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96-565Return copp to: Real Estate Division 140 City Hall RESOLUTION OF SAINT PAUL, MINNESOTA r�cea sy 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 Refeaal To ` l.a'ilil��i'�f�� Cnmmittee: Date � WHEREAS, on March 28, 1996, Land 7itle, Inc. paid off two assessments (1 street improvement and 1 sidewalk) for property located at 865 Grand Ave. (PIN 02-28-23-31-0015) legally described as: Summit Pazk Addition to St. Paul in Ramsey County, Minnesota; all oF Lots 26, 27 and Lot 28, Block 22, and; WHEREAS, after paying the assessments, Land 1�tle realized they shonld not have paid off these assessments because of a negotiated purchase agreement between the seller, Norwest Bank Minnesota, N.A., and the new owner, Montreal Company represented by James A. Stolpestead, Chief Manager oF VCW Limited Liability Company, and; WHEREAS, Land 1Ytle, Inc, has requested the Real Estate Division to refund $5,387.95 for the street improvement and $8,134.57 for the sidewalk, and reinstate the assessments to the properly so they can be colleMed with the property tases over the remaining installment period. NOW THEREFORE BE IT RESOLVED, that the Real Estate Division is authorized to refund Land 15t1e, Inc. $13,522.52 and reinstate these assessments to the property to be collected with the property taates. Requested by Department of: Finance & Management Services By; ��� Director �26 Form Approved by City Attorney By: �����— '���/ �i � By: � \ Approved By: by Mayor for Submission to Council By:� � �� Council File # 9 `— s�.s Green Sheet # y��sb Adopted by Council: Date � (� Adoption Certified by Council Secre � qc.-sts � DEPARTMENT/pFFICE/COUNCIL DATE INITIATED u N 3 418 6 Finance De artment Real Estate 5-3-96 �7REEN SHEET __ _ _._ -- INITIAUDATE INRIAUDA7E CO ACi PEflS�N & PHONE O pEpARTMENT DIPECTOFi � CISY LOUNQL Roxanna Flink 266-8859 A�" mCtTYA7TOBNEV OCRYCLERK MUST BE ON COUNCIL AGEN ATE) pOY�N FOfl O BUOGET OIqECTOR � FIN. 8 MGT. SEAVECES OIR. onoen �MAVOa�oanss�sre.� � Council Research TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncrroN aEnuESrEO: Re£und assessment payments paid by the Title Company and reinscate them to the property to be paid by the buyer through the pxoperty taxes. RECOMMENDAiIONS: Apprave (A) a Rejea (R) pERSONAL SERVICE CONTpACTS MUST ANSWER THE fOLLOW{NG �UESTIONS: _ ALANNIN6 GOMMISSIOM _ CIVIL SEflV{CE CAMMISSION �� - Has this persoMfirm ever wnrked under a contract for tttis Eepartmant? - _ qBCOMMRiEE , YES NO _� 2. Has this person/firm ever been a c�ry employee? — VES NO _ oiSTqIC7 COUR7 _ 3. Does this personttirm possess a skill not normally possessetl by any curcent ciry empl0ye9? SUPPppT$ WHICN COUNpL OBJECTIVEI j��(� YES NO Explain all y0s enswers on separate sheet antl ettaeh to green s�eet INITIATINCa PROBLEM, ISSUE, OPPORTUNITV (Who, What. When, Where, Why): Land Title inadvertantly paid off two assessments the seller had negotiated with the new owner to assume. (Schedules A,B,C,D & E) ����.�� �� MAY t � 19�6 �mF Y��'� �b�"�l�� ADVANTAGESIFRPFROVED: The city would collect the assessments including interest with' the taxes. _ ��%��� � (�aY Q6 1��� r .' ' � DISADVANTAGESIFAPPROVED: �- ' None �`il3f#il�� . : ��i `(�f�Al' ivir�`Y' �. �; ���� DISAOVANTAGES IF NOTAPPflOVED: None TOTALAMOUNTOFTRANSACTION $ 13.SZZ.S2 COS7/REVENUEBUDGETED(CIqCLEONE) YES NO FUNDING SOUBCE pIR AC7IVITY NUMBEH $02-60002-6010-60002 FINANqAL INFORMATION: (EXPLAIN) 502-60002-6007-60002 Apri125, 1996 IAND � TITLE z Ms. Roxanne Flink, Assessment Supervisor Department of Finance and i�Iana�ement Services City of Saint Paul 140 City Hati Saint Pau(, MN SSiQ2 Re: Victoria Crossing West Mai1 867 Grand Avenue Dear Ms. Flink: SCNEJ�U1-E ''A" 1900 Silvec Lake Road Suite 200 New Brighton, Minnesota 55112 (612) 638-1900 FAX 638•1994 9�-sCs I am writing to follow up conversations you had recently wiih James A. Stolpestad whose investment group closed on the purchase of the above property on March 21, 1996. At the closing, we paid off $13,522.52 in special assessments against the property. Copies of the receipts are enclosed. However, Mr. Stolpestad's �roup intended that the special assessments would be assumed at the ciosing, not paid. The enctosed copy of the purchase agreement supports this position. We would therefore request that you refund to us the $13,522.52 and reassess this amount against the property. Enclosed is a letter from Mr. Stoipestad a�reeing to [his assessment. Please bill us for any administrative charge that may result from this refund. Thank you. Very truly yours, 1 / . Dennis 7. Unger Enclosures cc: 7ames A. Stolpestad AGENT FOR CHICACO TITLE INSURANCE COMPANY and FIRST AMERICAN TITLE INSliRAYCE COMPANY SC'}"I�S�UL� n � j OFFICB COPY *�*�*� ���* CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICBS SPECIAL ASSESSHENT RECEIPT 865 GRAND AVE PROPERTY ID N0. i ASMT � PROSSCT ; ORIG ASMT � PROPERTY ADDRESS 02-28-23-31-0015 ; 3229 ; S 11373 {$14,486.55 ; 865 GRAND AVE � � � � SEGINNING ; � � � TOTAL � � SUMltIT PARK ADDITION TO BALANCE � INSTALLMENT i INTEREST � RECEIVED � BALANCE � ST. PAUL IN RAMSEY COUNTY, $7,967.58 � $7 ; $166.99 � $8,134.57 � $0.00 � MINNESOTA � � � � � ALL OF LOTS 26, 27, & LOT 28 BLK 22 RECEIVED OF: LAND TITL$, INC. 1900 SILVER LAKE ROAD #200 NEW BRIGHTON, MN 55112 This receipt is void unless stamped by the Cashier OFFICE COPY ������ ���� CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT 5ERVICES SPECIAL ASSESSMENT RECEIPT '.-28-23-31-0015 ; 0507 � BEGINNING � BALANCE � INSTALLMENT $5,387.95 ; $5,387.95 i i � ...,......,. � .,.._.. ....... � 18391 � $7,697.11 � � TOTAL � INTEREST � RECEIVED � $0.00 ; $5,387.95 � � i i ;EIVED OF: LAND TITLE, INC. 1900 SILVER LAKE ROAD �200 NEW BRIGETON, MN 55112 t1�"J� RECEIPT # DATE 29373 03-28-96 RECEIPT # DATE 29372 03-28-96 � SUMMIT PARK ADDITION TO BALANCE � ST. PAUL IN RAMSEY COUNTX, $0.00 � MINNESOTA � ALL OF LOTS 26, 27, & LOT 28 BLK 22 > receipt is void unless stamped by the Cashier t a -- - � -----_ a. _. �=- - . --- - — — � i �, . Y>, � �-- �� ' ° , ���.` �;;� 1 � ; ` z �== ' ( �' �.' , . - . ;.��;�_ :. � . . j, ",r � � � -- . M-r ' Yr� ... N I 'C � W.�-�" � N z � � , ._ .' " �: . . _'-_ ' � i ;.M. M, . `;. P,� '=: N i N: s, � � y ,�. � � +. I a�: ; . =`N. N.._'�... � � �� `.M O � ' . ,:�„ ,., °. . � j , „ a � �,a __� L---- --- I �! S b?�o1�i71 � � �[ OSY I+ (��0� QI �N�tON�.1 N � � � N � ; � N a � __ _ — I � — � 41 �' N � . � � � \� r � � � � � � o x — rx'; }—= I � ', = I � � - � -" _`� N �I ` I � �� ! ' = I . � .. - � � : , i y � p , � � ' y � 097 . - ; ��.- � -- —� — = �. � v . � 4, �. � �4 � , � �I :� ,��a��� ,) -��. . , '� �. - M � � J � "�, t I: � — ------ 7 h �, �s�n.=1 .� ���J . j � `° � . �. --- - f --. ; . � - "� � { � J r m N � � ' � N N � � v O � � �a o � — �► � �— �' � � ^ r � � � �� .Il� �-H � � t0 • � I l� � `1S No��iW o�, � � oN�� � a ', '- � � _ _. � !� �, m � m�t � � N � v d' � . N � M � � � ti. • I 1----- = — — —=—�-- ;_ . 1 �s%tif � :x 1 M� � � �' � �, - � ^ � n � ��� n M µ; �� � � � �� !i� cD . W � a, q ---� — � , �� --e-- Q i,� � cr , ��N . � p N � ' li o ., � 3 N N �O P� ---='—�'�' *—� �� � 4� M "' a , �- � � _ - � � — — -r� -� m i;',} , � � / , ;' , � 7. CLOSING REQUIREMENTS. C JC,u�.���..: rr �� , � �t �•- SG5 {a) Closing Documents. At Closing, the Seller parties shall execute and/or deliver the following closing documents, in form and content reasonably acceptable to the parties: • Quitclaim deed to the Land. • Quitclaun bill of sale to certain personal property located on the Land. to. • Standard Se11er's Affidavit, certifying to absence of liens etc., except Pernutted Encumbrances. • Such Tenant Estoppel Certificates, in the form aitached as Exhibit B, as Seller is able through its besE efforts to obtain. • Certificate of Real Estate Value. • Such other documents as the Buyer may reasonabiy require. (b) Prorations. A11 operating costs relating to the Property for the period through the date of Closing shall be prorated between Seller and Buyer through the date of Closing. Seller shall pay all real estate taxes and installments of special assessments relating to the Property for the period through the date of Closing and Buyer shall be responsible for the payment of all real estate taxes and installments of special assessments relating to the Property for the period after the date ot Closing. (c) Possession. Seller shall deliver possession of the Property to Buyer upon the conclusion of the Closing. (d) Tax-Exem�t Financi�. Buyer's lender may wish to take advantage of the tax-exempt nature of the current financing and effect a formal re-issuance of the Bonds. In that event, Seller agrees to cooperate fully with such procedure and work with Buyer to accomplish such ob}ective. Buyer acknowledges that in no event shall SelIer be required to extend the date of Closing, and Buyer ao ees to reimburse Seller for its costs and expenses incurred as a result of any such cooperation requested by Buyer. 8. GENERAL PROVISION. (a} Entire A�;reement. This written Agreement constitutes the complete ao eement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal ab eements that change this Aareement and no waiver of any of its provisions shall be effective unless done in a written document that is properly executed by the parties. -5- � � t� � SGI-�tQUL£"� ' VCW LIlVIITED LIABILTTY COMPANY {�� S GS Apri125, 1496 Ms. Roxanne Flink, Assessment Supervisor Department ofFinance and Management Services City of Saint Paul 140 City Hall Saint Paul, MN 55102 Re: Victoria Crossing West Mall 867 Grand Avenue Dear Ms. Flink: I am the Chief Manager of VCW Limited Liability Company, which closed on the purchase of the above property on March 21, 1996. At the closing, $13,522.52 in special assessments against the property were paid off. We had intended that the special assessments would be assumed at the closing, not paid, as indicated in the purchase agreement. We understand that Land Title, Inc. has requested that you refund to them the $13,522.52 and reassess this amount against the property. We consent to this assessment and agree to pay offthe resulting principal and interest over the ma�cimum time period available under applicable city ordinances. We also agree to reimburse Land Title, Inc, for any administrative charge that may result from this refixnd. Thank you for your assistance. Very truly yours, ames A. Chief Mar_o__