cp04-01-1992 c• AGENDA
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
WEDNESDAY, APRIL 1, 1992
1. Call to Order - 12:15 P.M.
2. PUBLIC HEARING
Adoption of Resolution Calling for An Organized Refuse
Collection System for Residential Only
Action - Motion to close hearing - Motion to reject - Motion
to approve - Motion to waive reading and adopt Resolution
3. Consideration of Proposed Purchase Agreement for Liquor Store
Condominium Unit with Erickson's Diversified Corporation
Action -
• 4. Adjournment
is
PUBLISHED IN THE HUTCHINSON LEADER
THURSDAY, MARCH 19, 1992
PUBLICATION NO. 4356
NOTICE OF PUBLIC HEARING
• This Notice of Public Hearing is adopted by the Hutchinson
City Council for and on behalf of the City of Hutchinson on this
13th day of March, 1992.
RECITALS:
1. The City of Hutchinson presently receives solid waste
collection services pursuant to a written contract between the City
and Junker Sanitary Services, Inc.;
2. The contract will expire on June 30, 1992;
3. The City desires to consider the possibility of an
organized collection system pursuant to Minn. Stat. §115A.94
(1991) ;
NOW THEREFORE BE IT RESOLVED by the City Council for the City
of Hutchinson, Minnesota:
• 1. A public hearing will be held at the City Council chambers
for the City of Hutchinson, Hutchinson City Hall, 37 Washington
Avenue West, Hutchinson, Minnesota 55350 on the 1st day of April,
1992 at 12:15 o'clock _r.M. to consider the possibility of adoption
of an organized collection system pursuant to Minn. stat. §115A.94
for the purpose of organizing collection of the residential
generation of solid waste.
2. The City Administrator for the City of Hutchinson is
hereby directed to give notice of such hearing by mailed notice to
Junker Sanitary Services, Inc. and to otherwise provide notice as
required by law.
•
Adopted by the Hutchinson City Council this 13th day of March,
1992.
CITY OF TCHINSON
Paul L. Ackland, Mayor
Att
Gary D. lotz, ity Administrator
•
•
RESOLUTION OF INTENT
• This Resolution of Intent is adopted by the Hutchinson City
Council on the 1st day of April, 1992.
RECITALS:
1. By Resolution dated March 13, 1992, the City Council for
the City of Hutchinson ordered a public hearing to be held on April
1, 1992 to consider the possibility of adoption of an organized
collection system pursuant to Minn. Stat. §115A.94;
2. The public hearing was duly and properly called and held
and appropriate notice was given to the public by way of
publication of the Notice of Public hearing and by mailed notice
to the presently licensed hauler;
3. The City of Hutchinson believes that organized collection
would be in the best interests of the City of Hutchinson, at least
at the present time;
NOW THEREFORE, IT IS RESOLVED by the City Council for the City
of Hutchinson, that the City intends to enter into a system of
organized collection of residential solid waste and hereby invites
the participation of interested persons, including persons licensed
to operate solid waste collection services in planning and
establishing the organized collection system.
•
J
Attest:
Gary D. Plotz
City Administrator
CITY OF HUTCHINSON
By:
Paul L. Ackland, Mayor
a�'
FROM BRIGGS & MORGAN (TUE) 3,31, 17:32 1 PAGE 2
v
•
M9ITZ" DIRECT ELL Nv"ZZ
(612) 334.8532
March 31, 1992
G. Barry Anderson, Esq.
Hutchinson City Attorney
101 South Main Street
Hutchinson, Minnesota 55350
Dear Barry:
SAINT PALL OMCE
*200 FIM KITIO DANK STILOf
IANT ►ACL,ND4260TA 60101
TELCPSOPC bM Sao .6600
sic M7N uu1 a s
BY FAX: 1 -687 -4096
This correspondence is to set forth the position taken by our client, Junker Sanitation,
• Inc„ in respect of the waste hauling contract with the City of Hutchinson. I ask that this
letter be made a part of the record at the public hearing on April 1. 1 will be attending the
public hearing as well and will either answer questions or make comments as
appropriate.
It is our view that there is an affirmative obligation on the part of the City of Hutchinson
to negotiate a new contract with Junker Sanitation for both residential and commercial
hauling. Under Minn. Stat. §I15A.94, there is a statutory mandate that the City must
follow of which the public hearing you are proceeding with is only one small part. As you
know, Subd.4(g) of the Statute gives the City of Hutchinson explicit authority to avoid the
hearing procedures In the Statute and negotiate a contract directly with "all of the persons
licensed ... " In the city. Of course, Junker Sanitation is the only licensed carrier and,
thus, would be the only one with whom you can negotiate under Subd.4(g),
From our earlier conversations, I believe you and I have concurred that the City and our
client can negotiate during the 180 -day period under Subd.4(g) of the Statute. We are
available to begin those discussions at the City's early convenience.
In addition to the option of negotiating with our client under Subd.4(g), the Statute, we
believe, requires that the City negotiate exclusively with our client under Subd.(4c)
providing, in part, that the "City ... shall Invite and employ the assistance of persons
licensed as of the date of the resolution of intent to operate waste collection services In
the city of town," Again, our client is the only such person. We believe that Subd.4(c),
LW orrICES
BRIGGS AND �-iORGAN
aaorLaarow.L ARsociAr30N
P 400 tea CENTER
MINNEAPOLIS, XINNESOTA 63409
TELEPHONE -612 036•.600
rACSIMILE F612i 056 -aeoo
FROM BRIGGS & MORGAN
•
BRIGGS &=.10 MORGAti
(TUE) 3,31, 17:33 NO.2060667 60 PAGE 3
in effect, bars participation by any other haulers In the City process during the initial 9t}
day period. Moreover, Subd.4(c) in particular, and §115A,94 in general, provide an
imperative for the City to undertake a good faith effort to negotiate a contract with
licensed hauler(s) which in this case is our client only.
Thank you for your attention to those matters.
yours,
A. Cairns
0
JAC/bk
cc: Jim Junker
• 12"1
§ 115A.93
WASTE MANAGEMENT
(c) A licensing authority ahan prohibit mixed municipal solid waste collectors from
imposing a greater charge on residents who recycle than on residents who do not recycle.
Subd. 4. Date certain. By January 1, 1993, each county shall ensure that each city or
town within the county requires each mixed municipal solid waste collector that provides
curbside collection service in the city or town to obtain a license under this section or the
county shall directly require and issue the licenses. No person may collect mixed
municipal solid waste after January 1, 1993, without a license.
ILws 1989. tat Sp., c. 1. art 20, f & Off. Oct 4, 1989. Amended by Laws 1991, a 337, if 42, 43.
Historical and Statutory Notes
1991 Legislation
The 1991 amendment in subd. 3 in par. (a)
deleted "to the extent possible" foil o wi "shall
require ", aad added par. (c) prohibiting greater
Charges on residents who recycle than on resF
dents who do not; and added subd. 4 setting the
date by which mired municipal solid waste col-
lectors most obtain Sceoaea
Law Review Commentaries
Need for a principled expansion of the tole of
local government in environmental enforcement
Beverly Conerten and LeRoy Paddock, 16 Wm_�
Mitchell L.Rev. 949 (1990).
YARD WASTE
ig
115"31. _ Yard waste prohibition
(a) Except as authorized by the agency, in the metropolitan area after January 1,1990,
and outside the metropolitan area after January 1, 1992 a person may not place yard
waste
(1) m 'miied municipal 'solid'wss
tax . _` .. ....
M in a dts _
posai facility; or ,
(3) in a resource recovery facility except for the purposes of composting or co- compoat=
ing.
weeds, and waste. subject to this, snbdivisioa is garden wastes, leaves,.lawn cuttings,
w P Bs .. :.
Lava
.,. 198& c. 685, § 21. .Amended by Laws 1991, a 337, .4 44.
.. �. - Historical and Statutory Note -
1991 Usubstion - .-
Tbe 1991 amendment provided that persons
may not waste in apecdW plam " of', yard
. _ .
115A.935. Solid waste generated outside of Minnesota -
No petsoo shall transport into or deposit in thi state, for the purpose of processing
or
disposal. solid waste that was generated in another state, unless the waste:
(1) meets all the solid waste management re
gulati
generated; and ons of the state In which it was
.,
M contains none of the items specificany banned from mixed municipal solid waste
this state, including waste tires . used motor on, waste lead acid batteries, yard waste,
major appliances, and any other item specifically banned from the waste stream and
this chapter.
Laws 1991, a 337, 1 45.
ORGANIZED COLLECTION .
115A.94. Organized collection --
waste is w hic h 1. Definition. "Organized conection" means s System for collecting st
s pecified collector, or a member of an orgatuzation of conectors,
88
WASTE MANAGEMENT
n solid waste collectors from
residents who do not recycle.
:ounty shall ensure that each city or
1 solid waste collector that provides
n a license under this section or the
:s. No person ma y collect mixed
a license.
nended by Laws 1991, e. 337, ¢il a 43.
which mixed municipal solid waste 001 -
nest obtain licenses.
view Coeamentarles
for a principled expansion of the role of
vemmeat in environmental endorsement
Conerton and LeRoy Paddock 16 Wm.
L.Rev. 949 (1994
ropolitan area after January 1, 1990,
1992 a person may not place yard
uposee composting or'cocompost-
'_*Wtes, leaves, lawn cuttings,
1 44.
csots'
ate, for the purpose of processing or
state, unless the waste:
stions of the state m' which it was
from mixed municipal solid waste in
sate lead acid batteries, yard waste,
armed from the waste stream under
CnON
means a system for collecting solid
of an organization of collectors, is
WASTE MANAGEMENT § 115A.94
authorized to collect from a defined geographic service area or areas some or all of the
solid waste that is released by generators for collection.
Sated_ L Local authority. A city or town may organize collection, after public
notification as required in subdivision 4. A county may organize collection as provided in
subdivision 5.
Sahel. 3. General provisions. (a) The local government unit may organize collection
as a municipal service or by ordinance, franchise, license, negotiated or bidded contract, or
other means, using one or more collectors or an organization of collectors.
(b) The local government unit may not establish or administer organized collection in a
manner that impairs the preservation and development of recycling and markets for
recyclable materials. The local government unit shall exempt recyclable materials from
organized collection upon a showing by the generator or collector that the materials are
or will be separated from mixed municipal solid waste by the generator, separately
co]{ected, and delivered for reuse in their original form or for use in a manufacturing
process.
(a The kKal government unit shall invite and employ the assistance of interested
persons, mcinding persons licensed to operate solid waste co0ection services in the local
as government unit, is deve]oping plena -sad proposal+ for organized collection. and in
establishing the organized co0ection system- .
(d) Organized collection accomplished by contractor as a m®idpal service may.mrJnde
a.regniremmt that all or any portion of. the cooed waste; except (i) recyclable materials
and (� matenala that ere processed at a.resonree recovery facility at the rapacity m
operation. at the time that the requirement. is ®posed,. be. delivered, W c waste facility
identified.by, the local government unit In a district or county where a resource recovery
taoLty lieu been designated by ordinance `under'section 115A.86: organized collection
most conform to the requirements of the designation ordinance.
Sabd. 4. Cities and towns: notice planning.' (a) At least 180 days before implement -
rog an ordinance , franchise, license; contract or other means of organizing collection, a
city or -.town, by resolution of the governing body, shall.annoance its-intent to organize
collection and invite the participation of interested persons, including persons licensed to
operate solid waste, collection services, in planning and establishing the organized eollec-
Lion system
(b) The resolution of intent must be adopted after- a public hearing. e hearing
an
be held at let two weeks after public notice and marled notice to perso ns known Y the
city or town to be operating solid waste collection services m. the city or town_ The
failure to give marled notice to persons or defect in the notice does not. invalidate the
proceedings, provided a bona fide effort to comply with notice requirements has been
made.
(e1 During a 90-day period following the resolution of intent; the city or town shall
deselop or supervise the development of plans or proposals for organized collection_
Dining this 9t}day P��B Pew. � �Y or town shall invite and empby the assistance
of persona licensed. as of the data of the resolution of intent to operate solid waste
eoUeetion eervicea in the sty or town. Failure of a licensed collector to participate m the
��Y P�nmg Pew. when the city or town has made a bona fide effort to provide the
person. the opportunity to Participate, dow oot invalidate the pl:usnmg. process•
(d) For 90 days after the date ending the planning period required under P�grsPh (c)
the city or town shall discuss posmble organized collection arrangements with all licensed
collectors operating in the ci ty or town who have expressed interest If the city or town
is unable to agree on an organized collection arrangement with a majority of the licensed
collectors who have expressed interest, or upon expiration of the 90 days, the city or town
may propose implementation of an alternate method of organising collection u authorized
in subdivision 3.
(e) The city or town shall make specific findings that
( describe in detail the procedures it used to plan and to attempt implementation of
organized collection through an arrangement with collectors who expressed interest; and
89
•
§ 115A.94
WASTE MANACEMLN -r
(2) eva luate the Proposed Organised c°]leetioo method in light of at leant the following 1
d isplaceme nt achie leecttors ens organized collection goals Of the city or town: minimizing
mal®g Process; and m °na Participation of all interested parties in the decision. !
(A Upon axnnuirtg efficiency in solid waste collection.
PO request, the city or town shall provide maDed notice of all proceedings on the
organization of collection in the city or town.
( 9) If the city or town and all the persons
waste Collection Se aid to operate mixed municipal solid
or t own ma rnce and d oing business in the city or town agree on the plan, the dry
paragraph (a) implement the plan without regard to the 180 -day period specified in !
coun 9ubd. S. County organlzed eo0ection.(a) A county may by ordinance require dties
ti towns a the county to organize collection Organized collection Ordinances of
recyclable materials,- and towns to require the separation and separate collection of
(2) specify the material to be separated and
tbiat are ocontained m the coun t mee any P�ormance standards for ao
ty solid waste plan " separation
-cOun county may itself o+8anae collection
collection ordina in anydty Or town that does aoteomply�vith
m i ty mplemen4 as organized o nce adopted under this Subdivision, and the coup
ay rrga�ed collection, . t h e
.sonrce seParation.program Sad p Performance standards
required
a 9utid L ' rgaaized collection ordinance_
sabdivision'6, - a � o c is r iot: or_ pre .vented , Except as. 4 ' d'in
(1Y required to ur8aaiu collcctio ii; or
C2) Prevented from organizing co llection of solid waste or recyclable material
��thiiss l ion is lti ve conduct: (a} A p olities subdivision -that organizes colledion
Section n authorized to engage in anticompetitive d
conuct to the extent
ne "arY to Plan and implement it chosen organized collection system sad is immure
from ty Hader state laws relating to antitrust restraint of trade, unfair trade
Practices, and other regulation of trade or commerce
M er organization. of solid waste c Dectors, an individual collector, and their officers,
collection under this' and agents who o cooperate with a political subdivision that 'organizes
Pan and s a authorized to engn anticompetitive conduct to the extent
Political Sa�bdi�viston vel the age organized co vision
system, Provided that the
entity; or person covered by the of each entity. An organization,
relating antitrust, restraint of trade unfpair mime f rom liability understate law
tt 'ade or commerce. trade practices, and.other regulation of
199 59Y�f 46 a1i'7an ��b7 Laws 1989. a 32S, if 26, Zl; L 600, i4 1; Lws
4 199L ws 1990, ;
Motodel and Statutory Note
government .
1989 Lea64tbn - . formerly ryd rewrote subd. which
that co
The 1989 amendment added sub L 6 Wuvtdm - �( (A) At lent 90 days before prnpnsing an ordi.
collection is not required or rev d banchise. license. contract added subd 7 Prevented; and means O or other
duet s authorized 90 1• g that anticompetitive con- resolution of �ovconeGtiO4 a city or town, by
a g overning shall announ
19Klalatloa ft intent too rga - nize - ro0atl ce
oa and invite l
Pa "a of interested. the
The 1990 amendment. in cub sad d sttab' " Mnons in planni
stltuted " ' e 3, par. (c), sub- ) �h the organized collation system
e lution
I operate h or"opentlng -,sand fooljloowwm�ed attera pub' earinaf Intent must m
t b � ed a
waste collection services" inserted •,in tie "� held at least two weelu after public notice and
a be
mailed actin to peraoas !mown by the dry or a
A
• WASTE MANAGEMENT
WASTE MANAGEMENT § 115A.95
thod in light of at least the following
goals of the city or town; minimhffig town to be operating solid waste collection set LAWN 1990, C. 600, ¢ 9 provides in part that
an interested Parties in the decision• vrm in the city or town. The failure to give N 1 and Z amending subds. S and 4 of this
waste collection. mailed notice to Persons or defect i the notice seeder, am effective August 1. 1990, and apply
does not invalidate the proceedings, pro a to cities, towns, and eomnes that initiate action
tailed notice of an proceedings on the bom ride effort to eomplY with notice requim to organize solid waste eollecdos 00 or after that
mesta has been made.
l ed to operate mixed municipal solid 10 During the 90-day period following the 1991 leglslatlon resolution -Y or town agree on the plan, the city method of of intent, and before proposing a The 1991 amendment in solid. 4 added par. (g)
to the 180daY Period specified in shah met hod organizing collection, the city or town regarding plan implementation without regard m
lop or supervise the development of the 191)-day period..
plans or proposals for organized collection. Law Review Commentaries
mty may by ordinance require cities "ld) Upon request, the city or town shall
Organized. collection Ordinances' of "do mailed_ notice of subsequent proceedings Need for a en t in en expansion of the role of
�9 n gs link government is environmental enforcement.
- : • .: _.. thorgaoixation or , c ollection is ,iha., chi. or. - Beverly. Conerton and LeRoy,Paddoek, -16 wen.
aration 'and separate collection 'of �'Niteheh l-Re.. 919 d URo .
.>
- - -
USA-941. Scud waste; .
-- requlred_eolleetion
ice:
staadarda for so Jc r 7 ^'Text o sectiorr
tarts separation r 3 r r - r.. f .ochre Jufp J99L
tt.._ (+!_Eithept as provided in paragraph (b), each a
F or town that does mot tom ] ormore shall ensure - that ev LOWa with a poPubttion of 5,000
P Y With every residential housebA and buainev in the city or town has
n this subdivision, and the county solid waste tw➢eetion service. To comply with' this, sectioa a city: in t e Cit i own. as
h e:sourCe , Separation,program and ro °4 provide collection, or require by ordinance that every home hold'imdbminess
ction ordinance . ;..: r .. bas
etidct fin collec
.tion! services: • Ab this section =must
vevented. y '•~ Provide- forenfomment�; rs::.. - �, - ;n ,, —
Except as provided'm °+ _
: •. use city or tows wr2h PoPulation:'of 5,000. or more`may exempt &'residential
ltoasehold'.or busmess.in: th- city. or town -from the requirement to h ' 1
• cohecti0n e
service if the household or business ensure iJiat an eavironm ata➢y waste
ite,or recyclable ma rer,°t alternative is used sound
ibdivision - that organizes collection I (C). To. the axtent practi cable, the costs incua b a
rmpetitive coadoct to the extent must be incorporated into the collection y city or. town -under this'section
collection system and is immune under this section by the City or tows or the enforcement mecbaniams adopted
restraint of trade, unfair trade fives 1991, c 337, ¢ 4Z..
._ ,..
idual co➢ector'aad their officers, 8lstorfnl and Statutory Note, ;..,.
lolitical subdivision that'organizes 199I Legislation
m anticompetitive conduct to the Ins 1991,'x337, ¢ " "91'LProvid io part tiara -. - .
illeetioa system, Provided that the seetioo is effective Jnly 1, 1992
of each entity. An organization, -
t from liability understate -law
ractices,.and other regulation of VISIBLE COSTS
.• -....• - 11SA.945. Visible solid solid waste magem
naent Coats
n ' �� 1990, c 44 1, , Z La as Any political subdivision that pprovides or
solid waste shall, through a billing or others for the coati of collection or disposal of
:�; end rewrote solid. 4 wh coats for each solid waste generator visible and obvious to t! a Prorated share of those
ul:. ich Laws 1989. Lt SP, e. 1. art. 20, ¢ 9, eff. Oct. 4, 1989. geaerater.
vt 90 days before proposing an ordi
chase, license, Contract or other
;viidng collection, a city or town, by RECYCLABLE MATERIALS PROHIBITED FROM- CERTAIN FACILITIES
the governing body, shall announce -
of� � n and Invite the 115A.95.. Recyclable materials -
ing the o persons In planriIng ... A resource recove fac➢i that is Cons .. .. ' . .
rganiud cehection system. � waste to ene � � � Pns>�g waste, burning waste, or converting
solution of intent moat be ado red a rgY or to materials for combustion, and is owned or operated by a public
;C hewing. hearing undo be gency or supppoorted by public funds or by obligations issued by a public agency, may Dot two weeks after public notice and accep recycla ble materials except for transfer to a i'ecycler, unless no other - person is
to�na known by the City or Ong to accept the recyclable materials. -
Amended by Lws 1967, a 348, ¢ 28.
91
MAR 24 '92 14:19
Ask
THE EVEREST GROUP LTD
March 23, 1992
G. Barry Anderson
Arnold i McDowell
101 Park Place
Hutchinson, Mt 55350 -2563
Re: Hutchinson Municipal Liquor Store
Dear Barry:
PAGE.002
Q
ti MAR 1992 a
RE(nV® m
C'1
o
N �
B y Facs zile
1 -587 -4096
I am enclosing herewith a redraft of the proposed Purchase
Agreement for the liquor store condominium unit. This redraft
incorporates changes that were discussed at our recent meeting
in Hutchinson. Revisions have been underscored for your
convenience.
since Gary Plotz is on vacation, he asked that I send the
• redrafted Purchase Agreement directly to you, for review,
distribution, and comment. Please call me with any thoughts,
comments or questions you may have.
It is my understanding, that the City Council will discuss the
Purchase Agreement, and the proposed condominium transaction, at
its March 24th meeting. It is my further understanding that on
April list, there will be a special meeting to approve a final
draft. We will plan on attending that meeting, and be prepared
to address any questions that may arise.
Please keep me advised as this matter progresses.
Best regards,
THE rREr ROUP, LTD.
C. William Franke
President
Enclosures
cc: Doug Driscoll
• Greg Erickson
w /enclosure
CWF /jk
2M5 Long Lake Road
P.O. Box 130190 a kosevl e, .1N S5113
/[1l\ "I i
MAR 24 1 92 14:20 PAGE.003
'1: qdmj::. = W. H. -. N, A.Y
This Purchase Agreement is made and entered into this
day of , 1992, by and between the CIS
HUTCHINS , a x nnesota municipal corporation, hereinafter
referred to as Hutchinson, and ERICKSON'S DIVERSIFIED
CORPORATION, a Wisconsin corporation, hereinafter referred
to as Erickson's.
Erickson's hereby sells and agrees to convey to
Hutchinson, and Hutchinson hereby agrees to purchase,
that certain parcel of real estate, located in the City
of Hutchinson, County of McLeod, and State of
Minnesota, legally described as Unit No. 2 Condominium
No. , Erickson's Downtown Redevelopment
Condomi�, together with all improvements constructed
or to be constructed thereon and appurtenances
thereunto belonging (hereinafter the "property ").
1:.�1f_: ' T yc
A. Ike:
The purchase price for the above - described
property shall be established by reference to and
shall equal the costs actually incurred by
Erickson's to construct and provide Unit No. 2,
together with appurtenant improvements, to
Hutchinson, in the manner herein described. For
the purposes of this Agreement, costs to be
utilized in determining the purchase price shall
include and be limited to the following: (i) a
proportionate share of land acquisition costs,
site preparation and improvement costs, building
shell. ( including foundation, roof, walls and
general building services and elements), and costs
for professional services (including
architectural, engineering, environmental,
surveying, and legal for formation of
condominium); and (ii) construction costs directly
attributable to build out and finishing of Unit
No. 2 and other costs directly attributable to
=/n
eumr
r... n
0
MAR.24 1 92 14:20 PAGE.004
•
said Unit No. 2. Hutchinson's proportionate share
shall equal the percentage achieved by dividing
the square footage of Unit No. 2 by the total
square footage of all condominium units.
The parties anticipate that the purchase price
will be Three Hundred Thousand and no /100
($300,000.00) Dollars, or less. In the event the
purchase price, as determined above, exceeds or is
estimated to exceed said sum, then either
Hutchinson or Erickson's may terminate this
Agreement by written notice to the other. The
purchase price shall be estimated prior to
commencement of construction and shall be
determined prior to closing. In each instance
Erickson's shall provide Hutchinson with a summary
of the computation of the purchase price and
complete back up material supporting the same. In
addition, Hutchinson shall have the right to
review, inspect and otherwise audit the books and
records maintained by Erickson's and its
contractor relating to the costs attributable to
said Unit No. 2.
•
B. Payment:
The purchase price shall be paid, in cash, on
the date of closing.
3. CLOSING
A. =1
The closing shall be held within fifteen (15) days
following the substantial completion of the
improvements to be constructed upon the property,
at such place and time as the parties shall
mutually agree.
B. Closing Obligations
At closing, Hutchinson shall pay the purchase
price in the manner hereinbefore provided, and
Erickson's shall deliver to Hutchinson, the
following items, and the following duly executed
documents, to -wit:
(1) A general warranty Deed conveying marketable
title to said property, subject only to the
following exceptions:
•
2
MAR 24 1 92 14:21
PAGE.00S
a. Building and zoning laws, ordinances, •
state and federal regulations;
b. Reservations, restrictions, and ease-
ments as set forth in the Declaration of
Condominium No. , Erickson's Downtown
Redevelopment Condominium;
C. Utility and drainage easements currently
of record;
d. Reservations, restrictions, and condi-
tions relating to the use and transfer
of the property as hereinafter set
forth.
(2) A current Abstract of Title to the property,
or a Torrens Certificate of Title.
Erickson's shall pay all documentary stamps
necessary for the recording of the Warranty Deed,
and Hutchinson shall pay all other recording
charges with respect thereto. Erickson's delivery
of all of the documents above specified shall be a •
condition precedent to the obligation of
Hutchinson to close this transaction. Upon the
delivery of the foregoing documents, Hutchinson
shall pay the purchase price as hereinbefore
stated.
Erickson's agrees to deliver possession of the property
not later than the date of closing, provided, that all
conditions of this Agreement have been satisfied, or on
such earlier date as the parties may agree.
A. $'a;
Erickson's shall pay or cause payment, at or
before closing, of all the real estate taxes and
installments of special assessments due and
payable in the year preceding the year of closing
and prior years, and a pro rata share of real
estate taxes due and payable in the year of
closing.
A
3
MAR 24 '92 14:21
•
S. Hutchinson
C .
Ericksonfs covenants and warrants as follows:
A. Specific Warranties
(1) Title
11
Erickson': warrants that it will have good
and exclusive right, title and interest in
and to the above described property, and has
the right and authority to sell and assign
the same. Ericksonls further warrants that
all bills for work done or materials
furnished to or in the improvement of the
property vim have been paid in full by the
date of closina-
PAGE.006
Hutchinson shall have the obligation of paying a
pro rata share of the real estate taxes due and
payable in the year of closing, which proration
shall be made on a daily basis to the date of
closing, and shall have the obligation of paying
all real estate taxes and installments of special
assessments due and payable thereafter.
the payment of property taxes or special
assessments.
Nothing herein contained shall be deemed to effect
or alter any obligation of the parties under
existing agreements between them with respect to
Erickson•s warrants that all improvements on
the property are entirely within the boundary
lines of the property, and that there are no
encroachments on the subject property.
•
Ericksonts warrants that: The property will
fully comply with all existing local, state
and federal rules, regulations and laws
having application to the condition and
ownership of the property, including, without
limitation, health and safety and
4
...w TI T111 P nI"r III -"
MAR 24 1 92 14:04 PAGE.0Q2
•
environmental ordinances, codes, and laws;
srickson's has received no notice, and has no
knowledge of any present code, ordinance, or
zoning violations relating to the property
from any governmental authority having
jurisdiction over the property; Erickson's
has or shall have, as of the date of closing,
complied with all Landlord and Tenant laws of
any governmental authority having
jurisdiction over the property; Erickson's
shall, if notice of any violation of the
foregoing items is received by Erickson's
prior to the date of closing, bear the
expense of all work or action necessary to
remove or correct such violation; and all
licenses and permits needed to operate the
property in the present manner, are in full
force and effect, and, if assignable, will be
assigned to Hutchinson, at closing, at no
additional cost to Hutchinson.
Erickson's warrants that during the period it
has owned the property there has not been at •
any time, any waste, substance or mixture or
substances stored, disposed or spilled upon
the property, of a nature or in such
quantities which may be considered hazardous
and therefore subject to or in violation of
local, state or federal law or regulation
requiring penalties, removal or other
remedial action. Erickson's indemnifies and
holds Hutchinson harmless from any cost,
penalty, expense, loss or damage incurred as
a result of the presence or removal of such
regulated hazardous waste, substance or
mixture of substances, that Erickson's placed
or permitted to be placed on the property
during the period of its ownership.
B. Covenant
Erickson's and Hutchinson acknowledge that between
the date hereof and the date of closing,
Erickson's will be creating Erickson's Downtown
Redevelopment Condominium and constructing a
building and certain improvements on the property
and on the adjoining condominium property. In
that connection, the parties agree that Erickson's •
MAR 24 '92 14:06 PAGE.004
•
consistent with the conceptual plans set
forth in attached Exhibit C. Hutchinson
agrees to cooperate with Erickson's in
connection with the foregoing.
C. Warranties
Erickson's makes no warranties to Hutchinson
relative to the building and improvementna to be
constructed pursuant to the foregoing. However,
Erickson's shall, at closing, assign to
Hutchinson, all contractor, subcontractor and
manufacturer warranties applicable to Unit No. 2.
7. TITLE.
•
Erickson's shall, within a reasonable time after
approval of this Agreement, furnish an Abstract of
Title, or a Registered Property Abstract certified to
date to include proper searches covering bankruptcies,
and state and Federal judgments and liens. Hutchinson
shall be allowed thirty (30) days after receipt thereof
for examination of said title and the making of any
objections thereto, said objections to be made in
writing or deemed to be waived. If any objections are
so made Erickson's shall be allowed one hundred twenty
(120) days to make such title marketable. Pending
correction of title, the payments hereunder required
shall be postponed, but upon correction of title and
within 10 days after written notice to Hutchinson, the
parties shall perform this Agreement according to its
terms.
If said title is not marketable and is not made so
within one hundred twenty (120) days from the data of
written objections thereto as above provided, this
Agreement shall be null and void, at option of
Hutchinson, and neither principal shall be liable for
damages hereunder to the other principal. All money
theretofore paid by Hutchinson shall be refunded. If
the title to said property be found marketable or be so
made within said time, and said Hutchinson shall
default in any of the agreements and continue in
default for a period of ten (10) days, then in that
case Erickson's may terminate this Agreement and on
such termination all the payments made upon this
Agreement shall be forfeited by Hutchinson, and
retained by Erickson's and Erickson's agent, if any, as
their respective interests may appear, as liquidated
damages, time being of the essence hereof. This
provision shall not deprive either party of the right
MAR 24 1 92 14:06
PAGE .00�5
17J
s.
9.
10.
of enforcing the specific performance of this Agreement
provided such Agreement shall not be terminated as
aforesaid, and provided action to enforce such specific
performance shall be commenced within six months after
such right of action shall arise.
CASIIZsLTY
In the event the property or any portion thereof is
substantially damaged by any cause before the closing
date, which damage materially affects the value of the
property, then this Agreement shall remain in force and
effect, Erickson "s shall diligently pursue correction
and repair of any such damage and the time for
performance and closing shall simply be extended to
reflect delays Caused by any such casualty.
ANTUSTUrM .
Hutchinson and Erickson's also mutually agree that pro
rata adjustments of rents, interest, insurance and city
water, shall be made as of the date of closing.
gESERVATI NS gESTR IONS AND CONDITIONS •
Hutchinson and Erickson's agree that the property is
transferred to Hutchinson subject to the following
reservations, rights, restrictions and conditions:
A. mm:
The property may be used solely for the operation
of a municipal off -sale liquor store. Hutchinson
(or a successor in interest) shall not use, nor
permit the use of the property or any portion
thereof for any other purpose or purposes
whatsoever, without first obtaining Erickson's
written consent thereto.
B.
Erickson "s shall have the continuing option to
reacquire the property from Hutchinson (or a
successor in interest) on the fifth (5th)
anniversary of the closing date of this
transaction and on every third (3rd) anniversary
of such date thereafter (i.e. eighth anniversary
of closing date, eleventh anniversary of closing
date, etc.). Such option may be exercised only by
written notice from Erickson's to Hutchinson (or a •
8
•
•
•
MAR 24 1 92 14:07
PAGE.006
successor in interest) given not less than
eighteen (18) months prior to the date upon which
such option to purchase will be exercised.
In the event Erickson's exercises its option to
reacquire the property from Hutchinson, such
reacquisition shall be pursuant to the following
terms and conditions:
(i) If Hutchinson wishes to continue the
municipal liquor store business in the
Erickson's Downtown Redevelopment
Condominium, then Erickson "s will, at
its expense, expand the existing
building to the south, to create a new
condominium, to be known as Unit No. 3.
Unit No. 3 will substantially conform to
[flit No. 2, provided, however, that
Hutchinson shall be responsible for
.necessary furnishing and fixturing of
Unit No. 3. Following completion of the
work of expansion, Erickson's will
convey Unit No. 3 to Hutchinson in
exchange for Unit No. 2 and Hutchinson
shall convey Unit No. 2 to Erickson's in
exchange for said Unit No. 3. In such
event, the parties agree that the
condominium documents shall be modified
to incorporate Unit No. 3 and to
equitably adjust percentage shares of
unit owners, all in accordance with the
provisions of the condominium
Declaration.
If Hutchinson determines that it does
not wish to continue in the municipal
liquor store business, then Erickson "s
shall pay Hutchinson a price for
Unit No. 2 equal to the purchase price
paid by Hutchinson to Erickson's for
Unit No. 2.
(iii) If Hutchinson determines that it will
continue in the municipal liquor store
business but wishes to relocate
operations to a different site, then
Erickson's shall pay Hutchinson a
purchase price for Unit No. 2 equal to
seventy -five percent (754) of the
purchase price paid by Hutchinson to
Erickson's for said Unit No. 2.
9
MAR 24 1 92 14:08 PAGE.007
E
(iv) If Erickson's exercises its option to
reacquire the property from Hutchinson
pursuant to subsection (i) above, and
thereafter wishes to again expand and to
reacquire Unit No. 3 from Hutchinson on
one of the option dates hereinbefore set
forth, Erickson's may do so, consistent
with the provisions applicable to the
exercise of said option, and the price
to be paid by Erickson'e to Hutchinson,
shall equal one hundred percent (1004)
of the price paid by Hutchinson to
Erickson's for Unit No. 2.
At closing, Erickson's shall pay the purchase
price above atated or convey marketab tle to
Unit No. 3 to Hutc��on an c inson s a
deliver such duly executed document■ of conveyance
as may be necessary to convey zarketable title to
the property to Erickson's free and clear of all
liens and encumbrances and subject only to the
exceptions to title existing as of the date
Hutchinson acquired the property from Erickson's. -
Possession of the property shall be delivered to
Erickson's on the Hate of closing. The property
shall be delivered in a broom clean condition,
free of all personal property, debris and
hazardous substances.
C. Riaht of Refusal:
The property may be offered for sale and sold by
Hutchinson, provided, however, that Erickson's
shall have a perpetual right of refusal with
respect to any sale of the property either by
Hutchinson or any successor in interest. If
Hutchinson (or a successor in interest) shall
receive a bona fide offer to purchase the
property, which offer is acceptable, prior to
acceptance thereof, Hutchinson (or a successor in
interest) shall give Erickson's, with respect to
each such offer, written notice thereof, which
notice shall include a copy of the offer.
Following delivery of said notice, Erickson "s
shall have 001 days within which to elect
to purchase the property on and pursuant to the
terms and conditions of said offer. Erickson's •
shall give written notice of its election to
10
MAR 24 1 92 14:08 PAGE.008
•
purchase the property within the time period set
forth above. If Erickson'a fails to exercise its
right of refusal as aforesaid, then Hutchinson (or
a successor in interest) may accept the bona fide
offer and sell the property pursuant thereto.
► .;. . ,
Hutchinson shall have the right to require
Erickson's to repurchase the property in the event
Hutchinson is required to withdraw from the liquor
store business by reason of a change in state law
applicable to operation of liquor stores by
municipalities. In such instance, Hutchinson may
exercise its option upon not less than eighteen
(18) months prior written notice to Erickson's.
In the event said option is exercised, the
purchase price shall equal fifty mercent (50 %) of
Closing, conveyance and delivery of possession on
a sale resulting from Hutchinson's exercise of its
option, shall be effectuated in the manner
• described in Subsection 10B above.
E. Leasinc
Hutchinson (or a successor in interest) may not
lease the property or any portion thereof without,
in each instance, obtaining Erickson " s prior
written consent thereto, which consent shall not
be unreasonably withheld.
The foregoing reservations, restrictions and easements
shall be memorialized in a written instrument, in
recordable form, to be executed by the parties at
closing, and thereafter Erickson's shall record the
same.
All obligations of Hutchinson under this Agreement are
subject to and contingent upon Erickson's and
Hutchinson proceeding with development of the real
estate to be .covered by the condominium, under and
pursuant to the Development Agreement entered into
between the parties on February 22, 1992.
L
11
MAR 24 1 92 14:09
PAGE.009
n
U
In the event the foregoing condition is not satisfied
on or before closing, then this Agreement shall be null
and void, and the earnest money herein paid shall be
refunded to Hutchinson forthwith.
All statements contained in any financial materials or
other instruments delivered by or on behalf of
Erickson's pursuant hereto or in connection with the
transaction contemplated hereby, shall be deemed
representations and warranties by Erickson's hereunder.
All representations, warranties, and agreements made by
Erickson's in this Agreement or pursuant hereto shall
be deemed joint and several, except as otherwise
expressly stated, and shall survive closing.
:.4-,►• "
This Agreement shall be binding upon and shall inure tc
the benefit of the respective parties and their heirs,
successors and assigns.
14. DEFAULT
In the event Hutchinson shall default in the •
performance of its obligations hereunder, and
Erickson's shall have performed Or tendered performance
of all of its obligations hereunder, and said default
shall continue for a period of ten (10) days, then, in
that event, Erickson's shall be entitled to terminate
this Agreement and on such termination, all payments
made upon this Agreement shall be forfeited by
Hutchinson and retained by Erickson "s and Erickson's
agent, if any, as liquidated damages, time being of the
essence hereof. This provision shall not deprive
either party of the right of enforcing the specific
performance of this Agreement provided such Agreement
shall not be terminated as aforesaid, and provided
action to enforce such specific performance shall be
commenced within six months after such right of action
shall arise.
15. ENTIRE AGREEMENT
All understandings and agreements heretofore made
between the parties hereto are merged in this
Agreement, which alone fully and completely expresses
their agreement. This Agreement is entered into after
full investigation, neither party relying on ay •
12
•
MAR 24 1 92 14:09
statement or representation not
Agreement.
16. AcCUMCE OF PtM=ASE AMUMM T
PAGE.010
embodied in this
This Purchase Agreement has been signed by Hutchinson
and submitted to Erickson's as of the date first above
written. In the event Erickson's shall fail to accept
this Purchase Agreement, by affixing its signature
hereunto, and by notifying Hutchinson of such
acceptance, on or before 1992, this
Purchase Agreement shall be null and void and of no
force and effect, and the earnest money herein paid
shall be refunded to Hutchinson forthwith.
IN WITNESS WHEREOF, the parties have executed this Purchase
Agreement the date and year indicated below.
Ll
E
BUYER
CITY OF HUTCHINSON
By:
Its
By:
Its
Date:
SELLER
ERICKSON'S DIVERSIFIED
CORPORATION
By:
Its
By:
Its
Date:
13
MAR 24 1 92 14:10
MMIBIT A
LEGAL DESCRIPTION OF ENTIRE CONDOMINIUM PROPERTY
Lots 1, 2, 3, 8, 9, 10, and the North one -half of Lot 4,
except the South 20 feat of the said North one -half of Lot
4, all in Block 14, in the Townsite of Hutchinson, South
half, according to the plat thereof on file and of record in
the Office of the Register of Deeds in and for County of
McLeod, State of Minnesota, together with the North 211 feet
of the alley in Block 14, which alley has been vacated by
the City of Hutchinson.
A
Lots 1, 2, 3, 4, and 5, Block 48; Jefferson Street between
First Avenue Northeast and Washington Avenue (to be vacated
by the City); Lots 1 -10; Block 47 (including the alley
between First Avenue Northeast and Washington Avenue, to be
vacated by the City); that part of Adams Street as platted
in the townsite of Hutchinson, North Half, according to the
recorded plat thereof, described as follows: Beginning at
the northeast corner of Block 47 in said plat; thence south
0 degrees 38 minutes 02 seconds, assumed bearing, along the
east line of said Block 47 a distance of 222.98 feet; thence
north 15 degrees 33 minutes 30 seconds east, a distance of
214.14 feet; thence north 74 degrees 26 minutes 30 seconds •
west, a distance of 62.18 feet to the point of beginning;
all of said property being located within the original plat
of the North Half of Hutchinson, in McLeod County,
Minnesota; and that portion of the alley in Block 48 between
the North line of said Block 48 and a line 12 feet South of
the North line of Lot 7 in Block 48, and the East 8.25 feet
of that portion of the alley extending between the South
line of Block 48 and a line 12 feet South of the North line
of Lot 7, Block 48 (to be vacated by the City); all of said
property being located within the original plat of the North
half of Hutchinson, in McLeod County, Minnesota.
PAGE. 011
•
14
•
•
lJ
MAR 24 1 92 14:11
EMBIT B
Ipl:) gqP `: TN#1 !Y
ERIC SON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
15
PAGE. 012
MAR 24 '92 14:11
PAGE. 0la
A
EOCHIHIT C
DESCRIPTION OF BUILDING
The building to be constructed as part of the project will
be a single -story Type IIN slab on grade structure with
exterior walls constructed of load- bearing decorative
concrete masonry units, with an interior post and beam
structural system, steel roof deck and canopy entrance. The
building footprint will have an area of approximately 46,720
square feet, consisting of an approximate 5,720 square foot
municipal liquor store and a Festival Foods grocery store of
approximately 41,000 square feet. The liquor store space
will have a separate exterior entrance and, in addition, an
interior entry /connection to the grocery store. The
building will be served by a truck loading dock and loading
service area located in the rear of the building. The site
improvements developed in connection with the building shall
include a landscaped berm area at the rear of the building,
along the west right of way of Adams Street, with a minimum
berm height of three (3) feet above the elevation of Adams
Street and appropriate landscape plantings to reasonably
screen the truck service area from public view. is
40
16
MAR 24 1 92 14:12
PAGE. 014
1414 4 0 - 114�
DESCRIPTION OF IMPROVEMENTS TO UNIT NO. 2
ERICKSON "S WORK
Unit No. 2 of
completed in
specifications:
DIMENSIONS:
Frontage:
Area:
As measured
store front
rear wall
center line
WASHROOM
Depth:
by Erickson's Architect from the outside of the
(or lease line indicated) and the outside of the
(or center line if not outside wall) and the
of the demising partitions.
Erickson's will provide one (1) washroom as required by
applicable codes and regulations for a retail store and for
no other requirements, complete with necessary plumbing
fixtures (one water closet and one sink), water heated
electrically, as required by code, toilet paper holder,
mirror, exhaust fan, light, suspended 2' x 4' acoustical
ceiling, flooring installed, walls to be gypsum board taped
and sanded ready for application of Hutchinson's wall
covering, wainscoting as required by code, hollow metal door
with hardware and all electrical hookups for washroom light,
fan, and water heater. Washroom typically shall be located
at the rear of the Premises or as shown on the blockout
drawings. Additional washroom and /or plumbing requirements
will be Hutchinson's responsibility.
•
the Condominium shall be constructed and
accordance with the following outline
17
MAR 24 1 92 14:12
PAGE .01 -5
•
EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
(contd.)
CEILING SYSTEM
ERICKSON'S WORK
Erickson's will provide a suspended T -bar ceiling system
with 2' x 4' lay -in acoustical tile or an allowance of $.80
per square foot for Premises ceiling on a "single plane
basis ". Ceiling height to be 10 feet. Any additional cost
of installing the ceiling system caused by partition walls
or other interior tenant improvements shall be borne by
Hutchinson.
STORE FRONT
The store front shall be 1" thick clear insulating glass and
prefinished metal panels set in an anodized aluminum thermal
break frame system. One tempered clear glass and anodized
aluminum entrance door to be provided by Erickson's.
DEMISING WALLS
Tenant demising walls (party walls) shall typically be 5/8"
thick Type X gypsum board on 4" standard steel studs at 16"
centers, typically. Hutchinson shall verify actual stud
location. Gypsum board will be taped and sanded, ready for
finishing by Hutchinson. Where the steel studs are to carry
any wall mounted equipment required by Hutchinson, the costs
to reinforce the wall to carry the additional loads to be
borne by Hutchinson. one side of each demising wall above
the ceiling plane will be carried to underside of roof deck
by Erickson's.
PARTITIONS WITHIN PREMISES
The washroom partitions are the only partitions within the
Premises provided by Erickson's. All other interior
partitions are the responsibility of Hutchinson.
Where required as a second means of egress from Premises and
as shown on the blockout drawings, a rear door with hardware
will be provided by Erickson's. Additional or larger doors
or openings will be provided at Hutchinson'$ cost, installed
by Erickson's contractor.
•
0
is
•
MM 24 1 92 14:13
EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
ERICKSON'S WORK
(contd.)
DECORATING
PAGE. 016
All decorating in the Premises to be provided by Hutchinson.
FLOORING
Sealed concrete ready for the application of floor covering
by Hutchinson. Hutchinson shall install floor covering,
satisfactory to Erickson's.
SIGNS
•
All signs to be provided by Hutchinson shall be in
accordance with Erickson "s general sign criteria and the
local sign ordinance of the City of Hutchinson. The quality
and design of the sign must be approved in writing by
Erickson "s prior to Hutchinson installation. The fascia
signage will be wired direct to Hutchinson's electrical
panel by Hutchinson's contractor. Erickson's shall provide
a J -Box in this fascia for Hutchinson's signage.
HEATING AND AIR CONDITIONING
Erickson's will provide the Premises with a heating and air
conditioning system. The quality and capacity shall be such
as to provide comfortable conditions in the Premises in
accordance with generally accepted Minnesota standards.
Erickson's will provide the heating and air conditioning
equipment on an open store plan basis. This equipment shall
include; (1) the rooftop unit, (2) the drop to the
Premises, (3) the main distribution trunk, (a) the
thermostat, wired directly to Hutchinson's panel. The cost
of any additional lateral ducts, any dampers and diffusers,
and any cutting and patching of the roof membrane will be
borne by Hutchinson. In order to insure that all warranties
remain intact, this work shall be carried out by Erickson's
contractor, at Hutchinson's sole expense, based upon written
estimates approved in writing by Hutchinson, prior to the
commencement of this work.
If additional electrical capacities are required for
lighting, Hutchinson shall bear the cost of additional air
conditioning required to handle the increased load.
•
19
MAR 24 1 92 14:13 PAGE.017
7
EIMBIT D
LEASEHOLD CONSTRUCTION AND INPROVEKM?TS
ERICKSON'S woRK
(contd.)
Erickson's will (1) bring the power supply to the Premises
up to and including an emptylap_ AMP, zabA of distribution
panel box, (2) provide one Z' x 4' fluorescent lighting
fixture for every one hundred (100) square feet of space
within the Premises. Additional electrical requirements
will be paid for by Hutchinson. Hutchinson washroom light,
exhaust fan and water heater will be connected to
Hutchinson's panel by Erickson's.
4 0 :I40 rZOWTOT
The Premises shall be provided with an automatic fire
protection sprinkler system by Erickson's to meet current
applicable building codes and standards. Coverage will be
on a "single horizontal plane basis" to meet Uniform
Building Code and National Fire Protection Association
requirements. The cost of any change to the basic system •
due to addition of partitions, ceiling height changes,
bulkheads, high storage shelving, etc., will be borne by
Hutchinson, and shall be carried out by Erickson's at
Hutchinson's expense.
Erickson's will provide one telephone conduit to
Hutchinson's space.
OTHER WORK
The space provided by Erickson': is described above. The
cost of any changes or additions to the above will be borne
by Hutchinson and may be carried out by a contractor or
contractors of Hutchinson': choice, subject to the written
approval of the changes, additions and the contractor by
Erickson's.
other contractors working on the Premises must cooperate
with Erickson's project manager, apply and pay for their own
building permits and fees, and conform to all applicable
State and local building codes.
While other contractors may perform work on the Premises on
behalf of Hutchinson, the following areas of work must be •
performed by the contractor of Erickson's, and will be
MAR 24 '92 14:14
•
(contd.)
EXHIBIT D
LEASEHOLD CONSTRUCTION AND I"ROVZMMN'TS
ERICKSON'S WORK
PAGE.018
charged back to Hutchinson on the basis of prior estimates
approved in writing Hutchinson: Structural alterations,
including but not liz byy ted to:
Breaking out concrete floors
cutting and patching the roof membrane
Alterations to exterior walls and store front
Heating and air conditioning system installation or
changes
Plumbing and sprinkler system changes and additions
Electrical feeder changes.
•
•
21
'
FOR YOUR INFORMATION
ARNOLD & MCDOWELL
DAVID H. ARNOLD ATTORNEYS AT LAW
OF COUEEEL
•
CLINT D.WDORau PIA CE
IOI PARR TLIAL.E
W.CAHERON
STEVEN A.ANDEH90N
RATNOND C. LALLIER
O.HARRT ANDERSON HuTCHINSON. MINNESOTA 35330 -2563
PAUL N.EEOICH
STEVEN S. BO z
(612) 587-7575
CHARLES B. CARNICAALL"
AURA X. TRETLND
DAVID A. BRUEOOENANN FAX (611) 307-4096
91561 CEDAR LA[£ ROAD
PAUL D. DOVE ••
NINNEAPOI]B, NINNE90TA 55416
345 -0000
8£9IDENT AT"I'08NEY
JOSEPH R.PAIEN EITT
F
RN "LL FREE BOO -343 -4343
JAREE OTLET O. BARRY ANDERSON
lAA (612)345-1!93
RICHARD O. YCOEE
TIUOTHY W.FAFIN9EI March 29, 1992
501 SOUTH FOURTH STREET
HART E. BORROC[9
PRINCETON, YDlNESDTA 55371
(611) 3159-2214
CATHRYN D. HEHER
FAA (61113159-5506
Mr. Donald Steffen
Hutchinson Elk's, Inc. CERTIFIED MAIL
225 Washington Avenue East RETURN RECEIPT
REQUESTED ^:
Hutchinson, Mn. 55350
Re: Hutchinson Downtown Development - Phase II
Our File No. 3244 -91046
Dear Mr. Steffen:
As you know, this office represents the City of
Hutchinson and the
Hutchinson Community Development Corporation (HCDC).
This letter will serve as official notice of the
intention of HCDC
•
and the City of Hutchinson to exercise the option rights granted
under the contract between the Elks and HCDC.
If you have not previously done so, please make arrangements to
have the Abstract of Title to the property delivered to our office.
As I am sure you are aware, the option sets a closing date, if the
parties do not otherwise agree, of 45 days after the date of this
letter. If you have made alternative arrangements and are prepared
to move earlier than the 45 days specified in the agreement, the
closing date could certainly be advanced. The City does have some
limited flexibility in delaying the closing, but you should
promptly communicate any problems you anticipate in that regard.
We do look forward to working with you as we move this matter along
to a successful conclusion. Thank you.
Very t ours,
AR DOWEL
ry nder on
GBA:lm
CC Robert Peterson
• Gary Plotz
JpQhn Bernhagen
maul Ackland
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LW SPECIALIST BY THE NIl ESOTA STATE BAR ASSOCIATION
.
DAVID B. ARNOLD
GARY D. Ift O LL
STEVRN A. ANDERSON
O. HARRY ANDERSON'
STEVEN S. HOBE
LAURA E. FRETLAND
DAVID A. DHIIE006MANN
PAM D. BOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. M[OEE
TIMOTHY W. PAPINSR
MART E. HORHOCES
CATHRYN D. RE HER
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHIN9oN, MINNESOTA. 55350 -2363
of c W-
AR N
WILLIAM CWILLIAM w.cAMaeox
G. Barry
RAYMOND C. I.ALLIEN
GBA:lm
PAUL M. BEOICH
CC Gary
CHARLES R.CARMICHAEL"
John
(612) 587 -7575
FAX (617) 587 -4096
RESIDRiT ATTORNEY
O. HARRY ANDERSON
Sam CEDAR LIE ROAD
MINNEAPOLIS,MINNESOTA 55416
(am) 545 -9000
MN TOLL FREE 600 -34'1 -4545
FAX ( 619) 545 -1793
March 29, 1992
501 SOUTH FOURTH STREET
PRINCETON, MINNEROiA 55371
(619) 369 -2914
FAX (612) 389-5506
Mr. Myron E. Wigen, Jr.
Wigen Motor Company CERTIFIED MAIL
525 Highway 7 East RETURN RECEIPT REQUESTED
Hutchinson, Mn. 55350
Re: Hutchinson Downtown Development - Phase II
Our File No. 3244 -91046
Dear Mr. Wigen:
As you know, this office represents the City of Hutchinson and the
Hutchinson Community Development Corporation (HCDC).
This letter will serve as official notice of the intention of HCDC
and the City of Hutchinson to exercise the option rights granted •
under the contract between Myron E. Wigen, Jr. and Vivian Wigen and
HCDC.
If you have not previously done so, please make arrangements to
have the Abstract of Title to the property delivered to our office.
I understand you have had a chance to visit with City officials
regarding the possibility of closing this transaction earlier than
the 45 days following the date of this letter as would be the case
under the agreement. The City would be interested in closing this
transaction more quickly and you should not hesitate to contact
either the City Administrator or the undersigned regarding those
arrangements.
We look forward to working with you as we move this matter along
to a successful conclusion. Best personal regards.
Very trul your ,
AR N
cDO L
G. Barry
Anderson
GBA:lm
CC Gary
Plotz
John
Bernhagen
Paul
Ackland
•
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION
'CERTIFIED AN A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCH1NSoN, MINNESOTA 55350 -2563
(612) 587 -7575
FAX (619) 667-4099
RESIDENT ATTORNEY
O -BARRY ANDERSON
Mr. Joe Krammer, Jr.
Joe Krammer Enterprises, Inc.
c/o The Litchfield Laundromat
145 South Holcombe
Litchfield, Mn. 55355
Re: Hutchinson Downtown Development - Phase II
Our File No. 3244 -91046
OF COUfIEL
WILLIAM W.CAIIERON
HAYMOND C. LALLI£R
PAUL X.BEOICH
CHARLES R.CARIIICHAEL
3661 CEDAR LANE ROAD
MINNEAPOLIS, MINNE A 55416
(619) 545-9000
MN TOLL TREE 600 - 340 -4315
TAN (619)343 -IT93
501 SOUTH FOURTH STREET
PRINCETON, MINNESO 53371
(619) 369 -9914
FAX (619) 369-5506
Dear Joe:
• I am pleased to report to you that the City Council has exercised
all remaining options and insofar as your property is concerned,
the City is proceeding ahead.
Accordingly, the City Council has authorized this office to pay the
compensation previously agreed upon for relocation benefits and any
compensation due you for the balance of the lease.
I would propose that we close this transaction on Friday, April 3,
1992 at 1:30 P.M. at this office. The original agreement called
for your departure from the premises on or about May 1, 1992, but
the City would have no objection to allowing you to remain and to
continue to operate the business until May 11, 1992. We do expect
beginning about May 11, however, that demolition and other
activities will likely commence.
You are reminded of the requirement that you provide liability
coverage on this premises up to and including May 11, 1992.
I previously provided to you a revised draft of the agreement, but
for your information, I am enclosing another copy of the same.
•
I CERTIPIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
II CERTITIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID B A '
•
OWNS D. MCDOrELL
EL
ETNVEN A.ANDERSON
O. BANNT ANDERSON'
STEVEN N. HUGE
IADRA E.PHETLAND
DAVID A. B$U£OOEMANN
PAM D. DOVE I *
JOSEPH M. PAIEMENT
JAMES DTLET
RICHARD O. MCOEE
TIMOTHY W. TATINSEI
MART E. HOHHOCNS
CATHRYN D. REBER
March 29, 1992
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCH1NSoN, MINNESOTA 55350 -2563
(612) 587 -7575
FAX (619) 667-4099
RESIDENT ATTORNEY
O -BARRY ANDERSON
Mr. Joe Krammer, Jr.
Joe Krammer Enterprises, Inc.
c/o The Litchfield Laundromat
145 South Holcombe
Litchfield, Mn. 55355
Re: Hutchinson Downtown Development - Phase II
Our File No. 3244 -91046
OF COUfIEL
WILLIAM W.CAIIERON
HAYMOND C. LALLI£R
PAUL X.BEOICH
CHARLES R.CARIIICHAEL
3661 CEDAR LANE ROAD
MINNEAPOLIS, MINNE A 55416
(619) 545-9000
MN TOLL TREE 600 - 340 -4315
TAN (619)343 -IT93
501 SOUTH FOURTH STREET
PRINCETON, MINNESO 53371
(619) 369 -9914
FAX (619) 369-5506
Dear Joe:
• I am pleased to report to you that the City Council has exercised
all remaining options and insofar as your property is concerned,
the City is proceeding ahead.
Accordingly, the City Council has authorized this office to pay the
compensation previously agreed upon for relocation benefits and any
compensation due you for the balance of the lease.
I would propose that we close this transaction on Friday, April 3,
1992 at 1:30 P.M. at this office. The original agreement called
for your departure from the premises on or about May 1, 1992, but
the City would have no objection to allowing you to remain and to
continue to operate the business until May 11, 1992. We do expect
beginning about May 11, however, that demolition and other
activities will likely commence.
You are reminded of the requirement that you provide liability
coverage on this premises up to and including May 11, 1992.
I previously provided to you a revised draft of the agreement, but
for your information, I am enclosing another copy of the same.
•
I CERTIPIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
II CERTITIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Joe Krammer, Jr.
March 29, 1992
Page 2
I picked Friday as the most convenient day from the standpoint of
my schedule and if it poses a problem for you, do not hesitate to
contact me and other arrangements can be made.
I look forward to seeing you again. Best regards.
Very
•
E
•
GBA:lm
Enclosure
CC Gary Plotz
John Bernhagen
Paul Ackland
• DAVED E. ARNOLD
uARY D. McDO EL
STEVEII A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. BODE
LAURA E. PRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOV E"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICBARD O. MCGEE
TIMOYRY N. FAFINSXI
RAHY E. RORROCES
CATRRYN D. REBER
ARNOLD & MCDOWELL
ATToRNEYs AT LAW
101 P ART{ PLACE
HUTCHINsoN, MINNESOTA 55350 -2563
(612) 587 -7575
FAX 1�) 581 -4096
RESIDENT ATTORNEY
O. BARRY ANDERSON
March 29, 1992
Ms. Evelyn Dobratz
126 First Avenue N.E.
Hutchinson, Mn. 55350
Re: Hutchinson Downtown Development - Phase II
Our File No. 3244 -91046
Dear Ms. Dobratz:
OF ODUNEEL
wlL " M. CAM BROW
RAYMOND C. LALLIER
PAUL X.BEOICH
CHARLES R.CARMICBAZL"
5681 CEDAR LEE ROAD
MINNEAMUS I MINNESOTA 55416
(619) 545-9000
MN TOLL TREE 800-343 -454.9
TAX(B19)545-IT93
501 SOUTH FOURTH STREET
FRINCETON. MINN6 S5 n
(619) 369-9914
FAX (619) 369 -5506
As you know, this office represents the City of Hutchinson and the
Hutchinson Community Development Corporation (HCDC).
This letter will serve as official notice of the intention of HCDC
• and the City of Hutchinson to exercise the option rights granted
under the contract between Evelyn Dobratz and HCDC.
If you have not previously done so, please make arrangements to
have the Abstract of Title to the property delivered to our office.
Under the terms of the agreement between yourself and the City,
the closing date will be 45 days from the date of this
correspondence unless you and the City otherwise agree. I believe
the City would be willing to move the closing up if that would be
helpful to you.
Please let us know what your wishes are in this respect. We look
forward to working with you as we bring this matter to a successful
conclusion. Best personal gards.
Very t urs,
WELL
A
G. Barry Anderson
GBA:lm
CC Paul Ackland
Gary Plotz
• John Bernhagen
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY TEE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAw SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION