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IP #756ACCESS AGREEEMENT FOR 7601 Bass Lake Road This Access Agreement (the "Agreement ") is dated effective the 3 rd day of December, 2003, and is entered into by and between Timothy J. White and Lois Kathleen White, husband and wife ( "Sellers ") and the Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation ( "EDA ") contemporaneously with the closing of the sale of property located at 7601 Bass Lake Road, New Hope, MN from Sellers to EDA on December 8, 2003 ( "Closing Date "). WHEREAS, Sellers have not been able to fully remove their personal effects from the Property and have requested permission from the EDA for an additional five (5) days after the Closing Date to remove their personal effects from the Property; and WHEREAS, as of the Closing Date, title to the Property transferred to the EDA, which includes the right of possession; and WHEREAS, EDA is willing to permit Sellers access to the Property following the Closing Date for a period of five (5) days for the limited purpose of Sellers removing their personal property from the Property according to the terms and conditions contained herein; and NOW, THEREFORE, as an accommodation to Sellers, the EDA is willing to grant a limited right of access to the property at 7601 Bass Lake Road as specified herein: 1. EDA agrees to allow Sellers limited access to the Property following the Closing Date on December 3, 2003 for a period of five (5) days, terminating at 11:59 p.m. on December 8, 2003 for the limited purpose of Sellers' removal of personal property from the Property. The personal property that Sellers are entitled to remove does not include any fixtures or appliances, which shall not be removed by Sellers. 2. Sellers have retained a key to the Property and are authorized to utilize the key for a period terminating at 11:59 p.m. on December 8, 2003 for the limited purpose of accessing and removing Sellers' personal effects. 3. EDA will withhold from Sellers One Thousand and 00 /100ths Dollars ($1,000.00) of the purchase price in consideration of granting permission to Seller to access the Property according to the terms contained herein (the "Withheld Funds "). 4. Any personal property remaining on the Property after 11:59 p.m. on December 8, 2003 will be considered abandoned by Sellers and become the property of EDA or the City of New Hope and any costs incurred by the EDA or the City of New Hope to remove and dispose of the personal property will be deducted from the Withheld Funds. 5. The Withheld Funds will be returned to Sellers on or before December 22, 2003, after any costs to remove and dispose of Sellers' 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 Sellers and is not to be deemed in any way to create a leasehold estate. 7. Sellers shall enter upon the Property with reasonable care and without damage to the Property. 8. EDA waives all claims for trespass arising from Sellers' entry on the Property for the limited purpose of removal of personal property. 9. Any entry by Sellers for any reason other than for the limited purpose of removing personal property shall be deemed a trespass. 10. EDA or the City of New Hope will not be liable to Sellers, or Sellers' family, agents, invitees, contractors, employees or servants, for any damages or losses to person or property incurred during Sellers' entrance onto the Property to remove personal property, unless caused by the willful misconduct of the EDA or the City of New Hope. 11. Seller agrees to waive and release the EDA and City of New Hope and their employees, officials, agents and representatives of and from any and all right of recovery, claim, action or causes of action, for any loss or damage that may occur to Sellers' personal property, by reason of any and all risk and /or perils, regardless of cause or origin. 12. Sellers agrees to indemnify, defend, and hold the EDA and City of New Hope harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees for bodily injury or death or for injury to or destruction of personal property arising of and from any negligent act or omission of Sellers, or anyone directly or indirectly employed by Sellers in connection with Sellers' entry on the Property for the limited purpose of removing personal property. SELL 7- 4 ­1"i'moo J. White Lois Kathleen White ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: & f 2 STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. The foregoing instrument was acknowledged before me this 1D day of December, 2003, by Timothy J. White and Lois Kathleen Whit us and a r , (Notary Public Seal) •- E A.AAAAA ONDRALL Notary Public ti N C °MINNESOTA My CWM EWM Jan. 31, 2005 � a STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. Th fore ing instrument was acknowledged before me this day of December, 2003, by -4.4 of the Economic Development Authority in and for the City of New Ho a Minnesota municipal cor pKation, on behalf of said municipal corporation. (Notary Public Seal) � � W w 3TEM A. SQNDRALL �t NOTARY PUBLIC— MINNESO n My Comm. Expires Jan. 3t, 2G Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\Attomey \SAS \Documents \CNH99.11295 -001 -7601 Bass Lake Rooad Access Agt.doc CLOSING STATEMENT (99.11295) DATE: December 3, 2003 PROPERTY ADDRESS: 7601 Bass Lake Road New Hope, Minnesota 55428 SELLER: Timoth J. White Old Republic National Title Insurance Co.: Lois Kathleen White Hennepin County Treasurer (Deed Tax): $748.00 PURCHASER: Economic Development Authority in and for the City of New Hope Hennepin County Registrar of Titles: TIN: 41- 6008870 TERMS: Total Purchase Price: $220,000.00 —U12,667-4 § Earnest Money: $0.00 Cash at Closing: $220,000.00 $220,000.00 $220,000.00 SELLER'S COSTS: Abstracting and Searches: $275.00 Mortgage Payoff: $99,360.83 Overnight Delivery Re: Mortgage Payoff: $25.00 State Deed Tax: $748.00 *Real Estate Tax Adjustment: ($125.88) Recording Fee for Well Disclosure Certificate $30.00 Recording Fee for Satisfaction of Mortgage: .� $10 eu PURCHASER'S COSTS: Title Insurance Premium: $737.50 Conservation Fee: $5.00 Recording Fee for Warranty Deed: $20.00 Certificate of Title: $15.00 *Real Estate Tax Adjustment: $125.88 $903.38 Cash at Closing: $220,000.00 Purchaser's Costs: $903.38 L$220,903.38 Homecomings Financial: $99,360.83 Old Republic National Title Insurance Co.: $1,012.50 Hennepin County Treasurer (Deed Tax): $748.00 Hennepin County Registrar of Titles: $70.00 Hennepin County Registrar of Titles: $20.00 Jensen & Sondrall (Overnight Delivery): $25.00 Timothy J. White and Lois Kathleen White: —U12,667-4 § $220,903.38 G ;-� "T 4 �0 l � 1 7 Real Estate Tax Adjustment: Seller's Obligation: 337/365ths Base Tax: $1,515.06 Assessments Certified to Taxes: $23.20 Paid by Seller: $1,664. Due from Purchaser: $125.88 28/365' Base Tax: SELLERS: Timothy J. White Lois Kathleen White PURCHASER: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: !'Al-f C Its: P:\AttomeyOLB \l- Client Folders\CNH\CNH99.11295-004-Closing Sunt.doc 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 Tract B RLS No. 1026 STREET ADDRESS 7601 Hass Lake Road CITY STATE ZIP CODE P.I.N. (OPTIONAL) New H,pe MN 55428 05- 118 -21 -33 -0091 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF Economic Development Authority in and for the City of New Hope ADDRESS 4401 Xylon Avenue North ADDRESS CITY STATE ZIP TELEPHONE New Hope IV 55428 763 -531 -5100 C. CERTIFICATION BY SELLER I certify that the information provided on this certificate is accurr t e,and complete to the best of my knowledge. _ z.� a7.tI71 Name of Seller (Please Print) Signature of Seller or Designated Representative of Seller Date D. CERTIFICATION BY BUYER The buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all deeds given in fulfillment of a contract for deed if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, I certify that the information on this certificate is accurate and complete to the best of my knowledge. Signature of Buyer or Designated Representative of Buyer Date IMPORTANT NOTE: The Minnesota Department of Health (MDH) will follow -up with the property buyer regarding any wells disclosed as not in use. If a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $125. A copy of this well disclosure certificate should be provided to the property buyer. 7102 MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin SW of SW 4 05 118 21 WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: [] IN USE (1) ❑ NOT IN USE (2)EISEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) H215062 - 2003 (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR Don Stodola Wel licensed well sealing contractor, check the well status as not in use. Drilling Co., Inc. WELL #2 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) [ NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL CONTRACTOR 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. 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)0 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 licensed well sealing contractor, check the well status as not in use. SKETCH MAP - Sketch the location of the well(s) and include estimated distances from roads, streets and buildings. IF MORE THAN ONE WELL ON PROPERTY, USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as i licensed contractor. Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format call (651) 215 -0811 or TDD (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1- 800- 627 -3529 and ask for (651y 215 -0811. Visit our web site at: www.health.state.mn.us/div/"eh/"wells/disclosures/` HE- 01387 -09 IC #140 -0385 7/02 DEC -01 -2003 13:32 TWIN OAKS REALTY 2 635359197 P.02 ptt,JP C.V r:UU.J r►L.V Vf_•J./ ,It wvn w,vwv"# r,a - wa.,..0 vu ...... •�+• -•� -� wya" O n vo LOCATION MINNESOT DEPARTMENT OF HEALTH Minnemm Well gird Borir10 H —? Ot,niy Na WELL AND BORING SEALING RECORD ��� a Unique Wall No. 21506 - m Hen rlepin 4410 00sofG SUMPS. Chapter ION �.�/6-- zriivfx No, znwn.hiP Vamp ibwecnip Nq. k Ser4inn No. I Fr,wVon (am-o- Ig) Date Sealed Date Well of Bolin Corlr4rrITI10 New 1Io 118 21 33- 09.1 zS7 oV ®3 GP5 t.Ittloe daGN - minu•.es..�660"s LOCATION: Depth Pelore t3aging pfk]Inn! beprh_ tt. L&VITUdb 4esronz minL,tdg _ Sam,, UfFER(5j STATIC WATER LEVEL NurnufCal Stree(A0049et or Flra Numb, ,nJ Clfy of Wc4 or 8w" Location SH,ofe Aqukar ❑ Mrdtioquifer W t180RING X1,t -saved D Esllrn4lbd 7601 Bass Lake Rd, Xew Hop 55428 Warm supply well Q Mor1R. WW1 &tOw B.K9'Ct IOC15tiOr1 � woe rx borhg s1®ICh rne(I a woU a DOrp1p in Crxiirm grin wig, ^X" Ior4 , ehowing property D taw, Dore H01P D Oft— claw 0 goove Iona w7bce •N , 4n0Awi&w -' CASM TdPE(S) --r• --I-• - -- --;-' � Sisal ❑ Plaettc Q Tde © OIN w ^?• - - -i•- E ', WELLHEAD COMPLMON l Oul rdo: Wolf House If"wa: Q Q fiu:o'nontOtfset *mw �Pit"6 Ade plarfUnit Q Ivep Pa 1 ❑ Wall Pit p 6 xlsq S �► — I , nw PnOPElit'v DWNER'S NAM=DMPANY NAME CASINO()) T1 R) Wbi to 7ti — 5 'Ah — Q 1 42 Diamn r Depth ® Sol in aworatze note? AnnAr op000 InNWIy Wakifed? PrnpArty t w»ar'e oW lJAgdd0Mt;5 012111 at Umn w 11 WAMA erI&W6 hdCawd 9b0.6 ,® tn, tivrtt 2 to I 0 Yrq No 0 Yns [] No Q Urq In. froth to ^ IL 0 vae ❑ h6, Q Yes Q No Q U MIno -A :n, from to f(. 0 Yes p No D Y9e Q No ❑ Ur nown WELL OWNED -N NAMIXOMPANY NAME SCREEWDIIEN HOLE // P woll ownor'4 mollho doorosa a diff6reht Ilrart Dmpemy owr� a ararv..: bmat(IIed apu o Screed from fro to ft. Open Hole frory 10 r ft, ODS RLICTtON6 RoddDrop PiDe O Check Velve(s) C.} DobrlE Fill 0 No Obstruction Typo of Obstructions (Deeclibe) GEOLOGICAL MAT @AIAL COLOR HARDNESS Op P FROM 7D Obstructions remo Yes C7 No Describe I (%Cllmo,► n, 41d1x% 66ti1WOVformoliom log from nnnrb T s��/' drift 0 C � pamovod Q Not Present D Other Ka Cv METNOD USED TO SEAL ANNULAR SPACE SETWEEN 2 CASINGS, OR CASINO AND 0OAE HOLE: // Armllor Sppc4 9xIWG Q Annular epate grouted with I,nmIa pipb Q Castro PeAor llorNRer wal in from to ff. Q Perforated ❑ Altmovad In, from to tt. Q Perforated Q Removed Type Ot pOfforator M Other GROUTING MATERIALS) tt0no hog *0 to sot v 94 lbe., ens bap of tonNe = 50 lb &) Porn— 10 ti, yenta pegs rran to p. ystue Dags O TH ER WELL ANO 01349INGS REMARKS, SOURCE OF DATA, DIFFICULTIES IN SEALING 09we unseaJad bad Nnwimal wall pr bonrip on property? Q Yes No How nronyt. LICENSED OR RECIMALD CON ACTOR CgFinnVIPATION This wall or Loring waa saeled in awwrlinco wkh Mlrrneaota nWes, Chapter 4725, Tho information Contained In tNb ninon is true to the bast of my LrwMWp, 210ti StOdOla Well DKillin& Co. Inc. 27172 CoWrscrorBW;Wnos.^, IVWs Lrcenvs orRog1Ardrbn No. 11 -26 -03 j K0k 1 & 0rW art rn S o t7atrn MINN. DEPT OF HEALTH COPY H '21.5 0 6 2 Jim Antons Nffma of Person Sea d y ip, ft fl or Goring 12102 R NOIJ-19-2003 10:04 TWIN OAKS REALTY 7635359197 P.02 vveii,visciosure uertiticate information: knvirorunental Health in Minnesota Pagel of Environmental Health in Minnesota Well Disclosure Certificate information -... �... . I I .. ........ . I .... .... .......... Well Disclosure Certificate Number: 016003 - - -- ---------- Property Location.- County: Hennepin Lot, Block, Addition Name: , , Address: 7601 BASS LAKE RD NEW HOPE 55426 Property ID: . ........... .... . ....... ... Property Buyer. First/Middle/Last Name: TIMOTHY J. WHITE Company: Well Information: Total number of wells disclosed: I Well t Government ection Towns lip 11 Quarter Disclosed Status 1 Current Status Unique Na Lot Range Section or Well I No 9 1 1105-118-21 ---�JSW Sealed I =Sealed hJ Contact the MDH at (651) 215-0819 for well scaling verification if the unique number box is blank. Does a new Well Disclosure Certificate need to be filed at the next property transfer? Yes — If the total number of wells has Changed, Yes — If the disclosed status of the well(s) has changed from the current status. Yes — If the disclosed status of the well(s) is listed as undisclosed. No — If the number and the status of the well(s) has not changed. Minnesota Department of Health Environmental Health Division Suite 220 121 East Seventh Place St. Paul, Minnesota 55164-0975 Miller /Davis Co., St. Paul, MN - -Form 1,00 (1994; Rev. 1996; Rev. 1997; Rev. 200 M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT 0 Copyright 1996, 1997, 2002 by Minnesota State Bar Association; Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES. This Purchase Agreement is made on November 2003 , by and between 2 Timothy T_ White and I pis K White [marital status] huchand and wife 3 of [seller's address] 7601 Bass Take Road New�H .. Minnesota 55428 , SELLER, and 4 Fconomic Development Authority! in and for the City of New HnRe J X XXXe"s eX r7f'itX r3Y�i n 5XiXXXuXK XXMuyer's address] 4401 Xylon Avenue North New Hot e MinnemL 55428 BUYER. 6 7 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seiler agrees to sell real property legally described as: 8 Tract R Regictered T And Cnrvey No 1026 9 10 11 [Property Tax Identification Number or Tax Parcel Number _ 05 118 - 21 - 33 - 0091 j 12 13 located at 760] Bass Lake. Road 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) 2003 18 and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included]: garden bulbs, plants, shrubs, trees, storm 22 windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain- traverse - drapery rods, attached lighting fixtures with 23 bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in 24 humidifiers, built -in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, 25 water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, 26 installed carpeting, work benches, security systems, and also the following property: 27 28 29 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following 30 provision applies to this Purchase Agreement:] ❑ Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale, 31 32 S. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred Twenty Thousand and 00 /100 33 Dollars 34 Dollars ($ 000 0() ), which Buyer shall pay as follows: 35 36 Earnest money of $ 0.00 by Xa X XXX, .K11KE - state which) YPXyIi13 e�YtKO 37 [select one.] - 38 Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, 39 Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 40 Seller's broker, to be deposited or held by broker according, to the requirements of Minnesota Statutes, 41 Other [describe how the earnest money will be held] 42 43 receipt of which is hereby acknowledged and $ 220 MO 00 cash, on ar before the DATE OF CLOSING, and 44 the balance of $ 000 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 / XLI M*)M* IX1XOF 58 TX " *XIXOK MX*X&X � (in which case the party entitled to a credit as a result of the adjustment shall receive 59 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and 60 payable in the year(s) 2003 will be FULL, MT," - homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration 62 within the time required by law. If the taxes due and payable in the year of closing are PART or NON- homestead classification, Seller shall 63 pay to Buyer at closing $ , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year 64 following closing are PART or NON- homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing $ as Sellers share of such taxes. 67 68 [Strike one:) �IXC�{l�{X�{�{/�(j�y�(�(X� / 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 :] )WYW0 DQXX O?( / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike one.J XX pQ(MX" / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of 73 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 74 provision for payment shall be by payment into escrow of 1 -1/2 times the estimated amount of the assessments.) As of the date of this 75 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 76 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 77 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 78 A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 79 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commen- 80 surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; 81 C. or Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. -Y 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. VJ)4XXD@) X)44 / SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 83 Acres" taxes under Minn. Star. 273.111) or special assessments payment of which is required as a result of the closing of this sale. 84 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable 85 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of 86 future real estate taxes or of future special assessments. 87 88 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate 89 and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, 90 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 91 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 92 93 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the 94 boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there 95 has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any 96 restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 97 98 10, CONDITION OF PROPERTY. 99 100 A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, 101 and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall 102 remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no 103 knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. 104 105 B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by 106 any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 107 as follows: 108 109 110 111 112 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any 113 action based upon these warranties and representations must be commenced within two years after the date on which the buyer 114 closed on the purchase of the real property. 115 116 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 1 1 7 regulations, Seller does not plan to have the property inspected. 118 119 E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide a 120 written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive 121 the written disclosure requirements [see (3) below). 122 123 Minnesota Statutes Section 513.57, Subd. 2. LIABILITY. A seller who fails to make a disclosure as required by sections 513.52 to 513.60 and was 124 aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and 125 recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years 126 after the date on which the prospective buyer closed the purchase or transfer of the real property. 127 128 [Select only one of these three:] 129 ❑ (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct 130 in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. 131 132 Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. 133 Subdivision 1. CONTENTS. 134 (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The 135 disclosure must include all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely 136 and significantly affect: 137 (1) an ordinary buyer's use and enjoyment of the property; or, 138 (2) any intended use of the property of which the seller is aware. 139 (b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure. 140 141 Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. 142 Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the 143 seller learns that the seller's disclosure required by section 513.55 was inaccurate. 144 Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure 145 required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. 146 147 ❑ (2) Inspection Report. Buyer has received an inspection report by a qualified third -party. If a copy of the inspection report is provided to 148 Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. 149 150 Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. 151 (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written 1 52 report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this 153 paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, 154 reasonably believes has the expertise necessary to meet the industry standards of practice for the rype of inspection or investigation that has been 155 conducted by the third party in order to prepare the written report. 156 (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report tinder 157 paragraph (a) if a copy of the report is provided to the seller. 158 159 (3) Waiver of Disclosure. 160 161 Minnesota Statutes Section 513.60. WAIVER. The written disclosure required under sections 513.52 to 513.60 may be waived if the seller and the 162 prospective buyer agree in writing. Waiver of the disclosure required under sections 513.52 to 513.60 does not waive, limit, or abridge any obligation 163 for seller disclosure created by any other law. 164 165 Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. 166 ` Eccoo Y ment ority in and 167 for 168 SELLER 1`- XJ BUYER - 169 Timothy J. White W. Peter Erick, President 170 171 n /{ 9..�� 2 SELLER � - tll //�1 BUYER " 173 Lois K. White ae i J. Donaffur Executive Direc Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular 176 purpose. (This paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the municipality in which the real property is located. 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. 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 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or (b) Undertake proceedings to correct the objections to title; 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer; 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 4. Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seiler may elect either of the following options, as permitted by law: 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 1. Seek damages from Seller including costs and reasonable lawyer's fees; 2. Seek specific performance within six months after such right of action arises. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as of the date of mailing. 17. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be approved for recording as of the Date of Closing. 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 19. WELL DISCLOSURE. [Check one of the following:] --TT Seller certifies that Seller does not know of any wells on the real property. 1L Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B.1 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, a city or municipal sewer system). B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). !Check ither C or D:1 _ C. Seller does not know if there is an abandoned individual sewage treatment system on the property. D. Seller knows that there [strike one:] are / are no abandoned individual sewage treatment systems on the property If Seller discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map completed.] 21. LEAD PAINT DISCLOSURE. [Check one of the following :l Seller represents that the dwelling was constructed on the real property in 1978 or later. Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop- erty, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these concerns, Buyer might want to include Seller's disclosures regarding these concerns. (Check the box if the following provision ADDENDUM applies to this Purchase Agreement:l TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is included as an addendum to this Purchase Agreement. 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 118 -M) Affidavit of Seller. 13. POSSESSION. Seller shall deliver possession of the property not later than the date of closing. All interest, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of the date of closing Miller /Davis Co., St. Paul, MN- -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 4 268 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. 269. 270 [State other location.-] New Hope City Hall 4401 Xylon Avenue North, New Hopp, Minnesota 5542$. 271 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of 27 completing state and federal tax forms. 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 25. ADDITIONAL TERMS: See Exhibit A attached which shall be incorporated herein h ry this reference 26. ADDENDA. Attached are 4 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed [number) 3 originals of this Purchase Agreement. 297 298 299 300 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. I agree to sell the property for the price and terms and conditions set forth above. SELLER: <E; \t ; � Timothy J. White (date) SELLE Lois K. White (date) I agree to purchase the property for the price and terms and conditions set forth a ove Econ � UWH thority in and for ttll e BUYER: �I W. Peter Enck, President (date) t BUYER: _ am l J. Donahue-,-Executive Director (date) Jensen & Sondrall, P.A. 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55445 This Purchase Agreement was prepared by: Lawyer For Buyer Steven A. Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 103391 N/A are: Telephone: Facsimile: (763) 424 -8811 (763) 493 -5193 Selling Agent and Broker for this transaction are: N/A 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 J PAGE 5 Buyer's or Lender's Title Insurer- Telephone: Facsimile: Old Republic National Title Insurance Company (612) 371 -1111 400 Second Avenue South Minneapolis, MN 55401 EXHIBIT A ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 7601 BASS LAKE ROAD Buyer, by and through its designated employees, agents and representatives, is authorized to conduct such investigations and examinations of the property as it deems necessary or advisable to determine if any fuel oil tanks are buried on the property. Sellers will cooperate fully in such investigations. Such investigation may include, but is not limited to, survey, soil, environmental and other investigations. All investigations conducted on the property shall be performed only upon prior notice to Sellers and will be conducted at Sellers' sole expense. Sellers acknowledge and agree they shall be responsible for all costs to seal any and all water wells and remove any underground fuel oil storage tank, if any are found on the property prior to closing. Sellers agree they will provide Buyer with a sealing record or affidavit that the water well has been legally sealed and abandoned. The affidavit shall be prepared by a licensed water well contractor as required by the Minnesota Department of Health and provided to the City prior to closing. Sellers further agree they will provide Buyer with a soils report from a qualified soils consultant to verify there has not been any contamination released from an underground fuel oil storage tank. Sellers agree they will pay the cost of all collective measures required by the Minnesota Pollution Control Agency to remove and clean any contamination to the soil or groundwater on the property in the event the soils report indicates there has been a release of any regulated substance from a tank located on the property. The closing on this sale shall be delayed if Sellers are not able to provide Buyer prior to closing with the water well sealing affidavit and soils report indicating the underground fuel oil storage tank, if any, has not caused a discharge of a regulated substance, or if there has been a release, a "No Action" letter from the Minnesota Pollution Control Agency indicating no further cleanup activity at the site will be required by the Minnesota Pollution Control Agency. The City, at its sole option, may proceed with the closing and retain funds from Sellers to be held in escrow by the City to properly seal and abandon the water well and remove and remediate the fuel oil storage tank, if any, and any contamination of groundwater or soil caused by a release from a fuel oil storage tank if Sellers have not produced the requested documentation for these items. The escrow shall be for 150% of the City's estimated costs, as determined by the City. The City may complete the closing, take possession of the property and cause the water well to be sealed, the fuel oil storage tank, if any, to be removed, and soil and groundwater to be remediated. The City may reimburse itself from the funds in escrow held from the proceeds payable to Sellers at closing. Any monies remaining in escrow after the City's costs are reimbursed shall be immediately paid to Sellers. If this option is elected by the City, the work shall be performed by the City within a reasonable time after it acquires possession of the property. SELLERS: Dated: 1 1 Z - _, 2003. Timothy J. White Lois K. White P: \A-- y\JL.H\1 -0ient Fa1d.. \CNH\CNH99Al295- 001 -Ez A. PA.d- Miller /Davis Co. ® St. Paul, MN 651- 642 -1988 AlMoCs— Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORSO, which disclaims any liability arising out of use or misuse of this form. ® 2000, Minnesota Association of REALTORS®, Edina, MN Date Page Addendum to Purchase Agreement between parties dated 2003 pertaining to the purchase and sale of the property at. 7601 Rass Iake Road New Hoge, Minnesota 55428 Section 1: Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. 77ie 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 purc hase. Seller's Disclosure (initial) hi (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): "�✓ ❑ Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). V Seller has no knowledge of lead -based paint and /or lead -based paint hazards in the housing. L—k t,� (b) Records and reports available to the seller (check one below): <tzv ❑ 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 r ep o r ts or records pertaining to lead -bas paint and/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information fasted under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead - based paint and/or lead - based paint hazards (If checked, see Section II below); or LXt 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. Economic opm t in and for the City of New ew H Hop �r Timothy J. White W. Peter Enck, President Seiler Date Purchaser Tarr ( If -1 1JI - 14b ' Lois K. White Seller Date f Damel ecutive Director Purchaser Date Real Estate Licensee Date Real Estate Licensee TSarw S n H: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is contract is contingent upon a risk assessment or an inspection of the property for the presence of le aid paint and/or lead -bas a ' t hazards to be conducted at the purchaser's expense. The assessment or inspec ' 1 be completed within ten (10)/ _ ca e a s after acceptance of the Purchase Agreement. This contin s all be deemed removed, and the - (strike out one)- the Purchase Agreement shall be in and effect, unless purcha real estate licensee assisting or acting on behalf of purchaser delivers to seller or real estate license tin g or on behalf of seller within three (3) calendar days after the assessment or inspection is timely completed a writt a specific deficiencies and the corrections required, together with a copy of any risk assessment or ins ' eport. If the seller urchaser have not agreed in writing within three (3) calendar days after delivery of the t list of required corrections that: a or all of the required corrections will be made; or (B) the purchaser ' es the deficiencies; or (C) an adjustment to the put, rice will be made, the Purchase Agreement shall a tically be deemed null and void, and all earnest money shall be re to the purchaser. It is understo a purchaser may unilaterally waive deficiencies or defects, or remove this contingency, 'ding that the er or the real estate Iicensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee in or acting on behalf of seller of the waiver or removal in writing within the time specified. ALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 1 Miller /Davis Co. O St. Paul, MN 651 - 642 -1988 JW#cs -Form 1519WD (Rev. 10/03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. m 2003, Minnesota Association of REALTORS®, Edina, MN 1. Date 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, 5. Seller must disclose information in writing to the Buyer about the status and location of all known wells on the 6. property, This requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller 7. does not know of any wells on the property, or a disclosure statement indicating the legal description and 8. county, and a map showing the location of each well. In the disclosure statement the Seller must indicate, for 9. each well, whether the well is in use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails 11. to disclose the existence or known status of a well at the time of sale and knew or had reason to know of the 12. existence or known status of the well, is liable to the Buyer for costs relating to sealing of the well and 13. reasonable attorney fees for collection of costs from the Seller, if the action is commenced within six years 14. after the date the Buyer closed the purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact 16. the local unit(s) of government, state agency, or qualified professional which regulates wells for further 17, information about these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address _ 7607 Racc i ak Road New H(pe, Minneso City 21. 22. 23. 24. 55429 He nnepin Zip county LEGAL DESCRIPTION: Tract R- Registered d R ac 1 Propel, 1206 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 real property. 28. (If this option is checked, then skip to the last line and sign and date this statement.) 29. V The Seller certifies that the following wells are located on the above described property. 30. MN Unique Well Year of Well IN USE NOT IN SEALED 31 • Well No. Depth Const. Type USE 32. Well 1 ❑ ❑ ,per 33. Well 2 ❑ E J 34. Well ❑ ❑ ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. if a well is operable and properly maintained, a maintenance permit is not required. 39. OTHER WELL INFORMATION 40. Date well water last tested for contaminants: Test results attached? Yes NoF__j 41. Comments: 42, . Contaminated Well: Is there a well on or serving the property containing contaminated water? YesO NoF 43. SEALED WELL INFORMATION 44. For each well designated as sealed above, complete this section. 45. When was the well sealed? 46. Who sealed the well? 47. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No[__� 48. MAP 49. Complete the attached MAP showing the location of each well on the real property. 50. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any 51. party /ies in this transaction, and is not a substitute for any inspections or warranties the party /ies may wish to obtain. 52. 53. CERTDELCATION BY SELLER 54. A- 1�� C1z� �4 Timothy J. White Lois K. White (Seller or Designated Representative) (Datel (Seller or Designated Representative) (Date) 55. BUYFR'S, AC O ENT E onomic Development Economic Level pment Au ority in and Au on n the ity of New Hope or the Ci o New Ho 56. ` W. Peter Enck, President aniel J Donahue, Executive Director (Buyer) (Date) (Buyer) (Date) 57. MN -WDS -1 (10/03) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. WELL DISCLOSURE STATEMENT 58. Page 2 of Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise 62, constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. 64. MINNESOTA UNIQUE WELL NUMBER 65. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well 66. number by the person constructing the well. If the well was constructed after this date you should have the 67. unique well number in your property records. If you are unable to locate your unique well number and the well 68. was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well. 69. 70. WELL TYPE 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. 72. Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. 74. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system. 75. 76, MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 77. typically used to access groundwater for the extraction of samples. 78. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. 79. 80. INDUSTRIAL /COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat 81. WEUiW$E 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 84. includes a well 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 86. been sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 89. a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry 90. into the well. A "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 92. contractor, check the well status as not in use. 93. If you have any questions, please contact the Minnesota Department of Health, Well Management Section 94. at (651) 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 NOV -19 -2003 10:04 TWIN OAKS REALTY 7635359197 P.02 well Insciosure Uerttrlcate Information: Environmental Health in Minnesota Page 1 of 1 .1V1"i nneso to Da ar-tmen t - af H ealth Envir onmental ♦ Minnes Well Disclosure Certificate Information Well Disclosure Certificate Number: 016003 Property Location: County: Hennepin Lot, Block, Addition Name: , , Address: 7601 BASS LAKE RD NEW HOPE 55428 Property ID: Property Buyer: First /Middle /Last Name: TIMOTHY J. WHITE Company- Well Information: Total number of weifs disclosed: 1 Well Government Section Township Quarter Disclosed Status Current Status Unique No Lot Ran a Section of Well of Well No L --- JE OS - 118 -zi SW ]Sealed Sealed Contact the MDH at (651) 215 -0819 for well sealing verification if the unique number box is blank. Does a new Well Disclosure Certificate need to be filed at the next property transfer? Yes — If the total number of wells has changed. Yes — If the disclosed status of the well(s) has changed from the current status. Yes — If the disclosed status of the weif(s) is fisted as undisclosed. No — If the number and the status of the well(s) has not changed. Minnesota Department of Health Environmental Health Division Suite 220 121 East Seventh Place St. Paul, Minnesota 55164 -0975 TOTAL P.02 Miller /Davis Co. ® St. Paul, MN 651- 642 -1988 Form 1519SS (Rev. 8/02) PRIVATE SEWER SYSTEM DISCLOSURE This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. ® 2002, Minnesota Association of REALTORS®, Edina, MN 1. Date 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 7601 Bass i.ake Road 5. in the City of New Rope County of Hennepin State of Minnesota , legally described as follows or 6. attached sheet (the "Property ") Tract B, Registered Land Survey No 1206 7. 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 10. BUYERS) 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 15. information in deciding whether and on what terms to purchase the Property. The Seller(s) authorizes any Agent(s) 16. representing any party(s) in this transaction to provide a copy of this statement to any person or entity in connection with 17. any actual or anticipated sale of the Property. 18. Unless the Buyer and Seller agree to the contrary in writing before the closing of the sale, a Seller who fails to disclose the 19. existence or known status of an individual sewage treatment system at the time of sale, and who knew or had reason to 20. know of the existence or known status of the system, is liable to the Buyer for costs relating to bringing the system into 21. compliance with individual sewage treatment system rules and for reasonable attorney fees for collection of costs from the 22• Seller. An action under this subdivision must be commenced within two years after the date on which the Buyer closed the 23. purchase of the real property where the system is located. 24. Legal requirements exist relating to various aspects of location and status of individual sewage treatment systems. Buyer is 25. advised to contact the local unit(s) of government, state agency or qualified professional which regulates individual sewage 26. treatment systems for further information about these issues. 27. The following are representations made by the Seller(s) to the extent of the Seller(s) actual knowledge. This information is a 28. disclosure and is not intended to be part of any contract between the Buyer and Seller. 29, PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX) 30. © The Seller certifies that the Seller does not know of any private sewer system on or serving the above described real 31 • property. (if this option is checked, then skip to the last line and sign and date this statement.) 32. ❑ The Seller certifies that the following private sewer system is on or serving the above described real property. 33. TYPE (Check appropriate box(es) and indicate location on attached MAP) 34. Septic Tank: ❑ with drain field ❑ with mound system ❑ seepage tank ❑ with open end 35. Sealed System (holding tank) 36. Other (Describe): 37. Is the sewer system(s) currently in use? Yes_ No _ 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer comply 39. with applicable sewage treatment laws and rules. 40. Is the sewer system(s) in compliance with applicable sewage treatment system laws and rules? Yes_ No_ 41. When was the sewer system installed? 42. Installer Name /Phone: 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? - 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 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) 59. 60. 61. 62. Are there any known defects in the sewer system? If yes, please explain 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. 1 / We, Seller(s) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose 65. this information prospective Buyers. 66. 6+�'s '' I& �� �/ LU�/LLt L �f`. 03 (Seller)Timothy T. White (Date) ever) Lois K. White (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I /We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no 69. representation regarding the condition of the Private Sewer System have been made, other than those made above. LISTING 70. BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN 71. THE PRIVATE SE R S ZSTM. 72./ i (Buyer) W. Peter Enc , President (Date) 9uyer) Daniel T. Dp e, ecutive Direct r (Date) Economic Development Authority in and for the City of New Hope Economic Development Authority in and for the 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 76. been initial and dated. (Selled T imothy J. White (Date) (seller) Lois K. White (Date) Yes_ No PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. O St. Paul, MN 651- 642 -1988 ,p/OCS­ Form 1519 MAP (Rev. 7/94) PRIVATE SEWER SYSTEM AND /OR WELL LOCATION MAP This form approved by the Minnesota Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. Date _ Page 1 of Pages 2. Please use the space below to sketch the real property being sold and the location of each — SEWER SYSTEM _ WELL on the Property. (check all that apply) 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4. Property located at: 7601 Rass Lake Road New Hone Minnesota 5542R 5. ATTACH ADDITI NAL SHEETS AS NEEDED 6. Seller and Buyer Initial: Seller(s) $uyer(s) LK��1 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. AFFIDAVIT REGARDING SELLERS COUNTY OF HENNEPIN ) Timothy J. White and Lois Kathleen White, being first duly sworn, on oath say that: 1. They are the persons named as Grantors, in the document dated December _, 2003, and filed for record December _, 2003, as Document No. , in the office of the Registrar of Titles of Hennepin County, Minnesota. 2. Said persons are of legal age and under no legal disability with places of business, respectively, at: Timothy J. White Lois Kathleen White Crystal Evangelical Free Church 4225 Gettysburg Avenue North New Hope, MN 55428 and for the last ten (10) years have resided at: 7601 Bass Lake Road, New Hope, Minnesota 55428 - 18 years 3. The social security numbers of said persons are: Timothy J. White - Lois Kathleen White - 4. There have been no: a. Bankruptcy, divorce or dissolution proceedings involving said. persons during the time period in which said persons have had any interest in the premises described in the above document ( "Premises"). b. Unsatisfied judgments of record against said persons, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said persons. 5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above -named persons have had any interest in the Premises, are not against the above -named persons. 6. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named persons. 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. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiants have knowledge. 11. This Affidavit is made as respects the following described property: Tract B, Registered Land Survey No. 1026, Hennepin County, Minnesota. Affiants know the matters herein stated are true and make this Affidavit for the purpose of inducing the passing of title to the Premises. Timothy L White Lois Kathleen White k - Subscribed and sworn to before me this day of ber,�2F t _ Notary Public (Notarial Stamp or Seal) ■ ■ STEVEN A SONDRALL 3.' NWRYRWG-MINNESOTA My OMM 000 Jan. 31, 2005 ■ e Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAw..yV1.a11.aiem roid . \CNH99.I1295-00;- Affid.OL6 c JS Form No. 3-M - WARRANTY DEED Individual(s) to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $748.00 Date: December 2003. FOR VALUABLE CONSIDERATION, Timothy J. White and Lois Kathleen White, husband and wife, Grantors, hereby convey and warrant to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: Tract B, Registered Land Survey No. 1026; Subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. Check box if applicable: 0 The seller certifies that the seller does not know of any wells on the described real property. ® A well disclosure certificate accompanies this document. o I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Timothy J. White `Lois Kathleen White STATE OF MINNESOTA COUNTY OF HENNEPIN f SS. IY✓ The foregoing instrument was acknowledged before me this - day of December, 2003, by Timothy J. White and Lois Kathleen White, husband and wife, Grantors. (Notarial Stamp or Seal) e � E+. Y.ow vV14th.MLL z Nt1tARY P!!$UC— MINNESOTA �HCooaso e�w'm' at °zoos ■ c Notary Public Check here if part or all of the land is Registered (Torrens) ca THIS INSTRUMENT DRAFTED BY Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 Tax Statements for the real property described in this instrument should be sent to: Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 P:Udumey\]1B11 -aim Polders \CNHICNH99.11295- =- D=d.dM MINNESOTA Department of Revenue •Auditor uze only Certificate of Real Estate Value PE -20 Buyers' lost name(s), first, middle initial Address Daytime phone Economic Development Authority in and 4401 Xylon Ave. N. for the City of New Hope New Hope, MN 55428 (763) 531 -5100 Selleri last nome(s), first, middle initial New address Daytime phone White, Timothy J. White, Lois Kathleen ( ) Street address or rural route of property purchased City or township County 7601 Bass Lake Road New Hope Hennepin IL Date of deed or contract Legal description of property purchased (lot, block and plat, or attach 3 copies of the legal description) Tract B, Registered Land Survey No. 1026 Financial arrangements Total purchase price $220,000.00 Down payment $220,000. 1 4. Points or prepaid interest paid by seller Was personal property such as furniture, inventory or equipment included in the purchase price? yes _. no If yes below and list current (not replacement) value. (Use the back of this page it needed.) — 16 of acquisition (check all that apply) Buyer and seller are relatives or rr Transaction involved the trade of J related businesses u properly ' Property is a gift or inheritance Buyer is a religious or charitable �--' - organization $ Buyer is a unit of government —1 Condemnation or foreclosure transaction �! Payoff or resole of contract Type of property transferred (check all that apply) 1 Land only K Land and buildings 1 Construction of a new building —' tJ after January 1 of year of sale e$ Planned use of property (check one) $ $ I Total personal property ! current value: $ �5 -$ N/A Name added to or co- owner's name removed from deed (not a sale) �I Buyer purchased partial interest only j Purchase agreement signed n over two �J years ago. Yeor signe: ((x f, Residential, single family If you check one of the four boxes below, you must complete schedule PE-20A and attach it to this certificate. L_ LJ (nubr of acres): : ;_ J Commercial-industrial Residential duplex, triplex me ) (typ e of ) ^ I Cabin or recreational j Apartment building (non-commercial) u (number of units): Other (describe): 8A Will this property be the buyer's principal residence? J yes 7>9 no Method of financing (complete only if seller - financed, including a contract for deed or assumed mortgage) Check: Mortrtgqage or contract for Monthly payment for Interest rate Total number Dote of any lump sum Assumed Contract deedamount at purchase principal and interest now in effect of payments (balloon) payments Mortgage for Deed !9 ❑ in n 1 declare that the information on this form is true, correct, and comple a best of my knowledge and belief. Na )print or type) Sign.w Daytime phone Date I TIN 41- 6008870 Srock No. 6000400 (Rea. 6/96) I Timothy J. White 2 Lois Kathleen White s 816686 DEPARTMENT OF REVENUE COPY ..M ,:� • : .r s v;'a x•, . y „ ,� y., sa.� �- �s* vy ^+"°r*m"".,s","°"°"'",..k'rze.� C ! C Yr Bit SD Yr Land I Bid g TOI — Primary property identification k __jT j Acres Tillable !CER ICRP RIM I Use Deed Yr I Lord Bldg To I i I ' Secondary parcel identification N , Good for mcly _! yes Ej no If no, give reason /code b X t HC ST f Act, I Adis Use ITII!able EMV Apt 1 FM ;GA IC it jMV 12 IMV 1 ID d Co CT iPT iDate I T M I S � I Are there more I e i- pares s. yes �1 no a Stock N. 6000400 Pm extra identification numbers on back of this form. IRev. /96) DEPARTMENT OF REVENUE COPY 816686 I TIN 41- 6008870 Srock No. 6000400 (Rea. 6/96) I Timothy J. White 2 Lois Kathleen White s 816686 DEPARTMENT OF REVENUE COPY ..M ,:� • : .r s v;'a x•, . y „ ,� y., sa.� �- �s* vy ^+"°r*m"".,s","°"°"'",..k'rze.�