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IP #778
I Request for Action Originating Department Approved for Agenda Agenda Section Community Development August 25, 2008 EDA Item No. By: Curtis Jacobsen, Director of CD Eric Weiss, CD Assistant By: Kirk McDonald, City Manager 4 Resolution authorizing the expenditure of Hennepin County Housing and Redevelopment Authority ( HCHRA) funds from the Hennepin County Affordable Housing Incentive Fund to be received and expended by West Hennepin Affordable Housin Land Trust (WHAHLT) within the city of New Hope Requested Action The Authority is requested to approve the attached resolution which authorizes WHAHLT to accept and expend monies from the HCHRA's Affordable Housing Incentive Fund within the city of New Hope. Policy /Past Practice It has been a past practice of the city to take such steps as are required to facilitate the acquisition and expenditure of available outside funding within the city of New Hope. Background WHAHLT has found it necessary to apply for funding through the HCHRA and the Hennepin County Affordable Housing Incentive Fund for $25,000 to be used to assist the agency to acquire and rehabilitate permanently affordable homeownership units located throughout the suburban community. State statutes require that before a county HRA can expend money within a city with its own development /redevelopment agency it must receive authorization for said action from the host city. WHAHLT is requesting that the Authority approve the attached resolution authorizing them to accept and expend funds in the amount of $25,000 from the Hennepin County Affordable Housing Incentive Fund to assist in purchasing the land at 4315 Nevada Avenue North. Attachment(s) • Resolution • HCHRA grant agreement Motion by C Second by To:r, 6 I: \RFA \PLANNING \PLANNING \Q & R - WHAHLT authorization to expend HCHRA funds.doc Resolution 2008- 11 Resolution authorizing the expenditure of Hennepin County Housing and Redevelopment Authority (HCHRA) funds from the Hennepin County Affordable Housing Land Trust to be received and expended by West Hennepin Affordable Housing Land Trust (WHAHLT) within the city of New Hope WHEREAS, West Hennepin Affordable Housing Land Trust has applied for funding through the Hennepin County Affordable Housing Incentive Fund; and WHEREAS, The Hennepin County Housing and Redevelopment Authority has awarded $25,000.00 to West Hennepin Affordable Housing Land Trust to assist with the purchase of the land at 4315 Nevada Avenue North; and WHEREAS, the Authority is required to authorized the acceptance and expenditure of this funding with the city of New Hope. NOW, THEREFORE BE IT RESOLVED by the Economic Development Authority (EDA) in and for the city of New Hope hereby authorizes the use of Affordable Housing Incentive Funding (AHIF) as approved by the Hennepin County HRA (HCHRA) board to assist with the purchase of the land at 4315 Nevada Avenue North in New Hope, Minnesota. The AHIF funds in the amount of $25,000 will be awarded to West Hennepin Affordable Housing Land Trust to be utilized for subsidizing the cost of the property at 4315 Nevada Avenue. Adopted by the Economic Development Authority in and for the city of New Hope, Hennepin County, Minnesota this 25th day of August 2008. f President Attest- Executive Director Aug, 19. 2008 1:57PM Hennepin County Housing and Redevelopment Authority Affordable Housing Incentive Fund Program GIANT AGREEMENT No, 1199 P, 2/15 Contract No. A071927 THIS GRANT AGREEMENT ( "Agreement") is made and entered into as of the 16th day of November, 2007, between the Hennepin County Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota, hereinafter referred to as the "Authority," having its principal office at 417 North Fifth Street, Suite 320, Minneapolis, MN 55401, and West Hennepin Affordable Housing Land Trust, a Minnesota nonprofit corporation, whose address is 5101 Thimsen Avenue, Suite 200, Minnetonka, MN 55345, hereinafter referred to as "Provider." C1ALS 1. The Authority's Board of Commissioners created the Affordable Housing Incentive Fund ( "AHIF ") Program by adopting Resolution 08- HCHRA -00 on June 27, 2000, for the purpose of expanding the supply of safe, decent, sanitary housing for very low - income households and individuals in Hennepin County. 2. The Authority provided funding of $4 million of capital tax exempt general obligation bonds for the implementation of the 2007AHIF Program. 3. The Provider has been awarded funding of $ 140,000 by the Authority, the proceeds of which are to be used solely for the Homes within Reach Program to acquire and rehabilitate a minimum of four permanently affordable homeownership units located throughout the suburban communities of Hennepin County (the "Project "). The four (4) units will be AHIF units serving very low - income households ( "Low Income Units ") pursuant to the application requirements ofthe AHIF. Provider will be the owner of the land underneath the Low Income Units, 4. The Authority desires to have certain activities, hereinafter referred to as "Activities," performed by Provider as described within this Agreement, including any exhibits and attachments, as authorized by resolutions of the Authority's Board of Commissioners for the purpose of implementing eligible activities under the AHIF, and applicable rules, regulations, and guidelines promulgated by federal, state, and county authorities. 5. The purpose of this Agreement is to provide for cooperation between the Authority and Provider, as the parties to this Agreement, in implementing these Activities and to set forth the terms and conditions under which said Activities shall be implemented. 6. The Authority and the Provider are authorized and empowered to enter into this Agreement by Minnesota Statutes §§ 469.001 to 469.047 and 469,192, and other applicable law. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the Authority and Provider hereto agree as follows: Aug. 19. 2008 1:57PM NO, I I VV r• J/ 17 L GRANT OF AHIF FUNDS. The Authority agrees to provide Provider with AHIF funds not to exceed One Hundred Forty Thousand and No /100 Dollars ($140,000.00) in the form of a grant (the "Grant ") subject to the conditions set forth in this Agreement, which conditions expire thirty (30) years from the latter of the date of this agreement and the date that all four (4) Low Income Units are available for occupancy by very low - income households to enable Provider to carry out the Activities. The Authority shall make no payment of AHIF funds to Provider and draw no funds from Hennepin County on behalf of Provider prior to having received copies of all documents and records needed to ensure that Provider has complied with the appropriate regulations and requirements and prior conditions set forth in this Agreement. The Authority's commitment to provide said AHIF funds is subject to the grounds for termination set forth in paragraph 27 of this Agreement. 2. SCOPE OF ACTIVITIES. In furtherance of the Project, by December 31, 2008, the Provider shall perform and carry out, in a satisfactory and proper manner at the Premises, the following Activities: A. PROJECT DESCRIPTION. Four (4) units will be AHIF Low Income Units and provide homeownership opportunities for eligible very low- income households' ,: A very low- income household is defined as a household whose median family income is fifty percent (50 %) or less of area median income adjusted for family size as determined by United States Department of Housing and Urban Development (HUD) (the "Affordability Requirements ") who certifies that the Premises will be used as that person's principal residence (the "Qualified Purchaser "). A Qualified Purchaser who meets the income requirements of the previous sentence may (1) buy real property from the Provider or from another Qualified Purchaser, or (2) enter into a ground lease with respect to real property and is the owner of improvements to that real property for which Provider has provided financial assistance, whether or not such assistance has been repaid, or (3) buy the improvements from a person described in clause (2). B. FIRM COMMITMENT OF NON-AWF FUNDING SOURCES. Prior to the disbursal of any AHIF funds under this Agreement, the Provider must demonstrate to the Authority that adequate non -AHIF funds are secured for the implementation of said Activities. The Provider shall provide leverage of other funds for the Project. Provider shall to agree that, on an ongoing basis, it will make timely application for, and use its best efforts to secure, all necessary funding to assure the financial stability of. the Project, including but not limited to funding from grants from governmental or other sources for operating costs. C. REVISED BUDGET. A revised schedule of revenue and expenses, including operating expenses for said Premises, must be provided prior to closing. AHIF funds must represent the same or not exceed the approximate prorated contribution as presented in the budget of the original application. D. AHIF PAYMENT. AHIF funds will be disbursed for Permitted Costs, which will be paid in accordance with the established project budget. E. PROGRAM REQUIREMENTS. Prior to the disbursement of AHIF funds, the Provider must supply documentation for review by the Authority's staff, which assures at a minimum compliance with all AHIF rules and regulations relating to housing quality standards, environmental review, acquisition, and lead -based paint. 3. USE OF FUNDS. The use of funds under this grant agreement is restricted to those costs and expenses permitted under applicable law, including but not limited to Minn. Stat. sections 383B.79 and 373.40 (°`Permitted Costs'). Examples of costs or expenses that may not be Permitted Costs 2 Aug. 19. 2008 1; 58PM No, 1199 F. 411 � include, but are not limited to: marketing; tax credit fees; tax credit syndication fees such as organization fees, bridge loan and tax opinion; and financing costs that relate specifically to other debt incurred in connection with the project, The Authority will not approve disbursement of funds for costs or expenses that are not Permitted Costs. The Provider agrees to repay to the Authority any AHIF funds disbursed for costs or expenses that are not Permitted Costs, whether used by the Provider or by any third party. 4. DURATION OF AGREEMENT. The Provider shall use its best efforts, and shall take all necessary actions to cause the Low Income Units in the Premises as homeownership housing affordable to Qualified Purchasers, whether upon the first sale or transfer of title of any ownership interest or title of such unit or for any subsequent sales or transfers, and comply with the provisions and requirements of this Agreement for a period of thirty (30) years from the latter of the date of this Agreement and the date that the Low Income Units are first sold or title is otherwise transferred to Qualified Purchasers. Unless otherwise forgiven. or repaid pursuant to this Agreement, Provider agrees to repay to the Authority the amount of the AHIF funds specifically used: (a) at point of sale or transfer ofany ownership interest or title of a Low Income Unit to someone who is not an Qualified Purchaser or the Provider, or (b) upon Provider's unexcused failure to meet any terms and conditions of this Agreement or the terms and conditions of other documents executed in connection with this Agreement, whichever comes first. If none of the foregoing events occurs, then at the end of the thirty (30) years no repayment shall be required, . 5. ASSURANCES THAT CONDITIONS OF GRANT WILL BE MET. Provider agrees that, prior to closing on this Grant, Provider will execute a Promissory Note (the "Note ") in the amount of the Grant. The AHIF funds shall be secured by a mortgage and a declaration recorded against the land underneath each Low Income Units. Upon sale of any of the Low Income Unit to a Qualified Purchaser, the Provider shall require that the Qualified Purchaser shall enter into an addendum to the land trust lease with the Provider that will obligate the Qualified Purchaser to sell the Low Income Unit to another Qualified Purchaser or back to the Provider and acknowledge the funds the Authority initially disbursed to ensure affordability of the Low Income Unit. The forms of the note, mortgages, declaration, and land lease addendum are, collectively, the "Loan Securing Documents ". Without releasing Provider from any of its obligations to assure that each Low Income Unit is owned, occupied, sold or transferred only to a Qualified Purchaser, Provider expressly assigns the Authority the right to exercise all of Provider's rights under any Loan Securing Document or otherwise, at the sole discretion of the Authority, to enforce any provision relating to assuring that the Low Income Units can only be owned, occupied or sold or transferred to Qualified Purchasers. To the extent that such declaration, land trust lease or other restriction, or any part of same, is ruled or construed to be unenforceable for any reason by any court or arbitrator, Provider must provide substitute security to the Authority to equivalent effect and in equivalent amount. A. The Loan Securing Documents as approved by the Authority shall contain at least the following provisions, which must expressly be made to survive any repayment of funds secured by the Loan Securing Documents: (1 } Prior to any sale or transfer of any ownership interest or title of a Low Income Unit, the owner and Provider must give at least 30 -days notice to the Authority and provide the Authority information sufficient to show that the proposed buyer is a Qualified Purchaser. Aug.19, 2008 1:58PM No. 1199 N. � /1� (2) The Authority trust be named as a third -patty beneficiary of the Loan Securing Documents with express authority, at the sole discretion of Authority, to bring, intervene in, or contest, in the name of Provider, any action or matter involving whether any Low Income Unit is or will be owned by a Qualified Purchaser. (3) The conditions set forth in this Section SA must be included as part of any future agreements to sell or otherwise transfer title of a Low Income unit to any subsequent owner. B. The Loan Securing Documents and any other documents trust not include any provision permitting Provider or a buyer of a Low Income Unit to sell or transfer any ownership interest or title of a Low Income Unit to anyone other than a Qualified Purchaser unless the sale or transfer (1) is from a Qualified Purchaser back to Provider, or (2) is with the prior written consent of the Authority at the Authority's sole discretion. Provider, for itself and for its successors and /or its assigns, further agrees and consents to the filing of such security instruments and this Agreement with the government officials or entities as determined by the Authority to be appropriate to protect the interest of the Authority in the Property. If a loan closing does not take place between Provider and the Owner within ninety (90) days of the date of this Agreement, this Agreement shall be null and void and have no further effect. In the event that the Provider's Note is prepaid, the Provider shall escrow such proceeds and hold them in trust for the Authority until the expiration ofthe Grant Agreement, to be paid to the Authority at such tune as the Affordability Requirements are not maintained. 6. REPAYMENT OF AHIF FUNDS. No repayment of the Grant shall be required if, and only if, the following terms and conditions are met: A. The Low Income Units comply with all provisions and requirements set forth in this Agreement, any other instrument securing the Note, or any other instrument collateral to the Note. B. The Low Income Units remain homeownership housing, each unit purchased by a Qualified Purchaser, or by the Provider to be resold to another Qualified Purchaser. Should the Provider fail to meet any of the above terms and conditions, the Authority at its option, after sixty (60) days prior written notice to Provider, may declare that portion of the Grant attributable to the non - conforming Low Income Unit(s) due and payable in full. Notwithstanding the foregoing, the Authority acknowledges that the Loan Securing Documents and other documents the Provider requires the Qualified Purchasers to sign obligates the Qualified Purchasers to repay the portion of the AHIF Loan secured by their Low Income Unit to the Authority if they sell their Low Income Unit to a non - Qualified Purchaser. The Authority will provide a reasonable period of time for the defaulting Qualified Purchaser to repay the portion of the AHIF Loan secured by its Low Income Unit to the Authority, before the Authority will take legal action against the Provider or provide the above 60 -day default notice to Provider. 4 Aug 9 2008 1; 58PM Flo. 1 99 F 6 � 7. COVENANTS. Without the prior written consent of the Authority, which consent shall be within the sole discretion of the Authority, Provider shall not: A. To the extent Provider has such authority, permit an owner of a Low Income Unit to transfer fee title in the Low Income Unit to anyone other than Provider or a Qualified Purchaser. Should the Provider do or allow to be done any of the above actions, the portion of the unpaid Loan allocable to the non - complying Low Income Unit shall become due and payable in full, 8. RESALE/TRANSFER GUIDELINES FOR PROVIDER. The Loan Securing Documents as approved by the Authority shall contain at least the following conditions: A. In the event of a sale or transfer of any ownership interest or title of a Low Income Unit to anyone other than a Qualified Purchaser or Provider, Provider must repay to the Authority the remaining balance of the portion of the Grant attributable to that Low Income Unit if the seller of the Low Income Unit does not repay such portion. B. In the event the Provider obtains title to a Low Income Unit through foreclosure or a deed in lieu of foreclosure, ]Provider can sell the Low Income Unit to another Qualified Purchaser without repayment of the portion of the Loan to the Low Income Unit during the term of the Loan as approved by the Authority. C. In the event of a voluntary sale or transfer of title of a Low Income Unit to other than a Qualified Purchaser as approved by the Authority, the Provider must repay the remaining balance of the Grant allocated to the Low Income Unit if the seller of the Low Income Unit does not repay such portion. The Authority may in its sole discretion agree to a lesser amount in the event that the Authority determines there are no net sale proceeds or where the net sale proceeds are insufficient to repay the full Grant amount. D. In the event the Provider retains a Purchase Option on the Low Income Unit, the Provider can offer the homeownership opportunity to another Qualified Purchaser without repayment of the AHII; Grant during the term of the Grant. 9. AMENDMENTS TO AGREEMENT. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall be valid only when they have been reduced to writing as an Amendment to this Agreement, signed and approved, and properly executed by the authorized representatives of the parties. 10. NON - ASSIGNMENT. Except as otherwise provided in this Agreement, Provider shall not assign, subcontract, transfer, or pledge this Agreement and /or the Activities to be performed hereunder, whether in whole or in part, without the prior written consent ofthe Authority. The Provider may not transfer, assign, sell, or otherwise dispose of or encumber any of its rights under the Provider's Note or the Provider's Mortgage without the written consent of the Authority at the Authority's sole discretion. 1 I. INDEMNIFICATIiON AND INSURANCE. A. The Provider agrees to defend, indemnify, and hold harmless the Authority, its elected -. officials, officers, agents, and employees (including duly authorized volunteers) from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including 5 Aug.19, 2008 1:58PM No. 1199 N. / /I� reasonable attorney's fees, resulting directly or indirectly from any negligent act or omission or willful misconduct of the Provider, its officers, agents, employees (including duly authorized volunteers), or contractors, and /or anyone for whose act, omission, they may be liable in the performance of the Activities required by this Agreement, and against all loss by reason of the failure of said Provider to perform fully, in any respect, all obligations under this Agreement, B. The Provider agrees to defend, indemnify, and hold harmless the Provider, its officials, officers, agents, and employees (including duly authorized volunteers) from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any negligent act or omission or willful misconduct of its officers, agents, employees (including duly authorized volunteers), or contractors, and /or anyone for whose act, omission, they may be liable in connection with the Project. C. In order to further the public purpose of providing low - income housing by minimizing risk to the Project, Provider agrees to keep in force at all applicable times during the term of this Agreement and beyond such term when so requested by the Authority the following insurance coverages: Builders Risk Completed Value nonreporting form of fire, extended coverage vandalism and malicious mischief hazard insurance covering the replacement value of the Premises. D. In the event that the Authority determines that the above coverages and limits or any other insurance coverages and limits become insufficient, Provider agrees to furnish within thirty (30) days, alternative coverages or increased limits requested by the Authority. 12. INDEPENDENT CONTRACTOR: Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners, whether between the parties hereto , or as constituting the Provider as the agent, representative, or employee of the Authority for any purpose or in any manner whatsoever. The Provider is to be and shall remain an independent contractor with respect to all activities perforated under this Agreement. The Provider represents that it has, or will secure at its own expense, all personnel required in fulfilling its obligation under this Agreement. Any and all personnel of the Provider or other persons while engaged in the performance of any activities required by the Provider under this Agreement shall have no contractual relationship with the Authority, and shall not be considered employees of the Authority. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against the Provider, its officers, agents, contractors, employees or any others, shall in no way be the responsibility of the Authority. The Provider shall defend, indemnify, and hold the Authority, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the Authority, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and Public Employees Retirement Act, 13. DATA PRIVACY. To the extent that data on individuals are made available between the Authority and Provider pursuant to this Agreement, Provider agrees that it will abide by the provisions of the Minnesota Government Data Practices Act and all other applicable state and federal laws, rules, and In Aug, 19. 2008 1:58PM No. 11y9 r d /]� regulations relating to such data, and as any of the same may be amended. Provider agrees to defend and hold the Authority, its officers, agents, and employees harmless from any claims resulting from Provider's unlawful disclosure and /or use of such data on individuals. 14, HOUSING QUALITY STANDARDS AND PROPERTY REQUIREMENTS. Provider shall maintain the Premises, at a minimum, to meet HUD's Housing Quality Standards, and maintain compliance with all applicable ordinances, building and use restrictions, code - required building permits, and any requirements with respect to licenses, permits, and agreements necessary for the lawful use and operation of the Premises for the duration of this Agreement. Newly constructed housing must meet the current edition of the Model Energy Code published by the International Council. of American Building Officials. 15. EQUAL OPPORTUNITY AND FAIR ROUSING. Provider shalt, and Provider shall comply with all federal laws, executive orders, and implementing rules and regulations set forth to ensure that no person shall on the grounds of race, color, national origin, religion, handicap, familial status, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with AHIF funds. These requirements include: A. The Fair Housing Act, as amended, and implementing regulations issued at 24 CFR Part 100; B. Executive Order 11063, as amended by Executive Order 12259, "Equal Opportunity in Housing," and implementing regulations issued at 24 CPR Part 107; C. Title VI of the Civil Rights Act of 1964 and implementing regulations issued at 24 CPR Part l; 16. COUNTY POLICY ON AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY. In accordance with Hennepin County's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable federal or state laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. Provider will also comply with applicable local rules and regulations for affirmative action. Where federal, state, and /or local policies and requirements for affirmative action and equal employment opportunity differ, the most restrictive policies and requirements shall apply. However, Provider shall provide any reports or other documentation required by each jurisdiction in order to demonstrate compliance with applicable laws, ordinances, and regulations. 17. NON - DISCRIMINATION BASED ON DISABILITY. When and where applicable, Provider shall comply with, and make best efforts to have its third party providers comply with, Public Law 101 -336 Americans with Disabilities Act of 1990, Title I "Employment," Title II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services Operated by Private Entities" and all ensuing federal regulations implementing said Act. 18. ENVIRONMENTAL REVIEW, Unless the Authority has already certified in writing that such information and documents have been provided, Provider shall provide necessary information and 7 Au .1 2008 1:59PM No 1199 P 9r1� relevant documents to the Authority to accomplish an environmental review that meets the requirement of the AHIF Program, 19. DISPLACEMENT, RELOCATION AND ACQUISITION. Provider shall take all reasonable steps to minimize displacement ofpersons as necessary for implementation ofthe Activities. Provider shall conduct all such acquisitions in its name, or in the name of another eligible organization acceptable to the Authority, which shall hold title to all real property purchased. Provider shall prepare all notices, appraisals, and documentation required in conducting acquisition under the latest applicable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, Section 104(d) of the Housing and Community Development Act of 1992, and provide all relocation notices, counseling, and services. 20. ' LEAD -BASED PAINT. Provider shall comply with the lead -based paint risk assessment, notification, inspection, and convection of deteriorated or defective surfaces, as specified in the Section 8 Minimum Housing Quality Standards and as required by the AHIF Program, 21. RECORDS AND REPORTS: MONITORING. Provider shall maintain records for the receipt and expenditure of all AHIF funds. All records pertinent to the AHIF Program shall be made available for inspection and copying upon request of the Authority. The Authority shall have the right to review any and all procedures, including property management agreements, and all materials, notices, documents, etc., prepared by Provider in implementation of the Activities and Provider agrees to provide all information required by any person authorized by the Authority to request such information from Provider for the purpose of reviewing the same. The records of the Provider shall be subject to audit as provided in MN Statutes § 16C.05 Subdivision 5 for a minimum of six years. The Authority shall review the performance of Provider, its subcontractors, and owners of rental housing assisted with AHIF funds to assess compliance with the requirements ofthe AHIF Program set forth in this Agreement. The results of such review will be of public record. 22. AUDIT. Provider agrees to provide the Authority with an annual audit report consistent with the provisions of OMB Circular A -133 Audits of States, Local Governments and Nonprofit Organizations in accordance with government auditing standards, as applicable, by July 1 ofthe year following the distribution of AHIF funds. The cost of an audit is not reimbursable from AHIF funds. The Authority reserves the right to recover from Provider the full amount of any AHIF funds found to be improperly expended or otherwise disallowed, If Provider is a nonprofit organization, Provider's assurance and certification regarding its financial management system is attached hereto as Exhibit 2 and incorporated herein by reference. 23. ENFORCEMENT OF AGREEMENT. Failure to comply with any term, covenant, condition, or requirement in this Agreement or in any note, mortgage, or other instrument executed in connection with this Agreement, for a period of ninety (90) days after the Authority gives written notice specifying the form of non - compliance, shall constitute breach of contract and a default by Provider. If any default shall occur, the Authority may declare the AHIF funds provided to Provider to be forthwith due and payable without presentment, demand, or further notice of any kind. The Authority may also pursue remedies available under the terms ofany mortgage or other instrument executed to secure the Authority's interests in the AHIF funds, and other such remedies as may be available under local, state, or federal laws. Aug. 19. 2008 1.59PM No. 1199 N, 1U /I� 24. GRANT ADMINISTRA'T'ION. Deputy Executive Director, Hennepin County Housing and Redevelopment Authority, shall manage this Grant on behalf of the Authority and serve as liaison between the Authority and Provider. The Authority may from time to time designate other persons to serve as Grant manager at its discretion and without amending this Agreement. 25. METHOD OF NOTICE. Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing, and shall be sent by registered or certified mail. Notices to the Authority shall be sent to the Chair or Deputy Executive Director, Hennepin County Housing and Redevelopment Authority, 417 North Fifth Street, Suite 320, Minneapolis, Minnesota 55401 -1362, Notice to Provider shall be sent to the address as given in the opening paragraph of this Agreement. 26. PRE- DISBURSAL DOCUMENTATION. Prior to disbursal of any of the Grant, Provider must provide the Authority the following documentation: A. Articles of Incorporation and Bylaws. B. Certificate of Good Standing from the Secretary of State. C. Certified Resolution of Board of Directors of Provider authorizing the execution of this Grant Agreement and the other documents referenced in Section 6 of this Agreement. D. Provider will furnish to the Authority, within a reasonable time prior to the disbursal of any funds under this Agreement, an opinion of its legal counsel, addressed to and inform and content acceptable to the Authority, which shall state legal counsel's opinion that: (a) Provider is a duly organized and validly existing nonprofit corporation underthe laws of the State of Minnesota; (b) Provider has full power, right and authority to execute and deliver this Agreement and the documents required herein, to accept the funds described in Section 1 and commit to all of the security described in Section 6 and to perform all duties provided for in the documents described in Section 6: (c) to the best of legal counsel's knowledge, there are no actions, suits or proceedings pending or threatened against Provider or the Premises, and Provider is not in default with respect to any order, writ, injunction, decree or demand of any court or governmental authority; and (d) the consummation of this transaction and the performance ofProvider's obligations under the documents described in Section 6 will not result in any breach of, or constitute a default under, any mortgage, lease, loan agreement, or other instrument which affects the Premises or Provider, or to which Provider is a party, E. Copy of a valid and fully executed purchase agreement or deed for the Premises. F. Provider must demonstrate that all financing has been approved and secured for the total projected development costs. G. Title commitment for a Lender's policy title insurance in favor of Provider in the amount of the AHIF Grant. H. Insurance Policy or Binder evidencing the procurement of the insurance required pursuant to Section 12. Aug. 19. 2008 1:59PM I. Documentation of comp ordinances, building and Commitment. J. Mechanic's lien waivers Previous one hundred tw K. City Board Resolution su where the project resides. L. Documentation that all r Premises is not subject to M. The Note, Provider's M described in Section 6 of N. Copies of any other provided at closing. No. 1199 N. 11/1� that the Premises comply with applicable zoning restrictions, building permits, etc,, as required in the any work initiated or completed on Premises within the (120) days. the AHIF funding of the project in the community estate taxes currently due and payable are paid and the r pending assessments. age, Assignment of Rights Agreement and Declaration Agreement, required by the terms of this Agreement to be 27. TERMINATION OF AGREEMENT In order to ensure the public purpose of maintaining low - income housing and, if necessary, to re ]locate funds to another provider, this Agreement may be terminated by the Authority if. A. Provider is in default of its beyond any applicable cure hereunder and the terms and conditions herein B. Any information or rep Agreement is materially C. There is any material D. There is any significant income housing units. E. The Grant described in Pn within ninety (90) days of F. AHIF funds are not G. Provided, however, that in the amounts of the Grant as in Section 6, shall survive! presented to the Authority in connection with this in or unrepaired damage to the Premises. damage to the premises adversely affecting the low- ler's proposal, as accepted by the Authority, is not closed date of this Agreement. within one year of the date of this Agreement, event of such termination, Provider's obligation to repay Il as Provider's obligations under the documents described i termination. l Aug, 19. 2008 1:59PM No. 1199 F. 1111 PROVIDER, having signed this Agreement, and the Authority having duly approved this Agreement on , 2007, and pursuant to such approval and the proper Authority officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. L APPROVED AS TO FORM AND EXECUTION Assistant County Attorney Date: STATE OF MINNESOTA ) ) ss. COUNTY OF- A na en_� .; # i Its: Chair (or, where appropriate, the Chair's designee) .• Its: Executive Director (or, where appropriate, the Executive Director's designee) T e foregoing instrument was acknowledged before me this ,6 day of N&V� a�✓, 2007, by 4 L# 6o the A t- West Hennepin Affordable Houisng Land Trust, a Minnesota non - profit corporation, on behalf of said nonprofit corporation. ii D ESCRIPTION LEGAL 11 Aug. 19, 2008 1:59PM No, 1199 N. 13 /1� That certain real property located in the County of Hennepin, State of Minnesota, and legally described as follows: 1. Address: Legal: 2. Address: Legal: 3. Address: Legal: 4. Address: Legal: EXHIBIT 2 12 Aug. 19. 2008 1; 59PM No. 1199 P, 14/15 ASSURANCE AND CERTIFICATION In connection with our responsibilities to manage the Affordable Housing Incentive Fund (AHIF) Program funds that have been provided to our organization, we certify and assure that we are in compliance with the financial standards set forth in Federal Office of Management and Budget (OMB) Circular A-133. Specifically, our organization's financial management system provides for the following: 1. Accurate, current, and complete disclosure of the financial results of each federally sponsored and AHIF project or program in accordance with the reporting requirements set forth in OMB Circular A -133 (Financial Reporting Requirements). 2. Records that identify adequately the source and application of funds for federally sponsored activities. These records contain information pertaining to federal awards, authorizations, obligations, unobligated balances, assets, outlays, and income. 3. Effective control over the accountability for all funds, property, and other assets. These assets are adequately safeguarded and are used solely for authorized purposes. 4. Comparison of actual outlays with budget amounts for each grant or other agreement and, whenever appropriate or required, comparisons of financial information with performance and unit cost data. 5. Procedures to minimize the elapsed time between the transfer of funds from Hennepin County to our organization and the disbursement of funds by our. organization. 6. Procedures for determining the reasonableness, allowability, and allocability of costs in accordance with the provisions of the applicable federal cost principles and the terms of the grant or other agreement. 7. Accounting records that are supported by source documentation. 8. Annual audits by a firm of independent Certified Public Accountants to ascertain the effectiveness of the financial management systems and internal procedures that we have established to meet the terms and conditions of the federal grants and other agreements, The audits are conducted on an organization -wide basis and include an appropriate sampling of federal agreements. 9. A systematic method to assure timely and appropriate resolution of audit findings and recommendations. 10. Organizations that receive AHIF funds from us are required to comply with the financial management standards set forth in this certification. 13 Aug 19 2008 1:59PM No, 1199 N. 1�/1� This assurance and certification is given in connection with any and all AHIF funds received from Hennepin County Housing and Redevelopment Authority after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The undersigned recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance. This assurance and certification is binding on this organization, and on the authorized official whose signature appears below, 14 Between THE CITY OF NEW HOPE and i' i I 1 i i '' i i DEVELOPMENT CONTRACT FOR 4317 NEVADA AVENUE NORTH THIS AGREEMENT (referred to hereafter as "this Agreement" or "the Agreement ") is made and entered into effective as of the 16 ' day of September, 2005, by and between the City of New Hope, a Minnesota municipal corporation (City), and the Northwest Community Revitalization Corporation, a Minnesota nonprofit corporation (Developer). RECITALS The City operates a scattered site housing program, with the goal of purchasing substandard housing or vacant lots in the City for upgrading or replacement, or other appropriate uses. The City has purchased the Property hereinafter described and has determined its development is in the best interests of the City and its residents, and is in accord with the public purposes and provisions of the applicable state and local laws. The City has utilized Community Development Block Grant funds to purchase the Property, with approximately $83,000 in CDBG funds that will contribute and /or have contributed to acquisition of the Property and approximately $15,000 in CDBG funds that will contribute and /or have contributed to demolition work on the Property. The City and Developer have utilized additional grant funding sources for development of the Property and land adjacent thereto, including but not limited to HOME, MHFA and City of Robbinsdale CDBG funds. IN CONSIDERATION of the mutual covenants and obligations of the City and the Developer, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I DEFINITIONS, EXHIBITS, R ULES OF INTERPRETATION 1. Definitions In this Agreement, the following terms have the meaning given below unless the context clearly requires otherwise. a. City The City of New Hope, Minnesota. b. Closing. The closing of the sale of the Property from the City to the Developer. C. Construction Plans Collectively, the construction drawings, plans, landscape description, and related documents involving the Improvements. —1— d. Developer Northwest Community Revitalization Corporation, a Minnesota nonprofit corporation. e. Development The Property and the Improvements to be constructed thereon according to the Construction Plans approved by the City. f. EDA. The Economic Development Authority in and for the City of New Hope. g. Community Development Block Grant (CDBG) The Housing and Urban Development Community Development Block Grand program, 24 C.F.R. Part 570, under which the City will obtain reimbursement for expenditures for the purchase of the Property and certain related expenditures, all as necessary to provide a buildable lot to Developer, for Developer to construct a housing unit to be sold to low or moderate income individuals. It. HOME Funds The HOME Investment Partnership Program with Hennepin County. i. Improvements Each and all of the structures, landscaping, and site improvements constructed on the Property by the Developer, as specified in the Construction Plans approved by the City. j. Permitted Encumbrances Permitted Encumbrances shall include the following items: (i) Taxes and installments of special assessments payable in 2005 and in subsequent years; (ii) building and zoning laws, and federal, state and local laws, ordinances and regulations; (iii) easements for public streets, drainage, utilities, highways and roads existing now and at closing; (iv) liens, easements, encumbrances, agreements, restrictions, conditions and covenants of record, if any, as of the date hereof; and (v) the terms, conditions, covenants and agreements set forth in this Agreement. k. Property The real property known as 4317 Nevada Avenue North, New Hope, Minnesota 55428, located in Hennepin County, Minnesota, shown on Exhibit B1, and legally described on Exhibit B2; 1. Title Evidence A commitment for title insurance from a title insurance company reasonably acceptable to the City and Developer. m. Unavoidable Delays Delays which are the direct result of strikes, labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which results in delays, or acts of any federal, state or local government, except those contemplated by this Agreement, which are beyond the control of the Developer. 2. Exhibits The following Exhibits are attached to and by reference made a part of this Agreement: a. Certificate of Completion —2— b. Lot Survey C. Construction Plans(with specified landscape value) d. NCRC Proposal (the "Proposal ") 3. Rules of Interpretation a. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. b. The words "herein" and "hereof" and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. C. References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. d. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. e. The Developer acknowledges that the City will be utilizing and /or has utilized CDBG funds to reimburse the City for its costs in purchasing the Property. It is intended by the City and the Developer that this Agreement comply with all requirements of the CDBG program so as to allow the City to obtain reimbursement of the purchase price of the Property and related costs. If any term or provision of this Agreement shall conflict with any requirement of the CDBG program so as to impair the qualification of the City for reimbursement of said purchase price and related costs, the term or provision shall be amended to the extent necessary to qualify said purchase price and related costs for reimbursement under the CDBG program. ARTICLE II REPRESENTATIONS AND UNDERTAKINGS ........._.__ 1. By the Developer The Developer makes the following representations and undertakings: a. The Developer has the legal authority and power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement; b. The Developer has the necessary equity capital or will obtain commitments for financing necessary for construction of the Improvements; C. The Developer will construct the Improvements in accordance with the terms of this Agreement, its Proposal and its Construction Plans attached hereto as Exhibits C and D, as the same may be amended from time to time with the prior written approval of authorized representatives of the City, and all local, state and federal laws and regulations; nil and d. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, the requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. Responsibility for payment of any fees or costs associated with said permits, licenses, and approvals are as set forth in Section 4.1. e. The Developer will limit use of the Property in accordance with the provisions set forth in Exhibit F and further will undertake all actions necessary in the reasonable discretion of the City to facilitate accounting and other matters relating to use and management of the Property consistent with requirements relating to CDBG and /or HOME funding for the Property. 2. By the City The City makes the following representations as the basis for the undertaking on its part herein contained: a. The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder; and b. The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Developer and will cooperate with the efforts of Developer to secure the granting of any permit, license, or other approval required to allow the construction of the Improvements; provided, however, that nothing contained in this subparagraph 2.2(b) shall be construed to limited in any way the reasonable and legitimate exercise of the City's discretion in considering any submittal or application. ARTICLE III CONVEYANCE TO DEVEL 1. Sale of Property to Developer The City agrees to sell the Property to the Developer and the Developer agrees to purchase the Property from the City in "as -is" condition. At the Closing, the City agrees to convey the Property to the Developer by Quit Claim Deed in the general form of Exhibit E. The purchase price for the Property will be $1.00. 2. Closing. The Closing of the sale of the Property from the City to the Developer will take place on or before August 15, 2005, or such other date as may be agreed to by the parties in writing. At the Closing, the Developer will pay the purchase price in cash to the City. 3. Recording Fees The Developer shall be solely responsible for the cost of any and all state deed or transfer taxes, agricultural land fees, and recording fees. The Developer shall promptly record all transfer documents including, but not limited to, the Quit Claim Deed conveying the property and the Certificate of Completion. -4- a 4. Taxes and Special Assessments Real estate taxes payable in the year of the Closing will be prorated between the City and the Developer as of the date of the Closing. Levied and pending special assessments for improvements installed prior to the date of this Agreement, if any, will be satisfied by the City at the time of the Closing and the Property will be transferred to the Developer free and clear thereof. 5. " Is" Condition The Developer acknowledges that the City makes no representations or warranties as to the condition of the Property or its soils, its fitness for construction of the Improvements, or any other purpose for which the Developer may make use of the Property. Developer is acquiring this Property in an "As Is" Condition and the City makes no guarantees or warranties, either express or implied, as to the fitness of use of the Property intended by Developer. 6. Hazardous Wastes The Developer acknowledges that the City makes no representations or warranties regarding the presence of hazardous wastes on the site. The City will allow reasonable access to the Property for the Developer to conduct such tests regarding hazardous wastes as the Developer may desire. Permission to enter the Property to conduct such tests must be given in writing under reasonable terms and conditions established by the City. 7. Title. a. The City agrees to deliver the Title Evidence, to be prepared at the Developer's expense, as soon as reasonably possible after the execution of this Agreement. The City shall not be required to deliver any further evidence of title. The Developer shall make written objections to title by written statement delivered to the City within ten (10) business days after receipt of the Title Evidence. No objection to title shall be made by the Developer based upon this Agreement or other documents to be executed and delivered pursuant hereto, or any matters contemplated herein, and no objection to title shall be based on the existence of, or failure by the City to acquire or remove, a Permitted Encumbrance. Any objections not contained in said statement delivered within said ten (10) business days shall be deemed waived. At the time of delivery of the Quit Claim Deed, the City shall deliver, or cause to be delivered, evidence of satisfaction or correction of those proper objections which have been duly and timely made and which it has been able satisfy or correct. The Developer shall, at its sole cost and expense, pay for any and all premiums for title insurance policies desired by it. b. If any proper objections to title are duly and timely made as provided above, and if the City is not able to satisfy or correct the objection within thirty (30) days after said objections, the Developer shall, within ten (10) days thereafter, make a written election of one of the following: (1) Termination of this Agreement; or (2) Agreement to proceed with the Closing and transfer of possession of the Property without any further obligation or liability of any kind on the City to cure —5— or satisfy any objections to title, whereupon the risk that the objection cannot be cured (or that title cannot be rendered marketable) shall be entirely borne by the Developer. 8. If no such written election is given to the City within said ten (10) day period, the Developer shall be deemed to have accepted title as is and to have agreed to proceed to Closing. ARTICLE IV CONSTRUCTION OF IMPROVEMENTS 1. Construction of Improvements The Developer shall construct the Improvements on the Property in accordance with its Proposal and Construction Plans attached hereto as Exhibits C and D and in accordance with the City Code, and shall maintain, preserve and keep the Improvements in good repair and condition until sale of the Property. The Developer shall pay all costs and fees associated with the construction of the Improvements, including but not limited to all material and labor, all building permit fees not waived by the City, including but not limited to a park dedication fee as determined by the City, all State of Minnesota surcharges and electrical permit fees, and all utility connection and SAC charges. Developer shall be responsible for scheduling and obtaining all required State and City inspections during the construction of the Improvements, and with giving at least 24 hour notice of inspection requests. 2. Construction Plans No building permit will be issued by the City unless the Construction Plans therefore are in conformity with this Agreement, including the construction drawings and landscape description attached as Exhibits C and D, with all of the requirements of the City Code, and with all federal, state, and local regulations. The City shall, within ten (10) business days of receipt of Construction Plans submitted in application for a building permit, review such plans to determine whether the foregoing requirements have been met. If the City determines such plans to be deficient, it shall notify the Developer in writing stating the deficiencies and the steps necessary for correction. Issuance of a building permit by the City shall be a conclusive determination that the corresponding parts of the Construction Plans have been approved and shall satisfy the provisions of this Section4.2. 3. Schedule of Construction Subject to Unavoidable Delays, construction of the Improvements in accordance with the Construction Plans shall commence on or before September 15, 2005 and be completed on or before September 14, 2006. All construction shall be in conformity with the approved Construction Plans, the applicable sections of the City Code, and the applicable provisions of this Agreement. Periodically during construction the Developer shall make reports in such detail as may reasonably be requested by the City concerning the actual progress of the construction. If at any time prior to completion of construction the City has cause to believe that the Developer will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Developer and demand assurances from the Developer regarding the Developer's construction schedule. If such assurances are not forthcoming or are deemed by the City in its sole direction to be inadequate, the City may declare an Event of Default and may avail itself of any of the remedies specified in Section 6.2 of this Agreement. 4. Certificate of Completion Promptly after notification by the Developer of completion of construction of the Improvements, the City shall inspect the construction to determine whether the Improvements have been completed satisfactorily. If the City is satisfied with the construction, the City shall furnish the Developer with a Certificate of Completion in the form attached hereto as Exhibit A. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligation of the Developer to construct the Improvements. The certification provided for in this Section 4.4 shall be in recordable form. If the City refuses or fails to provide certification in accordance with the provisions of this Section4.4, the City shall, within fifteen (15) days of such notification, provide the Developer with a written statement indicating in what respects the Developer has failed to complete the Improvements in accordance with the provisions of this Agreement or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification. Prior to the issuance of a Certificate of Completion, no occupancy of the Improvements shall be permitted. ARTICLE V PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER 1. Representation as to Development The Developer represents and agrees that its undertakings pursuant to this Agreement are for the purpose of development of the Property and not for speculation in landholding. The Developer further recognizes that, in view of the importance of the Development of the Property to the general welfare of the City and the financing and other public aids that have been made available by the City for the purpose of making the Development possible, the qualifications and identity of the Developer are of particular concern to the City. 2. Restrictions on Transfer of Property and Assignment of Agreement For the reasons set forth above, the Developer represents and agrees that prior to the completion of Improvements as certified by the City: a. Except only by way of security for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the Property to perform its obligations with respect to the Development under this Agreement the Developer, except as so authorized, has not made or created, and it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City; and b. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval under this Section 5.2 that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer; and (ii) any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall for itself and its successors and assigns, and specifically for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and have agreed to be subject to such obligations, restrictions and conditions, provided that the fact that any transferee of, or any other successor in interest to, the Property shall, for whatever reason, not have assumed such obligations or agreed to do so shall not relieve such transferee or successor from such obligations, conditions, or restrictions, or deprive or limit the City of any rights or remedies or controls with respect to the Property or the construction of the Improvements and further, to the fullest extent permitted by law and equity, no transfer of or change with respect to ownership in the Property or any interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate to deprive the City of or limit any rights or remedies or controls provided to the City in this Agreement or resulting from this Agreement with respect to the Property and the construction of the Improvements that the City would have had, had there been no such transfer or change; and (iii) there shall be submitted to the City for review all instruments and other legal documents involved in effecting transfers described herein and if approved by the City its approval shall be indicated to the Developer in writing. In the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Developer from any of its obligations with respect thereto. The sale of any units within the Development to a homeowner shall not be deemed to be a transfer within the meaning of this Article V. 3. Approvals Any approval required to be given by the City under this Article V may be denied only if the City reasonably determines that the ability of the Developer to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. ARTICLE VI EVENTS OF DEFAULT 1. Events of Default Defined The following shall be deemed "Events of Default" under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: a. Failure by the Developer to pay when due the payments required to be paid or secured under any provision of this Agreement; b. Failure by the Developer to observe and substantially perform any covenant, obligation or agreement on its part to be observed or performed under any provision of this Agreement; C. If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Property; or d. If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order or decree appointing, without the consent of the Developer, a receiver of the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within sixty (60) days from the date of entry thereof. 2. Remedies on Default Whenever any Event of Default occurs, the City may, in addition to any other remedies or rights given the City under this Agreement, take any one or more of the following actions: a. Suspend its performance under this Agreement until it receives assurances from the Developer, deemed reasonably adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; b. Cancel or rescind this Agreement; C. Withhold the Certificate of Completion; or d. Take whatever action at law or in equity may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. 3. Revesting Interest in the City Upon Happening of Event of Default Subsequent to Conveyance of Property to Developer If subsequent to the sale of the Property to the Developer and prior to the issuance of the Certificate of Completion: a. The Developer or successor in interest fails to begin construction of the Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; b. The Developer or successor in interest after commencement of the construction of the Improvements, defaults in or violates its obligations with respect to the construction of the Improvements, including the nature and the date for the completion thereof, or abandons or substantially suspends construction work, and such act or actions are not due to Unavoidable Delays; C. The Developer or a successor in interest fails to pay real estate taxes or assessments —9— on the Property or any part thereof when due, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach; d. There is, in violation of Article V of this Agreement, any transfer of the Property or any part thereof; or e. The Developer or a successor in interest fails to comply with any of its covenants under this Agreement, then the City shall have the right upon thirty (30) days written notice to Developer and the Developer's failure to cure within such thirty (30) day period, to re -enter and take possession of the Property and to terminate and revest in the City the interest of the Developer in the Property; provided, however, that such revestiture of title shall be subject to the lien of any prior encumbrance permitted under this Agreement. 4. No Remedy Exclusive No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon an Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VI. 5. No additional Waiver Implied by One Waiver If an Event of Default by either party, which Event of Default is thereafter waived by the other party, such waiver shall be limited to the particular Event of Default so waived and shall not be deemed to waive any other concurrent, previous or subsequent Event of Default. ARTICLE VII ADDITIONAL PROVISIONS 1. Indemnification The Developer hereby agrees to indemnify and hold the City and its officers, elected and appointed officials, employees, administrators, commissioners, agents, and representatives harmless from any and all loss, cost, fines, charges, damage and expenses, including, without limitation, reasonable attorneys' fees, consultants' and expert witness fees, and travel associated therewith, due to claims or demands of any kind whatsoever (including those based on strict liability) arising out of (i) the design, construction, reconstruction, maintenance, repair, marketing, sale or leasing of all or any part of the Property or Development, including, without limitation, any claims for any lien imposed by law for services, labor or materials furnished to or for the benefit of the Property and /or the Improvements, or (ii) any claim by the State of Minnesota or the Minnesota Pollution Control Agency or any other person pertaining to the violation of any permits, orders, decrees or demands, at its cost with attorneys acceptable to the City. The indemnifications contained in this Section 7.1 shall be continuing and shall survive the delivery of the Quit Claim Deed for the Property, shall survive the execution and delivery of the Certificate of Completion for all of the Improvements, and shall survive termination or cancellation of this Agreement. Notwithstanding the foregoing, the Developer shall not be liable for nor be required to indemnify against liability caused by any intentional act of the City. 2. Conflict of Interests; Representatives Not Individually Liable No City officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. Voluntary donations of time, money, or materials by City officers or employees to the Development or to the construction of the Improvements shall not be considered a conflict of interest. No member, official, or employee of the City shall be personally liable to the Developer, nor any successor in interest, for any Event of Default by the City or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. 3. Non - Discrimination The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non - discrimination, and any affirmative action program of the City shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. 4. Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by United States Mail, postage prepaid and return receipt requested, or delivered personally: a. As to the City: b. As to the Developer: City of New Hope City Manager 4401 Xylon Avenue North New Hope, Minnesota 55428 and Steven A. Sondrall, City Attorney 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Northwest Community Revitalization Corporation Attn: Kristine Madson, Executive Director 400 Selby Avenue, Suite G -1 St. Paul, MN 55102 or at such other address with respect to either such party as that party may, from time to time, —11— designate in writing and forward to the other. 5. Provisions Not Merged With Deed None of the provisions of this Agreement is intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 6. Counterparts This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. [The Remainder of this Page is Intentionally Left Blank; Signature Pages Follow] —12— IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed as of the day and year first above written. City of New Hope as : STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public The foregoing instrument was acknowledged b fore me this day of 2005 by �� C� '� �- - ���r w�;_�... '�1c��jsF >o-and � c.�v��c rr> �..$��un-- ,the E, 'X e v�_. � i r e_a _ and s c,E..rd C. respectively, of Northwest Revitalization Corporation, a Minnesota nonprofit corporation, on behalf of the corporation. The foregoing instrument was acknowledged before me this day of , 2005 by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and Ci6 Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said corporate body. EXHIBIT A FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that Northwest Community Revitalization Corporation (the "Developer ") has fully and completely complied with its obligations under Article IV of that document entitled "Development Contract for 4317 Nevada Avenue North" between the City of New Hope, Minnesota and the Developer dated effective as of , 2005 with respect to construction of the approved construction plans and is released and forever discharged from its obligations to construct under such above - referenced Article. Dated: ) 2005. THE CITY OF NEW HOPE By: Its Mayor By: Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2005 by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said corporate body. Public wary Public JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1968 (763) 424 -8811 'J X � (See Attached Survey or map of 4317 Nevada Avenue North) N % O co �2 W� .r `o my N % o %M �c O� 0 % 6 w� 0 N 15 + North Line of Lot 25, ALVITORS SUBDIVISION NWIBER 324. +� S89 ° 49'10 "W 130.00 r ---------------------- - - - - -1 I I 1 I. I 1 S89 ° 49'10 "W 130.00 I __ - I — =- 130.00 ---`----------------------'-- i i 9 0° I 2 O M I 1 M IS I r -South Line of Lot 25, AUDITORS SUED /NS/ON NWfBER 324. I SBV49'10 "W - 130.00 1 —No th Gina of Lot 24, AUDITOR'S SLeDIV/S/ON NUMBER 324. 0 15 co co U� M I I 0 cq ( I N N I 1 N w I 589 ° 49'10 "W 130.00 - L - ( w n 684.16 Noah Line of Sec. r n 17, Twp.118, Rnq. 21. — h w� v I I °) (n o6 I s. -4 0 V) i I L-------------- `=----- - - - - -� S89 ° 49't0 "W 130.00 9 O ° ---- .--------- - - - - -- --- - - - - -� - r ------------------ ----- 130.00 --=------------------- -- -T -- s '00 15 I m i .� I 0. ° I CO I n I I 1 S89 ° 49'10 "W 130.00 I I 1 I I I . I l o ( `�� ( o M 15 - I I i L- ---- - - - - -o ----------- - - - - -� S89 °49'10 "W 130.00 - -- ^South Line of Lot 24, AUDITOR'S SLeD/VISION NUMBER 324. N M ra z �� Jp o � O o� W .t i LLJ —' 1 `I` ' L1J h m Z N� U� `o O W� 33 Drainage and Utility Easements are shown thus: I 1 5 5 nmr rn crni c — — S89 ° 49' 0 "E 684.16 Noah Line of Sec. r n 17, Twp.118, Rnq. 21. — h w� v N O I ' EXHIBIT B2 Legal Description The East 130 feet of Lot 25, Auditor's Subdivision No. 324, Hennepin County, Minnesota. (See Attached Construction Plans - including landscape value) SIMS PARK HOMES NEW HOPE, IVIN GENE J. NICOLELLI, JR. ARCHITECT CENej�NKOIEI.�/R A.I.A. Consultant DOCUMENTS 1. Genera cdneaor wM new m aeM vtXY eX mnamm�a pricy m eat Sin mX construcXan. 2. Tha dnwbgs pmvMed in hs package m4aln elc Mccbeal an,f- ali lnnWy. odasaMXpropuaem •daeoel dtawlrge r.WW for I* pmjea. 3. Tiro d-*W ere nxeaeally xharriatm aM do not Pumat ma- compmm avaearo. The COneam ahall mesa the .1mcl X bNMfdotkation m dmwirg(s) Is troroaealy e III,- a0uamn. 4. These Doeu st n dr aro not ahmi. d m aat0mke bedaen halos "- aPeaRXOY eo ated. 5. X snap be pro - g -IMety eero Cateomr b crock pro mc1111eaurel d,.whpe been the bedllatbn erne aK.Inal. madro ' plumbbg and alecmca wale e. In _. w 0. drevdngs do not eddt- tneboddopy, aro Cmtra .heeWboundmparmnnbatrictmmpk- winmenulecmreysspecbcammatd+a remmmtxlatlons. 7. In pro eyes tha caldin fesbaes a the onaln .ere the bay shown on pro 0-hp, Xrotr oombuc§nn 0.0 be a pro same dMadla as *Nbr doaeeorw that ere shown m n0W. e. Wherever opeatgs to M thmuph N"haj penebm, X MA be Oro reaponaibiliry erne mrteam for whom IM has b cut In path and spar any oPan*v m memmln the Mepky reed- b"noon. WAC WORK 1. PnrMd -*I, deaipn Ix ki m.O.nl I ay-m roq on,,l by ne CRY of New Hope. 2. Cantrector shad hew papered an entgy amVb- mp. ,e e m the CliyI"a- 1h Mlnmwd "- Cade PLUMBING WORK 1. Pn v mrnpmle deaVn/"d tnecheniml ayaem ea ,.pared by the CRY a New Hope. ELECTRICAL WORK 1. PmvMe mmpmte d 1,;nllb M ebcbiul syabm ve mquked by na CXy a New Hope. VERIFICATIONS i. TM Ca+becmra s1roX vbN end Inspect tla alb a� taMmrize tlromesNeswM Xis ad mriaXOre, erM aady Xiaee dmumeas aMy belwe ameein9 bwadc m the Prdea. Then epreemanl bwak m thalobmm verif Ibn Xiet XiaY new w smEbC be aXe W tlx doapnenb. 2.The Contracmrsh WI MrgmXa w anecne tlro ArWnett e m dla Menejob hltdmM d NOna,atryanon, ammbltma, mdc . ThaC on oormen I ni dMf t M ae I lwl aeMCea. The Ctracbr eheX be hem IeeporwlNe far tlro cm eany w a b aaepanaea, ta L. whmh Xro Cone aormped b mMy Xis ArehXect befae mnalnxtlar am]a faMmeem etlrowodd 3. AtdMeadoea not puarende tlro Connaaays ptmrmence mayor .In taa a the ramie, donxnenb MeX reNew the Cn Ission nom londp b thenegilpace am dakvl a mmmbsbn a ro a the Conbaaa. 4. The Archeeawl0 m16e reaPdnXae fa and wM W have mnnol ovt mnsbucLbn mxxn0. matlgds, last ni'l -. aegemes,a procedures. a mr saay prec ansand prognma --6w *1 pro work and wM no1601aaPXXabb 1t pro /spore a the Dlda a draws Cmfroctor, Sub-mntradon, «anyone Permrting any a pro work, b cent out tlro wak m amermme wln nb spprevad arotra aad,ntrd. S. Conbaoton eha0 mane Iha aX work b dtro b e prof -soma wanmaaRe a- by "ad mwhm" and and PI- any m.Wl b a Hama damaged by CaNecmre nollaad thatthat "ereb ens cwp fuM wen mw dtbg pro mane a mnansroan m dettmina pro axed aMtX entl m Pe pm. a aeon dnera wak endb C o,,v uey n avnpbb hl axeadmnethe wak. k"m0ons woncmemnro wM be equally es kwpeclbm by loml euthoaba, krMXg - dna, "l Arry aro b a eX a the above y fl- a ed Inspedae mays pact w,„kaawnro a a Xme tnd.m mnedem. neeaea m enhance Xis aiaMY ebaMmp wM be dorm kmrrodbbly. 9 .Conga« and uaa-Ian contra method. cf l%V. mnwtmctlar eXro PmJea. 7. Conbecmr m memtan rasa has a waaa nwne e , aebda, and nkbh. Mandan, ad F• dean InA oNtly cwMkism. 1. SITE LOCATION: NEW HOPE, MN NORTHWEST QUADRANT OF 43RD AND NEVADA II. ZONING A RS III. BUILDING CODE REQUIREMENTS: A APPLICABLE CODES 1.2000 INTERNATIONAL RESIDENTIAL CODE (UBC) WITH MINNESOTA AMENDMENTS 21991 UNIFORM MECHANICAL CODE (UMC) WITH MINNESOTA AMENDMENTS 3. CURRENT MINNESOTA PLUMBING CODE 4.199&2000 MINNESOTA ENERGY CODE 5.2002 NATIONAL ELECTRICAL. CODE (NEC) S.20M MINNESOTAACCESSISIUTY CODE S. OCCUPANCY GROUP: ONEAND TWO FAMILY C. CONSTRUCTION: V-N T1.1 TITLE SHEET SPIA ARCHITECTURAL SITE PLAN STRUCTURAL NOTES. A7.1 FOUNDATION PLAN PLAN W INTERIOR ELEVATONS All MAIN FLOOR PLAN DOOR SCHEDULE A1.3 UPPER LEVEL FLOOR PLAN PLAN W INTERIOR ELEVATONS ROOM FINISH SCHEDULE A2A 1ST FLR. FRAMING PLAN FOR BLDG. ELEVS. i, 2 8 3 Certification Ibw,bydwW sr eysPwy .e.ar n > rwenw a pmearad a tlW I amada!/ Itapwwrad Aa1MM waw ew Mwn a tlw bdw a MMwa4 Pro Title SIMSPA HOMES New NOeEMN PROJECT FOR PRIDE IN LIVING 1035 EAST FRANKLIN - MINNEAPOLIS, MN 55404 RICK BLACKMON 612 -455.5218 FAX: 621.4555101 OWNER: NORTHWEST COMMUNITY REVITALIZATION CORP. 400 SELBY AVENUE, SUITE G -1 ST. PAUL, MN 55102 KRISTINE MADSON 651 - 298 -1903 FAX: 651 - 298 -1077 ARCHITECT: GENE J. NICOLELLI, JR., A.IA, ARCHITECT 5950 -H TEAKWOOD LANE N. PLYMOUTH, MN 55442 GENE NICOLELLI 763551 -9357 FAX: 763351 -9357 CIVIL ENGINEER: JOHN OLIVER & ASSOCIATES 580 DODGE AVENUE ELK RIVER, MN 55330 BILL MOONEN 763 -441 -2072 FAX'. 763-4415665 STRUCTURAL ENGINEER: KRECH O'BRIEN MUELLER WASS 6115 CAHILL AVENUE INVER GROVE HEIGHTS, MN 55076 MICHAEL LISOWSKi 6514514605 FAX: 651451 -0917 A2.21 2ND FLR. FRAMING PLAN FOR BLDG. ELEV. i ROOF FRAMING PLAN FOR BLDG. ELEV. 1 A3.1.1 BUILDING SECTIONS FOR BLDG. ELEV. 1 SEPARATION WALL FOR BLDG ELEV.1 A41.1 EXTERIOR ELEVATIONS FOR BLDG. ELEV.1 COLUMN DETAILS FOR BLDG. ELEV.1 A42.1 BLDG. ELEV.1 SIDING/COLOR SCHEDULE BLDG. ELEV.1 ROOF PLAN A2.22 2ND FLR. FRAMING PLAN FOR BLDG. ELEV. 2 ROOF FRAMING PLAN FOR BLD'G. ELEV.2 A3.12 BUILDING SECTIONS FOR BLDG. ELEV. 2 SEPARATION WALL FOR BLDG. ELEV. 2 A4.1.2 EXTERIOR ELEVATIONS FOR BLDG. ELEV. 2 COLUMN DETAILS FOR BLDG. ELEV. 2 A4,22 BLDG. ELEV.2 SIDINGlCOLOR SCHEDULE BLDG. ELEV. 2 ROOF PLAN A2.2.3 2ND FLR. FRAMING PLAN FOR BLDG. ELEV.3 ROOF FRAMING PLAN FOR BLDG ELEV. 3 A11.3 BUILDING SECTIONS FOR BLDG. ELEV.3 SEPARATION WALL FOR BLDG. ELEV. 3 A4.1.3 EXTERIOR ELEVATIONS FOR BLDG. ELEV. 3 COLUMN DETAILS FOR BLDG. ELEV.3 AC2.3 BLDG. ELEV. 3 SIDING/COLOR SCHEDULE BLDG ELEV. 3 ROOF PLAN ASA TYPICAL BUILDING WALL SECTIONS A5.2 ARCHITECTURAL DETAILS E1.1 BASEMENT ELECTRICAUMECHANICAL PLAN E1.2 MAIN LEVEL ELECTRICAIIMECHANICAL PLAN Sheet Title +Title Sheet • Pmject Notes I• \i•L\ii I• \i•].ili• ai��� 1 1 r�j j I I 0 mal . Nino L T J I= A '----- — NORTHi G ENE J. NICOLELLI, JR. ARM= l GEMI.WoLmIum- Consultant Cc========= Certification W Prot ect Tile SIMS PARK HOMES new fore _ 111122:1=� Sheet Title Site Plan + Structural Notes co�ll Revisions s fie. zoos AP1 J-02 .23 all �� o tttt INCR ILE GENE J. NICOLELLI, JF, ARCHITECT c.nsuftant KRECH, YBRIEN, MUELLER & WASS SIMSPARK HOMES N" Hom K 11=� Sheet We - Foundation Plan + Plan B' Interior Ekm. r'_'� rr ------------- ���li IEL'- Sj 11 01,01, AMA IM M Kill err '� i�� is Jim J INCR ILE GENE J. NICOLELLI, JF, ARCHITECT c.nsuftant KRECH, YBRIEN, MUELLER & WASS SIMSPARK HOMES N" Hom K 11=� Sheet We - Foundation Plan + Plan B' Interior Ekm. m C&lEJ� AlA Consultant Certification Inrro,c«Yrdr.+.a.. .rid tt�etlem.EW,'N.C�.lasd MnrYOe. a SByiS PARK HOME S NBY XOPkM Sheat Title + Mein Fluor Plan Door Schedule + Floor Pion Keynotes D D ... A1.2 _x .23 daL'a� u W. ... - _ , . go mazzaa mmmm scum i.�go01=3mE—.o.v "IE=AU3E—M W�gi© s. =0�l>r,mmm =KZ=Nm.MKKMEM© r am Nana U3 moulEm KEE= ® X1 5111 ® am am�0gmzm EEO ® 111111121 mm mmm HIM �i a 1301=5ZA �0�Will W ill 0 1112239A = in go lummil WA mmm ®wzm:zm"—, ®V REMARKS HARDWARE 1 GENERAL DOOR NOTES 0 ME LOW a6m O��tu m�o .. ..,. TO !�RAMING PLANS FM RELOCATION AND SIZES EFER INDOW MAIN LEVEL FLOOR PLAN f(Y�i m C&lEJ� AlA Consultant Certification Inrro,c«Yrdr.+.a.. .rid tt�etlem.EW,'N.C�.lasd MnrYOe. a SByiS PARK HOME S NBY XOPkM Sheat Title + Mein Fluor Plan Door Schedule + Floor Pion Keynotes D D ... A1.2 _x .23 daL'a� u W. I � � ' I s. r I � C&lEJ� AlA Consultant Certification Inrro,c«Yrdr.+.a.. .rid tt�etlem.EW,'N.C�.lasd MnrYOe. a SByiS PARK HOME S NBY XOPkM Sheat Title + Mein Fluor Plan Door Schedule + Floor Pion Keynotes D D ... A1.2 _x .23 © o MEN N ILAIW M M M M M M C I■ iii © o N PLANTP WALL FINISH 011-110 1INIS4 owner ceew -n.wa• FLOORING WWEINO Y.. GENERAL FINISH NOTES gg M 1,06 LIM 0 GENE J. NICOLELLI, JR. ARCHITECT ==EEP Certification . ey e vwmye`.a.uwwon pmlect rate SIMS PARK HOMES NaW s.- cmmmmmm� Sh.etTitfa F Upper Level FlwPlan Plan WintemirElev. .FinishSchedule Revisions EJN Al,a C===== G ENE J. NICOLELLI, JR. ARM= I Consultant KRECH, YBRIEN, MUELLER & WASS Certiflcadon Project Title SIMS PARK HOMES Raw Hm,- Sheet Title First Floor Framing For Building Elevations 1 1 "� Revisions EM Mr n, zoos A2.1 21-23 C===== W. F1 PIER SCHEDULE MARK Sim — — — — — — Pi GROUT I CORE SOLID P2 GROU 2 CORES SOLID P3 GROUT 3 CORES SOLID 7 Z� NORTH I ) FIRST FLOOR FRAMING PLAN G ENE J. NICOLELLI, JR. ARM= I Consultant KRECH, YBRIEN, MUELLER & WASS Certiflcadon Project Title SIMS PARK HOMES Raw Hm,- Sheet Title First Floor Framing For Building Elevations 1 1 "� Revisions EM Mr n, zoos A2.1 21-23 C===== GENE J. NICOLELLI, JR. ARCHITECT =3 Consultant KRECH, O'BRIEN, MUELLER & WASS Cewtfficcauon Pro T118 SIMS PARK HOMES NBw a0,Aw m Sheet Title • 2nd Fir. Framing Plan For Bldg. Elev. I • Roar Framing Plan For Bldg. Elev, 11 Revisions oaso PRY A2.2-1 o7.23 c====== J� we 40 7� -- P 1- - & TRIMMER TZIN W 0 0WDWJDR.WEN NORTH NOTE TRUSS HEEL TO BE V� UNLESS NOTED OTHERWISE ROOF FRAMING PLAN - BUILDING ELEVATION I SECOND FLOOR / ROOF FRAMING PLAN - BUILDING ELEVATION 1 GENE J. NICOLELLI, JR. ARCHITECT =3 Consultant KRECH, O'BRIEN, MUELLER & WASS Cewtfficcauon Pro T118 SIMS PARK HOMES NBw a0,Aw m Sheet Title • 2nd Fir. Framing Plan For Bldg. Elev. I • Roar Framing Plan For Bldg. Elev, 11 Revisions oaso PRY A2.2-1 o7.23 c====== 7 �WA MAL— ENTRY GA T BASEMENT BASEMENT L--j PLAN'S' PLAWN BUILDING SECTIOWAN - ELEVATION I AT IC .. .. ... .. .. ...... .. BEDROOM # BE 3 DROOM 3 GROOM IF —.E GARAGE E i T1 1 / I NOTE PROVIOE VERTICAL — 570 ALON L ENGTH -P] PLAN'B PLAWK PARTY WALL @ GARAGE 121 PARTY WALL LIVING ARE 11 PARTY WALL SECTION - ELEVATION 1 BUILDING SECTION'BB'- ELEVATION 1 G ENE J. NICOLELLI, JR. ARCHITEC I cmj.�LuKA— Consultant MMVbmit Project Title SIMS PARK HOMES N-om- COM�l1111 Sheet Title + Bldg. Sections -Elev. I + Party Well Section - Bldg. Elevation I Revisions A* a— GENE J. NICOLELLI,JR, ARCHITECT Consultant Certification p. rap -1 n..— _0 Protect TIUa SIMS PARK HOMES Sheet Title Building Elevation 1 Porch Column Sections GENE J. NICOLELLI, JR. ARCHITECT Q-11ant Certification Pm Title SIMS PARK HOMES NEW H.m— 00000 0000 -- - - Sheet Title • Building Elevation I Siding /Color Schedule • Roof Pion - Bldg. Elev. I "Ov —on$ EJH u. Aeyte. A05 O &4.2j- -.1 ". C====== Rod-. GAF ThbwU. C,,,or Ste. Y— W�: C SkAoU:wow�-4XDUWft Color C MSWgW.Nd.-4.WC1"l—1 Color, Al—d F C—Tft: W.1—h. 3 lrT Co4w. F. Coo— Tft: Wolwf- 3 IV VOWNE WA Color. Aknond color. St H, mw Cwft Trhn SamodlCoMm Color Mh Lm-lSofft,& � C"'o Color. Yvhb J. MeW Clad F..Wffl.� Board Color. WNW r K%W G—P D— Color Wt& BUILDING SOUTH ELEVATION L Soby Door M"onft Acolknalad TYW STC color. S"w awn 1048 Wo I wor Bow. euM IMI White (IoUoW) D..."� sloloft Cdolo�r. W"'t' N, C�ble Vmo� Wd-Am.� [or. Yvhb 0.0~ a, D—lout Color.. vvtlb lip BUILDING 1 - ROOF PLAN It, m r/0 11m1w1m1w1w1m1m m FwTm T M Tm Tm w =7 FmTm FwTm i DBUILDING I - NORTH BUILDING I EAST ELEVATION GENE J. NICOLELLI, JR. ARCHITECT Q-11ant Certification Pm Title SIMS PARK HOMES NEW H.m— 00000 0000 -- - - Sheet Title • Building Elevation I Siding /Color Schedule • Roof Pion - Bldg. Elev. I "Ov —on$ EJH u. Aeyte. A05 O &4.2j- -.1 ". C====== GENE J. NICOLELLI, JR. ARCHITECT C======= Consultant KRECH, O'BRIEN, MUELLER & WASS Certificalion Project Tithe SIMS PARK HOMES NBN ..m- • 2nd Fir, Framing Plan For Bldg. Elevi 2 • Rwf Framing Plan For Bldg. Elev. 2 Revisions UN Nya e, loos A2.2- 2..11. - r l--- --- I—Ill Ems mom mom ff-511111 WZW'd Com mow �� o ROOF FRAMING PLAN - ELEVATION 2 SECOND FLOOR i ROOF FRAMING PLAN - ELEVATION 2 GENE J. NICOLELLI, JR. ARCHITECT C======= Consultant KRECH, O'BRIEN, MUELLER & WASS Certificalion Project Tithe SIMS PARK HOMES NBN ..m- • 2nd Fir, Framing Plan For Bldg. Elevi 2 • Rwf Framing Plan For Bldg. Elev. 2 Revisions UN Nya e, loos A2.2- 2..11. - r l--- --- I—Ill ATTIC TTI t I RA'r HALL MASTER BEDROOM BASEMENT BASEMENT PLAN • 8 • PLAN' BUILDING SECTIONAN - ELEVATION 2 BEDROOM #3 BEDROOM r2 GARAGE GARAGE INOTE VERTICAL =.1.1 PROVIDE PARTY WALL ...GT..l PLAN'S' PLAN' PARTY WALL @ GARAGE 12 1 PARTY WALL @ LIVING AREA PARTY WALL SECTION - ELEVATION 2 1t2 ^ = r o^ BUILDING SECTION'BB' - ELEVATION 2 [ GENE J. NICOLEL:LI,JR. Co CT ARCLMECr Consultant Certification P M SIMS PARK HOMES NEW HOP &MN SheetTftle + Bldg. Sections-Elw. 2 +Party Wall Section - Bldg. Elevation 2 __L-IsIons Ayve S, NOS 9. OAR- 1MMwAwrnpwam MYgM � 2 IMW NLQM a+v t.! wooOMxIWnP 1. AnwiwH -Qnd Sda9y�IWn.'«iAC wmo'.aErtwlwR a aN+enaro a« tn..a..m«.. .n e.wse�ea.a 1. VxM.�c•s«smpcac.s�+diA. brNnapya a > tmwM wnerMm o. avr.a,„.�.armem ta+ww� n.Aww ew..aaA t x Aw w n. ma ro ar w. a. e M o.W b+o w.mm uo.e ta e.�mu n.. -wmxm u. At.0 aw+o ow' t.+ ra. mm ow. mo ewoaw�•wmw.mawe. tanwwmmoosve..wamm Aedna �.in r Nyn iureeu mw A.wa.eeseaee.aam n. camo.in w...i.weN to. AteW n.d+v 2 - SOUTH ELEVATION vs =r o ❑ KEY NOTES wwero"°R p.w ooMrw�. 4 _".. L 7 1 a.� .n.�.vnn ia.mm." �. AMAp a mdm.enn P1AN VIEW (ft- taro.awl a.Ao-nasweaa+v +ear a,ro�. PLAN 'B' PLAN'A' FLASHING NOTES ELEVATION 2 - PORCH COLUMN /ROOF DETAIL wp tlw GOlMiialbaAg4M wrxwa. IA�Rw~.l —_ -- CIIATi(lAi AIl1TC GENE J. NICOLELLI, JR. ARCHITECT G9Vel NICOIEIL.IRAIA Certification IewuywnHnrmropRR, RntlOMlem•MdyPpbkM Ar nnennwe.wsau,. sense NhmaaoY �e SIMS PARK HOMES NOW froPC MN � She ®t f + Building Elevation 2 + Porch Column Sections �n�.n�►a�aal� mom ! JV1 - ilm--mm,04 O WON XRO.GAFTImEedme — — — — — — ROOF VENTILATION CALCS Came: Heet. B. Campo SI . Balder Creek =41 W.W.blc PwW.— C, Sdno: WOWdo, - 3* CWbowd color. C—ary sumwe — — — — — — — — — D. $Wft: Wd—[ - V MpE ,d coor. E. C— Tdm: WoNWI. 3 173 • Cda: s— — — — — — — — F. C— Td.: W-1. 3 117 Cd .. S- 0, WW.WD— T*. W.Wf- 3 1/r color. SpaM K WWI CladTehn BowdCAmn Cdor: Wfift. L m.w S." & pale �ffim Cola: Vfts J. M.W C1.d F—Wftlp Baud LL— caa:wdn KM"Ge D C.1- Whin �O.F.NOTES L E,by D—. �N, Aod�Wd Typ.: STE 13 y B. —1 Beyer a.: 1 oo1 whft(kwb,) K D-01. 81.*. Cd-. Whft N. G.hb Ved: N Cabe: Whft — — — — — — 0. GudW Wid D—pM CO(Or. vvhfto I r( nP ICP:V Kf(')TrQ 111111 r)lKlr 9 pr)nr: pf AN G ENE J. NICOLELLI, JR. ARCHI'T'E I Gs ;.N1OOL&UnL— Consultant Certtffcafion •w m�n.ar• P,iect Title SIMS PARK HOMES .M.- Sheol T11, • Building Ele tlon 2 Siding/Colo' Sd*dule • Roof Plan • Bldg. El— 2 R"sbns EJN GENE J. NICOLELLI, JR. ARCHITECT 4RNE l� ®MmtEUL M .�.�w. Consullant SntUCNRAL @Ia1NfERINO KRECH, OBRIEN, MUELLER & WASS a � nwq• mna,• e.r ens qen, .peenonoa a.00n,re. a.w.a ey.. orwar m,mwmo«w�� btlwll.nsIXYysylMeE Protect rale SIMS PARK HOMES M4Ws E,w S heetTMe • 2nd Fir. Framing Plan For Bldg. Elev. 3 +Roof Framing Plan For Bldg. Elev. 3 O Revisions O - ...n.YU,zaos D i/ I� I�� :I 1 j ,• e WSW man 4� z �j 136 VR ROOF FRAMING PLAN - ELEVATION 3 SECOND FLOOR ROOF FRAMING PLAN - ELEVATION 3 GENE J. NICOLELLI, JR. ARCHITECT 4RNE l� ®MmtEUL M .�.�w. Consullant SntUCNRAL @Ia1NfERINO KRECH, OBRIEN, MUELLER & WASS a � nwq• mna,• e.r ens qen, .peenonoa a.00n,re. a.w.a ey.. orwar m,mwmo«w�� btlwll.nsIXYysylMeE Protect rale SIMS PARK HOMES M4Ws E,w S heetTMe • 2nd Fir. Framing Plan For Bldg. Elev. 3 +Roof Framing Plan For Bldg. Elev. 3 O Revisions O - ...n.YU,zaos D Amc -BEDROOM BASEMENT BASEMENT PLAN'B' PLAWN BUILDING SECTION'AA'- ELEVATION 3 ATTIC L SEDROOM#3 BEDROOM nor GARA GARAGE GE NOTE PROVIDE VERTICAL 5i_V7TT0jP ALONG L EN GTH ,.'A. __ _ r� PI V PLAWN PARTY WALL GARAGE: 121 PARTY MAZE @ LIVING AREA E -4 PARTY WALL SECTION - ELEVATION 3 11/2'=l'-O'l BUILDING SECTION 'BB' -ELEVATION 3 . I G ENE J. NICOLELLI, JR. ARCHITE CPliE I J. -M A.I.A Consultant CeRiucauon M, Pro tect Title SIMS PARK HOMES NEW ll � Sheet We -Bldg. Sections-Elev.3 + Party Wall Secuo - Bldg. Elevation 3 EM Revisions r 1. MR- TrnE.M�wnq«KOn N}pM m4 --sy- 10. —1— r -- -- -- :2 -- -- -- - - - - -- -- «a m.mm.aaomwma GENE J. NICOLELLI, JR. ARCHITECT Consultant zmm� Certification Project Title SUMS PARK HOMES .soM- heet Title- Building Elevation 3 + Porch Column Sections �� / j iii �lij, � ` o 0 %ice j �i% / i % ;'s � % no ON A Roof. GAF Tlmbergne C.101. Pawlar 9. CMV*Swe St": BMWN cnn* WafWor. Ohio RUbb4 - HW Be W�bw MUq. T. C. slop: WoN -R clapi—M Cd-. VYhlk. D. Siding: W.Nwk- - V CI-Pb—d color. Snow E. C— T1W- WOWdm 3 1/3' colw S— F.can—Tft:W0. 3113 color. snow (I WndnMDoor Td= W*ad. 3 12' Col". Straw H.MaW Clad T BWnYCdUM cd- Mod I. m1w sum l porch celfing C.l.r. Whb J. M-1 Clad Fm WO.W 8—d Color. Whm K M.W Garage D— C.1-. Whim L Envy D— M—nft Acdhndidd Type: STE Color. Bayer wat Ion Cd— Rd c,do,. Beyer Su IMI Wh (Inbm* M. Shutter C.I., Wkmeeny N. G Ve WdAmedra ROOF VENTILATION CALCS ROOF NOTES G ENE J. NICOLELLI, JR. ARCHITECT 1. N—IMU J- Consultant Carfillwtion MFaiawLL Project Title SIMS PARK HOMES SheetTifie • Building Elevation 3 SidinglCokir Schedule • Roof Pian - Bldg. Elev. 3 .... .. ... . Revisions ad.2-3 LIVING AREA M== LIVING AREA GARAGE AREA LIVING AREA GARAGE e tG GAR, r =o UT wr lZEI' RTOW E=,r F O R SECTION ..X T, FOFZADDITJO�I�Wn lEA 0.EFER TO WALL SECTION q2 HO USE TO AT 131 AT CO 121 PLAN W- HOUSE TO GARAGE 51 PLANW-M) TWO STORY CONDITION ONE STORY CZ) TlQN AT GARAGE TYPICAL WALL SECTIONS - VARIATIONS MAY OCCUR BASED ON ELEVATION TYPE G ENE J. NICOLELLI, JR. ARM= I 12 Consultant G- KRECH, YBRIEN, MUELLER & WASS Certification SIMS PARK HOMES NEW ..M- Tltle Typical Well Sections W11011101milm= GENE J. NICOLELLI, JR. ARCHITECT Consultant sraucrvsu. ee+omeesrMa KRECH, OBRIEN, MUELLER & WASS Certification i n.wbrmnxreruwdn by .wdnuum, >.ewrtwaso-.od.. M�a.n»r..ar» MiinsuM1. Prolect Tithe SIMSPARK HOMES maw m- WINDOW CASING w PONY WALL CAP DETAIL Sheet Title +Architectural Details rar•vn�r.�wara ��r•er.r_ r•�r_r.tr•� r GENE J. NICOLELU, JR. ARCHITECT E====== Consultant Cerfifimflon ZN.M11 d* R.RI.«w Nis— SPAS PARK HOMES NE.Wm— Fheet Title - Besemnt Elec. Plan LIGHT FIXTURE LEGEND • MONO w EM t i T-1 1 L - - -1-1 n ELECTRICAL/MECHANICAL NOTES ELECTRICAL WORK = 7 Z PrmId. wA.,g—d WW".W01W, W. Mph—c....b—to—I....hpmpwty. ELECT fM UNKIERS& DESIGN GUIDELINES FOR PLAWN I.AUwAtmMsdwbeA,9mm9K tube � flats fl 2.W —.ftd� Wba-.WOUbeb 3.AHou#eft,pW�js*c".�IoWMnkwm 15*.b—f.Khff—. 4.AIW-,ft0—WWI.9&. MECHANICALIPLUM INGVKM 1. P—ift c ,"* ftog. ayslem 2 Pmvlft IpIeW cink0buIld pkpngft any mbm (or ft� �ft Weak It. *" I-bm OrAsh b--t dab fw,l Wdinp. 4. okmmm. f.-v M N grade W'-.I brew st NORTH BASEMENT ELECTRICAUMECHANICAL PLAN GENE J. NICOLELU, JR. ARCHITECT E====== Consultant Cerfifimflon ZN.M11 d* R.RI.«w Nis— SPAS PARK HOMES NE.Wm— Fheet Title - Besemnt Elec. Plan GENE J. NICOLELU, JR. ARCHITECT J Consultant Certification eae NYmsda Pr, T"I SIMS PARK HOMES NaW ROAR - lll� Sheet Tlft - Main Loyal Elec. Plan LIGHT FIXTURE LEGEND I F� L w w M r ER cl- -4= C 4 ELECTRICAUMECHANICAL NOTES ELECTR WORK ..M� d"19"u m � n d— �,: P-Ad. � oam wft IL 3. �.nd ry m mdlvitluN aiecakeL ee E LECTRICAL UNIVERSAL DESIGN GUIDELINES FOR PLAWN 1. M Wtct— 0— b.4. deaaovbt emww M S' a bove Wlh 2. wt— —wdups 3. AN P= Ik =bor et¢ W b. INN— M"" k 4. AN fight -fth. W W Tonle. MECNANICALIPLUM ING WORK 1. PmvWs canplt dostr6uNd naa IW 2. PmIft wn*b dNIIW"W pknbhv r - - -- - - - -- ' � YM— aoegnmreeewmelemon mekotm b.n.manc Ub.. f—swildkv. - -- - -- w of gne W,* lotw at NORTH MAIN LEVEL ELECTRICAL PLAN GENE J. NICOLELU, JR. ARCHITECT J Consultant Certification eae NYmsda Pr, T"I SIMS PARK HOMES NaW ROAR - lll� Sheet Tlft - Main Loyal Elec. Plan GE NE J. 1( NMCOLELLI, I ARCHMICTI Consuftant Cert I dy P,Glect T19a SIMS PARK HOMES NEW HOPE, MN Sheet Tina Upper Level Elec. Plan LIGHT FIXTURE LEGEND w Ea cm 9 A ELEGTRICAUMECHANICAL NOTES ELECTRICAL WORK Pnwid. sample cl- lgnllM vloclW sy-roro. z. c -abren tenure Ibnb. 3. N.M. ,d.V—W hdNidllechtal. caM., mid plmm —d W- mch pap" ELECTRICAL UNNERSAL DESIGN GUIDELINES FOR PLAN'N 1. M - — dam bell, ti—Ill *te b b, +46. abaee .g._ 3.M iYb— WM 11—. 4. AN Il9td -ftt- W b. tMW. MECHANICAUPLW INGWORK 1. Pmvk% —pW% d.4*uUd mod —kal gala-. 2. P—Id. —0 dm0*.W PMIVrg 3.D.Igrfo— bw*d h b--1 — ZY ".. W—P.— -I - - W"MIh.W.tin -Mea6 - Mbh bwm— ,lab M all hAlInp, 4. DId.W d ..P NORTH UPPER LEVEL ELECTRICAL PLAN 1/4'=1'-O GE NE J. 1( NMCOLELLI, I ARCHMICTI Consuftant Cert I dy P,Glect T19a SIMS PARK HOMES NEW HOPE, MN Sheet Tina Upper Level Elec. Plan E iI r I r �\ r . r 1 , ------------ - - - - -- - I I \ 91.81 1 1 IEmB ` \8 \.01 I \ 1 / I ------------------- 111 / 11 �� rr68 l 88 .75 � CONSTRUCT P FOOT NIGH RETAINING WALL 1 1111 TOP EL 698.0 SOT EL 697.0 , i 1 1 / -- ,S.E9 49'10' 130.00 1 \ ,I CK 697.8 TOP OF 84q ( W I `— 111 i 896.5 GAR FL. I i l iii 11 i I� III 1 i I' Z 2 � '- I ------------------ - 1 846.5 TM QF'9LOCB ...09a� _ 5 T— — 895.2 GAP. FL I c.. , I 18B5.2 TOP OI ^ iI r I r �\ r . r 1 , ------------ - - - - -- - I I \ 91.81 1 1 IEmB ` \8 \.01 I \ 1 / I ------------------- 111 / 11 �� rr68 l 88 .75 � i I I 1 1111 1 \ ,I J\I 1 ( tu 2 � '- I ' - -- - - - - -a PRIVATE DR - . -- y�` --- - - - - -- 3 WE 43RD AVER N. , - - --I- `- I INSTJLL EROSION CONTROL MEASURES PRIOR TO SITE GRADING. CONTRACTOR MUST CONTACT 'QOPHER STATE ONE CALL' (65h/84 -0002) FOR LOCATION OF EXISTING UTIJT6S BEFORE START OF CONSTRUCTION. LEGEND E—n x raao me...e san B«nw� ' .n ONeam N 9 ...p9. 9.ne1a tlnllt M Rlunba.. / OH P�mN N o zo ao ao SCALE 1N iEEf i 89'49'10' W 13D.00 - -- -- ---- --- --- ---- I I I i I I --------- - - - - -- - - -, 1 I s ev'4w'ia' w iJO.ao i moons " `— REMOVE ExISTM SAN SEWER SERVICE -------------------- I r 1 u I C I I I I I 1 I 1 J --------------- - - - - -} I t r a i CONSTRUCT MH 100 OVER E,.N wN.�w W I � I i O I L I I I I I i / 1 ---------------- - - - -�— O CB 10 c RE -------- - - - - -- — I ------------- - - - - -- —I— I I i 89'49'10' W 13D.00 - -- -- ---- --- --- ---- I I I i I I --------- - - - - -- - - -, 1 I s ev'4w'ia' w iJO.ao i moons " `— REMOVE ExISTM SAN SEWER SERVICE + gg IE a B LINE :.: VERIFY ��) REi .. ,.. LOCATIONry E)GSTNO STORM SEWER. 06 IE�B5.b0 CONSTRUCT MH 100 OVER E,.N wN.�w MH 1oo CASTING R -4.742 O .. RE 8820 IE 8808 ( VER"I PRIVATE DRIVE �pp / 1 ---------------- - - - -�— 9 ww.w [+'M w4 stn -------- - - - - -- — I I. CONNECTION TO WATERMAN (TYPICAL) I I _ _ , ---t 4" PVC SADDLE TEE (TYPICAL) WALL NEW CORM STOP ON EJOSTm WATER SERVICE VERIFY CONDITION OF EXSTINO SANITARY SEANCE. RElAE TO BE APPROVED BY i PUBLIC WORTS I. TION STOP I u LF 1" COPPER SERVICE I" CUR13 STOP • Box .L TYPI AI e(• S� T,`gY SERVICE 4" SADO.E TEE -- S 25 LF 4M PVC O 1.0% IV �— REMOVE EOOSTINO WATER SERVICE TO CORP ORATION STOP. INSTALL NEW B OX SERVICE INSTALL NEW 3 W,E \ ' 43RD A E� M� I I I I j maim L) CONNECTIONS TO ETOSTMO WATERMNN SHALL BE DRY. NO WET TAPS PERMMTTED. 2) CONTACT CITY OF NEW HOPE PLQX WORKS TO SCHMXLE CONNECTIONS, 3.) REPAIRS TO EMSTNO STREET SHALL CONSIST OR I . BIT. WEAR COURSE 2" DOT. BASE COURSE 10" CLASS 5 CRUSHED LIMESTONE N ZO 40 60 SCME M FEET S E 8 Tiax g p Fa 1 n a og z 0 z i-a W z a o E;, .Ca QW VGEr F 0a Z - cnx � 1 iw 3a� NZ I 01 - zy w w WU NO. / i " 3 Ou n. e'wu6 ua w.w .Q Mrs ttswlt wn.- xN.M E,.N wN.�w �pp Owiw 6Htlw M1w M wq MWr 9 ww.w [+'M w4 stn ® u"w.. twnne�ww�xw.ry +w.".�c maim L) CONNECTIONS TO ETOSTMO WATERMNN SHALL BE DRY. NO WET TAPS PERMMTTED. 2) CONTACT CITY OF NEW HOPE PLQX WORKS TO SCHMXLE CONNECTIONS, 3.) REPAIRS TO EMSTNO STREET SHALL CONSIST OR I . BIT. WEAR COURSE 2" DOT. BASE COURSE 10" CLASS 5 CRUSHED LIMESTONE N ZO 40 60 SCME M FEET S E 8 Tiax g p Fa 1 n a og z 0 z i-a W z a o E;, .Ca QW VGEr F 0a Z - cnx � 1 iw 3a� NZ I 01 - zy w w WU NO. / i " 3 1 1 I � �I J�j 1 i F�w i i I i f � f W � Z f I i 4880 AVER flt N 0 2G Ao BD SCALE IN FEEt SUGGESTED LANDSCAPE LEGEND — PER DOUBLE CgAMON/BOTANIDAL MZE ROOT KEY WNIRTY CLmy "m CHgEEWERY 3 GAL. POTTED MG 6 /ARONIA Mad10C— %MY AM MK MOC 'MRE1A''{u� LIZ JARDNIA NapiOCARPh PURPLE LEAS :AHDGNEARY 3 OAL POTTED P" 2 JPRLNLS % CISTENA FL.WERENC WEICELA /WE1GaA FLORIDA 1" 1 , }1J BROADMGOR JUNPER E CAL. POTTED BMJ 11 /Am,ms "mks 9PoAD6 - MOADM— JUNPER J ARWDIMS NDRHRRALS 'WIpW100R' WaSHT OUX JUMPER :ARGENT GREEN JUNIPER SLUE — .AARPER BLLE FOREST AMIPERv A..s— POTEMTRLA PORNR{A RNRCOSA'lF6RWWD' i DAL. PDTtm AWP M s G SNOW CRADAPPLE LS' . t B ssC i /MALUS 'SPP.ING SNOW' .°,kSu7n N H 8 TNIREDERCH0.D CRABAPPLE 1.6' R t B Tm 1 /MA 115 '.UNDERCNRO' g MCKAY's WMIE A. TWIGGED DGGWDOD W HT. I CAL RTOW 23 /CORM15 sT0.0NIFERA ( Ellwp�_VyY�A� ��.[' qq ��.�� pOJTj. YELLOW -mm DOCW000 24' HT. 1 GAL YTDW 23 /SERIGEA FLAAREMA 8 AWP - - - -- ® gig SUGGESTED LANDSCAPE LEGEND — LARGE TREES ,0N/B0 rANMAL RZE ROOT KEY WANT,TY PAiMORE A:H -/2 CAL. B t B PA 6 /FRAMNU6 PENNsYLYANICA 'PATMGRE' RED MAPLE 2 1/2' CAL B .8 RM 3 /ACER RLMUA "RED —MT' AUEUq PURPLE A. 2 1/2' CAL. R ! 6 /FR.— AMERICANA AVTUAN PURPLE' SUBSTITUTE SHRUBS ' eaow ARE sNR9s wEeDN ARE c6xsoERm To BE surhaE sLWSnTVres FOR THE sHauBS usTm WTAMLE sUBSTl U ° %MY AM MK MOC 'MRE1A''{u� LIZ JARDNIA NapiOCARPh /PR QAN � co,Am IUS �'''�'`�/'� ' c`l� D S�II_51� 5 ` PURPLE LEA, sANDGHENRY /PRUNUS % CISTFNA MAHTI 000WOm /CDREAla' sTq.MOFENA 'I:ANTI' FL.WERENC WEICELA /WE1GaA FLORIDA 1" 1 , }1J PEECEE HYDRANGEA AD'ORMY,EA PAIEDEATA'GMIOFl.WU' J 1 y 1 �+il lL..+ " MOADM— JUNPER J ARWDIMS NDRHRRALS 'WIpW100R' WaSHT OUX JUMPER :ARGENT GREEN JUNIPER SLUE — .AARPER BLLE FOREST AMIPERv S ABBOTSWODD POTENTRLA BAR HAAF- JLr1PER BUSH HONEYSUCItLE PRMCE OP WALES - PER 5MREA WTEEiiIA iPUrRMA'AW11115WDOD' /DxRVILLA tgLICERA POTENTTTLA /sPIRACA J y WA TE OR % --A ANRIDNY WATERER DOLD FLAME .°,kSu7n N H 8 /PomTTLLA OOLO DROP UMCOSA KATHERINE 0— ME M" sMBORI g MCKAY's WMIE ♦ `.V 9 L�wCA •dL+ b Y ( Ellwp�_VyY�A� ��.[' qq ��.�� pOJTj. - - -- ------ - $9-YTD�Y� j 8 AWP - - - -- ® gig sft W �{! I i F ""� i �' 9� O ��u $3- YTD f s'A W B ; _ —___— RETAIN i Z :$ -Yrow (LOT °—° z - s-R W � 1 1 z ? I �s- YTD''V 1 1 ° g 0Z a 4 p W , � U p V Y- W Y I xoTE: ALl uWN AREAS To eE :ODDm ® � L E z WM E z to to =�N 0 8 -Y W a d i - - - i 2 4 ri� 3Q I b row 7 3: J 3 -Y W�* B j — i - Wa a to o f- z _ W a-yn — W �— L - - ® _ i® - -- - - s -------- $- c�ecs---------- - - - - -- s�rrckr .. 3 -AwP 3 DF / 3 _ _.. WALL. I. — W / EXHIBIT D (See Attached NCRC Proposal) April 7, 2005 City of New Hope 4401 Xylon Avenue North New Hope, MN 55425 ,Re: Nevada Avenue Twinhomes Project NCRC is a nonprofit corporation that evolved from a collaborative formcd by the Northwest Hennepin Human Services Council (NWHHSC) in 1991, This collaborative, Communities Organizing Opportunities for People (CO -OP) Northwest involved cities, school districts, community groups and other organizations in the northwestern suburbs iD identifying and addressing growing poverty and needs in the region. CO -OP Northwest Community Revitalization Corporation (CNCRC) evolved from this effort and became a Community Housing Development Organization (CHDO) in 1995. The original cities in which activities were to be carried out were Brooklyn Center, Brooklyn Park, Crystal, New llope and Robbinsdale. In 1999 the CNC:RC separated from NWHHSC and became the Northwest Community Revitalization Corporation (NCRC). The cities currently active in NCRC are, 1rooklyn Park, Maple Grove, New Hope and Robbinsdale. AAL A ^AL Northwest Coinmunit f Revitalization Corporation 400 SO l Ave Sidle G-7 St, Ppirl, MN 55IO2 651 -298 -7903 The communities that NCRC serves have historically been proactive in meeting the housing needs of all their residents. With housing costs rising rapidly in all of the area's cities, it is increasingly difficult for many area residents to purchase homes in the communities in which they live and work. The demand for home ownership is high, but the price of housing prohibits many people from. buying their own homes_ NCRC's main goals include both the preservation of the existing affordable housing stock and the creation of new units, The member cities and NCRC have recognized a growing need for home ownership opportunities for households of low- to moderate- income, including households in which a member is disabled. NCRC has worked with the city .for over a dozen years to rehabilitate existing housing while developing new units at more than a dozen sites. Horne ownership stabilizes households and increases investment in communities. Stable housing is a necessary condition to stable employment, education and planning. The entire metropolitan region has experienced drastic increases in the prices of homes, and information on the changes is attached. Wages have not kept pace with rising costs, leaving many working families with no option but to rent, even though rents have also escalated and many rental properties are in need of significant repairs, There is a strong demand for "workforce housing," housing that is affordable to entry level, blue collar and service workers. The price of housing in the City of New Hope has escalated at a rate slightly higher than the rates of similar communities, but the household incomes of city residents are lower than the Metropolitan median income, and the population is aging. According to data from the 2000 census, the number of residents aged sixty -five and over is growii.ag, as is the number of "Rebuilding neighborhoods one house at a time," ,a households needing financial assistance. Also, most of the city's major employers are not in industries that provide high wages. NCRC and the City's Comprehensive PIan identify that a mix of housing types and prices is important to the health of a community. With housing costs increasing annually and wages remaining relatively flat, the production and preservation of a less expensive housing provides a balance to increasing home sale pricey and will ensure that the city a retains a variety of housing opportunities. Young families, who will be utilizing and supporting the city's schools, businesses and other services, are a necessary part of the city's stability. The proposed project takes all of these factors into consideration. The homes on the sites to be redeveloped (4301 and 4317 Nevada) were deemed by the city to be beyond rehabilitation due to numerous code violations and dilapidated conditions because of severe neglect. The properties are in a designated redevelopment area and well located near many amenities. The addition of six new units will add to the city's property tax base. NCRC will develop six new units (three twinhomes) with zero lot lines on the site, three of which will be handicapped accessible. The units will have basements that can be finished for additional living space. There will be no homeowner association; individual property owners will be responsible for maintenance, yard work and snow removal. The City of New Hope currently owns 4317 Nevada and has demolished the structure that was on the site. NCRC obtained a loan from the Greater Metropolitan Housiri Corporat %onCrC`� -- and purchase the property at 4301 Nevada. The structure on that site will be demolished when site preparation begins, a cost savings for the project. NCRC has a contract to purchase 4317 Nevada Avenue, pending the necessary planning approvals. This project has been awarded $294,000 in HOME lands through Hennepin. County. The City of Robbinsdale was also awarded $50,0()0 in Community Development Block Grant (CDBG) funds to use for this project due to the regional impact of the project (proximity to 42 " Avenue, North Memorial Hospital, freeway access, transit lines, etc.). it is highly unusual for CDBG funds to be awarded to one city for use in another. This regional cooperation is a major goal of NCRC and benefits the City of New Hope. NCRC presented plans for the Nevada Avenue Twinhomes Project to the New Hope EDA at its February 28, 2005 meeting. At that meeting the EDA directed NCRC to proceed with the planning process and to begin the necessary work to obtain final city approval. NCRC's staff and architect subsequently met with city staff and consultants for initial planning review and continue to work within the city's processes toward final design approval and construction of the proposed units. Contact: Kristine L. Madson, Executive Director Northwest Community Revitalization Corporation 400 Selby Avenue, Suite G -1 St. Paul, MN 55102 Phone: 651 -298 -1903, extension 227 "Rebuilding neighborhoods one house at a time." 1 2 1 5 AN Date: February 23, 2005 To: New Hope EDA Frown: Northwest Community Revitalization Corporation Ile: Information for New Hope EDA NCRC is a nonprofit corporation that evolved from a collaborative formed by the Northwest Hennepin Human Services Council (NWIHISC) in 1991. This collaborative, Communities Organizing Opportunities for People (CO- Northwest involved cities, school districts, community groups and other organizations in the northwestern suburbs in identifying and addressing growing poverty and needs in the region. CO -OP Northwest Community Revitalization Corporation ( CNCRC) evolved from this effort and became a Coinuiunity Housing Development Organization (CHDO) in 1995. The original cities in which activities were to be carried out were Brooklyn Center, Brooklyn 'Park, Crystal, New Hope and Robbinsdale. In 1999 the CNCRC separated from NWHHSC and became the Northwest Community Revitalization Corporation (NCRC). The cities currently active in NCRC are Brooklyn Park, Maple Grove, New Hope and Robbinsdale. A Ak " 9 ' Northwest Community Revitalization Corporation 400 Selby Ave Sudtr C-7 St. Paul, MN 55702 657- 298 -7903 The communities that NCRC serves have historically been proactive in meeting the housing needs of all their residents. With housing costs rising rapidly in all of the area's cities, it is increasingly difficult for many area residents to purchase homes in the communities in which they live and work. The demand for home ownership is high, but the price of housing prohibits many people from buying their own homes. NCRC's main goals include both tho preservation of the existing affordable housing stock and the creation of new units. The member cities and NCRC have recognized a growing -need for home ownership opportunities for households of low to moderate income, including households in which a member is disabled. NCRC has worked with the city for over a dozen years to rehabilitate existing housing while developing new units at more than a dozen sites. Home ownership stabilizes households and increases investment in communities. A variety of housing choices provide residents with the ability to live and work in a community. A solid housing market also provides additional economic development opportunities as businesses target communities that have stable, high quality housing choices for all their residents. Additional homeownership opportunities, such as what is being proposed by NCRC can be a catalyst for revitalization efforts in the adjoining neighborhood. *Recently, the entire metropolitan region has experienced drastic increases in the prices of homes, and information on the changes is attached. Wages have not kept pace with rising costs, leaving many working families with. no option but to rent, even: though rents have also escalated and many rental properties are in need of significant repairs. There is a strong demand for "workforce housing," housing that is affordable to first time homebuyers. The price of housing in the City of New Hope has escalated at a rate slightly higher than the rates of similar communities. Projects such as the Nevada Avenue Twinhomes, have provided many "Rebuilding neighborhoods one house at a time." VF'�1'f1H1I�AIf1Y residents with various housing choices that may not have been available. These projects are only possible, with the strong support of local governments, such as the city of 'New Hope. NCRC and the City's Comprehensive plan identify that a mix of housing types and prices is important to the health of a community. With housing costs increasing annually and wages remaining relatively flat, the production and preservation of a less expensive housing provides a balance to increasing home sale prices and will ensure that the city a retains a variety of housing opportunities. Young families, who will be utilizing and supporting the city's schools, businesses and other services, are an integral component of the community. The proposed project takes all of these factors into consideration. The homes on the sites to be redeveloped (4301 and 4317 Nevada) were deemed by the city to be beyond rehabilitation due to numerous code: violations and dilapidated conditions because of severe neglect. The properties are in a designated redevelopment area and well located near matey amenities. The addition of six new units will add to the city's property tax base. NCRC will develop six new units (throe twinh.omes) with zero lot lines on the site, three of which will be handicapped accessible. The units will have basements that can be finished for additional living space. There will be no homeowner association, individual property owners will be responsible for maintenance, yard wort: and snow removal. The City of New Hope currently owns 4317 Nevada and has demolished the structure that was on the site. NCRC obtained a loan from the Greater 'Metropolitan Housing Corporation ((TM HQ and purchase the property at 4301 Nevada. '17te structure on that site will be demolished when site preparation begins, a cost savings for the project. NCRC has an approved purchase agreement with the city to acquire 4317 Nevada Avenue, pending the necessary planning approvals. This project has been awarded $294,000 in HOME funds through Hennepin County. The City of Robbinsdale was also awarded $50,000 in Community Development Block Grant (CDBG) funds to use for this project due to the regional impact of the project (proximity to 42 Avenue, North Memorial Hospital, freeway access, transit lines, etc.). R is highly unusual for CDBG funds to be awarded to one city for use in another. This regional cooperation is a major goal of NCRC and benefits all member cities of NCRC. "Rebuilding neighborhoods one house at a time." Nevada Avenue Twinhomes — 4301-17 Nevada Avenue North Number 1 Number 2 Number 3 �._ ,,rats" i � - `�cTS a_aa�,...,_. _..,......� «*s . -._.__ fr..• � .�,35:•nf. _� � # �it.��[ .._ - _ �S#9l.. a.4ca6f V •.R:�fi. .�. ,........x�...{.... —k7 UNIT Bull ING2 But fiNG Sk 9 T 40v I - It - 4141 U wevoua nYe Pro I*orma 10/i7/200$ Per Unit! 6 PROJECT EXPENDITURES units 6 units ;Ilion 21,333 128,000 ** approximately $132/sq foot plus tree removal uction 177,853 1,067,120 �nfingency 8,250 50,000 ition & Site Restoration 3,144 18,843 13,000 s & Fees 21,000 tal - Hard Costs 1,297,963 PROJECT EXPENDITURES n ineer 13,000 78,000 ip ment Fee (6%) 17,667 106,000 Ing Fee 2% 7,040 42,240 ling 333 2,000 1,167 7,000 Costs 817 4,900 sal 500 3,000 ty Tax 333 2,000 ucton Interest & Origination 7,903 47,415 osing 1,200 7,200 pF + Donation of 4317 Nevada Property Paint Donation CDBG 1 Committed Funds ;ommitted Funds & Donated Property PROJECT COST SUMMARY fatal Expenditures - 01 1,600 718 etal Revenues 11 1111 nnn Price Purchase by WHAHLT> 1st mortgage $188,000> downpayment> tenne m wunTy mumt= zna mortgage 1 24,000 444,000 36000 lubtotal 221,500 1,329,000 4 'Note: HOME funds have been committed in the amount of 294,000 t $59,386 ", igeted 1st mortgage is $175,000: This amt, will decrease dependent upon the actual Gap Financing & in -Kind Donations etc `argeted Client: At or below 80% of the Area Median Income e y ?peclal Features.This project replaces 2 sub - standard dwellings with 6 units of affordable housing. It includes 3 Handicapped Accessible Units. F. TOTAL P.0? Exhibit E (Form of Deed) QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $ Date: , 200 FOR VALUABLE CONSIDERATION, the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to , a under the laws of , Grantee, real property in County, Minnesota, described as follows: Legal Description; together with all hereditaments and appurtenances. Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The total consideration for this transfer of CITY OF NEW HOPE real property is less than $500.00 By: Martin E. Opem Sr. Its: Mayor IM Daniel J. Donahue Its: City Manager STATE OF MINNESOTA }ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005 by Martin E. Opem Sr. and Daniel J. Donahue, the Mayor and City Manager, respectively, for the City of New Hope, a Minnesota municipal corporation, on behalf of said corporate body. (Notarial Stamp or Seal) Notary Public Check here if part or all of the land is Registered (Torrens) ❑ THIS INSTRUMENT DRAFTED BY Tax Statements for the real property described in this instrument should be sent to: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 EXHIBIT F Use Requirements for the Property and its Adjacent Developer -owned Land 1. Construction of a 6 -unit development, consisting of 3 twin homes with zero lot lines. 2. For a period of 15 years from the date of this Agreement, sale of each unit for owner occupancy, with all 6 of the units designated during this period as reserved for sale to low /moderate income households. For the purposes of the sale requirement to low /moderate income households, eligibility for purchase shall be limited to a household that falls under the following definition: "a household in which the total income of all of the household members is equal to or less than the Section 8 Housing Assistance Payment Program low - income limit established by HUD for an equivalent sized family. A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. The occupancy could consist of a single family, two or more families living together, or any other group or related or unrelated persons who share living arrangements." Income limits used for purposes of determining qualification shall be the HUD limits in effect at the time of the determination, and limits are to be applied within 60 days of the date of closing. Compliance with the aforementioned sale requirements shall be documented, no later than 30 days after closing on the sale of a unit, by way of submission of appropriate documentation by the Developer to the City for review with Hennepin County, which documentation shall at a minimum provide adequate data as to household size and incomes. Examples of documentation which may be utilized by the Developer in connection with this requirement are applications for purchase, mortgage applications and income verifications provided by a lender. 3. Before any unit is sold, County of Hennepin approval of an Affirmative Marketing Plan and /or other data from the Developer establishing that the Property and land adjacent thereto (formerly known as 4301 Nevada Avenue) will be used consistent with applicable fair housing laws and in compliance with Section 570.601 of Title 24 of the Code of Federal Regulations, or its successor regulation. The Affirmative Marketing Plan and /or other data shall be submitted for Hennepin County review at lease 30 days before the Developer begins marketing of any of the units.