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COU NCIL 0 6 Originating Department Community Development By: Ken Doresky, Community Development Soecialisf Please see #40 0 for remaining correspondence Approved for Agenda I Agenda Section _ 4 -12 -04 Consent 1 �1 Item No. RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO RJK CONTRACTING IN THE LOW BID AMOUNT OF $67,519.00 (IMPROVEMENT PROJECT FILE 760, 753, 741, 756, 758 & 734) REQUESTED ACTION Staff recommends Council approval of the attached resolution awarding a contract to RJK Contracting in the low bid amount of $67,519 for demolition of city -owned property located at 4317 Nevada Avenue North, 5400 Winnetka Avenue North, 5500 Winnetka Avenue North, 5506 Winnetka Avenue North, 7601 Bass Lake Road and 7605 Bass Lake Road. Five of the six properties are located in the in the east Winnetka redevelopment area. POLICY /PAST PRACTICE For contract exceeding $50,000, staff solicits sealed bids per State of Minnesota requirements. BACKGROUND The city has acquired the subject properties over the past several months. All properties except 4317 Nevada Avenue North are located within the east Winnetka redevelopment area. On March 8 2004, the Council passed a motion approving plans and specifications and authorizing advertisement for bids for demolition of the subject city owned properties. In February, community development staff, the city engineer and city attorney completed quote packets and sought quotes for demolition and site restoration of the subject properties. Due to the $50,000 sealed bidding /advertising threshold, staff deleted three of the six homes (based on past costs). Quotes for the remaining three properties were received on March 2 from four demolition contractors and all exceeded $50,000. Vermiculite removal in two of the three homes caused the higher than expected quotes. Per direction of the finance director, staff administratively rejected the quotes. Selling the structures to house movers was considered, but the building official and general inspector recommended that due to size, condition and time of year the homes be demolished. In the past, specifications were designed to comprehensively evaluate each site and combine the subject sites with other adjacent city owned properties into a maintainable park -like condition. Due to the timing, associated cost and proposed development grading plans, the specifications did not include that provision MOTION BY � t SECOND BY FIERM I: \RFA \PLANNING \Housin \East Winnetka Redevelo ment \Q &R — Demolition Contract Award.doc CITY OF NEW HOPE SHORT FORM PUBLIC IMPROVEMENT CONTRACT PROJECT NOS. 753 and 756 (Sewer and Water Disconnect at 7601 Bass Lake Road and 5500 Winnetka) For valuable consideration as set forth below, this Contract dated the 5`" day of January 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Gene's Water and Sewer, Inc., a Minnesota corporation (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the Request For Proposal for the sewer and water disconnect at 7601 Bass Lake Road and 5500 Winnetka Avenue North (attached hereto as Exhibit A) prepared by the City of New Hope, all of which are incorporated hereby by this reference. This Contract and the Request For Proposal shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), shall include the entire completed construction or the various separately identifiable parts thereof required to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. CONTRACT PRICE The City agrees to pay Contractor Two Thousand and Two hundred and No/ 100ths Dollars ($2,200.00), payable upon the City's acceptance of Contractor's performance under this Contract. The disconnect at each property is $1,100.00 per property. 4. COMPLETION DATE /LIQUIDATED DAMAGES Contractor shall complete his performance under this Contract by the 31" day of January, 2004 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date, the Contractor shall pay the City -0- as liquidated damages. —1— INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall obtain the following insurance coverage listing the City as a loss payee under the policies: a. General Contractor Liability: $500,000.00 b. Automobile Liability for all automobiles: 5500,000.00 C. Workman's Compensation: Statutory Amounts The Contractor acknowledges and agrees it will not start work on this project unless and until these insurance coverage's are in place. Contractor further warrants the City shall be a loss payee on said coverage's. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE —2— The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be 16 ' ' J L'�- w A2, • 6 " 2 .. -) � <- -'? P The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this , ' day of `� , _ 6L�_� , 200 `? , by W. Peter Erick and Daniel J. Donahue, the Mayor and City Manag'r, respective) , of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. r Notary Public —3— STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 7, , W .L The fioreAoing instrument was acknowledged b me this /� day of' A 204 by the respectively, of a Minnesota on behalf of said -- 'gotary Public P:\Attomey\SAS\2 City of New Hope\99-11287\sewer and water disconnect contract 7601 BLR & 5500 Winnetka.doc I I_ 1 4 ,.47 P11" r i um-;,! ( ! ur rmw murr 4 REQUEST FOR QUOTE (RFQ) SEWER AND WATER DISCONNECTION NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: P-uu2/605 ;-58E EMBIT "A" RFQDue 12/19/M_; 12:00 PM The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Sewer and Water Disconnection Quote 7601 Bass Lake Road 5500 Winnetka Avenue North 1l ct= Total Lump Sum Quote In submitting this quote proposal it is understood that the owner retains the right to reject any and all quotes and to award the quote in the best interests of the owner- it is also understood that quotes may not be withdrawn for a period Of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, Firm Agent Printed Naftie of Agent Address City, State & Zip Code Date Telephone No. 4"' 3f_ t 1 i - _.' ;. z I - - 1 3 51 Z' DESCRIPTION OF WORK 1. PROJECT DESCRIPTION: The City is requesting quotes from professional firms to disconnect and cap sewer and water service at the following City -owned properties: • 7601 Bass Lake Road — Single Family Home. • 5500 Winnetka Avenue North — Single Family Home. • Obtain Sewer and Water permit prior to demolition from the City of New Hope Community Development Department, New Hope City Hall, 4401 Xylon Avenue North. Gopher State One Call must be notified two working days in advance. • Public Works will turn off the stop box for each building. • Public Works will locate and mark the sewer services for each building based on best information available. • Sewer services will be cut and sealed with concrete at the property line. • Water services will be cut approximately 12 " -15" from the stop box and bent over to prevent a leak should the stop box leak. • Call Public Works at 763 - 533 -4823, extension 12 to schedule inspections of each service disconnection at least two hours in advance. Backfilling will not be allowed until inspections are completed. Any disturbed areas must be filled in and graded properly. Seeding the areas will not be necessary. The contractor will be responsible for any damage to the property or City -owned facilities (sidewalk, curb, etc.). 2. RFQ SUBMISSION MATERIALS: All quotes are to be received at City offices in sealed envelopes by the submission deadline and should include the following information: • Completed RFQ Proposal Cover Sheet, RFQ Deadline 12/19/03,12:00 PM; 3. COMPLETION DATE: The selected firm shall complete work by Friday, January 9, 2004. The quote will be awarded on Monday, December 22, 2003 or shortly thereafter. 4. CITY CONTACT: Questions may be directed toward Ken Doresky, Community Development Specialist at 763- 531 -5137. 5. CONTRACT: A standard City contract will be required for execution prior to. disconnection activities. 6. ATTACHMENTS: • 7601 Bass Lake Road — Location and Topographic Maps. • 5500 Winnetka Avenue North — Location and Topographic Maps. - 2 ssoo )5617 MO -mow_ 7810 i T T ) 56TH AVE N dM 111 W 5559 5546 CS 7615 5540 ~ 5537 55M 5532 5531 5530 7621 7601 5524 551 .9 5520 • 7940 5518 5510 5512 5 5501 7708 7608" 5506 55TH AVE N .5300 5443 - 5444 5437 5436 3437 5436 1 5436 5437 `Z -438 54,30 -543 UM i 5434 5433 54,32 5440 5429 iUJ 54 28 5429 ., m s 5429 54,30 5426 5427 LJ !> 5434 5�i7 5426 5427 <: 7&X 542,5 5420 5421 5428 5422 542.3 ST RAP. 5416 5417 DR. 5420 5417 Z' 5420 5425 5420 541,9 5410 5411 5418 5361 5410 ; LLJ 5414 5413 5416 5413 5413 540 5407 Lu 5414 mw ;z 5409 i 5406 5409 5400 5401 5408 340s` 541 : 5349 5400 i 5401 1 0 5400 5 5400 3401 5400 i .1-343 5325 w 5340 53W 5337 1 5 5329 !' 3336 5319 5324 5331 5342 5323 uj. W : 3313 5318 5325 - 0,' • 5321 5324 W07 5312 5319 5aw 5317 5318 5319 1 :7825 5306 5313 5324 . 5313 : 3312 331,3 78W '5218 5318 5309 ? !'5212 5306 3307 5312 i 3 3005 53W .-5206 5306 S 30f N Y-5221 r 27.6 .' j j '.; �•, --_- - .��.j ) /,, C r I FO O A,� u g . - C C . " '0 L , �...,,, c O C C jnAC ���........!!!! C x 907.9 55TH 1 I L _ ;VENUE I O l \ I c � cc too c o 0 0 W .✓>IO l r e c e c O W O - O j .O ° r O s C fn O O O . O O C ,n ST. RAPMAEL t Rio c 0 � 0 o o p c o < o t O v C w C c O r ° L c ° o O CC W W O C O ; ®p ti O EF X O ^ p - : C F O I. lu '7. ,..+._�' C 92t.7 ("' o Ii ` C ~ J I• C CSC C •'x e t.,_ (n ( 1C O C W e < w0 p C O O C I QO I e k 1 920.4 N 919.4 C ! f { .p p O p ° p /r or o ,p e k Mimi October 28, 2003 Karen M. Fischer 5500 Winnetka Avenue North New Hope, MN 55428 RE: 5500 Winnetka Avenue North — City Council Action, Purchase Agreement Approval Dear Ms. Fisher: On October 27, 2003, the New Hope City Council approved the purchase agreement for your property. Attached, please find one fully executed copy for your records. The City Attorney will process the title information and complete the closing documents. Once this information is complete, it is anticipated that a closing could occur within your timeframe. Thank you for your cooperation throughout this process. If you have any questions or comments, do not hesitate to contact me at 763- 531 -5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Roger Axel, Building Official Chuck Tatro, General Inspector Ron Fischer Valerie Leone, City Clerk (improvement Project File 753)" 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 • www. ci.new- hope.mn.us City Hall: 763 -531 -5100 e Police (non - emergency): 763 -531 -5170. Public Works: 763 - 592 -6777 o TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 e Police Fax: 763- 531 -5174 e Public Works Fax: 763- 592 -6776 ACKNOWLEDGEMENT AND WAIVER BY OWNERS The undersigned, all of the owners (the Owners) of the property known as 5500 Winnetka Avenue North (the Property) acknowledge that they have been informed in writing of the following: The City of New Hope (the City) operates a scattered site housing program, involving the acquisition of certain properties in the City. The City will be negotiating with the Owners for the acquisition of the property by the City; 2. No specific property has to be acquired. It is not required that the City purchase the Property; 3. The Property is not part of an intended, planned, or designated project area where all of substantially all of the property within the area is to be acquired within a specific time limit; 4. The City will inform the Owners of what it considers to be the fair market value of the property. In consideration of the City proceeding with the purchase of the Property from the Owners, the Owners confirm that this proposed purchase is a voluntary transaction, and the Owners hereby waive all rights they have to relocation benefits under the Code of Federal Regulations, 49 CFR Part 24. The Owners also affirmatively represent and warrant to the City that there are no persons or entities with current or future tenancy or leasehold rights in the Property. Dated: Dated: Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT m Copyright 1996, 1997, 2002 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclai s any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on O nhe* 'J 2(M3 Karen — F�cchgr [marital status] a single nercnn 3 of [seller's address] 5500 Winnetka Avroue North New Hnn. Minnesota 55429 , SELLER, and 4 0 1 4 Y Of NeW n Hope a Minnesota mmc a =n ornnration as )OXXIOP )o 5XXUCV9NVM of [buyer's addressJ 4401 Xylon Avenue North New Hop Minnesota 55429 n 6 BUYER. 7 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: e 9 10 11 [Property Tax Identification Number or Tax Parcel Number 05-118-11-13-0001 ] 12 13 located at 5500 Winn tka Avenne tSTnrth City of New Hie _ 14 County of Hennepin State ofMinnesota, Zip Code _55429 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] _ 2001 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 includedj: 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.*] EJ Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 31 32 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred Thousand and 00/100 Dollar 33 34 Dollars ($ 200.000.00 ], which Buyer shall pay as follows: 35 36 Earnest money of 5 000 by OCXMX XKWK, XWXE -state which] N/A 37 [select one:] payable to 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 $ 200.0()0 00 cash, on or fam W0 44 the balance of $ 0 00 the DATE OF CLOSING, and 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 47 in by spouse, if any, conveying marketable title of record, subject to: Warranty Deed, joined 48 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; 50 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 title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer 53 in this Purchase Agreement [must be specified in writing].' 54 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro - 55 rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement, 56 If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be_% of the prior year's taxes, 57 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER / X4MJjX"XJp1jKX WEXF1C?OE 58 TMKXIS7 [=XXXXXX7fX0El'(XX90FDG(XgXX= (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 60 payable in the year(s) 2001 will be FULL, KO M, XXK -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 62 within the time required by law. If the taxes due and payable in the year of closing are PART or NON- homestead classification, Seller shall 63 pay to Buyer 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 68 [Strike one:J B(Df KXXXXKXBAC*XVXRl1 XMKXX)DXXKKKXDOD KX / 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:] ]( 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:] XKX90EXMXDCX96M / 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, 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. 0.17i',4EliJ )JX%)pfi XDCR / 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 86 future real estate taxes or of future special assessments. 87 88 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate 89 and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, 90 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 91 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 92 93 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the 94 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 95 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 96 restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 97 98 10. CONDITION OF PROPERTY. 99 100 A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, 101 and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall 102 remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no 103 knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. 104 105 B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by 106 any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 107 as follows: 108 109 110 111 112 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any 113 action based upon these warranties and representations must be commenced within two years after the date on which the buyer 114 closed on the purchase of the real property. 115 116 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 117 regulations, Seller does not plan to have the property inspected. 118 119 E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a 120 written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below), or Buyer and Seller may waive 1 21 the written disclosure requirements [see (3) below]. 122 123 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 124 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 125 recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years 126 after the date on which the prospective buyer closed the purchase or transfer of the real property. 127 128 (Select only one of these three:) 129 F_� (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct 130 in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. 131 132 Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. 133 Subdivision 1. CONTENTS. 134 (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The 135 disclosure must include all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely 136 and significantly affect: 137 (1) an ordinary buyer's use and enjoyment of the property; or, 138 (2) any intended use of the property of which the seller is aware. 139 (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. 140 141 Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. 142 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 143 seller learns that the seller's disclosure required by section 513.55 was inaccurate. 144 Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure 145 required under subdivision I is liable to the prospective buyer as provided in section 513.57. 146 147 F (2) Inspection Report. Buyer has received an inspection report by a qualified third -party. If a copy of the inspection report is provided to 148 Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. 149 150 Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. 151 (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 152 report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this 153 paragraph, "quaffed third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, 154 reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been 155 conducted by the third parry in order to prepare the written report. 156 (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 157 paragraph (a) if a copy of the report is provided to the seller. 158 159 El (3) Waiver of Disclosure. 160 161 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 1 62 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 163 for seller disclosure created by any other law. 164 165 Seller and Buyer waive the written disclosure required under sections 513.520 513.60. 166 167 169 SELLER , BUYER. P 3p tj` 169 Karen M. Fischer 170 W. Peter Enck, Ma of New H 171 172 SELLER BUYE - ,3' ) -0 3 173 Damel J. Donah , City Manager, ity of New Hope Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular 176 purpose. (This 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 180 person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent 181 domain, condemnation, special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the 184 municipality in which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than date of closing. All interest, fuel oi, liquid petroleum 187 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of the date of clod 188 189 190 191 192 193 194 195 196 N)W 197 (SEE ADDITIONAL TERMS) 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title 200 marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make 201 title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from 202 proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of 203 title, all payments required herein and the closing shall be postponed. 204 A If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing 205 that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall 206 take place 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 208 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to 209 the other, and earnest money shall be refunded to Buyer. 210 k ti t f i ti iv C. If Seller does not give notice of to make title marketable, or if notice is given but the 120 da y period expires without title being 211 212 made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 213 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 214 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be 215 limited to the cost of curing objections to title, 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 218 and all 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 222 either of 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 224 that any note given pursuant to this contract is a down 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 right of action arises. 229 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 230 above and, 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 233 expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has 234 been or will be 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 AorB:l 244 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency 245 (for 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 247 Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 (Check either C or D.J 249 _ C. Seller does not know if there is an abandoned individual sewage treatment system on the property. 250 - j,,-D. Seller knows that there (strike one:) 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 252 that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment system 253 with map 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 Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop - 257 erty, 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 [:1 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 266 executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 118 -M] Affidavit of Seller. 267 Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev, 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 4 268 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location, 269 270 271 272 273 274 276 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 (State other location:) New Nopc City Hall 4401 Xylon Avenue North New Hnne Minnesota 55428 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: See Exhibit A attached which shall be orporated herein b this reference 26. ADDENDA. Attached are _ 5 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] 1 originals of this Purchase Agreement. I agree to sell the property for the price and terms and I agree to purchase the property for the price and terms and conditions set forth above. conditions set forth above. SELLER: 2-L� 41) 4 -21 --' /0^%k Y - vL3BUYER: v� �� ��1 "30 ^ 63 Karen M. Fischer (date) W. Peter Enck, Mayor (date) SSN: City of New Ho SELLER: 417 — t- /0 �! � O_ Id - %UYER: L _ � 16 (date) Daniel J. Don e, City Manager (date) City of New Hope Steven A. Sondrall, #103391 Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55428 (763) 424 -8811 This Purchase Agreement was prepared by: Others who will assist Seller or Buyer with this transaction: Lawyer For Buyer Telephone: (763) 424 -8811 Facsimile: (763) 493 -5193 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 your lawyer. Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT I PAGE 5 Buyer's or Lender's Title Insurer.- Telephone: Facsimile: Old Republic National Title Insurance Company (612) 371 -1111 400 Second Avenue South Minneapolis, Minnesota 55401 Miller /Davis Co. ® St. Paul, MN 651- 642 -1988 Atooes"" Farm 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. ® 2000, Minnesota Association of REALTORS®, Edina, MN Date Page Addendum to Purchase Agreement between parties dated 1 pertaining to the purchase and sale of the property at _ 5500 Winnetka Avenue North, New hone Minnesota 5542R 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 for possible lead -based paint hazards is recommended prior to purchase. Seller's Disclosure (initial) m (a) Presence of lead -based paint and /or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). VX Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. P /I`1 ZTI (b) Records and reports available to the seller (check one below): ® Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). ® Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): ❑ Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards (If checked, see Section H below); or Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. CITY OF EW OPE Karen M. Fischer W. Peter Enck, Mayor Seller Date Purchaser Date i1)-_3o-n3 Daniel J. Donahue, City Manager Seller Date Purchaser Date Real Estate Licensee Date Real Estate Licensee Date Section H: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is checked.) This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead -based paint and/or lead -based paint hazards to be conducted at the purchaser's expense. The assessment or inspection shall be completed within ten (10)/ _ calendar days after acceptance of the Purchase Agreement. This contingency shall be deemed removed, and the - (stake out one)- the Purchase Agreement shall be in full force and effect, unless purchaser or real estate licensee assisting or acting on behalf of purchaser delivers to seller or real estate licensee assisting or acting on behalf of seller within three (3) calendar days after the assessment or inspection is timely completed a written list of the specific deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If the seller and purchaser have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections that: (A) some or all of the required corrections will be made; or (B) the purchaser waives the deficiencies; or (C) an adjustment to the purchase price will be made, the Purchase Agreement shall automatically be deemed null and void, and all earnest money shall be refunded to the purchaser. It is understood that the purchaser may unilaterally waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver or removal in writing within the time specified. TLX:SALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. ° St. Paul, MN 651 - 642 -1988 a%0OCS Form 1519WD (Rev. 9/99) 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. ® 1999, Minnesota Association of REALTORS ®, Edina, MN 1. Date 70 _ a 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, 5. the Seller must disclose information in writing to the Buyer about the status and location of all known wells on 6. the property. This requirement is satisfied by delivering to the Buyer either a statement by the Seller that the 7. Seller does not know of any wells on the property, or a disclosure statement indicating the legal description 8. and county, and a map showing the location of each well. In the disclosure statement the Seller must indicate, 9. for each well, whether the well is in 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 11. to disclose the existence or known status of a well at the time of sale and knew or had reason to know of the 12. existence or known status of the well, is liable to the Buyer for costs relating to sealing of the well and 13. reasonable attorney fees for collection of costs from the Seller, if the action is commenced within six years 14. after the date the Buyer closed the 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 16. the local unit(s) of government, state agency, or qualified professional which regulates wells for further 17. information about these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 5500 Winn . ka Avenue North New Hope MN 55429 Hennepin City Zip County 21. LEGAL DESCRIPTION: The North 90 feet of the South 680 feet of Lot 39 Auditors Subdivision No 6 22. 23. 24. 25. 26. WELL DISCLOSURE STATEMENT (Check the appropriate box.) 27. F The Seller certifies that the Seller does not know of any wells on the above described real property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. The Seller certifies that the following wells are located on the above described property. 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31. Well No. Depth Const. Type USE 32. Well 1 190 2 D 33. Well El F 34. Well ❑ F] 35, NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 82 -88. 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. SEALED WELL INFORMATION 40. For each well designated as sealed above, complete this section. 41. When was the well sealed? 42. Who sealed the well? 43. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes_. No-Unknown 44. MAP 45. Complete the attached MAP showing the location of each well on the real property. 46. This disclosure is not a warranty of any kind by the Seller(s) or any Agent(s) representing and Party(s) in this 47. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 48. CERTIFICATION BY SELLER 49. 1 c ertify that the information provided above is accurate and con3plete / to the best of MY knowledge. 50. Karen M. Fischer W. Peter Enck, Mayor e Ui yi-ot New Hope (Seller or Designated Representative) (Date) (Seller or Designated Representative) (Date) 51. BUYER'S ACKNOWLEDGMENT ✓ A /7 52. (Buyer) (Date) (B Daniel J. Donahue, City Managers City of New Hope Oate) 53. MN - WDS - (9/99) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. ® St. Paul, MN 651 - 642 -1988 WELL DISCLOSURE STATEMENT 54. Page 2 of Pages. 55. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 56. DEFINITION 57. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise 58. constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of 59. groundwater. 60. MINNESOTA UNIQUE WELL NUMBER 61. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well 62. number by the person constructing the well. If the well was constructed after this date you should have the 63. unique well number in your property records. If you are unable to locate your unique well number and the well 64. was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, 65. please indicate the depth and year of construction for each well. 66. WELL TYPE 67. Use one of the following terms to describe the well type. 68. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. 69. Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal 70. wells. 71. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 72- diameter wells connected to a large pressure distribution system. 73• MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 74• typically used to access groundwater for the extraction of samples. 75. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for 76• construction or use of underground spaces. 77• INDUSTRIAL /COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 78. groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps 79. and heat loops). 80. WELL USE STATUS 81. Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL. 82. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes 83. a well that operates for the purpose of irrigation, fire protection, or emergency pumping. 84. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not 85. been sealed by a licensed well contractor. 86. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 87. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 88. a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry 89. into the well. A "capped" well is not a "sealed" well. 90. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 91. contractor, check the well status as not in use. 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). Miller /Davis Co. c St. Paul, MN 651- 642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form. ® 2002, Minnesota Association of REALTORS®, Edina, MN 1. Date /U- ,O i/ 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 5500 Winn ka Av n No h 5. in the City of New Hope County of Henne t� n _ State of Minnesota , legally described as follows or 6. attached sheet (the "Property ") The North 90 feet of the South 680 feet of Ut 38 Auditors Subdiyisian No 6 7. 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 110. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11, OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12. BUYERS) AND SELLER(S) WITH RESPECT TO ANY ADVICEl1NSPECTiON /DEFECTS. 13. SELLER'S INFORMATION: The following Seller disclosure satisfies MN. Statutes Chapter 115.55. The Seller discloses the 14. following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this 15. information in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(s) 16, representing any party(s) in this transaction to provide a copy of this statement to any person or entity in connection with 17. any actual or anticipated sale of the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sale, a Seller who fails to disclose the 19• existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to 20. know of the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into 21. compliance with individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the 22. Seller. An action under this subdivision must be commenced within two years after the date on which the Buyer closed the 23• purchase of the real property where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25. advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Seller(s) actual knowledge. This information is a 28. disclosure and is not intended to be part of any contract between the Buyer and Seller. 29. �PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. tJ 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. F] The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate boxes) and indicate location on attached MAP) 34. Septic Tank: ❑ with drain field ❑ with mound system ❑ seepage tank ❑ with open end 35. Sealed System (holding tank) 36. Other (Describe): 37. Is the sewer systems) currently in use? Yes_ No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer comply 39. with applicable sewage treatment laws and rules. 40. Is the sewer system(s) in compliance with applicable sewage treatment system laws and rules? Yes_ No_ 41. When was the sewer system installed? Installer Name /Phone: 42. 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? 47 - Describe work performed to the system since you have owned the Property: 48. 49. Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requirements? 51. Is the system shared? How many units on system Annual fee? 52. Comments: 53. On this Property: 54. Approximate number of: people using the sewer system - showers /baths taken per week wash loads per week _ 55. Distance between well and sewer system: 56. Have you received any notices from any government agencies relating to the sewer system? Yes_ No _ 57. If "Yes ", see attached notice. MN -PSSD (8/02) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 59. Are there any known defects in the sewer system? Yes_ No _ 60. If yes, please explain 61. 62. 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. I / We, Seller(s) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose 65. this info to prospective Buyers. 66. F'IG�t -vim- /1 � " /G - .1G/ (Seller) Karen M. Fischer (Date) (Seller) (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 69. representation regarding the condition of the Private Sewer System have been made, other than those made above. LISTING 70. BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN 71. THE PRIVATF SEWER SYSTEM. 72. f. /Q - 30 -'03 - U - C (Buyer) W. Peter Enck, Mayor (Date) uyery Daniel J. Donahue, City Manager (Date) City of New Hope City of New Hope 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, [/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 76. been initialed and dated. F 77. ct c L7 1 ( /0 (Sellarl Karen M.Fischer (Date) (Seiler) (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. c St. Paul, MN 651 - 642 -1988 peS— Form 1519 MAP (Rev. 7/94) 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 CB ' y� 01 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: 5500 Winnetka Avenue North New Hope Minnesota 55429 5. \ti r lrtcil 'Z„$1 ATTACH ADDITIONAL SHEETS AS NEEDED 6. Seller and Buyer Initial: Seller(s) Buyer(s) 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 5500 WINNETKA AVENUE NORTH Seller acknowledges and agrees she shall be responsible for all costs to seal the water well on the property prior to closing. Seller agrees she will provide Buyer with a sealing record or affidavit that the water well has been legally sealed and abandoned. The affidavit shall be prepared by a licensed water well contractor as required by the Minnesota Department of Health and provided to the City prior to closing. The closing on this sale shall be delayed if Seller is not able to provide Buyer prior to closing with the water well sealing affidavit. The City, at its sole option, may proceed with the closing and retain funds from Seller to be held in escrow by the City to properly seal and abandon the water well if Seller has not produced the requested documentation. The escrow shall be for 150% of the City's estimated costs, as determined by the City. The City may complete the closing, take possession of the property and cause the water well to be sealed. The City may reimburse itself from the funds in escrow held from the proceeds payable to Seller at closing. Any monies remaining in escrow after the City's costs are reimbursed shall be immediately paid to Seller. If this option is elected by the City, the work shall be performed by the City within a reasonable time after it acquires possession of the property. SELLER: Dated: jai ,:� 1 -I -- 6 _ 2003. f Z . Karen M. Fischer PAAttorney \1LB \1- C1ient Fo1ders \CNH\CNH99.11291 - 001 -Ex A to PA.doo M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property PAGE 1 of 8 DRAFT OF January 10, 2003 (9:09am) ( \RPF#I5j.wpd) CONDITION OF THE PROPERTY. © Copyright 1998 -2003 by Minnesota State Bar Association, Minneapolis, Minnesota. Intended for use with "Minnesota Standard Residential Purchase Agreement," M.S.B.A. Real Property Farm No. 1, (2002 version or later). BEFORE YOU USE OR SIGN THIS FORM, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THE RIGHTS, OBLIGATIONS, AND CONSEQUENCES INVOLVED IN THE USE OF THIS FORM ADEQUATELY PROTECTS YOUR LEGAL RIGHTS, Minnesota State BarAssociation disclaims any liability arising out of use ofthis form. This document, dated October , 2003 , concerns the real property located at [street address] 5500 Winnetka Avenue North, New Hope, Minnesota 55428 and legally described as: The North 90 feet of the South 680 feet of Lot 38, Auditors Subdivision No. 226 M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) PAGE 2 of 8 Condition of the Property DRAFT OF January 10, 2003 (9:09am) ( \RPr#J5j.wpd] 2 3 4 5 6 7 s 9 10 u 1z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i7 28 .29 30 31 32 33 34 35 36 37 38 Seiler. ' /f you are using M.S.B.A. Real Property Form No. 1, Minnesota Standard Residential Purchase Agreement (02002), skip this section on "Compliance With Statute." It duplicates Paragraph TO., E., of your purchase agreement. COMPLIANCE WITH STATUTE Pursuant to.Minnesota Statutes sections 513.52- 513.60 (effective January 1, 2003), to comply with the statute: Seller must provide a written disclosure [see (1) be or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may Waive the written disclosure requirements [see (3) below]. This compliance is for Seller's rear property located at [street address]: [SELECT ONLY 0/VE OF THESE THREE,] u1s �uaea m urns, rorrtt as pages ; Se((er sflait cerredt,in yvr(tir g any iriaccu acies.'in tt e d]sclosure as saougas teesgnbly 'pd'ssi(�1Cebefo�;otosTng = „ [_] .(2) Inspection Report. [If (2) is selected, pages 3 -8 of this form may be discarded.] 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. Seller's disclosure of contradictory information is below on page 2 of this form. SELLER'S DISCLOSURE OF CONDITIONS CONTRADICTORY TO THE INSPECTION REPORT If a copy of the inspection report has been provided to Seller, Seller discloses to Buyer material facts known by Seller that contradict any information included in the written inspection report: 39 40 41 42 43 44 45 46 47 48 49 5o [Use additional sheets i f ne cessary.] w �J.�; �Yal�ertivr us osure ter { �� r se�ecte pages 8�pf flux forrp riaybe discardetl. Bylslgmrtg Here,;e11er and$uyerwalve t[ielwntterf ".disclosure and`irispectionrepor#' required uttc(er secfiionst5� 52.to 5 -13 60 . DO NOT SI`.GN HEf E UNLESS WAtuER "ISzELECTED. CITY Nh HO E /6 -.z4 a3 SELLER, cr `E�� = BUYEF2.. Karen M. F3sc2ier W P ter E k, Mayor SELLER: BU E'R Daniel J. Donahnp_ ('if M r M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ 1RPF815j.wpdj 51 52 53 54 55 56 57 58 59 60 6I 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 SELLER'S DISCLOSURE: CONDITION OF THE PROPERTY" PAGE 3 of 8 VAKT A: SELLER'S STATUTORY DISCLO LIST HERE 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. PART B: CONDITION OF THE REAL PROPERTY: BUILDINGS, IMPROVEMENTS, LAND. The condition of any personal property to be transferred to Buyer is excluded from this Disclosure. Question Answer CIRCLE ONE What year did you buy the property? a' What year was the house built? How old are the roof shingles or roof surface on the house and attached garage? x_ " How old are the roof shingles or roof surface on the detached garage? Have you occupied the property continuously for the past year? If "No," please explain. YES NO Is the house suitable for year- around use? If "No," please explain. YE NO Do you have the prior owner's disclosure statements to you? If so, please attach a copy. YES O SUPPLEMENTAL DISCLOSURES. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ 1RPFB15,j.wpd] PAGE 4 of 8 Question Answer C /RCLE ONE Are you aware of any pastor current conditions with any of the following? Explain all of your "YES" answers in the space at the end of this section. Soil or settling problems? YES Diseased trees? YES ; 'N9,/ Animal or Insect infestations in any of the buildings (house, garage, shed)? YES O Flooding? YES Wet floors or wet walls? YES Water leakage or seepage anywhere in the buildings? YES .Drain the system, if there is one? YES Cracked floors or walls? 'YES O Foundation? YES O Sewer backups? YES N Ice damage to any of the buildings? YES O Fire or smoke damage in the h ouse or garage (except 'fires in fireplace or wood burning stove)? IYES NO Explain all of your "YES" answers for this section. [Attach additional sheets, if necessary.] Have you made any warranty claims against manufacturers for problems with the property? YES N Has the structure been altered, for example, adding a room, changing the roof, or remodeling an YES interior wall? Have there been any roof repairs or replacements? NO Have you had any pets in the house? YES NO Explain all of your "YES" answers for this section, 1 xxx 1 , [Attach additional sheets, if necessary. ] PART C: CONDITION OF THE MECHANICAL SYSTEMS (HEATING, PLUMBING, ELECTRICAL, GAS), FIXTURES, AND APPLIANCES. The question to be answered for all of these items is, "Is this item in working order ?" %n working order" means that the item functions for the purpose that it is intended to perform, that it is not in violation of any public codes or regulations (although it may be nonconforming under current law), that it does not presently need repairs or service, that it is not missing any essential parts, and that its only imperfections are "cosmetic" or signs of "wear and tear" or diminished effectiveness associated with a product of its age. ARC TUC: Cnl I nW1K1rZ ITCnne IAI UInDV- noncon Cross out items not included in this sale. Explain all of Eaur "NO" answers for this section In the space at the end. [CIRCLE ONE:] ers, In YES Air Conditioning, Central NO YES N Ceiling fan(s) E NO Central Heating System / Furnace NO YES Dishwasher NO Door bells and buttons NO Q— ia� m YES NO Electrical system rE7 NO r YES NO e- p alr YES NO YES NO ec an YES NO 177 178 I79 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 2I2 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 PART D: ENVIRONMENTAL DISCLOSURES. 232 Bd RADON. 235 Seller fstr /ke one] has / Ws no had the dwelling tested for the presence of radon. Written results of any radon test 236 conducted for Seller will be to Buyer within 10 days from the date hereof. Describe any changes made to the 237 dwelling as a result of any radon test. 238 239 240 241 242 243 244 245 246 247 248 [Use additional sheets if necessary.] M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) PAGE 5 of 8 Condition of the Property DRAFT OF January 10, 2003 (9:09am) E %RFF #15j:wpdj M.S.B.A. Rea) Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ \RPF#ji j.wpdj 249 ASBESTOS. 250 Question Answer CIRCLE NE Comment or Explanation CIRCLE O 251 Are you aware of any asbestos on the property? If "Yes," YES NO 252 please explain. please explain. 253 Are you aware of any inspections for the presence of YES ' NO 254 asbestos? If "Yes," please explain and attach a copy of any 255 inspection reports thatyou have. 256 257 258 WELL WATER I MUNICIPAL WATER. 259 Question Answer CIRCLE P 260 Do you know if the well water has been tested for YES NO 261 contamination? Attach a copy of any test reports that you 262 have. 263 If the drinking water is supplied to the property from a well YES NO 264 that Is not located on the property, has the water from that 265 well been tested for contamination? Attach a copy of any test 266 reports that you have. 267 If the drinking water is supplied to the property from a YES NO 268 municipal water supply, has the water from that source 269 been tested for contamination? Attach a copy of any test 270 reports that you have. 271 Do you know If are there are a=prope�rty? YES N 272 wells within one -half mile of th 273 "Yes," please explain. 274 275 276 AIR POLLUTION. 277 Question Answer CIRCL E 278 Do you know of any air pollution problems affecting the YES O 279 property? If "Yes," please explain. 280 Do you know of any odor problems affecting the property? YES NO 281 if "Yes," please explain. 282 Has there been dust, airborne dirt, or soot problems YES O 283 affecting the property? If "Yes," please explain. 284 Has anyone smoked tobacco in the house? YES N 285 286 287 NOISE POLLUTION I VIBRATION. 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 or PAGE 6 of 8 Question Answer [CIR ONE] CIRCLE NE Comment or Explanation Do you know if there has been any noise problems affecting . the property? If "Yes," please explain. YES O Are you aware if there has been any mold, mildew, moisture, or water inside the ceiling and roof system? Do you know if there have been any vibrations affecting the property that are not generated at the property? If "Yes," YES N YES O please explain. property? If "Yes," please explain. Have you ever called the police to complain about noise in the neighborhood? if "Yes," please explain. YES NO MOLD Question Answer [CIR ONE] Comment or Explanation Are you aware if there has been any mold; mildew, moisture, or water inside the wails? YES TOJ "Yes," please explain. Are you aware if there has been any mold, mildew, moisture, or water inside the ceiling and roof system? YES N Have you been denied homeowner's insurance for this INSURANCE AND INSURABILITY Have you made any claims against your homeowner's YES O Insurance for damage to the building or its contents? if "Yes," please explain. Have you been denied homeowner's insurance for this YES O property? If "Yes," please explain. 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ \RPr #15j.wpol PAGE 7 of 8 Have there been any liability claims made against your YES O homeowner's insurance because of the condition of the property? if "Yes," please explain. Is the property insured through the Minnesota FAIR Plan? If I YES (N "Yes," please explain. \\ PAR E: SELLER'S CONCLUDING DIRM n .qi rRF LIST HERE ANY OTHER MATERIAL FACTS, NOT ALREADY DISCLOSED. sheets M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) PAGE 8 of 8 Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ 9tP17#15j.wpd] _ 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 SELLER'S SUPPLEMENTAL DISCLOSURE FOR CHANGED CONDITIONS OR FOR INACCURACIES IN THE INITIAL DISCLOSURE. CAUTION: The Minnesota law requiring a Seller's Disclosure can be interpreted to mean that Seller shall notify Buyer in writing as soon as reasonably possible before closing of any changed or incorrectly stated conditions. Since the date of Seller's Disclosure will likely be several weeks before the closing date, Seller is cautioned to supplement the Disclosure by disclosing any conditions that have changed since the date of the initial Disclosure and to correct any inaccuracies in the initial Disclosure. ACCESS AGREEEMENT This Access Agreement (the "Agreement ") is dated effective the 8'' day of December, 2003, and is entered into by and between Karen M. Fischer, a single person ( "Seller ") and the City of New Hope, a Minnesota municipal corporation ( "City ") contemporaneously with the closing of the sale of property from Seller to City on December 8, 2003 ( "Closing Date "). WHEREAS, Seller has not been able to fully remove her personal effects from the Property and has requested permission from the City for an additional five (5) days after the Closing Date to remove her personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the City, which includes the right of possession; and WHEREAS, City is willing to permit Seller access to the Property following the Closing Date for a period of five (5) days for the limited purpose of Seller removing Seller's personal property from the Property according to the terms and conditions contained herein; and NOW, THEREFORE, as an accommodation to Seller, the City is willing to grant a limited right of access as specified herein: 1. City agrees to allow Seller limited access to the Property following the Closing Date on December 8, 2003 for a period of five (5) days, terminating at 11:59 p.m. on December 13, 2003 for the limited purpose of Seller's removal of personal property from the Property. The personal property that Seller is entitled to remove does not include any fixtures or appliances, which shall not be removed by Seller. 2. Seller has retained a key to the Property and is authorized to utilize the key for a period terminating at 11:59 p.m. on December 13, 2003 for the limited purpose of accessing '. and removing Seller's personal effects. 1, r� a s t, (f, q .. r y } t� pp 3. City will withhold from Seller 4 96 /100ths Dollars (U-,004,00) of the purchase price in consideration of granting permission to Seller 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 December 13, 2003 will be considered abandoned by Seller and become the property of City and any costs incurred by City to remove and dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Seller on or before December 27, 2003, after any costs to remove and dispose of Seller's abandoned personal property is determined by City and offsets the Withheld Funds. 6. This Agreement grants a contractual right of entry to Seller and is not to be deemed in any way to create a leasehold estate. 7. Seller shall enter upon the Property with reasonable care and without damage to the Property. 8. City waives all claims for trespass arising from Seller's entry on the Property for the limited purpose of removal of personal property. 9. Any entry by Seller for any reason other than for the limited purpose of removing personal property shall be deemed a trespass. 10. City will not be liable to Seller, or Seller's family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Seller's entrance onto the Property to remove personal property, unless caused by the willful misconduct of City. 11. Seller agrees to waive and release City of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Seller's personal property, by reason of any and all risk perils, regardless of cause or origin. 12. Seller agrees to indemnify, defend, and hold City 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 Seller, or anyone directly or indirectly employed by Seller in connection with Seller's entry in Property for the limited purpose of removing personal property. SELLER: Karen M. Fischer CITY: 2 STATE OF MINNESOTA COUNTY OF HENNEPIN I ss. STATE OF MINNESOTA }' COUNTY OF HENNEPIN ss. Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Id P: \Attorney\ Saw\ Documents \CNH \CNH99.11291 - 001 - Access Agt.doc CLOSING STATEMENT (99.11291) DATE: December 8, 2003 PROPERTY ADDRESS: 5500 Winnetka Avenue New Ho e, Minnesota 55428 SELLER Karen M. Fischer PURCHASER: City of New Hope TIN: 41- 6008870 TERMS: Total Purchase Price: $200,000.00 Earnest Money: $0.00 Cash at Closing: $200,000.00 $200,000.00 $200,000.00 SELLER' COSTS: Abstracting and Searches: $604.00 ?7, !z/ E�j 3 5� --- Mortgage Payoff (Homecomings Financial): $53,906.72 Mortgage Payoff (Wells Fargo): - 2W.,2 4 6-1- Overnight Delivery Re: Mortgage Payoffs: $50.00 State Deed Tax: $680.00 *Real Estate Tax Adjustment: ($94.77) Recording Fee for Affidavit: $20.00 Recording Fee for Well Certificate: $30.00 Recording Fee for Satisfaction of Mortgage: $20.00 Escrow Re: Access M-r- ;888 -98 -/0 $83,462.10 PURCHASER'S COSTS: Title Insurance Premium: $687.50 Conservation Fee: $5.00 Recording Fee for Warranty Deed: $20.00 *Real Estate Tax Adjustment: $94.77 $807.27 CASH RECEIVED: Cash at Closing: $200,000.00 Purchaser's Costs: $807.27 $200,807.27 DISBURSEMENTS Old Republic National Title Insurance Co.: $1,291.50 Homecomings Financial: $53,906.72 Wells Fargo: $2:F, M t-5 Hennepin County Treasurer (Deed Tax): $680.00 Hennepin County Recorder: $75.00 Hennepin County Recorder $20.00 Jensen & Sondrall (Overnight Delivery (2)): $50.00 Karen M. Fischer: $116,537.90 Escrow Re: Access ,$1.,90LLIIp $200,807.27 jLr Real Estate Tax Adjustment: Seller's Obligation: 342/365ths Base Tax: Assessments Certified to Taxes: $1,408.91 $21.62 Paid by Seller: ($1,525.30) Credit due Seller: $94.77 SELLER: Karen M. Fischer PURCHASER: CITY OF NEW HOPE By: `?f Its: C��.r.,�; l�c��l��,•�.� S�c� ;�1, �— P: \Attomey\JLB \1- Client Folders \CNH \CNH9911291-008 - Closing Stmt.doe 12 -05 -2003 08:42 :59 Demands 8662386874 Mailing Address: Payoff Processing r PO Box 31557 8111ings, MT 59107 -1557 DEMAND STATEMENT THIS ACCOUNT HAS BEE Street Address: Payoff Processing MAC 86955.01 B 2324 Overland Ave. Billings, MT 59102 -6401 N FROZEN Friday, December 05, 2003 Fax: (763) 493 -5193 Attu: Janet B Jensen & Sondrall, P.a. 8525 Edinbrook Crssing #201 Brooklyn Park, MN 55443 Page 002 Customer: Karen M Fisoher Property Address Account#: 300- 300- 3526061 -0001 5500 WINNETKA AVE N NEW HOPE, MN 55428 Es N/A I Per your request, we submit our demand for the above account, Please confirm the payoff amount prior to remitting Hands. Payoff update requests may be faxed to Wells Fargo at (866) 238 -6874. Allow two business days for processing update requests. This quote is subject to the clearing of all funds in transit (credits or debits) regardless of source, Upon full payment the lien will be released to the appropriate county /state agency. You may deduct the Termination Fees, if assessed, from your remittance, by submitting proof with your payoff funds that the account has been refinanced by a 'bells Fargo affiliate. If you have questions regarding this fee, please call (866) 310 -1424. After 12/05/2003 additional interest will accrue at 54.34 per day to the date funds are actually received by us. This demand is only valid for 30 days from the date of this letter. If you wish to cancel this demand, please fax immediate notification to Wells Fargo at (866) 238 -6874. Payoff as of 12/05/2003 Current Principal Balance $27,427.44 Interest through 12/05/2003 $89.25 Insurance $12.84 Late Fees $0.00 Other Charges $0.00 Misc. Fees $0,00 Termination Fees $0.00 Subtotal $27,529.53 Lien Release & Recording Fee $0.00 Derr and Statement Fee $ 0.00 Fax Fee $0.00 Total Amount Due $27,529.53 IMPORTANT NOTICE To close this account, we must receive the payoff funds together with a copy of this statement, dated and signed by all accountholders, authorizing the closure of this line of credit. Submit payment and authorization to the mailing or street address shown above. IF THE SIONBD CLOSURE AUTHORIZATION IS NOT RECEIVED, OR IF REMITTANCE IS INSUFFICIENT TO PAY TEE ACCOUNT IN FULL, THE ACCOUNT WILL REMAIN OPEN AND THE LIEN, IF ANY, WILL NOT BE RELEASED. IIWE AUTHORIZE THIS WELLS FARGO LINE OF CREDIT TO BE CLOSED, Borrower Date Co- Borrower(if any) Date Prepared by: Wells Fargo Demand Processing Department HOPPERD UpdaLD ACCESS AGREEEMENT This Access Agreement (the "Agreement ") is dated effective the 8" day of December, 2003, and is entered into by and between Karen M. Fischer, a single person ( "Seller ") and the City of New Hope, a Minnesota municipal corporation ( "City ") contemporaneously with the closing of the sale of property from Seller to City on December 8, 2003 ( "Closing Date "). WHEREAS, Seller has not been able to fully remove her personal effects from the Property and has requested permission from the City for an additional five (5) days after the Closing Date to remove her personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the City, which includes the right of possession; and WHEREAS, City is willing to permit Seller access to the Property following the Closing Date for a period of five (5) days for the limited purpose of Seller removing Seller's personal property from the Property according to the terms and conditions contained herein; and NOW, THEREFORE, as an accommodation to Seller, the City is willing to grant a limited right of access as specified herein: 1. City agrees to allow Seller limited access to the Property following the Closing Date on December 8, 2003 for a period of five (5) days, terminating at 11:59 p.m. on December 13, 2003 for the limited purpose of Seller's removal of personal property from the Property. The personal property that Seller is entitled to remove does not include any fixtures or appliances, which shall not be removed by Seller. 2. Seller has retained a key to the Property and is authorized to utilize the key for a period terminating at 11:59 p.m. on December 13, 2003 for the limited purpose of accessing and removing Seller's personal effects. 3. City will withhold from Seller •98 /100ths Dollars ($4-,QQ4.-QO) of the purchase price in consideration of granting permission to Seller 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 December 13, 2003 will be considered abandoned by Seller and become the property of City and any costs incurred by City to remove and dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Seller on or before December 27, 2003, after any costs to remove and dispose of Seller's abandoned personal property is determined by City and offsets the Withheld Funds. 6. This Agreement grants a contractual right of entry to Seller and is not to be deemed in any way to create a leasehold estate. 7. Seller shall enter upon the Property with reasonable care and without damage to the Property. 8. City waives all claims for trespass arising from Seller's entry on the Property for the limited purpose of removal of personal property. 9. Any entry by Seller for any reason other than for the limited purpose of removing personal property shall be deemed a trespass. 10. City will not be liable to Seller, or Seller's family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Seller's entrance onto the Property to remove personal property, unless caused by the willful misconduct of City. 11. Seller agrees to waive and release City of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Seller's personal property, by reason of any and all risk perils, regardless of cause or origin. 12. Seller agrees to indemnify, defend, and hold City 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 Seller, or anyone directly or indirectly employed by Seller in connection with Seller's entry in Property for the limited purpose of removing personal property. SELLER: Karen M. Fischer CITY: THE CITY OF NEW HOM By: Its: 2 STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this 1, day of mBer, 2003, by Karen M. Fischer. N( 0 ta31 LINDA C. SWEASY Notary Public NOTAP° PU2LIC - MINNESOTA ' F MY COM.,,4ISSION EXPIRES JANUARY 31, 2005 STATE OF MINNESOTA SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this c7 day of NDYembe_r, 2003, by i� lie/ J`. 1k•,�a /�r ,j, the ; �( '1)'Ialld ,ei— , of the City of New Hope, a Minnesota municipal corporation, on behalf of s id municipal corporation. (Notary Public Seal) Notary Public VALERIE J. LEONE • - NOTARY PUBLIC - MINNESOTA „r My Commission Expires Jan 3 2 Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attomey \Saw \Documents \CNH \CNH99.11291 -001- Access Agt.doc 3 MINNESOTA DEPARTMENT OF HEALTH Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164-0975 (651) 215-0819 or 1-800-383-9808 Miller/Davis Co., St. Paul, MN MDH USE ONLY 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 LOT NUMBER BLOCK NUMBER ADDITION NAME HENNEPIN North 90 feet of of Lot 38 South 680 feet Auditor's Subdivision No. 226 STREET ADDRESS 5500 Winnetka Avenue North CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope Minnesota 55428 05-118-21-33-0003 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF City of New Hope ADDRESS ADDRESS 4401 Xylon Avenue North CITY STATE ZIP TELEPHONE New Hope Minnesota 55428-4898 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. l fl l dr_8-1�7 W, — C_ /011 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 this certificate is accurate and complete to the best of my knowledge. Signature of Buyer or Designated Representative of Buyer 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 $126. 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 INFORMAT ION 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 Lot 38, Auditor's HENNEPIN 05 118 21 Subdivision No. 226 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.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR licensed well sealing contractor, check the well status as not in use. 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 OF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR licensed well sealing contractor, check the well status as not in use. 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 KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 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 n licensed contractor. Information 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/d`isclosures/` HE- 01387 -09 IC #140 -0385 7/02 JS Form No. 3 -M - WARRANTY DEED Individual(s) to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $680.00 Date: December zo 2003 FOR VALUABLE CONSIDERATION, Karen M. Fischer, a single person, Grantor, hereby conveys and warrants to the City of New Hope, a Minnesota municipal corporation, Grantee, real property in Hennepin County, Minnesota, described as follows: The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220; 'subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto, Check box if applicable: o The seller certifies that the seller does not know of any wells on the described real property. ®. A well disclosure certificate accompanies this document, O 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. Karen M. Fischer STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this �_ day of December 2003, by Karen M. Fischer, a single person, Grantor. (Notarial Stamp or seal) -, 1ArtlaserpY�,len eh.2nos Notary Public e Check here if part or all of the land is Registered (Torrens) o THIS INSTRUMENT DRAFTED BY: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Tax Statements for the real property described in this instrument should be sent to: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 STATE OF MINNESOTA ) ) ss. AFFIDAVIT RE ARDING SELLER COUNTY OF HENNEPIN ) Karen M. Fischer, a single person, being first duly sworn, on oath says that: 1. She is the person named as Grantor in the document dated December record , 2003, as Document No. in the Recorder of Hennepin County, Minnesota. 2. Said person is of legal age and under no legal disability and for the last ten (i 5500 Winnetka Avenue North, New Hope, Minnesota 55428. 3. The social security number of said person 4. There have been no: a. b. 2003, and filed for rice of the County ) years has resided at: Bankruptcy, divorce or dissolution proceedings involving said personlduring the time period in which said person has had any interest in the premises described in the above document ( "Premises "). Unsatisfied judgments of record against said person, nor any actions ending in any courts which affect the Premises. C. Tax liens filed against said person. 5. 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 person has I tad any interest in the Premises, are not against the above -named person. 6. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named person, and specifically not that certain judgment in favo of Royal Insurance Company and Milwaukee Insurance Company dated February 24, 1995, d cketed February 24, 1995, as Case No. DCDJ95001689 in the amount of $32,470.54. 7. There has been no labor or materials furnished to the Premises for which payment has not been made. S. There are no unrecorded contracts, leases, easements, or other agreements or literests relating to the Premises 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. I 10. There are no encroachments or boundary line questions affecting the Premises) of which Affiant has knowledge. 11. This Affidavit is made as respects the following described property: The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of inducing the passing of title to the Premises. Karen M. Fischer Subscribed and (( sworn to before me this u day o ce her, 2_ ))p / Notary Public (Notarial Stamp or Sea]) �( STEVEN A SONDRA" • t NOTARYPUBLUJC- MINNESOTA My Conm E)#rw Jan. 31, 2005 o Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAmmeyULMI- Client Foldem%CNH%CNH99.11291- 004 - Affidavit Rc S4-d. MIlVNESOTA Department of Revenue Certificate of Real Estate Value PE - Buyers' lost nome(s), first, middle initial Address Daytime phone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 1 763 ) 531 -5100 Sellers' lost nomefs), first, middle initial New address Daytime phone Fischer, Karen M. i I Street address or rural route of property purchased City or township County 5500 Winnetka Avenue North New Hope Hennepin Dote of deed or contract Legal description of property purchased Ilot, block and plat, or attach 3 copies of the legal description) See Exhibit A attached hereto. Financial arrangements Total purchase price $200,000.00 Down payment $200,000.00 Points or prepaid interest paid by seller Was personal property such as furniture, inventory or equipment included in the purchase price? ❑ yes ❑ no If yes, describe below and list current (nor replacement) value. (Use the back of this page it needed.) $ IE Type of acquisition (check all that apply) related nd seller am relatives or ❑ TTra on involved the trade of O Byer is a unit of government ❑ Property is a gift or inheritance El Buyer is a religious or charitable F Condemnation or foreclosure organization transaction ❑ Payoff or resale of contract Type of property transferred (check all that apply) ❑ Land only © Land and buildings 1:1 Construction of o new building after January t of year of sale $ Total personal property current value: $ NIA ❑ Name added to or co-owner's name removed from deed (not a sale) ❑ Buyer purchased partial interest only ❑ Purchase agreement signed over two years ago. Year signed It Planned use of property (check one) ® Residential, single family If you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. ❑ Residential duplex, triplex ❑ Agricultural Commercial- industrial (number of acres): ❑Hype of business): Cabin or recreational Apartment building bra (noncommercial) El (number of units): ❑ Other (describe): qty Will this property be the buyers principal residence? ❑ yes E 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 rote Total number Date of any lump sum Assumed Contract deed amount at purchase principal and interest now in effect of payments (balloon) payments Mortgage for Deed ❑ ❑ ❑ ❑ I declare that the information on this form is true, correct, and complete to the best of my knowledge and belief. Nome (print or type) Signature Daytime phone Date ( ) Co ❑ C Yr Bit SD Yr Land eldg Tot Primary property identification # nT Acres Tillable CER CRP RIM Use Deed Yr Land Bldg Tor Good for study L yes 0 no if no, give reason / code X HC ST Adlc Adis Use Tillable EMV - Apt FM GA C 1 MV 12 MV ID Co CT PT Date T M 5 Stock No' 6000400 (Rev. 6196) DEPARTMENT OF REVENUE COPY Secondary parcel identification # Is d Are there mom porests@ ❑ yes ❑ no Put extra identificaFlOn numbers on back of this form. 816685 i TIN 41- 6008870 Stock No. 6000400 (Rev. 6/96) t 3 816685 DEPARTMENT OF REVENUE COPY