HomeMy WebLinkAboutItem 11December 14, 2012
PURCHASE AGREEMENT FOR THE PURCHASE OF PROPERTY FROM HMWHC, LLC
FOR THE DOWNTOWN PARKING LOT IMPROVEMENT PROJECT
December 17, 2012 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Purchase Agreement and
Access Easement with HMWHC for Downtown Parking Lot Improvements .
Passage of this motion will result in acquisition of the privately owned portion of the Downtown
Parking Lot in the Ben Franklin Block that is planned for a public parking area.
Overview
The EDC recommended in March and the City HRA approved in April of this year a Joint Powers
Agreement (JPA) with the Dakota County CDA in March of this year to complete identified
redevelopment projects within Redevelopment Project Area No. 1 which encompasses all of the
Downtown Area. One of the proposed projects identified at that time was to complete public parking
improvements in the Ben Franklin Block.
The parking lot project involves the reconstruction of an existing parking lot at the location shown on
Exhibit A. Approximately half of the parking lot is currently owned by the City and the CDA and the
other half was recently acquired by HMWHC, LLC. The City has reached a tentative agreement to
purchase the portion owned by HMWHC, LLC for $90,000. In addition, the City agrees to grant an
access easement over the area being acquired to provide access to their remaining parking area.
The portions of the parking area owned by the CDA are also proposed to be conveyed to the City at no
cost to the City. Future costs associated with snow removal and maintenance will be shared by the
adjoining property owners. The Council approved a design contract with WSB for this project in
August and construction is scheduled for 2013. Staff recommends approval of the purchase
agreement and easement agreement with HMWHC, LLC. A letter of support from the Downtown
Business Association is also attached.
Primary Issues to Consider
• What is the proposed funding source for this project? The entire project cost including
property acquisition will be funded with tax increments previously collected by the CDA.
Supporting Information
• Purchase Agr-e •• en -s sement Agreement with HMWHC, LLC
David L. Olson, Community and Economic Development Director
Item No.
Financial Impact: $ 90,000 Budgeted: Y/N N Source: Dakota County CDA
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www.downtownlakeville.com
December 11, 2012
Mayor Bellows & City Council Members
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Authorization to Purchase Hewitt Investment Outlot
Dear Mayor & Council Members:
On behalf of our Board of Directors I am writing to inform you that the Board is in total
support of purchasing the Hewitt Investment Outlot.
As part of the 2007 Downtown Development Guide and Action Plan, it was determined
that "The City should take the first steps towards the establishment of a public parking
system in Downtown." The purchase of the above referenced outlot is indeed the
beginning to fulfill this action item.
We recommend that the City Council approve the authorization to purchase this parcel of
land.
au aglun . ' Presiden
PWH:jt
Downtown Lakeville Business Association
P.O. Box 371 • Lakeville, MN 55044
952- 985 -0517
THIS PURCHASE AGREEMENT (the "Agreement ") is effective as of the day
of , 2012, by and between CITY OF LAKEVILLE, a Minnesota municipal
corporation ( "Purchaser ") and HMWHC, LLC, a Minnesota limited liability company
( "Seller ").
1.0 Property To Be Purchased. Seller is the owner of real property located in the
City of Lakeville, Dakota County, Minnesota as legally described in the attached Exhibit "A"
( "Seller Property "). Subject to compliance with the terms, covenants and conditions of this
Agreement, Seller shall convey to Purchaser that portion of the Seller's Property legally
described in the attached Exhibit "B ", ( "Property ") including existing parking lot
improvements, together with all other existing improvements located thereon, all appurtenant
rights, easements, mineral rights, and all right, title and interest of Seller in and to all
improvements and fixtures located thereon (all of the foregoing hereinafter collectively referred
to as the "Real Property ").
2.0 Purchase Price. The purchase price ( "Purchase Price ") for the Property under
this Agreement is Ninety Thousand Dollars ($90,000.00), which Purchaser will pay, in full, in
cash or certified funds, on the Date of Closing.
3.0 Evidence of Title. Within fifteen (15) days of the date of this Agreement,
Purchaser shall be responsible for obtaining title evidence and reviewing title to the Property.
Purchaser shall be allowed twenty (20) business days after the receipt of the title commitment for
examination of title and making any objections, which shall be made in writing or deemed
waived. Seller shall have one hundred twenty (120) days to have such objections removed or
satisfied. Seller shall proceed in good faith and use best efforts to cure objections to title within
such one hundred twenty (120) day period. If Seller shall fail to have such objections removed
within said time, Purchaser may, at its sole election: (a) terminate this Agreement without any
liability and provide a quit claim deed in favor of the Seller to the Property; or (b) waive such
objections and take title to the Property subject to such objections. Any exceptions waived or
accepted by Purchaser shall be deemed to be Permitted Exceptions.
4.0. Deed/Marketable Title. Subject to performance by the Purchaser, Seller shall
execute and deliver a Limited Warranty Deed, conveying good and marketable title to the
Property, subject only to the following exceptions:
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PURCHASE AGREEMENT
4.1 Building and zoning laws, ordinances and state and federal regulations.
4.2 Restrictions relating to the use or improvement of the Property that do not affect
Purchaser's intended use.
4.3 Permitted encumbrances.
4.4 Reservation of minerals and mineral rights to the State of Minnesota.
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5.0. Closing. The closing for the conveyance of the Property will take place sixty (60)
days following the date of this Agreement or may occur on such earlier date as Seller and
Purchaser may agree in writing ( "Date of Closing ") at a place mutually agreed upon by the
parties. However, this contract shall be void and no longer valid if a closing does not occur prior
to March 18, 2013, unless this date is otherwise extended in writing by the parties. An extension
on behalf of the Seller may be approved in writing by the City Administrator.
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4.5 Utility and drainage easements which do not interfere with present improvements.
6.0 Real Estate Taxes and Special Assessments.
6.1 Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the
year of closing shall be prorated between Seller and Purchaser on a per diem basis
to the Date of Closing based on the pro rata portion of the Seller's Property to be
owned by each party following the Closing.
6.2 Deferred Real Estate Taxes. Purchaser shall pay on the Date of Closing any
deferred real estate taxes (including "Green Acres" taxes under Minn. Stat.
§273.111) payment of which is required as a result of the closing of this sale and
the recording of the deed.
6.3 Special Assessments. Purchaser shall pay all special assessments levied, pending
or constituting a lien against the Property as of the Date of Closing.
6.4 Taxes and Special Assessments in the Years Following Closing. Purchaser shall
pay real estate taxes payable in the years following the Date of Closing and
special assessments payable therewith, the payment of which is not otherwise
provided herein. Seller makes no representation concerning the amount of future
real estate taxes or of future special assessments.
7.0. Possession. Possession of the Property shall be delivered to Purchaser on the
Date of Closing.
8.0. Representations and Warranties of Seller. Seller represents and warrants to
Purchaser:
8.1 At Closing Seller will have good and marketable title, free and clear of all liens,
security interests and encumbrances, except as otherwise provided under this
Agreement.
8.2 To the best of Seller's knowledge, there are no actions, suits or proceedings
pending or threatened against or affecting either Seller or the Property.
8.3 To the best of Seller's knowledge, no party has engaged in any such use, storage,
discharge or release. Seller has operated the Property in compliance with all
applicable federal, state and local environmental laws, ordinances, rules and
regulations relating to the handling, storage and disposal of hazardous and toxic
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wastes and substances, petroleum products and other regulated substances.
Seller's operation of the Property is now and shall on the Date of Closing be in
compliance with all such environmental laws, ordinances, rules and regulations,
including but not limited to the maintenance of all required permits and approvals.
Seller has not used or stored hazardous wastes or substances, petroleum products
and other regulated substances on the Property, nor has Seller discharged or
released any such substances upon the Property, including, but not limited to,
underground injection of such substances, in violation of any federal, state or
local environmental law, ordinance, rule or regulation.
8.4 The representations and warranties of Seller contained in this Agreement must be
true now and on the Closing Date as if made on the Closing Date and Seller shall
have delivered to Purchaser on the Closing Date a certificate dated the Closing
Date, signed by Seller, certifying that such representations and warranties are true
as of the Closing Date and survive the Closing ( "Bring Down Certificate ").
85. Seller shall, without charge to Purchaser, cooperate in Purchaser's attempts to
obtain the administrative subdivision required for conveyance of the Property.
Seller shall further execute such documents as may be reasonably necessary to
accomplish the foregoing within two (2) days of being presented with the
documents.
9.0 Representations of Purchaser. As an essential part of this Agreement and in
order to induce Seller to enter into this Agreement and to sell the Property to Purchaser,
Purchaser hereby represents and warrants to Seller:
9.1 Purchaser has the requisite power and authority to enter into and perform this
Agreement and the Closing documents relating thereto signed by it; such
documents have been duly authorized by all necessary action on the part of
Purchaser and have been duly executed and delivered; such execution, delivery
and performance by Purchaser of such documents does not conflict with or result
in a violation of any judgment, order, mortgage, contract, agreement, or decree of
any court or arbiter to which Purchaser is a party nor result in any lien, charge or
encumbrance of any nature whatsoever on the Property; such documents are valid
and binding obligations of Purchaser, and are enforceable in accordance with their
terms.
10.0. Seller's Closing Documents. At Closing, Seller shall execute and deliver to
Purchaser the following:
10.1 Deed. A Limited Warranty Deed, conveying the Property to Purchaser, free and
clear of all encumbrances, except the Permitted Exceptions.
10.2 Well Disclosure Certificate. A Certificate signed by Seller warranting that there
are no "Wells" on the Property within the meaning of Minn. Stat. § 103I or if
there are "Wells," a Well Certificate in the form by law.
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10.3 Certificate of Non - Foreign Status. A non - foreign affidavit, property executed,
containing such information as is required by Internal Revenue Code Section
1445(b)(2) and its regulations.
10.4 Seller's Affidavit. A standard form Affidavit by Seller indicating that on the date
of closing there are no outstanding unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the, to the best of Seller's knowledge,
the Property.
10.5 Storage Tanks. If the Property contains or contained a storage tank, an affidavit
with respect thereto, as required by Minn. Stat. § 116.48.
10.6 Bring Down Certificate. The Bring Down Certificate stating that all
representations and warranties survive the Closing.
10.7 Access Easement. The access easement identified under Paragraph 14.1
10.8 Other Documents. All other documents reasonably determined by either party or
the title insurance company to be necessary to transfer and provide title insurance
for the Property.
11.0 Purchaser's Closing Documents. At closing, Purchaser shall execute and
deliver to Seller the following:
11.1 Purchaser's Price. The Purchase Price, by wire transfer of U.S. Federal Funds or
by certified check.
11.2 Access Easement. The access easement identified under Paragraph 14.1
11.3 Other Documents. All other documents reasonably determined by either party or
the title insurance company to be necessary to transfer and provide title insurance
for the Property.
12.0 Closing Costs. The costs relating to this transaction shall be paid as follows:
12.1 Purchaser shall pay:
a. Issuance of a title commitment,
b. The closing fee charged by the title company.
c. Recording fee for the Warranty Deed.
d. Premiums for owner's title insurance.
e. The costs for engineers or other consultants, if any engaged by Purchaser
regarding the Property.
f. State Deed Tax
13.0 Purchaser's Contingencies. The following items are Purchaser's contingencies
to this Agreement. If the contingencies are not performed, satisfied or waived prior to the Date
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of Closing, then this Agreement may be terminated at Purchaser's option by written notice from
Purchaser to Seller. All of the contingencies set forth in this Agreement are specifically stated
and agreed to be for the sole and exclusive benefit of the Purchaser, and only Purchaser shall
have the right to unilaterally waive any contingency by written notice to the Seller.
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13.1 Administrative Subdivision. Purchaser shall have obtained, at its sole cost and
expense, approval by the City of Lakeville of an administrative subdivision of the
Property from the Seller's Property.
13.2 Representations and Warranties. The representations and warranties of Seller
contained in this Agreement must be true now and on the Closing Date as if made
on the Closing Date and Seller shall have delivered to Purchaser on the Closing
Date a certificate dated the Closing Date, signed by Seller, certifying that such
representations and warranties are true as of the Closing Date and survive the
closing ( "Bring Down Certificate ").
13.3 Title. Title shall have been found acceptable, or been made acceptable, in
accordance with the requirements and terms contained herein.
13.4 Testing. Purchaser shall have determined, on or before the Closing Date that it is
satisfied in its sole judgment with the results of its investigation and review of all
matters disclosed by any environment testing, site assessments, soil tests,
engineering inspections, Hazardous Substances and environmental review of the
Property, all such tests, assessments, inspections and review to be obtained at
Purchaser's sole cost and expense.
13.5 Physical Condition of the Property. Purchaser, in its sole judgment, shall have
determined on before the Closing Date, that it is satisfied with its inspection of the
physical condition of the Property, improvements constructed on the Property.
14.0 Seller's Contingencies. The following items are Seller's contingencies to this
Agreement. If the contingencies are not performed, satisfied or waived prior to the Date of
Closing, then this Agreement may be terminated at Seller's option by written notice from Seller
to Purchaser. All of the contingencies set forth in this Section are specifically stated and agreed
to be for the sole and exclusive benefit of the Seller, and only Seller shall have the right to
unilaterally waive any contingency by written notice to the Purchaser:
14.1 Access Easement. Seller will need access to public parking over the Property for
tenants of the property that Seller will be retaining. Thus, a contingency of this
Agreement is execution by Purchaser at Closing of a permanent access easement,
substantially in the form attached hereto as Exhibit "C ", over the Property to
serve the following property owned by Seller.
14.2 Parking Certification. Documentation from the City of Lakeville that the parking
area remainining in Seller's ownership together with public parking is adequate to
serve the current and future uses authorized under the City's zoning ordinance
operating within the building owned by Seller that is served by the parking areas.
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15.0 Access to Property. Seller shall allow Purchaser and its agents access to the
Property for an inspection thereof. Purchaser may conduct soil tests, soil borings and other tests
of the Property. As a condition of such entry, Purchaser indemnifies and saves Seller harmless
from and against any liability (including liability for bodily injury, death and reasonable
attorneys' fees) and any mechanic lien attaching to the Property as a result of the work performed
in making any such inspection. Purchaser shall further repair and restore any damage to the
Property caused by or occurring during Purchaser's testing and return the Property to
substantially the same condition as existed prior to such entry.
16.0 Default. If either party shall default in any of their respective obligations under
this Agreement, the other party, by notice to such defaulting party specifying the nature of the
default and the date on which this Agreement shall terminate (which date shall not be less than
seven (7) days after the giving of such notice), may terminate this Agreement, and upon such
date, unless the default so specified shall have been cured, this Agreement shall terminate. In the
case of any default by the Purchaser, Seller's sole and exclusive remedy shall be termination of
this Agreement as provided above.
17.0 Brokerage. Seller and Purchaser represent that they have not contracted with a
broker, sales agent or similar party in connection with this transaction. Each party agrees to
indemnify and hold the other harmless of any claim made by a broker or sales agent or similar
party for a commission due or alleged to be due on this transaction on the basis of an agreement
with said broker made by the indemnifying party. The parties' obligations set forth in this
paragraph shall survive termination of this Agreement.
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18.0 "As is" Purchase.
18.1 Except as specifically set forth in this Agreement or any document contemplated
hereby, (i) the Property is being sold, conveyed, assigned, transferred and
delivered "as is, where is" on the date hereof and in its condition on the date
hereof, "with all faults," and Seller is not making, and expressly disclaims, any
other representation or warranties written or oral, statutory, express or implied,
concerning the Property, including but not limited to, representations or
warranties relating to value or quality of the Property or the prospects, financial or
otherwise, risks or other incidents of the Property or with respect to this
Agreement or the transactions contemplated hereby or thereby, and (ii) Seller
specifically disclaims any representation or warranty of merchantability, usage,
suitability or fitness for any particular purpose with respect to the Property or any
part thereof, or as to the workmanship thereof, or the absence of any defects
therein, whether latent or patent.
18.2 Purchaser acknowledges that the provision of this Section is a material part of the
consideration to be received by Seller under this Agreement, and that Seller has
agreed to the Purchase Price by reason of such understanding. This representation
by Purchaser shall survive Closing.
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19.0 Right of First Refusal. In the event Purchaser elects to sell the Property to a
third party, other than a governmental agency for continued use of the Property as a public
parking lot, Purchaser shall extend to Seller the right of first refusal, which right shall exist until
December 31, 2032. Seller shall have sixty (60) days following written notice by Purchaser to
the Seller of the terms of of the offer, to notify Purchaser that the terms are acceptable to Seller
and that the Seller exercises its right of first refusal. This right of first refusal is a personal right
of Seller so long as Seller continues to own the property legally described in the attached Exhibit
"D" (Additional Seller's Parcel ") and shall not run with the land. The terms of this provisions
shall be incorporated in the Limited Warranty Deed and shall survive the Closing.
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20.0 Miscellaneous. The following general provisions govern this Agreement:
20.1 Time is of the Essence. The Date of Closing is of the absolute essence.
20.2 Governing Law. This Agreement is made and executed under and in all respects
is to be governed and construed under the laws of the State of Minnesota.
20.3 Notices. Any notice required to be given to Seller or Purchaser pursuant to this
Agreement shall be in writing and shall be deemed duly given: (i) on the date of
personal delivery; (ii) one day following dispatch by Express Mail or equivalent
or (iii) two (2) days following mailing certified or registered mail, postage
prepaid, return receipt requested, to the respective addresses of the parties set out
below:
Seller:
With a copy to:
Purchaser:
City Administrator
City of Lakeville
Lakeville City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Andrea McDowell Poehler
Campbell Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
HMWHC, LLC
c/o James Kretsch, Jr.
Kretsch & Gust
5151 Edina Industrial Blvd.
Suite 650
Minneapolis, MN 55439
20.4 Purchaser's Waiver Rights. Purchaser may, at Purchaser's option, waive any right
conferred upon the Purchaser by this Agreement.
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20.5 Amendment. This Agreement shall be amended only by a written instrument
signed by Seller and Purchaser.
20.6 Construction. The captions and headings of the various sections of this Agreement
are for convenience only and are not to be construed as defining or as limiting in
any way the scope or intent of the provisions hereof. Wherever the context
requires or permits, the singular shall include the plural, the plural shall include
singular, and the masculine, feminine and neuter shall be freely interchangeable.
20.7 Entire Agreement. This Agreement sets forth the entire understanding of the
parties and may be amended, modified or terminated only by an instrument signed
by the parties.
20.8 Counterparts. For the convenience of the parties, any number of counterparts
hereof may be executed and each such executed counterpart shall be deemed an
original, but all such counterparts together shall constitute one in the same
Agreement.
20.9 Survival. The terms, covenants, conditions and obligations of the Seller and
Purchaser shall survive the Closing under this Agreement.
The parties have executed this Agreement as of the day and year set forth above.
[Signature pages to follow]
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Seller:
CITY OF LAKEVILLE
By:
Mark Bellows, Mayor
By:
Charlene Friedges, City Clerk
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Purchaser:
HMWHC, LLC
B z-
Its:
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EXHIBIT A
LEGAL DESCRIPTION SELLER'S PROPERTY
Outlot A, Hewitt Investment First Addition, County of Dakota, State of Minnesota, according to
the recorded plat thereof.
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
That part of Outlot A, Hewitt Investment First Addition, County of Dakota State of Minnesota,
according to the recorded plat thereof, lying southerly of the north line of Lot 6, Block 1, Wright
and Balch's Addition, County of Dakota, State of Minnesota, according to the recorded plat
thereof.
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12
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EXHIBIT C
ACCESS EASEMENT
13
EXHIBIT D
LEGAL DESCRIPTION OF ADDITIONAL SELLER'S PARCEL
Lot 1, Block 1, Hewitt Investments First Addition, County of Dakota, State of Minnesota,
according to the recorded plat thereof.
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ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT ( "Agreement ") is made, executed and
entered into this day of , 20_, by and among the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City "), HMWHC, LLC, a Minnesota limited liability
company ( "Grantee ")
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RECITALS
A. In connection with the execution of this Agreement, the Grantee transferred certain
real property to the City in fee title, which property is located in the City of
Lakeville, County of Dakota and State of Minnesota, legally described in the
attached Exhibit "A" ( "City Property").
B. Grantee is the owner of certain real property located in the City of Lakeville, County
of Dakota and State of Minnesota, legally described on Exhibit "B" attached to this
Agreement ( "Grantee Property"), which property abuts the City Property. Grantee
desires access from the Grantee Property to Howland Avenue over the City
Property.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements
contained herein, and for other valuable consideration, the City hereby declares that Parcel B shall
be benefited by and Parcel A shall be subject to, the following appurtenant easement, rights,
covenants and conditions, which shall run with the respective Parcel A and Parcel B and inure to the
benefit of and be binding upon the City and the Grantee and their respective successors and assigns.
1. Grant of Easement. The City hereby grants, transfers and conveys to the Grantee
for the benefit of Parcel B, an appurtenant perpetual, non - exclusive driveway easement for vehicular
and pedestrian ingress and egress purposes over and across those portions of Parcel A which are
now or hereafter improved or reasonably determined by the City to be necessary to be improved
with driveways or sidewalks for access by vehicles and pedestrians to and from public streets and
driveways to Parcel B ( "Access Easement "). Grantee shall have no rights to use of any other
portion of Parcel B, except only those rights specifically granted herein.
2. Use of Access Easement. The Access Easement shall be used by Grantee solely for
vehicular and pedestrian ingress and egress purposes by and for Grantee, its respective invitees,
licensees, tenants, lessees, customers, patrons, employees, servants, and visitors. The parties
acknowledge that the Access Easement has been constructed prior to the date of this Agreement and
may be reconstructed by the City in the future. No other right to use any other portion of Parcel A is
granted hereunder.
3. Care of Easement Area. The City shall be responsible for all costs and expenses
for improvement, repairs, maintenance, snow removal, cleaning and replacements as may be
necessary from time to time to maintain the driveway currently located on the Easement Area, in
good, clean and safe condition, at the City's sole cost and expense.
4. Minimum Interference. Grantee shall always exercise its use of the easement and
rights hereunder, reasonably and in such a manner as to cause the least possible interference under
the then circumstances with the use and enjoyment by the other parties and persons who have the
right to use, or are subject to, such easements.
5. Notices. Any notice to be given by either party to this Agreement shall be given in
writing and delivered in person, by overnight courier, by facsimile (with a copy sent by regular
mail) or by registered mail, postage prepaid, return receipt requested, addressed as follows:
City:
With a copy to:
Grantee:
Such notices, if delivered personally or be overnight courier service, shall be deemed given at the
time of delivery; if sent by registered or certified mail, shall be deemed given three (3) days after the
time of mailing (or such later date as evidenced by the receipt indicating delivery). Any party may
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City Administrator
City of Lakeville
Lakeville City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Andrea McDowell Poehler
Campbell Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
HMWHC, LLC
c/o James Kretsch, Jr.
Kretsch & Gust
5151 Edina Industrial Blvd.
Suite 650
Minneapolis, MN 55439
provide a change to the address set forth in this Section by a writing sent pursuant to the terms and
conditions of this Section.
6. Costs. City shall pay all recording fees in connection with the recording of this
Easement.
7. Construction. The rule of strict construction does not apply to this Agreement.
This Agreement shall be given a reasonable construction so that the intention of the parties to
convey a commercially usable right of enjoyment is carried out.
8. Governing Law. This Agreement is governed by the laws of the State of
Minnesota.
9. Amendments. The parties hereto acknowledge and agree that this Easement shall
not be modified or amended without the written approval of both parties to this Agreement.
10. The Running of Benefits and Burdens. All provisions of this Agreement,
including the benefits and burdens, run with the land and are binding upon and shall inure to the
benefit of the assigns, licensees, invitees, successors, tenants and employees of the parties to this
Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year
first above written.
CITY OF LAKEVILLE
By:
, Mayor
By:
, City Clerk
STATE OF MINNESOTA )
COUNTY OF DAKOTA )
ss
The foregoing instrument was acknowledged before me this day of
, 20, by and , the Mayor
and City Clerk, respectively of the City of Lakeville a Minnesota municipal corporation, on
behalf of the corporation.
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Notary Public
HMWHC, LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20, by , the of HMWHC, LLC, a Minnesota
limited liability company, on its behalf.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
[AMP]
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Notary Public
EXHIBIT "A"
Parcel A - Legal Description
That part of Outlot A, Hewitt Investment First Addition, County of Dakota State of Minnesota,
according to the recorded plat thereof, lying southerly of the north line of Lot 6, Block 1, Wright
and Balch's Addition, County of Dakota, State of Minnesota, according to the recorded plat
thereof.
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EXHIBIT `B"
Parcel B - Legal Description
That part of Outlot A, Hewitt Investment First Addition, County of Dakota State of Minnesota,
according to the recorded plat thereof, lying northerly of the north line of Lot 6, Block 1, Wright
and Balch's Addition, County of Dakota, State of Minnesota, according to the recorded plat
thereof.
AND
Lot 1, Block 1, Hewitt Investments First Addition, County of Dakota, State of Minnesota,
according to the recorded plat thereof
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