HomeMy WebLinkAbout05-09-2005MINUTES
MAPLEWOOD CITY COUNCIL
7:19 P.M. Monday, May 09, 2005
Council Chambers, City Hall
Meeting No. 05-09
A.
B.
C.
D.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the City Hall, and
was called to order at 7:19 P.M. by Mayor Cardinal.
Pastor Pat Hall from Frontline Church led an invocation.
A moment of silence was held for St. Paul Police Sergeant Jerry Vick.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by a local Boy Scout Troop.
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the Council/Manager Workshop, April 25, 2005
Councilmember Juenemann moved to approve the minutes from the April 25, 2005 City
Council/Manager workshop as presented.
Seconded by Councilmember Koppen Ayes-Mayor Cardinal,
Councilmembers Juenemann,
Koppen and Rossbach
Abstain-Councilmember Monahan-
Junek
2. Minutes from City Council Meeting-April 25, 2005
Councilmember Juenemann moved to approve the minutes from the April 25, 2005 as
amended.
Seconded by Councilmember Koppen Ayes-All
E. APPROVAL OF AGENDA
M1. Lawn Care Management Seminar
M2. National Police Week
M3. Wateriest
M4. Cable Commission
M5. Homeland Security
M6. Ice Arena Update
J3. Consolidated Dispatch Update
Councilmember Monahan-Junek moved to approve the agenda as amended.
Seconded by Councilmember Rossbach Ayes-All
F. APPOINTMENTS/PRESENTATIONS
1. Resolution of Appreciation-Jeff Bartol and Daniel Lee
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolutions of appreciation for
Jeff Bartol and Daniel Lee for their service on the Maplewood Planning Commission:
JOINT RESOLUTION OF APPRECIATION 05-05-066
WHEREAS, Jeff Bartol has been a member of the Maplewood Planning
Commission since December 8, 2003 and has served faithfully in that capacity to
the present time; and
WHEREAS, the Planning Commission has appreciated his experience,
insights and good judgment and
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the
City of Maplewood, Minnesota and its citizens, that Jeff Bartol is hereby extended
our heartfelt gratitude and appreciation for his dedicated service, and we wish
him continued success in the future.
JOINT RESOLUTION OF APPRECIATION 05-05-067
WHEREAS, Daniel Lee has been a member of the Maplewood Planning
Commission since May 24, 2004 and has served faithfully in that capacity to the
present time; and
WHEREAS, the Planning Commission has appreciated his experience,
insights and good judgment and
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit
of the City.
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NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the
City of Maplewood, Minnesota and its citizens, that Daniel Lee is hereby
extended our heartfelt gratitude and appreciation for his dedicated service, and
we wish him continued success in the future.
Seconded by Councilmember Koppen Ayes-All
G. CONSENT AGENDA
Councilmember Juenemann moved to adopt consent agenda items 1-10.
Seconded by Councilmember Koppen Ayes-All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 373.26 Checks # 66761
dated 4/19/05
$ 117,564.61 Checks # 66762 thru # 66819
dated 4/22/05 thru 4/26/05
$ 157,954.09 Disbursements via debits to checking account
dated 4/14/05 thru 4/21/05
$ 160.00 Checks # 66820
dated 4/27/05
$ 428,734.46 Checks # 66821 thru # 66881
dated 5/03/05
$ 289,574.86 Disbursements via debits to checking account
dated 4/22/05 thru 4/27/05
$ 994,361.28 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 548,629.43 04/22/05
$ 3,855.39 Payroll Deduction check # 101163 thru # 101166
dated 04/22/05
$ 552,484.82 Total Payroll
$1,546,846.10 GRAND TOTAL
City Council 05-09-OS 3
Final Plat -Cottages at Legacy Village (Hazelwood Street and Legacy Parkway)
Approved the final plat for the Cottages at Legacy Village date-stamped April 11,
2005.
County Road D East Realignment -City Project 02-07-Resolution for Modification
of Existing Construction Contract (Shafer), Change Order Nos. 7, 8, 9, 10, 11 and
12.
Adopted the following resolution directing the modification of the existing
construction contract, Change Order Nos. 7-12 for the County Road D West
Improvements:
RESOLUTION 05-05-069
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 02-07, CHANGE ORDER Nos. 7 - 12
WHEREAS, the City Council of Maplewood, Minnesota has heretofore
ordered made Improvement Project 02-07, County Road D Realignment (East)
Improvements (TH 61 to Southlawn Dr.), and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, through negotiations Change Order Nos. 5 & 6 have been
eliminated such that they have no ($0.00) effect on the contract amount, and
WHEREAS, the City Engineer has reported that it is now necessary and
expedient that said contract be modified and designated as Improvement Project
02-07, Change Order Nos. 7, 8, 9, 10, 11 and 12, as an increase to said contract
by an amount of $43.346.83, such that the new contract amount is now and
hereby established as $2,421,378.70.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby
authorized to sign on behalf of the City of Maplewood to signify and show that the
existing contract is hereby modified through said Change Order Nos. 7, 8, 9, 10,
11 and 12 as a contract increase in the amount of $43.346.83. The revised
contract amount is $2,421,378.70.
No revisions to the project budget are required at this time, as these
changes fall within the original project scope and budget.
Hazelwood Street Improvements -City Project 03-39 -Revise bid opening date
Rescheduled the bid opening for Hazelwood Street Improvements to Friday,
May13, 2005 at 10:30 a.m.
Conditional Use Permit Review -Frontline Church (2055 White Bear Avenue)
Approved to review the permit for Frontline Church at 2055 White Bear Avenue
only if a problem arises.
Conditional Use Permit Review -Dearborn Meadows (Castle Avenue and Castle
Court)
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Approved to review the conditional use permit for the Dearborn Meadows PUD
on Castle Avenue and Castle Court again in one year or sooner if the developer
or the owner proposes a major change to the site.
Assignment of Home Loan Payment (Ramsey County/Carefree Cottages)
Adopted the following resolution authorizing the new assignments of loan
documents for the Carefree Cottages I & II and authorized the mayor and staff to
sign the necessary documents to execute the agreements:
RESOLUTION 05-05-068
AUTHORIZING THE EXECUTION OF
DOCUMENTS RELATING TO CAREFREE COTTAGES OF
MAPLEWOOD LIMITED PARTNERSHIP AND CAREFREE
COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP II
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the
"City"), as follows:
1. The City Council has entered a Development Agreement, dated as of June 28,
1993, (the "Development Agreement") with Carefree Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership (the "Developer"). The Developer has requested
that the City consent to a collateral assignment of the Developer's interest in the Development
Agreement and agree to certain other matters with respect to the Development Agreement
pursuant to an Assignment of Tax Increment Financing (the "Assignment") between the City and
Glaser Financial Group (the "Lender") and consent of the City of Maplewood. Pursuant to the
Development Agreement the Developer must obtain the consent of the City prior to making any
assignment of its interests under the Development Agreement.
2. The City Council has entered a Development Agreement, dated as of June 28,
1993, (the "Development Agreement") with Carefree Cottages of Maplewood Limited
Partnership II, a Minnesota limited partnership (the "Developer"). The Developer has requested
that the City consent to a collateral assignment of the Developer's interest in the Development
Agreement and agree to certain other matters with respect to the Development Agreement
pursuant to an Assignment of Tax Increment Financing (the "Assignment") between the City and
Glaser Financial Group (the "Lender") and consent of the City of Maplewood. Pursuant to the
Development Agreement the Developer must obtain the consent of the City prior to making any
assignment of its interests under the Development Agreement.
3. The City entered into a Home Investment Partnership Act Agreement with the
Ramsey County Housing and Redevelopment Authority (the "Authority") dated July 27, 1993
pursuant to which the Authority granted to the City $279,000 of HOME funds which were loaned
by the City to Carefree Cottages of Maplewood Limited Partnership (the "Loan"). The Loan is
evidenced by that certain Loan Agreement, by and between Carefree Cottages of Maplewood
Limited Partnership and the City, executed on August 17, 1993; that certain Promissory Note in
the principal amount of Two Hundred Seventy-Nine Thousand and No/100 Dollars
($279,000.00) dated August 17, 1993; and that certain Guaranty of payment and performance
executed by Bruce M. Mogren and Gerald C. Mogren on August 17, 1993 (the "Guaranty")(the
Loan Agreement, the Note and the Guaranty collectively, the "Loan Documents").
Loan.
The City desires to assign to the Authority, all of its right, title and interest in the
The following documents have been submitted to the City Council for approval:
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a. Assignment of Tax Increment Financing and Consent of the City of
Maplewood (related to Carefree Cottages of Maplewood Limited Partnership);
b. Assignment of Tax Increment Financing and Consent of the City of
Maplewood (related to Carefree Cottages of Maplewood Limited Partnership II); and
c. Assignment of Loan Documents (related to Carefree Cottages of
Maplewood Limited Partnership).
6. The City Council hereby approves the Assignment in substantially the form
submitted, and the Mayor and the Clerk are hereby authorized and directed to execute the
Consents of the City of Maplewood and the Assignment of Loan Documents on behalf of the
City. In the absence of the Mayor or the Clerk, any document authorized by this resolution to be
executed may be executed by an acting or duly designated official.
ASSIGNMENT OF TAX INCREMENT FINANCING
THIS ASSIGNMENT OF TAX INCREMENT FINANCING ("Assignment") is made as of the
_ day of April, 2005, by and between CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP, a Minnesota limited partnership ("Borrower'), whose address is c/o Mogren
Development Company, 1801 Gervais Avenue, Maplewood, Minnesota 55109, and GLASER
FINANCIAL GROUP, INC., a Minnesota corporation ("Lender"),whose address is 2177 Youngman
Avenue, St. Paul, Minnesota 55116.
PRELIMINARY RECITALS:
A. Lender is making a loan to Borrower in the original principal amount of Three
Million Six Hundred Thirty Thousand and No/100 Dollars ($3,630,000.00) (the "Loan").
B. The Loan is evidenced by a certain Multifamily Note dated April _, 2005
executed and delivered by the Borrower to the Lender in the original principal amount of Three
Million Six Hundred Thirty Thousand and No/100 Dollars ($3,630,000.00) (the "Note") and is
secured by, among other things, a Multifamily Mortgage, Assignment of Rents, Security
Agreement and Fixture Financing Statement (including any Riders, the "Security Instrument"),
dated the date of this Agreement, granting a lien on a multifamily residential facility located in
Maplewood, Minnesota known as Carefree Cottages of Maplewood I, as more fully described in
Exhibit "A" attached hereto and a multifamily residential facility located in Maplewood,
Minnesota known as Carefree Cottages of Maplewood II, as more fully described in Exhibit "A"
attached hereto (collectively the "Premises"). The Note, Security Instrument, this Agreement
and all other documents executed in connection with the Loan are collectively referred to as the
"Loan Documents".
C. The Premises is within the City of Maplewood's (the "TIF Provider") Housing
District No. 4 and Housing District 1-5 (collectively the "Tax Increment District") within its
Municipal Development District No. 1.
D. The TIF Provider and the Borrower entered into that certain Development
Agreement dated June 28, 1993 (the "Development Agreement"). The Development
Agreement sets forth the TIF Provider's agreement to provide certain tax increment financing to
the Borrower and the Premises in the form of reimbursements to the Borrower out of tax
increments derived from the Tax Increment District (the "Tax Increment Financing") as
consideration for undertaking certain improvements to the Premises.
E. As provided in the Development Agreement, the TIF Provider executed and
delivered to the Borrower, the TIF Provider's United States of America, State of Minnesota,
City Council 05-09-OS
County of Ramsey, City of Maplewood Tax Increment Revenue Note of 1994 (Carefree
Cottages of Maplewood Project), dated May 1, 1994 in the principal amount of Seven Hundred
Twenty-Eight Thousand Two Hundred Ninety-Three and No/100 Dollars ($728,293.00) (the "TIF
Note").
F. The TIF Note and the Development Agreement shall be referred to jointly herein
as the "Tax Increment Financing Documents".
G. In order to facilitate the Loan, Lender requires and the Borrower agrees to enter
into this Assignment.
H. As further security for repayment of the Note, Borrower is executing and
delivering to Lender this Assignment.
Instrument.
All terms not defined herein shall have the meanings set forth in the Security
NOW, THEREFORE, in consideration of the above recitals, and for value received, the
Borrower hereby transfers, assigns and grants a security interest in, pledges, and conveys, to
Lender all right, title and interest of the Borrower in and to the TIF Note and the Development
Agreement, together with all proceeds thereof and the immediate and continuing right to receive
and collect all amounts due orto become due thereunder and all other rights which may derive from
or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Tax Increment
Financing Documents for the purpose of securing the following (hereinafter collectively referred to
as the "Indebtedness Secured Hereby"):
One. Payment of the indebtedness and obligations evidenced by and performance ofthe
terms and conditions of the Note;
Two. Payment of all other sums with interest thereon becoming due and payable to
Lender herein and in the Note;
Three. Performance and discharge of each and every obligation, covenant and agreement
of the Borrower herein and in the Note, the Security Instrument and all other Loan
Documents.
BORROWER COVENANTS, WARRANTS, REPRESENTS AND AGREES:
J. Covenants. Representations and Warranties.
That Borrower is the true and lawful, absolute owner of the TIF Note free and clear from any and all
liens, security interests, encumbrances or other right, title or interest of any other person, firm or
corporation;
That Borrower has the full right and title to assign and pledge the TIF Note and the Development
Agreement; that there are no outstanding claims, assignments or pledges thereof; that there are no
existing defaults under the Tax Increment Financing Documents on the part of makers thereof; that
Borrower has fully complied with and is not in default with regard to the Tax Increment Financing
Documents.
That Tax Increment Financing Documents constitute all ofthe documents entered into in connection
with the Tax Increment Financing and shall not be amended, altered, terminated, cancelled,
modified or surrendered without the prior written consent of Lender.
That the Premises has been fully constructed in accordance with the Development Agreement and
the Borrower is in full compliance with the terms of the Development Agreement, including but not
City Council 05-09-OS
limited to, the low and moderate income requirements set forth in Section 3.3 of the Development
Agreement.
That the unpaid principal balance due on the TIF Note is $728,293.00 and no defaults exist under
the terms of the TIF Note.
That the TIF Note and the Development Agreement remain in full force and effect.
That there are no defenses, setoffs or counterclaims against or with regard to the TIF Note or the
Development Agreement or the indebtedness evidenced thereby. The TIF Note and the
Development Agreement have not been amended or modified except as provided herein and are
valid and enforceable obligations of the TIF Provider and the Borrower in accordance with their
terms.
K. Performance under the Tax Increment Financing Documents. The Borrower shall fully
comply with the Tax Increment Financing Documents and shall enforce or secure the performance
of each and every obligation of the TIF Provider in the Tax Increment Financing Documents; not
terminate the Tax Increment Financing or borrow against, further pledge or assign any payments
due under the TIF Note; not waive, excuse, condone or in any manner release or discharge the TIF
Provider from its obligations under the Tax Increment Financing Documents. The Borrower shall
provide Lender copies of all notices and certificates sent or received by Borrower under the Tax
Increment Financing Documents.
Present Pledge and Assignment.
This Assignment shall constitute a perfect, absolute and present pledge and assignment in
connection with which the Borrower shall have delivered to Lender the Tax Increment Financing
Documents endorsed and assigned to Lender. The Borrower shall execute and deliver to Lender
the Allonge Endorsement attached hereto as Exhibit "B" and the Assignment of Development
Agreement attached hereto as Exhibit "C".
The Borrower has retained the right to collectthesemi-annual payments underthe TIF Note unless
and until an Event of Default has occurred hereunder.
The Borrower shall provide Lender copies of all statements submitted to the TIF Provider for
payment on the TIF Note including, but not limited to, the Compliance Certificate described in
Section 3.2(5) of the Development Agreement.
From and during the continuance of an Event of Default beyond any applicable cure period
hereunder, upon notice to the TIF Provider, the TIF Note shall be registered in the name of Lender,
Lender shall be entitled to submit statements for payment under the TIF Note and all payments on
the TIF Note shall be paid directly to Lender to be held and applied by Lender as provided herein.
Should the Borrower thereafter receive any payments on the TIF Note, the Borrower shall
immediately turn over the same to Lender. Borrower hereby irrevocably appoints Lender as its
attorney in fact, irrevocable and coupled with an interest to perform all of Borrower's obligations
under the Tax Increment Financing Documents and to cause the TIF Note to be registered in
Lender's name and to submit statements for payment under the TIF Note and to collect all
payments under and to enforce the Tax Increment Financing Documents including but not limited to
the TIF Note and the Development Agreement from and afterthe occurrence of an Event of Default
hereunder.
M. Security Agreement. This Agreement constitutes a Security Agreement under the Uniform
Commercial Code as adopted in Minnesota (the "Code") and shall be governed by the Code.
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N. Events of Default. An Event of Default shall occur hereunder upon the following
A default or Event of Default occurs under any of the terms of the Note orthe Security Instrument or
any other Loan Document; or
Failure to comply with or perform any of the terms, conditions or covenants of this Assignment or
the Tax Increment Financing Documents; or
Any representation orwarranty made by Borrower herein, in the Note, the Security Instrument or in
any other Loan Document shall be false, breached or dishonored.
O. Remedies. Upon and during the continuance of an Event of Default beyond any applicable
cure period, Lender may declare all Indebtedness Secured Hereby immediately due and payable
and provide notice to the TIF Providerto thereafter make all payments underthe TIF Note to Lender
and apply all sums held or received by Lender including the payments received underthe TIF Note
to the Indebtedness Secured Hereby in such order as Lender may determine and may, at its option,
enforce the payment thereof and exercise all of the rights of a holder of the Tax Increment
Financing Documents. In addition, upon the occurrence of an Event of Default, Lender maywithout
demand, advertisement or notice of any kind (except such notice as may be required under the
Code) and all of which are, to the extent permitted by law, hereby expressly waived:
exercise any of the remedies available to a secured party under the Code;
proceed immediately to exercise each and all of the powers, rights, and privileges reserved or
granted to Lender under the Note or the Security Instrument;
proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and for the
enforcement of any other legal or equitable remedy available to Lender.
In the event that any notice is required to be given under the Code such requirements for
reasonable notice shall be satisfied by giving at least ten (10) days notice prior to the event
or thing giving rise to the requirement of notice.
P. Authorization to TIF Provider. The TIF Provider is hereby irrevocably authorized and
directed to recognize the claims of Lender without investigating the reason for any action taken or
the validity of or the amount of indebtedness owing to Lender or the existence of any Event of
Default and the Borrower hereby irrevocably directs and authorizes the TIF Providerto register the
TIF Note in Lender's Name and to pay exclusively to Lender or its assigns from and after request
from Lender, all sums due under the TIF Note without the necessity of proof of any Event of Default
hereunder and to the extent such sums are paid to Lender, the Borrower agrees that the TIF
Provider shall have no further liability to the Borrower for the same. The sole signature of Lender
shall be sufficient for the exercise of any rights under this Assignment and the sole receipt by
Lender of any sum paid by the TIF Provider shall be in discharge and release of that portion of any
amount owed by the TIF Provider.
Q. Additional Instruments. The Borrower upon the request of Lender shall, at the Borrower's
expense, execute and deliver all assignments, certificates, financing statements or other documents
and give further assurances and do all other acts and things as Lender may request to perfect or to
realize upon Lender's interest in the Tax Increment Financing and the Tax Increment Financing
Documents orto protect, enforce, or otherwise effect Lender's rights and remedies. Ifthe Borrower
is unable or unwilling to execute any such other assignments, certificates, financing statements or
other documents and to file financing statements or other public notices or recordings with the
appropriate authorities, as and when reasonably requested by Lender, the Borrower irrevocably
authorizes Lender to sign and deliver as the Borrower's true and lawful agent and attorney-in-fact,
irrevocable and coupled with an interest, any such assignment, certificate, financing statement or
other document and to make any such filing.
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R. Amendment. The Tax Increment Financing Documents shall not be amended, altered,
cancelled, modified, surrendered or terminated without the prior written consent of Lender.
S. Release. Upon payment and performance in full of the Indebtedness Secured Hereby, this
Assignment shall be released and shall thereafter become null and void and be of no further effect.
T. Successors and Assigns. This Assignment, and each and every covenant, agreement and
provision hereof shall be binding upon the Borrower and its successors and assigns and shall inure
to the benefit of Lender and its successors and assigns.
U. Governing Law. This Assignment is intended to be governed by the laws of the State of
Minnesota.
V. Validity Clause. The unenforceability orinvalidity of any provision hereof shall not render
any other provision or provisions herein contained unenforceable or invalid. Any provisions found
to be unenforceable shall be severable from this Assignment.
W. Notices. Notices which any party hereto may desire or may be required to give to any other
party shall be in writing and the mailing thereof by certified mail or equivalent, to the respective
party's address as set forth hereinabove, or such other place as such party may by notice in writing
designate as its address shall constitute service of notice hereunder.
X. Attorneys' Fees. The Borrower agrees to pay all costs of collection, including reasonable
attorneys' fees, at any time paid or incurred by Lender in connection with the enforcement of its
rights hereunder.
IN WITNESS WHEREOF, the Borrower has caused this Assignment of Tax Increment
Financing to be executed as of the date first above written.
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Chief Manager
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of April, 2005, by
Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited
liability company, the General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
City Council 05-09-OS 10
EXHIBIT "A"
LEGAL DESCRIPTION
The land herein referred to is situated in the County of Ramsey, State of Minnesota, and
is described as follows:
Parcel A
Tract 1:
The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers
Garden Lots.
Tract 2:
The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue,
and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at
the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54
seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11
feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38
seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet;
thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06
minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00
feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees
06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East
75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89
degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of
said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots.
Together with the following described easements:
Easement A (Document No. 2892318)
A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden
Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota
described as follows:
Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W
(assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees
54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E
a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to
a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of
24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66
feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees
03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a
distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet;
thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees O5
minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a
distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet;
thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of
46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5;
thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly
along the arc of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45
feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27
degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56
seconds W a distance of 573.53 feet to the point of beginning and there terminating.
Easement B (Document Nos. 2738823 and 2787234)
A 30 foot drainage easement, the centerline of which is described as commencing atthe Northeast
corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees
06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40
feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13
minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and
Easement C (Document Nos. 2738823 and 2787234)
The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers
Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G.
Rogers Garden Lots which lies North of the following described lines:
Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89
degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64
feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line
parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines
to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38
feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18
minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there
terminating.
Parcel B
The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden
Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and
Northerly of the following described line:
Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees
18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a
distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00
degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds
West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North
00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22
seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence
South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22
seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence
South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feetto a point on the East
line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits
contained in Document Numbers 2787230 and 2787231.
Together with the following described easements:
A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are
described as follows:
Easement A (Document No. 2787236)
A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the
Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West;
thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of
said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel
with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38
seconds West 51.51 feet to the point of beginning ofthe centerline to be described, said point being
on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes
38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feetto
a point hereinafter referred to as point "A"; thence continuing North 45 degrees 06 minutes 38
seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the
westerly line of herein described Phase 1 and there terminating.
Easement B (Document No. 2787236)
Also a 24 foot wide road easement, the centerline of which is described as follows:
Beginning at the above described point "A";thence North 00 degrees 06 minutes 38 seconds West
244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius
42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38
seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and
there terminating.
EXHIBIT "B"
TO
ASSIGNMENT OF TAX INCREMENT FINANCING
ALLONGEENDORSEMENTTO
TAX INCREMENT REVENUE NOTE
FOR VALUE RECEIVED, CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP, a Minnesota limited partnership, endorses, assigns and transfers with recourse to
GLASER FINANCIAL GROUP, INC., a Minnesota corporation, all right, title and interest in and to
the following described Note:
United States of America, State of Minnesota, County of Ramsey, City of Maplewood,
Minnesota Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Project)
dated May 1, 1994, in the original principal amount of $728,293.00 executed by the City of
Maplewood, Minnesota, as maker, to Carefree Cottages of Maplewood Limited Partnership,
as holder.
Dated at Minneapolis, Minnesota, as of the _ day of April, 2005.
THIS ALLONGE IS TO BE AFFIXED
TO THE NOTE DESCRIBED ABOVE
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Chief Manager
EXHIBIT "C"
TO
ASSIGNMENT OF TAX INCREMENT FINANCING
ASSIGNMENT OF DEVELOPMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP, a Minnesota limited partnership ("Assignor") in consideration of the sum
of One Dollar ($1.00) and other good and valuable consideration, in hand paid by GLASER
FINANCIAL GROUP, INC., a Minnesota corporation ("Assignee"), receipt whereof is hereby
acknowledged, does hereby sell, assign, transfer, and set over, to the Assignee, its successors and
assigns, that certain Development Agreement dated June 28, 1993, by and between the City of
Maplewood, Minnesota, a municipal corporation organized and existing under the laws of the State
of Minnesota, and Carefree Cottages of Maplewood Limited Partnership, concerning certain real
property more fully described in Exhibit "A" attached hereto, together with all right and interest in the
rights therein specified, and hereby constitutes and appoints said Assignee its attorney-in-fact
irrevocable and coupled with an interest to collect and receive said debt, and to enforce and satisfy
said Development Agreement the same as it might or could have done were these presents not
executed, but at the cost and expense of the Assignee and does hereby covenant with the
Assignee that the Assignor has good right to sell, assign and transfer the same.
IN TESTIMONY WHEREOF, the Assignor has caused these presents to be executed as ofthe
day of April, 2005.
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Member
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of April, 2005, by
Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited
liability company, the General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
EXHIBIT "A"
TO
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
The land herein referred to is situated in the County of Ramsey, State of Minnesota, and
is described as follows:
Parcel A
Tract 1:
The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers
Garden Lots.
Tract 2:
The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue,
and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at
the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54
seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11
feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38
seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet;
thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06
minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00
feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees
06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East
75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89
degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of
said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots.
Together with the following described easements:
Easement A (Document No. 2892318)
A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden
Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota
described as follows:
Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W
(assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees
54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E
a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to
a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of
24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66
feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees
03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a
distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet;
thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees O5
minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a
distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet;
thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of
46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5;
thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly
along the arc of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45
feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27
degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56
seconds W a distance of 573.53 feet to the point of beginning and there terminating.
Easement B (Document Nos. 2738823 and 2787234)
A 30 foot drainage easement, the centerline of which is described as commencing atthe Northeast
corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees
06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40
feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13
minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and
Easement C (Document Nos. 2738823 and 2787234)
The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers
Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G.
Rogers Garden Lots which lies North of the following described lines:
Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89
degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64
feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line
parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines
to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38
feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18
minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there
terminating.
Parcel B
The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden
Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and
Northerly of the following described line:
Commencing at the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees
18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a
distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00
degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds
West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North
00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22
seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence
South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22
seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence
South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feetto a point on the East
line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits
contained in Document Numbers 2787230 and 2787231.
Together with the following described easements:
A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are
described as follows:
Easement A (Document No. 2787236)
A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the
Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West;
thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of
said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel
with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38
seconds West 51.51 feet to the point of beginning ofthe centerline to be described, said point being
on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes
38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feetto
a point hereinafter referred to as point "A"; thence continuing North 45 degrees 06 minutes 38
seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the
westerly line of herein described Phase 1 and there terminating.
Easement B (Document No. 2787236)
Also a 24 foot wide road easement, the centerline of which is described as follows:
Beginning at the above described point "A";thence North 00 degrees 06 minutes 38 seconds West
244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius
42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38
seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and
there terminating.
CONSENT OF
THE CITY OF MAPLEWOOD, MINNESOTA
The City of Maplewood, Minnesota ("TIF Provider") acknowledges that it has reviewed the
Assignment of Tax Increment Financing ("Assignment") entered into by and between Carefree
Cottages of Maplewood Limited Partnership, a Minnesota limited partnership ("Borrower"), and
Glaser Financial Group, Inc., a Minnesota corporation ("Lender') dated April _, 2005 and
consents to the endorsement of the TIF Note (as defined in the Assignment) and to the assignment
of the Tax Increment Financing including the Development Agreement (as defined in the
Assignment) to Lender and to any subsequent assignment to its successors or assigns. Payments
under the TIF Note shall continue to be made to Carefree Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership, until Lender gives notice to the TIF Provider that
payments under the TIF Note shall be paid to Lender. Upon receipt of such notice, the TIF Note
shall be registered in the name of Lender, or its nominee or successors or assigns, and payments
under the TIF Note shall be made to Lender.
The TIF Provider further covenants, represents and warrants to and agrees with Lender as
follows:
That it has received good and valuable consideration for the TIF Note and the
Development Agreement.
That the unpaid balance due on the TIF Note now is $728,293.00 and to TIF Provider's
knowledge, without investigation, no defaults exist under the terms of said TIF Note or the
Development Agreement.
The Project, as defined in the Development Agreement has been fully constructed in
accordance with the Development Agreement.
To TIF Provider's knowledge, without investigation, the Borrower is in full compliance with
the terms of the Development Agreement and the Development Agreement and the TIF
Note remain in full force and effect.
The TIF Provider will not accept any offer of termination, amendment or modification of the
Tax Increment Financing Documents without Lender's prior written approval.
To TIF Provider's knowledge, without investigation, there are no defenses, setoffs or
counterclaims against or with regard to the TIF Note or the Development Agreement or the
indebtedness evidenced thereby. The TIF Note and the Development Agreementcnnstitute
all of the documents entered into with the Borrower in connection with the Tax Increment
Financing and have not been amended or modified except as described in the Assignment
and are valid and enforceable obligations of the TIF Provider in accordance with theirterms.
The TIF Provider hereby agrees that should Lender obtain the appointment of a receiver or
become the owner of the Premises, or otherwise enforce its rights under the Loan
Documents, Lender shall not be obligated to perform the terms and conditions of the Tax
Increment Financing Documents provided, however, that performance of the terms and
conditions thereof shall be a condition to TIF Provider's payment of the TIF to Lender under
the terms and provisions hereof.
Notwithstanding the provisions of Section 4.1(e)(E) of the Development Agreement, the TIF
Provider shall continue to make payments on the Tax Increment Financing in accordance
with the TIF Note and the Development Agreement, notwithstanding the existence of a
default or event of default under that certain loan from the TIF Provider to the Borrower in
the original principal amount of $279,000.00 as evidenced by that certain Promissory Note
dated August 17, 1993 in the original principal amount of $279,000.00 executed and
delivered by the Borrower to the TIF Provider, and that Loan Agreement dated August 17,
1993 entered into by and between the Borrower and the TIF Provider.
In addition to providing the Borrower notice of default under the Development Agreement,
the TIF Provider agrees to provide Lender, its successors and assigns, with copies of any
notice of default given under the Development Agreement and that Lender, its successors
and assigns, shall have the right but not the obligation to cure any such default on behalf of
the Borrowerwithin the time specified in the DevelopmentAgreement, provided that should
possession of the Mortgaged Property be necessary in order to cure such default, such time
shall include a reasonable amount oftime for Lender to obtain possession of the Mortgaged
Property and to cure such default. Should an Event of Default occur under the
Development Agreement, such that the TIF Provider has the right to cancel, terminate or
rescind the TIF Note and the Development Agreement, the TIF Provider shall upon request
of Lender honor the TIF Note and the Development Agreement as a direct obligation to
Lender, its nominee, successors or assigns, for the remaining unpaid principal balance
thereof provided that Lender has cured the Event of Default under the Development
Agreement except Events of Default resulting from a bankruptcy filing by the Borrower or
foreclosure of the Security Instrument.
10. Provided all other provisions of the Development Agreement which are conditions to
payment under the TIF Note are satisfied, the Development Agreement and the obligations
of the TIF Provider under the TIF Note shall not be relieved, hindered or restricted in any
manner by reason ofthe foreclosure of the Security Instrument or any event of default under
or other remedies which Lender may pursue under the Note or other Loan Documents.
11. The TIF Provider understands and agrees that this Consent of the City of Maplewood,
Minnesota ("Consent") is executed and delivered in order to induce Lender to make the
Loan (as described in the Assignment) and but forthis Consent Lender would not make the
Loan.
Dated this day of , 2005
THE CITY OF MAPLEWOOD, MINNESOTA, a
municipal corporation
By:
Its: Mayor
By:
Its: City Clerk
ASSIGNMENT OF TAX INCREMENT FINANCING
THIS ASSIGNMENT OF TAX INCREMENT FINANCING ("Assignment") is made as of the
_ day of April, 2005, by and between CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP II, a Minnesota limited partnership ("Borrower"), whose address is c/o Mogren
Development Company, 1801 Gervais Avenue, Maplewood, Minnesota 55109, and GLASER
FINANCIAL GROUP, INC., a Minnesota corporation ("Lender"),whose address is 2177 Youngman
Avenue, St. Paul, Minnesota 55116.
PRELIMINARY RECITALS:
A. Lender is making a loan to Borrower in the original principal amount of Three
Million and No/100 Dollars ($3,000,000.00) (the "Loan").
B. The Loan is evidenced by a certain Multifamily Note dated April _, 2005
executed and delivered by the Borrower to the Lender in the original principal amount of Three
Million and No/100 Dollars ($3,000,000.00) (the "Note") and is secured by, among other things,
a Multifamily Mortgage, Assignment of Rents, Security Agreement and Fixture Financing
Statement (including any Riders, the "Security Instrument"), dated the date of this Agreement,
granting a lien on a multifamily residential facility located in Maplewood, Minnesota known as
Carefree Cottages of Maplewood II, as more fully described in Exhibit "A" attached hereto and a
multifamily residential facility located in Maplewood, Minnesota known as Carefree Cottages of
Maplewood I, as more fully described in Exhibit "A" attached hereto (collectively, the
"Premises"). The Note, Security Instrument, this Agreement and all other documents executed
in connection with the Loan are collectively referred to as the "Loan Documents".
C. The Premises is within the City of Maplewood's (the "TIF Provider") Housing
District 1-5 (collectively the "Tax Increment District") within its Municipal Development District
No. 1.
D. The TIF Provider and the Borrower entered into that certain Development
Agreement dated June 28, 1993 (the "Development Agreement"). The Development Agreement
sets forth the TIF Provider's agreement to provide certain tax increment financing to the
Borrower and the Premises in the form of reimbursements to the Borrower out of tax increments
derived from the Tax Increment District (the "Tax Increment Financing") as consideration for
undertaking certain improvements to the Premises.
E. As provided in the Development Agreement, the TIF Provider executed and
delivered to the Borrower, the TIF Provider's United States of America, State of Minnesota,
County of Ramsey, City of Maplewood Tax Increment Revenue Note of 1994 (Carefree
Cottages of Maplewood Phase II Project), dated May 1, 1994 in the principal amount of Five
Hundred Seventy-Four Thousand Nine Hundred Eighty-Seven and No/100 Dollars
($574,987.00) (the "TIF Note")
F. The TIF Note and the Development Agreement shall be referred to jointly herein
as the "Tax Increment Financing Documents".
G. In order to facilitate the Loan, Lender requires and the Borrower agrees to enter
into this Assignment.
H. As further security for repayment of the Note, Borrower is executing and
delivering to Lender this Assignment.
Instrument.
All terms not defined herein shall have the meanings set forth in the Security
NOW, THEREFORE, in consideration of the above recitals, and for value received, the
Borrower hereby transfers, assigns and grants a security interest in, pledges, and conveys, to
Lender all right, title and interest of the Borrower in and to the TIF Note and the Development
Agreement, together with all proceeds thereof and the immediate and continuing right to receive
and collect all amounts due orto become due thereunder and all other rights which may derive from
or accrue thereunder and the right to amend, cancel, modify, alter or surrender the Tax Increment
Financing Documents for the purpose of securing the following (hereinafter collectively referred to
as the "Indebtedness Secured Hereby"):
One. Payment of the indebtedness and obligations evidenced by and performance ofthe
terms and conditions of the Note;
Two. Payment of all other sums with interest thereon becoming due and payable to
Lender herein and in the Note;
Three. Performance and discharge of each and every obligation, covenant and agreement
of the Borrower herein and in the Note, the Security Instrument and all other Loan
Documents.
BORROWER COVENANTS, WARRANTS, REPRESENTS AND AGREES:
1. Covenants. Representations and Warranties.
a. That Borrower is the true and lawful, absolute owner of the TIF Note free and clear
from any and all liens, security interests, encumbrances or other right, title or
interest of any other person, firm or corporation;
b. That Borrower has the full right and title to assign and pledge the TIF Note and the
Development Agreement; that there are no outstanding claims, assignments or
pledges thereof; that there are no existing defaults under the Tax Increment
Financing Documents on the part of makers thereof; that Borrower has fully
complied with and is not in default with regard to the Tax Increment Financing
Documents.
That Tax Increment Financing Documents constitute all of the documents entered
into in connection with the Tax Increment Financing and shall not be amended,
altered, terminated, cancelled, modified or surrendered without the prior written
consent of Lender.
d. That the Premises has been fully constructed in accordance with the Development
Agreement and the Borrower is in full compliance with the terms of the Development
Agreement, including but not limited to, the low and moderate income requirements
set forth in Section 3.3 of the Development Agreement.
e. That the unpaid principal balance due on the TIF Note is $574,987.00 and no
defaults exist under the terms of the TIF Note.
f. That the TIF Note and the Development Agreement remain in full force and effect.
g. That there are no defenses, setoffs or counterclaims against or with regard to the
TIF Note or the Development Agreement or the indebtedness evidenced thereby.
The TIF Note and the Development Agreement have not been amended or modified
except as provided herein and are valid and enforceable obligations of the TIF
Provider and the Borrower in accordance with their terms.
2. Performance under the Tax Increment Financing Documents. The Borrower shall fully
comply with the Tax Increment Financing Documents and shall enforce or secure the
performance of each and every obligation of the TIF Provider in the Tax Increment
Financing Documents; not terminate the Tax Increment Financing or borrow against, further
pledge or assign any payments due under the TIF Note; not waive, excuse, condone or in
any manner release or discharge the TIF Provider from its obligations under the Tax
Increment Financing Documents. The Borrower shall provide Lender copies of all notices
and certificates sent or received by Borrower under the Tax Increment Financing
Documents.
3. Present Pledge and Assignment.
a. This Assignment shall constitute a perfect, absolute and present pledge and
assignment in connection with which the Borrower shall have delivered to Lender
the Tax Increment Financing Documents endorsed and assigned to Lender. The
Borrower shall execute and deliver to Lender the Allonge Endorsement attached
hereto as Exhibit "B" and the Assignment of Development Agreement attached
hereto as Exhibit "C".
b. The Borrower has retained the right to collect the semi-annual payments under the
TIF Note unless and until an Event of Default has occurred hereunder.
The Borrower shall provide Lender copies of all statements submitted to the TIF
Provider for payment on the TIF Note including, but not limited to, the Compliance
Certificate described in Section 3.2(5) of the Development Agreement.
d. From and during the continuance of an Event of Default beyond any applicable cure
period hereunder, upon notice to the TIF Provider, the TIF Note shall be registered
in the name of Lender, Lender shall be entitled to submit statements for payment
underthe TIF Note and all payments on the TIF Note shall be paid directly to Lender
to be held and applied by Lender as provided herein. Should the Borrower
thereafter receive any payments on the TIF Note, the Borrower shall immediately
turn over the same to Lender. Borrower hereby irrevocably appoints Lender as its
attorney in fact, irrevocable and coupled with an interest to perform all of Borrower's
obligations under the Tax Increment Financing Documents and to cause the TIF
Note to be registered in Lender's name and to submit statements for payment under
the TIF Note and to collect all payments under and to enforce the Tax Increment
Financing Documents including but not limited to the TIF Note and the Development
Agreement from and after the occurrence of an Event of Default hereunder.
4. Security Agreement. This Agreement constitutes a Security Agreement under the Uniform
Commercial Code as adopted in Minnesota (the "Code") and shall be governed by the
Code.
5. Events of Default. An Event of Default shall occur hereunder upon the following:
A default or Event of Default occurs under any of the terms of the Note or the Security
Instrument or any other Loan Document; or
Failure to comply with or perform any of the terms, conditions or covenants of this
Assignment or the Tax Increment Financing Documents; or
Any representation or warranty made by Borrower herein, in the Note, the Security
Instrument or in any other Loan Document shall be false, breached or dishonored.
6. Remedies. Upon and during the continuance of an Event of Default beyond any applicable
cure period, Lender may declare all Indebtedness Secured Hereby immediately due and
payable and provide notice to the TIF Provider to thereafter make all payments under the
TIF Note to Lender and apply all sums held or received by Lender including the payments
received under the TIF Note to the Indebtedness Secured Hereby in such order as Lender
may determine and may, at its option, enforce the payment thereof and exercise all of the
rights of a holder of the Tax Increment Financing Documents. In addition, upon the
occurrence of an Event of Default, Lender may without demand, advertisement or notice of
any kind (except such notice as may be required under the Code) and all of which are, to
the extent permitted by law, hereby expressly waived:
exercise any of the remedies available to a secured party under the Code;
proceed immediately to exercise each and all of the powers, rights, and privileges reserved
or granted to Lender under the Note or the Security Instrument;
proceed to protect and enforce this Assignment by suits or proceedings or otherwise, and
for the enforcement of any other legal or equitable remedy available to Lender.
In the event that any notice is required to be given under the Code such requirements for
reasonable notice shall be satisfied by giving at least ten (10) days notice prior to the event
or thing giving rise to the requirement of notice.
7. Authorization to TIF Provider. The TIF Provider is hereby irrevocably authorized and
directed to recognize the claims of Lender without investigating the reason for any action
taken or the validity of or the amount of indebtedness owing to Lender or the existence of
any Event of Default and the Borrower hereby irrevocably directs and authorizes the TIF
Provider to register the TIF Note in Lender's Name and to pay exclusively to Lender or its
assigns from and after request from Lender, all sums due under the TIF Note without the
necessity of proof of any Event of Default hereunder and to the extent such sums are paid
to Lender, the Borrower agrees that the TIF Provider shall have no further liability to the
Borrower for the same. The sole signature of Lender shall be sufficient for the exercise of
any rights under this Assignment and the sole receipt by Lender of any sum paid by the TIF
Provider shall be in discharge and release of that portion of any amount owed by the TIF
Provider.
8. Additional Instruments. The Borrower upon the request of Lender shall, at the Borrower's
expense, execute and deliver all assignments, certificates, financing statements or other
documents and give further assurances and do all other acts and things as Lender may
request to perfect or to realize upon Lender's interest in the Tax Increment Financing and
the Tax Increment Financing Documents orto protect, enforce, or otherwise effect Lender's
rights and remedies. If the Borrower is unable or unwilling to execute any such other
assignments, certificates, financing statements or other documents and to file financing
statements or other public notices or recordings with the appropriate authorities, as and
when reasonably requested by Lender, the Borrower irrevocably authorizes Lender to sign
and deliver as the Borrower's true and lawful agent and attorney-in-fact, irrevocable and
coupled with an interest, any such assignment, certificate, financing statement or other
document and to make any such filing.
9. Amendment. The Tax Increment Financing Documents shall not be amended, altered,
cancelled, modified, surrendered or terminated without the prior written consent of Lender.
10. Release. Upon payment and performance in full of the Indebtedness Secured Hereby, this
Assignment shall be released and shall thereafter become null and void and be of no further
effect.
11. Successors and Assigns. This Assignment, and each and every covenant, agreement and
provision hereof shall be binding upon the Borrower and its successors and assigns and
shall inure to the benefit of Lender and its successors and assigns.
12. Governing Law. This Assignment is intended to be governed by the laws of the State of
Minnesota.
13. Validity Clause. The unenforceability orinvalidity of any provision hereof shall not render
any other provision or provisions herein contained unenforceable or invalid. Any provisions
found to be unenforceable shall be severable from this Assignment.
14. Notices. Notices which any party hereto may desire or may be required to give to any other
party shall be in writing and the mailing thereof by certified mail or equivalent, to the
respective party's address as set forth hereinabove, or such other place as such party may
by notice in writing designate as its address shall constitute service of notice hereunder.
15. Attorneys' Fees. The Borrower agrees to pay all costs of collection, including reasonable
attorneys' fees, at anytime paid or incurred by Lender in connection with the enforcement of
its rights hereunder.
IN WITNESS WHEREOF, the Borrower has caused this Assignment of Tax Increment
Financing to be executed as of the date first above written.
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP II, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Chief Manager
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of April, 2005, by
Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited
liability company, a General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP II, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION
The Land referred to is situated in the State of Minnesota, County of Ramsey, and is described
as follows:
Parcel A
The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden
Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and
Northerly of the following described line:
Commencing at the Northeast comer of the South 300 feet of said Lot 2; thence North 89 degrees
18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a
distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00
degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds
West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North
00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22
seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence
South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22
seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence
South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feetto a point on the East
line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits
contained in Document Numbers 2787230 and 2787231.
Together with the following described easements:
A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are
described as follows:
Easement A (Document No. 2787236)
A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the
Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West;
thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of
said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel
with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38
seconds West 51.51 feet to the point of beginning ofthe centerline to be described, said point being
on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes
38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feetto
a point hereinafter referred to as point "A"; thence continuing North 45 degrees 06 minutes 38
seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the
westerly line of herein described Phase 1 and there terminating.
Easement B (Document No. 2787236)
Also a 24 foot wide road easement, the centerline of which is described as follows:
Beginning at the above described point "A";thence North 00 degrees 06 minutes 38 seconds West
244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius
42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38
seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and
there terminating.
Parcel B:
Tract 1:
The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers
Garden Lots.
Tract 2:
The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue,
and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at
the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54
seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11
feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38
seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet;
thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06
minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00
feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees
06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East
75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89
degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of
said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots.
Together with the following described easements:
Easement A (Document No. 2892318)
A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden
Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota
described as follows:
Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W
(assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees
54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E
a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to
a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of
24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66
feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees
03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a
distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet;
thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees O5
minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a
distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet;
thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of
46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5;
thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly
along the arc of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45
feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27
degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56
seconds W a distance of 573.53 feet to the point of beginning and there terminating.
Easement B (Document Nos. 2738823 and 2787234)
A 30 foot drainage easement, the centerline of which is described as commencing atthe Northeast
corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees
06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40
feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13
minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and
Easement C (Document Nos. 2738823 and 2787234)
The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers
Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G.
Rogers Garden Lots which lies North of the following described lines:
Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89
degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64
feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line
parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines
to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38
feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18
minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there
terminating.
EXHIBIT "B"
TO
ASSIGNMENT OF TAX INCREMENT FINANCING
ALLONGEENDORSEMENTTO
TAX INCREMENT REVENUE NOTE
FOR VALUE RECEIVED, CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP II, a Minnesota limited partnership, endorses, assigns and transferswith recourse
to GLASER FINANCIAL GROUP, INC., a Minnesota corporation, all right, title and interest in and to
the following described Note:
United States of America, State of Minnesota, County of Ramsey, City of Maplewood,
Minnesota Tax Increment Revenue Note of 1994 (Carefree Cottages of Maplewood Phase II
Project) dated May 1, 1994, in the original principal amount of $574,987.00 executed bythe
City of Maplewood, Minnesota, as maker, to Carefree Cottages of Maplewood Limited
Partnership II, as holder.
Dated at Minneapolis, Minnesota, as of the _ day of April, 2005.
THIS ALLONGE IS TO BE AFFIXED
TO THE NOTE DESCRIBED ABOVE
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP II, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Chief Manager
EXHIBIT "C"
TO
ASSIGNMENT OF TAX INCREMENT FINANCING
ASSIGNMENT OF DEVELOPMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP II, a Minnesota limited partnership ("Assignor") in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration, in hand paid by GLASER
FINANCIAL GROUP, INC., a Minnesota corporation ("Assignee"), receipt whereof is hereby
acknowledged, does hereby sell, assign, transfer, and set over, to the Assignee, its successors and
assigns, that certain Development Agreement dated June 28, 1993, by and between the City of
Maplewood, Minnesota, a municipal corporation organized and existing under the laws of the State
of Minnesota, and Carefree Cottages of Maplewood Limited Partnership II, concerning certain real
property more fully described in Exhibit "A" attached hereto, together with all right and interest in the
rights therein specified, and hereby constitutes and appoints said Assignee its attorney-in-fact
irrevocable and coupled with an interest to collect and receive said debt, and to enforce and satisfy
said Development Agreement the same as it might or could have done were these presents not
executed, but at the cost and expense of the Assignee and does hereby covenant with the
Assignee that the Assignor has good right to sell, assign and transfer the same.
IN TESTIMONY WHEREOF, the Assignor has caused these presents to be executed as ofthe
day of April, 2005.
CAREFREE COTTAGES OF MAPLEWOOD
LIMITED PARTNERSHIP II, a Minnesota limited
partnership
By: Mogren Housing Development, LLC, a
Minnesota limited liability company
Its: General Partner
By:
Bruce Mogren
Its: Chief Manager
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of April, 2005, by
Bruce Mogren, the Chief Manager of Mogren Housing Development, LLC, a Minnesota limited
liability company, a General Partner of CAREFREE COTTAGES OF MAPLEWOOD LIMITED
PARTNERSHIP II, a Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
EXHIBIT "A"
TO
ASSIGNMENT OF DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION
The Land referred to is situated in the State of Minnesota, County of Ramsey, and is described
as follows:
Parcel A
The West 15 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers Garden
Lots, and that part of the North 689.64 feet of the South 989.64 feet of Lot 2 lying Westerly and
Northerly of the following described line:
Commencing at the Northeast comer of the South 300 feet of said Lot 2; thence North 89 degrees
18 minutes 54 seconds West (assumed bearing) along the North line of said South 300 feet a
distance of 18.11 feet to the point of beginning of the lines to be described; thence North 00
degrees 06 minutes 38 seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds
West 243.50 feet; thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North
00 degrees 06 minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22
seconds West 5.00 feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence
South 45 degrees 06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22
seconds East 75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence
South 89 degrees 18 minutes 54 seconds East along said North line 2.0 feetto a point on the East
line of said Lot 2 and there terminating, all in E. G. Rogers Garden Lots. Together with the benefits
contained in Document Numbers 2787230 and 2787231.
Together with the following described easements:
A road easement over and across Lots 1 and 2, E. G. Roger's Garden Lots, said easement are
described as follows:
Easement A (Document No. 2787236)
A 24 foot wide road easement, the centerline of which is described as follows: Commencing at the
Southeast corner of the Northeast Quarter of Section 10, Township 29 North, Range 22 West;
thence North 00 degrees 10 minutes 49 seconds West (assumed bearing) along the East line of
said Northeast Quarter 33.0 feet; thence North 89 degrees 18 minutes 54 seconds West parallel
with the South line of said Northeast Quarter 93.40 feet; thence North 0 degrees 06 minutes 38
seconds West 51.51 feet to the point of beginning ofthe centerline to be described, said point being
on the Southerly line of Parcel 2 herein described; thence continuing North 00 degrees 06 minutes
38 seconds West 70.54 feet; thence North 45 degrees 06 minutes 38 seconds West 301.76 feetto
a point hereinafter referred to as point "A"; thence continuing North 45 degrees 06 minutes 38
seconds West 6.37 feet; thence South 89 degrees 53 minutes 22 seconds West 38.21 feet to the
westerly line of herein described Phase 1 and there terminating.
Easement B (Document No. 2787236)
Also a 24 foot wide road easement, the centerline of which is described as follows:
Beginning at the above described point "A";thence North 00 degrees 06 minutes 38 seconds West
244.80 feet; thence along a tangential curve to the left, concave to the southwest, 32.99 feet, radius
42.0 feet, delta angle 45 degrees 00 minutes 00 seconds; thence North 45 degrees 06 minutes 38
seconds West tangent to said curve 83.57 feet to a point hereinafter referred to as point "B" and
there terminating.
Parcel B:
Tract 1:
The North 22.42 feet of the South 727.39 feet of the West 15 feet of Lot 1, E. G. Rogers
Garden Lots.
Tract 2:
The South 704.97 feet of the West 280 feet of Lot 1, subject to road easement for Gervais Avenue,
and that part of Lot 2, lying easterly and southerly of the following described lines: Commencing at
the Northeast corner of the South 300 feet of said Lot 2; thence North 89 degrees 18 minutes 54
seconds West (assumed bearing) along the North line of said South 300 feet a distance of 18.11
feet to the point of beginning of the lines to be described; thence North 00 degrees 06 minutes 38
seconds West 77.52 feet; thence North 45 degrees 06 minutes 38 seconds West 243.50 feet;
thence North 44 degrees 53 minutes 22 seconds East 117.33 feet; thence North 00 degrees 06
minutes 38 seconds West 36.92 feet; thence North 89 degrees 53 minutes 22 seconds West 5.00
feet; thence North 00 degrees 06 minutes 38 seconds West 61.37 feet; thence South 45 degrees
06 minutes 38 seconds East 80.68 feet; thence North 44 degrees 53 minutes 22 seconds East
75.34 feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89
degrees 18 minutes 54 seconds East along said North line 2.0 feet to a point on the East line of
said Lot 2 and there terminating, all in E. G. Rogers Gardens Lots.
Together with the following described easements:
Easement A (Document No. 2892318)
A drainage and wetland easement over and across those parts of Lot 1, E.G. Roger's Garden
Lots and Lot 5, Block 1, Maple Ridge Mall, City of Maplewood, Ramsey County, Minnesota
described as follows:
Beginning at the Northeast corner of said Lot 1; thence N 90 degrees 24 minutes 04 seconds W
(assumed Bearing, along the North line of said Lot 1 a distance of 145.70 feet; thence S 34 degrees
54 minutes 34 seconds W a distance of 150.11 feet; thence S 36 degrees 46 minutes 38 seconds E
a distance of 234.05 feet; thence N 80 degrees 14 minutes 52 seconds E a distance of 93.78 feet to
a point on the west line of Lot 5; thence N 00 degrees 11 minutes 11 seconds W a distance of
24.89 feet along said west line; thence N 64 degrees 53 minutes 20 seconds E a distance of 100.66
feet; thence N 82 degrees 52 minutes 48 seconds E a distance of 119.72 feet; thence S 64 degrees
03 minutes 45 seconds E a distance of 54.43 feet; thence N 51 degrees 3 minutes 51 seconds E a
distance of 297.35 feet; thence S 26 degrees 02 minutes 11 seconds W a distance of 194.41 feet;
thence S 03 degrees 27 minutes 39 seconds W a distance of 110.21 feet; thence S 16 degrees O5
minutes 06 seconds E a distance of 16.44 feet; thence S 32 degrees 29 minutes 48 seconds E a
distance of 80.99 feet; thence S 11 degrees 18 minutes 02 seconds E a distance of 195.39 feet;
thence S 32 degrees 03 minutes 52 seconds W a distance of 82.09 feet; thence West a distance of
46.98 feet; thence South a distance of 149.82 feet to a point on the southeasterly line of Lot 5;
thence N 47 degrees 11 minutes 35 seconds E a distance of 156.19 feet; thence Northeasterly
along the arc of a curve whose radius is 689.88 feet, concave to the southeast a distance of 274.45
feet; thence N 00 degrees 00 minutes 33 seconds W a distance of 249.24 feet; thence N 27
degrees 45 minutes 51 seconds W a distance of 376.15 feet; thence S 89 degrees 59 minutes 56
seconds W a distance of 573.53 feet to the point of beginning and there terminating.
Easement B (Document Nos. 2738823 and 2787234)
A 30 foot drainage easement, the centerline of which is described as commencing atthe Northeast
corner of the South 989.64 feet of Lot 2, said E. G. Rogers Garden Lots; thence South 00 degrees
06 minutes 38 seconds West (assumed bearing) along the East line of said Lot 2 a distance of 40
feet to the point of beginning of the centerline to be herein described; thence North 53 degrees 13
29
minutes 22 seconds East to the East line of Lot 1, E. G. Rogers Garden Lots; and
Easement C (Document Nos. 2738823 and 2787234)
The West 15.0 feet of the North 262.25 feet of the South 989.64 feet of Lot 1, E. G. Rogers
Garden Lots, and that part of the East 15.00 feet of the South 989.64 feet of Lot 2, E. G.
Rogers Garden Lots which lies North of the following described lines:
Commencing at the Northeast corner of the South 989.64 feet of said Lot 2; thence North 89
degrees 18 minutes 54 seconds West (assumed bearing) along the North line of said South 989.64
feet a distance of 15.00 feet; thence South 00 degrees 06 minutes 38 seconds East along a line
parallel with the East line of said Lot 2 a distance of 275.46 feet to a point of beginning of the lines
to be herein described; thence North 44 degrees 53 minutes 22 seconds East along said line 18.38
feet to a point on the North line of the South 727.39 feet of said Lot 2; thence South 89 degrees 18
minutes 54 seconds East 2.00 feet along said line to the East line of said Lot 2 and there
terminating.
CONSENT OF
THE CITY OF MAPLEWOOD, MINNESOTA
The City of Maplewood, Minnesota ("TIF Provider") acknowledges that it has reviewed the
Assignment of Tax Increment Financing ("Assignment") entered into by and between Carefree
Cottages of Maplewood Limited Partnership II, a Minnesota limited partnership ("Borrower"), and
Glaser Financial Group, Inc., a Minnesota corporation ("Lender') dated April _, 2005 and
consents to the endorsement of the TIF Note (as defined in the Assignment) and to the assignment
of the Tax Increment Financing including the Development Agreement (as defined in the
Assignment) to Lender and to any subsequent assignment to its successors or assigns. Payments
under the TIF Note shall continue to be made to Carefree Cottages of Maplewood Limited
Partnership II, a Minnesota limited partnership, until Lender gives notice to the TIF Provider that
payments under the TIF Note shall be paid to Lender. Upon receipt of such notice, the TIF Note
shall be registered in the name of Lender, or its nominee or successors or assigns, and payments
under the TIF Note shall be made to Lender.
follows:
The TIF Provider further covenants, represents and warrants to and agrees with Lender as
1. That it has received good and valuable consideration forthe TIF Note and the Development
Agreement.
2. That the unpaid balance due on the TIF Note now is $574,987.00 and to TIF Provider's
knowledge, without investigation, no defaults exist under the terms of said TIF Note or the
Development Agreement.
3. The Project, as defined in the Development Agreement has been fully constructed in
accordance with the Development Agreement.
4. To TIF Provider's knowledge, without investigation, the Borrower is in full compliance with
the terms of the Development Agreement and the Development Agreement and the TIF
Note remain in full force and effect.
5. The TIF Provider will not accept any offer of termination, amendment or modification of the
Tax Increment Financing Documents without Lender's prior written approval.
6. To TIF Provider's knowledge, without investigation, there are no defenses, setoffs or
counterclaims against or with regard to the TIF Note or the Development Agreement or the
30
indebtedness evidenced thereby. The TIF Note and the Development Agreementcnnstitute
all of the documents entered into with the Borrower in connection with the Tax Increment
Financing and have not been amended or modified except as described in the Assignment
and are valid and enforceable obligations of the TIF Provider in accordance with theirterms.
7. The TIF Provider hereby agrees that should Lender obtain the appointment of a receiver or
become the owner of the Premises, or otherwise enforce its rights under the Loan
Documents, Lender shall not be obligated to perform the terms and conditions of the Tax
Increment Financing Documents provided, however, that performance of the terms and
conditions thereof shall be a condition to TIF Provider's payment of the TIF to Lender under
the terms and provisions hereof.
8. Notwithstanding the provisions ofSection 4.1(e)(E) ofthe Development Agreement, the TIF
Provider shall continue to make payments on the Tax Increment Financing in accordance
with the TIF Note and the Development Agreement, notwithstanding the existence of a
default or event of default under that certain loan from the TIF Provider to the Borrower in
the original principal amount of $279,000.00 as evidenced by that certain Promissory Note
dated August 17, 1993 in the original principal amount of $279,000.00 executed and
delivered by the Borrower to the TIF Provider, and that Loan Agreement dated August 17,
1993 entered into by and between the Borrower and the TIF Provider.
9. In addition to providing the Borrower notice of default under the Development Agreement,
the TIF Provider agrees to provide Lender, its successors and assigns, with copies of any
notice of default given under the Development Agreement and that Lender, its successors
and assigns, shall have the right but not the obligation to cure any such default on behalf of
the Borrowerwithin the time specified in the DevelopmentAgreement, provided that should
possession of the Mortgaged Property be necessary in order to cure such default, such time
shall include a reasonable amount oftime for Lender to obtain possession of the Mortgaged
Property and to cure such default. Should an Event of Default occur under the
Development Agreement, such that the TIF Provider has the right to cancel, terminate or
rescind the TIF Note and the Development Agreement, the TIF Provider shall upon request
of Lender honor the TIF Note and the Development Agreement as a direct obligation to
Lender, its nominee, successors or assigns, for the remaining unpaid principal balance
thereof provided that Lender has cured the Event of Default under the Development
Agreement, except Events of Default resulting from a bankruptcy filing by the Borrower or
foreclosure of the Security Instrument.
10. Provided all other provisions of the Development Agreement which are conditions to
payment under the TIF Note are satisfied, the Development Agreement and the obligations
of the TIF Provider under the TIF Note shall not be relieved, hindered or restricted in any
manner by reason ofthe foreclosure of the Security Instrument or any event of default under
or other remedies which Lender may pursue under the Note or other Loan Documents.
11. The TIF Provider understands and agrees that this Consent of the City of Maplewood,
Minnesota ("Consent") is executed and delivered in order to induce Lender to make the
Loan (as described in the Assignment) and but forthis Consent Lender would not make the
Loan.
Dated this day of , 2005
THE CITY OF MAPLEWOOD, MINNESOTA, a
municipal corporation
31
By:
Its: Mayor
By:
Its: City Clerk
ASSIGNMENT OF LOAN DOCUMENTS
THIS ASSIGNMENT OF LOAN DOCUMENTS ("Assignment") is made as ofthe_dayof
May, 2005, by and between CITY OF MAPLEWOOD, a Minnesota municipal corporation
("Assignor")and RAMSEY COUNTY HOUSING AND REDEVELOPMENTAUTHORITY, apublic
body corporate and politic under the laws of the State of Minnesota ("Assignee").
WHEREAS, Carefree Cottages of Maplewood Limited Partnership ("Borrower")
received a loan in the amount of Two Hundred Seventy-Nine Thousand and No/100 Dollars
($279,000.00) (the "Loan") from Assignor, the proceeds of which were used by the Borrower for
the acquisition of certain real property upon which affordable rental housing was constructed;
and
WHEREAS, the Loan was issued pursuant to the eligibility requirements of the HOME
Investment Partnership Act, PUB. Law No. 101-625, 42 USCA, Section 12701 et sea., and the
federal regulations adopted pursuant thereto at 24 CRF Part 92; and
WHEREAS, the Loan is evidenced by that certain Loan Agreement, by and between
Borrower and Assignor, executed on August 17, 1993 (the "Loan Agreement'); that certain
Promissory Note in the principal amount of Two Hundred Seventy-Nine Thousand and No/100
Dollars ($279,000.00) dated August 17, 1993 (the "Note"); and that certain Guaranty of payment
and performance executed by Bruce M. Mogren and Gerald C. Mogren on August 17, 1993 (the
"Guaranty") (the Loan Agreement, the Note and the Guaranty collectively, the "Loan
Documents"); and
Loan.
WHEREAS, Assignor desires to assign to Assignee, all of its right, title and interest in the
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged:
1. Incorporation of Recitals. The foregoing recitals are hereby made a part of this
Agreement
2. Assignment of Loan Documents. Assignor hereby assigns to Assignee, its successors
and assigns, all right, title and interest of Assignor in and to the Loan Documents and Assignor
agrees to execute the Allonge Endorsement set forth on Exhibit A.
3. Release. The Assignor hereby releases the Borrower and the Assignee from any right
of Assignor to, and interest in, any payments that Assignee has received from Borrower. Assignor
32
agrees that Borrower's payments to the Assignee on the Loan shall be in full satisfaction of any
obligation to make such payments to Assignor.
4. Successors and Assigns. This Assignment, and each and every covenant, agreement
and provision hereof shall be binding upon the Assignor and shall inure to the benefit of Assignee
and its successors and assigns.
5. Governing Law. This Assignment is intended to be governed by the laws ofthe State of
Minnesota.
6. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Assignor has caused this Assignment of Loan Documents to be
executed as of the date first above written.
CITY OF MAPLEWOOD, a Minnesota municipal corporation
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
By:
Its: Mayor
By:
Its: City Clerk
The foregoing instrument was acknowledged before me this day of , 2005 by
the Mayor of the City of Maplewood, Minnesota, a Minnesota municipal
corporation, on behalf of the municipality.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 2005 by
the City Clerk of the City of Maplewood, Minnesota, a Minnesota
municipal corporation, on behalf of the municipality.
Notary Public
33
RAMSEY COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY, a public body corporate and politic under
the laws of the State of Minnesota
By:
Its:
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 2005 by
the of the Ramsey County Housing and Redevelopment
Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of
the public body.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of , 2005 by
the of the Ramsey County Housing and Redevelopment
Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of
the public body.
EXHIBIT "A"
TO
ASSIGNMENT OF LOAN DOCUMENTS
ALLONGEENDORSEMENTTO
PROMISSORY NOTE
FOR VALUE RECEIVED, CITY OF MAPLEWOOD, a Minnesota municipal corporation endorses,
assigns and transfers with recourse to RAMSEY COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY, a public bodycorporate and politic underthe laws ofthe State of Minnesota, all right, title and
interest in and to the following described Note:
34
United States of America, State of Minnesota, County of Ramsey, City of St. Paul Promissory Note
dated August 17, 1993, in the original principal amount of Two Hundred Seventy-Nine Thousand
and No/100 Dollars ($279,000.00) executed by Carefree Cottages of Maplewood Limited
Partnership, a Minnesota limited partnership, as maker to the City of Maplewood, a Minnesota
municipal corporation, as holder.
Dated as of the _ day of May, 2005.
THIS ALLONGE IS TO BE AFFIXED
TO THE NOTE DESCRIBED ABOVE
CITY OF MAPLEWOOD, a Minnesota municipal corporation
By:
Its: Mayor
By:
Its:
City Clerk
Food Fee Waiver -Maplewood Athletic Association
Waived the fee for the Maplewood Athletic Association for their annual baseball pre-
seasonjamboree.
Food Fee Waiver -Boy Scout Troop 64
Approved the miscellaneous permit to sell food at Cross Lutheran Church and to
waive the $48.00 permit fee.
10. Food Fee Waiver -Boy Scout Troop 187
Approved the miscellaneous permit to sell food at Arlington Hills United Methodist
Church and to waive the $47.00 permit fee.
H. PUBLIC HEARINGS
1. 7:32 Dahl Avenue Improvements (Woodhill Development)
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
None
d. Mayor Cardinal closed the public hearing.
City Counci105-09-OS
35
Councilmember Rossbach moved to adopt the following resolution ordering the Dahl Avenue
Street and Utility Improvements for the Woodhill Development, City Proiect 05-10:
RESOLUTION 05-05-070
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 25th day of April, 2005, fixed a date for
a council hearing on the proposed street improvements for the Dahl Avenue Street and Utility
Improvements for the Woodhill Development, City Project 05-10,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on May 9, 2005, and the council has heard all persons desiring to
be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA. as follows:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make improvements to the Dahl Avenue Street and Utility Improvements for the
Woodhill Development, City Project 05-10,
2. Such improvement is hereby ordered as proposed in the council resolution adopted the
9th day of May 2005.
3. The city engineer is designated engineer for this improvement and is hereby directed to
prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $599,700.00 shall be established.
The proposed financing plan is as follows:
Assessments
PAC funds
Environmental Utility Fund
Total:
Seconded by Councilmember
$ 570,000 (95 °~)
21,300 (4 °~)
8,300 (1°~)
$ 599,700 (100°~)
Koppen Ayes-All
7:39 p.m. Stop Sign Requests
City Manager Fursman presented the report.
City Engineer Ahl presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Patti Krause, 2517 Forest Street, Maplewood
Kirk Davis, 950 Demont Avenue East, Maplewood
Kay Moss, 2540 Forest Street, Maplewood
Mark Larson, 894 Connor Court, Maplewood
Bill Binker, 904 Connor Street, Maplewood
City Council 05-09-OS 36
Patti Krause, second appearance
Kay Moss, second appearance
Mark Larson, second appearance
David Olson, 2431 Holloway Avenue, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Rossbach moved denial to make the intersection of Forest Street at Connor
Avenue a four wav stop. This request may be brought back to council during reconstruction of
that street.
Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Koppen,
Monahan-Junek and Rossbach
Nays-Mayor Cardinal
Councilmember Koppen moved to approve the installation of an all-wav stop at the intersection
of Hollowav and First Street as a mean to reduce speed and increase safety along Hollowav
Avenue.
Seconded by Councilmember Rossbach Ayes-All
AWARD OF BIDS
Sterling Oak Parks Development
City Manager Fursman presented the report.
Parks and Recreation Director Anderson presented specifics from the report.
J.
Councilmember Koppen moved to award the Sterling Oaks bid to the low bid of Hoffman &
McNamara Company in the amount of $223.746 with the monies to be allocated from the park
development fund.
Seconded by Councilmember Monahan-Junek Ayes-All
UNFINISHED BUSINESS
1. Gladstone North Area Street Improvements-City Project 04-15
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
1. Richard and Marcile Esbolt, 1970-1974 Dieter Street, request revised assessment due to
multi-family rate applied. (Unattended)
Councilmember Rossbach moved to grant revision to assessment.
Seconded by Councilmember Koppen
Ayes-All
Sayed and Kathryn EI-Kandelgy, 1476 Eldridge Avenue, request revised assessment
due to multi family rate applied. (In attendance)
Councilmember Koppen moved to grant a revision to the assessment.
Seconded by Councilmember Juenemann Ayes-All
City Council 05-09-OS
37
Gladys Olson, 1999 Clarence Street, requested senior deferment. (Unattended)
Councilmember Rossbach moved to approve no revision needed. Assessment has been paid
in full.
Seconded by Councilmember Koppen
Ayes-All
Judy Widholm, 1424 Burke Avenue, requests revised assessment due to only one side
of frontage being improved at her corner lot. (Unattended)
Councilmember Juenemann moved to grant a revision to the assessment.
Seconded by Councilmember Koppen
Ayes-All
Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue,
requested revised assessment due to financial hardship. (In attendance)
Councilmember Juenemann moved to grant a revision to the assessment.
Seconded by Councilmember Rossbach
Ayes-Mayor Cardinal, Councilmembers
Juenemann, Koppen and Rossbach
Nays-Councilmember Monahan-Junek
William Priebe, 1366 Eldridge Avenue (152922220052), requests revised assessment
due to no street frontage and shared driveway. (Unattended)
Councilmember Juenemann moved to deny a revision to the assessment.
Seconded by Councilmember Koppen Ayes-All
Ellen Cournoyer, 1384 Eldridge Avenue, requests revised assessment due to no street
frontage and shared driveway. (Unattended)
Councilmember Juenemann moved to deny a revision to the assessment.
Seconded by Councilmember Koppen Ayes-All
Robert King, 1460 Belmont Lane (152922210070), requests revised assessment due to
high cost. (Unattended)
Councilmember Monahan-Junek moved to deny a revision to the assessment.
Seconded by Councilmember Koppen Ayes-All
RESOLUTION 05-05-71
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005, the
assessment roll for the Gladstone North Area Street Improvements, City Project 04-15, was presented
in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, eight property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Richard and Marcile Esbolt, 1970-1974 Dieter Street, request revised assessment due to multi-
family rate applied.
City Council 05-09-OS 38
2. Sayed and Kathryn EI-Kandelgy, 1476 Eldridge Avenue, request revised assessment due to
multi family rate applied.
3. Gladys Olson, 1999 Clarence Street, requested senior deferment.
4. Judy Widholm, 1424 Burke Avenue, requests revised assessment due to only one side of
frontage being improved at her corner lot.
5. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue,
requests revised assessment due to financial hardship.
6. William Priebe, 1366 Eldridge Avenue (152922220052), requests revised assessment due to
no street frontage and shared driveway.
7. Ellen Cournoyer, 1384 Eldridge Avenue, requests revised assessment due to no street
frontage and shared driveway.
8. Robert King, 1460 Belmont Lane (152922210070), requests revised assessment due to high
cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
adjustments to the assessment roll for the Gladstone North Area Street Improvement, Project 04-15:
1. Richard and Marcile Esbolt, 1970-1974 Dieter Street (PIN 152922240085): Grant revision to
assessment. The assessment shall be revised from $11,826.00 to $8,760.00 for 2 residential
units.
2. Sayed and Kathryn EI-Kandelgy, 1476 Eldridge (PIN 152922210052): Grant revision to
assessment. The assessment shall be revised from $9,636.00 to $8,760.00 for 2 residential
units.
3. Gladys Olson, 1999 Clarence Street (152922230083): No revision is needed at this time. Ms.
Olson indicated to the city that she no longer requests a senior citizen deferment. Ms. Olson
has paid her assessment in full.
4. Judy Widholm, 1424 Burke Avenue (152922210025): Grant revision to assessment. The
assessment shall be revised from $4,380 to $2,190.00 for 1/2 residential unit.
5. Mohamed Elakkad, Director of the Islamic Institute of Minnesota, 1460 Skillman Avenue
(152922240001): Grant revision to assessment. The assessment shall be revised from
$40,646.00 to $21,900.00 for 5 residential units.
6. William Priebe, 1366 Eldridge Avenue (152922220052): Deny revision to assessment as benefit
is received. It should be noted that Mr. Priebe is an employee of the City of Maplewood in the
engineering department.
7. Ellen Cournoyer, 1384 Eldridge Avenue, (152922220051): Deny revision to assessment as
benefit is received.
8. Robert King, 1460 Belmont Lane, (152922210070): Deny revision to assessment as benefit is
received.
A. The assessment roll for the Gladstone North Area Street Improvements, as amended, is
City Council 05-09-OS 39
hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
B. Such assessments shall be payable in equal annual installments extending over a period of
15 years, the first installments to be payable on or before the first Monday in January 2006 and shall
bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date of
this resolution until December 31, 2005. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
C. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2005, pay the whole of the assessment
on such property, with interest accrued to the date of the payment, to the city clerk, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2005, pay to the county auditor the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before November 15 or interest will be charged
through December 31 of the next succeeding year.
D. The city engineer and city clerk shall forthwith after October 1, 2005, but no later than
November 15`h, 2005, transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over
the same manner as other municipal taxes.
2. Springside Drive Extension
City Manager Fursman presented the staff report.
City Engineer Ahl presented specifics from the report.
Councilmember Monahan-Junek moved to adopt the following resolution approving adjustments
to the assessment roll:
RESOLUTION 05-05-072
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 25, 2005, the
assessment roll for the Springside Drive Street Extension, City Project 03-36, was presented in a Public
Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessment according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Brad and Dawn Fedorowski, 2437 Springside Drive, object to assessment as no benefit is
perceived to be received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
adjustments to the assessment roll for the Springside Drive Street Extension, Project 03-
36
City Council 05-09-OS 40
1. Brad and Dawn Fedorowski, 2439 Springside Drive (PIN 122822340072): Deny
cancellation of assessment as benefit is received to the property.
B. The assessment roll for the Springside Drive Street Extension, City Project 03-36,
as amended, is hereby accepted, a copy of which is attached hereto and made a
part hereof. Said assessment roll shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found to
be benefited by the proposed improvement in the amount of the assessment levied
against it.
C. Such assessments shall be payable in equal annual installments extending over a
period of 15 years, the first installments to be payable on or before the first Monday
in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the
date of the adoption of this assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of this resolution until
December 31, 2005. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2005, pay the whole
of the assessment on such property, with interest accrued to the date of the
payment, to the city clerk, except that no interest shall be charged if the entire
assessment is paid within 30 days from the adoption of this resolution; and they
may, at any time after October 1, 2005, pay to the county auditor the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next
succeeding year.
The city engineer and city clerk shall forthwith after October 1, 2005, but no later
than November 15`h, 2005, transmit a certified duplicate of this assessment to the
county auditor to be extended on the property tax lists of the county. Such
assessments shall be collected and paid over the same manner as other municipal
taxes.
Seconded by Councilmember Koppen Ayes-All
3. Dispatch Consolidation
a. City Manager Fursman presented the staff report.
b. David Twa, Ramsey County Manager, presented specifics from the report.
c. Paul Kirkwald, Project Director for Ramsey County.
Mayor Cardinal moved to proceed in the Dispatch Consolidation with Ramsey County and to
authorize the purchase of the equipment needed.
Seconded by Councilmember Koppen
Mayor Cardinal withdrew the motion.
K. NEW BUSINESS
CUP Revision-Home Depot
City Manager Fursman presented the staff report.
City Council 05-09-OS 41
Planner Finwall presented specifics from the report.
c. Commissioner Trippler presented the Planning Commission Report.
Gregg Barker, representing Home Depot, presented further specifics and answered
council questions.
Councilmember Monahan-Junek moved to adopt the following resolution approving revisions for
the conditional use permit for the property at 2360 White Bear Avenue (Home Depot):
CONDITIONAL USE PERMIT REVISION RESOLUTION 05-05-073
WHEREAS, Gregg Barker, representing Home Depot, applied to the city for a conditional use permit
revision for the existing Home Depot store at 2360 White Bear Avenue.
is:
WHEREAS, this permit applies to property located at 2360 White Bear Avenue. The legal description
Lot 2, Block 1, Maplewood Retail Addition (PIN 11-29-22-31-0056)
WHEREAS, the history of this conditional use permit is as follows:
On April 18, 2005, the planning commission held a public hearing and recommended that the city
council approve this permit. The city staff published a notice in the paper and sent notices to the
surrounding property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements. The planning commission also considered reports and
recommendations of the city staff. The planning commission recommended that the city council
approve the permit.
2. On May 9, 2005, the city council reviewed this proposal. The council also considered reports and
recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permit based on the building and site plans. The city approved this permit because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
City Council 05-09-OS 42
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions (deletions are crossed out and additions are underlined):
1. All construction, uses and outside storage areas shall follow the site plan dated April 7,
2005, in the staff report as may be approved by the city council. This includes the location
and size of the approved outside storage areas. The city will allow the outside sales and
storage of trailers and landscaping materials with this revision. City staff shall approve the
final layout for all outdoor sales and storage areas. Home Depot shall submit to the city,
for review and approval by the Community Design Review Board (CDRB), the proposed
design and materials of the screening fences for around the two seasonal storage areas.
The director of community development may approve minor changes to these plans.
2. The store shall use the outside storage and display within 239 days of the Council's
approval or the permit shall end. The city council may extend this deadline for one year.
3. The city council shall review this permit revision in one year.
4. This permit allows a waiver of the parking code to allow 122 fewer parking spaces than
the code allows since there is adequate parking available for the existing and proposed
uses. The city may require Home Depot to add more parking spaces or to reduce the
amount of area used for outdoor sales and storage if the city determines that a parking
shortage has developed.
5. The property owner or store manager shall keep the site clean of all debris and garbage.
This cleaning shall be done on a regular basis.
6. The property owner or store manager shall work with the city engineering department on a
plan for the protection of the city sidewalk and for the entrance driveway near White Bear
Avenue. This plan may include the installation of bollards or other measures to prevent
trucks and other large vehicles from damaging the curbing, the pedestrian ramp and the
public sidewalk.
Seconded by Councilmember Rossbach Ayes-All
Councilmember Juenemann moved to instruct staff to notify other businesses in the complex to
clean up the area or be charged to the fullest extent permitted by city ordinances.
Seconded by Mayor Cardinal Ayes- All
Councilmember Juenemann moved to extend the meeting until all items on the agenda are
completed.
Seconded by Councilmember Koppen Ayes- All
3M Building #278
City Manager Fursman presented the staff report.
Planner Finwall presented specifics from the report.
City Council 05-09-OS 43
c. Commissioner Trippler presented the Planning Commission report.
Dean Hedlund, Project Manager for 3M was present for council questions.
Brandon Bourdon, Kimley-Horn Engineers provided further specifics from the project.
Councilmember Monahan-Junek moved to adopt the following resolution approving a
conditional use permit for 3M to build their new leadership development institute/customer
center building closer than 350 feet to a residential zoning district within a light manufacturing
zoning district. The building will be constructed within 325 feet of a residential zoning district on
vacant 3M Campus property (2350 Minnehaha Avenue):
CONDITIONAL USE PERMIT RESOLUTION OS-OS-074
WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M), applied for
a conditional use permit to construct a building closer than 350 feet to a residential zoning district.
WHEREAS, this permit applies to 2350 Minnehaha Avenue. The legal description is Tract B,
Registered Land Survey No. 524, Ramsey County Minnesota; and the Northeast Quarter of the
Northwest Quarter of Section 36, Township 29, Range 22, Ramsey County Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
On April 18, 2005, the planning commission held a public hearing and recommended approval
of this permit. City staff published a notice in the paper and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to speak
and present written statements.
On May 9, 2005, the city council approved this permit. The city council also considered reports
and recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional
use permit, because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water runoff, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
The use would not create excessive additional costs for public facilities or services.
The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
City Council 05-09-OS 44
The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
The city engineer shall approve final construction and engineering plans prior to issuance of a
grading permit. These plans shall comply with all requirements as specified in the city
engineering report dated April 12, 2005, which requires, among other items, a traffic study to
analyze trip generation for future and proposed development and the installation of two right-
turn lanes. Consideration should be given to install a sidewalk or a trail along Minnehaha
Avenue for the safety of pedestrians.
2. All construction shall follow the plans date-stamped March 18, 2005, with the revisions as
required and approved by the city. The director of community development may approve minor
changes.
3. The proposed development must be started within one year after city council approval or the
permit shall end. The city council may extend this deadline for one year.
4. The proposed development must meet the requirements of the city building official, the city fire
marshal and the Ramsey/Washington Metro Watershed District.
5. No deliveries are allowed during the hours of 10 p.m. to 6 a.m.
The city council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to adopt the following resolution approving the vacation of
two unused street right-of-ways located within the 3M Campus property (Meyer Avenue
(north/south street right-of-wayl and Margaret Street feast/west street right-of-wayll:
STREET VACATION RESOLUTION 05-05-075
WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for
the vacation of an unused street right-of-way in order to develop a leadership development institute and
customer center building;
WHEREAS, the legal description of the street right-of-way to be vacated is as follows: Those
parts of Meyer Street (formerly known as Meyer Avenue) and Margaret Avenue (formerly known as
Margaret Street) lying within the North 900.00 feet of the West 1400.00 feet of the Northwest Quarter of
Section 36, Township 29, Range 22, Ramsey County, Minnesota, as dedicated by the plat of Ascension
Cemetery, said Ramsey County Minnesota, and lying southerly of the north 33.00 feet of said
Northwest Quarter and easterly of the west 76.50 feet of said Northwest Quarter.
WHEREAS, the history of this vacation is as follows:
On April 18, 2005, the planning commission held a public hearing and recommended that the
city council approve the public vacation. The city staff published a notice in the Maplewood
Review and sent a notice to the abutting property owners. The planning commission gave
everyone at the hearing a chance to speak and present written statements.
On May 9, 2005, the city council approved the public vacation. The city council considered
reports and recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to
Minnesota Mining and Manufacturing (3M) for the above-mentioned property.
City Council 05-09-OS 45
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
It is in the public interest.
The street right-of-way is unused.
The street right-of-way is not needed for the proposed leadership development institute and
customer center building development.
Seconded by Councilmember Koppen Ayes-All
Councilmember Monahan-Junek moved to adopt the following resolution approving the vacation
of a portion of the existing utility easement located within the 3M Campus property:
UTILITY EASEMENT VACATION RESOLUTION 05-05-076
WHEREAS, Dean Hedlund representing Minnesota Mining and Manufacturing (3M) applied for
the vacation of a portion of a sewer easement in order to develop a leadership development institute
and customer center building;
WHEREAS, the legal description of the utility easement to be vacated is as follows:
Commencing on the east property line of the Ascension Cemetery at a point 321.0 feet south of
the centerline of Minnehaha Avenue, which centerline is also the north section line of Section
36, Township 29 North, Range 22 West; thence westerly on an azimuth of 270 degrees, a
distance of 332.0 feet; thence bearing southwesterly 226 degrees 38 feet, a distance of 154.88
feet; thence bearing southwesterly 246 degrees 49 feet, a distance of 19 3.96 feet; thence
bearing southwesterly 260 degrees 55 feet, a distance of 132.8 feet; thence bearing
southwesterly 269 degrees 35 feet, a distance of 371.60 feet; thence bearing southwesterly 238
degrees 14 feet, a distance of 121.85 feet; thence bearing southwesterly 269 degrees 34 feet, a
distance of approxi8mately 174.18 feet to the west property line of the Ascension Cemetery and
there terminating, all in the Northwest Quarter of Section 36, Township 29 North, Range 22
West, Ramsey County, according to the U.S. Government Survey thereof on file and of record
in the office of the Register of Deeds in and for said county.
WHEREAS, the history of this vacation is as follows:
On April 18, 2005, the planning commission held a public hearing and recommended that the
city council approve the public vacation. The city staff published a notice in the Maplewood
Review and sent a notice to the abutting property owners. The planning commission gave
everyone at the hearing a chance to speak and present written statements.
On May 9, 2005, the city council approved the public vacation. The city council considered
reports and recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to
Minnesota Mining and Manufacturing (3M) for the above-mentioned property.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
It is in the public interest.
The utility easement is unused.
The utility easement is not needed for the proposed leadership development institute and
customer center building development.
Approval is subject to the following condition:
City Council 05-09-OS 46
The applicant must dedicate a new utility easement to the City of Maplewood. The new
easement must be 20 feet in width and describe the existing sanitary sewer alignment. The
easement must be recorded with the county prior to issuance of a building permit.
Seconded by Councilmember Koppen Ayes-All
Councilmember Koppen moved to approve a parking reduction authorization for the proposed
3M Leadership Development Institute/Customer Center building located on vacant 3M Campus
property (2350 Minnehaha Avenue). This reduction will allow the property owner to have 286
parking spaces (147 fewer than the city code requires) for the following reasons:
The parking requirements for office buildings such as this are generally excessive.
Fewer parking spaces would preserve green space and lessen storm runoff.
c. The applicant has reserved space to add 147 parking spaces should the need arise.
Seconded by Councilmember Monahan-Junek Ayes-All
Councilmember Koppen moved to approve the plans date-stamped March 18, 2005, for the 3M
Leadership Development Institute/Customer Center building located on vacant 3M Campus
property (2350 Minnehaha Avenue). Approval is subject to the following conditions:
Repeat this review in two years if the city has not issued a building permit for this project.
Prior to issuance of a grading or building permit, the applicant must submit to staff for
approval the following items:
1) Revised engineering and grading plans. These plans shall comply with all
requirements as specified in the city engineering report dated April 12, 2005,
which requires, among other items, a traffic study to analyze trip generation for
future and proposed development and the potential installation of right-turn lanes.
The traffic analysis shall determine the need for turn lanes and/or the need for a
one way in or one way out. In addition, the applicant shall include an 8-foot-wide
bituminous trail along Minnehaha Avenue, extending from the western property
line to the eastern edge of the development as determined by the engineering
department. The grading plan must also reflect measures taken to ensure the
protection of all large trees on the site where possible.
2) Revised landscape plan. The plan should include additional plantings (to include
evergreen trees at least 6 feet in height, deciduous trees at least 2 Y caliper
inches in size, and shrubs) on top of the berm in front of the parking lot to ensure
the parking lot is screened from view of the residential properties across the
street. The plan should also include a row of evergreen trees to be planted along
the west side of the loading dock driveway to ensure the dock is screened from
view of the residential properties across the street. The plan should also specify
the wildflower mix to meet MnDOT standards and ensure no thistle within the
mix.
c. Obtain a permit from Ramsey County for construction on county right-of-way for the
driveway access, utility work, and sidewalk.
Watershed district approval.
To ensure the building does not straddle a property line, the applicant must submit
documentation that 3M has initiated the process with the Ramsey County Property Tax
City Council 05-09-OS 47
office to combine the two lots for tax and identification purposes.
A cash escrow or an irrevocable letter of credit for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
Review the lighting plan with city staff for the light standards, height, and luminary
fixtures to ensure the plan meets the city's lighting requirements and does not pose a
nuisance to the surrounding residential properties.
The applicant shall complete the following before occupying the building:
1) Replace any property irons removed because of this construction.
2) Provide continuous concrete curb and gutter around the parking lot and
driveways.
3) Install all required landscaping and an in-ground lawn irrigation system for all
landscaped areas except the rainwater gardens and native planting areas.
4) Install all required outdoor lighting.
5) Install the required sidewalk or trail along Minnehaha Avenue.
If any required work is not done, the city may allow temporary occupancy if:
1) The city determines that the work is not essential to the public health, safety or
welfare.
2) The above-required letter of credit or cash escrow is held by the City of
Maplewood for all required exterior improvements. The owner or contractor shall
complete any unfinished exterior improvements by June 1 if occupancy of the
building is in the fall or winter, or within six weeks of occupancy of the building if
occupancy is in the spring or summer.
j. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Monahan-Junek Ayes-All
County Road D Realignment East
City Manager Fursman presented the staff report.
City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to approve the following Relocation Agreement with BP
Pipelines and authorized the Mayor and Manager to enter said agreement, including
authorization of and escrow payment in the amount to $251,000 to cover BP Pipeline's
relocation costs:
STANDARD RELOCATION AGREEMENT
Lower pipeline in place to
Accommodate construction of
County Road D Re-Alignment
Maplewood, MN
City Council 05-09-OS 48
Whiting to Moorhead Pipeline
BP Series 4000 LL#'s 1581, 1582 & 1583
LOCATION: Maplewood, MN
THIS AGREEMENT, made and entered into this day of , 2005, by and
between BP Pipelines (North America) Inc., a Maine corporation, whose address is 28100 Torch Parkway,
Suite 600, Warrenville, IL 60555 as contract operator of the BP Products (North America) Inc. Pipeline
System (hereinafter referred to as "BP") and the City of Maplewood, whose address is 1830 Co. Rd. B East,
Maplewood, MN 55109, (hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, CITY desires BP to lower its existing pipeline to accommodate CITY's County Road D
Re-Alignment located in the North Half (N/2) of Section 3, Township 29, Range 22, Ramsey County, MN.
WHEREAS, said construction activities will require certain adjustments, and relocation of the existing
facilities of BP, and,
WHEREAS, it is to the best interests of BP and CITY for BP to make the necessary adjustments,
removals, and/or relocation's of its existing facilities with BP's regular construction and maintenance forces,
or by a contractor paid under a contract let by BP, and,
WHEREAS, BP required assurances that it shall be reimbursed by CITY for all expense, loss, or
damage either caused or made necessary by the Project, whether it is incurred directly by BP or others on
behalf of BP at the request of BP.
NOW THEREFORE. FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN
RECITED, BP AND CITY DO HEREIN AGREE AS FOLLOWS:
Section I
BP with its regular construction or maintenance crew and personnel at its standard schedule of wages
and working hours, or by a contractor or subcontractor, will make the necessary adjustment, removals,
alterations, and/or relocation's in its existing facilities as described in the attached Preliminary cost Estimate
marked Exhibit "A". The preliminary estimated cost thereof is $251,000.00 as indicated within the Exhibit "A"
attached hereto and made a part hereof.
BP agrees to diligently work to complete the necessary adjustments, removals and/or relocation of its
pipeline subject to Section IV of this Agreement and subject to the events of force majeure. Events of force
majeure shall include any event or occurrence beyond the control of BP, acts of God, equipment breakdown,
weather conditions, default by third party contractor, governmental, order actions and restrictions, strikes or
work stoppages or other disputes with workmen or unions, military operations, National emergencies, civil
unrest or sabotage.
Section II
a.) CITY will reimburse BP for actual costs of the work upon presentation of itemized bills to CITY
from BP; said itemization being shown and said cost being computed by and in accordance with normal
methods and procedures. BP shall be responsible for payment of all applicable state and federal taxes,
including sales taxes. CITY shall reimburse state and federal taxes paid by BP in conjunction with the work,
excluding taxes on income. BP accounts and the accounts and records of any contractor orsub-contractor
involved in carrying out the proposed work shall be kept in such manner that they may be readily audited
and actual costs determined, and such accounts shall be available for audit by the independent auditors of
CITY for a period of one year from the date final payment has been received by BP.
b.) Should the accumulated costs of the work materially exceed preliminary estimated cost, due to
conditions not known or anticipated at the time of estimate preparation, and substantial change in the scope
of work, method of installation, change in location, or other changes of similar nature has taken place, BP
City Council 05-09-OS 49
shall notify CITY of such fact and the reasons therefore as promptly as possible.
c.) BP will submit a final billing to CITY upon completion of the project. It is agreed that, BP shall
be reimbursed for any items of project work or project expense within thirty (30) days after receipt of same
by CITY.
Section III
BP shall modify its facilities in accordance with the said plans, specifications and estimates as
described in Exhibit "A", and a certification to this effect shall be included in its bills for reimbursement for
work performed.
Section IV
BP shall not start the work on the modifications covered by this agreement until;
a.) CITY has signed and returned this Agreement along with a certified cashiers check in the
amount of $251,000.00 as payment of the estimated cost for completing the work herein
contemplated, and
b.) Written notice has been given by CITY that the work has been authorized nor until a satisfactory
starting date has been mutually agreed upon by both CITY and BP.
Section V
CITY shall reimburse BP for any item of work or expense involved if performed at the direction of
CITY.
Section VI
BP, its contractor and sub-contractors, if any, shall not discriminate against any employee or applicant
for employment, to be employed in the performance of this contract, with respect to his hire, tenure, terms,
conditions or privileges of employment, or any matter directly or indirectly related to employment, because of
race, color, religion, sex, handicap, national origin or ancestry.
Section VII
BP for itself, its employees, agents, contractors, sub-contractors and representatives, shall indemnify,
protect and save harmless CITY from and against any and all legal liabilities and other expenses, claims,
costs, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction
of property (hereafter "Claim"), arising out of intentional tortuous acts of or arising out of the contributing or
sole negligence of BP, its employees or agents or contractors, in relation to or in connection with any work
performed or to be performed pursuant to this agreement, provided, however, that where CITY is guilty of
negligence with respect to the occurrence or occurrences giving rise to the Claim, BP shall have no duty to
indemnify, protect, or save harmless CITY.
IN WITNESS HEREOF, the parties hereto separately and severally have caused this AGREEMENT to
be executed in their respective names by and through their duly authorized officers, as of the day and year
first above written.
ATTEST:
ATTEST:
BP PIPELINES (NORTH AMERICA) INC., as
CONTRACT OPERATOR OF THE BP PRODUCTS
(NORTH AMERICA) INC. PIPELINE SYSTEM
CITY OF MAPLEWOOD AS CITY,
Bob Cardinal, Mayor
City Counci105-09-OS
50
ATTEST:
CITY OF MAPLEWOOD AS CITY,
Richard Fursman, City Manager
EXHIBIT A
ESITIMATE FOR COUNTY RD D RE-ALIGNMENT
28-Aug-04
Mechanical contract $155,000
10"pipe $25,000
Pipe bends $10,000
X-ray $5,000
Transport trucks -drain-up $7,000
Inspection $6,000
Pipe Disposal 8 000
Sub-Total $216,000
Overhead & Supervision @ 16.0°~ 35 000
TOTAL $251,000
L.
Seconded by Councilmember Monahan-Junek Ayes-All
VISITOR PRESENTATIONS
Florence Carlson, 2383 East Minnehaha Avenue, Maplewood, was disappointed
residents were not asked to speak regarding agenda Item K2, 3M Building #278.
Jerry Markie, Maplewood, commended Councilmember Rossbach and Assistant City
Manager Coleman for presenting an overview on the Gladstone Redevelopment project
at the 622 School Board meeting. Mr. Markie also expressed attendance concerns with
Councilmember Monahan-Junek.
M.
COUNCIL PRESENTATIONS
1. Lawn Care Management Seminar-Councilmember Juenemann announced the
upcoming seminar on Tuesday, May 10th, 6:00 p.m. to 9:00 p.m. at the Maplewood
Community Center and is free and open to the public. This event is sponsored by the
Environmental Committee.
2. National Police Week-Councilmember Juenemann reminded citizens May 15`h-21~` is
National Police Week. She encouraged everyone to take this opportunity to thank our
officers for the job they do and risks they take every day on our behalf.
3. Wateriest-Councilmember Juenemann informed residents Wateriest will be held May
21~` 10:00 a.m. to 3:00 p.m. at Lake Phalen.
4. Cable Commission-Councilmember Koppen gave a report regarding the cable
commission.
City Council 05-09-OS
51
Homeland Security-Councilmember Koppen would like to see Emergency Management
a topic at a future meeting.
Ice Arena Update-Councilmember Monahan-Junek updated the council on the recent
upgrades made to the arena.
N. ADMINISTRATIVE PRESENTATIONS
Dispatch Newsletter Item-City Manager Fursman reminded the public the Dispatch issue
is "ongoing" and far from a "done deal".
Funeral Procession for St .Paul Sergeant Vick-Police Chief Thomalla informed council
White Bear Avenue from Maryland to County Road C will be closed from approximately
1:00 p.m. to 2:00 p.m. on Wednesday, May 11`h
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 12:04 a.m.
Seconded by Councilmember Monahan-Junek Ayes-All
City Council 05-09-OS 52