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Please see # for remaining j 1 corresNu iuc �� REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 5 -24 -04 Consent Item No. F By: Ken Doresky, Community 6.6 Development Specialist By: RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO VEIT & CO. IN THE LOW BID AMOUNT OF $103,068.79 (IMPROVEMENT PROJECT FILE 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768) REQUESTED ACTION Staff recommends Council approval of the attached resolution awarding a contract to Veit & Co. in the low bid amount of $103,068.79 for demolition of 14 properties required for the Winnetka Green development. POLICY /PAST PRACTICE For contract exceeding $50,000, staff solicits sealed bids per State of Minnesota requirements. In the past, Veit & Co. has completed work for the city in a responsible manner. BACKGROUND The city currently owns 10 of the 14 properties. Staff expects that all of the subject properties will be in the city's possession by July 31, 2004. Although the demolition bid includes four properties that are not owned by the city, those properties will not be demolished until the city completes acquisition. It is likely that demolition of the remaining four properties will not take place until August 2004. This timeline conforms to the development agreement with Ryland Homes. The four remaining properties are included in Phase 2 of the Winnetka Green development which is not expected to begin until September 2004. On April 12, 2004, the Council passed a motion approving plans and specifications and authorizing advertisement for bids for demolition of the subject properties. Environmental hazards such as asbestos were bid as unit costs and will be removed on an as- needed basis per the environmental hazard surveys. The demolition contractor has indicated that they plan to work with a house mover to move four of the homes to locations outside of the city. In the past, specifications were designed to comprehensively evaluate each site and combine the subject sites with other adjacent city owned properties into a maintainable park -like condition. Due to the timing, associated cost and proposed development grading plans, the specifications did not include that provision. On May 13 a bid opening was held and Veit & Co. submitted the low bid of $103,068.79. Attached, please find a list of the bids. Below, please find a list of the properties: MOTION BY SECOND BY tazl 1 1 -) I: \RFA \PLANNING \Housin \East Winnetka Redevelopment \Q &R — Demolition Contract Award Phase 2.doc O a ngstrom Analytical, Inc. n City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 May 10, 2004 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 l Re:- Property located at 5538 Sumter Ave N, New Hope, MN. Dear Ken: Further to our visit to the above referenced property on May 5th 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that of the building materials tested no asbestos was detected. The ceiling texture in the kitchen and living room contains less than 1% asbestos. Building materials containing less than 1 % asbestos are not considered to be an asbestos containing material per applicable regulations. No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report relates only to the residential structure located at 5538 Sumter Ave N in New Hope, MN. 39 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of this survey approximately 1 thermostat (possible mercury containing switch), 2 smoke alarms, 1 A/C unit, 1 furnace, 1 water heater, and 10 fluorescent lights with associated ballasts, plus 1 ice machine were noted. From the asbestos stand point the structure is ready to be demolished. If category 1 non- friable materials are allowed to be left in place for the demolition, the landfill must be made aware that the demolition debris will contain (minimal amounts of) category 1 non - friable asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). Note, this survey is not a bidding document or a scope of work. If you have any questions, please call me at the number above. Thank you. Sincerely, Steve Wallinga Angstrom Analytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road • St. Louis Park, MN 55416 Office: (952) 252 -0405 • FAX: (952) 252 -0407 n strum Analytical & Environmental Services Building Name: 5338 Sumter Avenue North PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample New Hope, Minnesota submitted for analysis Survey Date: May 5 th 2004 PD = potential for damage TREM = Tremolite NS = material not sampled N = little or no damage CHR = Chrysotile NAC = material not accessible Project No. City of New Hope D = moderate damage AM = Amosite < = less than value specified Attn: Ken Doresky SD = significant damage CROC = Crocidolite x = These samples were not analyzed. These results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinolite New Hope, Minnesota 55428 SF = square foot ANTH = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating Kitchen/Living Rm. Ceiling Texture 1 -3 CHR <1 400 -435 SF N PD 0 Kitchen 12x12 Floor Tile 4 -6 ND - 150 -160 SF N PD 0 Laundry Rm. 12x12 Floor Tile —white 7 -9 ND - 25 -30 SF N PD 0 " 12x12 Floor Tile —gold 10 -12 ND - 25 -30 SF N PD 0 " 1x1 Ceiling Tile 13 -15 ND - 55 -60 SF N PD 0 " Ceiling Tile Adhesive 16 -18 ND - 55 -6 SF N PD 0 Hallway Wall Board 19 -21 ND - 100 -120 SF N PD 0 East Bedroom Ceiling Texture 22 -24 ND - 150 -160 SF N PD 0 Bathroom 12x12 Floor Tile —white 25 -27 ND - 50 -60 SF N PD 0 " 12x12 Floor Tile — bottom layer 28 -30 ND - 50 -60 SF N PD 0 West Bedroom 1x1 Ceiling Tile 31 -33 ND - 100 -120 SF N PD 0 Exterior Roof Shi ngles 34 -36 ND - 1200 -1500 SF N PD 0 Attic Insulation 37 -39 ND - 1000 -1200 SF N PD 0 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Page 1 v � �ngstrorn Analytical, Y o V, . Inca 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 ANALYSIS OF BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT MICROSCOPY (PLM) for: City of New Hope Attn: Ken Dorsky 4401 Xylon Avenue North New Hope, MN 55428 -4898 Job or reference: umber of samples: 5338 Sumter Ave N 39 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim Method #600/M4 -82 -020 (polarized light microscopy with optional dispersion staining). The method defines an asbestos- containing material as one that contains greater than 1 asbestos by weight, and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non -fibrous forms of minerals are discernible macroscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >I0; non fibrous amphiboles are generally those whose mean aspect ratios are approximately <6 During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non - fibrous categories. That non fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non-fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used. PERCENTAGE REPORTING The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from comparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50 %. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point- counted, according to the EPA Interim Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more than one apparent type of material or layer, the percentage of each , fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested and may not, due to the sampling process, be representative of the material sampled. - - -- -' - -- -- ------------ - - - - -- ---------------------------------------- - - - - -- -Date: May 10, 2004 Steve Wallinga, Angstrom Analytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Analytical An g strom An aiytical 5001 Cedar Lake Road St. Louis Park, Mn 55416 •'i • CLIENT Project Location Results Via �-, Data Entry Approved B City of New Hope ° tSNl w N Report Project# �✓' l tr Analyst CLIENT ADDRESS Client/Receiving # Attn: Ken Doreskey,� - a Date Recd '. � Analyzed 4401 Xylon Ave N r Assigned /Lab # New Hope, MN 55428 -4898 Date Mailed Phoned 763 -531 -5137 Fax # 763 - 531 -5136 �{ j Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 s AA/PLM /1 • CLIENT Project Location Results Via c-"" ! ' `�T ` Data Entry Approved B City of New Hope V .5U` . UC� , __ 533V Report Project # Analyst CLIENT ADDRESS Client/Receiving # Attn: Ken Doreskey _ Date Rec'd 5 ° ' °� Analyzed 4401 Xylon Ave N Assigned /Lab # New Hope, MN 55428 -4898 Date Mailed Phoned 763 - 531 -5137 Fax # 763 - 531 -5136 0T — &S ' Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM /1 CLIENT Project Location Results Via Data Entry Approved City of New Hope 63M + e� — A\fe M, Report , y�ir Project # Analyst Date Rec'd °`�" Analyzed Date Mailed Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 55428 -4898 Client/Receiving # Assigned /Lab # 763- 531 -5137 Fax # 763- 531 -5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM /1 A A CLIENT Project Location Results Via proved B Data Entry App roved City of New Hope Ms -Xim�cOc Report 7 Project # Analyst. X CLIENT ADDRESS Client/Receiving # Attn: Ken Doreskey LO DateRec'd l Analyzed 4401 Xylon Ave N Assigned/Lab # 7 New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 0 + —0'� Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 Analytical Ar% Agstrom Analytical 5001 Cedar Lake Road St. Louis Park, Mn 55416 A CLIENT City of New Hope Project Location io) r Results Via R eport Data Entry Project# OW' Date Rec'd Date Mailed Approved By Analyst Analyzed Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 554284898 763-531-5137 Fax # 763-531-5136 Client/Receiving # -7 3 -35 Assigned/Lab # 04- -0.j Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 o � Q � \ U ngstrom Analytical, 0 Inca 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: - Limited Scope Lead -Based Paint Testing Report This report provides the results of a limited scope lead -based paint testing conducted on May 5, 2004 at 5538 Sumter Avenue North in New Hope, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect deteriorating lead -based paint by using a field portable x -ray fluorescence (XRF) analyzer, and to collect and analyze paint chip samples, as necessary, to achieve conclusive results. Results Results of XRF and laboratory analysis are summarized in the following report, which lists all components exceeding Department of Housing and Urban Development (HUD) thresholds (see remarks) for lead -based paint. Complete XRF field data showing all samples results are attached. Methodology Testing was accomplished using a Niton XL -309 (300 Series). This instrument is a portable, non - destructive, in -situ testing and measurement instrument that renders an average precision of +/- 0.3 milligrams per square centimeter (mg /cm depending upon the length of time the sample point is tested. Specific precision limits are established by the National Institute of Standards and Technology (NISI). This instrument contains a radioactive isotope, Cadmium -109, with a maximum activity of 10 m Ci. The manufacturer of the sealed source is Niton Corporation, the source model is XFB3205. This instrument is registered with the Minnesota Department of Health and is operated by licensed lead inspectors. Sampling protocols recommended in HUD's "Lead -Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing." May 1991 revision, were used to determine the presence or absence of lead -based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Remarks The Lead -Based Paint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead -based paint hazards equal to or greater than 1.0 mg /cm or 0.5 percent by weight must be abated. Standards for private or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need further assistance, please call Charles Tye at the number above. Sincerely, i Steve Wallinga Angstrom Analytical, Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Summary of Findings Lead -Based Paint Screening by XRF The scope of our services was limited to the detection of lead -based paint through the use of a portable XRF at 5538 Sumter Avenue North in New Hope, Minnesota. All measurements are mg /cm2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Location & Material Results Condition Exterior 1) White Window Trim 0.0 Fair 2) White Wood Fasia 0.0 Poor 3) White Wood Soffit 0.0 Fair 4) White Wood Spindle 0.0 Poor 5) White Wood door Trim 0.0 Fair 6) White Garage Door Jamb 0.0 Fair 7) White Garage Door Trim 0.0 Fair 8) Brown Wood Facia 0.0 Poor 9) White Shed Door 0.0 Fair 10) White Shed Facia 0.0 Poor Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Location & Material Results Condition 11) White Shed Siding 0.0 Fair Living Room 12) Varnished Wood Door 0.0 Poor 13) Varnished Wood Door Trim 0.0 Fair Bedroom 14) Varnished Window Trim 0.0 Fair 15) Varnished Storm Window Sash 0.0 Poor 16) White Wall 0.0 Fair 17) White Ceiling 0.0 Fair { �� � >M,L, '963 - 5'31 0 4 0 7 cL,41 612 - 214z - ' 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 © 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 Februa 2004 , by and between 2 Tohn F Dor nd D bo h R Dor [marital status] husband and wife 3 of [seller's address) 18 S imt r Av n Nnrth, New Hn a jinn .cots 55428 SELLER, and 4 the Economic Develoment Authority ("EDA") in and for the City afh1et1 _finne p(p( jQ is gpp/�g (�pg� g gg g � q 5XVa [buyers address] 4401 Xylon Avenue North New Hope Minnesota 55499 BUYER. 6 7 2. OFFERIACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: 8 cFF FXHiBIT A ATTA('HFn HFRFTO 9 _ 10 11 [Property Tax Identification Number or Tax Parcel Number 05 ] 12 13 located at __ 5538 Sum= Avenu North City of New Hoge, 14 County of Hennepin State ofMinnesota, Zip Code 55428 15 16 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.J 0 Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 31 32 S. PRICE AND TERMS. The price for the real and personal property included in this sale is 33 One 14 mdmd Fjgbi)-Five Thousand and 00/100 Dollars _ 34 Dollars ($ i 85,000.00 ), which Buyer shall pay as follows: 35 36 Earnest money of $ 0.00 by [SXWX XK®K, XMXE - state which] payable to 37 [select one.] 38 Seller, to be deposited and held by Seller (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 Other [describe how the earnest money will be held] 42 - 43 receipt of which is hereby acknowledged and $ 1 R5,000 00 cash, on 2004 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; 51 D. Utility and drainage easements which do not interfere with existing improvements; 52 E. Exceptions to tifie 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 / XW_X=®CK90NGM0E*W)0F 58 TKQXKXXWAXXSXAMOMIE KIGGDEXSLXXDWE)&X (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, XNW, Ki!(OK 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 closing 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 S as Seller's share of such taxes. 67 66 [Strike one:) 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:J BUVXK X K.XXX76ffi7=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:J BUWXKX K*XXXZMMX / 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: 78 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.] RIKOFAMl`bNdXKIIW X / SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 83 Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. 84 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 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 105 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 S. 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, Seller does not plan to have the property inspected. E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below), or Buyer and Seiler may waive the written disclosure requirements [see (3) below]. Minnesota Statutes Section 513.57, Subd. 2. LIABILITY.A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property. Select only one of these three. (1) Setter'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 I 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. M (3) Waiver of Disclosure. 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 Buyer waive the w disclosure required under sections 513.52 to 513.60. SELLE R;— BUYER:_ i % — J . Dore W. r Enck, Presid t, New Ho e EDA �.� SELLER BUYE •- Deborah R. Dore aniel J. Do tie, Executive Director, New Hope EDA 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 180 to a breach of the covenants. Seller 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 1Ee 13. POSSESSION, Seller shall deliver possession of the property not later than the date of _ closing. 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 .thaA= -Of ctnsing.. -. 186 189 14. EXAMINATION OF TITLE. To demonstrate that Seller's title is good and marketable of record, within a reasonable time after acceptance of this 190 Purchase Agreement, Seiler shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering 191 bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall 192 have ten 110) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's lawyer examine the title and provide 193 Seller with written objections or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have 194 ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall 195 be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant 196 to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a 197 good and marketable title of record from Seller. 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 closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein 203 and the closing shalt 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 tifle objections, the closing shall take place 206 within ten (10) business days or on the scheduled closing 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, 208 Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and 200 earnest money shall be refunded to Buyer. 210 C. If Seiler does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made 211 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 212 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 213 9 la wye r 's P Y ( sub O (a) Seek dama costs, and reasonable la er's fees from Seller as p b law dame es under this sub era ra a shalt be 21a 215 limited to the cost of curing objections to titre, and consequential damages are excluded); or 216 (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, 219 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 dawn payment note, and may be presented for payment notwithstanding cancellation; 225 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. 225 E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 227 1. Seek damages from Seller including costs and reasonable lawyer's fees; 228 2. Seek specific performance within six months after such tight of action arises. 229 16. NOTICES. All notices required herein shall be in wrifing 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, Seller shall pay all subdivision expenses and 233 obtain all necessary governmental approvals. Seiler 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 [ChZI either A or B:J 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 [Check 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 one:J 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 following:] 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 Z 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 if the following provision � ADDENDUM applies to this Purchase Agreement:[ 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 264 265 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 11 8-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. 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 (State otheriocation.1 New Hope Cily Hall, 4401_Xylon Avenue North, New Hone Minnesota 55429 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: * 14 FXAMYNATION OF TITLE, Buyer shall obtain, at Seller's expense a Comm itmentfor an Owne Policy of Title Insurance on a current AI TA form issued by an insurer IicenSed to write title insurance in Minnesota _. Seiler shall be responsible for payment of those cog- necessary to prepare s .to period above, except that &s shall not nnerate as a waiver of Sellers covenant to deliver A_statutOry. Warranty Deed, unless a Warranty Deed is not specified above. if Ruy-e ObSains tai le iawmnccf Buyer is_not. waiting the right to obtain a good and mar ble title ofrecord from Keller. 26. ADDENDA. Attached are 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 set forth above. SELLER J E. Dore (date) SS SELLER De or o R. e (date) SSN: I agree to purchase the property for the price and terms and conditions s`e�tt ffo ab�ov BUYER: W. Peter Enck, President (date) New Hope BUYER Darnel J. onah Executive Director (date) New Hope EDA Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 241 Brooklyn Park, Minnesota 55443 Telephone: (763) 424 -8811 Facsimile: (763) 493 -5193 This Purchase Agreement was prepared by: Others who will assist Seller or Buyer with this transaction: Lawyer For Buyer Telephone: Facsimile: Steven A. Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook 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 you la 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 Lender's Title Insurer. Telephone: Facsimile: Old Republic National Title Insurance Company (612) 371 -1111 400 Second Avenue South Minneapolis, Minnesota 55401 Schedule "A" Legal Description That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39, thence East along the North line of said Lot, 200 feet; thence South and parallel with the West line of said Lot, 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot, 210 feet; thence South and parallel with the West line of said Lot, 100 feet; thence West and parallel with the North line of said Lot, 210 feet; thence North and parallel with the West line of said Lot, 100 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller /Davis Co. ® St. Paul, MN 651 -642 -1988 Date Page Addendum to Purchase Agreement between parties dated February 1 2004, pertaining to the purchase and sale of the property at 553 8 Sumter Avenue North, New Hope, Minnesota 5 5 4 2R. 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. A risk assessment or inspection forpossible lead- basedpaint hazards is recommended prior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or Iead -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 Iead -based paint hazards in the housing (list documents below). El 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 L'icensee's Acknowledgment (initial) N/A (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 best of their knowledge, that the information provided by the signato is 3 d accurate. �o John E. , p Seller " Date A -Q _Q-� Deborah R. Dore Seller Date ,W#e$ — ' 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 W. Peter Erick, President, New Hope EDA Purchaser Date Daniel J. Donahue, Executive Director, New Hope EDA� Purchaser Date Real Estate Licensee Date Real Estate Licensee Date 'on H: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is checkey contract is contingent upon a risk assessment or an inspection of the property for the presence of lead -b t and/or lead -b2 ll -rai$ hazards to be conducted at the purchaser's expense. The assessment or inspection shall eted within ten (10)/ _ days after acceptance of the Purchase Agreement. This conting� e deemed removed, and the ihe_FAvi* A&FPC tit sha 11 force and effect, unless purchaser or real a ensee assisting or acting on behalf of purchaser delivers to seller or real es ee assisting or acting on b seller within three (3) calendar days after the assessment or inspection is timely completed a wn f the eficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If the chaser have not agreed in writing within three (3) calendar days after delivery of the written list of requir coons that: (A) so of the required corrections will be made; or (B) the purchaser waives the deficienci an adjustment to the purchase pncs`b1�1L3 �m_ade, the Purchase Agreement shall automatically be deemed void, and all earnest money shall be refunded to the�lt��. It is understood that the purchaser may u ' y waive deficiencies or defects, or remove this contingency, providing that aser or the real estate li assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or actin alf of of the waiver or removal in writing within the time specified. =:SALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. b St. Paul, MN 651 -642 -1988 �1�/OCS Form 1519WD (Rev. 10/03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. © 2003, Minnesota Association of REALTORS®, Edina, MN 1. Date 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, Seller 5. must disclose information in writing to the Buyer about the status and location of all known wells on the property. This 6. requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller does not know of 7. any wells on the property, or a disclosure statement indicating the legal description and county, and a map showing 8. the location of each well. In the disclosure statement the Seller must indicate, for each well, whether the well is in 9. use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails to 11. disclose the existence or known status of a well at the time of sale and knew or had reason to know of the existence 12. or known status of the well, is liable to the Buyer for costs relating to sealing of the well and reasonable attorney fees 13. for collection of costs from the Seller, if the action is commenced within six years after the date the Buyer closed the 14. purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact the 16. local unit(s) of government, state agency, or qualified professional which regulates wells for further information about 17. these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 553R qu Avenu North, New Hone 55428 He nnepin -_ City Zip County 21. LEGAL DESCRIPTION: SF.)XHiRIT A ATTACHED HERETO 22. 23. 24. 25. WELL DISCLOSURE STATEMENT 26. (Check the appropriate box.) 27. r � The Seller certifies that the Seller does not know of any wells on the above described real property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. ® The Seller certifies that the following wells are located on the above described property. 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31. Well No. Depth Const. Type USE 32. Well = _ El 33. Well = _ El 34. Well _ El _ _ 35. NOTE: See definition of terms "IN USE;' "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: Test results attached? Yes[ No= 41. Comments: 42, Contaminated Well: Is there a well on or serving the property containing contaminated water? Yes= No= 43. SEALED WELL INFORMATION 44. For each well designated as sealed above, complete this section. 45. When was the well sealed? 46. Who sealed the well? 47. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes= No= 48. MAP 49. Complete the attached MAP showing the location of each well on the real property. 50. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any 51. party /ies in this transaction, and is not a substitute for any inspections or warranties the party /ies may wish to obtain. 52. CERTIFICATION BY SELLER 53. 1 certify that th for t n provided above is accurate and m fete to the best of my knowledge. 54. �- "- _ John 106re Debor ore (Seller or Designated Representative) (Date) (Seller or Designated Representative) (Date) 55. BUYER'S AGENT W. Peter Erick, President, New Hope EDA Daniel J. Donahue, Executive Director, New Hope E A (Buyer) (Date) (Buyer) (Date) 57. MN -WDS -1 (10/03) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. WELL DISCLOSURE STATEMENT 58. Page 2 of _ Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the 62. excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. MINNESOTA UNIQUE WELL NUMBER 64. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by 65. the person constructing the well. If the well was constructed after this date you should have the unique well number in 66. your property records. If you are unable to locate your unique well number and the well was constructed AFTER 67. January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and 68. year of construction for each well. 69. WELL TYPE 70. Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples of 72. water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 74. diameter wells connected to a large pressure distribution system. 75. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is typically 76. used to access groundwater for the extraction of samples. 77. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or 78. use of underground spaces. 79. INDUSTRIAL/COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 80. groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). 81. WELL USE STATUS 82. Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well 84. that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not been 86. sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is 'capped" if it has a metal 89. or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A 90. 'capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, 92. check the well status as not in use. 93. If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 94. 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). 95. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Schedule "A" Legal Description That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39, thence East along the North line of said Lot, 200 feet; thence South and parallel with the West line of said Lot, 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot, 210 feet; thence South and parallel with the West line of said Lot, 100 feet; thence West and parallel with the North line of said Lot, 210 feet; thence North and parallel with the West line of said Lot, 100 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller/Davis Co. ® St Paul, MN 651 -642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. i © 2002, Minnesota Association of REALTORS0, Edina, MN 1. Date 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 5. in the City of New Hone County 6. attached sheet (the "Property ") SEE EXHIBIT 7. 8. This disclosure is not a warranty of any kind b 9. transaction, and is not a substitute for any inspe( 10. BUYER(S) AND SELLER(S) MAY A 11. OF THE SEWER SYSTEM AND TO PR( 12• BUYER(S) AND SELLER(S) 13. SELLER'S INFORMATION: The following Sell( 14. following information with the knowledge that ev 15. in deciding whether and on what terms to purcK 16. in this transaction to provide a copy of this state IT the Property. 18. Unless the Buyer and Seller agree to the Conti 19. existence or known status of an individual sewal 20. the existence or known status of the system, is 21. individual sewage treatment system rules and fo 22. this subdivision must be commenced within two 21 where the system is located. -- --- ...----- -- of Hennepi State of Minnecota ._ , legally described as follows or A ATTAOHRD HFRFTO the Seiler(s) or any Licensee(s) representing or assisting any Party(s) in this lions or warranties the Party(s) may wish to obtain. SH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS VIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN WITH RESPECT TO ANY ADVICEANSPECTION /DEFECTS. r disclosure satisfies MN. Statutes Chapter 115.55. The Seller discloses the �n though this is not a warranty, prospective Buyers may rely on this information Be the Property. The Seller(s) authorizes any Agent(s) representing any party(s) nent to any person or entity in connection with any actual or anticipated sale of ry in writing before the closing of the sale, a Seller who fails to disclose the a treatment system at the time of sale, and who knew or had reason to know of able to the Buyer for.costs relating to bringing the system into compliance with reasonable attorney fees for collection of costs from the Seller. An action under ears after the date on which the Buyer closed the purchase of the real property 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 govemm'ent, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about th!ase issues. 27. The following are representations made by the Seller(s) to the extent of the Seiler(s) actual knowledge. This information is a 28. disclosure and is not intended to be part of any contract between the Buyer and Seller. 29. PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. F The Seiler certifies that the Seller does not know of any private sewer system on or serving the above described real 31. property. (If this option is checked, then skip to the last line and sign and date this statement.) 32. ❑ The Seller certifies that the following private 33. TYPE (Check appropriate box(es) and indicate h 34. Septic Tank: ❑ with drain field 35. Sealed System (holding tank) 36. LJ Other (Describe): 37. Is the sewer system(s) currently in use? Yes - 38. NOTE: If any water use appliance, bedroom 39. comply with applicable sewage treatment law 40. is the sewer system(s) in compliance with appiia 41. When was the sewer system installed? 42. No __ Ir bathroom has been added to the Property, the system may no longer and rules. sewage treatment system laws and rules? Yes- No Installer Name /Phone: 43. Where is tank located? 44. What is tank size? When was the tank last pumped? 45. Where is the drain field located? 46. What is the drain field size? 47. Describe work performed to the system since you 48. How often is tank pumped? _ . .. _ owned the Property: 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? i 52. Comments: 53. On this 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: i 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. rer system is on or serving the above described real property. on on attached MAP) ❑ with mound system ❑ seepage tank ❑ with open end 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. 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. 11 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. (Seller) John E. Dore (Date) (Seller) Deborah R Dore (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no representation 69. regarding the condition of the Private Sewer System have been made, other than those made above. LISTING BROKER AND 70. LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEWER I ST M. ` 72. 3 Q v2�'� (Buyer) W. Peter EncK Prestd (Date) uyer)Daniel onahue, Executive D ector t (Date) New Hope EDA New Hope EDA 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, I/We, the Seller(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have been 76. initialed and dated. 77. l! C tC /" LU — � (saner) E. Dore (Date) (Seller) Deborah R. Dore (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Schedule "A" Legal Description That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39, thence East along the North line of said Lot, 200 feet; thence South and parallel with the West line of said Lot, 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot, 210 feet; thence South and parallel with the West line of said Lot, 100 feet; thence West and parallel with the North line of said Lot, 210 feet; thence North and parallel with the West line of said Lot, 100 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller/Davis Co. ® St. Paul, MN 651542 -1988 I%V#eS"" Form 1519 MAP (Rev. 7194) PRIVATE SEWER SYSTEM AND /OR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. Date _ Page 1 of Pages 2. Please use the space below to sketch the real property being sold and the location of each _ SEWER SYSTEM _ WELL on the Property. (check all that apply) 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4- Property located at: 5538 Sumter Avenue North New Hone Minnesota 55428 5. ATTACH ADDITIONAL SHEETS AS NEEDED 6. Seiler and Buyer Initial: Seller(s) Buyer(s) 7. MN -PSSWM (7194) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. FXHTRTT R ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 5538 SUMTER AVENUE NORTH Seller acknowledges that they shall be responsible for payment of the State Deed Tax due on the sale of the above property, as well as the cost of securing a title commitment as set forth in the Purchase Agreement. Buyer will be responsible for all other closing costs, specifically including all recording costs and all costs to seal the water well on the property. Buyer acknowledges that relocation assistance benefits will be paid to the Seller, as required by law, and the differential payment on the purchase of a replacement property resulting from the sale of the subject property shall be reduced to the sum of $9,700.00. Dated: February , 2004. Dated: February , 2004. Dated: February , 2004. Dated: February , 2004. THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE 1 By: W. Peter Enck Its: President By y4v X b _ a _ n � i e e / iJ. Donahue Its: Executive Director P: \Attomey \JLB \1- Client Folders \CNH \CNH99.11306 -00I-Exhibit B.doc CLOSING STATEMENT (99.11306) 765 DATE: February 24, 2004 PROPERTY ADDRESS: 5538 Sumter Avenue North New Hope, Minnesota 55428 SELLER: John E. Dore Deborah R. Dore PURCHASER: The Economic Development Authority in and for the City of New Hope TIN: 41- 6008870 TERMS: Total Purchase Price: Earnest Money: $0.00 Cash at Closing: $185,000.00 $185,000.00 $185,000.00 $185,000.00 Mortgage Payoff (Citi Mortgage, Inc.): Mortgage Payoff (TCF Mortgage): State Deed Tax: *Real Estate Tax Adjustment: Unpaid Special Assessments Escrow Deposit - Access Agreement: $7,669.89 $4,896.30 $629.00 $241.65 $929.04 $1,000.00 $15,365.88 PURCHASER'S COSTS: Conservation Fee: Recording Fee for Warranty Deed with Duplicate. Recording Fee for Well Disclosure Certificate: Certificate of Title: Credit Re: R eal Estate Taxes: Credit Re: Special Assessments: $5.00 $21.00 $30.00 $15.00 $(241.65) $(929.04) $(1,099.69) CASH RECEIVED: Cash at Closing: Purchaser's Costs: $185,000.00 $(1,099.69) $183,900.31 DISBURSEMENTS: Citi Mortgage, Inc.: TCF Mortgage: Hennepin County Treasurer (Deed Tax): Hennepin County Registrar of Titles: John E. Dore and Deborah R. Dore Escrow Deposit - Access Agreement: $7,669.89 $4,896.30 $629.00 $71.00 $169,634.12 $1,000.00 $183,900.31 Real Estate Tax Ad'dstment Seller's Obligation: 55/366ths Base Tax for 2004: $241.65 Purchaser's Obligation: 311/366`" Base Tax for 2004: $1,366.37 TOTAL $1,608.02 SELLERS: M . PURCHASER: THE ECONOMIC DEVELOPMENT AUTHORITY E. Dore IN AND FOR THE CITY OF NEW HOPE By: (� Deborah R. Dore Its: T P:\Attomey\JLB \I- Client Folders \CNH \99 .11306 \CNH99.11306 - 006 - Closing Stmt.dw From -CITY OF NEW HOPE 7635315136 T -043 P.003/004 F -423 Your Proposed Property Tax for 2004 Important information is printed on the hack of this form. JOHN E DORE 5538 SUMTER AVE N NEW HOPE MN 55428 -3708 2002 TAXABLE MARKET VALUE FOR 2003 TAXES: 2003 TAXABLE MARKET VALUE FOR 2004 TAXES: Property ID'NO: 05- 118-21 33 0024 5538 SUMTER AVE N 106,800 HOMESTEAD 119,'600 HOMESTEAD The taxable market values for property tax payable in 2004 was sent to you in the spring of 2003. The period to discuss possible changes has passed and changes can no longer be made to your property valuation. It is included here for your information only. (�) (2) Actual 2003 Proposed 2004 , Percent of Change Property Tax . Property Tax TOTAL exciudrng spacrat as'sess menis $ 61 , 608. 0 2 1 4.356 Addresses for Correspondence Hennepin County A2400 Govornment Center Minneapolis MN 55487 612 -348 -3011 City of NEW HOPE New Hope City Hall 4401 Xylon Ave N Now Hope MN 55428 763 - 531 -5100 STATE GENERAL TAX School District 281 Voter Approved Lovy: Other Local Lovins: School District Total Education Se r YSCo Center 4148 Winnetka Ave N Now Hope MN 55427 763- 504 -8000 Metro special Taxing Dist. Metropolitan Council 230 Fifth St East St Paul MN 55101 631 -6D2 -1374 Other Spec. Taxing Dist: Fiscal Disparity Tax: Tax Increment Tax: Solid Waste Mgmt Fen: t442.91 #431.96 t196.10 *253.00 4449.10 133.16 *29.99 Budget Hearing Oates Times & Locations #481.23 Dec 4, 2003 5:30 PM Commissioner Board Room A2400 Government Center Minneapolis MN 55487 5492.98 Dec 1, 2003 7:00 PM Council Chambers New Hope City Hall 4401 Xylon Ave N Now Hope MN 55428 #203.06 *339.28 6542.34 No meeting required Dec 2, 2003 7:00 PM Education Service Center 4148 Winnetka Ave N Now Hope MH 55427 Dec 3, 2003 6:00 PM 135.09 Metropolitan Council Moors Park Centre 230 Fifth St East St Paul MN 55101 433.83 No meeting required Me meeting requirod No meeting required 022.55 Not applicable This is Not .a Bill • Do Not Pay *20.28 SP88IAL ASSESSMENT SfMCH SUKWY AS OF: 02/18/2004 PROPERTY ID: 05.118 - 21.33.0024 S /A4 ASSESSHENT DESCHIPT. YEAR TM RAZE TOTAL M".PRIti. PAYOFF CD 013683 1995 STREET IMP It 1997 15 8.0000 1990.80 132.72 929.04 -- -• SUMHARY OF LEVIED 1 132,72 929.04 7D��� " "•" 2004 P61 CERT. 2t 7.66 - • - - SUMHARY Of OFFER, o�Z/ 7, E7 - -•- SUMHARY Of CLOSED -00 -• - - -- SUMHARY Of HISTOR 0.00 •• -• -- FUTURE ESTIMATE 0.00 -• - -•- PENDING ES11MA1L 0100 4 g Press EWTER: or f1 F4 f5. F7 F8 pay l/M O N CD 1 N A n u: 1 --1 0 -n m m 0 m m F.Ir T 0 N m O O W 'll C7/ c:) C3 SPECIAL ASSESSMENT SEARCH SLE4F.ARY A AS OF 02118/2004 PROPERLY 11) LOT BLOCK ADDITION 05-118-21-33-004 039 GOO 52224 ADDITION NAME/LEGAL AUDITOR'S SUBDIVISION NO. 2243 S 100 FT or N 200 F7 OF THE E 210 Fl OF W 410 F1 PROPERTY ADDRESS UNIT .... •SPECIAL FUkr.S ------- 5538 SUMTER AVE 14 NEW HOPE HN 55429- N N p N N m N " Ff N Press ENTER: or Fl, f4, F5. F7, re pirm, iw a 0 E3 I rn ca cn rn N- O 02/24/2004 P7:33 FAX 6513128802 TCF OPERATIONS F 0 V ' NM 2-19-04 Jensen & Sondrall PA 8525 Edinbrook Crossing Brooklyn Park, MN 55443 Attn: Janet RE Account# 099-012-0139691 Property: 55 38 Sumter Ave N New Hope, MN 55428 Name: John Dore Deborah Dore The amount necessary to pay off the above account is $4,896.30. We must receive the payoff check on or before 3-4-04. Mail the payoff check to TCF National Bank 101 E 5�' Street, Suite 101 St- Paul, MN 55101 Attn: Consumer Payoffs If the payoff will be delayed, fax your request for an updated payoff figure to: 651.312- 8802 or mail it to: TCF National Bank Attention: Payoff Quotes, 101 E. 50i S treet, Suite 101, St, Paul, MN 55101. Sincerely, Denise Traylor i6001/001 Please fax or send a request for an updated, payoff figure if needed. (r2/18/2004 12:40PM CITIMORTGAGE, INC. FAX: 763 - 493 -5193 JENSEN _SONDRELL ATTNYS JANET BURKE TEL: 763- 424 -8811 PAGE 1 OF 2 STATEMENT DATE .; 1 I VW4110L, JOHNEDWAR DORE DEBORAH R DORE 5538 SUMTER AVE N NEW HOPE, MN 55428 -3708 538 SUMTER AVE N NEW HOPE, MN 55428 FHA CASE# 2711589308203 IMPORTANT.- PLEASE REFER TO THE REVERSE SIDE OF THIS STATEMENT FOR IMPORTANT INFORMATION. THIS PAYOFF AMOUNT IS GOOD THROUGH THE DATE SHOWN ABOVE AND MAY CHANGE DUE TO ANY ACCOUNT ACTIVITY, PLEASE CALL 1- 800 -283 -7918 TO CONFIRM THE AMOUNT PRIOR TO SENDING PAYOFF. MONTHLY MORTGAGE "MMENTS MUST BE MADE AS SCHEDULED. PLEASE SEND A COPY OF THIS STATEMENT WITH PAYOFF FUNDS. PRINCIPAL BALANCE AS OF 01/01/04 $7,551.61 INTEREST FROM 01 /01/04 TO 03/01/04 AT 8.500% 106.98 FHA PREMIUM 6.30 FAX /STATEMENT FEE 5,00 TOTAL TO PAY LOAN IN FULL $7,6 * ESCROW INTEREST: $1.78 IF THE CURRENT MONTH'S PAYMENT HAS NOT BEEN RECEIVED BY CMI ON OR BEFORE 15 DAYS AFTER THE DUE DATE, PLEASE INCLUDE A LATE FEE OF: $16.35 IN THE PAYOFF AMOUNT, ESCROW BALANCE $747.86 TYPE OF BILL NEXT DUE AMOUNT FHA INSURANCE 03 /01/04 3.15 COUNTY TAX 04/01/04 818.59 LAST TAX PAID COUNTY TAX 09/18/03 818,59 TAX AND INSURANCE PAYMENT[$) MAY BE MADE DURING THE PAYOFF STATEMENT PERIOD. WE ARE RESPONSIBLE FOR AND WILL PAY ANY TAX /INSURANCE BILLIS) WE RECEIVE BEFORE THE PAYOFF, WE WILL LOON TO THE CLOSING AGENT FOR TOTAL FUNDS IF DUPLICATE TAX PAYMENT OCCURS. THE ABOVE INFORMATION COVERS A 04-DAY PERIOD FROM 7113 STATEMENT DATE. THE MORTGAGOR, NOT CITIMORTOAGF, INC., WILL BE RESPONSIBLE FOR THEIR OWN TAX AND I18URANCE PAYMENTS AFTER PAYOFF OF THE LOAN. see REVERSE SIDE FOR WIRE INSTRUCTIONS. CLOSING AGENTS, PLEASE PROVIDE A COPY OF THIS STATEMENT TO OUR BORROWER. CALLS ARE RANDOMLY MONITORED AND RECORDED TO ENSURE QUALITY SERVICE. PLEASE INCLUDE THE FORWARDING ADDRESS FOR THE CUSTOMER WITH THE PAYOFF TO ENSURE PROPER MAILING OF ANY REFUNDS OR DOCUMENTS NAME ADDRESS CITY STATE ZIP M 725 3'01 X2/1$/2004 12:40PM CITIMORTGAGE, INC. r �7 •" � PAYOFF FUNDS )fir :6� - �v ^ ..�r'g� .f" .fi.. , .FV,• ••rg. .S' 7�'�fir +ti... ..r' ?� .F' :'�fi ^"!'6� x�.... ..�,..�. ,S� ;;':� • Payoff funds must be in the form of wire transfer, or a certified check (or attorney escrow account check in the case of a CO -OP Loan). If a personal check is received, it will be returned and additional interest will accrue. • Payoff funds will not be accepted at any Citibank branch. • Interest will continue to accrue until the date CitiMortgage, Inc. receives your payoff funds. Funds will be applied on the date of receipt unless that date falls on a non - business date. In this event funds will be applied the next business date. • For same day credit, a wire transfer should be utilized. All wires and checks must be received before 1:00 pm Central Time in order to be credited the same day as receipt. + Make certified checks payable to: CitiMortgage, Inc. • Except for the following states; AK, CA, CO, HI, OR, TX or WA Send the payoff to: CitiMortgage 5280 Corporate Drive Attn: Payoff Department MS 1010 Frederick, MD 21703 • If your property Is located in AK, CA, CO, Hl, OR, TX or WA Send the payoff to: CitiMortgage C/O Five Star Service Corporation 2710 Winona Avenue, First Floor Burbank, CA 91504 + Send CO -OP Payoff to: 5280 Corporate Drive Attn: Payoff Dept., CO -OP Processor MS 1010 Frederick, MD 21703 + For WIRE TRANSFERS: Wire to: CITIBANK DELAWARE ABA 031100209 Credit To: CitiMortgage, Inc. CitiMortgage Account# 38681139 PAYOFF CUSTOMER NAME CUSTOMER LOAM # IMPORTANT Wired Funds without the additional information shown above may be returned. When wiring funds, please send us mailing instructions for Paid Loan Documents. PAGE 2 OF 2 r IMPORTANT INFORMATION �.� .� fi ,.,,. a , ..,�:�. .x' :•.�fi; ti� . .r't' ,s' ry •fi ?"!s� .erg. .x' ^tr F • Please send a copy of the payoff statement with the payoff funds to'erwe proper handling. • The payoff statement is calculated to the Next Interest Due Date to avoid any interest shortfall. • For Conventional, VA and CO -OP loans: - The final payoff will be calculated on a per diem basis. Any additional payoff amount will be refunded after the payoff is processed. • For FHA loans, see special instructions below. • A refund will be sent to the customer's address, within 30 calendar days after payoff, for any remaining escrow funds and/or any additional payoff amount • The payoff amount may change as a result of any account activity. Please contact us at 1- 800 -283 -7918 for any update needed. • If the payoff funds received are insufficient to pay the loan In full (due to disbursements or payment reversals after the payoff statement was generated), available escrow funds will be utilized to cover the shortage. • Delinquency expenses are third -party expenses such as property inspection fees, property preservation costs, appraisal costs and attorney fees incurred by CM as a result of default. • A check returned by the bank for a stop payment insufficient funds, etc. can lead to one of the following situations: Prior to Payoff — additional funds will be required to pay loan off in full. After Payoff — the Mortgage will NOT be released until the returned check clears the bank or additional replacement funds are sent to CMI • We will forward the Paid Loan Documents following payoff. • Please include a correct forwarding address to ensure proper handling of your release of mortgage and any refund check. • In a CO -OP sale transaction, a CitiMortgage attorney must be present at the closing. Please refer to the enclosed list • We will forward CO -OP documents to the CitiMortgage attorney prior to closing. • CitiMortgage, Inc does business as Citicorp Mortgage in MT and NM. FHA We will accept your prepayment in full on the first day of the month and interest will be collected to that date. If we receive your prepayment on any day other than the fast interest will be collected to the first day of the following month. Note: To avoid paying one month of additional interest, it is to your advantage to arrange closing so that the prepayment will reach us on the first day of the month, or as close to the end of the month as possible. Under Section 203 of the National Housing Act you maybe entitled to receive a partial refund of the prepaid Mortgage Insurance Premium. When we receive the payment in full we will file a HUD 2344 Cancellation Notice with HUD, Please contact the HUD office if you have any questions about your refund. Dept. of Housing and Urban Development 451 7e Street SW Washington DC 20410 -3415 Telephone #703- 235 -8117 If you have a FHA loan that originated prior to 01101/90 or a VA loan that originated prior to 5/01/95, you have the option of deducting your escrow balance from the total payoff amount. If you are refinancing with CitiMortgage, DO NOT deduct your escrow balance from the payoff amount as the escrow balance will be transferred to your new account, Please remember that escrow disbursements will occur up to the payoff date and this will change the escrow balance. You will be responsible for any payoff shortages due to these disbursements. Arry escrow balance remainina will be refunded after oavoff. Our Customer Service Payoff Department crm answer any questions you may have ab(YM the Loan Payoff: You may reach us aft 1- 800- 283 -7918. 17 LNNK YOU FOR LETTING US SERN'E YOU. «'1; LOOK F ORUARD TO ASSISTING YOti :1GAIN'%TIII YOUR rL"TLRE. IN,' -NCM NEEDS ACCESS AGREEEMENT FOR 5538 Sumter Avenue North This Access Agreement (the "Agreement ") is dated effective the 24` day of February, 2004, and is entered into by and between John E. Dore and Deborah R. Dore, husband and wife ( "Sellers ") and the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation ( "EDA ") contemporaneously with the closing of the sale of property located at 5538 Sumter Avenue North, New Hope, Minnesota (the "Property ") from Sellers to EDA on February 24, 2004 ( "Closing Date "). WHEREAS, Sellers have not been able to fully remove their personal effects from the Property and have requested permission from the EDA for an additional two (2) weeks after the Closing Date to remove their personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the EDA, which includes the right of possession; and WHEREAS, EDA is willing to permit Sellers access to the Property following the Closing Date for a period of two (2) weeks for the limited purpose of Sellers removing their personal property from the Property according to the terms and conditions contained herein; and NOW, THEREFORE, as an accommodation to Sellers, the EDA is willing to grant a limited right of access to the property at 5538 Sumter Avenue North as specified herein: 1. EDA agrees to allow Sellers limited access to the Property following the Closing Date on February 24, 2004 for a period of two (2) weeks, terminating at 11:59 p.m. on March 9, 2004 for the limited purpose of Sellers' removal of personal property from the Property. The personal property that Sellers are entitled to remove does not include any fixtures or appliances, which shall not be removed by Sellers. p 2. Sellers have retained a key to the Property and are authorized to utilize the key; for a period terminating at 11:59 p.m. on March. 2004 for the limited purpose of accessing and removing Sellers' personal effects. 3. EDA will withhold from Sellers One Thousand and 00 /100ths Dollars ($1,000.00) of the purchase price in consideration of granting permission to Sellers to access the Property according to the terms contained herein (the "Withheld Funds "). 4. Any personal property remaining on the Property after 11:59 p.m. on March 9, 2004 will be considered abandoned by Sellers and become the property of EDA or the City of New Hope and any costs incurred by the EDA or the City of New Hope to remove and dispose of the personal property will be deducted from the Withheld Funds. ;) 0 5. The Withheld Funds will be returned to Sellers on or before March 2004, —�-- ! after any costs to remove and dispose of Sellers' abandoned personal property is determined by a` the EDA or City and paid from the Withheld Funds. y 6. This Agreement grants a contractual right of entry to Sellers and is not to be deemed in any way to create a leasehold estate. 7. Sellers shall enter upon the Property with reasonable care and without damage to the Property. 8. EDA waives all claims for trespass arising from Sellers' entry on the Property for the limited purpose of removal of personal property. 9. Any entry by Sellers for any reason other than for the limited purpose of removing personal property shall be deemed a trespass. 10. EDA or the City of New Hope will not be liable to Sellers, or Sellers' family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Sellers' entrance onto the Property to remove personal property, unless caused by the willful misconduct of the EDA or the City of New Hope. 11. Seller agrees to waive and release the EDA and City of New Hope and their employees, officials, agents and representatives of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Sellers' personal property, by reason of any and all risk and /or perils, regardless of cause or origin. 12. Sellers agrees to indemnify, defend, and hold the EDA and City of New Hope harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees for bodily injury or death or for injury to or destruction of personal property arising of and from any negligent act or omission of Sellers, or anyone directly or indirectly employed by Sellers in connection with Sellers' entry on the Property for the limited purpose of removing personal property. I n E. Dore Deborah R. Dore 2 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE STATE OF MINNESOTA SS. COUNTY OF HENNEPIN By: �== Its: C. M ✓\a�t �Q•�/1 .a�MC�R� }E_ca g !'i("" t 7 The foregoing instrument was acknowledged before me this z`t day of February, 2004, by John E. Dore and Deborah R. Dore, hush d ife. (Notary Public Seal) _ STEVEN A SONDRALL NUM PWW- MINNESOTA My Cam It 1 1 Jan. 31, 2005 Notary Public STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The fore cling instrument was acknowledged before me this ` day of February, 2004, by 149,1 , the ( c:r(, 3 , of the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. ,-- C� A' jr � (Notary Public Seal) ■ STEVEN A SONDRALL Notary Public 0 Na'M PMC - MINNESOTA 1 1MY 01011=0011111111I Jan.31,2005 ■ )MAO AAAAAA04 A M04 AMA AM M .... r Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attomey\1LB \l- Client Folders \CNH \99- 11306\CNH99.11306- Access Aecdoc �j MINNESOTA DEPARTMENT OF HEALTH MDH USE ONLY Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164-0975 (651) 215-0819 or 1-800-383-9808 WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Person filing deed must attach $30 fee payable to the county recorder. A. PROPERTY DESCRIPTION Attach a legal description of the property. COUNTY _75T NUMBER BLOCK NUMBER I ADDITION NAME Hennepin See legal description attached as Exhibit A STREET ADDRESS 5538 Sumter Avenue North CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope Minnesota 55428 05-118-21-33-0024 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST I MIDDLE LAST COMPANY NAME (IF APPLICABLE) Economic Development Authority in and for the City of New Hope ADDRESS 4401 Xylon Avenue North ADDRESS CITY STATE FZlP TELEPHONE New Hope Minnesota 155428 (763) 531-5100 C. CERTIFICATION BY SELLER I certify that the information provided on this certificate is accurate and complete to the best of my knowledge. Name of Seller (Please Print) Signature of Seller or Designated Representative of Seller Date D. CERTIFICATION BY BUYER The buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all deeds given in fulfillment of a contract for deed if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, I certify that the information on and complete to the best of my knowledge. e 4 llaj Si nature of Bu er or Desi Hated Re resentative o BuXer Date IMPORTANT NOTE: The Minnesota Department of Health (MDH) will follow-up with the property buyer regarding any wells disclosed as not in use. If a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $125. A copy of this well disclosure certificate should be provided to the property buyer. 7/02 MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin SW '/4 of SW '/ 5 118 21 WELL STATUS (Chec�only one box) ! YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ` NOT IN USE (2) ❑ SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing NAME OF LICENSED WELL contractor, check the well status as not in use. I CONTRACTOR WELL #2 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS : ❑ IN USE (1) ❑ NOT IN USE (2) ❑ SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) KNOWN) If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing NAME OF LICENSED WELL contractor, check the well status as not in use. CONTRACTOR WELL #3 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS : ❑ IN USE (1) ❑ NOT IN USE (2) ❑ SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF (Call MDH to verify sealing record is on file.) KNOWN) If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing NAME OF LICENSED WELL contractor, check the well status as not in use. CONTRACTOR SKETCH MAP - Sketch the location of the well(s) and include estimated distances from roads, streets and buildings. IF MORE THAN ONE WELL ON PROPERTY, USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed contractor. ri Intormation provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format call (651) 215 -0811 or TDD (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1 -800- 627 -3529 and ask for (651) 215 -0811. Visit our web site at: www.health. state. mn.us /div /eh /wells /disclosures/ HE- 01387 -09 IC #140 -0385 7/02 INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE CERTIFICATE A $30 FEE MUST BE ATTACHED TO THIS FORM WHEN SUBMITTING THIS FORM TO THE COUNTY RECORDER'S OFFICE. THE FEE IS TO BE PAID BY THE BUYER OR PERSON FILING THE DEED. PLEASE MAKE THE CHECK PAYABLE TO THE COUNTY RECORDER. BUYER, SELLER, AND PROPERTY INFORMATION A. PROPERTY DESCRIPTION - provide the county, house number, street name, street type, street direction (if applicable), city, and zip code; and, if applicable, the lot number, block number, and addition name (for example, White Pine Addition, block 4, lot 12). Attach a complete legal description of the property. B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING - Provide the buyer's full name (or company name, if buyer is a company), full address, and phone number (including area code). Be sure to include a complete mailing address. If the property is jointly owned, provide the name of a contact person. C. /D. CERTIFICATION BY SELLER OR BUYER - Provide name of seller in space provided. Also, the seller (or designated representative) should sign this certificate before it is submitted to the county recorder's office. If the seller is unable to sign the document, the buyer (or designated representative) may sign the certificate before it is submitted to the county recorder's office. There must be at least one signature on the certificate. Where deeds are given in fulfillment of a CONTRACT FOR DEED the well disclosure certificate MUST be signed by the BUYER or the person authorized to act on behalf of the buyer. WELL INFORMATION Provide the following information for EACH WELL BEING DISCLOSED. WELL LOCATION Provide the county name, quartile (one quarter section is required) or government lot, section number, township number, and range number. WELL STATUS INFORMATION Indicate the status of each well. CHECK ONLY ONE BOX. In Use - A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well that operates for the purpose of irrigation, fire protection, or emergency pumping. Not In Use - A well is "not in use" if the well does not meet the definition of "in use" above and has not been sealed by a licensed well contractor. Sealed - A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material throughout the entire bore hole after removal of any obstructions from the well. A Well and Boring Sealing Record must be on file with the Minnesota Department of Health (MDH). Contact the MDH to verify if a sealing record is on file. A well is "capped" if it has a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A "capped" well is not a "sealed" well. If the well described has been sealed by a licensed well contractor, indicate the year when the well was sealed, if known. If the well is "not in use" and has not been sealed by a licensed well contractor or a licensed well sealing contractor, check the well status as "not in use ". SKETCH MAP Complete the sketch map as instructed on the Well Disclosure Certificate. The locations of each well must be indicated. NOTE: If a well is not in use 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 of $125. Maintenance permits are not transferable. If a well is operable and properly maintained, a maintenance permit is not required If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 215- 0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). Visit our web site at: www.health.state.mn.us/div/eh/wells/disclosures/ 7/02 SCHEDULE "A" Legal Description That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39; thence East along the North line of said Lot 200 feet; thence South and parallel with the West line of said Lot 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot 210 feet; thence South and parallel with the West line of said Lot 100 feet; thence West and parallel with the North line of said Lot 210 feet; thence North and parallel with the West line of said Lot 100 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. P:\Attomey\JLB \t- Client Folders\CNH \99 - 11306 \CNH99.11306 - 005 -Well Cert.doc Auditor use only MINNESOTA Department of Revenue Certificate of Real Estate Value PE -20 Buyers' lost nome(s), first, middle initial Address Daytime phone Economic Development Authority in and 4401 Xylon Ave. N. for the City of New Hope New Hope, NrN 55428 ( 763 ) 531 -5100 Sellers lost nome(s)., first, middle initial New address Daytime phone Dore, John E. Dore, Deborah R. ( ) Street address or rural route of property purchased City or township County 5538 Sumter Avenue North New Hope Hennepin Date of deed or contract Legal description of property purchased (lot, block and plot, or attach 3 copies of the legal description) 2/24/2004 See attached Exhibit A. Financial arrangements Was personal progeny such as furniture, inventory or equipment included in the purchase price? yes rX no If yes, describe below and list current (not replacement) value. (Use the back of this page it needed.) — — ?'1, Total purchase price $185,000.0 $ $ Down payment ,$ig 5 r 009.00 $ $ 1 Total persona I property :�. Points or prepaid interest paid by seller current value: $ $ D5$ N/A 6 Type of acquisition (check all that apply) Buyer and seller are relatives or Transaction involved the trade of �i Buyer is a unit of government Name added to or co-owner's name related businesses I.J property �, LJ removed from deed (not o sale) Property is a gift or inheritance Buyer is a religious or charitable CI Condemnation or foreclosure Buyer purchased partial interest only J organization transaction ❑ Purchase agreement signed over two Payoff or resole of contract U years ago. Year signed 7 Type of property transferred (check all that apply) ❑ Land only - ® land and buildings ❑ Construction of a new building after January I of year of sale 8 Planned use of property (check one) I X j Residential, single family If you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. 71 Residential duplex, triplex Agricultural Commercial- industrial ❑ (number of acres): ❑ (type of business): Cabin or recreational Apartment building El Other (describe): (non-commercial) (number of units): 8A Will this property be the buyer's principal residence? ❑ yes [X:] no Method of financing (complete only if seller - financed, including a contract for deed or assumed mortgage) Check: Mortgage or contract for Monthly payment for Interest rate Total number Dote of any lump sum Assumed Contract deed amount at purchase principal and interest now in effect of payments (balloon) payments Mortgage for Deed 9 _ ❑ 10 ❑ I declare that the information on this form is true, correct com the best of my knowledge and belief. 'e jpri t or type) Signatur Daytime phone Dole Co — ; C Yr Bit SD (Yr [ Land I Bldg Tot I Primary property identification It T lcres Tillable ICIER ;CRP RIM Use I Deed Yr Land i Bldg ( Tot .i Secondary parcel identification # _ i I Y par Good for study jJ yes I'l no If no, give reason /code b K HC ST Adic !Adis IUse 1Tillable EMV Apt I'M GA !C II H MV :2 My fID d Co CT ! PT !Date iT M is Are there more parcels? yes — no Put extra identification numbers on back of this form. Stock No. 6000400 (Rev. 6(96) DEPARTMENT OF REVENUE COPY 816699 1 TIN 41- 6008870 t John E. Dore SSN 475 -62 -9059 Deborah R. Dore SSN 468 -78 -8001 2 2 3 3 Stock No. 6000400 (Re, 6/96) 816699 DEPARTMENT OF REVENUE COPY WARRANTY DEED Individual(s) to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $629.00. Date: February , 2004. FOR VALUABLE CONSIDERATION, John E. Dore and Deborah R. Dore, 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: That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39; thence East along the North line of said Lot 200 feet; thence South and parallel with the West line of said Lot 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot 210 feet; thence South and parallel with the West line of said Lot 100 feet; thence West and parallel with the North line of said Lot 210 feet; thence North and parallel with the West line of said Lot 100 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota; 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 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. Ai3in E. Dore Deborah R. Dore STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this2 ':Z day of February, 2004, by John E. Dore and Deborah R. Dore, husband and wife, Grantors. (Notarial Stam or Seal) ■ STEVEN A. SONDRALL NOT W PUBUC—MINNESOr,. MyC�men Ogrv■a w,. al, zoo Notary Public ■ THIS INSTRUMENT DRAFTED BY Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Check here if part or all of the land is Registered (Torrens) Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 PAAW — y \1- 0ient Polders \CNH199- 113MCNH99.1I306.003-Dced.do (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) AFFIDAVIT REGARDING SELLERS John E. Dore and Deborah R. Dore, husband and wife, being first duly sworn, on oath say that: 1. 2. 3, 4. 4 6. 7. They are the persons named as Grantors in the document dated February _, 2004, and filed for record , 2004, as Document No. in the office of the Registrar of Titles of Hennepin County, Minnesota. Said persons are of legal age and under no legal disability with places of business, respectively, at: John E. Dore - Self employed 5538 Sumter Avenue North, New Hope, Minnesota 55428 Deborah R. Dore DSs _3o7p 4.-,y f ..5> // 3 and for the last ten (10) years have resided at: 5538 Sumter Avenue North, New Hope, Minnesota 55428 The social security numbers of said persons are: John E. Dore Deborah R. Dore There have been no: a. Bankruptcy, divorce or dissolution proceedings involving said persons during the time period in which said persons have had any interest in the premises described in the above document ("Premises "). b. Unsatisfied judgments of record against said persons, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said persons. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above -named persons have had any interest in the Premises, are not against the above -named persons. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named persons. There has been no labor or materials famished to the Premises for which payment has not been made. 8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiants have knowledge. 11. This Affidavit is made as respects the following described property: That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn, described as follows: Commencing at the Northwest corner of said Lot 39; thence East along the North line of said Lot 200 feet; thence South and parallel with the West line of said Lot 100 feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot 210 feet; thence South and parallel with the West line of said Lot 100 feet; thence West and parallel with the North line of said Lot 210 feet; thence North and parallel with the West line of said Lot 100 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Affiants know the matters herein stated are true and make this Affidavit for the purpose of inducing the passing of title to the Premises. j . 611n E. Dore Deborah R. Dore It— Subscribed and sworn to before me this .27 day (Notarial Stamp or Seat) of , F_ ary, • SiEVl31) A SONDRALL NOIIMIYP!lBLIC- MINNE SOTA 31 2tl05 Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\A— YULa \I -Cli— POldcrs\CNH \99- 11306 \CNH99.11306004- Affid.it.d.