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IP #741STS Consultants, •' Confirmati . • • _ ! t fir '7C f 1.7T CLIENT: Mr. Kirk McDonald DATE: June 15, 2004 City of New Hope 4401 Xylon Av N New Hope, MN 55428 STS Project 99551 Fax: 763- 531 -5136 RE: Laboratory Proctor and Field Density Testing at Six Lots within the City of New Hope Addresses: 7601 Bass Lake Road 7605 Bass Lake Road 4317 Nevada Av N 5400 Winnetka Av N 5500 Winnetka Av N 5506 Winnetka Av N We understand RJK Contracting recently performed demolition at six lots within the City of New Hope. As part of their work, they placed fill soils at the former basement areas. The fill soil was not imported, but obtained from other areas of the lots. This Confirmation and Agreement for Services confirms the authorization by you on June 14, 2004 to perform laboratory Proctor tests and field density tests on the fill soil. We anticipate our testing will be provided on a part -time basis, coordinated through RJK Contracting personnel. We charge for our testing on a unit price basis. Our final charges will be based on the actual scope of work requested and authorized, extended at the unit prices shown on the enclosed Fee Schedule. This Confirmation and Agreement for Services is valid through December 31, 2004. If services to be provided under this Agreement require the agents, employees, or contractors of STS to enter into the Project site, Client shall provide right -of- access to the site to STS, its employees, agents and contractors, to conduct the planned field observations or services. The terms and conditions on the reverse of this page and Fee Schedules which are attached are expressly incorporated into, and are an integral part of our contract for services. Please indicate your acceptance of this Confirmation and Agreement by having an authorized representative of your firm execute one copy and return it to the undersigned prior to commencement of STS' services. If in the reasonable judgment of STS, the scope or nature of the services to be performed by STS, in respect to the above - referenced project, change or deviate materially from the scope or nature of the services described above, STS may at its discretion, suspend performance of its services, until a written agreement superseding this Agreement and adjusting the scope, schedule, fees, and terms and conditions has been executed. If such a superseding agreement is not agreed to within a reasonable time, STS may terminate this Agreement. STS Consultants, Ltd. Melatiie Fi ge P.E., Seni Project Engineer 1 Michael T. Russell, P.E., Regional Vice President June 15, 2004 Date City of New Hope Signature Name & Title Date STS Consultants, Ltd. Consulting Engineers 10900 - 73 Ave. N., Suite 150 Maple Grove, MN 55369 -5547 P699551 -t.doc 763/315 -6300 / FAX 763/315 -1836 CONFIRMATION AND AGREEMENT TERMS AND CONDITIONS BILLINGS AND PAYMENTS STS shall submit invoices monthly for services performed and expenses incurred and not previously billed. Payment is due upon Client's receipt of invoice. For all amounts unpaid after 30 days from the invoice date, as set forth on STS' invoice form, the Client agrees to pay a finance charge of one and one -half percent (1 -1/2 %) per month, eighteen percent (18 %) annually. The fees described in this agreement may be adjusted annually on the anniversary date of the effective date of this agreement. The Client's obligation to pay for the services performed by STS under this Agreement shall not be reduced or in any way impaired by or because of the Client's inability to obtain financing, zoning, approval of governmental or regulatory agencies, or any other cause, reasons, or contingency. ACCEPTANCE If STS is given verbal or written notification to proceed, without first receiving a signed copy of this Confirmation and Agreement, it will be mutually understood that Client and STS will, nonetheless, be contractually bound by this Confirmation and Agreement, even in the absence of written acceptance by Client. A signed copy of this Confirmation and Agreement must be returned to STS before a written report can be submitted. SAFETY It is understood and agreed that, with respect to Project site health and safety, STS is responsible solely for the safe performance by its field personnel of their activities in performance of the required services. it is expressly agreed that STS' professional services hereunder do not involve any responsibility for the protection and safety of persons on and about the Project nor is STS to review the adequacy of job safety on the Project. it is further understood and agreed, and not in limitation of the foregoing, that STS shall not be in charge of, and shall have no control or responsibility over any aspect of the erection, construction or use of any scaffolds, hoists, cranes, stays, ladders, supports or other similar mechanical contrivances or safety devices as defined and interpreted under any structural work act or other statute, regulation or ordinance relating in any way to Project safety. Client shall provide, at its expense, facilities and labor necessary to afford STS field personnel access to sampling, testing, or observation locations in conformance with federal, state, and local laws, ordinances and regulation specifically, including, but not limited to regulations set forth in OSHA 29 CFR 1926. SAMPLES STS reserves the right to discard samples immediately after testing. Upon request, the samples will be shipped, (shipping charges collected) or stored at the rate indicated in the fee schedule attached. STANDARD OF CARE STS represents that it will perform its services under this Agreement in conformance with the care and skill ordinarily exercised by reputable members of the professional engineering community practicing under similar conditions at the same time in the same or similar locality. NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AT COMMON LAW OR CREATED BY STATUTE, IS EXTENDED, MADE, OR INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. STS is not responsible for supervising, directing, controlling or otherwise being in charge of the construction activities at the Project site, or supervising, directing, controlling or otherwise being in charge of the actual work of the contractor, its subcontractors, or other materiaimen or service providers not engaged by STS. HAZARDOUS SUBSTANCES It shall be the duty of the Client to notify STS of any known or suspected hazardous substances or constituents which are or may be present at or contiguous to the Project site or which may otherwise affect the services to be provided. Such hazardous substances shall include, but not be limited to, any substance which poses or may pose a present or potential hazard to human health or the environment whether contained in a product, material, by- product, waste or sample and whether it exists in a solid, liquid, semi- solid or gaseous form. The Client shall notify STS of all such hazardous substances of which it has knowledge or which it reasonably suspects exist upon entering into this agreement. Thereafter, disclosure and notification to STS shall be required as soon as practicable upon discovery of any other hazardous substances or upon discovery of increased concentrations of previously disclosed hazardous substances. Following disclosure as set forth in the preceding paragraph, or if any hazardous substances or conditions are discovered or reasonably suspected by STS after its services are undertaken, STS may, at its discretion, suspend its services until reasonable measures have been taken at the Client's expense to protect STS' employees from such hazardous substances or conditions. Whether or not STS suspends its services in whole or in part, the Client and STS agree that the scope of services, terms and conditions, schedule and the estimated fee or budget shall be adjusted in accordance with the disclosed information or condition, or STS may, at its discretion, terminate the Agreement. In the event that this Agreement is terminated pursuant to this Section, the Client shall pay STS for all services rendered prior to termination and all termination expenses. ALLOCATION OF RISK IT IS AGREED THAT THE CLIENT'S MAXIMUM RECOVERY AGAINST STS FOR THE PROFESSIONAL SERVICES PERFORMED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS $25,000 OR THE AMOUNT OF STS' FEE, WHICHEVER IS GREATER. IT IS EXPRESSLY AGREED THAT THE CLIENT'S SOLE AND EXCLUSIVE REMEDY AGAINST STS FOR PROFESSIONAL SERVICES PERFORMED UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE STIPULATED $25,000 FIGURE, OR THE AMOUNT OF STS' FEE, WHICHEVER IS GREATER. IN NO EVENT SHALL STS BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR CLIENTS LOSS OF PROFITS, DELAY DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE ARISING AT ANYTIME OR FROM ANY CAUSE WHATSOEVER. DISPUTE RESOLUTION All claims, disputes, controversies or matters in question arising out of, or relating to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, (collectively "disputes ") shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and STS shall select by mutual agreement a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client and STS within ten (10) calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. If a dispute cannot be settled through mediation as set forth above, then such dispute shall be decided by arbitration in accordance with the construction Industry Arbitration Rules of the American Arbitration Association then in effect. Demand for arbitration shall be made by either party within ten (10) calendar days following termination of mediation. The date of termination of mediation shall be the date of written notice of closing mediation proceedings issued by the mediator to each of the parties. Demand for arbitration shall be made by filing notice of demand, in writing, with the other party and the American Arbitration Association. The award rendered, if any, by the arbitrators) shall be final and binding on both parties and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. Notwithstanding any other provisions of this Section, in no event shall a demand for mediation be made more than two (2) years from the date the party making demand knew or should have known of the dispute or six (6) years from the date of substantial completion of STS' participation in the Project, whichever date shall occur earlier. All mediation or arbitration shall take place in Chicago, Illinois unless Client and STS agree otherwise. The fees of the mediator or arbitrator(s) and the costs of transcription and other costs incurred by the mediator or arbitrator(s) shall be apportioned equally between the parties. ASSIGNS Neither the client nor STS may delegate, assign, sublet or transfer its duties, responsibilities or interests in this Agreement without the written consent of the other party. SEVERABILITY In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. SURVIVAL All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and STS shall survive the completion of services and the termination of this Agreement. T8C_CONF.DOC 3/98 Charges for technical personnel will be made for time spent in the field, in consultation, in preparation of reports and invoices, in administrating contracts and project coordination, and in traveling. *Overtime will be charged after 8 hours per day; before 7:00 am and after 6:00 pm Monday through Friday; or all day Saturday — technical rate x 1.25. Doubletime will be charged on Sundays or Holidays — technical rate x 2. Four hour minimum per day. Expert Witness Testimony will be billed at the rates shown here x 1.5. Additional laboratory tests identified in our proposal will be billed on hourly rate basis plus expenses, expendables and equipment. The cost of equipment to complete the project will be identified in our proposal. Technical Classifications Principal Per Hour $ 128.00 Senior Consultant Per Hour $ 100.00 Technical Project Staff Per Hour $ 82.00 Technical Support Staff Per Hour $ 48.00 Senior Technician* Per Hour $ 55.00 Technician* Per Hour $ 50.00 Laboratory Services Soils and Aggre_gates Standard Proctor (ASTM D698) Per Test $ 90.00 Modified Proctor (ASTM D1557) Per Test $ 95.00 One Point Per Test $ 60.00 Clay Preparation Per Test $ 50.00 Sieve Analysis (ASTM C136, C117) 1 -1/2" to #200 & wash Per Test $ 68.00 Percent Finer than No. 200 Sieve (ASTM D1140 or C117) Per Test $ 35.00 Moisture Content Per Test $ 10.00 Concrete Compressive Strength of Concrete by Cylinders, Including Curing & Mold (ASTM C -39) Design Strength Below 8000 psi Per Test $ 15.00 Reserve Cylinder, not tested Per Cylinder $ 7.00 Cylinder Molds Per Mold $ 1.50 Expenses and Expendables All Expenses to Complete the Project Cost + 15% Mileage Per Mile $ 0.60 All Expendables to Complete the Project Cost + 15% Nuclear Moisture - Density Meter Per Hour $ .12.00 Per Week $ 300.00 Dynamic Cone Penetrometer Test Per Test $ 12.00 Static Cone Penetrometer T est Per Test $ 12.00 Minnesota 2003 R04 STS Consultants Ltd. F699551 -1.DOC Consulting Engineers Miller/Davis Co., St. Paul, MN MINNESOTA DEPARTMENT OF HEALTH MDH USE ONLY Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164-0975 (651) 215-0819 or 1-800-383-9808 WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Person filing deed must attach $30 fee payable to the county recorder. A. PROPERTY DESCRIPTION Attach a legal description of the property. COUNTY LOT NUMBER BLOCK NUMBER ADDITION NAME Hennepin STREET ADDRESS 5506 Winnetka Avenue North CITY STATE ZIP CODE P.I.N. (OPTIONAL) New Hope Minnesota 55428 05-118-21-33-0004 B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING FIRST MIDDLE LAST COMPANY NAME (IF City of New Hope ADDRESS 4401 Xylon Avenue North ADDRESS CITY STATE ZIP TELEPHONE New Hope Minnesota 55428 C. CERTIFICATION BY SELLER I certify that the information provided on this certificate is accurate and complete to the best of my knowledge. Name of Seller (Please Print) Signature of Seller or Designated Representative of Seller Date D. CERTIFICATION BY BUYER The buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate for all deeds given in fulfillment of a contract for deed if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this well certificate. No signature is required by the buyer if the seller has sinned 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. Signat of B*' e oe De ionatecl Representative of Buyer Date IMPOFfTANT NOTE: The Minnesota Department of Health (MDH) will follow-up with the property buyer regarding any wells disclosed as not in use. if a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from the MDH for $125. A copy of this well disclosure certificate should be provided to the property buyer. 7/02 MINNESOTA DEPARTMENT OF HEALTH WELL DISCLOSURE CERTIFICATE PLEASE TYPE OR PRINT ALL INFORMATION Fill out a separate well information page if more than three wells are located on the property. WELL #1 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER Hennepin SW 1/4 of SW 1/4 5 118 21 WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ❑ NOT W USE (2)© SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) 2003 NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR licensed well sealing contractor, check the well status as not in use. WELL #2 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ❑NOT IN USE (2)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 If the well has been sealed by someone other than a licensed well contractor or a CONTRACTOR licensed well sealing contractor, check the well status as not in use. WELL #3 COUNTY QUARTER (OR GOVERNMENT LOT) SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER WELL STATUS (Check only one box) YEAR WELL WAS SEALED OR WELL IS: ❑ IN USE (1) ❑ NOT IN USE (2)❑ SEALED BY LICENSED WELL CONTRACTOR (3) SEALING RECORD NUMBER (IF KNOWN) (Call MDH to verify sealing record is on file.) NAME OF LICENSED WELL If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, check the well status as not in use. CONTRACTOR SKETCH MAP - Sketch the location of the well(s) and include estimated distances from roads, streets and buildings. IF MORE THAN ONE WELL ON PROPERTY, USE THE WELL LOCATION NUMBER ABOVE TO IDENTIFY EACH WELL. The location of the well(s) must be provided. if the location of a well is not known, have the well located by a person qualified to locate walls, such as n licensed contractor. Information provided on this form is classified as public information under Minnesota Statutes, Chapter 13. To request this document in another format call (651) 215 -0811 or TDD (651) 215 -0707 or greater Minnesota through Minnesota Relay Service at 1- 800 - 627 -3529 and ask for (651) 215 -0811. Visit our web site at: www.health.state.mn.us/div/­e-h/"`wells/disclosures/" - HE- 01387 -09 IC #140 -0385 7/02 Schedule "A" Legal Description The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. CLOSING STATEMENT (99.11285) July 31, 2003 5506 Winnetka Avenue New Hope, Minnesota 55428 Mary L. Carlson 4 l P a City of New Hope TIN: 41- 6008870 IEg, Total Purchase Price: Purchaser's Obligation: 153/365ths Base Tax: $222,000.00 say a, +n v Earnest Money: $0.00 Cash at Closing. $222,000.00 a $222,000.00 $222,000.00 ,$ SEL:ER'S' °CUS'S Abstracting and Searches: $432.00 r; Mortgage Payoff: $92,843.35 Overnight Delivery Re: Mortgage Payoff $25.00 , State Deed Tax: $754.80 *Real Estate Tax Adjustment: $173.16 , A , NA Recording Fee for Seller's Affidavit: $20.00 Recording Fee for Satisfaction of Mortgage: $20.00 \ Recording Fee for Well Disclosure Certificate: $30.00 $94,298.31 Title Insurance Premium: $742.50 Conservation Fee: Recording Fee for Warranty Deed: $5.00 $20.00 *Real Estate Tax Adjustment: $827.89 $1,595.39 .`.. Cash at Closing: x $222,000.00 $1,595.39 �n A r ��w �` Purchaser's Costs: NJ $223,595.39 Republic ublic National Title Insurance Co.: DISBURSEMEI�TS� P $1,174.50 ;w Bank One, NA: $92,843.35 Hennepin County Treasurer (Deed Tax): $754.80 Hennepin County Recorder: $20.00 Hennepin County Recorder: $75.00 Hennepin County Recorder (Property Tax): Jensen & Sondrall (Overnight Delivery) $1,001.05 $25.00 Mary L. Carlson: $127,701.69 1 $223,595.39 SELLER: L arl on PURCHASER: CITY OF ,NEWp HOPE By: Its: PA..oyVLB \1- C1ient Folders \CNH \CNH99.11285 -BO 3-Closing Sm.dw r Seller's Obligation: 212/365ths Base Tax: Assessments Certified to Taxes: $1,147.15 $27.06 Paid by Seller: - 1,001.05 Due from Seller: $173.16 Purchaser's Obligation: 153/365ths Base Tax: $827.89 SELLER: L arl on PURCHASER: CITY OF ,NEWp HOPE By: Its: PA..oyVLB \1- C1ient Folders \CNH \CNH99.11285 -BO 3-Closing Sm.dw I U U i UJY.fJJi JJ f• YJG/ CJJ BAmK ME. July 21, 2003 1 JESEN & SONDRALL, pA ATTORNEY AT JANET L BURKF 5506 WINNE7KA AVE N MINNEAPOLIS, MN 55428 Customer MCO Unt Number AR L � RLSON CU$tome Namo; Conflrmahon Number. 732021392134001 Dear JANET L BURKE, Be: Installment Loan AccOunt requested, the payoff information on your account is We appreoiate Your business at Bank One. As outlined below: 003 $92,531.12 Today's Payoff Amount Neld Daily nt rest/Per Dim Principal Balance Interest Due Pre Payment t=ee Late. NSF, & Other Charges Insurance Premium Due 1 suranee Refund Date:0 114114. Date. 0811411003 $22.93 $91,673.8 $917.24 $0.00 $0.00 $0.00 $0.00 $O.OD I Lien Release Filing Amount, please add the daily otf is made utter the date shown above as "Today's Payoff If the ray ) tp the listed payof amount. Please note Ufa foltowrn4 i w11sn (merest (per d o o ff form existing 1031 account ACTH debits obtaining 3 pa off to • 1 he payoff h818nca ma not Include charged back pOYments due to r � t � m of our loan pat or unpvs o�na a Oil rat satnvu the enure Ioen b call us lan �e day Y Pnsure y y our monthly paYmCnt must bb received at loasi 5 days before your Schedu d dug dale. If you h �P S loan, n pP p (AC V from a dep0stt account to apply Y° dirovUy your /1x,13 '�' -Si la-- .� �.+� �+. ._.+.....� +..+ av r r� aril ��. v, •V i V O (OJ`tJJJl �J f . GJ� GJ PLEASE NOTE! Collateral securing your account, if any, r e d of trial af a ll outstanding account obligations have been paid and the Bank Is assured of nal cF+P -ck o 'Today's Payoff Amount" referenced above is subject to change as noted above and final verification. be To receive same day credit and avoid accruing of additional interest, payoff funds must a a merit). Payments will only be remitted in US dollars by eashler's check, certified check, title company check, or wire transfer and received before 10:00 A.M, (of the location receiving p Y applied or credited Monday through Friday, except for Weekdays at are federal banking holidays- Pease make all checks pay able to Bank One and remit to: Maiiing Address: Bank One Loan Servicing, TX1 -1300 PO BOX 901093 Fort Worth, TX 76101 -2093 Overnight Address: Bank One Loan Servicing TX1 -1300 , ion Taylor St S T6 nz Fnrt Worth, 'CX We appreciate your twainess and are committed to providing ou with quality serVioe, it has anK a Will a your lender of been a pleas to sE:rve you, and in the fu ture, e, we hope that On choice for all l,Q t financial al ' banking needs. For addlt+unal Information or to obtAin another loan, please call Bank One at 1 -80"00 -LOAN. sincerely, Bank One Loan Servicing Member FDIC ** TOTAL PAGE.03 ** MAY.17. R U3 1: WM ULU KtrU IlILt b J/l IIbU * O R National TW tasatance ComPanY 400 Second Avenue South Minneapolis, MN 56401-2499 Phone: (612) 371 -1111 3ENSEN & SONDRALL, PA EDINBURGH EXECUTM OFk"i'_CE $525 EDINBROOX CROSSING #201 BROOKLYN PARK, NAB 55443 -1968 Attention Steven Soudrall U. Yo I---r. Ll invoice: 649154 Date: 05/15/2003 Flie No.: OR1069440 - Z Account No.: 588 - 0 Customer Reference: City of NEw Hope DESCRIY a lt,� Sellers: Carlson, Mary L. Owners: 5222,000.00 Buyers: City of New Hope Mortgage: $10 Lender: JENSEN & SONDRALL, PA 'property Addr: 5506 Wmuetka Avenue North, New Hope MN, , Au&t 000 Legal: The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision 226,Hennepin County, Minnesota. Abstract property I County: Hennepin AMOUNT 74250 01 PftEmnw- OWNER'S POLICY 125.00 11 SERVICE CHARGE 25.00 11 NAME SEARCH - TITLE DMIT. 28200 21 ABSTRACT I`EES TOTAL AMOUNT DUE; 1,114.50 Comments. Closing Date Closing Time: Invoice Prepared By: BENEDICT . $ r JS Form No. 3 -M — WARRANTY DEED Individual(s) to Corporation or Partnership STATE DEED TAX DUE HEREON: $754.80. Date: ! (c j 2003. FOR VALUABLE CONSIDERATION, Mary L. Carlson, a single person, Grantor, hereby conveys and warrants to the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota; Subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances belonging thereto. . Mary .Carl n STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this �_'>L day of 2003 by Mary L. Carlson, a single person, Grantor. (Notarial Stamp or Seal) r ® STEVEN A SONORALL • �` _ //� NtT WPJ8W MWESMA , Notary Public • AMMA10AAAAAAAMP e THIS INSTRUMENT DRAFTED BY: Tax Statements for the real property described in this instrument should be sent to: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 City of New Hope Brooklyn pa 1-I T f54A7 a4nl x Noah ( 763) 424 -88 P:\ AaomeyVLB lDocumeaulCNH99.11285-001•Wa ty Deed.dm Auditor use only MINNESOTA Department of Revenue Certificate of Real Estate Value PE -20 Buyers' last nome(s), first, middle initial Address Daytime phone City of New Hope 4401 Xylon Avenue North Sellers last nome(s), first, middle mma) Nr c, HO New a' dd ess �i428 Day ph. Carlson, Mary L. ( 1 Street address or rural route of property purchased City or township County 5 506 Winnetka Avenue North New Hope Hennepin K'f " Date of deed or contract Legal description of property purchased (lot, block and plat, or attach 3 copies of the legal description) The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Financial arrangements Was personal pro y such as furniture, inventory or equipment included in the purchase price? yes X : no r IF yes, describe be ow and list current (nor replacement) value. (Use the bock of this poge iF needed.) — Total purchase price $222,0 ' Down payment $222, ±4 Points or prepaid interest paid by seller 6 Type of acquisition (check all that apply) Buyer and seller are relatives or �� Transaction involved the trade of related businesses 11 property ❑ Property is a gift or inheritance ❑ Buyer is a religious or charitable organization $ l L Buyer is a unit of government ❑ Condemnation or foreclosure transaction Payoff or resale of contract 7 Type of property transferred (check all that apply) � El Land onl ! Y ® Land and buildings _ El Construction of anew building _ after January 1 of year of sale 8 Planned use of property (check one) $ $ Total personal property current value: $ 5$N/A '^ Name added to or co- owner's name —i removed from deed (not a sale) I ! Buyer purchased partial interest only Purchase agreement signed over two Year' ago. Year signed Residential, single family If you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. J Residential duplex, triplex Agricultural Commercial industrial ❑ (number of acres): ❑ Itype of business): ❑ Cabin or recreational Aponment building jj� - Inoncommercial) ❑ (number of units): L.1 Other (describe): 8A Will this property be the buyer's principal residence? ❑yes Z no Method of financing (complete only if seller- financed, including a contract for deed or assumed mortgage) Check: Assumed Contract Mortgage or contract for deed amount at purchase Monthly payment for Interest rate t principal and interesect Total number Dote of any lump sum Mortgage for Deed GA now in effect of a meats p ayments (balloon) payments 9 __ ❑ " d Co ! CT I declare that the information on this form is true, correct, and complete to the best of my knowled and belief. N �o °'Ip�rim or rypeI --'� I � ` —' C //// 4 . C � /i �- Yr BIY SD I Yr S S; _ �X� j 5 � - -'^-+~ I BI ._. land d ' D 7 aytime phone , ` /�� (rte D.I. Y � Y 2–Z _Ti 77 // .._ _._...... ___. _ iTo1 Primary property idenllficatlan # T Acres ,'Tillable !GER !CRP RIM j Use Deed iYr 1 land I Bldg To I Secondary porcel identification # sooe for study 1 yes no If no, give reason /code b X • HC ! ST 1 Adlc Adis ( Use ITillable EMV I Apt i PM GA : C l i MM :2 MV ID " d Co ! CT PT I Dote I !M j S Are there more porcek7 yss — no Stock No. 6000400 � 1 Put extra identification numbers b on bock of this form. (Re, 6 /96) DEPARTMENT OF REVENUE COPY 816673 T City of New Hope TIN 41-600887Q t Mary r r_ Arll _ Stock No. 6000400 (Rev. 6/96) 3 816673 DEPARTMENT OF REVENUE COPY (Above Reserved For Recording Data) STATE OF MINNESOTA } ) ss. AFFIDAVIT REGARDING SELLER COUNTY OF HENNEPIN ) Mary L. Carlson, being first duly sworn, on oath says that: 1. She is the person named as Grantor in the document dated 2003, and filed for record 2003, as Document No. in the office of the County Recorder of Hennepin County, Minnesota. 2. Said person is of legal age and under no legal disability, is retired, and for the last ten (10) years has resided at: 5506 Winnetka Avenue North, New Hope, Minnesota 55428. 3. The social security number of said person is: MONAW 4. There have been no: a. Bankruptcy, divorce or dissolution proceedings involving said person during the time period in which said person has had any interest in the premises described in the above document ( "Premises"). b. Unsatisfied judgments of record against said person, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said person. 5. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names, during the time period in which the above -named person has had any interest in the Premises, are not against the above -named person, and specifically not that certain bankruptcy dated February 16, 2000, filed as case number 4-00 -771 wherein Merry Carlson is named as debtor. 6. Any judgments or tax liens of record against parties with the same or similar names are not against the above -named person, and specifically not that certain judgment against Maria L. Carlson in favor of CU Recovery, Inc., dated November 6, 2001, docketed January 16, 2002, as case number DCTJ02000714, in the amount of $6,696.51. 7. There has been no labor or materials furnished to the Premises for which payment has not been made. 8. There are no tmrecorded 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 Affaant has knowledge. 11. This Affidavit is made as respects the following described property: The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of inducing the passing of title to the Premises. Ma . C son �. 5 Subscr' ed and sworn to before me this 3i 'day of t 2 3. Notary Public (Notarial $.mp or Sea]) OAANAAARAAAAAA �PIMJC— MINNESOTA y 11y0pR14 ESq�Irae Jan. 31, 20;::; ■ e Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:W..m y\ILB \DO .0 .M\CNH99.11285- 002- Affiba i,.doc ACKNOWLEDGEMENT AND WAIVER BY OWNERS The undersigned, all of the owners (the Owners) of the property known as 5506 Winnetka Avenue North (the Property) acknowledge that they have been informed in writing of the following: 1. The City of New Hope (the City) operates a scattered site housing program, involving the acquisition of certain properties in the City. The City will be negotiating with the Owners for the acquisition of the property by the City; 2. No specific property has to be acquired. It is not required that the City purchase the Property; 3. The Property is not part of an intended, planned, or designated project area where all of substantially all of the property within the area is to be acquired within a specific time limit; 4. The City will inform the Owners of what it considers to be the fair market value of the property. In consideration of the City proceeding with the purchase of the Property from the Owners, the Owners confirm that this proposed purchase is a voluntary transaction, and the Owners hereby waive all rights they have to relocation benefits under the Code of Federal Regulations, 49 CFR Part 24. The Owners also affirmatively represent and warrant to the City that there are no persons or entities with current or future tenancy or leasehold rights in the Property. Dated: Dated: Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev, 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT 0 Copyright 1996, 1997, 2002 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. 1 1. PARTIES, This Purchase Agreement is made on April 2003 , by and between 2 Mar; T. Carlson [marital status] a single person 3 of [seller's address] 5506 Winn tka Avenue North New H pe Minnesota 5542R SELLER, and 4 City of New Hope, a Minn so a municipal corporation $Xs)0)0XX)(J n 5 4401 Xylon Avenue North New Hope Minnesota 55429 BUYER. 6 7 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: The North R0 feet of the South 8 760 fret of lot 311 Auditor's Subdivision No 226 9 10 11 [Property Tax Identification Number or Tax Parcel Number 05- 118 -21 -33 -0004 ] 12 13 located at 5506 Winnetka Avenue North , City of New Heine , 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 [datel May 12 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 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Two Hundred Twertty -Two Thousand and 00 /100 33 34 Dollars ($ 222,000.00 ), which Buyer shall pay as follows: 35 36 Earnest money of $ 0 by PCXSK XKK)K, AMXE - 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 H Other [describe haw the earnest money will be held] 42 43 receipt of which is hereby acknowledged and $ 222 cash, on or before July 31 2003 , the DATE OF CLOSING, and 44 the balance of $ 0 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 110 % of the prior year's taxes, 57 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER / X0=1MWXXAKXX3091X* 58 TMKXK7LVKXXX (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, ]t", X[SAC 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 Seller's share of such taxes. 67 68 [Strike one.] DEMON CX)[OCXKXM L1CltfKX=ICXX)DXXKKKXTOC F)OCNNM KX / SELLER SHALL PAY ON DATE OF CLOSING 69 all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. 70 [Strike oneJ = X / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 71 date of this Purchase Agreement. 72 [Strike oneJ XK900601101=96111=X / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of 73 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 74 provision for payment shall be by payment into escrow of 1 -1/2 times the estimated amount of the assessments.) As of the date of this 75 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 76 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 77 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 78 A.Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 79 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commen- 80 surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; 81 C. or, Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 2 82 !Strike one.J ElUM4"lIK0LVlIM14K ( 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 e9 and the earnest money shall be refunded to Buyer. if the real property is damaged materially but less than substantially prior to closing, 90 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 91 21-day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 92 93 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the 94 boundary lines of the real property. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there 95 has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there . are no present violations of any 96 restrictions relating to the use or improvement of the real property. These warranties shall survive the delivery of the Deed or Contract for Deed. 97 98 10. CONDITION OF PROPERTY. 99 100 A. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, fireplaces (including mechanisms, dampers, flues, 101 and doors), wiring, and plumbing used and located on the real property will be in working order on the Date of Closing. Seller shall 102 remove all debris, and all personal property not included in this sale from the real property before possession date. Seller has no 103 knowledge of any Dutch elm disease, oak wilt, or other disease of any trees on the real property. 104 105 B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by 106 any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 107 as follows: 108 109 110 111 112 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed. Any 113 action based upon these warranties and representations must be commenced within two years after the date on which the buyer 114 closed on the purchase of the real property. 115 116 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 117 regulations, Seller does not plan to have the property inspected. 118 119 E. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1, 2003), Seller must provide .a 120 written disclosure [see (1) below], or Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive 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 I 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 Seiler, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. 149 150 Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. 151 (a) Except as provided in paragraph (b), a seller is not required to disclose information relating to the physical condition of the real property if a written 152 report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this 153 paragraph, "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 type 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 under 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. 966 C ?L O�°ff- 167 �a 168 SELLER �'? �� r—< ti �4 � BUYER 169 Mary . Carls ' By: 17 CI=OFk. E 17 172 SELLER BUYER: 173 Miller /Davis Co., St. Paul, MN - -Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 3 174 Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied 175 representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular 176 purpose. (This paragraph is not intended to waive or limit any provisions of Minn. Stat., Chapter 327A.) 177 178 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 179 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any 180 person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent 181 domain, condemnation, special taxing district, or rezoning proceedings. 182 183 12. TRUTH -IN- HOUSING. Buyer acknowledges receipt of the Truth -in- Housing Disclosure Report or other inspection report if required by the 184 municipality in which the real property is located. 185 186 13. POSSESSION. Seller shall deliver possession of the property not later than date of closing. All interest, fuel oj, liquid petroleum 187 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of date of closing 168 189 14. EXAMINATION OF TITLE. To demonstrate that Seller's title is good and marketable of record, within a reasonable time after acceptance of this 190 Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering 191 bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall 192 have ten 00) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's lawyer examine the title and provide 193 Seller with written objections or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have 194 ten 00) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written objections. Buyer shall 195 be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant 196 to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a 197 good and marketable title of record from Seller. 198 199 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title 200 marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make 201 title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow 202 from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending 203 correction of title, all payments required herein and the closing shall be postponed. 204 A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing 205 that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall 206 take place within ten (10) business days or on the scheduled closing date, whichever is later. 207 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made 208 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to 209 the other, and earnest money shall be refunded to Buyer. 210 if Seller does not C. give notice of intention to make title marketable, or if notice is given but the 120 da 211 9 g y period expires without title being 212 made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 213 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: 214 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be 215 limited to the cost of curing objections to title, and consequential damages are excluded); or 216 (b) Undertake proceedings to correct the objections to title; 217 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void 218 and all earnest money paid shall be refunded to Buyer; 219 3. Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 220 4. Specific performance within six months after such right of action arises. 221 D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect 222 either of the following options, as permitted by law: 223 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention 224 that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 5 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by law. 22 225 E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 227 1. Seek damages from Seller including costs and reasonable lawyer's fees; 228 2. Seek specific performance within six months after such right of action arises. 229 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 230 above and, if mailed, are effective as of the date of mailing. 231 232 17. SUBDIVISION OF LAND. if this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision 233 expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed 234 has been or will be approved for recording as of the Date of Closing. 235 236 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 237 238 19. WELL DISCLOSURE. [Check one of the following.] 239 Seller certifies that Seller does not know of any wells on the real property. 240 Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 [Check either A or 8:1 244 1 A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency 245 (for example, a city or municipal sewer system). 246 B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control 247 Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 [Check either C or D :] 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:1 are / are no abandoned individual sewage treatment systems on the property If Seller 251 discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires 252 that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System 253 with map completed.] 254 21. LEAD PAINT DISCLOSURE. [Check one of the following:] 255 Seller represents that the dwelling was constructed on the real property in 1978 or later. 256 Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real prop - 257 erty, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 ".) 258 259 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if 260 any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these 261 concerns, Buyer might want to include Seller's disclosures regarding these concerns. /Check the box if the following provision ADDENDUM applies to this Purchase Agreement*] El 262 TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is 263 included as an addendum to this Purchase Agreement. 264 265 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by 266 executing and delivering a Minnesota Uniform Conveyancing Blank (Form No. 116 -M, 117 -M, or 118 -M1 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:] New Home City all 4401 XXylon Avenue North, New Home Minnesota 55428 271 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of . 272 completing state and federal tax forms. 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 25. ADDITIONAL TERMS: See Fxhihit A attached whi h -hall be in orporated herein her this reference 26. ADDENDA. Attached are _ 5 addenda which are made a part of this Purchase Agreement. 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed [number] originals of this Purchase Agreement. 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 I agree to purchase the property for the price and terms and conditions set forth above. conditions se above. b �^ CITY O s1 �` , C, t e- z .- r+_ 1 o aBUYER: z i A G1� SELLER: Mary Carl, n (date) BY: (date) C OF NE 3 E SELLER: BUYER: \ -� (date) Y `� t / (date) Steven A. Sondrall, #103391 Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 This Purchase Agreement was prepared by: Lawyer For Buyer Telephone: (763) 424 - 8811 Facsimile: (763) 493 -5193 N/A are: Selling Agent and Broker for this transaction are: N/A Facsimile: Steven A. Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 103391 Miller /Davis Co., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. 2002{ M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT I PAGE 5 Buyer's or Lender's Title Insurer. Telephone: Facsimile: Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 Miller /Davis Co. 0 St. Paul, MN 651 - 642 -1988 aWOCSm" 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 April 1 2003 Addendum to Purchase Agreement between parties dated Page April 2003 pertaining to the purchase and sale of the property at 5506 Winn tka Ave North, New Hope, Minnesota 55428 Section l: Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978, is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women: The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase. ller's Disclosure (initial) v (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). IN Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing. _2h:!Lr� Records and reports available to the seller (check one below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and /or lead -based paint hazards in the housing (list documents below). j 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 ll below); or ® Waived the opportunity to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead/based paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is true and accurate. CITY NE BP J� . ''s' ME Seller son Date $ Purchaser Date CITY OF NEW Seller Date Purchaser Date Real Estate Licensee Date Real Estate Licensee Date Section H: Contingency (Initial only if first box under Purchaser's Acknowledgment letter (e) above is checked.) This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead -based paint and/or lead -based paint hazards to be conducted at the purchaser's expense. The assessment or inspection shall be completed within ten (10)/ _ calendar days after acceptance of the Purchase Agreement. This contingency shall be deemed removed, and the - (strike out one)- the Purchase Agreement shall be in full force and effect, unless purchaser or real estate licensee assisting or acting on behalf of purchaser delivers to seller or real estate licensee assisting or acting on behalf of seller within three (3) calendar days after the assessment or inspection is timely completed a written list of the specific deficiencies and the corrections required, together with a copy of any risk assessment or inspection report. If the seller and purchaser have not agreed in writing within three (3) calendar days after delivery of the written list of required corrections that: (A) some or all of the required corrections will be made; or (B) the purchaser waives the deficiencies; or (C) an adjustment to the purchase price will be made, the Purchase Agreement shall automatically be deemed null and void, and all earnest money shall be refunded to the purchaser. It is understood that the purchaser may unilaterally waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver or removal in writing within the time specified. TLX:SALE (9/00) WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. ° St. Paul, MN 651- 642 -1988 aVAV#CS'"` Form 1519WD (Rev. 9/99) WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. ® 1999, Minnesota Association of REALTORSO, Edina, MN 1. Date April , 2003 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property, 5. the Seller must disclose information in writing to the Buyer about the status and location of all known wells on 6. the property. This requirement is satisfied by delivering to the Buyer either a statement by the Seller that the 7. Seller does not know of any wells on the property, or a disclosure statement indicating the legal description 8. and county, and a map showing the location of each well. In the disclosure statement the Seller must indicate, 9. for each well, whether the well is in use, not in use or sealed. 10. Unless the Buyer and Seller agree to the contrary, in writing, before the closing of the sale, a Seller who fails 11. to disclose the existence or known status of a well at the time of sale and knew or had reason to know of the 12. existence or known status of the well, is liable to the Buyer for costs relating to sealing of the well and 13. reasonable attorney fees for collection of costs from the Seller, if the action is commenced within six years 14. after the date the Buyer closed the purchase of the real property where the well is located. 15. Legal requirements exist relating to various aspects of location and status of wells. Buyer is advised to contact 16. the local unit(s) of government, state agency, or qualified professional which regulates wells for further 17. information about these issues. 18. 19. 20. 21. 22. 23. 24. 25. Instructions for completion of this form are on the reverse side. PROPERTY DESCRIPTION Street Address 5506 Winnetlm Avenue North_ New Hnne MN City Zip County LEGAL DESCRIPTION: The North 8O feet of the Scurth 760 fret of Lot 38, Auditor's Subdivision No 226 26. WELL DISCLOSURE STATEMENT (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 1 le t - 33. Well 34. Well ® ❑ 35. NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 82 -88. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. SEALED WELL INFORMATION 40. For each well designated as sealed above, complete this section. 41. When was the well sealed? 42. Who sealed the well? 43. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No- Unknown - 44. MAP 45. Complete the attached MAP showing the location of each well on the real property. 46. This disclosure is not a warranty of any kind by the Seller(s) or any Agent(s) representing and Party(s) in this 47. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 48. CERTIFICATION BY SELLER 49. 1 certify that the information provided above is accurate and complete to the best of my knowledge. 50, ��14 --t r _ 2e 6 Mary L. Carl n (Salter or Designated Representative) (Date) (Seller or Designated Representative) (Date) 51. BU 'S CK H W P LEDGM ' E ' NTn r , 2003 / f y / / 2l� 52. � B �r Guyer) (Date) (Buyer) (Date) 53. MN -WDS -1 (9/99) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING; UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller /Davis Co. ° St. Paul, MN 651- 642 -1988 WELL DISCLOSURE STATEMENT 54. Page 2 of Pages. 55. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 56. DEFINITION 57. A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise 58. constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of 59. groundwater. 60. MINNESOTA UNIQUE WELL NUMBER 61. All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well 62. number by the person constructing the well. If the well was constructed after this date you should have the 63. unique well number in your property records. If you are unable to locate your unique well number and the well 64. was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, 65. please indicate the depth and year of construction for each well. 66. WELL TYPE 67. Use one of the following terms to describe the well type. 68. WATER WELL: A water well is any type of well used to extract groundwater for private or public use. 69 • Examples of water wells are: domestic wells, drive -point wells, dug wells, remedial wells, and municipal 70. wells. 71. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 72, diameter wells connected to a large pressure distribution system. 73. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 74• typically used to access groundwater for the extraction of samples. 75. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for 76. construction or use of underground spaces. 77. INDUSTRIAL /COMMERCIAL WELL: An industrial /commercial well is a nonpotable well used to extract 78. groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps 79. and heat loops). 80. WELL USE STATUS 81. Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL. 82. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes 83. a well that operates for the purpose of irrigation, fire protection, or emergency pumping. 84. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not 85. been sealed by a licensed well contractor. 86. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 87. throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 88. a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry 89 • into the well. A "capped" well is not a "sealed" well. 90. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 91. contractor, check the well status as not in use. If you have any questions, please contact the Minnesota Department of Health, Well Management Section at (651) 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). Miller /Davis Co. ° 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. m 2002, Minnesota Association of REALTORS®, Edina, MN 1. Date April 2003 2. Page 1 of Pages: THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 5506 Winnetka Avenue North 5. in the City of New Hone County of Hennepin State of Minnesota , legally described as follows or 6. attached sheet (the "Property ") The North 80 feet of the South 760 feet of i of 38, Auditor's S rhdivicion No 226 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 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. PRI SEWER SYSTEM DISCLOSURE (CHECK' THE APPROPRIATE BOX.) � 30. LVl 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 E] 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? Installer Name /Phone: 42. 43. Where is tank located? 44. What is tank size? When was the tank last pumped? How often is tank pumped? 45. Where is the drain field located? 46. What is the drain field size? 47 = Describe work performed to the system since you have owned the Property: 48. 49. Date work performed /by whom: 50. is sewer system entirely within Property boundary lines, including set back requirements? 51. Is the system shared? How many units on system Annual fee? 52. Comments: 53. On this Property: 54. Approximate number of: people using the sewer system showers /baths taken per week _wash loads per week _ 55. Distance between well and sewer system: 56. Have you received any notices from any government agencies relating to the sewer system? Yes_ No 57. If "Yes ", see attached notice. MN -PSSO (8 102) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Form 1519SS (Rev. 8/02) 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 to prospective Buyers. 66. e �2 � t �f t lu ^- /�L �� (Seller) Mary, Carlson (Date) (Seller) (Date) 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) 68. I/We, the Buyer(s) of the Property acknowledge receipt of the Private Sewer System Disclosure and agree that no 69. representation regarding the condition of the Private Sewer System have been made, other than those made above. LISTING 70. BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RE7�ewNSIBLE FOR ANY CONDITIONS EXISTING IN 71. THE PRIVATE SEWER SYSTEM. City of New Hope i.ty pe -' 72. BY= Y: (Bayed 1' y Z y ? (Date) (Buyer) (Date) 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 Seiler(s) of the above Property, agree 75. that the condition of the private sewer system is the same as noted above, including changes indicated above which have 76. been initialed and dated. r) M . � (Sei on (Date) (Seller) (Date) PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 Yes_ No 78. ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. ° St. Paul, MN 651 - 642 -1988 afOCS— 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 April 2003 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: "^` W innetka Avenue North New v 4 e Minnesota 55428 5. ATTACH ADDI ET S EEDED 6. Seller and Buyer Initial: Seller(s) • Buyer 7. MN -PSSWM (7194) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER MLS WARNING: UNAUTHOROM COPYING OF THIS FORM PRDHISITED. I W4 i ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 5506 WINNETKA AVENUE NORTH Seller acknowledges and agrees she shall be responsible for all costs to seal the water well on the property prior to closing. Seller agrees she will provide Buyer with a sealing record or affidavit that the water well has been legally sealed and abandoned. The affidavit shall be prepared by a licensed water well contractor as required by the Minnesota Department of Health and provided to the City prior to closing. The closing on this sale shall be delayed if Seller is not able to provide Buyer prior to closing with the water well sealing affidavit. The City, at its sole option, may proceed with the closing and retain funds from Seller to be held in escrow by the City to properly seal and abandon the water well if Seller has not produced the requested documentation. The escrow shall be for 150% of the City's estimated costs, as determined by the City. The City may complete the closing, take possession of the property and cause the water well to be sealed. The City may reimburse itself from the funds in escrow held from the proceeds payable to Seller at closing. Any monies remaining in escrow after the City's costs are reimbursed shall be immediately paid to Seller. If this option is elected by the City, the work shall be performed by the City within a reasonable time after it acquires possession of the property. Dated: `� �, �, 2003. � .4..u.,. 3e 6u� L. Carlson P:1Aa meyVUM) .0 %CNH99.11285- 001 -FS A m PA.d. M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) t 1RFF #15j.wpd) PAGE 1 of 8 CONDITION OF THE PROPERTY, O Copyright 1998- 2003 by Minnesota State Bar Association, Minneapolis, Minnesota. Intended for use with "Minnesota Standard Residential Purchase Agreement," M.S.B.A. Real Property Form No. 1, (2002 version or later). BEFORE YOU USE OR SIGN THIS FORM, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THE RIGHTS, OBLIGATIONS, AND CONSEQUENCES INVOLVED IN THE USE OF THIS FORM ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disdaims any liability arising out of use ofthisform. This document, dated April , 2003 concerns the real property located at: [streetaddreSS] 5506 winnetka Avenue North, New Hope, Minnesota 55428 and legally described as: The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 M.S.BA. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ UtPF #15j.wpd] PAGE 2 of 8 Seller; If you are using M.S.B.A.- Real Property Form No: 1, Minnesota Standard Residential Purchase Agreement "(©2002! skip this section on `Compliance With Statute." it duplicates Paragraph 10.,E., ofyourpurchaseagreement. COMPLIANCE WITH STATUTE Pursuant to. Minnesota Statutes sections 513.52- 513.60 (effective January 1, 2003), to comply with the statute: Seller must provide a written disclosure [see (1) 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]. This compliance is for Seller's real" property located at [street address]: (SELECT ONLY DIVE "OF THESE. THREE.] Mi] l�� 1 n� PP d3D(31� Ilex` dFSCI(uGe �§ T J 17( e111rFi)a t]1 $ 4Bl � � � n�CGtlraof in tt9e �r�����`'`hf� . (2) Inspection Report. [If (2) is selected, pages 3 -8 of this'form may be discarded.] Buyer has received an inspection report by a qualified third - party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any information in the inspection report. Seller's disclosure of contradictory information is below on page 2 of this form '+^t .. a s r rt� fJf l)�e %tecin p�9f fi friae dtsrred I B r, 1 y"."e"o;iSeJ rA Is. Wmt " t!'[� g)a�x is ytosure aric[ mspe �Qh r'epgr : �rec u) red >Jn er�seotto00 1 DDAIt7CS147/Y' j R W.JI) F SW— Al1JIi 'l7SEts 7Cb' Fp SLt ER Bl�f�Rt SELLER'S DISCLOSURE OF CONDITIONS CONTRADICTORY TO THE INSPECTION REPORT If a copy of the inspection report;has been provided to Seller, Seller discloses to Buyer material facts known by Seller that contradict any information included in the written inspection report: [Use additional sheets if necessary.] M.S.B.A. Real Property Form No. 15 (Pending 1998-2003) Condition of the Property PAGE 3 of 8 DRAFT OF Janua 10, 2003 (9:09am) [ aPF#15j,wpdl 51 52 53 54 55 56 57 59 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 94 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 '100 101 102 103 104 105 106 107 108 109 lip III 112 SELLER'S DISCLOSURE: CONDITION OF THE PROPERTY. VAKIA: SELLER'S STATUTORY DISCLOSURE. LIST HERE ALL MATERIAL FACTS PERTAINING 0 - ADVERSE PHYSICAL CONDITIONS IN THE PROPERTY OF WHICH THE SELLER IS AWARE THAT COULD ADVERSELY AND SIGNIFICANTLY AFFECT. (1) AN ORDINARY BUYER'S USE AND ENJOYMENT OF THE PROPERTY, OR, (2) ANY INTENDED USE OF THE PROPERTY OF WHICH THE SELLER IS AWARE. PART B: CONDITION OF THE REAL - PROPERTY: BUILDINGS, IMPROVEMENTS, LAND. The condition of any personal property to be transferred to Buyer is excluded from this Disclosure. Question Answer C /R ON What year did you buy the property? What year was the house built? How old are the roof shingles or roof surface on the house and attached garage? . . . . . . How old are the roof shingles or roof surface on the detached garage? Have you occupied the property continuously for the past year? If *No,' please explain. — YZ NO Is the house suitable for year - around use? If 'No,' please explain. Y E NO Do you have the prior owners losur6 statements to you? If so, please attach a copy, YES NO SUPPLEMENTAL DISCLOSURES. M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ WF #15j.wpd] PAGE 4 of 8 Question 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Are you aware of any past or current conditions with' any of the following? Explain all of your "YES" answers in the space at the end of this section. Soil or settling problems? YES NO sed trees? YES NO l or insect infestations In any of the buildings (house, garage, shed)? YES NO ing? YES ors or wet walls? Ceiling fans) leakage or seepage anywhere in the buildings? YES .Drain file system, if there is one? Ismok E NO d floors or walls? YES NO ation? YES O backups? YES NO age to any of the buildings? YES N smoke damage in the house or garage (except fires in fireplace or wood burning stove)? YES NO Explain all of your "YES" answers for this section. 1 S V,,O) � 5r 51 r,1C T1ft :3• Exhaust system / make -up air unit YES V1 w \11 QAtA' uP AA W Wc9. Fire Sprinkler System Y S vv 6t�"o� (3 Fireplace flues, dampers, and mechanisms YE9 [Attach additional sheets, if necessaryj Have you made any warranty claims against manufacturers for problems with the property? YE O Has the structure been altered, for example, adding a room, changing the roof, or remodeling an YE interior wall? Have there been any roof repairs or replacements? NO Have you had any pets in the house? YES G07 Explain all of your "YES" answers for this section Ntw �o� 1 w v) - 1 additional sheets, if PART C. CONDITION OF THE MECHANICAL SYSTEMS (HEATING, PLUMBING, ELECTRICAL, GAS), FIXTURES, AND APPLIANCES. The question to be answered for all of these items is, "is this item in working order?" 'in working order' means that the item functions for the purpose that It is intended to perform, that it is not in violation of any public codes or regulations (although it may be nonconforming under current law), that it does not presently need repairs or service, that it is not missing any essential parts, and that its only imperfections are "cosmetic" or signs of "wear and tear' or diminished effectiveness associated with a product of its age. ARP TUP PAt 1 ^1911k1G Cross out items not included in this sale. [LE ONE.J EX lain all of our NO" answers for this section in the s ace at the end Air Conditioners, Window Units (If built into windows) NO. Air Conditioning, Central NO Awnin gs NO Ceiling fans) NO Central Heating System / Furnace NO Central Vacuum Cleaning System NO Dishwasher NO Door bells and buttons NO Drain Tile System Y NO Electrical system ENt NO Electronic Air Cleaner I YES NO Exhaust system / make -up air unit YES NO Fire Sprinkler System Y S NO Fireplace flues, dampers, and mechanisms YE9 NO 177 178 179 as0 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 1 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 M 235 236 237 238 239 240 241 242 243 244 245 246 247 248 PART D: ENVIRONMENTAL DISCLOSURES. RADON. Seller fstrike one] has has no had the dwelling tested for the presence of radon. Written results of any radon test conducted for Seller will be to Buyer within 10 days from the date hereof. Describe any changes made to the dwelling as a result of any radon test additional sheets M.S.B.A. Real Property Form No. 15 (Pending 199 &2003) PAGES of 8 Condition of the Property DRAFT OF January 10, .2003 (9:09am) ( \RPF #15f.wpd) Plumbing YES NO Plumbing fixtures, faucets, sinks, toilets, baths, showers and drains S NO Range / Oven (built in) Y NO Stove hoods YES NO Refrigerator(s) (built in) YES NO Satellite Dish YES NO Sauna heating equipment YES NO Security system YES NO Smoke Detectors YES NO Solar Collectors J'fff NO Storm Doors E NO Storm Windows NO Sump Pump, NO Supplemental heaters ' 75 NO Swimming pool, plumbing and equipment YES NO Trash Compactor YES NO TV Antenna / Cable TV System YES NO Underground irrigation system (sprinklers) YES NO Water heater(s) Y NO Water treatment systems (softener, clarifier, filter) E NO Window hardware NO Window coverings, shades and drapery mechanisms NO Window screens NO Wood burning stove and chimney YES NO Explain all of your "NO" answers for this section: [Use additional sheets if necessary.] PART D: ENVIRONMENTAL DISCLOSURES. RADON. Seller fstrike one] has has no had the dwelling tested for the presence of radon. Written results of any radon test conducted for Seller will be to Buyer within 10 days from the date hereof. Describe any changes made to the dwelling as a result of any radon test additional sheets M.S.B.A. Real Property Form No. 15 (Pending 199 &2003) PAGES of 8 Condition of the Property DRAFT OF January 10, .2003 (9:09am) ( \RPF #15f.wpd) 249 250 251 252 253 254 255 .256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 29D 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) Condition of the Property DRAFT OF January 10, 2003 (9:09am) ( \RPF #15j.wpd) PAGE 6 of 8 Question Answer Question CIRCLE ON Comment or Explanation Are you aware of any asbestos on the property? If "Yes," YES NO please explain. YES ( - N'(:N Are you aware of any inspections for the presence of YES asbestos? If "Yes," please explain and attach a copy of any YES NO inspection reports that have. well been tested for contamination? Attach a copy of any test WFI r WATPD 1 MI IMI!`IDAI IAIATVD Question Answer Question CIRCLE ONET Comment or Explanation Do you know 1f the well water has been tested for YES N contamination? Attach a copy of any test reports that you YES ( - N'(:N have. YES NO If the drinking water is supplied to the property from a well YES NO that Is not located on the property, has the water from that well been tested for contamination? Attach a copy of any test reports that you have. If the drinking water is supplied to the property from a municipal water supply, has the water from that source been tested for contamination? Attach a copy of any test reports that you have. Do you know if are there are any contaminated ground water YES N wells within one -half mile of the well on the property? If "Yes," please explain. AIR POLLUTION. Answer Question Answer CIRCLE ONE7 Comment or Explanation Do you know of any air pollution problems affecting the Pro perty If "Yes," please explain. YES NO Do you know of any odor problems affecting the property? If "Yes,' please explain. YES ( - N'(:N Has there been dust, airborne dirt, or soot problems affecting the property? If "Yes," please explain. YES NO Has anyone smoked tobacco in the house? YES NO NOISF PAI r I ITI11M r VIDDATIrfu Question Answer [CIRCLE ONE] CIRCLE ONE7 Comment or Ex lanation Do you know If there has been any noise problems affecting the property? If "Yes," please explain. YES Nj Are you aware if there has been any mold, mildew, moisture, or water inside the ceiling and roof system? Do you know if there have been any vibrations affecting the property that are not generated at the property? If "Yes," please explain. YES Have you ever called the police to complain about noise in the neighborhood? If "Yes,' please explain, YES N MOLD Question Answer [CIRCLE ONE] Comment or Explanation Are you aware if there has been any moldi mildew, moisture, or water inside the walls? YES Are you aware if there has been any mold, mildew, moisture, or water inside the ceiling and roof system? Y9Z N jp INSURANCE AND INSURABILITY Have you made any claims against your homeowner's YES insurance for damage to the building or its contents? if "Yes," please explain. Have you been denied homeowner's Insurance for this YES N M.S.BA Real Property Form No. 15 (Pending 1998 -2003) PAGE 7 of 8 Condition of the Property DRAFT OF January 10, 2003 (9:09am) t 1RPF #]5j.wpd) 311 312 313 314 315 316 317 Have there been any liability claims made against your YES kVO homeowner's insurance because of the condition of the Property? ff "Yes," please explain. Is the property insured through the Minnesota FAIR Plan? If YES "Yes," please explain. F'AKI E: SELLER'S CONCLUDING DISCLOSL LIST HERE ANY OTHER MATERIAL FACTS, NO T ALREAD Y DISCLOSED. Seller(s) signatures: {%� h i a 't+ L � ,'AhJ S Idt { { ^# 'S. +a dJ� � � ✓TYY' � � ��'3� -� 1 � ' �+\ Y � ' -90 M.S.B.A. Real Property Form No. 15 (Pending 1998 -2003) PAGE 8 of 8 Condition of the Property DRAFT OF January 10, 2003 (9:09am) [ \RPF. #15j.wpdj . 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 SELLER'S SUPPLEMENTAL DISCLOSURE FOR CHANGED CONDITIONS OR FOR INACCURACIES IN THE INITIAL DISCLOSURE. CAUTION: The Minnesota laWrequiring a Seller's Disclosure can be interpreted to mean that Seller shall notify Buyer in writing as soon as reasonably possible before closing of any changed or incorrectly stated conditions. Since the date of Seller's Disclosure will likely be several weeks before the closing date, Seller is cautioned to supplement the Disclosure by disclosing any conditions that have changed since the date of the initial Disclosure and to correct any inaccuracies in the initial Disclosure. � 1Ke .aw�.�y�+ 1�§�' .wS�giJyaveuy4xuuSUeis�fS€SN�J x • K a � a F y h 7 4 7 x t � �eller�s)'�,iattet}lres' �" DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa J Al E l \ SON LL9 P.A. Attorneys At Law October 20, 2003 Ken Doresky Community Development Specialist City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 5506 Winnetka Avenue North Our File No.: 99.11285 Dear Mr. Doresky: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law @j ensen- sondrall.com Enclosed with this letter you will find the original Owner's Policy for the property at 5506 Winnetka Avenue North which was acquired by the City from Mary L. Carlson. If you have any questions with regard to the same, please feel free to call. Thank you. Sincerely, ^] I Jane Burke Paralegal JENSEN & SONDRALL, P.A. jlb @jensen- sondrall.com After Hours Extension Enclosure P: \Attorney \1LB \1 - Client Folders \CNH \CNH99.11285 - 007 - Doresky Undoc OLD REPUBLIC National Title Insurance Company October 17, 2003 Jensen & Sondrall Attn: Janet L. Burke 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 RE: Order Number OR1008440 Z (City of New Hope) Documents indicated below are enclosed: ❑ Abstract of Title No. Z Owner's Policy A22025 -SV- 00030873 ❑ Vendee's Policy ❑ Vendee's Policy ❑ Title Binder ❑ Contract for Deed Document No. ❑ Invoice ❑ Endorsement ❑ Warranty Deed No. Other Documents Yours very truly, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTE: If you have any questions regarding this policy, please call: Ruth Baker at 612 -371 -1111 ext. 1123 Fax 612- 371 -1160. ORDOCS O LETTER MT01216 OLD REPUBLIC NATIONAL TITLE 400 Second Avenue South Minneapolis, MN 55401 (612) 371 -1111 Owner's Policy Issued through the Office of Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 *OLD REPUBLIC ,� National Title Insurance Company * Owner's Policy American Land Title Association Owner's Policy 10 -17 -92 * �c Policy Number A22025 -SV- 00030873 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by a above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, of other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -92 MT01155 (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms.. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge ": or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as detiried in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in She records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate wish regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals. therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third panics as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Bate of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 NIT01155 Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of umnarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The CompanRights Against Non - insured Obli ag ors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liability Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16 Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111. Issued through the office of; Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 t612)371 -1111 Authorized Signatory BY e Pr esident Attest 't Secretary ���ertNa ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 FILE NO: HEN OR1008440 -Z ST. 22 CNTY. 053 PROP. 1 TRAN. 010 Re -Issue Liability: $.00 ORT FORM 402 - ALTA Owner's Policy 10 -17 -92 POLICY NUMBER: A22025 -SV- 00030873 FILE NO.: OR1008440 -Z POLICY AMOUNT: $222,000.00 PREMIUM: $742.50 SC11E'DULE A 1. POLICY DATE August 4, 2003 AT 5:00 PM 2. THE INSURED HEREUNDER, IN WHOM TITLE TO THE FEE SIMPLE ESTATE IS VESTED, AT DATE HEREOF, IS: City of New Hope 3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. SCHEi.i'ULE 7 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. FACTS WHICH WOULD BE DISCLOSED BY A COMPREHENSIVE SURVEY OF THE PREMISES HEREIN DESCRIBED. 2. MECHANICS', CONTRACTORS' OR MATERIALMEN'S LIENS AND LIEN CLAIMS, IF ANY, WHERE NO NOTICE THEREOF APPEARS ON RECORD. 3. RIGHTS AND CLAIMS OF PARTIES IN POSSESSION. ORDOCS ORT STANDARD OWNERS FINAL POLICY MT01138 OSOFP PAGE 1 te a` " * ( * OLD REPUBLIC ,� National Title Insurance Company FILE NO: HEN OR1008440 -Z 4. Taxes not yet due and payable and special assessments, if any. 5. First one -half of taxes for 2003 are paid. Second one -half of taxes for 2003 unpaid on which no penalty will accrue if paid on or before October 15, 2003. 6. Easement for widening Winnetka Ave. as indicated in Document No. 3098629. 7. Storm sewer easement over South 10 feet as evidenced by Document No. 3160227. 8. Sanitary sewer easement over South 5 feet as evidenced by Document No. 3168451. 9. The West 7 feet of premises in question was taken by Hennepin County in condemnation proceedings for highway purposes as indicated in Document No. 6803194. ORDOCS ORT STANDARD OWNERS FINAL POLICY MT01138 OSOFP PAGE 2 *OLD REPUBLIC , National Title Insurance Company p � ngstrorn Analytical, Inc. Y G , ( Pl 29 5001 Cedar Lake Road S. St. Louis Park, MN 55416 Office: (952) 252 -0405 Fax: (952) 252 -0407 City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 August 27, 2003 Re: - Property located at 5506 Winnetka Ave North, New Hope, MN. Dear Ken: Further to our visit to the above referenced property on August 20 2003 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that there are friable and non - friable asbestos containing building materials contained in or on the fabric of the structure. Per the client's request, not to break any holes in the walls, Angstrom Analytical, Inc. did not inspect wall cavities, attic spaces, etc for asbestos containing materials such as pipe /duct insulation, attic insulation, etc. If any suspect materials are found later, they will subsequently be subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). The friable asbestos containing materials are: 1. Approximately 1200 -1300 square feet of assumed asbestos containing vermiculite insulation in the attic. (see MN Dept. of Health enclosure) 2. Approximately 1200 -1300 square feet of asbestos containing ceiling_ texture on the 1S floor. 3. Approximately 60 -70 square feet of asbestos containing insulation in the garage. The non - friable asbestos containing materials are: 1. Approximately 1500 -1780 square feet of floor the and mastic in the basement kitchen, living room, laundry, basement, back porch, 1s floor SW closet, and 1S floor east.. 2. Approximately 85 -100 vinyl cove base and adhesive in the basement kitchen, basement bathroom and laundry. Full Sers ice Laboratory and on -site lndustrial Hyg,;Cn�e Services for the Hazardous fvlaterial Abaten;ent li3dus' 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 5506 Winnetka Avenue North in New Hope, MN. 135 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 six thermostat (possible mercury containing switch), two water heaters, one refrigerator, one stove, one oven, two furnaces, and six to eight fluorescent lights with associated ballasts were noted. 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). 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 ngatrom Analytical & N Environmental Services Building Name: 5506 Winnetka Ave N PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis Survey Date: 8120103 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. Community Development Specialist These results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinolite New Hope, Minnesota 55428 SF = square foot ANTH = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating Basement Kitchen 9x9 Floor Tile 1 -3 CHR 5 120 -130 SF N PD 1 " Floor Tile Mastic 4 -6 CHR 3 -5 120 -130 SF N PD 1 " 1x1 Ceiling Tile 7 -9 ND - 120 -130 SF N PD 0 " Vinyl Cove Base 10 -12 CHR 5 40 -50 LF N PD 1 " Vinyl Cove Base Adhesive 13 -15 CHR 3 -5 40 -50 LF N PD 1 " Small Vinyl Cove Base 16 -18 ND - 20 -30 LF N PD 0 " Small Vinyl Cove Base Adhesive 19 -21 ND - 20 -30 LF N PD 0 " Paper above ceiling tiles 22 -24 ND - 120 -130 SF N PD 0 Basement Bathroom 12x12 Floor Tile 25 -27 ND - 30 -40 SF N PD 0 " Floor Tile Mastic 28 -30 ND - 30 -40 SF N PD 0 " 1x1 Ceiling tile 31 -33 ND - 10 -15 SF N PD 0 " 2x4 Ceiling Tile 34 -36 ND - 15 -20 SF N PD 0 " Vinyl cove Base Ref 10 -12 CHR 5 10 -15 LF N PD 1 " Vinyl Cove Base mastic Ref 13 -15 CHR 3 -5 10 -15 LF N PD 1 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road, St. Louis Park, MN 55416 Office: 952 - 252 -0405 • FAX: 952 - 252 -0407 ngstrorr► Analytical Environmental Services Building Name: 5506 Winnetka Ave N PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis Survey Date: 8/20/03 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 Dorsky SD = significant damage CROC = Crocidolite = These samples were not analyzed. These Community Development Specialist results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinolite New Hope, Minnesota 55428 SF = square foot ANTH = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating Living Room lxl Ceiling Tile Ref 31 -33 ND - 225 -250 SF N PD 0 " 9x9 Floor Tile Ref 1 -3 CHR 5 125 -150 SF N PD 1 " Floor Tile Mastic Ref 4 -6 CHR 3 -5 125 -150 SF N PD 1 Basement Living Room Vinyl Trim 37 -39 ND - 130 -135 LF N PD 0 " Vinyl Trim Adhesive 40 -42 ND - 130 -135 LF N PD 0 " Sheetrock/Tape /Compound 43 -45 ND - 450 -500 SF N PD 0 Sump Room Wall Plaster —skim coat 46-48 ND - 125 -150 SF N PD 0 " Wall Plaster —base 49 -51 ND - 125 -150 SF N PD 0 " Duct Insulation —FG 52 -54 ND - 10 -20 SF N PD 0 Laundry/Mech. Rm. 1x1 Ceiling the Ref 31 -33 ND - 500 -550 SF N PS 0 " 9x9 Floor tile 55 -57 CHR 5 500 -550 SF N PD 1 " Floor Tile Mastic 58 -60 CHR 3 -5 500 -550 SF N PD 1 " Linoleum Countertop 61 -63 ND - 25 -30 SF N PD 0 " Adhesive for linoleum counter 64 -66 ND - 25 -30 SF N PD 0 Full Service Laboratory and On -Site industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road, St. Louis Park, MN 55416 Office: 952 - 252 -0405 • FAX: 952 - 252 -0407 ngstrom Analytical & Environmental Services Building Name: 5506 Winnetka Ave N PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis Survey Date: 8 /20/03 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 Dorsky SD = significant damage CROC = Crocidolite = These samples were not analyzed. These Community Development Specialist results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LF = linear foot ACT = Actinohte New Hope, Minnesota 55428 SF = square foot ANTH = Anthophylhte Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating " Vinyl Cove Base Ref 10 -12 CHR 5 35 -40 LF N PD 1 " Vinyl Cove Base Adhesive Ref 13 -15 CHR 3 -5 35 -40 LF N PD 1 " Plaster —skim Ref 46 -48 ND - 100 -150 SF N PD 0 " Plaster —base Ref 49-51 ND - 100 -150 SF N PD 0 Basement (south) 9x9 Floor Tile 67 -69 CHR 5 400 -450 SF N PD 1 " Floor Tile Mastic 70 -72 CHR 3 -5 400 -450 SF N PD 1 " 1x1 Ceiling Tile Ref 7 -9 ND - 400 -450 SF N PD 0 " Vinyl Cove Base Ref 16 -18 ND - 80 -90 SF N PD 0 " Vinyl Cove Base Adhesive Ref 19 -21 ND - 80 -90 SF N PD 0 Back Porch lxl Ceiling tile Ref 31 -33 ND - 225 -250 SF N PD 0 " Vinyl Cove Base Ref 16 -18 ND - 90 -100 SF N PD 0 " Vinyl Cove Base Adhesive Ref 19 -21 ND - 90 -100 SF N PD 0 " 9x9 Floor Tile 73 -75 CHR 5 225 -250 SF N PD 1 " Floor Tile Mastic 76 -78 CHR 3 -5 225 -250 SF N PD 1 South Stairway Sheetrock/Tape /Compound Ref 43 -45 ND - 300 -350 SF N PD 0 Middle Stairway Sheetrock/Tape /Compound Ref 43 -45 ND - 300 -350 SF N PD 0 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road, St. Louis Park, MN 55416 Office: 952 - 252 -0405 • FAX: 952 - 252 -0407 " ngstrom Analytical & ,Environmental Services Building Name: 5506 Winnetka Ave N PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis Survey Date: 8/20/03 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 Dorsky SD = significant damage CROC = Crocidolite * = These samples were not analyzed. These Community Development Specialist results are inferred a consistent with the analyzed samples in the homogeneous set. 4401 Xylon Avenue North LE = linear foot ACT = Actinolite New Hope, Minnesota 55428 SF _ square foot ANTH = Anthophylhte Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating " Linoleum Steps 79 -81 ND - 15 EA N PD 0 " Linoleum Adhesive 82 -84 ND - 15 EA N PD 0 Attic Insulation —white 85 -87 ND - 1200 -1300 SF N PD 0 " Insulation — vermicul 88 -90 Assumed N/A 1200 -1300 SF N PD 2 1st Floor Kitchen Linoleum 91 -93 ND - 150 -175 SF N PD 0 14 Linoleum Adhesive 94 -96 ND - 150 -175 SF N PD 0 1st Floor Textured Ceiling Spray 97 -99 CHR 3 1200 -1300 SF N PD 2 " Sheetrock/Tape /Compound Ref 43 -45 ND - 9000 -10000 SF N PD 0 1st Fl. SW Closet 9x9 Floor Tile 100 -102 CHR 5 50 -75 SF N PD 1 " Floor Tile Mastic 103 -105 CHR 3 -5 50 -70 SF N PD 1 1s Fl. Entry Adhesive under 9x9 wood tile 106 -108 ND - 40 -50 SF N PD 0 1" Fl. East 12x12 Ceiling Tile Ref 7 -9 ND - 100 -125 SF N PD 0 1" Fl. SW Closet Small Vinyl Cove Base Ref 16 -18 ND - 20 -25 LF N PD 0 Small Vinyl Cove Base Adhesive Ref 19 -21 ND - 20 -25 LF N PD 0 1st Fl. East 9x9 Floor Tile 109 -111 CHR 5 100 -125 SF N PD 1 " FloorTile Mastic 112 -114 1 ND I - 1 100 -125 SF N PD 0 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry Prepared by: Angstrom Analytical, Inc. 5001 Cedar Lake Road, St. Louis Park, MN 55416 Office: 952 - 252 -0405 • FAX: 952- 252 -0407 ngstrom Analytical & Environmental Services Building Name: 5506 Wlnnetka Ave N PSD = potential for significant damage EA = fitting ND = no asbestos was detected in the sample submitted for analysis Survey Date: 8/20/03 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 Dorsky SD = significant damage CROC = Crocidolite * = These samples were not analyzed. These Community Development Specialist 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 ANTE = Anthophyllite Location Material Identification Sample Number Types of Asbestos % Quantity Units Cond. Damage Potential Response Rating " Textured Ceiling Spray 115 -117 ND - 700 -800 SF N PD 0 Exterior Window Glaze 118 -120 ND - 15 -20 EA N PD 0 " Rolled Roofing 121 -123 ND - 250 -300 SF N PD 0 " Rolled Roof Patch 124 -126 ND - 250 -300 SF N PD 0 " Shingles /Tarpaper 127 -129 ND - 2000 -2500 SF N PD 0 " Stucco 130 -132 ND - 5000 -6000 SF N PD 0 Garage Shingles/Tarpaper Ref 127 -129 ND - 450 -500 SF N PD 0 " Sheetrock/Tape /Compound Ref 43 -45 ND - 90 -100 SF N PD 0 " Insulation 133 -135 CHR 40 60 -70 SF N PD 2 Full Service Laboratory and On -Site Industrial Hygiene Services for the Hazardous Material Abatement Industry O 0 i, ngstrom Analytical, Inc. 5001 Cedar Lake Road S. St. Louis Park, MN 55416 s D t" 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 (Client Job or reference: 5506 Winnetka Ave N lNumber of samples: 135 METHOD AND DEFINITIONS The submitted samples were analyzed using the EPA Interim Method #600/M4 -82 -020 (polarized light microscopy with optional dispersion staining). The method defines an asbestos - containing material as one that contains greater than 1% asbestos by weight, and asbestos is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non fibrous forms of minerals are discernible macroscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >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 under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50 %. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point - counted, according to the EPA Interim Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more than one apparent type of material or layer, the percentage of each fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested and may not, due to the sampling process, be representative of the material sampled. j z:i - -- ---------- ------------ --- - - - - -- -------------------------------------- - - - - -- - Date: August 27, 2003 Steve Wallinga, Angstrom Analytical, Inc. Full Service Laboratory and on -silt lndusiriGl ItIglene Services for the Ha=%ardous /v aterial Abatement Industry ngstrom Analytical 4 t , Angstrom Anaflyfical 5001 Cedar Lake Road St. LOUIE, Par;", Mn 554 16 CLIENT Project Location Results Via Data Entry 9/Z.A 3 Approved B & Cr l 0 f Y./ ln, 4 K'-v AVZ CLIENT ADDRESS A4 Client/Receiving # Project # Oy� Analyst ):z -7 (:5 --e s '-�- /) / - r- Date Recd Analyzed 4 'Y',V,j X Y/o 4 vL /y Y:? ? S Assigned/Lab # Date Mailed Phoned NE - H- PIN -r Fax # Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AAYPLIVIM Angstrom Analytical 5001 Cedar Lake Road St. Louis Park, Mn 5541. 6 CLIENT Material Physical Description Project Location Results Via Approximate Percent "Ci tj 3 Approved Data Entry 9/Z.A e 1 & (f r /'�- of ss06 Lt� 4 K A ve tv R ep o–," - Project # CYV Analyst 9 CLIENT ADDRESS Client/Receiving # A44-- )� 1) <5 / 0 7-. le Date Rec'd tVz'�/C"� Analyzed 4 1Y , 2 H4- Xyl— HZI(,, Avg MN Date Mailed Phoned Assigned/Lab # Fax # n Sample Number Material Physical Description Location Asbestos Type Approximate Percent "Ci tj % t bLAC(I- a4 n 3&, Ok SKALL VUJqL COVt&Ki, None Detected None DetectcJ None Detected F Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM/1 Analytical Angstrom Analytical 5001 Cedar Lake Road S. 'Louis Park, Mn 554 16 CLIENT Project Location Results Via Data Entry Approved By r A✓Z Project# 6141 Analyst CLIENT ADDRESS Client/Receiving # A44-- 7-1 Date Rec'd Analyzed yy� W - XY/O Htqor, 04ve- Plv Date Mailed Phoned Assigned/Lab # Fax # Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 A n a l y t i c a l Angstrom Analytical 5001 Cedar Lake Road St, Lou'S Dark, Mn 5541 I ............. .. A A CLIENT Project Location Results Via Data Entry Approved B! e) o f ti r. 1" 14,1-L ss'06 IV 4V7 AVZ Project# Analyst CLIENT ADDRESS A44n- Client/Receiving # Ke7 1) (::, e-e s a Date Rec-'d Analyzed "/Y�J'Z jJEw XY/Q'J yo /c 4v /Y PIN Ss' V27 Date Mailed Phoned Assi gned/Lab # Fax # Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM/1 Angstrom Analylical 5001 Cedar Lake Road St. Loui. Park, Mn 554 16 F-M FORTIN 4 ky, 111 - .111 a mmakyj WE CLIENT Material Project Location Results Via Data Entry IRA"A 3 Approved B �7 Asbestos Type 0 Iq v w N 0 SSO 4 k, 4 K, AVZ cy—/- Project Analyst Date Rec'd Analyzed Date Mailed Phoned CLIENT ADDRESS A44-- K¢ Oor-,eS � j. v",Wz X Y/o 4 ve- /y W SrY2? Fax # Client/Receiving # 7- Yr Assigned/Lab Sample Number Material Physical Description Location Asbestos Type Approximate Percent 3 VOUYI, 60(u None Detected ILO 4 one De.tectc J None Detected L(() 3 3 fw wi') None Detected 3 None Detecte J one Detected None Detected ,fit None Detecte 3 � G one Detected F Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 ® AA/PLM/1 Angstrom Anah?lica! 500 Cedar Lake Road S. Louis Park, Mn 554 Ilk, A CLIENT Material Project Location Results Via Data Entry 9/Z.AA — Approved By. Q 77/ ' Y of /I a L" 14.10 s-Vo 6 tiv 4 K-, Ave AIM C04' Project # Analyst Date Rec'd E 3 Analyzed Date Mailed Phoned CLIENT ADDRESS A44,"- )oz , 7 I) 6 I" j. 4 . Z XY/O 1 A /Y Y:? 7 Fax # Client/Rece # Y 1- Assi gned/Lab # Sample Number Material Physical Description Location Asbestos Type Approximate Percent WALL PLAS rV- AIM C04' AA4�/nf#vr None Deltected one Detecte J I IV to one Detected b�i CO 4T None Detected None Detecte J one Det4l- 0 CT � JIV � UL - G ��ot c None Detected one DetecteJ None Dete Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM/1 Angstrom Anal Ca 5001 Cedar U-I Road St. Louis Park, Mn 5 CLIENT Project Location Results Via Data Entry 1 RAZ 0A Approved B 7 (f r I 0 f " 45 L- HO ?Q. sro'g Lill 1 1 A vz e4r, a—/- Project # Date Rec'd Analyst Analyzed CLIENT ADDRESS A44-- )c-z Doe-'es I-,- Client/Receiving # 4 1Y'J2 XY/O I 4ve MA" Date Mailed Phoned Assigned/Lab # Fax # Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM/1 Angstrom Analytical 5001 Cedar bake Road St. 'Louis Pr. Mn 554 A A A CLIENT Material Physical Description Project Location Results Via Data Entry V/Z.A 3 Approved B C e /Y , Or 4 r, A✓z a Kepa-A Project# L Analyst CLIENT ADDRESS A44-- Client/RecVn# None )� -7 Dor-es h- , 65 - r. Date Rec'd Analyzed- 4 /Y�J - Z Xy/. '4 vc- / Y PIN S-rY2? C, OL'41 'J-td Date Mailed Phoned Assigned/Lab # Fax # Sample Number Material Physical Description Location Asbestos Type Approximate Percent ag& None Detected None DetecteJ 65 � None Detected (Law- T(L-f- C, OL'41 'J-td I J'O C10 S70 J 21t 3 \-Y � 6 2 Angstrom Analytical, Inc. - 5001 Cedar Lake Road -, St. Louis Park, IVIN 55416 - AA/PLM/1 Angstrom Analytical 5001 Cedar Lake Road St.. Louis Pmrk, Mn 55416 • s • CLIENT Material Project Location Results Via Location Asbestos Type Approximate Percent r T(LE Xr Data Entry Approved B C t 0 f /161" N o d ss Iv 4 r-r Avz N I? fp a-/ Project# Date Rec'd 5 /Zu/Q 3 Analyst Analyzed CLIENT ADDRESS A44-- K¢ '7 Do,-.es Client/Receiving # --�3 r 4 1Y , a He- — 2 e y/o H 4vt /y YZ? XY Date Mailed Phoned Assigned/Lab # Fax # Sample Number Material Physical Description Location Asbestos Type Approximate Percent r T(LE Xr to r None Detected Y6 None DetectcJ 81 None Detected Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 Angstrom Analytical 5001 Cedar Lake Road St. Louis i § , Park, Mn 554" 6 wJ=;w;= *1 06141 U N ky, 111 - .1914 1 6 , 14MI livi I No CLIENT Material Project Location Results Via Data Entry V&A 3. Approved B Approximate Percent 0 r Lv,'rwr 4 r, AVZ a —/- R --/- - Project # Analyst 71= CLIENT ADDRESS Client/Receiving # A 17 j 2-7 o Date Rec'd — t�AVA Analyzed 9 &L—A 144 Ht-/e. 4 vc. / y yo? PIN Date Mailed Phoned Assigned/Laff # I Fax # I I Sample Number Material Physical Description Location Asbestos Type Approximate Percent None Detected �b None Detectei None Detected None Detected wff 7 None Detecte J None Detected Vi E&L r �n Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 ® AA/PLM/1 Analytical Alllgstrom Analytical 5001 Cedar Lake Road St. Louis Park, Mn 554 1 14 6 CLIENT Material Project Location Results Via Data Entry !R&A 3 Approved B X71 Approximate Percent 1 4 K'-, A v*z a O—A Project # - k Date ReG'd Date Mailed Analyst V Analyzed Phoned CLIENT ADDRESS A44-- X'e -7 Oor-,es 11 Z X Y/o Ave, !y 14t- SrY27 Fax # — Client/Receiving # (�( - rl> qlf Assigned/Lab # Sample Number Material Physical Description Location Asbestos Type Approximate Percent None Detected one Detect EJ one Detected None Detected None Detecte J None Detected C f t L �4— (i w r6f cc,(< L C' ri r'.' Ow 3 0 91 L 3 Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 Angstrom ApdOplficaj 5001 Cedar U,Ok Roa-7ad I �911111 k Us IN n 554 Z; LO CL77 6 � C 'J Project Location Results Via Data Entry 0/ 03 Approve B c) r- vr_. tv CHIP Project # f Analyst - co Date Rec'd Analyzed Wl'< CLIENT A-15DRfsS X -r A J " J Client/Receiving # lot 47&rs < C. ^4 yva L n 4-OAJ ' � Y 4 1 Assigned/Lab # — 1 l '5-3--Y4# Date Mailed Phoned 1 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 e AA/PLM/1 ngstrom Analytical Angstrom Ani qfic%.al 5001 Cedar 11-alke Roaid �'Sp t . Lo u is. 1 r - * ar Lai':, P in f5i, 4 re CLIENT Project Location Results Via Data Entry 3 120 L Approved Bv, Project # Analyst �I�J\ Date Rec'd Analyzed Date Mailed Phoned CLIENT41)DRE V �7- KIC41 / OILIU< 76 ?Y,i (-f( .,v VC AJ. W lufc,)7�6 ? Fax # Client/Receiving # la'i Assigned/Lab # 7 Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St, Louis Park, IVIN 55416 - AA/PLM/1 \ngstrom Analytical 41tl A ngeftom Anrivfical Rd 1 Olz�� - 3 � IL o, u i s- P - r k,. Pvrl n CLI Project Loca ion 7 Results Via A. Data Entry Approved BVI AJ IfA 6 AS Project # Analyst ti Date Rec'd Analyzed CLIF,!`+T 1)RESS - M41 A Client/Receiving # ffr r-v ,1-r. � V 0 4 Fax # Assigned /Lab Aid/Lab # Date Mailed Phoned Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, IVIN 55416 • AA/PLM/1 ngstrorn Analytical 110 Arngstr= Andytical 9 5001 Ceedar. udke- Road , ' ors .k, '°4.i CLIENT Project Loc tion /V, Results Via Data Entry 9 1 1,6 � 0 :3 Approved Bv- Project # OL Analyst. /O\ Date Rec'd Analyzed Date Mailed Phoned CLIENT �V)))RES r / f l�U: K £ VC, 5 - Fax# Client/Receiving # / /43 Assigned/Lab # Angstrom Analytical, Inc. - 5001 Cedar Lake Road - St. Louis Park, IVIN 55416 - AA/PLM/1 Date: August 15, 2003 To: Regulated Asbestos Industry and Other Interested Parties From: Minnesota Pollution Control Agency Asbestos Program 651- 296 -6300 Minnesota Department of Health Asbestos/Uad Compliance Program 651 - 215 -0900 Subject: Updated Information on Vermiculite, Floor Tile, Transite Air Ducts and Mold VERMICULITE Attached is a news release from the U.S. Environmental Protection Agency (EPA), dated May 21, 2003, calling attention to their national consumer awareness campaign on vermiculite insulation. This news announcement and related fact sheets can be accessed through the internet at ham: / /www.epa.gov /asbestos / . Of particular importance in the information released is the recommendation to identify vermiculite by visual observation only and assume it is asbestos - containing. As stated in the news release: "Due to scientific uncertainties associated with existing testing techniques, there is no easy way or dependable testing method to differentiate between vermiculite insulation that might have some asbestos fibers and vermiculite that does not.... Therefore, it is best to assume that the material may contain asbestos and take the appropriate precautions." MDH and MPCA strongly recommend assuming vermiculite contains asbestos. There is no dependable way of determining the asbestos content of vermiculite. MDH and MPCA have determined that removal of vermiculite insulation assumed to be asbestos containing falls under all applicable state and federal requirements. In the event sampling of vermiculite occurs, the MPCA will be presenting information and developing a fact sheet related to proper sampling of vermiculite later this Fall. In the meantime, either assume vermiculite contains asbestos or for specific questions or guidance about vermiculite sampling procedures contact MPCA at 651- 296 -6300. FLOOR TILE During the summer of 2002, MDH and MPCA issued a joint statement on the question of when floor tile is considered friable. This statement generated considerable discussion in the regulated community. In an attempt to address the concerns of the regulated community, MDH and MPCA have developed the attached joint Floor Tile Emergency Notification Procedure. MDH has also developed anew Floor Tile home page that includes the joint statement, an administrative law judge's decision on a recent enforcement action concerning floor tile, new photographs and the new notification procedure. These items are available on the MDH website at: http: / /www. health. state. mn.us /divs /eh/asbestos /floorti leltr.html TRANSITE AIR DUCTS Please also be advised, that Transite air ducts underneath buildings must be inspected during the thorough inspection that occurs as part of the pre - demolition asbestos building survey. The Transite air ducts must be identified on the initial survey, even if the air ducts are not accessible for abatement prior to demolition. However, after demolition of the materials that is required to gain access to the Transite, the appropriate abatement must occur. The removal of the Transite ducts must be conducted by a licensed asbestos abatement contractor unless the ducts can be removed with little or no breakage. UPCOMING MOLD WORKSHOP The Indoor Air Quality Program of MDH would like to promote the upcoming Mold and Mold Remediation Course scheduled for October. The course is facilitated by the University of Minnesota's Center for Public Health and Outreach College of Continuing Education. More information can be found at www.c]2heo.umn.edu /mold/ United States Office of Public Affairs Office ph. 202 - 564 -4355 Environmental Protection Washington D.C. 20460 www.epa.gov( newsroom Agency (1703A) [ FOR RELEASE: WEDNESDAY, MAY 21, 2003 NATIONAL CONSUMER AWARENESS CAMPAIGN LAUNCHED ON VERMICULITE INSULATION USED IN SOME HOME ATTICS CONTACT: David Deegan 202 -564 -7839 The federal government today launched a national consumer awareness campaign to provide homeowners with important information on vermiculite attic insulation which may contain asbestos. This new campaign, coordinated by EPA and the Agency for Toxic Substances and Disease Registry ( ATSDR), instructs homeowners on how to identify vermiculite attic insulation and recommends that people make every effort to not disturb it. Since some vermiculite attic insulation can contain very low levels of microscopic asbestos fibers, it is important that consumers are aware of the precautions they can take to protect against disturbing and inhaling the asbestos fibers. "The government believes that people should be aware that some vermiculite attic insulation can contain microscopic asbestos fibers, and there are practical steps that homeowners can take to minimize exposure. People who have homes with vermiculite attic insulation should become informed, not alarmed," said Stephen L. Johnson, EPA's Assistant Administrator for the Office of Prevention, Pesticides, and Toxic Substances. "By using the information in this campaign, people can determine if their home contains vermiculite attic insulation and learn how to properly manage it. Well informed consumers can reduce the possibility for exposure to asbestos from vermiculite attic insulation and minimize potential risks." The key recommendations for homeowners to minimize exposure are: • Homeowners should not disturb vermiculite attic insulation. Any disturbance has the potential to release asbestos fibers into the air. • If homeowners must go into attic space with vermiculite insulation, they should make every effort to limit the number, duration, and activity level of those trips. Boxes or other items should not be stored in attics if retrieving them will disturb the insulation. • Children should not be allowed to play in an attic with open areas of vermiculite insulation. • Homeowners should never attempt to remove the vermiculite insulation. If removal is necessary, hire professionals trained and certified to safely remove the material. • If you plan to remodel or conduct renovations that would disturb the vermiculite, hire professionals trained and certified to handle asbestos to safely remove the material. Due to the scientific uncertainties associated with existing testing techniques, there is no easy way or dependable testing method to differentiate between vermiculite insulation that might have some asbestos fibers and vermiculite insulation that does not. Home testing vermiculite in attics is not currently practical. Therefore, it is best to assume that the material may contain asbestos and take the appropriate precautions. That is why EPA and ATSDR are today going forward with this consumer awareness campaign for homeowners WM - More - -2- that will allow them to identify the presence of vermiculite insulation in their attics, and if they have it, how best to reduce their potential exposure to the asbestos it may contain. The campaign includes the nationwide distribution of a joint EPA and ATSDR pamphlet that outlines how to identify and manage vermiculite. The pamphlet will be disseminated to the national news media and through major hardware store chains, and through prominent display on EPA's website: http://www.epa.,eov/asbestosli Information is also available to consumers at a special hotline: 1-800-471-7127. In addition to the launch of today's campaign, the Agency is releasing three new documents on asbestos: a preliminary scientific study on six homes with vermiculite attic insulation, a study by Global Environment and Technology Foundation, and EPA's new Framework for the Asbestos Action Plan. The first document provides a summary of results from a small scale study of six homes with asbestos - contaminated vermiculite insulation where a number of common insulation- disturbance scenarios were examined. The results of this study highlight both the uncertainty relating to current testing methodologies and the potential that when vermiculite attic insulation is disturbed, fibers of asbestos in contaminated insulation can become airborne. However, if the vermiculite is left undisturbed and managed in place, risk of exposure is greatly reduced. The second document is the release of a new report, "Asbestos Strategies," by the Global Environment and Technology Foundation, a non -profit organization located in Arlington, Va. This report, funded by an EPA grant, reflects the efforts of key experts and stakeholders convened to address a range of asbestos issues, and provides recommendations and options for asbestos policy oversight, outreach, and education. This report can be obtained at: www. etf.org. The third document is the "Framework for the Asbestos Action Plan," which outlines fiiture research and risk reduction efforts that the Agency will undertake, including improving the state of science, and identifying and implementing ways to reduce risks from exposure to asbestos. These three documents will guide the Agency's future scientific and risk management strategies on asbestos. Vermiculite is a granular product — absorbent and resistant to heat — that has been in commerce for almost 80 years. Much of the vermiculite used to make attic insulation originated from a mine in Libby, Montana, where there were natural veins of asbestos in the earth. That mine closed in 1990. Currently, vermiculite is mined at three U.S. facilities and in other countries which have lower levels of asbestos contamination in the finished material. For additional information, visit http: /hv,,vw.epa.gov /asbestos/ or call 1 -800 -471 -7127. R143 4 # 9 V1 \ 0 5001 Cedar Lake Road S. ngs r® �l� is t Inc. St. Louis Park, MN 55416 r Office: (952) 252 -0405 Fax: (952) 252 -0407 August 27, 2003 City of New Hope Attn: Ken Doresky 4402 Xylon Avenue North New Hope, Minnesota 55427 Re: - Limited Scope Lead -Based Paint Testing Report This report provides the results of a limited scope lead -based paint testing conducted on August 20, 2003 at 5506 Winnetka Avenue North in New Hope, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect lead -based paint 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 sample 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 (NIST). 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 IndUsfrial Hygiene Services far the Hazardcus Allaterial l bates lent lndu�stry 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 of the painted surfaces that were tested for lead based in the summary portion of this report were all in good (intact) condition. If you have any questions or need further assistance, please call Charles Tye or Rob Landowski at the number above. Sincerely, — 1-?Oe 4 'C5' Rob Landowski Angstrom Analytical, Inc. o White Sheetrock Wall 0.0 !k �gstrornA nalytical, 5001 Cedar Lake Road S. 0.2 Inc. White Wood Front Door 6.3 4) St. Louis Park, MN 55416 4.2 Northwest Bedroom, 1S Floor Office: (952) 252 -0405 6 w fO �° O Y 1'O Fax: (952) 252 -0407 6) White Wood Window Sill 0.3 August 27, 2003 City of New Hope Attn: Ken Doresky 4402 Xylon Avenue North New Hope, Minnesota 55427 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 5506 Winnetka Avenue North in New Hope, Minnesota. All measurements are mg /cm2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Living Room, 1" Floor 1) White Sheetrock Wall 0.0 2) White Ceiling Spray 0.2 3) White Wood Front Door 6.3 4) White Wood Front Door Trim 4.2 Northwest Bedroom, 1S Floor 5) White Wood Window Trim 0.5 6) White Wood Window Sill 0.3 7) White Wood Window Sash 0.2 8) White Wood Exterior Window Sash 6.4 9) Red Metal Window Well 4.2 Full Sc -mice L.abori7tory and cti -rite h7dustrial I ygiEMe Serviccs for the N,,�.?aracus Material Abatcfncnt Industry Kitchen, 1s` Floor 10) White Wood Side Door 1.3 11) White Wood Side Door Frame 4.6 House Exterior 12) White Wood Back Door 4.3 13) White Wood Back Door Trim 4.5 14) White Wood Back Door Frame 3.1 15) Red Metal Window Trim 4.3 16) White Wood Window Sash 4.2 17) White Wood Window Sill 4.4 18) White Wood Back Sun Porch Door 4.2 19) White Wood Back Sun Porch Door Trim 4.3 20) White Wood Back Sun Porch Door Frame 4.1 Garage Exterior 21) Tan Wood Siding 0.2 22) White Wood Pedestrian Door 1.3 23) White Wood Pedestrian Door Trim 4.2 24) White Wood Pedestrian Door Frame 3.1 25) White Metal Overhead Door 0.1