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IP #956For the full report on this improvement project, refer to the City Council agenda packets and/or Planning Commission agenda packets. PROJECT NO. 956 9121 62nd Ave No EDA 15-03 03/09/15 Resolution approving purchase agreement for the acquisition of 9121 62n' Avenue North (project no. 956) 2015-118 07/27/15 Resolution approving and ratifying contracts for demol i tion- related work at 9121 62nd Avenue North (project no. 956) (hazardous material abatement and tree removal) EDA 15-10 08/24/15 Resolution approving contract with Nitti Rolloff Services, Inc. for the demolition and site grading of 9121 62nd Avenue North (improvement project no. 956) 2015-153 10/12/15 Resolution approving the purchase and redevelopment agreement with Novak -Fleck Incorporated for the sale of 9115 and 9121 62nd Avenue North (Improvement Project No. 956) WELL OR BORING LOCATION MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Boring H 329697 WELL AND BORING Sealing No. SEALING RECORD Minnesota Uni�ue Well No. County Name Hennepin Minnesota Statutes, Chapter 1031 or W_seges No Date Sealed Date well or Boring Constructed Township Name Township No. Range No, Section No. F,.ction(`sm.'-' 1g.) New Hope � 118 21 1 06 1 Nt NW NW 08/26/2015 Unknown GPS LOCATION - decimal degrees (to four decimal places) Depth Before Sealing 78 Original Depth—Unkn09M ft. Latitude__- Lnoilude -it. AQUIFER(S) ,, ��quifer i Multlaquifer X - STATIC WATER LEVEL F_jEstimated DateMeasured 08/26/2015 Numerical Street Address or Fire Number and C ty of Well or Boring Location 62nd WELLJBORIiii 9121 Avenue North XMeasured MN.- Sr,49.g Water -Supply Well Monit. Weil k-.. Env. Bore Hole Othar . .......... IS below above land surface j!��,1,1,qpe-, ("It" weil or boring - .1 lo in section grid with X location, sh win prop t rh d r N liftp\oads i CASINGTYPE(S) Steel I Plastic L Tile Other ,ion WELLHEAD COMPLETION :wnpop ... ... IN W NOY Outside: Well House At Grade Inside: Basement Offset Lj Buried Well Pit Pittess Adapter, Unit L -j i ilk lk I Buried well Pit Other I M.. i Other PROPERTY OWNER'S NAMEICOMPANY NAME CASING(S) City Qf Ne�q HQ X-. Diameter Depth Set in oversize hole? Annular space initially groited? Yes No No 3 in. from A Yes Unknown t--7 ".,e Property owner's rnw, ng address it diffetent than well location n "it o� n ildi,atad abo,a 4401 Xylon Avenue North -5-- --ft -j NeW Hope M 55428 in. from to�— -- it, Yes No Yes C] No Unknown in, ftom tc� ft. Yb s No Yes 17) No Unknown WELL OWN ER'S NAME, -'COMPANY NAME SCREENIOPEN HOLE Screen from 74 to 78 ft. Open Hole from_ Weil owners mailing ador@Sg if different than property owner's address inchcated above OBSTRUCTIONS I FiDds Drop Pipe ) Check Valve(s) i 7, Debris Fill X No Obstruction Type of Obstructions (Describe)__-_...,,_..--, Obstrucifons rernoved? f Yes 0 No Describe PUMP Type . 2 line- jPt pmp GEOLOGICAL MATERIAL COLOR I I HARDNESS OR FORMATION I FRO It not k own, indicate estimated tormation.og from nearby well or boring, Removed .'Nat Present Othe, METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE: No Annular Space Exists Annular Space Grouted with Tremie Pipe El casing Perforation �Removal in. from to- -ft, Perforated !Removed in. from- to . . . ...... .. ft. Perforated Removed Type of Perforator— tA N—C Was a variance granted from IhL MDII for this well? ;� Yes No TN# ,.nc. gnli, VW7;.'..A V.rE GROUTING MATERIAL(S) (One bag of cement = 94 lbs., one bag of bentonite 50 lbs.) Grouting Material-NMt.... CerMnt. . from .... . ..... 7-a, to- ,5 11. yards,- 3 bags from to - ft. yards_ bags from— to ft._ yards- bags OTHER WELLS AND BORINGS Other unsealed and unused well or boring on property? Ll Yes )0 No How many? REMARKS, SOURCE OF DATA, DIFFICULTIES IN SEALING LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Roles, Chapter 4725. The Information contained in this report is Iris to the best of my knowledge. i -,Mx ' inn Caipany A Licensee Bus" ANPNO License r aiji-stration No. 898 08/26/2015 Roesen 9 iiT '0 Wc;- Date Cc e griaturo �H 329697 Name 0fA",11n 9hWRAWPI.Pht HE -01434-14 IC# 140-0423 b'13R PURCHASE AND REDEVELOPMENT AGREEMENT This Purchase and Redevelopment Agreement ("Agreement") is made by and between NOVAK-FLECK INCORPORATED a Minnesota corporation ("Buyer") and the CITY OF NEW HOPE, MINNESOTA, a Minnesota municipal corporation ("Seller") effective October �A , 2015. In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Seller shall sell and Buyer shall purchase the vacant parcel of real property located in the City of New Hope at the property addresses of 9121 and 9115 62'd Avenue North, New Hope, Minnesota, and legally described as: Parcel A (9121 62 d Ave. N.): The West 90.00 feet of Lot 1, Block 1, Allan Hills 2'd Addition, Hennepin County, Minnesota. Parcel B (9115 62'd Ave. N.): That part of Lot 1, Block 1, Allan Hills 2 d Addition, Hennepin County, Minnesota lying East of the West 90.00 feet thereof, (Parcel A and Parcel B are collectively referred to herein as the "Property") 1. Purchase Price. The purchase price for the Property is One Hundred Twenty Thousand and No/100 Dollars ($120,000.00) (the "Purchase Price"), which Buyer shall pay as follows: an initial payment of Two Thousand and No/100 Dollars ($2,000.00) (the "Earnest Money"), which sum shall be paid to Seller upon Buyer and Seller's execution of this Agreement and One Hundred Eighteen Thousand and No/100 Dollars ($118,000.00) payable by wire, cashier's check or cash on the "Date of Closing", as that term is defined in paragraph 4 below. There are no items of personal property or fixtures included in this sale. 2. Title Conveyed. On the Date of Closing, Seller shall deliver a Quit Claim Deed (the "Deed") to Buyer conveying marketable title of record, free and clear of liens, encumbrances, assessments and restrictions, except for the "Permitted Encumbrances" set forth on Exhibit A and the restrictive covenants referenced below in paragraph 4.b. 3. Representations of Seller. Seller represents and agrees as follows: a. Seller owns the Property and has the right to sell the same, and that there are no unrecorded contracts, leases, easements or other agreements or claims of any third party affecting the use, title, occupancy or development of the Property, there are no parties other than Seller in possession of any portion of the Property, and no person, firm or entity has any right of refusal, option or other right to acquire all or any part of the Property. b. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. C. To the best of Seller's knowledge without inquiry there are no septic systems on the Property. A sealed well is located on Parcel B. Seller's knowledge of wells on the Property is disclosed in the well sealing record attached hereto as Exhibit B. d. Seller represents that it has the requisite power and authority to enter into and perform this Agreement and any Seller's Closing Documents signed by it. e. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. f. To the best of Seller's knowledge without inquiry, no above ground or underground tanks are located in or about the Property. 9- Seller makes no other warranties as to the condition of the Property. Seller agrees that any breach of Seller's forgoing representations shall be grounds for Buyer to terminate this Agreement. In the event of such termination, the Earnest Money shall be returned. Wherever herein a representation is made "to the best of Seller's knowledge," such representation is limited to the actual knowledge of the Mayor and/or City Manager of Seller. 4. Representations of Buyer. As an essential part of this Agreement and in order to induce Seller to enter into this Agreement and sell the Property, Buyer hereby represents to Seiler: SUBJECT TO THE FOREGOING REPRESENTATIONS BY SELLER, BUYER HEREBY ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION AS TO THE USE OF THE PROPERTY. Buyer understands and agrees that the Purchase Price is the fair market value of the Property in its "AS IS" condition. Buyer acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the homes described in paragraph 9 below. If the soil is determined to be unacceptable Buyer may rescind this Agreement by written notice to Seller, in which case the Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer. b. Buyer agrees the first sale of the two separate homes on the Property will be sold to owner -occupants. An "owner -occupant" shall be defined as an individual(s) that purchases each home from Buyer by warranty deed or a contract for deed and intending to reside in the respective home as a primary residence. To insure the intent of the parties that the homes constructed on the Property are both purchased by an owner -occupant, Buyer will record restrictive covenants and an assessment agreement against the Property prohibiting the leasing of the homes for a period of twelve (12) months after the sale of such homes by Buyer to an owner -occupant of each such home, respectively. The restrictive covenants and assessment agreement shall be substantially in the forin of the documents attached hereto as Exhibits C and D, respectively. Further, the restrictive covenants and assessment agreement shall provide that the City may levy a $20,000.00 assessment on the Property prior to its sale if either of the lots are not being sold to an owner -occupant. The City shall release the Property from these restrictive covenants and assessment agreements upon the issuance of a certificate of occupancy for the construction of the homes on the Property and upon the receipt by the City of an affidavit signed by Buyer and both owner -occupants verifying owner -occupants' intent to reside in the respective homes as their primary residences in compliance with the restrictive covenants described herein in the form attached as Exhibit C. C. Within one (1) year of Closing, Buyer shall complete the construction of the two separate single family homes on the Property (the Improvements). The Improvements must be consistent with all building and zoning requirements and the restrictive covenants applicable to the Property. The representations set forth inthis paragraph shall be incorporated into appropriate documents to be recorded against the Property (whether by declaration, restrictive covenants, or development agreement as hereinafter defined) subject to approval by Seller and Buyer as a condition of Closing. 5. Title Commitment and Policy. a. Seller shall deliver to Buyer a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by Home Title and covering title to the Property, in the amount of the Purchase Price. Buyer agrees to pay the costs associated with the preparation and issuance of the Commitment; Buyer shall pay the premium for the owner's policy, if any, and the lender's policy, if any, along with the price for any endorsements requested by Buyer or Buyer's lender. b. Buyer shall have fifteen (15) days after receipt of the Commitment to review and approve the title to the Property and to object to any exception to title that is disclosed in the Commitment or which is otherwise discovered by Buyer. In the event that Buyer does not within such fifteen (15) day period give notice to Seller objecting to any such exceptions, then all such exceptions shall be deemed approved and shall be considered a part of the Pennitted Encumbrances. If Buyer timely objects to an exception to title, then on or before the tenth (10) day following Buyer's notice of exception, Seller shall remove the exception or notify Buyer that Seller is unwilling or unable to remove the exception. Within five (5) days of any notice by Seller that Seller it is unable to remove an exception to title, Buyer may elect by notice to Seller to either: (i) terminate this Agreement, whereupon all of the Earnest Money shall be returned to Buyer and the parties shall be released from all further obligations hereunder except obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement; or (ii) elect to have this Agreement remain in effect, in which event Buyer will be deemed to have approved the previously -cited exception and the same shall be considered part of the Permitted Encumbrances. 6. Closing. a. Closing shall occur on or before October 30, 2015 (the "Date of Closing" or "Closing"), unless both parties agree, in writing, to an earlier or later time. b. Closing shall occur at Novak -Fleck Incorporated, 8857 Zealand Avenue North, Brooklyn Park, N4N 55445. C. Seller shall deliver at closing the following executed and acknowledged documents: (i) the Deed; (ii) affidavit(s) in industry -standard form(s) stating that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; Seller is not a foreign person or entity; and addressing such other matters as Buyer may reasonably require. 7. Payments/Prorations. At Closing, Seller shall pay the cost of recording any instrument (other than the Deed) necessary to place title in the condition required under this Agreement, State deed tax, and all special assessments levied, pending or constituting a lien against the Property as of the Date of Closing, including without limitation any installments of special assessments and interest payable with general real estate taxes in the year of closing. Seller will pay general real estate taxes payable in the year prior to the year of closing and all prior years. Buyer shall pay at Closing the cost of the owner's policy or lender's policy of title insurance (if any), sales tax (if any) resulting from the Closing, the fees required for recording the Deed, and Purchase and Redevelopment Agreement, and all customary closing fees charged by the Title Company or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. General real estate taxes payable in the year of closing shall be prorated by Seller and Buyer as of the closing date based upon a calendar year. Each party shall pay its own attorney's fees. 8. Post Closing Payment Regarding Connection to Water Main. Seller agrees to reimburse Buyer for actual costs incurred by Buyer associated with the new water service stub at Parcel B, not to exceed $3,500.00. Buyer shall submit to Seller proof of actual costs incurred relating to connecting the water line to Parcel B., and Seller will reimburse Buyer, in an amount not to exceed $3,500.00. 4 9. Condemnation. If, prior to the Date of Closing, all or any part of the Property shall be condemned by governmental or other lawful authority, Buyer shall have the option of (a) completing the purchase contemplated by this Agreement, in which event all condemnation proceeds or claims thereof shall be assigned to Buyer, or (b) canceling this Agreement, in which event the Earnest Money shall be refunded and this Agreement shall be terminated with neither party having any rights against or obligations to the other except rights or obligations under this Agreement which provide for continued exercise following__qlosing or cancellation or other termination of this Agreement, and Seller shall be entitled to any and all condemnation proceeds. 10. Construction of Homes. Buyer agrees that it will construct two new single family homes on the Property. This covenant shall survive the delivery of the Deed. The single family homes described in this paragraph are referred to as the "Minimum Improvements. b. The Minimum Improvements shall consist of two new single family homes, and shall be constructed substantially in accordance with the RFP Guidelines attached as Exhibit E and the proposal approved by Seller on 2015 attached as Exhibit F. C. Construction of the Minimum Improvements must be substantially completed within one (1) year following Closing. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of New Hope building inspector. d. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of Buyer to construct such Minimum Improvements (including the date for completion thereof), Seller will furnish Buyer with a Certificate of Completion for such improvements. Such certification by Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof. The certificate provided for in this paragraph of this Agreement shall be in such form as will enable it to be recorded in the Hennepin County Registrar of Title's Office and other instruments pertaining to the Property. If Seller shall refuse or fail to provide any certification in accordance with the provisions of this paragraph, Seller shall, within thirty (30) days after written request by Buyer, provide Buyer with a written statement, indicating in adequate detail in what respects Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of Seller for Buyer to take or perform in order to obtain such certification. e. Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (i) Buyer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of Seller's City Council. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable Buyer or any successor in interest to the Property, or any part thereof, to construct the Minimum Improvements or component thereof. (ii) If Buyer seeks to effect a Transfer prior to issuance of the Certificate of Completion, Seller shall be entitled to require as conditions to such Transfer that: (1) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by Buyer as to the portion of the Property to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to Seller and in form recordable in the public land records of Hennepin County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of Seller, have expressly assumed all of the obligations of Buyer under this Agreement as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which Buyer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by Seller) deprive Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity 6 and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by Seller to the contrary, no such transfer or approval by Seller thereof shall be deemed to relieve Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subparagraph e. shall be in a form reasonably satisfactory to Seller. (iii) If the conditions described in paragraph (2) above are satisfied then the Transfer will be approved and Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (iii) apply to all subsequent transferors. (iv) Upon issuance of the Certificate of Completion, Buyer may transfer or assign the Minimum Improvements and/or Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of Seller. Buyer agrees that (a) it will use the Minimum Improvements only two separate single family, owner -occupied homes, (b) it will not seek exemption from real estate taxes on the Property under State law, and (c) it will not transfer or permit transfer of the Property to any entity whose ownership or operation of the property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of New Hope or Seller in accordance with this Agreement). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Improvements, and shall remain in effect for at least 30 years after the Date of Closing. 9. Buyer shall comply with all recommendations of the City Engineer. h. Buyer's construction plans shall be approved by the City Building Official. 7 11. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or any part thereof to Buyer and prior to receipt by Buyer of the Certificate of Completion of the Minimum Improvements, Buyer fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from Seller to Buyer to do so, then Seller shall have the right to re- enter and take possession of the Property and to terminate (and revert in Seller) the estate conveyed by the Deed to Buyer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of Buyer and failure on the part of Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, Seller at its option may declare a ten-nination in favor of Seller of the title, and of all the rights and interests in and to the Property conveyed to Buyer, and that such title and all rights and interests of Buyer, and any assigns or successors in interest to and in the Property, shall revert to Seller, but only if the events stated in this paragraph have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this paragraph, Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. 12. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in Seller of title to and/or possession of the Property or any part thereof as provided in paragraph 10, Seller shall apply the Purchase Price paid by Buyer under paragraph I of this Agreement as follows: a. First, to reimburse Seller for all costs and expenses incurred by Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by Seller from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part 8 thereof on the Property or part thereof; and any amounts otherwise owing Seller by the Buyer and its successor or transferee; and b. Second, to reimburse Buyer for the balance of the Purchase Price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to the Buyer upon delivery of an executed, recordable warranty deed to the Property by the Buyer to Seller. 13. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two (2) business days after depositing of the same in the mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery. Any party shall have the right to designate any other address or facsimile number for notice purposes by written notice to the other party in the manner aforesaid. The addresses of the parties are as follows: SELLER: City of New Hope Kirk McDonald, City Manager 4401 Xylon Avenue North New Hope, MN 55428-4898 with copy to: Stacy A. Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 BUYER: NOVAK-FLECK INCORPORATED 8857 Zealand Avenue North Brooklyn Park, NIN 55445-1895 with copy to: 14. No Broker Involved. Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 15. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer as provided by law. If Buyer fails to cure such default as provided by law, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money and neither party shall have any rights or obligations against the other except rights or obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement. If Seller defaults under this Agreement, Buyer's only remedy shall be to terminate the Agreement and recover the Earnest Money paid to Seller. Buyer shall not have any right to the remedy of specific performance 16. Assign ment/Proh ibition Against Transfer of Property. Buyer may not assign its rights and obligations hereunder without the prior written consent of Seller, which consent may be granted or withheld by Seller in its sole discretion. 17. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. No amendment of this Agreement shall be valid or binding unless executed by authorized representatives of both Seller and Buyer. The headings and captions of this Agreement are for the convenience of the parties only and shall not be looked to. in the interpretation or enforcement of this Agreement. Seller and Buyer acknowledge and agree that each has had opportunity to participate in the drafting of this Agreement and accordingly acknowledge and agree that this Agreement as a whole and each of is clauses are not to be interpreted in favor of or against either party. This Agreement may be signed in counterpart, with each copy of the Agreement binding upon the signing party at the time of signing and together which shall constitute a single document. 18. Survival. The Parties representations contained herein shall survive the delivery of the Deed. 10 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). SELLER: BUYER: CITY OF NEW HOPE NOVAK-FLEC LO T ZED By: gt�:k By: Kat4 Hernken Its: Its: Mayor Dated: OctobeK/ f, 2015 By: Kirk McDonald Its: City Manager Dated: October�/�, 2015 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Dated: Octoberal 2015 The foregoing instrument was acknowledged before me this /Y day of October 2015, by Kathi Hernken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on b7 municipal corporation. e�7� Notary Public VALERIELEONE NOTARY PUBUC - MINNESOTA m �W y wff�wion E)pres Jan. 31,2020 I I STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 0� of October 2015, by Richard Novak, the President of Novak -Fleck Incorporated, a Minnesota corporation on behalf of the corporation. CANDICE L. JOHNSON Notary Public -Minnesota My CmIrrilssion Expires Jan 31, 2020 NAM A A AMA A A A A A ftAWt4�VVVVVVV�VVVWV~1 DRAFTED B Y: Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, NIN 55443 (763) 424-8811 12 nt ry PiTbrij Exhibit A Permitted Encumbrances 1. Restrictions, reservations, covenants and easements relating to use or improvement of the Property without effective forfeiture provisions of record on the Effective Date; 2. Building and zoning laws, ordinances, city, state and federal regulations; 3. Governmental regulations, if any, affecting the use and occupancy of the Property; 4. All rights in public highways upon the land; 5. Easements for public rights-of-way and public and private utilities, which do not interfere with present improvements; 6. Reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions of the Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real estate taxes. The lien of unpaid special assessments, if any, not presently payable but to be paid as a part of the annual taxes to become due; 8. The lien of unpaid real estate taxes, if any, not presently payable but to be paid as part of the annual taxes to become due. 13 Exhibit B Well Sealing Record See attached. 14 steel Ej Plastic L- Tile Othor�— Trot ------- WELLHEAD COMPLETION W Outside: F.7W61 House At Grade Inside; Basement Offset 7 Pitless Adepter;Unit Buried well Pit Buried Kwell m Other I We Other PROPERTY OWNERS NAMEJtOMPANY NAME CASING(S) r'i f- Qf NeW W— Diameter Depth Set in oversize holar? Annular space initially grouted'! Property owner's mail.ing addre P01"I'l *tlan wag local'on address iriclicated alime 3 , in. hurn to. --7A— ft. Yes No Yes No , Unlirrown 4401 Xylon Avenue North JK New Hope M 55428 in. from tcL---_... It, 0 Yes D No Yes f7, No Unknown No Unknown Yes ...... . . . . ....... . in. from ... . ...... to Yes -.,7 No WELL OWNER'S NAME COMPANY NAME A m,,ar's rrviling address it d"eirent nar. pro;erty owner's address jr.d:Cated Screen Ir.m74 — to 78—�ft. ope,. Hole from to ft. OBSTRUCTIONS . Rod&Drop Pipe ED Check Valve(s) 0 Debris Fill K No Obstruction ..... . ....... Type of Obstructions (Describe!------ .... ............ . ............... . . ....... . ........ --- GEOLOGICAL MATERIAL COLOR FROM Obstructions removed? Yes No Describe PUMP not known, indicate estirnatud formation log from nearby we,; or boring. 2 line Type -q:�Ot. J--- - -- � - — I - . — X Removed Not Present Other METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLEz No Annular Space Exists Annuiar Space G,culed with Tremie Pipe C J Casing Perforation/Removial in. from— t ft, j Perforated U Removed ..... . in-ftom . . . ........ —.to . .... . ft -d I Perforatis Remolved Type Of Perforator VARIANCE Was a variance granted from the MDH for this well? L -j Yes X, No TN4 GROUTING MATERIAL(S) (One bag of cement 94 Ilos., one bag at bentonite - 50 lbs.) Grouting Material Neat ceserit from 78 —5, it.— yarda--3- bags from to ft. yards.._._ bags from— tq_ ft, yards___ bags OTHER WELLS AND BORINGS SOURCE OF DATA, DIFFICULTIES IN SEALING Other unsealed and unused well or boring on proparf Ll Yes )el No Hnw many?—. --- LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725. Theinformstion contained in thls report is true to the best of riny knowledge. 898 - 08/26/2015, CerftNed Rep. No. Date H 11 9 61, 9 7 No. 15 140-0423 51,138 MINNESOTA DEPARTMENT OF HEALTH Minnesota Well and Baring Sealing No. WELL AND BORING SEALING RECORD Minaesot.a Un.lque Well No. Minnesota Statutes, Chapter 1031 Or N H 329697 WELL OR BORING LOC County Name Henmpin rownship Name Ne TownshipNo. 1 118 Range No, 121 Section No. 06 Fraction (sm. - Ig.) A NW W Date Sealed 08/26/2015 'Date 'Nall or Boring Corstructed unkxXm GPS LOCATION - decimal degrees (to 'our decimal places) Latitude Longitude---___ Depth Before Safing-18 _11. AQUIFER(S) ingle Aquifer S M.Itiaquitar Original. Depth primmm ft, STATIC WATER LEVEL Measured L --'Estimated Date Measuredi 08/;�6/201 5 26 Xbelaw '�abavp land surface L-2 I er of Wall or Boring Location Numerical Street Address " Fire Numb and Q 9121 62nd AVenue N� a�Mrlki M 5 r, 4 28 WFLILIBORING X Water -Supply Weil Monit, vie, Hole !—i Env. Rare Other ,,on of well or boring 1, , , , �,, g ty in section qrld with -X.7 location, showinq oroper steel Ej Plastic L- Tile Othor�— Trot ------- WELLHEAD COMPLETION W Outside: F.7W61 House At Grade Inside; Basement Offset 7 Pitless Adepter;Unit Buried well Pit Buried Kwell m Other I We Other PROPERTY OWNERS NAMEJtOMPANY NAME CASING(S) r'i f- Qf NeW W— Diameter Depth Set in oversize holar? Annular space initially grouted'! Property owner's mail.ing addre P01"I'l *tlan wag local'on address iriclicated alime 3 , in. hurn to. --7A— ft. Yes No Yes No , Unlirrown 4401 Xylon Avenue North JK New Hope M 55428 in. from tcL---_... It, 0 Yes D No Yes f7, No Unknown No Unknown Yes ...... . . . . ....... . in. from ... . ...... to Yes -.,7 No WELL OWNER'S NAME COMPANY NAME A m,,ar's rrviling address it d"eirent nar. pro;erty owner's address jr.d:Cated Screen Ir.m74 — to 78—�ft. ope,. Hole from to ft. OBSTRUCTIONS . Rod&Drop Pipe ED Check Valve(s) 0 Debris Fill K No Obstruction ..... . ....... Type of Obstructions (Describe!------ .... ............ . ............... . . ....... . ........ --- GEOLOGICAL MATERIAL COLOR FROM Obstructions removed? Yes No Describe PUMP not known, indicate estirnatud formation log from nearby we,; or boring. 2 line Type -q:�Ot. J--- - -- � - — I - . — X Removed Not Present Other METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLEz No Annular Space Exists Annuiar Space G,culed with Tremie Pipe C J Casing Perforation/Removial in. from— t ft, j Perforated U Removed ..... . in-ftom . . . ........ —.to . .... . ft -d I Perforatis Remolved Type Of Perforator VARIANCE Was a variance granted from the MDH for this well? L -j Yes X, No TN4 GROUTING MATERIAL(S) (One bag of cement 94 Ilos., one bag at bentonite - 50 lbs.) Grouting Material Neat ceserit from 78 —5, it.— yarda--3- bags from to ft. yards.._._ bags from— tq_ ft, yards___ bags OTHER WELLS AND BORINGS SOURCE OF DATA, DIFFICULTIES IN SEALING Other unsealed and unused well or boring on proparf Ll Yes )el No Hnw many?—. --- LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725. Theinformstion contained in thls report is true to the best of riny knowledge. 898 - 08/26/2015, CerftNed Rep. No. Date H 11 9 61, 9 7 No. 15 140-0423 51,138 Exhibit C Restrictive Covenants See attached. IN RESTRICTIVE COVENANTS THESE RESTRICTIVE COVENANTS ("Agreement") dated effective the /,� day of October, 2015, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between the City and Novak -Fleck dated effective October,4a, 2015 ("Purchase Agreement"), Novak - Fleck purchased the real property located at 9121 &P6 Avenue North in the City of New Hope from Cit , which property is legally described as The West 90.00 feet of Lot 1, Block 1, Allan Hills �1-7 Addition, Hennepin County, Minnesota ("Property") which purchase closed on October , 2015; and WHEREAS, Novak -Fleck has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Novak -Fleck have agreed Novak -Fleck shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Novak -Fleck have agreed the City may levy a $20,000.00 assessment against the Property prior to Novak -Fleck's sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment; and WHEREAS, compliance with the restrictions imposed by this Agreement are additional consideration for the sale of the Property to Novak -Fleck. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Novak -Fleck agrees as follows: AGREEMENT 1. Restrictive Covenants. Novak -Fleck hereby covenants and agrees with the City that the Property is restricted by the following covenants: a) The initial conveyance of the residential dwelling ("Dwelling") constructed upon the Property will be only to "Owner-occupant(s)". "Owner -occupant" is defined as an individual that purchases the Property from Novak -Fleck with a bona fide intent to reside in the Dwelling as a primary residence; and b) The Dwelling constructed on the Property shall be occupied only by the Owner - occupant, and/or by the "Immediate Family Member(s)" of the Owner -occupant for a period of twelve (12) consecutive months commencing on the date of initial conveyance to an Owner -occupant. "Immediate Family Member" shall only mean a parent, step-parent, child, step -child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. Relationship may be by blood or marriage. 2. Release of Restrictions. The Property will be released from the restrictions imposed by this Agreement as follows: a) Upon the issuance of a Certificate of Occupancy for a Dwelling constructed upon the Property and receipt by the City of an Affidavit signed by Novak -Fleck and the Owner -occupant verifying the Owner -occupant's intent to occupy the Dwelling as a primary residence the Property shall be released from the restriction stated in paragraph I (a) above. b) The Property shall be released from the restriction of paragraph I (b) above on the one (1) year anniversary of the date the Property was conveyed in compliance with paragraph I (a). 3. Waiver by City. Notwithstanding the restrictions stated above, the City may waive the restrictions stated above upon a finding of hardship or other extenuating circumstances sufficient to justify the waiver in its sole discretion. 4. Amement to Assessment. Novak -Fleck acknowledges and agrees the City of New Hope may levy a $20,000.00 assessment against the Property if: (a) the Property is not improved with a single family house on or before October _, 2016; and/or (b) if Novak -Fleck sells the Property with the completed home to a non -owner -occupant in violation of paragraph I (a) above. Further, Novak -Fleck agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 5. Waiver by Novak -Fleck. Novak -Fleck expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Agreement or any 2 claim that the amount thereof levied against the Property is excessive, together with all rights to appeal the assessment in the courts. 6. Additional Remedies. It is further understood that if Novak -Fleck or an Owner - occupant should breach their respective obligations under this Agreement, the City will suffer irrevocable hann from which a recovery of money damages would be an inadequate remedy. It is therefore agreed that the City shall be entitled, as a matter of right, in any Court of competent jurisdiction to a mandatory injunction restraining and enjoining pending litigation, as well as upon final determination thereof, from attempting to violate or violating this Agreement. It is further agreed that the City's rights to such injunctive relief shall be cumulative with and in addition to any other rights, remedies or actions which the City may have. 7. Novak -Fleck's Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Novak -Fleck or any parent subsidiary or successor of Novak -Fleck; b) Merger whereby Novak -Fleck (or such parent subsidiary or successor of Novak - Fleck) is not the surviving or resulting entity; or C) Any transfer of all or substantially all of the assets of Novak -Fleck. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall inure to the benefit of and shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 8. Runnin$! of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens run with the land and are binding upon and shall inure to the benefit of the assigns and successors of the parties to this Agreement, such that the provisions of this Agreement shall restrict the Property, and subdivision thereof, notwithstanding any sale or transfer of the Property or any subdivision thereof to a third party. 9. Notices . Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the City: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, MN 55428 kincdonaldAci.new-hope.nin.us 3 If to Novak -Fleck: Novak -Fleck Incorporated Attn: Richard Novak 8857 Zealand Avenue North Brooklyn Park, MN 55445-1895 10. Governing Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 11. Cumulative Ri2hts. Each and all of the various rights, power and remedies of the City in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. 12. Amendment. This Agreement may be modified or amended only by a written instrument executed by Novak -Fleck and the City. IN AGREEMENT, the parties have executed these Restrictive Covenants effective the day and year first above -written. CITY OF NEW �OPE f By: 4XL Kathi Hernken Its: Mayor Dated: .12015 By: Kirk McDonald Its: City.Manager Dated: Oct 12015 4 NOVAK-FLECK INCORPORATED go 13�6hard Novak Its: President WIM 0 pe WL STATE OF MINNESOTA Iss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this /Y day of October, 2015, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation. (Notary Public Seal) Es - E Notary Public VALERIELEONE NOTAN KWC - MWNWEMTA 1. 9% ja *MYCWd"MEVftJM31,20M STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 1_*dkay of October, 2015, by Richard Novak, the President of Novak -Fleck Incorporated, a Minnesota corporation, on behalf of said corporation. (Notary Public Seal) CANDICE L. JOHNSON Notarojslic Notary PublIc-Minnesota My commjwW Expires Jan 31, 2D20 Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, NIN 55443 (763) 424-8811 P:\Attomey\SAS\ I Client Files\2 City of New Hope\9 9-113 82 (purchase of 9121 62nd Ave. N.)\Restrictive Covenant - Parcel A. doc RESTRICTIVE COVENANTS THESE RESTRICTIVE COVENANTS ("Agreement") dated effective the /,� day of October, 2015, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between the City and Novak -Fleck dated effective October -42, 2015 ("Purchase Agreement"), Novak - Fleck purchased the real property located at 9115 62' Avenue North, in the City of New Hope from City, which property is legally described as That part of Lot 1, Block 1, Allan Hills 2'd Addition, Hennepin County, Minnesota lying East of the West 90.00 feet thereof ("Property") which purchase closed on October , 2015; and WHEREAS, Novak -Fleck has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Novak -Fleck have agreed Novak -Fleck shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Novak -Fleck have agreed the City may levy a $20,000.00 assessment against the Property prior to Novak -Fleck's sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment; and WHEREAS, compliance with the restrictions imposed by this Agreement is additional consideration for the sale of the Property to Novak -Fleck. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Novak -Fleck agrees as follows: AGR-EEMENT 1. Restrictive Covenants. Novak -Fleck hereby covenants and agrees with the City that the Property is restricted by the following covenants: a) The initial conveyance of the residential dwelling ("Dwelling") constructed upon the Property will be only to "Owner-occupant(s)". "Owner -occupant" is defined as an individual that purchases the Property from Novak -Fleck with a bona fide intent to reside in the Dwelling as a primary residence; and b) The Dwelling constructed on the Property shall be occupied only by the Owner - occupant, and/or by the "Immediate Family Member(s)" of the Owner -occupant for a period of twelve (12) consecutive months commencing on the date of initial conveyance to an Owner -occupant. "Immediate Family Member" shall only mean a parent, step-parent, child, step -child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. Relationship may be by blood or marriage. 2. Release of Restrictions, The Property will be released from the restrictions imposed by this Agreement as follows: a) Upon the issuance of a Certificate of Occupancy for a Dwelling constructed upon the Property and receipt by the City of an Affidavit signed by Novak -Fleck and the Owner -occupant verifying the Owner -occupant's intent to occupy the Dwelling as a primary residence the Property shall be released from the restriction stated in paragraph I (a) above. b) The Property shall be released from the restriction of paragraph I (b) above on the one (1) year anniversary of the date the Property was conveyed in compliance with paragraph I (a). 3. Waiver by City. Notwithstanding the restrictions stated above, the City may waive the restrictions stated above upon a finding of hardship or other extenuating circumstances sufficient to justify the waiver in its sole discretion. 4. Agreement to Assessment. Novak -Fleck acknowledges and agrees the City of New Hope may levy a $20,000.00 assessment against the Property if: (a) the Property is not improved with a single family house on or before October , 2016; and/or (b) if Novak -Fleck sells the Property with the completed home to a non -owner -occupant in violation of paragraph l(a) above. Further, Novak -Fleck agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 5. Waiver by Novak -Fleck. Novak -Fleck expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Agreement or any 2 claim that the amount thereof levied against the Property is excessive, together with all rights to appeal the assessment in the courts. 6. Additional Remedies. It is further understood that if Novak -Fleck or an Owner - occupant should breach their respective obligations under this Agreement, the City will suffer irrevocable hann from which a recovery of money damages would be an inadequate remedy. It is therefore agreed that the City shall be entitled, as a matter of right, in any Court of competent jurisdiction to a mandatory injunction restraining and enjoining pending litigation, as well as upon final determination thereof, from attempting to violate or violating this Agreement. It is further agreed that the City's rights to such injunctive relief shall be cumulative with and in addition to any other rights, remedies or actions which the City may have. 7. Novak -Fleck's Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Novak -Fleck or any parent subsidiary or successor of Novak -Fleck; b) Merger whereby Novak -Fleck (or such parent subsidiary or successor of Novak - Fleck) is not the surviving or resulting entity; or C) Any transfer of all or substantially all of the assets of Novak -Fleck. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall inure to the benefit of and shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 8. Runnin2 of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens run with the land and are binding upon and shall inure to the benefit of the assigns and successors of the parties to this Agreement, such that the provisions of this Agreement shall restrict the Property, and subdivision thereof, notwithstanding any sale or transfer of the Property or any subdivision thereof to a third party. 9. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the City: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, NIN 55428 kmcdonaldg -hope.mn.us ,ci.new 3 If to Novak -Fleck: Novak -Fleck Incorporated Attn: Richard Novak 8857 Zealand Avenue North Brooklyn Park, NIN 55445-1895 10. Governin2 Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 11. Cumulative Ri2hts. Each and all of the various rights, power and remedies of the City in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. 12. Amendment. This Agreement may be modified or amended only by a written instrument executed by Novak -Fleck and the City. IN AGREEMENT, the parties have executed these Restrictive Covenants effective the day and year first above -written. CITY OF N7 _1E By: Kathi Hefmken Its: Mayor Dated: (6�� /Y 2015 an rX Kirk McDonald Its: City Manager Dated: A' -t /�;- 2015 a] NOVAK-FLECK INCORPORATED By: R:2ard 4Noval' Jts- President DatedUkba&,�-o15 STATE OF MINNESOTA Iss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 15 day of October, 2015, by Kathi Hernken and Kirk McDonald, the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation. ibe Maio I =Ulm VALERIE LEONE gotdry Public 'NN NOTARY PUBUC - M MNESOTA NOT' *wk*nE*WJarL31,= ffMy::______ - - STATE OF MINNESOTA I ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me thist 0 day of October, 2015, by Richard Novak, the President of Novak -Fleck Incorporated, a Minnesota corporation, on behalf of said corporation. CANDICE L. JOHNSON �tyPublic 0 f_y P Notary Public-2nnesota my I,w J_ 0 201 My CWnl"IM Elp4lree � 3SIO20M Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 P:�Attorney\SASU Client Files\2 City ofNew Hope\99-11382 (purchase of 9121 62nd Ave. N.)\Restrictive Covenant - Parcel B.doc Exhibit D Assessment Agreement See attached. 16 ASSESSMENT AGREEMENT THIS AGREEMENT dated as of the /A day of October, 2015, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between City and Novak -Fleck dated effective October/.� , 2015 ("Purchase Agreement") Novak -Fleck purchased the real property located at 9121 Q�Avenue North in the City of New Hope from City, which property is legally described as The West 90.00 feet of Lot 1, Block 1, Allan Hills 2 nd Addition, County, Minnesota ("Property") with a closing on October _, 2015; and WHEREAS, Novak -Fleck has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Novak -Fleck have agreed Novak -Fleck shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Novak -Fleck have further agreed the City may levy a $20,000.00 assessment against the Property prior to Novak -Fleck's sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment. AGREEMENT 1. Completion of Proeect. Novak -Fleck hereby covenants and agrees with the City that the new home on the Property shall be fully completed on or before October _, 2016. Fully completed shall mean the Property shall be improved with a new single family house. 2. Agreement to Assessment. Novak -Fleck acknowledges and agrees the City of New Hope may levy a $20,000.00 assessment against the Property if: (a) the Property is not improved with a single family house on or before October _, 2016; and/or (b) if Novak -Fleck sells the Property with the completed home to a non -owner -occupant. Further, Novak -Fleck agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 3. Waiver by NOVAK-FLECK. Novak -Fleck expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Assessment Agreement or any claim that the amount thereof levied against any Lot is excessive, together with all rights to appeal the assessment in the courts. 4. NOVAK-FLECK's Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Novak -Fleck or any parent subsidiary or successor of Novak -Fleck; b) Merger whereby Novak -Fleck (or such parent subsidiary or successor of Novak - Fleck) is not the surviving or resulting entity; or C) Any transfer of all or substantially all of the assets of Novak -Fleck. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 5. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the CITY: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, NIN 55428-4898 kmcdonald@ci.new-hope.mn.us If to NOVAK-FLECK: Novak -Fleck Incorporated Attn: Richard Novak 8857 Zealand Avenue North Brooklyn Park, NIN 55445-1895 6. 'Governing Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 2 7. Cumulative Rip_hts. Each and all of the various rights, power and remedies of the City in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of the City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. 8. Amendment. This Agreement may be modified or amended only by a written instrument executed by Novak -Fleck and the City. IN AGREEMENT, the parties have executed this Restrictive Covenant effective the day and year first above -written. CITY OF NEW HOPE By: Kat i Hdmken Its: Mayor Dated: Oc ber 2015 rN "I By: Kirk McDonald Its: City Manager Dated: October /,5— , 2015 STATE OF MINNESOTA Iss. COUNTY OF HENNEPIN NOVAK-FLECK INCORPORATED By: Its: President Dated: October A?j��2015 The foregoing instrument was acknowledged before me this /�__ day of October, 2015, by Kathi Heinken and Kirk McDonald, the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation. nrxL 6;., 4�1� VALERIE LEONE Notary Public NOTARY PUBUC - MINNESOTA My CommiSSion E*res Jan. 31, 2NO STATE OF MINNESOTA I ss. COUNTY OF HENNEPIN The f . trument was acknowledged before me this 1#1y of October, 2015, 'or byQI'lott Nr NAN A% "I u_Q U1.5- the President of Novak -Fleck Incorporated, a Minnesota corporation, on behalf of said corporation. CANDICE L. JOHNSON N(j Public '. 0 0 ota= ZP es otary Public -Minnesota :N ublh-_��Inn ota M y issw E is, 31 = y CommIssim Expires J%n 31,,202o Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, NIN 55443 (763) 424-8811 P:\Attomey\SAS\l Client Files\2 City ofNew Hope\99-11382 (purchase of9121 62nd Ave. N.)\Assessment Agreement - Parcel A.doc .19 ASSESSMENT AGREEMENT THIS AGREEMENT dated as of the /� day of October, 2015, by and between the City of New Hope, a Minnesota municipal corp�r_ation ("City") and Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between City and Novak -Fleck dated effective October /a?, 2015 ("Purchase Agreement") Novak -Fleck purchased the real property located at 9115 6��Avenue North in the City of New Hope from City, which property is legally described as That part of Lot 1, Block 1, Allan Hills 2 d Addition, County, Minnesota lying East of the West 90.00 feet thereof ("Property") with a closing on October 1 2015; and WHEREAS, Novak -Fleck has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Novak -Fleck have agreed Novak -Fleck shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Novak -Fleck have further agreed the City may levy a $20,000.00 assessment against the Property prior to Novak -Fleck's sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment. AGREEMENT 1. Completion of Proiec . Novak -Fleck hereby covenants and agrees with the City that the new home on the Property shall be fully completed on or before October , 2016. Fully completed shall mean the Property shall be improved with a new single family house. 2. Agreement to Assessment. Novak -Fleck acknowledges and agrees the City of New Hope may levy a $20,000.00 assessment against the Property if. (a) the Property is not improved with a single family house on or before October _, 2016; and/or (b) if Novak -Fleck sells the Property with the completed home to a non -owner -occupant. Further, Novak -Fleck agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 3. Waiver by NOVAK-FLECK. Novak -Fleck expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Assessment Agreement or any claim that the amount thereof levied against any Lot is excessive, together with all rights to appeal the assessment in the courts. 4. NOVAK-FLECK's Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Novak -Fleck or any parent subsidiary or successor of Novak -Fleck; b) Merger whereby Novak -Fleck (or such parent subsidiary or successor of Novak - Fleck) is not the surviving or resulting entity; or C) Any transfer of all or substantially all of the assets of Novak -Fleck. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 5. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the CITY: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, NIN 55428-4898 kmcdonald@ci.new-hope.mn.us If to NOVAK-FLECK: Novak -Fleck Incorporated Attn: Richard Novak 8857 Zealand Avenue North Brooklyn Park, MN 55445-1895 2 6. Governina Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 7. Cumulative Rights. Each and all of the various rights, power and remedies of the City 7 - in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of the City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. 8. Amendment. This Agreement may be modified or amended only by a written instrument executed by Novak -Fleck and the City. IN AGREEMENT, the parties have executed this Restrictive Covenant effective the day and year first above -written. CITY OF NEW HO E By: Kathi Hem'ken Its: Mayor Dated: October 2015 By: Kirk McDonald Its: City Manager Dated: October/ -5- , 2015 3 NOVAK-FLECK INCORPORATED By: Its: President Dated: OctobeRl_�2015 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this /j—day of October, 2015, by Kathi Hernken and Kirk McDonald, the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation. (Notary Public Seal)_ VALMIE LEONE Notary Public N :7 r OTARY PUBUC - MINNESOTA mu My Comfimion Expims Jan. 31,2020 STATE OF MINNESOTA I ss. COUNTY OF HENNEPIN h f t ument was acknowledged before me this 0- day of October, 2015, by the President of Novak -Fleck Incorporated, a Minnesota corporation, on behalf of said corporation. ZXAd&WUWAM11A1 Qgel"�; CANDICE L. JOHNSON Niojtry Public Notary Public -Minnesota My Commission Expires Jan 31, 2020 N A A A A 0A%AANrVVVVVYVVVWVVVVVVV%F1 Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 P:\Attomey\SAS\l Client Files\2 City ofNew Hope\99-11382 (purchase of 9121 62nd Ave. N.)\Assessment Agreement - Parcel B.doc 4 Exhibit E Request for Proposal ("RFP") Guidelines See attached. 17 City of New Hope 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5114 1 Fax: 763-531-5136 Exhibit E ci.new-hope.mn.us I C\H�, The City of New Hope is requesting proposals from builders to purchase two vacant lots located at 9115 and 9121 62nd Avenue North, for the construction of two new single family homes. The lots are being offered as part of the City's Scattered Site Housing Program that focuses on the removal or rehabilitation of distressed properties. The site was the former location of a vacant home that was razed by the City of New Hope. Enclosed, please find the Proposal Form and Guidelines for making a proposal. To receive consideration, proposals must be submitted on a completed Proposal Form and the required attachments and additional information must be included. Incomplete proposals will not be considered. Proposals may be submitted at any time; the first qualifying proposal received will be presented to the City Council, unless the lot has been optioned by another builder. If you have questions about the RFP process or the enclosed Guidelines, please contact Aaron Chirpich in the Community Development Department at the City of New Hope, 763-531-5114 or achirpich@ci.new-hope.=.us Thank you for your interest! Regards, Aaron Chirpich Community Development Specialist General Notes: The City considers proposals on a "first come, first served basis. This means that the first proposal offering to buy the lots at list price and build houses meeting City guidelines will be presented to the City Council for consideration. The City retains absolute discretion in deciding whether to accept any particular proposal. 2. Proposals must be submitted by state -licensed builders who have built at least three houses in Minnesota in the last five years, or have equivalent experience acceptable to the City. The house may be built speculatively or for a specific buyer. 3. The City is interested in proposals that will generate the highest value home possible. The new homes must be owner -occupied, single family homes. Owner occupancy restrictions will be documented in the development agreement and secured with a recorded restrictive covenant. The occupancy requirement shall apply to the first buyer only and shall last for a period of one year. Full details regarding the legal language of this requirement are available upon request. 4. Builders may purchase a 6 month option on the lots while working to develop plans for the property. The option fee is $500, and may be renewed for an additional 3 months for an additional $500. Any option fees may be applied to the purchase price of the lots. 5. No preferred home style has been determined. However, preference will be given to proposals that include high quality exterior materials and upgraded amenities. 6. Following proposal approval by the City Council, selected builders will be asked to enter into a purchase and development agreement within 15 days. This agreement will address the sale of the lot and secure all applicable development and performance standards outlined in the proposal guidelines. At the time of this agreement the builder must submit a $2,000 nonrefundable earnest money deposit. Once the purchase and development agreement have been completed, final approval by resolution will take place at the next regularly scheduled City Council meeting. The closing on the purchase of the lot must take place within 60 days of final City Council approval. 7. Preference will be given to builders that are interested in multiple City owned lots. Construction of the new house must be completed within one year of closing on the purchase of the lots. Specifications: 1. Utilities a) All utility service lines shall be underground. Utilities may locate necessary facilities such as pedestals or boxes in the street right-of-way or utility and drainage easements. b) Any expenses for connection of the houses to private utilities shall be the responsibility of the builder, including any necessary landscaping, sidewalk, curb or pavement work. c) Municipal water is available along 62nd Avenue. The demolition contractor has terminated the water line for the west lot at the sidewalk. There is no current water service stub for the east lot. The builder will have to connect a new line to the main located in the street. The city will reimburse actual costs up to $3,500 to make this connection. d) Municipal sanitary sewer is available along 62nd Avenue, and the main is located in the boulevard, as such the city considers both lots to have sanitary services into the lots. Builder shall install new sewer lines from the homes directly to the main - 2. Building Standards and Design Guidelines a) All site improvements shall comply with the New Hope City Code. b) The houses shall have at least three finished bedrooms and two finished bathrooms each. c) The houses shall have an attached garage that will accommodate a minimum of two vehicles. d) The design should emphasize the front door as the focal point for the front of the house. A large and usable front porch is desired. Garage door dominance in design should be minimized as much as possible, such as by using separate doors for each stall. Specifications: e) Plans should present a balanced and pleasing distribution of wall and window areas from all views. Blank walls are not permitted. To the extent that southern exposures are present, house designs are expected to enhance wintertime natural light and passive solar heating. f ) No equipment such as air-conditioning cooling structures or condensers that generate noise shall be located within a side setback, drainage and utility easement. g) Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stucco is preferred. Vinyl or other low maintenance siding materials are generally acceptable and can be made more desirable through the use of shakes, fish scales or other styles to break up the pattern. Hardboard panels or hardboard lap siding are not acceptable. 3. Landscaping a) The lots shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining property. The lot area remaining after providing for off-street parking, sidewalks, driveways, buildings, and other requirements shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping. b) A minimum of two large -species deciduous shade trees shall be planted in the front yard of each home. A minimum of one large -species deciduous shade tree shall be planted in the rear yard of each home. c) Species, size and specific location of all new trees must be approved by the City Forester. Builder must submit a planting plan to the City Forester for review and approval prior to planting. 4. Builder Selection Criteria a) Builder must a licensed in the State of Minnesota as a Residential Building Contractor. b) Builder shall provide the addresses of three houses they have built in Minnesota within the last five years, or evidence of qualification acceptable to the City. Specifications: c) Builder must provide proof of builders risk, comprehensive general liability, and worker's compensation coverage. d) Builder must be capable of closing on the lot purchase within two months of the City approved lot sale. Proof of financing may be requested by the City. e) Builder must be capable of completing the house within one year of closing on the purchase of the lot. 5. Required Attachments by Builder a) Please attach a description of the homes you would like to build on these lots. At a minimum, the description must include: • Front elevation of the homes that you would like to build, showing finish details where possible. • Scaled floor plans with dimensions listed that also indicates finished areas. • Site plan showing the proposed home and garage location on the lot. • A narrative that describes the general "fit and finish" of the home once complete. • The narrative should detail the total square footage of the home, the total finished square footage of the home, estimated selling price, foundation type, list of exterior materials, special upgrades if any, and anticipated construction timeline. • The City will only sell lots to builders who have experience in house construction in Minnesota. Please list the addresses of three houses you have built in Minnesota within the last five years, or attach other evidence of qualification for City review. 6. Attachments Provided by City 0 Backfill Compaction Test Results C Check One: �/ Builder Offers $120,000 to purchase these lots Builder Offers $500 for a six-month option to purchase these lots for $120,000 This proposal is not a purchase agreement or other binding contract. At this time, the builder is submitting a proposal to purchase this lot and build a new single family house in accordance with the RFP guidelines, or is requesting a six-month option for the same. If a builders proposal is accepted by the City Council, builder will be asked to enter into a purchase and development agreement and provide $2,000 earnest money for the lots. Only after such an agreement is signed would a binding contract exist between the City and the builder. Builders may purchase a 6 -month option on a lot for $500, renewable for an additional 3 months for an additional $500. The option provides the builder with exclusive rights to purchase the lots and build two homes subject to the requirements and guidelines of the RFP process. *Please be sure to include all required attachments listed in item #5 of the RFP guidelines. te License NumbertX;C0 I (0'7D Business Nam Telephone: b Ll'� � 14 2A_ _-�Yj �� 1:5 E-mail 0 Si t A A )tJ Date: 17 - Print Name and TitIe:1'RY_d1&�1_1JC>h bbn Submit Proposal To: �1 bc'�OL"C� I cwr(A-i n0anxz_-) Aaron Chirpich City of New Hope I Community Development Specialist 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5114 1 Fax: 763-531-5136 achiLpich@d.new-hope.mmus Proposals may be submitted by hand delivery, U.S. Mail, Fax or E-mail Chirpich Aaron From: Dale Anderson (djjanderson@comeast.net) Sent: Tuesday, September 15, 2015 8:52 AM To: Chirpich Aaron; Sargent Jeff Subject: Front Elevations Attachments: SKM-754e 1509150800 1. pdf Good Morning Jeff and Aaron, Thank you for taking the time to meet with me last week and go over the market analysis we had done for new construction in New Hope. Novak -Fleck would be willing to move forward on the lot on Broadway immediately at a purchase price of 40K if the City of New Hope will agree to sell him the two lots on 62"" for 60K each. The price point will be higher on the 62" lot. as we will have more difficulty selling the home on Broadway with the busy street and the apartments next door to the south. The home that will go up on Broadway will still be a great looking home for that location but the homes on 62"'l will have upgraded amenities (more stone, granite in the kitchen, 8' garage doors w/glass inserts, wood floors and a upgraded elevation. All will be 3 bedroom, 2 bathroom, and 3 car garage for all three lots which meets the City Of New Hope's requirements. Attached are the homes we are proposing for 3 of your lots. The three homes are the same home, just different elevations and also price points. We feel we will have a difficulty in selling the one that is on Broadway because of location ... being a busy road and also with the apartments adjoining to the south. Novak -Fleck would like a package deal for the 3 lots offering 40K for the lot on Broadway and 60K for the lots on 62"". We had done a market analysis which I came in and met with Aaron and Jeff on and left a copy of our findings. If you have questions or need anything more specific plea5e feel free to contact me. Thanks! Z14 W,0� Team Anderson Novak -Fleck Builders Inc. RE[MAX Resu,-,s 612-709-3316 d'J1anderson@corncast.f;et From: copierCm results. net [mailto: copier-O;resu Its, net] Sent, Tuesday, September 15, 2015 8:01 AM To: cljjanderson0alcomcast. net Subject: Message from KM -754e Exhibit F Buyer's Proposed Plans See attached. P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11382 (purchase of 9121 62nd Ave, N.)\Purchase and Redevelopment Agreement.doc 18 I -1AWIM11 101111111111 . F111-0.111, I 11-11TRI F0 f2M I TO, DuildOn r�B Proctor Report � Client: NITTI ROLLOFF SERVICES, INC PO BOX 490726 �BLAINE, MN 55449 Project: NEW HOPE DEMOLITION Professional Service industries, Inc. 2915 Waters Road, Suite 112 Eagan, MN 55121 Phone: (651) 646-8148 Fax: (651) e46-8258 Report No: PTR:0675711-3:i—1 Issue No: I CC: TIM MORPHEVV 7riese test-resultsappy only to the specific locations and materials it and may not represent arry other locations or elevations. This report may not be reproduced, a=ept in full, VOftowntten permission by Professional Service Industries, Inc. If 9 non-compliance appearson this report, to the extent that the reported non-wmpliance impacts the project. the resolution is outside the PSI scope of engagement Of Sample Details Sample ID: 0675711 -3 -SI Date Received: 912212015 Specification: D696/T99 Standard Proctor Source: On site from cut areas Sampling Method: Stockpile/Trans - ASTM D 75 - 5.3.3 Location: Backfill Date Tested: 1012/2015 Date Sampled: 9/22/2015 Sampled By: Joseph Rozrniarek Supplier On Site Material; Silty Sand Trace Gravel General Location: Backfill Tested By: Christopher Ghormley Dry Density - Moisture do—ntent Relationship Test Results D% Air Voids ASTM D 698 Maximum Dry Density (1bf1fV): 122.6 Dry Density (bf1fV) Optimum Moisture Content (%): 8.5 123. 0 . ...... Method: A Preparation Method: Dry ------------- Specific Gravity (Fines): 2.65 p Retained Sieve No 4 (4.75mm) 8 Passing Sieve No 4 (4.75mm) 92 122. 0 t' ASTM D 4718 — r Corrected Maximum Dry Density 122.6 ------------ (Ibfifts): Corrected Optimum Moisture 815 Content 12l.0 f 120,0 a 119 0; 4.0 5-0 60 7.0 8.0 9.0 10.0 11.0 12.0 110 14.0 15.0 Lbisture Content (%) Comments Form NO: 110031, Report No: PTR:0675711.3-Si 020OLL2013 GESTLab bY SoactraQEST.conu Pace 1 of I I?017?za1w, 1W Mr memo TbBuildOn 4, Amphimewft 9 C*nwWUW 9 ToWO —i Field Density Test Report lient: NITTI ROLLOFF SERVICES, INC CC: TIM MORPHEW PO BOX 490726 BLAINE, MN 55449 Project: NEW HOPE DEMOLITION Profes�sional Service Industries, Inc. 2915 Waters Road, Suite 112 Eagan, MN 55121 Phone: (651) 64"148 Fax: (651) 6464258 Report No: FDR:0675711-2 Issue No: I may not represent arry other locations or alevations. This report may not 09 reproduced. except ir? full, without written pemission by ProfeWonal Service I ridustries, Inc. If a ron-comp5anoe appgars on this report, to the extent that ,he reported non-c;omplianre impacts the project, the resolution is outside the PSI scope of engagement App�cd SigratDry: Christopher Ghcmifey (512ff Engineer) Date of Issue: I C/S/201 5 Testing Details Tested By: Ctiares Kraft Date Tested: 9122J2015 Field Methods: ASTM D 6938 Gauge Type: TroxIer Test Mode: Direct Transmission Model Number: 3430 Standard Count: Density: 2261 Serial Number: 28006 Standard Count: Moisture: 644 Proctor Information Sample ID Supplier Material Method MDD OMC (Ibtfts) 0675711 -3 -Sl On Site Silty Sand Trace Gravel ASTM D 698 (A) 122.6 8.5 Test Results Test Proctor Sample ID Probe Wet Density Moisture OMC Var Dry Density Comp (%) Comp Spec Results No. Depth (lbfft3) Content (in.) I 0.675711 -3 -SI 133.0 6.7 -1,8 124.6 101.6 2:95 A 2 0675711 -3 -Sl 124-7 6.0 -2.5 117.6 915.9 2�95 A 3 0675711 -3 -Sl 125.7 7.2 -1.3 117.3 95.7 >95 A 4 0675711 -3 -Sl 128.9 9.0 +0.5 118.2 96.4 �r`95 A 5 0675711 -3 -Sl 125.2 5.1 -3.4 119.1 97.1 �:9s A Location General Location: House Backfill and Test Pits Test Location No. 1 Surface, Northwest Corner 2 Surface, Center 3 Surface, East Side 4 Test Pit, West Half, Down 2' 5 Test Pit, East Half, Down 2' Comments Legend OMC = Optimum MoistLre Cordend MDC = MaArl Dry Density A � 7ES7 RESULTS COMPLY WITH SPECIFICATION rorrh No 110244, Report No FDR:D6757i 1-2 V 2000-2013 GESTLab by SpectfaQEST=n Page I of 1 Chirpich Aaron From: Dale Anderson [djjanderson@comcast.net] Sent: Tuesday, September 15, 2015 8:52 AM To: Chirpich Aaron; Sargent Jeff Subject: Front Elevations Attachments: SKM-754el 5091508001.pdf Good Morning Jeff and Aaron, Thank you for taking the time to meet with me last week and go over the market analysis we had done for new construction in New Hope. Novak -Fleck would be willing to move forward on the lot on Broadway immediately at a purchase price of 40K if the City of New Hope will agree to sell him the two lots on 62 nd for 60K each. The price point will be higher on the 62 nd lots as we will have more difficulty selling the home on Broadway with the busy street and the apartments next door to the south. The home that will go up on Broadway will still be a great looking home for that location but the homes on 62 nd will have upgraded amenities (more stone, granite in the kitchen, 8' garage doors w/glass inserts, wood floors and a upgraded elevation. All will be 3 bedroom, 2 bathroom, and 3 car garage for all three lots which meets the City Of New Hope's requirements. Attached are the homes we are proposing for 3 of your lots. The three homes are the same home, just different elevations and also price points. We feel we will have a difficulty in selling the one that is on Broadway because of location ... being a busy road and also with the apartments adjoining to the south. Novak -Fleck would like a package deal for the 3 lots offering 40K for the lot on Broadway and nd 60K for the lots on 62 . We had done a market analysis which I came in and met with Aaron and Jeff on and left a copy of our findings. If you have questions or need anything more specific please feel free to contact me. Thanks! Antle Ww�� Team Anderson Novak -Fleck Builders Inc. RE/MAX Results 612-709-3316 diianderson@comcast.net From: copier0) results. net [mailto:copier(cbresults.ne Sent: Tuesday, September 15, 2015 8:01 AM To: cljianclerson��comcast. net Subject: Message from KM -754e COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Hearing Community Development October 12, 2015 Item No. By: Aaron Chirpich, CD Specialist By: Kirk McDonald, City Manager 7.3 Jeff Sargent, Director of CD Resolution approving purchase and redevelopment agreement with Novak -Fleck Incorporated for the sale of 9115 and 9121 62nd Avenue North (Improvement Project No. 956) Requested Action Staff requests that the Council approve a resolution approving the purchase and redevelopment agreement for the sale of city owned property located at 9115 and 9121 62nd Avenue North (improvement project no. 956). Policy/Past Practice It is a common practice for staff to seek approval of purchase and redevelopment agreements for the sale of city owned land. Background On May 27, 2015, the City purchased a vacant single family home located at 9121 62nd Avenue North for $130,000. The home was part of an estate and was offered for sale by the children of the former owner. The intent of this purchase was to raze the house and all site improvements in preparation for the construction of two new single family homes as the parcel is large enough to subdivide and create two standard size lots. The home and all site improvements have been cleared and now the vacant lots are ready to be sold. In August, the city sold the lot at 5431 Virginia Avenue to Novak -Fleck. During the sale process of that lot, staff made Novak -Fleck aware of upcoming city owned properties including the double lot on 62nd Avenue. Novak -Fleck was immediately interested in the opportunity and requested to be notified when the lots became available. As the time approached to begin marketing the 62nd Avenue lots, staff reached out to Novak -Fleck and let them know that the lots would be available at a price of $60,000 per lot. At that time, staff also reminded Novak -Fleck of the city owned lot at 6059 West Broadway. Staff expressed the city's desire to V Motion by IA41661 seeon�y /I L To: 1:\RFA\COMM DEV\Development\Q&R- Sale of 9115 and 912162nd Avenue to Novak -Fleck 10-12-15 Request for Action Page 2 October 12, 2015 sell the West Broadway lot and encouraged Novak -Fleck to submit an offer for a package deal. Novak -Fleck responded by offering to purchase the two 62nd Avenue lots and the West Broadway lot for a total price of $160,000. The summary of the offer is as follows: $60,000 for 9115 62nd Avenue $60,000 for 9121 62nd Avenue $40,000 for 6059 West Broadway Avenue ($10,000 reduction from the original asking price) Summary of the Proposed Homes for 62nd Avenue The proposed homes meet all criteria set forth in the RFP guidelines and specifications and both homes will feature the following base characteristics: Split entry design 4 bedrooms — three on the main floor 3 car garage Master suite with walk-in closet Vaulted ceilings Vinyl siding with stone accents Novak -Fleck has proposed to differentiate the two homes in a variety of ways. The most notable difference will be in the roof lines of the homes. One home will have a traditional gable roof and the other will have a hipped roof system. Development Agreement The proposal submitted by Novak -Fleck for the purchase of 9115 and 9121 62nd Avenue North was found complete by staff and reviewed by the Council at the September 21st work session. At that work session, the Council approved the sale of the lots to Novak -Fleck pending final approval at a future Council meeting. Since the September 21st work session, staff has worked with the City Attorney and the buyer to draft a purchase and redevelopment agreement for the sale of the lots. The purchase and redevelopment agreement ensures that the provisions set forth in the RFP will be met and sets the purchase price for the two lots at $120,000. Because the lot is being subdivided, there will be the need to provide sewer and water services into the second lot that is created. It is the opinion of staff that the base lot price should include such utility services into the property. The sewer main that serves the site actually runs through the boulevard. Therefore, staff considers the new lot to have sewer access into the lot. However, the water main serving the site is located in the street and therefore, the redevelopment agreement stipulates that the city will reimburse Novak -Fleck for costs associated with the new water service stub in an amount not to exceed $3,500. The purchase and redevelopment agreement included in the attachments is considered complete by staff and the City attorney. However, some minor revisions may be necessary once fully reviewed by the buyer. Any Request for Action Page 3 October 12, 2015 substantial changes to the agreement would be brought to the Council for approval. Once the agreement is fully executed, staff anticipates that the closing of the lot sale will take place sometime in October. Funding The city used EDA funds to acquire the home. Staff has received approval from Hennepin County to use CDBG grant resources to pay for all demolition related costs. Recommendation Staff recommends that the Council approve the resolution approving the purchase and redevelopment agreement for the sale of 9115 and 9121 62nd Avenue North to Novak -Fleck Incorporated. Attachments: Resolution Work session minutes Purchase and Redevelopment Agreement Concept photos of the proposed homes (actual homes will vary slightly) Elevation drawings of the proposed homes no. 964). Mr. Jeff Sargent, director of community development, recommended the city enter a preliminary development agreement with Alatus to provide an exclusive six-month negotiation period until April 1, 2016. Representatives of Alatus were recognized. Mr. Todd Elkins illustrated a "C" shaped building design. He stated the four-story development would include below grade parking (one stall per bedroom), 180 units, and many amenities (exercise room, lobby -type entry, club room, outdoor pool/hot tub, patio, deck, rooftop deck for urban gardens). Mr. Lux, president, noted the targeted audience for high end rental properties includes young professionals and retirees. Council commented on the need for a reputable on-site management company. Council Member Hoffe recommended an indoor pool be added. Council Member Lammle suggested Alatus provide comparable properties that Council can view. Staff was directed to place the preliminary development agreement on the September 28 Council Meeting agenda. Director Sargent commented that additional neighborhood open houses will be scheduled. SCATTERED SITE) Mayor Hemken introduced for discussion item 11.4, Discuss proposal from Novak - LOTS Fleck Inc. for the purchase and development of three city -owned scattered site lots. Item 11.4 Mr. Aaron Chirpich, community development specialist, reported on a proposal from Novak Fleck to purchase three of the city -owned scattered site lots: one at 6059 West Broadway and two lots at 9121 62.d Avenue. He stated the developer is willing to pay $40,000 for the lot at 6059 West Broadway and $60,000 for each lot at 9121 62nd Avenue North. He stated the homes would be constructed with split-level designs, four bedrooms, master suite with walk-in closet, three -stall garages, vaulted ceilings, and vinyl siding with stone accents. Mr. Chirpich explained the acquisition costs of the sites and the need to provide sewer and water services into the second lot on 62nd Avenue. He noted the base guidelines and criteria of the homes have been established. Mr. Chirpich noted the primary purpose of the scattered site program is to purchase and remove distressed properties so the city can increase the tax base and stimulate other property owners to re -invest. Council directed staff to present the formal proposal at the October 12 Council Meeting. IMP. PROJECT 962 Mayor Hemken introduced for discussion item 11.5, Discussion of feasibility report Item 11.5 for construction of a 2016 Municipal State Aid (MSA) infrastructure improvement project on 49th Avenue and Quebec Avenue (improvement project no. 962). City Council Work Session September 21, 2015 Page 3 Ar, 4k. 0 C14 110 Lr) I F I SEEM SEEN 0 WIN ENOS mmmm Wonsli BEEN sommum Runs mmmo Noun mmon. IIH _101.1 il 1wi I r I 2i 111111111111111 INS 0 RESOLUTION NO. 15- 153 RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT AGREEMENT WITH NOVAK-FLECK INCORPORATED FOR THE SALE OF 9115 AND 912162 n'AVENUE NORTH AVENUE NORTH BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City purchased that certain real property located at 9121 62 nd Avenue North, New Hope, MN, legally described as Lot 1, Block 1, Allan Hills 2 nd Addition, Hennepin County, Minnesota on May 27, 2015, with the intention of razing the existing house and all site improvements in preparation for the lot split and construction of two new single family homes; and WHEREAS, New Hope City staff received an offer from Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck") regarding the sale and redevelopment of the two newly created lots located at 9115 and 9121 62 nd Avenue North, New Hope, MN, and legally described as: Parcel A: The West 90.00 feet of Lot 1, Block 1, Allan Hills 2'd Addition, Hennepin County, Minnesota Parcel B: That part of Lot 1, Block 1, Allan Hills 2 nd Addition, Hennepin County, Minnesota lying East of the West 90.00 feet thereof (collectively referred to as the "Property"). WHEREAS, the City arrived at an agreement with Novak -Fleck Incorporated, a Minnesota corporation ("Novak -Fleck") to sell the Property for the purchase price of $120,000.00 upon all of the terms set forth in the RFP; and WHEREAS, the City has accepted Novak -Fleck's offer and has presented a draft of the Purchase and Redevelopment Agreement to Novak -Fleck for its review, a copy of which is attached hereto as Exhibit A ("Purchase and Redevelopment Agreement") and incorporated herein by reference; and WHEREAS, it is in the best interest of the City to sell the Property to Novak -Fleck for the sum of $120,000.00, in order for Novak -Fleck to redevelop and build two new single family homes on the Property in accordance with the City's scattered site housing program and policy; and WHEREAS, the City staff is hereby seeking approval from the City Council of the Purchase and Redevelopment Agreement, subject to other terins relating to the closing on the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property by the City of New Hope to Novak -Fleck Incorporated for the purchase price of $120,000.00, with other terms and conditions as set forth in the Purchase and Redevelopment Agreement attached hereto as Exhibit A, is approved subject to the review and approval by the City Attorney of the final language and exhibits to the Redevelopment Agreement relating to the closing on the sale of the Property, it being in the best interest of the City to sell the Property for redevelopment and construction of two single- family homes in accordance with the City's scattered site housing program and policy. 3. The City shall use due diligence for selling the Property to Novak -Fleck for the construction of two single-family homes, so as to return the Property to the tax rolls for the benefit of all taxing jurisdictions. 4. The Mayor, City Manager and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the sale of the Property in accordance with the Purchase and Redevelopment Agreement. Dated the t.1, day of October, 2015. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11382 (purchase of 9121 62nd Ave. N.)\Resolution Approving Sale of 9115 and 9121 62nd Ave. N..docx PURCHASE AND REDEVELOPMENT AGREEMENT This Purchase and Redevelopment Agreement ("Agreement") is made by and between NOVAK-FLECK INCORPORATED a Minnesota corporation ("Buyer") and the CITY OF NEW HOPE, MINNESOTA, a Minnesota municipal corporation ("Seller") effective October —, 2015. In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Seller shall sell and Buyer shall purchase the vacant parcel of real property located in the City of New Hope at the property addresses of 9121 and 9115 62 nd Avenue North, New Hope, Minnesota, and legally described as: Parcel A (9121 62 d Ave. N.): The West 90.00 feet of Lot 1, Block 1, Allan Hills 2 d Addition, Hennepin County, Minnesota. Parcel B (9115 62 nd Ave. N.): That part of Lot 1, Block 1, Allan Hills 2 d Addition, Hennepin County, Minnesota lying East of the West 90.00 feet thereof. (Parcel A and Parcel B are collectively referred to herein as the "Property") 1. Purchase Price. The purchase price for the Property is One Hundred Twenty Thousand and No/100 Dollars ($120,000.00) (the "Purchase Price"), which Buyer shall pay as follows: an initial payment of Two Thousand and No/100 Dollars ($2,000.00) (the "Earnest Money"), which sum shall be paid to Seller upon Buyer and Seller's execution of this Agreement and One Hundred Eighteen Thousand and No/100 Dollars ($118,000.00) payable by wire, cashier's check or cash on the "Date of Closing", as that term is defined in paragraph 4 below. There are no items of personal property or fixtures included in this sale. 2. Title Conveyed. On the Date of Closing, Seller shall deliver a Quit Claim Deed (the "Deed") to Buyer conveying marketable title of record, free and clear of liens, encumbrances, assessments and restrictions, except for the "Permitted Encumbrances" set forth on Exhibit A and the restrictive covenants referenced below in paragraph 4.b. 3. Representations of Seller. Seller represents and agrees as follows: a. Seller owns the Property and has the right to sell the same, and that there are no unrecorded contracts, leases, easements or other agreements or claims of any third party affecting the use, title, occupancy or development of the Property, there are no parties other than Seller in possession of any portion of the Property, and no person, firrn or entity has any right of refusal, option or other right to acquire all or any part of the Property. b. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. I C. To the best of Seller's knowledge without inquiry there are no septic systems on the Property. A sealed well is located on Parcel B. Seller's knowledge of wells on the Property is disclosed in the well sealing record attached hereto as Exhibit B. d. Seller represents that it has the requisite power and authority to enter into and perform this Agreement and any Seller's Closing Documents signed by it. e. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. f. To the best of Seller's knowledge without inquiry, no above ground or underground tanks are located in or about the Property. 9. Seller makes no other warranties as to the condition of the Property. Seller agrees that any breach of Seller's forgoing representations shall be grounds for Buyer to terminate this Agreement. In the event of such termination, the Earnest Money shall be returned. Wherever herein a representation is made "to the best of Seller's knowledge," such representation is limited to the actual knowledge of the Mayor and/or City Manager of Seller. 4. Representations of Buyer. As an essential part of this Agreement and in order to induce Seller to enter into this Agreement and sell the Property, Buyer hereby represents to Seller: a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY SELLER, BUYER HEREBY ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION AS TO THE USE OF THE PROPERTY. Buyer understands and agrees that the Purchase Price is the fair market value of the Property in its "AS IS" condition. Buyer acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the homes described in paragraph 9 below. If the soil is determined to be unacceptable Buyer may rescind this Agreement by written notice to Seller, in which case the Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer. b. Buyer agrees the first sale of the two separate homes on the Property will be sold to owner -occupants. An "owner -occupant" shall be defined as an individual(s) that purchases each home from Buyer by warranty deed or a contract for deed and intending to reside in the respective home as a primary residence. To insure the intent of the parties that the homes constructed on the Property are both purchased by an owner -occupant, Buyer will record restrictive covenants and an assessment agreement against the Property prohibiting the leasing of the homes for a period of twelve (12) months after the sale of such homes by Buyer to an owner -occupant of each such home, respectively. The restrictive covenants and assessment agreement shall be substantially in the form of the documents attached hereto as Exhibits C and D, respectively. Further, the restrictive covenants and assessment agreement shall provide that the City may levy a $20,000.00 assessment on the Property prior to its sale if either of the lots are not being sold to an owner -occupant. The City shall release the Property from these restrictive covenants and assessment agreements upon the issuance of a certificate of occupancy for the construction of the homes on the Property and upon the receipt by the City of an affidavit signed by Buyer and both owner -occupants verifying owner -occupants' intent to reside in the respective homes as their primary residences in compliance with the restrictive covenants described herein in the form attached as Exhibit C. C. Within one (1) year of Closing, Buyer shall complete the construction of the two separate single family homes on the Property (the Improvements). The Improvements must be consistent with all building and zoning requirements and the restrictive covenants applicable to the Property. The representations set forth in this paragraph shall be incorporated into appropriate documents to be recorded against the Property (whether by declaration, restrictive covenants, or development agreement as hereinafter defined) subject to approval by Seller and Buyer as a condition of Closing. 5. Title Commitment and Policy. a. Seller shall deliver to Buyer a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by Home Title and covering title to the Property, in the amount of the Purchase Price. Buyer agrees to pay the costs associated with the preparation and issuance of the Commitment; Buyer shall pay the premium for the owner's policy, if any, and the lender's policy, if any, along with the price for any endorsements requested by Buyer or Buyer's lender. b. Buyer shall have fifteen (15) days after receipt of the Commitment to review and approve the title to the Property and to object to any exception to title that is disclosed in the Commitment or which is otherwise discovered by Buyer. In the event that Buyer does not within such fifteen (15) day period give notice to Seller objecting to any such exceptions, then all such exceptions shall be deemed approved and shall be considered a part of the Permitted Encumbrances. If Buyer timely objects to an exception to title, then on or before the tenth (10) day following Buyer's notice of exception, Seller shall remove the exception or notify Buyer that Seller is unwilling or unable to remove the exception. Within five (5) days of any notice by Seller that Seller it is unable to remove an exception to title, Buyer may elect by notice to Seller to either: (i) terminate this Agreement, whereupon all of the Earnest Money shall be returned to Buyer and the parties shall be released from all further obligations hereunder except obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement; or (ii) elect to have this Agreement remain in effect, in which event Buyer will be deemed to have approved the previously -cited exception and the same shall be considered part of the Permitted Encumbrances. 6. Closing. a. Closing shall occur on or before October 30, 2015 (the "Date of Closing" or "Closing"), unless both parties agree, in writing, to an earlier or later time. b. Closing shall occur at Novak -Fleck Incorporated, 8857 Zealand Avenue North, Brooklyn Park, N4N 55445. C. Seller shall deliver at closing the following executed and acknowledged documents: the Deed; (ii) affidavit(s) in industry -standard fonri(s) stating that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; Seller is not a foreign person or entity; and addressing such other matters as Buyer may reasonably require. 7. Payments/Prorations. At Closing, Seller shall pay the cost of recording any instrument (other than the Deed) necessary to place title in the condition required under this Agreement, State deed tax, and all special assessments levied, pending or constituting a lien against the Property as of the Date of Closing, including without limitation any installments of special assessments and interest payable with general real estate taxes in the year of closing. Seller will pay general real estate taxes payable in the year prior to the year of closing and all prior years. Buyer shall pay at Closing the cost of the owner's policy or lender's policy of title insurance (if any), sales tax (if any) resulting from the Closing, the fees required for recording the Deed, and Purchase and Redevelopment Agreement, and all customary closing fees charged by the Title Company or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. General real estate taxes payable in the year of closing shall be prorated by Seller and Buyer as of the closing date based upon a calendar year. Each party shall pay its own attorney's fees. 8. Post Closing Payment Regarding Connection to Water Main. Seller agrees to reimburse Buyer for actual costs incurred by Buyer associated with the new water service stub at Parcel B, not to exceed $3,500.00. Buyer shall submit to Seller proof of actual costs incurred relating to connecting the water line to Parcel B, and Seller will reimburse Buyer, in an amount not to exceed $3,500.00. 4 9. Condemnation. If, prior to the Date of Closing, all or any part of the Property shall be condemned by governmental or other lawful authority, Buyer shall have the option of (a) completing the purchase contemplated by this Agreement, in which event all condemnation proceeds or claims thereof shall be assigned to Buyer, or (b) canceling this Agreement, in which event the Earnest Money shall be refunded and this Agreement shall be terminated with neither party having any rights against or obligations to the other except rights or obligations under this Agreement which provide for continued exercise following_dosing or cancellation or other termination of this Agreement, and Seller shall be entitled to any and all condemnation proceeds. 10. Construction of Homes. Buyer agrees that it will construct two new single family homes on the Property. This covenant shall survive the delivery of the Deed. a. The single family homes described in this paragraph are referred to as the "Minimum Improvements. b. The Minimum Improvements shall consist of two new single family homes, and shall be constructed substantially in accordance with the RFP Guidelines attached as Exhibit E and the proposal approved by Seller on 2015 attached as Exhibit F. C. Construction of the Minimum Improvements must be substantially completed within one (1) year following Closing. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of New Hope building inspector. d. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of Buyer to construct such Minimum Improvements (including the date for completion thereof), Seller will furnish Buyer with a Certificate of Completion for such improvements. Such certification by Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof The certificate provided for in this paragraph of this Agreement shall be in such form as will enable it to be recorded in the Hennepin County Registrar of Title's Office and other instruments pertaining to the Property. If Seller shall refuse or fail to provide any certification in accordance with the provisions of this paragraph, Seller shall, within thirty (30) days after written request by Buyer, provide Buyer with a written statement, indicating in adequate detail in what respects Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what il measures or acts it will be necessary, in the opinion of Seller for Buyer to take or perform in order to obtain such certification. e. Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: 0) Buyer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of Seller's City Council. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable Buyer or any successor in interest to the Property, or any part thereof, to construct the Minimum Improvements or component thereof. (ii) If Buyer seeks to effect a Transfer prior to issuance of the Certificate of Completion, Seller shall be entitled to require as conditions to such Transfer that: (1) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable Judgrnent of Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by Buyer as to the portion of the Property to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to Seller and in form recordable in the public land records of Hennepin County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of Seller, have expressly assumed all of the obligations of Buyer under this Agreement as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which Buyer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by Seller) deprive Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum linprovements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity 6 and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by Seller to the contrary, no such transfer or approval by Seller thereof shall be deemed to relieve Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subparagraph e. shall be in a form reasonably satisfactory to Seller. (W) If the conditions described in paragraph (2) above are satisfied then the Transfer will be approved and Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (iii) apply to all subsequent transferors. (iv) Upon issuance of the Certificate of Completion, Buyer may transfer or assign the Minimum Improvements and/or Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of Seller. Buyer agrees that (a) it will use the Minimum Improvements only two separate single family, owner -occupied homes, (b) it will not seek exemption from real estate taxes on the Property under State law, and (c) it will not transfer or permit transfer of the Property to any entity whose ownership or operation of the property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of New Hope or Seller in accordance with this Agreement). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Irnprovements, and shall remain in effect for at least 30 years after the Date of Closing. 9. Buyer shall comply with all recommendations of the City Engineer. h. Buyer's construction plans shall be approved by the City Building Official. 7 11. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or any part thereof to Buyer and prior to receipt by Buyer of the Certificate of Completion of the Minimum Irnprovements, Buyer fails to carry out its obligations with respect to the construction of the Minimum Irnprovements (including the nature and the date for the completion thereoD, or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from Seller to Buyer to do so, then Seller shall have the right to re- enter and take possession of the Property and to terminate (and revert in Seller) the estate conveyed by the Deed to Buyer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of Buyer and failure on the part of Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, Seller at its option may declare a termination in favor of Seller of the title, and of all the rights and interests in and to the Property conveyed to Buyer, and that such title and all rights and interests of Buyer, and any assigns or successors in interest to and in the Property, shall revert to Seller, but only if the events stated in this paragraph have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this paragraph, Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. 12. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in Seller of title to and/or possession of the Property or any part thereof as provided in paragraph 10, Seller shall apply the Purchase Price paid by Buyer under paragraph I of this Agreement as follows: a. First, to reimburse Seller for all costs and expenses incurred by Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by Seller from the property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part 8 thereof on the Property or part thereof, and any amounts otherwise owing Seller by the Buyer and its successor or transferee; and b. Second, to reimburse Buyer for the balance of the Purchase Price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to the Buyer upon delivery of an executed, recordable warranty deed to the Property by the Buyer to Seller. 13. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two (2) business days after depositing of the same in the mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery. Any party shall have the right to designate any other address or facsimile number for notice purposes by written notice to the other party in the manner aforesaid. The addresses of the parties are as follows: SELLER: City of New Hope Kirk McDonald, City Manager 4401 Xylon Avenue North New Hope, MN 55428-4898 with copy to: Stacy A. Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 BUYER: NOVAK-FLECK INCORPORATED 8857 Zealand Avenue North Brooklyn Park, MN 55445-1895 with copy to: 14. No Broker Involved. Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 15. Remedies. If Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer as provided by law. If Buyer fails to cure such default as provided by law, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money and neither party shall have any rights or obligations against the other except rights or obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement. If Seller defaults under this Agreement, Buyer's only remedy shall be to terminate the Agreement and recover the Earnest Money paid to Seller. Buyer shall not have any right to the remedy of specific performance 16. Assignment/Prohibition Against Transfer of Property. Buyer may not assign its rights and obligations hereunder without the prior written consent of Seller, which consent may be granted or withheld by Seller in its sole discretion. 17. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. No amendment of this Agreement shall be valid or binding unless executed by authorized representatives of both Seller and Buyer. The headings and captions of this Agreement are for the convenience of the parties only and shall not be looked to in the interpretation or enforcement of this Agreement. Seller and Buyer acknowledge and agree that each has had opportunity to participate in the drafting of this Agreement and accordingly acknowledge and agree that this Agreement as a whole and each of is clauses are not to be interpreted in favor of or against either party. This Agreement may be signed in counterpart, with each copy of the Agreement binding upon the signing party at the time of signing and together which shall constitute a single document. 18. Survival. The Parties representations contained herein shall survive the delivery of the Deed. 10 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). SELLER: CITY OF NEW HOPE 0 Kathy Hemken Its: Mayor Dated: October—, 2015 M_ Kirk McDonald Its: City Manager Dated: October 2015 STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN BUYER: NOVAK-FLECK INCORPORATED Lo Its: Dated: October 2015 The foregoing instrument was acknowledged before me this day of Octobq_, 2015, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public 11 STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of October___, 2015, by Richard Novak, the President of Novak -Fleck Incorporated, a Minnesota corporation on behalf of the corporation. DR,4FTED BY: Jensen SondraH PerseHin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (763)424-8811 12 Notary Public Exhibit A Permitted Encumbrances Restrictions, reservations, covenants and easements relating to use or improvement of the Property without effective forfeiture provisions of record on the Effective Date; 2. Building and zoning laws, ordinances, city, state and federal regulations; 3. Governmental regulations, if any, affecting the use and occupancy of the Property; 4. All rights in public highways upon the land; 5. Easements for public rights-of-way and public and private utilities, which do not interfere with present improvements; 6. Reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions of the Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real estate taxes. 7. The lien of unpaid special assessments, if any, not presently payable but to be paid as a part of the annual taxes to become due; The lien of unpaid real estate taxes, if any, not presently payable but to be paid as part of the annual taxes to become due. 13 Exhibit B Well Sealing Record See attached. 14 Exhibit C Restrictive Covenants See attached. IN, Exhibit D Assessment Agreement See attached. 16 Exhibit E Request for Proposal ("RFP") Guidelines See attached. 17 Exhibit F Buyer's Proposed Plans See attached. P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11382 (purchase of 9121 62nd Ave. N.)\Purchase and Redevelopment Agreement.doc 18 CITY OF NEW HOPE CONTRACT FOR DEMOLITION AND SITE GRADING AT 9121 62nd AVE. N. For valuable consideration as set forth below, this Contract dated the3l6t-day of August, 2015, is made and entered into between the City of New Hope, a Minnesota municipal corporation ("City") and Nitti Rolloff Services, Inc ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract pursuant to the specifications for demolition and site grading attached hereto as Exhibit A for the demolition of all building and site improvements and re -grading of the residential property located at 9121 62nd Ave. N., New Hope, Minnesota ("Property"). The Contract including specifications on Exhibit A shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the Proposal as demolition of all building and site improvements located on the Property and re -grading of the Property. As part of the Work, Contractor agrees to remove all excess material from the Property. CONTRACT PRICE The City agrees to pay Contractor the sum of $15,970 in exchange for Contractor furnishing labor and materials for the Work at the Property, payable within 30 days of Contractor's completion of the Work. Contractor may start work on this project upon its execution of this Contract and providing proof of insurance pursuant to paragraph 5. 4. COMPLETION DATE/LIQUIDATED DAMAGES Contractor shall complete all Work on or before September 30, 2015 ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated darnages are specified as follows for failure of Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of September 30,2015, Contractorshall pay the City $50.00 per day as liquidated damages. INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 C. Workman's Compensation: Statutory Amounts The City shall be named as an Additional Insured in regard to the General Contractor Liabilily forms where required by written contract on a primary and non-contributo!y basis, including completed operations. This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights-of-way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 6. LAWS, REGULATIONS AND SAFETY Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. —2— 8. ASSIGNMENT Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of Contractor for purposes of giving notices and any other purpose under this Contract shall be 12351 Cloud Drive Northeast, Blaine, MN 55449. The address of the City for immoses of eivin2 notices and anv other i)urDoses under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF By: Kirk McDonald Its City Manager Nitti Rolloff Se 'ces' Inc By: T�ny Nitti" Its President —3— Exhibit A Specifications See attached PAAttorney\SAS\l Client Files\2 City of New Hope\99-11375 (purchase of 6059 W Broadway)\Demolition Contract 4-21-15.doc From: The City of New Hope Subject: Request for quotes for demolition and site grading at 9121 62nd Avenue North Overview: The City of New Hope is the owner of the property addressed as 9121 62nd Avenue North, (P.I.D. 0611821220069 ). The City is requesting quotes for demolition of all building and site improvements at this location followed by re -grading. If you are interested in submitting a quote for this project, please review the enclosed specifications and inspect the site. Please call Aaron Chirpich in the Community Development Department for access instructions, 763-531-5136. Proposals must be completed on the enclosed bid form and submitted by 1:00 p.m. on August 19th, 2015. Proposals may be submitted by U.S. Mail, e-mail or in person; please note the enclosed bid from must be used. City staff will review the submitted proposals and forward them to the City Council. City staff expect the Council to select a demolition contractor at their August 24th meeting. The selected contractor would be required to complete the demolition and site grading work in accordance with the attached specifications no later than September 30th 2015. Submit proposals to the following: Attn: Aaron Chirpich City of New Hope Community Development Department 4401 Xylon Ave, North New Hope MN, 55428 achirpidi@ci.new-hope.mn.us Property Owner: City of New Hope Property Address: 9121 62nd Avenue North (P.I.D. 0611821220069) For a price of $ , the contractor named below proposes to fully complete the work in accordance with the attached specifications for demolition and site grading at 9121 62nd Avenue North, no later than September 30, 2015. Name of Contractor: License Numbe Address: Telephone: E-mail Address: Contractor Signature: Title: Date: CNP A. Scope of Work 1. General a. Contractor shall furnish all labor, materials and equipment, and shall perform all service and work required to remove the buildings, structures and improvements from the site, and post demolition grading of the site, in strict accordance with these specifications and in accordance with all applicable ordinances and laws pertaining to removal of buildings, structures, grading and erosion control. b. Contractor shall thoroughly review these specifications and examine the site to evaluate existing and proposed conditions prior to making a quote. Failure to do so shall in no way relieve contractor from performing the work as required or be grounds for a claim for extra payment. 2. Demolition and Disposal of Buildings and Site Improvements a. All buildings and site improvements on the site shall be removed and properly disposed. Demolition to include, but not limited to stairs, ramps, floor slabs, equipment bases, driveways, aprons, foundation walls and footings, and other structure components, appurtenances and contents associated with each structure, unless noted otherwise. b. All demolition materials, substrates, debris, waste, or other materials shall be collected, stored, handled, managed, and disposed in accordance with currently accepted practices at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations. 3. Backfill, Compaction and Grading a. No demolition material shall be left in, or placed in any excavation. All excavations unless otherwise noted, shall be back filled with clean imported granular material. Imported material shall be placed in 1 foot lifts and compacted to no less than 95% standard proctor density. Contactor shall provide the City with third party sampling, analysis and reports to demonstrate that 95% compaction has been achieved. b. The rough graded clean fill material should be brought to a level 4" below the finished grade to accommodate imported topsoil. The finished grade shall be determined by matching the existing average grade of the excavation area prior to demolition. The final grade shall maintain pre demolition drainage patterns. eL. C, eNH -2 c, To complete the finished grade, contractor shall spread black dirt across the disturbed areas of the site at a depth of 4". Upon completion of the finished grade, contractor shall immediately hydroseed all disturbed areas of the site. Disturbed areas of the site include areas where tree's have already been removed. Demolition contractor is to smooth out the tree removal excavations as part of the final grading. 4. Tree and Vegetation Removal a. All trees that the city wants removed have been cleared. The tall shrubs and bushes on the east side of the home, and northeast comer of the home shall be removed by the demolition contractor when the home is razed. 5. Abandonment of Wells a. The city knows of one well on the property that is located outside of the home in a pit next to the detached garage. This well is scheduled to be sealed before demolition. As part of the sealing all equipment in the pit will be removed. Demolition contractor shall remove the concrete blocks that make up the walls of the well pit and fill in the excavation. Discovery of any wells other than those already documented shall require contractor to halt the demolition work until well sealing can be completed. Contractor is not entitled to additional compensation for any delays resulting from the necessity to halt demolition work for such well sealing, except that the completion deadline shall be extended in proportion to the delay. 6. Utilities a. Contractor shall be responsible for calling Gopher State One Call for the location of any underground utilities prior to commencement of demolition and site grading work. b. The city has ordered the disconnection of electricity (Excel Energy) and natural gas (Centerpoint Energy) services for the property. Contractor shall field verify disconnections prior to demolition. Other private communication utilities such as telephone and cable may still be connected; if so, contractor shall roll them back and secure them at the pole prior to demolition. c. The city has turned off the water at the curb. Contractor is to remove water line to within 3 feet of the curb stop and permanently cap or bend the line over. Document and mark on-site, the location of the service termination and provide information to the City. Inspection by the City will be required prior to backfilling of the trench. d. Sanitary sewer service shall be disconnected by cutting and securely plugging the pipe at the edge of the property line. Document and mark on-site, the location of the service termination and provide information to the City. Inspection by the City will be required prior to backfilling of the trench. 7. Asbestos and Other Hazardous Materials a. The City has contracted with Angstrom Analytical for the completion of a demolition survey for the property. The report from Angstrom is attached to this request for quotes. All asbestos and hazardous materials identified in the report have been removed from the property as of July 31, 2015. Discovery of any additional apparent asbestos containing or other hazardous materials by the demolition contractor during demolition shall require contractor to halt the demolition work until testing and abatement (if applicable) is completed at the City's expense. Contractor is not entitled to additional compensation for any delays resulting from the necessity to halt demolition work for such testing and abatement, except that the completion deadline shall be extended to accommodate the delay. 8. Permits and Inspections a. Contractor will complete and submit the City of New Hope demolition permit application. Permit fees for the demolition permit will be waived, however the State surcharge will still be collected as the City can not waive that portion. Contractor shall have the work inspected prior to backfilling the primary excavation, The private water and sewer service terminations will also be inspected by City Public Works staff. A separate water and sewer disconnection permit must be secured from Public Works. This fee will not be waived. b. If any permits from other governmental agencies are required, contractor shall, at contractor's own expense, secure such permits, pay any fees and complete any inspections required by same, and provide a copy of the permit to the City. c. Contractor shall submit "Notification of Intent to Perform a Demolition" Form to the MPCA. 9. Miscellaneous Provisions, and Notices a. Contractor shall erect and maintain all necessary barricades and warnings to adequately safeguard workers, adjacent property, and the public. e(t \:f b. The demolition and clearing of the site shall be carried out in such a manner to preclude damage to adjacent property or public right-of-way. c. Water is available at no cost from the City by accessing adjacent hydrants. Please notify New Hope Public Works one week in advance if water is needed. d. Submission of a proposal will constitute an incontrovertible representation by contractor that contractor has complied with every requirement of these specifications and attachments thereto; that without exception the proposal is premised upon performing and furnishing the work including but not limited to the specific means, methods, techniques, sequences, procedures or precautions expressly required by these specifications and attachments thereto; that contractor has received from City satisfactory written resolution of any conflicts, errors, ambiguities, and discrepancies; and that these specifications and attachments thereto are generally sufficient to indicate and convey understanding of the terms and conditions for performing and furnishing the work. 10. Attachments 9 Angstrom Analytical Demolition Survey 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDNYYY) 8/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I M Pr)PTA KIT: !f the Certffie�fn h^Iriar ic nn A nnITWIN A I I KICZ 110 P n, fKa ifi�ltfi�cl mi ict ha anel^rcaH if czi i RP nr,- ATi r)iu ilz wA ivp n Q. 'hi�f f^ the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lee F. Murphy Insurance Group 2361 Highway 36 West .R i- P'=,11 1 MW F, .1; 1 1 CONTACT Darlene Blossom NAME: ONE -720 FAX (PAHIC_K._ E),,,. (6 5 1) 6 4 4 0 1 J.AIC. No): (651)644-9137 E-MAIL -ADDRESS:clblossoin@leefmurphy.com INSURERS) AFFORDING COVERAGE VVA.' T — I Irybum KA:�L1�, �.;urancQ COMLInGLI-1— Y INSURED Nitti Rolloff Services, Inc. PO Box 490726 ,Blaine MN 55449 INSURERBMidwest Employers Cas. 23612 -Co./TBG INSURERC: INSURER D: INSURER E: 1 INSURER F: I COVERAGES CERTIFICATE NUMBER -General Cert, 15/16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR �TR TYPE OF INSURANCE AIJUL INSR bUbKl VVVQ POLICY NUMBER POLICY EFF (MMIDDNYYYI I POLICY EXP I fM1WDDIY`YYY) LIMITS t L LIABILITY GENERA RRENCE $ 1,000,000 KLN I t:U PREMISES (Ea orcurreirim) $ 100,0001 A X COMMERCIAL GENERAL LIABILITY C'I AIM,4MAr)F F_W� OrrUR �D68780 2/1/2015 2/1/2016 'MFn FXP (Anv n— —) 9; oon! ---- ------ I & ADV INJURY $ 1,000,000 -PERSONAL GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY F_X] PRO, JECT F_� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a�ident) $ 1 BODILY INJURY (Per person) $ A ANY AUTO A] I r)VAIMFn q(-.WFnj it Fn Z�6� ---- bUOILY INJW<Y (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAS CLAIMS -MADE. DEE) I X I RETENTION$ 10,00 Is I J68780 /1/2015 2/1/2016 B WORKERS COMPENSATION A NO RAPPLCY, ERS'LIAGIUT YI I X J.M�TATU- OTH_ I IMITS ER �N"Y` YIN E.L. EACH ACC1 DENT $ 1,000,000 PROPRIETORtPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA 08—EWC009074/0001334 2/1/2015 /1/2016 E.L. DISEASE - EA EMPIOYEd $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS belo E.L. DISEASE - POLICY LIMIT 1 $ :L , 000 , 000 =-"'C'S " ��'EC= 1=1. Acc!Z-1 !S I 'A TE City of New Hope 4401 Xylon Avenue No. New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Enge/DMB � C\ . F,� � AL;UKU 25 (201 O/U5) (D 1988-2010 ACORD CORPORAIION. All rights reserved. PURCHASEAGREEMENT This form approved by the MirM80ta AsSociatk)n of REALTOFSO, whlch disclaims any liability arlsIng out of use or misuse of #is form, 0 2014 Minnesota Association of REALTORS-, Edina, MN 1. Date Tobruary 24, 2015 2. Pagel of 11 3. BUYER (S): City of Now 110pe 4. 5. Buyer's earnest money in the amount of 0 6. Dollars ($ 7. shall be delivered to listing broker no later than two (2) Business Days after Final Acceptance Date of this Purchase 8. Agreement. Buyer and Seller agree that listing broker shall deposit any earnest money in the listing broker's trust 9. account within three (3) Business Days of receipt of the earnest money or Final Acceptance Date of this Purchase 10. Agreement, whichever is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 9121 62nd Ave. W- 13. City of New y2RQ County Of HenneVia 14. State of Minnesota, legally described as 15. LOT 001 BLOCK 001 ALLAN HILLS 2ND ADDN 16. 17. Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not 18. limited to, the following (collectively the "Propery): garden bulbs, plants, shrubs, trees, and lawn watering system; 19, shed, storm sash, storm doors, screens and awnings; window shades, blinds; traverse, curtain, and drapery 20. rods, valances, drapes, curtains, window coverings and treatments; towel rods; attached lighting and bulbs; fan fixtures; 21. plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; 22. air exchange system; radon mitigation system; sump pump; TV antennakable TV jacks and wiring/TV Wall Mounts; 23, wall/ceiling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors; 24. fireplace screens, door and heatilators; BUILT-INS: dishwashers; refrigerators; wineibeverage refrigerators; trash 25. compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; intercoms; 26. speakers; air conditioning equipment; electronic air filter; hum idifier/dehumidifier; liquid fuel tanks (and controls); 27, pool/spa equipment; propane tank (and controls); security system equipment; TV satellite dish; AND the fdlowing 28. personal property shall be transferred with no additional monetary value, and free and clear of all liens and emumbrances: 29. 30. 31. Notwithstanding the foregoing, leased fixtures are not included. 32. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 33. 34. 35� Seller has agreed to sell the Property to Buyer for the sum of ($ 130,000.00 36. One Hundred Thirty Tbousand Dollars, 37. which Buyer agrees to pay in the following manner: 38. 1. CASH of 100 percent (%) of the sale price, or more in Buyer's sole ciJiscretion, which irv-Judes the earnest 39. money; PLUS 40. 2. FINANCING of 0 percent (%) of the sale price, which will be the total amount Secured against this 41. Property to fund this purchase. 42. Such financing shall be (check one) F-� a first mortgage; [:] a contract for deed; or F] a first mWgage with 43. subordinate financing, as described in the attached Addendum: 44. F-1 Conventional F-1 FHA F� DVA [] Assumption 0 Contrvct for D"d 0 Other: -(Ctm-t --) - - ---------------------- ---- --- 45. The date of closing shall be on or b*fore 5/31 -,20 15 MN:PA-1 (8/14) ftsg& PURCHASE AGREEMENT 46. Page 2 Date Februanr 24, 2015 47, Property located at 91-21 62ad Avo. N. New Hop* UN 55428 48. This Purchase Agreement [J IS R] IS NOT subject to an Addendum to Purchase Agreement Sale of Buyer's Property 49. Contingency for sale of Buyer's property. (if answer is IS, see attached Addendum,) 50. (if answer is IS NOT, the closing of Buyer's property; if any, may still affect Buyer's ability to obtain financing, if financing 51. is applicable.) 52. This Purchase Agreement IS FK IS NOT subject to cancellation of a previously written purchase agreement 53. dated 20 _. (If answer is IS, said cancellation shall be obtained no later than 54. 20 _. If said cancellation is not obtained by said date, this Purchase Agreement 55. is canceled. Buyer and Seller shall immediately sign a Cancellation ofPurchase Agreement confirming said cancellation 56. and directing all earnest money paid hereunder to be refunded to Buyer.) 57. Buyer has been made aware of the availability of Property inspections. Buyer L] Elects R] Declines to have a 58. Property inspection performed at Buyer's expense. 59. This Purchase Agreement F IS FX IS NOT subject to an Addendum to Purchase Agreement. Inspection ContingenW 60. (it answer is IS, see attached Addendum.) 61. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one): 62. [_� Warranty Deed, FX� Personal Representative's Deed, D Contract for Deed, [] Trustee's Deed, or 63. F1 Other: Deed joined in by spouse, if any, conveying marketable title, subject to 64. (a) building and zoning laws, ordinances, and state and federal regulations; 65. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; 66. (c) reservation of any mineral rights by the State of Minnesota; 67. (d) utility and drainage easements which do not interfere with existing improvements; 68, (e) rights of tenants as follows (unless specified, not subject to tenancies): 69. ;and 70. (f) others (must be specified in writing): 71. 72. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 73. including all penalties and interest. 74. Buyer shall pay nX PRORATED FROM DAY OF CLOSING 12ths OF 0 ALL [J No real estate taxes due .... I - - --------- . ........ . .. . .... .. . . . .......... (Check OM.) -- - -- - ------ - ---- - ---- - -------- - ------ - ---- - ----------------- 75. and payaUe in the year 20 Is 76. Seller shall payR] PRORATEDTO DAY OF CLOSING []_12ths OF [] ALL E No real estate taxes due and --- - ----- - --- - - - ------ 77. payable in the year 20 15 . If the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted 78. to the new closing date. If the Property tax status is a part- or non -homestead classification in the year of closing, Seller 79, f_1 SHALL R] SHALL NOT pay the difference between the homestead and non -homestead. .............. . . (Check . ..... 80. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 81. is not otherwise herein provided. No representations are made concerning the amount of subsequent real estate Wes. 82. DEFERRED TAXES/SPECIAL ASSESSMENTS: 83. n BUYER SHALL PAY nX SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green - - --- - -- - ------ - ---- - --- --(Choc* 84. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 85. n BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING X SELLER SHALL PAY ON - . ................... . .......... - - ------ - ............. . . . - -------- - -------- - ---- 86. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 8T payable in the year of closing. MN:PA-2 (8/14) law& PURCHASE AGREEMENT 88. Page 3 Date February 24, 2015 89. Property located at 9121 62nd hv*. K. New Hop* WX 55428 90, F� BUYER SHALL ASSUME F)_CJ SELLER SHALL PAY on date of closing all other special assessments levied as . ........ (0mck o-� ------- - --- - - -- . ............. - ------- - 91. of the date of this Purchase Agreement. 92. F-1 BUYER SHALL ASSUME g SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as --_(Cho<* - ---- - ---------- - - - ------ 93. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 94. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments 95. or less, as required by Buyer's tender.) 96. Buyer shall pay any unpaid special assessments payable in the year Wowing closing and thereafter, the payment of 97. which is not otherwise herein provided. 98. As of the date of this Purchase Agreement, Seller represents that Seller 7 HAS 7X HAS NOT received a notice ----------- 99. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 100. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 101. shall be provided to Buyer immediately. If such notice is issued after the date of this Purchase Agreement and on 102. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 103. for the payment of or assume the special assessments. In the abs&noe of such agreement, either party may declare 104. this Purchase Agreement canceled by written notice to the other part)4 or licensee representing or assisting the other 105. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 106. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 107. directing all earnest money paid hereunder to be refunded to Buyer. 108, POSSESSION: Seller shall deliver possession of the Property no later than instantly after dosing. 109, Selleragrees to removeALL DEBRIS AND ALLPERSONAL PROPERTY NOT INCLUDED HEREINIrom the Property 110. by possession date. ill. PRORATIONS: All interest; unit owners'association dues; rents; and charges for city water, city sewer, electricity and 112. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of 113. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 114. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement: 115. (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the Property, it 116. in Seller's possession or control, to Buyer or Buyer's designated title service provider; and 117. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including 118. but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney's 119. title opinion at Buyer's selection and cost and provide a copy to Seller. 120. Seller shall use Seller's best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 121. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 122, following: 123. In the event Seller has not provided marketable title by the date of closing, Seller shall have an addlitional 30 days to 124. make title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In addition to 125. the 30 -day extension, Buyer and Seller may, by mutual agreement, further extend the closing date. Lacldng such 126. extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or 127. licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. 11 either 128, party declares this Purchase Agreement canceled, Buyer and Seller shall Immediately sign a Cancellation of 129. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded 130. to Buyer. 131, SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land 132. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 133. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 134. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 135. of the Property. Seller warrants that there is a right of access to the Property from a public right -of -way. 136. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for ah labor, materials, 137. machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with 138. construction, alteration or repair of any structure on, or improvement to, the Property. MN:PA-3 (8/14) PURCHASE AGREEMENT 139. Page 4 Date February 24, 20i5 140. Prop" located at 9121 62nd Ave. K. Now Hope NN 55428 141. NOTICES. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 142. proceedings, or violation of any law, ordinance or regulation. If the Prop" is subject to restrictive covenants, Seller 143, warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 144. such notices received by Seller shall be provided to Buyer immediately. 145. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided 146. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verity the accuracy of 147. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. 148. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 149. inspections agreed to herein. 150. RISK OF LOSS: If there is any loss or damage to the Prop" between the date hereof and the date of closing for any 151. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. 11 the Property 152. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 153. by written notice to Seller or licensee representing or assisting Seller, If Buyer cancels this Purchase Agreement, 154. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 155. directing all earnest money paid hereunder to be refunded to Buyer. 156. TIME OF ESSENCE. Time is of the essence in this Purchase Agreement. 157. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) 158. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) 159. ending at 11:59 P.M. on the last day. 160, BUSINESS DAYS: -Business Days" are days which are not Saturdays, Sundays or state or federal holidays unless 161. stated elsewhere by the parties in writing. 162. RELEASE OF EARNEST MONEY. Buyer and Seller agree that the listing broker shall release earnest money from the 163. listing broker's trust account: 1) at or upon the successful closing of the Property; 2) pursuant to written agreement 164. between the parties, which may be reflected in a Cancellation of Purchase Agreement executed by both Buyer and 165. Seller; 3) upon receipt of an affidavit of a cancellation under MN Statute 559.217-, or 4) upon receipt of a court order. 166. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may cancel this Purchase Agreement, and any 167. payments made hereunder, including earnest money, shall be retained by Seller as liquidated damages and Buyer 168. and Seller shall aff Irm the same by a written cancellation agreement. 169. If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement under the 170. provisions of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. If either Buyer or Seller defaults 171. in any of the agreements hereunder or there exists an unfulfilled condition after the date specified for fulf illment, either 172. party may cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that 173- this Purchase Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation 174. under MN Statute 559.217, Subd. 4. 175. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 176. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 177. specific performance, such action must be commenced within six (6) months after such right of action arises. 178. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING To 179, ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 180. THIS PURCHASE AGREEMENT. 181. BUYER HAS RECEIVED A (check any that apply): 7 DISCLOSURE STATEMENT., SELLER'S PROPERTY OR A 182. &] DISCLOSURE STATEMENT.- SELLER'S DISCLOSURE ALTERNATIVES FORM, 183. DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement. Seller's Property or Disdosure Statement., 184. Seller's Disclosure Allematives for description of disclosure responsibilities and limitations, if any 185. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 186. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY 187, AND ITS CONTENTS. MNTA-4 (8/14) 'I, - =1' PURCHASE AGREEMENT 188. Page 5 Date February 24, 20iS 189. Property located at 912 1 62nd Ave. N. Now Hope NN 55428 190. (Check appropriate boxes.) 191. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 192. CITY SEWER R]YES 0 NO / crry WATER gjYES F] NO 193, SUBSURFACE-SEWAGETgEATMENTSyST M 194. SELLER DOES *1 DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR (Chock _4 - --------- - -- 195. SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disdosure 196. Statement Subsurface Sewage Treatment System.) 197. PRIVAI -WELL ITF 198. SELLER Ej DOES F)C� DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. 199. (If answer is DOES and well is located on the Propert)4 see Disclosure Statement. Well.) 200. THIS PURCHASE AGREEMENT F-1 IS FK� IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT. 201. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 202, (if answer is IS, see attached Addendum.) 203. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 204. RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT. SUBSURFACE SEWAGE 205. TREATMENT SYSTEM. 206, NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 207. registry and persons registered with the predatory offender reglsb-y under MN Statute 243.166 maybe obtained 208. by contacting the local law enforcement offices in the community where the Property is located or the Minnesota 209. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 210. www.corr.state.mn.us. 211. HOME PROTECTIONIWARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 212. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 213. exclusions, limitabons and service fees. Most plans exclude pre-existing conditions. (Check one-) 214, F] A Home Protection/Warranty Pian will be obtained and paid by[:]BUYER [j SELLER to be issued by --------------- (Check 215. at a cost not to exceed $ 216. 9 No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 217. to purchase a Home PrcltectiorVWarranty Plan. 218. 219. Anthony Hawk (Ucensee) 220. Hawk Realty CwV"y (Roal Estate Company Name) 221. 222. 223. (boansee) (Real Estate Company Name) NOTICE is FK] Seller's Agent [] Buyer's Agent [I Dual Agent F-1 Facilitator. __rvfv.� ---------------- is 0 Seller's Agent E] Buyer's Agent D Dual Agent 0 Facilitator. --- - --- ofwj -- - ----- THIS NOTICE DOES NX SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8114) A'. III PURCHASE AGREEMENT 224. Page 6 Date February 24, 2015 225. Properly located at 9121 62nd Xve. M. Now 14nn's HN 55428 226. DUAL AGENCY REPRESENTATION 227. PLEASE CHECK DBZOF THE FOLLOWING SELECTIONS: 228, Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 229-245. 229. Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 230-245. 230, Broker represents both the Setler(s) and the Buyer(s) of the Property involved in this transaction, wNch creates a 231. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 232, the parties may have conflicting Interests, Broker and its salespersons are prohibited from advocating exclusively for 233. either party� Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 234. Seller(s) and Buyer(s) acknowledge that 235, (1) confidential informabon communicated to Broker which regards price, terms, or motivation to buy or sell will 236. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 237. information will be shared; 238. (2) Broker and ft salespersons will not represent the interest of either party to the detriment of the other; and 239. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 240. the sale. 241. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 242. and its salesperson to act as dual agents in this transaction. 243. Seller Buyer 244, Seller Buyer 245. Date Date 246. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 247. cash outlay at closing or reduce the proceeds from the sale. 248. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall 249. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 250. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 251, Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seller and 252, Buyer or by operation of law, All monetary sums are deemed to be United States currencytor purposes of this Purchase 253. Agreement. 254. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 255. transaction constitute valid, binding signatures. 256. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 257. must be delivered. 258. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 259. for deed. 260. OTHER: 261, 262. 263. 264. 265. 266. 267. MNTA-6 (8/14) PURCHASE AGREEMENT 268. Page 7 Date February 24, 2015 269. Property located at 9121 62nd Ave. N. Now Hope WN 55428 270, ADDENDA AND PAGE NUMBERING: Attached addenda are a part of this Purchase Agreement. 271. Enter total number of pages of this Purchase Agreement, Including addenda, on line two (2) of page one (1). 272. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement and should 273, not be part of the page numbering. 274. 1, the owner of the Property, accept this Purchase I agree to purchase the Property for the price and on 275. Agreement and authorize the listing broker to withdraw the terms and conditons set forth above 276. said Property from the market, unless instructed I have reviewed all pages of this Purchase 277. otherwise in writing. Agreement. 278. 1 have reviewed all pages of this Purchase Agreement. 279. F1 If chocked, this Purchase Agreement Is subject to 280. attached Addendum to Purchase Agreement. 281. Counteroffer. 282. X 64),h(Vi JO 0-:LC�- Tk,,,5"�* k- X �twiers Signature) 7 fi ud /r:� (Buyers Signature) (Date) 283, X U"WA Utedt � P.M. for eNtate of Adrsy Z*1� (Selier's Printed Nam) 284. X (Mar"al St&tM) 285. X (Sellees Signature) (Date) 286. X (Seller's Printed Nam) 287. X (Marital Status) X city Of New Hope (Buyers Printed Narne) X (Marital Status) X (Buyers Signature) X (Buyers Printed Nam) X (Madw status) 288. FINAL ACCEPTANCE DATE: 289. is the date on which the fully executed Purchase Agreement is delivered. (Date) The Final Acceptance Date 290. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER($). 291. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 292. 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITYTO REVIEWTHE DISCLOSURE 293. STATEMEAfT-ARBfTRATIONDfSCLOSUREANDRESIDEAMALRF-ALPROPERTYARBITRATIONAGREEMF-NT, 294. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PA7��FT�IS PURCHASE AGRE ENT. 295. BUYER(S) Liad. mtd� ft� —t�t- -f P�dW K-�I-- 01 City of Now Hope 296, SELLER(S) f -Y 17-areJ' Pis, BUYER(S) MN:PA-7 (8114) F =u - =- ff ADDENDUM TO PURCHASE AGREEMENT, BUYER PURCHASING "AS IS" AND LIMITATION OF SELLER LIABILITY This form approved by the Minnesota Association of REALTORS'O, which disclaims arry liability aria" out of use or misuse of this form. 0 2014 Wrinesota. Association of REALTORS*, Edina, MN 1, Date February 24, 2015 2. Page 8 of 11 1 IN THE EVENT SELLER HAS COMPLETED, AND BUYER HAS RECEIVED9 A 4. SELLER'S PROPERTY DISCLOSURE STATEMENT, DQ NOT USE THIS 5. ADDENDUM WITHOUT FIRST SEEKING LEGAL ADVICE. 6. Addendum to Purchase Agreement between parties, dated February 24 12015 7. pertaining to the purchase and sale of the Prop" located at 9121 62nd Ave, N. 8. NOW Hope HN 55428 9. Limitation of Sgifer Uabilily The Prop" is being sold in its existing condition. Buyer acknowledges that the Property, 10. including all improvements, is being sold on an "As -is' and -Where-le basis, with all existing faults, Prior to closing, 11. Buyer will make such inspections of the Property as are consistent with the terms of this Purchase Agreement in order 12. to satisfy Buyer as to the condition of the Property. The Seller warranties contained in the Purchase Agreement shall 13. remain unmodified by this Addendum. 14. The'Risk of Loss�'provisions of the Purchase Agreement (lines 150-155) shall remain unmodified by this Addendum. 15. Seller and Buyer shall execute a Seller's Disclosure Alternatives with the "Waiver" section completed. Seller remains 16. obligated to make "Other Required Disclosures" in the Disclosure Statement Seller's Disclosure AlterriatMes. Except 17. for "Other Required Disclosures," Buyer acknow"es that Seller has not made any oral or written representations 18, regarding the condition of the Property subject to this Purchase Agreement. By accepting delivery of the deed at closing, 19. Buyer will be deemed to have accepted the condition of the Property subject to this Purchase Agreement as satisfactory 20. to Buyer, and Seller shall have no liability with respect to the condition of such Property. Buyer waives any claims 21, related in any way to the condition of the Property. 22. WARNING: THIS ADDENDUM WILL AFFECT THE LEGAL RIGHTS OF BUYER 23, AND SELLER. BUYER AND SELLER ARE STRONGLY ENCOURAGEDTO OBTAIN 24. LEGAL ADVICE BEFORE AGREEING TO T" -,S- ADDENDUM. I I - — -N �, -\r\ 2 5. YAnnC,�(Z 00 fW lie e;S *a 4- C14) (saiwa-Signature) lvvdr,�I" 26. (SaWrs Signature) (Date) (Buyer's SVwture) (Date) 27. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 28. -IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:APA:Al (8/14) 3. 4. .1 ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Assadation of REALTORS, which disclaims any liability arising out of use or misuse of this form. 0 2009 Minnesota Association of REALTORSO, Edina, MN 1. Date February 24, 2015 2. Page 9 of 11 Addendum to Purchase Agreement between pardes, dated February 24, 2015 1 pertaining to the purchase and sale of the property at Now Hope, MIN 55428 9121 62nd Ave. N. 6. Section 1: Lead Warning Statement 7. Everybuyerof anyinterest in residential real property on which a residentialdwelling was builtpriorto 1978 is notified 8. that such property may present exposure to lead from lead-based paint that may place young children at risk of 9. developing leadpoisoning. Leadpoisoning inyoung children may produce permanent neurological damage, including 10. leaming disabilities, reduced intelligence quotient, behavioral problems and impaired memory, Lead poisoning also 11. poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide 12. the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's 13. possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible 14. lead-based paint hazards is recommended prior to purchase. 15. Seller's Disclosure (initial) 16. (a) Presence of lead-based paint and/or lead-based paint hazards. 17. (Check one below) 18. Known lead-based paini and/or lead-based paint hazards are present in the housing 19. (explain�. 20. 21. FK� Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. 22. (b) Records and reports available to the seller. 23. (Check one below.) 24. Fj Seller has provided Buyer with all available records and reports pertaining to lead-based paint 25. and/or lead-based paint hazards in the housing (list documents below): 26. 27. XC Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards 28. in the housing. 29. Buyer's Acknowledgment (initial) 30. (c) Buyer has received copies of all information listed under (b) above. 31. (d) Buyer has received the pamphlet, Protect Your Family from Lead in Your Home. 32, (e) Buyer has (check one below): 33. E] Received a 1 0 -day opportunity (or mutually agreed-upon period) to conduct a risk assessment 34. or inspection for the presence of lead-based paint and/or lead-based paint hazards (it checke4d� 35. see Section 11 on page 2); or 36. �<Waivecl the opportunity to conduct a risk assessment or inspection for the presence of lead - 37. based paint and/or lead-based paint hazards. TLX:SALE-1 (W09) JIMA& ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 38. Page 10 of 11 39. Property located at 9121 62nd AVe. N. New Hope, MN 55428 40. Real Estate Licensee's Acknowledgement (initial) 41. (f) Real estate licensee has informed Seller of Seller's obligations under 42 U.S.C. 4852(d) and is aware 42. of licensee's responsibility to ensure compliance, 43. Certification of Accuracy 44. The following parties have reviewed the information above and certify, to the best of their knowledge, that the information 45. provided by the signatory is true and accurate, 46, 04&i2l -(�� 1�� e�_� -,cc, -k !!/, (SeHer) U0117�/ Xk- (Buyer) (Date) 47. (Date) �Buyer) (Date) 48, _5 (Real EstaAbeensee) Anthony Hawk (Date) (Real Estate Licensee) (Date) 49. Section III: Contingency (Initial only if first box under (e) is checked in Buyer's Acknowledgment above.) 50, This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead - 51. based paint and/or lead-based paint hazards to be conducted at Buyer's expense. The assessment or inspection 52. shall be completed within 0 ten (110) [_� calendar days after Final Acceptance of the Purchase Agreement. (Check one.) ---- —_ 53. This contingency shall be deemed removed, and the Purchase Agreement shall be in full force and effect, unless Buyer or 54. real estate licensee representing or assisting Buyer delivers to Seller or real estate licensee representing or assisting 55. Seller, within three (3) calendar days after the assessment or inspection is timely completed, a written list of the specific 56. deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. It Seller 57. and Buyer have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections 58, that: (A) some or all of the required corrections will be made; or (8) Buyer waives the deficiencies; or (C) an adjustment to 59. the purchase price will be made; this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a 60. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to 61. be refunded to Buyer. It is understood that Buyer may unilaterally waive deficiencies or defects, or remove this contingency 62. providing that Buyer or real estate licensee representing or assisting Buyer notifies Seller or real estate licensee 63. representing or assisting Seller of the waiver or removal, in writing, within the time specified. TLKSALE-2 (8109) ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of RFALTORS9, which disclaims any liability arising out of use or misuse of this form. 0 2011 Minnesota AssociaVon of REALTORS*, Edina, MN 1. Date February 24, 2015 2. Page 11 of 11 3. Addendum to Purchase Agreement between parties, dated February 24 _, 20 15 pertaining to the 4. purchase and sale of the property at 9121 62ad Ave. N. 5, New Hope, UK 55428 6. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language 7. in this Addendum shall govern. 8. The Purchase Agreement is contingent on the following: 9. (1) Review and approval of the terms of the Purchase Agreement by the 10. New Hope City Council; and 11- (2) An acceptable environmental review of the Property to be performed 12. by Hennepin County. 13. If either of the above contingencies are not met, Buyer may declare 14. this Purchase Agreement canceled by written notice to Seller, or 15. licensee representing or assisting Seller, in which case this Purchase Agreement is canceled. If Buyer declares this Purchase Agreement 16. canceled due to the failure of one of the above contingencies, Buyer 17. and Seller shall imm diately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 18, hereunder to be refunded to Buyer. 19, 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31, 32. 33. 34. Seller will not be required to complete the City of New Hope Point of Sale inspection. All parties agree to adjust the closing date, if necessary, to accommodate the completion of probate for the seller's estate. (seller) apq( ,,arryl )e&- .,�(Date) (Buyer) {Date) Y//// 5— (Seller) (Date) (Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -APA (8111) (Date) DISCLOSURE STATFMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT Thiis form approved by the Minnesota Associabon of REALTORSO, which disclaims any liability arising oLit of use or misuse of this form. 0 2014 Mininesota Association of REALTORS*, Edina, MN 1. Page I ARBIT RATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclo�ure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding art(itration or by a court of law. By agreeing 5. to binding arbitration, you give up yotk right to go to court. By signing the RESIDENTIAL REAL PROPERTY 6. ARBITRATION AGREEMENT (-ARBITRATION AGREEMENT") on page two (2), you agree to binding arbitration under the 7. Residential Real Property Arbitration System ("Arbitration System") administered by National Center for Dispute Settlement 8. ("NCDS") and endorsed by the Minnesota Association of REALTORS* ("MNAR"). The ARBITRATION AGREEMENT is 9. enforceable only if it is signed by all buyers, sellers and licensees representing or assisting the buyers and the sellers. 10. The ARBITRATION AGREEMENT is not part of the Purchase Agreement. Your Purchase Agreement will still be 11. valid whether or not you sign the ARBITRATION AGREEMENT. 12. The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It 13. is not government sponsored. NCDS and the MNAR jointly adopt the rules that govern the Arbitration System. NCDS 14. and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of 15, NCDS. 16. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the prop", excluding 17. disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims 18. of fraud, misrepresentabon, warranty and negligence. Nothing in this Agreement limits other rights you may have under 19, MN Statute 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to 20. arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that 21, regulates the real estate profession, about licensee compliance with state law. 22. The administrative fee for the Arbitration System varies depending on the amount of the claim, but it is more 23. than initial court filing tees. In some cases, conciliation court is cheaper than arbitration. The maximum claim allowed 24. in conciliation court is $15,000. This amount is subject to future change. In some cases, 4 is quicker and less expensive 25. to arbitrate disputes than to go to court, but the time to file your claim and pre -hearing discovery rights are limited. The 26. right to appeal an arbitrator's award is very limited compared to the right to appeal a court decision. 27. A request for arbitration must be filed within 24 months of the date of the closing on the property or 28. else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24 -month 29, lim[tatlon period provided herein. 30, A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with 31. NCDS. NCDS notifies theother party who mayfile a response. NCDS workswith the partiesto select and appoint anarbitrator 32. to hear and decide the dispute, A three -arbitrator panel will be appointed instead of a single arbitrator at the request 33, of any party. The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law, real estate, 34, architecture, engineering, construction or other related fields. 35. Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days 36. in advance. A party may be represented by a lawyer at the hearing, at the parb/s own expense, if he or she gives five 37. (5) days advance nofice to the other party and to NCDS. Each party may present evidence, including documents or 38. testimony by witnesses. The arbitrator must make any award within 30 days from the final hearing date.The award must 39. be in wribng and may provide any remedy the arbitrator considers just and equitable that is within the scope of the 40. parties'agreement. The arbitrator does not have to make findings of fact that explain the reason for grantng or denying 41. an award. The arbitrator may require the party who does not prevail to pay the administrative fee. 42. This Arbitration Disclosure provides only a general description of the Arbitration System and a general 43. overview of the Arbitration System rules. For specific information regarding the administrative fee, please see the 44. Fee Schedule located in the NCDS Rules. Copies of the Arbitration System rules are available from NCDS by calling 45. (866) 777-8119 or (866) 727-8119 oron theWeb at www.ncdsusa.org orfrom your REALTOR". If you have any questions 46. about arbitrabon, call NCDS at (866) 777-8119 or (866) 727-8119 or consult a lawyer. MN:DS:ADRAA-1 (8/14) '.. I F_ I 1� oil - DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 47. Page 2 48. THIS IS AN OPTIONAL, VOLUNTARY AGREEMENT. 49. READ THE ARBITRATION DISCLOSURE ON PAGE ONE (1) IN FULL BEFORE SIGNING. 50. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. For the property located at 9121 92nd Ave. N. 52. City of New Hope , County of Hennepin , State of Minnesota. 53. Any dispute between the undersigned parties, or any of them, about or relating to material facts affecting the use or 54. enjoymentof the property, excluding disputes related to title issues of the property covered by the Purchase Agreement 55. 56. 57. 58. 59. 60. 61. 62. 63, 64. 65. 67 M. -I dated , 20 - , including claims of fraud, misrepresentation, warranty and negligence, shall be settled by binding arbitration. Nabonal Center for Dispute Sedement shall be the arbitrabon service provider. The rules adopted by National Center for Dispute Settlement and the Minnesota Associabon of REALTORSO shall govern the proceeding(s). The rules that shall govern the proceeding(s) are those rules in effect at the time the Demand for Arbitration is filed and include the rules specified in the Arbitration Disclosure on page one (1). This Agreement shall survive the delivery of the deed or contract for deed in the Purchase Agreement This Agreement is only enforceable if all buyers, sellers and licensees representing or assisting the buyers and sellers have agreed to arbitrate as acknowledged by signatures below. For purposes of this Agreement, the signature of one licensee of a broker shall bind the broker and all licensees of that broker. (Sellers *nature) (Date) (Weee Pfinted Name) (Sellers Signature) (Date) (Sellers Printed Name) (Lioenwe Rapftwentingl or Assisting Squo (Data) Anthony Hawk ( L� t�f (Buyers Signature) I (Date) (Buyers Printed Name) (Buyers Signaue) I (Date) (Buyers Printed Name) (Licensee RepresentiN or Assisting t1uYS4 (Date) 69. (coffkwrry Name) Hawk Realty Company (Com�rvy Name) 70. THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT 71. BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER. MN:DS:ADRAA-2 (8/14) Community Development Block Grant (CDBG) Your ramifwdon to PURCHASE AGREEMENT ADDENDUM WWW -11. USIHennepinCouttty, milviesola Non -Eminent Domain Purchase This Community Development Block Grant Program Addendum (Add m) is to be made part of the Purchase Agreement (Agreement) dated Fe 7-41 llz� F -, 20 Lf,- between /_ i A64 ---d -t- as P, ±�X e5jak Q� A vglt�V !� �("Sel ler) and 7A.e C - h g(- (Buyer), for t . he property located at: cp.? A a V, MN, (the Property). A. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of an environmental review and receipt by Hennepin County under 24 CFR Part §58. The parties further agree that the provision of any fund to the purchase is conditioned on Hennepin County's determination to proceed with, modify or cancel the purchase based on the results of said environmental review. Further, the buyer shall not undertake or commit any funds to physical or choice -limiting actions, including property acquisition, demolition, movement, rehabilitations, conversion, repair, construction, or execution of a construction contract prior to the environmental clearance, as denial of any funds to purchase may result. B, Disclosure to $Qller with VQ]Unta[y, Arm's Length Purchase Offe This is to inform you the Buyer would like to purchase the property under this Agreement if a satisfactory agreement can be reached. This purchase may receive funding assistance from the U.S. Department of Housing and Urban Development (HUD). Please be advised that the Buyer will not be acquired through condemnation if negotiations do not reach an amicable agreement. In the event we cannot reach an amicable agreement for the purchase of your property, the Buyer will not pursue this proposed acquisition. The property is listed for purchase at (s)AA `X)ol Zis7q The Buyer is prepared to offer you ($) Z-3 0 j Oo 0 to purchase your property and receive clear title to the property'under the conditions described in the attached Agreement. The Buyer believes this amount represents the current market value of your property. Since the purchase would be a voluntary acquisition, arm's length transaction, you would not be eligible for relocation payments or other relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). Seller's Initials Buyer's Initials Page I of 2 In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), owner -occupants who move as a result of a voluntary acquisition are not eligible for relocation assistance. A tenant -occupant who moves as a result of a voluntary acquisition for a federal ly-assisted project may be eligible for relocation assistance. Such displaced persons may include not only current lawful occupants, but also former tenants required to move for any reason other than an eviction for cause in accordance with applicable federal, state, and local law. If your property is currently tenant -occupied or a tenant lawfully occupied your property on or after February 17, 2009, we need to know immediately. Further, you should not order current occupant(s) to move, or fail to renew a lease, in order to sell the property to us as vacant. Also, as indicated in the contract of sale, this offer is made on the condition that no tenant will be permitted to occupy the property before the sale is complete. Again, if you do not wish to sell the property, the Buyer will take no further action to acquire it. If you are willing to sell the property under the conditions described in this Agreement, please sign the Agreement and initial this Addendum. Your signature on the Agreement and your initials on this Addendum constitute acknowledgement that you have received this disclosure. Please contact the Buyer if you have any questions about this disclosure. Seller's Initials Page 2 of 2 Buyer's Initials_A:�\ DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES This form approved by the Minnesota Association of REALTOW, which disciaims any Uability arising out of use or misuse of this form. 0 2014 Minnesota Association of REALTORS6, Edna, WIN 1. Date Feb=uary 24, 2015 2. Page 1 of 7 - pages: RECORDS AND 3. REPORTS, IF ANY, ARE ATTACHED HERETO AND 4. MADE A PART HEREOF 5. Property located at 9121 62iid Ave. N. 1 6. City of - - - - - New Hope I - , County of Hennepin State of Minnesota. 7. NOTICE: Sellers of residential propert)6 with limited exceptions, are obligated to satisfy the requirements of MN Statutes 8. 513.52 through 513.60. To comply with the statute, Sailer must provide either a written disclosure to the 9. prospective Buyer (see Disclosure Statement: Seller's Property Disclosure Stateme" or satisfy one of the 10. following two options. Disclosures made herein, if any, are not a warranty or guarantee of any kind by Seller or 11. licensee(s) representing or assisting any party in this transaction and are not a substitute for any inspections or 12. warranties the party(ies) may wish to obtain. 13. (Select one option only.) 14. 1) [3 OUALIFIED THIRD -PARTY INSPECTION: Seller shall provide to prospective Buyer a written report that 15. discloses material information relating to the real property that has been prepared by a qualified third party, 16. "Qualified third party" means a federal, state or local governmental agency, or any person whom Seller or 17. prospective Buyer reasonably believes has the expertise necessary to meet the industry standards of practice 18, for the type of inspection or investigation that has been conducted by the third party in order to prepare the 19. written report. 20. Seller shall disclose to prospective Buyer material facts known by Seller that contradict any Information 21. that is Included In a written repoM or material facts known by Sailer that are not Included In the 22, report, 23, The inspection report was prepared by 24. 25. and dated 120-. 26. Seller discloses to Buyer the following material facts known by Seller that contradict any information included 27. in the above referenced inspection report. 28. CM 31. Seller discloses to Buyer the following material facts known by Seller that are not included in the above 32. referenced inspection report, 33. 34. 35. 36. 2) R1 WAIVER: The written disclosure required maybewalved ilSellerand prospective Buyer agree in writing, Seller 37. and Buyer hereby waive the written disclosure required under MN Statutes 513.52 through 513.60. 38. NOTE: If both Seller and prospective Buyer agree, in writing, to waive the written disclosure required under 39, MN Statutes 513.52 through 513.60, Seller is not obligated to disclose ANY material facts of which Seller 40, is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property or any 41. intended use of the prop", other than those disclosure requirements created by any other law. Seller is 42. not obligated to update Buyer on any changes made to material facts of which Seller is aware that could 43. adversely and significantly affect the Buyer's use or enjoyment of the property or any intended use of the 44. property that occur, other than those disclosure requirements created by any other law. 45. Waiver of the disclosure required under IVIN Statutes 513.52 through 513.60 does not waive, limit or 46. abridge any obligation for Seller disclosure created by any other law. MN:VS:SDA-1 (8/14) DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 47. Page 2 48. Property located at 9121 62nd Ave. N. Now Hope MN 55428 49. OTHER REQUIRED DISCLOSURES: 50. NOTE: In addition to electing one of the above alternatives to the material fact disclosure, Minnesota law also 51. requires sellers to provide other disclosures to prospective buyers, such as those disclosures listed below. 52. Additionally, there may be other required disclosures by federal, state, local or other governmental entities 53. that are not listed betow. 54. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 55, disclosure is required by MN Statute 115.55.) (Check appropriate box.) 56. Seller certifies that Seller F-1 DOES [8] DOES NOT know of a subsurface sewage treatment system on or serving ............. . ..... 57. the above-described real property. (if answer is DOES, and the system does not require a state permit, see 58. Disclosure Statement., Subsurface Sewage Treatment System.) 59. There is a subsurface sewage treatment system on or serving the above-described real pfoperty. 60. (See Disclosure Statement: Subsurface Sewage Treatment System.) 61. There is an abandoned subsurface sewage treatment system on the above-described real property. 62. (See Disclosure Statement: Subsurface Sewage Treatment System.) 63. B. PRIVATE WELL DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 1031.235.) 6.4. (Check appropriate box) 65. F�7 Seller certifies that Seller does not know of any wells on the above-described real property. icki 66. F1 Seller certifies there are one or more wells located on the above-described real property. 67, (See Disclosure Statement. Well.) 68. Are there any wells serving the above-described property that are not located on the property? F_� Yes No 69. To your knowledge, is the property in a Special Well Construction Area? [:]Yes No 70. Comments; 71. 72. 73. C. VALUATION EXCLUSION DISCLOSURE: (Required by MN Statute 273.11, Subd. 16) 74. There IS X] IS NOT an exclusion from market value for home improvements on this property. Any valuation -'(Check one+ ------- 75. exclusion shall terminate upon sale of the property, and the propertys estimated market value for properly tax purposes 76. shall increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 77. consequences. 78, 79. 80. Addibonal comments: 81. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 82. (A methamphetamine production disclosure is required try MN Statute 152.0275, Subd. 2 (m).) 83. FK_j Seller is not aware of any methamphetamine production that has occurred on the property. 84. Seller is aware that methamphetamine production has occurred on the property. 85. (See Disclosure Statement, Methamphetamine Production.) MN:DS:SDA-2 (8114) OF DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 86. Page 3 87. Property located at 9121 62nd Ave. K. New Hope MR 55428 88. E. RADON DISCLOSURE: 89, (The following Seller disclosure satisfies MN Statute 144.496.) 90. RADON WARNING STATEMENT: The Minnesota Department of Health strongly recommends that ALL 91. homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having 92. the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can easily 93. be reduced by a qualified, certi-fied, or licensed, if applicable, radon mitigator. 94. Every buyer of any interest in residential real property is notified that the property may present exposure to 95. dangerous levels of indoor radon gas that may place occupants at risk of developing radon -induced lung cancer. 96. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading 97. cause overall. The seller of any interest in residential real property is required to provide the buyer wfth any 98. information on radon test results of the dwelling. 99. RADON IN REAL ESTATE: By signing this Statement, Buyer hereby acknowledges receipt of the Minnesota 100. Department of Health's publication entitled Radon in Real Estate Transactions, which can be found at 101. www.heafth-state.mn,usidivs/ehlindoorair/radonlrnrealestateweb.pdf. 102. A seller who fails to disclose the information required under MN Statute 144.496, and is aware of material facts 103. pertaining to radon concentrations in the property, is liable to the Buyer. A buyer who is injured by a violation of MN 104. Statute 144.496 may bring a civil action and recover damages and receive other equitable relief as determined by 105. the court. Any such action must be commenced wtthin two years after the date on which the buyer closed the 106. purchase or transfer of the real property. 107. SELLER'S REPRESENTATIONS: The following are representations made by Seller to the extent of Seller's actual 108. knowledge. 109. (a) Radon test(s) D HAVE [5HAVE NOT occurred on the property. -------- - --- (Check ofw.� --------------- 110. (b) Describe any known radon concentrations, mitigation, or remediation. NOTE: Seller shall attach the most Ill. current records and reports pertaining to radon concentration within the dwelling. 112. 113. 114. 115. (c) There D is L�J IS NOT a radon mitigation system currently installed on the property. ..-...(Check -) -------- 116. If "IS," Seller shall disclose, 0 known, information regarding the radon mitigafion system, including system 117. description and documentation. 118. 119. 120. 121. F NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property may be in or near an airport safety zone 122. with zoning regulations adopted by the governing body that may affect the property. Such zoning regulations are 123. filed with the county recorder in each county where the zoned area is located. If you would like to determine if such 124, zoning regulations affect the property� you should contact the county recorder where the zoned area is located. 125. G. NOTICE REGARDING CARBON MONOXIDE DETECTORS: 126. MN Statute 299F.51 requires Carbon Monoxide Detectors to be located within ten (10) feet from all sleeping 127. rooms. Carbon Monoxide Detectors may or may not be personal property and may or may not be included in the 128. sale of the home. MN:DS:SDA-3 (8/14) DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 129. Page 4 130. Property located at 9121 62nd Ave. N. Now Hope HN 5542e 131. H. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water intrusion 132. affect many homes. Water intrusion may occur from exterior moisture entering the home and/or interior moisture 133. leaving the home. 134. Examples of exterior moisture sources may be 135. 0 improper flashing around windows an -d doors, 136. * improper grading, 137. * floocling, 138. 0 roofleaks. 139. Examples of interior moisture sources may be 140. plumbing leaks, 141. condensation (caused by indoor humidity that is too high or surfaces that are too cold), 142. overflow from lubs, sinks or toilets, 143. firewood stored indoors, 144. humidifier use, 145. inadequate venting of kitchen and bath humidity, 146. improper venting of clothes dryer exhaust outdoors (including electrical dryers), 147. line -drying laundry indoors, 148, houseplants -watering them can generate large amounts of moisture. 149. In addition to the possible structural damage water intrusion may do to the property, water intrusion may also result 150. in the growth of mold, mildew and other fungi, Mold growth may also cause structural damage to the property, 151. Therefore, it is very important to detect and remediate water intrusion problems - 152. Fungi are present everywhere in our environment, both indoors and outdoors. Many molds are beneficial to humans. 153. However, molds have the ability to produce mycotoxins that may have a potential to cause serious heafth problems, 154. particularly in some immunocompromised individuals and people who have asthma or allergies to mold. 155. To complicate matters, mold growth is often difficult to detect, as it frequently grows within the wall structure, If you 156. have a concern about water intrusion or the resulting mold/mildew/fungi growth, you may want to consider having 157. the property inspected for moisture problems before entering into a purchase agreement or as a condition of your 158. purchase agreement. Such an analysis is particularly advisable if you observe staining or any musty odors on the 159. prop". 160. For additional information about water intrusion, indoor air quality, moisture or mold issues, please view the 161. Minnesota Association of REALTORSO Desktop Reference Guide at www.mnreattor.com. 162. 1. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 163. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 164. may be obtained by contacting the local law enforcement offices In the community where the property Is 165. located or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of C;orrectlons 166. web site at www.corr.state.rnn.us. MN:DS:SDA-4 (8/14) DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 167. Page 5 168. Property located at 91-21 62nd Ave. N. Now Hope NX 55428 169. J. SELLER'S STATEMENT: 170. (To be signed at Lima of listing.) 171. Selleqs) hereby authorizes any licensee(s) representing or assisting any party(ies) in this transaction to provide 172. a copy of this Disclosure Statement to any person or entity in connection with any actual or anticipated sale of the 173. property. A seller may provide this Disclosure Statement to a real estate licensee representing or assisting a 174. prospective buyer. The DiscJosure Statement provided to the real estate licensee representing or assisting a 175. prospective buyer is considered to have been provided to the prospective buyer. If this Disclosure Statement is 176. provided to the real estate licensee representing or assisting the prospective buyer, the real estate licensee must 177. provide a copy to the prospective buyer. 178. QUALIFIED THIRD -PARTY INSPECTION: If Seller has made a disclosure under the Qualified Third -Party 179. inspection, Seller is obligated to disclose to Buyer in writing of any new or changed facts of which Seller is aware 180. that could adversely and significantly affect the Buyers use or enjoyment of the property or any intended use of 181. the property that occur up to the time of closing. To disclose new or changed facts, please use the Amendment to 182. Disclosure Statement form, 183. WAIVER: It Seiler and Buyer agree to waive the seller disclosure requirement, Seller is NOT obligated to disclose 184. and will NOT disclose any new or changed information regarding facts. 185� OTHER REQUIRED DISCLOSURES (Sections A-E): Whether Seller has elected a Qualified -Third Party Inspection 186. or Waiver, Seller is obligated to notify Buyer, in writing, of any new or changed facts regarding Other Required 187. Disclosures up to the time of closing. To disclose new or changed facts, please use the Amendment to Seller's 188. Disclosure form. 9 189. r -(SN W r) (Date) 190. K. BUYER'S ACKNOWLEDGEMENT: 191. (To be signed at time of purchase agreement.) 192. I/We, the Buyer(s) of the property, acknowledge receipt of this Sellees Disclosure Alternatives form and agree to 193. the seller's disclosure option selected in this form. I/We further agree that no representations regarding facts have 194. been made, other than those made in this form. (Suyeo (Date) (Buyer) (Dato) 196. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 197. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERT'Y. MN:DS:SDA-5 (8/14) 717 TIMM FL-1-le—il-TIUM Radonin Real Estate Transactions All Minnesota homes can have dangerous levels of raden gas in them. Radon is a colnrless, odoriess and tasteless rsdk&ct6v gas that can seep into homes from the earth. Wher. inhaled, its radioactive particles can damage the calls that line the lungs. Long-term exposure to radon can lead to long cancer. About 21,000 (Ling cancer deaths each year m the United States are caused by radon, making it a serious health concern for all Minnesotans. it done not seatter I the home Is old or now ard the only way to know how much radon gas has entered Uv home is to conduct a radon test MOH estimates 2 in 5 bomoa be& before 2011 and I in 5 bomes built since 2118 exceed the 4.0 pCi/L action leveil. In Minnesota, buyers and sellers in a real estate transaction are free W negotiate radon testing and reduction. Ultimately. it is up to the buyer to decide an acceptable level of radon risk in the home. Prospective buyers should keep in mind that it is inexpensive and easy to measure radon, and radcrr levels can be lowered at a irsasonable cost. The MDH Radon Program website provides more detailed information on radon, including the MOH brochure 'Keeping Your Home Safe from Radon.* The Minnesota Radon Awareness Act does not require radon testing or mitigation. However, many relocation companies and lencling institutions, as well as home buyers. require a radon test when purchasing a home. The purpose of this publication is to educate and inform potential home buyers of the risks of radon exposure, and how to test for and reduce radon as part of real estate transactions. Olaclosure Requirernents Effective January 1, 2014, ft Minnesota Radon Awareness Act requires specific diGclosure and education be provided to potential home buyers during residential real estate transections in Minnesota. This publication is being provided by the seller in order to meet a recluiremerit of the Art. In addition, before signing a parckese agrumso to 26111 or transfer residential real proller", the seller shall clisclose in writing to the buyer any knowledge the seller has of radon concentrations in the dwelling. The disclosure shall include� 1 - whether a radon Lost or tests have occurred on the property; 2. the most cument records and reports pertaining to radon concentrations within the dwelling; 3. a description of any radon concentrations, mitigation, or remediation; 4. information regarding the radon mitigation system, including system descxiptian End documentation, if such system has been installed in the dwelling; and 5. a radon warning statement Radon Warning statomilint 'he Minnesota Department of Health strongly riecominnends that ALL hornebuyers have an indoor radon test psrtbrmed prior to purchase or taking occupancy. and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicab4e. radon mitigator, Every buyer of any interest in residential real property is notified that the property may Present exposure to dangerous levels of indoor radon gas that may Place the occupants at risk of developing radon - induced lung cancer Radon, a Oass A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause overall. The seller of any interest in residential real property is required to provide the buyer with any informatian on radon test results of the dwelling." Radon Eacts 11m dasprous is radon? Radon is the norsher one cam of hog cancer in noo-soullikors and the second leading cause at lung cancer overall, next to tobacco smoking. Thankfully, much of this risk ran be prevented through testing and taking action to reduce high levels of radon gas when and where they am found. Your risk for lung cancer increases with higher levels of radon gas, prolonged exposure and whether or not you am a smoker. Wkwe is your greatest exposure to radon? Radon is present everywhere, and there is no known safe level. Your greatest exposure is where it can concentrate indoors and where you spend most of your time, For most Minnesotans, thris is at home. Whether a home is old or new, well -sealed or draftyr, with or without a basement, say bums can have high knob of radon. urarnrum and radium commonly found in ne" all soils in Minnesota. As a gas, radon moves freely ftcugh the sail and eventually into the air you breathe. Dur homes tend to c1raw soil geses, including radon. into the structure. I boys a now home, aren't radon levels reduced ak*W Homes built in Minnesota since June 2009 are required to contain construction features that may limit radon entry. These feattines &,a knom as passive Radon Resistant New ConstrwAion (RANC). While these passive RANC features may lower the amount of radon m newer homes. it does not guarantee low levels. It is recommended ail new homes be tested for radon, and if elevated levels are found. these passive RRNC features can be easily and inexpensively activated with the addition of 9 radon fien in the attic. If you am buying a now home, ask if the home has any RRNC featiures and if the home has been tested What Is the recommmuled action based on my results? If the average radon in the home is at or above 4.8 pWL, the house should be fixed. Consider fixing the home if radon levels are between 2 pCi/L and 19 pCi/L. While it isn't possible to reduce radon to zero, the best approach is to reduce the radon levels to as low as reasonably achievable. Any amount of radon. even below the recoirrimencled action level, carries some riskr Now we red= tests conducted in real estate transactions? Because of the unique nature of real estate transactions, involwV multiple parties and financial interests, there am special protocols for radon testing. IMI VAii PAM, Fastest Test is completed by a certified contracWt, with 8 calibrated CRM for B minimum of 48 hours. Second festest Two short-term test kits are used at the same time, placed 6-12 inches apart, for a mirii- mum of 48 hours. Test report is Test kits am arialyzed to sent to the lab ensure that it is for analysis. a valid test. The two test Wforyned for 8 results are averaged taken down, Test to get the radon level. Radon Testinci Home conditions imbee testing Be aware that any test lasting less than three months requires closad-house conditions. Clesed-havas Coadilions: Mean keeping all windows and doors closed, except for norynal entry and exit. Before 11instial: Begin ciDsBd-house conditions at least 12 hours before the start of the radon test. Daring Tootiiing: Maintain closed -house conditions during the entire duration of d -e short term test. Operate home heating or cooling sysums Arether short-term The test kit should be placed: kit is used in the same 0 VNa to six feet above the floor Slowest normally during the test. _0___ - '_ - _ ' " - ' ' ne short-term test is Where the test should be conducted Wforyned for 8 Any radon test conducted for a real estate transaction taken down, Test needs to be placed in the lowest livable area of the minimum at 48 hours. home suitable for occupancy, In Minnesota, this is Test kit is sent to typically in the basement, whether it is finished or lab for analysis. unfinished. Arether short-term The test kit should be placed: kit is used in the same 0 VNa to six feet above the floor place as the first, 0 at least three feet from exterior walls started right after the . four indws away from oftr objects first Last is 0 in a location where it wan't be disturbed taken down, Test a not in enclosed areas is performed for a * not in areas of high heat or humidity minirrum of 49 hours. sure the radon system is operating during the entire test, Once a confirmator -y radon test Test kit is sent to If the house has multiple foundation types, it is recommended that each of Uhase be tested. Far the lab for analysis, instance, if the house has one or mare at the following The two test foundation types --basement, crew[ space, siab-on- results are averaged to grade --a test should be performed in the basement get the radon level. and in at least one room over the crawispeoe and one room with a slab-on-(yade area. Who should conduct radon testiing in reel sotste tromanctions? All radon tests should be conducted in accordance %vith national radon measurement protocols, by a certified and MDH-listed professional. This ensures the test was conducted properly, in the correct location, and under appropriate building conditions. A list of these radon measurement professionals can be found at MORs Radon web site. A seller may have previously conducted testing in a property. If the test result is at or above the action level, the home shculd be rinitigated. 1, Redan Mitination rat, Lovinering radon in existing homes — Radon Mitigation When elevated levels of radon are found, they should be mitigated. Elevated radon concentrations can he easily reduced by a nationally certified and MOH -listed radon mitigation professional. A list of these radon mitigation professionals can be found at MOKs Radon web site. Radon mitigation is the process or system used to reduce radon rancentratians in the breathing zones of occupied buildings. The goal of a radon mitigation system is to reduce the indow radon levels to Wow the EPA action level of 4.0 pCi/L. A quality radon reduction (mitigation) system is often able to reduce the annual average radon level to below 2,0 pCVL Contact *9 MON Radon Program if "a we uncertain about onong regarding radon tesifiNg or mMostion. The MDH Radon Program can provide - information about radon health effects, radon testing and radon mitigation; Names of trained, certified and MOH4sited radon professionals; MU Radon Program 625 Robert St N P.O. Box 64975 St. Paul, MN 55164-0975 (6511201-4601 I (BOO) 79B-9050 Email: health. inclooralrOState.mn.us Web: www.health. state. mn. us/radon ANZI& Int201 a 1C# 141-3722 Active sub -slab suction (also called sub -slab depressurization, or SSD) is the most common and usually the most reliable type of system because it draws radon -filled air from beneath the house and vents it outside, There are standai-cls of practice that need to be followed for the installation of these systems. More information on radon mitigation can be found at the MDH Radon website. After a rudest reduction sptm Is [installed %,A!, crJAS Perform an indepenclent short-term test to ensure that the reduction system is effective. Make ...... I sure the radon system is operating during the entire test, Once a confirmator -y radon test shows low levels of radon in the home, he sure to retest the house every two years to ronfinm continued radon reduction. Contact *9 MON Radon Program if "a we uncertain about onong regarding radon tesifiNg or mMostion. The MDH Radon Program can provide - information about radon health effects, radon testing and radon mitigation; Names of trained, certified and MOH4sited radon professionals; MU Radon Program 625 Robert St N P.O. Box 64975 St. Paul, MN 55164-0975 (6511201-4601 I (BOO) 79B-9050 Email: health. inclooralrOState.mn.us Web: www.health. state. mn. us/radon ANZI& Int201 a 1C# 141-3722 The Gregory Group, Inc. dba Lot Surveys Company, Inc. REGISTERED UNDER THE LAWS OF THE STATE OFMINNESOTA Gregoty R Prasch 7601 731 Avenue North MN Reg. No. 24992 Minneapolis, MN 55428 Phone: 763-560-3093/Fax: 763-560-3522 June 9, 2015 Established in 1962 Mr. Aaron Chirpich c/o City of New Hope 4401 Xylon Ave No New Hope, MN 55428 RE: 9121 62n' Ave No. New Hope MN Lot 1, Block 1, Allan Hills 2"1 Addition Dear Mr. Chirpich, As you requested I have researched the cost of providing the following services: I . Boundary survey (verify existing corner locations and/or set missing corners). 2. Locate all visible improvements 3. Prepare a certificate of survey for Minor Subdivision purposes depicting two new parcels. 4. Prepare two legal descriptions for the new parcels. 5. Set new lot corners. The cost of the above items is $1,675.00. These services can be completed 10 to 12 business days from authorization. All fees associated with the approval and recording process are the responsibility of the owner. Thank you for considering us for these services, we look forward to working together with you to make this a successful project. Best Regards, Gregory R. Prasch President Authorization to proceed this day of Signed it' S 2015. Chirpich Aaron From: Greg Prasch [gprasch@lotsurveyscompany.com] Sent: Wednesday, June 10, 2015 9.-54 AM To: Chirpich Aaron Subject: RE: 9121 62nd Ave No proposal Aaron, Yes these items can be included for the same price. G reg From: Chirpich Aaron [mailto:achirpich@ci.new-hope.mn.us] Sent: Tuesday, June 09, 2015 2:38 PM To: Greg Prasch Subject: RE: 9121 62nd Ave No proposal G reg, Does your estimate include the following: Topographic survey "elevations" Easements for drainage and utilities Aaron Aaron Chirpich City of New Hope I Community Development Specialist 4401 XN71on Ave N I New Flope, MN,53428 Office: 763-531-5114 1 Fax: 763-531-5136 achirl2ichCcl)ci.new-l-iope.mn.us I ci.new-hope.mn.us From: Greg Prasch [mailto:aDrasch(&Iotsurveyscompany.com1 Sent: Tuesday, 3une 09, 2015 9:54 AM To: Chirpich Aaron Subject: 9121 62nd Ave No proposal Aaron, Attached is the proposal you requested. Let me know if you have any questions. Thank you, Gregory R. Prasch The Gregory Group, Inc. dba Lot Surveys Company 7601 73'd Ave No. Brooklyn Park, MN 55428 P 763-560-3093 F 763-560-3522 gprasch@lotsurveVscorripany.corn CITY OF NEW HOPE CONTRACT FOR REMOVAL OF TREES AND STUMP GRINDING AT 9121 62ND AVE. N., NEW HOPE For valuable consideration as set forth below, this Contract dated the 20th day of July, 2015, is made and entered into between the City of New Hope, a Minnesota municipal corporation ("City") and Scott Bryan Kantor, d/b/a Scott's Tree Service Mn. ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Proposal dated June 9, 2015, prepared by Contractor attached hereto as Exhibit A for the removal of all marked trees on the Property and grinding of stumps, in preparation for demolition of the residential property located at 9121 62nd Ave. N., New Hope, Minnesota ("Property"). The Contract and Proposal shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the Proposal as removal of all trees marked with ribbons and grinding of all stumps, in preparation for demolition of the residence located on the Property. As part of the Work, Contractor will leave stump debris on the Property. 3. CONTRACT PRICE The City agrees to pay Contractor the sum of $6,500.00 in exchange for Contractor furnishing labor and materials for the Work at the Property, payable within 30 days of Contractor's completion of the Work. Contractor may start work on this project upon its execution of this Contract. 4. COMPLETION DATEALIQUIDATED DAMAGES Contractor shall complete all Work on or before August 1, 2015. ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of August 1, 2015, Contractor shall pay the City $50.00 per day as liquidated damages. —I— INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights-of-way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 6. LAWS, REGULATIONS AND SAFETY Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. —2— 8. ASSIGNMENT Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of Contractor for purposes of giving notices and any other purpose under this Contract shall be 8768 Cottonwood Lane N, Maple Grove NIN 55369, 763-245- 3184. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By: V� Kirk McDonald Its City Manager STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this-�f/ 1�- day of July, 2015, by Kirk McDonald, City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public 1 Cia LORRAINE HELEN KLOSS1 0 Notary Public -Minnesota V My Commission Expires Jan 31, 2018 %P-1V%*-*A?VVVV1-� -3- Scott Bryan Kantor d/b/a Scott's Tree Service Mn STATE OF MINNESOTA SS. COUNTY OF HENNEPIN "0' The foregoing instrument was acknowledged before me this :20 day of July, 2015, by Scott Bryan Kantor d/b/a Scott's Tree Service Mn. EMILY KATE BECKER I Notary Public State of Minnesota My Commission Expires IM * January 3 1.2020 1 N�A� Notary Public V P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11382 (purchase of 9121 62nd Ave. N.)\9121 62nd Ave Tree Removal Contract.doc —4— Jft�Uhc:U-LIiL,=N.3tV-tiVNIJtU - insurance COPY PrOVIClea upon reqt EXHIBIT FSTIMATE/CONTRACTIINVOICE 25 )be, &.P.4.— AMCOTT'S TREE amr --- IS7 ERVICE NAML ADDRESG:—q1;j---' 2n C,--- ED WWWiscatto,rintreesenn'ce, xim I �L—ITATEJIIi z,p:------- 763-.245-31.84 ca gEiat Mad to: scott's Tree service -L*- MN 45"A E 8768 COU.—I Lane N HAUL AWAY SW.p Otv. ..". rove, MW M369 Jft�Uhc:U-LIiL,=N.3tV-tiVNIJtU - insurance COPY PrOVIClea upon reqt PPUNINC IN ACCCRIDARM WM I 1. DEADWOM -� TWN = fWSE � CIJTBP-IK 1. DOZAPLLTZ j ct dcwo -r— or sh.. 1�< Eq.ip—ot. F] Ron— from st—ftmo— LvtxN4 gLog Luu� 0 B,CJW 1r -k DChp Irucl, f—I Mb 19 I)AUL MAY I frea or SIprib Dolho, I 8'.Mc 0,1ndloI/Chipping [:]Chippv 1:1 S."g. Flc-. MUdd. HAUL AWAY SW.p Otv. 4— —5 ,L"- �'- " -, 64--� V: �XX-MGA MASTERM & DtSCMFL NC "ANCELIAMU: Q, REFUNOM M MUPE FDA V ill Q( fl^F, FWM FINt 4NO --AFU,-.�. MEUMPEUEROMBACT; Me —pt thi� mirtrad m ds e6mty m fair �Rue for woA hmin dmru)p.r, VVID We read md undomtmd all MDITM� Rdymont. Fm. MR. and QWrW, daus% m rol. Ville will dep=1 10% of Him Qcrftz,,O� valw, which I h— IrrWed With thr CoMnot ING CANDELLAROMS OF., COST s 50r,flud hy, SALES TAX$ TOTAL $ WHIYE-ORIGIMAL YELLOW-PECCW PINK - ES77MAM KANSC01 OP ID: BH '44c"mAJ 41.� CERTIFICATE OF LIABILITY INSURANCE DATE (MmtDDNYYY) 1 07/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsement(s). PRODUCER Pierce Agency, Inc. P.O. Box 160 Litchfield, MN 55355 Timothy Pierce CONTACT NAME: PHONE FAX (A/C, No. Ext): (AJC No): E-MAIL ADDRESS: 0110712016 EACH OCCURRENCE $ 1 000,000 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: West Bend Mutual 115350 PERSONAL & ADV INJURY $ 1,000,000 INSURED Scoft Kantor Scoft's Tree Service INSURER B; GEN'L AGGREGATE LIMIT APPLIES PER: P 1 RO OLICY I JPEC� F] L C 8768 Cottonwood lane N INSURER C: INSURER D: Maple Grove, MN 55369 INSURER E I IN, __RER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV\nTHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDLSUBR POLICY EFF POLICY NUMBER i(MM/DDfYYYY) POLICY EXP (MMIDDIYYYYI LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 111 OCCUR NSN1831669 01/0712015 0110712016 EACH OCCURRENCE $ 1 000,000 F PREMMIGSIESTO R -= (Ea occurrence) $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: P 1 RO OLICY I JPEC� F] L C PRODUCTS - COMPIOP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS H COMBINED SINGLE LIMIT (E, .dentj BODILY INJURY (Per person) $ BODILY INJURY (Per acctclent) $ PROPERTY DAMAGE $ (PER ACC DENT� $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTNER/EXECUTIVE [--] OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If gs, describe under D SCRIPTION OF OPERATIONS below NIA TAT OTH- ITORYS LIMIY� I I ER E.L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ �E.L. DISEASE - POLICY LIMIT $ I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of New Hope LIANUCLUR I IUIIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY OF NEW HOPE CONTRACT FOR WELL ABANDOMENT WORK 9121 62ND AVE. N., NEW HOPE For valuable consideration as set forth below, this Contract dated th4 day of August, 2015, is made and entered into between the City of New Hope, a Minnesota municipal corporation ("City") and T. L. Stevens Well Company, Inc., a Minnesota corporation ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Proposal dated June 10, 2015, prepared by Contractor attached hereto as Exhibit A for the well abandonment work on the real property located at 9121 62nd Ave. N., New Hope, Minnesota ("Property"). The Contract and Proposal sh a] I comprise the total agreement of the parties hereto, No oral order, objection or claim by any party to the other shall affect or modify any of the terrns or obligations contained in this Contract. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the Proposal as well abandonment work, including obtaining a well sealing permit and removal of existing equipment on the Property. As part of the Work, Contractor agrees to remove all excess material from the Property. CONTRACT PRICE The City agrees to pay Contractor the sum of $865.00 in exchange for Contractor furnishing labor and materials for the Work at the Property, payable within 30 days of Contractor's completion of the Work. Contractor may start work on this project upon its execution of this Contract. 4. LAWS, REGULATIONS AND SAFETY Contractor shall -give all notices and comply%ith all laws, ordinances, rules and regulations applicable to performance under this Contract. Contractor shall provide adequate signs and/or bard cades, and will take all necessary precautions for the protection of the work andthe safety of the public. —I— 5. INDEMNIFICATION To the Mest extent permitted by law, Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefron-i, and (2) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly orlindirectly employed by any of them or anyone for whose acts ariv of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. ASSIGNMENT Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. NOTICE Theaddress and telephone number of Contractor for purposes of giving notices and anyother purpose under this Contract shall be 6250 Highway 12 West, Maple Plain, MN 55359 and 763-479- 2272 The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE Bv: Kirk McDonald Its City Manager T. L. St vens Well CoTppmy, Inc. Bv: . . . . . . Its —2— - "STEVENS WELL COMPANY fi250 Highwdy 12 vlf�r Phofi�,: 761-47)-Z27Z WPIP plim MN �Ax! 163-411J�41jd June 10. 201$ Mr. Aaron Chirpfcb City ofNew Ii6pe 4401 Xylon Avenue North New Hope M S�42S Re: Well abandonment at 912162' A-verme Norlb, New Hope MN 55429 Dear Aaron, I appreciate (6f bppurtoniT) to provide an estimate for your well abandow.ea We would be:h000ted to work With YOU. J.jo�Seygns Well Compgo prpvidg pate3siggial StxMo _fQr; )Veil DrUling and WrilSnfling ' IMU,FgteM & VVIRIer S�Dfftnerg Pumps and Pressure Tinks * RO (Reverse Osmosis) System Constant Pressure Systems Geothermil lltjkt Loop Fields "Equine A Cattle. witterers RM -0 -Rust Systems fDr IAvrn Irri&afiob To give you some company b4ckgound, Tom Stevens, owner ol'T.L. stevens Well Czmpany,'Ims bw). actively involved. in tbe water Well industry stace 1958 and has atntinued his onhunitmt-w to ground warerprowtion tbrougboktt thc:ytarx His son, loc� joined ibe compavy in 1993 and bas iDwr 30years well dr%illin.� and related experience. Out technicians are ftrwglily ;Fained and cznifled� s3 requtra by OSHA, k(bre thoy perform on-site work, TI. Stcvers Wcfl C�vrnpany is licensed, booded and insured, as required by tL-,Sw� Of Hznasota. I offtr t1us informahoo so ym may be assured that our workmanship comes �rom experienced, rebahle people who take pride In a job well done, in a timely manner, and at a teasanawe price. We service. to the equipment we ms�Rll, plus equipment insaalled by others. Nrisit for customer respom%" as to ow knowledge, vor1kre3aship =4 pricin& Ifyou bave any questions, please, feel free to call or cmail me any time sincoreb" Mellree T L. Stevens Well Compamy 763-479-227'-) or 1-800-979-W= S y NIN License 01818 6X50 HighWay 12 W01t Phrme: 763-475-2277 M�Ple wo IAN 51,359 Fax: 76 3_479 2198 THIS INFORMATION IS OFFERED TO: AARON CHIRPICH CITY OF NEW F40PE 4401 XYLON AVENUE NORTH NEW HOPE MIN 55428 JOB SITE ADDRESS: 9121 62ND AVENUE NORTH NEW HOPE, MN 66428 HENNEPIN COUNTY T-118 R-21 8-06 Q -NE -NW -NW PID: DS -1 118-21-22-0069 Date 6110/20115 Estimate# 1166 ally, Unit Description Unit Price Tota) We are piciaseo to estimate your well abandonment as follows The techn,cian wid remove any existing equiprrietni in the well, tivi seal the well in accordance with the State Of Minnesota statutes 1 Each State of Minnesota woll sealing permit 65. 00 65.00 3.5 Hours Labor. 1 TachnIcian, portal to portal 13500 472.50 3,5 1 fours Grout truck and equipment 65 00 227.50 3 Bags High solids bentonite 25,00 75.00 1 Each Existing equipment disposal fee 25,00 25.00 Above prices are for wells which can be easily accessed with our truck and pulled with the hoist. If additional time., equipment and/or materials are required to property abandon this well, they will be invo;ced at the above rates. Noto., This wall is located outside in a wel'pil. It is the city's responsibility to fill in the pit with dirt after the well has been abandoned I UUM *003,vu See attached page for payment terms Price Is valid throuah 0913W201 5 CITY OF NEW HOPE CONTRACT FOR REMOVAL OF ASBESTOS AND OTHER HAZARDOUS MATERIALS FROM 9121 62ND AVE. N., NEW HOPE For valuable consideration as set forth below, this Contract dated the 8h day of July, 2015, is made and entered into between the City of New Hope, a Minnesota municipal corporation ("City") and Aztec Asbestos Removal LLC, a Minnesota limited liability company ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Proposal dated June 15, 2015, prepared by Contractor attached hereto as Exhibit A for the removal of asbestos -containing materials and removal of other hazardous materials in preparation for demolition of the residential property located at 9121 62nd Ave. N., New Hope, Minnesota ("Property"). The survey prepared by Angstrom Analytical, Inc. ("Survey") identifies certain hazardous materials that shall be removed by Contractor from the Property and is attached hereto as Exhibit B. The Contract, Proposal and Survey shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in the Proposal as removal of asbestos -containing materials, and removal of hazardous materials identified on Angstrom Analytical Survey, in preparation for demolition of the residence located on the Property. As part of the Work, Contractor agrees to remove all excess material from the Property. 3. CONTRACT PRICE The City agrees to pay Contractor the sum of $6,705.00 in exchange for Contractor furnishing labor and materials for the Work at the Property, payable within 3 0 days of Contractor's completion of the Work. Contractor may start work on this project upon its execution of this Contract. 4. COMPLETION DATE/LIQUIDATED DAMAGES Contractor shall complete all Work on or before August 1, 2015. ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain —1— uncompleted beyond the Completion Date of August 1, 2015, Contractor shall pay the City $50.00 per day as liquidated damages. 5. INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 3 0 days written notice to the City of intent to cancel. The certificate must further provide that Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights-of-way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. All insurance is subject to the review and approval of the New Hope City Attorney. 6. LAWS, REGULATIONS AND SAFETY Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. —2— ASSIGNMENT Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of Contractor for purposes of giving notices and any other purpose under this Contract shall be 3633 2 d Ave, South Minneapolis, MN 55409, 612-408-5595. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By: i�\ Kirk McDonald Its City Manager STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this S 4t, day of July, 2015, by Kirk McDonald, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public TOW S �� 11111111111111111111 �� 11111111111111 �� 111111 I LY KAT RE C C 11 ii c a e'sota e E E Notary U1161 C 10. u State of innesot Nty commi M ion Expires s s Janucl(V'531, 2020 I —3— Aztec Asbestos Removal LLC By: STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Its: 0 &J V\ R f— The foregoing instrument was acknowledged before me this cf;W day of July, 2015, by \,7/_/71,—�he , of Aztec Asbestos Removal LLC, a Minnesota limited liability company, on behalf of said limited liability company. LORRAINE HELEN KLOSS /25Z�� Notary Public -Minnesota Notary Public -7 My Commlssion Expires Jan 31, 2018 0VVVVVVVVVtN%%%^.r1 P:\Attorney\SAS\l Client Files\2 City ofNew Hope\99-11382 (purchase of9l2l 62nd Ave. N.)\9121 62nd Ave Asbestos Contract.doc Aztec Asbestos Removal LLC 3633 2"Ave S. Minneapolis MN 55409 aztecasbestos(&Vahoo.com 612-408-5595 Nam: City of New Hope / Aaron Chirpich Address: 912162"' Ave N. New Hope MN SS428 Phone: 763-531-5114 Email: achirpich@ri.new-hope.mmus We at Aztec Asbestos Removal are pleased to furnish you with this proposal for your upcoming Asbestos related project. My price is $ $ 6,705.00forthe removal ofthe following asbestos related material at the above listed address. 1,100 of asbestos related Vermicullite S, Blowing Insulation in Attic. S 5,245.00 17 Windows with asbestos glazing. $850.00 28sqft of asbestos Tile & Mastic in basement Bathroom. $350.00 6 Mercury fluorescent lights I thermostat. $ 30.00 4 PCB's ballasts. $ 20.00 16-20 gals. Chemicals paint. $ 80.00 1 Misc. smoke det, $ 5.00 Appliances 1 water heater. $20.00 1 FrIdge. $ 30.00 1 TV. S 10.00 I dishwasher, $15.00 I Boiler. $ 40.00 I humidlfier. S 10DO All prices include permit (if necessary), all labor, materials, disposa I and all debris and third party analysis of airclearance samples. If you have any questions or concerns, please do not hesitate to call us back. — �— ...11d f— ft n- Ik.d —e. C$,,. he --, bd— �, 1- d-11 11111i.d1be P�ftrd 9 thte 'f 5601— Contractor/0-ter Date__ Property /Owner Date -_--ZSj U I[L' D A led" Lose list. St. Louis Park, MIN 55416 "pirorm Analytical & 952-252-0405 M. Environmental Sarvices; 952-252-0407 fax CiyofN wHope 44(11XyI:nAveN New Hope, MN 55428 June 11, 2015 9121 62nd Ave N New Hot, Dear Name: Aaron Kevin Hagen (A12652), a representative of Angstrom Analytical, Inc, visited the above referenced property on June 8, 2015 for the purpose of conducting an asbestos demolition inspection. We are prepared to state that there are category I non -friable asbestos containing bulldl,g matedals—tained in or on the fabric of the structure. The following materials tested positive for the presence of asbestos: wind— glazing 9.9 floor tile & rn.stle Note: Approximately 1100,1200 square lea of vermiculite Imulatio, In the attic Ms tested and Is 1%. Category 1: 1. Approximately 17-19 windows with asbestos containing glazing throughout the house. 2. Approximately 25,30 square feet of asbestos containing 9xg flout tile & mastic In the basement bath, No samples other than from the fabric of the building that Is planned for demolition were taken or analyzed and this report only rqlates only to 9121 62nd Ave. Sixty samplas of suspect building materials were collected and analyzed In out laboratory by Polarized Light Microcopy. Please see attached notes. During the course ofthe sumeythefolk-Ing hazardous materials were noted: Menu PCrs 6 f1 ... scent lights 3.4 ballasts I thermostat Appliance Chemical Solid Waste 1 ..ter heater 1640 gal,. of palm 5.10 cu yds of trash 1 Fridge I TV MI.C. 1 dishwasher I smoke Der. 1 boiler I humidifier All friable and category It non-ftlable materials need to be removed, per applicable regulations, prior to and demolition efforts. Category I nom-fr(able materials are allowed to be left in place for the demolition. However, the landfill must be made aware that the demolition debris will contain ImIrilmal amounts of) category I non -friable asbestos containing material and is subject to the MPCA's rules and regulations pertinent to the demolition efforts (notifications, etc.). This survey should not be Interpreted as a bidding document or as an asbestos project design. it is Incumbent upon the contractor to verify quantities. Quantification of materlaU Identified In this inspection report are approximatim and based on observed quantities. Additional amounts of material may be present under floor, above callings and Inside wall cavitles and not fully quantified. For example, thermal system Insulation Indentifled in . hawrarent may also exist Inside wall cavitles. if you have any questions, please call us at the number above. th lu 500' Cedar Lake Rd. St. Louis Park, NIN 55416 ngstram Analyllcal & 2-252�0405 111ce '40— 952�252-()407 fa. rs I Environmental Servioss 95 10 . OP Analysis of Bulk Sam pIesfo,Asb=tosUsihj;PoIari,m1 Ughtmicrose,py(PM) City of New Hop, 4,101 Xylo, A- N New Hope, MN 55428 Re: 9121 62nd Ave N Nu,b—fS,mphu,; 60 M,th,ds-dCu,1hrItIons A, Submitted sumpler were on.1yered whig the eien hmerfin Method #WOIM4-82�20 (pvl,,k.d fight mi,nounhh, with dispinnelan holaino). Me method define, On asionou namone(12 ni—I as one taut couirdins grater than IN asue— b, weight and 1, dfleed as In, Jib— fion., of ,miho, and cerium n-Phibd- While Me tb-- end ron-fibro-1 Ibnou, of .1a.mi, — df—Ible mi—scophOully in bond pechnern, Me dblinot. b,t—. "Ohn is nor den, on , hul—ph, 1-4 esp,di'lly 'fte, pnoossor', 01 Fibre- --Phleahes -s 1---IIY these wh— mean -11W nod.� ilerush — undh) order 'he -1-1-P- — s10, .—j7b,.. amoblide, — awally those whose ..an -Pe- -11. .. uPplain—ely �4 0.1hur molysh, moph.bgy rd an N.P. of ... P�pet Vo on, —d ho -isido - dw-n mineral inter P.Pubdon an fltnhus ord harfibru. olegumes Thai rempir.. amphlboho are not mponced as asoesho, Is =,Went m, m1bgj dnrkian, but doa, no, mpt� that iioofib� "PhlbeleS OM not hairand— Ah'bome nom,baboldom of them mov be resudeted by OSHA order oe,loin d—milances, the type of dispersion indernp wed Is qm,mhV ph,u, onrou, although mirof duposlan staining may olubte use Pe—atuge Reporting file PenCents"o If nisch jftbtr type present was determined "rq mf,,, x—as estimated from Itil—c1pi, phliented ... p—oh, from mounted did, e,,smirobon -IdPMIOIS it,, POMParoOn M weight Perter, liardndl- Sorth -lametio. — �.Uobho for — s—P). bar do h.. �no, range, Error, — .0—d to be �00 rebone. pentent uroedbuy for Pententage Won— ,*r ION randing down en as little as 10 hhud,, percent Wnty fin, penreenoge e0— gmars, than SOX Fdabb rompled hkh how been efthmaheof by 0. bnw meth,& ha mhoin 1— thon JOX oubastas wo be Pont owned, Po,unding to the EPA EPA Intelm Method, . noHhed by NEWPS. In b. ponenmg, sampah, point onmung may pmd,. pas, h.g—. or padlah.,, &o to Me sm-I —br of pole. ..led. For —phe, ounnining of ..n. thn, am, .Poo,ent IF� .1 mulnbi 0, by,, the P.—We jl fiber Ip. f a.mul Of Jay., I, determined Pro reported separately, an ovenaff —ge for the somphe of end fib. type Is then I.I.W. Th. nbi.rhod fthbility if , sanpie refers N thut finubillh, obs—ed! 11 the ounditme an.fy-d (broken, —shod, Itc.1 end ;. not W be �ubsbtahld for an PrIn. .— qf f1bbfiRY. —b Ar,stron, An.1,11.1 1.6 nep- ebte. orl, to he s. -I, lostodand—yr.t o, rhes—pWifirg I... 11,201S (Nia Hilgen, Angstron�A'JI.FY1.1, I.e. Full Semite Laboratory and O—ito Hygiene Serdoes f -the He—dous 101teriall Abatement Industry i 0 I g t 1 1 N s N �l � 3 i . j � � �2 E E A! T T a 2 2. 9 2 Q. 2. 2. 2 2 2. 2. 2 2 2. 72 7� 12 1 -1 4 r2