HomeMy WebLinkAbout15.F.2. SPUC Building Purchase Agreement
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CITY OF SHAKO PEE CONSENT
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: SPUC Building Purchase Agreement
DATE: March 11, 2005
INTRODUCTION:
The Council is asked to approve a purchase agreement regarding acquisition of the
. former SPUC headquarters building, and a related parcel of ground.
BACKGROUND:
Shakopee Public Utilities vacated their headquarters building on Fourth Avenue in
August, 2004. In December, 2003, SPUC and the City had reached a tentative agreement
regarding the purchase of the building and approximately 4.9.acres of land (3.9 acres on
the building site, and an addition 1 acre "orphan" parcel south of the current public works
maintenance yard).
The purchase price negotiated was $725,000. From that, the City would do demolition,
and would retain any salvage rights for building after demolition.
Since that agreement was negotiated, there has been further discussion regarding who
would pay for the relocation of an existing overhead power line on the west and south
side of the building parcel, and also a relocation of an existing watermain. It was
subsequently determined to split the cost ofthat, with a cap for SPUC of$22,500.
The agreement has language which relies upon common law remedies for clean up of
certain environmental prudents, should those be found. In effect, those who are
responsible for creating the pollution would be responsible for clean up. In the case of it
being unknown as to who caused the pollution, SPUC and the City would need to
negotiate a satisfactory outcome. Neither party indemnifies the other on the pollution
Issues.
It is anticipated that the contact for award of construction of the Public Works building
will come to the Council on April 5th (bids are being opened March 22nd). The closing on
this property is scheduled for Thursday, March 24th, with demolition to take place after
April 25th.
BUDGET IMPACT:
The purchase price is included in the budget for the Public Works building.
RECOMMENDATION:
I recommend that the appropriate City officials be authorized to execute the purchase
agreement.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize execution of the purchase
agreement for the former. SPUC headquarters building and property (attached).
Mark McNeill
City Administrator
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I S.M.'. PROJECT NO. 10007-148
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement") is made this _ day of ,
2005 by and between the Shakopee Public Utilities Commission ("SPUC"), a municipal utility
commission organized under Minnesota law and the City of Shakopee (the "City"), a Minnesota
municipal corporation.
RECITALS
WHEREAS, SPUC is the owner of a public utilities building (the "Building") located at 1030
East Fourth Avenue in Shakopee, Minnesota; and
WHEREAS, the Building is situated on the northerly portion of a parcel of land described in
Exhibit A (the "Property"); and
WHEREAS, the City has constructed improvements on the southerly portion of the Property,
and the City has used the southerly portion ofthe Property for City offices and operations; and
WHEREAS, SPUC purchased from the City the northerly portion of the Property on which the
Building is situated; and
WHEREAS, due to historical practices, the City and SPUC never divided the Property or
transferred record title to the northerly portion of the Property to SPUC, and the record title to
the Property is held by the City; and
WHEREAS, the City wishes to acquire the Building and Property for expansion of its own
facilities; and
WHEREAS, SPUC owns an additional parcel of land described in Exhibit B (the "Adjacent
Parcel"), the record title to which is held by the City on behalf of SPUC, which is adjacent to the
Property and which the City also wishes to acquire; and
WHEREAS, both SPUC and the City have occupied and maintained an additional parcel of land
described in Exhibit C (the "Strip Parcel"), the record title to which is unknown, and SPUC'S
interest in which, if any, the City wishes to acquire; and
WHEREAS, SPUC and the City have negotiated and now wish to memorialize the terms of their
Agreement for the conveyance ofthe Property, Building, Adjacent Parcel and Strip Parcel.
NOW, THEREFORE, SPUC and the City agree as follows;
1. OFFER/ACCEPTANCE. In consideration of the mutual agreements contained in this
Agreement, the City agrees to purchase and SPUC agrees to sell to the City the Property,
Adjacent Parcel, Strip Parcel and Building free and clear of any interest of SPUC.
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2. CONTINGENCIES. The City's and SPUC's obligations are contingent upon the
following:
A. Approval of this Agreement by the Shakopee City Council.
B. Approval of this Agreement by the Shakopee Public Utilities Commission.
3. PURCHASE PRICE AND TERMS:
A. PURCHASE PRICE: The total purchase price ("Purchase Price") for the
Property, Adjacent Parcel, Strip Parcel and Building included in this sale is Seven
Hundred and Twenty-Five Thousand and Noll OOths Dollars ($725,000.00). Six
Hundred Seventy-five Thousand and NollOOths Dollars ($675,000.00) of the
Purchase Price is allocated to the Property and Building, and Fifty Thousand and
NoI100ths Dollars ($50,000.00) of the Purchase Price is allocated to the Adjacent
Parcel and Strip Parcel.
B. TERMS:
(1) The City agrees to pay the Purchase ,Price by check or wire transferred
funds on the Closing Date according to the terms of this Agreement. The
City also agrees to deliver such other items as necessary to complete the
transaction.
(2) DEED(S). Subject to performance by the City, SPUC agrees to execute
and deliver a Quit Claim Deed conveying the Property, Adjacent Parcel,
and Strip Parcel to the City, including after-acquired title. At its
discretion, the City may require that the Property, Adjacent Parcel, and
Strip Parcel be conveyed by one or more separate Quit Claim Deeds.
(3) DOCUMENTS TO BE DELIVERED BY SPUC AT CLOSING. In
addition to the Quit Claim Deed(s) required at Paragraph 3(B)(2) above,
SPUC shall deliver to the City:
a. Bill of Sale from SPUC to the City transferring the Building and
any personal property to be acquired by the City.
b. Standard form Affidavit of Seller.
c. A standard Affidavit that SPUC is not a foreign person under
Section 1445 of the United States Internal Revenue Code.
d. Well certificate.
e. Such other documents as may be reasonably required by the City's
title examiner or title insurance company to complete the
transaction.
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4. ENVIRONMENTAL INVESTIGATION AND CLEANUP.
A. BUILDING INSPECTION AND CLEANUP. The City agrees to retain, at its
sole cost, a consultant to conduct an inspection of the Building for potential
hazardous materials, including but not limited to asbestos. The inspection will be
conducted prior to Closing, and the City promptly will provide SPUC with a copy
of the consultant's report. If any hazardous materials, such as asbestos, are
identified that require removal prior to demolition or special disposal, the parties
will cooperatively determine which of the parties will be responsible for
contracting for the removal or special disposal, taking into account the parties'
mutual objectives that the work be completed in the most cost-effective manner
and in full compliance with all applicable laws. The contracting party will
proceed expeditiously with contracting for such removal or special disposal and
will allow the noncontracting party to review and approve, such approval not to be
unreasonably withheld, conditioned or delayed, the specifications and final
contract or change order and will ensure that the contract requires cooperation and
coordination with the City's demolition contractor. SPUC agrees to pay 100
percent of the cost for the removal or special disposal of any hazardous materials
identified by the City's consultant, regardless of whether the removal or special
disposal occurs before or after the demolition of the Building. If the City
contracts for the removal or special disposal, SPUC will reimburse the City within
30 days after receipt of an itemized bill from the City.
B. UNDERGROUND STORAGE TANK. There is an underground fuel storage
tank located in the southwest corner of the Property that is owned by the City (the
"City UST"). Notwithstanding any other provision in this Agreement, the parties
agree that the City is solely responsible for the removal of the City UST and for
any and all costs associated with removal or remediation of hazardous wastes,
pollutants, contaminants or petroleum-related material located on the Property,
Adjacent Parcel or Strip Parcel as a result of the City UST. Notwithstanding the
provisions of Minnesota Statutes section 116.48 or any representation of SPUC
made pursuant thereto, the City also assumes responsibility for the notification
requirements and all liability for costs relating to the City UST.
C. SOILS INVESTIGATION AND CLEAN UP. As part of its demolition and
construction contract, the City will remove the Building debris and any existing
asphalt improvements from the Property, Adjacent Parcel and Strip Parcel. The
City will contract, at its sole cost, for an inspection to be conducted after the
asphalt and Building debris have been removed, to determine whether there is
contamination of the soils on the Property, Adjacent Parcel or Strip Parcel by
hazardous wastes, pollutants, contaminants or petroleum-related material. The
City promptly will provide SPUC with a copy of any consultant's report.
If contamination of any type is identified that requires remediation, special
disposal or special halldling under applicable environmental laws and regulations,
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the parties agree to work cooperatively to determine which of the parties most
likely caused the contamination. The parties hereby acknowledge that SPUC has
owned, possessed and controlled the Building and has possessed and controlled
the northerly portion of the Property on which the Building is situated, as well as
the Adjacent Parcel. The parties further acknowledge that the City has owned,
possessed and controlled the southerly portion of the Property. (In determining
the northerly and southerly portions of the Property, the parties both rely upon the
survey prepared by Schoell & Madson, Inc. for SPUC, dated October 1, 2003,
S.M.I. Project No. 10007-148.)
The parties agree that SPUC is responsible for the abatement or remediation of
any hazardous wastes, pollutants, contaminants or petroleum-related material,
including but not limited to PCB oil spills, on the northerly portion of the Property
or on the Adjacent Parcel caused by SPUC, regardless of whether the wastes,
pollutants, contaminants or materials are removed or remediation occurs before or
after the demolition of the Building or other improvements, and SPUC agrees to
defend, indemnify and hold harmless the City from any suitor claim for
remediation or clean up related thereto. The City is responsible for the abatement
or remediation of any hazardous wastes, pollutants, contaminants or petroleum-
related material on the southerly portion of the Property or the Adjacent Parcel
caused by the City, regardless of whether the wastes, pollutants, contaminants or
materials are removed or remediation occurs before or after the demolition of the
Building or other improvements, and the City agrees to defend, indemnify and
hold harmless SPUC from any suit or claim for remediation or clean up related
thereto.
If any hazardous wastes, pollutants, contaminants or petroleum-related materials
are identified that require removal prior to demolition or special disposal or
special handling, the parties will cooperatively determine which of the parties will
be responsible for contracting for the removal, special disposal or special
handling, taking into account the parties' mutual objectives that the work be
completed in the most cost-effective manner and in full compliance with all
applicable laws. The contracting party will proceed expeditiously with
contracting for such removal or special disposal and will allow the noncontracting
party to review and approve, such approval not to be unreasonably withheld,
conditioned or delayed, the specifications and final contract or change order and
will ensure that the contract requires cooperation and coordination with the City's
demolition contractor. Each party will pay the costs for the abatement,
remediation, removal, special disposal or special handling of those hazardous
wastes, pollutants, contaminants or petroleum-related materials for which that
party is responsible under the preceding segment of this paragraph 4.C., regardless
of whether the abatement, remediation, removal, special disposal or special
handling occurs before or after the demolition of the Building. If one party
contracts for the abatement, remediation, removal, special disposal or special
handling of materials for which the other party is responsible under this paragraph
4.C., the responsible party will reimburse the contracting party within 30 days
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after receipt of an itemized bill from the contracting party.
D. The parties agree that, with regard to groundwater contamination or any other
polluted, contaminated or hazardous environmental condition that is not addressed
by the preceding subparagraphs A, Band C, the parties' respective obligations
and liabilities to each other shall be governed by applicable law; provided, that
any claim brought by one party against the other must be brought within two years
ofthe closing ofthe transaction completed by this Agreement.
E. The provisions, warranties and indemnities of this paragraph 4 shall survive
closing for a period of two years.
5. TITLE EXAMINATION. SPUC agrees to promptly provide the City with any and all
abstracts of title, title policies, or other title information in SPUC's possession. SPUC
has no obligation to provide updated title information. The City is responsible for
investigating the status of title to the Property, Adjacent Parcel and Strip Parcel and
obtaining any title updates that it deems desirable. If the City identifies any defects in
SPUC's title to the Property, Adjacent Parcel or Strip Parcel (acknowledging that record
title to the Property and Adjacent Parcel is held by the City), SPUC and the City agree to
work cooperatively to remove such defects, at no cost to SPUC. SPUC shall be
responsible for the costs of curing defects on the Adjacent Parcel and also of curing those
defects in title to the Property, if any, affirmatively caused by SPUC. SPUC shall have
no obligation to cure defects in title with respect to the Strip Parcel. If the title defects
cannot be cured to the City's satisfaction by the Closing Date, City at its sole option may
terminate this Agreement.
6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. The Adjacent Parcel, Strip Parcel and the Property are exempt from real estate taxes.
B. The City shall assume the balance of all special assessments levied, if any, including
assessments certified for payment with real estate taxes in the year of closing. The
City shall assume pending assessments, if any.
7. CLOSING DATE. The closing ofthe sale of the Property, Adjacent Parcel, Strip Parcel
and Building shall take place on a date to be mutually agreed upon by the SPUC and the
City, but no later than March 24, 2005 (the "Closing Date"). The closing shall take place
at a location mutually agreed upon by the parties.
8. CLOSING COSTS AND RELATED ITEMS. SPUC shall be responsible for payment
of state deed taxes and the recording fees of instruments required to cure any defects in
title to the Property or Adjacent Parcel caused by SPUC (acknowledging that record title
in the City is not a defect in SPUC's title). Unless otherwise provided herein, the City
shall be responsible for the payment of all other closing costs and fees, including but not
limited to conservation fees, recording fees, closing fees and title insurance, etc., except
that each party shall be responsible for its own attorney's fees and costs.
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9. POSSESSION/CONDITION OF PROPERTY. SPUC shall deliver possession of the
Property, Adjacent Parcel, Strip Parcel and Building to the City on the Closing Date.
10. DEMOLITION OF THE BUILDING/SALVAGE RIGHTS. The City intends to
demolish the Building after closing. The City shall be responsible for the costs
associated with the future demolition of the Building, demolition of any improvements on
the Adjacent Parcel, and removal of any underground fuel tanks on the Property, except
that SPUC shall remain responsible for costs to the extent covered by Paragraph 4 of this
Agreement. The City retains all salvage rights to the Building and any other
improvements on the Property or Adjacent Parcel.
11. UTILITY RELOCATION. There are several utility facilities located on the Property,
including a water main and overhead electric power line, both of which are owned and
operated by SPUC in its capacity as a utility company. SPUC agrees to relocate the
overhead electric power line to a mutually agreeable location as agreed upon by the
parties. SPUC agrees to coordinate with the City and the City's contractors regarding the
relocation of the overhead electric power line, in order to avoid or minimize potential
disruption of the City's demolition and construction activities on the Property, and
relocation shall be completed by September 1, 2005 or such later date as the City may
approve in writing. The City agrees to relocate the water main to a mutually agreeable
location as agreed upon by the parties. The City and SPUC shall share the actual costs of
relocating the water main and overhead electric power line with each party being
responsible for fifty percent (50%) of such costs; provided, however, that SPUC's share
of such costs shall not exceed Twenty-two Thousand Five Hundred and NoI100 Dollars
($22,500.00). Any amounts to be reimbursed to either party shall be paid within thirty
(30) days after receipt of an itemized invoice from the City or SPUC, as the case may be,
detailing all labor and material costs incurred in relocating the utilities. SPUC is not
responsible for the cost of relocating any utilities other than the water main and overhead
electric power line. The City understands that it is responsible for reaching agreements
with the affected utility owners for the relocation of any utility facilities other than the
water main and overhead electric power line. The City also agrees that to the extent it
requires such relocation to be made to a location off of the Property or Adjacent Parcel,
the City shall be responsible for obtaining any easements required therefor.
12. DISCLOSURE; INDIVIDUAL SEW AGE TREATMENT SYSTEM; WELL. SPUC
does not know of any individual sewage treatment system or well on or serving the
Property, Adjacent Parcel or Strip Parcel.
13. "AS-IS" SALE. The City acknowledges and agrees that, except as set forth in this
Agreement, the Property, Adjacent Parcel, and Building are being sold in an "as-is,"
"where-is" condition and with all faults without warranty or representation of any kind,
express or implied, as to the condition, suitability, or desirability of the Property,
Adjacent Parcel, or Building. The City acknowledges that, except as set forth in this
Agreement, SPUC has not agreed to perform any work on or about the Property,
Adjacent Parcel, or Building as a condition to the City's purchase of the Property,
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Adjacent Parcel, and Building. The City further acknowledges that, except as set forth in
this Agreement, it is relying solely upon its right to enter the Property, Adjacent Parcel,
and Building and conduct such observations, tests, and investigations as it deems
reasonably appropriate in connection with the Property, Adjacent Parcel, or Building and,
except as set forth in this Agreement, hereby releases SPUC and any agent or broker of
SPUC, and their respective officers, employees or agents, from any responsibility or
liability in respect of the present condition, suitability, or desirability of the Property,
Adjacent Parcel, or Building. Notwithstanding the provisions of Minnesota Statutes
sections 1031.235 or 115.55 or any representation of SPUC made pursuant thereto, the
City assumes responsibility for the notification requirements and all liability for costs
relating to the sealing of any well on the Property or Adjacent Property or bringing any
individual sewage treatment system on or serving the Property or Adj acent Property into
compliance with the individual sewage treatment system rules. Notwithstanding the
provisions of Minnesota Statutes section 116.48 or any representation of SPUC made
pursuant thereto, the City also assumes responsibility for the notification requirements
and all liability for costs relating to underground and aboveground storage tanks.
14. NO RELOCATION BENEFITS. SPUC acknowledges that the acquisition
contemplated by this transaction will not cause SPUC to be displaced. SPUC
acknowledges that it is not entitled to relocation benefits pursuant to Minnesota Statutes,
section 117.052 et seq.
15. BROKER COMMISSIONS. SPUC and the City represent and warrant to each other
that there is no broker involved in this transaction with whom either has negotiated or to
whom either has agreed to pay a broker commission. The City agrees to indemnify
SPUC for any and all claims for brokerage commissions or finders' fees in connection
with negotiations for the purchase of the Property, Adjacent Parcel, Strip Parcel and
Building arising out of any alleged agreement or commitment or negotiation by the City,
and SPUC agrees to indemnify the City for any and all claims for brokerage commissions
or finders' fees in connection with negotiations for the sale of the Property, Adjacent
Parcel, Strip Parcel and Building arising out of any alleged agreement or commitment or
negotiation by SPUC.
16. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and
warranties contained in this Agreement shall not be merged into any instruments of
conveyance delivered at Closing, and the parties shall be bound accordingly.
17. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire
agreement between the parties, and no other agreement prior to this Agreement or
contemporaneous herewith shall be effective except as expressly set forth or incorporated
herein. Any purported amendment shall not be effective unless it shall be set forth in
writing and executed by both parties or their respective successors or assigns.
18. BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure
to the benefit of the parties and their respective heirs, executors, administrators,
successors and assigns. The City shall not assign its rights and interest hereunder without
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notice to SPUC.
19. NOTICE. Any notice, demand, request or other communication which mayor shall be
given or served by the parties shall be deemed to have been given or served on the date
the same is hand delivered, delivered via overnight mail, or deposited in the United States
Mail, registered or certified, postage prepaid and addressed as follows:
If to SPUC: Shakopee Public Utilities Commission
255 Sarazin Street
Shakopee,MN 55379
Attn: Lou Van Hout
If to the City: City of Shakopee
129 South Holmes Street
Shakopee,MN 55379
Attn: Mark McNeill
20. SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the
parties, provided that any action for specific enforcement is brought within six months
after the date of the alleged breach. This paragraph is not intended to create an exclusive
remedy for breach of this Agreement; the parties reserve all other remedies available at
law or in equity.
21. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
22. CONSTRUCTION. This Agreement will be construed and enforced in accordance with
the laws of the State of Minnesota. Time is of the essence for all provisions of this
Agreement.
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8
IN WITNESS WHEREOF, the parties have executed this agreement as of the date
written above.
SELLER: SHAKOPEE PUBLIC UTILITIES
COMMISSION
By
Its Chairperson
By
Its
BUYER: CITY OF SHAKOPEE
By
Its Mayor
By
Its City Administrator
By
Its City Clerk
9
EXHIBIT A
t
Le2al Description of Property
All that tract or parcel of land lying and being in the East half of the Southwest quarter (E 112 of
SW1/4) of Section Six (6), Township One Hundred Fifteen (115) North, Range Twenty-two (22)
West, Scott County, Minnesota, described as follows, to-wit: Starting at a point on the South line of
Fourth Street, East Shakopee, according to the map or plat thereof on file and of record in the office
of the Register of Deeds of Scott County, Minnesota, which point is two hundred fifty and six-
tenths (250.6) feet Southwesterly from the Northeast comer of the Northeast quarter of the
Southwest quarter (NE1I4 of SW1I4) of said Section Six (6) and is also two hundred forty-six and
twenty-five hundredths (246.25) feet West of the North and South one quarter line through said
Section six (6); thence South twelve hundred eighty (1280) feet more or less, to a point in the south
line of the Northeast quarter of the Southwest quarter (NE1I4 of SW1I4) of said Section Six (6),
which point is two hundred thirty-six (236) feet West from the Southeast corner of the Northeast
quarter of the Southwest quarter (NE1I4 ofSW1I4) of said Section Six (6); thence continuing South
along the same line a distance of one hundred eighteen and eight-tenths (118.8) feet, more or less to
the North line of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railway, which
line from said point on the South line of Fourth Street to the North line of said right-of-way is
hereinafter referred to as the East boundary line; thence Northwesterly along the North line of said
right-of-way a distance of two hundred ninety-four and two-tenths (294.2) feet, more or less, to the
intersection of the said right-of-way line with the South line of the Northeast Quarter of the
Southwest Quarter (NE1I4 ofSW1/4) of said Section Six (6); thence West along said South line of
the Northeast Quarter ofthe Southwest Quarter (NE1I4 ofSWl/4) of said Section Six (6) a distance
of forty-two and one-tenth (42.1) feet; thence Northwesterly along the said North line of said right-
of-way a distance of ninety-seven and five-tenths (97.5) feet more or less, to a point four hundred
(400) feet due West of the above described East boundary line; Thence North on a line drawn
parallel to and four hundred (400) feet distant from said East boundary line a distance of eleven
hundred sixty-seven and two-tenths (1167.2) feet, more or less, to the South line of Fourth Street,
East Shakopee; thence Northeasterly along said South line of said Fourth Street a distance of four
hundred six and five-tenths (406.5) feet, more or less, to the place of beginning, excepting the
following: Starting at the Northwest Comer of a 400 foot strip of land now owned by the City of
Shakopee which corner is on the South line of 4th Street at a point 657.1 feet Southwesterly from the
Northeast Comer of said Northeast Quarter of the Southwest Quarter of Section 6-115-22 and
running Thence South on the West line of said 400 foot strip at an angle of 79046' to the South Line
of said 4th Street 208 feet, thence East at right angles 49.0 feet, thence North at right angles and
parallel to the West line 216.9 feet to the South line of said 4th Street and Thence Westerly on said
South line 49.8 feet to point of beginning, containing 0.24 acres.
And
All that part of the Northeast Quarter of the Southwest Quarter of Section 6-115-22, Scott County,
Minnesota, described as follows: Starting at the Northwest comer of a 400 foot strip of land now
owned by the City of Shakopee, which corner is on the South line of Fourth Street at a point 657.1
feet Southwesterly from the Northeast comer of said Northeast Quarter of the Southwest Quarter of
. Section 6-115-22 and running thence South on the West line of said 400 foot strip at an angle of
A-I
79046' to the South line of said 4th Street 208 feet; thence East at right angles 49.0 feet; thence
North at right angles and parallel to the West line 216.9 feet to the South line of said 4th Street and
thence Westerly on said South line, 49.8 feet to the point of beginning, containing 0.24 acre.
A-2
EXHIBIT B
Le2al Description of Adiacent Parcel
All that part of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company, formerly the Hastings and Dakota Railroad Company, in the East Half of the
Southwest Quarter of Section 6, Township 115, Range 22, lying West of the west line of the east
236.8 feet thereof and east of the east line of the plat of Clifton, 1 st Addition extended south; the
centerline ofthe track of said railroad being shown in Scott County Recorder's Document 179992.
EXHIBIT C
Le2al Description of Strip Parcel
That part of the East Half of the Southwest Quarter of Section 6, Township 115 North, Range 22
West of the 5th Principal Meridian described as follows:
Beginning at a point on the south line of Fourth Street as shown on the recorded plat
of the Town of East Shakopee distant 657.10 feet southwesterly from the northeast
corner of said East Half of the Southwest Quarter to a point which is 400.00 feet
west of, as measured at a right angle to and along a line parallel with the following
described "Line A"; thence on an assumed bearing of South 0 degrees 22 minutes 59
seconds West, parallel with said "Line A," a distance of 208.00 feet; thence North
89 degrees 37 minutes 01 seconds West a distance of 11.00 feet; thence North 0
degrees 22 minutes 59 seconds East parallel with said "line A" a distance of 206.01
feet to the south line of said Fourth Street; thence northeasterly along said south line
to the point of beginning.
Said "Line A" is described as:
Commencing at a point on the south line of Fourth Street as shown on the recorded plat ofthe Town
of East Shakopee distant 250.60 feet southwesterly from the northeast corner of said East Half of
the Southwest Quarter to a point which is 246.25 feet west of, measured at a right angle to the east
line of said East Half of the Southwest Quarter; thence southerly to a point on the south line ofthe
Northeast Quarter of the Southwest Quarter of said Section 6 distant 236.00 feet westerly from the
southeast comer of said Northeast Quarter of the Southwest Quarter and said "Line A" there
terminating.
B-1