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Home My WebLink AboutDevelopment Application Supplemental MaterialsProject - N arrative The project consists of a 24 -acre development south of 60 Street between Norwich Street and Future Novak Street. The area is currently zoned Central Business District. We are requesting a Planned Unit Development, PUD and using the B -2 zoning as 'd . guide for the PUD for setbacks, landscaping, parking and other guidelines. The development has a large retail store, Kohl's as the major component of this development. Three to five smaller retail stores will be located South of the Kohr store. The development also consists of three Outiots. The Outlots are strategically p l 1CCc_i to allow options for adjacent property owners, other applicable businesses for the area and store water detention requirements if other options are not available. The development would like to have Future Novak Street in place by the time the development would open. 10/25/02 FRI 09:49 FAX Green Twig LLC P.O. Box 119 Stillwater, MN Daryl Haase 2768 Granada Avenue Oakdale, MN 55128 and Linda Pilgreen 8972 Inverness Road Woodbury, MN 55125 (Tim Nolde -651-439-4187 or cell # 612-991-9459) John H. Haase 803 W. Willard Street Stillwater, MN 55082 (tel: 651-238-8264) seL_Lc-. REI ENGINEERS U002 (tel: 651-230-3839) qe---k3s-C OF ek5c irk E- t cIe (tel: 651- 290 - 388867 ext. 355) 10/25/02 FRI 09:49 FAX cc cyr, trc (goo) vyn 2 LJ L"IQl 1541 ).► 00 34.41 is). nrCrl L4 t IN13441, .115w1 j — C i 4 (41 ism ria 8 L R 1iQ GO A t o r 4 — MGM' >iVA0j4 r`a 5 14 Li4 4 ; rr� EX &OBIT A �> REI ENGINEERS j 003 19/25/02 FRI 09:50 FAX -- ---= COL— (9000) $ Li ESO 1 1SY 3A1 3Hl L$ " 1H T611 JSV3 3Hi dO 3Nn s3M t SE � f <1 w SC 10 o Z 1 °T SOH fINDAN >IVA - a 09 N J :Ii1Qa H109 t� r ill 1SY3 3141 3O 3 l 1531 CD Q Z9 TV I • - 0 I ..,.... C, t il C, I 1011Z CO tql ZOTV 0, r r CiD 9 g 2110 0 Q 0 � CF 1 1•f +4 � - SC co 3 1 1 £rt 4HOd tg ON OUNO r oars CZ'Szr Q c' 0 I, UP WOE EXHIBIT A REI ENGINEERS Z004 (),) (6- Lc_c___ 10/25/02 FRI 09:50 FAX I id jSV )I-] 40 3Hri !S]M tolv zo 'BgZ Q EXHIBIT A 1411iON )VAON CYD } P 1 1 ,<'.-. 1 pti0K1 — 0 c 0 .,_. REI ENGINEERS Z005 C7 cLstilg Wig4 0 ct 66 OCT -25- --2002 08 :38 Total number of pages (including this cover sheet): DATE: ! TO: FROM: MESSAGE: WAS JNGTON C OUNTY DEPARTMENT OF TRANSPORTATION & PHYSICAL DEVELOPMENT SURVEY & LAND MANAGEMENT FDIVI 1ON 14g4g 62 STREET NORTH • P 0 BOX 6 • STILLWATER MINNESOTA 55082 -0006 Phone 651 .430.6875 Facsimile 651 .430,6888 FACSIMILE TRANSMISSION COVER SHEEP rn of E /oM M1Vz FAX: /- 7/5 q060 PHONE: 1 -715- 6 c 7g t � 130A-6_ FAX: 651 - 430 -6888 PHONE: 65143O-g'7 9 Th � 4E4 co mzi le d 7i-o 7 yore P.01 SURVEYOR'S OFFICE Larry S. Nybeok, P.t...S. Deputy Director /County Surveyor Michael J, Welling, P.L.S, Assistant County Surveyor WED 16 :05 FAX 952 341 5492 PUkcHASE AGREEMENT THIS AGREEMENT is made and entzred into as of this 24th day of September, 2002, WREN and DA HAASE, TRUSTEES OF THE RUTH E. end barn LINDA �� GROUP, LTD., a Wisconsin " and AMERICAN INVESTMENT � ar designees ("Buyer"). Corporation, its successors, laasigrs.s Seller to sell to 3uy , � Buyer gA,TCH � era described as 1. - �t a� �� A. attached hereto �chas� from. Seller, certain real per? y containing top .. Heights, �ask��gtan County, Minnesota, aaS� Addition, C� P� � �g Dutl ®� A and 13 �[ ( thc "Property"). • 577 square feet, subject to survey approximately � � 9� q purchase rice of the Property shall be 2,1 �. .�;.�. s any ere er defined "Initial ��a��t ne ; .:� = ay .` :• ' - �} .;... .. _ Ti Title ��ur,�nce �� Yi�.it3 � deposited with First American "Earnest �� Delmar), � � � � within eve ( the ��r�e � F f� r �ftl� ��r�.��+y � �� inne olis, Minnesota Esc Agent" erne t s Company of P� P this Agreement (bengthe dates this �� c da�tc o� Seller's acceptance at $ " •� of notices �- the days after the Scribed �re�n far the d�� ary executed and d.el��+ered in the manner p� shall be those described. herein., Escrow �� The sole duties of • �`��ecur�o� Date"). � f Escrow Agent s - er c other parties �r� are cc��.p�y��g to determine whey said Agent sh�.11 be under no obligation � � Qf �� other agreement among S with z� of law or the terms and conditions x w ith any te�utz�rx�ari t u and shall be protected. in acting v�po� arty ` Escrow Agent may conclusively rely �e5� ; �� con�l�� enu� �d to have been pied or P other document b by it to be g of notice consent, order or with r duo diligence �n the part or parties, corisi gent with mes�te� � by '�� proper �� p ..t to verify any such no��r consent, p Agent shall have no duty or liability y �� Agent. Escrow �.g 8 e� cS�ly' set forth ill this � olt responsibility shall be to act order or other document. I � � s�tute or defend any action, suit or Agent shall be under no obligation to in A. � Escrow �g � s indemnified to its sat�- Sfacti4�- Escrow Y � Y �C�. � in G ��7n with this 1�1 `� cement e:�� Agreement p advice of c ounsel with respect any q Agent may se�� the nth � o�, advice of sucb� counsel. Sh t 'ors taken or omitted in good and not he l�a�le for any � t� Price and refundable pursuant to 1 be allocable to the Purchase Earnest Money Deposit �it s�1 e sited in an �atere st bearing Thy est M.rney Deposit shall be d F 4 a nd � h�f; The � �� Sections � � account with the interest aocrirng to Buyer. ` t to the adjustments required by balance of the Purchase Price (ubj eclat �+� The • ands or by wire transfer Q f anr� � be paid, in cash or certified f y Section 6.2 r�� shall � p Sectia�l 6 �.ereQ�+ available funds Q� the Closing Date (as clef gad m . : .: 'Within twenty (20) days after � 3 i - _�.;- - Seller's sale ,�t end r a curl �xp l dish to Bayer, at a er v �cut�or� Date, �ell�r � � -f Mg curt`�nt form), tog th olio of title it surance (AL • commitment for En o�r�cr s policy .....V. Yom*" the "Purchase Pricer), exact purciae price to in cash ov a ED 16;07 FAX en 941 5492 • (90) Execution Date the ``Review Date "), Bayer, in its sole discrete O may. sane $airs after tie �� t Y dated on or before the Review Agreement by giving written notice thereof to Sella d at terminate this �gro Y � � fulfilled, Thereupon the Earnest in such notice the condition which has not been fie p Date. specifying ' � Section 4 are for Buyer's � sole shall be paid to Buyer. The conditions of this S Money Deposit P • • absolutely) the fulfillment of sole diction may waive (conditionally or y . benefit, Buyer, in its � a only by giving conditions or arty part thereof, specified herein, but n r y g any one or more of the � � before the Review Date. ' to Seller at any time and m time to time on or f written nonce thereof Y t be deemed a waiver of the of Buyer to provide such written notice shall no Any failure '� P � the event Buyer fails to waive or satisfy each I fillrnent of any s uch c ondition: provided, however. in th . fu Y this Agreement shall condition and ratify Seiler on or before the Review Date in Ming tcirnina to and the Earnest Money Deposit shall be paid to Buyer - u �, the even t Buyer unable iunable to satisfy the. conditiouS set forth below on or . � providing �all�:r and Escrow agent with writ= notice before the Review Dom, men. �x pon B uY p � � extend the - current Review Date Buyer shall. have the right to x thereof �n or before the the - that with each • (3) for ninety d +cacti, provi h ev w D� th times tY s Y �� Review "Additional Earnest eta i :.. • e held as ► extension delivers try r ; fi: u = =5 ..�. xn:;;s:::.: Money" hereunder as follows: c event R . t : uye Date, as permitted in c ect to terro note 1s Agrecrnzat at any time a ' er c origia a this Section � ' , then e ell the Earnest Morey Deposit shall be paid to Seller. all eces oVenunental approvals and pits with 4.1 Buyer Shall obtain � � � � g s " C �rironmentaL constr ictio , zoning, platting, street vacation,, sib , regard to all applicable �� regulations and codes fox' the . . . lot spilt, and other land use laws, ordinances and Subdi�si��, 1 � � � Without limiting the generality of the use of the Property as Buyer intends. With l construction � � � � �.�1� �]"'wGd'��'� units �,ndlor shall receive such assurances from the applicable foregoing, Buyer h - v�menta. entitles as Buyer in its sole discretion deems necessary that acccsS from the �ua�i �o z� be ateri�l dvcrsaly' altered or limited. pro cry to �� Street North shall n�€ ' � a Property 42 Buyer shall deterraire th all necessary utilities, inclKelkig, but not limited to, natural gas, sanx ` tarY sewer, storm sewer and water, am loomed at the Property - soil t� envi ronment assessrn t.s or other 4.3 Buyer shalt conduct such s . . t hereunder, the results of which shall be as are consistent with its interc s h tests or investigations etceptable to Buyer in its sole discretion. determine 4 , 4 Buyer Alai' Cods of development for the site and the ' said costs, and said costs are otherwise acceptable feasibility a� the proposed project based upon s to Buyer in its sole judgmttt. � cct�diTi o ns shall cooperate with Buyer in accomplishing . . Seiler � P Seller providing or obtaining " this s S ion 4, including but not limited to p precedent contained �n h� - � the Hst oty Qf #hc Property rtif rations yr app1iCatiofs, investigabn any relevant rnf+vrrnat� Qn, � c participating iii any r�latv�r or ' g documents. and appealing at heanrgs or ❑therwis P p , aced to incur any out execut�r��, a not be obligated f�- however, that Seller shall g governmental processes provided, t na cost to 5ellcx, therewith. Bu er agrees to provide to Seller, a P 3 SELLER: SELLER. IN WITNESS WHEREOF, Seller and Buyer hoe caused this Agreement to be executed es of the day and year first above written. Lind . Pilggen, Date: September 2002 e. Trust Date: Sc P terabc , 2002 n MYER: American Ijvstrneft Group, ttaif a Wisconsin. corporation By: "prgor. �, .. Laurence Its: President Date: Somber 3', 2002 $15,000 Earnest ivioney received pursuant TO Section 2.1 hmeof FIRST AMERICAN TITLE INSURANCE COMP' By: Date` September , 2002 #5 ❑I0 PURCHASE AGREEMENT TIIS AGREEMENT is made and entered into as of this 3rd day of September, 2002, by and between Greentwig, LLC ("Selier"), and American Investment Group, Ltd., a Wisconsin Corporation, its successors, assigns or designees ( "Buyer "). 1. SALE AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, certain real property crosshatched on Exhibit A attached hereto, all included within PID #0502920110033, containing approximately 372,190 square feet, subject to survey (the "Property ") . 2. PURCHASE PRICE. The purchase price of the Property shall b P er square foot (the "Purchase Price "), exact purchase price o be established by surveyor, p` : ` - e as o ' s: arrest 2.1 Money, in cash the -- k' y `` : - aeest ' oney ; toge er wit t e s I Iona arnes Money [h ereinafter defined], the "Earnest Money Deposit "), to be deposited with First American Title an Com P Y Minneapolis, Minnea olis, Minnesota ( "Escrow Agent" or "Title Company ") within five (5) this s after the date of Seller's acceptance of thus Agreement (being the date this Agreement is executed and delivered in the manner prescribed herein for the delivery of notices w the "Execution Date" ) . The sole duties of Escrow Agent shall be those described herein, and Escrow Agent shall be under no obligation to determine whether the other parties hereto are g com P 1 Y in with any requirements of law or the terms and conditions of any other agreement among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting any on notice, consent, order or other document believed by it to be genuine and to have been p Y Y proper presented P P signed or resented b the er party or parties, consistent with reasonable due diligence on the P Agent. of Escrow A ent. Escrow Agent shall have no duty or liability to verify any such notice, r consent, order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. Escrow Agent shall be under no obligation to institute or defend any action, suit or proceeding in connection with this Agreement unless first indemnified to its satisfaction. Escrow Agent may seek the advice of counsel with respect to any question arising under this Agreement and shall not be liable for any action taken or omitted in good faith upon advice of such counsel. The Earnest Money Deposit shall be allocable to the Purchase Price and refundable P ursuant to Sections 3, 4 and 8 hereof. The earnest rnoney shall be deposited in an interest bearing account with the interest accruing to Buyer. 2.2 The balance of the Purchase Price (subject to the adjustments required by Section 6.2 below) shall bP P aid, in cash or certified funds or by wire transfer of immediately available funds on the Closing Date (as defined in Section 6 hereof). 3. SURVEY; TITLE EXAMINATION. Within twenty (20) days after the Execution Date, Seller shall furnish to Buyer, at Seller's sole cost and expense, a current commitment for an owner's policy of title insurance (ALTA -B, current form.), together with copies of all documents referenced therein, issued by Title Company and sh0wring marketable fee • a� as Buyer may vested in Seller (the "Commitment"), subject only to such encumbrances a y y may terminate this Agreement by giving written notice thereof to Seller dated on or before the Review Date, specifying in such notice the condition which has not been fulfilled, and thereupon the Earnest Money Deposit shall be paid to Buyer. The conditions of this Section 4 are for Buyer's sole benefit. Buyer, in its sole discretion, may waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof, specified herein, but only by giving written notice thereof to Seller at any time and from time to time on or before the Review Date. Any failure of Buyer to provide such written notice shall not be deemed a waiver of the fulfillment of any such condition; provided, however, in the event Buyer fails to waive or satisfy each condition and notify Seller on or before the Review Date in writing, this Agreement shall terminate and the Earnest Money Deposit shall be returned to Buyer. In the event Buyer is unable to satisfy the conditions set forth below on or before the Review Date, then upon Buyer providing Seller and Escrow Agent with written rtice P Y p g thereof on or before the then-current Revtvc Date Buyer shall have the right to extend the Review Date three (3) times for ninety (90) days each, provided that with each extension notice Buyer delivers to Escrow Agent, in cash, to be held as "Additional Earnest Money" hereunder, as follows: Extension; Period 1 e event at : uyer shall e ect to terminate t is greemen a any grim a er t e original ' evi Date, as permitted in this Section 4, then all Additional Earnest Money shall be paid to Seller. 4.1 Buyer shall obtain all necessary governmental approvals and permits with regard to all applicable environmental, construction, zoning, platting, street vacation signage, subdivision, lot split, and other land use laws, ordinances and regulations and codes for the construction and use of the Property as Buyer intends. Without limiting the generality of the foregoing, Buyer shall receive such assurances from the applicable governmental units and/or quasi - governmental entities as Buyer in its sole discretion deems necessary that access from the Property to 60th Street North shall not be materially adversely altered or limited. 4.2 Buyer shall determine that all necessary utilities, including, but not limited to, natural gas, sanitary sewer, storm sewer and water, are located at the Property. 4.3 Buyer shall conduct such soil tests, environmental assessments or other tests or investigations as are consistent with its interest hereunder, the results of which shall be acceptable to Buyer in its sole discretion. 4.4 Buyer shall determine the costs of development for the site and the feasibility of the proposed project based upon said costs, and said costs are otherwise acceptable to Buyer in its sole judgment. Seller shall cooperate with Buyer in accomplishing the conditions precedent contained in this Section 4, including but not limited to Seller providing or obtaining any relevant information, certifications or applications, investigating the history of the Property, executing documents, and appearing at hearings or otherwise participating in any regulatory or governmental processes, provided that Seller shall not be obligated to incur any out -of- pocket costs in connection therewith. Buyer agrees to provide copies of all relevant information that 3 • IN WITNESS WHEREOF, Seiler and Buyer have caused this Agreement to be executed as of the day and year first above written. SELLER: Greentwig, LLC BUYER: Y American Investment Group, Ltd, a Wisconsin corporation F By: - / Its: A enceS.L.8 Date: September3rd, 2002 9 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into as of this 3rd day of September, 2002, by and between JCJ Land Corporation, ( "Seller "), and American. Investment Group, Ltd., a a Wisconsin Corporation, its successors, assigns or designees ( "Buyer "). 1. SALE AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees ee gr s to purchase from Seller, certain real property crosshatched on Exhibt A attached hereto all included within PID #05029201 10033, containing approximately 59,770 square feet, subject to survey (the "Property "). esta is e i l y surveyor, -paya eras PURCHASE PRICE. The purchase price of the Property shall be "Purchase Price "), exact purchase price to . e 2.1 ,J'; _ x rnest Money, in cash (the � , n�..ar.. ��.N�_ .... _ . � �� .. _ .... a . � ., � ,._ . ni la arnes oney , oge �.: _r _ e :. p; oney [hereinafter defined], the "Earnest Money Deposit "), to be deposited with First American Title Company of Minneapolis, Minnesota ( "Escrow Agent" or "Title Company ") within five (5) days after the date of Seller's acceptance of this Agreement (being the date this Agreement is executed and delivered in the manner prescribed herein for the delivery of notices -- the "Execution Date "). The sole duties of Escrow Agent shall be those described herein, and Escro Agent shall be under no obligation to determine whether the other parties hereto are complying with any requirements of law or the terms and conditions of any other agreement among said parties. Escrow Agent may conclusively rely upon and shall be protected in acting p g upon any notice, consent, order or other document believed by it to be genuine and to have been signed or presented by the proper party or parties, consistent with reasonable due diligence on the part of Escrow Agent. Escrow Agent shall have no duty or liability to verify any such notice, consent, order or other document, and its sole responsibility shall be to act as expressly set forth in this Agreement. Escrow Agent shall be under no obligation to institute or ~defend any action, suit or proceeding in connection with this Agreement unless first indemnified to its satisfaction. Escrow Agent may seek the advice of counsel with respect to any question arising under this Agreement and shall not be liable for any action taken or omitted in good faith upon advice of such counsel. The Earnest Money Deposit shall be allocable to the Purchase Price and refundable pursuant to Sections 3, 4 and 8 hereof. The earnest money shall be deposited in an interest bearing account with the interest accruing to Buyer. 2.2 The balance of the Purchase Price (subject to the adjustments required by Section 6.2 below) shall be paid, in cash or certified funds or by wire transfer of immediately available funds on the Closing Date (as defined in Section 6 hereof). 3. SURVEY; TITLE EXAMINATION. Within twenty (20) days after the Execution Date, Seller shall furnish to Buyer, at Seller's sole cost and expense, a "current commitment for an owner's policy of title insurance (ALTA -B, current form), together with. copies of all documents referenced therein, issued by Title Company and showing marketable fee title vested in Seller (the "Commitment "), subject only to such encumbrances as Buyer may may terminate this Agreement by giving written notice thereof to Seller dated on or before the Review Date, specifying in such notice the condition which has not been fulfilled, and thereupon the Earnest Money Deposit shall be paid to Buyer. The conditions of this Section 4 are for Buyer's sole benefit. Buyer, in its sole discretion, may waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof, specified herein, but only by giving written notice thereof to Seller at any time and from time to time on or before the Review Date. Any failure of Buyer to provide such written notice shall not be deemed a waiver of the fulfillment of any such condition; provided, however, in the event Buyer fails to waive or satisfy each condition and notify Seller on or before the Review Date in writing, this Agreement shall terminate and the Earnest Money Deposit shall be returned to Buyer. In the event Buyer is unable to satisfy the conditions set forth below on or before the Review Date, then upon Buyer providing Seller and Escrow Agent with written notice thereof on or before the then - current Review Date Buyer shall have the right to extend the Review Date three (3) times for ninety (90) days each, provided that with each extension notice Buyer delivers to Escrow Agent, in cash, to be held as "Additional Earnest Money" hereunder, as follows: Extension Period n the event t at uyer s e ec a . e rri taa e is A greemen a any time a er the origina ' eview Date, as permitted in this Section 4, then all Additional Earnest Money shall be paid to Seller. 4:1 Buyer shall obtain all necessary governmental approvals and permits with regard to all applicable environmental, construction, zoning, platting, street vacation., signage, subdivision, lot split, and other land use laws, ordinances and regulations and codes for the construction and use of the Property as Buyer intends. Without limiting the generality of the foregoing, Buyer shall receive such assurances from the applicable governmental units and /or quasi - governmental entities as Buyer in its sole discretion deems necessary that access from the Property to 6O th Street North shall not be materially adversely altered or limited. 4.2 Buyer shall determine that all necessary utilities, including, but not limited to, natural gas, sanitary sewer, storm sewer and water, are located at the Property. 4.3 Buyer shall conduct such soil tests, environmental assessments or other tests or investigations as are consistent with its interest hereunder, the results of which shall be acceptable to Buyer in its sole discretion. 4.4 Buyer shall determine the costs of development for the site and the feasibility of the proposed project based upon said costs, and said costs are otherwise acceptable to Buyer in its sole judgment. Seller shall .cooperate with Buyer in accomplishing the conditions precedent ent contained in this Section 4, including but not limited to Seller providing or obtaining any relevant information, certifications or applications, investigating the history of the Property, executin g documents, and appearing at hearings or otherwise participating in any regulatory or governmental processes, provided that Seller shall not be obligated to incur any out-of-pocket costs in connection therewith. Buyer agrees to provide copies of all relevant information that 3 IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be executed as of the day and year first above written. SELLER: JCJ Land Corporation By : Its: Date: BUYER: American Investment Group, Ltd, a Wisconsin corporation By: .► -� - -. Its: _ rence S. Lang s President Date: September 3rd, 2002 9