Memo Minnehaha Oaks Association
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.> CITY OF HOPKINS
MEMORANDUM
DATE: October 13, 1993
TO: Honorable ~~~and city council
FROM: Tom Harmening, community Development Director
SUBJECT: MINNEHAHA OAKS ASSOCIATION - LOAN AGREEMENT
I. Purpose of Discussion
The purpose of this item is to discuss various matters
relative to the property acquired from Mark Z. Jones now known
as Hiawatha Oaks. From this discussio~ it is hoped that some
course of action will be approved.
To assist the discussion process, staff has outlined
information relative to the following items, some of which the
Council requested staff investigate further.
. 0 Previous approval of Ramsgate Apartments and its
relationship to the sUbject property.
0 Comments from the Park Board regarding the proposal
received from the Minnehaha Oaks Association.
0 Special Assessment process
0 Funding sources
0 Alternatives
II. Background/Overview
A. Approval of Ramsqate Apartments and its relationship to
the subject property
During a recent meeting the council requested that staff
investigate the approval process for Ramsgate Apartments
to determine if any conditions were established which
dictated that the property in question be set aside as a
buffer.
v Staff has researched the minutes and files relative to
"'f'- . the approval of Ramsgate Apartments. Attached are
,- minutes from the February 25 and March 11, 1969 planning
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Honorable Mayor and City Council
Page 2
. Commission meetings which involved the approval of
Ramsgate Apartment project. Also attached are the
minutes from the March 18, 1969 City Council meeting
which included the approval of Ramsgate Apartments.
These minutes, along.with the approved site plan (which
is also attached) indicate that the property in question
was planned for townhomes in the future. staff was
unable to find any language which indicated that the
property was to be set aside as a buffer.
Staff also reviewed the site plan in question with
respect to the Zoning Ordinance requirements in place at
the time. In this case, the site plan and number of
units met the zoning requirements for that time. Also,
the site plan is consistent with the development which is
currently in place.
B. Comments from Park Board regarding proposal received from
the Minnehaha Oaks Association
During a previous City Council meeting the Minnehaha Oaks
Association submitted a proposal which involved the
Association creating a nature trail on the subject
(. property. In return for these efforts,. the Association
requested the Council reduce the principal balance of the
Association's loan by $100,000 and to cancel interest on
the loan. Attached is a copy of the proposal made by the
Minnehaha Oaks Association.
As a result of this proposal the City Council requested
that the Park Board review and provide comments on the
idea and prioritize the improvement of.this property
against other park projects in which the City is
involved. The Park Board is scheduled to meet on Monday,
October 18. At the time of this memo staff is unable to
indicate to the City Council the position of the Park
Board. However, a full report will be provided during
the city Council meeting.
C. special Assessment process
If the Association defaults on its obligations under the
loan arran~ement, and the City decides to undertake the
special assessment process pursuant to the loan
agreement, certain steps must be taken. These steps and
relatedtimelines are as follows:
. 0 October 19 - City Council adopts a resolution which
approves the assessment roll involving the four
property owners.
Honorable Mayor and City Council
Page 3
0 October 20 - November 18 - Property owners can .
prepay their assessment without interest.
0 November 30 - By this day the City must certify the
assessment roll with Hennepin County.
Pursuant to the loan agreement the payment due the City
in 1993 is $20,068.80. This amount is based on a
principle balance of $175,000 at 8% interest amortized
over 15 years.
Presuming no remittance is made by the Association
towards this year's payment, and the City Council desired
to move ahead with the assessment process, the City
Council would need to adopt an assessment roll which
spread the $20,068.80, plus a $500 administrative fee
(per loan agreement), over the four properties. This
would amount to $5,142.20 per property. Pursuant to the,
loan agreement this amount would be assessed over a one
year period at 8% interest.
Attached is a resolution (Resolution 93-115A) which the
city Council could adopt which undertakes the
aforementioned assessment roll scenario.
=
In the past the City Council has also discussed the .
concept of providing an interest free loan to the
Association. If the City Council voted to amend the loan
agreement to provide for this approach, and no other
provisions of the loan agreement were affected, the
Association would owe the City in 1993 $11,666.67
($175,000 divided by 15 years).
Again, presuming no remittance was made by the
Association towards this payment amount, the city council
would need to adopt an assessment roll which spread the
$11,666.67, plus a $500 administrative fee (per loan
agreement) , over the four properties. This would amount
to an assessment of $3,041.67 per property. Again,
presuming all other terms of the loan agreement remain
the same, with the exception of forgiving the initial
interest rate, this amount would be assessed over a one
year period at 8% interest.
Staff has also attached a resolution (Resolution 93-115B)
which undertakes this assessment scenario.
The important point to note regarding the assessment
issue relates to activities which the City Council must
undertake to allow for an assessment roll to be certified
for taxes payable in 1994. Due to timing and statutory .
requirements the City Council must adopt a resolution
approving an assessment roll at it's October 19 meeting
in order to allow the necessary activities to be
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Honorable Mayor and city council
Page 4
~'. undertaken to allow the assessment roll to be certified
to the County by November 30.
D. Funding sources
If the Council desires to provide some type of financial
relief to the Association/homeowners in the form of
reducing the principal amount, a funding source needs to
be identified. possible sources include:
0 General fund reserves. Two options exist:
- Reallocate funds currently directed towards
park improvements, such as Maetzold Field, for
the purchase of the subject property.
- Allocate additional funds from this source
towards the purchase of the property.
0 Levy necessary amount as part of 1994 general fund
tax levy.
0 Real estate sales fund. currently, no funds are
. available in this account. However, if the City
should sell the City's well site property,
" approximately $100,000 would be available and could
be used in part to pay for the purchase of the
subject property.
E. Alternatives
outlined below are various alternatives available to the
city Council. During our discussion additional
alternatives, or derivatives of those outlined below, may
also be identified.
0 continue with the current agreements/process.
Currently, the terms for repaying the $175,000 loan
made to the Association is a 15 year amortization
period at 8%. As stated earlier, if the Association
does not make all or part of its annual payment the
city has the option to assess the delinquent amount,
plus $500 in administrative costs, to the four
property owners at 8% interest over a one year
period. Attached is a resolution which carries
forth this alternative (Resolution 93-115A)..
. 0 Direct staff to prepare an amendment to the loan
agreement to alter the terms of the loan by
eliminating (or reducing) the interest rate. As
Honorable Mayor and City Council
Page 5
discussed earlier in this memo the City Council .
. ...,;:,....
should also adopt an assessment roll taking ~nto.
consideration a principal only loan. presuming no
other provisions of the loan agreement were
modified, this principal only loan, plus a $500
administrati ve fee,' would be assessed against the
four property owners at 8% interest over a one year
period. Attached is a: copy of a resolution which
carries forth this scenario (Resolution 93-115B).
o Direct staff to prepare an amendment to the loan
agreement taking into consideration the for9iveness
of all or a part of the principal amount of the
loan. Based on the remaining 'principal amount, the
City Council should then adopt a resolution
approving an assessment roll spreading the resulting
annual payment of the amended principal amount
against the four property owners, plus a $500
administrative fee, at 8% interest over a one year
period~
o Direct staff to prepare an amendment to the loan
agreement which forgives a portion of the loan and
reduces the interest rate. Again, the City Council
should then adopt an assessment roll for payment in
1994 to take into consideration the new terms of the
loan. ~
o Direct staff to open negotiations with Mark Z. Jones
for the sale of the property. In addition, staff
would recommend that the City Council adopt an
assessment roll against the four homeowners for the
annual amount owed the City pursuant to the existing
loan arrangement. If, through the proceeds of the
sale, the City receives the $175,000 principal
amount, the City could reimburse the homeowners for
the payments made. However, presuming that a
shortfall will occur from the sale of the property
to repay the $175,000 owed the City, the City would
then undertake a process .of assessing over a period
of time this shortfall to the four property owners.
o Allow the Association/homeowners additional time to
make this year's payment. Perhaps allow this
payment to be made as a part of the 1994 payment.
TH10123A
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A regular meeting of the Zoninl) and Planning Commission of the City of Hopkins,
Minnesota, was held on Tuesday, February 25, 1969, at 7:30 P.M., in the Council
. Chambers in the City Hall.
Present were Chairman Lohmann, members Harriman, Hussey, Miller, Shirley and Slaton,
also present were City I\1anager Novak, City Engineer Strojan, Zoning Administrator
Blomquist, and City Planner Hawks.
Case No. 69-03V
Applicant: Thermotech Industries Inc.
Subject: Hearing to vacate certain streets in L. P. Crevier's First Addition.
Reel 94
Action: Dr. Slaton moved, and Mr. Shirley seconded a motion to recommend to the
37 Council that the request be denied. ~1otion carried.
Case No. 69-04V
Applicant: Arthur O. Edwards
Subject: Hearing on a petition by Mr. Edwards to vacate the east-west alley between
Tyler Avenue and Polk Avenue in Block 10, Anderson's First Division lying
immediately north of East Excelsior Avenue.
Action: Mr. Harriman moved, and Mr. Shirley seconded a motion ~hat this matter be
.95 continued to the March 25, 1969 meeting at which time Mr. Edwards is to
bring in more definite plans as to overall development. :f\lotioncarried.
Case No. 69-05C
<,,-....... Applicant:Oro Corporation
. Subject: Hearing on an application by Oro Corporation for a Conditional Use Permit
to construct a multiple building complex. Mr. Bill Dolan appeared in
behalf of theOro Corporation.
Action: ~1r. Lohmann continued this matter to a special meeting to be held on
404 March 11, 1969. Mr. Paul Ogliahl agrees that no access to Hiawatha will
be used other th~n for the future proposed town houses.
Case No. 68-24C
Applicant: Frank Reese
Subject : Hearing on an application for a Conditional Use Permit to construct a
multiple building complex on that part of theNE~ of the swi of Section 25,
Township 117, Range 22, continued from the December 10, 1968 meeting.
Action: Mr. Harriman moved and Dr. Slaton seconded a motion that this matter be
432 taken off the table. Ivlotion carried.
Action: Mr. Shirley moved, and Dr. Slaton seconded a motion that the Commission
570 recommend approval rIlo the Council providing a 50 foot floodplain easement
be given to the City of Hopkins and applicant waives denial of street
improvements on 9th Avenue South. Motion carried.
\...~../
Case No. 69-01V
Applicant: Helene R. & Beverly Lohmann
Subject: Hearing on a petition to vacate a part of Farmdale Road.
- Action: Mr. Shirley moved, and Dr. Slaton seconded a motion to recommend approval
-- 612 to the Council. Motion carried. Mr. Lohmann abstained from voting.
Case No. 69-02C
Applicant: Richard Nes1und
Subject: Hearing on an application for a Conditional Use Permit to construct a
multiple building complex.
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A special meeting of the ,Zoning and Planning- Commission of the City of Hopkins,
Minnesota, was held on Tuesday,r.1arch 11, 1969, at 7:30 P.M., in the Council
Chambers in the City Hall.
. Present were Chairman Lohmann, members Miller, Shirley and Slaton, also present
were City Manager Novak, City Engineer strojan, Zoning Administrator Blomquist,
and City Planner Hawks.
'--
.Case: 69-05C A continued hearing on an application by Oro Corporation for a
Conditional Use Permit under Section 269.62 and 269.63 of the
Hopkins Zoning Ordi,nance to construct a multiple building complex
on the following described land:
That part of the Nt of '~heNWt lying South of State Highway #7
and Easterly of a line running from a point in the South line
810 feet West of the Southeast corner to a point in the Southerly
line of State Highway #7 distance 609.25 feet westerly along
same from the East line of the m~t, Section 19, Township 117,
Range 21, Hennepin County. .
Mr. William Dolan, Engineer for Ora Corporation, presented a plan as
revised from the plan as originally presented. Several residents of
Hiawatha Avenue commented about the problems of access to the site.
1h18 subject was discussed at great length.
Action: Mr. Shirley moved, and ~fr. fUller seconded a motion to recommend that
the Council approve the amended plan subject to the following.
stipulations:
\ 1. That all yard widths, building separations, parking lot dimensions
'''''''''-
. and other plot lay-out dimensions be noted on the plot plan in
accordance with the requirements of the ordinances of the City,
and that such dimensions be checked and approved by proper staff
members.
2. lJ.'hat fire hydrants and their location be noted on said:plot plan
in accordance with the requirements of the Fire Chief.
3. That surface drainage for the entire site be noted on the plot plan
and approved by the City Engineer.
4. That the provisions for trash collection and disposal be approved
by the City Engineer.
5. That no access to the site shall be permitted from Hiawatha Avenue
except to service the proposed Townhouses on the east edRe of the
~i te. ., " . .
6. ~at no residential occupancy shall occur until there is at least
one other access other than directly on Highway #7.
Motion carried. Chairman Lohmann abstained fro~ voting.
Case: 69-02C A continued hearing on an application by Richard Neslund for a
( Conditional Use Permit under Section 269.62 and 269.63 of the Hopkins
~....~' Zoning Ordinance to construct a multiple building comple~ on the
following described land:
'I'hat part of the North 3/4 of the East 1/4 of the Southwest 1/4
of Section 25, Township 117, Range 22, Hennepin Coun"ty, lying
South of the North 993 feet thereof.
-.,
Mr. Roger U1stad, representing Richard Neslund, presented an amended
- plot plan containing changes suggested at the original hearing and
subsequent meetings with the city staff.
Action: Mr. Miller moved, and Dr. Slaton seconded a motion to recommend that
the Council approve the amended plan subject to the following
stipulations:
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~ regular meeting of the Council of the City of Hopkins, Minnesota, was held on Tuesday,
March 18. 1969 at 7:30 p.m., in the Council Chambers in the City Hall.
I J .
~ Present were Mayor Pro Tem Pokorny, Councilmen Blake and Harriman, also City Manager Novak,
City Engineer Strojan, Asst. Engineer Anderson, Zoning Administrator Blomquist and City
Attorney Vesely.
Reel 95 Mr. Harriman moved, and Mr. Blake seconded the motion, that tbe Minutes of
Side 2 the March If, 1969 Council meeting be approved and signed. Motion carried.
Action:
2-
Action: Mr. Blake moved, and Mr. Harriman seconded the motion, that expenditures dated
-19 March 18, 1969 be approved, with the exception of Check #25806, in th~ amount
of $1461.00, to Minnesota Tree Co., leaving the tot?l expenditures approved in
the a.mount of $49,443.01. Motion carried. (new check to be drawn in the amount
of $1171.00)
Item: 69-37-0. Mr. Blake moved, and Mr. Harriman seconded the motion, that Resolution No.
19-110 1765, "A RESOLUTION ORDERING THE INSTALLATION AND CONSTRUCTION OF SANITARY
SEWER MAINS ALONG SHADY OAK ROAD FROM EXCELSIOR AVENUE SOUTHERLY TO COUNTY
ROAD 3 AND THENCE EASTERLY ALONG SAID COUNTY ROAD 3 TO 20TH AVENUE SOUTH", be
I approved, with the provision that the installation be delayed until the
alighnment of Shady Oak Road is agreed upon by the County and the City.
Estimated cost of this improvement is $17,120.00. Motion carried.
.
Item: 69-09-C. Mr. Harriman moved, and Mr. B1a.ke seconded the motion, that the request by
110-157 Mr. A. L. Feudner for an increase on a claim payment offered by'the City
"--' Attorney, be approved, and that the amount of $75.00 over the amount of
$125 previously offered, be granted for final payment of this claim. Motion
. carried.
Item: 69-10-E. Mr. Harriman moved, and Mr. Blake seconded the motion, that the Council adopt
157-187 the Engineer's recommendation on posting certain streets for No Parking 2 a.m.
to 5 a.m., except Sunday. Motion carried. (see list of streets attached)
Item: 69-4l-P. Mr. Blake moved, and Mr. Harriman seconded the motion, that Council approve
187-199 the Lenher Terrace final plat located at Van Buren Avenue North and Sunnyside
Lane, and the Mayor Pro Tem and Deputy City Clerk be authorized to sign same.
Motion carried.
Item: 69-43-Z. Mr. Harriman moved, and Mr. Blake seconded the motion, that a Conditional Use
i99-316 Permit for Oro Corp.,to construct a multiple building complex ,on the following
escri ed and: t at part of the N~ of the NW'4 of Section 19, Township 117,
Range 21, Henn. County, lying SOl\th of State Highway 117 and Easterly of a line
running from a point in the South line 810 feet West of the Southeast corner"
to a point in the Southerly line of State Highway #7 distance 609.25 feet
Westerly along same from the East line of the said NW~ Section 19, be approved
with the following stipulations:
,
1. That a.ll yard widths, building separations, parking lot dimensions and
other plot lay-out dimensions be noted on the plot plan in accordance
with the requirements of the Ordinances of the City and that such dimen-
sions be .checked and approved by proper staff members.
- 2. That fire hydrants and their location be noted on said plot plan in
-- accordance with the requirements of the Fire Chief.
3. That surface drainage for the entire site be noted on the plot plan
and approved by the City Engineer.
4. That the provisions for trash collection and disposal be approved by
the City Engineer.
.
MINNEHAHA OAKS ASSOCIATION
413 Hiawatha Avenue
Hopkins, MN 55343
612/933-1040
MINNEHAHA OAKS ASSOCIATION
PROPOSAL
RE: Parcel of approximately 1 acre known by City as "Hiawatha
Oaks" under jurisdiction of "Hopkins Parks Qept."
To create a "Nature Trail Park"
The Association proposes, with approval of the Park & Recreation
Board, and with some assistance from City Forester, to create a
loop trail within the limits of this wooded area. With trees,
plants and other growth identified by small signs. These signs
to provide information as to name, approximate age, height, etc.
Trail could be used for leisurely, relaxing walks and for elemen-
taryschool classes for instruction on native Minnesota floral
(%. growth.
This property would then serve the community even more than for
its present purely environmental purpose.
In considering this, the Association requests that the Counsel
consider reducing the principal balance of the Association's Payment
Agreement, by the sum of $100,000, and also to cancel interest
requirements on Agreement.
The $100,000 could come from sale of City owned "pump property",
in this way, no tax money would enter into transaction. The
Association will continue its fund raising activities to pay the
balance. Members are confident that this will be accomplished.
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CITY OF HOPKINS .
Hennepin County, Minnesota
RESOLUTION NO: 93-115A
RESOLUTION ADOPTING ASSESSMENTS FOR
PURCHASE OF HIAWATHA OAKS PROPERTY
WHEREAS, the Minnehaha Oaks Association, a non-profit corporation,
and property owners who owned and occupied single family
homes located along Hiawatha Avenue within the City of
Hopkins requested the City of Hopkins acquire certain
undeveloped property, now known as the Hiawatha Oaks, lying
adjacent to and west of Hiawatha Avenue, and
WHEREAS, the undeveloped property was owned by Mark Z. Jones and
consists of heavily forested trees which the"'Minnehaha Oaks
Association and property owners desired to be preserved for
passive park and nature area purposes for them and the
community as a whole, and
WHEREAS, the City of Hopkins agreed to acquire the property and the
property owners and Minneha. ha. Oaks Association agreed to .'
reimburse acquisition costs incurred by the City, and .
WHEREAS, the City of Hopkins, Minnehaha Oaks Association and four
property owners entered into a Loan Agreement dated November
24, 1992, attached as Exhibit B, which sets forth the terms
under which the affected property owners would be assessed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hopkins as follows:
1. Such proposed assessments, a copy of which is attached
hereto as Exhibit A and made a part hereof and hereby
accepted, shall constitute the special assessments
against the lands therein named.
2. Such assessments shall be payable in an equal annual
installment extending over the period of one (1) year
at 8% interest, the first and only installment to be
paid with the real estate taxes due and payable in
1994. To the first and only installment shall be added
interest on the entire respective assessment from
November 1, 1993 until December 31, 1994.
3. The owner of any property so assessed may at any time .'~-
after the adoption of the assessments and by November
29, 1993 pay the whole or a minimum of 25% of the
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RESOLUTION NO: 93-115A
Page 2
. assessments against any parcel to the City Manager, and
no interest shall be charged if the entire assessment,
or a minimum of 25% of the assessment, is paid by
November.18, 1993.
4. The Clerk shall forthwith transmit a certified
duplicate or duplicates of these assessments to the
Hennepin County Auditor to be extended on the proper
tax lists of the county, and such assessments shall be
collected and paid over the same manner as other
municipal taxes.
Adopted by the Cit~ Council of the City of Hopkins this 19th day of
October, 1993.
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, City Clerk
.
.
0.',
EXHIBIT A .
1. Property Acquisition: 413 Hiawatha Avenue
P.I.D. #19-117-21 12 0019
Legal Description: Tract A Registered Land Survey No. 825
Total Cost: $5,142.20 at 8% Interest Over 1 Year
2.. ,Property Acquisition: 435 Hiawatha Avenue
P.I.D. #19-117-21 12 0015
Legal Description: Tract A Registered Land Survey No. 362
Total Cost: $5,142.20 at 8% Interest Over 1 Year
3. Property Acquisition: 511 Hiawatha Avenue
P.I.D. #19-117-21 12 0005
Legal Description: That part of Lots 1, 2, 3 and 4 lying
SWly of creek S of a line running E at .right angles from the
W line of Lot 1 at a pt dis 10 ft N from the most Sly cor
thereof and N ofa line runningE at right angles 'from the W .
line of Lot 2 at a pt dis 90 ft from the NW cor thereof
Block 1 Minnehaha Oaks
Total Cost: $5,142.20 at 8% Interest Over 1 Year
r
4. Property Acquisition: 505 Hiawatha Avenue
P.I.D.#19-117-21 12 0006
Legal Description: That part of Lots 2, 3 and 4 lying S of
a line running E at right angles from theW line of Lot 2 at
a pt dis 90 ft S from the NW cor thereof andN of a line
running E at right angles from the W line of Lot 3 at a pt
dis 50 ft S from the NW cor thereof Lots 2, 3 and 4 Block 1
Minnehaha Oaks
Total Cost: $5,142.20 at 8% Interest Over 1 Year
.
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Exhibit B
'. I
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LOAN AGREEMENT
. -tA '.
This Agreement is made on the'~ day of November,
,
1992 by and among the City of Hopkins, a municipal
corporation ( "Ci ty"), Minnehaha Oaks Association, a nonprofit.
corporation ("Association") and those homeowners who have
signed and otherwise executed this agreement, (collectively
"referred to as' .tfHomeowners"):
RECITALS:
1. City is a municipal corporation created by Charter
possessing all, of the powers of a municipality.
2. Association is a nonp~ofit corporation composed of
members residing on Hiawatha Avenue within the City.
3. Homeowners own and occupy certain single family
. residences located on Hiawatha Avenue within the City and as
. '
such are members of the Association.
.
4. Pursuant to and in reliance upon a Special
Assessment Agreement dated April 15, 1992, between City,
Association and Homeowners, the City was induced to acquire
certain undeveloped property lying adjacent to and west of
- Hiawatha Avenue form Mark Z. Jones II consisting of
approximately 1.54 acres of forested land which all parties
desired be preserved for passive park and nature area
purposes.
5. The City has expended the sum of One Hundred
Eighty-Five . Thousand Dollars (S185,000.00) in the acquisition
. ~
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.,
,
of said property and Association and Homeowners wish 'to
reimburse City to the extent of the acquisition costs of One .
i
\ Hundred Eighty-Five Thousand Dollars (S185,000.00).
6. The City acknowledges receipt of Ten Thousand
Dollars ($10,000.00) paid to City by Association.
7. All parties desire that the terms of the Assessment
Agreement dated ~pril 15, 1992 be modified.ahd adjusted to
provide for payment by loan terms while retaining the rights
of assessment by City for purposes of security in event of
default in any of the terms of the Loan Agreement.
NOW THEREFORE in consideration of the mutuar"benefits
set forth.
PAYMENT TERMS:
1. Association shall pay, to the City the sum of One
.
Hundred Seventy-Five Thousand Dollars ($175,000.00) with
interest thereon at eight percent (8%) per annum payable in
fifteen (15) equal annual payments of Twenty Thousand
Sixty-eight . and 80/100 Dollars ($20,068.80) commencing on
September 1, 1993 .. and on the first day of each annual
anniversary date t.."ereafter. Such annual payments shall be
- inclusive of and applied first upon the accumulated interest
and thereafter upon the principal balance remaining. Said
interest on the principal balance shall commence on November
1, 1992.
2. .Association may prepay the principal balance in
full or in partial prepayment .of not less than Five Thousand
Dollars ($5,000.00) at its option without penalt".l. .
-2-
,
jt,fJi~~}Fij;:;:"f'.';'F~"; '.~,&::tln~~;:SiJlR,i~:1"t.W;&#.itrsfu;!i'};;~;;;:;, ....,
"-~-._..
" , ,
. .
SECURITY PROVISION:
. 1. It is understood and agreed by all parties to this
Agreement tha,t "the security of the City to enforce compliance
with the installment payments due herein is the initiation of
special assessment procedure in conformance with the terms of
this Agreement -which security sha~l remain in full force and
effect applicable to all of the parcels described in Exhibit
A (attached) until receipt of final payment by the City or
upon lease from, said assessment of one or more such parcels
at the option of the City.
2. The ,Association shall be obliged to collect and
receive payments from its members who are or shall become
parties to this Agreement ,or from such other sources
available to the Association and ,pay such sums to the City as
. provide for herein,.
3. In 'the event of a default in any of the terms and
condi'tions provided for in this Agreement and which remains
uncured for a period of 20 days, the City at its Opti9n shall
irnple.rnent spec;ial assessment proceedings and assess the
delinquent balance then due and payable to the City in equal
- proportion against each of the properties described on
Exhibit A. The resolution adopted by the City to levy such
special assessment shall be certified to the Hennepin County
.
Auditor by November 30 for inclusion on the real estate tax
statement of each such parcel' for the year following the
assessment certification.
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,
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"
PAYMENT UPON DEFAULT:
, 1. The terms of the assessment thus levied upon and in .
,
the amount of the default shall be -for a term of one year
with interest thereon at the rate of eight percent (8%) per
annum.
2. Prepayment terms "following certificate of the
assessment shall be as provided in M~nnesota'Statute 429 as
follows:
The homeowner of a property so assessed may at any
t~me prior to certification of the assessment to the
Hennepin County Auditor or prior to the first
installment of the assessment to the County Auditor
pay the whole of the assessment with interest accrued
to the date of payment. No further interest shall be
charged on the amount . assessed if the entire
assessment is paid within 30 days from the adoption of
the as'sessment.
3. In the event of default, the amount to be assessed .
in addit~on to ~he delinquent installment shall be increased
by additional costs, expenses and attorney fees incurred by
the City which all parties agree shall be the sum of Five
Hundred Dollars ($500.00) for each such assessment
certification.
4. For purpose of illustration and example only, a
-~
delinquency in the annual installment would be levied by
assessment and certified to Hennepin County pro rata (in
;
. . equal amounts) upon the tax statement of each property owned
by a homeowner who is a party to this Agreement includ~ng the
amount . provided for addit~onal costs; expenses and attorney
fees. Thereafter, prepayment would be limited in the manner .
,
provided in Paragraph 2. If the assessed amount matures
, -4-
;r'=~1:;Eb;;;;I'-::1 ~,' -",,' "FK:if;8!l8i;j;&ljj\'1\$,1f,\ili~~h-~~t.[tt\t~:;~',i',"-,~ I"~
,
.
"
wi thout' payment, the City would have the option to commence
(. foreclosure proceedings and acquire the property in the
manner provided by law. This Agreement contemplates the
possibility that a subsequent purchaser would insist the pro
rata share o,f the delinquent amoUnt assessed against such a
parcel be paid off in which event the City would furnish the
homeowner a release from the assessment lien. Upon receipt
of the pro rated assessment, the property thus released would
no longer be subject to the terms of this Agreement.
WAlVER OF STATUTORY RIGHTS:
In order to induce the 'City to rely on voluntary
repayment by Association and Homeowners as herein provided
and utilize the assessment procedure only in the event of a
. default in the payment of such' installments, each of the
parties to this Agreement jointly and individually agree to
waive all objections or irregularities regarding imposition
of the assessment procedure outlined in this Agreement and
.
without limitation expressly include the following:
.
a. Waiver of right to a notice of assessment except and to
the extent notice of such assessment is provided for in
... this Agreement;
b. Waiver of obligation to such assessment by the parties
to be assessed;
~'\,
c. Waiver of rights to appeal such assessment herein
agreed to;
d. Waiver of right to object to the assessment levy
provided for in this Agreement upon any ground
,.. 'including but not limited to excessiveness of such
assessment.
, -5-
,
.
:,
. . .
.
OBLIGATION OF ASSOCIATION: .
,
1. The Association shall' be obliged to collect and
receive payments from its members who are or shall become
parties to this Agree.f11ent or from such other sources
available to the Association and pay such sums to the City as
provided for in this Agreement and to otherwise e~force
individual compliance of its member Homeowners with all of
the terms of this Agree.f11ent. Provided, however, the City may
release one or more parcels from the lien of the assessment
upon the mutual consent of all other Homeowners who are then'
parties to this Agreement.
2. It shall be the obligation of the Association to
.
maintain and provide for inspection at reasonable times
".
proper books and records disclosing the receipt and source of
all payments obtained by the Association.
MISCELLANEOUS PROVISIONS:
1. The 'provisions of this Agreement shall govern over
any other contrary term, condition or provision contained in
any prior Agreement or understanding among, the parties
.
whether expressed verbally or in writing.
.-
2. This Agreement shall be binding upon and inure to
the ~benef i t as well as the obligation of all parties hereto,
.
their successors, representatives and assigns including
without limitation any sucsessor by purchase, transfer or
conveyance of anyone or more of the properties described on
Exhibit A. .
, -6-
.
l,i',,,,-,,,iJ< ,"'"'/I&: -;,',S~~!:i;i"--;i - ',',-- -, -_IIli!o-
.,
IN WITNESS WHEREOF, the parties have caused this
. Agreement to be executed on the day and year first above
written.
CITY OF HOPKINS
. By .4j~ ~~, ~C
Its /;0 C,._/J..f~~~--
/ I
'By ~J~~,
Its {)J ~ A~..t.. y-r-
MINNEHAHA OAKS ASSOCIATION
,/';
By ./)~"2~1, /' (J 7/.J C/'k_,.(!./
- , --'/
,'J iT:./ / t I
I tST--:/' t' ,,~J/~ r->. T
.r D /), 0":"'
B~ e , U><..J(~-
r. I I ,'dcp {?~A::O~
HOMEOWNERS
'-A.}! l",/1 -h III i ,. ;; \ . . . ;. 1
II tOAu, 1/ /f.// k /.... f..j.f.-J .,WtN.7&. fLif; .. ,~'il.1JjJ...t,..;.J.. I j( ii-,
Marie.McNeffj/(Address):" ;'1",
I ,/' .
"A~/~ /~'}r/ / /1 .
..../ )/t:,,,: (-.;.' /./. " Pi,':! -1/ ., I/dJ....:,-:'--';H4.J1. y. /t~r-.--; /:]/.
Larry McNeff, C adress)
J _ t /
)} 1 ~ ~, I / ~ - ~ I " -".
, f CI J' '-<'-'" ?-; (::,~ ..~--/'---r--I '-:" .;s 0 / cl4A....T-;:!...4"..,t'-.:."'"
" Malora Carlson, ~AUSS)
I~ f:.. (}i;~ ) p,----- -
. \Y~son, (Addr~SS) .
., I 9 - . ' I .. I' .. .J
. , .,.:, : :l.~'---.;. t;~lJ, -",' :') ! : - ('1."-:1.1,~ ~_^...(; v:.../. t.-,-""'--"1+'-"~A.....-.. )-"....- '-; :l f .
Irene Ibsen, (Address) ,
k- . ,.1 \ V. ' t I " . i i .... .,
f)......., /V1~~~J'~~
Kenneth Ibsen, (Address)
4IJ Patricia Isaak, (Address)
- -7-
, .
-
,
. -
\ .
State of Minnesota)
) as
County of Hennepin)' .
this ~~ foregoing instrument was acknowledged before me
day of I/o V<.......b.tr , 1992 by N~(<;"" i3~re.
and S-t'q V 'Ct"'l M; ~ I k.e.. the M ~'I df -...J
and C:+'.. M M~ ~ (' of the City of Hopkins, a municipal
corporation under the laws of Minnesota, on behalf of the
City.
'. . . ~~~~1~~
Notary Publio/ . /
"
. - . \
State of Minnesota) ~ P" 1. C" b \
:~" atncla. IS orne
, ) ss i~" '."ARY ,usue - "",,,""OTA I
~. He:NNE?IN COUNTY
County of Hennepin) .?'~ . My coll'lmissiQn u;lires 6-1-G3
this .
and
and
Associa tJ;~,
Minnesota on .
-
e DEBORAH A. McGOWAN &kmkQ . ~O/h
: .. NOTMY PtJSUC - MINNESOTA
. ~ . HENNEPIN COUNTY
. " . lAy c:acnmlasIoa ~ 12- t-Q3 Notary Public I . '-'
State of Minnesota)
) 5S
County of Hennepin)
..-
The foregoing instrument was' acknowledged before 'me
this .;l j''-\ day . of /I c V' (', " '- /J;-e ".-- I 1992 by .Marie McNeff and
Larry McNeff. ~ . y ~s:: T~'~
. . )t;~/,-, aJZ- ;
~~. .. A/P<~/
iN . ry Public .. .
.
~ -8-
0
'f~"""",~LL " w,.,,'"."",ft'-",., ,c"_'.'~ ,~;.-;, .,.,":,....-. ",ijii;j\f>L'}w'.:',.:;::f~';:,".':.:,!F.~:':""" ~ .,.,
-
- , -
'. 'State of Minnesota)
) as
County of Hennepin)
-
Th~foregOing instrument was acknowledged before me
this ~ day of -1\,~ b<V"1, , 1992 by Malora Carlson and
Joey Carlson.
. --............ e dM-toA a/f!9~-^J(~
e DEBORAH A. McGO!"-;"
: ,..__, _ " NOTARY PU8UC'- MINNESOTA :
.~ HENNEPIN COUNTY ) Notary Pt.;blic
"',< My commtsslon lIXpfres 12-1-93 ~
~ State of' M~nnes~.t:~r-r-;
) as
County of Hennepin)
The foregoing instrument was acknowledged before me
this ..,;2L;r'-r 'day of d?~ , 1992 by Irene Ibsen and
Kenneth Ibsen. 4~;rZt1-lS-9cr
: I _ .J....I '-'. ' ~
State of Minnesota) \.0~liC
ie ) ss
County of Hennepin)
The foregoing . instrument was acknowledged before me
this day of ( 1992 by Patricia Isaak and
Vernon Isaak.
Notary Public
State of Minnesota)
) ss,
County of Hennepin)
- The foregoing instrument was acknowledged before me
this ;< S- day of M!>>'v"e~f:".~. r- ( 1992 by Edward Strom.
?-JS'7~~;~.y ~r:' r-'!J.5;-'~"1f .
:, ~ e. d~.J~--
. ,
N.C!f"-PU15lic ,_
.
- -9-
,
:
--
",
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..
\ EXHIBIT A .
\
1. Marie McNeff and L'arry . McNeff, 413 Hiawatha Avenue,
Hopkins, Minnesota:
Tract ,A Registered Land Survey No. #825
. Vernon Isaak,
2. Patricia Isaak and 434 Hiawatha Avenue,
Hopkins, Minnesota:
Lot 12, Block. 1, Minnehaha Oaks
3. Malara Carlson and Joey Carlson, 435 Hiawatha Avenue,
Hopkins, Minnesota:
Tract A Registered Land Survey #362 .
4. Edward Strom, 505 Hiawatha Avenue, .Hopkins, Minnesota:
That part of Lots 2, 3 and 4 lyi~g south of the line running
east at right angles from the west line of Lot 2 at a point .
\:~~,g~~~:\ distant 90 feet south from the northwest corner thereof and
north of a ' line running east at right angles from the west
line of Lot 3 at a point distant 50 feet south from the
northwest corner thereof Lots 2, 3 and 4, ,Block 1, Minnehaha
Oaks
5. Irene Ibsen and Kenneth Ibsen, 511 Hiawatha Avenue,
Hopkins, Minnesota: l__ .
That Part of Lots 1, 2, 3 and 4 lying $outhwesterly of creek
south of a line running east at right angles from the west
line of Lot 1 at a point distant 10 feet north from the most
- southerly corner thereof and north of a line running east at
right angles from the west line of Lot 2 at a point distant
90 feet' south from the northwest corner thereof Block 1,
Minnehaha Oaks ,
.
.
...
~
~ill'J;;j :~;~:>" "!'~". .'C l J;' ;~"'i':'~.' ':i:~"$Ji,#i~~~~~J0i*~t'rt~,':"~'S;;;';':"~";,i,.:,,-:j;>-
"
~
.
WHEREAS,
the city of Hopkins, Minnehaha Oaks. Association and four
property owners entered into a Loan Agreement dated November
24, 1992, attached as Exhibit C, which sets forth the terms
under which the affected property owners would be assessed.
" ,-"
WHEREAS, the city of Hopkins has agreed to amend the 'Loan Agreement
to eliminate interest charges on the loan amount,
including interest charges on special assessments
be certified pursuant to the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of
Hopkins as follows:
1. Such proposed assessments, a copy of which is attached
hereto as Exhibit A and made a part hereof and hereby
accepted, shall constitute the special assessments ,
against the lands therein named provided the owners of
the affected properties sign and deliver to the city
Manager the amended Loan Agreement by November 17,
1993.
If said amended Loan' Agreement is not signed and
dEdivered to the city Manager on or before November 17,
.. "
RESOLUTION NO: 93-115B
Page 2
1993 by the affected property owners, such proposed
, assessments, a copy of which is attached as Exhibit B, .
shall constitute the special assessments against the
lands therein named.
2. Such assessments shall be payable in an equal annual
installment extending over the period of one (1) year
at 8% interest, the first and only installment to be
paid with the real estate taxes due and payable in
1994. To the first and only installment shall be added
interest on the entire respective assessment from
November 1, 1993 until December 31, 1994.
3. The owner of any property so assessed may at any time
after the adoption of the assessments and by November
29, 1993 pay the whole or a minimum of 25% of the
assessments against any parcel to the City Manager, and
no interest shall be charged if the entire assessment,
or a minimum of '25% of the assessment, is paid by
November 18, 1993.
4. The Clerk shall forthwith transmit a certif ied
duplicate or duplicates of these assessments to the
Hennepin County Auditor to be extended on the proper
tax lists of the County, and such assessments shall be
collected and paid over the same manner as other
@Mttt~l municipal taxes. .
Adopted by the City Council of the City of Hopkins this 19th day of
October, 1993.
Charles D. Redepenning, Mayor
ATTEST:
James A. Genellie, city Clerk
( .
~b-,"".~~~~,c".: ",_,'k'-:;, "o,.,,-:c,",," 't\il\t1rP,)i~~'l':S1\\f~:::j';':i;,;m})jlhJ '".;~:>jj-;,;E:F:~;:' 11\""
- ~~ -~--
. .
. EXHIBIT A
1- Property Acquisition: 413 Hiawatha Avenue
P.I.D. #19-117-21 12 0019
Legal Description: Tract A Registered Land Survey No. 825
Total Cost: $3,041.67 at 8% Interest Over 1 Year
2. Property Acquisition: 435 Hiawatha Avenue
P.I.D. #19-117-21 120015
Legal Description: Tract A Registered Land Survey No. 362
Total Cost: $3,041.67 at 8% Interest Over 1 Year
3. Property Acquisition: 511 Hiawatha Avenue
P.I.D. #19-117-21 12 0005
Legal Description: That part of Lots 1, 2, 3 and 4 lying
SWly of creek S of a line running E at right angles from the
W line of Lot ~ at a pt dis 10 ft N from the most Sly cor
(- thereof and N of a line running E at right angles from the W
line of Lot 2at a pt dis 90 ft from the NW cor thereof
Block 1 Minnehaha Oaks
Total Cost: $3,041.67 at 8% Interest Over 1 Year
','
4. Property Acquisition: 505 Hiawatha Avenue
P.I.D. #19-117-21 12 0006
Legal Description: That part of Lots 2~ 3 and 4 lying S of
a line running E at right angles from the W line of Lot 2 at
'a pt dis 90 ft S from the NW cor thereof and N of a line
running E at right angles from the W line of Lot 3 at a pt
dis 50 ft S from the NW cor thereof Lots 2, 3 and 4 Block 1
Minnehaha Oaks
Total Cost: $3,041.67 at 8% Interest Over 1 Year
i.
. '.
EXHIBIT ~ .
1. Property Acquisition: 413 Hiawatha Avenue'
P.I.D. #19-117-21 12 0019
Legal Description: . Tract A Registered Land Survey No. 825
Total Cost: $5,142.20 at 8% Interest Over 1 Year
2. Property Acquisition: 435 Hiawatha Avenue
P.I.D. #19-117-21 12 0015
Legal Description: Tract A Registered Land Survey No. 362
Total Cost: $5,142.20 at 8% Interest Over 1 Year
3. Property Acquisition: 511 Hiawatha Avenue
P.I.D. #19-117-21 12 0005
Legal Description: That part of Lots 1, 2, 3 and 4 lying
sWly of creek S of a line running E at right angles from the
W line of Lot 1 at a pt dis 10 ft N from the most Sly cor
thereof and N of a line running E at right angles from the W .~
line of Lot 2 at a pt dis 90 ft from the NWcor thereof
Block 1 Minnehaha Oaks
Total Cost: $5,142.20 at 8% Interest Over 1 Year
4. Property Acquisition: 505 Hiawatha Avenue
P.I.D. #19-117-21 12 0006
Legal Description: That part of Lots 2, 3 and 4 lying S of
a line running E at right angles from the W line .of Lot 2 at
a pt dis 90 ft S from the NW cor thereof and N of a line
running E at right angles from the W line of Lot 3 at a pt
dis 50 ft S from the NW cor thereof Lots 2, 3 and 4 Block 1
Minnehaha Oaks
Total Cost: $5,142.20 at 8% Interest Over 1 Year
.
~~~,;pi:'Yo""':"i -,i';'-"""-',.r "'J'iW",;~.,_~:,~~:tt,j;\"':'.;~5';llli't.i,,, i;:ii, >+''- .,'.':'-':' ..
-
.
Exhibit C I
". . ,
LOAN AGREEMENT
;. .th' .,
This Agreement is made on the ~ day of November,
.
1992 by and among the City of Hopkins, a municipal
corporation ( "Ci ty" ), Minnehaha Oaks Association, a nonprofit
corporation ("Association") and those homeowners who have
signed and otherwise executed this agreement; (collectively
'referred to as' "Homeowners"):
RECITALS:
1. City is a municipal corporation created by Charter
possessing all of the powers of a municipality.
2. Association is a nonprofit corporation composed of
" .
members residing on Hiawatha Avenue within the City.
3. Homeowners own and occupy certain single family
<<. residences located on Hiawatha Avenue within the City and as
such are members of the Association.
4. Pursuant to and in reliance upon a Special
Assessment Agreement dated April 15, 1992, between City,
Association and Homeowners, the City was induced to acquire
certain undeveloped property lying adjacent to and west of
~ Hiawatha Avenue form Mark Z. Jones II consisting of
approximately 1.54 acres of forested land which all parties
desired be preserved for passive park and nature area
purposes.
5. The City has expended the sum of One Hundred
Eighty-Five Thousand Dollars (SI85,000.00) in the acquisition
. ~
,
-----
~ >
, "
of said property end Association end Homeowners wish'to
reimburse City to the extent of the acquisition costs of One .
Hundred Eighty-Five Thousand Dollars (S185,000.00).
6. The City acknowledges receipt of Ten Thousand
Dollars ($10,000.00) paid to City by Association.
7. All parties desire that the terms of the Assessment
.'
Agreement dated April 15, 1992 be modified and adjusted to
provide for payment by loan terms while retaining the rights
of assessment by City for purposes of security in event of
default in any of the terms of the Loan Agreement.
, ,";})::"N
NOW THEREFORE in consideration of the mutual benefits
set forth.
PAYMENT TERMS:
1. AS9ociation shall pay. to the City the sum of One
.~'
Hundred Seventy-Five Thousand Dollars ($175,000.00) with
interest thereon at eight percent (8%) per annum payable in
fifteen (15) equal annual payments of Twenty Thousand
Sixty-eight . and 80/100 Dollars ($20,068.80) commencing on
September 1, 1993 and on the first day of each annual
anniversary date thereafter. Such annual payments shall be
. inclusive of and applied first upon the accumulated interest
and thereafter upon the principal balance r~~aining. Said
interest on the principal balance shall commence on Nova~er
1, 1992.
2. Association may prepay the principal balance in
full or in partial prepayment of not less than FIve Thousand
Dollars ($5,000.00) at ~ts option without penalty. .
-2-
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- ,. _",~^o_"_,-,,,,,,_,,,,,,,:!>w,,,,^,-,'.__""'"l"'..,"';_': --,,--i,_,.,r'
--
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. , .
SECURITY PROVISION:
. 1. It is understood and agreed by all parties to this
Agreement that the security of the City to enforce compliance
with the installment payments due herein is the initiation of
special ,assessment procedure in conformance with the terms of
this Agreement -which security shall remain in full force and
. -
effect applicable to all of the parcels described in Exhibit
A (attached) until receipt of final payment by the City or
upon lease from said assessment of one or more such parcels
at the option of the City.
2. The Association shall be obliged to collect and
receive payments from its members who are or shall become
parties to this Agreement .or from such other sources
available to the Association and.pay such sums to the City as
,,'.
f'.;'
provide for herein.
3. In the event of a default in any of the terms and
conditions provided for in this Agreement and which remains
uncured for a period of 20 days, the City at its Opti9n shall
imple.rnent spec;ial assessment proceedings and assess the
delinquent balance then due and payable to the City in equal
- proportion against each of the properties described on
Exhibit A. The resolution adopted by the City to levy such
special assessment shall be certified to the Hennepin County
.
Auditor by November 30 for inclusion on the real estate tax
statement of each such parcel for the year following the
i. assessment certification.
-3-
,
,
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.
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PAYMENT UPON DEFAULT:
1. The terms of the assessment thus levied upon and in .
the amount of the default shall be for a term of one year
with interest thereon at the rate of eight percent '(8%) per
annum .
2.. Prepayment terms ,'following certificate of the
assessment shall be as provided in Minnesota'Statute 429 as
follows:
The homeowner of a property so assessed may at any
time prior to certification of the assessment to the
Hennepin County Auditor or prior to the first
installment of the assessment to the County Auditor
pay the whole of the assessment with interest accrued
to the date of payment. No further interest shall be
charged on the amount . assessed if the entire
assessment is paid within 30 days from the adoption of
the assessment.
3. In the event of default, the amount to be assessed .'"
in addition to the delinquent installment shall be increased
by additional costs, expenses and attorney fees incurred by
the City which all parties agree shall be the sum of Five
Hundred Dollars ($500.00) , for each such assessment
certification.
4. For purpose of illustration and example only, a
.-
delinquency in the annual installment would be levied by
assessment and certified to Hennepin County pro rata (in
;
. equal amounts) upon the tax statement of each property owned
by a homeowner who is a ~arty to this Agreement includ.i:ng the
amount provided for additional costs, expenses and attorney
fees. Thereafter, prepayment would be limited in the manner .'
;
\
~
provided in Paragraph 2. If the assessed' amount matures
, -4-
~~__~~''''_''h ~-, ,,--,>,j'%i';c';;"ir0i\fuit.4[:;:;;4~1W.:;>:~!':;> ,--"
--
.' .
,
. "
wi thout' payment, the City would have the option to commence
. foreclosure proceedings and acquire the property in the
manner provided by law. This Agreement contemplates the
possibility that a subsequent purchaser would insist the pro
rata share of the delinquent amount assessed against such a
parcel be paid off in which event the City would furnish the
homeowner a release from the assessment lien~ Upon receipt
of the pro rated assessment, the property thus released would
no longer be subject to the terms of this Agreement.
WAIVER OF STATUTORY RIGHTS:
In order to induce the City to rely on voluntary
repayment by Association and Homeowners as herein provided
and utilize the assessment procedure only in the event of a
(.- default in the payment of such installments, each of the
parties to this Agreement jointly and individually agree to
waive all objections or irregularities regarding imposition
of the assessment procedure outlined in this Agreement and
.
without limitation expressly include the following:
.
a. Waiver of right to a notice of assessment except arid to
the extent notice of such assessment is provided for in
..- this Agreement;
b. Waiver of obligation to such assessment by the parties
~'. to be assessed;
c. Waiver 0 of rights to appeal such assessment herein
agreed to;
d. Waiver of right to object to the assessment le,VY
provided for in this Agreement upon any ground
oi. 'including but not limited to excessiveness of such
assessment.
, -5-
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OBLIGATION OF ASSOCIATION: .
i '"
1. The Association shall' be obliged to collect and
receive payments from its members who are or shall-become
parties to this Agreement or from such other sources
available to the Association and pay such sums to the City as
, .
provided for in this Agreement and to otherwise enforce
.
individual compliance of its member Homeowners with all of
the terms of this Agreement. Provided, however, the City may
release one or more parcels from the lien of the assessment
upon the mutual consent of all other Homeowners who are then
parties to this Agreement.
2. It shall be the obligation of the Association to
maintain and provide for inspection at reasonable times .
proper books and records disclosing the receipt and source of
all payments obtained by the Association.
MISCELLANEOUS PROVISIONS:
1. The provisions of this Agreement shall govern over
any other contrary term, condition or provision contained in
any prior Agreement or understanding among the parties
whether expressed verbally or in writing.
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2. This Agreement shall be binding upon and inure to
the . ~benef i t as well as the obligation of all parties hereto,
.
their success~rs, representatives and assigns including
without limitation any successor by purchase, transfer or
conveyance of anyone or more of the properties described on
Exhibit A. .
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, IN WITNESS . WHEREOF , the parties have caused this
· Agreement to he executed on the 'day ,and year first above
written.
CiTY OF HOPKINS
By
Its
MINNEHAHA OAKS ASSOCIATION
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By ./ --;'2<>1,.~ (l 7// ('/ ,2.._..W
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HOMEOWNERS
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t.-A) i ,"1 ~ , "! ' ";;" . . . ") '1 '
II : a '0. /:( tJc. II 4/...1 l4Uitt:i;&. f4 f; . .~:,;t.1J.~../.-':-J- I ) j! i I _'
MariE?. McNeff /! (Address) .::. :; ;'1-:'
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,,:;>'r?'Z:i1."f/~~J (//;/~ -II .~ //dl...:,~'~N4 -4~. I'~-; /:7/,
Larry McNeff, C daress)
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Malora Carlson, (Add ~ss)
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\ J?J=~son, Address)
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. , <"'- . .L~\....--".t;-1; ----' .") .' .'. ~i..'~<.t '-'~A.!; -.J<..t: t.<.............w-<-'.s...R......-, 'h-.....- ~ ;l / .
Irene Ibsen, (Address) I
k' {J/Y1/V1vc-~~~k.r- (f ,'. i'" .~
Kenneth Ibsen, (Address)
· Patricia Isaak, (Address)
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t
State of Minnesota)
) 5S
Couhty of Hennepin)' .
.
this ~~ foregoing instrument was acknowledged beforeme
day of .j{lov~l'>'\~r , 1992 by f,L,(s"", t)(Jro.
and S-tQ V 'Ct'1 f,{; ~ I k~ ' the Mo..vl1r ........J
and (..:f.. M 41\(1. ~ t' of the City of Hopkins, a municipal
corporat~on under the laws of Minnesota, on behalf of the
City.
. . ~,,~~~l~~
Notary 'Publig1 . ,-
.
State af Minnesota) . r" i
~ Patrida 1. Gisba=e i
' ) ss ~ NOTARY PUBLIC - MINNESOTA
w:-~. HENNEPIN COUNTY
County of Hennepin) ?<:-:. My commlssiOI1 u;lires 1S-141
this The T. foregoing instrument wasacJ<;;P~dged before ~ .
and ,;;t ff:, day Of? yx.-1J'-'<-. ' 1992 ~t y,....." C- ;>t (";11 r . ^'
~ca-..C'-<.A _ . '~~ ' t'"e ('d ~-t-
and -.:::.- r-c;<::1. r of Minnehaha Oaks
Assaciat~~, a _<"0 I C.::J::a" t,. (,./,f-('~~j~.pnder the laws of
Minnesota on behalf of the ..f~cX' ,c:>-..f"Ol .
e -
: -.. . . DEBORAH A. McGOWAN NO~~C Q~O~"
: 'NOTARY PUaI.JC - MINNESOTA
. ~. HENNEPIN COUNTY
1 '.' . J.ty ~ ~ 12-1-Q3 I
State of Minnesota)
) 55
County of Hennepin)
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The foregoing instrument was acknowledged before 'me
this .;l;.;Tt.. day , of !l C l? (, L... /,.c;-e II/"'" , 1992 by Marie McNeff and
Larry McNeff. . :zt>-//P'r;4:6!17-~1
.
. .5>3- <1:. .' ~~/
~ Public
.
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~;~"i'~1'~~"''pi~;-':~"-"'-~ "l 'lWi~w,.1iltii~~lM!j}'1lm:~;:~miJmili'f;!il:<. ,,:;"r:':',[i:;r;~;' i: ,;
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i. 'State or Minnesota)
) as
County or Hennepin)
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Th~Oregoing instrument was acknowledged before me
this ~ day of -1'\.~hcr.J1, , 1992 by MaloraCarlsonand
Joey Carlson.
-.. -' <9dAA~ a /f2Wrr~'JI-
e DEBORAH A. McGO"'~'"
:~ "" NOTARY puauc:- MINNESOTA :
.:l. ;::; HENNEPIN COUNTY ! Notary Pt;blic
~; '.' My commlssion expIres 12-1-93 ~
- State or- U'~.nneSLJ~-~
) as
County of Hennepin)
The foregoing instrument was acknowledged before me
this ~1-rf-, , day , of !I)~ , 1992 by Irene Ibsen and
Kenneth Ibsen. 4~~~Zt1-~S-99
'. . \ _ .J.../ tp, , ~
State of Minnesota) \;r~bliC
te ) ss
County of Hennepin)
The foregoing . instrument .' was acknowledged before me
this day of , 1992 by Patricia Isaak and
Vernon Isaak.
Notg.ry Public
State of Minnesota)
) ss.
County of Hennepin)
- The foregoing instrument .was acknowledged before me
this ~ 5- day of M~;,.' e ~b.,.' ".- , 1992 by Edward Strom.
;J<i>'7~~;:"'<Y" to- r:. r- <;a.5-~ '1 ~ .
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( EXHIBIT A .
L Marie McNeff and Larry' MCNeff, 413 Hiawatha Avenue,
Hopkins, Minnesota:
Tract A Registered Land Survey No. #825
2. Patricia Isaak and Vernon Isaak, 434 Hiawatha Avenue,
HOpkins, Minnesota:
Lot 12, Block. 1, Minnehaha Oaks
3. Malara Carlson and Joey Carlson, 435 Hiawatha Avenue,
Hopkins, Minnesota:
Tract A Registered Land Survey #362
4. Edward Strom, 50S Hiawatha Avenue, .Hopkins, Minnesota:
That part of Lots 2, 3 and 4 lying south of the line running
east at right angles from the west line of Lot 2 at a point "."
1;8;"" distant 90 feet south from the northwest corner thereof and .
north of a. line running east at right angles from the west
line of Lot 3 at a point distant 50 feet south from the
northwest Corner thereof Lots 2, 3 and 4, Block 1, Minnehaha
Oaks
5. Irene Ibsen and Kenneth Avenue,
Hopkins, Minnesota:
That Part of Lots 1, 2, 3 and 4 lying ?OU.thwesterly of creek
south of a line running east at right angles from the west
line of Lot 1 at a point distant 10 feet north from the most
- southerly Corner thereof and north of a line running east at
right. angles from the west line of Lot 2 at a paint distant
90 feet south from the northwest corner thereof Block 1,
Minnehaha Oaks -
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