2023-07-27 - Laserfiche WebLink

4 exercise the right of first offer on each property, Claude Richard will purchase OINs 217Y and 1094Y at a price of $5,000 per acre prior to May 1, 2024, subject to the reservation of a flowage easement and easement in favor of the District for a term of years; Claude Richard will accept fee ownership of all parcels subject to existing farmland leases; and Claude Richard will become the landlord/lessor under those leases and will be entitled to all rental payments due or owed under each lease and rental payments for 2023 will be credited at closing. • The Richards will lease the improvements on OIN 5002 and OIN 1093 from the District for $500 per month until 30 days’ written termination notice from the Richards or until December 30, 2024, whichever occurs sooner. • The District will reimburse the Richards for reasonable relocation costs and expenses in accordance with the Uniform Relocation Act for eligible expenses. • Ryan and Jessica Richard will have salvage rights for select personal property (three chandeliers, pantry door, appliances, and electric step-down transformers). • The District will reimburse the Richards for the costs of installing and providing propane service at the Richards’ new property, at an estimated cost of $450,000. • The District will reimburse the Richards for the costs of installing and providing natural gas service at Claude Richard’s existing farmstead, at an estimated cost of $40,000. • The District will be entitled to the $368,300 previously deposited with the district court. • The parties will stipulate to dismissal of the existing eminent domain action and the Richards will release any and all claims for additional compensation or just compensation related to the Diversion Project for property rights taken. • The District approves two RIMP loans for 6G Farms, LLC, as borrower in the total amount of $2,383,759, secured by a mortgage encumbering the property on which the replacement improvements are constructed. • The District will reimburse the Richards for reasonable attorneys’ fees, appraisal fees, engineering fees, and surveying fees for the new site, not to exceed $240,000. Manager Gust seconded the motion. Upon roll call vote, the motion carried unanimously. Chairman Olson asked if any members of the Board wished to offer any motions regarding the following matter: Lawrence G. Richard and Susan E. Richard, Trustees under the Lawrence & Susan Richard Living Trust, dated May 20, 2015, et al. (OINs 818, 1915, 1916, 1917, 1943, and 1945). Manager Weston moved to approve a settlement with the Lawrence & Susan Richard Living Trust as follows: • The Richards will convey fee simple ownership of 8.63 acres of OIN 818 (more specifically described as 818N1 and 818N2) to the Cass County Joint Water Resource District (the “District”) and in exchange the Richards would receive fee simple ownership on OIN 816Y1 and 817Y1 (approximately 4.13 acres).