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IP #761City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 SUBJECT: Request for Final Relocation Payment Tenant Name(s): Clifford and Angeline Dahlman Project Site Address: 5446 Winnetka Avenue North Dear Ken: Enclosed are two completed relocation claim booklets for Clifford and Angeline Dahlman. The above - referenced owner occupant has requested that the City of New Hope, provide them with their final relocation payment of $ 2,650.00 to cover their replacement housing supplement, closing costs and moving expenses. I have reviewed the supporting documentation, and by this letter recommend that the City of New Hope issue a final relocation payment of $ 2,650.00 payable to Clifford and Angeline Dahlman This payment will finalize their relocation claim. I would appreciate your processing this request for the relocation payment at your earliest convenience. The Dahlman's would like you to call them when the check is ready and they will pick it up. The number they can be reached at is (763) 537 -3971, Thank you for your assistance! Please feel free to call me at (651) 882 -0200 if you have any questions. Sincerely, Olt 'tom Kari Klassen Relocation Consultant Encl. City of New 1 /' East Winnetka Area Projeel Owner Occupant Claim Moving Expenses and Replacement Housing Supplement May 2004 Clifford and Angeline Dahlman 5446 Winnetka Avenue North New Hope, MN 55428 PREPARED BY EVERGREEN LAND SERVICES COMPANY 4131 OLD SIBLEY MEMORIAL HIGHWAY SUITE 201 EAGAN, MN 55122 PHONE: (651) 882- 02001FAX (651) 882 -6564 Final Residential Relocations Claim Replacement Dousing Payment 110 1) Summary of Relocation Claims 2) Documentation regarding Advance Partial Relocation Payment - NA 3) Copy of General Information Notice, Relocation Eligibility and 90 -Day Notice to Vacate. 4) Claim for Fixed Moving Cost 5) Claim for Replacement Housing Supplemental Payment. 6) Explanation of Replacement Housing Assistance Benefits and Supporting Documentation. 7) Claim for Incidental /Closing Costs 8) Release of Property. 9) Receipt for Relocation Information Guidebook. 10) Relocation Advisor's Certification of Claim. Resident (Claimant) Names: Clifford and Angeline Dahlman Project Site Address: 5446 Winnetka Avenue North, New Hope, MN Type and Date of Occupancy: Claimants have been owner - occupant of the project site since. Date of Eligibility for Relocation Assistance: November 19, 2003 Type of Payments Claimed Herein: Replacement Housing Benefits for 180 -day Homeowner Occupants. Summary of Eligible Relocation Benefits: Price Differential $ 12,400.00 Incidental Closing Costs $ 767.50 Moving Costs $ 2,650.00 Total Amount of These Claims: $ 15.817.50 Less "Advance" Payment Made by the $ 13,167.50 Department of Administration Total Due to Claimant $2,650.00 Make Payment to: Clifford and Angeline Dahlman Comments: Na November 24, 2003 Mr. Clifford Dahlman 5446 Winnetka Avenue North New Hope, MN 55428 Dear Mr. Dahlman: r � �C This letter is in follow -up to two letters that were mailed to you beginning in 1999 regarding the city's desire to purchase property in your neighborhood for redevelopment purposes. As you know, your property is located in an area designated in the city's Comprehensive Plan for redevelopment and the city has purchased many properties in the area in anticipation of redevelopment. During 2001 and 2002, a volunteer citizen task force developed concept redevelopment plans for this area and those plans were accepted by the City Council in 2002. During this planning process, several notices were mailed to you describing the study. In 2003, the Council selected preferred developers for each planning study area. The city expects that a new development will be underway in your area by the summer of 2004. The city would like to inquire once again if you would be willing to sell your property for the fair market value determined or to be determined by Forsythe Appraisals, Inc. an independent appraisal firm hired by the city. In addition to the fair market value, the city will pay relocation benefits over and above the appraised value. Relocation benefits will be determined by Evergreen Land Services, the city's relocation consultant. Beginning on December 1, Forsythe Appraisals and Evergreen Land Services will be contacting you to schedule a joint appointment to meet with you in your home to complete an appraisal and relocation estimate free of charge. Appraisals and relocation estimates should be completed by December 15. If you are agreeable, the city would like to proceed with written offer to purchase your property in December and schedule a property closing in the near future to complete the transaction. Thank you for your cooperation throughout this process. If you have specific questions or comments, please contact one or all of the following: Questions: City of New Hope: Kirk McDonald, Director of Community Development 763- 531 -5119 Ken Doresky, Community Development Specialist 763- 531 -5137 Scheduling: Forsythe Appraisals, Inc.: Pat Thurner, Scheduler 651- 765 -9526 Evergreen Land Services: Steve Carlson, Principal Relocation Manager 651 - 882 -0200 Sincerely, Daniel J. Donahue City Manager • • 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 . www. ci.new - hope.mn.us City Hall: 763 - 531 -5100 • Police (non - emergency): 763 -531 -5170 ® Public Works: 763 - 592 -6777 ® TDD: 763 -531 -5109 City Hall Fax: 763 - 531 -5136 ® Police Fax: 763 - 531 -5174 ® Public Works Fax: 763 - 592 -6776 March 18, 2004 Clifford and Angie Dahlman 5446 Winnetka Ave North New Hope, MN 55428 RE: Relocation Eligibility and Information Notice — Revised 3/18/04 Project Name: East Winnetka Area Project Address: 5446 Winnetka Avenue North, New Hope, MN Dear Clifford and Angie: This is NOTICE OF RELOCATION ELIGIBILITY You have now received the City of New Hope's written offer to purchase the property you own at 5446 Winnetka Avenue North, New Hope, MN for the above referenced East Winnetka Area project. As we have discussed with you, it will be necessary for you to move; after the City of New Hope acquires your property. However, you do not need to move now. You will not be required to move without at least 90 days advance written notice of the date by which you must vacate. And when you do move, you will be entitled to relocation payments and other assistance in accordance with Federal regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Unifonn Act). To assist you in covering your costs of moving, you may choose either: (1) a payment for your documented actual, reasonable moving and related expenses, limited to a distance of 50 miles; or (2) a fixed payment based on the number of rooms you furnish and occupy. The fixed payment is computed using a schedule set forth by the Federal Highway Administration. Also, since you have owned and occupied your home for at least 180 days prior to November 19, 2003 and you buy a decent, safe, and sanitary replacement home, you may receive a replacement housing purchase supplement payment to assist in covering the following costs: 1. Differential Amount - If you must pay more to buy a comparable replacement home than you receive for your present home, this differential amount will cover the difference up to certain limits. Further information is on the second page of this letter. 2. Incidental Expenses - This payment covers some of the costs incidental to the purchase and settlement of your replacement home. Examples of some eligible incidental costs are recording fees, appraisal fees, credit report fee, and title exam. 3. Increased Mortgage Interest Costs - This amount will help compensate for some of the additional interest costs that would be incurred if you have a mortgage on your present home and must pay a higher interest rate on the mortgage for your replacement home. It is calculated on the basis of "discounted present value ". If this benefit applies to you, further explanation will be provided when specific mortgage information is received on your present and replacement homes. Last resort housing provisions of the Uniform Relocation Act apply when a comparable replacement dwelling for a 180 -day homeowner occupant is not available within the statutory monetary limit of $22,500. These provisions state that Agencies shall have broad latitude in providing housing of last resort, but implementation shall be for reasonable cost. Some of the methods of providing replacement housing under last resort provisions include: (i) a replacement housing payment in excess of the statutory limits; (ii) rehabilitation of and /or additions to an existing replacement dwelling; (iii) construction of a new replacement dwelling, (iv) relocation and, if necessary, rehabilitation of a dwelling. Listed below are some comparable properties which are similar to your present living conditions, and which are currently available. These homes have been analyzed per the definition and requirements of a "comparable replacement dwelling" found in the Uniform Relocation Act regulations. (You will find this definition also in the Relocation Information Guidebook provided to you previously.) Address 1) 4848 Virginia Ave. No New Hope 2) 7760 47 %2 Ave. No New Hope Asking Price 'rice Name Telephone # $234,900 763 -509 -7409 $234,900 Sandy Patterson 763 -567 -7010 We have chosen the first property at 4848 Virginia Ave. No, New Hope to use as your "comparable" dwelling in determining maximum replacement housing benefits described above. Since this "comparable" amount is more than you were offered for your present home, you may be eligible for a differential replacement housing payment up to $12,400.00. If you purchase or build a decent, safe, and sanitary replacement home which costs less than $234,900.00 or if the acquisition price for your present home is increased, the replacement housing price differential payment to which you would be entitled would be less than this maximum. When you met with Kari Klassen your Relocation Advisor, she provided you with a pamphlet entitled "Relocation Assistance Guidebook ". Please read the pamphlet carefully. It explains your rights and some things you must do to obtain relocation payments. For example, to receive a replacement housing payment either for purchase or rent, you must purchase or rent a decent, safe and sanitary home within one year after you move or receive your final acquisition payment, if later. Please do not commit to buying or renting a replacement home before you have discussed the home with your relocation advisor, because she will need to perform the required relocation inspection of the home. If you have any questions regarding this letter or your relocation benefits and procedures, please contact Kari Klassen at (651) 882 -0200. This letter is of importance to you and should be carefully filed for safekeeping. Sincerely, Daniel J. Donahue City Manager cc. Ken Doresky, Community Development Specialist Kirk McDonald, Community Development Director Kari Klassen, Evergreen Land Services Company Encl. PRICE DIFFERENTIAL PAYMENT / ANALYSIS OF COMPARABLE PROPERTIES Comparable Price Subject Comparable Property #1 Comparable Property #2 Price (appraised) $20 0,000 $234,900 $234,900 Address 5446 Winnetka Ave North 4848 Virginia Avenue North 7760 47'/2 Avenue North City New Hope New Hope New Hope Date of Inspection Style Split Entry 4 -level 2 -Story Construction Average to Good Average Average Actual Age /Eff.Age 1955 1963 1966 Condition EGF Average to Good Average Average No. of Units 1 1 1 No. of Rooms 8 8 9 No. of Bedrooms 3 4 3 Bedrooms Required No. of Baths 1 2.0 2.5 Above Ground Finished sq ft 1,157 sq ft Below Ground Finished sq ft 1,041 sq ft Total Finished Area 2,198 sq ft 2,008 sq ft Basement Full —finished Full — finished Full — finished Bsmt- Types of Fin. Rms. Family room, laundry, rec room Family Room, Office, Laundry, Play Room Family Room Heat/Cooling Gas FA Gas FA / CA Fireplaces Wood Stove One None Other Finished Space Garage 1 - attached 2 — attached Lot Size 70x300 21,000 sq ft 137x76 10,412 sq ft 125x90 11,250 sq ft Neighborhood E/B Suburban Suburban Suburban Schools NA NA NA Public Transportation NA NA NA Church NA NA NA Place of Employment NA NA NA Water 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Sewer 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Other Comments: " These amounts factored in to the comparable price Comparable Price $234,900 Project Price - $222,500 Difference = $12,400 Moving Expenses (self move) + $2,650 Total Benefit _ = $15,050 R/W Agent Kad Klassen Date y 3/18/04 — revised per Ken Doreskv_ February 20, 2004 k Clifford and Angie Dahlman 5446 Winnetka Avenue North New Hope, MN 55428 RE: 90 -Day Notice to Vacate Project Name: East Winnetka Area Redevelopment Project Address: 5446 Winnetka Avenue North, New Hope, MN 55428 Dear Mr. and Mrs. Dahlman: As you know the City of New Hope is in the process of acquiring the property you occupy at 5446 Winnetka Avenue North, New Hope, MN 55428. This is a 90 -Day Advance Written Notice to inform you that you will be required to vacate the project site. However, you will not be required to move before May 27, 2004. You will receive another notice 30 days prior to the actual vacate date. As an occupant of the project site, you are entitled to relocation benefits. Our Relocation Consultant, Kari Klassen with Evergreen Land Services, will continue to assist you with your planning and preparation for your move. As always, we urge you to call Kari at 651- 882 -0200 with any questions or for other assistance. Sincerely, r Daniel J. Don' ue City Manager Cc: Ken Doresky, City of New Hope Kirk McDonald, City of New Hope Kari Klassen, Evergreen Land Services Company Steve Sondrall, City of New Hope Attorney CITY OF NEW HOPE 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763 - 531 -5100 ® Police (non - emergency): 763 - 531 -5170 ® Public Works: 763 - 592 -6777 ® TDD: 763 -531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763 -531 -5174 ® Public Works Fax: 763- 592 -6776 Fixed Moving Claim Name of Claimant(s): Clifford and Angeline Dahlman Project Site Address: 5446 Winnetka Avenue Nortli, New Hope, MN According to the Federal relocation regulations, a displacee may choose to move his or her own personal property, including disconnection and reconnection of such, without providing the displacing agency with any type of documentation for the actual costs incurred. Under these circumstances the claimant is compensated by utilizing a payment schedule based upon the number of rooms actually furnished and occupied by the resident(s) being relocated. The Agency charged with the responsibility of interpreting the relocation regulations has indicated that the "room count" utilized in calculating this benefit may be increased to reflect extraordinary furnishings or additional areas with personal property to be moved such as garage space, basement rooms, and so forth, which are not reflected in an appraiser's typical room count. The Federal Highway Administration residential fixed move payment schedule is as follows: Moving Schedule The occupant provides furniture Rooms 1 2 3 4 5 6 7 8 Each Additional Room Amount $400 $550 $700 $850 $1000 $1150 $1300 $1450 $100 Applying this data to the above - referenced claimant, then, a fixed move benefit is calculated as follows: Number of "rooms" occupied and furnished by resident = (20). Number of rooms occupied but not furnished by Business Owner = (0). For total room count of 20, payment schedule = $2,650.00. The room count for purposes of this moving payment has been determined as follows: Kitchen, Dining Room, Bedroom (3), Living Room, Family Room (2), Laundry Room, Porch (2), Sewing Room (2), Wood Shop (2), Pantry, Shed (3), Garage Evergreen Land Services Company recommends that the City of New Hope approve total payment of $2,650.00 to Clifford and Angeline Dahlman for their non- documented fixed moving costs. CLAIM Ii OR MOVING COSTS Name: Clifford and Angeline Dahlman Project Name: East Winnetka Area County: Hennepin Owner: Clifford and Angeline Dahlman Address: 5446 Winnetka Avenue North City: New Hope, MN Approved Amount: $ 2,650.00 Approved: A Approved: 7ncy Relocation Consultant Date of Application Approved: Payment to: Clifford and Angeline Dahlman Receipted Bills If room basis - number of rooms: 20 Dislocation allowance Included Room basis: X $2,650.00 Residence from which you moved 0 Apartment No. of Rooms F T] House No. of Rooms 0 Basement = Garage Was it furnished with your own furniture? Yes F] No Name of Mover: NA Date of Move: NA Address: NA City: NA LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED: Address: 13936 54 Avenue North #1 City: Plymouth, MN 55446 I, the undersigned, do hereby certify that the above information is true and correct, and that any movers' receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. t / r` s Signed:,- ���' ( ° Date: .� Signed:. Dater REPLACEMENT HOUSING BENEFITS FOR 180 -DAY HOMEOWNER OCCUPANTS Under the Uniform Relocation and Real Property Acquisition Act of 1970 as amended in 1987, displaced homeowners who meet the following criteria are eligible for a replacement housing payment: 1) Have owned and occupied their project dwelling for at least 180 days prior to the Agency's initiation of negotiations to acquire the dwelling, and 2) Purchase and occupy a decent, safe, and sanitary replacement dwelling within one year of the displacement date (or date of payment by the Agency through an eminent domain acquisition), and 3) File a written claim for payment within 18 months of the date of displacement. The statutory maximum replacement housing payment is $22,500; however, if that maximum amount is not sufficient to cover all eligible price differential, eligible increased mortgage interest, and eligible incidental (closing) costs, in order to complete the project the Displacing Agency will apply the "last resort housing" provisions of the Uniform Relocation Act. The last resort housing provisions permit the Agency to apply creative alternatives to replacement housing assistance, including increasing the replacement housing payment to cover those eligible costs, which exceed the statutory maximum, to ensure the project can proceed in a successful and timely fashion. The price differential component of the replacement housing payment is the difference between the Agency's acquisition price of the project site and either the actual cost of the chosen replacement dwelling or the cost of a "comparable replacement" dwelling, whichever is less. Research and study of available housing which is comparable to the project dwelling is undertaken by the Agency to establish the "comparable replacement" figure in the calculation. Detail of the comparable housing and referral information is provided to the displaced homeowner occupant via the Notice of Relocation Eligibility. (A copy of the applicable Notice is included in this claim booklet at Exhibit 2.) Increased mortgage interest costs are to assist displacees who will suffer a loss of favorable financing when selling the project property to the Agency. This replacement housing payment component is utilized only when the interest rate on the replacement dwelling exceeds the interest rate of the project dwelling. The payment is based on the lesser of the remaining term on the project mortgage or the new mortgage terni and the lesser of the remaining balance on the project mortgage or the new mortgage amount. Debt service costs are also included but, again, are limited to the lesser of the unpaid mortgage balance on the project or the new mortgage amount. The third component of the replacement housing payment is reimbursement of incidental and closing costs associated with the purchase of the replacement home. Reasonable and necessary fees for items such as credit report, appraisal and housing inspection fees and pro -rated costs of loan origination, title insurance, and mortgage registration tax can be paid. Homeowner (Claimant) Names: Clifford and Angeline Dahlman Project Address: 5446 Winnetka Avenue North, New Hope, MN Replacement Address: Computation of Replacement Housing Benefits: 1) Price of Comparable Replacement Dwelling $ 234,900.00 2) Price of Actual Replacement Dwelling $ 240,280.00 3) Lesser of 1) or 2) $ 234,900.00 Information on the comparable dwelling price is found at Exhibit 2 in the Notice of Relocation Eligibility. Documentation for the actual replacement dwelling price and estimated closing costs are the purchase agreement and Settlement Statement included with this Exhibit. A final claim will be submitted after the closing on the replacement home to request any additional eligible closing costs and to document actual eligible costs per the Settlement Statement. Evergreen Land Services Company recommends that the City of New Hope approve a replacement housing benefit for Clifford and Angeline Dahlman at this time in the amount of $ 13,167.50 REPL HOUSING CLAIM I Name: Clifford and Angeline Dahlman Project Name: East Winnetka Area County: Hennepin Owner: Clifford and Angeline Dahlman G Address: 7-6.01_Bass 4,aak-e -Road City: New Hope, MN Type of Acquisition: Total Take Acquisition Price: $222,500.00 Comparable Price: $234,900.00 Approved Amount: $ 12,400.00 Approved: ��gg 1 c 1W Approved: cG Relocation Consultant Date of Application Approved: Payment to: Clifford and Angeline Dahlman Supplemental payment will be used to rent decent, safe and sanitary replacement home 0 Supplemental payment will be used to upgrade the above home to meet decent, save and sanitary requirements. I hereby request a supplemental payment for replacement housing and certify that I have been an owner - occupant of the above parcel and for at least 180 days immediately prior to the initiation of negotiations for the project site property. To the best of my knowledge, the replacement home meets the requirements for decent, safe and sanitary housing. As described in the homeowner relocation guidebook. I certify that this site occupant has been relocated to housing that to the best of my knowledge meets the decent, safe and sanitary housing requirements as defined by the URA and established by local laws, ordinances or customs. Signed: Relocation Consultant Date: �� 1 04111 R"01 co ld STANDARD PURCHASE AGREEMENT PARTIES. This Purchase Agreement is made on 20 by and between THE ROTTLUND COMPANY, INC MinnesotEA,C:Arporajion, d.b.a. Qottlund Homes, ADDRESS: 3065 Ceryt;e Po;Wt,Jr, tenants (cross out if buying as tenants in gorffrffon) ADDRESS: 1 Z V Cg OF SALE. Buyer agrees to purchase and Builder agrees to sell, Real Property legally described as: Located at (street address) /3 ^ S sir ' ?C . City of _ _� State of Builder agrees to construct upon the Real Property improvements ( "Improvements ") and provide ersonai property in substantial �s- conformance with the Price Addendum (a copy of which is attached to this Agreement), and the Plans and Specifications for Builder Plan /Model ,copies of which are in the office of Builder. (The Real Property the Improvements and personal property shall hereinafter collectively be referred to as the "Property ".) PRICE AND TERMS. The price for the Property is ($_ Z- � ) Dollars f ( "Price ") Gu'd Dol rl rs' which Bu er shall pay as follows: f a. Earnest money of by (cash 1 heck eceipt o which is hereby acknQ dged by Builder. b. Additional Earnest money of $ CS'CG� • due on 20 ®7 the TENTATIVE date of the start of construction. All earnest money given to Builder shall be a construction deposit for part payment of materials and labor, and shall be co- mingled in general operating accounts of Builder. (Buyer understands an cj agrees that no portion of the earnest money will bear interest ssuub^se uent to the date hereof.) 1 2 c. $ J. o �� • . - - cash on THE TENTATIVE DATE OF CLOSING, which is �lJ d. The balance of $ _ by financing as shown on the attached financing addendum. COMMENCEMENT AND COMPLETION OF CONSTRUCTION /CLOSING. Construction shall commence upon the clearing of all contingencies, including receipt of a loan commitment from Buyer's lender. Completion of work by Builder is contingent on strikes, lockouts, delays of common carriers, suppliers and subcontractors, laws, government regulations, acts of God, or any other circumstance or condition beyond the control of Builder. In the event of any such delay, the time of completion and Closing shall automatically be extended for such reasonable time as may be needed to complete the construction of the Improvement. It is understood that Builder shall have no liability whatsoever to Buyer for any such delays in the completion of the Improvement, including but not limited to rents, points, living expenses, mortgage lock -in costs or expirations. The sale contemplated by this Agreement shall close no more than 5 days after Builder acquires a Certificate of Occupancy for the Improvement ( "Date of Closing "). POSSESSION /PRORATIONS. Builder shall deliver possession of the Property not later than the Date of Closing. Builder and Buyer agree to prorate utility charges, city water charges, city sewer charges, and Homeowner Association dues, if any, as of the Date of Closing, or the Move -in Date, if applicable, whichever is earlier. CONTROL OF CONSTRUCTION. Buyer agrees that control of the construction process and control of the work force, including subcontractors, rests exclusively with Builder. Buyer agrees not to issue any instructions to, or otherwise interfere with construction process or the work force. Buyer further agrees not to contract for additional work with Builder's contractors nor to engage other builders or subcontractors to do any work on the Property whatsoever, including wiring, installation of appliances, water softeners, or any other products or services not covered by this Agreement. Buyer understands that the Real Property and the improvements constructed thereon may or may not be identical to any model home or any other property built by Builder. Builder shall have the right to construct the improvements to best conform, in Builder's opinion, to the grade of the lot upon which the improvements are being constructed and in accordance with the recommendations of Builder's construction department, and local city, governmental or quasi- governmental requirements. Material of similar type and quality may be substituted without notice to or consent of Buyer, so long as such change or substitution shall not substantially alter the character of the Improvement or reduce the value thereof. CHANGE ORDERS. Any changes in the Plans and Specifications must be approved in writing by both parties. All changes shall be evidenced by a Change Order that shall cite any Increase or decrease in the Price caused by such change. Any such change shall be reflected as an adjustment to the Price, in cash or mortgage amount at the Closing. Buyer understands and agrees to the provisions of the Change Order process and costs that may accompany any request for a Change Order. Any Change Order requested by Buyer after final selection meeting is at the Builders option to accept or reject. DEED /MARKETABLE TITLE. Upon performance by Buyer, Builder shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of minerals or mineral rights by the State of Minnesota; C. Exceptions to title which have been accepted by Buyer; D. Covenants, conditions, restrictions, reservations and easements of record, if any; E. Terms, provisions, conditions, reservations, rights, restrictions, privileges, obligations, easements and liens set forth in the Homeowners Declarations, Articles of Incorporation, and By -laws, if any. BUILDER SHALL PROVIDE FOR PAYMENT special assessments pending as of the date of tr' 'greement for Improvements that have been ordered by the City Council or other governrrn...,al assessing authorities. (Builder's provisions fog _ ayment shall be by payment into escrow of 100% of the estimated amount of the assessments.) BUILDER SIJALL PAY ON DATE OF CLOSING any deferred real estate taxes or special assessments payment of which is required as a result of the Closing of the sale. RISK OF LOSS. If there is any loss or damage to the Property between the date hereof and the Date of Closing, for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Builder. If the Property is destroyed before the Date of Closing, this Agreement shall become null and void, at Builder or Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Builder agree to sign a Cancellation of Purchase Agreement. in the event the Property is destroyed or substantially damaged prior to Closing, and neither Builder nor Buyer exercise their cancellation rights hereunder, then this Agreement shall be extended for a reasonable time so that Builder may reconstruct the Improvement. BUILDER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Builder warrants that buildings are, or will be constructed entirely within the boundary lines of the Property. Builder warrants that there is a right of access to the Real Property from a public right of way. Builder warrants that payment in full will be made for all labor, materials, machinery, fixtures or tools furnished to the Property in connection with Builder's construction of the Improvement on the Real Property. Builder warrants that there are no present violations of any restrictions relating to the use or improvement of the Real Property. WARRANTIES. The Seller agrees to warrant the Home /Unit in accordance with its Home Builder's Limited Warranty (PWC Form No. 117). Purchaser has been provided with an opportunity to review a Sample of the Home Builder's Limited Warranty that is administered by Professional Warranty Service Corporation ( "PWC ") and that will apply to this home. Purchaser understands and agrees that the Home Builder's Limited Warranty is provided to Buyer in lieu of all other warranties, verbal agreements, or representations, and Seller makes no warranty, expressed or implied, as to quality, fitness for a particular purpose, merchantability, habitability or otherwise, except as is expressly set forth in the Home Builder's Limited Warranty. The Seiler makes no representation to the Buyer of any individual product or component product warranty that a manufacturer or supplier may choose to give to the Buyer in excess of Rottlund's Home Builder's Limited Warranty and is not responsible for the administration or enforcement of said warranties between the Buyer and manufacturer or supplier. ARBITRATION. Any and all claims or disputes of any kind arising from or relating to this Agreement shall be submitted to final and binding arbitration pursuant to and in accordance with the provisions of the arbitration agreement contained in the Home Builder's Limited Warranty, administered by Professional Warranty Service Corporation, which arbitration agreement is incorporated by reference herein as though fully set forth. EXAMINATION OF TITLE. Within a reasonable time after approval of this Agreement by Builder, Builder shall provide Buyer, at Buyer expense, a commitment for an owners title insurance policy prepared by Stewart Title of Minnesota. Buyer, at Buyer's expense, has the right to have a commitment provided by a title insurance company licensed to do business in the State of Minnesota. Buyer shall be allowed ten days after receipt of the commitment for examination and the making of objections to Builder's title as evidenced therein. Said objections shall be made in writing within the ten day period or shall be deemed waived. If any such objections are made, Builder shall be allowed 120 days to make title marketable. If title is not made marketable within said 120 day period, then this Agreement shall become null and void at Buyer's or Builder's option and Buyer shall be entitled to a full refund of all money paid hereunder. Buyer shall be responsible for the cost or premium of any policy of title insurance obtained for itself or its lender. BUILDER'S REMEDIES. If Buyer defaults in any of the agreements herein, Builder may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages; (2) Seek specific performance of this Agreement within six months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. BUYER'S REMEDIES. If Builder defaults in any of the agreements herein, Buyer may cancel this Agreement as permitted by law and receive a full refund of all earnest money paid herein. TREES. Builder is not responsible for removal of trees, shrubs, or similar vegetation, etc., that do not interfere with construction or die as a result of construction work and /or disease. If Buyer requests that Builder protect any trees near the foundation or yard area, the costs of any protective measures, including any general increase in the construction costs, shall be borne by Buyer. in the event protective measures are requested and taken, Builder does not and will not warrant that any trees will survive the construction and Builder shall not be liable for the loss of any trees. Builder has not received any notice from any governmental authority as to the existence of dutch elm disease, oak wilt, or other disease of any tree on the Property. IMPORTANT HEALTH NOTICE. Some of the materials used in the Improvements may emit formaldehyde. Eye, nose and throat irritation, headache, nausea and a variety of asthma -like symptoms, including shortness of breath have been reported as a result of formaldehyde exposure. Elderly persons and young children, as well as anyone with a history of asthma, allergies or lung problems may be at a greater risk. Research is continuing on the possible long -term effects of exposure to formaldehyde. Reduced ventilation may allow formaldehyde and other contaminants to accumulate in the indoor air, high indoor temperatures and humidity raise formaldehyde levels. When a home is to be located in areas subject to extreme summer temperatures, an air - conditioning system can be used to control indoor temperature levels. Other means of controlled mechanical ventilation can be used to reduce levels of formaldehyde and other indoor contaminants. IF YOU HAVE ANY QUESTIONS REGARDING THE HEALTH EFFECTS OF FORMALDEHYDE, CONSULT YOUR DOCTOR OR LOCAL HEALTH DEPARTMENT. WELL DISCLOSURE. Builder certifies that Builder does not know of any wells on the described Real Property. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE. Builder certifies that there is no individual sewage treatment system on or serving the Property. INSPECTION. Buyer has the right to inspect the Property prior to Closing, but agrees to abide by all safety regulations (OSHA) that may be in effect on the site. MINNESOTA LAW. This Agreement shall be governed by the laws of the State of Minnesota. ENTIRE AGREEMENT. This Agreement, and any attached exhibits and /or addenda or amendments signed by the parties, shall constitute the entire agreement between Builder and Buyer, and supersedes any other written or oral agreements between Builder and Buyer. This Agreement can be modified only in writing signed by Builder and Buyer. ACCEPTANCE. Buyer understands and agrees that this Agreement is subject to acceptance by Builder in writing. The delivery of all papers and monies shall be made at Builder's office. ASSIGNMENT. This Agreement shall not be assigned by Buyer without the written consent of Builder, which consent may be given or withheld at STATE DEED TAX DUE HEREON: $ 816.95 Date: April 13, 2004 FOR VALUABLE CONSIDERATION, The Rottlund Company, Inc., under the laws of Minnesota ,a Corporation , Grantor, hereby conveys and warrants t Clifford R. Dahlman and Angeline E. Dahlman ,Grantee as joint tenants, real property in . Hennepin County, Minnesota, described as follows Unit No. 3201, Common Interest Community No. 1039, a condominium, Garden — Villas at the Reserve, Hennepin County, Minnesota. "The seller certifies that the seller does not know of any wells on the described real property." together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: The Rottlund Company, Inc., By: _.. Its ie inancial Officer Steven A. Kahn (Affix Deed Tax Stamp Here) By: Its STATE OF Minnesota ) ss COUNTY OF Ramsey ) The foregoing instrument was acknowledged before me this 13th day of April 2004 by Steven A. K ahn and the _ Chief. Financial Officer and of The Rottlund Company, Inc - - - -- a Corporation _under the laws of Minnesota on behalf of the Corporation _ Notary Stamp or Seal (or other Title or Rank) SHARON M. FARINACCI �M NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPiHES C 2 Signature of person taki g acknowledgment Tax Statements for the real oroverty described in this Settlement Statement Note: This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown. Items marked ( "p.o.c. ") were paid outside the closing; they are shown here far information purposes and are not included in the totals. D. Name of orrower: Clifford and Angeline Dahlman Add 13936 54th Avenue North #1 E. Same of e er: The Rottlund Company, Inc. e er . ress: 0 entre Pointe Drive, Roseville, MN F. Name of Lender: none Address: G. Property Loe ation: 13936 54th venue Address: Plymouth, N H. Settlement gent: tewart it e gent A ress: Place of ett ement: e ottlund Company, Inc. IClosing Date: Address: 1 3065 Centre Pointe Drive, Roseville, MN 1 4/1 T/2 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 240,280.00 401. Contract Sales Price 240,280,00 102. Personal Property 402, Personal Property 103. Settlement charges to borrow (line 1400) 767.50 403 104 404 105 1405 Adjustments For Items Paid By Seller In Advance: Adjustments For Items Paid For Seller In Advance: 106, City /town taxes to 406. City /town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408, Assessments to 109 Association fees 772.06 409 110 41(3 111 411 112 412 G ross Amount Due From Borrower- 1 241,819.561420. Gross Amount Due To Seller: 240,280.00 201. Deposit or earnest money 5,000.00 501. Excess deposit (see instructions) 5,000.00 202, Principal amount of new loan(s) 502. Settlement charges to seller (line 1400) 7,449.51 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204 Carpet Cleaning Credit 504. Payof of l st Mortgages 205 505. Payoff of 2nd Mortgage 206 506 207 507 208 508 1 509 209 Adjustments For Items Unpaid By Seller: I Adjustments For Items Upaid By Seller: 210. City /town taxes Specials Cert to 2004 510. City /town taxes 211. County taxes to 2004 Poe 511. County taxes to 2004 Poe 212. Assessments to 512 Assessments pending none 213 513 Escrow for completion 214 514 215 515 Special Assessments Poe 216 516 218 518 220. Total Pat By /For Borrower: 1 5.,000.00 520. Total Reduction In Amount Due Seller: 1 12,449.51 300. CASH AT SETTLEMENT FROM /TO BORROWER: 600. CASH AT SETTLEMENT TO /FROM SELLER: 301. Gross amount due from borrower (line 120) 241,819.56 601. Gross amount due to seller (line 420) 240,280.00 302, Less amounts paid by /for borrower(line 220) 5,000.00 602. Less total reduction in amt due seller(line 520) 12,449.51 as Borrower: 1 236,819.561603. as e er: 227,830.4 ... rr,nm.Tx rTr -- -- ", t TI.,, :.. F,..,...,, «:..., ...,,,r.,. -d ;n RI.,..Le R f: W -A t -A nn Tina A01 1- ;f l;na Atli :c .,craric4arl linac A(12 nn.i 4n, L. SETTLE CHARGES PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 700. Total Sales /Broker's Commission Based on Price Division of commission (line 700) as follows: 702. To 703. Commission paid at settlement to Showcase of Homes Realty . 704 800. ITEMS PAYABLE IN C ONNECTION WITH LOAN. 801, Lo Origin ation Fee % 802. Loan Discount % 803, Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee 806. Mortgage Insurance Appli Fee to 807. Assumption Fee 808 809 810 811 900. ITEMS REQUIRE BY LENDER TO BE PAID IN ADV ANCE. 901. Interest From to @$ ! day 902. Mortgage insurance premium for mo. to 901 Ha zard insurance premium for yrs. to 904. yrs. to 1000. RESERVES DEPOSITED WITH LENDER 1001, Hazard Insurance mos. @ $ / mo. 1002. Mortgage Insurance mos. @ $ / mo, 1003. City property taxes mos. @ $ / mo, 1004. County property taxes mos. @ $ / mo. 1005. Annual assessment (Maint.) mos. @ $ / mo, 1006. mos. @ $ / mo, 1007. mos. @ $ / mo. 1008, mos. @ $ / mo. 1100. TITLE CHARGES: 1101, Settlement or Closing Fee 1102. Title insurance Binder 1103. Title Examination 1104. Title Insurance Binder 1105. Document preparation 1106, Notary Fees 1107. Attorney's fees to includ above items No. 1108, Title Insurance includes above items No. 1109. Lender's Coverage $ 1110. Owners Coverage $ $ 1111 1112 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES. 1201. Recording Fees: Deed 35.00 Mortgage Release $ 1202, City /County Tax/Stamps: Deed $ Mortgage $ 1203, State Tax/Stamps: Deed $ Mortgage $ 1204 Conservation Fee 1205 1300. ADDITIONAL SETTLEMENT CHARGES. 1301. Survey to 1302. Pest inspection to 1303 Special Assessment Search 1304 Residue Certificate 1305 1400, TOTAL SETTLEMENT CHARGES (entered on lines 103and 502) 767.50 7,339.51 Certification: I have reviewed the HUD -I Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all re •pts nd disburse ents ade on y ac u r by me in ais transac • n. I Further certify that I have received a coy of HUD -1 Settlement Statement. o r Seller B ler To my knowledge, t6-- HUD -1 Sealement Statement is u true & accurate aeeuka t ul funds Alch were r • • ved and have bet r w lk dish ttl tI undetsigntd as part ui the nulcmem of this uansactiun. Settlement Agent Seller �_„___ . _„�,_ �.._..,._..... ., c..,..,»..,.,[. c.,ne,•� �,..t o,,•,.ti��..�. �,,,.,.,r„.. hNrNnn nrknnwlNrluN hicttheir antnnval of tax nroratinns and signifies their understanding that Drorations wee CLAIM FOR INCIDENTAL /CLOSING COSTS (Replacement Dwelling) Name: Clifford and Angeline Dahlman Project Name: East Winnetka Area County: Hennepin Owner: Clifford and Angeline Dahlman Address: 5446 Winnetka Avenue North City: New Hope Type of Acquisition: Total Take Approved Amount: $ 767.50 Approved: Approved: k g �( Relocation Consultant Date of Application Approved: Payment to: Clifford and Angeline Dahlman A. Loan Origination Fee $ 0.00 B. Appraisal Fee $ 0.00 I. Owner's Title Insurance $ 602.50 J. Plat Drawing $ 0.00 K. Name Search $ 0.00 L. Courier Fee $ 0.00 M. Recording Fees $ 35.00 N. MN Hennepin Conservation Fee $ 0.00 O. MN Recording Fee $ 0.00 P. Mortgage Registration Tax to Hennepin Cty Treasurer * $ 0.00 INITIAL PAYMENT $ 767.50 (See totals listed on the Settlement Statement) *Pro -rated to project mortgage balance I, the undersigned, do hereby certify that the above information is correct to the best of my knowledge and that I have submitted by replacement home Lenders Good Faith Estimate to document the estimated costs I may incur relating to the purchase of my chosen replacement home. I understand that adjustments to the final payment for closing and incidental costs may be required based on actual costs incurred, which will be documented by my replacement home settlement statement. a Signed: s Date: 7,. — -- G Signed: Date: �,� r � ,� � .tea RELEASE OF PROPERTY This is to certify that we, Clifford and Angeline Dahlman, owners, were the sole occupants of the project site property at 5446 Winnetka Avenue North, New Hope, MN, until the City of New Hope acquired the property for the East Wit etka Area Project. We hereby give notice to the City of New Hope that we have vacated the project site property referenced above and relinquish all rights to property, real or personal, at this project site. • FU�� do hereby acknowledge receipt of the appraisaf r for my property at 5446 Winnetka Avenue North as it pertains to the East Winnetka Area Redevelopment project, this -,2 day of 200. Sig Date RELOCATION CONSULTANT CERTIFICATION I hereby certify the following: I have personally met with the project site occupants (claimants) and have reviewed the claim/payment documentation submitted by them. To the best of my knowledge the statements and documentation contained in this claim booklet, upon which the request and recommendations for payment are based, are true and correct. That I or a consultant with Evergreen Land Services Company has inspected the replacement dwelling chosen by the claimants for which the replacement housing benefits were claimed, as documented herein, and have found that such replacement dwelling meets the Uniform Relocation Regulation definition for decent, safe, and sanitary housing, detennined to the best of our ability. A copy of the inspection report will be kept in Evergreen's files for this claimant. To the best of my knowledge and ability, the relocation assistance provided to these claimants, this claim for payment, and the recommendations made herein have been done in conformity with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended and the implementing regulations thereof. Neither myself nor the owner or other employees of Evergreen Land Services has a present or contemplated interest in the property involved or relationship to the occupant(s) or to the Displacing Agency staff and representatives. Neither the employment to provide relocation assistance services nor the compensation for the services are contingent upon the amount of relocation assistance provided and amount of eligible payment recommended herein. Please see # for remaining -7 1' I corresponuGl 1— REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 5 -24 -04 Consent Item No. By: Ken Doresky, Community 6.6 Development Specialist B , RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO VEIT & CO. IN THE LOW BID AMOUNT OF $103,068.79 (IMPROVEMENT PROJECT FILE 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768) REQUESTED ACTION Staff recommends Council approval of the attached resolution awarding a contract to Veit & Co. in the low bid amount of $103,068.79 for demolition of 14 properties required for the Winnetka Green development. POLICY /PAST PRACTICE For contract exceeding $50,000, staff solicits sealed bids per State of Minnesota requirements. In the past, Veit & Co. has completed work for the city in a responsible manner. BACKGROUND The city currently owns 10 of the 14 properties. Staff expects that all of the subject properties will be in the city's possession by July 31, 2004. Although the demolition bid includes four properties that are not owned by the city, those properties will not be demolished until the city completes acquisition. It is likely that demolition of the remaining four properties will not take place until August 2004. This timeline conforms to the development agreement with Ryland Homes. The four remaining properties are included in Phase 2 of the Winnetka Green development which is not expected to begin until September 2004. On April 12, 2004, the Council passed a motion approving plans and specifications and authorizing advertisement for bids for demolition of the subject properties. Environmental hazards such as asbestos were bid as unit costs and will be removed on an as- needed basis per the environmental hazard surveys. The demolition contractor has indicated that they plan to work with a house mover to move four of the homes to locations outside of the city. In the past, specifications were designed to comprehensively evaluate each site and combine the subject sites with other adjacent city owned properties into a maintainable park -like condition. Due to the timing, associated cost and proposed development grading plans, the specifications did not include that provision. On May 13 a bid opening was held and Veit & Co. submitted the low bid of $103,068.79. Attached, please find a list of the bids. Below, please find a list of the properties: MOTION BY SECOND BY -p-- TO:� I: \RFA \PLANNING \Housin \East Winnetka Redevelopment \Q &R —Demolition Contract Award Phase 2.doc City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 May 11, 2004 Re:- Property located at 5446 Winnetka, New Hope, MN. Dear Ken: Further to our visit to the above referenced property on May 5th, 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that there are friable and class one non - friable asbestos containing building materials contained in or on the fabric of the structure. The friable asbestos containing materials are: 1. Approximately 180 -200 square feet of asbestos containing linoleum in the kitchen. 2. Approximately 160 -180 square feet of asbestos containing vermiculite insulation in the kitchen. 3. Approximately 1 sink with an asbestos containing coating in the kitchen. The non - friable asbestos containing materials are: 1. Approximately 1300 -1500 square feet of asbestos containing mastic in the basement, lower living room, shed and kitchen. No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report relates only to the residential structure located at 5446 Winnetka in New Hope, MN. 90 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of this survey approximately 2 thermostats (possible mercury containing switch), 1 smoke alarm, 1 boiler, 1 water heater, and 11 fluorescent lights with associated ballasts were noted. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry From the asbestos stand point the structure is ready to be demolished, only after all of the above listed friable materials are removed from the property. If the category 1 non - friable materials are allowed to be left in place for the demolition, the landfill must be made aware that the demolition debris will contain (minimal amounts of) category 1 non - friable asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). Note this survey is not a scope of work or a bidding document. If you have any questions, please call me at the number above. Thank you. Sincerely, Steve Wallinga Angstrom Analytical, Inc. r 0 O r fA LU to CO tty z C ? 04 Rf to C 04 U) C .:; U*) 0 0) -i tiN U. cu L O o a N Lr) LO E CY) 0 0 — CD Lo 0 C) N 0 2 P* C P II 16 N it II z z z z z z z z z z z z z z z z Z Z QO may a va rA CIO C- V) cn V) cn cn uo V) 0 U II II II II II II II 0 C) C) C C) 0 C:) 0 C-4 C) C-4 C - 4 N C 0 0 m m v-) w) v) v) C-4 U Q cl I kr) I kr) V) u ::1 — — r- r- 0 0 0 00 00 CY 2 bA 4. o e- C6 75 0 - 0 kr) 00 cn z c n al uo Z cq z (D kn 0 Z H cn cl CD "al (D 0 (1) 0 (D "4 Q) 0 al q,) = t�b 1:4 b4 Cd C) E kr) R 0:1 ci Piz > it 05 iVi LO LO In I- Z 04 R LO G. 04 0 C14 .5 LO 0 C) _j Gi U. C . • - m U') is o C 4 Ln C*4 N E M LO v C) 0 (D CD Ln 0 u 0 . ca 23 7i 4 II II II II II z z z z z z z z z z z z z z z z z Z w w w C/I C/a V) V) E o Z E 2 A '6 U < u 11 It 11 11 11 II II 0 C) C) 0 0 0 c C) C) 0 C=) U W) W') V) 00 00 00 IN N w 00 — C14 m ILn m U U z a5 c : u Q Q Z z z z U z z - 0 2 0 o 11 II II 11 11 11 II oc Do J" V V if) "D � 0 b r- r- f— c? 00 0 7t N V) kn W) 00 kr) 0 0 tr) 00 00 00 P� z m Cl) V) as (r) Z cc; z v cd 0 Ru a5 .may ct C4 0 7a x ,t Cl) C.) 0 kr) tr) c; O cd u I 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 ANALYSIS OF BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT MICROSCOPY (PLM) for: City of New Hope Attn: Ken Dorsky 4401 Xylon Avenue North New Hope, MN 55428 -4898 IClient Job or reference: Number of samples: 5446 Winnetka Ave N 90 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim Method #600844 -82 -020 (polarized light microscopy with optional dispersion staining). The method defines an asbestos - containing material as one that contains greater than 1% asbestos by weight, and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non fibrous forms of minerals are discernible macroscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >10; non -fibrous amphiboles are generally those whose mean aspect ratios are approximately <6 During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non-fibrous categories. That non fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used. PERCENTAGE REPORTING The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from comparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50 %. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point- counted, according to the EPA Interim Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more than one apparent type of material or layer, the percentage of each fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested and may not, due to the sampling process, be representative of the material sampled. ------------------ -------- -------------------------------------- - - - - -- - Date: May 11, 2004 Steve Wallinga, Angstrom Analytical, Inc. 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C $ § � � # U- k ? co CL �kk }§% ■ ° Q O c 4 c ° E § 0 z 0 w »§ §G ■ d aU < 2� � � r ► ► Wo S � LO LO 4 � n n .§ _ 0 � 7 _0 m 0 w 0 -�e m � % - a Q U C) O LO Q E � .g � @ c � E R @ D c Ef O � gy� V,p�g� ngstrorn d a W 0 Analytical, Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252• -0407 May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: - Limited Scope Lead -Based Paint Testing Report This report provides the results of a limited scope lead -based paint testing conducted on May 5, 2004 at 5446 Winnetka Avenue North in New Hope, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect deteriorating lead -based paint by using a field portable x -ray fluorescence (XRF) analyzer, and to collect and analyze paint chip samples, as necessary, to achieve conclusive results. Results Results of XRF and laboratory analysis are summarized in the following report, which lists all components exceeding Department of Housing and Urban Development (HUD) thresholds (see remarks) for lead -based paint. Complete XRF field data showing all samples results are attached. Methodology Testing was accomplished using a Niton XL -309 (300 Series). This instrument is a portable, non - destructive, in -situ testing and measurement instrument that renders an average precision of +/- 0.3 milligrams per square centimeter (mg /cm depending upon the length of time the sample point is tested. Specific precision limits are established by the National Institute of Standards and Technology (NISI). This instrument contains a radioactive isotope, Cadmium -109, with a maximum activity of 10 m Ci. The manufacturer of the sealed source is Niton Corporation, the source model is XFB3205. This instrument is registered with the Minnesota Department of Health and is operated by licensed lead inspectors. Sampling protocols recommended in HUD's "Lead -Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing." May 1991 revision, were used to determine the presence or absence of lead -based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Remarks The Lead -Based Paint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead -based paint hazards equal to or greater than 1.0 mg /cm or 0.5 percent by weight must be abated. Standards for private or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need further assistance, please call us at the number above. Sincerely, Steve Wallinga Angstrom Analytical, Inc. o � � n gg 01 Cedar Lake Road S. �wtro n 9 ca Inc. i Yi�w7 ®i �4d� 00�11���1�PowQ�I� Y!`iI 1.0 1.0 1.0 " St. Louis Park, Mid 55416 Condition Office: (952) 252 -0405 ,t Fax: (952) 252 -0407 1) Cement Ceiling 0.0 May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Summary of Findings Lead -Based Paint Screening by XRF The scope of our services was limited to the detection of lead -based paint through the use of a portable XRF at 5446 Winnetka Avenue North in New Hope, Minnesota. All measurements are mg /cm2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Location & Material Results Condition Basement 1) Cement Ceiling 0.0 Poor 2) White Sheetrock Wall 0.0 Poor 3) White Window Sash 0.0 Fair 4) White Cement Wall 0.0 Fair Main Level 5) Varnished Wood Window Sill 0.0 Fair 6) Varnished Wood Window Well 0.0 Fair 7) Varnished Wood Window Trim 0.0 Fair 8) Tan Door Jamb 0.1 Fair 9) Varnished Door Trim 0.0 Intact 10) Varnished Wood Door 0.0 Poor Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Location & Material Results Condition Bedroom 17) Brown Window Trim 11) White Sheetrock Wall 0.0 Fair 12) Varnished Wood Window Sill 0.0 Intact 13) Varnished Wood Window Well 0.0 Intact 14) Varnished Wood Window Trim 0.0 Intact 15) White Sheetrock Ceiling 0.0 Fair Exterior 16) White Stucco 0.0 Intact 17) Brown Window Trim 0.0 Intact 18) Tan Window Sash 0.0 Intact 19) Brown Garage Door Jamb 0.0 Intact 20) Brown Garage Door Trim 0.3 Intact 21) Red Shed Siding 0.0 Fair 22) White Shed Trim 0.2 Poor 23) White Wood Soffit 2.1 Fair 24) Brown Deck 0.0 Fair 25) Brown Facia 2.2 Fair 26) Tan Siding 0.0 Intact Please see # for remaining correspondence ;+� - 7 !`i � - �t '12 7 - 7;' , - 7 4, 7C y r 7C S CITY OF NEW HOPE PUBLIC IMPROVEMENT CONTRACT BULK ASBESTOS AND ENVIROMENTAL HAZARDS SURVEI' I PROJECT NO. 751 For valuable consideration as set forth below, this Contract dated the 12`" day of April . 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Angstrom Analytical, a Minnesota (hereinafter "Contractor"). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the Description of Work (attached as Exhibit A) and the Request for Quote (attached as Exhibit B), all of which are incorporated hereby by this reference. This Contract and the Exhibits A and B attached shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the "Work "), shall include the entire completed work required to be furnished under this Contract for the 14 properties indicated in the "Request for Quote" attached as Exhibit B and more fully described in the "Description of Work paragraph (1)" attached as Exhibit A. As part of the Work, the Contractor agrees to remove all excess material generated by the Work from each property. CONTRACT PRICE The City agrees to pay Contractor six thousand twen $y 6 02 0, payable upon the City's acceptance of Contractor's performance under this Contract. 4, COMPLETION DATE/LIOUIDATED DAMAGES The City anticipates it will have possession of all 14 properties subject to this contract by no later than June 1, 2004. Contractor shall complete its performance under this Contract for each individual property within seven (7) days after it receives a written Notice to Proceed from the City for each property as required by the "Description of Work paragraph 4" attached as Exhibit A (hereinafter "Completion Date for each property "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the Completion Date for each property: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for each property, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day per property as liquidated damages. INSURANCE/BOND ?1S 7�- Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as an additional insured under the policies: • 1• 1 BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. PARTIES. This Purchase Agreement is made on March , 2004, by and between Clifford R. Dahlman and Angeline Dahlman husband and wife, of 5446 Winnetka Avenue North, New Hope, Minnesota 55428, SELLER, and the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, of 4401 Xylon Avenue North, New Hope, Minnesota 55428, BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: The North 70 feet of the South 590 feet of Lot 38, Auditor's Subdivision No. 226; Property Tax Identification Number or Tax Parcel Number 05- 118 -21 -33 -0016; located at 5446 Winnetka Avenue North, City of New Hope, County of Hennepin, State of Minnesota, 55428. 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other party. . 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the real property are included in this sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain - traverse - drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in humidifiers, built - in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, installed carpeting, work benches, security systems, and also the following property: Buyer has informed Seller they may remove permanent fixtures from the property, Seller agrees es to notify and obtain Buyer's approval before _any _vermanent fixture is removed from the property. Upen deliver-y ef the Deed, Seller- shall a4se deliver- a Waffanty Bill of Sale far- the above pefseiial pfepefty, i.vu _ Pre V111allo. 0T277 - 7 , Araffanty iTQST7iLIri .' 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred Twenty -Two Thousand Five Hundred and 00 /100 Dollars ($222,500.00) which Buyer shall pay as follows: Earnest money of $0.00 by CASH, CHECK t(Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, ❑ Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, ❑ Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, Zi11'T1'J and $222,500.00 cash, on , 2004, the Date of Closing., 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a General Warranty Deed, joined in by spouse, if any, conveying marketable title of record, subject to: A T) ... 1 -1_.__. _._J _ - t . . . .. . - . 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be % of the prior year's taxes, and such estimated proration shall be ��*v�e -& FULL AND FINAL BETWEEN SELLER AND BUYER. RECEIPT OF TBE ACTUA4� TAX STATEMENTS FOR SUCH NEAR (in whieh ease the par-ty ent4tled to a er-edit as a result of the adjustment shall r-eeeive the amount of sueh er-edit from the other- paAyv� 30 days a f the tax statements). Seller represents the taxes due and payable in the year(s) 2004 will be FULL, PART, N - homestead classification., unless Buyer- ehanges the tax elassifieation for taxes payable in the ye fellowing elesing by taldng possession of the real pr-opefty as Buyer-'s hamestead and filing a new homestead deelaf4ien v�4�ia the time fequirred by law. if the taxes due and payable in the year- of elesiiig afe PART o NON homestead elassifieation, Seller- shall pay to Buyer- at elasing $ in addit4en teSellef's pfe shafe ef the taxes. if the taxes "e and payable iii the year- fellewing el-. ­T- of NON heffiestea elassifieation aiid the elesing takes plaee after- the date by whieh Buyer- faust take pessessiefi of the feal pfepe as Buyer's hemestead te file fer- homestead tax status faf taxes due and payable in sueh year-, Seller shall pay to Buyer -at elosing $ as Seller's _sk�f ,,e taxes rounvo. f&ri re -one, -BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING / SELLER SHALL PAY ON DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. [SO4 � - one] BUYER SHALL ASSIA4E / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this Purchase Agreement. f&4ke —One BUYER S"" SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment shall be by payment into escrow of 1 -1/2 times the estimated amount of the assessments.) As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; or C. Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows: None. C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed ^° G entfaet f f Deed Any action based upon these warranties and representations must be commenced within two years after the date on which the Buyer closed on the purchase of the real property. D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinances or lending regulations, Seller does not plan to have the property inspected. E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive the written disclosure requirements [see (3) below]. Minnesota Statutes Section 513.57, Subd. 2. LIABILITY. A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property. [Select only one of these three.-] ❑ (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. Subdivision 1. CONTENTS. (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The disclosure must include all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely and significantly affect: (1) an ordinary buyer's use and enjoyment of the property; or, (2) any intended use of the property of which the seller is aware. (b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure. Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seller learns that the seller's disclosure required by section 513.55 was inaccurate. Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. ❑ (2) Inspection Report. Buyer has received an inspection report by a qualified third -party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare the written report. (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) if a copy of the report is provided to the seller. 0 (3) Waiver of Disclosure. Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF N W HOPE SELLER: -'e �; t b ,� BY: l Clifford Dahlman W. P pter Enc1S„President SELLER: � BY: Angeli e Dahlman anieI J. Donahue, Executive Director Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the municipality in which the real property is located. 13. POSSESSION. Seller shall deliver possession of the property not later than the Date of Closin but subject to any access agreement entered into by the parties eller agrees to pay all interest, fuel oil, geld petfoleum °�� and all charges for city water, city sewer, electricity, and natural gas through_ and including s 1— — YY�V VI t he �° pa of- the Date of Closing. bet wee n r *SEE ADDITIONAL TERMS EXA MINATION OF • --. - • 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period exnirec (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer; (3) Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: (1) Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; (2) Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable lawyer's fees; (2) Seek specific performance within six months after such right of action arises. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 17. SUBDIVIS! D. If this sale eenstiwtes or- F-eqldifes a subdivisiefi of land owned b5 Seller-,,Sellef shall pay all sub&Asien expenses and ebtaifi all Reeessar-y govemmental appfevals. Seller- waffaiiAs that the legal dese6ptien of the real pr-epei:ty to be eeffveyed has been of will be approved for- r-eeer-ding as of the Date of Elesing. 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 19. WELL DISCLOSURE. (Check one of the following) ❑ Seller certifies that Seller does not know of any wells on the real property. ® Wells on the real property are disclosed by Seller on the attached Well Disclosure Form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B] A. ® Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, a city or municipal sewer system). B. ❑ Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). [Check either C or DJ C. ❑ Seller does not know if there is an abandoned individual sewage system on the property. ® Seller represents that the dwelling was construed on the real property before 1978. (If such housing is located on the real property, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form 116 -M, 117 - M, or 118 -M] Affidavit of Seller. 24. CLOSING. Closing shall be at the , agr eeable leeat en. [State other location]: New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: *Buyer shall obtain, at Buyer's expense, a Commitment for an Owner's Policy of Title Insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota. Buyer shall be responsible for payment of those costs necessary to prepare such Commitment, including but not limited to abstracting fees, name search fees, service charges, etc. Buyer shall pay the premium for the Owner's Policy of Title Insurance. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 26. ADDENDA. Attached are 4 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement, 28. MULTIPLE ORIGINALS. Seller and Buyer have signed 3 originals of this Purchase Agreement. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSTULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. SELLER: I agree to sell the property for the price and terms and conditions set forth above. Date: March , 2004. Clifford R. Im_ an SSN NEW Date: March , 2004. GZ �v Ange line Da man_ ._ I agree to purchase the property for the price and terms and conditions set forth above. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Date: March 004. O Y: - e r;% -'7 ZE't W. Peter Erick, President Date: Marche , 2004. - 7 �- .. ..1411,1WFAMME INEWWWWAR P2 PA W U =1601 . _ ral al re W11§01 SIVIOMP • a,. a • o Oil • • - LZAU - �• 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form 116 -M, 117 - M, or 118 -M] Affidavit of Seller. 24. CLOSING. Closing shall be at the , agr eeable leeat en. [State other location]: New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: *Buyer shall obtain, at Buyer's expense, a Commitment for an Owner's Policy of Title Insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota. Buyer shall be responsible for payment of those costs necessary to prepare such Commitment, including but not limited to abstracting fees, name search fees, service charges, etc. Buyer shall pay the premium for the Owner's Policy of Title Insurance. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 26. ADDENDA. Attached are 4 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement, 28. MULTIPLE ORIGINALS. Seller and Buyer have signed 3 originals of this Purchase Agreement. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSTULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questions for your lawyer. SELLER: I agree to sell the property for the price and terms and conditions set forth above. Date: March , 2004. Clifford R. Im_ an SSN NEW Date: March , 2004. GZ �v Ange line Da man_ ._ I agree to purchase the property for the price and terms and conditions set forth above. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Date: March 004. O Y: - e r;% -'7 ZE't W. Peter Erick, President Date: Marche , 2004. - 7 Others who will assist Seller or Buyer with this transaction: Lawyer for Buyer Steven A. Sondrall, #103391 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55428 (763) 424 -8811 Listing Agent and Broker for this transaction are N/A Selling Agent and Broker for this transaction are N/A Buyer's Title Insurer Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, Minnesota 55401 [1994; Rev. 1996; Rev. 1997; Rev. 2002] P: \Attomey\JLB \t- Client Folders \CNH\99 -11301 \001 -Residential PA.doc [OW4 of I 13 • •; , t 0' ' Buyer acknowledges that it shall be responsible for payment of the State Deed Tax due on the sale of the above property, as well as the cost of securing a title commitment as set forth in the Purchase Agreement. Buyer will also be responsible for all other closing costs, specifically including all recording costs and all costs to seal the water well on the property. Buyer acknowledges that relocation assistance benefits as determined by Evergreen Land Services Company will be paid to the Seller, as required by law, and the differential payment on the purchase of a replacement property resulting from the sale of the subject property shall not exceed the sum of $12,400. Seller acknowledges the determination of moving expenses and closing costs by Evergreen Land Services Company shall be binding on both parties. SELLER: Dated: March 2004. Cliff ` R. Dahlman Dated: March , 2004. 'E Ange 'ne Dahlman Dated: March , 2004. Dated: March �'-7 , 2004. THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE-, W. Peter Enck Its: President Daniel J. Ifonahue Its: Executive Director P: \Attorney \SAS \1 Client Files \2 City of New Hope\99- 11301 \pa addendum closing costs and diff pmt..doc Miller /Davis Co. © St. Paul, MN 651 - 642 -1988 DG'S'"_ Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORSO, which disclaims any liability arising out of use or misuse of this form. © 2000, Minnesota Association of REALTORS@, Edina, MN Date _ _._ -- March.... -_. -- .__,2094.__ Page-- -- - -- -- -- - Addendum to Purchase Agreement between parties dated March ,2004, pertaining to the purchase and sale of the property at 5446 Winnetka_ Avenue _Nort_h,, New Hope, Minnesota 55428. 11 ------ _.___ Section 1: Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notes the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). V Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the seller (check one below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards (If checked, see Section II below); or Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. Clifford R. Dahlman Economic Development Authority in and for the City of New Hope Seller Date Purchaser Date By: W. Peter Enck, President - -- -- - - -- -- - -- - -- - -- _ _... -- - - -- - - -- - .. _. Angeline Dahlman Economic Development Authority in and for the City of New Hope Seller Date Purchaser Date By: Daniel J. Donahue, Executive Director Miller /Davis Co. © St. Paul, MN 651 - 642 -1988 maues" Form 1519WD (Rev. 10/03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. © 2003, Minnesota Association of REALTORS®, Edina, MN Date March ,?004 _ Page 1 of Pages: THE REQUIRED MAP IS ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, Seller 5. must disclose information in writing to the Buyer about the status and location of all known wells on the property. This 6. requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller does not know of 7. any wells on the property, or a disclosure statement indicating the legal description and county, and a map showing 8. the location of each well. In the disclosure statement the Seller must indicate, for each well, whether the well is in 9. use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails to 11. disclose the existence or known status of a well at the time of sale and knew or had reason to know of the existence 12. or known status of the well, is liable to the Buyer for costs relating to sealing of the well and reasonable attorney fees 13. for collection of costs from the Seller, if the action is commenced within six years after the date the Buyer closed the 14. purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact the 16. local unit(s) of government, state agency, or qualified professional which regulates wells for further information about 17. these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 5446 Winnetka Avenue North, New Hope 55428 Hennepin City Zip County 21. LEGAL DESCRIPTION: The North 70 feet of the South 590 feet of Lot, 38, Auditor's Subdivision X26. 22. 23. 24. 25. WELL DISCLOSURE STATEMENT 26. (Check the appropriate box.) 27. F The Seller certifies that the Seller does not know of any wells on the above described real property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. " The Seller certifies that the following wells are located on the above described property 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31. Well No. Depth Const. Type USE 32. Well 1 r "C� / % G� 1,0 I & G I L ❑ ❑ 33. Well ❑ ❑ 34. Well ❑ ❑ ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: Test results attached? Yes C] NoC] 41. Comments: 42. Contaminated Well: Is there a well on or serving the property containing contaminated water? YesO NoF_i-_] 43. SEALED WELL INFORMATION 44. For each well designated as sealed above, complete this section. 45. When was the well sealed? _ 46. Who sealed the well? 58. Page 2 of Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well' means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the 62. excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. MINNESOTA UNIQUE WELL NUMBER 64. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by 65. the person constructing the well. If the well was constructed after this date you should have the unique well number in 66. your property records. If you are unable to locate your unique well number and the well was constructed AFTER 67. January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and 68. year of construction for each well. 69. WELL TYPE 70. Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples of 72. water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 74. diameter wells connected to a large pressure distribution system. 75. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is typically 76. used to access groundwater for the extraction of samples. 77. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or 78. use of underground spaces. 79. INDUSTRIAL /COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 80. groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). 81. WELL USE STATUS 82. Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well 84, that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not been 86. sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has a metal 89. or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A 90. "capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, 92. check the well status as not in use. 93. If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 94. 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). Miller /Davis Co. © St. Paul, MN 651- 642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORSO, which disclaims any liability arising out of use or misuse of this form. © 2002, Minnesota Association of REALTORS@, Edina, MN 1. Date March ?204 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 5446 WinnetkkaAvenueNorth 5. in the City of New Hope County of Hennep State of Minnesota legally described as follows or 6• attached sheet (the "Property ") The North 70 feet of the South 590 feet of I_ot 38 Auditor's Subdivision No. 22fz _ _.... _ 7. 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 10. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11. OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12. BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTION /DEFECTS. 13. SELLER'S INFORMATION: The following Seller disclosure satisfies MN, Statutes Chapter 115.55. The Seller discloses the 14. following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information 15. in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(s) representing any party(s) 16. in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of 17. the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sale, a Seller who fails to disclose the 19. existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to know of 20. the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into compliance with 21. individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the Seller. An action under 22• this subdivision must be commenced within two years after the date on which the Buyer closed the purchase of the real property 23. where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25. advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Seller(s) actual knowledge. This information is a 28• disclosure and is not intended to be part of any contract between the Buyer and Seller. 29, PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. � The Seller certifies that the Seller does not know of any private sewer system on or serving the above described real 31. property. (If this option is checked, then skip to the last line and sign and date this statement.) 32. ❑ The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate box(es) and indicate location on attached MAP) 34. ❑ Septic Tank: ❑ with drain field ❑ with mound system ❑ seepage tank ❑ with open end 35. J Sealed System (holding tank) 36. ❑ Other (Describe): 37. Is the sewer system(s) currently in use? Yes No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer 39. comply with applicable sewage treatment laws and rules. 40. Is the sewer system(s) in compliance with applicable sewage treatment system laws and rules? Yes ----- _. No__.___ 41. When was the sewer system installed? Installer Name /Phone: 42, 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? _ Form 1519SS (Rev. 8/02) 59. Are there any known defects in the sewer system? Yes No 60. If yes, please explain 61. -- - -- - -- - _ 62. PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 63. R'S STATEMENT: (To be signed �theabove of listing) 64. 1 / We, Sellers) o nowledge Private Sewer System Disclosure and MAP and authorize 65. information to prospective Buyers. go (Date) (Seller) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no representation 69. regarding the condition of the Private Sewer System have been made, other than those made above. LISTING BROKER AND 70. LICENSEES MgKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEWER S TEPA ' t (Buyer) W. Peter Enck, President, New Hope EDA (Date) (Buyer) Daniel 7. — Donahue, Executive Director, New Hope EDA (Date) 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, I/We, the Seller(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have been 76. initialed and dated. 77. (Seller) i (Date) (Seller) (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. © St. Paul, MN 651- 642 -1988 s DCS — Form 1519 MAP (Rev. 7/94) PRIVATE SEWER SYSTEM ANDIOR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. Date MalCh 2004 Page 1 of __ —_ _ Pages 2. Please use the space below to sketch the real property being sold and the location of each _ SEWER SYSTEM _ WELL on the Property. (check all that apply) 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4. Property located at: 5446; Wnnetka Avenue North, New Hope, Minnesota 55428 5. _ FIRST AND SECONDFLOOR SKETCH 25.0' . ......._.__. __...... 12.0' 3- Season Porch 12.0' 3.5' 9.0' Bedroom Bedroom 23.0' 2ND FLOOR 19.5' 12.0' 6.0' Kitchen Bedroom Full 7.0' Bath 10.0' 4.0' J�`� ...- -- Entry Dining 24.5' / 7.0 Area 3- Season Porch 5.0' 1ST FLOOR Living Room 15.5' U)d r d �- ti / mn$ 1 Car Garage 20.0' 14.0'