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the <br />anada <br />51.5 Little Canada Road, Little Canada, MN 55/174600 <br />(651) 7664029 / FAX: (651) 766 -4048 <br />w w w. c i.l i t t t e -c an a da. m n. us <br />MEMORANDUM <br />TO: Mayor Blesener and Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: November 13, 2012 <br />RE: Donovan Construction Purchase Agreement <br />MAYOR <br />Bill 131esener <br />COUNCIL <br />Rick Montour <br />John Keis <br />Michael McGraw <br />Shelly Boss <br />ADMINISTRATOR <br />Joel R. Manson <br />Attached is a draft of the proposed purchase agreement for the Donovan Construction property. The <br />proposed purchase price is for $408,500. Ramsey County's Estimated Market Value on the property is <br />$540,000. The appraisal commissioned by Donovan Construction yielded a value of $475,000. Based <br />upon this information, the price negotiated is reasonable. <br />Another component of this transaction is the existing cell tower lease. Donovan has obtained lease <br />buyout offers of $250,000 even though the remaining income stream though the lease term ending <br />12/31/20 is only about $140,000. As you know, we hired a consultant that has reviewed this situation. <br />We will have a recommendation ready for you on whether it makes sense for the City to purchase the <br />lease or let the sale go through to a third party. We need to act on this matter by no later than December <br />26°i. Given the impact this item could have on the final transaction, I am recommending we go to <br />closed session to discuss this matter. We can close a meeting to deal with the purchase or sale of <br />real or personal property under the following conditions: <br />✓ Determine the asking price for real or personal property to be sold by the public body. <br />✓ Review confidential or protected nonpublic appraisal data. <br />✓ Develop or consider offers or counteroffers for the purchase or sale of real or personal property <br />One last addition to the document is an occupancy agreement that will allow them to remain on the site <br />past the closing date. They have informed me that they should be able to have the site totally cleared by <br />the end of January. <br />Some other matters we need to address once Donovan signs the purchase agreement include ordering <br />title work, a property survey, and conducting environmental /geotechnical reviews. Donovan is presently <br />reviewing this agreement. I have informed them that I would want a signed copy back before final <br />approval of the City Council. Given they would like to close before year -end, I would expect to hear <br />from them early next week. Staff would like the Council's authority to proceed with those items <br />once a signed purchase agreement is received. <br />Staff recommends approval of the purchase agreement, subject to any acceptable modifications <br />proposed by Donovan Construction. <br />1 <br />