EDA Agenda 05-11-2016AGENDA
REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Wednesday, May 11, 2016 — 6:00 p.m.
Mississippi Room, Monticello Community Center
Commissioners: President Bill Demeules, Vice President Bill Tapper, Treasurer Steve
Johnson, Tracy Hinz, James Davidson, and Council members Tom Perrault and Lloyd Hilgart
Staff: Jeff O'Neill, Angela Schumann, EDA Executive Director Jim Thares, Wayne Oberg
1. Call to Order
2. Roll Call
3. Approve Meeting Minutes:
a. Special Meeting — March 9th, 2016 (to be provided)
b. Regular Meeting — March 9th, 2016 (to be provided)
c. Special Meeting — April 13th, 2016 (to be provided)
d. Regular Meeting — April 13th, 2016 (to be provided)
e. Special Meeting — April 18th, 2016 (to be provided)
4. Consideration of additional agenda items
5. Consideration of approving payment of bills
6. Consideration of a review for comment on the Declaration of Covenants for Otter Creek
Crossing and Otter Creek Crossing Third Addition.
7. Public Hearing — Consideration to adopt Resolution EDA- 2016 -003 approving a purchase
and development agreement between the Monticello Economic Development Authority
and Clear Creek Land Company, LLC for Outlot A, Otter Creek Crossing First Addition
and Outlot C, Otter Creek Crossing Third Addition.
8. Consideration to direct preparation of an Amendment to the Contract for Private
Development between Masters 5th Avenue and the Monticello EDA and modification of
Tan Increment Financing Plan for Tax Increment Financing District 1 -35
9. Consideration of approving a 2016 Farm Lease Agreement for Outlot F, Otter Creek
Crossing.
10. Consideration of discussion regarding protective covenants for Outlots E and F, Otter
Creek Crossing.
11. Consideration of Director's Report
12. Consideration of recessing to closed session to develop or consider offers or
counteroffers for the purchase or sale of real of personal property pursuant to Minnesota
Statute 13D.05, Subdivision 3(c)(3)
13. Adjourn closed session
14. Adj ourn
EDA Agenda: 5/11/16
5. Consideration of approving payment of bills (WO)
A. REFERENCE AND BACKGROUND:
Accounts Payable summary statements listing bills submitted during the previous
month are included for review.
B. ALTERNATIVE ACTIONS:
1. Motion to approve payment of bills through April 2016.
2. Motion to approve payment of bills through April 2016 with changes as
directed by the EDA.
C. STAFF RECOMMENDATION:
Staff recommends Alternative 91.
D. SUPPORTING DATA:
Accounts Payable Summary Statements
User:
Printed:04/06/2016 - 3:04PM
Debbie.Davidson
Transactions by Account
Batch:00202.04.2016
Accounts Payable
Account Number Vendor AmountGL DateDescription Check No PO No
213-46301-431990 WSB & ASSOCIATES INC BLK034 - Fred's Auto ARM Survey - Feb 2016 0 1,675.7504/12/2016
213-46301-431990 WSB & ASSOCIATES INC Economic Development & Market Matching Phase 3 - Feb 2016 0 4,000.0004/12/2016
Vendor Subtotal for Dept:46301 5,675.75
213-46301-431990 HARRY LANTTO EDA Meeting Recording 3/9/16 0 60.0004/12/2016
Vendor Subtotal for Dept:46301 60.00
Subtotal for Fund: 213 5,735.75
Report Total: 5,735.75
AP-Transactions by Account (04/06/2016 - 3:04 PM)Page 1
The preceding list of bills payable was reviewed and approved for payment.
Date: 5/11/16 Approved by ________________________________________
Steve Johnson - Treasurer
User:
Printed:04/20/2016 - 12:32PM
Julie.Cheney
Transactions byAccount
Batch:00203.04.2016
Accounts Payable
Account Number Vendor AmountGL DateDescription Check No PO No
213-46301-430400 CAMPBELLKNUTSON PA March 2016 - EDA 0 75.0004/26/2016
Vendor Subtotal for Dept:46301 75.00
213-46301-430400 KENNEDYAND GRAVEN CHARTEREDGeneral EDALegal Matters Through 2/29/16 115709 609.8104/26/2016
213-46301-430400 KENNEDYAND GRAVEN CHARTEREDGeneral Legal Matters Through 3/31/16 115709 57.0004/26/2016
Vendor Subtotal for Dept:46301 666.81
213-46301-431990 NORTHLAND SECURITIES INC EDA- Manufacturing Expansion Project 115717 510.0004/26/2016
Vendor Subtotal for Dept:46301 510.00
213-46535-430400 KENNEDYAND GRAVEN CHARTEREDTIF 1-35 General Legal Matters Through 3/31/16 115709 380.0004/26/2016
Vendor Subtotal for Dept:46535 380.00
Subtotal for Fund: 213 1,631.81
Report Total:1,631.81
AP-Transactions byAccount (04/20/2016 - 12:32 PM)Page 1
The preceding list of bills payable was reviewed and approved for payment.
Date: 5/11/16 Approved by _______________________________________
Steve Johnson - Treasurer
1
Ju lie Cheney
Fro m:Jeff O'Neill
Sent:Tuesday, April 19, 2016 8:01 AM
To :Julie Cheney
Su b jec t:RE: Kennedy Graven Inv# MN190-00101 $685.81
Good to go
Jeff O’Neill
City Administrator
Monticello, MN
763-271-3215
Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government
Data Practices Act and may be disclosed to third parties.
From:Julie Che ne y
Sent:M ond ay,April1 8,201 6 9:03 AM
To:Je ff O'Ne ill
Subject:FW: Ke nne d y Grave nInv#M N1 90-001 01 $685.81
Jeff,
Looking for approval to include in our AP check run Wednesday.
Thanks!
Julie
From:Angela Schumann
Sent:Friday, April 8, 2016 8:36 AM
To:Julie Cheney <Julie.Cheney@ci.monticello.mn.us>; Jeff O'Neill <Jeff.Oneill@ci.monticello.mn.us>
Subject:RE: Kennedy Graven Inv# MN190-00101 $685.81
OK to pay pending JO’s authorization.
Code all to 213-46301-430400, except for the 2/9/16 amount of $76.00, which should be coded to 101-41910-430400.
I will also find out why we are charged for conference calling. We have a free option here.
Angela Schumann, AICP
Community Development Director
City of Monticello
www.ci.monticello.mn.us
763-271-3224
Email correspondence to and from the City of Monticello government office is subject to the Minnesota Government
Data Practices Act and may be disclosed to third parties .
2
From:Julie Cheney
Sent:Thursday, April 7, 2016 1:09 PM
To:Angela Schumann <Angela.Schumann@ci.monticello.mn.us>
Subject:Kennedy Graven Inv# MN190-00101 $685.81
Angela
Attached is Inv# MN190-00101 for February. Okay to pay $685.81?
Please provide coding.
Thanks!
Julie Cheney
Finance Assistant
City of Monticello
763-271-3205
Julie.Cheney@ci.monticello.mn.us
Email correspondence to and from the City of Monticello government offices is subject to the
Minnesota Government Data Practices Act and may be disclosed to third parties.
1
Ju lie Cheney
Fro m:Jeff O'Neill
Sent:Tuesday, April 19, 2016 8:01 AM
To :Julie Cheney
Su b jec t:RE: Northland Securities Inv# 4449 $510.00
Good to go
Jeff O’Neill
City Administrator
Monticello, MN
763-271-3215
Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government
Data Practices Act and may be disclosed to third parties.
From:Julie Che ne y
Sent:M ond ay,April1 8,201 6 9:04 AM
To:Je ff O'Ne ill
Subject:FW: Northland Se curitie s Inv#4449$51 0.00
Jeff
Here’s one more needing approval to be included in the AP batch Wednesday.
Thanks,
Julie
From:Angela Schumann
Sent:Friday, April 8, 2016 8:37 AM
To:Julie Cheney <Julie.Cheney@ci.monticello.mn.us>; Jeff O'Neill <Jeff.Oneill@ci.monticello.mn.us>
Subject:RE: Northland Securities Inv# 4449 $510.00
OK to pay, pending JO’s authorization. Code to 213-46301-431990.
Angela Schumann, AICP
Community Development Director
City of Monticello
www.ci.monticello.mn.us
763-271-3224
Email correspondence to and from the City of Monticello government office is subject to the Minnesota Government
Data Practices Act and may be disclosed to third parties .
From:Julie Cheney
Sent:Thursday, April 7, 2016 1:10 PM
2
To:Angela Schumann <Angela.Schumann@ci.monticello.mn.us>
Subject:Northland Securities Inv# 4449 $510.00
Angela
Attached is Northland Securities Inv# 4449. Okay to pay $510.00?
Please provide coding.
Thanks,
Julie Cheney
Finance Assistant
City of Monticello
763-271-3205
Julie.Cheney@ci.monticello.mn.us
Email correspondence to and from the City of Monticello government offices is subject to the
Minnesota Government Data Practices Act and may be disclosed to third parties.
User:
Printed:04/14/2016 - 10:31AM
Julie.Cheney
Transactions byAccount
Batch:00201.04.2016
Accounts Payable
Account Number Vendor AmountGL DateDescription Check No PO No
213-46500-443990 US BANK CORPORATE PMT SYSTEMDomino’s Pizza - Dinner for EDAMeeting 0 38.1304/26/2016
Vendor Subtotal for Dept:46500 38.13
Subtotal for Fund: 213 38.13
Report Total:38.13
AP-Transactions byAccount (04/14/2016 - 10:31 AM)Page 1
The preceding list of bills payable was reviewed and approved for payment.
Date: 5/11/16 Approved by ________________________________________
Steve Johnson- Treasurer
User:
Printed:05 /02/2016 - 11:30AM
Debbie.Davidson
Transactions byAccount
Batch:00215 .04.2016
Accounts Payable
Account Number Vendor AmountGL DateDescription Check No PO No
213-465 22-438100 XCELENERGY ZCULPS5 1-0623082-8 0 18.0304/30/2016
V endor Subtotal for Dept:465 22 18.03
Subtotal for Fund: 213 18.03
Report Total:18.03
AP-Transactions byAccount (05 /02/2016 - 11:30 AM)Page 1
The preceding list of bills payable was reviewed and approved for payment.
Date: 5/11/16 Approved by ________________________________________
Steve Johnson - Treasurer
EDA Agenda — 05/11/16
6. Consideration of a review for comment on the Declaration of Covenants for Otter
Creek Crossing and Otter Creek Crossing Third Addition. (AS)
A. REFERENCE AND BACKGROUND:
The EDA is asked to consider providing an existing property owner in Otter Creek Third
Addition with preliminary feedback relative to a potential amendment to the covenant
document for Otter Creek Third Addition.
The property owner is considering an expansion project which would involve the
acquisition of Outlot C, Otter Creek Third Addition, to which the covenant documents
apply. The preliminary design for the proposed expansion illustrates loading docks
facing Dalton Way on Outlot C. The covenants currently do not allow for loading docks
to face Dalton Avenue or Dalton Way.
In discussing the site plan with the proposed project's developer, the loading docks are
proposed in this orientation to facilitate an additional future building expansion, and to
provide for the best internal building flow for safety and circulation. The loading dock
area is not immediately adjacent to Dalton Way, and is proposed to be buffered from
Dalton Way by a storm water detention/infiltration pond and landscaping elements.
Given the proposed plan, the developer is seeking the EDA's feedback on a potential
amendment to the covenants to allow the loading docks to face Dalton Way. The
covenant states that the declaration may be amended by written instrument by the owners
of 80% of the lots. Ownership of the lots in the Third Addition at this time includes the
City of Monticello and WRE Properties, LLC. It appears that there are six lots subject to
the covenants.
This item is for preliminary feedback only. To proceed, a formal instrument will need to
be prepared, and the property owners of the lots within the property will be required to
consider the instrument to move any potential amendment forward.
B. ALTERNATIVE ACTIONS:
No formal action required.
C. STAFF RECOMNIENDATION:
None at this time.
D. SUPPORTING DATA:
A. Declaration of Protective Covenants, Conditions, and Protections for Otter Creek
Crossing Yd Addition
B. Plat of Otter Creek Crossing Third Addition
C. Preliminary Site Plan
.,
IM61—
Doc. No. A 1042017
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
02 -05 -2007 at 02:00
Check #: Fee: $ 46.00
Payment Code 04
Addl. Fee
Larry A. Unger, County Recorder
(Reserved for Recording Information)
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, AND PROTECTIONS FOR
OTTER CREEK CROSSING 3RD ADDITION
THIS DECLARATION is made by the CITY OF MONTICELLO, a
Minnesota municipal corporation ( "Declarant ").
WHEREAS, Declarant is the fee owner of real property in the City of Monticello,
Wright County, Minnesota, legally described as Lot 2, Block 1, Outlots A, B, C, D, and
E, Otter Creek Crossing 3rd Addition ( "the Property'), and
WHEREAS, Declarant has granted the Housing and Redevelopment Authority
(hereinafter referred to "HRA ") the authority to administer these protective covenants;
and
WHEREAS, Declarant desires to establish covenants, conditions, and protections
which will benefit the Property for the purpose of facilitating development of the
Property and for the purpose of protecting and preserving the value and desirability of the
Property; and
WHEREAS, all Property Owners are advised that they will be expected to abide
by the protective covenants hereby established by Declarant. These standards are
intended to assure the integrity of the Property and protect property values and adjoining
property uses.
THEREFORE, BE IT RESOLVED THAT, the Declarant declares that the
Property, shall be used, occupied, and conveyed subject to the covenants, conditions, and
protections set forth in this Declaration, all of which shall be binding on all persons
127863
Return to:
City of Monticello
Attn: 011ie Koropchak
505 Walnut Street Suite
Monticello MN 55362
owning or acquiring any right, title or interest in the Property and their heirs, personal
representatives, successors and assigns.
1. DEFINITIONS:
127863
SECTION 1
1.1 "Declarant" shall mean the City of Monticello.
1.2 "Improvements" shall mean all structures and other construction on a lot or
parcel for use permitted by the zoning ordinances of the City of Monticello,
including, but not limited to, buildings, outbuildings, parking areas, loading
areas, outside platforms and docks, driveways, walkways, fences, Iawns,
landscaping, signs, retain walls, decks, railroad tracks, poles, berms and
swales, and exterior lighting.
1.3 "Lot" shall mean a portion of the Property identified as a lot on a
subdivision plat prepared in accordance with Minnesota Statutes, Chapter
505, and filed for record in the Wright County Recorder's Office.
1.4 "Occupant" shall mean any person, other than an owner, in possession of a
lot or parcel.
1.5 "Owner" for purposes of this Declaration shall be the Declarant and its
successors as recorded fee simple owner of any part of the Property. For
purposes hereof, if any part of the Property is sold under a contract for deed
or leased under a ground lease, the contact for deed purchaser ( "Vendee ")
and/or ground lessee shall be deemed the Owner in lieu of the record fee
simple owner, provided however, that for purposes of amending or
modifying this Declaration, the fee simple title owner and the Vendee
and/or ground lessee, as the case may be, shall jointly all be deemed the
Owner.
1.6 "Person" shall mean a natural individual, corporations, limited liability
company, partnership, trustee, or other legal entity capable of holding title
to real property.
1.7 "Property" shall mean all of the real property submitted to the provisions of
this Declaration, including all improvements located on the real property
now or in the future. The Property as of the date of this Declaration is
legally described as Lot 2, Block 1, Outlots A, B, C, D, and E, Otter Creek
Crossing Yd Addition, Wright County, Minnesota.
2
SECTION 2
2. STANDARDS FOR CONSTRUCTION AND MAINTENANCE
2.1 Minimum Standards
The minimum standards for the construction, alteration, and maintenance of
improvements on the Property shall be those set forth by the City of
Monticello and any other governmental agency which may have
jurisdiction over the Property. All improvements on the Property shall
conform to the then existing building codes in effect for the City of
Monticello and shall be in compliance with all laws, rules and regulations
of any governmental body that may be applicable, including, without
limitation, environmental laws and regulations. Where the following
restrictive covenants are more stringent than the zoning ordinances, other
laws and regulations of the City of Monticello or any other applicable
government agency, the restrictive covenants contained in this Declaration
shall govern and become minimum standards by which the improvements
and maintenance of them shall be controlled.
2.2 Use
No outdoor storage is allowed. On all lots, no owner or occupant shall
store materials, equipment, or items outside of any building. The following
exceptions are not to be considered storage, and may be located outside in
compliance with other applicable regulations:
a. Passenger vehicles and light trucks parked in compliance with the
City of Monticello zoning regulations.
b. Parking of company vehicles, including trucks, vans, and other
similar vehicles, except that semi - tractors and trailers may only be
parked in the side and rear yards.
C. Semi- trailers located in designated loading docks.
d. Trash handling equipment.
2.3 Building Quality and Materials
No building shall utilize metal or steel sidewall building materials with the
exception of architectural panels that do not exceed ten percent (10%) of
the sidewall surface area.
127863 3
2.4 Landscaping Irrigation System
On all lots on which a building is proposed to be constructed, the owner
shall, prior to occupancy of the building, install in- ground landscaping
irrigation between the front building Iine and the public street. This
requirement shall also apply to the side lot areas of corner lots which face a
different street. In the case of rear lot areas that front on a public street, the
owner shall install landscaping irrigation for all landscaped areas within
fifty (50) feet of the public street. The irrigation system shall provide
adequate water to all landscaped areas, including lawns, shrubs, trees,
flower beds, or other similar features. This requirement also applies to the
"boulevard" portion of the public right of way between the owner's
property line and the curb line of the public street.
2.5 General Exterior Maintenance
Each owner and occupant of a lot shall fully and properly maintain and
repair the exterior of any structure located on such lot in such a manner as
to enhance the overall appearance of the Property. The exteriors of all
buildings and the parking, driving, and loading areas shall be kept and
maintained in a good state of repair at all times and be adequately
maintained. All lots shall be kept free of debris of any kind and all
landscaping must be kept in good repair. All landscaped areas shall be
graded to provide proper site drainage. Landscaped areas shall be
maintained in neat condition, lawns mowed, and adequately watered in
summer, hedges trimmed, and leaves rakes.
2.6 Construction
Construction or alteration of any improvement on a lot shall be diligently
pursued and shall not remain in a partly finished condition any longer than
is reasonably necessary for completion of the construction or alteration.
The owner and occupant of any lot upon which improvements are
constructed shall, at all times, keep the lot and streets being utilized by such
owner in connection with such construction, free from dirt, mud, garbage,
trash, or other debris which might be occasioned by such construction or
alteration.
2.7 Noxious Activities
No trades, services, activities, operations, or usage shall be permitted or
maintained, nor shall anything else be done which may be or may become a
nuisance to owners or occupants, or offensive or detrimental to the Property
by reasons of:
a. Unsightliness, or
127863 4
b. The emission of fumes, odors, glare, vibration, gases, radiation, dust,
liquid wastes, smoke or noise or a nature and quantity prohibited by
applicable laws.
2.8 Temporary Structure
Trailers, temporary construction buildings, and the like, shall be permitted
only for construction purposes during the period of construction or
alteration of a permanent building. Such structures shall be placed as
inconspicuously as practical and shall be removed not later than thirty (30)
days after the date of the substantial completion of the building.
2.9 Loading Docks
No loading dock shall face either Dalton Avenue or Dalton Way.
SECTION 3
3. GENERAL TERMS
3.1 Nature and Term
The protective covenants hereinafter set forth shall be considered as
covenants running with the land, to be binding on all persons claiming
under them and run for a period of thirty (30) years from the date of filing
with the Wright County Recorder's Office at which time the protective
covenants shall be automatically renewed for successive periods of ten (10)
years unless, prior to the renewal date, the owners of eighty percent (80 %)
or more of the lots agree in writing that the covenants shall terminate at the
end of that period.
3.2 Amendments
This Declaration may be amended, modified, or terminated by an
instrument in writing, executed by the Owners of eighty percent (80 %) of
the lots. Each lot shall be considered to have one vote. An instrument
executed in accordance with this section shall be effective when filed for
recording with the Wright County Recorder's Office.
3.3 Severability
If any term, covenant or provision of this instrument, or an exhibit attached
to it is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to alter, affect, or impair, in any manner
whatsoever, any other portion of this document or exhibits.
127863 5
SECTION 4
4. COVENANT ADMINISTRATION
4.1 Enforcement
The Declarant, HRA and the owner of any lot shall each, either acting
separately or in common, have the authority to bring action for specific
performance or injunctive relief to enforce any protective covenant
contained herein.
4.2 Adoption
These Protective Covenants become effective upon their execution and
recording by the Declarant.
CITY OF MONTICELLO
r A ` '� By: r�/A' .
Clint Herbst, Mayor
By: /L�
'Neill, City Administrator
STATE OF MINNESOTA )
)SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 23rd day of
October , 2006, by Clint Herbst and Jeff O'Neill, the Mayor and City Administrator,
respectively, of the City of Monticello, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
THIS INSTRUMENT DRAFTED Bv:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS /cjh
Notary Public
[SAWN M, GROSSINGER
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
127863 6 104201'
FICIHL PL
OTTER CR��1YCRO .�S'.�S'ING31Pl>fll>I�ITION
KNOWALL MENBYTHESEPRESENTS. That the CiryafMonOCe //a, a Minnesota Municipal
Corp— b-,,f eeoxnerof# efolAwingdescdbedpmpftysdmiedin Ore CoumyofWngh1 ,5Yateof
/ berebycetiythatlharesurveyadandp ltAgdMepropedydesenbedw 8ispialas OTTER CREEK
PLANN/NG COMMMSUN
Minnesota 0 colt
CROSS /NG3RDADD /T /ON, MafOtis puts a m�dmpmsen66an ofsaidwney, Oral
atdiat. —are ca -Wys"n in feet andhuW—Ws ofa foot Mafa / /monuments ha. been cofrecOy
7hsp/alofOTTERCREEKCROSS /NG3RDADD 177ON waa pPmvadbyld Pkmrmg Commss=offt
p/aoedin thegmundas shown orwfi /bep/acadas Wu/radby Ois kra /gVe Mnfafun#,, that the
CifyafMonticv //a, Mimresofa atafegu/ar
onside boundarylines am cronectydesgnatedon saidp/ afaMOrallfaere arc lw wel/afMsas deArred
- aairghefdMSIS} dayol NOVe�w6tr. 200
A//ofOtMOTB, OTTER CREEKCROSSING, acowWng to saidp/at on Ole and ofrecord in the
by MS 505.02, Subd f orpuM/c hghways to be desk tedaOlerfhan asshown.
office ofthe CountyRecmde, Wright County Minnesota.
BJ' Chairman
Andaso:
Y'.
Steven V. tsdie, LandSarvoysr
7hat pad ofOU7LOTE, OTTER CREEKCROSS/NG, aanNing to said plat on Ole andofrcrirdin
Minnesota License No 22703
Ore o/fxa ofthe CountyRecoNer, Wright County, Minnesota, descnbadas fo /lows: Beginning at the
C17YCOUNC /L
most easterly comerof a Bl 1, ack 1, OTTER CREEKCROSS/NG 1STADD177ON, a—drg to said
plat on file and ofm=dm the of5 ofthe CountyRewrder, Wright County, M/ le,, thence
STATE OFM /N (ES 0rA
Pas P& of0TTER CREEK CROSSING 3RD ADD /TION was �adands ptedbyft C�Oy Coumv /of
South4ldegnees02minutesl7secnnds West,assumedbeadgga/ong Ores to eakvfy /imofsaid
COUN7Y0F4hpAu0 C
the CdyofMontoa//o, Minnesota at a Wille,meaft =-- M,,- yof
Lot f, 434.31 feet thence South 40 degmes 53minutes f6secon ds East 507.03fee4- thence North
41 degmes 02 minutes 17—nds East, 434.31 feet to Ilia northeastedy/ine ofsaid OUTLOTE;
thence North 40 degmes 53 minutes f6secnrrds West, along saidnoftheas ta*19ire, 50703feet to
The &Wmng Surveyor's Caf foafe was ackroakdgodbefofa me
this t0 day f fttnbCY , 200&,bySfeven V. /sdhe,Land
BY., t/L-/- BY,
the point ofbeg/nning
Surveyor, Minnesota License No. 22703.
Cant Herbst Mayor Rick Wofate//er CiyAd ' &&star
Andalso:
77at part ofOU7LOTE, OTTER CREEK CROSSING, - coming to said prat on file and ofmoodin
Me ofrcn ofOie CountyRecorde, Wright County, Minnesota, despfbedas fof/aws: Beg/nningat the
most so Y-tvcnmerorOutbtA, OTTER CREEK CROSSING 1STADDIT /ON, acconfirg to sadp/ t
on ft and oftecmdin the ofice ofthe CountyRecome, Wrgh1 County, Minnesota; thence South 41
degnaas 02 minutes 17 seconds Wesf assumedbeadrg ahoy the southwe916*exten0on ofthe
southeastedyline ofsafd Ov9WA, 512.69 feet to the west tithe ofsaid OUR 0T E; thence North 00
degrees 49 minutes 08 seconds Wesf akug said west tine, 68683 feet to the southwest-IYMe of
sad OUTLOTA, thence South 49degmes 07runates 40 seconds East, along mid southwestedytm,
458.31 feet to the point ofbag /nang.
Andaso
77a1 pad ofOU7LOTC, OTTER CREEKCROSSING2NDADVI7l0N, an—dirgto said plat on Ole
ardof- -din the oifi of&.0 nntyRaawde, Wrght County Minnesota,OL—Atedes W-
Beginning at the most westedycomarofsaidOUTLOTC, thence Nodh 38 degrees 32 minutes 17
seconds East aswmedbesmgalong the nodhwesAs*12ne ofsaid OU77 OTC, 24471aet! hence
South 42dL%; a 30m/nutes 10sacnnds East, 135.91 feet to the souff w tedYline ofsa/dOU7LOT
C, grence North 52degfees 47mmutes 5f seconds West aongsa d—ffiwasiedy /ire, 13528 feet
to the pant ofhcginnng
Has caused the same to be su— y.dand p/atfedas OTTER CREEK CROSSING 3RD ADD /TIONand
does hembydonate, anddadaate to the public forpub //c use fae per the t moughfares, w /de sac's
and the oasemens as shown on Otis plat for d. -Ile and ut /iYy p Moses any
In w/bhess whereof, wdCAyofMOnbae/1o, a Minnesota Mumaina/ Caryoraton
has caused these prawns to be sgnedbyits pmperoffl r
the 1 b'0ti dayof0t+0kY, 2006. %J f
BY.'
lint Herbst, ay- Rick Wasta /e,, C' Adm/nsbahlr
STATEOFM/NNESOM
COUNTYOF �afNAq�A
The famgoirginsbumam was aaknow /edgedbefore me Missy oayof C)cAdncY, 2001a by C/nt
Hl bst, Mayo, aWR/ct WO&talfe, CityAdminsfmto, offhe C/tyofMOnbceto, a Minnesota Minrdpa/
Cogionnon on! hatoftha jo —fion
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DEANDA MAIM 'N
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COtfNTYSURVEYOR
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COUNTYAUD ?OR
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ERWMER
Bevera e
Site Plan
Scale: -r.lw-(Y
EDA Agenda: 5/11/16
7. Public Hearing - Consideration of adopting Resolution No. EDA- 2016 -003, a
resolution approving a Purchase and Development Contract with Clear Creek Land
Company, LLC (Dahlheimer Beverage, LLC) for the acquisition and development of
6.2 -acres +/- of land in Otter Creek Industrial Park; two parcels described as Outlot
A, Otter Creek Crossing 1St Addition, Wright County, Minnesota and Outlot C, Otter
Creek Crossing 3rd Addition, Wright County, Minnesota. (JT /AS)
A. REFERENCE AND BACKGROUND:
Dahlheimer Beverage, LLC /Clear Creek Land Company, LLC is seeking an additional
6.2 -acre +/- tract of land immediately adjacent to its current property in Otter Creek
Industrial Park to allow it to expand its operations. The proposed project will expand the
Dahlheimer facility in Otter Creek Industrial Park by 97,217 sq. ft. and further position
the company for future growth at this site as well. The number of FTE jobs created
through this expansion is expected to total 5 additional staff in the near term.
Key Terms of the Agreement are:
1. Sale Price of $2.41 per sq. ft.
2. Total land area is 269,566 sq. ft. + / -; equates to a sale price of $649,654
3. Trunk charges and platting not included; to be paid by the developer
4. Closing date of June 30, 2016; flexibility clause allows a later close later if
needed
5. Construction start date of July 1, 2016; completion date of July 1, 2017
In related actions, the City Council has authorized conveyance of the parcels from the
City to the EDA, contingent upon the execution of purchase contract and sale of the
property to Clear Creek Land, LLC. The Planning Commission adopted a resolution on
May 3, 2016 finding the proposed conveyance is in conformance with the
Comprehensive Plan. Resolutions for both actions are attached for reference.
The EDA will note that the proposed development as illustrated in the site plan will also
require separate land use actions through the Planning Commission and City Council.
Al. Staff Impact: The Community Development staff is involved in processing the
purchase and development application materials as well as presentation for
consideration by the EDA, Planning Commission and City Council. The EDA's
legal counsel has been and will continue to assist and support staff in the land
transaction process.
A2. Budget Impact: The costs for preparation of the purchase and development
contract are assigned to the EDA and are estimated at $5,000 to $10,000. This
amount will be covered by the EDA Miscellaneous Professional Services line item.
The buyer and seller will share the closing costs.
C.
W
ALTERNATIVE ACTIONS:
Motion to adopt Resolution No. EDA- 2016 -003 approving a Purchase and
Development Contract between the City of Monticello Economic Development
Authority and Clear Creek Land Company, LLC and the conveyance of land in
connection with the Contract.
2. Motion to deny the adoption of Resolution No. EDA- 2016 -003 approving a
Purchase and Development Contract between the City of Monticello Economic
Development Authority and Clear Creek Land Company, LLC and the conveyance
of land in connection with the Contract.
STAFF RECOMMENDATION:
Staff recommends approval of the Purchase and Development Contract between the City
of Monticello Economic Development Authority and Clear Creek Land Company, LLC
and the conveyance of a 6.20 -acre +/- tract of land (two parcels) in Otter Creek Industrial
Park. The proposed land sale is consistent with the goals of the EDA in which it desires to
sell land intended for industrial development as well as employment and tax base growth.
The Dahlheimer expansion fits with those stated goals.
D. SUPPORTING DATA:
A. Resolution No. EDA- 2016 -003
B. Purchase and Development Agreement
C. Monticello Comprehensive Plan, Excerpt
D. Subject Property Aerial
E. Proposed Site Plan
F. Plat Illustrations; Otter Creek Crossings 1St
Yd Addition
Addition and Otter Creek Crossings
G. Resolution, City Council No. 2016 -027
H. Resolution, Planning Commission No. PC- 2016 -016
CITY OF MONTICELLO
WRIGHT COUNTY, MINNNESOTA
ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. EDA- 2015 -003
RESOLUTION APPROVING A PURCHASE AND DEVELOPMENT CONTRACT
BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY AND CLEAR CREEK LAND COMPANY, LLC AND
THE CONVEYANCE OF LAND IN CONNECTION WITH THE CONTRACT
BE IT RESOLVED by the Board of Commissioners (`Board ") of the City of Monticello
Economic Development Authority ( "Authority ") as follows:
Section 1. Recitals.
1.01. The Authority currently administers Central Monticello Development Project No.
1 (the "Project "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended.
1.02. To facilitate Development of certain property in the Project, the Authority
proposes to enter into a Purchase and Development Contract (the "Contract ") between the
Authority and Clear Creek Land Company, LLC (the "Developer "), under which among other
things the City will convey to the Authority, and the Authority will reconvey to Developer,
certain property described as Outlot A, Otter Creek Crossing 1St Addition and Outlot C, Otter
Creek Crossing Yd Addition, Wright County, Minnesota (the "Development Property ").
1.03. On May 3, 2016, the planning commission of the City determined by resolution
that conveyance of the Development Property by the City to the Authority for reconveyance to
the Developer complies with the City's comprehensive plan.
1.04. The Authority has on this date conducted a duly noticed public hearing regarding
the sale of the Development Property to Developer, at which all interested persons were given an
opportunity to be heard.
1.05. The Authority finds and determines that conveyance by the Authority of the
Development Property to the Developer is for a public purpose and is in the public interest
because it will further the development objectives of the Project.
Section 2. Contract Approved, Further Proceedings.
2.01. The Board approves the Contract as presented to the Board, including the
provisions for the conveyance of the Development Property therein, subject to modifications that
do not alter the substance of the transaction and that are approved by the President and Executive
Director, provided that execution of the Contract by those officials shall be conclusive evidence
of their approval.
2.02. Authority staff and officials are authorized to take all actions necessary to perform
the Authority's obligations under the Contract as a whole, including without limitation execution
479193v1 MNIMN325 -30
of any deed or other documents necessary to convey the Development Property to Developer.
Approved by the Board of Commissioners of the City of Monticello Economic
Development Authority this 11th day of May, 2016.
President
ATTEST:
Secretary
479193v1 MNIMN325 -30 2
Second draft, May 5, 2016
PURCHASE AND DEVELOPMENT CONTRACT
By and Between
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
and
CLEAR CREEK LAND COMPANY, LLC
Dated as of: , 2016
This document was drafted by:
KENNEDY & GRAVEN, Chartered (MNI)
470 US Bank Plaza
Minneapolis, Minnesota 55402
Telephone: 612-337-9300
478087v2 MNI MN325 -30
TABLE OF CONTENTS
Paeue
PREAMBLE............................................................................................... ..............................1
ARTICLE I
Section1.1. Definitions ............................................................................. ..............................2
ARTICLE II
Representations and Warranties
Section 2.1.
Representations by the Authority ......................................... ...............................
4
Section 2.2.
Representations and Warranties by Developer ..................... ..............................4
ARTICLE III
Conveyance of Property
Section 3.1.
Status of the Property ........................................................... ...............................
6
Section3.2.
Purchase Price ...................................................................... ...............................
6
Section 3.3.
Conditions of Conveyance .................................................... ..............................6
Section 3.4.
Place of Document Execution, Delivery and Recording ..... ...............................
6
Section3.5.
Title ...................................................................................... ...............................
7
Section 3.6.
Soil, Environmental Conditions ........................................... ...............................
8
Section 3.7.
No Business Subsidy ............................................................ ...............................
8
Section 3.8.
Payment of Administrative Costs ........................................ ...............................
8
ARTICLE IV
Construction of Minimum Improvements
Section 4.1.
Construction of Minimum Improvements ........................... ...............................
9
Section4.2.
Construction Plans ............................................................... ...............................
9
Section 4.3.
Commencement and Completion of Construction ............... .............................10
Section 4.4.
Certificate of Completion .................................................... .............................10
ARTICLE V
Insurance
Section5.1. Insurance ............................................................................ ............................... 12
ARTICLE VI
Delinquent Taxes and Review of Taxes
[Intentionally omitted] .................................................................................. ............................... 14
478087v2 MNI MN325 -30 i
ARTICLE VII
Financing
[Intentionally omitted] .................................................................................. ...............................
15
............................... 22
ARTICLE VIII
Equal Employment Opportunity ........................................
............................... 22
Prohibitions Against Assignment and Transfer, Indemnification
Restrictions on Use ............................................................
Section 8.1.
Representation as to Development ..................................... ...............................
16
Section 8.2.
Prohibition Against Transfer of Property and
Titles of Articles and Sections ...........................................
............................... 22
Assignment of Agreement ................................................. ...............................
16
Section 8.3.
Release and Indemnification Covenants ............................ ...............................
17
............................... 23
ARTICLE IX
Recording .............................................................................
.............................23
Events of Default
Amendment ..........................................................................
Section 9.1.
Events of Default Defined ................................................. ...............................
19
Section 9.2.
Remedies on Default .......................................................... ...............................
19
Section 9.3.
Revesting Title in Authority Upon Happening of Event Subsequent to
Choice of Law and Venue ..................................................
............................... 23
Conveyance to Developer .................................................. ...............................
19
Section 9.4.
Resale of Reacquired Property; Disposition of Proceeds .. ...............................
20
Section 9.5.
No Remedy Exclusive ........................................................ ...............................
21
Section 9.6.
No Additional Waiver Implied by One Waiver ................. ...............................
21
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives
478087v2 MNI MN325 -30 ii
Not Individually Liable ......................................................
............................... 22
Section 10.2.
Equal Employment Opportunity ........................................
............................... 22
Section 10.3.
Restrictions on Use ............................................................
............................... 22
Section 10.4.
Provisions Not Merged With Deed ....................................
............................... 22
Section 10.5.
Titles of Articles and Sections ...........................................
............................... 22
Section 10.6.
Notices and Demands ........................................................
............................... 22
Section10.7.
Counterparts .......................................................................
............................... 23
Section10.8.
Recording .............................................................................
.............................23
Section10.9
Amendment ..........................................................................
.............................23
Section 10.10
Authority Approvals ..........................................................
............................... 23
Section 10.11
Termination ..........................................................................
.............................23
Section 10.12
Choice of Law and Venue ..................................................
............................... 23
Section10.13.
Good Faith .........................................................................
............................... 23
TESTIMONIUM............................................................................................
.............................24
SIGNATURES............................................................................................
..........................24 -25
SCHEDULE A
Development Property
SCHEDULE B
Form of Quit Claim Deed
SCHEDULE C
Site Plan
SCHEDULED
Certificate of Completion
478087v2 MNI MN325 -30 ii
PURCHASE AND DEVELOPMENT CONTRACT
THIS AGREEMENT, made on or as of the day of May, 2016, by and between CITY
OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and
politic and political subdivision of the State of Minnesota (the "Authority "); and CLEAR
CREEK LAND COMPANY, LLC, a Minnesota limited liability company ( "Developer ").
WITNESSETH:
WHEREAS, the Authority was created pursuant to Minnesota Statutes, Sections 469.090
to 469.1081 (the "Act ") and was authorized to transact business and exercise its powers by a
resolution of the City Council of the City of Monticello (the "City "); and
WHEREAS, the Authority has undertaken a program to promote economic development
and job opportunities and to promote the redevelopment of land which is underutilized within the
City, and in this connection created a redevelopment project known as the Central Monticello
Redevelopment Project No. 1 ( "Redevelopment Project ") pursuant to Minnesota Statutes,
Sections 469.001 to 469.047 (the "HRA Act "); and
WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire
real property, or interests therein, and to undertake certain activities to facilitate the development
of real property by private enterprise; and
WHEREAS, the City owns certain property described in Schedule A within the
Redevelopment Project (the "Development Property"), and intends to convey the Development
Property to the Authority, which intends to convey the Development Property to the Developer
for development of certain improvements thereon described herein; and
WHEREAS, the Authority believes that the development of the Development Property
pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best
interests of the City and the health, safety, morals, and welfare of its residents, and in accord
with the public purposes and provisions of the applicable State and local laws and requirements
under which the Project has been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
478087v2 MNI MN325 -30
ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means the Economic Development Authority Act, Minnesota Statutes, Sections
469.090 to 469.108, as amended.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Authority" means the City of Monticello Economic Development Authority, or any
successor or assign.
"Authority Representative" means the Executive Director of the Authority, or any person
designated by the Executive Director to act as the Authority Representative for the purposes of
this Agreement.
"Business Subsidy Act" means Minnesota Statutes, Sections 116J.993 to 116J.995, as
amended.
"Certificate of Completion" means the certification provided to Developer, or the
purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this
Agreement.
"City" means the City of Monticello, Minnesota.
"Closing" has the meaning provided in Section 3.3(b).
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by Developer on the Development Property which (a)
shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the appropriate officials of the City, and (b) shall include at least the following: (1)
site plan; (2) landscape plan; and (3) such other plans or supplements to the foregoing plans as
the Authority may reasonably request to allow it to ascertain the nature and quality of the
proposed construction work.
"County" means the County of Wright, Minnesota.
"Developer" means Clear Creek Land Company, LLC or its permitted successors and
assigns.
478087v2 MNI MN325 -30 2
hereto.
"Development Property" means the real property so described in Schedule A attached
"Event of Default" means an action by Developer listed in Article IX of this Agreement.
"Holder" means the owner of a Mortgage.
"Minimum Improvements" means the construction on the Development Property of a
beverage distribution facility expansion of approximately 80,000 to 100,000 square feet.
"Mortgage" means any mortgage made by the Developer which is secured, in whole or in
part, with the Development Property and which is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
"State" means the State of Minnesota.
"Redevelopment Project" means the Authority's Redevelopment Project No. 1.
"Tan Official" means any County assessor; County auditor; County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the
tax court of the State, or the State Supreme Court.
"Termination Date" means the earlier of the date of completion by the Developer of the
Minimum Improvements or the date of termination of this Agreement as a result of an Event of
Default.
"Unavoidable Delays" means unexpected delays which are the direct result of: (i) adverse
weather conditions, (ii) shortages of materials, (iii) strikes, other labor troubles, (iv) fire or other
casualty to the Minimum Improvements, (v) litigation commenced by third parties which, by
injunction or other judicial action, directly results in delays, (vi) acts of any federal or state
governmental unit, including legislative and administrative acts, (vii) approved changes to the
Construction Plans that result in delays (viii) delays caused by the discovery of any adverse
environmental condition on or within the Development Property to the extent reasonably
necessary to comply with federal and state environmental laws, regulations, orders or
agreements, (ix) delay in the issuance of any license or permit by any governmental entity,
provided application therefor is timely made and diligently pursued by Developer and (x) any
other cause or force maj eure beyond the control of Developer which directly results in delays.
478087v2 MNI MN325 -30 3
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. The Authority makes the following
representations as the basis for the undertaking on its part herein contained:
(a) The Authority is an economic development authority duly organized and existing
under the laws of the State. Under the provisions of the Act and the HRA Act, the Authority has
the power to enter into this Agreement and carry out its obligations hereunder.
(b) The activities of the Authority are undertaken to foster the development of certain
real property which for a variety of reasons is presently underutilized, to stimulate the creation of
jobs, and to increase the City's tax base.
(c) The Authority will use its best efforts to facilitate development of the Minimum
Improvements, including but not limited to cooperating with the Developer in obtaining
necessary administrative and land use approvals.
(d) The Authority will convey the Development Property to the Developer, subject to
all the terms and conditions of this Agreement.
Section 2.2. Representations and Warranties by Developer. Developer represents and
warrants that:
(a) Developer is a limited liability company duly formed and in good standing under
the laws of the State of Minnesota, is not in violation of any provisions of its organizational
documents or bylaws or, to the best of its knowledge, the laws of the State, is duly authorized to
transact business within the State, has power to enter into this Agreement and has duly
authorized the execution, delivery and performance of this Agreement by proper action of its
members.
(b) If Developer acquires the Development Property in accordance with this
Agreement, Developer will construct, operate and maintain the Minimum Improvements, or
cause the same to be constructed, operated and maintained, in accordance with the terms of this
Agreement, the Development Plan and all local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public health laws and
regulations).
(c) Developer has received no written notice or communication from any local, state
or federal official that the activities of Developer or the Authority in the Project Area would be
in violation of any environmental law or regulation (other than those notices or communications
of which the Authority is aware). Developer is aware of no facts the existence of which would
cause the Development Property to be in violation of or give any person a valid claim under any
local, state or federal environmental law, regulation or review procedure.
478087v2 MNI MN325 -30 4
(d) Developer will construct, or cause to be constructed, the Minimum Improvements
in accordance with all local, state or federal energy - conservation laws or regulations.
(e) Developer will timely apply for and diligently pursue all required permits,
licenses and approvals, and will meet, in a timely manner, all requirements of all applicable
local, state and federal laws and regulations which must be obtained or met before the Minimum
Improvements may be lawfully constructed.
(f) To the best of Developer's knowledge and belief, neither the execution and
delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the
fulfillment of or compliance with the terms and conditions of this Agreement is prevented,
limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any
partnership or company restriction or any evidences of indebtedness, agreement or instrument of
whatever nature to which Developer is now a party or by which it is bound, or constitutes a
default under any of the foregoing.
478087v2 MNI MN325 -30 5
ARTICLE III
Convevance of Property
Section 3.1. Status of the Property. (a) As of the date of this Agreement, the City owns the
Development Property and agrees to convey title to and possession of the Development Property to
the Authority for reconveyance to the Developer, and Developer agrees to purchase the
Development Property and to construct the Minimum Improvements, subject to all the terms and
conditions of this Agreement.
(b) On or before Closing (as defined in Section 3.3(b) hereof), the Developer shall
prepare and use its best efforts to obtain a plat of the Development Property (the "Development
Plat ") at the Developer's cost and subject to all City ordinances and procedures and otherwise
reasonably acceptable to the Developer. Nothing in this Agreement is intended to limit the City's
authority in reviewing the preliminary plat, or to preclude revisions requested or required by the
City, provided such review and requested or required revisions are consistent with preliminary
approvals by the City.
Section 3.2. Purchase Price. The purchase price to be paid to the Authority by Developer in
exchange for the conveyance of the Development Property shall be $649,654 (the "Purchase
Price "), payable as follows: earnest money of $15,000 shall be deposited in escrow at the offices of
Commercial Partners Title, LLC (the "Title Company ") upon execution of this Agreement. The
Developer agrees to pay by check or wire transfer at Closing (as defined in Section 3.3(b) hereof)
any remaining balance due on the Purchase Price according to the terms of this Agreement. The
Authority and Developer expressly agree and acknowledge that the Purchase Price excludes any
fees required to be paid by the Developer in conjunction with platting, including trunk fees, and also
excludes SAC/WAC charges.
Section 3.3. Conditions of Convey. (a) The Authority shall convey title to and
possession of the Development Property to the Developer at Closing by quit claim deed
substantially in the form set forth on Schedule B to this Agreement (the "Deed "). The Authority's
obligation to convey the Development Property to the Developer, and Developer's obligation to
purchase the Development Property, is subject to satisfaction of the following terms and conditions:
(1) There is no uncured Event of Default under this Agreement.
(2) The City having approved the Development Plat in accordance with Section
3.1(b) and granted all relevant land use approvals under City ordinance and procedures.
(3) The Authority or applicable governing entity having approved the Site Plan
for the Minimum Improvements in accordance with Section 4.1.
(4) The Developer having reviewed and approved (or waived objections to) title
to the Development Property as set forth in Section 3.5 hereof.
478087v2 MNI MN325 -30 6
(5) The Developer having reviewed and approved (or waived objections to) soil
and environmental conditions as set forth in Section 3.6.
Conditions (1), (2), and (3) are for the benefit of both parties, and may be waived by both parties.
Conditions (4) and (5) are solely for the benefit of the Developer, and may be waived by the
Developer.
(b) The closing on conveyance of the Development Property from the Authority to the
Developer ( "Closing ") shall occur upon satisfaction of the conditions specified in this Section, but
no later than June 30, 2016; provided, however, that if all of the foregoing conditions have not been
satisfied or waived on or before June 20, 2016, either the Authority or Developer may thereafter
terminate this Agreement by ten days written notice or may proceed to closing on a later date
mutually agreeable to both parties. If the parties terminate this Agreement, thereafter neither party
shall have any obligations or liability to the other hereunder.
Section 3.4. Place of Document Execution, Delivery and Recording. (a) Unless otherwise
mutually agreed by the Authority and Developer, the execution and delivery of all deeds, documents
and the payment of any purchase price shall be made at the offices of the Authority or such other
location to which the parties may agree.
(b) The deed shall be in recordable form and shall be promptly recorded in the proper
office for the recordation of deeds and other instruments pertaining to the Development Property.
At closing, Developer shall pay: all recording costs, including state deed tax, in connection with
the conveyance of the Development Property, title insurance commitment fees and premiums, if
any, and one -half of any closing fees charged by the Title Company. The Authority shall pay
costs of recording any instruments used to clear title encumbrances and one -half of any closing
fees charged by the Title Company. Each party shall pay its respective attorneys' fees. There
are no special assessments outstanding or pending on the Development Property. The parties
agree and understand that the Development Property is exempt from property taxes for taxes
payable in 2016.
Section 3.5. Title. (a) As soon as reasonably practical after the date of this Agreement,
the Developer, at Developer's sole expense, shall obtain a commitment for the issuance of a
policy of title insurance for the Development Property. The Developer shall have twenty (20)
days from the date of its receipt of such commitment and a current survey of the Development
Property to review the state of title to the Development Property and to provide the Authority
with a list of written objections to such title. Upon receipt of the Developer's list of written
objections, the Authority shall proceed in good faith and with all due diligence to attempt to cure
the objections made by the Developer. Promptly after expiration of the Developer's 20 -day
review period, or after the date that any title objections have been cured to the reasonable
satisfaction of the Developer, the Authority and Developer shall proceed with the conveyance of
the Development Property pursuant to Section 3.2 of this Agreement. In the event that the
Authority has failed to cure objections within sixty (60) days after its receipt of the Developer's
list of such objections, the Developer may (i) by the giving of written notice to the Authority
terminate this Agreement, upon the receipt of which this Agreement shall be null and void and
neither party shall have any liability hereunder, except the Authority shall promptly return to the
478087v2 MNI MN325 -30 7
Developer any earnest money, or (ii) waive any title objections and proceed to closing. The
Authority shall have no obligation to take any action to clear defects in the title to the
Development Property, other than the good faith efforts described above.
(b) The Authority shall take no actions to encumber title to the Development Property
between the date of this Agreement and the time the deed is delivered to the Developer. The
Authority expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Development Property prior to Closing. Upon Closing, the Authority
is obligated to pay all costs to discharge any encumbrances to the Development Property
attributable to actions of the Authority, its employees, officers, agents or consultants, including
without limitation any architect, contractor and or engineer.
(c) The Developer shall take no actions to encumber title to the Development Property
between the date of this Agreement and the time the deed is delivered to the Developer. The
Developer expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Development Property prior to Closing. Notwithstanding termination
of this Agreement prior to Closing, Developer is obligated to pay all costs to discharge any
encumbrances to the Development Property attributable to actions of Developer, its employees,
officers, agents or consultants, including without limitation any architect, contractor and or
engineer.
Section 3.6. Soils, Environmental Conditions. (a) Before closing on conveyance of the
Development Property from the Authority to the Developer, the Developer may enter the
Development Property and conduct any environmental or soils studies deemed necessary by the
Developer. If, at least 10 days before Closing the Developer determines that hazardous waste or
other pollutants as defined under federal and state law exist on the property, or that the soils are
otherwise unsuitable for construction of the Minimum Improvements, the Developer may at its
option terminate this Agreement by giving written notice to the Authority, upon receipt of which
this Agreement shall be null and void and neither party shall have any liability hereunder, except the
Authority shall promptly return to the Developer any earnest money.
(b) The Developer acknowledges that the Authority makes no representations or
warranties as to the condition of the soils on the Development Property or its fitness for construction
of the Minimum Improvements or any other purpose for which the Developer may make use of
such property.
(c) Without limiting its obligations under Section 8.3 of this Agreement, the Developer
further agrees that it will indemnify, defend, and hold harmless the Authority, the City, the County,
and their governing body members, officers, and employees (the "Indemnified Parties "), from any
claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or
in the Development Property, which either (i) arise out of activities of Developer on the
Development Property or (ii) arise out of hazardous substances, asbestos, petroleum substances,
or pollutants, irritants or contaminants brought onto the Development Property by Developer. In
addition, Developer agrees to release the Indemnified Parties from any and all costs, expenses,
losses, liabilities, claims, causes of action, demands, and damages relating to the environmental
conditions on the Development Property as of the Date of Closing, including without limitation
478087v2 MNI MN325 -30 8
any claim the Developer may have to recover from all or any of the Indemnified Parties any
costs or expenses incurred by the Developer in performing any remediation of the Development
Property. Nothing in this section will be construed to limit or affect any limitations on liability of
the City, Authority, or County under State or federal law, including without limitation Minnesota
Statutes Sections 466.04 and 604.02.
Section 3.7. No Business Subsidy. The parties agree that the price paid by the Developer
for the Development Property represents the fair market value of the Development Property.
Accordingly, the parties agree and understand that the transaction described in this Agreement does
not constitute a business subsidy within the meaning of the Business Subsidy Act. The Developer
releases and waives any claim against the Authority and its governing body members, officers,
agents, servants and employees thereof arising from application of the Business Subsidy Act to this
Agreement, including without limitation any claim that the Authority failed to comply with the
Business Subsidy Act with respect to this Agreement.
Section 3.8. Payment of Administrative Costs. The parties agree that the Authority's
Administrative Costs will be paid by the Authority, and that the Developer has no obligation to
reimburse the Authority for such expenditures. For purposes of this section, "Administrative Costs"
means out of pocket costs incurred by the Authority together with staff costs of the Authority, all
attributable to or incurred in connection with the negotiation and preparation of this Agreement in
connection with the development of the Development Property.
478087v2 MNI MN325 -30 9
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements. Subject to all other terms and
conditions of this Agreement, Developer agrees that it will construct, or cause to be constructed,
the Minimum Improvements on the Development Property in accordance with the Site Plan
attached hereto as Schedule C and with the Construction Plans approved by the Authority, and at
all times prior to the Termination Date will operate and maintain, preserve and keep the
Minimum Improvements or cause the Minimum Improvements to be operated, maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition.
Section 4.2. Construction Plans. (a) Before commencement of construction of the
Minimum Improvements, Developer shall submit to the Authority Construction Plans. The
Authority will approve such Construction Plans in writing if. (i) such Construction Plans
conform to the terms and conditions of this Agreement; (ii) such Construction Plans conform to
the goals and objectives of the Development Plan; (iii) such Construction Plans conform to all
applicable federal, state and local laws, ordinances, rules and regulations; (iv) such Construction
Plans are adequate to provide for construction of the Minimum Improvements; (v) the
Construction Plans do not provide for expenditures in excess of the funds available to Developer
for construction of the Minimum Improvements; and (vi) no Event of Default has occurred. No
approval by the Authority shall relieve Developer of the obligation to comply with the terms of
this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances,
rules and regulations, or to construct the Minimum Improvements in accordance therewith. No
approval by the Authority shall constitute a waiver of an Event of Default. If approval of the
Construction Plans is requested by Developer in writing at the time of submission, such
Construction Plans shall be deemed approved unless rejected in writing by the Authority, in
whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made
within 30 days after the date of their receipt by the Authority. If the Authority rejects any
Construction Plans in whole or in part, Developer shall submit new or corrected Construction
Plans within 30 days after written notification to Developer of the rejection. The provisions of
this Section relating to approval, rejection and resubmission of corrected Construction Plans
shall continue to apply until the Construction Plans have been approved by the Authority. The
Authority's approval shall not be unreasonably withheld. Said approval shall constitute a
conclusive determination that the Construction Plans (and the Minimum Improvements,
constructed in accordance with said plans) comply to the Authority's satisfaction with the
provisions of this Agreement relating thereto.
The Developer hereby waives any and all claims and causes of action whatsoever
resulting from the review of the Construction Plans by the Authority and /or any changes in the
Construction Plans requested by the Authority. Neither the Authority, the City, nor any
employee or official of the Authority or City shall be responsible in any manner whatsoever for
any defect in the Construction Plans or in any work done pursuant to the Construction Plans,
including changes requested by the Authority.
478087v2 MNI MN325 -30 10
(b) If Developer desires to make any material change in the Construction Plans after
their approval by the Authority, Developer shall submit the proposed change to the Authority for
its approval. If the Construction Plans, as modified by the proposed change, conform to the
requirements of this Section 4.2 of this Agreement with respect to such previously approved
Construction Plans, the Authority shall approve the proposed change and notify Developer in
writing of its approval. Such change in the Construction Plans shall, in any event, be deemed
approved by the Authority unless rejected, in whole or in part, by written notice by the Authority
to Developer, setting forth in detail the reasons therefor. Such rejection shall be made within ten
(10) days after receipt of the notice of such change. The Authority's approval of any such
change in the Construction Plans will not be unreasonably withheld.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Developer shall commence construction of the Minimum Improvements by July 1,
2016, and substantially complete construction of the Minimum Improvements by July 1, 2017.
All work with respect to the Minimum Improvements to be constructed on the Development
Property shall substantially conform to the Construction Plans as submitted by Developer and
approved by the Authority.
Developer agrees for itself, its successors and assigns, and every successor in interest to
the Development Property, or any part thereof, that Developer, and such successors and assigns,
shall promptly begin and diligently prosecute to completion the development of the Development
Property through the construction of the Minimum Improvements thereon, and that such
construction shall in any event be commenced within the period specified in this Section 4.3 of
this Agreement. Subsequent to conveyance of the Development Property, or any part thereof, to
Developer, and until construction of the Minimum Improvements has been completed,
Developer shall make reports, in such detail and at such times as may reasonably be requested by
the Authority, as to the actual progress of Developer with respect to such construction.
Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the
Minimum Improvements in accordance with those provisions of the Agreement relating solely to
the obligations of Developer to construct the Minimum Improvements (including the dates for
commencement and completion thereof), the Authority will furnish Developer with an
appropriate instrument so certifying, in substantially the form attached as Schedule D. Such
certification by the Authority shall be (and it shall be so provided in the deed and in the
certification itself) a conclusive determination of satisfaction and termination of the agreements
and covenants in the Agreement and in the deed with respect to the obligations of Developer, and
its successors and assigns, to construct the Minimum Improvements and the date for the
completion thereof. Such certification and such determination shall not constitute evidence of
compliance with or satisfaction of any obligation of Developer to any Holder of a Mortgage, or
any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or
any part thereof.
(b) The certificate provided for in this Section 4.4 of this Agreement shall be in such
form as will enable it to be recorded in the proper office for the recordation of deeds and other
instruments pertaining to the Development Property. If the Authority shall refuse or fail to
478087v2 MNI MN325 -30 I I
provide any certification in accordance with the provisions of this Section 4.4 of this Agreement,
the Authority shall, within thirty (30) days after written request by Developer, provide Developer
with a written statement, indicating in adequate detail in what respects Developer has failed to
complete the Minimum Improvements in accordance with the provisions of the Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in the opinion of the
Authority, for Developer to take or perform in order to obtain such certification.
(c) The construction of the Minimum Improvements shall be deemed to have
commenced upon commencement of grading of the Development Property, and shall be deemed
to be substantially completed upon final inspection by the City and issuance of a certificate of
occupancy.
478087v2 MNI MN325 -30 12
ARTICLE V
Insurance
Section 5.1. Insurance. (a) Developer will provide and maintain at all times during the
process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i) Builder's risk insurance, written on the so- called "Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100 %) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so- called "all risk" form of policy.
(ii) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner's Contractor's Policy with limits against
bodily injury and property damage of not less than $1,000,000 for each occurrence (to
accomplish the above - required limits, an umbrella excess liability policy may be used);
and
(iii) Workers' compensation insurance, with statutory coverage.
(b) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Developer which are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Developer
will deposit annually with the Authority policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in force and effect.
Unless otherwise provided in this Article V of this Agreement each policy shall contain a
provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage
provided below the amounts required herein without giving written notice to the Developer and
the Authority at least thirty (30) days before the cancellation or modification becomes effective.
In lieu of separate policies, the Developer may maintain a single policy, blanket or umbrella
policies, or a combination thereof, having the coverage required herein, in which event the
Developer shall deposit with the Authority a certificate or certificates of the respective insurers
as to the amount of coverage in force upon the Minimum Improvements.
(d) The Developer agrees to notify the Authority immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Developer will forthwith repair,
reconstruct and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent
necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the
478087v2 MNI MN325 -30 13
net proceeds of any insurance relating to such damage received by the Developer to the payment
or reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction and restoration of the Minimum
Improvements, whether or not the net proceeds of insurance received by the Developer for such
purposes are sufficient to pay for the same. Any net proceeds remaining after completion of
such repairs, construction and restoration shall be the property of the Developer.
(f) The Developer and the Authority agree that all of the insurance provisions set
forth in this Article V shall terminate upon the termination of this Agreement.
478087v2 MNI MN325 -30 14
ARTICLE VI
Delinquent Taxes and Review of Taxes
[Intentionally omitted.]
478087v2 MNI MN325 -30 15
ARTICLE VII
Financing
[Intentionally omitted.]
478087v2 MNI MN325 -30 16
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. Developer represents and agrees that its
purchase of the Development Property or portions thereof, and its other undertakings pursuant to
the Agreement, are, and will be used, for the purpose of development of the Development
Property and not for speculation in land holding.
Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement.
Developer represents and agrees that until issuance of the Certificate of Completion for the
Minimum Improvements:
(a) Developer has not made or created and will not make or create or suffer to be
made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power,
or transfer in any other mode or form of or with respect to this Agreement or the Development
Property or any part thereof or any interest therein, or any contract or agreement to do any of the
same, to any person or entity (collectively, a "Transfer "), without the prior written approval of
the Authority's board of commissioners unless Developer remains liable and bound by this
Agreement, in which event, notwithstanding anything in this Agreement to the contrary, the
Authority's approval is not required. The term "Transfer" does not include (i) encumbrances
made or granted by way of security for, and only for, the purpose of obtaining construction,
interim or permanent financing necessary to enable Developer or any successor in interest to the
Development Property, or any part thereof, to construct the Minimum Improvements, or (ii) any
lease, license, easement or similar arrangement entered into in the ordinary course of business
related to operation of the Minimum Improvements.
(b) If Developer seeks to effect a Transfer which requires the approval of the
Authority prior to issuance of the Certificate of Completion for the Minimum Improvements, the
Authority shall be entitled to require as conditions to such Transfer that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority and City, necessary and
adequate to fulfill the obligations undertaken in this Agreement by Developer as to the
portion of the Development Property to be transferred.
(ii) Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable among the land records, shall, for itself and its
successors and assigns, and expressly for the benefit of the Authority, have expressly
assumed all of the obligations of Developer under this Agreement as to the portion of the
Development Property to be transferred and agreed to be subject to all the conditions and
restrictions to which Developer is subject as to such portion; provided, however, that the
fact that any transferee of, or any other successor in interest whatsoever to, the
Development Property, or any part thereof, shall not, for whatever reason, have assumed
such obligations or so agreed, and shall not (unless and only to the extent otherwise
478087v2 MNI MN325 -30 17
specifically provided in this Agreement or agreed to in writing by the Authority) deprive
the Authority of any rights or remedies or controls with respect to the Development
Property or any part thereof or the construction of the Minimum Improvements; it being
the intent of the parties as expressed in this Agreement that (to the fullest extent
permitted at law and in equity and excepting only in the manner and to the extent
specifically provided otherwise in this Agreement) no transfer of, or change with respect
to, ownership in the Development Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary, shall operate,
legally or practically, to deprive or limit the Authority of or with respect to any rights or
remedies on controls provided in or resulting from this Agreement with respect to the
Minimum Improvements that the Authority would have had, had there been no such
transfer or change. In the absence of specific written agreement by the Authority to the
contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve
Developer, or any other party bound in any way by this Agreement or otherwise with
respect to the construction of the Minimum Improvements, from any of its obligations
with respect thereto.
(iii) Any and all instruments and other legal documents involved in effecting
the transfer of any interest in this Agreement or the Development Property governed by
this Article VIII, shall be in a form reasonably satisfactory to the Authority.
(c) If the conditions described in paragraph (b) are satisfied with regard to any
Transfer requiring the approval of the Authority then the Transfer will be approved and
Developer shall be released from its obligations under this Agreement, as to the portion of the
Development Property that is transferred, assigned, or otherwise conveyed. The provisions of
this paragraph (c) apply to all subsequent transferors, assuming compliance with the terms of this
Article.
(d) Upon issuance of the Certificate of Completion for the Minimum Improvements,
Developer may transfer or assign the Minimum Improvements and /or Developer's rights and
obligations under this Agreement with respect to such property without the prior written consent
of the Authority.
Section 8.3. Release and Indemnification Covenants. (a) Developer releases from and
covenants and agrees that the Authority and the governing body members, officers, agents,
servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless
the Authority and the governing body members, officers, agents, servants and employees thereof
against any loss or damage to property or any injury to or death of any person occurring at or
about or resulting from any defect in the Minimum Improvements.
(b) Except for any negligence of the following named parties and any claim as to the
legal authority of the Authority to perform as required by this Agreement, Developer agrees (if
timely tendered by the Authority to Developer) to protect and defend the Authority and the
governing body members, officers, agents, servants and employees thereof, now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
478087v2 MNI MN325 -30 18
proceeding whatsoever by any person or entity whatsoever to the extent caused by the
construction, installation, and operation of the Minimum Improvements.
(c) The Authority and the governing body members, officers, agents, servants and
employees thereof shall not be liable for any damage or injury to the persons or property of
Developer or its officers, agents, servants or employees or any other person who may be about
the Development Property or Minimum Improvements due to any act of negligence of any
person (other than the Authority).
(d) All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the Authority and not of any governing body member, officer, agent, servant or
employee of the Authority in the individual capacity thereof.
478087v2 MNI MN325 -30 19
ARTICLE IX
Events of Default
Section 9.1. Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean, whenever it is used in this
Agreement (unless the context otherwise provides), any failure by any party, following notice
and cure periods described in Section 9.2 hereof, to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement or under
any other agreement entered into between Developer and the Authority in connection with
development of the Development Property.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section
9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but
only if the Event of Default has not been cured within said thirty days or, if the Event of Default
is by its nature incurable within thirty days, the defaulting party does not provide assurances
reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and
will be cured as soon as reasonably possible:
(a) Suspend its performance under the Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant under this
Agreement.
Section 9.3. Revesting Title in AuthorityUpon Happening of Event Subsequent to
Conveyance to Developer. In the event that subsequent to conveyance of the Development Property
to Developer and prior to completion of construction of the Minimum Improvements (evidenced by
a Certificate of Completion described in Section 4.4):
(a) Developer, subject to Unavoidable Delays, shall fail to begin construction of the
Minimum Improvements in conformity with this Agreement and such failure to begin construction
is not cured within 30 days after written notice from the Authority to Developer to do so; or
(b) Developer fails to pay assessments on the parcel or any part thereof when due, or
creates, suffers, assumes, or agrees to any encumbrance or lien on the parcel (except to the extent
permitted by this Agreement), or shall suffer any levy or attachment to be made, or any
materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and
such assessments shall not have been paid, or the encumbrance or lien removed or discharged or
provision satisfactory to the Authority made for such payment, removal, or discharge, within thirty
478087v2 MNI MN325 -30 20
(30) days after written demand by the Authority to do so; provided, that if Developer first notifies
the Authority of its intention to do so, it may in good faith contest any mechanics' or other lien filed
or established and in such event the Authority shall permit such mechanics' or other lien to remain
undischarged and unsatisfied during the period of such contest and any appeal and during the course
of such contest Developer shall keep the Authority informed respecting the status of such defense;
or
(c) there is, in violation of the Agreement, any Transfer of the parcel in violation of the
terms of Section 8.2, and such violation is not cured within sixty (60) days after written demand by
the Authority to Developer, or if the event is by its nature incurable within 30 days, Developer does
not, within such 30 -day period, provide assurances reasonably satisfactory to the Authority that the
event will be cured as soon as reasonably possible; or
(d) Developer fails to comply with any of its other covenants under this Agreement
related to the Minimum Improvements and fails to cure any such noncompliance or breach within
thirty (30) days after written demand from the Authority to Developer to do so, or if the event is by
its nature incurable within 30 days, Developer does not, within such 30 -day period, provide
assurances reasonably satisfactory to the Authority that the event will be cured as soon as
reasonably possible; or
(e) the Holder of any Mortgage secured by the subject property exercises any remedy
provided by the Mortgage documents or exercises any remedy provided by law or equity in the
event of a default in any of the terms or conditions of the Mortgage, in either case which would
materially adversely affect the rights and obligations of the Authority hereunder,
Then the Authority shall have the right to re -enter and take possession of the parcel to which
the default relates and to terminate (and revest in the Authority) the estate conveyed by the deed to
Developer as to that parcel, subject to all intervening matters, it being the intent of this provision,
together with other provisions of the Agreement, that the conveyance of the parcel to Developer
shall be made upon, and that the deed shall contain a condition subsequent to the effect that in the
event of any default on the part of Developer and failure on the part of Developer to remedy, end, or
abrogate such default within the period and in the manner stated in such subdivisions, the Authority
at its option may declare a termination in favor of the Authority of the title, and of all the rights and
interests in and to the parcel conveyed to Developer, and that such title and all rights and interests of
Developer, and any assigns or successors in interest to and in the parcel, shall revert to the
Authority, but only if the events stated in Section 9.4(a) -(e) have not been cured within the time
periods provided above. Notwithstanding anything to the contrary herein, in the event the
Development Property have been replatted as part of other parcels as of the date of the Authority's
exercise of its rights under this Section, Developer will cooperate with the Authority in obtaining
any subdivision necessary to revest in the Authority title to the applicable Authority Parcel.
Section 9.4. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in
the Authority of title to and /or possession of the parcel or any part thereof as provided in Section
9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the
parcel or part thereof as soon and in such manner as the Authority shall find feasible and consistent
with the objectives of such law and of the Development Plan to a qualified and responsible party or
478087v2 MNI MN325 -30 21
parties (as determined by the Authority) who will assume the obligation of making or completing
the Minimum Improvements as shall be satisfactory to the Authority in accordance with the uses
specified for such parcel or part thereof in the Development Plan. During any time while the
Authority has title to and /or possession of a parcel obtained by reverter, the Authority will not
disturb the rights of any tenants under any leases encumbering such parcel. Upon resale of the
parcel, the proceeds thereof shall be applied:
(a) First, to reimburse the Authority for all costs and expenses incurred by them,
including but not limited to salaries of personnel, in connection with the recapture, management,
and resale of the parcel (but less any income derived by the Authority from the property or part
thereof in connection with such management); all taxes, assessments, and water and sewer charges
with respect to the parcel or part thereof (or, in the event the parcel is exempt from taxation or
assessment or such charge during the period of ownership thereof by the Authority, an amount, if
paid, equal to such taxes, assessments, or charges (as determined by the Authority assessing official)
as would have been payable if the parcel were not so exempt); any payments made or necessary to
be made to discharge any encumbrances or liens existing on the parcel or part thereof at the time of
revesting of title thereto in the Authority or to discharge or prevent from attaching or being made
any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its
successors or transferees; any expenditures made or obligations incurred with respect to the making
or completion of the subject improvements or any part thereof on the parcel or part thereof, and any
amounts otherwise owing the Authority by Developer and its successor or transferee; and
(b) Second, to reimburse Developer, its successor or transferee, up to the amount
equal to the amount actually invested by it in making any of the subject improvements on the
parcel or part thereof.
Any balance remaining after such reimbursements shall be retained by the Authority as its property.
Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
Authority or Developer is intended to be exclusive of any other available remedy or remedies,
but each and every such remedy shall be cumulative and shall be in addition to every other
remedy given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient. In order to entitle
the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other
than such notice as may be required in this Article IX.
Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the
other party, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder.
478087v2 MNI MN325 -30 22
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests, Authority Representatives Not Individually Liable.
The Authority and Developer, to the best of their respective knowledge, represent and agree that
no member, official, or employee of the Authority shall have any personal interest, direct or
indirect, in the Agreement, nor shall any such member, official, or employee participate in any
decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership, or association in which he is, directly or indirectly, interested. No
member, official, or employee of the Authority shall be personally liable to Developer, or any
successor in interest, in the event of any default or breach by the Authority or for any amount
which may become due to Developer or successor or on any obligations under the terms of the
Agreement.
Section 10.2. Equal Employment Opportunity. Developer, for itself and its successors
and assigns, agrees that during the construction of the Minimum Improvements provided for in
the Agreement it will comply with all applicable federal, state and local equal employment and
non - discrimination laws and regulations.
Section 10.3. Restrictions on Use. Developer agrees that until the Termination Date,
Developer, and such successors and assigns, shall devote the Development Property to the
operation of the Minimum Improvements for uses described in the definition of such term in this
Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin
in the sale, lease, or rental or in the use or occupancy of the Development Property or any
improvements erected or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in
the Development Property and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by any party to the
others shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of Developer, is addressed to or delivered personally to Developer at
3360 Chelsea Road West, PO Box 336, Monticello, Minnesota 55362; and
478087v2 MNI MN325 -30 23
(b) in the case of the Authority, is addressed to or delivered personally to the
Authority at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, Attn: Executive
Director.
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. The Authority may record this Agreement and any
amendments thereto with the Wright County recorder. Developer shall pay all costs for
recording.
Section 10.9. Amendment. This Agreement may be amended only by written agreement
approved by the Authority and Developer.
Section 10.10. AuthorityApprovals. Unless otherwise specified, any approval required by
the Authority under this Agreement may be given by the Authority Representative.
Section 10.11. Termination. This Agreement terminates on the Termination Date.
Section 10.12. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or
claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and
all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
Section 10.13. Good Faith. Each party shall act in good faith and in a commercially
reasonable manner with respect to any matter contemplated by this Agreement, including,
without limitation, approving or disapproving any request, including any request for approval of
plans.
478087v2 MNI MN325 -30 24
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and its seal to be hereunto duly affixed and Developer has caused this
Agreement to be duly executed in its name and behalf on or as of the date first above written.
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2016, by and , the President and Executive Director,
respectively, of the City of Monticello Economic Development Authority, a public body politic
and corporate, on behalf of the Authority.
Notary Public
478087v2 MNI MN325 -30 S -1
CLEAR CREEK LAND COMPANY, LLC
By.
Its
STATE OF MINNESOTA)
) SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ,
2016 by , the of Clear Creek Land Company, LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
478087v2 MNI MN325 -30 S -2
SCHEDULE A
DEVELOPMENT PROPERTY
Outlot A, Otter Creek Crossing 1St Addition, Wright County, Minnesota
And
Outlot C, Otter Creek Crossing 3rd Addition, Wright County, Minnesota.
478087v2 MNI MN325 -30 A -1
SCHEDULE B
FORM OF QUIT CLAIM DEED
Deed Tax Due: $
ECRV:
THIS INDENTURE, between the City of Monticello Economic Development Authority, a
public body corporate and politic and political subdivision under the laws of the State of Minnesota
(the "Grantor "), and Clear Creek Land Company, LLC, a Minnesota limited liability company (the
"Grantee ").
WITNESSETH, that Grantor, in consideration of the sum of $ and other good and
valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land
lying and being in the County of Wright and State of Minnesota described as follows, to -wit (such
tract or parcel of land is hereinafter referred to as the "Property"):
Outlot A, Otter Creek Crossings 1St Addition
Outlot C, Otter Creek Crossings Yd Addition
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions
and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on
the day of May, 2016, identified as "Purchase and Development Contract" (hereafter referred to
as the "Agreement ") and that the Grantee shall not convey this Property, or any part thereof, except
as permitted by the Agreement until a certificate of completion releasing the Grantee from certain
obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been
placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging
this Property in order to obtain funds for erecting the Minimum Improvements thereon (as defined
in the Agreement) in conformity with the Agreement, any applicable development program and
applicable provisions of the zoning ordinance of the City of Monticello, Minnesota, or for the
refinancing of the same.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the development of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the provisions
of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying.
478087v2 MNI MN325 -30 B- I
Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a
conclusive determination of satisfaction and termination of the agreements and covenants of the
Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and
assigns, to construct the Minimum Improvements and the dates for the beginning and completion
thereof. Such certifications and such determination shall not constitute evidence of compliance with
or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a
mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the
Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder, Wright County, Minnesota. If the Grantor shall refuse or fail to
provide any such certification in accordance with the provisions of the Agreement and this Deed,
the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee
with a written statement indicating in adequate detail in what respects the Grantee has failed to
complete the Minimum Improvements in accordance with the provisions of the Agreement or is
otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor,
for the Grantee to take or perform in order to obtain such certification.
SECTION 2.
The Grantee's rights and interest in the Property are subject to the terms and conditions of
Section 9.3 of the Agreement relating to the Grantor's right to re -enter and revest in Grantor title to
the Property under conditions specified therein, including but not limited to termination of such
right upon issuance of a Certificate of Completion as defined in the Agreement.
SEC"TTON 3
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with
all provisions of the Agreement that relate to the Property or use thereof for the periods specified in
the Agreement, including without limitation the covenant set forth in Section 10.3 thereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in any
event, and without regard to technical classification or designation, legal or otherwise, and except
only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by
law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee,
its successors and assigns, and every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants
provided herein, both for and in its own right, and also for the purposes of protecting the interest of
the community and the other parties, public or private, in whose favor or for whose benefit these
agreements and covenants have been provided. Such agreements and covenants shall run in favor
of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner
478087v2 MNI MN325 -30 B -2
of any land or interest therein to, or in favor of, which such agreements and covenants relate. The
Grantor shall have the right, in the event of any breach of any such agreement or covenant to
exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall
not have any right to re -enter the Property or revest in the Grantor the estate conveyed by this Deed
on grounds of Grantee's failure to comply with its obligations under this Section 3.
SECTION 4.
This Deed is also given subject to:
(a) Provision of the ordinances, building and zoning laws of the City of
Monticello, and state and federal laws and regulations in so far as they affect this real estate.
(b) [Others]
478087v2 MNI MN325 -30 B -3
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director and has caused its corporate seal to be hereunto
affixed this day of , 2016.
❑ The Seller certifies that the Seller does
not know of any wells on the described
real property.
❑ A well disclosure certificate accompanies
this document or has been electronically
filed. (If electronically filed, insert
WDC number: ).
❑ I am familiar with the property described
in this instrument and I certify that the
status and number of wells on the
described real property have not
changed since the last previously filed
well disclosure certificate.
STATE OF MINNESOTA )
) ss
COUNTY OF WRIGHT )
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By _
Its President
By
Its Executive Director
On this day of , 2016, this instrument was acknowledged before me by
and ' the President and Executive Director,
respectively, of the City of Monticello Economic Development Authority, a public body corporate
and politic under the laws of the State of Minnesota (the "Authority ") named in the foregoing
instrument; that said instrument was signed on behalf of said Authority pursuant to a resolution of
its governing body; and said and acknowledged said
instrument to be the free act and deed of said Authority.
This instrument was drafted by:
Kennedy & Graven, Chartered (MNI)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
Notary Public
Tax Statements should be sent to:
478087v2 MNI MN325 -30 B -4
SCHEDULE C
SITE PLAN
478087v2 MNI MN325 -30 C-1
SCHEDULE D
(The remainder of this page is intentionally left blank.)
478087v2 MNI MN325 -30 D -1
CERTIFICATE OF COMPLETION
WHEREAS, the City of Monticello Economic Development Authority, a public body
corporate and politic (the "Authority "), by a Deed recorded in the Office of the County Recorder or
the Registrar of Titles in and for the County of Wright and State of Minnesota, as Deed Document
Number(s) and , respectively, has conveyed to Clear Creek Land
Company, LLC (the "Developer "), the following described land in County of Wright and State of
Minnesota, to -wit:
Outlot A, Otter Creek Crossings 1St Addition; and
Outlot C, Otter Creek Crossings 3rd Addition
WHEREAS, the undersigned hereby certifies that the Developer has fully complied with its
obligations under Articles III and IV of that document titled "Purchase and Development Contract,"
dated as of May ___, 2016 between the Authority and the Developer ( "Agreement "), with respect to
construction of the Minimum Improvements in accordance with Article IV of the Agreement, and
that the Developer is released and forever discharged from its obligations with respect to
construction of the Minimum Improvements under Articles III and IV of the Agreement.
Dated: , 20 . CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
Authority Representative
This document was drafted by:
KENNEDY & GRAVEN, Chartered (MNI)
470 US Bank Plaza
Minneapolis, Minnesota 55402
Telephone: 612-337-9300
478087v2 MNI MN325 -30 D -2
ME
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Figure 3 -8: Land Use Plan - Places to Work
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County, and WSR &Assooates_ N ber1,2 1 A
6. The City will provide water that is safe to drink by
protecting water supply sources.
Places to Work
This land use is primarily intended for industrial
development. Places to Work seeks to provide
locations for the retention, expansion and creation of
businesses that provide jobs for Monticello residents
and expansion and diversification of the property tax
base. In order to be a center of employment with a wide
range of job opportunities, it is critical that Monticello
preserve sufficient land for Places to Work over the
next twenty -five years. These land uses can be one of
the most challenging to locate because of its need for
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convenient transportation access and influence on
surrounding land uses. In planning for future Places to
Work, the Comprehensive Plan considers the goals of
the community; what type of industrial development
is sought; and what factors should be considered when
locating an industrial land use.
In planning for sustaining existing businesses and
attracting new development, it is necessary to
understand why Places to Work are important to
Monticello. The objectives for this land use include:
Expanding and diversifying the property tax base.
Providing jobs with an increasing opportunity for
people to work and live in Monticello.
2008 Comprehensive Plan - Updated 2014 Land Use 1 3 -11
Figure 3 -9. Land Use Plan - Places to Shop
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Promoting wage levels that provide incomes
needed to purchase decent housing, support local
businesses and support local government services.
Take advantage of opportunities to attract
companies that have a synergy with existing
companies in the community, including suppliers,
customers and collaborative partners.
Encouraging the retention and expansion of
existing businesses in Monticello.
Policies - Places to Work
1. The City will use the Comprehensive Plan to
designate and preserve a supply of land for Places
to Work that meets current and future needs.
2. Consistent with the vision for the future of
Monticello, the Land Use Plan promotes the
establishment of business campus settings that
provide a high level of amenities, including
architectural controls, landscaping, preservation of
natural features, storage enclosed within buildings,
and other features. The zoning ordinance,
subdivision regulations and other land use controls
will also be used to create and maintain the desired
business campus settings.
3. Places to Work supports the City's desire to attract
businesses that complement existing businesses
or benefit from the community's infrastructure,
including power and telecommunications.
4. The Comprehensive Plan also recognizes that
Places to Work should provide locations for
other general industrial development in the areas
3 -12 1 Land Use City of Monticello
of manufacturing, processing, warehousing,
distribution and related businesses.
5. Places to Work may include non - industrial
businesses that provide necessary support to the
underlying development objectives of this land use.
Examples of supporting land uses include lodging,
office supplies and repair services.
Additional public objectives and strategies for Places
to Work can be found in the Economic Development
chapter.
Places to Shop
Places to Shop designate locations that are or can be
developed with businesses involved with the sale of
goods and services. Places to Shop may include offices
for service businesses. Places to Shop guides land uses
that are both local and regional in nature.
Policies - Places to Shop
- _M�:
The Comprehensive Plan describes issues, plans and policies related to the Downtown in several sections
of the Plan.
between the commercial parcel and adjacent
residential uses.
These policies help to create sustainable locations for
Places to Shop in a manner that enhances Monticello.
In guiding land uses for Places to Shop, the Downtown
Comprehensive Plan seeks to:
1
2.
3.
4.
5.
6.
The Comprehensive Plan seeks to attract and retain
businesses that provide goods and services needed
by Monticello residents.
The Comprehensive Plan seeks to capture the
opportunity for commercial development that
serves a broader region. Places to Shop with a
regional orientation should be located where
the traffic does not disadvantage travel within
Monticello.
Commercial development will be used to expand
and diversify the local property tax base and as an
element of a diverse supply of local jobs.
Places to Shop will be located on property with
access to the street capacity needed to support
traffic from these businesses.
Each parcel should supply an adequate supply of
parking that makes it convenient to obtain the
goods and services.
Building materials, facades and signage should
combine with public improvements to create an
attractive setting.
7. Site design must give consideration to defining
edges and providing buffering or separation
The Embracing Downtown Plan was adopted by City
Council resolution 2012 -011 on January 9, 2012
and is herein incorporated as an appendix of the
Comprehensive Plan.
Downtown is a unique commercial district that is part
of Monticello's heritage and identity. It is, however,
no longer possible for Downtown to be Monticello's
central business district. The mass of current and
future commercial development south of Interstate 94
along TH 25 and in east Monticello along interstate 94
have replaced the downtown area as primary shopping
districts. The future success of downtown requires it
to be a place unlike any other in Monticello.
The Comprehensive Plan seeks to achieve the Vision,
Guiding Principles and Goals described in the
Embracing Downtown Plan. Downtown is intended
to be a mix of inter - related and mutually supportive
land uses. Businesses involved with the sale of goods
and services should be the focus of Downtown land
use. Residential development facilitates reinvestment
and places potential customers in the Downtown area.
Civic uses draw in people from across the community.
2008 Comprehensive Plan - Updated 2014 Land Use 1 3 -13
Subject Area
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ERWMER
Bevera e
Site Plan
Scale: -r.lw-(Y
KNOW ALL MEN BY THESE PRESENTS: That the City of Monticello, a Minnesota
Municipal Corporation under the laws of the State of Minnesota, fee owner of the
following described property situated in the County of Wright, State of Minnesota to
wit:
Lot 1, Block 2, Otter Creek Crossing, according to the recorded plat thereof, Wright
County, Minnesota.
Has caused the same to be surveyed and platted as OTTER CREEK CROSSING
1ST ADDITION and does hereby donate and dedicate to the public for public use
forever the thoroughfare and the easements as shown on this plat for drainage and
utility purposes only.
In witness whereof, said City of Monticello, a Minnesota Municipal Corporation
has caused these presents to be signed by its proper officers
this -tb day of,0myp2005.
BY: r (� .- G
Clint Herbst, Mayor
STATE OF MINNESOTA
COUNTY OF turx9lh}
BY: Gf ✓/ �rZ� C�l�
Rick Wolfstelled, City Administrator
UP/-1C l
OTTffX CRfffA-6RO,KV,bVC- ZVF,4D,OM10yV
I hereby certify that I have surveyed and platted the property
PLANNING COMMISSION
described on this plat as OTTER CREEK CROSSING 1ST
ADDITION, that this plat is a correct representation of said survey, that
This plat of OTTER CREEK CROSSING 1ST ADDITION was approved by the
all distances are correctly shown in feet and hundredths of a foot, that
Planning Commission of the City of Monticello, Minnesota at a regular
all monuments have been correctly placed in the ground as shown or
meeting held this iSf day of AIOVCeyhe!r , 2004 ,
will be placed as required by the local governmental unit, that the
,n \
outside boundary lines are correctly designated on said plat and
By: R 7D --L Chairman
that there are no wet lands as defined by MS 505.02, Subd. 1 or
public highways to be designated other than as shown.
CITY COUNCIL
�A�
Steven V. Ische, Land Surveyor
Minnesota License No. 22703
STATE OF MINNESOTA
COUNTY OF R n0k0-
The foregoing Surveyor's Certificate was acknowledged before me
this 24th day of u U 'F 2005 by Steven V. Ische, Land
Surveyor, Minnesota Li 2703.
The foregoing instrument was acknowledged before me this 1 +h day C : /E/q,4�
ofSe94 -c be 2005 by Clint Herbst, Mayor, and Rick Wolfsteller, City Administrator, Notary Public, A »o 0. County, Minnesota
of the City of Monticello, a Minnesota Municipal Corporation on behalf of the
My Commission Expires:.kr 31, 2b! O
corporation.
0.--, fh.
Notary Public, County, Minnesota
My Commission Expires:,T a , ao�o
1. AWN M. GROSSINGER
Iu MUC- uixx�wr
Ily Gm�mstlm 6Wm�n 31, AIO
This plat of OTTER CREEK CROSSING 1ST ADDITION was approved and
accepted in compliance with Minnesota Statutes, Section 505.03, Subd,2, by the
City Council of the City of Monticello, Minnesota at a regular meeting held
this-;z2n4day of "zirL , 2005.
BY: �"' BY
Clint Herbst, Mayor Rick Wolfsteller, City Administrator
COUNTY SURVEYOR
Ch
Examined and recommended for approval this 13 day of 2005.
County Surveyor, Wright C unty, Minn. sots
COUNTY AUDITOR
Taxes paid for all years through year aooy and transfer entered
thisAt! dayofSeptember 2005.
By: Q Vii= yll d Arl
County Auditor, Wright County, Minnesota n
COUNTY TREASURER
I hereby certify that taxes payable in the year aoos on lands herein
described are paid thisAj! day of 7c. r, 2005.
By: R.6 41 Y✓ : .D� / Pa ¢ a p
County Treasurer, WrigtCounty, Minnesofb V o
COUNTY HIGHWAY ENGINEER
This at was recommended for approval this 13 *day of
Wright C ty Highway En tp er
COUNTY RECORDER
I hereby certify that this instrument was filed in the office of the .
County Recorder for record this .7 ?"day ofSsvf-6e 2005.
at 2: oo o'clock P.M., and was duly recorded in
Cabinet 6 , Sleeve 176,-2 as Document
Number 979!
By: 1I„"", WSB
County Recorder, Wright County, Minnesota x
0n Ftle Or : C;-L-1 °f Aon- Lice //o - - - 4,56. 11 Invoice.
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SONGAHINGIN -TH. ON-S OWERVISE INDICATED,
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RIGHT OF _ S A SHOWN ON THE F-11.
FOR THE PURPOSES PLAT T" SOUTH NNE 01
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IS ASSUMED TO EFAR N881WO-
47,.,2 �.oa
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—NI IRON "I"UM111
" 1/2"v W IRON MONUMENT TO BE SET —4
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DENDIES MIGHT GOONTR' CAST IRON MONUMENT
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FICIHL PL
OTTER CR��1YCRO .�S'.�S'ING31Pl>fll>I�ITION
KNOWALL MENBYTHESEPRESENTS. That the CiryafMonOCe //a, a Minnesota Municipal
Corp— b-,,f eeoxnerof# efolAwingdescdbedpmpftysdmiedin Ore CoumyofWngh1 ,5Yateof
/ berebycetiythatlharesurveyadandp ltAgdMepropedydesenbedw 8ispialas OTTER CREEK
PLANN/NG COMMMSUN
Minnesota 0 colt
CROSS /NG3RDADD /T /ON, MafOtis puts a m�dmpmsen66an ofsaidwney, Oral
atdiat. —are ca -Wys"n in feet andhuW—Ws ofa foot Mafa / /monuments ha. been cofrecOy
7hsp/alofOTTERCREEKCROSS /NG3RDADD 177ON waa pPmvadbyld Pkmrmg Commss=offt
p/aoedin thegmundas shown orwfi /bep/acadas Wu/radby Ois kra /gVe Mnfafun#,, that the
CifyafMonticv //a, Mimresofa atafegu/ar
onside boundarylines am cronectydesgnatedon saidp/ afaMOrallfaere arc lw wel/afMsas deArred
- aairghefdMSIS} dayol NOVe�w6tr. 200
A//ofOtMOTB, OTTER CREEKCROSSING, acowWng to saidp/at on Ole and ofrecord in the
by MS 505.02, Subd f orpuM/c hghways to be desk tedaOlerfhan asshown.
office ofthe CountyRecmde, Wright County Minnesota.
BJ' Chairman
Andaso:
Y'.
Steven V. tsdie, LandSarvoysr
7hat pad ofOU7LOTE, OTTER CREEKCROSS/NG, aanNing to said plat on Ole andofrcrirdin
Minnesota License No 22703
Ore o/fxa ofthe CountyRecoNer, Wright County, Minnesota, descnbadas fo /lows: Beginning at the
C17YCOUNC /L
most easterly comerof a Bl 1, ack 1, OTTER CREEKCROSS/NG 1STADD177ON, a—drg to said
plat on file and ofm=dm the of5 ofthe CountyRewrder, Wright County, M/ le,, thence
STATE OFM /N (ES 0rA
Pas P& of0TTER CREEK CROSSING 3RD ADD /TION was �adands ptedbyft C�Oy Coumv /of
South4ldegnees02minutesl7secnnds West,assumedbeadgga/ong Ores to eakvfy /imofsaid
COUN7Y0F4hpAu0 C
the CdyofMontoa//o, Minnesota at a Wille,meaft =-- M,,- yof
Lot f, 434.31 feet thence South 40 degmes 53minutes f6secon ds East 507.03fee4- thence North
41 degmes 02 minutes 17—nds East, 434.31 feet to Ilia northeastedy/ine ofsaid OUTLOTE;
thence North 40 degmes 53 minutes f6secnrrds West, along saidnoftheas ta*19ire, 50703feet to
The &Wmng Surveyor's Caf foafe was ackroakdgodbefofa me
this t0 day f fttnbCY , 200&,bySfeven V. /sdhe,Land
BY., t/L-/- BY,
the point ofbeg/nning
Surveyor, Minnesota License No. 22703.
Cant Herbst Mayor Rick Wofate//er CiyAd ' &&star
Andalso:
77at part ofOU7LOTE, OTTER CREEK CROSSING, - coming to said prat on file and ofmoodin
Me ofrcn ofOie CountyRecorde, Wright County, Minnesota, despfbedas fof/aws: Beg/nningat the
most so Y-tvcnmerorOutbtA, OTTER CREEK CROSSING 1STADDIT /ON, acconfirg to sadp/ t
on ft and oftecmdin the ofice ofthe CountyRecome, Wrgh1 County, Minnesota; thence South 41
degnaas 02 minutes 17 seconds Wesf assumedbeadrg ahoy the southwe916*exten0on ofthe
southeastedyline ofsafd Ov9WA, 512.69 feet to the west tithe ofsaid OUR 0T E; thence North 00
degrees 49 minutes 08 seconds Wesf akug said west tine, 68683 feet to the southwest-IYMe of
sad OUTLOTA, thence South 49degmes 07runates 40 seconds East, along mid southwestedytm,
458.31 feet to the point ofbag /nang.
Andaso
77a1 pad ofOU7LOTC, OTTER CREEKCROSSING2NDADVI7l0N, an—dirgto said plat on Ole
ardof- -din the oifi of&.0 nntyRaawde, Wrght County Minnesota,OL—Atedes W-
Beginning at the most westedycomarofsaidOUTLOTC, thence Nodh 38 degrees 32 minutes 17
seconds East aswmedbesmgalong the nodhwesAs*12ne ofsaid OU77 OTC, 24471aet! hence
South 42dL%; a 30m/nutes 10sacnnds East, 135.91 feet to the souff w tedYline ofsa/dOU7LOT
C, grence North 52degfees 47mmutes 5f seconds West aongsa d—ffiwasiedy /ire, 13528 feet
to the pant ofhcginnng
Has caused the same to be su— y.dand p/atfedas OTTER CREEK CROSSING 3RD ADD /TIONand
does hembydonate, anddadaate to the public forpub //c use fae per the t moughfares, w /de sac's
and the oasemens as shown on Otis plat for d. -Ile and ut /iYy p Moses any
In w/bhess whereof, wdCAyofMOnbae/1o, a Minnesota Mumaina/ Caryoraton
has caused these prawns to be sgnedbyits pmperoffl r
the 1 b'0ti dayof0t+0kY, 2006. %J f
BY.'
lint Herbst, ay- Rick Wasta /e,, C' Adm/nsbahlr
STATEOFM/NNESOM
COUNTYOF �afNAq�A
The famgoirginsbumam was aaknow /edgedbefore me Missy oayof C)cAdncY, 2001a by C/nt
Hl bst, Mayo, aWR/ct WO&talfe, CityAdminsfmto, offhe C/tyofMOnbceto, a Minnesota Minrdpa/
Cogionnon on! hatoftha jo —fion
Notary Pat /M., 1hf M�9hi County, Minnesda DAWN M. GROSSINGER
My Commission Fapims: .1010maP�sbr�+,�31, m�a
On �� \e.by. COy bS Moilce.�lo
IfiaA 4 MOAAA tAIJf~
NotaryPub1. 6hjdUogf County, Mnnesota
MYComm- MEryfms: et6tdm
DEANDA MAIM 'N
XMF50is
COtfNTYSURVEYOR
E— nedardracommendadforapP. -Iths It odayor C.MSEt ,2001.
County Surveyor, Wright County, Minnesos
COUNTYAUD ?OR
Taxes paid Axa / /yeaia through year 0 S and bansferentered
td6 /sr dayOfAleuembER ,200.
hy'R.,./,tR3171
CounttrAUdimr, Wrght Count. MOM Is
COUN7YTREASURER
/herebycom7ythat taxespayable in bSeyear �0nr. on /ands hemfn
oesdibed am paid � s / i r day ofA6, �, �: n,•�;; 200.
?r- W7✓g'h:t County M. ,wsf1a,p. i
Co unty T r , 1 11- .r ep
f O
COUNTYRECORDER
/hembycerW ibat ths fastmment was filed in the oiffce ofthe County RanmYArformcmd ths LV_day
of&LVL.L ,200k,, at z•.°° oc/oc* P.M, andwaedu/YmcoMadm Cabinet fo
Sleeve 1481 ,as Document Number /03141% .
flyz LT
L:ountyRecmde, 4 ighl Coun ,Minnesota
6 5(a °D ry--A $l0 5-)
AB
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-- r— "E��,,;,,l 200, Fl6 ,osn;,=;� OTTER C1P��1YCRO�SSING3RI>f1I�l�ITION
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GRAPHIC SCALE
6 II
6
DRAINAGE AND UTILITY EASEAT NTS ARE SHOM THUS
' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
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FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
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\ _
GRAPHIC SCALE
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6
DRAINAGE AND UTILITY EASEAT NTS ARE SHOM THUS
' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
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FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
48 I AMI
GRAPHIC SCALE
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' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
R_T OF 'A' S SHOWN ON THE PLAT.
FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
48 I AMI
CITY OF MONTICELLO
RESOLUTION NO. 2016-027
RESOLUTION AUTHORIZING
CONVEYANCE OF CITY PROPERTY TO THE
CITY OF MONTICELLO
ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED by the City Council ( "Council ") of the City of Monticello (the "City ")
as follows:
Section 1. Recitals.
1.01. The Monticello Economic Development Authority ( "Authority ") administers the
Central Monticello Development Project (the "Project "), pursuant to Minnesota Statutes, Sections
469.090 to 469.1082, as amended, to promote economic and job opportunities and to promote the
Development of land which is underutilized within the City.
1.02. Pursuant to the Act, the Authority is authorized to acquire real property, or
interests therein, and to undertake certain activities to facilitate the development of real property
by private enterprise.
1.03. The Authority is considering an offer to enter into a Purchase and Development
Agreement (the "Contract ") between the Authority and Clear Creek Land Company, LLC (the
"Developer "), under which among other things the Authority will convey certain property located
within the Project and described as Outlot A, Otter Creek Crossings 1St Addition and Outlot C,
Otter Creek Crossings Yd Addition (the "Development Property ") to Developer to facilitate the
development of the Development Property.
1.04. The City currently owns the Development Property.
1.05. The City is authorized to convey real property pursuant to Minnesota Statutes
Section 465.035 to any governmental subdivision for a nominal consideration, or pursuant to
Minnesota Statutes Section 471.64 to any other political subdivision of the State.
1.06. The Authority is a political subdivision of the State pursuant to Minnesota Statutes
Section 469.091, Subdivision 2.
1.07. The City finds and determines that conveyance of the Development Property to the
Authority is for a public purpose and is in the public interest because it will further the objectives of
the Project.
478257v] MNI MN325 -30
1.08. The City finds and determines that conveyance by the Authority of the Development
Property to the Developer is for a public purpose and is in the public interest because it will further
the objectives of the Project.
Section 2. Authorization.
2.01. The Council approves the conveyance of the Development Property to the Authority
by quit claim deed for reconveyance to the Developer, subject to approval by the Authority of the
Contract and satisfaction of the conditions for closing provided therein, and authorizes and directs
city staff and officials to execute the deed and related documents necessary to facilitate the
transaction referenced herein and contemplated herein, with all such actions to be in accordance
with the terms and conditions set forth in this Resolution and in the Contract.
2.02. City staff and officials are authorized and directed to take any and all additional
steps and actions necessary or convenient in order to accomplish the intent of this Resolution.
Approved by the City Council of the City of Monticello this 25th da of April, 2016.
Mayor
ATTEST:
A "A 6 q&'�
CC, I V \.'�
478257v1 MNI MN325 -30
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC- 2016 -016
A RESOLUTION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY
THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY FOR
INDUSTRIAL PARK PURPOSES IS CONSISTENT WITH THE CITY OF
MONTICELLO COMPREHENSIVE PLAN
WHEREAS, the City of Monticello ( "City ") proposes to convey certain parcels of real property
described in Exhibit A attached hereto (the "Property") and located in the City to the City of
Monticello Economic Development Authority (the "Authority "), for reconveyance to Clear Creek
Land Company, LLC (the "Developer "); and
WHEREAS, the Authority desires to transact the sale of the Property to the Developer pursuant
to its economic development powers, in order to facilitate the development of an expansion to
the Developer's beverage distribution facility within the City; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning Commission to
review the proposed acquisition or disposal of publicly -owned real property within the City prior
to its acquisition or disposal, to determine whether in the opinion of the Planning Commission,
such acquisition or disposal is consistent with the comprehensive municipal plan; and
WHEREAS, the Planning Commission has reviewed the proposed conveyance of the Property,
and has determined that the Property is located in Otter Creek Crossings, an area designated for
"Places to Work ", an industrial park use within the City's comprehensive plan, and is therefore
consistent with such use.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
Monticello, that the conveyance of the Property by the City to the Authority, and the sale of the
Property by the Authority to the Developer, are consistent with the City's comprehensive
municipal plan, and will promote the expansion of a successful distribution facility within the
City.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of
Commissioners of the Authority.
ADOPTED this 3rd day of Mav, 2016, by the Planninp- Commission of the Citv of
Monticello, Minnesota.
MC
ATTEST:
1
r
�tgel Schumann, 'omm ]t Development Director
478261v1 MN1 MN325 -30
SION
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
PLANNING COMMISSION
RESOLUTION NO. PC- 2016 -016
EXHIBIT A
Description of Property
Outlot A, Otter Creek Crossings 1 st Addition, Wright County, Minnesota and
Outlot C, Otter Creek Crossings 3'd Addition, Wright County, Minnesota
478261v1 MNIMN325 -30
EDA Agenda: 05/11/16
8. Consideration to direct preparation of an Amendment to the Contract for Private
Development between Masters Fifth Avenue and the Monticello EDA and
modification of Tax Increment Financing Plan for Tax Increment Financing District
1 -35. (AS)
A. REFERENCE AND BACKGROUND:
The EDA tabled action on this item at its regular April meeting, deferring the decision on
this item to allow for consideration of the development stage PUD application by the City
Council.
The City Council acted on April 25th, 2016 to approve the development stage PUD
application for the proposed project. To effect the PUD, the applicant will need approval
of a final stage PUD and rezoning to PUD. The developer will therefore need to apply for
final stage PUD for consideration and decision by the City Council as a next step.
To follow is the background information provided as part of the April EDA report.
Masters Fifth Avenue has requested that the EDA consider amendment of the Contract for
Private Development between Masters Fifth Avenue and the Monticello EDA, and
modification of the Tax Increment Financing Plan for TIF District 1 -35.
At this time, the developer is not requesting additional tax increment, but rather a
modification to allow for language revisions accommodating an "11,000 square foot or
more commercial, residential or multi -use building ". At present, the TIF Plan and contract
for development specify development of an "11,000 square foot retail center" in the TIF
District.
TIF District 1 -35 was certified in 2006, and was created to fund $170,000 in costs
associated with the development of a proposed 11,000 square foot retail commercial
project known as "Landmark Square II ". The project area is a single parcel located at the
northeast corner of Yd and Locust Streets. The tax increment generated in the district was
intended to reimburse the developer for land acquisition through "pay -as- you -go" TIF
assistance.
The EDA approved an extension of the contract between the EDA and the developer in
October of 2015 as related to TIF District 1 -35. At that time, the developer indicated there
was the potential for an exclusively residential project on the TIF district parcel. As the
EDA is aware, the developer has submitted a land use application (CCD Residential
Overlay rezoning request), as well as a Development Stage Planned Unit Development
application through the City's Community Development Department. The applications
submitted illustrate a 23 -unit residential project on the parcel.
If the EDA is willing to consider the amendment and modification of the district as
proposed, staff will have the EDA's attorney prepare the required documents for EDA
1
EDA Agenda: 03/09/16
decision in June. The City Council must also approve the TIF Plan Modification.
However, no public hearing or other public notifications are required for this type of
modification.
Al. Budget Impact: Per the contract with the developer, the developer will be required
to cover all costs associated with the modification.
A2. Staff Workload Impact: An estimated 4 hours of staff and consulting time has
been spent to -date in reviewing and responding to this most recent request.
B. ALTERNATIVE ACTIONS:
1. Motion to direct preparation of an Amendment to the Contract for Private
Development between Masters 5t' Avenue and the Monticello EDA and modification
of Tax Increment Financing Plan for Tax Increment Financing District 1 -35.
2. Motion of no action.
3. Motion to table this item for additional information.
C. STAFF RECOMANNDATION:
As noted, the amendment of the contract and modification of the TIF District is a policy
question for the EDA. When the TIF district was created, it was intended to spur and
support private commercial redevelopment. If the EDA supports the proposed amendment
and modification, Alternative 91 is recommended. If the EDA wishes to proceed under the
original TIF Plan and contract as recently amended, Alternative 92 is appropriate.
D. SUPPORTING DATA:
A. Developer Request, March 18th, 2016
B. TIF Plan 1 -35, excerpt
C. TIF Management Plan, excerpt for TIF 1 -35
D. Third Amendment to Contract for Private Redevelopment
Pj
Master's Fifth Avenue, Inc.
19 577 180th Ave NW
Big Lake, MN 55309
763 - 390 -0393
March 18, 2016
TO:
Monticello Economic Development Authority
505 Walnut Street
Monticello, MN 55362
March 18, 2016
Attention: Angela Schumann
We request consideration at your meeting of April 13th to consider an
administrative change to the TIF District 1 -35 by amending the contract and TIF
plan with Master's Fifth Avenue, Inc. to add the words "11,000 square foot or
more commercial, residential or multi -use building" in place of the words "11,000
square foot retail center" in both documents.
Thank you for your attention to this matter.
Master's Fifth Avenue, Inc.
Barry D. Fluth, president
Ehlers & Associates, Inc.
Talc Increment Financing District Overview
City of Monticello
Tax Increment Financing District No, 1 -35
The following summary contains an overview of the basic elements of the Tax increment Financing PIan
for TIF District No. 1 -35. More detailed information on each of these topics can be found in the complete
TIF Plan.
Proposed action: Establishment of Tax Increment Financing District No. 1 -35 (District)
and the adoption of a Tax Increment Financing Plan (TIF Plan).
Adoption of a Redevelopment Plan Modification for the Central
Monticello Redevelopment Project No. 1. (The Modification is to
include the project activities anticipated in the District.)
Type of TIF District: A redevelopment district
Parcel Numbers *: 155- 010 - 036011 **
155- 010 -036010 **
155 -010- 036030 **
*These parcels will be combined via an administrative lot combination
by the City of Monticello
**These parcels are "Knocked Down" parcels that are being removed
from Tax Increment Financing District No. 1 -22 to be included in Tax
Increment Financing District No. 1 -35.
Proposed Development: The District is being created to facilitate construction of 11,000 s.£ of
commercial space consisting of a restaurant, office and other uses in the
City of Monticello. This project is being proposed by a local
developer. The value of the new development is estimated to be $70
per s.f. plus land costs of approximately $230,000 for an esimated
value of $1,000,000. The building will be completed in 2006 and the
assistance of land acquisition, public improvements, site preparation,
streets and sidewalks and utility costs will be funded on a pay- as -you-
go basis at a rate of 6.5%
TIF District Overview
Maximum duration: The duration of the District will be 25 years from the date of receipt of
the first increment (26 years of increment). The date of receipt of the
first tax increment will be approximately 2008. Thus, it is estimated
that the District, including any modifications of the TIF Plan for
subsequent phases or other changes, would terminate after 2033, or
when the TIF Plan is satisfied.
Estimated annual tax Up to $17,014
increment:
Proposed uses: The TIF Plan contains a budget that authorizes the maximum amount
that may be expended:
Land/Building Acquisition ............................................... $ 100,000
Site Improvements /Preparation ................... $35,000
.......................
Public Utilities .................................... ............................... $35,000
Parking Facilities ........... :................................................... $35,000
Streets and Sidewalks ......................... ............................... $10,000
Interest.............................................. ............................... $190,000
Administrative Costs (up to 10 %) .............. ........................ $45,000
TOTAL PROJECT COSTS ............... .............................45
See Subsection 2 -10, page 2 -6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter -fund loans and transfers and bonded indebtedness.
Form of financing: Financing will be primarily by a pay -as- you -go (PAYG) note.
Administrative fee: Up to 10% of annual increment, if costs are justified.
Interfund Loan Requirement: If the City wants to pay for administrative expenditures from a tax
increment fund, it is recommended that a resolution authorizing a loan
from another fund must be passed PRIOR to the issuance of the check.
4 Year Activity Rule After four years from the date of certification of the District one of the
(§ 469.176 Subd b) following activities must have been commenced on each parcel in the
District:
• Demolition
Rehabilitation
• Renovation
• Other site preparation (not including utility services such as
sewer and water)
• If the activity has not been started by the approximately
September, 2009, no additional tax increment may be taken
from that parcel until the commencement of a qualifying
activity.
Page 2
TIF District Overview
5 Year Rule Within 5 years of certification revenues derived from tax increments
ff 469.1763 Sub 3) must be expended or obligated to be expended. Tax increments are
considered to have been expended on an activity within the District if
one of the following occurs:
• The revenues are actually paid to a third party with respect to
the activity
• Bonds, the proceeds of which must be used to finance the
activity, are issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds either
are reasonably expected to be spent before the end of the later
of (i) the five year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under §. 148(c)(1) of
the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund
• Binding contracts with a third party are entered into for
performance of the activity and the revenues are spent under
the contractual obligation
• Costs with respect to the activity are paid and the revenues are
spent to reimburse for payment of the costs, including interest
on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately September, 2010, will not be eligible for repayment
from tax increments.
The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as
required pursuant to M.S., Section 469.175, Subd 3, are included in Exhibit A of the City Council
Adopting Resolution.
Page 3
TiF District Overview
MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I
AND TAX INCREMENT FINANCING DISTRICT NO. 1-35
Page 4
.Mt-M A.
Proposed Tax Incren...c Financing District No
Central Monticello Redevelopment Project N
City of Monticello
Wright County, Minnesota
Proposed Tax Increment
Financing District No. 1 -35
District 1 -35 is a redevelopment TIF district. The Dis-
trict was established to assist with the construction of
11,000 square foot commercial building. The District
was created from parcels removed from District 1 -22.
This approach established new time limits that con-
strain use of increments in District 1 -22. The tax incre-
ment from District 1 -35 is obligated to repay a $170,000
developer note at an interest rate of 6 %. The note will
end at a date no later than 2/1/2023. Ninety percent
(90 %) of annual tax increment is used to make pay-
ment on the note. The District will be decertified no
later than December 31, 2033.
The development planned for District 1 -35 has not
happened.
Actions Taken Since 2009
Funds have been transferred into TIF District 1 -35
from TIF District 1 -22 to cover administrative expenses
incurred for TIF 1 -35.
Administrative Steps
There are no outstanding administrative items
Management Strategy
The strategy for District 1 -35 focuses on using the ex-
isting district to undertake redevelopment on this par-
cel. The factors that allow the creation of a new re-
development district have been removed. A new TIF
district is not an option.
Clearance of the site satisfied the criteria of the 4 -year
knock down requirements.
Management of this District benefits from 2009 amend-
ments to the TTF Act. The limitations of the five -year
rule are extended to ten years for the District. Obli-
gations for the use of tax increments must now be in
CityNumber .......... ............................... ............ ........................................... 1 -35
CountyNumber ............................................... ............... ........................... 635
Name ........................... ............................... .......................Landmark Square 11
Type.......................................................... ............................... Redevelopment
Established......................................
............................... ........................9 /12/05
Certification Requested
.................................... .............................12 /29/05
Certified..................................................................... ............................... 8/1/06
Year of First Increment ................... ............................... ...........................2008
4-Year Knockdown
8/1/12
5-Year Rule ................................................................. ..............................8 /1/16
Decertification .......................... ............................... ..........................12 /31 /33
Original Tax Rate ....................... ............................... ........................110.297%
Original Tax Capacity Value .......... ............................... ..........................3,409
Current Base Tax Capacity Value ............................... ..........................6,068
Current (Pay 2012) Tax Capacity . ............................... ..........................2,962
Parcels.................................................................................... ............................... l
155- 010 - 036030
place by August 1, 2016.
The financial implications and options for this District
cannot be fully analyzed until development occurs.
District Summary
District 1 -35 (Landmark
Square II)
Redevelopment
43
THIRD AMENDMENT TO CONTRACT FOR PRIVATE DEVELOPMENT
This agreement is made as of December _9, 2015, by and between the CITY OF
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body politic and
corporate (the "EDA ") and MASTERS FIFTH AVENUE, INC., a Minnesota corporation (the
"Developer ").
WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello
( "HRA ") and Developer entered into that certain Contract for Private Development dated
September 7, 2005, as amended by an Amendment thereto dated as of June 7, 2006 and a Second
Amendment thereto dated as of December 18, 2007 (as so amended, the "Contract ") providing,
among other things, for the construction of an approximately 11,000 square foot retail center, with
associated parking, known as Landmark Square II (the "Minimum Improvements ") on the property
legally described within the Contract (the "Development Property ") within the City of Monticello
(the "City "); and
WHEREAS, the City Council of the City has taken the necessary steps to allocate all
powers and projects of the HRA to the EDA, and the HRA, by its Resolution No. 2007 -085, dated
October 22nd, 2008, has transferred and assigned to the EDA all outstanding contracts to which the
HRA_ is a party, including the Contract; and
WHEREAS, the Developer has requested and the EDA has determined to extend the dates
of commencement and completion of construction of the Minimum Improvements described in the
Contract.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
Section 3.4(a) of the Contract is amended as follows:
(a) Subject to the terms and conditions of this agreement, the Land Acquisition Costs will
be reimbursed to the Developer with simple interest thereon 6.50% per annum, interest commencing
to accrue on the date that the Developer complies with the cost certification requirement described
in paragraph (f) of this Section. The Land Acquisition Costs will be reimbursed by the Authority to
the Developer in semi - annual installments payable on each February 1 and August 1 ( "Payment
Dates ") commencing August 1, 2022 and concluding no later than the Termination Date. These
payments will be made from Available Tax Increment as defined in this Section 3.4 and from no
other source.
2. Section 4.3 of the Contract is amended as follows:
(c) Commencement and Completion of Construction. Subject to Unavoidable Delays, the
Developer shall commence construction of the Minimum Improvements by November 1, 2020.
Subject to Unavoidable Delays, the Developer shall complete the construction of the Minimum
Improvements by December 31, 2021. All work with respect to the Minimum Improvements to be
constructed or provided by the Developer on the Development Property shall be in conformity with
the Construction Plans as submitted by the Developer and approved by the Authority.
471894A MNIMN190 -115
3. Miscellaneous. Except as amended by this Amendment, the Contract shall remain in
full force and effect. Upon execution, the Developer shall reimburse the EDA for all out -of pocket -
costs incurred by the EDA in connection with negotiating, drafting and approval of this
Amendment.
(The remainder of this page is intentionally left blank.)
4718941 MNI MN 190 -115
Dated this 9th day of December, 2015.
Masters Fifth Avenue, Inc. City of Monticello Economic Development
Authority
By: B. 3 0 .
Its Its President
By:
Its E Director
4718940 MNI MN 190-115
EDA Agenda — 05/11/16
9. Consideration of approving a 2016 Farm Lease Agreement for Outlot F, Otter
Creek Crossing. (WO /AS)
A. REFERENCE AND BACKGROUND:
The EDA is asked to approve a lease agreement between the EDA and Tom & Matt
Spike for the farming of 13.6 acres of land at Otter Creek Crossing. The lease agreement
is consistent with the farm lease agreement entered into with the same tenant for 2015,
with exception of lease rent payment.
The lease allows the tenant access to farm the property between May 15th and November
15th, 2016. The lease land area is not irrigated and is directly adjacent to land owned by
the proposed lease tenant.
The agreement has been drafted and signed by the lease for 2016 and includes a rental fee
of $1,100. The 2015 rate was $1,300. Although the amount for lease is less than tax
payment for 2016 ($1318), it is required that the EDA establish ground cover to manage
erosion for the site. As such, farming the site is preferred for this year over an alternative
planting at this late date.
B. ALTERNATIVE ACTIONS:
1. Motion to authorize the EDA Executive Director and President to execute the Farm
Lease agreement for Outlot F, Otter Creek Crossing as drafted.
2. Motion of other.
C. STAFF RECOMMENDATION:
Staff recommends alternative 1.
D. SUPPORTING DATA:
A. Farm Lease, Outlot F, Otter Creek Crossing - Draft
B Aeriallmage
FARM LEASE
THIS LEASE (the "Lease "), made this 20t" day of April, 2016, by and between the City of
Monticello Economic Development Authority, a public body corporate and politic and a political
subdivision of the State of Minnesota (the "Authority "), and Matt and Tom Spike (the "Tenant ").
Property Descri tp ion. The Authority hereby rents to the Tenant in consideration of the
rents and promises hereinafter described the property (the "Property ") generally
described as PID 155171000060 containing approximately 13.6 acres and located along
90t" Lane next to Otter Creek industrial park. The Property is legally described and
depicted on Exhibit A attached hereto.
2. Term. The term of this Lease is for 6 months commencing on May 15th, 2016 and
tenninating on November 15th, 2016.
3. Rent. The annual rent due under this Lease is $1,100. The annual rent for the lease year
shall be payable by August 1, 2016.
4. Authority Obligations. The Authority shall peaceably allow the Tenant to occupy the
Property for normal and customary farming practices. The Tenant shall have reasonable
access to the Property 24 hours per day, seven days per week for such purposes.
5. Tenant Obligations. Tenant shall be responsible for paying or doing the following:
a. The Tenant shall occupy the Property for agricultural purposes only. The Tenant
agrees to use normal and customary farming practices in the care and maintenance of
the Property and, without limiting normal practices, keep the Property free of noxious
weeds to the extent possible;
b. The Tenant agrees to comply with all statutes, ordinances, rules, orders, regulations,
and requirements of the federal, state, county, municipal and other units of
government regulating the use of the Property;
402309v1 MNI MN190 -101
c. The Tenant shall allow access to the Property by the Authority and its agents during
all reasonable hours for the purpose of examining the Property to ascertain
compliance with the terms of this Lease and for any other lawful purpose;
d. The Tenant shall not remove or move any existing structures or improvements made
to the Property by the Authority. The Tenant may not store equipment on the
Property for periods exceeding one week without coordinating such storage with the
Authority;
e. The Tenant shall not commit waste on the Property;
f. Tenant shall refrain from using or applying any chemicals or products on Property
which contains phosphorous;
g. The Tenant shall plow back the Property prior to the termination of this Lease; and
h. This Lease does not entitle Tenant to allow or authorize use of Property by any party
for recreational purposes, including but not limited to hunting or the riding of all
terrain or similar recreational vehicles.
6. Independent Entities. The Authority does not retain the Tenant as an agent of the
Authority. The Tenant does not retain the Authority as an agent of the Tenant. The
Authority shall not provide to the Tenant, its agents or employees, any benefits or
expenses, including, but not limited to, insurance for liability or property, or ordinary
business expenses.
7. Costs associated with Lease. The Authority is not responsible for paying any of the
Tenant's costs associated with this Lease, including preparation of the Property for
farming. The Tenant shall pay all costs related to farming the Property, including the
cost of plowing the Property back prior to the termination of this Lease.
8. Insurance. The Tenant shall acquire and maintain property and liability insurance
adequate for the Tenant's use of the Property. The Tenant shall provide proof of
insurance upon request by the Authority. The Tenant, while performing any service or
function related to this Lease, agrees to indemnify, hold harmless and defend the
Authority and all its agents and employees from any and all claims, demands, actions or
causes of action of whatever nature or character arising out of or by reason of the
execution or performance of this Lease or use of the Property.
9. Assignment and Sublease Prohibited. The Tenant intends to farm the Property himself.
The Tenant agrees that no assignment or sublease of the Property shall be effective
without the prior written consent of the Authority.
10. Surrender of Possession. The Tenant shall surrender the Property to the Authority in
good condition and repair upon termination of the Lease, whether by lapse of time or
otherwise.
402309vl MNI MN 190-101 2
11. Termination Prior _to Expiration. The Authority may, at any time after providing 90 days'
written notice, terminate this Lease and take possession of the Property for any purpose
deemed in the best interest of the Authority. The Authority shall allow the Tenant to
remove crops with normal and customary fanning practices or, if time does not so allow,
return all rents paid for the year plus $500.
12. Remedy. If the Tenant fails to pay the rent when due or fails to perform any of the
promises contained in this Lease, the Authority may, after furnishing the Tenant with a
30 -day written notice specifying the default, re -enter and take possession of the Property
and hold the Property without such re- entering working a forfeiture of the rents to be paid
by the Tenant for the full tern of the Lease. If default occurs during cropping season, the
Authority will harvest any and all remaining crops and apply proceeds from the sale
thereof to any rent payment due or other outstanding obligations of the Tenant to the
Authority.
13. Tenant's Default. In the event of one of the following acts, the Tenant shall be in default:
a. The Tenant fails, neglects, or refuses to pay rent or any other monies agreed to be
paid, as provided in this Lease when those amounts become due and payable, and if
such failure continues for five days after written notification by the Authority;
b. Any voluntary or involuntary petition or similar pleading, under any section of any
bankruptcy act shall be filed by or against the Tenant or should any proceeding in a
court or tribunal declare the Tenant insolvent or unable to pay debts;
c. The Tenant fails, neglects, or refuses to keep and perform any other conditions of this
Lease and if such failure continues for a period of 30 days after written notification
by the Authority; or
d. Should the Tenant make or attempt to make any assignment or sublease of any
interest in the Lease or the Property without the prior written consent of the
Authority.
In the event of any default or violation of this Lease continuing more than 30 days after
written notification of default by the Authority to the Tenant, the Authority may
terminate the Lease and enter into and take possession of the Property. Possession of the
Property in these conditions does not relieve the Tenant of the obligation to pay rent and
abide by all other conditions of the Lease.
In the event of any default or violation of the Lease continuing more than 30 days after
written notification of default by the Authority to the Tenant, tennination of the Lease
and possession of the Property by the Authority, the Authority may lease the Property to
another party without further obligations to the Tenant.
4023090 MNI MN 190 -101 3
14. Loss and Damage. Tenant assumes and bears the risk of all loss and damage to the
Property from any and every cause whatsoever, whether or not insured, except in the case
of gross negligence or intentional misconduct on the part of the Authority, its employees,
agents or contractors. No loss or damage to the Property or any part thereof shall impair
any obligation of Tenant under this Lease and the Lease shall continue in full force and
effect unless Tenant is unable to use the Property for the purposes intended under this
Lease.
15. Limitation of Warranties and Liability. In no event shall the Authority be liable for
special, incidental or consequential damages, including but not limited to lost profits, lost
business opportunity, or damages related to Tenant's use or intended use of the Property.
16. Lease is Binding— This Lease shall be binding upon the parties hereto and their heirs,
successors and assigns.
17. Notification. Notices related to this Lease shall be sent to the following addresses:
a) As to the Authority: City of Monticello Economic Development Authority
505 Walnut Avenue, Suite 1
Monticello, MN 55362
Attn: Executive Director
b) As to the Tenant: Matt and Tom Spike
or to such other address as either party may notify the other of pursuant to this section.
18. Entire Lease. It is understood that this Lease contains all agreements, promises, and
understandings between the Authority and Tenant regarding the subject matter hereof.
This Lease supersedes any prior agreements between the parties regarding the subject
matter hereof and any prior lease related to the Property. No modification to this Lease is
binding unless made in writing and signed by the Authority and the Tenant.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
x**** ,c : *r,.*4:is** ** *
4023090 MNI MN190 -101 4
EXHIBIT A
Legal Description and Depiction of Property
Outlot F, OTTOR CREEK CROSSING, Wright County, Minnesota
, Aw
402309v I MN I MN 190-101 A-1
Ak
V;r N-
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By:
President
By:
Executive Director
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of May, 2016 by
and , the President and Executive Director, respectively, of the
City of Monticello, Economic Development Authority, a public body corporate and politic and
political subdivision of the State of Minnesota, on behalf of the political subdivision.
Notary Public
402309v1 MN1 MN190 -101
[Name of Tenant]
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me thj0j� day of April, 2016 by
Tenant.
Notary F� lic x
Elizabeth Ellen Green
Notary Public
Minnesota
qVMY Commission Expires January 31, 2017
402309vl MNI MN190 -101 6
Subject Parcel MaY4, 2016
1 inch = 752 feet
City Boundary
Source: Esri, DigitalGbbe, GeoEye, Earthstar
Geographics, CNES /Airbus DS, USDA,
�Moi�Ao USGS, AEX, Getmapping, Aerogrid, IGN, IGP,
swnsstopo, and the GIS User Community
Map Poweredby DataLink
from WSB &Associates
EDA Agenda — 05/11/16
10. Consideration of discussion rmardim protective covenants for Outlots E and F,
Otter Creek Crossing. (AS)
A. REFERENCE AND BACKGROUND:
The EDA is asked to review past documentation for future application of protective
covenants for Outlots E and F, Otter Creek Crossing.
This discussion is being brought to the EDA as there has been additional interest in
industrial development within Monticello which would include limited accessory use
outdoor storage. Staff has recently been contacted by two prospects interested in locating
or expanding in Monticello, both with some interest in the Otter Creek area.
In reviewing covenant documents in place for Otter Creek, it does not appear that current
covenants recorded for Otter Creek Crossing (and the subsequent plats through Otter
Creek Crossing Fourth Addition) apply to ether Outlot E or F. However, a brief review
of HRA and Planning Commission documents related to Otter Creek provide indication
that the intent was to apply these covenants to the full Otter Creek industrial park area.
The EDA is asked to comment on the intent to continue the covenants through to Outlots
E or F, Otter Creek Crossing.
In discussing available industrial sites in the community relative to prospect interest, the
current inventory of industrial lots in Oakwood Industrial Park have not met the square
footage or width requirements of the prospect users. Given their need for limited
outdoor storage, the covenants in place at Otter Creek also prohibit these prospects from
locating in the areas of Otter Creek Crossing outside of Outlots E and F.
Land Availability —Background Information
As an additional resource for the discussion, staff is providing the EDA with background
information on the currently available industrial land in the community, as well as
information on the remaining available lots and outlots in Otter Creek business park.
For Otter Creek, Outlot E is currently accessible from the existing cul -de -sac on Dalton
Way. The parcel is 41.82 acres in total, but only approximately 27.4 acres is developable
given the large wetland complex within the outlot. For past marketing efforts, a
conceptual plan was prepared showing a mix of lot sizes (for illustrative purposes only)
as well as an example road /utility extension to serve the lots. Outlot F is approximately
13 acres and is currently accessible from 90th Street.
In total, the City has approximately 111 acres of available property that is both guided
and zoned for industrial uses, and which is served by City roads and utility services. This
includes a mix of private and publicly owned lands. Staff welcomes additional questions
or comments on industrial availability.
B. ALTERNATIVE ACTIONS:
No formal action required. Staff is seeking EDA feedback on the desire to extend
covenants to Outlots E and F in the Otter Creek Business Park.
C. STAFF RECOMMWNDATION:
Given the goals of the comprehensive plan for high -end development in all sectors, and
the original stated purpose for Otter Creek business park, staff believes that extension of
the covenants to Outlots E and F is consistent with past actions. Previous discussion and
actions of the HRA, and zoning actions of the City seem to support continuation of the
covenants. Furthermore, extension of the covenants to the full area of the publicly owned
land at Otter Creek would be consistent with the development of parcels in other areas
within the park. Lastly, the character of the land in the remaining area, given the
proximity to residential, wetland feature and visibility to Chelsea Road and future School
Boulevard support continued extension of the covenants to Outlots E and F.
The covenants may be recorded at the time of the next development within either of those
outlots.
However, if the EDA may be open to a limited amount outdoor storage with strict
screening and landscaping requirements on a project -by- project basis for the Outlot E and
F areas, it would be helpful to staff to understand that possibility for purposes of
marketing the property.
D. SUPPORTING DATA:
A. Declaration of Protective Covenants, Conditions, and Protections for Otter Creek
Crossing Yd Addition
B. Plat of Otter Creek Crossing Third Addition
C. Preliminary Site Plan — Otter Creek Outlots
D. Industrial Land Availability
E. Past City Board Minute and Agenda Information
.,
IM61—
Doc. No. A 1042017
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
02 -05 -2007 at 02:00
Check #: Fee: $ 46.00
Payment Code 04
Addl. Fee
Larry A. Unger, County Recorder
(Reserved for Recording Information)
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, AND PROTECTIONS FOR
OTTER CREEK CROSSING 3RD ADDITION
THIS DECLARATION is made by the CITY OF MONTICELLO, a
Minnesota municipal corporation ( "Declarant ").
WHEREAS, Declarant is the fee owner of real property in the City of Monticello,
Wright County, Minnesota, legally described as Lot 2, Block 1, Outlots A, B, C, D, and
E, Otter Creek Crossing 3rd Addition ( "the Property'), and
WHEREAS, Declarant has granted the Housing and Redevelopment Authority
(hereinafter referred to "HRA ") the authority to administer these protective covenants;
and
WHEREAS, Declarant desires to establish covenants, conditions, and protections
which will benefit the Property for the purpose of facilitating development of the
Property and for the purpose of protecting and preserving the value and desirability of the
Property; and
WHEREAS, all Property Owners are advised that they will be expected to abide
by the protective covenants hereby established by Declarant. These standards are
intended to assure the integrity of the Property and protect property values and adjoining
property uses.
THEREFORE, BE IT RESOLVED THAT, the Declarant declares that the
Property, shall be used, occupied, and conveyed subject to the covenants, conditions, and
protections set forth in this Declaration, all of which shall be binding on all persons
127863
Return to:
City of Monticello
Attn: 011ie Koropchak
505 Walnut Street Suite
Monticello MN 55362
owning or acquiring any right, title or interest in the Property and their heirs, personal
representatives, successors and assigns.
1. DEFINITIONS:
127863
SECTION 1
1.1 "Declarant" shall mean the City of Monticello.
1.2 "Improvements" shall mean all structures and other construction on a lot or
parcel for use permitted by the zoning ordinances of the City of Monticello,
including, but not limited to, buildings, outbuildings, parking areas, loading
areas, outside platforms and docks, driveways, walkways, fences, Iawns,
landscaping, signs, retain walls, decks, railroad tracks, poles, berms and
swales, and exterior lighting.
1.3 "Lot" shall mean a portion of the Property identified as a lot on a
subdivision plat prepared in accordance with Minnesota Statutes, Chapter
505, and filed for record in the Wright County Recorder's Office.
1.4 "Occupant" shall mean any person, other than an owner, in possession of a
lot or parcel.
1.5 "Owner" for purposes of this Declaration shall be the Declarant and its
successors as recorded fee simple owner of any part of the Property. For
purposes hereof, if any part of the Property is sold under a contract for deed
or leased under a ground lease, the contact for deed purchaser ( "Vendee ")
and/or ground lessee shall be deemed the Owner in lieu of the record fee
simple owner, provided however, that for purposes of amending or
modifying this Declaration, the fee simple title owner and the Vendee
and/or ground lessee, as the case may be, shall jointly all be deemed the
Owner.
1.6 "Person" shall mean a natural individual, corporations, limited liability
company, partnership, trustee, or other legal entity capable of holding title
to real property.
1.7 "Property" shall mean all of the real property submitted to the provisions of
this Declaration, including all improvements located on the real property
now or in the future. The Property as of the date of this Declaration is
legally described as Lot 2, Block 1, Outlots A, B, C, D, and E, Otter Creek
Crossing Yd Addition, Wright County, Minnesota.
2
SECTION 2
2. STANDARDS FOR CONSTRUCTION AND MAINTENANCE
2.1 Minimum Standards
The minimum standards for the construction, alteration, and maintenance of
improvements on the Property shall be those set forth by the City of
Monticello and any other governmental agency which may have
jurisdiction over the Property. All improvements on the Property shall
conform to the then existing building codes in effect for the City of
Monticello and shall be in compliance with all laws, rules and regulations
of any governmental body that may be applicable, including, without
limitation, environmental laws and regulations. Where the following
restrictive covenants are more stringent than the zoning ordinances, other
laws and regulations of the City of Monticello or any other applicable
government agency, the restrictive covenants contained in this Declaration
shall govern and become minimum standards by which the improvements
and maintenance of them shall be controlled.
2.2 Use
No outdoor storage is allowed. On all lots, no owner or occupant shall
store materials, equipment, or items outside of any building. The following
exceptions are not to be considered storage, and may be located outside in
compliance with other applicable regulations:
a. Passenger vehicles and light trucks parked in compliance with the
City of Monticello zoning regulations.
b. Parking of company vehicles, including trucks, vans, and other
similar vehicles, except that semi - tractors and trailers may only be
parked in the side and rear yards.
C. Semi- trailers located in designated loading docks.
d. Trash handling equipment.
2.3 Building Quality and Materials
No building shall utilize metal or steel sidewall building materials with the
exception of architectural panels that do not exceed ten percent (10%) of
the sidewall surface area.
127863 3
2.4 Landscaping Irrigation System
On all lots on which a building is proposed to be constructed, the owner
shall, prior to occupancy of the building, install in- ground landscaping
irrigation between the front building Iine and the public street. This
requirement shall also apply to the side lot areas of corner lots which face a
different street. In the case of rear lot areas that front on a public street, the
owner shall install landscaping irrigation for all landscaped areas within
fifty (50) feet of the public street. The irrigation system shall provide
adequate water to all landscaped areas, including lawns, shrubs, trees,
flower beds, or other similar features. This requirement also applies to the
"boulevard" portion of the public right of way between the owner's
property line and the curb line of the public street.
2.5 General Exterior Maintenance
Each owner and occupant of a lot shall fully and properly maintain and
repair the exterior of any structure located on such lot in such a manner as
to enhance the overall appearance of the Property. The exteriors of all
buildings and the parking, driving, and loading areas shall be kept and
maintained in a good state of repair at all times and be adequately
maintained. All lots shall be kept free of debris of any kind and all
landscaping must be kept in good repair. All landscaped areas shall be
graded to provide proper site drainage. Landscaped areas shall be
maintained in neat condition, lawns mowed, and adequately watered in
summer, hedges trimmed, and leaves rakes.
2.6 Construction
Construction or alteration of any improvement on a lot shall be diligently
pursued and shall not remain in a partly finished condition any longer than
is reasonably necessary for completion of the construction or alteration.
The owner and occupant of any lot upon which improvements are
constructed shall, at all times, keep the lot and streets being utilized by such
owner in connection with such construction, free from dirt, mud, garbage,
trash, or other debris which might be occasioned by such construction or
alteration.
2.7 Noxious Activities
No trades, services, activities, operations, or usage shall be permitted or
maintained, nor shall anything else be done which may be or may become a
nuisance to owners or occupants, or offensive or detrimental to the Property
by reasons of:
a. Unsightliness, or
127863 4
b. The emission of fumes, odors, glare, vibration, gases, radiation, dust,
liquid wastes, smoke or noise or a nature and quantity prohibited by
applicable laws.
2.8 Temporary Structure
Trailers, temporary construction buildings, and the like, shall be permitted
only for construction purposes during the period of construction or
alteration of a permanent building. Such structures shall be placed as
inconspicuously as practical and shall be removed not later than thirty (30)
days after the date of the substantial completion of the building.
2.9 Loading Docks
No loading dock shall face either Dalton Avenue or Dalton Way.
SECTION 3
3. GENERAL TERMS
3.1 Nature and Term
The protective covenants hereinafter set forth shall be considered as
covenants running with the land, to be binding on all persons claiming
under them and run for a period of thirty (30) years from the date of filing
with the Wright County Recorder's Office at which time the protective
covenants shall be automatically renewed for successive periods of ten (10)
years unless, prior to the renewal date, the owners of eighty percent (80 %)
or more of the lots agree in writing that the covenants shall terminate at the
end of that period.
3.2 Amendments
This Declaration may be amended, modified, or terminated by an
instrument in writing, executed by the Owners of eighty percent (80 %) of
the lots. Each lot shall be considered to have one vote. An instrument
executed in accordance with this section shall be effective when filed for
recording with the Wright County Recorder's Office.
3.3 Severability
If any term, covenant or provision of this instrument, or an exhibit attached
to it is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to alter, affect, or impair, in any manner
whatsoever, any other portion of this document or exhibits.
127863 5
SECTION 4
4. COVENANT ADMINISTRATION
4.1 Enforcement
The Declarant, HRA and the owner of any lot shall each, either acting
separately or in common, have the authority to bring action for specific
performance or injunctive relief to enforce any protective covenant
contained herein.
4.2 Adoption
These Protective Covenants become effective upon their execution and
recording by the Declarant.
CITY OF MONTICELLO
r A ` '� By: r�/A' .
Clint Herbst, Mayor
By: /L�
'Neill, City Administrator
STATE OF MINNESOTA )
)SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 23rd day of
October , 2006, by Clint Herbst and Jeff O'Neill, the Mayor and City Administrator,
respectively, of the City of Monticello, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
THIS INSTRUMENT DRAFTED Bv:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
TMS /cjh
Notary Public
[SAWN M, GROSSINGER
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
127863 6 104201'
FICIHL PL
OTTER CR��1YCRO .�S'.�S'ING31Pl>fll>I�ITION
KNOWALL MENBYTHESEPRESENTS. That the CiryafMonOCe //a, a Minnesota Municipal
Corp— b-,,f eeoxnerof# efolAwingdescdbedpmpftysdmiedin Ore CoumyofWngh1 ,5Yateof
/ berebycetiythatlharesurveyadandp ltAgdMepropedydesenbedw 8ispialas OTTER CREEK
PLANN/NG COMMMSUN
Minnesota 0 colt
CROSS /NG3RDADD /T /ON, MafOtis puts a m�dmpmsen66an ofsaidwney, Oral
atdiat. —are ca -Wys"n in feet andhuW—Ws ofa foot Mafa / /monuments ha. been cofrecOy
7hsp/alofOTTERCREEKCROSS /NG3RDADD 177ON waa pPmvadbyld Pkmrmg Commss=offt
p/aoedin thegmundas shown orwfi /bep/acadas Wu/radby Ois kra /gVe Mnfafun#,, that the
CifyafMonticv //a, Mimresofa atafegu/ar
onside boundarylines am cronectydesgnatedon saidp/ afaMOrallfaere arc lw wel/afMsas deArred
- aairghefdMSIS} dayol NOVe�w6tr. 200
A//ofOtMOTB, OTTER CREEKCROSSING, acowWng to saidp/at on Ole and ofrecord in the
by MS 505.02, Subd f orpuM/c hghways to be desk tedaOlerfhan asshown.
office ofthe CountyRecmde, Wright County Minnesota.
BJ' Chairman
Andaso:
Y'.
Steven V. tsdie, LandSarvoysr
7hat pad ofOU7LOTE, OTTER CREEKCROSS/NG, aanNing to said plat on Ole andofrcrirdin
Minnesota License No 22703
Ore o/fxa ofthe CountyRecoNer, Wright County, Minnesota, descnbadas fo /lows: Beginning at the
C17YCOUNC /L
most easterly comerof a Bl 1, ack 1, OTTER CREEKCROSS/NG 1STADD177ON, a—drg to said
plat on file and ofm=dm the of5 ofthe CountyRewrder, Wright County, M/ le,, thence
STATE OFM /N (ES 0rA
Pas P& of0TTER CREEK CROSSING 3RD ADD /TION was �adands ptedbyft C�Oy Coumv /of
South4ldegnees02minutesl7secnnds West,assumedbeadgga/ong Ores to eakvfy /imofsaid
COUN7Y0F4hpAu0 C
the CdyofMontoa//o, Minnesota at a Wille,meaft =-- M,,- yof
Lot f, 434.31 feet thence South 40 degmes 53minutes f6secon ds East 507.03fee4- thence North
41 degmes 02 minutes 17—nds East, 434.31 feet to Ilia northeastedy/ine ofsaid OUTLOTE;
thence North 40 degmes 53 minutes f6secnrrds West, along saidnoftheas ta*19ire, 50703feet to
The &Wmng Surveyor's Caf foafe was ackroakdgodbefofa me
this t0 day f fttnbCY , 200&,bySfeven V. /sdhe,Land
BY., t/L-/- BY,
the point ofbeg/nning
Surveyor, Minnesota License No. 22703.
Cant Herbst Mayor Rick Wofate//er CiyAd ' &&star
Andalso:
77at part ofOU7LOTE, OTTER CREEK CROSSING, - coming to said prat on file and ofmoodin
Me ofrcn ofOie CountyRecorde, Wright County, Minnesota, despfbedas fof/aws: Beg/nningat the
most so Y-tvcnmerorOutbtA, OTTER CREEK CROSSING 1STADDIT /ON, acconfirg to sadp/ t
on ft and oftecmdin the ofice ofthe CountyRecome, Wrgh1 County, Minnesota; thence South 41
degnaas 02 minutes 17 seconds Wesf assumedbeadrg ahoy the southwe916*exten0on ofthe
southeastedyline ofsafd Ov9WA, 512.69 feet to the west tithe ofsaid OUR 0T E; thence North 00
degrees 49 minutes 08 seconds Wesf akug said west tine, 68683 feet to the southwest-IYMe of
sad OUTLOTA, thence South 49degmes 07runates 40 seconds East, along mid southwestedytm,
458.31 feet to the point ofbag /nang.
Andaso
77a1 pad ofOU7LOTC, OTTER CREEKCROSSING2NDADVI7l0N, an—dirgto said plat on Ole
ardof- -din the oifi of&.0 nntyRaawde, Wrght County Minnesota,OL—Atedes W-
Beginning at the most westedycomarofsaidOUTLOTC, thence Nodh 38 degrees 32 minutes 17
seconds East aswmedbesmgalong the nodhwesAs*12ne ofsaid OU77 OTC, 24471aet! hence
South 42dL%; a 30m/nutes 10sacnnds East, 135.91 feet to the souff w tedYline ofsa/dOU7LOT
C, grence North 52degfees 47mmutes 5f seconds West aongsa d—ffiwasiedy /ire, 13528 feet
to the pant ofhcginnng
Has caused the same to be su— y.dand p/atfedas OTTER CREEK CROSSING 3RD ADD /TIONand
does hembydonate, anddadaate to the public forpub //c use fae per the t moughfares, w /de sac's
and the oasemens as shown on Otis plat for d. -Ile and ut /iYy p Moses any
In w/bhess whereof, wdCAyofMOnbae/1o, a Minnesota Mumaina/ Caryoraton
has caused these prawns to be sgnedbyits pmperoffl r
the 1 b'0ti dayof0t+0kY, 2006. %J f
BY.'
lint Herbst, ay- Rick Wasta /e,, C' Adm/nsbahlr
STATEOFM/NNESOM
COUNTYOF �afNAq�A
The famgoirginsbumam was aaknow /edgedbefore me Missy oayof C)cAdncY, 2001a by C/nt
Hl bst, Mayo, aWR/ct WO&talfe, CityAdminsfmto, offhe C/tyofMOnbceto, a Minnesota Minrdpa/
Cogionnon on! hatoftha jo —fion
Notary Pat /M., 1hf M�9hi County, Minnesda DAWN M. GROSSINGER
My Commission Fapims: .1010maP�sbr�+,�31, m�a
On �� \e.by. COy bS Moilce.�lo
IfiaA 4 MOAAA tAIJf~
NotaryPub1. 6hjdUogf County, Mnnesota
MYComm- MEryfms: et6tdm
DEANDA MAIM 'N
XMF50is
COtfNTYSURVEYOR
E— nedardracommendadforapP. -Iths It odayor C.MSEt ,2001.
County Surveyor, Wright County, Minnesos
COUNTYAUD ?OR
Taxes paid Axa / /yeaia through year 0 S and bansferentered
td6 /sr dayOfAleuembER ,200.
hy'R.,./,tR3171
CounttrAUdimr, Wrght Count. MOM Is
COUN7YTREASURER
/herebycom7ythat taxespayable in bSeyear �0nr. on /ands hemfn
oesdibed am paid � s / i r day ofA6, �, �: n,•�;; 200.
?r- W7✓g'h:t County M. ,wsf1a,p. i
Co unty T r , 1 11- .r ep
f O
COUNTYRECORDER
/hembycerW ibat ths fastmment was filed in the oiffce ofthe County RanmYArformcmd ths LV_day
of&LVL.L ,200k,, at z•.°° oc/oc* P.M, andwaedu/YmcoMadm Cabinet fo
Sleeve 1481 ,as Document Number /03141% .
flyz LT
L:ountyRecmde, 4 ighl Coun ,Minnesota
6 5(a °D ry--A $l0 5-)
AB
CJPF /CTRL PLRJ
-- r— "E��,,;,,l 200, Fl6 ,osn;,=;� OTTER C1P��1YCRO�SSING3RI>f1I�l�ITION
,n(If 0 N 4G9,B4J
-- - 58494.44.E
•, z�D ae
NORTH LINE OF - -i�
\ ou "C' e OrrER I °o -�
"W 825 B25 �` CREEK CROSSING
pa ��
O I I
]oo
OUTLOT A
W RI —12 /oaY dro /n oge onr: vtTty eosem en r- - s ��\ ��`
Z I i I I tlD °STD \
I_WEST CORNER
' I SEC. 10• WE 127 E� e1 f L T
cASne, CHT'CO i pQ
do e0 c�v \
I% �,� 1 .b7 p •yh %
VP -_ NNY ]H LANE OF NE VI V A SS
Z41. 00 1 OF I /\ HE sw RTC 10
�3� 1^ T 121 R 25
! { 307 41.__
-
rveR- 6800`Jl.��� \ 5i x`28 2 • -_ - \ \\�
rF -12' od= 1,342455•;.,
' -- OUTLOT E
W L= 159.53 '1
v 4 442455
z N -21 26 E 3
= o- h \ �- t, 970 +.` ! / - P ooh k�
LOT 21 = •o F'- i a me° �.oti �g °1 y` i
LOCK 1
�,
w �l, c n 1 - =\ PTA %t 1 i tom' . °oEO`5 J•*o �e`v `'
OUTLOT C -
6 xo S�` h
o o gYe� y <o�
� o �° OUTLOT D
�� - 4= 464242•• Oc O, � 1
s'd �`\
VICINITYAI"
Not To Scale
Section 10, Township 121, Range 25.
_ R
DIE �.
f
r
Ie _, 41.; I � 0 I 1NE D CRDS
N60'1622 "W._ -'�.. t
tio�
m.
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O
NN
�
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S6 38�
{36613
4 >
_
-
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OUTLOT C -
6 xo S�` h
o o gYe� y <o�
� o �° OUTLOT D
�� - 4= 464242•• Oc O, � 1
s'd �`\
VICINITYAI"
Not To Scale
Section 10, Township 121, Range 25.
_ R
DIE �.
f
r
-; � h h - rF
_ BLOCK 1 ry 11 w oo 9 ------------ - - -- _ P
R I �•h � 0 I _ _ OFOinoye : - —
II
Q o
I
m
I� 1
w�2 62 OUTLOT B
p,
-- ----------- fool dra,noge and uul,ty eosemmt ----- -
So
q o 80 00 �I
GO
w S
o Z Z WEST LINE OF OUTLOT o�
@ E•
K�j p M OTTER CREEK CROSS /NG AOON
9 l"
____ - _______
L-- .,, -L: _]59.99 -�l -NORTH TINE OF SE r <OF P-lE\
- - -_____ 80.01 491.01 SW a SFC 70 T 121 R 25 os3o 1
_ - ____ _ ±____1___________ l
--- _ -
�� 'Oc /ICCLoTi Poml � \ \, f
��� 1337.02
oen �u 9 m me lest > 588'54'20 "E _
J \;� SOUTH LINE C CUTLOT BSI ,1 ��� SE COR OO SIN B OTTER --
04 & "03° OTTER CREEK CRO55 /P✓G 1331.02 I'� CREEK CRO55 /NC \ Il �
\ _
GRAPHIC SCALE
6 II
6
DRAINAGE AND UTILITY EASEAT NTS ARE SHOM THUS
' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
R_T OF 'A' S SHOWN ON THE PLAT.
FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
48 I AMI
N60'1622 "W._ -'�.. t
tio�
O
45p0,'
Y" _
S•L Y CON
Z Y
_ z
zT_i O
<Y,qr � � p
CREEK CROSSING
LOT 1
a z
os2� >r
p�5 N�6 0
0�. l
-- ----------- fool dra,noge and uul,ty eosemmt ----- -
So
q o 80 00 �I
GO
w S
o Z Z WEST LINE OF OUTLOT o�
@ E•
K�j p M OTTER CREEK CROSS /NG AOON
9 l"
____ - _______
L-- .,, -L: _]59.99 -�l -NORTH TINE OF SE r <OF P-lE\
- - -_____ 80.01 491.01 SW a SFC 70 T 121 R 25 os3o 1
_ - ____ _ ±____1___________ l
--- _ -
�� 'Oc /ICCLoTi Poml � \ \, f
��� 1337.02
oen �u 9 m me lest > 588'54'20 "E _
J \;� SOUTH LINE C CUTLOT BSI ,1 ��� SE COR OO SIN B OTTER --
04 & "03° OTTER CREEK CRO55 /P✓G 1331.02 I'� CREEK CRO55 /NC \ Il �
\ _
GRAPHIC SCALE
6 II
6
DRAINAGE AND UTILITY EASEAT NTS ARE SHOM THUS
' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
R_T OF 'A' S SHOWN ON THE PLAT.
FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
48 I AMI
GRAPHIC SCALE
6 II
6
DRAINAGE AND UTILITY EASEAT NTS ARE SHOM THUS
' AND AOUaNIHN LETOUN•ES NANO 12' INR-, UNLESS
OTHERWSE DI AT DA AND ADA,INING FLAT AND
R_T OF 'A' S SHOWN ON THE PLAT.
FOR TIE PURPOSES OF THIS FLAT '"' *"T UNE
OF THE NW 1/4 OF THE SW 1/4 SEC 10 T. 121 R. 25
IS ASSUMED TO DEAR Sm TYSG"E
0 DNOTES FOUND IRON MONUMENT
O ONE YEAR /; 19CO IDING OOF'TTHE PLAT, DE SET WITIIN DENTS
DENOTES FOUNDENWGHT COUNTY CAST IRON MONUMENT
48 I AMI
X51
AVR SITE
(14.5 ac)
I I
1 �166 POWERLINE
�\ EASEMENT
\ *
G. EASEMENT
707 Xenla A i— -51111-
ll., N 5
Mlnneapa4s, MN
wwor.wabeng.wm
16NNNG N TRUC-ION
\ MFlN5IRUCTlA4E ENGINEERING RANNNGCQ15iRi�T10N
K:701988A3 \�faJiFwM1IM61MaM 6.is Gntu Int flg 1d9, 9G 411 /16011 —:3 PM
(4.6 ac) \
.yt��P EASE ENT
ER (f
KARLSSUR6
(3.7 ac)
f
DRAINAGE
�2GG'POWERLINE
EASEMENT
EASEMENT
�� y
OUTLOT
' (12.6 ac)
OND
(6.9 dev ac)
—�
a \
�� <e
OUTLOT
WALKEE
INSTOR1E V v
(5.3 ac}
(4 3 dev aO)
(5.8 ac)I A,
v
I P °r° I
\�
— DRAINAGE
EASEMENT
4
AVR SITE
(14.5 ac)
I I
1 �166 POWERLINE
�\ EASEMENT
\ *
G. EASEMENT
707 Xenla A i— -51111-
ll., N 5
Mlnneapa4s, MN
wwor.wabeng.wm
16NNNG N TRUC-ION
\ MFlN5IRUCTlA4E ENGINEERING RANNNGCQ15iRi�T10N
K:701988A3 \�faJiFwM1IM61MaM 6.is Gntu Int flg 1d9, 9G 411 /16011 —:3 PM
(4.6 ac) \
.yt��P EASE ENT
ER (f
OUTLOT
(19.2 ac)
(17.0 dev ac)
CEMETERY
\
MONTICELLO BUSINESS CENTER
CITY OF MONTICELLO
_= I
LEGEND
FUTURE ROAD
— - - — POTENTIAL FUTURE LOT LINE
EXISTING EASEMENTS
IN Novembx11,20t1
Figure Number 1
\ 4
OUTLOT
\ � (6.4 ac)
(4.8 dev ac)
\
z
OUTLOT \ V 2 A�20G' PONIEAL
EASEMENT
(5.5 dev ac) \ o \
491 \
\
(1
OUTLOT
(19.2 ac)
(17.0 dev ac)
CEMETERY
\
MONTICELLO BUSINESS CENTER
CITY OF MONTICELLO
_= I
LEGEND
FUTURE ROAD
— - - — POTENTIAL FUTURE LOT LINE
EXISTING EASEMENTS
IN Novembx11,20t1
Figure Number 1
CITY or
h cello Destination for Innovation
Updated: 4/2016
- -h
1W
_ J
Legend
Privately Owned Properties - Guided Industrial
- City Owned Properties - Guided Industrial
PID
Owner
1. 155- 194 - 000010
City of Monticello
2. 155- 191 - 000020
City of Monticello
3. 155- 223 - 000010
City of Monticello
4. 155- 194 - 000010
City of Monticello
5. 155- 194 - 000020
City of Monticello
6. 155- 171- 000050
City of Monticello
7. 155-194-000040
City of Monticello
8• 155 -185- 000010
City of Monticello
9. 155- 171- 000060
City of Monticello
10. 155- 018 - 003020
Kenneth & Teresa Spaeth
11. 155- 143 - 001020
Monticello Industrial Park Inc
12. 155- 038 - 001060
Schultz & Schupp LLC
13. 155- 018 - 002070
Standard Iron
Size (Acres)
2013 Taxes
Zoning
10.87
$0.00
I -1
1.83
$0.00
I -1
5.28
$0.00
I -1
4.99
$0.00
I -1
6.67
$0.00
I -1
16.1 Dev
$0.00
I -1
5.01
$0.00 _
-I -1
2.32
$0.00
I -1
13.67
$0.00
A -0
4.39
$4,452.00
I -2
7.25
$4,164.00
IBC
1.18
$3,302.00
I -1
4.5
$5,948
1 -2
MINUTES
REGULAR MIEIETRNG' - MONTICELLO PLANNING COMMISSION
TUESDAY, DECEMBFR 7 ", 2004
6:00 P..1YIi
Commissioners Present: hick Frie, Richard Carlson, Rod Dragsten, 1,loyd Hilgart, and
William Spartz
Council liaison: Glen Posusta
Staff: Jeff O'Neill, Fred Patch, Steve Grittman - NAC, and
Angela. Schumann
I. Call to order.
Chairman Frie called the meeting to order and declared a quorum.
2. Approval of the minutes of the regular Planning Commission meeting held Monday,
November 1 st, 2004.
MOTION BY COMMISSIONER DRAGSTEN TO APPROVE THE MINUTES OF
MONDAY, NOVEMBER 1", 2004.
SECONDED BY COMMISSIONER SPARTZ.. MOTION CARRIED.
3. Consideration of adding items to the agenda.
Commissioner Dragsten requested that an update on the setback issues related to "Timber
Ridge.) be added as item number 8.
Koropchak brought to the Commission's attention the public comment letter on the Open
and Outdoor Storage item. Koropchak noted that she would not be present for that
discussion but indicated that Mary Barger would be the representative from the Industrial
Development Committee to the proposed committee.
4. Citizen comments.
None.
S. Public Hearing — Consideration of a request to rezone Outlot H. Outlot F, Outlot B.
and I,otl , Block 2 of the Proposed Plat of Otter Creek Crossings, from A -O
(Agricultural /Open Space) to I1 -A (light Industrial). Applicant: City f Monticello
Chairman Frie noted that no representative from Otter Creek, LLC was present.
Planning Commission Minutes 12/07/04
0 Grittman reviewed the staff report for Otter Creek Business Campus, indicating that it is
a proposed industrial development west and south of Chelsea Road. Grittman indicated
that City staff is recommending an I -lA Zoning designation for the area. WA standards
are similar in nature to 1 -1, with higher standards for building materials and yard space.
Grittman explained that Commission is requested to act only on the rezoning request. A
decision on the covenants would be made by the Council.
Frie questioned the City's position in selling land and inquired if that goes against the
positions set forth by the Council and Commission. Grittman explained that Council, in
conjunction with City staff and other City boards, had been pursuing the Otter Creek
Campus for some time, with the understanding that it would be the City selling land and
operating the industrial park.
Dragsten clarified that the covenants would be specific to this development only and
would not change the ordinance itself; in other words, the ordinance would remain as
written. Grittman stated that was correct. Dragsten asked if the industrial development
land would be sold at promotional rates or at market rate.
Koropchak explained that the HR.A and IDC have developed and reviewed the preferred
measures that will allow businesses to purchase land at a discounted rate. Businesses
will have to meet standards for land -to- building ratios and job creation rates in exchange
for a discounted rate. The HRA and IDC have also reviewed a formula for determining
what amount of land can be purchased at market rate versus the discounted rate.
Frie stated that the use seems to be focused on higher -end business or office space and
inquired how potential decisions to the open and outdoor storage ordinance would affect
this area. Grittman stated that the limitation on open and outdoor storage would be
controlled through the covenants and applies only to this area. The discussion on open
and outdoor storage as part of the Commission's later discussion would apply to the
ordinance in general.
Carlson asked about the restrictions on metal or steel exteriors. Grittman explained that
the recommendation was a potential covenant item that had come from the IDC. 1 -1 A
allows limited metal or steel exterior. Grittman stated that in this case the covenants
would prohibit it. Grittman clarified that architectural or accent elements would not be
considered part of the "no metal or steel" requirements. The standard related specifically
to metals as a primary building material. Koropchak stated that the LIRA had considered
this requirement in comparison to other communities and in terms of trying to achieve a
certain standard, justifying the public funding sources. Koropchak noted that the IDC
came from a different point of view on the use of metal for ornamental purposes, seeking
requirements similar to the I -1A standards.
Chairman Frie opened the public hearing.
-2-
Planning Commission Minutes 12/07/04
0 Grittman reviewed the staff report for Otter Creek Business Campus, indicating that it is
a proposed industrial development west and south of'C:hclsea Road. Grittman indicated
that City staff is recommending an I-lA "honing designation for the area. 1-111 standards
arc similar in nature to 1 -1, with higher standards for building materials and yard space.
Grittman explained that Commission is requested to act only on the rezoning request. A
decision on the covenants would be made by the Council.
Frie questioned the City's position in selling land and inquired if that goes against the
positions set forth by the Council and Commission. Grittman explained that Council, in
conjunction with City staff and other City boards, had been pursuing, the Otter Creek
Campus for some time, with the understanding that it would be the City selling land and
operating the industrial park.
Dragsten clarified that the covenants would be specific to this development only and
would not change the ordinance itself; in other words, the ordinance would remain as
written. Grittman stated that was correct. Dragsten asked if the industrial development
land would be sold at promotional rates or at market rate.
Koropchak explained that the HR.A and IDC have developed and reviewed the preferred
measures that will allow businesses to purchase land at a discounted rate. Businesses
will have to meet standards for land -to- building ratios and job creation rates in exchange
for a discounted .rate. The HRA and IDC: have also reviewed a formula for determining
what amount of land can be purchased at market rate versus the discounted rate.
Frie stated that the use seems to be focused on higher -end business or office space and
inquired how potential decisions to the open and outdoor storage ordinance would affect
this area. Grittman stated that the limitation on open and outdoor storage would be
controlled through the covenants and applies only to this area. The discussion on open
and outdoor storage as part of the Commission's later discussion would apply to the
ordinance in general.
Carlson asked about the restrictions on metal or steel exteriors. Grittman explained that
the recommendation was a potential covenant item that had come from the IDC. I -1 A
allows limited metal or steel exterior. Grittman stated that in this case the covenants
would prohibit it. Grittman clarified that architectural or accent elements would not be
considered part of the "no metal or steel" requirements. The standard related specifically
to metals as a primary building material. Koropchak stated that the (IRA had considered
this requirement in comparison to other communities and in terms of trying to achieve a
certain standard, justifying the public funding sources. Koropchak noted that the IDC
came from a different point of view on the use of metal for ornamental purposes, seeking,
requirements similar to the I -1 A standards.
Chairman Frie opened the public hearing.
IPM
Planning Commission Minutes 12/07/04
Hearing no further comments, Chairman Frie closed the public hearing.
Frie asked what would eventually be adjacent to this property, in order to address
landscaping and terming requirements. Cirittman indicted that the current guide plan
actually calls for residential development. As such, it would require significant
buffering as outlined by the ordinance. Fric asked if when the comp plan was approved,
it allowed for residential in this area. O'Neill indicated that a concept stage PUD plan
had been approved allowing the residential use. O'Neill noted that along the YMCA
property and other land to the south, there is a grade change that creates a natural
separation. Frie asked if Chelsea Road would be completed as a part of the project.
O'Neill stated that the finance plan in progress with the original landowner stipulates an
arrangement of payment for construction of Chelsea.
Frie asked Koropchak to review the IDCs recommendations. Koropchak referred to the
three point outlined by the IDC. Koropchak stressed that the covenants recommended
apply only to the Otter Creek parcel. Site plan and landscape standards would be as in
current 1 -1A zoning designation.
Posusta addressed the outdoor storage issue, stating that he believes the
recommendations are too restrictive. Koropchak explained that the Small Group
Committee of the IDC had made the recommendation after defining what outdoor
storage was. Koropchak reminded the Commission again that what has been proposed is
only for Otter Creek Business Campus and will not be mixed with other industrial areas.
Frie asked Grittman and Koropchak if TIF and HRA money would be going to this
project and if so, are the covenants being proposed to support or justify these funds.
Koropchak stated that a TIF district will be created that will pay the City back the cost of
putting the improvements in. In exchange, prospective companies have to meet a certain
standard. The package that the City has put together is attractive enough for the City to
ask for something in return. Koropchak stated that she believes the standards and
preferred measures have been drafted in such a way as to create a business park that the
community can be proud of Frie asked for the general attitude of the I IRA's input.
Koropchak stated that the basic difference was the no outdoor storage requirement.
Koropchak indicated that the HRA is also more knowledgeable about the application of
tax increment financing and has researched surrounding communities in developing their
standards.
Posusta commented that AVR is looking at the southwest corner of the Otter Creek site
for relocation purposes as part of the interchange project. Posusta noted that AVR is a
heavy industrial use and he is concerned about the impacts of rezoning on this
possibility.
Grittman explained that when the interchange project happens, the City may identify this
site as one possible site among others for relocation. If this is the chosen site, the City
can review rezoning a smaller portion at that time. Cirittman stated that the
Planning Commission Minutes 12/07/04
Commission can zone the larger site now, and then deal with AVR when and if it
becomes an issue.
Posusta stated that AVR is on a tight time schedule to relocate in terms of site design.
Posusta referred to the dramatic elevation change, and noted that perhaps AVR would be
tucked into that corner and be obscured from view. If so, the AVR location may not be
such a conflict with neighboring houses, although truck traffic may be more so. Frie
asked if Posusta knew the acreage AVR needed. Posusta replied 6 -8 acres. Frie noted
that there may be other options satisfactory to AVR. Grittman stated from a preliminary
look at the City map, there are other sites, although they too may need rezoning.
Grittman stated that the Commission specifically needs to look at appropriate land use.
Nric asked if a committee of staff and Council had been created to address the AVR
issue, as directed by Council. Posusta stated a committee hadn't been formed due to
problems with getting the appraisals. Now that they are in, the issue can be addressed
and negotiations can begin. Posusta indicated that AVR needs 8 months to complete
their site, beginning in January. Posusta stated that it is important to keep in mind that
this relocation has been forced upon AVR due to the interchange and Ryan proposal.
O'Neill stated that Council would be asked to authorize formal negotiations for AVR.
O'Neill explained that the Otter Creek site is the fall back location, although it isn't ideal
in terms of the ultimate goal for this property. Fric asked if the new Council and Mayor
are up to speed on the AVR and interchange projects in order to meet the time frame.
O'Neill replied that they are aware of the process.
Posusta discussed what new AVR plant would look like, explaining that all equipment
would be housed indoors, and estimating that the project would be about a $ 3 million
dollar investment for the company. Posusta stated that AVR employs about 28 people
with an average salary of $35 -40 dollars an hour.
Koropchak restated that this is a rezoning discussion. As far as AVR is concerned, there
is an issue with the heavy industrial use in terms of noise and dust. In working with the
IDC, the original intent was not to create a heavy industrial zone, due to the fact that the
area could be a core part of the City. Koropchak stated that she is supportive of current
businesses and their relocation.
MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF
REZONING TO I -lA BASED ON A FINDING THAT THIS DISTRICT IS
C'OMPAT'IBLE WITT I THE CITY'S LAND USE PLAN AND WOULD BE BEST
SUITFD TO FULFILI, THE CITY'S INDUSTRIAL DEVELOPMENT OBJECTIVES.
MOTION SECONDED BY COMMISSIONER DRAGSTHN. MOTION CARRIED.
•
Planning Commission Minutes 12/07/04
Commission can zone the larger site now, and then deal with AVR when and if it
becomes an issue.
Posusta stated that AVR is on a tight time schedule to relocate in terms of site design.
Posusta referred to the dramatic elevation change, and noted that perhaps AVR would be
tucked into that corner and be obscured from view. If so, the AVR location may not be
such a conflict with neighboring houses, although truck traffic may be more so. Frie
asked if Posusta knew the acreage AVR needed. Posusta replied 6 -8 acres. Frie noted
that there may be other options satisfactory to AVR. Grittman stated from a preliminary
look at the City map, there are other sites, although they too may need rezoning.
Grittman stated that the Commission specifically needs to look at appropriate land use.
Fric asked if a committee of staff and Council had been created to address the AVR
issue, as directed by Council. Posusta stated a committee hadn't been formed.due to
problems with getting the appraisals. Now that they are in, the issue can be addressed
and negotiations can begin. Posusta indicated that AVR needs 8 months to complete
their site, beginning in January. Posusta stated that it is important to keep in mind that
this relocation has been forced upon AVR due to the interchange and Ryan proposal.
O'Neill stated that Council would be asked to authorize formal negotiations for AVR.
O'Neill explained that the Otter Creek site is the fall back location, although it isn't ideal
in terms of the ultimate goal for this property. Frie asked if the new Council and Mayor
are up to speed on the AVR and interchange projects in order to meet the time frame.
O'Neill replied that they are aware of the process.
Posusta discussed what new AVR plant would look like, explaining that all equipment
would be housed indoors, and estimating that the project would be about a $3 million
dollar investment for the company. Posusta stated that AVR employs about 28 people
with an average salary of $35 -40 dollars an hour.
Koropchak restated that this is a rezoning discussion. As far as AVR is concerned, there
is an issue with the heavy industrial use in terms of noise and dust. In working with the
IDC, the original intent was not to create a heavy industrial zone, due to the fact that the
area could be a core part of the City. Koropchak stated that she is supportive of current
businesses and their relocation.
MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROVAL OF
REZONING TO I -lA BASED ON A FINDING THAT THIS DISTRICT IS
COMPATIBLE WITI I THE CITY'S LAND USE PLAN AND WOULD BL 131.ST
SUITED TO FULFILI. THE CITY'S INDUSTRIAL DEVELOPMENT OBJECTIVES.
MOTION SECONDED BY COMMISSIONER DRAGS`I FN. MOTION CARRIED.
•
Planning Commission Minutes 11/1/04
create more industrial land. The goal is to set a threshold in order to balance the amount of
business and jobs creates{ in contract to storage.
Posusta read report passages that concerned him and explained that he has reservations about the
amount of regulation.
Frie stated that the real issue seems to be the concern about outdoor versus indoor storage. Fric
agreed that fair restrictions are needed. However, it is his opinion that an open -ended approach to
outdoor storage isn't fair. Frie stated that buffering and screening may be the solution.
Morrell questioned the limitations on the amount of outdoor storage identified in the staff report.
Frie stated that the Planning Commission is not out to eliminate outdoor storage, however, there
needs to be guidelines.
O'Neill stated that no motion needs to be taken at this point, staff is just looking for input.
Posusta stated that it seems that staff is trying to create language versus just gather input,
referencing the staff report recommendations. O'Neill stated that the examples were put forward
to generate discussion.
Frie thanked those present for their input and indicated that the item would come back for
additional discussion in December.
0 10. Update : Comprehensive Land Use Plan Development
O'Neill stated that the Council will be reviewing the visioning and long -range planning process.
He noted that the common theme will be long -range land -use planning for annexation areas.
O'Neill explained that the method or format is up in the air pending the election.
O'Neill indicated that staff had met with representatives for heritage Development. The
company is looking at a large master- planned development in the northwest corridor of the
community. Staff and developer had received valuable feedback from a City Council workshop
regarding the development.
Frie asked if the planning process will stay on schedule after the election. O'Neill responded that
they would try to follow the format, noting that there could be questions on budgeting. There
may be a need to update the process and prioritize.
11. Adjourn.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN AT 9:00.
MOTION SECONr)ED BY COMMISSIONFR DRAGSTF,N. MOTION CARRIED.
Planning Commission Agenda — 12/07/04
Public Nearing: Consideration of a request for a rezoning from A -O,
Agriculture -Open Space to I -IA, Light Industrial. Applicants City off
Monticello. (NAQ
REFERENCE. AND BACKGROUND
The City is nearing the completion of its purchase of land along the westerly
extension of Chelsea Road for the purposes of establishing an industrial park.
The plat for the area was previously approved as Otter Creek Crossing. The
concept that the City has used for the park is that of a higher -end business park,
with a greater emphasis on office uses and better building; quality.
The City has three industrial zoning designations in the current zoning ordinance.
These are as follows:
• 1- 1, Light Industrial — a general purpose industrial district.
• I -IA, Light Industrial — virtually the same as the 1 -1 District, with elevated
building materials standards.
• I -2, Heavy Industrial — a district that allows a number of industrial uses
that have more noxious effects, including emissions or noise.
The City hopes to market the property to businesses that are seeking a more
professional exterior image than found in the Oakwood Industrial Park area. To
complement the I -1 A zoning requirements, the City expects to impose covenants
that will require the following:
• No outdoor storage. Limited truck and trailer parking will be allowed, but
no long -term storage of empty semi - trailers would be permitted.
• Landscape irrigation in front yards, or side yards that face the public
streets to ensure attractive and well- maintained green spaces.
• No metal or steel exterior building materials.
Buffering would be required of any new use that abuts an area of incompatible
land use. For this location, the west edge abuts the YMCA open space, and
agricultural uses arc currently to the south. Buffering would be required by
zoning regulations, subject to land use plan direction for those properties.
zk�
RECOMMENDATIONS
go Approved December 7, 2004
BY THE
INDUSTRIAL DEVELOPMENT COMMITTEE (IDC)
for
OTTER CREEK BUSINESS CAMPUS
1. RECOMMENDATION TO RE -ZONE THE 120 ACRES OF OTTER CREEK
BUSINESS CAMPUS FROMA -O TO I-1A (Light Industrial District)
2. RECOMMENDATION TO ESTABLISH THE FOLLOWING COVENANTS FOR
OTTER CREEK BUSINESS CAMPUS,
A. Require installation of an irrigation system with the exemption of prairie
grass.
Landscaping Irrigation Required: On all lots on which a building is proposed to be
constructed, the owner shall, prior to occupancy of said building, install, or cause to be
installed, in- ground landscaping irrigation between the front building line and the public
street. This requirement shall also apply to the side lot areas of corner lots which face a
different street. In the case of rear lot areas that front on a public street, the owner shall
install, or cause to be install, landscaping irrigation for all landscaped areas within 50
feet of said public street. Irrigation required by this restrictive covenant shall provide
adequate irrigation water to all landscaped areas, including lawns, shrubs, tress, flower
beds, or other similar features. This requirement also applies to the "boulevard" portion
of the public right of way between the owner's property line and the curb line of the
public street.
B. No outdoor storage allowed. On all lots, no owner, tenant, or other occupant
shall store materials, equipment, or items outside of any building. The
following exceptions are not to be considered storage, and may be located
outside in compliance with other applicable regulations:
a. Parking of passenger vehicles and light trucks, parked in compliance with the
City of Monticello zoning regulations.
b. Parking of company vehicles, including trucks, vans, and other similar vehicles,
with the exception of semi -truck rigs which are subject to separate regulations.
C. Semi -truck tractors and trailer rigs when such tractors and trailer rigs are
parking in the side and rear yard.
d. Semi -truck trailers located in designated loading docks.
C. Trash Handling equipment.
•
0
RECOMMENDATIONS
Approved November 3, 2004
BY THE
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
for
OTTER CREEK BUSINESS CAMPUS
1. APPROVED A RECOMMENDATION TO RE -ZONE THE 120 ACRES OF OTTER
CREEK BUSINESS CAMPUS FROM A -O TO I -1A (Light Industrial District)
2. APPROVED A RECOMMENDATION TO ESTABLISH THE FOLLOWING
COVENANTS FOR OTTER CREEK B USINESS CAMPUS.
A. Require installation of an irrigation system front the front perimeter of'the
building and public right-of-way.
B. No outdoor /open storage allowed.
C. No metal or steel exterior building materials allowed.
3. APPROVED A RECOMMENDA TION TO NOT AMEND THE EXISTING
LANDSCAPE ORDINANCE AS FOUND IT TO BE SUFFICIENT AND
COMPATIBLE.
Reasons for the above recommendations:
1. I -1 A Zone is consistent with Monticello Commerce Center zone. (UMC, TCUC, Suburban area.)
2. Covenants will protect the investments made by both the businesses and the city.
�. Covenants are consistent with surrounding communities: Becker, Big Lake, Buffalo, and Rogers.
4. Covenants support and compliment the Preferred Measures and Land Price offered by the City
to qualifying businesses.
5. Covenants support the image of a professional business campus.
6. Covenants and the desired requirements of the targeted businesses are parallel.
7. The HRA is promoting a quality park maximizing the building to land ratio and creating jobs at
wages which support families, in return, for the preferred (discounted) land price.
EDA Agenda: 05/11/16
11. Consideration of Director's Report (JO /AS)
Economic Development Manager
Mr. Jim Thares has started his work with the City and has jumped right in, arranging tours of
area businesses and industries, attending upcoming MIF training, and beginning work on
various current EDA /IEDC projects. In the future, Jim will be preparing this report.
Block 34 ESA
The original scope of work presented by WSB & Associates for the Phase II ESA has been
signed by the President and Executive Director. The $16,000 authorized by the EDA was
insufficient to cover the two additional borings discussed by the EDA. In addition, the
recommendation of WSB's environmental consultant Ryan Spencer was to proceed with the
original tighter scope internal to Block 34, moving out if contamination was identified for
further investigation.
At a future point, staff will request direction from the EDA on environmental review of the
Cedar Street garden center property.
EDA Strategic Planning Meeting
A special workshop of the EDA has been tentatively identified for Thursday, June 2nd from 4-
7 PM for strategic planning for economic development marketing. WSB Market Matching
will focus on the following areas:
1. What is the community identity for economic development purposes?
2. What is the primary market focus for the following areas:
a. Otter Creek business park
b. Downtown (including specific uses on EDA /City owned properties)
c. Housing
Volunteer Picnic
Please see attached.
1
volunteer recognition
PICNIC.
Thursday
As a BIG THANK YOU...
7:30 m
City of Monticello volunteers and their
10
families are invited to join us for a picnic at
f
Ellison Park!
Rain or Shine
f
Please RSVP to HR&i.monticello.mn.us by June 20th
lot
17
0 40
f ■ s `'�■ ■ f �1
EDA Agenda: 5/11/16
X. Consideration of authorization for submittal of land use applications to the City of
Monticello as related to a potential industrial use expansion on Outlot A, Otter Creek
Crossing 1St Addition and Outlot C, Otter Creek Crossing Yd Addition by Clear
Creek Land Company, LLC. (AS)
A. REFERENCE AND BACKGROUND:
Clear Creek Land Company, LLC has submitted the land use applications necessary to
support the proposed expansion of their existing facility at 3360 Chelsea Road. The EDA
has been asked to consider a companion request for approval of a purchase agreement
related to the proposed expansion as part of its May 11th, 2016 agenda.
The City of Monticello requires the signature of the fee title property owner on land use
applications. The City of Monticello is currently the fee title property owner of the two
subject outlots. However, the City Council has authorized conveyance of the parcels to
the EDA for the purpose of this expansion project, pending the approval of the purchase
and development agreement and closing. As such, both bodies are asked to consider
authorizing submission of the required land use applications as the fee title property
owners. Clear Creek Company, LLC is the actual applicant for the land use applications.
Required land use applications include preliminary and final plat, conditional use permit
for building height over 30 feet and cross access and parking, variance to required
building setbacks and an ordinance amendment to allow accessory use bulk fuel in an I -1
(Light Industrial) District.
Authorization of the land use application submittal by the fee title property owner allows
for the required applications to be submitted and considered by the Planning Commission
and City Council. The City Planning Commission, City Council and Economic
Development Authority will still be required to act on other decisions related to the land
use applications and proposed purchase independently of the authorization of land use
application submittal.
Al. Staff Impact: Limited to preparation of this report.
A2. Budget Impact: As a condition of approval and pursuant to language in the
application, the applicant is responsible for all review fees associated with the land
use application process.
B. ALTERNATIVE ACTIONS:
1. Motion to authorize submittal of land use applications to the City of Monticello as
related to a potential industrial use expansion on Outlot A, Otter Creek Crossing
and Outlot C, Otter Creek Crossing Yd Addition by Clear Creek Land Company,
LLC.
2. Motion to deny authorization for submittal of land use applications to the City of
Monticello as related to a potential industrial use expansion on Outlot A, Otter
Creek Crossing and Outlot C, Otter Creek Crossing Yd Addition by Clear Creek
Land Company, LLC.
C. STAFF RECOMMENDATION:
If the EDA acts to adopts the resolution for Purchase and Development Contract between
the City of Monticello Economic Development Authority and Clear Creek Land Company,
LLC, the land use applications are necessary to support the proposed expansion. Therefore,
pending that approval, the EDA authorization would be consistent with actions necessary
to support the proposed sale and development.
D. SUPPORTING DATA:
A. Pending Land Use Application