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HomeMy WebLinkAbout4.a. Consideration of Relocation Claims by Mr. Al Monk from the Table of September 21 CYTY OF ROSEMOUNT EXECUTIVE SUbmlARY FOR ACTION PORT AUTHORITY CONIMISSION MEETING DATE: OCTOBER 5, 1993 AGENDA ITEM: RELOCATION CLAIMS FOR AL MONK AGENDA SECTION: OLD BUSINESS PREPARED BY: JOHN MILLER, AGENDA ��� � ECONOMIC DEVELOPMENT COORDINATOR �.� � ATTACHMENTS: SEPTEMBER 21 STAFF REPORT, MONK APPR0,7MTED BY: .� + s,, RELOCATION CLAIMS, PARTIAL TRANSCRIPTION OF ._. - OF CONDEMNATION HEARING RE: MONK - t Commissioner McMenomy has asked this item, tabled at the September 21 port authority meeting, again be placed on the agenda. I've attached, for your information, a partial transcript of the Monk condemnation hearing where the issue of Mr. Monk' s relocation was addressed. The witness first being questioned is the person wh.o submitted invoices for performing the move. Jeff Halbert, owner of A & G Autobody, is the second witness. RECOD�SENDED ACTION: Motion to approve payment of $23,421. 00 to Mr. Monk for personal relocation, search for rental property, and lost rent of property. PORT AUTHORITY ACTION: CITY OF ROSEMOIINT EXECIITIVE SU1��2ARY FOR ACTION PORT AUTHORITY COMMTSSION MEETING DATEs SEPTEN�ER 21, 1993 AGENDA ITEM: PERSONAL RELOCATION CLAIM FOR AGENDA SECTION: AL MONK OLD BUSINESS _ PREPARED BY: JOHN MILLER, AGENDA��(� � � � ECONOMIC DEVELOPMENT COORDINATOR �UI ATTACI�iENTS: PERSONAL RELOCATION CLAIM, LOST APP D _B : RENT CLA.IM, SEARCH FOR RENTAL PROPERTY CLAIM A1 Monk has submitted the following claims to the Rosemount Port Authority: Personal Relocation $13, 879 .00 Search for Rental Property $ 1, 000, 00 Lost Rent ` S 3 , 800. 00 Total $18, 679 .00 In addition, Monk would possibly be eligible for an additional seven months rent reimbursement ($7, 000) and costs of moving the personal property from storage ($5, 500) . The claims were not recommended for approval by Conworth, Inc. and there were parts of the claims I was unable to verify. In working with Mr. Allgeyer, John Connors of Conworth, Inc. , and Mr. Monk's attorney, Jim Dorsey, it was suggested an equitable settlement for all of Mr. Monk' s claims would be payment of an amount equal to the low bid Conworth received from Peipho Storage and Moving Inc. of $23 ,421.60. 1�,�-�a 3t,c79 �Z 3r►o ��_ '__--i 4- 1�� '��1 s RECOIrIlytENDED ACTION: Motion to approve payment of $23,421, 60 to Mr. Al Monk for personal relocation, search for rental property, and lost rent of property. PORT AIITHORITY ACTION: � �-...}� � . 1 1 STATE OF MINNESOTA DISTRICT COURT 2 COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT 3 -------------------------------------------------------- 4 City of Rosemount Port Authority, 5 Petitioner, 6 vs. Court File No. CO-93-6261 7 PARCEL NO. 1 Albert R. Monk, Rosemount National 8 Bank, John Anderson, Dakota Small Engine Service, A&M Building & 9 Supply, Inc. , Deborah Halbert, Jeffrey Halbert, A&G Auto Body, 10 Inc. , and County of Dakota, 11 PARCEL NO. 2 Richard F. Battaglia, Judy Battaglia, 12 Rick's Auto Repair, Charles E. Cunningham, Helen J. Cunningham, 13 First State Bank of Rosemount, and County of Dakota, 14 PARCEL NO. 3 15 Earl J. Tourdot, Karen A. Tourdot, Gene Capocasa, Sandra Capocasa, 16 Tourdot Custom Upholstery, Inc. , Reno's Pizza, and County of 17 Dakota, 18 Respondents. -------------------------------------------------------- 19 20 CONDENIl�TATION HEARING September 1, 1993 21 Partial Transcript 22 DEBRA S. DIKKEN, RPR 23 DANIEL M. LARKIN COURT REPORTERS 1117 Marquette Avenue 24 1709 Symphony Place Minneapolis, Minnesota 55403 25 (612) 341-3282 � . 2 1 2 Condemnation Hearing, Partial Transcript, 3 taken before Debra S. Dikken, Freelance Court Reporter and 4 Dakota County Notary Public, State of Minnesota, on the 5 lst day of September, 1993, at 2121 Cliff Drive, Eagan, 6 Minnesota. 7 8 * * * * * 9 10 APPEARANCES: 11 Commissioners: S. TODD RAPP, BETTY ARMSTRONG 12 and L.T. DUNHAM 13 DAVID A. ALLGEYER, ESQUIRE, of the firm of 14 Lindquist & Vennum, 4200 IDS Center, Minneapolis, MN 15 55402 , appeared representing the Rosemount Port 16 Authority. 17 JAMES DORSEY, ESQUIRE, of the firm of Leonard 18 Street & Deinard, 150 South Fifth Street, Suite 2300, 19 Minneapolis, MN 55402, appeared representing Albert 20 Monk. 21 Also Present: AL MONK, CORY BULTEMA, TTMOTHY 22 LABATTE and JEFFREY HALBERT 23 * * * * * 24 25 � ` 3 1 I N D E X 2 3 Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 7 EXAMINATION OF TIMOTHY LABATTE: 8 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . .4, 25 9 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . 17 10 By Mr. Rapp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 11 12 EXAMINATION OF JEFFREY HALBERT: 13 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . . 27 14 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . . . . . . . 35 15 . 16 Reporter's Certificate. . . . . . . . . . . . . . . . . . . . . . . . . 40 17 18 * * * * * 19 20 21 22 23 24 25 i a 4 1 TIMOTHY LABATTE, 2 called as a witness, being duly sworn, testified as follows: 3 4 E X A M I N A T I O N 5 6 BY MR. DORSEY: 7 Q. Mr. LaBatte, will you please state your name, address 8 and age please? 9 A. My name is Timothy Roland LaBatte, Senior. My 10 current address is 3508 - 39th Avenue South, 11 Minneapolis. My age is 32 years old. 12 Q. Okay. And who did you live with the a 3508 - 39th 13 Avenue South? 14 A. My fiancee, Brenda DuMarce, and my son, Brendon 15 LaBatte. 16 Q. Okay. And what's your educational background? 17 A. High school graduate, diploma, one year building 18 trades, vo-tech, and two years business college, 19 Sisseton Wahpeton Community College. 20 Q. Sisseton Wahpeton Community College? 21 A. Yeah, Sisseton Wahpeton Community College. 22 Q. What state is that in? 23 A. Sisseton, South Dakota, the northeast part of South 24 Dakota. 25 Q. Okay. 5 1 A. And I've been through other management schools. When 2 I was in the military service for six years, they 3 sent me through -- 4 Q. Okay. And what business are you in? 5 A. At the present time, I'm the owner-operator of TL 6 Construction Company. 7 Q. And what's the address of the company or where are 8 you operating out of? 9 A. 3508 - 39th Avenue South. 10 Q. Now, is that a -- il A. I also operate out of -- I do own land and a farm 12 back in South Dakota by Sisseton. Currently I share 13 crop the land, and I do operate out of there also 14 where I keep construction equipment and such at my 15 farm. 16 Q. Okay. What's the name of your company? 17 A. TL Construction Company. 18 Q. And what kind of construction services do you 19 provide? 20 A. Okay. We provide a major part of inetal buildings, 21 pole buildings and various other types of 22 construction which is linked with them. I guess 23 we're not bound to one type of construction service. 24 We like to keep with the metal buildings, the pole 25 buildings. That's our specialty. But by no means 1 6 1 are we Iimited to not doing oth�r types of 2 construction; any kind of construction. I myself 3 have nine years working with various construction 4 companies through the three-state area, South Dakota, 5 North Dakota and Minnesota. And any kind of 6 construction that I can find that will keep my crew 7 busy, that's what I do. 8 Q. Okay. And i forgot to ask you. Is TL Construction a 9 sole proprietorship? 10 A. Yes, it is. 11 Q. And you provide contract Tabor for that kind of work? 12 A. Yes, I do. 13 Q. What kind of work do you provide contract labor for? 14 A. Well, heavy labor I guess. Heavy manual labor jobs 15 that we do, I would provide any type if -- perhaps in 16 the past like if an owner of a house or other wanted 17 his roof shingled and he just wanted to pay the labor 18 portion of it, well, I would provide the labor, men. 19 But I have a list of -- I keep a list of 30 men that 20 I have on hand, both that live around in this area 21 and South Dakota that are willing to work as contract 22 -- or contract labor on certain projects. 23 Q. How did you get into the construction business? 24 A. Well, farming wasn't doing too good and -- 25 Q. I can understand. � � 1 A. Only glad that I'm out of it this year all the way. 2 But besides farming for the last eight to nine years, 3 I -- that's what I've did also, is part-time 4 construction, seasonal construction. 5 Q. Did you hold a position with the board of 6 commissioners of -- for HUD Region 8 Housing? 7 A. Yes. 8 Q. When was that? 9 A. Okay. That was from 1984 through 1986. 10 Q. And what were your duties as the chairman of -- 11 A. We held monthly meetings, monthly general meetings 12 and special meetings. I was delegated or appointed 13 by the tribal council, which I sat on back home. And 14 we were council -- our membership back home, we have 15 10, 000 members. And we roughly have around 925, 000 16 acres. And on those acres we have land. Some of 17 it's mutual self-help homes, roughly about 1,300 18 units that we sat over and we -- 19 Q. You oversee those homes or maintenance of them? 20 A. Yes, we oversaw renovation, maintenance, new 21 construction. 22 Q. what else? Okay. Do you have any elderly housing 23 too? 24 A. Yes, we have seven different districts that we have 25 elderly complexes, seven of them, each district, , 8 1 broken down -- 2 Q. You were the chairman of the board of commissioners 3 for the HUD Region 8 Housing? 4 A. Yes. 5 Q. Do you hold any -- or have you held any positions 6 with your tribe? 7 A. Okay. That's tribal councilman where I was elected 8 and appointed at large; election every two years, 9 general election. 10 Q. How you did you come to work in Minnesota? 11 A. I have relatives out here at the Mystic Lake Casino. 12 At that time it was called Shakopee/Prior Lake. They 13 informed me that they were going to start building a 14 new casino. And there wasn't too much for 15 construction work back there or development. So I 16 looked into here, and I met with the people. I 17 worked with them a while. I worked for them for 18 exactly about six weeks as just as a regular 19 construction worker, carpenter. And I seen that -- I 20 had people back home that were asking me about jobs. 21 I says, Well, here we go to put together a 22 construction company and we can do the -- whatever 23 they need done here, whatever we can do. Metal 24 buildings, I�ve worked with them out of the last nine 25 years approximately about four years. And I knew all , 9 1 the ins and outs on doing metal buildings. So I put 2 together a crew, put together a bid. And I was 3 successful at getting the bid. And it was eight to 4 nine month project out at Mystic Lake redoing their 5 maintenance building out there. 6 Q. Are you just finishing that project up? 7 A. Yes, that's -- we have. 8 Q. Now, did you move or did -- move Al Monk's personal 9 property from the south building on South Robert 10 Road? 11 A. Yes, I did. 12 Q. And did you submit an invoice for that move? 13 A. Yes, I did. 14 Q. I'm going to show you what's been marked Exhibit 5 15 previously in this proceeding and ask if that appears 16 to be a copy of the invoice you sent to Mr. Monk for 17 the services? 18 A. Yes, that was for the actual services rendered to A1 19 on his moving. 20 Q. Okay. And that's the first page. Then you've got a 21 second page which shows some -- I guess some boxes 22 and cartons but also -- 23 A. It's to -- 24 Q. -- move out and a -- 25 A. -- move out of storage too. 10 1 Q. So that is a statement you submitted to Mr. Monk, an 2 estimate? 3 A. Yes, uh-huh. 4 Q. Now, did you submit an estimate for the move out for 5 A1 -- 6 A. Yes. 7 Q. -- before you did the work? 8 A. Yes, prior to that. 9 Q. What do we have here, Exhibit 20? Is this a copy of 10 the estimate you submitted to A1 Monk before you did 11 the move-out work? 12 A. Yes, I did. 13 Q. You estimated the cost would be about $9,000? 14 A. Yes. 15 MR. DORSEY: We would offer Exhibit 20. 16 MR. RAPP: Are you done? 17 MR. DORSEY: I mean, I guess so. No 18 objection? All right. 19 MR. RAPP: I didn't hear any. 20 MR. DORSEY: I was waiting for -- no 21 problem, all right. 22 BY MR. DORSEY: 23 Q. Did you -- and before submitting this estimate, 24 Exhibit Number 20, did you inspect the property and 25 what had to be moved so you could make a reasonable 11 1 estimate? 2 A. Yes. 3 Q. And you estimated it would take seven to eight 4 days -- 5 A. Yes. 6 Q. -- to do the move? 7 A. Uh-huh. 8 Q. And were you contemplating furnishing four men to do 9 the move? 10 A. Yes, at that time I had. il Q. Now, it's been suggested here that the move could not 12 take four men eight days, which is what it took 13 apparently according to your invoice? 14 A. Uh-huh. 15 Q. What had to be moved from Mr. Monk's property that 16 took so long? 17 A. Well, this wasn't your normal household packing. 18 I've also moved homes and so forth. In fact today I 19 was talking about moving a family that called me. 20 But this is all heavy equipment that Al had stored 21 away in his shop, and I think he had it stored away 22 pretty well. It was a lot of heavy equipment. I 23 mean, some of the boxes, small boxes like this, after 24 you load them up with the bolts, equipment, different 25 tools that he used, different things, would weigh 12 1 about around 100 pounds. And this equipment was at 2 his place for quite sometime also, so it wasn't just 3 a matter of just taking it and throwing it in a box. 4 We want to do a neat, professional job, which we did, 5 which meant cleaning off the equipment before you 6 pack it away. It had a lot of dust and different 7 debris on it like that and -- 8 Q. Was there a tool chest involved too? 9 A. Yes, a very heavy tool chest. 10 Q. And auto parts? 11 A. Yes. The tool chest weighing 300 to 400 pounds, 12 heavy air compressors, big auto parts. 13 Q. Auto parts? 14 A. Yes. 15 Q. And you said bolts and other machinery? 16 A. Yes, other machinery too. 17 Q. Now, it was also suggested that there's only 1, 000 18 square feet out of which this had to be moved. Was 19 there an area above the office in the south building? 20 A. Yes, there's an area above the office. Like I said, 21 he had a lot of his things packed away really well. 22 I mean, he made good use of the area or the space he 23 did have in there. It was a task taking things out 24 of there and loading them up and so forth, many 25 trailer loads full. I mean, I stopped counting. But 13 1 offhand I would say 20 to 30 trailer loads come out 2 of his place there, tools and equipment. 3 Q. Okay. And did you have -- did the people who did the 4 labor work, did you have time cards that they 5 submitted? 6 A. Yes, I did. They submitted them each week. 7 Q. I'm showing you what's Exhibit 21 and ask if that's a 8 copy of the time cards? 9 A. Yeah, yup, that's the time cards. I supervised three 10 other employees. il Q. And there's time for yourself on the cards? 12 A. Yes. 13 Q. Showing you what's been marked -- we already marked 14 Exhibit 21. 15 MR. DORSEY: I'd offer Exhibit 21. 16 BY MR. DORSEY: 17 Q. The move was done April 29 through -- or April 19, 18 the 23rd, the 26th and the 28th? 19 A. Yes. 20 Q. And it was, what, eight days and eight hours an 21 employee? 22 A. Yes, we worked eight-hour days. There was no 23 overtime. 24 Q. The work was done by yourself and a fellow named Kurt 25 Snow. Is he a fellow that works for you? � 14 1 A. Yes, he is. 2 Q. And Reynold DuMarce? 3 A. Yes. 4 Q. And Kenneth DuMarce? 5 A. Yes. 6 Q. Are they your girlfriend's brothers, cousins, 7 relatives? 8 A. They're related through marriage, yes. She's -- 9 they're not blood relatives but -- 10 Q. And it was your opinion that the time spent to do 11 this move was reasonable? 12 A. Yes, it was. 13 Q. What equipment did you use in the move? 14 A. We used forklifts. We used a forklift. We had to 15 disassemble a large paint booth. We had air 16 compressors to move. We had large tool chests. We 17 had a cabinet, couple cabinets, fire brick cabinets 18 and -- 19 Q. What kind of trucks did you use? 20 A. We had one-ton truck on the place and a truck with -- 21 I believe it was a 22 foot flatbed. 22 Q. And you had a trailer for the one-ton truck? 23 A. Yes, a tandem trailer behind the one-ton. 24 Q. Was this equipment reasonable to use in the move? 25 A. Yes, it was. He had -- , , 15 1 Q. Have -- I'm sorry. Have you been paid for your 2 services yet? 3 A. Okay. I've been paid 4,000. And as you can see, 4 that covered most of my hired help. But it doesn't 5 cover my wages or a lot of the equipment rental, 6 which I've had money invested in this I guess. 7 Q. Have you sent Mr. Monk a demand letter for -- 8 A. Yes, I have. One thing, you know, starting a 9 business as small as mine is and getting off to a 10 start, it's where I'm using my own cash flow in this. 11 And I like to go from one project to the next, and I 12 do reinvest what I may make out of one project and 13 put it maybe into a little. But I can no longer kind 14 of wait as far as what I have invested into this. 15 Q. So you sent him a demand letter for the additional 16 $4, 179? 17 A. Yes. 18 MR. DORSEY: I won't introduce this into 19 evidence unless you guys want it for paper. 20 BY MR. DORSEY: 21 Q. Is your estimate of the move out at $5, 500 reasonable 22 in your opinion? 23 A. I think it's reasonable. 24 Q. Why is it less? 25 A. It's less because we do have some of the things -- } 16 1 like I said, they were in store -- A1's business 2 there; they were put away for awhile. We did package 3 some of 'em up, and we're hoping that where they're 4 at now they're -- 5 Q. They�ll stay packaged? 6 A. Stay packaged, yeah. Although, you know, I know 7 sometimes -- like he was stating, Mark on the boxes 8 the things in case I need to break something open, so 9 there's always that -- 10 Q. Do you have any other -- 11 A. -- possibility. 12 Q. I'm sorry, I didn't mean to interrupt you. 13 A. That's okay. 14 Q. Do you have any other business relationship with A1 15 Monk? 16 A. Other than we -- some possible joint ventures because 17 I did -- I know A1 now for about close to 10 years 18 and I know him as a reputable steel supplier, and my 19 business right now is the steel building business and 20 I certainly look on to them as a supplier of steel. 21 Q. So you're trying to joint venture somewhat? 22 A. Some different ventures where -- we did have one. 23 There's some casinos going up there where I can 24 possibly furnish the labor, the manpower part; A1 _ 25 could furnish the metal building. And we can joint . 17 1 venture into that like doing different buildings. 2 MR. DORSEY: Okay. I have no other 3 questions. 4 5 E X A M I N A T I O N 6 7 BY MR. ALLGEYER: 8 Q. May I ask how long TL Construction has been in 9 existence? 10 A. June of 1992 . 11 Q. Does TL Construction do any advertising or -- 12 A. Not at this point. Our capital doesn°t allow us to. 13 I mean, I didn't go seek out any bank financing. I 14 have talked to some minority businessmen and -- in 15 Minneapolis, the city of Minneapolis, and they have 16 offered to me help with getting me an office, 17 different types of fundings, grants and so forth. 18 And I do have one lawyer that I am looking up to to 19 get all the papers and such in order. And like I 20 said, we're, you know, relatively young as a company. 21 But we're -- you know, we're doing -- I think we're 22 doing a pretty good share of business right now. 23 Q. Is the company listed in the phone book? 24 A. No, not at this point. Like I said, right now I�m 25 working in different parts, three-state region. If I f ' �Q 1 have a project -- and I do have some projects in 2 North Dakota that may be coming up -- I may be forced 3 to move there and manage those projects. I mean, 4 when you're talking eight to nine months out of a 5 year on a project -- and I used to live on the road 6 doing construction -- I mean, it's worth while at 7 this point an as an owner to move by the site. I do 8 work out of my truck, pickup, and most my tools I can 9 pull behind the truck. 10 Q. I appreciate the explanation, but we can probably do 11 this a little shorter if you'll just answer as best 12 you can. 13 A. Okay, yeah. 14 Q. So you don't -- if I were to try and find your 15 company in the phone book, I wouldn't be able to do 16 that? 17 A. No, you wouldn't be able to do that. 18 Q. And the number that is on the invoice that you 19 submitted has been disconnected or changed; correct? 20 A. Yes. I have been -- and I would say that that is -- 21 I have been through some hardships financing my own 22 projects. And this is part of probably the reason 23 why I'm here today is because this is causing me a 24 hardship, the 4,800 that is owed to me. 25 Q. Okay. And you understand that if your testimony here , 19 1 today persuades everyone that this bill ought to be 2 paid that you're going to make some money on that; 3 correct? 4 A. I don't think -- roughly speaking I don't think I'm 5 going to be making very little. I'm going to clear 6 back some of the money I had back and invested into 7 this in equipment rental and to wages and so forth 8 that was owed to me four or five months ago. I don't 9 think I'm going to be making -- waiting this long for 10 this money I'm going to be making very little. 11 Q. Okay. But you understand that -- 12 A. Yes. 13 Q. All right. Now, does Ms. DuMarce understand that you 14 do business under the name TL Construction? 15 A. Yes, she does. 16 Q. Can you think of any reason why when she was called 17 by Mr. Miller of the City she said she hadn't heard 18 of TL Construction? 19 A. I have no idea. You would have to ask her. 20 Q. Have you instructed her -- 21 A. No. 22 Q. -- to answer the phone in that way? 23 A. No. 24 MR. DORSEY: She's out here if you want to 25 ask her. , � 20 1 BY MR. ALLGEYER: 2 Q. Now, when you moved the various equipment from the 3 premises did you come to any understanding as to 4 whether that was A1 Monk's personal equipment as 5 opposed to business equipment and so forth? 6 A. I did not make any distinctions on the move, I mean, 7 whether it's personal or his own business, no. 8 Q. And you didn't really have any way of knowing that I 9 take it? 10 A. No. 11 Q. And was the equipment within -- you mentioned some 12 area above the office? 13 A. Yes. 14 Q. There was equipment and stuff there? 15 A. Yes. 16 Q. And was essentially that whole building that he 17 occupies full of stuff, or was it just about 1, 000 18 foot square in addition to the stuff above the 19 office? 20 A. I think it was all full of everything -- place you 21 looked on there. I mean, once we went through that 22 building there wasn't one area that we didn't touch 23 that he had things stacked up, put on the wal�s. 24 Q. So the whole building was full of stuff. And was 25 there a front-end loader in there? � 21 1 A. No, not at that time. 2 Q. Okay. Were there vehicles in the building? 3 A. Yes, there was the -- 4 Q. Can you tell me what -- 5 A. -- two vehicles that we moved. There was -- I 6 believe it's a 'S6 Cadillac, and there was a Mustang. 7 I'm not sure of the year, '66, classic car. 8 MR. RAPP: Mr. LaBatte, I'm going to 9 interrupt you for a moment so I can ask counsel 10 something. Point of clarification, are the il parties expecting that the commissioners are 12 going to be determining in any fashion the 13 amount of compensation that Mr. Monk is entitled 14 for relocation or moving costs at all? 15 MR. DORSEY: No. 16 MR. ALLGEYER: I don't anticipate that. 17 MR. DORSEY: No, I don't. I didn't bring 18 it up though. 19 MR. RAPP: So what are we talking about 20 here? 21 MR. DORSEY: I didn't bring it up. I mean, 22 we had a lot of cross examination on it. It was 23 Mr. Monk, who is a veteran of both the Korean 24 and Vietnam wars, that was basically called a 25 liar to his face by Mr. Allgeyer. And I'm here 22 1 to introduce you to Mr. TL Construction. 2 MR. RAPP: Okay. 3 MR. DORSEY: I mean, this is supposed to be 4 a credibility issue, credibility issue. 5 MR. RAPP: Okay. 6 MR. DORSEY: And that's why he's here -- 7 MR. RAPP: All right. That's fine. 8 MR. DORSEY: -- because they brought in the 9 extraneous evidence about -- 10 MR. DORSEY: That's fine. But let's -- 11 what I suggest that counsel do is that counsel 12 restricts the examination, particularly since 13 it's 20 minutes after 7: 00, to issues relating 14 to valuation that we're called upon by the court 15 to consider for the courts -- as officers or 16 appointed commissioners by the court. 17 MR. ALLGEYER: All right. In that case I 18 have no further questions. 19 MR. DORSEY: I have nothing either. 20 MR. RAPP: Well, I do. 21 MR. DORSEY: I didn't want to bring him in 22 in the first place but I didn't -- 23 MR. RAPP: Well, now you've got him here. 24 MR. DORSEY: I know. 25 23 1 E X A M I N A T I O N 2 3 BY MR. RAPP: 4 Q. Mr. LaBatte, I just have a few questions. I don't 5 represent a party. I'm, one of the commissioners with 6 Mr. Dunham and Ms. Armstrong. You build buildings? 7 A. Yes, we do. 8 Q. And you I think indicated that you had built 9 buildings for four of the last nine years? 10 A. Yes. 11 Q. I take it that means that you built buildings part of 12 each of the last nine years? 13 A. Yes. 14 Q. And primarily the buildings that you built were metal 15 buildings? 16 A. Yes, they were. 17 Q. Can you estimate with some degree of accuracy how 18 many metal buildings that you've built over the last 19 nine years? 20 A. I would have to say the figure would be somewhere 21 close to 20, 20. And these are commercial -- these 22 would be considered large -- I could name off, you 23 know, dozens of pole buildings where I built egg 24 buildings for farmers. But these are commercial 25 buildings. � 24 1 Q. How does the building that you moved Mr. Monk out of 2 compare in terms of its construction to the types of 3 buildings that you build7 4 A. The same; it's about the same type of building. 5 Q. And you were in Mr. Monk's building apparently quite 6 a number of hours? 7 A. Yes. 8 Q. Did you have an opportunity to examine it and -- 9 A. Yeah, I think we -- I was, by the way, interested in 10 the tear down of that building there. I wasn't il informed of, you know -- 12 Q. Didn't get the chance? 13 A. Yeah, I didn't -- well, we showed up but it was the 14 13tk� hour type of thing and it's . . . 15 Q. Okay, all right. Well, I'm just sort of flying out 16 of the blue here with a question. 17 A. Okay. , 18 Q. Do you have any opinion that's based on your 19 experience in building metal buildings of the type 20 that Mr. Monk's was and the type that you build -- 21 A. Yes. 22 Q. -- what kind of useful life you either represent to 23 your clients they can expect out of their buildings 24 or the people could expect for a new metal building 25 such as the type he had and such as the type you 25 1 construct? 2 A. Okay. Let me -- okay. I guess the best way I could 3 answer that is, like I said, I was interested in 4 tearing down that building because right now I know 5 of about 12 different businesses located in South 6 Dakota or Minnesota that would like to have a 7 business -- or a building, the opportunity to have -- 8 to get a building like that and move it someplace and 9 set it back up and make a shop. 10 Q. But do you make representations to the people you 11 build buildings for how long they ought to be able to 12 expect their building will be serviceable after you 13 build it, how many years or months or decades? 14 A. Well over 30 years by the life of these buildings. 15 There's -- yeah, there's a lot of buildings out there 16 now that have that life and there's people operating 17 out of them still. 18 MR. RAPP: Thank you. Anybody else have 19 any questions? 20 21 F U R T H E R E X A M I N A T I O N 22 23 BY MR. DORSEY: 24 Q. Just one question. There is a difference between a 25 pole building and structural steel building? , 26 1 A. Yes, there is. 2 Q. And they have a difference in quality of construction 3 and -purpose? 4 A. Uh-huh, yes. 5 Q. Would you agree with -- 6 A. Yes. Structural steel is your more heavy duty, more 7 commercialized building on the market today. And 8 that's what I think people who are into various 9 commercial buildings, that's what they ask for. It's 10 -- you know, although the pole building wood frame 11 might be a little inexpensive, you see more people 12 asking for the metal frame, more durable of a 13 building. 14 Q. Heavier gauge metal siding? 15 A. Yeah, wind loads, snow loads, the whole works. It's 16 a better building. 17 MR. DUNHAM: It's more expensive also. 18 THE WITNESS: It's more expensive. But 19 I've seen I don't know how many buildings out 20 west, particularly out west, bow due to snow 21 loads and that that people try to get by with 22 building a business. And had to dig one person 23 out; snow load caved in their building. 24 BY MR. DORSEY: 25 Q. With a pole building? � , 27 1 A. Yup, pole building. They had machinery in there, you 2 know, whole works. And, you know, it doesn't pay if 3 it's for commercial purposes. 4 Q. Okay. 5 MR. RAPP: Mr. LaBatte, I think we're done 6 with you. 7 8 JEFFREY HALBERT, 9 called as a witness, being duly sworn, testified as follows: 10 11 E X A M I N A T I O N 12 13 BY MR. DORSEY: 14 Q. Would you state your name, age and address please? 15 A. Jeffrey Alan Halbert, 33, 15543 Cornell Trail, 16 Rosemount, Minnesota. 17 Q. Okay. Are you Mr. Monk's son-in-law? 18 A. Yes, I am. 19 Q. And did you -- were you ane of the owners of A&G Auto 20 Body Shop, Inc.? 21 A. Yes, I was vice president. 22 Q. And were you displaced by the condemnation that we're 23 all here for as you know? 24 A. Yes, I was. 25 Q. And does -- did the auto body shop work generate 28 1 hazardous waste? 2 A. Yes, we did. 3 Q. What kind? 4 A. Mainly it was all waste thinner. 5 Q. Pardon me? 6 A. Waste thinner after we painted cars. 7 Q. Waste -- paint thinner or -- 8 A. Enamel thinner and lacquer thinner. We would paint 9 our cars and then we would have to rinse our guns 10 out. 11 Q. Okay. And when did you vacate the A&G Auto 12 facilities at South Robert Road? 13 A. I believe it was May 1 of this year. 14 Q. Okay. How did you dispose of the hazardous waste 15 before you vaaated? 16 A. I had a company come out and pump it out of my drums. 17 Mel's Trucking was the company. They're licensed and 18 bonded and insured with the State of Minnesota. 19 Q. And this is exhibit -- what are we on, 22 -- this is 20 Exhibit Number 22. Is this a receipt they give you 21 to show they came out and pumped the hazardous waste 22 out of your barrels? � 23 A. Yes, it is. 24 Q. And then what do they do with the barrels; do they -- 25 A. This is shipped off site to -- let me find out where } , 29 1 it went to here -- it went to Indiana. Okay. So 2 what they do is they have a smaller truck come around 3 to various body shops, and they'll work an area. 4 See, this time he came out with the Twin City area. 5 He'll fill up his truck. Then they'll -- when that 6 gets full then they'll go and pump it back into a 7 semi, like a big tanker, and then they ship it out of 8 state. All the time that this thing is being 9 transported from the day they pick it up from my shop 10 to the day it is disposed of when it reaches Indiana, 11 I have to -- I'm legally responsible for it. So what 12 we do is we have to pay a fee to have a 24-hour hot 13 line where if this thing happens to -- this truck 14 happens to spill, they can get ahold of ine and we can 15 say, you know, I've got all the documentation that 16 this was picked up. They just want to know who 17 belonged to all this waste thinner. 18 Q. Okay. Well, what happens -- what do they do with the 19 barrels that they pump the waste out of; what do they 20 do with the barrels? 21 A. Well, for the most part when we were still in 22 operation we just left them in a spot and we had to 23 -- they have a tag that we put on there when it was 24 picked up, you know, and disposed of and when we 25 started filling it again. So we had to keep daily � � 30 1 logs of what went in there and how much every day so 2 that when Dakota County came out and looked at it, 3 which they did once a year, that I had all my 4 paperwork in order. And they -- Dakota County would 5 inspect all my manifests. Now, I want to say too, 6 once this stuff reaches the destination, I send a 7 copy to the Federal Government and the State of 8 Minnesota so everybady has got records of it. 9 MR. DORSEY: Okay. We'd offer Exhibit 10 Number 22 . 11 THE WITNESS: Now, in this particular case 12 when we closed the business by law I cannot 13 dispose of these barrels unless I cut the 14 bottoms -- 15 MR. ALLGEYER: Excuse me. I'm going to 16 object on the grounds of lack of foundation. 17 The witness hasn't shown that he knows what the 18 laws are for -- 19 BY MR. DORSEY: 20 Q. Well, let's get technical. So what do you have to do 21 by law? 22 A. By law you cannot dispose of these containers unless 23 the tops and bottoms are cut out. Once you do that 24 and the material is pumped out of it, then you can 25 dispose of them, which in this case it Could have � 31 1 gone to the scrap yard which -- I don't know where 2 they are. 3 Q. Now, are there also some five gallon cans that are in 4 the back of your shop? 5 A. Yes, there were. 6 Q. What are those? 7 A. Those were same thing, empty thinner cans. 8 Q. Okay. Those are -- those you don't cut the tops and 9 bottoms out of; those are just empty ones that have 10 been used? 11 A. Right, I did not have to do that. 12 Q. Okay. And then after your -- Mel's picked up your 13 waste thinner, did you have an inspection done by 14 Dakota County? 15 A. Yes, I did. They came out and did what they call a 16 closure on my property to make sure that I was in 17 compliance with everything and was not leaving any 18 hazardous materials behind. 19 Q. So they inspect your property? 20 A. Yes. I can't remember the gal that came out there. 21 Maybe it's on there. She walked around my property, 22 saw the empty containers out back, saw that there was 23 no left-over hazardous waste and everything had been 24 disposed of properly. I showed her a copy of this 25 manifest, that stuff had been picked up. And she . 32 1 said, "Everything looks fine to me. " She filled out 2 that form, checked everything off, gave me a copy of 3 it. 4 Q. I'm going to show you what's been marked Exhibit 5 Number 23 . Is that what she checked off? 6 A. Uh-huh. She did -- checked off the proper manifest 7 and completions and land disposal restrictions. 8 MR. DORSEY: We would offer Exhibit Number 9 23. 10 THE WITNESS: That was all that was 11 required of ine to close my business. 12 BY MR. DORSEY: 13 Q. I want to show you what's previously been marked 14 Petitioner's Exhibit 1. Are these the kind of 15 containers that were on the back of your property? 16 A. For the most part -- most of them. Some of them I do 17 not recognize. There's a few here I don't know whose 18 they are. 19 Q. You don't know what they are? 20 A. No. They do not belong to me. 21 Q. Laundry detergent, is that the one, and -- 22 A. Well, let's see here. Like this one and the oil pan 23 and that one and those three there I guess would be 24 the -- 25 Q. So you're talking about the ones that look like T a 33 1` they're plastic and the oil pan? 2 A. Yup, right. 3 MR. MONK: Stuff they picked up back at 4 Rick's down there. 5 MR. DORSEY: Oh, they picked up in back of 6 Rick's? 7 MR. MONK: Uh-huh. 8 BY MR. DORSEY: 9 Q. Now, the empty barrel is scrap metal after they've 10 been picked up like that? 11 A. Yes, they are. They're ready to be disposed of. And 12 what they would do then would be taking it with scrap 13 metal, your used fenders, hoods, whatever have you, 14 that they could -- they could crush them. 15 Q. Now, before you vacated the property on May 1 or on 16 or about May 1 did you walk the property to see if 17 there was anything down the ravine behind the 18 property? 19 A. Yes, I did. 20 Q. Did you see anything down there? 21 A. I did not leave anything. 22 Q. Did you see anything down there, any barrels down 23 there? 24 A. No, sir. 25 Q. Did Mr. Miller of the Rosemount Port Authority or a • 34 1 anyone on behalf of the Rosemount Port Authority ever 2 call you about barrels in the back of your property 3 or five gallon cans and ask you whether or not they 4 had been emptied, whether or not you had any proof 5 they had been emptied, anything about them? 6 A. No, they did not. But if they would have they could 7 have saved themselves a lot of time and money. 8 Q. Now, did you try to relocate A&G Auto Body Shop in 9 Rosemount? 10 A. Yes, I did. il Q. Why didn't you do so? 12 A. Well, it seemed that every time we wanted to move to 13 a certain location there was always some reason or 14 another, always off the record on their part, why we 15 could not go to that specific spot we had chosen. 16 Q. Okay. 17 A. That was basically the long and short of it, you 18 know. Every time we wanted to go here, they said, 19 No, you're not good enough for this location, it 20 costs too much, da da da da da. 21 Q. Have you ever seen the gentleman sitting in the 22 corner, Cory Bultema? 23 A. No, sir. 24 Q. Did you ever see him inspecting the property, in any 25 manner inspecting the property while you were there? . 35 1 A. No. 2 MR. DORSEY: I have no other questions. 3 4 E X A M I N A T I O N 5 6 BY MR. ALLGEYER: 7 Q. When you vacated the property, there were a number of 8 barrels like the ones on Exhibit 1 still on the 9 property somewhere; correct? 10 A. Exhibit 1, these little ones you mean? 11 Q. Well -- 12 A. Or the big ones you're talking about? 13 Q. Well, let's look -- 14 A. These three big ones. 15 Q. And those were still on your -- 16 A. Yes, they were. 17 Q. -- property when you vacated the property? 18 A. Uh-huh. 19 Q. And you didn't make any effort to dispose of them, 20 scrap them out, anything like that? 21 A. No, because I had talked to the demolition crew and 22 they said, "Go ahead and leave them there. We'll 23 dispose of them with the rest of the remaining scrap 24 metal. " 25 Q. Al1 right. Now, did you ever think about taking off � ♦ 36 1 the sticker that says "Hazardous waste. Contact the 2 nearest police if this is found"? 3 A. As far as I knew, I was not required to do so after I 4 had cut the lids off it. 5 Q. And you didn't see anybody from Rosemount or the 6 contractor throw these barrels to the bottom of the 7 hill or anything, did you? 8 A. No. The day I left I had left it right outside the 9 rear of the building where we kept all our scrap 10 metal. il Q. And the day you left was when? 12 A. I believe it was Friday. I don't know if it was the 13 ist of May, but it was the last Friday of that month. 14 I think Saturday was May l. I'm not -- 15 Q. So you left on Friday and you don't know how the 16 barrels -- 17 A. No, I vacated on that Friday and I was never back 18 again. I was not allowed to go back on the property. 19 Q. You don't have any reason to believe that contractor 20 threw these to the bottom of the hill? 21 MR. DORSEY: I object; it calls for 22 speculation. 23 THE WITNESS: I couldn't tell you who did 24 it one way or the other. I don't know why they 25 would do it. ► 37 1 BY MR. ALLGEYER: 2 Q. Okay. So you have no -- 3 A. Could have been kids, you know. 4 Q. You mentioned that the City -- you tried to relocate 5 in Rosemount but you weren't able to or something to 6 that ef f ect? 7 A. Correct. , 8 Q. Okay. Now, you did tell Rosemount that you were 9 planning to relocate to a different city? 10 A. After all efforts had failed to stay in this location 11 -- you know, in the city of Rosemount. 12 Q. Did you relocate there? 13 A. I have not yet, no. 14 Q. Are you in the process of doing that? 15 A. I am still in the process of working with the City of 16 Rosemount. 17 Q. And they're working with you to -- 18 A. No, they're not working with me or I would have been 19 relocated already. 20 Q. You did receive relocation funds? 21 A. Some. 22 Q. What did you do with the stuff that came out of the 23 A&G Auto Body facility; are you storing that 24 somewhere? 25 A. Yes, I am. r � 38 1 Q. Where are you storing it? 2 A. In a building. 3 Q. What building? 4 A. It's just a shed I'm renting. 5 Q. And where is the shed located? 6 A. In Rosemount. 7 Q. Is it the same shed where Mr. Monk is storing some of 8 his stuff or is it a different one? 9 A. Same. 10 Q. Same one. Do you pay rent for that? 11 A. No. 12 Q. How much stuff do you have in there? 13 A. Oh, basically -- 14 MR. RAPP: I tell you, I don't really care. 15 I mean, it isn't his condemnation. It's Mr. 16 Monk's. We did confirm earlier that we were 17 dealing with the land, not with anything having 18 ta do with relocation. 19 MR. ALLGEYER: All right. So he's not to 20 answer any more of those questions along that 21 line? I mean, that's perfectly fine. 22 MR. RAPP: I mean, I'm not going to tell 23 you not to ask whatever questions you want, Mr. 24 Allgeyer. All I'll say is I'm not real 25 interested in hearing they questions or the r 39 1 answers. It doesn't pertain to the issues that 2 are bef ore us. 3 MR. ALLGEYER: Okay. We can take that all 4 up later. I don't have any further questions. 5 MR. DORSEY: I don't have any more 6 questions. 7 (Recess. ) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P 40 1 STATE OF MINNESOTA ) 2 ) ss. COUNTY OF DAKOTA ) 3 4 BE IT KNOWN THAT I, Debra S. Dikken, 5 the undersigned, a duly commissioned and qualified notary 6 public within and for the County and State aforesaid, do 7 hereby certify that the foregoing is a true and correct 8 copy of my original stenotype notes taken at said 9 proceedings; that I am neither a relative of, nor attorney 10 for, any of the parties to the cause and have no interest 11 whatever in the result of the same. 12 13 WITNESS MY HAND AND SEAL this 15th day of September, 1993. 14 15 16 DEBRA S. DIKKEN, RPR 17 18 19 20 21 22 23 24 25 . + . '$' 612 829 0568 CONWORTH, INC PUZ Ct�NW+DR�''H, II�T�. . 4725 Excelsiot Blvd. � Sufte 204 ' Mlnneapolis, MN 5541� • ' (612) 929-0044 Ju�.y 12, 1993 John R. Miller Economic Development Coordinatar kr�semoun� Port Autharity 2$75 1.95th Stzeet West P.O. t�ox 57t� Rc�semount, ML+i 5506$-5�7.0 :• Subject: Lost Rent from Prop�ertfes at the Rt+semount Pc�rt Autlhor3ty Armary Site Pxoject Dear Mr. Miller: �7n behalf of Albert Monk, we are subm3.tting hi.s listing 4� rent lost by. having busi.nesses move .out priar to tlze Ro+semcunt Port Authorzty acquiring his praperty. It is aur understanding that the Port Authority would make r�s��.tution to Mr. rtonk for these costs. We appreciate your attentian ta this ma�ter. If you da have any questions, pl�ase feel free to �antact Mr- Monk directly. Sincer�ly, � r � ..L� ��i�i�'^�t'Z s �c ��p yne wentworth ownezlCan�uztan.t sl Enclosure r � r � , , � � '�``� � . . _ . . . . • •.• ,-- � ,, _ � Y '� 612 929 0568 CON�ORTH, INC P0� . - Lost Rent Dakvta Small Engine ' March and April ($754.04) $1,500.04 A � G Autobody Apz3.l $1,550.04 A & M Fhti�ding & SupplY► Inc. $ 750.00 . TOTAL $3,500.0fl Alk�ert R. Mank Date • �. •, RENTAL REALTY RELOCATION CLAIM JULY, 1993 : . ALBERT R. MONK _ 13965 SOUTH ROBERT TRAIL ROSEMOUNT, MN PARCEL .#34-02010-022-60 . ROSEMOUNT PORT AUTHORITY ARMORY SITE PROJECT �^- . � . � � � � � �� . � / , . � - � � � � � . � �� . � CONWOR'I H, INC. 4725 Excelsior Blvd. i Suite 200 . . . Minneapolis, MN 5541�i � (612) 929-0044 � July 12, 1993 John R. Miller - _ Economic Developrnent Coordinator Rosemount Port Authority 2875 145th Street West � �P.O. Box 570 � Rosemount, P�t. 5�068-5010 Subject: Search:ing Expense Claim for Albert R. Monk 13965 �outh Robert Trail #34-02�10-022-6Q - Rosemount Fort Authority Armary Site Project Dear Mr. Miller: Enclosed please :Eind two executed copies of the Rental Realty Relocation Claim for the above-referenced concern. We have reviewed the cla:im documentation submitted by the business and i have assembled the enclosed claim booklets. We believe all is in accordance with �3pplicable relocation regulations,. and request your review of the enclosed information. Upon your approv<�1 of this relocation claim, please make payment to Albert R. Monk 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. No subsequent claims are anticipated. If you should have any questions, please do not hesitate �.o call. Sincerely, � � Jac�L= t� %/l/, Z,,��'' el ne Wentwc�rth � Owner/Consultant sl Enclosures CITY OF ROSEMOUNT EXECUTIVE SUNIlKARY FOR ACTION PORT AUTHQRITY COMMISSION MEETING DATE: OCTOBER 5, 1993 AGENDA ITEM: RELOCATION CLAIMS FOR AL MONK AGENDA SFsCTION: QLD BUSINESS PREPAR.ED BY: JOHN MILLER, AGENDA ���� � �}�w ECONOMIC DEVELOPMENT COORDINATOR � � ATTACHMENTS: SEPTEMBER 21 STAFF REPORT, MONK APPRO D BY: RELOCATION CLAIMS, PARTIAL TRANSCRIPTION OF OF CONDEMNATION HEARING RE: MONK -� � -� c Commissioner McMenomy has asked this item, tabled at the September 21 port authority meeting, again be placed on the agenda. I've attached, for your information, a partial transcript of the Monk condemnation hearing where the issue of Mr. Monk' s relocation was addressed. The witness first being questioned is the person who submitted invoices for performing the move. Jeff Halbert, owner of A & G Autobody, is the second witness. RECOMMENDED ACTION: Motion to approve payment of $23,421.00 to ' Mr. Monk for personal relocation, search for rental property, and lost` ' rent of property. PORT AIITHORITY ACTION: CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION PORT AUTHORITY COMMISSION MEETING DATE: SEPTEMBER 21, 1993 AGENDA ITEM: PERSONAL RELOCATION CLAIM FOR AGENDA SECTION: AL MONK OLD BUSINESS _ PREPARED BY: JOHN MILLER, AGENDA�nJ� � � � ECONOMIC DEVELOPMENT COORDINATOR IYf � R ATTACffi�2ENTS: PERSONAL RELOCATION CLAiM, LOST APP D .B : RENT CLAIM, SEARCH FOR RENTAL PR�PERTY CLAIM Al Monk has su}amitted the following claims to the Rosemount Port Authorit�: Personal Relocation $13, 879 .00 Search for Rental Property $ 1, 000. 00 Lost Rent � S 3 .800 .00 Total $18, 679 . 00 In addition, Monk would possibly be eligible for an additional seven months rent reimbursement ($7, 000) and casts of moving the personal property from storage ($5, 500} . The claims were not recommended for approval by Conworth, Inc. and there were parts of the claims I was unable to verify. In working with Mr. Allgeyer, John Connors of Conworth, Inc. , and Mr. Monk' s attorney, Jim Dorsey, it was suggested an equitable settlement for all of Mr. Monk' s claims would be payment of an amount equal to the low bid Conworth received from Peipho Storage and Moving Inc. of $23,421.60. � g'��q 31,I'iq t2 30� 1 1��4Z{ �� ���q - 7�s- _ REC01�2ENDED ACTION: Motion to approve payment of $23,421. 60 to Mr. A1 Monk for personal relocation, search for rentai property, and lost rent of property. PORT AIITHORITY ACTION: x '$ 612 929 0568 CONwORTIi. IhC P�2 r �t�I\TW�R'T�I, II�T�. . 4725 Excelsior Blvd. . sujce zoa M}nne�polis, MN 55418 ' (612) �29-0044 July 12, 1993 John R. Mi1.1er EcQnomic Development Coordinator xnsemount Port Autha�ity 2875 �95th Stzeet West P,O, t�vx 570 Rasemount� MN 55068-5QJ�D z Subject: Lost Rent from Properties a� the Rosemaunt Part A►.ithar3.ty Armory Site Project Dear Mr. M3.lier: On behalf of Albert Monk, we are subm3.tting h3.s listing of rent last by. having businesses move out� .prior tc� t1Ye Rvasemount Pv.rt Authvr�.tY acquiring his praperty. It is our understandinc3 that the Port Authority wauld make res�itutian to Mr. Monk fQr these costs. We appreciate your attention tc� �his ma�ter. If you �la have any questions, please feel tree to �ontact Mr. Monk direCtly. sincerel.y, r � � /J�t�,�G��~�` ac up yne wentwarth �Wn@z/CQn�ultant ,_s l Enclosure ; -,�. _ . '8` 612 929 0568 COr1�'ORTH, I'�C PQ� Lost Rent Dakota Small Engine - March and Apr�l ( $75Q.00) $1,500. 04 A & G Autobody Aprz� �1,SSO.OQ A & M E�i7.ding & Supply, Inc. $ 'I50.00 TOTAL $3,800.Ofl Albert R. Monk Date � < �..a..,. --��' �•� r RENTAL REALTY RELOCATION CLAIM JULY, 1993 ALBERT R. MONK � . ].3965 SOUTH RO$ERT TRAIL ROSEMOUNT, MN PARCEL .#�34-02010-022-60 ROSEMOUNT PORT AUTHORITY ARMORY SITE PROJEGT . ��' . . � K, ri .•t:Yltswt�"�: l''�ii£���'R "',12�� �. CONWORTH, INC. 4725 Excelsior Bivd. Suite 200 . _ Minneapolis, MN 55416 . (612) 929-0044 . July 12, ].993 John R. MiZler Economic Development Coordinatar Rosemount Port Authority 2875 145th Stree� West . � •P.O. Box 570 � Rosemount, N�T. 55068-5010 Subjects Searching Expense Claim for Albert R. Monk 13965 South Robert Trail #34-02010-022-60 - Rosemount Port Authority Armory 5ite Project Dear Mr. Miller: ; Enclosed please find two executed copies of the Rental Realtg 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 accordance with applicable relocation regulations,: and request your review of the enclosed information. Upon your approval of this relacation claim, please make payment to Albert R. Monk 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. No subsequent claims are anticipated. If you should have any questions, please do not hesitate to call. Sincerely, � / Jacc�Lc t� /it/ Z���'' el ne Wentworth Owner/Consultant sl Enclosures • ' . 4:`w<�'7, '-:N: EXHIBITS � I.) SUMMARY 2) RELOCATION CLAIM FORM - ACTUAL MOVING AND RELATED EXPENSES FOR BUSINESSES � 3) NARRATIVE ON REPLACEMENT SITE SEARCHING, TNDIVIDUALIZED COMMENTS, AND RELATED DOCUMENTATION 4) RELEASE OF PROPERTY t � 5) GERTIFICATION OF CLAIM 5) QUALIFICATIONS OF CONSULTANT i i I _ � . � I I . ' Y3e — '_ _--_ _ _ ___ — __ I _.�wuars � ��t . � — ..�, . -•�,.-�.-.�. .. . �n • .:}�'y�. ♦.�.+.'a Y-:�•' :'k.F�il SUMMARY I . � Business Name: Albert R. Monk - Project Site Address: 13965 S. Robert Trai1, Rosemount, MN Business Owner: Albert R. Monk Business Description: Rental of commercial unit. Type of Payment: Actual Moving and Related Expenses Reason: This is the better financial choice for this business's relocation cost reimbursement. % Claim Summary:. Replacement Site Search Costs $1,OQ0.00 Amount of This Claim: $1,000.00 Amount of Previous Clai.ms: '�' � Total Claims to Date: - � $1,000. 00 . Less Amounts Faid: 'p- Total Due: $1,000.0� Send Payment To: Albert R. Monk 4101 19th Avenue South Mi.lneapolis, NIN 55407 ,. .. � :... _ _ _ . .. .,..- �. . ..,...r;'y�ay,� �c., .. ..�., �, .�- ..,�r�a..- y.�. . , .. . _. ,. . �- - --- ' ----- . : '--. �.:'.... . � - . � . , ' _.. � . . ._ . - . . _ . . t.... . .. .... ,_� r. .. . ��.•_' . _. - ... �� . . . . `? . /DOT TP•25151-02(3/82! . . ' • -:COMM�RetAL _ _ � STATE OF MINNESO7A � • . � " � QEPARTMENT OF TRANSPORTA?ION y,w�c+., - . � . -� . .. , � � . . . � � . . ' ���� CLAIM FOR GOMMERGIAL MOVING COSTS . • ' °r� See Instructions on Reverse Sidc � FUJt S7i17?i,Usti UNI.Y w,n,c Albert R. Mank i,000,Q0' '. . A��pruvcd An�otint ! .�.P. 34-02010-022-60 • . . Ap�truved DS�COC3 __ Acq. Engr.ul {t/W rrd.No. � � � County A�r�rnvrd — ' �lrl.t.'.i,.•. ?ar.No. Owner S�� ' • Date APplicatic�n Approved 13965 S. Robert Trail .4ddreu City Rnccmn��nt , - Mail Cirrck l'o: rYFc c�f Acquisition Condemnation . ./���PI: UI'CL:I�r1I TRAT:VENDOR NUMBER TYPE 1L�� � . INVOICE NUMBER ~_•. nRGANiZAT10N � (111X11l1'Sa . . . . . SEQ.NU. .UPF DEPT.PU/I fi Nt1 t�It.�fCl Z� I'anll � AMOUN i OF INVOICE OATE � CC:-1 CC•? 2� F-0 ❑ �a �i�n ILcfnova� «"� CC.q SOUfiCE �LtJ I hr�cbY�ctl►1Y tliat ihrt g•u��l: ur u�alr.rfatt cpvcrcd bv tlds Q H � � � � .U�litt h�ve�bCeb(niprCiCtl tnd rr.Crlvetl ur.the scrvlCes ha�C• . �u- Datc �(Movc 5-1-93 u�e�c«�o.�*+�a, an0 are In accordance wilh soccfficallons. V Q �nd�re In proDcr fom�, klnd,amounl,and quaUly,and pay- �N ment thereforo herebyrecommeaded. �� Q p � � O SYSTEM ASSIGN REF.NO. 4EPT AUTH SIGNA7UFiE V�(`7 Z -----•._ _..__.. �/:<K::1'/7UN 7c) i�.!►!C'J/l'littSON^1(,f'ItOi'1_Jt_/'1'_II'.iS_dtU6'/�/)� ..._.._. ..._._. � ������«� Not Yet Det�rmined c:ity � o�. -- —'— r :t,1�t)ta/�''l'Ut�1'.•f 1',1!lsN7' Moviny Expense � $ -0- Expense incurred in searching for Replace�nerit�Business or Farm $ 1,000.00 TUT��L $ 1.000.00 he undersigned, do hereby certify that the above inforrnation is true and correct, and that any movers' receipts or ten�ents attached heretoaccurately re�resent the ex�enses incurred. 1 further certify tt�at ! have not submittecl any ier moving claim for reimbursement of, or received compensation for, any expense in connection wiih this claim,l �erstand that falsification of any portion of this claim will result in iis denial. ;� ��,�►„ �o: �_ j� ! g� Date: . ._ ..��:.d..�n-,- .i ..3rr�_ — - . . " . . . . . . . . . . � �: SITE SEARCH COSTS Relocation rules state that a business may be repaid for the costs it incurred to seareh for a replacement site to a maximum ' payment of $1,000.00 . Claims for site search compensation � generally consist of requests to campensate the business for the time its representatives spent in looking for a new location. A �� log ar summary is submitted to document the claim which lists how � many hours were expended on the site search over what time period ! for what locations. Also included is the hourly rate being � claimed by the business as compensation for its representative' s i time. While a site search claim may include requests for � reimbursement af travel exgenses sueh as automobile mileage, � meals, and lodging, and also fees paid %to professional.s such as real estate brokers to help in the site search, these types of site search costs are typically not gart of a business' s claim. There are generally two elements, then, to evaluate in determining the reasonableness of a displaced business' s site search request. The first is the number of hours expended and the second is the hourly rate claimed for the time. Even when a business has an idea of the location to which it would like to relocate, the site search task is still a time-consuming one. A business usually will look: in the newspaper for available sites, contact realto=s about Iistings, and also visually search an area for available space. A number of locations may then be physically viewed and after such viewings, the business representatives will meet to discuss the merits of the sites. After the site search has narrowed to a particular location, the business must begin negotiations for the space with the owner or agent and any final agreement often must be reviewed by legal counsel. Also, if the space under consideration would need remodeling or finishing work to prepare it for occupancy, the business will need to expend time in estimating the cost of such improvements to assist it in its replacement si�e s$lection. All of these types of activities are part of the site search process. The site search tasks are generally condueted 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 far 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 oz 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 lasing 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 ownerJpresident of a ���1�S�nr�rrL7 TrTr . , � .. ;' small business, however, may not have an established hourly rate. �; - Tn most eases, a rate of around $30 .00 per hour can be justified , and eonsidered reasonable without any other documentation. : ; The next page of this claim summarizes the number cf hburs spent � by the claimant business in its site search e�forts, the hourly rate being claimed for the time, and the total amount requested for its site search payment. ' � i . . . � . � . � . . . ���. � ' � � . � f . . . . . . � � - � . . . � � � � � � � : � .. �.:�.. � . . � � � . � . � 1 � . . . . . . .'. . . . . . � . . � . . . . t . � � . . � . . . � } . � . � � � . � . . � . . . � { . � F . . .. . ". . � . ..� 1 � � . � � . . . � � . � � � .`i. { F � (''(11�T�X7(1RTT� T?�T� r � � . . . . . . . . � . . . . � . . . � �. � � .t��. . . � . . . � � . . � [ SITE SEARCH COSTS � � � I Business Name: Albert R. Monk/Rental Realty Project Site Address: 13965 S. Robert Trail, Rosemount, MN Total Hours Expended: 36. 00 Hourly Rate: $30.00 Mileage: 700 miZes @28.5� mile = $199.50 � �: c: Total Claimedz $1,279.50 ;;; ; . � . 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I( �� .. , � _ __�_.. .._ -- .. ...- - __:�_���___. _, .� ���ox t„�,..- ��ti�_ __ _. _y�/._� s. _ �: :t, - __ �r .__.�.. .-- __ . . .. ._._ ... . _... _ ' ___ _ __. _.. _ �a �. �'"' ' ��� . �G. . ���s.. �i / /�} / �}},..o ` � . .. � . _ _ --.. . _ �� _ _ __. , - { t i /� � � �+ �h+ } , �G9'Gl._ /�'3^' � _ �� . .- - - • (IIP�o� %�,LA� . �� ;, " ., - ;; . 1 r . . _._ . t � .__ �� .. . . . .. ._'_ __' ' . . . 1: . . r� . . . . . . ' t: . '- �� ' ' . ..` .�-^ . � � . . ` . . . 11 . .-- � . _ _._. . .. . . . ._. �i _ . . _ .._. � � .- � - - � -- ---- _ ._. __ � _.�.__ �_.. _ . .. _. _ . _ ;t . '� � . . i ' � , . .�. :�-� - -----.�• ;,:<:. �- .«. ;,.�. ,.T, i , . ;. ; RELEASE OF PROPERTY � ; This is to notify the Rosemount Port Authority that I, Albert R. Monk, representing my rental realty business, have vacated the property at 13965 S. Robert- Trail, Rosemount, Minnesota, on May . 1, 1993, and relinquish all rights to pr.operty, real or personal, . , left at that address. G.,-- By � ' •�>d.vlmP.]Cltltitl�atF.�SL�a�ia:.•.�e,�r�,asr-- ��f+$t9SYl�l.�.� ' � w .?w�' �'G �:,s�..��l�2V�9ar.�':�•araw�rz.� yt�c .�i "I34eLE. VHF �5., e�e F '�'+.Y� �3a's3��-"`• '� ' . ' . . . .. . . � _ . . � . . � - � �- � . ' - � , . . .... . �. . . . . I I" 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 ugon 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 Reloeation Assistance and Real Froperties Acquisition Act of 1970, as amended, and the regulations of the Depa=tment 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. � . . .���z.� ����v .�'-c � L � � J" cq elyne Wentworth �, elocation Consultant = Conworth, Inc. � -' / .Z --cl � Date . � �-,_ _.y 1 1 STATE OF MINNESOTA DISTRICT COURT 2 COUNTY OF DAKOTA FIRST JUDICTAL DISTRICT 3 4 City of Rosemaunt Port Authority, 5 Petitioner, 6 vs. Court File No. C0-93-6261 7 PARCEL NO. 1 Albert R. Monk, Rosemount National 8 Bank, John Anderson, Dakota Small Engine Service, A&M Building & 9 Supply, Inc. , Debarah Halbert, Jeffrey Halbert, A&G Auto Body, � 10 Inc. , and County af Dakota, 11 PARCEL NO. 2 Richard F. Battaglia, Judy Battaglia, 12 Rick's Auto Repair, Charles E. Cunningham, Helen J. Cunningham, - 13 First State Bank of Rosemount, and County of Dakota, � � � 14 - PARCEL NO. 3 15 Eari J. Tourdot, Karen A. Tourdot, Gene Capocasa, Sandra Capocasa, Z5 Tourdot Custom Upholstery, Inc. , Reno's Pizza, and County of 17 Dakota, 18 Respondents. 19 20 CONDEMNATION HEARING � September 1, 1993 21 `Partial Transcript 22 DEBRA S. DIKKEN, RPR 23 DANIEL M. LARKIN COURT REPORTERS 1117 Marquette Avenue 24 1T09 Symphony Place Minneapolis, Minnesota 55403 25 (612) 341-3282 . � 2 1 2 Condemnation Hearing, Partial Transcript, 3 taken before Debra S. Dikken, Freelance Court Reporter and 4 Dakota County Notary Public, State of Minnesota, on the 5 lst day of September, 1993, at 2121 Cliff Drive, Eagan, 6 Minnesota. 7 8 * * * * * 9 10 APPEARANCESt 11 Commissioners: S. TODD RAPP, BETTY ARMSTRONG 12 and L.T. DUNHAM 13 DAVID A. ALLGEYER, ESQUIRE, of the firm of 14 Lindquist & Vennum, 4200 IDS Center, Minneapolis, MN 15 55402, appeared representing the Rosemount Port 16 Authority. 17 JAMES DORSEY, ESQUIRE, of the firm of Leonard 18 Street & Deinard, 150 South Fifth Street, Suite 2300, 19 � Minneapolis, MN 55402 , appeared representing Albert 2Q Monk. 21 Also Present: AL MONK, CORY BULTEMA, TIMOTHY 22 LABATTE and JEFFREY HALBERT 23 * * * * * 24 25 , , 3 1 I N D E X 2 3 Caption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Appearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Index. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . 3 6 7 EXAMINATION OF TIMOTHY LABATTE: 8 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . .4, 25 9 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . 17 10 By Mr. Rapp. . . . . . . . . . . . . . . . . . . . . . . . . . . 23 11 12 EXAMINATION OF JEFFREY HALBERT: 13 By Mr. Dorsey. . . . . . . . . . . . . . . . . . . . . . . . . . 27 14 By Mr. Allgeyer. . . . . . . . . . . . . . . . . . . . . . . . . . 35 15 i6 Reporter's Certificate. . . . . . . . . . . . . . . . . . . . 40 17 18 * * * * * 19 Z0 21 22 23 24 2S . • 4 1 TIMOTHY LABATTE, 2 called as a witness, being duly sworn, testified as follows: 3 4 E X A M I N A T I 0 N 5 6 BY MR. DQRSEY: 7 Q. Mr. LaBatte, will you please state your name, address 8 , and age please? 9 A. My name is Timothy Roland LaBatte, Senior. My 10 current address is 3508 - 39th Avenue South, 11 Minneapolis. My age is 32 years old. 12 Q. Okay. And wha did you live with the a 3508 - 39th 13 Avenue South? 14 A. My fiancee, Brenda DuMarce, and my son, Brendon 15 LaBatte. 16 Q. Okay. And what's your educational background? 17 A. High school graduate, diploma, one year building 18 trades, vo-tech, and two years business college, 19 Sisseton Wahpeton Community College. 20 Q. Sisseton Wahpeton Community College? 21 A. Yeah, Sisseton Wahpeton Community College. 22 Q. What state is that in? 23 A. Sisseton, South Dakota, the northeast part of South 24 Dakota. 25 Q. Okay. , � 5 I A. And I've been through other management schools. When 2 I was in the military service for six years, they 3 sent me through -- 4 Q. Okay. And what business are you in? 5 A. At the present time, I'm the owner-operator of TL 6 Construction Company. 7 Q. And what's the address of the company or where are 8 you operating out of? 9 A. 3508 - 39th Avenue South. 10 Q. Now, is that a -- 11 A. I alsa operate out of -- Y do own land and a farm 12 back in South Dakota by Sisseton. Currently Z share 13 crop the land, and I do operate out of there also 14 where I keep construction equipment and such at my 15 farm. 16 Q. Okay. What's the name of your company? 17 A. TL Construction Company. 18 Q. And what kind of construction serviees do you 19 provide? 20 A. Okay. We provide a major part of inetal buildings, 21 pole buildings and various other types of 22 construction which is linked with them. I guess 23 we're not bound to one type of construction service. 24 We iike to keep with the metal buildings, the pole 25 buildings. That's our specialty. But by no means � 6 1 are we lirnited to not doing other types of 2 construction; any kind of construction. I myself 3 have nine years working with various construction 4 companies through the three-state area, South Dakota, 5 North Dakota and Minnesota. And any kind of 6 construction that I can find that will keep my crew 7 busy, that's what I do. 8 Q. Okay. And i forgot to ask you. Is TL Construction a 9 sole proprietorship? 10 A. Yes, it is. 11 Q. And you provide cantract labor for that kind of work? 12 A. Yes, I do. 13 Q. What kind of work do you provide contract labor for? 14 A. Well, heavy labor I guess. Heavy manual labor jobs 15 that we do, I would provide any type if -- perhaps in 16 the past like if an owner of a house or other wanted 17 his roo€ shingled and he just wanted to pay the labar 18 partion of it, well, I would provide the labor, men. 19 But I have a list of -- I keep a list of 30 men that 20 I have on hand, both that live around in this area 21 and South Dakota that are willing to work as contract 22 -- or contract labor on certain projects. 23 Q. How did you get into the construction business? 24 A. Well, farming wasn't doing too good and -- 25 Q. I can understand. i � � . � � . � � . . . � � . . . � . � � � � � .. � 7 1 A. Only glad that I'm out of it this year all the way. 2 But besides farming far the last eight to nine years, 3 I -- that's what I've did also, is part-time 4 construction, seasonal construction. 5 Q, Did you hold a position with the board of 6 commissioners of -- for HUD Region 8 Housing? 7 A. Yes. 8 Q• When was that? 9 A. Okay. That was from 1984 through 1986. 10 Q. And what were your duties as the chairman of - 11 A. We held manthly meetings, monthly general meetings 12 and special meetings. I was delegated or appointed 13 by the tribal council, which I sat on back home. And 14 we were council -- our membership back home, we have 15 10, 000 members. And we roughly have around 925,000 16 acres. And an those acres we have land, Some of 17 it's mutual self-help homes, roughly about 1, 300 18 units that we sat over and we -- 19 Q. You oversee those homes or maintenance of them? 20 A. Yes, we oversaw renovation, maintenance, new 21 construction. 22 Q. What else? Okay. Do you have any elderly housing 23 too? 24 A. Yes, we have seuen different districts that we have 25 elderly complexes, seven of them, each district, , . 8 1 broken down -- 2 Q. You were the chairman of the board of commissioners 3 for the HUD Region 8 Housing? 4 A. Yes. 5 Q. Do you hold any -- or have you held any positians 6 with your tribe? 7 A. okay. That's tribal councilman where I was elected 8 and appointed at large; election every two years, 9 general election. 10 Q. How you did you come to work in Minnesota? 11 A. I have relatives out here at the Mystic Lake Casino. 12 At that time it was called Shakopee/Prior Lake. They 13 informed me that they were going to start building a 14 new casino. And there wasn't too much for 15 construction work back there or development. So I 16 looked into here, and I met with the people. I 17 worked with them a while. I worked for them for 18 exactly about six weeks as just as a regular 19 construction worker, carpenter. And I seen that -- I 20 had peop2e back home that were asking me about jobs. 21 I says, Well, here we go to put together a 22 construction company and we can do the -- whatever 23 they need done here, whatever we can do. Metai 24 buildings, I've worked with them out of the last nine 25 years approximately about four years. And I knew all . . , � . � . . � . 9 1 the ins and outs on doing metal buildings. So I put - 2 together a crew, put together a bid. And I was 3 successful at getting the bid. And it was eight to 4 nine month project out at Mystic Lake redoing their 5 maintenance building out there. 6 Q. Are you just finishing that project up? 7 A. Yes, that's -- we have. 8 Q. Now, did you move or did -- move A1 Monk's personal 9 property from the south building on South Robert 10 Road? 11 A. Yes, I did. 12 Q. And did you submit an invoice for that move? 13 A. Yes, I did. 14 Q. I'm going to show you what's been marked Exhibit 5 15 previously in this proceeding and ask if that appears 16 to be a copy of the invoice you sent to Mr. Monk for 27 the services? 18 A. Yes, that was for the actual services rendered to Al 19 on his moving. 20 Q. Okay. And that's the first page. Then you've got a 21 second page which shows some -- I guess some boxes 22 and cartons but also -- 23 A. It's to -- 24 Q. -- move out and a -- 25 A. -- move out of storage too. a � T .� � � . � � . � .. . . . . . 1V . 1 Q. So that is a statement you submitted to Mr. Monk, an 2 estimate? 3 A. Yes, uh-huh. 4 Q. Now, did you submit an estimate for the move out for 5 Al -- 6 A. Yes. 7 Q. -- before you did the work? 8 A. Yes, prior to that. 9 Q. What da we have here, Exhibit 20? Is this a copy of 10 the estimate you submitted to A1 Monk before you did . 11 the move-out work? 12 . A. Yes, I did. 13 Q. You estimated the cost would be about $9, OOfl? 14 A. Yes. 1�� MR. DORSEY: We would offer Exhibit 20. 16 MR. RAPP: Are you done? 17 MR. DORSEY: I mean, I guess so. No 18 objection? All right. 19 MR. RAPP: I didn't hear any. 2� MR. DORSEY: I was waiting for -- no 21 problem, all right. 22 BY MR. DORSEY: 23 Q. Did you -- and before submitting this estimate, 24 Exhibit Number 20, did you inspect the property and 25 what had to be moved so you could make a reasonable , � 13 1 estimate? 2 A. Yes. 3 Q. And you estimated it would take seven to eight 4 days -- 5 A. Yes. " 6 Q. -- to do the move? 7 A. Uh-huh. 8 Q. And were you contemplating furnishing four men to do 9 the move? 10 A. Yes, at that time I had. 11 Q. Now, it's been suggested here that the move could not 12 take four men eight days, which is what it took 13 apparently according to your invoice? 14 A. Uh-huh. 15 Q. What had to be moved from Mr. Monk's property that 16 took so long? 17 A. Well, this wasn't your normal household packing. 18 I've also moved homes and so forth. In fact today I 19 was talking about moving a family that called me. 20 But this is all heavy equipment that A1 had stored 21 away in his shop, and I think he had it stared away 22 pretty well. It was a lot of heavy equipment. S 23 mean, some of the boxes, small boxes like this, after 24 you load them up with the bolts, equipment, different 25 tools that he used, different things, would weigh 1 ( i2 1 about around l00 pounds. And this equipment was at 2 his place for guite sametime also, so it wasn't just 3 a matter of just taking it and throwing it in a box. 4 We want to do a neat, professional job, which we aia, 5 which meant cleaning off the equipment before you 6 pack it away. It had a lat of dust and different 7 debris on it like that and -- 8 Q. Was there a tool chest involved too? 9 A. Yes, a very heavy tool chest. 10 Q. And auto parts? 11 A. Yes. The tool chest weighing 300 to 400 pounds, 12 heavy air compressors, big auto parts. 13 Q. Auto parts? 14 A. Yes. 15 Q. And you said bolts and other machinery? 16 A. Yes, other machinery too. 17 Q. Now, it was also suggested that there's only 1,-000 18 square feet out of which this had to be moved. Was 19 there an area above the office in the south building? 20 A. Yes, there's an area above the office. Like I said, 21 he had a lot of his things packed away really well, 22 I mean, he made good use of the area or the space he 23 did have in there. It was a task taking things out 24 of there and loading them up and so forth, many 25 trailer loads ful1. I mean, z stopped counting. But i A 13 1 offhand I would say 20 to 30 trailer loads come aut 2 of his place there, tools and equipment. 3 Q. Okay. And did you have -- did the people who did the 4 labor work, did you have time cards that they 5 submitted? 6 A. Yes, I did. They submitted them each week. 7 Q. I'm showing you what's Exhibit 21 and ask if that's a 8 copy of the time cards? 9 A. Yeah, yup, that's the time cards. I supervised three 10 other employees. 11 Q. And -there's time for yourself on the cards? 12 A. Yes. 13 Q. Showing you what's been marked -- we already marked 14 Exhibit 21. 15 MR. DORSEY: I'd offer Exhibit 21. 16 BY MR. DORSEY: 17 Q. The move was done April 29 through -- or Aprii 19, 18 the 23rd, the 26th and the 28th? 19 A. Yes. 20 Q. And it was, what, eight days and eight hours an 21 employee? 22 A. Yes, we worked eight-hour days. There was no 23 overtime. 24 Q. The work was done by yourself and a fellow named Kurt 25 Snow. Is he a fellow that works for you? � � 14 1 A. Yes, he is. 2 Q, And Reynold DuMarce? 3 A. Yes. 4 Q. And Kenneth DuMarce? 5 A. Yes. 6 Q. Are they your girlfriend's brothers, cousins, 7 relatives? 8 A. They're related through marriage, yes. She's -� 9 they're not blood relatives but -- 10 Q. And it was your opinion that the time spent to do 11 this move was reasonable? 12 A. Yes, it was. 13 Q. What equipment did you use in the mov�? 14 A. We used forklifts. We used a forklift, We had to 15 disassemble a large paint baoth. We had air 16 compressors to move. We had large tool chests. We 17 had a cabinet, couple cabinets, fire brick cabinets 18 and -- 19 Q. What kind of trucks did you use? 20 A. We had one-ton truck on the place and a truck -with -- 21 I believe it was a 22 foot flatbed. 22 Q. And yau had a trailer for the one-ton truck? 23 A. Yes, a tandem trailer behind the one-ton. 24 Q. Was this equipment reasonable to use in the move? 25 A. Yes, it was. He had -- , � 1.5 1 Q. Have -- I'm sorry. Have you been paid far your 2 services yet? 3 A. Okay, I've been paid 4 , 000. And as you can see, 4 that covered most of my hired help. But it doesn't 5 cover my wages or a lot of the equipment rental, 6 which I've had money invested in this I guess. 7 Q. Have you sent Mr. Monk a demand letter far -- 8 A. Yes, T have. One thing, you know, starting a 9 business as small as mine is and getting off to a 10 start, it's where I'm using my own cash f�ow in this, 11 And I like to go from one project to the next, and I 12 do xeinvest what I may make out of one project and - 13 put it maybe into a little. But I can no longer kind 14 of wait as far as what I have invested into this. 15 Q. So you sent him a demand letter _for the additional_ 16 $4 , 179? 17 A. Yes. 18 MR. DORSEY: I won't introduce this into 19 evidence unless you guys want it for paper. 20 BY MR. DORSEY: 21 Q. Is your estimate of the move out at $5, 500 reasonable 22 in your opinion? 23 A. I think it's reasonable. 24 Q. Why is it less? 25 A. It's less because we do have some of the things -- 16 1 like I said, they were in store -- Al's business 2 there; they were put away for awhile. We did package 3 some af 'em up, and we're hoping that where they're 4 at now they're -- 5 Q. They' 11 stay packaged? 6 A. Stay packaged, yeah. Although, you know, I know 7 sometimes -- like he was stating, Mark on the boxes 8 the things in case I need to break something open, so 9 there's always that -- 10 Q. Do you have any other -- 11 A. -- possibiiity. - 12 Q. I'm sorry, I didn't mean to interrupt you. 13 A. That's okay. 14 Q. Do you have any other business relationship with Al 15 Monk? 16 A. Other than we -- some possible joint ventures because 17 I did -- I know Al now for about close to 10 years 18 and I know him as a reputable steel supplier, and my 19 business right now is the steel building business and 20 I certainly look on to them as a supplier of steel. 21 Q. So you're trying to 3oint venture somewhat? 22 A. Some different ventures where -- we did have ona. 23 There's some casinos going up there where I can 24 possibly furnish the labor, the manpower part; Al 25 could furnish the metal building. And we can joint �� 1 venture into that like doing different buildings. 2 MR. DORSEY: Dkay. I have no other 3 questions. 4 5 E X A M I N A T I O N 6 7 BY M�2. ALLGEYER: 8 Q. May Z ask how long TL Construction has been in 9 existence? 10 A. June of 1992 . 11 Q. Does TL Construction do any advertising or -- 12 A. Not at this point. Our capital doesn't allow us to. 13 I mean, I didn't go seek out any bank financing, I � 14 have talked to some minority businessmen and -- in 15 Minneapolis, the city of Minneapolis, and they have 16 offered to me help with getting me an office, 17 different types of fundings, grants and so forth. 18 And I do have ane lawyer that I am looking up to to 19 get a11 the papers and such in order, And like I 20 said, we're, you know, relatively young as a company. 21 But we're -- you know, we're doing -- I think we�re 22 doing a pretty good share of business right now. 23 Q. Is the company listed in the phone book? 24 A. No, not at this point. Like I said, right now I'm 25 working in different parts, three-state regian. If I 18 1 have a project -- and I do have some projects in 2 North Dakota that may be coming up -- I may be forced 3 to move there and manage those projects. I mean, 4 when you're talking eight to nine months out of a 5 year on a project -- and I used to live on the road 6 doing construction -- I mean, it's worth while at 7 this point an as an owner to move by the site. I do 8 wark out of my truck, pickup, and most my tools I can 9 pull behind the truck. l0 Q. I appreciate the explanation, but we can probably do 11 this a little shorter if you' ll just answer as best 12 you can. 13 A. Okay, yeah. i4 Q. So you don't -- if I were to try and find your 15 company in the phone book, I wouldn't be able to do 16 that? 17 A. No, you wouldn't be able to do that. 18 Q. And the number that is on the invoice that you 19 submitted has been disconnected or changed; correct? 20 A. Yes. I have been -- and I would say that that is -- 21 I have been through some hardships financing my own 22 projects. And this is part of probably the reason 23 why I'm here today is because this is causing me a 24 hardship, the 4,800 that is owed to me. 25 Q. Okay. And you understand that if your testimony here 19 1 today persuades everyane that this bill ought to be 2 paid that you're going to make some money on that; 3 correct? 4 A. I don't think -- roughly speaking I don't think I'm 5 going to be making very little. I'm going to clear 5 baek some of the money I had back and invested into 7 this in equipment rental and to wages and so forth 8 that was owed to me four or five months ago. I don't 9 think I'm going to be making -- waiting this long for 10 this money I'm going to be making very little. 11 Q. Okay. But yau understand that -- 12 A. Yes. 13 Q. Al1 right.- Now, does Ms. DuMarce understand that yau 14 do business under the name TL Construction? 15 A. Yes, she does. I6 Q. Can you think of any reason why when she was called 17 by Mr. Miller of the City she said she hadn't heard 18 of TL Construction? 19 A. I have no idea. You would have to ask her. 20 Q. Have -�ou instructed her: -- 21 A. No. 22 Q. -- to answer the phone in that way? 23 A. No. 24 MR. DORSEY: She's out here if you want to 25 ask her. 20 1 BY MR. ALLGEYER: 2 Q. Now, when you moved the various equipment from the - 3 premises did you come to any understanding as to 4 whether that was A1 Monk's personal equipment as 5 opposed to business equipment and so forth? 6 A. I did not make any distinctions on the move, i mean, 7 whether it's personal or his own business, no. 8 Q. And you didn't really ha�e any way of knowing that I 9 take it? 10 A. No. 11 Q. And was the equipment within -- you mentioned some 12 area above the office? 13 A. Yes. - 14 Q. There was equipment and stuff there? I5 A. Yes. lb Q. And was essentially that whole building that he 17 accupies full of stuff, or was- it just about 1, 000 18 foot square in addition to the stuff above the 19 off ice? 2o A. :.I think it was all full of everything -- place you 21 looked on there. I mean, once we went through that 22 building there wasn't one area that we didn't touch 23 that he had things stacked up, put on the walis. 24 Q. So the whole building was full of stuff. And was 25 there a front-end loader in there? 21 1 A. No, not at that time. 2 Q. Okay. � Were there vehicles in the building? 3 A. Yes, there was the -- 4 Q. Can you tell me what -- 5 A. -- two vehicles that we moved. There was -- I 6 believe it's a 'S6 Cadillac, and there was a Mustang. 7 I'm not sure of the year, '66, classic car. 8 MR. RAPP: Mr. LaBatte, I'm going to 9 interrupt you far a moment so I can ask counsel 10 . something. Point of clarification, are the 11 parties expecting that the cammissioners are 12 going to be determining in any fashian the 13 amaunt of compensation that Mr. Monk is entitled - 14 for relocation or maving costs at all? 15 MR. DORSEY: No. 16 MR. ALLGEYER: I don't anticipate that. 17 MR. DORSEY: No, I don't. I didn't bring 18 it up though. 19 MR. RAPP: So what are we talking about 20 here? 21 MR. DORSEY: I didn't bring it up. I mean, 22 we had a lot of cross examination on it. St was 23 Mr. Monk, who is a veteran of both the Korean 24 and Vietnam wars, that was basically called a 25 liar to his face by Mr. Allgeyer. And I'm here 22 1 to introduce you to Mr. TL Construction. 2 MR. RAPP: Okay. 3 MR. DORSEY: I mean, this is supposed to be 4 a credibility issue, credibility issue. 5 NIl2. RAPP: Okay. 6 MR. DORSEY: And that's why he's here -- 7 MR. RAPP: All right. That's fine. 8 MR, DORSEY: -- because they brought in the 9 extraneous evidence about -- 10 MR. DORSEY: That's fine. But let's -- 11 what I suggest that counsel do is that counsel 12 restricts the examination, particularly since 13 it's 20 minutes after 7 : 00, ta issues relating r 14 to valuation that we're called upon by the court 15 to consider for the courts -- as officers or 16 appointed commissioners by the court. 17 MR. ALLGEYER: All right. In that case I 18 have no further guestions. 19 MR. DORSEY: I have nothing either. 20 MR. RAPP: Well, I do. 21 MR. DORSEY: Z didn't want to bring him in 22 in the first place but I didn't -- 23 MR. RAPP: Well, now you've got him here. 24 MR. DORSEY: I knaw. 25 23 1 E X A M I N A T I O N 2 3 BY MR. RAPP: 4 Q. Mr. LaBatte, I just have a few questions. I don't 5 represent a party. I'm. one af the commissioners with 6 Mr. Dunham and Ms. Armstrong. You build buildings? 7 A. Yes, we do. 8 Q. And you I think indicated that you had built 9 buildings for four of the last nine years? 10 A. Yes. 11 Q. I take it that means that you' built buildings part of 12 each of the last nine years? 13 A. Yes. - 14 Q. And primarily the buildings that you built were metal 15 buildings? 16 A. Yes, they were. 17 Q. Can you estimate with some degree of accuracy how 18 many metal buildings that you've built over the last 19 nine years? 20 A. _I would have to say the figure would be- somewhere 21 close to 20, 20. And these are commercial -- these 22 would be considered large -- I could name off, you 23 know, doaens of pole buildings where I built egg 24 buildings for farmers. But these are commercial 25 buildings. • � } � � . . � . . . � � . � . 24 1 Q. How daes the building that you moved Mr. Monk out of 2 compare in terms of its construction to the types of 3 buildings that yo�s build? 4 A. The same; it's about the same type of building. 5 Q. And you were in Mr. Monk's building apparently quite 6 a number of haurs? 7 A. Yes. 8 Q. Did you have an opportunity to examine it and -- 9 A. Yeah, I think we -- I was, by the way, interested in 10 the tear down of that building there. 3 wasn't 11 informed of, you know -- 12 Q. Didn't get the chance? 13 A. Yeah, I didn't -- well, we showed up but it was the _14 13th hour type of thing and it's . . . __ 15 Q. Okay, all right. Well, I'm just sort of flying out 16 of the blue here with a question. 17 A. Okay. 18 Q. Do you have any opinion that's based on your 19 experience in building metal buildings of the type 20 that Mr. Monk's was and the type that you build -- 21 A. Yes. 22 Q. -- what kind of useful life you either represent to 23 your clients they can expect out of their buildings 24 or the people could expect for a new metal building 25 such as the type he had and such as the type you 25 1 construct? 2 A. Okay. Let me -- okay. I guess the best way I could 3 answEr that is, like I said, I was interested in 4 tearing down that building because right now T know ' 5 of about 12 different businesses located in Sau�h 6 Dakota or Minnesota that wo�ld like to have a 7 business -- or a building, the opportunity ta have -- 8 to get a building like that and move it someplace and 9 set it back up and make a shop. 10 Q. But do you make representations to the people you 12 build..buildings for how long they ought to be able to 12 expect their building will be serviceable after you 13 build it, how many years or months ar decades? 14 A. Well over 30 years by the life af these buildings. 15 There's -- yeah, there's a lot of buildings out there 16 now that have that life and there's people operating 17 out of them still. 18 MR. RAPP: ' Thank you. Anybody else have 19 any questions? 20 21 F U R T H E R E X A M I N A T I O N 22 23 BY MR. DORSEY. 24 Q. Just one question. There is a difference between a 25 pole building and structural steel building? 26 1 A. Yes, there is. 2 Q, And they have a difference in quality of construction 3 and purpose? 4 A. Uh-huh, yes. 5 Q. Would you agree with -- 6 A. Yes. Structural steel is your more heavy duty, more 7 commercialized building on the market today. And 8 that's what I think people who are into various 9 commercial buildings, that's what they ask for, It's 10 -- you know, although the pole building wood frame 11 might be a little inexpensive, you see more people 12 asking for the metal frame, more durable of a 13 building. 14 Q. Heavier gauge metal siding? � 15 A. Yeah, wind loads, snow loads, the whole works. It's 16 a better building. 17 MR. DUNHAM: It's more expensive also. 18 THE WITNESS: It's mare expensive. But 19 I've seen I don't know how many buildings out 20 west, particularly out west, bow due to snow 21 loads and that that people try to get by with 22 building a business. And had to dig one person 23 out; snow load caved in their building. 24 BY MR. DORSEY: 25 Q. With a pole building? , . 27 � A. Yup, pole building. They had machinery in there, you 2 know, whole works. And, you know, it doesn't pay if 3 it's for commercial purposes. 4 Q. Ol�ay. 5 MR. RAPP: Mr. LaBatte, I think we're done 6 with you. 7 8 JEFFREY HALBERT, 9 called as a witness, being duly sworn, testified as foZlows: 10 : 11 E X A M I N A T I O N 12 13 BY MR. DORSEY: 14 Q. Would you . state your name, age and address please? 15 A. Jeffrey Alan Halbert, 33, 15543 Cornell Trail, 16 Rosemount, Minnesota. 17 Q. Okay. Are you Mr. Monk's son-in-law? 18 A. Yes, I am. 19 Q. And did you -- were you one of the owners of A&G Auto 20 Body Shop, Inc.? 21 A. Yes, I was vice president. 22 Q. And were you displaced by the condemnation that we're 23 all here for as you know? 24 A. Yes, I was. 25 Q. And doss -- did the auto body shop work generate 28 1 hazardous waste? 2 A. Yes, we did. 3 Q. What kind? 4 A. Mainly it was all waste thinner. 5 Q. Pardon me? 6 A. Waste thinner after we painted cars. 7 Q. Waste -- paint thinner or -- 8 A. Enamel thinner and lacquer thinner. We would paint 9 our cars and then we would have to rinse our guns 10 out. 11 Q. Okay. And when did you vacate the A&G Auto 12 facilities at South Robert Road? I3 A. I believe it was May 1 of this year. 14 Q. Okay. How did you dispase of the hazardous waste 15 before you vacated? 16 A. I had a company come out and pump it out of my drums. 17 Mel's Trucking was the company. They're licensed and 18 bonded and insured with the State of Minnesota. 19 Q. And this is exhibit -- what are we on, 22 -- this is 20 Exhibit Number 22 . Is this a receipt they give you 21 to show they came out and pumped the hazardous waste 22 out of your barrels? 23 A. Yes, it is. 24 Q. And then what do they do with the barrels; do they -- 25 A. This is shipped off site to -- let me find out where � 29 1 it went to here -- it went to Indiana. Okay. So 2 what they do is they have a smaller truck come around 3 to various body shops, and they'11 work an area. 4 See, this time he came out with the Twin City area'. 5 He'l1 fill up his truck. Then they'll -- when that 6 gets full then they'll go and pump it back into a 7 semi, like a big tanker, and then they ship it out of 8 state. All the time that this thing is being 9 transported from the day they pick it up from my shop 10 to the day it is disposed of when it reaehes Indianax 11 I have ta -- I'm legally responsible for it. So what 12 we do is we have to pay a fee to have a 24-hour hot 13 line where if this thing happens to -- this truck 14 happens to spill, they can get ahold of ine and we can i5 say, you know, I've gat all the dacumentation that 16 this was picked up. They just want to know who 17 belonged to all this waste thinner. 18 Q. Okay. Well, what happens -- what do they do with the 19 barrels that they pump the waste out of; what do they 20 do with the barrels? 21 A. Well, for the most part when we were still in 22 operation we just left them in a spot and we had to 23 -- they have a tag that we put on there when it was 24 picked up, you know, and disposed of and when we 25 started filling it again. So we had to keep daily . � 30 1 logs of what went in there and how much every day so 2 that when Dakota County came out and lovked at it, 3 which they did once a year, that I had all my 4 paperwork in order. And they -- Dakota County would 5 inspect all my manifests. Now, I want to say too, 6 once this stuff reaches the destination, I ssnd a 7 copy to the Federal Government and the State of 8 Minnes4ta so everybody has got records of it. 9 MR. DORSEY: Okay. We'd offer Exhibit 10 Number 22 . 11 THE WITNESS: Now, in this particular case 12 when we closed the business by law I cannot 13 dispose of thes8 barrels unless I cut the 14 bottoms -- 15 MR. ALLGEYER: Excuse me. I'm going to 16 object on the grounds of lack of foundation. 17 The witness hasn't shown that he knows what the 18 laws are for -- 19 BY MR. DORSEY: 20 Q. Well, let's get technieal. So what do you have to do 21 by law? 22 A. By law you cannot dispose of these containers unless 23 the tops and bottoms are cut out. Once you do that 24 and the material is pumped out of it, then you can 25 dispose of them, which in this case it could have � , 31 1 gone to the scrap yard which -- I don't know where 2 they are. 3 Q. Now, are there also some five gallon eans that are in 4 the back of your shop? 5 A. Yes, there were. 6 Q. What are those? 7 A. Those were same thing, empty thinner cans. 8 Q. Okay. Those are -- those you don't cut the tops and 9 bottoms out of; those are just empty ones that have 10 been used? 11 A. Right, I did not have to do that. 12 Q. Okay. And then after your -- Mel's picked up your 13 waste thinner, did you have an inspection done by 14 Dakota County? 15 A. Yes, I did. They came out and did what they call -a 16 closure on my property to make sure that I was in 17 comp],iance with everything and was not leaving any 18 hazardous materials behind. 19 Q. So they inspect your property? 20 A. Yes. I can't remember the gal that came out there. 21 Maybe it's on there. She walked around my property, 22 saw the empty containers out back, saw that there was 23 no left-over hazardous waste and everything had been 24 disposed of properly. I showed her a copy of this 25 manifest, that stuff had been picked up. And she � ' . � � � � . . � � . 32 1 said, "Everything looks fine to me. " She filled out 2 that form, checked everything off, gave me a copy of 3 it. 4 Q. I'm going to show you what's been marked Exhibit 5 Number 23 . Is that what she checked off? 6 A. Uh-huh. She aia -- checked off the proper manifest 7 and completions and land disposal restrictions. 8 MR. DORSEY: We would offer Exhibit Number 9 23 . 10 _ THE WITNESS: That was all that was 11 required of ine to close my business. 12 BY MR. DORSEY• 13 Q. I want to show you what's previously been marked 14 _ Petitioner's Exhibit 1. Are these the kind of 15 containers that were on the back of your pro�erty? 16 A. For the most part -- most of them. Some of them I do 17 not reeognize. There's a few here I don't know whose 18 they are. 19 Q. You don't know what they are? 20 A. No. They do not belong ,to me. 21 Q. Laundry detergent, is that the one, and -- 22 A. Well, let's see here. Like this one and the oil pan 23 and that one and those three there I guess would be 24 the -- 25 Q. So you're talking about the ones that look like s ' 33 1 they're plastic and the oil pan? 2 A. Yup, right. 3 MR. MONK: Stuff they picked up back at 4 Rick's down there. 5 MR. DORSEY: Oh, they picked up in back of 6 Rick's? 7 MR. MONK: Uh-huh. 8 BY MR. DORSEY: 9 Q. Now, the empty barrel is scrap metal after they've 10 been picked up like that? 11 A. Yes, they are. They're ready to be disposed of. And 12 what they would do then would be taking it with scrap 13 metal, your used fenders, hoods, whatever have you, . - 14 that they could -- they cauld crush them. 15 Q. Now, before you vacated the property on May 1 or on 16 or about May 1 did you walk the property to see if 17 there was anything down the ravine behind the 18 property? 19 A. Yes, I did. 20, Q. Did you see anything down there? 21 A. I did not leave anything. 22 Q. Did you see anything down there, any barrels down 23 there? 24 A. No, sir. 25 Q. Did Mr. Miller of the Rosemount Port Authority or r ' 34 1 anyone on behalf Qf the Rosemaunt Port Autharity ever 2 call you about barrels in the back of your property 3 or five gallon cans and ask you whether or not they 4 had been emptied, whether or not you had any proof 5 they had been emptied, anything about them? 6 A. No, they did not. But if they would have they could 7 have saved themselves a lot of time and money. 8 Q. Now, did you try to relocate A&G Auto Body Shop in 9 Rosemount? 10 A. Yes, I did. 11 Q. Why didn't you do so? 12 A. Well, it seemed that every time we wanted to move to 13 a certain location there was always some reason or __ 14 another, always off the record on their part, why we 15 could nat go to that specific spot we had chosen. 1& Q. Okay. 17 A. That was basically the long and short of it, you 18 know. Every time we wanted to go here, they said, 19 No, you're not good enough for this location, it 20 , costs too much, da da da da da. 21 Q. Have you ever seen the gentleman sitting in the 22 corner, Cory Bultema? 23 A. No, sir. 24 Q. Did you ever see him inspecting the property, in any 25 manner inspecting the property while you were there? � - 35 1 A. No. 2 MR. DORSEY: I have no other questions. 3 4 E X A M I N A T I � N 5 6 BY MR. ALLGEYER: 7 Q. When you vacated the property, there were a number of 8 barrels like the ones on Exhibit 1 still on the 9 property somewhere; carrect? 10 A. Exhibit 1, these little ones you mean? 11 Q. Well -- 12 A. Or the big ones you're talking about? 13 Q. Well, let's look -- 14 A. These three big ones. 15 Q. And those were still on your -- 16 A. Yes, they were. 17 Q. -- property when you vacated the property? 18 A. Uh-huh. 19 Q. And you didn't make any effort to dispose of them, 20 scrap them out, anything like that? 21 A. No, because I had talked to the demolition crew and 22 they said, "Go ahead and leave them there. We'll 23 dispose of them with the rest of the remaining scrap 24 metal." 25 Q. A11 right. Naw, did you ever think about taking off . • 36 1 the sticker that says "Hazardous waste. Contact the 2 nearest police if this is found"? 3 A. As far as I knew, I was not required to do so after , I 4 had cut the lids off it. 5 Q. And you didn't see anybody from Rosemount or the 6 contractor throw these barrels to the bottom of the 7 hill or anything, did you? 8 A. No. The day I left I had left it right outside the 9 rear of the building where we kept all our scrap 10 metal. 11 Q. And the day you left was when? 12 A. I believe it was Friday. I don't know if it was the 13 lst of May, but -it was the last Friday of that month. 14 I think Saturday was May 1. I'm not -- 15 Q. So you left on Friday and you don't know how the 16 barrels -- 17 A. No, I vacated on that Friday and I was never back I8 again. I was not allowed to go back on the property. 19 Q. You don't have any reason to believe that contractor 20 threw these to the bottom of the hill? 21 MR. DORSEY: I object; it calls for 22 speculation. 23 THE WITNESS: I couldn't tell yau who did 24 it one way or the other. I don't know why they 25 would do it. � � 37 1 BY MR. ALLGEYER: 2 Q. Okay. So you have no -- 3 A. Could have been kids, you know. , 4 Q. You mentioned that the City -- you tried to relocate 5 in Rosemount but you weren't able to or something to 6 that ef f ect? 7 A. Correct. 8 Q. Okay. Now, you did te11 Rosemount that you were 9 planning to relocate to a different city? 10 A. After all efforts had failed to stay in this location 11 -- you know, in the city of Rosemount. 12 Q. �id you relocate there? 13 A. I have not yet, no. 14 Q. Are you in the process of doing that? 15 A. I am still in the process of working with the _City af 16 Rosemount. 17 Q. And they're working with you to -- 18 A. No, they're not working with me or I would have been 19 relocated already. 20 Q. You did receive relocation funds? 21 A. Some. 22 Q. What did you do with the stuff that came out :of the 23 A&G Auto Body facility; are you storing that 24 somewhere? 25 A. Yes, I am. t t `' . . � � � �. 3$ 1 . Where are ou storin it? I Q Y g , 2 A. In a building. 3 Q. What building? 4 A. It's just a shed I'm renting. 5 Q. And where is the shed located? b A. In Rosemount. 7 Q. is it the same shed where Mr. Monk is storing some of 8 his stuff or is it a different one? 9 A. Same. 10 Q. Same one. Do you pay rent for that? 11 A. No. 12 Q. How much stuff do you have in there? 13 A. Oh, basically -- 14 MR. RAPP: I tell you, I don't really care. 15 I mean, it isn't his condemnation. It's Mr. 16 Monk's. We did confirm earlier that we were 1'7 dealing wtth the land, not with anything having 18 to do with relocation. 19 MR. ALLGEYER: All right. So he's not to 20 _ :. answer any more of those questions along that 21 line? I mean, that's perfectly fine. 22 MR. RAPP: I mean, I'm not going to tell 23 you not to ask whatever questions you want, Mr. 24 Ailgeyer. All I'll say is I'm not real 25 interested in hearing they questions or the � o ,. 39 1 answers. It doesn't pertain to the issues that 2 are before us. 3 MR. ALLGEYER: Okay. We can take that all 4 up later. I don't have any further questions. 5 MR. DORSEY: I don't have any more 6 questions. 7 (Recess. ) 8 9 10 1� 12 13 14 15 lb - 17 18 19 20 21 22 23 24 25 , � � 40 1 STATE OF MINNESOTA ) 2 ) ss. COUNTY OF DAKOTA ) 3 4 BE IT KNOWN THAT I, Debra S. Dikken, 5 the undersigned, a duly commissioned and qualified notary 6 public within and for the County and State aforesaid, do - 7 hereby certify that the foregoing is a true and correct 8 copy of my original stenotype notes taken at said 9 proceedings; that I am neither a relative of, nor attorney 1Q for, any of the parties to the cause and have no interest 11 whatever in the result of the same. 12 13 WITNESS MY HAND AND SEAL this 15th day � of September, 1993." ' 14 15 __- 16 DEBRA S. DIKKEN, RPR 17 18 19 20 : . 21 22 23 24 25 C.�. N�lson T�ra��fer Inc. A��p� ' � R�D BA�t Specializin�in Houaehold, Uffice Mavin�&High Te�h Equipment "7�'"�""* March 25, �.993 lal Nbrsk 13965 South Ro},�rt Trai2 Ros�sr�a�unt, 1�1 55068 Dear A1: . . �nk You far the opportunity to prov�.de you w3.th an estirnate foz your � relocativn. .Zb relocate your personal belangings to our storage facilities � in Biacxni.ngton an est3mated ccst �uld be 19,500.00. 8torage and waretwuse hz�ndling cost are, Mmthly storaga char9e $I,200.00 Warehouse handlin4 cha�rcJe 760.00 The estimateci charge to relocate your personaZ be2ongins fran our �storage facilities to an un}cr�m facility wr�uld be approximately $I2,540.Q4. If the �elocation wmxld go faster thari �„�e an.ticipa.te you will only be charged for actual ti.me and equignent used. . If there are any Ghanges or ypu have �y questions, P��se dd no� hesitate to give me a call. We wi.11be as flexible as possa.ble to accc�n�dat� yottr needs. I look forward to wor}ci.nq with you in th� near fu�ure. Sincerely, ' Dana Wol.la3s $878 Wtntworth Avenae South • Bloomington,MN �5420 • (612) 8$1-4211 RELEASE OF PROPERTY This is to notify the Rosemount Port Authorit�r that I, Albert R. Monk, representing myself, have vacated the property at 13965 S. Robert Trail, Rosemount, Minnesota, on May 1, 1993, and relinquish all rights to property, reai or personal, left at that address. .__ g �z~' � i�2�C'�--� Y CONWORTH, INC. ` STATEIVIEN� '� �r-�. conStru�G�.on STATEME� T-L Construction 3508 , 39th Ave. So. 3508, 39th Ave. So. � Minneapolis ,` MN. 55406 ! Minneapolis, 1�TI. 55406 �6�.2� 721�'19g6 DATE � DATE �� June 1 , 199 June 1 , 1993 �, � . �' TERMS TERMS ' CASH i� CASH � To , Alber t Monk �i ro •Alb er� Monk G101 , 19th Ave. So. 4101, 19th Ave. So. • riinneapolis, MN. 55407 �� :Minneapolis , MN. 55407 • AMOUNT ENClOSEO S � AMOUNT ENCLOSED S i t y q I ,;;,i;;,�,�.. ;c:.;PLEASE DtTACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE: .,,�„��='4 ,:y;PL�15E'DETACH'11ND RETURN UPPER�PORTION WITH YOUR REMITTANCE:;+' j4+,:�',-Rt-'.�1:,•`r� � ( 'DATE�:;" ':-.; CHARGES.AND CREDITSr:,"h;�pr?„«,;.�+�,•..��. ° +':;�,�" i'��BAUNCE ; � + ,." .r ' . ,e., :`. r,d :;:,BALANCE,s�;;c; { .r '"7��' +��,...;w DATE,',:p�,-: CHARCES AND CREDITS �t.�;, ,..� ,� .� .�r.:�! �r.t .,.,. I 6/1/93Y Boxes and Cartons Flat. _ $105. C� 6/1/93 Packing, Loading, Hauling, � � . and un-Loading Materials fo � , Stora�e. TOTAL _ $8879. 0 4 Men at 64 Hrs. - 64 man � Hrs, x 4 = 256 x $25 = $6, 400. 00 �I 6/l/93 Disassemble PainC Booth and � � Move to Storage Bldg. � 10 Man Hrs. _ $250. 00 - 6/1/93 Move Classic Cars by �taul�.n ( Flat. _ $20�0. 00 • 6j1/93 Move Cars, Motorhome, Tract r, and equipment by Driving. Flat. = $250,00 6i1/93 Truck Rental 6 Days with Driver x $165 = $990.00 � 6/1/93 Forklift Rental G days x $9 -$384. 00 6/1/93 Pallets 10 x $30 = $300.00 ' �' ' �I _ti . ,"" wll:onJones.c. . . . � WIIeo�Jones•cwew,�... I� � 1 � ��. �� � ( ,, �MADE IN U.S.A..N.• , �''� ...__..�us� ...,,. i n�.... ...l1Tr t Y(`.. .�.iECK. .,.�RRFf" c ,�a.rsne � � �WS.BOOTN.BAKER 6LQG..M►15.6bW2 .. . FORM 265 P Zease of EpuiDment HbC OLhCf PC7►0nai PrOpCI'()'. SECURITY BLANK BOOK,lfb WACOUTA,fT.MV�45101 This agreement, made the 15th day of April 1993 , between Arlender G. Nbrdvlk , of 623 2nd Street, Farmington, Mn. 55024 party of the flrst part, an� Albert R. Morik , of � 4101 19th Ave . South, Minneapolis , Mn, 55407 , 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 ali of the following described personal property, to-wit: 60 ' X 100 ' Cold Storage Building for storage at 15280 South Robert Trai1 , Rosemount, Mn. l . Lessee will pay $1000. 00 deposit and first month' s rent on April 15, 1993 . 2 .. Lessee will carxy his own insurance for property stored in building. . � � - 3. This lease will continue with. 60 days written notice to � Lessor by Lessee before end of lease. for the term of 12 **�onths, commencing on the 15 th aay op_�pr i 1 19 9 3 the.said party of the second part paying therefor to the said party of the first part a+ ' 15280 South Robert Trail , Rosemount, Mn. 55068 the sum of One Thousand Dollars on the 1 S th day of'each month of the said term. 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 zent or any part thereof shall at any time or times as here- � inbefore provided be ungaid, the said party of the second part wiil pay to the said party of the first part interest on such arrears at the rate of 1�� per cent, per annum from the date of default in payment thereof until the said rent shall be paid, together with reasonabie charges and espenses for collecting the said rents; to pay all taxes which may be imposed upon the said property while 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 any such case the said party of the first part or his legal representatives may, immediately or any time thereafter, take possessian 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 lessor 1 andlesse�have hereunto set theirhands thi� 1 5th day of April : 1993 In Presence of 1 . Ar nder G. NOrdVlk ) � . Albert R. Monk --� � � ��_ • �� r.. ' � ,� � �tXL-�L.' . �-c-�=T Personal Acknowledgment State oE Minnesota �ss. County.of On this day oL � , 19 , before me personally appeared to me ]aaown to be the perso�described in and who executed the foregoing instrument, and acknowledged that�e_ executed the same gs free act and deed. tSEAL) ------------ FAGL' 2 T-L constru�t��n STATEMENT � 3508, � =39th Ave. So. � Minneapolis', MN. 55406 , (612) 721-1986 • onTe • ' June 1 , 1993 TERMS i . CASH � � ro •Albert Monk 4101, 19th Ave. So. � �Minneapolis , riN. 55407 ' I AMOUNT ENCLOSED S + ' k ,i�,��.;r:��:PLEASE DETAGH MID RETURN UPPER PORTION WITH YOUR REMITiANCE;-��., �,: � :::�d ( �,i;>a-,'�j���„DATE� 4t;i=r;;: CHARGES AND.CREDITS �....r%-.�,�.`.�+;.k:u+ r� '�;:;i• v.�':."BhUNCE� �:�w% 6/1/93 Boxes and Cartons Flat. $105. �0 • _ TOTAL 4 8879. 00 � Estimate GosC to Move out of Storaga $5500.00 Total Cost $14,379. 00 � , � � � . � - I � . . . � � , w11.nnJones�.r..�,.. ' . . . . . Piepho Moving & Storage, Inc. 3110 Neii Armstrong Boulevard,Eagan,MN 55121 Tei.(612)688-7076•Fax:(612)688-7156 April 13, 1993 Ms . Jacquelyne Wentworth CONWORTH, INC. 4725 Excelsior Blvd. Suite 200 • Minneapolis MN � 55416 Dear Ms. Wentworth: The following is our proposal for the relocation of Al Monk to storage for 365 days . This also includes delivery out of storage to a destination within a 50 mile radius of the storage facility. This proposal does not include insurance. Declare valued protection is available for $ :SO per $1Q00.00 • value per month with a $250.00 deductible. � We cannot transport or store flammable or combustible articles. PHASE I PACK & LOAD TO STORAGE FACILITY Pack, load and transport all items and materials specified at the time of the physical survey to the storage facility. All articles to be relocated must be detached from the building and ready for transport. All articles attached to walls, ..ceiling and foundation are the responsibility of the owner . .�LL/ED Agent for Allied Van Lmes Page 2 PHASE II WAREHOUSE HANDLING & STORAGE ' All items and materials will be delivered into the storage facility with storage not to exceed 365 days. Storage will commence when the first article is delivered into storage whieh will signify the first day of the 365 days allowed by the agreement. Due to the fact that on the 365th day, storage ceases, delivery out will begin five days before to ensure vacancy on the final day. PHASE III DELIVERY OUT OF STORAGE Delivery of all material and items to a specified sight within a 50 mile radius of the storage facility as stated . Charges are based on ground floor delivery only. If the 50 mile radius is exceeded, a $100.Q0 per van per ten mile increment charge will apply. AL MONK PHASE I PACK, LQAD TO STORAGE FACILITY $ 6,001 . 60 PHASE II WAREHOUSE HANDLING & STORAGE $13 , 500.00 - PHASE III DELIVERY OUT OF STORAGE $ 3,920.00 BID TOTAL $23 ,421 .$0 S n�cer�ly, � � �" ' ' : � r�� d�Z� Jeff Boisen General Manager/Sales � �s''U� /j��No CL� L JRB/kb � i � � � � � . � D E���I� D[`C✓S. "7u�ca�ii a�td S�a�tct�e C�ti�,�.uy , -�o LOCAI. AND WORLD WID� TEL. 812•�45T•10}A MOVINO 81$ NOR7N GONCORD ST. SINCE 1917 _SOUTN ST. PAUL, MJNN. 55073 F�x 612.a51.7964 March 24, 1993 . A1 Mvnk . 13965 South� Robert Trail . Ros�emount, MN 554fi8 Dear Al: -` Thank you for the opportunity to fuxnish you an estimate for yaur upcoming move. The estimated cost to pack and move ,� your personal belonqings to our storaqe faCility in South St. paul wauld b� 519► 260 . 00. Th� breakdowns for $tarage and w(house � handling only �re: . _ S�oraqe, per mon�h $1, 199.40 . � W/House handling (one time charge) 780. 04 The estimated amount to move you from our stax�age �o a . unkndwn site would be $12, 450.40. � Al, Bester Bros. charges by the hour, and if the �ime should be more or less than the quated time, you would be charged � accoxdingly. If� you have any questions regarding the above estimate, please do not hesitate to contac� us. Again, thank you for inviting Bester 8ros. �.n -to give you an estimate. We l.00k _. forward to being of service to you. � Sincerely, HESTER BROTHERS TRAN3FER AND STORAGE COMPANY TNC. Lynn Sandhoefnex 3ales Manager LSids . � � ?y . . . . � � . CONWORTH, INC. 4725 Excelsior Bivd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 July 12, 1993 John R. Miller � ' Economic Development Coordinator Rosemount Port Ruthority 2875 145th Street West ) P.O. Box 570 Rosemount, MN 55068-5010 Subject: Actual Moving Payment for Albert R. Monk � 13965 S. Robert Trail Rosemount Fort Authority Armory Site Project Dear Mr. Miller: Transmitted herewith is the Personal Relocation Claim for the captioned owner. We have assembled the accompanying documentation. Upon your review and approval of this claim, please make payment in the amount of Thirteen Thousand Eight Hundred Seventy-Nine Dollars and No Cents ($13 ,879.00) in the following manner: . Albert R. Monk and T-L Construction 4101 19th Avenue South Minneapolis, MN $8,879. 00 Albert R. Monk and Arlender G. Nordvik 4101 19th Avenue South Minneapolis, MN $5,000.OQ Please note that we are submitting this claim on behalf of Mr. Monk at this time realizing that controversial items have not yet been resolved. � Thank gou for your eooperation in this matter. A subseguent claim will be submitted after the items are removed from storage, unless the Port Authority wishes to pay the entire sum for everything now. If there are any questions or concerns regarding this matter, please contact me. Sincerely, �r i..� � ��,��-.�.�-- Jac�e yne Wentwarth Owner/Consultant �.'` sl Enclosures Redevelopment Acquisitioni� SUMMARY Occupant Name: Albert R. Monk Date and Type of Initial Occupancy: 1981, as owner Date Claimant Notified Consultant af Move: April 1, 1993 Occupant Description: Personal items only Type of Payment: Actual Moving Expense Payment Claim Summary: Actual Moving Expense Payment $ 8,$79•�Q � Storage costs (as of 7-15-93} $ 5,Q40.00 Amount of This Claim: $13 ,879,00 Amount of Previous Claims: -0- Total Claims to Date: $13,879.QO Less Amourrts Paid: -4- � Total Amount Requested: � $13 ,879. 00 � Send Payment To: Albert R. Monk and T-L Construction 4101 19th Avenue South Minneapolis, MN $8,879 . 00 Albert R. Monk and Arlender G. Nordvik 4101 19th Avenue South Minneapolis, MN $5 ,000.00 CONWORTH, INC. tn/�OT TP-25152•02(6•83) f�@SIt�@f1218� STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION , � CLAIM FOR MOVING COSTS ' See Instructions on Reverse Side . � FOR STATE U5E ONLY Name . �bert R. Monk Approved Amount � � S p Parcel #34-02010-022-60 Approved Acq.Engr.o R/W Fod. No. County Dakota Approvcd . Re o.Mgr. Par. Na Owner Same Date Application Approved Trail • ' � Address 1�9h5 S_ Rn :Prt City RoGPmo n Mail Check To: Type of Acquisition W FOR STATE USE ONLY TRAN VENDOR NUMBER TYPE � INVOICE NUMBEH ORGANIZATION O � Receipted Bills X Room basis � , SEQ. NO. SUFFDEPT.POlFONO. OBJECT W • . � � IFCOOM 62515-riU[176C[OE COOit1S $ AMOUNT OF 1.NVOIGE DATE UB AGT TAS Q . Q Dislocation allowance 8 N�A SUB TASK COST/C�IENT COOE FED REV 0 1 certity that ths goods or materials coverod by this elsim p ' heve been {nspected snd received or the serviees have bean M Residence from which you movedt Perlormed, end aro in aeeo�denee wlth tpeclficaUonf,snd sro in proper torm kind, amount and quallty, end peyment z therofor Is heroby rocommendet�. _ ❑Apartment No. Rooms F � ❑House No. Rooms Nf A SYSTEM ASSIGN REF. NO. DEPT AUTH SIGNATURE Q ❑Basement �Garage V Was it furnished with your own furn. �yes ❑no f— � Name of Mover Date of Move m v�i T-L Construction 5-1-93 ZAddress City . � 3508 39th Avenue S. Minneapolis; MN 55406 � a LOCATION TO WHlCH PERSONAL PROPERTY WAS MOVED: � Address Cicy 15280 S. Robert Trail Rosemount, Mn , I,the undersigned, do hereby certify that the above information is true and correct, and that any movers'receipts ocstatements attached hereto accurately represent the expenses incurred. i further ctrtiEy that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsi�cation of any portion of this claim witl result in its deniaL Mail Claim To: Dated!�Day of ��! � 19�� Signaturc �� i y/ll, �,�I/^-P.'"Z.�"`C� Ti v.� Ta��n�t�ne� " 7��— 1/��( / ACTUAL MOVING AND RELATED EXPENSES Applicable relocation regulations reguire pubZic agencies to pay the moving and related expenses incurred by the people it displaces for public projects. Eligible actual moving and - related expenses include those incurred to disconnect and reconnect, to disassemble and reassemble, to pack and unpack, and to cart the hausehold' s personal property from -the project site to the replacement dw�lling chosen by the displaced household. Also eligible for repayment are the costs incurred to insure the , move and, at the discretion of the Displacing Agency, to store any personal property which cannot be immediately reestablished at the chosen replacement. The only two limiting conditions on the payment made for these moving-related expenses are that the amounts paid be reasonable and necessary. Further, it is up to the Displacing Agency to determine whether these two qualifications have been met. Compensation for actual moving expenses is generally determined by securing two bids or estimates of the cost for a professional moving company to conduct the move and allowing the lower amount as payment to the mover. (This assumes that the transfer will take place within a 50-mile radius. ) The relocation rules permit - payment for an actual move expense of a "low-cost" move t$2,500 or less) to be based on one move cost proposal estimate provided by a professional moving company or qualified staff person. � The displaced household may also choose to move themselves under this Actual Move Expense provision, keep records of their actual costs via time cards, pre-approved rates, and invoices, and be reimbursed directly for their reasonable and necessary documented costs actually incurred. This option, however, because it requires so much effort to document all of the move costs incurred by the household, is seldom chosen by the displacee. Under an Actual Move Expense claim, reconnect costs for personal property such as telephane and cable 'TV are also allowable, so long as the system being installed is the same or similar to the one which was in use at the project site. Actual invoices are submitted for these costs. To summarize, then, a displaced gerson can be paid for his/her actual costs to move the personal property. An actual moving and related expense claim requires documentation in the form of actual invoices for services rendered. The next page to this claim itemizes the invoices of the claimant' s professionals hired to handle each aspect of the transfer and totals them to show the amount of payment being recommended to the claimant for an actual moving expense entitlement. CONWORTH, INC. ACTUAL MOVING AND RELATED EXPENSES Occupant Name: Albert R. Monk _ Actual Move to Storage of General Personal Property: $8,879.00 Actual Move out of Storage: $5,500.00 (pending) * Actual Storage Costs plus Deposit as of 7-15-93 ; $5,000.00 ** Total Actual Moving and Related Expenses: $13,879.00 * This service has not yet been performed. ** This total amount will change to reflect $1,000/mo. charges as per lease. The $5,000.00 represents the amount actually incurred by Mr. Monk as of July 15, 1993 . CONWORTH, INC. MEMORANDUM TO: Albert R. Monk File FROM: Jacquelyne Wentworth ;/l,�-� DATE: July 12, 1993 Mr. Monk has moved his personal property from the site address to storage as was previously apgroved by the Rosemount Port Authority. We realize that there has been some question as to the number and kind of items that were present on t�ie property which Mr. Monk needed to put into storage, however, Mr. Red Staats, known fairly well by the Port Authority and City Council, has stated �hat all these items were on the site. If the Rosemount Port Authority wishes to close out this matter with Mr. Monk, the Agency could pay the actual move to storage, the total year of storage payment, and the move out of storage to total up to the low bid figure af $23 ,421.60. It is normally the practice that an Agency would pay for storage on a per month basis directly to the storage company. Perhaps Rosemount Port Authority would want to: make that type . of payment to Mr. Nordvik. � We realize that this has been a difficult situation and would suggest that the Port Authority expedite this matter in any way possible. CONWORTH, INC. EXHIBITS 1J SUMMARY 2) RELOCATION CLAIM FORM - ACTUAL MOVING AND RELATED EXPENSES FOR BUSINESSES � 3) NARRATIVE ON :REPLACEMENT SITE SEARCHING, INDIVIDUALIZED COMMENTS, AND RELATED DOCUMENTATION 4) RELEASE OF PR�PERTY : .; . 5) CERTIFICATTON OF CLAIM 6) QUALIFICATIONS OF CQNSULTANT � � i { � �^l�,T`17�1TTT T 7'A T/'"� . . . _: _ , , .. N � .F`.. SUMMARY Business Name: Albert R. Monk _ Project Site Address: 13965 S. Robert Trail, Rosemount, NIl�T Business Owner: Albert R. Monk Business Description: Rental of commercial unit. Type of Payment: Actual Moving and Related Expenses Reason: This is the better financial choice for this business's relocation cost reimbursement. % Claim Summary.. Reglacement Site Search Costs $1,000.00 Amount of This Claim: $1,000.00 Amount of Previous Clai.ms: '0' Total Claims to �ate: • $1,000.00 . Less Amounts Paid: '�- Total Due: $1,000.00 Send Payment To: Albert R. Monk 4101 19th Avenue South Mi.�neapolis, MN 55407 , - ' Y'',..,t ��a�v .'•.'�F�Nd' - yq_.r.i:r�tu�w�-� �'� ���rva�.�a�.w ,.�,v..,,m�„�:. �r��■ : _. �., :. :. . . _ ' — - ..:. .,,-- -«�r < "� .:.. *• - _ - � .. .. ' .. -. , `...� ..: ;-, ...�-: . _ . .. .. _,-,_. ,.� . . .a _ t�.:_ .,::- _ ..�, '...<_ �_" . . . �. ..,:. . .. ;.:., .��._. �.: . .. .1. �,. .,_ . ..,. ,. � . :.�.> . . . :. ...,:. � . ., . . .. ..,-.. , _ ._ _. .� -«;.. .. .... . ...�� � • � � ,-.--...... ._._ :i,;�- . . . • . �. . -..' �..:_t .. • �..� .. .. . _ . . . , . , ,•C.. , - . .. ._ . .. . .. .. -. �:: .. �.. , �: . •. . i�oT TP.zsi si-oz(3iez) : OMMERCIAL ` � STATE OF MINNESOTA • • � - : DEPARTMENT OF TRANSPORTATION . yw+�pr. .. . . � .. ,. . ,. .-.._. . .. __:� : ... . . . . , . . . . . � . ���� CIAiM FOR COMMERCIAL MOVING COSTS . �a� See Instructions on Reverse Sidc . - 1�UR S'li17T,USti UNI.Y Albert R. Monk Namc . A��F�ruvcd Aiuc�unt t l�OOO.00. �• ti.p. 34-02010-022-60 • . . - APHruved . Acq.Engr.ol K)W � - � Dakota .-- F�d.No. ("nunty Apl�rovcd ; ii�•i.,.►.;,.- Par.No. Owner Same ,� . Date Application Appcoved 13965 S. Robert ���iy • Address : M:�il t:hcck 1'�: T'ypc nf Acquisition Condemnation ' . �I���I�I:G��'CL:II�1J TRAN - VENDOR NUMBER TYPE � iNVOICE NVMBER �-•' ORGANIZA710N ituxin��x SE�.NU. +UFf DEPLPU/Ftf NtL ��H-If.CI Z W Q AMOUNI OF INVOICE DATE CC:•L (:G? � I�:mEt _� E- � S„ CG3 CC-4 SOURCE �� tii�n (L�tnova� �W 1 ho�r.bY t.cttltY ll�at ihn gnr>�IS ur u�aierialt<nvcrad bv tl�is Q h- ci�lm ha�e beei�insD�Ned and�ccr.IveC u� tltt tcrvites have �LL DatC U� MOVC__ �-1-93 been pertormed,and are 1�accordance wlih spetHicaUons. V Q and arc M proper torm,kind,amovnt,and quality.and pay- �y mtnt therelore herebY recommended. _�- . m� �O SYSTEM ASSfGN REF.N0. OEPT AUTH 51GNATURE N t"f � � � � � � � . z ------... _..._..__►cx:.��•��ic��v ��c� irilrc.»rr��zsc�N,�i.NRO!'litt7')' i�';i.s,�����•r:u_ ._.----• ...._..__. � A�������< Not Yet: Determined c:;�y � a --- —— := :t,uc�t►n��r�c�t�rs.���'Al/iN7' Moviny Expense � $ —0— Ex��ense incurred in searching for Replacernent�Business or Farm $ 1�000.00 �: . � TUT�AL $ 1,000.00 � he undersigned, do hereby certify that the above information is true and correct, arid that any movers' receipts or • tements attached hereto accurately represent the expenses incurred. I furttrer certify that I f�ave nvt subrnitted any ier moving claim for reimbursetneni of, or received compensation for, any exper�se in connection with this claim. 1 � derstand that falsification of any portion of this claim wifl result in its deniaL E il C:I�itn to: �� � S r �� Da te: •5 �/� � .--� � . i� _ _.�, ._ . _ _ _ . � 3.,�� -,�;� -,�. ��a:......�:.�... - a .. � . � � � . � .�' k SITE SEARCH COSTS Relocation rules s�tate that a business may be repaid for the _ costs it incurred to search for a replacement site to a maximum payment of $1,OOOM00. Claims for site search compensation generally consist of requests to compensate the business for the � time its represen�:atives spent in looking for a new location. A � log or summary is submitted to document the claim which lists how i : many hours were expended on the site search over what time period � for what location:�. Also included is the hourly rate being � . claimed by the buainess as compensation for its representative' s time. While a si�e search claim may include requests for reimbursement of travel expenses such as automobile mileage, ! ; meals, and lodginc�, and also fees paid %to professionals such as : real estate broke�rs 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 r�asonableness 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 i�3ea of the location to which it would like to relocate, the site search task is still a time-cansuming one. A business usually will look in the newspaper for availabl.e sites, contact realtors �about listings, and also visually search an area far available spa�ce. 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 on.e that cannot be lightly made. It is normally not delegated to others. Therefore, the rate charged for the business' s site search representatives is generaTly 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 genera3ly included` in such a sate like overhead and profit. The owner/president of a �nu���nuTu. YN�. 4 � � � � . .. � . . .. � � ��� . :p_: �,: i�; . . . . . . . ;1'.` small business, however, may not have an established hourly rate. �f� In most cases, a rate of around $30.00 per hour can be justified !� ; and considered reasa:nable without any other documentation. . { : , , ;r The next page of this claim summarizes the number cf 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. ' � .: i ; ; , i f = f ; . � � f . . � . . . . �p �„'.` . . - . . . i.�c�: . � . � t:,y_. .. � . � � � i -__: . . . . .. � . :.�,�. CONWORTH. INC. ..� _ _ -- .. _- .:, . . - � �: SITE SEARCH COSTS Business Name: Albe:rt R. Mank/Rental Realty Project Site Address: 13965 S. Rabert Trail, Rosernount, MN ; ; Total Hours Expended: 36.00 � Hourly Rate: $30.00 Mileage: 700 miles @28.5� mile = $199.50 Total Claimed: $1,279.50 , . Maximum Allowable: $1,000.00 � - Recommended Paynnent: $1,000.00 Documentation Attached: Claimant's Statement � i` i , 1 I , �,i . €:Y ; .. - , �F:-. � ,. i `� I� i'` ,: 1�' : l;�;.: . . . . . . . . .'.,f: . � � � � . � �. . . � . � � � ;;'.. �. . � . . . . . � . � . � .�f;i..:�. . . . � . . :i'.��. rnivwc�RTu. TN�. . the sum of $ , plus interest accrued to settlement, ' is hereby found, detern`ined and declared to be the most favorable offer received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Executive Director is directed to retain the deposit of the Purchaser and to forthwith return to the others making offers their good faith checks or drafts. 2. �itle; Original Issue Date: Denominations, Maturities. The Bonds shall be titled "Taxable General Obligation Bonds, Series 1993E", shail be dated November 1, 1993, as the date of oriqinal issue and shall be issued forthwith on or after such date as fully reqistered bonds. Th� Bonds shall be nwnbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a �inqle maturity. The Bonds shall mature on February 1 in the years and amounts as follows: ar $�ount Year ount 1996 $ 30,000 2003 $ 40, 000 1997 3-0,000 2004 45, 000 1998 30,000 2005 45, 000 1999 35,000 2006 50,000 2000 35,000 2007 50,000 2001 35,000 2008 55,000 2002 40,000 2009 60,000 3 . �urpose. The Bonds shall provide funds for the purpose of acquiring land for development as a business park (the "Project") in the Gity. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diliqence to completion. 4. Interest. The Bonds shal.l bear interest payable semi- annually on February 1 and August 1 of each year (each, an "Interest Payment Date") , commencing Auqust 1, 1994, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1996 $ 2OA3 � 1997 2004 1998 2005 248270 2 . 1999 2006 2000 - 2007 2001 2008 2002 2009 5. Redemption. All Bonds maturing in the years 2004 through 2009, both inclusive, shall be subject to redemption and prepayment at the option of the Authority on February 1, 2003, and on any date thereafter at a price of par plus acarued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Authority; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $S,OOO of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the prineipal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as sha11 equal $5,000 for each nuYaber assigned to it and so selected. If a`Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Authority or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Authority and Band Registrar duly executed by the holder thereof ar his, her or its attorney duly authorized in writing) and the Authority shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond ar Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount 24at7o 3 : equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. , in , Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar") , and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the Authority and Bond Registrar shall execute which is consistent herewith. The Bond Reqistrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 13 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form; t68z�o 4 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA COUNTY ROSEMOUNT PORT AUTHORITY R- $ TAXABLE GENERAL OBLIGATI4N BOND, SERIES 1993E INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP November 1, 1993 REGISTERED OWNER: PRINCIPAL AMOUNT: DQLLARS I�TOW ALL PERSONS BY THESE PRE5ENTS that the Rosemount Port Authority, Dakota Caunty, Minnesota (the "Issuer°) , certifies that it is indebted and for value received promises to pay to the - registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date") , commencing August l, 1994, at the rate per annum specified abave (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of ' . lri , (the °Bond Registrar") , acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid an each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address agpearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date") . Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be 248270 5 payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available far payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE IiEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS 3F SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in, the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the Rosemount Port Authority, Dakota County, Minnesota, by its Board of Commissioners has caused this Bond to be executed on its behalf by the facsimile signatures of its Chair and its Secretary, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 2�►s2m 6 Date of Registration: Registrable byc Payable at: BOND REGISTRAR'S ROSEMOUNT PORT AUTHORITY CERTIFICATE OF DAKOTA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned �s/ Facsimile within. Chair L� Facsimile , Secretary Bond Registrar By Authorized Signature z��o 7 ON REVERSE OF BOND Redemption. All Bonds of this issue maturing in the years 2004 through 2009, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 20U3, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption sha11 be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemptions Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a conimon maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Band Registrar shall then select by lot, using such method of selection as it sha11 deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denominatian of more than $5,000 shall be redeemed as shall equal $S,OOO for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in forna satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rats and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; Taxable General Obliqation. This Bond is one of an issue in the total principal amount of $580,000, all of like date of original issue and tenor, except as to number, 248270 8 maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the Board of Commissioners on October 5, 1993 (the "Resolution") , for the purpose of acquiring land for development as a business park. This Bond is payable out of the Taxable General Obligation Bonds, Series 1993E Fund of the Issuer. This Bond constitutes a general obligation of the City of Rosemount, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the City of Rosemount have been and are hereby irrevocably pledged. Denominations: Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Reqistrar, all subject ta the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation) , of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. ���s upon Transf�r or Loss. The Bond R�gistrar may require payment of a sum sufficient to cover any tax or other governmental charge payabl.e in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reqistered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein 2482T0 9 provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 248270 10 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registratian thereof, with full power of substitution in the premises. Dated• Noticec The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a) (2) . The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account. ) 248270 11 8. Execution; Temporarv Bonds. The Bonds shall be executed on - behalf of the Authority by the signatures of its Chair and Secretary and be sealed with the seal of the Authority; provided, however, that the seal of the Authority may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled afficer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such` signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The Authority may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photaeopied facsimile signatures of the Chair and Secretary. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 9. Authentication. No Bond shall be valid or obligatory for ' any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication an different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the Authority on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is November 1, 1993. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchanqe. The Authority will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond 2482T0 12 Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the Authority shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, havinq the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the holder, Bonds may be exchanged` for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the grincipal office of the Bond Registrar. Whenever any 8onds are so surrendered for exchange, the Authority shall execute (if necessary) , and the Bond Registrar shall authenticate, insert the date of registration of, and- deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolutian shall be promptly cancelled by the Bond Registrar and thereafter dispased of as directed by the Authority. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the Authority evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum su€ficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds, 248270 13 Transfers shall also be subject to reasonable regulations of the Authority contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Riahts Ubon Transfer or xchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment. Record Da e. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the Authority maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date") . Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. , 13. Treatment of Registered Owner. The Authority and Bond Registrar may treat the person in whose name any Bond is registered as the awner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisians in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the : Authority nor the Bond Registrar shall be affected by notice to the contrary. 14. Deliverlr; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application there4f. 15. Fund and Accounts. There is hereby created a special fund to be designated the "Taxable General Obligation Bonds, Series 1993E Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account tks2�o 14 separate and apart from a1T other funds maintained in the official financial records of the Authority. The Fund sha11 be maintained in the manner herein specified until all of the Bonds and th� interest therean have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received therean, and less any amount paid for the Bonds in excess of $571,300 and less capitalized interest in the amount of $ (subject to such adjustments as are necessary to provide sufficient funds to pay interest on the Bonds on or prior to February 1, 1995. ) From the Capital � Account there shall be paid all costs and expenses of the Project, including the cost of acquisition heretofore incurred and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $571,300; (c) capitalized interest in the amount of $ (subject to such adjustments as are necessary to provide sufficient funds to pay interest on the bonds on or prior to February i, 1995) ; (d) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (e) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (f) all investment earnings on funds held `in the Debt Service Account; and (g) any and all other moneys, which are properly available and are appropriated by the governing body of the Authority to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the Authority hereafter issued by 248270 15 the Authority hereafter issued by the Authority and made payable from said account as provided by law. 16. Tax Lew; Coveraq,e Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amou, r�t 1993 1994 1994 1995 1995 1996 1996 1997 1997 1998 1998 1999 1999 2000 2000 2001 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 ' The tax levies are such that if collected in full they, will produce at least five percent (5�) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the Authority reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Taxable General Oblicration Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City have been irrevocably pledged by an Ordinance adopted by the City on October _, 1993, in accordance with Minnesota' Statutes, Section 469.060. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the Authority which 248270 16 are available for such purpose, and such other funds may be ~ reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Certificate of Registration. The Executive Director is hereby directed to file a certified copy of this reso2ution with the County Auditor of Dakota County, Minnesota, together with such other information as they shall require, and to obtain the Auditor's certificate that the Bonds have been entered in the Auditor's Bond Register, and that the tax levy required by law has been made. 19. Records and Certificates. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the Authority relating ta the Bonds and to the financial condition and affairs of the Authority, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The Authority may discharge its obligations with respect to any Bonds which are due on any date by irrevocably dspositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The Authority may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The Authority may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution t�.sz�o 17 qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay a11 amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 22. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 23. Effectiveness. This resolution shall become effective only upon adoption by the City Council of an ordinance authorizing the pledge of the City's full faith and credit to the payment of the Bonds. 248270 18 The motion for the adoption of the foregoing resolution was duly introduced by commissioner Edwa.rds and seconded by commissioner Sinnwell and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dunn, McMenomy, Edwards, Sinnwell, Carroll, Anderson and the following voted against the same: None Adopted this 5th day of October, 1993 . Edmund Dunn, Chair ATTEST: Stephan Jilk, Executive Director Motion by: Edwards Seconded by: Sinnwell Voted in Favor: Dunn, McMenomy, Edward.s, Sinnwell , Carroll, Anderson Voted against: None 19 . STATE OF MINNESOTA COUNTY OF DAKOTA ROSEMOUNT PORT AUTHORITY I, the undersigned, being the duly qualified and acting Secretary of the Rosemount Port Authority, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the Board of Commissioners of said Authority, duly called and held on the date therein indicated, insofar as such minutes relate to considering bids for, and awarding the sale of, $580, 000 Taxable General Obligation Bonds, Series 1993E of said Authority. WITNESS my hand this day of , 1993. Secretary 2��0 20 - __..,_t_ ._..._.,_.a._ � �. . . �'r�;�"�£ �..a,=��,:.� .a .c..s:,atia.�1°`�:+lr�,tr -�:r,�..�-.... � '.:.�:�� - ��-a.•�- Kw�•-s� — - -�;.,;;a� ��+ ; ( i. � . � . � � � . � � � � i � _QUALZFICATIONS . i � Jacquelyne D. Wentwoxth � PROJECT ASSIGNMENTS: Acquisition, Residential and Business Relocation Services EDUCATION: B.A./1969/Criminal Sociology, Minor in Psychology, University of M3nnesota � • Continuing Education Courses sponsored - by the International Right of Way ' � � Assoc,�ation, DHUD, NAHRO Private pilot Certified dance instructor PROFESSIONAL AFFILIATIoNS: International Right of Way Association, . Minnesota Chapter 20, Past Chairman of RelQcation Committee riinnesota Chapter of the National Association of Housing & Redevelopment Officials ' Past Board President for Eastside Neighbarhood Services ' � Counselor at Your Emergency Se=vice Aircraft Owners and Pilots Association FORMED CONW(JRTH, INC. : 19 8 9 RELATED EXPERIENCE: � Minneapolis Housing & Redevelflpment Authority (now MCDA) ! * Residential relocation counselor for 6 years * Supervisor of trouble shooting team assigned to problem cases for 3 years * Instrumenta7, in developing E.E.O. policies of Agency Von Klug & Associates, Inc. , � * Consultant for il years in ' .•residential and business relocation, as well as acquisition i COI�+iENTS: Ms. Wentworth has been a guest instructor for the University af � 1•iinnesota Urban Studies Courses, Hennepin County Bar Association, � Minnesota Institute of Legal Education, IRLaA. She is socially- oriented and volunteers her time at various agencies. PERSONAL RELOCATION CLAIM .7ULY, 1993 ALBERT 'R. MONK • 13965 SOUTH ROBERT TRAIL � ROSEMOUNT, MN PARCEL �34-02010-022-60 ROSEMOUNT PORT AUTHORITY ARMORY SIfiE PROJECT CONWORTH, INC. � CONWURTH, INC. 4725 Exceisior Bivd. Suite 200 Minneapolis, MN 55416 (612) 929-0044 July 12, 1993 John R. Mi11er - � Economic Deve2opment Coordinator Rosemount Port Authority 2875 145th Strest West ) P.O. Box 570 Rosemount, NIN 55068-5010 Subject: Actual Moving Payment for Albert R. Monk ' 13965 S. Robert Trail Rosemount Port Authority Armary Site Project Dear Mr. Miller: Transmitted herewith is the Personal Relocation Claim for the captioned owner. We have assembled the accompanying documentatian. Upon your review and approval of this claim, please make payment in the amount of Thirteen Thousand Eight Hundred Seventy-Nine Dollars and No Cents ($13 ,879. 00) in the following manner: . Albert R. Monk and T-L Construction 4101 19th Avenue South Minneapolis, NIN $8,879. 00 Albert R. Monk and Arlender G. Nordvik 4101 19th Avenue South Minneapolis, NIl�T $5, 000."00 Please note that we are submitting this claim on behalf of Mr. Monk at this time realizing that controversial items have not yet been resolved. � Thank you for your cooperation in this matter. A subsequent claim will be submitted after the items are removed from storage, unless the Port Authority wishes to pay the entire sum for everything now. If there are any questions or concerns regarding this matter, please contact me. Sincerely, � � e�,�.,�.- r t,�. .� Jac�e �yne Wentworth Owner/Consultant sl Enclosures Redevelopment Acquisition�� SUMMARY Occupant Name: Albert R. Monk Date and Type of Initial Occupancy: 3981, as owner Date Claimant Notified Consultant of Move: April 1, 1993 Occupant Descrigtion: Personal items only Type of Payment: Actual Moving Expense Payment Claim Summary: Actual Moving Expense Payment $ 8, 879.00 ' Storage costs (as of 7-15-93) $ 5,000.00 Amount of This Claim: �13 ,879 .00 Amount of Previous Claims: -�- Total Claims to Date: $23,879,00 Less Amounts Paid; -Q- Total Amount Requested: $13 ,879. 00 � Send Payment To: Albert R. Monk and T-L Construction 4101 19�h Avenue South Minneapolis, MN $8 ,879 . 00 Albert R. Monk and � Arlender G. Nordvik 4101 19th Avenue South Minneapolis, MN $5 , 000.00 CaNWORTH, INC. +�iooT TP-2sis2•o2 �s•s3� Residentiat . STATE OF MINNESOTA DEPARTMEN7 OF TRANSPORTATION � CLAIM FOR MOVING COSTS ' See instructions on Reverse Side . � FOR STATE USE ONL Y Name . �bert R. tlonk Approvcd Amount � � S.P. Parcel 4�34-02�10-022-60 Appco�cd . : Acq.Engr.o R/W Fed. No. Gouncy Dakota Ap�rovcd - . Re o.Mgc. Par. No. Owner �a'm� Date Application Approved Trail • � � Addcess 1 39h5 �_ Rc�vArt City RosemoLnt Mail CheckTo: Type of Acquisition W FOR STATE USE ONLY TRAN VENOOR NUMBER TYPE � INVOICE NUMBEH ORGANIZATlON O � Receipced Bills X Room basis sen.No. SUFF DEPT.PO/FO N0. OBJECt L"' . W • ' • � lf room basis-number of rooms S ,annov►vT oF �Nvoice oaTe ua s.cT Tas Q � � N�A SUB TASK COST/CLIENT COOE FED REV >- Dislocation allowance S � Q � 0 i certiiy that tha goods or materials eoverod by this cleim 0 ' heve been fnspetted and raceived or ths service� have been M Residence from whuh you moved: P..+or�.+ed, end ero in�eco�dance with spselfication�,�nd a�s I� proper form, kind, emaunt and quailty, and payment z therolor Is herebY recommended. i ❑Apartment No. Rooms E- � ❑House No. Rooms N�A SYSTEM ASSIGN aEF. NO. DEPT AUTH SIGNATURE d ❑9asement �Garage v Was.it furnished with your own furn. �yes ❑no F-- � Name of Mover D�ce of Move c� H T—L Construction 5-1-93 F- Address City � 3508 39th Avenue S. MinneapoZis; MN 55406 � a LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED: � Aaar�u c��s� 15280 S. Robert Trail Rosemount, Mn . I, the undersigned, do horeby certify that the above information is true and correct, and that any movers' receipts or statements attachcd hereto accurately represent the expenses incurred. [ further certify that 1 have not subrnitted any other moving claim Eor reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsifitation of any portion of this claim wiU result in its dcniaL Mail Claim To: Dated�Day of S�� � 19(.�—� . Signaturc v�„L�µ,�/��,���'"z�� -., , , -V'r��� �`y� / ACTUAL MOVING AND RELATED EXPENSES Applicable relocation regulations require public agencies to pay the moving and related expenses incurred by the people it displaces for public projects. Eligible actual moving and - related expenses include those incurred to disconnect and reconnect, to disassemble and reassemble, to pack and unpack, and to cart the household' s personal property from the project site to the replacement dwelling chosen by the displaced household. Also eligible for repayment are the costs incurred to insure the move and, at the discretion �o€ the Displacing Agency, to store any personal property which cannot be immediately reestablished at the chosen replacement. The only two limiting conditions on the payment made for these moving-related expenses are that the amounts paid be reasonable and necessary. Further, it is up to the Displacing Agency to determine whether these two qualifications have been met. Compensation for actual moving expenses is generally determined by securing two bids or estimates of the cost for a professional moving company to conduct the move and allowing the lower amount as payment ta the mover. (This assumes that the transfer will take place within a 50-mile radius. � The relocation rules germit payment for an actual move expense of a "low-cost" move C��,500 or Iess} to be based on one move cost proposal estimate pzovided by a professional moving company or qualified staff person. The displaced household may also choose to move themselves under this Actual Move Expense provision, keep records of their actual costs via time cards , pre-approved rates, and invoi�ces, and be reimbursed directly for their reasonable and necessary documented costs actually incurred. This option, however, because it requires so much effort to dacument all of the move costs incurred by the household, is seldom chosen by the displacee. Under an Actual Move Expense claim, reconnect costs for personai property such as telephone and cable TV are also allowable, sa long as the system being installed is the same or sirnilar to the one which was in use at the project site. Actual invoices are submitted for these costs. „ To summari2e, then, a displaced person can be paid for his/her actual costs to move the personal property. An actual moving and related expense claim requires documentation in the form of actual invoices for services rendered. The next page to this claim i,temizes the invoices of the claimant' s professionals hired to handle each aspect of the transfer and totals them to show the amount of payment being recommended to the claimant for an actual moving expense entitlement. C�NWORTH, INC. ACTUAL MOVING AND RELATED EXPENSES Occupant Name: Albert R. Monk _ Actual, Move to Storage of General Personal Property: $8, 879.00 Actual Move out of Storage: $5 ,500.00 (pending) * Actual Starage Costs plus Deposit as of 7-15-93 : $5,040.00 ** Total Aetual Moving and Related Expenses: �13 ,879 .00 * This service has not yet been performed. ** This total amount will change to ref lect $1,000/mo. charges as per lease. The $5 ,000.00 represents the amount actually incurred by Mr. Monk as of July 15, 1993 . C4NWORTH, INC. MEMORANDUM T0: Albert R. Monk File FROM: Jacquelyne Wentwarth ;�,�-� DATE: July 12, 1993 Mr. Monk has moved his personal property from the site address to starage as was previously approved by the Rosemount Pbrt � Authority. We realize that there has been some question as to the number and kind of items that were present an t�e property which Mr. Monk needed to put into storage; hawever, Mr. Red Staats, known fairly well by the Port Authority and City Council, has stated �hat all these items were on the site. If =the Rosemo�tnt Port Authority wishes to close out this matter with Mr. Monk, the Agency could pay the actual move to storage, the total year of storage payment, and the move out of storage to total up to the low bid figure of $23 ,421.60. It is normally the practice that an Agency would pay for storage on a per month basis directly to the storage company. Ferhaps - Rosemount Port Authozity would want to make that type . of payment to Mr. Nordvik. � � We realize that this has been a difficult situation and would suggest that the Fort Authority expedite this matter in any way possible. CONWORTH, INC. ' STATEMENT '� .r-L c�nstru�c��n STATEME� T-L Construction 3508 , 39th Ave. So. 3508, 39th Ave. So. • Minneapolis , N�I. 55406 Minneapolis ,` MN. 55406 , oATE (612) 721-1986 o�Te ' June 1 � 1993 � j', June 1, 19� �� . TERMS TERMS � i l CASH . CASH +; , � . Alb er t Monk �� To •A1b er t MonkG To 4101, 19th Ave. So. iI 4�.01 , 19th Ave. So. • riinneapolis , MN. 55407 '� ,Minneapolis , MN. 55407 � • OUNT ENCLOSED f 1 AMOUNT ENCLOSEO 1 ' AM i I �'s.. 4:..�r. PIFASE.DETACH AND RETU&N UPPER PORTION WITH YOUR REMtTTANCE . .{,h:;';..�;;<�,:nLFi�SE DETACH AND REfURN UPPER PORTION WITH YOUR REMITinNCE ,, ,;.`-t a J;�•�'3 .�• °. . . + ;:DATE`>.;..�,,.•.. CHARGES.AND GREOITS;�a"i:ir� :-,.s'3�+�"�,: :.� �!•;::�• r l;:a:BAIANCE ' ;.a.:,:BAIANCE s .�Fe 'y` , _ :�DATE�.':r'+ '. LHARGES AND CREDITS �i:'s� .,"�.,.• � t t�P�i ;t.'� !. . ' 6/l/93 Packing, Loading, Hauling, i 6/1/93 Boxes and Cartons rlat. = $105. 1 and i;n-Loading Materials fo i TOTAL ��$��• � Stora�e. _ 4 Men at 64 Hrs. � 64 man � ( Hrs. x 4 = 2S6 x $25 = $6►400.00 I� 6/1/93 Disassemble Paint BooCh and � �� Mave Co Storage B1dg. $250. 00 10 Man Hrs. _ 6I1/93 Move Classic Cars by �tauli.n $20�4.00 • Flat. _ � b/1/93 Move Cars , Motorhome, Tract r, and equipment by Drivinp;. Flat. _ $250. 00 6/1/93 Truck RenCal 6 Days with Driver x $165 = $990. 00 � 6/1/93 I�orklift Rental �+ days x $9, =$384.00 . 6/1/9�3 Pallets 10 x $34 = $300.00 � .. ' �4 � _ r-- wn.cn�one..c. � WltsonJones c..eeM... t� ��5 � �.. ��. �MADE iN U.S A..�.• _� �'y . •iusn • fll•�• •••nl�(� � y�••• •�•1FCN' '�R Rff^ � • � c a.rona ' � � � QwA.BOOTN,6AKER 6�OC..M►Lt.SWOt � F�� 265 P Z..ea�0 oi EQulDment und Ott�rr 1'C�rOnYl PfOyCtt)'. � . � SECUR1TY�l�.MKtOOK,�MwACOUTA,LT.►AUl5S107 � This agreement, made the 1 Sth day of Apr i 1 1993 , between Ar lender G. Nordvik , of 623 2nd Street, Farmington, Mn. 55024 party of the first part, and Albert R. Monk af � ' 41Q1 19th Ave . South, Minneapolis , Mn. 55407 , 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, ta•wit: 60 ' X 100 ' Cold Storage Building for storage at 15280 South Robert Trai1 , RoseMount, Mn . 1 . Lessee will pay $1000.00 deposit and first month' s rent on April 15, 1993 . 2 .. Lessee wi11 carzy his own insurance for property stored in building . . � � • 3 . This lease will continue with. 60 days written notiee to � Lessor by Lessee before end of lease . for the term of 12 **+onths, com:nencing on the �5th day of_�?�r i 1 1993 , the said party of the second part paying therefor to the said party of the first part a+ � 15280 South Robert Trail , Rosemount , Mn . 55068 the sum of One ThOus�nd Dollars on the 1 Sth day of'each month of the said term. 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 ti.mes and in the manner aforesaid, artd that,if the said rent or any part thereof shall at any tima 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 azrears aY the rate of 1 Oio per cent, per �nnum from the date of default in payment thereof until the said rent shall be paid, together with zeasonable charges and ezpenses for collecting the said rents; to pay all taxes which may be imposed upon the said property w�hile in the possession of the said party of the second part; to use the said property in a careful and prudent mannez; not to sublet, moztgage,.or in any manner dispose of the same to any person, or remove or atte�pt to zemove 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 tiznes to enter upon the pxemises to inspect the said property; and to surzender the said property up to the said party of the first pazt 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 hezein contained, then and in ar►y such case the said party of the first pazt or his legal repzesentatives may, immediatety or any time ihereafter,take possession of the said property whezever it may be found, fozcibiy, if necessary, without being taken or deemed guilty of any manner of trespass,-and without thereby rendering him- self oz themselves liable to refund any sums zeceived as rent as aforesaid, and thereupon this lease shall determine, but without prejudice to sny 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 lessor_.._l and lesse�have hereunto set their hands this.� l 5th day of April , 1993 In Presence of 1 . Ar nder G. NOrdvlk ) � . Albert R. Monk ? - . �;'� j� � �. ) . v�:��- � �t,�E'-l'� Personat Acknowledgment State of rSiaaesota �ss. County.of On thig day oE � , 19 , before me personally appeared to me laiown to be the persor�desczibed in and who ezecuted the foregoing instztuaent, and acknowledged that___he_ executed the same g= _ fzee act and deed. �SE'A7,1 Yt��;L L T-L Construction ST�TE�EN� � 350$, �•=39th Ave. So. � Minneapolis`, MN. 55406 � (612) 721-1986 • onre • : June 1 , 1993 TERMS i CASH 1 , ro •AlberC Monlc 4101, 19th Ave. So. �Minneapolis , r1N. 55G07 . � nMOUNT ENCLOSED S ( '' ,�,.�:r;,.;:��f;PLEASE DEfACH!WD REfL1RN UPPER PORTION WITH YOUR REMITTANCE.•�� ..� � ::.t1 I �':,'>,',yin��DATE„'�.+i;i�;': CNARGES AND.CREDt7S . ,..,►.;;•N v; , :,::,�: .:.'�:`.`BAUNCE� :.i;% 6/1/93 Boxes and Cartons Flat. $305.00 ' TOTAL � 8879.00 � Estimate Cost to Move out of Storage $5500. 00 Total Cost $14, 379. Od � � � . . � . _ . . � � � , wn•nnJonos.�w.�•.�•., � � � . Piepho Moving & Storage, Inc. 3110 Neil Armstrong Boulevard,Eagan,MN 55121 Te�.�s127 sss=�a�s•Fax:�s�2)sss-7t ss April 13, 1993 Ms . Jacquelyne Wentworth CONWORTH, INC. 4725 Excelsior B1vd. Suite 200 - Minneapolis MN � 55416 Dear Ms. Wentworth: The following is our proposal for the relocation of A1 Monk to storage for 365 days . This also inc].udes delivery out of storage to a destination within a 50 mile radius of the storage facility. This proposal does not include insurance. Declare valued protection is. aaailable for $ :5Q per $1000.00 - value per month with a $250.00 deductible. � We cannot transport or store flammable or combustible articles . PHASE I PACK & LOAD TO STORAGE FACILITY Pack, load and transport ail items and materials specified at the time of the physical survey to the storage facility. All articles to be relocated must be detached from the building and ready for transport . All articles attached � to walls , ceiling and foundation are the responsibility of the owner . .��LL/EL� Agent for Ailied�fan Lmes Page 2 PHASE II WAREHOIISE HANDLING & STORAGE All items and materials will be delivered into the storage facility with storage not to exceed 365 days. Storage will commence when the first article is delivered into storage which will signify the first day of the 365 days allowed by the agreement . Due to the fact that on the 365th day, starage ceases, delivery out will begin five days before to ensure vacancy on the final day. PHASE III DELIVERY OUT OF STORAGE Deliuery of all material and items to a specified sight within `a 50 mile radius of the storage facility as stated . Charges are based on ground flaor delivery only. If the SO mile radius is exceeded, a $100.00 per van per ten mile increment charge will apply. AL MONK PHASE I PACK, LOAD T0 STOBAGE FACILITY $ 6,001 . 6� . PHASE II WAREHOUSE HANDLING & STORAGE $13 , 500,00 PFiASE III DELIVERY OUT OF STORAGE $ 3 ,924.00 BID TOTAL $23,421 . 60 S 'r�cer�ly, � � �' ,� �l'� D /yZ G Jeff Boisen � General Manager/Sales � Uu (-� /�7�Nd ��/,�' L" JRB/kb ; B���E I� B C�+O S. ��;�� a� s�� ���� .�� LOCAL AND WOpLD WIDC 1'��.. 817•451•1018 MOYINO 818 NOaTN GONGORD ST. S1N�E iD17 :SOUTH ST. P�Ut, MtNN. 5547� F�x 612.a51.7484 March 2�, i993 _ . AI Mank . 13965 Sauth� Robert Trail . Ros�emount, MN 55068 Dear Al: � Thank you for the oppoz'tunity to fux'nish you an estimate for your upcomi.ng move . The estimated cost to pack and move _� your persona]. belonginqs to our storage fa�i3ity in 5outh St. Paul would be �19,260, 40 . The breakdowns for storage and w/house ' . handl.ing only are: . . Storage, per month $1, 199 . 00 . - W/House handling {one time 780. 00 charge) The estimated amoun� to move you from our s�orage to a . , unknown site would be $12, 450 .40. � A1, Bester Bros, charges by the hour, and if the �ime should be more or less than the quoted time, you would be charqed accoxdingly. . If• you have any questions regarding the above estimate, please do not hesitate to contac� us. Again, thank you for inviting Bester B=os. �.n to give you �n estimate. We look _ forward to being of service to you. � Sincerely, BESTER BROTHERS TRAN3FER AND STORAGE COMPANY INC. Lynn Sandhoefner Sales Manager LS/ds �;y � . . � . . . C.J, Nelson �ansfer Inc. w��.� ' � A'�'Q BA�L Specializin�in Housahold, Office Movin�&High Tech Equipment """'* March 25, �.993 A3. I�n3c 13965 South Rnbert T�ai2 Rosgrount, I�7 55066 Dear Al: �ank You fo� the ogportunity to provide yau with an estimate for your ' . relocation. ,Zb relocate your personaZ belan,gings to our storage facilities ' in Blcxmi,ngtcm an estimated cost would be i9,500.00. Storage and warehouse hnndling .cost are; Monthty stozage char9e 51,200.00 Warehouse handling char9e 764.00 : The estimated chazqe to relocate your personal belongins frcm our �storage facilities to an unk.r�z facility would be appmximately 512,540.04. . If the zelocatian wou.ld go faster than we anticipate you will only be chargeQ for actual time and equi.gt�nt used. If there are any changes or you hav� any questions, P��se'do not hesitate to give me a call. we wi.11be as fle�rible as possible to accamr�dat� �,p�.t� needs. I look fozward to working with you in the near future, Sincerely, . Dan� Wollak 8878 Wtntworth Avenue South • Bloomington, MN �5420 • (512) 8$1-4211 RELEASE OF PROPERTY This is to notify the Rosemaunt Port Authority that I, Albert R. Monk, representing myself, have vacated the property at 13965 S. Robert Trail, Rosemount, Minnesota, on May 1, 1993 , and relinquish all rights to property, real or personal, left at that address. ��''-� /� i�� By ��'�'� CC�NWORTH, INC.