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HomeMy WebLinkAbout5.a. Consideration of a Business Relocation Claim for John Anderson dba Dakota Small Engine RepairCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION PORT AUTHORITY COMMISSION MEETING DATE: MARCH 2, 1993 AGENDA ITEM: CONSIDERATION OF A RELOCATION AGENDA SECTION: CLAIM FROM JOHN ANDERSON OLD BUSINESS PREPARED BY: JOHN MILLER, ECONOMIC DEVELOPMENT COORDINATOR AGENDA I �nn A ATTACHMENTS: BUSINESS RELOCATION CLAIM APP VED Y• John Anderson dba Dakota Small Engine Repair has submitted a business relocation claim for his business at 13965 South Robert Trail. The total claim is as follows: Moving costs $ 2535.00 Site search costs 975.00 Reestablishment costs 10000.00 Reprinting costs 52.08 TOTAL $13562.08 Anderson was paid $3450.00 earlier by the Port Authority in the form of an advance. The remainder is $10,112.08. Options: 1. Table for further study. 2. Deny the claim, asking Conworth, Inc. to renegotiate specific items in the relocation claim. 3. Approve payment of the claim as submitted. RECOMMENDED ACTION: Option three should be approved. Motion to approve the relocation claim submitted by John Anderson and to approve a final payment of $10,112.08 PORT AUTHORITY ACTION: BUSINESS RELOCATION CLAIM FEBRUARY, 1993 DAKOTA SMALL ENGINE SERVICE 13965 SOUTH ROBERT TRAIL ROSEMOUNT, MN _PARCEL #34-02010-031-60 1}1{{ l ROSEMOUNT PORT AUTHORITY ARMORY SITE PROJECT CON`WORT�91C. T CONWORTH, INC. 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 February 15, 1993 John R. Miller Economic Development Coordinator ^' Rosemount Port Authority 2875 145th Street West P.O. Box 570 Rosemount, MN 55068-5010 Subject: Actual Moving and RelatedExpensesfor Dakota Small Engine Service 13965 South Robert Trail #34-02010-031-60 Rosemount Port Authority Armory Site Project Dear Mr. Miller: Enclosed please find two executed copies of the Business ry Relocation Claim for the above -referenced concern. We have reviewed the claim documentation submitted by the business and have assembled the enclosed claim booklets. We believe all is in accordA�i e with applicable relocation regulations, and request ' your review of the enclosed information. Upon your approval of this relocation claim, please make payment to Dakota Small Engine Service in the desired amount as shown on the Summary Page at Exhibit 1 of the enclosed booklets. Thank you for your consideration of this request. We are submitting this claim at this time to enable the business to finance their move. A subsequent claim will be submitted when the telephone invoice is sent. If you should have any questions please do not _hesitate to call. Sincerely, acquel ne Wentworth ss` Owner/Consultant q'= s ' }' Enclosures Redevelopment Acauisition/Relocation �F John R. Miller Economic Development Coordinator ^' Rosemount Port Authority 2875 145th Street West P.O. Box 570 Rosemount, MN 55068-5010 Subject: Actual Moving and RelatedExpensesfor Dakota Small Engine Service 13965 South Robert Trail #34-02010-031-60 Rosemount Port Authority Armory Site Project Dear Mr. Miller: Enclosed please find two executed copies of the Business ry Relocation Claim for the above -referenced concern. We have reviewed the claim documentation submitted by the business and have assembled the enclosed claim booklets. We believe all is in accordA�i e with applicable relocation regulations, and request ' your review of the enclosed information. Upon your approval of this relocation claim, please make payment to Dakota Small Engine Service in the desired amount as shown on the Summary Page at Exhibit 1 of the enclosed booklets. Thank you for your consideration of this request. We are submitting this claim at this time to enable the business to finance their move. A subsequent claim will be submitted when the telephone invoice is sent. If you should have any questions please do not _hesitate to call. Sincerely, acquel ne Wentworth ss` Owner/Consultant q'= s ' }' Enclosures Redevelopment Acauisition/Relocation EXHIBITS 1) SUMMARY 2) RELOCATION CLAIM; FORM ACTUAL MOVING COSTS AND RELATED EXPENSES FOR BUSINESSES 3) NARRATIVE'ON DIRECT MOVING AND RECONNECTION COSTS; INDIVIDUALIZED COMMENTS, AND RELATED DOCUMENTATION 4) NARRATIVE ON REPRINTING COSTS, INDIVIDUALIZED COMMENTS, AND DOCUMENTATION 5) NARRATIVE ON REPLACEMENT SITE SEARCHING, INDIVIDUALIZED COMMENTS, AND RELATED DOCUMENTATION 6) NARRATIVE ON REESTABLISHMENT EXPENSES, INDIVIDUALIZED COMMENTS, AND RELATED DOCUMENTATION 7) RELEASE; OF PROPERTY 8)ADVZNCE REQUEST 9) NOTICE OF RELOCATION ELIGIBILITY 10) RECEIPT OF GUIDE 11) 90 -DAY VACATE NOTICE 12) CERTIFICATION OF CLAIM 13) QUALIFICATIONS OF CONSULTANT CONWORTN. TNS , SUMMARY Business Name: Dakota Small Engine Service Project Site Address: 13965 S. Robert Trail, Rosemount, MN Business _Owner: John R. Anderson Business Description: This sole proprietorship operates a repair service. Type of Payment:- Actual Moving and Related Expenses Reason: This is the better financial choice for this business's relocation cost reimburs'ement. Claim Summary: - Direct Moving and Rei=nstallation Costs $ 2,535.00 Replacement Site Search Costs $ 975.00 Reestablishment Costs- $10,000.00 Reprinting Costs $ 52.08 Amount of This Claim: -- $13,562.08 Amount of.Previous Claims: - .0- - :n/OOT TP -25151-02 (3/82) �4 COMMERCIAL, STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION CLAIM FOR COMMERCIAL MOVING COSTS See Instructions on Reverse Side Name Dakota Small Engine Service P. 34-02010-031-60 Fud. No. County Dakota Par. No. Owner Al Monk Address 13965 S. Robert T Ci y Rosemount Type of Acquisition Condemnation z Q F'OR STI -177.- USE* ONLY $ 13,562.08 Approved Amount:; S- 1 100 no $ 10,112.08 Approved Acq. Engr. of K/W Approved Date Application Approved' Mail Check To: ' TRAN TYPE Q CLAIAt TYPE INVOICE NUMBER {411 SInC% SEE NO. UFF ❑ Farm - Sigli Removal CC -2 Date of Move 3-1-93 F'OR STI -177.- USE* ONLY $ 13,562.08 Approved Amount:; S- 1 100 no $ 10,112.08 Approved Acq. Engr. of K/W Approved Date Application Approved' Mail Check To: ' TRAN VENDOR NUMBER ' TYPE INVOICE NUMBER ORGANIZATION 011JECI . SEE NO. UFF DEPT.P0/1'O NO . AMOUNT OF INVOICE DATE CC -1 CC -2 CC•3 CC -4 SoUt'CE I hereby certify that the gnods or materials coveted by this claim have been Insprctcd and received or the services have been performed, and are In accordance with specificattons. and are In proper form, kind, amount, and quality, and pay- ment therefore hereby recommended. SYSTEM ASSIGN REF. NO. I DEPT AUTN SIGNATURE LOt:.1'fl(hV 70 WHICH 111i12SONAL PROPERTY WAS A1UVlil-) Addiess 4890-B Biscayne Ave. - City Eagan, MN 55123 rs_ --•— n. 1,1101 WT 01: PAYA1/iN'I' Moving Expense $ 12,587.08 Expense incurred in searching for Replacement Business or Farm . $ 975.00 TOTAL $ 13,562.08 Less Previously Paid $ -,4=0 Amount Yet to Pay $ 10,112.08 the undersigned, do hereby certify that the above inforrTtation is; true and correct, and that any movers' receipts or .tatements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any )cher moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. Inderstand that falsification of any portion of this claim will result in its denial flail Claim to: Da te: Signature---------- DIRECT MOVING COSTS Under applicable relocation rules a displaced business may receive compensation for self -moving the personal property it uses at the project site to a replacement location. Eligible costs, include those associated with disconnecting, and disassembling the personal property, packing the items, carting them, unpacking them, and reassemblingand reconnecting them at the new site. Other eligible costs include those associated with insuring; the move and with providing supervisors from the business to oversee the operation. Compensation for a non -documented self -move ^for the business's general inventory and personal property is determined by securing two bids or estimates of the cost to conduct the move commercially and offering the displaced business the lower bid as -- its move payment. For a "low-cost" move, the relocation rules allow for a moving payment based on one estimate obtained from a professional moving company or a qualified agency staff estimator. The move cost estimate must assume that the transfer will take place within a 50 -mile radius. If a business moves a longer distance, the carting cost must be prorated to reflect a maximum distance of 50 miles_._ Sometimes the services of special technicians are also needed to determine the general moving costs, -such as those provided by plumbers and electricians. These services are usually connected with disconnecting and reconnecting particular items of equipment used by the relocating business. The reconnection eligible for relocation compensation at thereplacement site can include -al -1- T wor necessary to connect the _ relocated pec-e of- -equ ipment--t=om--= - - -the power source located within the buildingtothe particular mot on which the equipment sits within the replacement site. If - a lengthy utility run is required by a business, extending beyond - wham would be considered a.simple reconnect, any money received by -;the business from the displacing agency for the acquisition of a similar utility at the project site is deducted from the cost negessary to pay to put in the run at the replacement, and the difference is the amount recommended for inclusion in the relocation payment. Therefore, the business receives full compensation for the new utility connection between the 'money received for its acquisition and its relocation. Some items of personal property are so specialized that their entire transfer must be handled by the original supplier of the property or a mover specializing in such transfers. Examples of this type of property include telephone systems, alarm systems, and many type's of computer systems. Two specialists are required ju-st to move a business's telephone service - one to disconnect and reconnect the business's telephone equipment and another to disconnect and reconnect service to the equipment. The latter is generally non-competitive, that is, there is only one entity which can provide telephone service and its charges must simply CONWOKTH, INC. be .paid. While there is certainlyabundant competition f comP or telephone, alarm, and computer systems, once a business has chosen the type of system it wishes to use, it generally must be installed by the provider of the system. A business may choose to change suppliers for these types of services at the time of its relocation. The reconnect costs are still allowable so long as the system being installed is similar to the one which was in use at the project site. If the business chooses to upgrade a system at the time of its relocation, the reconnection costs -must' then be prorated so the cost being repaid is reflective of the "''"' amount which would have been incurred had the upgrade not been made. To summarize, then, a business can be paid to self -move its general personal property without documenting any of the costs it actually incurred to conduct the transfer. The amount of compensation is determined by bids or estimates for the move of the general personal property, and by quotes obtained from suppliers/specialists for technical equipment which cannot be handled by commercial movers. The next pages to this claim itemize the cost estimates and invoices from professionals to handle each aspect of the transfer and totals them to show the amount of payment being recommended to the claimant business for a non -documented self -move. CONWORTH, INC- DIRECT MOVING COSTS Business Name: Dakota Small Engine Service Project Site Address: 13965 S. Robert Trail, Rosemount, MN Direct Move of General Personal Property: $2,535.00 Direct Move of Telephone Equipment and Service: Pending Other None Amount Eligible: $2,535.00 Documentation Attached: 2 Moving Bids CQN`VORTH, INC, C.J. Nelson Transfer, Inc.AmericanaAflHALL Specializing in Household, Office Moving & High Tech Equipment Rbrld Wide Monn Dakota Small Engine Service 13965 S. Robert Trail 4 Rosemount, MN 55068 Dear John; Thank you for the opportunity to provide you with our services for the relocation of your service shop and office facilities. -Re: Moving of your service shop and office facilities from 13965 South Robert -Trail, Rosemount to your new location in Rosemount. Moving Procedure: The move should require approximately 30 equipment hours, 80 man hours, plus $135.00 material cost for a total estimated cost of $2535.00. John, if there are anychanges or if you have any questions or concerns, please feel free to give me a call. We will be as flexible as possible to accomodate your move. -- — - -- Sincerely, DanaJ . W �' C.J. Nelson Transfer, Inc. , 8979 Wentwordi Avenue Soutli Bloomington, h'IN 55420 (612.) 881-4211 BESTER BROS. `%actrrc+�ez arrc� .��u7aoe �orrrfiaa� 7}. LOCAL nrm 1%rrmtn Wtt•r Irr ��1^.19.1.1-n1R •.rrr• r t..r: ,• „t, •.r 1•,.tn tAlttrt !.�'�r)!'; L nx 612.451.7964 December 10, 1992 Dakota Small Engine Service 13965 South Robert Trail Rosemount, MN 55068 Dear John: Thank you very much for the opportunity to give you ;an estimate. The estimated price to move your business within the city of Rosemount is $2574.50. The price includes any packing materials, labor, equipment, and transportation of goods needed to complete the job. Again, thanks for your consideration. If you have any questions, please don't hesitate to ,call. Sincerely, BESTER BROS. TRANSFER AND STORAGE COMPANY INC. �'�7L�'� Paul A. Lentz �---� Sales Manager PAL/ds REPRINTING COSTS Almost every business has stationery or otherprintedmaterial which displays its operating address and/or telephone number. When a business moves, such printed matter becomes obsolete since the address and possibly phone number are no longer correct.. Relocation rules, then, permit a displaced business to be repaid for the costs it incurs to update its printed matter with the address and/or _telephone number of its replacement location. Processing of a reprinting claim is fairly straightforward. Each type of printed item to be redone is listed along with the quantity of each on hand at the time of the move. This is taken --to a--pi=inter, who supplies the charge for reprinting each item with the new address and/or telephone number. The total is the amount __of compensation recommended for inclusion in the displaced busines=s's relocation payment for obsolete printing costs. 3 Sometimes quotes must be obtained from several printing suppliers. For example, check blanks can only be replaced by the finahcLal institution which carries the accounts. Promotional items used by some businesses like pens, key chains, calendars, and so forth are provided by a limited number of specialized companies; and some businesses receive stationery and related items from their affiliations, such as a florist being part of -the teff-loral system. If a business uses vehicles with address or phone number lettering on the doors, the cost of -re -lettering the cars or trucks is eligible for repayment under this, provision. When more than one supplier is necessary to update the displaced business's printed matter after its move, the _receivea. -- - - It is also important to mention that once in a while a business deci-des,'to change its name as a resultofits relocation. For exampl-el, the Fifth Avenue Bootery may decide to change its name when it -moves from Fifth Avenue to Main Street. Other examples arenamessuch as Uptown Barbers and the 510 Cafe. If a business uses its address for a portion of its name and chooses to rename -its-ope-ration when it moves from the applicable address, it is our opinion that the cost associated with the name change are eligible relocation costs.' o The next page to this claim describes the printing used by the claimant business which was rendered obsolete as a result of its move, and the cost estimates secured to replace the obsolete printing with updated copy. The total is recommended for inclusin in the claimant business's relocation payment. CONWORTH, INC. OBSOLETE PRINTING COSTS j Business Name: Dakota Small Engine Service ! Project Site Address: 13965 S. Robert Trail, Rosemount, MN Quantity Description Cost i Address Stamp $15.92 r 1,000 Business Cards $36.16 { TOTAL $52.08 Total Recommended Payment: $52#08 Documentation Attached: 1. Printing invoice 2. Samples of printing r CONWORTH, INC. t,Sir Speedy. PRINTING CENTER Dakota Small Engine Service PRINTING BINDERY TYPESETTING COPYING DESIGN COPY WRITING QUOTATION February 3. 1993 ADDRESS STAMP - Self Ink Address Stamp - Black Ink 14.95 7' BUSINESS CARDS - White Vellum Stock Red &Black Ink - Quantity 1000 33.95 LETTERHEAD - 8 x 11, 24# White Linen, Black + Red Ink - Quantity 1000 84.40 #10 ENVELOPES - 24# White Linen Black + Red Ink - Quantity 1000 141.44 Printing 274.74 LETTERHEAD Artwork 37.50' #10 ENVELOPES Artwo-r--k - 22.50- Artwork 2 50Artwork Jeanne Wohlers PRICES ARE GOOD FOR ACCEPTANCE AND DELIVERY FOR 30 DAYS ONLY, UNLESS SUCH TIME IS EXTENDED IN WRITING. 1750 YANKEE DOODLE ROAD #206 9 EAGAN, MINNESOTA 55121 • 452-2013 New & Used Equipment Parts & Sales Selected Rental Items Available DAKOTA SMALL ENGINE SERVICE Chain Saws • Trimmers • Mowers Tillers • Snow Blowers Husgvarna Chain Saws 13965 S. Robert Trail Rosemount, MN 55068 John 423-1523 Sparky DAKOTA --S -k -t- Nrx1NE-SERVICE 13965 S. Robert Trail Aosematrlt, MN 55058 423-1523 SITE SEARCH COSTS Relocation rules state that a business may be repaid for the costs it incurred to search for a'replacement site to a maximum payment of $1,000.00. Claims for site search compensation generally consist of requests to compensate the business for the time its representatives spent in looking for a new location. A log or summary is submitted to document the claim which lists how many hours were expended on the site search over what time period for what locations. Also included is the hourly rate being' claimed by the business as compensation for its representative's time. While a site search claim may include requests for reimbursement of travel expenses such as automobile mileage, meals, and lodging, and also fees paid to professionals such as real estate brokers to help in the site search, these types of site search costs are typically not part of a business's claim. There are generally two elements, then, to evaluate in determining the reasonableness of a displaced business's site search request. The first is the number of hours expended and the second is the hourly rate claimed for the time. Even when a business has an idea of the location to which it would like to relocate, the site search task is still a time-consuming one. A business usually will look in the newspaper for available sites, contact realtors about listings, and also visually search an area for available space. A number of locations may then be physically viewed and after such viewings, the business representatives will meet to discuss the merits of the sites. After the site search has narrowed to a particular location, the business must begin negotiations for the space with the owner or agent and any final agreement often must be reviewed by legal counsel. Also, if the space under consideration would need remodeling or finishing work to prepare it for occupancy, the business will need to expend time in estimating the cost of such improvements to assist it in its replacement site selection. All of these types of activities are part of the site search process. The site search tasks are generally conducted by the owner of a business or, in the case of a larger concern, by employees involved in the upper management of the company._ Determining the location of a business's operation is a major decision for any company and is one that cannot be lightly made. It is normally not delegated to others. Therefore, the rate charged for the business's site search representatives is generally substantial, ranging anywhere from $30.00 or more. The rate is based on the value of the person's time to the company, not on the net received by the actual representative, as it is the business which is losing the use of that representative for other activities while the person is site searching for the relocation. Therefore, the rate not only reflects the salary being paid to the representative but also other factors generally included in such a rate like overhead and profit. The owner/president of a � CONWORTH, INC. J small business, however, may not have an established hourly rate. In most cases, a rate of around $30.00 per hour can be justified and considered reasonable without any other documentation. The next page of this claim summarizes the number of hours spent by the claimant business in its site search efforts, the hourly rate being claimed for the time, and the total amount requested for its site search payment. r--) CONWORTH, INC. SITE SEARCH COSTS Business Name: Dakota Small Engine Service Project Site Address: 13965 S. Robert Trail, Rosemount, MN Total Hours Expended: 32.50 Hourly Rate: $30.00 Total Claimed: #975.00 Maximum Allowable: $1,000.00 Recommended Payment: $975.00 Documentation Attached: Claimant's Statement F i p CONWORT�11C. REESTABLISHMENT EXPENSES The 1987 amendments to the Uniform Relocation Act, and the 1989 implementing regulations thereof found at 49 Code of Federal Regulations Part 24, allow a small business, as defined in 24.2(t) of those regulations, to be reimbursed for reasonable and necessary costs of reestablishing. The total reestablishment benefits may not exceed $10,000.00 Reestablishment expenses may include, but are not limited to, the following; (1) Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. (2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. (3) Construction and installation costs, not to exceed $1,500 for exterior signing to advertise the business. (4) Provision of utilities from right-of-way to improvements on the replacement site. (5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting. (6) Licenses, fees and permits when not paid as part of moving expenses. (7) Feasibility surveys, soil testing and marketing studies. (8) Advertisement of replacement location, not to exceed $1,500. (9) Professional services in connection with the purchase or lease of a replacement site. (10) Estimated increased costs of operation during the first 2 years at the replacement site, not to exceed $5,000, for such items as: (i) Lease or rental charges, (ii) Personal or real property taxes, (iii) Insurance premiums, and (iv) Utility charges, excluding impact fees. (11) Impact fees or one-time assessments for anticipated heavy utility usage. (12) Other items that the Agency considers essential to the reestablishment of the business. Because of each displaced business's individual needs in a move and replacement site, not all of the "categories" shown above will apply to all relocation transactions. The next page presents the claimant business's request for reimbursement of expenses under this reestablishment benefit, explains the expenses incurred, and presents the recommended payments. CONWORT��lC. REESTABLISHMENT EXPENSES Business Name: Dakota Small Engine Service Project Site Address: 13965 S. Robert Trail, Rosemount, MN Replacement Site Address: 4890-B Biscayne Avenue, Eagan, MN The displaced business has submitted and documented the following expenses. for reimbursement under the reestablishment benefit. The numbers listed below relate to the previous page's description of eligible reestablishment "categories". (1) N/A (2) Contractor: Trinebaek Construction, Eagan, MN Amount Expended: $6,900.00 Description of Expense: Remodeling existing structure. Amount Eligible for Payment: $6,900.00 (3) Through (9) N/A (10) Contractor: Richard W. Skinn Amount Expended: $4,800.00 Description of Expense: Increased rent Amount Eligible for Payment: $4,800.00 New Rent $950.00 Old Rent 750.00 Difference $200.00 x 24 Months $4,800.00 (11 Through 12): N/A l Total Amount Claimed: $11,700.00 Maximum Amount Eligible: $10,000.00 Less Previously Paid: $ 3,450.00 Amount Yet to Pay: $ 6,550.00 ,--.) CONWORTH, IN� u TRINEBAEK CONSTRUCTION cv-ial- � ynt n7- a p it at J q 0 G (M4 C6A4 P d 13 (76:5` 0 ,�a&4�t7 f _ tivt -- Uhl -)Lk 1, Bc oeut, i,*-tc c tSu c 't'� , 2- Y'P,44Z�� /"t4 1144� a4�� aWj ate cu , (f'o % crtt Gtr-ct�h a lu,u y',r 3 (�xx uA&4 tzr' /M aU 4w 14� , 41/ 6. f oo • d 4 1f.a'cT�& Wit ►. 'To �//v 14i�i:i 3520 Trails End Road Eagan,M24 (612) 454-6053 I FORM 265 P Lear of Equipment and Other Personal Property. © W.S. BOOTH; BAKER BLDG., M►LS. S5402 SECURITY BLANK BOOK. 365 WACOUTA, ST. PAUL S5101 This agreement, made the 23 day of SEPT 1991 , between ALBERT R MONK , f.4101 19th Aye,SQ EELS- MN 551407 party of -the first part, and`I'OHNI R ANDERSON DBA -DAKOTA SMALL ENGINE SERVICE of iga6 MTrA rRATT EAGAN:- MN 55122. ----, j , .party of the second part: WITNESSETH: 1. That the said party of the first part hereby lets to the said party of the second part all of the following described personal property, to -wit: 1. APROX.1400 sq ft OF SHOP & OFFICE SPACE AT 13965 SO ROBERT,TR. ROSEMOUNT,MN TO BE USED AS A SMALL ENGINE REPAIR SHOP 2. OUTSIDE STORAGE WILL BE LIMITED 3.EXHAUST FAIT & COMPRESSOR WILL REMAIN FOR 'LEASEE TO USE. (LEASEE WILL MAINTAIN& SERVICE. 4.LEASEE WILL PAY OWN'HEAT,PHONE,ELECTRIC & TRASHIPICKUP 5.LEASEE WILL SHARE BATHROOM MITA°A & M BUILDINGS (A & M BUILDINGS WILL PAY 4`50.00 ON LIGHTS PER MOUNTTHI �. THIS LEASE WILL REPLACE LEASE HELD BY AL GAETKE & WILLIAM Mc ROBERTS 7 -ONE MOUNTRS RENT WILL BE HELD IN'DEPOSIT. 3. THIS LEASE MAY BE TERMINATED BY' EITHER PARTY tJF'011 60 DAYS WRITTEN NOTICE 9. LEASEE WILL NQ� BE RESPONSIBLE FOR ANY CODE DIPROVEbIENTS NEEDED .TO OPERATE. for the term of 0 months, commencing on the 1st day of_SEPTEMBER 1991 Y the said party of the second part paying therefor to the said party of the first part at 13465 SO ROBERT TRAIT, ROSFMniTNT_MN gK06Fi .the sum of SEVEN' HUNDRED FIFTY DOLLARS 4750.00 Dollars on the day of each month of the said term. 1 2. That the said party of the second part hereby covenants with the said party of the first part to pay the said rent at the times and in the manner aforesaid, and that, if the said rent or any part thereof shall at any time or times as here- inbefore provided be unpaid, the said party, of the second part will pay to the said party of the first part interest on such A `arrears at the rate of 18 per cent, per annum from the date of default in payment thereof until the said rent +F ghbdl be paid, together with reasonable- charges and expenses for collecting the said rents; to pay all taxes which may be r•. unposed upon the said property white in the possession of the said party of the second part; to use the said property in a careful and prudent manner; not to sublet, mortgage, or in any manner dispose of the same to any person, or remove or attempt'to remove the same, or suffer the same to come into the custody or control of any person other than the said party of the -second- part, without the consent in writing of the said party of the first part; not to suffer any legal process to be levied upon the same; to permit the said party of the first part at all reasonable times to enter upon the premises to inspect the said property; and to surrender the said property up to the said party of the first part at the expiration of the said term in as good condition as when he received the same, reasonable wear excepted. 3. That if any rent hereunder shall be due and unpaid, or if default shall be made in any of the covenants on the part of the party of the second part herein contained, then and in ALny such case the said party of the first part or his legal representatives may, immediately or any time thereafter, take possession of the said property wherever it may be found, forcibly, if necessary, without being taken or deemed guilty of any manner of trespass, and without thereby rendering him- self or themselves liable to refund any sums received as rent as aforesaid, and thereupon this lease shall determine, but without prejudice to any remedies which he or they might otherwise use for arrears of rent or any breach of the covenants of the said party of the second part herein contained. IN WITNESS WHEREOF, Said lessors and lessee.2_ have hereunto set their hands this 23 day of SEPTaI BER 19 91,. In Presence of LEASOR ALBERT R MONK Personal Personal Ac owledgment State of Minnesota ss. County .of On this day of , 19—, before me personally appeared to me known to be the person_ described in and who executed the foregoing instrument, and acknowledged that :_he— executed the same as free act and deed. (SEAL) LEASE 1 This indenture, made and entered into this Alday of i q, 19__23, by and between Richard W. Skinn, party of the first part, hereinafter referred to as "Landlord," and ,o A C01V , party of the second part, hereinafter referred to as "Tenant." Witnesseth: 1. In consideration of the rents and of the covenants and conditions herein contained, landlord does hereby lease and let unto tenant, and tenant does hereby lease, hire and take from landlord the premises i i located in the county of Dakota, state of Minnesota, more particularly described as follows, to wit: _,EVsq. ft. of floor space at Lot 1, Block 2, Hawley's First Addition, q990`413 6:. SC a T,�--4:L'"� i Eagan, Minnesota 55123 n 2. Term. To have and hold the above premises unto the tenant L for a term of 3 years commencing on the day of L ur 19 73, and endingon the ay of 19 } 3, Tenant arees to pay as rent for the demised premises the $ swn of $n per month the first year, $ JS per month the second year and $ per month the third r year. Rent payable on/or before the first day of each month during the term i hereof, payable to Landlord at 594 Huron Court, Eagan, Minnesota 55123, or, at such other place as Landlord may direct in writing. In addition, Co. is required as a deposit. This deposit will be returned upon tenants vacating if all the provisions of this agreement are complied with. 1 C Lease -- 2 4. Landlord agrees to pay, prior to their delinquency, all real estate taxes and special assessments due and payable upon demised premises during the term of this lease. 5. Landlord agrees to the responsibility of securing insurance coverage on the said building in an amount equal to the insurable value thereof and payable to landlord and tenant "as their interests may appear." In the event that the demised premises shall be damaged by fire or other casualty but not rendered untenantable the same shall be promptly repaired with due diligence by landlord. If the damage shall be so extensive as to render the premises untenantable, the rent shall be proportionately paid up to the time of loss and shall thenceforth cease and abate until such time as the demised premises have been restored. Landlord, at his expense, shall rebuild and repair the demised premises as speedily as possible. The proceeds of the casualty insurance shall be used for restoration of the premises. 6. Landlord shall maintain and repair the structural parts of the building in which the lease premises are located including the roof and foundation. Tenant will keep the lease premises in tenantable state of repair as it is at the time of. the commencement of this lease, including heating, air conditioning, lighting and plumbing and all fixtures and window glass. If. damage is done to any part of the lease premises by tenant, their agents or employees, or if tenant neglects a necessary maintenance or repair within the lease premises, landlord may do the necessary work, after giving tenant a reasonable opportunity to do so (no longer than 30 days) and charge the cost of work to tenant. The same obligation will apply to landlord's obligation to repair. Tenant shall not make any alterations of the lease premises without the landlord's consent, but tenant may install equipment and trade fixtures on condition that tenant will pay for the repair of any damage caused by the removal at the end of the lease. Lease -- 3 7. Landlord covenants and agrees that tenant, upon paying E the rent and performing the covenants on its part to be kept, paid or performed, shall peaceably and quietly have, hold and enjoy the said demised premises for the full term hereof. 8. Tenant agrees that he shall at all times keep the premises in a neat, clean and orderly manner, keep the sidewalk and parking areas reasonably free of ice and snow, and will not deface or injure the demised premises nor suffer any nuisance to be maintained thereon. 9. Tenant shall pay promptly, when due, all charges for water, gas, light, fuel and other utilities used or consumed upon the premises during the term hereof. Tenant shall also pay all costs sustained for periodic pumping of non-flammable waste trap and septic tank on an as needed basis. 10. Tenant shall carry public liability insurance with limits of liability not less than $100,000 for any one person, $300,000 for any one accident, and $25,000 property damage, covering the usual risks of owners, landlords and tenants coverage, and naming the landlord as a named insured. Landlord will not be liable for injury, death or damage to or loss of personal property occurring upon the lease premises, nor to tenant or their agents, employees or invitees for injury, death or damage to or loss of personal property occurring within the lease premises. Tenant will hold landlord harmless from any such claim unless such claim is due to the negligence of the landlord. 11. All trade fixtures and equipment, and all other personal property owned and installed upon the premises by tenant shall remain the property of the tenant, and upon any termination of this lease the same may be removed by tenant. Tenant hereby agrees to give a lien to landlord upon all fixtures, equipment and furniture now or hereafter placed in the lease premises in the . Lease -- 4 event of default of payment of rent to the extent of such default. Tenant shall not place any encumbrances against the lease premises and shall not permit any mechanics' liens to stand against the lease premises by persons claiming through tenant. 12. If tenant shall default in the payment of the rental as herein specified or default in the performance of any covenant or condition to be by it performed, landlord may, at his option, after giving notice as hereinafter specified, enter upon the demised premises and take possession thereof without such entry causing forfeiture of the rent to be paid hereunder or declaring this lease terminated unless tenant shall within the time specified, perform the covenant or condition then in default. If. the default is the failure to pay rent, the time specified 3 shall be ten (10) days; if_the 'default is the f.ai:lure to perform any other covenant or condition to be performed, the time specified i shall be thirty (30) days. 13. Each party agrees that it will make no claim for recovery against such other party for damages to or loss of the demised premises or the improvements thereon, or personal property or other contents thereof, which damage or loss might arise by } fire._ or any ;other peril covered -by any ,policy of insurance when 1 said loss is caused by or results from any acts of negligence or carelessness or alleged acts of negligence or carelessness of such other party or any of its officers, agents, employees, or other persons under this control of for whose acts such other party might be held responsible. 14. Tenant hereby covenants that he shall_`conform with all i federal, state and local laws and regulations governing the demised premises in the operation of his business therein, not requiring structural changes, additions or remodeling, and all state and federal laws pertaining to chemical waste disposal. t Lease -- 5 ! 15. Tenant may assign this lease or sublet all or a part j of the lease premises with the consent of the landlord. Tenant's interest in this lease will not pass to a trustee or receiver in bankruptcy, as assignee for the benefit of creditors, or a judgment creditor. Tenant will not be relieved of liability under the terms and conditions of this lease in the event of any default herein by any subtenant. 16. All of.the covenants, provisions, terms, agreements and conditions of this lease shall be construed as covenants running with the land and shall extend and apply to and inure to the benefit Iof and be binding upon the successors, grantees, assigns, heirs, executors and administrators of the respective parties hereto as fully as to the parties themselves. 17. Tenant shall have the first option to purchase the demised premises at the expiration of this term at a fair market value or review and extend the lease for an additional term of 1 to 3 years. In the event tenant wishes to terminate the lease at the i end of its term, a written notice to that effect is necessary at 1 least 90 days prior to the expiration date. Notice shall be deemed given hereunder when properly addressed, postage prepaid E and deposited in the United States mail or served upon landlord in __ pe-rson_----If. tenant avails him or herself ° *'' -i-gh-t <and option-- —��—ter=�� to extend this lease for an additional term, all terms, conditions 1 , and covenants herein contained shall continue to prevail and be in r full force and effect for such extended term except for rental t payments. Since you will be subleasing space, it is your t responsibility to make certain the sublease operates within the state, federal and local codes and laws pertaining to the use of chemicals and their disposal. It is understood that any fines i,. levied by the city and other governing agencies will be, your responsibility, If it becomes necessary for me to deal with any problems arising from operations, you will be liable for the expenses incurred on your or your subleasee's behalf. . Lease -- 6 18. Neither the failure on the part of the landlord to strictly enforce all the terms and provisions of this lease nor the acceptance of rent by landlord after breach by tenant of any covenant or condition herein contained shall operate or be deemed to constitute a waiver of any rights or remedies which, under the terms of this lease or by law, may be available to landlord by reason of any subsequent breach of the terms and conditions hereof by tenant. 19. Upon the expiration of the term of this lease or any renewal thereof., tenant shall peaceably and quietly surrender the possession of the demised premises to landlord in as good condition as the same now are except for ordinary wear'and tear and casualty. i i 20. This lease shall be construed under the laws of. the State of Minnesota. In the event that any of the provisions of this lease shall by court order be held invalid or in contravention of any of the laws of the State of Minnesota or of the United States of America, such invalidation shall not serve to affect the ' {ng .portion of this lease agreement. i 21. Every notice, approval, consent or other communication authorized or requested by this lease shall be efF._ ___ o_: in writing and sent by United States -registered or cert;fl-eJ -wil,_ return receipt requested, with postage prepaid and addressed to the landlord or thLr-t'e'ffant at the following addresses or at such E Z other addresses as either party may from time to time designate by written notice. Any such notice shall be deemed given when deposited in the mail. 4 t .. Lease -- 7 i i To Landlord: To Tenant: In witness whereof, the parties have caused this lease to be executed on the day and year first above written. Landlord: kinn 0 Tenant: ACKNOWLEDGMENTS State of Minn. County of Dakota SS. On this 1 day of , 1992, before me, a Notary Public within and for Said county, personally appeared Richard W. Skinn, to ' me known to be the person described in and who executed the foregoing f j ! instrument, and acknowledged that they executed the same as their free act jand deed. NOTARY PUBLIC i RELEASE OF PROPERTY This is to notify the Rosemount Port Authority that I, John R. Anderson, representing Dakota Small Engine Service, have vacated the property at 13965 S. Robert Trail, Rosemount, Minnesota, on March 1, 1993, and relinquish all rights to property, real or personal,, left at that address. Y _ a i e. CONWORTH, INC. CONWORTH, INC. 4725 Excelsior Blvd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 t January 22, 1993 John R. Miller Economic Development Coordinator Rosemount Port Authority 2875 145th Street West P.O. Box 570 Rosemount, MN 55068-5010 Subject Advance Relocation Payment for. Dakota Small Engine Service Dear Mr. Miller: Attached you will find the documentation for the above business. At this time the owner, John Anderson, is requesting that the Rosemount Port Authority make available to him his first month's rent and the $3,450.00 that is needed for him to start remodeling the replacement site. We feel that this is a prudent request in that Dakota Small Engine Service has documented costs of $10,410.00 to date. Another reason is that this will expedite his displacement from the site as soon as March 1, 1993, and would demonstrate to everyone that relocation is in deed going to happen. Please note that any advance payment that you do give to Dakota Small _Engine Service will be deducted from their final relocation claim. We will be submitting that claim when we have obtained all the documentation necessary. We appreciate your consideration of this request, and Mr. Anderson will be contacting you next in order to at least receive his first month's rent. I have informed him that the other payment would probably not be made until after the February 1,1993, date. Sincerely, Jacquelyne Wentworth Owner/Consultant sl Redevelopment Acquisition/Relocation m .fl m m ID m � m w c O 'O m 06 1 m { V { W December 16, 199 a z a u John Anderson Dakota Small Eng ; 13975 South Robe Rosemount, MN 55vuo RE: Notice of Relocation Eligibility Project Address: 13975 South Robert Trail Rosemount Armory Site Project PID #34-02010-031-60 Dear Mr. Anderson: On October 30, 1992 the 'Rosemount Port Authority submitted a written offer to buy the building at 13975 South Robert Trail. The building is on the site of the planned Rosemount Armory Site Project, f This is a NOTICE OF RELOCATION ELIGIBILITY. Our records indicate that you are an occupant of this building. To carry out our plans to develop the Armory Site Project, it will be necessary for you to move. However, YOU DO NOT NEED TO MOVE NOW. You will t not be required to move without at least 90 days advance written notice of the date by which you must vacate. And when you do move, you will be entitled to relocation payments and other assistance in accordance with Federal regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The effective date of this Notice is October 30, 1992. You are now eligible for relocation assistance. As an owner of the property, you are eligible to receive a payment for the actual reasonable cost of moving your business. If you meet certain eligibility conditions, you may elect to receive a fixed payment in lieuofa payment for actual moving costs that is based on your average annual net earnings. The minimum fixed payment is $1,000; the maximum is $20,000-. You previously received a booklet entitled, "Relocation, Your Rights and Benefits." Please read the booklet carefully. It will help you determine which of these payments is most advantageous to you. Dakota Small Engine Service December 16, 1992 Page 2 I want to make it clear that you are eligible for assistance to help you relocate. In`addition -to relocation payments, counseling and other services are available to you. If you have any questions please call me, your Relocation Counselor. I can be reached at 929-0044 or by writing to me at Conworth, Inc., 4725 Excelsior Boulevard, #200, St. Louis Park, Minnesota. We will certainly endeavor to answer your questions. Remember, do not move before we have a chance to discuss your eligibility for assistance. Please note also that we will need timely advance notice of your move if you apply for reimbursement of your actual moving expenses. This letter is of importance to you and should be carefully filed for safekeeping. Sincerely, Jacquelyne Wentworth Owner/Consultant sl__ RECEIPT FOR RELOCATION INFORMATIONAL BOOKLET Date f,,��?-72 Name ,DIYlre I % f/1� / Address l3 t '7S� SU �Z�'/��Z i iC I have talked with my Relocation Counselor and understand that I may be required to move because of a government -assisted project' - called the We discussed: 1 1. Relocation Services Yes X No 2. Financial Benefits Yes X No 3. Claim Documentation Yes X No ' 4. Grievance process Yes --X - --No - 5. Information Release Yes X No I have -received a --copy of the booklet entitled printed by = - and have _looked it over with --- ithmyCounselor. my Counselor.I understand that my 'eligibility for monetary benefits will depend on my cooperation in providing documentation to establish my claim. My signature on this receipt does not Y obligate me in any way. r-ACONWORTH, INC. m SEND --- •---� ,..----' CONWORTH • Comple PS Folin 3800, June 1991 of • Comple r - _� � � a Y C? F s ¢ o l? N• Prim Yo o .. � ` v - ro: -':, r 4725 Excelsior Blvd. ; m return this ° d ° a v w �° > • Attach ° =r m Suite 200 mm G does not � rc ° Minneapolis MN 55416 i 0• write o. ry' • wet s ,' t o o w me , C delivered. m = o° (612) 929-0044 C i C f v i n r, cm H iQ Ul % 7 (D oa U CL January _28, 1993 , v> 3 h'r d -: ru M � CD0 a a- d W John Anderson z -a cc Dakota Small Engine 51 ignet 13965 S. Robert TraLL -- v,•N 6' �. "' Rosemount, MN 5506 c Signet = PS Form 3811, December 1991 us.a.P.o.:i9w-sm-sw DOMESTIC. RETURN RECEIPT Reference: 90 -Day Address: 13965 S. Robert Trail Rosemount Armory Site Project PID #34-02010-022-60 - - Dear Mr. Anderson: The Rosemount Port Authority is in the process of purchasing the property at the above -referenced -address-. You-wil be required- equired to--move to_move for these redevelopment activities. Tis letter shall serve as a ninety (90) d -ay --notice -to you of the date by which you will be required to vacate your present location. The Port Authority is notifying you that youmust move from the site address by May 1,-1993. You will be given a Pr7._ trt' �td.L—vac:(:Lr-t� caa'L�.. --Your are entitled to relocation benefits, even if you move --prior to the above-mentioned final vacate date. I will continue to -work with you on . -y-our—mo_ve . s --always , size urge- -you tic -all me if- -ou should have any y questions on relocation. I can _- be reached at _.- 29-0044. 9'25-0044.-- Sincerely, Sincerely, )�quelyne Wentworth Owner/Consultant sl Redevelopment Acquisition/Relocation r CERTIFICATION OF CLAIM I, the undersigned, do hereby certify the following; 1. That I have personally inspected the business movable property and its relocation claim herein; 2. That to the best of my knowledge and belief the statements contained in this report and upon which the opinions herein are based, are true and correct; 3. That this claim has been made in conformity with and is subject to the requirements of the Uniform Relocation Assistance and Real Properties Acquisition Act of 1974, as amended, and the regulations of the Department of - Transportation. 4. That neither myself, the company, nor the employees have a present interest or a contemplated interest in the business involved or the real property it occupies; and 5. That neither the employment to make the claim nor the compensation for it are contingent upon the amount of eligible relocation compensation estimated herein. J 'cq el�,� " e Wentworth x1elocaion Consultant Conworth, Inc. Date CON`tIORTH, INC. QUALIFICATIONS Jac(uelyne D. Wentworth PROJECT ASSIGNMENTS: Acquisition, Residential and Business Relocation Services EDUCATION: B.A./1969/Criminal Sociology; Minor in Psychology, University of Minnesota Continuing Education Courses sponsored by the International Right of Way Association, DHUD, NAHRO. Private pilot. Certified dance instructor. PROFESSIONAL AFFILIATIONS: International Right of Way Association, Minnesota Chapter 20, Past Chairman of Relocation Committee. Minnesota Chapter of the National Association of Housing & Redevelopment Officials. Past Board President for Eastside Neighborhood Services. Counselor at Your Emergency Service. Aircraft Owners and Pilots Association. FORMED CONWORTH, INC.: 1989 RELATED EXPERIENCE: Minneapolis Housing & Redevelopment Authority (now MCDA) • Residential rdlocation counselor for 6 years.Also training people from other public agencies in Minnesota, as well as Brazil. Supervisor of trouble shooting team assigned to problem - cases for 3 years. Instrumental in developing E.E.O. policies of Agency. Showcased in training film produced by DHUD. Von Klug & Associates, Inc. Consultant for 11 years in residential and business relocation, as well as acquisition. Activities included work with cities, counties and states rrnnhlrting disrlarvinrrtt ftitided by the Department of Housing & Urban 1)evelolmi ont, the Department of Transportation, the Urban Mass Transit Agency, local tax increment financing, and the Federal Aviation Administration. COMMENTS: Ms. Wentworth has been a guest speaker for the University of Minnesota Urban Studies Courses and the University Women's Auxiliary. She has also participated in instructing classes for local agencies, the Department of Housing & Urban Development (DIRID), the International Right of Way Association (IRWA) and the National Association of Housing & Redevelopment Officials (NAHRO). CONWORTH, INC.