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HomeMy WebLinkAbout1989-05-15_COUNCIL PACKETAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL REGULAR MEETING MAY 15, 1989 7:00 P.M. (Convene Joint ERA /Council sleeting)' ROLLCALL I. EDINBOROUGH - HAWTHORN HOTEL DEVELOPMENT (Contd from 5/1/89) A. Amendment to Final Development Plan (Council) B. Amendment,to Zoning Ordinance - To Allow Hotels as a Principal Use in Mixed Development District (Council) C. Amendment to Redevelopment Agreement - Edinborough (HRA) D. Amendment to Sign Ordinance II. 50TH & FRANCE DISTRICT A. Amendment to 50th & France Redevelopment Plan (HRA) B. 50th & France Business District Renovation Improvement No. 89 -9 (Council) III. ADJOURNMENT OF HRA EDINA CITY COUNCIL PROCLAMATION - S.A.D.D. Drunk Driving Awareness Week I. ADOPTION OF CONSENT AGENDA ITEMS.- All agenda items marked with an asterisk ( *) and in bold print are considered to be routine and will be enacted by one motion. There will be no separate discussion of such items unless a.Council Member or citizen so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. II. SPECIAL CONCERNS OF RESIDENTS A. Citizens.Against Pornography (Contd from 4/17/89) III. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. Affidavits of Notice by Clerk. Presentation by Planner. Public comment hears. Motion to close hearing. Zoning Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all members of Council to pass. Waiver of Second REadinQ: 4/5 favorable rollcall vote of all members of Council required to pass. Final Development Plan Approval of Property Zoned Planned District: 3/5 favorable rollcall vote required to pass. A. Final Development Plan - SuperAmerica, 5205 Vernon Avenue - Generally located south of Vernon Avenue and northeast of Link Road IV. PUBLIC HEARING ON-STREET VACATION. Affidavits of Notice by Clerk. Presentation by Engineer. Public comment heard. Motion to close hearing. If Council wishes to proceed, action by Resolution. 3/5 favorable rollcall vote required to pass. A. Vacation of Portion of Service Road - SuperAmerica B. Waiver of Re- Payment Agenda Edina City Council May 15, 1989 Page Two V. ORDINANCES. First Reading: Required offering of Ordinance only. Second Reading: Favorable'rollcall vote of majority of all members of Council required to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. * A. First Reading - Ordinance No. 171 -A30 - Amending Ordinance No. 171 To Add a Permit Category and Permit Fee VI. AWARD OF BIDS * A. W. 49 1/2 Street Parking Ramp Repair Improvement No. P -P -3A (Contract #89 -8 Eng) * B. Millpond Weed Harvesting * C. Chairs for Manager's Conference Room * D. One Ton Cab & Chassis - Traffic Sign Shop VII. RECOMMENDATIONS AND REPORTS A. Approval of.Traffic Safety Committee Minutes of May 9, 1989 B. Utilities Relocation Costs - Centennial.Lakes/W. 76th Street *_.C. Report on Deer VIII. INTERGOVERNMENTAL ACTIVITIES IX. SPECIAL CONCERNS OF MAYOR AND COUNCIL X. POST AGENDA AND MANAGER'S MISCELLANEOUS ITEMS XI. FINANCE * -`A. Payment of Claims as per pre -list dated 5/15/89: General Fund $66,081.07, Art Center $3,772.08, Capital Fund $8,207.94, Golf Course Fund $36,758.89, Recreation Center Fund $5,585.35, Gun Range Fund $275.43, Edinborough Park $10,417.99, Utility Fund $17,780.62, Storm Sewer Utility $938.54, Liquor Dispensary Fund $88,251.22, Construction Fund $374,407.58, Total $612,476.71 SCHEDULE OF UPCOMING MEETINGS /EVENTS Wed May 31 AMM Annual Meeting 5:30 p.m. Mendakota C. Club Mon June 5 Regular Council Meeting 7:00 p.m. Council Room, June.6 - 9 LMC Annual Conference Hyatt Regency - Minneapolis Mon June 19 Council /Planning Commission Meeting 6:00 p.m. Mgrs Conf Room Regular Council Meeting 7:00 p.m. Council Room Mon July 10 Regular Council Meeting 7:00 p.m. Council Room Mon July 24 Regular Council Meeting 7:00 p.m. Council Room 350 PARR AVENUE NEW YORK, NEW YORK IOOEE (212)415 -9200 3 GRACECHURCH STREET LONDON EC3V OAT, ENGLAND 01- 929 -3334 36, RUE TRONCHET 75009 FARM, FRANCE 01- 42- 66 -59 -49 340 FIRST NATIONAL BANE BUILDING P. O. BOX 848 ROCHESTER, MINNESOTA 55903 (507)288 -3156 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. PAUL, MINNESOTA 55101 (612)227 -8017 D013SEY & WHITNEY A F- ERSHIP I -UDINO PHO 6510NAL COePO -ONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612) 340 -2600 TELEX 29 -0605 TELECOPIER (612) 340 -2868 Ms. Marcella Daehn City of Edina 4801 West 50 Street Edina, Minnesota 55424 THOMAS S. ERICKSON, P. A. (612) 340 -2659 May 12, 1989 Re: Edina Hotel Development Dear Marce: 1200 FIRST INTERSTATE CENTER 401 NORTH 31— STREET P. 0. BOX 7188 BILLLNOS, MONTANA 89103 (406)252 -3800 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 89401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 8980E (406)721 -6025 315 FIRST NATIONAL BANK BUILDING WAYZATA,MINNRSOTA 88391 (612)475 -0373 I enclose for the Council packet the following: 1. A memorandum from myself. 2. The Hotel Redevelopment Agreement. 3. The Agreement (Covenants Running With The Land). 4. Easement Agreement. 5. Resolution for adoption by the HRA. These should be sent to the Council and HRA for the Monday, May 15 meeting. You will have to make sufficient copies for that purpose. TSE:jd enclosures If you have any questions, please call me. Very truly yours, Thomas .ThoD. YeErTckson r.- To From: Date:' Re: Council /HRA I.A -B -C -D MEMORANDUM The Honorable Members of the City Council and of the Board of Commissioners of the HRA Thomas S. Erickson May 11, 1989 Edinborough Development - Hotel Proposal � /1f/lf The Council and HRA held a hearing on the above matter on May 1 and continued the hearing until May 15. In the interim the City and HRA staff have been meeting with and preparing.agreements with The Edina Partnership and the Hawthorne people. The goal was to have a signed agreement before the HRA and Council for the Monday, May 15 meeting. However, that has not been able to be done, mainly because of the number of people who have to be consulted and because of the volume of the documents to be drafted and reviewed. There is, however, an agreement in process. The basic parts of it are enclosed with your packet. Those parts consist of a Hotel Redevelopment Agreement, an Agreement (Covenants Running With The Land) and an Easements Agreement. The Hotel Redevelopment Contractalso- h- as -att- ached- -to -it- other - exhibits- -- - - - - -: such as the form of the deed, a definition of the "Permitted Encumbrances ", and excerpts from the Redevelopment Contracts with the Foundation and the HRA that will continue to apply to the Hotel Development. Those other exhibits are not enclosed with your packet. The documents enclosed, comprising the basic documents for the Agreement, do contain provisions which respond to the five elements referred to in the report from Mr. Gordon Hughes —to t -he HRA and Council for the May 1 meeting. They are as follows: 1. Project Signage The Hotel Redevelopment Agreement provides in paragraph 6(d) that, as a contingency to the closing, the applicable sign ordinances of the City be amended to impose on the hotel the signage requirements now imposed in the PC -3 Commercial District, including a requirement that the hotel signage be consistent in color, design and materials with other signs in Edinborough development. The developer agrees with this provision. 2. Zoning Ordinance The Hotel Redevelopment Agreement provides in paragraph 6(b) that, as a contingency to the closing, the zoning ordinance of,the City be amended to permit a "suites hotel" on the site, and that a "suites hotel" be defined as "a hotel in which at least 800 of the guest rooms are two -room suites.containing at least 400 square feet of gross floor area." The developer agrees to this provision. 3. Public Parking Rights In the Easement Agreement, in Sections 2.2(B) and (C), easements are given to the HRA for the purpose of parking on the surface of the Hotel Lot except for parking spaces. to be marked "For Hotel Use Only," leaving approximately 100 spaces for public use, and to build and maintain, at the HRA's cost, a Parking Facility over the surface parking on the Hotel Lot. The surface parking would be subject to reasonable rules and regulations imposed by the Hotel Lot owner, but not so as to prevent use thereof by the public; the parking facility would be owned and controlled by the HRA. The developer has agreed to the basic elements of the easements, although certain details are yet being negotiated. 4. Provision To Ensure That The Hotel Would Be Built And Fees Would Be Paid In the Agreement (Covenants Running With The Land) there is now included as Section 11 an option to repurchase. This option begins sixty days after the date of closing if they have not commenced construction by that time, and will end, if not exercised earlier, by the actual date of start of construction of the hotel. Construction commencement is defined as when a building permit is issued and site grading has started. The purchase price is for what essentially what was received by the HRA from the hotel developer in connection with - - - _of -- Lot- -1 - - -- -The developer has agreed to the basic elements of this proposal although there are some details yet to be worked out. As to the fees to be paid, they will be paid at the time of closing from the funds received by the HRA and the Foundation at closing except for the $50,000 which will be aid when the building is substantially complete, which is defined as when the hotel is ready for occupancy for the purpose intended as certified by the City building official. 5. Service of Beer, Wine and Liquor The Hotel Redevelopment Agreement in paragraph 19 contains a representation and agreement by the developer that it will abide by the applicable statutes and ordinances, and the interpretation of those statutes and ordinances by the City, but will also be subject to such changes as may hereafter occur in the statutes and ordinances or interpretations, and it will not serve complimentary wine, beer or liquor during any hors d'oeuvres time. .That undertaking and agreement will also be the subject of a separate document to be signed and delivered by duly authorized officers of the hotel developer at the closing (see paragraph 8(n) of the Hotel Redeveloment Agreement). In addition, the City will receive an opinion from counsel for the hotel developer that the documents .signed and delivered by the hotel developer, including such liquor statement, have been duly authorized and signed. ORDINANCE NO. 825 -A AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) TO ADD SUITES HOTEL TO MIXED DEVELOPMENT DISTRICT AND TO ADD A DEFINITION OF SUITES HOTELS THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 14.B. is hereby amended by adding the following permitted use: 8. Suites Hotels Section 2. Section 3.D. is hereby amended by adding the following definition: SUITES HOTELS: A hotel in which at least 80 percent of the guest rooms are two -room suites containing at least 400 square feet of gross floor area. •, 18998 HOTEL REDEVELOPMENT AGREEMENT This Agreement and Amendment, made and entered into as of the 15th day of May, 1989, between the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate under the laws of Minnesota (the •'HRA"), East Edina Housing Foundation, a Minnesota nonprofit corporation (the "Foundation "), and The Edina Partnership, a Minnesota general partnership (the "Redeveloper "). WITNESSETH, THAT: WHEREAS, the BRA and the Foundation entered into a Land Sale Agreement and Contract for Private Redevelopment dated on or as of August 1, 1985 (the "Original HRA Contract "); and WHEREAS, Redeveloper and the Foundation entered into a Land Sale Agreement and Contract for Private Redevelopment dated on or as of August 1, 1985 (the "Original Foundation Contract "); and WHEREAS, the HRA Contract has previously been amended by Amendment No. 1 dated as of October 1, 1985, by Amendment No. 2 dated as of April 1, 19860 by Amendment No. 3 dated as of July 10, 1986, by . Amendment No. 4 dated as of October 6, 1986, by Amendment No. 5 dated as of February 19, 1987, and by Amendment No. 6 dated as of April 15, 1989 (the Original HRA Contract, as so amended, shall hereinafter be called the "HRA Contract "); and WHEREAS, the Original Foundation Contract has previously been amended by Amendment No. 1 dated as of April 1, 1986, by Amendment No. 2 dated as of July 10, 1986, and by Amendment No. 3 dated as of April 15, 1989 (the Original Foundation Contract, as so amended, shall hereinafter be called the "Foundation Contract "); and WHEREAS, Redeveloper, by the terms of the Foundation Contract, has the right and option to purchase the property defined in the Foundation Contract and HRA Contract (herein together sometimes called the "Contracts ") as the Office Project Area Phase II; and WHEREAS, the parties now desire to amend and clarify some.of the terms and provisions of the Contracts as they relate to the Office Development Phase II. NOW, THEREFORE, for and in consideration of the covenants and agreements herein set out, the parties hereto do hereby agree as follows: 1. Terms and Application of Contracts. Terms used herein shall have the same meaning as in the Articles and Amendments of the HRA Contract and Foundation Contract attached hereto as Exhibits E and F respectively. All of the terms and provisions of said Exhibits are incorporated herein by reference and they shall apply to the Hotel (below defined) except (i) to the extent clearly applicable by their terms only to any previous development, or (ii) to the extent expressly modified or amended by the language of this Agreement. No terms or provisions of the Contracts not included in said Exhibits E or F, in this Agreement, or in the other exhibits hereto, shall apply, it being the intent of the parties hereto to set forth all of the rights and obligations of the parties hereto with respect to the sale of Lot 1 (below defined) and development of the Hotel (below defined) in this Agreement, including all exhibits hereto. Based on the foregoing, and anything herein to the contrary notwithstanding, it is understood and agreed that references herein to this Agreement shall mean this Agreement and the terms and provisions of the Exhibits attached hereto and hereby made a part hereof, including, without limitation, Exhibits E and F hereto, except as application of Exhibits E and F is limited by (i) and (ii) of this paragraph. 2. Legal Description. The legal description of the Office Project Area Phase II is and shall be Lot 1, Block 1, Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota ( "Lot 1"). 3. Option; Exercise; Survival. (a) Redeveloper has the right to and may exercise, pursuant to and subject to the terms and conditions of those Articles of the Contracts specified in paragraph 18 hereof, the option to acquire Lot 1. (b) The HRA, Foundation and Redeveloper agree that execution of this Agreement shall be the exercise of the option at paragraph 3(a) hereof, and Lot 1 shall be purchased and sold pursuant to the terms and conditions of this Agreement. (c) The provisions relating to exercise of the option set out in paragraph 3(b) hereof notwithstanding, it is understood and agreed that if, for any reason, any of the contingencies set out in paragraph 6 hereof have not occurred or are not waived so that Lot 1 is not conveyed to Redeveloper or Assignee pursuant to this Agreement, then the option set out at paragraph 3(a) hereof shall continue in full force and effect as if this Agreement had not been entered into, and the HRA, Foundation and Redeveloper shall enter Into a written agreement terminating this Agreement (except that the indemnity provisions of the Contracts as set out in paragraph 10 hereof shall continue). -2- 4. Purchase Price. (a) The purchase price to be paid by Redeveloper for Lot 1 shall be $1,127,903.19 and shall be paid as follows: (1) $967,080.00 to the Foundation in cash, or by certified cashier's check, on the Closing Date; $ 500000.00 to the City when the Hotel (below defined), as certified by the Building Official of the City of Edina, may be occupied for the use intended in compliance with applicable laws, codes, statutes, ordinances and regulations (and Redeveloper understands and agrees that the HRA and Foundation has no obligation to give a Certificate of Completion for the development on Lot 1 until said sum is paid, all pursuant to Section 4.4 of the BRA Contract); (iii) $ 21,137.16 by payment of the installment of special assessments against Lot 1 payable in 1989. This payment shall be made on the Closing Date to the HRA to the extent it has been paid by the HRA on or prior to the Closing Date, and, to the extent not so paid by the HRA, shall be paid to the County of Hennepin when due and before it becomes delinquent; and (iv) $ 89,686.03 by payment of the installments of special assessments against Lot 1 becoming payable In 1990 and subsequent years, such payments to be made when due and before they become delinquent. No other, or additional, purchase price shall be payable by Redeveloper for Lot 1; provided, however, that Redeveloper shall pay, and shall not by this Agreement be relieved from the obligation to pay, (x) all costs incurred or paid by the HRA or Foundation in connection with the sale of Lot 1, including, without limitation, abstract costs, filing fees, state deed taxes, escrow fees and costs or fees for title insurance commitments or policies, (y) real estate taxes and installments of special assessments payable in 1989 and subsequent years, if other than as set out at (iii) and (iv) above, (z) all connection, hookup, sewer access charges, sewer availability charges, and other similar or dissimilar charges, and all fees and charges for building and other permits. -3- M The Foundation shall make all payments to be made, pursuant to the Contracts, to the City of Edina (the "City ") or BRA in connection with the sale or development of Lot 1, for grading in the amount of $59,262.14 and for subdivision dedication fees in the amount of $91,232.50. The Foundation also agrees to reimburse the BRA for all special assessments against Lot 1 paid by the HRA and payable in 1988 and prior years in the amount of $21,284.03. (c) The HRA hereby warrants and represents that (i) Lot 1 is exempt from real estate taxes payable in 1989 based on the tax statement for real estate taxes payable in 1989 received by the HRA, and (ii) it is not aware of any special assessments that may hereafter be levied by the City of Edina for work now authorized by the City. However, the HRA makes no representations as to the real estate taxes that will be payable in 1989 or future years due to any sale pursuant hereto, nor as to any special assessments that may hereafter be levied against Lot 1. 5. Closing. The closing date ( "Closing Date ") shall be (i) September 30, 1989, or (ii) such earlier date as all of the contingencies set out in paragraph 6 hereof have occurred or been waived pursuant to said paragraph 6. The Closing Date at (i) above in this paragraph may be extended by Redeveloper to a date not later than December 30, 1989, by written notice to the HRA and Foundation, given pursuant to Section 11.5 of the Foundation Contract on or before September 30, 1989, and if, at the time such notice is given, the HRA and Foundation determine in writing, that progress is being made, in good faith, to a closing pursuant hereto, but if the HRA or Foundation determine that no such progress is being made, then no such extension shall be effective and Redeveloper shall perform this Agreement by the Closing Date set out at (i) above in this paragraph. 6. Contingencies. Upon the occurrence, or the waiver, in writing, by Redeveloper, Foundation and HRA, on or before the Closing Date, of all of the following contingencies, the HRA and Foundation shall sell, and Redeveloper shall buy, Lot 1 pursuant to this Agreement. However, if all of such contingencies have not so occurred or been so waived, then this Agreement shall be void and of no force and effect and the option set out at paragraph 3(a) hereof and the Contracts, as amended, shall continue in full force and effect as if this Agreement had not been entered into, and the HRA, Foundation and Redeveloper shall enter into a written agreement terminating this Agreement (except that the indemnity provisions of the Contracts as set out in paragraph 10 hereof shall continue). The contingencies are as follows: (a) Approval by the HRA and Foundation in the manner and pursuant to the procedures set out in Article I% of each of the Contracts, of an assignment by Redeveloper of all of the right, title and interest of Redeveloper in and to Lot 1, including the right to acquire the same pursuant to the Contracts as hereby amended, to a developer (the "Assignee ") of the Hotel (below defined); -4- (b) Amendment by the City of the applicable zoning ordinances of the City, to permit a "suites hotel" (to be defined in the ordinance amendment substantially as follows: "a hotel in which at least 80% of the guest rooms are two -room suites containing at least 400 square feet of gross floor area "), on Lot 1; (c) Approval of the Construction Plans for the Hotel by the HRA pursuant to the HRA Contract; (d) Amendment by the City of the applicable sign ordinances of the City to impose on the Hotel the same signage requirements as now imposed in the PC -3 Commercial District (as defined in the City zoning ordinances) of the City, and, in addition, a requirement that the Hotel signage be consistent in color, design and materials with the other signs in the Edinborough development; and (e) Approval by the City of a Final Development Plan for Lot 1, pursuant to the Zoning Ordinance of the City, allowing development on Lot 1 of a suites hotel containing not more than 142 suites (the "Hotel "). 7. Abstracts and Title. (a) The HRA and Foundation shall have no obligation or liability to deliver any abstracts, title insurance commitments or other evidence of title or ownership of any kind; any abstracts or title or ownership evidence desired by Redeveloper shall be purchased at the sole expense of Redeveloper. (b) Any conveyance to be made by the HRA pursuant to the Contracts, as hereby amended, shall be made by the HRA pursuant to a Redevelopment Property Deed substantially in the same form of Exhibit G attached hereto and hereby made a part hereof. (c) The HRA and Foundation shall have no obligation to cure or remove any title defects or title objections existing or claimed to exist as to Lot 1, and Redeveloper agrees to accept title to said Lot 1 in its "as is" condition. In addition, the Redevelopment Property Deed shall be subject to the encumbrances (the "Permitted Encumbrances ") listed on Exhibit A attached hereto and hereby made a part hereof. 8. Closinsr Documents. On the Closing Date the following documents, in form and substance reasonably acceptable to the HRA and Foundation, shall be duly executed as necessary and delivered: (a) An Opinion of Counsel for the Assignee addressed to the HRA and Foundation (modified as necessary to fit the Assignee, if assignment is made pursuant to paragraph 16 hereof and approved pursuant to paragraph 6(a) hereof); -5- (b) An Opinion of Counsel addressed to the HRA and Foundation relative to The Edina Partnership and all partnerships signing the consents hereto, and covering specifically this Agreement, said consents, the assignment to Assignee, and any and all documents signed or delivered pursuant to paragraph 17 hereof; (c) The insurance policies required by Section 6.1 of the HRA Contract; (d) The Redevelopment Property Deed for Lot 1, subject to the Permitted Encumbrances, from the HRA (but it is agreed that inclusion of real estate taxes and installments of special assessments payable in 1989 as a Permitted Encumbrance shall not negate or amend any provision of paragraph 4 hereof); (e) The partnership agreements, articles, bylaws and certificates required by Section 3.3(vii) of the HRA Contract; (f) Construction Plans for the Hotel (if not previously delivered), approved by the HRA; (g) An agreement in form and substance substantially the same as the Agreement (Covenants Running With The Land) attached hereto as Exhibit B and hereby made a part hereof (it being agreed that the Public Maintenance charge set forth in Exhibit B shall be adjusted to reflect the actual number of suites in the approved construction plans for the Hotel); (h) An Easement Agreement in form and substance substantially the same as the Easement Agreement attached hereto as Exhibit C and hereby made a part hereof, with exhibits thereto in form and substance acceptable to the HRA; (i) Evidence, by paid receipt, copy of check from the HRA, or certificate of the Executive Director of the HRA, of the amount of special assessments payable in 1989 which has been paid by the HRA as of the Closing Date pursuant to paragraph 4(a)(iii) hereof; (j) Assignments to the HRA pursuant to Section 11.18 of the HRA Contract, if requested by the HRA; (k) The guaranty and related documents required by Section 5.8(a) of the BRA Contract only for the HRA Public Improvements referred to in paragraph 13 of this Agreement, and the guarantor shall be Redeveloper; (1) The Owner's duplicate certificate of title for Lot 1; (m) An estoppel certificate, or similar document, covering the matters set out in paragraphs 10(a) and 10(b) hereof, and containing the indemnity set out in paragraph 10(c) hereof; -6- (n) A statement from Assignee signed by duly authorized officers of Assignee, stating and affirming'the statement and agreement set out in paragraph 19 hereof; (o) An agreement from Redeveloper or Assignee agreeing to pay the $50,000 pursuant to paragraph 4(11) hereof and agreeing to the provisions of Section 11.17 and the last paragraph of Section 10.2 of the HRA Contract; (p) Such other documents as may be reasonably required by Redeveloper, Assignee, HRA or Foundation in connection with the closing. 9. Recording. The following closing documents shall be recorded, without cost to the HRA or Foundation, in the following order and prior to any other closing documents: Redevelopment Property Deed, Basement Agreement and Agreement (Covenants Running With The Land). No mortgage or other lien given or suffered by Redeveloper, or Assignee, shall be recorded prior to the recording of all of the documents above listed in this paragraph 9. 10. Condition of Property; Environmental Tests; Possession. (a) Redeveloper specifically acknowledges that it is buying Lot 1 "as is." Not later than June 30, 1989, Redeveloper shall make, or cause to be made, such soil tests and environmental tests as Redeveloper may deem necessary. The HRA and Foundation have not made and will not make any representations or warranties to Redeveloper, or to Assignee or any other successor or assign of Redeveloper, regarding (I) the suitability of the soils of Lot 1 for the Hotel or any other development; (it) the presence on Lot 1 of, or the use of Lot 1 at any time for the storage or disposal of, toxic substances, toxic pollutants, or hazardous wastes, hazardous materials, hazardous air pollutants or hazardous substances, as the same, or equivalent, are identified by or are defined by or pursuant to federal, state or local law, ordinance or regulation, and including, without limitation, polychlorinated biphenyls and petroleum products and by- products; or (iii) the physical capacity of any sanitary sewer system serving Lot 1 or the legal right of Redeveloper to use such capacity. It is further agreed that the HRA and Foundation shall have no liability to Redeveloper, or to Assignee or to any other successor or assign of Redeveloper, for any removal, clean -up, or amelioration of such soils, pollutants, materials, wastes or substances. Redeveloper, pursuant to Section 3.4(d) of the HRA Contract, and subject to the indemnity provisions of Section 11.11 of the HRA Contract and Section 11.10 of the Foundation Contract, have the permission of the HRA to enter upon Lot 1 for testing. If such tests reasonably indicate to Redeveloper that substantial and extraordinary costs for removal of hazardous wastes or hazardous substances would be involved or substantial and extraordinary site 6a preparation or foundation costs would be necessary for the development of the Hotel, then Redeveloper may terminate purchase of Lot 1 pursuant to this Agreement by notice given to the HRA and Foundation pursuant to Section 11.5 of the Foundation Contract on or before July 10, 1989. If no such notice be so given, then Redeveloper shall be deemed to have waived all right to terminate this Agreement pursuant to this paragraph. If such notice be so given, this Agreement shall be void and of no force and effect (except that the indemnity provisions of Section 11.11 of the HRA Contract and Section 11.10 of the Foundation Contract shall continue), but the option set out at paragraph 3(a) hereof and the Contracts, as amended, shall continue in full force and effect as if this Agreement had not been entered into, and the HRA, Foundation and Redeveloper shall enter into a written agreement terminating this Agreement. (b) Redeveloper warrants and represents that it has inspected Lot 1 and taken such tests of Lot 1 as it thinks necessary (except tests to be taken pursuant to paragraph 10(a) hereof), and that based on such inspection and testing, Lot 1 is wholly acceptable to it, as to the availability of utilities thereto, the legal and physical capacity of sanitary sewer service, and the connection and other charges anticipated for connection of the Hotel to all utilities. (c) Redeveloper and Assignee further agree to indemnify the HRA to the extent set out in Section 11.11(a) of the HRA Contract, and the Foundation to the extent set out in Section 11.10 of the Foundation Contract, in connection with any claims arising, or claims to arise, out of any entry upon Lot 1, whether such entry is heretofore or hereafter done by Redeveloper or Assignee. 11. Real Estate Taxes and Assessments; Permit Fees. The Redevelopment Property Deed shall be subject to, and Redeveloper shall agree to pay, all real estate taxes against Lot 1 payable in 1989 and subsequent years and installments of special assessments payable therewith. However, to the extent the BRA or Foundation has paid, on or before the Closing Date, any of such real estate taxes or installments of special assessments, then Redeveloper shall reimburse the HRA or Foundation, on the Closing Date, for such payment. Redeveloper shall also pay, and the HRA and Foundation shall have no obligation to pay, all fees and charges for building and other permits, hookup charges, sewer access charges, sewer availability charges, connection charges, and all other similar or dissimilar charges, in connection with the Hotel development on Lot 1. 12. Commencement and Completion of Construction. Redeveloper understands and agrees that the provisions of Section 4.3 of the HRA Contract shall apply to the development of Lot 1 with the Hotel, except that the requirement that construction of the Hotel shall commence within -8- 30 days after approval by the HRA of the Construction Plans for the Hotel and conveyance of Lot 1 is hereby changed to within 60 days after such approval and conveyance, and except that commencement of construction is hereby defined to mean when the City has issued a building permit for construction of the Hotel and site grading has started on Lot 1. 13. HRA Public Improvements. The HRA Public Improvements associated with the Hotel development of Lot 1 and to be constructed by the HRA at its cost and expense are as set out in Exhibit D attached hereto and hereby made a part hereof. The HRA Public Improvements set out in said Exhibit D shall be commenced and completed pursuant to the provisions of said Exhibit D. 14. Default; Remedies. If the contingencies set out in paragraph 6 hereof have occurred or been waived as provided in paragraph 6, and: (a) if Redeveloper defaults in any of its obligations under the Contracts, as hereby amended, on or before the Closing Date, then the Foundation and HRA may exercise any remedy then available to them at law or in equity or under the Contracts, as hereby amended, including, without limitation, suit for damages, suit for specific performance or termination of the Contracts as hereby amended, but without any notice or grace periods except as may be required by applicable Minnesota Statutes for termination of the Contracts as hereby amended; (b) if Redeveloper defaults in any of its obligations under the Contracts, as hereby amended, after the Closing Date and conveyance of Lot 1 to Redeveloper, then the Foundation and HRA shall have available to them all of their respective rights at law or in equity or as set out in the Contracts, as hereby amended, subject, however, to the requirements of notice and grace periods to cure defaults as set out in the Contracts; (c) if the Foundation or the HRA defaults in any of their obligations, or the obligations of either of them, under the Contracts, as hereby amended, then Redeveloper, as its sole and exclusive remedy (all other rights and remedies being hereby waived and released) may terminate the Contracts, as hereby amended, and the HRA and Foundation, specifically, shall have no liability or obligation for damages of any kind; provided, however, if the default of the HRA or Foundation is the failure to execute and deliver the Redevelopment Property Deed, then Redeveloper shall have the additional remedy to sue for the specific performance by the HRA and the Foundation of the delivery of such deed. Said suit shall be commenced within 20 days of the date of such failure, and if not commenced within said period, the right to sue for such specific performance shall be waived. However, in no event shall the HRA or Foundation be liable for damages of any kind, monetary or otherwise, for failure to execute and deliver such deed. -9- 15. Brokers' Commissions. a. Redeveloper represents and warrants to the BRA and the Foundation that it has not dealt with any brokers, finders or the like in connection with the sale of Lot 1. Redeveloper agrees to indemnify the HRA and the Foundation and to hold them harmless against any and all claims, damages, costs and expenses, including reasonable attorneys' fees resulting from any claim for a commission or fee for the sale of Lot 1 due to the act or agreement, or alleged act or agreement, of Redeveloper, and Redeveloper will pay all costs of defending against any such claims, including reasonable attorneys' fees. b. The HRA and Foundation represent and warrant to Redeveloper that they have not dealt with any brokers, finders or the like in connection with the sale of Lot 1. The HRA and the Foundation agree to indemnify Redeveloper and to hold the Redeveloper harmless against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, resulting from any claim for a commission or fee for the sale of Lot 1 due to the act or agreement, or alleged act or agreement, of Foundation or HRA, and they will pay all costs of defending against any such claims, including reasonable attorneys' fees. 16. Assignment. References herein to Redeveloper shall include Assignee (as defined in paragraph 6(a) hereof) from and including the date of written approval by the HRA and Foundation of any assignment by Redeveloper to Assignee made pursuant to Article IR of the respective Contracts. From and after such approval, and after a closing pursuant to this Agreement, The Edina Partnership shall have no further liability to the HRA or Foundation under this Agreement. 17. Purchase of Second Mortgages. The Foundation agrees to purchase, on the Closing Date, all of the Redeveloper Second Mortgages, as defined in the Foundation Contract, pursuant to the terms of the Foundation Contract, with the purchase price received, when and if received, pursuant to the sale anticipated by this Agreement. The purchase price shall be paid only to The Edina Partnership and only in exchange for an agreement from The Edina Partnership and the Edinborough Condominium Partnership, duly signed, assigning, transferring and conveying to the Foundation all right, title and interest of The Edina Partnership and the Edinborough Condominium Partnership in and to any and all second mortgages which are a lien on, or which cover, affect or relate to, any condominium units or garage units in any and all of the condominiums known as Village Homes of Edinborough, and specifically including all Redeveloper Second Mortgages as defined in Amendment No. 2 (To Foundation Contract). 18. Provisions Superseded; Continuing Effect. In addition to, and not in substitution for, the provsions of- paragraph 1 hereof, it is -10- agreed that the provisions of this Agreement and the exhibits hereto shall control over, and shall be an amendment of, any terms, conditions or provisions of the Contracts which are contrary to, or inconsistent with, the provisions of this Agreement. Attached hereto as Exhibit E and hereby made a part hereof are Articles I. II, III, IV, VI, VIII, I%, R, RI, RII and %III, Sections 5.1(b) and (c), Section 5.5 and Section 5.6, Exhibit F to the HRA Contract, and Amendment No. 1 (to HRA Contract) and Amendment No. 6 (to BRA Contract) of the HRA Contract. Attached hereto as Exhibit F and hereby made a part hereof are Articles I, II, III, IV, VI, VIII, IR, R, RI, RII, %VI and %VII, and Amendment No. 1 (to Foundation Contract) and Amendment No. 2 (to Foundation Contract) and Amendment No. 3 (to Foundation Contract) of the Foundation Contract. Subject to the first sentence of this paragraph, the terms and conditions of those Articles and Amendments shall be and remain in full force and effect. 19. Serving of Liquor. Redeveloper and Assignee understand and agree to comply with the City ordinances and state statutes, as now existing and as hereafter amended, relating to intoxicating liquor ( "liquor "), non- intoxicating malt liquor ( "beer ") and wine (as such terms are defined by City ordinances). Redeveloper and Assignee also accept and agree with the opinion of the City and its counsel that complimentary liquor, beer or wine cannot now be served to Hotel guests or others as an enticement, and specifically, without limitations, no complimentary beer, wine and liquor will be served by Redeveloper or Assignee, or any owner, lessee or operator of the Hotel to Hotel guests or others during the hors d'oeuvre time at the Hotel. The foregoing commitment is based on the understanding that if the said ordinances or statutes, or the opinion of the City and its counsel, change in the future, or if the City permits the service of beer, wine or liquor to hotel guests by other hotels in the City, Redeveloper and Assignee will be entitled to change their operations but subject to compliance with, and they hereby agree to comply with, the then existing City ordinances and state statutes, and the opinion of the City and its counsel relative thereto. 20. Survival. The terms and provisions of this Agreement shall survive the closing of the sale of Lot 1 and the conveyance of Lot 1 by the HRA pursuant hereto, and shall continue in full force and effect and be enforceable after, and notwithstanding, such closing and conveyance. 21. Counterparts. This Agreement may be executed in one or more counterparts, all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, with all exhibits hereto, constitutes the complete agreement between the parties relative to Lot 1 and the Hotel. There are no verbal or prior agreements that change this Agreement or any exhibits, and no waiver of any terms of this Agreement or any exhibit will be effective unless in writing executed by the parties hereto. -11- 23. Controllina Law. This Agreement and exhibits has been made under the laws of the State of Minnesota, and such laws will control its interpretation and enforcement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By By Its Chairman Its Secretary EAST EDINA HOUSING FOUNDATION By. Its And Its THE EDINA PARTNERSHIP By York Edina Partnership, a general partner in The Edina Partnership By Winfield Developments, Inc., a general partner in York Edina Partnership By Its By Laukka, Inc., a general partner in York Edina Partnership By Its -12- By P.E. Jarvis, Inc., a general partner in York Edina Partnership By Its By Henry Hyatt, a general partner in The Edina Partnership By. Sheldon L. Baskin, a general partner in The Edina Partnership By Thomas W. LaSalle, a general partner in The Edina Partnership By Daniel N. Epstein, a general partner in The Edina Partnership STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19899 by and , the and , respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, a Minnesota body politic and corporate, on behalf of said authority. Notary Public -13- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19899 by and , the and , respectively, of the East Edina Housing Foundation, a Minnesota non - profit corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19899 by , a of Winfield Developments, Inc., a Minnesota corporation, a general partner in York Edina Partnership, a Minnesota general partnership, a general partner in The Edina Partnership, a Minnesota general partnership, on behalf of said corporation and said partnerships. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1989, by , a of Laukka, Inc., a Minnesota corporation, a general partner in York Edina Partnership, a Minnesota general partnership, a general partner in The Edina Partnership, a Minnesota general partnership, on behalf of said corporation and said partnerships. Notary Public -14- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1989, by , a of P. E. Jarvis, Inc., a Minnesota corporation, a general partner in York Edina Partnership, a Minnesota general partnership, a general partner in The Edina Partnership, a Minnesota general partnership, on behalf of said corporation and said partnerships. Notary Public STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1989, by Henry Hyatt, a general partner of The Edina Partnership, a Minnesota general partnership, on behalf of the partnership. Notary Public STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1989, by Sheldon L. Baskin, a general partner of The Edina Partnership, a Minnesota general partnership, on behalf of the partnership. Notary Public -15- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1989, by Thomas W. LaSalle, a general partner of The Edina Partnership, a Minnesota general partnership, on behalf of the partnership. Notary Public STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of I , 1989, by Daniel N. Epstein, a general partner of The Edina Partnership, a Minnesota general partnership, on behalf of the partnership. Notary Public -16- CONSENT OF EDINBOROUGH CORPORATE EAST LIMITED PARTNERSHIP Edinborough Corporate East Limited Partnership, a Minnesota limited partnership, hereby consents and agrees to all of the provisions of Amendment No. 4 (to Foundation Contract) and Amendment No. 7 (to BRA Contract) between the Housing and Redevelopment Authority of Edina, Minnesota, East Edina Housing Foundation and The Edina Partnership, to which this Consent is attached, and agrees that it has no right to receive payment for the Redeveloper Second Mortgages as provided in paragraph 17 of the Agreement. Dated: , 1989 EDINBOROUGH CORPORATE EAST LIMITED PARTNERSHIP By Edina Office Limited Partnership, a general partner of Edinborough Corporate East Limited Partnership By Partnership Technologies Corporation, a general partner of Edina Office Limited Partnership By. Its By Laukka, Inc., a general partner of Edinborough Corporate East Limited Partnership By Its By P.E. Jarvis, Inc., a general partner of Edinborough Corporate East Limited Partnership By Its -17- STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing consent was acnowledged before me this day of , 19899 by , the of Partnership Technologies Corporation, a Minnesota corporation, a general partner of Edina Office Limited Partnership, a Minnesota limited partnership, a general partner of Edinborough Corporate East Limited Partnership, a Minnesota limited partnership, on behalf of said corporation and said limited partnerships. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing consent was acnowledged before me this day of , 19899 by , the of Laukka, Inc., a Minnesota corporation, as a general partner of Edinborough Corporate East Limited Partnership, a Minnesota limited partnership, on behalf of said corporation and said limited partnership. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing consent was acnowledged before me this day of , 1989, by , the of P. E. Jarvis, Inc., a Minnesota corporation, as a general partner of Edinborough Corporate East Limited Partnership, a Minnesota limited partnership, on behalf of said corporation and said limited partnership. Notary Public -18- CONSENT OF EDINBOROUGH CONDOMINIUM PARTNERSHIP Edinborough Condominium Partnership, a Minnesota general partnership, hereby consents and agrees to all of the provisions of Amendment No. 4 (to Foundation Contract) and Amendment No. 7 (to HRA Contract) between the Housing and Redevelopment Authority of Edina, Minnesota, East Edina Housing Foundation and The Edina Partnership, to which this Consent is attached, and agrees that it has no right to receive payment for the Redeveloper Second Mortgages as provided in paragraph 17 of the Agreement. Also, Edinborough Condominium Partnership specifically agrees to the provisions of paragraph 17 of said Agreement, and agrees to the sale of the Redeveloper Second Mortgages to the Foundation pursuant to said paragraph 17. Dated: , 1989 EDINBOROUGH CONDOMINIUM PARTNERSHIP By Edina Office Limited Partnership, a general partner of Edinborough Condominium Partnership By Partnership Technology Corp., a Minnesota corporation, a general partner of Edina Office Limited Partnership By Its Edinborough Condo Corporation, a general partner of Edinborough Condominium Partnership By Henry Hyatt Its President -19- Laukka, Inc., a general partner of Edinborough Condominium Partnership By Lawrence A. Laukka Its President P. E. Jarvis, Inc., a general partner of Edinborough Condominium Partnership By Peter E. Jarvis Its President TWL, Inc., a general partner of Edinborough Condominium Partnership By Thomas W. LaSalle Its President STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing consent was acknowledged before me this day of , 1989, by , the of Partnership Technology Corp., a Minnesota corporation, a general partner of Edina Office Limited Partnership, a Minnesota limited partnership, a general partner of Edinborough Condominium Partnership, a Minnesota general partnership, on behalf of said corporation and said partnerships. Notary Public -20- STATE OF ) COUNTY OF ) The foregoing consent was acknowledged before me this day of , 1989, by Henry Hyatt, the President of Edinborough Condo Corporation, an Illinois corporation, a general partner of Edinborough Condominium Partnership, a Minnesota general partnership, on behalf of said corporation and said partnership. Notary Public STATE OF ) COUNTY OF ) The foregoing consent was acknowledged before me this day of , 1989, by Lawrence A. Laukka, the President of Laukka, Inc., a Minnesota corporation, a general partner of Edinborough Condominium Partnership, a Minnesota general partnership, on behalf of said corporation and said partnership. Notary Public STATE OF ) COUNTY OF ) The foregoing consent was acknowledged before me this day of , 1989, by Peter E. Jarvis, the President of P. E. Jarvis, Inc., a Minnesota corporation, a general partner of Edinborough Condominium Partnership, a Minnesota general partnership, on behalf of said corporation and said partnership. Notary Public -21- STATE OF COUNTY OF The foregoing consent was acknowledged before me this day of , 1989, by Thomas W. LaSalle, the President of TWL, Inc., a Minnesota corporation, a general partner of Edinborough Condominium Partnership, a Minnesota general partnership, on behalf of said corporation and said partnership. Notary Public -22- CONSENT OF EDINA PARR PLAZA ASSOCIATES LIMITED PARTNERSHIP Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership, hereby consents and agrees to the provisions of the foregoing Amendment No. 4 (To Foundation Contract) and Amendment No. 7 (To HRA Contract) between the Housing and Redevelopment Authority of Edina, Minnesota, East Edina Housing Foundation and The Edina Partnership, to which this Consent is attached, and agrees that it has no right to receive payment for the Redeveloper Second Mortgages as provided in paragraph 17 of the Agreement. Dated: , 1989. EDINA PARR PLAZA ASSOCIATES LIMITED PARTNERSHIP By Partners for Senior Communities, Inc., its general partner By Its STATE OF ) COUNTY OF ) The foregoing consent was acknowledged before me this day of , 1989, by , a of Partners for Senior Communities, Inc., an Illinois corporation, the general partner of Edina Park Plaza Associates Limited Partnership, an Illinois limited partnership, on behalf of said corporation and said partnership. Notary Public -23- EXHIBIT A (Permitted Encumbrances) 1. Beal estate taxes and installments of special assessments payable in 1989 and in subsequent years. 2. Building and zoning laws; federal, State and local laws, ordinances and regulations. 3. The rights and duties set forth in the Settlement Agreement, dated October 19, 1978, and filed in the office of the Hennepin County Recorder on February 5, 1979, as Document No. 4449674. 4. Loss of the right of access to State Highway No. 5 - 100 taken pursuant to Final Certificate Document No. 739387. 5. Basements for public streets, utilities, drainage, highways and roads now existing. 6. The terms, conditions and restrictions of the Southeast Edina Redevelopment Plan approved by the Housing and Redevelopment Authority of Edina, Minnesota, on September 29, 1977, and by the Edina City Council on October 17, 1977, as now or hereafter amended or supplemented. EXHIBIT B Agreement (Covenants Running With the Land) EXHIBIT C (Easement Agreement) EEHIBIT D (HRA Public Improvements) 1. Construction of the public sidewalk, 5 feet wide, from the westerly entrance of Edinborough Park southerly to West 78th Street, and from said westerly entrance westerly to Edinborough Way. The sidewalk shall be constructed in the approximate location marked "Sidewalk" as shown on the drawing attached as page D -2 to this Exhibit, and shall be constructed in substantial compliance with the material provisions of the construction and design specifications used for other public sidewalks in the Edinborough Development. 2. Construction of a sidewalk from the existing westerly entrance to Edinborough Park to the public sidewalks described in paragraph 1 of this Exhibit. The sidewalk shall be constructed in the approximate location shown on the drawing attached as Page D -2 to this Exhibit and shall be constructed in substantial compliance with the material provisions of the construction and design specifications used for other public sidewalks at entrances to Edinborough Park. 3. Construction of the tramway /service drive area in substantially the location shown as "Proposed" on the drawing attached as page D -2 to this Exhibit, from Edinborough Way to approximately the line marked "END OF CONST." on said drawing. The tramway /service area shall be twelve feet wide and shall be constructed in substantial compliance with the material provisions of the construction and design specifications used for the combination tramway /sidewalk now existing along the North side of Edinborough Park and extending Westerly to Edinborough Way, and marked on said drawing as "Existing Walkway /Tramway ". 4. The provisions of Section 5.1(b), 5.1(e), 5.5 and 5.6 Contract shall apply to the HRA Public Improvements to pursuant hereto, except that scheduling, coordination the HRA Public Improvements and of the Hotel shall be contractor for construction of the Hotel. D -1 of the HRA be done and sequence of done by the SL ! •,ems: • Y • • ' r r r � � � � r � iONNESWT D`IRIVVRR'tj � I RR � • f, ry s� • •' 13 t • 6 t� 11' , ,E I� � 11 EXHIBIT G DEED THIS INDENTURE, between the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, Grantor, and , a Grantee. WITNESSETH, that the Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration,'the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns, forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota described as follows, to -wit: Lot 1, Block 1, Edinborough Addition, according to the plat thereof on.file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the Grantee, its successors and assigns, forever. Subject, however, to the Permitted Encumbrances described and referred to in Schedule I attached hereto and hereby made a part hereof. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its Chairman and Assistant Secretary, all as of October 1, 1985. HOUSING AND REDEVEOPMENT AUTHORITY OF EDINA, MINNESOTA By. Its By Its State deed tax due hereon: $ This Instrument Was Drafted By: Mail Tax Statements To: Dorsey & Whitney 2200 First Bank Place Bast Minneapolis, Minnesota 55402 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19891 by and , the and of Housing and Redevelopment Authority of Edina, Minnesota, a Minnesota corporation, on behalf of said corporation. Notary Public SCHEDULE I • to DEED PERMITTED ENCUMBRANCES (To be the same as Exhibit A to the Agreement to which this Exhibit G is attached) �a 24068 EXHIBIT B AGREEMENT (Covenants Running With The Land) THIS AGREEMENT, Made and entere d between the Housing and Redevelopment public body corporate and politic Minnesota, Grantor, and , Grantee. WITNESSETH: into as Authority under the of , 1989, of Edina, Minnesota, a laws of the State of . a WHEREAS, Grantee is now the owner of the tract or parcel of land lying and being in the County of Hennepin, State of Minnesota, described as follows, to -wit: Lot 1, Block 1, Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota (the "Land ") pursuant to a deed from Grantor dated as of the same date as this Agreement; and WHEREAS, Grantor was at the date of such deed, and is now, the fee owner of the tract or parcel of land adjoining the Land, which adjoining tract or parcel of land is described as follows, to -wit: Lot 4, Block 1, Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota (the "Park Site "); and WHEREAS, Grantee will construct upon the Land, pursuant to the Development Agreements (below defined), a hotel, and Grantor has constructed upon the Park Site and adjoining land, pursuant to said Development Agreements, a public park and other public improvements, all of which benefit the Land, the Park Site, other adjoining land, Grantee and the City of Edina; and WHEREAS, the City of Edina also has constructed certain public improvements pursuant to said Development Agreements which benefit the Land, the Park Site, and other adjoining land, as well as the City of Edina itself; and WHEREAS, the City of Edina has issued bonds to finance the purchase of the Land, the Park Site, and adjoining land, and the construction of such public improvements by Grantor, and related costs, all pursuant to said Development Agreements; and WHEREAS, Grantor would not have conveyed the Land to Grantee, and would not have agreed to construct such public park and such other public improvements, and the City of Edina would not have constructed such public improvements or issued such bonds, but for the agreement of Grantee and its predecessors to agree to the provisions of, and to execute and deliver, this Agreement. NOW, THEREFORE, Grantor and Grantee do hereby agree to the following covenants, conditions and provisions: Section 1. Definitions. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for the purposes hereof and shall control over any contrary use set out above in this Agreement: Average Annual Room Rent: The total annual amount of the daily average gross room revenue (whether cash or credit) divided by the number of days in that year during which the Hotel was open for public occupancy. The daily average gross room revenue (whether cash or credit) is the total daily gross room revenue (whether cash or credit) divided by the number of rooms available that day for public occupancy. City: The City of Edina, Minnesota. Development Agreements: The HRA Contract and the East Edina Contract. East Edina Contract: The Land Sale Agreement and Contract for Private Redevelopment dated as of August 1, 1985, between East Edina Housing Foundation and The Edina Partnership, as now or hereafter amended. Grantee: Grantee named in the first paragraph of this Agreement, and any successor or assign which is the owner of the Project from time to time. Grantor: The Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, and any successor or assign which is the owner of the Park Site from time to time. HRA Contract: The Land Sale Agreement and Contract for Private Redevelopment, dated as of August 1, 1985, between Grantor and East Edina Housing Foundation, as now amended and as made applicable to Land and Project by the Hotel Redevelopment Agreement dated as of May 15, 1989, between Grantor, East Edina Housing Foundation and The Edina Partnership. Interest Rate: A rate equal to two (2%) percent per annum in excess of the prime rate as published in the Wall Street Journal from time to time, said interest rate to be adjusted monthly, on the first day of each month for the then next month, based on the prime rate published for the -2- last business day of the then preceding month, computed on the basis of a three hundred sixty (360) day year, but charged for the actual number of days any payment is past due. If the Wall Street Journal, for any reason, should ever cease to publish the prime rate, the interest rate shall be determined by reference to the most nearly comparable index generally available in the financial community, as determined by the person to whom such interest is payable. However, in no event shall the interest rate be in excess of the highest rate then permitted by law. Land: Lot 1, Block 1, Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for Hennepin County, Minnesota. Park: The public park to be constructed upon the Park Site, including all landscaping, recreational facilities and equipment, and other amenities therein or related thereto upon the Park Site. Park Site: Lot 4, Block 1, Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for Hennepin County, Minnesota. Price Index: The "Consumer Price Index for All Urban Consumers" published by the Bureau of Labor Statistics of the United States Department of Labor for Minneapolis -St. Paul, MN. -WI., All Items (1982 -84 =100), or any renamed local index covering the metropolitan Minneapolis area, or any substitute or successor index published by said Bureau of Labor Statistics or any successor agency, appropriately adjusted. o ec : The facilities constituting a suites hotel (as defined in the City zoning ordinance) with approximately 142 units to be constructed on the Land by Grantee pursuant to the Development Agreements, and including surface parking for approximately 186 vehicles, driveways, walkways and landscaping, and other functionally related and subordinate facilities, and including any facilities and improvements additional to those described, which may be constructed upon the Land. Project Area: All land in Edinborough Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for Hennepin County, Minnesota. Redevelopment Plan: The Southeast Edina Redevelopment Plan approved by the Housing and Redevelopment Authority, Edina, on September 29, 1977, approved by the Edina City Council on October 17, 1977, as the same may be now or hereafter amended or supplemented, covering the Project Area and other lands and improvements within the area covered by the Redevelopment Plan. State: The State of Minnesota. -3- Unavoidable Delays: Delays which are the direct result of strikes, shortages of materials, other labor troubles, fire or other casualty, adverse weather conditions, governmental action or inaction, including, without limitation, action or inaction by the City, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, delays in commencement or completion of the Phase I Private Improvements (as defined in the HRA Contract) which directly results in delays in commencement or completion of the Park, or any other cause or event which directly results in delays and is beyond the reasonable control of the party seeking the delay; provided, however, that no delay shall be deemed an Unavoidable Delay unless written notice of the delay and its cause is given by the party claiming the delay to the other party hereto within fifteen (15) days after commencement of the delay. All of the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. The titles and headings of the sections hereof have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this instrument or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 2. Development Agreements. The Land and Project are hereby made subject to the applicable covenants, conditions, restrictions and provisions of the Development Agreements which are incorporated herein by reference as if fully set forth herein. Section 3. Transfer; Construction; Certificate of Completion* Revestina of Title; Insurance and Condemnation. (1) Grantee shall begin and diligently prosecute to completion the Project on the Land, and report to Grantor on the construction progress thereof, pursuant to the provisions of the Development Agreements. (2) Upon completion of the Project pursuant to the provisions of the Development Agreements, and compliance with the provisions of the Development Agreements which relate to the Land and /or Project, Grantor shall deliver to Grantee a Certificate of Completion signed by Grantor and relating to the Land and Project. Such Certificate, once recorded in the same office in Hennepin County, Minnesota as this Deed, shall be a conclusive determination that the Project has been constructed pursuant to the provisions of the Development Agreements. (3) Except as otherwise specifically provided in Articles VIII and I% of the HRA Contract and Article RIV of the East Edina Contract, until such recording of a Certificate of Completion for the Project, Grantee shall not sell, assign, transfer, lease, convey, pledge or hypothecate, by any means or methods, all or any part of, or any interest in, the Land -4- or Project without the prior written approval of Grantor, all as required by, and pursuant to the provisions of, the Development Agreements. (4) If, prior to such recording of the Certificate of Completion referred to in (2) of this Section, an Event of Default, as defined in the East Edina Contract, which relates to the Project, occurs and is not cured, in the manner therein provided, then Grantor may suspend its performance under the Development Agreements, cancel' and rescind the HRA Contract as therein limited, withhold Certificates of Completion, receive and hold insurance proceeds, take other legal, equitable or administrative action, recover monetary damages, cure the default, prevent waste, preserve life or property, and exercise other remedies provided in and pursuant to the Development Agreements, including, without limitation, the right to reenter and take possession of the Land and the Project and terminate the estate and all right, title and interest of Grantee in and to the Land and Project, and revest in Grantor all right, title, estate and interest of Grantee in the Land and Project and all right to possession of any and all thereof, free of any lien of any Mortgage (as defined in the HRA Contract) and other liens, unless, as to such Mortgage, the Holder (as defined in the HRA Contract) undertakes to complete the Project to be constructed on the Land, all pursuant to the provisions of the HRA Contract. (5) Until the delivery of the Certificate of Completion, Grantee shall (i) maintain fire, extended coverage, vandalism and malicious mischief insurance, comprehensive general public liability insurance, and other insurance on the Land and Project, in the amounts, and with Insurance companies, and with loss payable endorsements as required by Section 6.1(a) of the HRA Contract, and the Net Proceeds as defined in the Development Agreements (with other funds of Grantee, if necessary), shall be used to repair, reconstruct and restore the Project pursuant to Section 6.1 of the HRA Contract, and (ii) pay all awards in condemnation, and proceeds of any sale under threat of or in lieu of condemnation, to Grantor to be disbursed as provided and required by Section 6.3 of the HRA Contract. Section 4. Continuing Covenants; Use. Grantee shall, and agrees to, comply with and perform the following covenants of this Section even after the recording of the Certificate of Completion referred to in paragraph (2) of Section 3 hereof: (1) The Land and the Project shall be used only for, and in accordance with, the uses specified in, and in accordance with, the applicable zoning ordinances and the Redevelopment Plan. (2) Fully comply with all applicable federal and state laws, rules and regulations relating to discrimination, in the sale, lease or rental, or in the use or occupancy of, the Land and Project, or any part of either thereof. -5- Section S. Public Maintenance Charge. It is understood and agreed that the Park and public landscaping, open space and amenities upon the Park Site and parking used on or in connection with the Park, shall be a benefit to all of the citizens of the City but shall be especially beneficial, due to the proximity and ease of use and enjoyment, to all owners and occupants of the Land and Project; that the benefits of the Park and such public landscaping, open space, parking and amenities can best be sustained and fully realized if they are kept in good condition and state of repair; that the owners of the Land and Project should, therefore, help pay the costs of maintaining, operating, repairing, replacing and reconstructing the Park and such public landscaping, parking, open space and amenities upon or used or in connection with the Park Site, such payments to be made to the owner, from time to time, of the Park Site. Therefore, it is agreed as follows: (1) The owners, from time to time, of all or any part of the Land and Project shall be subject, in perpetuity, subject, however, to the limitations set out in this Agreement, to an annual fee (the "Public Maintenance Charge "), which shall be payable in equal monthly installments, in advance, by the fifth day of each calendar month, for purposes of defraying the expenses of maintenance, operation, repair, reconstruction, replacement, insurance, taxes, assessments and replacement reserves for, of and on the Park, public open space, public landscaping and other public amenities and improvements now or hereafter located within or on the Park Site and for parking now or hereafter on or used (whether exclusively or jointly with others) for. the Park Site, including, without limitation, any public parking areas or facilities now or hereafter on the Land. Such Public Maintenance Charge for the Land and Project shall be first payable by the fifth day of the third full calendar month after the date of the Certificate of Completion for the Project. The Public Maintenance Charge shall be payable at a base rate of Two Thousand One Hundred Thirty Dollars ($2,130) per month based on 142 hotel units times $15.00 per month. (2) No reduction of the number of units, whenever occurring or however caused, shall operate to decrease the monthly Public Maintenance Charge. below the base rate above set (except, however, if due to condemnation as provided in paragraph (7) of this Section 5). The above monthly payment shall be increased (but not decreased) annually. The first adjustment shall be made on the third anniversary of the first day of the first month in which the base rate monthly payment is payable pursuant hereto, and subsequent annual adjustments (based, for each adjustment, on the base rate) shall be made on each anniversary date of the first adjustment, by a percentage equal to the lesser of (x) the percentage increase, if any, in the Price Index published for the month prior to the month in which such adjustment is to be made over the Price Index published for the month in which such first monthly payment was payable pursuant hereto, and (y) the percentage increase, if any, in the Average Annual Room Rent during the 12 -month period ending at the end of the month prior to the month in which such adjustment is to be made. If QI! no Price Index is published for the appropriate month, or if monthly publications are not then made, the Price Index published for the month, or for the period, which is prior to and ends closest to the appropriate month, as above specified, shall be used. If, for any annual adjustment, the increase, if any, in the Public Maintenance Charge cannot be calculated for lack of a Price Index, or due to lack of agreement between Grantor and Grantee on the increase in the Annual Average Room Rent for the applicable period, the then prior monthly payment shall continue to be paid and an appropriate adjustment, retroactive to the beginning of the applicable anniversary period, shall be made when the increase, if any, can be calculated through the use of the Price Index, or through agreement as to the increase in the Average Annual Room. Rent, or through final judgment or settlement in any action, and any unpaid or Increase shall be payable within thirty (30) days after notice of such Increase is given by the owner of the Park Site. If the index base for the Price Index is changed, the new index base shall be used to calculate the adjustment in the Public Maintenance Charge, but the use of the new index shall be phased in in such manner that no reduction in the Public Maintenance Charge, or reduction in the increases therein, that would have resulted from use of the prior index base, results from use of such new index base or its phasing in. No adjustment or recomputations retroactive or otherwise, shall be made due to any revisions which may later be made in the first published figures of the Price Indices used to calculate any annual adjustment. The Public Maintenance Charge shall be paid to the owner, from time to time, of the Park Site. Only one payment per calendar month shall be made for the Land and Project. It shall be the obligation of the owner of the Land and Project to collect from its tenants and occupants any part of the Public Maintenance Charge which may be payable by them, and to remit such funds to the owner of the Park Site. (3) In the event the Park shall be totally or partially destroyed, demolished, damaged or become totally or partially unuseable as and for a public park, or cease to be available for public use in whole or part, for whatever reason, and shall not be reconstructed, restored or repaired to as nearly as possible the condition it was in prior to such destruction, demolition or damage, or shall not again be made useable as and for a public park, and available for public use, within ninety (90) days thereafter, subject, however, to Unavoidable Delays, then the Public Maintenance Charge shall be reduced from and after the end of said ninety (90) day period, plus the additional time, if any, resulting from Unavoidable Delays, by an amount reasonably determined by the then owner of the Park Site based upon the extent to which the Park is then unuseable as and for a public park, and such reduction shall continue until the Park is reconstructed, restored or repaired, to as nearly as possible the condition it was in prior to such destruction, demolition or damage, and is again made useable as and for a public park, and available for public use; provided, however, that the owner of the Park Site may increase the reduced Public Maintenance Charge as reconstruction, restoration and repair progresses based upon the extent to which the Park is useable, but not in excess of the amounts determined in accordance -7- with paragraphs (1) and (2) of this Section 5. The Park shall be deemed reconstructed or restored to as nearly as possible the condition it was in prior to any destruction, demolition or unuseable state, even if reconstructed or restored without a roof or canopy, or without any connection by a roof, canopy or wall, to the Project or to any of the other buildings adjoining the Park Site. However, if the Park is demolished, destroyed or damaged and is not restored or repaired with a roof or canopy, then the Public Maintenance Charge shall be equitably adjusted, effective as of the date the decision is made by the then owner of the Park not to restore or repair with such roof or canopy. (4) Any amounts to be paid by the owner of the Land and Project which become delinquent, with interest thereon at the Interest Rate from the date payable, shall be a lien from and after the date due upon the Land and Project. To evidence such lien, the then owner of the Park Site shall prepare a written notice ( "Lien Notice ") setting forth: (1) the amount owing; (ii) the legal description of the Land; (iii) reference to this Agreement as the source and authority for such lien. The Lien Notice shall be signed and acknowledged by the then owner of the Park Site and shall be recorded in the appropriate records of Hennepin County, Minnesota, and, if necessary, the State of Minnesota. A copy of such Lien Notice shall be mailed to Grantee within thirty (30) days after such recording, but failure to mail such notice to Grantee shall not adversely affect such lien or the enforcement thereof. Any such lien with interest on the unpaid amount thereof from and after the date such moneys were payable until paid at the Interest Rate may be enforced by judicial foreclosure upon the Land and Project in like manner as a mortgage on real property is judicially foreclosed under the laws of the State of Minnesota. In any foreclosure, Grantee shall be required to pay the costs, expenses and reasonable attorneys' fees in connection with the preparation and filing of the Lien Notice as provided herein, and all costs, expenses and reasonable attorneys' fees in connection with the foreclosure. Any additional amounts owing under this Easement Agreement which are unpaid and become delinquent during a foreclosure proceeding may be added as a claim in the foreclosure proceeding by amendment of the complaint in foreclosure. The then owner of the Park Site shall have the right to bid on the property sold pursuant to the foreclosure proceeding, and, in part payment thereof, may set off the amount determined by such proceeding to be due to the then owner of the Park Site, with interest and costs, if any. Any lien which becomes effective pursuant to this Section prior to termination of this Agreement shall survive and continue as a lien even after termination of this Agreement. In addition to lien foreclosure as aforesaid, the then owner of the Park Site may recover such delinquent amounts, plus accrued interest, as above stated, and -8- costs of collecting the same, including attorneys' fees, and whether suit be.brought or not, with interest on such costs of collection at the same rate as on such delinquencies, by civil suit against Grantee or any guarantor pursuant to Sections 5 or 6 hereof. Also, the owner of the Park Site may include delinquent amounts, plus accrued interest, as above stated, as a special assessment against the Land and Project as any other special assessment made pursuant to Minnesota Statutes, Chapter 429, or other applicable statute or ordinance, as hereafter amended and supplemented, but payable in one or such additional installments as the owner of the Park Site shall determine, and Grantee, for itself and its heirs, representatives, successors and assigns, shall, and hereby does, expressly waive all objections, defenses, petitions and appeals pertaining to the process or amount of any such assessment, except, however, the right to object to the amount of any assessment in excess of the amount, with interest, due under this Agreement. Also, the right of Grantee and any guests, tenants or employees of Grantee, or guests, tenants or employees of such tenant, to use the Park may be terminated or suspended by Grantor during such delinquency. Also, Grantor may exercise, in the event of such delinquency, any or all other remedies available to the then owner of the Park Site under this Agreement. (5) Grantee first named herein shall be personally liable for payment, and shall and hereby does guarantee payment, of the Public Maintenance Charge and of any amounts due from Grantee pursuant to paragraph (19) of this Section, and guarantees to the owner of the Park Site the prompt payment, when due, of each monthly installment of the Public Maintenance Charge and of any amounts due from Grantee pursuant to paragraph (19) of this Section, and agrees that such owner can collect any delinquent payments, and interest thereon, directly from Grantee first named herein without first exercising any remedies to collect from any security, or any other person or source, and Grantee shall also pay all costs of collecting said amounts and interest from Grantee (including, without limitation, reasonable attorneys' fees), with interest on such collection costs at the same rate as on the delinquencies. Grantee also agrees that the terms and conditions of this Agreement may, be altered, extended, changed, modified or released by Grantor without in any manner affecting this guaranty or releasing Grantee herefrom, and without further consent of a notice to Grantee, and Grantee shall continue liable hereunder to pay and perform pursuant hereto as so altered, extended, changed or modified, and notwithstanding any such release. Also, Grantee shall not be released by reason of any forbearance or delay of Grantor, or failure of Grantor, to proceed promptly or otherwise to exercise any remedies of Grantor. Grantee hereby waives presentment, demand, protest, notice of protest and of dishonor, notice of acceptance of this guaranty, notices of default and all other notices now or hereafter provided by law. The personal liability and guaranty of Grantee first named herein shall continue until they are released pursuant to the provisions of paragraph (6) of this Section 5. (6) Grantee first named herein shall be deemed released from its separate liability and guaranty given pursuant to paragraph (5) of this -9- Section 5, and subsequent guarantors under guaranties received pursuant to this paragraph (6) shall be deemed released from the guaranty given pursuant to this paragraph (6), upon: (A) the transfer of record of all of its interest, both legal and equitable, in the Land and Project, to the extent of such transfer; (B) receipt of a new separate guaranty or written assumption from such transferee equal in extent and obligation to the guaranty of the transferor; and (C) approval of such transferee by Grantor. The approval by Grantor of such transferee shall be based upon the creditworthiness of the transferee. Such release shall be only as to payments of the Public Maintenance Charge becoming due after the occurrence of the last of (A), (B) and (C) above, but such liability shall continue as to all payments due prior thereto. (7) No abandonment of the Land or Project shall relieve Grantee from its obligation to pay the Public Maintenance Charge pursuant hereto, or any amounts owing under paragraph (19) of this Section. Also, damage, destruction or condemnation (or sale in lieu of condemnation) of less than all of the Land or Project shall not cause a waiver, abatement, release or diminution of the Public Maintenance Charge, except as below provided in this paragraph, and failure to pay the same, in addition to the remedies available to the then owner of the Park Site as herein provided, shall allow Grantor to exercise, with regard to Grantee, any or all remedies available to it at law or in equity, including, without limitation, the remedies set out in this Agreement and in Section 10.2 of the HRA Contract; provided, however, that if due to condemnation (or sale in lieu of condemnation), the hotel units are reduced, then the hotel units remaining after restoration or new construction shall be used to determine the Public Maintenance Charge, effective as of the date a final, unconditional certificate of occupancy for the whole of the restored or new construction is issued by the City Building Official; and provided also, however, that if following damage or destruction the Project is rebuilt, or other improvements are constructed on the Land, Grantor and Grantee may agree, in writing, upon a different method to determine the Public Maintenance Charge, effective as of the date a final, unconditional certificate of occupancy for the whole of the rebuilt Project or new improvements is issued by the City Building Official. However, until such agreement is made in writing and such Certificate of Occupancy is issued, the Public Maintenance Charge payable prior to such condemnation (or sale in lieu thereof), damage or destruction, shall continue to be paid pursuant to this Agreement without reduction. In the event of a change in the Public Maintenance Charge due to the operation of this paragraph, the then owner of the Park Site and -10- the then owner of the Land shall sign a supplement to this Agreement reciting the changed Public Maintenance Charge and its effective date, and the supplement shall be recorded or filed in the same office in which this Agreement is recorded or filed, at the cost of the Land owner. However, the provisions of this paragraph shall apply even if such supplement is not signed or recorded. (8) The then owner of the Park Site shall have-a right to a portion of any condemnation award or proceeds of any sale made by reason of, or under threat of, a condemnation, or made in lieu of condemnation, of the Land and Project, or any portions thereof, equal to the annual Public Maintenance Charge then payable by the Land and Project, times seven (7); provided, however, if the condemnor is also the then owner of the Park Site, or is the City or Grantor, no part of the award, or sale proceeds, shall be paid to or belong to such Park Site owner; provided, further, however, that no part of the award, or sale proceeds, shall be paid to or belong to such Park Site owner if the condemnation, or sale in lieu of condemnation, is temporary only or of a portion only of the Land and Project and the Public Maintenance Charge is not thereby subject to reduction. (9) The moneys paid as a Public Maintenance Charge shall be used only for the purposes set out in this Section 5, and shall belong to the owner of the Park Site even if in excess of any actual need, and none thereof shall be claimed by or repaid to any person making any payment thereof. (10) The owner and /or operator of the Park shall have the right to charge user fees to such persons, for such uses and in such amounts, as such owner and /or operator from time to time shall determine, and no objection to such fees shall be made based on the fact that the Public Maintenance Charge is also being paid. However, no user fees shall be charged to paying guests of the Project for use of any running track or pool in the Park, but user fees for use of any running track and pool may be charged during any period that the Public Maintenance Charge is delinquent for any reason or cause whatsoever, and if Grantor does not pay the Public Maintenance Charge in full when due, then user fees may be charged to all such guests until the delinquency is made current. Provided, if such Public Maintenance Charge shall ever cease to be paid by or for the Project, then the restriction on charging user fees as set out in the immediately preceding sentence shall, at the same time, also cease. (11) The owner of the Park or Park Site may promulgate and adopt, from time to time, rules and regulations for use of the Park and any parking or amenities thereon or used therewith, and Grantee, and all occupiers of the 'Project or Land, and all employees, agents and representatives of said Grantee, and such occupiers shall be bound thereby and be subject thereto, and no objection to any thereof shall be made based on the fact that a Public Maintenance Charge is being paid. 1 11- (12) The owner of the Park or Park Site may close the Park, or parts thereof, to public use from time to time to allow private functions to use temporarily such closed Park, or parts thereof, to the exclusion of the public, and no objection to such private use shall be made by Grantee or any occupier of the Land or Project based on the fact that a Public Maintenance Charge is being paid. (13) It is agreed that neither the City, Grantor, nor any other owner of the Park or Park Site shall have any duty or obligation of any kind to Grantee, or any person paying any Public Maintenance Charge, or to any other person, to maintain or retain the Park or the Park Site, or operate the Park as a public park, or to maintain the Park or Park Site to any specific or general standard or standards, or to keep or maintain the roof or canopy in the Park (which may be removed at any time at the discretion of the then owner of the Park without liability or obligation to any person or party), or to maintain or retain the Park and /or Park Site in public ownership, or to conduct or not conduct any specific activities in the Park, and no claim or demand of any kind (other than a claim for reduction or termination of the Public Maintenance Charge pursuant to paragraph (3) of this Section 5) shall be made based upon the failure or refusal of any person to maintain, retain or operate the Park or Park Site, or as a public park, or to any standard, or to keep or maintain the roof or canopy on or walls of the Park (which may be removed at any time at the discretion of the then owner of the Park without liability or obligation to any person or party), or to retain the Park and /or Park Site in public ownership, or to conduct or not conduct any specific activities in the Park, or because any activities are or are not conducted or allowed in the Park. It is further agreed that if the Park ever ceases to be operated as and for a public park, or if the then owner of the Park decides not to restore the roof or canopy or walls pursuant to this Agreement, then the owner of the Park Site, or the then owner of the Land, may remove the connections of the roof or canopy on or walls of the Park Site, to the Project, at the cost and expense of the party doing such removing, and the then owners of the Park Site and Project shall have an easement to enter upon the Park Site and the Land for the purpose of such removal, all pursuant to the Easement Agreement, dated of even date herewith between Grantor and Grantee, and recorded or to be recorded in the office of the Registrar of Titles, Hennepin County, Minnesota. (14) The provisions of this Section 5 may be amended, from time to time, by an agreement, in writing, signed by the then owner of the Park Site and by at least seventy -five (75%) percent of all of the then owners of the platted lots in the Project Area, except the Park Site, whose lots in the Project Area are then subject to an agreement similar to this Agreement, imposing upon such owners and /or their owned lots, the obligation to pay a fee to the owner of the Park Site designated in the agreement as a Public Maintenance Charge. For purposes of this paragraph (14), there shall be deemed to be only one owner for each of Lots 1, 2, 3 and 4. Block 1, in said plat of Edinborough, and there shall be deemed to be only one owner for each of Lots 5 through 11, inclusive, Block 1, said -12- plat of Edinborough, which is, or for each group of said lots which are, included within a separate association of owners of condominium units created pursuant to Minnesota Statutes, Chapter 515A, as amended or supplemented. However, if, in fact, there is more than one owner of any such Lots 1, 20 3 and 4, or of said Lots 5 through 11, they shall decide among themselves as to the amendment, but all shall act together in signing the amendment agreement. If any of such Lots 1, 2, 3 and 4, or if any of such Lots 5 through 11, are then subject to the provisions of Minnesota Statutes, Chapter 515A, as then amended or supplemented (the "Condominium Act "), the association or associations of condominium owners, and not the individual unit owners themselves, shall decide as to any amendment, and the act of the directors and officers of each such association shall control and be binding upon the members thereof. (15) Upon written request of Grantor or any owner of the Land and Project, the owner of the Park Site shall send to the requesting party a statement of delinquencies in the payments of Public Maintenance Charges then to have been remitted by the requesting party pursuant hereto, or a statement that no such delinquencies exist. (16) It is understood and agreed that Grantor and the City reserve and shall. yet have the right to assess and charge the costs of constructing, improving and maintaining the Park and public open space, public landscaping and other public amenities and improvements now or hereafter located within or on the Park Site and for parking now or hereafter on or used (whether exclusive or jointly with others) in connection with the Park Site, to benefitted properties, including, without limitation, all or any part of the Project Area and the Improvements now or hereafter located thereon, all pursuant to then applicable statutes, ordinances and regulations, whether or not the Public Maintenance Charge is then in effect, in whole or in part, as to all or any part of the Project Area. Such right to assess or charge such costs is in addition to, and not in substitution for, the Public Maintenance Charge made pursuant to this Agreement. (17) The obligation hereunder of Grantee to pay the Public Maintenance Charge, and interest thereon, and other moneys pursuant hereto, is and shall be absolute and unconditional, and no setoff, counterclaim, reduction or diminution of or against any such obligation shall be made or available for any reason or cause whatsoever, except as otherwise specifically provided in this Agreement. (18) References herein to Project shall mean the facilities and property defined as such herein even if then converted to condominium form of ownership. (19) For the purpose of determining the percentage increase, if any, in the Average Annual Room Rent during any applicable 12 -month period as -13- provided in paragraph (2) of this Section, the Grantee shall cause an examination to be made of the books and records as soon as possible after the end of each 12 -month period referred to in said paragraph 2 at the end of which an adjustment is to be made. Such examination shall be by an independent certified public accountant (the "CPA") reasonably acceptable to the Grantor. Upon completion of such examination, the CPA shall certify, in writing, the amount of such increase, if any, to the Grantor, with such additional supporting information as the Grantor may, from time to time, request. Such certification also shall be signed by an officer of Grantee. Such certification shall certify to the Grantor that the information contained therein is true, correct and complete. The Grantor may, at any time and from time to time, by itself, or its agents or representatives, inspect, copy and examine the books and records of Grantee to determine the accuracy of any such certification. For the purpose of such inspection, copying and examination by Grantor, its agents or representaives, Grantee shall keep and maintain accurate and complete books and records of all information necessary for the purpose of determining Annual Average Room Rent according to generally accepted accounting principles for hotels such as the Project. Such books and records shall be kept at the Project or such other place in the Minneapolis -St. Paul metropolitan area of which notice shall be given to Grantor. Grantor, and its agents and representatives, shall have full and complete access to such books and records at such times as Grantor deems necessary or desirable to determine the accuracy of any such certification and to determine the Average Annual Room Rent for any period, .and, Grantor and its agents and representatives may examine and copy such books and records, or such parts thereof, as they determine. Grantee shall assist and cooperate with Grantor in connection with the examination, copying and interpretation of such books and records. If the Grantor determines, based on its inspection and examination of such books and records that any increase in the Average Annual Room Rent is understated by Grantee by 1/8 of 1% or more, the cost of such inspection and examination shall be paid by Grantee, but otherwise shall be paid by Grantor. Payments to be made under this paragraph by Grantee shall be paid on demand and shall bear interest at the Interest Rate from the date of demand until paid and Grantor shall have the same remedies if not paid on demand as it does for nonpayment of the Public Maintenance Charge. Grantee understands and agrees that such books and records, or information therefrom, that comes into the possession of Grantor may be public records and available for public inspection, use and copying, and Grantor shall have no liabilities or obligations to Grantee, or any person claiming through or under Grantee, for any of such books and records, or information therefrom, which are disclosed to the public. However, subject to the foregoing, and as requested by Grantee, Grantor agrees to claim that such books and records, and information therefrom, is trade secret information under Minnesota Statutes, Chapter 13.37, and, therefore, is nonpublic data and confidential information. However, the Grantor shall have no obligation to support or defend such claim or expend any monies to support or defend such claim, but Grantee may do so for and in the place of Grantor, and at the cost and expense of Grantee. -14- Section 6. Reasonable Benefits. Grantor and Grantee recognize that although the covenants of this Agreement may burden Grantee's fee title to the Land and Project, nonetheless the assistance given to Grantee in connection with construction of the Project, and the location and existence of the Park Site and the improvements thereon, constitute a significant social and financial benefit to Grantee far surpassing the benefit to Grantor or Grantee of leaving the Land and /or Park Site vacant and unimproved. Therefore, Grantor and Grantee specifically state that the burden upon Grantee and Grantee's fee title to the Land is reasonable, acceptable and not unconscionable or against public policy in any way, given the other benefits to both Grantor and Grantee, and their respective successors and assigns. Section 7. Enforcement; Remedies; Liability Limitation. (1) In amplification, and not in restriction, of the provisions of the preceding Section, it is intended and agreed that Grantor, its successors and assigns, shall be deemed beneficiaries of the agreements and covenants provided in this Agreement, both for and in their own right, and also for the purposes of protecting the interest of the City and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided without regard to whether Grantor has at any time been, remains or is an owner of any land or interest to which, or in favor of which, such agreements and covenants relate. Also Grantor, its successors and assigns, shall have the right, in the event of any breach of any of the agreements or covenants in this Agreement, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings, to abate, prevent or enjoin such breach, or to specifically enforce such covenants or agreements, or to take whatever action is required to cure the breach, including, without limitation, payments to others, or performance on behalf of Grantee, or to recover monetary damages caused by such breach, and the breaching party shall pay all costs of such actions, suits or proceedings, including reasonable attorneys' and witness fees. No delay in enforcing the provisions of this Agreement shall impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or any similar breach at any later time or times. Grantee hereby acknowledges that an action to recover monetary damages caused by a violation or attempted violation of any of the agreements or covenants in this Agreement (except those requiring only the payment of money) will not be an adequate remedy at law, and that Grantor shall have the right to seek and obtain specific performance to remedy such violation or attempted violation. The provisions of this paragraph are subject to the provisions of paragraph (2) of this Section. (2) Anything in this Agreement to the contrary notwithstanding, it is agreed that Grantor, and the future owners of the Park Site, are hereby designated the sole and exclusive representatives of any and all persons and /or entities benefitted by the covenants and agreements of -15- this Agreement insofar as the enforcement of payment and collection of the Public Maintenance Charge is concerned, and Grantor, and future owners of the Park Site, shall enforce such payment and collection acting by itself or themselves, together or separately, and no other benefitted party shall act, in any way or by any means, to enforce such payment or collection. (3) The liability and obligations under Section 5 hereof of each owner of all or any part of the Land and Project shall commence when such owner becomes a legal or equitable owner (by contract for deed or otherwise) of record of all or any part of the Land or Project, and shall cease on the date such owner is divested of record, voluntarily or involuntarily, of all legal and equitable title and interest in and to the Land and Project; provided, that the liability of the guarantors under the guaranties given by paragraphs (5) and (6) of Section 5 hereof shall continue until released as therein provided. For purposes hereof, a foreclosing mortgagee shall be deemed to be an owner of record upon expiration of the period of redemption from a valid foreclosure. (4) If, at any time, there is more than one owner of the Land or Project, or more than one Grantor or Grantee, their obligations hereunder shall be joint and several. Section 8. Covenants Running With the Land; Duration. (1) It is expressly intended and agreed by Grantor and Grantee that each of the agreements and covenants in this Agreement shall be construed to be, deemed, and are hereby declared to be, covenants running with the Land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, Grantor, its successors and assigns, against Grantee, its successors and assigns, and every successor in interest to the Land or Project, or any part of either thereof, and any interest in either thereof, and any party in possession or occupancy of the Land or Project, or any part of either thereof. Each and every transferee in any contract, lease, conveyance or other instrument. hereafter executed covering or conveying all or any part of the Land or Project, shall conclusively be held to have acquired such interest subject to the covenants and agreements of this Agreement, regardless of whether or not such covenants and agreements are set forth or referred to in such document,'or specifically agreed to by such transferee. (2) The covenants and provisions of this Agreement shall run with the Land and survive the delivery of said Certificate of Completion, and shall continue for the longest period allowed, from time to time, by applicable Minnesota Statutes, and at the end of such period shall be automatically renewed and extended for successive periods of thirty (30) years each, unless by an agreement, in writing, signed by not less than -16- ninety -five (95%) percent of all of the then owners of all property (including owners of individual residential units) in the Project Area and with the written consent thereon of the then owner of the Park Site it is agreed to terminate the covenants and provisions of this Agreement in whole or in part. Also, Grantee, for itself, its successors and assigns, hereby waives and releases any claims it or they may have or claim to have, to contest, challenge, or terminate the provisions of this Agreement based solely on the passage of time. The' foregoing provisions of this paragraph shall not apply to Section 3 or Section 11 hereof, the provisions of which shall terminate as therein provided. Section 9. Governing Law. This instrument shall be governed by the laws of the State of Minnesota. Section 10. Notices. Any notice required to be given to Grantor or Grantee shall be given in writing by first -class or certified mail at the address of such party specified below, or at such other address, or to such other person, as may be specified by that party by notice so given to the other party: ° Grantor: Executive Director, Edina HRA 4801 West 50th Street Edina, Minnesota 55424 Grantee: All notices so addressed and sent by first -class or certified mail shall be deemed given when deposited in the United States mail with postage prepaid; provided, however, that notices of a change of address or a change of person shall not be effective unless actually received by the person to whom the notice is given, and for purposes of this sentence, the return receipt of any notice sent as above provided with return receipt requested shall be conclusive proof of the actual receipt of such notice. Section 11. Option to Repurchase. If, for any reason (including Unavoidable Delays), Grantee does not commence construction (as defined in paragraph 12 of the Hotel Redevelopment Agreement dated as of May 15, 1989, between Grantor, East Edina Housing Foundation and The Edina Partnership) of the Project within 60 days of the date of the deed by which Grantor conveyed the Land to Grantee, then Grantor shall have, and is hereby granted, the right and option to repurchase the Land and Project and all personal property then on the Land owned by Grantee or in which Grantee has an interest and used or useable in connection with the ownership, maintenance, construction or use of the Land or Project (the "Personal Property "), on the following terms and conditions (it is agreed that references in this Section 11 to "this Agreement" shall mean and refer only to the option provisions of this Section 11): -17- (1) Exercise. Grantor shall exercise such option by notice to Grantee given at any time after the end of said 60 -day period and prior to actual commencement of construction of the Project. (2) Purchase Price. The purchase price for the Land and Project shall be Nine Hundred Sixty -Seven Thousand Eighty and No /100 Dollars ($967,080.00), plus the amount of any special assessments (beginning with Installments of special assessments payable in 1989 and subsequent years) against said Lot 1 paid by Grantee as of the Closing Date. The purchase price shall be paid in cash, or by Grantor's check, on the Closing Date. (3) Closing Date. The Closing Date shall be the later of (i) sixty (60) days after the date notice of exercise of this option is given by Grantor, and (it) ten (10) days after any objections to title duly made by Grantor are cured and removed by Grantee as herein provided. (4) Title. Within a reasonable time after exercise of this option by Grantor, Grantee shall obtain for Grantor a commitment for an owner's policy of title insurance covering the Land and Project from a title insurance company ( "Title ") authorized to do business in Minnesota and reasonable acceptable to Grantee. Grantor shall have ten (10) days after actual receipt thereof to examine such commitment and to make any objections to the marketability of the title to the Land or Project. Grantor shall give notice to Grantee of any objections within said ten (10) day period, and any objections notice of which is not so given shall be deemed waived. Grantee shall be allowed sixty (60) days to cure any title objections. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice, the parties shall perform this Agreement according to its terms. For purposes of this Agreement, the following encumbrances ( "Permitted Encumbrances ") shall not be deemed to be objections to title: (I) All encumbrances in the deed from Grantor conveying the Land to Grantee; (ii) The Agreement (Covenants Running With The Land) of which this option is a part; (iii) The Basement Agreement of even date herewith relating to the Land and adjoining land; (iv) Any installments of special assessments not delinquent; (v) Real estate taxes payable in the year following the year in which falls the Closing Date. If said Commitment is not acceptable and is not so made within sixty (60) days from the date of written objection thereto as above provided, Grantee shall have the option of: -18- (x) Declaring this Agreement null and void; or (y) Withholding from the purchase price a sum which, In the reasonable judgment of Title, is sufficient to insure correction of title or satisfaction of liens or encumbrances. Any sum so withheld and not disbursed at closing shall be placed in escrow with Title pending correction of title. In the event that the title defects are not corrected within ninety (90) days after the establishment of said escrow, Grantor may thereafter correct any of said defects in title and charge all costs in connection therewith, including reasonable attorneys' fees, against the amount so escrowed. In the event that such escrow is established, the parties hereto agree to execute such documents as may be reasonably required by Title; or (z) Waiving any defect in title, and, in such event, proceeding to close the transaction contemplated by this Agreement. On the Closing Date, each party shall deliver to Title those documents required of it and necessary to allow Title to issue. to the Owner's Policy of Title Insurance in accordance with the Commitment as corrected. (5) Representations and Warranties by Grantee. Grantee represents and warrants to Grantor that: (I) It has all requisite power and authority to execute this Agreement and the closing documents referred to herein to be executed by it. (ii) On the Closing Date, Grantee will own all of the properties and assets being conveyed hereby, free and clear of all liens, charges and encumbrances, except Permitted Encumbrances. (iii) On the Closing Date, there will be no management agents or other personnel employed in connection with the operation or leasing of the Land, Project or Personal Property, or any part thereof. (iv) Grantee will cause all policies of insurance covering the Land, Project or Personal Property, with respect to fire and extended coverage risks, business interruption, rent loss and liability to be kept in full force and effect through and including the Closing Date. -19- (v) On the Closing Date, there will be no service contracts in effect in connection with the Land, Project or Personal Property, except those which are terminable on thirty (30) days' written notice. (vi) To the best of Grantee's knowledge, without making inquiry, Grantee has complied with all statutes and ordinances regulating sale and use of * the Land, Project and Personal Property, and the conveyance"of the Land and Project will include all rights necessary to insure compliance with governmental regulations. (vii) To the best of Grantee's knowledge after due inquiry, no toxic or hazardous substances (including, without limitation, asbestos, urea form formaldehyde, the group of organic compounds known as polychlorinated biphenyls, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ( "CERCLA"), 42 U.S.C. § 9601 -9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise deposited in or located on the Land or Project, including without limitation, the surface and subsurface waters of the Land or Project during the period of Grantee's ownership or possession, nor has any activity been undertaken on the Land or Project during the period of Grantee's ownership or possession, which would cause (i) the Land or Project to become a hazardous waste treatment, storage or disposal facility within the meaning of, or otherwise bring the Land or Project within the ambit of, the Resource Conversion and Recovery Act of 1976 ( "RCRA"), 42 U.S.C. § 6901 et sea., or any similar state law or local ordinance or any other Environmental Law, (ii) a release or threatened release of hazardous waste from the Land or Project within the meaning of, or otherwise bring the Land or Project within the ambit of, CERCLA, or any similar state law or local ordinance or any other Environmental Law or (iii) the discharge of pollutants or effluents into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 gt sea., or the Clean Air Act, 42 U.S.C. § 7401 et sea., or any similar state law or local ordinance or any other Environmental Law. To the best of Grantee's knowledge after due inquiry, there are no substances or conditions in or on the Land or Project which may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental -20- statutes, regulations, ordinances or other environmental regulatory requirements. To the best of Grantee's knowledge after due inquiry, no underground deposits which cause hazardous wastes or underground storage tanks are located on the Land or Project. Grantee has made "due inquiry" pursuant hereto only in those circumstances where Grantee had either been notified of or formed a belief that circumstances existed or are likely to exist on any portions of the Land or Project which would cause a violation of this representation. (viii) Grantee has not entered into any other contracts for the sale of the Lot or Project, nor as of the Closing Date will there be any first rights of refusal or options to purchase the Lot or Project. (ix) Grantee has not entered into any commitments or agreements with any governmental agency or public or private utility affecting the Lot or Project which have not been disclosed in writing by Grantee to Grantor. (x) To the best of Grantee's knowledge, Grantee is not in default with respect to any of its obligations or liabilities pertaining to the Land or Project. (xi) The individuals executing this Agreement and the documents referred to herein on behalf of Grantee have the legal power, right and actual authority to bind Grantee to the terms and conditions hereof and thereof. This Agreement and all documents required hereby to be executed by Grantee are, and shall be, valid, legally binding obligations of and enforceable against Grantee in accordance with their terms. (xii) Grantee is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. Notwithstanding any provision herein to the contrary, if a closing occurs hereunder, Grantee shall indemnify Grantor, its successors and assigns, against, and shall hold Grantor, its successors and assigns, harmless from, any loss, cost, expense or damage, including reasonable attorneys' fees, directly arising out of or resulting from the breach of any of the representations and warranties herein contained, whether such loss, cost, expense or damage arises prior to or after closing, provided that Grantor did not have knowledge of said breach on or before the Closing Date. All warranties and representations herein contained shall be deemed made and -21- shall be. true and correct on the date of exercise of this option by Grantor and shall be deemed made and shall be true and correct on the Closing Date, and shall survive a closing. (6) Closing Documents and Place. On the Closing Date, Grantee shall execute and deliver to Grantor, or cause to be executed and delivered to Grantor, the following in exchange for the purchase price to be paid by Grantor: (i) A Limited Warranty Deed conveying the Lot and Project to Grantor, free and clear of all liens, charges and encumbrances except Permitted Encumbrances (as that term is herein defined); (ii) A Limited Warranty Bill of Sale transferring any Personal Property to Grantor, free and clear of all liens, charges and encumbrances except Permitted Encumbrances; (iii) Copies of all maps, surveys, soil tests, environmental tests, and similar drawings or lists relating to the Lot or Project, to the extent such items are in Grantee's possession or controlled by Grantee; (iv) An affidavit indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Grantee, or unrecorded interests or possible mechanics' or materialmen's liens involving the Land, Project or Personal Property; (v) An assignment, without warranty, in form and substance reasonably acceptable to .Grantor, of any and all service, maintenance and other conracts relating to the Land or Project which survive a closing hereunder, and any and all permits and licenses applicable to ownership or operation of the Land or Project, together with original copies thereof or copies thereof certified to be true and correct to the best of Grantee's knowledge, to the extent the same are in Grantee's possession; (vi) A FIRTPA certificate duly executed by Grantee confirming that Grantee is not a "foreign entity "; (vii) All owner's duplicate certificates of title; and (viii) Articles of Incorporation, Certificate of Good Standing, bylaws and corporate resolutions of Grantee authorizing the transactions contemplated hereunder -22- together with an opinion of Grantee's counsel to the effect that this Agreement and all documents given in connection herewith have been validly authorized, executed and delivered and each is enforceable in accordance with its terms. The closing and delivery of all such documents shall take place at the office of Grantor in Edina, Minnesota, or at such other reasonable location in the Minneapolis metropolitan area as may be agreed upon by Grantor and Grantee. Grantee agrees to deliver possession of the Land and Project to Grantor on the Closing Date. (7) Costs and Prorations. Grantee and Grantor agree to the following prorations and allocation of costs in connection with this Agreement and the transactions contemplated hereby: (i) Grantee shall pay the costs of delivery of the title insurance commitment contemplated hereunder. Grantor shall pay the title insurance premiums relating to the issuance of the A.L.T.A. owner's policy of title insurance contemplated hereunder. Grantee shall pay the closing or escrow fee of Title. (ii) Grantee shall pay all state or local transfer or deed tax in connection with the Deed to be delivered hereunder, if any. Grantor shall pay recording charges in connection with recording the documents to be delivered herein, except those required to remove title objections of record which shall be paid by Grantee. (iii) Beal estate taxes, personal property taxes and installments of special assessments payable in the year after the Closing Date shall be paid by Grantor, unless the Closing Date is after October 10 of any year, in which event real estate taxes payable in the year following closing shall be paid by Grantee, such payment to be made on the Closing Date in an amount then determined by Grantor. (iv) Operating expenses, including, without limitation, utility charges (including prepaid fuel), shall be read and prorated as of the Closing Date. (v) Each of the parties shall pay all of its respective attorneys' fees in connection with the negotiation, preparation and closing of this Agreement and the transaction contemplated hereby; provided, however, that in the event of default hereunder, the defaulting party shall pay all reasonable attorneys' fees and -23- court costs incurred by the uondefaulting party in connection with the enforcement of the rights and remedies of the nondefaulting party hereunder. If, and to the extent, any cost or fee shall be payable by Grantee under this Agreement, Grantor shall have the right to pay such amount for the account of Grantee and deduct the amount thereof from the cash due Grantee at the Closing Date. If the amount of Grantee's obligation cannot be determined on the Closing Date, Grantor shall have the right to establish with Title an escrow account to assure such payment and to deposit into such escrow account (and offset from the cash payment) 150% of the maximum foreseeable liability. (8) Damage, Destruction and Eminent Domain. (I) If, after exercising this option by Grantor and prior to closing the Land and Project or any part thereof shall be damaged or destroyed by fire, the elements, or any cause, this Agreement shall become null and void, at Grantor's option. If Grantor elects to proceed and to consummate the purchase contemplated hereby, despite said damage or destruction, there shall be no reduction in or abatement of the purchase price, and Grantee shall assign to Grantor all of Grantee's right, title and interest in and to all Insurance proceeds resulting, or to result, from said damage or destruction. (ii) If, after exercise of this option and prior to closing, the Land and Project or any part thereof shall be taken by, or is under threat of taking by, eminent domain, this Agreement shall become null and void, at Grantor's option. If Grantor elects to proceed and to consummate the purchase contemplated hereby despite said taking, there shall be no reduction in or abatement of the purchase price, and Grantee shall assign to Grantor all Grantee's right, title and interest in and to any award made, or to be made, in the condemnation proceeding. (9) Assignment. Grantor shall have the right to assign its interest under this Agreement, without first obtaining the consent of Grantee, provided that Grantor shall remain liable to Grantee under this Agreement. (10) Survival. All of the terms, covenants, conditions, representations, warranties and agreements contained in this Agreement shall survive and continue in force and effect and shall be enforceable after the closing. (11) Remedies. If Grantor shall default in its obligations hereunder, the sole remedy available to Grantee shall be to terminate -24- this Agreement by ten (10) days' written notice to Grantor, and upon such termination neither party shall have any further rights or obligations hereunder. Grantor shall not be liable for specific performance or damages. The foregoing shall not limit any right of Grantor to waive any unsatisfied contingencies, if any, and to seek and obtain specific performance of this Agreement by Grantee. If Grantee shall default in its obligations hereunder, the sole remedies available to Grantor shall be (i) to terminate this Agreement by written notice to Grantee, in which event neither party shall have any further rights or obligations hereunder, or (ii) to seek specific performance of this Agreement. Grantee shall not be liable for damages. Section 12. Severability; Miscellaneous. If any provision of these covenants and restrictions is for any reason held to be invalid or unenforceable as to all or any part of the Land, or any improvement now or hereafter located thereon, or any person or circumstance, the application of such provision to any portion of the Land, or to any such Improvement, or to persons or circumstances, other than those as to which it shall be held invalid and unenforceable, shall not be affected thereby, and all provisions .of these covenants and restrictions in all other respects shall remain in full force and effect and be valid and enforceable. The use of any gender herein shall mean and include all other genders, and the singular shall include the plural and vice versa. Section 13. Consent and Approval. Except as may otherwise be specifically provided herein, whenever in this Agreement the consent or approval of any party is expressly or impliedly required or requested, such consent or approval shall not be unreasonably withheld or delayed. If any such consent or approval is withheld or delayed by a party and there is a dispute as to its reasonableness, the sole and exclusive remedy of the other party shall be declaratory judgment, mandatory injunction or specific performance, but no money damages shall be claimed or paid. Section 14. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall such terms or provisions cause them to be considered joint venturers or members of any joint enterprise. No party shall have the right to act as an agent for another party unless expressly authorized to do so herein or by separate written instrument signed by the party to be charged. -25- IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be duly executed in their respective behalfs by their duly authorized officers, all as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By. Its By Its By. Its And Its State deed tax due hereon is $1.65. This instrument was drafted by: Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402 =26- STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of , 1989, before me a Notary Public within and for said County, personally appeared and " to me personally known, who being by me duly sworn, did say that they are the and . , respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, and that said instrument was signed on behalf of said corporation by authority of its governing body, and that said and acknowledged said instrument to be the free act and deed of said Housing and Redevelopment Authority of Edina, Minnesota. Notary Public STATE OF MINNESOTA) ) as. COUNTY OF HENNEPIN) On this _ day of , 1989, before me a Notary Public within and for said County, personally appeared and to me personally known, who being by me duly sworn, did say that they are the and , respectively, of , a and that said instrument was signed on behalf of said by authority of its governing body, and that said and acknowledged said instrument to be the free act and deed of said . -27- Notary Public I$ 2407g EXHIBIT C Easement Agreement THIS AGREEMENT, Made and entered into as of , 1989, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF.EDINAI MINNESOTA, a body politic and corporate under the lava of the State of Minnesota (the 191=9 a (the "Hotel Developer "), and EDINA PARK PLAZA ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership ( "Associates "); WITNESSETH: WHEREAS, the HRA is the owner of certain property located in the City of Edina, Hennepin County, Minnesota described as follows: Lot 4, Block 1, Edinborough Addition, according to the recorded plat thereof, Hennepin County, Minnesota; and, WHEREAS, the Hotel Developer is the owner of Lot 1, Block 1, said plat of Edinborough Addition; and WHEREAS, the Associates is the owner of Lot 2, Block 1, said plat of Edinborough Addition; and WHEREAS, the HRA has constructed upon_ said Lot 4 improvements consisting of a park building, landscaping and other related facilities; and WHEREAS, Associates has constructed upon said Lot 2 improvements consisting of an apartment building with parking, landscaping and other related facilities; and WHEREAS, Hotel Developer will be constructing upon said Lot 1, a hotel with parking, landscaping and other related facilities; and WHEREAS, it is necessary and desirable that there be established easements in the Lots (below defined) and Improvements (below defined) for the benefit of the Owners and Occupants of the Park, the Apartment Building and the Hotel (all as below defined), all as more specifically set forth in this Agreement, and that there be established covenants and restrictions relating to such easements which shall be binding upon all such Owners and Occupants so as to provide for full and efficient use, enjoyment and maintenance of the Lots and Improvements. NOW, THEREFORE, the parties hereto hereby covenant and agree that the Lots and the Park, the Apartment Building and the Hotel shall be benefitted by and be subject to, as the case may be, the following easements, rights, covenants and restrictions which shall be perpetual (except as otherwise provided herein), notwithstanding any law to the contrary, shall run with the land, and shall inure to the benefit of and be binding upon the Owners and Occupants of the Park, the Apartment Building and the Hotel and all portions of each thereof. ARTICLE I DEFINITIONS Section 1.1 Definitions. In addition to the words and phrases defined in the foregoing recitals, the following words and phrases when used herein, and in the foregoing recitals, shall have the following meanings, unless the context clearly indicates otherwise: "Agreement" means this Easement Agreement, including all Exhibits attached hereto, which Exhibits are incorporated herein by reference and hereby made a part hereof. "Apartment Building" means the residential apartment building constructed on the Apartment Building Lot, consisting of approximately two hundred two (202) rental units for elderly occupancy in a seventeen (17) story building, with related covered and surface parking, congregate dining facilities, a public restaurant with approximately 250 seats, a gift shop, a child care facility with a capacity of approximately one hundred (100) children, and related landscaping, driveways, walkways and improvements, and any replacement' or reconstructed building for the same uses. "Apartment Building Lot" means Lot 2, Block 1, said plat of Edinborough Addition. "Buildings" means the Park, the Apartment Building and the Hotel. "City" means the City of Edina. "Development Agreement" means the Land Sale Agreement And Contract For Private Redevelopment dated on or as of August 1, 1985, between the HRA and East Edina Housing Foundation, a Minnesota non - profit corporation, as now or hereafter amended. "Facilities" means and includes annunciators, antennae, boxes, brackets, cabinets, cables, coils, computers, conduits, controls, control centers, cooling towers, couplers, devices, ducts, equipment (including, without being limited to, heating, ventilating, air conditioning and plumbing equipment), fans, fixtures, generators, storage tanks, hangers, heat trunks, indicators, junctions, lines, machines, meters, motors, outlets, panels, pipes, pumps, radiators, risers, starters, switchboards, switches, systems, tanks, transformers, valves, wiring and the like now or hereafter used in providing services from time to time in any part of the Improvements, including, without being limited to, air conditioning, -2- alarm, antenna, circulation, cleaning, communication, cooling, electric, elevator, exhaust, heating, mechanical, natural gas, plumbing, radio, recording, sanitary, security, sensing, sewer (including storm and sanitary), steam, telephone, television, transportation, trash removal, utility, vehicle or pedestrian entry and /or exit systems (including stairs and elevators), ventilation and water service, and shall also include rooms or areas for any of the foregoing and also decorative features and fixtures. "Hotel" means the 142 unit hotel to be constructed on the Hotel Lot by Hotel Developer, and related landscaping, driveways, walkways and improvements, and any replacement or reconstructed building for the same use. "Hotel Lot" means Lot 1, Block 1, said plat of Edinborough Addition. "Improvements" means all of the structures and improvements, including landscaping, now or hereafter located on or under the Lots, including the Park, Parking Facility, Apartment Building and Hotel. "Interest Rate" means a rate equal to two (2%) percent per annum in excess of the prime rate as published in the Wall Street Journal from time to time, said interest rate to be adjusted monthly, on the first day of each month for the then next month, based on the prime rate published for the last business day of the then preceding month, computed on the basis of a three hundred sixty (360) day year, but charged for the actual number of days any payment is past due. If the Wall Street Journal, for any reason, should ever cease to publish the prime rate, the interest rate shall be determined by reference to the most nearly comparable index generally available in the financial community, as determined by the person to whom such interest is payable. However, in no event shall the interest rate be in excess of the highest rate then permitted by law. "Lots" means the Apartment Building Lot, the Hotel Lot and the Park Lot. "Occupant" in the case of the Apartment Building or Apartment Building Lot or Hotel or Hotel Lot means the employees, invitees, licensees, agents, guests, contractors and tenants of, and other persons authorized by, an Owner of the Apartment Building or Apartment Building Lot or Hotel or Hotel Lot, as the case may be, to enter upon any part of the Apartment Building or Apartment Building Lot or Hotel or Hotel Lot owned by such authorizing Owner; "Occupant" in the case of the Park or Park Lot means members of the general public, and also the employees, invitees, licensees, agents, contractors of, and other persons authorized by, an Owner of the Park or Park Lot to enter upon any part of the Park or Park Lot or Parking Facility. "Owner" means the person or persons, or entity or entities, whose estates or interests, individually or collectively, from time to time, -3- aggregate fee simple absolute ownership of: (i) the Apartment Building and Apartment Building Lot, or any part thereof, or (ii) the Hotel and Hotel Lot, or any part thereof; or (iii) the Park and Park Lot, or any part thereof. "Park" means the public park constructed or to be constructed on the Park Lot, including any roof over the Park, including any roof connected to the Apartment Building or Hotel, and including-related landscaping, recreational facilities and equipment, and any replacement park, including any replacement of any such roof, therefor. "Park Lot" means Lot 4, Block 1, said plat of Edinborough Addition. "Parking Facility" means the entire upper level of a one level, above - ground parking ramp which may be constructed by the HRA on the Hotel Lot pursuant hereto, the location of which, if built, is shown on the drawing attached hereto as Exhibit A, and includes the ramps thereto, and supporting structures, piers, columns, ports, footings and related improvements, and includes any replacement or reconstruction of any thereof. "Party" or "Parties" means the Owner of the Apartment Building and Apartment Building Lot, the Owner of the Hotel and Hotel Lot, and the Owner of the Park and Park Lot. "Work" means any construction, installation, maintenance, repair, cleaning, replacement, alteration, modification, demolition, reconstruc- tion or reinstallation done by or for a Party. ARTICLE II Section 2.1 Easements in the Park for Benefit of the Hotel. There is hereby created, and there shall exist in, on, over'and under the Park and Park Lot, for the use and benefit of the Owner and Occupants of the Hotel and Hotel Lot, and appurtenant to the Hotel and Hotel Lot, the following easements: A. A non - exclusive easement in and over so much of the Park and Park Lot as is reasonably needed to do any Work, at the cost of the Owner of the Hotel, to or on the wall or roof of the Hotel fronting on the Park and Park Lot, and such easements as are necessary to connect such wall or roof to the wall or roof of the Park, or any replacements of any thereof. The connection to the roof or wall of the Park shall be done pursuant to the plans and specifications for the Hotel as approved pursuant to the Development Agreement. This easement, or easements, as the case may be, shall exist only so long as the Hotel shall remain standing. -4- B. A non - exclusive easement for access to, and maintenance, repair, replacement and reconstruction of, encroachments, and an exclusive easement for such encroachments, in the event that, by reason of construction or reconstruction of the Hotel or the subsequent settlement, expansion, sag or shifting of any part of the Hotel, or adjustment of the description upon which the Hotel Lot description is based, any part of the Hotel encroaches, or shall hereafter encroach, upon any part of the Park or Park Lot. Such easement for encroachments-shall exist only so long as all or the encroaching part of the Hotel shall remain standing; provided, however, that in no event shall an easement for any encroachment be created in favor of the Hotel if such encroachment unreasonably interferes with the normal use and enjoyment of the Park or Park Lot by the Owner or Occupants of the Park or Park Lot. C. A non - exclusive easement in and over the tramway /service drive area shown and described on the drawing attached hereto as Exhibit B for vehicle and pedestrian ingress and egress to and from the Hotel from and to the public street (Edinborough Way) west of the Hotel Lot. This easement shall exist only so long as the Park shall remain standing. Section 2.2 Basements in the Hotel for Benefit of the Park. There is hereby created, and there shall exist in, on, over and under the Hotel and Hotel Lot, for the use by and benefit of the Owner and Occupants of the Park and Park Lot, and appurtenant to the Park and the Park Lot, the following easements: A. A non - exclusive easement on, over and across those parts of the Hotel Lot now or hereafter improved with driveways or sidewalks, for access by vehicles and pedestrians to and from the public streets from and to the parking spaces referred to in paragraph B of this Section and the Parking Facility, and from and to the public streets and such parking spaces and Parking Facility to and from the Park and Park Lot, and for use as drop off and pick up of passengers, including, without limitation, the sidewalks that may be constructed on that part of the Hotel Lot shown and described on the drawing attached hereto as Exhibit C. B. A non - exclusive right and easement to use for parking purposes all parking spaces now or hereafter on the Hotel Lot, except those marked "Hotel Use Only" as shown on the drawing attached hereto as Exhibit D. C. An exclusive right and easement for the Parking Facility and all Facilities as now or hereafter determined by the Owner of the Park Lot to be necessary or desirable for now or hereafter serving the Parking Facility, including, without limitation, such easements as are reasonably necessary to do any Work relative to the Parking Facility or the Facilities now or hereafter serving the Parking Facility, and non - exclusive easements to extend any of the Facilities from any other Lot or the public streets to the Parking Facility. D. A non - exclusive easement in and to the wall and roof of the Hotel fronting-on and facing the Park, and all footings, foundations, columns, -5- floors, roofs and other structural components and supports for such wall or roof or adjoining such wall or roof, for the connection to the Hotel of, and for the support of, the roof over and forming a part of the Park and /or the wall of the Park fronting on the Hotel Lot, including, without limitation, such easements as are reasonably necessary to do any Work relative to such roof or wall, or any replacement roof or wall, and to utilize and connect such Park roof or wall to such roof or wall of the Hotel, and the footings, foundations, columns, floors, roofs and other structural components and supports for such Hotel roof or wall or adjoining such roof or wall, for support and utilization of such Park roof or wall or any replacement of either thereof. The connection of such roof or wall of the Park to the roof or wall of the Hotel will be at such height and location, and in such manner, as is determined by the plans and specifications for the Hotel as approved pursuant to the Development Agreement. This easement shall exist only so long as the Park, including the roof or wall therefor, shall remain standing. E. A non - exclusive easement for access to and maintenance, repair, replacement and reconstruction of encroachments, and an exclusive easement for such encroachments in the event that, by reason of construction or reconstruction of the Park or the subsequent settlement, expansion, sag or shifting of any part of the Park or adjustment of the description upon which the Park Lot description is based, any part of the Park encroaches or shall hereafter encroach upon any part of the Hotel or Hotel Lot. Such easement for encroachments shall exist only so long as all or the encroaching part of the Park shall remain standing; provided, however, that in no event shall an easement for any encroachment. be created in favor of the Park if such encroachment unreasonably interferes with the normal use and enjoyment of the Hotel or Hotel Lot by the Owner or Occupants of the Hotel or Hotel Lot. F. A non - exclusive easement on, across and over the tramway /service drive area, in the location shown and described on the drawing attached hereto as Exhibit E. for access by vehicles and pedestrians from and to the Park Lot to and from the public street along the west side of the Hotel Lot and for all Facilities now or hereafter determined by the Owner of the Park Lot to be necessary or desirable to serve such tramway /service drive area, and including, without limitation, such easements as are necessary to do any work relating to such tramway /service drive area or any Facilities now or hereafter serving the same. G. A non - exclusive easement over and across that part of the Hotel Lot lying northerly of the tramway /service drive area as shown and described on Exhibit F hereto, for landscaping and for use as and for a public park, in substantially the same manner as that part of the Park Lot immediately north of the easement area shown on said Exhibit F is used as and for a public park. Section 2.3 Easements in the Hotel for Benefit of the Apartment Buildirur. There is hereby created, and there shall exist, in, on, over -6- and under the Hotel and Hotel Lot, for the use and benefit of the Owner and Occupants of the Apartment Building and Apartment Building Lot, and appurtenant to the Apartment Building and Apartment Building Lot, the following easements: _ A. A non - exclusive easement for access to, and maintenance, repair, replacement and reconstruction of, encroachments, including, without limitation, the encroachments shown and described on Exhibit G hereto, and an exclusive easement for such encroachments, in the event that, by reason of construction or reconstruction of the Apartment Building or the subsequent settlement, expansion, sag or shifting of any part of the Apartment Building, or adjustment of the description upon which the Apartment Building Lot description is based, any part of the Apartment Building encroaches, including, without limitation, the encroachments shown on said Exhibit G, or shall hereafter encroach, upon any part of the Hotel or Hotel Lot. Such easement for encroachments shall exist only so long as all or the encroaching part of the Apartment Building shall remain standing; provided, however, that in no event shall an easement for any encroachment be created in favor of the Apartment Building if such encroachment unreasonably interferes with the normal use and enjoyment of the Hotel or Hotel Lot by the Owner or Occupants of the Hotel or Hotel Lot. ARTICLE III MAIftTENANCE, OPERATIOft, DAMAGE, DESTRUCTION AND STRUCTURAL SUPPORT Section 3.1 Performance of Work. A. The easements created and granted by this Agreement shall and do include the right of the Parties and the contractors, agents and representatives of the Parties, to enter upon, and temporary easements for the purpose of entering upon, the areas subject to the easements hereby created, and such other parts of the Improvements, and Lots, and with such laborers and equipment, as may be determined to be necessary by the Party doing the Work, for the purpose of doing any Work to or on any easement area, or Parking Facility or related Facilities, so as to use, enjoy and benefit from such easement, without hindrance or molestation by any Owner or.Occupant. B. All Work and other activity carried on by or for any Party on an easement area created or granted hereby shall be done (i) in such manner as to not unreasonably interfere with the normal use and enjoyment of the area, property or Buildings on which the Work or activity is being done, (ii) at the sole cost and expense of the Party doing the Work or activity or causing it to be done, unless other specific provisions of this Agreement impose all or part of such cost and expense upon another Party or Parties, (iii) in full compliance with the provisions of this Agreement, (iv), in full compliance with all applicable statutes, codes, -7- ordinances, rules and regulations, (v) using materials and equipment, and design and engineering standards, equal to or better than those originally used, (vi) in a manner consistent with and similar to the original architectural design and construction to the greatest extent possible and where allowed by applicable statutes, codes, ordinances, rules and regulations, (vii) in a good and workmanlike manner and (viii) in such manner as not to impair or destroy the structural soundness or integrity, or functional utility, of the property or Improvement upon or in which the Work or activity is being done or any of the other Improvements. C. Before any Party enters upon any easement area on the property of another Party to do any Work, the entering Party shall give at least 10 days prior notice of such entry to the affected Party, and the anticipated entry time, estimated duration and purpose. Such notice need not be given in the event of an emergency as reasonably determined by the entering Party. D. Each Party shall maintain its respective Improvements so as not to impede or obstruct use of the easements hereby granted or created for the uses and purposes hereby granted. Section 3.2 Normal Maintenance, Replacement and Improvement of Exclusive Easements. Subject to the provisions of Sections 3.5 and 3.6 hereof, each Party shall do all normal maintenance and repair, including snow and debris removal, of the areas covered by the easements created by this Agreement, and Facilities therein or thereon, which are for their respective exclusive use or benefit, to the extent needed to avoid unreasonable interference with the use and benefit of the Lot or Building on or over which the exclusive easement is located, all at their respective sole cost and expense, except as otherwise herein specifically provided. Section 3.3 Normal Maintenance, Replacement and Improvement of Non - Exclusive Easements. Subject to the provisions of Sections 3.5 and 3.6 hereof, normal repair and maintenance, including snow and debris removal, of the areas covered by the easements created by this Agreement, and Facilities therein or thereon, which are non - exclusive as to use and benefit, and which repair and maintenance are needed to maintain the use and benefit of such easements for any benefitted Owner or Occupant, shall promptly be done by the Owner of the Apartment Building if located on, in, under or over the Apartment Building or Apartment Building Lot, by the Owner of the Hotel if located on, in, under or over the Hotel or Hotel Lot, and by the Owner of the Park if located on, in, under or over the Park or Park Lot, all at their respective, sole cost and expense except as otherwise herein specifically provided. Section 3.4 Damage to Improvements. If any of the Improvements are damaged or destroyed by any cause whatsoever, or taken by, or sold under threat of, eminent domain, and such damage, destruction, or such taking, or sale under threat of eminent domain, adversely affects any of, the -8- easements granted by this Agreement, or the use or benefit thereof, then the Owner of the Apartment Building and Apartment Building Lot as to the Apartment Building, the Owner of the Hotel and Hotel Lot as to the Hotel, and the Owner of the Park and Park Lot as to the Park, shall each promptly and diligently repair and restore such damage or destruction, and shall restore and repair their respective Buildings, to the extent possible, so that said easements, or the use or benefit thereof, so adversely affected, can be used substantially for the purpose and benefit intended and in substantially the same manner, to the extent possible, as before such damage or destruction, or taking or sale under threat of eminent domain; provided, however, that repair or restoration of the Park or Parking Facility, or any portion thereof, including, without limitation, the roof of the Park, shall be decided exclusively by, and at the sole determination of, the Owner of the Park and Park Lot; and provided, further, that the provisions of Sections 3.5 and 3.6 hereof shall control over any contrary provisions of this Section. Section 3.5 Parking Facility. A. The Parking Facility and related Facilities shall be constructed by the Owner of the Park Lot, and at such Owner's cost, on the Hotel Lot pursuant to the rights and easements hereby granted and created, and pursuant to the provisions hereof. Construction of the Parking Facility and related Facilities shall be subject to the following terms and conditions: 1. There shall be available for use by Occupants of the Hotel, at all times during construction of the Parking Facility, at least 85 parking spaces on the on -grade parking lot on the Hotel Lot. This provision shall not be violated by temporary obstructions which are reasonably necessary, or the result of causes beyond the control of the Owner of the Park Lot, in connection with such construction. 2. The entrance to the Hotel from Edinborough Way, and the drop off by the Hotel, all as shown and described on Exhibit H hereto, shall be kept open for use by the Owner and Occupants of the Hotel at all times during construction of the Parking Facility. This provision shall not be violated by temporary obstructions which are reasonably necessary, or the result of causes beyond the control of the Owner of the Park Lot, in connection with such construction. 3. The plans and specifications for the Parking Facility and Facilities shall be prepared by or for the Owner of the Park Lot, and shall be as determined by the Owner of the Park Lot, but the Parking Facility shall have exterior materials similar to those used on the -9- parking ramp now constructed on Lot 3, Block 1, said plat of Edinborough Addition. 4. The signage for the Hotel shall not be obscured or blocked during construction of the Parking Facility. This provision shall not be violated by temporary obstructions which are reasonably necessary, or the result of causes beyond the control of the Owner of the Park Lot, in connection with such construction. 5. The provisions of Section 3.1B(i), (v) and (vi) above shall not apply to construction of the Parking Facility or related Facilities as set forth in this Section 3.5A. B. The Parking Facility shall be controlled by, and be operated pursuant to rules and regulations (including the imposition, of parking fees) from time to time adopted by, the Owner of the Park and Park Lot. C. The Owner of the Park Lot, at its own cost and expense, shall maintain the entire Parking Facility at all times to the extent needed to avoid unreasonable interference with the use and benefit of the Hotel or Hotel Lot, including, without limitation, the plowing of snow and removal of debris therefrom. Provided, however, that if the Parking Facility should be damaged or destroyed, in whole'or in part, or taken, in whole or in part, by eminent domain, or be conveyed under threat of eminent domain, then the Owner of the Park Lot shall, in its sole discretion, determine whether to repair or restore the Parking Facility, in whole or inpart. Also, the Owner of the Park Lot may at any time demolish or remove all or any part of the Parking Facility as such Owner shall determine without liability or obligation to any Party, Owner or Occupant. D. The Owner of the Hotel or Hotel Lot shall have no liability or obligation of any kind for, and the Owner of the Park Lot shall hold the Owner of the Hotel and Hotel Lot harmless from and indemnified against, any loss, cost, damage or expense, including, without limitation, reasonable attorneys' fees and expert witness fees, due to any claim or demand for property damage or personal injury arising out of, or claimed to arise out of, the design, construction, maintenance, repair, reconstruction or replacement of all or any part of the Parking Facility, or arising out of, or claimed to arise out of, the doing of, or failure to do, any of the Work to be done by the Owner of the Park Lot pursuant to paragraph C of this Section. This hold harmless and indemnity agreement shall not apply to any claims or demands which are due to, or claimed to be due to, the intentional or negligent act or omission of any Owner or Occupant of the Hotel or Hotel Lot. Section 3.6 Hotel Roof and Wall Connections to Park. A. The Owner of the Hotel Lot, at its own cost, shall make the initial connections of the roof or walls of the Hotel to the walls or -10- roof of the Park pursuant to paragraph A of Section 2.1 hereof, pursuant to the plans and specifications for the Park approved pursuant to the Development Agreement, and pursuant to Section 3.1 hereof. B. Such connections, once initially made, thereafter so long as the easements for such connections exist, shall be maintained by the Owner of the Hotel, at its cost, in good repair; provided, however, that the Owner of the Park shall have no obligation under this Agreement to maintain the roof on and over the Park or the wall of the Park adjoining the Hotel, but may remove the roof and /or wall, or not restore or repair them or either thereof, in the event of damage or demolition, as the Owner of the Park from time to time conclusively shall determine. C. The Owner of the Park and Park Lot shall have no liability or obligation of any kind for, and the Owner of the Hotel and Hotel Lot shall hold the Owner of the Park and Park Lot, harmless from and indemnified against, any loss, cost, charge or expense, including, without limitation, reasonable attorneys' fees and expert witness fees, and travel associated therewith, due to any claim or demand arising out of, or claimed to arise out of, the design, construction, maintenance, repair, reconstruction or replacement of the said connections to the Park. D. If the Owner of the Hotel or Hotel Lot fails or refuses to fulfill its obligations under paragraph A or B of this Section, then the Owner of the Park Lot or Park may (but without obligation) fulfill such obligation, and the cost thereof, including reasonable attorneys' fees, shall be paid on demand, with interest on such costs at the Interest Bate, from the dates incurred until paid, and the Owner of the Hotel and Hotel Lot shall also pay all costs of collection of such costs and interest, including reasonable attorneys' fees, whether suit be brought or not, with interest on such costs at the Interest Bate from the dates incurred until paid. E. If the Park ever ceases to be operated as and for a public park, or if the Owner of the Park decides not to restore the roof or any walls thereof after destruction, demolition or damage, then the Owner of the Park or the Owner of the Hotel or Hotel Lot may remove the connections of the Hotel to the Park, at the cost and expense of the party doing such removing, and the respective Owners of the Park and Hotel and Hotel Lot shall have a temporary easement to enter upon the Park and Park Lot, and Hotel and Hotel Lot, for purposes of such removal, to be done pursuant to the applicable provisions of Section 3.1 hereof. Also, in the event of such removal of the roof or walls of the Park, the Owner of the Hotel and Hotel Lot shall have a temporary non - exclusive easement to enter upon such portions of the Park as are necessary to construct, maintain, remove and reconstruct, all pursuant to Section 3.1 hereof, a wall or roof for the Hotel on the Hotel Lot, all without cost or expense to City or the Owner of the Park or Park Lot. The easement granted and created by the immediately preceding sentence shall exist only so long as the Hotel shall remain standing. -11- F. If the Hotel ever ceases to exist so that the Park roof or wall cannot be connected thereto, or if the roof or walls of the Park are removed as provided in paragraph E of this Section, then the Owner of the Park Lot shall have temporary non - exclusive easements to enter upon such portions of the Hotel and Hotel Lot as are necessary to construct, maintain, remove and reconstruct, pursuant to Section 3.1 hereof, a wall and /or roof and supporting structures for the Park roof or walls on the Park Lot, all without cost or expense to the Owner of the Hotel and Hotel Lot. The easement granted and created by the immediately preceding sentence shall exist only so long as the Park, including said roof and walls therefor, shall remain standing. ARTICLE IV USE OF EASEMENTS; CONTROL; COST SHARING Section 4.1 Rules and Regulations. Subject to the provisions of Section 4.2 hereof, each of the Parties reserves the right to require that the easements on, in, under or over their respective properties be used pursuant to reasonable rules and regulations promulgated from time to time by the respective Parties; provided, however, that the provisions of this Agreement shall control over any such rules or regulations which are contrary to or inconsistent with the provisions of this Agreement. Provided, however, that the Owner of the Hotel and Hotel Lot shall impose no greater or different conditions or restrictions on the Owner or Occupants of the Park or Park Lot than are imposed on the Owner and Occupants of the Hotel and Hotel Lot. Also, in no event shall there be imposed any parking, access, or other fees or charges upon the Owner or Occupants of the Park or Park Lot for the use of the easements granted by Section 2.2 hereof. Section 4.2 Control and Use of Easements for Benefit of Park. A. The use and operation of all easements herein granted or created, both exclusive and non - exclusive, for the benefit of the Owner and Occupants of the Park, and including, without limitation, the easement described in paragraphs B and C of Section 2.2 hereof, shall be controlled solely and exclusively by the Owner of the Park, and shall be used and operated pursuant to rules and regulations adopted from time to time by the Owner of the Park, including, without limitation, the right to charge fees (in amounts determined from time to time solely by the Owner of the Park) for parking in the parking areas on any such easements; provided, however, that the provisions of this Agreement shall control over any such rules and regulations which are contrary to or inconsistent with the provisions of this Agreement. B. All easements herein granted or created, both exclusive and non - exclusive, for the benefit of the Owner and Occupants of the Park shall be used and useable by the general public, except as herein specifically otherwise provided, and except as the Owner of the Park may otherwise, from time to time, determine. =12- Section 4.3 Temnorary Obstructions. Subject to the provisions of Section 3.5 hereof, no barrier of any kind which restricts, prevents or obstructs the use of any easement for the purpose created and granted hereby shall be erected or permitted; provided, however, that temporary obstructions which are reasonably necessary in connection with any Work or other activity allowed hereby done on or to any easement, Facilities or Improvements shall be permitted. Section 4.4 Minimum Interference. The Parties and all Owners and Occupants shall always exercise use of their respective easements, and rights hereunder, reasonably and in such manner as to cause the least possible interference under the then circumstances with the use and enjoyment by the other Parties, Owners and Occupants who have the right to use, or are subject to, such easements, of their respective properties and Improvements. ARTICLE V INSURANCE; WAIVER OF CLAIMS Section 5.1 Maintenance of Insurance. A. Each Party shall provide and maintain such insurance as is required of it pursuant to the Development Agreement so long as the requirements of the Development Agreement apply. Thereafter each Party: (1) shall keep their respective Buildings insured (except that the Owner of the Park and Park Lot shall also maintain insurance on the Parking Facility as herein provided) in such amounts and against loss or damage by fire, extended coverage perils and other risks, casualties and hazards as would be insured from time to time by reasonably prudent owners of park buildings (such as the Park), and of first -class hotels (such as the Hotel) or parking facilities, as the case may be, in the City of Edina, in amounts not less than full replacement cost, with agreed amount endorsements, code compliance endorsements and rubbish and removal endorsements. Such insurance shall include the areas, properties and Facilities included within the easements hereby created; (2) shall maintain comprehensive general liability Insurance against claims for personal injury, death or property damage occurring in or upon their respective Buildings (except that the Owner of the Park and Park Lot shall also maintain insurance covering the Parking Facility). Such insurance shall have an annual aggregate limitation for injury or death to persons and for property damage in such amounts as may be required by law and as might be carried from time to time by reasonably prudent owners of a park (such as the Park), and of a first -class hotel (such as the Hotel), as the case may be, in the City of Edina; and -13- (3) may combine the risks to be insured under this Section into one or more joint policies with another Party or Parties, with a division of premium as may be acceptable to the participants. B. Each policy required by this Section (being those kept and maintained after the requirements of the Development Agreement no longer apply) shall: (i) provide that the acts of any insured party shall not invalidate the policy as against any other insured party or otherwise adversely affect the rights of any other insured party under the policy; (ii) name as insured parties under the policy at Paragraph A(2) of this Section all Parties and Owners; and (iii) contain a clause which reads substantially as follows: "This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any party for loss occurring to the property described herein "; (iv) provide that such policy shall not be cancelled, altered or amended without at least thirty (30) days' prior notice to all parties insured by such insurance; and (v) provide that the right of subrogation against all Parties and Owners to waived by the insurer. Provided, however, that the Owner of the Park and Park Lot need only name as an additional insured under the policy at paragraph A(2) of this Section the Owner of the Hotel and Hotel Lot, and then only as to the Parking Facility. C. Any insurance required hereby and provided independently by any Party may be included in a blanket policy covering other property owned by such Party. D. Upon written request of any Party, a copy of any insurance policy required hereby and so requested shall be promptly delivered to the requesting Party by the Party of whom the request is made. Section 5.2 Waiver of Claims. Each Party, Owner and Occupant, both during the time the insurance requirements of the Development Agreement apply and thereafter, shall be deemed to have released and waived all claims, and does hereby so release and waive all claims, against each other Party, Owner and Occupant, for damages to their respective properties, real and personal, arising out of or resulting from fire or efforts to extinguish the same, or arising out of or resulting from any other hazards of a type insured against pursuant to paragraph A(1) of Section 5.1 hereof, (whether or not such insurance is, in fact, obtained under said paragraph A(1)), or which is, in fact, covered by other insurance, whether or not such damage from any of said causes is the result of negligent acts or conduct on the part of anyone which, except for this provision, would make any Party or Owner legally liable to another Party or Owner for such damage. Each Party and Owner shall be deemed to have agreed to look to their insurance for protection against damage to their respective properties, real and personal, arising out of the aforesaid hazards, having waived all rights of subrogation to the extent above provided, excepting, however, claims for vandalism, -14- malicious mischief or other intentional damage for which any person might be legally liable to another person. ARTICLE VI MISCELLANEOUS Section 6.1 Mechanic's Lien. In the event any mechanic's lien is filed against the property of any Party as a result of services performed or materials furnished, or claimed to have been performed or furnished, for the use or benefit of another Party, then, upon request of the Party whose property is, or properties are, subject to such lien, the Party permitting or causing such lien to be filed agrees to promptly cause such lien to be released or discharged of record, either by paying the indebtedness which gave rise to such lien or by posting bond or other security as shall be required by law to obtain such release and discharge; provided, however, that the Party permitting or causing such lien to be filed may contest the amount or validity thereof by appropriate legal proceedings if such Party first delivers to the Party against whose property or properties such lien is claimed security reasonably acceptable to such latter Party (in an amount not to exceed twice the amount of the lien) to protect such latter Party's property against foreclosure of, or loss due to, such lien, and if such contest is not pursued with reasonable diligence, or in the event such contest is determined adversely (allowing for appeal to the highest appellate court), such contesting Party shall promptly pay in full the required amount, together with any interest, penalties and costs, and discharge and satisfy the lien of record. If such contesting Party fails to do so, the Party holding said security may use the security to discharge and satisfy the lien of record, but the Party contesting the lien shall remain liable for any deficiency. The Party causing such lien to be filed further agrees to indemnify the other Party and its property against, and hold such Party and its property harmless from, all loss, cost, damage and expense, including reasonable attorneys' fees, whether suit be brought or not, resulting from such claimed lien, and said security shall also secure this indemnity and hold harmless agreement. Section 6.2 Moneys Due. If not otherwise specified herein, all moneys to be paid by any Party to any other Party shall be payable thirty (30) days after notice from the Party to whom it is owed to the owing Party, specifying the amount due and the reason for the payment. Interest shall accrue on all moneys and other claims from the date the moneys are payable, or claim arises, at the Interest Rate. Section 6.3 Default. If any Party defaults in any obligation hereunder which can be cured by the payment of moneys, and such default is not cured within thirty (30) days after written notice thereof is given to such defaulting Party by any other aggrieved Party, or if any Party defaults in any other obligation in this Agreement and such default continues for thirty (30) days after written notice thereof is given to -15- such defaulting Party by any other aggrieved Party (or if such default is not cured by reason of excusable delays as provided in Section 6.12 hereof, or if it is of a kind that cannot with reasonable diligence be cured in thirty (30) days but can be cured, then such thirty (30) day period shall be extended for the period reasonably necessary to cure the default as long as reasonable efforts are being made to cure the default), then any aggrieved Party, after additional notice given to the defaulting Party, may exercise any one or more of the remedies set out in Section 6.4 hereof. Section 6.4 Remedies; Waiver. Upon the occurrence of a default under Section 6.3 hereof, and the expiration of any period to cure, without a curing of such default, any aggrieved Party may exercise one or more of the following remedies: (i) cure the default of any defaulting Party and charge the cost thereof, including reasonable fees of experts and attorneys, to the defaulting Party, and all such costs shall be payable on demand, and for such purposes the aggrieved Party shall have an easement to enter upon the property, including the Building, of the defaulting Party to do any Work, pursuant to Section 3.1 hereof, necessary to cure the default; and (ii) specific enforcement, injunctive relief, damages, or any other remedy available at law or in equity by this Agreement. Any action seeking one or more forms of relief shall not be a bar to an action at the same or subsequent time seeking other forms of relief nor to the filing and enforcing of a Lien Notice as provided in Section 6.5 hereof. The costs of any such action, including reasonable attorneys' fees of the prevailing Party or Parties, shall be paid by the Party or Parties not prevailing. Any delay in realizing, or failure to realize, on any remedy herein for a default hereunder shall not be deemed a waiver of that default or any subsequent default of similar or different kind, and no waiver of any right or remedy hereunder shall be effective unless In writing and signed by the person against whom the waiver is claimed. Section 6.5 Lien Notice; Foreclosure. A. Any moneys due from any Party to any other Party shall constitute a lien on the property, including the Building, of the Party owing such moneys and on any proceeds received or to be received by such Party from insurance maintained pursuant to this Agreement, and on any award or proceeds from taking by, or sale under threat of, eminent domain. The lien shall be effective from the date of recording of the Lien Notice hereinafter described. Upon such recording, such lien, with interest on the unpaid amount thereof from and after the date such lien amount was due at the Interest Rate, shall be superior and prior to all other liens -16- and encumbrances thereafter such moneys in and to the taxes and special assessment as of the recording of suc modification of such first Party to whom such moneys a Notice ") setting forth: encumbering the interest of the Party owing property involved, except only for general liens, and any first mortgage lien of record i Lien Notice, or any renewal, extension or mortgage lien. To evidence such lien, the �e owed shall prepare a written notice ( "Lien (I) the amount owing and a brief statement of the basis therefor; (ii) identification of the property, or portions thereof, to which the payments relate; (iii) the name of the Party or reputed Party owning the property involved; and (iv) reference to this Agreement as the source and authority for such lien. The Lien Notice shall be signed and acknowledged by the Party desiring to file the same and shall be recorded in the appropriate records of Hennepin County, Minnesota, and, if necessary, the State of Minnesota. A copy of such Lien Notice shall be mailed in the manner provided in Section 6.7 hereof to the Party or reputed Party owning the property to which the lien attached, within thirty (30) days after such recording, but failure to mail such notice shall not adversely affect such lien or the enforcement thereof. Any such lien, with interest, may be enforced by judicial foreclosure upon the property, to which the lien attached, in like manner as a mortgage on real property is judicially foreclosed under the laws of the State of Minnesota. In any foreclosure, the Party against whose property the lien is being foreclosed shall be required to pay the costs, expenses and reasonable attorneys' fees in connection with the preparation and filing of the Lien Notice as provided herein, and all costs, expenses and reasonable attorneys' fees in connection with the foreclosure. Any additional amounts owing under this Agreement which are unpaid, and established in accordance with the provisions of Section 6.2, 6,3 or 6.4 above, during such a foreclosure proceeding may be added as a claim in the foreclosure proceeding by an amendment of the complaint in foreclosure. The Party filing such Lien Notice shall have the right to bid on the property sold pursuant to the foreclosure proceeding, and, in part payment thereof, may set off the amount determined by such proceeding to be due to the bidding Party, with interest and costs, if any. Any lien which becomes effective pursuant to this Section prior to termination of this Agreement shall survive and continue as a lien upon the property subject thereto even after termination of this Agreement. B. Anything in this Section, or this Agreement, to the contrary notwithstanding, no liens shall be created or exist against, or be enforced against, the Park or Park Lot by virtue of this Section, or any other provisions of this Agreement. -17- Section 6.6 Rstolppel' Certificate. Each Party hereby severally covenants that upon written request, from time to time, of any other Party, it will issue an Estoppel Certificate stating: (1) whether the Party to whom the request has been directed knows of any default by the requesting Party under this Agreement, and if there are known defaults, specifying the nature thereof; (ii) whether, to the Party's knowledge, this Agreement has been modified or amended in any way (and if it has, then stating the nature thereof); (iii) that, to the Party's knowledge, this Agreement as of that date is in full force and effect, or if not, so stating; (iv) the nature and extent of any setoffs, claims or defenses then being asserted or otherwise known by the Party against enforcement of such Party's obligations hereunder; (v) whether the Party executing such certificate is performing Work for which the Party expects reimbursement under this Agreement; and (vi) such other matters as may reasonably be required. Such statement shall act as a waiver of any claim by the Party furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts contrary to those contained in the statement, and who has acted in reasonable reliance upon the statement; however, such statement shall in no event subject the Party furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure of such Party to disclose correct and /or relevant information. Section 6.7 Giving of Notices. All notices, demands, statements and requests required or permitted to be given or served under this Agreement shall be in writing and shall be deemed to be effective and to have been properly given or served, whether received or not, on the third (3rd) business day after depositing the same in the United States mails, addressed to a Party, postage prepaid, registered or certified mail, return receipt requested, at the addresses set forth below. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand, statement or request. At such time as any Party transfers its respective property so as to create a new Party, each such new Party shall send notice to the other Parties of the name and address to which notice to that new Party shall be sent. Until such time as a new Party sends such notice, the prior Party who made such transfer shall -18- be deemed to be the agent for such new Party for purposes of giving or service of notices. Addresses of the Parties hereto are as follows: In the case of the Owner of the Apartment Building and Apartment Building Lot: c/o Partners for Senior Communities, Inc. Suite 1300 35 Bast Wacker Drive Chicago, Illinois 60601 Attn: Henry Hyatt, Sheldon Baskin or Daniel Epstein In the case of the Owner of the Hotel and Hotel Lot: In the case of the Owner of the Park and Park Lot: 4801 West 50th Street Edina, Minnesota 55424 Attn: Executive Director of the HRA Any party shall have the right, from time to time and at any time, upon at least thirty (30) days' prior written notice thereof in accordance with the provisions herein, to change its respective address and to specify any other address; provided, however, notwithstanding anything herein contained to the contrary, in order for the notice of address change to be effective it must actually be received. Section 6.8 Consent or Approval. Except as may otherwise be specifically provided herein, whenever in this Agreement the consent or approval of any Party is expressly or impliedly required or requested, such consent or approval shall not be unreasonably withheld or delayed. If any such consent or approval is withheld or delayed by a Party and there is a dispute as to its reasonableness, the sole and exclusive remedy of the other Party or Parties shall be declaratory judgment, mandatory injunction or specific performance, but no money damages shall be claimed or paid. Section 6.9 Singular and Plural. Whenever required by the context of this Agreement, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. Section 6.10 Neaation of Partnership. None of the terms or provisions 'of this Agreement shall be deemed to create a partnership -19- between or among the Parties or Owners in their respective businesses or otherwise, nor shall such terms or provisions cause them to be considered Joint venturers or members of any joint enterprise. No Party or Owner shall have the right to act as an agent for another Party unless expressly authorized to do so herein or by separate written instrument signed by the Party or Owner to be charged. Section 6.11 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or declaration of all or any portion of the Improvements or easements hereby created, or portions thereof, to the general public even though some of the easements hereby created may be used by the general public. Section 6.12 Performance; Excusable Delays; Emergencies. A. Whenever performance is required of any Party, that Party shall use all due diligence to perform, and take all necessary measures in good faith to perform, as soon as possible; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of materials or labor, or damage to Work or other activity in progress by reason of fire or other casualty, or other causes beyond the reasonable control of that Party, then the time for performance as herein specified shall be appropriately extended by the length of the delay actually so caused. The provisions of this Section shall not operate to excuse any Party from the prompt payment of any moneys required by this Agreement. B. Whenever a Party is obligated by this Agreement to act or perform, and an emergency exists, in the reasonable opinion of a Party, which can be abated or ended by such act or performance, and the obligated Party fails or refuses to act or perform promptly, then any other Party may act, pursuant to Section 6.4 hereof, immediately to abate or end the emergency without giving notice or waiting for expiration of any applicable grace period as set out in Section 6.3 hereof, and the acting Party or Parties may recover its or their costs and fees pursuant to Section 6.4 hereof. Section 6.13 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application of any thereof to any Party, Owner or Occupant, or in any circumstances, shall in no way affect any of the other provisions hereof, or the application of any thereof to any other Party, Owner or Occupant or in any other circumstances, and the same shall remain in full force and effect. Section 6.14 Amendments. This Agreement may be amended only in the following manner: A. As to easements created by Sections 2.1 and 2.2 hereof, by a written agreement executed by the then Owner of the Hotel and Hotel Lot, and by the Owner of the Park and Park Lot. -20- B. As to easements created by Sections 2.3 hereof, by a written agreement executed by the then Owner of the Hotel and Hotel Lot, and by the Owner of the Apartment Building and Apartment Building Lot. All amendments, to be effective, once duly signed shall be recorded or filed in Hennepin County, Minnesota, in the same office in which this Agreement is recorded or filed to give constructive notice thereof. Section 6.15 Creation of Condominium. The association of owners of any condominium hereafter created and affecting all or any part of the Improvements, acting through their respective officers and board of directors, shall represent all owners of units in the condominium governed by that association, and shall act for all such owners, and may by the act of such association, acting through its officers and board of directors, take all action, including execution and delivery of documents, required or permitted of it hereunder, and such action shall be binding on all owners in that association. Section 6.16 Minimization of Damages. In all situations arising out of this Agreement, all Parties, Owners and Occupants shall attempt to avoid and minimize the damages resulting from the conduct of that, and any other, Party, Owner or Occupant. Each Party hereto shall take all necessary measures to effectuate the provisions of this Agreement. Section 6.17 Agreement Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Agreement shall entitle any Party or Owner to cancel, rescind or otherwise terminate this Agreement. However, such limitation shall not affect in any manner any other rights or remedies which such Party may have hereunder, or at law or in equity, by reason of any such breach. Section 6.18 Documentation of Easement Locations. To the extent easements hereby granted, declared and created are not specifically defined, or are erroneously defined, with respect to location, width or elevation, any Party may prepare and document such descriptions, or such accurate descriptions, and all necessary Parties agree to execute and deliver such documentation, in recordable form, upon receipt by each such Party of information reasonably acceptable to such Party that the descriptions are accurate, complete, conform to, and are consistent with, the provisions of this Agreement. The Party requesting such documentation shall pay the cost of preparing and filing or recording such documentation. Section 6.19 Non - Exclusive Easements. The Parties hereto understand and agree that those rights and easements hereby granted and created which are non - exclusive are subject to the right of any Party whose property is subject to such non - exclusive easement to use that Party's property for similar or dissimilar uses and purposes; provided, however, that such uses shall be subject to the prior and superior rights and easements hereby granted and created. -21- Section 6.20 Arbitration. All questions, differences, disputes or controversies arising hereunder shall be settled by arbitration in accordance with the then existing rules of the American Arbitration Association. Such arbitration shall be conducted at the request of any Party before three arbitrators (unless the disputing Parties agree to one arbitrator) designated as follows: the Party requesting the arbitration shall designate in writing, within fifteen (15) days of such request, the name of an arbitrator who is a member of the American Arbitration Association and knowledgeable in the issues being arbitrated. Each of the other disputing Parties who are on the same side in the dispute shall make a similar designation within the same period of time. Within twenty (20) days after the designation as aforesaid, the arbitrators so designated shall select and designate one additional arbitrator knowledgeable in the issues being arbitrated. In the event the arbitrators designated by the Party or Parties are unable to agree upon an additional arbitrator, then the additional arbitrator shall be designated by the Chief Judge of the District Court of Hennepin County as soon thereafter as possible. A majority of the arbitrators designated and acting under this Agreement shall make the award; provided, however, if a majority of the arbitrators cannot agree upon the award, then the decision of the arbitrator chosen by those selected by the Parties, or by the said Chief Judge, shall control. Any such award shall be binding upon the Parties and enforceable by any court exercising jurisdiction over the Parties. Each Party involved in the arbitration shall bear equally the expense of arbitration proceedings conducted hereunder (other than witness fees and attorneys' fees). All arbitration proceedings hereunder shall be conducted in the Minneapolis -St. Paul metropolitan area. Section 6.21 Captions; Section Preambles. The captions herein are inserted only for reference, and in no way define, limit or describe the scope of this Agreement, or the meaning of any provision hereof. The statement in each Section preamble in Article II that the easements are "in, on, over and under" a Lot shall control unless an easement is limited as to location by a lettered paragraph, in which case the limitation shall control. Section 6.22 Liberal Construction. The provisions of this Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the ownership and operation of a first -class grouping of office, hotel and residential apartment and condominium buildings and public park on said plat of Edinborough Addition. Specifically and irrevocably, the Parties and the Owners and Occupants, and the successors, assigns, heirs, and personal representatives of any .or all of them, including any person having an interest in the Improvements, hereby waive and give up any right to contest or challenge the easements, restrictions, covenants, and conditions set forth in this Agreement for reasons based solely on the passage of time. . Section 6.23 Mutual Best Interests. Not all matters governing the relations between the Parties have been set forth herein. It is the -22- intention that all of the easements hereby created and granted are to be used and operated in a manner consistent with the best interests of all Parties, Owners and Occupants. To this end, whenever a matter arises which is not covered by this Agreement, such matter will be resolved, to the extent possible, in a manner which will be in the best interests of all Parties, Owners and Occupants and not for the special benefit of any Party or particular Owners or Occupants or class of Owners or Occupants. Section 6.24 Errors. Wherever a question arises as to the rights or obligations of any Party, Owner or Occupant herein, and such question arises due to an error in the Agreement, or any exhibit hereto, the Parties agree to amend this Agreement to correct such error. Section 6.25 Quit Claim Deed. All Parties agree to execute and deliver a quit claim deed, in recordable form, to the Apartment Building and Apartment Building Lot, Hotel and Hotel Lot, or Park and Park Lot, as the case may be, as to which any easement created by this Agreement has been terminated, such deed to be for the purposes of evidencing of record the termination of such easement. The recording costs of such deed shall be paid by the grantee therein. As to any future condominium of the Improvements, the grantee shall be the association of that condominium, as the case may be, and such designation of the grantee shall be only for the purpose of releasing the easement in favor of all unit owners in that condominium. Section 6.26 Remain Standing. For purposes of this Agreement, any of the Improvements shall be deemed to remain standing even if demolished or removed, but only if replaced with due diligence and as soon as reasonably possible with a similar improvement for the same use. ARTICLE VII RUNNING COVENANTS: SUCCESSORS AND ASSIGNS Section 7.1 Running Covenants. The easements hereby granted, declared and created, and the provisions hereof, shall run with each and all of the Lots and every part thereof, without regard to technical classification or designation, legal or otherwise, and be binding upon, to the fullest extent permitted by law and equity, and shall inure to the benefit of, and be enforceable (except as otherwise provided in Section 6.15 hereof) by the Parties, Owners and Occupants and their respective heirs, administrators, successors and assigns, and all present and future owners, lessees, occupiers and encumbrancers of each of the Buildings and Lots and every part thereof. Section 7.2 Liability Limitation. A. Obligations under this Agreement shall cease and terminate as follows: -23- (I) As to the respective Owners of the Apartment Building and Apartment Building Lot, Hotel and Hotel Lot, Park and Park Lot, or parts thereof separately owned, on the date such Owner is divested of record, voluntarily or involuntarily, of all title and interest in and to the Building and Lot, or part thereof, of that Owner, except for those obligations which accrued prior to the date of divestment of record; and (ii) As to any association of condominium owners hereafter created as to any of the Buildings, or parts thereof, on the date all members of the association, are divested of record of all title and interest in and to all condominium units in the condominium governed by the association, except for those obligations which accrued prior to the date of divestment of record. B. All future owners of the Apartment Building and Apartment Building Lot, Hotel and Hotel Lot, Park and Park Lot, or any parts of either thereof, and all future associations of owners of condominium units in the Improvements, without further act or deed of any person, shall be deemed to have assumed and agreed to keep and perform the obligations of a Party hereunder to the extent they accrue during the period after such owners become such owners of record, and such association has such condominium unit owners of record, and until their respective obligations cease and terminate as provided in paragraph A of this Section. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By And Its Its By. Its -24- And Its EDINA PARR PLAZA ASSOCIATES LIMITED PARTNERSHIP By Partners for Senior Communities, Inc., its general partner By. Its STATE OF MINNESOTA) ) as. COUNTY OF HENNEPIN) On this day of , 1989, before me appeared and , to me personally known, who being by me duly affirmed, did say that they are the and , respectively, of the Housing and Redevelopment Authority of Edina, Minnesota; and said and acknowledged, respectively, the instrument to be the free act and deed of the Housing and Redevelopment Authority of Edina, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1989. My Commission expires STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this _ day of , 1989, before me a Notary Public within and for said County, personally appeared and , to me personally known, who being by me duly sworn, did say that they are the and , respectively, of , a , and that said instrument was signed on behalf of said by authority of its governing body, and that said and acknowledged said instrument to be the free act and deed of said -25- IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1989. Notary Public STATE OF ) ss. COUNTY OF On this day of 1 1989, before me a Notary Public within and for said County, personally appeared and to me personally known, who being by me duly sworn, did say that they are the and , respectively, of Partners for Senior Communities, an Illinois corporation, the General Partner of Edina Park Plaza Associates Limited Partnership, a limited partnership, and that said instrument was signed on behalf of said corporation by authority of its governing body, and that said and acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 1989. This instrument was drafted by: DORSEY & WHITNEY - (TSE) 2200 First Bank Place East Minneapolis, Minnesota 55402 (612) 340 -2600 -26- Notary Public CONSENT AND SUBORDINATION [Here is to be added a consent and subordination for mortgagee of Apartment Building and Apartment Building Lot] EXHIBIT A (Location of Parking Facility on Hotel Lot) EXHIBIT B (Tramway /Service Drive Easement on the Park Lot for the Hotel Lot) EXHIBIT C (Sidewalk Easements on Hotel Lot) EXHIBIT D (Parking Areas on Hotel Lot, Location of "Hotel Use Only" Spaces) EXHIBIT E (Tramway /Service Drive Easement on the Hotel Lot for the Park Lot) EXHIBIT F (Hotel Lot North of Tramway for Park Use) EXHIBIT G (Encroachments on Hotel Lot by Apartment Building) EXHIBIT H (Access To and Drop Off by Hotel For Use During Construction of the Parking Facility) Commissioner introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE' SOUTHEAST EDINA REDEVELOPMENT PLAN; RATIFYING AND AFFIRMING. THE EXECUTION OF VARIOUS AGREEMENTS AND AUTHORIZING THE EXECUTION.OF VARIOUS OTHER DOCUMENTS BE IT RESOLVED.by the Board of Commissioners.of the Housing and Redevelopment Authority of Edina, Minnesota - - ( the "HRA" ), as follows;, -- - - -. .1. Recitals. The HRA and the Edina City Council have previously approved a redevelopment plan, as ,defined in Minnesota Statutes, Section 469.002, subdivision' 16, designated as the Southeast -Edina Redevelopment Plan (the. "Plan "). Acting pursuant to the Plan the HRA entered into a Land Sale Agreement and Contract For Private Redevelopment (the "Contract ") with the East Edina Housing Foundation (the "Foundation ") dated on or as of August 1, 1985. The Contract was subsequently amended by Amendment No. 1 dated as of October 1, 1985 by Amendment No. 2 dated as of April 1, 1986, by Amendment No. 3 dated as of July 10, 1986, by Amendment No. 4 dated as of October 6, 1986 and by Amendment No. 5 dated as of February 19, 1987 (together herein called the "Prior Amendments "). It is now proposed that.the Contract` be further amended by Amendment No. 6.and by the Hotel Redevelopment Agreement dated as of May 15, 1989 (the "Current Amendments ") and the Current Amendments -have been presented to and reviewed by the HRA. 2. Ratification, Execution and Delivery. The execution and delivery of the Contract and Prior Amendments by the officers executing the same on behalf of the HRA is hereby ratified and affirmed. 3. Authorization for Execution and Delivery of Further Documents. The form of the Current Amendments is hereby approved subject to such modifications as are deemed appropriate and approved by the attorney for the HRA and the Executive Director of the HRA, which approval shall be conclusively evidenced by the execution of the Current Amendments by any two officers of the HRA. Any two officers of the HRA are directed to execute and deliver. the Current Amendments. Any two officers of the HRA are also authorized and directed to execute and deliver such other instruments, and take such other action, as may be required to accomplish the transactions contemplated herein and by the Current Amendments, including but .not limited to any amendments or supplements to the Contract, as amended, and other agreements, as may be necessary to accomplish the transactions contemplated by the Current. Amendments. The execution of any such amendments, supplements or agreements by any two officers of the HRA shall be conclusive evidence of the approval of such documents by the HRA in accordance with this Resolution. Dated this day of May, 1989. - - — Chairman Attest: Executive Director The motion for the adoption of the foregoing resolution was duly seconded by Commissioner , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same:. whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. I, the undersigned, being the Executive Director of the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), hereby certify.that I am the recording officer for. the HRA.and that attached hereto is a true and correct copy.of a resolution entitled "Resolution Relating to the Southeast Edina Redevelopment Plan; Ratifying and Affirming the Execution of Various Agreements and Authorizing the'-Execution of Various Other Documents," adopted by the Board of Commissioners of the HRA -. -at- a meeting duly called and -held -by the Board of Commissioners on May 1989. . WITNESS my hand as such recording officer this day of May, 1989. Executive Director Ja )J. Tp Cc�LKI �llr(Yf HRA /Council I. 7635 Edinborough Way, #5201 Edina, Minnesota 55435 May 12, 1989 URGENT - CIRCULATE IMMEDIATELY The Council Members of The Edina City Council Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 RE: The Proposed Hotel Construction at Edinborough Dear Council Members: I am a resident of the condomimiums at Edinborough. I am strongly against the construction of a hotel at Edinborough. The driving concept behind the Edinborough condominiums was to bring young families into Edina. As a parent of a small child living in Edinborough, I hate to see hotel strangers free to roam around the grounds of Edinborough because they are staying temporarily in the complex. By construction of a hotel here, there will be a continuous flow of transients in our complex and onto the grounds and "greenway" of our condominiums. The grounds of Edinborough are the front yard and back yard of my small child. I prefer that the condominium grounds are used by people who live here and PArp about Edinborough. There will be a hotel going up in the Centennial Lakes area next to Edinborough. That is close enough!! The original plans called for offices which are populated by people who are busy in their offices all day and go home at night. By allowing construction of a hotel at Edinborough, you will be driving away the young families that were so urgently desired by the City Planners when they constructed Edinborough!! Please carefully consider some of these thoughts before making the financial decision to allow a hotel here. THANK YOU. Sincerely, Kathi Kaup i 9 );; A. o e 4 Cn .. \N�bRPOM�dv/ IBBB REPORT /RECOMMENDATION To: Kenneth Rosland From: Craig Larsen Date: May 15, 1989 Subject: Sign Ordinance Amendment for Suites Hotels in Mixed Development District Recommendation: Adopt Sign Ordinance Amendment Info /Background: - Agenda Item # 1.D. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA El To Council Action ❑ Motion 0 Resolution ❑ Ordinance ❑ Discussion The recommended standards in the Ordinance Amendment are identical to our existing commercial signage requirements, and are the same requirements we used to evaluate.the proposed Hawthorn Suites signage. The proposed Hawthorn signs do conform to the proposed Ordinance. ORDINANCE NO. 451 -A AN ORDINANCE AMENDING ORDINANCE NO. 451 BY ADDING REGULATIONS FOR SUITES HOTELS IN THE MIXED DEVELOPMENT DISTRICT. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 5, paragraph (h) is hereby amended by adding the following subparagraph: _ (10) Suites Hotels: (a) Wall Signs: The total area of all wall signs affixed to a building shall not exceed 15% of the total area of that wall (b) Free - standing Signs: One free - standing sign for each building per street frontage. The total area of a free - standing sign for a building having one street frontage shall not exceed 100 square feet. Where a building has two or more street frontages, additional permitted free - standing signs shall not exceed 50 square feet in area. The maximum height of freestanding signs shall be 25 feet. 4 MEMORANDUM TO: MAYOR Fred Richards Council Members: Peggy Kelly June Paulus Jack Rice Glenn Smith Kenneth Rosland, City Manager Gordon Hughes, Executive Director of HRA Tom Erickson, City Attorney FROM: James Van Valkenburg DATE: May 13, 1989 RE: HAWTHORN SUITES HOTEL HRA /Council I. I. address this memo to you as members of the Edina Council and Edina HRA regarding the various concerns expressed by members of the Council and HRA. I address it to you as a representative of Edina Partnership (Hyatt, Jarvis, LaSalle, Laukka.and Winfield) and of Hawthorn Suites. 1. LIQUOR: There is complete agreement that there will be no sales of liquor, none given away, and that there will be full compliance with all Statutes and Ordinances. See Paragraph 19 to Amendment #4 to the Foundation Contract, and Amendment 7 to the HRA Contract attached. 2. PARKING RAMP: See Paragraph 3.5 of the Easement Agreement which indicates that it will not be enclosed. and that the City or HRA wi11 build the same. Said easement also reserves 86 spaces for hotel parking and the remaining 100 for the public. 3. SIGN ORDINANCE AND LIMITS: In the Amendments 4 and 7 to Foundation and HRA contracts, at Paragraph 6d it is clear that the already existing requirements of "PC -3 Commercial District" shall be amended to include hotels and that the signage shall be consistent in color, design and materials with the other signs in the Edinborough Development. 4. EASEMENTS: Exhibit "C" is an Easement document giving various easements for parking, tying the buildings together for roof support and building support, and entrance to and from the park and the hotel. 5. ROOM RATES AND DEFINITION OF HOTEL SUITES: In the documents there is provision for an amendment to the City Zoning Ordinance to permit a suite hotel to be defined in the Ordinance substantially as follows: "A hotel in which at least '80% of the guest rooms are 2 room suites containing at least 400 square feet of gross floor area" and it shall contain not less than 142 suites. The definition of "average annual room rent" will recognize the room revenue (after commissions to travel agents, trade discounts and the like) divided by the actual occupancy ". 6, OPTION TO REPURCHASE: It is understood that the option to repurchase in favor of the City and /or HRA will expire when the building construc- tion commences. 7. GARBAGE AND TRASH PICKUP: This is designed in the plans and specs for the hotel so that there will be recycling and trash pickup from dumpsters, all of which will be stored within the hotel itself and not in the public view. In addition the service door is angled to reduce its impact. The entire service area is bermed, screened, and heavily landscaped to obstruct any view by the public. 8. TAX INCREMENT MONEY: There will be no monies coming from the tax increment bonds and of course this is within the tax increment district and thus the increase in taxes will go to pay those existing bonds. -2- 9. USE OF PARK: In Paragraph 5(1) of the Covenants there is a provision that each hotel suite will pay $15 a month for the use of the park in a manner similar to that required of members and occupants of the condos. However, the Park maintenance fee due from the hotel will increase over time based on the greater of P.I. (Price Index) or average increase in room rates of the hotel. 10. INTEGRITY OF DESIGN: It is my understanding that Mr. Jarvis as the representa- tive of the City and HRA has approved the design` and indicates that it does integrate properly with the balance of the Edinborough Development (see attached letter). The matter will be presented to you on May 15, 1989, and certainly if there are any questions we will answer them for you at the time of the hearing. It is our request that the documents and concept be approved with the understanding that if there are any further adjustments to the language in any of the documents, that that will be delegated to the City Manager and HRA Director. If for any unforeseen circumstance agreement cannot be reached on a particular provision, then the issue could come back to the City Council and HRA for resolution of that issue or detail. There are many documents and Tom Erickson and our legal advisors continue to work diligently to reach agreement on language and concepts. This will be accomplished shortly as all parties are anxious for this project to start and become operational. Thank you for your consideration. James Van Valkenburg -3- V agreed that the provisions of thishm ement and the exhibits here +a shall control over, and shall be an amendment of, aqq terms, conditions or provisions of the Contracts which are contrary to, or inconsistent with, the provisions of thi reemen Attached hereto as Exhibit B and hereby made a part hereof are Articles I, II, III, IV, VI, VIII, IX, R, XI, XII and xiII,_Sections S.1(b) and (c). Section 5.5 and Section 5.6. Exhibit F to the HRA Contract. and Amendment No. 1 (to BRA Contract) and Amendment No. 6 (to HBA Contract) of the BRA Contract. Attached hereto as Exhibit F and hereby made a part hereof are Articles I, II, III, IV, VI, VIII, Is Ze XI, XII, XVI and XVII, and Amendment No. 1 (to Foundation Contract) and Amendment No. 2 (to Foundation Contract) and Amendment No. 3 (to Foundation Contract) of the Foundation Contract. Subject to the first sentence of this paragraph, the terms and conditions of those Articles and Amendments shall be and remain in full force and effect. 19. Serving of Liquor. Redeveloper and Assignee understand and agree to comply with the City ordinances and state statutes, as nov existing and as hereafter amended, relating to intoxicating liquor ( "liquor"), non - intoxicating salt liquor ( "beer ") and vine (as such terms are defined by City ordinances). Redeveloper and Assignee also accept and agree vith the opinion of the City and its counsel that complimentary liquor, beer or vine cannot now be served to Hotel guests or others as an enticementjk#ad spec ically, yithout limitations. no complimentary beer, vine and liquorKvillge served b_v ledeveloner or Aeaienee= or any owner lessee or operator o to Hotel guests or others during the hors d'oeuvre time at the Hotel. The foregoing commitment is based on the understanding that if the said ordinances or statutes, or the opinion of the City and its counsel, change in the future, or if the City permits the service of beer, vine or liquor to hotel guests by other hotels in the City, Redeveloper and Assignee will be entitled to change their operations but subject to compliance with, and they hereby agree to comply with, the then existing City ordinances and state statutes, and the opinion of the City and its counsel relative thereto. 20. Survival. The terms and provisions of this &BLS shall survive the closing of the sale of Lot 1 and the conveyance of Lot 1 by the BRA pursuant hereto, and shall continue in full force and effect AUL be enforceable after, and notwithstanding, such closing and conveyance. 21. Counterparts. This &Eeem_ent may be executed in one or more counterparts, all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This Agreement, with all exhibits hereto, constitutes the complete agreement between the parties relative to Lot 1 and the Hotel. There are no verbal or prior agreements that change this Agreement or any exhibits, and no waiver of any terms of this Agreement or any exhibit will be effective unless in writing executed by the parties hereto. -11- (b) Amendment by the City of the applicable zoning ordinances of the City, to permit a "suites hotel" (to be defined in the ordinance amendment substantially as follows: "a hotel in which at least 80x of the guest rooms are tvo -room suites containing at least 400 square feet of gross floor area "A on Lot 1; (c) Approval of the Construction Plans for the Hotel by the BRA pursuant to the BRA Contract (d) Amendment by the City of the applicable sign ordinances of the City to impose on the Hotel the same signage requirements as now imposed in the PC -3 Commercial District (as defined in the City zoning ordinances) of the City, and, in addition, a requirement that the Hotel signage be consistent in color, design and materials with the other signs in the Edinborough development; AUL 7. Abstracts and Title. (a) The BRA and Foundation shall have no obligation or liability to deliver any abstracts, title insurance commitments or other evidence of title or ovnership of any kind; any abstracts or title or ovnership evidence desired by Redeveloper shall be purchased at the sole expense of Redeveloper. (b) Any conveyance to be made by the BRA pursuant to the Contracts, as hereby amended, shall be made by the BBAA pur uaat to a Redevelopment Property Deed substantially in the same form Exhibit 6 attached hereto and hereby made a part hereof. (c) The BRA and Foundation shall have no obligation to cure or remove any title defects or title objections existing or claimed to exist as to Lot 1, and Redeveloper agrees to accept title to said Lot 1 in its "as is" condition. In addition, the Redevelopment Property Deed shall be subject to the encumbrances (the "Permitted Encumbrances ") listed on Exhibit A attached hereto and hereby made a part hereof. S. Closinx Documents. On the Closing Date the folloving documents, in form and substance reasonably acceptable to the BRA and Foundation, shall be duly executed as necessary and delivered: (a) An Opinion of Counsel for the Assignee addressed to the BRA and Foundation (modified as necessary to fit the Assignee, if assignment is made pursuant to paragraph 16 hereof and approved pursuant to paragraph 6(a) hereof); -5- MAY 12 '89 11:13 REALTY SERVICES ttJ111111T 700 THIRD STREET SOLR►1 March 29, 1989 Mr. Craig Larsen, Director Planning Department City of Edina 4801 West 50th Street Edina, MN 55424 RE: HAWTHORF( SUITES PROPOSAL EDINBOROUGH Dear Mr. Larsen: Tdw 14 13 PIANNINO TRANSPORTATION URNBA DE$G MINNEAPOL IS. MINNESOTA sU15 PH ONI: 412/370.0700 FAX: GIPJ3? .1378 During the course of the past three months, representatives of our firm who were directly involved in the Edinborough project have reviewed, at the City's request, the proposed plans for a Hawthorn Suites hotel to be developed on the remaining undeveloped site at Edinborough. We have met with City staff, the developer, and the developer's architect, and have reviewed the proposal to determine its consistency with the planning and architectural "sirit" established by the first phase of Edinborough. p The most recent plans for the proposed hotel, dated March 27, 1989, show a seven -story building which is sited adjacent to, and attached to, the enclosed park. The building mass is stepped at the west end in a fashion which is sympathetic to the massing of the Edinborough project as a whole. The proposed exterior materials and architectural details are consistent with those established by the first phase of Edinborough. The ro osed face bricks and architectural metals will match those employed in Phase I; window patterns and types are similar to Edina Park Plaza; and the project repeats the gabled roof and pointed arch motif employed in Phase 1. In summary, BRW feels the current proposal is consistent with the oals Of the Edinborough project. We recommend its approval. g Sincerely, 1. l/ I .- ' - r..---- - - - -.. - -- • –­ — -m ucr ~ F. MWaFM WOL -ELQ .WMi , OARONIR. W OR" POIR RW AMIO(Q BYYEi1BOM _ Am 8 YpNMNgI► R CK4A p PI«y OAIE N. J GAROND THOM L! I MMOLL CRAIG A. AW WS A DONALD I. MW OENNag d MINNEAPOLIS DENVER RMIFF JEFF V L• Beam RALPH C- 6LW WO L. GRAWm PHOENIX TUCSON ST PETERSBURG RRA /Council 1. 7635 Edinborough Way, #5201 Edina, Minnesota 55435 May 12, 1989 URGENT - CIRCULATE IMMEDIATELY The Council Members of The Edina City Council Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 RE: The Proposed Hotel Construction at Edinborough Dear Council Members: I am a resident of the condomimiums at Edinborough. I am strongly against, the construction of a hotel at Edinborough. The driving concept behind the Edinborough condominiums was to bring young families into Edina. As a parent of a small child living in Edinborough, I hate to see hotel strangers free to roam around the grounds of Edinborough because they are staying temporarily in the complex. By construction of a hotel here, there will be a continuous flow of transients in our complex and onto the grounds and "greenway" of our condominiums. The grounds of Edinborough are the front yard and back yard of my small child. I prefer that the condominium grounds are used by people who live here and care about Edinborough. There will be a hotel going up in the Centennial Lakes area "next to Edinborough. That is close enough!! The original plans called for offices which are populated by people who are busy in their offices all day and go home at night. By allowing construction of a hotel at Edinborough, you will be driving away the young families that were so urgently desired by the City Planners when they constructed Edinborough!! Please carefully consider some of these thoughts before making the financial decision to allow a hotel here. THANK YOU. Sincerely, Kathi Kaup i �� I 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202)857 -0700 3,GBACECHURCH STREET LONDON EC3V OAT, ENGLAND 01- 929 -3334 36, RUE TRONCBET 75009 PARIS, FRANCE 01 -42- 66-59 -49 FAR EAST FINANCE CENTER HONG KONG 852 -5- 8612555 1 DonS;EY & WHITNEY A PAHTNHH9 tl1P2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612 ) 340 -2600 TELEX 29 -0605 FAX(612)340 -2868 May 11, 1989 Ms. Marcella Daehn City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Marcella: 340 FIRST NATIONAL BANK BUILDING ROCHBSTBR, MINNESOTA 85903 (807)288 -3156 315 FIRST NATIONAL BANK BUILDING WAYZATA,MINNBSOTA 55391 (612)475-0373 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406)252 -3800 201 DAVIDSON BUILDING GREAT FALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406)721 -6025 Enclosed for Monday's HRA and City Council meeting are the following items: JPG:cmn Enclosures 1. Form of Amendment .,to 50,th : & France. Redevelopment Plan; 2. Resolution of HRA approving amendment to Redevelopment Plan; 3. Resolution of the City Council approving amendment to Redevelopment Plan; and 4. Letter from Tom Erickson to Gordon Hughes relating to the Superamerica station. If you have any questions, please give me a call. Yours truly, Je ome P illigan t HRA /Council II.A 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA Table of Contents I. Introduction A. Recitals and Statement of Authority B. Definitions II. Description of.Improvements III. Financing of Improvements IV. Estimate of Fiscal and Economic Impact of 1989 Amendment A. Present Status of District B. If Costs of Improvements Not Paid For With Tax Increment C. If Costs of Improvements Paid With Tax Increment V. Additional Amendments to Plan VI. Original Plan I f I. INTRODUCTION A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously approved the 50th & France Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 469.174, subdivision 9. It has been proposed that the HRA construct additional public improvements in the area subject to the Redevelopment Plan and finance all or a portion of the cost of such public improvements with tax increments. This 1989 Amendment supplements and amends the 50th & France Redevelopment Plan to authorize the expenditure of tax increment revenues to finance such public improvements. This 1989 Amendment does not enlarge the tax increment financing district established by the 50th & France Redevelopment Plan. This 1989 Amendment is established by action of the Commissioners of the HRA and the City Council of the City, pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Section 469.175, subdivision 4, and this 1989 Amendment is approved by such bodies pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Section 469.175, subdivision 4. B. Definitions. Each of the words and terms defined in this Section shall for all purposes of this 1989 Amendment, have the meanings given to them in this Section: "City" means the City of Edina, Hennepin County, Minnesota. "District" means the existing tax increment financing district created by the Plan and designated by Hennepin County as number 1200. "HRA" means the Housing and Redevelopment Authority of Edina, Minnesota. "Improvements" means the public improvements to be undertaken in the Plan Area as described in Section II hereof. "1989 Amendment" means this 1989 Amendment to the 50th & France Redevelopment Plan. "Original Plan" means the 50th & France Redevelopment Plan, as hereto amended and supplemented by the HRA and the City Council pursuant to law. "Plan" means the Original Plan as supplemented and amended by this 1989 Amendment and as further supplemented and amended from time to time by the HRA and City Council. "Plan Area" means the area in the City subject to the Plan. .r "Tax Increment" means tax increment payable to the HRA from the District in accordance with Minnesota Statutes, Section 469.04 -2. II. DESCRIPTION OF IMPROVEMENTS The Improvements include the following public improvements in the Plan Area: a. sidewalk renovation; b. signage upgrade; C. parking ramp renovation- painting and interior lighting; d. landscape upgrade; e. replacement of street furnishings; f. pedestrian lighting; and g. Carillon Tower and Krosk upgrade. The total cost of the Improvements (including administrative expenses of the City and HRA) is estimated to be $750,000. III. FINANCING OF IMPROVEMENTS The use of Tax Increment to pay the costs of the Improvements is hereby authorized. Such costs may be paid directly from Tax Increment, or may be paid indirectly from Tax Increment, by the payment of debt service on a loan or loans made by the City to the HRA to finance such cost. Any such loan made by the City will be repaid, with interest, from the Tax Increment. Other than the loan or loans from the City to the HRA, it is not expected that any obligations will be issued by the City or HRA to finance the costs of the Improvements. Any portion of the costs of the Improvements not paid from Tax Increment will be paid from special assessments levied upon benefited properties. IV. ESTIMATE OF FISCAL AND ECONOMIC IMPACT OF 1989 AMENDMENT The estimate of the HRA of the fiscal and economic impact of the 1989 Amendment is as follows: A. Present Status of District. The present captured gross tax capacity of the District is $860,947. Property within the District has a total tax capacity rate of 87.84 for taxes payable in 1989. This captured gross tax capacity rate will produce Tax Increment in the amount of $756,256 from taxes payable in 1989. The breakdown of this total tax capacity rate by taxing jurisdictions and the breakdown of Tax Increment to be received from taxes payable in 1989 attributable to the tax capacity rate of the taxing jurisdictions is as follows: -2- Taxing Jurisdictions Hennepin County City of Edina I.S.D. No. 273 (Edina) I.S.D. No. 287 (AVTI) Misc. Metropolitan Other TOTAL Tax Increment Tax Capacity to be Received Rate in 1989 27.101 $233,325 9.887 85,122 43.757 376,725 1.223 10,529 5.797 49,909 .075 646 87.84 $756,256 B. If Costs of Improvements Not Paid For With Tax Increment. If no cost of the Improvements is paid for with Tax Increment and no other additional expenditures of Tax Increment are hereafter approved by the HRA, it is estimated that using a 2% inflation rate, all presently outstanding bonds and loans payable from the Tax Increment to be derived from the District will be paid in full (or funds will be on hand sufficient to pay such bonds or loans in full) by 1991. At such time the District will be terminated by the HRA and the captured tax capacity of the District will be available for taxation by the various taxing jurisdictions. C. If Total Cost of Improvements Paid With Tax Increment. If all of the costs of the Improvements are paid from Tax Increment and no other additional expenditures of Tax Increment are hereafter approved by the HRA, it is estimated that using a 2% inflation rate the District will stay in existence approximately one -year longer than set forth in paragraph B above. Which results in the captured tax capacity of the District not being available for taxation by the various taxing jurisdictions during such additional period. V. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to further amend or modify the Plan by their joint action, subject to the provisions of state law regulating such action. VI. ORIGINAL PLAN The Original Plan except to the extent and provisions thereof are explicitly amended or supplemented by this 1989 Amendment shall remain in and be in full force and effect. -3- CERTIFICATE I, the undersigned, being the Executive Director of the Housing and Redevelopment Authority of Edina, Minnesota (the HRA), hereby certify that I am the recording officer for the HRA and that attached hereto is a true and correct copy of a resolution entitled "Resolution Approving the 1989 Amendment to the 50th & France Redevelopment Plan" adopted by the Board of Commissioners of the HRA at a meeting duly called and held by the Board of Commissioners on May 15, 1989. WITNESS my hand officially as such recording officer this day of May, 1989. Executive Director Commissioner introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN BE IT RESOLVED, by the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. 1989 Amendment to 50th & France Redevelopment Plan. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision 15, designated as the 50th & France Redevelopment Plan (the "Redevelopment Plan "). The Redevelopment Plan established a tax increment financing district (the "District "), the boundaries of which are coterminus with the boundaries of the area subject to the Redevelopment Plan (the "Redevelopment Plan Area "). It has been proposed that the HRA approve additional amendments to the Redevelopment Plan, designated as the 1989 Amendment to the 50th & France Redevelopment Plan (the "1989 Amendment "), which amends the Finance Plan contained in the Redevelopment Plan, to authorize the expenditure of tax increment revenues from the District to finance all or a portion of the costs of public improvements to be constructed by the HRA or the City in the Redevelopment Plan Area. 2. Approvals. The 1989 Amendment is described in the document entitled "1989 Amendment to 50th & France Redevelopment Plan" which has been presented to this Board, and the 1989 Amendment as so described is hereby approved. Dated the 15th day of May, 1989. Chairman Attest: Executive Director The motion for the adoption of the foregoing was duly seconded by Commissioner , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. -2- CERTIFICATE OF CITY CLERK I, the undersigned, being the City Clerk of the City of Edina, Minnesota (the City), hereby certify that I am the recording officer for the City and that attached hereto is a true and correct copy of a resolution entitled "Resolution Approving 1989 Amendment to the 50th & France Redevelopment Plan" adopted by the City Council of the City at a meeting duly called and held by the City Council on May 15, 1989. WITNESS my hand officially as such recording officer this day of May, 1989. City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: 1. 1989 Amendment to 50th & France Redevelopment Plan. This Council and the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") have previously approved a redevelopment plan and redevelopment project under Minnesota Statutes, Section 469.001 to 469.047, designated as the 50th & France Redevelopment Plan (the "Redevelopment Plan "). The Redevelopment Plan established a tax increment financing district (the "District "), the boundaries of which are coterminus with the boundaries of the area subject to the Redevelopment Plan (the "Redevelopment Plan Area "). At the request of the HRA, this Council held a public hearing on an amendment to the Redevelopment Plan in accordance with Minnesota Statutes, Section 469.175, subdivision 4. The amendment is described in the document entitled "1989 Amendment to the 50th & France Redevelopment Plan" (the "1989 Amendment ") which has been presented to this Council. The 1989 Amendment has been approved by the Board of Commissioners of the HRA. The 1989 Amendment amends the Finance Plan contained in the Redevelopment Plan, to authorize expenditure of tax increment revenues from the District to finance all or a portion of the costs of public improvements to be constructed by the HRA or the City in the Redevelopment Plan Area (the "Improvements "). 2. Approvals. The 1989 Amendment is hereby approved. 3. Findings Under Tax Increment Financing Act. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, it is hereby found that: (A) The Improvements in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (B) The Finance Plan contained in the Redevelopment Plan, as amended by the 1989 Amendment, conforms to the general plan for the development of the City as a whole. ,t Attest: (C) The Finance Plan contained in the Redevelopment Plan, as amended by the 1989 Amendment, will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the Redevelopment Plan Area by private enterprise. Passed by the Council this 15th day of May, 1989. Mayor City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, whose signature was attested by the City Clerk. -2- HRA /Council II.A 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN of THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA Table of Contents I. Introduction A. Recitals and Statement of Authority B. Definitions II. Description of Improvements III. Financing of Improvements IV. Estimate of Fiscal and Economic Impact of 1989 Amendment A. Present Status of District B. If Costs of Improvements Not Paid For With Tax Increment C. If Costs of Improvements Paid With Tax Increment V. Additional Amendments to Plan VI. Original Plan I. INTRODUCTION A. Recitals and Statement of Authority. The Commissioners of the HRA and the City Council have previously approved the 50th & France Redevelopment Plan, which established a tax increment financing district as defined in Minnesota Statutes, Section 469.174, subdivision 9. It has been proposed that the HRA construct additional public improvements in the area subject to the Redevelopment Plan and finance all or a portion of the cost of such public improvements with tax increments. This 1989 Amendment supplements and amends the 50th & France Redevelopment Plan to authorize the expenditure of tax increment revenues to finance such public improvements. This 1989 Amendment does not enlarge the tax increment financing district established by the 50th & France Redevelopment Plan. This 1989 Amendment is.established by action of the Commissioners of the HRA and the City Council of the City,- pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Section 469.175, subdivision 4, and this 1989 Amendment is approved'by such bodies pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Section 469.175, subdivision 4. B. Definitions. Each of the words and terms defined in this Section shall for all purposes of this 1989 Amendment, have the meanings given to them in this Section: Minnesota. "City" means the City of Edina, Hennepin County, "District" means the existing tax increment financing district created by the Plan and designated by Hennepin County as number 1200. "HRA" means the Housing and Redevelopment Authority of Edina, Minnesota. "Improvements" means the public improvements to be undertaken in the'Plan Area as described in Section II hereof. "1989 Amendment" means this 1989 Amendment to the 50th & France Redevelopment Plan. . "Original Plan" means the 50th & France Redevelopment Plan,.as hereto amended and supplemented by the HRA and the City Council pursuant to law. "Plan" means the Original Plan as supplemented and amended by this 1989 Amendment and as further supplemented and amended from time to time by the HRA and City Council. the Plan. "Plan Area" means the area in the City subject to "Tax Increment" means tax increment payable to the HRA from the District in accordance with Minnesota Statutes, Section 469.042. II. DESCRIPTION OF IMPROVEMENTS The Improvements include the following public improvements in the Plan Area: a. sidewalk renovation; b. signage upgrade; C. parking ramp renovation - painting and interior lighting; d. landscape upgrade; e. replacement of street furnishings; f. pedestrian lighting; and g. Carillon Tower and Krosk upgrade. The total cost of the Improvements (including administrative expenses of the City and HRA) is estimated to be $750,000. III. FINANCING OF IMPROVEMENTS The use of Tax Increment to pay the costs of the Improvements is hereby authorized. Such costs may be paid directly from Tax Increment, or may be paid indirectly from Tax Increment, by the payment of debt service on a loan or loans made by the City to the HRA to finance such cost. Any such loan made by the City will be repaid, with interest, from the Tax Increment. Other than the loan or loans from the City to the HRA, it is not expected that any.obligations will be issued by the City or HRA to finance the costs of the Improvements. Any portion of the costs of the Improvements not paid from Tax Increment will be paid from special assessments levied upon benefited properties. IV. ESTIMATE OF FISCAL AND ECONOMIC IMPACT OF 1989 AMENDMENT The estimate of the HRA of the fiscal and economic impact of the 1989 Amendment is as follows: A. Present Status of District. The present captured gross tax capacity of the District is $860,947. Property within the District has a total tax capacity rate of 87.84 for taxes payable in 1989. This captured gross tax capacity rate will produce Tax Increment in the amount of $756,256 from taxes payable in 1989. The breakdown of this total tax capacity rate by taxing jurisdictions and the breakdown of Tax Increment to be received from taxes payable in 1989 attributable to the tax capacity rate of the taxing jurisdictions is as follows: -2- Taxing Jurisdictions Hennepin County City of Edina I.S.D. No. 273 (Edina) I.S.D. No. 287 (AVTI) Misc. Metropolitan Other TOTAL Tax Capacity Rate Tax Increment to be Received in 1989 27.101 $233,325 9.887 85,122 43.757 376,725 1.223 10,529 5.797 49,909 .075 646 87.84 $756,256 B. If Costs of Improvements Not Paid For With Tax Increment. If no cost of the Improvements is paid for with Tax Increment and no other additional expenditures of- Tax Increment are hereafter approved by the HRA, it is estimated that using a 20 inflation rate, all presently outstanding bonds and loans payable from the Tax Increment to be derived from the District will be paid in full (or funds will be on hand sufficient to pay such bonds or loans in full) by 1991. At such time the District will be terminated by the HRA,and the captured tax capacity of the District will be available for taxation by the various taxing jurisdictions. C. If Total Cost of Improvements Paid With Tax Increment. If all of the costs of the Improvements are paid from Tax Increment and no other additional expenditures of Tax Increment are hereafter approved by the HRA, it is estimated that using a 2t inflation rate the District will stay in existence approximately one -year longer than set forth in paragraph B above. Which results in the captured tax capacity of the District not being available for taxation by the various taxing jurisdictions during such additional period. V. ADDITIONAL AMENDMENTS TO PLAN The City and the HRA reserve the right to further amend or modify the Plan by their joint action, subject to the provisions of state law regulating such action. VI. ORIGINAL PLAN The Original Plan except to the extent and provisions thereof are explicitly amended or supplemented by this 1989 Amendment shall remain in and be in full force and effect. me Commissioner introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN BE IT RESOLVED, by the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA "), as follows: 1. 1989 Amendment to 50th & France Redevelopment Plan. The HRA and the Edina City Council have previously approved a redevelopment plan, as defined in Minnesota Statutes, Section 462.421, subdivision'15, designated as the 50th & France Redevelopment Plan (the "Redevelopment Plan "). The Redevelopment Plan established a tax increment financing district (the "District "), the boundaries of which are coterminus with the boundaries of the area subject to the Redevelopment Plan (the "Redevelopment Plan Area "). It has been proposed that the HRA approve additional amendments to the Redevelopment Plan, designated as the 1989 Amendment to the 50th & France Redevelopment Plan (the "1989 Amendment "), which amends the Finance Plan contained in the Redevelopment Plan, to authorize the expenditure of tax increment revenues from the District to finance all or a portion of the costs of public improvements to be constructed by the HRA or the City in the Redevelopment Plan Area. 2. Approvals. The 1989 Amendment is described in the document entitled "1989 Amendment to 50th & France Redevelopment'Plan" which has been presented to this Board, and the 1989 Amendment as so described is hereby approved. Attest: Dated the 15th day of May, 1989. Executive Director Chairman d The motion for the adoption of the foregoing was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted and was signed by the Chairman and his signature attested by the Executive Director. C'AI ' y Member introduced the following resolution and moved,its adoption: RESOLUTION APPROVING 1989 AMENDMENT TO THE 50TH & FRANCE REDEVELOPMENT PLAN BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: 1. 1989 Amendment to 50th & France Redevelopment Plan. This Council and the Housing and Redevelopment Authority of Edina, Minnesota (the "HRA ") have previously approved a redevelopment plan and redevelopment project under Minnesota Statutes, Section 469.001 to 469.047, designated as the 50th & France Redevelopment Plan (the "Redevelopment Plan "). The Redevelopment Plan established a tax increment financing district (the "District "), the boundaries of which are coterminus with the boundaries of the area subject to the Redevelopment Plan (the "Redevelopment Plan Area "). At the request of the HRA, this Council held a public hearing on an amendment to the Redevelopment Plan in accordance with Minnesota Statutes, Section 469.175, subdivision 4. The amendment is described in the document entitled. "1989 Amendment to the 50th & France Redevelopment Plan" (the "1989 Amendment ") which has been presented to this Council. The 1989 Amendment has been approved by the Board of Commissioners of the HRA. The 1989 Amendment amends the Finance Plan contained in the Redevelopment Plan, to authorize expenditure of tax increment revenues from the District to finance all or a portion of the costs of public improvements to be constructed by the HRA or the City in the Redevelopment Plan Area (the "Improvements "). 2. Approvals. The 1989 Amendment is hereby approved. 3. Findings Under Tax Increment Financing Act. Pursuant to Minnesota Statutes, Section 469.175, subdivision 3, it is hereby found that: (A) The Improvements in the opinion of this Council would not occur solely through private investment within the reasonably foreseeable future and therefor the use of tax increment financing is deemed necessary. (B) The Finance Plan contained in the Redevelopment Plan, as amended by the 1989 Amendment, conforms to the general plan for the development of the City as a whole. r (C) The Finance Plan contained in the Redevelopment Plan, as amended by the 1989 Amendment; will afford maximum opportunity consistent with the sound needs of the City as a whole for the development of the Redevelopment Plan Area by private enterprise. Passed by the Council this 15th day of May, 1989. Mayor Attest: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and.was signed by the Mayor, whose signature was attested by the City Clerk. -2- X c-'rf wr o e -$` Cn O ' • �N�bnronwtb�/ lase REPORT /RECOMMENDATION To: Mayor & City Council & HRA From: Francis Hoffman City Engineer Date: 15 May, 1989 Subject: 50th & France Business District Renovation Improvement 89 -9 Recommendation: Agenda Item # II. B. Consent ❑ Information Only ❑ Mgr. * Recommends 0 To HRA To Council Action 0 Motion ❑ Resolution ❑ - Ordinance ❑ Discussion Authorize Improvement Project 89 -9 for 50th & France Business District. Info /Background: The Council and HRA has set a hearing for May 15th to consider renovation of items listed in the attached notice of public hearing. The HRA earlier agreed to finance eighty percent of the renovation. The balance of the funds would be proposed to be assessed to the 50th & France Business District. The estimated rate of assessment would be forty -five cents per square foot of building area. The estimated total amount to be assessed is $132,000.00. The staff will make a short slide presentation on Monday to indicate what would be done and show slides of the suggested replacement materials on the sidewalks and pavers. The staff has received some phone calls concerned with all the different construction activities in the 50th & France Business Area in 1988, (south ramp and theater) proposed for 1989 (renovation) and potentially 1990 (new ramp). The concern revolves around the issue of disrupting business activity during construction. These calls were referred to the 50th & France Business Association. Report /Recommendation 50th & France Business District Renovation Improvement 89 -9 Page Two Additionally, the staff has reviewed the impact of this renovation on the annual maintenance assessment. The proposed forty -five cent per square foot renovation assessment over a ten year period would result in a four and one -half cents per year renovation assessment plus interest on the unpaid balance. The effect of the renovation should reduce the annual maintenance assessment by approximately three to four cents per square foot. However, please note the attached hearing notice sent out last fall regarding maintenance. Staff will be presenting a change in the Public Works budget for 1990 which will result in the 50th & France Business District paying for a portion of routine ramp maintenance costs. As such, staff would recommend the renovation project subject to comments of the Business Association as to scheduling and business disruption. L961NA J1 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 PLEASE NOTE CHANGE OF DATE DISREGARD PRIOR NOTICE. CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING 50TH & FRANCE BUSINESS DISTRICT RENOVATION The Edina City Council and Housing and Redevelopment Authority of Edina (HRA) will meet at the Edina City Hall on Monday, May 15, 1989 at 7:00 P.M. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the City and HRA as set forth below: 50TH & FRANCE BUSINESS DISTRICT RENOVATION ESTIMATED COST IMPROVEMENT 89 -9 $ 660,800.41 This project hearing involves consideration of renovation on the following: (A) Portions of Sidewalk and Tile Pavers (B) Replace some of the Bollards (Wooden.Posts) (C) Replace Trash Containers (D) Remove and Replace a Portion of Landscaping (E) Refurbish the.Kiosks and Bell Tower (F) Remove and Replace Alley Canopy east of,Belleson's (G) Consider Construction of a Canopy over the Alley on the west side of the Theater The project would be a renovation project which would be funded by HRA and special assessment. The funding split would be 80% HRA and 20% special as- sessment. The special assessment area will include the properties within the 50th & France Business District which are located in Edina. The special assessment would be estimated at $0.45 per square foot of building floor area. This project hearing is being held at the request of the property owners at 50th & France to discuss the renovation work. The primary activity on this job would be to replace the the pavers with brick pavers or colored or exposed aggregate concrete surface. If you desire additional information or wish to comment on this project please call 927 -8861 and discuss the project with Gordon Hughes, Craig Larsen or myself. Sincerely Francis J."Hoff an, P. E. Director of Public Works and City Engineer MACITY OF* EDI NA VEST 50TH STREET, EDINA. MINNESOTA 55424 tl.- -927 -8861 NOTICE OF PUBLIC HEARING. 50TH AND FRANCE MAINTENANCE AREA The Edina City Council will meet on October 3, 1988 at 7:00 P.M. in the Edina City Council Chambers at 4801 West 50th Street to discuss the annual maintenance assessment at 50th and France Commercial Area. The Council will levy the 1988 maintenance assessment proposed at 14.289 cents per square foot (the total cost being assessed is $42,158.29). Addi- tionally, the Council will discuss future maintenance assessments regarding maintenance on the parking ramps. Currently, the annual maintenance assessment includes only the costs of maintenance on the concrete and tile sidewalks, fountain, trees, shrubs, and lighting as it relates to the walkways. The construction of the new level on the 51st Street ramp is not going to be assessed to the 50th and France area. The potential additional future assessment to the 50th and France Commercial Area would include routine maintenance costs for the parking ramps to include weekly sweeping, snow removal, power costs for lighting and general maintenance of the parking structures. These costs would be offset by the parking fees collected for employee parking stickers. The resulting effect of assessing for parking ramp maintenance could cause the annual maintenance assessment to rise to twenty -five to thirty cents per square foot depending on how much snowfall occurs and parking ramp sticker sales. If you wish to discuss this issue please contact Fran Hoffman, Director of Public Works at 927 -8861 or send a letter to City Council } O e • ,\COR PORAI�O • lass P R O C L A M A T I O N WHEREAS, the Edina Students Aga i,n,6 t Drunk DA iv.ing (S.A.D.D.) =6 chahtened with the nati,onat onganizati.on in 1985, and .us an oijic,iae onganizatZon o6 Edina. High Schoot, and WHEREAS, Edina. S.A.D.D. " achieving itz 6iAzt goat to .incAea�se awanenua in the community that dA inFiing and d1 i.v.ing don't mix, and WHEREAS, 6oAmati.on ob a S.A.D.D. chapter at Edina High ha6 prompted awahenes6 and conceAn bon drunk dtiv.ing and Z6 hetping educate teenagetus about d1c i.nFii.ng and dni,v.ing, and WHEREAS, Edina S.A.D.D. had developed a pnognam c.aP.2.ed "Sa6e- nides" to pnov.ide a 6nee, zabe, 6oben tide home to .students, no que6ti.on6 a6ked; NOW, THEREFORE, I, Frederick S. Richards, Mayon o6 the City o6 Edina do hereby pnocea%m the week o6 May 29 - June 2, 1989 S.A.D.D. - DRUNK DRIVING AWARENESS WEEK in Edina and ad h ate citizens to join with the Edina S.A.D.D. memb ex6 in c.aAAying the me zage against drunk driving to att in the community and by exampZe to communicate this is out young peopte. PROCLAIMED this 15th day ob May, 1989. Fneden.ick S. Pichard,6, Mayan t_ - EDINA S.A.D.D. 6754 VALLEY VIEW ROAD EDINA, MINNESOTA 55435 612- 944 -2110 The Honorable Frederick S. Richards Mayor of the City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Mayor, I apologize for writing to you you will be able to grant a request Chapter of S.A.D.D. May 12, 1989 at such a late date, but I hope on behalf of the Edina High School For the last two years,..a week in May has been designated as "S.A.D.D. - Drunk Driving Awareness Week" in Edina. We hope you will be willing to make that designation again this year. As the third year for Edina S.A.D.D. comes to an end, we are planning two activities. We will be distributing yellow ribbons and seat belt information to the senior high school student body and faculty to show our support for and to help with the.state -wide Project Lifesaver. People are asked to put yellow ribbons on their car antennas in order to promote safe driving, particularly over.the Memorial Day weekend. We will also be displaying a wrecked car on the school grounds. from May 30th to June 2nd. The intent of this display is to encourage our fellow students to stay safe during the summer months by not drinking and driving. It is our hope that the special recognition of a S.A.D.D. WEEK, from May 29th to. June 2nd, if possible, will give our messages added weight and significance. Again, I'm sorry that this request is coming to you so late; but, on behalf of Edina S.A.D.D., I thank you for your time and for considering this request. I look forward to hearing from you. Sincerely, Larissa Koslow Edina S.A.D.D. cc: Mr. Robert Lynch, Edina H.S. Principal Mrs. Campbell, S.A.D.D. Faculty Advisor STUDENTS AGAINST DRIVING DRUNK ri 711�� Agenda Item II.A (Council) TO: City of Edina City Council FROM: Dorsey & Whitney DATE: January 29, 1987 RE: Municipal Regulation of Adult Facilities This memorandum is a summary of the constitutional limitations on the municipal regulation of "adult" facilities, i.e., facilities in the business of selling or distributing sexually explicit. materials. Unless specifically found to be obscene, sexually explicit. books, films and pictures are protected speech under the First Amendment. The protection afforded sexually explicit speech by the First Amendment is not absolute, however. Municipalities may, upon satisfaction of certain constitutional restrictions, enact regulations which directly affect the operation of adult facilities exhibiting and selling sexually explicit speech. The constitutional restrictions on the municipal regulation of adult facilities are as follows: 1) A municipality may not enact a regulation which in form or effect bans adult facilities from the community. 2) A municipality may not deny adult facilities a reasonable opportunity to locate in the community, or so severely regulate adult facilities as to render them incapable of operating in the community. 3) A municipality may not unduly burden the exercise or dissemination of sexually explicit speech at adult facilities. 4) The municipality must justify any 'regulation of adult facilities as a rational and necessary means of furthering an important government interest (such as the preservation of residential environ- ments or land values, the prevention of crime, or the protection of minors). The municipality's desire to restrict the dissemination of sexually explicit speech on the basis of its offensive nature is not a legitimate government interest, and a municipal regulation enacted primarily for the purpose of restricting sexually explicit speech will be presumed unconstitutional. The municipality must be able to show, either by a very strong rational argument or by actual proof (which may be obtained through expert testimony or M E M O R A N D U M ri 711�� Agenda Item II.A (Council) TO: City of Edina City Council FROM: Dorsey & Whitney DATE: January 29, 1987 RE: Municipal Regulation of Adult Facilities This memorandum is a summary of the constitutional limitations on the municipal regulation of "adult" facilities, i.e., facilities in the business of selling or distributing sexually explicit. materials. Unless specifically found to be obscene, sexually explicit. books, films and pictures are protected speech under the First Amendment. The protection afforded sexually explicit speech by the First Amendment is not absolute, however. Municipalities may, upon satisfaction of certain constitutional restrictions, enact regulations which directly affect the operation of adult facilities exhibiting and selling sexually explicit speech. The constitutional restrictions on the municipal regulation of adult facilities are as follows: 1) A municipality may not enact a regulation which in form or effect bans adult facilities from the community. 2) A municipality may not deny adult facilities a reasonable opportunity to locate in the community, or so severely regulate adult facilities as to render them incapable of operating in the community. 3) A municipality may not unduly burden the exercise or dissemination of sexually explicit speech at adult facilities. 4) The municipality must justify any 'regulation of adult facilities as a rational and necessary means of furthering an important government interest (such as the preservation of residential environ- ments or land values, the prevention of crime, or the protection of minors). The municipality's desire to restrict the dissemination of sexually explicit speech on the basis of its offensive nature is not a legitimate government interest, and a municipal regulation enacted primarily for the purpose of restricting sexually explicit speech will be presumed unconstitutional. The municipality must be able to show, either by a very strong rational argument or by actual proof (which may be obtained through expert testimony or from studies conducted in other communities), that the presence of unregulated adult facilities causes or is likely to cause harm to the community which is not directly related to the content of the speech at the facilities. ~ 5) The municipality must narrow the scope of its regulation and precisely define the types of facilities it subjects to regulation so as not to unnecessarily interfere with speech, even sexually explicit speech. 6) Any enforcement provision of the regulation which provides for the restraint of speech at an adult facility as a sanction for noncompliance must be made contingent upon prior court approval of its specific application. (This requirement apparently does not apply to zoning regulations, which are not considered restraints on speech.) It is not easy to predict how a court will view a particular regulation in light of the above criteria. Below is a review of the constitutional treatment of some specific types of regulations. A. Zoning. Subject to the aforementioned constitutional requirements, a municipality may use its zoning power to limit the location of adult facilities in a variety of ways. The municipality may restrict adult facilities to a "red light" district concentrated in a single area of the community, if the size and location of the district are not unduly restrictive. Alternatively, the municipality may require spacing of adult facilities to avoid their concentration in a single area. The municipality may also prevent adult facilities from locating near residential areas or other "trigger" facilities (schools, libraries, parks, etc.) for which •protection from the negative effects of adult facilities is justified. B) Advertising and Signage. Subject to the afore- mentioned constitutional criteria, a municipality may regulate advertising and signage at adult facilities so that sexually explicit language and pictures are not visible to the public. C) Operating Hours. Subject to the aforementioned constitutional requirements, a municipality could probably place some limit on the hours of e I:; e' . ., operation of adult facilities. An operating hours limitation which severely limits business volume at adult facilities would probably be found invalid, however. D) Licensing in General._ Subject to the afore- mentioneT constitutional criteria, a municipality may require licensing of adult facilities and establish licensing restrictions affecting their operation. E) Regulation of Minors' Access to Sexually Explicit Material. A municipality may, for the benefit and protection of its youth, require adult facilities to restrict the display of sexually explicit materials "obscene as to minors ", so that minors will not be exposed to the materials. F) Child Pornography. The Supreme Court has allowed the blanket prohibition of pictures or films (but not printed matter) depicting children under the age of 16 engaged in sexual acts. The above discussion is not a complete list of the options available to municipalities in regulating adult facilities in their communities. Municipalities are not limited in the types of regulations they may enact, as long as each regulation is .precisely and narrowly drafted, justified by a legitimate and demonstrated government interest, and not unduly burdensome to speech. /j as MINNES0TA 0BSCENITY LAW Apr-io^ ' 1 —OBS NF 4TH' TATS ND PE'RTrRMANCFS- T)TSTR TFTTTTON A ND E7TT?BITION_ PROL�TTED: PENS= SubdilrsioT 1 -Definitions. - For nurcoses of this section. the followinaterTM!s have the mea*++nas given them: a) " ene" means that the work, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. In order to determine that a work is obscene, the trier of fact must find: _ i) that the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex; ii) that the work depicts sexual conduct specifically defined by clause (b) in a patently offensive manner; and iii) that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. b) ".gp rn ' co-duct" means any of the following: i) An act of sexual intercourse, normal or perverted, actual, or simulated, including genital- genital, anal- genital, or oral- genital intercourse, whether between human beings or between a human being and an animaL ii) Sadcmasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing costume or the condition of being fettered, bound, or othemv -ise physically restricted on the part of one so clothed or who is nude. Iii) Masi:: bation, excretory functions, or lewd exhibitions of the ge ^ -itals including any explicit, close -up representation of a human gerita.l organ. iv) Ritysicall contact or simulated physical cont-act with the clothed or u .c_c• —*-ed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or Opposite—sex—pr—between humans and animals in an act of apparent sexual si:nula.tion or gratification. "Co= nu^ity�- means the political subdivision from which persons properly qualified to serve as jurors in a cr=i:.a.l proceeding are chosen. d) "T'$" means "material" or "performance." e) "Ma'.er'.al" means abook, maga.zi_ne, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograY h, motion picture film, videotape, script, image, instrument, statue, drawing, or other article. f) "P°- fo-^--� a -ice" means a play, motion picture, dance, or other exhibition performed before an audience. Subdivision 2. -CRIME -It is urlawiul for a person, knowing or with reason to know its content and character, t0: f a) exhibit, sell, print, offer to sell, give away, circulate, publish, distribute or attempt to distribute any obscene material; or b) produce, present, participate in, or direct an obscene performance. SLbd v4cior_ 3. - PE'NALT'v_ -A person violating subdivision 2 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both. Subdivision 4. - SECOND OR SUBSEQUENT VIOLATIONS violates the provisions of subdivision 2 within five years of a previous conviction under that subdivision is guilty of a felony and may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $10,000, or both. Sectio^ 2. - EFFECTIVE DATE - Section 1 is effective June 1, 1988, and applies to crimes committed on or after that date. 11 DISPLAY TO MINORS LAW Spcn-n 1 cr 617 293 H4T=TT AAAT7RTATS• DISSF=, AT -TON AND T)TCpT av To rATNOPS ?RnF TT I=D. Subdivts-c^ 1. — DISSEIVIDTATION —It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor: a) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is :.armful to minors, or b) Any bock, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in clause "a ", or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse whic taken as a whole, is harmful to minors. a) It is =lawful for any person commercially and knowingly to exiiibit or display any material which is harr , "ul to mirrors in its content in any place of public accommodation where minors are or may be present and wh ere minors are able to view the material unless each item is kept in a sealed wrapper at all times. b) It is ::-.:a:TU1 for any person commercially a=d knowingly to ex.'iibit or d_spLay any material the cover or packa;�- -g of w .ic. , stands g alone, is ha: r fail to minors in any place of public -- commodation w'rere minors are cr. may ce present or allowed to be present and where minors are able to view the material unless each item is clocked from view by an opaque cover. The opaque cover requireme_t is satisfied if those portions of the cover or packag°.ng containing the material harmful to minors are blocked from view by an opaque cover. c) The : r;, ssiors of this subdivision do not apply to the exhibition or display of materials harmful to minors =der c_4-_­_,=stances where minors are not present or are not able toview the material or the material's cover jr pac_ agi_^ g. A person may comply with the requirements of this paragraph by (1) physically segregating the material in a manner that physically prohibits access to and view of the material by minors, (2) promi- nently pcs`-'- & at the the entrance to the restricted area: "Adults only —you must be 18 to enter," and (3) enforc4 the restriction. cec�,_c -- 2. o F 617.296 Subd_ r=s_c^ 1. — Excert as otherwise provided in subdivision la, a violation of any provision of sections 617.291 to 617.297 is a gross misdemeanor. Sectio^ 3. of 617.296 Subdiv,s,c^ la.—PENALTY FOR DISPLAY OF HAR'VIFUL_ MATERIALS —A violation of section 617.293, subdivision 2, is a misdemeanor. Sect_n.^ a. — rF7vCTI7Tv DATE — Sections 1 to 3 are effective August 1, 1988 and apply to crimes committed on or after that date. t� ch O REPORT /RECOMMENDATION To: Kenneth Rosland Agenda Item # III. A. From: Craig Larsen ...Consent ❑ 0I Information Only ❑ Date: May 15, 1989 J t� ch O REPORT /RECOMMENDATION To: Kenneth Rosland Agenda Item # III. A. From: Craig Larsen ...Consent ❑ Information Only ❑ Date: May 15, 1989 Mgr. Recommends ❑ To HRA Subject: P-89 -2, Final 0 To Council Development Plan for SuperAmerica, Action ❑ Motion 5205 Vernon Avenue 0 Resolution ❑ Ordinance ❑ Discussion Recommendation: Approve Final Development Plan subject to: • vacation of right -of -way adjacent to Vernon Avenue • dedication of Link Road right -of -way by SuperAmerica • staff approval of final grading and landscaping plans. Info /Background: Staff has negotiated a agreement with SuperAmerica which would allow for the reconstruction of Link Road and the signalization of the Link/Vernon interchange. Key elements of the agreement are: - SuperAmerica agrees to dedicate property necessary for the realign- ment of Link Road (exhibit A). - City agrees to vacate Vernon Avenue frontage road adjacent to SuperAmerica site. (exhibit A) - SuperAmerica agrees to re- orient traffic flow consistant with City- County road plans. - City agrees to approve plans to rebuild station to respond to revised traffic flow. �.s Council approval of the Final Development Plan and street vacation will allow for the reconstruction of Link Road during 1989. Minutes of the City Council hearing ordering the improvement (June 1, 1987) and the February, 1989 staff update on the project are attached. The proposed site plan has been revised slightly since the hearing by the Planning Commission. First, the curb cut on Link Road has been moved to the east by about 30 feet. This will reduce the possibility of intersection conflicts at Link and Vernon. Due to street grade constraints this is as far to the east as the curb cut can be moved. Second, the pump island and station are moved east to work with the Link Road curb cut. This adjustment will allow for additional on -site stacking of vehicles off the Vernon Avenue access. These changes respond to concerns raised by some members of the Planning Commission. The proposed plan responds well to the planned roadway improvements to Link Road. The plan has been.reviewed and approved by the City and County Engineering Departments. f � � NUMBER -P -89 -2 All { tj L O C A T 10 N South of Vernon, northeast of Link Road REQUEST Reconstruct Station and Pump Islands EDINA PLANNING DEPARTMENT � ARTiViENT MINUTES OF THE REGULAR MEETING OF THE EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION HELD ON WEDNESDAY, APRIL 26, 1989, AT 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS MEMBERS PRESENT: Chairman, G. Johnson, J. Bailey,.H. McClelland, N. Faust, R. Hale, L. Johnson, D. Johnson,'G. Workinger, J. Palmer, V. Shaw, D. Runyan STAFF PRESENT: Craig Larsen, City Planner Jackie Hoogenakker, Secretary I. APPROVAL OF THE MINUTES: Commissioner D. Johnson moved for approval of the April 5, 1989 Community Development and Planning Commission Minutes. Commissioner McClelland seconded the motion. All voted aye. Motion carried. II. NEW BUSINESS: P -89 -2 SuperAmerica 5205 Vernon Avenue Lot 2, Block 1, Enroth's First Addn. EX St. S 1 Request: Reconstruct Service Station Mr. Larsen informed the Commission in June, 1987, the City Council authorized a project to widen Link Road and to signalize the intersection of Link and Vernon. The project requires acquisition of some SuperAmerica property, as well as reversing the traffic flow through the station. Since project authorization by the Council, .staff has been negotiating the land acquisition with SuperAmerica. Mr. Larsen pointed out the City needs to acquire a triangular piece of property on the south easterly portion of SuperAmerica containing 3,913 square feet. The staff has proposed vacating a portion of the Vernon Avenue frontage road in exchange for Link Road land. Mr. Larsen explained coincident with consideration of the right -of -way acquisition and vacation, SuperAmerica is requesting approval of a Final Development Plan for a complete reconstruction of the facility. The reconstruction responds to the reorientation of traffic flow through the facility. Mr. Larsen added the proposed building is SuperAmerica's current prototype. The exterior is face brick compared to the painted concrete block of the existing station. The building is relocated to the rear portion of the site with parking in front and on the south side. The pump islands will be rebuilt and re- oriented to the access from Vernon Avenue. The proposed plan complies with all requirements of the PCD -4 District. Mr. Larsen concluded his report by recommending approval of the Final Development. Plan subject to the following conditions: dedication of the necessary Link Road right -of -way vacation of the Vernon Avenue right -of -way acceptable landscaping and grading plans Mr. Bud Kaulp, was present representing SuperAmerica. Chairman G. Johnson asked Mr. Larsen if the plan presented was included in the original Grandview Development Plan prepared by BRW, Inc. Mr. Larsen explained the presented plan is a modified version of that plan. He added the reason for modification to the plan was to prevent condemnation of either the SuperAmerica or Amoco stations. Mr. Larsen said the proposed plans have been reviewed and approved by the Engineering Department. A discussion ensued between Mr. Larsen and the Commission regarding alignment of the roads, access and exit points at SuperAmerica and signalization. Some Commission Members felt the proposed configuration of the roadways are less than adequate and appear to be difficult to maneuver. They expressed displeasure over the modification to the original Grandview Development Plan. They pointed out Link Road is not as wide as previously presented and one of the service stations was to be removed. Mr. Bud Kaulp, told the Commission he has worked for SuperAmerica for 24 years. He added he handles it's permits and zoning issues. Mr. Kaulp said SuperAmerica believes, with what there is to work with, that this is the best plan. He explained SuperAmerica's intention with this facility is to totally raise the building and construct a new building. He explained the building would have a hip roof, and be 36 X 64 feet. Commissioner McClelland told Mr. Kaulp she sympathizes with SuperAmerica, but her concern is with the traffic flow on Link Road, or someone blocking SuperAmerica's entrance. Mr. Kaulp asked the Commission to note that the proposed road configurations and the SuperAmerica Station would be properly signed, which should minimize any problems. He added some people may not obey the signage but the majority of people would. Mr. Kaulp pointed out SuperAmerica has met all setbacks required by the City. Commissioner McClelland pointed out, when considering the plan before them, they must also assume there will be redevelopment of the Lewis Engineering and Kunz Oil sites, and possibly changes to Our Lady of Grace. These proposal possibilities will add additional traffic on Link Road, making efficient traffic flow a major consideration. Commissioner Bailey stated he agreed with Commissioner McClelland's observation, adding this area has heavy vehicle use and any additional traffic put on less than adequate roadways is not wise. Mr. Kaulp said this SuperAmerica store is one of the oldest, and is very successful. He added SuperAmerica wants to stay in this Community. Commissioner,McClelland stated SuperAmerica is not the problem, traffic flow is. Commissioner D. Johnson commented that he travels through the area in question daily and finds that traffic flows efficiently. He added he believes this proposal would move traffic more efficiently than it moves at the present time. Mr. Kaulp stated he agrees with Commissioner D. Johnson's observation. Chairman G. Johnson said he doesn't necessarily believe there is an excess amount of vehicles in the area, adding he doesn't like the configuration and turns that have to be made to get into SuperAmerica with this proposal. Chairman G. Johnson pointed out proper signage will be needed to prevent confusion within the SuperAmerica station. Commissioner McClelland stated at this time the traffic flow appears to work, so why not leave it as it is. Pat Calderon, 5404 Edenmoor Street, President of the Richmond Hills Association asked if a traffic signal is proposed for Vernon Avenue /Link Road as she was .led to believe. Chairman G. Johnson told her that is true. Commissioner Workinger asked if one reason for signalization at Vernon /Link is to provide access to Jerry's and the surrounding stores for residents of Vernon Terrace. Mr. Larsen responded that is correct. Mr. Workinger pointed out sidewalks will be needed and asked what commitment the City has made to install sidewalks. Mr. Larsen said the City is committed to sidewalks from Vernon Oaks (the new Namron apartment development on Vernon) all the way to Interlachen Boulevard. Mr. Workinger suggested that sidewalks should be installed on the Jerry's side of Vernon Avenue to prevent pedestrian accidents. Mr. Larsen acknowledged that is a good idea. He added it may be possible for the City to install a section of sidewalk that would enable pedestrians to get to Jerry's parking lot. Commissioner L. Johnson asked if the City will be responsible for the maintenance of the service road in front of the medical clinic office. He pointed out it is a dead end road with no turn around, and maintenance could be difficult. Mr. Larsen agreed maintenance could be difficult. Mr. Larsen said the clinic and the car wash have agreed with the preliminary plans. Commissioner Bailey said trying to move all the traffic through Link Road, and closing Eden Avenue could create traffic congestion and problems. He suggested not implementing any changes unless it is absolutely necessary. Mr. Larsen told the Commission the City is committed to install a signal at Link/Vernon. The City has acknowledged the fact that 53rd and Eden Circle is not a desirable situation, and the City has committed to the neighborhood, to do what can be done, to eliminate the problems that occur. He said the proposed plan reflects these commitments. Mr. Larsen pointed out the Commission can recommend what they choose as conditions to approval. Mr. Larsen explained the issue before the them this evening is the rebuild of SuperAmerica, not traffic issues. Pat Calderon, resident, told the Board the intersection on Eden Avenue is already terrible, and any relief is welcome. Eden Avenue needs to be closed or a traffic signal should be installed. She stressed something must be done to help the residents of the Richmond Hills neighborhood. Mr. Ron Cohen, 5213 Richwood Drive, said the Richmond Hills Association has registered complaints going back as far as 1954 on the problems at the Eden/Vernon intersection. He reminded the Commission, the Council and the Planning Commission passed a plan similar to the one presented this evening. It included signalization of Link Road. Mr. Cohen stressed the intersection has to be made less confusing and residents of the neighborhood ask the Commission and Council to please implement a plan that would accomplish this goal. He added something must be done and some action must be taken by the City to implement either the plan presented, or another. Commissioner.Palmer said the Planning Commission approved a similar plan some time ago, and added he understands the reason the Council did not recommend either removing the SuperAmerica or Amoco stations. He added what must be decided is if the presented plan will work. Chairman G. Johnson said Mr. Palmer is correct, but at the time of previous review, things were looked at differently, and the plan has been modified since then. Mr. Larsen clarified for the Commission that Link Road will not be narrowed, it will be significantly widened, and will include turn lanes. The presented plan is a compromise plan, reviewed by staff and BRW, Inc., and found to be sufficient for the volume of vehicles using it at the present time, and sufficient for the increase in volume resulting from the possible developments to the Grandview area. Mr. Larsen said staff feel this is the best traffic engineering that can occur in light of the existing circumstances that are present. Commissioner Palmer reminded the Commission that the City entered into an agreement with the Developer of Vernon Terrace to provide signalization on Link Road, and at the present time, it may be less than advantageous to erase this agreement. Commissioner McClelland suggested installing a signal and leaving the roads as they are. This would allow the pedestrian's to cross the street safely and fulfill the agreement with Vernon Terrace's developer. Commissioner McClelland acknowledged the residents of Richmond Hills wanted Eden Avenue to be closed at Vernon, but maybe, in rethinking the situation, they may decide that it's not such a good idea. Commissioner McClelland noted that the agreement with the Developer of Vernon Terrace may have limited creativity with what can be done in this area. She added maybe it would be easier to work out a different agreement with the Developer, possibly a walk -over Vernon. Mr. Cohen said residents want Eden closed or a different road design that would keep the majority of traffic away from that intersection. Chairman G. Johnson pointed out there are certain givens; those being, Link Road will be developed, and signalized, and Eden Avenue will be closed. The discussion should be centered on the configuration of SuperAmerica. Commissioner L. Johnson said the service road now going through to Link Road is not a good situation. SuperAmerica traffic access flow at the present time is poor. The,presented proposal will improve the traffic situation dramatically, and SuperAmerica will be re- constructed. Commissioner L. Johnson added he still does not have a proper answer on what to do with the service road in front of the clinic and car wash, that will be a dead end, and the City will have to maintain. Mr. Larsen said staff can review the dead end situation and the possible problems that can occur with snow removal. Commissioner Workinger questioned if the width of Link Road will be equal to the width of Eden Avenue. Mr. Larsen said Link Road will be wider than Eden Avenue. Commissioner Hale asked why the proposed new SuperAmerica building can't be moved farther south? Mr. Larsen said the'grade drops off considerably. Commissioner Hale said if the proposed building could be moved back 20 feet it would create additional room, and the pump lines could be moved, and the canopy tilted at an-angle. This would create more space toward Vernon Avenue and more room for cars to turn around. Chairman G. Johnson reminded the Commission the dotted lines on the blue line represent setback lines and if the building would be constructed beyond those lines variances would be needed. Chairman G. Johnson said it appears that Members of the Commission are divided on certain aspects of the presented plan. He added Members are in agreement that the redevelopment of the SuperAmerica station is a definite plus, but the proposed roadway configuration creates concerns for some Members. Commissioner D. Johnson moved for approval of the Final Development subject to staff conditions. Commissioner Palmer seconded the motion. Commissioner L. Johnson asked if he could tack on the motion a recommendation that before this issue in presented to the Council, staff analyze the possibility of a hammerhead design, or something similar, to help solve potential snow removal problems and maintenance problems that could occur on the service road where it dead ends in front of the medical clinic and car wash. Commissioner Palmer said that could be added as a recommendation, noting it is not part of the property in question. Chairman G. Johnson asked if Commissioner D. Johnson accepts Commissioner L. Johnsons recommendation as part of the motion. Commissioner D. Johnson said the recommendation is acceptable. Secretary Hoogenakker read the motion: Commissioner D. Johnson moved for Final Development Approval subject to the staff conditions with the recommendation by Commissioner L. Johnson that staff look at a possible hammerhead design (or something similar) at the end of the service road that would accommodate snow removal, etc. Upon roll call vote. Ayes; L. Johnson, D. Johnson, D. Runyan, J. Palmer, V. Shaw. Nays, Hale, Bailey, McClelland, Faust, Workinger, G. Johnson. Motion failed, 5 -6 vote. Chairman G. Johnson said since the motion has failed and if no one objects to the Chair making a motion, I would like to present a motion that favors the closing of Vernon and Eden, favors the improvement to Link Road, favors the traffic lights which is a done deal, but requests that the City and SuperAmerica take a second look at how the traffic flows in and out of SuperAmerica, as well as the dead end road coming down the present service road, and favors the reconstruction program of SuperAmerica. Commissioner D. Johnson explained that he has a problem with that motion because a assumption has been made, and you've talked about things, like Eden Avenue, Link Road, traffic signals etc. Commissioner D. Johnson added he believes the issue before this body this evening is to approve a Final Development Plan for SuperAmerica. A discussion ensued regarding the motion by Chairman G. Johnson. Commissioner L. Johnson seconded Chairman Johnson's motion. Commissioner L. Johnson recommended that this issue be tabled for thirty days. Commissioner•Bailey seconded the motion. A brief discussion ensued. Commissioner L. Johnson and Commissioner Bailey withdrew their motion for tabling the item. Chairman G. Johnson clarified that his intent with the motion was to ask the City and SuperAmerica to go back and review the proposed entrance and exits and come back to us at our next meeting. This would give all parties time to review the proposal. Commissioner Palmer pointed out that the Commission in an official vote denied the motion for approval. With that action the proponent can go on to Council. The Council will understand that this proposal was heard and an action was taken. Commissioner Palmer said a continuation to the Planning Commission can occur if the proponent chooses to, but the Commission already voted on the issue. He added it may be just a question of staff and the proponent taking another look at the proposal. Chairman G. Johnson revised his previous motion stating; the motion is for the purpose of sending a signal to Staff, City Council, and SuperAmerica that we don't oppose the rebuilding of your site and it's upgrading, my motion says there has to be a better way of putting cars in and out of SuperAmerica then what we've seen tonight so I recommend continuing this issue for 30 days to re- review it, with the instruction to staff to work with the proponent. Commissioner D. Johnson questioned if SuperAmerica can proceed to Council. Chairman G. Johnson said that is not our choice, SuperAmerica can either go to Council or come back to us. Commissioner Bailey questioned if the motion contradicts the motion to deny. Upon roll call vote: Ayes; Hale, L. Johnson, D. Johnson, McClelland, Runyan , Faust, Shaw, Workinger, G. Johnson Nays; Bailey, Palmer COMMUNITY DEVELOPMENT AND PLANNING COMMISSION STAFF REPORT APRIL 26, 1989 P -89 -2 Final Development Plan, Super America, 5205 Vernon Avenue Zoning District: Planned Commercial District, PCD -4 Generally Located: South of Vernon Avenue, northeast of Link Road Request: Reconstruct Station and Pump Islands In June, 1987, the City Council authorized a project to widen Link Road and to signalize the intersection of Link and Vernon. The project requires acquisition of some Super America property, as well as reversing the traffic flow through the station. Since project authorization by the Council staff has been negotiating the land acquisition with Super America. The City needs to acquire a triangular piece of property on the south westerly portion of Super America containing 3,913 square feet. The staff has proposed vacating a portion of the Vernon Avenue frontage road in exchange for Link Road land. The parcels to be exchanged are shown on the attached Exhibit A. Exhibit B illustrates the revised access plan for Super America, Amoco, and the medical clinic - car wash uses. Coincident with consideration of the right -of -way acquisition and vacation, Super America is requesting approval of a Final Development Plan for a complete reconstruction of the facility. The reconstruction responds to the reorientation of traffic flow through the facility. The proposed building is Super America's current prototype. The exterior is face brick compared to the painted concrete block of the existing station. The building is relocated to the rear portion of the site with parking in front and on the south side. The pump islands will be rebuilt and re- oriented to the access from Vernon Avenue. The proposed plan complies with all requirements of the PCD -4 District. Recommendation Staff recommends approval of the Final Development Plan conditioned on: - dedication of the necessary Link Road right -of -way - vacation of the Vernon Avenue right -of -way - acceptable landscaping and grading plans 6� 9f 5 ,�, At j,6_ 00 ,6 EXHIBIT A V&"qNoN A�F Z i m m - —. i cn n m \ AREA TO BE VACATED AREA TO BE ACQUIRED 0 � cs - u H 15 R H H 4 x �C 5R W o m n 5' lUl OS GN �1 2 J J J G SUPERAMERICA \ + �• P I 1 RS TANK 12 vy SIG J�4� d !c pA • C`, N \ N E w R.O.w. 1� ' ELIMINATE ACCESS NEW ACCESS ADJUST ACCESS y`M�G v e� P le f;f _ � y SITE __ sue• _ ..,_ e 67' PROVO D PROPERTY LIKE _ '•I EXIST PROPERTY LOW I _ LLI BULDOG SETBACK W I II ! r I 30. i °pao aTATaKIafoRE o I I ♦per \ + ° °' c •' SS' TRASH EKCL- MoP� 9 PA . SP - - 2.• .? ss' RETA9BNO WALL PROPOSED CA. S ' NEW APPgpACI PROPOSED S. CONC• SMWALK By CITY . ERV�cF ROAD\. \ 941) SCALE:1' =20' -0' PAn w�� -- ® 1.NIY1 -tlW PRELIMINARY SITE STUDY MA s .1m A SUPERAMERICA EDIN , LWINE AVENUE _. EDMA, MIPMESOTA #4047 r!. 3"31 - M- 09 EDA 029 /�������/\ auwmDK 1.111 Y)y100 dW GRADM & LANDSCAPE =CEF 1 - - -- A SUPERAMERICA � EDIN , MNON AVENUE �0D9 — ,..e )na aw smo • _ ;,,o,, ,,,,.. ,,wuo,. )s)a� e+�. �m SHM MUM-4M EDMA, MINNESOTA #4047 AIR/OK - FOR /l y� MOUNTING BEE (i9 DET. 11,8 OFRONT ELEVATION OLEFT END ELEVATION PULL PLATE B BAR AT INSIDE OF DR. TYP. SEE H.Y.A.C. PLAN FOR OYERFLOW SCUPPERS OREAR ELEVATION PULL PLATE AND EAR AT OUTSIDE OF 0008 SEE DET. 14 S 1619 COLORKLAD FLASHING AGGREGATE PANELS COLORKLAD FLASHING JUMBO FACE BRICK LANDSCAPE TIMBER$ NOTE: BEE 'GRADING PLAN' S.T. ] FOR ACTUAL WAGES ABOUND SLOG. C OLORKLAD FLASHING AGGREGATE PANELS - - -- COLORBLAD FLASMING JUMBO FACE BRICR ORIGHT END ELEVATION OBUILDING CROSS SECTION DATE DF /CRMTION _ _- IE 1]IBB i -$100 �� SU PERAMERICA .�.,Lb ... 1]EO NE 6i $BIN STREET SLOOMINOTON, MINNESOTA 86471 1 HE REST CERTIFY THAT THIS PLAN, SPECIFICATION, ON REPORT NAB .. PARED BY HE OR UNDER NT DIRECT UL RUPERYI B IDN AND THAT I FIBER DULY REGISTERED ARCHITECT R THE LAW OF THE STATE Of DATE: RED. DRASIN $Y: •... ELEVATIONS 8 BUILDING SECTIONS DATE: ........ . v 4080 R MASONRY BLDG. w. 9 -- - - - -- E © UTILITY M. �O I STOCK ROOM CD «... ... ©. C - 14 DOOR WALK -IN COOLER LEAN -UP M •R -� SA "E, AREA _ I . I I( F4F �PA4« urhWT IT _ r _ L L - - -- _--� E - O - - -- - -- - 011 NOTE: VERIFY IF STORAGE ENCLOSURE IS INCLUDED. \ cs•4T,•T / I r i� 'Ste '$I PLAN' III FOR SINN AMD STORAGE ENCLOSURE LOCATIONS. -Bee ENT. T FOS'STORAGE 11061,0111011E rl•N' IP RIGUIRID. •• ' . E.-V-5- MOTE: BEE 216 FOR 'FINISH SCHEDULE AND MOTES'. ■EE ]�B FOR 'DOOR ANO HAROWAR! 11CHEOYL E'. BEE ]•12 FOR 'V ALANC! PLAN% A B C D E F DOOR OWING TO COMPLY WITH LOCAL CODES. OFLOOR PLAN DATE DESCRIPTION ---- -_ - - -- _ 10 1 210 01-0 100 HERSEY CERTIFY THAT THIS PLAN, PECIFICATI OM, ON REPORT WA B PRE - ARED BY ME ON UNDER MY o1RECT REGISTERED ARCHITECT UNDER THE SUPERAMERICA UPEIITERED AND THAT 1 10.OYLI LAWS OF THE STATE OF c..,uw a •r.w e•...c 1240 WEST 00th STREET BLOOMINGTON, MINNESOTA 55431 FLOOR PLAN 4060 R MASONRY BLDG. DRAWN 111: «r ••••• h••••• ••• ••••I•• DATE: .•.••• Fl, _ -- s s • o. 6 • kyj I ZA'A'AIFll 9 = ma �O o,. 4 ~ 4zw r i Q B' i i i i MODIFIED ALIGNMENT — 1987 Q � LINK RD J�v / ADD �`1`A= 62 -00 -00 232 6�'' �- T =129. i9 ov. , `r tit SUPER AMERICA STATION + 4 � 1�ati. .' �� NOR. �/�/� Qom'` s SCALE tit `LC0 ti l "k r4, i ♦ / / �/ / �/ / / / ' / 1.40" �F / k KE:�9t�SF' •" Lenpfh -�_ ED AVE PT ii +0i./ 196.99' � 213.17' r,44KtiR 232.99' 27.37' 16' 112.32' EDE14'AVE CONN 30.50' 73' 40' 01' EDEN AV ,,,-A= 39 -45 -5i A -27 -i5 R= 145.67' R =1146. L =101. ii' L=545.1 T= 52.68' T =277.8 ' ♦I/ / // z lo , ♦ ♦ C�ucva- !_Aad[us__Del3a Lenpfh -�_ CS 196.99' 62' 00' 14' 213.17' C2 232.99' 27.37' 16' 112.32' C3 30.50' 73' 40' 01' 39.21' C4 163.66.' 33' 48' 24' 96.57' C5 127.66 28'08' 24' 62.70' C6 30.50' 90@34'37' 4& 22' C7 23199' 12'57'35' 52.70' CB 312.61' it 50' 15' 10.03' C9 30.50' 102458'56' 54.82' Ci0 34& 51' 5'32' 11' 33.69' Cii 30.50' 79103'51' 42.09' Gf1,. REPORT GIVEN ON LINK ROAD Assistant Manager Hughes recalled that on June 1, 1987 �J w(� the City Council had ordered the reconstruction of Link Road and the closure of _` the Eden Avenue/Vernon Avenue intersection as recommended by the Grandview 2 Development Plan. He said that the project has not.proceeded for a number of reasons. Construction of the improvement requires a relatively large right of way purchase from the SuperAmeria station. It also requires that SuperAmerica redirect access to and from the station. Compounding this problem is the fact that the present station is located on an unusually small site and the station building is somewhat obsolete. Although staff has met several times with SuperAmerica, it has been difficult to structure an agreement meeting all interests. He also recalled that staff has met on past occasions with developers- interested in redeveloping the Lewis Engineering, Kunz Oil warehouse and the Edina school bus garage properties. As part of those discussions, issues have arisen concerning the Link'Road project. Some interest has been expressed to include the Wave Car Wash and possibly SuperAmerica in a redevelopment project. If such a project were possible, staff would recommend that the design of Link Road should be upgraded from that approved by the Council. However, based on what staff understands to date, it may be doubtful that there will be a larger project in the area that may come along so that the Link Road construction could be done in the 1989 construction season. Given these factors, coupled with the relatively slow lease up of Vernon Terrace, staff has not vigorously pursued the Link Road project ordered by the Council. Assistant Manager Hughes advised that staff believes we should proceed with the original project during the 1989 construction season to comply with the spirit of the City's agreement with the Vernon Terrace developers and the wishes of the Richmond Hills residents. He added that the Council should be aware 'that the City may have to resort to condemnation to acquire the necessary right of way. However, the Council would have the opportunity to review and accept or reject the condemnation award. Member Smith asked about the traffic light proposed for the intersection that was a part of the package for the Vernon Terrace project. Engineer Hoffman explained that the existing intersection is too small to accommodate the traffic light and that the light is tied into the Link Road project. Member Smith suggested that the City proceed with the Link Road project so as not to adversely impact Vernon Terrace. Considerable discussion was held by the Council as to whether or not to proceed with the project as approved by the Council on June 1, 1987. It was concluded that staff should move forward with the project. 10 concerning the Hennepin Count nsortium. The Consortium has drafted a mission _ s and has invited the City's participation p dues will be assessed in 1989, but a dues structure is expe stablished for 1990. Apparently, fully developed cities like E - sed lower dues than developing cities. Also, cities joining in LO m a op r N pan cearin the �lcv too. ilemeers o= the Councii also expressed their r®al2Gimn _ and seconded by Member Motion was made the minutes of the PUBLIC HEARING CONCLUDED: STREET IMPROVEMENT NO. BA -278 ORDERED. Engineer Hoffman recalled that the public hearing on Street Improvement No. BA -278 (Link Road) was continued from the meeting of May 18, 1987 to allow for additional discussion on design and access issues and development of a plan acceptable to all parties. As background to this project, Mr. Hoffman said this is a continuation of an initial hearing involving what is known as Issue Area 1 in the Grandview Area Traffic Study prepared by BRW in April, 1984. The neighbors in Richmond Hills 2nd Addition have supported the current proposal to resolve what has been a continuing problem-'at Eden Avenue and Vernon Avenue. Additionally, overall traffic operations have been reviewed in light of existing and potential developments in the Grandview Area. Mr. Hoffman explained that the general area under discussion includes Vernon Avenue /Eden Avenue /Link Road /West 53rd Street. This proposed improvement would be another phase of the Grandview area plan. It would close off Eden Avenue at Vernon and would include a traffic signal at Link Road. To make the project work, additional right of way will need to be acquired from Superamerica. Earlier the Council approved construction of sidewalk along the north and west side of Vernon Avenue. Because Superamerica would be affected the most, staff had met with them on several occasions as well as with Hennepin County. Mr. Hoffman said that he also has met with First Minnesota Bank as to any concerns they might have with the closing of the Eden Avenue access. They indicated that they had no objection but wanted to maintain good visibility. He said that Superamerica had some concerns with the initial proposal as to access to their property. In subsequent meetings with Superamerica the plan has been revised to add a right turn lane on Vernon Avenue from west of Link Road to the first westerly driveway of Jerry's with a new curb cut from Vernon Avenue into Superamerica. This change would address a major concern that staff has had for easterly bound vehicles trying to enter Superamerica via Link Road and also would alleviate Superamerica's concerns regarding access to their property from Vernon Avenue. This would result in an increased cost estimate for the project from $170,047.24 to $194,354.33. Mr. Hoffman said that at this point Superamerica and Hennepin County are in agreement with that change in the plan and before staff can proceed on the right of way issues the Council must approve the project. Ron Cohen, representing the Richmond Hills Home Improvement Association, said that they have been looking for this for the past 30 years. Member Smith asked what traffic controls there would be at Eden Avenue /Link Road and how the project is proposed to be funded. In response, Mr. Hoffman said there would be a STOP sign for Eden Avenue traffic at Link Road and that Eden would have three lanes, with a 90 degree intersection at Link. In view of possible future redevelopment in the area with additional traffic, Member Smith questioned whether a right turn lane out of Eden with a YIELD sign might be a more preferable design. Mr. Hoffman said if the proposed design did not work well in the future, a one -lane, one way out for right turns could be �Yovided. Mr. Hoffman said the project would be funded by HRA funds. Mr. Hughes explained that at the time the Grandview parking ramp that is under construction was approved the City sold a $2,000,000 bond issue. The purpose of that issue was to provide funds for the construction of the ramp as well as this improvement. Those bonds will be repaid by tax increments received within the.Grandview Redevelopment District and that no portion of the cost of the subject improvement will be assessed. He added-that there is adequate increment coming out of the district to fund this improvement. Mr. Cohen asked as to the timeframe for the project. Mr. Hoffman said if the project is approved by the 6/1/87 • 42CY Council and the right of way issues are resolved, the project can be completed later this year. No further comment or objection being heard, Member Smith introduced the following resolution and moved its adoption: RESOLUTION ORDERING LINK ROAD IMPROVEMENT NO. BA -278 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: PERMANENT STREET SURFACING AND CURB & GUTTER IMPROVEMENT NO. BA -278 and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as PERMANENT STREET SURFACING AND CURB & GUTTER IMPROVEMENT NO. BA -278, cost of which shall be paid from Edina Housing and Redevelopment Authority funds. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Kelly, Smith, Turner, Courtney Resolution adopted. i iven �' -- -p °FvLJVeu ana� Pursuant to due notice g , public hearings were conducted and acti hereinafter set forth: A. SIDEWALK IMPROVEMENT NO. S -38 IN THE FOLLOWING: Olinger Boulevard from Bredesen Park Path to Tracy Avenue Engineer Hoffman advised that this informal public hearing has result of requests from residents in this area for better ped Bredesen Park . He explained that this sidewalk improvemen Bredesen Park project and would close the one missin 1' file. as alled as a a an access to art of the the park. The estimated cost of the improvement is $28, 5 and eitlisaproposed to pay the entire cost from Municipal State Aid funds no assessment against abutting property. Under present City policy, he sa' at snow removal of the sidewalk will be the responsibility of the City, idewalk is proposed to be five feet wide, constructed of Portland Cement c e and would be constructed along the south side of Olinger Boulevard, abu Countryside Park, Colonial Church and Nine Mile Village property. The ent will be varied to protect existing property features to the greatest t possible. Mr. Hoffman said that representatives of Nine Mile Village Town Association have met with.staff and support the sidewalk project. He advi at a letter of objection to'the project has been received from Jeanne er, 6216 Sandpiper Court. No public comment or further objection being Member Turner introduced the following resolution and moved adoption: BE IT RESOLVED by the Counci e City of` Edina, VMinnesota, ,that this Council heretofore caused notice o ing to be duly mailed to owners of each parcel within the affected area a following proposed improvement: SIDEWALK IMPROVEM S -38 and at the hearing h I I the time and place specified in said notice, the Council has duly c ered the views of all persons interested, and being fully advised of the p ent facts, does hereby determine to proceed with the construction o d improvement, including all proceedings which may be necessary in eminent d for the acquisition of necessary easements and rights for constructi d maintenance of such improvement; that said improvement is hereby designat d shall be referred to in all subsequent proceedings as SIDEWALK IMPROV N0. S -38, cost of which shall be paid from Municipal State Aid finds. Ro ' Kelly, Smith, Turner, Courtney ution adopted_ t1VULIUU- ngineer Hoffman said that this informal public hearing on construction of .. April 25, 1989 Craig Larsen City Planning Commissioner Edina City Hall 4801 W. 50th Street Edina, MN 55435 Dear Mr. Larsen: I am writing to you on behalf of the Richmond Hills Association. As President of the Association I would appreciate any correspondence, Information and meetings that would Involve our surrounding neighborhood. I am especially concerned about two major Issues: (1) the Intersection of Vernon Avenue and Eden Avenue West of Hwy. 100. 1 am aware that this issue was not resolved last year because of pending problems along Link Road. I would appreciate any input from you regarding the necessary changes in our area. With the increase in traffic on Vernon Avenue and also Eden Avenue it is Imperative that a plan be incorporated for improvement in traffic flow. (2) the Jerry's Enterprise Development on Eden Avenue is also of great concern to us as well. Your help would be greatly appreciated. Respectfully, Pat Calderon President Richmond Hills Association 5404 Edenmoor St. Edina, MN 55436 cc:Rick Moe Dorothy Lodahl Steve Ullom 360 PAR B AVENUE NEW YORK, NEW YORK 10022 (P-12)415-9200 3 ORACECHURCH STREET LONDON EC3V OAT, ENGLAND 01 -929 -3334 36, RUE TRONCHET 73009 PARIS, FRANCE 01- 42- 66 -69 -49 340 FIRST NATIONAL BANK BUILDING P.' O. BOX 848 ROCHESTER, MINNESOTA 66903 (607).268 -3166 610 NORTH CENTRAL LIFE TOWER 446 MINNESOTA STREET ST. PAUL, MINNESOTA 66101 (612) 287 -8017 DORSEY & WHITNEY A P..TN....t. L N W.SNO P.OS...,ONU CO.M"WOM. 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (612)340-2600 TELEX 29 -0605 TELECOPIER (612):140 -2668 THOMAS S. ERICKSON, P. A. (612) 340 -2659 Mr. Gordon L. Hughes City of Edina 4801 West 50 Street Edina, Minnesota 55424 May 1, 1989 1200 FIRST INTERSTATE CENTER 401 NORTH 31" STREET P. O. BOX 7168 BILLINGS, MONTANA 89103 (406)262 -3800 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 69401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 69602 (406)721 -6026 316 FIRST NATIONAL BANE BUILDING WAYZATA,MINNZSOTA 66391 (612)476 -0373 Re: Link Road - SuperAmerica Service Station Dear Gordon: In connection with your negotiations with SuperAmerica Stations, I understand that the proposed settlement with SuperAmerica as to the location of their stations depends in part upon a vacation of the frontage road along Vernon Avenue and the ownership by SuperAmerica of the portion of that road fronting on their property. You have asked us to determine whether, upon vacation of the City's easement for that frontage road, 'the property subject to the easement would be owned by SuperAmerica Stations. We have reviewed the records at the Court House relative to this matter and have determined that the property underlying the easement in favor of the City for the frontage road along Vernon Avenue is owned, as to Lot 2,'Block 1, Enroth First Addition, by SuperAmerica Stations, Inc. Therefore, upon vacation of the City easement said frontage road, to the extent it fronts upon said Lot 2, will belong to SuperAmerica Stations, Inc. free of the City easement. Also, please be advised that the document granting the easement to the City specifically provides that if the easement, or any part, is vacated or abandoned, the owner of said Lot 2 shall pay to the City the sum of $3,000, or a pro rata part thereof (based on the rate which the number of square feet within the vacated area bears to the total easement area). If not paid within 30 days of demand, interest accrues at 6% per annum,, and the City has a lien on Lot 2 1� DORSEY & WHITNEY Mr. Gordon L. Hughes May 1, 1989 Page. Two enforceable as a mortgage on real estate. Based on the state deed tax stamps on the easement,. the $3,000 appears to be what the City paid for the easement. I trust this is responsive to your inquiry. If you' have any questions, please let me know. TSE:jd cc: Mr. Kenneth E. Rosland . Mr. Fran Hoffman Very truly yours, "t Thomas S.� ckson r,_ i ,_ 14 A. o e -$` ch o Apo" .8.6 REPORT /RECOMMENDATION To: Mayor & City Council Agenda Item # IV.A•& B. From: Francis Hoffman Consent ❑ City Engineer Information Only ❑ Date: 15 May, 1989 Mgr. Recommends ❑ To HRA Subject: Vacation Hearing - ❑ To Council Portion of Frontage Road Adjacent 'to Action ❑ Motion Superamerica on , Vernon Avenue ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: (By Resolution) A. Vacate area of frontage road and adjacent to Superamerica as depicted in attached Exhibit A subject to condition of right -of -way being granted on the west side of Superamerica per Exhibit A. (By Motion) B. Waive $3,000.00 requirement on vacating frontage road. Info /Background: The vacation hearing is part of the project in the Grandview area approved by City Council earlier. The project requires additional right -of -way on the Link Road side of Superamerica to properly reconstruct the Eden - Link to Vernon section of the roadway. The attached exhibit shows in three pages the areas to be exchanged, the existing conditions, and the new street overlaying the existing conditions. The proposal is to vacate the necessary area on the frontage road to accomplish project and receive from Superamerica the necessary right -of -way in exchange. The new intersection at Vernon and Link Road would be signalized with an auxiliary eastbound right lane being constructed on Vernon from west of Link thru the intersection and the right turn lane would end as it turns into Jerrys most westerly driveway. i Report /Recommendation Vacation Hearing - Portion of Frontage.Road Adjacent to Superamerica on Vernon Avenue Page Two Additionally, the vacation of the portion of frontage road would have required a pay back to the City of $3,000.00 if we were vacating the area without any conditions. However, in this current scenario, we would be exchanging areas and would recommend waiving the $3,000.00 pay back As such, staff recommends the actions listed under the recommendations. EXHIBIT A PNON qV I 6� l 2�66W , cn •.: o m zo / cf FT-1 \ I AREA TO BE VACATED AREA TO BE ACQUIRED \ QSIGN �FH 4�F EOINA S[NIOR$ MOUSING 1 Vernon Avenue ca Y.M. ®MH rl 0— CR 1{ yy US SMfLT[R W .. CA s. O O III R 0 VENT �O 0 BUPERAYEAICJ i JUNIPERS PROPANE TANK 12 ,L> ^ 4' 013 h \ �f„fj �fG -9> > c6, cs � S3 (� p y ao � ?p3 C� \ iy c� +a� I I M r' \ QSIGN �FH 4�F EOINA S[NIOR$ MOUSING 1 Vernon Avenue ca Y.M. ®MH rl 0— CR 1{ yy US SMfLT[R W .. CA s. O O III R 0 VENT �O 0 BUPERAYEAICJ i JUNIPERS PROPANE TANK 12 ,L> ^ 4' 013 h \ �f„fj �fG -9> > c6, cs � S3 (� p y ao � ?p3 C� \ iy c� +a� I r1 P.C.I + LINK 13D i = 17 °- 121 -0 `O SAW CUT CS v R = 330.61' V INSTAL ' SAW CUT L V LLE GUTTER MATCH EX. T '50.0 INSTALL ALLEY GU 'R CB t 2201 N ENTRANC M.N. SURvE Y f 6 5 r 15 R C'B' 3pR 30R 15'R 30 R t + ❑SIGN f 4/.2 U I 301 C.B. V s to SR I 0 Q' rj m o`' I s / 13S ON ci R. ��• \ 2P 000 �(0 o 4 2 R +24.8 G VENT SUPERAMERICA '0 i 3 Q: INST LL LANNON STONE WALL CONCONN. POT• I'I 5.13 RS .0 ° EDEN AVE \ � J 18 } 4' TANK LINK RD • P.O C. pp� 9 \ m O sic <" (` 1 ❑ LINK RD .L X62 _ �xa/ s \ \ fro \ 9 � 00" R � 215.00' \ 0 32 s \ L = 232.66 R, 4 (O QOV. + ` c �q \ w aaW T =129 �.��ti p p \ 5• , Jc4zz \ v` a O � Q 1 �° �'� p, i ` \ C, CA, ,,IV via / x�. 6•� `t; \ Q' P 350 PARE AVENUE NEW YORE, NEW YORE 10022 (212)415 -9200 3 ORACHCHURCH STREET LONDON EC3V OAT, ENGLAND 01- 929 -3334 36, HUE TRONCHET - 75009 PARIS, FRANCE 01- 42- 66 -59 -49 DORSEY &- WHITNEY A PAH ZRGH11 INCLUOINO PNOl88810- COR -TIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 ( 612) 340- 2600 TELEX 29 -0605 TELECOPIER (612) 340 -2868 340 FIRST NATIONAL BANE BUILDING THOMAS S. ERICKSON, P. A. P. O. BOX 848 (612) 340 -2659 ROCHESTER, MINNESOTA 55903 (507)266 -3156 510 NORTH CENTRAL LIFE TOWER 445 MINNESOTA STREET ST. 55101 PAD( MINNESOTA N1 May 1, 1989 Mr. Gordon L. Hughes City of Edina 4801 West 50 Street Edina, Minnesota 55424 1200 FIRST INTERSTATE CENTER 401 NORTH 31- STREET P. O. BOX 7188 BILLINGS, MONTANA 59103 (406)252 -3800 201 DAVIDSON BUILDING 8 THIRD STREET NORTH GREAT FALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59602 (406)721 -6025 315 FIRST NATIONAL BANK BUILDING WAYZATA, MINNESOTA 55391 (r.12)475-0373 Re: Link Road - SuperAmerica Service Station Dear Gordon: In connection with your negotiations with SuperAmerica Stations, I understand that the proposed settlement with SuperAmerica as to the location of their stations depends in part upon a vacation of the frontage road along Vernon Avenue and the ownership by. SuperAmerica of the portion of that road fronting on their property. You have asked us to determine whether, upon vacation of the City's easement for that frontage road, the property subject to the easement would be owned by SuperAmerica Stations. We have reviewed the records at the Court House relative to this matter and have determined that the property underlying the easement in favor of the City for the frontage road along Vernon Avenue is owned, as to Lot 2, Block 1, Enroth First Addition, by SuperAmerica Stations, Inc. Therefore, upon vacation of the City easement said frontage road, to the extent it fronts upon said Lot 2, will, belong to SuperAmerica Stations, Inc. free of the City easement. Also, please be advised that the document granting the easement to the City specifically provides that if the easement, or any part, is vacated or abandoned, the owner of said Lot 2 shall pay to the City the sum of $3,000, or' a pro rata part thereof (based on the rate which the number of square feet within the vacated area bears to the total easement area). If not paid within 30 days of demand, interest accrues at 6% per annum, and the City has a lien on Lot 2 DORSEY & WHITNEY Mr. Gordon L. Hughes May 1, 1989 Page Two enforceable as a mortgage on real estate. Based on the state deed tax stamps on the easement, .,the $3,000 appears to be what the City paid for the easement. I trust this is responsive to your inquiry. If you "have any questions, please let me know. TSE:jd cc: Mr. Kenneth E. Rosland Mr. Fran Hoffman Very truly yours, Thomas S. rickson y , o e � •:NC61 x"'0199 OBB REPORT/RECOMMENDATION To: KEN ROSLAND, MANAGER From: JOHN SCHIRMANG, BUILDING OFFICIAL Date: MAY 109 1989 Subject: FEE FOR PERMIT TO INSTALL RPZ BACKFLOW PREVENTER AND INSPECTION THEREOF Recommendation: Agenda Item # V.A Consent 0 Information Only ❑ Mgr. Recommends ❑ To HRA El To Council Action ❑ Motion ❑ Resolution Ordinance ❑ Discussion Adoption of Ordinance No. 171 -A30, with waiver of Second Reading. Info /Background: In buildings where the Edina water supply is connected to systems containing toxic materials, the Plumbing Code requires backflow preventers which protect the water supply in event of a water break and resultant backflow. Where highly contaminated water might enter Edina's potable water system, the Code requires reduced pressure zone (RPZ) backflow preventer valves. These valves must be tested yearly and rebuilt every five years. In the past, the Minnesota Department of Health had not identified qualified personnel to conduct the necessary inspections and maintenance, and compliance with this section of the Code has been lacking. This was partially due to the fact that there was no local training program for such inspectors until 1986. The Department has now developed a list of people who are certified to test and overhaul these valves. The City is now required to keep records of test results and to inform owners when the tests are required and when valves must be rebuilt. For the record keeping and inspection now required it is recommended that fees be charged per the attached draft ordinance. ORDINANCE NO. 171 -A30 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO ADD A PERMIT CATEGORY AND PERMIT FEE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Schedule A to Ordinance No. 171 is hereby amended by adding the following permit category and permit fee: ORD. SEC. NO. NO. PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 432 -A1 5 Plumbing permit To install RPZ backflow preventer $12.50 14t -1 Inspection of RPZ backflow preventer 12.50 14t -2 Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: Second Reading: ATTEST: City Clerk Mayor ,.i w9SN�� A. ° 0. REQUEST FOR PURCHASE • v, TO. Mayor & City Council FROM: Francis J. Hoffman, City Engineer VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000 DATE: 12 May, 1989 AGENDA ITEM VI. A. ITEM DESCRIPTION: Ramp Joint Repair Work - W. 49J Street Ramp. Company Amount of Quote or Bid 1. See Attached Tabulation 2. 2. 3 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: D. H. Blattner & Sons $ 35,874.50 GENERAL INFORMATION: This project is to do parking ramp repair work on the W. 49J Street ramp. The project will be funded thru the capital plan from funds which were in the budget in 1987, 1988 and 1989 for ramp repair. The total budget amount was $55,000.00. This project will re -weld the strips which tie each deck section together and repair all joints between each deck section. Engineering natur Department The Recommended bid is R within budget not within bu get 'John Wallin, Finance Director Kenneth Roslaed, y Manager May 11, 1989 11 :00 A.M. BID TABULATION CITY OF EDINA. MINNESOTA CONTRACT 89 -8 IMPROVEMENT NO. P -P -3A- W. 49 1/2 St. Ramp on W 49 1/2 St W of France Ave BIDDER TOTAL D.H. Blattner & Sons $ 35,874.50 Dieseth Specialty Company $ 39,132.00 Paulco $ 39,485.00 Arcon Construction $ 44,850.00 A. J. Spaniers Co. Inc. $ 51,215.00 Western Waterproofing $ 53,100.00 *Carlund Corporation $ 39,400.10 Engineers Estimate $ 40,505.00 REQUEST FOR PURCHASE TO: CITY COUNCIL FROM: GORDON HUGHES VIA: Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5.000 DATE: MAY 15, 1989 ITEM DESCRIPTION: Company 1• MIDWEST AQUA CARE 2. 3 NO OTHER BIDS RECOMMENDED QUOTE OR EID: MIDWEST AQUA CARE GENERAL INFORMATION: AGENDA ITEM VI. B Amount of Quote or Bid 1. $ 8,768.00 2. 3. 4. 5. Annual harvesting o_- ?iinnehaha Creep: Mill Pond. Signature;; Depa e \ The Recommended bid is � l within budget not within budget John Wallin, Finance Director Kenneth Rosland, City Manager - MIDWEST LAKE MANAGEMENT May 10th, 1989 Mr. Gordon Hughes, Assistant City Manager City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Hughes: I the undersigned have inspected the Edina Mill Pond site for the mechanical control of submerged aquatic weeds and hereby propose and agree to: A. Charge: �;`� v n per acre x /_ acres = 3�y cU Two Cuttings = �76 B. Charge Includes: • All requirements consistent with the bid specifications ( attached). • All mobilization fees. The city shall provide equipment, i.e. a front -end loader to assist in the launching and retrieval of contractors equipment if necessary. Respectfully submitted, MIDWEST AQUA CARE, INC. �mas J. Oer %� President / TJG: l i nda MIDWEST AQUA CARE, INC. 15001 SUMMERHILL DR. • EDEN PRAIRIE, MN 55344 • (612) 934 -6542 ° 0: ; REQUEST FOR PURCHASE o: H•�J�� I.� 1 may: TO: Mayor Richards & Council Members FROM: Susan Wohlrabe VIA: Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5 000 DATE: May 15, 1989 AGENDA ITEM vi . c ITEM DESCRIPTION: 36 chairs for Manager's Conference Room , Comganv Amount of Quote or Bid 1. General Office Products 1 $5,131.32 2. Dayton's Commercial Interiors 2. $5,467.80 3.. (NO OTHER COMPANIES SELL.STEELCASE) 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: General Office Products at $5,131.32 GENERAL INFORMATION: The request is for 12 steelcase fabric chairs for the conference table and 24 steelcase stacking chairs to be used within the, conference room. M,w1� �� Signature The Recommended bid is -4- within budget not rAff figh, MANINJ Kenneth Rosland, City Wallin, Fironce Director ° '� N` REQUEST FOR PURCHASE o: TO Mayor & City Council FROM: Francis Hoffman, Director of Public.,Works VIA: Kenneth Rosland, City Manager SUBJECT. REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: 15 May, 1989 AGENDA ITEM VI.D. ITEM DESCRIPTION: One Ton Cab & Chassis for Traffic Sign Dept.. Companv Amount of Quote or Bid 1. Thane Hawkins Polar Chevrolet 1. $ 13,187.00 2. (Henn. Co. Contract #9544), 2. 3. 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: Thane Hawkins Polar Chevrolet $ 13,187.00 GENERAL INFORMATION: This unit will replace existing unit 4425.217, a 1978 Ford truck. It will be used as the traffic sign shop truck. This purchase will be funded thru the equipment replacement fund for Public Works. Public Works - Streets Si ature/ Department The Recommended bid is within budget not within budget n Wallin, Finance Director Kenneth Rosland, City anager N VII. A. MINUTES TRAFFIC SAFETY COMMITTEE MAY 9. 1989 9:00 A.M. MEMBERS PRESENT: Fran Hoffman, Chairman Alison Fuhr Gordon Hughes Craig Swanson Bob Sherman MEMBERS ABSENT: None OTHERS PRESENT: Mr. & Mrs. Mike Eckert, 4700 Golf Terrace Mr. & Mrs. David Crowther, 4509 Golf Terrace Mr. Dewey Johnson, 4504 Lakeview Drive Ms. Cherie Hfofer, 4604 Golf Terrace Mr. Edwin Moore, 4610 Golf Terrace Ms. Dorothy Moore, 4610 Golf Terrace Mr. Ridgway Baker, 4710 Golf Terrace Ms. Susan Covnick, 4708 Lakeview Drive Ms. Ann Blaul, 4800 Golf Terrace Ms. Rosemary Miller, 4613 Golf Terrace Mr. R.H. Kaatz, 6505 Parkwood Road Mr. John Harris, 4804 Golf Terrace Ms. Patti Kelly, 4608 Golf Terrace Mr. Mark Hartman, Winfield Realty, 3300 Edinborough Way Captain Leonard Kleven, Edina Police Department Officer Kris Eidem, Edina Police Department Ms. Joan Waterstreet, Edina Police Department SECTION A Requests on which the Committee recommends approval as requested or modified, and the Council's authorization of recommended action. (1) Request to install "STOP" sign on westbound Mavelle Drive at the inter- section of Sandell Avenue. Unscheduled agenda request by Mr. Fran Hoffman, Engineering Department. Request made as this street meets warrants for "STOP" sign. ACTION TAKEN: Mr. Gordon Hughes moved to install a "STOP" sign on westbound Mavelle Drive at the intersection of Sandell Avenue_. Mr. Sherman seconded the motion. Motion carried 5 -0. (2) Request to install "STOP" sign on eastbound Minnesota Drive at the intersection of Edinborough Way. Unscheduled agenda request by Mr. Fran Hoffman, Engineering Department. Request made as this new street will open May 15th and intersects with Edinborough Way and meets warrants for a "STOP" sign. TRAFFIC SAFETY COMMITTEE MINUTES May 9, 1989 Page 2 ACTION TAKEN: Due to increased construction and activity in this area, Mr. Hoffman suggested that it might be in the best interest to sign this inter- section. Mr. Hughes moved to install a "STOP" sign on eastbound Minnesota Drive at Edinborough Way. Mr. Sherman seconded the motion. Motion carried 5 -0. SECTION B Requests on which the Committee recommends denial of request. (1) Request for "SLOW - CHILDREN" signs and traffic monitoring on Glouchester Drive. Continued from April, 1989 Traffic Safety Committee meeting. ACTION TAKEN: Captain Kleven began by commenting on enforcement activity that had taken place in this area. During the 3 -1/2 hour total period that the Traffic Enforcement Unit had spent monitoring this area over a number of days, only one citation had been issued. It was his opinion that Glouchester Drive is a high compliance, low volume area. Mr. Hughes moved to deny the sign request, and to refer the matter to the Police Department to monitor as they see fit. Mr. Sherman seconded the motion. Mr. Swanson objected to the motion from the standpoint that continuous monitoring of Glouchester Drive by the Traffic Enforcement Unit was unwarranted based on the results shown in previous study of the area. Motion carried 4 -1. SECTION C Requests which are deferred to a later date or referred to others. (1) Request for "STOP" signs at the intersections of Golf Terrace at St. Johns Avenue and Golf Terrace at Lakeview Drive. Petition received from numerous local residents. ACTION TAKEN: Mr. Mike Eckert, acting as spokesperson for the residents, stated the concerns of the group and also their ideas of contributing factors. The residents of Golf Terrace believe that the street,has become char- acteristic of a "thru" street rather than that of a residential street. The, contributing factors, as they see them, have been renovation and widening of the street, construction of the office building on Willson TRAFFIC SAFETY COMMITTEE MINUTES May 9, 1989 Page 3 Road, and the re- routing of traffic onto Golf Terrace during the West 50th Street construction period. Mr. Eckert stated that the families now residing on Golf Terrace contain larger numbers of young children than in years past. They have tried to continue the education of their children through such measures as the bike safety program put on by the Police Department, but there are still concerns such as increased traffic patterns and speeding in the area. It was the opinion of the majority of residents that installing a "STOP" sign at Lakeview Drive, which is currently also a school bus stopping point, and also a "STOP" sign at St. Johns Avenue might help to aleviate their concerns. Officer Eidem, who had conducted the bike safety seminar for the resi- dents, commented that at the time of the seminar she had, in fact, cited a high school student for speeding on Golf Terrace. However, she also stated that to her knowledge a "pattern" of speeders was not present from studies done in previous years. Captain Kleven reviewed the accident history from 1983 to present which showed three accidents in the six year period, those being property damage as opposed to personal injury. He also stated that concentrated enforcement was done in 1986 and the first half of 1987. This enforce- ment activity did, in fact, rectify the problem and therefore the loca- tion was dropped from the heavy enforcement activity list. He commented that it would appear it may again have become a problem area and warrant further activity by the Traffic Enforcement Unit. Mr. Hoffman was asked by a resident how effective "STOP" signs actually were in deterring speeders. He replied that usually "STOP" signs will not affect volumes, and they do have a localized affect on the immediate area adjacent to the signing. However, they sometimes lead to a false sense of security to the pedestrian. Therefore, the first action the Committee usually takes is to assign the Traffic Enforcement Unit to heavy enforcement of the area. Secondly, a license plate survey may help to clarify where the vehicles are coming from. Ms. Susan Covnick, a Lakeview Drive resident, was not in support of the idea of "STOP" signs. Although she felt that increased volumes, speed, and possibility of personal injury accidents were legitimate concerns, she saw two major problems with installation of "STOP" signs. First, that they do cause a false sense of security and, second, that adding "STOP" signs seems to in some cases cause an increase in speed for the driver trying to "make up time ". Ms. Convick asked if there might be some type of "depression" that could be constructed into the roadway which would lend itself to slower speeds and also rectify a drainage problem that the area faces. Mr. Hoffman asked if the residents had considered installation of side- walks in the area. A number of residents present were in favor of the idea but a formal survey of the area had not been conducted. The resi- dents also asked if construction of sidewalks outward from the present curbing was an option. TRAFFIC SAFETY COMMITTEE MINUTES May 9, 1989 Page 4 Mrs. Fuhr also asked if the area of Golf Terrace and St. Johns Avenue could be checked for clearview violations as there is heavy vegetation in this area. Mr. Hughes moved to defer this item until the June meeting pending a traffic count and license elate survey to be conducted by the Engineer- ing Department, a speed survey to be conducted by the Traffic Enforce- ment Unit, and also a neighborhood survey regarding possible installa- tion of sidewalks. Mr. Sherman seconded the motion. Motion carried 5 -0. (2) Discuss parking lot concerns in the upper level of the joint -use park- ing ramp at Edinborough Park. Request received from Mark Hartman, Winfield Development. ACTION TAKEN: Mr. Hartman explained that Winfield Development is responsible for the ramp at Edinborough Park. His concern is for parents dropping children at the daycare center which is located there. His ideas were to possibly assign two slots adjacent to the daycare facility as short term, 10- minute parking stalls from 7 AM to 6 PM week days, and also to possibly add "WATCH FOR CHILDREN" and "SLOW" signs along the road- way. This request was initiated by Mr. Hartman as a convenience factor for the parents and also a safety factor for the children. The suggestion was made by Mr. Swanson that such signs be advisory only, as the Police Department has virtually no success in enforcing such short term signs. Mr. Hughes stated that the City has recently asked area tenants to consider construction of additional parking areas, but now would be removing two parking slots from use by those same tenants. It was the consensus that any of the suggested signing not be regulatory but rather advisory. Therefore, Mr. Swanson moved to remand this agenda item back to Edinborough Park Management and the Housing and Redevelop- ment Authority for further discussion. Mrs. Fuhr seconded the motion. Motion carried 5 -0. (3) Discuss traffic issues at the intersection of Parkwood Road and Larada Lane. Request received from Robert Kaatz, 6505 Parkwood Road. ACTION TAKEN: Mr. Kaatz began by reviewing what he believes are three problem areas concerning the present signing situation on Parkwood Road and Larada Lane. Firstly, the present "STOP" sign is located at the top of a hill. When icy winter conditions are present, drivers cannot get restarted after stopping and try to back their vehicles down the hill, which sometimes results in vehicles driving onto private lawns. Also, after the winter months, Mr. Kaatz is left with much of the sand which has been applied TRAFFIC SAFETY COMMITTEE MINUTES May 9, 1989 Page 5 at the "STOP" sign on his front lawn resulting from street cleaning efforts. Lastly, for Mr. Kaatz to exit his driveway, he must back through the "STOP" sign which he feels is in violation of the sign. Mr. Kaatz also expressed concern regarding increased volume in the area and also excessive speed on the two streets in question. Mr. Hoffman stated that the intersection of Parkwood Road and Larada Lane is not, in fact, well defined. He felt that solutions to look into might be striping of the street, reconstruction or redefinition at the intersection. Mrs. Fuhr moved assign the Traffic Enforcement Unit to Parkwood Road from 3:30 PM to 6:00 PM on week days for eastbound traffic and from 7:00 AM to 8:30 AM for westbound traffic, and also to have the Engineer- ing Department reevaluate the geometrics of the intersection. Mr. Swanson seconded the motion. Motion carried 5 -0. (4) Request to discuss signing at Edina Industrial Boulevard and Metro Boulevard. Unscheduled agenda request by Officer Kris Eidem, Edina Police Depart- ment. ACTION TAKEN: Officer Eidem's suggestion was that the southbound sign on Metro Boule- vard which shows right turn /left turn options only be upgraded to show a forward arrow along with the right turn arrow for those choosing to cross Edina Industrial Boulevard and proceed into the Food Fare complex. Mr. Hoffman moved that the request to change the present signing to include a forward movement option be referred to the Engineering Depart- ment. Mr. Swanson seconded the motion. Motion carried 5 -0. (5) Request to upgrade left turn signal on eastbound West 70th Street at intersection to northbound Highway 100. Unscheduled agenda request by Officer Kris Eidem, Edina Police Depart- ment. ACTION TAKEN: Officer Eidem's suggestion for this area concerned the two left turn arrows on the overhead traffic signal. One left turn arrow designates turning movement onto northbound Highway 100. The other left turn arrow does not specify movement onto northbound Highway 100 or northbound onto the frontage road. She would suggest that a sign be placed under this second turn arrow to designate turning onto the frontage road only. J' TRAFFIC SAFETY COMMITTEE MINUTES May 9, 1989 Page 6 Mr. Hoffman moved that the matter be referred to MNDOT. Mr. Swanson seconded the motion. Motion carried 5 -0. Meeting was adjourned. EDINA TRAFFIC SAFETY COMMITTEE oe�En J � �o • �N�bRPON`�`O • �ass REPORT /RECOMMENDATION To: Mayor & City Council & HRA From: Francis Hoffman JJ?q City Engineer Date: 15 May, 1989 Subject: Utility Relocation Costs Centennial Lakes Project Recommendation: . Agenda Item # V11.B. . Consent ❑ Information Only ❑ Mgr. Recommends I—x] To HRA Fx-� To Council Action 0 Motion ❑ Resolution ❑ Ordinance ❑ Discussion Authorize agreements between City and the following utility companies: Northern States Power, U.S. West, and Minnegasco to relocate utilities as needed for Centennial Lakes project. Info /Background: As part of the Centennial Lakes project, W. 76th Street is being relocated and all utilities in the street must be relocated. The following costs will be incurred as part of the relocation: Northern States Power - $ 50,000.00 U.S. West (telephone) - $162;000.00 Minnegasco - $120,000.00 Total - $332,000.00 These costs will be assessed to the Centennial Lakes project. The estimated budget for utility relocation is $350,000.00 J' s' i� O� REPORT /RECOMMENDATION To: Kenneth Rosland Agenda Item # Vim-• c. From: David A. Velde Consent ❑ Information Only 0 Date: May 15, 1989 Mgr. Recommends ❑ To HRA Subject: Lyme Disease Fx To Council Action ❑Motion ❑ Resolution ❑ Ordinance ❑ Discussion Recommendation: Info /Background: Attached Memo M E M O R A N D U M DATE: May 11, 1989 : TO: Kenneth Rosland FROM: David A. Velde ,(Al SUBJECT: Lyme Disease At this time, Lyme disease has not been diagnosed in Edina as result of deer tick exposures in Edina. According-to Craig Hedberg, Epidemiologist with the Minnesota Department of Health, there is no evidence indicating that deer tick are present in the community. In addition, research performed on typical carriers associated with Lyme disease (mice, deer) has not found the causative agent, a bacteria, in the population. Without identifying the causative agent in the deer, there is no compelling reason to exercise deer population control measures. Even if the deer population were eliminated, other animals can harbor the bacteria and continue the chain of infection of Lyme disease. There have been efforts to reduce the deer population in the Minnesota River Valley because of overpopulation and _starvation concerns. It doesn't appear that similar population control methods will happen in other areas such as Hyland Park in Bloomington. A task force has been assembled to study the deer population issues. There is an interest in monitoring the deer population for the bacteria that causes Lyme disease. When the deer were taken this winter in the Minnesota River Valley, samples were collected for analysis by the University of Minnesota. As of this date, the results of those analysis have not been released. I understand -that there may be a monitoring program for deer tick and the Lyme disease bacteria by the Metropolitan Mosquito Control District beginning in 1990. Presumably the monitoring program is dependent on adequate funding. I believe this would provide valuable information regarding the actual versus perceived risk for Lyme disease in our area. So far, the risk for contracting Lyme disease appears to be-greatest along the St. Croix River on both the Minnesota side and the Wisconsin side, and northeastern Minnesota. Y C Y z 4 Si s S. s: s. s' 1989 L OF EDINA CHECK .STER 05 -15 -89 . -AGE i i 2;:;a 4 950,910189 50.00 PAT MIR PERFeRMANeE 30 4ee4 78i ?e z 3 rrrrrr • rrr -CKS 6 6 7 e 4ais"a 06"910,89 165. ie BERTEL°SON BROS. lNG. GENERAL SUPPLIES I i0 4504 See Se 4516 !- 1556— ° o 4� —r i 12 rrrrrr rrr -CKS 14 le rgfo +gee 490.70 MIDWEST ASPHALT GOR. C 86AGKTOP "v Is 439,99 40-4E24°803 -8v ----- 1$3- 1 191 zo rrrrrr 135-701 05402489 8491 BEST BUY SUPERSTORE - - - rrr -CKS u 23 24 135701 05/02/89 35.94 BEST BUY SUPERSTORE FILMS /VIDEO 27 -4202- 661 -66 9502 26 z e 135701 05/02/89 147.98 BEST BUY SUPERSTORE OFFICE SUPPLIES 30- 4516 - 781 -78 27 2e 135702 05/02/89 680.00 KARE 11` TV ADVERTISING 27 -4214- 667 -66 31 3 135703 05/02/89 200.00 KIZITOL KALEMA REFUND 30 -3507- 000 -00 9 36 135704 05/02/89 89.59 ANCHOR INDUSTRIES FUN BRELLAS DEL 25- 4900 - 002 -68 83923 9399 3 3 4 135705 05/02/89 91.40 91.40 0 MPLS ZIP SORT CORP POSTAGE 23- 4290 - 611 -61 6262 41 43 as 135706 13- cz 7 () 05/02/89 ot-Wopuss 164.25 P6275 THE ARTERY THE ARTERY COST OF COMM coal Oe COMM 23- 4624 - 613 -61 - - - 6331 9830 45 e7 0e -6 i35707 05/02/89 427.00 36.00 • HPIR CONTRACT REPAIRS 03-4048-6110-61 5000ez 4D so s1 3,2R708 om40&4e9 36.00 00350 r -81-PPPI-Y FIRE BRICK SUP CO CONTRAT EQUIP 23-4248-GIP-61 7410 63 e4 ss se 135?09 05/02/89 203.50 63.00 r FRANE COST 00 COMM 01-4604-613-61 '401000 e7 ee 59 eo 63.00 r -211-RAN e1 ez 63 M 1357-11 ontopoeas 97.95 2r, 00 r NPSA EGISTRATION 30 -4208- 781 -78 e6 e6 e7 6e 1.2r,71.0 or-.0foo/89 25. 00 6-1 SO r CAMPTON CATERING SR MEA'S - - - e7D 0 71 n 63.50 r 73 74 7s 7 e e, Li 0 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 2 ur un •uu u o n av ucecwrr r j 2 3 6,825.00 + - 2 3r 4 4 135714 05/01/89 21.32 STEVE JOHNSON MEETING EXP 10- 4202 - 280 -28 e 8 0 21.32 • 7 6 7 135715 05/01/89 50.25 DIANE SANKEY TITLES FOR NEW CARS 10- 4310 - 560 -56 +o a 135715 05/01/89 2.31 DIANE SANKEY PARTS 10- 4540 - 540 -54 +1I 9 357-vs 0.5/-04 --/89 245 DIANE -SANKEY PARTS 40. -9544= 801 _80 13 10 11 55.01 • +4 15 12 40-4904-801-80 16.1 13 14 180.54 + +e 15 r717 - -0si/- i- /-89 7�5^ F� -DE 4-T- "4= OF��CF al_ _ �__PI TES 3"- SI6- 781 -78 1355- _ 19 zol z1 16 17 B 1,% 13718 or-leolle89 77.50 P7 so * PEGGY GERARD REFUND _ _ _ 22 24 ,9 20 27.50 + 25 2fi 21 Gi 3519 051-0- 1-18 9 6 a0 LIGHTING RESOI1PCE GENERAL SUPP1 TES 70- 4504 - 782 -78 1-cD A 22 23 24 65.90 • 10-1180-non-00 26 26 127.37 « 34 27 _- 1_35721 $510118.9 9pr� nn NATI ellrn aP�NKL aPPINKLER TE37 27- 4288 - 660 -6a 577ae�4-5D3 35 36� 37 ze 29 30 89 205.00 62 00 s TI TC MUSICIANS NT - - - 96 4. 31 32 62.00 « .1 a2 33 1435223 - $5/oi/89 8 10-4224-781-78 43I -a1 46 34 804.00 • 33 36 135724 05/01/89 50.00 PAT FUHR PERFORMANCE 30- 4224 - 781 -78 * * * -C 47 46 37 50.00* 49 38 135725 05/01/89 256.00 ROXANNE SEIDEL PRO SERVICES 30- 4201- 781 -78 SO 61� 39 25 6 -.0n * 52 40 63 41 42 135726 05/01/89 530.63 910,63 E KRAEMER & SONS • FILL MATERIAL 40 -451S- 803 -80 1866 1045 64 65 56 .3 44 45 135727 05/02/89 99.12 9942 KROMER CO r TIRE FLUID 27- 4504 - 664 -66 015519 1345 _ 57 5fi 591 Ieo 46 67 40 135728 05/02/89 135728 054OP489 109.00 199 00 GRUBERS POWER EQUIP GRUBERS RO ER EQUIP SUPPLIES 10- 4504 - 641-64 1308 61 62 63 64 49 308.00 65 Be $1 357 9 0- 5142/80 rg 9r, AZTEC FOOT PAR SAFETY SHOES 10-4262-646-64 1525 Be 69 B2 53 54 59.95 0 • METROQUIP INC GENERAL SUPPLIES 3e -45 - - 70 1 ss 56 71.50 * 173 741 S7 175771_ n5L021AO 6.d- ..AA__ AP-UA MEMBERSHIP -1.0= 42.04 -26- 0-2.6 761 7S_I r j a Yw w w b � 1989 CHECK NO OF EDINA DATE AMOUNT CHECK ASTER VENDOR ITEM 05 -15-8. .,AGE 3 3 60.00 • —DESCRIPTION 3 4 s 135732 05/02/89 25.00 CITY ENGINEERS ASSO DUES 10 -4204- 240 -24 e e 25.00 + e 7 135733 05/02/89 195.50 LEAGUE OF MN HUMAN DUES 10- 4204 - 504 -50 0 B 195.50 0 It I 121 10 135734 05/02/89 985.40 HOLMSTEN ICE RINKS CONTRACT SERV 30- 4248 - 782 -78 9115 1087 13 1z 985.40 + is to 13 135735 05/02/89 38.69 ANDREW MEDZIS TRAINING 10 -4206- 440 -44 17 15 38.69 + ,Bf zo 7 135736 05/02/89 126.60 HENN CTY MEDICAL AMBULANCE SUPPLIES 10-4510- 440 -44 125 1328 22 to 126.60 + 23 24 1B 135737 05/02/89 13.73 WILLIAM LUTT3 TRAINING 10 -4206- 440 -44 25 21 13.73 + 2 27 7 26 22 23 135738 05/02/89 565.92 MUNICIPAL SERVICE MANHOLE CUSHIONS 40- 4504 - 810 -80 10759 1431 24 565.92 + 25 zs + ++ +++ + + + —CKS 37 27 5740 05/0411�89 54 5 VOTER —ft" /ELECT SECT --- p — — — 36 3e ze 2B 54.75 + a6 30 13S741 OS404489 am 9p FRANCIS CALIAHAN Mll PAGE FOR A.PRlrl - - - 3B 40 31 3z 33 85.92 + - 42 43r CA 34^ 35 36 135743 05/04/89 325.00 PRESTO CLEAN SYST RUG CLEAN 27- 4304 - 662 -66 5672 1154 45 47 4e 37 3s 135744 05/04/89 45.00 GOPHER CASH REGISTER ANNUAL INSPECTION 27- 4288 - 662 -66 9018 1626 4B 511 52 40 az 135745 05/04/89 13.50 ID SERVICES INC NAME TAGS 27 -4516- 661 -66 58256 1624 03 I ee 43 44 135746 05/04/89 215.00 LEAGUE OF MN CITIES MEETING EXP 10 -4202- 100 -10 57 59 -750.00 6EAGUE Ot=—MN CITIES - hEETING EXP 10 -1202- 340 -14 eO 46 47 46 965.00 + 10-0148-000-00 e2 63� 64 49 50 $1 44.06 + TG EXP 10- 4206 - 440-14 ees e e7 ee 52 53 54 20.00 + ell 70 71 55 135749 05/04/89 25.00 AGNES FINE ART DEMO 30- 4224 - 781 -78 7' 74 56 57 135749 05/04/89 25.00 AGNES FINE ART DEMO 30- 4224 - 781 -78 75 7 b � `JI 1989 CITY OF EDINA I2 3 e S 0 *' o 9 ,1 i z. r - 21 z: z, 31 3 - 3: 3: 3� 3! 30 31 - 31 3! 41 1 4. 4. 4! 4 4' 41 4! s s+ 51 i CHECK REGISTER 05 -15 -89 PAGE 4 r> 25.00 * 135750 05/04/89 25.00 SUE BLAIR ART DEMO 30- 4224 - 781 -78 25.00 * 135751 05/04/89 90.00 CHERYL SAWYER ART DEMO 30-4224 - 781 -78 90.00 135752 05/04/89 75.00 JOAN MICKSON ART DEMO 30- 4224 - 781 -78 75.00 135753 05/04/89 50.00 MARIAN ALSTAD ART DEMO 30- 4224 - 781 -78 50.00 135754 05/04/89 55.00 BOB CONNALLY ART DEMO 30- 4224 - 781 -78 55.00 135755 05/04/89 25.00 NICK LEGEROS ART DEMO 30- 4224-781 -78 25.00 * f 135756 05/04/89 50.00 JUDY LIEBER ART DEMO -� 30- 4224 - 781 -78 50.00 135757 05/04/89 5.00 BILL DIETRICKSON ART DEMO 30- 4224 - 781 -78 135757 05/04/89 50.00 BILL DIETRICKSON ART DEMO 30-4224 - 781 -78 35427- X5104-/ - &9 „nn- 0111 D4E- T- RlCKS-0N AR -DEMO 3A= 4224 - 781 -Tw _ QS7S8 05/04189 50.00 Ps On * KATHY GUSTAFSON ART DEMO 10-4PR4-M-7A 25.00 * 13- 5- 759 - ^o5le881489 175.00 TREASURER BOOKS 10-4690-44 =44 175.00 * a 4S TIERNEY BROS INC GENERAL SUPPLIES 10- 4504- S10 -Sl - 01155 288.45 * - 135744 -------- 05 - / -4 9 300000 PAT CF KKR AC --INSTRUCTOR PI- 4POI- 611 -61 300.00 * 13S76P As/08/89 Ina 00 RE-TAY BRYANT A - - - 108.00 * I 1357x3 05 08/ -8 -9 1.1 0 JO RUTH AC- OFFICE ADM P"1-41 P-0=6-1-1---61 135763 05/08/89 56.00 JO RUTH PRINTING LAYOUT 23- 4600 - 611 -61 191.00 * 135764 05/08/89 450.00 SUSAN KELM AC ADVERTISING 23 -4214- 611 -61 450.00 i0 135765 05/08/89 869.00 WALSER BUICK SALES TAX ON CAR 10-4901- 140 -14 869.00 * 135766 05/08/89 124.00 IND SPRINKLER CORP PRO SERVICES 50- 4201 - 840 -84 M06047 1 124.00 * r> • • • w Y c • • • • • • 1989 L OF EDINA CHECK 1, STER 05 -15 -89 AGE 5 r 2 2 3 T - — 4 4 3576 AS�08 .89 1�5A. AA SUBURBAN SERVICES 10 d 2�15 06 -5A e 5 1,750.00 * e 6 7 13CZ768 0 .0189 P-04. 00 STELLA CLAY ART WORK SOI-11 e 204.00 * w 6 10 9 11 5769 05/08/89 38.17 HUDSON GENERAL- SURPLICES -dCAd� 7O2 -7� 14AI 12 10 38.17 11 * 14 12 .9108489 1-7S., 10 BAKER PPnOLS GE- NERe1- SIIPPI TES 10-4SO4-781-78 10 24 1 1eI 13 135770 05/08/89 89.50 BAKER POOLS GENERAL SUPPLIES 30-4504 - 783 -78 30866 1155 17 • 19 264.60 * 10' 20� 1B 135771 05/08/89 486.00 BUDGET LIGHTING INC GENERAL SUPPLIES 2$- 4504 - 702 -70 019318 1498 21 1e 486.00 * 23f 244 19 135772 05/08/89 50.00 JAMES JEZIERSKI EQUIP MAINT 10 -4274- 420 -42 2' 21 50.00 * 27� _ 2e 22 135773 05/08/89 45.51 S A SCHWARTZ JR SCHOOL 10- 4202 - 420 -42 23 135773 05/08/89 20.00 S A SCHWARTZ JR MILEAGE 10- 4208 - 420 -42 30, 24 5 25 33 26 135774 05/08/89 16.50 JOHNSTONS SALES Q CONTRACTED REPAIRS 10 -4248- 440 -44 78857 9905 35 27 S 6 REPAIR PARTS 10-4540-440-44 78857 9_ 36 2s 82.92 * 3 29 9 30 59 I '2r,77r or-leosoeS9 so 00 SCOTT JOHNSON PERFORMANCE 10-4224-281-78 40 31 60.00 * 4t 32 42 33 '6 05/0 FT — — — 44 34 Y O 25.00 * 45 35 4e 35 47 37 — — — 48 3e 50.00 * 42 39 51 135778 OS/08/69 75.00 LYNNV4�ETERSON PERFORMANCE � — — — 52 40 75.00 * 53 41 04 551 42 5e 43 — — — 50.00 * 57 44 45 PERFORMANCE e9� 30- 42E�{- T$1 -7$ eo 46 100.00 * ei 47 62 64 48 — 49 100.00 * 65 50 e7P 51 30-4224-781-78 as S2 100.00 * e7O 53 71 54 72 S5 1.340.45 * - - - 73 56 77 57 _AYMFMT__.._.._.._.._....... QA —AAAA —AAA —AA 7 I , I L� 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 6 3 38,988.97 * t 3( 4 135785 05/09/89 24.98 JOHN HAMMOND BALL PICHER 27 -4288- 667 -66 s 24.98 * 7 e ' 135786 05/09/89 109.59 EARL MEICHSNER MEHA ANNUAL CONF 10- 4202- 480 -48 to 6 135786 05/09/89 109.59- EARL MEICHSNER MEHA ANNUAL CONF 10- 4202- 482 -48 11I 9 1- 35786 - 05!-09/89 ' 69-59 —CARL 109.59 * ME4GFtSNER HEHA- ANNUAL GOt11 ^-420- 482 48 -- z 13 14 10 „ 12i i r- 7a7 054090e89 114 59 ELLIOTT MARSTON MENA ANNUAL CONF 10- 4202 -4 80-48 17 1° 13: 114.59 * 17 n 14 9 NEHA -DUES -- I."- P- 04- 480=A8 - 2O- 21 z2 23� 2' 16 17 10 50.00 * u 8� 0/09 /R9 J' 160 9S LAYNE MINNESOTA PAYMENT 60- 2040 - 000 -00 S 9� 12, 160.95 * Ize lo ZZI 0- S/-09/Z .4, -41- 11-.-49 - LANDWEHR -- HEAVE— PAYMENT 60 -P040 -0.00 =n0. - -�2. 24 13S791 0.5/09./89 74,416.49 * 60 209 48 S M NFNTGES A SONS PAYMENT AO-PO40-000-OA 30 33 26 60,209.48 * 34 {I 2� -9/�9 °-34-44--------JAI �NDUSTRIES -IaJ!' pABY CHANGING -TABLE 1"SO4-7 2-7-8— — 351 26 29 434.40 7 37 30 90 30 � # # ## * * * —CK 40 31 41 32 33 135794 05/09/89 213.40 213.40 FIDELITY PRODICT CO FILES 30-4516-781 -78 534878 9003 42 43' 44 34 33 36 135795 05/09/89 30.10 is OR MOLLIE PAULSON MOI I IF PAIII SON ART WORK SOLD SERVICES 23 -3625- 000 -00 45 40 47 40 37 49.15 * a9 so 39 35796 �"5�09/39 3a . �0- Q11SAN FRAME ART WORK SO n P:- 36PS- 000 -On _ I5? °O 41 31.50 * ea 42 797 0- 5./09./89 P1 00 CY TURNBl ADH ART WORK SOLD 23 -36PS -000 =0 S3 e6 43 21.00 * se 44 5a 45 357-98 - rG- /09/89 00,E 1 BETTY PE D-I-E- ART WnR.K S ID P1- 3625 = 04-0 -=-00 6 d6 47 47 30.10 * :21 03 46 IIS799 0.5/09189 511 00 GARVENS GREETING PAPER BAGS 50- 4514 - 842 -84 123 64 49 135799 05/09/89 50.00 GARVENS GREETING PAPER BAGS 50- 4514 - 862 -86 1233 65 65 50 100.00 51 - —eel 52 135800 05/09/89 12.50 VFW ADVERTISING 50- 4214 - 822 -82 70 53 54 135800 05/09/89 12.50 VFW ADVERTISING ADVERTISING 50- 4214- 842 -84 50- 4214 - 8.62 -86 71' 72 55 56 37.50 * 73 74 57 4. * * *** .— ,— — - -- * * # -.0 KS —�9� 75 %W (l 1 l 1989 OF EDINA `Il 191 ` E 1 3! 31 T 31 4: 4. 4! 41 4' 51 CHECK aSTER = 05 -15 -8. .'AGE 7 35502 5803 0 049/89 050109/09 1- r881.48 1,081.48 100,=0 DONALDSOPI--tND- -GROUP 8HARPEWER /VACUUM * MER1...I P ON ^ERSON GOLF DOME d AINT 2$- 4380- -001 -0-4 -22244 --9-93 27-4268-667-66 35504 05/09/89 100.00 198.40 * TIRE TOWN - GENERAL-SUPPLIES 28- 4904 -I44- 7039202 1579 05/09489 198.40 1-2 so 00 * DEDF HENSEI PRO FFpSeSHOW PO-4224-701-70 5806 05/-0-9/--89 1,250.00 300.0�0 * 0u TI'K -TC3 ADVVERTISING 07-4014-667- "53202 2 -04 MrG07 oc eo9 /A9 300.00 12i c0 * DON E.NGER UNIFORM ALLOWAMCE 10-4269-420-42 58 -08 051009.oeAs 123.50 31.ae5 * ST PAUL PIONEER SAPAERS 27 -4516- 661 -66 17-0-6 InOO9 CS4091M 31.25 40 OR * CORNER MARKING CO SIGNS 27-4904-666-66 9114 jr'AJ 50°',0 05/09/89 40.05 640.00 * °eEANt CONSTRUCTION EN G FEE 27-4001-664-66 -- I'Mall 05409489 640.00 7RI -1p * JOHN NEISON CONTRACTED REPAIRS 27-4248-662-66 5i09/89 751.32 859 00 * IMPULSE CONCEPTS MESSAGE SYSTEM 27-4248-662-66 23129 98 I-zczal-z or-409489 859.00 186,541 74 * LAKE AREA UTTITTY PAYMENT 60-PO40-000-00 51109/89 186,541.74 B-41 * GRE -G--BEa4 l-lPRE- WOO BILL OVERPAYMENT 40-3800-000-00 8.41 * 5816 05/08/89 23.16 1 1 • 10EL KUNTZ HEO_- B_11 OVERPAYMENT 40-1800-000-00 135817 OR/09189 .25 11.25 -47 80 * HENNEPIN CTY SHERIFF -1- GENERAI SUPPITES 10-4504-420-42 135817 05/09/89 226.80 264.60 HENNEPIN CTY SHERIFF * GENERAL SUPPLIES 10- 4504 - 420 -42 135818 05/09/89 126.86 126.86 BRIGADE * SET COATS 10- 4266- 420 -42 702341 9352 135819 05/09/89 204.85 204.85 DOYLE LOCK * 24 LOCK JOCS 10- 4504 - 420 -42 60028 1347 I 1 1 s r r 0 IN a1 e v 0 c�. 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 8 ur.,nne TTew necroTOTTnN ArrnIINT Nn TNV Y P n A MFRRACF 1. 2 3 35820--- 0SAO9489 2 -0"0 200.80 �OFFI- CE -OF-- EMERGENCY * HAZMA-T-T-R INI -NG ***—CKS 3 5 e DI 4 S e ° 13SA29 05/02/89 25.40 ALBINSON PRINTS /GOLF COURSE 10 -4201- 600 -60 8742 O 10 „I 9 4 -35A29 135A29 05/04/89 05/02/89 -3 - - 4543 189.59 - ALB- I-NSON ALBINSON PRINT-- P-AP-ERA ENS REMODELING -1-4- 4570--260-26 -- 25 -4924- 520 -52 547270 - 8742 - - 511912 -- - -- 12 13 ,e 0 " z 135A29 05/02/89 266.00 2 ALBINSON REMODELING 25-4924- 520 -52 513864 8035 1 +e- IJI n ,4 *** *** � * ** -CKS tB ,ol 1s - - - -- zo 6 13SA34 05/04/89 211.00 ALLIED PLASTICS PARTS 10- 4540 - 390 -30 1873 1427 2' z2 17 Ie 211.00 * 23 24 19 ** *—CKS 21 :1 3-.44 1 004 /-04 89 5567 -08 AMBASSADOR- -SAUSAGE FOOD 27- 4b24- bb3-66 - — 27 2e 22 23 S56.06 * I3o i. tar 251 26 135A49 05/02/89 .201.36 AMERICAN LINEN LAUNDRY 10- 4262-440 -44 *o*—CKS i9 33 4 35I 27 35A49-- �5L-02/ -89- — 10-.64 ,A.MER- 1-CAN- L- INEN --- LAUNDRY 1 -0= 4262-482---48 36 37 2° 135A49 05/02/89 18.00 AMERICAN LINEN LAUNDRY 10- 4262 - 520 -52 29 13BA49 05/02/89 99.78 AMERICAN LINEN LAUNDRY 10-4262 - 520 -52 3111 30 5A4* _0,5inaig.g 104 26 AMERICAN I INEN 1 AUNDRY 10-4262-782-78 not 4, 31 135A49 05/02/89 60.82 AMERICAN LINEN LAUNDRY 50- 4262-821 -82 az 32 135A49 05/02/89 78.36 AMERICAN LINEN LAUNDRY 50- 4262 - 841 -84 43 33 00 fi7 02 AMER- SZAN -- LINEN 1 n��k DRY 90- 426a- 861-86 44 34 35 640.24 45 46 471 36 4,3 37 S9 30 135802 05/09/89 80.91 BFI PORTABLE SERV SATELLITE SERVICE 27- 4288 - 664-66 SJ 5+I 39 + __ ~5211 1 40 41 42 * * * * ** * ** -CKS 53 5d 551 Se 158 43, 135807 05/01/89 2,789.40 BADGER METER INC WATER METRS 40-1220- 000 -00 579190 57 44 135807 05/01/89 46.15 BADGER METER INC METER PARTS 40- 4540 - 807 -80 579239 59 45 7 83"S t - - 46 61 47 4° ** ** ** *** —CKS ez e3 64 49 135613 05/04/89 938.54 BARR ENGINEERING EGN SERVICE 41 -4201- 900 -90 65 6e 50 51 938.54 b --So 67 52 53 * * * *** * ** -CKS 70 71 54 OR40A489 i21 A-8 RATTERXJAAREf!LQU.SE BATTERY 1 0- 4540— q&o—S6 ';4893 1278 i2 55 321.1$ * 74''. 56 57 - _.._. * * *- CKS!70 751 + t z z; ^ ` Z c 2. z: `21 r zi m 31 M 1989 L OF EDINA CHECK I. .8TER 05 -15-89 AGE 9 135Bao 05 -/-W" "39-00 BEACON- P- RODU�CT"O. NEW -H WERS 2-7-> -34A- 000 -=09- T- 50- 3499650 439.00 s 135B22 05/09/89 540.90 BEER WHOLESALERS BEER 27- 4630 - 663 -66 35B2a05/09/ -89 945.00 BEER-WHOLESALERS --- -DER 50-4630- =822-82 135B22 05/09/89 11629.65 BEER WHOLESALERS DER SO- 4630- 842 -84 135B22 05/09/89 1,373.00 4,1188 55 + BEER WHOLESALERS DER 50- 4630 - 862 -86 ssssss *00-CKS 135825 05/09/89 100.00 BENNETT -WAYNE POLICE SERVICES 10- 4100 - 430 -42 100.00 s sssss (2 Checks) sss -CKS 35B30 1A 05/09/89 165.12 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 520 -52 451651 05/-09/89 d7.-49 AERTEL-SON -EROS- INC - ,GENERA' SUPPLIES 10- 4504-184 --18 466170 135B30 05/04/89 36.79 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 200 -20 465499 135B30 05/01/89 21.56 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 490 -49 5830 08409189 22.1{5- AERTCI S N AR 5 INC CREDIT 10- 4904_G _ 135B30 05/01/89 134.45 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 460284 135830 05/09/89 341.08 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 466242 - i35038 009189 170.54 BERTELSON-DR OS-.--MC . GENERAL SUPPLIES 1-04_904-5- 1-0 =-5 -1- 466242 135B30 05/09/89 112.25- BERTELSON BROS. INC. CREDIT 10- 4504- 510 -51 135830 05/09/89 114.99 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 466226 - BFRTWISON PROS INC GENERAL SUPPI YES 10-4504-910-91 458 135B30 05/01/89 2.55 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 453097 135B30 05/01/89 .78 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 462342 6830 05.1001 -A9 2.55 BERG - LEON -EROS 4NC, SENERAI SUPPLIES Lm;4504 =,� G�53057 135830 05/09/89 86.90 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504- 510 -51 466238 135830 05/04/89 75.74 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 465497 30 0vszop-e89 118 1A AERTFI$ON -PROS INC GENERAL SUPPLIES 10- 4504- S1D -51 464 13SB30 05/01/89 45.33 BERTELSON BROS. INC. GENERAL SUPPLIES 10- 4504 - 510 -51 462342 135830 05/02/89 23.20 BERTELSON BROS. INC. STAMPS 10- 4516- 440 -44 462343 1316 58-3-0 05/02-/-89 39.34 BER-TE-LSON- BROST -I-NC, C IP80ARn$ 1-0 44916 = 440 =44 63720--1-32 135830 05/01/89 494.80 BERTELSON BROS. INC. REMODELING 25- 4924 - 520 -52 460699 1217 135B30 InB'30 05/04/89 01-5/04,189 22.80 4 00 BERTELSON BROS. INC. AFRT171 SON BROS INC FIRST AID KIT OFFTCP SUPPLIES 27- 4516 - 661 -66 P7-4516-661-66 463717 46207S 135830 05/04/89 39.84 - BERTELSON BROS. INC. OFFICE SUPPLIES 27- 4516- 661 -66 463767 135B30 05/02/89 52.34 BERTELSON BROS. INC. OFFICE SUPPLIES 30- 4516 - 781 -78 464658 35830 05/-09-/89 27.7A - BERTE4.S0N- BROS_4NC OFFICE-SUPFL-I-ES 30- 4516- 781 -7n 46666,6-1693 135B30 05/04/89 3.00 BERTELSON BROS. INC. OFFICE SUPPLIES 30- 4516 - 781 -78 464658 1574 1,908.67 1.743-55 _ ssssss 1-3583P 05/099/889 205.50 BEST LOCKING $Y$TEM$ LOCKS 27-1100-001-00 91758 sts -CKS 275.50 • 135B72 05/01/89 103.55 BRAEMAR CLUBHOUSE TRAINING EXP 10- 4212 - 510 -51 i 1989 CITY OF EDINA CHECK REGISTER 05-15 -89 PAGE 10 _.._��.�., -. _ 'L .,__•-- ------- -.._�1 3 103.55 rt ° • #rtrt+1rt 5 ___14 *** -CKS e e lzr-B77 OS104 89 707 SO BRAUN -ENG- TES -TNG INC F rur_ SERE1! 60 -- 1300 - 341 -n+ 16A-OA a 7 e 707.50 s 9 135878^.5/- 09/-89 m_.8i BR- ISSMAN-KENNEDY--INC CLEAN3NG-SUP-PL4ES 1 -0-45 -1 -2- 520 - -52 -- 123492- 1 -47 -7— 11 — 12 '0,135878 05/02/89 36.38 BRISSMAN- KENNEDY INC 02002 CHASSIS 10-4514 - 520 -52 123579 13 2 219.19 s ,� 1! 13 srt # #rtrt 14 sits -CKS 1 1 15 1 -35B83 05- 1 -0-1 -/-89 234-04 BR -YAN- ROCK- PRODL_INC ° -I -P -RAP 40- 4515-902= 9- 0-5A242 -8785- 16 -- 2' 17 6 135B83 05/01/89 521.82 BRYAN ROCK PROD. INC FILL MATERIAL 40- 4532 - 803 -80 8T88 2' 8 752.86 * 2: 2, ****** * ** —CKS Z,901 z 2, z: — 135891 -05/-044$9 33.04 - BURY_.Y r►rA ON I.NC � ASPHALT 10 4524- x'-01- 30-321 -0b - 1-1-04 21 22 23 La 33.04 • 21 24 i 3' rt - 3: 25 26 135C01 05/02/89 493.04 C Q S DISTRIBUTING CRAFT SUPPLIES 23- 4588 - 611 -61 85723 9842 3: 3. 31 2 -7� -- &5402A 9 =1-.85 C -6- 3-D- ISTRIBUTING COST- OF- --COMM 3=46?-4--61.3-6"8S852-3830--- ----, 28 135C01 05/02/89 19.15 C Q S DISTRIBUTING COSST OF COMM 23- 4624 - 613 -61 085896 9830 31 29 135C01 05/02/89 30 47.67 C d S DISTRIBUTING COST OF COMM 23-4624 - 613 -61 085764 9389 31 61 31 32 sssrtss 3] 4' 4' *** -CKS 4: 4. 34 135CO4 05/02/89 34.00 CAMPBELL SPORTS COMMISSION HONOR 10-4202- SO4 -50 15706 4( 35 135004 05/08/89 36 5.05 CAMPBELL SPORTS GENERAL SUPPLIES 30- 4504 - 782 -78 15728 1423 41 41 37 38 sssrtrtrt 39 a< sss -CK$ sf I5: °O 13SC13 05/02/89 112.89 CASH REGISTER SALES ADD MACHINE TAPE 27- 4516 - 661 -66 361347 1475 6; 41 42 112.89 51 a3 rtrtrt4rtrt 44 *** -CKS 51 45 135 -C 4 ,Ot jB9 46 -48 CHAP-- IN- RUBLI�H�tJG CO ADVERTISING- 3-04']4- 781 -78 -98657 - -« 46 47 46.48 * 6, ae* e3 rrts -CKS '6 49 6 �135C30 05/08/89 105.60 CITY BEER BEER 50-4630- 822-82 51 135030 0 /48A6 '27 -x-80 Cl-T -Y -BEER BEER— 5.0= 463.0= 842 -84 - co '- 52 135C30 05/09/89 100.80 CITY BEER BEER 50- 4630- 862 -86 ; S3 334.20 • 7 55 rtsrtrtss 56 sss -CKS 7 `7 1- 3563 -3 O5 /-02/89 - -- -�06- iS C-I -TY_ F -EDINA -- WATER — —� -0= 4258 =540=54 0 i a) 7 f e ,I 4 5 `l „ 2( 2 2: E21 =w r 3( df s< SI s: S; SE J 1989 OF EDINA J CHECK .STER 05 -15 -812 . -AGE 11 18NDOR u 135C33 05/02/89 1-35C­3-3------0S-/-0e/-89 27.10 —68-20 301.45 • CITY OF EDINA GI- T *-OF- -EDINA WATER "AT'ER 10- 4258 - 646 -64 50 4258- 824- -8 13SC36 05/09/89 36.75 36.75 t CITYWIDE WINDOW SERV WINDOW WASHING 50- 4248- 841 -84 135C37 1"4rlc:17 05/04/89 95,44-189 46.86 84 11 CLANCY DRUG INC. CIANCY RUG INC. GENERAL SUPPLIES GENERAL SUPPLIES 10- 4504 - 260 -26 10- 4504 -� = -646-R 135C44 -35C44 05/09/89 45!09/49 70.97 334.96 165.fgg t COCA COLA BOTTLING COG"Ql A -80TTI ING COKE mix 27- 4624- 663-66 50 4632 -9 - *jk=CKS 135C44 135C44 05/09/89 05/09/89 572.73 571.30 COCA COLA BOTTLING COCA COLA BOTTLING MIX MIX 50-4632- 842 -84 50- 4632- 862 -86 tttttt ttt -CKS 135C64 135C64 3SC6 4 05/04/89 05/04/89 05/04/89 284.15 224.23 2 ,6.16 CONT- MINNESOTA CONT- MINNESOTA GONT=MINNESOTA SUPPLIES SUPPLIES SUPPLIES 27 -4504- 663 -66 27 -4512- 663 -66 - - 2,596.54 t 135C72 05/09/89 20.00 COPY DUPLICATING PRD PRINTER WHELL 10- 4504 - 420 -42 102667 tttttt ttt -CKS 135C76 05/09/89 43.61 43.61 t CRANE PACKING CO. PACKING 40- 4540 - 801 -80 6942 1113 tttttt ttt -CKS tsttt 445.30 t *•+ CKS 135D07 05/02/89 155.82 D. C. HEY CO. CONTRACT REPAIRS 23- 4248 - 612 -61 _4248-63P-61 105272 307528 98 1- 135D0T 05/01!89 50.09 290.66 t D. C. HEY CO. 8ERVICE3 CONTRACTS 30- 4288 - 781 -78 108801 1550 tttttt 1-ir'nol 05004489 160 00 DANNYS CONSTR CO CRANE RENTA' 40-4P48-801-80 6279 1141 ttt -CKS 160.00 t 1989 CITY OF EDINA CHECK REGISTER _C4prii- NA nATR - _. — _AMAIINT ___.._ VFNnAR TTCM flC4CGT0TTAN 05 -15 -89 PAGE 12 AC_COLNT— NO_ --LN.V tl_P -O- 0 MESSAG 1. 2 I1 2 3 - - -f 35D27 OS/-09/89 ISO-10 DAVE --S —FOOD —WAGON M-I- LK / -ICE —CREAM 27- 4624 -663 44 - -- 3 — - I. 5 150.10 * e e 7 * *=CKS °- 7 9 6 135D29 05/08/89 287.90 DAVIDSEN DIST. INC. BEER 50- 4630- 842 -84 IC ,1 9 f 35D29 OS/- 09 -/-89 75 . `8 DAVI- DSEN—DIST —ZNC : —BEER 5-0 =463-0-862 86 - -- - - - - -'? 10 1 363.50 * ,a 14 12 , 131 ,7 t4 135D33 05/09/89 194.25 DAVIS— EUGENE WEED INSPECTION 10- 4201 - 600 -60 �E --- 135D33 ------- 4S/09/S9 36-96 DAV-M— EUGENE M4-LEAGE 10- 4208=- 600 -60 2c 16 17 to 231.21 * 21 z: z: z. 19, 20 135D61 05/09/89 100.00 DICK NISSEN POLICE SERVICES 10- 4100-430 -42 2: �2: 21 . A A 04- -* -- — I21 22 r 23 a * * * ** 24 * ** —CKS 3. 25I 13SDSI 05/09/89 395.00 DOWNEY WATER COND. SALT H2O SOFTENER 28- 4504 - 702 -70 0583 1581 3: 261 395.00 271 28 * * * *aa 29 _ 31 * ** —CKS 3: 3, 30 -35E17 05/08!89 3. 144 -45 PAST SIDE—BEVERAGE PEER 5,O-4.6:1O_—A22_—a2 35 a1 3' 135E17 05/08/89 6,456.45 EAST SIDE BEVERAGE BEER 50-4630-842-84 05/09/89 5,699.75 EAST SIDE BEVERAGE BEER 50- 4630- 862 -86 la: 331 34 _ 4`. 35 • * * *a* 36 *** —CKS a� at 37 13SE57 OS/08/89 999.00 E —Z SHARP INC SKATE SHARPENER 28 -1300- 001 -00 5782 9919 45 5c 3e 39 — 999.00 * 51 4 _.5: 5' *a * * ** a, 1 ** *—CKS 5. 42 13SF_02 OS/02/89 2,283_60 FACILITY S.YS.TEMS REMODELING 25- 432.4-52.0- S2�6S1- 7�4 -96 5' 5f 43. 135F02 05/02/89 3,610.20 FACILITY SYSTEMS REMODELING 25- 4924 - 520 -52 36518 9498 ;� 44 13SF02 05/01/89 264.16 FACILITY SYSTEMS REMODELING 25 -4924- 520 -52 36399 1557 5f 45 135E02 05/- 02/-89 -- 1 00 �ACILIT�SYSTEMS REMODELING ag =4928- 52.0 =52 -35348 — _ - -- �6C 46 13SF02 05/02/89 975.00 FACILITY SYSTEMS REMODELING 25- 4924 - 520 —S2 35225 1557 61 47 46 7, 167.96 * a, f.4 49 * * * * ** *** —CKS lee soil 16, g' 339 -r90 -TECONTROL FEED--- R- I -- H2O— TREAT —EQUIP -- AOm462Zm805 -80-1 -280 -- _ —_,ec 52 135F11 05/01/89 339.00— FEED RITE CONTROL H2O TREAT EQUIP 40- 4622 - 805 -80 1280 eC 53 135F11 05/01/89 339.00 FEED RITE CONTROL H2O TREAT EQUIP 40- 4622- 805 -80 120552 1280 71 54 5F 1 I 05/!1489 d - a73 71 FEED RITE CONTROL CHEMICALS 40 -4f Z —8_OS B T 2O_429 7981 72 56 4,612.71 * 73 74 S7 7! f i I_ . 1989_ _ OF EDINA V v' , v , , d' , vZ _w a :%W 31 4 4; W. 4' 41 41 51 CHECK STER 05-15 -81 AGE 13 - -435F59 05!-02-/39 133 -88- FRANK— I— ZAMBONI — GENERAL- 8UPPUE8 30=4504 - -782 - -7" -0267--9705 135F59 08/02/89 584.83 -5?e.90- FRANK J. ZAMBONI GENERAL SUPPLIES 30- 4504 - 762 -78 10207 9268 718.71* + + + + +* + +• -CKS -35GO; 05/- 09/39 471.18 G ERVI -CE8 LAUNDRY l4- 4262-301 -30 135G01 05/09/89 283.15 G & K SERVICES LAUNDRY 10-4262-560 -56 135G01 05/09/89 236.92 G 6 K SERVICES LAUNDRY 10 -4262- 646 -64 135r.01 05!09/39 207.44 r_ io --r -K SER- V4-CES CLEANING SUPPLIES 10 -4512- 540 -54 135G01 08/09/89 54.69 G d K SERVICES LAUNDRY 28- 4262 - 702 -70 135G01 05/09/89 233.30 1,486 68 + G 6 K SERVICES LAUNDRY 40- 4262 - 801 -80 tsetse + ++ -CKS 135G09 05/09/89 680.00 GOVT TRAIN SERV AUTO PISTOL TRNG 10- 4202 - 420 -42 5722 135609 05/09/89 450.00 1-x13 0 0 0 + GOVT TRAIN SERV FIREARMS INSTR TRNG 10- 4202 - 420 -42 5750 ++++++ . sss -CKS 13SG24 05/02/89 27.30 GEN. COMMUNICATIONS RADIO SERVICE 10-4248- 440-44 430857 1325 135G24 05/08/89 56.10 GEN. COMMUNICATIONS CHARGER REPAIR 10-4248- 440 -44 48155 1325 35624 05/ -081 -9 68 30 EN— COMMUNI- CATIONS RADIO- RE- P-4-IR 10-- 4248-440-44 - 4$154 -1- -325 13SG24 05/02/89 64.60 GEN. COMMUNICATIONS RADIO SERVICE 10 -4248- 440-44 48098 1325 13SG24 05/04/89 84.00 GEN. COMMUNICATIONS RADIO REPAIR 10- 4294 - 560-56 47917 ss++++ sss -CKS 135G26 05/09/89 19.99 GENERAL OFFICE PROD OFFICE SUPPLIES 10- 4504- 420 -42 19.99 + ++++++ 1-35G30 05/01/89 63.00 GENERAL SPORTS LAUNRRYIUNLFORMS 30-4060-782-78 3453p 117 sss -CKS 63.00 + 13SG38 05/09/89 100.00 100 00 + GEORGE BUTLER POLICE SERVICES 10- 4100 - 430 -42 +sssss ss +-CKS 13SG42 05/09/89 275.43 GIL HEBARD GUNS TARGETS /AMMO 29- 4648 - 722-72 73447 1489 275.43 + s+ss++ - P7-461P-664-AA **o-CKS 371.74 + li A :l e �r e10 iv L 1989 CITY OF EDANA CHECK REGISTER 05-15 -89 PAGE 14 2 z — .. —��.�— • •VV t t.,- �—a,W wFi��iVl e e1NVVViN— J1V- .� -:�JI' — - V- �9- 1- 1WJf1VG� 3 - --- 4-35G62 05404/89 ' ' -02 -00 G GRANDMA- 9- CUPBOARD- - -P -0P -CORN P P7­4624- 663m66--- - - -.- 4 s 1 102.00 * * a a 8 ] +*rs *n C ] 9 0 1 135668 05/04/89 1 115.00 G GRAYBAR ELECTRIC CO. P PARTS 1 10 -4540- 520 -52 746482 1214 0 0 1- -35668 05/04/89 1 177 -40 G GRA -Y- BAR- ELECTR- I- C -CO --PARTS 1 PARTS 4 10- 4540 = 540 -54- 821 -904- 947E - - - - - -- _: 10 1 2 3 360.55 * * , , ;4 1 1111** * *** -CKS 5 — — 435G80 05/ -081 9 1 100.00 G GREER- =SAT A APR- I-L- EXHIHIT�EE— 3 30,1�5b4i 0—O0- 40 1 12, „I 1 100.00 * * 1 12 z. is z +�,ka z: - 35x35---- DSA09/89 L6 -3_5 -9 - JERR- YS- P- RINT.ING- — ESA-- EHO -TO_. COP -Y-ING 10-460.0 -60 -0- 6 05 9 28 ___-- .- __- _._____ t �I4 0 c ]� I ,F, 1969 OF EDINA CHECK STER 05 -15 -8: AGE 15 47 135K45 05/08/89 204.45 KOKESH ATHLETIC VOLLEYBALL NETS 10-4504- 624 -62 22270 1645 eel 4B 449 864 35 KOKESH ATHLETIC BAS 10-4904-642-64 641 49 135K45 05/08/89 859.50 KOKESH ATHLETIC BASES 10- 4504 - 642 -64 21672 9829 63 6O 1,928.30 * 67f S1 66 52 *** -CKS 70 33 7 54 — — — 72 2 55 135K57 05/08/89 6,339.35 KUETHER DIST. CO. BEER 50- 4630- 842 -64 74 S6 9,577.31 * 75 57 is 2 1 135J35 0 05/02/89 7 75.74 J JERRYS PRINTING P PRINT 2 23- 4600 - 611 -61 3 3 3 3 35J35 9 95- /$9 -/89 5 570--00- J JERR- YS- PRINT -I-NG . .ELOPES 4 40-4504-844-6-0-454-58 ' e 4 809.33 + ' e ae*-CKS s 7 i o 135J47 0 05/09/89 2 210.00 J JERRYS LSCAPE MAINT S SNOW PLOWING 5 50-4248 - 841 -84 6 6580 „ o 10 1 _ , *w* -CKS , 13 14 1 05/08/89 2 20.00 J JOHNSON -NAOMI P POSTAGE 2 23- 4290 - 611 -61 ; ;; 135J66 0 135J66 0 05/08/89 2 22.31 J JOHNSON -NAOMI G GENERAL SUPPLIES 2 23- 4504 - 611 -61 — 135J66 0 05/08/89 5 5--93 — — JOHNSON- NAOMI----- � ��OFF- tCE- SUP-P-L -I-ES 2 23- 454- 6 =,6" --61 2 20 le 2 135J66 0 05/08/89 4 43.46 J JOHNSON -NAOMI C CRAFT SUPPLIES 2 23-4588- 611 -61 21 9 2 151.72 + 2 23 19 w wiwsiw 000-CKS 2 2e 2' 3 354-7 -4 0 05/^08/899 . .-23 i il- lST4JA I I MBER P P-A; -t T oft 11 R- 3 3-0- 4544 - 789-78 8 876 6 IP41 2 27 22 5 58.23 + 23 ' — 3 'I24 23 26 i 1 135K05 0 05/09/89 5 52.27 K K 6 K SALES G GLASS INSTALL 2 27- 1300 - 001 -00 3 32335 1004 T T 2e 3 isssii * *w* -CKS 9 3 31 1 135K14 0 05/09/89 2 219.43 K KAPAK CORP G GENERAL SUPPLIES 1 10- 4504 - 420 -42 4 42217 1474 4 42 32 2 219.43 + 4 43 34 i iiwiww i iii —CKS 4 46 38 1 13SK35 o oczoeopoeS9 5 51 83 O OX -ZWM- CREDIT S SUPPLIES 1 10-4504- 643 -64 4 447628 1 69 4 47 37 1 135K35 0 05/02/89 1 11.45 K KNOX COMM CREDIT H HARDWARE 1 10- 4504-646-64 4 447607 1305 5 50 39 1 135K35 0 05/02/89 1 16.03 K KNOX COMM CREDIT C CONCRETE MIX 1 10-4504 - 646-64 4 447657 1379 5 5,� 39 3 35K35 x x051-02 -489 3 33.80 K KNOX- COMK-CRED-I -T T TOOLS 1 1-44580- 646-6"A- 7 7-694-1448 0 02 e 40 135K35 05/02/89 436.09 KNOX COMM CREDIT LUMBEER 10- 4604 - 646 -64 436695 1420 e 4, 1 135K35 0 05/02/89 1 131.71 K KNOX COMM CREDIT L LUMBER 1 10-4604-646-64 4 447733 1301 5 55, 94 7 752.83 + 5 58 5e 5a' INAs-CKS is e F E C 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 16 l,��,nnn TTCU nCCn�TeTTA ►1 APPAII \IT \IA f \Il! Y 15 A Y MCCOAPC 2 2 3 3 4 a e 135L30 05/01/89 650.00 LAYNE MINNESOTA CO. IRRIGATION 27 -4248- 664 -66 16520 7683 1 e ,1SL30 OS/- 02/89 i s'6.00 LAYNE-KINNESO-T-A-CO. WELL - REP -AIRS 27- 454.0= 664- i6_-i652.1-- 8a -0.1 e ] 135L30 05/01/89 725.00 LAYNE MINNESOTA CO. IRR MOTOR REPAIR 27-4540 - 664 -66 16522 8299 e e 135L30 05/08/89 345.00 LAYNE MINNESOTA CO. SAND SEPARATOR 40-4504- 805-80 10848 1140 , 9 135L30 --05/08/89 3-56,1111 -"!4'.GD- L -AYNE MINNESOTA - -00. AND- SEP- ARA7OR 0 =504- 805 -$0 -1 -0844 - - -- 1368 -- -- - - - - -' 10 135L30 05/04/89 370.00 LAYNE MINNESOTA CO. HEADSHAFT 40- 4540 - 801 -80 16549 1536 12 5,962.00* ° -T m-^0 -* , * * * * ** * ** -CKS ; IS --- 135L34 05/ -0 2/-&9 - -�g.'S L� F- EROS -.—INC CON-T -EOUTD 23 =4248 - 642-61 ' - -- z z '71 I 15.15 * z e Ac,ieJl 2 t_� #-C KS 2 20 135L36 05/01/89 485.00 LEFFLER PRINTING PRINTING 30- 4600 - 781 -78 3632 2 1244 2 z, a$� 00 --- -- z 22 2 23 24 * * * ** * ** -CKS 3 25; 135L38 05/04/89 1,152.00 LEITNER COMPANY SOIL 27- 4562 - 664 -66 9851 26 I 11152.00 * 3 2] 1 2a za * * * * ** * ** -CKS 3 30 13S'46 og /09 /8.9 196 75 LIEN TNEECTI NEON rlFANING 27-4201-661-66 7 4 31 135L46 05/09/89 172.46 LIEN INFECTION CON RESSTROOM CLEANING 27- 4288 - 667 -66 161170 8926 4 32 33 3 69.21 • �4 34 35 * * * * ** * ** -CKS 36 5L56. n5/-ogi89 10 00 1 LNHOFF DEVELOP FILM 10-45 -0-4- 26.0 -6- 15099-0 4 4 3] 135L56 05/01/89 10.00 LINHOFF DEVELOP FILM 10- 4504 - 260 -26 149809 s 39 135L56 05/09/89 10.00 LINHOFF DEVELOP FILM 10- 4504 - 260 -26 150964 �e 99 - 135L-56 05401- /-&9 -- ' 0-x00 1- INHOFF DEVELOP FILM 10- 45A.4- 260 -26 - -a 4984.7 _. 40 135L56 05/08/89 14.00 LINHOFF SLIDES DEVELOPED 10- 4508 - 440 -44 150684 41 42 13SL56 05/04/89 42.00 96 00 LINHOFF SLIDES OF MAPS 60- 1300 - 283 -04 149972 e s 4J, 5 44 45 * * * * ** * ** -CKS e 46 135L97 05/09/89 100.00 MERFELD -BERT POLICE SERVICES 10- 4100 - 430 -42 ib 47 4e 100.00 * e e 40 * ** -CKS e 5o 1 -35M0? 05/-08/89 472$7-.35 MARK-V-I -I -SALES BEER -BILLS 50-4630- 822 -82— e 52 135M07 05/08/89 8,023.65 MARK VII SALES BEER 50-4630- 842 -84 ; s3 135M07 05/08/89 7,116.65 MARK VII SALES BEER BILLS 50- 4630- 862 -86 7 54 191,427 _ 65 * 117 56 5] * * * * ** ** *—CKS I1 i 1989 OF EDINA CHECK 1. .STER 05 -15 -89 AGE 17 1 2 n rti. w wmw� 1 2 3 351416 08/89 859.00 MCC EN-3E$I -GNS PRO CONTRACT -164 3 q 3 850.00 7 e _ e 7 9 135M19 05/08/89 20.20 MCGUIRE AUTO SUPPLY GENERAL SUPPLIES 10- 4504 - 325 -30 9 10 12 9 35M1si 05/08,99 2r445 .3a�;CCUiRE-4U�0– SURP1_Y °EP -AIR– PARTS 10-4540-560-56 'z 13 10 135M19 05/08/89 20.95 MCGUIRE AUTO SUPPLY TOOLS 10- 4580- 560 -56 11 12 135M19 05/04/89 55.30 ---�r� MCGUIRE AUTO SUPPLY EQUIP PARTS 27- 4540 - 664 -66 1088 1e t e l 13 14 3 # # # # ## # ## -CKS 17 to 20l 17 135M23 05/04/89 150.00 MARKETING FACTORS CONTRAT SERV 50- 4202- 820 -82 1.I 135M23 05/04/89 150.00 MARKETING FACTORS CONTRACT SERV 50-4202 - 840 -84 23 6 _ _ _ _ gal 19. 20 450.00 + 27 26 21 2z t— 27 2e 23 2a 7135M22-5 _3�c: 05/08/89 OR-408-ofas 13.50 36-PI MED OXYGEN & EQUIP MED OXYGEN & EQUIP DEMURRAGE /APRIL OXYGEN 10- 4274 - 440 -44 — — — 1324 31 3 25 26 49.71 27 i- 3' 20 37 29 13SM27 05/08/89 477.50 MERIT SUPPLY TRASH CAN LINERS 10 -4250- 645 -64 21614 1437 49 30 2-T 05/08/89 457.95 MERIT SUPPLY TRASH CANS 1- 0-- x+25 -0- 6.45 - 64-__21 611 1.53 4. 31 135MZ7 05/02/89 152.10 MERIT SUPPLY SUPPLIES 10- 4504 - 646 -64 21396 1012 41 42 32 135M27 05/08/89 4,660.00 MERIT SUPPLY FERTILIZER FOR PARKS 10-4558 - 643 -64 21532 9999 43 33 1-3SM27 22/89 T7- . To ER-Z T SUPPLY CLEANIN"UPP1I ES 23=45. 04-612= 61 - -21- 39-6 —L.0 -1 44 qe 4e 34 135M2T 05/09/89 491.00 MERIT SUPPLY GENERAL SUPPLIES 28- 4504 - 702 -70 21627 1622 36 3s 135M27 05/04/89 /89 995.00 44400 MERIT SUPPLY MERIT SUPPLY SECURITY GATE GENERAI SUPPI TES 30- 3440 - 000 -00 — — — 490478278 21483 PJS84 1099 1499 47 ae 37 3e 39 7,75S.25 • _ 50 92 72 40 41 42 135M30 05/09/89 2,277.00 P-P77 Go MET WASTE CON COMM RESERVE CAPACITY CHG 10- 3095 - 490 -49 73 e4 ee ss 43 64 4s 135M31 05/09/89 28.90 METRO FONE COMM. EQUIPMENT RENTAL 10- 4226 - 420 -42 301350 57 eo 46 67 46 135M42 05/04/89 490.70 MIDWEST ASPHALT BLACKTOP 40- 4524 - 803 -80 1061 1103 # ## -CKS 61 e2 e3 e4 49 135M42 05/04/89 334.33 MIDWEST ASPHALT COR. ASPHALT 40- 4524 - 803 -80 1094 1103 66 50 61 1,074.32* 334.33 O e7 e9 92 135M43 05/02/89 27.36 MIDWEST BADGE GENERAL SUPPLIES 23- 4504 - 611 -61 93892 9837 70 s3 27.36 • 71 74 72 55 s6 # # # # #• ### –CKS 74 s7 sMAc �101 ie° 191 4A 2lFTZ— HAILLNf• rn oDCeR �7_ae9e_aa =_tt _ 73 79, 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 18 ACCOUNT- N0. -LNV # -P-_O- .-#_MESSAGE 52 153.63 * 6, 7( 53 7' 54 17: ss 7: 5' 135M93 05/02/89 69.30 MOTOROLA RADIO SERVICE 10- 4248 - 440 -44 985232 1329 7� S] ]I c. 135M46 0 05/04/89 1 177.90 M METZ BAKING CO B BREAD 2 27- 4624- 663 -66 3 3 3 - -- -- - - -- -- - 3 3fi9 -38-# - - - -- - - - -- - -- ` 4 5 5 5 * * ** -CKS 7 ' 135M54 0 05/04/89 8 87.00 M MILLER -DAVIS CO. C COUNCIL MTG BOOKS 1 10-4504- 100-10 0 065313 1 1575 I Ic ° 8 87.00 * + + 9 0 3 3 12'. 13SM63 O OS40?/89 8 89866 M MN BAR M MIX S S0- 4b3.0- 842 -84 13 135M63 0 05/08/89 7 72.09 M MN. BAR M MIX 5 50-4632- 822 -82 4 135M63 0 05/09/89 3 320.02 M MN. BAR M MIX 5 50- 4632- 862 -86 /2( 16 2 2 7 2 2: 13SM66 0 05/02/89 3 3,040.00 M MN. BUS. SYS. INC. N NEW PHONE SYST 2 27- 1340 - 000 -00 1 18622 9 9427 X X21 135M66 0 05/09/89 6 68.00 M MN. BUS. SYS. INC. L LINE 2 27- 4248 - 666 -66 2 21497 1 1705 2 2. 2��- 35Mfi6 � �5<9�7/£�9 2 2-9-3 4 - MN-- 4Y- 4YS-.-INC_ M MOVE- PHONE- p p7- 4256= 66E-66 -22 - -1-48 1 1- 7 -0.3- _ __ 21 22 a -0 M all 3,401.40 23 3 25 , 3 3. 201 135M69 0 05/02/89 1 133.89 M MCC /MIDWEST C CRAFT SUPPLIES 2 23 -4588- 611 -61 1 18339 1 1265 3 3 271 ' ' :3-89 28 3 3 29 ** # # ## w w #w -CKS 31 3i 13SM73 0 05/09/89 8 88.00 M MN. ELEVATOR S SERVICE CONTRACT 3 30- 4288 - 782 -78 0 040434 1 1694 1 14 33 8 88.00 * i i4: _ 4, 34 w* #*tw * ***-CKS 4. 36 - 35ME -0 0 05/04489 6 64-44 M MN_SUBURBAN NEWS L LEGAL PUBLICATION j jA-APj -140-14 4 4 37 135M80 0 05/01/89 1 140.40 M MN SUBURBAN NEWS L LEGAL PUBLICATION 1 10 -4210- 140 -14 4 41 38 135M80 0 05/02/89 2 22.24 M MN SUBURBAN NEWS A ADVERTISING 2 23 -4214- 611 -61 6 66220 5 5 39 - 2 2$- -, - -0 8_ - -�- 5: 41� 135M81 0 05/02/89 2 263.07 M MN. TORO INC. I IRRIGATION REOAIR 1 10-4504 - 641 -64 7 749201 1 1393 5 5: 42 5 5.1 0 0.5/09489 R R- S�0_ -00 M MN.�ORO__LN.C_ N NEW- M-OUERS 2 27- 134 -0 =t D-ee 7 7s434.9�_55_ p p1 43 135M81 0 05/01/89 4 470.30 M MN. TORO INC. I IRRIGATION PARTS 2 27- 4540- 664 -66 7 748177 1 1354 h h� 45 7 7,323.37 * 1 15. 46 ** #* ## - - - -*** -CKS 6 � 40 5M85 0 05 /08/89 5 52 00 M MN WANNER R REP-AIR POI E 1 10 2_48= 52.0.52_031980 � 6. 49 135MSS 0 05/04/89 6 61.87 M MN. WANNER H HOSE 1 10-4504 - 646 -64 7 71720 s s so 135M85 0 05/04/89 3 34.76 - M MN. WANNER N NOZZLE PARTS 1 10- 4504 - 646 -64 7 71815 51I� -35M85 0 051- 04/89 4 4-.-00 M MN WANNER N NOSE- 1 1 0 45"=- 6D -56- 7 73.8-44 c. %J mb X , U ' , , V ' 1 J2 2 & 2 V 2 � 3 ©w 4, V 4 41 Z 71 S S: V 1989 OF EDINA CHECK STER 05 -15-8: AGE 19 �l t D D O tis s 0 RV 69.30 + + +• *�� SNI6 05/09/89 84.90 N.S p co HPANY POWER 3 0 - - - +++ -CKS 484.90 + z 135N22 05/02/89 233.63 NATL GUARDIAN SYS. ALARM SERVICE 50- 4304 - 841 -84 111385 +++ -CKS ' 135N48 05/04/89 7.740.00 NO STAR TURF NEW MOWER 27- 1340 - 000 -00 182202 1250 135N48 05/01/89 413.73 NO STAR TURF GOLF COURSE CHEM 27- 4564- 664 -66 11956 1054 ++s + +s +++ -CKS 135N68 05/08/89 102.50 NORTHSTAR ICE MIX 50 -4632- 822 -82 135N68 05/08/89 221.50 ir-s-mo NORTHSTAR ICE NORTHSTAR ICE MIX MIX 50- 4632- 842 -84 - - - 479.50 + 13SN82 05/02/89 164.19 NW GRAPHIC SUPPLY COST OF COMM 23- 4624 - 613 -61 159144 9838 + +s + ++ + ++ -CKS 135017 05/02/89 397.85 OFFICE PRODUCTS SERVICE CONTRACT 10-4288- 510 -51 079310 1571 135017 05/02/89 74.87- OFFICE PRODUCTS CREDIT 10- 4288-510 -51 006677 390.98 + 135030 05/09/89 147.24 OLD DUTCH FOODS FOOD 27- 4624 - 663 -66 ssss +s +++ -CKS , 135037 05/09/89 120.00 BILL OLSON DIRT 10- 4504 - 318 -30 1040 ; 135037 05/09/89 120.00 BILL OLSON DIRT 40- 4504- 803 -80 1040 ! +•e+ss ++ +-CKS ! ! 135044 05/04/89 290.15 OLYMPIC POOLS REPAIR PARTS 30- 4540 - 782 -78 1844 1564 290.15 + • * +� ++ +++ -CKS ; 115-040 05/08/89 6-7-m ORR E - - - ' �l t D D O tis s 0 Vii' 1 f f z. 3! 71 �" 31 3! M `.4 4: t 4 4! 4� .. 4. 41 41 `. 9: 3 3: V 3: 5� 5: 1989 CITY OF EDINA CHECK REGISTER OS -15 -89 PAGE 20 135P31 05/02/89 641.00— PETER COTTON TRAINING 10- 4212 - 510 -51 1559 135P31 05/02/89 641.00 PETER COTTON TRAINING 10- 4212 - 510 -51 1559 13SP31 ORZOP489 641 00 PETER COTTON TRAINING 10-4212- 510 -51 �SGQ 641.00 r �► * *rr* TSe at5ove also)- 135P11 PARK NICOLLET MED CTR 135P42 05/02/89 93.00 - PHYS•^• " "S "EA T" PHYSICAL 10- 421E - 510 -51 42 05/02/89 58 00 ANS-HEA1TH— PHYSICAL 10-4246-42D--42 13SP42 05/02/89 45.00 - PHV61G;ANS HSA TU PHYSICAL 10- 4246- 440 -44 196.00 r IISP48 05/00/89 S-% 0c: PIP PRINTING PRINT MYERS rrrrrr rrr —CKS 10-4600-M-78 4648 15fi 83.05 � s4r- -CKS —a 135P56 05/08/89 150.00 PLASTIC BAGMART PLASTIC BAGS 10- 4504 - 507 -50 4490 1407 Igo 00 rrrrrr rr* -CKS 13SPSO 05/08/89 27.20 PLUNKETTS GENERAL SUPPLIES 28- 4504 - 702 -70 617933 — 27.20 r r* )-rrr rrr -CKS 1 -3S"4 05/- -09/89 94-95- POMMER --CO, I-NC, TROPRIES 28 5,04-702-7-"180A3-t628--- 94.95 135P66 OS/09/89 100.00 PONY EXP RELOADERS RELOAD AMMO 10- 4504 - 430 -42 100 r09 r - - - -- rrrrrr rrr -CKS 13SP78 05/09/89 91.00 PRINTERS SERV INC BLADE SHARPEN 28 -4274- 704 -70 37515 91.00 r c WVI � �I�YY11 - - i�i1i- YWiHFir y{II� 1 145VV 1�- L- IIV- .- �1-r�A� - V�- 4-- I IIGVVf1VG 6.7S r • + *rr• r rrr -CKS (See below also) 13SP 0 05J09/89 2 29.00 P PARK NC *r MED -CTR H HEPA'I TLTUS SHOT 1 10- 4246 -44 -4 29.00 r • * * ** — — - - - -rrr- CKS - -- 135P30 0 05/09/89 2 236.45 P PEPSI COLA BOTTLING M MIX 5 50- 4632-822 -82 1 -35P30 0 0q409189 2 24gTs0 P PEPST rnLA- BO- T -ILING M MIX 5 50- 4.632 - 842--84 135P30 0 05/09/89 1 181.90 P PEPSI COLA BOTTLING M MIX 5 50 -4632- 862 -86 677.85 r c 1989 OF EDINA v rru NA DATE A M U 0 NT . ti. Y �• L � CHECK STER 05-15 -8,, AGE 21 u 3 •�•�• +� 4 4 6 e 135P86 05/09/89 271.00 PROG CONSULTING ENG CORROSIVITY STUDY 40-4248- 801 -80 1663 7' i 6 0 �J 6 •••••• 9 ••• –CKS ,2 '0, 1 135P96 05/02/89 48.00 PUMPS d METER SERV GAS PUMP REPAIRS 27-4248- 664 -66 31550 1357 13 1 ,. ,z 48.00 + ,e 13 Id 1e •••• +s •++ –CKS 1.11 15 for _—I 3502-0 — 05f-08 {89 -66.36 OUTZK–SERV– BATTERY F- IL –TER8 10- 4540-560-56- 30475 -4201– io 135020 05/04/69 89.74 QUICK SERV BATTERY REPAIR PARTS 10- 4540 - 560 -56 30132 1037 21 17 is 156.10 + zz 23 24 19 •••••• ••• –CKS ze zo 2, 27 2 35R13 05/08,x-89 2b4.00 RADIG INSTAL EN10-4026-440-41 ze 23 264.00 + 24 25 3 26 27 135RIS 05/09/89 1.00 RAINBOW LEASING TRAILER LEASE CONTR 10 -4226- 507 -50 M61111 35 26 38 37 36 ••' *•# ••• —CKS 39 30 40f 31 135R21 05/08/89 440.30 RED WING SHOES UNIFORM$ 10- 4262-301 -30 4171 33 135R21 05/08/89 114.70 RED WING SHOES UNIFORMS 10-4262 - 646-64 e9 34 5121 050108/89 c51-45 RED WING- -S"PrS UNIFORMS 40-4262-801—a 44 35 806.45 + 45 46 3B 5!222 05!-02!89 115.90 RPM SUPPLIES CLEANING St 10 -45aP- 440 -4a J-SS9 1 3 27 46 135R22 05/02/89 234.00 REM SUPPLIES GENERAL SUPPLIES 30- 4504- 782 -78 41389 1560 a9 3B ,O 79 349.90 • „• 40 — 52I • ++ +++ 41 +++ –CKS ea 55 42 AIR 10 -42-.4 – eB 43 135R25 05/02/89 23.25 RENTAL EQUIP d SALES SAW REPAIR 10 -4246- 644 -64 13135 1285 67 45 111.40 • 09. 60 46 + + + + ++ a7 + ++ –CKS e: 49 63 ' 64 49 55.00 + 65 50 66 51 67 ' — ., _ 66 69 S3 135633 05/09/89 2,729.75 REX DISTR. BEER 50- 4630 - 822 -82 7,• 54 55 BEER , 50- 4611 –a42 -8 7 56 135R33 05/09/89 3,760.50 REX DISTR. BEER 50- 4630- 862 -66 779 11,302.60 + 75 37 7 U � , 2 2 2 U � L I , , C,1Z 4 4: 4: 4. 4! 4 41 41 S 5, 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 22 05/09/89 69.30 ROBERT B. HILL SALT 27 -4564- 664 -66 31851 y� *—CKS 1092 wwwwww www —CKS 135R77 135R77 135R77 05/09/89 05/09/89 Q5Xo9XSv 93.80 229.22 Pol op ROYAL CROWN BEV. ROYAL CROWN BEV. ROYAL WN BEV MIX MIX MIX 50 -4632- 822 -82 50 -4632- 842 -84 90-4612-862-86 5E4.04 w 135527 05/04/89 20.38 SHERWIN WILLIAMS PAINT 27- 4544 - 662 -66 37917 1627 wwwwww ww• —CKS 135534 13SS34 05/04/89 05/04/89 4.99 5.24 SOUTHDALE FORD SOUTHDALE FORD RELAY SLEEVES 10- 4540 - 560 -56 10-4540 - 560 -56 206233 206044 wwwwww www —CKS 135536 135S36 05/09/89 05/09/89 3,981.50 8,148.90 SOUTHSIDE DISTR. CO. SOUTHSIDE DISTR. CO. BEER BEER 50- 4630- 822 -62 50- 4630- 842 -84 wiwwww • +• —cics 135545 135545 05/04/89 05/02/89 13.85 74.47 ST. PAUL BOOK ST. PAUL BOOK GENERAL SUPPLIES OFFICE SUPPLIES 10- 4504 - 600 -60 23-4516- 611 -61 869164 868895 1570 6329 •�ww� 107.32 w �. —CKS 135S53 05/02/89 52.88 STANS DOOR SERVICE DOOR REPAIRS 50- 4274 - 841 -84 9685 wwwwww ww• —CKS 135561 135S61 05/09/89 05/09/89 2,040.72 89.00 STATE TREASURER STATE TREASURER BLDG PERMIT BLDG PERMITS 10- 3095 - 490 -49 10- 3113 - 490 -49 wwwwww I www —CKS 135572 13SS72 3-kczs7p 05/09/89 05/09/89 05409489 18.50 82.70 '198 so STREICHERS STREICHERS ETCHERS. UNIFORM ALLOWENCE UNIFORM ALLOWANCE HOLSTERS 10- 4266- 420 -42 10- 4266- 420 -42 16-4266-420-42 M60116 M60117 135572 05/09/89 40.95 540.65 w STREICHERS UNIFORM ALLOWENCE 10- 4266 - 420 -42 M60115 $g C r 1 64K —NO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT 0 —"PSSA + 2 2 3 3 -- tttttt - -- -- - - - -- ---- ttt,.CK8 -4 4 e e 135S77 05/04/89 361.74 SUBURBAN CHEVROLET REPAIR WORK 10 -4248- 560 -56 81573 7�35S77 05,Z 9 13.13 Q.-" "DURBAN - CHEVROLET PARTS 10. 4540= 560 =56-1 -0644 ° 13SS77 05/04/89 5.82 SUBURBAN CHEVROLET PARTS 10-4540- S60 -56 106317 ° 0 135S77 05/04/89 1.48 SUBURBAN CHEVROLET GUIDE 10- 4540-560-56 106543 35577 05/-04/89 11 -6-52 SUBURBAN- CHE- VROLET DnRTS 10 =4540=56 56-8 -1-384 12 10 135S77 05/04/89 7.46 SUBURBAN CHEVROLET TANK 10- 4540 - 560-56 106668 13 z 506.15 • f4 tel +e 13 135378 05/02/89 48.68 SUBURBAN PLUMB SUP DRAIN 10 -4504- 643 -64 1302 17 14 135S78 05/02/89 18.70 SUBURBAN PLUMB SUP PARTS 10 -4504- 646 -64 1446 +o1 15 1358-73 05 /-02 -AG9 36.220 SUBURBAN -PLUMB -SUP PAR -TS - -- 1-0- -4504 - 646-64 1 -436 20- 16 135S78 05/08/89 183.83 SUBURBAN PLUMB SUP REPAIR PARTS 40- 4540- 801 -80 9229 21 17 13SS78 05/08/89 169.17 SUBURBAN PLUMB SUP REPAIR PARTS 40- 4540- 801 -80 9387 23 1s 19 496 58 24 25 201 tttttt tti -CKS 4� z1 1 ze 22 135592 05/09/89 39.80 SYSTEM SUPPLY COMPUTERE SUPPLIES 10 -4504- 510 -S1 050154 1632 23 24 39.80 to 31 23 3 zs tttttt tat -CKS 27 35 28 35596 051,,090,89 80-00 S C HUE-NE--MAN- AMY SERVICES 27-4001 —6-62-66 36 80.00 • 3 Z9 3 30 3°� — 40 31 41 32 135T H 05/02/89 1,680.00 TESSMAN SEED d CHEM. GRASS SEED 10- 4568- 643 -64 17708 1292 44 33 34 13ST11 _ +39 TCQQM A,u gEED Qr CMl:M TOOLS 30 4560 783 78 160Be iz,% 04 35 1 , 817.82 t 4a 38 a 48 37 a° 39 13ST13 05/09/89 121.68 TOM HORWATH MILEAGE 10 -4201- 644 -64 5. 5 40 3 e.. 41 tttttt �l ttt -CKS 55 42 ee 43 135T20 05/02/89 371.35 THE PRINT SHOP NEWSLETTER 10-4600 - 628 -62 9987 1348 07 44 59 371.3S t as °9 60 48 tttttt 47 ttt —CKS el e2 48 °3 64 So 9,016.55 t 65 ee 51 07 — e° Sz CKS e° 53 13ST40 05/04/89 6.30 TOLL COMPANY OXYGEN 27 -4580- 664 -66 038321 1508 7 34 1 72 55 l3 56 74 tttttt so*-CKS 75 57 7 1989 O OF EDINA C CHECK . .STEP 0 05 -15 -8: A AGE 23 C,, f �w f 1 1 91 1% 31 3! 41 4 4 4• 4' a� 41 4' 51 5 g: 4L s: s. s� 51 1989 CITY OF EDINA CHECK REGISTER 05 -15 -89 PAGE 24 -1- 35753 OS/ -01/89 9-, -2 -1 -8-09 TRACY --0iL GASOL-I-NE 1 -0�46 -1 -2- 560-56- 1945A -1 -392— -J 9,210.09 * 135T86 05/04/89 81.84 81.84 TWIN CITY FILTER * FILTERS 10- 4504 - 540-54 T3067 1396 - - - -- - * * * * ** * ** -CKS 13ST88 05/09/89 62.76 TWIN CITY HOME JUICE MIX 50 -4632- 862 -86 62.76 *w *w *w **w —CKS 1.1OA 05Jn9 /89 1.603 60 UNrFnRMIIIINLSHLTED UNIFORM AI I OWANCE t0- 4266 -420 -4 135U08 05/09/89 305.75 UNIFORM UNLIMITED UNIFORM ALLOWANCE 10- 4266- 430 -42 135U08 05/08/89 33.25 UNIFORM UNLIMITED UNIFORMS 10- 4266- 440 -44 13406 135U -o 8 05J09lZ89- 36. 00 UNIFORM I NLIMI-TED GENERAL- SUP -PI TIES 10-4544 =420 =4 1,978.60 * 135U14 05/08/89 L 4,115.20 4,116 20 UNITED ELECTRIC CORP • MOTOR AND RELAY 40- 4540- 801 -80 39921 9640 * * * * ** * ** -CKS 135U20 05/09/89 28.00 UNIVERSITY OF MN SOIL SAMPLE TESTING 30-4660-782 -78 28.00 i *w * * ** * ** —CKS 135-1130 oqoeopoeS9 19 go [IS WEST PACING SERVICE CONTRACT 10-4P88-781-7a 19.50 * ♦sa ** —CKS —, 135V10 05/08/89 344.71 144 71 VALLEY INDUSTRIAL • LP FUEL /ZAMBONI 28-4612 - 704 -70 * * * * ** ** *-CKS 135V15 05/09/89 11009.65 VAN PAPER CO. PAPER BAGS 50- 4514 - 842 -84 254637 1 135V15 05/09/89 1,009.65- VAN PAPER CO. PAPER BAGS 50- 4514 - 842 -84 254637 1351 -- - 135-V -15 0S,40Sz89 1 , 0 -09_ -.65 VAN PAPER -CO PAPER -BAGS 5_0- 451.4= 842 = 84_2546.37135 135V15 05/09789 920.30 VAN PAPER CO. PAPER BAGS 50- 4514 - 862 -86 254639 1351 Il 1,929.95 w ** *—CKS 43 05104489 988 71 VERSATILE VEHLt'LE GOLF CAR P RTS P7- 4540 - 665 -66 988.71 * 1989 OF EDINA CHECK $TER 05- 15 -8'. iGE 25 -CHECK NO- DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 0 a 0 0 MESS 2 2 3 435W08 05/- 0.9-/89 'i .25 W.W—. GR-ATNGER GENERAL --8 PPLIE.S 30w4504-782-78 ',56 4 -� 4 135W08 05/04/89 111.60 W.U. GRAINGER MOTOR 40- 4540 - 802 -80 1296 e ' 182.85 * 7 e 7 *ttt ** * ** -CKS o e 11I 9 1351175 05.F09/5° 1 00. ^��WALTEFt di?HAIS9M P9� - 12 1 1 100.00 * 1] ,4 12 rrr -roc 16I ;1 13 14 15 135W66 05/04/89 75.61 WILLIAMS STEEL PAINT 10- 4504 - 560 -56 178607 1s +9 20 16 21 17 16 t *t * ** * ** -CKS 43 24 19 135W71 05/01/89 568.25 WINFIELD DEVEL. RENT 10- 4201 - 627 -62 010600 2a zo 568.25 * n 2, 26 22 t * *t *t * ** -CKS 23 24 13SW90 05409489 loo 00 — — — — ] 23 26 27 100.00 _ Iry 0 33 3 28 3 29 30 13SZ05 139705 05/02/89 ocz/01 of89 81.70 71 sr ZEE MEDICAL SERVICE ZFE HEDICAI SERVICE GENERAL SUPPLIES SAFETY EQUIP 23- 4504- 611 -61 1268 - - - ] 39 4 31 32 153.65 * ., 4 33 66*—CKS 4 ] 44 34 66,081.07 FUND 10 TOTAL GENERAL FUND 6 4 33 36 3,772.08 FUND 23 TOTAL ART CENTER 47 46 37 36,758.89 FUND 27 TOTAL GOLF COURSE FUND s o 3B 39 5,585.35 FUND 28 TOTAL D--PS--T-0-TA'- RECREATION CENTER FUND GUN RANG E FUND s1 52 40 41 10,417.99 - 1-0,44'2`•06- FUND 30 TOTAL EDINBOROUGH PARK s4 42 17,780.62 -447464-.42--- 918 54 FUND 40 TOTAL FUND 43 TOTAI UTILITY FUND STORM SEWER UTTITTY ss se 1581 a3 88,251.22 FUND 50 TOTAL LIQUOR DISPENSARY FUND 4 45 374,407.58 FUND 60 TOTAL CONSTRUCTION FUND e9 60 46 47 612,476.71- 612.459.78 TOTAL e2 46 63 ea 49 SO 51 65 as 67 66 52 33 54 69 70 71 72 SS 56 37 73 74 77 7