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IP #755_/ April 22, 2004 Mr. Ken Doresky City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 SUBJECT: Request for Final Relocation Payment Tenant Name(s): Martha Arens Project Site Address: 5440 Winnetka Avenue North Dear Ken: evergrecl-I LAND SERVICES Enclosed are two completed relocation claim booklets for Martha Arens. The above - referenced owner occupant has requested that the City of New Hope, provide her with the final relocation payment of $2,250.00 to cover her moving expenses. I have reviewed the supporting documentation, and by this letter recommend that the City of New Hope issue a final relocation payment of $ 2,250.00 bayable to Martha Arens This payment will finalize her relocation claim. I would appreciate your processing this request for the relocation payment at your earliest convenience. Martha has requested that you mail her final check to her. 'Please send to: Martha Arens 1387254 th Avenue North #2 Plymouth, MN 55446 Thank you for your assistance! Please feel free to call me at (651) 882 -0200 if you have any questions. Sincerely, Kari Klassen Relocation Consultant Encl. COMPANY Acquisition and Relocation Specialists 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 651- 882 -0200 888 - 411 -1134 Fax: 651-882-6564 City of 11' East r Area Project Owner Occupant Claim Moving Expenses and Replacement Housing Supplement April 2004 Martha Arens 5440 Winnetka Avenue North New Hope, MN 55428 PREPARED BY EVERGREEN LAND SERVICES COMPANY 4131 OLD SIBLEY MEMORIAL HIGHWAY SUITE 201 EAGAN, MN 55122 PHONE: (651) 882 -0200 /FAX (651) 882 -6564 Final Residential Relocations Claim Replacement Housing Payment 1) Summary of Relocation Claims 2) Documentation regarding Advance Partial Relocation Payment - NA 3) Copy of General Information Notice, Relocation Eligibility and 90 -Day Notice to Vacate. 4) Claim for Fixed Moving Cost 5) Claim for Replacement Housing Supplemental Payment. 6) Explanation of Replacement Housing Assistance Benefits and Supporting Documentation. 7) Claim for Incidental /Closing Costs 8) Release of Property. 9) Receipt for Relocation Information Guidebook. 10) Relocation Advisor's Certification of Claim. Resident (Claimant) Names: Martha Arens Project Site Address: 5440 Winnetka Avenue North, New Hope, MN Type and Date of Occupancy: Claimants have been owner - occupant of the project site since. Date of Eligibility for Relocation Assistance: November 19, 2003 Type of Payments Claimed Herein: Replacement Housing Benefits for 180 -day Homeowner Occupants. Summary of Eligible Relocation Benefits: Price Differential $ 19,500.00 Incidental Closing Costs $ 965.00 Moving Costs $ 2,250.00 Total Amount of These Claims: $ 22,715.00 Less "Advance" Payment Made by the $ 20,465.00 Department of Administration Total Due to Claimant $ 2,250.00 Make Payment to: Martha Arens Comments: Na November 12, 2003 Martha Arens 5440 Winnetka Avenue North New Hope, MN 55428 Dear Ms. Arens: Af 9! g r vc�k kz 2 ,k n The City of New Hope is in the process of acquiring the property you own at 5440 Winnetka Ave. North, New Hope, MN. The purpose of this acquisition project is for East Winnetka Area project. This notice is to inform you of your rights under Federal Law. If you are displaced for the project, you may be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Within these laws are procedures for relocation assistance. In order to explain the relocation process, the City of New Hope has contracted with Evergreen Land Services Company to meet with you. This is not a notice to vacate. Do not move now. You will receive a 90 -day written notice to move at a later date. Sincerely, 1 Kari Klassen Relocation Consultant LAND SERVICES COMPANY Acquisition and Relocation Specialists 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 651- 882 -0200 888 -411 -1134 Fax: 651 -882 -6564 AM December 16, 2003 Martha Arens 5440 Winnetka Ave N. New Hope, MN 55428 RE: Relocation Eligibility and Information Notice Project Name: East Winnetka Area Project Address: 5440 Winnetka Avenue North, New Hope, MN Dear Ms. Arens: This is NOTICE OF RELOCATION ELICIDILITY You have now receive' the City of New Hope's written offer to purchase the property you own at 5440 Winnetka Avenue North, New Hope, MN for the above referenced East Winnetka Area project. As we have discussed with you, it will be necessary for you to move after the City of New Hope acquires your property. However, you do not need to move now. You will not be required to move without at least 90 days advance written notice of the date by which you must vacate. And when you do move, you will be entitled to relocation payments and other assistance in accordance with Federal regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Uniform Act). To assist you in covering your costs of moving, you may choose either: (1) a payment for your documented actual, reasonable moving and related expenses, limited to a distance of 50 miles; or (2) a fixed payment based on the number of rooms you furnish and occupy. The fixed payment is computed using a schedule set forth by the Federal Highway Administration. Also, since you owned and occupied your home for at least 180 days prior to November 19, 2003 and you buy a decent, safe, and sanitary replacement home, you may receive a replacement housing purchase supplement payment to assist in covering the following costs: 1. Differential Amount - If you must pay more to buy a comparable replacement home than you receive for your present home, this differential amount will cover th difference up to certain limits. Further information is on the second page of this letter. 2. Incidental Expenses - This payment covers some of the costs incidental to the purchase and settlement of your replacement home. Examples of some eligible incidental costs are recording fees, appraisal fees, credit report fee, and title exam. 3. Increased Mortgage Interest Costs - This amount will help compensate for some of the additional interest costs that would be incurred if you have a mortgage on your present home and must pay a higher interest rate on the mortgage for your replacement home. It is calculated on the basis of "discounted present value ". If this benefit applies to you, CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 . www. ci.new- hope.mn.us City Hall: 763 - 531 -5100 • Police (non - emergency): 763 -531 -5170 ® Public Works: 763- 592 -6777 . TDD: 763- 531 -5109 City Hall Fax: 763 -531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763 - 592 -6776 further explanation will be provided when specific mortgage information is received on your present and replacement homes. Last resort housing provisions of the Uniform Relocation Act apply when a comparable replacement dwelling for a 180 -day homeowner occupant is not available within the statutory monetary limit of $22,500. These provisions state that Agencies shall have broad latitude in providing housing of last resort, but implementation shall be for reasonable cost. Some of the methods of providing replacement housing under last resort provisions include: (i) a replacement housing payment in excess of the statutory limits; (ii) rehabilitation of and /or additions to an existing replacement dwelling; (iii) construction of a new replacement dwelling, (iv) relocation and, if necessary, rehabilitation of a dwelling. Listed below are some comparable properties which are similar to your present living conditions, and which are currently available. These homes have been analyzed per the definition and requirements of a "comparable replacement dwelling" found in the Uniform Relocation Act regulations. (You will find this definition also in the Relocation Information Guidebook provided to you previously.) Address Asking Price Name Telephone # 1) 4725 Gettysburg Avenue $269,500 David Ingber 651- 603 -7055 North 2) 3301 Hillsboro Avenue $269,900 Kathryn M. 763 -557 -4500 North Hammerseng 3) 5536 Loring Lane, Golden $264,900 Ken Haasken 952- 448 -1861 Valley, MN We have chosen the first property at 4725 Gettysburg Avenue North, New Hope to use as your "comparable" dwelling in determining maximum replacement housing benefits described above. Since this "comparable" amount is more than you were offered for your present home, you may be eligible for a differential replacement housing payment up to $19,500.00. If you purchase or build a decent, safe, and sanitary replacement home which costs less than $269,500.00 or if the acquisition price for your present home is increased, the replacement housing price differential payment to which you would be entitled would be less than this maximum. When you met with Kari Klassen your Relocation Advisor, she provided you with a pamphlet entitled "Relocation Assistance Guidebook ". Please read the pamphlet carefully. It explains your rights and some things you must do to obtain relocation payments. For example, to receive a replacement housing payment either for purchase or rent, you must purchase or rent a decent, safe and sanitary home within one year after you move or receive your final acquisition payment, if later. Please do not commit to buying or renting a replacement home before you have discussed the home with your relocation advisor, because she will need to perform the required relocation inspection of the home. If you have any questions regarding this letter or your relocation benefits and procedures, please contact Kari Klassen at (651) 882 -0200. This letter is of importance to you and should be carefully filed for safekeeping. Sincerely, 4 Dola — ue Daniel J. City Manager CC. Ken Doresky, Community Development Specialist Kirk McDonald, Community Development Director Kari Klassen, Evergreen Land Services Company Encl. Martha Arens 5440 Winnetka Avenue North New Hope, MN 55428 RE: 90 -Day Notice to Vacate Project Name: East Winnetka Area Redevelopment Project Address: 5440 Winnetka Avenue North, New Hope, MN 55428 Dear Ms. Arens: As you know the City of New Hope is in the process of acquiring the property you occupy at 5440 Winnetka Avenue North, New Hope, MN 55428. This is a 90 -Day Advance Written Notice to inform you that you will be required to vacate the project site. However, you will not be required to move before May 27, 2004. You will receive another notice 30 days prior to the actual vacate date. As an occupant of the project site, you are entitled to relocation benefits. Our Relocation Consultant, Kari Klassen with Evergreen Land Services, will continue to assist you with your planning and preparation for your move. As always, we urge you to call Kari at 651- 882 -0200 with any questions or for other assistance. Sincerely, X 4 Z!�c Gl Daniel J. Donahue City Manager Cc: Ken Doresky, City of New Hope Kirk McDonald, City of New Hope Kari Klassen, Evergreen Land Services Company Steve Sondrall, City of New Hope Attorney CITY OF NEW MOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763 -592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 + Police Fax: 763 - 531 -5174 + Public Works Fax: 763- 592 -6776 CLAIM FOR MOVING COSTS Name: Martha Arens Project Name: East Winnetka Area County: Hennepin Owner: Martha Arens Address: 5440 Winnetka Avenue North City: New Hope, MN Approved Amount: $ 2,250.00 Approved: A ency Approved: ,location Consultant Date of Application Approved: Payment to: Martha Arens Receipted Bills Room basis: X If room basis - number of rooms: 16 $2,250.00 Dislocation allowance Included Residence from which you moved Apartment No. of Rooms House No. of Rooms Basement [7 Garage Was it furnished with your own furniture? Yes F1 No Name of Mover: NA Date of Move: NA Address: NA City: NA LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED: Address:13872 54` Avenue #2 City: Plymouth, MN 55446 I, the undersigned, do hereby certify that the above information is true and correct, and that any movers' receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I understand that falsification of any portion of this claim will result in its denial. a Signed: , �� Date: zW Fixed Moving Claim Name of Claimant(s): Martha Arens Project Site Address: 5440 Winnetka Avenue North, New Hope, MN According to the Federal relocation regulations, a displacee may choose to move his or her own personal property, including disconnection and reconnection of such, without providing the displacing agency with any type of documentation for the actual costs incurred. Under these circumstances the claimant is compensated by utilizing a payment schedule based upon the number of rooms actually furnished and occupied by the resident(s) being relocated. The Agency charged with the responsibility of interpreting the relocation regulations has indicated that the "room count" utilized in calculating this benefit may be increased to reflect extraordinary furnishings or additional areas with personal property to be moved such as garage space, basement rooms, and so forth, which are not reflected in an appraiser's typical room count. The Federal Highway Administration residential fixed move payment schedule is as follows: Moving Schedule The occupant provides furniture Rooms 1 2 3 4 5 6 7 8 Each Additional Room Amount $400 $550 $700 $850 $1000 $1150 $1300 $1450 $100 Applying this data to the above - referenced claimant, then, a fixed move benefit is calculated as follows: Number of "rooms" occupied and furnished by resident = (16). Number of rooms occupied but not furnished by Business Owner = (0). For total room count of 16, payment schedule = $2,250.00. The room count for purposes of this moving payment has been determined as follows: Kitchen, Dining Room, Bedroom (4), Living Room, Family Room (2), Laundry Room, Wood Shop (2), Shed, Garage (3) Evergreen Land Services Company recommends that the City of New Hope approve total payment of $2,250.00 to Martha Arens for their non - documented fixed moving costs. REPLACEMENT HOUSING CLAIM Name: Martha Arens Project Name: East Winnetka Area County: Hennepin Owner: Martha Arens Address: 5440 Winnetka Avenue North City: New Hope, MN Type of Acquisition: Total Take Acquisition Price: $250,000 Comparable Price: $269,500 Approved Amount: $ 19,500.00 Approved: Agenc Approved: '� Relocation Consultant Date of Application Approved: Payment to: Martha Arens Supplemental payment will be used to rent decent, safe and sanitary replacement home Supplemental payment will be used to upgrade the above home to meet decent, save and o sanitary requirements. I hereby request a supplemental payment for replacement housing and certify that I have been an owner - occupant of the above parcel and for at least 180 days immediately prior to the initiation of negotiations for the project site property. To the best of my knowledge, the replacement home meets the requirements for decent, safe and sanitary housing. As described in the homeowner relocation guidebook. Signed: .�''"�� �� �' �'� ..�..�� Date: 4'Z ✓ I certify that this site occupant has been relocated to housing that to the best of my knowledge meets the decent, safe and sanitary housing requirements as defined by the URA and established by local laws, ordinances or customs. Signed: Date: _ Relocation Consultant REPLACEMENT HOUSING BENEFITS FOR 180 -DAY HOMEOWNER OCCUPANTS Under the Uniform Relocation and Real Property Acquisition Act of 1970 as amended in 1987, displaced homeowners who meet the following criteria are eligible for a replacement housing payment: 1) Have owned and occupied their project dwelling for at least 180 days prior to the Agency's initiation of negotiations to acquire the dwelling, and 2) Purchase and occupy a decent, safe, and sanitary replacement dwelling within one year of the displacement date (or date of payment by the Agency through an eminent domain acquisition), and 3) File a written claim for payment within 18 months of the date of displacement. The statutory maximum replacement housing payment is $22,500; however, if that maximum amount is not sufficient to cover all eligible price differential, eligible increased mortgage interest, and eligible incidental (closing) costs, in order to complete the project the Displacing Agency will apply the "last resort housing" provisions of the Uniform Relocation Act. The last resort housing provisions permit the Agency to apply creative alternatives to replacement housing assistance, including increasing the replacement housing payment to cover those eligible costs, which exceed the statutory maximum, to ensure the project can proceed in a successful and timely fashion. The price differential component of the replacement housing payment is the difference between the Agency's acquisition price of the project site and either the actual cost of the chosen replacement dwelling or the cost of a "comparable replacement" dwelling, whichever is less. Research and study of available housing which is comparable to the project dwelling is undertaken by the Agency to establish the "comparable replacement" figure in the calculation. Detail of the comparable housing and referral information is provided to the displaced homeowner occupant via the Notice of Relocation Eligibility. (A copy of the applicable Notice is included in this claim booklet at Exhibit 2.) Increased mortgage interest costs are to assist displacees who will suffer a loss of favorable financing when selling the project property to the Agency. This replacement housing payment component is utilized only when the interest rate on the replacement dwelling exceeds the interest rate of the project dwelling. The payment is based on the lesser of the remaining term on the project mortgage or the new mortgage term and the lesser of the remaining balance on the project mortgage or the new mortgage amount. Debt service costs are also included but, again, are limited to the lesser of the unpaid mortgage balance on the project or the new mortgage amount. The third component of the replacement housing payment is reimbursement of incidental and closing costs associated with the purchase of the replacement home. Reasonable and necessary fees for items such as credit report, appraisal and housing inspection fees and pro -rated costs of loan origination, title insurance, and mortgage registration tax can be paid. Homeowner (Claimant) Names: Martha Arens Project Address: 5440 Winnetka Avenue North, New Hope, MN Replacement Address: 13872 54 Avenue North #2 Computation of Replacement Housing Benefits: 1) Price of Comparable Replacement Dwelling $ 269,500.00 2) Price of Actual Replacement Dwelling $ 319,600.00 3) Lesser of 1) or 2) $ 269,500.00 4) Acquisition Price of Project Dwelling $ 250.000.00 9) ELIGIBLE REPLACEMENT HOUSING BENEFITS REQUESTED IN THIS INITIAL CLAIM $ 20,465.00 Information on the comparable dwelling price is found at Exhibit 2 in the Notice of Relocation Eligibility. Documentation for the actual replacement dwelling price and estimated closing costs are the purchase agreement and Lenders Good Faith Estimate included with this Exhibit. A final claim will be submitted after the closing on the replacement home to request any additional eligible closing costs and to document actual eligible costs per the Settlement Statement. Evergreen Land Services Company recommends that the City of New Hope approve a replacement housing benefit for Martha Arens at this time in the amount of $ 20,465.00 PRICE DIFFERENTIAL PAYMENT / ANALYSIS OF COMPARABLE PROPERTIES Comparable Price $269,500 Project Price - $250,000 Difference = $19,500 Moving Expenses (self move) + $2,250 Estimated Closing Costs + $4,500 Total Benefit = $26,250 R/W Agent Kari Klassen Date 12-11-03 Subject Comparable Property #1 Comparable Property #2 Comparable Property #3 Price (appraised) $250,000 $269,500 $269,900 $272,430 Address 5440 Winnetka Ave North 4725 Gettysburg Ave No. 3301 Hillsboro Ave No. 5536 Loring Lane New Hope New Hope New Hope Golden Valley - city Date of Inspection 12 -5 -03 Style 1.75 Story Split lever Split Entry Split Entry Construction Average to Good Above Average Above Average Average Actual Age /Eff.Age 1952 1971 1969 1963 Condition EGF Average Above Average Average Average No. of Units 1 1 1 1 No. of Rooms 8 9 8 9 No. of Bedrooms 4 4 4 4 Bedrooms Required No. of Baths 2 2.5 2.5 2.5 Above Ground Finished sq ft 1,630 sq ft 1,980 sq It 1,548 sq ft 988 sq ft Below Ground Finished sq ft 236 sq ft 100 sq ft 1,068 sq ft 988 sq ft Total Finished Area 1,866 sq ft 2,080 sq ft 2,616 sq ft 1,976 sq ft Basement Full - finished Full - finished, Walk out Full - finished Full - finished Bsmt- Types of Fin. Rms. Family room, laundry, wood sho Family room, Bedroom, Office Family Room, Bedroom, Office Walkout Heat/Cooling Gas FA / CA Gas FA / CA Gas FA / CA Nat Gas FA / CA Fireplaces None One Two One Other Finished Space Garage 1 -attached 2 - attached 2 - attached 2 - attached Lot Size 21,000 sq ft 12,498 sq ft 13,050 sq ft 15,000 sq ft Neighborhood E/B Suburban Suburban Suburban Suburban Schools NA NA NA NA Public Transportation NA NA NA NA Church Less than 1 mile 2 miles 5 miles 8 miles Place of Employment NA NA NA NA Water 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Sewer 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Other Comments: " These amounts factored in to the comparable price - $3,000 - garage - $8,750 - above ground finished + $1,360 - below ground finished + $4,500 - acreage - $1,000 - fireplace - $3,000 - garage + $2,050 - above ground finished - $8,000 - below ground finished + $4,500 - acreage - $2,000 - fireplace - $3,000 - garage + $16,050 - above ground finished - $7,520 - below ground finished + $3,000 - acreage - $1,000 - fireplace Comparable Price $269,500 Project Price - $250,000 Difference = $19,500 Moving Expenses (self move) + $2,250 Estimated Closing Costs + $4,500 Total Benefit = $26,250 R/W Agent Kari Klassen Date 12-11-03 CLAIM FOR INCIDENTAL /CLOSING COSTS (Replacement Dwelling) Name: Martha Arens Project Name: East Winnetka Area County: Hennepin Owner: Martha Arens Address: 5440 Winnetka Avenue North City: New Hope Type of Acquisition: Total Take Approved Amount: $ 965.00 Approved: I ency Approved: A Relocation Consultant Date of Application Approved: Payment to: Martha Arens A. Loan Origination Fee B. Appraisal Fee C. Document Preparation Fee D. Flood Determination/Life of Loan Coverage E. Commitment Fee F. Settlement or closing fee G. Title Examination H. Lender's Title Insurance* I. Owner's Title Insurance J. Plat Drawing K. Name Search L. Courier Fee M. Recording Fees N. MN Hennepin Conservation Fee O. MN Recording Fee P. Mortgage Registration Tax to Hennepin Cty Treasurer INITIAL PAYMENT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $130.00 $0.00 $ 800.00 $0.00 $0.00 $0.00 $35.00 $0.00 $0.00 $0.00 $965.00 (See totals listed on Lender's Settlement Statement) *Pro -rated to project mortgage balance I, the undersigned, do hereby certify that the above information is correct to the best of my knowledge and that I have submitted by replacement home Settlement Statement to document the estimated costs I may incur relating to the purchase of my chosen replacement home. I understand that adjustments to the final payment for closing and incidental costs may be required based on actual costs incurred, which will be documented by my replacement home settlement statement. Signed: __ °2� -�.,_ -'' Date: --�� L. SETTLEMENT CHARGES PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT 700. Total Sales/Broker's Commission Based on Price Division of commission (line 700) as follows: 702. To 703. Commission paid at settlement tOCounselor Realty 8, 629.20 704 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. 801. Loan Origination Fee % 802, Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee to 807. Assumption Fee 808 809 810 811 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 901. Interest From to @$ /day 902. Mortgage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 904. yrs. to 1000. RESERVES DEPOSITED WITH LENDER 1001, Hazard Insurance mos. @ $ / mo. 1002. Mortgage Insurance mos. @ / mo. 1003. City property taxes mos. @ $ / mo, 1004. County property taxes mos. @ $ / mo. 1005. Annual assessment (Main.) mos. @ $ I mo, 1006. mos. @ $ 1007. mos. @ $ ! mo. 1008. mos. @ $ / mo, 1100. 1101. Settlement or Closing Fee 1102. Title Insurance Binder 1103. Title Examination 1104. Title Insurance Binder 1105. Document preparation 1106. Notary Fees 1107. Attorney's fees to includes above items No. 1108. Title Insurance includes above items No. 1109. Lender's Coverage $ 1110. Owners Coverage $ $ 1111 1112 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES. 1201. Recording Fees: Deed $ 35.00 Mortgage Release $ 1202. City /County Tax/Stamps: Deed Mortgage $ 1203. State Tax/Stamps: Deed Mortgage $ 1204 Conservation Fee 1205 1300. ADDITIONAL SETTLEMENT CHARGES. 1301. Survey to 1302. Pest inspection to 1303 Special Assessment Search 1304 Residue Certificate 1305 1400. TOTAL SETTLEMENT CHARGES (entered on lines 103and 502) 965.00 9,750.84 Certification: I have reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all recipts and disbursements made on my account or b me in transacts . I further certify that I have received a cop of HUD -1 Settlement Statement. Seller Borro er r To my knowledge, the HUD. 1 Settlement Statement is a we & accurate account of funds which were ftiwd and have been or !fl he disbursed by thV #Jaraisned m pan of the settkment of this transaction. Settlement Agent V Seller Seller's And/Or Purchaser's Statement: Seller's and Purchaser's signature hereon acknowledge his /their approval of tax proration and signifies their understanding that proration we based on taxes for the preceding year or estimates of the current year, and in the event of any change for the current year, all necessary adjusttmnts most be made between Seller and Purchaser, likewise any defaul in delinquent taxes will be reimbursed to Title Company by the Seller. Tide Company, in its capacity as Escrow Agent, is and has been authorized to deposit all funds it receives in this transaction in any financial institution, wether affiliated or not. Such financial institution may provide Title Company computer accounting and audit services directly through a separate entity which, if affiliated, with Title Company, may charge the financial institution reasonable; therefore, and retain any profits therefrom. Any esc fees paid by any party involved in this transaction shall only be for checkwriting and input to the computers, but not for aforesaid accounting and audit services on the earnest money shall be under no patty to invest or reinvest funds held by it at any time. Sellers and Purchasers hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Title Company has or may have other banking relationships and funber consent to the retention by Title Company and/or its affiliates of any and all benefits (including advantageous interest rates on loan). Title Company and /or its affiliates may receive from such financial institution by reason of said escrow accounts. The parties have read the above sentences, recognize that the recitations herein are material, agree to sarm and recognize Title Company is relying on the same. Seller Borrower 8 L 4, Her Page 2 of 2 Settlement Statement Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked ( "p.o.c. ") were paid outside the closing; they are shown here for information purposes and are not included in the totals. D. ame 0 orrower: Martha Arens Address: 13872 54th Avenue North E. Name of e er: The Rottlund CoEp - any, nc. a er : ress: Centre Pointe Drive, Roseville, MN F. Name of Lender: none Address: G. Property Location: 13872 54th venue North Address' Plymouth, MN H ettleme nt gent: tewart it le gent ress: Place of ett ement: e ott un ompan , rnc. Closing Date: Add ress - : Centre ointe r ve, osevi e, 4 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 101. Contract Sales Price 1 - 319 - .6 - 0 - 0. - 0 - 0140 102. Personal Property 1400. GROSS AMOUNT DUE TO SELLER: 1. Contract Sales Price 1402. Personal Property 319,600.00 103. Settlement charges to borrow (line 1400) 965.00 403 104 404 105 405 Adjustments For Iteins Paid By Seller In Advance: Adjustments For Items Paid For Seller In Advance: 106. City /town taxes to 406. City /town taxes to 107. County taxes 4/15/04 to 12/31/04 60.03 407. County taxes 4/15/04 to 12/31704 60.03 108. Assessments to 408. Assessments to 109 Association fees 760.72 409' 110 410 111 411 112 412 Gross Amount Due From Borrower: 1 321,385.75 Gross Amount ue o Seller: 1 319,660.03 201. Deposit or eamest money 202. Princi al amount of new loans) 203, Existing loan(s) taken subject to ,050.00 501. Excess de osit (see instructions) 502. Settlement char es to seller (line 1400) 503. Existing loan(s) taken subject to 7,050.00 9,750.84 2leating Credit L4 Carpet C205 504, Payof of 1st Mortgages 505. Pa off of 2nd Mortgage 206 506 207 507 208 508 209 509 Adjustments For Items Unpaid By Seller: Adjustments For Items U aid By Seller: 210. City /town taxes Specials Cert to 2004 510. City /town taxes 211. Count taxes to 2004 212. Assessments to Poe 511. County taxes to 2004 512 .Assessments pending Poe none 213 513 Escrow for completion 214 514 215 216 515 Special Assessments 516 Poe 218 518 220. Total Paid y or Borrower: 7,050.001520. Total Reduction In Amount Due Seller: 1 16,800.84 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO /FROM SELLER: 301. Gross amount due from borrower (line 120) 321,385.75 601. Gross amount due to seller (line 420) 319,660.03 302. Less amounts paid by /for borrower(line 220) 7,050.00 602. Less total reduction in amt due seller(line 520) 16,800.84 Cash Borrower: as Seller: SUBSTITUTE FORM 1099 SELLER STATEMENT- The information contained in Blocks E, G, H and i and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important tax information and is being furnished to the Internal Revenue Service, if you are required to file a return, a negligence penalty or other sanction will be imp on you if this item is required to be reported and the IRS determines that is has not been reported. SELLER INSTRUCTION -If this real estate was your principal residence, file form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of form 4797, Form 6252 and /or Schedule D (Form 1040). You are requued by aw to provide with your correct taxpayer i enti icanon number. If you do not provide wr you correct taxpayer i end matron num er, you may be subject to civil or criminal pen ties. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. Seller Seller Page 1 of 2 RELEASE OF PROPERTY This is to certify that I, Martha Arens, owner, am the sole occupant of the project site property at 5440 Winnetka Avenue North, New Hope, MN, until the City of New Hope acquired the property for the East Winnetka Area Project. I hereby give notice to the City of New Hope that I have vacated the project site property referenced above and relinquish all rights to property, real or personal, at this project site. Signature: ri -�� ( Date: i' `y RECEIPT FOR RELOCATION INFORMATIONAL BOOKLET Occupant Name: Martha Arens Project Site Address 5440 Winnetka Ave. North, New Hope, MN I, representing myself, and my family as occupants of 5440 Winnetka Ave. North, New Hope, MN have met and talked with a Relocation Consultant from Evergreen Land Services Company regarding the relocation assistance and benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended. I have received a copy of the booklet entitled "Relocation Assistance Guidebook" and have reviewed it. Any questions that I had have been addressed to my Relocation Consultant from Evergreen Land Services. I understand that documentation of costs is required to establish and approve any claim for relocation benefits. My signature on this receipt does not obligate me in any way. RELOCATION CONSULTANT CERTIFICATION I hereby certify the following: I have personally met with the project site occupants (claimants) and have reviewed the claim/payment documentation submitted by them. To the best of my knowledge the statements and documentation contained in this claim booklet, upon which the request and recommendations for payment are based, are true and correct. That I or a consultant with Evergreen Land Services Company has inspected the replacement dwelling chosen by the claimants for which the replacement housing benefits were claimed, as documented herein, and have found that such replacement dwelling meets the Uniform Relocation Regulation definition for decent, safe, and sanitary housing, determined to the best of our ability. A copy of the inspection report will be kept in Evergreen's files for this claimant. To the best of my knowledge and ability, the relocation assistance provided to these claimants, this claim for payment, and the recommendations made herein have been done in conformity with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended and the implementing regulations thereof. Neither myself nor the owner or other employees of Evergreen Land Services has a present or contemplated interest in the property involved or relationship to the occupant(s) or to the Displacing Agency staff and representatives. Neither the employment to provide relocation assistance services nor the compensation for the services are contingent upon the amount of relocation assistance provided and amount of eligible payment recommended herein. p � O � h t� \ngstrom Analytical, Inc. fi City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 May 11, 2004 '1 SS Re: - Property located at 5440 Winnetka, New Hope, MN. Dear Ken: 5001 Cedar Lake Road S. St. Louis Park, Mid 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 Further to our visit to the above referenced property on May 5th, 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that there are class one and class two non - friable asbestos containing building materials contained in or on the fabric of the structure. The non - friable asbestos containing materials are: 1. Approximately 800 -900 square feet of asbestos containing mastic in the basement and kitchen. 2. Approximately 1050 -1150 square feet of asbestos containing floor tile in the kitchen and 2 nd floor. 3. Approximately 70 -80 square feet of transite board in the basement and 2 nd floor bathroom.(This is a class two non friable material. Consequently, the material needs to be removed and properly disposed of prior to demolition.) No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report relates only to the residential structure located at 5440 Winnetka in New Hope, MN. 72 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of this survey approximately 1 thermostat (possible mercury containing switch), 3 smoke alarms, 1 furnace, 1 water heater, and 3 fluorescent lights with associated ballasts were noted. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry From the asbestos stand point the structure is ready to be demolished, only after all of the above listed class 2 non - friable materials are removed from the property. If the category 1 non - friable materials are allowed to be left in place for the demolition, the landfill must be made aware that the demolition debris will contain (minimal amounts of) category 1 non - friable asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). Note this survey is not a scope of work or a bidding document. If you have any questions, please call me at the number above. Thank you. Sincerely, Steve Wallinga Angstrom Analytical, Inc. Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road • St. Louis Park, MN 55416 Office: (952) 252 -0405 • FAX: (952) 252 -0407 ` ngstrom Analytical & Environmental Services 11, Building Name: 5440 Wmnetka Avenue North PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis New Hope, Minnesota Survey Date: May 5 th 2004 PD = potential for damage TREM = Tremolite NS = material not sampled N = little or no damage CHR = Chrysotile NAC = material not accessible Project No. City of New Hope D = moderate damage AM = Amosite < = less than value specified Attn: Ken DOresky SD = significant damage CROC = Crocidolite = These samples were not analyzed. These results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinohte New Hope, Minnesota 55428 SF = square foot ANTH = Anthophyllite Sample Types of Damage Response Location Material Identification Number Asbestos % Quantity Units Cond. Potential Rating Roof Shingles/Tarpaper 1 -3 ND - 1500 -1600 SF N PD 0 Exterior Stucco 4 -6 ND - 1800 -2000 SF N PD 0 Garage Roof Shingles/Tarpaper 7 -9 ND - 160 -170 SF N PD 0 Basement 12x12 Floor Tile 10 -12 ND - 450 -500 SF N PD 0 " Floor Tile Mastic 13 -15 CHR 2 -3 450 -500 SF N PD 1 " Transite Wall Board 16 -18 CHR 15 5 -10 SF N PD 1 " Vibration dampener 19 -21 ND - 2 EA N PD 0 " Wall Texture 22 -24 ND - 350 -400 SF N PD 0 " Sheetrock/Tape /Compound 25 -27 ND - 350 -400 SF N PD 0 " Ceiling Plaster —skim 28 -30 ND - 375 -400 SF N PD 0 " Ceiling Plaster —base 31 -33 ND - 375 -400 SF N PD 0 " Wall Adhisive 34 -36 ND - 450 -500 SF N PD 0 " Wood Stove Gasket 37 -39 ND - 3 LF N PD 0 Kitchen 9x9 Floor Tile 40 -42 CHR 5 350 -400 SF N PD 1 " Floor Tile Mastic 43 -45 CHR 2 -3 350 -400 SF N PD 1 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Page 1 Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road - St. Louis Park, MN 55416 Office: (952) 252 -0405 - FAX: (952) 252 -0407 � n sEtrom Analytical & Environmental Services Building Name 5440 Winnetka Ave. N. PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis New Hope, Minnesota Survey Date: May 5 2004 PD = potential for damage TREM = Tremolite NS = material not sampled N = little or no damage CHR = Chrysotile NAC = material not accessible Project No . City of New Hope D = moderate damage AM = Amosite < = less than value specified Attn: Ken Doresky SD = significant damage CROC = Crocidolite = These samples were not analyzed. These results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinolite New Hope, Minnesota 55428 SF = square foot ANTH = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating Bathroom Ceramic Tile Floor Thinset 46 -48 ND - 35 -40 SF N PD 0 2nd Floor 9x9 Floor Tile 49 -51 CHR 2 -3 700 -750 SF N PD 1 " Tarpaper layer 52 -54 ND - 700 -750 SF N PD 0 2 ° Fl Bath Transite Wall Board Ref 16 -18 CHR 15 65 -70 SF N PD 1 Throughout Plaster —skim coat 55 -57 ND - 3000 -3200 SF N PD 0 " Plaster —base coat 58 -60 ND - 3000 -3200 SF N PD 0 " Sheetrock 61 -63 ND - 3000 -3200 SF N PD 0 Exterior Tarpaper 64 -66 ND - 1800 -2000 SF N PD 0 Throughout Window Glaze 67 -69 ND - 20 EA N PD 0 Bathroom Thinset from Samples 46 -48 70 -72 ND - 35 -40 SF N PD 0 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Page 2 4 \ x0 u x n9strom Analytical, � 0 Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Pax: (952) 252 -0407 ANALYSIS OF BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT MICROSCOPY (PLM) for: City of New Hope Attn: Ken Dorsky 4401 Xylon Avenue North New Hope, MN 55428 -4898 (Client Job or reference: Number of samples: 5440 Winnetka Ave N 73 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim Method #600/M4 -82 -020 (polarized light microscopy with optional dispersion staining). The method defines an asbestos - containing material as one that contains greater than 1 asbestos by weight, and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non fibrous forms of minerals are discernible macroscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >I0; non -fibrous amphiboles are generally those whose mean aspect ratios are approximately <6 During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non fibrous categories. That non -fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used. PERCENTAGE REPORTING The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from comparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50 %. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point- counted, according to the EPA Interim Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more than one apparent type of material or layer, the percentage of each fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested and may not, due to the sampling process, be representative of the material sampled. - - -- - --------------------- - - - - -- ----------------------- -------------- - - - - -- -Date: May 11, 2004 Steve Wallinga, Angstrom nalytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry A A A • *I ZZ141 we] CLIENT Project Location Results Via Data Entry Approved By City of New Hope Report Project # Analyst CLIENT ADDRESS Client/Receiving # Attn: Ken Doreskey Date Rec'd Analyzed 4401 Xylon Ave N Assigned/Lab # New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 * AA/PLM/1 Analytical Ar%fl r-M 1,strom Analytical 5001 Cedar Lake Road St. Louis Park, Mn 5541 A A A A . CLIENT City of New Hope Project Location Results Via Report 6 11�v Data Entry Approved By Project # Analyst Date Rec'd Analyzed Date Mailed Phoned CLIENT ADDRESS Attn: Ken Doreskey 4401 Xylon Ave N New Hope, MN 55428-4898 763-531-5137 Fax # 763-531-5136 Client/Receiving # 06 Assigned/Lab # Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLIVI/1 : - 1 0 0 T : I •I• I ',a 0 CLIENT City of New Hope P roject Location 'jj�)4 AA, Results Via Report Data Entry Approved B Project# Analyst Date Rec'd Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 1—al 4401 Xylon Ave N New Hope, MN 55428-4898 763-531-5137 Fax # 763-531-5136 Date Mailed Phoned Assigned/Lab # —1 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 CLIENT Project Location Results Via 6 0�1 ? 17 Data Entry Approved By,", City of New Hope �qyo A Report Project# Analyst Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # ;1 3 6-) Date Rec'd .L�--,f 4401 Xylon Ave N Assigned/Lab # New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 01 — Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 * AA/PLM/1 Analytical Angstrom AnOl"Cal 5001 Cedar Lake Road St. Louis Park, Mn 55416 A A CLIENT Project Location Results Via Data Entry Approved By.-Y �91 City of New Hope 6546 / Report Project# Analyst Date Rec'd Analyzed S & —0 CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 6 4401 Xylon Ave N Assigned/Lab # New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road * St. Louis Park, IVIN 55416 - AA/PLM/1 CLIENT Project Location Results Via Data Entry Approve y,- City of New Hope Vv��O+ Ate M. Report Project# Analyst Date Rec'd —6q Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # S4 4401 Xylon Ave N Assigned/Lab # New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 .e CLIENT Project Location Results Via Data Entry c������' Approved B 7 City of New Hope 564D fJ A1t46- - /'J, Report Project # T Analyst CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # `mil s - -, Date Rec'd Anal zed y 4401 Xylon Ave N Assigned /Lab # �� New Hope, MN 55428 -4898 Date Mailed Phoned 763 - 531 -5137 Fax # 763 - 531 -5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM /1 Analytical An gstrom Analytical 5001 Cedar Lake Road "I Z St. Louis Park, Mn 554 16 M-1 4*3 0 a i i : W CLIENT Project Location Results Via Data Entry Approved By City of New Hope Wk A- ALQ /i Report Project DateRec'd A na lyst Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 67q - (C' 4401 Xylon Ave N Assigned/Lab # — C) — � ' New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 Ot Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 o � �." ngstr®rn Analytical, Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: - Limited Scope Lead -Based Paint Testing Report This report provides the results of a limited scope lead -based paint testing conducted on May 5, 2004 at 5440 Winnetka Avenue North in New Hope, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect deteriorating lead -based paint by using a field portable x -ray fluorescence (XRF) analyzer, and to collect and analyze paint chip samples, as necessary, to achieve conclusive results. Results Results of XRF and laboratory analysis are summarized in the following report, which lists all components exceeding Department of Housing and Urban Development (HUD) thresholds (see remarks) for lead -based paint. Complete XRF field data showing all samples results are attached. Methodology Testing was accomplished using a Niton XL -309 (300 Series). This instrument is a portable, non - destructive, in -situ testing and measurement instrument that renders an average precision of +/- 0.3 milligrams per square centimeter (mg /cm depending upon the length of time the sample point is tested. Specific precision limits are established by the National Institute of Standards and Technology (NISI). This instrument contains a radioactive isotope, Cadmium -109, with a maximum activity of 10 m Ci. The manufacturer of the sealed source is Niton Corporation, the source model is XFB3205. This instrument is registered with the Minnesota Department of Health and is operated by licensed lead inspectors. Sampling protocols recommended in HUD's "Lead -Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing." May 1991 revision, were used to determine the presence or absence of lead -based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Remarks The Lead -Based Paint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead -based paint hazards equal to or greater than 1.0 mg /cm or 0.5 percent by weight must be abated. Standards for private or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need further assistance, please call us at the number above. Sincerely, Steve Wallinga Angstrom Analytical, Inc. May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Summary of Findings Lead -Based Paint Screening by XRF The scope of our services was limited to the detection of lead -based paint through the use of a portable XRF at 5440 Winnetka Avenue North in New Hope, Minnesota. All measurements are mg /cm2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Location & Material Results D �ngstrorn Analytical, Inc. 5001 Cedar Lake Road S. o St. Louis Park, MN 55416 1) Varnished Window Trim Office: (952) 252 -0405 Fair Fax: (952) 252 -0407 0.0 Intact May 10, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Summary of Findings Lead -Based Paint Screening by XRF The scope of our services was limited to the detection of lead -based paint through the use of a portable XRF at 5440 Winnetka Avenue North in New Hope, Minnesota. All measurements are mg /cm2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Location & Material Results Condition Living Room 1) Varnished Window Trim 0.0 Fair 2) Varnished Window Trim 0.0 Intact 3) White Door Jamb 0.0 Fair 4) Varnished Wood Door 0.0 Poor Kitchen 5) Varnished Wood Window Sill 0.1 Intact 6) Varnished Wood Window Sash 0.0 Intact 7) Cladded Window Well 1.8 Intact 8) White Window Stop 2.4 Intact 9) Varnished Window Trim 0.0 Intact 10) White Window Sash 4.1 Intact Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Basement 12) White Cement Wall 0.0 Fair 13) White Window Sash 0.4 Fair Garage 14) Stucco 0.0 Fair 15) White Pedestrian Door Jamb 3.0 Intact 16) White Pedestrian Door Trim 2.4 Intact 17) White Pedestrian Door Jamb 3.2 Intact 2 ° Floor Cladded Door Trim 3.4 Intact 18) White Window Stop 0.0 Fair 19) Blue Sheetrock Wall 0.1 Fair 20) White Sheetrock Ceiling 0.0 Fair Exterior 21) Cladded Window Trim 1.8 Intact 22) Beige Stucco 0.0 Intact 23) Brown Basement Window Trim 2.6 Fair 24) Brown Deck 0.0 Fair 25) Cladded Door Trim 3.4 Intact Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry (Above Reserved For Recording Data) STATE OF MINNESOTA ) ss. AFFIDAVIT REGARDING TRUST COUNTY OF HENNEPIN ) Martha C. Arens, being first duly sworn, on oath says that: 1. She is the Trustee of The Arens Family Trust U/A dated May 2, 1991, the Trust named as Grantor in the document dated April 12, 2004, and filed for record , 2004 as Document No. in the office of the County Recorder of Hennepin County, Minnesota. 2. Said Trust's principal place of business is at 5440 Winnetka Avenue North, New Hope, Minnesota, which has been the principal place of business for the Trust since the date of its inception. 3. There is no tax identification number for the Trust; and the social security number for the Trustee is 4. There have been no: a. Bankruptcy proceedings involving said Trust or Trustees thereof, or dissolution proceedings involving said Trust, during the time said Trust has had any interest in the premises described in the above document ( "Premises "). b. Unsatisfied judgments of record against said Trust, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said Trust. 5. Any bankruptcy or Trust dissolution proceedings of record against Trusts or persons with the same or similar names, during the time period in which the above -named Trust has had any interest in the Premises, are not against the above -named Trust or Trustees thereof. 6. Any judgments or tax liens of record against Trusts with the same or similar names are not against the above -named Trust. 7. There has been no labor or materials furnished to the Premises for which payment has not been made. 8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. 9. There are no persons in possession of any portion of the. Premises other than pursuant to a recorded document. There are no Pncrnachments Or bc.• -- ary ;•__ :�__..�..y �;.,� questions affecting the Premises of which Affiant has knowledge. 10. This Affidavit is made as respects the real property legally described as follows: North 70 feet of South 520 feet of Lot 38, Auditor's Subdivision Number 226, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of inducing the passing of title to the Premises. Martha C. Arens A_ Subscribed and sworn to before me this 0 day of 2004����� Notary Public (Notarial Stamp or Seal) s STEVEN A SQMQRALL NOTARY PUBllC °MINNESOTA N'lY Caetni_ E�Iree JeeL 31, zoos e Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:kAWmeyULB \1 -Cliem rvlders\CNH \99-1 1292 \99.11292 -OO6- Affidavit Re T u dx �5� Mi11erJDavis 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 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT © Copyright 1996, 1997, 2002 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota Statf Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on by and between 2 Martha Ar Ttee Ar n,Family Trust �A1'�C b k xxxxxxxxxxxxxxxxxxxx 3 of [seller's addressJ 5440 Winnetka Avenue North New Hope Minnesota 55429 , SELLER, and 4 the City of Nrw Hoar, a Minnesota municipal corporation , X90(0(XXWts [strike joint tenants" if tenancy -in- common 5 is intended] of [buyer's address] 4401 Xylon Avenue North New l4 zne Minnesota 55429 _ BUYER. 6 7 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: 8 North 70 feet of Cnuth S20 feet of tot 39 A oditnr's C�bdivicion Nr mhe.L276., Henneptn Coin 4innesota _____. 9 10 11 [Property Tax Identification Number or Tax Parcel Number 05- 119 -21 -33 -0015 ] 12 13 located at 5440 Winnetka Avenue North City of New Hone 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] April 2004 is and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included]: garden bulbs, plants, shrubs, trees, storm 22 windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain - traverse - drapery rods, attached lighting fixtures with 23 bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in 24 humidifiers, built -in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, 25 water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, 26 installed carpeting, work benches, security systems, and also the following property: 27 26 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:] ❑ Seller shall use M.S.B.A. Real Property Form No. 90 (V97), Warranty Bill of Sale. 31 � ki 32 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred = d and 001100 33 34 Dollars ($ 000.00 ), which Buyer shall pay as follows: 35 36 Earnest money of $ 000 by VCX31K ICXK)K, ZXIE - state which] payable to 37 [select one:] 39 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 H Other [describe how the earnest money will be held] 42 43 receipt of which is hereby acknowledged and $ 250,000.00 cash, on the DATE OF CLOSING, and 44 the balance of $ 0.00 by financing as shown on the attached !Financing Addendum 45 46 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined 47 in by spouse, if any, conveying marketable title of record, subject to: 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 / R9J0GXK ( 58 T)49XK l'A XW-WMZXDGEN ETl (in which case the party entitled to a credit as a result of the adjustment shall receive 59 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and payable in the 60 year(s) 2004 will be FULL, T, KA - homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following dosing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration within 62 the time required by law. If the taxes due and payable in the year of closing are PART or NON- homestead classification, Seller shall pay to Buyer 63 at closing $ , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year 64 following dosing are PART or NON- homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing $ as Seller's share of such taxes. 67 68 [Strike one :] (l�IIX�ti'�A��f't'�CIS�1xG / 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.] F3X*X)tAKX*X M / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike one:] (3I *XYhXK)AY6KM / 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- eo surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; s1 C. or Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. Miller/Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 2 82 [Strike one.] KXMXK / 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. Seiler makes no representation concerning the amount of future 86 real estate taxes or of future special assessments. 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 155 166 167 168 169 170 171 172 173 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 10. CONDITION OF PROPERTY. A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows: _ C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any action based upon these warranties and representations must be commenced within two years after the date on which the buyer closed on the purchase of the real property. D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the property inspected. E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a written disclosure [see (1) below), or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive the written disclosure requirements [see (3) below]. Minnesota Statutes Section 513.57, Subd. 2. LIABILITY.A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property. ( [ select only one of these three. u (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. Subdivision 1. CONTENTS. (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The disclosure must include all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely and significantly affect: (1) an ordinary buyer's use and enjoyment of the property; or, (2) any intended use of the property of which the seller is aware. (b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure. Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seller learns that the seller's disclosure required by section 513.55 was inaccurate. Subdivision 2. FAILURE TO NOTIFY; LIABILITY.A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision I is liable to the prospective buyer as provided in section 513.57. (2) Inspection Report. Buyer has received an inspection report by a qualified third - party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third party in order to prepare the written report. (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) if a copy of the report is provided to the seller. FVJ 1=1 (3) Waiver of Disclosure. Minnesota Statutes Section 513.60. WAIVER. The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, limit, or abridge any obligation for seller disclosure created by any other law. Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. SELLE /' �¢ / BUYE Martha C. Arens, Trustee, The Arens Family Trust W. Peter Erick, Mayor, City of New Hope SELLE BUYER te nir2 'Daniel J. Donadue, City Manager, City of New Hope Miller /Davis Co., St Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT! PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This 176 paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 177 178 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 179 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as 180 to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, 181 special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the 184 municipality In which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than the date of closing. All interest, fuel oil, liquid petroleum 187 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of She of cloning ._______ 188 189 KdiKdf:Yr6 �d€% 9' fdFSf1�t7SiC? �iMH�frJCSttgrX 190 XXii 7C§d4Ai WtXS8t �4MK76cYX4GX�7idCR L #Ak�irrL'RA'dC#.ttS9F 't7037t6g7(aXd6ltiC�3LXXJe16t{ x 191 Ail#% 7t�X0' �XI�X�r7 rt��14Aid{ 7hYd. �E�UPL> �} F ;�PkFt'Y 192 3J%XKXdbXKXXXKAff X)93tW{8t d(X K=K)W=NM M7 141kXR�Fif3tdtX�}5 YeTfSr�i5x7tK8C7Gli&CASLWC ilf�PLX 193 h9�% �757GNKW743t }i�;Y9'l�dtilG2fiXXdj]63CH 715X 'r�'iXOF�H7YdCK�l:�5lf3f�Xdt' EGA§ 1fi�C�d6LX�drdCiW47f1�C8ffil i' XBKfiF. � �i�Il }t'Xftb 194 X 195 NX&KXKX 196 XX 197 XXXXXXXxxXXXXXXXXXX * SEE ADDITIONAL TERMS 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written fitle objections to make title marketable. 200 Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within 201 the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not 202 delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein 203 and the dosing shall be postponed. 204 A. If notice is given and Seiler makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 205 Ub has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place 206 within ten (10) business days or on the scheduled closing date, whichever is later. 207 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, 208 Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and 209 earnest money shall be refunded to Buyer. 210 C. if Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made 211 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 212 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 213 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be 214 limited to the cost of curing objections to title, and consequential damages are excluded); or 215 (b) Undertake proceedings to correct the objections to title; 216 2. Rescission of this Purchase Agreement by notice as provided herein, in which rase the Purchase Agreement shall be null and void and all 217 earnest money paid shall be refunded to Buyer, 218 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 219 4. Specific performance within six months after such right of action arises. 220 D. If fide is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of 221 the following options, as permitted by law: 222 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note 223 given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 224 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: 226 1. Seek damages from Seller including costs and reasonable lawyer's fees; 227 2. Seek specific performance within six months after such right of action arises. 228 229 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, 230 if mailed, are effective as of the date of mailing. 231 232 17. SUBDIVISION OF LAND. if this sale constitutes or requires a subdivision of land owned by Seller. Seller shall pay all subdivision expenses and 233 obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be 234 approved for recording as of the Date of Closing. 235 236 18, MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 237 238 19. WELL DISCLOSURE. [Check one of the following:] 239 Seller certifies that Seller does not know of any wells on the real property. 240 .Z Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 [Chet either A or B:] 244 V A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for 245 example, a city or municipal sewer system). 246 _ B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency 247 and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 (Check either C or D:] 249 C. Seller does not know if there is an abandoned individual sewage treatment system on the property. 250 D. Seller knows that there [strike one:] are / moo abandoned individual sewage treatment systems on the property If Seller 251 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the 252 location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map 253 completed.] 254 21. LEAD PAINT DISCLOSURE. [Check one of the following:] 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop- erty, 257 attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 258 259 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if any, 260 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 r these concerns. [Check the box if the following provision [] ADDENDUM Y 9 9 9 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 2e3 included as an addendum to this Purchase Agreement. 264 265 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and 266 delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 11 8-M) Affidavit of Seller. 267 Miller /Davis Co., St Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. i 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. 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 (State other location:] New Hope City Hall, 4401 Xyloa Avenue North, New Hope, At dosing, 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:—* 26. ADDENDA. Attached are 3 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. rime is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seiler and Buyer have signed [number] 3 originals of this Purchase Agreement. I agree to sell the property for the price and terms and conditions set forth above. SEL // LER L`jf l fJ(' Martha C�'Arens, Trustee, The Arens Family Trust (date) TIN: SELLER (date) I agree to purchase the property for the price and terms and conditions set fo bov BUYER: W. Peter Erick, Mayor (date) City of N Hope BUYE Danie J. Donahue, City Manager / (date) City of New Hope Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesot a 55443 (763) 424 -8811 This Purchase Agreement was prepared by: Others who will assist Seller or Buyer with this transaction: Lawyer For Buyer Telephone: Facsimile: (763) 424 -8811 (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. ESHIBIT "B" PRICE DIFFERENTIAL PAYMENT / ANALYSIS OF COMPARABLE PROPERTIES Subject Comparable Comparable Comparable ! Property #1 Property #2 Property #3 Price (appraised) $250,000 I $269.500 S269.900 S272,430 Address 5440 Winnetka Ave 4725 Gettysburg Ave 3301 Hillsboro Ave I 5536 Loring Lane North No. No, City New Hope New Hope New Hope Golden Valley Date of Inspection 12 -5 -03 Style 1.75 Story Split lever Split Entry Split Entry Construction Average to Good Above Average Above Average Average Actual Age /Eff.Age 1952 1971 1969 1963 Condition EGF Average Above Average Average Average No. of Units 1 1 1 1 No. of Rooms 8 g 8 9 No. of Bedrooms 4 4 4 4 Bedrooms Required - No. of Baths 2 2.5 2.5 2.5 Above Ground 1,630 sq It 1,980 sq it 1,548 sq ft 988 sq ft Finished sq ft Below Ground 236 sq It 100 sq It 1,068 sq ft 988 sq ft Finished sq ft Total Finished Area 1,866 sq It 2,080 sq It 2,616 sq it 1,976 sq ft Basement Full - finished Full - finished, Walk Full - finished Full - finished out Bsmt- Types of Fin. Family room, Family room, Family Room, Walkout Rms, laund , wood shop Bedroom, Office Bedroom, Office HeatfCooling Gas FA f CA Gas FA / CA Gas FA / CA Nat Gas FA / CA Fireplaces None One Two One Other Finished Space Garage 1 - attached 2 - attached 2 - attached 2 - attached Lot Size 21,000 sq ft 12,498 sq It 13,050 sq It 15,000 sq ft Neighborhood E/B Suburban Suburban Suburban Suburban Schools NA NA NA NA Public Transportation NA NA NA Church Less than 1 mile 2 miles 5 miles NA 8 miles Place of Employment NA NA NA Water 1. Type 2. 1. City 1. City 1. City NA Ade uate 2. Yes 2. Yes 1. Ci Sewer 1. Type 2, 1. City 1 city Ctty 1. OtherComments: . 2. Yes City 2. Yes - $3,000 - garage - $3,000 - garage $3,000 - garage ° These amounts _$8 - above + $2.050 - above _ + $16,050 - above factored in to the ground finished + $1,360 below ground finished ground finished comparable price - ground finished - $8,000 - below - $7,520 - below + $4,500 - acreage ground finished + $4,500 - acreage ground finished + $3,000 - acreage - $1,000 -fire lace - $2,000 -fire lace - $1,000 -fire lace Comparable Price $269,500 Project Price - $250,000 Difference = $19,500 Moving Expenses (self move) + $2,250 Estimated Closing Costs + $4,500 Total Benefit = $26,250 R/W Agent Kari Klassen 03 Date 12 -11- Miller/Davis Co. m St Paul, MN 651-642-1988 Date Page Addendum to Purchase Agreement between parties dated pertaining to the purchase and sale of the property at 5440 Winnetka Avenu North New Rope Minnesota 55429 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) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): R Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). 9 Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. (b) Records and reports available to the seller (check one below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards (If checked, see Section R 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. Martha C. Arens, Trustee, The Arens Family Trust W. Peter Erick, Mayor, City of New Hope Seller Date Purchaser Date Seller Date mm­ Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2000, Minnesota Association of REALTORS®, Edina, MN 1/ 71 Daniel J. Donahue, City Manager, City of New Hope Purchaser I Date Real Estate Licensee Date Real Estate Licensee Date Section n: 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 6=1* dement 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 spec 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 -90ow"'" WELL DISCLOSUF This form approved by the N REALTORS ®, which di arising out of use or in © 2003, Minnesota Association 1. Date 2. Page 1 of 2 Pages: 3. ATTACHED HERETO AND t o. ® St Paul, MN 851 - 842.1988 orm 1519WD (ttcv. 10/03) !STATEMENT inesota Association of laims any liability use of this form. REALTORS®, Edina, MN IE REQUIRED MAP IS )E A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, Seller 5. must disclose information in writing to the Buyer about the status and location of all known wf Its on the property. This 6. requirement is satisfied by delivering to the Buyer either a statement by the Seller that the eiler does not know of 7. any wells on the property, or a disclosure statement indicating the legal description and cou ity, and a map showing 8. the location of each well. in the disclosure statement the Seller must indicate, for each we I, whether the well is in 9. use, not in use or sealed. % Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sa e, a Seller who fails to 11. disclose the existence or known status of a well at the time of sale and knew or had reason to know of the existence 12. or known status of the well, is liable to the Buyer for costs relating to sealing of the well and r aasonable attorney fees 13. for collection of costs from the Seiler, if the action is commenced within six years after the date the Buyer closed the 14. purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer i advised to contact the 16. local unit(s) of government, state agency, or qualified professional which regulates wells for rther information about 17. these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 5440 Winnetl as Avemre North New Hope _55428.. _ Hennpi City Zip County 21. 22. 23. 24. LEGAL DESCRIPTION: 25. WELL DISCLOSURE STATEMENT 26. Check the appropriate box.) 27. The Seller certifies that the Seller does not know of any wells on the above described r eal property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. R1 The Seller certifies that the following wells are located on the above described prope . 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31. Well No. Depth Conty. Type USE 32. Well ❑ ❑ 33. Well ❑ ❑ ❑ 34. Well ❑ ❑ ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: Test results attached? YesO No0 41. Comments: 42. Contaminated Well: Is there a well on or serving the property containing contaminated water? Yes= No= 43. SEALED WELL INFORMATION 44. For each well designated as sealed above, complete this section. 45. When was the well sealed? 46. Who sealed the well? 47. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes[ No= 48. MAP 49. Complete the attached MAP showing the location of each well on the real property. 50. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any 51. partyres in this transaction, and is not a substitute for any inspections or warranties the partylies may wish to obtain. 52. CERTIFICATION BY SELLER 53. 1 certify that the information provided above is accurate and co th b of m knowledge. Martha C. Arens, Trustee, The AhFens Family Trust W. Peter Eric IC, Ma or, ity of New Hope (Seiler or Designated Representative) (Date) (Seller or Designated Representa�ve) (Date) 55. BUYER'S ACKNOWLEDGMENT 56. LG ✓Z ?`� (Buyer) (Date) Daniel 4Doue, City Manager, City of New Hope (Date) 57. MN- WDS- 1(10/03) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHISMED. WELL DISCLOSURE STATEMENT 58. Page 2 of 2 Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the 62. excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. MINNESOTA UNIQUE WELL NUMBER 64. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by 65. the person constructing the well. If the well was constructed after this date you should have the unique well number in 66. your property records. If you are unable to locate your unique well number and the well was constructed AFTER 67. January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and 68. year of construction for each well. 69. WELL TYPE 70. Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples of 72. water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 74. diameter wells connected to a large pressure distribution system. 75. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is typically 76. used to access groundwater for the extraction of samples. 77. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or 78. use of underground spaces. 79. INDUSTRIAL/COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 80. groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). 81. WELL USE STATUS 82. Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well 84. that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not been 86. sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 8& throughout the entire borehole after removal of any obstructions from the well. A well is "capped" if it has a metal 89. or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A 90. "capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, 92. check the well status as not in use. 93. if you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 94. 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). 95. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller/Davis Co. O St Paul, MN 651.642 -1988 Form 1519SS (Rev. 8102) 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 2. Pagel of 2 Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 1AAO Winnetka AvenLe North �- 5. in the City of New Hone County of Henne i}in State of Minnesota legally described as follows or 6. attached sheet (the "Property ") - 7. North 70 feet of 4onth 521) feet of Lt 3g Alulitor'c S thdivisio ber 226 Henne -Cww y,- M4=sAta- 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 10. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11. OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12. BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTION /DEFECTS. 13, SELLER'S INFORMATION: The following Seller disclosure satisfies MN. Statutes Chapter 115.55. The Seller discloses the 14. following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information 15. in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(s) representing any party(s) 16. in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of 17. the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sate, a Seller who fails to disclose the 19. existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to know of 20, the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into compliance with 21. individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the Seller. An action under 22. this subdivision must be commenced within two years after the date on which the Buyer closed the purchase of the real property 23. where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25. advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26, treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Sellers) actual knowledge. This information is a 28. disclosure and is not intended to be part of any contract between the Buyer and Seller. 29. PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX.) 30. ❑ The Seller certifies that the Seller does not know of any private sewer system on or serving the above described real 31. property. (if this option is checked, then skip to the last tine and sign and date this statement.) 32. The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate box(es) and indicate location on attached MAP) 34. Septic Tank: Rwith drain field ❑ with mound system ❑ seepage tank ❑ with open end 35. Sealed System (holding tank) 36. o Other (Describe): 37. is the sewer system(s) currently in use? Yes _ No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer 39. comply with applicable sewage treatment laws and rules. 40• is the sewer system(s) in compliance with applicable sewage treatment system laws and rules? Yes_ No 41. When was the sewer system installed? Installer Name /Phone: 42. - - - -- - - -- 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? 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. 8102) PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 59. Are there any known defects in the sewer system? Yes No 60. If yes, please explain 61. 62. 63. SELLER'S STATEMENT: (To be signed at time of fisting) 64. 1 1 We, Seller(s) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose this 65. information to prospective Buyers. 66. (Seller) Martha C. Arens, Trustee (Date) (Seller) (Date) The Arens Family Trust 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no representation 69. regarding the condition of the Private Sewer System have been made, other than those made above. LISTING BROKER AND 70. LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEWE YS 72. ZL 112- )/d (Buyer) W. Peter Enck, Mayor (Date) (Buyer) 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, I/We, the Seller(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have been 76. initialed and dated. (Seller) Martha C. Arens, Trustee (Date) (Seller) (Date) The Arens Family Trust 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller/Davis Co. ® SL Paul, MN 651.642 -1988 ' WOCS— Form 1519 MAP (Rev. 7194) PRIVATE SEWER SYSTEM AND /OR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORSne, which disclaims any liability arising out of use or misuse of this form. Date Page 1 of I 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 5440 Winnetka Avenue North. New Hop Minnesota 55428 5. � I I� ATTACH AD 6. Seller and Buyer Initial: Seller(s) Buyer(s) 7. MN -PSSWM (7194) ORIGINAL COPY TO LISTING BROKER; WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. TO SELLER, BUYER, SELLING BROKER WARRANTY DEED STATE DEED TAX DUE HEREON: $850.00 Date: April , 2004. FOR VALUABLE CONSIDERATION, Martha C. Arens, as Trustee of The Arens Family Trust U/A dated May 2, 1991, Grantor, hereby conveys and warrants to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: North 70 feet of South 520 feet of Lot 38, Auditor's Subdivision Number 226, according to the recorded plat thereof, and situate in Hennepin County, Minnesota; subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. ® A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. MARTHA C. ARENS, AS TRUSTEE OF THE ARENS FAMILY TRUST U/A DATED MAY 2, 1991 By: � / (2 1 ,1- Martha C. Arens, as Trustee and not individually STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this A day of April, 2004, by Martha C. Arens, as Trustee of The Arens Family Trust U/A dated May 2, 1991, Grantor. (A'otaral Stamp or Sea]) • STEVEN A SONDRALL MMWFtWX MINNESOTA 1 9 1MyOMMBon Jam 31,2005 ■ Notary Public Check here if part or all of the land is Registered (Torrens) ❑ THIS INSTRUMENT DRAFTED BY Jensen 8z Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\A=nwy\JLBA -Client FolderACNH \99-11292 \99.11292- OO4-WD.dm Tax Statements for the real property described in this instrument should be sent to: The Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 A MINNESOTA- REVENUE Certificate of Real Estate Value PE20 Names of buyers (last, first, MI) Address Daytime phone Economic Development Authority 4401 Xylon Avenue North ( ) in and fnr thp City of New Hone, NFW Hope, MN S1,42R 763 531 -5100 Names of sellers (last, first, MI) New address Daytime phone Martha C. Arens, as Trustee Street address or rural route of property purchased City or township County 5440 Winnetka Avenue North New Hoe Hennepin 1. Date of deed or contract Legal description of property purchased (lot, block and plat) or attach 3 copies of the legal description North 70 feet of South 520 feet of Lot 38, Auditor's Subdivision Number 226. Financial arrangements 2. Total purchase price ❑ Co Was personal property included in purchase price (e.g., furniture, inventory, equipment)? . ❑ Land only ® Land and buildings $250,000.00 Land ❑ Yes ® No If yes, list property and $ 3. Down payment ❑ Residential: single family current (not replacement) value at right, and enter $ $250,000.00 (attach Schedule PE20A). total in Box 5 below. Use back of forth if needed. $ 4. Points or prepaid interest paid by seller 5. Current value of personal property $ N/A ❑ Yes ® No - N/A $ 6. Type of acquisition (check all that apply) ❑ Buyer and setter are relatives or related businesses ❑ Contract paid off or resold ❑ Property received in trade ❑ Buyer or seller is religious or charitable organization ❑ Name added or removed from deed ❑ Purchase agreement signed over two years ago ® Buyer or seller is unit of government ❑ Property condemned or foreclosed upon ❑ Buyer purchased partial interest only ❑ Property received as gift or inheritance 7. Type of property transferred (check all that apply) ❑ Co Yr Bit . ❑ Land only ® Land and buildings ❑ Construction of new building after Jan. 1 of year of sale Land 8. Planned use of property (check one) Tot ❑ Residential: single family ❑ Agricultural. Number of acres: (attach Schedule PE20A). ❑ Residential: duplex, triplex ❑ Apartment (residential, four or more units). Number of units: (attach Schedule PE20A). ❑ Cabin or recreational (noncommercial) ❑ Commercial - industrial. Type of business: (attach Schedule PE20A). pro perty primary p ID number ❑ Other. Describe: (attach Schedule PE20A). 8a. Will this property be the buyer's principal residence? ❑ Yes ® No - Use Method of financing (complete only if setter- financed, including contracts - for -deed and assumed mortgages) Lantl Assumed Contract Mortgage or contract-for-deed Monthly payment Interest rate Number of Date of any lump - mortgage for deed amount at purchase (principal & interest) now in effect payments sum (balloon) payments 9. ❑ ❑ 10. ❑ ❑ Sign here. I declare under penalty of law that the information on this form is true, correct and complete to the best of my knowledge and belief. Prl a 'nature Date Daytime phone rnimtios- Cmmnlata fhic —firm - Cc ❑ Co Yr Bit SD Yr Land Bldg Tot ❑ T pro perty primary p ID number Acres Tillable C RIM ff Use Dead Yr Lantl &dg Tot Secondary parcel ID number b _ C . d. Good for study ❑ Yes ❑ No N no, give reason /code x HC ST Adjc Adjs Use Tillable EMV Apt IM Are there more parcels? ❑ Yes ❑ No GA c 1 My 2 MV t0 Put additional ID numbers on back of form. Co CT PT Date T M 5 DEPARTMENT OF REVENUE COPY 91+9 11. Buyer's Social Security numbers ° o (or Minnesota or federal ID numbers) 0 1 TIN: 41- 6008870 Z 2 y 3 12. Seller's Social Security numbers (or Minnesota or federal ID numbers) 1 2 3 DEPARTMENT OF REVENUE COPY 72969 CLOSING STATEMENT (99.11292) ( D DATE: April 12, 2004 PROPERTY ADDRESS: 5440 Winnetka Avenue North New Hope, Minnesota 55428 SELLER: Martha C. Arens, as Trustee of The Arens Family Trust PURCHASER: The Economic Development Authority in and for the City of New Hope TIN: 41- 6008870 TERMS: Total Purchase Price: $250,000.00 Earnest Money: $0.00 Cash at Closing: $250,000.00 $250,000.00 $250,000.00 SELLER'S COSTS: Abstracting and Searches: State Deed Tax: $850.00 *Real Estate Tax Adjustment: $631.12 Recording Fee for Certificate of Trust: $20.00 Recording Fee for Affidavit of Trustee: $20.00 Recording Fee for Well Disclosure Certificate: $30.00 Escrow Deposit — Access Agreement: $1,000.00 t Z E :�;i7� PURCHASER'S COSTS: Conservation Fee: $5.00 Recording Fee for Warranty Deed w/ $21.00 Duplicate: *Real Estate Tax Adjustment: $(631.12) Abstracting and Searches: $(650.00) $(1,255.12) CASH RECEIVED: Cash at Closing: $250,000.00 Purchaser's Costs: $(1,255.12) $248,744.88 DISBURSEMENTS:. Hennepin County Treasurer (Deed Tax): $850.00 Hennepin County Recorder: Martha C. Arens, as Trustee of The Arens $96.00 4244,,8,.88 J -yt- .'t Family Trust: Escrow Deposit — Access Agreement. $1,000.00 $248,744.88 Real Estate Tax Adjustment Seller's Obligation: 103/366"' Base Tax for 2004: $603.67 Assessments Certified to Taxes: $27.45 $631.12 Purchaser's Obligation: 263/366 Tax for 2004: $1,541.42 $2,172.54 ti -4 111 en� l w� Lk SELLER: MARTHA C. ARENS, AS TRUSTEE OF THE ARENS FAMILY TRUST j Martha C. Arens, as Trustee and not individually PURCHASER: THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: Its: �t P: \Attomey\JLB \1-Client Folders \CNH \99 - 11292 \CNH99.11292 -007- Closing Stmt.da JS FORM 40.3 -M - AFFIDAVIT OF TRUSTEE REGARDING CERTIFICATE OF TRUST OR TRUST INSTRUMENT PURSUANT TO MINN. STAT. §501B.57 STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Martha C. Arens, being first duly sworn, on oath says that: 1. Affiant is a Trustee named in the Certificate of Trust dated April , 2004, and filed for record , 2004, as Document Number in the office of the County Recorder of Hennepin County, Minnesota, regarding the Trust named The Arens Family Trust, which Certificate of Trust was executed by Affiant, and which relates to real property in Hennepin County, Minnesota, legally described as follows: North 70 feet of South 520 feet of Lot 38, Auditor's Subdivision Number 226, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. 2. The name and address of the Trustee empowered to act under the Trust Instrument at the time of the execution of this Affidavit is: Martha C. Arens. 3. The Trustee who has executed that certain instrument, relating to the real property described above, between Martha C. Arens, as Trustee of The Arens Family Trust U/A dated May 2, 1991: a. Is empowered by the provisions of the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and b. Is the requisite number of Trustees required by the provisions of the Trust Instrument to execute and deliver such an instrument. 4. ®The Trust has not terminated or been revoked. oThe Trust has terminated or been revoked, but the execution and delivery of the instrument described in paragraph 3 were made pursuant to the provisions of the Trust Instrument prior to its termination or revocation. 5. There has been no amendment to the Trust Instrument which limits the power of Trustee to execute and deliver the instrument described in paragraph 3. 6. ®The Trust is not supervised by any Court. ❑The Trust is supervised by the Court of County, , and all necessary approval has been obtained from the Court for the Trustee(s) to execute and deliver the instrument described in paragraph 3. 7. Affiant does not have actual knowledge of any facts indicating that the Trust is invalid. Subscribed and sworn to before me this day April 04. Y Notary Public Y/Z' Martha C. Arens (Notarial Stamp or Seal) STEVEN X SONDRALL 1 }�) NOTARY PUBLIC — MINNESOTA MY CorrM E)Orea Jan. 31, 2005 THIS INSTRUMENT WAS DRAFTED BY: JEE NSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1999 (763) 424 -8811 P: \Attorney\JLB \I- Client Folders \CNH \99 -11292 \99.11292 -003 -Aff of Trustee. doc 2 JS FORM 40.1 -M - CERTIFICATE OF TRUST By Individual STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Martha C. Arens, being first duly sworn, on oath says: 1. The name of the Trust is: The Arens Family Trust. 2. The date of the Trust Instrument is: May 2, 1991. 3. The names of the Grantors /Settlors are: a. Vernon N. Arens b. Martha C. Arens 4. The name of each original Trustee is: a. Vernon N. Arens b. Martha C. Arens 5. The name and address of the Trustee empowered to act under the Trust Instrument at the time of execution of this Certificate is: Martha C. Arens. 6. The Trustee(s) are authorized by the Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, EXCEPT as limited by the following: None. 7. Any other Trust provisions the undersigned wishes to include: None. 8. The Trust has not terminated or been revoked. 9. The statements contained in this Certificate of Trust are true and correct and there are no other provisions in the Trust Instrument or amendments to it that limit the powers of the Trustee(s) to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property. Signature of Trustee or Grantor /Settlor: Martha C. Arens A Subscribed and sworn to before me this day April, Notary Public (Notarial Stamp or Sea]) ■ r STEVEN A SONDRALL t, NOTARY PUBUC — MINNESOTA My C0ffM EkplM Jan. 31, 2005 ■ THIS INSTRUMENT WAS DRAFTED BY: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1999 (763) 424 -8811 P: \Attomey\1LB \1- Client Folders \CNH \99 -11292 \9911292 - 002 - Certificate of Trust.doc 2 Miller/Davis Co., St. Paul, MN MINNESOTA DEPARTMENT OF HEALTH Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164-0975 (651) 215-0819 or 1-800-383-9808 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 70 ftet of South 520 feet o Lot 38, Auditor's Subdivision Number 226 STREET ADDRESS 5440 Winnetka Avenue North CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope I MN 55428 05-118-21-33-0015 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF Economic Develo2ment Authority in and for the City of New Hope ADDRESS ADDRESS 4401 Xylon Avenue North CITY STATE ZIP TELEPHONE New Hope >IN 55428 763-531-5100 C. CERTIFICATION BY SELLER I certify that the information provided, on this certificate is accurate and complete to the best of my knowledge. Name of Seiler (Please Print) Signature of Seller or Designated Representative of Seller Date D. CERTIFICATION BY BUYER I 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 INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin SW4 Of SW4 05 118 21 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.) 2003 - H 215113 NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR Don Stodola licensed well sealing contractor, check the well status as not in use. Well Drilling Co., Inc. WELL #2 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WA3 SEALED OR WELL IS: ❑ IN USE (1) [ 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 CONTRACTOR If the well has been sealed by someone other than a licensed well contractor or a Iicensed 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) mint lie 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. Show exact tocatfon Of wod or boring 4r 8ketch map DI I or bortng in section grid with *r locaum ahowin property lines, roads, ant bullrings. } r ` n t ➢- '.T w --r - 0 S �� t flU1►.� —� 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 TOO (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1 -800- 627 -3529 and ask for (651) 215 -0811. Visit our web site at: www.health.state.mn.us/div/­eh/wells/disclosures/ 7/OZ HE- 01387.09 IC #140 -0386 12-12-2 09:16am From-CITY OF NEB' HOPE 7635315136 T -551 P.002/002 F -53 WELL OR BORING r.00ATION`�I INESOTA DEPARTMENT OF HEALTH Mfnne Well and Boring S ' I' SZ 1 2 MIA Township Name Township No. Range No. Section No. Fn New Hope 118 1 Q 3 Q: GPS Latitude es degre -minutes ,_ LOCATION: In. from to ft, ❑ Yea ❑ No Longitude degrees -minutes Numerical Street Address or Fire Numoor and City of Wall or Boring Show oxact Location of wol or coring C in section grid with W N - �- 4 .{_ W Siketcn map location, sht lines, reads, ed tng ,.v. D BORING SEARING RECORD Minnesota Unique Well No, dinnesota Statufos, Chapter 1091 or W -soriss No. tiM Olerw M rorw+wrq ( =m+ 0) Date $ sd bare well or Bering Con- trt u v. 4 E Cy— 7 0 5 Seconds r Sealing '-'' `� r Original Depin (0 Depth Before tC It. - aeeande O IFER(S) IlASingle Aquifer [3 Mulbaoultar STATIC WATER LEVEL >(Measured Q Bctln+atod tion I E ORING In. from to ft, ❑ Yea ❑ No Supply Well ❑ MaWall it. We ❑ Env. Bore Hota ❑ Otner , IL Xbolow [I above lano surface 9s at boring property buildings. r 62�2 ,t E l n L ' ❑ Plastic C] Tito ❑ Other t Otttslda ❑ Weil House lnsido: ❑ Eacamont Offset ❑ Pitless AdapteriUmt Y-0.11 Pit ❑ Well Pit C) Budad ❑ Butled PROPERTY OWNER'S NAME(COMPAN' Martba Arens 75 Propany owner'.- m:Wmg address It daergnt t U owner's r eft aaarsse If GEOLOGICAL MATERIAL SOURCE OF DATA, LOCAL COPY COLOR IHARPNESS OR FORMA TION log tram neerby wait or boring ADOVB Diz Z tgr Depth �, r Sot in oversize hole? Annular space Initially grouted? - in. from- t0 tL D Yes XNo ❑ Yes [] No ❑ Unknown _ _ in. from to ft. 171 Yw ❑ No Q Yw. ❑ No Unknown I In. from to ft, ❑ Yea ❑ No ❑ Yea C) No ❑ Unknown SCREENiOPEN NOLX f r 62�2 shoo Screen fro to fL Open Hole from to ft, OBSTRUCTIONS ❑ Rods/Drop Pipe ❑ Cheek Valve(s) ❑ Debris ❑ FIJI X7 No Obstruction Type of Obstructions (Desonbe) d TD Obstructions removed? ❑ Yes ❑ No Descrlbo PUMP Type ❑ Removed x Not Present ❑ Other METHOD USED TO SEAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASINO AND BORE HOLE: No Annular Space Exfatm ❑ Annuidr space grouted with tremle pipe ❑ Casing Petiorationmemoval In, from to ft, ❑ Perforated ❑ Removed In. from to ft. ❑ Perforated ❑ Removed Type of perforator ❑ Other GROUTING MATERIALS) (One beg of eernent - 94 tbs., ono bag of bentonlie s 50 ibs.) Gffvnng Marerla& - t_,G� fro t ft. yards _ bogs from to ft, yards bags from to ft. yards bags OTHER WELLS AND 0ORINGS LTtES IN sEA{ ING Other unsealed Ana unu,og wail or boring on property? ❑ Yea ANo How many? t,1CF,N$Eo OR REGISTERED CONTRACTOR CERTIFICATION This well or boring Was aealao In accordance With Minnesota Auto;. Chapter 4725. Tne information contained in In!-- report is tn,o to the best of my knewfedgo. Dora Stodola Well Drilling Co., Ina— 27172 CondacrorBusine r / 4 me Lkaense or Raglrtrarion No. A �P+eaontative Srgnerure Unto H 21521 �~ Name of Poman Sealgtg iWotl or Aloft ACCESS AGREEEMENT FOR 5440 Winnetka Avenue North This Access Agreement (the "Agreement ") is dated effective the 12`'' day of April, 2004, and is entered into by and between Martha C. Arens, a single person ( "Seller ") and the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation ( "EDA ") contemporaneously with the closing of the sale of property located at 5440 Winnetka, New Hope, Minnesota (the "Property ") from Seller to EDA on April 12, 2004 ( "Closing Date "). WHEREAS, Seller has not been able to fully remove her personal effects from the Property and has requested permission from the EDA for an additional A//Az- (--� ) 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 EDA, which includes the right of possession; and WHEREAS, EDA is willing to permit Seller access to the Property following the Closing Date for a period of , (`-) days for the limited purpose of Seller removing her personal property from the Property according to the terms and conditions contained herein. NOW, THEREFORE, as an accommodation to Seller, the EDA is willing to grant a limited right of access to the Property at 5440 Winnetka Avenue North as specified herein: 1. EDA agrees to allow Seller limited access to the Property following the Closing Date on April 12, 2004 for a period of /V, / U.. ( 7 ) days, terminating at 11:59 p.m. on April . L/ , 2004 for the limited purpose of Seller's removal of personal property from the Property. 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 April .9 , 2004 for the limited purpose of accessing and removing Seller's personal effects. 3. EDA will withhold from Seller One Thousand and 00/ 100ths Dollars ($1,000.00) 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 April 1 , 2004 will be considered abandoned by Seller and become the property of EDA or the City of New Hope and any costs incurred by the EDA or the City of New Hope to remove and dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Seller on or before //f-r / 2- / , 2004, after any costs to remove and dispose of Seller's abandoned personal property is determined by the EDA or City and paid from 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. EDA 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. EDA or the City of New Hope 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 the EDA or the City of New Hope. 11. Seller agrees to waive and release the EDA and City of New Hope and its employees, officials, agents and representatives of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Seller's personal property, by reason of any and all risk and /or perils, regardless of cause or origin. 12. Seller agrees to indemnify, defend, and hold the EDA and City of New Hope harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees for bodily injury or death or for injury to or destruction of personal property arising of and from any negligent act or omission of Seller, or anyone directly or indirectly employed by Seller in connection with Seller's entry on the Property for the limited purpose of removing personal property. March C. Arens, Seller ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Its: 2 STATE OF MINNESOTA }'ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this 12` day of April, 2004, by Martha C. Arens, a single person. (Notary Public Seal) �— ' STEVEN A. SONDRALL Notary Public NOTARY PUBLIC-MINNESOTA My C Tm. EkOres Jan. 31, 2005 ■ a STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The foregoing instrument w s acknowledged before me this 12' day of April, 2004, by V k-i t � rL =-� , the C L) _S G_'> �— ,-of the Economic Development Authority in and for the City of New Hope, a Minnesota municipal co oration, on behalf of said municipal -corporation. (Notary Public Seal) �--- ?''zG�-- -•►- -" ® STEVEN A SONDRALL Notary Public NOTARY PUBLIC- MINNESOTA taJ w COfflffl. E *ee Jan. 31, 2005 ■ ■ Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attomey\JLB \l- Client Folders \CNH \99 - 11292\99.11292- 001- Access Agt.doc: M