2006-07-17 CC Agenda PacketAlbertville
smam Taum .ftatv wo.
ALBERTVILLE CITY COUNCIL
AGENDA
DULY 17, 2006
7:00 PM
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
3. MINUTES
A. July 5, 2006 City Council minutes (pgs. 3-11)
4. CITIZEN FORUM — (10 Minute Limit)
5. CONSENT AGENDA
A. Approve payment of claims check numbers 023039 to 023098 (pgs. 13-20)
B. Approve application for 3.2 Malt Liquor License for the Knights of Columbus # 4174
for Saturday and Sunday, July 29 and July 30, 2006 at Central -City Park for Park
Improvements
C. Approve Bonestroo's recommendation for Application for Payment No. 5 for City Hall
Construction to Breitbach in the amount of $383,325 (pgs. 21-23)
D. Accept Bid of $1.00 each for two Playground Equipment (spring mounted) to Denise
Prow from Four Seasons Park
E. Accept Bid of $59.00 for Big or Small Slide to John Vetsch from Four Seasons Park
F. Accept Bid of $5.00 for Swinging Park Bench to Ryan Zachman from Four Seasons
Park
G. Accept Bid of $5.00 for Stable Park Bench to Ryan Zachman from Four Seasons Park
6. ACTION ON PULLED CONSENT ITEMS
7. DEPARTMENT BUSINESS
A. Building Department
1). Monthly Building Permit Update (pgs. 25-26)
B. Planning and Zoning
1). Set Monday, August 7, 2006 as a Public Hearing for Albertville Plaza 2" d
Addition
0
C. Engineering
1). 52nd Street NE Improvements Project (pgs. 27-28)
a. Approve Resolution No. 2006-xx entitled a Resolution Awarding Contract
52nd Street NE Improvements
2). 2006 Street Overlay Project (handout)
a. Approve Resolution No. 2006-xx entitled a Resolution Awarding Contract
for the 2006 Overlay Project
3). Winkleman Building Complex — Schultz and Schupp LLC (Full Concrete
Building) (discussion item)
D. Legal
1). Request to set Monday, August 7, 2006 as a Public Hearing for a Vacation of the
Drainage and Utility Easement for Albertville Plaza 2nd Addition
2). Railroad Purchase Agreement (pgs. 29-52)
E. Administration
1). Written Report (handout)
2). Request for Council Action on City Hall South Parking Lot (pgs. 53-55)
3). Advanced Fitness Discussion
8. ADJOURNMENT
•
•
2
• ,lbert � e
SntcM Town WhuL eta Ctu urn.
ALBERTVILLE CITY COUNCIL
July 5, 2006
Albertville City Hall 7:00 PM
PRESENT: Mayor Don Peterson, Council members John Vetsch, Tom Fay, Ron Klecker, and
LeRoy Berning, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, Assistant
City Planner Cassie Schumacher-Georgopoulos, City Administrator Larry Kruse, Finance
Director Tina Lannes, and City Clerk Bridget Miller
Mayor Peterson called the Albertville City Council meeting to order at 7:00 p.m. followed by the
Pledge of Allegiance.
ADOPT AGENDA
MOTION BY Council member Klecker, seconded by Council member Berning to approve the
agenda as amended and on file in the office of the City Clerk. Motion carried unanimously.
• Add under Administration — City Hall location of gas meter
under Building Department — Resolution No. 2006-xx entitled Resolution
Establishing Administrative Enforcement Civil Penalty Schedule
Remove under Legal — Railroad Purchase Agreement
under Planning Department — Approve Resolution No. 2006-xx entitled a
Resolution Approving a Modified Development Program for Development
District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing
District No. 12
MINUTES
MOTION BY Council member Berning, seconded by Council member Klecker to approve the
June 19, 2006 regular City Council minutes and June 26, 2006 City Council workshop notes as
presented on file in the office of the City Clerk. Motion carried unanimously.
CITIZEN FORUM
Mayor Peterson asked if there was anyone in the audience that wished to discuss an item that is
not already on the agenda.
Sharon Oakvik requested Council approval to allow the neighborhood to block off Kahl Avenue
• NE for approximately two (2) hours on Tuesday, August 1 during National Night Out. Ms.
Oakvik stated she would like to have the Albertville Fire Department visit their neighborhood.
MOTION BY Mayor Peterson, seconded by Council member Berning to allow the residents to
block off a portion of Kahl Avenue NE on Tuesday, August 1, 2006 for approximately two (2) is
hours during National Night Out provided Ms. Oakvik notify the Albertville Fire Department.
Motion carried unanimously.
Ms. Oakvik reminded the Council that she appeared before them about a month ago informing
them of the situation in the neighborhood with the amount of rental units and other general
nuisance items. One of the items was a car with expired license tabs, which is still parked on the
driveway with the expired tabs.
City Administrator Kruse informed the Council he talked with a Wright County Deputy to
investigate the car and has not heard back from the officer. Kruse will contact the Sheriff's
Department to obtain an update and report back to the Council at a future meeting.
CONSENT AGENDA
MOTION BY Council member Fay, seconded by Council member Klecker to approve the
consent pulling items D. Motion carried unanimously.
A. Approve payment of claims check numbers 022979 to 023031
B. Approve Bonestroo's recommendation for Application for Payment No. 4 for City Hall
Construction to Brietbach Construction in the amount of $450,205
C. Approve SEH Engineer's recommendation for Application for Payment No. 7 for 2004
STMA Ice Arena Expansion to KUE Contractors in the amount of $2,634 is
D. Approve SEH Engineer's recommendation for Application Payment No. 7 for 2003
CSAH 19 Upgrade to Buffalo Bituminous, Inc. in the amount of $47,444.95
E. Approve SEH Engineer's recommendation for Application Payment No. 4 for 2005
CSAH 37 Trail to Omann Brothers, Inc. in the amount of $24,327.36
ACTION ON PULLED CONSENT ITEMS
Approve SEH Engineer's recommendation for Application Payment No 7 for 2003 CSAH 19
Upgrade to Buffalo Bituminous Inc in the amount of $47,444.95
MOTION BY Council member Fay, seconded by Council member Klecker to approve SEH
Engineer's recommendation for Application Payment No. 7 for 2003 CSAH 19 Upgrade to
Buffalo Bituminous, Inc. in the amount of $47,444.95. Motion carried unanimously.
PUBLIC HEARING
Alcohol Compliance Check
Mayor Peterson opened the public hearing at 7:09 p.m.
City Attorney Couri reported that according to the Albertville City Code the City Council
adopted what is perceived as guidelines in place by the State of Minnesota. The Council may •
0
impose a civil fine not to exceed two thousand dollars ($2,000.00), for each violation upon
finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance
relating to alcoholic beverages.
Wright County Human Services representative Jill Hylla was present to answer any questions the
Council may have.
Council informed Ms. Hylla that the officers that were present at the June 5 meeting stated that
Wright County was considering charging violators criminally rather than civilly. Is Wright
County going to begin charging violators criminally?
Ms. Hylla confirmed that Wright County will be handling Alcohol Compliance Checks
criminally in the future. Not only will the establishment be charged but the individual
serving/selling the alcohol will be charged with a fine, which will require them to appear before
the judge.
Council member Klecker inquired as to how many of the establishments present have a scanning
system in their restaurant.
Three (3) of the four (4) present stated they have the scanning system, but are not currently using
it to calculate the age of a customer.
Mayor Peterson asked if there was anyone of the public that wishes to speak before the Council
regarding the public hearing.
There was no establishment that wished to speak before the Council regarding the public
hearing.
Mayor Peterson asked for the second time if there was anyone of the public that wishes to speak
before the Council regarding the public hearing.
There was no establishment that wished to speak before the Council regarding the public
hearing.
Mayor Peterson asked for the third time if there was anyone of the public that wishes to speak
before the Council regarding the public hearing.
There was no establishment that wished to speak before the Council regarding the public
hearing.
Mayor Peterson closed the public hearing at 7:14 p.m.
MOTION BY Council member Fay, seconded by Council member Klecker to fine the 152 Club
a $500 first violation fine for failed alcohol compliance check conducted on Monday, May 15,
2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council
• member Vetsch voted nay.
MOTION BY Council member Berning, seconded by Mayor Peterson to fine Full Moon Saloon •
and Bar a $500 first violation fine for failed alcohol compliance check conducted on Monday,
May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye.
Council member Vetsch voted nay.
MOTION BY Council member Berning, seconded by Council member Fay to fine Geez Sports
Bar and Grille a $500 first violation fine for failed alcohol compliance check conducted on
Monday, May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted
aye. Council member Vetsch voted nay.
MOTION BY Mayor Peterson, seconded by Council member Fay to fine Major's Sports Cafe a
$1,000 second violation fine for failed alcohol compliance check conducted on Monday, May 15,
2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted aye. Council
member Vetsch voted nay.
MOTION BY Council member Berning, seconded by Council member Klecker to fine Rosetti's
Pizza and Pasta a $500 first violation fine for failed alcohol compliance check conducted on
Monday, May 15, 2006. Mayor Peterson, Council members Fay, Klecker, and Berning voted
aye. Council member Vetsch voted nay.
DEPARTMENT BUSINESS
PUBLIC WORKS
Set date of July 10, 2006 as next Parks & Recreation meeting
MOTION BY Council member Berning, seconded by Mayor Peterson to set Monday, July 10,
2006 at 7:00 p.m. as the next Parks and Recreation Committee meeting. Motion carried
unanimously.
Re -schedule July 5. 2006 Public Works Committee meeting to Monday, August 7 2006
MOTION BY Council member Beming, seconded by Mayor Peterson to re -schedule the July 5,
2006 Public Works Committee meeting to Monday, August 7, 2006 at 6:00 p.m. Motion carried
unanimously.
Wastewater Treatment Facilitv U
City Administrator Kruse stated that at a previous meeting the Council inquired about sludge
removal. Superintendent Middendorf has provided the Council with a status update, which is
included in the packet.
0
561
• FINANCE DEPARTMENT
Accounts Receivable Update
Finance Director Lannes reported that the total accounts receivable outstanding through June 28
is $52,188.10. The majority of the over 90 days outstanding is due to Gold Key Development,
Yearwood Development and the St. Michael -Albertville School District.
Project Status Update
Finance Director Lannes asked if there were any questions or concerns pertaining to the Project
Status Update, which is included in the packet.
Quarterly Budget Update
Finance Director Lannes stated that the City is currently at 12.8% of its annual budgeted
expenses in the General Fund. The expenses are at 29.7% of the annual budget. Various taxes
and county grant for the second quarter recycling are not received until July.
Park Dedication Fund Balance Update
Finance Director Lannes reported that the available Park Dedication funds are $210,838, which
$60,000 is designated for the purchase of railroad property and $40,000 to upgrade the Four
Seasons park equipment. The balance of $110,838 is designated for Winter Park, Hunter's Park
and any future upgrades to any public park within the Albertville city limits.
Set 2007 Budget Workshop(sl
Council set the first Budget Workshop meeting for Tuesday, August 1, 2006 at 6:30 p.m. and a
second meeting for Wednesday, August 9, 2006 at 6:30 p.m.
BUILDING DEPARTMENT
Rental Property pdate
City Attorney Couri stated that he had prepared a Resolution for Council to consider adopting to
bring the Administrative Fine Ordinance up-to-date. Under the Administrative Enforcement
Fine there are three classes of which have been condensed down to two; Class A and Class B.
Mr. Couri noted the fees associated with the violations are included in the resolution.
MOTION BY Council member Berning, seconded by Council member Fay to approve
Resolution No. 2006-xx entitled a Resolution Establishing Administrative Enforcement Civil
Penalty Schedule. Motion carried unanimously.
PLANNING AND ZONING
Intex — Nextex Properties _ Site _and Building Plan Review - Conditional Use Permit (CUP
Approve Resolution No. 2006-xx entitled Resolution Approving a Conditional Use Permit (Cur)
and Site Plan Review for the Intex Comoration at 5548 Barthel Industrial Drive NE
Assistant City Planner Schumacher-Georgopoulos reported that Intex Corporation (Nextex
Properties) has submitted an application for Site and Building Plan Review and Conditional Use
Permit (CUP). The application is for a new industrial building to house a concrete crushing
•
7
equipment repair business. Therefore no concrete crushing will be conducted at the site. The
proposed outdoor storage area will house their equipment. 0
According to the report, the entire outdoor storage area must be fenced with a six (6) foot fence.
A Fence Permit application is required with details of the fence materials and layout, which must
be supplied along with written permission from the adjacent property owners.
Elevations and location of the trash enclosures must be provided to demonstrate compliance with
building material requirements.
Site circulation is subject to the review and approval by the Fire Inspector to ensure appropriate
fire lanes have been provided to accommodate the City's fire protection equipment.
The applicant must provide a more specific lighting plan and photometric analysis of the
proposed lighting for the parking lot and building.
The west garage doors must remain closed when operations or repairs are being conducted. The
doors must also remain closed after 5:00 p.m. and weekends except when vehicles are entering
or departing the building.
Six (6) foot screening along the southern and eastern edge of the pond was removed from
resolution entitled Resolution Approving a Conditional Use Permit (CUP) and Site and Building
Plan Review for the Intex Corporation at 5548 Barthel Industrial Drive NE. Along with the item
pertaining to "no concrete crushing may occur on site" was amended to read "No concrete
crushing or storage of crushed concrete may occur on site." 0
Brian Buhl, applicant for Intex Corporation (Nextex Properties), was present to address any
questions or concerns the Council may have.
MOTION BY Council member Berning, seconded by Council member Klecker to approve
Resolution No. 2006-xx entitled a Resolution Approving a Conditional Use Permit (CUP) and
site and Building Plan Review for the Intex Corporation (Nextex Properties) with
recommendations from the Planning and Zoning Commission and with staff recommendations.
Motion carried unanimously.
Winkleman Building Complex — Schultz and Schupp LLC (Eull Concrete Building) --Approve
Ordinance No. 2006-09 entitled an Ordinance Amending the Zoning Map for a Certain Propertv
within the City of Albertville from I-1. Limited Industrial to B14. General Business -Approve
Resolution No. 2006-xx entitled a Resolution Approving a Modified Development Program for
Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing
District No. 12 - Approve Resolution No 2006-xx entitled a Resolution Approving a
Comprehensive Plan Amendment for Schultz & Schupp LLC at 5836 Large Avenue NE -
Approve Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat for Schultz
& Schupp LLC at 5836 Large Avenue NE - Approve Resolution No 2006-xx entitled a
0
Resolution Approving a Conditional Use Permit & Site Plan Review For Schultz & Schupp LLC
at 5836 Large Avenue NE
Assistant City Planner Schumacher-Georgopoulos informed the Council that Schultz and Schupp
LLC has submitted an application for a comprehensive plan, rezoning, preliminary plat, and
conditional use permit (CUP) for the site located at 5836 Large Avenue NE within the
Albertville city limits.
The applicant is asking Council consideration to rezone the site from I-1 (Limited Industrial) to
B-4 (General Business) per Ordinance No. 2006-09 entitled an Ordinance Amending the Zoning
map for a Certain Property within the City of Albertville from I-1, Limited Industrial to B-4,
General Business.
It was noted that A Resolution pertaining to a Modified Development Program for Development
District No. 1 and Tax Increment Financing (TIF) Plan for Tax Increment Financing District No.
12 was removed from the Council agenda to be addressed at a future meeting held by the
Albertville City Council.
Resolution No. 2006-28 entitled a Resolution finding Modified Development Program for
Development District No. 1 and the Tax Increment Financing (TIF) Plan for Tax Increment
Financing (TIF) District No. 12 Consistent with the Plans for Development of the City of
Albertville was approved at the June 13, 2006 Planning and Zoning Commission meeting.
A Final Plat demonstrating the lot combination must be submitted for approval by the City prior
to the issuance of a building permit. As part of the Final Plat, it is stated that after a sidewalk is
installed along the south side of 59tb Street NE between Main Avenue NE and Large Avenue NE
is when the applicant will be required to connect the sidewalk on 59t' Street NE along Barthel
Industrial Drive NE in the right-of-way extending to the eastern property line.
Keith Schupp, representing Schultz and Schupp LLC was present at the meeting to address any
concerns the Council had regarding the application for approval.
MOTION BY Mayor Peterson, seconded by Council member Fay to approve Ordinance No.
2006-09 entitled an Ordinance Amending the Zoning Map for a Certain Property within the City
of Albertville from I-1, Limited Industrial to B-4, General Business with recommendations from
the Planning and Zoning Commission and City staff. Motion carried unanimously.
MOTION BY Council member Fay, seconded by Mayor Peterson to approve Resolution No.
2006-xx entitled a Resolution Approving a Comprehensive Plan Amendment for Schultz &
Schupp LLC at 5836 Large Avenue NE with recommendations from the Planning and Zoning
Commission and City staff. Motion carried unanimously.
MOTION BY Council member Vetsch, seconded by Council member Fay to approve
Resolution No. 2006-xx entitled a Resolution Approving a Preliminary Plat for Schultz &
Schupp LLC at 5836 Large Avenue NE contingent on access to the site with City Engineer's
review; and with recommendations from the Planning and Zoning Commission and City staff.
Motion carried unanimously.
•
9
MOTION BY Council member Fay, seconded by Council member Berning to approve •
Resolution No. 2006-xx entitled a Resolution Approving a Conditional Use Permit (CUP) and
Site and Building Plan Review for Schultz & Schupp LLC at 5836 Large Avenue NE with
recommendations from the Planning and Zoning Commission and City staff. Motion carried
unanimously.
ENGINEERING
SEH Engineer's Status Update
City Administrator Kruse informed the Council that Bob Moberg is no longer an Engineer with
S.E.H. effective June 30, 2006. Jim Schultz will complete any remaining projects in the
transition plan from S.E.H. to Bolton and Menk, Inc.
City Attorney Couri recommended not releasing the letters of credits to Albert Villas 6" until the
City Engineer has fully reviewed the individual sites in detail with the variance.
LEGAL
Approve Ordinance No. 2006-10 entitled an Ordinance Amending the 2005 Albertville
Municipal City Code Relating to Public Safety by adding Title 6, Chapter 6, Prohibiting Sexual
Offenders and Sexual Predators from Residing within a Proscribed Distance from Selected
Properties
City Attorney Couri reported that at the June 19, 2006 Council meeting it was brought to his
attention that the Council wanted to prohibit sexual offenders' residency. An ordinance has been
drafted for Council's review, the selection left for Council consideration was the distance factor
whether they wanted it to be 500 feet or 1,000 feet.
MOTION BY Mayor Peterson, seconded by Council member Klecker to approve Ordinance No.
2006-10 entitled an Ordinance Amending the 2005 Albertville Municipal City Code relating to
Public Safety by adding Title 6, Chapter 6, prohibiting Sexual Offenders and Sexual Predators
from a Proscribed Distance (1,000 feet) from Selected Properties. Motion carried unanimously.
Railroad Property Purchase Agreement
City Attorney Couri stated the Purchase Agreement is not ready for Council's approval at this
time. Couri would present the final Agreement at a future meeting.
ADMINISTRATION
Written Report
City Administrator Kruse stated that staff has advertised for bids for furniture and phones on
Monday, July 10, 2006.
•
10
• I-94 Implementation Task Force Meeting to be held on Wednesday. July 19.2006 at the Country
Inn and Suites — Albertville. MN
City Administrator Kruse brought to the Council's attention the Task Force meeting to be held
on Wednesday, July 19, 2006 at the Country Inn and Suites.
ADJOURNMENT
MOTION BY Council member Klecker, seconded by Council member Fay to adjourn at 9:45
p.m. Motion carried unanimously.
•
11
•A�Ibertvillcif
City of Albertville
Check Detail Register
July 17, 2006
Check Amt Invoice Comment
10100 Premier Bank
Paid Chk# 023039 7/17/2006 DXS TOTAL HOME CARE CENTER
E 101-42000-200 Office Supplies (GENERAL) $29.13 12470 protectant, flag hand
Total DXS TOTAL HOME CARE CENTER $29.13
Paid Chk# 023040 7/17/2006 A -TOOL SHED RENTAL & SALES
E 101-45100-530 Improvements
$102.24 8065
Ditch Witch
Total A -TOOL SHED RENTAL & SALES
$102.24
Paid Chk# 023041 7/17/2006 ALPINE HOMES
G 101-22800 Landscaping Escrow
$2,750.00
Reimb escrow 6147 Kaitlin
G 101-22800 Landscaping Escrow
$2,750.00
Reimb escrow 6128 Karman
Total ALPINE HOMES
$5,500.00
• Paid Chk# 023042 7/17/2006 ARAMARK UNIFORM SERVICES
E 601-49450-417 Uniform Rentals $14.41 629-5997248
Uniform Sery - Sewage Dept.
E 101-45100-417 Uniform Rentals
$21.60 629-5997248
Uniform Sery - Parks Dept
E 101-43100-417 Uniform Rentals
$21.60 629-5997248
Uniform Sery - PW Dept.
E 602-49400-417 Uniform Rentals
$14.41 629-5997248
Uniform Sery - Water Dept
E 601-49450-417 Uniform Rentals
$10.70 629-6002362
Uniform Sery - Sewage Dept.
E 101-43100-417 Uniform Rentals
$16.02 629-6002362
Uniform Sery - PW Dept.
E 101-45100-417 Uniform Rentals
$16.05 629-6002362
Uniform Sery - Parks Dept
E 602-49400-417 Uniform Rentals
$10.70 629-6002362
Uniform Sery - Water Dept
E 101-41940-405 Repair/Maint - Buildings
$27.69 629-6002363
CH Mats
E 101-45100-417 Uniform Rentals
$15.39 629-6012420
Uniform Sery - Parks Dept
E 602-49400-417 Uniform Rentals
$10.29 629-6012420
Uniform Sery - Water Dept
E 601-49450-417 Uniform Rentals
$10.29 629-6012420
Uniform Sery - Sewage Dept.
E 101-43100-417 Uniform Rentals
$15.44 629-6012420
Uniform Sery - PW Dept.
E 101-41940-405 Repair/Maint - Buildings
$27.69 629-6012421
CH Mats
Total ARAMARK UNIFORM SERVICES
$232.28
Paid Chk# 023043 7/17/2006 BANYON DATA SYSTEMS
E 601-49450-300 Professional Srvs (GENERAL)
$98.77 13778
Annual Support UB Win
E 602-49400-300 Professional Srvs (GENERAL)
$98.77 13778
Annual Support UB Win
Total BANYON DATA SYSTEMS
$197.54
Paid Chk# 023044 7/17/2006 BONESTROO ROSENE ADNERLIK
E 482-49300-303 Engineering Fees $17,448.74 City Hall
Total BONESTROO ROSENE ADNERLIK $17,448.74
Paid Chk# 023045 7/17/2006 BRAUN INTERTEC CORP
E 482-49300-300 Professional Srvs (GENERAL) $5,740.15 City Hall
• Total BRAUN INTERTEC CORP $5,740.15
13
July 17, 2006 - Payment of Claims - page 2
•
Check Amt Invoice Comment
Paid Chk# 023046 7/17/2006 BREITBACH CONSTRUCTION CO
E 482-49300-300 Professional Srvs (GENERAL) $383,325.00 Payment # 5 CH
Total BREITBACH CONSTRUCTION CO $383,325.00
Paid Chk# 023047 7/17/2006 CENTER POINT ENERGY
E 601-49450-383 Gas Utilities $40.14 5407574-206 6440 Maciver Ave
E 101-43100-383 Gas Utilities $47.73 5421442-406 6441 Maciver Ave
Total CENTER POINT ENERGY $87.87
Paid Chk# 023048 7/17/2006 COBORN'S
E 101-43100-215 Shop Supplies $9.33 101372922 supplies
E 101-43100-215 Shop Supplies $21.69 101372954 supplies
E 101-42000-200 Office Supplies (GENERAL) $29.33 101387627 supplies
Total COBORN'S $60.35
Paid Chk# 023049 7/17/2006 DJ'S TOTAL HOME CARE CENTER
E 101-45100-210
Operating Supplies
E 101-45100-404
Repair/Maint-
E 601-49450-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 101-43100-215
Shop Supplies
E 101-45100-210
Operating Supplies
E 101-43100-403
Repair/Maint - Catch Basins
E 101-45100-210
Operating Supplies
E 101-45100-210
Operating Supplies
E 602-49400-210
Operating Supplies
E 101-43100-215
Shop Supplies
E 601-49450-210
Operating Supplies
E 101-41940-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 601-49450-210
Operating Supplies
E 101-43100-404
Repair/Maint -
E 601-49450-210
Operating Supplies
E 101-43100-215
Shop Supplies
Total DJ'S TOTAL HOME CARE CENTER
Paid Chk# 023050 7/17/2006 DON'S AUTO & REPAIR
E 101-42000-212
Motor Fuels
E 101-42000-212
Motor Fuels
E 101-43100-400
Repair/Maint - Paved Rd
E 101-42000-212
Motor Fuels
E 101-43100-212
Motor Fuels
E 101-43100-212
Motor Fuels
E 101-45100-404
Repair/Maint-
Total DON'S AUTO & REPAIR
Paid Chk# 023051 7/17/2006 EARL F. ANDERSON, INC.
E 101-43100-226 Sign Repair Materials
Total EARL F. ANDERSON, INC.
$1.11
finance fee
$4.57 12683
spring comp weed whip
$26.02 12867
paint marking, soap, util knif
$2.76 12871
bushings, couples
$3.17 12888
clamps
$17.03 12918
trash bags
$28.69 12934
gloves, concrete mix
$21.90 12965
linetrim, chain, cut keys
$26.59 13051
liner drums, bag cleanup
$26.37 13309
cleaner, screws, tape, utility
$5.85 13313
file 6" xxslim taper card
$51.57 13413
rstp vocoilenm, crimp cup, glo
$30.63 13436
ppr towels
$4.25 13470
rstp spry
$24.53 13509
rstp spry , roller maint 9", p
$4.25 13520
rstp spry
$10.42 13528
roller 9"
$32.99 13536
rstp vocoilemn, roller maint 9
$2.82 13560
1/2 x 1 1/4 Hex Cap Gr8-F
$23.04 13661
Tray roller, roller frame, 4"
$13.82 13677
batteries
$362.38
$25.55
39849
Fuel
$50.83
40207
Fuel
$52.12
40226
propane
$101.79
40481
Fuel
$44.15
41048
Fuel
$71.66
41159
Fuel
$18.79
41229
tire
$364.89
$221.24 0072219-IN 9" street sign plates and brac
$221.24 .
•
•
14
•
July 17, 2006
- Payment of Claims -
Check Amt Invoice Comment
Paid
Chk# 023052 7/17/2006 EGGEN'S DIRECT SERVICE, INC.
E 602-49400-212
Motor Fuels
$3.51
Ser chg
E 101-43100-212
Motor Fuels
$0.75
ser chg
E 101-45100-212
Motor Fuels
$13.00
111008
Fuel
E 602-49400-212
Motor Fuels
$70.00
111011
Fuel
E 101-45100-212
Motor Fuels
$12.70
111017
Fuel
E 101-43100-212
Motor Fuels
$73,02
111018
Fuel
E 601-49450-212
Motor Fuels
$100.16
111025
Fuel
E 101-43100-212
Motor Fuels
$55.50
111028
Fuel
E 101-45100-212
Motor Fuels
$73.39
111030
Fuel
E 601-49450-212
Motor Fuels
$75.00
111033
Fuel
E 601-49450-212
Motor Fuels
$43.00
111037
Fuel
E 101-45100-212
Motor Fuels
$10.25
111039
Fuel
E 101-43100-212
Motor Fuels
$27.13
111044
Fuel
E 101-45100-212
Motor Fuels
$9.00
111050
Fuel
E 602-49400-212
Motor Fuels
$68.00
111051
Fuel
E 101-42400-212
Motor Fuels
$77.39
111057
Fuel
E 601-49450-212
Motor Fuels
$81.51
111058
Fuel
E 101-45100-212
Motor Fuels
$62.00
111174
Fuel
E 602-49400-212
Motor Fuels
$72.00
111176
Fuel
E 101-43100-212
Motor Fuels
$50.00
111180
Fuel
E 601-49450-212
Motor Fuels
$94.82
111188
Fuel
E 101-42400-212
Motor Fuels
$73.42
111344
Fuel
Total
EGGEN'S DIRECT SERVICE, INC.
$1,145.55
Paid
Chk# 023053 7/17/2006
ELERT & ASSOCIATES
E 482-49300-300
Professional Srvs (GENERAL)
$2,895.00
154676
City Hall
Total ELERT & ASSOCIATES
$2,895.00
Paid
Chk# 023054 7/17/2006
EMBARQ - IL
E 101-41940-321
Telephone
$60.40
Idst
Total EMBARQ - IL
$60.40
Paid
Chk# 023055 7/17/2006
EMBARQ-MO
E 101-43100-321
Telephone
$37.51
497-0774
E 101-43100-321
Telephone
$47.46
497-3145
E 101-41940-321
Telephone
$47.46
497-0179
E 101-41940-321
Telephone
$28.55
497-1888
E 101-42400-321
Telephone
$116.68
497-5007
E 101-41940-321
Telephone
$29.01
497-4214
E 101-41940-321
Telephone
$73.66
497-3384
E 101-42400-321
Telephone
$64.41
497-5106
E 101-42400-321
Telephone
$57.46
497-7485
E 101-42400-321
Telephone
$57.46
497-7416
E 101-41940-321
Telephone
$57.46
497-4182
E 101-41940-321
Telephone
$57.46
497-3758
E 101-41940-321
Telephone
$57.46
497-3106
E 101-42000-321
Telephone
$47.50
497-4836
E 101-41940-321
Telephone
$238.93
taxes & surcharges
E 101-41940-321
Telephone
$36.69
497-3210
E 101-41940-321
Telephone
$20.13
Idst
E 101-42000-321
Telephone
$38.55
497-7474
E 101-41940-321
Telephone
$37.51
497-0452
E 101-41940-321
Telephone
$26.65
497-2215
E 601-49450-321
Telephone
$36.69
497-0269
Total EMBARQ- MO
$1,214.69
page 3
15
July 17, 2006
— Payment of Claims -
page 4
is
Check Amt Invoice Comment
Paid Chk# 023056 7/17/2006 ENGINEERING AMERICA, INC
E 601-49450-404 Repair/Maint - $113.88 6868 4 elements
Total ENGINEERING AMERICA, INC $113.88
Paid Chk# 023057 7/17/2006 FEDERATED CO-OPS, INC.
E 101-45100-210 Operating Supplies $23.60 F21131 Barn lime
Total FEDERATED CO-OPS, INC. $23.60
Paid Chk# 023058 7/17/2006 FLANAGAN SALES, INC
R 201-00000-34705 Park Dedication Fees
$12,478.23 12550 install shelter
Total FLANAGAN SALES, INC
$12,478.23
Paid Chk# 023059 7/17/2006 FRIENDLY CITY DAYS COMMITTEE
R 101-00000-36200 Donations
$2,500.00 donation from KC
R 101-00000-36200 Donations
$2,500.00 donation from Lions
Total FRIENDLY CITY DAYS COMMITTEE
$5,000.00
Paid Chk# 023060 7/17/2006 HENRY & ASSOCIATES
E 602-49400-407 R/M - Water Mains $436.52 10425 repair clamp for DI/CI, Valve
Total HENRY & ASSOCIATES $436.52
Paid Chk# 023061 7/17/2006 HILLUKKA, MATT
G 101-22800 Landscaping Escrow $3,000.00 reimb escrow 4911 Kassel
Total HILLUKKA, MATT $3,000.00
Paid Chk# 023062 7/17/2006 JOINT POWERS BOARD
R 602-00000-37105 Water Sales - JPB
$833.88
JP Dist Pen
R 602-00000-37130 Safe Water Test Fees
$900.76
Fed wtr test
R 206-00000-37171 WAC - JPB
$19,195.00
JPWAC
R 602-00000-37105 Water Sales - JPB
$1,725.63
JP Dist II Low
R 602-00000-37105 Water Sales - JPB
$2,177.37
JP Dist Combo
R 602-00000-37105 Water Sales - JPB
$47,085.45
JP Dist
R 602-00000-37166 Safe Water Penalty
$21.89
Fed wtr test pen
Total JOINT POWERS BOARD
$71,939.98
Paid Chk# 023063 7/17/2006 MAGIC WATER
E 101-42000-405 Repair/Maint - Buildings
$15.44 4217S
Solar salt
Total MAGIC WATER
$15.44
Paid Chk# 023064 7/17/2006 MENARDS
E 101-45100-530 Improvements
$8.12 65507b
nail spikes
E 101-45100-530 Improvements
$63.85 65523E
concrete, landscape, spikes
E 101-45100-530 Improvements
$542.46 73994
concrete, landscape, spikes, 2
Total MENARDS
$614.43
Paid Chk# 023065 7/17/2006 MGFOA
E 101-41500-208 Training and Instruction
$200.00
TLL Annual Conference
Total MGFOA
$200.00
S
16
July 17, 2006 — Payment of Claims -
page 5
s
Check Amt Invoice
Comment
Paid Chk# 023066 7/17/2006 MILLER TRUCKING/LANDSCAPING
SU
E 101-45100-210 Operating Supplies
$119.81 82579
Agglime
E 482-49300-300 Professional Srvs (GENERAL)
$90.45 82603
river rock CH wtr main
E 101-45100-210 Operating Supplies
$188.38 82659
Agglime
Total MILLER TRUCKING/LANDSCAPING SU
$398.64
Paid Chk# 023067 7/17/2006 MINNESOTA COPY SYSTEMS
E 101-41400-413 Office Equipment Rental
$274.07 148337
Copier Maintenance Agreement
Total MINNESOTA COPY SYSTEMS
$274.07
Paid Chk# 023068 7/17/2006 MONTICELLO ANIMAL CONTROL
E 101-42700-309 Animal Control Contract
$44.00 623
pick up lab mix, shep mix
Total MONTICELLO ANIMAL CONTROL
$44.00
Paid Chk# 023069 7/17/2006 MONTICELLO, CITY OF
E 101-42700-309 Animal Control Contract
$232.00 10119
Animal Control Service
Total MONTICELLO, CITY OF
$232.00
Paid Chk# 023070 7/17/2006 MTI DISTRIBUTING, INC.
E 101-45100-404 Repair/Maint-
$8.39 530193-00
E-coil
•
E 101-45100-404 Repair/Maint-
E 101-45100-404 Repair/Maint -
$8.39 530303-00
$51.02 530892-00
Nut-E coil
seal washer, nut jams
Total MTI DISTRIBUTING, INC.
$67.80
Paid Chk# 023071 7/17/2006 MUNICIPAL EMERGENCY
SERVICES
E 101-42000-584 C/O -Turnout Gear
$7,923.00 356146
turnout gear (coats, pants, su
Total MUNICIPAL EMERGENCY SERVICES
$7,923.00
Paid Chk# 023072 7/17/2006 N. A. C.
E 101-41915-306 Planning Fees
$243.75 15574
Space Aliens Landscape plan
E 101-41915-306 Planning Fees
$1,649.40 15574
Schultz & Schupp Winkelmann si
E 101-41915-306 Planning Fees
$42.75 15574
Hunters pass 2nd addn final pl
E 101-41915-306 Planning Fees
$69.30 15574
Karston Cove Townhomes
E 101-41915-306 Planning Fees
$127.70 15574
Burger King sidewalk
E 101-41915-306 Planning Fees
$144.65 15574
O'reilly site plan
E 101-41915-306 Planning Fees
$138.60 15574
Caribou Coffee sign
E 101-41915-306 Planning Fees
$493.40 15574
Shoppes at towne lakes II fina
E 101-41915-306 Planning Fees
$519.00 15574
Albertville Market Place
E 101-41915-306 Planning Fees
$565.95 15574
Clinic
E 101-41915-306 Planning Fees
$596.50 15574
Phil Morris development plan
E 101-41915-306 Planning Fees
$1,347.80 15574
Intex site plan & CUP
E 101-41915-306 Planning Fees
$1,363.75 15574
R J Marco Albertville Plaza 2n
E 101-41915-306 Planning Fees
$1,507.57 15574
Granite tops sign amendment
E 101-41915-306 Planning Fees
$34.65 15574
Fraser steel
Total N. A. C.
$8,844.77
Paid Chk# 023073 7/17/2006 NAPA AUTO PARTS
E 101-45100-404 Repair/Maint-
$121.75 611992
auto parts
.
Total NAPA AUTO PARTS
$121.75
17
July 17, 2006 — Payment of Claims - page 6
•
Check Amt Invoice Comment
Paid Chk# 023074 7/17/2006 NORTHERN WATERWORKS
E 602-49400-250 Meters for Resale $142.42 balance due from meters/credit
Total NORTHERN WATERWORKS $142.42
Paid Chk# 023075 7/17/2006 NORTHLAND TRUST SERVICE INC
E 358-47000-611 Bond Interest
$45,156.25
interest on lease revenue bond
Total NORTHLAND TRUST SERVICE INC
$45,156.25
Paid Chk# 023076 7/17/2006 OMANN BROTHERS
E 602-49400-407 R/M - Water Mains
$81.17 7076
1/2' 2341 A.C. Mix
Total OMANN BROTHERS
$81.17
Paid Chk# 023077 7/17/2006 PARAMOUNT HOMES
G 101-22800 Landscaping Escrow
$3,000.00
Reimb escrow 4947 Kassel
Total PARAMOUNT HOMES
$3,000.00
Paid Chk# 023078 7/17/2006 PAT'S 66
E 101-43100-212 Motor Fuels
$58.92 12308
Fuel
E 101-42000-212 Motor Fuels
$27.22 13104
Fuel
E 101-45100-212 Motor Fuels
$15.37 13611
Fuel
Total PAT'S 66
$101.51
i
Paid Chk# 023079 7/17/2006 PROFESSIONAL MOSQUITO CONTROL
E 101-41000-300 Professional Srvs (GENERAL)
$1,395.00 21343
July 7th services
E 101-41000-300 Professional Srvs (GENERAL)
$1,395.00 21742
July 21st services
Total PROFESSIONAL MOSQUITO CONTROL
$2,790.00
Paid Chk# 023080 7/17/2006 PROGRESSIVE BUILDING SYSTEMS
E 101-45100-530 Improvements
$250.28 2268
fabrication of 6 pcs of 24 gau
Total PROGRESSIVE BUILDING SYSTEMS
$250.28
Paid Chk# 023081 7/17/2006 QUALITY BUILDERS
G 101-22800 Landscaping Escrow
$3,000.00
Reimb escrow 10516 49th St
Total QUALITY BUILDERS
$3,000.00
Paid Chk# 023082 7/17/2006 RD HOMES
G 101-22800 Landscaping Escrow
$2,750.00
Reimb escrow 6220 Kaitlin Ave
Total RD HOMES
$2,750.00
Paid Chk# 023083 7/17/2006 RED'S PORTABLE TOILETS
E 101-45100-415 Other Equipment Rentals
$1,116.65 10520
Rental -Portable Bathrooms
Total RED'S PORTABLE TOILETS
$1,116.65
0
•
•
July 17, 2006
— Payment of Claims -
Check Amt Invoice
Paid Chk# 023084 7/17/2006 REED BUSINESS INFORMATION
E 101-43100-224 Street Overlayment $137.80 3298051
E 101-41000-300 Professional Srvs (GENERAL) $148.40 3298051
E 101-41000-300 Professional Srvs (GENERAL) $148.40 3301398
E 101-43100-224 Street Overlayment $137.80 3301398
Total REED BUSINESS INFORMATION $572.40
Paid Chk# 023085 7/17/2006 ROYS SIMMS COMMUNITY LIBRARY
R 101-00000-36200 Donations $500.00
Total ROYS SIMMS COMMUNITY LIBRARY $500.00
Paid Chk# 023086 7/17/2006 S.E.H.
E 491-49000-303 Engineering Fees
Total S.E.H.
Paid Chk# 023087 7/17/2006 SCHARBER & SONS
E 101-43100-404 Repair/Maint -
E 101-43100-404 Repair/Maint -
E 101-43100-404 Repair/Maint -
Total SCHARBER & SONS
Paid Chk# 023088 7/17/2006 ST. MICHAEL, CITY OF
E 101-43100-224 Street Overlayment
Total ST. MICHAEL, CITY OF
$10,717.20 146738
$10,717.20
$54.58 01 359794
$1.54 01 360052
$5.28 01 360059
$61.40
$9,538.06 6212006-1
$9,538.06
Paid Chk# 023089 7/17/2006 T & S TRUCKING OF BUFFALO, INC
E 101-43100-227 Street Sweeping $455.00 134
Total T & S TRUCKING OF BUFFALO, INC $455.00
Paid Chk# 023090 7/17/2006 TINKLENBERG GROUP
E 468-49000-300 Professional Srvs (GENERAL)
Total TINKLENBERG GROUP
Paid Chk# 023091 7/17/2006 VERIZON
E 101-42000-321 Telephone
Total VERIZON
Paid Chk# 023092 7/17/2006 VERNON
E 101-41100-300 Professional Srvs (GENERAL)
E 101-42050-437 Misc. Donations
Total VERNON
Paid Chk# 023093 7/17/2006 WASTE MANAGEMENT
E 101-41940-384 Refuse/Garbage Disposal
Total WASTE MANAGEMENT
$2,800.00 1203
$2,800.00
page 7
Comment
2006 Overlay project
52nd St. Improvement
52nd St. Improvement
2006 Overlay project
Donation from Lions
WWTF Expanstion
Repair machinery/equipment PC2
V-belt mower
belt
St. Overlay project
sweeping friendly city days 6/
1-94
$6.16 3684150775 Cell phone Rescue Van
$6.16
$273.36 1356477 RI Medic note pouch magnetic
$273.36 1356477 RI Medic note pouch magnetic Dona
$546.72
$161.50 1393700-159 Refuse Waste Hauler
$161.50
19
July 17, 2006 — Payment of Claims - page 8
•
Check Amt Invoice Comment
Paid Chk# 023094 7/17/2006 WATER LABORATORIES INC
E 601-49450-218 Testing Expenses $682.38 Testing Expense (CBOD-5)
Total WATER LABORATORIES INC $682.38
Paid Chk# 023095 7/17/2006 WRIGHT CTY AUDITOR/TREASURER
E 101-41800-511 Taxes on City Property $1,652.44 1st half taxes 101-022-002140
Total WRIGHT CTY AUDITOR/TREASURER $1,652.44
Paid Chk# 023096 7/17/2006 WRIGHT CTY SHERIFFS PATROL
E 101-42110-307 Police Contract Fees $36,500.00 Patrol-06-7 Sheriff Patrol 7/06
Total WRIGHT CTY SHERIFFS PATROL $36,500.00
Paid Chk# 023097 7/17/2006 WRIGHT RECYCLING
E 101-43200-308 Recycling Contract Fee $3,710.70 06/06 Service
Total WRIGHT RECYCLING $3,710.70
Paid Chk# 023098 7/17/2006 XCEL ENERGY
E 101-43160-381
Electric Utilities
$32.85 51416598070 5700 LaBeaux signal
E 601-49450-381
Electric Utilities
$40.88 51545432690 5900 County Rd 18 Swr
E 101-45100-381
Electric Utilities
$4.04 51644391160 10820 Kantar Ct
E 101-43160-381
Electric Utilities
$4,724.58 51690103800 Street Lighting - 58-59-60 St.
Total XCEL ENERGY
$4,802.35 •
10100 Premier Bank
$661,810.15
Fund Summary
10100 Premier Bank
101 GENERAL FUND
$106,562.53
201 PARK DEDICATION
$12,478.23
206 WAC FUND
$19,195.00
358 Lease Revenue Bond 2004
$45,156.25
468 CSAH 19 RAMPS/I 94 Project
$2,800.00
482 CITY HALL 2004-5
$409,499.34
491 WWTF Phase 2
$10,717.20
601 SEWER FUND
$1,622.46
602 WATER FUND
$53,779.14
$661,781.02
•
20
Off€ie: 651- 16- 600 w Fim, 65I-636-13H
J Lily 7 2006
Nit, Larry
city f Albertville
5975 Main Avcnw NE
Albertville, NIN 55301
Re. Albalville, City Hall
Ronostroo Project No- 00 102 -0 1W-0
TransmitTransmittod hcmwilb arc tour () copies of lu t for Paym"t No. 5, We bave mviewed the
request and hereby, reconnnerid approval foT payment in the aniottra of 3025�0 , Please
"ccutc the 4ocu tt r►ts and distribute as, 1°nllaws;
1 copy City of Albertvil e
2 copies l rei hwach Construction, Attn.- Mr. Ryan l3r ithacli
l copy Boncstroo, Rownc, Andlcrlik & A-5-sm-€at (uv, attn; Richard I lJelle
I so aftachcd isthel Rw Pay1questNTo- 1..
Should you have any questiom regwding th 1. project, please feef, f ze to call tie at 6 1-6(4 -
491 .
yours very truly,
ieh .1:11e
LH xv
Enclosure
•
�I rmiJ, fir'. (tali , Rorhestrr, VN, I Ah1woukee, W3 a Chk� w- , rL,
.A foms lw, A0106J9WAd OppartW"y Lapfuyvr errs tmpftwc Ow A
21
Owner ervile &975N �e NvnbFaa-1, AibertAlle, MN, 55-,VD1 -00( Dole" J u Iv 7, .1cQ6 (, cf--Aztpz� lain AvenL
ForPehDd: I No
Contracicir: Bre0bach ConsInxclon 8T2 1, stAvortpe, P
COIqTRACTOR'S REQUP-ST FOR PAYMENT
AWERVALLE CITY HALL
RRM FILE NO
SUMMWY
1 Cv" k-4 C�>nliact Anna ant
2 Charw, Order - AdOiliqn 000
3 Chi Orftr - Doduclion 000
4 Rwns*o CaWact Ammi rg
5 'Vak4a, C on Dain
, Vieliod to IT
6 4441064 ar, Hard
7 Axfoum taff*d
t Less Retwnage 6%
0 &Jbt-ow
10 Less Amount Pad Reviously
11 bqv4atel clamages -
12 AMOUNT DJE 7H IS REWEST RR. PkYA*-�-iT NO, 5
Approved ir/ C o ri I racl p r:
BREJTBACH CONSTRUCTION
See attach t-j-.f:-f-
SWK*d O-Dnlrad Cz-,mpilelion CWw
AQFw*,%*d by C
CITY OF ALSEP.TMLLE
RM
0 o%wo unj
1�1
0
22
A�rLmkrzax A�r2x Mztlrr=A'M Yc_aA. MlrEWe
F * I
,:-ee._..._.,,------------ __
............. „__...,__
DATE! M^.AMa
rl,
!AR*'r # ALbEF ITIa,- tpx Gr
Ymm lm ,"3sX,F-rWO sMsl ut rl MMPANY
APEUI Al "CN K,
e
•
5r.°.'s MAIN .AAHL' 9L
? Box 70
PRRVM FR
N��aT.�"U6 `Mt fls,+AWi %
_.
,
FGtCaSzzr1 ALbM%:rVzL:,W °tivii $+Ai.L
16.1rA CA'RCHII -CC?a -.3 #, %IC'rfr,� s L,»`°< BSR+, ,8'i!!Ei< �i
A.'RF," I'TUCTIS MWrM
",i T75 :sr, A'c°e MR,
�YYE.Y°:. P., tl''ib",
Dlsuitf.P.t. k m.
yyOe'llt
t P.iS:P
Al 'rEv llt W r i V ai
a k 3% A y It, 'Nnx4
® AWXFr£°%'s-_'$'
NINTRWIT " iM°T dalf W Ffm
°�, asgg, Lzdeyv awrovtd °tz, ,Aiav-nl "z' (, LeDi4nn-ui9
-------------- ---------------- m.____-
Mt,.lausa' C,rtC CYEN� �'a�;r 1 0
R 1
t
s�'kti^.R.xaiLC C�.�'"A a�8e%3:sPl,. i,P�t�;`�,�,L i;:s.Pa �..L.tkeL a2G: @xa"rCl: �.�d"m3�'.•g
by Lt l a Irk=1i m5° h Ira i'uyrpe nm :Tess to Pi. Cl,-ke-1 in
:rts ^cans M:T: r :",:a Mrttx. flax#;: isll ss. rz[r t3 vm h•"at 1 Ly
,Lbt :r ` fcnfi ,Ik for . vn p"n- io W ti €'i3a c for
u m l NZA w't Vrt: rucwivexi Cr,= Chu Dwlml,. �xu
Am:.i:c.uua;. >* -*,A€ far £°�y,�'at�.''87C :. as ahr is;RS belzw' 3..n mY.k„%.i'an
Wild th, e_•i=E zra m. OcnrimuoFibs. 'Mari 30
1, =;Dh�_-r S CATZ Clot 1 m
-------------
5 x. r A or 0.ser Nor , , 3 l R, 0
CA IEt V
r &sl sr, Fats A, jlisitr 3x tDIAYraa 1,1 , ... s Ala_ 00
Fs. IMa'i;'k, ;,^A.RI Aa 4,5,E TdrTATK" #&,A M, * - N, ,.... I,RU,ElNN._GCi
"s.3",.»s +lmiy `r`2£?fil4F L;7Tr"F CRr"i' 6'y35: F-,ti'S3d°t'„ ... .. . , .. 3 a �•s�".. �4a. �(➢
rt, µu4:F: .i sP.i,A.aEA. ZUe, liiF'X $; - FI ... ...,........
r a ara✓>aS rtywsnt el't n by mw ., _ _ .>.
.:uffi«SiY.A.. F.`h :.. EEim.i7'assiW°ri x:ai�#, i�+: it " de.a +•,-'._e z.
`,, . Ear .. r�' ?r sr I
tkWiii'':;[„A'Y•E P'tb; ...S .t='_ ArraAm
In acC. rUnce wift the C7:"tr4ct kncw3ga to,, :At-Cas=*l ifima C. .rulias^AL!all extLlk r%aC-ftlf
aft r'm dlR. as„hns3 ;Ae4 0,,�ab-aa. 'L.:4Avit;lr.=1 cla.a, abom�.' ?5m:�"';.rrFa., X'w\IO't.;S',n':
rh& Arc Yaz,trr, le t& tt'm C.1wro'r char, * TNP [F.Wt mt k,h
kmarzxs'jagi' ; LzE-rraLim x&tJ i iitC LhA W,,A t%Lg
FNr raa a� atdil:r t the = aaibs yI the Wirk 1:$: in,
w',tb tb'uw,,mA t wiJ k«tn cb°X.:L:ra&,L,":Aa
wa pa rwnt ^.it°. Lkk AAA uvr S.kwIll°.A"3.
.?tk..s ,.FF§.F'=,:3"s" -,m not ,P4'°7s,#&9r,i3€° :»;w +6ii°a: cKRrzrl 1,0
ygbE 4, ,:rtiv te, the a aca a r.ra . rya: iAgP rc*.
a.i}}. ,._rmmart of p4glwV, AL'Y to s,ny vagF..m
rs%:' the- COwrl..rag ,r �„'nnklIA„Yl r •a xw? wv L:Fx'..rk
23
Building Department
10 Albertville 5964 Main Avenue NE • P.O. Box 9 • Albertville, MN 55301
Small Town Uving. Big City We.Phone: 763-497-5106 • Fax: 763-497-3210
MEMORANDUM
TO: Honorable Mayor, City Council, and City Staff
FROM: Jon Sutherland, Building Official
DATE: July 12, 2006
RE: 2nd QUARTER PERMIT ACTIVITY REPORT
Thank you for your patience in waiting for the narrative portion of our Monthly Report. We arc
making headway with the back - log of roof and siding permits and storm repair work continues
to be steady.
Residential Construction Activity: April, May, and June brought 34 new single-family
dwellings. The same time frame brought 377 various residential alteration permits that consisted
mainly of roofing and siding permits from last years hail storm.
Commercial Construction Activity: Various projects include; two (2) park shelters for the
City, splitting of tenant shell only spaces at the Mall, a new bank in the old Coffee Cubby space,
various permits for the new City Hall, the new State Bank of Long Lake (Albertville!), a remodel
at the Outlet Mall, plumbing and a remodel at the new Mattress Store, plumbing and remodeling
at the Primary School, a tenant finish for the new Sunglass Hut at the mall, a tenant finish for the
new Kids Super Center at the Mall, a building alteration and commercial fence for Dennis Fehn,
an alteration to the walkout level for Life in Christ Church, a tenant finish for the Lane Bryant
Store at the Mall, we have a new Designer Fragrance at the Mall!, a new fire alarm system at
Space Aliens, a couple of commercial re — roofs and a new office inside the Quality Title
Building, We also issued a few commercial plumbing and mechanical permits. This is a lot of
fun! And a lot of Work!
Miscellaneous: Miscellaneous permits issued for signs, plumbing, mechanical, and fences
totaled 134 during this period.
Total permits: Total 727 for the year-to-date (YTD) with a construction value YTD of
$21,599,691.
Inspection Activity: This and existing work in progress generated approximately 800 related
Inspections including Rental Licensing, complaints and zoning enforcement.
Sign Code: Sign code enforcement has increased and Public Works has been helpful with
removing these signs.
• Attachment: Permit Activity Report
25
aity ERM ACTIVITY�,�REPORT
N rfvi t YEAR: .2000
bt ME
y d
•
0
:7
26
W LAny Krwe, City A4minktmtar
City of Alberville
W75 Main AvenueNE
P, (). 0" 9
Albertvillp,MN 5.5,104
KFAward of Contiad
52'4 Stint lirais- 2006
City of Albertville-, MIN
f loporat4ehlay oT wW City Coumil Memkwrs,
Dili were merived and opmed m July 11 a 2W, fiw the a",e referenced projoct. A tot -at, of five (5) bids
were meived., which ranged ftx,-4n a haw Wof $679,690.90 to a high bid. of M5.988,00, 1,&Tour
Cimsbuction, Inc, of Staple Lake, MismesoW wbrnillad the k�w bid.
Ou r fim. is fa m i Ear with LaTou r Con structim, and Imm's �wvesshl I y cores p Leted mirn il ar pn,60c, N' with
them-
wf, rVemmand aww-d of the cimtract in the amoof of S619,690-90 to 1,41mr Cumftwficm, JAC,
Mark Kasau and myse-11'W111 be at the July 17'h, 2(m.)6, (,ouncil Meeting to pre -sent this inforrnatitaw myJ
41-ouiss any questions you mkv have comvming your prp*t,
sioccftK''
FKAJON & MENK, TNC.
Nafsud, F F-
A,44tiAlWO City F-rigilk0e,
0�: Mirk 0- Kasma, P.E-, City "-gincer
Himan Yamuw, EJ.T- BVII
NA TO, MN - U ATMONI-M14 - SLEEPY EYE MN - BURNS VILL E, MN - WILLMAR, M14,
Ct-IASKA, MX MN - AMES, IA
• An Uquid 01.qxvhffWy Eftfbyer
27
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-xx
RESOLUTION AWARDING CONTRACT
52" STREET NE IMPROVEMENTS
WHEREAS, the City Council of the City of Albertville has duly considered an
improvement project for 52" d Street NE; and
WHEREAS, said improvements have been duly approved and ordered, and bids for said
project have been advertised in the official City newspaper and the Construction Bulletin for
the period required under state statute;
THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota, as follows:
•
1. The bid of LaTour Construction Inc. in the amount of $679,680.90 for the
construction of said improvements in accordance with the plans and specifications
and advertisement for bids is the lowest responsible bid and shall be and hereby is •
accepted.
2. The Mayor and Clerk are hereby authorized and directed to enter into a contract with
said bidder for the construction of said improvements for and on behalf of the City of
Albertville.
3. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except the deposit of the successful bidder.
Adopted by the Albertville City Council this 17th day of July, 2006.
Don Peterson, Mayor
Bridget Miller City Clerk
0
• Draft 3, City Revisions as of July 13, 2006.
BNSF RAILWAY COMPANY
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement ("Agreement") is entered into as of the
Effective Date (defined below) between CITY OF ALBERTVILILE ("Buyer") and BNSF
RAILWAY COMPANY ("Seller"). This Agreement shall not be binding upon either party
unless and until both parties have executed and delivered this Agreement. The submission of
this document by Seller to Buyer shall not constitute an offer to sell by Seller.
In consideration of the mutual covenants set forth in this Contract and for other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer
agree as follows:
GENERAL TERMS AND DEFINITIONS
l . The following terms shall have the meanings set forth below:
Closing. The consummation of the transaction contemplated by this Agreement,
which shall be deemed to have occurred when both parties have delivered the items
contemplated in Section 4 of this Agreement.
Closing Date Notwithstanding, anything herein, this sale shall close on or before
September 15, 2006. Seller shall have the right to extend the closing up to ninety (90)
days, at Seller's sole judgment.
Earnest Money The cash sum of Forty Thousand and no/100 dollars ($40,000.00) made
payable to JP Morgan Chase/Escrow Agent Apex Property and Track Exchange, Inc.
Effective Date The date of Seller's execution of this Agreement as indicated below
Seller's signature hereto.
Property That parcel of land situated in or near the City of Albertville, County of
Wright, and State of Minnesota, shown on maps marked Exhibit A dated June 23, 2005,
Exhibit Al dated June 23, 2005, revised October 13, 2005 and Exhibit A2 dated October
26, 2004, revised October 13, 2005, all three attached hereto and made a part hereof,
subject to revision as set forth below in Section 3.
Purchase Price The sum of Three Hundred Eight -four Thousand and no/100 dollars
($384,000.00).
Review Period The period commencing on the Effective Date and expiring at 5:00 p.m.
central time on the date that is 90 days after the Effective Date.
• PURCHASE AND SALE
29
2. (a) Subject to the terms and conditions set forth in this Agreement, Seller agrees to sell
to Buyer, and Buyer agrees to purchase and accept from Seller, for the Purchase Price, all of 40
Seller's right, title and interest (if any), in and to the Property.
(b) Seller reserves the right to assign this Agreement to Apex Property & Track
Exchange, Inc. ("Apex") or another qualified intermediary within the meaning of Section 1031
of the Internal Revenue Code of 1986 for the purpose of completing a tax -deferred exchange
under said Section 1031. Seller shall bear all expenses associated with the use of Apex, or
necessary to qualify this transaction as a tax -deferred exchange, and, except as otherwise
provided herein, shall protect, reimburse, indemnify and hold harmless Buyer from and against
any and all reasonable and necessary additional costs, expenses, including, attorneys fees, and
liabilities which Buyer may incur as a result of Seller's use of Apex or other qualified
intermediary the qualification of this transaction as a tax -deferred transaction pursuant to Section
1031. Buyer shall execute the document attached as Exhibit B (the "Exchange Assignment")
and shall cooperate with Seller with respect to this tax -deferred exchange, and upon Seller's
request, shall execute any other documents as may be required to effect this tax -deferred
exchange.
(c) Upon submission by Buyer to Seller of this Agreement signed by Buyer, Buyer
shall deposit the Earnest Money with Apex (defined below) as escrow agent. Apex shall hold
the Earnest Money in escrow pursuant to the terms and conditions of this Agreement. The
Earnest Money shall be refunded to Buyer if this Agreement is not executed and delivered by
Seller within forty five (45) days after the date Buyer delivers this agreement fully executed by
Buyer and deposits the Earnest Money. Buyer shall not be entitled to any interest on the Earnest
Money held by Apex pursuant to this Agreement. Buyer acknowledges that receipt by Apex of
the Earnest Money shall not constitute acceptance of this Agreement or Buyer's offer provided,
however, that Apex shall return the Earnest Money to Buyer if Seller does not execute and
deliver this Agreement within forty-five (45) days after Buyer deposits the Earnest Money.
Apex shall deliver the Earnest Money to the party entitled thereto pursuant to this Agreement,
provided, however if there is a dispute between Buyer and Seller as to who is so entitled, Apex
may deposit the Earnest Money with a court of competent jurisdiction pending resolution of such
dispute.
(d) The balance of the Purchase Price shall be paid at Closing as provided below.
INSPECTION
3. (a) Seller will prepare a legal description of the Property and will forward such
description to Buyer for Buyer's review within 30 days of the Effective Date. Buyer shall have
ten (10) days following such delivery to notify Seller in writing if Buyer objects to such
description. If Buyer does not so object then the description of the Property prepared by Seller
shall be the definition of the Property for all purposes under this Agreement. If Buyer does so
object then Buyer shall caused to be prepared, a Buyer's sole cost and expense, a survey of the
Property certified to Seller, Buyer and such other parties as Buyer may choose showing the
boundaries of the Property and any improvements located thereon (the "Survey"). If Seller does •
30
not agree that the description of the Property contained on the Survey is the Property Seller
• wishes to sell or otherwise objects to the Survey then Seller may terminate this Agreement by
written notice to Buyer in which case the Earnest Money shall be refunded to Buyer and neither
party shall have any further obligation hereunder except those that expressly survive termination.
If Seller agrees in writing that the Survey description is accurate then the description thereon
shall be the definition of the Property for all purposes under this Agreement. In the event a city,
county, or other governing authority where the Property is located (a "Municipality") requires a
survey or plat to convey the Property (a "Plat"), the Buyer shall obtain, at Buyer's sole cost and
expense, such Plat and the approval of such Municipality. Seller's obligations hereunder are
conditioned upon Seller's approval of the Plat approved by the Municipality. Buyer shall
provide the proposed Plat to Seller prior to submission to the Municipality and prior to the
expiration of the Review Period.
•
(b) Buyer shall have until the end of the Review Period to examine title to the Property. If
Buyer elects to obtain a title commitment for the Property Buyer may deliver to Seller no later than
the expiration of the Review Period written notice of any objections to the status of title or matters
reflected on the Survey that Buyer may have together with a copy of such title commitment, Survey
and all matters referenced therein. Seller shall have no obligation to cure any such objection. If
Seller notifies Buyer in writing that Seller will cure any such objection Seller (a) shall make
good faith efforts to cure such matter by the Closing Date and if not cured by such date Buyer
may terminate this Agreement in which case the Earnest Money shall be refunded to Buyer and
neither party shall have any further obligation hereunder except those that expressly survive
termination, and (b) may effect such cure by causing the title company issuing the title
commitment to remove such matter as an exception from coverage by paying additional
premium therefor or otherwise. If Seller at any time notifies Buyer in writing that Seller is not
willing or able to cure any of the such objections (including those which Seller has previously
endeavored to cure) then Buyer or Seller may terminate this Agreement by written notice to the
other delivered within five (5) days after Seller so notifies Buyer that Seller is unwilling or unable to
cure such objection. In the event of such termination, the Earnest Money shall be refunded to
Buyer and neither party shall have any further obligation hereunder except those that expressly
survive termination. If this Agreement is not so terminated, the parties shall proceed to Closing
according to the remaining provisions of this Agreement.
(c) Prior to any entry upon the Property by Buyer, the surveyor preparing the Survey or
other individuals on behalf of Buyer, Buyer shall execute and deliver to Seller an Entry and
Confidentiality Agreement in the form attached hereto as Exhibit C and incorporated herein (the
"Entry Agreement"). The terms and provisions of the Entry Agreement are incorporated
herein, shall survive the Closing, shall not be merged into the Deed or any document delivered at
Closing and shall survive any termination of this Agreement. Any breach by Buyer of its
obligations under the Entry Agreement shall be deemed a breach by Buyer under this
Agreement. Notwithstanding anything in this Agreement to the contrary, including the
provisions of Section 6(a), nothing in this Agreement or the exercise of any remedy by Seller
under this Agreement shall limit or affect in any manner any remedy available to Seller under the
Entry Agreement in the event of a breach of Buyer's obligations under the Entry Agreement.
31
(d) Notwithstanding the foregoing provisions of Section 3(b), Buyer shall not be entitled
to object to any judgment against Seller which may appear of record as a lien against the •
Property. Seller shall pay such lien if and when it is judicially determined to be valid, and Seller
hereby indemnifies the Buyer for all loss arising out of Seller's failure to have a judgment lien so
settled and satisfied.
(e) Notwithstanding the foregoing provisions of Section 3(b), Buyer shall not be
entitled to object to the lien of any of Seller's mortgages. Seller shall deliver to Buyer, who shall
place of record, good and sufficient releases of the liens of any mortgages on the Property
securing indebtedness to which Seller is obligated to pay within one hundred eighty (180) days
after the first meeting of Seller's Board of Directors held after the Closing. In the event Seller
shall be unable to obtain said releases for any reason, Seller shall have the right to repurchase the
Property from Buyer for the Purchase Price and Buyer shall reconvey the Property to Seller free
and clear of defects or objections arising after the Effective Date upon which this Agreement
shall terminate and neither party shall have any further rights or obligations hereunder except
those that expressly survive termination.
CLOSING
4. (a) Subject to the terms of this Agreement, the Closing shall occur on the Closing Date.
On or before the Closing Date Buyer shall (1) pay the Purchase Price, less the Earnest Money to
Seller in cash, by certified check made payable to JP Morgan Chase/Escrow Agent Apex
Property and Track Exchange, Inc. or by wire transfer to Seller's account as designated by Seller
and the Earnest Money shall become the property of Seller and no longer subject to the terms of •
this Agreement and (2) such other affidavits or certificates as is reasonably necessary or
customary to consummate the transaction. After Buyer has delivered the foregoing items, Seller
shall deliver to Buyer (1) a Quitclaim Deed in recordable form, subject to all matters of record
and restating the exceptions and reservations set forth in Section 8 (the "Deed") conveying to
Buyer Seller's interest, if any, in and to the Property, (2) counterparts of the Exchange
Assignment, and (3) such other affidavits and certificates as is reasonably necessary or
customary to consummate the transaction in form and substance acceptable to Seller.
PRORATIONS AND CLOSING COSTS
5. (a) Real estate taxes and assessments payable or paid in the year of Closing shall be
prorated by Seller and Buyer as of the Closing Date on the basis of the most recent ascertainable
taxes assessed against the Property. If the Property is not separately assessed for tax purposes
then there shall be no proration of taxes between Buyer and Seller, the parties shall cooperate
post -Closing to cause the Property to be separately assessed and each party shall indemnify the
other for any failure to pay real estate taxes and assessments due with respect to the properties
constituting the tax parcel to which the Property is a part. Notwithstanding the foregoing, there
shall be no proration for taxes to the extent the payment of same has been assumed by a tenant
under an existing lease to be assigned to Buyer. All outstanding assessments on the Property
levied or due in the year of Closing and afterward shall be paid by Buyer.
32
(b) The parties shall cooperate so that utilities serving the Property that are not the
• responsibility of a tenant under a lease to be assigned to Buyer at Closing, to the extent feasible,
shall be switched into the name of Buyer as of the Closing Date, so that a final statement can be
issued to Seller for the billing period ending on the Closing Date, and so that the first day of the
first billing cycle in Buyer's name can begin on the Closing Date. If, however, the final
statement covering the final period of ownership by Seller also includes periods of ownership by
Buyer, Buyer shall pay Seller at Closing the amount attributable to Buyer's period of ownership.
Buyer shall be responsible to pay all utilities serving the Property due after Closing.
•
(c) Buyer shall pay all closing costs associated with Closing including, but not limited to,
any escrow fees, documentary stamps and other recording costs associated with this transaction,
excise taxes, the cost of any state, county or local transfer taxes, the cost of the Survey, and the
costs associated with any title insurance obtained by Buyer.
(d) If any real estate broker or agent can establish a valid claim for commission or other
compensation as a result of Buyer having used their services in connection with the purchase of
the Property, all such commission or other compensation shall be paid by Buyer. Seller shall not
be liable for any real estate commissions or finders fees to any party with respect to the sale of
the Property, except amounts due to Staubach Global Services — RR Inc. ("Broker") pursuant
to a separate agreement. Buyer acknowledges that Broker has advised, and hereby advises,
Buyer that the Broker is acting as on behalf of the Seller, with the duty to represent Seller's
interest, and Broker is not the agent of the Buyer. If a policy of title insurance is to be obtained,
Buyer should obtain a commitment for title insurance which should be examined prior to closing
by an attorney of Buyer's choice. Prior to the execution of this Agreement, Broker has advised
and hereby advises the principals of this transaction, that this Agreement is binding on them, and
the principals hereby acknowledge that they have been so advised. Broker has no authority to
execute any document on behalf of Seller, make representations on behalf of Seller or bind Seller
in any manner.
(e) The obligations of the parties in this Section 5, to the extent incurred, shall survive
any termination of this Agreement.
DEFAULT AND REMEDIES
6. (a) In the event of a default by Buyer under the terms of this Agreement, Seller's sole
and exclusive remedies shall be: (a) terminate this Agreement whereupon the parties shall have no
further obligations hereunder except those that expressly survive termination, or (b) waive such
default and proceed Closing, or (c) obtain specific performance of this Agreement. If Seller
terminates this Agreement as provided in the previous sentence Seller shall be entitled to retain the
Earnest Money. Notwithstanding the foregoing, nothing contained herein shall waive or diminish
any right or remedy Seller may have at law or in equity for Buyer's default or breach of any
obligation hereunder to be performed by Buyer after Closing. It is hereby agreed that Seller's
damages in the event of a default by Buyer hereunder are uncertain and difficult to ascertain, and
that the Earnest Money constitutes a reasonable liquidation of such damages and is intended not as a
penalty, but as liquidated damages.
33
(b) In the event of a default by Seller under the terms of this Agreement, Buyer's sole
and exclusive remedies hereunder shall be to terminate this Agreement and receive a refund of the
Earnest Money plus an additional amount from Seller not to exceed ten percent of the Purchase
Price equal to the out-of-pocket expenses (including attorneys' fees) incurred by Buyer in
connection with this Agreement as evidenced by copies of third parry invoices delivered to Seller.
Upon such termination and the payment of such sums by Seller the parties shall have no further
obligations hereunder except those that expressly survive termination. Notwithstanding the
foregoing, nothing contained herein shall waive or diminish any right or remedy Buyer may have at
law or in equity for Seller's default or breach of any obligation hereunder to be performed by Seller
after Closing.
NATURE OF SALE
7. Buyer has been allowed to make an inspection of the Property. BUYER IS
PURCHASING THE PROPERTY ON AN "AS -IS WITH ALL FAULTS" BASIS WITH
ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING
TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND IS NOT
RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND WHATSOEVER FROM SELLER AS TO ANY MATTERS
CONCERNING THE PROPERTY, including, but not limited to the physical condition of the
Property; zoning status; tax consequences of this transaction; utilities; operating history or
projections or valuation; compliance by the Property with Environmental Laws (defined below)
or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the
Property; the presence of any Hazardous Substances (defined below), wetlands, asbestos, lead,
lead -based paint or other lead containing structures, urea formaldehyde, or other environmentally
sensitive building materials in, on, under, or in proximity to the Property; the condition or
existence of any of the above ground or underground structures or improvements, including
tanks and transformers in, on or under the Property; the condition of title to the Property, and the
leases, easements, permits, orders, licensees, or other agreements, affecting the Property
(collectively, the "Condition of the Property"). Buyer represents and warrants to Seller that
Buyer has not relied and will not rely on, and Seller is not liable for or bound by, any warranties,
guaranties, statements, representations or information pertaining to the Property or relating
thereto (including specifically, without limitation, Property information packages distributed
with respect to the Property) made or furnished by Seller, the manager of the Property, or any
real estate broker or agent representing or purporting to represent Seller, to whomever made or
given, directly or indirectly, orally or in writing. Buyer assumes the risk that Hazardous
Substances or other adverse matters may affect the Property that were not revealed by Buyer's
inspection and indemnifies, holds harmless and hereby waives, releases and discharges forever
Seller and Seller's officers, directors, shareholders, employees and agents (collectively,
"Indemnitees") from any and all present or future claims or demands, and any and all damages,
Losses, injuries, liabilities, causes of actions (including, without limitation, causes of action in
tort) costs and expenses (including, without limitation fines, penalties and judgments, and
attorneys' fees) of any and every kind or character, known or unknown, which Buyer might have
asserted or alleged against Indemnitees arising from or in any way related to the Condition of the
Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill,
disposal or other handling of any Hazardous Substances in, on or under the Property. Losses 0
34
. shall include without limitation (a) the cost of any investigation, removal, remedial or other
response action that is required by any Environmental Law, that is required by judicial order or
by order of or agreement with any governmental authority, or that is necessary or otherwise is
reasonable under the circumstances, (b) capital expenditures necessary to cause the Seller
remaining property or the operations or business of the Seller on its remaining property to be in
compliance with the requirements of any Environmental Law, (c) Losses for injury or death of
any person, and (d) Losses arising under any Environmental Law enacted after transfer. The
rights of Seller under this section shall be in addition to and not in lieu of any other rights or
remedies to which it may be entitled under this document or otherwise. This indemnity
specifically includes the obligation of Buyer to remove, close, remediate, reimburse or take other
actions requested or required by any governmental agency concerning any Hazardous Substances
on the Property. The term "Environmental Law" means any federal, state or local statute,
regulation, code, rule, ordinance, order, judgment, decree, injunction or common law pertaining
in any way to the protection of human health or the environment, including without limitation,
the Resource Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substances Control Act, and any similar or
comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic,
radioactive or infectious substance, material or waste as defined, listed or regulated under any
Environmental Law, and includes without limitation petroleum oil and any of its fractions. The
provisions of this Section 7 shall be binding on Buyer, and its heirs, successors and assigns, shall
be included in the Deed and shall be covenants running with the land.
0 RESERVATIONS
8. The obligations in this Section 8 shall be binding upon Buyer and its heirs, successors
and assigns, shall be included in the Deed and shall be covenants running with the land
benefiting Seller and Seller's successors and assigns. For purposes of this Section 8, Grantor
shall mean Seller and Grantee shall mean Buyer. Buyer may object to the reservations set forth
in Section 8(a) below in accordance with the provision of Section 3 and if Seller is unwilling or
unable to cure such objection either party may terminate this Agreement as set forth in Section 3.
(a) Grantee's interest shall be subject to the rights and interests of Grantor, Grantor's
licensees, permit:tees and other third parties in and to all existing utilities, fiber optic lines, wires
and. easements of any kind whatsoever on the Property whether owned, operated, used or
maintained by the Grantor, Grantor's licensees, permittees or other third parties and. whether or
not of public°. record. However, if Buyer obtains an ALTA survey certified to both the Buyer and
Seller and at Closing Buyer obtains extended ALTA title insurance coverage in the amount of
the Purchase Price, then Seller's reservation as to the above referenced matters will be limited to
rnatters disclosed in the public record and any unrecorded matters disclosed on said ALTA
survev.
(b) Grantee's interest shall be subject to a reservation to Grantor of all coal, oil, gas,
casing -head gas and all ores and minerals of every kind and nature including sand and gravel
underlying the surface of the Property, together with the full right, privilege and license at any
. and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any
35
and all such products in any manner which will not damage structures on the surface of the
Property, together with the right of access at all times to exercise said rights. •
(c) Any improvements constructed or altered on the Property after the date Grantor
quitclaims its' interest to Grantee shall be constructed or altered in such a manner to provide
adequate drainage of water away from any of Grantor's railroad tracks on nearby property.
REPRESENTATIONS
9. Buyer represents and warrants to Seller that if Buyer is other than a natural person or
persons that it is a validly formed municipal corporation under the laws of the State of Minnesota;
that it is in good standing in the state of its organization and in the state in which the Property is
located; that it has all requisite authorizations to enter into this Agreement; and that the parties
executing this Agreement on behalf of Buyer are duly authorized to so do. Buyer represents and
warrants to Seller that it is not subject to any bankruptcy proceeding. Seller represents and warrants
to Buyer that it is a validly formed corporation under the laws of the State of Delaware; that it is in
good standing in the state of its organization and in the state in which the Property is located; that it
is not subject to any bankruptcy proceeding; that it has all requisite corporate authorizations to enter
into this Agreement; and that the parties executing this Agreement on behalf of Seller are duly
authorized to so do. It shall be a condition of each party's obligations to Close this transaction that
the representations and warranties of the other party contained herein are true and accurate as of
Closing, provided, however that if one party waives such condition by proceeding to Close with
knowledge that any of the second party's representations or warranties are inaccurate, the second
party shall have no liability with respect to such inaccuracy known by the first party. O
MISCELLANEOUS
10. (a) Any notice under this Agreement must be written. Notices must be either (i) hand -
delivered; (ii) placed in the United States certified mail, return receipt requested, addressed to the
recipient; (iii) deposited with a nationally recognized overnight delivery service, addressed to the
recipient as specified below; or (iv) telecopied by facsimile transmission to the party at the
telecopy number listed below, provided that such transmission is followed with a copy sent by
overnight delivery or regular mail to the address specified below. Any notice is effective upon
deposit with the U.S. Postal Service or with the overnight delivery service, as applicable; all
other notices are effective when received. All notices shall be addressed to the address of the
recipient indicated below the signature of such party below. Either party may change its address
for notice by proper notice to the other party.
(b) If the approval of any governmental agency is required for the sale of Seller's interest
(if any) in the Property, it is understood and agreed that Seller's obligations under this
Agreement are conditioned upon obtaining such approval and that both parties shall use their
best efforts to obtain such approval. If such approval cannot be obtained by the Closing Date,
Seller may elect to extend the Closing Date to a date no later than ninety (90) days after the
original Closing Date. In the event said approval cannot be obtained by such extended date,
either party may terminate this Agreement without liability to the other, except that the Earnest
•
36
• Money shall be refunded to Buyer and thereafter neither party shall have any obligation
hereunder except those that expressly survive termination.
(c) Nothing in this Agreement shall prevent Seller from discontinuing service over any
railroad line or lines by which rail service may be provided to the Property.
(d) If, prior to Closing, the Property or any portion thereof is destroyed or damaged, or
becomes subject to a taking by virtue of eminent domain to any extent whatsoever then either
party may terminate this Agreement by written notice to the other within thirty (30) days after
notice of such fact (but in any event prior to Closing). If so terminated, the Earnest Money shall
be refunded to Buyer and neither party shall have any further obligations hereunder except those
that expressly survive termination. If not so terminated the parties shall proceed with the
Closing.
(e) Time is of the essence of each of the party's respective obligations under this
Agreement. Whenever a date specified in this Agreement falls on a Saturday, Sunday, or federal
holiday, the date will be extended to the next business day.
(f) This Agreement and, to the extent executed, the Entry Agreement, contains the entire
Agreement between Seller and Buyer with respect to the Property. Oral statements or prior
written matters not specifically incorporated into this Agreement are superceded hereby. No
variation, modification, or change to this Agreement or the Entry Agreement shall bind either
party unless set forth in a document signed by both parties. No failure or delay of either party in
exercising any right, power or privilege hereunder shall operate as a waiver of such party's right
to require strict compliance with any term of this Agreement. The captions above the section
numbers of this Agreement are for reference only and do not modify or affect this Agreement.
Each party has had the opportunity to have counsel review this Agreement and the Entry
Agreement and, therefore, no rule of construction that any ambiguities are to be resolved against
the drafting party must not be employed to interpret this Agreement, the Entry Agreement or any
closing document. This Agreement and the Entry Agreement may be executed in multiple
counterparts, each of which shall be deemed an original and all of which shall constitute the
same Agreement. This Agreement and the Entry Agreement are intended to be performed in
accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and
regulations. If any term or provision of this Agreement or the Entry Agreement or the application
thereof to any person or circumstance shall for any reason and to any extent be held to be invalid or
unenforceable, then such term or provision shall be ignored, and to the maximum extent possible,
this Agreement and the Entry Agreement (to the extent executed) shall continue in full force and
effect, but without giving effect to such term or provision.
(g) Buyer may not assign its interest in this Agreement or the Entry Agreement without
Seller's prior written consent. The provisions of this Agreement and, to the extent executed, the
Entry Agreement, shall bind Seller, the Buyer, and their heirs, executors, administrators,
successors and assigns and shall and inure to the benefit of the Seller, the Buyer and their heirs,
executors, administrators, permitted successors and assigns. If Buyer is more than one person or
entity, Buyer's obligations under this Agreement and, to the extent executed, the Entry
• Agreement, shall be joint and several.
37
(h) This Agreement relates only to land. Unless otherwise herein provided, any e
conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's buildings
and any other improvements on the Property, all of which may be removed by Seller within 90
days following conveyance of the Property, and if not removed, shall be deemed abandoned by
the Seller without obligation on the Seller's part and shall thereafter be and become the Property
of the Buyer in place. Notwithstanding the foregoing, Seller shall not have to remove any
improvements or fixtures for which an easement has been reserved hereunder or in the deed.
(i) Seller is not a foreign person as the term is used and defined in Section 1445 of the
Internal Revenue Code of 1954, as amended and the regulations promulgated thereunder. Seller
shall, upon request of Buyer, complete an affidavit to this effect and deliver it to Buyer on or
before closing of said sale.
0) The provisions of Sections 5-8 and Section 10 of this Agreement shall survive
Closing and shall not be merged into the Deed or any other document delivered at Closing. The
provisions of Section 9 of this Agreement shall survive Closing for a period of one year and shall
not be merged into the Deed or any other document delivered at Closing. Nothing in this section
shall alter any requirement in any other Section of this Agreement for the provisions of such
section to be incorporated into the Deed, such as Sections 7 and 8.
(k) If any action at law or in equity is necessary to enforce or interpret this Agreement,
the prevailing party will be entitled to reasonable attorneys' fees, costs, and discovery or
investigation expenses in addition to any other relief to which that party may be entitled.
(1) SELLER AND BUYER IRREVOCABLY AND UNCONDITIONALLY WAIVE
ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUITE OR
COUNTERCLAIM ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE
RELATING TO, THIS AGREEMENT.
(m) Within 90 days after closing, Grantee shall, at its sole cost and expense, construct a
protective chain link fence a minimum of six (6) feet in height upon, over and across the
Property as shown green on the attached Exhibit "A" and by this reference made a part hereof.
Grantee shall thereafter repair, maintain and renew said fence, so as to keep same in good repair
at the sole cost of the Grantee. If fence is not constructed within this time frame, Grantor may
construct said fence at the sole cost of Grantee and Grantee shall pay Grantor all associated costs
within 10 days of receipt of bills.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
is
WN
• IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement to be effective as
of the Effective Date.
is
RiTYFR
CITY OF ALBERTVILLE
Buyer's name as it is to appear on deed
(PRINTED/TYPED)
By:
Print Name:
Title:
Buyer's Address:
Attn:
Fax:
Phone:
Buyer's SSN or EIN:
SELLFR
BNSF RAILWAY COMPANY
By:
Print Name:
Title:
Seller's Address:
c/o Staubach Global Services, Inc.
Attn: Roger Schwinghammer
4105 Lexington Avenue North, Suite 200
Arden Hills, MN 55126
Fax: 651-481-9361
Phone: 651-415-2710
Date of Seller's Execution (Effective Date)
39
EXHIBIT A
Attach Map showing Property cross -hatched in black
•
•
.f
•
EXHIBIT B
ASSIGNMENT OF RIGHTS UNDER CONTRACT TO REAL ESTATE
41
ASSIGNMENT OF RIGHTS UNDER CONTRACT TO REAL ESTATE 0
APEX PROPERTY & TRACK EXCHANGE, INC., a Massachusetts corporation, of
1001 Hingham Street, Suite 300, Rockland, MA 02370, (hereinafter called "Assignee"), BNSF
RAILWAY COMPANY, a Delaware corporation, (hereinafter called "Exchangor"), and CITY
OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter called "Buyer").
Whereas, Exchangor and Buyer heretofore entered into an Agreement dated
, 2006 (the "Contract"), wherein Exchangor agrees to assign
the rights to the Contract, but not the obligations and warranties over to Assignee, as it pertains
to the following described Relinquished Property:
"See EXHIBIT "A" attached hereto and made a part hereof'.
Now, Therefore, Exchangor hereby assigns to Assignee all of the Exchangor's rights
under the Contract, as contemplated by Treasury Regulations Section 1.1031 (k)-1(g)(4)(v),
including all deposits received prior to issuing a Deed transferring legal title. Exchangor's
obligations and warranties under the Contract remain with the Exchangor, including the authority
to issue a Deed transferring legal title to the Relinquished Property over to the Buyer. 0
Assignee previously represented, warranted and covenanted to Exchangor, under the
Master Exchange Agreement dated January 1, 1997, that it will not transfer, assign, mortgage or
hypothecate the rights that it is receiving from the Exchangor and that Assignee shall not amend,
terminate, modify, supplement or otherwise alter any term, condition or other provision of the
Contract. At the same time the Deed goes into effect transferring legal title to the Buyer, rights
received under this Assignment of Rights are transferred to Exchangor.
Assignee is participating in this transaction only as a Qualified Intermediary and that for
purposes of any dispute regarding the Relinquished Property, Exchangor and Buyer shall look
solely to each other with respect to resolving any such dispute and neither one shall look to the
Assignee. This shall be binding upon and shall inure to the respective heirs, successors and
assigns of Exchangor and Buyer.
This instrument may be executed in any number of counterparts, each of which, when
duly executed, shall constitute an original hereof.
•
42
• In Witness Whereof, the parties hereto have executed this Assignment of Rights Under
Contract, to be effective as of the date on which the last party hereto signs.
Exchangor:
BNSF RAILWAY COMPANY,
a Delaware corporation
Date:
David P. Schneider
General Director -Land Revenue Management
Assignee:
APEX PROPERTY & TRACK EXCHANGE, INC.,
a Massachusetts corporation
By: Date:
Buyer:
CITY OF ALBERTVILLE
a Minnesota municipal corporation
By: _
Name:
Title:
BNSF
•
Date:
43
:7
•
•
EXHIBIT C
ENTRY AND CONFIDENTIALITY AGREEMENT
45
ENTRY AND CONFIDENTIALITY AGREEMENT
THIS ENTRY AND CONFIDENTIALITY AGREEMENT ("Agreement") is made as of •
the Effective Date (defined below) by BNSF RAILWAY COMPANY, a Delaware corporation
("Railroad") and CITY OF ALBERTVILLE ("Permittee").
WHEREAS, Permittee as Buyer and Railroad as Seller have entered into that certain Real
Estate Purchase and Sale Agreement (the "Sale Contract") dated as of
concerning the property(ies) set forth therein (the "Property"). Capitalized terms used
herein and not otherwise defined shall have the meanings set forth in the Sale Contract.
WHEREAS, in order to evaluate the acquisition of the Property, Permittee has requested
access to the Property to inspect the condition of the Property.
WHEREAS, Railroad is willing to permit such access only on the terms and conditions
set forth in this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein, the mutual covenants contained herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree to the following:
1. RIGHT OF ENTRY. In accordance with the provisions of this Agreement,
Railroad hereby grants Permittee a non-exclusive, revocable license, subject to all rights,
interests, and estates of third parties including, without limitation, any leases, licenses,
easements, liens, or other encumbrances, to enter the Property for the purpose of inspecting the
Property for said potential acquisition and for no other purpose or use.
2. RESTRICTIONS CONCERNING ENTRY.
(a) Permittee shall enter the Property only during normal business hours and
may inspect the condition thereof and conduct such surveys and to make such engineering
and other inspections, tests and studies as Permittee shall determine to be reasonably
necessary, all at Permittee's sole cost and expense. Notwithstanding the foregoing,
Permittee shall not conduct or allow any physically intrusive testing of, on or under the
Property and under no circumstances shall Permittee be permitted to conduct any tests,
investigations or any other activity using mechanized equipment and/or machinery, or
place or store any mechanized equipment, tools or other materials, within twenty-five
(25) feet of the centerline of any railroad track on the Property unless Permittee has
obtained prior written approval from Railroad, which approval may be withheld in
Railroad's sole discretion.
(b) Permittee agrees to give Railroad notice at least five (5) business days prior
to any such entry, examinations or surveys and Railroad has the right to be present during
any such entry, examination or survey. Such notice shall be made to Railroad's
Roadmaster, Brian Shea, at 80 44'h Avenue NE, Minneapolis, MN 55421 (763)-782-3236.
Permittee agrees to conduct all examinations and surveys of the Property in a manner that •
will not interfere with the operations or improvements of Railroad or other lessees,
46
• Permittees or license holders and in such a manner and not at any time to be a source of
danger to or interference with the existence or use of present of future tracks, roadbed or
property of Railroad, or the safe operation and activities of Railroad.
(c) Permittee shall comply with, and cause its agents to comply with, any and
all laws, statutes, regulations, ordinances, rules, orders, common law, covenants or
restrictions ("Legal Requirements") applicable to the Property and their activities thereon
and any and all safety requirements of Railroad and if ordered to cease any activities upon
the Property by Railroad's personnel Permittee shall immediately do so. Notwithstanding
the foregoing right of Railroad, the parties agree that Railroad has no duty or obligation
to monitor Permittee's activities on the Property to determine the safe nature thereof, it
being solely the Permittee's responsibility to ensure that Permittee's activities on the
Property are safe. Neither the exercise nor failure by Railroad to exercise any rights
granted in this Section will alter the liability allocation provided by this Agreement.
(d) Permittee shall not harm or damage the Property or cause any claim adverse
to Railroad.
(e) Permittee shall promptly reimburse Railroad for any additional
costs/expenses incurred by Railroad in connection with such safety requirements (including,
but not limited to, furnishing a flagman if Railroad determines that furnishing a flagman is
necessary during any such examinations or surveys).
(f) Permittee shall not contact any governmental or quasi governmental
authorities concerning the Property without Railroad's prior written consent and Railroad
shall have the right to be present during any such contacts.
(g) Permittee will not have more than 5 persons present on any individual
Property at a one time. Any officer, employee, agent, contractor, consultant, lender,
surveyor or attorney entering the Property on behalf of or at the direction of Permittee,
shall be deemed agents of Permittee for purposes of this Agreement.
3. TERM. This Agreement shall commence on the date Railroad executes this
Agreement as indicated below its signature (the "Effective Date") and shall be in effect until the
earlier of the date the Sale Contract is terminated pursuant to its terms, or the Closing Date. No
expiration or termination of this Agreement shall release either party from any liability or
obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts,
omissions or events occurring prior to the date of termination or expiration.
4. INSURANCE. Permittee shall obtain and maintain the insurance required below:
A. Commercial General Liability Insurance. This insurance shall contain broad form
contractual liability with a combined single limit of a minimum of $1,000,000
each occurrence. Coverage must be purchased on a post 1998 ISO occurrence
form or equivalent and include coverage for, but not limited to, the following:
• ♦ Bodily Injury and Property Damage
47
♦ Personal Injury and Advertising Injury
♦ Fire legal liability •
♦ Products and completed operations
B. Business Automobile Insurance. This insurance shall contain a combined single
limit of at least $1,000,000 per occurrence, and include coverage for, but not
limited to the following:
♦ Bodily injury and property damage
♦ Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability insurance including coverage
for, but not limited to:
♦ Permittee's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law,
the insurance must cover all employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each
accident, $500,000 by disease policy limit, $500,000 by disease each
employee.
Other Requirements:
Permittee agrees to waive its right of recovery against Railroad and Indemnitees (defined
below) for all Liabilities (defined below) that could be insured against by the insurance
required to be maintained hereby. In addition, its insurers, through the terms of the
policy or policy endorsement, must waive their right of subrogation against Railroad for
all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Permittee further waives its right of recovery, and its insurers also waive
their right of subrogation against Railroad for loss of its owned or leased property or
property under Permittee's care, custody or control.
All policy(ies) required above (excluding Workers Compensation) shall include a
severability of interest endorsement and Railroad and Staubach Global Services, Inc shall
be named as an additional insured with respect to work performed under this agreement.
Severability of interest and naming Railroad and Staubach Global Services, Inc. as
additional insured shall be indicated on the certificate of insurance.
Prior to commencing the Work or entering the property, Permittee shall furnish to
Railroad an acceptable certificate(s) of insurance including an original signature of the
authorized representative evidencing the required coverage, endorsements, and
amendments and referencing the contract audit/folder number if available. The
policy(ies) shall contain a provision that obligates the insurance company(ies) issuing
such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation,
non -renewal, substitution or material alteration. This cancellation provision shall be
indicated on the certificate of insurance. In the event of a claim or lawsuit involving
• Railroad arising out of this agreement, Permittee will make available any required policy
covering such claim or lawsuit.
Acceptance of a certificate that does not comply with this section shall not operate as a
waiver of Permittee's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Permittee shall not be deemed to release or diminish the liability of Permittee including,
without limitation, liability under the indemnity provisions of this Agreement. Damages
recoverable by Railroad shall not be limited by the amount of the required insurance
coverage.
For purposes of this section, Railroad shall mean `Burlington Northern Santa Fe
Corporation", `BNSF Railway Company" and the subsidiaries, successors, assigns and
affiliates of each.
5. COMPLETION OF INSPECTION. Upon completion of any inspection by
Permittee or its agents on the Property or upon the expiration or termination of this
Agreement, whichever shall occur first, Permittee shall, at its sole cost and expense:
(a) remove all of its equipment from the Property;
(b) report any damage to the Property arising from, growing out of, or connected with
Permittee's entry upon the Property and restore the Property to their condition
immediately prior to such entry by Permittee or its agents;
(c) remedy any unsafe conditions on the Property created by Permittee or its agents;
and
6. Indemnity. To the fullest extent permitted by law, permittee shall indemnify,
release, defend and hold harmless railroad and railroad's affiliated companies, partners,
successors, assigns, legal representatives, officers, directors, shareholders, employees and
agents (collectively, "indemnitees") for, from and against any and all claims, liabilities,
fines, penalties, costs, damages, losses, liens, causes of action, suits demands, judgments
and expenses (including, without limitation, court costs, attorneys' fees and costs of
investigation) (collectively "liabilities") of any nature, kind or description of any person
or entity directly or indirectly arising out of, resulting from or related to (in whole or in
per)
(a) any breach of this agreement by permittee including, but not limited to,
permittee's obligation to comply and cause its agents to comply with legal
requirements including, but not limited to, workers' compensation and
cercla,
(b) any rights or interests granted pursuant to this agreement,
is(c) permittee's or its agents activities upon or use of any of the property, or
ELI
(d) any act or omission of permittee or permittee's agents or anyone directly is
indirectly employed by any of them, or anyone they control or exercise
control over,
Even if such liabilities arise from or are attributed to, in whole or in part,
any negligence of any indemnitee. The only liabilities with respect to
which permittee's obligation to indemnify the indemnitees does not apply
are liabilities to the extent proximately caused by the gross negligence or
willful misconduct of an indemnitee.
7. CONFIDENTIALITY. Except to the extent otherwise required by Legal
Requirements, Permittee shall not disclose to any third parties any information Permittee
discovers or obtains concerning the Property as a result of any inspections, surveys, tests
or other activities conducted with respect to the Property ("Confidential Information")
including, but not limited to, any oral, electronic or written information provided by
Railroad or on Railroad's behalf. Notwithstanding the foregoing, Buyer may disclose
Confidential Information to those of Buyer's agents directly involved with Permittee with
respect to the acquisition of the Property, provided such individuals and firms have
agreed to maintain the confidentiality of Confidential Information pursuant to this
Agreement and provided further that Permittee shall be liable hereunder for any breach
by such parties of such obligation. Confidential Information shall not include
information that is or becomes in the public domain other than as a result of a breach by
Permittee or its agents. If Permittee or any of it's agents receive a request to disclose any .
part of the Confidential Information, Permittee shall (a) notify Railroad immediately of
the existence, terms and circumstances of such request, (b) consult with Railroad on the
advisability of taking legally available steps to resist or narrow such requests, and (c) if
disclosure of such Confidential Information is required to prevent Permittee being held in
contempt or subject to other penalty, shall (i) furnish only such information as is legally
required to be so disclosed, and (ii) use its best efforts to obtain an order or other reliable
assurance that confidential treatment will be afforded to the disclosed Confidential
Information. If the transaction contemplated in the Sale Contract does not close for any
reason then Permittee shall, promptly upon Railroad's request, forward to Railroad all
Confidential Information without keeping any copies thereof.
8. DEFAULT. Permittee acknowledges and agrees that in the event of a breach of
this Agreement, Railroad would be irreparably harmed and could not be made whole by
monetary damages. Accordingly, in addition to any other remedy to which it may be
entitled at law, in equity or under this Agreement, Railroad shall be entitled to injunctive
relief (without the posting of any bond and without proof of actual damages) to prevent
such breach and/or to compel specific performance. Permittee and its agents shall not
oppose the granting of such relief. In the event of any breach by Permittee or its agents
under this Agreement, Railroad may terminate this Agreement and shall be entitled to any
other remedy available at law, in equity or under this Agreement. No failure or delay of
either party in exercising any right, power or privilege hereunder shall operate as a
waiver of such party's right to require strict compliance with any term of this Agreement. •
50
• 9. GOVERNING LAW, JURY WAIVER. All questions concerning the
interpretation or application of provisions of this Agreement shall be decided according
to the laws of the State of Texas without regard to principles of conflicts of law. Any
action relating to this Agreement may be brought in the courts of Tarrant County, Texas,
Permittee hereby consenting to the jurisdiction and venue of such courts. PERMITTEE
AND RAILROAD IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND
ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUITE OR COUNTERCLAIM
ARISING IN CONNECTION WITH, OUT OF OR OTHERWISE RELATING TO,
THIS AGREEMENT.
•
10. SALE CONTRACT. The provisions of this Agreement shall be deemed
incorporated into the Sale Contract, shall survive the closing thereunder and shall not be
merged into the deed conveying the Property or any other closing document, provided,
however that nothing in the Sale Contract shall limit or modify any remedy available to
Railroad under this Agreement for a breach by Permittee of its obligations under this
Agreement. All notices hereunder shall be delivered in the manner set forth in the Sale
Contract.
51
IN WITNESS WHEREOF, this Agreement has been duly executed as of the Effective Date. •
PERMITTEE:
CITY OF ALBERTVILLE
By:
Print Name:
Title:
RAILROAD:
I : ` y A�73 I IMAI/ E416J t IAMM1
By:
Print Name:
Date of Execution by Railroad (Effective Date)
•
52
•
TO: City Council
FROM: Larry R. Kruse
DATE: July 14, 2006
RE: Parking Lot South of City Hall
REQUEST FOR COUNCIL ACTION
BACKGROUND
Bonestroo has submitted a $4,200 proposal to draw up a plan sheet for the new parking lot south
of City Hall. City Engineer Nafstad reviewed the proposal and stated Bonestroo's fee of $4,200
was a very cost effective proposal as they have the topography for the site. Nafstad stated it
would not be necessary to spend the $850, as described in Bonestroo's proposal, to evaluate
stormwater mitigation thresholds.
It is proposed that the City coordinate separate contracts to complete the parking lot,
landscaping, and patio construction later this fall once the railroad purchase is completed.
ADMINISTRATOR'S RECOMMENDATION
Motion to authorize Bonestroo to proceed with developing a plan sheet for the south parking lot
in preparation to allow a separate contract, which is not affiliated with the City Hall Project, at a
cost not to exceed $4,200.
53
1 Assmiates•
119irs ers&ATchitects
ji 5,2M
Mr, Lary Kruse, Cite Adrnir istral r.
City of Aftw rn i i1c
5 75M ain N,enuc N E
Albertville, MN 55301
Proposal. for the addition of a new Mking Lot
3It kA Fi le No-1 -05 100
Thank wu for requesting us to submit a proposal for t1m design a n w pari irr lot south of the
original City Hall site
PrOject Understanding
Dn tr derg �l the Cit o Aif� r {ill has rah �i�t� €isc patthast. ol'additiortal ptopiny
owned'' by the railroad .and body shop south of the wri in 1 City Hall it t is the it 's intention
to construct a new parking lot on this additional property and Iran a masted a fee Proposal kon,
Bonestroo for thc design and pre aratian of a Protposal Rcqucst for thi5, new paikltiglot. If tire
Prolwisal Request describing this work is appioved, the work will be incur nr.at d :into a Clump,4
order t the c nti'act for the New City Hall pEa'Itct,
Scope at Services
Permitting Rc%rar
pemi,itting Ftequir is may hc ffiggaed as a resralt Of adding aTe impel vious area witlr rile
toposed new parking lot, The original site size. f r tlrc Now City Hali pro cct bad , twu l
imperNrious area to require submitting a NPDES petmit to the IMTC ,kart not ehol.101 to tecrtirc,
sty wet r mitigation me-asures sur-h o patids of rairt ,,5, tioncstroo will review tlr
pem-dtfing rquirtruents wid detcnninv, if the nlioge6 site with s nmw 4 p ",karts pauld,119 lot
activates the req imment for the C-ortsttucticrr of Aorrrr watq mitigation rucosurm,
Cost '0
Engineering
It is assumed that existing; sped cations and drawing dztaiik in 'ffie coristruedon o—cument bid
pace will cover the needs of this new work,
9o=trLxj r, i R create one plan sheet f r the proposed fear ding lot tlrrrt .sho s;
Dimensioning and lei Gul ofparking lot
Grading and surface drainage
Sr
... �.
At Ir W.1W AtlP§df:,�'�"��g��4��ortu�-sr.� `Vmysi nyve yttsl 2�`4��t3 K'+mg�°a"iw��t°swa�l
54
Ur 4arm,Kruse, Ot - iAdrninisn'r000 Julv 5, 2006
Cf!y of AlberNifle Pge 2
• + StTiping and rip age foi- orte A at in stall
Silt ferart
CoM.: S4,200
Tool cost for Permitting Beseech and Enginccrng is S5,050-M
I am hopeful that adding resort intpei'vious area will rwi prDmpt the nttd for, storn Water 111itigation
tit easures, if Pcrmftfingkcsr-°uch detennines that stjorm walcr mitigation Measurts ate required,
Bonestroo will pun viden written let ptuposal for the 4,r-sin of flic sturni at featuyes
If ybu. have arty clucstiorts. pltosc, ull ?,%4atk Foibes. of me at (65 1) 6) ,04-47W
(fthe terms of this pipposal aur, acceplable, please auLl-twiz e, fl-jis woil;- by ,;,Igning the loutel and
iewming a. copy to our offiw.e,
Larry R. Knuse City ofAlbertAlIc
• rTl �,
1409ESTROO, ROSENE, ANDPRUK & ASSOCLATES, INTC.
Jcffroy JvWlDawell, RLA
JJNI:cv
40
55
n
BO - 1 ,..j MAN K, INC_
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 • Chaska, MN 55318
Phone (952) 448-8838 • FAX (952) 448-8805
MEMORANDUM
Date: July 17, 2006
To: Honorable Mayor and City Council Members
City of Albertville
Cc: Larry Kruse, City Administrator
From: Adam Nafstad, P.E., Assistant Albertville City Engineer
Bolton & Menk, Inc.
Subject: Eull Concrete Site
Honorable Mayor and City Council Members:
This memorandum is pursuant to the Council's July 5*, 2006, request for comment on the most suitable
location for the westerly driveway for the above referenced site. It also pertains to the design of the
southerly parking lot concerning headlight projection towards the existing homes to the south,
Westerly Access/Driveway Location
Currently, Large Avenue/Barthel Industrial Drive has a long curb opening on the west side of the
roadway and south of 59d' Street N.E. Five (5) parcels/ three (3) owners utilize this opening for access to
their property. Since Barthel Industrial Drive is acting as a connector roadway between CSAH 37 and
50th Street N.E. for the east side of the city, the roadway is experiencing increased traffic volumes, which
will continue to rise with population growth and/or development. Due to both present and projected
traffic volumes of the roadway, it is recommended that the long opening in the curb be reduced in length
by combining the multiple driveways into a single driveway. Combining the driveways into a
common/shared driveway will better define the Barthel Industrial Drive roadway and provide for more
organized access to the multiple parcels, which will help to clarify motorists' intentions and limit
confusion.
As part of the Eull Concrete site improvements, the Developer has proposed to position the westerly
driveway such that it can be utilized as a common/shared driveway that allows access for all parcel
owners and such that the sight distances are optimized. Positioning the driveway further to the west would
place the driveway too close to the intersection of Large Avenue N.E. and 59th Street N.E. and would
reduce the sight lines to the east. Positioning the driveway further east will reduce the sight lines to the
west and will not provide for easy access to the property located at the southeast corner of the 59th Street
N.E. and Large Avenue N.E. intersection.
To achieve the desired combined driveway at the location recommended, the Developer will be required
to dedicated approximately 1,200 square feet of right-of-way. Additionally, approximately 1,400 square
feet of right-of-way will need to be acquired from the property owner directly to the west of the proposed
development. Once the combined driveway is constructed and the property located at the southeast
corner of the 59th Street N.E. and Large Avenue N.E. intersection develops, the remaining portion of the
long existing driveway opening will need to be replaced with barrier style curb.
MANKATO, MN • FAIRMONT, MN - SLEEPY EYE, MN • BURNSVILLE, MN • WILLMAR, MN
CHASKA, MN MN • AMES, IA
An Equal Opportunity Employer
The proposed improvements have been discussed with the adjacent property owners and, to the best of
my knowledge, the benefit is seen by all. Further discussions will be needed with the property owner to
. the west of the site regarding acquisition of the needed right-of-way.
Southerly Parking Lot
At the location of the proposed curb line along the south side of the development site, the existing grade is
approximately 2-feet below the top of the railroad tracks. The design elevation of the top of the curb at
this location is approximately 0.5-feet below that of the existing grade and the design slope of the parking
lot is at approximately 1% downward towards the tracks.
It is our opinion that the proposed design of the southerly parking lot does minimize headlight projection
to the south, and that additional correction and/or modification to the site design to further reduce
headlight project will compromise the design of other elements of the site. If additional headlight
screening is needed/desired, it is recommended that it be achieved by landscaping and/or solid wall
fencing.
I will be at the July 17&; 2006, Council Meeting to present this information and discuss any questions you
may have concerning this project.
Sincerely,
BOLTON & MEEN�NKK, INC.
41. X/`�2r�
Adam Nafstad, P. E.
Assistant City Engineer
s
Cc: Mark D. Kasma, P.E., City Engineer
0
A.
rl ^
1S
AlbertAlle
Small Town living. Blg City We.
TO: City Council
FROM: Tina L. Lannes
DATE: July 17, 2006
RE: Park Benches and Tables
REQUEST FOR COUNCIL ACTION
BACKGROUND
The available balance in the Park Dedication fund is $198,360. Requested amounts to be used
are $60,000 for the purchase railroad property and $40,000 for Four Seasons Park. This leaves
an available balance of $98,360 for Winter Park, Hunter's Park and future upgrades to any public
park within the Albertville city limits.
. STAFF RECOMMENDATION
Motion to authorize purchase of tables and benches for Villas Park and Four Seasons Park not to
exceed a cost of $3,200 using Park Dedication Funds.
M:\Public Data\City Council\Council Packet information\2006\07-17-06\park dedication memo.doc
I a n a g a n
a I e s I n c
11111mma-
F1
QUOTATION
To. City of Albertville Date: Jjly 14, 2006
5964 Main Avenue NIE
Albertville. MN 55301 Contact: mr- 'rim Guirrion-,
Phone'. 763-49'/-3145
Project: BerioNes Fax: 763-497-0774
A�e arr� pleased to provide the following quotation or, items supplied by See B�ejow
P ty- item qmuptfon Unit Price Extension
4 78RC Wet)coat - Regal Style Table 8 ft. table, 2 attached 8 ft. $536.01) S21140.00
ieats, rounded oQrners, X4" #9 Exr.arded Metal, Two 2-3/8
legs, porWble. Color VIP Green Vinyl
V13"113 RCS WebcoaT - 6 ft. Ben& with Elack, 34' *9 expanded $268.00 353c, 00
metal, rounded corners, two 2-3/8" legs, Inground rnount,
Color - VIP Green for Frar,140S VIP Clay for Seats and Sacks
Discount - 10% -
k
S;ipply only - insta,lation not included Sub Total -iZ 408 4,-�
Tax 6,5% i 00, 6 ' I
Freight 525.00
Total $3,124 0`
WPORTANT INFORMA TION:
* Quotation in effect until August 301" 20US
f Freight based on shipment to Albertville, Minnesota
# 51!iprri(-n1, ,;an be inaae in 6 - 10 weeks
, erns., 30 Days Net Invoice
Drders will be placed upon rau&pt of Purchase Order or Signed Quo,ation
Purchase Orders should be made out to Flanagan Sales, Inc.
Thank You! Flanagan Sales, Inc,
15i'l Johnson
ACCEPTED
. �..__�._. 15677 La:sl 03'Lintv Rcaj 'E" * Si. Paul & MN - i55110
(61 1633 0123 - 1, 800-3-18 ;; 5'7 & Fax; 551.633.1S15 * E-mail.
•
•
BC7t-TON a MINK, INC•
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 - Chaska, MN 55318
Phone (952) 448-8838 - FAX (952) 448-8805
May 31, 2006
Mr. Larry Kruse, City Administrator
City of Albertville
5975 Main Avenue NE, P.O. Box 9
Albertville, MN 55301
RE: Award of Contract
2006 Overlay Improvements
City of Albertville, MN
Honorable Mayor and City Council Members:
Below is a tabulation of bids received and opened on July 11�', 2006, for the above referenced project. A total
)t three (.s ) mas were receives.
SCHEDULE A SCHEDULE B bUHLUUUt U
(Base Bid) (Base Bid plus Alternate) (Prairie Run Wear Course)
Buffalo Bituminous, Inc $131,527.10 $173,007.35 $78,298.00
FPI Paving Contractors, Inc. $145,592.80 $181,903.60 $84,825.00
Hardrives, Inc. $146,715.04 $193,382.36 $86,041.00
Each bid received contained three (3) schedules of work (A, B, C), of which the City reserved the right to
select any combination of. Schedule `A' consisted of the roadways recommended for overlaying and Schedule
`B' consisted of those same roadways plus additional roadways due for overlay, should budget allow.
Schedule `C' was for the placement of wear course on the roadways of the Praire Run Addition.
The low bid for all three (3) schedules was submitted by Buffalo Bituminous, Inc., of Buffalo, Minnesota, a
company that has completed overlay projects for the City in the past.
Due to the budgeted amount for the 2006 Overlay Project, we recommend award of contract for the base bid
(Schedule A) in the amount of $131,527.10 to Buffalo Bituminous, Inc.
Also, based upon discussions regarding the cost to place the wear course on the roadways of the Prairie Run
Addition, under the existing construction contract with Dennis Fehn, we recommend award of contract for
Schedule C (Prairie Run Wear Course) in the amount of $78,298.00 to Buffalo Bituminous, Inc.
Mark Kasma and myself will be at the July 17*, 2006, Council Meeting to present this information and discuss
any questions you may have concerning your project.
Sincerely,
BOLTON & MENK, INC.
Adam Nafstad, P. E.
Assistant City Engineer
Cc: Mark Kasma, P.E., City Engineer
MANKATO, MN - FAIRMONT, MN • SLEEPY EYE, MN - BURNSVILLE, MN - WILLMAR, MN
CHASKA, MN MN - AMES, IA
An Equal Opportunity Employer
. CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2006-34
RESOLUTION ACCEPTING LOW BID
WHEREAS, plans and specifications for overlaying certain City streets have been prepared by
Bolton & Menk, Inc. and has presented such plans and specification to the Albertville City
Council for approval; and
WHEREAS, bids have been solicited in an attempt to determine the cost of the improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Albertville,
Minnesota, as follows:
1. Such plans and specifications, which copies are on file with the City Clerk, are hereby
approved.
2. All bids for said project were duly opened at the City Hall on July 11, 2006, after
advertising for bids according to law; and
3. The bid of Buffalo Bituminous, Inc., said "Low Bidder" for BID A in the amount of
$131,527.10 for the construction of said improvements in accordance with the plans and
• specifications and advertisement for bids is the lowest responsible bid.
4. \The of Buff Bitumin s, Inc., s 'd "Low, idder" for BI C in e am nt of
8, 98. 0 for e nstru io of said i prov m nts n ccor a e it t pl sand
sp i icati s d ad i men for bids t low resp able id.
5. Said bids of said Low Bidder are accepted and awarded.
The Mayor and City Clerk are hereby authorized and directed to enter into a contract with
said "Low Bidder" for the construction of said improvements for and on behalf of the
City of Albertville.
The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except the deposit of the successful bidder.
Approved by the City Council of the City Albertville this 171" day of July 2006.
Don Peterson, Mayor
Bridget Miller City Clerk
0