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IP #757o � ngstr® 6 City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 May 11, 2004 Re:- Property located at 7643 Bass Lake Rd, New Hope, MN. Dear Ken: l � s -� Further to our visit to the above referenced property on May 6th, 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that there are friable and class one non - friable asbestos containing building materials contained in or on the fabric of the structure. The friable asbestos containing materials are: 1. Approximately 250 -300 square feet of asbestos containing linoleum in the kitchen and bathroom. 2. Approximately 225 -250 square feet of asbestos contaminated underlayment under the linoleum in the kitchen. The non - friable asbestos containing materials are: 1. Approximately 220 -250 square feet of asbestos containing floor the and mastic in the east bedroom & bathroom. 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 7643 Bass Lake Rd. in New Hope, MN. 57 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), 1 fluorescent light fixture and associated ballast, 1 furnace, 1 water heater, 10 railroad ties, and 1 A/C unit 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 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 Building Name: 7643 Bass Lake Road PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis New Hope, Minnesota Survey Date: May 7 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 = Actinollte New Hop e, Minnesota 55428 SF = square foot ANTH = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity I Units I Cond. I Damage Potential I Response Rating Basement Linoleum 1 -3 ND - 180 -200 SF N PD 0 " Chimney Plaster 4 -6 ND - 16 -20 SF N PD 0 " Flue Patch 7 -9 ND - 3 SF N PD 0 East Bedroom 9x9 Floor Tile 10 -12 CHR 5 180 -200 SF N PD 1 " Floor Tile Mastic 13 -15 CHR 2 -3 180 -200 SF N PD 1 Kitchen Linoleum 16 -18 CHR 15 225 -250 SF N PD 2 " Linoleum underlayment 19 -21 CHR 2 225 -250 SF N PD 4 Living Room Ceiling Texture 22 -24 ND - 230 -250 SF N PD 0 Bathroom Linoleum -top layer 25 -27 CHR 20 40 -45 SF N PD 2 " 9x9 Floor Tile 28 -30 CHR 5 40 -45 SF N PD 1 " Floor Tile Mastic 31 -33 CHR 2 -3 40-45 SF N PD 1 " Linoleum — bottom layer 34 -36 ND - 40 -45 SF N PD 0 West Bedroom Ceiling Texture 37 -39 ND - 40 -45 SF N PD 0 Throughout Ceiling Plaster —skim coat 40 -42 ND - 875 -900 SF N PD 0 " Ceiling Plaster —base coat 43 -45 ND - 875 -900 SF N PD 0 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 .► -- n9strom Analytical & " Environmental Services Building Name: 7643 Bass Lake Rd. PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample N PD 0 " Wall Plaster —base 49 -51 submitted for analysis - New Hope, Minnesota SF N PD 0 Roof Shingles -top layer • Survey Date: 7 th 2004 PD = potential for damage TREM = Tremolite NS = material not sampled " Shingles — bottom laver 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 Sample Types of Damage Response Location Material Identification Number Asbestos % Quantity Units Cond. Potential Rating Throughout Wall Piaster —skim 46 -48 ND - 1800 -2000 SF N PD 0 " Wall Plaster —base 49 -51 ND - 1800 -2000 SF N PD 0 Roof Shingles -top layer 52 -54 ND - 900 -1000 SF N PD 0 " Shingles — bottom laver 52 -54 ND - 450 -500 SF N PD 0 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Page 2 d � Y 4 q T Y 0 w4 ngstrom 4� 1,, ®o O 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 ANALYSIS OF BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT MICROSCOPY (PLM) for: City of New Hope Attn: Ken Dorsky 4401 Xylon Avenue North New Hope, MN 55428 -4898 Job or reference: ber of samples: 7643 Bass Lake Rd 57 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim Method #6001M4 -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 >10; 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 tender 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. JKL --------------------------- - - - - -- --------------------------------------- - - - - -- -Date: May 12, 2004 Steve Wallinga, Angstrom Analytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry felma 4 vi is -.1114 J02aam CLIENT City of New Hope Project Location "?Le BA&_6 Results Via Report ,- I Data Entry 2 71 - 01 Project# DateRec'd Approved Analyst Analyzed 15 Tkr4 CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # C) 4401 Xylon Ave N New Hope, MN 55428-4898 763-531-5137 Fax # 763-531-5136 Date Mailed Phoned Assigned/Lab # Ir 0 It' —0,� Angstrom Analytical, Inc. * 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 Analytical A r% A.gstrorn Anah.fifical 5001 Cedar Lake Road St. Louis Park, Mn 55416 CLIENT Project Location Results Via 7 City of New Hope - ?u, f WJ, Report Data Entry yv'-- - Project # -Yt 1�5 Date Rec'd. S" 7— o y Approved Analyst Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 4401 Xylon Ave N ---- Assigned/Lab # New Hope, MN 55428-4898 Date Mailed Phoned 763-531-5137 Fax # 763-531-5136 1 Angstrom Analytical, Inc. - 5001 Cedar Lake Road * St. Louis Park, MN 55416 - AA/PLM/1 CLIENT Project Location Results Via Data Entry Approved By--� of New Hope 7 Report A City Project # &/V'�'� Analyst 0 L l J CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving C� Date Rec'd Analyzed 4401 Xylon Ave N New Hope, MN 55428-4898 Date Mailed Phoned Assigned/Lab # —I 763-531-5137 Fax # 763-531-5136 04--os" Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLIVI/1 CLIENT Project Location Results Via Data Entry Approved B City of New Hope ii `7 b'-L- 6A-S, 6� Report Project# Analyst A S - 19� CLIENT ADDRESS Client/Receiving # Attn: Ken Doreskey Date Rec'd 5- Analyzed 4401 Xylon Ave N New Hope, MN 55428-4898 Date Mailed Phoned Assigned/Lab # 763-531-5137 Fax # 763-531-5136 0 �- — c ) Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 o AA/PLM/1 CLIENT Project Location Results Via _ (—,< By City of New Hope Report Data Entry Approved ' �� `> Project # Ov ", Analyst11; C I Date Rec 'd 6 - -`7 Analyzed 5--q CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # s" — 'q!;— 4401 Xylon Ave N New Hope, MN 55428-4898 Date Mailed Phoned Assigned/Lab # 763-531-5137 Fax # 763-531-5136 05 Angstrom Analytical, Inc. * 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 Angstrom Analytical 5001 Cedar Lake Road St. Louis Park, Mn 55416 IWAV. L014W q IT, 111 -.1114 CLIENT Project Location Results Via Entry -� - 7 Data Ent Approved B City of New Hope Report Project# Oy�� Analyst Date Ree'd S 7 Analyzed CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 4401 Xylon Ave N New Hope, MN 55428-4898 Date Mailed Phoned Assigned/Lab # 763-531-5137 Fax # 763-531-5136 Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 Analytical An . Igstrorn Analytical 5001 Cedar Lake Road St. Louis Park, Mn 5541-f CLIENT Project Location Results Via Data Entry Approved City of New Hope 4e I a &'s< .I- Z ,; A Ae Report Project # Analyst S CLIENT ADDRESS Attn: Ken Doreskey Client/Receiving # 7 Date Rec'd Analyzed 4401 Xylon Ave N New Hope, MN 55428-4898 Date Mailed Phoned Assigned/Lab # 0+ a 763-531-5137 Fax # 763-531-5136 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 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 7, 2004 at 7643 Bass Lake Road 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 in 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. o A. 1.02 Standard ngstrom ,analytical, Inc, 5001 Cedar lake Road S. ., , , St. Louis Park, MN 55416 Office: (952) 252 -0405 �� �� Fax: (952) 252 -0407 ®a o 0.0 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 7643 Bass Lake Rd. 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 Kitchen 1) White Sheetrock Ceiling 0.0 Fair Attic 2) White Sheetrock Ceiling 0.0 Fair Basement 3) Green Sheetrock Wall 0.1 Fair 4) Pink Cement Wall 0.0 Fair 5) Green Cement Wall 0.0 Poor 6) Green Wood Wall 0.0 Poor Exterior 7) White Garage Door 0.0 Fair 8) White Shed Window Sash 0.7 Poor Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Material Abatement Industry Location & Material Results Condition Exterior 9) White Shed Window Well 0.4 Poor 10) White Shed Window Trim 0.5 Poor 11) White Shed Trim 0.0 Fair 12) Yellow Shed Siding 0.2 Fair 13) White Pedestrian Door 0.0 Fair 14) Tan Siding (original) 2.1 Fair 1; 5 7 MilledDavis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT/ PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT D 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 February 2004 , by and between 2 Beatrice Dolan [marital status] a sin le person 3 of [seller's address] 7643 Bass fake Roams New Hope, Minnesnta 55429 _ , SELLER, and 4 the Economic Development Authority ("FDA") in and for the City of New Hope. Qq(X fgQ�(ttStifffi> 1��8�sffiY BgFta %x �8xtx 5xjsft al]rof [buyer's address] 4401 Xylon Avenue North New H Minn .rota 55428 BUYER. 6 7 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: 8 _ _. SEF SrHMULF, "A" ATTACHED HERETO 9 10 11 [Property Tax Identification Number or Tax Parcel Number 05- 118 -21 -33 -0023 ] 12 13 located at 7643 Bass Take Road City of New Hone 14 County of Hennepin State ofMinnesota, Zip Code 55428 15 Is 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other 17 party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] 2004 18 and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included]: garden bulbs, plants, shrubs, trees, storm 22 windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain- traverse - drapery rods, attached lighting fixtures with 23 bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built -in 24 humidifiers, built -in air conditioning units, built -in electronic air filters, automatic garage door openers with controls, television antennas, 25 water softeners, built -in dishwashers, garbage disposals, built -in trash compactors, built -in ovens and cooking stoves, hood -fans, intercoms, 26 installed carpeting, work benches, security systems, and also the following property: 27 _ 28 29 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following 30 provision applies to this Purchase Agreement.] ❑ Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 31 32 5. PRICE AND TERMS. The price for the real and personal property included in this sale is 33 One Hundred Nin V Thousand and 00 /100 Dollars 34 Dollars ($ 190,000 00 ), which Buyer shall pay as follows: 35 36 Earnest money of $ 000 by KAK XbX&, XkE -state which] payable to 37 [select one:] 38 Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, 39 Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 40 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 41 Other [describe how the earnest money will be held] 42 _ -- 43 receipt of which is hereby acknowledged and $ 190 000 00 cash, on 2004, the DATE OF CLOSING, and 44 the balance of $ 0.00 by financing as shown on the attached Financing Addendum. 45 46 6. DEED /MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed, joined 47 in by spouse, if any, conveying marketable title of record, subject to: 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; 5o C. Reservation of any mineral . rights by the State of Minnesota; 51 D. Utility and drainage easements which do not interfere with existing improvements; 52 E. Exceptions to 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 / )0A6*"XIXIX*`IX*F 58 Tl�`tS�t1� (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) will be FULL, DXT," - homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration within 62 the time required by law. If the taxes due and payable in the year of closing are PART or NON- homestead classification, Seller shall pay to Buyer 63 at closing S , in addition to Sellers prorated share of the taxes. If the taxes due and payable in the year 64 following closing are PART or NON- homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing S as Sellers share of such taxes. 67 68 [Strike one:] SELLER SHALL PAY ON DATE OF CLOSING 69 all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 70 [Strike one:] I3IMYPAXXY5)fi)kX / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike one.] **XX1XXX*)f)(5X / 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 Seiler 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 Seiler, 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:] KX ""X" / SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green 83 Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. 84 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable 85 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future 86 real estate taxes or of future special assessments. 8 8. 8+ 9i 9' 9: s: 9< 9; 9E 9i 9E 9 <, Inc 101 102 1o3 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 10. CONDITION OF PROPERTY. A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows: _ C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any action based upon these warranties and representations must be commenced within two years after the date on which the buyer closed on the purchase of the real property. D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending regulations, 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. ( r ' 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: (I) 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 leams that the seller's disclosure required by section 513.55 was inaccurate. Subdivision 2. FAILURE TO NOTIFY; LIABILITY.A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. (2) Inspection Report. Buyer has received an inspection report by a qualified third - party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been conducted by the third parry 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. L FIA (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 -� BUYS • ✓ >� _ Beatnce Dolan W. Peter Enck, President New Hope DA SELLER BUYER � L y Daniel J. Dona e, Executive Director, New Hope EDA Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT I 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 Seiler 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. Seiler has not received any notice from any governmental authority concerning any eminent domain, condemnation, 181 special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth-in- Housing Disclosure Report or other inspection report if required by the 184 municipality in which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than 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 the date of closing 168 189 � X) fF' K$ 1L B13' � .X&%Y�tY�'r$YrY6fi7C�$XE'X6§E$% Yid[ �% �b' dfig$ iFi% ilGY�8i�3[ I> tX �&& iY# SXtS+& 7f�C% �KH$ ildE�1' i y18$S3'rK81�rX�F�lf%�$X3X867�XX 190 3P. C�c7fi89eYSjXr2I3' dFYSd® O�R3S2" iA5�B3HC14�& ffi[$ X3tgiX#'& 3FI6S&$ II> XigX4• C�S�C �F&% SY1C$ 1�; Y $�rY%6Fg3E�IG7Bffi�jK�X$BC�Z(7fiRX 191 XX(m'rSM&KXNSZXLG&R3G tFBfB'r!0$ YsY2F 8dC$H8f'K�i HaLtWY &Xdf$%Y3'I�YSAFil`X'& �YigdC'%iYr%�8FS916�7 $di�f 3`&�C�#XI rXcC4h76SX 192 X1�Y' �X�iYafZ�7C$$ F$$% Y' fXRiYX�C E63fKHR% i7X$ iYFS�iX�i�$ X3C$ S8X �7SXrX4fiklb&$' i�BF$& X�7f' t.$ BFXaY]'L$34�2CXIC�$;ll�X�rXTfX> KX 193 N&% 15Y$ �F�XdEY& 76KrSaYXXrS ddFHE1Y&] a7kYSi ;Sil3 &$&rYB&Gt]fh`H3N33XiKX 194 XXXXKX XNXXXamBs %rHKXbF$ CH�tfi1XX�i63fi &l1iY�1C$HS76KSiXK$$)3i BBBt1�$ 1CX 195 X&&I�X�BS&YS�X&Y�i&]9X K$K1Br'X5158$$L'�Sd�`GXi3E6GKX &1C$'S3jX'65jr;t5 X�kYYt8s1C 7C$3i�itr{�X�FKXX%&X�Y&RX KSK"&K&XX 196 XXXX X==X KXKtYapkKYNXM&$X!Y$Y A8395 E]1X1iNt K,8�t7{iii%S`X$%$i� &X XK$j' XtXXOTiYMXX 197 XJUd[XSSiSXdcH16B0 XxIX$X)Y2XxIB1 Xa03xXXXX *SEE ADDITIONAL TERMS 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written tifle objections to make title marketable. 200 Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable within 201 the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not 202 delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein 203 and the closing shall be postponed. 204 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 205 title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place 206 within ten (10) business days or on the scheduled closing date, whichever is later. 207 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, 208 Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and 200 earnest money shall be refunded to Buyer. 210 C. If 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 ee costs, and reasonable la 214 (a ) Seek damages, wyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be 215 limited to the cost of curing objections to title, and consequential damages are excluded); or 216 (b) Undertake proceedings to correct the objections to tile; 217 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all 218 earnest money paid shall be refunded to Buyer; 219 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 220 4. Specific performance within six months after such right of action arises. 221 D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of 222 the following options, as permitted by law: 223 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note 224 given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation: 225 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. 226 E. if title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 227 1. Seek damages from Seller including costs and reasonable lawyer's fees; 228 2. Seek specific performance within six months after such right of action arises. 229 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 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] 230 Seller certifies that Seller does not know of any wells on the real property. 240 Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 [Ch ec either A or B:] 244 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for 245 example, a city or municipal sewer system). 246 _ B. Seiler 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 1ChJ either C or D:1 249 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 / are no abandoned Individual sewage treatment systems on the property If Seller 251 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the 252 location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map 253 completed.] 254 21. LEAD PAINT DISCLOSURE. [Check one of the following:] 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop- erty, 257 attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 258 259 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if 260 any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. if Buyer has not already investigated these 261 concerns, Buyer might want to include Seller's disclosures regarding these concerns. (Check the box if the following provision ❑ADDENDUM applies to this Purchase Agreement:] 262 TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is 263 included as an addendum to this Purchase Agreement. 264 265 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and 266 delivering a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117 -M, or I I B-M) Affidavit of Seller. 267 Miller/Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 4 268 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. 269 270 (State other location.j New Home City Hall 4401 Xylon Avenue North New Hope Minnesota 55428 271 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing 272 state and federal tax forms. 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 CI OS7NC COSTS- Costs to be an id by Buyer shall also include the Minnesota State Deed Tax and all recording,f s i any, to record marketable title in the name of Ruyer, Buyer -hall also pay all cost to seal the well, ifany, on the property_ 26. ADDENDA. Attached are 3 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement 28. MULTIPLE ORIGINALS. Seiler 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 2 Beatrice Dolan (date) SSN: SELLER*-___ (date) I agree to purchase the property for the price and terms and conditions set forth BUYER: t- W. Peter Erick, President (date) Ne w Hope t ,� BUYE Daniel nonahue, Executive Director (date) New Hope EDA Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55443 Telephone: (763)424 -8811 Facsimile: (763) 493 -5193 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 25. ADDITIONAL TERMS: *14- EXAMINATION OF TITLE.._ Buyer shall obtain at Buyer's expense, a Commitment for an Owner's Policy of Title Insurance on a current Ai TA form issued by an insurer licensed to write title insurance in Minnesota Buyer shall be responsible for pa3ment of those costs necessary to prepare such Commitment including but not limited to abstracting fees, name search fees, service charges etc. —uyer shall y the nremi rn for the Owner's Policy of Title Insurance. 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 5 Buyer's or Lender's Title Insurer: Telephone: Facsimile: Old Republic National Title Insurance Company (612) 371 -1111 400 Second Avenue South Minneapolis, Minnesota 55401 Schedule "A" Legal Description That part of Lot 39, Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at a point 410 feet East of the Northwest corner thereof, thence East along the North line a distance of 90 feet; thence South parallel with the West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller/Davis Co. ® SL Paul, MN 651 -642 -1988 moves Form 1519Y ADDENDUM TO PURCHASE AGREEMENT DISCLOSURE OF INFORMATION ON LEAD -BASED PAINT AND LEAD -BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. © 2000, Minnesota Association of REALTORS®, Edina, MN Date Page Addendum to Purchase Agreement between parties dated 1 2004, pertaining to the purchase and sale of the property at 7643 Bass Lake Road, New Hope, Minnesota 55428. Section 1: Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was builtprior to 1978, is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection forpossible lead- basedpaint hazards is recommendedprior to purchase. Seller's Disclosure (initial) (a) Presence of lead -based paint and/or lead -based paint hazards (check one below): Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). W 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 Iead -based paint and/or lead-based paint hazards in the housing (list documents below). Seller has no reports or records pertaining to lead-based paint and/or lead -based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed under (b) above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead -based paint hazards (If checked, see Section H below); or Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and/or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above provided by the signatory is true /l & and accurate. 4 P %d <_vl� _ Beatrice D61an Seller Datt Seller and certify, to the best of their knowledge, that the information W. Peter Erick, President, New Hope EDA Purchaser Date Daniel J. Donahue, Executive Director, New Hope E A Purchaser Date Date Real Estate Licensee Date Real Estate Licensee Date Section H: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is checked.) This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead -based paint and/or lead -based paint hazards to be conducted at the purchaser's expense. The assessment or inspection shall be completed within ten (10)1 calendar days after acceptance of the Purchase Agreement. This contingency shall be deemed removed, and the the_P Aapement shall be in full force and effect, unless purchaser or real estate licensee assisting or acting on behalf of purchaser delivers to seller or real estate licensee assisting or acting on behalf of seller within three (3) calendar days after the assessment or inspection is timely completed a written list of the specific deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. if the seller and purchaser have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections that: (A) some or all of the required corrections will be made; or (B) the purchaser waives the deficiencies; or (C) an adjustment to the purchase price will be made, the Purchase Agreement shall automatically be deemed null and void, and all earnest money shall be refunded to the purchaser, it is understood that the purchaser may unilaterally waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver or removal in writing within the time specified. TLX:SALE (9100) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller/Davis Co. © St. Paul, MN 651642 -1988 moves Form 1519WD (Rev. 10/03) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2003, Minnesota Association of REALTORS@, Edina, MN 1. Date 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, Seller 5. must disclose information in writing to the Buyer about the status and location of all known wells on the property. This 6. requirement is satisfied by delivering to the Buyer either a statement by the Seller that the Seller does not know of 7. any wells on the property, or a disclosure statement indicating the legal description and county, and a map showing 8. the location of each well. In the disclosure statement the Seller must indicate, for each well, whether the well is in 9. use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails to 11. disclose the existence or known status of a well at the time of sale and knew or had reason to know of the existence 12. or known status of the well, is liable to the Buyer for costs relating to sealing of the well and reasonable attorney fees 13. for collection of costs from the Seller, if the action is commenced within six years after the date the Buyer closed the 14. purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advisedo contact the 16. local unit(s) of government, state agency, or qualified professional which regulates wells for further information about 17, these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 20. Street Address 7643 Bass Take Rom New Hope Minnesota 55428 Hennepin City Zip County 21. LEGAL DESCRIPTION: REF. R( HFDUi.F. "A" ATTAI HFD HFRFTO 22. 23. 24. 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. ❑ 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 ❑ ❑ ❑ 33. Well ❑ ❑ ❑ 34. Well ❑ ❑ ❑ 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45, 46. 47. 48. 49. 50. 51. 52. 53, 54. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 83 -92. If a well is not in use, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not transferable. If a well is operable and properly maintained, a maintenance permit is not required. OTHER WELL INFORMATION Date well water last tested for contaminants: Test results attached? Yes= No= Comments: Contaminated Weil: Is there a well on or serving the property containing contaminated water? Yes= No= SEALED WELL INFORMATION For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes= No= MAP Complete the attached MAP showing the location of each well on the real property. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any partylies in this transaction, and is not a substitute for any inspections or warranties the party lies may wish to obtain. CERTIFICATION BY SELLER I certify that the int' rmat provided above is accurate and complete to the best of my knowledge. Beatrice Dolan (Seller or Designated Representative) (Date) (Seller or Designated Representative) 55. BUYER'S (Date) W. Peter Enck, President, New'Hope EDA Daniel I. Donahue, Executive Director, New Hope EDA (Buyer) (Date) (Buyer) (Date) 57. MN -wDS -1 (10/03) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. WELL DISCLOSURE STATEMENT 58. Page 2 of Pages. 59. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 60. DEFINITION 61. A "well' means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the 62. excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. 63. MINNESOTA UNIQUE WELL NUMBER 64. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by 65. the person constructing the well. If the well was constructed after this date you should have the unique well number in 66. your property records. If you are unable to locate your unique well number and the well was constructed AFTER 67. January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and 68. year of construction for each well. 69. WELL TYPE 70. Use one of the following terms to describe the well type. 71. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. Examples of 72. water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal wells. 73. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 74. diameter wells connected to a large pressure distribution system. 75. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is typically 76. used to access groundwater for the extraction of samples. 77. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for construction or 78. use of underground spaces. 79. INDUSTRIALICOMMERCIAL WELL: An industrial/commercial well is a nonpotable well used to extract 80. groundwater for any nonpotable use including groundwater thermal exchange wells (heat pumps and heat loops). 81. WELL USE STATUS 82. Indicate the use status of each well. CHECK ONLY ONE (1) BOX PER WELL. 83. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes a well. 84. that operates for the purpose of irrigation, fire protection, or emergency pumping. 85. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not been 86. sealed by a licensed well contractor. 87. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 88. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has a metal 89. or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry into the well. A 90. "capped" well is not a "sealed" well. 91. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, 92. check the well status as not in use. 93. If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 94. 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800- 383 -9808 (greater Minnesota). 95. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Schedule °A" Legal Description That part of Lot 39, .Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at a point 410 feet East of the Northwest comer thereof, thence East along the North line a distance of 90 feet; thence South parallel with the West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller /Davis Co. O SL 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 7643 Rasa Lake Road 5. in the City of __ New Hope County of Hennepin State of Minnesota legally described as follows or 6. attached sheet (the "Property ") SF,E SCHEDiTLF "A" ATTACHFD HERETO 7. 8. This disclosure is not a warranty of any kind by the Seller(s) or any Licensee(s) representing or assisting any Party(s) in this 9. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 10. BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND /OR INSPECTIONS 11, OF THE SEWER SYSTEM AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN 12. BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECTION /DEFECTS. 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 sale, a Seiler 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 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 THEAPPROPRtATEBOX.) 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 E] with open end 35. H Seated System (holding tank) 36. Other (Describe): 37. Is the sewer system(s) currently in use? Yes_ No �L 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. 41 Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? 47. Describe work performed to the system since you have owned the Property: 48. 49. Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requirements? 51. Is the system shared? How many units on system Annual fee ?_ __ 52. Comments: 53. On this Property: 54. Approximate number of: people using the sewer system showers /baths taken per week _wash loads per week 55. Distance between well and sewer system: 56. Have you received any notices from any government agencies relating to the sewer system? Yes_ No 57. If "Yes ", see attached notice. MN -PSSD (8/02) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8/021 PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 59. Are there any known defects in the sewer system? Yes_ No 60. If yes, please explain 61. 62. -- 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. 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) Beatrice Dolan (Date) (Seller) (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. ]/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no representation 69, regarding the condition of the Private Sewer System have been made, other than those made above. LISTING BROKER AND 70. LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE 71. PRIVATE SEWER SYS EM. � 72. /f' ; � 4- . /7h (Buyer) W. Peter Enck, President (Date} (Buyer) Danie Donahue, Executive Director (Date) New Hope EDA New Hope EDA 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 74. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, I/We, the Seller(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have been 76. initialed and dated. _ 77. )> —(. 1 .C2— A7,r9'f�_,ti (Seller) Beatrice Dolan (Date) (Seller) (Date) 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Schedule "A" Legal Description That part of Lot 39, Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at a point 410 feet East of the Northwest corner thereof, thence East along the North line a distance of 90 feet; thence South parallel with the West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Miller/Davis Co. m St. Paul, MN 651.642 -1988 mooes — 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 I 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: 7641 Bass Take Road New Hope, Minnesota 55428 5. 1 ATTACH ADDITIONAL SHEETS AS NEEDED 6. Seller and Buyer Initial: Seller(s) Buyer(s) 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED,