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IP #760February 19, 2004 Mr. Ken Doresky City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 SUBJECT: Request for Final Relocation Payment Tenant Name(s): Dennis & Carol Cline Project Site Address: 5400 Winnetka Avenue North, Dear Ken: *; , Enclosed are two completed relocation claim booklets for Dennis & Carol Cline for your files. The above - referenced owner occupant has requested that the City of New Hope, provide them with their final relocation payment of $5,295.44 to cover their replacement 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 $ 5,295.44 payable to Dennis and Carol Cline This payment will finalize their relocation claim. I would appreciate your processing this request for the relocation payment at your earliest convenience. Please contact the Cline's directly when the check is ready and they will pick it up. Home phone (763) 533 -2556 or cell phone (763) 226 -5632. Thank you for your assistance! Please feel free to call me at (651) 882 -0200 if you have any questions. Sincerely, 0 ` 0 dul Kari Klassen Relocation Consultant SERVI COMP Acquisition 'a Relocation Sl 4131 Old Siblet Memorial Hil;r Suite 201 Eagan, MN 551; 651 - 882 -020 888-411-1134 Fax: 651 - 882 -651 Encl. City of 1 ',1' East Area Project Owner Occupant Claim Moving Expenses and Replacement Housing Supplement February 2004 Dennis and Carol Cline 5400 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 -0200 /FAX (651) 882 -6564 Final Residential Relocations Claim Replacement Housing Payment Cpl: ►/ ITIM CCU f0 , : IT. 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. �VJUV 101 i a . D 1 1 i Resident (Claimant) Names: Dennis and Carol Cline Project Site Address: 5400 Winnetka Avenue North, New Hope, MN Type and Date of Occupancy: Claimants have been owner - occupant of the project site since 1985. 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 $0.00 Incidental Closing Costs $3,245.44 Moving Costs $2,050.00 Total Amount of These Claims: $5,295.44 Less "Advance" Payment Made by the $0.00 Department of Administration Make Payment to: Dennis and Carol Cline Comments: Na November 24, 2003 Mr. & Mrs. Dennis Cline 5400 Winnetka Avenue North New Hope, MN 55428 Dear Mr. & Mrs. Cline: s 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 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 e TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 ® Police Fax: 763 -531 -5174 e Public Works Fax: 763- 592 -6776 RE: Relocation Eligibility and Information Notice Project Name: East Winnetka Area Project Address: 5400 Winnetka Avenue North, New Hope, MN Dear Dennis and Carol: 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 5400 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 (Uniform 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, ^003 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: L 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. CITY OF EW OPE 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 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 Asking Price Name Telephone # 1) 6100 Winnetka Avenue $204,900 Gary Gronquist 651- 334 -1625 North, New Hope (comp price $216,775) 2) 5841 Decatur Avenue $210,000 Chris Gemla 612 -990 -9595 North, New Hope (comp price $225,100) 3) 8801 30` Avenue North, $222,900 Judith Wiberg 651 -636 -9000 New Hope (comp price $227,610) We have chosen the first property at 6100 Winnetka Avenue North, 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 $16,775.00. If you purchase or build a decent, safe, and sanitary replacement home which costs less than $216,775.00 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. CLAIM FOR MOVING COSTS Name: Dennis & Carol Cline Project Name: East Winnetka Area County: Hennepin Owner: Dennis & Carol Cline Address: 5400 Winnetka Avenue North City: New Hope, MN Approved Amount: $ 2,050.00 Approved: • p, y Approved: Relocation Consultant Date of Application Approved: _ Payment to: Dennis & Carol Cline Receipted Bills Room basis: X If room basis - number of rooms: 14 $2,050.00 Dislocation allowance Included Residence from which you moved Apartment No. of Rooms House No. of Rooms: 14 Basement F__] Garage Was it furnished with your own furniture? 5] Yes ❑ No Name of Mover: NA Date of Move: NA Address: NA City: NA LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED: Address: 9825 129 Lane North City: Champlin, MN 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. Signed: Date: 79 - t �/ j A Signed: ?` ° Date: - cif Fixed Moving Claim Name of Claimant(s): Dennis and Carol Cline Project Site Address: 5400 Winnetka Avenue North, 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 = (14). Number of rooms occupied but not furnished by Business Owner = (0). For total room count of 14, payment schedule = $2,050.00. The room count for purposes of this moving payment has been determined as follows: Kitchen, Dining Room, Bedroom (3), Living Room (2), Laundry Room, Pantry, Shed (3), and Garage (2). Evergreen Land Services Company recommends that the City of New Hope approve total payment of $2,050.00 to Dennis and Carol Cline for their non- documented fixed moving costs. REPL ACEMENT HOUSING CLAIM Name: Dennis & Carol Cline Project Name: East Winnetka Area County: Hennepin Owner: Dennis & Carol Cline Address: 5400 Winnetka Avenue North City: New Hope, MN Type of Acquisition: Total Take Acquisition Price: $205,000 Comparable Price: $216,775 Approved Amount: $ 0.00 Approved: Age" c Approved: �riv (rz Relocation Consultant Date of Application Approved: Payment to: Dennis and Carol Cline told I Address: 9825 129 Lane North City: Champlin State and Zip: MN Supplemental payment will be used to rent decent, safe and sanitary replacement home 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. Signed: Date: Signed: 6 �_ �_ .2'r -r' Date: 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: Date: Relocation Consultant 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 pen 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 term 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: Dennis and Carol Cline Project Address: 5400 Winnetka Avenue North, New Hope, MN Replacement Address: 9825 129 Lane North, Champlin, MN Computation of Replacement Housing Benefits: 1) Price of Comparable Replacement Dwelling 2) Price of Actual Replacement Dwelling 3) Lesser of 1) or 2) 4) Acquisition Price of Project Dwelling 5) Difference between 3) and 4) 6) Increased Mortgage Interest Costs 7) Incidental /Estimated Closing Costs 8) Total of 5), 6) and 7) 9) ELIGIBLE REPLACEMENT HOUSING BENEFITS REQUESTED IN THIS INITIAL CLAIM $ 216,775.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 0.00 $ N/A $ 3,245.44 $ 3,245.44 $ 3,245.44 Infonnation 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 Lenders Good Faith Estimate 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 Dennis and Carol Cline at this time in the amount of 3 2$ 45.44 Replacement Dwelling Inspection Form Name of Displacee: Dennis & Carol Cline Project/Displacing Agency: City of New Hope Yes/No/Na ?., O Dwelling is structurally sound, weather tight, and in good repair. r Dwelling contains an adequate, safe electrical system. SDwelling contains a safe heating system capable of sustaining a healthful temperature. &LI Dwelling is adequate is size in respect to the number of rooms and area of living space 'V needed to accommodate the displace person/household. Dwelling has a separate, well lighted and ventilated bathroom with sink, bathtub or shower stall, and toilet, all in good working order and properly connected to appropriate sources of water and sewage drainage system. � In case of a housekeeping unit, dwelling has a kitchen area containing a fully usable sink, and adequate space and utility service connections for a stove and refrigerator. j ') Dwelling contains unobstructed egress to safe, open space at ground level or if on the second story or above with access directly from or through a common corridor, the common corridor must have at least two means of egress. J Ov For a person who is mobility impaired, dwelling is free of any barriers, which would preclude reasonable ingress, egress, or use of the dwelling by such person. If the displacee chooses to relocate to a dwelling that they select and the displacee determines that they have reasonable access /use of the dwelling, this requirement will be satisfied. 4 L---Pwelling complies with Federal lead -based paint requirements. I hereby certify that I have inspected the above - referenced dwelling and have completed the inspection and this form to the best of my kpowledge and ability. Date �Z- Inspector 1 V - i ,a , I understand that this inspection was for purposes of ascertaining if the above - referenced dwelling meets minimum requirements for decent, safe, and sanitary housing, and that neither the inspector nor the Agency assumes any responsibi ity for unforeseen problems. Date - / ;1 ,;V• Y Claimant CLAIM FOR INCIDENTAL /CLOSING COSTS (Replacement Dwelling) Name: Dennis & Carol Cline Project Name: East Winnetka Area County: Hennepin Owner: Dennis & Carol Cline Address: 5400 Winnetka Avenue North City: New Hope Type of Acquisition: Total Take A. Loan Origination Fee * B. Appraisal Fee C. Credit Report Approved Amount: $ 3,245.44 Approved: ( , Approved: d n Relocation Consultant V Date of Application Approved: Payment to: Dennis and Carol Cline D. Processing Fee -- Incl. Flood Celt, Adm. Fee, U/W Fee E. Closing or Escrow fee F. Lender's Title Insurance * G. Plat Drawing H. Name Search I. Recording Fees J. City /County Tax /Stamps * K. MN Hennepin Conservation Fee INITIAL PAYMENT (See totals listed on Lender's Good Faith Estimate) *Pro -rated to project mortgage balance $1,126.53 $300.00 $55.00 $595.00 $270.00 $438.54 $60.00 $25.00 $100.00 $270.37 $5.00 $3,245.44 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. Signed: 1"�(1�,� --z 8 Date; ' —/ G `/ Signed: 1 .11 , ' Date: f ,� p `� GOOD 'FAITH ESTIMATE Applicants: Dennis A Cline / Carol A Cline Applioatlon No, BD4002 Property Addr. TBD, Minneapolis, MN $5416 Date Prepared: 0912512003 Prepared By: Minnesota Home Mortgage Ph. 952 -746 -7555 Loan Program: cnV30puf 1660 South Highway 100, Suite 126, Saint Louis Park, MN 56416 Applicant Dennis A Cline Data Applicant Carol A Cline Date Cady. Form gfa*m 11(01 The Information provided below ranects sstinratos of the charges which you are likely to lncUr atthe sttdement of your loan. The foam listed are estimates - actual charges may be more or fees. Yourtratusacdon may not Involve a fee for every Item listed. The number's dated beside the estimates generally correspond to the numbered lines conrained in the HUO-1 settlement statement which you will be racelving at solti meM, The HUD-1 sttttement statement will show you the acand cost for items paid at setriement PLAT 25. 2V . 00 00 NAME EARCH 1300 ADDITIONAL SETTLEMENT CHARGES: 1302 Pail lns 'on 9 Total Est Funds needed to close 64 863 AS TctAl Monthly Payment 1. 0.33 — This Good faith Estimate is being provided by , m onoage broker and no lender has ❑ been.brained. Thew estimates are provided pursuarrtto the Real Estate Settlement Procedures Act of 1971, as amended RESPA). Additional Information can be found In the HUD Spoctei Information 13eokiet, which is to be provided to you by your mon9690 broker or tender, It your application Is to purchase rosideRUal real property and the lender wig take a first Men on the property. The undersigned acknowledges recelpt of ins booklet "SaNOment Costs' and if applicable the Consumer Handbook on ARM Mortgages. .... ... n , i• iIV.:701 r.4 iWRGHASE AGREEMENT This! orm approved by the Minnesota A960Cl of RFALTORu®, wf>Idt disclaims SPY debility J �1 r arising out of use or mISuss of this form. ® 2003 Minnesota Associiwon of REALTORS®, Edktn, MN 1. Date danuary 10 2004 2. Page 1 of § 3. RECENED OF Dennis A. Cline and Carol A 011ne and wife) 4, 5. the Bu f two thousand And no /100 Dollars (S 20D0.00 ) 6, b CHEC !CASH !NOTE as earnest monaY to be deposited upon aacaptance of Purchase Agreement by ali parties, on or �- -tact. 7, before the third business day after acceptance, In the trust account of listing broker but to be returned to Buyer If Purchase S. Agreement is not accepted by Seiler. Sold earnest money is pan payment for the purchase of the property located at 9. Street Address 9625129th Lane North 10 City of Chamntin County of Herat in n State of Minnesota. 11. Legally described as: Lot 5 Block 4 French Lake Terrace 12. 13, including all futures on the following property, If any, owned by seller and used and located an said property, including but not limited to: garden bulbs, 14, plants, shrubs and trees; storm assn, storm doors, screens and awnings; window shades. Mind$, traverse and curtain and drapery rods; atulchad 15. lighting fixtures and bulbs; plumbing fixWres, water heater, heating plants With any burners, tanks firs and other equipment used In 16. connection therewith), built -in air - Conditioning equipment. elactronlc air filter, water softene OWNED RENTED I NONE, built -in -fowm ou r- ---- -- 17. humidifier and dehumidifier, liquid gas tanK and controls (if the property of Seller), sump pump; attached television antenna, cable TV jacks and 18_ wiring; BUILT-INS: dishwashers, gerbage disposers, Rash compactors, ovens, cook -lop stoves. microwave ovens, hood fans, intercoms; 19. ATTACHEO: carpeting; mirrors: garage door openers and ell controls; smoke detectors: fireplace screens, doors and heatletora; AND: the following 20. personal property: re rrirerat r ranee m1GyOW8Ve wA4ner dNer aft W nddw Geverlrnt and int erments throunhotrt 21. 22, 23. all of which property Seller has this day agreed to sad to Buyer for sum of ($ 24, na and riol100 Dollars, � u!o 25, which Buyer agrees to pay In the following manner. earn st o 5 W 26, and $ ash " - the date of ofosing, and R 7, f6 ° by financing in accordance with the attached Addendum: , 1 8. Conventionaf 1 FHA f OV i Assumption ! C ontract for Deed i Purchase Money Mortgage i Other. MJroe an wa opp 29. Thla Purcrisee Agreement IS IS N subject to a Contingency Addendum for sale of buyers property, (If answer Is 1% sea attached Addendum.) 30. (if answer Is iS NOT, the closing of Buyers property, if arty, may stilt affect Buyers ability to obtain financing, if financing is applicable.) 31. This Purchase Agreement IS S NO subject to cancellation of a previously written Purchase Agreement dated 32. (if answer is 18, said cancellation shall be obtained no later the 20 if said cancellation is not obtained 31 by said date, this Purchase Agreement shall become null and void, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement 34. directing all earnest money peld hereunder to be refunded to Buyer) 35. This Purchase Agreement IS'! No subject to a vacant Land Addendum. (If answer is i5, see attached Addendum.) 36. Buyer has been made aware of the availability of property inspaalons. B lac Declines to have a ptOpeny k+spacdon performed at Buyers dxpenad W. This This Purchase Agreemen 1S tS NOT subject to an inspection Addendum, (If answer Is IS, see attached Addendum.) r wN-- -- 38. DEEDIMARKETABLETITLE: Upon performance by Buyer, Seiler shalt deliver <Warraftty Dead r Outer. Deed 39. Joined in by spouse, it any, conveying marketable title, subjectto: 40, (A) building and zoning laws, ordinances, state and federal regulations; (B) restrictions relating to use or improvement of the 41. property without effective forfeiture provisions: (C) reservation of any mineral rights by the State of Minnesota; (D) utility and 42. drainage easements which do not Interfere with existing improvements; (E) rights of tenants as follows (unless specified, not 43. subject to terwndear 44. (F) others (must be specified in jftft 45. BUYER SHALL PAY i ELLBR SHALL PAY on date of Closing any deferred real amate taxes (e.g., Green Acres, eta) or specie{ �.«. -.. -{dick 46, assessments, payment of which is required as a result of the dosing of this sale. 47. BUYER AND SELLER SHALL PRORATE AS OF THE DATE O F CLOSING SELLER SHALL PAY ON DATE OF GLOSIN all installments o,a 48. of special assessments ca ad (Of taayme With t a real estate taxes due and payable in the year of closing. 49. BUYER SMALL AS SUME ! 8F1LER SMALL PA) >n date of dosing ail other special assessments levmd as of the date of this Agreement 50. BUYER SHALL ASSUME LSEU SRE ALL PROVIDE FOR PAYMENT 0 special assessments pending lis of the data of this Agreemeni $1, for improvements that have been ordered by any assessing authorities, (Seller's provision for payment shall be by 52, payment Into escrow of two (2) times the estimated amount of the assessments or less, as required by Buyer's tender,) 53. Buyer shall pay any unpaid special assessments payable In the year following dosing and thsrsafter, the paymant Of which Is not othsrwlsa Sit. heroin provided. 55. As of the date of this Agreement, Seller represents that Seller HAS HAS NOT receivad a notice regarding any new Improvement 5e, project from any assessing outnaritlea. the coats of which project may be assessed against the property. Any such notice 57. received by Sallor after the date of tnis Agreement and before cloeing will be provided to Buyer immediately. If notice of a pending 55, special assessment is issued after the date of this Agreement and on or before the data of closing. then the parties may agree in writing, on or before the 59, date of dosing, to pay, provide for the payment of, or assume the special assessments. In the absence of such agresrnent, either party may 60, unilaterally pay. provide for the payment at or assume such special assessments In the absence of said agreement. or said unilateral election, either 61. party may declare fits Purchase agreement null and void. Buyer and Seller shall immediately sign a Cancellation of Purchase Agteamom directing all 62. earnest money paid hereunder to be refunded to Buyer. MN:PA 1 (10103) PURCHASE AGREEMENT 63. Page 2 64. TITLE & EXAMINATION: Within a reasonable time after acceptance of this Agreement, Seiler shall provid• 85. evidence of title, which shall Include proper searches covering bankruptcies, state and federal judgments and liens 66. and levied and pending Special Assessments to Buyer or Buyer's designated title service provider, as fo►lowe 67. If property is abstract, Seller shall provide either (1) a commitment for an owner's policy of title Insurance on a Curran 68. ALTA form issued by an Insurer licensed to write title insurance In Minnesota. Sailer shall pay the cost of an owner's policy, Including tiv 69, entire premium, title examination fee and the costs of evidence of title forsuoh line Insurance policy If no lender's policy is obtained; or on] 70. the additional cost of obtaining a simultaneously Issued owner's policy if a lender's policy is obtained (Buye 71. shall pay the premium and the title examination fee for the lender's policy); or (2) an abstract of title certified to date 72. Selzer shall pay for all eb*acdng fees and surrender any abstract in Seller's possession or control to Buyer at closing. 73. If property Is Torrens, Seller shall provide, at Buyer's option and request, either (1) a Registered Property Abstrac 74. (RPA) certified to date; or (2) a commitment for an owner's policy of title Insurance an a current ALTA form Issued b; 75, an Insurer licensed to write title Insurance In Minnesota. Seller shall be responsible to pay, under either option, onl 76. those costs rie'cessary to prepare the RPA or commitment. Buyer shall, at Buyer's option, pay for either the Attorney's 77. Opinion or the We insurance premium and examination for- 78. Seller shell use Seller's best efforts to provide marketable title by the date of closing. in the event Seller has no 79. provided marketable title by the date of closing, Seiler shall have an additional 30 days to make title marketable or, it 86. the alternative. Buyer may waive title defects by written notice to Seller. in addition to the 30 -day extension 81. Buyer and Seller may by mutual agreement further extend the closing date. Lacking such extension, either part' 82. , may declare this Purchase Agreement null and vold; neither party shall be liable for damages hereunder to the other 83. Buyer and Sailer shall immediately sign a Cancellation of Purchase Agreement directing all earnest money paid hereunder W be refundat 84. to Buyer. 85. SUBDIVISION OF LAND: If this safe constitutes or requires a subdivision of land owngd by Seller, Seller shall pal 86. all subdivision expenses and obtain ail necessary governmental approvals. Seller warrants that the legal description o 87. the real property to be conveyed has been or will be approved for recording as of the date of closing. Seller warrant: 88. that the buildings are or will be constructed entirely within the boundary lines of the property. Seiler warrant! 89. that there is a right of access to the property from a public right -of -way. These warranties shall survive the delivery o 90, the dead or contract for deed, 91. Sailer warrants that prior to the closing. payment in full will have been made for all labor, materials. machinery 92, fixtures or tools furnished within the 12D days immediately preceding the closing in connection with construction 93, ekeratlon or repair of any structure on, or improvement to, the property. 94. Seiler warrants that Seiler has not received any notice from any governmental authority as to condemnatior 98. proceedings, violation of any taw, ordinance or regulation. It the property is subject to restrictive covenants, Salle! 98. warrants that Sailer has not received any notice from any person or authority as to a breach of the covenants. An) 97. such notices received by Seper will be provided to Buyer Immediately. 98. 'Seller agrees to allow reasonable access to the property for performance of any survey's or Inspections agreed to herein. 99. 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, Includin4 100, fire, vandalism, flood. earthquake or act of God, the risk or loss shall be on Seiler. if the property is destroyec 101. or substantially damaged before the closing date, this Purchase Agreement shall became null and void, a 102, Buyer's option. Buyer and seller shall immediately sign a Cancellation of Purchase Agreamaq directing all earnest money paid hereundei 103. to be refunded to Buyer. 104. TiME OF ESSENCE: Time is of the essence in this Purchase Agreement 105. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and -any addenda Or amendments slgnec 1D6. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written of 107. oral agreements between Seller and Buyer_ This Purchase Agreement can be modified or canceled only In writing signed b) 108. Seller and Buyer or by operation of law All monetary sums are deemed to be United states currency for purposes of this agreement 109. Buyer or Seller may be required to pay certain cipsing vsstswhich may effectively reduce the proceeds from the sale or increase the east' 110. outlay at closing, 111. ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seiler in writing. The deliver) 112. of all papers and monies shall be made at the listing brokees office. 113. DEFAULT: if Buyer defaults in any of the agreements herein, Setter may terminate this Purchase Agreement, and payments made 114, hereunder may be retained by Seller as liquidated damages. If this Purchase Agreement is not sc 115, terminated, Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of thf: 116. Agreement: and, as to specific performance. such action Must be commenced within six (8) months after such right of 117. action arises. 116. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: information regarding the predatory offender registr) 119. end parsons registered with the predatory offender registry under MN statute, 248.166, may be obtained by contactih4 120. the local law onforcemont offices in the community where the property is located, or the Minnesota Department o' 121. Corrections at (651) 642 -0200, or from the Department of Corrections Web site at www.corL60teden.us. MN:PA -2 (10103) #IV. 7J1 r'.0 PURCHASE AGREEMEN' 122. Address 9825129th Lane North 123. Page 3 Date danuary 10.2004 124. BuyAr shnii PRORATED FROM DAY OF CLOSING 12the i ALL t NONE rent tMiRtF lams clue and p nyaNe in the year 2nQq 125. Seller shag P PRORATED TO DAY OF CLOBMG 12r I ALL i NONE real estate taxes due and payable in the year 2004 . If th 126. eiosing date is changed, the real es Umas paid shall. If prorated, be adjusted to the new dosing date. Seller warrants taxes due an 127. payable in the year 20o4 will be ULCI PART/ NON- homestead classification. It part- or non - homestead classification Is cl►slec UL ank a,.p- 128, Seller agrees to pay Buyer at closing $ 129, toward the non - homestead real estate taxes. Buyer agrees to pay any remaining balance of nort- homestead taxes when they becom 130. due and payable. Buyer shell pay real estate taxes due and payable in the year following dosing and thereafter, the payment of which 1 131. 'not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxef 132. POSSESSION: Seiler shall deliver possession of the property not later than 24 hours after closing 133. All bntarest homeowner's association dues, rents and all charges for city water, city sewer, electricity and natural gas shall be prorate 134. between the parties as of date of closing. Buyer shall pay Seller for remaining gallons -of fuel o1 or liquid petroleum gas on the day e 135. closing, at the rate of the last fill by Seiler. Sailer agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERLY NOT INCLUDE( 136. HEREIN from the property by possession date, 137. 138, 139. ENVIRONMENTAL CONCERNS: To the best of Sellers knowledge, there are no hazardous substances or underground storage tanks except herein noted; R 1S E ITHER DIP= L . 141. CITY SEWER © YES ❑ NO f CiTY WATER ® YES []NO ' 142. SELLER I AGREES TO PROVIDE WATER QUALITY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORRY AND /OR LENDER 143. S BUYS AGREES TO PROVIDE, IF REQUIRED BYTHETERMS OF THIS PURCHASE AGREEMENT OR BY QOVERNINt -� 144. AUTHORITY ANDiOR LENDER, A LICENSED INSPECTOR'S SEPTIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING ii 145. THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE; A VALID CERTIFICATE OF COMPLIANCE FOR THl 146. SYSTEM MAY SATISFY THIS OBLIGATION, NOTHING IN LINES 143 TO 1A6 SHALL OBLIGATE SELLERTO UPGRADE, REPAIR OF 147. REPLACE THE SEPTIC SYSTEM, UNLESS OTHERWISE AGREED TO iN THIS PURCHASE AGREEMENT 148. BUYER HAS RECEIVEDTHE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE PROPERTY 149. AND ASEPTIC SYSTEM DISCLOSURE" STATEMENT OR ASTATEMENTTHAT NO SEPTIC SYSTEM EXISTS ON OR SERVES THl 150, PROPERTY, AS REQUIRED BY MINNESOTA STATUTES. 151, SELLER WARRANTS THAT CENTRAL AIR-CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED AND LOCATED Ot 152 SAID PROPERTY WILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS NOTED IN THIS AGREEMENT 153. BUYER HAS THE RIGHT TO A WALK- THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING, TO ESTABLISH THAT THI 164. PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THI: DATE OF PURCHASE AGREEMENT, SELLER AGREE. 155. TO NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM ANY PRIOR REPRESENTATION: 156. REGARDING THE PHYSICAL CONDITION OFTHE PROPERTY, 157. BUYER ACKNOWLEDGES THA NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE PROBLEMS 01 158. WATER IN BASEMENT OR DAMAGE CiUJSED BY WATER OR ICE BUILDUP ON ROOF OF THE PROPERTY, AND BUYER RELIES 159. SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT BY SELLER: 160. SELLER fiAS�OT HAD A WET BASEMENT AND NA S f ASSNOT iAD ROOF WALL OR CEILING DAMAGE CAUSED BY WATEF 161. OR ICE BUILDUP. BUYER HAS HAS NO ECEIVED A SELLEWS PROPERTY DISCLOSURE STATEMENT OR A SELLER'; 162. DISCLOSURE ELECTION FORM, BUYER HAS RECE IVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 163. NOT( ` 164. Scott Suchy i Sellers Agent Buyer's Agent f Dual Agent/ Facilitator tUcam•e) a- ieoa� on 185. Net Worth Rest, Inc 166. Brad Kromminae is Sellers Agent Buyars Agent Dual Agent r Facilitator Nnnwl 167. Really House, Inc. 169. DUAL AGENCY REPRESENTATION 170, PLEASE CHECK DO OF THE FOLLOWING SELECTIONS: 171. 0 Dual Agency representation DOES MOT apply In this transaction. Disregard fines 172 - 185. 172. 0 Dual Agency representation DOES apply In this transaction. Complete the disclosure in lines 173 -185. 173, Broker represents both the Seller(a) and the Buyer(s) of the property involved in this transaction, which creates a dual agency. This 174. means that Broker and its salespersons owe fiduciary duties to both Saller(s) and Buyer(s). Because the parties may have core iotin( 176. Interests, Broker and its salespersons are prohibited from advocating exclusively for either patty, Broker cannot act as a dual agent in Ni 176. transaction without the consent of both Sellars) and Buyer's). Selter(s) and Buyers) acknowledge char, 177. - (1) confidential information communicated to Broker which regards price. terms, or motivation to bury or sell will remain confidentie 178, unless Sellar(s) or Buyer( *) instructs Broker in writing to disclose this Information. Other Information will be shared 179. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; ant 1 Si. With the knowledge and undemanding of the xplanat on b above. $oi er(&) and r(s) facilitate uthorize and InstructBroker and it 182. salespersons to act as dual agents In this transaction. 183. - 184. (3•he8 roman teur•n 185. i rev. X11 r.r PURCHASE AGREEMENI lea. Address 9825 129th Lame North 187, Page 4 Date January 10, RD04 188, 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE ANT 169, RESIDENTWLRta -L PROPERTY ARBITRATION AGREEMENT, 1110. SELLER(S) BUYER(s) ` 1 81. a ELLER(Si SUYER(s) 192. OTHER 193. 194. 196. 196. 197. Attached are other addenda which ere made a part Of this Purchasa Agreement. (Enter total number of pages of this Purchae. 198. Agreement, Incfudtng addenda, on One two (2) or page one (1).) 199. [,the owner of the pmparty, accept this Agreement and 200, authorize %a rating bmkar to withdraw said property from 201. the mafkef, unles3 Instmeted otherwise In writing. 202. 1 have reviewed alt pages of this Purchase Agreement 203. 0 U Checked, this Agreement Is subject to attached 294, Counteroffer Addendum. 205. - — � 111 (Sellers Signal T (Data) 1 agree to purthass the property for the P00A and In acoordance with the terms and cohdlgons set forth above. I have reviewed all pages of this Purahaaa AgceamenL 1-10 -0 (Buyer's Signature) (Data) 206. X X (Salter'! Printed Neme) (Suyees Printed Name) 207. X SS X �N� �OLbL A (Sodas Security Number - optional) -- (Medial Status) (SOti Security Number - Optional) (Marital Stews) 208. x X ( Seler's Signature) (Dale) (suyaes Signature) (Date) �—zco L 200. X x (Selier'a Punted Name) (Buyer's Printed Name) 210. x x (Social Svmfty Number - optional) (Marital Statue) (Social Sawrity Number - opffonaU (Marital Status) 211. FINALACCEPTANCE DATE 212. THIS IS A tAGALLY BINDING CONTRACT BETWEEN BUYERS AND 3 1 ERE. 213. IF YOU DESIRE LEGAL OR TAX ADVICt:, CONSULT AN APPROPRIATE PROPt MONAL MN (10103) I IVs 714 r.a FINANCING ADDENDUM CONVENTIONAL OR PRIVATELY INSURED CONVENTIONAL MORTGAGE This firm approred by the Minnesota AsaocisHon of NEALTOR84, which disdakns any liability ansing out or use orrnhwaa of this faun. 0 2003 Minnesota Asaociadon of REALTORS®, edina, MN 1. Date January 10, 29 2, Page 5 of 6 3. Addendum to Purchase Agreement between parties dated danuan/ 10 , 2D 04 , pertaining to the purchase 4. and sale of the property et 91125129th Lane Nonh, Ch2rnQ0n 5, 6. Buyer will apply for and secure at Buyer's expense a ONVENTtONAL PRIVATELY INSURED CONVENTIONAL ehd� ens 7, fixed rate mortgage in the amount stated in the Purchase Agreement. amortized monthly over a period o tFUeaa, AAM, aaa 8. not more than 30 years, with an initial mortgage interest rate at no more than market percent per annum 9. The mortgage application iSTO BE MADEWITHIN FIVE (5) BUSINESS DAYS afterthe acceptance of this Purchase Agreement 10. Buyer agrees to use best efforts to secure a commitment for such financing and to execute all documents required tc 11. consummate said financing. 12. FINANCING CONTINGENCY. This Purchase Agreement is contingent upon the following: (checkone) 13. ® if Buyer cannot secure a commitment for such mortgage, this Purchase Agreement shall become null and void. Buyer mine 14. Seller shall Immediately sign a Cancellation of Purchase Agreement directing all earnest money paid hereunder to be 19, refunded to Buyer, 16. Q Buyer shell provide Seller, or Licensee representing or assisting Seller. with a final underwriting approval commitment for the 17. loan specified in this Purchase Agreement, including completed appraisal, and stating all conditions required by the lender tc 18, close the loan, on or befor , 20 . if said commitment Is not provided by said date, Seller may, at Seller's 19. option, declare this Purchase Agreement null and void up to the date of dosing unless Buyer provides the underwritint 20. approval commitment prior to such cancellation. If Seller cancels the Purchase Agreement. Buyer and Seller she) 21. Immediately sign a Cancellation of Purchase Agreement directing all earnest money paid hereunder to be refunded to Buyer 22. if said commitment is not provided by said date and this Purchase Agreement does not close on the dosing date specified 23. this Purchase Agreement shall become null and void. Buyer and Seller shall immediately sign a Cancellation of Purchase 24. Agreement directing all earnest money paid hereunder to be refunded to Buyer. Upon delivery of said commitmen 25. to Seller, or Licensee representing or assisting Seller, the responsibility for satisfying all conditions, excep 26. work orders, required by said commitment is deemed accepted by Buyer. Upon delivery of said commitment, If the 27, Purchase Agreement does not dose on the stated closing date for ANY REASON relating to financing, other thar 28. Seller's failure to complete work orders to the extent required by the Purchase Agreement, including but no 29, limited to interest rate and discount points, if any, Seller may, at Seller's option, declare this Purchase Agreement null and void 30. Buyer and Seiler shall immediately sign a Cancellation of Purchase Agreement directing all aarnest money paid hereunder it 31. be forfeited to Seller as liquidated damages, or, to the alternative, Seller may seek all other remedies allowed by law. 32. PRIVATE MORTGAGE INSURANCE (PMI): PMI may be required by the landing'institution, Buyer agrees to pay all subsequen 33. year's mortgage insurance premiums as required by the lending institution. The said mortgage Insurance premiums wil 34. increase the mortgage amount unless paid in cash at closing. 35. DISCOUNT POINTS: if either Buyer or Seller have agreed to pay discount points pursuant to this Purchase Agreement, 1 36. Mortgage Discdunt Points Addendum must be attached. N 37. LOCKING OF MORTGAGE INTEREST RATE ( "RATE "): The interest rate will be locked with the lender by Buyer 38. (checkons) 39. ❑ WITHIN FIVE (S) BUSINESS DAYS OF FINAL. ACCEPTANCE OF THIS PURCHASE AGREEMENT; OR A0.9 AT ANYTIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER. 41, LENDER COMMiTMENTWORK ORDERS: Nothing in this Purchase Agreement shall be construed as a warranty that 42. Seller will make repairs required by the Lender commitment However. Seller agrees to pay up to S tc 43. make repairs as required by the Lender commitment. If the Lender commitment is subject to any work orders for which the cos 44. of making said repairs shall exceed this amount, Seller shalt have the following options: 45. (A) making the necessary repairs; or 46.'(0) negotiating the cost of making said repairs with Buyer, or 47. (C) declaring the Purchase Agreement null and void. Buyer and Seiler shall Immediately si a Cancellation of the Purchast 48. Agreement directing all earnest money paid hereunder to be refunded to Buyer, unless 9uyar provides for payment of the 49. cost of said repairs or escrow amounts related thereto above the amount spaafied on line 42 of this Addendum. 50, OTHER: 51. 52. Mato tsapen tn.ur n 53, manor tbmal ,sawn {oai. 54. THiS IS A LEGALLY BINDING CONTRACT BETWEEN 13UYISRS AND SELLERS. 55. IF YOU DESIRE LEGAL ORTAXADViCE, CONSULT AN APPROPRIATE PROFESSIONAL, MN:FACM (10103)• -- ,, n11.'J51 P.9 INSPECTION CONTINGENCY ADDENDUM This form approved by the M1nnes4r8 A3509iodOn of REALTORS®, whIeh 41sciahna any Habiiity arising out of Oaa at misuse of INS form. 0 2003 Minnesota Aaao of REALTORS®, Edina. MN 1. Date de ^uar l o��ooa 2. Page 6 of 6 3, THE PROPERTY, IF NOT NEW, CANNOT 13F EXPECTEDTO BE IN NEW CONDITION. 4. ROUTINE MAINTENANCE ITEMS ARE NOT PART OFTHIS ADDENDUM. 5. Addendum to Purchase Agreement between parties dated Jaaua 10 ' 20 04 , pertaining to the 6. purchase and sale of the property at 9825129th Lane North Chem Lin 7. 8. This Purchase Agreement is contingent upon an inspection(s) of the property to determine the condition and 9. performance relative to the intended function of the following checked items: 1D. Q Basement 0 Electrical system [= Plumbing system 11. [Q Ceilings Q Exterior Roofs 12, [Q Central cooling system Q Floors Qj Walls 13. Central heating system Q Foundation Q Windows 14. © Other (specify): 15. 16, 17. 18. Q Complete home Inspection 19. Any Inspection shall be done by an Inspector(s) of Buyers choice, The Inspector(s) should be qualified to do the 20, inspection as evidenced by a license or professional designation. Buyer shall satisfy Buyer as to the 21. qualifications of the Inspector(s), 22. Said inspection(s) shall be at the Buyer's sole expense: 23. Seller agrees to make the property reasonably available for said inspection(s). 24. Any inspection or test done by FHA. DVA or any other governmental unit shall be done and paid for in accordance 25. with the applicable regulations and are not part of this Inspection Contingency. 26. For the purposes of this Addendum, "business days" shall end at 11;59 p.m. and do not include 27. Saturdays, Sundays and state and federal holidays. 28. All inspection(s) shall be done within a business days of final acceptance of this Purchase Agreement. If Buysi 29. or anyone representing Buyer discovers any defects in the above specified components of the property, Buyer musi 30. notify Seller, or Licensee representing or assisting Seller, in.writing, describing such defects, withi I _ business days 31. after all the inspection(s). 32. If Buyer notifies Seller, or Licensee representing or assisting Seller, of such defects, and If withi 2 business 33, days after such notice Buyer and Seller have not agreed in writing as to whether repairs will be performed, defects 34. waived or an adjustment to the purchase price made, the Purchase Agreement will automatically become null and $5. void without further notice required. Buyer and Seller shall immediately sign a Cancellation of Purchase 36. Agreement directing all earnest money paid hereunder to be refunded to Buyer, and thereafter neither party will have 37, any further liability to the other, N 38. However, notwithstanding any provision to the contrary or any notice given, the Buyer may unilaterally waive defects. 39. providing that Buyer notifies Seller, or licensee representing or assisting Seller, of waiver in writing within the time specified, 40. If Buyer falls to have the inspectior i(s) performed within the time specified above, or does not notify Seller within the time 41. specified above, then this contingency shag be deemed removed and the Purchase Agreement shall be In full force and eNect 42. Notwithstanding any other provision of this Agreement, Buyer may, based on the Inspection(s), declare this Purchase 43. Agreement null and void by so notifying Seller, or Licensee representing or assisting Seller, In writing within 44. t business days of the inspection(s). in the event Buyer declares the Purchase Agreement null and void, Buyer 45, and Seller shell immediately sign a Cancellation of Purchase Agreement directing all earnest money paid hereunder 46, to be refunded to Buyer. 47. Nothing herein invalidates the warranties agreed to in lines 151 -152 of the Minnesota Association of REALTORSS 48, approved Purchase Agreement. 49. Seller or Licensee representing or assisting Seller (9-HAIL / SMALL NOT have the right to continue to offer the 50. property for sale until this contingency Is removed. ,e.�.n rn.u� twin / -io _off 52. `- Is.a.,i IWt tao••d two• 53. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 54. IF YOU DESIRE LEGAL Oft TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MWICA (10103) JS Form No. 3 -M — WARRANTY DEED Individual(s) ro Corporation STATE DEED TAX DUE HBREON: $697,000.00 Date: January , 2004. FOR''VAL'UABLE CONSIDERATION, Dennis Allan Cline and Carol A. Cline, husband and wife, Grantors, hereby convey and warrant to 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, Grantee, real property in Hennepin County, Minnesota, described as follows: The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, Excepting therefrom; The West 7.0 feet of the following described tract: South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, i Minnesota, except road; Subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto, Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. a A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Dennis Allan Cline Carol A. Cline STATE OF MINNESOTA J ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this L day of January, 2004, by Dennis Allan Cline and Carol A. Cline, husband and wife, Grantors, D STM A SONDRALL 'r� N07ARYPl18CIC °MINNESOTA MY cam+. EgOroa J.n. 31, 200:0 e s Notary Public Check here if pan or all of the land is Registered (Torrens) ❑ _ nv.y51 P.3 0 i r J i I , ° 0 THIS INSTRUMENT DRAFTED BY: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P Amm.yVUM1 -also FaWarXNMCKXW.1 1300401 -W—*y D.WD4Am Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority in acid for the City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 2 RELEASE OF PROPERTY This is to certify that we, Dennis and Carol Cline, owners, were the sole occupants of the project site property at 5400 Winnetka Avenue North, New Hope, MN, until the City of New Hope acquired the property for the East Winnetka 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. Signature: �e d � Signature: Date: Date: I S 0 RECEIPT FOR RELOCATION INFORMATIONAL BOOKLET Occupant Name: Dennis and Carol Cline Project Site Address: 5400 Winnetka Ave North, New Hope, MN We, representing ourselves, and our family as occupants of 5400 Winnetka Ave North, New Hope have met and talked with a Relocation Consultant from Evergreen Land Services Company regarding the relocation assistance and benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended. We have received a copy of the booklet entitled "Relocation Assistance Guidebook" and have reviewed it and any questions, which we have had with our Relocation Advisor from Evergreen Land Services. We understand that documentation of costs is required to establish and approve any claim for relocation benefits. Our signatures on this receipt do not obligate us in any way. � A taA� Relocation Consultant Dated: 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, determined 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. edi Kari Klassen Relocation Consultant Evergreen Land Services Company Date 7� 0 Miller /Davis Co., St Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT/ PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT m Copyright 1996, 1997, 2002 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on 2004 , by and between 2 Dennis Allan Cline and Carol A Clin [marital status] husband and wife 3 of [seller's address] 5400 Winnetka Avenue North New Hope„ Minnesota 55428 , SELLER, and 4 City ofNe_w Hope a Minnesota municipal corporation , XX0(XXKWts (strike joint tenants" if tenancy -in- common 5 is intended] of [buyers address] 4401Xylon Avenue North, New Hopi Minnesota 55428 BUYER. 6 7 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: e e anarhed S� idols "A" 8 9 10 11 [Property Tax Identification Number or Tax Parcel Number 05 ] 12 13 located at 5400 Winnetka Avenue North , City of New Hope , 14 County of Hennepin State ofMinnesota, Zip Code 55428 — 15 is 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other 17 party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] 2004 18 and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included].* garden bulbs, plants, shrubs, trees, storm 22 windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain - traverse - drapery rods, attached lighting fixtures with 23 bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in 24 humidifiers, built -in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, 25 water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, 26 installed carpeting, work benches, security systems, and also the following property: 27 28 29 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following 30 provision applies to this Purchase Agreement:] Q Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 31 32 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred Five Thousand and 00 /100 33 34 Dollars ($ x,000 00 ), which Buyer shall pay as follows: 35 36 Earnest money of $ 0.00 by VCX30K Z K®K, =XE - state which] payable to 37 - [select one.] 36 Seller, to be deposited and held by Seiler (and may be commingled with Seller's other funds) pending closing, 39 Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 40 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 41 H Other [describe how the earnest money will be held] 42 - --- '- ---- 43 receipt of which is hereby acknowledged and $ ' cash on the DATE OF CLOSING, and 44 the balance of $ 0-00 by financing as shown on the attached Financing Addendum. 45 46 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined 47 in by spouse, if any, conveying marketable title of record, subject to: 46 A. Building and zoning laws, ordinances, state and federal regulations; 49 B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; 5o C. Reservation of any mineral rights by the State of Minnesota; 54. D. Utility and drainage easements which do not interfere with existing improvements; 52 E. Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer 53 in this Purchase Agreement [must be specified in writing]: 54 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro - 55 rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. 56 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, 57 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER i XKXM1C9XKl?0NaM0E*RX)F 56 TXKX UQ7SXS 1lIGUOROLXNDLIEXX (in which case the party entitled to a credit as a result of the adjustment shall receive 59 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and payable in the 60 year(s) 2004 will be FULL, XWW, XRK -homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration within 62 the time required by law. If the taxes due and payable in the year of closing are PART or NON - homestead classification, Seller shall pay to Buyer 63 at closing $ , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year 64 following dosing are PART or NON- homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing $ as Seller's share of such taxes. 67 68 [Strike One.] 64)t�RXW)9 ti@( [Xg7DRX1(�EfDC�E7171 1X16X�DG / SELLER SHALL PAY ON DATE OF CLOSING 69 all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 70 [Strike one:] lXJVX NKA1XX1 MX9IB(X / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike one:] DU1tXKX61AtYlt# MXXKX / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of 73 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 74 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 75 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 76 governmental assessing authority, the costs of which project may be assessed against the real property. if a special assessment becomes 77 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 76 A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 79 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commen- 80 surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment', 81 C. or Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. Miller /Davis Co., St Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT/ PAGE 2 82 [Strike one.] OtOC6 k4C/r39= / SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 83 Acres' taxes under Minn. $tat 273.111) or special assessments payment of which is required as a result of the closing of this sale. 94 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable 85 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future 86 real estate taxes or of future special assessments. 87 88 99 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 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 labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 10. CONDITION OF PROPERTY. A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. 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: _ C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for 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 ordinance or lending regulations, Seiler does not plan to have the property inspected. E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seiler 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, Solid. 2. LIABILITY.A sellerwho 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:J (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. (3) Waiver of Disclosure. 1 1 Minnesota Statutes Section 513.60. WAIVER. The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, limit, or abridge any obligation for seller disclosure created by any other law. Seller and Bu y er waive the written disclosure required under sections 513.5 to 513.60. BUYER* A6� Dennis Allan Cline W. P r Erick, Mayor, City of New Hope SELLER C9/L�4. �_ -'�/ BUYER:' c . Carol A. Ch in e ° aniel J. Don ue, City Manager, City of New Hope Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This 176 paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 177 178 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 179 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as tbo to a breach of the covenants. Seiler has not received any notice from any governmental authority concerning any eminent domain, condemnation, 181 special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth-in- Housing Disclosure Report or other inspection report if required by the 184 municipality in which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than dosing. All interest, fuel oil, liquid petroleum 187 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of 188 189 9 X'&%SiGr$ &�Yra %tSXAT�OePYXY %�H�&7E &Y�'rffS,%�XrHiSiBxa�& ?r�>$IBS> KXZ&X1%KP XM%Xffl)M X 190 Xe7bYX%KXdCT4aXx 191 X16]LirXt� %� XiRRiGY& XdF:S X�Y, CtRXXrXiHxXrXRIS�YiXSXr7F% �AL> �ffi�JIdSrx� [xZEifeX$rXS'dFX7�II{XiX�C>�Rx 192 Xi$X' �Xr% �XP1D7�tXa7%} Xlf& SXEP�C E'. K�ttYaFSHBLYIXXi7CFX�iXtX�Y�& ibglFXdf% FYx iY38X�Yi�[ 8E1F .31X�YxeYrXdSffiXxFt� &XX3iiYtXFCX 193 2SPX9X3MWX* $rYXX�Xr�Yt XAC ��aYYi&X SdFXaYS� %IXXiYY�§}S�.XWdbY.ES'i E3EX3t 4CX 194 XXS=XXDiXAEX�X N&NNaMilir15 &XPKXXXXX12:2Z X>$S�i #B�iC]iXS76X'Yi t7kXB$Yr X SjXix�[BAX 195 %3E S3 SBS1X�]FB$XX1�Xd �&Pf�iXX QF%X7i�$i6�C}SS&�rd68 kX S]776Y�XSR?4 HY�XtY ] F] G3fLX .XXx�Y�RdfSR�6dCg;XdC�i4dCiYx 196 Y8816�& BX�Y3fXP. 679GX$ 3rHt1CS16 vlstwcss �X? fCXlGYiXt%' JI�YrXXRB& AfX> 15X�ifixpf &&ii$XX�X�X761tbSiX$jIR$iCGXXX 197 s1111ota See Additional Terms. 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. 200 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 201 the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not 202 delay the dosing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein 203 and the dosing shall be postponed. 204 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 205 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 206 within ten (10) business days Or on the scheduled dosing date, whichever is later. 207 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, 206 Buyer may declare Purchas this Purch 2os y y Agreement void by notice to Seiler, neither party shall be liable for damages hereunder to the other, and 210 earnest money shall be refunded to Buyer. 211 C. If Seller does not give notice of intention to make tifle marketable, or if notice is given but the 120 day period expires without title being made 212 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 213 1. Proceed to dosing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 21a (a) Seek damages, costs, and reasonable lawyer's flees from Seller as permitted by law (damages under this subparagraph (a) shall be 5 limited to the cost of curing objections to title, and consequential damages are excluded); or 215 (b) Undertake proceedings to correct the objections to title; 217 2. Rescission of this Purchase Agreement by notice as provided herein, In which case the Purchase Agreement shall be null and void and all 218 earnest money paid shall be refunded to Buyer, 218 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 220 4. Specific performance within six months after such right of action arises. 221 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 222 the following options, as permitted by law: 223 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 224 given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 225 2. Seek specific performance within sic months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. 228 E. If tifle is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 227 1. Seek damages from Seller including costs and reasonable lawyer's fees; 228 2. Seek specific performance within six months after such right of action arises. 229 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, 230 if mailed, are effective as of the date of mailing. 231 232 17. SUBDIVISION OF LAND. if this sale constitutes or requires a subdivision of land owned by Seller, Seiler shall pay all subdivision expenses and 233 obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be 234 approved for recording as of the Date of Closing. 235 236 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 237 238 19. WELL DISCLOSURE. [Check one of the following 239 Seller certifies that Seller does not know of any wells on the real property. 240 Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 [Ch either A or 8:1 244 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for 245 example, a city or municipal sewer system). 246 _ B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency 247 and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 [Cher either C or D:] 249 C. Seller does not know If there is an abandoned individual sewage treatment system on the property. 250 _ D. Seller knows that there !strike oneJ are / are no abandoned individual sewage treatment systems on the property if Seller 251 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the 252 location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map 253 completed.] 254 21. LEAD PAINT DISCLOSURE. !Check one of the foffowinga 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 Seller represents that the dwelling was constructed on the real property before 1978. (if such housing is located on the real prop- erty, 257 attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 258 259 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if 260 any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these 261 concerns, Buyer might want to include Seller's disclosures regarding these concerns. !check the box i following provision applies to thi s s P Pu rchase Agreement:] [] ADDENDUM u 262 TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A, Real Property Form No. 8 (1997), is 263 included as an addendum to this Purchase Agreement. 264 2s5 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and 266 delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 118 -M] Affidavit of Seller. 267 Miller /Davis Co., St Paul, MN -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 4 268 24. CLOSING. Closing shall beat the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. 269 270 [State other location. New Hone City Hall 4401 Xylon Avenue North, New Hope Minnesota 55429 271 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax identification Numbers for the purposes of completing 272 state and federal tax forms. 273 274 25. ADDITIONAL TERMS: * 14. EXAMINATION OF TITTE Byer shall obtain �t lters�gpengg, a (ommitmen for an 275 Owner's Policy of Title ins trance on a current Ai TA form issued by an insurer licensed to write title insurance in Minnesota- 276 - - - 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 26. ADDENDA. Attached are 3 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 [number] 3 originals of this Purchase Agreement. I agree to sell the property for the price and terms and conditions I agree to purchase the property for the price and terms and set forth abov . /` p �/ conditions set f abov . SELLER GaGtezr� (� x / O - o y BUYER: �G� Dennis Allan Allan Cline (date) W. Peter Enck, Mayor (date) Cit f New pe SELLER (�i��r / /ri G 6 J - 3� D /BUYER . Carol A. Cline (date) Daniel J. Donahue, City Manager (date) City of New Hope This Purchase Agreement was prepared by: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Others who will assist Seller or Buyer with this transaction: Lawyer For Buyer Telephone: Facsimile: Steven A. Sondrall Jensen & Sondrall, P.A. 8525 &linbrook Crossing Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 103391 Listing Agent and Broker for this transaction are: Telephone: Facsimile: N/A Selling Agent and Broker for this transaction are: Telephone: Facsimile: N/A THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSULT 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. Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev, 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT I PAGE 5 Buyer's or tendePs Title Insurer. Telephone: Facsimile: (612 }371 -1111 Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 Schedule "A" Legal Description The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, Excepting therefrom The West 7.0 feet of the following described tract: South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except road. Miller/Davis Co. ® St Paul, MN 651 -642 -1988 j W,peS" 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 REALTORS ®, which disclaims any liability arising out of use or misuse of this form. © 2000, Minnesota Association of REALTORS@, Edina, MN Date 2004 Page __ 1 Addendum to Purchase Agreement between parties dated 2004 pertaining to the purchase and sale of the property at 5400 Winnetka Avenue North New Hope Minnesota 55428 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 notify the buyer of any known lead -based paint hazards. ,4 risk assessment or inspection forpossible lead -based paint hazards is recommendedprior 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). 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) NIA (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. Dennis Allan Cline W. Peter Enck, Mayor, City of New Hope Seller Date Purchaser Date Carol A Cline Daniel J. Donahue, City Manager, City of New Hope Seller Date Purchaser Date Real Estate Licensee Date Real Estate Licensee Date This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead -b d-V5 and/or lead -based paint hazards to be conducted at the purchasers expense. The assessment or inspection shal pletcd within ten (10)/ calendar days after acceptance of the Purchase Agreement. This contin a 1 be deemed removed, and the the_Nbv& 4Fement shall be in full force and effect, unless purchaser or real tcensee assisting or acting on behalf of purchaser delivers to seller or real estate licensee assisting or acting on of seller within three (3) calendar days after the assessment or inspection is timely completed a written list of the c deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If th and purchaser have not agreed in writing within three (3) calendar days after delivery of the written list of r u' erections that: (A) some or all of the required corrections will be made; or (B) the purchaser waives the deficient' C) an adjustment to the purchase price will be made, the Purchase Agreement shall automatically be deemed d void, Bnd all earnest money shalt be refunded to the purchaser. It is understood that the purchaser ma ly waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate ' assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of TLX:SALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller/Davis Co. © St Paul, MN 651 -642 -1988 Form 1517 —W Minnesota Well Disclosure Statement (Revised 11/02) MINNESOTA WELL DISCLOSURE STATEMENT Minnesota Law requires that before signing an agreement to sell or transfer real property, the seller must disclose information in writing to the buyer about the status and location of all known wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county, and a map showing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use, not in use, or sealed (Minn. Stat. §1031.235, subd. 1) or known statutes. A seller who fails to disclose the existence of a well at the time of sale and knew of, or had reason to know of, the existence or known status of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located (Minn. Stat. §1031.235, subd. 2). Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street Address: 5400 Winnetka Avenue Nogb_N wv Hopes MN 55428 Henne i� _ ___ County 2. LEGAL DESCRIPTION See attached Schedule "A" 3. WELL DISCLOSURE STATEMENT (Check the appropriate box.) L t The seller certifies that the seller does not know of any wells on the above described real property. If this option is checked, then skip to the last line and sign and date this statement. ❑ The seller certifies that the following wells are located on the above described real property MN. Unique Well Year of Well Well No. Depth Const. Type Well 1 Well 2 Well 3 4. SEALED WELL INFORMATION For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes Fl o 5. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided knowledge. Dennis Allan Cline Se ller or Design Representative Carol A. Cline Seller or Designated Representative above is accurate and complete to the best of my Date Date IN USE NOT IN SEALED USE (Licensed Contractor WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. ❑ ❑ ❑ Was a Sealed Well Report filed with the Minnesota Department of Health? Yes Fl o 5. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided knowledge. Dennis Allan Cline Se ller or Design Representative Carol A. Cline Seller or Designated Representative above is accurate and complete to the best of my Date Date IN USE NOT IN SEALED USE (Licensed Contractor WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. INSTRUCTION FOR COMPLETING THE WELL DISCLOSURE STATEMENT DEFINITION A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. MINNESOTA UNIQUE WELL NUMBER All new wells constructed AFTER January 1, 1975 should have been, assigned a Minnesota unique well number by the person constructing the well. If the well was constructed after this date you should have the unique well number in your property records. If you are unable to locate your unique well number and the well was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well. WELL TYPE Use one of the following terms to describe the well type. ❑ WATER WELL A water well is any type of well used to extract groundwater for private or public use. Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. ❑ IRRIGATION WELL An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system. ❑ MONITORING WELL A monitoring well is a well used to monitor groundwater contamination. The well is typically used to access groundwater for the extraction of samples. ❑ DEWATERING WELL A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. ❑ INDUSTRIAL /COMMERCIAL WELL An industrial /commercial well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). WELL USE STATUS Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL. ❑ IN USE A well is "in use" if the well is producing sufficient water to meet its intended use and is being operated on a regular basis. ❑ NOT IN USE A well is "not in use" if the well is inoperable and not in use or the well is disconnected from a power supply and is not sealed. ❑ SEALED A well is "sealed" if the well has been sealed by a licensed contractor and there is a Sealed Well report on file at the Minnesota Department of Health. A properly sealed well has been sealed by a licensed contractor by pumping grout throughout the entire borehole from the bottom of the well. ® NOTE: If a well is inoperable and not in use or disconnected from a power source, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. If a well is operable and properly maintained, a maintenance permit is not required. MAP Please use the space below to sketch the real property being sold and the location of EACH well on the property. Include distances from fixed reference points such as streets and buildings. USE ADDITIONAL SPACE ON BACK IF NEEDED Schedule "A" Legal Description The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, Excepting therefrom The West 7.0 feet of the following described tract: South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except road. Miller /Davis Co. O St. Paul, MN 651.642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS@, which disclaims any liability arising out of use or misuse of this form. © 2002, Minnesota Association of REALTORS®, Edina, MN Date 2nn4 Page 1 of 2 Pages: THE REQUIRED MAP IS ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 400 \xrinn tka Av n 1�TOrth 5. in the City of - -New Hone County of Hennepin State of Minneanta _ , legally described as follows or 6. attached sheet (the "Property ") See attached 4chedLe "A" 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. 11 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 Seiler. 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 2& 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 Seiler 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. 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? 42. Installer Name /Phone: 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? 4 7• Describe work performed to the system since you have owned the Property: 48. 49• Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requirements? 51. is the system shared? How many units on system Annual fee? 52. Comments: 53. On this Property: 54. Approximate number of: people using the sewer system showers /baths taken per week _wash loads per week 55. Distance between well and sewer system: 56. Have you received any notices from any government agencies relating to the sewer system? Yes_ No 57. If "Yes ", see attached notice. MN -PSSD (8/02) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 59. Are there any known defects in the sewer system? Yes_ No 60. If yes, please explain 61. 62. 63. SELLER'S STATEMENT: (To be signed at time of fisting) 64. 1 / We, Seller(s) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose this 65. information to prospective Buyers. 66. �� = [/ �!/• ! x i`v2 d -- Il�3�1. (t • ( tiL�c P1 (Seller) Dermis Allan Cline (Date) (Seller) Carol A. Cline (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. 1/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 MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEWER SY TEM. 72. (Buyer) W. Peter Enck, Mayor, City of New Hope (Date) ( . onh.., anage r, City of New Hope (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, IIWe, 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 dd dated. 77. r:� u ut ZC i lr a l rl � _ 1 " g�ji� // Y (Seller) Dennis Allan Cline (Date) (S er) arol A. Cline (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Schedule "A" Legal Description The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota, Excepting therefrom The West 7.0 feet of the following described tract; South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except road. PRICE DIFFERENTIAL PAYMENT / ANALYSIS OF COMPARABLE PROPERTIES Comparable Price Subject. Comparable Comparable Comparable = $16,775 Estimated Moving Expenses Property #1 Property #2 Property #3 Price appraised $200,000 $216,775 $225,100 $227,610 Address 5400 Winnetka 6100 Winnetka 5841 Decatur 8801 30 Avenue Avenue North Avenue North Avenue North North city New Hope New Hope New Hope New Hope Date of Inspection Style Rambler Rambler Rambler Rambler Construction Average to Good Above Average Above Average Above Average Actual Age /Eff.Age 1950 1968 1960 1963 Condition EGF Average Above Average Average Above Average No. of Units 1 1 1 1 No. of Rooms 7 9 9 8 No. of Bedrooms 2 4 3 3 Bedrooms Required 2 No. of Baths 1.75 1.75 2 1.75 Above Ground 1,598 1,057 1,078 1,524 Finished sq It Below Ground 0 865 690 414 Finished sq ft Total Finished Area 1,598 1,922 1,768 1,936 Basement Crawl Space Full - finished Full - finished Full - finished Bsmt- Types of Fin. NA Family Room, Family Room, Amusement Room Rms. Bedroom, Den Office, Laund Heat/Cooling Gas FA / CA Gas FA / CA Gas FA / CA Gas FA / CA Fireplaces One None Two One Other Finished Space 2 - sheds 1 - shed Garage 1 - attached 2- attached 2 - attached 2 - attached Lot Size 100x330 80x137 75x125 85x125x76x125 33,000 sq ft 10,960 sq ft 9,375 sq ft 10,060 sq ft Neighborhood E/B Suburban Suburban Suburban Suburban Schools NA NA NA NA Public Transportation NA NA NA NA Church NA NA NA NA Place of Employment NA NA NA NA Water 1. Type 2. 1. City 1. City 1. City 1. City Adequate 2. Yes 2. Yes 2. Yes 2. Yes Sewer 1. Type 2. 1. City 1. City 1. City 1. City Adequate 2. Yes 2. Yes 2. Yes 2. Yes Other Comments: - $3,000 - garage - $3,000 - garage - $3,000 - garage + $13,525 - above + $13,000 - above + $1,850 - above " These amounts round finished ground finished ground finished factored in to the - $8,650 - below - $6,900 - below - $4,140 - below comparable price ground finished ground finished ground finished + $10,000 - lot size + $10,000 - lot size + $10.000 - lot size + $2,000 - fireplace Comparable Price $216,775 Project Price - $200,000 Difference = $16,775 Estimated Moving Expenses + $2,050 Estimated Closing Costs + $4,500 Total Benefit = $23,325 R/W Agent Karl Klassen Date r --1 is -1 COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development, " ° 12 -13 -04 Consent No. f Item By: Kirk McDonald, Director of CD Amy Baldwin, CD Assistant By: 6.6 x MOTION APPROVING CORRECTED BALANCE FOR FINAL PAYMENT TO RJK CONTRACTING IN THE AMOUNT OF $898.00 FOR DEMOLITION OF CITY -OWNED PROPERTY LOCATED AT 4317 NEVADA AVENUE NORTH, 5400 WINNETKA AVENUE NORTH, 5500 WINNETKA AVENUE NORTH, 5506 WINNETKA AVENUE NORTH, 7601 BASS LAKE ROAD AND 7605 BASS LAKE ROAD (IMPROVEMENT PROJECT FILE 760, 753, 741, 756, 758 & 734) ACTION REQUESTED Staff recommends approval of a motion authorizing a corrected final payment in the amount of an additional $898.00 to RJK Contracting for the completion of a city contract for the demolition of various city -owned properties. POLICY /PAST PRACTICE Before final payment is made for City contracts, the request is brought before the Council for approval. BACKGROUND At its October 25, 2004 meeting, the City Council approved final payment to RJK Contracting in the amount of $5,709.90 for the demolition of various city -owned properties. In the initial request for final payment, the cost for compaction tests at each of the sites was deducted from the final payment amount. These tests were requested by the city engineer and completed at an additional cost of $898.00. However, upon further review of the contract, it was determined that the cost related to the completion of the tests was not a requirement of the contractor. Therefore, an additional payment of $898.00 is due to RJK Contracting. The release of the final payment remains contingent on the submission of the completed IC -134 forms as required for city contracts over $10,000. Staff recommends approval of the final payment. MOTION BY SECOND BY /y A LLL TO: r I: \RFA \PLANNING \Housin \EastWinnetkaRedevelo ment \Q— Demolition Phase 1 Revised Final Payment Request for Action Page 2 12 -13 -04 FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds have been used for property acquisition, relocation and associated holding costs including demolition. PREVIOUS ATTACHMENTS Included in the October 25, 2004, Council Packet: • City Engineer Correspondence • RJK Contracting Invoice Included in the April 12, 2004, Council Packet: • Contract • Bid Sheets (Available for review in Department of Community Development) Included in March 8, 2004, Council packet: • Advertisement for Bid • Location Maps ow T O: City of New Hope ADDRESS: A DDRESS: 4401 Xylon Avenue North New Hope, 55428 ATTN: Shawn Siders PHONE # 1763-531-5137 DATE: 5/4/2005 INVOICE # 114407 FROM: RJK Contracting ADDRESS: 7901 Beech Street NE Fridley, MN 55432 ATTN: Elizabeth Kjellberg PHONE# 763-780-9197 JJOB DESCRIPTION: lFinal invoice - Payment of Retainage for Demo Contract on Misc. Pro ert DESCRIPTION f UF =-@ ID Mm ror-ToR 3 IC-1 34's affached ICHANGE ORDERS i CO # IDESCRIPTION UNITS UNIT PRICE ITO TAL_ CURRENT PAYMENT DUE: $ 898.05 1 Withholding Afficlamit for Contractors r% x This affidavit must be approved by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivisions can make final payment to contractors. � i 5 a� a l a�! Please We or print clearly. This will be your mailing label for returning the completed farm. Company name — , Daytime phone Address 1 Total contract amount f City Slate Zip Cade Amount still due Project number Projed owner Project location a. Address Did you have employees work on this project? /0 y9nK Minnesota withholding tax ID number City — State Zip code Yes U No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. ❑ Sole contractor ❑ Subcontractor Name of contractor who hired you Address El Prime contractor —if you subcontracted out any work on this project, all of your subcontractors must file their own IC -134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC -134. If you need more space, attach a separate sheet. Business name Address Owner Officer p C. I declare that all information t have filled in on Phis form is true and complete to the best of my knowledge and belief. t authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if t am a subcontractor, and to any subcontractors If 1 am a prime contradar, and to the contracting agency. Date t4teto MKt depfi, of Revenue, Withholding Division, Mail Station 6610, St Paul, MN 55146.6610 Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. Deportment of Revenue approval Date xk No. 5000134 PtoiW number Propu lotaiton heAc... F-de- /V chy fat Zip cede Addmsi' O . D you horn empk**m work an "3 project? OYes WNO if no, who did she work? ch tti bait Apart &scribes Yom involvement he the project an d ON i a n information requested. 0 S66 contrMtew Subcanftocftr Name afg;antrodar who hire yo Address ft - ca ntmoor-4 y6u subcontracted out any work on this project, oil of your subcontractors must file their own 0 nnw 1 .1 3A officlovits; and have them cerfified by the Department of Revenue before you can file your affidavit. For each C 'h a copy of each subcontractor's certified 10 1 3A. If you subcontractor you had, fill in ft information below and onac need more space, attach a separate sheet. Business none Address I desists that A information I have OW in on this form is true and coippAmin to the b o f my k and belief t authorize the o0pariment of Revenue to d information relating to this praied, including sending Copies of this farm, to the prime coaxactor if Om 0 subcon and to any M d=: I am a pram conhador, and to the COA&W449 09&AW. Title Date Acill tat tAN Dept. R ve, Wiflilmiding Division, Moil Station 6610, St Paul, MN 55146,6610 C.erfflcate of Compliance Based on. records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wa* paid to employees relofing, to contract services with the state of Minnesota and/or its subdivisions. Np- x P - W z� roO a'*" JAN 1 Stock W SWO134 (It". 11/" pWW go ( popw w ith 10% podcomumw wood niag sorhosed U& please M or p dearly- This will he your mailing JbW for returning she completed form. • C— Dmythve phone Mimesoro lax ID nun bUq contract a"unt Maimblyear work begon e ms . ` L ' . moni work ended (CR 'Side zip CM . de $ I C' E f PtoiW number Propu lotaiton heAc... F-de- /V chy fat Zip cede Addmsi' O . D you horn empk**m work an "3 project? OYes WNO if no, who did she work? ch tti bait Apart &scribes Yom involvement he the project an d ON i a n information requested. 0 S66 contrMtew Subcanftocftr Name afg;antrodar who hire yo Address ft - ca ntmoor-4 y6u subcontracted out any work on this project, oil of your subcontractors must file their own 0 nnw 1 .1 3A officlovits; and have them cerfified by the Department of Revenue before you can file your affidavit. For each C 'h a copy of each subcontractor's certified 10 1 3A. If you subcontractor you had, fill in ft information below and onac need more space, attach a separate sheet. Business none Address I desists that A information I have OW in on this form is true and coippAmin to the b o f my k and belief t authorize the o0pariment of Revenue to d information relating to this praied, including sending Copies of this farm, to the prime coaxactor if Om 0 subcon and to any M d=: I am a pram conhador, and to the COA&W449 09&AW. Title Date Acill tat tAN Dept. R ve, Wiflilmiding Division, Moil Station 6610, St Paul, MN 55146,6610 C.erfflcate of Compliance Based on. records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wa* paid to employees relofing, to contract services with the state of Minnesota and/or its subdivisions. Np- x P - W z� roO a'*" JAN 1 Stock W SWO134 (It". 11/" pWW go ( popw w ith 10% podcomumw wood niag sorhosed U& COUNCIL REQUEST FOR ACTI Originating Department Approved for Agenda Agenda Section Community Development 4 -12 -04 Consent_ Item No _ By: Ken Doresky, Community Development Specialis B �. 6' 8 RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO RJK CONTRACTING IN THE LOW BID AMOUNT OF $67,519.00 (IMPROVEMENT PROJECT FILE 760,'753, 741, 756, 758 & 734) REQUESTED ACTION Staff recommends Council approval of the attached resolution awarding a contract to RJK Contracting in the low bid amount of $67,519 for demolition of city -owned property located at 4317 Nevada Avenue North, 5400 Winnetka Avenue North, 5500 Winnetka Avenue North, 5506 Winnetka Avenue North, 7601 Bass Lake Road and 7605 Bass Lake Road. Five of the six properties are located in the in the east Winnetka redevelopment area. POLICY /PAST PRACTICE For contract exceeding $50,000, staff solicits sealed bids per State of Minnesota requirements. BACKGROUND The city has acquired the subject properties over the past several months. All properties except 4317 Nevada Avenue North are located within the east Winnetka redevelopment area. On March 8 2004, the Council passed a motion approving plans and specifications and authorizing advertisement for bids for demolition of the subject city owned properties. In February, community development staff, the city engineer and city attorney completed quote packets and sought quotes for demolition and site restoration of the subject properties. Due to the $50,000 sealed bidding /advertising threshold, staff deleted three of the six homes (based on past costs). Quotes for the remaining three properties were received on March 2 from four demolition contractors and all exceeded $50,000. Vermiculite removal in two of the three homes caused the higher than expected quotes. Per direction of the finance director, staff administratively rejected the quotes. Selling the structures to house movers was considered, but the building official and general inspector recommended that due to size, condition and time of year the homes be demolished. 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 p roposed development grading plans, the specifications did not include that provision. MOTION BY r' ; j- _ SECOND BY TO: 2. 1: \RFA \PLANNING \Housin \East Winnetka Redevelo ment \Q &R — Demolition Contract Award.doc Request for Action Page 2 4 -12 -04 On March 30, a bid opening was held and the following bids were received. Staff recommends approval of the resolution. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds would be used for property acquisition, relocation and associated holding costs including demolition. During the 2003 State Legislative Session, the city's TIF special legislation was passed. In December 2003, the district was approved by the City Council. ATTACHMENTS • Resolution • Contract • Bid Sheets (Available for review in Department of Community Development) Included in March 8, 2004 Council packet • Advertisement for Bid • Location Maps 4317 Nevada 5400 Winnetka 5500 Winnetka 5506 Winnetka 7605 BLR 7601 BLR Restoration Total RJK Contracting $10,187 $7,626 $12,753 $17,236 $5,911 $10,251 $3,555 $67,519.00 Kevitt Excavating $8,552 $7,627 $14,662 $18,030 $6,670 $10,410 $3,592.50 $69,543.50 Action Constr. $8,700 $9,800 $13,400 $13,400 $9,300 $9,900 $5,460 $69,960.00 VP Enterprises $10,490 $8,400 $13,400 $16,000 $6,800 $9,100 $7,500 $71,690.00 Ingram, LLC $12,110 $12,618 $14,992 $18,334 $10,560 $10,558 $1,793.10 $80,965.10 Doboszenski $10,980 $11,415 $16,035 $21,040 $6,800 $12,400 $6,546 $85,216.00 MN Spec. Truck. $10,000 $16,000 $17,000 $14,000 $20,000 $13,000 $7,250 $97,250.00 Frattalone $17,100 $13,500 $31,510 $23,875 $13,945 $20,020 $7,560 $127,510.00 Staff recommends approval of the resolution. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds would be used for property acquisition, relocation and associated holding costs including demolition. During the 2003 State Legislative Session, the city's TIF special legislation was passed. In December 2003, the district was approved by the City Council. ATTACHMENTS • Resolution • Contract • Bid Sheets (Available for review in Department of Community Development) Included in March 8, 2004 Council packet • Advertisement for Bid • Location Maps CITY OF NEW HOPE RESOLUTION NO. 2004- 72 RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO RJK CONTRACTING IN THE LOW BID AMOUNT OF $67,519.00 IMPROVEMENT PROJECT NO. 760, 753, 741, 756, 758 & 734 BE IT RESOLVED by the City Council of the city of New Hope as follows: 1. That demolition bids were obtained by City staff for six city -owned properties, Improvement No. 760, 753, 741, 756, 758 & 734: 1. 4317 Nevada Avenue North (Single Family Home) 2. 5400 Winnetka Avenue North (Single Family Home) 3. 5500 Winnetka Avenue North (Single Family Home) 4. 5506 Winnetka Avenue North (Single Family Home) 5. 7601 Bass Lake Road (Single Family Home) 6. 7605 Bass Lake Road (Single Family Home) 2. It is hereby found and determined by this Council that the bid from RJK Contracting in the low bid amount of $67,519 is the lowest responsible bid submitted for the project. City staff has recommended the designated lowest responsible bid to this Council for the award of the contract at the referenced properties. 3. The Mayor and City Manager are authorized and directed to enter into a contract for the performance of said project in the name of the city with the lowest responsible bid. Adopted by the New Hope City Council this 12 day of April, 2004. 4Ma ;:: Attest: City Clerk •' • 11 For valuable consideration as set forth below, this Contract dated the 12th day of April, 2004 is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter City) and RJK Contracting aA4�xlaoatisn- (hereinafter Contractor). d 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the plans and specifications for the demolition and removal of foundation and other site features on various City /EDA owned properties commonly known as follows (collectively hereinafter the Property): • 4317 Nevada Avenue North • 5400 Winnetka Avenue North • 5500 Winnetka Avenue North • 5506 Winnetka Avenue North • 7605 Bass Lake Road • 7601 Bass Lake Road all in the City of New Hope, as further detailed and set forth in the City of New Hope Demolition Specifications attached hereto as Exhibit A (hereinafter Plan) and incorporated by this reference. This Contract and the Plan shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the Work) shall include the entire completed demolition, removals and fill, or the various separately identifiable parts thereof, required to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Properties by the demolition and removal Completion Date. 3. CONTRACT PRICE The City agrees to pay Contractor sixty -seven thousand five hundred nineteen and 00 /100 Dollars ($67,519.00) payable upon the City's acceptance of Contractor's performance under this Contract. 4. COMPLETION DATE Contractor shall complete all demolition, removal and site restoration Work under this Contract for each individual property within thirty (30) days after it receives a written Notice to Proceed from the City for each property as required by the by the Plan 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. 5. INSURANCE 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 a loss payee under the policies: a. General Contractor Liability: $500,000.00 b. Automobile Liability for all automobiles: $500.000.00 c. Workman's Compensation: Statutory Amounts d. Umbrella Excess Liability $1,000,000.00 This certificate must provide for the above coverages to be in effect from the date of the contract until thirty (30) days after the Completion Date, and must provide that the insurance coverage will not be canceled by the insurance company without thirty (30) days' written notice to the City of intent to cancel. 6. BONDS The Contractor shall provide a performance bond and a material and labor payment bond, each bond in an amount equal to the contract price, as security for the complete performance and payment of all the Contractor's obligations under this Contract, and issued by a surety licensed to do business in Minnesota. The performance bond and material and labor payment bond shall be in a form acceptable to the New Hope City Attorney. The Contractor shall pay all labor and material suppliers when payment is due and before any claims are filed for the same against any payment bond required by this Contract. 7. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the Work and the safety of the public. 8. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 9. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. 10. NOTICE The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be 7901 Beech Street NE, Fridley MN 55432 Telephone Number: (763) 717 -0334. The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531 -5100. (continued on next page) IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written CIT LOSM STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 1A day of ? _, 2004 by Don Collier and Daniel J. Donahue, the Mayor and City Manager, respe tively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. a I VALERIE J. LEONE Notary Public N0TARY PU8 L C - NJN'' S 0T f;;' MY The foregoing was acknowledged before me this day of , 2004, by the e + �. �f , -> a -Mimesom on behalf of said Notary Public P .Attoniey.SAS'd Client Files' City of New Hope\99 -1 1 ?87 \demolition contracts- various propeties.doc } J, A, xpiresJan.31 ?005 4 ,. SECTION 02225 REMOVALS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removal and Disposal of the Following Items: 1. Clearing and grubbing trees 2. Grubbing (or grinding) stumps 3. Fence removal 4. Concrete removal including foundation walls, slabs, footings, pavement accessory to homes, gravel beneath any pavement. 5. Concrete block, landscaping block, and brick removal 6. Play equipment, doghouses, etc. and all other man made structures on the property. 7. Removal of all house materials (superstructure) 8. Removal of all materials within the houses and garages 1.02 RELATED SECTIONS A. Section 02930 — Turf Establishment B. Section 02315 — Site Grading 1.03 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Construction ", 1988 Edition and the Supplemental Specification dated May 2, 1994 (MnDOT Spec.): 1. Section 2104 — Removing Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away, eliminate or remove from the project site by any method selected by the Contractor and to dispose of material. 34Gen E02 -24 © 2002 Bonestroo, Rosene, 02225-1 Anderlik & Associates, Inc. REMOVAiS 1.05 REGULATORY REQUIREMENTS A: MnDOT 2104.3C is modified as follows: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the Contractor. 1.06 SCHEDULING A. Prior to starting work, submit for review by the Engineer, and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this work. B. Fill holes or depressions resulting from removal. 1.07 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing streets, curb and gutter, sidewalks, fences, trees, utilities and other features that are to remain from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall be responsible for disposal of all items removed, except for those items identified to be salvaged. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Demolition shall be performed without damage to adjacent retained work. Where such work is damaged, the Contractor shall patch, repair, or otherwise restore same to it's original condition, at no expense to the Owner. 34Gen E02 -24 © 2002 Bonestroo, Rosene, 02225-2 Anderlik & Associates, Inc. REMOVALS C. All demolition debris shall be removed from the area of work as often as necessary, but not less than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and occupants of buildings. 3.02 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of work. B. All street signs, traffic control signs, guy wires, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways, or other means of egress. Conduct operations with minimum traffic interference. D. Take reasonable precautions to limit damage to existing turf. E. Holes or depressions created by removals shall not be left open for more than one day. Any hole within ten (10) feet of sidewalks shall be filled, suitably marked or covered immediately. 3.03 DEMOLITION AND REMOVALS A. Concrete and Bituminous Surfacing, Block and Brick: 1. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. 2. Sawcut bituminous surfacing to full depth at the limits of partial removal, prior to that removal, unless otherwise approved by the Engineer. B. Building Removal and Man -Made Item Removal: Remove in accordance with MnDOT Spec. 2103, except as modified below. 2. Fill all depressions after removal of the basement and foundation. Basement Fill shall be compacted 98% standard density. 3. Remove all site man-made items on the properties including fences, walks, driveways, structures, landscape block, etc. ALL man-made items are to be removed. 34Gen E02 -24 © 2002 Bonestroo, Rosene, 0 2225-3 Anderlik & Associates, Inc. REMOVALS 4. All materials within the houses and structures including any remaining debris, junk, appliances, boxes, etc. must be removed. ALL items within the structures must be removed. No materials «•ill be left on site. C. CIearing and Grubbing: 1. Only remove trees and stumps if required to remove the structures or other man -made structures.. 2. Damaged trees, broken limbs, branches, etc. must be removed entirely including stump removal. 3. Backfill and compact hole to 98% standard density. 4. Place 4 inches (min) of topsoil and seed according to Section 02930, D. Fence: 1. Remove all posts, fence materials, fabric, and foundations. No materials will be salvaged by the owner. E. Miscellaneous Materials: 1. All materials identified on the plan for material shall be removed under the requirements of this section. 3.06 MEASUREMENT AND PAYMENT A. All items to be removed are shown on the plans. All work and materials required to remove these items shall be paid under the lump sum bid item "Site Improvements ". END OF SECTION 34Gen E02 -24 © 2002 Bonestroo, Rosene, 02225-4 Anderlik & Associates, Inc. REMOVALS SECTION 02315 SITE GRADING PART 1 — GENERAL 1.01 SECTION INCLUDES A. Finish site grading 1.02 RELATED SECTIONS A. Section 02225 — Removals B. Section 02930 — Turf Establishment 1.03 REFERENCES A. MnDOT Spec. 2105 — Excavation and Embankment. 1.04 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing roads, fences, trees, utilities and other features from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 —PRO )UCTS 2.01 MATERIALS — NOT USED PART 3 - EXECUTION 3.01 TOPSOIL STRIPPING AND STOCKPILING A. Topsoil shall be salvaged from areas to removals. Respread after removals. 3.02 SITE GRADING A. All graded areas must be left in a mowable condition. B. Slope grades to insure both temporary and permanent drainage. C. Finish slopes cannot exceed 3 to 1. 34 -Gen E02 -24 © 2002 Bonestroo, Rosene, 02315 -1 Anderlik & Associates, Inc. SITE GRADING 3.03 COMMON EXCAVATION A. Excavated materials can be used as backfill in depressions created by the grubbing of stumps or foundation removal. A minimum of 4 inches of topsoil shall be placed over all areas to be restored (See Section 2930) 3.04 MEASUREMENT AND PAYMENT A. All site grading indicated on the plans will be measured and paid as part of the lump sum bid for "Site Improvements ". This item represents compensation for all work required to salvage topsoil, complete grading, and respread topsoil. END OF SECTION 34 -Gen E02 -24 © 2002 Bonestroo, Rosene, 023 1 5 -2 Anderlik & Associates, Inc. SITE GRADING SECTION 02930 SEEDING 02930.1. DESCRIPTION A. This work consists of placing topsoil and seeding- disturbed ,, non - vegetated areas on all lots identified on the plan. B. The City will order restoration (placement of topsoil and seed) at 4317 Nevada Avenue. All of the other properties in this project may or may not be restored with topsoil and seed pending the schedule of redevelopment of these properties. Certain properties may be redeveloped immediately after demolition in which case restoration would not be completed as part of this project. On this basis, the City reserves the right to add or delete quantities to Part 7, General Lot Restoration, of the Bid Form without changes in the bid unit prices. C. Submittals: 1. Product Data: Provide nursery source and invoice for seed to be purchased for this project. 2. Producer's certificate of compliance - Written document verifying compliance of mixture of seed furnished. Submit to the property owner 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging and location of packaging, seed bags /tags (germination rate, weed seed content), and copy of seed dealer's invoice. C. Delivery, Storage and Handling: 1. Seed: a. Deliver seed mixture in sealed, undamaged containers. b. Protect seed from moisture prior to use. 02930.2. MATERIALS A. Topsoil: Topsoil Borrow conforming to Mn/DOT Section 3877.2A. B. Seed Mix: 60B Seed Mix conforming to Mn/DOT Section 3876.2 C. Fertilizer: Commercial Grade (10- 10 -10) conforming to Mn/DOT Section 3881 D. Mulch: Type 1 conforming to Mn/DOT Section 3882. 34 -Gen E02 -24 C 2002 Bonestroo, Rosene, 02930 -1 Anerlik & Associates, Inc. SEEDING 02930.3. CONSTRUCTION REQUIREMENTS A: Sequencing and Scheduling: 1. Seeding Seasons: a. Spring: April 1 to June 1. b. Fall: July 20 to September 20. C. The seeding seasons can be altered slightly depending on weather conditions and approval by the Engineer. d. It is anticipated that the seeding will be completed in the spring of 2003. B. Seeding: 1. Seeding all disturbed and nonvegetated areas. 2. Remove foreign materials, undesirable plants, and their roots. Do not bury foreign material beneath areas to be landscaped or restored. 3. Installation Methods for Seeded Areas: a. Site Preparation — Plane and level the site to remove all bumps, mounds, and irregularities. The site must be left in a condition suitable for mowing. b. Site Preparation — Prepare the site by loosening topsoil to a minimum depth of 2 % inches. Loosen top soil in all areas to be seeded. C. Seed Installation — In accordance with Mn/DOT Section 2575.3 d. Seed Installation of small areas — Hand spreading is acceptable. e• Seed Rates - In accordance with Mn/DOT Section 2575. Seed rate of 100 lbs /acre. The seeding rate shall be split in half and two passes shall be made over the entire site. f. Harrowing - The site should be lightly harrowed or raked following seeding. g. Packing — Pack the site following harrowing to insure a firm seed bed. 34 -Gen E02 -24 Cci 2002 Bonestroo, Rosene, 02930 -2 Anerlik & Associates, Inc. SEEDRJG C. Fertilizer Apply in accordance with Mn/DOT 2575.3.0 at a rate of 300 lbs, acre D. Mulch 1. Apply in accordance with Mn/DOT 2575.31 at a rate of 2 tons,iacre. 2. Disc Anchor in accordance with Mn/DOT 2575.3.H 02930.4. MEASUREMENT AND PAYMENT: A. The number of units bid for each item are estimated. The actual amount of work required will depend on the area disturbed and the number of lots to be restored. No adjustment in unit prices will be made for changes in the units bid. B. A bid item is provided for seed. The bid unit price per pound (LB) shall be compensation for all work and materials including soil preparation required to complete the seeding. C. A bid item is provided for fertilizer. The bid unit price per pound (LB) shall be compensation for all work and materials required to complete the application of fertilizer. D. A bid item is provided for mulch (Type 1). The bid unit price per ton (TN) shall be compensation for all work and materials required to complete the application of mulch and disc anchoring. E. A bid item is provided for Topsoil Borrow. The bid unit price per cubic yard (CY) (LV) shall be compensation for all work and materials required to deliver, place, and finish grade topsoil in areas designated by the Engineer. END OF SECTION 34 -Gen E02 -24 C 2002 Bonestroo, Rosene, 02930 -3 Anerlik & Associates, Inc. SEEDING 79W 7800 f 70M 75W 7901 7610 =7332 N 5"59 3346 Cc 7615 5538 5539 5540 5537 . 7301 5532 SWI 5530 5524 5519 5520 7621 n 7601 ST. RAPH/ 7940 5518 3509 ^ 5510 CATHOLIC 5512 CHURCH 7 5501 708 7608.' 5506 ......... ...... 55TH AVE N Af 5436 U.3 5500 5443 5444 7 5436 5437 5436 9446 5437 Z:' 5438 5433 5434 � 5433 5432 5430 5431 5429 iw 542S 5 429 ; 5440 5430 5429 5426 5427 LAj 5434 ;�2'7 5426 427 7ew 54 Z' 25 542 5420 5421 5 5422 5423 ST RAPkC > 5416 5417 -5419 - DR. 5420 5417 5420 5425: 5420 3418 5410 5411 5361 5354 5412 s4l o 5413 5414 5413 5416 LLJ :W� 5413 4 5406 5407 5 14 53 53M 5406 5349 5409 5406 5409 544M . 5410 5400 :5349 5400 5401 T f 5400 0 5342 5343 53 51 5400 15343 5340 25 5330 5337 S348 5329 5336 5337 c SM6 5, 5319 337 5330 5331 5324 5331 5.342 5325 ; LLJ. 5= P. C 5318 5325 O 5 3m 5324 5,325 5321 Di 5324 5325 co c3r 5318 5319 1 5307 5312 531 WW 5317 5318 5,319 5201 5324 53t3!: i 5312 5313 7= 5306 5313 5312 78W 5313 Jil 5306 5307 -5218 5318 5306 r 5W7 5X7 ; 5 1 5312 5305 • 5300 5WI < WOO: 0 '5301 520* 5306 ', 5301 .5221 4D 5200 P , 7W6 7600 5242- 5249 i5242 . ,5201 ! 7411:5243: cv 5230 cb 5243 ;Z' 5236 '5237 5261 5224 5237 R V6 5251 i—j' 3230 5231 co 5218 5231 5224 5225 4757 �_ Z C - _ 50` N -7710 G r 4749 - -_.- 4748 . 4749 51 !! 4741 - 4740 Q SO i h" 7700. QvGg 4741 Q 4733 __. z 4732 4733 _ - _ ...._..._ -._ 4730 4725 + - - - -- - = N .. .- -. 4724 4725 n n� n n Z _ ' ___..._- .- -_ -_- 4717 .._..___._ -: °__.._ , z 4716 4717 _ Z _.._ _.... _ ._ - — j Q 4700 : 4709 W 4708 ~` 4709 LJ > n n -- ....__._..... 4701 4700 470i - ......_... _.•._.. 47TH AVE N 56 ? 4657: ;465 4657 4656 4657 _ -.._. _- ...____- -. -- --•_-_ ___ - ._ -.. 38 4649 - 4649 ^ 4648 4649 ' ....- ....._ Q 4640 4630 _- ......_. _�.�......_._ .._ _ ' 46at 10 4641 -+ ...._.. 4641 : Z 4632 _........_... ,. _, 4632 O 52 4633: _ 4633 W 4624 4633 Z 4624 '4 4625: 4625 - O 4616 4625 W 6 : 4617 C). _ - ..._....... - 4608 4617 a - _: ;609 - s ..4 Q d _ _....._.. .__ ... 4 4 617 _ _...._ Q 4 609 t _ CC - W 4609 4600 0 4601 4600 M 4601 -- 4601 4600 4565 _ -- 46TH AVE N _ o 7649 Z �....- .,.._._. 4556 ,._..._ _ 4549 " 0 4557 _ 4548 _ '. 7700 co 4549 - - 4541 '4540 o _ - .._.._...._ _ ----- ..453 •n n _.__..._.. __... _. 4541 _ 4532 3 N.._. 4550 ! 4533 4524 4525 �. o 1 4510 n 4525 4516 4517 4517 4508 4509 I 0 n 4500 4509 - -- 4500 4501 riot " _.....___!_ = 45TH • AVE N' 4425: _ 4424 4421 4425 4401 C _ r ` 4419'' _ » a3,a ^s3os 4 4 15 _ FRED . - ...... +. ._ SIMS _.._....__......_ z' 4317 RK A 4309 AVE N ` 4301 4300 4301 UP AVE N . 43RD ~4230~ _.._.w.. _. _ .. • _= 4215 v i - _... 7260 - - -- -- - - - - -- s.. 42 25 4215 _ _4224 — -- _ 7240 - AVE (v _43RD 4220 *211 4z 7_ 7220 _ - .... - - 76QQ 4215 » - -+V _ 4216 7200 f1 7528 ' 7516, 7500 7700 »._._.._ . .._...k__.._. 215 7180 7140 7300 7100 7401: G "y• dt'>5 BID Site Demolition (4317 Nevada. 5400 Winnetka. 5500 Winnetka. 5506 Winnetka. 7605 Bass Lake Road and 7601 Bass Lake Road Extension) Ne-w Hope. Minnesota BRAA Project 34 -Gen E04 -02 Bid Date /Opening: Tuesday, March 30, 2004. 1:30 p.m.. c.s.t. Return to: Cite of New Hope Fax Number 763 - 531 -5136 Office Number 763 -531 -5137 (hen Doresky) UNIT TOTAL. ITEM UNIT QTY COST COST Part #1 — 4317 Nevada Avenue N. 1. Site Improvements — Removal of foundation LS 1 $ /c, /8 7vU 01& . / 1�,7, ct;) and all other site structures, general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessary LS I'A 7 a' 74z7, ov requirements to close and seal existing well. Total Part #1 — 4317 Nevada Avenue N. A) 5 57 , cc Part #2 — 5400 Winnetka Avenue N. 3. Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. Total Part #2 — 5400 Winnetka Avenue N. Part #3 — 5500 Winnetka Avenue N. 4. Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. Total Part #3 — 5500 Winnetka Avenue N. Part #4 — 5506 Winnetka Avenue N. 5. Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. Total Part #4 — 5506 Winnetka Avenue N. 1 # 7�--z (0 --6 76•�( - w oo 1 7 Z53 " , 17- u A -. / 7 7s? c,-) 1* 1 23Lw 17 a 36 , vc UNIT TOTAL ITEM L".\ITQT)' COST COST Part #5 - 7605 Bass Lake Road 6. Site Improvements - Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. Total Part #5 - 7605 Bass Lake Road Part #6 - 7601 Bass Lake Road Extension 7. Site Improvements - Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. Total Part #6 - 7601 Bass Lake Road Extension 1,6 14� S2 /l. co -* 5-2-11 .CX" I �' JU.�SI • czJ -� fG Z S/. C IG 2 - C 4 Part #7 - General Restoration of Lots (See Spec Section 02930 - Turf Establishment) 8. Topsoil Borrow (LV) CY 300 v O i p t} b 9. Seed LB 150 1 1.1- 1 0 10. Fertilizer LB 330�j , tJU ,� 330. vo * 11. Mulch and disk anchoring TN 3 * 00 ., z 2.5 O0 Total Part #7 - General Restoration of Lots 3�r� -� v � Quote Summary: Total Part #1 - 4317 Nevada Avenue N. Total Part #2 - 5400 Winnetka Avenue N. Total Part #3 - 5500 Winnetka Avenue N. Total Part #4 - 5506 Winnetka Avenue N. Total Part #5 - 7605 Bass Lake Road Total Part #6 - 7601 Bass Lake Road Extension Total Part #7 - General Restoration of Lots Total Quote /OB'�7• v0 - 61 1 —C<-) S 1 Z 75-3 • v� S Z /l. vo �b ZS'/ • DU 3SSS. uv 75! 9• uv The undersigned, having studied the attached description of work. being familiar with all factors and other conditions affected the work and cost thereof, hereb proposes to purchase these homes and furnish everything necessary to complete the project in accordance 16th the attached description of work. Firm 4� Printed Name of Agent 7?ct c -h s-r y 2& 3 - 7/ 7- 03 3 A ddress Telephone No. f- e f f MA) S"S�f 3 Z- '73 y47 _ Fax. No. 3 - 3o off/ City, State & Zip Code Date APR 13 '04 09:30 FR HORIZON AGENCY 612 944 3091 TO 97635315136 P.01i01 A � ., CERTIFICATE. F LIABILITY INSUM —, bAT4nalD/ =4 PRODUCER 2 PoUOYEXRRAT1oN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Horizon Agency, Sne. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR (952) 944 -2929 0613012004 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. S 1,000, P TO aRENTED 11000 WA,"m Pz-m41-4m. West 78th St 4300 MM 55344 — 5 - s o Ono INSURERS AFFORDING COVERAGE NAIC# INSURED Roger Rje22barg DSA RJR GENERAL AGGREGATE INSURER A: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ?I ' D ' LOC PRODUCTS• COMP /OP AGO 8 Contracting A INSURER B: AUTOMOBILEUABILUT ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS RC0064702100 0613012003 7901 Beedh Street HE COMBINED SINGLE LIMIT IEa aeeideft INSURER C, INSURER D s Fridley, MN 55423 BODILY INJURY (Perseeidentl INSURER E: PROPERTY DAMAGE (Peraccident) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREG LIMI S HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVL POLICY NUMBER POLLCY EFFECTNE PoUOYEXRRAT1oN LIMITS * GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMADE © OCCUR Al21WT9R9/U2RRATT0 BCO066702100 7 0613012003 0613012004 EACH OCCURRENCE S 1,000, P TO aRENTED S.. MEDEXP(AnY one person) — 5 - s o Ono PERSONAL 8$ADVINJURY S GENERAL AGGREGATE 6 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ?I ' D ' LOC PRODUCTS• COMP /OP AGO 8 A AUTOMOBILEUABILUT ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS RC0064702100 0613012003 0613012004 COMBINED SINGLE LIMIT IEa aeeideft $ Z�A ODO BODILY INJURY (Per person) s BODILY INJURY (Perseeidentl S PROPERTY DAMAGE (Peraccident) s GARAGEUABILIY ANYAUTO AUTO ONLY.EAACCIDENT S OTHERTHAN EA ACC AUTOONLY: AGCi 8 _ g A EXCESSIUMBRELLA LIABILITY OCCUR D CLAIMSMADE DEDUCTIBLE RETENTION 8 cpcV64702300 0613012003 06 EACH OCCURRENCE S .1. Q AGGREGATE S GOD. D s s S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? kyy ea, describeunder SPECIAL PROVISIONS below N(:0066702 0613012003 0613012004 Wcs" o E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS certificate holder is an additional insured under general liability only as related to job: Win atka, Sass Lake !toad and Bunter Properties, New Hope, MN City of Now Hope 4401 Xylon Avenue North New Hope, MN To 55428 � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL --% A� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, AUTHORIZED ArnQn e+neonQATIntU 102ft Bond GRMN22109A THE AMERICAN INSTITUTE OF ARCHITECTS AIA Octcurneta A 02 Arty �wgulv ri I o Contras tor. Sury v (it,% ner or Wher p a r, halt be i oriNidered plura I where app u hiv. C(')NI`1\ ; and Atidrvqo: Roger James Kjellberg DBA RJK Contracting 7901 Beech St NE Fridley, MN 55432 0\'V%fk �Namv and Addrv�,ji- 511R1TY and Pr rll Ip,'11 Mice 14 Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 CONS I RUC I ION ( ON I k-At. ,"I 0 Ire: 12-Apr-04 Anioun(: $67,519.00 tNarrie and k ou"uontc: Demolition and Removal of Foundation and other Site Features on Various City/EDA Properties: 4317 Nevada Ave. N., 5400, 5500 & 5506 Winnetka Ave. N., and 7605-& 7601 BOND Bass Lake Rd., New Hope, Minnesota Date tIN'ot varlier [h an Con�,trm.tion (.'Oflirat 'I Datvi: 13-Apr-04 Amount: $67,519.00 Sixty Seven Thousand Five Hundred Nineteen and 00/100 '0od'Ific.'stim Svc' ( A ""-Ri IN 0 -. orn(;Yan) . Roger James K'el1ber-g-DB-A-RJ Granite R( Si jt- K--3C0 acting L Signature: NN'i'me ar ( title: T ". Ime and Jonathan P tAn-v addint.mal signatures ippear e)n page Attorney -in -Fact Frj:)otate "("-a I JOUR jNF0Rk ONI Adt anfi Teh AGENT or BR.OKIR: kH Art hito(l, i rit or Pate Bonding, Inc. other parf� 1276 South Robert Street Bonestroo, Rosene, Anderlik & Assoc., Inc. West Saint Paul, MN 55118 2335 West Hwy. 36 (651) 457-6842 St. Paul, MN 55113-3819 AIA DOCUMMY A112 • >1 A14 litNIANI, f BONO V'0 I Mt I3Q ')ME "I4 AN 1 tf Of AkkH If( T'; A312-1984 1 TWRO Pkg 10 P'(' - 'Nf ' Rl it -e"' Bond GRMN22109A 1 the (xinux Ito and IQ Sufic fa. P"noN aml %mernmi now Wed twks, vwo, uhn Mr t viq-Tos it) iht ON-owr liar the pertort or Ow Lonmrlmi on Lamina. u:" lch M snumpomAhcnmn m , ref(tireme, 2 H be thnua for ;wrunn" Ihv Ctm"Inu Nut Onnya"; the Suraiv and Ihr UnMracuo khaH Im%v no WqMwn orldor tho, k4oind, 'WWW to PMWWAffa in confteft A p fit Sukparatgraph t a, 3 U ton, " no ()"niti OrtmY tilt` lsuteti -, ciltho,di:orl uQur Kko MPQ WH arm,p xih U TV (Avriv- Ws noldic-d the Lunwirm and the Swov at A atdow%> destyled in Pangimph 10 ht4tm Want the c3o"not W contAbOng An binng a Caut"t UK LjrtnuR urd has toqu and Ah"pWd fo o"mqu v twn"em o w9h On- 4 and t sum" io ht hi•ki not laier !"ixi 14teert dai,-, ativir jvtr-aw (of brVi� r"We "; on U" MWA05 of PormwMing dw (Tirts"M - Ion CoMun, 11 the 0iotnvr, tho Gm9m Nq and t Suft ag•i thi. OmMat a" dull he Almwd a ww"s- AW throw ho; jusm"n On Conanavon Cannact, but wimh an at;"Trrim shall riot the (huwA "gN a an"i 12 fhc- Otioct has dmlaoii anmor,KharNimm and vamalk wnmmittd On- ( ke nghi to (orriplett Ow t morm. $ Sm h L muraux X01,111 -mak not he (to, tkwdeodwr Man t"enot da� attt the Ckotfi!tak liva"Id to Suintv hase t"emed riolice a annichif on Wdy para4fal ;A: ant 33 Thv thtncq ha% Myrefw fit pa €fir Ow 10hmv Q We ( on t Frlto,, fit the SureW in a; tordante watch- Om Wtv, tu 4W ch"Inji totin ContraIt or to a k tetra( ol wrietiondlo ptihorn the 10 1kni(A"Wra I in ai "m dwrti w0h Pw lem" to dw ow"jo "4h Me COner, 4 %VN, We Onim, to Yokbord I& omtdabt" to Parm g"yh 4 the lu•ly AwN WnmWk aid at Ow suwn° t,- lake one tti the itipotning aa , h(ols: ?I Aunige "n the (Amnitcvw wah conot"vi iti zK UP P•110"11 and tOMPhIP 14' OMM Omtnid; or 41 po-o':lcnt s ta 11fat Tot " of 4.3 4,)[ bids fir no trliated pro r, po I wn q"Wwd corfummn ,ac unnAfile in Ow Owner stir a (witra(,f for ptriomunce and comp[etom W 9c LAI ,truMon 'Jfl;Jng(t Ik)r as (t to te, Sin- pared ior tnecution bI� the Otvocr tnid the c worat ,,)I YmWd v&h Hw Cii, xw , I om iareni e, Ism be urid "Rh pornpinance arul ;mnwm Vnik tmmuwd bi as MnilditA wurm c�,'fuit ali- h) the tivmd� cwi the C omVu05r Contruh and an to din (I"wr Ore as iount to rlaniaW-, as df in Paragraph 6 in i° c I A) os�, of the Rattrict' of din ('Aintiatl: Prt (e n(, r, ft N3 fn the (WIPC WyUhing IRHU Me Commor s defauk, of 4.4 Wxtiqh non Ivl uer'tom and COMpit-t(l. 4nAIIIxc hg connAmum to nNwn a new twMmvir am! n% re,isonablv poomptnt-, under Mon Atnorrwaxv ry .1 win vokh 0 nuiv be We too be (nin" joun a , a pt, v allcr divamottij' o dctt- mined. tenfllt ; °rl` Ittvivtor fit 'fit' (h"Us titans; rveons INqVWf. 4v,rh reasonable qmnrnpuir". !he At•y 04105-cl no h"n 51"h an 914 th"Ut ot•m dd%s j"vr rvt via mm xldifionai f.tirill0o niqii I from lht,n (fion'r Vt the sul'• " demandonp WA Me Nun-W pa"irm a OAgatwrn tm&r Sy Bonj and I& 0"ner shaN be wulitlod ha woono m% fen1vocit akralatok n the 0"n". H Ow suwK onrz"0 a pd` ill stdipasagniph ; 4 anG (fit 0e,'71ef fell-Ile 111v pention; intrikirml cu the sawr% has denied Onto. an entaled to c•itc.Itce ltvt r t wwfk avadattle Io 0a Ot%nv- 6 Amy Ne (Onvr has Ir-ndmant IN ( worm wav ught to twnpov Hw (bUxur mm tVintrag v xid it Tho sunin chi is Cat ad ant hi ?tJqmmWVh 1 1, Y! in 1 3 ahaw-, Men the rt-,pr>nanoit'iti" of I)e suitlt Io the Cht°)vr Ot-111 mm be giver than fltov of 11• Coenaoot undnr thv cm,"utrwin CAWiNXIL a Md 10• wMNm"h;hlAA W %, Ono,ner tit 11w Ntirt!t% thalt not bf- vt thin th ,-e w tho Ownvi- u"de"ni;ConArx1qwi CAntoact. Tolhetmoit to the anictunt of As Hond, W md$Tl "I tomutilnumf In 01v Owwr M low FIMMU c to Ow (Awly" lure fil VWqjW"1 of Hwhurt 01 Then te,ponsJ In Inv 0 oiia-, ha lot tkow� I"'011 (,I; dvltlmif Nol and o ov plclwo (11 !ta ( wl"IrM - IwmLowww 62 khNstam 4qj. Oman Pro•—"wim ,trawl d•1% c i"Is rundfirw mrrn the ( towrxxr� DoaW% And iv .How own The ictum, to Ixk"V "s Sr to to s6rch drukir Pa"gaph 4; anci 63 bqutdatnc�f n'tnup" tv as no higomsky jxuav Alry Sjvt s I It f n t h e w 0 man n I on ( e m-M t M I W1 cal" age, 4mv0d 4 olofao,ed peftorramv eat e '" me ( ovinow, 7 tsrr JwH start he rvdm eel or At o" on ain o"I eat ra" Nm h unwWted oblogarrmns No ; ght of at Im" wNdl m I "w mi to hnix. V"rumoc adMAGAMUK, IV ywacsonr krlg 'haflgc-, of fjoie, no ihri (.4an,triittwn (,'onlratt or lo) wlaioii ubturitumis, purchme circhi, and oKy 04iyot- imr, 9 :Grit Tproteeding, kTM 0 VWOAA. unwr 04 Ihomf man A twiHmed in ww con"t cm ( wrilw1un: furs", n tum In the lint atron mwtoichdoc"unk or ;marl o; "w"od NhwMul and ahaR he Arvoanto vothin ivir vear, arar Coinatltj Dvraull of ttstttan IN-o'k nears atief the 0oottathit att•t the stn,-Iot ri-Dgsv I to Punta"n R" a dslr a5lcsta, undvi- Iflis Mind, n'010 IM,- :ms mm. H Ow Plo tat ou. Paragraph are %oia ot prohibiled ho, la%A, HIw mimmurn perad M Imamm mad- T1,W&CUMENT 4312 . pfRn1r,Ku,,, — P NMI - M"MRR V= t1no - VIN DO AWWI Vs MIMLIE CH M0 1- 1111 IV i" `sP0, " Ak ottI4, t N k%, tnAsH,#Nf , A 1 t)N, jI A31119%84 2 - it ;Z PR IT N • H 11 toi ' Bond GRMN22109A able to sumiws as a dMense in the jussIckin 0 the sub shall he he mailed or dos Bred m Me ahkns bhvvvn on the sig- nature p"e' " When this Hood has been fumkhed in •ompW wi& a 021LOOM 01 tHer leXal requirement in the locamm where Me t o0mc don wx to bp jwdurmU a, provision in ths Mmd wok%g v4th sad statutory or legal reqwreinonc shall be deerned deleted hate from and p.jovi,iot)� con- iorming to suchetatulory or olivr Wmal wymnIent Wall tie deenied in(orpotowd her-n. The interm s 1h jhis, Mmd xWH bv "mkInwd as a smuory bond and not as a conirnor lays, bond NdOW LO wq arnoutil, rvc civic d or to be rccc�vvd b�' Me Owne m wttlevient eel Insurance or other clawms for damages to w,jch .he Contractor Is entitled, fe dLK'C'd h'all Veld af)( f)aVMeOls made to or cm 1whall of he (Nnoactur undo the OmArm tic n Con- 1. 1, 112 ConartmHon Cunfr,30: I fie agreelflent bet the ()wvnu and the Comractor sclentdred on Be vig nat ppp, woAmp apt co"m t Dooments W i1iang(, (huroh) IL3 Cmumun E*Guli Fmlure of Ow (.ontra(tor. which has neither been remedied nor wjvved. to per- farm or othervvisv to gcjmpl with the torus n ,fie consuunnn" EVIntma. 12 DEHNITiONS 12.1 Ralzilco CA than Conlracl price : Tho two ammml payabic Q the 0�,N to the Ccintractor under the CumvuoWn Contrac after all proper adjuNtments have been Made., jnC1LJding ZHOakar]ICC 10 the Con MODIOCA11ONS TO 11415 BOND ART AS F011,0% None 12.E amie, rmouh: Fadury of the Owner, x14 h hA4 ry"Ter been rpmedwd nor wwet to p" the C on- tractor as required by the Coast -m-non Lonirml or to Derjorn, and corlipiett, taa cortylv vvith the other Ictnis Owlefe. i provided bi 1w adffilaonal of added poh", n9un 4hw Ihtisv appcvin- on *,lic tiOlvf"r 5)d1"e., CONTRAC AS PRINCII*A1 SLOTY companv. aCorporale �eah Ccwr'pank. iCorpof ate Seah signalure! —,—. Name and lalp: shveso %wnv and Ackim AtA DOCUWNT A312 � P(kf()kMk',C I UNINO PA'sAMF ROV) - OU 0 %IN ntl X' A, ev lrtt. td CS AWHITI&N 1 MW YOO, X41., t'.%V A312-19M 3 1 W KD V C • MA'R( �' 14 '7 Bond GRMN22109A THE AMERICAN INSTITUTE OF AkCHITECTS ,A;,A 0ocatlit A.02 " vrctt, Ovowr or oihcx parT k 1j. Jw ( iinICI oi ; t% nn I (I i I IpI ic at t I I% C()NiR 1Natw acid Addw-'. �L I I( " "it) d Pn tit, I IM I P L It V t t I 13WiTIV l Roger James Kjellberg DBA RJK Contracting Granite Re, Inc. 7901 Beech St NE 14001 Quailbrook Drive Fridley, MN 55432 Oklahoma City, OK 73134 (AN'N'LR t%,inic And A(idw--:, City of New Hope 4401 Xylon Ave No. New Hope, MN 55428-4898 Cl KYN CO I RA(�'l Date: 12-Apr-04 Arnounl- $67,519.00 L)e,(- f il"Worl € 'N araler and I ocation Demolition and Removal of Foundation and other Site Features on Various City/EDA Properties: 4317 Nevada Ave. N., 5400, 5500 & 5506 Winnetka Ave. N., and 7605 & 7601 80ND Bass Lake Rd,, New Hope, Minnesota Oate :Not -arlwr than C'owlruttiori natc-: 13- Apr -04 $67,519.00 Sixty Seven Thousand Five Hundred Nineteen and 00/100 to dlti 114"Irld- X 'S,orw 'See Page 6 CONIRACI(W A C(wqw4n% I( orporatt= Seal Roger James Kjellbe _�J�g-DBA-R �- a trac St,'RFT) ComnaTIN: Granite Re, I/ , Inc. �,jtrw an Jonathan Pat `Am iddificmal I41)INNIr 13 C Attorney-in-Fact Il Oh` 1NK)RAfA1/0,N: ( Atldross arld A(tl- N I or HR(-,)KF R ()t,NINLR"S R1 FKLSL%'TNl 1% E tA t f0girif-er or Pate Bonding, Inc. otlier p�irtty: 1276 South Robert Street Bonestroo, Rosene, Anderlik & Assoc., Inc. West Saint Paul, MN 55118 2335 West Hwy. 36 (651) 457-6842 St. Paul, MN 55113-3819 .. . . .................... AIA DOWWW A312 - KRRANIIV'�(. , I kNP Flkt%0 d)jt k ale 114&[ k0 , AIA THI A,1VFR1CJiN INSMU pit AK(,HI1KA Vi, NM YORK V�L CI( A3 t2 -1 4 4 1 WVD • %ILAROtl 1146- Bond GRMN22109A 1 1 he (Ontractor and the SLITety% j(:)lndv anti neveraliv. bin( j thew hairs, executors admubstratwo, QUICESSESS and assigns to Qe C)wnpr in pay !or Wbor, rnatpnak and equiptnerA furnished for use in We rwqlm mame of Ke Cbmtrtwlrion Conumv "Wh As incrstPo rated herein b referrvnco. 2 IvVtth respect to the Own", thk 0AWalinn shall he Pull aid vned if the Contractor. 2A Ptcunritli, mArs payment directh,' or indirectly' for all sums the ClaimaMs• ATICI 12 %kni1s,"dannifies, and hods harntess the Ovk from cLainis, demands, lvens or sdb by am person of orvity whose clatm, dernand, ben or suit cs for the payment for ldbon ovidterOls or equWrhilnt f"t nished for use in the pe.tormanok� of the Construc tion (Timiart, provid4-d the Owner has prompiN notified the ConkddOr dnd the Stnety (at the adthe" dearribed in Pamgraph 12) of anj LOW, d0ndrids, l ns of sears and tendered defense of such claims, dernaftd Few, or suits to thf,* Contractot and the Sumtv, and provid"I -hete is no OAsner Debuk I VVih req if) Claimants, the obligation shaU hp null and vi.iid if tht-, Cisuraraw la orrtptdy maks pay ment direc.tiv or indirec0v, lclr ail s%olls due 4 The "hurt' V shill hAvf` no oblIAI to Clairrtantr under this Bond Until 4,1 Clarmants ivho are e; , rjpj u ve(1 by Or h•vin a dorec! t wra" "Th be Contractor have ),given notice to th+, Stnetv (at the ackhes dew Ked in Paragraph 121 and sent a anw,tv notice theretif.. ki. the C)vvf'V"s, s1 that i clami is being made under this Lif R ind, with nuktantial arctuacy tree amciunt of the dairn 42 Chm sho do not haVe as direct COnt-dLt voth the CuntracLov 6 %Vhpn the ClaUrdrit has smvtwd the candAmns of F,magra`iph 4, the Surety shill vrornWiv arid at ThC' Su- ray's ex the followin n�' _p , ta &A Send an drasvver to th(' Ckiiriw-int )A ith a cof)v to I Nelt) ml ,he Owner, withm 4) days after re , t Of I hP d s tsi rig 0v arrioonts that are tin&, iflcl tile 0.-Ass',' tor i-hallenging , disouted. , a arnoullt; that are b2 Pay w ivivinge lor pawnent N ctm arnounts 7 the Suretys total (sbhgation shall not exceed tile dfrj( c) f this [3 ali (j theainr%.Arat of thr-, tiondshall he rnvilmod for anv imments, made in gtxid f tiilb I)v Itw Surel 8 Aniuunts owed by tho Ownet to the (',0ntraCtA,-,r Under the Cammahn Canumt AwIl be uwd fm I& whor niance or the C or (.ontratf and to - tisn C irrls, It piny, u ndei ans ( Perfornianc'e Rond By be C-ntractor furnishing - t v , and the Owner , ( liting =his flond, thev agree that all funds earned in the Upwractor j the of the Consiru•tmn Contra(t lira Liedicated to satisiv ubligot4,-s i:if flr C tar racfor and the Surtatv under this B sL mi * ,, ( t t tile pnor th to use tho funds for thr completion of the i 9 Me Swety W not be HAW w Ow Caimants ix atlas es for obitgations of the Conrr,30or thit arts untkat ' to the Conahm !On %"ract The Owner shali r be t fiable tor pa-vi of any (osts (x expt' ant .aria,{ (leirin- an- g,kticitvs to rnAke pavrnent� to, Clive` notice; on beheti (4. of cAhenivise have obitgat4rnis to ( halm ants under this 13ond. 10 IN Swetv twrvhv Yvaive% ricame of any chonge. NJUding 011V'1t;1�!S Of t jo be Commmon ConUdCt or to re6wd piircha6w orders and rither obligarons. A H!Vve tUr.15hed w rwtiye to the (on teat tor rmd to copy ear notwe VwrersiAo ti () 9(1 cl after ha 1 performed labor or last furni5fie(,1 rylatalrx,0s Or ap"Mm slit u&d in the claim stating, vs,01 5ubst,intial aicwai:,-y, thearnount of the daim and the name of t1w Liarty to vvhom be wat( vvefe furnished or supplied or favor w hom the labor was done or pt-rformed, and .2 I-Uve edher wo ved a retection in vs hole or in umt own be Cowtar trit. or not rri within 30 days of furnish mg the obove tio- No any communitition frorn the 0',)ntractot by vvhirh the Contractor has indiLlted the clairn -s ill be paid dire(, t1v or tridirectiv, and 3 'N'ot having hpell paid wwhin the above 30 clays, have sen to the surer. (at the address described in Paragraph 14 and sent it copy, or rehire thereof, to the Ov, stdtils6' that a Oalfn is being made under this Bond and enclosing as ( - emits of the previoas wmwn notice furnished k; the ConUa0cir 5 14 as rwtkv reuitmed by Paragrapti 4 11 gtven by the Owner to th Cg or to they Stirpt, that is Uh runt compkance. 11 su 5uit or ,tat Biala shall be cornmencet3 by as Cialt under thi e wis Scm(j other that% in a corm ot conipet tit r in the locition in which tho %A Or Part of the v.ork is jr)(ated of after the expiration of one year from the (late 0) on whif h tile Clitifflarlt gavc'the no required I)y �Lrbparagrtiph 41 Or (IdUse 4 2 3, ( y tea) (in vvhtch the List 1 ( sorvi,, evvas performed b� dnvtint cis tht: last 11'latf va1s L )f equitirveni YvorF (I tile n fLirnished by anyone, un e� ), "I) ol - 'Cjrs. It the ,ruction Contract, WhidleVt�r of � r' first m - ,)f this, Paragrapfl are void or proNflited b'y wavy, the minAmul IM•KKC Of lirnttataCjn aVaddble to SLItClik ar as deterse in the jurisdKio Of the scant Shall be appItcabli 12,NcAtce to the Surety, the OvN=rer or the Cuntro(t(ir shall be rnaded or delivered to the addre s shown on the signature page. Actual reLeip', Of 11060" by Snffty, the (Meier or the Contractor, however dCL.QTflplVhe& shall be swhciem compkance a of the date received at tile addre"s shown on the sigrialtep page i3When this 13<)nd has heen furmRhed to corn;)IV With '4 statutory or odwr legal requiroment in the locatton where t h,p cons w as to be ;. *rforrned, any- provts•on in this Kond civriffirtmewith said stjtutory or logal reqwrernerit shall be devnvd deleted herefrorn and provision' ('Olt forming try surds statutory of other It TeqUirement x 41011 be doempd mcorporated herein ihe intent is that rhis AIADUILUMW A,411* J'd H)F'AAN"€ 'nqZ 4�' " 4 "I •WRK AN N""Wk M ARA HARC15 1 V Wr Nil N%% , " Uk "A" A312-1984 5 Bond # GRMN22109A F3t.nd 0wil be construe d a; a eta; itcvrti bond aml not as a. c• rnmean law hand. 14 t,'laeari re #nurse lav arat pf, or entity appc,- aeirig to be a l;,rat nliral tsenctic_iary or this Korarl, 'hey C:ontratte,; sfh,alt prOrra(atlV furnish a CUPV Of this Bo Of shall {re'rrrai;: A c.r ?PY io tart' mad e. 15 DEFINITIONS 15,i C:i�riraaant: ;fin inriir,iclatal rrr evntitl, tt�at a e?ircrrt € ciroraa t with they C'ontracoor orw'ritha �ub rcjntrkartrjrrat than C io ivrnish l4 or, materials, or etluili- nte nt for use in the performance or the Contract, The inlero of 1his Iltwi r shall be Te include withoul krna ira.. titan in ttty tvinv , labor, mafc- retch (it s. °ttwai(rrtar�`at" VIM piri cif water, lt,.es, power, light,, heat" otl, g"is 6ri , te:le phf.ine service or rental equipment u ed in lie C 0nctrurtican Contract ara hrtee teifa and en1*meering see irps requirr d Tor periotman r;' of the 'tv - irle izf IN Contr,at leer mid the t..e rrtrac.tarr's skA i(,ontracte,)ars, wid all other items for which a mechanic's, lien rraal b e asserted m Ott- luricdtaion whete the labor, materials or v (juijpnirrnt kvery famni0 hc d 15.2 C- esn�t re .cB arr t�t`r ratsk't: tFaa�.a;�raTMC °essthrtt h+�k��rr�rt the 0 vi�r and the C os itrac.trir id4, , r1ted trra tha "i;"- ria °:cart page. tr)(Judmg all ContrscT Documents anti c:ha,n e #s thereto, iS. 3 i) erfat4it: fai lutecir the Owner, whiehhas, rwilhef fief"'n Tool dic-d eater waived, te'a la,rro, the C on- trrictor w, rer+. oircd tz'w ifre owfrur: ion Contract or to perecrrni and Complete or c orralaly wilh the other ternvs thervol— MODIFICATIONS 10 THIS BOND ARE AS FOLLOWS: None lSpa e s provided below f additional signatures of added parties, other than lhoset al peArisaf, erra else* �cc rvr lx�l ;t =.1 C ONIhtAt IOR AS PRI'sC IP L 4l.,tRE TY C onalaant , i { ° r „srl aara4E Setal! Cornpany. (Corporate* Seat) Signature: Name and Titir: °: Address: Name= and Trtl Andress: AtA WCAUMENt A332 - {'tfcKANtANt:t 13dP D ANO PA.Y'MfNI BO* • mcisitak 1140 kl"a. • APA a Tter *',MRWA” N fiN5`T17UTC Of ',PCltl [r.T5, t"3' -, N,ta4 't'r S, Mr, , N tti W ?ASWN(7()N, t) C aPilXta A3I2 - 1 6 . ACKNOWLEDGMENT OF PRINCIPAL (indi State of County of 'fore me personally this On day of in the yea -be tome known and known tome to be the person(s) who (is) (are) described in aride.ec the fore inginstrr and acknowledge(s) to me that he­ executed the same. No Public eloseuui M Gtaby - _ _ _ ~~ ~_ �_=-.��_� County of I On this day of .in the year __^befonamo personally come(s) ' a member ofthe co-partnership of to me known and known to me to be the person who is described in and executed the forego instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of [)n this day of . in the year -_^before me personally to me known, who, being duly sworn, deposes and says that he resides in the City of that hois thm ot the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that hm signed his name thereto by like order. Notary Public ���0�@/|�����K��NT����U��T� '^`^'"`~~,,"-~-^~~~'~^-'`' ^~' SURETY State of Kinnesota County of Dakota Om this __- day of in the year 200, before m* personally coma(n) Jonathan Pate Attorney(s)-in -Fact of GnanKaLRe^|nu.__WiN whom |am personally acquainted, and who, being byme duly sworn, says thsd he reside(s) in Inver-Grove, Heights., MN - � --- that he is (are) the Attorney(s)-in- Fact of company described in and which executed the within instrument; that he know(s) the cu/pu. te seal of such Company; and that seal affixed to th e seal and that it was affixed by ord�r of Lthe Board of irectors of _E torney(s)-in -Fact of the said Company by like ord r. Notary Public Minnesota My Commission Expires JaM 31, 2M0O5 No Lary 4uaic C.PANITF RF INC. = ATTORN EY the laws of the State of OKLAHOMA and having its principal y constitute and appoint: act(s) for the following purposes, to wit: e any and all bonds, and to respectively do and perform any the said GRANITE RE, INC. a certified copy of which is hereto E, INC. through us its Board of Directors, hereby ratifies and Arument to be sealed with its corporate seal, duly attested by y, 2003. R. Darryl Fisher, •e President Rodman A. Frates, Secretary/Treasurer isher, Vice President of the GRANITE RE, INC. Company and I am personally acquainted, who being by me severally duly respectively the Vice President and the Secretary/Treasurer of foregoing jPower of Attorney; that they each knew the seal of zorporate seal, that it was so fixed by order of the Board of order as Vice President and Secretary/Treasurer, respectively, otary Publ i er of Granite Re, Inc., an Oklahoma Corporation, HEREBY the duly 15, 1987, minutes of the meeting of the Board of oked and is now in full force and effect. and any Assistant Vice President shall each have authority to e titles with authority to execute on behalf of the company issued by the Company in the course of its business. On any > may be affixed by facsimile. On any instrument conferring seal, or a facsimile thereof, may be impressed or affixed or in all not be necessary to the validity of any such instrument or affixed the corporate seal of the Corporation this odman A Frates, Secretary/Treasurer COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 10-25-04 Consent Item No. By: Kirk McDonald, Director of Community Development By: 6.5 MOTION APPROVING FINAL PAYMENT TO RJK CONTRACTING IN THE AMOUNT OF $5,709.90 FOR DEMOLITION OF CITY-OWNED PROPERTY LOCATED AT 4317 NEVADA AVENUE NORTH, 5400 WINNETKA AVENUE NORTH, 5500 WINNETKA AVENUE NORTH, 5506 WINNETKA AVENUE NORTH, 7601 BASS LAKE ROAD AND 7605 BASS LAKE ROAD (IMPROVEMENT PROJECT FILE 760, 753, 741, 756, 758 & 734) ACTION REQUESTED Staff recommends approval of a motion authorizing final payment in the amount of $5,709.90 to RJK Contracting for completion of City contract for demolition of the subject properties. Five of the six properties are located in the in the east Winnetka redevelopment area. POLICY/PAST PRACTICE Before final payment is made for City contracts, the request is brought before the Council for approval. BACKGROUND On April 12, 2004, the Council awarded a contract for demolition of the subject properties to RJK Contracting in the low bid amount of $67,519.00. Staff determined that restoration was not necessary at the properties located in the Ryland development, therefore the contract was reduced by $3,555. Restoration was completed at 4317 Nevada Avenue North on the provided per unit price totaling $212.00. Compaction tests were requested by the city engineer at an additional cost of $898.00. RJK Contracting has completed the work and submitted an invoice for the contract amount of $67,519.00. Staff inspected the project and released 90% of the contract for a total of $57,567,60. Per the attached correspondence, the City Engineer has inspected the project and recommends final payment. MOTION BY SECOND BY TO: I: \RFA \PLANNING \ Housing \East Winnetka Redevelopment\ Q— Demolition Phase 1 Final Payment Request for Action Page 2 10 -25 -04 On May 5, staff and the city engineer inspected the project and recommend approval of the motion for final payment in the amount of $5,709.90 contingent on the submission of the required paperwork. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds have been used for property acquisition, relocation and associated holding costs including demolition. ATTACHMENTS • City Engineer Correspondence • RJK Contracting Invoice Included in the April 12, 2004 Council Packet • Contract • Bid Sheets (Available for review in Department of Community Development) Included in March 8, 2004 Council packet • Advertisement for Bid • Location Maps Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto Bonestroo, P.E.. Marvin L. Sorvala, P.E. - Glenn R. Cook, P.E. . Robert G. Schunicht, P.E.. Jerry A. Bourdon, P.E. Senior Consultants: Robert W. Rosene, P.E. - Joseph C. Anderlik, P.E.. Richard E. Turner, P.E. Susan M. Eberlin, C.P.A. Associate Principals: Howard A. Sanford, P.E. • Keith A. Gordon, P.E.. Robert R. Pfefferle, P.E. - Richard W. Foster, P.E.. David O. Loskota, P.E. - Robert C. Russek, A.I.A.. Mark A. Hanson, P.E. . Michael T. Rautmann, P.E. - Ted K. Field, P.E.. Kenneth P. Anderson, P.E. Mark R. Rolfs, P.E.. David A. Bonestroo, M.B.A.. Sidney P. Williamson, P.E., L.S. • Agnes M. Ring, M.B.A., . Allan Rick Schmidt, P.E. Offices: St. Paul, Rochester, Willmar and St. Cloud, MN . Milwaukee, WI Website: www.bonestroo.com TO: Amy Baldwin FROM: Vince Vander Top DATE: October 21, 2004 SUBJECT: Phase 1, East Winnetka Demolitions Our File No. 34 -Gen E04 -02 The Phase 1 demolitions in the area of Bass Lake Road and Winnetka Avenue have been substantially completed for over a month. Issues remained with some of the work in that the restoration was never fully completed and the contractor did not submit density test demonstrating compaction of the backfill materials as is required. In conjunction with the Winnetka Green redevelopment project, the City independently completed density tests meeting the requirements of the development. Also, the Winnetka Green has obviously been disturbed eliminating the need for restoration. On this basis, we recommend that final payment be made to the Phase 1 demolition contractor and the contract be closed. We further recommend that the City not make payment for the restoration work which was not completed, and that the City withhold the amount spent on independent density tests which was originally a responsibility of the contract. If you have questions, please contact me at 651 -604 -4790. 2335 West Highway 36 • St. Paul, MN 55113 • 651 -636 -4600 • Fax: 651- 636 -1311 05 04 12:39p RJK Contracting 763-717-4607 p.2 TO: City of New Hope ADDRESS: 4401 Xylon Avenue North TOTAL$ New Hope, MN 55428 ATTN: Ken Doresky $10,887.00 $10,887.00 PHO NE # f7 — DATE: 5/5/2004 IN\/()IrF * 102304 FROM: RJK Contracting ADDRESS: 7901 Beech Street NE TOTAL$ Fridley, MN 55432 ATTN: Elizabeth Kjellberg $10,887.00 $10,887.00 [PHONE # 763-717-0334 [JOB DESCRIPTION: IDemolition Contract for Various Properties ITEM # DESCRIPTION Units UNIT PRICE TOTAL$ 1 Part 91 4317 Nevada Ave N. 1 $10,887.00 $10,887.00 2 Part #2 5400 Winnetka Ave N 1 $ 7,626.00 $ 7,626.00 3 Part #3 5500 Winnetka Ave N 1 $12,753.00 $12,753.00 4 Part # 4 5506 Winnetka Ave N 1 $17,236.00 $17,236.00 5 Part #5 7605 Bass Lake Rd. 1 $ 5,211.00 $ 5,211.00 6 Part# 6 7601 Bass Lake Rd. 1 $10,251.00 $10,251.00 7 Part #7 General Restoration 1 $ 3,555.00 $ 3,555.00- 8 Total $67,519-00 9 10 Total complete to date Parts # 1-6 90%) $57,567.60 - 0 11 Total complete to date Parts #7 q , I / 7 12 13 14 15 16 17 18 19 20 1 ITOTAL TOTAL_ $ 57,779.60 ICHANGE ORDERS DESCRIPTION Ta TOTAL TOTAL CURRENT PAYMENT DUE: $ 57,779.60 r VENDOR NAME: D.,rnnc,= Pronram Obiect Code FirSt Approval: uepariment r1eau 5 rUj (.;j1dZjtfMUL1 IVI 16.OLIVI If White Copy: Department Copy Canary Copy: Finance Copy UNIT DESCRIPTION UNITS 'PRICE EXTENDED TOTAL_ RE: SOIL TESTING AT THREE LOTS IN NEW HOPE, MN. Construction Senior Consultant 4.00 Hours 100.00 400.00 Senior Technician 3.50 Hours 55.00 192.50 Clerical/Word Processor 1.00 ­7 48.00 FirSt Approval: uepariment r1eau 5 rUj (.;j1dZjtfMUL1 IVI 16.OLIVI If White Copy: Department Copy Canary Copy: Finance Copy UNIT DESCRIPTION UNITS 'PRICE EXTENDED TOTAL_ RE: SOIL TESTING AT THREE LOTS IN NEW HOPE, MN. Construction Senior Consultant 4.00 Hours 100.00 400.00 Senior Technician 3.50 Hours 55.00 192.50 Clerical/Word Processor 1.00 Hour 48.00 48x00 Standard Proctor 2.00 Tests 90.00 180.00 Nuclear Density Guage 3.50 Hours 12.00 42.00 Dynamic Cone Penetrometer 3.00 Tests 12.00 36.00 TOTAL AMOUNT DUE $898.50 Address Amount 4317 Nevada Ave $426.50 7601-7605 Bass Lake Road $ 472.00 PLEASE REMIT ONE COPY OF INVOICE WITH YOUR PAYMENT. A FINANCE CHARGE OF 1 1/2% PER MONTH (18% ANNUALLY) WILL BE ADDED TO ALL INVOICES UNPAID AFTER 30 DAYS 4332 Centerville Road St. Paul, MN 55127 Phone (651) 426 -7818 ® Fax (651) 426 -7966 (800) 297 -5436 NOTICE VIA CERTIFIED MAIL November 9, 2004 Laity of 'Nev✓ 1­10pe 4401 Xylon Avenue N New Hope, MN 55428 -4898 RE: Bond Filing on City of New Hope EDA Properties, New Hope, MN Dear Sir /Madam: Enclosed please find the Notice of Claim Against Bond on the above - described project. Very truly yours, cc: American Construction & Environmental Services Isanti, MN Roger James Kjellberg d /b /a RJK Contracting Fridley, MN Granite RE, Inc. Oklahoma City, OK NOTICE OF CLAIM ON PAYMENT BOND FOR PUBLIC WORK Date: November 9, 2004 To Owner, Surety and General Contractor: City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 -4898 Granite RE, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 -0000 Roger James Kjellberg d/b /a RJK Contracting 7901 Beech Street NE Fridley, MN 55432 -0000 NOTICEIS HEREBY GIVENthat the undersigned claimant has a claim against the above named surety for labor and materials furnished by the undersigned for the public work described as follows: commonly described as City of New Hope EDA Properties, New Hope, MN Description: Demolition and removal of Foundation and Other Site Features on various City /EDA Properties Bond Number: GRMN22109A The labor and materials were furnished under a contract or agreement with Roger James Kjellberg "la RJK Contracting. The nature of the labor and materials furnished is as follows: asbestos removal from houses The amount of the claim is Twenty Nine Thousand One Hundred Dollars, ($29,100.00). The date the claimant last furnished labor and materials to this public work is the 15th day of August, 2004. The name and mailing address of the bond claimant is as follows: American Construction & Environmental Services 25669 University Avenue, NE Isanti, MN 55040 -0000 Claimant seeks payment of the claim according to the law. AMERICAN CONSTRUCTION & ENVIRONMENTAL SERVICES By and through its authorized agent, LIEN GUARANTY INCORPORATED By its agent: Abbey L. H*on/ STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) Abbey L. Hudson being duly sworn on oath says that he /she is an agent for the claimant named above and has knowledge of the claim and that the claim is correct, and to the best of his /her knowledge no part of the claim has been paid. ''nn V� Abbey L. son THIS INSTRUMENT WAS DRAFTED BY: 4332 Centerville Road St. Paid, MN 55127 6511426 -7818 SUBSCRIBED AND SWORN TO before me this 9th of November, 2004. C.l Notary Public for the State of Minnesota My commission expires: 2� -- > JON A OF !`1ANDE NOTARY PtBlh .:; , OT, WASFIIN f7C, C L'NT f r fIyConw.. isr r Nr� �f Jenusry