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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