HomeMy WebLinkAbout12.a. Presentation of Proposed Redevelopment Plan for Land known locally as the McDonough PropertyTO: Port Authority Chairperson Dunn
Commissioners Anderson, Carroll, Edwards, McMenomy, Sinnwell,
Wippermann
FROM: John Miller, Economic Development Coordinator
DATE: February 5, 1993
RE: Background Information on Friedges Redevelopment Proposal
Joe Friedges has a purchase agreement permitting him to buy the approximately 10.6
acre McDonough property (old lumber yard) found immediately east of the armory
site.
Friedges and his broker, Richard Berens, are proposing to subdivide the land into
three parcels. Two lots adjacent to T.H. 3 would have access from -a street to be
extended east from T.H. 3. The southerly lot would be developed as an auto mall or
car care center. The northern lot would be available for future development with a
use acceptable to the city. All present buildings would be removed within one year.
The plan would provide access to Erickson Park by both walking trail and auto.
Land would be available for storm water and utility easements. The streets would
permit the elimination of three driveways from T.H. 3 -- a safety and aesthetic
consideration.
In preliminary discussions with planning and engineering staff people, the developers
have been told that only quality development would be considered. I believe Mr.
Berens will explain the development which would include:
• Paved parking areas with curb
• Pitched roofs
• Most parking and all garage doors not visible from street
• Decorative block exteriors
• Regrading of site
• Extensive landscaping
• Seeding of "vacant" lot
• Development of paved park trails at developer's expense
• Sign package
They may ask for an indication of Port Authority assistance in some infrastructure
items.
Page 2
I believe Mr. Berens will have letters of interest from businesses interested in the
auto mall including some businesses being acquired and eligible for relocation. He
will also have additional sketches and plan documents for your review as well as a
construction schedule.
The visit with the Port Authority will be followed by visits with Planning
Commission and City Council people. The possible buyers are looking for an
indication of interest in the project before completing the purchase.
Berens and Friedges are looking for any additional ideas for the use or development
of the land. I'm told they would appreciate comments.
ADDENDUM TO PURCHASE AGREEMENT
December 9, 1992
ARTICLE 1
Conditions
1.1 Buyer's performance hereunder is expressly conditioned upon the following
a. Buyer making or waiving soil and engineering tests and studies upon the
Property (the Tests), the scope, purpose and results of which Tests are
satisfactory to Buyer In Buyer's sole discretion. If the results of such
Tests are not satisfactory to Buyer, Buyer shall so notify Owner in writing
prior to 60 days from the date hereof, whereupon this Agreement shall be
voidable in writing by Buyer, in which case the Earnest Money shall be
returned to Buyer and neither party shall be further liable to the other
hereunder. Owner hereby grants Buyer and its agents permission to go
upon the Property for the purpose of making the Tests. Buyer shall fully
and forever indemnify and save harmless Owner from any claims, liens,
and expenses arising therefrom.
b. Buyer obtaining:
1) Acceptable commitments for construction and permanent financing
on the Property including the contemplated construction thereon. The
commitments for financing shall be deemed acceptable in the sole
judgement of Buyer.
2) Permits and licenses required for the contemplated construction and
operation of a building and improvements to be used for retail and/or
service use.
1.2 If any or all of the above conditions are not fulfilled or waived in writing by
Buyer within 60 days of the date hereof, then Buyer, option, by notice in
writing addressed to Owner may terminate this Agreement, in which event
the Earnest Money shall forthwith be returned to Buyer without deduction of
any kind whatsoever and neither party shall have any claim whatsoever
against the other. Owner shall cooperate with and do all things reasonably
necessary to assist Buyer in obtaining the approvals.
ARTICLE 2
Closing Date and Possession
Provided all the terms and conditions hereof have been met, the Closing Date
shall be February 20, 1993 and 5 days from the date the conditions set forth in
Article 1 are fulfilled or waived, or such other earlier date as shall be established
by Buyer with 14 days notice to owner (the Closing Date).
Owner shall deliver possession of the property to Buyer on the Closing Date,
clear of all personality and debris.
ARTICLE 3
TeX
Seller shall deliver to Buyer a survey of the Property (the Survey) prepared by a
registered surveyor showing:
1. The number of square feet contained in the property, measured to the
right-of-way line of public roads upon which it abuts;
2. The exact legal description and boundary lines of the property;
3. Encroachments from or onto the Property, if any;
4. Lanes of occupation, if different from the boundaries thereof;
5. Location of utility lines and easements of any kind, of record or
appearing thereupon, if any;
6. Assumed bearings used by the surveyor;
7. Direct legal access from a public road to the property; and
8. Location of all buildings, parking areas and other improvements on the
Property.
ARTICLE 4
Real Estate Taxes and Special Asse.55Meam
Owner shall prorate the real estate taxes due in the year 1993 and pay all prior
years' taxes and any unpaid installments of special assessments due therewith.
Owner shall provide Buyer with a special assessment search prior to the Closing
Date.
At Closing, Owner shall pay in full all levied and unpaid special assessments
against the Property for all public improvements which have been installed or
ordered to be installed by an governmental body as of the Closing Date. If the
amount of any such assessment is unknown as of the Closing Date, Owner shalt
place in escrow, with an escrow agent designated by the Buyer, an amount
equal to one and one-half (1 1/2) times the estimated amount of such unknown
assessment. The escrowed funds shall be applied to such assessments when the
amount thereof is known.
ARTICLE 5
pecial Conditions
1. During the term of the Real Estate Agreement Owner shall promptly furnish
Buyer with accurate information concerning boundaries, zoning and other
information on the property, upon request, shall allow Buyer access to the
Property for purposes of inspections surveys, soil test and other
investigation thereof.
2. The Seller warrants that there are no hazardous substances as defined in
Minnesota Statute 115B.02, Schedule 8, buried or otherwise located on the
Property and this warranty and representation shall survive the closing.
It is expressly understood and agreed that in this event, prior to closing,
Owner or purchaser discovers the soil or ground water of the premises to be
conveyed herein is environmentally unacceptable In Buyer's sole judgement,
buyer shall have the right and option to declare this agreement null and
void by notifying the Owner in writing of its election to void this agreement
and Owner shall return any Earnest Money previously deposited with Owner
or Owner's agent.
ARTICLE 6
Affidavit
At closing, Owner shall provide Buyer with a judgement and lien affidavit stating
that there are no unsatisfied judgements of record and no actions pending in
any state or federal courts against Owner; and that there are no unrecorded
interests relating to the property.
ARTICLE 7
Place of Cl
The delivery of all papers and monies to be made at the closing shall be at such
place as is mutually agreed to by the parties hereto in writing.
ARTICLE 8
Brokeraae Fees
It is understood by the parties hereto that the Buyer is a licensed Real Estate
Broker which may share in any commissions to be paid as a result of this
transaction and is purchasing this Property with the expectation of profit
Further, that no commission whatsoever will be paid by Owner in this
transaction to any person, firm or entity unless Seller shall be obligated legally
to do so. Richard A. Berens, and Alliance Auction & Realty Services, Inc. is the
Broker and will receive a 5% commission from Owner upon successful closing.
ARTICLE 9
Notwithstanding any other provisions of this Agreement to the contrary, it is
specifically agreed that Owner's sole remedy upon default of Buyer hereunder
shall be to terminate this Agreement and retain the Earnest Money as liquidated
damages. Owner shall have no remedies for specific performance nor any action
for damages, nor any form of personal recourse against Buyer.
ARTICLE e
► • �• �• a=u -r
The terms and conditions and warranties of this agreement shall not be merged
into the warranty deed hereinabove provided for but shall, where applicable,
survive the delivery of such warranty deed from Owner to Buyer.
In witness whereof, the parties hereto have executed this agreement on the
above date.
OWNER: BUYER:
STATE OF MINNESOTA)
COUNTY OF ( )ss
The foregoing instrument was acknowledged before me this day of
hby
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF ( )
The foregoing instrument was acknowledged before me this day of
19 , by
Notary Public
This instrument was drafted by:
ALLIANCE AUCTION & REALTY SERVICES, INC.
7675 West Highway 13
Savage, MN 55378
ADDENDUM
14000 South Robert Trail, Rosemount, Minnesota 55068
That part of Lot One (1), and Lot Six (6), of Auditor's Subdivision No. 1 to the Village of Rosemount,
according to the plat thereof now on file and of record in the office of the Register of Deeds within and
for the County of Dakota and State of Minnesota, said part of Lot One (1) being located in the Northeast
Quarter (NEI/4) and said part of Lot Six (6), being located in the Northwest Quarter (NW1/4) of Section
Twenty nine (29), Township One Hundred Fifteen (115) North, Range Nineteen (19) West and being
described as follows: Beginning at a judicial land mark on the East line of the Northwest Quarter
(NW1/4) of said Section Twenty nine (29), a distance of 1997.40 'feet 'North of the Southeast corner
thereof, said East line assumed to be N 00 East thence S 88*13'27" East 495.00 feet to a judicial land
mark at the Southeast corner of said Lot One (1); thence North 16*4628" East along the Easterly line of
said Lot One (1), a distance of 668.00 feet to a judicial land mark on the north line of said Northeast
Quarter (NE1/4), thence South 88*00100" West along the North line of said Northeast Quarter (NEI/4)
and Lot One (1), a distance of 688.00 feet to a judicial land mark at the Northwest corner of said
Northeast Quarter (NE1/4) and Lot One (1);; thence South 89*44'42" West along the North line of said
Northwest Quarter (NW1/4) and said Lot Six (6), a distance of 80.68 feet to a judicial land mark on the
Easterly right of way line of State Trunk Highway No. 3 as now established; thence South 17*29'51"
West along said right of way line 618.44 feet; to a judicial land mark; thence South 87*51' East a
distance of 266.81 feet to the East line of Lot Six (6), and of said Northwest Quarter (NW1/4) being the
point of beginning, the land herein described containing 10.78 acres, more or less. (*=degrees)
IANDARD PURCHASE AGREEMENT LU
Pwm Approgd By GruNr AGnne�pol�t Ares Board et REALTORS• REVISED DECEMBER 1(195 tQUAL rWUSjnG
• 11 opp"WhNY
.RECEIVED OF Joe Fried es . Minnesota December -9th 92
,19
the sum of Five Hundred Dollars and no/100,s
by check Dollars (s 500.00 )
as earnest money to be deposited the next business day after acceptance in trust account of listing broker
(unless otherwise specified in writing) and in pat payment for the purchase of the premises legally described as
See Addendum
<• located at (Street Address) 14000 soutob t Trail
City of Rosemount of Dakota
including alt plants, shrubs and trees, all storm windows and/or inserCounts, storm doors, screens, awnings, window shades, blinds, curtain'
traverse -drapery Plumbing State of Minnesota
electronic air filterautomatic agag foor opener witixtures with h controls, water softeners abletelevision coutlets s nd cablingcentral air , BUILT-INS to include,
dishwasher, garbage disposal, trash compactor, oven(s), cooktop stove, microwave oven, hood -fan, intercom, installed carpeting, IF ANY,
• Include:
located on the premises which are the property of Seller and also the following . g personal property:
all of which property Seller has this day sold to Buyer for the sum of: s 250,000.00
Two Hundred Fifty Thousand Dollars and no/100's
Dollars,
which Buyer agrees to pay in the following manner: Earnest money of s 5 0 0 . 0 0
$ 249 500.00 cash on or before Feb. 20, 1993 and
of $ , the date of closing, and the balance.
by financing as follows:
i
' Attached are 5 Aqs sddendums which are made apart of this agreement.
+ ' SUBJECT TO performance by Buyer, Seller agrees to execute and deliver __ i;anPra 1
to be joined in by spouse, if any, conveying marketable title to the premises subject only to the following exceptions:
Warranty Deed,
(1) Building and zoning taws, ordinances, State and Federal reputations. (2) Restrictions relating to use or improvement of the premises without
effective forfeiture provision. (3) Reservation of any minerals or mineral rights to the State of Minnesota. (4) Utility and drainage easements
which do not interfere with present improvements. (5) Rights of tenants, if any.
REAL ESTATE TAXES Seller agrees to p4XXXXX12ib?QM1t"1 Mrate
19 9 33 . Seller agrees to pay u gh froXXX=XX2tt?WcXtaxes due and payable in the year
and payable in the year 19U. _S i 1
��8��>��tei�i?eKi?ieYail#+grtl2SP`special
�-->� i _ agrees assessments due
to -Ray______ on the date of closing all special assessments levied and pending.
Buyer shall pay taxes due and payable in the year 19 44 and any unpaid installments of special assessments payable therewith
+
classification. Neither Seller nor Selleafter. Seller warrants that r'ses due and Agent makes any represeble in the ntation 9 4 will be
NON . homestead
real WARRANTIES Seller warrants that buildings, if any, are entirety within the rbo boundary ning the lines ofount fthe u premises.
estate taxes.
appliances, heating and air conditioning, wiring and plumbing used and located on the premises are in proper working order on date of closing.
p es. Seller warrants that all
Buyer has right to Inspect premises prior to closing. Buyer shall satisfy himself/herself at his/her expense that all appliances, heating and air
conditioning, wiring and Plumbing are in proper working order before closing. Seller warrants that the promises are connected to: city sewer
0 yes ® no; city water 0 yes -;Rno. If the premises are destroyed or substantially damaged by fire or any other cause before the
closing date, this agreement shall become null and void at Buyer's option, and the earnest money shall be refunded to Bu er.
POSSESSION Seller agrees to deliver possession not later thanectricity and natural gas chargesmat a m liquid fuel oil of r-1 nS i ng closing. y
All interest, cit ater and sewer charges, el, andquid petroleugas shall be pro -rated between the
parties as of �'� o s i n q Seller
premises before possession date. agrees to remove all debris and all personal property not included herein from the
TITLE & EXAMINATION Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title, t a
Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens.
shall be allowed 10 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed
waived, If any objection is so made, Satter shall be allowed t 20 days to make title marketable. Pending correction of title; payments hereunder
required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this
agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this agreement shall be null and
void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer.
DEFAULT If tide is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate this
agreement, and on such termination alt payments made hereunder shall be retained by Seller andAgent, as their respective interests may appear.
as liquidated damages, time being of the essence hereof. This provision shall not deprive either a Yenc
of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced within Six months after
p rtyof the right of enforcing the specific performance
such right of action arises. In the event Buyer defaults in his performance of the terms of this Agreement, and Notice of Cancellation is
served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA
' 559.21.
ACCEPTANCE Buyer understands and agrees that this sale is subject to acceptance by Sellar in writing. Agent is not liable or responsible
on account of this agreement, except to return or account for the earnest money.
+ AGENCY DISCLOSURE Richard A: Berens
In this transaction. The listing agent or broker stipulates he or she Is repstiresent) g the eller In his transaction.
ulates he or she Is Seller
I, the owner of the -Prsmises, accept—tfi $)agree nt and
the Sala tbsreby ade.
SELLER .--�
SELLER
--------------
I agree to purchase the premises for the price and on the terms and
conditions set f h above.
BUYER
BUYER
Delivery of all papers and monies shall be made at the office of:
Company Alliance Audio & Realtv ServiceSellingAgent Richard A. Berens
Address 7675 West Highway 13 y Sava e
Cit 4 MNZip 5 5 3 7 8
THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETPNT ADVICE. MOR 312
PROPOSAL TO THE CITY OF ROSEMOUNT
We would like to offer to the city of Rosemount a proposal to purchase
some land, this would allow the city to connect the park system and
provide a safe cross walk located at the intersection of Hwy 3 and the
entrance into the Armory. With the increase in traffic caused by the new
Armory and the expansion of the city we feel this would be a concern.
This could possibly work well with the storm sewer previously planned
for this area. We are asking the city, parks and recreation department
and the port authority if tax increment finance money be used to build
the road.
We would like to ask the city to consider a rezoning for the balance of
the property from C-2 to C-3. We are currently seeking several
potential tenants already in the Rosemount area currently looking for
space. The site plan shows a building that would be a concrete structure
with a gabled roof, this allowing for customer parking in the rear of the
building. The balance of this property, buildings and structures
(excluding the existing showroom building) will be removed and the
property will be graded and seeded for future development. Developers
will aggressively market the property and agree to remove existing
building within 1 year.
If we can provide you with any other information please contact us.
Richard A. Berens WFfiedges
612-895-9191 612-469-4078
y,4