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HomeMy WebLinkAboutEDA October 16, 2007 o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING October 16, 2007 6:00 p.m. Conference Rooms A & B AGENDA 1. Call to Order - 6:00 p.m. 2. Approval of Minutes (1O/2/07Regular Mtg.) 3. Discuss Letter of Intent (Murli Nagwani) 4. Discuss Cancellation/Extension of Purchase Agreement (MVP Baseball) 5. Update on Economic Development Activities 6. Other Business 7. Adjourn o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Economic Development Authority CC: Jim Dickinson, Executive Director FROM: Vicki Volk, City Clerk SUBJECT: Approval of Minutes DATE: October 16, 2007 INTRODUCTION The following minutes were provided by staff for approval by the EDA: October 2, 2007 Regular Meeting (Knight absent) . DISCUSSION. Attached are copies ofthe minutes for your review. ACTION REQUIRED The EDA is requested to approve the above minutes. Respectfully submitted, tLL. {)d,t Vicki Volk City Clerk 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING Odober~2007-MINUTES A Meeting ofthe Andover Economic Development Authority was called to order by President Mike Gamache, October 2,2007,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Ken Orttel, Julie Trude and Voting resident members Joyce Twistol and Robert Nowak Commissioner Mike Knight Executive Director, Jim Dickinson Community Development Director, Will Neumeister City Engineer, Dave Berkowitz Others Absent: Also present: APPROVAL OF MINUTES September 4, 2007: Correct as written. MOTION by Jacobson, Seconded by Trude, approval of the Minutes as written. Motion carried unanimously. REVIEW SIGN REQUEST FROM WALGREENS (SCROLLING MESSAGE) Mr. Neumeister introduced Nick Christoff and Richard Yetter representing Walgreens. Mr. Christoff gave a power point presentation regarding the scrolling sign they would like to add to the bottom of the existing sign located at the southeast corner of Quinn Street and Bunker Lake Boulevard. MOTION by Jacobson, Seconded by Orttel, approval to allow a scrolling message sign with the criteria brought to the EDA. Motion carried unanimously. REVIEW ARCHITECTURAL DESIGN AT ANDOVER STATION (MINNCO CREDIT UNION) Mr. Neumeister introduced Michael Kraft, the architect representing Minnco Credit Union. They would like to build on the vacant parcel ofland located east of the new Northgate Liquor store. Mr. Kraft gave a presentation on the architectural/site design of the proposed Minnco Credit Union. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 Andover Economic Development Authority Meeting Minutes - October 2, 2007 Page 2 Discussion regarding the stone and brick ofthe building and how it will fit in the current area. MOTION by Jacobson, Seconded by Trude, approval of color scheme as presented. Motion carried unanimously. DISCUSS LETTER OF INTENT (LOUIS RUDNICKI) Mr. Neumeister introduced Louis Rudnicki, the owner of North Pointe Plaza. Mr. Rudnicki is interested in purchasing the lot south of his existing retail center. Mr. Rudnicki explained his plans on the expansion of his existing retail center. The price Mr. Rudnicki is offering is approximately $5.00 per square foot. President Gamache stated he would like to see the land go for at least $7.00-$8.00 per square foot. EDA would like staff to continue to work with Mr. Rudnicki on the price of the land. DISCUSS BUNKER LAKE BOULEVARD MEDIAN ALTERNATIVES Mr. Neumeister stated the cost for colored, stamped concrete in the median would be between $200,000 and $250,000. Using sod or a native grass would cost around $30,000. The issue with using grass would be the maintenance. President Gamache stated by February the EDA should decide what type of grass to be used so the project is ready to go in the spring. MOTION by Trude, Seconded by Twistol, authorizing staff to spend up to the amount stated by Mickman Brothers to prepare the median for spring. Motion carried unanimously. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 7:02 p.m. Respectfully submitted, Michelle Hartner, Recording Secretary o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Board CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Director of Communi elopmenttd- SUBJECT: Review Letter of Intent (MurIi Nagwani) DATE: October 16, 2007 INTRODUCTION The EDA is asked to review the "Letter of Intent" for purchase and development of a day care/Montessori school site in Andover Station North. DISCUSSION The subject site is located at the Southwest comer of Jay Street and 139th Lane NW (see location map). The "Letter of Intent" indicates that they would like to purchase the site and develop a 7,500 square foot day care/Montessori school with potential expansion of an additional 4-5,000 square feet in the future. The buyer will be at the meeting to explain the proposal in further detail. If the EDA would like to discuss the offering price, the EDA may move to close the regular meeting and reconvene to an executive session to discuss the proposal and how it relates to the price that they feel is acceptable. ACTION REOUESTED Please review the "Letter of Intent" and determine whether this proposal is acceptable. If the EDA would like to discuss the dollar amounts of the offer, it is advisable to close the regular session and reconvene to an executive session to discuss the offering price. Respectfully submitted, / Will Neumeister U/ol-- Attachments: Letter of Intent Location Map o o o October 16,2007 To: Mr. Will Neumeister City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Foundation Hill Montessori & Childcare RE: Letter of Intent to Purchase Land SELLER: City of Andover BUYER: Griffen Business Holdings Inc. DBA Foundation Hill Montessori and Childcare LEGAL DESCRIPTION: South half of Lot 24, Block 1, Parkside at Andover Station AREA: 42,854 square foot PRICE: Net price of $3.66 per square foot (no brokerage commission needed). The purchase price of above named property is $156,845.64. This price includes all and any assessments for street, curb and gutter, sidewalks, storm sewer, sanitary sewer, and water main. Final sale price shall be adjusted by above amount per square foot if final survey shows area amount other than the area amount proposed in this Letter of Intent. TERMS: If Seller accepts this Letter of Intent, both parties would plan to execute a written Purchase Agreement at which time Buyer shall make a $5,000.00 refundable down payment that will apply toward the final purchase price. POTENTIAL CONSIDERATIONS: At time of Purchase Agreement negotiation Buyer would potentially discuss, including but not limited to items such as, Seller's obligation to install signs at Hanson and Jay as well asBunker and Jay, to provide clear access to above named property by constructing a road from 139th Lane NW, to pay for leveling the site by moving or bringing in dirt as needed, to clear any hazardous contaminants found on the property. TAXES: All taxes shall be prorated from the date of closing. The property shall be delivered by Seller free of any assessments. DUE DILIGENCE: Buyer shall have six (6) months from the date of execution of Purchase Order to complete its Due Diligence, including but not limited to Environmental, Survey, and Economic Viability. If Buyer is engaged in the process of entitlement, i.e. getting plans approved etc. Seller agrees to extend the closing date by an additional six (6) months'. If Buyer cancels this agreement in writing at any point during the first six months of the Due Diligence period, the down payment shall be completely refunded to the buyer within ten working days of receiving written notice of cancellation. -2-- o CLOSING CONDITIONS: The Seller will be responsible for obtaining City approval of a lot split to subdivide Lot 24, Block 1, Parkside at Andover Station into the parcel that is suitable for the layout of the building and parking lot as anticipated. At closing, Seller shall convey a marketable fee title free of all leases, mortgages and any other encumbrances and restrictions for the portion of the lot that would be used for the day care, and also a cross easement to allow access to the site from 139th Lane NW. INTENDED USE: Parties acknowledge that the intended use of the property would be to construct an approximate 7,500 square foot building with potential to expand by another 4,000 to 5,000 square foot in future. This building will be used to provide childcare for children aged 6 weeks to 12 years. o TYPE OF BUILDING: Following is conceptual idea for type of building which is subject to change as more information is collected during the due diligence process: "A free standing building supported by standard footings and CMU foundation walls. Four inch thick slab-on- grade. Over 80% of area would be single story, remaining 20% would be double story, second story to be used for staff office and light storage. One room, about 900 sq ft, would have about two-story high ceilings and glass exterior walls to house an indoor play are. Steel stud wall framing supporting a sloped wood truss roofing system. Exterior enclosure is finished with 25% brick, 50% James Hardie siding and 25% aluminum operable windows. Roof covered with asphalt shingles aluminum soffits, fascia and gutters with downspouts. The interior of the building will be steel stud framing and gypsum board. All surfaces will be painted. Carpet everywhere except at kitchen (vinyl), laundry (vinyl) and restrooms (tile). Solid-core wood doors throughout. Cabinets and countertops will be plastic laminate. Fire sprinkler, plumbing, HVAC and electrical will be design-build to meet state and local codes." Attached is example pictures of buildings that potentially fit this conceptual idea. EXCLUSIVITY: Seller agrees to remove site from the market and will not entertain any other offers solicited or not during the Due Diligence or extended Due Diligence time frame. BROKERAGE: Both parties acknowledge that there is no broker involved in this transaction. Both parties agree to hold each other harmless for any claims arising from any brokers. NON - BINDING: Both parties acknowledge that this is a Letter of Intent and shall not be binding until a written Purchase Agreement is executed by both parties. BUYER: Griffen Business Holdings, Inc. DBA Foundation Hill Montessori and Childcare SELLER: City of Andover o By: By: Title: Title: -1'- . . :s:S ~~ . . . . .... ~~ " t..oc,;no!::i iliA /I II !\ TION NORTH 2 51.Z~ Sq.Fl. t.20 ACl'e:!l 1 316,676 sq.ft. 7.27 acres 294.858 sq.ft. (Total) 6.77 acres (Ext:ludlngextstlng eClsements)2 636.55 ./ . _S8~'06'38"E /~ __. t . ." t / OUTLOT B9~~~t.-:::c ... _ . _ _________J_L___'--MA TCHLlNE -----.-.... .. .~~ ..._..._~.-(&tt Shtlet..,7 of .J-sINHlW-.--"-:-~.".. 589'44'16"E - "-...- 636.48 ~ I I I I I I -' 1 3 298,359 sq.ft. 6.85 acres (Total) 18:'~9~c~:-sft. 1 (Exclucfll1g existing ltGsements) I N.W. 264,.340 Sq.ft. 6.07 Acres . -- 0 I ~ ...J I ::> ~ I 0 1[ I m E! 1 , ~ I , , I 1 Z 0 rn ~ J: \ ~ \ 'tXi'l "~ 11 --F - (~ _1~ _ . a . v 2L " c ~ ::l ;' ~l~ (I- _-A_ ,:, ,,;j "":,.. ~L- - ;: - /) - --y- . =~ 2.. ~ _ . "- 5 .3 3~---- - ') --~- . ::t) 1 ~L ,~ o ~ l~N - .~Z:Z/i;[C~rt.--~~N~~ o t o - ill !IT! I"l..A'l 11 .....IA - l,' /?-' ..-i <"-ct.6_ " / .:==!!...J EB o SI78 -~- 1Il!Il~~ -.z..,. ...._ --.... ....... ............ J...... a.a.~ . UM 5\ --- ..... S4.... >>. N___ ......-.a. a M;;... ..-~ -- -.:a,~. -~_. ...... ~ .'" cr:a ..../::lIe ) . "'--....... "'" .........J3i;:;t . oIU.J!I.aa:a..,,~.::: .~~ o o ':JV .~ ~\ &'& "'< /) o~// ---- 1-10, ~~~ I I I o '-- , ~-) -- ,-- , --, ~ ~J (j) o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Board CC: Jim Dickinson, Executive Direct FROM: Will Neumeister, Director of Community Development w~ SUBJECT: Discuss CancellationlExtension of Purchase Agreement (MVP Baseball) DATE: October 16, 2007 INTRODUCTION The EDA is asked to review with Mr. John Larkin whether there is any interest in extending the purchase agreement time frame. The original purchase agreement called for the purchase of the land to be done on August 1, 2007 and there have been four or five time extensions beyond that date to allow Mr. Larkin to complete his bank financing. The last time extension that the administrative staffhas agreed to expired on October 10,2007. o DISCUSSION The latest time delay has been as a result of the bank wanting an appraisal of the land. Mr. Larkin has indicated that the appraisal has now been done and it is positive. For what amount of time does the EDA feel comfortable extending the purchase agreement? If the EDA does not want to extend the agreement, then the City Attorney has indicated we need to follow State Statute 559.21 to put Mr. Larkin on notice that the EDA does not want to extend the closing deadline and wants to pursue other potential buyers. The City Attorney. indicates it takes about 60 days to complete this process unless Mr. Larkin is willing to voluntarily agree to a cancellation. ACTION REOUESTED Please review the information and determine whether there is interest in extending the deadline to complete the purchase of Lot 1, Block 1, Andover Station North. If the EDA does not want to extend the deadline, then authorize the City Attorney to begin processing the necessary paperwork to cancel the agreement and free up all ties that MVP Baseball has to the property. Respectfully submitted, / Will Neumeister ,!uclA- Attachments: .. Original Purchase Agreement . Minnesota Statute 559.21 o Cc: John Larkin, 17308 Roanoke St. NW, Andover, MN 55304 o o o PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on Lfpo/07 ' 2007, by and between Andover Economic Development Authority, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, Seller and MVP Sports Academies, Inc., a Minnesota corporation, Buyer. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: Lot 1, Block 1, Andover Station North, Anoka County, Minnesota ("Property") . 3. PURCHASE OF LOT WITH BUILDING OR VACANT LOT. (Check paragraph that pertains.) A. Buyer is purchasing the lot with an existing building. x B. Buyer is purchasing a vacant lot 4. PRICE AND TERMS. The price for the real property included in this sale: Five Hundred Eighty Thousand One Hundred Ninety-Seven and no/100 DoUars ($5BO,197.00). This price includes $527,451.82 for land and $52,745.18 for park dedication fees, which Buyer shall pay as follows: Earnest money of Five Thousand and no/100 DoUars ($5,000.00) by check, receipt of which is hereby acknowledged, and Five Hundred Seventy-Five Thousand One Hundred Ninety-Seven and no/100 DoUars ($575,197.00) cash on or before August 1, 2007 DATE OF CLOSING. The purchase price stated above is based on a site estimated to be 298,359 square feet of gross area, with different prices per square foot for portions of the site, described as follows: The price represents a per square foot price of $1.00 per square foot for area dedicated to existing easements (which is 110,467 square feet). Of that amount, ten percent is earmarked as a park dedication fee that was deferred at the time of subdivision; and also The price for the area of the site that is outside of the existing easements, which is 187,892 square feet of area. That price shall be $2.50 per square foot, and of that amount ten percent is earmarked as a park dedication fee that was deferred at the time of subdivision. After the survey of the property is completed by the AEDA as required in paragraph 8 herein and the actual gross square footage of the site is known, the price shall be 1 o o o adjusted to reflect the change in land area based upon the square foot prices set out in this paragraph. 5. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the following: (a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property. (b) Buyer shall have obtained all zoning, land use, signage, watershed, environmental and other governmental approvals and permits Buyer shall deem necessary to use the Property in the manner contemplated by Buyer, including, without limitation, a full building permit for a building conforming to Seller's design standards which Buyer determines can be built for a price acceptable to Buyer, in Buyer's soie discretion. (c) Buyer shall have determined that the roads, utilities, points of access and other infrastructure seNing the Property will be adequate for Buyer's purposes. (d) Buyer obtaining bank financing on or before August 1, 2007 for the acquisition and construction of their building on the Property. In the event any of the above contingencies have not been satisfied or waived by Buyer on or before the date of closing, this Agreement shall be voidable at the option of the Buyer. 6. DEEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Restrictions relating to use or improvement of the property without effective forfeiture prdvisions, including but not limited to land use restrictions imposed as a result of the proximity of the Property to the Federal Super Fund Site; C. Reservation of any mineral rights by the State of Minnesota; D. Utility and drainage easements which do not interfere with existing improvements. E. Declaration of Covenants filed by the Andover Economic Development Authority. 2 o o o F. Providing a cross access agreement across Lot 2, Block 1, Andover Station North to allow access to the public street (Le. 139th Lane). 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual DATE OF CLOSING. SELLER SHALL PAY on DATE OF CLOSING all special assessments for street, storm sewer, sanitary sewer and water main levied as of the date of closing. BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. SELLER'S OBLIGATIONS. (a) Seller warrants that there has been no labor or material furnished to the property in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the warranty deed. (b) SELLER shall cause all offsite utilities, storm drainage, street lights and access to be constructed, if not already completed, necessary to serve the Property at Seller's expense. Such obligation shall not include the sanitary sewer and water area and connection charges. Said charges shall be the responsibility of the Buyer. 9. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 10. BUYER'S OBLIGATIONS. (a) BUYER shall construct a building upon the property which is in substantial conformance to the building identified in attached Exhibit A. Buyer's obligation shall survive the closing on this transaction. (c) Buyer acknowledges that it has had (and will have) an adequate opportunity to inspect the Property and, upon closing the transaction contemplated by this Agreement, shall be deemed to have accepted that Property in "AS IS. and 'WHERE IS. condition with any and all faults. Seller hereby disclaims all warranties, whether oral or written, express or implied, as to the Property's merchantability, fitness for a particular purpose, condition, type, quantity and quality. 3 o 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 12. POSSESSION. Seller shall deliver possession of the property not later than DATE OF CLOSING. 13. EXAMINATION OF TITLE. Seller shall, within a reasonable time after acceptance of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 30 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. o 14. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention of make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is gjven and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original' title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, anyone or more of the following: o (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, 4 o o o and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or, (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller including costs and reasonable attorney's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; (2) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorneys' fees; (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 5 o o o 15. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 16. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 17. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the Seller does not know of any fuel tanks or wells on the described real property. 18. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller certifies that there is no individual sewage treatment system on or serving the property. 19. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. I agree to purchase the property for the price and terms and conditions set forth above. SELLER: BUYER: ANDOVER ECOMONIC DEVELOPMENT AUTHORITY By~~~ By: '/c IL-I R Michael mache, President MVP SPORTS ACADEMIES, INC. Its:ze W~ . .. {/ '- By: ~ \VV\. 'O>"c~?I-''''' Dickinson, Executive Director Its: 6 o o o 559.21, Minnesota Statutes 2006 Page I of5 Legislature Home I Links to the World I Help I AI :Mlnnesota ,Office ohbe :Revisor of Statutes .. ... _ .. ... . .. . ,.. .,.- ............. .......~ .......".. .. ... _...., . ....... ._ ....,. ..... _0_' House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 559 Table of Contents 559.21, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. 559.21 CONTRACT TERMINATION; NOTICE; SERVICE; COSTS; CONDITIONS. Subdivision l.[Repealed, lSpl985 c 18 s 16] Subd. la.[Repealed, lSp1985 c 18 s 16] Subd. lb. For contract executed before 8/2/1976. If a default occurs in the conditions of a contract for the conveyance of real estate or an interest in real estate executed on or prior to August 1, 1976, that gives the seller a right to terminate it, the seller may terminate the contract by serving upon the purchaser or the purchaser's personal representatives or assigns, within or outside the state, a notice specifying the conditions in which default has been made. The notice must state that the contract will terminate 30 days after the service of the notice, unless prior to the termination date the purchaser: (1) complies with the conditions in default; (2) pays the costs of service of the notice, including the reasonable costs of service by sheriff, public officer, or private process server; except payment of costs of service is not required unless the seller notifies the purchaser of the actual costs of service by certified mail to the purchaser's last known address at least ten days prior to the date of termination; and (3) paysan amount to apply on attorneys' fees actually expended or incurred, of$50 if the amount in default is less than $500, and of$100 if the amount in default is $500 or more; except no amount is required to be paid for attorneys' fees unless some part of the conditions of default has existed for at least 45 days prior to the date of service ofthe notice. Subd. I c. For contract executed before 5/1/1980. If a default occurs in the conditions of a contract for the conveyance of real estate or an interest in real estate executed after August 1, 1976, and prior to May 1, 1980, that gives the seller a right to terminate it, the seller may terminate the contract by serving upon the purchaser or the purchaser's personal representatives or assigns, within or outside the state, a notice specifying the conditions in which default has been made. The notice must state that the contract will terminate 30 days after the service of the notice if the purchaser has paid less than 30 percent of the purchase price, 45 days after service of the notice if the purchaser has paid 30 percent or more of the purchase price but less than 50 percent, or 60 days after service of the notice if the purchaser has paid 50 percent or more ofthe purchase price; unless prior to the termination date the purchaser: (1) complies with the conditions in default; (2) pays the costs of service of the notice, including the reasonable costs of service by sheriff, public officer, or private process server; except payment of costs of service is not required unless the seller notifies the purchaser of the actual costs of service by certified mail to the purchaser's last known address at least ten days prior to the date oftermination; and (3) pays an amount to apply on attorneys' fees actually expended or incurred, of$75 if the amount in default is less than $750, and of$200 if the amount in default is $750 or more; except http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=c...IO/1 0/2007 o o o 559.21, Minnesota Statutes 2006 Page 2 of5 no amount is required to be paid for attomeys' fees unless some part of the conditions of default has existed for at least 45 days prior to the date of service of the notice. Subd. 1 d. For contract executed before 8/1/1985. If a default occurs in the conditions of a contract for the conveyance of real estate or an interest in real estate executed on or after May 1, 1980 and prior to August 1, 1985, that gives the seller a right to terminate it, the seller may terminate the contract by serving upon the purchaser or the purchaser's personal representatives or assigns, within or outside the state, a notice specifying the conditions in which default has been made. The notice must state that the contract will terminate 30 days after the service of the notice if the purchaser has paid less than ten percent of the purchase price, 60 days after service ofthe notice ifthe purchaser has paid ten percent or more of the purchase price but less than 25 percent, or 90 days after service of the notice if the purchaser has paid 25 percent or more of the purchase price; unless prior to the termination date the purchaser: (1) complies with the conditions in default; (2) makes all payments due and owing to the seller under the contract through the date that payment is made; (3) pays the costs of service of the notice, including the reasonable costs of service by sheriff, public officer, or private process server; except payment of costs of service is not required unless the seller notifies the purchaser ofthe actual costs of service by certified mail to the purchaser's last known address at least ten days prior to the date of termination; and (4) pays an amount to apply on attorneys' fees actually expended or incurred, of$125 if the amount in default is less than $750, and of$250 if the amount in default is $750 or more; except no amount is required to be paid for attorneys' fees unless some part of the conditions of default has existed for at least 45 days prior to the date of service ofthe notice. Subd. Ie. Determination of purchase price. For purposes of determining the purchase price and the amount of the purchase price paid on contracts executed prior to August 1, 1985: (a) The purchase price is the sale price under the contract alleged to be in default, including the initial down payment. Mortgages, prior contracts for deed, special assessments, delinquent real estate taxes, or other obligations or encumbrances assumed by the purchaser are excluded in determining the purchase price. (b) The amount paid by the purchaser is the total of payments of principal made under the contract alleged to be in default, including the initial down payment. Interest payments and payments made under mortgages, prior contracts for deed, special assessments, delinquent real estate taxes, or other obligations or encumbrances assumed by the purchaser are excluded in determining the amount paid by the purchaser. Subd. 2.[Repealed, ISp1985 c 18 s 16] Subd. 2a. For post 7/31/1985 contract. If a default occurs in the conditions of a contract for the conveyance of real estate or an interest in real estate executed on or after August 1,1985, that gives the seller a right to terminate it, the seller may terminate the contract by serving upon the purchaser or the purchaser's personal representatives or assigns, within or outside of the state, a notice specifYing the conditions in which default has been made. The notice must state that the contract will terminate 60 days, or a shorter period allowed in subdivision 4, after the service of the notice, unless prior to the termination date the purchaser: (1) complies with the conditions in default; (2) makes all payments due and owing to the seller under the contract through the date that payment is made; http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=ST AT_CHAP _ SEC&year=c... 10/1 0/2007 o o o 559.21, Minnesota Statutes 2006 Page 3 of5 (3) pays the costs of service of the notice, including the reasonable costs of service by sheriff, public officer, or private process server; except payment of costs of service is not required unless the seller notifies the purchaser ofthe actual costs of service by certified mail to the purchaser's last known address at least ten days prior to the date oftermination; (4) except for eamest money contracts, purchase agreements, and exercised options, pays two percent of any amount in default at the time of service, not including the fmal balloon payment, any taxes, assessments, mortgages, or prior contracts that are assumed by the purchaser; and (5) if the contract is executed on or after August 1,1999, pays an amount to apply on attorneys' fees actually expended or incurred, of$250 ifthe amount in default is less than $1,000, and of$500 if the amount in default is $1,000 or more; or if the contract is executed before August 1,1999, pays an amount to apply on attorneys' fees actually expended or incurred, of$125 if the amount in default is less than $750, and of $250 ifthe amount in default is $750 or more; except that no amount for attorneys' fees is required to be paid unless some part of the conditions of default has existed for at least 30 days prior to the date of service of the notice. Subd. 3. Notice defined. For purposes of this section, the term "notice" means a writing stating the information required in this section, stating the name, address and telephone number of the seller or of an attorney authorized by the seller to accept payments pursuant to the notice and the fact that the person named is authorized to receive the payments, stating a mailing address and a street address or location where the seller or the attorney will accept payment pursuant to the notice, and including the following information in 12-point or larger underlined upper-case type, or 8-point type if published, or in large legible handwritten letters: THIS NOTICE IS TO INFORM YOU THAT BY THIS NOTICE THE SELLER HAS BEGUN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 559.21, TO TERMINATE YOUR CONTRACT FOR THE PURCHASE OF YOUR PROPERTY FOR THE REASONS SPECIFIED IN THIS NOTICE. THE CONTRACT WILL TERMINATE..... DAYS AFTER (SERVICE OF THIS NOTICE UPON YOU) (THE FIRST DATE OF PUBLICATION OF THIS NOTICE) (STRIKE ONE) UNLESS BEFORE THEN: (a) THE PERSON AUTHORIZED IN THIS NOTICE TO RECEIVE PAYMENTS RECEIVES FROM YOU: (1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS (2) THE COSTS OF SERVICE (TO BE SENT TO YOU); PLUS (3) $........... TO APPLY TO ATTORNEYS' FEES ACTUALLY EXPENDED OR INCURRED; PLUS (4) FOR CONTRACTS EXECUTED ON OR AFTER MAY 1, 1980, ANY ADDITIONAL PAYMENTS BECOMING DUE UNDER THE CONTRACT TO THE SELLER AFTER THIS NOTICE WAS SERVED ON YOU; PLUS (5) FOR CONTRACTS, OTHER THAN EARNEST MONEY CONTRACTS, PURCHASE AGREEMENTS, AND EXERCISED OPTIONS, EXECUTED ON OR AFTER AUGUST 1,1985, $.... (WHICH IS TWO PERCENT OF THE AMOUNT IN DEFAULT AT THE TIME OF SERVICE OTHER THAN THE FINAL BALLOON PAYMENT, ANY TAXES, ASSESSMENTS, MORTGAGES, OR PRIOR CONTRACTS THAT ARE ASSUMED BY YOU); OR (b) YOU SECURE FROM A COUNTY OR DISTRICT COURT AN ORDER THAT THE TERMINATION OF THE CONTRACT BE SUSPENDED UNTIL YOUR CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING OR SETTLEMENT. http://www.revisor.leg.state.mn.us/binlgetpub.php?pubtype=ST AT_CHAP _ SEC&year=c... 10/1 0/2007 o o o 559.21, Minnesota Statutes 2006 Page 4 of5 YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES. IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR CONTRACT WILL TERMINATE AT THE END OF THE PERIOD AND YOU WILL LOSE ALL THE MONEY YOU HAVE PAID ON THE CONTRACT; YOU WILL LOSE YOUR RIGHT TO POSSESSION OF THE PROPERTY; YOU MAY LOSE YOUR RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE; AND YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, CONTACT AN A TTORNEY IMMEDIATELY. Subd. 4. Law prevails over contract; procedure; conditions. (a) The notice required by this section must be given notwithstanding any provisions in the contract to the contrary, except that eamest money contracts, purchase agreements, and exercised options that are subject to this section may, unless by their terms they provide for a longer termination period, be terminated on 30 days' notice, or may be canceled under section 559.217. The notice must be served within the state in the same manner as a summons in the district court, and outside of the state, in the same manner, and without securing any sheriff's return of not found, making any preliminary affidavit, mailing a copy of the notice or doing any other preliminary act or thing whatsoever. Service of the notice outside of the state may be proved by the affidavit of the person making the same, made before an authorized officer having a seal, and within the state by such an affidavit or by the return of the sheriff of any county therein. (b) If a person to be served is a resident individual who has departed from the state, or cannot be found in the state; or is a nonresident individual or a foreign corporation, partnership, or association, service may be made by publication as provided in this paragraph. Three weeks' published notice has the same effect as personal service of the notice. The published notice must comply with subdivision 3 and state (1) that the person to be served is allowed 90 days after the fIrst date of publication of the notice to comply with the conditions of the contract, and (2) that the contract will terminate 90 days after the fIrst date of publication of the notice, unless before the termination date the purchaser complies with the notice. If the real estate described in the contract is actually occupied, then, in addition to publication, a person in possession must be personally served, in like manner as the service of a summons in a civil action in state district court, within 30 days after the fIrst date of publication of the notice. If an address ofa person to be served is known, then within 30 days after the fIrst date of publication of the notice a copy of the notice must be mailed to the person's last known address by fIrst class mail, postage prepaid. (c) The contract is reinstated if, within the time mentioned, the person served: (1) complies with the conditions in default; (2) if subdivision I d or 2a applies, makes all payments due and owing to the seller under the contract through the date that payment is made; . (3) pays the costs of service as provided in subdivision 1 b, I c, I d, or 2a; (4) if subdivision 2a applies, pays two percent of the amount in default, not including the final balloon payment, any taxes, assessments, mortgages, or prior contracts that are assumed by the purchaser; and (5) pays attorneys' fees as provided in subdivision I b, I c, 1 d, or 2a (d) The contract is terminated if the provisions of paragraph (c) are not met. (e) In the event that the notice was not signed by an attorney for the seller and the seller is not present in the state, or cannot be found in the state, then compliance with the conditions http://www.revisor.1eg.state.mn.us/bin/getpub.php?pubtype=ST AT_CHAP _ SEC&year=c... 10/1 0/2007 o o o 559.21, Minnesota Statutes 2006 Page 5 of5 specified in the notice may be made by paying to the court administrator ofthe district court in the county wherein the real estate or any part thereof is situated any money due and filing proof of compliance with other defaults specified, and the court administrator of the district court shall be deemed the agent of the seller for such purposes. A copy of the notice with proof of service thereof, and the affidavit ofthe seller, the seller's agent or attorney, showing that the purchaser has not complied with the terms of the notice, may be recorded with the county recorder or registrar of titles, and is prima facie evidence ofthe facts stated in it; but this section in no case applies to contracts for the sale or conveyance of lands situated in another state or in a foreign country. If the notice is served by publication, the affidavit must state that the affiant believes that the party to be served is not a resident of the state, or cannot be found in the state, and either that the affiant has mailed a copy ofthe notice by first class mail, postage prepaid, to the party's last known address, or that such address is not known to the affiant. Subd. 5. If required, notify commissioner. When required by and in the manner provided in section 270C.63. subdivision 11. the notice required by this section shall also be given to the commissioner of revenue. Subd. 6.[Repealed, 1983 c 215 s 16; 1984 c 474 s 7; 1985 c 306 s 26; 1987 c 292 s 36; 1989 c 350 art 16 s 7] Subd. 7. Cancellation ofland sale. The state of Minnesota shall cancel any sale ofland made by the state under an installment contract upon default therein only in accord with the provisions of this section. Subd. 8. Attorney as agent for sen'ice. Any attorney expressly authorized by the seller to receive payments in the notice oftermination under this section is designated as the attorney who may receive service as agent for the seller of all summons, complaints, orders, and motions made in conjunction with an action by the purchaser to restrain the termination. Service in the action may be made upon the seller by mailing a copy of the process to the seller or to the seller's attorney, by first class mail, postage prepaid, to the address stated in the notice where payments will be accepted. History: (9576) RL s 4442; 1913 c 136 s 1; 1915 c 200 s 1; 1925 c 163 s 1; 1959 c 618 s 1; 1961 c 270 s 1; 1976 c 181 s 2; 1976 c 240 s 1; 1980 c 373 s 6; 1982 c 500 s 3,4; 1982 c 523 art 2 s 47; 1983 c 215 s 2; 1983 c 342 art 15 s 38; 1984 c 474 s 2; 1985 c 300 s 29; 1985 c 306 s 7; ISp1985 c 16 art 2 s 44; ISp1985 c 18 s 6-10,16; 1986 c 438 s 1-8; ISp1986 c 3 art 1 s 82; 1992 c 463 s 30,31; 1994 c 388 art 2 s 1-3; 1999 c 11 art 4 s 4; 2004 c 203 art 1 s 9; 2005 c 4 s 136; 2005 c 151 art 2 s 17 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General Questions or comments. http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=ST AT_CHAP _ SEC&year=c... 10/1 0/2007 o o o CSJ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Board CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Community Developmen Director~ SUBJECT: Update on Economic Development Activities DATE: October 16, 2007 INTRODUCTION This memo is provided as a status update for all the economic development activities related to Andover Station North that the City staff have recently been engaged in. The following is the update on activities: Rudnick's Retail Building - No new ideas or proposal have been discussed. Mr. Rudnicki understands the price needs to be higher than he proposed and is trying to determine whether he can offer more. Bruggeman Homes - There have been 11 units sold so far. Funeral Home - Nothing new to report. They're in working on getting the structure built. Office/Day Care Site - The EDA will review a proposal this evening. MVP Baseball (John Larkin) - The closing did not happen on October 10,2007. The EDA needs to discuss whether there is a desire to keep working with Mr. Larkin on time extensions as this is now going on three months of additional time to get it closed.. Light Industrial Building (Dynamic Sealing Technologies) - They have submitted for a Commercial Site Plan review and it is in process. Office Development (Northstar Partners) - Our real estate agents are now marketing the site for both office and light industrial uses (see attached summary sheet of their progress in finding a buyer). Tasty Pizza (Darren Brenk & Associates) - We need them to present their proposed changes to the purchase agreement. The attorneys are trying to get together on the word changes. ACTION REOUESTED This is an informational update, no action is requested. 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