HomeMy WebLinkAbout2008-05-05 Development ApplicationCITY OF OAK PARK HEIGHTS +DEVELOPMENT APPLICATION
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Heights, MN 55082
(651) 439 -4439 Fax: (651) 439 -0574
Street Location of Property 1 4702 & 1 473E 60th Street North
Legal Description of Property See Exhibit A attached hereto
Owner: Name Jacob Holdings of 60th Street LLC and Jacob Holdings of
Osgood Avenue LLC
Address:
City: Minneapolis
Telephone: (Home)
va
City: Minneapolis
Telephone: (Home)
(Fa)) 952 512 8934 (Other)
Applicant: Name Jacob Holdings of 60th Street LLC
Address: 500 Ford Road
(Fax) 992 51 2 R914 (Other)
Type of Request(s)
Zoning District Amendment
x Conditional Use Permit Amehdrtient
Variance: Single Family Residential
Variance: Other Residential /Commercial /Industrial
Subdivision
Subdivision: Minor
Comprehensive Plan Amendment
Description of Request(s):
i t
er /Applicant Initials
Base Fee:
Escrow Amount:
State: MN Zip: 55426
(Business) 952 512 8800
State: MN Zip: 5 5426
(Business) 952 512 8800
Home Occupation
Site Plan Review
PUD: Amendment
PUD: Concept Plan
PUD: General Plan
'Street Vacation
City Financial Assistance
Extension of completion dates from 12/31/08 to 12/31/09 & deletion of
condition 402 & last two seetences of #16 of existing condkional use
If a request for planning /zoning action on the subject site or any part thereof has been
previously approved, please describe it below:
Development Application, Page 2
Applicant Signature Controller
& Additional owner
General Conditions
Application Review
The undersigned acknowledges that before this request can be considered and /or approved, all
required information and fees, including any deposits, must be paid to the City. An incomplete
application will be returned to the applicant. The application approval process commences and
an application is considered complete when all required information and fees are submitted
appropriately to the City.
Professional Fee Responsibility
It is the understanding of the undersigned that all City incurred professional fees and expenses
associated with the processing of this request(s) will be promptly paid upon receipt. If payment
is not received from the applicant, the property owner acknowledges and agrees to be .
responsible for the unpaid fee balance either by direct payment or a special assessment
against the property.
Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community
Development fees as they are accrued. It is understood that interest will be charged on the
account at the maximum rate allowed by the Fair Credit Act if it becomes thirty (30) days past
due. Failure to pay administrative and processing fees in a timely manner may result in denial
of the application. All fees must be paid at the time of application and shall be paid prior to the
issuance of a building permit.
The undersigned applicant further acknowledges and consents that all unpaid fees owing the
City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for
collection as with delinquent utility billings and may be assessed against the subject real
property if unpaid by October 31s of each year.
Property Address 14702 & 14738 60th Street North
HOLDINGF OSC OD /AVENUE LLC
,gontrollerL.
,gF �" TrCEET LLC
Date: 5/5/08
CONTACT INFORMATION LIST
OWNER/APPLICANT:
Name: Barbara Jerich — President of Automotive Dealerships
Address: % Denny Hecker's Automotive Group, 500 Ford Road, Minneapolis,
Minnesota 55426
Telephone No. 952 -512 -8800
Fax No. 952 -512 -8942
E -mail address: Bjerich @dennyhecker.com
Name: Jean Schuldt — Owner /Application Assistant
Address: % Denny Hecker's Automotive Group, 500 Ford Road, Minneapolis,
Minnesota 55426
Telephone No. 612 - 703 -2706
Fax No. 952 -512 -8942
E -mail address: j.schuldt @comcast.net
Parcel 1: /27-v,-
Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof.
Together with the South One -Half of vacated Clara Street lying between the West line of South Fourth
Street and the East line of Meridian Street, now know as Oren Avenue, except the East 362.80 feet
thereof.
(Torrens Certificate of Title No. 55715). PM' Xt 33 - do - V. •vo3
Parcel2: Add.•f 'oa/a./ Lot
_All of RlneksS and 8, Summit Park, except the East 1ZLfret theredaLexcept that part taken for hig way_
also together with vacated Willim Street and the South Half of vacated Myron Street accruing thereto,
together with an easement for ingress and egress over and across the Westerly driveway located on the
East 181 feet of said Blocks 5 and 8 of Summit Park, Washington County, Minnesota.
(Abstract) ta/NA 39 .036 - 2 o - V3 - O V2—
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Parcel 4: O /c/ flmai'a a•;ie - "e-73r 40 erect• /drlh .
All that part of Blocks 5 and 8 and all that part of vacated Willim St. adjacent to said Blocks, of the Plat
of Summit Park, as the same is on file and of record in the Office of the Register of Deeds in and for
Washington Co., Minnesota, more particularly described as follows, to -wit
Commencing at the intersection of the centerline of the vacated Myron St with the Westerly line of
South 4 Street of the Plat of Summit Park, Washington County, Minnesota, thence South along said
Westerly line of South 4' St. on an assumed bearing of South 0 degrees 15 minutes 20 seconds East for
213.30 feet to the point of beginning of this description; thence North 89 degrees 54 minutes 57 seconds
West, parallel with said centerline of Myron St. for 181.00 feet; thence South 0 degrees 15 minutes 20
seconds East, parallel with said Westerly line of South 4 St for 160.46 feet to its intersection with the
new proposed right -of -way of Minn. Hwy. 212; thence North 59 degrees 04 minutes 36 seconds East
along said new proposed right-of-way of Minn. Hwy. 212 for 82.55 feet; thence North 72 degrees 21
minutes 15 seconds East along said new proposed right of4vay of Minp, Hwy 212 for L15.26 feet to said
Westerly line of South, 4th St.; tliei ce North 0 degrees 15 minutes 20 seconds West along said Westerly
line of South 4 St. for 82:83 feet to the point of beginning.
Except that part of Block 5, Summit Park, according to the plat on file in the offic4 of the County
Recorder, Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South Ol degree 00 minutes 33 seconds
Bast, assumed bearing along the East line of said Block 5 a distance of 181.30 feet to the South line of
the North 18130 feet of said Block 5; thence South 89 degrees 19 minutes 13 seconds West along said
South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds East 16.70 feet to the South line
of the North 183.30 feet of the Block 5 and the point of beginning; thence continue South 82 degrees 26
minutes 25 seconds West 61.29 feet to the West line of the East 181.00 feet of said Block 5; thence North
01 degree 00 minutes 33 seconds West along said West line 7.34 feet to said South line of the North
183.30 feet of said Block 5; thence North 89 degrees 19 minutes 13 seconds East along said South line
60.90 feet to the point of beginning.
AND
EXHIBIT A
That part of Block 5, Summit Park, according to the plat on file in the office of the County Recorder,
Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds
East, assumed bearing, along the East Line of said Block 5 a distance of 181.30 feet to the South line of
the North 181.30 feet of said Block 5 and the point of beginning; thence South 89 degrees 19 minutes 13
seconds West along said South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds West
16.70 feet to the South line of the North 183.30 feet of said Block 5; thence North 89 degrees 19 minutes
13 seconds East along said South line 120.10 feet to said East line of Block 5; thence North 01 degree 00
minutes 33 seconds West along said East line of Block 5 a distance of 2.00 feet to the point of beginning.
(Abstract)
(The description of the land constitutes a split of an existing tax parcel. The approval of the appropriate
municipality and/or the Registrar of Titles, if necessary, for that split must be obtained and submitted to
the Company for examination and possible further requirements at least two working days prior to the
closing. The real estate taxes for the entire year in which a tax split takes place must be paid in full.)
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Jacob Holdings Of 60th SL, Llc
500 Ford Rd.
Minneapolis, MN 55426
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April 7, 2008
Mr. Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Eric:
DENNY HECKER'S
AUTOMOTIVE GROUP
Per ouzmee ing of last weekin which we_updated_yuu and your stafWon the- status of the
existing Cadillac Pontiac GMC site and existing Ford site in which we were swapping
site, we need to request an extension of the existing Conditional Use Permit issued
December 9, 2003 and amended April 25, 2006 which is attached hereto based on the fact
that it was our intent to demolish the existing dealership at 14702 60 Street North by
December 31, 2008 and based on the current economic conditions we are going to
operate the existing site as a Ford dealership and by December 31, 2009 we are required
by Ford to build a new dealership which we are proposing at the Oak Park Station site.
I would like to outline what we believe the status of each condition.
1. no comment
2. We have finally closed with the seller's of the old Amoco site at 14738 60
Street North under a contract for deed which is due in full on June 30, 2008.
Since fee ownership to the Amoco site and the main dealership will not be the
same until the contract for deed is paid off, we request an extension until
December 31, 2009 (to tie in with the overall extension date request).
3. no comment.
4. completed.
5. Need an extension from December 31, 2008 to December 31, 2009.
6. Need an extension from December 31, 2008 to December 31, 2009.
7. ok.
8. Need an extension from December 31, 2008 to December 31, 2009.
9. Need an extension. from December 31, 2008 to December 31, 2009.
DENNY HECKER'S AUTOMOTIVE GROUP, INC.
500 FORD ROAD
MINNEAPOLIS, MINNESOTA 55426
952.512.8898
FAX 952.512.8945
800.426.6918
10. completed.
11. ok.
12. delete since the building at the Amoco site is used only for record storage.
13. completed.
14. you have directly from MPCA.
15. completed.
16. delete any parking
17. Need an extension
18. being completed.
19. Need an extension
20. Need an extension
21. Need an extension
22. Need an extension
ere1� ;
huldt
ne No. 612 703 2706
ail: jgschuldt @dennyhecker.com
requirements for the Amoco site.
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
from December 31, 2008 to December
31, 2009.
31, 2009.
31, 2009.
31, 2009.
31, 2009.
Please inform me if there is anything we need to submit for such a request.
Applicant: Jacob Holdings of Stillwater LLC
Address: 500 Ford Road
Minneapolis, MN 55426
Fee Owner. Erickson Post, Inc.
715 Florida Ave So/ STE
Minneapolis MN, 55402
CITY OF OAK PARK HEIGHTS
AMENDED
VARIANCE AND
AMENDED CONDITIONAL USE PERMITS
FOR
Jacob Holdings of Stilhvater LLC
Legal - See Exhibit A. (PMN #33:030.20.43.0057}
(0/i Antoe o 0e)
Site Address: 14738 60th St. North, Stillwater, MN 55082
Present Zoning District: B-2, General Business
Conditional uses set forth in Ordinance 401 Section 401.30 E.
Related Variances and Co itionai Use Permits Grantelik
Certified to be a
true and correct copy
of the original.
Planners File No. 798-02-03.12 & 06.01 Date wed December 9„ 2003
Amended April 25, 2006
L CONDITIONAL USE PERMIT FOR: Auto sales lot, (Conversion Van sales) accessory to principal auto
sales lot and related automobile sales and service business
11. PRINCIPAL BUSINESS AND RELATED PROPERTIES:
Main Dcde p -14702 60th St North, Stillwater, MN 55082 (PIN# 33.03020.43.0042)
Additional Lot -offsite parking and open and outdoor storage ('PIN#33 .030.20.43.003 8)
1. Amended Variance and Conditional Use Permits for Routson Motors issued October 23, 2001 and
amended January 22, 2002.
III. ADDITIONAL RESTRICTIONS AND PROVISIONS.
Approval of a Conditional the Permit upon the subject site is subject to the following conditions:
1. The City finds that the project is consistent with the conditional use permit criteria found in Section
401.30.E of the Zoning Ordinance. Wo comm N t
2.
2. The subject property at 14738 60 Street North be combined with the main dealership property at 14702
60 Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall
be completed within 30 days following the remediation and cleanup of the lot at 14738 60 Street North
from the contamination and certification by the MPCA on the cleanup project acknowledging closure on
the project. e-* ewod -I-0 r 1.1 a fo 9
3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60 Street
North. o �.
4. No signage shall be allowed on the .subject property at 14738 60 Street North. The existing signage on
the canopy shall be removed within 30 days following City Council approval of the conditional use
permit. oon e re. (cd
5. The applicant shall submit a revised site plan indicating a 10 foot driveway and parking area setback,
parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review
and approval of the City Engineer. The parking 1« t and required landscape improvements sly be
completed no later than December 31, 2008. QA-4 e#ucf 4 o 1 13, v
6. The grading and drainage plan . shall be subject to review and approval of the City Engineer. cyck�,d 1 a
/}Jac %g
7. The applicant shall keep open the driveway access to Osgood Avenue and the Highway 36 frontage road. a k
8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City
Arborist..eyoeo-'d 46 t
9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to reviewand
approval by the City. e-ia-r-tue 4 o 1213((09
10. Light shields shall be installed on the under canopy lights by January 15, 2004. e o 613 (e.k.Pl.
11. The applicant is requested, but not required, to replace the exterior broadcast paging system with hand
held paging systems. Upon replacement of the external paging system, a hand held paging system shall
be implemented at the main dealership property at 14702 60 Street North and the subject property at
14738 60 Street North. o (c
12. The site plan shall designate, and the applicant shall supply, a total of four off - street parking stalls for
employees and customers, at least one of which must be disability accessible on the subject property at
14738 60 Street North. delve 151.i.: ((IA/ re eoed S raq .
13. The building shall be inspected by the Building Official to determine if a building permit is necessary for
the completed improvements. co me (ef e. oL
14. Written documentation of closure is provided by the MPCA related to the contamination issues at 14738
60 Street North. door t-
15. Architectural lighting on the existing building at 14738 60 Street North shall be dimmed at night to a
level that is acceptable to the City. dol., e.
16. Forty -seven parking stalls shall be dedicated to customer and employee parking and 16 stalls shall be
dedicated for service at the main dealership property at 14702 60 Street North.
be dedicated for customer • arkin at th y • _ = . = • i et North. One vehicle shall be
17. The applicant shall submit a revised site plan for the main dealership property at 14702 60 Street North
indicating at 10 foot driveway and parking setback with parking areas, vehicle display areas, and access
drives constructed with concrete curb and gutter and landscaping, subject to review and approval of the
City Engineer. The parking lot and required landscape improvements shall be completed no Iater than
December 31, 2008. d o III 3 /o 5
18. All signage at the main dealership property at 14702 60 Street North shall be brought into conformance
with the City's Sign Ordinance found in Section 401.15.G of the Oak Park Heights Zoning Ordinance no
later than October 15, 2008. be .'u 1 e o ae(efe
19. All lighting, including fixtures and photometries, at the main dealership property at 1470 2 6tNb Street
North, shall be brought into conformance with the City's lighting requirenntnts fob in Section
401.15.B.7 of the Oak Park Heights Zoning Ordinance no later than December 31, 2008.e. K ►.rd t a l al3d
20. The applicant shall submit a development application by December 31, 2008 to the City for a new
dealership building and site improvements that includes the properties at 14702 60th Street North and
14738 60 Street North. The applicant shall be required to post a Cash or Letter of Credit security
satisfactory to the city staff with the development applies for the total cost oldie improvements*
satisfy the conditions of the conditional use permit granted for the subject property on December 9,
2003. ef 4 txtbdos
21. The applicant shall complete the conditions of the conditional use permit granted for the subject property
on December 9, 2003 no later than December 31, 200& ese- 34 .1 o /215i /o S
22. If neither of the above stated conditions are complied with, the applicant shall remove all of the vehicles
from the property at 14738 60 Street North and cease all car dealership operations at that site no later
than December 31, 2008. ¢ i.d / . J5/ /o
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
Date:
Date: 5 ° D
By
CI O F OAK P GHTS
ek ilf 1#'14
David/ det, Mayor
r ' 'c Johnson
City Administrator
acob Holdings of Stillwater LLC
EXEIIBIT A
LEGAL DESCRIPTION- (former Service Station Site)
All that part of Blocks 5 and 8 and all that part of Vacated Willim St, adjacent to said Blocks, of
the Plat of Summit Park, as the same is on file and of record in the Office of the Register of Deeds in and for
Washington Co„ Minnesota, more particularly described as follows, to -wit: Commencing at the intersection of
the centerline of the Vacated Myron St. with the westerly line of South 4 Street of the Plat of Summit Park,
Washington County, Minnesota, thence South along said westerly line of South 4 Street on an assumed bearing
of S0° 15' 20 "E for 213.30 feet to the point of beginning of this description: thence N89 °54'57 "W, parallel with
_ said_centerliine_ofMyron St _for 181.00 feet thence S0 °15'20 "E, parallel with said westerly line of South 4 St.
for 160.46 feet to its intersection with the new proposed right -of -way of Mimi. Hwy. 212; thence N59 °04'36 "E
along said new proposed right -of way of Minn. Hwy. 212 for 82.55 feet; thence N72 °21'15 "E along said new
proposed right-of-way of Minn. Hwy. 212 for 115.26 feet to said westerly line of South 4 St.; thence
N0° 15'20 "W along said westerly line of South 4 St. for 82.83 feet to the point of beginning
Containing 0 50 Acres, more or less.
Subject to an easement for ingress and egress over and across the West Twelve (12) feet of the
Easterly One Hundred Eighty -one (181) feet of the Southerly One Hundred Sixty and Forty-six Hundredths
(160.46) feet of Blocks Five (5) and Eight (8) of Summit Park to the Westerly driveway located on, the South
line to the frontage road of Hwy. 212/36.2
ALTA Commitment Schedule A
SCHEDULE A
Order Number: 129819 REVISED: 2/5/2008
1. Effective Date: January 10, 2008 at 7:00 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's 2006
Proposed Insured: Crown Brawley LLC, a Minnesota limited liability
company
Amount of Insurance
$5,210,000.00
(b) ALTA Loan 2006
Proposed Insured: NONE
3. The estate or interest in the land described or referred to in this Commitment and covered herein is
fee simple and is at the effective date hereof vested in:
Parcels 1 and 2: Jacob Holdings of 60 Street LLC, a Minnesota limited liability company
Parcel 4: Erickson Post Acquisition, Inc., a Minnesota corporation, subject to an unrecorded
Purchaser's contract for deed interest in favor of Jacob Holdings of Osgood Avenue, LLC, a
Minnesota limited liability company
4. The land referred to in this Commitment is located in the County of Washington, State of Minnesota,
and described as follows:
SEE ATTACHED EXHIBIT A
STEWART TITLE
GUARANTY COMPANY
Schedule A of this Commitment consists of 3 page(s)
ALTA Commitment Schedule A
Order Number: 129819
SCHEDULE A
EXHIBIT A
REVISED: 2/5/2008
Parcel 1: /yia..i✓ c � / Y70,4 ( 6 *. oreer
Block 4, Summit Park, Washington County, Minnesota, excepting therefrom the East 362.80 feet thereof.
Together with the South One -Half of vacated Clara Street lying between the West line of South Fourth
Street and the East line of Meridian Street, now know as Oren Avenue, except the East 362.80 feet
thereof.
(Torrens Certificate of Title No. 55715). P/N 33 030 - do • V3 • v03 T
Parcel 2: /4dd: f .'a "va. / Lo it
All of Blocks 5 and 8, Summit Park, except the East 181 feet thereof, except that part taken for highway;
also together with vacated Willim Street and the South Half of vacated Myron Street accruing thereto,
together with an easement for ingress and egress over and across the Westerly driveway located on the
East 181 feet of said Blocks 5 and 8 of Summit Park, Washington County, Minnesota.
(Abstract) '7/1.41, 33 - v 3c - 2 o - 4 /3 - 00 v 2--.
()
Parcel 4: Odd Amoco .4t — /4173' &tdm .Serrci .
All that part of Blocks 5 and 8 and all that part of vacated Willim St. adjacent to said Blocks, of the Plat
of Summit Park, as the same is on file and of record in the Office of the Register of Deeds in and for
Washington Co., Minnesota, more particularly described as follows, to -wit:
Commencing at the intersection of the centerline of the vacated Myron St. with the Westerly line of
South 4 Street of the Plat of Summit Park, Washington County, Minnesota, thence South along said
Westerly line of South 4 St. on an assumed bearing of South 0 degrees 15 minutes 20 seconds East for
213.30 feet to the point of beginning of this description; thence North 89 degrees 54 minutes 57 seconds
West, parallel with said centerline of Myron St. for 181.00 feet; thence South 0 degrees 15 minutes 20
seconds East, parallel with said Westerly line of South 4 St. for 160.46 feet to its intersection with the
new proposed right -of -way of Minn. Hwy. 212; thence North 59 degrees 04 minutes 36 seconds East
along said new proposed right -of -way of Minn. Hwy. 212 for 82.55 feet; thence North 72 degrees 21
minutes 15 seconds East along said new proposed right -of -way of Minn. Hwy 212 for 115.26 feet to said
Westerly line of South 4th St.; thence North 0 degrees 15 minutes 20 seconds West along said Westerly
line of South 4 St. for 82.83 feet to the point of beginning. _
STEWART TITLE
GUARANTY COMPANY
Schedule A of this Commitment consists of 3 page(s)
ALTA Commitment Schedule A
AND
SCHEDULE A
Order Number: 129819 REVISED: 2/5/2008
Except that part of Block 5, Summit Park, according to the plat on file in the office of the County
Recorder, Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds
East, assumed bearing along the East line of said Block 5 a distance of 181.30 feet to the South line of
the North 181.30 feet of said Block 5; thence South 89 degrees 19 minutes 13 seconds West along said
South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds East 16.70 feet to the South line
of the North 183.30 feet of the Block 5 and the point of beginning; thence continue South 82 degrees 26
minutes 25 seconds West 61.29 feet to the West line of the East 181.00 feet of said Block 5; thence North
01 degree 00 minutes 33 seconds West along said West line 7.34 feet to said South line of the North
183.30 feet of said Block 5; thence North 89 degrees 19 minutes 13 seconds East along said South line
60.90 feet to the point of beginning.
That part of Block 5, Summit Park, according to the plat on file in the office of the County Recorder,
Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33 seconds
East, assumed bearing, along the East line of said Block 5 a distance of 181.30 feet to the South line of
the North 181.30 feet of said Block 5 and the point of beginning; thence South 89 degrees 19 minutes 13
seconds West along said South Iine 103.52 feet; thence South 82 degrees 26 minutes 25 seconds West
16.70 feet to the South line of the North 183.30 feet of said Block 5; thence North 89 degrees 19 minutes
13 seconds East along said South line 120.10 feet to said East line of Block 5; thence North 01 degree 00
minutes 33 seconds West along said East line of Block 5 a distance of 2.00 feet to the point of beginning.
(Abstract)
(The description of the land constitutes a split of an existing tax parcel. The approval of the appropriate
municipality and /or the Registrar of Titles, if necessary, for that split must be obtained and submitted to
the Company for examination and possible further requirements at least two working days prior to the
closing. The real estate taxes for the entire year in which a tax split takes place must be paid in full.)
po/A# 33- 030 A0- Y3-0o -$7
STEWART TITLE
GUARANTY COMPANY
Schedule A of this Commitment consists of 3 page(s)
ALTA Commitment Schedule B Section 1
Order Number: 129819
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF
FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR
NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE
SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND
BE GOVERNED BY PARAGRAPH THREE (3) OF THE CONDITIONS.
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
2. A properly executed and recordable deed from Erickson Post Acquisition, Inc., a Minnesota
corporation, to Jacob Holdings of Osgood Avenue, LLC, a Minnesota limited liability company, in
fulfillment of an unrecorded contract for deed. As to Parcel 4)
Note: The description of the land constitutes a split of an existing tax parcel. The approval of the
appropriate municipality and/or the Registrar of Titles, if necessary, for that split must be obtained
and submitted to the Company for examination and possible further requirements at least two
working days prior to the closing. The real estate taxes for the entire year in which a tax split takes
place must be paid in full.
3. A properly executed and recordable deed from Jacob Holdings of 60th Street LLC ,a Minnesota
limited liability company, to Crown Brawley LLC, a Minnesota Limited liability company.
(As to Parcel 1 and 2)
4. A proper
limited lia
(As to Par
SCHEDULE B - Section li
Requirements
d and recordable deed from Jacob Holdings of Oren Avenue LLC, a Minnesota
company, to Crown Brawley LLC, a Minnesota limited liability company.
5. A properly executed and recordable deed from Jacob Holdings of Osgood Avenue, LLC, a Minnesota
limited liability company to Crown Brawley LLC, a Minnesota limited liability company. (As to
Parcel 4)
6. Affidavits Regarding Seller(s) executed by Jacob Holdings of 60th Street LLC ,a Minnesota limited
liability company, and Jacob Holdings of Oren Avenue LLC, a Minnesota limited liability company,
and Jacob Holdings of Osgood LLC, a Minnesota limited liability company.
7. Affidavit Regarding Purchaser(s) executed by Crown Brawley LLC, a Minnesota limited liability
company.
8. The company requires the following to be satisfied, subordinated or partially released:
Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents in
the original principal amount of $3,596,000.00, dated 1 -26 -2006, filed 3 -3 -2006, as Document No.
STEWART TITLE
GUARANTY COMPANY
Schedule B1 of this Commitment consists of 2 page(s)
ALTA Commitment Schedule B Section 1
SCHEDULE B - Section I
Requirements
Order Number: 129819
1165261(R/T) and filed 3 -2 -2006, as Document No. 3572019(C/R), between Jacob Holdings of 60
Street LLC, a Minnesota limited liability company, mortgagor, and Wells Fargo Bank, National
Association, a national banking association, mortgagee. (As to Parcels 1 and 2)
9. Financing Statement filed 3 -16 -2006, as Document No. 1165571(R/T) and Document No.
3574159(C/R), executed by Jacob Holdings of 60 Street LLC, as debtor to Wells Fargo Bank,
National Association, as secured party. The company requires the same to be satisfied, subordinated
or partially released. (As to Parcel 1 and 2)
10. The company requires the following to be satisfied, subordinated or partially released:
Mortgage in the original principal amount of $228,000.00, dated 3 -5 -2007, filed 5 -8 -2007, as
Document No. 3642553(C/R), between Jacob Holdings of Oren Avenue LLC, a Minnesota Limited
Liability Company, mortgagor, and Anchor Bank Saint Paul, N.A., mortgagee. (As to Parcel 3)
11. The company requires the following to be satisfied, subordinated or partially released:
Mortgage in the original principal amount of $122,000.00, dated 3 -5 -2007, filed 5 -8 -2007, as
Document No. 3642554, between Jacob Holdings of Oren Avenue LLC, a Minnesota Limited
Liability Company, mortgagor, and Anchor Bank Saint Paul, N.A., mortgagee. (As to Parcel 3)
12. The company requires the following to be satisfied, subordinated or partially released:
Mortgage, Security Agreement, and Assignment of Rents in the original principal amount of
$175,000.00, dated 7 -1 -1996, filed 8 -28 -1996, as Document No. 900867, between Erickson Post
Acquisition, Inc., a MN corporation, mortgagor, and AMOCO Oil Company, a Maryland
corporation, mortgagee. (As to Parcel 4)
13. The company requires the following to be satisfied, subordinated or partially released:
Mortgage in the original principal amount of $1,000,000.00, dated 12 -10 -2007, filed 1 -7 -2008, as
Document No. 3675654(C/R) and 1182223(RJT), between Jacob Holdings of 60 Street, LLC, a
Minnesota Limited Liability Company, mortgagor, and Wells Fargo Bank, National Association,
mortgagee. (As to Parcels 1 and 2)
STEWART TITLE
GUARANTY COMPANY
Schedule BI of this Commitment consists of 2 page(s)
ALTA Commitment
Order Number: 129819
SCHEDULE B - Section II
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
commitment.
2. Rights or claims of parties in possession, not shown by the public records.
3. Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
6. Rights or claims of tenants, as tenants only, in possession under unrecorded leases.
7. As to Parcel 1:
Taxes for the year 2007 in the amount of $11,690.00. They are paid in full. Base Tax amount
$11,690.00.
PIN: 33-030-20-43-0038. Non - Homestead
There are no delinquent taxes of record.
As to Parcel 2:
Taxes for the year 2007 in the amount of $69,112.00. They are paid in full. Base Tax amount
$69,112.00.
PIN: 33- 030 -20 -43 -0042. Non - Homestead
There are no delinquent taxes of record.
As to arcel
Taxes rfe year 2007 in the amount of $2,382.00. They are paid in full. Base Tax amount
$3,379.
PIN: 3 0 -20-43 -0040. Non - Homestead
Ther a delinquent taxes of record.
As to Parcel 4: (Covers additional land)
Taxes for the year 2007 in the amount of $7,234.00. They are paid in full. Base Tax amount
$7,234.00.
PIN: 33-030-20-43-0057. Non- Homestead
There are no delinquent taxes of record.
STEWART TITLE
GUARANTY COMPANY
Schedule B2 of this Commitment consists of 2 page(s)
ALTA Commitment
Order Number: 129819
SCHEDULE B - Section 11
Exceptions
8. Special and pending assessments, if any.
Note: An assessment search has been requested and the results of that search will follow by revision.
9. Easement for trunk highway and snow fence purposes, as created in Final Certificate filed 9 -10 -1963
as Document No. 231472(C/R) and filed 10 -20 -1975, as Document No. 338553(C/R).
10. Terms and conditions of Zoning Order Variance dated 8 -16 -1983, filed 8 -23 -1983, as Document No.
450663. (As to Parcel 2)
11. Easement for ingress and egress purposes, as created in Quit Claim Deed dated 5 -20 -1986, and filed
6 -30 -1986, as Document No. 510771(C/R).
12. Terms and conditions of Resolution No. 07 -08 -55 dated 8 -28 -2007, filed 10 -19 -2007, as Document
No. 3666637(C/R). (As to Parcels 2 and 4)
13. Easement for ingress and egress purposes, as created in Warranty Deed dated 7 -13 -1994, and filed 8-
4- 1994 as Document No. 811155(C/R). (As to Parcel 4)
14. Terms and conditions of Zoning Order Variance dated 1 -22 -1985, filed 1 -30 -1985, as Document No.
478669(C/R). (As to Parcel 4)
15. Terms and conditions of Zoning Order Variance dated 1 -22 -1985, filed 1 -30 -1985, as Document No.
478671(C/R). (As to Parcel 4)
16. Terms and conditions of Amended Variance and Conditional Use Permit dated 1 -5 -2004, filed 2 -11-
2004, as Document No. 3422137(C/R). (As to Parcel 4)
17. Terms and conditions of Amended Variance and Conditional Use Permit dated 6 -1 -2006, filed 6 -21-
2006, as Document No. 3591699(C/R). (As to Parcel 4)
18. Terms and conditions of an unrecorded Contract for Deed between Erickson Post Acquisition, Inc.,
seller, and Jacob Holdings of Osgood Avenue, LLC, a Minnesota limited liability company,
purchaser, dated
19. Easement for roadway and utility purposes, as created in Easement and filed 4 -28 -1972 as Document
No. 33702.
Note: Revised 2 -5 -2008; Effective Date; Schedule B -1, Items 12 & 13 added (mortgages)
STEWART TITLE
GUARANTY COMPANY
Schedule B2 of this Commitment consists of 2 page(s)
56 -M -- Contract For Decd
Corporation or Partnership Seller
No delinquent taxes and transfer entered; Certificate of
Real Estate Value ( ) filed ( ) not required.
by
(Year/
(reserved for mortgage registry tax payment)
County Auditor
Deputy
,a
Minnesota Uniform Conveyancing Blanks (1978) Miller /Davis Co. ° St. Paul. MN 651 642 - 1988
(reserved for recording data)
MORTGAGE REGISTRY TAX DUE HEREON:
Date
THIS CONTRACT FOR DEED is made on the above date by Pricks= Past Acrluisitinn,_Inc
Seller, and Jacob Holdings of Osgood Ayenue 1.l a Minnesota limited liability company
Purchaser (whether one or more). Seller and Purchaser agree to the following terms:
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in
_Washington County. Minnesota, described as follows:
See attached Exhibit A
enrporatinn
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance of this
contract, Seller shall:
(a) Execute, acknowledge and deliver to Purchaser a general warranty
Deed. in recordable form, conveying marketable title to the Property to Purchaser, subject only to the
following exceptions:
(i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract;
(ii) Liens, encumbrances. adverse claims or other matters which Purchaser has created, suffered or
permitted to accrue after the date of this contract; and
under the laws of Minnesota
The Seller certifies that the Seller does not know of any wells on the described ProPerty.
together with all hereditaments and appurtenances belonging thereto (the Property).
2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the following
exceptions:
(a) Covenants, conditions, restrictions, declarations and easements of record, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Building, zoning and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments which are payable by Purchaser pursuant
to paragraph 6 of this contract; and
(e) The following liens or encumbrances: See attached Exhibit B
WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED.
(iii) The following liens or encumbrances:
See attached Exhibit B
Millet/Davis Co. ° St. Paul, MN 651.642.1986
(b) Deliver to Purchaser the abstract of title to the Property or, if the title is registered, the owner's duplicate
certificate of title.
4. PURCHASE PRICE. Purchaser shall pay to Seller at
the sum of _ ' Six Hundred Sixty ThnusantLand No /100 Dollars ($ $6&0,000 00 )
as and for the purchase price for the Property, payable as follows:
1. On the Date of Closing, the sum of Twenty Five Thousand Dollars ($25,000) shall be released from escrow to
Seller.
2. On the Date of Closing, the amount of One Hundred Ten Thousand Dollars ($110,000) shall be paid by
Purchaser to Seller.
3. Purchaser shall make monthly interest only payments at ten percent (10 %) interest on the unpaid principal
balance of Five Hundred Twenty Five Thousand Dollars ($525,000) on the first day of each month following the
Date of Closing for a period of twenty -nine (29) months; and
4. The unpaid principal balance, plus any unpaid accrued interest shall be fully due and payable by Purchaser on
the first day of the thirtieth (30th) month following the Date of Closing.
Seller's address for payments shall be Erickson Post Acquisition, c/o Dodge & Fox, Attn: John Dodge, 715
Florida Avenue, Suite 402, Golden Valley, MN 55426
unless Seller provides written notice to Purchaser of a change in Seller's address.
5. PREPAYMENT. Unless otherwise provided in this contract, Purchaser shall have the right to fully or partially
prepay this contract at any time without penalty. Any partial prepayment shall be applied first to payment of
amounts then due under this contract, including unpaid accrued interest, and the balance shall be applied to the
principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the
due date of the installments to be paid pursuant to this contract or change the amount of such installments.
6. REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues, all real estate
taxes and installments of special assessments assessed against the Property which are due and payable in the year
2402_ and in all subsequent years. Real estate taxes and installments of special assessments which are due and
payable in the year in which this contract is dated shall be paid as follows: prorated between Seller and Purchaser
as of the Date of Closing.
Seller warrants that the real estate taxes and installments of special assessments which were due and payable in the
years preceding the year in which this contract is dated are paid in full.
7. PROPERTY INSURANCE.
(a) INSURED RISKS AND AMOUNT. Purchaser shall keep all buildings, improvements and fixtures now or
later located on or a part of the Property insured against loss by fire,extended coverage perils, vandalism,
malicious mischief and, if applicable, steam boiler explosion for at least the amount of replacement value
if any of the buildings, improvements or fixtures are located in a federally designated flood prone area, and if flood
insurance is available for that area, Purchaser shall procure and maintain flood insurance in amounts reasonably
satisfactory to Seller.
(b) OTHER TERMS. The insurance policy shall contain a loss payable clause in favor of Seller which provides
that Seller's right to recover under the insurance shall not be impaired by any acts or omissions of Purchaser or
Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under
the so- called standard mortgage clause.
(c) NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualty, Purchaser shall
promptly give notice of such damage to Seller and the insurance company.
8. DAMAGE TO THE PROPERTY
(a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the
insurance proceeds paid on account of such damage shall be applied to payment of the amounts payable by
Purchaser under this contract, even if such amounts are not then due to be paid, unless Purchaser makes a permitted
election described in the next paragraph. Such amounts shall be first applied to unpaid accrued interest and next to
the installments to be paid as provided in this contract in the inverse order of their maturity, Such payment shall not
postpone the due date of the installments to be paid pursuant to this contract or change the amount of such
installments. The balance of insurance proceeds, if any, shall be the property of Purchaser.
Millar)Davls Co. c St. Paul. MN 851 -642 -1988
(b) PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in default under this contract, or after
curing any such default, and if the mortgagees in any prior mortgages and sellers in any prior contracts for deed do
not require otherwise, Purchaser may elect to have that portion of such insurance proceeds necessary to repair,
replace or restore the damaged Property (the repair work) deposited in escrow with a bank or title insurance
company qualified to do business in the State of Minnesota, or such other party as may be mutually agreeable to
Seller and Purchaser. The election may only be made by written notice to Seller within sixty days after the damage
occurs. Also, the election will only be permitted if the plans and specifications and contracts for the repair work
are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted
election is made by Purchaser, Seller and Purchaser shall jointly deposit, when paid, such insurance proceeds into
such escrow. If such insurance proceeds are insufficient for the repair work, Purchaser shall, before the
commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment
for the repair work. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the repair
work. Purchaser shall at all times be responsible to pay the full cost of the repair work. All escrowed funds shall
be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures.
The costs incurred or to be incurred on account of such escrow shall be deposited by Purchaser into such escrow
before the commencement of the repair work. Purchaser shall complete the repair work as soon as reasonably
possible and in a good and workmanlike manner. and in any event the repair work shall be completed by Purchaser
within one year after the damage occurs. If, following the completion of and payment for the repair work, there
remain any undisbursed escrow funds, such funds shall be applied to payment of the amounts payable by Purchaser
under this contract in accordance with paragraph 8 (a) above.
9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
(a) LIABILITY. Seller shall be free from Liability and claims for damages by reason of injuries occurring on
or after the date of this contract to any person or persons or property while on or about the Property. Purchaser
shall defend and indemnify Seller from all liability, loss, costs and obligations, including reasonable attorneys'
fees, on account of or arising out of any such injuries. However, Purchaser shalt have no liability or obligation to
Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller.
(b) LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense, procure and maintain liability
insurance against claims for bodily injury, death and property damage occurring on or about the Property in
amounts reasonably satisfactory to Seller and naming Seller as an additional insured.
10. INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain pursuant
to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do
business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchaser at all
times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than
ten days written notice to Seller before cancellation. non - renewal, termination or change in coverage, and
Purchaser shall deliver to Seller a duplicate original or certificate of such insurance policy or policies.
11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under
power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to
such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser
under this contract, even if such amounts are not then due to be paid. Such amounts shall be applied first to unpaid
accrued interest and next to the installments to be paid as provided in this contract in the inverse order of their
maturity. Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or
change the amount of such installments. The balance, if any, shall be the property of Purchaser.
12. WASTE, REPAIR AND LIENS. Purchaser shall not r
' commit or allow waste of the
Property. Purchaser shall maintain the Property in good condition and repair. Purchaser shall not create or permit
to accrue liens or adverse claims against the Property which constitute a lien or claim against Seller's interest in
the Property. Purchaser shall pay to Seller all amounts, costs and expenses, including reasonable attorney's fees,
incurred by Seller to remove any such liens or adverse claims.
13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of this
contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchaser. The
mortgage registry tax due upon the recording or filing of this contract shall be paid by the party who records or
files this contract; however, this provision shall not impair the right of Seller to collect from Purchaser the amount
of such tax actually paid by Seller as provided in the applicable laws governing default and service of notice of
termination of this contract.
14. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the Property, a copy of
such assignment shall promptly be furnished to the non - assigning party.
15. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms of
this contract or fails to perform any of Purchaser's obligations as set forth in this contract. Seller may, at Seller's
option, pay the same or cause the same to be performed, or both, and the amounts so paid by Seller and the cost of
such performance shall be payable at once, with interest at the rate stated in paragraph 4 of this contract, as an
additional amount due Seller under this contract. If there now exists, or if Seller hereafter creates, suffers or
permits to accrue, any mortgage, contract for deed, lien or encumbrance against the Property which is not herein
expressly assumed by Purchaser, and provided Purchaser is not in default under this contract. Seller shall timely
pay all amounts due thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such
delinquent amounts and deduct the amounts paid from the installment(s) next coming due under this contract.
16. DEFAULT. The time of performance by Purchaser of the terms of this contract is an essential part of this
contract. Should Purchaser fail to timely perform any of the terms of this contract, Seller may, at Seller's option,
elect to declare this contract cancelled and terminated by notice to Purchaser in accordance with applicable law. All
right, title and interest acquired under this contract by Purchaser shall then cease and terminate, and all
improvements made upon the Property and all payments made by Purchaser pursuant to this contract shall belong
to Seller as liquidated damages for breach of this contract. Neither the extension of the time for payment of any
sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this contract forfeited by
reason of any breach shall in any manner affect Seller's right to cancel this contract because of defaults
subsequently occurring, and no extension of time shall be valid unless agreed to in writing. After service of notice
of default and failure to cure such default within the period allowed by law, Purchaser shall. upon demand,
surrender possession of the Property to Seller, but Purchaser shall be entitled to possession of the Property until
the expiration of such period.
• 17. BINDING EFFECT. The terms of this contract shall run with the land and bind the parties hereto and their
successors in interest.
18. HEADINGS. Headings of the paragraphs of this contract are for
contents of such paragraphs.
19. ASSESSMENTS BY OWNERS' ASSOCIATION. If the Property
assessments to be levied against the Property by any owners' association,
Property if not paid, then:
(a) Purchaser shall promptly pay, when due, all assessments imposed
required by the provisions of the declaration or other related
(b) So long as the owners' association maintains a master or blanket
perils and such other hazards and in such amounts as are required
(i) Purchaser's obligation in this contract to maintain hazard insurance
(ii) The provisions in paragraph 8 of this contract regarding
provisions of the declaration or other related documents; and
(iii) In the event of a distribution of insurance proceeds in lieu
to the Property, any such proceeds payable to Purchaser are
the sum secured by this contract, with the excess, if any, paid
20. ADDITIONAL TERMS:
See attached Exhibit C.
SELLER
Erickson Post Acquisition, Inc.
convenience only and do not define, limit or construe the
is subject to a recorded declaration providing for
which assessments may become a lien against the
by the owners' association or other governing body as
documents; and
policy of insurance against fire, extended coverage
by this contract, then:
coverage on the Property is satisfied; and
application of insurance proceeds shall be superseded by the
of restoration or repair following an insured casualty loss
hereby assigned and shall be paid to Seller for application to
to Purchaser.
i l l iERS
igittL
„„,,,,- By: I e. tots E. ecker
B Richard L. Zi. erman Its: Chief Manager
Its President
By
Its
STATE OF MINNESOTA
COUNTY OF 33.
This )edged 9, a.0 N9 ,....J
instrument was ackn before me this
(Date)
by Richard Zimmerman /end
the President emi
of Erickson Post Acquisition, Inc.
a corporation under the laws of Minnesota
on behalf of the Seller
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK):
^. .. ..
,
�`& ♦ L / , 'wit ,
...:
LAUREL A. F
„ i Notary Mnnes oblic Public
t Minnesota
rlr commune EryMm N.. 31. 2005
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
STATE OF MINK SOTA
33.
COUNTY OF ikivoir
This instrument was acknowledged before me on Jul. / 9 abt) 2--
Date
by 1 .- 1 1 t I...ge iiii
Jacob Holdings of Osgood AvenneJ I..•,..a- inn . • 1. -. . . .1 IWIt. . .e 1R chaser.
NOTA r OR SRnuniierfitERgl�fi -rl. v
1� .. '
A� _ -
2035
„,, N,,,f,.'.,.•. -.
'f - f1T •U OR OTHER OFFICIAL
Tax Slateme is for the rea property described in this instrument should
b sent to (include name and address of Grantee):
•
Jacob . • gs of Osgood Avenue LLC
11115 INSTRUMENT WAS DRAFTED DV (NAME AND ADDRESS):
(VLL)
Siegel, Brill, Greupner, Duffy & Foster, P.A.
1300 Washington Square
I00 Washington Avenue
Minneapolis, MN 55401
500 Ford Road
Minneapolis, MN 55426
FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES PRIORITY
OVER PURCHASERS' INTEREST IN THE PROPERTY.
Miller /Davis Co. ° SL Paul, MN 851.642 -1988
Parcel 1:
All that part of Blocks 5 and 8 and all that part of vacated William St. adjacent to said Blocks, of
the Plat of Summit Park, as the same is on file and of record in the Office of the Register of
Deeds in and for Washington Co., Minnesota, more particularly described as follows, to -wit:
Commencing at the intersection of the centerline of the vacated Myron St. with the Westerly line
of South 4 Street of the Plat of Summit Park, Washington County, Minnesota, thence South
along said Westerly line of South 4 St. on an assumed bearing of South 0 degree 15 minutes 20
seconds East for 213.30 feet to the point of beginning of this description; thence North 89
degrees 54 minutes 57 seconds West, parallel with said centerline of Myron St. for 181.00 feet;
thence South 0 degree 15 minutes 20 seconds East, parallel with said Westerly line of South 4
St. for 160.46 feet to its intersection with the new proposed right -of -way of Minn. Hwy. 212;
thence North 59 degrees 04 minutes 36 seconds East along said new proposed right -of -way of
Minn. Hwy. 212 for 82.55 feet; thence North 72 degrees 21 minutes 15 seconds East along said
new proposed right -of -way of Minn. Hwy 212 for 115.26 feet to said Westerly line of South 4th
St.; thence North 0 degree 15 minutes 20 seconds West along said Westerly line of South 4 St.
for 82.83 feet to the point of beginning.
EXCEPT that part of Block 5, SUMMIT PARK, according to the plat on file in the office of the
County Recorder, Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33
seconds East, assumed bearing, along the East line of said Block 5 a distance of 181.30 feet to
the South line of the North 181.30 feet of said Block 5; thence South 89 degrees 19 minutes 13
seconds West along said South line 103.52 feet; thence South 82 degrees 26 minutes 25 seconds
East 16.70 feet to the South line of the North 183.30 feet of the Block 5 and the point of
beginning; thence continue South 82 degrees 26 minutes 25 seconds West 61.29 feet to the West
line of the East 181.00 feet of said Block 5; thence North 01 degree 00 minutes 33 seconds West
along said West line 7.34 feet to said South line of the North 183.30 feet of said Block 5; thence
North 89 degrees 19 minutes 13 seconds East along said South line 60.90 feet to the point of
beginning.
Parcel 2:
That part of Block 5, SUMMIT PARK, according to the plat on file in the office of the County
Recorder, Washington County, Minnesota described as follows:
Commencing at the Northeast corner of said Block 5; thence South 01 degree 00 minutes 33
seconds East, assumed bearing, along the East line of said Block 5 a distance of 181.30 feet to
the South line of the North 181.30 feet of said Block 5 and the point of beginning; thence South
89 degrees 19 minutes 13 seconds West along said South line 103.52 feet; thence South 82
degrees 26 minutes 25 seconds West 16.70 feet to the South line of the North 183.30 feet of said
Block 5; thence North 89 degrees 19 minutes 13 seconds East along said South line 120.10 feet
to said East line of Block 5; thence North 01 degree 00 minutes 33 seconds West along said East
line of Block 5 a distance of 2.00 feet to the point of beginning.
mas- 062402- 2224 3-Exhibit A to Contract for Decd
EXHIBIT A
1. Highway easement(s) over part of the Property in favor of the State of Minnesota, as created
in Document No. 338553;
2. Temps and conditions of City of Oak Park Heights Zoning Ordinance Variances filed as
Document Nos. 478669 and 478671;
3. Easement for ingress and egress over the West 12 feet as contained in Warranty Deed dated
July 13, 1994, filed of record August 4, 1991, as Document No. 811155.
4. Matters identified on the Survey dated January 31, 2001.
5. Any covenants, restrictions, easements and encumbrances by or on behalf of Purchaser or
Guarantor by or after the date of the Contract for Deed.
mas- 062402 - 22243- Exli6LL B to Contract for Deed • revised
EXHIBIT B
tnas- 062402- 22243- EXNItIT C to Contract for Deed - revised
EXHIBIT C
1. The Purchaser may remove all of the improvements on the Property, at Purchaser's cost;
No additional work or improvements may be made to the Property without Seller's consent,
which consent shall not be unreasonably withheld, delayed or conditioned, except that
Purchaser will have the right to blacktop any vacant land and to install signage and lighting
with notice to Seller but without Seller's consent; and
3. Dennis E. Hecker shall unconditionally guaranty the Purchaser's performance of the Contract
for Deed.
4. Prior to Purchaser's commencement of any repairs, alterations or additions to the Property,
including the removal of all of the improvements, Purchaser shall deliver to Seller any plans and
specifications, and indemnifies Seller against liens, costs, damages and expenses related thereto.
Additionally, Purchaser shall serve on all contractors and post statutory notice (Minn. Stat. §
514.06), and keep said notice posted in a conspicuous place on the Property, notifying all
laborers and/or materialmen that said improvements or alterations are not for the benefit of the
Seller or at Seller's instance.
CLOSING AGREEMENT
THIS CLOSING AGREEMENT ( "Closing Agreement ") made and entered into as of
January 1, 2008, by and between Erickson Post Acquisition, Inc., a Minnesota corporation
( "Erickson Post ") and Jacob Holdings of Osgood LLC, a Minnesota limited liability company
( "Jacob Holdings ").
RECITALS
A. Erickson Post and Jacob Holdings are parties to a Purchase Agreement dated April
25, 2002, as amended by that certain Settlement Agreement entered into on December 14, 2007
( "Purchase Agreement "), copies of which are attached hereto and incorporated herein as Exhibits A
and A -1 respectively, for the sale and purchase of the property located at 14738 — 60 Street North,
Oak Park Heights, Minnesota (the "Property ").
B. Erickson Post and Jacob Holdings, as set forth in the Purchase Agreement are also
parties to an undated Contract for Deed executed by both parties on July 9, 2002, for the sale and
purchase of the Property ( "Contract for Deed "), a copy of which is attached hereto and incorporated
herein as Exhibit B.
C. Erickson Post and Jacob Holdings are also parties to an Escrow Agreement (the
"Escrow Agreement ") dated July 9, 2002 with Commonwealth Land Title Insurance Company
( "Commonwealth ") for the purpose of closing on the sale and purchase of the Property.
D. The parties have reached an agreement to cause the release of the documents and
proceeds being held by Commonwealth pursuant to the Escrow Agreement, and close the
transaction pursuant to the terms of the Purchase Agreement.
NOW, THEREFORE, in consideration of the Recitals and other good and valuable
consideration the parties hereto agree as follows:
1. Unless otherwise defined in this Closing Agreement, all defined terms used herein
shall have the meaning set forth in the Purchase Agreement. The Recitals are incorporated into and
made a part of this Agreement.
2. The terms of the Contract for Deed are modified effective as of January 1, 2008 as
follows:
(a) $172,910.30 the receipt of which is hereby acknowledged by Erickson Post.
(b) $ 20,000.00 is credited against the balance of the Contract for Deed.
(c) $467,089.70 is the balance of the Contract for Deed after application of the
above $20,000.00.
(d) Jacob Holdings shall make monthly interest only payments at 10% interest
on the unpaid principal balance commencing on February 1, 2008 and on the 1 day of each
month thereafter until the entire principal and all accrued interest is paid in full.
(e) The entire unpaid principal balance and all unpaid accrued interest shall be
fully due and payable by Jacob Holdings on June 30, 2008.
3. Erickson Post acknowledges receipt of $3,987.00 representing interest due under the
Contract for Deed from January 1, 2008 to February 1, 2008 and $410.00 for expenses.
4. The parties acknowledge that the Property is under a lease between Erickson Post
and Jacob Holdings of Stillwater LLC dated February 1, 2003 (the "Lease ") in which the lease
payment is $1,500.00. Erickson Post acknowledges receipt of a lease payment for the month of
January, 2008. Erickson Post agrees to refund the January, 2008 rent payment in the form of a
credit of interest due under the Contract for Deed for February, 2008. Simultaneously with the
execution of this Closing Agreement, Erickson Post and Jacob Holdings will execute a termination
of lease in form attached hereto as Exhibit C.
5. Simultaneously with the execution of this Closing Agreement, Erickson Post and
Jacob Holdings shall execute the closing statement attached hereto as Exhibit D and deliver a signed
closing statement to each other.
6. The parties acknowledge that the Contract for Deed will not be recorded unless
Jacob Holdings, as Purchaser, fails to timely perform any of the terms of the Contract for Deed and
it becomes necessary for Erickson Post , as Seller, to declare the Contract for Deed canceled and
terminated by notice to Purchaser in accordance with applicable law. Erickson post will have all
remedies available to them pursuant to the Contract for Deed In such event, Seller may mark the
Effective Date of the Contract for Deed, as amended, and records it in the real estate record of
Washington County.
7. Commonwealth is holding in escrow the satisfaction of mortgage of the BP Products
North American, Inc. (fka Amoco Oil Company) ("BP") along with a mortgage payoff letter dated
August 13, 2002, for that certain Mortgage dated July 21, 1996, filed August 28, 1996, s Document
No. 900867 BP has confirmed, to the satisfaction of all parties, that no amount is owing on said
Mortgage. Upon receipt of the satisfaction executed by BP, Erickson Post will cause it to be filed in
the real estate records
8. The purchase agreement for the Property stated that BP has a right of first refusal to
purchase the Property pursuant to an Agreement dated March 11, 1996. BP issued a waiver letter
dated July 3, 2002. Erickson Post and Richard Zimmerman, personally, agree to indemnify and
hold Jacob Holdings and its principal, Dennis E. Hecker, harmless from any and all costs, loss and
damage including reasonable attorney's fees resulting from any future claims of right of first refusal
by BP.
9. The parties hereto desire to have the escrow released by Commonwealth. Jacob
Holdings is not requiring that Commonwealth provide closing services nor the issuance of a title