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1997-07-21_COUNCIL PACKET
AGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL JULY 21, 1997 7:00 P.M. - ADOPTION OF ONSENT- AGENDA Adoption of the Consent Agenda is made by the'Commissioners as to HRA items and by the Council Members as to Council items. All agenda items marked with an asterisk ( *) in bold print are Consent Agenda items and. are considered routine and will be enacted bye one motion. There will be no separate discussion of such items uless"a Commissioner, Council Member or citizen so requests it. In such cases the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. * I. APPROVAL OF MINUTES of HRA Meeting of July 7, 1997 � -\- RoUcaU A. Two S Properties Rollcall B. Kunz Oil RollcaUIII. PAYMENT OF HRA CLAIMS As Per Pre -List Dated 7/16/97 TOTAL: $12,001.25 11►__ 1► Lej 1 * I. APPROVAL OF MINUTES - Regular Meeting of July 7, 1997 and Special Meeting of July 7, 1997 II. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. - Affidavits of Notice by Clerk. Presentation by Planner. Public comment heard. Motion to close hearing. Zoning Ordinances: First and Second Reading require 4/5 favorable rollcall vote of all members of Council to pass. Waiver of Second Reading: 4/5 favorable rollcall of all members of Council to pass. Final Development Plan Approval of Proper Zoned Planned District: 3/5 favorable rollcall_ vote. required to pass. Conditional Use Pemai : 3/5 favorable rollcall vote required to pass. * A. Final Development Plan 3917 -3929 West 50`h Street, Edina Properties, continued to 8/4/97 III. ORDINANCES First Reading: Requires offering of Ordinance only. Second Read g: Favorable rollcall -3f all Coil 6i Tr►.>..,iie to pass. - RollcaU A. First Reading, Ordinance No. 1997 -9 Repealing Section 420 Excavation And Enacting Section 421 Rights -Of -Way Management B. First Reading, Ordinance No. 1997 -10 Amending Section 185 Providing New And Revised Fees For Rights -Of -Way Management - continue to 8/4/97 Agenda/Edina City Council July 21, 1997 Page 2 NMI ,r x •_ :_r * A. Park Fencing Courtney Field, Pamela Park - continued from 7/7/97 * B. Sanitary Sewer & Water Service 6 Park Buildings, Storm Sewer Normandale Church, Water Main Coventry Buildings 6 & 7 and Braemar Boulevard, Contract No. 97 -3 * C. Park Grading, Courtney Field, Contract No. 97 -10PK * D. Ballfield Player Structures, Braemar Park Contract No. 97 -11PK - continued to 8/4/97 * E. Two Dump Trucks, Public Works .•. A. Traffic Safety Report of July 7, 1997 * B. Resolution moving Precinct 14's polling place from Edina Community Lutheran Church to St. Peters Lutheran Church * C. Agreement with the City Store regarding sale of unclaimed City property D. Reappointments to Community Education Services Board VI. COMMUNICATIONS AND PETITIONS VII. CONCERNS OF RESIDENTS A. Dorothy McIntyre MENFORKTAKSTL Rota ►- • u •: FIXEGUIRN A. Bids, Art Center Media Lab Rollcall A. Payment Of Claims As Per Pre -List Dated 7/16/97 TOTAL: $1,844,964.00 and For Confirmation Of Payment Of Claims As Per Pre -List Dated 7/9/97 TOTAL: $253,895.70 SCHEDULE OF UPCOMING MEETINGS Mon Aug 4 Regular Council Meeting Wed Aug 13 Budget Hearing Mon Aug 18 Regular Council Meeting Wed Aug 20 Budget Hearing Mon Sep 1 LABOR DAY OBSERVED - City Hall Closed Tues Sep 2 Regular Council Meeting Mon Sep 15 Regular Council Meeting Mon Oct 5 Regular Council Meeting Mon Oct 20 Regular Council Meeting 7:00 P.M. COUNCIL CHAMBERS 5:00 P.M. COUNCIL CHAMBERS 7:00 P.M. COUNCIL CHAMBERS 5:00 P.M. COUNCIL CHAMBERS 7:00 P.M. COUNCIL CHAMBERS 7:00 P.M. COUNCIL CHAMBERS 7:00 P.M. COUNCIL CHAMBERS 7:00 P.M. COUNCIL CHAMBERS MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY HELD AT CITY HALL JULY 7, 1997 - 7:00 P.M. ROLLCALL Answering rollcall were Commissioners Faust, Hovland, Kelly, Maetzold and Chairman Smith. CONSENT AGENDA ITEMS APPROVED Motion made by Commissioner Maetzold and seconded by Commissioner Hovland to approve and adopt the HRA Consent Agenda items as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *MINUTES OF THE HRA MEETING OF JUNE 16. 1997. APPROVED Motion made by Commissioner Maetzold and seconded by Commissioner Hovland approving the Minutes of the Regular HRA Meeting of June 16, 1997. Minutes carried on rollcall vote - five ayes. CLAIMS PAID Commissioner Faust made a motion to approve payment of the HRA Claims as shown in detail on the Check Register dated July 1, 1997, and consisting of one page totaling $48,971.26. Commissioner Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. There being no further business on the HRA Agenda, Chairman Smith declared the meeting adjourned. Executive Director { REPORT/RECOMMENDATION To: HRA Agenda Item # HRA II.A. & II B. From: GORDON HUGHES Consent ❑ ASSISTANT MANAGER Information Only ❑ Date: JULY 21, 1997 Mgr. Recommends ❑ To HRA ® To Council Subject: Action x❑ Motion PURCHASE AGREEMENTS: ❑ Resolution TWO S PROPERTIES and 0 Ordinance KUNZ OIL COMPANY ❑ Discussion Recommendation: Approve execution of Purchase Agreements. Info /Background: Staff has concluded negotiations with Two S Properties (formerly Four S Properties) and Kunz Oil Company, with respect to the purchase of their properties on Eden Avenue. The basic terms of our agreements are as follows: KUNZ OIL COMPANY PURCHASE PRICE ............................ ............................... $995,000 OCCUPANCY: Kunz Oil may occupy property for up to six months following closing. During this period of occupancy, rent will be payable to the HRA at the rate of $6,218.75 per month on a net — net — net basis. Following the initial six month rental, Kunz Oil may continue to rent the property on a month -to -month basis. CLOSING DATE: The proposed closing date is September 15, 1997, or earlier at the HRH's option. r REPORT /RECOMMENDATION - PURCHASE AGREEMENTS July 21, 1997 Page two TWO S PROPERTIES PURCHASE PRICE: ................................................. $1,800,000.00 CLOSING DATE: September 15, 1997, or earlier, at the HRA's option. The proposed Purchase Agreement also provides that the purchase price will increase by $500.00 per day after August 15, 1997. Attached are proposed Purchase Agreements with Kunz Oil Company and Two S Properties. The terms of the Kunz Oil Purchase Agreement have been agreed to by the seller. The Purchase Agreement with Two S has not as yet been reviewed by Attorney's for the seller due to the recent conclusion of the negotiations. Both purchase agreements contain standard language concerning the HRA right to examine the environmental a condition of both properties. Several studies have been conducted on these properties. We will review these studies and conduct new tests if needed prior to closing. FINANCING Mr. Gilligan, Mr. Wallin and I have reviewed alternatives for financing the proposed acquisition. The alternatives are as follows: 1. The issuance of General Obligation Tax Increment Bonds. 2. The issuance of General Obligation Temporary Tax Increment Bonds. 3. The issuance of an Internal Bond whereby the HRA would borrow from the reserve balance of the Grandview Tax Increment District and other tax increment districts to finance the purchase. Based upon the present reserve balances of our tax increment districts, we recommend alternative #3, i.e. internal financing for the purpose of acquiring these properties. This alternative would reduce significantly our costs of borrowing and recognizes that our intentions are to re -sell these properties for development within a relatively short time frame. If necessary, the HRA could refund this internal financing with temporary bonds at a later date, if the resale of the property required more time or if the cash flow requirements of the tax increment districts required additional capital. Internal financing also would permit the HRA to close on these transactions in a more timely fashion. 0 I REPORT /RECOMMENDATION - PURCHASE AGREEMENTS July 21, 1997 Page three We believe that the proposed acquisitions fit within the budgeted amounts, as approved by the HRA, when the Grandview Tax Increment District budget was amended earlier this year. We recommend acceptance of the proposed Purchase Agreements. PURCHASE AGREEMENT THIS AGREEMENT is made as of July , 1997 by and between Two S Properties, Inc., a Minnesota corporation ( "Seller ") and the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate. under the laws of Minnesota ( "Buyer "). RECITALS A. On February 18, 1997 the Buyer adopted a resolution authorizing the acquiring of the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain if Seller is unable to. purchase the Real Property. B. Seller and Buyer are entering into this Agreement in lieu of Buyer acquiring the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain. In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Propel Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively, 'Property "): 1.1 Real Propel The real property located in Hennepin County, Minnesota described on the attached Exhibit A ( "Land ") together with (1) all buildings and improvements constructed or located on the Land ( "Buildings ") and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property "). 1.2 Seller's interest in that certain Amended and Restated Land Exchange and Purchase Agreement dated November 21, 1996 between The Kunz Oil Company and Gordon C. Lewis and Laverne S. Lewis, husband and wife (collectively "Lewis "), relating to the Real Property, a photocopy of which is attached hereto as Exhibit C, and any and all other agreements with The Kunz Oil Company or any other person, party or entity concerning the property described on the attached Exhibit B (collectively the "Kunz Contracts "). 2. Purchase Price and Manner of Payment. The total purchase price ('Purchase Price ") to be paid by Buyer to Seller for the Property shall be One Million Eight Hundred Thousand Dollars ($1,800,000), plus the,product of (a) $500 multiplied by (b) the number of calendar days from and including August 16, 1997 to (and excluding) the Closing Date, excluding, however, the number of calendar days the Closing Date is postponed pursuant to Section 6.2 of this Agreement. The Purchase Price shall be payable as follows: 2.1 $5,000 as earnest money ( "Earnest Money "). 2.2 The balance of the Purchase Price in cash or by wire transfer of U.S. Federal Funds. The Purchase Price includes not only the value of the Property but also all benefits, costs and expenses which Buyer would be entitled to receive or to be reimbursed for if the Real Property had been acquired by the exercising of Buyer's power of eminent domain, including without limitation, all relocation benefits, costs and expenses and all attorneys' and appraisal fees, costs and expenses. 3. Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title.. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 6 below and Buyer shall have received the title policy ( "Title Policy ") issued by Title pursuant to the Commitment, or a suitably marked Commitment initialed by Title obligating Title to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 3.2 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, as and when required by this Agreement. 3.2.1 Seller shall allow Buyer, and. ,Buyer's independent contractors and agents, access to,the Real Property without charge and at all reasonable ti mes for the purpose investigating. and testing the Real Property. Seller shall make available to Buyer and Buyer's independent contractors and agents without charge all records, reports, studies, tests, agreements, contracts, permits, correspondence. and other materials or information in Seller's possession relating to the Property and Hazardous Substances affecting the Real Property or human.health or safety. Buyer shall, have the right to interview individuals who may have knowledge of such matters. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities, except such ,costs or liabilities arising out of, related to or as a consequence of the information obtained by, or the results of, such investigation or testing. Buyer shall further repair and restore any damage to the Real WN Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. For purposes of this Agreement, the term "Hazardous Substances" shall mean any toxic or hazardous substances or wastes, pollutants or contaminants, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, and any hazardous substance as defined in any Environmental Law. For purposes of this Agreement, the term "Environmental Law" shall mean any and all federal, state and local laws, statutes, codes, ordinances, regulations, rules, policies, consent decrees, judicial orders, administrative orders or other requirements relating to the environment or to human health or safety associated with the environment, all as amended or modified from time to time. 3.2.2 Seller agrees to promptly deliver to Buyer copies of all environmental reports and studies relating to the Property which are in the possession of Seller or which may at any time come into the possession of Seller that have not been previously delivered to Buyer. 3.2.3 Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of the Kunz Contracts and all other agreements, encumbrances, leases or contracts regarding the Real Property for Buyer's review and analysis. 3.3 Document Review. Buyer shall have determined, in it's sole judgment, (a) that it is satisfied with it's review and analysis of all records, reports, studies, tests, agreements, contracts, permits, correspondence and other materials or information relating to the Property and Hazardous Substances affecting the Real Property or human health or safety, the Kunz Contracts, and all other agreements, encumbrances, leases or contacts regarding the Real Property and (b) that no further investigation, cleanup or other response is required at, on, under or about the Real Property as a result of the presence of any hazardous, toxic or dangerous substances, wastes or other materials or the presence of any other conditions which could adversely affect the environment or human health or safety. -3- 3.4 Testing. Buyer shall have determined that it is satisfied with the results of and matters disclosed, by environmental site assessments, soil tests, engineering inspections, Hazardous Substances and environmental reviews of the Property, all such tests, assessments, inspections and reviews to be obtained at Buyer's sole cost and expense. 3.5 Fina_ n At or prior to the Closing, the Buyer has issued obligations pursuant to the Minnesota Statutes, Section 469.17 subdivision 2 for the purpose, among other things,,of paying the Purchase Price. 3.6 Environmental. If there is present at the Real Property certain Hazardous Substances, petroleum contamination, agricultural chemicals and /or other environmental conditions such that the Real Property would be eligible for the Minnesota Pollution Control Agency (MPCA) Voluntary Petroleum Investigation and Cleanup (VPIC) Program established under Minn. Stat. ch. 115C, the MPCA Voluntary Investigation and Cleanup (VIC) Program established under Minn. Stat. ch. 115B and /or assurances from the Minnesota Department of Agriculture (MDA), as an additional condition to Closing, Buyer shall have obtained prior to the Closing Date, for the behalf of Buyer and its successors and assigns, at Buyer's sole cost and expense, written determinations from the VIC and VPIC programs and the MDA providing Buyer and its successors and assigns with such assurances of non - liability with respect to the presence of any Hazardous Substances, petroleum contamination or agricultural chemicals or other environmental conditions located on, under, or about; migrating to or from; or otherwise affecting the Real Property that are identified prior to Closing Date, provided that said determinations from the VIC and VPIC programs and the MDA must be satisfactory to Buyer, in its sole discretion, in their form, scope and content. If the contingency set forth in Section 3.4 above has not been satisfied on or before a date thirty (30) days after the date of this Agreement or if any of the other contingencies set forth above has not been satisfied on or before the Closing Date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller given not more than five days after the applicable date. Upon such termination, the Earnest Money shall be returned to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. -4- 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur on September 15, 1997 or such earlier date (other than a Saturday, Sunday or holiday) designated in a written notice from Seller to Buyer given not less than two (2) days prior to such designated date (the "Closing Date "). The Closing shall take place at 9:00 a.m. local time at the office of Dorsey & Whitney in Minneapolis, Minnesota or at such'other time and place as may be agreed to by Buyer and Seller. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's \Closing Documents "), all in form and content reasonably satisfactory to Buyer: 44.1 Deed. A Warranty Deed, conveying the Real Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 4.1.2 Assignment of Kunz Contracts. An Assignment of the Kunz Contracts, conveying with warranties the Kunz Contracts to Buyer, free and clear of all encumbrances; together with the consent of all parties having a right to consent to such Assignment. 4.1.3 Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and /or indemnity (ALTA Form) which may be required by Title to issue an Owner's Policy of Title Insurance with the standard exceptions waived. 4.1.4 Original Documents. Original copies of the Kunz Contracts. 4.1.5 FIRPTA Affidavit. A non - foreign affidavit, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. 4.1.6 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title regarding the Real Property. -5- 4.1.7 ' IRS Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 4.1.8 Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat. § 103I or if there are "Wells ", a Well Certificate in the form required by law. 4.1.9 Storage Tanks. If the Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minn. Stat. § 116.48. 4.1.10 ACM Materials. Copies of all records required to be kept concerning the presence, location and quantity of asbestos containing materials and presumed asbestos containing materials in the Property. 4.1:11 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 5. Prorations. Seller and Buyer agree to the following proration and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all premiums required for the issuance of the ALTA Form B 1990 Owner's Title Policy required by Buyer. Seller and Buyer will each pay one -half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. 5.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 5.3 Real Estate Taxes and Special Assessments. Seller will pay, on or before the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the Closing Date including without limitation any installments of special assessments including interest payable with general real estate taxes in 1997. General real estate taxes payable in 1996 and all prior years will be paid by Seller. ISM General real estate taxes payable in 1997 shall be prorated by Seller and Buyer as of the Closing Date based upon a calendar fiscal year. 5.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. 5.5 Other Costs. All operating costs of the Property, will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such operating costs incurred before the Closing Date, and Buyer pays that part of such operating costs incurred , from and after the Closing Date. 5.6 Attorney's Fees. Each of the parties will pay its own attorneys fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 5.7 Kunz Contracts. Seller shall pay to Buyer all earnest money, and all other deposits and payments made or paid by The Kunz Oil Company or any other person, party or entity other than Lewis or Seller under the Kunz Contracts.: 6. Title Examination. Title Examination will- be conducted as follows: 6.1 Seller's Title Evidence. Promptly after the execution of this Agreement by Seller and Buyer, Buyer shall request a commitment ( "Title Commitment ") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by a title insurance company selected by Buyer ( "Title "). The Title Commitment will commit Title to insure title to the Property subject only to Permitted Encumbrances. If the Property is abstract property, promptly after the execution of this Agreement by Seller and Buyer, Seller shall deliver to Title or Buyer an Abstract of Title to the Real Property certified to a current date to include all appropriate judgment and bankruptcy searches. -7- 6.2 Buyer's Objections. Within twenty (20) days after receiving the Title Commitment,. Buyer will make written; objections ( "Objections ") to the form and /or contents of the Title Commitment. Buyer's failure to make Objections within such time period will constitute waiver of the Objections. Any matter shown on such Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed if necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to the satisfaction of such Objection and the amount so applied shall reduce the amount of cash payable to Seller at'the Closing. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 6.2.1 Terminate this Agreement and receive a refund of the Earnest Money. 6.2.2 Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 6.2.3 Waive the objections and proceed to close. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this .Agreement to the Closing Date (the "Executory Period "), Seller shall maintain adequate liability insurance and shall execute no contracts, leases, amendments or other agreements regarding the Property during the Executory Period, without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: sm 8.1 FIRPTA. Seller 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. 8.2 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the Property, which will survive and remain unpaid after the Date of Closing. 8.3 Wells. The Seller certifies and warrants that the Seller does not know of any "Wells" on the described Property within the meaning of Minn. Stat. § 103I. This representation is intended to satisfy the requirements of that statute. 8.4 Storage Tanks. To the Seller's knowledge, no above ground or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. To the extent storage tanks exist on or under the Real Property such storage tanks have been duly registered with all appropriate regulatory and governmental bodies and otherwise are in compliance with applicable Federal, state and local statutes, regulations, ordinances and other regulatory requirements. 8.5 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55 Sellers represents that there is no "individual sewage treatment system" (within the meaning of that statute) on or serving the Property. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 9. Damaze. If, prior to the Closing, all or any part of the Real Property is damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. 10. Broker's Commission. Seller and Buyer represent and warrant to each other that they have not dealt with any brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any such fees or commissions resulting , from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. 11. Indemnification. Seller shall indemnify and hold Buyer harmless from all liabilities (including reasonable attorneys' fees in defending against claims) arising out of claims by third parties relating to acts or occurrences on, at or with respect to the Property which occur on or before the actual Date of Closing. 12. Assignment. Seller may not assign its rights under. this Agreement. 13. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 14. Notices. Any notice required or permitted hereunder shall be given to Seller by personal delivery to any officer of Seller and shall be given to Buyer by personal delivery to either the City Manager or Assistant City Manager of the.City of Edina; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Two S Properties, Inca 601 Lakeshore Parkway , Minnetonka, Minnesota 55305 Attn: Patrick Stotesbery Fax #: 473 -4548 If to Buyer: Housing and . Redevelopment Authority of Edina, Minnesota 4801 West 50th Street Edina, Minnesota 55424 Attn: Executive Director Fax #: 927 -7745 -10- Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to the effective date of such change. 15. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 16. Entire Agreement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 17. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 18. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 19. ' Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 30 days of the date of such notice, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement. 20. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. now Seller and Buyer have executed this Agreement as of the date first written above. TWO S PROPERTIES, INC. By Its And By Its HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA -12- EXHIBIT A - Real Property Description EXHIBIT B - Kunz Oil Property EXHIBIT C - Kunz Contract EXHIBIT A That part of Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota ", lying North of the South 6 feet of said Lot 1, according to the recorded plat thereof. AND That part of Lot 1, Block 1, Wanner Addition, lying Northerly of a line described as beginning at a point on the East line of said Lot 1, distant 23.4 feet Northerly from the Southeast corner of said Lot 1, thence Westerly parallel with the South line of said Lot 1 a distance of 101 feet; thence Southerly parallel with said East line of Lot 1 a distance of 22.4 feet; thence Westerly parallel with said South line of Lot 1 to the West line of said Lot 1 and there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. R That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, Wanner Addition, thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1, thence Westerly parallel with the North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. EXHIBIT B Lot 2, Block 1, Wanner Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said Hennepin County, subject to an easement for roadway purposes over and across the South 25 feet of said Lot 2, and together with an easement for roadway purposes over and across the North 25 feet of Lot 3, Block 1 of said Wanner Addition; also together with an easement for road purposes over a strip of land 16 feet in width being 8 feet on each side of the following described line: Commencing at a point on the south line of Eden Prairie Road 358 feet due East from the West line of said Government Lot 8; thence South and parallel with the west line of said Government Lot 8 to a point which is 612.9 feet North of the South line of said Lot 8; thence west at right angles to east line of premises first above described. That part of Lot 1, Block 1 of said Wanner Addition described as follows: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line to said Lot 1 to the point of beginning. That part of Government Lot 8, Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as- follows: Beginning at a point located on a line drawn between the following described points; Point 1 located on a line parallel with and distant 221.8 feet East of the West line of said Government Lot 8, which point is distant South 259.4 feet from the Intersection of -the center line of Eden Prairie Road and said line; and Point 2 located on the South line of said Government Lot 8, 246.8 feet East of the Southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the South line of.said Government Lot 8; thence Northerly along said drawn line 25 feet; thence Easterly and at right angles a distance of 90 feet; thence Southerly and parallel with said drawn line 25 feet; thence Westerly and at right angles to point of beginning. r r� E, EXHIBIT C lam PAWIt" 90 NO 061 W11% el 911281 "to): THIS AMENDED AND RESTATED LAND EXCHANGE AND PURCHASE AGREEMENT ( "Agreement ") is made and entered into as of this �2/>r day of November, 1996; by and between GORDON C. AND LAVERNE S. LEWIS, husband and wife, individuals of Edina, Minnesota, hereinafter "LEWIS ", and THE KUNZ OIL COMPANY, a Minnesota corporation, hereinafter "KUNZ ". RECITALS WHEREAS, LEWIS and KUNZ respectively entered into a LAND EXCHANGE AND PURCHASE AGREEMENT on the 29th day of June, 1995 ( "1995. Agreement "), which agreement included certain contingencies and uncertaintie& with respect to the exact identity of the properties to be sold, purchased and exchanged, and with respect to the ability to obtain the approvals from the City of Edina necessary to accomplish the objectives of the parties; and WHEREAS, surveys, and agreements in principle reached v.;:. :' .. -ity of Edina with respect to the rep latting, reciprocal road easements and building, ana other events occurring subsequent to the execution of the 1995 Agreement have allowed the parties to establish boundaries and square footage of parcels, and eliminate some contingencies; and WHEREAS, LEWIS and KUNZ have agreed- upon the exchange of parcels, and the purchase and sale of a parcel in accordance with the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the Recitals and the mutual covenants contained herein, KUNZ and ''.EWIS_hereby agree as follows: 1. Recital s_ /A mend ment and Restatement of 1995 Agreement. The Recitals set forth above are incorporated into and made a part of this Agreement This Agreement amends and restates the 1995 Agreement in its entirety. For, convenience the Section numbering of the 1995 Agreement has been retained, but where the material contained in the 1995 Agreement is deemed to be no longer applicable or necessary, the language "No longer applicable" is inserted in its place, Capitalized Terms not otherwise defined herein, have the meanings given them in the 1995 Agreement. 2. Surveys and identification of parcels. A certified land surveyor, DeMars- Gabriel, Inc., has been engaged by the parties to survey the KUNZ and LEWIS properties and determined legal descriptions and the square footage of the parcels to be exchanged, and the parcel to be purchased and sold, and to provide legal descriptions for the properties to be owned by KUNZ and LEWIS respectively after the completion of the exchange and sale contemplated hereby. The surveyor has determined that Parcel 1 and Parcel 2 each contain 51,968. square feet, and Parcel 3 contains 3 1,5 12 square feet. For convenience, the identities and legal descriptions of the • E parcels and properties in question, are attached hereto as exhibits as follows and are incorporated by reference herein: PARCEL 1: Portion of the KUNZ PARCEL to be conveyed by KUNZ to LEWIS by way of exchange (EXHIBIT A) PARCEL 2: Portion of the LEWIS PARCEL to be conveyed by LEWIS to KUNZ by way of exchange (EXHIBIT B) PARCEL 3: Portion of the LEWIS PARCEL to be purchased by KUNZ from LEWIS (EXHIBIT C) PARCEL 4: PARCEL to be owned by KUNZ ; _-chase and exchange (EXHIBIT D) PARCELS: PARCEL to be owned by LEWIS afre. ..:nd exchange (EXHIBIT E) RECIPROCAL ROAD EASEMENT including legal description (EXHIBIT F) a. Identification of Parcels to be exchanged: No longer applicable. b. Identification of Parcels to be sold: No longer applicable. C. Identification of a cement to be eliminated... As an integra! part of the exchange and purchase transaction, the following described easement across certain LEWIS Property in favor of the KUNZ, Property shall be eliminated from the.Certificate of Title by Quitclaim Deed or such other legal instrument as may be'required by the Registrar of Titles of HewleZ..n County, to wit: That certain easement described in Certificate of Title No. 806499 as follows: "Subject to the 16 foot wide private roadway easement in favor . of Lot 2, Block 1, Wanner Addition, over part of Parcel 3 as set forth in Book 1703 of Deeds, page 431, County Recorder Document No. 2419555; 3. Prosy xch nge. At closing and upon the conditions hereinafter set forth, KUNZ shall exchange Parcel 1 for Parcel 2, and LEWIS shall exchange Parcel 2 in return for Parcel 1, subject, nevertheless, to temporary encroachments and indemnity set forth in Paragraph (c) of Section 7 hereof. 4. Pro eM Purchase. At closing KUNZ shall buy and LEWIS shall sell Parcel 3 upon the terms and conditions of this Agreement at the purchase price set forth in Paragraph 5. -2- E c s 5. Purchase Price. The square footage of Parcel 3 has been determined to be 31,512 sq. ft. and the purchase price has been established as 5157,560.00 ($5.00 per square foot) and payable as hereinafter set forth: (a) Earnest money in the sum of Twenty Thousand Dollars ($209000.00), in the form of a check drawn on the KUNZ account, has been delivered to Alfred Hoedeman, the attorney for LEWIS, contemporaneous with KUNZ execution and - delivery of the 1995 Agreement, which check has been negotiated and deposited into the trust account of the attorney for LEWIS, and the proceeds of which shall be delivered by the attorney for LEWIS at the closing, or otherwise disbursed or returned as provided in this Agreement. (b) The remainder of the purchase price for Parcel 3, shall be paid in cash by KUNZ to LEWIS at the closing, or at the option of KUNZ by a note and mortgage to be executed on the Date of Closing; and providing for equal monthly payments amortized over ten (10) years at ten percent (10 %) per annum from the Date of Closing to commence on the date which is one (1) month after the Date of Closing and continue until the second anniversary of the Date of Closing -at which time the entire principal balance and accrued interest shall be payable in full. 6. Taxes and nrorations. The real estate taxes and the special assessments, if any, regarding the Properties shall be allocated between the parties and paid as follows: (a) On or before the Date of Closing, each party shall pay all real estate taxes and installments of special assessments due and payable with regard to the Properties during 1996, and during all prior years so as to allow for the recording of deeds. It is.understood that this will result in paying taxes by each party on property which will change ownership. This method of tax payment is equitable because Parcels .l .and 2 have equal value. KUNZ shall pay such real estate taxes and special assessments payable with respect to the KUNZ Property and LEWIS such taxes with respect to the LEWIS Property. (b) The portion of the real estate taxes payable in 1996 with respect to Parcel 3 will be prorated as of the date of closing. The present LEWIS unimproved Property which includes Parcels 2 and 3 is taxed separately for real estate tax purposes and .consists of an area of 191,125 square feet. Based on the real estate taxes payable in 1996 of $24,497.00, the annualized tax per square foot of Parcel 3 is $.1282 per sq. ft. The amount taxes to be prorated -at closing shall be, therefore, $.1282 times the square footage of Parcel 3 which as determined by survey is 31,512 sq. ft., or $4,039.84. (c) KL NZ shall pay all special assessments levied against the KUNZ Property as of the Date of Closing and LEWIS those levied against the LEWIS Property as the Date of Closing, including the amounts thereof due and payable during 1996. 7. Provisions relating to Exchange and Purchase of Parcel-s. Except where specially noted in this Article or obvious from its context, the following provisions apply equally to KUNZ and LEWIS. tl- E rr ii&. (a) Conveyance: Quality of Title. Subject to performance by each of the parties, at closing KUNZ shall deliver to LEWIS as to Parcel f and LEWIS shall deliver to KUNZ as to Parcel 2 and Parcel 3; the following: (i) An affidavit stating that there are no unrecorded outstanding interests in the parcel, Federal or state tax liens, judgments, or bankruptcies affecting the parcel nor any lienable work done on the KUNZ Property or LEWIS Property, as applicable, within the preceding one hundred twenty (120) days; and (ii) A duly executed General Warranty Deed in recordable form (with all required state deed tax stamps affixed), conveying marketable title to the Parcels to be exchanged, purchased and sold as provided hereunder, together with the actual possession thereof, subject only to' the following exceptions ( "Permitted Encumbrances "): (1) Reservations of any minerals or mineral rights to the state or federal government. (2) Building and zoning laws, ordinances and regulations. (3) Easements of record. (4) Restrictive Covenants of record. Without limitation, title of the respective - parties shall not be' subject to any leases or rights of tenants, at will, month -to -month or otherwise, nor shall any tenants be in possession of the Parcels or any part thereof, as of the date of closing. Each of the parties shall hold the other party harmless from and indemnify the other party against any and all liability, damages or claims arising out of tenancies to the Date of Closing. (b) Evidence of Title. Promptly after execution of this Agreement, each of the parties has delivered to the other complete Abstracts of Title or Registered Property Abstracts regarding the parcel or parcels to be exchanged or sold by such parry, continued and certified to date, at the sole expense of the party providing the same, in accordance with the applicable Title Standards. Each party shall have twenty (20) days after receipt for examination of and objection to title, which objections, if any, shall be in writing. Neither parry shall have the right to , object to any easement or restrictive covenant of record unless it would interfere with improvements planned by the objecting party to the parcel(s) it will own after closing. If any objections are so made, the party which currently owns the parcel to which objections are made shall be allowed to extend the Date of Closing by sixty (60) days if necessary to make such title marketable. Such party may so extend the closing date by giving written notice to the objecting parry on or before the Date of Closing. Pending correcting of title defects, any payments and/or performance hereunder _a e` F e• required to be paid or performed by either party shall be postponed, but upon correction of said title defects both parties shall perform this Agreement according to its terms and conditions. If said title is not marketable and is not made so by the Date of Closing, as the same may be extended by the nonobjecting parry as above provided, then at the option of the objecting per: (i) This Agreement shall be null and void, neither party shall have further rights or obligations hereunder, and any money theretofore paid by KUNZ shall be refunded; or. (ii) . The objecting party may waive the objection and proceed to close as if no objection had been made. The objecting parry shall make its election by giving written notice to the other party within ten (10) days after expirations of the cure period. A failure to give notice within such ten (10) day cure period shall be deemed to elect to declare this Agreement null and void as provided in clause "(i)" above. Each of the parties acknowledges that the other has complied with its obligations to provide title evidence to the.other, KUNZ by providing abstracts of title to the KUNZ Property certified as of March 8, 1996 and LEWIS by providing a Registered Property Abstract to the LEWIS property certified as of April 23, 1996. Each party acknowledges that it has no objections to title based on the title evidence provided; and agrees that it may make objections only as to matters appearing of record subsequent to the date of the applicable certification date. (c) The previous paragraph (c) has been designated as paragraph (d) . and the following clause has been inserted as the new paragraph (c): (c) Permitted Tem gMa Encroachments and Access Indemnity- Assignment The parties hereto recognize that because of the location of Parcel 1 (which location was necessary to obtain approvals from the City of Edina for the exchange of parcels and replatting), as well as, the timing of construction of building by KUNZ, it has become necessary to permit KUNZ to have certain temporary encroachments. and access rights after Closing, and to protect LEWIS and assigns from the consequences and possible damages of non - performance or delays as a result from the granting of temporary encroachments and access rights. Accordingly, the parties hereto agree as follows: (i) A portion of KUNZ existing building is located on Parcel 1, and it is the agreement of the parties that KUNZ will remove such portion as part of the construction of an addition to its building to be constructed on Parcel 2. Prior to its removal, KUNZ shall have the right to continue to use and occupy the portion of its existing building located on Parcel 1 for the conduct of its business. The portion of the existing KUNZ building which is located on Parcel 1 is a permitted encroachment on Parcel 1 for a period expiring on the first anniversary of the Date of Closing. On or prior to the first anniversary of the Date of Closing, KUNZ shall remove the portion of its existing building which is located on Parcel 1, including any and all underground tanks, pipes, manholes and other structures, and fill and grade the land on which it is located to the reasonable satisfaction of LEWIS. After closing, KUNZ, its agents and contractors, shall have the right at all reasonable times to enter upon Parcel 1 and other parts of Parcel 5 in the vicinity thereof as is reasonably necessary to effect such removal, filling and grading. (ii) During the KUNZ construction period, but not to exceed I80 days from Date of Closing, KUNZ shall be entitled to a minimum of fifty (50) parking places in such location as designated by LEWIS or their assigns on Parcel 5 in reasonable proximity to the existing KLNZ building, taking into account that Parcel 5 is subject to development. (iii) KLNZ hereby agrees to indemnify LEWIS, or their assigns from any and all damages and remedial work, including reasonable attorneys fees, resulting from breach, non- performance or delay in the performance of the covenants contained or referred to in paragraph (i) above. KUNZ further agrees that this indemnification shall be assignable without qualification by LEWIS to grantees of PARCEL 5, as if such assignees) or grantee(s) was or were an original contracting party or original contracting parties. , (d) Other Documents. Each party without further notice shall provide to the other party as soon as possible with the exercise of good faith best efforts, with respect to the parcel it. is exchanging and, in the case of LEWIS, selling: (i) Complete copies of all surveys and ali warranties received by it regarding such Parcel; (ii) Complete copies of all Contract(s) for Deed and Mortgage(s) encumbering the Parcel or Parcels; (iii) Complete copies of any covenants, conditions, restrictions, reservations. or easements that encumber the Parcel or Parcels if any; (iv) Copies of existing soil engineering reports establishing the condition of the soil and subsoil, if any; and any information known by each party as to any soil conditions or hazardous waste matters. (v) Copies of all prior Environmental Studies or Audits regarding the Parcel of which such party has knowiedge,'or that are in the possession or control of such parry. This Agreement and each of the party's obligations hereunder shall be conditioned and contingent upon review and approval by the party and such party's counsel of all of the foregoing within the time period set forth in Section 9 of this Agreement, in their reasonable and. good faith judgment and discretion. 8. Environmental Re is. Except as to an underground gas or oil tank on Parcel 1 which KUNZ has agreed to remove at its own cost and expense prior to closing in -6- .•-• f E e accordance with the federal and state law, to the best knowledge of KUNZ as to Parcel 1 and the best knowledge of LEWIS as to Parcels 2 and 3, there is no Hazardous Material (as hereinafter defined) on such Parcel or Parcels) whether such Hazardous Material was placed by spill, release, discharge, disposal or storage, nor has any Hazardous Material penetrated any waters, including, but not limited to streams crossing or abutting such Parcel or Parcels or the aquifer underlying such Parcel or Parcels. Hazardous Material as used in this Agreement shall be defined to mean asbestos or any hazardous or toxic substance, material, waste or similar term which is regulated by local authorities, the State of Minnesota or the federal government, including, but not limited to, any material, substance, waste or similar tern which is currently defined as: (a) A hazardous material under the laws of the State of Minnesota. (b) A hazardous substance under Section 311 of the Federal Water Pollution Control Act (33 U.S.C. sec. 1317); (c) A hazardous waste under Section 1004 of the Fe- --e Conservation and Recovery Act (42 U.S.C. sec. 6901, et seq.); (d) A hazardous waste substance under Section .101 0, omprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. sec. 96U 1, et seq.); or (e) A hazardous waste or toxic substance, waste, material or similar term in any existing rules and regulations of any administrative agency including, but not limited to, the Environmental Protection Agency, the Occupational Safety and Health Administration, and any such similar state or local agency having jurisdiction over the Parcels whether or not stick rules and regulations have the force of law. To the best knowledge of KUNZ as to Parcel 1 "and LEWIS as to Parcel; ' -nd 3, such Parcel or Parcels is/are free of hazardous substances, and is/are not subject to an--, `"<u;:er Fund" type liens or claims by governmental regulatory agencies or other third parties arising from the release or threatened release of hazardous substances in, on, or about the KUNZ Property or LEWIS Property, as applicable. 9. ConfinEencies. This Agreement, and each and every obligation, undertaking, promise and covenant of each of the parties hereto in this Agreement are contingent and conditioned upon satisfaction with each of the following within the time periods hereinafter set forth, which satisfaction shall be determined in reasonable and good faith judgment and discretion of such party; (a) Receipt by such party of the various documents listed in Article 7 hereof to be provided by the other party, and approval and acceptance of the documents and the matters and conditions evidenced thereby by such parry and its counsel within thirty (30) days after receipt thereof. Each party hereby acknowledges that it has approved and accepted all such documents . and conditions evidenced by all documents delivered by'the other prior to the date hereof. -7- r r E rr (b) All of the representations of the other party contained in Article 8 hereof, shall be true and correct as of the Date of Closing. (c) The other parry shall have fully complied with and performed the conditions and agreements on its part required by the terms hereof. (d) No long applicable. (e) No long applicable. (0 On or before the date of closing KUNZ shall have entered into an agreement with the City of Edina on terms and conditions acceptable to it in its sole discretion with respect to the construction of a storm water runoff pond on Parcel 4 to serve portions of Parcels 4 and 5 and land owned by the City of Edina. (g) KLTNZ shall have entered into an agreement w, v of Edina as described in Paragraph 11 hereof, Platting, within the time specified in that Parat,,,;i. If any of the conditions set forth in this Agreement for the bene, t of a party have not been satisfied or waived in writing by such party within the time period specified herein, then such parry may elect to terminate this Agreement by giving the other party written notice thereof within the specified time period, upon the giving of which by such party this Agreement shall be null and void and any sums paid as earnest money initially tendered with this Agreement or subsequently tendered shall be returned to KUNZ forthwith and neither party shall have further rights or obligations hereunder. If the such party does not give the written termination notice herein allowed or provided within a time period specified herein, then the conditions for which such time period is allowed or provided shall be deemed waived by the such party. 10. Purchase by Pembco. No longer applicable. 11. Plarsincy. In order to record and/or file the Deeds contemplated by this Agreement, it has been determined to be necessary that the properties be platted pursuant to the requirements of the City of Edina. The parties have obtained final approval of the plat of Eden Office Park The conditions imposed by the City in granting approval will cause KLTNZ to incur certain additional costs in connection with the construction of its proposed addition to its building. The`: obligation of KLTNZ to close hereunder is contingent on KLTNZ executing a development agreement with the City of Edina with respect to the reimbursement of such costs from tax increment financing on terms and conditions acceptable to KLTNZ, in its sole discretion. If it is unable to enter into such a development agreement on or before the date of closing, it _ may terminate this' A - greement pursuant to Paragraph 9(g) hereof by giving written notice to LEWIS on or before suh date, in which evefii` the provisions,-of the last paragraph of Paragraph 9, Contingencies, shall apply. Except as provided below, all costs and expenses associated with obtaining plat approval by the City of Edina. including, but not limited to the fees and expenses of surveyors (not -8- r E P rr otherwise provided for in Paragraph 2) and fees payable to the City of Edina shall be shared equally by KUNZ and LEWIS. However, at closing, KUNZ will reimburse LEWIS $6,830 of the $80,000 subdivision fee payable in connection with the platting of the existing LEWIS Property. As between LEWIS and KUNZ, LEWIS will be solely responsible for the balance of the 580,000 subdivision fee and any park dedication fee, or. fees similar to subdivision or park dedication, payable in connection with the platting of the existing LEWIS Property. KLNZ will be solely responsible for any park dedication fee, subdivision fee, or similar fee payable in connection with the platting of the existing KUNZ Property. Each party will be responsible for its own attorneys' fees. 12. Closing. The closing shall take place no later than 5 business days after the last of the contingencies described in Paragraph 9(0 and Paragraph 11 have been satisfied or waived, at 10:00 o'clock A.M., but no later than February 15, 1997, the Date of Closing, at the office of the attorney for LEWIS, or at an office of a title insurance company located within Hennepin County, Minnesota, designated by the KUNZ' lender and reasonably acceptable to LEWIS, unless the parties otherwise mutually agree to a different time, date, or location. KUNZ shall pay the fees charged by the title insurance company for conducting the closing at the KUNZ' request; provided however, that with respect to Parcel 3 LEWIS shall pay all fces, costs, and expenses customarily incurred by sellers within Hennepin County, Minnesota, to deliver marketable title and convey to a buyer of real estate within said jurisdiction, and otherwise to perform LEWIS' obligations herein. 13. Obligations of each of the parties at Closing,. At closing, each party shall do the following: - (a) Deliver to the other party the Affidavit, .General Warranty Deed, and Quitclaim or such other documents required pursuant to ParagrRph 7, including a Quitclaim Deed from KL NZ to LEWIS of easement referred to in Paragraph 2(c) hereof, duly executed and acknowledged by such party, conveying to the other party good and marketable title to the Parcels to be exchanged and Parcel purchased and sold, free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights -of -way, easements and any other. matters affecting title except the Permitted Encumbrances. It is specifically noted that the Reciprocal Road Easement Agreement herein referred to will provide mutual access to both parties to Eden Circle and Eden Avenue. (b) Deliver to the other party all the "Other Documents" required by Paragraph 7(d) hereof, to the extent not previously delivered, and execute an assignment of all of such party's rights in the "Other Documents" (as and to the extent of said rights) to the other party. (c) Deliver to the parry quiet and peaceable possession of the Parcel or Parcels conveyed by such parry, subject to KUNZ' encroachment, access and parking rights under Paragraph 7(c) hereof. (d) Pay or cause payment of the following: (1) all state deed tax applicable to the Parcel or Parcels conveyed by it: and (2) any sum required to be paid by a party pursuant to any N • Y, E other part of this agreement. Each parry shall be responsible for the payment of any recording fees applicable to the deed or deeds received by it. . (e) Execute and deliver to the other parry, or cause their successors in interest to execute and deliver to the other party, the Reciprocal Road Easement Agreement. 14. Obligations of KU 'N7 at Closing . Subject to the full, complete and timely performance.by each party of its respective obligations hereof, KUNZ shall do the following: (a) KUNZ shall deliver to LEWIS a proper Certificate of Resolutions of the Board of Directors of KUNZ authorizing the execution of this Agreement and of all.documents necessary to consummate the transaction contemplated hereby. (b) Deliver to LEWIS the purchase price in the manner set forth in Section 5 hereof 15. Brokerage Fees and Commis ions. Each party hereby covenants and agrees to save and to hold the other party whole and harmless from, and fully indemnify each other against, any and all commissions and fees for real estate brokerage and agency commissions that may be claimed or asserted against such party in connection with :this transaction. 16. Condemnation. If, between the date hereof and the date of closing, any condemnation proceedings or eminent domain proceedings against. the Parcels or any part or portion thereof 'shall be commenced or threatened or be imminent, either party shall have the right, at its option, to terminate this Agreement by giving ' written notice thereof .to the other party. In the event of such termination, neither party shall, have further rights or obligations hereunder and all sums paid by KUNZ shall be forthwith returned to KUNZ by LEWIS. In the . event this Agreement is not terminated as aforesaid, this Agreement shall continue in full force and effect, and there shall be no adjustment to the purchase price on account of such condemnation but all awards under such proceedings shall become, at the Date of Closing,, the property of each respective acquiring and exchanging'party free of any right or claim therein on the part of the other party. 17. Notices. All notices, demands and requests which may be given or which are required to be given by either party to the other shall be in writing, and shall be sent by United States mail, postage prepaid, certified with return receipt requested, as follows: If to KUNZ: The Kunz Oil Company 5200 Eden Circle Edina, Minnesota 55436 Attn: Walter Kunz,. III _in_ r f E e• ro With a copy to: Gray, Plant, Mooty, Mooty and Bennett, P.A. Attn: John D. Giudicessi 3400 City Center 33 South Sixth Street Minneapolis, Minnesota 55402 If to LEWIS: Lewis Engineering 4201 Norex Boulevard Chaska, Minnesota 55318 Attn: Gordon C. Lewis With a copy to: Hoedeman & Christy Attn: Alfred L. Hoedeman 920 Second Avenue south, 91100 Minneapolis, Minnesota 55402 Notice shall be deemed given on the date mailed. 18. Covenant/Severability. None of the covenants, warranties, representations and agreements herein contained shall merge with the Deed, but rather shall survive cics:::g and shall run with the land and extend to and be binding upon the heirs, executors, a.drr.�:.• •trators, successors and assigns of the respective parties. If any tern, covenant or condition of this Agreement is unlawful or unenforceable, it shall be severed from this Agreement and given no effect, and the remaining terms and conditions of this Agreement shall continue to be operative, binding and effective. This document contains all of the agreements between the parties and may be modified only in writing. 19. Attorneys' Fees. In the event a dispute arises with respect to this Agreement, the party prevailing in such dispute shall be entitled to recover all expenses, including without limitation reasonable attorneys' fees and expenses incurred in ascertaining such party's rights, and in preparing to enforce or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit. 20. Binding Effect. This Agreement shall be binding on and inure to the benefit of the respective successors -in- interest and assigns of the parties. For purposes of this Agreement, successors-in- interest shall include (without limitation) the surviving corporation in the event of the merger of any party hereto, the shareholders of any parry hereto in the event of dissolution, and the purchaser in the event of a sale of its assets by any party hereto. 21. Applicable Law. This Agreement and all rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota. r E rr 22. Countemarts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the. same instrument. 23. Known Contamination. The following two paragraphs relate to potential petroleum contamination on the parcels currently owned by Kunz ("Kunz Property ") and parcels currently owned by Lewis ( "Lewis Property "). It does not relate to or negate the provisions herein relating to other hazardous substances, pollutants or contaminants. Moreover, and except for the contractual obligations to each other set forth herein, nothing herein is any admission that either party is legally responsible for any hazardous substances, pollutants or contaminants on their respective property. a. The parties acknowledge that there may exist petroleum contamination on the Lewis Property detected as a result of certain environmental tests done on behalf of Kunz on or about October 31, 1996 in the northeasterly portion of what will be platted as part of Lot 7 and conveyed to Kunz. Lewis has reported such contamination to the MPCA. Lewis, at its sole cost except as expressly provided below in this paragraph, shall diligently pursue the procurement of a closure letter from the MPCA pursuant to which the MPCA acknowledges that, based upon the data submitted, the contamination requires no further mediation or investigation. Kunz shall cooperate with any and all remediation and investigation that may be reasonably associated with the procurement of said closure letter, including but not limited to permitting Lewis to remove and stockpile soils, perform monitoring and other remediation in a manner which does not unreasonably interfere with the construction of Kunz's proposed building and other improvements. The costs of investigation, testing, sampling, and processing witlr-the MPCA shall be paid 50% by Kunz and 50% by Lewis, provided further that ttte portion paid by Kunz shall -not exceed $1,500.00. Kunz shall have no obligation to pay any costs of remediation of such petroleum contaminated soils. Lewis shall seek reimbursement of any and all costs associated therewith through the Minnesota Petro Fund. Any reimbursements from the Petro Fund made in connection with the type of costs paid by Kunz shall be paid 50% to Lewis and 50% to Kunz. The parties acknowledge that the MPCA may require no further investigation or remediation. b. The parties also acknowledge that there may exist petroleum contamination on the Kunz Property in the vicinity of the tank removed by Kunz Kunz has reported any such contamination to the MPCA and Kunz, at its sole cost, will continue to diligently pursue the procurement of a, closure letter form the MPCA pursuant to which the MPCA acknowledges that, based upon the data submitted, that it requires no further remediation or investigation. Lewis shall cooperate with any and all remediation and investigation that may be reasonably associated with the procurement of said closure letter. including but not limited to permitting Kunz to remove and stockpile soils. perform monitoring and other remediation in a 12- r� E Gr manner which does not unreasonably interfere with the construction of proposed buildings and other improvements by Lewis or Lewis' transferees. Kunz may seek reimbursement of any and all costs associated therewith through the Minnesota Petro Fund and/or from responsible parties and retain any reimbursements made in connection therewith. IN WITNESS WHEREOF, the parties have executed this Agreement as of the. day and year first above written. THE KUNZ OIL COMPANY By. w Gordon C. Lewis Walter M. Kunz Its Vice President 4. Laverne S. Lewis _17_ E Q JOINDER Laurent/Parks Development Company, LLC, a Minnesota limited liability company, which has entered into a purchase agreement with LEWIS to purchase Parcel 5, hereby joins in the foregoing Agreement for the sole purpose of agreeing to the provisions of Section 7(c) thereof, Permitted Temporary Encroachments and Access. Indemnity, Assignment. cr:314505 v5 LAURENT/PARKS DEVELOPMENT, LLC By Its EXHIBIT A to Amended and Restated Land Exchange and Purchase Agreement Kunz Parcel to be onveved to Lewis (Exchange) Real property located in Hennepin County, Minnesota, described as follows: That part of the property described as follows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows: Beginning at the Southeast comer of said Lot 1; thence North along the East line of said Lot 1, a.distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1; a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. And That part of Government Lot 8, Section 28, Township 117, Range 21 West, Hennepin County, Minnesota, described as fol lows: Beginning at a point located on aline drawn between the following described points.- Point one located on a line parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet: from the intersection of the center line of Eden Prairie Road and said line; and point two located on the south line of said Government Lot 8, 246.8 feet East of the southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8 thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 feet; thence westerly at right angles to point of beginning. Which lies northerly and westerly of a line described as beginning at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet, thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating d- EXHIBIT B to Amended and Restated Land Exchange and Purchase Agreement Lewis Parcel to be Conveyed to Kum rchancg) That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said B lock 1; thence Westerly parallel with the' North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along saidZast line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Govemment Survey thereof. AND WHICH LIES Northerly of a line described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. AND WHICH LIES Southerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDMON, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. r E EXHIBIT C to Amended and Restated Land Exchange and Purchase Agreement Real property located in Hennepin County, Minnesota, described as follows: That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which. lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along.said most Easterly line and its Northerly extension to a point 25 feet Northerly along said-most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with the! North line of said Lot 210 the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot,1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WNICH LIES Southerly of a line described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDMON; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right-of-way line of the said Soo Line Railroad Company and said line there terminating. r E Tr EXHIBIT D to Amended and Restated Land Exchange and Purchase Agreement Real property located in Hennepin County, Minnesota, described as follows: That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDMON,. thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast comer of Lot 2, in said Block 1; thence Westerly parallel with the' North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of a line described as fol lows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. AND WHICH LIES Southerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest comer thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. n_i r E That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with the North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Southerly of a line described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described, thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line them terminating. t E That part of the property described as fol lows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows: 'Beginning at the Southeast comer of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. And That part of Government Lot 8, Section 28, Township 117, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point located on a line drawn between the, following described points: Point one located on a line parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet from the intersection of the center line of Eden Prairie Road and said line; and point two located on the south line of said Government Lot 8, 246.8 feet East of the southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8; thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 feet; thence westerly at right angles to point of beginning. Which lies southerly and easterly of a line described as beginning at a point on the west line of Lot 2, Block 1; said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating D -3 , E s EXHIBIT E to Amended and Restated Land Exchange and Purchase Agreement Parcel to be Owned by Lewis after Sale and Exchange Real property located in Hennepin County, Minnesota, described as follows: That part of the property described as follows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows: Beginning at the Southeast comer of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot ,1; thence South along the West line of said Lot 1 a distance of 1 foot to the. Southwest corner of said Lot 1; thence East along the South line. of said Lot. 1 to the point of beginning. And That part of Govemment Lot 8, Section 28, Township 117, Range 21 West, Hennepin County.-Winnesota, described as follows: Beginning at a point located on a line drawn- between the following described points: Point one located on a' line parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet from -the intersection of the centerline of Eden Prairie Road and said line; and point two located on the south line of said Govemment Lot 8, 246.8 feet East of the southwest comer of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8; thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 feet; thence westerly at right angles to point of beginning. Which lies northerly and westerly of a line described as beginning at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating C_t r E � That part of Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota ", lying North of the South 6 feet of said Lot 1, according to the recorded plat thereof. And that part of the property described as follows: That part of Lot 1, Block 1, WANNER ADDITON, lying Northerly of a line described as beginning at a point on the East line of said Lot 1, distant 23.4 feet Northerly from the Southeast comer of said Lot 1; thence Westerly parallel with the south line of said Lot 1 a distance of 101 feet; thence Southerly parallel with said East line of Lot 1 a distance of 22.4 feet; thence Westerly parallel with said South line of Lot 1 to the West line of said Lot 1 and there terminating, according to the recorded plat thereof. That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said .Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with _ the North line of said Lot 2 to the East line of Lot 1, in said Blockj; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDMON, distant 25.00- feet northerly of the southwest comer thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of .153.93 feet; thence North 0 degrees 03 minutes 08 seconds. West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. C.1 e— E EXHIBIT F R to Amended and Restated Land Exchange and Purchase Agreement THIS RECIPROCAL ROAD EASEMENT AGREEMENT ("Agreement "), is made and entered into as of the day of November, 1996, by and among The Kunz Oil Company, a Minnesota corporation ( "Kunz"), Laurent/Parks Development Company, LLC, a Minnesota limited liability company ("Laurent"), and the City of Edina, a municipal corporation (the "City "). A. Kunz is the owner of that certain parcel of land located in the City of Edina, Hennepin County, Minnesota, which is legally described on Exhibit attached hereto and incorporated herein (the "Kunz Pa=l"). B. Laurent is the owner of that certain parcel of land located in the City of Edina, Hennepin County, Minnesota, which is legally described on Exhibit R attached hereto and incorporated herein (the "Laurent Parcel'). C. Kunz and Laurent desire to establish for themselves, their successors and assigns and anyone claiming by, through or under any of them, reciprocal easements for vehicular and pedestrian access between their respective parcels and the adjoining public roads, upon the terms and conditions hereinafter set forth. D. The City desires an easement for access, ingress and egress for emergency vehicles in, on, over and across the easements established by Kunz and Laurent upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the Recitals, the mutual covenants contained herein, the mutual benefits to be derived thereby, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Kunz and Laurent do hereby grant, convey and agree as follows: 1. Grant of FAsement by_ Kunz- Kunz hereby grants and conveys to Laurent a nor. - exclusive, perpetual easement for access, ingress and egress of vehicular and pedestrian traffic ("Laurent Access Ea;ement'l to and- from the Laurent Parcel and the public street known as Eden Circle in, upon, across and over that part of the Kunz Parcel described on Exhibit C attached hereto and incorporated herein ( "Kunz Easement Parcel") including the right to enter on the Kunz Easement Parcel for the purpose of constructing, reconstructing, maintaining, repairing and resurfacing a paved.private road thereon. Kunz reserves the right to relocate the Kunz Easement Parcel, from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that any such relocation does not change the places at which the relocated Kunz Easement Parcel connects with the Laureat Easement Parcel (as defined in Section 2 hereof) or Eden Circle. Any such relocation will be subject to the approval of the owner of the Laurent Parcel, which approval may not be unreasonably withheld. Kunz hereby grants and conveys to the City a non- exclusive, perpetual easement for access, ingress and egress for emergency vehicles, including but not limited to police vehicles, fur trucks and ambulances, in, on, over and across the Kunz Easement Parcel. Kunz reserves the right to relocate the Kunz Easement Parcel from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that any such relocation does not change the places at which the relocated Kunz Easement Parcel connects with the Laurent Easement Parcel (as defined in Section 2 hereof) or Eden Circle. Any such relocation will be subject to the approval of the City, which approval may not be unreasonably withheld. 2. Grant of Fasement by Laurent. Laurent hereby grants and conveys to Kunz a non-exclusive, perpetual easement for access, ingress and egress of vehicular and pedestrian traffic ( "Kunz Access Easemenel to and from the Kunz Parcel and the public street known as Eden Avenue in, upon, across and over that part of the Laurent Parcel described' on Exhibit C attached hereto and incorporated herein ( "Laurent Easement Pareel'l including the right to enter on the Laurent Easement Parcel for the purpose of constructing, reconstructing, maintaining, repairing and resurfacing a paved private road thereon. Laurent reserves the right to relocate the Laurent Easement Parcel, from time to time, but not reduce its width to less than that set forth on Exhibit C, E ff- E provided that any such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section 1 hereof) or Eden Avenue. Any such relocation will be subject to the approval of the owner of the Kunz Parcel, which approval may not be unreasonably withheld. Laurent hereby grants and conveys to the City a non - exclusive, perpetual easement for access, ingress and egress for emergency vehicles, including but not limited to fire trucks and ambulances, in, on, over and across the Laurent Easement Parcel. Laurent reserves the right to relocate the Laurent Easement Parcel from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section I hereof) or Eden. Avenue. Any such relocation will be subject to the approval of the City, which approval may not be unreasonably withheld. 3. Certain Definitions. The Kunz Easement Parcel and the Laurent Easement Parcel are herein sometimes collectively called the "Access Easement Parcel ". The Kunz Access Easement and the Laurent Access Easement are herein sometimes collectively called the "Access Easement ". The Kunz Parcel and/or the Laurent Parcel, without further specificity is herein sometimes referred to as a "Parcel ". 4. Construction of Road* Maintenance. Nothing in this Agreement shall obligate Kunz. Laurent or any future owner of either the Kunz Parcel or the Laurent Parcel to construct or pay any part of the cost of constructing a road on the Access Easement Parcel, or any part thereof. In the event that the owner of either Parcel elects to construct a road on the Access Easement Parcel or any part thereof, it shall do so only in accordance with plans and specifications approved by the owner of the other Parcel, which approval will not be unreasonably withheld. Once a road is constructed thereon, the owner of the Kunz Parcel, at its sole cost, shall be responsible for maintaining the Kunz Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Kunz Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Kunz Easement Parcel Once a road is constructed thereon, the owner of the Laurent Parcel, at its sole cost, shall be responsible for maintaining the Laurent Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Laurent Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Laurent Easement Parcel. If the owner of either Parcel ("Defaulting Owner defaults in the performance of its maintenance obligations, and such default shall continue for a period of days or. in the case of the failure to promptly remove snow, ice or other debris, .days after written notice from the owner of the other Parcel ("Non - Defaulting Owner"), the Non - Defaulting Owner, in addition to pursuing any other right or remedy it may have. may perform the obligations of the Defaulting Owner as specified in such notice at the expense of the Defaulting Owner. The amount expended by the Non - Defaulting Owner in performance of such obligations of the Defaulting Owner shall be due and payable on demand and if not paid within ten (10) days of demand shall bear interest from the date of demand at the rate of percent C2%) per annum or the maximum rate permitted by applicable law, whichever is less. S. Continuous Access. The Access Easement shall be used to provide vehicular access to and from the Kunz Parcel and Laurent Parcel and Eden Avenue and Eden Circle. Neither parry shall construct or permit the construction of any buildings or other structures on the Access Easement Parcel or do or permit any other thing on or to the Access Easement Parcel which may impede, limit obstruct or restrict vehicular and pedestrian access to and from Eden Avenue and Eden Circle and the Kunz Parcel and the Laurent Parcel. All maintenance work done on the Access Easement Parcel shall be performed in such a manner so as to cause as little interference as possible with the continuing use thereof for the purposes set forth above and at no time, without the owner of the affected Parcel's i= i . C r E F_ and the City's prior written consent, shall any said maintenance deprive such Parcel or the City of access as is contemplated by this Agreement. 6. Independent CovenanWSoecific Performance, Etc- Each and every covenant and agreement contained in this Agreement shall be for any and all purposes hereof construed as separate and independent and the breach of any covenant in this Agreement by the owner of the Kunz Parcel or the Laurent Parcel, as the case may be, shall not release or discharge the owner of the other Parcel from the performance of its obligations hereunder. In the event the owner of either Parcel breaches it obligations under this Agreement, the owner of the other Parcel and the City shall have all rights and remedies available at law or in equity, including, without limitation, damages, specific performance and/or injunctive relief. 7. Limitation on Liability. Notwithstanding anything to the contrary contained in this Agreement. no fee owner or contract for deed vendee of the Kunz Parcel or the Laurent Parcel, as the case may be, shall be personally responsible, obligated or liable under this Agreement except to the extent that such responsibility, liability or obligation arose during the period of its ownership of the Parcel which creates the responsibility, liability or obligation. The City shall have no liability, responsibility or obligation of any kind to design, construct, reconstruct, maintain, repair, resurface or replace a road or any other improvement in, on, over or under the Access Easement Parcel or for any claim, demand, loss, damage, suit, cause of action, cost or expense (collectively "Claims and Damages ") arising out of, resulting from, or related to, or alleged to arise out of, result from, or relate to, the design, construction, maintenance, repair, reconstruction, or use of all or any part of the Access Easement Parcel, -the Access Easement or the roads or other improvements now or hereafter made, located or constructed in, on, over or under the Access Easement Parcel, except for Claims and Damages arising out of, resulting from or related to the use of the Access Easement Parcel by the City, its employees or agents. a. Not a Public Dedication. The easements created by this Agreement are not public streets. roads or drives and nothing contained in this Agreement shall be deemed to be a gift or dedication of all or any portion of the easements created by this Agreement, or portions thereof, to the general public or as a public street, road or drive, even though some of the easements created by this Agreement may be used by the general public. 9. Severability. If any term, provision, covenant or restriction contained herein or the application thereof to any person, entity or circumstances shall be held to, be invalid, illegal or unenforceable, d: validity of the remainder of the terms, provisions, covenants or restrictions or the application of such term, provision, covenant or restriction to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 10. Attorney's Fees. In the event that any parry brings .an action against another parry for the other parry's alleged breach or default in any of the terns, covenants, or conditions imposed upon said other party pursuant to this Agreement, the prevailing parry in any said action shall be entitled to recover, as part of its costs, its court costs and reasonable attorney's fees. 11. Waiver and Amendment. No waiver of any default in any of the terms, covenants, or conditions of this Agreement shall be deemed to be a waiver of any subsequent default in the same, nor shall any forbearance by any parry in seeking a remedy for said default be deemed to constitute a waiver of its rights and remedies with respect to said default, nor shall any parry be deemed to have waived any of its rights or remedies hereunder unless said waiver is in writing, is executed in the same manner as this Agreement and is properly recorded or filed. No agreement shall be deemed to constitute an amendment to this Agreement unless the same is in writing, expressly states that said agreement is amendatory hereto, is executed by the City, the owner or owners of the Kunz Parcel and the owner or owners of the Laurent Parcel in the same manner as this Agreement, and is properly recorded or filed. 12. ParaEraoh Headier;. The captions and paragraph heading in this Agreement are inserted only as a matter of convenience and for reference and they do not define, limit, or describe the scope of (his Agreement or any provision thereof. F r E Lff- 13. Perpetual Effect_ Benefited Parties. This Agreement is entered into in connection with the conveyance of real property. All of the terms, covenants, conditions, rights and privileges set forth in this Agreement shall be perpetual and shall be appurtenant to, and run with, the Kunz Parcel and the Laurent Parcel. 14. Governing Law. This Agreement shall be governed and construed by and under the laws of the State of Minnesota. 15. Successors and Assigns, This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective personal representatives, successors and assigns. 16. Recording and Filing of this Agreement. The parties agree that this Agreement shall be recorded in the office of the County Recorder for Hennepin County, Minnesota and/or filed in the Office of the Registrar, of Titles for Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. -4- THE KUNZ OIL COMPANY By: Walter M. Kunz III Its Vice President LAURENT/PARKS DEVELOPMENT COMPANY, LLC By: Its: CITY OF EDINA By: Its: STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1996, by Walter M. Kunz III, .the Vice President of The Kunz Oil Company, a Minnesota corporation, on behalf of such corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1996, by the of Laurent/Parks Development Company, LLC, a Minnesota limited liability company, on behalf of such company. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of . 1996, by the of the Ciq of Edina, a municipal corporation, on behalf of said municipal corporation. This instrument was drafted by: Gray, Plant, Mooty, Mooty & Bennett, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN, 55402 Telephone: (612) 343 -2800 Exhibits: A -Legal description of Kunz Property B -Legal description of Laurent Property C -Legal description of Access Easement Parcels 126749138341 GP:272895 v8 C f Notary Public • E EXHIBIT A Kunz Parcel Real property located in Hennepin County, Minnesota, legally described as follows: Lot 7 Eden Office Park. GP:272895 v8 r E t= Q EXHIBIT C Access Easement Parcels Real property located in Hennepin County, Minnesota, legally described as follows: An easement for Ingress and egress purposes over and across the most easterly 30.00 feet of Lot 1, Block 1, EDEN OFFICE PARK Real property located in Hennepin County, Minnesota, legally described as follows: An easement for Ingress and egress over and across the south 15.00 fleet of that part of Lot 7, Block 1, EDEN OFRW PART( lying westedfy of the nordWfy extension of that line of sold Lot 7 being witnessed by a bearing of North 00 degrees 00 minutes 00 seconds East and a distance of 38.12 feet, also that part of Bald Lot lying 16.00 Beet on each side of that line of said Lot 7 wiinessed on said plat by a bearing of North 88 degrees 44 minutes 18 seconds West and a distance of 325.00 feet, as extended easterly to the east line of said Lot 7, also that part of the most vasterty 30.00 feet of said Lot 7 lying north of the north hne of that 30.00 foot strip described as being centered on the easterly extension of the aforementioned line of Lot 7. F -s- PURCHASE AGREEMENT THIS AGREEMENT is made as of July 1997 by and between The Kunz Oil Company, a Minnesota corporation ( "Seller ") and the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate under the laws of Minnesota ( "Buyer "). RECITALS A. On February 18, 1997 the Buyer adopted a resolution authorizing the acquiring of the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain if, Buyer is unable to purchase the Real Property. B. Seller and Buyer are entering into this Agreement in lieu of Buyer acquiring the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain. In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Propel Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively,. "Property "): 1.1 Real Prope The real property located in Hennepin County, Minnesota described on the attached Exhibit A ( "Land ") together with (1) all buildings and improvements constructed or located on the Land ( "Buildings ") and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property "). 1.2 Seller's interest in that certain Amended and Restated Land Exchange and Purchase Agreement ( "Lewis Contract ") dated November 21, 1996, between Seller and Gordon C. Lewis and Laverne S. Lewis, husband and wife (collectively "Lewis "), relating to the Real Property and the real property described on attached Exhibit B ( "Lewis Property "). A photocopy of the Lewis Contract is attached hereto as Exhibit F. Seller represents and warrants that the Lewis Contract has not been amended and constitutes the entire agreement between Lewis and Seller with respect to the Real Property and the Lewis Property. 2. Purchase Price and Manner of Payment. The total purchase price ( "Purchase Price ") to be paid by Buyer to Seller for the Property shall be Nine Hundred Ninety -Five Thousand Dollars ($995,000). The Purchase Price shall be payable as follows: A /t PURCHASE AGREEMENT THIS AGREEMENT is made as of July 1997 by and between The Kunz Oil Company, a Minnesota corporation ( "Seller ") and the Housing and Redevelopment Authority of Edina, Minnesota, a body politic and corporate under the laws of Minnesota ( "Buyer "). RECITALS A. On February 18, 1997 the Buyer adopted a resolution authorizing the acquiring of the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain if, Buyer is unable to purchase the Real Property. B. Seller and Buyer are entering into this Agreement in lieu of Buyer acquiring the Real Property (as herein defined) by the exercising of Buyer's power of eminent domain. In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Propel Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the following property (collectively,. "Property "): 1.1 Real Prope The real property located in Hennepin County, Minnesota described on the attached Exhibit A ( "Land ") together with (1) all buildings and improvements constructed or located on the Land ( "Buildings ") and (2) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property "). 1.2 Seller's interest in that certain Amended and Restated Land Exchange and Purchase Agreement ( "Lewis Contract ") dated November 21, 1996, between Seller and Gordon C. Lewis and Laverne S. Lewis, husband and wife (collectively "Lewis "), relating to the Real Property and the real property described on attached Exhibit B ( "Lewis Property "). A photocopy of the Lewis Contract is attached hereto as Exhibit F. Seller represents and warrants that the Lewis Contract has not been amended and constitutes the entire agreement between Lewis and Seller with respect to the Real Property and the Lewis Property. 2. Purchase Price and Manner of Payment. The total purchase price ( "Purchase Price ") to be paid by Buyer to Seller for the Property shall be Nine Hundred Ninety -Five Thousand Dollars ($995,000). The Purchase Price shall be payable as follows: s • 2.1 $5,000 as earnest money ( "Earnest Money ") contemporaneously with the execution hereof. 2.2 $990,000 in cash or by wire transfer of U.S. Federal Funds at Closing. The Purchase Price includes not only the value of the Property but also all benefits, costs and expenses which .Buyer would be entitled to receive or to be reimbursed for if the Real Property had been acquired by the exercising of Buyer's power of eminent domain, including without limitation, all relocation benefits, costs and expenses and all attorneys' and appraisal fees, costs and expenses. 3. Contingencies. The obligation of Buyer to close under this Agreement are contingent upon each of the following: 3.1 Representations and Warranties. The representations and warranties of Seller contained in this Agreement must be true in all material respects now and on the Closing Date as if made on the Closing Date and Seller shall have delivered to Buyer on the Closing Date a certificate dated the Closing Date certifying that such representations and warranties are true in all material respects as of the Closing Date (the "Bring -down Certificate "). 3.2 Title. Title shall have been found acceptable, or been made acceptable,. in accordance with the requirements and terms of Section 6 below and Buyer shall have received the title policy ( "Title Policy ") issued by Title pursuant to the Commitment, or a suitably marked Commitment initialed by Title obligating Title to issue such a Title Policy in the form required by the Commitment as approved by Buyer. 3.3 Performance of Seller's Obligations. Seller shall have performed all of the obligations required to be performed by Seller under this Agreement, ,as and when required by this Agreement. Included within the obligations of Seller under this Agreement are the following: 3.3.1 Seller shall allow. Buyer, and Buyer's independent contractors and agents, access to the Real Property without charge and at all reasonable times for the purpose of investigating and ,testing the Real Property. Seller shall make available to Buyer and Buyer's independent contractors and agents without charge all records, reports, studies, tests, agreements, contracts, permits, correspondence and other materials or information in Seller's possession relating to the Property and Hazardous Substances affecting the Real Property. Buyer shall have the right to -2- y interview individuals who may have knowledge of such matters. Buyer shall pay all costs and expenses of such investigation and testing except Seller shall pay Buyer the lesser of (a) $1,000 or (b) fifty percent (50 %) of the cost of an environmental testing firm drilling two (2) test holes on Parcel 1 (as defined and described in the Lewis Contract) in the location of the underground storage tank that was removed in 1996 for the purpose of determining if any Hazardous Substances are located in or on said Parcel 1 and issuing to Buyer a report detailing its findings, conclusions and recommendations. Buyer shall hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities, including, without limitation, reasonable attorneys' fees, except such costs or liabilities arising out of, related to or as a consequence of the information obtained by, or the results of, such investigation or testing. Buyer shall further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to such entry. 3.3.2 Within ten (10) days after the date of this Agreement, Seller shall deliver to Buyer true and correct copies of the Lewis Contracts, the encumbrances identified on the attached Exhibit C and all other agreements, leases or contacts regarding the Real Property for Buyer's review and analysis. 3.4 Document Review. Buyer shall have determined, in it's sole judgment, (a) that it is satisfied with it's review and analysis of all records, reports, studies, tests, agreements, contracts, permits, correspondence and other materials or information in Seller's possession relating to the Property and Hazardous Substances affecting the Real Property or human health or safety, the Lewis Contracts, encumbrances identified on the attached Exhibit C and all other agreements, leases or contacts regarding the Real Property and (b) that no further investigation, cleanup or other response is required at, on, under or about the Real Property as a result of the presence of any hazardous, toxic or dangerous substances, wastes or other materials or the presence of any other conditions which could adversely affect the environment or human health or safety. 3.5 Testing. Buyer shall have determined that it is satisfied with the results of and matters disclosed by environmental site assessments, soil -3- r tests, engineering inspections, Hazardous Substances and environmental reviews of the Property. 3.6 Acquisition of Lewis Property. Buyer shall have acquired fee simple title to the Lewis. Property. Prior to or simultaneously with Buyer's execution of this Agreement, Buyer has executed and intends to deliver a Purchase Agreement to Two S Properties, Inc., providing for the purchase of .the Lewis Property in lieu of exercising its power of eminent domain. Buyer reserves_ the right, in its sole and absolute discretion, to cease, abandon, terminate or withdraw all efforts to acquire the Lewis Property. Nothing contained in this Agreement or any actions taken or statements made by Buyer shall in any manner obligate or require Buyer to acquire the Lewis Property and Buyer shall have no liability to Seller pursuant to this Agreement in the event that Buyer does not acquire the Lewis Property. . 3.7 Tax Increment Financing. At or prior to the Closing, the Buyer has issued obligations 'pursuant to the Minnesota Statutes, Section 469.17 subdivision 2, for the purpose, among other things, of paying the Purchase Price. 3.8 Environmental. If there is present at the Real Property certain Hazardous Substances, petroleum contamination, agricultural chemicals and /or other environmental conditions such that the Real Property would be eligible for the Minnesota Pollution Control Agency (MPCA) Voluntary Petroleum Investigation and Cleanup (VPIC) Program established under Minn. Stat. ch. 115C, the MPCA Voluntary Investigation and Cleanup (VIC) Program established under Minn. Stat. ch. 115B and /or assurances from the Minnesota Department of Agriculture (MCA), as an additional condition to Closing, Buyer shall have obtained prior to the Closing Date, for the behalf of Buyer and its successors and assigns, at Buyer's sole cost and expense, written determinations from the VIC and VPIC programs and the MDA providing Buyer and its successors and assigns with such assurances of non - liability with respect to the presence of any Hazardous Substances, petroleum contamination or agricultural chemicals or other environmental conditions located on, under, or about; migrating to or from; or otherwise affecting the Real Property that are identified prior to Closing Date, provided that said determinations from the VIC and VPIC programs and the MDA must be satisfactory to Buyer, in its sole discretion, in their form, scope and content. -4- If the contingency set forth in Section 3.4 above has not been satisfied on or before a date thirty (30) days after the date of this Agreement or if any of the other contingencies set forth above has not been satisfied on or before the Closing Date, then this Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller given not more than five days after the applicable date. Upon such termination, the Earnest Money shall be returned to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in Sections 3.1 through 3.8, inclusive, of this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer shall have the right to unilaterally waive any contingency by written notice to Seller. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur on the same day Buyer acquires fee simple title to .the Lewis Property or on such earlier date (other than a Saturday, Sunday or holiday) designated in a written notice from Seller to Buyer given not less than ten (10) days prior to such designated date (the "Closing Date "); provided, however, that in the event Buyer has not acquired the fee simple title to the Lewis Property or designated the Closing Date in a written notice to Seller as provided above by December 31, 1997 or if Buyer has abandoned all efforts to acquire fee simple title to the Lewis Property as evidenced by a resolution adopted by Buyer, either party to this Agreement may terminate this Agreement by giving written notice of such termination to the other party to this Agreement. Upon such termination, the Earnest Money shall be returned to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. The Closing shall take place at 9:00 a.m. local time at the office of Dorsey & Whitney in Minneapolis, Minnesota or at such other time and place as may be agreed to by Buyer and Seller. 4.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents "), all in form and content reasonably satisfactory to Buyer: 4.1.1 Deed. A Warranty Deed, conveying the Real Property to Buyer, free and clear of all encumbrances' except the Permitted Encumbrances hereafter defined. 4.1.2 Assignment of Lewis Contract. An Assignment of the Lewis Contract, conveying the Lewis Contract to Buyer, free and clear of all encumbrances, together with the consent of all parties having a right to consent to such Assignment. In the event that Buyer has not acquired the Lewis Property prior to the Closing, -5- Buyer shall agree to assume and perform all of Seller's obligations under the Lewis Contract. 4.1.3 Bring -down Certificate. The Bring -down Certificate. 4.1.4 Seller's Affidavit. An Affidavit of Title by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and that, other than the Lewis Contract, there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit and /or documents, resolutions and certificates which may be required by Title to issue an Owner's Policy. of Title Insurance with the standard exceptions waived. 4.1.5 , Original Documents. Original copies of the Lewis Contract. 4.1.6 FIRPTA Affidavit. A non - foreign affidavit, properly executed, ,containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. 4..1.7 IRS. Form. A Designation Agreement designating the "reporting person" for purposes of completing Internal Revenue Form 1099 and, if applicable, Internal Revenue Form 8594. 4.1.8 Well Certificate. A Certificate signed by Seller warranting that there are no "Wells" on the Property within the meaning of Minn. Stat. § 103I or if there are "Wells ", a Well Certificate in the form required by law. 4.1.9 Storage Tanks and Indemnification. An affidavit with. respect to any storage .tank in, on or under the Real Property, as required by Minn. Stat. § 116.48 and the Indemnification Agreement attached hereto as Exhibit E. 4.1.10 ACM Mater_ ials. Copies of all records required to be kept concerning the presence, location and quantity of asbestos containing materials and .presumed asbestos containing materials in the Property. , W-2 4.1.11 Other Documents. All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 4.2 Lase. On the .Closing Date, Seller and Buyer shall each execute and deliver to the other the Lease (the "Lease ") attached hereto as Exhibit D and made a part hereof. The term of the Lease shall commence on the Closing Date. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence and the fees charged by Title for any escrow required regarding Buyer's Objections. Buyer will pay all premiums required for the issuance of the ALTA Form B 1990 Owner's Title Policy required by Buyer. Seller and Buyer will each pay one -half of any reasonable and customary closing fee or charge imposed by any closing agent designated by the Title Company. 5.2 Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed to be delivered by Seller under this Agreement. 5.3 Real Estate Taxes and Special Assessments. Seller will pay, on or before .the Closing Date, all special assessments levied, pending or constituting a lien against the Real Property as of the date of this Agreement including without limitation any installments of special assessments including interest payable with general real estate taxes payable in the calendar year in which the Closing occurs. General real estate taxes payable in all years prior to the calendar year in which the Closing occurs will be paid by Seller. General real estate taxes payable in the calendar year in which the Closing occurs shall be prorated between Buyer and Seller as of the Closing Date on a calendar year basis; provided, however, that this proration does-not affect Seller's obligation for real estate taxes and special assessments under the Lease. 5.4 Recording Costs. Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. -7- 5.5 Other Costs. All operating costs of the Property incurred before the Closing Date will be paid by Seller directly, and during the term of the Lease will be paid by Seller pursuant to the terms of the Lease. 5.6 1 Att�y's Fees.. Each of the parties.will pay its own attorneys fees, except that a party defaulting under this Agreement.or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. 6. Title Examination. Title Examination will be conducted as follows: 6.1 Seller's Title Evidence. Seller shall, within twenty (20) days after the date of this Agreement, furnish the following (collectively, "Title Evidence ") to Buyer: 6.1.1 Title Insurance Commitment. A commitment ( "Title Commitment ") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by a title insurance company selected by Buyer ( "Title "). The Title Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. If the Property is abstract property, Seller shall also deliver to Title or Buyer an Abstract of Title to the Real Property. Said Abstract of Title shall be certified to a date and include all searches required by Title in order to issue the above described Owner's Policy of Title Insurance. 6.2 Buyer's Objections. Within twenty (20) days after receiving the last of the Title Evidence, Buyer will make written objections ( "Objections ") to the form and /or.contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute waiver of the Objections. Any matter shown on such Title Evidence and not objected to by Buyer. shall be a "Permitted Encumbrance': hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed if necessary. Seller shall use reasonable efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to the satisfaction of such Objection and the amount so applied shall so reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 60 day period, Buyer will have the option to do any of the following: 6.2.1 Terminate this Agreement and receive a refund of the Earnest Money. 6.2.2 If the Objections are the result of any act or omission of the Seller, withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the -parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow, 6.2.3 If the Objections are not the result of any act or omission of the Seller, withhold from the Purchase Price an amount not to exceed $10,000 which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within ninety (90) days after such escrow is established, Buyer may then cure such Objections and charge the costs of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow, 6.2.4 Waive the objections and proceed to close. 7. Operation Prior to Closing. During the period from the date of Seller's acceptance of this Agreement to the Closing Date (the "Executory Period "), Seller shall maintain adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, Seller shall execute no contracts, leases, amendments or other agreements regarding the ownership or occupancy of the WE Property during the Executory Period without the written consent of Buyer, which consent may be withheld by Buyer at its sole discretion. 8. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 8.1 Title to Real Propel Seller owns the Property, free and clear of all encumbrances except the encumbrances identified on Exhibit C attached hereto. The encumbrances identified on the attached Exhibit C are herein referred to as the "Permitted Encumbrances ". Buyer acknowledges, that there is no apparent access to a public road except for the access provided by the 16 foot wide private roadway easement in favor of Lot 2, Block 1, Wanner Addition over part of the Lewis Property as set forth in Book 1703 of Deeds, Page 431, County Recorder Document No. 2419555, as shown on the Certificate of Title covering the Lewis Property. 8.2 Corporation; Authority. Seller is duly incorporated and is in good standing under the laws of the State of Minnesota; Seller is duly qualified to transact business in the State of Minnesota; Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Seller's Closing Documents to be signed by it; such documents will be duly authorized by all necessary corporate action on the part of Seller and will be duly executed and delivered; such execution, delivery and performance by Seller of such documents does not conflict with or result in a violation of Seller's Articles of Incorporation or Bylaws, or any judgment, order, or decree of any court or arbiter to which Seller is a party; and upon such authorization, execution and delivery such documents will be. valid and binding obligations of Seller, and will be enforceable in accordance with their terms. 8.3 Contracts. Seller has made available to Buyer a correct and complete copy of the Lewis Contract. Buyer acknowledges that the Lewis Contract is the subject of litigation between Seller and Lewis in Hennepin County District Court, Court File No.: 97- 04953, Seller having brought an action seeking specific performance of the Lewis Contract and Lewis having brought several counterclaims, among them one seeking a declaratory judgment to the effect that the Lewis Contract has been terminated. Except for the Lewis Contract, Seller is, .a party to no contracts, agreements or leases, oral or written, regarding ownership or possession of the Real Property. -10- 8.4 Environmental Laws. Except for the belief by Seller that the floor tile in the Building contains asbestos, to the best of Seller's knowledge, no toxic or hazardous substances or wastes, pollutants or contaminants, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such. products, and any hazardous substance as defined in any Environmental Law, (collectively, "Hazardous Substances ") have been generated, treated, stored; transferred from; released or disposed of, or otherwise placed, deposited in or located on the Property in violation of any Environmental Law, nor has any activity been undertaken on the Property that would cause or contribute to the Property becoming a treatment, storage or disposal facility within the meaning of any Environmental Law. The term "Environmental Law" shall mean any and all federal, state and local laws, statutes, codes, ordinances, regulations, rules, policies, consent decrees, judicial orders, administrative orders or other requirements relating to the environment or to human health or safety associated with the environment as currently in effect. To the best of Seller's knowledge, except as set forth in Section 8.11 of this Agreement, there has been no discharge, release or, threatened release of Hazardous Substances from the Property, and there are no Hazardous Substances or conditions in or on the Property that may support a claim or cause of action under any Environmental Law. The Property is not now, and to the best of Seller's knowledge never has been, listed on any list of sites contaminated with Hazardous Substances; nor used as landfill, dump, disposal or storage site for Hazardous Substances. Seller has maintained all records required to be kept concerning the presence, location and quantity of asbestos containing materials, and presumed asbestos containing materials,, in the Property and will deliver the same to Buyer on or before closing. 8.5 Rights of Others to Purchase Propel Except for the Lewis Contract, Seller has not entered into any contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. 8.6 Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. Claims by Lewis or Lewis' successors and assigns relating to the Lewis Contract are excluded from the warranty in this Section 8.6. 11- 8.7 FIRPTA. Seller 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. 8.8 Proceedings. Except for the litigation relating to the Lewis Contract described in Section 8.3 of this Agreement and a pending condemnation of the Property by Buyer, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or to Seller's knowledge threatened against Seller or any portion of the Property. 8.9 Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the Property arising out of the actions or agreements of Seller, which will survive and remain unpaid after the Date of Closing. 8.10 Wells. The Seller certifies and warrants that the Seller does not know of any "Wells" on the described Property within the meaning of Minn. Stat. § 103I.. This representation is intended to satisfy the requirements of that statute. 8.11 Storage Tanks. To Seller's knowledge, no above ground or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled, other than as follows: There currently are two (2) above ground storage tanks and one (1) underground storage tank located on the Real Property which contain fuel oil which ' is used to heat the Building. The above ground storage tanks were installed at the time the underground storage tank described below was removed. One (1) approximately 8,000 gallon underground storage tank was removed from the Real Property in 1996. It was used to store fuel oil which was used to heat the Building. Soil contamination was discovered at the time the tank was removed and the contamination was reported to the Minnesota Pollution Control Agency ( "MPCA "), Site ID #LEAK0009491. The MPCA issued a letter to Seller dated May 13, 1997, closing its file with respect to the site. -12- The above described storage tanks have been duly registered with all appropriate regulatory and governmental bodies and to Seller's knowledge otherwise are in compliance with applicable Federal, state and local statutes, regulations, ordinances and other regulatory requirements. Seller shall remove all fuel or other substances from the above. described storage tanks prior to the termination of the Lease. 8.12 Reports. Seller has delivered to Buyer copies of all environmental reports and studies relating to the Real Property which are in the possession of Seller. 8.13 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55 Sellers represents that there is no "individual sewage treatment system" (within the meaning of that statute) on or serving the Property. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Buyer incurs because of the breach of any, of the above representations and warranties, whether such breach is discovered before or after Closing. Consummation of this Agreement by Buyer with knowledge of any such breach by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. Events occurring or knowledge acquired by Seller after the execution of this Agreement shall not constitute a breach by Seller of the foregoing warranties if Seller shall disclose such events or knowledge to Buyer prior to Closing. 9. Damage. If, prior to the Closing, all or any part of the Real Property is damaged by fire, casualty, the elements or any other cause, Seller, shall immediately give notice to Buyer of such fact and Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. 10. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorney's fees. -13- 11. Indemnification. Seller shall indemnify and hold Buyer harmless from all liabilities (including reasonable attorneys' fees in defending against claims) arising out of claims by third parties relating to acts or occurrences on, at or with respect to the Property which occur on or before the actual Date of Closing. Claims by Lewis, or Lewis' successors and assigns relating to the Lewis Contract are excluded from the foregoing indemnification. 12. Assignment. Seller may not assign its rights under this Agreement without the prior written consent of Buyer. 13. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 14. Notices. Any notice required or permitted hereunder shall be given to Seller by personal delivery to Walter Kunz and shall be given to Buyer by personal delivery to either the City Manager or Assistant City Manager of the City of Edina; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: The Kunz Oil Company 5200 Eden Circle Edina, Minnesota 55424 Attention: Walter Kunz Fax #: 920 -7177. If to Buyer: Housing and Redevelopment Authority of Edina, Minnesota 4801 West 50th Street Edina, Minnesota 55424 Attn: Executive Director Fax #: 927 -7745 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days prior to, the effective date of such change. 15. "As Is" Purchase. Buyer acknowledges that except for those representations and warranties of Seller expressly contained in this Agreement, it is not relying on any representation or warranty by or on behalf of. Seller in entering -14- into this Agreement, including, without limitation, as to the physical condition of the Real Property and is purchasing the Real Property based on its own investigations in its "as is" conditions "with all of its faults ". 16. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 17. Entire Agreement: Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 18. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 19. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 20. Remedies. If Buyer defaults in its obligation to close under this Agreement, Seller shall have the right to terminate this Agreement pursuant to Minnesota Statute Section 559.21, and upon such termination Seller will retain the Earnest Money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Agreement, this I rovision does not preclude Buyer from seeking and recovering from Seller damages for nonperformance or specific performance of this Agreement. 21. Counterparts. This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. 22. Seller's Contingency. In the event a judgment has not been issued with respect to the litigation relating to the Lewis Contract described in Section 8.3 of this Agreement nor -has such litigation been settled, dismissed or otherwise terminated, and if, in Seller's reasonable judgment, Seller might be materially adversely affected with respect to such litigation if Seller were to close under this Agreement, the obligation of Seller to close under this Agreement shall be contingent upon Buyer having acquired fee simple title to the Lewis Property. If Seller's obligation to close under this Agreement is contingent upon Buyer having acquired fee simple title to the Lewis Property and if such contingency has not been satisfied on or before the Closing Date, then this Agreement may be terminated, at -15- Seller's option by written notice from Seller to Buyer given not more than five (5) days after the Closing Date. Upon such termination, the Earnest Money shall be returned to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. The foregoing contingency is specifically stated and agreed to be for the sole and exclusive benefit of Seller and . Seller shall have the right to unilaterally waive such contingency by written notice to Buyer. Seller and Buyer have executed this ,Agreement as of the date first written above. THE KUNZ OIL COMPANY By Its. And . By Its HOUSING AND REDEVELOPMENT AUTHORITY OF, EDINA, MINNESOTA By _ Its And By Its -16- EXHIBIT A. - Real Property Description EXHIBIT B ` - ' Lewis Property EXHIBIT C - Encumbrances EXHIBIT D - Lease EXHIBIT E - Indemnification Agreement: EXHIBIT F - Amended And Restated Land Exchange And Purchase Agreement EXHIBIT A Lot 2, Block 1, Wanner Addition, according to the map or plat thereof on file and of record in the. office of the Register of Deeds in and for said Hennepin County, subject to an easement for roadway purposes over and across the South 25 feet of said Lot 2, and together with an easement for roadway purposes over and across the North 25 feet of Lot 3, Block 1 of said Wanner Addition; also together with an easement for road purposes over a strip of land 16 feet in width being 8 feet on each side of the following described line: Commencing at a point on the south line of Eden Prairie Road 358 feet due East from the West line of said Government Lot 8; thence South and parallel with the west line of said Government Lot 8 to a point which is 612.9 feet North of the South line of said Lot 8; thence west at right angles to east line of premises first above described. That part of Lot 1, Block 1 of said Wanner Addition described as follows: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot. l a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of . said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line to said Lot 1 to the point of beginning. That part of Government Lot 8, Section 28, Township 117 North, Range 21 West, Hennepin County,, Minnesota, described as follows: Beginning at a point located on a line drawn between the following described points; Point 1 located on a line parallel with and distant 221.8 feet East of the West line of said Government Lot 8, which point is distant South 259.4 feet from the Intersection of the center line of Eden Prairie Road and said line; and Point 2 located on the South line of said Government Lot 8, 246.8 feet East of the Southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the South line of said Government Lot 8; thence Northerly along said drawn line 25 feet; thence Easterly and at right angles a distance of 90 feet; thence Southerly and parallel with said drawn line 25 feet; thence Westerly and at right angles to point of beginning. EXHIBIT B Legal Description: That part of Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota ", lying North of the South 6 feet of said Lot 1, according to the recorded plat thereof. AND That part of Lot 1, Block 1, Wanner Addition, lying Northerly of a line described as beginning at a point on the East line of said Lot 1, distant 23.4 feet Northerly from the Southeast corner of said Lot 1, thence Westerly parallel with the South line of said Lot 1 a distance of 101 feet; thence Southerly parallel with said East line of Lot 1 a distance of 22.4 feet; thence Westerly parallel with said South line of Lot 1 to the West line of said Lot 1 and there terminating, according to the recorded plat thereof, Hennepin County, Minnesota. AND That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, Wanner Addition, thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1, thence Westerly parallel with the North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. EXMBIT C 1. Easement for roadway purposes over and across the South 25 feet as contained in Warranty Deed dated December 12, 1955, filed December 28, 1955, in Book 2074 of Deeds, Page 493. 2. Easement for utility and drainage purposes in favor of the City of Edina dated July 6, 1965, filed September 9, 1965 in Book 2509 of Deeds, Page 619 as Document No. 3561767. 3. Easement for utility and drainage purposes in favor of the City of Edina dated May 12, 1966, filed July 12, 1966 as Document No. 3613175. TABLE OF CONTENTS EaZe 1. DEFINITIONS ........................ ............................... 1 2. DEMISE; TITLE; CONDITION .......... ............................... 3 3. TERM ............................... ............................... 4 4. RENT ............................... ............................... 4 5. USE .......... .......... ................... .................. 5 6.. NET LEASE ............. ............................... ....... 6 7. TAXES AND OTHER CHARGES; LAW AND AGREEMENTS ........... 6 8.' LIENS ....................... ......... .... ......... ....... 8 9. INDEMNIFICATION; FEES AND EXPENSES .......................... 9 10. ENVIRONMENTAL MATTERS ....... ............................... 9 11. MAINTENANCE AND REPAIR ...... ............................... 11 12. ALTERATIONS, ADDITIONS AND CONSTRUCTION BY TENANT ... 11 13. CONDEMNATION AND CASUALTY . ................... .I........... 11 14. INSURANCE ...................................................... 12 15.. QUIET ENJOYMENT ................ ............................... 14 16.. (Intentionally Omitted) . .............. ............................... 14 17. SUBLETTING; ASSIGNMENT ........ ............................... 14 18. ADVANCES BY LANDLORD ......... ............................... 14 19. CONDITIONAL LIMITATIONS -- EVENTS OF DEFAULT AND REMEDIES.......................... ............................... 15 -i- 20. NOTICES ........................... ............................... 18 21. SURRENDER ....................... ............................... 19 22. SEPARABILITY ..................... ............................... 19 23. BINDING EFFECT ................... ............................... 19 24. NATURE OF LANDLORD'S OBLIGATIONS .......................... 19 25. RECORDING OF LEASE .............. ............................... 20 26. MISCELLANEOUS .................. ............................... 20 EXHIBIT A DESCRIPTION OF LEASED PROPERTY EXHIBIT B PERMITTED ENCUMBRANCES -ii- LEASE THIS LEASE dated as of , 199J between Housing and Redevelopment Authority of Edina, Minnesota, ( "Landlord "), a body politic and corporate under the laws of Minnesota, and The Kunz Oil Company ( "Tenant "), a Minnesota corporation. IN CONSIDERATION of the mutual covenants and agreements herein contained and intending to be legally bound, Landlord and Tenant covenant and agree as follows: 1. DEFINITIONS: As used in this Lease the following terms have the meanings set forth below: "Additional Rent" shall have the meaning given to that term in paragraph (f) of Article 4 hereof. "Assessments" shall have the meaning given to that term in paragraph (a) of Article 7 hereof. "Bankruptcy Act" shall mean Title 11 of the United States Code and any other Federal insolvency or similar law, now or hereafter in effect. "Business Day" shall mean any day except Saturdays, Sundays and the days observed by the City of Edina as public. holidays. "casualty" shall have the meaning given to that term in paragraph (a) of. Article 13 hereof. "Commencement Date" shall have the meaning given to that term in Article 3 hereof. "Condemnation" shall have the meaning given to that term in paragraph (a) of Article 13 hereof. "Environmental Laws" shall mean and include the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984, the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act and all applicable federal, state and local environmental laws, ordinances, rules, regulations and publications, as any of the foregoing may have been or may be from time to time amended, supplemented or supplanted, and any other federal, state or local laws, ordinances, rules, regulations and publications, now or hereafter existing relating to regulation or control of toxic or hazardous substances or.materials. "Equipment" shall have the meaning given to that term in Article 2 hereof. "event of default" shall have the meaning given that term in paragraph (a) of Article 19 hereof. "Expiration Date" shall have the meaning,given that term in Article 3 hereof. "Hazardous Substance" shall mean and include any, each and all substances or materials regulated pursuant to any Environmental Laws, including, but not limited to any such substance, emission or material now or hereafter defined as or deemed to be a "regulated substance ", "hazardous substance ", "toxic substance ", "pesticide ", "hazardous waste" or, any similar or like classification or categorization, thereunder. 2 hereof. "Improvements" shall have the meaning given to that term in Article "Land" shall have the meaning given to that term in Article 2 hereof. "Late Charge" shall have the meaning given to that term in paragraph (e) of Article 4 hereof. "Leased Property" shall have the meaning given to that term in Article 2 hereof. "Monthly Base Rent" shall mean the monthly rent payable under paragraph (bYof Article 4. "Overdue Interest Rate" shall have the meaning given to that term in Article 18 hereof. "Permitted Encumbrances" shall mean, with respect to the Leased Property: (a) rights reserved to or vested in any public authority by the terms of any right, power, franchise, grant; license, permit or provision of law affecting the Leased Property, to (i) terminate such right, power, franchise, license or permit, provided that the exercise of such right would not materially impair the.use of the Leased Property or materially and adversely affect the value thereof, or (ii) purchase, condemn, appropriate or recapture, or designate a purchaser of, the Leased Property -2- or any portion thereof; (b) any liens thereon for taxes, assessments, fees and other governmental and similar charges referred to in Article 7 of this Lease, and any liens of mechanics, materialmen and laborers for work or services performed or' material furnished in connection with the Leased Property; (c) easements, rights -of -way, servitudes, restrictions and minor defects, encumbrances and irregularities in the title to the Leased Property; (d) rights reserved to or vested in any public authority to control or regulate or use the Leased Property, which rights do not materially impair the use of the Leased Property; and (e) all matters affecting title existing on the date of this Lease as set forth in Exhibit B hereto. "Term" of this Lease shall have the meaning given that term in Article 3 hereof. 2. DEMISE; TITLE; CONDITION: Landlord hereby demises, leases and rents to- Tenant, and Tenant hereby leases, hires and rents from Landlord, upon and subject to the terms, . covenants, conditions and limitations hereinafter set forth, for the Term of. this Lease, that certain parcels of land (the "Land ") described in Exhibit A annexed hereto, together with all buildings, structures and improvements (the "Improvements ") on the Land and all easements and appurtenances thereto, and all other facilities, fixtures, machinery, apparatus, installations, equipment and other property used in connection with the maintenance and operation of the Improvements owned by. the Landlord, located on the Land and used or procured for use in connection with the Improvements (collectively the "Equipment ") (the Land, the Improvements and the Equipment are hereinafter, referred to individually or collectively from time to time as the context requires as the "Leased Property "). The Leased Property is demised and let without representation or warranty by Landlord, subject to (a) Permitted Encumbrances, (b) the state of the title thereto existing on the date of this Lease, (c) any state of facts which an accurate survey or physical inspection might show, and (d) all applicable laws, rules, regulations, ordinances and restrictions now in effect. Tenant has examined the Leased Property, and Landlord's title thereto, and has found the same to be satisfactory. Tenant acknowledges that Tenant is fully familiar with the physical condition of the Leased Premises and that Landlord makes no representation or warranty, express or implied, with respect to same or the location, use, description, design, merchantability, fitness for use for a particular purpose, condition .or durability thereof, or as to quality of the material or workmanship therein, or as to Landlord's title thereto or ownership thereof, or otherwise; and all risks incidental to the Leased Property shall be borne by Tenant. Landlord leases and Tenant accepts the Leased Property as is with all faults and in the event of any defect or deficiency of -3- any nature in the Leased Property or any fixture or other item constituting a portion thereof, whether patent or latent, neither Landlord nor Landlord's mortgagee shall have any responsibility or liability with respect thereto. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN NEGOTIATED AND ARE INTENDED TO BE A COMPLETE EXCLUSION AND NEGATION BY LANDLORD OF, AND LANDLORD DOES HEREBY DISCLAIM ANY AND ALL WARRANTIES BY LANDLORD EXPRESS OR IMPLIED,, WITH RESPECT TO THE LEASED PROPERTY OR ANY FIXTURE OR OTHER ITEM CONSTITUTING A PORTION THEREOF, WHETHER ARISING PURSUANT TO THE UNIFORM COMMERCIAL COD_ E OR ANY OTHER LAW NOW OR HEREAFTER- IN EFFECT' OR OTHERWISE. 3. - TERM: Subject to the provisions hereof, Tenant shall have and hold the Leased Property for a term (the "Term ") which shall begin on the date of this Lease (the "Commencement Date ") and end on the date this Lease shall be terminated as provided in this Lease (the "Expiration Date "). Tenant shall have the right to terminate this Lease at any time by giving Landlord not less than thirty (30) days advance written notice specifying the date of such termination. Landlord shall have the right to terminate this Lease at any time after the first six (6) months of the Term of this Lease by giving Tenant not less than sixty (60) days advance written notice specifying the date of such termination. 4. RENT: (a) Tenant shall pay to Landlord all Monthly Base Rent and Additional Rent in funds immediately available to Landlord in currency of the United States of America as at the time of payment shall be legal tender for the payment of public or private debts, at Landlord's address set forth above, or to such other party or parties at such other place or places as Landlord may from time to time designate. (b) During the Term of this Lease, Tenant shall pay to Landlord monthly rent ( "Monthly Base Rent ") in the amount of Six Thousand Two Hundred Eighteen and 75 /100ths Dollars ($6,218.75). (c) Tenant shall pay to Landlord Monthly Base Rent monthly in advance on the Commencement Date and on the first day of each calendar month. thereafter. If the initial or final month of the Term of this Lease is less than a calendar month, Monthly Base Rent for such partial month shall be prorated at the rate of one - thirtieth of the Monthly Base Rent for each day, payable in advance. -4- (d) If any Installment Payment Date falls on a day which is not a Business Day, Monthly Base Rent shall be due and payable on the next succeeding Business Day without interest or penalty if paid on such Business Day. (e) If Tenant shall fail to make any payment of Monthly Base Rent or Additional Rent (as hereinafter defined) in the amount and within ,five (5) days of the date provided for herein, a late charge of two percent (2 %) of the amount of the late payment (the "Late Charge ") shall automatically become . due without any requirement of notice. from Landlord. The Late Charge may be assessed only once on each overdue payment.. In addition to the Late Charge, if Tenant shall fail to make any such payment within ten (10) Business Days after notice from Landlord, Tenant shall be liable for interest on such late payment at the Overdue Interest Rate from the date such payment was due to the date such payment was received. (f) All amounts which Tenant is required to pay or discharge pursuant to this Lease in addition to Monthly .Base Rent, together with any interest or penalty which may be added for late payment thereof, shall constitute additional rent hereunder ( "Additional Rent "). In the event of any failure by Tenant to pay or discharge any such amount, Landlord shall have all rights, powers and remedies provided for herein or by law or otherwise in the case of nonpayment of Monthly Base Rent. Tenant may pay Additional Rent directly to the person or entity entitled thereto. 5. USE: (a) Tenant will not use or allow the Leased Property or any part thereof to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy or certificate of compliance covering or affecting the use of the Leased Property or any part ,thereof and will not suffer any act to be. done or any condition to exist on the Leased Property or any part thereof or any article to be brought thereon, which ,may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance then in force with respect thereto. Tenant will not do or suffer any waste or damage, disfigurement or injury to the Leased Property or any part thereof. (b) Tenant shall not suffer or permit the Leased Property, or any portion thereof, to be used by the public, as such, without restriction or in such manner as might reasonably tend to impair Landlord's title to the Leased Property or any portion thereof, or in such manner as might reasonably make possible a claim or claims of adverse usage or adverse possession by the public, as such, or of implied dedication of the Leased Property or any portion thereof. -5- (c) Except for the signs on the Leased Property on the date of this Lease, Tenant shall not erect, install or affix signs on or about the Leased Property, without Landlord's prior written consent. 6. NET LEASE: (a) This Lease is a "net lease" and Tenant's obligations to pay all Monthly Base Rent, Additional Rent, and all other payments hereunder required to be made by Tenant shall be absolute and unconditional, and Tenant shall pay all Monthly Base Rent, Additional Rent and all other payments hereunder required to be made by Tenant without notice, demand, counterclaim, set -off, deduction, or defense, and without abatement, suspension, deferment, diminution or reduction, free from any charges, assessments, impositions, expenses or deductions of any and every kind or nature whatsoever. All costs, expenses and obligations of every kind and nature whatsoever relating to the Leased Property and the appurtenances thereto and the use and occupancy thereof which may arise or become due and payable with respect to the period constituting the term hereof (whether or not the same shall become payable during such term or thereafter) shall be paid by Tenant, and Landlord shall be indemnified, defended and saved harmless by Tenant from and against the same other than by reason of Landlord's willful misconduct or gross negligence. Tenant assumes the sole responsibility for the condition, use, operation, maintenance, underletting and management of the Leased Property, and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability, costs, damages, losses and claims (including attorneys' fees and expenses) in respect thereof, and Landlord shall have no responsibility in respect thereof and shall have no liability for damage to the property of Tenant or any subtenant of Tenant on any account or for any reason whatsoever other than by reason of Landlord's willful misconduct or negligence. 7. TAXES AND OTHER CHARGES; LAW AND AGREEMENTS: (a) Tenant shall pay and discharge, not later than the last day upon which the same may be paid without interest or penalty, all taxes, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and any interest and penalties thereon, which are levied or assessed and become due and payable during the Term of this Lease, (the "Assessments "), (including all of the taxes, assessments, levies, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet due and payable) against (i) Landlord and which relate to Landlord's ownership of the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) the Leased Property or the interest of Tenant or Landlord therein, (iii) Monthly Base Rent, Additional Rent or any other amount payable by Tenant hereunder, (iv) this Lease or the interest of Tenant or Landlord hereunder, (v) the use, occupancy, 0 construction, repair or rebuilding of the Leased Property or any portion thereof, or NO gross receipts from the Leased Property. If any Assessments levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such Assessments in installments. Tenant shall furnish to Landlord promptly, and in any event within thirty (30) days after the date of payment thereof, proof of the payment of any Assessments which are payable by Tenant. . (b) Tenant shall pay all charges for utility, communication and other services rendered or used on or about the Leased Property during the Term of this Lease, whether or not payment therefor shall become due after the Term of this Lease. (c) Tenant shall at all times during the Term of this Lease, at Tenant's own cost and expenses, perform and comply in all material respects with all laws, rules, orders, ordinances, regulations and requirements now or hereafter enacted or promulgated, of every government and municipality having jurisdiction over the Leased Property and of any agency thereof, relating. to the Leased Property, or the Improvements, or the facilities or equipment thereon or therein, or the streets, sidewalks, vaults, vault spaces, curbs and gutters adjoining the Leased Property, or the appurtenances to the Leased Property, or the franchises and privileges connected therewith, whether or not such laws, rules, orders, ordinances, regulations or requirements so involved shall necessitate structural changes, improvements, interference with use and enjoyment of the Leased Property, replacements or repairs, extraordinary as well as ordinary, and Tenant shall so perform and comply, whether or not such laws, rules, orders, ordinances, regulations or requirements shall now exist or shall hereafter be enacted or promulgated, and whether or not such laws, rules, orders, ordinances, regulations or requirements can be said to be within the present contemplation of the parties hereto. If Tenant receives any notice that Tenant or the Leased Property is in material default under or is not in compliance with any of the foregoing, or notice of any proceeding initiated under or with respect to any of the foregoing, Tenant will promptly furnish a copy of such notice to Landlord. Tenant, in lieu of such compliance, may, at its,option, terminate this Lease pursuant to Section 3 hereof, in which event, Tenant will have no further obligations under this subparagraph. (d) Tenant shall have the right before any delinquency occurs to contest, by appropriate proceedings, any tax, charge, levy, assessment, lien or other encumbrance, and /or any law, rule, order, ordinance, regulation or other governmental requirement affecting the Leased Property, including but not limited to, any lien, security interest or encumbrance described in Article 8 hereof, and to postpone payment of or compliance with the same during the pendency of such contest, provided that in the event of such postponement or payment or noncompliance: (i) Tenant has given prior written notice to Landlord of Tenant's -7- intent to so contest; (ii) Tenant shall not postpone the payment of any such tax, charge, levy, assessment, lien or other encumbrance for such length of time as shall permit the Leased Property, or any lien thereon created by such' item being contested, to be sold by federal; state, county or municipal authority for the non - payment thereof; (iii) Tenant shall not postpone compliance with any such law, rule, order, ordinance, regulation or other governmental requirement if Landlord will thereby be subject to civil liability or criminal. prosecution, or if any municipal or other governmental authority shall commence a process according to applicable law to carry out any work to comply with the same or to foreclose or sell any lien affecting all or part of the Leased Property which shall have arisen by reason of such postponement or failure of compliance; and (iv) Tenant shall pay, in' a timely fashion, all Monthly Base Rent and Additional Rent (other than any item of Additional Rent that Tenant is permitted to contest pursuant to this Lease, so long as Tenant satisfies all of the requirements of this Lease relating to such contest) which shall become due and payable under this Lease. (e) Notwithstanding anything in this Lease to the contrary, in the event this Lease is terminated pursuant to Section 3 of this Lease on or before June 30 of a calendar year, the real estate taxes with respect to the Leased Property payable in the calendar in which such termination occurs shall be prorated between Landlord and Tenant as of the date this Lease terminates on a calendar year basis. Notwithstanding anything in this Lease to the contrary, in the event this Lease is terminated pursuant to Section 3 of this Lease on or after July 1 of a calendar year, the real estate taxes with respect to the Leased Property payable in the calendar year in which such termination occurs shall be divided by the number of calendar days in such calendar year (the resulting. quotient being hereinafter referred to as the "Daily Tax Amount ") and Tenant shall pay in full that portion of said real estate taxes equal to the product of the Daily Tax Amount multiplied by the number of calendar days of said calendar year in the Term of this Lease and in addition, Tenant shall pay eighty -seven percent (87 %) of the then portion of said real estate taxes equal to the product of the Daily Tax Amount multiplied by the number of calendar days of said calendar year not in the Term of this Lease. Tenant shall not be required to pay`any portion of the real estate taxes with respect to the Leased Property payable in calendar years after the calendar year in which this Lease is terminated pursuant to Section 3 of this Lease. 8. LIENS: Tenant will promptly remove and discharge of record, by bond or otherwise, any charge, lien, security interest or encumbrance upon the Leased Property, or any Monthly Base Rent, or Additional Rent which arises for any reason, including all liens which arise out of the possession, use, occupancy, construction, repair or rebuilding of the Leased Property or by reason of labor or materials furnished or claimed to have been furnished to Tenant for the Leased Property, but in not including any Permitted Encumbrances. Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman, or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Leased Property or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Leased Property or any part thereof through or under Tenant, and that no mechanic's or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Leased Property. In the event of the failure of Tenant to discharge any charge, lien, security interest or encumbrance as aforesaid, Landlord may discharge such items by payment or bond or both, and Tenant will repay to Landlord, upon demand, any and all amounts paid by Landlord therefor, or by reason of any liability on such bond, and also any and all incidental expenses, including attorney's fees, incurred by Landlord in connection therewith. 9. INDEMNIFICATION; FEES AND EXPENSES: Tenant shall pay, and shall protect, defend, indemnify and hold Landlord harmless from and against all liabilities, losses, damages, costs, expenses - (including attorney's fees and expenses), claims,. demands or judgments of any nature arising from or in connection with the following events: (i) any injury to, or the death of, any person or any damage to or loss of property on the Leased Property or growing out of or directly or indirectly connected with the use, nonuse, occupancy, construction, repair or rebuilding of the Leased Property. (or adjoining property, to the extent that any loss or damage to adjoining property arises from or out of the Leased Property) occurring during the Term, or resulting from the, condition of any thereof, other than any injury, death, damage or loss arising out .of Landlord's willful misconduct or negligence; (ii) violation by Tenant of any provision of this Lease whether or not such violation results in a violation of any provision of any mortgage affecting Landlord's interest in the Leased Property, or of any law, rule, regulation, ordinance or restriction, now or hereafter in effect and affecting the Leased Property, or of any lease or other agreement relating to the Leased Property now or hereafter in effect to which Tenant is a.party or by which Tenant is bound, or of any agreement of which Tenant now has actual or constructive notice and which is now in effect, affecting the Leased Property or the ownership, use, nonuse, occupancy, construction, repair or rebuilding thereof. 10. ENVIRONMENTAL MATTERS: Tenant covenants that it (i) shall comply, and cause the Leased Property to comply, with all Environmental Laws, (ii) shall prohibit the use of the Leased Property for the generation, manufacture, refinement, production, or processing of In any Hazardous Substance or for the storage, handling, transfer or transportation of any Hazardous Substance other than (A) fuel oil to heat the Building stored in the existing storage tanks and (B) Hazardous Substances stored in the ordinary course of ,operating an auto parts supply business on the Leased Property, (iii) shall not install or permit the installation on the Leased . Property of any underground � storage tanks, surface impoundments or asbestos - containing materials and (iv) shall cause any alterations of the Leased Property to be done in a way so as to not expose persons working on or visiting the Leased Property to Hazardous Substances in excess of safety levels established by applicable federal, state or local governmental authorities and in connection with any such - alterations shall remove any Hazardous Substances present upon the Leased Property which are not in compliance with Environmental Laws or which are in excess of safety levels established by applicable federal, state or local governmental authorities. Immediately upon obtaining knowledge thereof, Tenant shall give to Landlord notice of the occurrence of any of the following events: (i) the failure of the Leased Property to comply with any Environmental Law in any manner whatsoever; (ii) the issuance to Tenant or any occupant of space in the Leased Property or any.assignee of Tenant of any notice, complaint or order of violation or non - compliance of any nature whatsoever with regard to the Leased Property or the use thereof with respect to Environmental Laws; or (iii) any notice of a pending or threatened investigation that Tenant's (or its tenants' or assignees') operations on the Leased Property are not in compliance with any Environmental Law. Tenant shall have the right to contest, by appropriate proceedings, any notice, complaint, order or finding of violation or non - compliance with any Environmental Laws affecting the Leased Property or any use thereof by Tenant or its tenants, provided the same will not thereby subject Landlord to civil liability or criminal prosecution or permit any municipal or other governmental authority to commence a process according to applicable law to carry out any work to comply with the same or to foreclose or sell any lien affecting all or any portion of the Leased Property which may arise in connection therewith. At any time that a notice, complaint, or order or finding of a violation or non - compliance with Environmental Laws shall have been issued with respect to the Leased Property, Landlord after consultation with Tenant may cause to be performed an environmental audit or risk assessment of the relevant portion of the Leased Property. Such an environmental audit or assessment shall be performed by an environmental consultant satisfactory to Landlord and shall include a review of the relevant uses of the Leased Property and compliance of the same with all Environmental Laws. All costs and expenses .incurred by Landlord in connection, with such environmental audit or assessment shall be paid by Tenant upon demand by Landlord. In addition, Landlord at its own expense may perform an environmental audit of all or any part of the Leased Property at any time on reasonable advance notice to Tenant. -10- Tenant agrees to indemnify and hold harmless Landlord and each and all of Landlord's council persons, employees, attorneys and agents (collectively called the "Indemnitees ") from and against any and all losses (including, without limitation, diminution in value of the Leased Property), liabilities (including, without. limitation, strict liability), suits, obligations, fines, damages, judgments, penalties, claims, charges, costs and expenses (including, without limitation, reasonable fees and disbursements of counsel and consultants for such Indemnitees), which may be suffered or incurred by, or asserted against, an Indemnitee and which arise directly or indirectly out of a violation of this Article 10 or arise directly or indirectly from the presence of Hazardous Substances on the Leased Property. The warranties and obligations of Tenant, and the rights and remedies of Landlord under this Section 10 are in addition to and not in limitation of any other warranties, obligations, rights and remedies provided in this. Lease or otherwise. at law or in equity and shall survive the termination of this Lease, either pursuant to the terms hereof or following an Event of Default, in accordance with Article 16 hereof. 11. MAINTENANCE AND REPAIR: Tenant will .not commit waste of the Leased Premises. Tenant, at its cost and expense,, may make such repairs as it deems necessary or desirable for its occupancy of the Leased Premises. Landlord shall not be required to maintain, alter, repair, rebuild or replace any Improvements on the Leased Property or. to maintain the Leased. Property, and Tenant expressly waives the right to make repairs at the expense of Landlord pursuant to any law at any time in effect. 12. ALTERATIONS, ADDITIONS AND CONSTRUCTION BY TENANT: Tenant shall not make any additions or improvements to or alterations of the Improvements on the Leased Property including, without limitation, the construction of new buildings and improvements ( "Additional Improvements ") without the prior written consent of Landlord. 13. CONDEMNATION AND CASUALTY: (a) Tenant hereby assigns to Landlord any award, compensation, insurance proceeds or other payment (including the proceeds of any self insurance) to which Tenant may become entitled by reason of its interest in the Leased Property, other than any insurance payment made to Tenant for interruption or loss of business, or for any inventory, machinery, equipment or other personal property belonging to Tenant, (hereinafter referred to as "Tenant's Loss ") by reason of (i) damage, or destruction of the Leased Property by fire or other casualty or cause (a -11- "casualty"), or (ii) by reason of any condemnation, requisition or other taking or sale of the use, occupancy or title to the Leased Property or any portion thereof in, by or on account of any actual or threatened eminent domain proceeding or other action by any governmental authority or other person having the power of eminent domain (a "Condemnation "). Tenant will promptly notify Landlord of the threat or pendency of a condemnation or the occurrence of a casualty. Tenant is hereby authorized and empowered, at its cost and expense, in the name and behalf of Landlord, or otherwise, to negotiate, accept and prosecute any claim, insurance proceeds on account of Tenant's Loss and receive and retain any insurance proceeds applicable thereto. (b) If, at any time during the Term of this Lease, the Leased Property has been damaged or destroyed by casualty, or any portion of the Leased Property has been taken by condemnation, and Tenant shall reasonably determine that the Leased Property is unsuitable for. continued use in Tenant's business, Tenant shall promptly notify Landlord of such event and may terminate this Lease in conformity with the requirements herein set forth except that the termination shall be effective as of the date the giving of such notice of termination is complete. If Tenant shall not give notice of its intention to terminate this Lease as to the Leased Property in accordance with this Lease, then this Lease shall continue in full force and effect. 14. INSURANCE: Tenant shall during the term hereof, at its cost and expense, maintain valid and enforceable insurance of the following character: (a) Tenant shall keep the Leased Property insured for the benefit of Landlord as follows: (i) against damage or loss by fire and such other hazards (including lightning, windstorm, hurricane; hail, explosion, riot, riot attending a strike, civil commotion, vandalism, malicious mischief, aircraft, vehicle and smoke) as are covered by the broadest form of extended coverage endorsement as is available from time to time, in an amount not less than the greater of (a) the full insurable value (as defined in subsection (f) of this Article 14) of the Improvements or (b) the amount sufficient to prevent Tenant from becoming a co- insurer, and in any event with a deductible not to exceed Ten Thousand Dollars ($10,000.00); (ii) against damage or loss from boilers, boiler tanks, heating and air conditioning equipment, pressure vessels, auxiliary piping and -12- similar apparatus, on such basis and in such amounts as shall be reasonably required by Landlord. (b) Tenant shall also procure and maintain comprehensive. general liability insurance covering Tenant, Landlord against claims for bodily injury or death or property damage occurring in, upon or about or resulting from the Leased Property, or any street, drive, sidewalk, curb.or passageway adjacent thereto, in standard form and with such insurance company or companies and in such amounts as may be acceptable to Landlord (but in no event in amounts of less than $2,000,000.00 per person, $2,000,000.00 per occurrence and $1,000,000.00 for property damage), which insurance shall include blanket contractual liability coverage which insures contractual, liability under the indemnification set forth in Article 9 hereof (but such coverage or the amount thereof shall in no way limit such indemnification). (c) All insurance required under this Article shall be fully paid for, nonassessable and the policies therefor shall contain such provisions, endorsements and expiration dates, as Landlord shall from time to time reasonably request, and shall be in such form and amounts, and be issued by such insurance companies doing business in the State of Minnesota. All such policies shall provide; that the same shall not be cancelled,. amended or materially altered (including by reduction in the scope or limits of coverage) without at least thirty (30) days' prior written notice to Landlord. (d) Tenant shall deliver to Landlord certificates evidencing the insurance required under this Article and any additional insurance on the Leased Property. Tenant shall also deliver to Landlord (i) receipts. evidencing payment of all premiums on such policies and (ii) certificates of any and all renewal policies with evidence satisfactory to Landlord of the payment of ' all premiums due and payable thereon, at least thirty (30) days prior to the expiration of.each such policy. (e) Tenant.shall not carry separate or additional insurance concurrent in form or contributing in the event of loss with that required under this Article unless endorsed in favor of Landlord ,in accordance with the requirements of this Article and otherwise approved by Landlord in all respects. (f) For purposed of this Article, the term "full insurable value" shall mean the actual cost of replacing the property in question, without allowance for depreciation and exclusive of the cost of excavations, foundations and footings, as determined from time to time (but not less often than once every calendar year) by the insurance company or companies holding such insurance or by an appraiser, engineer, architect or contractor proposed by Tenant and approved by said company or companies and Landlord. -13- (g) No approval by Landlord or any insurer shall be construed to be a representation, certification or warranty of its solvency and no approval by Landlord as to the amount, type and /or form of any insurance shall be construed to be a representation, certification or warranty of. its sufficiency. 15. QUIET ENJOYMENT: Upon due performance of the covenants and agreements to be performed by Tenant under this Lease, Landlord covenants that Tenant shall and may at all times peaceably and quietly have, hold and enjoy the Leased Property during the Term of this Lease. Notwithstanding the preceding sentence, Landlord, or its agents may enter into and inspect the Leased Property during normal business hours, upon reasonable notice to Tenant. 16. (Intentionally Omitted). 17. SUBLETTING; ASSIGNMENT: Neither this Lease, nor the interest of the Tenant in this Lease, shall be sold, assigned, mortgaged, pledged, hypothecated or otherwise transferred, whether by operation of law or otherwise, or the Leased Property, or any part thereof, sublet. Any attempt to assign or mortgage this Lease or the interest of Tenant hereunder or to sublet the Leased Property, or any part thereof, shall be null and void and shall be a breach of this Lease and an event of default hereunder. 18. ADVANCES BY LANDLORD: If Tenant shall fail to make or perform any payment or act required by this Lease, then Landlord after the giving of any notice required` under this Lease and the termination of any cure period granted to Tenant, or without notice in the ,event of an emergency, if there is a risk of loss or damage to the Leased Property, or if penalties for delinquent payment will otherwise be applicable, may at its option make such payment or perform such act for the account of Tenant, and Landlord shall not thereby be deemed to have waived any default or released Tenant from any obligation hereunder. All amounts so paid by Landlord and all incidental costs and expenses (including attorneys' fees and expenses) incurred in connection with such payment or performance, together with interest at the lesser of (a) the maximum rate permitted by law or (b) the annual rate of Fifteen Percent (15 %) (the "Overdue'Interest' Rate "), from, the date of the making of such payment or of the incurring of such costs and expenses, shall be paid by Tenant to Landlord on demand. -14 19. CONDITIONAL LIMITATIONS -- EVENTS OF DEFAULT AND REMEDIES: (a) Any of the following occurrences or acts shall constitute an "event of default" under this Lease: .8 (i) if Tenant shall default in making payment when due of any installment of Monthly Base Rent or Additional Rent; or (ii) if Tenant shall default in the due performance of any other covenant, agreement, obligation or condition on the part of Tenant to be performed hereunder, other than as set forth in clause (i) or clause (x) of this paragraph (a), and if such default shall continue for thirty (30) days.after written notice from Landlord to Tenant specifying such default and demanding that the same be cured; provided, however, that if the default is, in Landlord's sole and absolute judgment, of such a nature that it cannot reasonably be cured within said thirty (30). day period, Tenant shall have such additional time for cure as Landlord may approve in writing after receipt by Landlord within said thirty (30) day period of a written request by Tenant therefor; or (iii) if Tenant, or any corporation succeeding to Tenant by, merger, consolidation or acquisition of all or substantially all of ,its assets, shall. file a petition in bankruptcy or for reorganization or for an arrangement pursuant to the Bankruptcy Act or under any similar federal or state law now or hereafter in effect, or shall be adjudicated a bankrupt or become insolvent or shall make an assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts generally as they become due, or shall be dissolved, or shall suspend payment of its obligations, or shall take any corporate action in furtherance of any of the foregoing; or (iv) if a petition or answer shall be filed proposing the adjudication of Tenant or any corporation succeeding to Tenant by merger, consolidation or acquisition of all or substantially all of its assets as a bankrupt or its reorganization pursuant to the Bankruptcy Act or any similar federal or state law, now or, hereafter in effect, and (A) Tenant or its successor corporation shall consent to the filing thereof, or (B) such petition or answer ' shall not be discharge, or denied within thirty (30) days after the filing thereof; or (v) if 'a receiver, trustee or liquidator (or other similar official) shall be appointed for or take possession or charge of Tenant or any corporation succeeding to Tenant by merger, consolidation or acquisition of all or substantially all of its assets, or of all or substantially all of the business or assets of Tenant or its successor corporation or of Tenant's or its successor corporation's. estate or interest in the Leased Property, and shall not be discharged within 60 days thereafter or if Tenant or its successor corporation shall consent to or acquiesce in such appointment; or -15- (vi) if the estate or interest of Tenant in the Leased Property or any sublease thereof shall be levied upon or attached in any proceeding and such process shall not be vacated or discharged within forty -five (45) days of Tenant's knowledge of such levy or attachment, unless Tenant shall be contesting such levy or attachment in accordance with the requirements of paragraph (d) of Article 7 hereof; or (vii) if any Leased Property shall be vacated or abandoned (except in the event of a casualty or condemnation) for a continuous period of thirty (30) days or more; or (viii) if, as of the time when the same shall have been made, any representation or warranty of Tenant to Landlord set forth in any notice, certificate, demand, request or other instrument delivered in connection with or pursuant to this Lease shall prove to be incorrect or misleading 'in any respect and Landlord shall suffer a material loss or detriment as a result thereof, including, without limitation, the taking of any action in reliance upon such representation or warranty; or (ix) if Tenant shall fail at any time to obtain, provide, maintain, keep in force or deliver to Landlord the insurance policies required in Article 14 hereof; or (x) if any lien or encumbrance other than one expressly permitted hereby is created or placed against or covering all or any portion of the Leased Property and such lien or encumbrance has not been paid, bonded or-otherwise discharged within forth -five (45) days of Tenant's knowledge of such line or encumbrance. (b) This Lease and the term and estate hereby granted are subject to the limitation that whenever an event of default shall have occurred, Landlord may, at Landlord's option, elect to (i) re -enter the Leased Property, without notice, and remove all persons and property therefrom, either by summary proceedings or by any suitable action or proceeding at law, without being liable to indictment, prosecution or damages therefor, and may have, hold and enjoy the Leased Property, together with the appurtenances thereto and the improvements thereon; and (ii) terminate this Lease at any time by giving ten (10) days' notice in writing to Tenant, electing to terminate this Lease, and the term of this Lease shall expire at the expiration of said last mentioned ten (10) days' notice as fully and completely as if said date were the date herein originally fixed for the expiration of the term hereby granted, and Tenant shall thereupon quit and peacefully surrender the Leased Property to Landlord, with all appurtenances thereto and all improvements thereon, without any payment therefor by Landlord, and Landlord, upon the expiration of said last mentioned ten (10) days' notice, or at any time thereafter, may re -enter the Leased Property as provided in the preceding clause W. -16- (c) In case of any such re- entry, termination and /or dispossession by summary proceedings or otherwise as provided in the immediately preceding paragraph, (i) the Monthly Base Rent and Additional Rent shall become due thereupon and be paid up to the time of such re- entry, dispossession and termination, together with such expenses, including attorneys' fees and expenses, as Landlord shall incur in connection with such re- entry, termination and /or dispossession by summary proceedings or otherwise; (ii) Tenant shall also pay to Landlord all other damages and expenses which Landlord shall have sustained by reason of the breach of any provision of this Lease, including without limitation legal expenses, attorneys' fees, brokerage commissions and expenses incurred in. altering, repairing and putting the Leased Property and any buildings and improvements thereon in good order and condition and in preparing . the same for reletting, which expenses shall be paid by Tenant as they are incurred by Landlord. (d) No receipts of moneys by Landlord from Tenant after a termination of this Lease by Landlord shall reinstate, continue or extend the term of this Lease or affect any notice theretofore given to Tenant, or operate as a waiver of the right of Landlord to enforce the payment of rent then due or thereafter falling due, it being agreed that after the commencement of suit for possession of the Leased Property, or after final order or judgment for the possession of the Leased Property, Landlord may demand, receive and collect any moneys due or thereafter falling due without in any manner affecting such suit, order or judgment, all such moneys collected being deemed payments on account of the use and occupation of the Leased Property or, at the election of Landlord, on account of Tenant's liability hereunder. Tenant hereby waives any and all rights of redemption provided by any law, statute or ordinance now in effector which may hereafter be enacted. Landlord shall have, receive and enjoy as Landlord's sole and absolute property, without right or duty to account therefor to Tenant, any and all sums collected by Landlord as rent or otherwise upon reletting the Leased Property after Landlord shall resume possession thereof as hereinbefore provided, including, without limitation upon the generality of the foregoing, any amounts by which the sum or sums collected shall exceed the continuing liability of Tenant hereunder. . (e) The word "re- enter ", as used in this Lease, is not and shall not be restricted to its technical legal meaning, but is used in the broadest sense. No such taking of possession. of the Leased Property by Landlord shall constitute an election to terminate the term of this Lease unless notice of such intention be given to Tenant or unless such termination be decreed by a court having jurisdiction. (f) If an action shall be brought for the enforcement of any provision of this Lease, in which it shall be determined that Tenant was in default, Tenant shall pay to Landlord all costs and other expenses which may become payable as a result thereof, including attorneys' fees and expenses. If Landlord shall, without fault on its part, be made a party, to any litigation commenced against Tenant, Tenant shall -17- pay all costs and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. (g) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and every right and remedy shall be cumulative and in addition to any other legal or equitable right or remedy given hereunder, or at any time existing. The failure of Landlord to insist upon the strict performance of any provision or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. Receipt by Landlord of. any Monthly Base Rent or Additional Rent payable hereunder with knowledge of the breach of any provision contained in -this Lease shall not constitute a waiver of such breach (other than the prior failure to pay such Monthly Base Rent or Additional Rent), and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless made under signature of an officer of Landlord. 20. NOTICES: All notices and other instruments given or delivered pursuant to this Lease shall be in writing and sent by hand delivery; prepaid United States registered or certified mail, return receipt requested; facsimile; or by a nationally recognized overnight courier, and the giving of such notice or other communication shall be deemed complete (i) when delivered, if sent by hand; (ii) on the actual date of receipt by the addressee (as evidenced by the return receipt), if delivered by registered or certified mail; (iii) when received by the addressee, if transmitted by facsimile; and (iv) on the earlier of receipt or two (2) days after being sent, if delivered by a nationally recognized courier. Landlord and Tenant shall each have the right to specify, from time to time, as its address for purposes of this Lease, any address and any addressee, in the continental United States, upon giving twenty -one (21) days' written notice thereof to the other party. The addresses of Landlord and Tenant for purposes of this Lease, until notice has-been given as above provided, shall be as follows: Landlord: Housing and Redevelopment Authority of Edina, Minnesota 4801 West 50th Street Edina, Minnesota 55424 Attn: Executive Director Fax #: 927 -7745 Tenant: 5200 Eden Circle Edina, Minnesota 55424 Attention: Walter Kunz Fax #: 920 -7177 ffm 21. SURRENDER: (a) Upon the expiration or earlier termination of the Term of this Lease, Tenant shall surrender the Leased Property to Landlord in the same condition as the Leased Property was in on the date of this Lease except for casualty or condemnation damage and ordinary wear and tear and except that Tenant may remove from the Leased Property prior to such expiration or earlier termination all ,fixtures, shelving, equipment and personal property located in or on the Leased Property. Tenant shall remove from the Lease Property on or prior to such expiration or earlier termination all fuel from any storage tanks in or on the Leased Property and all property owned or leased by Tenant. Property not so removed shall become the property of Landlord. 22. SEPARABILITY: Each provision contained in this Lease shall be separate and independent and the breach of any such provision by Landlord shall not discharge or relieve Tenant from its obligation to perform each obligation of this Lease to be performed by Tenant. If any provision of this Lease, or the application thereof to any person or circumstance shall to any extent by invalid and unenforceable; the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and shall be enforceable to the extent permitted bylaw. 23. BINDING ' EFFECT: .(a) All provisions contained in this Lease shall be binding upon, inure to the benefit of and be enforceable by the respective successors and. permitted assigns of Landlord and Tenant to the same extent as if each such successor or assign were named as a party hereto. (b) This Lease embodies the entire agreement between Landlord and Tenant relating to the lease and occupancy of the Leased Property by Tenant and supersedes all prior agreements and understandings relating to such subject matter. 24. NATURE OF LANDLORD'S OBLIGATIONS: Anything in this Lease to the contrary notwithstanding, no recourse or relief shall be had under any rule of law or equity, statute or constitution or by any enforcement of any assessments or penalties, or otherwise or based on or in respect of this Lease (whether by breach of any obligation, monetary or non - monetary), against Landlord (or any officer or partner of Landlord or any predecessor or successor corporation or other entity of Landlord), it being expressly understood that -19- any obligations of Landlord under or relating to this Lease are solely obligations payable out of the Leased Property (or proceeds from sale of the Leased Property) and are compensable solely therefrom. It is expressly understood that all such liability is and is being expressly waived and released as a condition of and as a condition for the execution of this Lease, and Tenant expressly waives and releases all such liability as a condition of, and as consideration for, the execution of this Lease. Nothing in this section shall prevent Tenant from seeking specific performance of this Lease. 25. RECORDING OF LEASE: Tenant shall not record this Lease or a memorandum of this Lease. 26, MISCELLANEOUS No term or provision hereof may be amended, changed, waived, discharged or terminated orally, but only by an instrument signed by the party against whom enforcement thereof is sought. No failure, delay, forbearance or indulgence on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, or as an acquiescence in any breach, nor shall any single or partial exercise of any right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. This Lease and the rights and obligations in respect hereof shall be governed by, and construed and interpreted in accordance with, the laws of the State of Minnesota. All headings are for reference only and shall not be considered as part of this Lease. This Lease may be executed in any number of counterparts, each of which shall be an original, and such counterparts together shall constitute but one and the same instrument. -20- IN WITNESS WHEREOF, Landlord and Tenant hereto have each caused this Lease to be duly executed and delivered in their respective'names and behalfs, as of the day and year first above written. LANDLORD: HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By Its And By _ Its TENANT: THE KUNZ OIL COMPANY B.y. Its And By Its -21- EXHIBIT A [Legal Description of Land] Lot 2, Block 1, Wanner Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said Hennepin County, subject to an easement for roadway purposes over and across the South 25 feet of said Lot 2, and together with an easement for roadway purposes over and across the North 25 feet of Lot 3, Block 1 of said Wanner Addition; also together with an easement for road purposes over a strip of land 16 feet in width being 8 feet on each side of the following described line: Commencing at a point on the south line of Eden Prairie Road 358 feet due East from the West line of said Government Lot 8; thence South and parallel with the west line of said Government Lot 8 to a point which is 612.9 feet North of the South line of said Lot 8; thence west at right angles to east line of premises first above described. That part of Lot 1, Block 1 of said Wanner Addition described as follows: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line to said Lot 1 to the point of beginning. That part of Government Lot 8, Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point located on a line drawn between the following described points; Point 1 located on a line parallel with and distant 221.8 feet East of the West line of said Government Lot 8, which point is distant South 259.4 feet from the Intersection of the center line of Eden Prairie Road and said line; and Point 2 located on the South line of said Government Lot 8, 246.8 feet East of the Southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the South line of said Government Lot 8; thence Northerly along said drawn line 25 feet; thence Easterly and at right angles a distance of 90 feet; thence Southerly and parallel with said drawn line 25 feet; thence Westerly and at right angles to point of beginning. EXHIBIT E INDEMNITY AGREEMENT THIS INDEMNITY AGREEMENT (this "Agreement ") made as of the day of . 199_, by THE KUNZ OIL COMPANY, a Minnesota corporation hereafter referred to as "Indemnitor ") in favor- of HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of Minnesota (hereafter referred to as "Indemnitee "). WITNESSETH WHEREAS, Indemnitor and Indemnitee are parties to a Purchase Agreement (the "Purchase Agreement") dated , 1997 covering that certain parcel of land located in Edina, Minnesota and more particularly described on Exhibit A attached hereto and incorporated herein (the "Land ") (the Land and the improvements located thereon are hereafter collectively referred to as the "Premises"); and WHEREAS, contemporaneously with the execution hereof, Indemnitor and Indemnitee are closing on the purchase and sale of the Premises contemplated by the Purchase Agreement; and -WHEREAS, the Purchase Agreement requires contemporaneously with the closing of the purchase and sale of the Premises contemplated by the Purchase Agreement that Indemnitor execute and deliver this Indemnity Agreement to Indemnitee. NOW, THEREFORE, in consideration of the recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Indemnitor hereby covenants and agrees as follows: 1. (a) Indemnitor covenants and agrees, at its sole cost and expense, and without cost or expense to Indemnitee, to defend (with counsel reasonably satisfactory to Indemnitee), indemnify, protect and save harmless Indemnitee against and from any and all damages, losses, liabilities, claims, litigation, governmental orders or directives, demands, .defenses, judgments, suits, proceedings, settlement agreements, costs, disbursements or expenses and all other matters of any kind or nature whatsoever (including, but not limited to, reasonable attorneys' and experts' fees and disbursements, the cost of investigation, removal, or remediation, any costs associated with taking necessary precautions to protect against the release of Hazardous Materials, costs incurred to comply with any Environmental Laws, and costs incurred in connection with the protection of the health and safety of persons affected by Hazardous Materials) that may at any time be imposed upon, incurred by or awarded against Indemnitee arising from, out of or by reason of any of the following (collectively hereinafter referred to as "Indemnified Matters "): (i) the presence on, in and under the Land (either now or in the past) of storage tanks ( the "Storage Tanks "); (ii) the existence, release or threat of releases of any Hazardous Materials from, or in connection with the filling or use of, or the delivery to or removal of Hazardous Materials from,.the Storage Tanks or any of them; or (iii) any violation prior to the date of this Agreement of any Environmental Laws with respect to the Storage Tanks. (b) If either party to this Agreement receives service or written notice of any action, suit,, proceeding, demand or claim with respect to any Indemnified Matter (a "Hazardous Material Claim "), such party shall, within ten (10) days of receipt of such notice or service, give notice thereof to the other party; provided, however, that the failure of Indemnitee to give such notice shall not. relieve Indemnitor of any liability hereunder, except to the extent Indemnitee's failure to so notify Indemnitor results in material prejudice to Indemnitor. Indemnitor shall, at its own expense and with its own counsel; which counsel shall be reasonably satisfactory to Indemnitee, defend Indemnitee against any Hazardous Material Claim. Indemnitor may compromise or settle any such claim, provided that Indemnitor shall not enter into any compromise,' settlement or judgment binding on Indemnitee without the prior written consent of Indemnitee. ,Indemnitee shall cooperate with Indemnitor in any action, suit, proceeding, claim or'demand in respect of any Indemnified Matters, but at no expense to Indemnitee. (c) Anything in this Agreement to the contrary notwithstanding, the foregoing agreement to defend, indemnify, protect and save Indemnitee harmless . shall not apply to damages, losses, liabilities, claims, litigation, governmental orders or directives, demands, defenses, judgments, suits, proceedings, settlement agreements, costs, disbursements or expenses or other matters arising out of Indemnified Matters to the extent they arise out of: (i) the negligent acts or omissions of the Indemnitee which contribute to the release or threat of release of any Hazardous Materials, or aggravate an existing release or Hazardous Materials; , (ii) any Hazardous Materials brought onto the Premises by Indemnitee; (iii) the willful violation of Environmental Laws by Indemnitee; or (iv) any Hazardous Materials brought onto the Premises by any third party after Indemnitor ceases to occupy the Premises. ipa 2. The liability of Indemnitor under this Agreement shall survive and in no way be limited or impaired by (i) any act, omission, failure or delay of any Entity, including, but not limited to Indemnitee, (ii) any sale or transfer of all or any part of the Premises, (iii) the assignment or transfer of this Agreement by Indemnitee, or its successors or assigns, or (iv) the voluntary or involuntary participation by any Indemnitor or Indemnitee in any settlement or compromise for the benefit of any of Indemnitor's creditors either in liquidation, readjustment, receivership, bankruptcy or otherwise. 3. Indemnitor waives any right or claim of right to cause a marshalling of assets or to cause Indemnitee to proceed against any Entity before proceeding under this Agreement against Indemnitor. Indemnitor agrees that any payments required to be made hereunder shall become due ten (10) days after demand, and that if any such payments shall not have been received when due, the amount payable shall accrue interest at the Involuntary Rate from the date of demand to the date payment of such amount and the interest accrued thereon shall have been received by Indemnitee. Indemnitor expressly waives and relinquishes all rights and remedies accorded by applicable law to indemnitors or guarantors, except any rights of subrogation which an indemnitor may have, provided that the indemnity provided for hereunder shall neither be contingent upon the existence of any such rights of subrogation nor subject to any claims or defenses whatsoever which may be asserted in connection with the enforcement or attempted enforcement of such subrogation rights including, without limitation, any claim that such subrogation rights were abrogated by any acts or omissions of Indemnitee. In any action or proceeding brought to enforce this Indemnity Agreement, the prevailing party shall be entitled to recover its costs, fees (including, but not limited to, reasonable attorney's and experts' fees and disbursements) or other expenses incurred in connection with such action or proceeding. 4.. No delay on Indemnitee's part in exercising any right, power or privilege under this Agreement shall operate as a waiver of any such privilege, power or right. 5. Any notice, request, demand, instruction or other communication required by this Agreement shall be in writing and shall be delivered to the parties named below. All such notices shall be either (a) delivered by hand by a commercial messenger service regularly retaining receipts for delivery, (b) sent by registered or certified mail, return receipt requested, (c) sent by facsimile, or (d) delivered by a reputable air courier service such as Federal Express. Each notice shall be effective (i) upon delivery thereof to the addresses if delivered by hand, (ii) on the third (3rd) Business Day following its deposit in the United States mail if sent by mail pursuant to clause (b) above, (iii) when received by the addressee if transmitted by facsimile, or (iv) on the first (1st) Business Day following its deposit with an overnight courier -3- if sent for next day delivery pursuant to clause (c) above, and shall be addressed to the parties as set forth below: If to Indemnitor: If to Indemnitee: The Kunz Oil Company 5200 Eden Circle Edina, Minnesota 55424 Attention: Walter Kunz Fax #: 920 -7717 Housing and Redevelopment. Authority of Edina, Minnesota 4801 West 50th Street Edina, Minnesota 55424 Attn: Executive Director Fax #: 927 -7745 If Indemnitee or the Indemnitor desires to change its address for the purpose of receipt of notices or the individual to whose attention notices shall be sent, notice of such change shall be given in the manner specified herein. Unless and until such written notice of change is actually received, the last address and addressee as stated by written notice, or provided herein if no written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. Any notice given in accordance with the terms hereof, the delivery of which is refused by the addressee, shall be effective at the time of such attempted delivery. 6. No change in the name, purposes, capitalization, identity or organization of Indemnitor shall in any way affect, diminish, or otherwise impair. the liability of Indemnitor under this Agreement. 7. This Agreement has been delivered free of any conditions, and no representations have been made to Indemnitor affecting or limiting the liability of Indemnitor under this Agreement. This Agreement is in addition to and not in substitution for any other indemnities held or that may hereafter be held by Indemnitee. 8. No provision of this Agreement may be changed, waived, discharged or terminated orally, and no change, waiver, discharge or termination of any term or provision of this Agreement shall be valid unless in writing and signed by Indemnitee and Indemnitor. 9. This Agreement shall be governed in "all respects by the laws of Minnesota. -4- 10. This Agreement shall in no way affect any liabilities or obligations of Indemnitor in connection with any Environmental Laws. 11. For purposes of this Agreement the following terms shall have the respective meanings ascribed thereto: (i) "Entity" means any natural person, corporation, partnership, trust, association, firm, government, governmental agency or other entity, whether acting in an individual, fiduciary or other capacity; (ii) "Environmental Law" means any and all laws, statutes, ordinances, regulations, orders, directives, guidances and rules relating to pollution or protection of the environment, including without limitation, common laws and laws relating to release or threatened releases of Hazardous Materials or imposing liability or standards of conduct relating to Hazardous Materials. (iii) "Hazardous Materials" means any and all hazardous or toxic substances, wastes, oils, pollutants or contaminants (including, without limitation, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products as defined in any Environmental Law or the generation, use, release, storage, treatment, transfer, transport or disposal of which is restricted, penalized, prohibited or regulated by, or the removal or remediation of which may be required pursuant to, any Environmental Law. (iv) "Involuntary Rate" means a rate of interest per annum equal to the lesser of (A) the rate of interest from time to time publicly announced by First Bank National Association, or its successor, as its prime or reference rate of interest as the same may fluctuate from time to time, plus three percent (3 %), and (B) the maximum rate of interest allowable by applicable law. 12. If any one or more provisions in this Agreement shall be held to be invalid, illegal, void or unenforceable in any respect (a) such provision or provisions shall be given force to the fullest possible extent that they are valid, legal and enforceable, (b) such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and (c) this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13. This Agreement embodies the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings between the parties hereto related to the subject matter hereof. -5- 14. This Agreement shall be binding upon and inure to the benefit of the Indemnitee, the Indemnitor, and their respective successors and assigns. IN WITNESS WHEREOF, Indemnitor has executed and delivered this Agreement. as of the date first written above. THE KUNZ OIL COMPANY By Its And By Its HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By Its And By Its a -6- EXHIBIT A Lot 2, Block 1, Wanner Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said Hennepin County, subject to an easement for roadway purposes over and across the South 25 feet of said Lot 2, and together with an easement for roadway purposes over and across the North 25 feet of Lot 3, Block 1 of said Wanner Addition; also together with an easement for road purposes over a strip of land 16 feet in width being 8 feet on each side of the following described line: Commencing at a point on the south line of Eden Prairie Road 358 feet due East from the West line of said Government Lot '8; thence South and parallel with the west line of said Government Lot 8 to a point which is 612.9 feet North of the South line of said Lot 8; thence west at right angles to east line of premises first above described. That part of Lot 1, Block 1 of said Wanner Addition described as follows: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South' line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of . 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line to said Lot 1 to the point of beginning. That part of Government Lot 8, Section 28, Township 117 North, Range 21 West, Hennepin County, Minnesota, described as follows: Beginning at a point located on a line drawn between the following described points; Point 1 located on a line parallel with and distant 221.8 feet East of the West line of said Government Lot 8, which point is distant South 259.4 feet, from the. Intersection of the center line of Eden Prairie Road and said line; and Point 2 located on the South line of said , Government Lot 8, 246.8 feet East of the Southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the South line of said Government Lot 8; thence Northerly along said drawn line 25 feet; thence Easterly and at right angles a distance of 90 feet; thence Southerly and parallel with said drawn line 25 feet; thence Westerly and at right angles to point of beginning. r r� E� EXHIBIT F we : 901 Walla 0 * • : .THIS AMENDED AND RESTATED LAND EXCHANGE AND PURCHASE AGREEMENT ( "Agreement ") is made and entered into as of this Z/sr day of November, 1996, by and between GORDON C. AND LAVERNE S. LEWIS, husband and wife, individuals of Edina, Minnesota, hereinafter "LEWIS ", and THE KUNZ OIL COMPANY, a Minnesota corporation, hereinafter "KUNZ ". RECITALS WHEREAS, LEWIS and KUNZ respectively entered into a LAND EXCHANGE AND PURCHASE AGREEMENT on. the 29th day of June, 1995 ( "1995 Agreement "), which agreement included certain contingencies and uncertainties with respect to the exact identity of the properties to be sold, purchased and exchanged, and with respect to the ability to obtain the approvals from the City of Edina necessary to accomplish the objectives of the parties; and WHEREAS, surveys, and agreements in principle reached v..' :. ^ity of Edina with respect to the rep latting, reciprocal road easements and building, ana other events occurring subsequent to the execution of the 1995 Agreement have allowed the parties to establish boundaries and square footage of parcels, and eliminate some contingencies; and - WHEREAS, LEWIS and KUNZ have agreed upon the exchange of parcels, and the purchase and sale of a parcel in accordance with the terms and conditions as hereinafter set forth. NOW, THEREFORE, in consideration of the Recitals and the mutual covenants contained herein, KUNZ and 'LEWIS hereby agree as follows: 1. Recitals/Amendment and Restatement of 1995 Agreement. The Recitals set forth above are incorporated into and made a part of this Agreement. This Agreement amends and restates the 1995 Agreement in its entirety. For convenience the Section numbering of the 1995 Agreement has been retained, but-where the material contained`in the 1995 Agreement is deemed to be no longer applicable or necessary , the language "No longer applicable" is inserted in its place, Capitalized Terms not otherwise defined herein, have the meanings given them in the 1995 Agreement. 2. Surveys and identification of parcels. A certified land surveyor, DeMars- Gabriel, Inc., has been engaged by the parties to survey the KUNZ and LEWIS properties and determined legal descriptions and the square footage of the parcels to be exchanged, and the parcel to be purchased and sold, and to provide legal descriptions for the properties to be owned by KUNZ and LEWIS respectively after the completion of the exchange and sale contemplated hereby. The surveyor has determined that Parcel I and Parcel 2 each contain 51,968 square feet, and Parcel 3 contains 3 1,5 12 square feet. For convenience, the identities and legal descriptions of the E parcels and properties in question, are attached hereto as exhibits as follows and are incorporated by reference herein: PARCEL 1: Portion of the KUNZ PARCEL to be conveyed by KUNZ to LEWIS by way of exchange (EXHIBIT A) PARCEL 2: Portion of the LEWIS PARCEL to be conveyed by LEWIS to KUNZ by way of exchange (EXHIBIT B) PARCEL 3: Portion of the LEWIS PARCEL to be purchased by KUNZ from LEWIS (EXHIBIT C) PARCEL 4: PARCEL to be owned by KUNZ u. ..--chase and exchange (EXHIBIT D) PARCEL .5: PARCEL to be owned by LEWIS afte. .md exchange (EXHIBIT E) RECIPROCAL ROAD EASEMENT including legal description (EXHIBIT F) a. Identification of Parcels to be exchanged: No longer applicable. b. Identification of P rcelc to be cold: No longer applicable. C. Identification of casement to be eliminated. As an integra! part of the exchange and purchase transaction, the following described easement across certain LEWIS Property in favor of the KUNZ- Property shall be eliminated from the. Certificate of Title by Quitclaim Deed or such other legal instrument as may be required by the Registrar of Titles of Here-it.. '-t County, to wit: That certain easement described in Certificate of Title No. 806499 as follows: "Subject to the 16 foot wide private roadway easement in favor of Lot 2, Block 1, Wanner Addition, over part of Parcel 3 as set forth in Book 1703 of Deeds, page 431, County Recorder Document No. 2419555; 3. Prosy Exchaagle. At closing and upon the conditions hereinafter set forth, KUNZ shall exchange Parcel 1 for Parcel 2, and LEWIS shall exchange Parcel 2 in return for Parcel 1, subject, nevertheless, to temporary encroachments and indemnity set forth in Paragraph (c) of Section 7 hereof. 4. , Pro eM Purchase. At closing KUNZ shall buy and LEWIS shall sell Parcel 3 upon the terms and conditions of this Agreement at the purchase price set forth in Paragraph 5. -2- N f E c s 5. Purchase Price. The square footage of Parcel 3 has been determined to be 31,512 sq. ft. and the purchase price has been established as $157,560.00 ($5.00 per square foot) and payable as hereinafter set forth: - (a) Earnest money in the sum of Twenty Thousand Dollars ($20,000.00), in the form of a check drawn on the KUNZ account, has been delivered to Alfred Hoedeman, the attorney for LEWIS, contemporaneous with KUNZ execution and delivery of the 1995 Agreement, which check has been negotiated and deposited into the trust account of the attorney for LEWIS, and the proceeds of which shall be delivered by the attorney for LEWIS at the closing, or otherwise disbursed or returned as provided in this Agreement. (b) The remainder of the purchase price for Parcel 3, shall be paid in cash by KUNZ to LEWIS at the closing, or at the option of KUNZ by a note and mortgage to be executed on the Date of Closing, and providing for equal monthly payments amortized over ten (10) years at ten percent (10 %) per annum from the Date of Closing to commence on the date which is one (1) month after the Date of Closing and continue until the second anniversary of the Date of Closing at which time the entire principal balance and accrued interest shall be payable in full. 6. Taxes and The real estate taxes and the special assessments, if any, regarding the Properties shall be allocated between the parties and paid as follows: (a) On or before the Date of Closing, each party shall pay all real estate taxes and installments of special assessments due and payable with regard to the Properties during 1996, and during all prior years so as to.allow for the recording of deeds. It is understood that this will result in paying taxes by each party on property which will change ownership. This method of tax payment is equitable because Parcels 1 and 2 have equal value. KUNZ shall pay such real estate taxes and special assessments payable with respect to. the KUNZ Property and LEWIS such taxes with respect to the LEWIS Property. (b) The portion of the real estate taxes payable in 1996 with respect to Parcel 3 will be prorated as of the date of closing. The present LEWIS unimproved Property which includes Parcels 2 and 3 is taxed separately for real estate tax purposes and consists of an area of 191,125 square feet. Based on the real estate taxes payable in 1996 of $24,497.00, the annualized tax per square foot of Parcel 3 is $.1282 per sq. ft. The amount taxes to be prorated at closing shall be, therefore, $.1282 times the square footage of Parcel 3 which as determined by survey is 31,512 sq. ft., or $4,039.84. (c) KUNZ shall pay all special assessments levied against the KUNZ Property as of the Date of Closing and LEWIS those levied against the LEWIS Property as the Date of Closing, including the amounts thereof due and payable during 1996. 7. Provisions relating rn Exchange and Purchase of Par Is. Except where specially noted in this Article or obvious from its context, the following provisions apply equally to KUNZ and LEWIS. -3- E Dk- (a) Conveyance: Quality of Title. Subject to performance by each of the parties, at closing KL NZ shall deliver to LEWIS as to Parcel 1 and LEWIS shall deliver to KUNZ as to Parcel 2 and Parcel 3; the following: (i) An affidavit stating that there are no unrecorded outstanding interests in the parcel, Federal or state tax liens, judgments, or bankruptcies affecting the parcel nor any lienable work done on the KUNZ Property or LEWIS Property, as applicable, within the preceding one hundred twenty (120) days; and (ii) A duly executed General Warranty Deed in recordable form (with all required state deed tax stamps affixed), conveying marketable title to the Parcels to be exchanged, purchased and sold as provided hereunder, together with the actual possession thereof, subject only to the following exceptions ( "Permitted Encumbrances "): (1) Reservations of any minerals or mineral rights to the state or federal government. (2) Building and zoning laws, ordinances and regulations. (3) Easements of record. (4) Restrictive Covenants of record. Without limitation, title of the respective - parties shall not be subject to any leases or rights of tenants, at will, month-to-month-or otherwise, nor shall any tenants be in possession of the Parcels or any part thereof, as of the date of closing. Each of the parties shall hold the other party harmless from and indemnify the other party against any and all liability, damages or claims arising out of tenancies to the Date of Closing. (b) Evidence of Title. Promptly after execution of this Agreement, each of the parties has delivered to the other complete Abstracts of Title or Registered Property Abstracts regarding the parcel or parcels to be exchanged or sold by such parry, continued and certified to date, at the sole expense of the party providing the same, in accordance with the applicable Title Standards. Each party shall have twenty (20) days after receipt for examination of and objection to title, which objections, if any, shall be in writing. Neither party shall have the right to object to any easement or restrictive covenant of record unless it would interfere with improvements planned by the objecting party to the parcel(s) it will own after closing. If any objections are so made, the party which currently owns the parcel to which objections are made shall be allowed to extend the Date of Closing by sixty (60) days if necessary to make such title marketable. Such party may so extend the closing date by giving written notice to the objecting party on. or before the Date of Closing. Pending correcting of title defects, any payments and/or performance hereunder -4- e1 E e required to be paid or performed by either party shall be postponed, but upon correction of said title defects both parties shall perform this Agreement according to its terms and conditions. If said title is not marketable and is not made so by the Date of Closing, as the same may be extended by the nonobjecting party as above provided, then at the option of the objecting party: (i) This Agreement shall be null and void, neither party shall have further rights or obligations hereunder, and any money theretofore paid by KUNZ shall be refunded; or (ii) The objecting party may waive the objection and proceed to close as if no objection had been made. The objecting parry shall make its election by giving written notice to the other party within ten (10) days after expirations of the cure period. A failure to give notice within such ten (10) day cure period shall be deemed to elect to declare this Agreement null and void as provided in clause "(i)" above. Each of the parties acknowledges that the other has complied with its obligations to provide title evidence to the other, KUNZ by providing abstracts of title to the KUNZ Property certified as of March 8, 1996 and LEWIS by providing a Registered Property Abstract to the LEWIS property certified as of April 23, 1996. Each party acknowledges that it has no objections to title based on the title evidence provided; and agrees that it may make objections only as to matters appearing of record subsequent to the date of the applicable certification date. (c) The previous paragraph (c) has . been designated as paragraph (d ). and the following clause has been inserted as the new paragraph (c): (c) Permitted Tem pgMa Encroachments and Access Inde nits Assignment. The parties hereto recognize that because of the location of Parcel 1 (which location was necessary to obtain approvals from the City of Edina for the exchange of parcels and replatting), as well as, the timing of construction of building by KUNZ, it has become necessary to permit KUNZ to have certain temporary encroachments and access rights after Closing, and to protect LEWIS and assigns from the consequences and possible damages of non - performance or delays as a result from the granting of temporary encroachments and access rights. Accordingly, the parties hereto agree as follows: . (i) A portion of KUNZ existing building is located on Parcel 1, and it is the agreement of the parties that KUNZ will remove such portion as part of the construction of an addition to its building to be constructed on Parcel 2. Prior to its removal, KUNZ shall have the right to continue to use and occupy the portion of its existing building located on Parcel 1 for the conduct of its business. The portion of the existing KUNZ building which is located on Parcel 1 is a permitted encroachment on Parcel 1 for a period expiring on the first anniversary of the Date of Closing. On or prior to the first anniversary of the Date of Closing, KUNZ shall remove the r. R portion of its existing building which is located on Parcel 1, including any and all underground tanks, pipes, manholes and other structures, and fill and grade the land on which it is located to the reasonable satisfaction of LEWIS. After closing, KUNZ, its agents and contractors, shall have the right at all reasonable times to enter upon Parcel 1 and other parts of Parcel 5 in the vicinity thereof as is reasonably necessary to effect such removal, filling and grading. (ii) During the KUNZ construction period, but not to exceed 180 days from Date of Closing, KUNZ shall be entitled to a minimum of fifty (50) parking places in such location as designated by LEWIS or their assigns on Parcel 5 in reasonable proximity to the existing KUNZ building, taking into account that Parcel 5 is subject to development. (iii) KL NZ hereby agrees to indemnify LEWIS, or their assigns from any and all damages and remedial work, including reasonable attorneys fees, resulting from breach, non- performance or delay in the performance of the covenants contained or referred to in paragraph (i) above. KUNZ further agrees that this indemnification shall be assignable without qualification by LEWIS to grantees of PARCEL 5, as if such assignee(s) or grantee(s) was or were an original contracting party or original contracting parties. (d) Other Documents. Each party without further notice shall provide to the other party as soon as possible with the exercise of good faith best efforts, with respect to the parcel it is exchanging and, in the case of LEWIS, selling: (i) Complete copies of all surveys and ali warranties received by it regarding such Parcel; (ii) Complete copies of all Contract(s) for Deed and Mortgage(s) encumbering the Parcel or Parcels; (iii) Complete copies of any covenants, conditions, restrictions, reservations or easements that encumber the Parcel or Parcels if any; (iv) Copies of existing soil engineering reports establishing the condition of the soil and subsoil, if any; and any information known by each party as to any soil conditions or hazardous waste matters. (v) Copies of all prior Environmental Studies or Audits regarding the Parcel of which such parry has knowledge, or that are in the possession or control of such party. This Agreement and each of the parry's obligations hereunder shall be conditioned and contingent upon review and approval by the parry and such party's counsel of all of the foregoing within the time period set forth in Section 9 of this Agreement, in their reasonable and good faith Judgment and discretion. 8. Environmental Representations. Except as to an underground gas or oil tank on Parcel 1 which KUNZ has agreed to remove at its own cost and expense prior to closing in -6- E accordance with the federal and state law, to the best knowledge of KUNZ as to Parcel 1 and the best knowledge of LEWIS as to Parcels 2 and 3, there is no Hazardous Material (as hereinafter defined) on such Parcel or Parcels)- whether such Hazardous Material was placed by spill, release, discharge, disposal or storage, nor has any Hazardous Material penetrated any waters, including, but not limited to streams crossing or abutting such Parcel or Parcels or the aquifer underlying such Parcel or Parcels. Hazardous Material as used in this Agreement shall be defined to mean asbestos or any hazardous or, toxic substance, material, waste or similar term which is regulated by local authorities, the State of Minnesota or the federal government, including, but not limited to, any material, substance, waste or similar term which is currently defined as: (a) A hazardous material under the laws of the State of Minnesota. (b) A hazardous substance under Section 311 of the Federal Water Pollution Control Act (33 U.S.C. sec. 1317); (c) A hazardous waste under Section 1004 of the Fe,. - -e Conservation and Recovery Act (42 U.S.C. sec. 6901, et seq.); (d) A hazardous waste substance under Section 101 o. omprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. sec. 96U 1, et seq.); or (e) A hazardous waste or toxic substance, waste, material or similar term in any existing rules and regulations of any administrative agency including, but not limited to, the Environmental Protection Agency, the Occupational Safety and Health Administration, and any such similar state or local agency having jurisdiction over the Parcels whether or not such rules and regulations have the force of law. To the best knowledge of KUNZ as to Parcel 1 and LEWIS as to Parcel; ' -nd 3, such Parcel or Parcels is/are free of hazardous substances and is/are not subject to an•-, ` Su;:er Fund" type liens or claims by governmental regulatory agencies or other third parties arising from the release or threatened release of hazardous substances in, on, or about the KLINZ Property or LEWIS Property, as applicable. 9. Contingencies. This Agreement, and each and every obligation, undertaking, promise and covenant of each of the parties hereto in this Agreement are contingent and conditioned upon satisfaction with each of the following within the time periods hereinafter set forth, which satisfaction shall be determined in reasonable and good faith judgment and discretion of such party; (a) Receipt by such party of the various documents listed in Article 7 hereof to be provided by the other party, and approval and acceptance of the documents and the matters and conditions evidenced thereby by such party and its counsel within thirty (30) days after receipt thereof. Each party hereby acknowledges that it has approved and accepted all such documents and conditions evidenced by all documents delivered by the other prior to the date hereof. -7- r � (b) All of the representations of the other party contained in Article 8 hereof, shall be true and correct as of the Date of Closing. (c) The other party shall have fully complied with and performed the conditions and agreements on its part required. by the terms hereof. (d) No long applicable. (e) No long applicable. (f) On or before the date of closing KUNZ shall have entered into an agreement with the City of Edina on terms andconditions acceptable to it in its sole discretion with respect to the construction of a storm water runoff pond on Parcel 4. to serve portions of Parcels 4 and 5 and land owned by the City of Edina. (g) KUNZ shall have entered into an agreement w. v of Edina as described in Paragraph 11 hereof, Platting, within the time specified in that Parab._,,a. If any of the conditions set forth in this Agreement for the bend t of a party have not been satisfied or waived in writing by such parry within the time period specified herein, then such party may elect to terminate this Agreement by giving the other party written notice thereof within the specified time period, upon the giving of which by such party this Agreement shall be null and void and any sums paid as earnest money initially tendered with this Agreement or subsequently tendered shall be returned to KUNZ forthwith and neither party shall have further rights or obligations hereunder. If the such party does not give the written termination notice herein allowed or provided within a time period specified herein. then the conditions for which such time period is allowed or provided shall be deemed waived by the such party. 10. Purchase by Pernbco. No longer applicable. 11. Platting. In order to record and/or file the Deeds contemplated by this Agreement, it has been determined to be necessary that the Properties be platted pursuant to the requirements of the City of Edina. The parties have obtained final approval of the plat of Eden Office Park. The conditions imposed by the City in granting approval will cause KUNZ to incur certain additional costs in connection with the construction of its proposed addition to its building. The-; obligation of KUNZ to close hereunder is contingent on KUNZ executing a development agreement with the City of Edina with respect to the reimbursement of such costs from tax increment financing on terms and conditions acceptable to KUNZ, in its sole discretion. If it is unable to enter into such a development agreement on or before the date of closing, it may terminate this_ Agreement pursuant to Paragraph 9(g) hereof by giving written notice to LEWIS on or before such date, in which event -Ahe provisions' -of the -last paragraph of Paragraph 9, Contingencies, shall apply. Except as provided below, all costs and expenses associated with obtaining plat approval by the City. of Edina. including, but not limited to the fees and expenses of surveyors (not -8- otherwise provided for in Paragraph 2) and fees payable to the City of Edina shall be shared equally by KLi�1Z and LEWIS. However, at closing, KUNZ will reimburse LEWIS $6,830 of the $80,000 subdivision fee payable in connection with the platting of the existing LEWIS Property. As between LEWIS and KUNZ, LEWIS will be solely responsible for the balance of the $80,000 subdivision fee and any park dedication fee, or fees similar to subdivision or park dedication, payable in connection with the platting,of the existing LEWIS Property. KUNZ will be solely responsible for any park dedication fee, subdivision fee, or similar fee payable in connection with the platting of the existing KUNZ Property. Each party will be responsible for its own attorneys' fees. 12. Closing. The closing shall take place no' later than 5 business days after the last of the contingencies described in Paragraph 9(f) and Paragraph 11 have been satisfied or waived, at 10:00 o'clock A.M., but no later than February 15, 1997, the Date of Closing, at the office of the attorney for LEWIS, or at an office of a title insurance company located within Hennepin County, Minnesota, designated by the KUNZ' lender and reasonably acceptable to LEWIS, unless the parties otherwise mutually agree to, a different time, date, or location. KUNZ shall pay the fees charged, by the title insurance compay for conducting the closing at the KUNZ' request; provided however, that with respect to Parcel 3 LEWIS shall pay all fees, costs, and expenses customarily incurred by sellers within Hennepin County, Minnesota,.to deliver marketable title and convey to.a buyer of real estate within said jurisdiction, and otherwise to perform LEWIS' obligations herein.. 13. Obligations of each of the parties at Closing. At closing, each party shall do the following: (a) Deliver to the other parry the Affidavit, General Warranty Deed, and Quitclaim or such other documents required pursuant to Paragraph 7; including a Quitclaim Deed from KUNZ to LEWIS of easement referred to in Paragraph 2(c) hereof, duly executed and acknowledged by such party, conveying to the other party good and marketable title to the Parcels to be exchanged and Parcel purchased and sold, free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights -of -way, easements and any other matters affecting title except the Permitted Encumbrances. It is. specifically noted that the Reciprocal Road Easement Agreement herein referred to will provide mutual access to both parties to Eden Circle and Eden Avenue. (b) Deliver to the other party all the "Other Documents required by Paragraph 7(d) hereof, to the extent not previously delivered, and execute an assignment of all of-such party's rights in the "Other Documents" (as and to the extent of said rights) to the other party. (c) Deliver to the parry quiet and peaceable possession of the Parcel or Parcels conveyed by such party, subject to KUNZ' encroachment, access and parking rights under Paragraph 7(c) hereof. (d) Pay or cause payment of the following: (1) all state deed tax applicable to the Parcel or Parcels conveved by it; and (2) any sum required to be paid by a party pursuant to any 92 r E � otherwise provided for in Paragraph 2) and fees payable to the City of Edina shall be shared equally by KLi�1Z and LEWIS. However, at closing, KUNZ will reimburse LEWIS $6,830 of the $80,000 subdivision fee payable in connection with the platting of the existing LEWIS Property. As between LEWIS and KUNZ, LEWIS will be solely responsible for the balance of the $80,000 subdivision fee and any park dedication fee, or fees similar to subdivision or park dedication, payable in connection with the platting,of the existing LEWIS Property. KUNZ will be solely responsible for any park dedication fee, subdivision fee, or similar fee payable in connection with the platting of the existing KUNZ Property. Each party will be responsible for its own attorneys' fees. 12. Closing. The closing shall take place no' later than 5 business days after the last of the contingencies described in Paragraph 9(f) and Paragraph 11 have been satisfied or waived, at 10:00 o'clock A.M., but no later than February 15, 1997, the Date of Closing, at the office of the attorney for LEWIS, or at an office of a title insurance company located within Hennepin County, Minnesota, designated by the KUNZ' lender and reasonably acceptable to LEWIS, unless the parties otherwise mutually agree to, a different time, date, or location. KUNZ shall pay the fees charged, by the title insurance compay for conducting the closing at the KUNZ' request; provided however, that with respect to Parcel 3 LEWIS shall pay all fees, costs, and expenses customarily incurred by sellers within Hennepin County, Minnesota,.to deliver marketable title and convey to.a buyer of real estate within said jurisdiction, and otherwise to perform LEWIS' obligations herein.. 13. Obligations of each of the parties at Closing. At closing, each party shall do the following: (a) Deliver to the other parry the Affidavit, General Warranty Deed, and Quitclaim or such other documents required pursuant to Paragraph 7; including a Quitclaim Deed from KUNZ to LEWIS of easement referred to in Paragraph 2(c) hereof, duly executed and acknowledged by such party, conveying to the other party good and marketable title to the Parcels to be exchanged and Parcel purchased and sold, free and clear of all liens, encumbrances, covenants, conditions, restrictions, rights -of -way, easements and any other matters affecting title except the Permitted Encumbrances. It is. specifically noted that the Reciprocal Road Easement Agreement herein referred to will provide mutual access to both parties to Eden Circle and Eden Avenue. (b) Deliver to the other party all the "Other Documents required by Paragraph 7(d) hereof, to the extent not previously delivered, and execute an assignment of all of-such party's rights in the "Other Documents" (as and to the extent of said rights) to the other party. (c) Deliver to the parry quiet and peaceable possession of the Parcel or Parcels conveyed by such party, subject to KUNZ' encroachment, access and parking rights under Paragraph 7(c) hereof. (d) Pay or cause payment of the following: (1) all state deed tax applicable to the Parcel or Parcels conveved by it; and (2) any sum required to be paid by a party pursuant to any 92 e• F other part of this agreement. Each parry shall be responsible for the payment of any recording fees applicable to the deed or deeds received by it. (e) Execute and deliver to the other party, or cause their successors in interest to execute and deliver to the other party, the Reciprocal Road Easement Agreement. 14. Obligations of Ki TN7 at Closing. Subject to the full, complete and timely performance by each party of its respective obligations hereof, KUNZ shall do the following: (a) KUNZ shall deliver to LEWIS a proper Certificate of Resolutions of the Board of Directors of KUNZ authorizing the execution of this Agreement and of all documents necessary to consummate the transaction contemplated hereby. (b) Deliver to LEWIS the purchase price in the manner set forth in Section 5 hereof. 15. Brokerage Fees and Commissions. Each party hereby covenants and agrees to save and to hold the other party whole and harmless from, and fully indemnify each other against, any and all commissions and fees for real estate brokerage and agency commissions that may be claimed or asserted against such party in connection with this transaction. 16. Condemnation. If, between the date hereof and the date of closing, any condemnation proceedings or eminent domain proceedings against the Parcels or any part or portion thereof shall be commenced or threatened or be. imminent, either party shall have the right, at its option, to terminate this Agreement by giving written notice thereof to the other. party. In the event of such termination, neither party shall have further rights or obligations hereunder and all sums paid by KUNZ shall be forthwith returned to KUNZ by LEWIS. In the event this Agreement is not terminated as aforesaid, this Agreement shall continue in full force and effect, and there shall be no 'adjustment to the purchase price on account of such condemnation but all awards under such proceedings shall become, at the Date of Closing, the property of each respective acquiring and exchanging party free of any right or claim therein on the part of the other party. 17. Notices. All notices, demands and requests . which may be given or . which are required to be given by either party to the other shall be in writing, and shall be sent by United States mail, postage prepaid, certified with return receipt requested, as follows: If to KUNZ: The Kunz Oil Company 5200 Eden Circle Edina, Minnesota 55436 Attn: Walter Kunz III E r E IL With a copy to: Gray, Plant, Moory, Mooty and Bennett, P.A. Attn: John D. Giudicessi 3400 City Center 33 South Sixth Street Minneapolis, Minnesota 55402 If to LEWIS: Lewis Engineering 4201 Norex Boulevard Chaska, Minnesota 55318 Attn: Gordon C. Lewis With a copy to: Hoedeman & Christy Attn: Alfred L. Hoedeman 920 Second Avenue south, #I 100 Minneapolis, Minnesota 55402 Notice shall be deemed given on the date mailed. v v . None of the covenants warranties re resentations and I t. r agreements herein contained shall merge with the Deed, but rather shall survive closing and shall run with the land and extend to and be binding upon the heirs, executors, -trators, successor and assigns of the respective parties. If any term, covenant or condition of this Agreement is unlawful or unenforceable, it shall be severed from this Agreement and given no effect, and the remaining terms and conditions of this Agreement shall continue to be operative, binding and effective. This document contains all of the agreements between the parties and may be modified only in writing. 19. Attorneys' Fees. In the event a dispute arises with respect to this Agreement, the party prevailing in such dispute shall be entitled to recover all expenses, including without limitation reasonable attorneys' fees and expenses incurred in ascertaining such party's rights, and in preparing to enforce or in enforcing such party's rights under this Agreement, whether or not it was necessary for such party to institute suit. 20. Binding Effect. This Agreement shall be binding on and inure to the benefit of the respective successor -in- interest and assigns of the parties. For purposes of this Agreement, successor -in- interest shall include (without limitation) the surviving corporation in the event of the merger of any party hereto, the shareholders of any party hereto in the event of dissolution, and the purchaser in the event of a sale of its assets by any party hereto. 21. Applicable La w. This Agreement and all rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Minnesota. r - E � 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 23. Known Contamination. The following two paragraphs relate to potential petroleum contamination on the parcels currently owned by Kunz ( "Kunz Property") and parcels currently owned by Lewis ( "Lewis Property "). It does not relate to or negate the provisions herein relating to other hazardous substances, pollutants or contaminants. Moreover, and except for the contractual obligations to each other set forth herein, nothing herein is any admission that either party is legally responsible for any hazardous substances, pollutants or contaminants on their respective property. a. The parties acknowledge that there may exist petroleum contamination on the Lewis Property detected as a result of certain environmental tests done on behalf of Kunz on or about October 31, 1996 in the northeasterly portion of what will be platted as part of Lot 7 and conveyed to Kunz Lewis has reported such . contamination to the MPCA. Lewis, at its sole cost except as expressly provided below in this paragraph, shall diligently pursue the procurement of a closure letter from the MPCA pursuant to which the MPCA acknowledges that, based upon the data submitted, the contamination requires no further mediation or investigation. Kunz shall cooperate with any and all remediation and investigation that may be reasonably associated with the procurement of said closure letter, including but not limited to permitting Lewis to remove and stockpile soils, perform monitoring and other remediation in a manner which does not unreasonably interfere with the construction of Kunz's proposed building and other improvements. The costs of investigation, testing, sampling, and processing with-the MPCA shall be paid 50% by Kunz and 50% by Lewis, provided further that tt►e portion paid by Kunz shall not exceed $1,500.00. Kunz shall have no obligation to pay any costs of remediation of such petroleum contaminated soils. Lewis shall seek reimbursement of any and all costs associated therewith through the Minnesota Petro Fund. Any reimbursements from the Petro Fund made in connection with the type of costs paid by Kunz shall be paid 50% to Lewis and 50% to Kunz The parties acknowledge that the MPCA may require no further investigation or remediation. b. The parties also acknowledge that there may exist petroleum contamination on the Kunz Property in the vicinity of the tank removed by Kuntz Kunz has reported any such contamination to the MPCA and Kunz, at its sole cost, will continue to diligently pursue the procurement of a closure letter form the MPCA pursuant to which the MPCA acknowledges that, based upon the data submitted, that it requires no further remediation or investigation. Lewis shall cooperate with any and all remediation and investigation that may be reasonably associated with the procurement of said closure letter, including but not limited to permitting Kunz to remove and stockpile soils. perform monitoring and other remediation in a l?- F manner which does not unreasonably interfere with the construction of proposed buildings and other improvements by Lewis or Lewis' transferees. Kunz may seek reimbursement of any and all.costs associated therewith through the Minnesota Petro Fund and/or from responsible parties and retain any reimbursements made in connection therewith. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. THE KUNZ OIL COMPANY By - - -1 Gordon C. Lewis Walter M. Kunz Its Vice President . f el 1' Laverne S. Lewis • -13- JOINDER Laurent/Parks Development Company, LLC, a Minnesota limited liability company, which has entered into a purchase agreement with LEWIS to purchase Parcel 5, hereby joins in the foregoing Agreement for the sole purpose of agreeing to the provisions of Section 7(c) thereof, Permitted Temporary Encroachments and Access. Indemnity, Assignment. LAURENT/PARKS DEVELOPMENT, LLC By its cr:aiasos „s E � JOINDER Laurent/Parks Development Company, LLC, a Minnesota limited liability company, which has entered into a purchase agreement with LEWIS to purchase Parcel 5, hereby joins in the foregoing Agreement for the sole purpose of agreeing to the provisions of Section 7(c) thereof, Permitted Temporary Encroachments and Access. Indemnity, Assignment. LAURENT/PARKS DEVELOPMENT, LLC By its cr:aiasos „s L-- E Z EXHIBIT A to Amended and Restated Land Exchange and Purchase Agreement Kunz Parcel to be Conveyed to Lewis (Exchange) Real property located in Hennepin County, Minnesota, described as follows: That part of the property described as follows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows. . Beginning at the Southeast comer of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South fine of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along th6 West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. And That part of Government Lot 8, Section 28, Township 117, Range 21 West, Hennepin County, Minnesota, described as follows Beginning at a point located on a line drawn between the following described points: Point one located on a line parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet: from the intersection of the center line of Eden Prairie Road and said line; and point two located on the south line of said Government Lot 8, 246.8 feet East of the southwest comer of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8; thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 feet; thence westerly at right angles to point of beginning. Which lies northedy'and westerly of a line described as beginning at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet, thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating 4 c EXHIBIT B to Amended and Restated Land Exchange and Purchase Agreement Lewis Parcel to he Conveyed to Kunz (Each` angel That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDMON; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with the" North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH UES Northerly of a line described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. AND WHICH UES Southerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDMON, distant 25.00 feet northerly of the southwest corner thereof, thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly fight -of -way line of the said Soo Line Railroad. and said line there terminating. r EXHIBIT C to Amended and Restated Land Exchange and Purchase Agreement Real property located in Hennepin County, Minnesota, described as follows: That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield. and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1,, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly - extension to a point 25 feet Northerly along said most Easterly line and its ,Northerly extension to a point 25 feet Northerly from the Northeast comer, of Lot 2, in said Block 1; thence Westerly parallel with the North line of said Lot 2 to the East line of Lot 1, in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Govemment Survey thereof. AND WHICH UES Southerly of a line described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDMON; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line .to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of - -way line of the said Soo Line Railroad Company and said line there terminating. EXHIBIT D to Amended and Restated Land Exchange and Purchase Agreement Real property located in Hennepin County, Minnesota, described as follows: That part of Government Lot 8, Section 28, Township 117, Range 21; lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with the' North line of said Lot 2 to the East line of Lot 1, in said Block 1; "thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of aline described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. AND WHICH LIES Southerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner' thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. a � I E � EXHIBIT D to Amended and Restated Land Exchange and Purchase Agreement Real property located in Hennepin County, Minnesota, described as follows: That part of Government Lot 8, Section 28, Township 117, Range 21; lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel with the' North line of said Lot 2 to the East line of Lot 1, in said Block 1; "thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of aline described as follows: Commencing at the intersection of the south line of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. AND WHICH LIES Southerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner' thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. a E s That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South' line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northedy along said most Easterly line and its Northerly extension to a point 25 feet Northerly form the Northeast comer of Lot 2, in said Block 1; thence Westerly parallel with the North line of said Lot 2 to the East line of Lot 1,.-in said Block 1; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Southerly of a line described as follows. Commencing at the intersection of the south line. of said Government Lot 8 and the east line of Block 1, said WANNER ADDITION; thence on a bearing of North, along said east line 239.59 feet to the point of beginning of the line to be described; thence North 89 degrees 57 minutes 18 seconds East 176.19 feet to the westerly right -of -way line of the said Soo Line Railroad Company and said line there terminating. D -2 ' I �^ C E � That part of the property described as follows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows: Beginning at the Southeast comer. of said Lot 1; thence North along the East line of said Lot 1, a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 9 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. And That part of Govemment Lot 8, Section 28, Township 117, Range 21, West, Hennepin County, Minnesota, described as follows: Beginning at a point located on a line drawn between the following described points: Point one located on aline parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet from the intersection of the center line of Eden Prairie Road and said line; and point two located on the south line of said Government Lot 8, 246.8 feet East of the southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8; thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 [--.et; thence westerly at right angles to point of beginning. Which lies southerly and easterly of a line described as beginning at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East,° parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating D =3 l- t i t EXHIBIT E to Amended and Restated Land Exchange and Purchase Agreement Parcel to be Owned by Lewis after Sale and Exchange . Real property located in Hennepin County, Minnesota, described as follows: That part of the property described as follows: Lot 2, Block 1, WANNER ADDITION. And That part of Lot 1, Block 1 of said WANNER ADDITION described as follows: Beginning at the Southeast comer of said Lot 1; thence North along the East line of said Lot 1; a distance of 23.4 feet; thence West parallel with the South line of said Lot 1 a distance of 101 feet; thence South parallel with the East line of said Lot 1, a distance of 22.4 feet; thence West parallel with the South line of said Lot 1 to the West line of said Lot 1; thence South along the West line of said Lot 1 a distance of 1 foot to the Southwest corner of said Lot 1; thence East along the South line of said Lot 1 to the point of beginning. And That part of Government Lot 8, Section.28, Township 117, Range 21 West, Hennepin County., Minnesota, - described as follows: Beginning at a point located on a line drawn between the following described points: Point one located on a line parallel with and distant 221.8 feet east of the west line of said Government Lot 8, which point is distant south 259.4 feet from -the intersection of the center line of Eden Prairie Road and said line; and point two located on the south line of said Government Lot 8, 246.8 feet East of the southwest corner of said Government Lot 8; said point of beginning being 647.9 feet from the south line of said government Lot 8; thence northerly along said drawn line 25 feet; thence easterly at right angles a distance of 90 feet; thence southerly and parallel with said drawn line 25 feet; thence westerly at right angles to point of beginning. Which lies northerly and westerly of a line described as beginning at a point on the west line of Lot 2, .Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the southwest corner thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and said line there terminating E -1 That part of Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota ", lying North of the South 6 feet of said Lot 1, according to the recorded plat thereof. And that part of the property described as follows: That part of Lot 1, Block 1, WANNER ADDITON, lying Northerly of a line described as beginning at a point on the East line of said Lot 1, distant 23.4 feet Northerly from the Southeast corner of said Lot 1; thence Westerly parallel with the south -line of said Lot 1 a distance of 101 feet; thence Southerly parallel with said East line of Lot 1 a distance of 22.4 feet; thence Westerly parallel with said South line of Lot 1 to the West line of said Lot 1 and there terminating, according to the recorded plat thereof. That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel wish: the North line of said Lot 2 to the East line of Lot 1, in said Block�l; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the 'southwest comer thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. E -2 r r E � That part of Lot 1, Block 1, "Edenmoor, Hennepin County, Minnesota ", lying North of the South 6 feet of said Lot 1, according to the recorded plat thereof. And that part of the property described as follows: That part of Lot 1, Block 1, WANNER ADDITON, lying Northerly of a line described as beginning at a point on the East line of said Lot 1, distant 23.4 feet Northerly from the Southeast corner of said Lot 1; thence Westerly parallel with the south -line of said Lot 1 a distance of 101 feet; thence Southerly parallel with said East line of Lot 1 a distance of 22.4 feet; thence Westerly parallel with said South line of Lot 1 to the West line of said Lot 1 and there terminating, according to the recorded plat thereof. That part of Government Lot 8, Section 28, Township 117, Range 21, lying Southerly of the Southerly right -of -way line of Eden Avenue and Westerly of the Westerly right -of -way line of the Soo Line Railroad Company, formerly the Minneapolis, Northfield and Southern Railway, which lies Easterly of a line described as beginning at the intersection of the South line of said Government Lot 8 with the East line of Block 1, WANNER ADDITION; thence Northerly and Easterly along said East line to the most Easterly line of said Block 1; thence Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly along said most Easterly line and its Northerly extension to a point 25 feet Northerly from the Northeast corner of Lot 2, in said Block 1; thence Westerly parallel wish: the North line of said Lot 2 to the East line of Lot 1, in said Block�l; thence Northerly along said East line of Lot 1 and its Northerly extension to said Southerly right -of -way line of Eden Avenue and there terminating, according to the Government Survey thereof. AND WHICH LIES Northerly of a line described as follows: Commencing at a point on the west line of Lot 2, Block 1, said WANNER ADDITION, distant 25.00 feet northerly of the 'southwest comer thereof; thence on an assumed bearing of South 88 degrees 44 minutes 18 seconds East, parallel with the south line of said Lot 2, a distance of 153.93 feet; thence North 0 degrees 03 minutes 08 seconds West 216.63 feet; thence North 89 degrees 57 minutes 18 seconds East 170.49 feet to the east line of said Lot 2 and the point of beginning of the line to be described; thence continuing North 89 degrees 57 minutes 18 seconds East 143.98 feet to the westerly right -of -way line of the said Soo Line Railroad and said line there terminating. E -2 C E EXHMrr F a- R_ to Amended and Restated Land Exchange and Purchase Agreement THIS RECIPROCAL ROAD EASEMENT AGREEMENT ("Agreement "), is made and entered into as of the day of November, 1996, by and among The Kunz Oil Company, a Minnesota corporation ( "Kunz"), Laurent/Parks Development Company, LLC; a Minnesota limited liability company ("Laurent"), and the City of Edina, a municipal corporation (the "City"). A. Kunz is the owner of that certain parcel of land located in the City of Edina, Hennepin County, Minnesota, which is legally described on Exhibit A attached hereto and incorporated herein (the "Kunz Parcel"). B. Laurent is the owner of that certain parcel of land located in the City. of Edina, Hennepin County, Minnesota, which. is legally described on Exhibit R attached hereto and incorporated herein (the "Laurent Parcel"). C. Kunz and Laurent desire to establish for themselves, their successors and assigns and anyone claiming by, through or under any of them, reciprocal easements for vehicular and pedestrian access between their respective parcels and the adjoining public roads, upon the terms and conditions hereinafter set forth. D. The City desires an easement for access, ingress and egress for emergency vehicles in, on, over and across the easements established by Kunz and Laurent upon the terms,and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the Recitals, the mutual covenants contained herein, the mutual benefits to be derived thereby, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Kunz and Laurent do hereby grant, convey and agree as follows: 1. Grant of Easement by Kunz- Kunz hereby grants and conveys to Laurent a nor. - exclusive, perpetual easement for access, ingress and egress of vehicular and pedestrian traffic C' Laurent Access Easement'l to and from the Laurent Parcel -and the public street known as Eden Circle m4 upon, across and over that part of the Kunz Parcel descrbed on Exhibit " attached hereto and incorporated herein ("Kunz Easement Parcel") including the right to enter on the Kuntz. Easement Parcel for the purpose of constructing, reconstructing, maintaining. repairing and resurfacing a paved private road thereon. Kunz reserves the right to relocate the Kunz Easement Parcel, from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that any such relocation does not change the places at which the relocated Kunz Easement Parcel connects with the Laurent Easement Parcel (as defined in Section 2 hereof) or Eden Circle. Any such relocation will be subject to the approval of the owner of the Laurent Parcel, which approval may not be unreasonably withheld. Kunz hereby grants and conveys to the City a non-exclusive, perpetual easement for access, ingress and egress for emergency vehicles, including but not limited to police vehicles, fire trucks and ambulances, in, on, over and across the Kunz Easement Parcel. Kunz reserves the right, to relocate the Kunz Easement Parcel from time to time, but not reduce its width to less than that.set forth on Exhibit C, provided that any such relocation does not change the places at which the relocated Kunz Easement Parcel connc= with the Laurent Easement Parcel (as defined in Section 2 hereof) or Eden Circle. Any such relocation will be subject to the approval of the City, which approval may not be unreasonably withheld. 2. Grant of Fasement by Laurent. Laurent hereby grants and conveys to Kurtz a non - exclusive, perpetual casement for access, ingress and egress of vehicular and pedestrian traffic ( "Kunz Access Easemenel to and from the Kunz Parcel and the public street known as Eden Avenue in, upon, across and over that part of the Laurent Parcel described on Exhibit C attached hereto and incorporated herein ( "Laurent Easement Parcel'I including the right to enter on the Laurent Easement Parcel for the purpose of constructing, reconstructing, maintaining, repairing and resurfacing a paved private road thereon. Laurent reserves the right to relocate the Laurent Easement Parcel, from time to time, but not reduce its width to less than that set forth on Exhibit C, r {1 provided that any such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section 1 hereof) or Eden Avenue. Any such relocation will be subject to the approval of the owner of the Kunz Parcel, which approval may not be unreasonably withheld. Laurent hereby grants and conveys to the, City a non -exclusive, perpetual easement for access, ingress and egress for emergency vehicles, including but not limited to f-we trucks and ambulances, in, on, over and across the Laurent Easement Parcel. Laurent reserves the right to relocate the Laurent Easement Parcel from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section I hereof) or Eden Avenue. Any such relocation will be subject to the approval of the City, which approval may not be unreasonably withheld. 3. Certain Definitions. The Kunz Easement. Parcel and the Laurent Easement Parcel are herein sometimes collectively called the "Access Easement Parcel ". The Kunz Access Easement and the Laurent Access Easement are herein sometimes collectively called the "Access Easement ". The Kunz, Parcel and/or the Laurent Parcel, without further specificity, is herein sometimes referred to as a "Parcel ". 4. Construction of Road- Maintenance. Nothing in this Agreement shall obligate Kunz, Laurent or any future owner of either the Kunz Parcel or the Laurent Parcel to construct or pay any part of the cost of constructing a road on the Access Easement Parcel, or any part thereof. In the event that the owner of either Parcel elects to construct a road on the Access Easement Parcel or any part thereof, it shall do so only in accordance with plans and specifications approved by the owner of the other Parcel, which approval will not be unreasonably withheld. Once a road is constructed thereon, the owner of the Kunz Parcel, at its sole cost, shall be responsible for maintaining the Kunz Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Kunz Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Kunz Easement Parcel. Once a road is constructed thereon, the owner of the Laurent Parcel, at its sole cost, shall be responsible for maintaining the Laurent Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Laurent Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Laurent Easement Parcel. If the owner of either Parcel ("Defaulting Owner") defaults in the performance of its maintenance obligations, and such default shall continue for a period of days or, in the case of the failure to promptly remove snow, ice or other debris, days after written notice from the owner of the other Parcel ("Non-. Defaulting Owner"), the Non - Defaulting Owner, in addition to pursuing any other right or remedy it may have, may perform the obligations of the Defaulting Owner as specified in such notice at the expense of the Defaulting Owner. The amount expended by the Non - Defaulting Owner in performance of such obligations of the Defaulting Owner shall be due and payable on demand and if not paid within ten (10) days of demand shall bear interest from the date of demand a _ E the rate of percent.(%) per annum or the maximum rate permitted by applicable law, whichever is less. 5. Continuous Access. The Access Easement shall be used to provide vehicular access to and from the Kunz Parcel and Laurent Parcel and Eden Avenue and Eden Circle. Neither parry shall construct or permit the construction of any buildings or other structures on the Access Easement Parcel or do or permit any other thing on or to the Access Easement Parcel which may impede, limit, obstruct or restrict vehicular and pedestrian access to and from Eden Avenue and Eden Circle and the Kunz Parcel and the Laurent Parcel. All maintenance work done on the Access Easement Parcel shall be performed in such a manner so as to cause as little interference as possible with the continuing use thereof for the purposes set forth above and at no time, without the owner of the affected Parcel's F -2- E E provided that any such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section 1 hereof) or Eden Avenue. Any such relocation will be subject to the approval of the owner of the Kunz Parcel, which approval may not be unreasonably withheld. Laurent hereby grants and conveys to the, City a non -exclusive, perpetual easement for access, ingress and egress for emergency vehicles, including but not limited to f-we trucks and ambulances, in, on, over and across the Laurent Easement Parcel. Laurent reserves the right to relocate the Laurent Easement Parcel from time to time, but not reduce its width to less than that set forth on Exhibit C, provided that such relocation does not change the places at which the relocated Laurent Easement Parcel connects with the Kunz Easement Parcel (as defined in Section I hereof) or Eden Avenue. Any such relocation will be subject to the approval of the City, which approval may not be unreasonably withheld. 3. Certain Definitions. The Kunz Easement. Parcel and the Laurent Easement Parcel are herein sometimes collectively called the "Access Easement Parcel ". The Kunz Access Easement and the Laurent Access Easement are herein sometimes collectively called the "Access Easement ". The Kunz, Parcel and/or the Laurent Parcel, without further specificity, is herein sometimes referred to as a "Parcel ". 4. Construction of Road- Maintenance. Nothing in this Agreement shall obligate Kunz, Laurent or any future owner of either the Kunz Parcel or the Laurent Parcel to construct or pay any part of the cost of constructing a road on the Access Easement Parcel, or any part thereof. In the event that the owner of either Parcel elects to construct a road on the Access Easement Parcel or any part thereof, it shall do so only in accordance with plans and specifications approved by the owner of the other Parcel, which approval will not be unreasonably withheld. Once a road is constructed thereon, the owner of the Kunz Parcel, at its sole cost, shall be responsible for maintaining the Kunz Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Kunz Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Kunz Easement Parcel. Once a road is constructed thereon, the owner of the Laurent Parcel, at its sole cost, shall be responsible for maintaining the Laurent Easement Parcel at all times as a hard surfaced, paved road, in good condition and repair, and free from ice, snow and other debris. Without limiting the generality of the foregoing, the owner of the Laurent Parcel, at its sole cost, shall perform any necessary repairs to or resurfacing of the portion of the road located on the Laurent Easement Parcel. If the owner of either Parcel ("Defaulting Owner") defaults in the performance of its maintenance obligations, and such default shall continue for a period of days or, in the case of the failure to promptly remove snow, ice or other debris, days after written notice from the owner of the other Parcel ("Non-. Defaulting Owner"), the Non - Defaulting Owner, in addition to pursuing any other right or remedy it may have, may perform the obligations of the Defaulting Owner as specified in such notice at the expense of the Defaulting Owner. The amount expended by the Non - Defaulting Owner in performance of such obligations of the Defaulting Owner shall be due and payable on demand and if not paid within ten (10) days of demand shall bear interest from the date of demand a _ E the rate of percent.(%) per annum or the maximum rate permitted by applicable law, whichever is less. 5. Continuous Access. The Access Easement shall be used to provide vehicular access to and from the Kunz Parcel and Laurent Parcel and Eden Avenue and Eden Circle. Neither parry shall construct or permit the construction of any buildings or other structures on the Access Easement Parcel or do or permit any other thing on or to the Access Easement Parcel which may impede, limit, obstruct or restrict vehicular and pedestrian access to and from Eden Avenue and Eden Circle and the Kunz Parcel and the Laurent Parcel. 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Pemetual Fffecr. Benefited Parties. This Agreement is entered into in connection with the conveyance of real property. All of the terms, covenants, conditions, rights and privileges set forth in this Agreement shall be perpetual and shall be appurtenant to, and run with, the Kunz Parcel and the Laurent Parcel. 14. Governing Law, This Agreement shall be governed and construed by and under the laws of the State of Minnesota. 15. Successors and Assigns, This Agreement shall be binding on, and inure to the benefit of, the parties hereto and their respective personal representatives, successors and assigns. 16. Recording and Filing of this Agreement_ The parties agree that this Agreement shall be recorded in the office of the County Recorder for Hennepin County, Minnesota and/or filed in the Office of the Registrar of Titles for Hennepin County, Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. F .a. THE KUNZ OIL COMPANY By: Walter M. Kunz III Its Vice President LAURENT/PARKS DEVELOPMENT COMPANY, LLC By: Its: CITY OF EDINA By: Its: ft` f E STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1996, by Walter M. Kunz III, the Vice President of The Kunz Oil Company, a Minnesota corporation, on behalf of such corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ' 1996, by , the of Laurent/Parks Development Company, LLC, a Minnesota limited liability company, on behalf of such company. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of ' 1996, by the of the City of Edina, a municipal corporation, on behalf of said municipal corporation. This instrument was drafted by: Gray, Plant, Mooty, Mooty & Bennett, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 343 -2800 Exhibits: A -Legal description of Kunz Property B- Legal description of Laurent Property C -Legal description of Access Easement Parcels 126749139341 GP:272895 v8 F- .5- Notary Public � r R STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1996, by Walter M. Kunz III, the Vice President of The Kunz Oil Company, a Minnesota corporation, on behalf of such corporation. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ' 1996, by , the of Laurent/Parks Development Company, LLC, a Minnesota limited liability company, on behalf of such company. Notary Public STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of ' 1996, by the of the City of Edina, a municipal corporation, on behalf of said municipal corporation. This instrument was drafted by: Gray, Plant, Mooty, Mooty & Bennett, P.A. 3400 City Center 33 South Sixth Street Minneapolis, MN 55402 Telephone: (612) 343 -2800 Exhibits: A -Legal description of Kunz Property B- Legal description of Laurent Property C -Legal description of Access Easement Parcels 126749139341 GP:272895 v8 F- .5- Notary Public f E: R EXHIBIT B Real property located in Hennepin County, Minnesota. legally described as follows: Lou l through 6, inclusive, Eden Office Park. GP:27 =895 vS O t- E E R EXHIBIT C Access Fasement Pareels Real property located in Hennepin County, Minnesota, legally described as follows: An easement for Ingress and egress purposes over and across the most easterly 30.00 feet of Lot 1, Block 1, EDEN OFFICE PARK Real property located in Hennepin County, Minnesota, legally described as follows: An easement for Ingress and egress over and across the south 15.00 feet of that part of Lot 7, Block 1, EDEN OFFICE PARK lying westerly of the northerly extension of that line of said Lot 7 being witnessed by a bearing of North 00 degr"s 00 minutes 00 seconds East and a distance of 35.12 beet, also that part of sold Lot lying 15.00 feet on each side of that line of said Lot 7 witnessed on said plat by a bearing of North 88 degrees •u minutes 18 seconds West and a distance of 325.00 feet, as extended eastediy to the east line of said Lot 7, also that part of the most assteray 30.00 feet of said Lot 7 lying north of the north fine of that 30.00 foot strip described as being centered on the easterly extension of the aforementioned line of Lot 7. F* -s- COUNCIL CHECK REGISTEI WED, JUL 16, 1997, 8:41 PM page 1 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM - --------------------------------- OBJECT PO NUM --------------- 13133 - - - - 07/21/97 -- -------------------- $872.36 --------------------------------------------------------- BACHMANS Plants for PC 108697 CENTENNIAL LAK PARKS 7090 07/21/97 $534.15 BACHMANS Plants for putting cc 108998 CENTENNIAL LAK PARKS 7153 < *> $1,406.51* 13134 07/21/97 $3,620.00 BJORK STONE Retaining wall for PC 070997 CENTENNIAL LAK PARKS < *> $3,620.00* 13135 07/21/97 $4,500.00 MEGA EXCAVATION Boulders 070797 CENTENNIAL LAK PARKS 527 < *> $4,500.00* 13136 07/21/97 $328.73 MTI DISTRIBUTING CO Irrigation supplies I168099 CENTENNIAL LAK PARKS 7286 07/21/97 $76.09 MTI DISTRIBUTING CO Irrigation supplies I168345 CENTENNIAL LAK PARKS 7286 07/21/97 $25.36 MTI DISTRIBUTING CO Irrigation supplies 2168481 CENTENNIAL LAK PARKS 7286 07/21/97 $35.72 MTI DISTRIBUTING CO Irrgation supplies I168594 CENTENNIAL LAK PARKS 7286 07/21/97 $220.09 MTI DISTRIBUTING CO Irrigation supplies 2170406 CENTENNIAL LAK PARKS 7284 < *> $685.99* 13137 07/21/97 $1,500.00 N. Craig Johnson MAI Appraisal fees 070997 GRANDVIEW APPRAISALS < *> $1,500.00* 13138 07/21/97 $288.75 Schumacher's Landscape & Hedging 19657 CENTENNIAL LAK PARKS 7534 < *> $288.75* $12,001.25* MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 7,1997 - 7:00 P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith. CONSENT AGENDA Motion made by Member Maetzold and seconded by Member Hovland to approve the Consent Agenda as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. RESOLUTION OF CONDOLENCE ADOPTED FOR FORMER MAYOR C. WAYNE COURTNEY Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION OF CONDOLENCE WHEREAS, on the 301' day of June, 1997, death brought to a close the active .and productive life of C. Wayne Courtney; and WHEREAS, he served the City of Edina, Minnesota beginning in 1962 with the Village of Morningside Park Board and Village Council, in 1966 as an Edina City Council Member and finally as Mayor of the City of Edina from 1980 through 1988; and WHEREAS, he helped govern Edina as it grew from a "village" to a first class metropolitan suburb of more than 46,000 residents who have recognized and appreciated the quality of life he strove to achieve for the City; and WHEREAS,, he was instrumental in: developing the cable system, redeveloping the 50th and France. commercial area, re- establishment of volunteers on the Edina Fire Department, developing the existing park and recreation system, formation of the Edina Historical Society and development of the Heritage Preservation Board; and WHEREAS, he was awarded the Civic Service Award from the Community of Morningside, the Certificate of Merit from the Association of Metropolitan Municipalities, and the C.C. Ludwig Award for outstanding service from the League of Minnesota Cities; and WHEREAS, he was involved in a great variety of community and state issues of critical interest to the City of Edina. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Edina, Minnesota, does hereby mourn the passing of C. WAYNE COURTNEY and extend condolences to his family. BE IT FURTHER RESOLVED that this resolution be entered in the Minutes of the Edina City Council and that a copy be presented to his family. ADOPTED this 7th day of July, 1997. Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. UPDATE GIVEN ON 1-494 CORRIDOR COMMISSION Ross Thorfinson, Eden Prairie City Council Member and Chair of the 1-494 Corridor Commission and Lisa Raduenz, of LJR, Inc., liaison to the Commission, presented an update entitled, °A New Approach ". Member cities in the Commission are: Bloomington, Eden Prairie, Edina, Maple Grove, Minnetonka, Plymouth and Richfield. The Mission Statement for the Commission is, "To promote the reconstruction of 1-494 from the Minnesota River to 1 -94 in order to increase its people moving capacity and improve mobility for businesses and residents throughout the region." Mr. Thorfinson presented a graph depicting the projected changes in corridor attributes between corridor communities and the seven county metropolitan area and the average daily traffic volumes by segment from 1994 on various trunk highways impacting 1-494. Minutes /Edina City Council /July 7. 1997 Five Goals and Strategies were given as follows: 1. To position the 1-494 Corridor in the top of metro area transportation priorities; 2. To secure adequate funding to achieve the mission; 3. To build lanes for buses, ride - sharing and general use; 4. To increase ride- sharing throughout the 1 -494 Corridor; and 5. To support and expand economic opportunity in the 1-494 Corridor. Mr. Thorfinson indicated the government officials who represent the Commission are: Two U.S. Senators and two U.S. Representatives (40% of delegation) Nine State Senators and thirteen State Representatives (11% of the legislature) Four Metropolitan Council Members (24% of the Council) Four Hennepin County Commissioners (57% of the Board) Member Hovland made a motion supporting the 1-494 Corridor Commission's plan entitled, "A New Approach ", including the five goals and strategies presented. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *MINUTES OF THE REGULAR MEETING OF JUNE 16, 1997, SPECIAL MEETINGS OF JUNE 16 1997 AND JUNE 23, 1997, APPROVED Motion made by Member Maetzold and seconded by Member Hovland approving the Minutes of the Regular Meeting of June 16, 1997, and Special Meetings of June 16, 1997 and June 23,1997. Motion carried on rllcall vote - five ayes. ORDINANCE NO 850 -A11 ADOPTED. - PID, PLANNED INDUSTRIAL DISTRICT TO R -1 SINGLE DWELLING DISTRICT (5229 EDEN AVENUE) Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen informed the Council there had been no changes in the proposed rezoning since the June 16, 1997 meeting when first reading was granted. Public Comment John Menke, 5301 Pinewood Trail, stated the neighborhood residents have no objection to the rezoning. He requested the neighborhood be informed of any pending developments as soon as possible to give residents time to understand and react to the potential impact on the neighborhood. Member Kelly made a motion granting second reading to Ordinance No. 850 -A11 as follows: ORDINANCE NO. 850 -A11 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) BY REZONING PROPERTY TO SINGLE DWELLING UNIT DISTRICT R -1 FROM PLANNED INDUSTRIAL DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding the following thereto: "The extent of the Single Family Dwelling Unit District, is enlarged by the addition of the following property: Page 2 Minutes /Edina City Council /July 7.1997 Parcel : That portion of Lot One, Block One, WANNER ADDITION, also know as 5229 Eden Circle. The extent of the Planned Industrial District PID is reduced by removing the property described above as Parcel 1 the, PID District." Section 2. This ordinance shall be in full force and effect upon its - passage and publication. Attest: City Clerk Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. Mayor *FINAL DEVELOPMENT PLAN CONTINUED TO JULY 21, 1997, 3917 -3929 WEST 50TH STREET (EDINA PROPERTIES) Motion of Member Maetzold seconded by Member Hovland to continue Final Development Plan for 3917 -3929 West 501' Street, Edina Properties, to the July 21, 1997 City Council meeting. Motion carried on rollcall vote - five ayes. VARIANCE APPEAL DEAL APPROVED FOR 5908 VERNON AVENUE (DAVID THOMAS) Assistant Planner Aaker explained the subject property subdivided in 1971 requiring both a lot depth and frontyard setback variance for development. Variances for the property were reviewed in 1980, 1987, and 1994. In 1980 variances were approved by the Zoning Board of Appeals and were upheld by the Council with Findings. No home was built and the variances lapsed. In 1987 identical variances were reviewed and denied by the Zoning Board of Appeals based on house design. The 1987 denial was never appealed to the Council. On July 7, 1994, the Zoning Board of Appeals heard -and denied identical variances based on house design. The City Council upheld the Zoning Board's denial August 1, 1994, after the property owners appealed. The Zoning Board of Appeals heard and denied the property owners request for identical variances June 19, 1997. Dave Thomas, the property owner is now appealing the variance denial. Assistant Planner Aaker noted the frontyard setback variance has been reduced from 28 feet to 4 feet 4 inches. The reduction in the variance does not reflect a design change. The change reflects the Zoning Board's interpretation (under the City Attorney's direction) of "Established Avenue Frontyard Setback ". An appeal to the Zoning Board, unrelated to this requested established that a frontyard setback requirement.of 30 feet must be maintained if less than 25 percent of lineal frontage on the street between intersections is occupied by buildings having front setbacks of more or less than 30 feet. Only one home fronts Vernon Avenue between intersections and it has less than 25 percent of the total lineal frontage along the block. Instead of requiring that the proposed house match the 58 foot setback of the neighbor, the Zoning Board determined (by clarification of the Ordinance from the City Attorney) that the lot has a frontyard setback requirement of 30 feet. Member Kelly asked Attorney Gilligan to explain his rationale for assuming a lot depth variance is not required for the subject property as stated in his written opinion. Attorney Gilligan explained the subject lot is a platted lot created in 1971 when the City Council approved a two -lot subdivision. Based upon Attorney Gilligan's review of the City's subdivision ordinance in effect in 1971, it is his opinion that the approval of 'the subdivision included an approval of a variance with respect to the 120 -foot lot depth requirement. In approving the subdivision the City Council created a buildable lot where a single family dwelling unit could be built subject to compliance with the conditions of the subdivision approval and other requirements of the City's zoning ordinance. Page 3 ll. 1 _ •.1 i The City's process was to consider items such as lot depth, lot width and lot size at the time of subdivision approval, therefore, the subject lot does not need a lot depth variance since it was granted when the subdivision was granted. Attorney Gilligan continued stating the owners of a lot adjacent to the subject property have asserted that the City may not grant a variance because Mr. Thomas knew of the zoning restrictions when he purchased the property, and therefore, the hardship is self- created. The Minnesota Court of Appeals in a decision released earlier this year (Myron v. City of Plymouth, 562 N.W. 2nd 21) held that actual or constructive knowledge of a zoning ordinance before a purchase of land does not mean that hardships resulting from a zoning restructuring were self- created within the meaning of the "undue hardship" requirement. This decision overruled previous decisions of the Court of Appeals which held that a self- created hardship exists when a person purchases land with knowledge actual or instructive of zoning restrictions in effect at the time of purchase. Therefore, in the case of the appeal presently under consideration, the fact that Mr. Thomas may have been aware of the zoning restrictions limiting development of the Vernon Avenue lot-at the time of his purchase of the lot does not bar the City from granting a frontyard setback variance. Attorney Gilligan concluded that since no lot depth variance is required to construct a house on the lot, it is possible to construct the proposed house on the lot in a location that does not require a variance. However, by granting a frontyard setback variance the house can be located further away from the property located to the north of the lot at 5540 Dundee Road and lessen the impact of the house on that property. Member Faust asked about the backyard setback and the location of the deck. Assistant Planner Aaker explained that a deck may come within five feet of the property line in the rearyard. Member Hovland asked about the potential drainage issue relative to the house on Dundee. Assistant Planner Aaker responded that .reviewing drainage is part of the building permit process. Engineer Hoffman added a permit is not issued that would put more run off onto an adjacent property. He continued that the proponent would need a survey, from a registered land surveyor showing the existing drainage before any excavation or building, and a plan showing the proposed method to handle drainage after the house is built. No permit is issued where it would negatively impact drainage of adjacent property. Member Faust questioned whether this house could be built without any variances. Assistant Planner Aaker replied that yes the proponent has positioned the house parallel to Vernon Avenue and in so doing requires the frontyard setback variance for the portico. However, the proponent could position the house parallel to Dundee Road and build the house as designed without needing any variance. Member Maetzold asked about the bay windows on the proposed house because it appears they extend into the setback as well as the portico. Assistant Planner Aaker explained bay windows are allowed to extend into the setback, however, porticos must meet setback or get a variance. Proponent Presentation Dennis Trooien, attorney for proponent Dave Thomas, noted that both Mr. Thomas and his son were in attendance and would answer any questions. Mr. Trooien pointed out that Mr. Thomas could reposition the proposed house and build it without any variances needed. However, Mr. Thomas, in an effort to work with the neighbors and the City has rotated the house to parallel Vernon Avenue, he has eliminated one deck from the rear of the house and reduced the size of the remaining deck, and he has pushed the house down six feet. Mr. Trooien urged Council grant the four foot four inch front yard setback variance for Dave Thomas. Page 4 Minutes /Edina City Council /July 7. 1997 Sylvia Logerquist, 5540 Dundee Road, expressed concern. Ms. Logerquist stated she recognized the right of the property owner to develop their land in the manner they choose, however, the, proposed home's huge elevations raises the following concerns: 1. Drainage - Dundee Road area is a flood zone already and there is concern with the outcome of disturbing an area that previously absorbed run off. 2. The variance requested is excessive for the lot size. 3. The proposed home is too massive for the lot. 4. The proposed home's architecture is incompatible for the neighborhood. 5. Steep slope of lot downward to Dundee Road, approximately 14 feet Ms. Logerquist submitted a statement signed by three area neighbors who share her concerns and oppose granting the requested variance. Council Discussion /Action Council briefly discussed the various concerns relative to the requested variance. Questions were raised regarding City Code, architecture, and massing. Attorney Gilligan noted the City Code does not govern either architecture or the mass of a structure. The Code does govern lot coverage or the largest foot print a structure may cover. Mayor Smith noted after the discussion the question before the Council was whether to grant the four foot four inch variance or to uphold the denial. He added the proponent could, if the Council denied the variance build the same house repositioned the house on the lot parallel to Dundee Road. Member Hovland introduced the following resolution and moved its adoption RESOLUTION GRANTING A VARIANCE FROM THE FRONT YARD SETBACK NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Edina, Minnesota hereby grants a four foot four inch front yard setback variance to Dave Thomas for the property located at 5908 Vernon Avenue subject to three conditions: 1. Proponent obtains the necessary curb cut permit from Hennepin County; 2. Drainage plans receive satisfactory review of City staff; and 3. Proponent secures any necessary Watershed District permits. Adopted this 7"' day of July, 1997. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Resolution adopted. FINAL PLAT APPROVED - DOEPKES ADDITION (5920 WEST 70TH STREETI Planner Larsen noted the subject property is'a developed single dwelling lot with an existing home located on the southwesterly portion of the lot. The proposed subdivision would create two lots identical in size and shape. The existing house would encroach on the new lot and would need to be moved, remodeled, or razed. He concluded stating the final plat is identical to the preliminary plat approved May 19, 1997. Member Faust introduced the following resolution and moved its adoption: RESOLUTION GRANTING FINAL PLAT APPROVAL TO DOEPKES DIVISION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, " DOEPKES DIVISION ", platted by Lori Baron, and presented at the regular meeting of the City Council on July 7, 1997, be and is hereby granted final plat approval with two conditions: 1. Subdivision Dedication of $14,000 based upon unimproved land Value of $175,000; 2. Payment of Utility Connection Charges. Passed this 71 day of July, 1997. Member Hovland seconded the motion. Rollcall: Page 5 Minutes /Edina City Council /July 7.1997 Ayes: Faust, Hovland, Kelly, Maetzold, Smith Resolution adopted. HEARING DATE SET OF AUGUST 4, 1997, FOR AMENDMENT TO SECTION 815 (ANTENNAS AND TOWERS. Planner Larsen noted the Council met June 23, 1997, with the radio frequency consultant. Staff recommends the Council set the public hearing to consider the proposed amendments to Section 815 of the Code Antennas and Towers. Member Maetzold moved to set the public hearing date of August 4, 1997, to consider the proposed amendments to Section 815 Antennas and Towers. Mayor Smith seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *LOT DIVISION GRANTED FOR 6312 HILLSIDE ROAD (PATRICK AND CONNIE FLANEEM Member Maetzold introduced the following resolution, seconded by Member Hovland and moved its adoption: RESOLUTION WHEREAS, the following described tracts of land constitute two developed parcels with frontage on Hillside Road% Lots 8 and 9, Block 1, VALLEY VIEW HEIGHTS, according to the recorded plat thereof and situated in Hennepin County, Minnesota, and WHEREAS, the owners of the above described tracts of land desire to subdivide said tracts into the following described new and separate parcels: PARCEL ONE. That part of Lot 9, Block 1, VALLEY VIEW HEIGHTS, according to the recorded plat thereof and situated in Hennepin County, Minnesota, lying west of a line described as beginning on the north line of said Lot 9, distant 33.00 feet west of the northwest corner, thence southerly to a point on the south line of said Lot 9, distant 26.00 feet west of the southeast corner and there terminating. PARCEL TWO: Lot 8 and that part of Lot 9, Block 1, VALLEY VIEW HEIGHTS, according to the recorded plat thereof and situated in Hennepin County, Minnesota, lying east of a line described as beginning on the north line of said Lot 9, distant 33.00 feet west of the northwest corner, thence to a point on the south line of said lot 9, distant 26.00 feet west of the southeast corner and there terminating. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof,as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Passed and adopted this 7 " day of July, 1997. Motion carried on rollcall vote - five ayes. FIRST READING GRANTED FOR ORDINANCE NO, 1997 -8, A MORATORIUM ON INSTALLATION OF FIBEROPTIC CABLE IN CITY RIGHTS -OF -WAY Assistant Manger Hughes reminded Council on June 16, 1997, they had considered a proposed agreement with KMC Telecom Inc., with respect to the installation of fiberoptic cables in portions of the City. Staff recommended approval of the proposed agreement. After discussion, the City Council directed. staff to prepare an ordinance creating a moratorium on fiberoptic installations until the City had a chance to prepare and adopt a new right -of -way ordinance consistent with the newly enacted state law. Page 6 Minutes /Edina City Council /July 7.1997 Staff continues to believe the proposed agreement with KMC Telecom provides adequate protection to the City pending adoption of a new right -of -way ordinance. The proposed agreement provides that KMC Telecom will agree to comply with any new requirements imposed by the City due to a future ordinance. The Council could grant an exception to the moratorium ordinance for KMC Telecom as well as other providers that enter into agreements with the City, similar to that proposed by KMC Telecom. Staff believes such an exception would allow the provider to commence installation of their system this summer with little risk to the City. Previous installations of the system have been approved by the cities of Bloomington, Eden Prairie, Chaska and Chanhassen. Assistant Manager Hughes said representatives of KMC were present and would briefly describe fiberoptic technology and their proposal for Edina. Tricia Breckenridge, Vice President of Business' Development for KMC Telecom, stated KMC proposes to lay 20 -25 miles of multiple loop cable through the business community of Edina. Their installers follow standards set by an impartial group, Belcor /AT &T, the same standards followed by all fiberoptic providers. She reiterated KMC fully plans to follow all ordinance guidelines and would provide the City of Edina with detailed mapped plans of their installations, payment of fees and "as- built" drawings when installation is completed. KMC also agrees to comply with Edina's ordinance when it is enacted. Roy Choates, Director of Construction for KMC Telecom, gave a brief overview of KMC's installation procedures. . .. - He reiterated the Edina Engineering" Department would be furnished mapping plans that must receive approval before KMC began installation. Following a brief Council discussion Mayor Smith directed staff to present a draft right -of -way management ordinance to the Council at their July 21, 1997, regular Council meeting. Member Maetzold introduced the following ordinance and moved waiver of second reading and adoption: ORDINANCE NO. 1997 -8 AN ORDINANCE PLACING A MORATORIUM ON ISSUANCE OF PERMITS FOR INSTALLATION OF CERTAIN TELECOMMUNICATION FACILITIES IN PUBLIC RIGHTS -OF -WAY THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS Section 1. Purpose, The Minnesota Legislature at its 1997 Regular Session enacted Minnesota Laws 1997, Chapter 123, which relates to the regulation by local governments of the location of facilities for transporting telecommunications or other voice or data information in the public rights -of -way. The City is conducting studies for the purpose of considering amendment of official controls, as defined in Minnesota Statutes, Section 462.352, Subd. 15, with respect to the regulation of the location of telecommunication facilities in public rights -of -way pursuant to the authority contained in Minnesota Laws 1997, Chapter 123. However, while the amendments to official controls are being considered, applications for permits under Section 420 for location of new telecommunications facilities in the public rights -of -way of the City, continue to be made. Therefore, in order to protect the planning process and the health, safety and welfare of the citizens of Edina, it is necessary and desirable to impose the following moratorium pursuant to the authority granted by Minnesota Statutes, Section 462.355, Subd. 4. Section 2. Moratorium. From the effective date of this ordinance to and including 120 days following such effective date, subject to earlier termination or extension by the Edina City Council, the City Council, the Building Official, and the Edina City staff shall not grant any permits for the installation of telecommunication facilities for any new fiber optic network system in public rights -of -way of the City. Page 7 Minutes /Edina City Council /July 7.1997 Section 3. Effective Date. This ordinance shall be in full force and effect on, and the effective date of this ordinance shall be, July 7, 1997. Member Faust seconded the motion. Attest: City Clerk Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Ordinance adopted. Mayor ORDINANCE NO 1997 -6 ADOPTED - AN ORDINANCE AMENDING CODE SECTION 155 - DISPOSAL OF UNCLAIMED PROPERTY Police Chief Bernhjelm reminded Council Ordinance No. 1997 -6, an Ordinance Amending Code Section 155, Disposal of Unclaimed Property received First Reading at the June 2, 1997. He presented the Council with a proposed contract with the City Store, Inc. The City Store, a non - profit corporation is a cooperative venture between the City of Minneapolis and the people of the Phillips neighborhood. The City Store qualifies under the requirements of the State Statute and the proposed ordinance to dispose of property for the City. Member Kelly moved second reading and adoption of Ordinance No. 1997 -6 as follows: ORDINANCE NO. 1997 -6 AN ORDINANCE AMENDING SECTION 155 OF THE CITY CODE TO PROVIDE ALTERNATE MEANS OF DISPOSING OF UNCLAIMED PROPERTY THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS Section 1. Subsection 155.02 of the City Code is amended to read as follows: "155.02 Disposal of Unclaimed Prop. Any such property which has been in the custody of the Police Chief for a period of 60 days may be sold in accordance with either of the methods provided in Subd. 1 and Subd. 2 of this Subsection. All proceeds of the sale, less costs attributable to the sale, shall be delivered to the Treasurer and deposited in a fund entitled "General Fund -Sale of Property". If the owner of any such property sold in accordance with this Section shall furnish evidence of ownership satisfactory to the Police Chief within six months after the date of sale, the Treasurer shall deliver to said owner the proceeds of the sale of the property less any costs attributable to the sale. Subd. 1 Public Sale. Unclaimed property may be sold to the, highest bidder at a public sale following not less than ten days prior notice published in the official newspaper of the City. Subd. 2 Private Sale. The City, at any time and from time to time, may enter into contracts with nonprofit organizations that have a significant mission of community service, for the purpose of disposing of unclaimed property through the sale of such property by such nonprofit organizations. If the City so contracts, unclaimed property shall be disposed of in accordance with the terms and conditions set out in such contracts. Section 2. Subsection 155.03 of the City Code is amended to read as follows: 155.03 Record. A record shall be kept listing each item of property, the date and circumstances under which possession by the City was acquired, the date of publication of notice of public sale if sold pursuant to Subd 1 of Subsection 155.02, the date the property was transferred to a non - profit organization if sold pursuant to Subd. 2 of Subsection 155.02, the date of sale, and the proceeds of the sale less any costs attributable to the sale." Section 3. Effective Date. Following publication the effective date of this ordinance shall be, July 16, 1997. Page 8 Attest: City Clerk Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Ordinance Adopted. Minutes /Edina City Councol/July 7 1997 Mayor *AWARD F BID FOR PARK FENCING AT COURTNEY FIELDS AND PAMELA PARK CONTINUED TO JULY 21. 1997 Motion of Member Maetzold seconded by Member Hovland to continue the bid award for park fencing at Courtney Fields and Pamela Park to July 21, 1997. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR WEBER PARK BASKETBALL COURTS RECONSTRUCTION CONTRACT 97 -22K Motion made by Member Maetzold and seconded by Member Hovland for award of bid for Weber Park basketball courts reconstruction contract 97 -2PK to recommended low bidder, Alber Asphalt Co., at $19,450:00. Motion -carried on rollcall vote - five ayes. *BID AWARDED FOR FOUR SNOW BLOWERS FOR SIDEWALK PLOWS Motion made by Member Maetzold and seconded by Member Hovland for award of bid for four snow blowers for sidewalk plows to recommended low bidder, Scharber and Sons under State Contract No. 30812282 at $20,034.78. Motion carried on rollcall vote - five ayes. *RESOLUTION APPROVED AUTHORIZING AGREEMENT BETWEEN THE CITY OF RICHFIELD D THE CITY OF EDINA RELATING TO THE IMPROVEMENT OF WEST 76TH STREET WEST OF 1-35 Motion made by Member Maetzold and seconded by Member Hovland authorizing approval of the resolution as follows: RESOLUTION AUTHORIZING APPROVAL OF AGREEMENT BETWEEN THE CITY OF RICHFIELD AND THE CITY OF EDINA RELATING TO THE IMPROVEMENT OF WEST 76T" STREET WEST OF I -35W WHEREAS, the City of Edina and the City of Richfield desire to execute a Joint Powers Agreement for an Improvement Project for West Vh Street west of 1 -35W; and WHEREAS, the City of Richfield has proposed resurfacing West 76`" Street and related improvement between 1 -35W and Xerxes Avenue, extending a short distance into the City of Edina; and WHEREAS, both the Cities of Edina and Richfield desire to make the proposed road resurfacing improvement using Municipal State Aid Funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina: 1. Richfield will be responsible for awarding the construction contract and supervision of construction of the improvements on West 76`" Street under Municipal State Aid Project Nos. 120 - 136 -12 (Edina) and 157- 361 -19 (Richfield). 2. Edina and Richfield will share the cost of the Project per the Preliminary Schedule 1 (Engineer's Estimate). This schedule will be revised based upon actual construction costs at the Project completion. 3. The Mayor and City Manager are authorized to execute the Joint Powers Agreement with the City of Richfield for the Improvement Project for West 76th Street west of I- 35 W. Adopted this 7th day of July, 1997. Motion carried on rollcall vote - five ayes. Page 9 Minutes /Edina City Council /July 7.1997 CHICO'S TACOS LICENSES REVOKED Manager Rosland noted the Minnesota Department of Revenue has sent the City a "Notice of Revocation of License ". After receiving this notification under MS270.72 the City must take action revoking all licenses held by Chico's Tacos. The management of Chico's Tacos have been notified and are currently taking action. Member Maetzold made a motion revoking food and 3.2 beer license #50046 and wine license. #020 -97 for Chico's Tacos, 7078 Amundson Avenue until the necessary tax clearance has been obtained from the Minnesota Department of Revenue. Member Kelly seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *PETITION RECEIVED FOR BACKYARD REGRADE FOR PROPERTY AT 5042 GREEN FARMS ROAD Motion made by Member Maetzold and seconded by Member Hovland acknowledging receipt of a petition for regrading the backyard at 5042 Green Farms Road and to refer it to Engineering for processing as to feasibility. Motion carried on rollcall vote - five ayes. CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated July 1, 1997, and consisting of 53 pages: General Fund $339,887.31; Communications $16,386.40; Working Capital $23,971.61; Art Center $21,940.86; Swimming Pool Fund $35,732.88; Golf Course Fund $50,987.43; Ice Arena Fund $17,306.18; Gun Range Fund $499.26; Edinborough /Centennial Lakes $48,286.53; Utility Fund $398,505.34; Storm Sewer Utility Fund $6,493.41; Liquor Dispensary Fund $308,650.39; Construction Fund $22,754.24; Park Bond Fund $517,321.82; 1-494 $425.00; TOTAL $1,809,148.66. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. There being no further business on the Council Agenda, Mayor Smith declared the meeting adjourned at 10:10 P.M. City Clerk Page 10 MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 7, 1997 -- 5:00 P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith. Mayor Smith stated that the purpose of the Special Meeting was to consider proposed 1998 Budget Assumptions. BUDGET ASSUMPTIONS Manager Rosland reminded the Council that it had considered the Budget Assumption recommendations: of..the. staff at a•special meeting .held June 16, 1997. Manager Rosland noted that the.Council had. requested additional information .regarding: Equipment Replacement Fund, Five Year -Budget Detail, Five year history of Fire Department overtime, and an analysis of the City's Contribution to. Employee -Health Coverage as a. percent compared to. other cities.. He stated this information had been sent to-the Counciliwith their packets for the regular meeting. Manager Rosland briefly reviewed the proposed Budget Scenario 2 that provides a 4.56% increase in revenue; a 4.43% increase in expenditures, -had a 0.59% impact on the total .tax bill and was still within the:levy ,limits. imposed by the 1997. legislature. Following discussion of the City Council Mayor Smith directed. Manager Rosland to prepare a formal City ,Budget based upon Scenario 2:. Mayor Smith reminded -Council that this budget would be- presented in draft form at the August 13, 1997 Special Budget Meeting. There being no further business; the meeting adjourned at 6:50 p.m. with no formal action taken. City Clerk y. rk 110 VO - VconpOI:Acyl• 1888 To: MAYOR AND COUNCIL From: GORDON L. HUGHES Date: July 21, 1997 Subject: REPORT /RECOMMENDATION Agenda Item # jIL& Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA © To Council Action © Motion ,ORDINANCE NO. 1997 -9, AN ❑ Resolution ORDINANCE REPEALING SECTION_ 420 OF THE CITY CODE AND ❑ Ordinance REPLACING IT WITH A NEW ❑ Discussion SECTION 421 FOR THE PURPOSE OF MANAGING PUBLIC RIGHTS - OF -WAY Recommendation: Grant First Reading. Info /Background: At the July 7, 1997, meeting, the City Council directed staff to prepare a new ordinance regulating the use of public rights -of -way. The attached ordinance repeals Section 420 of the Code which is our current ordinance regulating excavations in the right -of -way and replaces it with a much more comprehensive ordinance which regulates all facets of right -of -way use. This ordinance is based on other City ordinances as well as a model ordinance that has been prepared by the League of Minnesota Cities. This ordinance would regulate not only telecommunications providers but also other utilities or other private facilities and uses which are placed in the right -of way. REPORT/RECOMMENDATION - ORDINANCE NO. 1997 -9 July 21, 1997 Page two Copies of the proposed ordinance have been provided to KMC Telecom, and OCI Communications, Inc., both of whom desire to install fiberoptics systems within the City. Copies have also been sent to the various public utilities which now occupy our right -of -way. It must be noted that these utilities have only had a couple of days to review the proposed ordinance due to our tight time schedule. Accompanying the proposed right -of -way ordinance will be an ordinance amending Section 185 of the City Code to provide new and revised fees for right -of -way management. This ordinance will require more work on our part. The new telecommunications law provides that fees may be charged to cover the City's cost of managing the right -of -way. These fees must be based on our cost and must be proportionately allocated among the various users of the right -of -way, including the City. The new law also specifically prohibits the imposition of "user fees" against telecommunications providers. Staff requests an additional two weeks to prepare our recommendations concerning fees. 1 EDINA ORDINANCE NO. 1997- 9 AN ORDINANCE REPEALING SECTION 420 OF THE CITY CODE AND REPLACING IT WITH A NEW SECTION 421 FOR THE PURPOSE OF MANAGING PUBLIC RIGHTS -OF -WAY The City Council of the City of Edina Ordains: Section 1. Section 420 of the City Code is repealed in its entirety. Section 2. The City Code is amended by adding a new Section 421 as follows: Section 421 - Right -of -Way Management 421.01 Findings and Purpose. The City holds the rights -of -way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights - of -way. It also recognizes that some persons, by placing their equipment in the right -of- way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and /or profit through their use of public property. To provide for the health, safety and well -being of its citizens, and to ensure the structural integrity of its streets and the appropriate us of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights -of -way, a primary cause for the early and excessive deterioration of its rights -of -way is frequent excavation. This Section imposes reasonable regulations on the placement and maintenance of equipment currently within its rights -of -way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies.. Under this Section, persons disturbing and obstructing the rights -of -way will bear a fair share of the financial responsibility for their integrity. Finally, this Section provides for recovery of out -of- pocket and projected costs of the City from persons using the public rights -of- way. 421.02 Definitions. The following words, terms and phrases, as used herein, have the following meanings: City Cost. The actual cost incurred by the City for public rights -of -way management; including, but not limited to costs associated with registering applicants; issuing, processing, and verifying right -of -way permit applications; 1 inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving facilities during public right -of -way work; determining the adequacy of right -of -way restoration; restoring work inadequately performed; mapping of "as built" locations of facilities located in rights -of -way; and revoking right -of -way permits and performing all other tasks required by this Section, including other costs the City may incur in managing the provisions of this Section. Degradation. The accelerated depreciation of the right -of -way caused by excavation in or disturbance of the right -of -way, resulting in the need to reconstruct such right -of -way earlier than would be required if the excavation did not occur. Degradation Cost. Money paid to the City to cover the cost associated with a decrease in the useful life of a public right -of -way caused by excavation. Emergency. A condition that 1) poses a clear and immediate danger to life or health, or of a significant loss of property; or 2) requires immediate repair or replacement in order to restore service to a customer. Equipment or Facilities. Any tangible thing in any right -of -way; but shall not include boulevard plantings or gardens planted or maintained in the right -of -way between a person's property and the street curb. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right -of -way. Obstruct. To place any tangible object in a right -of -way so as to hinder free and open passage over that or any part of the right -of -way. Permit. A permit issued pursuant to this Section. Permit Holder. Any person to whom a permit to excavate or place equipment or facilities in a right -of -way has been granted by the City under this Section. Registrant. Any person who, 1) has. or seeks to have its facilities or equipment located in any right -of -way, or 2) in any way occupies or uses, or seeks to occupy or use, the right -of -way or place any equipment or facilities in the right-of- way. Restore or Restoration. The process by which the right -of -way and surrounding area, including pavement and foundation, is returned to the same or better condition that existed before the commencement of the work. Restoration Cost. Money paid to the City by a permittee to cover the cost of restoration. Service or Utility Service. Includes but is. not limited to 1) those services provided by a public utility as defined in Minn, Stat. $ 21613.02, Subds. 4 and 6; 2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; 3) the services provided by a corporation, organized for the purposes set forth in Minn, Stat. $ 300.03; 4) the services provided by a district heating or cooling system; and 5) cable communications systems as defined in Minn Stat. Chap. 238. Telecommunication Rights-of-Way User. A person owning or controlling a facility in the public right -of -way, or seeking to own or control a facility in the public right -of -way, that is used or' is intended to be used for transporting - telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural-gas or electric energy services are not telecommunications right -of -way users. 421.03 Registration. Subd. 1 Registration Required. No person shall construct, install, repair, -remove, relocate or perform any work within any right -of -way without .first being registered pursuant to this Subsection. Such registration shall be made on an -application form provided by the Engineer and shall be accompanied by the ' registration fee provided in Section 185 of this Code. Subd. 2 Registration Information. The registrant shall provide the following at the time of registration and shall promptly notify the City of changes in such information: A. Registrant's name, address, telephone number, facsimile number and Gopher One -Call registration certificate number if required by State law. B. Name, address, telephone number, and ' facsimile number of the person responsible for' fulfilling the obligations of the registrant. C. A Certificate of Insurance from a company licensed to do business in the State of Minnesota providing coverage in the following amounts. D. 24 hour emergency number. 3 0 1. GENERAL LIABILITY:' Public° Liabft ty(9Ancludin� p gn�iaas� p�oduc ° sand com' plete,ope4tio4S O ° 1) Bodily Injury Liability $1,000,000 each person $3,000,000 each occurrence 2) Property Damage Liability or $3,000,000 each occurrence 3) Bodily Injury and Property Damage Combined $3,000,000 single limit Z: COMPREHENSIVE Automobile Liability.,!-, nsurance; including `;Awned, non - ` owned a °nd hiredveMi les ` 1) Bodily Injury Liability $1,000,000 each person $3,000,000 each occurrence 2) Property Damage Liability $3,000,000 each occurrence 3) In lieu of 1) and 2) $3,000,000 single limit Bodily Injury and Property Damage Combined 3: Such certlfl� ate .shaft verify that the registrant is Insures( °.agalnsts' ctairri� for personal Injury,,, fnclu.diing death, as well asA clams fora p opo�rt damage ,4rising out of the (I),use and occupancyW the aright -of way by the registrant, its officers, agents, employees and permittees, land (it) placeirlrent =and pus® of egOipmont or facilities In the right- of-inray b - the registrant its-:o' lcers1aa' t s, eMploye�es' and:. permittees, ;Including; but, not limited to, protection against 'liability arlsing� from completed operations; damage of ' underground °equipment ,° and °fcallapse of property. Such certificate shall also'.name the.`City as., ii yidditiona[ °insured ss to 'b1G whom. the, coverage's .required her ®in are In force and:ap f<ic and: for whom defense will be °proviided as o all such cove s�, Such "certifiicate shailo regylre that the Engineer be notified.30 days, prior to canceifatlon,,ofuthwpol'ic' �. E. An indemnity in a form satisfactory to the Engineer indemnifying and holding the City and the City's officials harmless from any loss, cost, damage and expense arising out of the use of any rights -of -way. F. Such other information the City may require. Subd.3 Exceptions. The following are not subject to the requirements of this Subsection. A. Persons planting or maintaining boulevard plantings or gardens. B. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots. 4 C. Persons engaged in snow removal activities. D. Persons installing street furnishing, bus stop benches and shelters. E. Persons installing vending machines. F. Persons installing irrigation systems. G. Federal; State, County, and City activities. H. Persons installing pet containment systems. I. Plumbers licensed in accordance with Section 440 of this Code. 421.04 Permit Required; Bond; Exceptions. No person, shall excavate, dig, tunnel, trench, or install any. facilities, equipment or improvements above, on, or beneath the surface of any right -of -way in the City without first obtaining a permit pursuant to this Subsection. Subd. 1 Application; Fee. An application for a permit shall be made on forms provided by the Engineer and shall be accompanied by the fees set forth in Section 185 of this Code which are established to reimburse the City for City costs. The application shall also be accompanied by the following: A. Scaled drawings' showing the location of all facilities and improvements proposed by the applicant. B. A description of the methods that will be used for installation. C. A proposed schedule for all work. D. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work. E. The location of any public streets, sidewalks or alleys that will be disrupted by the work. F. A description of methods for restoring any public improvements disrupted by the work. G. Any other information required by the Engineer. 5 Subd. 2 Security. A surety bond, letter of credit or cash deposit in the amount determined by the Engineer but not less than $5,000, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the State. Security required pursuant to this Subd. 2 shall be conditioned that the holder will perform the work in accordance with this Section and applicable regulations, will pay to the City any costs incurred by the City in performing work pursuant to this Section; and will indemnify and save the City and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the City, Council or any City officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit shall be held by the City until completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. Subd. 3 Permit Issuance; Conditions. The Engineer shall grant a permit upon finding the work will comply with applicable sections of this Code. The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any City official or police officer. The Engineer may impose reasonable conditions upon the issuance of the permit and the. performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right -of -way, to protect the property and safety of other users of the right - of -way, and to minimize the disruption and inconvenience to the traveling public. No permit shall be issued to anyone who has failed to register in accordance with Subsection 421.03. Subd. 4. Exceptions. No permit shall be required for the following: A. Landscaping work B. Fences, driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts and pillars C. Snow removal activities D. Vending machines E. Irrigation systems provided that the system does not connect directly to water mains in the right -of -way F. Activities of the Federal, State, County or City G. Installation and maintenance of sewer or water services provided that no excavation or other work is done within a street, sidewalk or alley C.1 and all work is confined to un- improved portions of rights -of -way or easements. 421.05 Diligence in Performing Work. Work shall progress in an expeditious manner until completion in order to avoid unnecessary inconvenience to traffic. Expeditious manner shall mean consistent and continuous progress with the work with no one delay longer than 15 hours except as allowed by the permit. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the City may, after 24 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the City. 421.06 Standards During Construction or Installation. The permit holder shall comply with the following standards when engaging in the work: A. Observe and comply with all laws, rules and regulations of the State and City and take such precautions as are necessary to avoid creating unsanitary conditions. B. Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic. C. Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. D. In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford it restricted use of the area and comply with MUTCD traffic safety signing requirements. E. Exercise precaution at all times for the protection of persons, including employees and property. F. Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night. G. Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave -ins endangering life or tending to enlarge the excavation. H. Protect the root growth of trees and shrubbery. I. Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other high -type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the Engineer unless otherwise authorized.' When this type of installation is made, a casing of larger dimension shall be used to sleeve or encase the service pipe or conductor. J. When removing pavement of Portland Cement Concrete, asphalt concrete or high -type built -up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of 7 nine inches beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration. K. To obtain a straight edge and neat - appearing opening in pavement surfaces, the following procedure is. required: 1) Portland Cement Concrete Pavement - The surface shall be saw - cut scored two inches deep and the concrete broken out' by sledge or pneumatic hammer chisel. 2) Asphalt Concrete - The surface shall be cut full depth by pneumatic hammer chisel. L. Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the City. M. Excavations, trenches and jacking pits shall be protected when unattended.to prevent entrance of surface drainage. N. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. O. No lugs damaging to roadway surfaces may be used. P. Dirt or debris must be periodically removed during construction. Q. Other standards and requirements of the Engineer. 421.07 Repair and Restoration. Subd. 1 Schedule. The work to be done under the permit, and the repair and restoration of the right -of -way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder or when work was prohibited as unseasonal or unreasonable.. In addition to repairing its own work, the permit holder must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same, or better condition that existed before the commencement of the work. Subd. 2 General Standards. The permit holder shall perform repairs and- restoration according to the standards and with the materials specified by the Engineer. The Engineer shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general, application or on a case -by -case basis. The Engineer in exercising this authority shall be guided by the following standards and consideration: A. The number, size, depth and duration of the excavations, disruptions or damage to the right -of -way. B. The traffic volume carried by the right -of -way; the character of the neighborhood surrounding the right -of -way; C. The pre- excavation condition of the right -of -way; the remaining life- expectancy of the right -of -way affected by the excavation; 0 D. Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right -of -way that would otherwise result from the excavation, disturbance or damage to the right -of -way; and E. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right -of -way that would otherwise take place. Subd. 3 City Restoration. The permit holder may request that the City restore the right -of- -way. The permit holder shall pay to the City, in advance, a cash deposit equaling 150% of the estimated restoration cost. The restoration cost shall be estimated by the Engineer and ,shall include an estimate of the degradation cost. Following completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. Subd. 4 Guarantees. The permit holder shall guarantee its work and shall maintain it for thirty -six (36) months following its completion. During this thirty -six -month period it shall, upon notification from the Engineer, correct all restoration work to the extent necessary, using the method required by the Engineer. Said work shall be completed within thirty (30) calendar days of the receipt of the notice from the Engineer. 421.08 Permit Limitations. Permits issued pursuant to this Section are valid only for the area of the. right-of-way specified in the application and the permit and only for the dates so specified. No work shall be extended beyond the permitted area or dates without a new permit being procured therefore, provided the Engineer may extend the completion date of the work in accordance with Subd. 1 of Subsection 421.07. 421.09 Denial of Permit. The Engineer may deny a permit due to the following: A. Failure to register pursuant to Subsection 421.03. B. A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years unless the Engineer determines that no other locations are feasible. C. The applicant is subject to revocation of a prior permit issued pursuant to this Section. D. The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. E. The right -of -way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right -of- way as provided in Subd. 3 of Subsection. 421.14. F. Businesses or residences in the vicinity will be unreasonably disrupted by the work. G. The proposed schedule conflicts with scheduled total or partial reconstruction of the right -of -way. 9 H. The applicant fails to comply with the requirements of this Section or other Sections of this Code. 421.10 Emergency Work. A registrant may proceed to take whatever actions are necessary to respond to an emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emergency. If the Engineer becomes aware, of an emergency, the Engineer may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Engineer may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency. 421.11 Revocation of Permits. The Engineer may revoke any permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit. A substantial breach of a permit holder shall include, but shall not be limited to, the following: A. The violation of any material provision of the permit; B. An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; C. Any material misrepresentation of fact in the application for a permit; D. The failure to maintain the required bonds and insurance; E. The failure to complete the work in a timely manner; or F. The failure to correct a condition indicated on an order issued by the Engineer. 421.12 Appeal. Subd. 1 Filing of Appeal. Any person aggrieved by, i) the denial of a permit application, ii) the denial of a registration, iii) the revocation of a permit or, iv) the application of the fee schedule imposed by Section 185 of this Code may appeal to the Council by filing a written notice of appeal with the Clerk. Said notice must be filed with 10 days of the action causing the appeal. Subd.,2 Notice of Hearing. The Council shall hear the appeal not later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than 10 days before the date of the hearing Subd. 3 Hearing and Decision. The Council shall, at such hearing, hear and consider any evidence offered by the appellant, the Engineer, and anyone else wishing to be heard. After hearing the oral and written 10 views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. 421.13 Mapping. Within 60 days following completion of any work pursuant to a permit, the registrant shall provide the Engineer accurate maps and drawings certifying the "as- built" location of all facilities and equipment installed, owned and maintained by the registrant. Such maps and drawings shall indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the City's electronic mapping system. Failure to provide maps and drawings in accordance with this Subsection shall be grounds for revoking the permit holder's registration. 421.14 Location of Facilities and Equipment. Subd. 1 Undergrounding. Unless otherwise permitted by an existing franchise or Minnesota Stat § 21613.34, or unless existing above - ground equipment is repaired or replaced or unless approved by the Engineer, any new construction and the installation of new equipment and replacement of old equipment shall be underground or contained within buildings or other structures in conformity with applicable codes. Subd.2 Corridors. The Engineer may assign specific corridors within the right -of -way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Engineer expects will someday be located within the right - of -way. All permits issued by the Engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Subd.3 Limitation of Space. To protect health and safety, the Engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right -of -way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right -of -way. In making such decisions, the Engineer shall strive to the extent possible to accommodate all existing and potential users of the right -of -way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right -of -way, the time of year with respect to essential utilities, the protection of existing equipment in the right -of -way, and future City plans for public improvements and development projects which have been determined to be in the public interest. 421.15 Relocation. Subd. 1 Relocation for City Purposes. A registrant shall promptly but in no event more than 120 days of the City's request, permanently remove and relocate at no charge to the City, any facilities or equipment if 11 and when made necessary by a change in the grade, alignment or width of any right -of- -way, by the construction, maintenance or operation of any City, facilities or to protect the public health, safety and welfare. The registrant shall restore any rights -of -way to the same or better condition it was in prior to removal and relocation. Subd.2 Undergrounding of Utility and Telecommunications Facilities. A registrant shall relocate all above ground facilities' and equipment to underground locations at its own cost and expense within 120 days of the City's request when, i) the City requires the relocation of all utility and telecommunications facilities and equipment to underground locations and ii) structures or poles to, which the registrants facilities or equipment is attached are removed by the owner of such structures or poles. 421.16 Right -of -Way Vacation. Subd. 1 ` 'Reservation of Right. If the City vacates a right -of -way which contains the equipment of a registrant, and if the vacation does not require, the relocation of registrant facilities and equipment, the City shall reserve, to and for itself and all registrants having facilities and equipment in the vacated, right -of -way, the. right to install, maintain and operate any facilities and equipment in the vacated right -of -way and to enter upon such right -of -way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. . Subd.2 Relocation of Equipment. If the vacation requires the relocation of registrant facilities and equipment; and (a) if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation costs; or (b) if the. vacation proceedings are initiated by the City, the registrant must pay the relocation costs unless otherwise agreed to by the City and the registrant; or (c) if the vacation proceedings, are initiated by a person or persons other than the registrant or permit holder, such other person or persons must pay the relocation costs. 421.17 Abandoned and Unusable Equipment. . Subd. 1 Discontinued Operations. A registrant who has determined to .discontinue its operations in the City must either: A. Provide information satisfactory to the Engineer that the registrant's obligations for its equipment in the right -of -way under this Section have been lawfully assumed by another registrant; or B. Submit to the Engineer a proposal and instruments for transferring ownership of its equipment to the City. If a registrant proceeds'under this.clause, the City may, at its option: 1) purchase the facilities equipment; or 2) require the registrant, at its own expense, to remove it; or 12 A 3) require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities equipment. Subd. 2 Abandoned Facilities Equipment. Facilities and equipment of a registrant who fails to comply with Subd 1 of this Subsection and which, for two years, remains unused shall be deemed to be abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, i) abating the nuisance, ii) taking possession of the equipment or facilities and restoring it to a useable condition, or iii) requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. Subd. 3 Removal. Any registrant who has unusable and abandoned facilities or equipment in any right -of -way shall remove it from that right -of- way during the next scheduled excavation, unless this requirement is waived by the Engineer. 421.18 Indemnification and Liability. Subd. 1 Limitation of Liability. By reason of the acceptance of a registration or the grant of a right -of -way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd.2 Indemnification. By registering with the Engineer, a registrant agrees, or by accepting a permit under this Section, a permit - holder is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right -of -way , whether or not any act or omission complained of is authorized, allowed, or prohibited by a right -of -way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right -of -way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right -of -way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, 13 installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. CAglh rights of way ordinance 14 I JUL.10.1997 12:48PM KMC TELECOM NO.393 P.1 /1 FAX KMC TELECOM INC. GEORGE W. BRECKENRIDGE 1580 S. MILWAUKEE AVE. SUITE # 305 LIBERTYVILLE, IL. 60048 PHONE: 847 -573 -0000 FAX: 847 -573 -0033 DATE: JULY 17, 1997 TO: GORDON HUGHES - ASSISTANT CITY MANAGER CITY: EDINA FAX NUMBER: 612- 927 -7645 NUMBER OF PAGES, INC. COVER: 1 GORDON: PLEASE CONSIDER THIS AS AN OFFICIAL REQUEST THAT KMC TELECOM ASKS TO HAVE THE READING VED TO THE AUGUST 4, 1997 SCHEDULED FOR MONDAY JULY 21,1 , CITY COUNCIL MEETING. IR THIS REQUEST WILL GIVE KU DERSTAND�, BOTH THE ATTORNEYS ACTUAL OPPORTUNITY TO BETTER "REVISED ORDINANCE" AS WELL AS THE FEE SCHEDULE. SEE YOU ON AUGUST 4' . BEST REGARDS: GEORGE 1 a 115? July 21, 1997 Mr. Gordon Hughes City of Edina 4801 West 50th Street Edina, MN 55424 Dear Gordon: AGENDA ITEM: ow III.A. Northern States Power Company Edina Area 5309 West 70th Street Edina, Minnesota 55439 -2002 Telephone (612) 829 -4500 Submitted is a "general status" position paper that was originally composed to address a Right -of -Way Ordinance being considered by the City of Eagan. While I have personalized it for the City of Edina, please understand that, due to time constraints, the paper is intended to express NSP's general concerns /opinions rather than point specifics of the Edina proposed Ordinance. I hope this information is of value to you: I look forward to discussing this opportunity and having input into the final product. Sincerely, Stuart Fraser Community Services Manager NSP Comments Regarding Model. Right -of -Way Ordinance NSP understands the concerns which have resulted in the proposed Edina right -of -way ordinance. Deregulation of the telecommunication industry, while intended to foster local competition and lowered prices for services, may impact public right -of -way. The extent of the,impact is somewhat speculative, but could include increased frequency of excavation'and competition for space within the right -of -way. NSP has similar concerns. As an essential service provider, we would like assurance of reasonable access to public right -of -way to provide electric service to our customers. In fact, essential services such as gas, electric, sewer and water should be given priority consideration for space within the public right -of -way. Deregulation has the potential to dramatically change the nature of the telecommunications business. ,The number of service providers may increase. New telecommunication providers may not be local companies. NSP has been serving the metropolitan, area. for 80 years. While new telecommunication companies may come and go, NSP plans to remain a long -term partner in the community. There are a number of fundamental principles upon which the City and NSP agree:, • The City has the right and obligation to manage the use of City right -of -way. • The City should be able to recover the reasonable cost of right -of -way regulation. • City residents and businesses should receive quality utility services at competitive prices. • Disruptions to citizens and businesses due to utility work in the right -of -way should be minimized to the extent reasonably possible. • Joint project planning between the City and utilities will minimize right -of -way excavation and disruption. The City of Edina already has the right and obligation to manage the public right -of -way under existing statutes and ordinances. NSP and other utility facilities are in place by virtue of that management authority. Edina has existing permit application procedures, information requirements and fees for street excavation. NSP complies with application procedures and permit requirements. We attempt to minimize street disruption. We continue to work with the City to accomplish quality restoration of the right -of -way. We are unaware of instances where existing Edina regulations have not been effective. While we understand the City's desire to confirm City authority over the new and varied telecommunication providers, we do not believe that additional regulation is necessary. If Edina does proceed with adoption of the right -of -way management ordinance, NSP has extensive comments. In general, NSP will oppose any ordinance provisions which do not recognize the following: • . Electric is an essential service. Quality of life in the community depends on the availability of this service on a timely basis and at reasonable cost. • Electric construction projects are largely driven by customer demands and government mandates. Right -of -way regulation should be flexible to allow NSP to effectively serve our customers. • Electric utilities have distinct characteristics as to each other and compared to other types of utilities. Right -of -way regulation must recognize the inherent differences in design, construction, operation and maintenance standards and safety requirements of different utilities. City ordinances should not unintentionally risk worker or public safety. For example, a reasonable construction period for an underground electric project may be longer in duration than for a fiber optic installation, even if they are installed at the same depth within the right -of -way. • Right -of -way management should be carried out in a fair and efficient manner. Regulation should be competitively neutral and substantially uniform within the same industry. • Electric utility facilities do not present the potential for proliferation of infrastructure that telecommunication services present. This will remain true even if the electric utility industry is restructured. If restructuring occurs, no one envisions more than one electric delivery system. Even if multiple sources of supply exist in the future, they will all use the same distribution facilities to deliver electricity to the customer. • There. should be no requirement that all future electric facilities will be' installed underground. • There should be no requirement for relocation of existing underground facilities at NSP cost unless such facilities interfere with public improvement of the right -of -way. • The cost of removal of abandoned underground facilities is extremely expensive. Regulation should recognize abandonment of electric facilities in -place as standard practice. Removal should occur if and when a public improvement to the right -of- way requires removal. • Bond posting requirements should only be applied,to non - franchised companies that represent a real credit risk. NSP is. a long term presence in the community. Bonding requirements will increase energy costs without corresponding benefit to the City or NSP customers. • Right -of -way excavation and restoration standards must be established in advance. Such standards should be based on OSHA requirements and the requirements of the type of utility. There should be no long -term requirement to guarantee right-of- way restoration. A utility should not be responsible for the quality of restoration performed by the City. Any requirement for. submittal of advance plans for projects in the right -of -way should be flexible. NSP is a customer driven business and advance plans may require -modification to respond to customer needs. There should -also be ,a mechanism for adjustment of end dates, without penalty, for projects in progress during emergencies. System emergencies, due to weather or other uncontrollable events, may require that routine work be deferred until the emergency situation is corrected. • NSP is already highly regulated in the installation of utility facilities. We must comply with OSHA and /or DOT rules as well as national safety codes. No City inspection of NSP work should be required except that related to traffic flow and restoration of the right -of -way surface. • Future underground installations should not be allowed to _interfere with existing facilities. If interference .is unavoidable, the cost of mitigation should be the responsibility of the installer of the new facilities. • Right -of -way permit fee levels should be established by the City Council, not . delegated to City administrative officials. • Permit fees should be established in advance and have the purpose of reimbursing the City for the actual current budgeted expenses of reasonable regulation. Permit fees must not have the purpose of raising revenue. Permit fees should not include undefined future City expenses. • Permit fees should be'based on an allocation among all users of the right -of -way, including the City itself. Fees should be related to the proportion of the management cost attributable to a particular use of the right -of -way. For instance, overhead users of right -of -way should not be required to pay the costs of regulation of underground use of the right -of -way. • There should be no regulation that provides for discretionary denial of a permit by a City official where the applicant has complied with pre- defined standards for, granting the permit. • The terms and conditions of right -of -way permits should not expand upon the obligations permitted by ordinance. • Ordinance requirements should be expressly made subject to any conflicting language in the franchise of a public utility user of the right -of -way. The terms and conditions of right -of -way permits should not conflict with franchise provisions. The Model Ordinance developed by the League of Minnesota Cities is inconsistent with many of these principles. Even where NSP supports the apparent objectives of the ordinance, we question the proposed manner of implementation. For instance, NSP supports the concept of joint planning of underground utilities. However, the process as defined by the ordinance does not provide the flexibility necessary to encourage joint utility installation. NSP also supports the creation of a mapping system which locates all underground utilities. But NSP should not have to subsidize the cost of a GIS for the City and other users. NSP strongly. objects to particular provisions of the ordinance. The requirement to remove abandoned .underground facilities, to relocate to designated corridors, to underground all new facilities, to guarantee right -of -way restoration for 36 months and to post numerous bonds could substantially increase the cost of providing, electric and gas service in Edina. In addition, the relocation and undergrounding requirements are counter to the objectives of minimizing right -of -way excavation and.reducing congestion in underground space. The cost potential is high with little corresponding benefit. Your citizens, our customers, would likely bear the burden of these costs.'NSP would like to continue to provide cost competitive, reliable electric service to Edina customers. In summary, the proposed ordinance creates complicated regulation to deal with a problem that is largely speculative. Even if new telecommunication providers represent a problem, NSP is not part of the problem. NSP is willing to work with City staff to develop an ordinance which addresses the fundamental needs of the City. Property Taxes Paid by NSP (To include real estate, property taxes paid to Count}, City, School District (s); T I.F. and Fiscal. Disparity) Real Estate Personal Property Total Taxes Paid Taxes Paid Taxes Paid County . $ 51,234 $ 174,332 $225,566 City $22,450 $ 76,389 $ 98,839 School District # . -. S 90,399 .$310,345 S 400,744 School District # `..= :.: S S Misc. $ 11,065 S 38,660 $ 49,725 Fiscal Disparity $71,865 $244,527 $316,392 T.I.F. $ $ $ SA $ $ $ Interest $ S S TOTAL S247,013 S844,254 S1,091,267 NSP Facilities /Employment Facility No. Employees Edina Substation TOTAL M•• 60 612 521 7626 P.02/03 _ AGENDA ITEM: 111.Ae PARAGON C A B L e Wayne D. Knighton, Division President July 21, 1997 Mayor Glenn Smith City of Edina City Ball 4801 West 50th Street Edina, MN S5424 -1394 Dear Mayor Smith: I am writing regarding the proposed right -of -way ordinance that the Edina City Council will be discussing this evening. I appreciate the opportunity to convey some of Paragon Cable's concerns regarding the potential adoption of this new ordinance. As you know; our cable television franchise recently adopted by the Edina City Council contains many similar provisions regarding construction, insurance, security, concerned that if this ordinance is adopted that there may be duplicate requirements regarding many of these issues.. If the city plans to adopt this ordinance, language for those companies that such items. arc duplicative. already have franchises with the city should be added indicating that the franchise prevails where While the new cost provisions have yet to be defined that will be associated with this proposed ordinance, I would also like to point out that our company is the only one using your rights -of- Way now that is paying the city a franchise fee. We are concerned that our customers, who pay the fee, may end up "paying twice" if the city adopts new fees -- on top of the five per cent fee that they are already paying -- that will apply both to franchise holders and non - franchise holders. We would hope that the city would give our company and its customers some consideration for this unless, for example, the city plans to begin assessing 5% franchise fees against electric and natural gas customers when it adopts this new ordinance. We would simply be requesting that the city treat all companies and their customers in the rights -of -way fairly and equitably. As we only just received this proposed ordinance this morning, we are also asking for additional time to review it and work with city staff to resolve our concerns. I understand that it will most Iikely receive first reading tonight and that it is not likely to be passed this evening. 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522 -5200 FAX 612/522 -6348 A Time Warner inc, CanlPony JUL -21 -1997 15:04 PARAGON CABLE MINN Mayor Glenn Smith/page two July 21, 1997 612 521 7626 P.03iO3 We appreciate the opportunity to provide this information to you and the Council tonight and look forward to working on these issues in the near future. Sincerely, Wayne D. Knighton cc: Edina City Council Members Ken Rosland Gordon Hughes TOTAL P.03 TO: FROM: VIA: REQUEST FOR PURCHASE Mayor & City Council John Keprios, Director of Park & Recreation Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15.000 DATE: 21 July, 1997 AGENDA ITEM ITEM DESCRIPTION: Park Fencing, Courtney Fields- Braemar Park & Pamela Park, Contract 97 -813K 1. 2. 3. 4. 5. Fenc -Co, Inc. Mid -Metro Constr Company Of Fridley, Inc. Finley Brothers, Inc. RECOMMENDED QUOTE OR BID: Fenc -Co, Inc. Amount of Quote or Bid 1. $127,012.25 2. $133,357.00 3. $154,505.54 4. 5. $ 127,012.25 GENERAL INFORMATION: This bid is for ballfield fencing at Courtney Fields in Braemar Park and the softball backstops at Pamela Park. This project is funded through the Park Bond Referendum. This award will include Ballfields 1, 2, & 3 at Courtney Fields and three backstops at Pamela Park. This fence replacement corresponds to the regrading of these ballfields. Staff recommends awarding Schedules A, B, C, D, Item 3 of Schedule E, and Item A5 & A6 of the Proposal for a total amount of $127,012.25. (See attached Bid Tabulation). i Signiture The Recommended Bid is within budget Park & Recreation Departme t not within budget Jo n Wallin, Finance Director Kenneth Ro and, City Manager PARK FENCING 4TRACT 97-8PK P054 - Braemar Park - Courtney Fields & P069 - Pamela Park LF 680 3.00 2,040.00 2 16' High Fence Fabric Type A (Installed) LF PAGE 1 OF 4 07102197 55.00 ITEM 3 16' High Fence Fabric Type B (Installed) LF ENGINEER'S EST. FENC -CO, INC. FINLEY BROTHERS NO. ITEM UNIT QTY. U.P. TOTAL U.P. TOTAL U.P. TOTAL BRAEMAR PARK - COURTNEY FIELDS 6 3 Ft. x 6 Ft. Gate EA 2 155.00 - 310.00 7 12 Ft. x 6 Ft. Double Gate EA 2 Schedule A: Balifield No.1 930.00 8 18" Concrete Maintenance Strip LF 890 3.50 3,115.00 Subtotal Schedule B 1 1 5/8" Galy. Rails (Installed) LF 1020 3.00 3,060.00 2.25 2,295.00 2.62 2,672.40 2 20' High Fence Fabric Type A (Installed) LF 40 65.00 2,600.00 27.35 1,094.00 70.40 2,816.00 3 26' High Fence Fabric Type B (Installed) LF 132 58.00 7,656.00 17.95 -2,369.40 60.40 7,972.80 4 6' High Fence (Installed) LF 1050 9.80 10,290.00 10.85 11,392.50 12.56 -13,188.00 5 12' High Safety Fence LF 94 18.00 1,692.00 27.00 2,538.00 27.50 2,585.00 6 3 Ft. x 6 Ft. Gate EA 2 155.00 310.00 250.00 500.00 200.00 400.00 7 12 Ft. x 6 Ft. Double Gate EA 2 465.00 930.00 400.00 800.00 450.00 900.00 8 18" Concrete Maintenance Strip LF 1222 3.50 4,277.00 8.50 10,387.00. 9.15 11,181.30 Subtotal Schedule A 4 6' High Fence (Installed) LF 602 30,815.00 5,899.60 L31,375.90 t LF 41,715.50 Schedule B: Balifleld No. 2 1 1 5/8" GaIv. Rails (Installed) LF 680 3.00 2,040.00 2 16' High Fence Fabric Type A (Installed) LF 40 55.00 2,200.00 3 16' High Fence Fabric Type B (Installed) LF 72 50.00 3,600.00 4 6' High Fence (Installed) LF 775 9.80 7,595.00 5 12' High Safety Fence LF 74 18.00 1,332.00 6 3 Ft. x 6 Ft. Gate EA 2 155.00 - 310.00 7 12 Ft. x 6 Ft. Double Gate EA 2 465.00 930.00 8 18" Concrete Maintenance Strip LF 890 3.50 3,115.00 Subtotal Schedule B 21,122.00 Schedule C: Balltield No..3 1 15/8" Galv. Rails (Installed) LF 1030 3.00- : 3,090.00 2 20' High Fence Fabric Type A (Installed) LF 40 65.00 2,600.00 3 _ 20' High Fence Fabric Type B (Installed) LF 134 58.00 7,772.00 4 6' High Fence (Installed) LF 850 9.80 8,330.00 5 12' High Safety Fence LF 94 18.00 1,692.00 6 3 Ft. x 6 Ft. Gate EA 2 155.00 310.00 7 12 Ft. x 6 Ft. Double Gate EA 2 465.00 930.00 8 18" Concrete Maintenance Strip LF 1024 3.50 3,584.00 Subtotal Schedule C 28,308.00 Schedule D:. Ballfield No. 4 1 15/8" Gaiv. Rails (Installed) LF 640 3.00 1,920.00 2 16' High Fence Fabric Type A (Installed) LF 40 55.00 2,200.00 3 16' High Fence Fabric Type B (Installed) LF 64 50.00. 3,200.00 4 6' High Fence (Installed) LF 602 9.80 5,899.60 5 12' High Safety Fence LF 74 -18.00 1,332.00 6 3 Ft. x 6 Ft. Gate EA 2 155.00 310.00 7 12 Ft. x 6 Ft. Double Gate EA 2 465.00 930.00 8 18" Concrete Maintenance Strip LF 706 3.50 .2,471.00 Subtotal Schedule D 18,262.60 2.25 1,530.00 21.90 876.00 14.40 1,036.80 10.85 8,408.75 27.00 1,998.00 250.00 500.00 400.00 800.00 8.50 7,565.00 22,714.55 2.25 2,317.50 27.35 1,094.00 17.95 2,405.30 10.85 9,222.50 27.00 2,538.00 250.00 500.00 400.00 800.00 8.50 8,704.00 27,581.30 -Lj 2.25 1,440.00 21.90 876.00 14.40 921.60 10.85 6,531.70 27.00 1,998.00 250.00 500.00 400.00 800.00 8.50 6,001.00 19,068.30 2.62 1,781.60 56.32 2,252.80 48.32 3,479.04 12.56 9,734.00 27.50 2,035.00 200.00 400.00 450.00 900.00 9.15 8,143.50 28,725.94 2.62 2,698.60 70.40 2,816.00 60.40 8,093.60 12.56 10,676.00 27.50 2,585.00 200.00 400.00 450.00 900.00 9.15 9,369.60 37,538.80 2.62 1,676.80 56.32 2,252.80 48.32 3,092.48 12.56 7,561.12 27.50_ 2,035.00 200.00 400.00 450.00 .900.00 9.15 6,459.90 24,378.10 SUBTOTAL BRAEMAR PARK 98,507.60 100,740.05 132,358.34 PARK FENCING CONTRACT 97-8PK P054 - Braemar Park - Courtney Fields & P069 - Pamela Park PAGE 2 OF 4 07/02197 ITEM LF 1072 ENGINEER'S EST. FENC -CO, INC. FINLEY BROTHERS' NO. ITEM UNIT QTY. U.P. TOTAL U.P. TOTAL U.P. TOTAL PAMELA PARK A2 6' High Fence Installed (No Posts) LF 340 6.00 Schedule E: Ballfield No. 4 - 2;49229° 10.56 -&59&" Alternate No. A3: Courtney Fields - Ballfield No. 3 1 16' High Backstop Fence LF 180 64.00 11,520.00 57.60 - 4988:@@• 48.32 •9;9989- 2 10' High Fence LF 132 18.00 2,376.00 27.00 _604--w 27.50 0S.TMT0- 3 18" Concrete Maintenance Strip LF 312 3.50 1,092.00 8.50 2,652.00 9.15 2,854.80 Subtotal Schedule H LF 706 14,988.00 4,236.00 7.33 46;684 GG- 10.56 - x+499'36 SUBTOTAL Al THRU A4 - COURTNEY FIELDS BRAEMAR PARK 17,736.00 .'�466�;i82:94e '9t 21538' Alternate No. AS & A6: PAMELA PARK Alternate No. Al: Courtney Fields - Ballfield No.1 Al . 6' High Fence Installed (No Posts) LF 1072 6.00 6,432.00 7.33 466156R36• 10.56 qtleftft Alternate No. A2: Courtney - Fields - Ballfield No. 2 A2 6' High Fence Installed (No Posts) LF 340 6.00 2,040.00 7.33 - 2;49229° 10.56 -&59&" Alternate No. A3: Courtney Fields - Ballfield No. 3 A3 6' High Fence Installed (No Posts) LF 838 6.00 5,028.00 7.33 10.56 - 5;849:2'8 Alternate No. A4: Courtney Fields - Ballfield No. 4 A4 6' High Fence Installed (No Posts) LF 706 6.00-- 4,236.00 7.33 .64.34.88 -e 10.56 - x+499'36 SUBTOTAL Al THRU A4 - COURTNEY FIELDS BRAEMAR PARK 17,736.00 1M,,667e48- '9t 21538' Alternate No. AS & A6: PAMELA PARK A5 16' High Black PVC Backstop, Fence LF 180 90.00 16,200.00 102.00 18,360.00 79.68 14;342.40 A6 10' High Black PVC Fence LF 132 30.00 3,960.00 39.85 5,260.20 37.50 4,950.00 20,160.00 1 23,6200220 19,292.40 3113 °IS.Clo z Z1714.5t 2 $t7zr.14 3��S38,go Z ?Ig'81 �0 068.30 Z Z. oo 11212. 40 1&,S Z3 Zo moo, tG2.v. 2 '7 PARK FENCIN, NTRACT 974PK 2,040.00 55.00 2,200.00 50.00 3,600.00 9.80 P064 - Braemar Park - Courtney Fields & P069 - Pamela Park 18.00 1,332.00 155.00 310.00 465.00 PAGE 3 OF 4 ITEM 3,115.00 07/02197 ENGINEER'S EST. MID -METRO NO. ITEM UNIT QTY. U.P. TOTAL U.P. TOTAL BRAEMAR PARK - COURTNEY FIELDS Schedule A: Ballfield No.1 1 1 5/8" Galv. Rails (Installed) LF 1020 3.00 3,060.00 2.25 2,295.00 2 20' High Fence Fabric Type A (Installed) LF 40 65.00 2,600.00 46.00 1,840.00 3 20' High Fence Fabric Type B (Installed) LF 132 58.00 7,656.00 30.00 3,960.00 4 6' High Fence (Installed) LF 1050 9.80 10,290.00 11.50 12,075.00 5 12' High Safety Fence LF 94 18.00 1,692.00 27.00 2,538.00 6 3 Ft. x 6 Ft. Gate EA 2 155.00 310.00 200.00 400.00 7 12 Ft. x 6 Ft. Double Gate EA 2 465.00 930.00 400.00 800.00 8 18" Concrete Maintenance Strip LF 1222 3.50 4,277.00 8.50 10,387.00-- Subtotal Schedule A 30,815.00 34,295.00 Schedule B: Ballfield No. 2 1 1 5/8" Galv. Rails (Installed) 2 16' High Fence Fabric Type A (Installed) 3 16' High Fence Fabric Type B (Installed) 4 6' High Fence (Installed) 5 12' High Safety Fence 6 3 Ff. x 6 Ft. Gate 7 12 Ft. x 6 Ft. Double Gate 8 _ 18" Concrete Maintenance Strip Subtotal Schedule B Schedule C: Ballfield No. 3 1 15/8" Galv. Rails (Installed) 2 20' High Fence Fabric Type A (Installed) 3 20' High Fence Fabric Type B (Installed) 4 6' High Fence (Installed) 5 12' High Safety.Fence 6 3 Ft. x 6 Ft. Gate 7 12 Ft. x 6 Ft. Double Gate 8 18" Concrete Maintenance Strip Subtotal Schedule C Schedule D: Ballfield No. 4 1 15/8" Galv. Rails (Installed) 2 16' High Fence Fabric Type A (Installed) 3 16' High Fence Fabric Type B (Installed) 4 6' High Fence (Installed) 5 12' High Safety Fence 6 3 Ft. x 6 Ft. Gate 7 12 Ft. x 6 Ft. Double Gate 8 18" Concrete Maintenance Strip Subtotal Schedule D LF LF LF LF LF EA EA LF LF LF LF LF LF FA FA LF LF LF LF LF LF FA FA LF 680 40 72 775 74 2 2 890 1030 40 134 850 94 2 2 1024 640 40 64 602 74 2 2 706 3.00 2,040.00 55.00 2,200.00 50.00 3,600.00 9.80 7,595.00 18.00 1,332.00 155.00 310.00 465.00 930.00 3.50 3,115.00 21,122.00 3.00 3,090.00 65.00 2,600.00 58.00 7,772.00 9.80 8,330.00 18.00 1,692.00 155.00 310.00 465.00 930.00 3.50 3,584.00 28,308.00 3.00 1,920.00 55.00 2,200.00 50.00 3,200.00 9.80 5,899.60 18.00 1,332.00 155.00 310.00 465.00 930.00 3.50 2,471.00 18,262.60 2.25 1,530.00 44.00 1,760.00 28.00 2,016.00 11.50 8,912.50 27.00 1,998.00 200.00 400.00 400.00 800.00 8.50 7,565.00 24,981.50 2.25 2,317.50 46.00 1,840.00 30.00 4,020.00 11.50 9,775.00 27.00 2,538.00 200.00 400.00 400.00 800.00 8.50 8,704:00 30,394.50 2.25 1,440.00 44.00 1,760.00 28.00 1,792.00 11.50 6,923.00 27.00 1,998.00 200.00 400.00 400.00 800.00 8.50 6,001.00 21,114.00 SUBTOTAL BRAEMAR PARK 98,507.60 110,785.00 PARK FENCING CONTRACT 97-8PK P054 - Braemar Park - Courtney Fields & P069 - Pamela Park NO. - ITEM PAMELA PARK Schedule E: Ballfield No. 4 1 16' High Backstop Fence 2 10' High Fence 3 18" Concrete Maintenance Strip Subtotal Schedule H Alternate No. Al: Courtney Fields - Ballfleld No. 1 Al 6' High Fence Installed (No Posts) Alternate No. A2: Courtney Fields - Ballfield No. 2 A2 ' 6' High Fence Installed (No Posts) Alternate No. A3: Courtney Fields - Ballfield No. 3 A3 6' High Fence Installed (No Posts) Alternate No. A4: Courtney Fields - Ballfield No. 4 A4 6' High Fence Installed (No Posts) SUBTOTAL Al THRU A4 - COURTNEY FIELDS BRAEMAR PARK Alternate No. AS & A6: PAMELA PARK A5 16' High Black PVC Backstop Fence A6 10' High Black PVC Fence . UNIT PTY IGINEER'S EST. U.P. _ TOTAL MID METRO U.P. TATw� PAGE 4 OF 4 07/02/97 LF L F 180 132 64.00 11,520.00 60.00 +9;8@0 LF 312 18.00 � 2,376.00 27.00 3.50 1,092.00 's 8.50 2,652.00 14,988.00�.� LF 1072 6.00 6,432.00 9.50 —10.484,n LF 340 6.00 2,040.00 9.50 Q,2 LF 838 6.00 5,028.00 9.50. LF 706 6.00 4,236.00 9.50 ,?era 17, 736.00 '28;082:00• - LF LF 180 132 90.00 30.00 16,200.00 85.00 15,300.00 3,960.00 35.00 4,620.00 20,160.00 19,920.00 �L,gel,su 30139¢.�� *Z11 114, 00 2 Co 0 TO: FROM: LTIU REQUEST FOR PURCHASE Mayor & City Council Francis Hoffman, City Engineer and John Keprios, Director of Park & Recreation Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 DATE: 21 July, 1997 AGENDA ITEM ITEM DESCRIPTION: Sanitary Sewer & Water Service - 6 Park Buildings, Storm Sewer - Normandale Lutheran Church, Water Main.- Coventry Buildings 6 & 7 and Braemar Boulevard, Contract 97 -3 Company 1. Thomas & Sons Construction, Inc. 2. Dave Perkins Contracting, Inc. 3. Northdale Construction Co. 4. G.L. Contracting, Inc. 5. RECOMMENDED QUOTE OR BID: Thomas & Sons Construction, Inc. Amount of Quote or Bid 1. $311,252.75 2. $317,640.00 3. $322,208.81 4. $327,513.60 5. $ 311,252.75 GENERAL INFORMATION: This bid is for miscellaneous utility projects which includes sanitary sewer and water services at Cornelia School Park, Garden Park, Lake Cornelia Park, Todd Park, Weber Park, and Wooddale Park; storm sewers along Wilryan Avenue for Normandale Lutheran Church; and watermain for Braemar Ice Arena, and Coventry Building 6 & 7. The total bid for this project is $311,252.75. Signature The Recommended Bid is within budget not within budget Kenneth Ro , City Engineering Department Park & Recreation Department Wallin, Fin#nce Director 4, '.t A. o e o p .sy REQUEST FOR PURCHASE TO: FROM: VIA: Mayor & City Council John Keprios, Director of Park & Recreation Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15,000 DATE: 21 July, 1997 AGENDA ITEM IV.0 ITEM DESCRIPTION: Park Regrading, Courtney Fields - Braemar Park, Contract 97 -10PK Company 1. Friedges Landscaping, Inc. 2. C.G. Braun Turf Farms 3. Max Steininger, Inc. 4. 5. RECOMMENDED QUOTE OR BID: Friedges Landscaping, Inc. Amount of Quote or Bid 1. $ 94,791.00 2.$128,047.80 3. $138,447.00 4. 5. $ 94,791.00 GENERAL INFORMATION: This bid is for regrading the baseball fields at Courtney Fields in Braemar Park. This project is funded through the Park Bond Referendum. On.recommendation from Staff and the Edina Baseball Association only the regrading of ballfields 1,2, and 3 will be awarded. Staff recommends awarding Schedules A, B, C, and Items 1 & 2 of Schedule E of the Proposal for a total amount of $94,791.00. (See Attached Bid Tabulation). The Recommended Bid is D within budget not within budget Kenneth Rosla Park & Recreation C Wallin, Fin4hce Director IMPROVEMENT NQW -- Braemar Park BID TABULATI CONTRACT 97 -10 PAGE' Subtotal Schedule A 2,280.00 23,700.00 23,700.00 28,990.00 6,960.00 34.209.00 3,200.00 45,031.40 07/10/97 -5.40 ITEM ENGINEERS ESTIMATE FRIEDGES LANDSCAPING C G BRAUN TURF FARM MAX STEININGER I!vC NO. ITEM UNIT CITY. U.P. TOTAL U.P. - TOTAL U.P. TOTAL U.P. TOTAL Braemar Park: Courtney Fields 10,000.00 10,000.00 10,000.00 10,000.00 19,650.00 19,650.00 3 Reconstruct infield LS 1 3,200.00 Schedule A: Ballfleld No.1 8,000.00 8,000.00 7,900.00 7,900.00 4 1/2" PVC conduit LF 400 5.50 2,200.00 5.00 1 Remove concrete dugouts & concrete slabs EA 2 3,200.00 6,400.00 600.00 1,200.00 1,500.00 ' 3,000.00 1,140.00 2,280.00 2 Regrade ballfield LS 1 10,500.00 10,500.00 10,000.00 10,060.00 19,650.00 19,650.00 28,600.00 28,600.00 3 Reconstruct infield LS 1 3,900.00 3,900.00 9,500.00 9,500.00 8,450.00 8,450.00 6,900.00 6,900.00 4 1/2" PVC conduit LF 510. 5.50 2,805.00 5.00 2,550.00 5.50 2,805.00 8.00 4,080.00 5 Seed, topsoil & fertilizer AC 3.03 1,500.00 4,545.00 3,300.00 9,999.00 2,880.00 8,726.40 3,100.00 9,393.00 6 Sod, topsoil & fertilizer SY 240 3.50 840.00 4.00 960.00 10.00 2,400.00 5.40 1,296.00 Subtotal Schedule A 2,280.00 23,700.00 23,700.00 28,990.00 6,960.00 34.209.00 3,200.00 45,031.40 Schedule B: Ballfield No. 2 -5.40 1,134.00 1 Remove concrete dugouts & concrete slabs EA 2 3,200.00 6,400.00 600.00 1,200.00 1,500.00 3,000.00 2 Regrade ballfield LS 1 10,000.00 10,000.00 10,000.00 10,000.00 19,650.00 19,650.00 3 Reconstruct infield LS 1 3,200.00 3,200.00 8,000.00 8,000.00 7,900.00 7,900.00 4 1/2" PVC conduit LF 400 5.50 2,200.00 5.00 2,000.00, 5.50 2,200.00 5 Seed, topsoil & fertilizer AC 1.73 1,500.00 2,595.00 3,300.00 5,709.00 2,880.00 4,982.40 6 Sod, topsoil & fertilizer SY 210 3.50 735.00 4.00 840.00 10.00 2,100.00 Subtotal Schedule B 25,130.00 2774900 �• -� 39,832.40 Schedule C: Ballfleld No. 3 --- 1 Remove concrete dugouts & concrete slabs EA 2 3,200.00 6,400.00 600.00 1,200.00 1,500.00 3,000.00 2 Regrade ballfield LS 1 9,600.00 9,600.00 10,000.00 10,000.00 19,650.00 19,650.00 3 Reconstruct infield LS 1 3,900.00 3,900.00 9,500.00 9,500.00- 8,450.00 8,450.00 4 1/2" PVC conduit LF 430 5.50 2,365.00 5.00 2,150.00 5.50 2,365.00 5 Seed, topsoil & fertilizer AC 1.96 1,500.00 2,940.00 3,300.00 6,468.00 2,880.00 5,644.80 - 6 Sod, topsoil & fertilizer SY 10 3.50 35.00 ` 4.00 40.00 10.00 100.00 Subtotal Schedule C 25,240.00 29,31 58.00 39,209.80 Schedule D: Ballfield No. 4 1 Remove concrete dugouts & concrete slabs EA 2 3,200.00 6,400.00 600.00 1,200.00 1,500.00 3,000.00 2 Regrade ballfield LS 1 9,200.00 9,200.00 10,000.00 10,000.00. 19,650.00 19,650.00 3 Reconstruct infield LS 1 3,200.00 3,200.00 8,000.00 8,000.00 8,450.00 8,450.00 4 1/2" PVC conduit LF 310 5.50 1,705.00 5.00 1,550.00 5.50 1,705.00 5 Seed, topsoil & fertilizer AC 2.22 1,500.00 3,330.00 3,300.00 7,326.00 2,880.00 6,393.60 6 Sod, topsoil & fertilizer SY 30 3:50 105.00 4.00 120.00 10.00 300.00 Subtotal Schedule D 23,940.00 8;196.00 - 39,49840- 52,549.00 1,140.00 2,280.00 23,700.00 23,700.00 6,900.00 6,960.00 8.00 3,200.00 3,100.00 5,363.00 -5.40 1,134.00 42,577.00 1,140.00 2,280.00 20,700.00 20,700.00 6,900.00 6,900.00 8.00 3,440.00 3,100.00 6,076.00 5.40 54.00 39,450:00 1,140.00 2,280.00 30,000.00 30,000.00 6,900.00 6,900.00 800 2,480.00 3,100.00 6,882.00 5.40 162.00 C:: ;�r!][�A IMPROVEMENT NO. P054 - Braemar Park NO ITEM Fri Id BID TABULATION CONTRACT 87 -10PK PAGE 2 OF 2 07/10/97 ENGINEERS ESTIMATE FRIEDGES LANDSCAPING C G BRAUN TURF FARM MAX STEINI UNIT QTY. U.P. TOTAL U. P. TOTAL UP TOTA L U.P. TOTAL Schedule E: Common Areas 1 Silt fence, heavy duty 2 Construction entrance s- LF 990 3.00 2,970.00 2.50 LS 1 260.00 2.50- 2,475.00 Aavemen• 2.90 2,871.01 260.00 1,000.00 1,000.00 �"v --3+ --- 3.45-- 43;,282:5p 1,500.00 1,500.00. 1,000.00 1,000.0( �:5t1--- 6�Retaining. 5;�75:Q0---- -z?50�y ;825:0@--- �i:0g._, -- 7;00.0( 06:80 ---F6, 248 :00— x- 350.00--- 9 T 633 00 �"t22Q'_ 8:8a ---- 2x380:00— �A4, 92:00 -- 9:00— ",600:0C 240 --•- -- -19:00 �4, 560 .0o — ---- yg;p0�._.°3;840:ff9 --'+�i600:OG ~��0 Subtotal Schedule E ���_0 --- 25,00=:= --e 0.00 TOTAL BID CONTRACT 87 -10PK 49,700-50 �64;13#:bp 347S&,-., e&,642-00— MTWroo 31 M o O- 153,000.50 � `28'1;944 -28 24 320�.0� cjS o31.�0 g z 3°1 83L.00 4Z S77ec Z9,3s$.co i - 39 209,So 3`1 45o. 3 4. 01$,'1 ? /, 00 I Z S1o47. So °-- ----� TO: FROM: VIA: REQUEST FOR PURCHASE Mayor & City Council Francis Hoffman, Director of Public Works Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $15.000 DATE: 21 July, 1997 ITEM DESCRIPTION: 2 Dump Trucks - Single & Tandem Axle Company 1. Boyer Ford Truck (State Contract T113 -T114) 2. 3. 4. 5. RECOMMENDED QUOTE OR BID: Boyer Ford Truck GENERAL INFORMATION: AGENDA ITEM W.E. Amount of Quote or Bid 1. $ 115,209.21 2. 3. 4. 5. $115,209.21 This purchase is through the State of Minnesota Cooperative Purchasing Program. The purchase is for two units, one single axle and one tandem axle dump truck chassis. These units will replace 1984 and 1985 Units 25 -336 and 25 -341, respectively. This is a 1998 purchase and funded through the Equipment Replacement Fund. The Recommended Bid is x within budget Public Works - Streets not within budget Job4 Wallin, Finance Director , City Man 4. To: MAYOR AND COUNCIL From: VINCE BONGAARTS TRAFFIC SAFETY Date: JULY 16, 1997 Subject: TRAFFIC SAFETY STAFF REVIEW OF JULY 7, 1997 Recommendation: REPORT /RECOMMENDATION Agenda Item # V.A. Consent ❑ Information Only ❑ Mgr. Recommends ❑ To HRA ® To Council Action ® Motion ❑ Resolution ❑ Ordinance ❑ Discussion Approve Traffic Safety Staff Review of July 7, 1997. Info /Background: Special note is made of Section B (9). Staff is recommending denial of the request for a 4 -way STOP sign on West 56' Street at Park Place because of lack of warrants. A letter has been received from residents of the area (enclosed) and they may attend the Council meeting July 21, 1997. TRAFFIC SAFETY STAFF REVIEW MONDAY, JULY 7, 1997 The staff review of traffic safety matters occurred on July 7, 1997. Staff present included the Assistant City Manager, Police Chief, City Engineer, Assistant City Engineer, and the Traffic Safety Coordinator and the Public Works Traffic Control Specialist. From that review, the below recommendations are provided. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They have, also been informed that if they disagree with the recommendation or have additional facts to present, they can be included on the July 21, 1997, Council Agenda. SECTION A: Requests on which the staff recommends approval. 1. Request for "No Parking Anytime" signs along Pamela Park across from 5844 Brookview. Also, a request to enlarge the size of the "Dead End" sign that is presently posted at the north end of the 5800 block of Brookview and move it even closer to W. 58' Street. Requester says that the "No Parking" signs used to be across from 5844 Brookview but got taken down when they were resurfacing the road. Actually two of the signs are still there, but two more are needed to' be effective. Requester also feels the "Dead End" sign needs to be enlarged as people are still coming down Brookview thinking that its a way to the parking area, of the park or there will be a turn - around. The present "Dead End" sign is approximately 70 feet south of W. 58"' Street. Staff recommends additional "No Parking Anytime" signs for Pamela Park side of Brookview, across from 5844 Brookview. Also recommends moving the "Dead End" sign closer to W. 58t' Street. 2. Request for signing, etc., to assist pedestrians (especially children) crossing Dewey Hill Road at the pedestrian crosswalk located at Delaney Boulevard and Dewey Hill Road. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 2 Requester says that during rush hours the children and adults cannot cross to and from Lewis Park at the crosswalk because of the speed of vehicles eastbound and westbound on Dewey Hill Road.. Requester says part of the problem is that the crosswalk is not highlighted enough. There has only been one reported accident along Dewey Hill Road since 1991. That was on 7/30/93 when someone hit a mailbox at 5921 Dewey Hill Road. On 6/19/97 a radar survey was done between the hours of 4:25 PM and 5:55 PM. Because of the volume and speed only one direction was done at a time. The site of radar was at the pedestrian crosswalk. From 4:25 PM to 4:55 PM eastbound traffic was surveyed. There were 164 vehicles with the 85 percentile of speed being 39 MPH in a 30 MPH zone. From 4:55 to 5:25 PM westbound -traffic was surveyed. There.were 139.vehicles with the 85 percentile speed of 39 MPH in a 30 MPH zone. From 5:25 PM to 5:55 PM eastbound traffic was surveyed again. This time there were 249 vehicles with an 85 percentile speed of 41 MPH in a 30 MPH zone. There were approximately 500+ vehicles on Dewey Hill Road between 4:30 PM and 6:00 PM. Only 43 vehicles of 413 were at 30 MPH or less in the 30 MPH zone. During this time (4:30 PM to 6:00 PM) there were 14 pedestrians and 7 bicyclists using the crosswalk. The staff, upon review, recommends two extra large "30 MPH" signs that are highlighted, east and west of Delaney Boulevard. They also recommend highlighting other "30 MPH". signs on Dewey Hill Road and repainting of the crosswalk. Dewey Hill Road will also be referred to the Police Department for extra speed and crosswalk enforcement. 3. A request for intervention by the City regarding the safety of children and pedestrians on Tanglewood Court. The requester who says she also represents several other people on Tanglewood Court, feels that there is increasing danger to the safety of children and pedestrians on Tanglewood Court due to the driving behavior of a few residents and their friends. Some contact was made by requester to some of these people, but feels it didn't do much good. Tanglewood Court has had no reportable accidents since 1991. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 3 Staff recommends the drafting of a letter to be sent to all the residents of Tanglewood Court regarding safety. That letter, is attached to this report. 4. Request for additional signing or striping to prevent vehicles northbound on Valley View Road extension who are turning left onto Valley View Road to go west, from turning onto eastbound Valley View lanes instead. The requester, who works in the 6800 France building, has windows looking down on the above intersection. Every day he sees at least two vehicles turn left into the easbound lanes instead of the westbound lanes creating some close calls. The staff recommends moving the "Do Not Enter" sign up closer on the median to the intersection. The nose of median has just recently been painted yellow to also help this situation. 5. The staff discussed a problem concerning the parking of construction vehicles in the Country Club area for long periods of time. One particular area of concern was in the 4600 block of Browndale where there has been ongoing construction at one of the homes for a long period of time creating some problems for the other residents and the traffic flow on Browndale. A staff member will be contacting the primary contractor to try and work out some solutions. The staff recommends a "No Parking Here to Corner" sign for southbound Browndale, 45 feet north of the intersection with Edgebrook Place. SECTION B: Requests on which the staff recommends denial of request. Request for a drop off point for vans with wheelchair patients for the eye clinic at 3939 W. 50"' Street, at the northeast corner of the public parking section in Lund's parking lot. The requester is in her early 100's and has to go occasionally from her nursing home in St. Louis Park to the eye clinic at 3939 W. 50"' Street. The van that brings her, parks just long enough to wheel her up-to-the eye clinic. The van comes back when she is finished at the clinic. Occasionally, there are cars TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 4 blocking that spot and they have trouble getting her in. They don't like to use the access by the liquor store as it is too far from the front door. They would like that little section on the northeast end of the lot marked for passenger drop off only. This would not require a curb cut. CART, who is the company that transports the requester, were contacted and they have had no problems with the present situation and don't feel there is a need for any changes at this time. This location at 3939 W. 50"' Street does conform to ADA rules as it is presently situated. The staff recommends denial of any new locations for special van access at 3939 W. 50th Street. 2. Request for longer time cycle of the pedestrian walk light at W. 50' Street and Halifax. Also a request for no turns on red at W. 50t" Street and Halifax. The requester, one of whom is restricted to a wheelchair, says there is not enough rime on the walk lights for wheelchairs or seniors to get across on. They further state that cars making right turns at this intersection, regardless of whether there is a red light or green light, are not yielding to pedestrians in the crosswalk with walk light. The walk light appears to stay on for a 9 -10 second cycle when activated. During a couple of rush hour observations it did appear that the cycle of walk light was too slow for slower moving pedestrians, especially those being pushed in a wheelchair. Also turning traffic has a tendency to ignore or disregard any pedestrians that might be in the intersection; their intent being on where other vehicles may be coming from. Since 1991.there has been approximately 4 reported personal injury accidents, 10 reported property damage accidents and 22 more property accidents not requiring State accident reports. There was one reported injury on 5/16/94 involving a bicyclist eastbound in the pedestrian crosswalk, crossing Halifax with the green light who was struck by a vehicle making a right turn on red from southbound Halifax to westbound W. 50"' Street. The staff, after review, recommends denial of the request for no turn on red. The timing of walk light cycle will be referred to Public Works for checking and readjustment. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 5 3. Request for a 3 -way "Stop" sign at the intersection of Virginia and W. 62nd Street. This intersection already has a single "Stop" sign for eastbound W..62nd Street. Requester says that because of a hill on northbound Virginia as one approaches W.-62nd Street that crests a short distance prior to the intersection and then drops down to the intersection, there is a visibility problem for traffic eastbound and westbound- on W. 62nd Street even if they stop as eastbound traffic does. Requester says that because of that rise on Virginia, you can't tell if a'car is coming until its almost in the intersection. The situation was also discussed with the resident at 6209 Virginia who was not connected to the requester. The resident's house is south of the hill crest. He states that cars do come up the hill at what he feels is a high rate of speed and has even yelled at them to slow down when he is out in his yard. He can't see the intersection from his house because of the crest but imagines there very well could be a problem there. A sight test was done with a 6 inch upright object in the center of intersection at Virginia Avenue and W. 62 "d Street. The object could first be seen from the driver's seat of a vehicle northbound on Virginia 168 feet south of the intersection. The object should be seen.300 feet from the intersection which indicates there is some visibility problems with this intersection., There have been no reportable accidents at this intersection since 1991. The staff, after studying this intersection, recommends denial due to ,lack of warrants indicating a problem. The requester, who has access to easy alternative routes, will be advised to' use the other routes if they are uncomfortable with this intersection. 4. Request for 4 -way "Stop" at Tracy and Warden Avenues intersection. There are presently "Stop" signs for Warden Avenue at this location. Requester feels that there is a lot of speed northbound and southbound on Tracy and entering that intersection from Warden becomes dangerous. He says there was a little girl seriously injured there several years ago. Present accident records show no reported accidents since 1991. Requester also feels that traffic to the Good Samaritan Church is turning too fast onto Warden westbound from Tracy Avenue. Warden Avenue, west of Tracy TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 6 Avenue is a dead end with an entrance to Good Samaritan Church's parking lot. Requester feels the "Stop" signs on Tracy would help that also. Speed surveys were done for AM and PM rush hours (one hour periods) on Tracy Avenue. The AM southbound 85 percentile speed was 37 MPH. The AM northbound 85 percentile speed was 35 MPH. The PM southbound 85 percentile speed was 36 MPH. The PM northbound 85 percentile speed was 36 MPH. The AM rush hour survey consisted of 178 vehicles in one hour and the PM rush hour survey was 332 vehicles in one hour. During the AM survey, 4 vehicles entered Tracy from west Warden and 5 from east Warden. During the PM survey 2 vehicles entered from east Warden and 1 entered from west Warden. Church traffic on Sunday was not observed. The staff reviewed the situation and recommends. denial due to lack of warrants. 5. Request for a 3 -way "Stop" at W. 771 Street and Parklawn Avenue. The requester would like a three way "Stop" at W. 77"' Street and Parklawn to help her and others continue west on W. 77th Street. She has had numerous close calls trying to go west from the "Stop" sign posted on W. 77"' at Parklawn. She would also like "Stop" signs for southbound Parklawn and eastbound W. 771 Street. W. 77°i Street that curves to Parklawn and continues to W. 76' Street is a major collector street that carries very heavy traffic, especially during rush hours between Highway 100 and France Avenue. The average 24 hour traffic count is 10,434 vehicles. Since 1992 there has been nine reportable accidents at the intersection of W. 77'h Street and Parklawn: Three of the nine involved injuries. Two of the nine, involved vehicles westbound on W. 77' Street that were continuing westbound on W. 77th Street from the "Stop" sign at W. 77' and Parklawn. One failed to yield to vehicle eastbound on W. 771 Street and the other one skidded through the "Stop" sign hitting another vehicle eastbound on W. 771 Street. The staff recommends denial of the three way "Stop" but does recommend that it is referred to Engineering for redesigning of the intersection and signalization. 6. Request for "No Parking Anytime" signs at 6132 Xerxes. Requester says that because parking is allowed right up to the point that allows you to exit on to Crosstown 62 westbound from Xerxes, that every so often, TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 7 especially during rush hour, a jam up occurs because of a parked vehicle. People aren't aware that it is parked and start lining up behind it. When they become aware that the parked vehicle isn't moving they go around it in dangerous fashion when they move into the other lane of traffic. There is also a bus stop at this location and when you have a parked vehicle plus the bus stopping the problem can intensify. There have been several accidents at this intersection (Xerxes and Crosstown 62) but not that appear to be related to this situation. The staff recommends denial of the request at this time. This matter will be referred to the MCTO to see if they are experiencing problems at this location and Hennepin County who would have final say at this intersection. 7. Request for 4 -way "Stop" signs at Dunberry Avenue and Cornelia Avenue. Requester feels that because of the presence of many children and pedestrians, the intersection poses a hazard due to heavy vehicle traffic between W. 70' Street and W. 66t' Street. There are already "Stop" signs for Dunberry Avenue in both directions at Cornelia Avenue. There is also traffic signal lights a short distance away at W. 70"' and Cornelia. Since 1991 there has been one reportable accident. That was on 5/11/95 which involved a vehicle on eastbound Dunberry failing to yield to a vehicle southbound on Cornelia. The driver at fault was a local resident. There were no injuries. A speed survey was done between 5:20 PM and 6:10 PM. There were 79 vehicles for both directions on Corneila during this time. The 85 percentile speed for the 79 vehicles was 30 MPH. Staff recommends denial for lack of warrants. City would entertain a petition for sidewalks if one was presented ,by residents. 8. Request for "Stop" signs at Barrie Road and Heritage. Also a request for better striping of Barrie Road. Requester says there is a problem with motorists westbound on Heritage cutting the corner when turning south on Barrie Road bringing them into northbound Barrie Road lane. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 8 Staff recommends denial of "Stop" signs but does recommend striping of intersection to show lanes and restriping of Barrie Road. 9. Request for a 4 -way "Stop" sign on W. 56th Street at Park Place. Requester feels that the traffic and speed on W. 561 Street needs to be controlled because of the large number of children that live in this vicinity. There are no sidewalks at this location. An accident history survey since 1991 revealed only one accident at this intersection on 10/12/96 at 7:00 PM. The. accident involved two local residents. Vehicle northbound on Park Place failed to yield to vehicle westbound on W. 56"' Street. Minor injury involved. A speed survey was done between 4:00 PM and 4:45 PM, on a Tuesday. There were only 45 vehicles during this survey and the 85 percentile was 30 MPH. Highest speed recorded was 35 MPH. The staff recommends denial for lack of warrants.. 10. Request for a marked crosswalk for Kojetin Park on W. 44th Street between Wooddale and Grimes. The crosswalk would be located at the center point of park boundary on. the W. 44" Street side. The request is also for "Yield to Pedestrians" signs at the crossing and handicap curb cuts on both sides. The requesters would also like increased police patrol and first use of speed clocking ,trailer when it becomes available. The request comes from a petition signed by 28 of the 31 residents between Grimes and Wooddale. The other three residences were vacant at time of petition. There is a sidewalk on the north side of W. 44`h Street between Grimes and Wooddale but none on the south side (park side). There were no accident reports found for W. 441 Street, between Grimes and Wooddale, since 1991. There were four radar surveys done, two in the morning and two in the afternoon. This involved 239 vehicles in the morning and 435 vehicles in the afternoon. The morning 85 percentile speed was 34 MPH and the afternoon was 33 MPH. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 9 There were also speed surveys done with the traffic hoses at this same location from 6/30/97 to 7/2/97. The 85 percentile speed ranged between 34.3 and 35.1 MPH which was very close to those done with the radar. The traffic count was also looked at. There are traffic counts available for this road back to 1983 with counts being every other year. The average for the last 14 years has been 3,861 vehicles in 24 hour period. The count for 1997, that was just recently done, was 3,668 which is actually a decrease. The staff,'after considerable discussion, recommends denial of the crosswalk, "Yield" signs and curb cuts at center point of park on its boundary with W. 441 Street. The staff does recommend that the Police Department utilize the speed monitor trailer at that location when it becomes available. The staff would also entertain a petition for sidewalks for the south side of W. 44"' Street from Wooddale Avenue to Grimes with appropriate handicap curb cuts at those intersections if so requested by residents. 11. Request for some kind of "Children at Play" warning signs upon entering W. 56' Street from the west frontage road of Highway 100. Requester says that cars coming on to W. 56' Street from the frontage road come over the crest of the hill (which is approximately at 5009 W. 56th Street) too fast and continue to gather speed as they come down the hill going west_ towards Warwick Place. There are no sidewalks on W. 561 Street. A speed survey was done during evening rush hour 4:40 PM to 5:40 PM. There were 23 vehicles westbound and 13 vehicles eastbound during this time. Of the 23 vehicles westbound coming over the crest from the frontage road, 6 were over 30 MPH; one at 35 MPH, one at 33 MPH, one at 32 MPH and 3 at 31 MPH. There have been no reportable accidents since 1991 for W. 56t' Street at this location. Staff recommends denial on any warning signs for this location due to lack of warrants. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 10 SECTION C: 1. Request for better identification of the pedestrian crossing on the southeast corner of W. 66t' Street and York Avenue. Also, request for longer walk light cycle for this intersection. Requester says that the portion of crosswalk for the southeast corner of W. 66t' Street and York, that goes from sidewalk to island where walk light button is actually located, is. unmarked and dangerous for pedestrians. The sidewalk and traffic island for pedestrians with location of walk light button is divided by the right turn lane for traffic going east on W. 66t' Street from northbound York Avenue. At this location there are handicap curb cuts for the crosswalk at both the sidewalk and the island, but no crosswalk markings. Also there is no signing etc. to indicate to motorists that they are approaching a crosswalk area. Requester also says that the walk light cycle is too short for entire intersection. Walk light cycle appeared to be only 7 seconds which allows any person adhering to this light cycle, only to get to the median. of road_ way. In essence, if a person is going from the southeast corner of W. 66th Street and York Avenue to the northwest corner, as the requester does often, it takes 4 complete cycles of the traffic lights there to get across. This intersection has had approximately 104 accidents since 1991; 22 personal injury accidents, 73 property damage accidents, 73 property damage accidents and 9 hit and run accidents. There have been 7 accidents in that right turn lane of the southeast corner; 1 of those involving a bicyclist who sustained injuries and driver who Jeft the scene of accident, and 5 of the 7 accidents involved injuries. There were no pedestrian involved accidents. The staff reviewed this request and will refer it to Hennepin County for their consideration. 2. Request for longer walk light cycle at Hazelton and York Avenue. Requester lives at 7151 York and is a senior citizen along with many others who live at 7151 York and frequently use the crosswalk at York and Hazelton. The requester says that the walk light cycle is very short and doesn't give the seniors enough time to cross safely. TRAFFIC SAFETY STAFF REVIEW July 7, 1997 Page 11 The walk light cycle appears to be 6 to 7 seconds long which does cause problems for seniors crossing. Traffic is heavy with little attention paid to pedestrians by motorists at this location. Staff will refer to Hennepin County for their review. 3. The request for some type of signing or signalization to control traffic at Vernon and Gleason Avenue. On 6/19/97 the staff received a letter from Thomas Johnson, Transportation Planning Engineer for Hennepin County. The letter was in reference to the study they did at Vernon and Gleason Avenue. They did the study at our previous request to determine whether or not the intersection met warrants for the installation of a signal or an all -way "Stop ". The warrant for an all -way "Stop" was not met and therefore, would not be allowed. Regarding a signal, two warrants were met for the intersection. These related to traffic volume at different times. Another factor in deciding on a signal is the accident rate. The accident rate, the letter states, while perhaps perceived as being troublesome, is lower than the average County rate for a tee -type intersection. The County board has adopted a policy which governs whether or not the County will allow signals to be installed on County roadways. The policy provides that the "priority factor" have a value of at least 30 for a signal to be allowed. When combining the traffic volumes and accident records, the priority factor for this intersection is currently 30. Even though this meets the County's minimum value, it is towards the bottom of their priority listing. Typically, they only fund a limited number of new signalization projects each year. Therefore, they are not currently inclined to agree to signal installation. And even if a signal were to be allowed, the City would need to plan on paying for all of the costs of its installation. They suggest that before considering a signal the City might wish to wait until it can appraise whether the pending ramp modification at Bren Road and TH 169 affects cut through traffic that may be using Vernon Avenue. At this point it appears that an all -way "Stop" is out of the question and a signal at this point is very unlikely to be installed in the near future without the City accepting the total cost. July 9, 1997 City of Edina Dear Resident of Tanglewood Court: It has been brought to our attention that there has been occasional instances of local drivers (residents) or their acquaintances driving too fast on Tanglewood Court causing some concern for the safety of the children and other pedestrians. Tanglewood Court is a dead end street with the majority of its traffic being residents or their friends. Because of this feature it should also by rights be one of the safer streets that a person could live on. And up to this point, Tanglewood Court has been a very safe street to live on. If you have ever been in an accident you know the trauma and stress it can cause, no matter how small the accident. And if you ever hit a child (let along any person), can you imagine what you would go through both mentally and physically. I can assure you that it is something you never want to experience. When you are driving please put yourself on guard to what's going on around you, especially in areas such as Tanglewood Court where there are no sidewalks and someone or something could pop out in front of you with no warning for you to take evasive action. Save yourself some grief and feel good when you get to your destination. I'm hoping you will pass this message on to your family, friends, and acquaintances that use Tanglewood .Court and with everyone's cooperation we can prevent a harmful event from happening. And just in case -there is someone that doesn't seem to get the message, try to get their license plate number and any other information available and I will follow up on it. Sincerely, t Vince Bongaart Traffic Safety Coordinator City of Edina (612)927 -8861, ext. 327) VB /clf City Hall (612) 927 -8861 4801 WEST 50TH STREET FAX (612) 927 -7645 EDINA, MINNESOTA 55424 -1394 TDD (612) 927 -5461 TO: CITY COUNSEL FROM: NEIGHBORS ON 56TH ST., EDINA RE: TRAFFIC Our neighborhood had requested a traffic study to be done for the area on 56th St. between France Ave. and Wooddale Ave. Our concerns were: 1) Speed of traffic 2) The number of cars -- we feel cars use 56th St. as an alternative to 54th or 58th St. when traveling between Wooddale and France. Using 56th St. alleviates all stoplights and there is only 1 stop sign in this area (many cars roll right through it as well!) 3) The time of day we have fast traffic - -we feel that the busiest times for traffic on our street is in the morning when people are driving to work and school (the time children are crossing the street to wait for buses) and in the later afternoon when people are returning from work and school or driving to after school activities. * *We do realize the number of cars during a day does not warrant a stop sign based on the outlined criteria but we feel the intermittent traffic is even more dangerous as small children don't realize how busy the traffic can be. We requested a traffic study to be done and to the best of our knowledge a car was stationed on our street 3 times in the past 3 weeks. The first car was parked at the corner or 56th and Brookview on Brookview AT the stop sign. It was there at 10a.m. , a time that is not of concern to us. 0 The second car was on Park PL at 56th St. at 3:30 p.m.. The car was not in view of the cars traveling west on 56th but was in full view for cars traveling east. Also, 3:30 is a time of concern during the school year but seeing that school is out traffic does not really start until later afternoon. At this point I received a call from Vince ( the gentleman that coordinates traffic studies) at City Hall who told me that the study was complete and that based on the information gathered that we did not meet the criteria necessary for a stop sign. He suggested we go to the City Counsel meeting. I then spoke to a woman at City Hall and told her we would like to be on the agenda for the meeting July 21 and she told us we need only show up and could speak at the meeting and /or give her something written beforehand for the counsel to review. I mentioned that we did not feel 2 traffic checks really was enough and that is why we would be coming . Since this call last Thursday July 10, we have noticed another car checking radar. Our suggestions are: 1) We would like stop signs at each corner between France and Wooddale or at least at 56th and Park ( there are 13 children between Brookview and Park Pl. under the age of 8) Every corner between Wooddale and Concord has a stop sign and we feel that strip of road is less traveled. Every corner in Country Club has a stop sign as well. We have been told that the stop signs were placed there not out of compliance with traffic criteria but because all neighbors signed a petition. We are willing to do the same. 2) A no left turn sign on France Ave. for traffic heading north on France from 4 -6 p.m._ This.would also reduce the fairly large number of rear end collisions at this location as well as reduce cut through traffic. 3) A speed indentation in the road to slow down traffic. We realize speed bumps can't be used because of snow plowing. 4) Sidewalks on 56th street from Wooddale to France. Our concern is for the safety of our children. We have 10 children at 56th and. Brookview. / Park Place under 4 years old and 13 children under 8. We appreciate your attention to this matter and welcome any suggestions you may. have as well. Theresa and Mark McCarthy Kristen and Paul Commers Mia and David Liebl Mary and John Everett Cheri and Kevin Morris REPORT /RECOMMENDATION To: Mayor & City Council Agenda Item # y.,B. From: Debra Mangen Consent City Clerk Information Only Date: July 21, 1997 Mgr. Recommends ❑ To HRA ® To Council Subject: Precinct 14 Polling Place Action E] Motion Change ® Resolution Ordinance ❑ Discussion Recommendation: Adopt a resolution moving the polling place for Edina Precinct 14 from Edina Community Lutheran Church at 4113 West 54`h Street to St. Peter's Lutheran Church at 5421 France Avenue. Info /Background: Last year, St. Peters Church remodeled their facility so the City was unable to use it as a polling place for the General Election in November. The renovation is complete and we can once again use the church for our Precinct 14 Polling Place. The Council must take action via a resolution at least thirty days before an election. The next election to be held in Edina is scheduled for November 4, 1997 School Board. I would recommend Council change the polling place now, allowing ample time for notification of the Precinct 14 registered voters before November 4t'. REPORT/RECOMMENDATI ON TO: MAYOR & COUNCIL Agenda Item # v. c FROM: POLICE CHIEF Consent WILLIAM BERNHJELM Information Only DATE: JULY 18, 1997 Mgr. Recommends To HRA SUBJECT: aTo Council AGREEMENT FOR DISPOSAL OF Action a Motion PROPERTY WITH THE CITY STORE Resolution Ordinance ® Discussion Staff recommends approval of the attached agreement with City Store Inc. for disposal of property. Previously, the City Code was amended to permit this type of action. This agreement has minor changes from the previously submitted document. These have been approved by City Attorney Jerry Gilligan. AGREEMENT BY AND BETWEEN THE CITY OF EDINA AND THE CITY STORE This agreement is entered into as of the day of , 1997, by and between. the City of Edina (City), a'municipal.corporation, and The City Store, a private, nonprofit corporation. In the matter of disposing of unclaimed and forfeited property or surplus from the City of Edina and the Edina Police Department property /evidence room and the City Store, the undersigned agree to the following: THE CITY STORE WILL: • Set the sales price of the items placed. • Track in -store records of City of Edina/Edina Police Department property and will issue quarterly report. • Divide proceeds equally between the City of Edina and The City Store. • Issue proceed checks quarterly to the City of Edina and remit to: Edina Police Department ATTN: Property Manager 4801 West 50th Street Edina, MN 55424 • Accept the merchandise transferred to them on an "as is" basis with no warranty expressed or implied with respect to its safety, fitness or otherwise. • Use the merchandise for the purpose of economic development in the community. The City Store shall determine the "fair market value" of said merchandise. • Indemnify, defend, and hold the City harmless from any action, liability or judgment arising out of the exchange of the merchandise or from the marketing and sale of said merchandise. • Comply with all applicable laws, ordinances and codes of the Federal, State and local governments. • Continue to meet the criteria for operation as agreed upon by the City of Minneapolis and The City Store as a cooperative venture between government and business. This agreement states that The City Store will maintain its status as a non -profit community service oriented organization and must develop training programs for youth and utilize those youth in the, jobs created by their operation. • Be responsible for all costs of retail space, operational costs and overhead expenses. THE CITY OF EDINA WILL: • Transport salable property to The City Store. • Retain the right to place minimum prices on jewelry or other collectibles. • Assign an inventory number unique to City of Edina/Edina Police Department property. (Example: ED001 or E001.) • Provide a steady volume of merchandise at regular intervals to the City Store. • Reserve the right to conduct on -site audits and /or inspections, without notice, to insure compliance with existing laws, rules and regulations per this agreement. In addition to the above, the following will apply: • Nothing in this agreement is intended to or shall be construed in a manner as creating or establishing the relationship of employer /employee between the parties. The City Store is and shall -be, at all times,. an independent contractor via this agreement. • The City Store is awarded this contract for an initial period of three (3) years. At the City of Edina's option, two (2) one -year extensions may be granted. The contract shall run from the first date shown above. Each party retains the right to end this agreement by providing a 30 -day notice in writing to the other party. • This contract does not provide an exclusive right to dispose of City property. The City retains the right to dispose of any items through auction, sealed bid sale or any.other means established by statute, should it so desire. • The City of Edina retains right title and interest'in property provided to the City Store until sold by the City Store. At the conclusion of the agreement, property provided by the City will be returned to the City if so requested. • Each party shall exclusively control and be legally responsible for their own employees; servants or volunteers and their pay, insurance and taxes. THE CITY STORE CITY OF EDWA By: By: Title: Attest: REPORT /RECOMMENDATION To: City Council Agenda Item # V.D. From: Glenn L. Smith Consent ❑ Mayor Information Only ❑ Date: July 21, 1997 Mgr. Recommends F� To HRA ® To Council Subject: Reappointment to Action ® Motion Community Education Service Board F� Resolution Ordinance Discussion Recommendation: Adopt a motion appointing Mike Kelly, Jean Rydell and Jeanine Nayes to the Community Education Service Board for a one year term ending June 30, 1998. Info /Background: Annually the City Council appoints three persons to represent the City on the Community Education Services Board. One appointment is made from the Council, one from the Park Board and one from the community at large. The three persons currently serving are Mike Kelly, Council; Jean Rydell, Park Board; and Jeanine Nayes, at large. I have contacted all three and they have agreed to serve for another year. } ,,k O1 TO: AGENDA rrEM: DATE: July 21. 1997 `°"� I REQUEST FOR PURCHASE MAYOR AND COUNCIL FROM: KENNETH ROSLAND VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 TI'EM DESCRIPTION: MASONRY AT THE ART CENTER Comp ai Bid Amount L Greystone Construction Company 1. $23,500,00 I Robert W. Compton, Inc. 2. $24,750.00 3. 3. 4. 4. 5. 5. RECOMMENDED BID: low bid - Greystone Construction - $23,500 GENERAL INFORMATION: Signature The Recomme ed bid ' ( thin budget) f Kenneth Rosland, City Manager Department (not within bud et) ohn Wallin, Finance Director r /-k O1 AGENDA ITEM: DATE: July 21, 1997 REQUEST FOR PURCHASE TO: MAYOR AND COUNCIL FROM: KENNETH ROSLAND VIA: KENNETH ROSLAND, CITY MANAGER SUBJECT: CONCRETE PLANKING FOR THE ART CENTER - RECOMMEND LOW BID ITEM DESCRIPTION: MANUFACTURE, DELIVER 6 ERECT PRECAST CONCRETE Company Bid Amount �• Spancrete Midwest Company 1. $11,454.00 2. Molin Concrete Products Company 2. $11,645.00 3. 4. RECOMMENDED BID: SPANCRETE MIDWEST COMPANY - $11,454.00 GENERAL INFORMATION: --� ADMINISTRATION Si nature Department The Recommended bid is ( within budget) (not within budget) Kenneth Rosland, City Manager John Wallin, Finance Director COUNCII 3CK REGISTER WED, JUL 9, 1997, 7:07 PM page 1 CHECK NO CHECK DT ------ --------= -169424--06/13/97 --- CHECK AMOUNT --- --------------------------------------------Q----------- VENDOR ----------- DESCRIPTION INVOICE- PROGRAM OBJECT PO NUM. 06/13/97 $200,000.00 CITY-OF-EDINA Payroll-transfer ------ --- 061397 LIQUOR - ---- PROG CASH ----------------------- 06/13/97 $200,000.00 CITY OF EDINA Payroll transfer 061397 LIQUOR PROG CASH < *> $0.00* 169425 06/27/97 06/27/97 $96,000.00 - $96,000.00 CITY OF EDINA CITY Payroll transfer 062797 LIQUOR PROG CASH < *> $0.00* OF EDINA Payroll transfer 062797 LIQUOR PROG CASH I 177316 < *> 06/10/97 $135.00 $135.00* Aagaard, Pam Swimming refund - 061097 GENERAL FD PRO REGISTRATION F i 17 *317 j < > 06/10/97 $50.00 $50.00* Abram, Peggy Swimming refund 0601097 I GENERAL FD PRO REGISTRATION F I� 177318 < *> 06/10/97 $90.00 Aldinger, Tori Swimming refund 061097 GENERAL, FD PRO REGISTRATION F $90.00* {{I 17 *319 I < > 06/10/97 $45.00 $45.00* Alt, Jim Swimming refund 061097 GENERAL.FD PRO REGISTRATION F 177320 *> 06/10/97 $45.00 Anderson, Julie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < $45.00* 177321 < * >. 06/10/97 $90.00 $90.00* Anderson, Lori Swimming refund 061097 GENERAL FD PRO REGISTRATION F I 177322 < *> 06/10/97 $90.00 $90.00* Armstrong, -Patty Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177323 i < *> 06/10/97 $45.00 $45.00* Arteel, Patti Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *324 < > 06/10/97 $45.00 $45.00* Battle, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177325 < *> 06/10/97 $45.00 $45.00* Bedford, Robin Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177326 *> 06/10/97 $45.00 Bell, David Swimming refund 061097 GENERAL FD PRO REGISTRATION F i< $45.00* 17 *327 < > 06/10/97 $100.00 $100:00* Bell, Lee Swimming refund 061097 GENERAL FD PRO REGISTRATION F I i 177328 ' < *> 06/10/97 $45.00 Berge, Joan Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177329 < *> 06/10/97 $45.00 Bergren, Jan Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 17 *330 < > 06/10/97 $45.00 *. Berntson, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00 17'331 < > 06/10/97 $90.00 $90.00* Beeke, Gail Swimming refund 061097 GENERAL FD PRO REGISTRATION F 0 COUNCIL CHECn REGISTER WED, JUL 9, 1997, 7:07 PM $45.00* $45.00 Fenlason, Catherine Swimming page CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM Swimming refund OBJECT PO NUM. ----------------------------------------------------------------------------------------------------------------------------------- 177332 06/10/97 $45.00 Blue, Chris Swu= imming refund 061097 GENERAL FD PRO REGISTRATION F < *> Swimming $45.00* 177333 06/10/97 $45.00 Brand, Bethany Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177334 06/10/97 $45.00 Brand, Bethany Swimming refund 061097 GENERAL FD PRO.REGISTRATION F < *> $45.00* 177335 .06/10/97 $90.00 Burrows, Julie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177336 06/10/97 $90.00 Cahn, Laurie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177337 06/10/97 $45.00 Carlson, Jackie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177338 06/10/97 $100.00 Carr, Ann Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $100.00* 177339 06/10/97 $90.00 Clark, Kathy Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177340 06/10/97 $45.00 Cologne, Julie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177341 06/10/97 $90.00 Cronin, Ann Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177342 06/10/97 $45.00 Dangin, Noelle Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177343 06/10/97 $45.00 Daudt, Robert Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177344 06/10/97 $45.00 Delegard, Patricia Swimming refund 061097 GENERAL FD PRO.REGISTRATION F < *> $45.00* 177345 06/10/97 $135.00 Demos, Barb Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $135.00* 177346 06/10/97 177347 06/.10/97 177348 06/10/97 177349 06/10/97 177350 06/10/97 $45.00 Eisele, Michele Swimming refund $45.00* $45.00 Fenlason, Catherine Swimming refund $45.00* $90.00 Ferrara, Karen Swimming refund $90.00* $45.00 Fietek, Christine Swimming refund $45.00* $9q.00 Finnegan, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F 061097 GENERAL FD PRO REGISTRATION F 061097 GENERAL FD PRO REGISTRATION F 061097 GENERAL FD PRO REGISTRATION F 061097 GENERAL FD PRO REGISTRATION F COUNCIL d.CK REGISTER WED, JUL 9, 1997, 7:07 PM page 3 CHECK NO CHECK DT j --- ---- -- --- ----- -- CHECK AMOUNT ------ ------- - --- - - - - -- - - - - - -- VENDOR -------- - - - - -- DESCRIPTION INVOICE- PROGRAM OBJECT PO NUM. I < > $90.00* - - --- - - - -- - ------- ------------- - -- - -- - -- i < *> 06/10/97 $45177351 .00 Fittipaldi, Diane Swimming refund 061097 GENERAL FD PRO REGISTRATION F 1 $45.00* i 17 7352 •1 < > 06/10/97 $45.00 $45.00* Fix, Eva Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177353 -C 06/10/97 $45.00 $45.00* Fleming, Scott Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177354 < *> 06/10/97 $45.00 $45.00* Fletcher, Pat Swimming refund 061097 GENERAL FD PRO REGISTRATION F i 177355 < *> 06/10/97 $90.00 $90.00* Forbord, Beth Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177356 < *> 06/10/97 $45.00 Foreman, Dennis Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* i 177357 < *> 06/10/97 $45.00 $45.00* Frank, Paula Swimming refund 061097 GENERAL FD PRO REGISTRATION F i 177358 < *> 06/10/97 $45.00 $45.00* Frankfurt, Amy Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *359 < > 06/10/97 $45.00 Freeman, Pamela Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177360 < *> 06/10/97 $90.00 $90.00* Fullmer, Barbara Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177361 < *> 06/10/97 $45.00 $45.00* Gilmore, Paula Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177362 <'> 06/10/97 $45.00 $45.00* Griep, Katie Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177363 ! < *> 06/10/97 $45.00 $45.00* Grimsby, Sherry Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177364 < *> 06/10/97 $45.00 $45.00* Gurley, Karen Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177365 < *> 06/10/97 $45.00 Haben, Robert Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177366 < *> 06/10/97 $45.00 $45.00* Hagemo, Brenda Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177367 < *> 06/10/97 $90.00 $90.00* Halvorson, Robert Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177368 < *> 06/10/97 $90.00 $90.00* Hanson, Susan Swimming refund 061097 GENERAL FD PRO REGISTRATION F i COUNCIL CHECK REGISTER WED, JUL 9, 1997, 7:07 PM page CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. ----------------------------------------------------------------------------------------------------------------------------------- 177369 06/10/97 $50.00 Hatzung, Steve Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> i $50.00* 177370 06/10/97 $45.00 Hauge, Nancy Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* j 177371 06/10/97 _$45.00 Hauge, Terri Swimming refund 061097 GENERAL FD PRO REGISTRATION F ;i < *> $45.00* 177372 06/10/97 $45.00 Heathcote, Judy Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177373 06/10/97 $45.00 Helgen, Beth Swimming refund 061097 GENERAL FD PRO REGISTRATION F i < *> $45.00* 177374 06/10/97 $50.00 Henry, David Swimming refund 061097 GENERAL FD PRO REGISTRATION F j < *> $50.00* 177375 06/10/97 $90.00 Herda, Jan Swimming refund 061097 GENERAL FD PRO REGISTRATION F j < *> $90.00* { 177376 06/10/97 $45.00 Hess, Gregg Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177377 06/10/97 $45.00 Hodges, Linda Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* I 177378 06/10/97 $90.00 Horns, Lori Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177379 06/10/97 $45.00 Hosler, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177380 06/10/97 $135.00 Hulbert, Alice swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $135.00* 177381 06/10/97 $45.00 Iacono, David Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177382 06/10/97 $45.00 Jackson, Rick Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177383 06/10/97 $90.00 Jacobson, Kathleen Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177384 06/10/91 $45.00 Jaffee, Karen Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177385 06/10/97 $45.00 Janssen, Ed Swimming refund 061097 GENERAL FD PRO REGISTRATION F i < *> $45.00* 177386 06110/97 $45.00 Johnson, Kay Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177387 06/10/97 $9Q.00. Johnson, Susan Swimming refund 061097 GENERAL FD PRO REGISTRATION F COUNCI .ECK REGISTER WED, JUL 9, 1997, 7:07 PM I CHECK -------- NO CHECK DT ------------- CHECK-AMOUNT - - VENDOR DESCRIPTION INVOICE page 5 PROGRAM - - -- - - -- -- $90.00* OBJECT PO NUM. - -- ' 17 388 06/10/97 $45.00 Jordan, Sue $45.00* Swimming refund 06 1097 GENERAL FD PRO REGISTRATION F le *'89 06/10/97 $45.00 Jursik, Sue $45.00 * Swimming refund 061097 GENERAL FD PRO REGISTRATION F I 177390 .06/10/97 $45.00 $45.00* Kaufman, Pam Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177391 ` *' 06/10/97 $50.00 $50.00* Kenieton Ma ry Swimming refund 061097 GENERAL FD PRO REGISTRATION F i 177392 06/10/97 $90.00 $90.00* Kerr, Elizabeth - Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177393 06/10/97 $90.00 $90.00* Koester, Marcia Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177394 .06/10/97 $90.00 $90.00* Kopp, Judy Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17*395 06/10/97 $90.00 $90.00* Kreofeky, Leslie Swimming refund 061097 GENERAL FD PRO REGISTRATION � F j I 17*396 06/10/97 $45.00 $45.00* Kretzman, Kim Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177397 06/10/97 $45.00 $45.00+ Krieger, Patty Swimming refund 061097 i GENERAL FD PRO REGISTRATION F 177398 06/10/97 $45.00 $45.00* Krupnick, Barbara Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177399 06/10/97 $45.00 $45.00* Larson, Patricia Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177400 06/10/97 $45.00 $45.00* Leer, Maureen Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177401 X74 � 06/10/97 $45.00 $45.00* Lentsch, M Katherine Swimming refund 061097 i GENERAL FD PRO REGISTRATION F {I 177402 06/10/97 $45.00 $45.00* Lindmeier,. Susie Swimming refund 061097 GENERAL FD PRO REGISTRATION F i 177403 06/10/97 $45.00 $45.00* Link, Genevieve Swimming refund 061097 GENERAL FD PRO REGISTRATION F ! 177404 06/10/97 $90.00 $90.00* Llanes, Carlos Swimming refund. 061097. GENERAL FD PRO REGISTRATION F 177405 ` *'' 06/10/97 $45.00 $45.00* Lockhart Eva, Swimming refund 061097 GENERAL FD PRO - REGISTRATION F COUNCIL CHECK REGISTER WED, JUL 9, 1997, 7:07 PM page c CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. j ------------------------------------------------------------------------------------------------------------------------------------ i 177406 06/10/97 $90.00 Lonsbury, Beverly Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177407 06/10/97 $45.00 Lynch, Diane Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177408 06/10/97 $50.00 Mary Pat O'Connor -Nelso Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $50.00* 177409 06/10/97 $45.00 McCann, Larry Swimming refund 0610.97 GENERAL FD PRO REGISTRATION F < *> $45.00* 177410 06/10/97 $45.00 McCanna, Jeanne Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177411 06/10/97 $45.00 McCarthy, Virginia Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177412 06/10/97 $45.00 Michaelis, Robert Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* i 177413 06/10/97 $45.00 Milne, Liz Swimming refund 061097 GENERAL FD PRO REGISTRATION F i < *> $45.00* 177414 06/10/97 $45.00 Moir, Cheryl Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* i 177415 06/10/97 $45.00 Moosbrugger, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> i $45.00* 177416 06/10/97 $45.00 Mosey, Honor Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* I 177417 06%10/97 $45.00 Murray, Carolyn Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177418 06/10/97 $90.00 Neaton, Kathleen Swimming refund 061097 GENERAL FD PRO REGISTRATION F 15 *> $90.00* 177419 06/10/97 $45.00 Nelson, Betsy Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177420 06/10/97 $90.00 Nelson, Bonnie Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177421 06/10/97 $45.00 Nilsen, Jane Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177422 06/10/97 $45.00 O'Connor, Dana Swimming refund 061097 GENERAL FD PRO REGISTRATION F I < *> j $45.00* 177423 06/10/97 $45.00 Orr, Lyn Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177424 06/10/97 $135.00 Patera, Therese Swimming refund 061097 GENERAL FD PRO REGISTRATION F COUNCI: 3CK REGISTER WED, JUL 9, 1997, 7:07 PM i page 7 CHECK NO CHECK DT - - - - -- ----- -- CHECK AMOUNT - - - - -- VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. < *> $135.00* --------------------------------------------------- 177425 < *> 06/10/97 $90.00 Pearson, Forrest Swimming refund 061097 GENERAL FD PRO REGISTRATION F $90.00* 177426 < *> 06/10/97 $90.00 Phelps, Kimberly Swimming refund 061097 GENERAL FD PRO REGISTRATION F i $90.00* 177427 < *> 06/10/97 $90.00 Rails, Cheryl Swimming refund 061097 GENERAL FD PRO REGISTRATION F $90.00* I I< 177428 *> 06/10/97• $90.00 $90.00* Rand, Suzanne Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177429 < *> 06/10/97 $45.00 Reali, Kathryn Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* I 17 *430 < > 06/10/97 $50.00 $50.00* Reese, Nancy Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177431 < *> 06/10/97 $45.00 $45.00* Rethlake, Ann Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177432 i < *> 06/10/97 $45.00 $45.00* Richards, Hallie Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *433 < > 06/10/97 $45.00 $45.00* Roberts, Ann Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177434 < *> 06/10/97 $45.00 Robinson, Vicki Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 17 *435 < > 06/10/97 $45.00 $45.00* Rooney, Laura Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *436 < > 06/10/97 $45.00 $45.00* Rossi, Mary Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177437 < > 06/10/97 $45.00 $45.00* Salisbury, Kim Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177438 < *> 06/10/97 $45.00 $45.00* Sandvik, Patti Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177439 < *> 06/10/97 $45.00 $45.00* Scherer, Nancy Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *440 < > 06/10/97 $45.00 $45.00* Schnaus, Lyn Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177441 < *> 06/10/97 $45.00 Schwartz, Jeffrey Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177442 < *> 06/10/97 $45.00 $45.00* Sciammae, Carnie Swimming refund 061097 GENERAL FD PRO REGISTRATION F COUNCIL CHECK REGISTER WED, JUL 9, 1997, 7:07 PM page f CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. a------------------------------------------------------------------------------------------------------------------------------------ 177443 06/10/97 $45.00 Sedoff, Marty Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177444 06/10/97 $90.00 Sierks, Bill Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177445 06/10/97 $45.00 Skallerud, James Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177446 06/10/97 $45.00 Slater, Kelly Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177447 06/10/97 $45.00 Smith, Carol Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* r 177448 06/10/97 $90.00 Smith, Terri Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177449 06/10/97 $45.00 Soderquist, Joe Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177450 06/10/97 $90.00 Stageberg, Sandra Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177451 06/10/97 $45.00 Stewart, Jennifer Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177452 06/10/97 $45.00 Stinson, Patrick Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177453 06/10/97 $90.00 Swanson, Jan Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $90.00* 177454 06/10/97 $50.00 Sweet, Mike Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $50.00* 177455 06/10/97 $45.00 Swift, Nanine Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177456 06/10/97 $45.00 Taylor, Kathleen Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177457 06/10/97 $45.00 Walker, Jodi Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177458 06/10/97 $45.Ob Walker, Susan Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177459 06/10/97 $45.00 Wand, Kimberly Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177460 06/10/97 $45.00 Wangen, Lynn Swimming refund 061097 GENERAL FD PRO REGISTRATION F < *> $45.00* 177461 06/10/97 $45.00 Watkins, Joan Swimming refund 061097 GENERAL FD PRO REGISTRATION F I COUNCIL ZCK REGISTER WED, JUL 9, 1997, 7:07 PM page 9 CHECK ---- --- - - -DT -- CHECK - �4 ----- ----- ---- - -- VENDOR - - - - -- DESCRIPTION INVOICE PROGRAM-- OBJECT- - - - - -- - - - -- - - -_ -- - - - -PO -NUM. --- - - - - -- ! 177462 < *> 06/10/97 $45.00 Weise, Stacie Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177463 < *> 06/10/97 $45.00 W hits, David Swimming refund 061097 GENERAL FD PRO REGISTRATION F $45.00* 177464 < *> 06/10/97 $90.00 Wilcox, Victoria Swimming refund 061097 GENERAL FD PRO REGI�ISTRATION F $90.00* 177465 < > 06/10/97 $45.00 $45.00* Winter, Cindy Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177466 < *> 06 10 97 / / $135.00 $135.00* Wolahan, Janet Swimming refund 061097 GENERAL FD PRO REGISTRATION F 17 *467 < > 06/10/97 $45.00 $45.00* Wood, Stacy Swimming refund .061097 GENERAL FD PRO REGISTRATION F 177468 < *> 06/10/97 $90.00 $90.00* York, Jeannette Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177469 < *> 0.6/10/97 $45.00 $45.00* Younger, Rita Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177470 < *> 06/10/97 $90.00 $90.00* Zazzera, Susan Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177471 < *> 06/10/97 $45.00 $45.00* Zickert, Laurie Swimming refund 061097 GENERAL FD PRO REGISTRATION F 177891 < *> 06/16/97 $8,400.72 $8,400.72* ABM EQUIPMENT SUPPLY Utility truck box 3893400 EQUIPMENT REPL EQUIPIREPLACEM 4360 177892 06/16/97 06/16/97 $23,046.23 $15,886.22 NSP NSP LIGHT & POWER 15296010 ST LIGHTING RE LIGHTI& POWER < *> $38,932.45* LIGHT & POWER 15296010 ST.LIGHTING OR LIGHT & POWER 177893 06/16/97 06/16/97 $23.37 $23.37 PERA PERA PERA 061697 _GENERAL FD PRO P.E.R:A. PAYAB < *> .$46.74* PERA 061697 GENERAL FD PRO P.E.R!A. PAYAB 177894 06/16/97 06/16/97 $34,155.73 $32,015.86 PERA PERA PERA: 061097 GENERAL FD PRO P.E.R.,A. PAYAB 06_/16/97 - $5,073.19 PERA PERA PERA 061097 GENERAL FD PRO P.E,:R.'�A. PAYAB * < > $61,098.40* 061097 IA GENERAL FD PRO P.E.R.. PAYAB 177895 06/16/97 $698.22 QUALITY WINE COST OF GOODS SOLD WI 504717- 50TH ST SELLIN CST OFIGD WINE 06/16/97 $2$512.84 QUALITY WINE COST OF GOODS SOLD WI 504795CO 06/16/97 06/16/97 $1,336.21 QUALITY WINE COST OF GOODS SOLD WI 504831 YORK SELLING CST OF�,GDS WINE VERNON SELLING CST OF GD WINE 06/16/97 $14.58 $2,779.65 QUALITY WINE QUALITY WINE COST OF GOODS SOLD LI 505493 YORK SELLING CST OF,GD LIQU 06/16/97 $6,410.54 QUALITY WINE COST OF GOODS SOLD COST OF LI 505514 50TH ST _ SELLIN CST OF'GD LIQU GOODS SOLD LI 505515 YORK SELLING CST OF LIQU COUNCIL CHECK REGISTER WED, JUL 9, 1997, 7:07 PM page 1 CHECK NO CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. ------------------------------------------_----------------------------------------------------------------------------------------- < *> $13,905.94* 177896 06/23/97 $72.00 JERNBERG, BOB Siftball official 051297. EDINA ATHLETIC CONTR SERVICES < *> 1 $72.00* 177898 06/23/97 - $19.65 QUALITY WINE COST OF GOODS SOLD WI 505692 YORK SELLING CST OF GD WINE 06/23/97 - $205.37 QUALITY WINE COST OF GOODS SOLD LI 505836 50TH ST SELLIN CST OF GD LIQU 06/23/97 - $16.41 QUALITY WINE COST OF GOODS SOLD LI 506158 VERNON SELLING CST OF GD LIQU 06/23/97 - $13.50 QUALITY WINE COST OF GOODS SOLD LI 506188 YORK SELLING CST OF GD LIQU 06/23/97 QUALITY WINE COST OF GOODS SOLD LI 506206 VERNON SELLING CST OF GD LIQU 06/23/97 _$1,186•.05 - $86.50 QUALITY WINE COST OF GOODS SOLD LI 506717 VERNON SELLING CST OF GD LIQU j 06/23/97 $1,522.57 QUALITY WINE COST OF GOODS SOLD WI 506782 50TH ST SELLIN CST OF GD WINE 06/23/97 $2,221.13 QUALITY WINE COST OF GOODS SOLD WI 506783 VERNON SELLING CST OF GD WINE 06/23/97 $1,370.72 QUALITY WINE COST OF GOODS SOLD WI 506785 YORK SELLING CST OF GD WINE 06/23/97 $53.31 QUALITY WINE COST OF GOODS SOLD BE 507245 YORK SELLING CST OF GDS BEE 06/23/97 $6,087.12 QUALITY WINE COST OF GOODS SOLD LI 507530 VERNON SELLING CST OF GD LIQU 06/23/97 $14.58 QUALITY WINE COST OF GOODS SOLD LI 507531 VERNON SELLING CST OF GD LIQU 06/23/97 $14.58 QUALITY WINE COST OF GOODS SOLD LI 507532 50TH ST SELLIN CST OF GD LIQU 06/23/97 $1,799.91 QUALITY WINE COST OF GOODS SOLD LI 507535 50TH ST SELLIN CST OF GD LIQU 06/23/97 $5,446.83 QUALITY WINE COST OF GOODS SOLD LI 507536 YORK SELLING CST OF GD LIQU 06/23/97 $287.24 QUALITY WINE COST OF GOODS SOLD LI 507910 YORK SELLING CST OF GD LIQU < *> $19,662.61* 177899 06/30/97 $33,732.93 PERA P.E.R.A. PAYABLE 063097 GENERAL FD PRO P.E.R.A. PAYAB 06/30/97 $33,172.65 PERA PERA 063097 CENT SVC GENER HOSPITALIZATIO 06/30/97 - $6,573.86 PERA PERA 063097 GENERAL FD PRO PR- CASH -99 < *> $60,331.72* 177900 06/30/97 $23.37 PERA PERA 062797 GENERAL FD PRO PR- CASH -99 06/30/97 $23.37 PERA P.E.R.A. PAYABLE 062797 GENERAL FD PRO P.E.R.A. PAYAB < *> $46.74* 177901 06/30/97 $2,340.66 QUALITY WINE COST OF GOODS SOLD WI 508745 YORK SELLING CST OF GD WINE 06/30/97 $1,971.20 QUALITY WINE COST OF GOODS SOLD WI 509107 50TH ST SELLIN CST OF GD WINE 06/30/97 $14.90 QUALITY WINE COST OF GOODS SOLD LI 509548 VERNON SELLING CST OF GD LIQU 06/30/97 $201.09 QUALITY WINE COST OF GOODS SOLD WI 509566 50TH ST. SELLIN CST OF GD WINE 06/30/97 $5,064.37 QUALITY WINE COST OF GOODS SOLD LI 509579 YORK SELLING CST OF GD LIQU 06/30/97 $2,186.95 QUALITY WINE COST OF GOODS SOLD LI 509580 50TH ST SELLIN CST OF GD LIQU 06/30/97 $2,309.26 QUALITY WINE COST OF GOODS SOLD WI 509584 VERNON SELLING CST OF GD WINE 06/30/97 $8,624.64 QUALITY WINE COST OF GOODS SOLD LI 509586 VERNON SELLING CST OF GD LIQU < *> $22,713.07* 178565 07/08/97 $100.00 QUALITY WINE COST OF GOODS SOLD WI 506783. VERNON SELLING CST OF GD WINE 07/08/97 - $11.61 QUALITY WINE COST OF GOODS SOLD WI 508566 VERNON SELLING CST OF GD WINE 07/08/97 - $11.79 QUALITY WINE COST OF GOODS SOLD WI 508567 50TH ST SELLIN CST OF GD WINE 07/08/97 -$9.00 QUALITY WINE COST OF GOODS SOLD WI 510213. 50TH ST SELLIN CST OF GD WINE 07/08/97 - $72.13 QUALITY WINE COST OF GOODS SOLD LI 510746 50TH ST SELLIN CST OF GD LIQU 07/08/97 - $73.01 QUALITY WINE COST OF GOODS SOLD LI 510748 VERNON SELLING CST OF GD LIQU 07/08/97 $1,335.94 QUALITY WINE COST OF GOODS SOLD WI 510954 50TH ST SELLIN CST OF GD WINE 07/08/97 $2,035.20 QUALITY WINE COST OF GOODS SOLD WI 510955 YORK SELLING CST OF GD WINE 07/08/97 $2,970.10 QUALITY WINE COST OF GOODS SOLD WI 510957 VERNON SELLING CST OF GD WINE 07/08/97 $4,199.41 QUALITY WINE COST OF GOODS SOLD LI 511141 VERNON SELLING CST OF GD LIQU 07/08/97 $6.37 QUALITY WINE COST OF GOODS SOLD LI 511142 VERNON SELLING CST OF GD LIQU 07/08/97 $2,205.29 QUALITY WINE COST OF GOODS SOLD LI, 511143 50TH ST SELLIN CST OF GD LIQU 07/08/97 $5,711,.32- QUALITY WINE COST OF GOODS SOLD LI 511191 YORK SELLING CST OF GD LIQU • COUNCIi 2CK REGISTER WED, JUL 9, 1997, 7:07 PM page 11 CHECK NO -------------------------------------------------------------------------------------------- CHECK DT CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM. 178565 j 07/08/97 07/08/97 $145.53 $378.57 QUALITY WINE COST OF GOODS SOLD WI 511449 --------------------------------------=- VERNON SELLING CST OF GD WINE 07/08/97 $378.57 QUALITY QUALITY WINE WINE COST COST OF GOODS SOLD LI 511654 YORK SELLING CST OF GD LIQU 07/08/97 $116.55 QUALITY WINE COST OF OF GOODS GOODS SOLD SOLD LI LI 511655 VERNON SELLING CST OF GD LIQU <�> $19,405.31* 511656 50TH ST SELLIN CST OF GD LIQU $253,895.70* i COUNCIL CHECK SUMMARY FOR HAND CHECKS WED, JUL 9, 1997, 7:07 PM page 1 1 ------------------------------------------------------------------------------------------------- $ ---------------------------------- FUND # 10 GENERAL FUND 178,136.77 FUND # 15 WORKING..CAPITAL $72.00 FUND # 50 LIQUOR DISPENSARY FUND $75,686.93 $253,895.70+ COUNCIL 3CK REGISTER WED, JUL 16, 1997, 8:40 PM page 3 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -----------------------------------------------------------------------------------------------=----------------------------------- 178572 07/21/97 $229.35 A.H. Bennett Company Countryside dug out 125975 PK BOND CIP GENERAL SUPPLI 6910 < *> $229.35* 178573 01/21/97 $73.90 AAA LAMBERTS LANDSCAPE P Sod for countryside 052197 PK BOND CIP SOD & DIRT 6386 07/21/97 $48.34 AAA LAMBERTS LANDSCAPE P SOD & BLACK DIRT 061897 'PKBOND CIP SOD & DIRT 7046 c *> $122.24* 178574 07/21/97 $32.00 AAMOTH, TRICIA Class refund 070297 ART CNTR PROG REGISTRATION F < *> $32.00* 178575 07/21/97 $653.86 ACTION MAILING SERVICE About Town 71133 COMMUNICATIONS MAG /NEWSLET EX < *> $653.86* 178576 07/21/97 $85.20 ADAMS PEST CONTROL pest control 1061100 CLUB HOUSE SVC CONTR EQUI 7519 < *> $85.20* 178577 07/21/97 $74.44 ADVANCED GRAPHICS SYSTEM SERVICE CONTRACTS EQU 010796 CENT SVC GENER SVC CONTR EQUI < *> $74.44* I 178578 07/21/97 $223.65 ADVANCED STATE SECURITY Video security tape 17116 YORK SELLING GENERAL SUPPLI 7434 07/21/97 $258.50 ADVANCED STATE SECURITY .Repair /install 17132 VERNON OCCUPAN CONTR REPAIRS < *> $482.15* 178579 07/21/97 $175.00 Aearo Co Glasses 3825321 GENERAL MAINT SAFETY EQUIPME 07/21/97 $90.00 Aearo Co Glasses 03823944 GENERAL MAINT SAFETY EQUIPME < *> $265.00* 178580 07/21/97 $27.72 AIRTOUCH CELLULAR TELEPHONE 062097 ED BUILDING & TELEPHONE 07/21/97 $7.66 AIRTOUCH CELLULAR TELEPHONE 070197 INVESTIGATION TELEPHONE < *> $35.38* 178581 07/21/97 $51.12 ALBINSON PRINTING 596904 INSPECTIONS PRINTING < *> $51.12* ' 178582 07/21/97 $288.00 All Saints Brands COST OF GOODS. SOLD BE 1290 50TH ST SELLIN CSTOF GDS BEE < *> $288.00* 178583 07/21/97 $187.87 ALPHAGRAPHICS PRINTING 38249 ED ADMINISTRAT PRINTING 6466 < *>. .$187.87* 178584 07/21/97 $466.47 AMBERGATE GARDENS Park bond Areneson ac 97111 PK BOND CIP PLANT & TREES 5357 < *> $466.47* 178585 07/21/97 $154.21 AMERICAN FORD 392 Repairs 109365 FIRE DEPT. GEN CONTR REPAIRS < *> $154.21* 178586 07/21/97 $119.54 AMERICAN LINEN LAUNDRY 063097 GRILL LA[INDRY 07/21/97 $137.20 AMERICAN LINEN LAUNDRY 063097 YORK OCCUPANCY LAUNDRY 07/21/97 $237.46 AMERICAN LINEN LAUNDRY 063097 FIRE DEPT. GEN LAUNDRY 07/21/97 $452.77 AMERICAN LINEN LAUNDRY 063097 CITY HALL GENE LAUNDRY 07/21/97 $37.07 AMERICAN LINEN LAUNDRY 063097 50TH ST OCCUPA LAUNDRY 07/21/97 $12.58 AMERICAN LINEN LAUNDRY 063097 LABORATORY LAUNDRY 07/21/97 $44.06 AMERICAN.:LINEN LAUNDRY 063097 VERNON SELLING LAUNDRY < *> $1,040.68* COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 2 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -------------------------------------------------------_----------------------------------------------------------------------------- 178587 07/21/97 - $35.00 AMERIDATA Credit 892171 FINANCE EQUIP REPLACEM 2493 07/21/97 - $43.67 AMERIDATA Credit 966141 CENT SVC GENER DATA PROCESSIN 07/21/97 $818.86 AMERIDATA Software win95 7246 EDINB /CL PROG MACH. & EQUIP 5688 07/21/97 $17.04 AMERIDATA Software win 95 16992 EDINB/CL PROG MACH. & EQUIP 5688 07/21/97 $43.67 AMERIDATA Win95 software 30788 CENT SVC GENER DATA PROCESSIN 2970 07/21/97 $2,760.49 AMERIDATA Win 95 proj 42336 CENT SVC GENER DATA PROCESSIN 6559 07/21/97 $97.98 AMERIDATA Software Braemar 42336 GOLF ADMINISTR GENERAL SUPPLI < *> $3,659.37* 178588 07/21/97 $784.61 ANCOM COMMUNICATIONS INC Antennas, Headset 16297 FIRE DEPT. GEN GENERAL SUPPLI 6588 < *> $784.61* 178589 07/21/97 $20.00 APPLIANCE RECYCLING CENT Recycle appliance 11400 GENERAL MAINT GENERAL SUPPLI < *> $20.00* 178590 07/21/97 $16.51 AQUA ENGINEERING Pipe 26396 SNOW & ICE REM GENERAL SUPPLI 7164 < *> $16.51* 178591 07/21/97 $14.98 Arch Paging Pager 6888282 GENERAL MAINT GENERAL SUPPLI 07/21/97 $45.17 Arch Paging Pager 071097 PARK MAINTENAN TELEPHONE < *> $60.15* 178592 07/21/97 $5,767.00 ARNT CONSTRUCTION CO INC Equipment rental 7282 PKBOND CIP CIP 6989 < *> $5,767.00* 178593 07/21/97 $2,493.74 ARTHUR DICKEY ARCHITECTS PROFESSIONAL SERVICES 070197 ART CENTER ADM PROF SERVICES < *> $2,493.74* 178594 07/21/97 $444.42 ASHWORTH INC COST OF GOODS - PRO S 253208 PRO SHOP COST OF.GDS -PR 1172 07/21/97 $431.59 ASHWORTH INC COST OF GOODS - PRO S 254300 PRO SHOP COST OF GDS -PR 1172 07/21/97 $157.84 ASHWORTH INC COST OF GOODS - PRO S 260360 PRO SHOP COST OF GDS -PR 1172 j < *> $1,033.85* 178595 07/21/97 $11.59 ASTLEFORD EQUIPMENT COMP Pipe T55884 EQUIPMENT OPER REPAIR PARTS 7016 07/21/97 $17.22 ASTLEFORD EQUIPMENT COMP Gauge T55983 EQUIPMENT OPER REPAIR PARTS .6877 07/21/97 $23.17 ASTLEFORDS EQUIPMENT COMP Pipe T56003 EQUIPMENT OPER REPAIR PARTS 7016 < *> $51.98* 178596 07/21/97 $41.81 AT & T WIRELESS SERVICES TELEPHONE 0619 GOLF ADMINISTR TELEPHONE < *> $41.81* 178597 07/21/97 .$28.31 AT &T TELEPHONE 062497 CENT SVC GENER TELEPHONE < *> $28.31* 178598, 07/21/97 $60.00 Atkins, Jill Refund swimming 070897 GENERAL FD PRO REGISTRATION F < *> $60.00* 178599 07/21/97 $100.00 Audubon International PROFESSIONAL SERVICES 060597 GOLF ADMINISTR PROF SERVICES < *> $100.00* 178600 07/21/97 $9.77 AUTO MACHINE AND SUPPLY GENERAL SUPPLIES. 063097 FIRE DEPT. GEN GENERAL SUPPLI 07/21/97 $933.47 AUTO MACHINE AND SUPPLY REPAIR PARTS 063097 EQUIPMENT OPER REPAIR PARTS 07/21/97 $147.03 AUTO MACHINE AND-SUPPLY REPAIR PARTS 063097/G MAINT OF COURS REPAIR PARTS < *> $1,090.27* COUNCI IECK REGISTER WED, JUL 16, 1997, 8:40 PM i Page CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -----------------------------------------------------------------------------------------------------------=----------------------- 178601 07/21/97 - $131.95 AUTOMOTIVE•WHOLESALE INC Credit 99999.. EQUIPMENT OPER REPAIR PARTS 4998 07/21/97 $828.06 AUTOMOTIVE WHOLESALE INC Parts 9739 EQUIPMENT OPER- REPAIR PARTS 7375 < *> $696.11* 178602 07/21/97 $149.31 AXT, LYLE MILEAGE OR ALLOWANCE 070197 GUN RANGE ADMI MILEAGE -c *:o $149.31* 178603 07/21/97 $7,742.84 B & F DISTRIBUTING INC GASOLINE 172122 EQUIPMENT OPER GASOLINE < *> $7,742.84* 178604 07/21/97 $295.43 BACHMANS Plants 103253 STREET REVOLVI GENERAL SUPPLI 5747 07/21/97 $175.59 BACHMANS Plants 10612300 STREET REVOLVI GENERAL SUPPLI 6523 07/21/97 $151.76 - BACHMANS PLANTINGS & TREES 10724700 TREES & MAINTE PLANT & TREES 6742 07/21/97 $181.80 BACHMANS PLANTINGS & TREES 1031792 TREES & MAINTE PLANT & TREES 6768 07/21/97 $288.76 BACHMANS. PLANTINGS & TREES 1045553 PK BOND CIP PLANT.& TREES 6893 07/21/97 $35.30 BACHMANS PLANTINGS & TREES 1033315 TREES & MAINTE PLANT & TREES 6926 07/21/97 $291.08 BACHMANS TREES, FLOWERS, SHRUB 108698 ED BUILDING & TREES FLWR SHR 6997 07/21/97 $2.52 BACHMANS REPAIR PARTS 108830 GENERAL TURF C.REPAIR PARTS 07/21/97 $43.46 BACHMANS GENERAL SUPPLIES 1814681 GOLF ADMINISTR GENERAL SUPPLI 7318 07/21/97 $34.22 BACHMANS TREES, FLOWERS, SHRUB G1101260 ED BUILDING & TREES FLWR SHR c *> $1,499..92* 178605 07/21/97. _$77.79 BAILEY AUTOMATED SYSTEMS REPAIR PARTS 10146 TANKS TOWERS & REPAIR PARTS 6752 < *> $77.79* I 178606 07/21/97 $156.40 BARBARA BUIE /PETTY CASH GENERAL SUPPLIES 063097. ED BUILDING '& GENERAL SUPPLI 07/21/97 $13.40 BARBARA BUIE /PETTY CASH OFFICE SUPPLIES 063097. ED ADMINISTRAT OFFICE SUPPLIE 07/21/97 $22.72 BARBARA BUIE /PETTY CASH GENERAL SUPPLIES 063097. ED ADMINISTRAT GENERAL SUPPLI < *> $192.52 *. 178607 07/21/97 $675.00 Barr Soda Blasting Inc Soda blast 1071 ED BUILDING & GENERAL SUPPLI 6486 < *> $675.00* 178608 07/21/97 $121.39 BATTERIES PLUS Batteries D62409 CITY HALL GENE GENERAL SUPPLI < *> $121.39* 178609 07/21/97 - $50.47 Battery Wholesale Inc REPAIR PARTS 053197 EQUIPMENT OPER REPAIR PARTS 07/21/97 $11.45 Battery Wholesale Inc REPAIR PARTS 053197, EQUIPMENT OPER REPAIR PARTS 07/21/97 $298.58 Battery Wholesale Inc Batteries 17974 EQUIPMENT OPER REPAIR PARTS 6626 07/21/97 $202.45 Battery Wholesale Inc batteries 18501 EQUIPMENT OPER REPAIR PARTS 7056 07/21/97 $61.35 Battery Wholesale Inc Battery 18603 EQUIPMENT OPER REPAIR PARTS 7217 07/21/97 $56.83 Battery Wholesale Inc Batteries 18617 GOLF CARS REPAIR PARTS 7277 < *> $580.19* 178610 07/21/97 $208.50 BEACH'S SPORTS & AWARDS Hole in one award 060597 GOLF ADMINISTR GENERAL SUPPLI < *> $208.50* 178611 07/21/97 $307.09 BEARCOM radio repairs 846375 FIRE DEPT. GEN CONTR REPAIRS < *> $307.09* 178612 07/21/97 $93.00 BELLBOY CORPORATION COST OF GOODS SOLD BE 12152300 50TH ST SELLIN CSTtOF GDS BEE 07/21/97 $18.75 BELLBOY CORPORATION COST OF GOODS SOLD MI 25776601 50TH ST SELLIN CSTIOF GDS MIX 07/21/97 -$4.58 BELLBOY CORPORATION GENERAL SUPPLIES 25852300 50TH ST SELLIN GENERAL SUPPLI 07/21/97 $146.40 BELLBOY CORPORATION COST OF GOODS SOLD MI 25852300 50TH ST SELLIN CST,OF GDS MIX 07/21/97 $209.10 BELLBOY CORPORATION COST OF GOODS SOLD MI 25852900 VERNON SELLING CSTIOF GDS MIX i 1 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 4 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -------------------------------------------------------------------------------------------'----------------------------------------- < *> $471.83* 178613 07/21/97 $149.00 BENN, BRADLEY PRINTING 071497 ART CENTER ADM PRINTING < *> $149.00* 178614 07/21/97 $284.08 Benson, Earl C Sousa band supplies 051097 ED ADMINISTRAT.PROF SERVICES 07/21/97 $186.10 Benson, Earl C Sousa band.supplies 060397 ED ADMINISTRAT PROF SERVICES < *> $470.18* 178615 07/21/97 $5.00 Benson, Neil, Refund tennis 070197 GENERAL FD PRO REGISTRATION F < *> $5.00* 178616 07/21/97 $50.00 Berg, Sharon Room deposit refund 070897 GOLF PROG RENTAL OF PROP < *> $50.00* 178617 07/21/97 $88.60 BERGFORD TRUCKING Liquor delivery 063097/5 50TH ST SELLIN CST OF GD LIQU 07/21/97 $201.00 BERGFORD TRUCKING Liquor delivery 063097/V VERNON SELLING CST OF GD LIQU 07/21/97 $172.50 BERGFORD TRUCKING Liquor delivery 063097/Y YORK SELLING CST OF GD LIQU < *> $462.10* 178618 07/21/97 $116.00 BERGLUND, STANLEY Repair locks 139 CLUB HOUSE SVC CONTR EQUI 6686 < *> $116.00* 178620 07/21/97 $55.29 BERTELSON BROS. INC. Tray 4620620 PW BUILDING REPAIR PARTS 07/21/97 $61.30 BERTELSON BROS. INC. Calculator 4623070 PW BUILDING GENERAL SUPPLI 6753 07/21/97 $35.78 BERTELSON BROS. INC. Calculator 4629980 PW BUILDING GENERAL SUPPLI 6772 i 07/21/97 $11.63 BERTELSON BROS. INC. Pens 4672190 PW BUILDING GENERAL SUPPLI 7167 07/21/97 $34.46 BERTELSON BROS. INC. GENERAL SUPPLIES 4672280 PW BUILDING GENERAL SUPPLI 7187 07/21/91 $82.25 BERTELSON BROS. INC. Binders 4675650 FIRE DEPT. GEN.GENERAL SUPPLI 6596 07/21/97 $21.14 BERTELSON BROS. INC. Paper 4675930 PW BUILDING GENERAL SUPPLI 7198 07/21/97 $59.81 BERTELSON BROS. INC. OFFICE SUPPLIES 4683410 ARENA ADMINIST OFFICE SUPPLIE 7401 07/21/97 $170.47 BERTELSON BROS. INC. GENERAL SUPPLIES 4689910 CENT SVC GENER GENERAL SUPPLI 7633 07/21/97 $27.16 BERTELSON BROS. 'INC. OFFICE SUPPLIES 4689920 POLICE DEPT. G OFFICE SUPPLIE 07/21/97 $25.54 BERTELSON BROS. INC. GENERAL SUPPLIES. 4690420 CENT SVC GENER GENERAL SUPPLI 7633 07/21/97 $4.58 BERTELSON BROS. INC. GENERAL SUPPLIES 4689911 CENT SVC GENER GENERAL SUPPLI 07/21/97 $2.00 BERTELSON BROS. INC. OFFICE SUPPLIES 4702700 POLICE DEPT. G OFFICE SUPPLIE 7628 07/21/97 $129.06 BERTELSON BROS.. INC. GENERAL SUPPLIES 4703090 CENT SVC GENER GENERAL SUPPLI 7698 - 07/21/97 $54.75 BERTELSON BROS. INC. OFFICE SUPPLIES 4703140 POLICE DEPT. G OFFICE SUPPLIE 7628 < *> $775:22* 178621 07/21/97 $63.89 BEST BUY COMPANY INC. Answering machine 28101229 ED ADMINISTRAT GENERAL SUPPLI 7308 < *> $63.89* 178622 07/21/97 $85.71 BEST LOCKING SYSTEMS OF Cores 50153 CITY HALL GENE GENERAL SUPPLI 7062 07/21/97 $201.56 BEST LOCKING SYSTEMS OF .Repair 050973 NORMANDALE GC RUBBISH REMOVA 7525 < *> $287.27* 178623 07/21/97 $6,793.53 BFI OF MN INC Refuse 06307.9 50TH STREET RU PROF SERVICES < *> $6,793.53* 178624 07/21/97 $42,082.89 BFI RECYCLING SYS Recycling 070197 RECYCLING. Recycling Char < *> $42,082.89* 178625 07/21/97 $73.25 BIFFS INC Porta potty 45048 NORMANDALE GC SVC CONTR EQUI 7518 07/21/97 $85.26 BIFFS INC Porta potty 45233 MAINT OF COURS SVC CONTR EQUI 7517 COUNC' `ECK REGISTER WED, JUL 16, 1997, 8:40 PM 07/21/97 < *> 24898501 i page' CHECK i.. DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------------------------------------------------------------- 178625 07/21/97 $625.27 BIFFS INC PROFESSIONAL SERVICES MULTIPLE BUILDING MAINT PROF SERVICES 072197 < *> COST OF CD SOL $783.78* 072197 GOLF ADMINISTR GENERAL SUPPLI PRINTING 48925 GOLF'ADMINISTR 178626 07/21/97 $245.39 BITUMINOUS ROADWAYS BLACKTOP 73825 GENERAL MAINT BLACKTOP 07/21/97 $3,767.92 BITUMINOUS ROADWAYS BLACKTOP 73825 STREET RENOVAT BLACKTOP 07/21/97 $52.91 BITUMINOUS ROADWAYS BLACKTOP 73912 DISTRIBUTION BLACKTOP 07/21/97 $924.19 BITUMINOUS ROADWAYS BLACKTOP 73912 STREET RENOVAT BLACKTOP 07/21/97 $164.10 BITUMINOUS ROADWAYS BLACKTOP 73912 GENERAL MAINT BLACKTOP 07/21/97 $368.82 BITUMINOUS ROADWAYS BLACKTOP 73912 PKBOND CIP BLACKTOP 07/21/97 $69.01 BITUMINOUS ROADWAYS BLACKTOP 73940 GENERAL MAINT BLACKTOP 07/21/97 $982.95 BITUMINOUS ROADWAYS BLACKTOP 73940 STREET RENOVAT BLACKTOP 07/21/97 $3,676.64 BITUMINOUS ROADWAYS BLACKTOP 73940 PKBOND CIP BLACKTOP < *> $10,251.93* 178627 07/21/97 $126.00 BLACK, STEVE Softball umpires 071497 EDINA ATHLETIC PROF SERVICES < *> $126.00* 178628 07/21/97 $100.00 BLOOD, DAVID Police services JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178629 07/21/97 $939.82 BLOOMINGTON GARDEN CTR & COURSE BEAUTIFICATION 1882 MAINT OF COURS COURSE BEAUTIF 6115 07/21/97 $948.18 BLOOMINGTON GARDEN CTR & COURSE BEAUTIFICATION 1885 MAINT OF COURS COURSE BEAUTIF 6118 07/21/97 $286.66 BLOOMINGTON GARDEN CTR & COURSE BEAUTIFICATION 1886 MAINT OF COURS COURSE BEAUTIF 7274 < *> $2,174.66* 178630 07/21/97 $43.79 BONGAARTS, VINCENT MILEAGE OR ALLOWANCE 070997 ADMINISTRATION MILEAGE 07/21/97 $43.78 BONGAARTS, VINCENT MILEAGE OR ALLOWANCE 070997 GENERAL MAINT MILEAGE 07/21/97 $43.78 BONGAARTS, VINCENT MILEAGE OR ALLOWANCE 070997 POLICE DEPT. G MILEAGE < *> $131.35* 178631 07/21/97 $198.00 Boyd, Kent Softball umpires 071497 EDINA ATHLETIC CONTR SERVICES < *> $198.00* 178632 07/21/97 $167.62 BOYER TRUCKS .Muffler asey 612192 EQUIPMENT OPER REPAIR PARTS 7150 07/21/97 $165.80 BOYER TRUCKS Seat 612214 EQUIPMENT OPER REPAIR PARTS 7150 07/21/97 $181.32 BOYER TRUCKS Mat assy 612390X1 EQUIPMENT OPER REPAIR PARTS 7152 < *> $514.74* I 178633 07/21/97 EQUIPMENT OPER 07/21/97 < *> 24898501 178634 07/21/97 c *> 070897. 178635 07/21/97 DUES & SUBSCRIPTIONS 07/21/97 GOLF ADMINISTR 07/21/97 OFFICE SUPPLIES 07/21/97 GOLF ADMINISTR 07/21/97 POSTAGE 072197 178636 07/21/97 COST OF GOODS SOLD 072197 $20.46 BRAAS COMPANY .$159.75 BRAAS COMPANY $180.21* $824.76 BRAEMAR.GOLF COURSE $824.76* $18.40 BRAEMAR GOLF COURSE $55.68 BRAEMAR GOLF COURSE $72.02 BRAEMAR GOLF COURSE $77.57 BRAEMAR GOLF COURSE $88.17 BRAEMAR GOLF COURSE $311.84* $275.26 BRAEMAR PRINTING $275.26* Coil 24898500 EQUIPMENT OPER REPAIR PARTS 6863 Skinner 24898501 EQUIPMENT OPER REPAIR PARTS 6863 GENERAL SUPPLIES 070897. CITY COUNCIL GENERAL SUPPLI DUES & SUBSCRIPTIONS 072197 GOLF ADMINISTR DUES & SUBSCRI OFFICE SUPPLIES 072197 GOLF ADMINISTR OFFICE SUPPLIE POSTAGE 072197 GOLF ADMINISTR POSTAGE COST OF GOODS SOLD 072197 GRILL COST OF CD SOL GENERAL SUPPLIES 072197 GOLF ADMINISTR GENERAL SUPPLI PRINTING 48925 GOLF'ADMINISTR PRINTING COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 6 CHECK NO - DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------- 178637 07/21/97 $144.00 BRAKKE, KEITH Softball repairs 071497 ----------------------- EDINA ATHLETIC CONTR SERVICES - - - - -- < *> $144.00* 178638 07/21/97 $1,183.00 BRAUN INTERTEC Soils testing 091428 TRAINING FACIL CIP 07/21/97 $1,739.00 BRAUN INTERTEC Prof eng sere 091764 ENGINEERING GE PROF SERVICES 07/21/97 $271.25 BRAUN INTERTEC _ Material testing 091770 PKBOND CIP PROF SERVICES _ < *> $3,193.25* 178639 07/21/97 $9,901.50 BRC - ASSIST CENTER Maint agreement 557575 ELECTION PROF SERVICES < *> $9,901.50* 178640 07/21/97 $966.00 BRIN NORTHWESTERN GLASS GENERAL SUPPLIES 070797 SOUTH HENNEPIN GENERAL SUPPLI < *> $966.00* 178641 07/21/97 $448.75 Brindle, Mary Reimbursement 070297 ED ADMINISTRAT PROF SERVICES < *> $448.75* 178642 07/21/97 - $38.26 BRISSMAN- KENNEDY INC Urinal screens CM458704 CITY HALL GENE CLEANING SUPPL 07/21/97 $467.48 BRISSMAN - KENNEDY INC. CLEANING SUPPLIES 471628 CITY HALL GENE CLEANING SUPPL 7307 < *> $429.22* 178643 07/21/97 $250.20 BROWN'S ICE CREAM CO Ice cream 468874 POOL CONCESSIO COST OF GD SOL 07/21/97 $192.30 BROWN'S ICE CREAM CO ice cream 469381 POOL CONCESSIO COST OF GD SOL < *> $442.50* 178644 07/21/97 $176.66 BUIE, BARBARA MILEAGE OR ALLOWANCE 071497 ED ADMINISTRAT MILEAGE < *> $176.66* 178645 07/21/97 $100.00 BUTLER, GEORGE Police service JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178646 07/21/97 $1,059.00 C.H. BROWN CO Mant fee 071097 GENERAL FD PRO DUE FROM HRA < *> $1,059.00* 178647 07/21/97 $439.14 C.S. MCCROSSAN CONSTRUCT 41B wear 3920 DISTRIBUTION BLACKTOP 07/21/97 $1,596.96 C.S. MCCROSSAN CONSTRUCT 41A wear 3940 STREET RENOVAT BLACKTOP < *> $2,036.10* 178648 07/21/97 $25,602.19 C.S. McCrossan Construct CONSTR. IN PROGRESS 97 -2 #2 CENT LK GRADIN CIP < *> $25,602.19* 178649 07/21/97 $158.00 CADY COMMUNICATIONS Credit card line inst 223724 PRO SHOP GENERAL SUPPLI 7447 07/21/97 $185.05 CADY COMMUNICATIONS Phone repair 224288 GOLF ADMINISTR SVC CONTR EQUI 7670 < *> $343.05* 178650 07/21/97 $131.99 Cahalan, Teresa MILEAGE OR ALLOWANCE 071497. PLAYGROUND & T MILEAGE < *> $131.99* 178651 07/21/97 $171.43 CALLAHAN, FRAN MILEAGE OR ALLOWANCE JUNE 199 PUBLIC HEALTH MILEAGE < *> $171.43* 178652 07/21/97 $514.82 CALLAWAY GOLF COST OF GOODS - PRO S 22693 PRO SHOP COST OF GDS -PR 3936 < *> $514.82* 178654 07/21/97 $8.09 Camas Mix 261425 GENERAL MAINT GENERAL SUPPLI 6509 COUNC: 1ECK REGISTER WED, JUL 16, 1997, 8:40 PM page CHECK NO DATE -----------------------------------------------------------------------------------------------------------'------------------------ CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM 178654 07/21/97 $332.48 Camas Concrete curbing 11183 STREET RENOVAT CONCRETE 07/21/97 $301.39 Camas Curbing 11184 PK BOND CIP CONCRETE 07/21/97 $403.96 Camas Concrete curbing 11185 STREET RENOVAT CONCRETE 5582 07/21/97 $627.81 Camas GENERAL SUPPLIES 1508694 MOND CIP GENERAL SUPPLI 07/21/97 $876.72 Camas GENERAL SUPPLIES 1508694 MOND CIP GENERAL SUPPLI 07/21/97 $161.59 Camas Class 5 1508695 MOND CIP SAND,GRVL & RO 5440 07/21/97 $316.94 Camas Concrete curbing 11573 STREET RENOVAT CONCRETE 07/21/97 $932.21 Camas Concrete curbing 12257 PK BOND CIP CONCRETE 5582 07/21/97 $932.25 Camas GENERAL SUPPLIES 1509457 PKBOND CIP GENERAL SUPPLI 07/21/97 $470.60 Camas GENERAL SUPPLIES 1509457_ PKBOND CIP GENERAL SUPPLI 07/21/97 $683.62'- Camas Hand curb 12837 PK BOND CIP CONCRETE 5582 07/21/97 $316.94 Camas Hand curb 1014239 STREET RENOVAT CONCRETE 5582 07/21/97. $316.94 Camas Hand curb 1014240 STREET RENOVAT CONCRETE 07/21/97 $316.94 Camas Hand curb 1014676 STREET RENOVAT CONCRETE 07/21/97 $342.69 Camas Hand curb 1014940 STREET RENOVAT CONCRETE 07/21/97 $316.94 Camas Hand curb 1014941 GENERAL STORM FILL MATERIALS 5582 07/21/97 $143.44 Camas Concrete for garden 163138 PKBOND CIP SAND,GRVL & RO 5582 < *> $7,801.55* 178655 07/21/97 $50.00 CANTON, JANET MILEAGE OR ALLOWANCE 072197 FINANCE MILEAGE <*> $50.00* 178656 07/21/97 $400.00 Carifest Sponsorship 070897 GOLF DOME i ADVERT OTHER < *> $400.00* i 178657 07/21/97 $56.45 CASH REGISTER SERVICE & Cash register tape 6726 POOL OPERATION GENERAL SUPPLI < *> $56.45* 178658 07/21/97 $95.92 Cassidy Industrial Sales Federation kiln 37177028 ART CNTR PROG CIP 7105 < *> $95.92* 178659 07/21/97 $903.87 CATCO Hid hose balance due 340290. EQUIPMENT OPER ACCESSORIES 07/21/97 07/21/97 $148.32 $34.17 CATCO CATCO T rod Fittings 342092 342460 EQUIPMENT OPER REPAIR PARTS 6867 07/21/97 - $43.67 CATCO Credit 342584 EQUIPMENT OPER EQUIPMENT OPER.GENERAL REPAIR PARTS SUPPLI 6873 07/21/97 07/21/97 $181.58 $92.31 CATCO CATCO Mud flaps 342598 EQUIPMENT OPER REPAIR PARTS 6876 07/21/97 $138.38 CATCO Fittings Tool 342822 EQUIPMENT OPER REPAIR PARTS 7064 < *> $1,454.96* 343036 EQUIPMENT OPER REPAIR PARTS 7051 178660 07/21/97 $18.11 CD PRODUCTS INC Adopt-a park sign 24651 PATHS & HARD S PROF SERVICES 7034 < *> $18.11* 178661 07/21/97 $140.00 CERES ENVIRONMENTAL SERV Tree waste die 019487 TREES & MAINTE RUBBISH REMOVA 07/21/97 $245.00 CERES ENVIRONMENTAL SERV Tree waste disp 019525 TREES & MAINTE RUBBISH REMOVA < *> $385.00* 178662 07/21/97 $327.60 Chapin Construction Bull Ads for bids CB814 I ADMINISTRATION ADVERTISING LE 07/21/97 $282.80 Chapin Construction Bull Ad for bid CB1481 ADMINISTRATION ADVERTISING LE < *> $610.40* 178663 07/21/97 $899.36 CHEM CONCEPTS Repair parts 6110 I CLUB HOUSE REPAIR PARTS 7088 07/21/97 $726.51 CHEM CONCEPTS Bulbs 7090 ED BUILDING & GENERAL SUPPLI 7682 < *> $1,625.87* COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 8 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT 'PO NUM ---------------------------7-------------------------------------------------------------------------------------------------------- 178664 07/21/97 $319.69 CHEMSEARCH CLEANING SUPPLIES B0138982 FIRE DEPT. GEN CLEANING SUPPL 6599 < *> $319.69* 178665 07/21/97 $835.57 CIT GROUP /COMMERCIAL SER COST OF GOODS - PRO S 72018 PRO SHOP COST OF GDS -PR 1153 < *> $835.57* 178666 07/21/97 $768.00 CITY OF BLOOMINGTON Shape program 062597 CENT SVC GENER ADVERT PERSONL < *> $768.00* 178667 07/21/97 $926.90 CITY OF EDINA SEWER &.WATER 072197 ED BUILDING & SEWER .& WATER < *> $926.90* 178668 07/21/97 $25.56 City Wide Window Service Window cleaning 100881 YORK OCCUPANCY CONTR REPAIRS 07/21/97 $15.71 City Wide Window Service Window cleaning 100882 VERNON OCCUPAN CONTR REPAIRS 07/21/97 $15.71 City Wide Window Service Window cleaning 100883 50TH ST OCCUPA CONTR REPAIRS. < *> $56.98* 178669 07/21/97 $332.00 CLAREYS SAFETY EQUIP Fire-'.hose 28933 FIRE DEPT. GEN EQUIP REPLACEM 7329 < *> $332.00* 178670 07/21/97 $136.15 Clark Foodservice Inc COST OF GOODS SOLD V238569 POOL CONCESSIO COST OF GD SOL 07/21/97 - $53.00 C1ark.Foodeervice Inc COST OF GOODS SOLD CV238569 POOL CONCESSIO COST OF GD SOL 07/21/97 $161.12 Clark Foodservice Inc COST OF GOODS SOLD V238868 POOL CONCESSIO COST OF GD SOL 07/21/97 .. $161.00 Clark Foodservice Inc COST OF GOODS SOLD V239115 POOL CONCESSIO COST OF GD SOL < *> $405.27* 178671 07/21/97 $7.03 COMPUSA INC Computer cable 40103169 ENGINEERING GE GENERAL SUPPLI 6968 07/21/97 $49.69 COMPUSA INC Computer disk 40103256 ENGINEERING GE GENERAL SUPPLI 7321 < *> $56.72* 178673 07/21/97 $56.44 COMPUTER CITY ACCOUNT RE Misc items 060036 CENT SVC GENER GENERAL SUPPLI 07/21/97 $20.22 COMPUTER CITY ACCOUNT RE Misc software 065888 CENT SVC GENER GENERAL SUPPLI "6545 07/21/97 $60.71 COMPUTER CITY ACCOUNT RE Win95 proj 065888 LIQUOR YORK GE GENERAL SUPPLI 6545 07/21/97 $60.72 COMPUTER CITY ACCOUNT RE Win95 proj 065888 VERNON LIQUOR GENERAL SUPPLI 6545 07/21/97 $79.53 COMPUTER.CITY ACCOUNT RE Win 95 misc 065888 ARENA ADMINIST OFFICE SUPPLIE 6545 07/21/97 $377.75 COMPUTER CITY ACCOUNT RE Misc Win95 proj 065888 ART CENTER ADM GENERAL SUPPLI 6545 07/21/97 $60.71 COMPUTER CITY ACCOUNT RE Win95 proj 065888 LIQUOR 50TH ST GENERAL SUPPLI 6545 07/21/97 $188.49 COMPUTER CITY ACCOUNT RE Tapes for Liquor stor 067252 LIQUOR 50TH ST GENERAL SUPPLI 6545 07/21/97 $188.49 COMPUTER CITY ACCOUNT RE Tapes for Liquor stor 067252 LIQUOR YORK GE GENERAL SUPPLI 6545 07/21/97 $144.48 COMPUTER CITY ACCOUNT RE Pro shop tapes 067252 GOLF PROG MACH. & EQUIP 6545 07/21/97 - $62.37 COMPUTER CITY ACCOUNT RE Credit 072113 VERNON LIQUOR GENERAL SUPPLI 07/21/97 - $62.37 COMPUTER CITY ACCOUNT RE Credit 072113 LIQUOR YORK GE GENERAL SUPPLI 07/21/97 - $62.37 COMPUTER CITY ACCOUNT RE Credit 072113 LIQUOR 50TH ST GENERAL.SUPPLI 07/21/97 $206.55 COMPUTER CITY ACCOUNT RE Misc item /PC coord 072127 CENT SVC GENER GENERAL SUPPLI 6969 07/21/97 $43.04 COMPUTER CITY ACCOUNT RE Diskettes 072127 CENT SVC GENER GENERAL SUPPLI 6969 07/21/97 $131.74 COMPUTER CITY ACCOUNT RE Scanning software /AC 076774 ART CENTER ADM GENERAL SUPPLI 7103 < *> $1,431.76* 178674 07/21/97 $194.81 CONNEY SAFETY PRODUCTS Misc supplies 349049 PUMP & LIFT ST SAFETY EQUIPME 6740 07/21/97 $439.84 CONNEY SAFETY PRODUCTS Misc supplies 359090 PUMP & LIFT ST SAFETY EQUIPME 7028 07/21/97 $175.88 CONNEY SAFETY PRODUCTS Cooler /gloves 368046 GENERAL MAINT GENERAL SUPPLI 7221 < *> $810.53* 178675 07/21/97 $60.65 CONTACT MOBILE COMM Cellular phone repair 42336 PARK ADMIN. TELEPHONE 159 < *> $60.65* COUNCI IECK REGISTER WED, JUL 16, 1997, 8:40 PM page CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------------------------------------------------------------- 178676 07/21/97 $27.26 COPY EQUIPMENT INC. Blueline paper 0060211 ENGINEERING GE BLUE PRINTING 7418 < *> $27.26* 178677 07/21/97 $27.95 CRABB, CATY Replacement check 071197 ART CNTR PROG SALES OTHER < *> $27.95* 178678 07/21/97 $47.50 Cragg, Kristen Season ticket refund 070197 SWIM FROG SEASON TICKETS < *> $47.50* 178679 07/21/97 $1,386.67 CRIMMINS MD, TIMOTHY J Medical services JULY 199 FIRE DEPT. GEN PROF SERVICES < *> $1,386.67* 178680 07/21/97 $26.00 CRONSTROMS HEATING & AIR Overpayment permit 97001638 GENERAL FD PRO MECHAN PERMITS < *> $26.00* 178681 07/21/97 $231.85 CROSSTOWN CAMERA CLUB Art work sold 071497 ART CNTR PROG SALES OTHER < *> $231.85* 178682 07/21/97 $300.00 CULLIGAN BOTTLED WATER Equipment install 062397 GENERAL(BILLIN GENERAL SUPPLI < *> $300.00* 178683 07/21/97 $79.99 CUSHMAN MOTOR CO. Brake lining 089506 ED BUILDING & REPAIR PARTS 7322 07/21/97 $35.34 CUSHMAN MOTOR CO. REPAIR PARTS 089614 NORMAN. MAINT. REPAIR PARTS 7278 < *> $115.33* 178684 07/21/97 $1,360.00 CUSTOMIZED TRAINING Def driving course 004076 FIRE DEPT. GEN CONF & SCHOOLS 2333 < *> $1,360.00* 178685 07/21/97 $1,020.75 Dahlheimer Distributing COST OF GOODS SOLD BE 88407 VERNON SELLING CST OF GDS BEE i < *' $1,020.75* 178686 07/21/97 $19.03 DANKO EMERGENCY EQUIPMEN Fill adapter 226483 FIRE DEPT. GEN GENERAL SUPPLI 7333 07/21/97 $580.43 DANKO EMERGENCY EQUIPMEN Air bag 226439 FIRE DEPT. GEN EQUIP REPLACEM 6591 07/21/97 $11.00 DANKO EMERGENCY EQUIPMEN Hose repair 226450 FIRE DEPT. GEN CONTR REPAIRS 6591 < *> $610.46* 178687 07/21/97 $201.60 DAVANNIS Pizza 67950 POOL CONCESSIO COST OF GD SOL 07/21/97 $39.60 DAVANNIS Pizza 67954 POOL CONCESSIO COST OF GD SOL < *> $241.20* 178688 07/21/97 - $10.00 DAY DISTRIBUTING COST OF GOODS SOLD MI 11155. 50TH ST SELLIN CST OF GDS MIX 07/21/97 $588.00 DAY DISTRIBUTING COST OF GOODS SOLD BE 11695 VERNON SELLING CST OF GDS BEE 07/21/97 $115.60 DAY DISTRIBUTING COST OF GOODS SOLD BE 11703 50TH ST SELLIN.CST OF GDS BEE 07/21/97 -$6.00 DAY DISTRIBUTING COST OF GOODS SOLD MI 11704 50TH ST SELLIN CST OF GDS MIX 07/21/97 $1,207.78• DAY DISTRIBUTING COST OF GOODS SOLD BE 11704 50TH ST SELLIN CST OF GDS BEE 07/21/97 $4,229.75 DAY DISTRIBUTING COST OF GOODS SOLD BE 11825 YORK SELLING CST OF GDS BEE 07/21/97 $893.90 DAY DISTRIBUTING COST OF GOODS SOLD BE 11826 VERNON SELLING CST OF GDS BEE 07/21/97 $1,472.90 DAY DISTRIBUTING COST OF GOODS SOLD BE 12149 50TH ST SELLIN CST OF GDS BEE 07/21/97 $1,922.90 DAY DISTRIBUTING COST OF GOODS SOLD BE 12182 YORK SELLING CST OF GDS BEE 07/21/97 $76.60 DAY DISTRIBUTING COST OF GOODS SOLD MI 12183 YORK SELLING CST OF GDS MIX 07/21/97 $1,599.90 DAY DISTRIBUTING COST OF GOODS SOLD BE 12184 VERNON SELLING CST OF GDS BEE < *> $12,091.33* 178689 07/21/97 $96.33 DELEGARD TOOL CO. TOOLS 34106 LIFT STATION M TOOLS 6190 07/21/97 $88.29 DELEGARD TOOL CO. TOOLS 34510 EQUIPMENT OPER TOOLS 6201 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM COST OF GOODS SOLD 063097 GRILL COST OF GD SOL page 10 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178689 07/21/97 $8.81 DELEGARD TOOL CO. Wrench 45214 EQUIPMENT OPER TOOLS 6883 07/21/97 $20.66 DELEGARD TOOL CO. Locknut wrench 501840 EQUIPMENT OPER TOOLS 6571 07/21/97 $79.12 DELEGARD TOOL CO. Die grinder 51211 EQUIPMENT OPER TOOLS 6573 < *> $293.21* TEXTRON REPAIR PARTS 0412296 GOLF CARS REPAIR PARTS, 6815 178690 07/21/97 178691 07/21/97 07/21/97 178692 07/21/97 c *> 178693 07/21/97 07/21/97 07/21/97 178695 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 178696 07/21/97 07/21/97 178697 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 07/21/97 $1,316.90 $1,316.90* $239.57 $309.44 $549.01* $285.45 $285.45* $159.31 $592.76 $115.38 $867.45* - $19.27 $108.50 $1,009.83 $22.35 $213.00 $232.50 $833.51 $259.90 $745.41 - $138.92 $299.90 $106.50 $34.58 $99.10 $541.47 $644.92 $4,993.28* $223.52 $52.19 $275.71* $153.10 $138.00 $4,465.05 $78.10 $1,357.20 $4,862.45 $1,874.50 $43.00 $7,314.65 $3,306.00 $23,592.05* DENNYS Sth AV BAKERY COST OF GOODS SOLD 063097 GRILL COST OF GD SOL 3951 DON BETZEN GOLF CO COST OF GOODS SOLD 6036 PRO SHOP COST OF GD SOL 5606 DON BETZEN GOLF CO COST OF GOODS - PRO S 6177 PRO SHOP COST OF GDS -PR 5606 DPD PRINTING 65736 GOLF ADMINISTR PRINTING 7521 E -Z -GO TEXTRON REPAIR PARTS 0407143 GOLF CARS REPAIR PARTS 7098 E -Z -GO TEXTRON REPAIR PARTS 0409990 GOLF CARS REPAIR PARTS, 7091 E -Z -GO TEXTRON REPAIR PARTS 0412296 GOLF CARS REPAIR PARTS, 6815 EAGLE WINE EAGLE, WINE EAGLE WINE EAGLE WINE. EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EAGLE WINE EARL F. ANDERSON EARL F. ANDERSON EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE EAST SIDE BEVERAGE COST OF GOODS SOLD WI 66398 COST OF GOODS SOLD WI 79901 COST OF GOODS SOLD WI 79902 CO$T.OF GOODS SOLD MI 79903 COST OF GOODS SOLD WI 80649 COST OF GOODS SOLD WI 80650 COST OF GOODS SOLD WI 80651 COST OF GOODS SOLD WI 80655 COST OF GOODS SOLD WI 80656 COST OF GOODS SOLD LI 67037 COST OF GOODS SOLD WI 73038 COST OF GOODS SOLD WI 83037 COST OF GOODS,SOLD WI 83039 COST OF GOODS SOLD WI 83040 COST OF GOODS SOLD WI 83046 COST OF GOODS SOLD WI 83051 Paint 1911 Field marking 2172 COST OF GOODS SOLD BE 167660 Beer GC 063097 COST OF GOODS SOLD BE 170676 COST OF GOODS SOLD MI 170677 COST OF GOODS SOLD BE 170677 COST OF GOODS SOLD BE 170681 COST OF GOODS SOLD BE 172654 COST OF GOODS SOLD MI 172655 COST OF GOODS SOLD BE 172656 COST OF GOODS SOLD BE 172657 VERNON SELLING CST OF GD WINE YORK SELLING CST OF GD WINE YORK SELLING' CST OF GD WINE YORK SELLING CST OF.GDS MIX VERNON SELLING CST OF GD WINE VERNON SELLING CST OF GD WINE VERNON SELLING CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE YORK-SELLING CST OF GD LIQU 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE 50TH ST SELLIN CST OF GD WINE VERNON SELLING CST OF GD WINE YORK SELLING CST OF GD WINE PAVEMENT MARKI PAINT 7049 FIELD MAINTENA LINE MARK POWD 7260 50TH ST SELLIN CST OF GDS BEE NORMANDALE GC CST OF GDS BEE YORK SELLING CST OF GDS BEE SOTH ST SELLIN CST OF GDS MIX 50TH ST SELLIN CST OF GDS BEE VERNON SELLING CST OF GDS BEE. 50TH ST SELLIN CST OF GDS BEE YORK SELLING CST OF GDS MIX YORK SELLING CST OF GDS BEE VERNON SELLING CST OF GDS BEE 178698 07/21/97 $116.94 ECOLAB PEST ELIMINATION Pest control 4804924 ED BUILDING & SVC CONTR EQUI COUNCI ECK REGISTER WED, JUL 16, 1997, 8:40 PM 20642 WATER TREATMEN WATER TRTMT SU 5256 FEED page 13 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -------------------------------------------------------------------=---------------------------------------------------------------- 178698 07/21/97 $99.15 ECOLAB PEST ELIMINATION Pest elimination 4804932 ED BUILDING & SVC CONTR EQUI .-CONSTR. IN PROGRESS < *> PK BOND CIP $216.09* 178699 07/21/97 $681.60 Electrical Installation remove siren /set ligh 2298 CIVIL DEFENSE GENERAL SUPPLI 6187 < *> $681.60* 178700 07/21/97 $969.15 ESS BROTHERS & SONS INC. Manhole covers 8975 SEWER'TREATMEN I PIPE 7232 < *> $969.15* 178701 07/21/97 $305.37 Eull Concrete Products I Catch basins 5102 GENERAL STORM GENERAL SUPPLI 6760 < *> $305.37* 178702 07/21/97 $60.00 Falstad, Caroline Refund tennis 070997 GENERAL FD PRO RE I GISTRATION F < *> $60.00* 178703 07/21/97 $20.00 Fandrey, Kate Refund tennis 063097 GENERAL FD PRO REGISTRATION F < *> $20.00* 178704 07/21/97 $52.19 FARBER, DIANE Kiln parts 071497 ART CENTER BLD GEINERAL SUPPLI < *> $52.19* 178705 07/21/97 $16.56 FAST 1 HOUR PHOTO Film developing C38289 ED ADMINISTRAT GENERAL SUPPLI 7656 < *> $16.56* 178706 07/21/97 07/21/97 < *> 178707 07/21/97 07/21/97 c *> 178708 07/21/97 178709 07/21/97 178710 07/21/97 178711 07/21/97 07/21/97 07/21/97 178712 07/21/97 07/21/97 07/21/97 $2,326.28 $123.41 $2,449.69* $296.58 $700.00 $996.58* $12,525.10 $12,525.10* $41,800.26 $41,800.26* $125.01 $125.01* $971.42 $633.56 $656.90 $2,261.88* $71.36 $119.28 $111.00 $301.64* FEED RITE CONTROL Water chemicals 20642 WATER TREATMEN WATER TRTMT SU 5256 FEED RITE CONTROL CHEMICALS 22609 POOL OPERATION CHEMICALS FINE WINES OF EUROPE COST OF GOODS SOLD WI 97335 50TH ST SELLIN I CST OF GD WINE FINE WINES OF EUROPE COST OF GOODS SOLD WI 97336 YORK SELLING CST OF GD WINE I Finley Brothers Inc .-CONSTR. IN PROGRESS 96 -1PKFN PK BOND CIP CIP . Firstar Bank of Minnesot York fire station lea 070197 FLEXCO Drill bit sharpened 11494 FLEXIBLE PIPE TOOL COMPA Sewer rods FLEXIBLE PIPE TOOL COMPA Rod & guide hose FLEXIBLE.PIPE TOOL COMPA His.e guide FLOYD TOTAL SECURITY FLOYD TOTAL SECURITY FLOYD TOTAL SECURITY 178713 07/21/97 $38.15 FOOT -JOY 07/21/97 $1,314.78 FOOT -JOY 07/21/97 $52.05 FOOT-JOY- 07/21/97 $51.42 FOOT -JOY ALARM SERVICE ALARM SERVICE Security system 3973 3968 3983 431835 431834 431890 COST OF GOODS -- PRO S 5072249 COST OF GOODS - PRO S 5084581 COST OF GOODS - PRO S 5090170 COST OF GOODS - PRO S 5102096 FIRE DEBT SVC INTEREST BONDS I EQUIPMENT -OPER GENERAL SUPPLI 6901 SEWER CLEANING REPAIR -PARTS SEWER CLEANING REPAIR PARTS 7072 SEWER CLEANING REPAIR PARTS 7054 VERNON OCCUPAN ALARM SERVICE YORK OCCUPANCY ALARM SERVICE BUILDING MAINT PROF SERVICES PRO SHOP COST OF GDS -PR 1159 PRO SHOP COST OF GDS -PR 1159 PRO SHOP COST OF GDS -PR 1159 PRO SHOP COST OF GDS -PR 1159 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 12 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM -----------------------------------------------------------------------------------=------------------------------------------------ < *> $1,456.40* 178714 07/21/97 $15.55. FOWLER ELECTRIC REPAIR PARTS 50827001 MAINT OF COURS REPAIR PARTS 6979 , < *> $15.55* 178715 07/21/97 $315.24 FREEWAY RADIATOR SERVICE Recore radiator 20878 EQUIPMENT OPER REPAIR PARTS 7378 < *> $315.24* 178716 07/21/97 $107.48 G & K.DIRECT PURCHASE Laundry 28731 GENERAL MAINT LAUNDRY 07/21/97 $23.30 G & K DIRECT PURCHASE Shirts 31035 GENERAL MAINT GENERAL SUPPLI I 07/21/97 $74.10 G & K DIRECT PURCHASE LAUNDRY 031549 EQUIPMENT OPER LAUNDRY 07/21/97 $251.18 G & K DIRECT PURCHASE LAUNDRY 031549 GENERAL MAINT LAUNDRY 07/21/97 $138.71 G &.K DIRECT PURCHASE LAUNDRY 031549 PUMP & LIFT ST LAUNDRY 07/21/97 $516.32 G & K DIRECT PURCHASE LAUNDRY 031549 BUILDING MAINT LAUNDRY 07/21/97 $572.42' G & K DIRECT PURCHASE Shirts 31571 GENERAL MAINT -LAUNDRY < *> $1,683.51* 178717 07/21/97 $121.71 G & K SERVICES LAUNDRY 063097 ARENA BLDG /GRO LAUNDRY 07/21/97 $41.56 G & K SERVICES LAUNDRY 063097 CITY HALL GENE LAUNDRY 07/21/97 $211.62 G & K.SERVICES LAUNDRY 063097 CITY HALL GENE LAUNDRY 07/21/97 $111.84 G & K SERVICES LAUNDRY 063097 PUMP & LIFT ST LAUNDRY 07/21/97 $370.03 G & K SERVICES LAUNDRY 063097 EQUIPMENT OPER LAUNDRY 07/21/97 $603.40 G & K SERVICES LAUNDRY - 063097 GENERAL MAINT LAUNDRY 07/21/97 $162.72 G & K SERVICES LAUNDRY 063097 BUILDING MAINT LAUNDRY 07/21/97. $152..44 G & K SERVICES LAUNDRY 063097/C ED BUILDING & LAUNDRY < *> $1,775.32* 178718 07/21/97 $362.36 Gartner Refrigeration & Ice rink start up 126448 ED BUILDING & CONTR_REPAIRS 5606 < *> $362.36* 178719 07/21/97 $67.42 GENERAL PARTS &SUPPLY Hinges 687391 POOL CONCESSIO GENERAL SUPPLI < *> $67.42* 178720 07/21/97 $2,526.00 GENERAL SPORTS Lifeguard uniforms 45613 POOL OPERATION LAUNDRY 07/21/97 $600.00 GENERAL SPORTS Staff uniforms 45614 POOL OPERATION. LAUNDRY 07/21/97 $373.50 GENERAL SPORTS Staff uniforms 45614 POOL CONCESSIO LAUNDRY 07/21/97 $625.00 GENERAL SPORTS Grounds crew uniform 45617 ATHLETIC ACTIV GENERAL SUPPLI < *> $4,124.50* 178721 07/21/97 $72.00 GIBBONS, MIKE Softball official 071497 EDINA ATHLETIC CONTR SERVICES < *> $72.00* 178722 07/21/97 $316.50 GIRARD'S BUSINESS MACHIN Forms processing 63988 GENERAL(BILLIN PROF SERVICES 07/21/97 $145.75 GIRARD'S BUSINESS'MACHIN Insert mailing 63988 HUMAN RELATION MILEAGE < *> $462.25* 178723 07/21/97 $86.00 Glewwe Doors Inc Locer locks 74171 POOL OPERATION GENERAL SUPPLI < *> $86.00* 178724 07/21/97 $18,471.80 GLOBAL SPECIALTY CONTRAC CONSTR. IN PROGRESS 96 -5PK #1 PKBOND CIP CIP < *> $18,471.80* 178725 07/21/97 $576.82 Golf Design USA Purchase /Resale 158656 PRO SHOP COST OF GD SOL 6850 < *> $576.82* COUNC' HECK REGISTER WED, JUL 16, 1997,, 8:40 PM page CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------------------------------------------------------------- 178726 07/21/97 $909.25 GOLFCRAFT COST OF GOODS - PRO S 10045 PRO SHOP COST OF GDS -PR 3936 07/21/97 $1,000.00 GOLFCRAFT COST OF GOODS - PRO S 10100 PRO SHOP COST OF GDS -PR 3936 07/21/97 $1,710.00 GOLFCRAFT COST OF GOODS - PRO S 10123 PRO SHOP COST OF GDS -PR < *> $3,619.25* i I 178727 07/21/97 $257.15 GOPHER CASH REGISTER Cash register repair 16223 NORMAN. MAINT. CONTR REPAIRS 7444 07/21/97 $11.16 GOPHER CASH REGISTER Register ribbons 18921 NORMANDALE GC OFFICE SUPPLIE 7524 < *> $268.31* 178728 07/21/97 $80.74 GRAINGER Shutter /ventilation 49873481 BUILDINGS I GENERAL SUPPLI 6886 07/21/97 $320.73 GRAINGER Leak detector 49873481 EQUIPMENT OPER GENERAL SUPPLI 6886 07/21/97 $112.46 GRAINGER Interlink louver 49583464 BUILDINGS REPAIR PARTS 6886 07/21/97 $67.56 GRAINGER Utilities- louver 22475976 PUMP & LIFT ST REPAIR PARTS 7161 07/21/97 $22.39 GRAINGER Cable ties 49585205 FIELD MAINTENA GENERAL SUPPLI 7170 07/21/97 $32.05 GRAINGER GENERAL SUPPLIES 49585404 BUILDING MAINT GENERAL SUPPLI 7186 < *> $635.93* I 178729 07/21/97 $142.00 GRAPE BEGINNINGS INC COST OF GOODS SOLD WI 15201 VERNON SELLING CST OF GD WINE 07/21/97 $267.00 GRAPE BEGINNINGS INC COST OF GOODS SOLD WI 15251 YORK SELLING CST OF GD WINE 07/21/97 $148_.00 GRAPE BEGINNINGS INC COST OF GOODS SOLD WI 15252 50TH ST SELLIN CST OF GD WINE 07/21/97 $1,353.00 GRAPE BEGINNINGS INC COST OF GOODS SOLD WI 15311 . YORK SELLING CST OF GD WINE < *> $1,910.00* 178730 07/21/97 $300.81 GRAYBAR ELECTRIC CO. GENERAL SUPPLIES 50077994 SOUTH HENNEPIN GENERAL SUPPLI 6514 07/21/97 $106.50 GRAYBAR ELECTRIC CO. Cable tester 50077994 PW BUILDING GENERAL SUPPLI 6518 07/21/97 $180.60 GRAYBAR ELECTRIC CO. Electrical /street lig 10481467 ST LIGHTING RE REPAIR PARTS 7018 07/21/97 $321.36 GRAYBAR ELECTRIC CO. Electrical supplies 10481882 CITY HALL GENE GENERAL SUPPLI 7073 < *> $909.27* 178731 07/21/97 $6,247.00 Great Lakes Windows & Si Roof, front door, win 071197 GENERAL FD PRO PROF SERVICES < *> $6,247.00* 178732 07/21/97 $10.00 GREEN ACRES SPRINKLER CO Blue print plans 970893 PARK ADMIN. PROF SERVICES < *> $10.00* 178733 07/21/97 $15,938.00 GREUPNER, JOE Lessons 071397 GOLF ADMINISTR PRO SVC - GOLF < *> $15,938.00* 178735 07/21/97 $1,342.18 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 53879 VERNON SELLING CST OF GD LIQU 07/21/97 $2,774.51 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79894 VERNON SELLING CST OF GD LIQU 07/21/97 $240.60 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79895 VERNON SELLING CST OF GD LIQU 07/21/97 $3,080.07 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79896 VERNON SELLING CST OF GD LIQU 07/21/97 $751.59 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79897 50TH ST SELLIN CST OF GD LIQU 07/21/97 $49.56 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79898 50TH ST SELLIN CST OF GD LIQU 07/21/97 $41.75 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79899 50TH ST SELLIN CST OF GD LIQU 07/21/97 $2,043.77 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79900 50TH ST SELLIN CST OF GD LIQU 07/21/97 $1,329.37 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79906 YORK SELLING . CST OF GD LIQU 07/21/97 $115.64 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79907 YORK SELLING CST OF GD LIQU 07/21/97 $7.16 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79908 YORK SELLING CST OF GD LIQU 07/21/97 $3,519.94 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 79909 YORK SELLING CST, OF GD LIQU 07/21/97 $0.50 GRIGGS COOPER & CO.. COST OF GOODS SOLD LI 80657. YORK SELLING CST, OF GD LIQU - 07/21/97 $1,013.66 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 83045 50TH ST SELLIN CST, OF GD LIQU 07/21/97 $809.00 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 83048 VERNON SELLING CST OF GD LIQU 07/21/97 $2,760.21 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 83050 VERNON SELLING CST, OF GD LIQU 07/21/97 $4,881.04 GRIGGS COOPER & CO. COST:OF GOODS SOLD LI 83053 YORK SELLING CST,OF GD LIQU COUNCIL CHECK KEGISTER WED, JUL 16, 1997, 8:40 PM page 14 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178735 07/21/97 $58.51 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 83057 YORK SELLING CST OF GD LIQU 07/21/97 $3,700.44 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 83058 YORK SELLING CST OF GD LIQU 07/21/97 $177.60 GRIGGS COOPER & CO. COST OF GOODS SOLD LI 84232 YORK SELLING CST OF GD LIQU < *> $28,697.10* 178736 07/21/97 $190.10 GRUBERS'POWER EQUIPMENT Mower blades 7067 MOWING REPAIR PARTS 7593 07/21/97 $448.23 GRUBERS POWER EQUIPMENT Forestry tools 7143 TREES & MAINTE TOOLS 7041 07/21/97 $90.32 GRUBERS POWER EQUIPMENT Trimmer parts 7287 MOWING REPAIR PARTS 7255 < +> $728.65* 178737 07/21/97 $31.95 H & H Buying & Selling Used heater 15935 PUMP & LIFT ST GENERAL SUPPLI 6896 < *> $31.95* 178738 07/21/97 - $350.24 H &L MESABI Blades H034507 EQUIPMENT OPER REPAIR-PARTS 6864 < *> $350.24* 178739 07/21/97 $1,010.95 HALLMAN OIL COMPANY Oil- 902263 EQUIPMENT OPER LUBRICANTS 7373 < *> $1,010.95* 178740 07/21/97 $1,826.30 Hardrives Inc CONSTR. IN PROGRESS 96 -5FNLP STRECY- HILLDAL CIP < *> $1,826.30* - 178741 07/21/97 $50.00 HARVEY, KATHLEEN Repalcement check 071197 ART CNTR PROG DONATIONS < *> $50.00* 178742 07/21/97 $40,542.27 HEALTH PARTNERS HOSPITALIZATION 6672042 .CENT SVC GENER HOSPITALIZATIO < *> $40,542.27* 178743 07/21/97 $19.15 Heim, Lisa Garden hose nozzle 070997 POOL OPERATION GENERAL SUPPLI < *> $19.15 *. 178744 _ 07/21/97 $361.16 HEIMARK FOODS COST OF GOODS SOLD 062697 GRILL COST OF GD SOL < *> $361.16* 178745 07/21/97 $499.13 HENNEPIN COUNTY SHERIFF COURT CHARGES 062097 LEGAL SERVICES COURT CHARGES < *> $499.13* 178746 07/21/97 $50.00 HENNEPIN COUNTY TREASURE Utility permit 26040 DISTRIBUTION LIC & PERMITS 7244 < *> $50.00* 178747 07/21/97 $1,280.22 HENNEPIN COUNTY TREASURE BOARD & ROOM PRISONER 001361 LEGAL SERVICES BRD & RM PRISO < *> $1,280.22* 178748 07/21/97 $156.56 Hess Surveying Instrumen Survey supplies 13030 ENGINEERING GE GENERAL SUPPLI 4619 < *> $156.56* 178749 07/21/97 $399.38 HIRSHFIELD'S PAINT MANUF Field paint 40812 FIELD MAINTENA LINE MARK POWD 5268 < *> $399.38* 178750 07/21/97 $100.00 HOFFMAN, WILLIAM Police services JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178751 07/21/97 $64.50 HOME JUICE COST OF GOODS SOLD MI 82450 VERNON SELLING CST OF GDS MIX < *> $64.50* COUNC `HECK REGISTER WED, JUL 16, 1997, 8:40 PM i i page 1 CHECK - --- -- --- - -DATE- --- CHECK AMOUNT --- --- -- - - - - -- ----- - - - - -- VENDOR--------- - - - - -- DESCRIPTION - INVOICE PROGRAM OBJECT PO NUM 178752 07/21/97 $595.00 ---------------------------------------------------------------- HOPKINS COMMUNITY EDUCAT Training j 1345 CENT SVC GENER dONF & SCHOOLS 07/21/97 $573.00 HOPKINS COMMUNITY EDUCAT Training 1346 CENT SVC GENER CONF & SCHOOLS 07/21/97 $648.00 HOPKINS COMMUNITY EDUCAT Training 1347 CENT SVC GENER CONF & SCHOOLS 07/21/97 $576.00 HOPKINS COMMUNITY EDUCAT Training 1348 CENT SVC GENER CONF & SCHOOLS 07/21/97 $504.00 HOPKINS COMMUNITY EDUCAT Training 1358 CENT SVC GENER CONF & SCHOOLS 07/21/97 $584.00 HOPKINS COMMUNITY EDUCAT Training 1359 CENT SVC GENER CONF & SCHOOLS < *> $3,480.00* 178753 07/21/97 $91.27 HORIZON COMMERCIAL POOL CHEMICALS 13578 ED BUILDING & CHEMICALS 7529 < *> $91.27* 178754 07/21/97 07/21/97- $284.51 $995.78 HOSPITALITY SUPPLY HOSPITALITY Ropes- Braemar room 8096033 CLUB HOUSE GENERAL SUPPLI 6688 07/21/97 $679.47 SUPPLY HOSPITALITY SUPPLY Ice cream cabinet Stainless steel base 8097391 8097537 SWIM PROG PKBOND MACH. & EQUIP EQUIP <�> $1,959.82* CIP REPLACEM 178755 07/21/97 $130.00 House Lift Over charge on permit 97002005 GENERAL FD PRO PLUMBING PERMI < *> $130.00* 178756 07/21/97 07/21/97 $45.18 $54.12 HUEBSCH HUEBSCH Towels, rugs 321757 ED BUILDING & SVC CONTR EQUI 07/21/97 $8.28 HUEBSCH Towels, mats Towels 326075 -ED BUILDING & SVC CONTR EQUI 07/21/97 $54.12 HUEBSCH Towels, mats 330365 334608 ED BUILDING & ED BUILDING & SVC CONTR EQUI SVC CONTR EQUI 07/21/97 07/21/97 $54.12 $8.28 HUEBSCH HUEBSCH Towels, mats 343175 ED BUILDING & SVC CONTR EQUI < *> $224.10* Towels 347463 ED BUILDING & SVC CONTR EQUI 178757 07/21/97 $170.83 HYDRAULIC COMPONENT SERV Cylinder 12630 EQUIPMENT OPER REPAIR PARTS 7148 < *> $170.83* j 178758 07/21/97 07/21/97 $29.29 $2,039.84 HYDRO SUPPLY CO HYDRO SUPPLY CO Trace screwdiver 11276 METER REPAIR EQUIP MAINT 6388 < *> $2,069.13* Water meters 11289 UTILITY PROG INVENTORY WATE 6388 j 178759 < *> 07/21/97 $205,671.83 $205,671.83* HYDRO SUPPLY DISTRIBUTION SYSTEM 96 -PW #10 UTILITY PROG DISTRIBUTION S 178760 07/21/97 07/21/97 $54.22 $64.25 IKON CAPITAL IKON CAPITAL EQUIPMENT RENTAL 37900640 ART CENTER ADM EQUIP RENTAL < *> $118.47* Fax toner cartridge 28992A CENT SVC GENER GENERAL SUPPLI 7667 178761 07/21/97 07/21/97 $62.25 $17.31 INDELCO PLASTIC CORP INDELCO PLASTIC Irrigation repair par 126747 FIELD MAINTENA i REPAIR PARTS 7074 < *> $79.56* CORP Plumbing repair parts 126840 BUILDING MAINT REPAIR PARTS 7184 178762 07/21/97 07/21/97 $37.65 $57.41 INLAND TRUCK PARTS INLAND REPAIR PARTS 476485 EQUIPMENT OPER REPAIR PARTS 7136 * <> $95.06* TRUCK PARTS Parts 476620 EQUIPMENT OPER REPAIR PARTS 7147 178763 *> 07/21/97 $375.00 Institute of Electrical CONFERENCES & SCHOOLS 070897 TRAINING i CONF & SCHOOLS < $375.00* 178764 *> 07/21/97 $179.00 Integated Response to Di CONFERENCES & SCHOOLS 061997 FIRE DEPT-. GEN CONF & SCHOOLS 6604 < $179.00* COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 16 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178765 07/21/97 $437.70 INTERIOR COMMUNICATIONS Phone service contrac 26078 ED ADMINISTRAT SVC CONTR EQUI <*> $437.70* 178766 07/21/97 $284.00 INTERLACHEN TRAVEL Airfare #55 067115 FIRE DEPT. GEN CONF & SCHOOLS < *> $284.00* 178767 07/21/97 $295.00 INVER HILLS COMMUNITY CO Cont ed 052397 INSPECTIONS CONF & SCHOOLS 07/21/97 $295.00 INVER HILLS COMMUNITY CO Cont ed 052397 FIRE DEPT. GEN CONF & SCHOOLS 07/21/97 $295.00 INVER HILLS COMMUNITY CO Cont ed 052397 ART CENTER ADM CONF & SCHOOLS < *> $885._00* 178768 07/21/97 $117.82 J.H. LARSON ELECTRICAL C Cord /strip /nuts 40133760 POLICE DEPT. G GENERAL SUPPLI 6484 07/21/97 $131.55 J.N. LARSON ELECTRICAL C Parts for floor scrub 40136360 PW BUILDING . REPAIR PARTS 6942 07/21/97 $55.88 J.H. LARSON ELECTRICAL C Fire dept part 40122490 FIRE DEPT. GEN GENERAL SUPPLI 6750 07/21/97 $298.59 J.H. LARSON ELECTRICAL C electrical -shop 40143500 ST LIGHTING OR GENERAL SUPPLI 7055 07/21/97 $405.89 J.H. LARSON ELECTRICAL C Fire dept electrical 40143500 POLICE DEPT. G GENERAL SUPPLI 7055 < *> $1,009.73* 178769 07/21/97 $720.00 J.L. Schmitz & Sons PROFESSIONAL SERVICES 061097 PK BOND CIP PROF SERVICES 07/21/97 $600.00 J.L. Schmitz & Sons PROFESSIONAL SERVICES 0620 PKBOND CIP PROF SERVICES < *> $1,320.00* 178770 07/21/97 $100.00 JAMES, WILLIAM F police services JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178771 07/21/97 $1,371.00 JEFF ELLIS & ASSOCIATES PROFESSIONAL SERVICES 971559 POOL OPERATION PROF SERVICES 07/21/97 $24.00 JEFF ELLIS & ASSOCIATES Adult BVM 971990 POOL OPERATION GENERAL SUPPLI < *> $1,395.00* 178772 07/21/97 $206.15 JEFFERSON FIRE & SAFETY Hoods 35203 FIRE DEPT. GEN GENERAL SUPPLI 4454 < *> $206.15* 178773 07/21/97 $343.99 JERRY'S PRINTING Balance due B8591 INSPECTIONS PRINTING 07/21/97 $228.98 JERRY'S PRINTING PRINTING 9274 INSPECTIONS PRINTING < *> $572.97* 178774 07/21/97 $45.00 JEUB, PATTI Prof sere AC 071497 ART CENTER ADM PROF SERVICES < *> $45.00* 178775 07/21/97 $50.77 Johnson Plastics Misc. hardware 833041 BUILDING MAINT GENERAL SUPPLI 7243 < *> $50.77* 178776 07/21/97 $329.49 Johnson Wholesale Florio Mums 22092 ED BUILDING & TREES FLWR SHR 7536 07/21/97 $87.21 Johnson Wholesale Florio Sprayer 67778 ED BUILDING & GENERAL SUPPLI 7536 < *> $416.70* 178779 07/21/97 - $275.05 JOHNSON WINE CO. COST OF GOODS SOLD LI 34315 50TH ST SELLIN CST OF GD LIQU 07/21/97 - $29.45 JOHNSON WINE'CO. COST OF GOODS SOLD WI 34402 50TH ST SELLIN CST OF GD WINE 07/21/97 -$2.76 JOHNSON WINE CO. COST OF GOODS SOLD LI 34589 VERNON SELLING CST OF GD LIQU 07/21/97 $367.40 JOHNSON WINE CO. COST OF GOODS SOLD WI 723701 YORK SELLING CST OF GD WINE 07/21/97 $5,451.52 JOHNSON WINE CO. COST OF GOODS SOLD LI 724517 VERNON SELLING CST OF GD LIQU 07/21/97 $2,191.70 JOHNSON WINE CO. COST OF GOODS SOLD WI 724518 VERNON SELLING CST OF GD WINE 07/21/97 - $41.20 JOHNSON WINE CO. COST OF GOODS SOLD WI 35005 YORK SELLING CST OF GD WINE 07/21/97 -$5.37 JOHNSON WINE CO. COST OF GOODS SOLD LI 35091 50TH ST SELLIN CST OF GD LIQU 07/21/97 $1,668.03 JOHNSON WINE CO. COST OF GOODS SOLD LI 725922 50TH ST SELLIN CST OF GD LIQU COUNC HECK REGISTER WED, JUL 16, 1997, 8:40 PM page 1 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------------------------------------=------------------------ 178779 07/21/97 $3,085.56 JOHNSON WINE CO. COST OF GOODS SOLD LI 725923 YORK SELLING CST OF GD LIQU 07/21./97 $1,120.65 JOHNSON WINE CO. COST OF GOODS,SOLD WI 725924 YORK SELLING CST OF GD WINE 07/21/97 $4,407.44 JOHNSON WINE CO. COST OF GOODS SOLD LI 725925 VERNON SELLING CST OF GD LIQU 07/21/97 $1,044.00 JOHNSON WINE CO. COST OF GOODS SOLD WI 726952 50TH ST SELLIN CST OF GD WINE 07/21/97 $1,816.30 JOHNSON WINE CO. COST OF GOODS SOLD WI 726953 VERNON SELLING CST OF GD WINE 07/21/97 $112.60 JOHNSON WINE CO. COST OF GOODS SOLD LI 727189 50TH'ST SELLIN CST OF GD LIQU 07/21/97 $563.00 JOHNSON WINE CO. COST OF GOODS SOLD LI 727190 YORK SELLING CST OF GD LIQU 07/21/97 $556.55 JOHNSON WINE CO. COST OF GOODS SOLD LI 727191" VERNON SELLING CST OF GD LIQU 07/21/97 $480.50 JOHNSON WINE CO. COST OF GOODS SOLD WI 727192 SOTH ST SELLIN CST OF GD WINE 07/21/97 $981.66 JOHNSON WINE CO. COST OF GOODS.SOLD WI 727194 VERNON SELLING CST OF GD.WINE 07/21/97 $279.43 JOHNSON WINE CO. COST OF GOODS SOLD BE 729686 YORK SELLING CST OF GDS BEE 07/21/97 $279.43 JOHNSON WINE CO. COST OF GOODS SOLD BE 729687 VERNON SELLING CST OF GDS BEE 07/21/97 $631.06 JOHNSON WINE CO. COST OF GOODS SOLD WI 729689 50TH ST SELLIN CST OF GD WINE 07/21/97 $5,320.09 JOHNSON WINE CO. COST OF GOODS SOLD LI 729690 YORK SELLING CST OF GD LIQU 07/21/97 $3,928.56 JOHNSON WINE CO. COST OF GOODS SOLD WI 729691 YORK SELLING CST OF GD WINE 07/21/97 $3,820.36 JOHNSON WINE CO. COST OF GOODS SOLD LI 729692 VERNON SELLING CST OF GD LIQU 07/21/97 $1,151.27 JOHNSON WINE CO. COST OF GOODS SOLD WI 729693 VERNON SELLING CST OF GD WINE < *> $38,903.28* 178780 07/21/97 $144.38 JOHNSON, NAOMI CRAFT SUPPLIES 071497 FART CENTER ADM CRAFT SUPPLIES 07/21/97 $30.35 JOHNSON, NAOMI LAUNDRY 071497 ART CENTER BLD LAUNDRY 07/21/97 $14.54 JOHNSON, NAOMI GENERAL SUPPLIES 071497 ART SUPPLY GIF GENERAL SUPPLI < *> $189.27* i 178781 07/21/97. $170.51 JOHNSON, RICHARD H. Craft supplies 071497 ART CENTER ADM CRAFT SUPPLIES < * >. $170.51* 178782 07/21/97 $100.00 JOHNSON, WALTER Police services JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178783 07/21/97 $532.49 JOHNSTONE SUPPLY OF GOLD Compact -aire 124187 ART CENTER BLD GENERAL SUPPLI 7076 < *> $532.49* 178784 07/21/97 $25.56 JOHNSTONS SALES & SERVIC Repairs 1777702 RANGE REPAIR PARTS 7673 < *> $25.56* 178785 07/21/97 $149.60 JORDAN BEVERAGE COST OF GOODS SOLD BE 38942 - YORK SELLING CST OF GDS BEE 07/21/97 $149.60 JORDAN BEVERAGE COST OF GOODS SOLD BE 38943 VERNON SELLING CST OF GDS BEE 07/21/97 $170.00 JORDAN BEVERAGE COST OF GOODS SOLD BE 39164 VERNON SELLING CST OF GDS BEE < *> $469.20* 178786 07/21/97 $235.22 JP FOODSERVICES INC COST OF GOODS SOLD 052097 POOL TRACK GRE COST OF GD SOL 07/21/97 $8,597.36 JP FOODSERVICES INC COST OF GOODS SOLD 063097 GRILL COST OF GD SOL < *> $8,832.58* 178788 07/21/97 $199.68 JUSTUS LUMBER Concrete form 66603 GENERAL MAINT GENERAL-SUPPLI 6189 07/21/97 $121.81 JUSTUS LUMBER Lumber for dug out 71307 PK BOND CIP LUMBER 6671 07/21/97 $29.42 JUSTUS LUMBER Countryside dug out 71455 PK BOND CIP LUMBER 6679 07/21/97 $444.23 JUSTUS LUMBER Lumber for dug outs 71545 PK BOND CIP LUMBER 6729 07/21/97 $67.90 JUSTUS LUMBER Lumber for dug out 72226 PK BOND CIP LUMBER 6722 07/21/97 $114.83 JUSTUS LUMBER Lumber for dug out 72794 PK BOND CIP - LUMBER 6884 07/21/97 $519.36 JUSTUS LUMBER lumber for carp shop 74619488 PK BOND CIP GENERAL SUPPLI 7017 07/21/97 $21.04 JUSTUS LUMBER LUMBER 74642 BUILDING MAINT LUMBER 6943 07/21/97 $57.98 JUSTUS LUMBER LUMBER 74797 BUILDING MAINT LUMBER 7033 07/21/97 $261.62 JUSTUS LUMBER Ballfield storage box 74911 -BUILDING MAINT LUMBER 7040 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 18 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM' OBJECT PO NUM -----------------------------------------------------------------------------7------------------------------------------------------ 178788 07/21/97 $89.72 JUSTUS LUMBER LUMBER 74926 BUILDING MAINT LUMBER 7044 07/21/97 $31.84 JUSTUS LUMBER LUMBER 75356 BUILDING MAINT LUMBER 7077 07/21/97 $12.14 JUSTUS LUMBER LUMBER 76843 BUILDING MAINT LUMBER 7000 < *> $1,9.71.57* 178789 07/21/97 $179.21 K & K SALES Building supplies poo 98884 POOL OPERATION GENERAL SUPPLI 6937 07/21/97 $36.76 K & K SALES Building supplies poo 98887 POOL OPERATION GENERAL SUPPLI 6935 < *> $215.97* 178790 07/21/97 $130.36 KANE SERVICE, THE Guard 7983509 ED BUILDING & PROF SERVICES < *> $130.36* 178791 07/21/97 $55.00 KIFFMEYER, WALLY Softball official 071497 EDINA ATHLETIC CONTR SERVICES < *> $55.00 *. 178792 07/21/97 $120.00 KINGHORN, ROBERT C New sign 070297 NORMAN. MAINT. PROF SERVICES 7511 < *> $120.00* 178793 07/21/97 $47.93 KINKO'S PRINTING 060297 GOLF ADMINISTR PRINTING 6481 07/21/97 $47.93 KINKO'S PRINTING 62200014 GOLF ADMINISTR PRINTING < *> $95.86* 178794 07/21/97 $110.98 KLEVE HEATING Job cancelled 97001757 GENERAL FD PRO MECHAN PERMITS < *> $110.98* 178796 07/21/97 $87.07 KNOX COMM CREDIT Material 271343 PK BOND CIP GENERAL SUPPLI 07/21/97 .$89.84 KNOX COMM CREDIT Fence 271354 PK BOND CIP GENERAL SUPPLI 6539 07/21/97 $239.58 KNOX COMM CREDIT Silt fence 271383 PK BOND CIP GENERAL SUPPLI 6530 07/21/97 $38.84 KNOX COMM CREDIT Lumber 271585 GENERAL MAINT GENERAL SUPPLI 6630 07/21/97 $66.67 KNOX COMM CREDIT Lumber 271764 GENERAL MAINT. GENERAL SUPPLI 6643 07/21/97 $16.27 KNOX COMM CREDIT Thinner 272672 STREET NAME SI COMMODITIES 6724 07/21/97 $54.65 KNOX COMM CREDIT Hand tools 274003 BUILDING MAINT TOOLS 07/21/97 $81.23 KNOX COMM CREDIT Materials 274298 PKBOND CIP GENERAL SUPPLI 6915 07/21/97 $201.87 KNOX COMM CREDIT Federation kiln 274636 ART CNTR PROG CIP 6785 07/21/97 $82.59 KNOX COMM CREDIT Materials 274659 PKBOND CIP GENERAL SUPPLI 6888 07/21/97 $199.30 KNOX COMM CREDIT Stakes /fence 275430 PKBOND CIP GENERAL SUPPLI 7032 07/21/97 $48.46 KNOX COMM CREDIT Concrete Supplies 276263 BUILDING MAINT GENERAL SUPPLI 7140 07/21/97 $44.77 KNOX COMM CREDIT Silt fence 171939 ED BUILDING & GENERAL SUPPLI 7409 07/21/97 $117.04 KNOX COMM CREDIT Safety fence 277387 BUILDING•MAINT GENERAL SUPPLI 7221 07/21/97 $47.28 KNOX COMM CREDIT Misc hardware 278459 BUILDING MAINT GENERAL SUPPLI 7466 < *> $1,415.46* 178797 07/21/97 $42.48 KNUTSON, KAREN Gallery General suppl 071497 ART SUPPLY GIF GENERAL SUPPLI < *> $42.48* 178798 07/21/97 $287.45 KOALA BEAR KARE Kids paly station 0057.951, SPECIAL ACTIVI-GENERAL SUPPLI 7120 < *> $287.45* 178799 07/21/97 $14.45 KUETHER DIST'. CO. COST OF GOODS SOLD MI 187212 - 50TH ST SELLIN CST OF GDS MIX 07/21/97 $1,432.10 KUETHER DIST. CO. COST OF'GOODS SOLD BE 187213 50TH ST SELLIN CST OF GDS BEE 07/21/97 $1,377.20 KUETHER DIST. CO. COST OF GOODS SOLD BE 187225 YORK SELLING CST OF GDS BEE 07/21/97 $546.70 KUETHER DIST. CO. COST OF GOODS SOLD BE 187717 50TH ST SELLIN CST OF GDS BEE 07/21/97 $144.80 KUETHER DIST. CO. COST OF GOODS SOLD MI 187752 YORK SELLING CST OF GDS MIX 07/21/97 $1,053.90 KUETHER DIST. CO. COST OF GOODS SOLD BE 187753 YORK SELLING CST OF GDS BEE < *> $4,569.15* COUNC 'HECK REGISTER WED, JUL 16, 1997, 8:40 PM page ] CHECK NO DATE ------------------------------------------------------------- CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM 178800 07/21/97 $271.58 Kustom Karriers - ---------------------------------------------------------------------- Aluminum cleaner 062397 FIRE DEPT. GEN CLEANING SUPPL < *> $271.58* 178801 07/21/97 $8,765.98 LaBreche & Murray Public About Town 13584 COMMUNICATIONS ADVERT OTHER 07/21/97 $13,626.42 LaBreche & Murray Public About Town 13612 COMMUNICATIONS ADVERT OTHER < *> $22,392.40* 178802 07/21/97 $135.00 LAKE COUNTRY CHAPTER CONFERENCES & SCHOOLS 071197 FIRE DEPT. GEN CONF & SCHOOLS < *> $135.00* 178803 07/21/97 $927.00 LAKE RESTORATION INC Treat pond 4929 PONDS & LAKES PROF SERVICES 6749 07/21/97 $531.00 LAKE RESTORATION INC Pond treatment 5030. MAINT OF COURS PROF SERVICES 7512 07/21/97 $19,471.00 LAKE RESTORATION INC Pond weed treatment 721. PONDS & LAKES PROF SERVICES < *> $20,929.00* 178804 07/21/97 $73.61 Larson Companies Filter 053197 EQUIPMENT OPER REPAIR PARTS < *> $73.61* 178805 07/21/97 $275.54 Lathrop Paint Supply Com Supplies 715969 STREET NAME SI PAINT 6734 07/21/97 $38.00 Lathrop Paint Supply Com Repair 715970 TRAFFIC SIGNAL CONTR REPAIRS 6734 < *> $313.54* 178806 07/21/97 $20.00 Lavin, Brain Refund tennis 070997 GENERAL FD PRO REGISTRATION F < *> $20.00* 178807 07/21/97 $290.41 Lawn Ranger, The Repair sprinkler 070197 LIFT STATION M CONTR REPAIRS < *> $290.41* 178808 07/21/97 $439.09 LAWSON PRODUCTS INC. Hardware 1667149 EQUIPMENT OPER GENERAL SUPPLI 6479 07/21/97 $100.67 LAWSON PRODUCTS INC. Hardware 1667151 STREET NAME SI GENERAL SUPPLI 5478 07/21/97 $213.51 LAWSON PRODUCTS INC. Hardware 1678546 EQUIPMENT OPER GENERAL SUPPLI 5816 07/21/97 $93.99 LAWSON PRODUCTS INC. Linch pin 1703313 EQUIPMENT OPER REPAIR PARTS 6673 07/21/97 $389.80 LAWSON PRODUCTS INC. Hardware 1706157 DISTRIBUTION REPAIR PARTS 6745 07/21/97 $58.28 LAWSON PRODUCTS INC. GENERAL SUPPLIES 1706158 DISTRIBUTION GENERAL SUPPLI 6744 07/21/97 $183.51 LAWSON PRODUCTS INC. GENERAL SUPPLIES 1717552 DISTRIBUTION GENERAL SUPPLI 7163 07/21/97 $355.60 LAWSON PRODUCTS INC. GENERAL SUPPLIES 1719399 DISTRIBUTION GENERAL SUPPLI 7212 07/21/97 $117.17 LAWSON PRODUCTS INC. Nylon cable ties 1719400 DISTRIBUTION GENERAL SUPPLI 7214 07/21/97 $43.92 LAWSON PRODUCTS INC. Rod 1723610 EQUIPMENT OPER REPAIR PARTS 7213 < *> $1,995.54* 178809 07/21/97 $106.50 LEBERT, ANITA Wagon wheel landscapi 063097 MAINT OF COURS GENERAL SUPPLI 7316 < *> $106.50* 178810 07/21/97 $382.28 LEITNER COMPANY Greens mix 152497 ED BUILDING & FERTILIZER 6962 07/21/97 $713.44 LEITNER COMPANY SOD & BLACK DIRT 070197 MAINT OF COURS SOD & DIRT 07/21/97 $331.16 LEITNER COMPANY SOD & BLACK DIRT 070197 NORMAN. MAINT. SOD & DIRT < *> $1,426.88* 178811 07/21/97 $67.03 LEMCO HYDRAULICS Pin /brass 061897 EQUIPMENT OPER REPAIR PARTS 6878 07/21/97 $60.54 LEMCO HYDRAULICS REPAIR PARTS 062497 EQUIPMENT OPER REPAIR PARTS 7145 < *> $127.57* 178812 07/21/97 $183.74 LESSMAN, GREG COST OF GOODS - PRO S 12262 PRO SHOP COST OF GDS -PR 1169 < *> $183.74* COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 2( CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178813 07/21/97 $126.00 LINDSTROM, RUSTY Softball official 071497 EDINA ATHLETIC CONTR SERVICES < *> $126.00* 178814 07/21/97 $8.84 LINHOFF Film processing 34383 GENERAL MAINT GENERAL SUPPLI 7557 07/21/97 $36.00 LINHOFF Adaptive rec 34383 ADAPTIVE RECRE GENERAL SUPPLI 7557 07/21/97 $69.76 LINHOFF Slides 34468 GENERAL MAINT GENERAL SUPPLI 6945 < *> $114:60* 178815 07/21/97 $197.57 LITTLE BLIND SPOT, THE, Ex course shutter rep 14990 RANGE CONTR REPAIRS 7446 < *> $197.57* 178816 07/21/97 $4,721.79 LOGIS DATA PROCESSING AR0697 FINANCE DATA PROCESSIN 07/21/97 $2,205.71 LOGIS DATA PROCESSING AR0697 ASSESSING DATA PROCESSIN 07/21/97 $3,881.47 LOGIS` DATA PROCESSING AR0697 GENERAL(BILLIN DATA PROCESSIN 07/21/97 $56.67 LOGIS DATA PROCESSING AR0697 LIQUOR 50TH ST.DATA PROCESSIN 07/21/97 $56.67 LOGIS DATA PROCESSING AR0697 LIQUOR YORK GE DATA PROCESSIN 07/21/97 $56.67 LOGIS DATA PROCESSING AR0697 VERNON LIQUOR DATA PROCESSIN < *> $10,978.98* 178817 07/21/97 $64.11 LUBE -TECH GENERAL SUPPLIES 239531 ARENA BLDG /GRO GENERAL SUPPLI 7441 < *> - $64.11* 178818 07/21/97 $391,287.90 Lund Martin Construction EQUIPMENT REPLACEMENT 4 PKBOND CIP EQUIP REPLACEM < *> •$391,287.90* 178819 07/21/97 $89.58 LYNDALE GARDEN CTR. COST OF GOODS SOLD 106753 MAINT.OF COURS COST`OF GD SOL 6852 07/21/97 $81.41 LYNDALE GARDEN CTR COURSE BEAUTIFICATION 107008 MAINT OF COURS COURSE BEAUTIF 7312 < *> $170.99* 178820 07/21/97 $203.15 M M & R INC. COST OF GOODS - PRO S 121982 PRO SHOP COST OF GDS -PR 1157 07/21/97 $1,102.56 M M & R INC. COST OF GOODS - PRO S 122406 PRO SHOP COST OF GDS -PR 1157 < *> $1,305.71* 178821 07/21/97 $9.00 M. SHANKEN COMMUNICATION COST OF GOODS SOLD MI 316059 VERNON SELLING CST OF GDS MIX 07/21/97 $27.01 M. SHANKEN COMMUNICATION Wine spectator 316558 LIQUOR 50TH ST DUES & SUBSCRI < *> $36.01* 178822 07/21/97 $520.68 MAC QUEEN EQUIP INC. Dirt shoe runners 29707351 EQUIPMENT OPER REPAIR PARTS 7061 < *> $520.68* 178823 07/21/97 $250.27 Magnuson Sod /Haag Servic Sod 965.. ED BUILDING & SOD & DIRT 07/21/97 $351.45 Magnuson Sod /Haag Servic Sod 965.. SNOW & ICE REM SOD & DIRT < *> $601.72* 178826 07/21/97 $1,836.35 MARK VII SALES COST OF GOODS SOLD BE 659914 VERNON'SELLING CST OF GDS BEE 07/21/97 $104.30 MARK VII SALES COST OF GOODS SOLD BE 659915 VERNON SELLING CST OF GDS BEE 07/21/97 $18.15 MARK VII SALES COST OF -GOODS SOLD BE 659916 VERNON SELLING CST OF GDS BEE 07/21/97 $570.00 MARK VII SALES COST OF GOODS SOLD BE 659966 50TH ST SELLIN CST OF GDS BEE 07/21/97 $698.00 MARK VII SALES Beer Braemar GC 0630 GRILL CST OF GDS BEE 07/21/97 $262.00 MARK VII SALES Beer 063097 NORMANDALE GC CST OF GDS BEE 07/21/97 $123.00 MARK VII SALES COST OF GOODS SOLD MI 33038? YORK SELLING CST OF GDS MIX 07/21/97 $954.40 MARK VII SALES COST OF GOODS SOLD BE 660357 50TH ST SELLIN CST OF GDS BEE 07/21/97 $52.45 MARK VII SALES COST OF GOODS SOLD MI 660358. 50TH ST SELLIN CST OF GDS MIX 07/21/97 $1,056.46 MARK VII SALES COST OF GOODS SOLD BE 660359 50TH ST SELLIN CST OF GDS BEE 07/21/97 $10.55 MARK VII SALES COST OF GOODS SOLD M.I 660360 50TH ST SELLIN CST OF GDS MIX COUNC' IECK REGISTER WED, JUL 16, 1997, 8:40 PM page 2 CHECK NO DATE - --- - - -- ------------------------------------------------------------------------------------------------=----------------------- CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM 178826 07/21/97 $6.00 MARK VII SALES COST OF GOODS SOLD MI 660361 50TH ST SELLIN CST OF GDS MIX 07/21/97 $1,981.00 MARK VII SALES COST OF GOODS SOLD BE 660364 VERNON SELLING CST OF GDS BEE 07/21/97 $12.00 MARK VII SALES COST OF GOODS SOLD WI 660365 VERNON SELLING CST OF GD WINE 07/21/97 $2,922.95 MARK VII SALES COST OF GOODS SOLD BE 660380 YORK SELLING CST OF GDS BEE 07/21/97 $54.45 MARK VII SALES COST OF GOODS SOLD BE 660381 YORK SELLING CST OF GDS BEE 07/21/97 $20.00 MARK VII SALES COST OF GOODS SOLD MI 660383 YORK SELLING CST OF GDS MIX 07/21/97 $208.00 MARK VII SALES COST OF GOODS SOLD BE 660925 YORK SELLING CST OF GDS BEE 07/21/97 $92.00 MARK VII SALES COST OF GOODS SOLD BE 660926 YORK SELLING CST OF GDS BEE 07/21/97 $437.15 MARK VII SALES COST OF GOODS SOLD BE 662002 VERNON SELLING CST OF GDS BEE 07/21/97 $68.75 MARK VII SALES COST OF GOODS SOLD BE 662003 VERNON SELLING CST OF GDS BEE 07/21/97 $1,062.80 MARK VII SALES COST OF GOODS SOLD BE 662285 VERNON SELLING CST OF GDS BEE 07/21/97 $18.15 MARK VII SALES COST OF GOODS SOLD BE 662286 VERNON SELLING CST OF GDS BEE 07/21/97 $2,248.50 MARK VII SALES COST OF GOODS SOLD BE 662288 50TH ST SELLIN CST OF GDS BEE 07/21/97 $44.25 MARK VII SALES COST OF GOODS SOLD MI 662289 50TH ST SELLIN CST OF GDS MIX 07/21/97 $50.10 MARK VII SALES COST OF GOODS SOLD MI. 662337 YORK SELLING CST OF GDS MIX 07/21/97 $3,650.30 MARK VII SALES COST OF GOODS SOLD BE 662338 YORK SELLING CST OF GDS BEE 07/21/97 $47.70 MARK VII SALES COST OF GOODS SOLD MI 662339 YORK SELLING CST OF GDS MIX 07/21/97 $36.30 MARK VII SALES COST OF GOODS SOLD BE 662340 YORK SELLING CST OF GDS BEE < *> $18,646.06* 178827 07/21/97 $909.51 MCCAREN DESIGN TREES, FLOWERS, SHRUB 4606 ED BUILDING & i TREES FLWR SHR 6984 07/21/97 $168.27 MCCAREN DESIGN TREES, FLOWERS, SHRUB 4621 ED BUILDING & TREES FLWR SHR 7114 < *> $1,077.78* 178828 07/21/97 $144.90 MCCARTHY, LOWELL MILEAGE OR ALLOWANCE 070897 GENERAL TURF C MILEAGE < *> $144.90* i 178829 07/21/97 $135,594.00 Meisinger Construction C EQUIPMENT REPLACEMENT 9 PKBOND CIP EQUIP REPLACEM < *> $135,594.00* 178830 07/21/97 $55.36 MENARDS ACCT #30240251 Silt fence 875494 ED BUILDING & GENERAL SUPPLI 7657 07/21/97 07/21/97 $37.66 MENARDS ACCT #30240251 GENERAL SUPPLIES 22567 ED BUILDING & GENERAL SUPPLI 7528 $113.51 MENARDS ACCT #30240251 Lumber 876036 ED BUILDING & PAINT 7657 07/21/97 $54.06 MENARDS ACCT #30240251 Fans 22592 GOLF DOME CLEANING SUPPL 7523 < *> $260.59* 178831 07/21/97 07/21/97 $70.86 MENARDS Nails, silicone 17573 ED BUILDING & GENERAL SUPPLI 7539 $34.74 MENARDS. Gloves, garden fabric 17702 ED BUILDING & PAINT 7653 < *> $105.60* 178832 07/21/97 $100.00 MERFELD, BURT Police service JULY 199 RESERVE PROGRA PER SERVICES < *> $100.00* 178833 07/21/97 07/21/97 $52.18 MERIT SUPPLY Spongge pads 45502 STREET REVOLVI GENERAL SUPPLI 6881 07/21/97 $162.41 $598.53 MERIT MERIT SUPPLY Polyliners /wypalls 45511 STREET NAME SI GENERAL SUPPLI 6898 07/21/97 $559.39 MERIT SUPPLY SUPPLY Degreaser Wash & Wax 45529 EQUIPMENT OPER GENERAL SUPPLI 6899 07/21/97 $474.35 MERIT SUPPLY CLEANING SUPPLIES 45555 45581 EQUIPMENT OPER PW BUILDING GENERAL SUPPLI 7031 CLEANING SUPPL 7030 07/21/97 07/21/97 $190.10 $563.01 MERIT MERIT SUPPLY GENERAL SUPPLIES 45595 POOL OPERATION GENERAL SUPPLI 7075 07/21/97 $199.11 MERIT SUPPLY SUPPLY CLEANING SUPPLIES Sealant 45640 ED BUILDING & CLEANING SUPPL 7325 07/21/97 $20060.77 MERIT SUPPLY Advance scrubber 45642 45682 ED BUILDING & SWIM PROG GENERAL MACH. & SUPPLI 7356 EQUIP 7355 07/21/97 $47.07 MERIT SUPPLY Trash liners 45697 FIRE DEPT. GEN GENERAL SUPPLI 6605 < *> $4,906.92* i i j- COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 22 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178834 07/21/97 $266.04 METRO ATHLETIC SUPPLY Repair parts /tennis c 20620 PATHS & HARD S GENERAL SUPPLI 7223 < *> $266.04* 178835 07/21/97 $127.75 MGA COST OF GOODS - PRO S 061097 PRO SHOP COST OF GDS -PR < *> $127.75* 178836 07/21/97 $123.85 MID - AMERICA POWER DRIVES Filter 125014 EQUIPMENT OPER REPAIR PARTS 6874 < *> $123.85* 178837 07/21/97 $516.53 MIDWAY INDUSTRIAL SUPPLY Part 242738 STREET NAME•SI GENERAL SUPPLI 6947 < *> $516.53* 178838 07/21/97 $2,234.00 MIDWEST AQUA CARE Aquatic weeds 070797 AQUATIC WEEDS PROF SERVICES 6126 < *> $2,234.00* 178839 07/21/97 $250,323.18 MIDWEST ASPHALT CORPORAT CONSTR. IN PROGRESS 97 -1 #2 STREET IMPROVE CIP < *> $250,323.18* 178840 07/21/97 $485.73 MIDWEST CHEMICAL SUPPLY Bath /kitchen paper su 15131 CITY HALL GENE PAPER SUPPLIES 7404 < *> $485.73* 178841 07/21/97 $187.85 MIDWEST COCA- COLA.BOTTLI COST OF GOODS SOLD MI 10272572 50TH ST SELLIN CST OF GDS MIX 07/21/97 $370.65 MIDWEST COCA -COLA BOTTLI COST OF GOODS SOLD MI 10272606 VERNON SELLING CST OF GDS MIX 07/21/97 $163.25 MIDWEST COCA- COLA'BOTTLI COST OF GOODS SOLD MI 10288719 YORK SELLING CST OF GDS MIX. 07/21/97 $98.45 MIDWEST COCA -COLA BOTTLI COST OF GOODS SOLD MI 10355385 YORK SELLING CST OF GDS`MIX < *> $820.20* 178842 07/21/97 $133.20 MIDWEST VENDING INC COST OF GOODS SOLD 1439 GRILL COST OF GD SOL 3960 07/21/97 $137.64 MIDWEST VENDING INC COST OF GOODS SOLD 1459 GRILL COST OF GD SOL 3960 $270.844 178843 07/21/97 $462.75 MILHOFF STEEL CONTRACTED REPAIRS 118170 DISTRIBUTION CONTR REPAIRS 7042 07/21/97 $136.59 MILHOFF STEEL CONTRACTED REPAIRS 118244 DISTRIBUTION CONTR REPAIRS 7175 < *> $599.34* 178844 07/21197 $1,610.51 MILLIPORE Water test supplies 1836310 LABORATORY GENERAL SUPPLI 6854 < *> $1,610.51* 178845 07/21/97 $62.55 MILWAUKEE.ELECTRIC TOOL .CONTRACTED REPAIRS 25064870 DISTRIBUTION CONTR REPAIRS 7059 < *> $62.55* 178846 07/21/97 $363.65 MINN COMM PAGING Pagers 30343007 ED BUILDING & SVC.CONTR EQUI < *> $363.65* 178847 07/21/97 $720.00 MINNEAPOLIS & SUBURBAN S Replace service line 31106 DISTRIBUTION CONTR REPAIRS 7545 < *> $720.00* 178848 07/21/97 $30.84 MINNEAPOLIS.OXYGEN COMPA GENERAL.SUPPLIES RI059703 ART CENTER ADM GENERAL SUPPLI 07/21/97 $80.03 MINNEAPOLIS OXYGEN COMPA Gas 498248 GRILL COST OF GD SOL 3961 < *> $110.87* 178850 07/21/97 $270..72 MINNEGASCO HEAT 072197 FIRE DEPT. GEN HEAT 07/21/97 $153.65 MINNEGASCO HEAT 072197 CITY HALL GENE HEAT 07/21/97 $970.48 MINNEGASCO HEAT 072197 PW BUILDING HEAT 07/21/97 $437.24 MINNEGASCO HEAT 072197 BUILDING MAINT HEAT COUNCII SCK REGISTER WED, JUL 16, 1997, 8:40 PM page 23 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178850 07/21/97 $174.59 MINNEGASCO HEAT 072197 ART CENTER BLD HEAT 07/21/97 $200.66 MINNEGASCO HEAT 072197 CLUB HOUSE HEAT 07/21/97 $47.49 MINNEGASCO HEAT 072197 MAINT OF COURS HEAT 07/21/97 $38.44 MINNEGASCO HEAT 072197 GOLF DOME HEAT 07/21/97 $14.39 MINNEGASCO HEAT 072197 NORMANDALE GC HEAT 07/21/97 $1,209.84 MINNEGASCO HEAT 072197 ARENA BLDG /GRO HEAT 07/21/97 $468.41 MINNEGASCO HEAT 072197 ED BUILDING & HEAT 07/21/97 $146.09 MINNEGASCO HEAT 072197 PUMP & LIFT ST HEAT 07/21/97 $1,415. -63 MINNEGASCO HEAT 072197 DISTRIBUTION HEAT 07/21/97 $10.34 MINNEGASCO HEAT 072197 50TH ST OCCUPA HEAT 07/21/97 $27.30 MINNEGASCO HEAT 072197 YORK OCCUPANCY HEAT 07/21/97 $23.69 MINNEGASCO HEAT 072197 VERNON OCCUPAN HEAT 07/21/97 $25.62 MINNEGASCO HEAT JULY POOL OPERATION HEAT 07/21/97 $25.62 MINNEGASCO HEAT JULY POOL OPERATION HEAT < *> $5,660.20* 178851 07/21/97 $182.56 MINNESOTA BEARING COMPAN Sprocket 19092200 EQUIPMENT OPER REPAIR PARTS 7151 < *> $182.56* I 178852 07/21/97 $64.00 MINNESOTA BRICK AND TILE Paver 44038 ED BUILDING & GENERAL SUPPLI 7327 < *> $64.00* 178853 07/21/97 $36.00 MINNESOTA DEPARTMENT OF License fees Police 070897 EQUIPMENT OPER LIC & PERMITS < *> $36.00* 178854 07/21/97' $194.00 MINNESOTA ELEVATOR INC Elevator repair 336782 ED BUILDING & SVC I CONTR EQUI < *> $194.00* 178855 07/21/97 $320.00 Minnesota Foundation for Interpreter service 13970 ADAPTIVE RECRE PROF SERVICES < *> $320.00* 178856 07/21/97 $165.00 MINNESOTA GFOA CONFERENCES & SCHOOLS 072191 FINANCE CONF & SCHOOLS < *> $165.00* i 178857 07%21/97 $171.24 MINNESOTA GLOVE INC Gloves 145528 GENERAL MAINT GENERAL SUPPLI 6914 I < *> $171.24* 178858 07/21/97 $258.80 MINNESOTA PIPE & EQUIPME Hydrant parts 53932 DISTRIBUTION REPAIR PARTS 07/21/97 $628.35 MINNESOTA PIPE & EQUIPME Hydrant wrenched /supp 53365 DISTRIBUTION GENERAL SUPPLI 7036 < *> $887.15* 178859 07/21/97 $5,262.00 MINNESOTA STATE TREASURE State surcharge MAY 1997 GENERAL FD PRO SURTAX < *> $5,262.00* 178860 07/21/97 $70.20 MINNESOTA SUN PUBLICATIO Ad for bid 015823 ADMINISTRATION ADVERTISING LE 07/21/97 $84.00 MINNESOTA SUN PUBLICATIO TIP disclosure statem 015824 ADMINISTRATION ADVERTISING LE 07/21/97 $52.80 MINNESOTA SUN PUBLICATIO TIF fiscal disparitie 015827 ADMINISTRATION ADVERTISING LE < *> $207.00* 178861 07/21/97 $1,820.00 MINNESOTA TACTICAL OFFIC Cont Ed- Police 070197 POLICE DEPT. G CONE & SCHOOLS < *> $1,820.00* 178862 07/21/97 $41.54 MINNESOTA WANNER Water jugs 33697 TREES & MAINTE GENERAL SUPPLI 6912 07/21/97 $57.51 MINNESOTA WANNER Hose 33833 EQUIPMENT OPER REPAIR PARTS 7177 07/21/97 $345.63 MINNESOTA WANNER Part 33893 EQUIPMENT OPER REPAIR PARTS 7219 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 24 CHECK NO DATE CHECK AMOUNT - VENDOR DESCRIPTION - - -- INVOICE PROGRAM --- - - - - -- OBJECT-- _ - - -PO NUM--- - --<*>-------------------- $444.68* 178863 07/21/97 $144.52 MINVALCO Temp control 117786 FIRE DEPT. GEN GENERAL SUPPLI 6922 < +> $144.52* 1 178864 07/21/97 $25.00 MOBILE CELLULAR UNLIMITE Motorola case 97070111 GENERAL MAINT GENERAL SUPPLI 7241 < +> $25.00* 178865 07/21/97 $99.24 MOORE MEDICAL Ambulance supplies 9173478 FIRE DEPT. GEN FIRST AID SUPP 6602 < *> $99.24* 178866 07/21/97 $216.00 MDSE, WILLIAM Softball official 071497 EDINA ATHLETIC CONTR SERVICES < +> $216.00* 178867 07/21/97 $112.00 MTGF EXPO '96 Equipment expo 063097 PARK MAINTENAN CONF & SCHOOLS 7245 +> $112.00* 178868 07/21/97 $95.08 MTI DISTRIBUTING CO TIRES & TUBES I168236 EQUIPMENT OPER TIRES & TUBES 07/21/97 $122.63 MTI DISTRIBUTING CO parts I168871 ED BUILDING & GENERAL SUPPLI 7654 07/21/97 $83.63 MTI DISTRIBUTING CO Irrigation repair par I169147 FIELD MAINTENA REPAIR PARTS 7236 07/21/97 $113.03 MTI DISTRIBUTING CO Irrigation repair par I169214 FIELD MAINTENA REPAIR PARTS 7240 07/21/97 $161.49 MTI DISTRIBUTING CO Tube /tire I169303 EQUIPMENT OPER REPAIR PARTS 7153 07/21/97 $19.32 MTI DISTRIBUTING CO irrigation I169686 ED BUILDING & GENERAL SUPPLI 7284 07/21/97 $115.16 MTI DISTRIBUTING CO REPAIR PARTS I170306 MAINT OF COURS REPAIR PARTS 7509 07/21/97 $987.49 MTI DISTRIBUTING CO Irrigation parts I170308 MAINT OF COURS IRRIGATION EQU 7508 < +> $1,697.83* 178869 07/21/97 $20.00 Muehlbauer, Laurie Refund tennis 070997 GENERAL FD PRO REGISTRATION F < +> $20.00* 178870 07/21/97 $236.40 NAME BRAND SPORTS Uniforms 071097 ED BUILDING & LAUNDRY 7358 I < +> $236.40* 178871 07/21/97 $1,102.28 NEOPOST rent L6837248 CENT SVC GENER POSTAGE < *> $1,102.28* I 178872 07/21/97 $100.00 NISSEN, DICK Police services JULY 199 RESERVE PROGRA PERS SERVICES < +> $100.00* 178873 07/21/97 $149.10 NORMAN, POLLY Photos 062497 GOLF ADMINISTR OFFICE SUPPLIE < +> $149.10* 178874 07/21/97 $46.3.81 NORTH STAR CONCRETE COMP cement catch basin 85791 GENERAL STORM REPAIR PARTS 7546 < +> $463.81* 178875 07/21/97 $6.55 NORTH STAR TURF REPAIR PARTS 148556 MAINT OF COURS REPAIR PARTS 7097 07/21/97 $235.79 NORTH STAR TURF REPAIR PARTS 148761 MAINT OF COURS REPAIR PARTS 7506 07/21/97 $67.47 -NORTH STAR TURF GENERAL SUPPLIES 149508 MAINT OF COURS GENERAL SUPPLI 7507 < +> $309.81* 178876 07/21/97 $55.29 NORTHERN AIRE Diving board strips 19278 POOL OPERATION GENERAL SUPPLI < +> $55.29* 178877 07/21/97 $107.39 NORTHERN Toole 82222815 STREET NAME SI GENERAL SUPPLI 6917 < +> $107.39* COUNCI; 3CK REGISTER WED, JUL 16, 1997, 8:40 PM page 25 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM i OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178878 07/21/97 $129.00 NORTHSTAR ICE COST OF GOODS SOLD MI 39259 VERNON SELLING CST OF GDS MIX 07/21/97 $37.20 NORTHSTAR ICE COST OF GOODS SOLD MI 40359 50TH ST SELLIN CST OF GDS MIX 07/21/97 $55.80 NORTHSTAR ICE COST OF GOODS SOLD MI 43095 YORK SELLING CST OF GDS MIX 07/21/97 $53.40 NORTHSTAR ICE COST OF GOODS SOLD MI 43753 50TH ST SELLIN CST OF GDS MIX 07/21/97 $130.20 NORTHSTAR ICE COST OF GOODS SOLD MI 42508 VERNON SELLING CST OF GDS MIX 07/21/97 $55.80 NORTHSTAR ICE COST OF GOODS SOLD MI 42511 YORK SELLING CST OF GDS MIX 07/21/97 $9.30 NORTHSTAR ICE COST OF GOODS SOLD MI 44470 50TH ST SELLIN CST OF GDS MIX 07/21/97 $36.12 NORTHSTAR ICE COST OF GOODS SOLD MI 450884 YORK SELLING CST OF GDS MIX 07/21/97 $73.20 NORTHSTAR ICE COST OF GOODS SOLD MI 45923 YORK SELLING CST OF GDS MIX < *> $580.02* 178879 07/21/97 $31.50 NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD 255325 ART SUPPLY GIF COST OF GD SOL 5392 07/21/97 -$7.68 NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD 255382 ART SUPPLY GIF COST OF GD SOL 6789 07/21/97 $224.98 NORTHWEST GRAPHIC SUPPLY COST OF GOODS SOLD 255600 ART SUPPLY GIF COST OF GD SOL 7110 < *> $248.80* 178880 07/21/97 $163.29 NORTHWESTERN TIRE CO TIRES & TUBES NW38468 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 $129.24 NORTHWESTERN TIRE CO -TIRES & TUBES NW38554 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 $38.87 NORTHWESTERN TIRE CO TIRES & TUBES NW38764 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 $120.75 NORTHWESTERN TIRE CO Junk tires NW38846 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 $792.07 NORTHWESTERN TIRE CO TIRES & TUBES NW38907 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 $121.05 NORTHWESTERN TIRE CO TIRES & TUBES NW39009 EQUIPMENT OPER TIRES & TUBES 7319 07/21/97 $84.44 NORTHWESTERN TIRE CO TIRES & TUBES NW39010 EQUIPMENT OPER TIRES & TUBES 6668 07/21/97 - $87.97 NORTHWESTERN TIRE CO Credit NW39036 EQUIPMENT OPER TIRES & TUBES < *> $1,361.74* 178883 07/21/97 $3.14 NSP LIGHT & POWER 072197 GENERAL MAINT LIGHT & POWER 07/21/97 $176.74 NSP LIGHT & POWER 072197 ST LIGHTING RE LIGHT & POWER 07/21/97 $8.76 NSP LIGHT & POWER 072197 ST LIGHTING OR LIGHT & POWER 07/21/97 $5,962.13 NSP LIGHT & POWER 072197 TRAFFIC SIGNAL LIGHT & POWER 07/21/97 $7.71 NSP LIGHT & POWER 072197 GENERAL STORM LIGHT & POWER 07/21/97 $2,534.50 NSP LIGHT & POWER 072197 PONDS & LAKES LIGHT & POWER 07/21/97 $2,797.83 NSP LIGHT & POWER 072197 PARKING RAMP LIGHT & POWER 07/21/97 $685.00 NSP LIGHT & POWER 072197 FIRE DEPT. GEN LIGHT & POWER 07/21/97 $11.94 NSP LIGHT & POWER 072197 CIVIL DEFENSE LIGHT & POWER 07/21/97 $3,256.37 NSP LIGHT & POWER 072197 PW BUILDING LIGHT & POWER 07/21/97 $944.35 NSP LIGHT & POWER 072197 ART CENTER BLD LIGHT & POWER 07/21/97 $8,138.90 NSP LIGHT & POWER 072197 BUILDING MAINT LIGHT & POWER 07/21/97 $5,016.85 NSP LIGHT & POWER 072197 CLUB HOUSE LIGHT & POWER 07/21/97 $393.44 NSP LIGHT & POWER 072197 MAINT OF COURS LIGHT & POWER 07/21/97 $13.78 NSP LIGHT & POWER 072197 POOL OPERATION LIGHT & POWER 07/21/97 $400.20 NSP LIGHT & POWER 072197 NORMANDALE GC LIGHT & POWER 0.7/21/97 $7,938.24 NSP LIGHT & POWER 072197 ARENA BLDG /GRO LIGHT & POWER 07/21/97 $279.97 NSP LIGHT & POWER 072197 GUN RANGE LIGHT & POWER 07/21/97 $3,830.31 NSP LIGHT & POWER 072197 PUMP & LIFT ST LIGHT & POWER 07/21/97 $37,843.94 NSP. LIGHT & POWER 072197 DISTRIBUTION LIGHT & POWER 07/21/97 $1,040.20 NSP LIGHT & POWER 072197 50TH ST OCCUPA LIGHT & POWER 07/21/97 $937.69 NSP LIGHT & POWER 072197 VERNON OCCUPAN LIGHT & POWER 07/21/97 $621.65 NSP LIGHT & POWER 072197 GOLF DOME LIGHT & POWER 07/21/97 $342.62 NSP LIGHT & POWER 072197 ED BUILDING & LIGHT & POWER 07/21/97 $803.82 NSP LIGHT & POWER JULY CLUB HOUSE LIGHT & POWER 07/21/97 $23,128.52 NSP LIGHT & POWER JULY ST LIGHTING RE LIGHT & POWER 07/21/97 $2,652.02 NSP LIGHT & POWER JULY ST LIGHTING OR LIGHT & POWER < *> $109,770.62* COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM -page 26 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178884 07/21/97 $160.00 NWTA /Jr Team Tennis JR championship entry 070897 TENNIS INSTRUC GENERAL SUPPLI < *> $160.00* 178885 07/21/97 $90.00 Nygaard, Jeff Prof sery AC 071497 ART CENTER ADM PROF SERVICES < *> $90.00* 178886 07/21/97 $21.00 O'Toole, Sue Refund computerized h 062797 GOLF PROG COMPUTR HANDIC < *> $21.00* 178887 07/21/97 $384.00 ODLAND, DOROTHY Prof sery AC 071497 ART CENTER ADM PROF SERVICES' < *> $384.00* - 178888 07/21/97 $62.50 Odyssey Golf COST OF GOODS - PRO S 16478702 PRO SHOP- COST OF GDS -PR 1167 < *> $62.50* 178889 07/21/97 $37.00 OFFICE MAX INC Batteries 3407 ED ADMINISTRAT GENERAL SUPPLI 7661 07/21/97 $84.80 OFFICE MAX INC GENERAL SUPPLIES 5647 ED ADMINISTRAT GENERAL SUPPLI < *> $121.80* 178890 07/21/97 $60.23 OLSEN CHAIN & CABLE CO I hand tools 156269 BUILDING MAINT TOOLS 7067. 07/21/97 $54.32 OLSEN CHAIN & CABLE CO I Hand tools 1563 BUILDING MAINT TOOLS 7071 07/21/97 $37.71 OLSEN CHAIN & CABLE CO I REPAIR PARTS 156799 MAINT OF COURS REPAIR PARTS 7275 07/21/97 $177.77 OLSEN CHAIN & CABLE CO I Safety fence for park 157465 BUILDING MAINT GENERAL SUPPLI 7259 < *> $330.03* 178891 07/21/97 $45.00 Olson, Reed Refund swimming 063097 GENERAL FD PRO REGISTRATION F < *> $45.00* 178892 07/21/97 $119.15 OPM INFORMATION SYSTEM GENERAL SUPPLIES 318668 LIQUOR YORK GE GENERAL.SUPPLI 6546 07/21/97 $119.15 OPM INFORMATION SYSTEM GENERAL SUPPLIES 318668 LIQUOR 50TH ST GENERAL-SUPPLI 6546 i 07/21/97 $119.15 OPM INFORMATION SYSTEM MACHINERY & EQUIPMENT 318668 GOLF PROG MACH. & EQUIP 6546 07/21/97 $119.15 OPM INFORMATION SYSTEM GENERAL SUPPLIES 318668 VERNON LIQUOR GENERAL SUPPLI 6546 07/21/97 $35.45 OPM INFORMATION SYSTEM Cable 318926 POLICE DEPT. G DATA PROCESSIN 6546 07/21/97 $117.15 OPM INFORMATION SYSTEM GENERAL SUPPLIES 319500 LIQUOR 50TH ST GENERAL SUPPLI 6546 07/21/97 $117.15 OPM INFORMATION SYSTEM GENERAL SUPPLIES 319500 VERNON LIQUOR GENERAL SUPPLI 6546 07/21/97 - $117.15 OPM INFORMATION SYSTEM Intl tape unit C29583 LIQUOR 50TH ST GENERAL SUPPLI 07/21/97 - $117.15 OPM INFORMATION SYSTEM Int'1 tape unit C29583 VERNON LIQUOR GENERAL SUPPLI 07/21/97 - $164.01 OPM INFORMATION SYSTEM MACHINERY & EQUIPMENT C29584 GOLF PROG MACH. & EQUIP 07/21/97 $2,000.00 OPM INFORMATION SYSTEM Labor - hardware 320652 CENT SVC GENFR SVC CONTR EQUI 7116 < *> $2,348.04* 178893 07/21/97 $221.50 OTIS SPUNKMEYER INC Cookies 339455 POOL CONCESSIO COST OF GD SOL 07/21/97 $87.00 OTIS SPUNKMEYER INC COST OF GOODS SOLD 8324276 GRILL COST OF GD SOL 5644 07/21/97 $316.00 OTIS SPUNKMEYER INC COST OF GOODS SOLD 8324445 POOL CONCESSIO COST OF GD SOL 07/21/97 $82.70 OTIS SPUNKMEYER INC. COST OF GOODS SOLD 8324500 POOL TRACK GRE COST OF GD SOL 7659 < *> $707.20* 178894 07/21/97 $462.25 PARAGON CABLE Cable damage M970708 SNOW & ICE REM GENERAL SUPPLI < *> $462.25* 178895 07/21/97 $82.00 PARK NICOLLET MEDICAL CE pre - employment exam 062897 CENT SVC GENER ADVERT PERSONL < *> $82.00* 178896 07/21/97 $3,027.53 PARTS PLUS REPAIR -PARTS 062697 EQUIPMENT OPER REPAIR PARTS < *> $3,027.53* COUNCI ECK REGISTER WED, JUL 16, 1997, 8:40 PM page 27 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178897 07/21/97 $150.00 PATTIWORKS INC PROFESSIONAL SERVICES 1115 ED ADMINISTRAT PROF SERVICES < *> $150.00* 178899 07/21/97 $414.60 PAUSTIS & SONS COST OF GOODS SOLD WI 77612 YORK SELLING CST OF GD WINE 07/21/97 $416.60 PAUSTIS & SONS COST OF GOODS SOLD WI 77673 50TH ST SELLIN CST OF GD WINE 07/21/97 $150.80 PAUSTIS & SONS COST OF GOODS SOLD WI 77707 YORK SELLING CST OF GD WINE . 07/21/97 $360.30 PAUSTIS & SONS COST OF GOODS SOLD WI 78352 YORK SELLING CST OF GD WINE 07/21/97 -$5.00 PAUSTIS & SONS COST OF GOODS SOLD WI CM630. 50TH ST SELLIN CST OF GD WINE 07/21/97 $360.55 PAUSTIS & SONS COST OF GOODS SOLD WI 78418 50TH ST SELLIN CST OF GD WINE 07/21/97 $713.10 PAUSTIS & SONS COST OF GOODS SOLD WI 78419 VERNON SELLING CST OF GD WINE 07/21/97 $55.90 PAUSTIS & SONS COST OF GOODS SOLD MI 78420 VERNON SELLING CST OF GDS MIX 07/21/97 $65.40 PAUSTIS & SONS COST OF GOODS SOLD BE 78421 VERNON SELLING CST OF GDS BEE 07/21/97 $1,017.60 PAUSTIS & SONS COST OF GOODS SOLD WI 78634 YORK SELLING CST OF GD WINE 07/21/97 $387.00 PAUSTIS & SONS COST OF GOODS SOLD BE 78635 YORK SELLING CST OF GDS BEE 07/21/97 $684.00 PAUSTIS & SONS COST OF GOODS SOLD WI 78642 50TH ST SELLIN CST OF GD WINE 07/21/97 $26.80 PAUSTIS & SONS COST OF GOODS SOLD BE 78643 50TH ST SELLIN CST OF GDS BEE 07/21/97 $649.75 PAUSTIS & SONS COST OF GOODS SOLD WI 78649 VERNON SELLING CST OF GD WINE < *> $5,297.40* 178900 07/21/97 $21.75 Payment Center TELEPHONE 061897 ED BUILDING & TELEPHONE < *> $21.75* 178901 07/21/97 $204.00 PELECIS, MARA Prof sery AC 071497 ART CENTER ADM PROF SERVICES < *> $204.00* I 178902 07/21/97 $626.05 PEPSI -COLA COMPANY COST OF GOODS SOLD 0630 NORMANDALE GC COST OF GD SOL 07/21/97 $3,395.20 PEPSI -COLA COMPANY COST OF GOODS SOLD 063097 RANGE COST OF GD SOL 07/21/97 $175.90 PEPSI -COLA COMPANY COST OF GOODS SOLD MI 33915320 VERNON SELLING CST OF GDS MIX 07/21/97 $167.00 PEPSI -COLA COMPANY COST OF GOODS SOLD 35768623 POOL TRACK GRE COST OF GD SOL 07/21/97 $107.00 PEPSI -COLA COMPANY COST OF GOODS SOLD MI 36707536 YORK SELLING CST OF GDS MIX 07/21/97 $55.85 PEPSI -COLA COMPANY COST OF GOODS SOLD 36584676 POOL CONCESSIO COST OF GD SOL 07/21/97 $871.35 PEPSI -COLA COMPANY COST OF GOODS SOLD 36584677 POOL CONCESSIO COST OF GD SOL < *> $5,398.35* 178903 07/21/97 $990.00 PERKINS LANDSCAPE CONTRA Landecape.repairs 0627 GRANDVIEW REVO CONTR REPAIRS 07/21/97 $990.00 PERKINS LANDSCAPE CONTRA Landscape repairs 062797 GRANDVIEW REVO CONTR.REPAIRS 07/21/97 $1,000.00 PERKINS LANDSCAPE CONTRA Soccer field repair 063097. FIELD MAINTENA CONTR REPAIRS 7480 < *> $2,980.00* 178906 07/21/97 -$7.00 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 18176 VERNON SELLING CST OF GD WINE 07/21/97 - $68.50 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD LI 18177 VERNON SELLING CST OF GD LIQU 07/21/97 - $60.35 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD LI 298585 VERNON SELLING CST, OF GD LIQU 07/21/97 $1,586.65 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 298691 VERNON SELLING CST OF GD WINE 07/21/97 $1,101.33 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD LI 299262 VERNON SELLING CSTIOF GD LIQU 07/21/97 $10385.94 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 299263 VERNON SELLING CSTIOF GD WINE 07/21/97 $425.80 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 300405 50TH ST SELLIN CST;OF GD WINE 07/21/97 $2,190.70 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 300407 VERNON SELLING CST OF GD WINE 07/21/97 $380.98 PHILLIPS WINE & SPIRITS .COST OF GOODS SOLD LI 301021 50TH ST SELLIN CST OF GD LIQU 07/21/97 $503.75 PHILLIPS WINE & SPIRITS COST OF GOODS -SOLD WI 301022 50TH ST SELLIN CST OF GD WINE 07/21/97 $1,224.95 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 301023 YORK SELLING CST OF GD WINE 07/21/97 $50.60 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD MI 301024 YORK SELLING CST!OF GDS MIX 07/21/97 $319.10 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 301024 YORK SELLING CSTIOF GD WINE 07/21/97 $485.53 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD LI 301025 VERNON SELLING CSTIOF GD LIQU 07/21/97 $1,734.63 PHILLIPS WINE& SPIRITS COST OF GOODS SOLD WI 301026 VERNON SELLING CST'OF GD WINE 07/21/97 $293.65 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 301928 50TH ST SELLIN CST OF GD WINE COUNCIL CHECn REGISTER .WED, JUL 16, 1997, 8:40 PM GENERAL SUPPLI BRM fee permit 6171 072197 CENT SVC GENER POSTAGE Postage water billing 070797 CENT SVC GENER page 28 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178906 07/21/97 $2,164.65 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 301929 YORK SELLING CST OF GD WINE 07/21/97 $792.80 PHILLIPS WINE & SPIRITS COST,OF GOODS SOLD WI 301930 VERNON SELLING CST OF GD WINE 07/21/97 $95.00 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD BE 301931 VERNON SELLING CST OF GDS BEE 07/21/97 $390.35 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 302551 50TH ST SELLIN CST OF GD WINE 07/21/97 $136.30 PHILLIPS WINE & SPIRITS COST.OF GOODS SOLD LI 303079 50TH ST SELLIN CST OF.GD LIQU. 07/21/97 $126.60 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD MI 303080 SOTH ST SELLIN CST OF GDS MIX 07/21/97 $104.65 PHILLIPS WINE &'SPIRITS COST OF GOODS SOLD WI 303080 50TH ST SELLIN CST. OF GD WINE 07/21/97 $989.65 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD LI 303081 YORK.SELLING CST OF GD LIQU 07/21/97 $303.95 PHILLIPS WINE & SPIRITS COST OF GOODS•SOLD WI 303082 YORK SELLING CST OF GD WINE 07/21/97 $600.58• PHILLIPS WINE & SPIRITS COST OF-GOODS SOLD LI 303083 VERNON SELLING CST OF GD LIQU 07/21/97 $131.95 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 303084 VERNON SELLING CST OF GD WINE 07/21/97 $976.90 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD WI 303086 VERNON SELLING CST OF GD WINE < *> $18,361.14* 178907 07/21/97 $189.75 PINNACLE DISTRIBUTING COST OF GOODS -'PRO S 965377 PRO SHOP COST OF GDS -PR 6298 07/21/97 $530.45 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965384 VERNON SELLING CST OF GDS MIX 07/21/97 $168.20 PINNACLE DISTRIBUTING COST OF GOODS - PRO S 965524 PRO SHOP, COST OF GDS -PR 6289 07/21/97 $91.50 PINNACLE DISTRIBUTING- COST OF GOODS SOLD MI 965537 YORK SELLING CST OF GDS MIX 07/21/97 $160.50 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965538 50TH ST SELLIN CST OF GDS MIX 07/21/97 $422.95 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965539 VERNON SELLING CST OF GDS MIX 07/21/97 $18.50 PINNACLE DISTRIBUTING COST'OF GOODS - PRO S 965693 PRO SHOP COST OF. GDS-PR 6298 07/21/97 $202.00 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965694 50TH ST SELLIN CST OF GDS MIX 07/21/97 $179.75 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965698 YORK SELLING CST OF GDS MIX 07/21/97 $57.95 PINNACLE DISTRIBUTING COST OF GOODS SOLD MI 965699 - VERNON SELLING CST OF GDS MIX < +> $2,021.55* - 178908 07/21/97 $497.24 PIP PRINTING PRINTING 4641 ED ADMINISTRAT PRINTING 7440 < *> $497.24* 178909 07/21/97 178910 07/21/97 178911 07/21/97 178912 07/21/97 178913 07/21/97 c *> 178914 07/21/97 178915 07/21/97 178916 07/21/97 178917 07/21/97 $35.36 PLUNKETTS $35.36* $290.00 POSTMASTER $290.00* $5,000.00 $5,000.00* $300.00 $300.00* $840.00 $840.00* $155.51 $155.51* $403.90 $403.90* $577.65 $577.65* POSTMASTER GENERAL SUPPLIES 576778 ARENA BLDG /GRO GENERAL SUPPLI BRM fee permit 6171 072197 CENT SVC GENER POSTAGE Postage water billing 070797 CENT SVC GENER POSTAGE POSTMASTER Mailing of Sr newslet 070997 CENT SVC GENER POSTAGE POSTMASTER Bulk mailing /AC 071497 CENT SVC GENER POSTAGE Powers, Virginia Overpayment ambulance 070897 GENERAL FD PRO AMBULANCE FEES PRECISION TURF & CHEMICA Fertilizer For V.V. 9836 FIELD MAINTENA FERTILIZER PRINT SHOP, THE $62.00 PRINTERS SERVICE INC $62.00* Monthly newsletter Blade sharpening 7486 30287 SENIOR CITIZEN GENERAL SUPPLI 6993 13546 ARENA ICE MAIN EQUIP MAINT COUNCIL ICK REGISTER WED, JUL 16, 1997, 8:40 PM page 29 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178919 07/21/97 -$5.71 PRIOR WINE COMPANY COST OF GOODS SOLD WI 66411 VERNON SELLING CST OF GD WINE 07/21/97 $389.90 PRIOR WINE COMPANY COST OF GOODS SOLD WI 78754 50TH ST SELLIN CST OF GD WINE 07/21/97 $51.08 PRIOR WINE COMPANY COST OF GOODS SOLD WI 78755 50TH ST SELLIN CST. OF GD WINE 07/21/97 $68.50 PRIOR WINE COMPANY COST OF GOODS SOLD MI 78756 50TH ST SELLIN CST OF GDS MIX 07/21/97 $146.20 PRIOR WINE COMPANY COST OF GOODS SOLD WI 79034 YORK SELLING CST OF GD WINE 07/21/97 $1,354.20 PRIOR WINE COMPANY COST OF GOODS SOLD WI 79904 YORK SELLING CST OF GD WINE 07/21/97 $389.90 PRIOR WINE COMPANY COST OF GOODS SOLD WI 80647 VERNON SELLING CST OF GD WINE 07/21/97 $1,233.36 PRIOR WINE COMPANY COST OF GOODS SOLD WI 80648 VERNON SELLING CST OF GD WINE .07/21/97 $283.40 PRIOR WINE COMPANY COST OF GOODS SOLD WI 80652 50TH ST SELLIN CST OF GD WINE 07/21/97 $615.29 PRIOR WINE COMPANY COST OF GOODS SOLD WI 80653 50TH ST SELLIN CST OF GD WINE 07/21/97 $81.04 PRIOR WINE COMPANY COST OF GOODS SOLD MI 80654 50TH ST SELLIN CST OF GDS MIX 07/21/97 $135.69 PRIOR WINE COMPANY COST OF GOODS SOLD WI 80658 YORK SELLING CST OF GD WINE 07/21/97 - $69.08 PRIOR WINE COMPANY COST OF GOODS SOLD MI 66701 VERNON SELLING CST OF GDS MIX 07/21/97 - $43.00 PRIOR WINE COMPANY COST OF GOODS SOLD MI 67054 50TH ST SELLIN CST OF GDS MIX 07/21/97 $50.50 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83041 50TH ST SELLIN CST OF GD WINE 07/21/97 $517.99 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83043 50TH ST SELLIN CST OF GD WINE 07/21/97 $54.98 PRIOR WINE COMPANY COST OF GOODS.SOLD MI 83044 50TH ST SELLIN CST OF GDS MIX 07/21/97 $102.50 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83047 VERNON SELLING CST OF GD WINE 07/21/97 $487.33 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83049 VERNON SELLING CST OF GD WINE 07/21/97 $50.50 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83052 YORK SELLING CST OF GD WINE 07/21/97 $1,815.89 PRIOR WINE COMPANY COST OF GOODS SOLD WI 83054 YORK SELLING CST OF GD WINE 07/21/97 $471.24 PRIOR WINE COMPANY COST OF GOODS SOLD MI 83055 YORK SELLING CST OF GDS MIX 07/21/97 .$69.00 PRIOR WINE COMPANY COST OF GOODS SOLD WI 84231 YORK SELLING CST OF GD WINE < *> $8,250.70* 178920 07/21/97 $317.00 PROGRESSIVE CONSULTING E Pro eng sery 9601711 GENERAL(BILLIN PROF SERVICES 07/21/97 $2,550.00 PROGRESSIVE CONSULTING E Prof sery 9601712 GENERAL(BILLIN PROF SERVICES < *> $2,867.00* 178921 07/21/97 $768.83 QUALITY REFRIGERATION IN Install ice maker 112016 GRILL CONTR SERVICES 3965 < *> $768.83* 178922 07/21/97 $2,842.00 R. Morris Concrete Const New steps 071097 CDBG PROG PROF SERVICES < *> $2,842.00* 178923 07/21/97 $464.15 R.E. Fritz Inc COST OF GOODS SOLD MI 403588 VERNON SELLING CSTiOF GDS MIX 07/21/97 $555.98 R.E. Fritz Inc COST OF GOODS SOLD MI 404446 VERNON SELLING CS7 OF GDS MIX 07/21/97 $431.04 R.E. Fritz Inc COST OF GOODS SOLD MI 404655 50TH ST SELLIN CST OF GDS MIX 07/21/97 $287.36 R.S. Fritz Inc COST OF GOODS SOLD MI 405381 50TH ST SELLIN CST OF GDS MIX 07/21/97 $395.12 R.S. Fritz Inc COST OF GOODS SOLD MI 405440 VERNON SELLING CSTIOF GDS MIX 07/21/97 $556.76 R.E. Fritz Inc COST OF GOODS SOLD MI 405469 YORK SELLING CST OF GDS MIX 07/21/97 $359.20 R.E. Fritz Inc COST OF GOODS SOLD MI 405665 YORK SELLING CSTIOF GDS MIX < *> $3,049.61* 178924 07/21/97 $596.90 Rental Center & Power To Battery 83580 DISTRIBUTION TOOLS 6473 < *> $596.90* 178925 07/21/97 $93.95 RESCUE TECHNOLOGY Rope cleaner 25516 FIRE DEPT. GEN I CLEANING SUPPL 6587 < *> $93.95* 178926 07/21/97 $121.41 Revere $121.41* Caulk 178927 07/21/97 $133.58 Ribbon Division Ltd, The Printer ribbon < *> $133.58* 55465320 ED BUILDING & GENERAL SUPPLI 7361 156624 GOLF ADMINISTR OFFICE SUPPLIE 7317 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 30 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178928 07/21/97 $23.95 RITZ CAMERA Slide viewer 3834111 -GENERAL MAINT GENERAL SUPPLI 6925 07/21/97 $47.31 RITZ CAMERA PHOTOGRAPHIC SUPPLIES 3759072 FIRE DEPT. GEN PHOTO SUPPLIES 6590 < *> $71.26* 178929 07/21/97 $44.54 ROSLAND, KENNETH MEETING EXPENSE 071497 CITY COUNCIL MEETING EXPENS < *> $44.54* 178930 07/21/97 $108.00 RYDER, ROBERT Softball official 071497 EDINA ATHLETIC CONTR SERVICES < *> $108.00* 178931 07/21/97 $200.00 S.O.T.A. CONFERENCES &.SCHOOLS 070897 POLICE DEPT. G CONF & SCHOOLS 07/21/97 $40.00 S.O.T.A. DUES & SUBSCRIPTIONS 070897 POLICE DEPT. G DUES & SUBSCRI < *> $240.00* 178932 07/21/97 $269.71 SAFETY KLEEN Haz waste disp 714159 SUPERV. & OVRH HAZ. WASTE DIS < *> $269.71* 178933 07/21/97 $95.74 SAM'S CLUB DIRECT COMMER Phone batteries 070897 BUILDING MAINT GENERAL SUPPLI < *> i $95.74* 178934 07/21/97 $662.96 Sani -Blast Inc Saniblast injector 3452 PUMP & LIFT ST GENERAL SUPPLI 7579 07/21/97 $931.88 Sani -Blast Inc Blast formula 3462 PUMP & LIFT ST GENERAL SUPPLI 6999 < *> $1,594.84* 178935 07/21/97' $50.00 SCHMITZER, DAVID Used refrigerator -fir 070397 FIRE DEPT. GEN EQUIP REPLACEM 07/21/97 $166.80 SCHMITZER, DAVID CONFERENCES &,SCHOOLS 071197 FIRE DEPT. GEN CONF & SCHOOLS < *> $216.80* 178936 07/21/97 $34.6.13 SCOTT COUNTY NURSERY INC COURSE BEAUTIFICATION 1012 MAINT OF COURS COURSE BEAUTIF 72733 < *> $346.13* 178937 07/21/97 $29.25 SELA ROOFING & REMODELIN Duplicate permit 97001868 GENERAL FD PRO BUILDING PERMI < *> $29.25* 178938 07/21/97 $100.00 SHEPARD, JOHN Police service JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178939 07/21/97 $33.97 SHERWIN WILLIAMS PAINT 28905 STREET REVOLVI PAINT 6726 07/21/97 $76.20 SHERWIN WILLIAMS Graffiti removal 26096 GENERAL MAINT GENERAL SUPPLI 7465 07/21/97 $204.71 SHERWIN WILLIAMS Min paint supplies 31826 STREET NAME SI GENERAL SUPPLI 6909 07/21/97 $147.99 SHERWIN WILLIAMS Paint 34101 STREET NAME SI PAINT 7021 < *> i $462.87* 178940 07/21/97 $55.00 Sledz, Lad or Melody Refund patron card 062797 GOLF PROG MEMBERSHIPS 7448 < *> $55.00* 178941 07/21/97 $35.68 Smith- Sharpe Company Federation Kiln 1923 ART CNTR PROG CIP < *> $35.68* 178942 07/21/97 $178.92 SOKKIA MEASURING SYSTEM Paint for "surveyors 8007261R ENGINEERING GE GENERAL SUPPLI 7305 < *> $178.92* 178943 07/21/97 $45.00 SOKOL, MARIE Refudn pool pass 071497 SWIM PROG SEASON TICKETS < *> $45.00* COUNCII 3CK REGISTER WED, JUL 16, 1997, 8:40 PM i page 31 CHECK NO DATE CHECK AMOUNT - VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------ - - - - -- - ------------------------------------------------------------------------------- 178944 07/21/97 $380.15 SOUND ADVISE CONSULTING Sound system .070697 ED BUILDING & GENERAL SUPPLI < *> $380.15* 178945 07/21/97 $107.10 Southdale Optical Safety equipment 070197 POLICE DEPT. G SATIETY EQUIPME < *> $107.10* 178946 07/21/97 $34.00 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD BE 6686 NORMANDALE GC CST OF GDS BEE 3966 07/21/97 $23.50 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD MI 73782 50TH ST SELLIN CST OF GDS MIX 07/21/97 $2,868.40 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD BE 74065 YORK SELLING CST OF GDS BEE. 07/21/97 $1,458.45 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD BE 74066 50TH ST SELLIN CST OF GDS BEE 07/21/97 $2,920.50 SOUTHSIDE DISTRIBUTORS I COST OF GOODS SOLD BE 74135 YORK SELLING CST OF GDS BEE < *> $7,304.85* 178947 07/21/97 $1781.20 SPALDING COST OF GOODS - PRO S 50105194 PRO SHOP COST OF GDS -PR 1162 < *> $178.20* i 178948 07/21/97 $194.91 SPS Copper tubing 2737633 DISTRIBUTION GENERAL SUPPLI 7019 < *> $194.91* 178949 07/21/97 $201.50 ST. CROIX SCREENPRINT Staff shirts 055480 ATHLETIC ACTIV GENERAL SUPPLI 6002 < *> $201.50* 178950 07/21/97 $10.82 ST. JOSEPH EQUIPMENT CO Fittings 5155138 EQUIPMENT OPER REPAIR PARTS 6911 07/21/97 $171.89 ST. JOSEPH EQUIPMENT CO Parts SI55376 EQUIPMENT OPER REPAIR PARTS 6875 07/21/97.. $944.60 ST. JOSEPH EQUIPMENT CO Parts SI55536 EQUIPMENT OPER REPAIR PARTS 7139 07/21/97 $23.79 ST. JOSEPH EQUIPMENT CO REPAIR PARTS SISS688 ED BUILDING & REPAIR PARTS 7360 07/21/97 $12.27 ST. JOSEPH EQUIPMENT CO Therm kit SI55823 EQUIPMENT OPER REPAIR PARTS 7368 07/21/97 $262.56 ST. JOSEPH EQUIPMENT CO Belt /hose SISS825 EQUIPMENT OPER REPAIR PARTS 7368 07/21/97 .$19.09 ST. JOSEPH EQUIPMENT CO Switch SISS874 EQUIPMENT OPER REPAIR PARTS 7370 07/21/97 $168.84 ST. JOSEPH EQUIPMENT CO Repair parts, SI56142 ED BUILDING & REPAIR PARTS 7683 < *> $1,613.86* - I 178951 07/21/97 $125.00 STAR TRIBUNE 5-0th Ad 68990810 50TH ST SELLIN ADVERT OTHER < *> $125.00* 178952 07/21/97 $657.75 STATE CHEMICAL MANUFACTU CLEANING SUPPLIES 0.6250731 FIRE DEPT. GEN CLEANING SUPPL 6598 < *> $657.75* 178953 07/21/97 $350.00 STATE OF MINNESOTA CPV P Annual fee 072197 EQUIPMENT OPER GENERAL SUPPLI < *> $350.00* 178954 07/21/97 $6.66 Stensland, Nancy Refund tennis 070797 GENERAL FD PRO i REGISTRATION F < *> $6.66* 178955 07/21/97 $106.39 STREICHERS EQUIPMENT MAINTENANCE 858512 POLICE DEPT. G EQUIP MAINT < *> $106.39* 178957 07/21/97 $88.68 SUBURBAN CHEVROLET Repair work CVCS2993 EQUIPMENT OPER CONTR REPAIRS 6251 07/21/97 $132.93 SUBURBAN CHEVROLET Pump 79395 EQUIPMENT OPER REPAIR PARTS 6872 07/21/97 $100.00 SUBURBAN CHEVROLET Repair CVCB3010 EQUIPMENT OPER CONTR REPAIRS 6973 07/21/97 $432.71 SUBURBAN-CHEVROLET Repair works CVCS3006 EQUIPMENT OPER CONTR REPAIRS '7501 07/21/97 $89.19 SUBURBAN CHEVROLET Parts 80328 EQUIPMENT OPER REPAIR PARTS 7146 07/21/97 $1,460.53 SUBURBAN CHEVROLET Car 77 repairs 062597 FIRE DEPT. GEN CONTR REPAIRS 5789 07/21/97 $41.74 SUBURBAN CHEVROLET Resevoir 803291 EQUIPMENT OPER REPAIR PARTS 7146 07/21/97 $198.87 SUBURBAN CHEVROLET Condenser 80462 EQUIPMENT OPER REPAIR PARTS 7149 N COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 32 CHECK NO DATE. CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------7----------------------------------------------------------------------------------------------- 178957 07/21/97 $85.04 SUBURBAN CHEVROLET Accumulator 80513 EQUIPMENT OPER REPAIR PARTS 7149 07/21/97 $133.39 SUBURBAN CHEVROLET Hub 80518 EQUIPMENT OPER REPAIR PARTS 7197 07/21/97 $19.46 SUBURBAN CHEVROLET Solenoid 80810 EQUIPMENT OPER REPAIR PARTS 7366 07/21/97 $360.46 SUBURBAN CHEVROLET Part 80812 EQUIPMENT OPER REPAIR PARTS 7365 07/21/97 $37.15 SUBURBAN CHEVROLET Hose asm 80958 EQUIPMENT OPER REPAIR PARTS 7575 07/21/97 $3.11 SUBURBAN CHEVROLET Seal 81153 EQUIPMENT OPER REPAIR PARTS 7374 07/21/97 $2.77 SUBURBAN CHEVROLET Seal 81178 EQUIPMENT OPER REPAIR PARTS 7376 < *> $3,186.03* 178958 07/21/97 $263.91 SUBURBAN PROPANE Propane 419109 EQUIPMENT OPER WELDING SUPPLI 3774 < *> $263.9.1* 178959 07/21/97 $856.20 SUN MOUNTAIN SPORTS.INC. COST OF GOODS - PRO S 455149 PRO SHOP COST OF GDS -PR 1166 < *> $856.20* 178960 07/21/97 $218.80 SUPERAMERICA GASOLINE 061797 EQUIPMENT OPER GASOLINE 07/21/97 $61.94 SUPERAMERICA - MILEAGE OR ALLOWANCE 0619 POLICE DEPT. G MILEAGE < *> $280.74* 178961 07/21/97 $100.00 SWANSON, HAROLD Police services JULY 199 RESERVE PROGRA PERS SERVICES c *> $100.00* 178962 07/21/97 $923.00 T.C. Field & Company INSURANCE 061097 I -494 COMMISSI INSURANCE < *> $923.00* 178963 07/21/97 $700.00 Tactical Specialties Cont Ed- Police 070197 POLICE DEPT. G CONF & SCHOOLS < *> $700.00* 178964 07/21/97 $37.88 TARGET Playgrounds 06166. PLAYGROUND & T GENERAL SUPPLI 07/21/97 $19.75 TARGET Playground supplies 25231 PLAYGROUND & T GENERAL SUPPLI 07/21/97 $97.87 TARGET Camera 25232 COMMUNICATIONS PHOTO SUPPLIES < *> $155.50* 178965 07/21/97 $6.05 TELEPHONE ANSWERING CENT Answering service 061697 GENERAL MAINT GENERAL SUPPLI 7467 < *> $6.05 * - 178966. 07/21/97 178967 07/21/97 < *> I 178968 07/21/97 07/21/97 178969 07/21/97 178970 07/21/97 178971 07/21/97 07/21/97 07/21/97 $102.14 $102.14* $528.77 $528.77* $663.00 $353.60 $1,016.60* $75.00 $7.5.00* $8,661.79 $8,661.79* $3,124.35 $409.00 $967.60 TERMINAL SUPPLY CO TERRY ANN SALES CO TESSMAN SEED INC TESSMAN SEED INC THELL, LINUS H. THOMSEN- NYBECK Tape /tie -rap H2O cups Weed spray Ballfield supplies GENERAL SUPPLIES Prosecuting 86859 EQUIPMENT OPER ACCESSORIES 6628 2198 CLUB HOUSE COST'OF GD SOL S010966 GENERAL TURF C WEED SPRAY 7189 S011063 FIELD MAINTENA GENERAL SUPPLI 7234 . 072197 113100 THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 110187 THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 110456 THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 110637 ART CENTER ADM GENERAL SUPPLI LEGAL SERVICES PROF SERVICES VERNON SELLING CST OF GDS BEE GRILL CST OF GDS. BEE 3968 VERNON SELLING CST OF GDS BEE i COUNC. .BECK REGISTER WED, JUL 16, 1997, 8:40 PM page 3 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ----------------------------------------------------------------------------------------------------------------------------------- 178971 07/21/97 - $40.60 THORPE DISTRIBUTING COMP COST OF GOODS SOLD BE 110637. VERNON SELLING CST OF GDS BEE < *> $4,460.35* 178972 07/21/97 $1,869.09 TITLEIST COST OF GOODS - PRO S 0849669 PRO SHOP COST OF GDS -PR 1159. 07/21/97 $286.08 TITLEIST COST OF GOODS - PRO S 0849672 PRO SHOP COST OF GDS -PR 1159 07/21/97 $58.40 TITLEIST COST OF GOODS - PRO S 0862327 PRO SHOP COST OF GDS -PR 1159 < *> $2,213.57* I 178973..07/21/97 $76.28 TOLL GAS & WELDING SUPPL WELDING SUPPLIES 120695 EQUIPMENT OPER WELDING SUPPLI 6622 07/21/97 $500.85 TOLL GAS & WELDING SUPPL Oxygen acetylene to 123027 DISTRIBUTION GENERAL SUPPLI 7068 j < *> $577.13* ,& 178974 07/21/97 $527.18 TOTAL REGISTER SYSTEMS I MACHINERY & EQUIPMENT 3986 LIQUOR PROG MACH. & EQUIP 7542 07/21/97 $495.00 TOTAL REGISTER SYSTEMS I Wand scanner 4013 LIQUOR PROG MACH. & EQUIP 7532 < *> i $1,022.18* , 178975 07/21/97 $49.97 TRANSPORT TRUCK CENTER Fuel filter E7143007 EQUIPMENT OPER i REPAIR PARTS 6248 < *> $49.97* 178976 07/21/97 $82.68 TRIARCO ARTS & CRAFT COST OF GOODS SOLD 92206 ART SUPPLY GIF COST OF GD SOL 7104 07/21/97 $232.09 TRIARCO ARTS & CRAFT CRAFT SUPPLIES 92676 ART CENTER ADM CRAFT SUPPLIES < *> $314.77* 1 178977 07/21/97 $279.06 TURF SUPPLY Chemicals 0655055. MAINT OF COURS CHEMICALS 6813 07/21/97. $158.67 TURF SUPPLY Lapping compound 065502 ED BUILDING & GENERAL SUPPLI 7323 < *> $437.73* 178978 07/21/97 $230.69 TWIN CITY CONCRETE PRODU GENERAL SUPPLIES 98008 GENERAL STORM GENERAL SUPPLI 6892 < *> $230.69* .178979 07/21/97 $449.96 TWIN CITY SEED CO. Grqass seed for park 3991 PKBOND CIP SEED 7195 < *> $449.96* ± 178980 07/21/97 $113.79 TWIN CITY TRUCK EQUIPMEN Repair parts /hoist on 302494 BUILDINGS REPAIR PARTS 7029 < *> $113.79 *. 178981 07/21/97 $97.45 U.S. Filter /Waterpro Curb box key 275297' DISTRIBUTION GENERAL SUPPLI 7182 07/21/97 $143.14 U.S. Filter /Waterpro Service line parts 275298 DISTRIBUTION GENERAL SUPPLI 7237 < *> $240.59* 178982 07/21/97 $37.99 ULLRICH, CINDY MILEAGE OR ALLOWANCE 071497 ED.ADMINISTRAT MILEAGE < *> $37.99* 178983 07/21/97 $475.20 Ultimate Golf COST OF GOODS - PRO S 40243 PRO SHOP COST OF GDS -PR 4536 < *> $475.20* 178984 07/21/97 $1,392.78 UNIFORMS UNLIMITED UNIFORM ALLOWANCE 072197 POLICE DEPT. G UNIF ALLOW 07/21/97 $57.41 UNIFORMS UNLIMITED GENERAL SUPPLIES 072197 POLICE DEPT. G GENERAL SUPPLI 07/21/97 $69.23 UNIFORMS UNLIMITED UNIFORM ALLOWANCE 072197 RESERVE PROGRA UNfF ALLOW < *> $1,519.42* 178985 07/21/97 $277.14 UNITED AGRI PRODUCTS FERTILIZER 0018697 ED BUILDING & FERTILIZER < *> $277.14* 178986 07/21/97 $446.59 United Electric Electrical parts 25757400 'SOUTH HENNEPIN GENERAL SUPPLI I i 6023 COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 34 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------------------------------------------------------------------------------ 178986 07/21/97 $261.47 United Electric Elec supplies 27008600 CITY HALL GENE GENERAL SUPPLI 7050 07/21/97 $57.36 United Electric Electrical PD 26837901 CITY HALL GENE GENERAL SUPPLI 07/21/97 $175.09 United Electric GENERAL SUPPLIES 27009900 CITY HALL GENE GENERAL SUPPLI 7050 < *> $940.51* 178987 07/21/97 $55.29 US WEST COMMUNICATIONS TELEPHONE 072197 DARE TELEPHONE 07/21/97 $7,203.61 US WEST COMMUNICATIONS TELEPHONE 072197 CENT SVC GENER TELEPHONE 07/21/97 $239.58 US WEST COMMUNICATIONS TELEPHONE 072197 ART CENTER BLD TELEPHONE 07/21/97 $56.88 US WEST COMMUNICATIONS TELEPHONE 072197 .. SKATING & HOCK TELEPHONE 07/21/97 $57.61 US WEST COMMUNICATIONS TELEPHONE 072197 MAINT OF COURS TELEPHONE 07/21/97 $317.64 US WEST COMMUNICATIONS TELEPHONE 072197 ARENA BLDG /GRO TELEPHONE 07/21/97 $39.63 US WEST COMMUNICATIONS TELEPHONE 072197 GUN RANGE TELEPHONE 07/21/97 $108.73 US WEST COMMUNICATIONS TELEPHONE 072197' ED BUILDING & TELEPHONE 07/21/97 $55.29 US WEST COMMUNICATIONS TELEPHONE 072197 PUMP & LIFT ST TELEPHONE 07/21/97 $192.34 US WEST COMMUNICATIONS: TELEPHONE 072197 VERNON OCCUPAN TELEPHONE < *> $8,326.60* 178988 07/21/97 $109.27 US WEST COMMUNICATIONS Frame relay D0860860 CENT SVC GENER TELEPHONE < *> $109.27* 178989 07/21/97 $179.04 VAN PAPER CO. Cups /paper. towels 170809 GRILL GENERAL SUPPLI 7449 07/21/97 $68.05 VAN PAPER CO. GENERAL SUPPLIES 171621 POOL OPERATION GENERAL SUPPLI < *> $247.09* 178990 07/21/97 $445.55 VANTAGE ELECTRIC rewire shop 014531 ED BUILDING & CONTR REPAIRS 6546 07/21/97 $216.20 VANTAGE ELECTRIC Ice machine repair 14558 GRILL _ CONTR REPAIRS 6552 < *> $661.75* 178991 07/21/97 $20.81 VESSCO Chlorinator parts 13515 WATER TREATMEN REPAIR PARTS 6913 < *> $20.81* 178992 07/21/_97 $878.63 Viking Enterprises Cable for fountain 8239 PARK MEMORIALS GENERAL SUPPLI 7261 < *> $878.63* 178993 07/21/97 $144.29 Voss Lighting Bulbs 202446 PW BUILDING GENERAL SUPPLI 7022 07/21/97 $285.95 Voss Lighting Bulbs 202447 PARKING-RAMP REPAIR PARTS 7022 07/21/97 $35.15 Voss Lighting Bulbs for liquor stor 202524 50TH ST OCCUPA GENERAL SUPPLI 7037 e *> $465.39* 178994 07/21/97 $1,080.00 W.M. Montgomery & Associ Consultant services 070197 CONTINGENCIES PROF SERVICES < *> $1,080.00* 178995 07/21/97 $67.10 Walcro Inc Cove 924458 SOUTH HENNEPIN GENERAL SUPPLI 6930 < *> $67.10* 178996 07/21/97 $950..00 Walker Parking Consultan Prof eng sery 27082102 PARKING RAMP PROF SERVICES 07/21/97 $1,200.00 Walker Parking Consultan Prof eng sery 27092102 PARKING RAMP PROF SERVICES 07/21/97 $950.00 Walker Parking Consultan Prof eng sery 27662102 PARKING RAMP PROF SERVICES 07/21/97 $1,050.00 Walker Pa rking-Consultan Prof eng sery 27672102 PARKING RAMP PROF SERVICES < *> $4,150.00* 178997 07/21/97 $42.14 WALSER FORD Fuel assy 55161 EQUIPMENT.OPER REPAIR PARTS 07/21/97 $118.77 WALSER FORD Pump & bracket 55191 EQUIPMENT OPER REPAIR PARTS 7137 07/21/97 - $42.14 WALSER FORD Credit CM55161 EQUIPMENT OPER REPAIR PARTS 07/21/97 $536.55 WALSER FORD Repair work FOCS6485 EQUIPMENT OPER CONTR REPAIRS 7363 V It 179001 07/21/97 179002 07/21/97 07/21/97 179003 07/21/97 07/21/97 179004 07/21/97 07/21/97 $232.83 $232.83* $56.00 $44.00 $100.00* $135.93 $138.09 $274.02* $178.85 $215.55 $394.40* 179005 07/21/97 $78.00 < *> $78.00* 179006 07/21/97 $1,543.42 < *> 65510 COUNC' IECK REGISTER WED, JUL 16, 1997, 8:40 PM $1,170.00 65510 07/21/97 $1,170.00 < *> 6780 page 3' CHECK NO - - -- ------ DATE ----------- CHECK AMOUNT - ----- -- _--- - - - - -- VENDOR --------- - - - - -- DESCRIPTION INVOICE PROGRAM 07/21/97 OBJECT------ PO <*> $654.55 $655.32* 07/21/97 - - - - -- - ------ - - - - - -- ----i-- 07/21/97 -NUM- 178998 07/21/97 $100.00 WALSH, WILLIAM Police service JULY 199 RESERVE PROGRA PERS SERVICES < *> $100.00* 178999 07/21/97 $40.00 WARNING LITES OF MINNESO Seminar 100086 SUPERV. & OVRH HAZ. WASTE DIS 4685 07/21/97 $17.50 WARNING LITES OF MINNESO Pick up barricades 1002632 PUMP & LIFT ST GENERAL SUPPLI 07/21/97 $798.75 WARNING LITES OF MINNESO Drums 1006090 PUMP & LIFT ST GENERAL SUPPLI 7191 07/21/97 $798.75 WARNING LITES OF MINNESO Drums 1006091 PUMP & LIFT ST GENERAL SUPPLI 7172 < *> $1,655.00* . 179000 07/21/97 $188.03 WATERSTREET, JOAN CONFERENCES & SCHOOLS 072197 POLICE DEPT. G CONF & SCHOOLS 07/21/97 $35.21 WATERSTREET, JOAN MEETING EXPENSE 072197 POLICE DEPT. G MEETING EXPENS 07/21/97 $111.95 WATERSTREET, JOAN MILEAGE OR ALLOWANCE 072197 POLICE DEPT. G MILEAGE 07/21/97 $26.00 WATERSTREET, JOAN UNIFORM ALLOWANCE 072197 POLICE DEPT. G UNIF ALLOW 07/21/97 $53.74 WATERSTREET, JOAN GENERAL SUPPLIES 072197 POLICE DEPT. G GENERAL SUPPLI 07/21/97 $25.82 WATERSTREET, JOAN PHOTOGRAPHIC SUPPLIES 072197 POLICE DEPT. G PHOTO SUPPLIES 07/21/97 $7.69 WATERSTREET, JOAN GENERAL SUPPLIES 072197 ANIMAL CONTROL GENERAL SUPPLI < *> $448.44* 179001 07/21/97 179002 07/21/97 07/21/97 179003 07/21/97 07/21/97 179004 07/21/97 07/21/97 $232.83 $232.83* $56.00 $44.00 $100.00* $135.93 $138.09 $274.02* $178.85 $215.55 $394.40* 179005 07/21/97 $78.00 < *> $78.00* 179006 07/21/97 $1,543.42 < *> 65510 $1,543.42* 179007 07/21/97 $1,170.00 65510 07/21/97 $1,170.00 < *> 6780 $2,340.00* 179008 07/21/97 $281.42 6907 07/21/97 $1,563.03 NAME SI 07/21/97 $271.80 07/21/97 $654.55 07/21/97 $765.55 07/21/97 $99.75 07/21/97 $357.40 07/21/97 $352.80 < *> $4,346.30* WEEKEND FREEDOM WENDORF, HAROLD WENDORF, HAROLD WEST PHOTO WEST PHOTO WEST WELD SUPPLY CO. WEST WELD SUPPLY CO. WESTSIDE EQUIPMENT WILBUR -ELLIS Zamboni repair Pro Sery AC CRAFT SUPPLIES Craft supplies GENERAL SUPPLIES Drill bits Drill bit Repair pumps Course material. 80996 ED BUILDING & CONTR REPAIRS 6961 071497 ART CENTER ADM PROF SERVICES 071497 ART CENTER ADM CRAFT SUPPLIES 65510 ART CENTER ADM CRAFT SUPPLIES 6780 65510 ART CENTER BLD GENERAL SUPPLI 6780 6881 PUMP & LIFT ST GENERAL SUPPLI 6907 7060 STREET NAME SI GENERAL SUPPLI 7000 57932 10846 WILSON SPORTING GOODS CO COST OF GOODS - PRO S 1535762 WILSON SPORTING GOODS CO COST OF GOODS - PRO S 1544014 WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE WINE COMPANY, THE COST OF.GOODS SOLD WI 6878 COST OF GOODS SOLD WI 7143 COST OF GOODS SOLD WI 7144 COST OF GOODS SOLD WI 7146 COST OF GOODS SOLD WI 7369 COST OF GOODS SOLD BE 7371 COST OF GOODS.SOLD WI 7372 COST OF GOODS SOLD WI 7373 PW BUILDING. PROF SERVICES 7578 MAINT OF COURS CHEMICALS 7353 PRO SHOP COST OF GDS -PR 1161 PRO SHOP COST OF GDS -PR 1161 I YORK SELLING CSTi OF GD WINE 50TH ST SELLIN CST OF GD WINE YORK SELLING CST, OF GD WINE VERNON SELLING CST OF GD WINE YORK SELLING CSTjOF GD WINE YORK SELLING CST OF GDS BEE VERNON SELLING CSTIOF GD WINE 50TH ST SELLIN CST'OF GD WINE COUNCIL CHECK REGISTER WED, JUL 16, 1997, 8:40 PM page 36 CHECK NO DATE CHECK AMOUNT VENDOR DESCRIPTION INVOICE PROGRAM OBJECT PO NUM ------------------------------------------------------------=----------------------------------------------------------------------- 179009 07/21/97 $96.92 WINEBERG, DON GENERAL SUPPLIES 070897 PRO SHOP GENERAL SUPPLI < *> $96.92* 179010 07/21/97 $843.48 WITTEK GOLF SUPPLY Tee dividers 48911 RANGE GENERAL SUPPLI 7526 < *> $843.48* 179011 07/21/97 $26.00 WOOD, CRAIG Replacement check 071197 ART CNTR PROG SALES OTHER < *> $26.00* 179012 07/21/97 $30.00 Woodwick, Susan refund tennis 070397 GENERAL FD PRO REGISTRATION F 07/21/97 $30.00 Woodwick, Susan Refund tennis 070997 GENERAL FD PRO REGISTRATION F *> $60.00* 179013 07/21/97 $51.72 Working Smart Magazine subscription 37667250 GRILL GENERAL SUPPLI 7527 < *> $51.72* , 179014 07/21/97 $184.85 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62578 YORK SELLING CST OF GD WINE 07/21/97 $408.64 WORLD CLASS WINES INC COST OF -GOODS SOLD WI 62764 VERNON SELLING CST OF GD WINE 07/21/97 $324.00 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62765 50TH ST SELLIN.CST OF GD WINE 07/21/97 $239 .-00 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62766 YORK SELLING CST OF GD WINE 07/21/97 $532.68 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62900 50TH ST SELLIN CST OF GD WINE 07/21/97 $643.68 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62902 VERNON SELLING CST OF GD WINE 07/21/97 $1,602.70 WORLD CLASS WINES INC COST OF GOODS SOLD WI 62903 YORK SELLING CST OF GD WINE < *> $3,935.55* 179015 07/21/97 $100.00 WROBLESKI, HENRY Police service 072197 RESERVE PROGRA PERS SERVICES < *> $100.00* 179016 07/21/97 $838.25 XEROX CORPORATION Miant 57565088 CENT SVC GENER EQUIP RENTAL < *> $838.25* 179017 07/21/97 $150.78 ZEE MEDICAL SERVICE Medical supplies 54060024 ARENA ADMINIST SAFETY EQUIPME < *> $150.78* 179018 07/21/97 $227.52 ZIEGLER INC Seal /Valve PC000426 EQUIPMENT OPER REPAIR PARTS 6949 < *> $227.52* $1,844,964.90* 4 11 COUNCI 3CK SUMMARY WED, JUL 16, 1997, 8:41 PM page ------------------------------------------------------------------------------------------------------------------------------------ FUND # 10 GENERAL FUND $288,101.43 FUND # it COMMUNITY DEVELP. BLOCK GR $2,842.00 FUND # 12 COMMUNICATIONS $23,144.13 FUND # 15 WORKING CAPITAL $14,671.33 FUND # 23 ART CENTER $8,314.61 FUND # 26 SWIMMING POOL FUND $11,544.08 FUND # 27 GOLF COURSE FUND $73,208.57 FUND # 28 ICE ARENA FUND $10,039.02 FUND # 29 GUN RANGE FUND $468.91 FUND # 30 EDINBOROUGH /CENTENNIAL LAK $15,055.96 FUND # 40 UTILITY FUND $274,568.93 FUND # 41 STORM SEWER UTILITY FUND $24,257.02 FUND # 42 RECYCLING PROGRAM $42,082.89 FUND # 50 LIQUOR DISPENSARY FUND $199,265.80 FUND # 60 CONSTRUCTION FUND $277,751.67 FUND # 61 PARK BOND FUND $578,725.55 FUND # 73 I -494 COMMISSION $923.00 $1,844,964.90*