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IP #965
EDA Request for Action Originating Department Approved for Agenda Agenda Section Community Development June 22, 2015 EDA Item No. By: Aaron Chirpich, CD Specialist By: Kirk McDonald, City Manager 4 Jeff Sargent, CD Director Resolution approving Purchase Agreement for the acquisition of 4415 Nevada Avenue North (project no. 965) Requested Action Staff requests the Council authorize entering into a Purchase Agreement for the acquisition of 4415 Nevada Avenue North for $67,600 or up to a maximum of $75,000 in the event that multiple offers are presented. Staff discussed the potential acquisition of this property at recent work sessions and the Council was supportive of acquiring the single family home for demolition. Policy/Past Practice In the past the city has successfully acquired distressed or functionally obsolete properties as part of the City's scattered site housing program. Background The City Council has directed community development staff to actively pursue the acquisition of distressed or functionally obsolete single family homes as part of the city's scattered site housing program. In the past twelve months the city has acquired three vacant single family homes as part of this program, 6059 West Broadway Ave N, 5431 Virginia Ave N, and 9121 62nd Avenue N. Both 6059 West Broadway Ave and 5431 Virginia Ave have been razed in preparation for the construction of new single family homes. 9121 62nd Ave is schedule to be burned to the ground as part of a West Metro Fire Department training exercise in mid August. Since the acquisition of these three units, staff has been researching and pursuing other available properties. This search has included properties for potential rehabilitation and/or demolition. 4415 Nevada Avenue North Staff has been watching this property for quite some time. The home has been vacant for many years and the City has received several complaints regarding the maintenance and condition of the property. Staff has been tracking the foreclosure proceedings and has been waiting for the home to be listed for sale. Finally, the home was listed for sale on June 151h, with an asking rice of $67,600. Motion by�Second by �> To: IARFA\COMMDEV\Develo ment\Housin \Q — R 4415 Nevada Ave acquisition 6-22-15 Request for Action June 22, 2015 Page 2 Staff would like to submit a full price offer immediately, as staff is concerned that the relatively low list price will cause the property to receive substantial attention. Staff wants to ensure that the home is not picked up by an investor with the intent of renting the unit. In the event that multiple offers are received on the property, staff is requesting flexibility to increase the City's purchase price offer to a maximum of $75,000. This site presents a special opportunity, as the property can be subdivided to create two buildable lots. Staff feels that the clear course of action with this property is demolition to facilitate the construction of two new homes. Such opportunities are rare in the City of New Hope and staff is excited for the chance to add two new units of housing to the City tax base. The property is currently zoned R-1 Single Family Residential. In order to subdivide the property, it would have to be re -zoned as the lot size is not sufficient to create two standard R-1 lots. Lot Topography The existing topography of the site presents some unique challenges in creating two buildable lots. The current home on the property sits on a fairly large hill located on the southern portion of the lot. Once the home is removed, it is likely that substantial regarding of the site will be necessary to accommodate two new homes. Staff wants to make the Council aware that the challenging topography may result in a lower sales price for the lots to account for the necessary soil corrections. Funding Staff recommends that funding for the acquisition of 4415 Nevada Ave North come from current EDA fund reserves. Staff recommends that funding for the demolition and site clearing come from the City's CDBG grant resources. CDBG related costs will be reimbursed by Hennepin County. The use of CDBG funding will not place income restrictions on the re -sale of the vacant lots. Staff has created full project budget(s) that can be found in the attachments. Recommendation Staff recommends the Council approve the attached resolution prepared by the City Attorney and terms of the attached purchase agreement for the acquisition of 4415 Nevada Avenue North. Attachments • Resolution • Project Budgets • Sample Lot Layout • County Tax Information • Purchase Agreement City of New Hope-- Scattered Site Housing Program Total Project Cost and Total Funding Sources USES Amount Acquisition 67,600 Demolition 14,000 Real Estate Taxes 1,650 Contingency 5,000 Insurance 1,100 Lot Split Survey 2,000 Closing, Recording Fees 1,500 Legal 2,500 Abatement 3,500 Demolition Survey 650 Tree Removal 4,000 Well Abandonment/Sealing 1,000 Utilities 5,500 Site Grading 7,000 Total 117,000 SOURCES Amount EDA 110,000 CDBG 7,000 Total 117,000 Anticipated Sales Price "2 vacant lots" 110,000 4415 Nevada Ave North New Hope MN, 55428 Demolition Option Current Property Tax $1,633 "total' Estimated Annual Taxes (2 houses) $8,600 "based on a value of $250,000 for each unit" $2,866 per year tax revenue for the city City of New Hope-- Scattered Site Housing Program Total Project Cost and Total Funding Sources USES Amount Acquisition 75,000 Demolition 14,000 Real Estate Taxes 1,650 Contingency 5,000 Insurance 1,100 Lot Split Survey 2,000 Closing, Recording Fees 1,500 Legal 2,500 Abatement 3,500 Demolition Survey 650 Tree Removal 4,000 Well Abandonment/Sealing 1,000 Utilities 5,500 Site Grading 7,000 Total 124,400 SOURCES Amount EDA 110,000 CDBG 14,400 Total 124,400 Anticipated Sales Price "2 vacant lots" 110,000 4415 Nevada Ave North New Hope MN, 55428 Demolition Option Current Property Tax $1,633 "total' Estimated Annual Taxes (2 houses) $8,600 "based on a value of $250,000 for each unit" $2,866 per year tax revenue for the city F. Hennepin County GIS - Printable Map Page 1 of 1 Parcel 17-118-21-21-0019 A -T -B: Abstract Map Scale: 1" = 50 ft. /NN ID: Print Date: 6/17/2015 -�-} Owner Reed Olson & Diane Olson Market $46,000 w Name: Total: Parcel 4415 Nevada Ave N Address: New Hope, MN 55428 Property Seasonal -Residential Rec Type: Home- Non -Homestead stead: Parcel 0.39 acres Area: 16,841 sq ft Tax $1,633.12 Total: (Payable: 2015) Sale $145,000 Price: Sale 11/2005 Date: Sale Code: This map is a compilation of data from various sources and is fumished "AS IS" with no representation or warranty expressed or implied, including fitness of any particular purpose, merchantability, or the accuracy and completeness of the information shown. COPYRIGHT© HENNEPIN COUNTY 2015 A Think Green http://gis.hennepin.us/Propertylprintldefault. aspx?C=470607.8194500003,4986973.929700... 6/17/2015 OMB NO. 2502-D265 7r A. U.S. DEPARTMENT OFHOUSING ::URBANDEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1QFHA 2QFmHA 3.❑CONV.UNINS. 4.[JVA 5.[]COW..INS. 6. FILE NUMBER: 7. LOAN NUMBER: MT15-61004-C e. MORTGAGE WS CASE NUMBER C. NOTE This lbrm Is fumishad to give you a statement of actual settlement Casts. Amounts paid to and by the settlement agent are shown. Items marked '(POCJ" were paid outside the closing, they we shown here for Rnfermalional purposes and are not Included in the totals. 1.0 aye (1MT1"1004.CPF MT1Se100r Ch4) D. NAMEAND ADDRESS OF BUYER: Economic DevelopmentAulbority of the City of New Hope 4401 Xylon Avenue North New Hope, MN 55426 _ E NAMEAND ADDRESS OF SELLER: The Bank of NewYork Mellort,fkEThe Bank of Kew Yorkas successor-in-i[rterest of JPMotyan Chase Bank NA -as tiustee for Bear Stearns Asset Backed Securities, Bear Stearns ALT -A Trust Mortgage Pass -Through Certificates, Series 200&-1 F. NAMEANDADDRESS OF LENDER None - CASH DEAL. Seller Address: 3815 South West Temple Salt Lake qty, UT 84115-4412 G. PROPERTY LOCATION: 4415 NevadaAvenue No, New Hope, MN 55426 .(HenneptnCounty) - (PID 17-118-21-21-0019) H. SETTLEMENT AGENT. 20-4678486 SMB Enterprtses, LLC dba Midland Tale L SETTLEMENT DATE July29,2015 PLACE OF SETTLEMENT 7760 FranceAve. So. R 140, 8loominginn, MN 55435 FILE NO. MTI 5 -8i004 -R J_ SUMMARY OF BUYER'S TRANSACTION K SUMMARY OF SELLERS TRANSACTION 100. GROSS AMOUNT DUE FROM BUYER: 400. GRDSS AMOUNT DUE TO SELLER; 101. Contract Sales Price 67600.00 401. Contract Sales Price 67600.00 102. Personal Property 402 Personal Pro 103. Settlement Charges to Bu(Line 1400 1.114.00 403. 104. 404. 105. 405. Ad7ustnlents For hems Paid BY Seller in advance AcIusilnents For ltems PaidBy Sallarin advance 106. CiWrownTayzs to 406. Ci /Town Taxes to 107. Co Taxes to 407. CountyTaxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111, 411. 112. 412- 12120. 120.GROSS AMOUNT DUE FROM BUYER 68,714A0 42o. GROSSAMOUNTDUETOSELLER 67,600.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER. S00. REDUCTIONS IN AMOUNT DUE TO SELLER 201. Depositor earnest money 6,760.00 501. Excess Deposit See Instuclionts 202. Princi alAmount of New Loans 502.. Settlement Char es to Seller Line 1400 5.732.98 203. Existing loans taken subject to 503. 6dsfm loans taken subject to 204. 504. Payoff First Mortgage 205. SM. Paycff Second Mortgage 206. 506. 207. 507. SR dish. as ceeds 208. 2nd 1J2 assort-de0n util 461.62 508. 2nd 112 assmit-deiing uLl 481.62 209. 509. Aqjastments For firms Unpaid By Se/W Adjustments For Items Un ald a Seller 210. Ci own Taxes 07/01115 to 07/29/15 54.46 510. CI !Town Taxes 07/01/15 to D7/29/15 54.46 211, Go Taxesto 511. County Taxes to 212. Assessments to 512 Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTALPAID BY/FORBUYER . 7.276.08 520. TOTAL REDUCT70NAMOUNT DIE SELLER 6,249.06 300. CASH AT SETTLEMENT FROMITO BUYER 600- CASH AT SETTLEMENT TOIFROM SELLER: 301. GrossAmount Due From B er Une 120 66,714.00 601. Gross Amount Due To Seller a 420 67,600.00 302. Less Amount Paid By/For Buyer (Line 220) 7,2T6.os) 802. Less Reductions Due Seiler (Line 520) ( 6,249. 303. CASH (X FROM) ( TO) BUYER 61,437.92 603. CASH ( X TO ) ( FROM) SaLE2 61,35054 r'� P.O.2 L_ SETTLEMENT CHARGES 700. TOTAL COMMISSION Based on Price $ 67,600.00 @ 6.000% 4,05690 Division of Commission (71ne 700) as Follows: 701.$ 1,358.76 to Pr Advisors Reafty LLC Note: LLne 701 includes Adustment of -66924 For Attn: Sales Accoun5n 702 026.00 to Hawk Realty Comparry ev0 FRCU 06 •s FUKMAT 2TTTLWe.7 Riro FROM SEI.LP.RS FUNDS T sETnJMB+r 703. Commission Paid at Settlement 3,3845,76 704. Referral Fee to Mountain West Realty Corp. M15194574 66024 800, !TENS PAYABLE IN CONNECTION WITH LOAN 801. Loan Origination Fee % to ' 802. Loan Discount % to 803. Appraisal Fee to 804. CredtReport to 8D5. Landefs Inspection Fee to 806. Mortgage bns.App. Fee to 807. Assumption Fee to 808- $09. 810_ 811. 900. i11'EMS REQUIRED BY LEN DER TO BE PAID IN ADVANCE 901. Interest From "IJday days %) 902 Martgage Infor months to surarice Premium 903. Hazard Inswance Premium for yearsto 904. 9D5. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance S per 1002 Mortgage insurance $ per 1003. Ci /Town Taxes - $ r 1004. County Tares $ per 1005- Assessments Q $ per 1006. R S per 1007. S per 1008. Gm S per 1100. TITLE CHARGES - 1101. SeMement or Closing Fee to SMB Erterprlses. LLC dna Midland TIBe 275.00 1102. AbstraclTtle Search/Prowss to SMB Enterprises, LLC dba Midland Title 200.00 1103. Title fxamia2tf. to SMB Eliter rises. LLC dba Mddland Title 200.00 1104. Title Insurance Binder to SMB Enterprises, LLC dba f4diand Title 1105. DoctmentPreparation to West Title LLC 150.00 1106. Settlement orClosing FEe to WeslTille•LLC 350.00 1107. Wire Fee • to SMB Enterprises, LLC dba 1uLdland Title 25.00 (Includes above Item numbers: 1108. Title Insteance to 238.00 7.60 to StewartTibe Guaranty CornparV, 1190,40 to SM8 Erttarprises,dba M mcludas above lbemnumbersl109 and 1110 1909. Lenders Coverage $ 310,OwnerJ Coverage $ " 67,600.00 238.00 1111. Plat/Pty Inspec8onlReview to SMB Enterprises, LLC dba Midland Title 50.00 1112 Assessment SearchlReview to SMB Enterprises, LLC dba Midland Title 45.00 1113. Seller's Marketability Report to West Title, LLD 375.00 1114. Ov"ghtfee to WestTiiOe,LL.0 25-00 1115. Record POA to SMB Enterprises, LLC dba Mtdiand Title 46.00 1116. Record CerLTrust/Affrdavi: to SMS Enterprises, LLC dba Midland Title 46.00 1117. Curative Fee to Servicel-ink&a LIPS DeIault&Tit e 50.00 1118. Mowing Fee to Ctty of New Hope - 199A6 1200. GOVERNMENT RECORDING AND TRANSFERCHARGES - 1201. Recording Fees: Deed $ 46.00; Mortgage $ Releases $ 46.00 1202 CI /Cou TaidStam : Deed • Mortgage 7203. State Tu Sta s; Deed 229.84; Mortgage 229.84 120.4. Conservation Fee to Henn 5.00 1205. Utility Bill . to City of New Hope 75.68 1300.ADDMNAL SETTLEMENT CHARGES 1301. Stxvey to ' 1302. Pest Inspection to 1303. Courier/tAfire Processing Fees to SMB Entetprises. LLC dba Midland Title 30.00 1304. Doc Handling Fee/Svc Fee to SMB Enterprises. LLC dba Wdland Title 30.00 1305. Review00e to West Title, LLC 100.00 14D0. TOTAL SETTLEYAENT CHARGES fEater on Lines 103, SeWon J and SMSection K 1,114.00 5.732.98 tMT1541904•CIM 5410tl4C 114) ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT Buyer: Economic DevelopmentAuthority of the City of New Hope Seller: The Bank of NewYork Mellon, as Trustee, etc. Lender: —none— Settlement Agent: SMB Enterprises, LLC dba Midland Title (612)866-6102 Place of Settlement: 7760 France Ave. So. # 140, Bloomington, MN 55435 FILE NO. MT15-81004-R Settlement Date: July 29, 2015 Property Location: 4415 Nevada Avenue No, New Hope, MN 55428 (Hennepin County) (PID 17-118-21=21-0019) I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, It is a true and accurate statement of all receipts and disbursements made on my account or by mein this transaction. [further certify that I have received a copy of the HUDA Settlement Statement. Economic Development Authority, in and for the City of New Hope Kirk McDonald, Executive Director Select Portfolio Servicing Inc., asAttorney,in-Fact for The Bank of New York Melton flWa The Bank of New York, as successor -in -interest to JPMorgan Chase Sank, NA, as Trustee for Bear Steams Asset Backed Securities, Bear Steams ALT -A Trust, Mortgage P -Through Certificates, S ie 006-1 BY: Tracee Validerl_irlden, Doc_ COntrOf Officer Its To the best of my knowledge, the HUD -1 Settlement Statement which l have prepared is a true and accurate accou of the funds which were received and have been or will be disbursed by the undersign � pert of the�e$Eemen o this transaction. Mv V ,(11L!"V S B Enterprises; C dba Midta Title SettfementAg nt (` MANING: It L a crime to knowingly makefolse statements to the United States on this orwW similar form. Penalties upon conviction can Include a fine and Imprisonment. For detarls see: Tide 18 U.S. Code Section 1001 and Sectlonlala (MI15-81004-C.PFDMr15-81004-rA 4) ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT Buyer: Economic Development Authority of the City of New Hope Seller: The Bank of NewYork Mellon, as Trustee, etc. Lender: --none-- Settlement Agent: SMB Enterprises, LLC dba Midland Title (612)866-6102 Place of Settlement: 7760 France Ave. So. # 140, Bloomington, MN 55435 FILE NO. MT15-81004-R Settlement Date: July 29, 2015 Property Location: 4415 Nevada Avenue No, New Hope, MN 55428 (Hennepin County) (PID 17-118-21-21-0019) I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. Economic Development Authority, in and for the City of New Ho 1 By: Kirk McDonald, Executive Director Select Portfolio Servicing Inc., as Attorney -in -Fact for The Bank of New York Mellon f/k/a The Bank of New York, as successor -in -interest to JPMorgan Chase Bank, N.A., as Trustee for Bear Stearns Asset Backed Securities, Bear Stearns ALT-ATrust, Mortgage Pass -Through Certificates, Series 2006-1 L111 To the best of my knowledge, the HUD -1 Settlement Statement which 1 have I of the funds which were received and have been or will be disbur by the this transaction. Settlement Ag Vt and accurate ac unt rtof th settle tof / dba MidlaM Title WARNING: It is a crime to knowingly make false statements to the United States on this or any similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. (MT15-81004-C.PFD/MT15-81004-C114) ( New Hope Development Update - July 30 .�— Scattered Site Housing Program - 4415 Nevada Avenue North Project Overview In a continued effort to keep residents informed of current development projects, the city would like to notify nearby land owners of the city's latest property acquisition. On July 29, 2015, the city closed on the purchase of the foreclosed single family home located at 4415 Nevada Avenue North. This acquisition is part of the city's scattered site housing program that focuses on cleaning up distressed and vacant properties. City staff is now working to prepare the home and detached garage for demolition so that two new single family homes can be built in their place. Recently, an environmental assessment was ordered on the property to identify any potential hazardous materials. If hazardous materials such as asbestos are found, they will be removed before demolition. City staff anticipates that the home will be razed sometime this September. While the house waits for demolition, the New Hope Police Department and West Metro Fire intend to use the home for training activities. Therefore, if you see police or fire personnel at the home, they are likely conducting scheduled trainings. Future updates will be sent to keep you informed of the project progress. Hours &t City Contact • Allowable Construction Hours Weekdays 1 7 a.m. to 10 p.m. Weekends & Holidays 1 9 a.m. to 9 p.m. • City of New Hope Community Development 763-531-5114 1 ci.new-hope.nat.us • West Metro Fire, Assistant Fire Chief 763-230-7004 Payee: 111833 PROPERTY ADVISORS REALTY S,jpplier Invoice No Date Remark 6162015 6/16/2015 Check No. - 161427 Check Date - 6/1'1/2015 PO PLEASE DETACH BEFORE DEPOSITING ® WELLS FARGO BANK CITY OF NEW HOPE NEW MOPE, NINN, 65428 4401 Xylon Avenue No. 1b14Z/ Stub 1 of 1 6, 760. CO 6,760.00 161427910 New Nope, Minnesota 55428 VOID AFTER 90 DAYS NUMBER 00161427 DATE 6/17/2015 AMOUNT $**#**6,76C.00 PAY SIX THOUSAND SEVEN HUNDRED SIX'T'Y AND 00/100***+**"*"#*#*##_*+#*++=x#+►.«#�#*+*#._++++ TOTHE . PROPERTY ADVISORS REALTY ORDER . 1589 HWY 7 STE 200 OF HOPKINS MN 55305 u, 1614270 j:09 10000 &9,:80 2 i 1 34 l 2u' 3. 4. 5. PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS"', which disclaims any liability arising out of use or misuse of this lorrn. 02014 Minnesota Association of REALTORS®, Edina, MN 1. Date 6/18/2015 2. Page 1 of 13 BUYER (S): City of New Ho RDA Buyer's earnest money in the amount of 6. Six Thousand Seven Hundred Sixty Dollars ($ 6,760.00 ) 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: 4415 Nevada Avenue N 13. City of New Hoag , County of Hennepin 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. State of Minnesota, legally described as AUDITOR'S SUED. NO. 324 B 130 FT OF LOTS 26 AND 27 Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not limited to, the following (collectively the "Property"): garden bulbs, plants, shrubs, trees, and lawn watering system; shed; storm sash, storm doors, screens and awnings; window shades, blinds; traverse, curtain, and drapery rods, valances, drapes, curtains, window coverings and treatments; towel rods; attached lighting and bulbs, -fan fixtures; plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; air exchange system; radon mitigation system; sump pump; TV antenna/cable TV jacks and wiring/TV wall mounts; wall/ceiling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, door and heatilators, BUILT-INS: dishwashers; refrigerators; wine/beverage refrigerators; trash compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; intercoms; speakers; air conditioning equipment; electronic air filter; humidifier/dehumidifier; liquid fuel tanks (and controls); pooVspa equipment; propane tank (and controls); security system equipment; TV satellite dish-, AND the following personal property shall be transferred with no additional monetary value, and free and clear of all liens and encumbrances: Notwithstanding the foregoing, leased fixtures are not included. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 35. Seller has agreed to sell the Property to Buyer for the sum of ($ 67,600.00 36. Sixty -Seven Thousand Six Hundred Dollars, 37. which Buyer agrees to pay in the following manner: 38. 1. CASH of loo percent (%) of the sale price, or more in Buyer's sole discretion, which includes the earnest 39. money; PLUS 40. 2. FINANCING of o 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) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first mortgage with 43, subordinate financing, as described in the attached Addendum: 44. ❑ Conventionef ® FHA ❑ OVA ❑ Assumption ❑ Contract for Deed ❑ Other: ------• .......... .... •---•-----._.......................... ....... ..................... (CAedcone.----------------------- ----------- ---------------------- ------------------------ •---- 45. The date of closing shall be on or before 7/31 __ , 20 15 � :-. WIRA•1 (8/14) F SUBJECT TO COUNTED{ OFFER It t AND/OR ADDENOW PURCHASE AGREEMENT 46. Page 2 Date 6/18/2015 47. Property located at 4415 Nevada Avaaue N NOW Hopo UN 55428 48. This Purchase Agreement ❑ IS g IS NOT subject to an Addendum to Purchase Agreement Sale of Buyer's Property --•--••(Check 49. Contingency 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 Q IS NOT subject to cancellation of a previously written purchase agreement .......(Check on&) -•-•-- 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 of Purchase Agreementconfirming 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 ❑ Elects © Declines to have a ............(Cheek one.} ----------- 58. Property inspection performed at Buyer's expense. 59. This Purchase Agreement ❑ IS Q IS NOT subject to an Addendum to Purchase Agreement: Inspection Contingency. -----(Check are -)------- 60. (If answer is IS, see attached Addendum.) 61. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one): 62. 0 Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or 63. ❑ 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): SUBJECT TO COUNTER OFFER 71, ANO/OR ADDENDUM - 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 Q PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due --- .------- ------ _..... ---- ----------------------- (Check one.} ------- -------------------- -•--•---- - - - - - - 75. and payable in the year 20 1s 76. Seller shall pay © PRORATEDTO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due and --••---•-- ----- one.} --- ---- ------------------------------- -- - - - - 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. ❑ SHALL © SHALL NOT pay the difference between the homestead and non -homestead. ...............-lchedk one. j--------------- 80. Buyer shall pay real estate taxes due and payable in the year following dosing and thereafter, the payment of which 81. is not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes. 82. DEFERRED TAXES/SPECIAL ASSESSMENT'S: 83. ❑ BUYER SHALL PAY 0 SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green - ------ -------------------- - fcheckone.}-•--•.-...........-..............--- 84. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 85. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑Q SELLER SHALL PAY ON ------------ ------------- .------ --------------------- ....... - - -- (Check one.}•----- ---------------------- ------------------------- ----------------------- -------------- 86. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 87. payable in the year of dosing. MN:PA-2 (8114) PURCHASE AGREEMENT 88- Page 3 Date 6/18/2015 89. Property located at 4415 Nevada Avenue N New Eope ter 55428 90. ❑ BUYER SHALL ASSUME 0 SELLER SHALL PAY on date of closing all other special assessments levied as ._-- .... -...... ........ ._.- ...... (Cleedc ones------------ -- - ------------ 91, of the date of this Purchase Agreement. 92. F❑ BUYER SHALL ASSUME X] SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as --...............----•---------------•--•--------•------lchft* one.!- ------------- ------ ------------ 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 lender.) 96. Buyer shall pay any unpaid special assessments payable in the year following 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 [] HAS FK] HAS NOT received a notice - - (cheorr one.) ----------- 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 absence of such agreement, either party may declare 104. this Purchase Agreement canceled by written notice to the other party, 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 immediately after closing. 109. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the Property 110. by possession date. 111. 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 Iasi 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 tide and a copy of any owner's title insurance policy for the Property, if 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 additional 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. Lacking 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. If 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, Seiler 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 all 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 (8114) SUBJECT TO COUNTER OFFER AND/OR ADDENOUM PURCHASE AGREEMENT 139, Page 4 Date 6/18/2015 140. Property located at 4415 Nevada Avenue N New 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 Property is subject to restrictive covenants, Seiler 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 verify 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 Property 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. If 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 affirm 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 defautts 171. in any of the agreements hereunder or there exists an unfulfilled condition after the date specified for fulfillment, 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}: ❑ 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 Disclosure Statement: 184. Seller's Disclosure Alternatives 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.; MN:PA-4 (8114) SUBJECT TO COUNTER OFFER ANO/OR AOOENOV PURCHASE AGREEMENT 188. Page 5 Date 6/18/2015 189. Property located at 4415 Nevada Avenue N Now Hope NN 55428 190. (Check appropriate boxes.) 191. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO. - 192. O:192. CITY SEWER MX YES ❑ NO / CITY WATER 91YES ❑ NO 193. SUBS-URFACE SEWAGE TREATMENT SYSTEM 194. SELLER ❑ DOES ❑ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR ---------------- 195- -------------- 195. SERVING THE PROPERTY. (if answer is DOES, and the system does not require a state permit, see Disclosure 196. Statement: Subsurface Sewage Treatment System.) 197. PRIVATE WELL 198. SELLER ❑ DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. -------------------(Chadc 199. (if answer is DOES and well is located on the Property, see Disclosure Statement: Well.) 200. THIS PURCHASE AGREEMENT ❑ IS gj IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: -------••lGYrecic one.}._.-.. 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 ADISCLOSURE STATEMENT.•WELL AND/ORADISCLOSURE 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 registry 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 PROTECTION/WARRANTY 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, limitations and service fees. Most plans exclude pre-existing conditions. (Check one.) 214. ❑ A Home Protection/Warranty Pian will be obtained and paid by❑BUYER ❑ SELLER to be issued by _-........�C one. ---- ---------- 215. at a cost not to exceed $ 216. 0 No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 217. to purchase a Home Protection/Warranty Plan. 218. NOTICE 219. Jeffrey J Detloff is ®Q Seller's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. (L-) ------•---•............ ......... _...._...-.(Cbedr one.} - - ----- --------- 220. ------- 220. Property Advisors Realty LLC (Real Estate Company Name) 221. Anthony Hawk is ❑ Seller's Agent D Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Ucensee)---- ------------- •-•--------- -- ... ................. lC vck one.} ....... _--- _--- -. 222, Hawk Realty Company (Real Estate Company Name) 223. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MNYA-5 (8/14) SUBJECT TO COUNTED OFFER AND/OR ADDENDUM PURCHASE AGREEMENT 224. Page 6 Date s/18/2015 225. Property located at 4415 Nevadan Avenue N New Ho MH 55428 226. DUAL AGENCY REPRESENTATION 227. PLEASE CHECK ONE OF 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 Seller(s) and the Buyer(s) of the Property involved in this transaction, which 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 information 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 its 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 currency for 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 oonstitute 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. SUBJECT TO COUNTER DAR 263. ANDIDR ADDENDUM 264. 265. 266 267 MN: PA -6 (all 4) PURCHASE AGREEMENT 268. Page 7 Date 6/18/7015 269. Property located at 4415 Nevada Avenue H Now Hope NN 55478 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, online 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 conditions 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. &If checked, this Purchase Agreement Is subject to 280. attached Addendum to Purchase Agreement: 281. Counteroffer. We) X (Buyers signature) ( ) X city of aar rap• icama"a Vw 19Vs t huteority Select laartiolio Sertlicir IMC. as (Buyers Printed Name) Attornev in Fact X (Marital Status) (Marital Status) 6-30-2015 285. x x (Sellers Signature) (Buyer's Signature) (Dale) 286. X X (Sailers Printed Name) (Buyers Printed Name) 287. X X (Marital Status) (Marital Status) 288. FINAL ACCEPTANCE DATE: The Final Acceptance Date 289. is the date on which the fully executed Purchase Agreement is delivered. 290. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 291. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 292. 1 ACKNOWLEDGETHAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEWTHE DISCLOSURE 293. STATEMENT ARBITRATION DISCLOSURE AND RESIDENTIAL REAL P OPERTYARBITRATION REEMENT, 294, WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PART HIS PUR HASE 4GREMENT. 295. SELLER(S) BUYER(S) 1 �` city or Ir" sop* femme D v Iclwat lut►ority 296. SELLER(S) BUYER(S) MN:PA-7 (8/14) PROPERTY ADVISORS [Realty 1- 1 11qq ADDENDUM TO PURCHASE AGREEMENT: BUYER PURCHASING "AS IS" AND LIMITATION OF SELLER LIABILITY This form aMoved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of fts form. C 2014 Minnesota Association of REALTORS•, Edina, MN 1. Date 6/15/15 2. Page 3 3. IN THE EVENT SELLER HAS COMPLETED, AND BUYER HAS RECEIVED, A 4. SELLER'S PROPERTY DISCLOSURE STATEMENT, DO NOT USE THIS 5. ADDENDUM WITHOUT FIRST SEEKING LEGAL ADVICE. S76. Addendum to Purchase Agreement between parties, dated q L", I _,20 IS - 7. . pertaining to the purchase and sale of the Property located at 4415 (/ Nevada Avenue N 8. Nov Hope ffiQ 55426 9. Lim talion of Seller Liability: The Property 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 -Is" 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. Seiler and Buyer shall execute a Sellers Disclosure Alternatives with the "Waiver" section completed. Seller remains 16. obligated to make "Other Required Disclosures' in the Disclosure Statement. Sellers Disclosure Attematives. Except 17. for "Other Required Disclosures," Buyer acknowledges that Seller has not made any oral or written representations 18regarding 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 THI DDENDUM. 1 25. (Sewes souture) 13UEJECT TO COUNTER UfER (Date) (Buyers slgnawre) > AND/OR ADOENOUM 26. (seller's signature) (Date) (Buyer's Signature) (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:AI (8/14) ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS•, which disclaims any liability arising out of use or misuse of this form. 9 2011 Minnesota Association of REALTORS°, Edina, MN 1. Date 6/18/1015 2. Page 9 of 13 3. Addendum to Purchase Agreement between parties, dated June 18 , 20 15 pertaining to the 4. purchase and sale of the property at 4415 Nevada Avenue N 5. New Hope, XN 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. Review and approval of the terms of the purchase agreement by the New 10 Hope City Council/BDA (estimated to be June 22, 2015)1 11. if the above contingency is not met, Buyer may declare this purchase 12 agreement cancelled by written notice to Seller, or licensee representing or assisting Seller, in which case this purchase agreement 13. is cancelled. If Buyer declares this purchase agreement cancelled due 14, to the failure of the above contingency, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said 15. cancellation and directing all earnest money paid hereunder to be 16. refunded to Buyer. 17. 18. 19. Buyer agrees to assume repairs required by the City of New Hope Point 20. of Sale inspection. 21. 22. 23. 24. 25. 18JECT TO COUNTER OHSR 26. AND/OR ADDENDUM 27. 28. 2t 3t 312j Select Pia rtfo i iso Se nj icing, I N: , as 0) (Buyer) (Date) Atto rnev in Fact 32.6-30-2015 (Setter) (Date) (BUY-) (oats) 33. IING CONTRACT BETWEEN BUYERS AND SELLERS. 34, II X ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -APA (8111) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31 AMENDMENTTO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form. V 2006 Minnesota Association of REALTORS, Edina, MN 1. Date June 23, 2015 The undersigned parties to a Purchase Agreement, dated 6/18/2015 , pertaining to the purchase and sale of the property at 4415 Nevada Avenue N. New Hope, MN 55428 hereby mutually agree to amend said Purchase Agreement as follows: Buyer removes contingency for review and approval by the New Hope City Council included on page 9 of 13 in the purchase agreement. City council approved the purchase 6/22/2015. SUBJECT TO COUNTER OAR ANO/OR ADDENDUM All other terms and conditions of the Purchase Agreement to reMairythe same. (Seller) (Date) (Buyer) ?(Date) 32. (Seller) (Date) (Buyer) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -AMD (8106) (Date) /Psta»�t orms ADDENDUM TO PURCHASE AGREEMENT This loan approved by be N kmfuts Asaodsbm of REALTORS''. whic?► dWcWma any lfa>My wWng out of use a frdmm of Vft lr,.m. a 2006 Mfm Bots0W d REALTORS", Eftna, MN rAk'-jL t. Date11 2013 2. Page ' C 13 3. Addendum to Purchase Ageeme nt between parties, dated i .20 S , peria nhV to the 4. purchase and sale of the property at 5. Buyer(s) hereby acknowledge they should use their inspection period to examine 6, the property both physically and politically, ie check assessments, truth in housing 7. and/or code compliance requirements, zoning, rental licensing requirements, etc. B. 9. Buyer(s) will assume all R & R's on city truth in housing/code compliance/point 1o. of sale report. Buyer(s) will assume all inspection, registration, permit, vacant t1. building registration fees and/or bond fees required by city. 12. . 13. Buyer must check with city and assume stop box repairs and/or replacement. 14. If applicable buyer will sign city escrow agreement and escrow funds with the 15. city, county, and/or buyers lender for any and all required R & R's, work orders, 16. code compliance, septic system, wells, city sewer upgrades, repairs or connection, 17. stop box repairs or replacement, meter repair or replacement, etc. 1a. . 19. Buyer(s) will assume any city assessments or charges for connecting or 20. disconnecting the water meter on the subject property. Some cities including but 21. not limited to the city of Minneapolis can assess a water meter tampering or 22. replacement charge of approximately $200.00. This fee must be paid for by the 23, buyer. 24. . 25. Buyer(s) to be responsible for purchase and installation of carbon monoxide 26. detectors per Minnesota Law. 27. 2a, if there is any conflict between the MAR purchase agreement and the sellers counter. 29. offer addendums, the sellers counter offer addendums shall control. 30. r 31. `Soft) SUBJECT TO COUNTER OFFER Pow) """) f AND/OR ADDENDUM 32. (swn (Dale) (Swa) (Dan" 33. TICS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL MN -APA (8=) Uy 11 e✓ P le 116124 IS REAL ESTATE DISCLOSURE ADDENDUM AND RELEASE BuverW and Buverfs) Arent acknQ lWed1e that they are aware that due to gwssib& rger damage an Jar exec ive moustun mold mildew andlor othgr microscopic organisms may be present within the subiect propetfi►. fluverW and Buyer -W Agorga afire that emmure to certain species of mold r{{gv_pose seriar�s health riskm particularly in individuals MM immungy,i nteficiencies. allerries or re�pr!'rntors+ prnbl ms, and XMI children and elderly ne{sons. To the beg ofSeller's knowledge. tea tests have been perfor_ a_ d anif no investiggtion undertaken in connection with mold. &NMI sgons, or any other uticroscon oreanisnrs that maybe present within the subiec( prnt=. Swer,(s) and Huverstsl Agent acknmvledged 4 propem is being sold and conveyed "AS IS': B vents) and Buverfsl Agent further acknowledeg {hat under the terms of the Contract e f Sale. BuyeCM have had, or wilt have had, gdeC to CWn fug and timely gggg ,unity to make a complete inspection ofthe� ertp. including any environinen al insgectLon or investigation of the subiect property. BuyerW gnd Buyer(i) Agot gWe ft (he pyrchase price of the n%perty n&ccls the U=ed ygon value of the gwoerty "AS IS`. hictudlitz the rtforententtoned disclosures. Buyer further acknowledges that Minnesota Stat{tte 229.51;eouires installation of a UL listed Carbon Monoxide alarm within 10 feet ofanp lawful steeping area. Buyer assumes anansibility for instaffifip, aid alarms to comply with the law. Buyer is responsible for any water or utility reconnection fees. In the event that utilities are disconnected for any reason Seller will not reconnect or reactivate them. Seller has not made and does not make any express or implied representation or warranty of any kind with respect to the environmental condition of the subject property or whether it is in compliance with any !oral, state, or fiederal environmental law, code, or standard. Buyer(s) and Buyer(s) Agent hereby agree not to pursue any claim against Seller or its Agents for any violation of any such laws, codes, standards, or for cost incurred in conducting investigations pursuant to such laws, codes, or standards. In addition, Buyer(s) and Buyer(s) Agent agree to fully and forever release, discharge and hold harmless Seller, its agents, employees, contractors, and representatives from and against any claims, damages, losses, costs or expenses of any kind sustained or arising directly or indirectly from or in connection with any known or unknown condition of the suhject property. Buyer Buyer to Date SUBJECT TO COUNTER UfffR Buyer Agent- PLEASE SIGN Date AND/OR ADDENDUM ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form. ® 2009 Minnesota Association of REALTORS", Edina, MN 1. Date 6/18/2015 2. Page 12 of 13 3. Addendum to Purchase Agreement between parties, dated 6/18/2015 , 4. pertaining to the purchase and safe of the property at 4415 Nevada Avenue N 5. New Hope, NN 55428 6. Section 1: Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was built prior to 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 lead poisoning. Lead poisoning in young 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 paint and/or lead-based paint hazards are present in the housing 19. (explain): 20. 21. ❑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. ❑ 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. i 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. ❑ Received a 10 -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 (if checked, 35. see Section 11 on page 2A or 36. © Waived 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 (8/09) SUBJECT TO COUNTER OFER AND/OR ADDENDUM ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 38. Page 13 of 13 39. Property located at 4415 Nevada Avenue x lgew Hope, lit 55428 40. Rea a Licensee's Acknowledgement (initial) 41. f (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, 47 48. (Seller) � (Date) (awar) (Date) SUBJECT TO COUNTER OFFER AND/OR ADDENDUM (se+ar) (Date) ( a ) Jef fre tlof f (Date) v' (Bea (Date) (Real E naee) Anthony Hawk (Date) 49. Section 11; Contingency (Initial only if first box under (e) is checked in Buyer's Aclwow/edgment 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 []ten (10) ❑ 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. tf 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 (B) 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. TLX:SALE-2 (8109) DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL %BJECT TO COUNTER OFFER PROPERTY ARBITRATION AGREEMENT AND/DR ADDENDUM This form approved by "ie Minnesota Association of REALTORS", which disclaims any liability arising out of use or misuse of this form_ 0 2014 Minnesota Association of REALTORS, Edina, MN 1. Pagel 2. ARBITRATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing 5. to binding arbitration, you give up your 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 Agreernent 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 property, excluding 17. disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims 18. of fraud, misrepresentation, 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 fees. 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, it 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 dosing 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. limitation 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 the other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator 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 party's own expense, if he or she gives five 37. (5) days advance notice 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 writing 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 granting 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 or on the Web at www.ncdsusa.org or from your REALTOR®. If you have any questions 46. about arbitration, call NCDS at (866) 777-8119 or (866) 727-8119 or consult a lawyer. MN:DS:ADRAA-1 (8114) SUBJECT TO COUNTER ODER DISCLOSURE STATEMENT: ARBITRATION ANDAR ADOENDUTA 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 (t) IN FULL BEFORE SIGNING. 50. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. For the property located at 4415 Nevada Avenue 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. enjoyment of 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. 66. 67. 68. dated JtMe 18 20 1 , including claims of fraud, misrepresentation, warranty and negligence, shall be settled by binding arbitrat National Center for Dispute Settlement shell be the arbitration service provider. The rules adopted by National Center Dispute Settlement and the Minnesota Association of REALTORSO shall govern the proceeding(s). The rules that sh govern the proceeding(s) are those rules in effect at the time the Demand for Arbitration is filed and include the rul specified in the Arbitration Disclosure on page one (1). This Agreement shall survive the delivery of the deed or tract for deed in the Purchase Agreement. This Agreement is only enforceable if all buyers, sellers and licensees rep senting or assisting the buyers and sellers have agreed to arbitrate as acknowledged by signatures below, For purp s of this Agreement, the signature of one licensee of a broker shall bind the broker and all licensees of that broker. (sellers somwrn) (Date) (seliees Printed Name) (8uY'ers (Setter's Signature) (Seals Printed Name) (Licensee Representing or Assisting Seller) Jeffrey J Detloff (Date) Meyer's Signature) (buyers Printed Name) (Date) (Uoeneee Representing or Assisting Anthony Hawk 69 Property-Advisore Realty LLC (Company Nemo) — (company Name) (Date) (Date) (Date) 70. THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDINCONTRACT 71. BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT LAWYER. MN:DS:ADRAA-2 (8114) A'�\ DISCLOSURE STATEMENT: PROMTYADWSORS SELLER'S DISCLOSURE ALTERNATIVES Trus form approved by the Minnesota Association of REALTORS*, which disclaims any liability arising out of use or misuse of flits form. ® 2014 Minnesota Association of REALTORS, Edina. MN 1. Date 6115/15 2. Page 1 of pages: RECORDS AND 3. REPORTS, IF ANY, ARE ATTACHED HERETO AND 4. MADE A PART HEREOF 5. Property located at 4415 Nevada Avenue N 6. City of Now Sopa , County of ae=apin , State of Minnesota. 7. NOTICE: Sellers of residential property, with limited exceptions, are obligated to satisfy the requirements of MN Statutes 8. 513.52 through 513.60. To comply with the statute, Seiler must provide either a written disclosure to the 9. prospective Buyer (see 0sclosure Statement: Seller's Property Disclosure Statement) 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 gm@ option only.) 14. 1) ❑ QUALIFIED 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 report, or material facts known by Seller that are not included in the 22. report - 23. The inspection report was prepared by 24. , 25. and dated , 20 . 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. 29. 30, 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) © WAIVER: The written disclosure required maybe waived if Seller and 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 property, 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 MN Statutes 513.52 through 513.60 does not waive, limit or 46. abridge any obligation for Seller disclosure created by any other law. MN.DS:SDA-t (8n4) lIDMw & SUBJECT TO COUNTER OFFER sun /nn Annrurnua DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 47. Page 2 48. Property located at 4415 Nevada Avenue N Now Hope NN 55479 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 fisted below. 52. Additionally, there may be other required disclosures by federal, state, local or other govemmental entities 53. that are not listed below. 54. A. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 55. disclosure is required by MN Statute 115.55.) (Che(* appropriate bon.) 56. Seller certifies that Seller ❑ DOES ❑ DOES NOT know of a subsurface sewage treatment system on or serving --------(Check one.)----•---• 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. Q There is a subsurface sewage treatment system on or serving the above-described real property. 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.) 64. (Check appropriate box.) 65. Q Seller certifies that Seller does not know of any wells on the above-described real property. 66. ❑ Seller certifies there are one or more wells located on the above-described real property. 67. (See Disclosure Statement: Well.) 68 69 70 71. 72 Are there any wells serving the above-described property that are not located on the property? []Yes ❑ No To your knowledge, is the property in a Special Well Construction Area? ❑ Yes ❑ No Comments: 73. C. VALUATION EXCLUSION DISCLOSURE: (Required by MN Statute 273.11, Subd. 16) 74. There ❑ IS © IS NOT an exclusion from market value for home improvements on this property, Any valuation ----••Pw* one.) ------ 75. exclusion shall terminate upon sale of the property, and the property's estimated market value for property tax purposes 76. shall increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 77. consequences. 78. Additional comments: 79. 80. 81. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 82. (A methamphetamine production disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 83. Q 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: Methamphetamlrre Production.) MRDS:SOA-2 (8114) SUBJECT TO COUNTER OFFER AND/OR ADDENDUM rRnrEan �ovisoa a DISCLOSURE STA1fEMENT: SELLER'S DISCLOSURE ALTERNATIVES 86. Page 3 87. Property k)cated at 5415 Nevada Avenue N New Hope Np 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 d elevated radon concentrations are found. Elevated radon concentrations can easily 93. be reduced by a qualified, certified, 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 with 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 ftnsaeWom, which can be found at 101. www.heafth.state.mn.us/divs/eh/indoorair/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 within 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) ❑ HAVE © HAVE NOT occurred on the property. 110. (b) Describe any known radon concentrations, mitigation, or remediation. NOTE: Seller shall attach the most Ill. current recur& and reports pertaining to radon concentration within the dwelling: 112. 113. 114. 115. (c) There Q IS R] IS NOT a radon mitigation system currently installed on the property. 116. If "IS,' Seller shall disclose, if known, information regarding the radon mitigation system, including system 117. description and documentation. 118. 119. 120. 121. F. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property maybe 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 it 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. WDS-SDA-3 (8/14) SUBJECT TO COUNTER ORR ANVOR AODENOUM ��► DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 129. Page 4 130. Property located at 4413 Nevada Avenue N New Hope KK 55428 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 and doors, 136. improper grading, 137. Hooding, 138. • roof leaks. 139. Examples of interior moisture sources may be 140. 0 plumbing leaks, 141. • condensation (caused by indoor humidity that is too high or surfaces that are too cold), 142. 0 overflow from tubs, sinks or toilets, 143. 0 firewood stored indoors, 144. 0 humidifier use, 145. & inadequate venting of kitchen and bath humidity, 146. • improper venting of clothes dryer exhaust outdoors (including electrical dryers), 147. 0 line -drying laundry indoors, 148. 0 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 health 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. property. 160. For additional information about water intrusion, indoor air quality, moisture or mold issues, please view the 161. Minnesota Association of REALTORS* Desktop Reference Guide at www.mnrealtor.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) 351-7200, or from the Department of Corrections 166. web site at www.corr state.mmus. MN:DS:SDA-4 (8114) SUBJECT TO COUNTER OFFER AND/OR ADOENDW neorsarr ADVISORS DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 167. Page 5 168. Property located at _ 4415 Nevada Avenue N Now Hope NN 55429 . 169. J. SELLER'S STATEMENT: 170. (To be signed at time of listing.) 171. Seller(s) 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 Disclosure 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 Buyer's 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 Statementform. 183. WAIVER: If Seller and Buyer agree to waive the seller disclosure requirement, Seiler 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. 189. (ml-) (a 6-30-2015 (Date) Select Fbnblio Servic inL IPL. es Atto rnev i n Fvct 194. 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 Sellers Disclosure Altematives 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. 7n_made, other than those ade in thfs form. 195. iS (Buyer) ) +ryerj (Once) 196. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 197. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. MN:DS:SDA-5 (8114) SUBJECT TO COUNTER OBER AND/OR ADDENDUN1 Radonin Real Estate Transactions All Minnesota homes ran have dangerous levels of redoe Wo in them. Radon is a colorless, odorless and tasteless AEPAaTME of radieeetive pet that can seep into homes from the earth When inhaled, its radioactive particles can damage the cells that line the lungs. Long-term exposure to radon can lead to ley comer. About 21,000 Ling cenr:er deaths each year in the United States are caused by radar, making it a serious health conr em for all Minnesotans. It dean not seetter if the bases is olid sr crew and the onty way to know how much radon gas has orstered the home is to conduct a radon test. MDH estimates 2 if 5 baefae brig flefwv 2110 and 7 is 5 bean built sire 2911 exceed the 4.0 pCi/L action level. In Mimesota, buyers and sellers in a real estate transaction are free to negotiate radon testing and reduction. Ultimately. it is up to the buyer to decide an acceptable level of radon risk in the home. Prose dive buyers should keep in mind that it is inexpensive and easy to measure radon, and radon levels can be lowered at a reesonebfe cost The MDH Radon Program website prowdes more detailed information on radon, including the MDH brochure 'Keeping Your Home Safe from Radon. The Minnesota Radon Awareness Act does not require radon testing or mitigation. However, many relocation companies and lending institutions, as well as home buyers, require a radon test when purdhasing a house. 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 ret estate transactions. P1511 PG4 Qisclosure Requirements Effective January 1, 2014, the Minnesota Radon Awareness Act requires specific disclosure and education be provicec to potential tome buyers during residential real estate transactions in Minnesota This publication is being provided by the seller in order to meet a requirement at the Act. In addition, before tiisiol a rismili ee aprseeswt to sell or tressfer residestiul real pg w". die self shell disclose in writing to the buyer any knowledge the seller has of radon concentrations in the dwelling. The disclosure shall include. 1 whether a radon test or tens have occurred on the property, 2. the most current records and reports pertaining to radon concP rations widin the dwelling, 3. a description of any radon concentrations, mitigation, or remediation; 4. informadcn regarding the radon mitigation system, including system description and doamentation, if such system has been installed in the dw•ellLng; and 5. a radon warning statement ftaden Will I Statereset the Minnesota Department of Health strurngly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having the radon levels mitigated if elevated radon concer-ration are found. Elevated radon concer>Lrations cart easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator Every buyer of ary interest it residential real property is notified that the or•operty may present exposure to dangerous levels of indoor radon gas Chet may place the occupants at risk of developing radon - induced lung cancer. Radon. a Class A human carcinogen, is the leading cause of lung cancer in rxxismokers and the second leading cause overall The seller of any interest in residential ref property is required to provide the buyer with any information on radon test results of the dwelling " Radon Facts Hater dmgm as is rodent Radon is the member an eaun of bel claim it boa-smalim and the second leadhng cause of lung canner nverell, next to tobacco smoking. ThaNchJty, much of this risk can be prevented through teshng and taking action to reduce high levels of radon gas when and where they are found. Your risk for lung cancer increases with higher levels of radon gas, prolonged exposure and whether or not you are a smoker. lMtare is lour putlnt exposure to rodent Radon is present everywhere, and there is no known safe level Yrxr greatest exposure is where it can concentrate odours and where you spend most of your time. For most Minnesotans, this is at home Whether a hams is old or new, well -sealed or drafty, with ur without a basement, sur home cue boss hili levels d redia. Radon comes from the soil. it is produced lythe ltalty'lFNacay of uranium and radium commonly found in nearly all soils in h4ni m -0a. As a gas, radon moves freely through the soil and eventually into the air you breathe. Our homes tend to draw soil gases. including radon, into the str'uctum, I im a am boob, aroa't halon brrels rdused ubruadi Homes built in Minnesota since June 2OD9 are required to contain construction feaAres that may limit radon entry. These features are known as passive Radon Resistant New Construction fRRNCI. While these passive RRNC festures may lower the amount of radon in newer homes, it does not guarantee low levels, It, is recommended all 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 a radon fan in the attic. If you are buying a new home, ask if the home has any RRNC features and if the home has been tested. What is the re maimeudd aetioe based an oq rnseltst If the average radon in the home is at or sboet 4.1 pCVL, the house shsfdd he fixed. Consider fixing the home it radon levels are between 2 pCA and 3.9 pCl/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 achievahle. Any amount of radon, even below the recommended action level, carries some risk. Now are radon tuts conducted in real astate triessectiwts? Because of tfre unique nate-e of real estate transections, involving multiple parties Radon Tenting and financial interests, :.here are special protocols for radon testing. Name CSn*t self When teshing Be aware that any test lasting Less than three montft; i requires closer)-hn ise conditiorr� CICIN 404 taadltioas: Mean keeping all windows and doors closed, except for normal entry and exit. Before Intial: Begin cinsed-house conditions at least 12 hours before the start of the radon test. i Doriry Tooting: Maintain closed -house conditions during the entire duration of the short term test. iOperate home heating or cooling systems Fastest Securui /erstest `a7owast normally during the test. Test is corr�eted by i Two snortterm test One short-term test is t6a teat shalrhl be eoodsctad i Any radon test conducted for a real astate transaction a certd:ed cur uz"- kits are u� at the performed for a I needs to be placed in the lowest livable area of the with a cafibrmed i same time, placed 6-12 minimum of 48 hours. forme suitable for occupancy. In Minnesota, this is CRM for a rrni imum tndA-s apart, for a m r* Test kit is sent to typically in the basement, whether it is finished or of dg hogs mum of 48 hugs lab for arnalys s. a nfirashed. Test report is Test kits are Anotfner short-term The test kit should be placed analyzed La sent to the tab kit is used in the same . two to six feet above the ffoor Pns•.re that it is I for arx3fysis dace as the first, • at least three feet from exterior walls a valx; test. stetted right after the four inches away hon other objects The two test first test is • in a location where it won't be disturbed j results are averaged taken down. Test • not in enclosed areas to get the radon level is perhrnwd for a • not in areas of high heat on humidity I minimum of 48 hours. Test kit is sat to If the house hes multiple foundation types, it is reconrrim►ded that each of these be tested. For the lab for Sys instance, it the house has one or more of the following The two test foundation types -•basement, crq%4 spare. slab -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 crawispace and one room with a slab -on -grade area. Who should condtxt Was toting In rail estate transactions? All radon tests should be conducted in accordance with national radon measurement protocols, by a certified and MOH -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 MOH's Radon web site, A seller may have previously conddxxed testing in a property. If the test result is at or above the action level, the harre should be mitigated. Radon Mitigation Lewatisg ratio In saistiag hwoo — Rsdon IVM61000 When elevated levels of radon are found, they should be mitigated. Elevated radon concentrations can be easily reduced by a notionally certified and MDH-listed radon mitigation professional A list of these radon mitigation professionals can be found at MOH's Radon web site Radon mitigation is the process or system used to reduce radon connentrations in the breathing zones of occupied buildings. The goal of a radon mitigation system is to reduce the indoor radon levels to below the EPA action level of 4.O pCVL. A quality radon reduction (mitigation) system is often able to reduce the annual average radon level to below 2 0 pCi/L Active sub -slab suction (also celled sub -slab depressurization, or SSO) 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 standards of practice that need to be foilowed for the installation of these systems. More informatinn on radon mitigation can be found at the MOH Radon website. Atter a rW= reduction s,tstam is hmtww Perform an independent short-term test to ensure that the reduction system is effecuve. Make sure the radon system is operating during the entire test. Dice a confirmatory radon test shows low levels of radon in the forme, be sure to retest the rinse every two years to confirm continued radon reduction. CoollsetthemomAsidsaplopm if esu anon tawrtals abort earthing MON Notion Prosrsm rgsrdisg mdse testing or wlNption. 625 Robert 5t N P.O. Box 64975 A. ogr The MOH Radon Pram can provide: St. Paul. MN 55164-0975 l • Information about radon health effects, radon testing and radon mitigation. 16511 201-4601 a • Names of trainad, certified and MOH-risted radon professionals; 1(8001798-9050 Email health indoorair'@Stste.mn.u5 Web: www.health.sWta.mn.uslradon 10 1112012 1G W-3722 ADDENDUM TO CONTRACT Select Portfolio Servicing Street Address: 4415 N NEVADA AVENUE, NEW HOPE, MN 55426 Property* 0015194574 Seller: The Bank of New York, as successor Trustee f/b/o holders of Bear Stearns Asset Backed Securities I, LLC, Bear Steams ALT -A Trust 2006-1, Mortgage Pass -Through Certlflcates, Series 2006-1 Buyer(s): City of New Hope EDA Date: 612412015 Accepted Offer Details Item 11 Nem Detall Offer/Addendums Signed No Loan Down Payment Offer Price $67,600 Closing Date 7/31/2015 Initial Earnest Money $6,760 Earnest Money in form of Personal check Per Diem Rate _ Attorney Contingency No _ Inspection(s) Contingency No Mortgage Contingency No , y `Cash Offer T Yes Proof of Funds No Mortgage Pre -Approved Mortgage Conditions Loan Type Loan Amount Buyers's points/$ -- No Other Sellers Costs No Buyer Termite Report cost credit Buyer Home Protection Plan cost credit Buyer FHAIVA cost credit as amount Concession #1: Concession #2: Concession #3: Concession #4: Select Portfolio Servicing, Inc. Addendum to Real Estate Purchase Contract LOAN No.: Refer to Property#:0015184574 NOTICE: The property that is the subject of this Addendum is subject to prior sale or withdrawal from the market at any time, without notice, and Select Portfolio Servicing, Inc. reserves the right to consider and reject any and all offers received for the property. Any offer to purchase must be based solely on the purchaser's own investigation and no representations or warranties will be made by Select Portfolio Servicing, Inc. except as may be provided in this Addendum, and any sale will be subject to the terms and conditions of this Addendum. THIS ADDENDUM TO REAL ESTATE PURCHASE CONTRACT ("Addendum") is made a part of, and incorporated into, that certain Real Estate Purchase Contract dated the [Refer to Date) ("Contract") between Seller and Purchaser with regard to the Property (as such terms are defined below). This Addendum and the Contract are sometimes herein referred to collectively as the "Agreement." "Seller" Name: Select Portfolio Servicing, Inc., as attomey-in-fact "Purchaser" Name: [Refer to Buyer(s)] City of New Hope EDA "Property" address: [Refer to Street Address] 4415 N NEVADA AVENUE, NEW HOPE, MN 55428 Closing Date: [Refer to Closing Date] 7/31/2015 Purchase Price: [Refer to Offer Price] $67,600 Lead Paint Disclosure: Does the Property include a residential dwelling built prior to 1978? Check One (X_) Yes; ( ) No. If yes, the parties must complete the attached Disclosure Of Information On Lead -Based Paint and/or Lead -Based Paint Hazards. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser agree as follows: 1. Not Binding Until Accepted By Seller. Notwithstanding any verbal acknowledgment by Seller or any agent of Seller, Purchaser acknowledges and agrees that the Agreement is not binding on Seller unless and until approved by Seller's management and this Addendum is executed by all parties. The date of execution by Seller of this Addendum shall be referred to herein as the "Seller Acceptance Date." Notwithstanding Seller's acceptance, Purchaser acknowledges and agrees that the Property is subject to prior sale or withdrawal from the market by Seller at any time, without notice, and Seller reserves the right to consider and reject any and all offers received for the Property including Purchaser's offer. 2. Purchase Price. The purchase price for the Property shall be paid to Seiler immediately available funds (cashier's check, certified check or wire transfer) at the Closing (defined below). 3. Eamest Money. Immediately following Seller's acceptance of the Agreement, escrow will be opened by both parties with an escrow agent designated by Seller or otherwise acceptable to Seller. Purchaser shall deposit with Seller's escrow agent an earnest money deposit refer to Initial Earnest Money equal to the greater of 3% of the Purchase Price or $1,000.00 [Refer to Earnest Money] within 24 hours of Seller's written acceptance of the Agreement. 4. Time of the Essence; Closing Date. (a) Subject to Seller's right to extend the Closing Date (defined below), the parties agree that time is of the essence with respect to all dates specified herein, and Purchaser's performance under the Agreement and any addenda, riders or amendments thereto. (b) The closing of the purchase and sale of the Property ("Closing") shall be held in the offices of Seller's attomey or agent, or at a place designated and approved by Seller, unless otherwise required by applicable law. The date of the Closing [Refer to Closing Date] shall take place on or before the date set forth refer to Closing Date, or within five (5) days of final loan approval by Purchaser's lender, whichever is earlier, unless the Closing Date is extended in a writing signed by Seller and Purchaser pursuant to Section 4(c) or otherwise extended by Seller under the terms of Section 19 of this Addendum. If the Closing does not occur by the Closing Date, or in any written extension, the Agreement shall automatically terminate and Seller shall retain any Earnest Money as liquidated damages. (c) In the event Purchaser requests an extension of the Closing Date (which request shall be made in writing) and the Seller agrees to the extension, Purchaser shall pay to Seller a per diem extension fee ("Extension Fee") in the amount of [Refer to Per Diem] for each calendar day through and including the Closing Date specified in the written extension agreement. The Extension Fee shall be deposited in immediately available funds (cashier's check, certified check or wire transfer) with Seller or other party designated by Seller at the time of Purchaser's request to extend the Closing Date. Purchaser acknowledges and agrees that Seller will incur carrying costs related to any extension of the Closing Date and accordingly that the Extension Fee shall not be credited to Buyer at Closing and shall be in addition to the Purchase Price. The Extension Fee shall be nonrefundable to Purchaser except in the event Seller terminates the Agreement pursuant to Section 19. 5. Financing Contingency. Purchaser's obligation to purchase the Property under the Agreement: IS or IS NOT contingent refer to Mortgage Contingency on Purchaser obtaining financing for the purchase of the Property. (a) If Purchaser's obligation to purchase the Property is contingent on financing, Purchaser shall apply for and diligently pursue thereafter a loan at prevailing rates, terms and conditions. Purchaser shall complete and submit to a mortgage lender an application for a mortgage loan prior to the Seller's Acceptance of the offer. Purchaser shall use diligent efforts to obtain a mortgage loan commitment within refer to Mortgage Contingency of the date of Seller Acceptance Date. If, despite Purchaser's diligent efforts, Purchaser cannot obtain a mortgage loan commitment within the specified period, then either Purchaser or Seller may terminate the Agreement by giving written notice to the other party. In the event of a proper and timely termination of the Agreement under this Section 5(a), the Earnest Money shall be returned to Purchaser and the parties shall have no further obligation to each other under the Agreement. (b) Purchaser shall ensure that the lender selected by Purchaser to finance the sale shall provide applicable funding to the settlement agent selected by Seller on or before the date of settlement. Purchaser shall further ensure that the selected lender shall provide all lenders prepared closing documentation to the settlement agent no later than 48 hours prior to settlement. Purchaser acknowledges and agrees that Purchaser shall be in default under Section 20 of this Addendum if Purchaser's lender fails to fund and/or provide closing documentation as required by this Section 5(b) and that any extensions to Closing shall be subject to the provisions of Section 4(c) of this Addendum. 6. Inspection. (a) On or before [Refer to Inspection Contingency Date] of the Seller Acceptance Date, Purchaser shall inspect the Property or obtain for its own use, benefit and reliance, inspections and/or reports on the condition of the Property; otherwise, Purchaser shall be deemed to have waived such inspection and any objections to the condition of the Property and to have accepted the condition of the Property for all purposes. Purchaser shall keep the Property free and clear of liens and indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs, including attorney and paralegal tees, related to Purchaser's inspection. Purchaser shall promptly repair all damages arising from or caused by the inspections. (b) Purchaser shall not directly or indirectly cause any inspection to be made by any government building or zoning inspector or govemment employee without the prior written consent of Seller, unless such inspection is required by law. In any event, Purchaser shall provide written notice to Seller prior to any inspection to be made by any government building or zoning inspector or government employee. (c) If Seller has winterized the Property and Purchaser desires to have the Property inspected, the listing agent will have the Property de -winterized prior to inspection and re -winterized after inspection. Purchaser agrees to pay the expense of the foregoing de -winterization and re -winterization in advance to the listing agent. All amounts paid under this provision shall be nonrefundable. (d) Within three (3) calendar days of receipt of any inspection report prepared by or for Purchaser, but not: later than (the expiration of the Inspection Contingency Date refer to Inspection Contingency, whichever first occurs, Purchaser will provide written notice to Seller of any disapproved items. Purchaser's failure to provide written notice shall be deemed as acceptance of the condition of the Property. Upon request by Seller, Purchaser shall provide to Seller, at no cost, complete copies of all inspection reports upon which Purchaser's disapproval of the condition of the Property is based. In no event shall Seller be obligated to make any repairs or replacements whatsoever that may be indicated in Purchaser's inspection reports. Seller may, in its sole discretion, make such repairs to the Property under the terms described in Section 8 of this Addendum. if Seller elects not to repair the Property, Purchaser may cancel the Agreement not later than three (3) calendar days from the Sellers notification of election not to repair the property and the Earnest Money shall be returned to Purchaser. If Seller elects to make any such repairs to the Property, Seller shall notify Purchaser after completion of the repairs and Purchaser shall have three (3) calendar days from the date of notice to inspect the repairs and notify Seller of any disapproved items. Purchaser's failure to disapprove in writing such repairs shall be deemed as Purchaser's acceptance thereof. (e) In situations that are applicable, a structural, electrical, mechanical or termite inspection report may have been prepared for the benefit of Seller. Upon request, Purchaser will be allowed to review the report to obtain the same information and knowledge Seller has about the condition of the Property but Purchaser acknowledges that the inspection reports were prepared for the sole use and benefit of Seller. Purchaser shall not rely upon any such inspection reports obtained by Seller in making a decision to purchase the Property. (f) If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, Purchaser, at Purchaser's own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions and bylaws of the condominium, the planned unit development or the cooperative within seven (7) days of the Seller Acceptance Date. Seller agrees to use reasonable efforts, as determined in Seller's sole discretion, to assist Purchaser in obtaining a copy of the covenants, conditions and restrictions and bylaws. Purchaser will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Purchaser does not notify Seller in writing, within ten (10) days of the Seller Acceptance Date, of Purchaser's objection to the covenants, conditions and restrictions and/or bylaws. (g) This Section G(g) shall govem and apply if the Property includes a residential dwelling built prior to 1978. The parties agree to execute and deliver the attached DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS. Unless Purchaser has waived the right to conduct an inspection, the following shall apply: OPPORTUNITY TO CONDUCT A LEAD PAINT RISK ASSESSMENT OR INSPECTION: Purchaser's obligation to purchase the Property is conditioned upon Purchaser's approval of a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. The risk assessment or inspection ("Risk Assessment") of the Property shall be paid for by Purchaser and shall be conducted by individuals or entities of Purchaser's choice. Seller shall cooperate in making the Property available for the Risk Assessment. The deadline for Purchaser to complete and review the Risk Assessment ("Risk Assessment Deadline") shall be Ten calendar days after Seller Acceptance Date If the results of the Risk Assessment are not acceptable to Purchaser, Purchaser may either (a) provide written objections to Seller as provided in Section 6 of this Addendum; or (b) immediately cancel the Agreement by providing written notice of cancellation to Seller by the Risk Assessment Deadline, together with a copy of the Risk Assessment report, Upon receipt of a copy of Purchaser's written notice of cancellation, the Earnest Money shall be returned to Purchaser. If Purchaser does not immediately cancel the Agreement as provided above, Purchaser may, by the Risk Assessment Deadline, provide Seller with written objections and a copy of the Risk Assessment report. Purchaser and Seller shall have seven (7) calendar days after Seller's receipt of the objections (the "Response Period") in which to agree in writing upon a manner of resolving Purchaser's objections. Seller may, but shall not be required to, resolve Purchaser's objections. If Purchaser and Seller have not agreed in writing upon the manner of resolving Purchaser's objections, Purchaser may cancel the Agreement by providing written notice to Seller no later than three (3) calendar days after expiration of the Response Period. Upon receipt of a copy of Purchaser's written notice of cancellation, the Earnest Money shall be returned to Purchaser. If Purchaser does not deliver a written objection to Seller regarding the results of the Risk Assessment, or cancel the Agreement, any objections to the results of the Risk Assessment shall be deemed waived by Purchaser and Purchaser shall take the Property "AS -IS" with regard to any lead-based paint or lead- based paint hazards that may be present in the Property. 7. Condition of Property. PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT SELLER ACQUIRED THE PROPERTY BY FORECLOSURE, DEED IN LIEU OF FORECLOSURE, FORFEITURE, TAX SALE, RIGHT OF EMINENT DOMAIN OR SIMILAR PROCESS, AND SELLER CONSEQUENTLY HAS NO DIRECT KNOWLEDGE CONCERNING THE CONDITION OF THE PROPERTY. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER UNDER THIS AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER ACKNOWLEDGES AND AGREES TO ACCEPT THE PROPERTY IN "AS -IS," "WHERE -IS" CONDITION AT THE TIME OF CLOSING, INCLUDING, WITHOUT LIMITATION, ANY HIDDEN DEFECTS, ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, OR THE EXISTENCE OF MOLD (AS DEFINED BELOW), WHETHER KNOWN OR UNKNOWN, WHETHER SUCH DEFECTS OR CONDITIONS WERE DISCOVERABLE THROUGH INSPECTION OR NOT. PURCHASER ACKNOWLEDGES THAT SELLER, ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE, AND SELLER SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES, IMPLIED OR EXPRESS, ORAL OR WRITTEN IN RESPECT TO: (a) THE PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY, INCLUDING THE STRUCTURAL INTEGRITY OR THE QUALITY OR CHARACTER OF MATERIALS USED IN CONSTRUCTION OF ANY IMPROVEMENTS, AVAILABILITY AND QUANTITY OR QUALITY OF WATER, STABILITY OF THE SOIL, SUSCEPTIBILITY TO LANDSLIDE OR FLOODING, SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DAMAGE, MOLD OR ANY OTHER MATTER AFFECTING THE STABILITY, INTEGRITY OR SAFETY OF THE PROPERTY OR IMPROVEMENTS. (b) THE CONFORMITY OF THE PROPERTY OR THE IMPROVEMENTS TO ANY ENVIRONMENTAL, ZONING, LAND USE OR BUILDING CODE REQUIREMENTS OR COMPLIANCE WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY, OR THE GRANTING OF ANY REQUIRED PERMITS OR APPROVALS, IF ANY, OF ANY GOVERNMENTAL BODIES WHICH HAD JURISDICTION OVER THE CONSTRUCTION OF THE ORIGINAL STRUCTURE, ANY IMPROVEMENTS AND/OR ANY REMODELING OF THE STRUCTURE. (c) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR IMPROVEMENTS, INCLUDING REDHIBITORY VICES AND DEFECTS, APPARENT, NONAPPARENT OR LATENT, WHICH NOW EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH IF KNOWN TO PURCHASER, WOULD CAUSE PURCHASER TO REFUSE TO PURCHASE THE PROPERTY. (d) Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to herein as "Mold") are environmental conditions that are common in residential properties and may affect the Property. Mold, in some forms, has been reported to be toxic and to cause serious physical injuries, including but not limited to allergic and/or respiratory reactions or other problems, particularly in persons with immune system problems, young children and/or elderly persons. Mold has also been reported to cause extensive damage to personal and real property. Mold may have been removed or covered in the course of any cleaning or repair of the Property. Purchaser acknowledges that it Seller or any of Seller's employees, contractors, or agents cleaned or repaired the Property or remediated Mold contamination, Seller does not in any way warrant the cleaning, repair or remediation. Purchaser accepts full responsibility for all hazards that may result from the presence of Mold in or around the Property. Purchaser is satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or around the Property, and Purchaser has not in any way relied upon any representations of Seller, Seller's employees, officers, directors, contractors, or agents concerning the past or present existence of Mold in or around the Property. (e) In the event the Property is affected by an environmental hazard, as determined by Seller, either party may terminate the Agreement. In the event Seller decides to sell the Property to Purchaser and Purchaser agrees to purchase the Property, Purchaser agrees to execute an indemnity and general release at Closing, in a form acceptable to Seller, releasing Seller from any liability related to environmental hazards or conditions on the Property. In the event Purchaser elects not to execute the disclosure and release, the Agreement shall, at Seller's discretion, automatically terminate and be of no further force or effect. (f) In the event Seller has received official notice that the Property is in violation of building codes or similar laws or regulations, Seller may terminate the Agreement or delay the Closing Date or Purchaser may terminate the Agreement. In the event the Agreement is terminated by either Purchaser or Seller pursuant to this Section 7(f), any Earnest Money shall be returned to Purchaser. If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special master, court or similar enforcement body, and neither Purchaser nor Seller terminate the Agreement, Purchaser agrees (a) to accept the Property subject to the violations, (b) to be responsible for compliance with the applicable code or regulation and with orders issued in any code enforcement proceeding, and (c) to resolve the deficiencies as soon as possible after the Closing. Purchaser agrees to execute any and all documents necessary or required for Closing by any agency with jurisdiction over the Property. Purchaser further agrees to indemnify Seller from any and all claims or liability arising from Purchaser's breach of this Section 7(f). (g) The Closing shall constitute acknowledgment by Purchaser that Purchaser had the opportunity to retain an independent, qualified professional to inspect the Property and that the condition of the Property is acceptable to Purchaser. Purchaser agrees that Seller shall have no liability for any claims or losses Purchaser or Purchaser's successors or assigns may incur as a result of construction or other defects which may now or hereafter exist with respect to the Property. (h) Purchaser acknowledges and agrees that neither Seller nor Seller's agents have made nor will make any oral or written representation or warranty regarding the accuracy of the address of the Property. (i) Purchaser acknowledges and agrees that the Property was acquired through foreclosure, deed in lieu of foreclosure, forfeiture, tax sale, eminent domain or similar process. Accordingly, to the fullest extent allowed by law, Seller shall be exempt from providing or filing any disclosure statement with respect to the Property and Purchaser acknowledges and agrees to assume any disclosure obligations of Seller. Purchaser shall execute and deliver to Seller at or prior to Closing such further documents as Seller or its representatives may request with respect to the foregoing. If disclosures are required by state law, Purchaser hereby agrees to waive such requirements. If required by state law, Purchaser shall, upon request, execute a written waiver of the disclosure provisions of state law. 8. Repairs. Unless otherwise provided in Section 2 of this Addendum, Seller shall have no obligation to pay for or perform any inspections or repairs to the Property whatsoever. In the event Seller agrees to pay for or perform any inspections or repairs, this Section 29 shall govern such inspections or repairs. (a) If Seller has agreed to pay for treatment of wood infesting organisms, Seller shall treat only active infestation. All treatments for wood infesting organisms and other repairs will be completed by a vendor approved by Seller, and will be subject to Seller's satisfaction only. Neither Purchaser nor its representatives shall enter upon the Property to make any repairs and/or treatments prior to the Closing without the prior written consent of Seller. To the extent that Purchaser or its representatives make repairs and/or treatments to the Property prior to the Closing, Purchaser hereby agrees to release and indemnify Seller from and against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release and indemnification and provide proof of liability insurance naming Seller as a loss payee, both in a form acceptable to Seller, prior to entry on the Property and commencement of any such repairs or treatments. (b) Purchaser acknowledges that all repairs and treatments are done for the benefit of Seller and not for the benefit of Purchaser and that Purchaser has inspected or has been given the opportunity to inspect such repairs and treatments. Any repairs or treatments made or caused to be made by Seller shall be completed prior to the Closing. Under no circumstances shall Seller be required to make any repairs or treatments after the Closing Date. (c) Purchaser acknowledges that the Closing of this transaction shall be deemed Purchaser's reaffirmation that Purchaser is satisfied with the condition of the Property for all purposes and satisfied with all repairs and treatments to the Property and waives all claims related to such condition and to the quality of the repairs or treatments to the Property. Any repairs or treatments shall be performed for functional purposes only and exact restoration of appearance or cosmetic items following any repairs or treatments shall not be required. Seller shall not be obligated to obtain or provide to Purchaser any receipts for repairs or treatments, written statements indicating dates or types of repairs or treatments performed, or copies of such receipts or statements, nor any other documentation regarding any repairs and treatments to the Property. SELLER DOES NOT WARRANT OR GUARANTEE ANY WORK, REPAIRS OR TREATMENTS TO THE PROPERTY WHATSOEVER. 9. Occupancy Status of Property. (a) Purchaser acknowledges that neither Seller nor its representatives, agents or assigns have made any warranties or representations, implied or expressed, relating to the existence of any tenants or occupants at the Property, unless otherwise noted in Section 29 of this Addendum. Purchaser acknowledges and agrees that the Closing of this transaction shall be deemed Purchaser's reaffirmation that neither Seller nor its representatives, agents or assigns have made any warranties or representations, implied or expressed, relating to the existence of any tenants or occupants at the Property unless otherwise noted in Section 29 of this Addendum. Seller, its representatives, agents and assigns shall not be responsible for evicting or relocating any tenants or occupants or personal property at the Property prior to or subsequent to the Closing unless otherwise specifically agreed to in writing by Seller. (b) Purchaser further acknowledges and agrees that Seller is not, to the best of Purchaser's knowledge, holding any security deposits from former or current tenants and has no information as to such security deposits as may have been paid by the former or current tenants to anyone, and Purchaser agrees that no sums representing such tenant security deposits shall be transferred to Purchaser as part of this transaction. Purchaser further agrees to assume all responsibility and liability for the refund of such security deposits to the tenants pursuant to the provisions of applicable laws and regulations. All rent, due and payable and collected from tenants for the month in which the Closing occurs, will be prorated according to the provisions of Section 11 of this Addendum. (c) Purchaser acknowledges and agrees that the Property may be subject to the provisions of local rent control ordinances and regulations. Purchaser agrees that as of the Closing all eviction proceedings and other duties and responsibilities of a property owner and landlord, including but not limited to those proceedings required for compliance with such local rent control ordinances and regulations, shall be Purchaser's sole responsibility and cost. (d) If the Property is located in Alabama, Purchaser understands that the Property may be subject to redemption by the prior owner upon payment of certain sums and Purchaser may be dispossessed of the Property. Purchaser is advised to consult with an attorney to fully understand the import and impact of the foregoing. Purchaser acknowledges and agrees Purchaser shall have no recourse against Seller whatsoever in the event the right of redemption is exercised. 10. Personal Property. Purchaser acknowledges and agrees that items of equipment, fixtures, and other items of personal property, including but not limited to window coverings, appliances, manufactured homes, mobile homes, vehicles, spas, antennas, satellite dishes and garage door openers, now or hereafter located on the Property (collectively, "Personal Property") shall not be included in the sale of the Property or the Purchase Price unless each item of Personal Property is specifically described and referenced in Section 29 of this Addendum. Any Personal Property at or on the Property may be subject to claims by third parties and, therefore, may be removed from the Property prior to or after the Closing Date. Seller makes no representation or warranty as to the condition of any Personal Property, title thereto, or whether any personal property is encumbered by any liens. Purchaser assumes full responsibility for any Personal Property remaining on the Property at the time of the Closing. ANY PERSONAL PROPERTY SOLD BY SELLER SHALL BE ACCEPTED BY PURCHASER ON AN "AS IS, WHERE IS' BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, AND SPECIFICALLY EXCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 11. Closing Costs and Adjustments. (a) Purchaser and Seller agree to prorate the following expenses as of Closing and funding: municipal water and sewer charges, utility charges, real estate taxes and assessments, common area charges, condominium or planned unit development or similar community assessments, cooperative fees, maintenance fees, and rents, if any. In determining prorations, responsibility for the day on which funding occurs shall be allocated to Purchaser. Payment of special assessment district bonds and assessments, and payments of homeowner's association of special assessments shall be paid current and prorated between Purchaser and Seller as of the Closing Date with payments not yet due and owing to be assumed by Purchaser without credit toward the Purchase Price. Property taxes shall be prorated based on an estimate or actual taxes from the previous year on the Property. All prorations shall be based upon a 30 -day month and, except as otherwise provided herein, all such prorations shall be final. Seller shall not be responsible for any amounts due, paid or to be paid after Closing, including, but not limited to, any taxes, penalties or interest assessed or due as a result of retroactive, postponed or additional taxes resulting from any change in use of, or construction on, or improvement to the Property, or an adjustment in the appraised value of the Property. In the event Seller has paid any taxes, special assessments or other fees and there is a refund of any such taxes, assessments or fees after the Closing, and Purchaser as current owner of the Property receives the payment, Purchaser will immediately submit the refund to Seller. If the Property is heated or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Purchaser will buy the fuel in the tank at Closing at the current price as calculated by the supplier. (b) Except as expressly assumed by Seller in Section 29 of this Addendum, Purchaser shall bear its own costs (including attorneys' fees) in connection with its negotiation, due diligence investigation and conduct of the transaction contemplated by the Agreement. (c) Purchaser shall pay the cost of any survey. Recording fees, escrow fees and other customary closing costs shall be allocated between Seller and Purchaser in the manner customary for residential real estate transactions in the metropolitan area or city in which the Property is located. (d) SELLER AGREES TO PAY THE PREMIUM FOR AN OWNER'S POLICY OF TITLE INSURANCE ONLY IF THE OWNER'S POLICY IS ISSUED BY SELLER'S SELECTED TITLE AGENT, NOTWITHSTANDING LOCAL CUSTOM, REQUIREMENTS OR PRACTICE, OR ANYTHING IN THE AGREEMENT TO THE CONTRARY, IF PURCHASER SELECTS A TITLE AGENT TO ISSUE THE OWNER'S POLICY OF TITLE INSURANCE, PURCHASER SHALL BE OBLIGATED TO PAY THE ENTIRE PREMIUM FOR SUCH POLICY AND SELLER SHALL HAVE NO OBLIGATION TO PAY ANY PORTION OF SUCH PREMIUM. (e) Seller shall pay a real estate commission pursuant to the listing agreement between Seller and Seller's listing broker. (f) All other costs and expenses, including any cost, expense or tax imposed by any state or local entity not otherwise addressed herein, shall be paid by Purchaser. 12. Delivery of Funds. Regardless of local custom, requirements, or practice, upon delivery of the Deed by Seller to Purchaser, Purchaser shall deliver all funds due Seller from the sale in the form of certified check, cashier's check, or wire transfer. 13. Governmental Required Permits and Repairs. Except as prohibited by law, if the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector certification, septic certification or any similar certification or permit or any form of improvement or repair to the Property (collectively, "Permits and Repairs'), Purchaser acknowledges and agrees that Purchaser shall be responsible for obtaining any and all of the Permits and Repairs at Purchaser's sole cost and expense. Purchaser shall make application for all Permits and Repairs within ten (10) days of the Seller Acceptance Date. Purchaser shall not have the right to delay the Closing due to Purchaser's failure or inability to obtain any required Permits and Repairs. Unless Seller declines to consent to a required inspection or repair to the Property, the failure of Purchaser to obtain and furnish the Permits and Repairs shall constitute a material breach of the Agreement. Notwithstanding the foregoing, neither Purchaser nor its representatives shall enter upon the Property to make any repairs or treatments prior to the Closing without the prior written consent of Seller. To the extent the Purchaser or its representatives make repairs or treatments to the Property prior to the Closing, Purchaser hereby agrees to release and indemnify Seller from and against any and all claims related in any way to the repairs and/or treatments and further agrees to execute a release and indemnification and provide proof of liability insurance naming Seller as a loss payee, both in a form acceptable to Seller, prior to entry on the Property and commencement of any such repairs or treatments. If the Property is located in a jurisdiction that requires Permits and Repairs and Seller declines to consent to a required inspection or repair to the Property, the Agreement shall terminate and the Earnest Money shall be refunded to Purchaser. 14. Delivery of Possession of Property. Seller shall deliver possession of the Property to Purchaser at the Closing and funding of the sale. Pursuant to Section 9 of this Addendum, the delivery of possession shall be subject to the rights of any tenants or parties in possession. If Purchaser alters the Property or causes the Property to be altered in any way and/or occupies the Property or allows any other person to occupy the Property prior to Closing and funding without the prior written consent of Seller, such event shall constitute a breach by Purchaser under the Agreement and Seller may terminate the Agreement and Purchaser shall be liable to Seller for damages (including attorneys' fees and costs) caused by any such alteration or occupation of the Property prior to Closing and funding, and Purchaser waives any and all claims for damages or compensation for improvements made by Purchaser to the Property, including but not limited to any claims for unjust enrichment. Without limiting any remedy of Seller under this Addendum at law or in equity, Seller shall also have the right to terminate the Agreement and retain the Earnest Money as liquidated damages for Purchaser's default under this Section. 15. Form of Deed. The deed to be delivered at Closing shall be a deed that covenants that grantor grants only that title which grantor may have and that grantor will only defend title against persons claiming by, through, or under the grantor, but not otherwise (which deed may be known as a Special Warranty, Limited Warranty, Uuit Claim or Bargain and Sale Deed). Any reference to the term "Deed" in the Agreement shall be construed to such form of deed. 16. Defects in Title. If Purchaser raises an objection to title to the Property or if the seller discovers a defect in title which, if valid, would make title to the Property uninsurable, Seller shall have the right unilaterally to terminate the Agreement by giving written notice of the termination to Purchaser. If Seller chooses to correct the problem through reasonable efforts, as determined by Seller in its sole and absolute discretion, prior to the Closing Date, including any written extensions, or if title insurance is available from a reputable title insurance company selected by Seller at regular rates containing affirmative coverages for the title objections, then the Agreement shall remain in full force and Purchaser shall perform pursuant to the terms set forth in the Agreement. Seller shall not be obligated to remove any exception or to bring any action or proceeding or bear any expense in order to convey title to the Property or to make the title marketable or insurable, and any attempt by Seller to remove such title exceptions shall not impose an obligation upon Seller to remove those exceptions. Purchaser acknowledges that Seller's title to the Property may be subject to court approval of a foreclosure or to a mortgagor's right of redemption. In the event Seller is not able to (a) make the title insurable or correct any problems or (b) obtain title insurance from a title insurance company selected by Seller, all as provided herein, either party may terminate the Agreement and any Earnest Money shall be returned to Purchaser and Seiler shall have no further obligation or liability to Purchaser hereunder. Section 19(b) of this Addendum also provides that Seller may extend the Closing Date or terminate the Agreement if Seller determines, in Seller's sole and absolute discretion, that Seller is unable to convey insurable title to the Property. 17. Representations and Warranties. Purchaser hereby represents and warrants to, and covenants and agrees with, Seller as to the following matters (all representations, warranties and covenants are true on the date hereof and shall be true as of the Closing) with the understanding that Seller is relying on these representations, warranties and covenants in effecting the transactions contemplated hereby: (a) Purchaser is purchasing the Property solely in reliance on its own investigation and inspection of the Property and not on any information, representation or warranty provided or to be provided by Seller, its servicers, representatives, brokers, employees, agents or assigns; (b) This Addendum shall be binding and enforceable against Purchaser in accordance with its terms, and upon Purchaser's execution of the additional documents contemplated by this Addendum, they shall be binding and enforceable against Purchaser in accordance with their terms. The execution and delivery of this Addendum and Purchaser's performance of the obligations hereunder does not require any consents or approvals of any third persons; (c) This Addendum will not, with or without the giving of notice or the lapse of time or both, violate or conflict with, result in a breach of, or constitute a default under, any agreement, contract, lease, license, instrument, or other arrangement to which Purchaser is a parry, or by which Purchaser is bound; (d) Neither Seller nor its servicers, employees, representatives, brokers, agents or assigns, have made any representations or warranties, implied or expressed, relating to the marketability, insurability or condition of the Property or the contents thereof, except as expressly set forth in Section 29 of this Addendum; (e) Purchaser has not relied on any representation or warranty from the Seller regarding the marketability, insurability or condition of the Property or the contents thereof, or the nature, quality, or workmanship of any repairs made by Seller; and (f) Purchaser will not occupy, or cause or permit others to occupy, the Property prior to Closing and funding and, unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not occupy or cause or permit others to occupy the Property after Closing. 18. WAIVERS BY PURCHASER. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER UNDER THE AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER WAIVES THE FOLLOWING: (a) ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE; (b) ANY RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY OR TO RECORD OR FILE THE CONTRACT, THIS ADDENDUM OR ANY MEMORANDUM THEREOF IN THE REAL PROPERTY RECORDS; (c) ANY RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE THAT, IF INVOKED, WOULD PREVENT SELLER FROM CONVEYING THE PROPERTY TO A THIRD -PARTY PURCHASER; (d) ANY AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN CALCULATING THE ADJUSTMENTS OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING; (e) ANY AND ALL CLAIMS FOR FAILURE OF CONSIDERATION OR MISTAKE OF FACT AS SUCH CLAIMS RELATE TO THE PURCHASE OF THE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING UNDER THE AGREEMENT; (f) ANY REMEDY OF ANY KIND, INCLUDING BUT NOT LIMITED TO RESCISSION OF THE AGREEMENT, OTHER THAN AS EXPRESSLY PROVIDED IN THIS ADDENDUM, TO WHICH PURCHASER MIGHT OTHERWISE BE ENTITLED AT LAW OR IN EQUITY, WHETHER BASED ON MUTUAL MISTAKE OF FACT OR LAW OR OTHERWISE; (g) ANY RIGHT TO TRIAL BY JURY, EXCEPT AS WAIVER THEREOF IS PROHIBITED BY LAW, IN ANY LITIGATION ARISING FROM, OR CONNECTED WITH OR RELATED TO THE AGREEMENT; (h) ANY CLAIMS FOR LOSSES PURCHASER MAY INCUR AS A RESULT OF PURCHASER'S DUE DILIGENCE, INCLUDING BUT NOT LIMITED TO COST OF ANY INSPECTIONS OF OR REPORTS FOR THE PROPERTY, AND CONSTRUCTION ON, REPAIR TO, OR TREATMENT OF THE PROPERTY, OR OTHER DEFECTS WHICH MAY NOW OR HEREAFTER EXIST WITH RESPECT TO THE PROPERTY; (i) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, INCLUDING BUT NOT LIMITED TO MOLD, LEAD PAINT, FUEL OIL, ALLERGENS OR OTHER TOXIC SUBSTANCES OF ANY KIND; Q) ANY RIGHT TO AVOID THIS SALE OR REDUCE THE PRICE OR HOLD SELLER RESPONSIBLE FOR DAMAGES ON ACCOUNT OF THE MARKETABILITY, INSURABILITY OR CONDITION OF THE PROPERTY, HABITABILITY, LACK OF SUITABILITY AND FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE, OR REDHIBITORY VICES AND DEFECTS, APPARENT NONAPPARENT OR LATENT, DISCOVERABLE OR NONDISCOVERABLE; (k) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO ENCROACHMENTS, EASEMENTS, SHORTAGES IN AREA OR ANY OTHER MATTER WHICH WOULD BE DISCLOSED OR REVEALED BY A SURVEY OR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS; AND (1) ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO: ANY DISCREPANCY BETWEEN THE PROPERTY'S ADDRESS AND THE PROPERTY INSPECTED BY PURCHASER; THE PROPERTY HAVING AN INCORRECT MUNICIPAL ADDRESS; OR EITHER SELLER'S OR PURCHASER'S AGENT SHOWING PURCHASER AN INCORRECT PROPERTY. IN THE EVENT OF CONFLICT BETWEEN THE MUNICIPAL ADDRESS OF THE PROPERTY AND THE LEGAL DESCRIPTION OF THE PROPERTY, THE LEGAL DESCRIPTION SHALL CONTROL. References to the "Seiler" in this Section 18 shall include Seller and Seller's servicers, representatives, agents, brokers, employees and assigns. In the event that the Purchaser breaches or disregards, or attempts to disavow, any of the representations, warranties or waivers described or contemplated under Section 17 or Section 18 of this Addendum, the Purchaser shall pay all reasonable attorneys fees and costs incurred by the Seller in (i) seeking reaffirmation or enforcement of any such representation, warranty or waiver, or (ii) defending any action initiated by the Purchaser for the purpose of or relating to any such breach, disregard or disavowal, and Purchaser shall pay Five Thousand Dollars ($5,000.00) as liquidated damages for such attempted or actual breach, disregard or disavowal, which amount shall be in addition to any liquidated damages held or covered by the Seller pursuant to Section 25 of this Addendum. 19. Conditions to Seller's Performance. Seller shall have the unilateral right, at Seller's sole and absolute discretion, to extend the Closing Date or to terminate the Agreement if: (a) Full payment of any mortgage insurance claim related to the loan previously secured by the Property is not confirmed prior to the Closing Date or the mortgage insurance company exercises its right to acquire title to the Property; (b) Seller determines, in its sole and absolute discretion, that it is unable to convey insurable title to the Property through a title insurance company selected by Seller at regular rates; (c) Seller has either sold or has agreed to sell the loan secured by the Property to another party; (d) Full payment of any property, fire or hazard insurance claim is not confirmed prior to the Closing or the date set forth herein for Closing; (e) Any third party, whether tenant, homeowner's association or otherwise, exercises rights under a right of first refusal, option or similar right to purchase the Property; (f) Seller determines, in its sole and absolute discretion, that the sale of the Property to Purchaser or any related transactions are in any way associated with illegal activity of any kind; (g) Seller has transferred and conveyed the Property to a third party; (h) the Purchaser is the former mortgagor of the Property whose interest was foreclosed, or is related to or affiliated in any way with the former mortgagor, and Purchaser has not disclosed this fact to the Seller prior to the Seller's acceptance of the Agreement. Such failure to disclose shall constitute default under the Agreement, entitling the Seller to exercise any of its rights and remedies, including, without limitation, retaining the earnest money deposit; or (I) The Purchase Price Is Insuff1ctent to pay the sum of the closing costs, taxes, commissions, and any liens on or obligations secured by the Property that Seller has agreed to pay hereunder. In the event Seller elects to terminate the Agreement as a result of any of the foregoing, the Eamest Money shall be returned to Purchaser and the parties shall have no further obligation under the Agreement except the rights and obligations that survive termination pursuant to Section 26 of this Addendum. 20. Remedies for Default. (a) In the event of Purchaser's default, material breach or material misrepresentation of any fact under the terms of the Agreement, Seller, at its option, may retain the Earnest Money and any other funds paid by Purchaser as liquidated damages and/or invoke any other remedy expressly set forth in the Agreement and Seller is automatically released from the obligation to sell the Property to Purchaser and neither Seller nor its representatives, agents, attorneys, successors or assigns shall be liable to Purchaser for any damages of any kind as a result of Seller's failure to sell and convey the Property. PURCHASER ACKNOWLEDGES AND AGREES THAT BY SIGNING THIS ADDENDUM, SELLER SHALL HAVE THE RIGHT TO RETAIN OR SEEK THE RELEASE OF THE EARNEST MONEY UNDER THIS SECTION 20, WITHOUT ANY FURTHER ACTION, CONSENT OR DOCUMENT FROM PURCHASER. (b) Seller shall only be in default under the Agreement if Purchaser delivers written notice to Seller detailing the default and Seller fails to cure such default within 20 days of receipt of such written notice (or such longer period of time as may be necessary, provided that Seller diligently pursues such cure). If Seller is in default hereunder or if Seller terminates the Agreement as provided under the provisions of thereof, Purchaser shall be entitled to the return of the Earnest Money as Purchaser's sole and exclusive remedy at law or in equity. Any reference to a return of the Earnest Money in the Agreement shall mean a return of the Earnest Money less any escrow cancellation fees applicable to Purchaser under the Agreement, and less fees and costs payable for services and products provided during escrow at Purchaser's request. Purchaser waives any claim that the Property is unique and Purchaser acknowledges that a return of its Earnest Money can adequately and fairly compensate Purchaser. Upon return of the Earnest Money to Purchaser, the Agreement shall be terminated, and Purchaser and Seller shall have no further liability, no further obligation, and no further responsibility each to the other, and Purchaser and Seller shall be released from any further obligation each to the other in connection with the Agreement, except the rights and obligations that survive pursuant to Section 26 of this Addendum. (c) Purchaser agrees that Seller shall not be liable to Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by Purchaser in selling or surrendering a lease on a prior residence, obtaining other living Accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to the Agreement or a breach thereof. (d) Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of or excuse for any different or subsequent breach. (e) In the event either party elects to exercise its remedies as described in this Section 20 or the Agreement is terminated, the parties shall have no further obligation under the Agreement except the rights and obligations that survive termination pursuant to Section 26 of this Addendum. 21. Indemnification. Purchaser agrees to indemnify and fully protect, defend and hold Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors and assigns harmless from and against any and all claims, costs, liens, loss, damages, attorneys' fees and expenses of every kind and nature that may be sustained by or made against Seller, its officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants, brokers, successors or assigns, resulting from or arising out of: (a) Inspections or repairs made by Purchaser or its agents, employees, contractors, successors or assigns; (b) the imposition of any fine or penalty imposed by any governmental entity resulting from Purchaser's failure timely to obtain any permits, approvals, repairs or inspections, or to comply with all applicable laws, rules, ordinances and regulations; (c) claims for amounts due and owing by Seller for taxes, homeowner's association dues or assessment, or any other terms prorated at Closing under Section 11 of this Addendum; (d) The breach by Purchaser of any of the terms and conditions of the Agreement; and (e) Purchaser's or Purchaser's tenants, agents or representative's use or occupancy of the Property prior to Closing and funding. 22. Risk of Loss. Regardless of local custom or practice, Purchaser assumes all risk of loss related to damage to the Property. In the event of fire, destruction or other casualty loss to the Property after Seller's acceptance of the Agreement and prior to Closing and funding, Seller may, at its sole discretion, repair or restore the Property, or Seller may terminate the Agreement. If Seller elects to repair or restore the Property, then Seller may, at its sole discretion, limit the amount to be expended. If Seller elects to repair or restore the Property, Purchaser's sole and exclusive remedy shall be either to acquire the Property in its then current condition at the Purchase Price with no reduction thereof by reason of such loss, or terminate the Agreement and receive a refund of any Earnest Money. 23. Eminent Domain. In the event that Seller's interest in the Property, or any part thereof, shall have been taken by eminent domain or shall be in the process of being taken on or before the Closing Date, either party may terminate the Agreement and the Earnest Money shall be returned to Purchaser and neither party shall have any further rights or liabilities hereunder except the rights and obligations that survive termination pursuant to Section 26 of this Addendum. 24. Keys. Purchaser understands that if Seller is not in possession of keys, including but not limited to mailbox keys, recreation area keys, gate cards or automatic garage door remote controls, then the cost of obtaining the same will be the responsibility of Purchaser. Purchaser also understands that if the Property includes an alarm system, Seller cannot provide the access code or key, Purchaser shall be responsible for any costs associated with the alarm, changing the access code or obtaining keys. Purchaser is encouraged to re -key the Property after Closing. Purchaser agrees to hold Seller harmless regarding any theft or damage of personal property. 25. Liquidated Damages. THE PARTIES ACKNOWLEDGE THAT IN THE EVENT OF ANY MATERIAL DEFAULT BY PURCHASER UNDER THE AGREEMENT, SELLER'S DAMAGES WOULD BE DIFFICULT OR IMPOSSIBLE TO COMPUTE AND THAT THE EARNEST MONEY REPRESENTS A REASONABLE ESTIMATE OF SUCH DAMAGES AS ESTABLISHED BY THE PARTIES THROUGH GOOD FAITH CONSIDERATION OF THE FACTS AND CIRCUMSTANCES SURROUNDING THE TRANSACTION CONTEMPLATED UNDER THE AGREEMENT AS OF THE DATE HEREOF. IN THE EVENT OF SUCH DEFAULT BY PURCHASER UNDER THE AGREEMENT, SELLER SHALL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO RETAIN SUCH AMOUNTS AS LIQUIDATED DAMAGES. THE PURCHASER HAS INITIALED BELOW TO ESTABLISH THIS INTENT TO ESTABLISH LIQUIDATED DAMAGES. 26. Survival. Delivery of the Deed to the Property to Purchaser by Seller shall be deemed to be full performance and discharge of all of Seller's obligations under the Agreement. Notwithstanding anything to the contrary to the Agreement, the provisions of Sections 6, 7, 8, 9, 10, 11, 13, 14, 16, 17, 18, 20, 21, 22, 25 and 27(a) of this Addendum, as well as any other provision which contemplates performance or observance subsequent to any termination or expiration of the Agreement, shall survive the Closing, funding and the delivery of the Deed and/or termination of the Agreement by any party and continue in full force and effect. 27. General Provisions. (a) Attorneys' Fees. If either party commences any litigation or judicial action to determine or enforce any of the provisions of the Agreement, the prevailing party in any such litigation or judicial action is entitled to recover all of its costs and expenses (including but not limited to reasonable attorneys' fees, costs and expenditures) from the non -prevailing party. (b) Further Assurances. Purchaser agrees to execute and deliver to Seller at Closing or as otherwise requested by Seller, documents referenced in this Addendum or requested by Seller, and to take such other action as may be reasonably necessary to further the purpose of the Agreement. Copies of referenced documents are available from Seller's listing agent upon request by Purchaser. (c) Severability. If any provision of this Addendum shall be held to be invalid or unenforceable by any court of competent jurisdiction or as a result of any legislative action, such holding or action shall be strictly construed. Furthermore, provided the parties are still able to retain all of the material benefits of their bargain hereunder, such provision shall be construed, limited or, if necessary, severed, but only to the extent necessary to eliminate such invalidity or unenforceability, and the other provisions of this Addendum shall remain unaffected and this Addendum shall be construed and enforced as if such provision in its original form and content had never comprised a part hereof. (d) Assignment of Agreement. Purchaser shall not assign the Agreement without the express written consent of Seller. Seller may assign the Agreement at its sole discretion without prior notice to or consent of Purchaser. (e) EFFECT OF ADDENDUM. IN THE EVENT THERE IS ANY CONFLICT BETWEEN THIS ADDENDUM AND THE CONTRACT OR ESCROW INSTRUCTIONS OR NOTICE OR OTHER DOCUMENTS ATTACHED TO AND MADE A PART OF THE AGREEMENT, THE TERMS OF THIS ADDENDUM TAKE PRECEDENCE AND SHALL PREVAIL EXCEPT AS OTHERWISE PROVIDED BY LAW, THIS ADDENDUM AMENDS AND SUPPLEMENTS THE CONTRACT AND ANY ESCROW INSTRUCTIONS. (f) Authority. The undersigned if executing this Addendum and the Contract on behalf of a Purchaser that is a corporation, partnership, trust or other entity, represents and warrants that he or she is authorized by that entity to enter into this Addendum and the Contract and bind the entity to perform any duties and obligations stated in this Addendum and the Contract. (g) Entire Agreement. The Agreement, including the disclosure of information on lead- based paint or lead-based paint hazard or Seller Disclosure and Release Addendum or other disclosure forms or notices required by law, constitutes the entire agreement between Purchaser and Seller concerning the subject matter hereof and supersedes all previous communications, understandings, representations, warranties, covenants and agreements, whether written or oral and there are no oral, or other written agreements between Purchaser and Seller. NO ORAL PROMISES, REPRESENTATIONS (EXPRESS OR IMPLIED) WARRANTIES OR AGREEMENTS MADE BY SELLER OR BROKER OR ANY PERSON ACTING ON BEHALF OF SELLER SHALL BE DEEMED VALID OR BINDING UPON SELLER UNLESS EXPRESSLY INCLUDED IN THE AGREEMENT. All negotiations are merged into the Agreement. Seller shall not be obligated by any other written or verbal statements made by Seller, Seller's representatives or any real estate licensee. (h) Modification. No provision, term or clause of the Agreement shall be revised, modified, amended or waived except by an instrument in writing signed by Purchaser and Seller. (i) No Third -Party Beneficiaries. The Agreement does not create any rights, claims or benefits inuring to any person or entity, other than Seller's successors or assigns, that is not a party to the Agreement, nor does it create or establish any third -party beneficiary to the Agreement. (j) Counterparts. This Addendum may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one agreement. This Addendum may be delivered by facsimile. (k) Headings. The titles to the sections and headings of various paragraphs of this Addendum are placed for convenience of reference only and in case of conflict, the text of the Addendum, rather than such titles or headings, shall control. (1) No Partnership. The Agreement is not intended to create and does not create a joint venture or partnership between Purchaser and Seller. (m) Gender. Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall be deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed to include the equivalent pronoun of the other gender. (n) Force Majeure. Except as provided in Section 22, no party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such party through use of alternate sources, workaround plans or other means. (o) Attorney Review. Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding the Agreement; accordingly, the terms of the Agreement are not to be construed against any party because that party drafted the Agreement or construed in favor of any Parry because that Party failed to understand the legal effect of the provisions of the Agreement. (p) Notices. Any notices required to be given under the Agreement shall be deemed to have been delivered when actually received in the case of hand or ovemight delivery, or five (5) days after mailing by first class mail, postage paid, or by fax with confirmation of transmission to the numbers below. All notices to Seller will be deemed sent or delivered to Seller when sent or delivered to Seller's listing broker or agent or Seller's attorney, at the address or fax number shown below. All notices to Purchaser shall be deemed sent or delivered when sent or delivered to Purchaser or Purchaser's attorney or agent at the address or fax number shown below. (q) Dispute Resolution. Notwithstanding any provision of the Contract to the contrary, the parties acknowledge and agree that any alternative dispute resolution, mediation and/or arbitration provisions contained in the Contract are expressly voided and are of no force or effect. (r) Facsimile or Electronic Signatures. Seller and Purchaser agree that a signature on this document that is electronically transmitted via facsimile or the internet is intended to have the same legal effect and shall be as enforceable against the signor as an original signed counterpart where the signature is affixed manually. 28. As a precondition to the purchase of the Property and by signing this Addendum, the Buyer(s) hereby certifies that he/she/they/it Is or are not an employee or immediate family member of an employee of Select Portfolio Servicing, Inc. or an affiliate, direct or Indirect subsidiary and the same with respect to any SPS vendor including but not limited to real estate agents and those who perform property preservation and Is/are therefore not prohibited from purchasing the Property for this reason. 29. Additional Terms or Conditions. PURCHAM'S OFFER Purchaser has executed this Addendumes-of ti Signature:-a�+ 200 -LS Print Name (or name if a company): K 19K M C D n N A L X> Me (If a company): C! ai H rM:Tr CA - I i Y OF All V/ H u; Address: q401 )C,Y+-0 d AVE. N. NEW I -t -'pr-, mAl S V29 Telephone:_ 3 S-31- 511-2— Facsimile, 11ZFacsimile: 3 - S31 .S1 3 G Signature: Print Name (or name if a company): Title (if a company): Address: Telephone: Facsimile; SELLER'S ACCEPTANCE Select Portfolio Servicing, Inc., a Delaware corporation Sy: - 6-30-2015 Print Name: Title:- AttorraV Inhct — Date: QENT ACfKAWL.EDGEMIEN7 Accepted and agreed: Seilees Agent: Purchaser's Agent: Print Name: T oa Nom.,_ Signature: /A) 0.."IV Date: — 2 S — 1 DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS Lead warning Statement Every purchaser of any Interest In residential real p*opwfy on which a residential dwelling was buflt prior to f918 is notified that such property nW present exposure to lead from lead based paint that may place young dOdren at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neum►oglcel damage, h-Wudirp learning diseblildes, reduced inteNigenoe quotient; behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant women. 'fie seller of any Interest In residential real property la required M provide the buyer with any Information on lead -basad paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based palet hazards A risk assessment or inspecUon for possible lead-besed paha hazards is reconatfendedPriorto purchase. Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (1) or (il) below): (I) Known lead-based paint and/or lead-based paint hazards are present in the housing (ii) Seller has no knowledge of lead-based paint andlor lead-based paint hazards in the housing. (b) Records and reports available to the seller (check (Q or 00 belov4: f) Seller has provided the purchaser with all available records and reports pertaining to lead based paint and/or lead-based paint hazards in the housing (list documents belov�. (ti) � Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Puec is Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Proteot Your Family from Lead in Your Home. (e) Purchaser has (check (i) or (ii) Mow): (i) received a 10 -day opportunity (or mutually agreed upon period) to conduct a rick assessment or Inspectlo fdr the presence of lead-based paint and/or iead-based paint hazards; or L : (ii} _ walved the opportunity to conduct a risk -assessment or Inspection for the presence of lead- based paint and/or lead-based paint hazards. Ag nt'71s1h Fen ledgn (Initial) (f) t has informed the seller of the seller's obligations under 42 U.S.C. 4852(4) and is awe esponslboj to ensure compliance.. Certification of Accuracy The following parts have reviewed the information above and certify, to the hast of their knowledge, that the k fomwdon they hairs provided Is true and accurate. SELLER: SeIW Portfolio S"dng, Ina, a Delaware wrporstlon Date: 6-30-2015 By: Print Name: We: Select Portfolio Servicir, , INC. as Atto rroaw in Fact PURCHASER: Date:. t �1\ Signature: �n \ Print Name: AGENT: Date: Y 2 r + S Signature' 14Z"4-4— Print Name: N Tj+a r!y J, 14#9 wk— _ — 6/25/2015 https Jkvww.disposclufions.comrrask/DocumerAPreview/5790786 ACKNOWLEDGEMENT AND CERTIFICATION OF PROSPECTIVE PURCHASER(S) RE: REO No.: 0015194574 — Property address: _4415 Nevada Ave North - New Hope, MN 55428 The undersigned hereby understands and acknowledges that JPMorgan Chase & Co. has a policy that prohibits employees including those associates on assignment through a provider of temporary employment and any relatives of such employees or associates (collectively, an "Employee"), of JPMorgan Chase & Co. and its affiliates including direct and indirect subsidiaries (collectively, the "Firm"), from purchasing any property owned or serviced by one of the Firm's subsidiaries as a result of a foreclosure proceeding or the acceptance of a deed -in -lieu of foreclosure. In addition, employees of the Firm's Mortgage Banking group are further prohibited from purchasing (a) a home in a short sale transaction where the loan is owned or serviced by the Firm or (b) a home at foreclosure sale where the loan is owned or serviced by the Firm. This policy covering the Firm's Mortgage Banking employees also extends to JPMorgan Chase Bank, N.A.'s Real Estate Owned ("REO") vendors and the employees and contractors of any REO Vendor in connection with the Property that is owned or serviced by the Firm (collectively, a "Vendor"). As a precondition to the purchase of the Property, the Buyer(s), by his/her/their/its signature(s) below, hereby certifies that he/she/they/it is are not an Employee of the Firm (including an employee of its Mortgage Banking group) or affiliated with a Vendor as defined above, and is/are therefore not prohibited from purchasing the Property for this reason. Purchaser: Signature: Print Name: Date: Purchaser: Signature: Print Name: Date: haps:/lwww.disposolWons.com/Task/DocumerAPrevi ew/5790786 1/1 6125=15 htosJlwww.atsposotutions.camBask/D= nentPreview1579D786 ACKNOWLEDGEMENT AND CERTIFICATION OF PROSPECTIVE PURCHASER(S) RE: REO No.: 0015194574 Property address: _4415 Nevada Ave North - New Hope, MN 55428 The undersigned hereby understands and acknowledges that JPMorgan Chase & Co. has a policy that prohibits employees including those associates on assignment through a provider of temporary employment and any relatives of such employees or associates (collectively, an "Employee"), of JPMorgan Chase & Co. and its affiliates including direct and indirect subsidiaries (collectively, the "Firm'), from purchasing any property owned or serviced by one of the Firm's subsidiaries as a result of a foreclosure proceeding or the acceptance of a deed -in -lieu of foreclosure. In addition, employees of the Firm's Mortgage Banking group are further prohibited from purchasing (a) a home in a short sale transaction where the loan is owned or serviced by the Firm or (b) a home at foreclosure sale where the loan is owned or serviced by the Firm. This policy covering the Firm's Mortgage Banking employees also extends to JPMorgan Chase Bank, N.A.'s Real Estate Owned ("REO") vendors and the employees and contractors of any REO Vendor in connection with the Property that is owned or serviced by the Firm (collectively, a "Vendor"). As a precondition to the purchase of the Property, the Buyer(s), by his/her/their/its signature(s) below, hereby certifies that he/she/they/it is are not an Employee of the Firm (including an employee of its Mortgage Banking group) or affiliated with a Vendor as defined above, and is/are therefore not prohibited from purchasing the Property for this reason. Purchaser: Signature: Print Name: Date: Purchaser: Signature: Print Name: Date: M1psJMrvs Aftmjcan 'ask/DocumerAPrmcw/5790786 9/i CITY OF NEW HOPE CONTRACT FOR REMOVAL OF ASBESTOS AND OTHER HAZARDOUS MATERIALS FROM 4415 NEVADA AVE. N., NEW HOPE For valuable consideration as set forth below, this Contract dated the 18th day of September, 2015, is made and entered into between the City of New Hope, a Minnesota municipal corporation ("City") and Twin Cities Abatement Technologies Inc, a Minnesota limited liability company ("Contractor"). 1. CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Proposal dated August 8, 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 4415 Nevada 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 $5,400.00 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 DATE/LIQUIDATED DAMAGES Contractor shall complete all Work on or before October 9, 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 October 9, 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 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. 8. ASSIGNMENT —2— R. ASSIGNMENT Contractor shall not assign or transfer, whether by an any of its rights, duties, benefits. obligations, liabilities or r consent of the City. 9. NOTICE The address and telephone number of Contractor for purpose under this Contract shall be 1 100 N Concord St, S 5466. The address of the City for Purpose,, of giving noti Contract ~hall be 4401 Xylon Avenue North, Nem, Hope, M 1N WITNESS WHEREOF, the parties to this seals as of the day and year first above written. Bv: Bv: ssignment or novation or otherwise. sponsibilities without prior written ses of giving not ices and any other Saint Paul, MN 55075, 651 -226 - and any other purposes under this 55425. have hereunto sot their hands and CITY OF NEIN HOPE Kirk M Donald Its City Manager 1 Its: 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 1100 N Concord St, South Saint Paul, MN 55075, 651-226- 5466. 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: 1 �� Kirk McDonald 1-2 Its City Manager Twin Cities Abatement Technologies Inc. Ted Luchsinger Its: —3— F ( Twin Cities Abatement Technologies Inc. R ; 1100 N Concord St V i. South St Paul MN 55075 M i __.. _ PROPOSAL Page No. 1 — ot 1 Partes _ PROPOSAL SUBMITTED T0: PHONE 763-531-5114 DATE 08/28/15 DAME City of New Hope JOB NAME Residence STREET 4401 Xylon Ave N STREET 4415 Nevada Ave N 'ITY New HopeCITE' New Hope STATE MN 55428 STATE MN 55428 We hereby submit specifications and estimate for: Removal of asbestos cieling texture and vermiculite from the attic of the residence listed above. We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of Five Thousand Four Hundred dollars (S 5400.00 ) with payment to be made as follows: Net 30 days All material is guaranteed to be as specified. All Hark to he completed in a worknauilikc manner acuuding to standard practi,es An% alteration or 1-.••1- .rixnc +pecilieation., invohinv extra costs will be csceuted only upon mitten order.. and will become aur cmra charge over and allose th, _reclrl:nn conunecnt up.m strikzb awdent or delays hc�ortd our control. This ptoposal ;uhlect to a.;ccpl.urce 30 day, and it is void thc%alier m the option it the underegned Ted Luchsinger Authorized Signature A('Cf'P"IANCE OF PROPOSAI. I I .: abm,� prices. specitications and conditions arc herchy accepted. You are authorized to do the work as spccitied. l'aynxnt will be made rru•:mcd abo%c. �clIPlVD: Signature 11 \1F 09/10/14 Signature �t arms r -•n W EZ 110 e A gstrom nalytical Inc. Aaron Chirpich City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 August 13, 2015 4415 Nevada Av, N. New Hope, MN Dear Aaron: 5001 Cedar Lake Rd. St. Louis Park, MN 55416 952-252-0405 office 952-252-0407 fax Darrell Potocnik (AI 2219), a representative of Angstrom Analytical, Inc., visited the above referenced property on August 13, 2015 for the purpose of conducting an asbestos demolition inspection. We are prepared to state that there are friable asbestos containing building materials contained in or on the fabric of the structure. The following materials tested positive for the presence of asbestos: ceiling texture The friable materials are: 1. Approximately 550-600 square feet of asbestos containing ceiling texture on the 1st level. No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report only relates only to 4415 Nevada Ave. No. Forty-five samples of suspect building materials werd collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of the survey other hazardous materials were noted: Misc. 3 smoke detectors 1 thermostat All friable and category II non -friable materials need to be removed, per applicable regulations, prior to any demolition efforts. Category I non -friable materials are allowed to be left in place for the demolition. However, the landfill must be made aware that the demolition debris will contain (minimal 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 materials identified in this inspection report are approximations and based on observed quantities. Additional amounts of material may be present under floor, above ceilings and inside wall cavities and not fully quantified. For example, thermal system insulation indentified in a basement may also exist inside wall cavities. If you have any questions, please call us at the number above. 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O L u v z r, ro tAtA C aJ a O X U Q a Li U U U (C 10 10 e* R:r lqr A gstrom nalytical Inc. 5001 Cedar Lake Rd, St. Louis Park, MN 55416 952-252-0405 office 952-252-0407 fax Analysis of Sulk Samples for Asbestos Using Polarized Light Microscopy (PLM) Aaron Chirpich City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 4415 Nevada Avenue North Number of Samples: 45 Methods and Definitions The submitted samples were analyzed using the EPA Interim Method #600/M4-82-020 (polarized light microscopy with dispersion staining). The method defines an asbestos containing material as one that contains greater than 1% asbestos by weight and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non-fibrous forms of minerals are discernible microscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >10, non-fibrous amphiboles are generally those whose mean aspect ratios are approximately <6. During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous and non-fibrous categories. That non-fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast although central stop dispersion staining may also be used. Percentage Reporting The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from pomparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50%. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point counted, according to the EPA EPA Interim Methods, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more that one apparent type of material or layer, the percentage of each fiber type of material of layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc.), and is not to be substituted for an on-site assessment of friability. Each Angstrom Analytical lab report relates only to the sample tested and may not due``t4he sampling process be representative of the material sampled. Da II Potocnik, Angstrom An I, Inc. August 13, 2015 Full Service Laboratory and on-site Industrial Hygiene Services for the Hazardous Materials Abatement Industry The Heating Season is Upon Us.. A Note on Ernerge-ncy,:Notificpt ons Fall brings many changes. children return to school, leaves change colors and fall from trees, migration is in full sw;ipg, and our homes require heat instead of air conditioning! As the: colder weather approaches (and hoping it takes a long in time getting here and maybe an early, departure), here is alquickrefresher on emergency notifications for asbestos projects; From October 1 through April 30, the Minnesota Department of Health (MDH) will accept emergency notices for heating systems that have been red tagged by Center Point, Xcel, etc. without prior approval. Contractors must fill out Line 7 on the "Notification of Asbestos -Related Work" form that the emergency is due to the furnace/boiler being red tagged by the utility company. 11 From April 30 through' Octobiie 1, Aisbestos contractors need'to contact MDH priorto submitting an emergency notification. On Line 7 of the No- tification of Asbestos; Related Work form the contractor must fill out that the furnace/boiler was ,red tagged and to whom, 4ey spoke with at MDA. Other wise, you risk the notification being rejected. Vermiculite Insulation Inspection staff have received numerous questions-'regaeding the "removal and testing of vermiculite. As a suspect material, vermiculite must be as- sumed as an asbestos -containing material (ACM) or analyzed for" sbe§tos content. Due to the difficulties in properly testing .vermiculite for asbes= tos, MDH recommends that it be assumed to bb -ACM. If an individual such as the building owner choses to sample the verrhicu- lite for asbestos analysis, an MDH-certified asbestos inspector must per- form the sampling. Vermiculite must be sampled'as thermal system insu- lation (TSI) if it is- being used as an insulation material. This requires that three samples be taken. If the vermiculite is a miscellaneous material such as a potting additive, packaging material, imitation stove embers, etc., one sample is required. The samples should be taken from the lowest point possible such as the bottom of a wall cavity or the bottom of the pile. If sample analysis shows the material to be equal to or :less than one per- cent asbestos, the material is not regulated by MDH or the Minnesota Pol- lution Control Agency (MPCA). For additional information on vermiculite insulation, go to our website: http://wtivw. heatth.state.mn.us/divs/elr/asbestos/homeowner/ insulation.html 0 m O IL w,=4 F 95 p' v C (�- y O C �mmrn; Ecce u Eo(° c°p `�` om c =.=t L c.} c o .5 m U O N 46) cc !i v fn C d ^�. A co .o U-. � m R m d a�'��oviaoi_�a�� OCc�,c7 cn in O: R N m U C y° 3 in c 0 0 mf°. O > ~ umi c R o c C7 m o 0 0 o «. E ��'@ o� �.m o E C? xx °� 0 R? o c o >G T Q c >tm �• � 'V m '~ 4) 3 M r �� N � O J C° Q • C W •E 9,.y O. 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C m a) O >` cr-0 a0i = U �p Z) O cu O U n C c 0 i c N > N N` `O-, p�� E N a p •N E .� .rc.. 0 fl- Q G� ,a y N XZ e..l >> O C C. n °U 2 O m L L E >1 a) mN a) m m ` m m N N ca :;l E'N� c - Co o 0 N tJ a )a)�L,ncm`NC C 2 CI. t� a) 01w•m ono 0) CD 3 m n c.0 E N c N (D (D j Y m cn m E c o m N N o nsV) 0 U o. o N cc N co ai L U m 0 n- N 0 O = N LE = C N 0 C �+ mU G_1 N N n N D o m CLL ° a) N L O) o w C: 0 a,o� Z) a -'ca o O'0 �m o 0 _ ic o m E E E o N ycM.. 0 N n o=o0 Q1 m (ML w N C -� •� N I a) U 0 a) N u- N m N 7 �n-E nt m v N fJ cnn o ;n 0 o c m c Q .0 a" n .� 3 C? >, a) OSHA Search A to Z Index IEn Espanol (Contact Us IFAQs I About OSHA Newsletter RSS Feeds Occupational Safety & Health Administration We Can Help I O Standard Interpretations - Table of Contents • Standard Number: 1926.1101; 1926.1101(e); 1926.1101(f)(2); 1926.1101(f)(5); 1926.1101(f)(6); 1926.1101(9)(1); 1926.1101(g)(3); 1926.1101(g)(8)(li); 1926.1101(k); 1926.1101(k)(7); 1926.1101(k)(8); 1926.1101(1)(1); 1926.1101(n)(2) November 24, 2003 Kurt Varga, Ph.D. The InService Training Network 6813 Flags Center Drive Columbus, OH 43229 Dear Dr. Varga: Thank you for your April 18, 2002 letter to the Occupational Safety and Health Administration (OSHA). Your letter was forwarded to the Directorate of Enforcement Programs for a response. You are writing on behalf of the Ohio School Facilities Commission, which deals with the construction of schools in Ohio. As a preliminary matter, it should be noted that the Commission, as an agency of a state, and the public schools, as entities of political subdivisions of a state, are not subject to the Occupational Safety and Health Act of 1970. See 29 U.S.C. Sec. 652(b)(5). However, In light of your concerns about the costs imposed on school building contractors of complying with the asbestos standard, we are answering your questions. You have questions concerning the OSHA requirements covering the renovation of school buildings that have hard plaster containing some asbestos, but the amount is not more than 1%. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any question not delineated within your original correspondence. We apologize for the long delay of this response; our replies to your paraphrased questions are provided below. Question 1: Are the OSHA letters dated April 17, 1997; August 7, 1998; and August 13, 1999 correct? They all say that items that do not contain >1% asbestos are covered to at least some extent by the Construction Asbestos Standard. Reply: Yes, those letters are correct although some requirements of the Construction Asbestos Standard, 29 CFR 1926.1101 were not addressed. 29 CFR 1926.1101 would apply even If neither asbestos permissible exposure limit (PEL) is exceeded!. The standard contains numerous work practice requirements and prohibitions which apply, regardless of the exposure levels. However, only two of the requirements and three of the prohibitions must be observed in the case of work activities involving installed construction materials that do not contain >1% asbestos. Those work practice requirements and prohibitions that must be observed regardless of the exposure levels and of the percentage of asbestos in the Installed construction materials are: 29 CFR 1926.1101(g)(1)(ii), which requires: wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to, for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in paragraph (g)(8)(H)2 of this section; ■ 29 CFR 1926.1101(g)(1)(iii), which requires: prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak -tight containers except in roofing operations, where the procedures specified in paragraph (g)(8)(Ii)3 of this section apply; ■ 29 CFR 1926.1101(g)(3)(i), which prohibits: high-speed abrasive disc saws that are not equipped with point -of -cut ventilator or enclosures with HEPA filtered exhaust air; 29 CFR 1926.1101(g)(3)(ii), which prohibits: compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air; and ■ 29 CFR 1926.1101(g)(3)(iv), which prohibits: employee rotation as a means of reducing employee exposure to asbestos. There are also some other provisions that apply to work activities involving installed construction materials even where the material does not contain >1% asbestos. However, if neither asbestos PEL is exceeded, only the following few provisions apply: 29 CFR 1926,1101(f)(2)(i), the provision for establishing that neither asbestos PEL is exceeded: Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the Initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly; ■ 29 CFR 1926.1101(f)(6)(i), a provision covering the observation of monitoring: The employer shall provide affected employees and their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section; ■ 29 CFR 1926.1101(f)(5)(1), a provision covering employee notification of monitoring results: The employer shall notify affected employees of the monitoring results that represent that employee's exposure as soon as possible following receipt of monitoring results; ■ 29 CFR 1926.1101(f)(5)(ii), another provision covering employee notification of monitoring results: The employer shall notify affected employees of the results of monitoring representing the employee's exposure in writing either individually or by posting at a centrally located place that is accessible to affected employees; and ■ 29 CFR 1926.1101(n)(2)(i)-(iii), a set of provisions covering recordkeeping for measurements of exposures to airborne asbestos. There are numerous additional provisions of the standard that apply to work activities involving installed construction materials even where the material does not contain >1% asbestos if at least one of the asbestos PELs is exceeded. Question 2: Did OSHA intend to regulate material that is found to contain asbestos at <1% when it promulgated the Construction Asbestos Standard that it issued in 1994? Reply: Yes. Instead of making all of the engineering controls and work practices applicable to all materials containing asbestos, OSHA made most of them applicable only to installed building materials that contain >1% asbestos and assigned the term "asbestos-containing material" (ACM) to those materials. However, to prevent needless worker exposures to asbestos, OSHA made a few common-sense work practices and prohibitions applicable If any asbestos is present in materials. Thus, the current standard contains engineering controls and work practices that apply regardless of the exposure levels to certain work activities involving only installed building materials that meet the definition of ACM. It also contains a few work practices and prohibitions for work involving material that contains any amount of asbestos regardless of the exposure levels. And the standard has exposure-based requirements, consisting of a 0.1 fiber/cc 8-hour TWA PEL and a 1 fiber/cc 30-minute excursion limit, and other requirements that apply whenever worker exposures exceed either or both of the limits, regardless of the amount of asbestos contained in the materials involved. Question 3: If OSHA had intended to regulate material with <i% asbestos, why aren't we required to communicate information about material with <10/o asbestos? Reply: Most of the requirements for communication of information occur under 29 CFR 1910.1101(k), Communication of Hazards. Any of the requirements which apply only to building or facility owners are inapplicable because the buildings are entities of political subdivisions of the State of Ohio and not subject to the OSHAct. On the other hand, any of the provisions that apply to employers are applicable to private contractors doing the asbestos work. The information that sections (k)(7), (9), and (10) require to be communicated applies to materials not having >1% asbestos which are the source of employee asbestos exposures exceeding one or both of the asbestos PELs as well as to materials containing >1% asbestos. Also, 29 CFR 1926.1101(k)(8), which specifies labeling requirements, applies to materials that contain 1% or more asbestos. On the other hand, it correct that the information which (k)(1)4-(k)(6) require to be communicated pertains only to materials containing >1% asbestos. However, it should be noted that under (k), surfacing material, thermal system insulation and asphalt and vinyl flooring material found in buildings constructed no later than 1980 or installed no later than 1980 must be considered to contain >1% asbestos, unless the employer demonstrates otherwise in accordance with (k)(5). Question 4: Under 29 CFR 1926.1101(k)(8) are employers required only to communicate information about ACM? Reply: 29 CFR 1926.1101(k)(8) requires employers to communicate information about ACM and also material that contains 1% asbestos. (ACM, again, is material that contains >1% asbestos.) Question 5: Should the phrase "products containing asbestos" as used in paragraph (k)(8)(1) be read "ACM" and not as including materials with <1% asbestos, because otherwise there is a contradiction In (k)(8)? Reply: No. There is no contradiction. Paragraph (k)(8)(1) deals broadly with products containing asbestos. Paragraph (k)(8)(vi)(B) provides for an exclusion from labeling for products with <1%. concentrations of asbestos. Question 6: Why, if material containing <1% asbestos is to be considered hazardous (employers are to wet it, put it in containers, and perform air monitoring), are employers not required to warn workers about Its presence when they know it is present at a work site or in a building? Reply: You must inform employees about the presence of material containing <1% asbestos when you know it is present. When employees perform work activities involving such material, you are required per 29 CFR 1926.1101(f)(2)(1) to assess their exposures to asbestos. In connection with this requirement you must, per 29 CFR 1926.1101(f)(6)(i), provide affected employees an opportunity to observe any monitoring of asbestos exposure. After the monitoring, you must, per 29 CFR 1926.1101(f)(5)(i) and (ii), Inform employees of the monitoring results representing their asbestos exposures. In accordance with 29 CFR 1926.1101(e) and (k)(7), if asbestos exposures exceed or are likely to exceed one or both of the PELs, then you must provide warning by posting the area where these overexposures are occurring as a regulated area. Although employers do not have to label containers of waste and debris containing <1% asbestos, promptly placing the waste and debris In leak-tight containers is a work practice that reduces the exposures of the employees producing the waste and debris. That is especially so because this work practice is to be used in conjunction with wet methods or wetting agents. By promptly cleaning up the waste and debris and placing it in containers, it is kept from drying out and possibly releasing airborne asbestos into the work environment. Leak-tight containers prevent the asbestos from seeping out and reintroducing an asbestos exposure hazard. Question 7: If OSHA had intended to regulate material containing <1% asbestos, why do not employers have to use HEPA-filters when using vacuum cleaners to clean up material containing <1% asbestos? Reply: An employer does not have to use vacuum cleaners to clean up material containing <1% asbestos. However, If an employer uses vacuum cleaners to clean up the material, then per 29 CFR 1926.1101(1)(1), it must use HEPA-filtered vacuuming equipment. Question 8: If OSHA had intended to regulate material containing <1% asbestos, why does it not discuss the distinction between ACM and material containing <1% asbestos in the preamble to the regulation? Reply: OSHA was already regulating materials that contained <1% asbestos. In promulgating the 1994 standard, OSHA was determining which materials to regulate further by additional work practice and engineering control requirements. Question 9: If OSHA had intended to regulate material containing <1% asbestos, why did it not examine the compliance costs for working with this material? Reply: As we stated above, OSHA was already regulating materials with <1% asbestos. In promulgating the 1994 standard, OSHA was determining the cost of complying with additional work practice and engineering control requirements. Question 10: If OSHA had intended to regulate material containing <1% asbestos, why did it not mention this in its CPIs dealing with asbestos in construction? Reply: That was simply an oversight by the preparers of the Asbestos Compliance Directive. It will be corrected when the directive is next updated. Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance In response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha,gov, If you have any further questions, please feel free to contact the Office of Health Enforcement at (202) 693-2190. Sincerely, Richard E. Fairfax, Director Directorate of Enforcement Programs 1 The asbestos PELs are an eight -(8-) hour time -weighted average (TWA) limit of 0.1 fiber per cubic centimeter of air (0.1 f/cc) and an excursion limit of 1.0 f/cc as averaged over a sampling period of thirty (30) minutes. [back to text] 2 Paragraph (g)(8)(ii)is directed toward the removal of roofing materials containing >1% asbestos. However, OSHA interprets the reference at (g)(8)(ii)(B) to the exception to the use of wet methods for reasons of infeasibility or the creation of safety hazards as also applying to removing any roofing materials that do not contain >1% asbestos. [back to text] 3 The reference to paragraph (g)(8)(ii) applies even for material that does not contain >1% asbestos. [back to text] 4 The phrase, Installed Asbestos Containing Building Material, is Intended to be the heading and the start of 29 CFR 1926.1101(k)(1). The three sentences preceding that phrase are intended to be an introduction for 29 CFR 1926.1101(k) and precede (k)(1). [back to text] 0 Standard Interpretations - Table of Contents Freedom of Information Act I Privacy & Security Statement I Disclaimers I Important Web Site Notices I International I Contact Us U.S. Department of labor I Occupational Safety & Health Administration 1 200 Constitution Ave., NW, Washington, DC 20210 Telephone: 800 -321 -OSHA (6742) 1 TTY www.OSHA.gov CERTIFICATE OF LIABILITY INSURANCE DAODIYYYV) 3/12 3/23/2015 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. 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NOTWITHSTANDING 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 TF_RMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I LTR TYPE OF INSURANCE [ADDL LON POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE_ S 5,000,000 PR W (Fa oeeurlena^ S 50,000 , X COMMERCIAL GENERAL L ABI'- I'Y A ,CLAIMS-MADL OCCUR 793-00-05-55-0002 /13/2015 3/13/2016 MFDEx {An o�epersorq S 5 5,000 0 .- .._ PERSONAI. & ADV INJURY $ • 5 , 000 , 000 GENERAL A(1GRECATE $ 5,000,000 PRODUCTS - COMPIOP AGG $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER $ X POLICY PRO 177 LOC AUTOMOBILE LIABILITY _ MBWEO SINGLE LIMI E , ss4......__.-_,- ....... J... -___l 1-0 0 0 1 09 0 ANY AUTO BODILY INJURY (Per person( $ B �— AL1 OWNED X I SCHEDULED WX-A382840-00 10/25/2014 10/25/2015 BOCILY:NJURY(Per asci ionq S AUTOS AUTOS PROPERTY DAMAGE $ Per accudenr NON -OWNED X X HIRED AUTOS AUTOS nm ureo m Iorisl canoned $ 1 000,000 X UMBRELLA LIAR XOCCUR EACH OCCURRENCE S 2,000,000 ACGREGATE $ 2,000,000 A ,� EXCESS LIAB CLAIMS-MAOF OLD X RETCNTIONS 10,00 $ 93 -DD -20-90-000 /13/2015 /13/2016 C WORKERS COMPENSATION WC:Y TATO• O1H- iAND EMPLOYERS' LIABILITY ANY PROPRIFTOR/PARTNER/EXECUTIVE YIN F L EACH ACClDEN7 $ 1 000 000 OF F ICERMMFMBFR r.XCLUOI O? (Mantlatory In NH) NIA -22-04-220152-02 /13/2D15 3/13/2016 ....-...._... _....._..__ FL DISEASE EA EMPI_!DYE, S 1,000,000 ! Ifyes, ZSCrIte u,der 0-SC:RIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 _ $ HX4650635-06 12/1/2014 12/1/2015 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addifional Remarks Schedule, if more -Dace is required) I 71 1 CERTIFICATE HOLDER City of New Hope 4401 Xylon Avenue, North New Hope, MN 55428 I Arnott oc ren�nrnn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR12ED REPRESENTATIVE R B. Murphy/LETHA n 1o5tR.9f11n ArnPn C_nRPORATIC)N- All rights reserved. INS025 nninn.a m Tho Ar:(lRn name nnri Inn^ aro rnniefororf mnrlre of AR01Gn CITY OF NEW HOPE CONTRACT FOR REMOVAL OF TREES AND STUMP GRINDING AT 4415 NEVADA AVE. N., NEW HOPE For valuable consideration as set forth below, this Contract dated the 19'h day of September, 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 September 1, 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 4415 Nevada 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. 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 DATE/LIQUIDATED DAMAGES Contractor shall complete all Work on or before October 9, 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 October 9, 2015, Contractor shall pay the City $50.00 per day as liquidated damages. —1— 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 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. Iva 8- ASSIGNMENT Contractor shall riot 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 ail -u12 notices and any other purpose under this Contract shall be 8768 Cottonwood Lane N. Maple Grote MN 55369, 763-245- 318-1. The address of the City for purposes of giving notices and any other purposes under this Contract ,hall he 4401 Xylon !Avenue North. New Mope, 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 tIOPG B%: l L�K" Kirk McDonald Its City Nlanaiyer Scott Bryan Kantor d/b/a Scott's Tree Service NIn Scott Kantor < ". - I is :;t !,. 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 MN 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: Kirk McDonald Its City Manager Scott Bryan Kantor d/b/a Scott's Tree Service Mn Scott Kantor Its —3— 'S TREE C,�,�kCOTT � ERVICE ESTIMATE / CONTRACT / INVOICE 25 Years Experience www.scottsmntreeservice.com 763-245-3184 Mail to: Scott's Tree Service MN 4564A 8768 Cottonwood Lane N Maple Grove, MN 55369 DATE: `I - I - NAME: Lugo- 86pe I rO -U ADDRESS:i CITY: 4�, e— STATE: 4— zip: :Ir f c.y CELL #�J1; ,3 A,3 - 5_31 - 5-// �tt E-MAIL: '11 �� tI.��l — i?z�G'c: III"). �S r INbUHLU-LIC:LNSLU-bUNULU - Insurance coDV Droviaea UDC PRUNING IN ACCORDANCE WITH ANSI A300 STANDARDS 1. DEADWOOD: 2. THIN: 3. RAISE: 4. CUTBACK: 5. COMPLETE F-1 Cut down Tree or Shrub (Leave Debris) For more information see www.ISA-arbor.com Equipment: F-1 Remove from structure (Leave Debris) F]Log Loader F]Bucket Truck Chip Truck 1-1 Climber HAUL AWAY Tree or Shrub Debris LJ ❑ Stump Grinding/Chipping FIChipper 1-1 Swinger 1-1 Crane FILadder ❑ HAUL AWAY Stump Debris if 'f v 1 X qw A) o Aop, p,— : c;r`z :s s-�4' i VISA, MASTERCARD & DISCOVER. NO CANCELLATIONS OR REFUNDS. SEE REVERSE FOR LEIN NOTICE. RIGHTS, CONDITIONS AND AGREEMENTS. ACCEPTANCE Of CONTRACT. I/We accept this contract in its entirety as fair value for work herein described. I/We have read and understand all Notices, Payment, Fee, Cost, and Change clauses on reverse. I/We will deposit 10% of the Contract's value, which I have included with this Contract. NO CANCELLATIONS OR REFUNDS. COST $ Submitted by: ___ , SALES TAX $ Customer Date Customer WHITE -- ORIGINAL YELLOW -- RECEIPT PINK -- ESTIMATE TOTAL $ KANSC01 OP ID: BH A` ORO CERTIFICATE OF LIABILITY INSURANCE DATE/14/2015 07114/2015 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(ies) 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 endorsement(s). PRODUCER Pierce Agency, Inc. P.O. BOX 160 Litchfield, MN 55355 Timothy Pierce CONTACT -NAME: FAX A1C No Ext): A/C No): E-MAIL ADDRESS: NSN1831669 01/07/2015 INSURER(S) AFFORDING COVERAGE NAIC A INSURER A : West Bend Mutual 15350 A PREMISES Ea occurrence $ _ INSURED Scott Kantor Scott's Tree Service INSURER B: 8768 Cottonwood lane N INSURER C: INSURER D: Maple Grove, MN 55369 INSURER E: AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NED HIRED AUTOS AUUTOSTOS INSURER 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. NOTWITHSTANDING 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 I TYPE OF INSURANCE DDL BR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1 A � OCCUR NSN1831669 01/07/2015 01/07/2016 I EACH OCCURRENCE $ 1,000,00 A PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY P 17 RO EC�LOC PRODUCTS - COMP/OPAGG $ 2,000,00 $ AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NED HIRED AUTOS AUUTOSTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMIT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of New Hope ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 15- 08 RESOLUTION APPROVING PURCHASE AGREEMENT FOR THE ACQUISITION OF 4415 NEVADA AVENUE NORTH BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: WHEREAS, on September 22, 2014 the City Council adopted Resolution No. 14-126 at the City Council meeting authorizing City community development staff to actively pursue the acquisition of distressed, functionally obsolete single family homes for potential purchase by the Economic Development Authority in and for the City of New Hope, as part of the City's scattered site housing program; and WHEREAS, the City Council has directed City staff to negotiate for the terms most favorable to the City, and the execution of purchase agreements so as to secure purchase rights for these real properties, contingent on the review and approval of the Economic Development Authority in and for the City of New Hope to the terms of the purchase agreements; and WHEREAS, New Hope City staff have identified the opportunity to purchase certain real property located at 4415 Nevada Avenue North, New Hope, MN and legally described as: The East 130 feet of Lots 26 and 27, Auditor's Subdivision Number 324, Hennepin County, Minnesota (the "Property") from The Bank of New York Mellon, formerly known as The Bank of New York, as successor -in -interest to JPMorgan Chase Bank, N.A., as Trustee for Bear Stearns Asset Backed Securities, Bear Stearns Alt -A Trust, Mortgage Pass -Through Certificates Series 2006-1; and WHEREAS, the Property is currently unoccupied; and WHEREAS, the house located on the Property was built in 1938 and has a functionally obsolete floor plan; and WHEREAS, City staff believes that the best use of the Property is demolition in order to maximize the tax base through splitting the Property into two separate lots and making them available for the development of two new residential housing units; and WHEREAS, the Property will be acquired using Economic Development Authority in a for the City of New Hope funds; and WHEREAS, it is in the best interest of the Economic Development Authority in and for the City of New Hope to purchase the Property from The Bank of New York Mellon, formerly known as The Bank of New York, as successor -in -interest to JPMorgan Chase Bank, N.A., as Trustee for Bear Stearns Asset Backed Securities, Bear Stearns Alt -A Trust, Mortgage Pass -Through Certificates Series 2006-1, in order to redevelop the Property in accordance with the City's scattered site housing program and policy; WHEREAS, City staff will make an initial offer of $67,600.00 to purchase the Property, but the offer may need to be increased in the event of multiple offers; and WHEREAS, the City staff is hereby seeking approval from the Economic Development Authority in and for the City of New Hope of the Purchase Agreement, subject to the review and approval by the City Attorney of proper title evidence and other terms relating to the closing on the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. It is in the best interest of the City to purchase the Property for redevelopment in accordance with the City's scattered site housing program and policy. 3. That the purchase of the Property by the Economic Development Authority in and for the City of New Hope from The Bank of New York Mellon, formerly known as The Bank of New York, as successor -in -interest to JPMorgan Chase Bank, N.A., as Trustee for Bear Stearns Asset Backed Securities, Bear Stearns Alt -A Trust, Mortgage Pass - Through Certificates Series 2006-1, for the sum of $67,600.00, or for a higher purchase price to be determined in the reasonable judgment of City staff in the event multiple offers are made on the Property, with other terms and conditions as set forth in the Purchase Agreement attached hereto as Exhibit A, is approved subject to the review and approval by the City Attorney of proper title evidence and other terms relating to the closing on the sale of the Property. 4. That the payment of $6,760 earnest money to the listing agent, Property Advisors Realty LLC, to be held in listing agent's trust account pending closing as set forth in the Purchase Agreement is approved. In the event of multiple offers and a higher purchase price, an increased sum of earnest money is authorized. Said earnest money shall be applicable to the purchase price of the Property. 5. The City shall use due diligence for correcting the Property's blighted condition and conducting any necessary environmental cleanup of the Property to pursue this redevelopment purpose and return the Property to the tax rolls for the benefit of all taxing jurisdictions. 6. The President and Executive Director and the New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the purchase of the Property in accordance with the Purchase Agreement. Dated the 22nd day of June, 2015. -a ) e J'�, Attest: i Kathi Hemken, President Kirk McDonald, Executive Director P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11369 - 4415 Nevada Ave. N\Resolution Approving Purchase of 4415 Nevada Avenue North v2.docx PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. 0 2014 Minnesota Association of REALTORS°, Edina, MN 1. Date 6/18/2015 2. Page 1 of 13 3. BUYER (S): city of New Hope EDA 4. 5. Buyer's earnest money in the amount of 6. Six Thousand Seven Hundred Sixty Dollars ($ 6,760.00 ) 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: 4415 Nevada Avenue N 13. City of New Hope County of Hennepin , 14. State of Minnesota, legally described as 15 AUDITOR'S SUBD. NO. 324 8 130 FT OF LOTS 26 AND 27 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 "Property"): 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 antenna/cable 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; wine/beverage 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; humidifier/dehumidifier; liquid fuel tanks (and controls); 27. pool/spa equipment; propane tank (and controls); security system equipment; TV satellite dish; AND the following 28. personal property shall be transferred with no additional monetary value, and free and clear of all liens and encumbrances: 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 ($ 67,600.00 ) 36. Sixty -Seven Thousand Six Hundred 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 discretion, which includes 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) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first mortgage with 43. subordinate financing, as described in the attached Addendum: 44. ❑ Convention! ❑ FHA ❑ DVA ❑ Assumption ❑ Contract for Deed ❑ Other: -----------------------•------------------------------------------------ ---------------------(Check one.) ------------------------------------------------------------------------------------------------ 45. The date of closing shall be on or before 7/31-,20 15 MN:PA-1 (8/14) /fID/YiJS PURCHASE AGREEMENT 46. Page 2 Date 6/18/2015 47. Property located at 4415 Nevada Avenue N New Hope MN 55428 48. This Purchase Agreement ❑ IS Q IS NOT subject to an Addendum to Purchase Agreement: Sale of Buyer's Property -------(Check one.) ------- 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 K❑ IS NOT subject to cancellation of a previously written purchase agreement -------(Check one.) ------- 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 of Purchase 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 ❑ Elects 0 Declines to have a -----------(Check one.) ------------- 58. Property inspection performed at Buyer's expense. 59. This Purchase Agreement ❑ IS Q IS NOT subject to an Addendum to Purchase Agreement: Inspection Contingency. -------(Check one.) ------- 60. (If answer is IS, see attached Addendum.) 61. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one): 62. RI Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or 63. ❑ 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 n PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due -- ----------------------------- -------------------------(Check one.} ---------------------------------------------------------------------- 75. and payable in the year 20 15 76. Seller shall pay © PRORATEDTO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due and --------------------------------- --------------------- ---(Check one.) ---------------------- ------------------------------------------- 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. ❑ SHALL © SHALL NOT pay the difference between the homestead and non -homestead. ----------- ---(Check one.) ----------------- 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 taxes. 82. DEFERRED TAXES/SPECIAL ASSESSMENTS: 83. ❑ BUYER SHALL PAY ❑XC SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green ------------------------------------(Check one.) ----------------------------------------- 84. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 85. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING FX� SELLER SHALL PAY ON ----------------------------------------------------------------------------------------------------(Check one.) - 86. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 87. payable in the year of closing. MN:PA-2 (8/14) ' PURCHASE AGREEMENT 88. Page 3 Date 6/18/2015 89. Property located at 4415 Nevada Avenue N New Hope MN 55428 90. ❑ BUYER SHALL ASSUME 0 SELLER SHALL PAY on date of closing all other special assessments levied as ------------------- --------- ----------(Check one. -------------------- --------------------- 91. of the date of this Purchase Agreement. 92. ❑ BUYER SHALL ASSUME FK] SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as ------------------ ------------------ ---------------------------(Check one.) ------------------------------------------------------------------- 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 lender.) 96. Buyer shall pay any unpaid special assessments payable in the year following 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 ❑ HAS FK -1 HAS NOT received a notice ----------(Check one.) ------------ 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 absence of such agreement, either party may declare 104. this Purchase Agreement canceled by written notice to the other party, 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 immediately after closing. 109. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the Property 110. by possession date. 111. 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, if 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 additional 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. Lacking 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. If 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 all 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) 140. Property located at 4415 Nevada Avenue N PURCHASE AGREEMENT 139. Page 4 Date 6/18/2015 New Hope MN 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 Property 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 verify 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 Property 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. If 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 affirm 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 fulfillment, 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): ❑ DISCLOSURE STATEMENT.- SELLER'S PROPERTY ORA 182. Q DISCLOSURE STATEMENT.- SELLER'S DISCLOSURE ALTERNATIVES FORM. 183. DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller's Property or Disclosure Statement: 184. Seller's Disclosure Alternatives 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. MN:PA-4 (8/14) 189. Property located at 4415 Nevada Avenue N PURCHASE AGREEMENT 188. Page 5 Date 6/18/2015 New Hope MN 55428 190. (Check appropriate boxes.) 191. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 192. CITY SEWER DYES ❑ NO / CITY WATER ®YES ❑ NO 193. SUBSURFACE SEWAGE TREATMENT SYSTEM 194. SELLER ❑ DOES ❑ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR ------- --------(Check one.) ------------------ 195. SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure 196. Statement: Subsurface Sewage Treatment System.) 197. PRIVATE WELL 198. SELLER ❑ DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. --------------------(Check one.} ------------------- 199. (If answer is DOES and well is located on the Property, see Disclosure Statement: Well.) 200. THIS PURCHASE AGREEMENT ❑ IS ® IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: -------(Check one.) ---------- 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 registry 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 PROTECTION/WARRANTY 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, limitations and service fees. Most plans exclude pre-existing conditions. (Check one.) 214. ❑ A Home Protection/Warranty Plan will be obtained and paid by ❑ BUYER ❑ SELLER to be issued by ----------(Check one.) --------------- 215 at a cost not to exceed $ 216. X❑ No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 217. to purchase a Home Protection/Warranty Plan. 218. NOTICE 219. Jeffrey J Detloff is 0 Seller's Agent ❑ Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Licensee) -----------------------------------------------------(Check one.} ------------------------------------------------------ 220. Property Advisors Realty LLC (Real Estate Company Name) 221. Anthony Hawk is ❑ Seller's Agent 0 Buyer's Agent ❑ Dual Agent ❑ Facilitator. (Licensee) ------------------------------------------------------(Check one. }---------------------- 222 Hawk Realty Company (Real Estate Company Name) 223. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-5 (8/14) PURCHASE AGREEMENT 224. Page 6 Date 6/18/2015 225. Property located at 4415 Nevada Avenue N New Hope MN 55428 226. DUAL AGENCY REPRESENTATION 227. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: 228. 0 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 Seller(s) and the Buyer(s) of the Property involved in this transaction, which 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 information 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 its 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 currency for 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. MN:PA-6 (8/14) 1 s 10 PURCHASE AGREEMENT 268. Page 7 Date 6/18/2015 269. Property located at 4415 Nevada Avenue N New Hope MN 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. I, 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 conditions 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. ❑ If checked, this Purchase Agreement is subject to 280. attached Addendum to Purchase Agreement. 281. Counteroffer. 282. X (Seller's Signature) (Date) 283. X (Seller's Printed Name) 284. X (Marital Status) 285. X (Seller's Signature) (Date) 286. X (Seller's Printed Name) 287. X (Marital Status) X � 1. / (Buyer's Signature) + (Date) XCity of New Hope Economic Development Authority (Buyer's Printed Name) X (Marital Status) X (Buyers Signature) (Date) X (Buyer's Printed Name) X (Marital Status) 288. FINAL ACCEPTANCE DATE: 289. is the date on which the fully executed Purchase Agreement is delivered. The Final Acceptance Date 290. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 291. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 292. 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE DISCLOSURE 293. STATEMENT. ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PIJOPERTYARBITRATIONAGREEMENT, 294. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PART HIS PUR HASE 4GREMENT. 295. SELLER(S) BUYER(S) City of New Hope ECM=iC Development Authotity 296. SELLER(S) BUYER(S) MN:PA-7 (8/14) ADDENDUM TO PURCHASE AGREEMENT: PROPERTY ADVIISORS BUYER PURCHASING "AS IS" AND LIMITATION OF SELLER LIABILITY This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2014 Minnesota Association of REALTORS'', Edina, MN 1. Date 6/15/15 2. Page 3. IN THE EVENT SELLER HAS COMPLETED, AND BUYER HAS RECEIVED, A 4. SELLER'S PROPERTY DISCLOSURE STATEMENT, DO NOT USE THIS 5. ADDENDUM WITHOUT FIRST SEEKING LEGAL ADVICE. 6. Addendum to Purchase Agreement between parties, dated- 7. ated 7. pertaining to the purchase and sale of the Property located at 4415" Nevada Avenue N 8. New Hope MN 55428 9. Limitation of Seller Liability: The Property 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 -Is" 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 Sellers Disclosure Alternatives with the "Waiver" section completed. Seller remains 16. obligated to make "Other Required Disclosures" in the Disclosure Statement. Sellers Disclosure Alternatives. Except 17. for "Other Required Disclosures," Buyer acknowledges 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. 23. 24. 25. 26. 27. 28. WARNING: THIS ADDENDUM WILL AFFECT THE LEGAL RIGHTS OF BUYER AND SELLER. BUYER AND SELLER ARE STRONGLY ENCOURAGEDTO OBTAIN LEGAL ADVICE (Seller's Signature) (Seller's Signature) MN:APA:AI (8/14) BEFORE AGREEING TO THI DDENDUM. �\ �� 5 (Date) (Buyers Signature) ( te) (Date) (Buyer's Signature) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. (Date) 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31 32. ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2011 Minnesota Association of REALTORS®, Edina, MN 1. Date 6/18/2015 2. Page 9 of 13 Addendum to Purchase Agreement between parties, dated June 18 20 15 pertaining to the purchase and sale of the property at 4415 Nevada Avenue N New Hope, MN 55428 In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language in this Addendum shall qovern. The purchase agreement is contingent on the following: Review and approval of the terms of the purchase agreement by the New Hope City Council/BDA (estimated to be June 22, 2015); If the above contingency is not met, Buyer may declare this purchase agreement cancelled by written notice to Seller, or licensee representing or assisting Seller, in which case this purchase agreement is cancelled. If Buyer declares this purchase agreement cancelled due to the failure of the above contingency, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to Buyer. Buyer agrees to assume repairs required by the City of New Hope Point of Sale inspection. (Seller) (Date) (Buyer) (Date) (Seller) (Date) (Buyer) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -APA (8/11) (Date) 10895H &- 3. Addendum to Purchase Agreement between parties, dated ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS", which disclaims any liability arising out of use or misuse of this form. ® 2006 Minnesota Association of REALTORS", Edina, MN Date " i s ,� Page f C E 13 i -.20 S pertaining to the 4. purchase and sale of the property at 5. Buyer(s) hereby acknowledge they should use their inspection period to examine 6, the property both physically and politically, ie check assessments, truth in housing 7, and/or code compliance requirements, zoning, rental licensing requirements, etc. 9. Buyer(s) will assume all R & Rrs on city truth in housing/code compliance/point 10. of sale report. Buyer(s) will assume all inspection, registration, permit, vacant 11, building registration fees and/or bond fees required by city. 12. . 13. Buyer must check with city and assume stop box repairs and/or replacement. 14. _If applicable buyer will sign city escrow agreement and escrow funds with the 15. _city, county, and/or buyers lender for any and all required R & Rrs, work orders, 16. code compliance, septic system, wells, city sewer upgrades, repairs or connection, 17, stop box repairs or replacement, meter repair or replacement, etc. 18. . 19. Buyer(s) will assume any city assessments or charges for connecting or 20. disconnecting the water meter on the subject property. Some cities including but 21, not limited to the city of Minneapolis can assess a water meter tampering or 22. replacement charge of approximately $200.00. This fee must be paid for by the 23. buyer. 24. 2s. Buyer(s) to be responsible for purchase and installation of carbon monoxide 26. detectors per Minnesota Law. 27. _ 28. If there is any conflict between the MAR purchase agreement and the sellers counter 29. offer addendums, the sellers counter offer addendums shall control. 30. 31. t��_ I� (Senor) (Date) (Buyer) (ale) 32. (Soper) (Date) (Buyer) (Date) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE, PROFESSIONAL. MN -APA (8/06) C. REAL ESTATE DISCLOSURE ADDENDUM AND RELEASE Buyer(s) and Buyer(s) Anent acknowledge that they are aware that due to possible water damage andlor excessive moisture mold, mildew andlor other microscopic organisms may be present svithin the subiect property. Buyer(s) and Buyer(s) Agent are aware that exposure to certain species of mold ntay pose serious health risks, particularly in individuals with immune system deficiencies, allergies or respiratory problems, and young children and elderly persons. To the best of Seller's knosvledze, too tests have been performed and no investigation undertaken in connection svitli mold, funzal spores, or any other microscopic organisms that may be present within the subiect properiv. Buyer(s) and Buyers(s) Agent acknowledged the property is being sold and conveyed "ASIS': Buyer(s) and Buyer(s) Agent further acknowledge that under 11te terms of the Contract of Sale. BuyerS) have had, or will have had, prior to closing, full and timely opportunity to make a complete inspection of the subiect property, including any environmental inspection or investigation of the subiect property. Buyer(s) and Buyer(s) Agent agree that the purchase price of the property reflects the agreed upon value of lite prape►ty "AS IS", including the aforementioned disclosures. Buyer further acknowledges that Minnesota Statute 229.51 requires installation of!Z UL listed Carbon Monoxide alarm within 10 feet of any lawful sleeping area. Buyer assumes resnonsibilt for installing aid alarms to comply Wilt the law. Buyer is responsible for any water or utility reconnection fees. In the event that utilities are disconnected for any reason Seller will not reconnect or reactivate them. Seller has not made and does not make any express or implied representation or warranty of an), kind with respect to the environmental condition of the subject property or whether it is in compliance with any local, state, or federal environmental law, code, or standard. Buyer(s) and Buyer(s) Agent hereby agree not to pursue any claim against Seller or its Agents for any violation of any such laws, codes, standards, or for cost incurred in conducting investigations pursuant to such laws, codes, or standards. In addition, Buyer(s) and Buyer(s) Agent agree to fully and forever release, discharge and hold harmless Seller, its agents, employees, contractors, and representatives from and against any claims, damages, losses, costs or expenses of any kind sustained or arising directly or indirectly from or in connection with any known or unknown condition of the subject property. Buyer Buyer Date Buyer Agent- PLEASE SIGN Date ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. 0 2009 Minnesota Association of REALTORS®, Edina, MN 1. Date 6/18/2015 2. Page 12 of 13 3. Addendum to Purchase Agreement between parties, dated 6/18/2015 4. pertaining to the purchase and sale of the property at 4415 Nevada Avenue N 5 New Hope, MN 55428 6. Section I: Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was built prior to 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 lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including 10. learning 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 paint and/or lead-based paint hazards are present in the housing 19. (explain): 20. 21. ❑ 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. ❑ 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. ❑ 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. ❑ Received a 10 -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 (if checked, 35. see Section Il on page 2); or 36. ® Waived 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 (8/09) rimi ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED 38. Page 39. Property located at 4415 Nevada Avenue N 40. Real Estate Licensee's Acknowledgement (initial) PAINT HAZARDS 13 of 13 New Hope, HN 55428 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. Drovided by the sianatory is true and accurate. 46. (Seller) 47. (Seller) 48. (Real Estate Licensee) Jeffrey J Detloff (Date) (Date) (Buyer) (Date) (Date) (Buyer) (Date) (Real Estat Licensee) Anthony Hawk (Date) 49. Section II: 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 [:]ten (10) ❑ 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. If 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 (B) 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. TLX:SALE-2 (8/09) DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2014 Minnesota Association of REALTORS®, Edina, MN Pagel 2. ARBITRATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing 5. to binding arbitration, you give up your 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 property, excluding 17. disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims 18. of fraud, misrepresentation, 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 fees. 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, it 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. limitation 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 the other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator 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 party's own expense, if he or she gives five 37. (5) days advance notice 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 writing 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 granting 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 or on the Web at www.ncdsusa.org or from your REALTOR". If you have any questions 46. about arbitration, call NCDS at (866) 777-8119 or (866) 727-8119 or consult a lawyer. MN:DS:ADRAA-1 (8/14) 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 4415 Nevada Avenue N 52. City 'of New , 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. enjoyment of the property, excluding dispbtes related to title issues of the property covered by the Purchase Agreement 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 67. 68. 69 dated June 18 , 20 \or , including claims of fraud, misrepresentation, warranty and negligence, shall be settled by binding arbiational Center for Dispute Settlement shall be the arbitration service provider. The rules adopted by National CDispute Settlement and the Minnesota Association of REALTORS® shall govern the proceeding(s). The rules govern the proceeding(s) are those rules in effect at the time the Demand for Arbitration is filed and inclul specified in the Arbitration Disclosure on page one (1). This Agreement shall survive the delivery of thr c tract for deed in the Purchase Agreement. This Agreement is only enforceable if all buyers, sellers ands rep senting or assisting the buyers and sellers have agreed to arbitrate as acknowledged by signaturesor purp es of this Agreement, the signature of one licensee of a broker shall bind the broker and all licenseesoat broker. (Seller's Signature) (Date) (Sellers Printed Name) (Seller's Signature) (Date) (Seller's Printed Name) (Licensee Representing or Assisting Seller) (Date) Jeffrey J Detloff Property -Advisors Realty LLC (Company Name) �I (Buyer's (Date) (Buyer's Signature) U (Date) (Buyers Printed Name) (Licensee Representing or Assisting B ,'(Date) Anthony Hawk Hawk Realty Co vaav (Company 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 LAWYER. MN:DS:ADRAA-2 (8114) DISCLOSURE STATEMENT: PROPERTY ADVISORS SELLER'S DISCLOSURE ALTERNATIVES This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2014 Minnesota Association of REALTORS®, Edina, MN 1. Date 6/15/15 2. Page 1 of pages: RECORDS AND 3. REPORTS, IF ANY, ARE ATTACHED HERETO AND 4. MADE A PART HEREOF 5. Property located at 4415 Nevada Avenue N 6. City of New Hope , County of Hennepin State of Minnesota. 7. NOTICE: Sellers of residential property, with limited exceptions, are obligated to satisfy the requirements of MN Statutes 8. 513.52 through 513.60. To comply with the statute, Seller must provide either a written disclosure to the 9. prospective Buyer (see Disclosure Statement; Seller's Property Disclosure Statement) 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) ❑ QUALIFIED 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 report, or material facts known by Seller that are not included in the 22. report. 23. The inspection report was prepared by 24. 25. and dated 20 . 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. 29. 30. 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) ® WAIVER: The written disclosure required may be waived if Seller and 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 property, 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 MN Statutes 513.52 through 513.60 does not waive, limit or 46. abridge any obligation for Seller disclosure created by any other law. MN:DS:SDA-1 (8/14) ®��� PROPERTY ADMOR> 48. Property located at 4415 Nevada Avenue N DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 47. Page 2 New 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 below. 54. A. 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 ❑ DOES ❑ DOES NOT know of a subsurface sewage treatment system on or serving ---------------(Check one.) -------------- 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 property. 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.) 64. (Check appropriate box.) 65. FK -1 Seller certifies that Seller does not know of any wells on the above-described real property. 66. ❑ 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? E] 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 Fkj 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 property's estimated market value for property tax purposes 76. shall increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 77. consequences. 78. Additional comments: 79. 80. 81. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 82. (A methamphetamine production disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 83. ® 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 (8/14) � PROPER,' ADVISORS DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 86. Page 3 87. Property located at 4415 Nevada Avenue N 88. E. RADON DISCLOSURE: 89. (The following Seller disclosure satisfies MN Statute 144.496.) New MN 55428 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, certified, 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 with 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.health.state.mn.us/divs/eh/indoorair/radon/rnrealestateweb.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 within 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) ❑ HAVE 0 HAVE NOT occurred on the property. ------------(Check one. -------------- - 110. (b) Describe any known radon concentrations, mitigation, or remediation. NOTE: Sellershall attach the most 111. current records and reports pertaining to radon concentration within the dwelling: 112. 113. 114. 115. (c) There ❑ IS 0 IS NOT a radon mitigation system currently installed on the property. -------(Check one.} ------- 116. If "IS," Seller shall disclose, if known, information regarding the radon mitigation system, including system 117. description and documentation. 118. 119. 120. 121. F. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property maybe 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) PROPERTY ADVISORS 130. Property located at 4415 Nevada Avenue N DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 129. Page 4 New MN 55428 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 and doors, 136. 0 improper grading, 137. 0 flooding, 138. 0 roof leaks. 139. Examples of interior moisture sources may be 140. 0 plumbing leaks, 141. & condensation (caused by indoor humidity that is too high or surfaces that are too cold), 142. 0 overflow from tubs, sinks or toilets, 143. 0 firewood stored indoors, 144. 0 humidifier use, 145. 0 inadequate venting of kitchen and bath humidity, 146. 0 improper venting of clothes dryer exhaust outdoors (including electrical dryers), 147. 0 line -drying laundry indoors, 148. 0 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 health 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. property. 160. For additional information about water intrusion, indoor air quality, moisture or mold issues, please view the 161. Minnesota Association of REALTORS® Desktop Reference Guide at www.mnrealtor.com. 162. I. 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 Corrections 166. web site at www.corr.state.mn.us. MN:DS:SDA-4 (8114) PROPERTY ADVISORS 168. Property located at 4415 Nevada Avenue N 169. J. SELLER'S STATEMENT: DISCLOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES 167. Page 5 New MN 55428 170. (To be signed at time of listing.) 171. Seller(s) 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 Disclosure 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 Buyer's 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: If Seller 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. iE.*3 (Seller) (Date) (Seller) (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 Seller's 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. bin made, other than those made ihi ns form: 195. (Buyer) ate) (Buyer) (Date) 196. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS HEREIN AND ARE 197. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. MN:DS:SDA-5 (8/14) Radon in Real Estate Transactions All Minnesota homes can have dangerous levels of radon gas in them. Radon is a colorless, odorless and tasteless I DEPARTMENT or HEAL -5 radioactive gas that can seep into homes from the earth. When inhaled, its radioactive particles can damage the cells that line the lungs. Long-term exposure to radon can lead to lung cancer. About 21,000 lung cancer deaths each year in the United States are caused by radon, making it a serious health concern for all Minnesotans. It does not matter if the home is old or new and the only way to know how much radon gas has entered the home is to conduct a radon test. MDH estimates 2 in 5 homes built before 2010 and 1 in 5 homes built since 2010 exceed the 4.0 pCi/L action level. r -- T In Minnesota, buyers and sellers in a real estate transaction are free to 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 radon levels can be lowered at a reasonable cost. The MDH Radon Program website provides more detailed information on radon, including the MDH brochure "Keeping Your Home Safe from Radon." The Minnesota Radon Awareness Act does not require radon testing or mitigation. However, many relocation companies and lending institutions, as well as home buyers, require a radon test when purchasing a house. 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. Disclosure Requirements Effective January 1, 2014, the Minnesota Radon Awareness Act requires specific disclosure and education be provided to potential home buyers during residential real estate transactions in Minnesota. This publication is being provided by the seller in order to meet a requirement of the Act. In addition, before signing a purchase agreement to sell or transfer residential real property, the seller shall disclose in writing to the buyer any knowledge the seller has of radon concentrations in the dwelling. The disclosure shall include: 1. whether a radon test or tests have occurred on the property; 2. the most current 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 description and documentation, if such system has been installed in the dwelling; and 5. a radon warning statement Radon Warning Statement "The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed 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 applicable, 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 Class 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 information on radon test results of the dwelling." Radon Facts How dangerous is radon? Radon is the number one cause of lung cancer in non-smokers and the second leading cause of lung cancer overall, next to tobacco smoking. Thankfully, much of this risk can be prevented through testing and taking action to reduce high levels of radon gas when and where they are found. Your risk for lung cancer increases with higher levels of radon gas, prolonged exposure and whether or not you are a smoker. Where 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, this is at home. Whether a home is old or new, well -sealed or drafty, with or without a basement, any home can have high le:ols of radon. Where does Radon come from? Radon comes from the sod. It is produced by the natural decay of uranium and radium commonly found in nearly all soils in Minnesota. As a gas, radon moves freely through the soil and eventually into the air you breathe. Our homes tend to draw soil gases, including radon, into the structure. I have a new home, aren't radon levels reduced already? Homes built in Minnesota since June 2009 are required to contain construction features that may limit radon entry. These features are known as passive Radon Resistant New Construction [RRNCI. While these passive RRNC features may lower the amount of radon in newer homes, it does not guarantee low levels. It is recommended all 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 a radon fan in the attic. If you are buying a new home, ask if the home has any RRNC features and if the home has been tested. What is the recommended action based on my results? If the average radon in the home is at or above 4.0 pCi/L, the house should be fixed. Consider fixing the home if radon levels are between 2 pCVL and 3.9 pCUL. 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 recommended action level, carries some risk. Now are radon tests conducted in real estate transactions? Because of the unique nature of real estate transactions, involving multiple parties Radon Tasting and financial interests, there are special protocols for radon testing. Nouse conditions when testing Be aware that any test lasting less than three months —• - -� requires closed-house conditions. Closed-bouse Conditions: Mean keeping all windows and doors closed, except for normal entry and exit. Before Testing: Begin closed-house conditions at least - 12 hours before the start of the radon test. , mill U1 tall 'ort-term Testin eons SequentialDuring Testing: Maintain closed-house conditions I, S�ort-Term Testi during the entire duration of the short term test. Operate home heating or cooling systems Fastest Second fastest Slowest normally during the test. - ---- --- Where the test should be conducted Test is completed by Two short-term test One short-term test is Any radon test conducted for a real estate transaction a certified contractor I kits are used at the performed for a needs to be placed in the lowest livable area of the with a calibrated i same time, placed 6-12 i minimum of 48 hours. home suitable for occupancy. In Minnesota, this is CRM for a minimum inches apart, for a mini. Test kit is sent to typically in the basement, whether it is finished or of 48 hours. mum of 48 hours. lab for analysis. unfinished. Test report is Test kits are Another short-term The test kit should be placed: analyzed to sent to the lab kit is used in the same two to six feet above the floor ensure that it is for analysis. place as the first, at least three feet from exterior walls started right after the four inches awayfrom other objects a valid test. The two test first test is in a location where it won't be disturbed results are averaged taken down. Test not in enclosed areas to get the radon level. is performed for a • not in areas of high heat or humidity j minimum of 48 hours. Test kit is sent to If the house has multiple foundation types, it is recommended that each of these be tested. For the lab for analysis. instance, if the house has one or more of the following The two test foundation types--basement, crawl space, slab-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 crawlspace and one room with a slab-on-grade area. Who should conduct radon testing in real estate transactions? All radon tests should be conducted in accordance with 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 MOH's 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 should be mitigated. \1, Radon Mitigation far .., lowering radon in existing homes — Radon Mitigation When elevated levels of radon are found, they should be mitigated. Elevated radon ` concentrations can be easily reduced by a nationally certified and MDH-listed radon mitigation �A Srafi professional. A list of these radon mitigation professionals can be found at MDH's Radon web site. Radon mitigation is the process or system used to reduce radon concentrations in the breathing zones of occupied buildings. The goal of a radon mitigation system is to reduce renes neretra+e the indoor radon levels to below 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 ._ 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 standards of practice that need to be followed for the installation of these systems. More information on radon mitigation can be found at the MDH t Radon website. After a radon reduction system is installed Perform an independent short-term test to ensure that the reduction system is effective. Make �t war MC6 sure the radon system is operating during the entire test. Once a confirmatory radon test shows low levels of radon in the home, be sure to retest the house every two years to confirm continued radon reduction. railer Contact the MDH Radon Program if you are uncertain about anything MDH Radon Program regarding radon testing or mitigation. 625 Robert St N P.O. Box 64975 The MDH Radon Program can provide: St. Paul, MN 55164-0975 • Information about radon health effects, radon testing and radon mitigation; 16511201-4601 • Names of trained, certified and MDH-listed radon professionals; 1[8001798-9050 Email: health.indoorair@state.mn.us Web: www.health.state.mn.us/radon IRM1e/2013 IC# 141-3722 Jf` AGENCY RELATIONSHIPS IN - --- REAL ESTATE TRANSACTIONS 1. Pagel 2. / MINNESOTA LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with 3. I consumers what type of agency -representation or relationship they desire.') The available options are listed below.This 4. is not a contract. This is a agency disclosure form only. If you desire representation you must enter into a 5. en contract, ac"ng to state law (a listing contract or a buyer/tenant representation contract). Until such time 6. as you c er into a written contract for representation, you will be treated as a customer and will not receive 7. any representation from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see 8. paragraph IV on page two (2)), unless the broker or salesperson is representing another party, as described below. 9. ACKNOWLEDGMENT: I/We acknowledge that Uwe have been presented with the below -described options. 10. I/We understand that until I/we have signed a representation contract, I/we am/are not represented by the 11. broker/salesperson. I/We understand that written consent is required for a dual agency relationship. 12. THIS IS A DISC OS RE ONLY, NOT A CONTRACT FOR REPRESENTATION. 13. (Signature) (D4) (Signature) (Date) 14. I. Seller's/Landlord's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, 15. represents the Seller/Landlord and acts on behalf of the Seller/Landlord. A Seller's/Landlord's broker owes to 16. the Seller/Landlord the fiduciary duties described on page two (2).121 The broker must also disclose to the Buyer 17. material facts as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and 18. significantly affect the Buyer's use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to 19. rental/lease transactions.) If a broker or salesperson working with a Buyer/Tenant as a customer is representing the 20. Seller/Landlord, he or she must act in the Seller's/Landlord's best interest and must tell the Seller/Landlord any 21. information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph 22. IV on page two (2)). In that case, the Buyer/Tenant will not be represented and will not receive advice and counsel V23. from the broker or salesperson. 24 11. Buyer'sffenant's Broker: A Buyerffenant may enter into an agreement for the broker or salesperson to represent and act on behalf of the Buyer/Tenant. The broker may represent the Buyerffenant only, and not the Seller/Landlord, 6. even if he or she is being paid in whole or in part by the Seller/Landlord. A Buyer's/Tenant's broker owes to the 27. Buyer/Tenant the fiduciary duties described on page two (2).(2) The broker must disclose to the Buyer material facts 28as defined in MN Statute 82.68, Subd. 3, of which the broker is aware that could adversely and significantly affect 29. the Buyer's use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to rentaVlease transactions.) 30. If a broker or salesperson working with a Seller/Landlord as a customer is representing the Buyerffenant, he or 1. she must act in the Buyer's/Tenant's best interest and must tell the Buyerffenant any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph IV on page two (2)). In 3 that case, the Seller/Landlord will not be represented and will not receive advice and counsel from the broker 34. salesperson. 35. III. Dual Agency - Broker Representing both Seller/Landlord and Buyerffenant: Dual agency occurs when one 36. broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same 37. broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and 38. means that the broker and salesperson owe the same duties to the Seller/Landlord and the Buyer/Tenant. This 39. role limits the level of representation the broker and salesperson can provide, and prohibits them from acting 40. exclusively for either party. In a dual agency, confidential information about price, terms and motivation for pursuing 41. a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose 42. specific information about him or her. Other information will be shared. Dual agents may not advocate for one party 43. to the detriment of the other.0) 44. Within the limitations described above, dual agents owe to both Seller/Landlord and BuyerfTenant the fiduciary 45. duties described below. (2) Dual agents must disclose to Buyers material facts as defined in MN Statute 82.68, Subd. 46. 3, of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the 47. property. (MN Statute 82.68, Subd. 3 does not apply to rental/lease transactions.) 48. I have had the opportunity to review the "Notice Regarding Predatory Offender Information" on (initial) (initial) 49. page two. (2) MN:AGMICS-1 (8/14) AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS 50. Page 2 51. IV. Facilitator: A broker or salesperson who performs services for a BuyerfTenant, a Seller/Landlord or both but 52. does not represent either in a fiduciary capacity as a Buyer'slTenant's Broker, Seller's/Landlord's Broker or Dual 53. Agent. THE FACILITATOR BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OFTHE FIDUCIARY 54. DUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A 55. WRITTEN FACILITATOR SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of 56. confidentiality to the party but owes no other duty to the party except those duties required by law or contained in 57. a written facilitator services agreement, if any. In the event a facilitator broker or salesperson working with a Buyer/ 58. Tenant shows a property listed by the facilitator broker or salesperson, then the facilitator broker or salesperson 59. must act as a Seller's/Landlord's Broker (see paragraph I on page one (1)). In the event a facilitator broker or 60. salesperson, working with a Seller/Landlord, accepts a showing of the property by a Buyer/Tenant being represented 61. by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Buyer's/Tenant's 62. Broker (see paragraph III on page one (1)). 63. (') This disclosure is required by law in any transaction involving property occupied or intended to be occupied by 64. one to four families as their residence. 65. (2) The fiduciary duties mentioned above are listed below and have the following meanings: 66. Lo al - broker/salesperson will act only in client(s)' best interest. 67. Obedience - broker/salesperson will carry out all client(s)' lawful instructions. 68. Disclosure - broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge 69. which might reasonably affect the client(s)' use and enjoyment of the property. 70. Confidentiality - broker/salesperson will keep client(s)' confidences unless required by law to disclose specific 71. information (such as disclosure of material facts to Buyers). 72. Reasonable Care - broker/salesperson will use reasonable care in performing duties as an agent. 73. Accountino - broker/salesperson will account to client(s) for all client(s)' money and property received as agent. 74. (3) If Seller(s)/Landlord(s) elect(s) not to agree to a dual agency relationship, Seller(s)/Landlord(s) may give up the 75. opportunity to sell/lease the property to Buyer(s)/Tenant(s) represented by the broker/salesperson. If Buyer(s)/ 76. Tenant(s) elect(s) not to agree to a dual agency relationship, Buyer(s)/Tenant(s) may give up the opportunity to 77. purchase/lease properties listed by the broker. 78. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 79. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be 80. obtained by contacting the local law enforcement offices in the community where the property is located, 81. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections Web site at 82. www.corr.state.mn.us. MN:AGCYDISC-2 (8/14) BUYER RE 58EALTO CONTRACT: E This form approved by the Min eS®, which disclaims any liability -is form. C 2013 Minnesota Associa ion of REALTORS", Edina, MN 1. Date 6/18/2015 2. Page 1 of a pages 3. DEFINITIONS: Buyer is City of New Hope (`Buyer") 4. Broker is Hawk Realty Company (`Broker") (Real Estate Company Name) 5. Buyer gives Broker the nonexclusive right to locate and/or to assist in negotiations for the purchase, exchange 6. of or option to purchase ("Purchase") property at a price and with terms acceptable to Buyer. This Contract starts on 7. June 18 20 15 and ends at 11:59 p.m. on June 18 20 16 8. This Contract may only be canceled by written mutual agreement of the parties.13n'�,y �' 0.� v� �''y o 9. Nonexclusive representation means that Buyer has the right to contract with other brokers fbr represen�atlon 10. in the Purchase of property during the term of this Contract. 11. BROKER'S OBLIGATION: Broker shall make a reasonable effort to locate property acceptable to Buyer. Broker 12. shall use professional knowledge and skills to assist in negotiations for the Purchase of property. Broker shall 13. assist Buyer throughout the transaction. Broker shall act in Buyer's best interest at all times, subject to any limitations 14. imposed by law or dual agency. Broker shall comply with all applicable fair housing and nondiscrimination regulations. 15. BUYER'S OBLIGATION: Buyer shall work with Broker for the Purchase of property. Buyer shall promptly furnish to 16. Broker accurate and relevant personal financial information to ascertain Buyer's ability to Purchase property, if 17. requested. Buyer shall cooperate with Broker in finding a property to Purchase. After a purchase agreement has 18. been accepted by seller, Buyer is legally obligated to Purchase the property. If Buyer refuses to close the Purchase 19. for any reason other than the failure of seller to perform, subject to relevant contingencies, Buyer shall pay Broker 20. all compensation due under this Contract. 21. NOTICE: THE COMPENSATION FOR THE PURCHASE, LEASE, RENTAL OR MANAGEMENT OF REAL 22. PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND THE 23. BROKER'S CLIENT. 24. BROKER'S COMPENSATION: (Fill in all blanks.) 25. If Buyer, or any other person acting on Buyer's behalf, agrees to Purchase any property during the term of this 26. Contract, the following compensation will apply. 27. 1. Buyer agrees to pay Broker a retainer fee of $ 0.00 at the commencement of this Contract, 28. which fee shall be kept by Broker whether or not Buyer Purchases property. The retainer fee shall apply toward 29. satisfaction of any obligation to compensate Broker. 30. 2. Buyer shall pay Broker, as Broker's compensation, o percent (%) of the selling price or 31. $ 0.00 , whichever is greater, when Buyer closes the Purchase, if: 32. A: Buyer Purchases or agrees to Purchase a property before the expiration of this Contract, with the assistance 33. of the Broker or licensee representing or assisting Buyer; or 34. B: within o days (not to exceed six (6) months) after the expiration of this Contract, Buyer 35. Purchases property which either Broker or licensee representing or assisting Buyer has physically shown 36. Buyer or in which Buyer has made an affirmative showing of interest to Broker or licensee representing or 37. assisting Buyer before the expiration of this Contract, as long as Broker has identified this property on a 38. written list Broker gives to Buyer within 72 hours after the expiration of this Contract. 39. Broker is authorized to negotiate and receive compensation paid by seller, or broker representing or assisting seller, 40. if Broker informs Buyer in writing before Buyer signs an offer to Purchase the property. Any compensation accepted 41. by Broker from seller, or broker representing or assisting seller, reduce any obligation of -----------------(Check one.)---I� ���� . 42. Buyer to pay the compensation by the amount received by seller or broker. q 43. Buyer understands that Buyer does not have to pay Broker's compensation if Buyer signs another valid buyer 44. representation contract or facilitator services agreement after the expiration or cancellation of this Agreement, under 45. which Buyer is obligated to compensate another licensed real estate broker. MN:BRC:N-1 (8/13) BUYER REPRESENTATION CONTRACT: NONEXCLUSIVE 46. Page 2 47. CAUTION: BUYER'S ACTIONS IN LOCATING A PROPERTY MAY AFFECT PAYMENT OF COMPENSATION 48, BY SELLER(S) AND MAY THEREFORE OBLIGATE BUYER TO PAY ALL OR PART OF THE 49. COMPENSATION IN CASH AT CLOSING. FOR EXAMPLE: THE ACT OF GOING THROUGH AN 50. OPEN HOUSE UNACCOMPANIED BY BUYER'S BROKER OR LICENSEE REPRESENTING OR 51. ASSISTING BUYER OR SIGNING A PURCHASE AGREEMENT THROUGH ANOTHER BROKER 52. OR WITH OWNER (FOR SALE BY OWNER) MAY REQUIRE BUYER'S PAYMENT OF THE FULL 53. COMPENSATION TO BUYER'S BROKER. 54. GENERAL NATURE OF PROPERTY: (Including the following property types: existing, new construction or to -be -built.) 55. (Check all that apply.) 56. 0 Commercial/Industrial ❑ Farm ❑ Recreation 57. ® Residential/Investment ❑ Residential/Personal 0 Vacant Land 58. CLOSING SERVICES: 59. NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING OR ASSISTING BUYER OR REAL ESTATE 60. CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE LAW, MAY NOT EXPRESS 61. OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF THE CLOSING 62. ITSELF. 63. After a purchase agreement for the property is signed, arrangements must be made to close the transaction. Buyer 64. understands that no one can require Buyer to use a particular person in connection with a real estate closing and that 65. Buyer may arrange for a qualified closing agent or Buyer's attorney to conduct the closing. 66. Buyer's choice for closing services. (Initial one.) 67. Buyer wishes to have Broker arrange for the closing. (NYer) (Buyer) 68. Buyer shall arrange for a qualified closing agent or Buyer's attorney to conduct the closing. (Buyer) (Buyer) 69. ADDITIONAL COSTS: Buyer acknowledges that Buyer may be required to pay certain closing costs, which may 70. effectively increase the cash outlay at closing. 71. PRIVATE INSPECTION/WARRANTY: Broker recommends that Buyer obtain a private home inspection to satisfy 72. himself/herself with the physical condition of the property. Furthermore, there are warranty programs available for 73. some properties which warrant the performance of certain components of a property, which warranty programs 74. Buyer may wish to investigate prior to the Purchase of any specific property. 75. AGENCY REPRESENTATION: If the Buyer chooses to Purchase a property listed by Broker, a dual agency will be 76. created. This means that Broker will represent both the Buyer and the seller, and owe the same duties to the seller the 77. Broker owes to the Buyer. This conflict of interest will prohibit Broker from advocating exclusively on the Buyer's behalf. 78. Dual agency will limit the level of representation Broker can provide. If a dual agency should arise, the Buyer will need 79. to agree that confidential information about price, terms and motivation will still be kept confidential unless the Buyer 80. instructs Broker in writing to disclose specific information about the Buyer. All other information will be shared. Broker 81. cannot act as a dual agent unless both the Buyer and the seller agree to it. By agreeing to a possible dual agency, the 82. Buyer will be giving up the right to exclusive representation an in-house transaction. However, if the Buyer should 83. decide not to agree to a possible dual agency, and the Buyer wants Broker to represent the Buyer, the Buyer may give 84. up the opportunity to Purchase the properties listed by Broker. 85. Buyer's Instructions to Broker: 86. Having read and understood this information about dual agency, Buyer now instructs Broker as follows: 87. ❑ Buyer will agree to a dual agency representation and will consider properties listed by Broker. 88. FK_1 Buyer will not agree to a dual agency representation and will not consider properties listed by Broker 89. ReE 90. 91. By: 92. Anthony Hawk 1viim.onu.1,4-e ko/ IJJ Date: BUYER REPRESENTATION CONTRACT: NONEXCLUSIVE 93. Page 3 94. OTHER POTENTIAL BUYERS: Buyer understands that other potential buyers may consider and/or make offers to 95. purchase through Broker the same or similar properties as Buyer is seeking to Purchase. Buyer consents to Broker 96. representing such other potential buyers before, during and after the expiration of this Contract. 97. PREVIOUS AGENCY RELATIONSHIPS: Broker or licensee representing or assisting Buyer may have had a 98. previous agency relationship with a seller of a property Buyer is interested in Purchasing. Buyer acknowledges that 99. Buyer's Broker or licensee representing or assisting Buyer is legally required to keep information regarding the 100. ultimate price and terms the seller would accept and the motivation for selling confidential, if known. 101. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 102. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 may 103. be obtained by contacting the local law enforcement offices in the community where the property is located 104. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 105. www.corr.state.mn.us. 106. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 107. transaction constitute valid, binding signatures. 108. CONSENT FOR COMMUNICATION: Buyer authorizes Broker and its representatives to contact Buyer by mail, phone, 109. fax, e-mail or other means of communication during the term of this Contract and any time thereafter. 110. OTHER: 111 112. 113. ACCEPTED BY: Hawk Realty Company (Real Estate Company Name) 114. BY: (Licensee) thou 7k (Date) 115. ACCEPTED BY: ACCEPTED BY: (Buyer) 116. ` (Date) (Date) 117. (Address) 118. (Phone) 119. (E-mail Address) (Address) (Phone) (E-mail Address) (Buyer) 120. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER AND BROKER. 121. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:BRC:N-3 (8/13) /mit Payee: 117833 PROPERTY ADVISORS REALTY Supplier Invoice No Date Remark 6162015 6/16/2015 Check No. - 161427 Check Date - 6/17/2015 PO 161427 Stub 1 of 1 Amount 6,760.00 6,760.00 PLEASE DETACH BEFORE DEPOSITING 1 [3 11616111AIVIII sall-W-volej 101:14 slulloixeMaIllelloxelz RYN; I k *618111&14 g kmo FT -1--m-'11.111410131 :1 OLTAFAME Hall paleallelas CITY OF NEW HOPE WELLS FARGO BANK 161427 1 11 NEW HOPE, MINN. 55428 910 4401 Xylon Avenue No. New Hope, Minnesota 55428 VOID AFTER 90 DAYS NUMBER 00161427 DATE 6/17/2015 AMOUNT $*****6,760.00 PAY SIX THOUSAND SEVEN HUNDRED SIXTY AND TOTHE . PROPERTY ADVISORS REALTY ORDER . 1589 HWY 7 STE 200 OF HOPKINS MN 55305 'in IG I4 2 7`0 1:09 10000 191:80 21 134 1 1 20 CONTRACT FOR REMOVAL OF RETAINING WALL AT 4315 NEVADA AVE. N. AND SITE GRADING AT 4415 NEVADA AVE. N. WITH ECONOMIC DEVELOPMENT AUTHORITY, IN AND FOR THE CITY OF NEW HOPE For valuable consideration as set forth below, this Contract dated the I Q day of November, 2015, is made and entered into between the Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota, ("EDA") and Nitti Rolloff Services Inc, a Minnesota corporation ("Contractor"). CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract pursuant to the grading plan and specifications attached hereto as Exhibit A for the removal of the retaining wall located at 4315 Nevada Ave. N. and re -grading of the residential property located at 4415 Nevada Ave. N., New Hope, Minnesota. The properties located at 4315 Nevada Ave. N. and 4415 Nevada Ave. N., New Hope, are sometimes hereinafter jointly referred to as the "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 Exhibit A as removal of the retaining wall at 4315 Nevada Ave. N. and re -grading of the property at 4415 Nevada Ave. N. As part of the Work, Contractor agrees to remove all excess material from the Property. CONTRACT PRICE The EDA agrees to pay Contractor the sum of $8,334 in exchange for Contractor furnishing all necessary 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 November 30, 2015 ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the EDA 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 —1— shall remain uncompleted beyond the Completion Date of November 30, 2015, Contractor shall pay the EDA $50.00 per day as liquidated damages. INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the EDA and obtain the EDA'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 EDA and the City of New Hope shall be named as an Additional Insureds in regard to the General Contractor Liability forms where required by written contract on a primary and non- contributory 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 EDA and 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 EDA and 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 EDA, City or any employee, agent, independent contractor or any other person or entity retained by the EDA or 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 EDA and City, their 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 —2— 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 ofwhether or not it is caused in part by a party indemnified hereunder. 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 EDA. 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 EDA 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. The Economic Development Authority, In and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota\ By: Kirk McDonald Its Executive Director Nitti Rolloff S ices Inc By: ony Nitt' Its President —3— Exhibit A Grading Plan and Specifications See attached P:\Attorney\SAS\l Client riles\2 City of New Hope\99-1 1375 (purchase of 6059 W Broadway)\Demolition Contract 4-21-15.doc —4— 4419 >�Pw,vu ,e<nPi � S ----- � ° / ml Y � /� � � •�°�°.«„P ,,,�„ I _E; I I rorwaeoaRow SDD / I I I > i I HYDROMULI 4415 it 3 l I a i I i°«a i IM wx.l i ps Y I I a ii y n m I I Pnohn P' .s II II i i g l a n I ` mP SMrExc 4315------ ----- $' (jilt u.ovE u„oK �r � m 4 I n �w.�uRow.wi"s.awv,R u°s«,°1 Prn,.�o wsP,uo i) a�siou qu o n� oMDa —1 P,oPEa.�: w„x. nl rsr vxf°r°Ps°LL o ,�unPv'n Pm�mi' n n.o wc°�w°e��wur�c,m n..Euu u a c ;5 ;F 0 o z w i < v w a a < 0 a 3�z z” C3.01 ACCDOREP� CERTIFICATE OF LIABILITY INSURANCE 8/26/201` 5"' 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. IMPnRTAKIT• If tho rcrtifirnfo hnlrinr is nn AnnITInKIAI IAICIIRFn_ the nnlirldicel mncf ho onr4--1 If sl IRanaATlnAI IC WA I1/;: _n cnhicrf to .I..r ..., r ....... .. .......... ........... r...r....r ....,..........r r r..,..-.� rr...,..r.� , .r r.......��....,, ....,....,....r r............ .. \...........r. r ..... ... ...-.r. r. ..�..\..... 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 CONTACT Darlene Blossom NAME: PHONEO. E,, (651) 644-7200 A/C No: (651)644-9137 Lee F. Murphy Insurance Group 2361 Highway 36 West a DRESS:dblossom@leefmurphy.com INSURERS AFFORDING COVERAGE NAIC # INJUKtKA X+ 4l 1ILQU1p11liC ea 1"11:J INSURED INSURERSXidwest Employers Cas. Co./TBG 23612 INSURERC: Nitti Rolloff Services, Inc. PO BOX 490726 INSURERD: INSURER E: /1/2016 INSURER F: Blaine MN 55449 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. NOTWITHSTANDING 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. INSt T TYPE OF INSURANCEADDLISUBRI POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS L LIABILITY _�_t EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000A.CI MMERCIAL GENE(RAL�LIABILITY AIMS1v1A1)F FYI I nCCI1R D68780 /1/2015 /1/2016 MFn FXP (Anv n . rwrsnnl A 5 , 000 PERSONAL 8 ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER- PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY [-X-] PRO-jECT [7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,0001 BODILY INJURY (Per person) $ A X ANY AUTO ni I n_\MlFn �1 c_NF_n_I a Gn .�covon i, inn, c i, inn, c _ __.........._..._ .. .. _ 1IWILY INJURY (Per acctUent) $ AUTOS �.. ZU 6F_ _ ov i " "" NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1 A EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,00 $ rJ68780 /1/2015 /1/2016 B WORKERS COMPENSATION v crvi�L�Ycn� L i+oii.iTi Y I N WC STAT I- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N / A 8-EWC009074/0001334 /1/2015 /1/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 Ifyes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS below ACG rDIDT,nI, n nDCD�TIn� J / .\r `UIV`CG /I\N....I. nrnDn ill, I D -...a.4. 1 �.a� r r yr yr v �r Iry , u�vr.rrvr..a, r.a \n uo\.Ir �vvr,v r , uuluul lal cur r > wrrcuu , urulc allo�c r> icyu rc�, 4tK IJrlt;A It MULL)tK CANCELLATION 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 James Enge/DMB P� - ` — AI,UKU Z8 (ZU1 U/U6) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 omrXKi m Thu Ar r)Pn nnmo nnrl Inn^ arc ronictorurl mnr{re of ARnRn EDA IN AND FOR THE CITY OF NEW HOPE CONTRACT FOR THE INSTALLATION AND REPAIR OF SEWER AND WATER SERVICES AT 4415 NEVADA AVE. N. AND 6065 LOUISIANA AVE. N. For valuable consideration as set forth below, this Contract dated the � day of April, 2016, is made and entered into between the Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota ("EDA") and Ouverson Sewer & Water, Inc., a Minnesota corporation ("Contractor"). 1. CONTRACT DOCUMENTS Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the work specified on the combined proposals dated November 25, 2015, prepared by Contractor attached hereto as Exhibit A which together constitute a single bid (jointly referred to as the "Proposal") for the installation and repair of sewer and water services of the residential properties located at 4415 Nevada Ave. N. and 6065 Louisiana Ave. N., New Hope, Minnesota, (collectively referred to as the "Properties"). The Contract including Proposal found 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 (the "Work"), is defined in the Proposal as the installation and repair of sewer and water services located on the Properties. As part of the Work, Contractor agrees to remove all excess material from the Properties. 3. CONTRACT PRICE The EDA agrees to pay Contractor the sum of $17,750 in exchange for Contractor furnishing labor and materials for the Work at the Properties, 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 May 31, 2016 ("Completion Date"). Due to the difficulty in ascertaining and establishing the actual damages which the EDA or 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 May 31, 2016, Contractor shall pay the EDA $50.00 per day as liquidated damages. —1— 5. INSURANCE Before beginning actual work under this Contract, Contractor shall submit to the EDA and obtain the EDA'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 Contractor as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Workman's Compensation: Statutory Amounts The EDA and the City shall be named as an Additional Insureds in regard to the General Contractor Liability forms where required by written contract on a primary and non-contributory 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 EDA of intent to cancel. The certificate must further provide that Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the EDA 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, EDA or any employee, agent, independent contractor or any other person or entity retained by the City or EDA 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, EDA, their 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 EDA. 9. NOTICE The address and telephone number of Contractor forpurposes of giving notices and any other purpose under this Contract shall be 225 St. John Street, PO Box 247, Loretto, MN 55357 The address of the EDA 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. ECONOMIC DEVELOPMENT AUTHORITY IN AND FORq.Hk CITY OF NEW HIOPE : B 'AN Y Kirk McDonald Its: Executive Director OUVERSON S WER & WATER—INC. By: Its: President —3— Exhibit A Proposal See attached. P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-11391 Purchase of 6065 Louisiana Ave. N. by EDA\4415 6065 Sewer and Water Contract with Ouverson.doc —4— *QV�,�1TY SEgy/ifs p Ouverson Sewer O{ Water, Inti r Ow' n PO Box 247 Loretto, MN 55357 Submitted To City of New Hope Aaron Chirpich 4401 Xylon Ave N New Hope, MN 55428 Jobsite Address 6065 Louisiana Ave N New Hope Proposal Date Estimate # 11/25/2015 2211 Description Total NORTHERN HALF OF LOT- 5,150.00 Install new curb box and curb stop per city specs Install new 4" SCH 40 PVC Sewer from main to ROW per city specs All labor, excavation, backfill, compaction, and blacktop/curb patch included City permits SOUTHERN HALF OF LOT- 5,750.00 Install new water service from city main to ROW per city specs Install new 4" SCH 40 PVC Sewer from main to ROW per city specs All labor, excavation, backfill, compaction, and blacktop/curb patch included City permits Signature and date Please sign, date, and return. We accept all major credit cards. Payment due on Total $10900.00 completion. Phone # 6127516888 Fax # (763) 478-9589 TROYO@LINEMYSEWER.... www.LineMySewer.com OVpl11Y $FJ{V/RFs. ti Ouverson Sewer & Water, Inc PO Box 247 Ovvemlll Loretto, MN 55357 Submitted To City of New Hope Aaron Chirpich 4401 Xylon Ave N New Hope, MN 55428 Jobsite Address 4415 Nevada Ave N New Hope Proposal Date Estimate # 11/25/2015 2212 Description Total NORTHERN HALF OF LOT- 4,150.00 Install new water service from city main to ROW per city specs Install new 4" SCH 40 PVC Sewer from main to ROW per city specs All labor, excavation, backfill, compaction, and blacktop/curb patch included City permits SOUTHERN HALF OF LOT- 2,700.00 Install new curb box and curb stop per city specs Install CIPP lining from disconnect to city main per specs, approx 15ft (falls under 25ft minimum charge) All labor, excavation, backfill, compaction, and blacktop/curb patch included City permits Signature and date Please sign, date, and return. We accept all major credit cards. Payment due on Total $6,850.00 completion. Phone # 6127516888 Fax # (763) 478-9589 TROYO@LINEMYSEWER.... www.LineMySewer.com A� V CERTIFICATE OF LIABILITY INSURANCE DATE(NMIDDNYVV) 3/24/2016 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 terns 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 American Agency, Inc. 5851 Cedar Lake Road P 0 BOX 16527 Minneapolis MN 55416 CCONT CT Thom Agency Rep PHONE (952)545-1230F� Ne: (952)593-6733 ADDRESS: thomoamericanagencyaln. con INSURER(S) AFFORDING COVERAGE NAICN INSURER A:Re ent Insurance Company 24449 INSURED Quverson Sever & Water Inc PO Box 247 Loretto MN 55357 INSURERB:General Casualty Co of WI 24414 INSURER C: INSURER D; INSURER E: 1 INSURER F: COVERAGES CERTIFICATENUMBER:16-17 Master Certificate 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. NOTWITHSTANDING 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. ILTRR TYPE OF INSURANCE ADDL S POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCUR PREMISES Ea rence E 100,000 EXP (Any one person) $ 5,000 XCX0560742 4/1/2016 4/1/2017 -MED PERSONAL &ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 PRODUCTS • COMP/OP AGG $ 2,000,000 X POLICY ❑ JE O, 7] LOC $ OTHER: AUTOMOBILE LIABILITYBIN IN LIMI S 1,000,000 Ea accident BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS OS XRA0560143 4/1/2016 4/1/2017 BODILY INJURY (Per accident) $ RTY PROPEDAMAGE $ (Per adent NON -OWNED O WNED HIRED AUTOS AUTOS L Uninsured motorist 81 -single $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 3,000,000 AGGREGATE $ 3,000,000 B EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10,000 $ XCU0560742 4/1/2016 4/1/2017 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVEF----) OFFICERIMEMBER EXCLUDED? ❑N (Mandatory in NH) NIA XWC0643152 4/1/2016 4/1/2017 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000. E.L. DISEASE. EA EMPLOYEE S 1,000,000 E.L. DISEASE - POLICY LIMIT S 1 000,000 K es, deacrlbe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Rsrnarlts Schedule, may be attached N more space Is required) City of New Hope 4401 Xylon Avenue North 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 even Menefee/TDC "-<4-� 0 1988-20'14 ACORD CORPORATION. All rights reserve) ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INSn25 ontantt Planning CITY OF NEW HOPE APPLICATION FOR ADMINISTRATIVE LOT CONSOLIDATION/MINOR SUBDIVISION REVIEW DATE: 4-4-16 PROPERTY ADDRESS: 4415 Nevada Avenue North APPLICANT: Economic Development Authority in and for the City of New Hope PHONE: 763-531-5114 APPLICANT ADDRESS: 4401 Xylon Avenue North, New Hope MN, 55428 PROPERTY OWNER: "Same as Applicant" PHONE: "Same as Applicant" EXISTING LEGAL DESCIRPTION: The East 130.0 feet of Lots 26 and 27, Auditors Subdivision No.324 Hennepin County, Minnesota PROPOSED LEGAL DESCRIPTION PARCEL A: The East 130 feet of lots 26 & 27, Auditor's Subdivision No. 324, Hennepin County, Minnesota lying North of the South 65.00 feet of said Lot 26. PROPOSED LEGAL DESCRIPTION PARCEL B: The South 65.00 feet of the East 130 feet of Lot 26, Auditor's Subdivision No. 324, Hennepin County, Minnesota. EXISTING LOT AREA: 16,879 sq. ft. PROPOSED LOT AREA PARCEL A: 8,429 sq. ft. PROPOSED LOT AREA PARCEL B: 8,450 sq. ft. SURVEYOR: The Gregory Group, Inc. d.b.a. Lot Surveys Company DESCRIPTION OF REQUEST: The EDA would like to split the property into two parcels as depicted on the attached certificate of survey. ZONING DISTRICT: R-1 Single Family Residential The undersigned hereby claims under all of the penalties of the law that the proposed changes herein violate no city ordinance or state law, that all statements are true, and that all work will be done in accordance with the State Building Code and city ordinances. SIGNATURE: PRINTED NAME: Kirk McDonald, EDA Executive Director 1/2005 nlanninnlwimin Int cnlit annl (OVER) City Staff Use $200 FEE RECEIVED: Waived by Staff DATE RECEIVED: 4-4-16 FILING COMPLETE: 4-4-16 CITY MANAGER APPROVAL: DATE: 4-4-16 Kirk McDonald STAFF CONDITIONS: The proposed subdivision requires variances for reduced lot widths and reduced lot areas. The applicant has requested the necessary variances and the case was reviewed by the Planning Commission on 3-2-16. The Planning Commission recommended approval of the variances and the City Council formally approved both variances on 4-28-16. The resolution approving the variances is attached. Referred to Planning Commission on: 3-2-16 By: Staff Referred to: City Manager Director of Community Development Property File RESOLUTION NO. 2016- 55 RESOLUTION APPROVING VARIANCES TO MINIMUM LOT SIZE REQUIREMENTS AND LOT SUBDIVISION — 4415 NEVADA AVENUE NORTH (New Hope Planning Case 16-03) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, the Economic Development Authority in and for the City of New Hope ("EDA") purchased that certain real property located at 4415 Nevada Avenue North, New Hope, and legally described as the "East 130 feet of Lots 26 and 27, Auditor's Subdivision No. 324, Hennepin County, Minnesota" (the "Property") with the intentions of redeveloping the Property; and WHEREAS, City staff intends to redevelop the Property in accordance with the City's scattered site housing program and policy by removing all of the structures on the Property and subdividing the Property into two single-family parcels, and returning the Property to the tax rolls for the benefit of all taxing jurisdictions; and WHEREAS, the Property is currently zoned R-1 Single -Family Residential District; and WHEREAS, EDA has petitioned the City as part of New Hope Planning Case 16-03 for variances relating to lot width reduction and lot area reduction and subdivision approval to successfully subdivide the Property into two separate parcels; and WHEREAS, pursuant to New Hope Code §4-36, variances may be granted when they are in harmony with the general purpose and intent of the zoning code, they are consistent with the comprehensive plan and the applicant for the variance establishes there are practical difficulties in complying with the City's zoning code; and WHEREAS, Planning Case Report dated February 26, 2016 identifies how the above standards have all been met, and is incorporated herein; and WHEREAS, the Planning Commission held a public hearing and considered the matter at its meeting on March 2, 2016; and WHEREAS, the Planning Commission, after a complete review of the issues involved, recommended the City Council approve the request with conditions; and WHEREAS, the City Council has considered Planning Case 16-03 for the requests at its meeting of March 28, 2016. —1— NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the EDA's request for variances to the minimum lot width and lot area size requirements ofNew Hope Code §4-5(f)(1) and lot subdivision submitted as Planning Case 16-03 is hereby approved subject to the following conditions: 1. The lot areas and lot widths depicted on the submitted certificate of survey are approved. 2. Upon completion of the minor subdivision, the EDA shall pay park dedication fees totaling $1,500. Dated the 28h day of March, 2016. KatAi Hemken, Mayor Attest: Valerie Leone, City Clerk r :\Attorney\SAS\1 Client Files\2 City of New Hope\99-11369 - 44 1 5 Nevada Ave. N\Resolution approving lot subdivision and variances to minimum lot size requirement.doc —2— The Gregory Group, Inc. d.b.a. LOT SURVEYS COMPANY Established in 1962 LANDSURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 7601 73rd Avcmre North (763) $60-3093 Minoapolia, MI 53428 I No. 5613522 §uruPvars (gertifiratr Bazin for Minor Subdivision For: ''`Perk' located in Section bearings is 17, Township 118, Range 21, assumed CITY OF NEW HOPE Hennepin County, Minnesota INVOICE NO. 84641 F.B.NO. 1085-20 SCALE: 1" = 20' • Denotes Found Iron Monument O Denotes Iron Monumant O Denotes Wood Hub Sel for excavation only Denotes Existing Contours \moi Denotes Proposed Contours x000.0 Denotes Existing Elevation 000.0 Denotes Proposed Elevation Denotes Surface Drainage Property Address: 4415 Nevada Avenue North 7 i n New Hope, MN tot, ' V i North line of Lot 26 Proposed DramaA� ¢ I ----' No. 44/9 896.7 r m I � IyyyI Utility Easement I /_L 1 34.0 Bgb �� i4 _ _ _ Ogb� 5 A h'lo gg5' F n 8g0 0g5 ,° srllov' a k'rn Cox. I ,� gy eg6D - D v EAST 13000---/ a0g57 --� Ogg 3 / r h `o s— / \ 7 ----- — I ----------- —------------------------------ ----------------- --- ---------- cliA O.p _________ _____ __________ I I _ I / h 896.3 I !n 10 Ea S 89°55'14" E_ 130.00 --'/ M to i ( t\r� 7 CD q i IHl l0 .695.6 f J / t 895.8 I 1 I IPCDGGQZ'_________ _______ Lam. 89i- __rJ 1 I East of lrx T\_________�____ 1 Bg69"896.0 "896.5 „ N 89'5514" W 130.00 •a%6/ m g71 � i f) 1 /� g 0g5• / 0g6 9 t 25.5 2 -5 -D4,1 - Proposed Easement Descriptions: Parcel A: Easement for utility and drainage purposes over, under and across the North, South and West 5.0 feet and the East 10 feet of the East 130 feet of Lots 26 and 27 Auditor's Subdivision No. 324, Hennepin County, Minnesota, lying North ofthe South 65.00 feet of said Lot 26. Pareel B. Easement for utility and drainage purposes over, under and across the North, South, and West 5.0 feet and the East 10 foot of the South 65.00 foot of the East 130 feet of Lot 26, Auditor's Subdivision No. 324, Hennepin County, Minnesota. The only easements shown are from plats of record or information provided by client certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duty Licensed land Surveyor under the laws of the State of Minnesota Surveyed this 7th day of December 2015. No. 43/5 ,I I., ftr//,J{II 895.9 No. 430/ Existing Legal Description: The East 130.0 feet of Lots 26 and 27, Auditors Subdivision No. 324 Hennepin County, Minnesota Proposed Legal Descriptions: Parcel A (area = 8,429 sq it) The East 130 feet of Lots 26 & 27, Auditor's Subdivision No. 324, Hennepin County, Minnesota, lying North of the South 65.00 feet of said Lot 26. Parcel B (area — 8,450) The South 65.00 feet of the East 130 feet of Lot 26, Auditor's Subdivision No. 324, Hennepin County, Minnesota. signed 9___ Mires. Reg. No. 24992 - j Z Q j M.H. Top Pm 894.42 lnv a/ee 667.74 i North line of Lot 26 Proposed DramaA� ¢ I ----' m I � IyyyI Utility Easement I /_L 896.1 _ _ _ _I—_---_ _ _ _ _ —__ _ _ __ f�,996. __--__\ r _ _ _ r 51\I to l . 7 m cliA i t_�c_________ _________ _____ __________ N I / h 896.3 .896.5 Ea S 89°55'14" E_ 130.00 --'/ M to i T ------------------- ___________ _____ .7.�___ I CD T North hn of the South 65' of 1st 26 I 1 r t 'I' i <_ �. 1 I fV f z I q V I G 897.2 \I 1 !O LL O Og7 \\ I .1996.7 I I I r %896.7 I Pole 51 l It I �b 0 / 696.4 1 I IPCDGGQZ'_________ _______ Lam. 89i- __rJ 1 I East of lrx T\_________�____ 1 Bg69"896.0 "896.5 „ N 89'5514" W 130.00 •a%6/ m g71 � i f) 1 /� g 0g5• / 0g6 9 t 25.5 2 -5 -D4,1 - Proposed Easement Descriptions: Parcel A: Easement for utility and drainage purposes over, under and across the North, South and West 5.0 feet and the East 10 feet of the East 130 feet of Lots 26 and 27 Auditor's Subdivision No. 324, Hennepin County, Minnesota, lying North ofthe South 65.00 feet of said Lot 26. Pareel B. Easement for utility and drainage purposes over, under and across the North, South, and West 5.0 feet and the East 10 foot of the South 65.00 foot of the East 130 feet of Lot 26, Auditor's Subdivision No. 324, Hennepin County, Minnesota. The only easements shown are from plats of record or information provided by client certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duty Licensed land Surveyor under the laws of the State of Minnesota Surveyed this 7th day of December 2015. No. 43/5 ,I I., ftr//,J{II 895.9 No. 430/ Existing Legal Description: The East 130.0 feet of Lots 26 and 27, Auditors Subdivision No. 324 Hennepin County, Minnesota Proposed Legal Descriptions: Parcel A (area = 8,429 sq it) The East 130 feet of Lots 26 & 27, Auditor's Subdivision No. 324, Hennepin County, Minnesota, lying North of the South 65.00 feet of said Lot 26. Parcel B (area — 8,450) The South 65.00 feet of the East 130 feet of Lot 26, Auditor's Subdivision No. 324, Hennepin County, Minnesota. signed 9___ Mires. Reg. No. 24992 - j Z Q j M.H. Top Pm 894.42 lnv a/ee 667.74 MINNESOTA DEPARTMENT OF HEALTH Minnesota Welland Boringn WELL OR BORING LOCATION WELL AND BORING SEALING RECORD Sealing No. ' H L County Name Minnesota Unique Well No. enn#n Minnesota Statutes, Chapter 1031 orWq.*„ es No. — flep Township Name Township No Range No. Section No Fraction ism -► Ig I Dale Sealed Date Well or Boring Constructed New Hop 118 21 17 1 -Oal 9 . , 62 Numerical Street Address or Fire Number andel City of Well or Boring Location / OF 4415 Nevada Ave gv g New Trope Depth Before Sealing !tel 3 h. Original Depth ids ft Show exact location of well or boring Sketch map of well or t}oi AOUIFER(S) in section grid with 'X" location, showing pr � Single Aquifer ❑ Multiagwfer lines, roads. and builds gs N �W.EELL/BORING ,. �p Water Supply Well ❑ Mond Well W 1 i f Ye miAli 3 S A ( PNAME Agnes QOPERTYWMora Property owner's mailing address it different than well location address indicated above. City of New Hage 4401 Xplon Ave P Neu, Hope, MN 55428 WELL OWNER'S NAME Well owner's mailing address it different than property owner's address indicated above GEOLOGICAL MATERIAL I COLOR I HFORMATIONFI FROM I TO It not known. indicate estimated formation log from nearby well or boring tt v 1 SOURCE OF DATA, DIFFICULTIES IN SEALING ❑ Env Bore Hole ❑ Other CASING TYPE(S) feel ❑ Plastic ❑ Tile ❑ Other STATIC WATER LEVEL Measured ❑ Estimated "') e _.--.B _ h Aelow ❑ above land surface �.Aatnufsl Diameter Depth f Set in oversize hole') Annular space initially grouted? ,/ m from � to �„��.`2 h. ❑Yes No ❑ Yes ❑ No E] Unknown in from to h ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknown in from to ft. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknown SCREEN/OPEN HOLE Screen from --6' = to ft Open Hole from to It. U00 rima. r —. Rods/Drop Pipe ❑ Check Valve(s) ❑ Debris ❑ Fill ❑ No Obstruction t Type of Obstructions (Describe) - /sem,-y y Obstructions removed? les ❑ No Describe PUMP Type . J,�{ emoved ❑ Not Present ❑ Other METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE: ❑/ Annular Space Exists Annular space grouted with tremie pipe ❑ Casing Perforation/Removal in. from to ft ❑ Perforated ❑ Removed in from to If ❑ Perforated ❑ Removed Type of perforator ❑ Other GROUTING MATERIALS) (One bag of cement = 94 lbs., one bag of bentonite = 50 lbs.) _ +�e f. ] � �f; l Grouting Material r�!;2t- � ` to 6 It. yards 2- begs from to ff. yards bags from to h. yards bags from to — ft. yards bags OTHER WELLS AND BORINGS Other unsealed and unused well or boring on property? ❑ Yes How many? LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725. The information contained in this repoA is true to the best of my knowledge. Don Stodola Well Drilling Co. Tne. 27122 Contractor Businesy Name License or Registration No. j9tufl8MfZOU'Represenranve sgnarwe uare Name of Person Sealing Well or Boring LOCAL COPY JH 192816 FIEEE No HENN W 1 i f Ye miAli 3 S A ( PNAME Agnes QOPERTYWMora Property owner's mailing address it different than well location address indicated above. City of New Hage 4401 Xplon Ave P Neu, Hope, MN 55428 WELL OWNER'S NAME Well owner's mailing address it different than property owner's address indicated above GEOLOGICAL MATERIAL I COLOR I HFORMATIONFI FROM I TO It not known. indicate estimated formation log from nearby well or boring tt v 1 SOURCE OF DATA, DIFFICULTIES IN SEALING ❑ Env Bore Hole ❑ Other CASING TYPE(S) feel ❑ Plastic ❑ Tile ❑ Other STATIC WATER LEVEL Measured ❑ Estimated "') e _.--.B _ h Aelow ❑ above land surface �.Aatnufsl Diameter Depth f Set in oversize hole') Annular space initially grouted? ,/ m from � to �„��.`2 h. ❑Yes No ❑ Yes ❑ No E] Unknown in from to h ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknown in from to ft. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Unknown SCREEN/OPEN HOLE Screen from --6' = to ft Open Hole from to It. U00 rima. r —. Rods/Drop Pipe ❑ Check Valve(s) ❑ Debris ❑ Fill ❑ No Obstruction t Type of Obstructions (Describe) - /sem,-y y Obstructions removed? les ❑ No Describe PUMP Type . J,�{ emoved ❑ Not Present ❑ Other METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND BORE HOLE: ❑/ Annular Space Exists Annular space grouted with tremie pipe ❑ Casing Perforation/Removal in. from to ft ❑ Perforated ❑ Removed in from to If ❑ Perforated ❑ Removed Type of perforator ❑ Other GROUTING MATERIALS) (One bag of cement = 94 lbs., one bag of bentonite = 50 lbs.) _ +�e f. ] � �f; l Grouting Material r�!;2t- � ` to 6 It. yards 2- begs from to ff. yards bags from to h. yards bags from to — ft. yards bags OTHER WELLS AND BORINGS Other unsealed and unused well or boring on property? ❑ Yes How many? LICENSED OR REGISTERED CONTRACTOR CERTIFICATION This well or boring was sealed in accordance with Minnesota Rules, Chapter 4725. The information contained in this repoA is true to the best of my knowledge. Don Stodola Well Drilling Co. Tne. 27122 Contractor Businesy Name License or Registration No. j9tufl8MfZOU'Represenranve sgnarwe uare Name of Person Sealing Well or Boring LOCAL COPY JH 192816