HomeMy WebLinkAboutEDA April 21, 2009
C I T Y o F
0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
April 21, 2009
6:00 p.m.
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Approval of Minutes (March 24,2009 and April 7, 2009)
3. Extend Option Agreement (Dynamic Sealing Technologies)
0 4. Discuss Monument Sign Agreement
5. Approve Banner Design for Andover Station
6. Purchase Agreement/Letter of Intent/Progress Review
7. Hold Special Meeting of Board of Directors / Andover Station North Owners Association
a. Adopt Original By-laws
b. Recognition of New Directors
c. Execute New By-laws
8. Other Business
0
C I T Y o F @
NDOVE
0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Economic Development Authority ~
CC: Jim Dickinson, Executive Director ~
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Approval of Minutes
DATE: April 21, 2009
INTRODUCTION
The following minutes were provided by staff for EDA approval:
April 7, 2009 Regular Meeting
0
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The EDA is requested to approve the above minutes.
Respectfully submitted,
"-/)~arfnVl
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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4
5
6 ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING
7 APRIL 7, 2009 - MINUTES
8
9
10 A Meeting of the Andover Economic Development Authority was called to order by President
11 Gamache, April 7, 2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
13
14 Present: Commissioners Sheri Bukkila, Don Jacobson, Mike Knight, Julie
15 Trude, Robert Nowak and Joyce Twistol
16 Absent: None
17 Also present: Executive Director, Jim Dickinson
18 Community Development Director, Will Neumeister
19 Public Works Director/City Engineer, Dave Berkowitz
20 City Attorney, Scott Baumgartner
21 Others
22
~~
25 APPRO V AL OF MINUTES
26
27 March 17, 2009 Regular Meeting: Correct as written.
28
29 Motion by Jacobson, Seconded by Trude, approval of the minutes as written. Motion carried
30 unanimously. (Nowak and Twistol present)
31
32 DISCUSS KWIK TRIP PROPOSAL, CONTINUED
33
34 Mr. Dickinson stated a supplemental item was submitted for the record that includes comments
35 from Commissioner Twistol.
36
37 Mr. Dickinson stated this project was discussed at length at the March 17,2009 meeting. Mr.
38 Dickinson gave a brief presentation of the project. Eddy's Auto Body has a pending sale with
39 Kwik Trip. The deal is contingent upon the realignment of an existing frontage road. Staffis
40 looking to see if there is EDA support for a commitment to realign the frontage road. As far as
41 the proposal, K wik Trip is offering to donate as part of the project the right-of-way and the
42 ponding area to facilitate the realignment. In exchange the City would vacate the current
43 frontage road easement but the City would retain utility easements on the property. The project
044 includes a median opening on Jay Street. The estimated project cost is $326,000. Staff supports
45 this project and feels the project is good Public Policy for the following reasons:
46
47 Removes blight
48 Improves roadway safety
0 Andover Economic Development Authority Meeting
Minutes - April 7, 2009
Page 2
1 Improves community image
2 Fulfills the original intent of the Andover Station redevelopment area
3 Improves the potential of development of land in the vicinity
4
5 Mr. Dickinson stated staff is looking for a commitment from the EDA for the project and a
6 financial commitment for the realignment of the frontage road.
7
8 Commissioner Trude asked what amount could be assessed. Mr. Dickinson speculated that the
9 dollar amount could range from $75,000 to $100,000 that could be assessed. Mr. Dickinson
10 explained the cost of the project.
11
12 Commissioner Nowak asked for further explanation of what the Kwik-Trip buildings located on
13 the map would be. Mr. Neumeister explained Kwik Trip would consist of a pump island, the
14 main building and a car wash.
15
16 Commissioner Twistol asked about the Kottke's bus traffic on Jay Street. Mr. Neumeister stated
17 most of the bus traffic does go south on Jay Street, but some does go north.
018
19 Commissioner Twistol asked who'd be responsible if there was environmental waste found on
20 the parcel. Mr. Dickinson anticipated that would be handled between Kwik Trip and Eddy's
21 through the due diligence process.
22
23 Commissioner Bukkl1a asked how long before the City would see payback for this project. Mr.
24 Dickinson stated it would depend on future development in this area and the level of financial
25 commitment; the City could be looking at 10-15 years.
26
27 Mark Ogren, Croix Oil Company, went over the history of road construction done in the last ten
28 years that has affected his business. He stated Croix Oil has paid over $52,000 for an assessment
29 that had no benefit to his business. He doesn't have a problem with competition coming into the
30 City; he feels the City shouldn't use tax money to pay for the project. He would like the EDA to
31 deny the Kwik Trip proposal.
32
33 Darcy Erickson representing SuperAmerica stated they have two concerns the first one is this
34 project represents poor public policy, using tax money for a project that benefits one business and
35 not giving to another is unfair. Their second concern is the public safety policy. Ms. Erickson
36 stated she has never heard that a full directional access is safer. She noted there has been no
37 engineering traffic study done. Ms. Erickson would like the EDA to carefully consider the public
38 policy and public safety considerations that are at play.
39
040 Commissioner Trude asked City Attorney, Scott Baumgartner if this project would have to be a
41 429 project in order to assess property. Mr. Baumgartner stated to assess it would need to be a
42 429 project, with the land owner dedicating the right-a-way and ponding land this could equate as
43 their required contribution. Mr. Dickinson explained the assessment process.
44
0 Andover Economic Development Authority Meeting
Minutes - April 7, 2009
Page 3
1 Commissioner Jacobson stated the real issue being, is this good public policy using tax payer's
2 money to fund this project. He feels Kottke's is not going to come through paying a large
3 assessment for this project and the EDA could get stuck paying more than anticipated for this
4 project. He stated if the motion was to participate and there was a cap of$125,000 he would be
5 interested, but without a cap he would not vote to have this move, forward.
6
7 President Gamache stated he supports this project. The current road is not a good road alignment
8 and needs to be redone. He does not see this as a $300,000 expenditure but as a savings to the
9 City of about a half a million dollars, since that is what it may cost the City in the future to move
10 Eddy's.
11
12 Commissioner Nowak stated the $326,000 is just an extension ofthe 16 million that was spent in
13 the Andover Station area, this expenditure and project would be going in the same direction the
14 EDA had set forth years ago to improve the City.
15
16 Commissioner Trude stated she does not support this project. She thinks there will be three
17 struggling businesses.
18
019 Commissioner Twistol stated she is in support of this project, believing this is a small
20 expenditure given the long term value of it.
21
22 Motion by Gamache, Seconded by Bukkila, to assist in the project cost for realigning Bunker
23 Lake Boulevard frontage road and modifying the median at Jay Street with an EDA contribution
24 cap of$150,OOO. Motion carried 6 ayes and 1 nay (Trude).
25
26 Commissioner Jacobson indicated that he would not want to commit any more dollars to the
27 project than the $150,000 and indicated Kwik Trip, Eddy's and Kottke's will need to cover more
28 project costs.
29
30 Commissioner Nowak and President Gamache indicated the EDA should be kept apprised of the
31 project costs and progress.
32
33 Motion by Jacobson, Seconded by Bukkila to adjourn. Motion carried unanimously. The
34 meeting adjourned at 7:03 p.m.
35
36 Respectfully submitted,
37
38
39 Michelle Hartner, Recording Secretary
0
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C I T Y o F
NDOVE
0 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 Community Development ?t.tL
SUBJECT: Extend Option Agreement (Dynamic Sealing Technologies)
DATE: April 21, 2009
INTRODUCTION
The EDA is asked to review and approve the option agreement extension for Dynamic Sealing
Technologies, Inc. (DSTI) to buy the lot directly south of the parcel they bought in 2007 (Lot 3, Block
3 and the east 35 feet of Lot 2, Block 3) to align with their current parcel. See attached Exhibit A
showing the subject site.
The original option agreement set the terms and conditions of an 18-month long option on the land for
0 $10,000. They indicate that they would like to extend the option to purchase another 18-24 months.
DISCUSSION
As approved by the EDA on March 4,2008, the $10,000 payment by DSTI secured the option until
July 31, 2009 to allow them time to decide whether they wanted to purchase the additional land. Staff
is supportive of granting another 18 month extension (beyond July 31, 2009) provided the buyer
provides another non-refundable option payment in the amount of $10,000. This 18 month extension
would give them until January 31, 2011 to decide whether they would buy it.
ACTION REQUESTED
The EDA is asked to approve a new option agreement for DSTI and authorize the Executive Director
and EDA President to sign it.
Respectfully submittedW4-
Will Neumeister
Attachments:
Minutes of March 17,2009 EDA meeting
Option Agreement (April 7, 2008)
Exhibit A (depicting subject land)
0 Cc: Jeff Meister, Dynamic Sealing Technologies, Inc., 13829 Jay Street, Andover, MN 55304
0 Andover Economic Development Authority Meeting
Minutes _0 March 17, 2009
Page 5
EDA President to sign as long as it's essentially the same as the draft. Motion carried
unanimously. (Nowak and Twistol absent)
APPROVE BANNER DESIGN FOR ANDOVER STATION
Mr. Neumeister stated the EDA is requested to choose a banner for Andover Station North.
There are five examples pictured in the packet.
The EDA discussed the examples.
President Gamache stated the EDA would like Main Street Designs to put together a design of a
banner with the train from the #1 example, the lettering from the #3 example and the color of the
banner to be green. A new example, based on discussion will be brought back to the EDA at a
future meeting.
PURCHASE AGREEMENT/LETTER OF INTENT/PROGRESS REVIEW
0 Mr. Neumeister gave updates on the following:
Blue Fin Pool & Spa - The store is open.
Monument Sign - Staff is writing up a temporary use agreement for Louis Rudnicki and Scott
Brenner regarding a space on the monument sign.
Moose & Co. Grill House - Working on long term financing.
Office Development - The new signs placed in Andover Station North seem be working they
have generated a couple calls regarding the sites for sale.
Restaurant Site - Continue to pursue Buffalo Wild Wings to purchase a lot in Andover Station
North. They would prefer a site in front of Target.
Dynamic Sealing Technologies - July 31 st their purchase option expires. They will be requesting <==
a time extension of 18 months. They were informed there will be a non-refundable fee with the
time extension. This item will be brought to the EDA at a future meeting.
OTHER BUSINESS
Mr. Dickinson stated the YMCA would like to make an alteration at the Community Center. He
0 explained the alteration which consists of making a conference/meeting room out of the pool
conceSSIOn area.
Motion by Jacobson, Seconded by Knight to approve the request by the YMCA to go forward
with the alteration. Motion carried unanimously. (Nowak and Twistol absent)
0 OPTION AGREEMENT
THIS OPTION AGREEMENT IS made and entered into
this ;.,]'-;"/'-, day of
--1\ t'f:..\ , 20.0.8, by and between Andover Economic Development Authority, a. body
corporate and polItlc, 1685 Crosstown Boulevard N.W., Andover, MN 55304 (heremafter
referred to as "Seller"), and DST Propeliies, LLC, a Minnesota limited liability company, 13941
Lincoln Street N.E., Suite 100, Ham Lake, MN 55304 (hereinafter refened to as "Buyer").
WHEREAS, Seller is the owner ofreal property described as:
OPTION PROPERTY:
Lot 3, Block 3, Andover Station North, Anoka County, Mimlesota.
AND
The east 35 feet of Lot 2, Block 3, Andover Station North, Anoka COlmty, Minnesota.
together with all hereditaments and appurtenances thereunto belonging or in any way
appertaining (hereinafter called "Option Propeliy"); and
WHEREAS, Buyer desires to obtain and Seller desires to grant an Option to Purchase
0 said Option Propeliy.
NOW, THEREFORE, in consideration of the below-described Option payments and
other good and valuable consideration paid by Buyer to Seller, the receipt and sufficiency of
which are hereby acknowledged, it is hereby agreed as follows:
1. Option. Seller hereby grants to Buyer the exclusive right and option to purchase
the Option Property for the price and on the terms stated herein and as stated in the attached
Purchase Agreement. All option consideration to be paid under this agreement shall be by
certified check, cashier's check, or bank money order.
2. Exercise of Option. The option contained in this agreement, if exercised, shall
be exercised by the execution and delivery of the attached Purchase Agreement as described
below.
3. Price Adjustments for Eminent Domain Takings. for Public Improvement
Projects. Between the date of this Option Agreement and the date upon which Buyer exercises
the option, the purchase price is subject to increases or decreases according to the following:
A. Eminent Domain. If any portion of the Option Property is taken in eminent
domain proceedings, the price of the Option Property parcels affected by the eminent
domain proceedings shall be reduced only by the actual net proceeds received by Seller in
0 the eminent domain proceedings. For the purposes of this Agreement, "the actual net
proceeds received by Seller in the eminent domain proceedings" shall mean the gross
amount of the eminent domain award, whether by court order or stipulation of the parties,
0 less Seller's actual attorney's fees, court costs, appraiser's fees, surveyor's fees, and all
other costs attributable to Seller's defense of an eminent domain proceeding.
B. Special Assessments. If any portion of the Option Property is encumbered by
special assessments for any public improvement project by any govemmental entity or
public utility having assessing powers, provided Seller has paid for the improvement to
the Option Property made pursuant to the Development Agreement with the City of
Andover, the price of the Option Propelty parcels affected by the public improvement
project shall be increased by actual amount of the assessments which become levied,
undeferred, and actually paid by Seller prior to Buyer's exercise of an option. Buyer is
assuming all special assessments which are levied or pending as of the date of Buyer's
exercise of an option, regardless of whether or not the special assessments have been
certified for collection with real estate taxes.
4. Option Described. Subject to the term the price adjustments of paragraph 3
above, the option is as follows:
Seller hereby grants to Buyer the exclusive right and option to purchase the Option
Property for the price and on the terms stated herein and as stated in the attached
Purchase Agreement.
A. Exercise of Option. This Option, if not sooner exercised or extended, shall
0 expire at 11:59 P.M. Central Time, on July 31,2009. This Option shall be exercised by:
(1) Buyer affixing its officer's signature to four original copies of the
Purchase Agreement, and,
(2) Delivering all four original copies of the Purchase Agreement to Seller
together with Buyer's certified check as earnest money in the amount of
$5,000.00. All option payments made pursuant to the terms below are not
refundable in the event Buyer fails to exercise this Option.
B. Option Consideration. As consideration for the grant of this Option, Buyer shall
pay to Seller at time of execution hereof the sum of $10,000.00. All Option payments
made are not refundable, however, in the event the Option is exercised by Buyer, this
Option consideration of $10,000.00 shall be applied against the purchase price at the
closing on the Option Property.
5. Restriction on Assignment. Buyer may not sell, assign, or convey its rights
under this Option Agreement nor enter into any agreement to sell, assign, or convey its rights
under this Option Agreement without the express written consent of Seller. Seller's consent may
be withheld for any reason. Buyer may not mortgage, hypothecate, pledge, or otherwise
encumber its interest in this Option Agreement.
0 6. Restriction on Recordinl!. A Memorandum of the Option Agreement may be
recorded in the office of the Anoka County Recorder. The Purchase Agreement attached to this
2
0 Option Agreement shall not be recorded in the office of the Anoka County Recorder. In the
event the Buyer does not invoke the Option by July 31, 2009, Buyer agrees to execute a Quit
Claim Deed (if requested by Seller) or other appropriate document to note it no longer has an
interest in the Option Property.
7. Option Consideration and Title Warranties. All option consideration paid and
received under the terms of tlus Option Agreement and extensions hereto is not refundable under
the circumstance whereby Buyer exercises an option but fails to close on the purchase. Buyer
has not examined a title insurance commitment to the Option Propeliies prior to entering into this
Option Agreement and will not receive or review a title commitment on the Option Property
until exercising the Option in accordance with the attached Purchase Agreement. In the event
that a title matter occurs as of the date of closing on Buyer's purchase of any of the Option
Properties, which title problem is unable to be timely resolved by Seller according to the terms of
the purchase agreement's provisions for title remedies, then Buyer shall be entitled to a refund of
the earnest money paid at the time that the option was exercised, and a refund of the option
consideration.
8. Ri2ht of Entrv and Ri2ht of Possession. By'this Option Agreement, Buyer does
not acquire any right of possession of the property nor does Buyer acquire any right of entry,
license, or easement. Seller will consent to a case-by-case right of entry for Buyer and/or
Buyer's agents, surveyors, engineers, and site evaluators for testing, measuring, and evaluating
purposes provided that the following conditions are met:
0 A. There shall be no excavating or earth-moving and no tree removal.
B. Buyer independent contractor's (surveyors, engineers, and site evaluators, etc.)
shall, prior to entry on the land, deliver to Seller's attorney proof of independent contract
with Buyer and a waiver oflien rights in a form satisfactory to Seller's attorney.
Buyer agrees to indemnify and hold harmless Seller and the title to Seller's Option Properties
from any and all liens, claims, liabilities or charges incurred or caused by Buyer's contracts with
surveyors, engineers, and site evaluators, etc.
ANDOVER ECONOMIC DST PROPERTIES, LLC
DEVELOPMENTAUTHO~TY
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0 EXHIBIT A TO
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C I T Y o F
NDOVE
0 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 Community Development ~
SUBJECT: Discuss Monument Sign Agreement
DATE: April 21, 2009
INTRODUCTION
The EDA is asked to review and approve the attached "Temporary Sign License and Easement". Both
Louis Rudnicki and Scot Brenner have requested this agreement to allow them to temporarily use the
two large monument signs that were constructed last fall along Bunker Lake and Hanson Boulevards.
0 DISCUSSION
The terms of the agreement indicate that if other land is sold in Andover Station North then they
understand that they could be bumped off the sign (if space is limited). The large monument signs were
erected with the goal of allowing businesses in the Andover Station North development to have some
exposure to the traffic on both of those busy streets.
ACTION REQUESTED
The EDA is asked to approve the attached agreement and authorize the Executive Director and EDA
President to sign it.
Respectfully submitted,
Will Neumeister w~
Attachments:
Temporary Sign Agreement
Cc: Louis Rudnicki, C/o Tiller Corporation, 7200 Hemlock Lane, Suite 200,Maple Grove, MN
55311-6480
0 Scot Brenner, C/o Blue Fin Pool & Spa, 13779 Ibis Street, Andover, MN 55304
0
TEMPORARY SIGN LICENSE AND EASEMENT AGREEMENT
This Sign License and Easement Agreement is made and declared by Andover Economic
Development Authority, a body corporate and politic, which owns title to the following-
described tracts of real property located in Anoka County, Minnesota:
Outlot A, Andover Station North (hereinafter "Lot 1 "); and
Lot 2, Block 1, Andover Station North Second Addition
(hereinafter "Lot 2").
0 This Agreement is binding upon Andover Economic Development Authority and its
successors and assigns so that the owners of Lot 1 and Lot 2 shall be bound by the terms
and conditions of this Agreement:
1. Existence of Area ID Signs. An Area ID sign (hereinafter the "North
Sign") of dimensions and structure generally in accord with Exhibit A annexed hereto,
exists on the eastern perimeter of Lot 1 that abuts Hanson Boulevard. An Area ID sign
(hereinafter the "South Sign") of dimensions and structure generally in accord with
Exhibit A annexed hereto, exists on the southern perimeter of Lot 2 that abuts Bunker
Lake Boulevard. Collectively the North Sign and South Sign shall be herein after the
"Signs".
2. Reciprocal Use. The Signs are for the primary benefit of the respective
owners and tenants of all lots within the Andover Station North Development and the
Andover Station North Third Addition (collectively, the "Primary Benefitted Parties"),
with the exception of the owners and tenants of Lot 3, Block 5, Andover Station North
and the owners and tenants of Andover Station North Second Addition, (collectively, the
"Secondary Benefitted Parties"). The Signs shall provide a temporary benefit to the
Secondary Benefitted Parties, who shall be granted a non-exclusive temporary use of the
Signs as long as space is available on the Signs. The Primary Benefitted Parties may
0 displace any sign of the Secondary Benefitted Parties at any time during the duration of
this agreement. Secondary Benefitted Parties with empty space may not use the Signs to
advertise those spaces. Secondary Benefitted Parties may only use the Signs to promote
businesses with certificates of occupancy. Advertising for Secondary Benefitted Parties is
0 limited to panels and no banners or other form of advertising or signage shall be
permitted with respect to the Signs.
3. Sign Panel Position Selection. The Primary Benefitted Parties shall have
first right to position selection on the Signs in accordance with any agreements pre-dating
this document regarding the Signs. In the event there is no prior agreement relative to
position selection, priority for position selection for the Primary Benefitted Parties shall
be based on a per square foot basis of individual tenants or owners with a certificate of
occupancy, with first preference going to the tenant or owner with the largest occupied
space. Priority for position selection for the Secondary Benefitted Parties on the
remaining unused spaces on the Signs shall be based on a per square foot basis of
individual tenants or owners with a certificate of occupancy, with first preference going
to the tenant or owner with the largest occupied space. Should a Secondary Benefitted
Party be displaced by a Primary Benefitted Party, the displaced Secondary Benefitted
Party may relocate to another available space, but may not displace another Secondary
Benefitted Party unless mutually agreed upon in writing by the two Secondary Benefitted
Parties. Secondary Benefitted Parties may have only one sign panel per face of the Signs.
4. Sign Cost Allocation. Secondary Benefitted Parties shall be responsible
for 100% of the cost of installing and repositioning their individual graphics and/or
0 panels on the Signs. Secondary Benefitted Parties shall be exempt from any and all other
costs associated with the Signs including, but not limited to, real estate taxes,
maintenance, repair and operating costs, unless otherwise specified in this document.
5. Use and Disposition of Sign Panels. Secondary Benefitted Parties shall be
allowed to use existing sign Panels on the Signs for their graphics. Upon permanent
replacement or removal of a sign panel of a Secondary Benefitted Party, the sign panel
shall remain the property of the Primary Benefitted Parties.
6. Maintaining Current Information on Sign. In the event any of the
businesses of the Secondary Benefitted Parties for which panels are displayed on the
Signs cease to operate, the Sign panel or panels for said businesses shall be removed
within 15 days by the owner or landlord of the Secondary Benefitted Party and will be
replaced by blank panels, or panels advertising the business of another operating
Secondary Benefitted Party In the event a Secondary Benefitted Party fails to remove its
Sign panel or panels within 15 days, the Sign panel or panels may be removed by the
Andover Economic Development Authority, or its designee, with any costs associated
therewith being the responsibility of the Secondary Benefitted Party.
7. Benefit. This Agreement is not intended to nor shall it be construed to
0 create any rights in or for the benefit of the general public or any persons or entities other
than the Primary and Secondary Benefitted Parties.
2
0 8. Binding Effect. The terms and conditions of this Agreement shall be
binding upon each of the owners of Lots 1 and 2 and their successors, assigns and
tenants, including any mortgagees. All Primary and Secondary Benefitted Parties using
space on the Signs shall be required to sign an acknowledgement indicating receipt of a
copy ofthis Agreement and their willingness to be bound thereby.
9. Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
10. Entirety of Agreement and Modification. This Agreement constitutes the
entire agreement with respect to the subject matter hereof. This Agreement may not be
modified, amended or altered, other than by a further agreement executed by the owners
of Lots 1 and 2 and owners of the Primary and Secondary Benefitted Parties.
Dated this _ day of April, 2009.
ANDOVER ECONOMIC DEVELOPMENT
AUTHORITY
0 By:
Its:
ANDOVER ECONOMIC DEVELOPMENT
AUTHORITY
By:
Its:
0
3
0 STATE OF MINNESOTA)
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2009, by , the and by
, the of Andover Economic Development
Authority, a body corporate and politic, on behalf of said corporate body and
politic.
Notary Public
(SEAL)
0
0
4
0 EXHIBIT A
10ft-Oin
8ft-8 in 2 ft-l1 in
TENANT
TENANT
Primrose brick
TENANT Italian Tar'! T-1 brick
TENANT 2-1/2 in retainer
. 2~1/2 ir'! dividers
TENANT
cabinet flush to brick
painted to matchgreen
TENANT 363G-126 vinyl
0 TENANT
TENANT
Cal1in~tclll)1ensions
OD=7ft-9112 in
Front View Side View
0
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C I T Y o F
0 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, Director of Community Development ~
SUBJECT: Approve Banner Design for Andover Station
DATE: April 21, 2009
INTRODUCTION
In March, the EDA authorized staff to move ahead with Mainstreet Designs to revise the
design of the banners for Andover Station. Staff has received a drawing showing three green
colored designs for the banners (see attached graphic).
0 ACTION REQUESTED
The EDA is requested to review and choose the final design and color scheme for the banners.
Respectfully submitte~
Will Neumeister
Attachment:
Banner drawing
0
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C I T Y 0 F
-0 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 Development Director t~
SUBJECT: Purchase Agreement/Letter of Intent/Progress Review
DATE: April 21, 2009
INTRODUCTION
This memo is an update of all development activities in the Andover Station area:
Moose & Co. Grill House - The owners are still working on getting financing.
Office Development and Retail Development Sites - There are no recent inquiries to report.
Monument Signs - Louis Rudnicki and Scott Brenner would both like to install panels on the large monument
sign and as the EDA generally agreed to on February 17th. The temporary use agreement is on the agenda this
evening. The sign faces would be allowed to stay on the sign until sales of other vacant lots in Andover Station
0 North would dictate their removal.
Kwik Trip - Discussions continue with Kottke's Bus owner (Chuck Peterson) and Eddy Prater to make them
aware of cost sharing in order to be able to keep the project moving along. Our goal is to have a signed
assessment agreement in the next 60 days.
Restaurant Site - We continue to pursue new restaurants to purchase one of the lots in Andover Station North.
Dynamic Sealing Technologies - On March 17th the EDA agreed in concept to another time extension on their
purchase option. The time extension is on this evening's agenda.
Banners - The EDA will review the final design ofthe banners this evening.
Andover Station North Ballfield Facility - Grand Opening is being planned for April 30th (see back of this page)
Annual Business Development Day Golf Tournament- Set for June 17th (see back of this page). If you want to
attend the banquet please contact Brenda Holmer at (763) 767-5141.
ACTION REQUESTED
This is an informational update only, no action is requested.
Respectfully submitted, ~
Will Neumeister toe
0 Attachment (on reverse)
GRAND OPENING II
For the public or those that love the game of baseball, the grand opening for
the new Andover Station North Ballfield Facility is scheduled for 6:00 p.m. on
Thursday, April 30th. Many of the improvements that have been worked on over
the past couple years are now completed. Improvements include 3 new baseball
fields, parking lots, ballfield lighting for two of the fields, playground equipment a
sliding hill and a new building that will have concessions and restrooms available.
EOne is encouraged to participate. If you would like to help with the grand COME &
CHECK OUT...
openmg, contact Mike Keeney with the Andover Baseball Association at (763)
434-8465. THE 8TH ANNUAL
ANNUAL "BUSINESS DEVELOPMENT ARBOR DAY EVENT:
DAY" GOLF TOURNAMENT "TREE TIME"
Dust off the clubs and get ready for another exciting Business Saturday, April 25th
Development Golf Tournament. This year's tournament Public Works Complex
will be held at Greenhaven on Wednesday, June 17th. Besides 9:00 a.m.-3:00 p.m.
the opportunity to golf, it is excellent for networking with . Free seedlings for Andover residents;
businesses in Andover. At the end of the day there will be
a dinner and you will hear a presentation on all the new . Talk with U of M Master Gardeners
businesses that have located in Andover and those that are about tree and shrub care;
planning to move into the City. . Free literature on various tree and
shrub topics;
. Register to win a free tree;
. Set up will be near the recycling center
7th Annual Andover "Business Development Day" as you leave the complex on Andover
Golf Tournament Recycling Day.
Date: Wednesday, June 17, 2009 SPECIAL NOTE: plan ahead before you
Time: Registration - 11 :00 a.m. pick up and plant your seedlings. For
helpful tips, go to the web site and follow
Shotgun Start Tee-off: 12:00 noon the links "City Departments," "Natural
Place: Greenhaven Golf Course I Resources" and "Seedlings."
$75 per person includes golf, cart and dinner With questions, contact Kameron
Dinner & Program: 5:00 p.m. I Kytonen, Natural Resources Technician
Call the City for details and/or to get a flyer at (763) 767-51411 at (763) 767-5137
(j)
0
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 Directo
FROM: Will Neumeister, Director of Community Development~
SUBJECT: Hold Special Meeting of Board of Directors/Andover Station North
Owners Association
DATE: April 21, 2009
INTRODUCTION
A special meeting of the Andover Station North Owners Association needs to be held to
0 discuss:
. Adoption of the original Bylaws of the corporation from October 2002;
. Recognition of Joyce Twistol and Sheri Bukkila as new directors of the
corporation;
. Execution of new corporate Bylaws, identical to those originally executed in or
about October of2002.
The City Attorney has advised that these things must be done as the original document
was signed, were not recorded, and cannot be found.
ACTION REQUIRED
The EDA is asked to hold a special meeting of the Board of Directors for the Andover
Station North Owners Association and act on the three items listed above.
Respectfully submitted,
. ~
Will Neumeister
Attachments
Public Notice
0 Document Prepared by City Attorney
Original By Laws (Andover Station North Owners Association)
0 NOTICE OF SPECIAL MEETING
OF THE
ANDOVER STATION NORTH OWNERS ASSOCIATION
APRIL 21, 2009
NOTICE IS HEREBY GIVEN that a special meeting of the Andover Station North Owners
Association will be held on Tuesday, April 21, 2009, at the Andover City Hall, 1685 Crosstown
Boulevard NW, Andover, MN 55304. The special meeting"will begin at 6:00 p.m. to discuss
adoption of the original Bylaws of the corporation from October 2002; recognition of Joyce
Twistol and Sheri Bukkila as new directors of the corporation; and the execution of new
corporate Bylaws, identical to those originally executed in or about October of2002.
~ R ~...... f;~
f ' '. chael R. Gamache
Director/Chairman
0
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0 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF
Andover Station North Owners Association
A special meeting of the Board of Directors of the above named
corporation was held on the _ day of April, 2009, at 1685 Crosstown
Boulevard NW, Andover, Minnesota.
There were present the following: Michael R. Gamache, Don
Jacobson, Julie Trude, Mike Knight, and Robert Nowak, Sr., being five of the
original nine directors of this corporation.
Absent from the meeting were the following: Ken Ortel, Fred Larson
III, Edward F. Schulte, and Terri Olsen, the remaining four directors of the
original nine directors of this corporation.
Also present were the following: Joyce Twistol and Sheri Bukkila,
two new Board of Directors since incorporation.
Michael R. Gamache acted as Chairman of the meeting and made a
record of the business transacted thereat.
0 The corporation has been informed that the original, executed copy
of the Bylaws of the corporation, executed in or about October of 2002, has been
misplaced and cannot be located. At the time of its execution in 2002, Michael R.
Gamache, Don Jacobson, Julie Trude, Mike Knight, and Robert Nowak, Sr. were
all directors of the corporation and executed the Bylaws at that time.
Since the formation of the original Board of Directors in 2002, Ken
Orttel, Fred Larson III, Edward F. Shultz, and Terri Olsen have ceased being
members of the Board of Directors, and have been replaced by Joyce Twistol
and Sheri Bukkila.
The directors desire that a record be made,
identifying and
confirming acceptance of the original Bylaws of the corporation as the same were
accepted and executed in or about October of 2002. To that end, attached hereto
as Exhibit A, and based upon information and belief, is a true and correct
unexecuted copy of the original Bylaws of the corporation.
The directors further desire to officially recognize Joyce Twistol and
Sheri Bukkila as new directors of the corporation.
The directors further desire to execute Bylaws of the corporation, in
0 conformity with those previously executed in or about October of 2002, signed by
the current Board of Directors, with the expectation that the same may be relied
upon as applicable as of the date of the originally executed Bylaws of the
corporation.
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0 Having duly discussed and considered, these matters, on motion
made and seconded, the Board of Directors agree as follows:
RESOLVED: That the unexecuted Bylaws attached hereto as
Exhibit A are hereby deemed to be a true and correct copy of the
original Bylaws adopted and accepted by the corporation in or about
October of 2002.
RESOLVED FURTHER: That Joyce Twistol and Sheri Bukkila are
hereby appointed as new directors of the corporation to replace
those exiting directors, to serve in said capacity as set forth in the
Bylaws.
RESOLVED FURTHER: That the current Board of Directors shall
execute new Bylaws, identical to those originally executed in or
about October of 2002, with the expectation that the same may be
relied upon as having been in full force and effect since October of
2002.
There being no further business to come before the meeting, the
same was duly adjourned.
0
Michael R. Gamache, Director/Chairman
Don Jacobson, Director
Julie Trude, Director
Mike Knight, Director
Robert Nowak, Sr., Director
Joyce Twistol, Director
0 Sheri Bukkila, Director
-y-
0 BYLAWS
OF
ANDOVER STATION NORTH OWNERS ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of the corporation is the ANDOVER STATION NORTH OWNERS
ASSOCIATION hereinafter referred to as the II Association." The principal office of
the corporation shall be located at 1685 Crosstown Boulevard NW, Andover,
Minnesota 55304, but meeting and members and directors may be held at such
places within the State of Minnesota, County of Anoka, as may be designated by
the Board of Directors.
0 ARTICLE II
DEFINITIONS
Section 1. "Association" shall; mean and refer to the ANDOVER STATION
NORTH OWNERS ASSOCfA TION, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property
described in the Declaration of Covenants, Conditions and Restrictions, and such,
additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 3. IILot" shall mean and refer to any plat of land shown upon any
recorded subdivision map of the properties.
0 Section 4. "Owner" shall mean and refer to the record owner, whether one
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0 or more persons or entities, of the fee simple title to any Lot which is a part of the
properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 5. "Declarant" shall mean and refer to the Andover Economic
Development Authority, a body corporate and politic, its successors or assigns.
Section 6. "Declaration" shall mean and refer to the Declaration of
Covenants, Conditions and Restrictions applicable to the properties recorded in the
office of the County Recorder for Anoka County, Minnesota, as Andover Station
North.
Section 7. "Members" shall mean and refer to those persons entitled to
membership as provided in the Declaration.
0 ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the members shall
be held within one year from the date of incorporation of the Association, and each
subsequent regular annual meeting of the members shall be held on the same day
of the same month thereafter, at the hour of 7:00 o'clock P.M. If the day for the
annual meeting is a legal holiday, the meeting will be held at the same hour on the
first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be
called at any time by the President or by the Board of Directors, or upon written
0 request of the members who are entitled to vote ~ of all votes of the membership.
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0 Section 3. Notice of Meetings. Written notice of each meeting of the
members shall be given by, or at the director of, the secretary or person authorized
to call the meeting, by mailing a copy of such notice, postage prepaid, at least
fifteen (15) days before such meeting to each member entitled to vote thereat,
addressed to the member's address last appearing on the books of the Association,
or supplied by such member to the Association for the purpose of notice. Such
notice shall specify the place, day, and hour of the meeting, and, in the case of a
special meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to
cast or proxies entitled to case, twenty~five (25%) percent of the votes of the
members shall constitute a quorum from any action unless otherwise provided in
0 th Articles of Incorporation, the Declarations, or these Bylaws. If, however, such
quorum shall not be present or represented at any meeting, the members present
and entitled to vote shall have power to adjourn the meeting from time to time,
without notice other than announcement at the meeting, until a quorum as
aforesaid shall be present or represented.
Section 5. Proxies. At all meetings of members, each member may vote in
person or by proxy. All proxies shall be in writing and filed with the Secretary.
Every proxy shall be revocable and shall automatically cease upon conveyance by
the member of his Lot.
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0 ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Association shall be managed by a
Board of nine (9) Directors, who need not be members of the Association.
Notwithstanding anything to the contrary herein, the City of Andover shall
perpetually be entitled to have one non-voting member of the Board of Directors of
the Association.
Section 2. Term of Office. At the first annual meeting the members shall
elect four (4) directors for a term of one (1) year, five (5) directors for a term of
three (3) years; and at such annual meeting thereafter the members shall elect nine
(9) directors for term of three (3) years.
0 Section 3. Removal. Any Director may be removed from the Board, with or
without cause, by a majority vote of the members of the Association. In the event
of death, resignation or removal of a director, a successor shall be selected by the
remaining members of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation. No director shall receive compensation for any
. service the director may render to the Association. However, any director may be
reimbursed for actual expenses incurred in the performance of duties.
Section 5. Action Taken Without a Meeting. The Directors shall have the
right to take any action in the absence of a meeting which they could take a
0 meeting by obtaining the written approval of all the Directors. Any action so
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0 approved shall have the same effect as though taken at a meeting of the Directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination for election to the Board of Directors shall be made
by a Nominating Committee. Nominations may also be made from the floor at the
annual meeting. The Nominating Committee shall consist of a chairman, who shall
be a member of the Board of Directors, and two or more members of the
Association. The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members to serve from the close of
such annual meeting until the close of the next annual meeting and such
appointments shall be announced at each annual meeting. The Nominating
0 Committee shall make as many nominations for election to the Board of Directors
as it shall in its discretion determine, but not less than the number of vacancies
that are to be filled. Such nominations may be made from among members or
nonmembers.
Section 2. Election. Election to the Board of Directors shall be by secret
written ballot. At such election the members or their proxies may cast, in respect
to each, vacancy, as many votes as they are entitled to exercise under the
provisions of the Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
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0 ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors
shall be held monthly without notice, at such place and hour as may be fixed from
time to time by resolution of the Board. Should said meeting fall upon a legal
holiday, then that meeting should be held at the same time on the next day which
is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board of Directors
shall be held when called by the President of the Association, or by any two
directors, after not less than three days notice to each director.
Section 3. Quorum. A majority of the number of directors shall constitute a
0 quorum for the transaction of business. Every act or decision done or made by a
majority of the directors present at a duly held meeting or which a quorum is
present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUITES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) Adopt and publish rules and regulations governing the use of the
Common Area and the maintenance thereof.
(b) Levy assessments as more fully set forth in Article XI of these Bylaws
and in the Declarations, for the maintenance, repair and insurability of
the Common Area;
(c) Exercise for the Association all powers, duties and authority vested in
0 or delegated to this Association and not reserved to the membership
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0 by other provisions of these Bylaws, the Articles of Incorporation, or
the Declaration;
(d) Declare the office of a member of the Board of Directors to be vacant
in the event such member shall be absent from three consecutive
regular meetings of the Board of Directors;
(e) Employ a groundskeeper, an independent contractor, or such others as
the Board deems necessary, to insure the continued maintenance of
the Common Area; and
(f) Obtain liability insurance for the Common Area in an amount deemed
appropriate by the Board.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(a) Cause to be kept a complete record of all its acts and corporate affairs
and to present a statement thereof to the members at the annual
meeting of the members, or at any special meeting when such
statement is requested in writing by a %. of the members who are
entitled to vote;
0 (b) Supervise alf offices, agents and employees of the Association and to
see that their duties are properly performed;
(c) As more fully provided in the Declaration, to:
(1 ) Fix the amount of the annual assessment against each lot at
least thirty (30) days in advance of each annual assessment;
(2) Send written notice of each assessment to every owner subject
thereto at least thirty (30) days in advance of each annual
assessment; and
(3) Foreclose the lien against any property for which assessments
are not paid within thirty (30) days after due date or to bring an
action at law against the owner personally obligated to pay the
same.
(d) Issue or to cause an appropriate office to issue, upon demand by any
person, a certificate setting forth whether or not any assessment has
been paid. A reasonable charge may be made by the Board for the
0 issuance of these certificates. If a certificate states an assessment
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0 has been paid, such certificate shall be conclusive evidence of such
payment;
(e) Procure and maintain adequate liability and hazard insurance on the
Common Area;
(f) Cause all officers or employees having fiscal responsibilities to be
bonded, as the Board may deem appropriate.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officer of this Association shall be a
president and vice-president, who shall at all times be members of the Board of
Directors, a secretary, and a treasurer, and such other officers as the Board may
from time to time by resolution create.
0 Section 2. Election of Officers. The election of officers shall take place at
the first meeting of the Board of Directors following each annual meeting of the
members.
Section 3. Term. The officers of this Association shall be elected annually
by the Board and each shall hold office for one (1) year unless he shall sooner
resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers
as the affairs of the Association may require, each of whom shall hold office for
such period, have such authority, and perform such duties as the Board may, from
time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from
0
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0 office with or without cause by the Board. Any officer may resign at any time
giving written notice to the Board, the president or the secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time specified
therein, and unless otherwise specified therein, the acceptance of such resignation
shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment
by the Board. The officer appointed to such vacancy shall serve for the remainder
of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of secretary and treasurer may be
held by the same person. No person shall simultaneously hold more than one of
any of the other offices except in the case of special offices created pursuant to
0 Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President
(a) The president shall preside at all meetings of the Board of Directors;
shall see that orders and resolutions of the Board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and shall co-sign all checks
and promissory notes.
Vice-President
(b) The vice-president shall act in the place and stead of the president in
the event of his absence, inability, or refusal to act, and shall exercise and
0 discharge such other duties as may be required of him by the Board.
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0 Secretary
(c) The secretary shall record the votes and keep the minutes of all
meetings and proceedings of the board and of the members; keep the corporate
seal of the Association and affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the members; keep appropriate current record.
showing the members of the Association together with their addresses, and shall
perform such other duties as required by the Board.
Treasurer
(d) The treasurer shall receive and deposit in appropriate bank accounts all
monies of the Association and shall disburse such funds as directed by resolution
of the Board of Directors; shall sign all checks and promissory notes of the
0 Association; keep proper books of account; cause an annual audit of the
Association books to be made by a public accountant at the completion of each
fiscal year; and shall prepare an annual budget and a statement of income and
expenditures to be presented to the membership at its regular annual meeting, and
deliver a copy of each to the members.
ARTICLE IX
COMMITTEES
The Association shall appoint a Nominating Committee, as provided in these
Bylaws. In addition the Board of Directors shall appoint other committees as
deemed appropriate in carrying out its purpose.
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0 ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any member. The
Declaration, the Articles of Incorporation and the Bylaws of the Association shall be
available for inspection by any member at the principal office of the Association,
where copies may be purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay
to the Association annual and special assessments which are secured by a
0 continuing lien upon the property against which the assessment is made. Any
assessments which are not paid when due shall be delinquent. If the assessment is
not paid within thirty (30) days after the due date, the assessment shall bear
interest from the date of delinquency at the rate of six (6%) percent per annum or
the maximum allowable by law, whichever is greater, and the Association may
bring an action at law against the owner personally obligated to pay the same or
foreclose the lien against the property, and interest, costs, and reasonable attorney
fees of any such action shall be added to the amount of such assessment. No
owner may waiver or otherwise escape liability for the assessments provided for
herein abandonment of his Lot.
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0 ARTICLE XII
AMENDMENTS
Section 1. These Bylaws may be amended, at a regular or special meeting
of the members, by a vote of a majority of a quorum of members present in person
or by proxy.
Section 2. In the case of any conflict between the Articles of Incorporation
and these Bylaws, the Articles shall control, and in the case of any conflict
between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE XIII
MISCELLANEOUS
The fiscal year of the Association shall begin on the 11t day of January and
0 end on the 311t day of December of every year, except that the first fiscal year
shall begin on the date of incorporation.
IN WITNESS WHEREOF, we being all of the directors of the ANDOVER
STATION NORTH OWNERS ASSOCIATION have hereunto set our hands this
day of , 2002.
Michael R. Gamache
Don Jacobson
Julie Trude
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0
Mike Knight
Ken Orttel
Fred Larson III
Robert Nowak Sr.
Edward F. Schu Ite
Terri Olsen
STATE OF MINNESOTA )
0 ) SS.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2002, by Michael R. Gamache, Don Jacobson, Julie Trude,
Mike Knight, Ken Orttel, Fred larson III, Edward F. Schulte, Terri Olsen and Robert
Nowak Sr. of the ANDOVER STATION NORTH OWNERS ASSOCIATION, a
Minnesota corporation, on behalf of the corporation.
Notary Public
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0 CERTrFICA TrON
I, the undersigned, do hereby certify:
THAT, I am duly elected and acting secretary of the ANDOVER STATION
NORTH OWNERS ASSOCrA TrON, a Minnesota corporation, and,
THAT the forgoing Bylaws constitute the original Bylaws of said Association,
as duly adopted at a meeting of the Board of Directors thereof, held on the
day of , 2002.
IN WITNESS WHEREOF, I have hereunto subscribed my name on behalf of
said Association this day of , 2002.
Secretary
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0 ANDOVER STATION NORTH OWNERS ASSOCIATION
ACTION OF THE INCORPORATOR
BY UNANIMOUS WRITTEN CONSENT
The undersigned, being the incorporator named in the Articles of
Incorporation of the Andover Station North Owners Association, a Minnesota
corporation, gives his written consent to the adoption of the resolutions set forth
below and instructs the secretary of the corporation to file this writing with the
minutes of the corporation:
I.
RESOLVED, that the following persons are elected
directors of the corporation to serve until their successors
are elected:
0 Michael Gamache
Don Jacobson
Julie Trude
Mike Knight
Ken Orttel
Fred Larson 1/1
Robert Nowak Sr.
Edward .F. Schulte
Terri Olsen
II.
RESOLVED, that the Bylaws prepared by counsel to the
corporation and reviewed by the directors are adopted as
the Bylaws of this corporation, and the Secretary is
instructed to mark a copy for identification and place it
with the minutes of the corporation.
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0 m.
RESOLVED, that the following named persons be elected
to serve in the offices set forth opposite their respective
names until their successors shall have been elected and
shall qualify:
Michael Gamache President
John Erar Secretary !Treasurer
IV.
RESOLVED, that this corporation establish an account for
the deposit of the corporation's fund with Wells Fargo
Bank, Anoka, Minnesota.
RESOLVED, that the Secretary is instructed to prepare
and certify (and attach to this writing as an Exhibit) the
appropriate form of resolutions required by the bank to
evidence the authority conferred by these resolutions,
and such resolutions are thereupon hereby incorporated
0 and adopted by reference to the same extend as if set
forth in full herein.
V.
RESOLVED, that this corporation shall not have a
corporate seal.
VI.
RESOLVED, that the fiscal year of this corporation shall
end on December 31 .
Effective Date:
William G. Hawkins
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