HRA 08-17 Stipulation of Final Settlement-525 Main St G�TY QF
December 11, 2008 N o P K � N S HRA Report 2008-17
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STIPULATION OF FINAL SETTLEMENT — 525 MAINSTREET
Proaosed Action
Staff recommends adoption of the following motion: Move to approve the Stipulation of
Final Settlement for 525 Mainstreet
With this motion it is understood that the Executive Director has the authority to executive
documents necessary for this transaction.
Overview ;
The HRA and Doran Pratt Development, LLC have entered into an agreement for the
- redevelopment of Block 64. Under the agreement, the HRA has agreed to attempt to
acquire the remaining parcels needed to facilitate the redevelopment of this site. Through .
mediation, the HRA, developer, and owners of 525 Mainstreef have negotiated theterms
for the acquisition of this property.
The proposed agreement calls for the closing on the property to occur between January 2,
2009, and January 30, 2009 for a price of $620,000. The current owner would be allowed
to remain at the property unfiil June 30, 2009. Upon their vacating the property#hey would
be entitled to $71,250 in relocation allowance. Doran Pratf Development:would provide a:
' loan to the HRA to acquire the property and title would be transferred to .the developer
:� after the property has been vacated.
During the approximately six months the current owners will be allowed to stay at the
property, they will be responsible for all utilities, taxes, insurance, and necessary repairs.
PrimarY Issues #o Consider
The developer will be pro�riding the HRA with the funds to close on the. property in January
. in the form of an unsecured note. The title will be transferred to the developer when the
current owner has vacated the property. This arrangement is being recommended by the
HRA's counsel in order to protect the HRA's interests and ability to enforce#he conditions
of the stipulation. There is minimal exposure to the HRA under this scenario:
Su ortin ocuments
• S� lati of Final — 525 Mainstreet
sten Elv rum ,_
Director Planning & Development
Finan ial Impact: $ 0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes; .
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� Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
The Housing and Redevelopment Authority in
and for the IIRA of Hopkins, a public body
corporate and politic under Minnesota law, Court File No. 27-CV-08-15980
Petitioner,
vs. STIPULATION
OF
Aleksander Mark Teplitski, aka Aleksandr M. FINAL SETTLEMENT
Teplitski; Spouse of Aleksander Mark Teplitski,
if any; Aleksandra B. Teplitski; Joseph Garber
and Nancy Garber; Hopkins Park Plaza, L.L.C., �
a Minnesota limited liability company M&I Parcel 1 Mainstreet
Marshall & Illsley Bank, a Wisconsin banking
corporation; County of Hennepin; HRA of
Hopkins; all other parties unknown having any
� right, title or interest in the premises herein,
together with the unknown heirs or devisees, if
any, of the parties that may be deceased, and .
including unknown spouses, if any, and the
successors and assigns of the foregoing parties, if
any,
Res ondents
THIS AGREEMENT is entered into this _ day of December, 2008, by and among the
Housing and Redevelopment Authority in and for the City of Hopkins, a public body corporate and
politic under the laws of Minnesota, located at 1010 First Street South, Hopkins, Minnesota 55343-
7558, Petitioner herein ("HRA"), and Aleksander Mark Teplitski and Aleksandra B. Teplitski,
husband and wife, Respondents herein ("OWNERS"). OWNERS address is: 525 Mainstreet,
Hopkins, Minnesota 55343.
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344055v1 RJL HP130-4
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I. RECITALS
1.01. OWNERS are the Owners in fee simple of the real estate which is described in
; Exhibit A attached hereto and which is located at 525 Mainstreet, Hopkins, Minnesota ("Subject
� Property")
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1.02. On June 17, 2008, the Board of Commissioners of the HRA adopted its Resolution
No. 453, authorizing and directing the condemnation of the Subject Property for redevelopment
purposes, finding that acquisition of the Subject Property is necessary and for a public purpose.
1.03. On June 27, 2008, the HRA filed its Condemnation Petition in the office of the
District Court Administrator �for Hennepin County, commencing the above captioned eminent
domain proceeding to acquire the Subject Property for redevelopment purposes in accordance with
the Hopkins Redevelopment Project No. 1 and Resolution No. 453. �„
1.04. The Subject Property is improved with a one story service garage building which as
of the date of filing the Petition was occupied by OWNERS. OWNERS represent that there are no
other tenants or other parties occupying the Subject Property or having a legal interest in the Subject
, Property. �
1.05. OWNERS represent that they operate a used car sales and repair service business in
� the Subject Property which will be displaced by the HRA's acquisition of the Subject Property
i within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended, and applicable Federal regulations (collectively, "Federal Act"), as '
applied to state or local property acquisitions by Minnesota Statutes, Sections 117.50 to 117.56 ,
("State Act") or regulations promulgated pursuant thereto ("Relocation Regulations"). I �
1.06. OWNERS represent that, in order for them to relocate their business from the
Subject Property, without substantial damage to the business, they need to identify and prepare a ""
344055vi RJL HP130-4 2
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� re lacement ro e. OWNERS have been re resented in this matter by experienced eminent
p P P rtY P
domain counsel, knowledgeable in relocation and other experts concerning the costs which they will
incur to relocate from the Subject Property. Owners are satisfied that the sum enumerated on
Exhibit B attached hereto ("Relocation Amount") will fully compensate them for the costs which
they will incur due to their displacement from the Subject Property, as provided under the Federal
Act and State Act.
1.07. HRA represents that it has entered into a Third Amended Contract for Private
Redevelopment by and between the HRA and Doran Pratt Development, LLC ("Developer") under
which HRA has agreed to acquire the Subject Property and convey it to Developer on or before July
10, 2009. HRA acknowledges and agrees that notwithstanding any agreement between HRA and
Developer, OWNERS may remain in exclusive possession of the Subject Property through June 30,
. 2009, subject to and in accordance with the terms of this Agreement.
1.08. In this Agreement, HRA, and OWNERS intend to:
a) Provide for satisfaction of any and all claims by OWNERS and all other
parties named herein for compensation arising from the HRA's taking of the
Subject Property;
b) Provide for payment of real estate taxes and special assessments payable
with respect to the Subject Property in 2008 and previous years;
c) Provide for payment of the entire unpaid balance of special assessments
levied or pending against the Subject Property;
d) Provide for payment of relocation benefits agreed by OWNERS and HRA to
be due to OWNERS in accordance with the Federal Act and State Act;
e) Provide for payment to OWNERS of the Settlement Amount;
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344055v1 RJL HP130-4 3
fl Provide for the terms under which OWNERS may occupy the Subject �
Properly until the Possession Date; and
g) Provide for enforcement of this Agreement.
1.09 OWNERS represent that they are the owners of the Subject Property in fee simple,
subject to no encumbrances except the following ("Permitted Encumbrances"):
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'; a) real estate t�es payable in 2009 and subsequent years, including
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� installments of special assessments payable therewith;
b) special assessments levied and pending, if any; '
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c) easements of record, if any; and
d) zoning ordinances and building restrictions of the City of Hopkins.
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� II. AGREEMENT
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i NOW, THEREFORE, in consideration of the premises and their mutual promises and other
good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto hereby agree as follows:
2.01. The foregoing recitals are hereby incorporated into this Agreement.
2.02. Subject to performance by the HRA under this Agreement, OWNERS each waive
any and all objections which they may otherwise have been entitled to interpose in this proceeding ',
to: II
a) The jurisdiction of this Court both as to the subject matter and as to them �
personally;
b) The public purpose and necessity of the HRA's taking of the Subject
Property; and
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_____ _"____ " _._._ .._ _ ___.' _ _ _ __ . . . _ _ ___ _ ____ ___ _ .. _ __ _ __ __ _ __ _._ _
_ _ ___ "I �. . _ . ` . _ _ _ . _ ______ __ _ _ __"_ _ ._" ._" __ _. ..___ _" ____".__ _ . ._ . . .__"__. .. . . .___.._ .. .
� c The le ali of the rocess followed b the HRA in creation of Ho kins -
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Redevelopment Project No. 1, the Development Program for Municipal
Development District No. l, the creation ofthe tax increment district
including the Subject Property, the adoption of the eminent domain
resolution and all other proceedings relating to the acquisition by the HRA of
the Subject Property or the creation of said tax increment financing district.
2.03. Subject to performance by the HRA under this Agreement, OWI�]ERS, withdraw
their previously asserted objections to the condemnation of the Subject Property herein and stipulate
and agree to the issuance by the above Court, in form acceptable to counsel for HRA of (a) Findings
of Fact, Conclusions of Law and Order Approving Petition and Appointing Condemnation
Commissioners ("Order Approving Petition") in the above matter; and (b) Findings of Fact,
� Conclusions of Law and Order Authorizing Transfer of Title and Possession ("Quick Take Order")
in this matter.
2.04. The HRA and OWNERS agree that HRA shall pay the sum of Six Hundred Twenty
Thousand Dollars ($620,000.00) (the "Settlement Amount") at Closing, as the total compensation
for all right, title and possessory interests in the Subject Property, including but not limited to
amounts due and owing for just compensation for land, improvements, fixtures which are
permanently affixed and incorporated within the real estate, interest, and costs and disbursements
including appraisal and attorney fees, less amounts required to satisfy the following ("Approved
Deductions"): (a) real estate taxes payable in 2008 and previous years with respect to the Subject
Property and installments of special assessments payable therewith; (b) the entire balance of special
assessments levied or pending against the Subject Property; (c) any judgment, mortgages or other
liens encumbering the Subject Property; and (d) all unpaid utilities provided to the Subject Property
� prior to Closing. "Closing" shall occur no sooner than January 2, 2009, and no later than January 30,
344055v1 RJL HP130-4 5
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� � I 2009, on a date which is mutually convenient to the parties. At Closing, Owners shall execute and
deliver to I IRA, in form acceptable to counsel for HRA:
I (a) a warranty deed conveying marketable title of the Subject Property to HRA, free of
all encumbrances except Permitted Encumbrances;
(b) a bill of sale for all fixtures remaining in or upon the Subject Property;
(c) an affidavit of seller;
(d) a Receipt confirming payment; and
(e) such other customary closing documents as may be requested by counsel for HRA,
or Developer. ,
The parties further agree that:
2.05 Counsel for HRA may ex parte obtain issuance of the Orders Approving Petition
and Quick Take Order in fortn acceptable to counsel for HRA.
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2.06. Effective upon payment of the Settlement Amount (less Approved Deductions) to
Owners, Owners waive any and all rights to further notices, viewings, or hearings regarding the
instant condemnation action, except as they relate to enforcement of this Agreement or as may be
specifically provided in this Agreement. Effective upon payment by HRf1 of the Relocation
Benefits, Owners waive any and all rights which they may have concerning the adequacy of the
Relocation Benefits to satisfy all obligations of HRA to OWNERS pursuant to applicable laws and
regulations.
2.07. Within ten (10) days following vacation of the Subject Property by OWNERS and
payment of all amounts due for utility and other services provided to the Subject Property prior to
June 30, 2009, HRA shall pay Owners the sum of Seventy One Thousand Two Hundred Fifly
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Dollars ($71,250.00), which the parties agree to be the relocation benefits to which OWNERS are
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� entitled under the Federal Act State Act and Relocation Regulations as are enumerated on Exhibit
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B hereto ("Relocation Benefits").
2.08 OWNERS represent that they are the sole owners of the Subject Property and all
fixtures which are permanently attached and incorporated within the real estate at the Subject
Property and will defend, indemnify and hold HRA harmless from the claims of any other person or
party who may assert a claim for damages due to the taking of the Subject Property. OWNERS
further agree (a) that they hereby waive any claim for going concern damages; and (b) that they will
not challenge the formation of the ta�c increment financing district or the tax increment financing for
the HRA's Project either in this proceeding or by commencing a separate action for such purpose.
2.09. HRA and Developer, their agents and contractors, shall have the right upon
reasonable notice at any time following execution of this Agreement and prior to delivery of
• possession by OWNERS to enter upon the Subject Property for the purpose of making
inspections, taking soil tests and borings, making surveys and maps, and performing other
investigative work by HRA's or Developer's employees and agents.
2.10. OWNERS agree that they will not rent, sublease or re-rent to a third party any
portion of the Subject Property after execution of this Agreement and will hold the HRA harmless;
defend and indemnify the I-IRA against the claims of any party not named in Exhibit A attached
hereto for relocation benefits pursuant to the Federal Act or State Act. The parties agree that HRA
shall own all right title and possession of the Subject Property upon payment of the Settlement
Amount, except that Owners may occupy the Subject Properly until June 30, 2009, as provided in
this Agreement.
2.1 l. OWNERS agree that payment by HRA of the Relocation Amount as provided in
this Agreement fully and completely satisfies the HRA's obligation to pay relocation benefits
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344055v1 RJL HP130-4 ' '�
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pursuant to the Federal Act and State Act. At the time of said payment OWNERS agree to execute -
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and deliver to I-�ZA the Satisfaction which is attached hereto and incorporated herein as Exhibit B.
2.12. Notwithstanding the foregoing, OWNERS shall be entitled to continue to occupy the
Subject Property until June 30, 2009 (the "Possession Period"), provided that they:
(a) Maintain a policy of comprehensive general public liability insurance
covering all acts of OWNERS and all their subcontractors, employees,
agents, representatives and guests on or about the Subject Property;
� � (b) Maintain automobile liability insurance (including owned, non-owned and
hired or otherwise employed vehicles) in a combined single limit amount of
not less than $1,000,000 and written on an "occurrence" basis. All such
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insurance policies shall name the IIIZA as additional insured;
(c) Pay the cost of all sewer, water, electric, natural gas, telephone, garbage ,,,;;,
�= collection and disposal, cable te(evision and other utility services which are
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;� provided to the Subject Property during their occupancy of the Subject
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� � Property (collectively, "Utility Service").
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� (d) Pay the pro-rata portion of real estate taxes payable in 2009 which is
�� allocable to the Possession Period;
i , (e) Pay the cost of any repairs which OWNERS in their sole discretion deem
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i necessary during their possession of the Subject Property (notwithstanding
the foregoing, if the HRA reasonably determines that OWNERS' failure to
undertake repairs has caused the Subject Property to become a hazard to
public health or safety or a nuisance, the HRA shall not be precluded by this
provision from its statutory right to abate the nuisance or otherwise address
the problem and if the HRA elects to do so, the I-IRA shall have the right to �
-RA
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� recover from OWNERS the reasonable costs incurred by the HRA in
undertaking such repairs as the HRA in its reasonable discretion deems
necessary to protect the public health or safety or to abate the nuisance)
("Required Repairs");
(fl Remove all personal property, garbage and debris from the Subject Property
prior to vacation of the Subject Property by OWNERS; and
(g) Keep the Subject Property free from any hazardous materials and/or
environmental pollutants not located on the Subject Properly as of the date of
this Agreement.
2.13. In the event of OWNERS' breach of this Agreement, upon five days' written notice
by HRA to OWNERS in accordance with this Agreement, HRA shall be entitled to seek an order of �
• the District Court pursuant to Minn. Stat. § 117.043 to enforce the provisions of this Agreement,
which order may provide an award of attorneys' fees, costs and disbursements in favor of HRA.
2.14. Subject to its performance in accordance with this Agreement, OWNERS may
occupy the Subject Property for the full Possession Period, from the date of this Agreement until
3une 30, 2009. If OWNERS fail to vacate the Subject Property on or before June 30, 2009, and to
deliver possession thereof to HRA, OWNERS shall be in default under this Agreement and shall
owe the HRA liquidated damages in the amount of $1,000 for each day thereafter which shall elapse
prior to OWNERS' vacation of the Subject Properly ("Liquidated Damages"). OWNERS shall
remove all personal property, garbage and debris from the Subject Property in connection with its
vacation of the Subject PropeMy, and, in the event Owners fail to do so, any personal property and
debris shall be deemed abandoned.
2.15. If and to the extent that OWNERS fail to pay the cost of Utility Services, Required
• Repairs, Rent, Liquidated Damages or other amounts due from OWNERS to HRA pursuant to this
344055v1 RJL HP130-4 9
Agreement which are attributable to OWNERS' occupancy of the Subject Property after the
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payment by HRA to OWNERS of the Settlement Amount, or if Owners fail to remove or dispose of
any personal property, garbage, or debris from the Subject Property, upon the affdavit of counsel
for the HRA, the � IRA may deduct such amounts and removal or disposal costs, disbursements and
reasonable attorneys fees incurred by the HRA in satisfying and recovering such amounts from the
Relocation Amount otherwise owed by the HRA to OWNERS following delivery of possession by
• OWNERS. If and to the extent the Relocation Amount is insufficient to pay such amounts,
OWNERS hereby confess judgment (or agree to confess judgment) in favor of the HRA in the
amount of such insufficiency.
2.16. OWNERS agree that they will defend, indemnify and hold the HRA harmless
� against any and all claims against HRA relating to the Subject Property so long as OWNERS are
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� permitted to occupy the Subject Property in accordance with the provisions of this Agreement and
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OWNERS are paid the Relocation Amount (less any amounts chargeable to OWNERS pursuant to
this Agreement due to their occupancy of the Subject Property after the date of payment by the
HRA of the Settlement Amount,
2.17. This Agreement is contingent upon (a) approval of the HIZA Board of
Commissioners; (b) execution of this Agreement by all parties; (c) the Court's issuance of the Order
� Approving Petition; and (d) the Court's issuance of the Quick Take Order.
� 218. The effective date of this Agreement shall be the date of its execution by the last
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� party to execute this Agreement.
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� 2.19. Notices. All notices, demands and requests required or permitted to be given under
this Agreement shall be in writing, and shall be personally delivered, deposited in U.S. Mail,
postage paid, registered or certified, return receipt requested, or deposited prepaid for overnight ,
'� delivery by a reputable overnight courier service, in any case addressed as follows: ���, !
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344055v1 RJL HP130-4 !�
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� If to OWNERS: .
Aleksander M. Teplitski
525 Main Street
Hopkins, MN 55343
With A Copy To:
Jon Morphew, Esq.
Schnitzker & Associates, Pa
1330 — 81 Avenue NE
Spring Lake Park, MN 55432
763-252-0114
If To HRA:
Hopkins HRA
Kersten Elverum
. 1010 —1 St Street South
Hopkins, MN 55343-7558
952-548-6340
With A Copy To:
Robert J. Lindall, Esq.
Kennedy & Graven Chartered
470 US Bank Plaza
• 200 South Sixth Street
Minneapolis, MN 55420
� 612-337-9219
Each party may change its address for notice hereunder by notice given in accordance with the
provisions hereof at least ten days prior to tl�e effective date of the address change. Notice shall
be deemed given upon the earlier of personal delivery, two days after the date postmarked, two days
after depositing with such courier for delivery or upon the refusal to accept such service.
2.21. Other Terms. This Agreement shall be governed by the substantive law of the
State of Minnesota. This Agreement may be executed in counterparts, each of which shall be
deemed an original but which together shall constitute one and the same agreement.
2.22. OWNERS Documents. If OWNERS have not previously delivered the following
records and documents concerning the Subject Property to HRA, OWNERS shall provide or
deliver or make available the following to HRA or its agents within ten days after the date of this
� Agreement:
344055v1 RJL HP130-4 11
_ (a) If reasonably available and in OWNERS' possession, copies of surveys,
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� tax bills, as built, mechanical, electrical, architectural and structural plans
and specifications, any notice of any statute or code violation pertaining to
the Subject Property received by OWNERS in the previous five years and
any documents pertaining to the resolution thereof and all other contracts
or other documents of material importance to the operation of the
buildings on the Subject Property;
(b) Copies of all Phase I and Phase II environmental assessment reports
previously produced with respect to the Subject Property.
2.23. Miscellaneous. The paragraph headings or captions appearing in this Agreement
are for convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement. This written Agreement constitutes the complete agreement
between the parties and supersedes �ny prior oral or written agreements between the parties
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regarding the Subject Property. There are no verbal agreements that change this Agreement anc�
no waiver of any of its tertns will be effective unless in writing executed by the parties. This
Agreement binds and benefits the parties and their successors and assigns.
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• Sti ulation o Final Settlement
P .f
Parcel 1-525 Main Street
PETITIONER
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR
THE CITY OF HOPHINS
December _, 2008 By
Eugene Maxwell, its Chair
� And by
Rick Getschow, Executive Director
KENNEDY & GRAVEN CHARTERED
December _, 2008 By '
Robert J. Lindall (#63277)
John M. LeFevre, Jr. (61852)
470 U.S. Bank Plaza
200 South Sixth Street
• Minneapolis, MN 55402
ATTORNEYS FOR PETITIONER
HOPKINS HRA
RESPONDENTS:
December , 2008 By:
Aleksander M. Teplitski
December , 2008 By: �
Aleksandra B. Teplitski,
Wife of Aleksander M. Teplitski
SCHNITKER & ASSOCIATES
December _, 2008 By
Jon Morphew, Esq.
ATTORNEYS FOR RESPONDENTS:
Aleksander M. Teplitski and
Aleksandra B. Teplitski
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344055v1 RJL HP130-4 13
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EXfIIBIT A �
Legal Description of the Acquisition Propertv
• Parcel 1(PIN # 24-1.17-22-42-0166) (525 Main Street, Hopkins, MN)
Legal Description
Tract A:
Lots 9, 10 and 11, Block 64, West Minneapolis Second Division;
Tract B:
That part of Lot 3, Auditor's Subdivision No. 242, Hennepin County, Minnesota, lying South of
an extension across said Lot of the North line of Lot 4 of said Subdivision.
According to the map or plat thereof on file and of record in the Office o�the Registrar of Titles
in and for Hennepin County, Minnesota (Registered Property pursuant to Certificate of Title no.
1098174).
Names of Apparent Owners or Other Parties Whose Interest is to be Acquired in Connection
with the Taking of this Property: • �
Name Nature of Interest
Aleksander Mark Teplitski, aka Fee Owner
Aleksandr M. Te litski
' Aleksandra B. Te litski Possible holder of an interest
S ouse of Aleksander Mark Te litski, if an Inchoate Interest
Henne in Count Real Estate Taxes
; Ci of Ho kins S ecial Assessments, if an
I Jose h Garber and Nanc Garber Possible holders of an Interest
Hopkins Park Plaza, L.L.C., a Minnesota limited Possible holder af an interest
liabili com an
All other parties unknown, together with Any right, title or interest in the Properly �
unknown heirs or devisees and spouses, if any,
and the successors and assigns of the foregoing
arties, if an
Notwithstanding the foregoing attempt to identify all interests held by a, party named herein, it is
Petitioner's intention herein to encumber all interests owned by the named respondents in the
above-described real estate.
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XI�IIB T B
Relocation Egpenses To Be Paid
To Owners Following Vacation of
the Subject Property
A. Reestablishment Egpenses $50,000
Pursuant to Minn.Sta� � 117.52 subd 1(a)
B. Search Costs 2,500
Pursuant to 49 C.F.R 24.301(gJ(17)
C. Self Costs 7,500
Pursuant to 49 C.F.R 24.301(d)(1)
D. Disconnect/Reinstallation Costs 10,750
E. Printing Costs 1,000
TOTAL RELOCATION EXPENSE TO BE PAID $�
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344055v1 RJL HP130-4 A-2
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EX�-IIBIT C
SATISFACTION AGREEMENT
THIS SATISFACTION AGREEMENT ("Satisfaction") is made by and between the
Housing and Redevelopment AuthoriTy in and for the City of Hopkins ("HRA") and Aleksander
M. Teplitski and Aleksandra B. Teplitski, ("Owners") This Satisfaction is effective as of
, 2009.
RECITALS
1. HRA has notified Owners that the HRA desires to acquire the real estate which is
described on Exhibit A attached hereto ("Subject Property") and that Owners are
entitled to relocation assistance benefits pursuant to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, and
applicable Federal regulations (collectively, "Federal Act"), as applied to state or
local property acquisitions by Minnesota Statues, Section 117.50 to 117.56
("State Act").
2. Owners received relocation assistance through a benefits counselor, Jon Morphew
("Morphew");
. �,;',,_
� 3. Morphew collected documentation related to Owners' claim and advised HRA
that Owners are entitled to Seventy-One Thousand Two Hundred Fifty Dollars
($71,250.00) in satisfaction of Owners' claims for benefits pursuant to the Federal
Act and State Act. Owners have agreed that said amount is adequate to fully
compensate it for its relocation costs pursuant to the Federal Act and State Act as
a consequence of its displacement from the Subject Property;
4. Owners have been advised in this matter by experienced eminent domain counsel
and relocation counselors of its own selection.
AGREEMENT
NOW THEREFORE, in consideration of their mutual promises and the payments
hereunder it is understood and agreed as follows:
r' r ated into this A reement.
2. The fore oin recitals a e mco or g
g g p
3. Upon execution of this Satisfaction, HRA shall pay to Owners benefits totaling
Seventy-0ne Thousand Two Hundred Fifty Dollars ($71,250.00) in accordance
with the Federal Act and State Act, which payment shall be accomplished as
provided in the Final Stipulation of Settlement entered into as of December ,
2008, by and among, HRA and Owners.
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4. Upon making the above benefit payment, HRA will have paid all benefits due to
Owners and will have completely satisfied its obligations pursuant to the Federal
Act and State Act.
5. Effective upon payment of said Seventy-One Thousand Two Hundred Fifly
Dollars ($71,250.00), less Approved Deductions as described in the Stipulation of
Final Settlement, if any, Owners and all of their agents, employees,
representatives, officers, partners, insurers, directors, predecessors, successors,
heirs and assigns, and each and all of them, hereby forever release and discharge
HRA and all of its agents, employees, representatives, officers, commissioners,
insurers, successors and assigns, and each and all of them from any and all claims
and demands that were or could have been asserted by the Releasors with respect
to relocation assistance and benefits pursuant to the Federal Act and State Act.
6. In making this Satisfaction, the parties are each relying upon their own respective .
judgment and knowledge and upon the advice of their own respective attorneys
and relocation counselors. In making this satisfaction, the parties acknowledge
that they have not relied upon the representations or statements of any other party
other than those recitals, representations and warranties set out in this
Satisfaction.
• 7. Upon execution of this Satisfaction and tl�e making of the benefit payment and
deposit specified above, the parties forever release, discharge and waive any and
all rights to contest or appeal from the determination made herein in relation to
Owners' eligibility for relocation benefits and the amount of its claim.
8. Each of the representations, warranties, agreements and covenants of the parties
contained in this Satisfaction shall survive the execution and delivery of this
Satisfaction on the day hereof.
IN WITNESS WHEREO�, the parties have set their hands the day and year first above
written.
HOUSING AND REDEVELOPMENT OWNERS:
AU�'HORITY IN AND FOR THE
CITY OF HOPKINS By
Aleksander M. Teplitski
By: .
Its Chair By:
Aleksandra B. Teplitski,
And by: wife of Aleksander M. Teplitski
Its Executive Director
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