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Please see # for remaining corresponaence REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 5-24-04 Consent Item No By: Ken Doresky, Community - Development Specialist By/ 'A I 6.6 RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO VEIT & CO. IN THE LOW BID AMOUNT OF $103,068.79 (IMPROVEMENT PROJECT FILE 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768) REQUESTED ACTION Staff recommends Council approval of the attached resolution awarding a contract to Veit & Co. in the low bid amount of $103,068.79 for demolition of 14 properties required for the Winnetka Green development. POLICY /PAST PRACTICE For contract exceeding $50,000, staff solicits sealed bids per State of Minnesota requirements. In the past, Veit & Co. has completed work for the city in a responsible manner. BACKGROUND The city currently owns 10 of the 14 properties. Staff expects that all of the subject properties will be in the city's possession by July 31, 2004. Although the demolition bid includes four properties that are not owned by the city, those properties will not be demolished until the city completes acquisition. It is likely that demolition of the remaining four properties will not take place until August 2004. This timeline conforms to the development agreement with Ryland Homes. The four remaining properties are included in Phase 2 of the Winnetka Green development which is not expected to begin until September 2004. On April 12, 2004, the Council passed a motion approving plans and specifications and authorizing advertisement for bids for demolition of the subject properties. Environmental hazards such as asbestos were bid as unit costs and will be removed on an as-needed basis per the environmental hazard surveys. The demolition contractor has indicated that they plan to work with a house mover to move four of the homes to locations outside of the city. In the past, specifications were designed to comprehensively evaluate each site and combine the subject sites with other adjacent city owned properties into a maintainable park-like condition. Due to the timing, associated cost and proposed development grading plans, the specifications did not include that provision. On May 13 a bid opening was held and Veit & Co. submitted the low bid of $103,068.79. Attached, please find a list of the bids. Below, lease find a list of the properties: MOTION BY SECOND BY TO: 1:\RFA\PLANNING\Housin2\East Winnetka RedeveloLment\Q&R — Demolition Contract Award Phase 2.doc Request for Action Page 2 5 -24 -04 1. 5434 Winnetka Avenue North (Single Family Home) 2. 5440 Winnetka Avenue North (Single Family Home) — Planned to be moved. 3. 5446 Winnetka Avenue North (Single Family Home) 4. 5512 Winnetka Avenue North (Single Family Home) 5. 5540 Winnetka Avenue North (Single Family Home) 6. 5519 Sumter Avenue North (Single Family Home) — Planned to be moved. 7. 5531 Sumter Avenue North (Single Family Home) 8. 5537 Sumter Avenue North (Single Family Home) 9. 5538 Sumter Avenue North (Single Family Home) 10. 7609 Bass Lake Road (Single Family Home) — Planned to be moved. 11. 7615 Bass Lake Road (Single Family Home) — Planned to be moved. 12. 7643 Bass Lake Road (Single Family Home) 13. 7801 Bass Lake Road (Multi- tenant Office Building) 14. 7809 Bass Lake Road (Single- tenant Professional Office) 15. Bass Lake Rd Extension pavement (900 square yards) Staff recommends approval of the resolution. FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds would be used for property acquisition, relocation and associated holding costs including demolition. During the 2003 State Legislative Session, the city's TIF special legislation was passed. In December 2003, the district was approved by the City Council. ATTACHMENTS • Resolution • Contract (Exhibit A/Specifications available for review in Department of Community Development) • Bid Summary • Bids (Available for review in Department of Community Development) • Location Map Included in April 12, 2004 Council packet • Advertisement for Bid • Location Map CITY OF NEW HOPE - RESOLUTION NO. 2004 -104 RESOLUTION AWARDING CITY OF NEW HOPE DEMOLITION CONTRACT TO VEIT & CO. IN THE LOW BID AMOUNT OF $103,068.79 IMPROVEMENT PROJECT NO. 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768 BE IT RESOLVED by the City Council of the city of New Hope as follows: 1. That demolition bids were obtained by City staff for 14 properties, Improvement No. 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768: 1. 5434 Winnetka Avenue North (Single Family Home) 2. 5440 Winnetka Avenue North (Single Family Home) 3. 5446 Winnetka Avenue North (Single Family Home) 4. 5512 Winnetka Avenue North (Single Family Home) 5. 5540 Winnetka Avenue North (Single Family Home) 6. 5519 Sumter Avenue North (Single Family Home) 7. 5531 Sumter Avenue North (Single Family Home) 8. 5537 Sumter Avenue North (Single Family Home) 9. 5538 Sumter Avenue North (Single Family Home) 10. 7609 Bass Lake Road (Single Family Home) 11. 7615 Bass Lake Road (Single Family Home) 12. 7643 Bass Lake Road (Single Family Home) 13. 7801 Bass Lake Road (Multi- tenant Office Building) 14. 7809 Bass Lake Road (Single- tenant Professional Office) 15. Bass Lake Rd Extension pavement (900 square yards) 2. It is hereby found and determined by this Council that the bid from Veit & Co. in the low bid amount of $103,068.79 is the lowest responsible bid submitted for the project. City staff has recommended the designated lowest responsible bid to this Council for the award of the contract at the referenced properties. 3. The Mayor and City Manager are authorized and directed to enter into a contract for the performance of said project in the name of the city with the lowest responsible bid. Adopted by the New Hope City Council this 24 dayQf May, 2004, Attest: City Clerk CITY OF NEW HOPE DEMOLITION CONTRACT FOR VARIOUS PROPERTIES For valuable consideration as set forth below, this Contract dated the 24 day of May 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter City) and Veit & Co. a Minnesota Corporation (hereinafter Contractor). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the plans and specifications for the demolition and removal of foundation and other site features on various City /EDA owned properties commonly known as follows (collectively hereinafter the Property): • 5434 Winnetka Avenue North • 5440 Winnetka Avenue North • 5446 Winnetka Avenue North • 5512 Winnetka Avenue North 6 5540 Winnetka Avenue North • 5519 Sumter Avenue North • 5531 Sumter Avenue North • 5537 Sumter Avenue North ® 5538 Sumter Avenue North • 7615 Bass Lake Road • 7609 Bass Lake Road • 7643 Bass Lake Road • 7801 Bass Lake Road • 7809 Bass Lake Road all in the City of New Hope, as further detailed and set forth in the City of New Hope Demolition Specifications attached hereto as Exhibit A (hereinafter Plan) and incorporated by this reference. This Contract and the Plan shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. The work to be performed by Contractor under this Contract (hereinafter the Work) shall include the entire completed demolition, removals and fill, or the various separately identifiable parts thereof, required to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Properties by the demolition and removal Completion Date. 3. CONTRACT PRICE The City agrees to pay Contractor One hundred three thousand sixty -eight dollars and 79/100 cents ($103,068.79) payable upon the City's acceptance of Contractor's performance under this Contract. 4. COMPLETION DATE Contractor shall complete all demolition, removal and site restoration Work under this Contract for each individual property within thirty (30) days after it receives a written Notice to Proceed from the City for each property as required by the by the Plan attached as Exhibit A (hereinafter Completion Date for each property). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the Completion Date for each property: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for each property, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day per property as liquidated damages. 5. INSURANCE Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $500,000.00 b. Automobile Liability for all automobiles: $500.000.00 c. Workman's Compensation: Statutory Amounts d. Umbrella Excess Liability $1,000,000.00 This certificate must provide for the above coverages to be in effect from the date of the contract until thirty (30) days after the Completion Date, and must provide that the insurance coverage will not be canceled by the insurance company without thirty (30) days' written notice to the City of intent to cancel. 6. BONDS The Contractor shall provide a performance bond and a material and labor payment bond, each bond in an amount equal to the contract price, as security for the complete performance and payment of all the Contractor's obligations under this Contract, and issued by a surety licensed to do business in Minnesota. The performance bond and material and labor payment bond shall be in a form acceptable to the New Hope City Attorney. The Contractor shall pay all labor and material suppliers when payment is due and before any claims are filed for the same against any payment bond required by this Contract. 7. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the Work and the safety of the public. 8. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 9. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. 10. NOTICE The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be: ; Telephone Number: ( ) The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531 -5100. 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) CITY OF NEW HOPE By: Its Mayor By: Its City Manager By: Its The foregoing was acknowledged before me this day of , 2002, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. STATE OF MINNESOTA ) ss. COUNTY OF ) Notary Public The foregoing was acknowledged before me this day of , 2002, by , the of a Minnesota on behalf of said Notary Public P:\Attorney \SAS \I Client Files \2 City of New Hope \99 -11287,demolition contracts - carious properties.doc 4 ocC 0000 000 C) q C CD 4 m -, T w m o o a 0 (D C) CD --NCD I Q cl ! C � h R LC I C1 1 r r V! "I C � P C'� cl Lr i O w m4mmmlmom 4 m Lo -, zr m N co r r r r r r N - �t - C w 69' vy W9 6A 60 6q 6R v3 U!) 60 vy 6'3 64 60 v) 60 W GO U9 C) (D C) CD (D 0 00 00 0 00 a C) 0 LO 0 0 C) q q q q q q q q q 0 C q q CD q q q rl- 114: O tYJ r- to (D r- 0 m V I- m N m t- n w 1- (N CO C) L U) U') o CM r-- 'mot N I-- N (D CO m m N 00 (C � C � "'t "t Cl� cc � C\l Oi (\! 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G. 5422VVinnetha Ave. N. 7. 5434VVinnetka Ave. N. 8. 544OVVinnetkaAve. N. S. 544OVVinnetkaAve. N. 1O.558OVVinnetka Ave. N. 11. 5508VVinnethoAve. N. 12.5512VVinnatko Ave. N. 13. 5518VVinnetkaAve. N. 14. 5524VVinnetkaAve. N. 15. 5532VVinnetkoAve. N. 10. 555OVVinnetkaAve. N. 17.551R Sumter Ave. N. 18.5520 Sumter Ave. N. 19. 553O Sumter Ave. N. 30.553O Sumter Ave. N. 21.554G Sumter Ave. N. 22.5558 Sumter Ave. N. 23.7G01 Bass Lake Road Ext. 24.7GO3 Bass Lake Road Ext. 25.7OO5 Bass Lake Road 20.7GO9 Bass Lake Road 27.7021 Bass Lake Road Ext. 28.7G43 Bass Lake Road 29.7801 Bass Lake Road Purchase Agreements 1. 5537 Sumter Ave. N. 2. 7015 Bass Lake Road CITY OF NEW HOPE DEMOLITION CONTRACT FOR VARIOUS PROPERTIES For valuable consideration as set forth below, this Contract dated the 24 day of May 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter City) and Veit & Co. a Minnesota Corporation (hereinafter Contractor). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and the plans and specifications for the demolition and removal of foundation and other site features on various City /EDA owned properties commonly known as follows (collectively hereinafter the Property): • 5434 Winnetka Avenue North • 5440 Winnetka Avenue North • 5446 Winnetka Avenue North • 5512 Winnetka Avenue North • 5540 Winnetka Avenue North • 5519 Sumter Avenue North ® 5531 Sumter Avenue North • 5537 Sumter Avenue North * 5538 Sumter Avenue North ® 7615 Bass Lake Road ® 7609 Bass Lake Road * 7643 Bass Lake Road • 7801 Bass Lake Road • 7809 Bass Lake Road all in the City of New Hope, as further detailed and set forth in the City of New Hope Demolition Specifications attached hereto as Exhibit A (hereinafter Plan) and incorporated by this reference. This Contract and the Plan shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the Work) shall include the entire completed demolition, removals and fill, or the various separately identifiable parts thereof, required to be furnished under this Contract. As part of the Work, the Contractor also agrees to remove all excess material and debris from the Properties by the demolition and removal Completion Date. 3. CONTRACT PRICE The City agrees to pay Contractor One hundred three thousand sixty -eight dollars and 79/100 cents $103,068.79) payable upon the City's acceptance of Contractor's performance under this Contract. 4. COMPLETION DATE Contractor shall complete all demolition, removal and site restoration Work under this Contract for each individual property within thirty (30) days after it receives a written Notice to Proceed from the City for each property as required by the by the Plan attached as Exhibit A (hereinafter Completion Date for each property). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the Completion Date for each property: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for each property, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day per property as liquidated damages. 5. INSURANCE Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $500,000.00 b. Automobile Liability for all automobiles: $500.000.00 c. Workman's Compensation: Statutory Amounts d. Umbrella Excess Liability $1,000,000.00 This certificate must provide for the above coverages to be in effect from the date of the contract until thirty (30) days after the Completion Date, and must provide that the insurance coverage will not be canceled by the insurance company without thirty (30) days' written notice to the City of intent to cancel. 6. BONDS The Contractor shall provide a performance bond and a material and labor payment bond, each bond in an amount equal to the contract price, as security for the complete performance and payment of all the Contractor's obligations under this Contract, and issued by a surety licensed to do business in Minnesota. The performance bond and material and labor payment bond shall be in a form acceptable to the New Hope City Attorney. The Contractor shall pay all labor and material suppliers when payment is due and before any claims are filed for the same against any payment bond required by this Contract. 7. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the Work and the safety of the public. S. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 9. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without prior written consent of the City. 10. NOTICE The address and telephone number of the Contractor for purpose of giving notices and any other purposes under this Contract shall be: �, oo r) \) ; , � N , ,-� t r�' t) TA . �Ts5 ?aJ ; Telephone Number: ' ... a , a The address of the City for purpose of giving notices and any other purposes under this Contract shall be: City Manager, City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428; Telephone Number: (763) 531 -5100. 3 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW VEIT & Co. By: Its tjC�_ 'P 0 � l tc STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this 1`7 day of _ L,T 200/ by Don Collier and Daniel J. Donahue, the Mayor and City Manager, res ectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. k/A L ER, 1E J L E0,N]E As F NOaf ' ]r h1f NES0TA Notary Public My Co „sul ,, ExOres Jan. 31, 2005 STATE OF MINNESOTA ss. COUNTY OF The foregoing was acknowledged before me this ` day of 3. ,D 'c= 20QZ, b > Y the 1 a _r of - - J. -LVuf%w a Minnesota , on behalf of said b- tj Notary Public P: \Attorney \SAS \l Client Files\2 City of New Hope \99- 11287\demolition contracts - various properties. doe 4 EXHIBIT A CITY OF NEW HOPE DEMOLITION SPECIFICATIONS BID SHEET Site Demolition (14 properties) New Hope, Minnesota BRAA Project 34 -Gen E04 -02 Bid D to /Opening: Thursday, May 13, 2004, 10:00 a.m., c.s.t. Return to: Ken Doresky Fax Number 763 -531 -5136 Office Number 763- 531 -5137 Fixed Costs ITEM UNIT UNIT TOTAL TY COST COST Part #1 — 5434 Winnetka Avenue N. 1 • Site Improvements — Removal of foundation LS 1 {S oj, t g�j and all other site structures, general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessary LS I 555 requirements to close and seal existing well. 3. Sewer and water service disconnection LS 1 9 7dS/ q7/, Y/ 4 . Non - asbestos Environmental Hazards- Removal and disposal LS 1 5 5 60 5557. 00 Total Part #1 — 5434 Winnetkk Avenue N. Part #2 — 5440 Winnetka Avenue N. 1. Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS 3. Non- asbestos Environmental Hazards- Removal and disposal LS 1 555 , 66 Total Part #2 — 5440 Winnetka Avenue N. 3 7 - 70 / Part #3 — 5446 Winnetka Avenue N. 1 • Site Improvements — Removal of foundation LS 1g 7� �� 7, and all other site structures, general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessary LS 1 requirements to close and seal existing well. �� �• L� �) 3. Sewer and water service disconnection LS 1 / q�i -7 Fixed Costs ITEM UNIT TY COST COS L 4• Non - asbestos Environmental Hazards- Removal and disposal L5 L4-) Total Part #3 — 5446 Winnetka Avenue N. ( off �� -7 Part #4 — 5512 Winnetka Avenue N. I • Site Improvements — Removal of foundation LS 1 795 j` 7 and all other site structures, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS p 1 � �, �� 9 -7 > + S �/ 1 Non - asbestos Environmental Hazards- Removal and disposal LS l 5 .( 5 55, O(D Total Part #4 — 5512 Winnetka Avenue N. Part #5 — 5540 Winnetka Avenue North I • Site Improvements — Removal of foundation LS 1 72c ° r-- and all other site structures, general fill, clearing and grubbing, and site grading. 2• Well Abandonment — Includes all necessary LS 1 L requirements to close and seal existing well. 3• Sewer and water service disconnection LS 1 �'�� o / 4• Non - asbestos Environmental Hazards- Removal and disposal LS I r" �� 57575 Total Part #5 — 5540 Winnetka Avenue Part #6 — 5519 Sumter Avenue North I • Site Improvements — Removal of foundation LS and all other site structures, I ;075,, 61 �3 9 5. general fill, clearing and grubbing, and site grading. 2• Sewer and water service disconnection LS I gI - V 99 7 y O 3• Non - asbestos Environmental Hazards- Removal , and disposal Total Part #6 — 5519 Sumter Avenue North Part #7 — 5531 Sumter Avenue North 1 • Site Improvements — Removal of foundation LS I and �(� ��� all other site structures, general fill, clearing and grubbing, and site grading. / 2 Fixed Costs ITEM UNIT UNIT TY CO TOTAL COST 2. Sewer and water service disconnection LS f ST �7 1. 27 3. Non - asbestos Environmental Hazards- Removal and disposal LS �5,� Y 1 Total Part #7 — 5532 Sumter Avenue North _ I1( t1 59 Part #8 — 5537 Sumter Avenue North 1. Site Improvements — Removal of foundation LS 1 `j. / C I S, 1e and all other site structures, general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessary LS requirements to close and seal existing well. 3. Sewer and water service disconnection LS 4. Non - asbestos Environmental Hazards- Removal and disposal LS Total Part #8 — 5537 Sumter Avenue N. —703-5, C1 � Part #9 — 5538 Sumter Avenue North 1 • Site Improvements — Removal of foundation LS and all other site structures, 3 ()7,6 3 general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessary LS requirements to close and seal existing well. 3 • Sewer and water service disconnection LS �� -7 7 1 91 4. Non - asbestos Environmental Hazards- Removal and disposal LS 1 . 555 SS ; 60 Total Part #9 — 5538 Sumter Avenue N. 2 .Part #10 — 7609 Bass Lake Road I • Site Improvements — Removal of foundation LS 1 and all other site structures, 73 -3G /, 7 3 i general fill, clearing and grubbing, and site grading. 2 • Well Abandonment — Includes all necessary LS 1 requirements to close and seal existing well. 3. Sewer and water service disconnection LS 4. Non - asbestos Environmental Hazards- Removal and disposal LS 1 Q® 5 eo 3 Fixed Costs ITEM IJVIT UNIT TOTAL OTY COST COST Total Part #10 — 7609 Bass Lake Road y — 7 3, J Part #11— 7615 Bass Lake Road 1. Site Improvements — Removal of foundation LS 1 7• and all other site structures, general fill, clearing and grubbing, and site grading. 2, Well Abandonment — Includes all necessary LS 00 � s requirements to close and seal existing well. 1 Sewer and water service disconnection LS (� l . 1 - 7 , 4. Non - asbestos Environmental Hazards- Removal and disposal LS ij 3 ? j , cc Total Part #11 — 7615 Bass Lake Road /2 56. go Part #12 — 7643 Bass Lake Road 1. Site Improvements — Removal of foundation LS 1 �� 7 � , (� S� , YQ and all other site structures, general fill, clearing and grubbing, and site grading. 2. Well Abandonment — Includes all necessa ry LS fir" A ^ 1 _ 1 5 15 A^ 1,5��; requirements to close and seal existing well. 1 Sewer and water service disconnection LS f 4. Non - asbestos Environmental Hazards- Removal and disposal LS Total Part #12 — 7643 Bass Lake Road --7 7 Part #13 — 7801 Bass Lake Road 1 • Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. 2. Sewer and water service disconnection LS 3. Non- asbestos Environmental Hazards- Removal and disposal LS Total Part #13 — 7801 Bass Lake Road Part #14 — 7809 Bass Lake Road 1 • Site Improvements — Removal of foundation LS and all other site structures, general fill, clearing and grubbing, and site grading. 4 Fixed Costs will ITEM UNIT UNIT TY COST TOTAL COST 2. Well Abandonment - Includes all necessary LS 1 requirements to close and seal existing well. 3. Sewer and water service disconnection (� LS 1 "/ -21 - 7 f .,9 4. Non- asbestos Environmental Hazards- Removal and disposal LS 1 - 77 - 7 60 - 7 - 7 -7 Total Part 414 - 7809 Bass Lake Road 5C l Fixed Cost Quote Summary: Total Part #1 - 5434 Winnetka Avenue N. 5901 76:j Total Part #2 - 5440 Winnetka Avenue N. - C . 70 Total Part #3 - 5446 Winnetka Avenue N. � 6 r Total Part #4 - 5512 Winnetka Avenue N. 1 / 3 l J g Total Part #5 - 5540 Winnetka Avenue N. Total Part #6 - 5519 Sumter Avenue N. Total Part #7 - 5531 Sumter Avenue N. q a <-g Total Part #8 - 5537 Sumter Avenue N.��� Total Part #9 - 5538 Sumter Avenue N. ( �3 F q q Total Part #10 - 7609 Bass Lake Road q - 73, t jnJ Total Part #11 - 7615 Bass Lake Road 13 456 . g Total Part #12 - 7643 Bass Lake Road -7 7 0 9 , Total Part # 13 - 7801 Bass Lake Road 5 9 02 -_ 7 i Total Part #14 - 7809 Bass Lake Road Fixed Cost Total Quote 61 05 2L4 11:50am From-CITY OF NEW HOPE 7635315136 T-731 P.002/003 F-942 As you know, the city of New Hope is currently seeking bids for the demolition and site restoration of 14 properties. Please acknowledge this addendum and provide an additional line item quote for the removal of approximately 900 square yards of pavement commonly referred to as "Bass Lake Road Extension". Please see attached location map. Part #15 — Bass Lake Road Extension Pavement Removal Unit Qty Unit Cost Total Cost 1:5. Site Improvements — Removal of pavement LS 1 and site grading (900 square. yards.) Please note: • A licensed plumbing contractor is required to perform the sewer and water disconnection on all properties. I • Staff was unable to turn off the stop box at 5446 Winnetka Avenue North, • The retaining wall along Bass Lake Road does not need to be removed as part of this contract, If you have any questions or comments, please contact me at 753-531-5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kid .McDonald Director of Community Development Cc: Guy Johnson, Director of Public Works Steve Sondrall, City Attomey Vince Vander Top, Assistant City Engineer Roger Axel, Building official Paul Coone Utilities Maintenance Supervisor Chuck Tatra, General Inspector Valerie Leone, City Clerk (improvement Project File) CITY OF NEw HopiE 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 0 www. dzew-l City Hall: 763-531-3100 * P 0 IiCr-- (non-einergency): 763-531-5170 - Public Work-s: 763-592-6777 - TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 * public Works Fax: 763-592-6776 Variable Costs VARIABLE COSTS Unit costs for removal, storage, transport and disposal of asbestos - containing material where quantities are unknown at this time: Item Units Unit Cost Floor tile, ceiling tile, per square foot wallboard, transite and associated mastics, etc. v� , VC) External siding per square foot Pipe insulation per linear foot 7 �Q Vermiculite per cubic yard The project award will be based on the fixed cost total quote. If variable costs items are encurred they will be paid per unit price based on quantities removed. The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to purchase these homes and furnish everything necessary to complete the project in accordance with the attached description of work. F um Agent CIF c4,� � A 0f ,-T- T :> Address M KI � � City, State & Zip Code Printed Name of Agent ( V - 3.) zi a rc' -- �; - z4 Q Telephone No, Fax. No. U's 1 - 04 Date 6 SECTION 02225 REMOVALS PARTI - GENERAL 1.01 SECTION INCLUDES A. Removal and Disposal of the Following Items: 1. Clearing and grubbing trees 2. Grubbing (or grinding) stumps 3. Fence removal 4. Concrete removal including foundation walls, slabs, footings, pavement accessory to homes, gravel beneath any pavement. 5. Concrete block, landscaping block, and brick removal 6. Play equipment, doghouses, etc. and all other man made structures on the property. 7. Removal of all house materials (superstructure) 8. Removal of all materials within the houses and garages 9. Sewer & water disconnections 1.02 RELATED SECTIONS A. Section 02315 — Site Grading 1.03 REFERENCES A. Minnesota Department of Transportation, "Standard Specifications for Construction ", 1988 Edition and the Supplemental Specification dated May 2, 1994 (MnDOT Spec.): 1. Section 2104 — Removing Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away, eliminate or remove from the project site by any method selected by the Contractor and to dispose of material. 34Gen E02 -24 02225 -1 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. REMOVALS 1.05 REGULATORY REQUIREMENTS A. MnDOT 21043C is modified as follows: 1. All materials designated for removal shall be disposed of outside the project area at sites to be selected by the Contractor. 2. All materials designated for salvage shall be stockpiled or temporary stored on sites to be provided by the Contractor. 1.06 SCHEDULING A. Prior to starting work, submit for review by the Engineer, and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this work. B. Discomlect sewer and water services prior to demolitions. C. Fill holes or depressions resulting from removal. 1.07 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing streets, curb and gutter, sidewalks, fences, trees, utilities and other features that are to remain from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall be responsible for disposal of all items removed, except for those items identified to be salvaged. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Demolition shall be performed without damage to adjacent retained work. Where such work is damaged, the Contractor shall patch, repair, or otherwise restore same to it's original condition, at no expense to the Owner. 34Gen E02 -24 02225 -2 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. REMOVALS C. All demolition debris shall be removed from the area of work as often as necessary, but not less than at least once at the end of each work day. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the work in a careful and orderly manner, with the least possible disturbance to the public and occupants of buildings. 3.02 PROTECTION A. Take all necessary precautions to adequately protect persomiel and public and private property in the areas of work. B. All street signs, traffic control signs, guy wires, mail boxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways, or other means of egress. Conduct operations with minimum traffic interference. D. Take reasonable precautions to limit damage to existing turf. E. Holes or depressions created by removals shall not be left open for more than one day. Any hole within ten (10) feet of sidewalks shall be filled, suitably marked or covered immediately. 3.03 DEMOLITION AND REMOVALS A. Concrete and Bituminous Surfacing, Block and Brick: 1. Remove in accordance with MnDOT Spec. 2104.313, except as modified below. 2. Sawcut bituminous surfacing to full depth at the limits of partial removal, prior to that removal, unless otherwise approved by the Engineer. B. Building Removal and Man -Made Item Removal: 1. Remove in accordance with MrIDOT Spec. 2103, except as modified below. 2. Fill all depressions after removal of the basement and foundation. Basement Fill shall be compacted 98% standard density. Grade finished ground surface level with adjacent property. Leave surface in a clean condition without debris, rubble or rocks greater than 2" in diameter. 34Gen E02 -24 02225 -3 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. REMOVALS Contact Mark Sonstegard, Ryland Homes at 952- 229 -6000 regarding fill material. 3. Remove all site man -made items on the properties including fences, walks, driveways, structures, landscape block, etc. ALL man -made items are to be removed. 4. All materials within the houses and structures including any remaining debris, junk, appliances, boxes, etc. must be removed. ALL items within the structures must be removed. No materials will be left on site. C. Clearing and Grubbing: 1. Only remove trees and stumps if required to remove the structures or other man -made structures.. 2. Damaged trees, broken limbs, branches, etc. must be removed entirely including stump removal. 3. Backfill and compact hole to 98% standard density (2 compaction tests required per property). D. Fence: 1. Remove all posts, fence materials, fabric, and foundations. No materials will be salvaged by the owner. E. Miscellaneous Materials: 1. All materials identified on the plan for material shall be removed under the requirements of this section. 3.04 SEWER AND WATER SERVICE DISCONNECTIONS A. General: 1. Obtain sewer and water permit prior to demolition from the city of New Hope Department of Community Development, New Hope City Hall, 4401 Xylon Avenue North, Gopher State One Call must be notified two working days in advance. 2. New Hope Public Works will turn off the stop box for each building. 3. New Hope Public Works will locate and mark the sewer services for each building based on best information available. 4. Cut and seal sewer services with concrete at the property line. 34Gen E02 -24 02225 -4 © 2002 Bonestroo, Rosene, Anderlik & Associates, hic. REMOVALS 5. Cut water services approximately 12 " -15" from the stop box and bend over to prevent a leak should the stop box leak. 6. Call New Hope Public Works at 763 -592 -6777 to schedule inspections of each service disconnection at least two hours in advance. Backfilling will not be allowed until inspections are completed. T Any disturbed areas must be filled in a graded properly. Seeding the areas will not be necessary. The contractor will be responsible for any damage to the property or city -owned facilities (sidewalk, curb, etc.) 3.06 MEASUREMENT AND PAYMENT A. All work and materials required to remove these items shall be paid under the lump sum bid item "Site Improvements" & "Sewer & Water Disconnections ". END OF SECTION 34Gen E02 -24 02225 -5 © 2002 Bonestroo, Rosene, Anderliic & Associates, Inc. REMOVALS SECTION 02315 SITE GRADING PART 1— GENERAL 1.01 SECTION INCLUDES A. Finish site grading 1.02 RELATED SECTIONS A. Section 02225 — Removals 1.03 REFERENCES A. MnDOT Spec. 2105 — Excavation and Embankment. 1.04 SITE CONDITIONS A. Contractors shall make necessary site visits prior to bidding to determine the level of work required to their satisfaction. B. Protect existing roads, fences, trees, utilities and other features from damage from work of this section. C. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Engineer and at no additional cost to the Owner. PART 2 — PRODUCTS 2.01 MATERIALS — NOT USED PART 3 - EXECUTION 3.01 TOPSOIL STRIPPING AND STOCKPILING A. Topsoil shall be salvaged from areas to removals. Respread after removals. 3.02 SITE GRADING A. All graded areas must be left in a mowable condition. B. Slope grades to insure both temporary and permanent drainage. C. Finish slopes cannot exceed 3 to 1. 34-Gen E02-24 02315-1 @ 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. SITE GRADING 3.03 COMMON EXCAVATION A. Excavated materials can be used as backfill in depressions created by the grubbing of stumps or foundation removal. 3.04 MEASUREMENT AND PAYMENT A. All site grading indicated on the plans will be measured and paid as part of the lump sum bid for "Site Improvements ". This item represents compensation for all work required to salvage topsoil, complete grading, and respread topsoil. END OF SECTION 34 -Gen E02 -24 02315 -2 © 2002 Bonestroo, Rosene, Anderlik & Associates, Inc. SITE GRADING SECTION 02230 ENVIRONMENTAL HAZARDS REMOVAL AND DISPOSAL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removal and Disposal of the Following Environmental Hazards: 1. All asbestos - containing building materials 2. Fluorescent light ballasts 3. Fluorescent bulbs 4. Mercury switches, including thermostats 5. Rechargeable batteries 6. Construction materials that contain elevated levels of lead paint 7. Household chemicals 1.02 RELATED SECTIONS A. Section 02930 — Turf Establishment B. Section 02315 — Site Grading C. Section 02225 Removals 1.03 DEFINITIONS A. Remove: To take away, eliminate or remove from the project site by any regulatory - compliant method selected by the Contractor. B. Disposal: To load, haul, and landfill, as appropriate and legal, environmental hazards removed from a structure as part of demolition. 1.04 REGULATORY REQUIREMENTS A. Make all appropriate regulatory notifications, as required, prior to the start of demolitioit/removal. B. All work, storage, transport and disposal of environmental hazard materials shall conform to all federal, state and local laws, rules and regulations regarding such material. 02230 -1 ENV HAZARDS 1.05 SCHEDULING A. Prior to starting work, submit for review by the Engineer, and approval by the Owner, a schedule showing the cominencernent, order, and completion dates of the various parts of this work. 1.06 SITE CONDITIONS A. Contractors shall receive a copy of the Environmental Hazards Survey Report (completed by others under contract to the Owner) after contract award. This report will be the prime basis for identification of environmental hazards, although the Owner does not warrant that undiscovered environmental hazards do not exist at the site. If, during the course of demolition or environmental hazard removal, other environmental hazards are discovered, the contractor shall document, remove, store, and dispose of as required by state and federal rules and by the terms on the Quote form. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION M �M M VM VM A. The Contractor shall be responsible for removal and disposal of all environmental hazards. Said removal and disposal shall be in accordance with all federal, state, and local laws, rules, and regulations. B. Removal of enviromnental hazards shall be performed so as to not negatively affect contemporaneous or subsequent non-environmental hazard demolition work. Where such work is affected, the Contractor shall be responsible for any and all costs resulting from such affects, at no expense to the Owner. B. All enviromnental hazard waste shall be removed from the area of work as often as necessary, and shall be appropriately covered and secured if not removed at the end of each work day. All storage conditions shall be in accordance with appropriate federal, state and local laws and regulations. D. No general demolition or other waste shall be commingled with environmental hazard waste(s). D. Execute the work in 'a careful and orderly manner, with the least possible disturbance to the public, occupants of nearby buildings, and other contractors that may be working at or near the site. E. Cleanup of any releases of environmental hazards to air, water, or soil caused by the Contractor shall be the responsibility of the Contractor at no expense to the 02230 -2 ENV HAZ ARDS Owner. Should any such releases occur, Contractor shall notify the Owner immediately, as well as perform any required notification of regulatory authorities. 3.02 PROTECTION A. Take all legally required and necessary precautions to adequately protect personnel and public and private property in the areas of work and to prevent any releases of environmental hazards to the environment.. Contractor shall safely and legally remove all environmental hazards, such as those listed below, prior to general demolition. A. All asbestos - containing building materials or furnishings including, but not limited to: (a) Exterior siding (b) Roofing materials (c) Pipe insulation (d) Ceiling /roof insulation (e) Floor tile (f) Ceiling the (g) Wallboard (h) Transite (i) Fumace/boiler insulation 0) Related mastics (Items B -G below are all considered anon - asbestos environmental hazards and are included in the Fixed Costs section of the Quote Sheet)) B. Fluorescent light ballasts Ballasts not specifically labeled "non -PCB containing" by the manufacturer shall be assumed to contain PCB - containing oils and removed and disposed of appropriately. C. Fluorescent bulbs All fluorescent bulbs shall be removed, stored and disposed of at a state - licensed fluorescent bulb mercury recovery facility. D. Mercury switches All mercury- containing switches (i.e. light switches, thermostats, etc.) shall be removed, stored and disposed off according to federal, state and local regulations. E. Rechargeable batteries Special care shall be taken by the contractor to inspect for and locate any rechargeable batteries within the funlishings of structure to be demolished. Such batteries may contain cadmium or lithium, and can be found in such furnishings as thermostats, smoke detectors, and emergency lighting. Any such batteries found must be segregated and disposed of according to federal, state and local regulations. 02230 -3 ENV HAZARDS F. Smoke Detectors All smoke detectors shall be assumed to contain the radionuclide americium 241, and shall be removed, stored and disposed of according to federal and state regulations. F. Construction materials that contain elevated levels of lead paint: The environmental hazards survey report will contain information on the lead content of painted areas in and outside the structure(s). Any painted areas identified in the report that are identified as having elevated lead concentrations and in poor condition shall be stabilized by the contractor prior to removal. All construction materials that are identified in the report as having elevated levels of lead in the paint shall be segregated and disposed of in accordance with federal and state regulations. G. Household Chemicals Household -sized containers of unused or waste household chemicals including, but not limited to, paint, solvents, lawn and garden chemicals, paint remover, paint thinner, oil, grease, lighter fluid, antifreeze, automotive cleaners, drain cleaner, etc. may be present in the structures. Collection, storage and appropriate disposal of these materials shall be performed in accordance with all federal, state, and local rules and regulations. 3.04 MEASUREMENT AND PAYMENT A. It is anticipated that all environmental hazards for removal and disposal (except household chemicals) will be identified in the environmental hazards survey report. If environmental hazards not listed in the environmental hazard survey report are discovered during the work, these hazards shall be documented by the Contractor and removed, stored, transported and disposed of appropriately. All work and materials required to remove and dispose of these items shall be paid under either the lump sum bid item or according to the unit costs as listed on the Quote Fonn. END OF SECTION 02230 -4 ENV HAZARDS 1 • l' 6 .w _, t �® � { �T�� •__^..w q.ew_.•+tswr _n_w s_• `�/ifY4lWYl 780 t re , 5617 `� ?` t 7600 7550 7909 _ - _ _ ; { 81 i ._ __ .._ --_. ;_ _..... � - �._ �•� 1 i ! � � � H - • °' ,' N..._.._•� 3 ` 5550 5546 7615 5537 5538 r• ;' °� ; ? .�. 7381 5532 - 5524 . 5599 `20 r 7621 7601 7940 i .. 5518 5509 •_ _ ~ _- -_.... n ' n _._... 5 _.._._.___.. 5349 7708 i 760$; 5506 55TH AVE...N 5500 5443 S 5444 5437 5436 5437 « _ 54,3 5437 1 54-46 i 5437 _ 34 5433 : 5432 _� _ ....... _ ..._.__..•.,._ � X29 �� ' S4?.� s app ..._... a . � ._,� 1 1 1 i� 5429 1 i 5429 54 26 54344 b _ s 5427 26 5427 � < 78M 5425 5426 5420 5422 5423" DR..... 5.416 5497 ~t s-.._ _ _ _ .__ ._r ._...,._.._._.. •M- __ _ , _._...__ . _ ....r.__. ,; .....__ ...._.. 5420 5417: 5420 25 5420 _ 19 ` .5498 jw 5361 10 -5411 _ __ , .._.... _._.. _... _ ..., ........._. .._.._ .rr_. ._... __ '` .- r__.. .. - - -• ; ; 5410 54 13 5414 14 93 ; 5415 ; «5493~ "= 5 7` . a.... r..... ._ . .._. , .., _ ; r • - - - .. La1' a414 + 5355 _..._ ..__.._.... ...._._...__.... s 5409 —+ 2 5406 � 5409 5408 540P I<! 549E 5400 t 5401 5349 5440 _ .,_......_ ;_ 5401 s� • 5440 5401 ? c 5400 S4C11 5400 �+ 5` i 5330 5337 5348 532$ ' ' 5340 g _ 6 5337a'' • 5319 ' 5,324 ., ..... 1 . . «..- ....°:.5325 i ..... ........, L �°' `•'� �._ 53 1 _ t i•..,.... �.... .; '........., -.. ..ice .�.. -, 5325 5321 ' � ' 5324w .. ' ,,.. a 5336 5325 U . - t '�-• � n o r �'• ' ~ r • ±... .•,.��_..._... ,::. ._._,. v� 7 , 5392 5319 ; 53 W ; 5317 ' 5318 ' V r : i 5319 i • � °� .. ` 5324 5313 7825 - ; �, 5345 5313 ?5.312 5313 5218 �' '`° 5307 f 5318 5309 < 5346 5307 � _ ; ti '- ,�' e� : o ; 5300 5212 5312 530 9 ; i w. / . � ..•..+..ra �, 7801 � �• \. 1 ^ ^ i t d,, - °4.igti:. -_h r,^•. •.... : i 5206 _ _ °~`• '` ®® 5346 5301 Cq ;.55221 cnetir, t!+ >_ - sett & .r - t AIA Document Aye - Electronic Format i • e', THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT Door. Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT SURETY (Name and Principal Place of Business): Bond No. 929331309 Western Surety Company 101 S. Phillips Avenue Sioux Falls, SD 57117 Date: May 24, 2004 Amount: One Hundred Three Thousand Sixty -Eight and 79/100's ($103,068.79) Description (Name and Location): Demolition Contract Award -14 Properties (Winnetka Avenue North: 5434, 5440, 5446, 5512 & 5540) (Sumter Avenue North: 5519, 5531, 5537 & 5538) (Bass Lake Road: 7615, 7609, 7643, 7801 & 7809) BOND Date (Not earlier than Construction Contract Date): June 4, 2004 Amount: One Hundred Three Thousand Sixty-Eight and 791100's ($103,068.79 Modifications to this Bond: X None n See Last Page CONTRACTOR AS PRINCIPAL SURETY Western Surety Company (Corporate Seal) f Title: Heidi L. Bramley, Attorney- In -°F. ct (FOR INFORMATIONONLY- Name, Address and Telephone) AGENT or BROKER: Osborne & Associates 1935 West Burnsville Parkway Burnsville, MN 55337 952 - 707 -8238 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the OWNER'S REPRESENTATIVE (Architect, Engineer or other party): City of New Hope Ken P. Doresky Community Development Specialist Kirk McDonald Director of Community Development Construction Contract, which is incorporated herein by reference. © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® - THIRD PRINTING - MARCH 1987 - WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 6/4/2004. AIA License Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph ro below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub - paragraph 3.i; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3' Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® • THIRD PRINTING • MARCH 1987 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 6/4/2004. AIA license Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 2 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address: 12 DEFINITIONS Signature: _ Name and Title: Address: © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® • THIRD PRINTING • MARCH 1987 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 6/4/2004. AIA License Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 3 (Corporate Seal) 1 � Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Brantley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. , err WESTERN SURETY COMPANY e ir4 p40Rq C° ;4'=' ii .a= `3 t4` S E Ay % w` k ��t+►o* ° Paul . Bruflat, Senior Vice President State of South Dakota ( ss County of Minnehaha On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. }y44444yy444444444444h444 } My commission expires s i r D. KRELL or November 30, 2006 s AL NOTARY PUBLIC S s f�SOUTH DAKOTAgc i do }44444444y44444444444444 + D. Kreil, No Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4 th day of June 2004 �ETM�� WESTERN SURETY COMPANY 3y,Z o0R ��•;.. aW' z[ii L. Nelson, Assistant Secretary Form F4280 -01-02 RMIM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). / The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Form F7310 AIA Document A312 - Electronic Format OEM= THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT Door. Any singular reference to Contract, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Western Surety Company 101 S. Phillips Avenue Sioux Falls, SD 57117 SURETY (Name and Principal Place of Business): OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT Date: May 24, 2004 Amount: One Hundred Three Thousand Sixty -Eight and 79/100's ($103,068.79) Description (Name and Location): Demolition Contract Award -14 Properties (Winnetka Avenue North: 5434, 5440, 5446, 5512 & 5540) (Sumter Avenue North: 5519, 5531, 5537 & 5538) (Bass Lake Road: 7615, 7609, 7643, 7801 & 7809) IG � CONTRACTOR AS PRINCIPAL Date (Not earlier than Construction Contract Date): June 4, 2004 Amount: One Hundred Three Thousand Sixt -Ei ht and 79/100's ($103,068.79 Modifications to this Bond: I X I None SURETY Company Mestern Surety Company F] See Last Page (Corporate Seal) l ; Signature: �) If 64ame and Title: Heidi L. Bramley, Attorne -In- (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: Osborne & Associates 1935 West Burnsville Parkway Burnsville, MN 55337 (952) 707 -8238 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): City of New Hope Ken P. Doresky Community Development Specialist Kirk McDonald Director of Community Development © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA® - THIRD PRINTING - MARCH 1987 - WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 6/4/2004. AIA License Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 I The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the naive of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 3o days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 3o days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (i) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® • THIRD PRINTING • MARCH 1987 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 6/4/2004. AIA License Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 5 pLarform d by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, 15 whichever of (i) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: SURETY (Corporate Seal) Company: Signature: _ Name and Title: Address: (Corporate Seal) © 1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA® • THIRD PRINTING • MARCH 1987 • WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit perf bond.aia -- 614/2004. AIA License Number 1008788, which expires on 7/7/2004. Electronic Format A312 -1984 6 Western Surety COMPanY POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. WESTERN SURETY COMPANY �.r'"`YCpbo ?N?4 ' Wt .2a 4aul. Bruflat, Senior Vice President State of South Dakota 1 ss County of Minnehaha f On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. }h4bMN4+NSh4�r4444s+Yb4hb+s4 } My commission expires s i X D. KRELL r November 30, 2006 s SEAL NOTARY PUBLIC sEEAL s SOUTH DAKOTA i _X& 7 }yylhhhyti44yhN44Mti4ti4hh�t # D. KrelgNo Pub lic CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of June 2004 WESTERN SURETY COMPANY 0k 1 '3e 2 4 L. Nelson, Assistant Secretary Form F4280 -01-02 MUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). ' • r . • •,, , •. , VEWWWA L The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Form F7310 A CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) I 05/28/2004 PROT,?IJCER (952) 707 -8200 FAX (952) 890 -8290 Osborne & Associates 420 Gateway Boulevard Bu( ^nsville, MN 55337 -2790 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Veit & Company, Inc 14000 Veit Place Rogers, MN 55374 INSURERA: St Paul Mercury Insurance Compaiiy POLICY EFFECTIVE INSURER B: Arch Specialty Insurance Company LIMITS INSURERc: American Intl Specialty Lines I s. Co. INSURER D: KK06300969 INSURER E: 01/01/2005 %.0 V aMkkUr_a THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY KK06300969 01/01/2004 01/01/2005 EACH OCCURRENCE $ 1 DAMAGE TO RENTED $ 100,000 ^ X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 10 ,000 CLAIMS MADE � OCCUR PERSONAL & ADV INJURY $ 1 1 000 A X Contractual Liab GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000, POLICY X PRO X LOC JECT AUTOMOBILE LIABILITY KKO6300969 01/01/2004 01/01/2005 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1 , 000,000 X BODILY INJURY $ ALL OWNED AUTOS (Per person) A SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN E A ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY 52ULP1574500 01/01/2004 01/01/2005 EACH OCCURRENCE $ 5,0 00,000 AGGREGATE $ 5,000,000 X OCCUR F-1 CLAIMS MADE _ $ B $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WVK6301071 01/01/2004 01/01/2005 X WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEd $ 500, E.L. DISEASE - POLICY LIMIT 1 $ 500,000 If yes, describe under SPECIAL PROVISIONS below THER CP08198891 01/01/2004 01/01/2005 $2,000,000 Each Loss C tor's Pollution $2,000,000 Aggregate Liability $15,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS he Certificate Holder is an Additional Insured under the Commercial General Liability when required by ritten contract. Re: New Hope Improvement Prject, Demo Structures. (Revised) City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ( �� '�XSXIXIKxfX1��Q�XI��XIX��X�XXX AUTHORIZED REPRESENTATIVE Mark Kampf /DAN ACORD 26 (2001108) © ACORD CURPURA I IUN 1 VtW May 25, 2004 Veit & Co. Attn.: Jason Mueller 14000 Veit Rd Rogers, MN 55374 RE: Demolition Contract Award —14 Properties Dear Mr. Mueller, Thank you for submitting a bid to complete demolition of 14 properties located in the city. Your firm submitted the low -bid. On May 24, the New Hope City Council awarded a contract to your firm based on the submitted quote. Attached please find three copies of the contract. Please fill out paragraph 10, sign, notarize and return all copies to the city for final execution. The city will return one fully executed copy to you for your records. Also, please submit an Accord 25 insurance certificate with the referenced coverage and the appropriate bonds. Attached is a list of the bids. The city is planning to schedule a pre - demolition meeting with you in the upcoming days. Staff will contact you to schedule this meeting. If you have any questions or comments, do not hesitate to contact me at 763- 531 -5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Steve Sondrall, City Attorney Roger Axel, Building Official Chuck Tatro, General Inspector Amy Baldwin, Community Development Assistant Doug Bergstrom, Diversified Environmental Valerie Leone, City Clerk (Improvement Project 757, 758, 762, 763, 764, 765 & 768) No. 714, 716, 719, 723, 755, 761, 748, • i 4401 Xylon Avenue North e New Hope, Minnesota 55428 -4898 . www. ci.new- hope.mn.us City Hall: 763- 531 -5100. Police (non - emergency): 763- 531 -5170 • Public Works: 763- 592 -6777 e TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 . Police Fax: 763- 531 -5174 . Public Works Fax: 763- 592 -6776 May 25, 2004 Kevitt Excavating Attn.: Chris Vieau 3335 Penn Avenue North Minneapolis, 55427 RE: Demolition Contract Award —14 Properties Dear Mr. Vieau, Thank you for submitting a bid for the above referenced project. Attached is a list of the bids. On May 24, the New Hope City Council awarded a contract to Veit & Co. based on the submitted bid. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Steve Sondrall, City Attorney Roger Axel, Building Official Chuck Tatro, General Inspector Amy Baldwin, Community Development Assistant Doug Bergstrom, Diversified Environmental Valerie Leone, City Clerk (Improvement Project No. 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765 & 768) CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 . www, ci.new- hope.mn.us City Hall: 763- 531 -5100 • Police (non - emergency): 763- 531 -5170 • Public Works: 763 - 592 -6777 e TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 • Police Fax: 763- 531 -5174. Public Works Fax: 763 -592 -6776 June 28, 2004 Veit & Co. Attn: Jason Mueller 14000 Veit Road Rogers, MN 55374 SUBJECT: DEMOLITION CONTRACT — VARIOUS PROPERTIES IN CITY OF NEW HOPE (EAST WINNETKA DEMOLITION — PHASE 2) Enclosed is a fully executed contract relating to improvement projects 714, 716, 719, 723, 755, 761, 748, 757, 758, 762, 763, 764, 765, and 768. This contract was awarded by the New Hope City Council on May 24, 2004, for $103,068.79. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC -134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Kirk McDonald, Director of Community Development, at 763- 531 -5119. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney (File No. 99- 12287) Vince VanderTop, Assistant City Engineer Kirk McDonald, Director of Community Development CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 • www. ci.new - hope.mn.us City Hall: 763 -531 -5100 e Police (non - emergency): 763 -531 -5170. Public Works: 763- 592 -6777 e TDD: 763 -531 -5109 City Hall Fax: 763- 531 -5136 • Police Fax: 763- 531 -51.74 . Public Works Fax: 763- 592 -6776 ¢ R C I _ `1' " 7159 7L2 7 (. 3, - 7C I, c , 3G CITY OF NEW HOPE PUBLIC IMPROVEMENT CONTRACT BULK ASBESTOS AND ENVIROMENTAL HAZARDS SURVEY PROJECT NO. 751 For valuable consideration as set forth below, this Contract dated the 12" day of April , 2004, is made and signed by the City of New Hope, a Minnesota municipal corporation (hereinafter "City ") and Angstrom Analytical a Minnesota r2 xA — f1LW (hereinafter "Contractor "). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the Description of Work (attached as Exhibit A) and the Request for Quote (attached as Exhibit B), all of which are incorporated hereby by this reference. This Contract and the Exhibits A and B attached shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2, THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), shall include the entire completed work required to be furnished under this Contract for the 14 properties indicated in the "Request for Quote" attached as Exhibit B and more fully described in the "Description of Work paragraph (1)" attached as Exhibit A. As part of the Work, the Contractor agrees to remove all excess material generated by the Work from each property. CONTRACT PRICE The City agrees to pay Contractor six thousand twenty ($6,020) payable upon the City's acceptance of Contractor's performance under this Contract. 4. COMPLETION DATE /LIQUIDATED DAMAGES The City anticipates it will have possession of all 14 properties subject to this contract by no later than June 1, 2004. Contractor shall complete its performance under this Contract for each individual property within seven (7) days after it receives a written Notice to Proceed from the City for each property as required by the "Description of Work paragraph 4" attached as Exhibit A (hereinafter "Completion Date for each property "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete its performance under this Contract by the Completion Date for each property: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date for each property, the Contractor shall pay the City one hundred dollars and no cents ($100.00) per day per property as liquidated damages. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as an additional insured under the policies: —1— a. General /Professional Liability: $500,000.00 b. Automobile Liability for all automobiles: $500,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverages to be in effect from the date of the Contract until thirty (30) days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without thirty (30) days' written notice to the City of intent to cancel. 6. LAWS, REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and/or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be as follows: 6DO , �2 6)v,,, d /" f t V � I The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428, IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. —2— CIT) : LION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this, day of ( , 2004, by Don Collier and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. VALERIE) LEA' JE NQTFtFI' PUE3L'C- PJ11?' sv _ °.nTR My Comksion Ex;.c,= ANGST wo otary Public STATE OF MINNESOTA day of I , 2004, by ,T s r,, of An- st rom nalvtical,, a P \ATTORNEY\SAS \l CLIENT FILES \2 CITY OF NEW HOPE \99- 11287\CONTRACT FOR ENVIROMENTAL HAZ. SURVEYT.DOC —3— "EXHIBIT A" DESCRIPTION OF WORK SCOPE OF WORK: The contractor is to perform sampling and reporting of asbestos - containing materials (ACMs), both friable and non - friable, an itemization and location of suspected PCB - containing light ballasts, mercury switches, fluorescent bulbs, thermostats, batteries, and lead- containing paint at the property described above. The purpose of the sampling is to provide relevant and required information to environmental abatement contractors, who will perform removal of hazards at a later date but prior to demolition. Evaluation for the presence of asbestos - containing materials shall be all- inclusive, and the City recognizes that it is likely to be necessary to invade wall, floors, ceilings and roofing materials to obtain all relevant samples for testing. The ACM survey should include an assessment of friable and non - friable interior and exterior building materials including, but not limited to, exterior siding, roofing, pipe insulation, floor tiles, ceiling tiles, and related mastics. The selected contractor shall, to the extent possible, minimize damage to the structure in obtaining such samples. In particular, if any damage to roofing materials needs to be done to obtain samples for testing, repairs will need to be made immediately by the contractor so that the roof remains intact and functional. For the purposes of disposal, all suspect light ballasts will be assumed to be PCB - containing unless clearly labeled otherwise. Only an inventory of suspect ballasts need be made under the scope of this project. An evaluation of potential lead paint hazards may be performed through either use of portable XRF or laboratory testing, but must meet general industry standards for detection levels and reporting. 2. PROJECT DESCRIPTION The fourteen properties listed above are part of a redevelopment project undertaken by the City of New Hope, and a map of the properties is attached to this RFQ. Some of the properties have already been acquired by the City, while others are in the process of being acquired. For those properties not yet acquired, the City will take possession at various times between the date of this RFQ and approximately May 27, 2004 on an individual property basis. Three of the properties have been used as commercial properties. The first is the property at 7801 Bass Lake Road, which was built and used as a two -story office building. The second, at 7809 Bass Lake Road, is used as an eye clinic, but the building was originally built as a single - family residence and later converted to a commercial use. The third property is at 7615 Bass Lake Road, which was also originally built as a single- family residence, and was converted to the New Hope Alanon facility. Relevant copies of the completed appraisals for these three properties are enclosed with this RFQ. The remaining thirteen properties were built and used solely as single - family residences. For the purposes of this RFQ, the thirteen properties originally constructed as residences should be quoted in the Estimated Total Cost per Residence part of the signature page above, while the three -story office building should be quoted in the Estimated Total Cost - Office Building section above. Appraisals for all of the residential properties have not yet been completed, but relevant portions of the appraisals will be provided to the selected contractor along with each Notice to Proceed. 3. OWNER: The City of New Hope is designated as the Owner. 4. COMPLETION DATE: The contractor shall complete all inspection, testing, and reporting and the City be in possession of the report(s) seven calendar days after each Notice to Proceed. It is anticipated that several individual Notices to Proceed will be issued, corresponding to gradual acquisition of individual properties by the City. Separate, individual reports are to be completed for each property. 5. AWARD OF CONTRACT: Only one award will be made, that being the low combined total of all work (listed as the Total Estimated Cost, All Structures line item on the signature sheet above) from the low responsible bidder. The City, however, may elect to delete specific items from the contract award to comply with budget requirements or delete specific items by change order after the contract award. It is anticipated the contract (City contract attached) will be selected by the City Council on the evening of April 12, 2004 and the selected contractor notified on the morning of April 13, 2004. Section 5 (Insurance /Bond) of the attached City contract is here modified in the following ways (selected text underlined in attached contract) A. Change the words from "loss payee" to "additional insured "; and B. Change the words from "General Contractor Liability" to "General Professional Liability ". 6. INSPECTION: Due to the nature and timing of the property acquisitions, no interior physical inspections of the properties will be possible prior to the submittal date of the quote. Should the selected contractor wish to perform any pre - sampling inspection(s), please contact Ken Doresky at the City of New Hope to arrange. 7. QUOTE SUBMITTAL: Please fax the completed first two pages of this Request for Quote to Doug Bergstrom at Diversified Environmental [fax # (612) 789 -6136] by noon on Friday, April 2, 2004. Receipt of the signed Request For Quote from any bidder indicates their willingness to conform to the terms of the standard City contract, as amended above. For answers to questions, contact Ken Doresky at the City of New Hope at (763) 531 -5137. ./ 77 " .±; 5443 5444 ��4.37 5436 543 5437 �:z Y 54U U33 5434 v 5432 i 54 �P 5 627 � 506 5 • Q e 7 ..,..,,_ s $42 2 _ _ _ D 1r U20 25 U20 .�Un : ` X15 5351 a 5493 5414 A 5413 ; S416 :5413 5414 5;:S5M 4< 534 5401 54W �.. �_. � �5w7 538 532334 5`. L.2: �'.St7 1 ! 1"25' f.:1 . 532 i _ 532.4 53:5; ....,,u Pw r • r �S '+ ? ? � wwt II • w 53 19 'r fry `" "`k..,.�..,, 4... ffi rFvm• 5M4 530 5312 3X}7' e l l i06 53531 Map of 3/25104 RFQ Properties City of New Hope i =RFQ Subject Properties 04/05/2004 6127896136 DIVERSIFIEDENV PAGE 07 �P R, 2.200, 7.3t1AM 6127E�iVGSTR0iv9 ANA[ CAL �x� ID azFZENV ^1Q 032 e, ° ZE 02 "EXHIBIT B NEW HOPE, MINNESOTA Mr. Ken Doresky City of New Hope 4402 Xylon Avenue North New Hope, Minnesota SS427 Dear Council Members; V=71- ► a The undersigned, having studied thasttached descrip#on of work, beingfamifrarwith allfactors and other conditons affeadrIS the work and cost thereof, hereby proposes to fumish all labor, tools, materials, skills, equipment and all else necessary to , complete the project in accordance with the ' afit shed description of work. Residentuat Buildings 1. Bulk Asbestos and En%dronmental Hazards Survey Sampling (hourly labor rate) $-�� X 4 hours (assumed)n $ . 160 , 00 (Total sampling labor) 2. AGM analysis rate. (per sample) $_; X 30 samples (assumed) =$- (Total ACM analytical cost) '3. Pb paint analysis rate (per sample) $ T,.kL*+ : X 40 samples (assumed) O (Total PB paint analytical cost) 4. Total report preparation cost (lump sum) $ 70.0 T*t91 Estimabd Cost Per Residence- $ 440.00 fTetal sampling labor +Total ACM analytical cost + Total PB paint anaWcal cost t Total report preparation cost) TOW Estimaf6d Cost For All Residences= S� ( Esti mated Cost per Residence 3013' REQUEST FOR QUOTE BULK ASBESTOS AND ENVIRONMENTAL HAZARDS SURVEY Properties List 1. 5434 Winnetka Avenue North S. 5514 Sumter Avenue North 2. S44o Winnetka Avenue North a. 5531 Sumter Avenue North 3. . 5446 Winnetka Avenue North 10. 5537 Sumter Avenue North 4, 5312 Winneft Avenue North 11. 5538 Sutter Avenue North 5. 5540 Wrnnatka Avenue North 12. 7609 Bass Lake Road 8. 78M Bass Lake Road 13. 7613 Bass Lake Road ?. 7809 Bass Lake Road 14; 790 Sass Lake RoW NEW HOPE, MINNESOTA Mr. Ken Doresky City of New Hope 4402 Xylon Avenue North New Hope, Minnesota SS427 Dear Council Members; V=71- ► a The undersigned, having studied thasttached descrip#on of work, beingfamifrarwith allfactors and other conditons affeadrIS the work and cost thereof, hereby proposes to fumish all labor, tools, materials, skills, equipment and all else necessary to , complete the project in accordance with the ' afit shed description of work. Residentuat Buildings 1. Bulk Asbestos and En%dronmental Hazards Survey Sampling (hourly labor rate) $-�� X 4 hours (assumed)n $ . 160 , 00 (Total sampling labor) 2. AGM analysis rate. (per sample) $_; X 30 samples (assumed) =$- (Total ACM analytical cost) '3. Pb paint analysis rate (per sample) $ T,.kL*+ : X 40 samples (assumed) O (Total PB paint analytical cost) 4. Total report preparation cost (lump sum) $ 70.0 T*t91 Estimabd Cost Per Residence- $ 440.00 fTetal sampling labor +Total ACM analytical cost + Total PB paint anaWcal cost t Total report preparation cost) TOW Estimaf6d Cost For All Residences= S� ( Esti mated Cost per Residence 3013' 0410.6!2004 10:46 6127896136 DIVERSIFIEDENV PAGE 08 a!AP;R.' 2. 2005'x, i; 30AM 6127 [AUSTROM fiNIALFICAL 172V�RSTFIEISt =NV NO, 032 °,.. Office wilding S. Bulk Asbestos and Environmerrtai Ha=rds survey sampling (hourly labor rate) ado 1hr; X 8 hours (assumed)= (Total samprrng labor) S. ACM analysis ra .(per sample) $ 6`00 ; X 50 samples ACM analytical ojbt 7. Pb paint analysis rate (persample) $ ; X 70 samples (assum®d)=$ e (Total PB paint analytic rest) S. Total report preparation cost (lump sum) S zn'00 Total Bstirnated Cost Office Building= 5Z b (Total sampling labor +Total AGM analytical cost + Total PB paint analYfIcal cost + Total report preparation cost) Total Estimated Cost, All Structures= (Total Estimated Cost forAll Residences+ Teital Estimated Cost, Office Building) The final amount of the payments shall be deterrrrine by multiplying the final measured quantities of the various items by the unit prices stated for each building, plus the reporting east In submitting this bid It is understood that the owner retains the right to reject any and all bids and to waive irregularities and informalitiesthefein and to award the contract in the best it rests of the owner, and that the bidder accepts the general terms of the City contract. It is understood that bids may not be withdrawn for a period of 30 daps after the date on the quote form. Printed Name of Signer Telephone No. 4 '" 2 g° Date County Nam® WELL ND BORING SEALING R ECORD sealing No. e e ® SEALING Minnezota Unique Weil No. Mtr, ,ssata o ^ ^lartrlBS c:haprer 10,91 or Maerfea No. To y�n hlpNamb ( 81 Pta,.tanumaen,b Tzrounshlp Nb, Range No. Secnon No. Frncnpn Bro. I Irate SPBico t �� -.. I GP$ ° ld luda dagm minufam LOCA - 10Nr E AD ¢saUPLMON Lcr*' de dagrees mVIW= — _s❑cznda NumeMI , S+rootAddreaa or Fire Number and My of Well or 5-dn9 Looauon Sh ' aw azact I titlh calf Weli of Larltrg In sedan grid with W $ketch may pf welt orixfdna tboallon, nhayArw property N lines, made, and build rim � r ' w Wilco t 112MARM SOURCE OF EYATI , Du 2-- .5 'e aaxrera I�M MINIM DEPr aP HEALTH COPY f r � �.4 P1 ra ' 'j ,,D eato a SvaPBra ---E fL original D] Pt �j fl. Lr�aoAlN� (u M csaUPv9 Q �cdnsP ®d WaterSlrpptywoll 13 Man, Web Erns Horn Hoio ®other U fL " [j above landauggca ❑ PL-t1c ® Tlla ❑ 06w, E AD ¢saUPLMON ®ra�idet []Wall H o=c P�Ide: ❑ HacamerR ®Haot ❑ Mass AaeptedUrdt (a wolf Pit 9 Wan F4t ®uofcd ❑ flu CASING(S) Bfam�er Depth s❑t over lza hole? in. frotll t0 ft. Anrttriar spaca Intpaily9muted? WsNo ❑ Ym ❑ No Q LINSnOWn r7cm jp fL. ❑ Yba El No ❑ Y" ❑ N❑ ❑ Unlmown in_ frIIPn jp 1L ❑ Yea ❑ Na 0 Vea ❑ No ®Unimbwn S=811 from W ft, Open Hato from tv g (313MUcriams 0 RodWDro ® Fie ❑ Check val ® nabris ❑ jr,o §Mo ob .1ructlon Type of ODStrvcHans (Describe) 0b91rur31 removed? ❑ Yes In No neacrlhm - TVPe Removed ❑ Not Pres-ont ❑ 01her MS USEU TO SERgAMMULAR SPAS t3�W[EN 2 ass3�IMG3, ®Fr CAS�m ANIS IDoRE 49oLE: Ie Annular Spam l.,dsfs Annelarspace gnmied vdm Immia ptpo 13 cs� PerforatiantRornovei 9 in. from to ft. d Pltlf*rePed ICI Removed in_ Umm to rL ❑ Partorated ❑ Rumovad TYge Of Pcrforator CJ Mar GRCLMNG MATSRLA� (One bag of t- P4 Ra, one hag W ban Uni tta So Rrs,) Cling atiatarlel �c� r� 1 tram to fL From to ft. - yard& bags fP8r1i HO R yards �9s tyTt V(12tt,5AND B®EddNG3 athar amaealed arPd unasad weII or br;dng an ptapear�pp ❑ Yea No Hour mten t,tceasa� ®oH RE 9® COMRA=R CMMMoATlow T lr Is wall or WFQ v= caAyad In suordoncs wfth Nlinnaaora flylee. CFtop�r Q S The in pon �s mug To the beg of mytmawlsdpa r o art B IRess di1'arrde � L.Icarlse� tir �,�n� 2 " R_ _ 494341.aa 1e-0 - 1Anjw-^ - - 66k-� Z09 /Z00'd HS -1 BEE M E91 VO- It -Nnr NEW HOPE EDA 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 Daytime Telephone Number (763) 533-1521 1. Please review the legal description of well location and property owner mailing address printed above, make any corrections or changes that are necessary, and provide a daytime telephone number. The legal description includes the section and township and is available from the county recorder or assessor. 2. Please check the present status of the'well and then continue to Item 3 and 4 below. F] Well is "in use." If the well was in use when you purchased the property, check here F1 The well is operated on a daily, regular, or seasonal basis which may include a well that operates for the purpose of irrigation, fire protection, or emergency pumping. M Well is "not in use." The well does not meet the definition of "in use" above and has not been sealed by a licensed well contractor or a licensed well sealing contractor. Well is "sealed." A licensed well contractor or a licensed well sealing contractor has pumped grout material throughout the entire bore hole after removal of the pump and any obstructions from the well. A well is "capped" if it has a metal or plastic cap or cover which is threaded, bolted, or welded onto the top of the well to prevent entry into the well. A "capped" well is not a "sealed" well. If the well is not in use and has not been sealed by a licensed. well contractor or a licensed well sealing contractor, check the well status as "not in use." 3. Please follow the instructions. that apply to the status of the well. If you checked "in "so" above, and the well was placed back in use after you purchased the property, please attach a copy of the well contractor's invoice, equipment receipts, or a description of the work performed. If you checked "not In use" above, you can either: A. Have the well put back into service within 60 days. After the work is completed, check the status of the well as "in use" and send in this form with a copy of the well contractor's invoice, equipment receipts, or a description of the work performed. B. Have the well sealed by a licensed well contractor or a licensed well sealing contractor within 60 days. After the well has been sealed, check the status as "sealed" and send in this form along with the Well and Boring Sealing Record. C. Apply for a maintenance permit by completing the MAINTENANCE PERMIT APPLICATION on the back of this form and returning it with a check or money order for $125 made payable to the Minnesota Department of Health. If approved, the maintenance permit must be renewed annually and will require an annual fee of $125. If you checked "sealed" above, attach a photocopy of the Well and Boring Sealing Record or Abandoned Well Record, which you should receive directly from the licensed contractor. Please be sure to keep your copy of this record with your important papers. 4. Please sign the form and return it to the Minnesota Department of Health within 60 days. I certi"at the information provided on this form is true to the best of my knowledge. perty Owner Signature Date City of Hope Project East Winnetka Area Owner Occupant Claim Moving Expenses and Replacement Housing Supplement June 2004 Michael Tomaszewski 5434 Winnetka Avenue North New Hope, MN 55428 PREPARED BY EVERGREEN LAND SERVICES COMPANY 4131 OLD SIBLEY MEMORIAL HIGHWAY SUITE 201 EAGAN, MN 55122 PHONE: (651) 882 - 0200 /FAX (651) 882 -6564 Final Residential Relocations Claim Replacement Housing Payment • :ff 1) Summary of Relocation Claims 2) Documentation regarding Advance Partial Relocation Payment - NA 3) Copy of General Information Notice, Relocation Eligibility and 90 -Day Notice to Vacate, 30 -Day Notice to Vacate 4) Claim for Fixed Moving Cost 5) Claim for Replacement Housing Supplemental Payment. 6) Explanation of Replacement Housing Assistance Benefits and Supporting Documentation. 7) Claim for Incidental /Closing Costs 8) Release of Property. 9) Receipt for Relocation Information Guidebook. 10) Relocation Advisor's Certification of Claim. Resident (Claimant) Names: Michael Tomaszewski Project Site Address: 5434 Winnetka Avenue North, New Hope, MN Type and Date of Occupancy: Claimants have been owner - occupant of the project site since. Date of Eligibility for Relocation Assistance: November 19, 2003 Type of Payments Claimed Herein: Replacement Housing Benefits for 180 -day Homeowner Occupants. Summary of Eligible Relocation Benefits: Price Differential $ 0.00 Incidental Closing Costs $ 0.00 Moving Costs $ 1,850.00 Total Amount of These Claims: $ 1,850.00 Less "Advance" Payment Made by the $ 0.00 Department of Administration Total Due to Claimant $1,850.00 Make Payment to Michael Tomaszewski Comments: Na �n May 6, 2004 Michael Tomaszewski 5434 Winnetka Avenue North New Hope, MN 55428 RE: 5434 Winnetka Avenue North — Purchase Agreement Dear Mr. Tomaszewski: On May 10, 2004, the New Hope Economic Development Authority (EDA) will consider a purchase agreement prepared by the city attorney for the purchase of your property located at 5434 Winnetka Avenue North. Attached, please find the staff report outlining the proposal. You do not need to be in attendance, but are welcome to attend. The meeting will be at 7 p.m. at New Hope City Hall, 4401 Xylon Avenue North, New Hope. Staff will inform you of the ERA's decision. The city attorney's staff is preparing purchase agreements for signature that will be mailed to you upon completion. Also, the city attorney's staff is preparing paperwork for the property closing. If the proper paperwork cannot be obtained by the time of the scheduled closing on May 11 at 4:00 pm, the closing will need to be rescheduled. The city attorney's office will notify you regarding the necessary paperwork. If you have any questions or comments, please contact me at 763 - 531 -5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Enc. Staff Report Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Kari Klassen, Evergreen Land Services Valerie Leone, City Clerk (Improvement Project File 714) IV 4401 Xylon Avenue North o New Hope, Minnesota 55428 -4898 * www. ci.new - hope.mn.us City Hall: 763- 531 -5100 v Police (non - emergency): 763- 531 -5170 * Public Works: 763- 592 -6777 * TDD: 763 -531 -5109 City Hall Fax: 763 - 531 -5136 ® Police Fax: 763- 531 -5174 * Public Works Fax: 763- 592 -6776 This is NOTICE OF RELOCATION ELIGIBILITY You have now received the City of New Hope's written offer to purchase the property you own at 5434 Winnetka Avenue North, New Hope, MN for the above referenced East Winnetka Area project. As we have discussed with you, it will be necessary for you to move after the City of New Hope acquires your property. However, you do not need to move now. You will not be required to move without at least 90 days advance written notice of the date by which you must vacate. And when you do move, you will be entitled to relocation payments and other assistance in accordance with Federal regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (Uniform Act). To assist you in covering your costs of moving, you may choose either: (1) a payment for your documented actual, reasonable moving and related expenses, limited to a distance of 50 miles; or (2) a fixed payment based on the number of rooms you furnish and occupy. The fixed payment is computed using a schedule set forth by the Federal Highway Administration. Also, since you have owned and occupied your home for at least 180 days prior to November 19, 2003 and you buy a decent, safe, and sanitary replacement home, you may receive a replacement housing purchase supplement payment to assist in covering the following costs: Differential Amount - If you must pay more to buy a comparable replacement home than you receive for your present home, this differential amount will cover the difference up to certain limits. Further information is on the second page of this letter. 2. Incidental Expenses - This payment covers some of the costs incidental to the purchase and settlement of your replacement home. Examples of some eligible incidental costs are recording fees, appraisal fees, credit report fee, and title exam. Increased Mortgage Interest Costs - This amount will help compensate for some of the additional interest costs that would be incurred if you have a mortgage on your present home and must pay a higher interest rate on the mortgage for your replacement home. It is calculated on the basis of "discounted present value ". If this benefit applies to you, further explanation will be provided when specific mortgage information is received on your present and replacement homes. Last resort housing provisions of the Uniform Relocation Act apply when a comparable replacement dwelling for a 180 -day homeowner occupant is not available within the statutory monetary limit of $22,500. These provisions state that Agencies shall have broad latitude in providing housing of last resort, but implementation shall be for reasonable cost. Some of the methods of providing replacement housing under last resort provisions include: (i) a replacement housing payment in excess of the statutory limits; (ii) rehabilitation of and/or additions to an existing replacement dwelling; (iii) construction of a new replacement dwelling, (iv) relocation and, if necessary, rehabilitation of a dwelling. CITY OF NEW HOPE 4401 Xylon Avenue North e New Hope, Minnesota 55428 -4898 • www. ci.new - hope.mn.us City Hall: 763- 531 -5100 e Police (non - emergency): 763- 531 -5170 • Public Works: 763- 592 -6777 • TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 • Police Fax: 763- 531 -5174 . Public Works Fax: 763 -592 -6776 Listed below are some comparable properties which are similar to your present living conditions, and which are currently available. These homes have been analyzed per the definition and requirements of a "comparable replacement-dwelling" found in the Uniform Relocation Act regulations. (You will find this definition also in the Relocation Information Guidebook provided to you previously.) Address Asking Price Name Telephone # 1) 4756 Decatur Ave. North, $194,900 Joe and Rick 763 -559 -2894 New Hope Johnson 2) 3335 Lee Ave, Golden $194,900 Roma Brown 952- 915 -2215 Valley 3) 5406 Louisiana Avenue $174,900 Richard 763- 746 -4900 North, Crystal Bandimere We have chosen the first property at 4756 Decatur Avenue North, New Hope to use as your "comparable" dwelling in determining maximum replacement housing benefits described above. As you are aware, the appraised value of your home is based on the remolding you have done. Under the guidelines, we have to find a comparable that is functionally equivalent, which the comparables represent. Since the comparable amount is less than what you were offered on your present home, there is no housing differential payment. When you met with Kari Klassen your Relocation Advisor, she provided you with a pamphlet entitled "Relocation Assistance Guidebook ". Please read the pamphlet carefully. It explains your rights and some things you must do to obtain relocation payments. For example, to receive a replacement housing payment either for purchase or rent, you must purchase or rent a decent, safe and sanitary home within one year after you move or receive your final acquisition payment, if later. Please do not commit to buying or renting a replacement home before you have discussed the home with your relocation advisor, because she will need to perform the required relocation inspection of the home. If you have any questions regarding this letter or your relocation benefits and procedures, please contact Kari Klassen at (651) 882 -0200. This letter is of importance to you and should be carefully filed for safekeeping. Sincerely, c Daniel J. Donahue City Manager cc. Ken Doresky, Community Development Specialist Kirk McDonald, Community Development Director Kari Klassen, Evergreen Land Services Company Encl. PRICE DIFFERENTIAL PAYMENT / ANALYSIS OF COMPARABLE PROPERTIES Comparable Price $194,900 Project Price - $ 198,000 Difference = 0 Estimated Moving Expenses + $ 1,850 Estimated Closing Costs + $ 4,500 Total Benefit = $6,350 R/W Agent Kari Klassen Date 1/6/04 Subject Comparable Property #1 Comparable Property #2 Comparable Property #3 Price (appraised) $198,000 $194,900 $194,900 $174,900 Address 5434 Winnetka Avenue North 4756 Decatur Avenue North 3335 Lee Ave 5406 Louisiana Avenue North City New Hope New Hope Golden Valley Crystal Date of Inspection Style Rambler Rambler Rambler Rambler Construction Good Quality Average Average Average Actual Age /Eff.Age 1952 1964 1949 1954 Condition EGF Remodeled Average Average Average No. of Units 1 1 1 1 No. of Rooms 5 10 6 7 No. of Bedrooms 1 3 2 3 Bedrooms Required 1 No. of Baths 1 1 1 1 Above Ground Finished sq ft 861 1,024 1,040 925 Below Ground Finished sq ft 0 451 240 410 Total Finished Area 861 1,475 1,280 1,335 Basement None Full — finished Full — finished Full — Finished Bsmt- Types of Fin. Rms. NA Family Room, Laundry, Work Shop, Office Family Room Family Room Heat/Cooling Gas FA / CA Gas FA / CA Gas FA / CA Gas FA / CA Fireplaces One None Two None Garage 1 - detached 2 — detached 1 — attached 1 - detached Lot Size 100x330 33,000 sq ft 94x123x74x125 10,416 sq ft 85x158 13,430 sq ft 80x170 13,600 sq ft Neighborhood E/B Suburban Suburban Suburban Suburban Schools NA NA NA NA Public Transportation NA NA NA NA Church NA NA NA NA Place of Employment NA NA NA NA Water 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Sewer 1. Type 2. Adequate 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes 1. City 2. Yes Other Comments: " These amounts factored in to the comparable price - $3,000 — garage - $4,075 — above ground finished - $4,510— below ground finished + $5,000 — lot size + $2,500 — fireplace - $1,975 — above ground finished - $2,400 — below ground finished + $4,000 — lot size - $1,600 — above ground finished - $4,100 below ground finished + $5,000 — lot size Comparable Price $194,900 Project Price - $ 198,000 Difference = 0 Estimated Moving Expenses + $ 1,850 Estimated Closing Costs + $ 4,500 Total Benefit = $6,350 R/W Agent Kari Klassen Date 1/6/04 Michael Tomaszewski 5434 Winnetka Avenue North New Hope, MN 55428 RE: 90 -Day Notice to Vacate Project Name: East Winnetka Area Redevelopment Project Address: 5434 Winnetka Avenue North, New Hope, MN 55428 Dear Mr. Tomaszewski: As you know the City of New Hope is in the process of acquiring the property you occupy at 5434 Winnetka Avenue North, New Hope, MN 55428. This is a 90 -Day Advance Written Notice to inform you that you will be required to vacate the project site. However, you will not be required to move before May 27, 2004. You will receive another notice 30 days prior to the actual vacate date. As an occupant of the project site, you are entitled to relocation benefits. Our Relocation Consultant, Kari Klassen with Evergreen Land Services, will continue to assist you with your planning and preparation for your move. As always, we urge you to call Kari at 651- 882 -0200 with any questions or for other assistance. Si rely, Daniel J. Donahue City Manager Cc: Ken Doresky, City of New Hope Kirk McDonald, City of New Hope Kari Klassen, Evergreen Land Services. Company Steve Sondrall, City of New Hope, Attorney CITY OF NEW HOPE 4401 Xylon Avenue North < New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us Cite Hall: 763- 531 -5100. Police (non - emergency): 763 - 531 -5170 • Public Works: 763 -592 -6777 • TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136. Police Fax: 763- 531 -5174 e Public Works Fax: 763- 592 -6776 Michael Tomaszewski 5434 Winnetka Avenue North New Hope, MN 55428 RE: 30 -Day Notice to Vacate Project Name: East Winnetka Area Redevelopment Project Address: 5434 Winnetka Avenue North, New Hope, MN 55428 Dear Mr. Tomaszewski: As you know the City of New Hope is in the process of acquiring the property you occupy at 5434 Winnetka Avenue North, New Hope, MN 55428. This is your final 30 -Day Written Notice to inform you that you must vacate the property on or before May 27, 2004. As an occupant of the project site, you are entitled to relocation benefits. Our Relocation Consultant, Karl Klassen with Evergreen Land Services, will continue to assist you with your planning and preparation for your move. As always, we urge you to call Karl at 651- 882 -0200 with any questions or for other assistance. Sincerely, f Daniel onahue City Manager Cc: Ken Doresky, City of New Hope Kirk McDonald, City of New Hope Kari Klassen, Evergreen Land Services Company Steve Sondrall, City of New Hope, Attorney 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 ® www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 e Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763 -531 -5136 ® Police Fax: 763- 531 -5174 ® Public Works Fax: 763 -592 -6776 CLAIM FOR MOVING COSTS Name: Michael Tomaszewski Project Name: East Winnetka Area County: Hennepin Owner: Michael Tomaszewski Address: 5434 Winnetka Avenue North City: New Hope, MN Approved Amount: $ 1,850.00 Approved: A. cy Approved: l l < ( ( AJJA, —Ya Relocation Consultant Date of Application Approved: _ Payment to: Michael Tomaszewski Receipted Bills Room basis: X If room basis - number of rooms: 14 $1,850.00 Dislocation allowance Included Residence from which you moved Apartment No. of Rooms House No. of Rooms Basement = Garage Was it furnished with your own furniture? Yes ❑ No Name of Mover: NA Date of Move: NA Address: NA City: NA LOCATION TO WHICH PERSONAL PROPERTY WAS MOVED: Address: 5009 Douglas Drive City: Crystal, MN 55429 I, the undersigned, do hereby certify that the above information is true and correct, and that any movers' receipts or statements attached hereto accurately represent the expenses incurred. I further certify that I have not submitted any other moving claim for reimbursement of, or received compensation for, any expense in connection with this claim. I uncv rstand t t t als' ica on of any portion o his claim will resu Signed: t" �: �' Date: %.ail? zz Fixed Moving Claim Name of Claimant(s): Michael Tomaszewski Project Site Address: 5434 Winnetka Avenue North, New Hope, MN According to the Federal relocation regulations, a displacee may choose to move his or her own personal property, including disconnection and reconnection of such, without providing the displacing agency with any type of documentation for the actual costs incurred. Under these circumstances the claimant is compensated by utilizing a payment schedule based upon the number of rooms actually furnished and occupied by the resident(s) being relocated. The Agency charged with the responsibility of interpreting the relocation regulations has indicated that the "room count" utilized in calculating this benefit may be increased to reflect extraordinary furnishings or additional areas with personal property to be moved such as garage space, basement rooms, and so forth, which are not reflected in an appraiser's typical room count. The Federal Highway Administration residential fixed move payment schedule is as follows: Moving Schedule The occupant provides furniture Rooms 1 2 3 4 5 6 7 8 Each Additional Room Amount $400 $550 $700 $850 $1000 $1150 $1300 $1450 $100 Applying this data to the above - referenced claimant, then, a fixed move benefit is calculated as follows: Number of "rooms" occupied and furnished by resident = (12). Number of rooms occupied but not furnished by Business Owner = (0). For total room count of 12, payment schedule = $1,850.00. The room count for purposes of this moving payment has been determined as follows: Kitchen (2), Dining Room, Bedroom, Living Room (2), Family Room/Den, Laundry Room, Deck, Garage (3). Evergreen Land Services Company recommends that the City of New Hope approve total payment of $1,850.00 to Michael Tomaszewski for his non - documented fixed moving costs. REPLACEMENT HOUSING CLAIM Name: Michael Tomaszewski Project Name: East Winnetka Area County: Hennepin Owner: Michael Tomaszewski Address: 5434 Winnetka Ave. N City: New Hope, MN Type of Acquisition: Total Take Acquisition Price: $233,745.66 Comparable Price: $ Approved Amount: $ 0.00 Approved: Agency Approved: Relocation Consultant Date of Application Approved: Payment to: Michael Tomaszewski Address: 5009 Douglas Drive City: Crystal State and Zip: MN, 55429 /71 I' di p Supplemental payment will be used to rent decent, safe and sanitary replacement home Supplemental payment will be used to upgrade the above home to meet decent, save and sanitary requirements. I hereby request a supplemental payment for replacement housing and certify that I have been an owner - occupant of the above parcel and for at least 180 days immediately prior to the initiation of negotiations for the project site property. To the best of my knowledge, the replacement home meets the requirements for decent, safe and sanitary housing. As described in the homeowner relocation guidebook. Signed: l/ i t� '' Date: I certify that this site occupant has been relocated to housing that to the best of my knowledge meets the decent, safe and sanitary housing requirements as defined by the URA and established by local laws, ordinances or customs. Signed: Date: Relocation Consultant REPLACEMENT HOUSING BENEFITS FOR 180 -DAY HOMEOWNER OCCUPANTS Under the Uniform Relocation and Real Property Acquisition Act of 1970 as amended in 1987, displaced homeowners who meet the following criteria are eligible for a replacement housing payment: 1) Have owned and occupied their project dwelling for at least 180 days prior to the Agency's initiation of negotiations to acquire the dwelling, and 2) Purchase and occupy a decent, safe, and sanitary replacement dwelling within one year of the displacement date (or date of payment by the Agency through an eminent domain acquisition), and 3) File a written claim for payment within 18 months of the date of displacement. The statutory maximum replacement housing payment is $22,500; however, if that maximum amount is not sufficient to cover all eligible price differential, eligible increased mortgage interest, and eligible incidental (closing) costs, in order to complete the project the Displacing Agency will apply the "last resort housing" provisions of the Uniform Relocation Act. The last resort housing provisions permit the Agency to apply creative alternatives to replacement housing assistance, including increasing the replacement housing payment to cover those eligible costs, which exceed the statutory maximum, to ensure the project can proceed in a successful and timely fashion. The price differential component of the replacement housing payment is the difference between the Agency's acquisition price of the project site and either the actual cost of the chosen replacement dwelling or the cost of a "comparable replacement" dwelling, whichever is less. Research and study of available housing which is comparable to the project dwelling is undertaken by the Agency to establish the "comparable replacement" figure in the calculation. Detail of the comparable housing and referral information is provided to the displaced homeowner occupant via the Notice of Relocation Eligibility. (A copy of the applicable Notice is included in this claim booklet at Exhibit 2.) Increased mortgage interest costs are to assist displacees who will suffer a loss of favorable financing when selling the project property to the Agency. This replacement housing payment component is utilized only when the interest rate on the replacement dwelling exceeds the interest rate of the project dwelling. The payment is based on the lesser of the remaining term on the project mortgage or the new mortgage term and the lesser of the remaining balance on the project mortgage or the new mortgage amount. Debt service costs are also included but, again, are limited to the lesser of the unpaid mortgage balance on the project or the new mortgage amount. The third component of the replacement housing payment is reimbursement of incidental and closing costs associated with the purchase of the replacement home. Reasonable and necessary fees for items such as credit report, appraisal and housing inspection fees and pro -rated costs of loan origination, title insurance, and mortgage registration tax can be paid. Homeowner (Claimant) Names: Michael Tomaszewski Project Address: 5434 Winnetka Avenue North, New Hope, MN Replacement Address: Computation of Replacement Housing Benefits: 1) Price of Comparable Replacement Dwelling $ 194,900.00 2) Price of Actual Replacement Dwelling $ - - - - - -- 3) Lesser of 1) or 2) $ 4) Acquisition Price of Project Dwelling $ 233,745.56 5) Difference between 3) and 4) $ - - - - - -- 6) Increased Mortgage Interest Costs % NA 7) Incidental /Estimated Closing Costs $ NA 8) Total of 5), 6) and 7) $ 0.00 9) ELIGIBLE REPLACEMENT HOUSING BENEFITS REQUESTED IN THIS INITIAL CLAIM $ 0.00 Information on the comparable dwelling price is found at Exhibit 2 in the Notice of Relocation Eligibility. Documentation for the actual replacement dwelling price and estimated closing costs are the purchase agreement and Settlement Statement included with this Exhibit. Due to the uniqueness of this claim, there was no differential payment or closing costs. CLAIM FOR INCIDENTAL /CLOSING COSTS (Replacement Dwelling) Name: Michael Tomaszewski Project Name: East Winnetka Area County: Hennepin Owner: Michael Tomaszewski Address: 5434 Winnetka Avenue North City: New Hope Type of Acquisition: Total Take A. Loan Origination Fee B. Appraisal Fee C. Document Preparation Fee D. Flood Determination/Life of Loan Coverage E. Commitment Fee F. Settlement or closing fee G. Title Examination H. Lender's Title Insurance I. Owner's Title Insurance J. Plat Drawing K. Name Search L. Courier Fee M. Recording Fees N. MN Recording Fee (See totals listed on the Settlement Statement) *Pro - rated to project mortgage balance Approved Amount: $ 0.00 Approved: A e y , Approved: �, ; , Relocation Consultant Date of Application Approved: Payment to: Michael Tomaszewski $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 INITIAL PAYMENT $ 0.00 I, the undersigned, do hereby certify that the above information is correct to the best of my knowledge and that I have submitted by replacement home Lenders Good Faith Estimate to document the estimated costs I may incur relating to the purchase of my chosen replacement home. I understand that adjustments to the final payment for closing and incidental costs may be required based on actual costs incurred1which be documented by my replacement home settlement statement. Signed: t 4 ? ) Date: G r 2 RECEIPT FOR RELOCATION INFORMATIONAL BOOKLET Occupant Name: Michael Tomaszewski Project Site Address: 5434 Winnetka Ave. N., New Hope, MN I, representing myself, as an occupant of 5434 Winnetka Avenue North have met and talked with a Relocation Advisor from Evergreen Land Services Company regarding the relocation assistance and benefits provided under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended. I have received a copy of the booklet entitled "Relocation Assistance Guidebook" and have reviewed it and any questions, which we have had with our Relocation Advisor from Evergreen Land Services. I understand that documentation of costs is required to establish and approve any claim for relocation benefits. Our signatures on this receipt do not obligate us in any way. Ci(rna�• i r Relocation Consultant: � f Date: RELOCATION CONSULTANT CERTIFICATION I hereby certify the following: I have personally met with the project site occupants (claimants) and have reviewed the claim /payment documentation submitted by them. To the best of my knowledge the statements and documentation contained in this claim booklet, upon which the request and recommendations for payment are based, are true and correct. That I or a consultant with Evergreen Land Services Company has inspected the replacement dwelling chosen by the claimants for which the replacement housing benefits were claimed, as documented herein, and have found that such replacement dwelling meets the Uniform Relocation Regulation definition for decent, safe, and sanitary housing, determined to the best of our ability. A copy of the inspection report will be kept in Evergreen's files for this claimant. To the best of my knowledge and ability, the relocation assistance provided to these claimants, this claim for payment, and the recommendations made herein have been done in conformity with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 as amended and the implementing regulations thereof. Neither myself nor the owner or other employees of Evergreen Land Services has a present or contemplated interest in the property involved or relationship to the occupant(s) or to the Displacing Agency staff and representatives. Neither the employment to provide relocation assistance services nor the compensation for the services are contingent upon the amount of relocation assistance provided and amount of eligible payment recommended herein. uvIN, i i, L r i i -i inivi niuuuinvivi nIVnui i ivnL ivv. JJi i, i n gstrom Analytical, Inc. 5001 Cedar Lake Road S. ° o St. Loins Park, MN 55416 Office. (952) 252 -0405 , Q © Fax: (952) 252 -0407 City of New Hope Ann Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 TII- Re:- Property located at 5434 Winn`etlka, New Hope, MN. Dear Ken: further to our visit to the above referenced property on June 3, 2004 for the purposes of conducting a demolition asbestos inspection, we are prepared to state that no asbestos was detected in the building materials contained tested. 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 5434 Winnetka in New Hope, MN. 42 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of this survey approximately 1 thermostat (possible mercury containing switch), l furnace, l water heater, l range, and 1 A/C unit were noted. From the asbestos stand point the structure is ready to be demolished. If category 1 non - friable materials are allowed to be left in place for the demolition, the landfill must be made aware that the demolition debris will contain (minimal amounts of) category 1 non - friable asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). Note this survey is not a scope of work or a bidding document. If you have any questions, please call me at the number above. Thank .you. incerely, Steve Wallinga Angstrom Analytical, Inc. Full Service Labaratory and on -site Industrial Hvaiene Services for the Hazardous Material AhatAmnt lnductry Prepared by; Angstrom Analytical, Inc. 5001 Cedar Lake Road • St. Louis Park, MN 55416 Office: (952) 252 -0405 - Fax (952) 252 -0407 ' ngstrom Analytical & �'►4 o Environmental Services Building 5434 Winnetka Avenue North PSD = polendal for signilicamdamage EA = filling ND = noasbeslas was deie +ciedin (be sample New Hope, Minnesota submitted for aoalysic Survey Date: June 3, 2004 PD _ polcatiai Fm darnago TRGM = TrewIlic ids = rnalcrial not scunpied N = little or no damage CHR = Chrysmile NAC = material not aoaessi6tc Project No, City of New Hope D = moderate damage- AM = Amosite < = less than valet: specified Attn: Ken Doresky SD = signifi "-ini damage CROC = CrocidolRe s _ 7lie unVks were omanalyze& - these results are 10 rerred r crosiatent with the analyrod samptec In the hamagu"us set 4401 Xylon Avenue North � = tinrar tom ACT = Arltooiite New ope Minnesota 55428 SF = square foot ANTM = Anthopdytllie Location Material Ideal Sample Number Types of Asbestos Quantity Unils Cond, Damage Potential Response Rating Back Room Slate Floor 1 -3 ND - 300 -350 SF N = = PD ' a " Thinset 4 -6 ND - 300 -350 SF N Pp 0 " —under slate Floor Tile 7 -9 ND - 300 -350 SF N PD 0 Mastic 10 -12 ND - 300 -350 SP N PD 0 " Tarpaper 13 -15 ND - 300 -350 SF N PD 0 Front Rm. Tarpaper —under wood floor 16 -18 ND - 425 -275 SF N PD 0 Throughout Plaster —base coat 19 -21 ND - 2700 -3000 SP N PD 0 " Plaswter —skim coat 22 -24 ND - 2700 -3000 SF N PD 0 " Sheetrock 25 -27 ND - 2700 -3000 SF N PD 0 Exterior Stucco 28 -30 ND - 2400 -2600 SF N PD 0 " Roo f3 ng —I' Layer 3T-33 ND - 1200-1300 SF N PD 0 " Roofing —T I-Ayer 34 -36 ND - 1200 -1300 SF N PD U " Rooting —3' Layer 37 -39 ND - 1200 -1300 SF N PD 0 ` Tarpaper 44-42 ND - 1200 -1300 SF N PD 0 _ - - Full Service Laboratory and On -Site industrial Hygiene Services fof the Hazardous Material Abatement industry Page 1 JUIV, 1 I. LVV`h I I : ) IHIVI hNUO I RUM hINhL! I lUML INV. )J I r• J NHC for: City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 ►Client Job or reference: 5434 Winnetka Ave N of samples: 42 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- conraining 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 gfier processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (lengrh over width) under the microscope are approximately >I0,• non - fibrous amphiboles are generally those whose mean aspect ratios are approximately <6: During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non - fibrous categories. That non fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non - fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used PER CENTAGE REPORTING The percentage of each fiber rype 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 Interims Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counred. For samples consisting of more than one apparent type of material or layer, the percentage of each fiber We in each type of material or layer is determined and reported separately, an overall average for the sample of each fiber rype is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, erc), 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. t�J - -- - --• - -- -- - -•- --- - - - - -- --------------- - - - - -_ ----------------------- June 9, 2404 Steve Wallinga, Angstroms Analytical, Inc. Full Service Laboratory and on site industrial Hygiene Services far the Hazardous Material Abatement Industry ASBEST ( BULK S REPORT OF MATERIALS ANALYSIS CLIENT L. (, c► t'F' Project Location y � k � Results Via Data Entry e ' / ✓3 b Approved B CLIENT ADDRESS Glient/i2ecelving# . I Project# ` 1 - ( Date Rec'd 6 , 1 S� k Analyst L$ An a[yzed ""7'� lu A,-e._ n,J AssEgfled/lab # Fax t� ®q `06 Date Mailed Phoned Sample Number Material Physical Descriptlon Location Asbestos Type MI Approximate None ;. Percent Detected - . -None_ : Detected - ' Nom = Detected / a5fl-C None Detected None _ Detect None._- et ected T ; e , LAtj"". S L None : Detected done Detected None Detected Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 � '¢t lop A na cal ' ? 50 • • r Loke Road 41� St. Louis Park, Mn 55416 if CLIENT Material Project Location ResuTts Via Data Entry t'o" 3 ' 0 9 Approved t o .�O �-� � 573 it L i I� (Z� -�- ProJect.4 �� - �� Analyst CLIENT ADDRESS � . a e - v— Cllont/Recetvrng # ^ ) 1 Q j Date Recd (0 j �y Analyzed t N" X 14- gS )'eax # Date Mal red Phoned (D' 7'd AssignedlLab# c2 °-o6 Sample Number Material Physical Description Loca►Ton Asbestos Type Approximate Percent t o /' Iu "5 k� �c AA-,A.- S ��.. z u�� None Detected o � . a e - v— Ib16�'_ (< None- Detected None _ - De tected " done = " "detected 1 . None` Defected None Detected 1�'- tke- k Fttw None Detected 1 - . - . - • None Detected - ✓l F ' ene - Detecte C tti C C -P x U C s y Z Angstrom Analytical, Inc. • 5001 Cedar Lake Road - St. Louis Park, MN 55416 - AA/PLM11 Ana Mical ll C edar L ake o • L CLIENT C,� /JQO Project Location / c s - �� t.�J . +16t e Results Via t N Or 7 Data Entry . � Approved By Project# Analyst Dale Recd y L * ' f Y Analyzed 4 Date Matted Phoned CLIENTAIDDRESS / " � Yy11A /QA) t �� 2y Fax Client/Receiving# � "V' 2-7 Assigned1LabW O� Sample Number Material Physical Description Locatlon _Asbestos Typo Approximate Percent No ne Uetected 2� . ~ . None � - Detected Non,/ . '_ Detected f None*- Detected Nan'. Detected None Detecte 2 15 ��ee���� �,� '' Done Uetected 2 --None Dete None Detected i Angstrom Analytical, Inc. • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 JAI� 1 r Sam pie Number Material Physical Description Location Asbestos Type Approximate Percent �. None Detected None- Detected .__ Aone cted 3 — 3 2, �,���,�,,� �,1 �� , f� 4 None Detected None Detected` None Detected 3 P. 0 P, `' 2 A e , None uetect 35_ _ - None Detected None Detected Angstrom Analytical, Inc. • 5001 Cedar Lake Road - St. Louis Park, MN 55416 • AA(PLM /1 v `ngstrom Anatyticai Sample Number Material Physical Descriptlon Location Asbestos Type Approximate �etc�nr Gene eteted - = .Noire Detected el None 0- I'acted Noneetected None detected None Detected Angstrom Analytical, Inc, • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 CLIENT G I � Project Location Results Via SY3 10 + Data Entry 3 Approved Project# Analyst Date Rec'd G ` S- c ' y Analyzed - 7 —0 - Date Mailed Phoned CLIENT ADDRESS I Vim^ N :-e,, fi� l��(Lr� � s aX # ClientlRecelving # 3 _ M q Z-. • Assigned(Lab # � ✓O� Sample Number Material Physical Descriptlon Location Asbestos Type Approximate �etc�nr Gene eteted - = .Noire Detected el None 0- I'acted Noneetected None detected None Detected Angstrom Analytical, Inc, • 5001 Cedar Lake Road • St. Louis Park, MN 55416 • AA/PLM /1 JUIN, 1 I, LJV+ I I : )OHM HIVUJ I RVIVI HINhLT I IUHL INV, jj I 7 - ngstrom Analytical, Inc. 5001 Cedar Lake Road S. ,�► ' „... n St. Louis Park, MN 55416 Office: (952) 252 -0405 ®D 0 Fax: (952) 2520407 January 6, 2004 City of New Hope Attn: Ken Doresky Community Development Specialist 4401 Xylon Avenue North New Hope, Minnesota 55428 Re:. Limited. Scope Lead - Based Paint Testing Rg ort This report provides the results of a limited scope lead -based paint testing conducted on June 3, 2004 at 5434 Winnetka Ave N in New Hope, Minn esota. Angstrom Analytical, Inc. was authorized by you to conduct field screening of suspect deteriorating lead -based paint by using a field portable x -ray fluorescence (XRF) analyzer, and to collect and analyze paint chip samples, as necessary, to achieve conclusive results. Results Results of = 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 0 samples results are attached. Methodology Testing was accomplished using a Niton XG309 (300 Series). This instrument is a portable, non-destructive, in -situ testing and measurement instrument that renders an average precision of +/- 0.3 milligrams per square centimeter (mg/cm depending upon the length of time the sample point is tested, Specific precision limits are established by the National Institute of Standards and Technology (NISI). This instrument contains a radioactive isotope, Cadmium -109, with a max_rmum, activity of 10 m Ci. The manufacturer of the sealed source is Niton Corporation, the source model is X- B3205. 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 Faint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing.” May 1991 revision, were used to determine the presence or absence of lead -based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Full Service Laboratory and on site Industrial Hygiene Services for the Hazardous Material Abatement Industry JUIN. I I. M4 1 1 : JdAIVi AINU5I KUIVI AINALY I IU8L INU. 7) I r, i v Remarks The Lead -Based faint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead -based paint hazards equal to or greater than 1.0 mg/cm or 0.5 percent by weight must be abated. Standards for private or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need further assistance, please call us at the number above. Sincerely, Steve Wallinga Angstrom Analytical, Inc. JUIV, 1 I, LUU'+ I I , )OMIVI HINUJ I RUM MIMI -T I l�/HL INV, 77 I I I O rl9strom nmrl ic al, I nc. 5001 Cedar Lake Road S. 4 +' °` 0o St. Louis Park, MN 554'16 4 Office, (952) 252.0405 a Fax; (952) 252 -0407 June 6, 2004 City of New Hope AM Ken Doresky Co Development Specialist 4401 Xyion Avenue North New Hope, Minnesota 5542$ 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 5434 Winnetka Ave N. in New ,dope, Minnesota. All measurements are mg/=2. Confirmation Samples A. 1.02 Standard 1.0 1.0 1.0 Lo_ tion & N terial esu] s o21 itigal 1) Exterior, White Stucco Wall 01 Fair 2) Exterior, White Window Trim, 0.3 Poor 3) Exterior, White Window Trim 0,1 Fair 4) Exterior, White Window Sill 0.1 Fair 5) Exterior, White Soffit 0.1 Fair 6) Exterior, White Fascia 0.2 Fair 7) Exterior, White Back Door 0.0 Fair 8) Exterior, White Back Door Tzim 0,0 Fair 9) Exterior, White Back Deck Stair 0,0 Fair 10) Rm. 120, White Sheetroek Wall 0.0 Fair Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Materfal Abatement Industry JUN, I I. M4 I I : JbAIVI ANU61 KUIVI ANALY I IGAL INV. 77 I r, i 1 1) Exterior, White Front Door 12) Exterior, White Front Door Trim 0.1 Fair 13) Living R.m, Door Trim 0.2 Fair 14) Porch Door Trim 0.0 Fair 1S) Kitchen, White Wall 0.0 Poor 01 Poor 16) Kitchen, White Window Trim 0.0 Fair 17) Furnace Rm. Sheetrock Wall 0.0 Intact 1 8) Side Entry Door 0.1 Fair 19) Side Entry Door Trim 0.1 Fair JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEEAX (763) 493 -5193 e -mail lawC& j ensen- sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A. SONDRALL April 16, 2004 STACY A. WOODS OF COUNSEL Valerie Leone, City Clerk WRENS Q. BRYNESTAD City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: The Economic Development Authority in and for the City of New Hope v. Michael Charels Tomaszewski, et al. /Condemnation Proceeding Hennepin County District Court File No.: CD -2743 Our File No.: 99.53074 Dear Ms. Leone: Enclosed and served upon you in the above - referenced matter is a Notice of Filing of Orders, along with a copy of the following: 1. Findings of Fact, Conclusions of Law and Order Appointing Commissioners; and 2. Findings of Fact, Conclusions of Law and Order Transferring Title and Possession Per Minn. Stat §117.042. Thank you for your time and attention to this matter. Sincerely, Steven A. Sondrall Clarissa M. Klug Attorneys for the City of New Hope Enclosures `Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charels Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. 1 TO: MICHAEL CHARELS TOMASZEWSKI, WELLS FARGO BANK, N.A., RICHARD S. SULKY, BARBARA S. SUCKY, NEW HOPE ALANO GROUP, INC., A MINNESOTA CORPORATION, SIGNAL BANK NATIONAL ASSOCIATION, JOHN BOCKHAUS, JANE BOCKHAUS, 20/20 EYE CARE & OPTICS, KIM DEJNO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BETTY L. DEJNO, RANDY DEJNO, RICK DEJNO, KATHY NELSON, MARGUERITTE C. HANLE, WORLD SAVINGS BANK, FSB, XCEL ENERGY, QWEST COMMUNICATIONS CORPORATION, QWEST CORPORATION, CENTERPOINT ENERGY MINNEGASCO, A DIVISION OF CENTERPOINT ENERGY RESOURCES CORP., COUNTY OF HENNEPIN AND CITY OF NEW HOPE: PLEASE TAKE NOTICE that on the 8`' day of April, 2004, the above -named Court made and filed the following Orders in the above - entitled action, copies of which are attached hereto. 1. Findings of Fact, Conclusions of Law and Order Appointing Commissioners; and 2. Findings of Fact, Conclusions of Law and Order Transferring Title and Possession Per Minn. Stat § 117.042. Dated: April /(,� , 2004. JENSEN & SONDRALL, P.A. By Steven A. Sondrallj�10 1 Clarissa M. Klug, 02 250 Attorneys for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attomey \SAS \1 Client Files \2 City of New Hope \99 -53074 East Winnetka condemnation \Notice of Filing of Orders, doe 7 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER APPOINTING COMMISSIONERS 1 IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES The above - entitled proceeding came on for hearing before the undersigned Judge of this Court in the Hennepin County Government Center, Minneapolis, Minnesota, on the 6" day of April, 2004, upon the Petition of the Economic Development Authority in and for the City of New Hope for the taking of certain land, buildings and other improvements (hereafter Property) under the power of eminent domain. Petitioner appeared by its attorney, Steven A. Sondrall, Esq., of the firm of Jensen & Sondrall, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota 55443. Respondents appeared by their attorneys mil `,. w N T' ; a x i , A LaW A-IV J RA&J of There were no appearances by the other Respondents named herein. 2 Having heard the evidence adduced at the hearing and the arguments of counsel, and based on all files and records herein, the Court makes the following Findings of Fact, Conclusions of Law, and Order Appointing Commissioners: FINDINGS OF FACT 1. Notice of the objects of the Petition and of the time and place of presenting the same was duly and timely served upon the Respondents named herein as indicated in the proofs of service that have been filed in the office of the Clerk of District Court. 2. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota. This proceeding is authorized by resolution of the governing body of the Economic Development Authority in and for the City of New Hope, Minnesota passed on the 26' day of January, 2004. 3. Petitioner seeks to acquire fee title absolute to certain land, buildings and other improvements on the land located within the boundaries of a restated Redevelopment Project No. 1 and Tax Increment Financing District 03 -1, located within the boundaries of the City of New Hope, Minnesota, legally described in its Petition. Said property will be used by Petitioner for a housing redevelopment project known as the Winnetka East Area involving construction of 170 units of residential housing including 120 carriage homes and 50 condominiums to be completed in two phases in 2004 and 2005 and to fulfill Petitioner's r contractual obligations with the project's developer Ryland Homes. The acquisition of such property is authorized by Minnesota Statutes, Minn. Stat. § §469.012 subd.l(6), 469.094 subd.2, and 469.101 subd.4 (2002). CONCLUSIONS OF LAW 3 1. The property to be taken and acquired is situated in the City of New Hope, County of Hennepin, State of Minnesota, and is described in the Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 attached to the Petition. 2. Petitioner possesses the right of eminent domain and has properly exercised the same herein. 3. The taking described in the Petition is for a public use and purpose, is necessary and convenient in furtherance of Petitioner's plans to use the land in a housing redevelopment district and tax increment financing district, and in fulfillment of Petitioner's contractual obligations with developer Ryland Homes, and as such is authorized by law. ORDER APPOINTING COMMISSIONERS IT IS ORDERED THAT $ a R �"t 1 ,(chair) and (appraiser), Z-C° Zy CR- X 1 (broker) with and as (alternates), who are disinterested residents of Hennepin County, be and they hereby are appointed as commissioners of appraisal, and they shall ascertain and report the amount of damages that will be sustained by the several owners on account of the taking. The three commissioners shall file their report with the Clerk of District Court no later than one hundred eighty (180) days from the date of this Order. Said commissioners shall hold their first meeting in the office of the Clerk of District Court, Hennepin County Government Center, Minneapolis, Minnesota, at o'clock a.m. on the day of ,42LIL 2004. Compensation for each of said commissioners shall be at the sum of Four Hundred Dollars ($400.00) per day and Two Hundred Dollars ($200.00) per half 2 day for each day occupied by each commissioner in the performance of said duties, the sum of Eighty Dollars ($80.00) per hour as reimbursement for administrative duties and reimbursement for mileage actually traveled in the performance of said duties shall be at the rate of thirty -six cents ($.36) for each mile traveled. IT IS FURTHER ORDERED that the estate acquired by Petitioner in the property that is the objects of the Petition shall be fee simple absolute. Dated: April ,2004. BY THE COURT: Judge of D A ACou P: \Attorney \SAS \l Client Files \2 City of New Hope \99 -53074 East Winnetka condemnation\Findings and Order Appoint Commissioners1doc 5 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER TRANSFERRING TITLE AND POSSESSION PER MINN. STAT. §117.042 1 V IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES The above - entitled proceeding came on for hearing before the undersigned Judge of this Court in the Hennepin County Government Center, Minneapolis, Minnesota, on the 6` day of April, 2004, on Petitioner's Motion for an Order transferring to it title to and possession of the subject property described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 attached to its Petition pursuant to Minn. Stat M7.042 (2002), the so- called "Quick- Take" law. Petitioner appeared by its attorney, Steven A. Sondrall, Esq., of the firm of Jensen & Sondrall, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota 55443. Respondents appeared by their attorney, - ,L4 Luoz? , cta `.`c,��. 4 &,z2 FR,", i<Lklv of the firm of herein. There were no appearances by the other Respondents named 2 3 Having heard the evidence adduced at the hearing and the arguments of counsel, and based on all files and records herein, the Court makes the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT 1. Each of the Respondents named herein was served with the Notice of Motion and Motion for an Order Transferring Title and Possession in a timely manner and according to Minn. Stat §117.042 (2002) and the Minn. Rules of Civil Procedure, 2. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota and has commenced an action in eminent domain in this Court whereby it seeks fee simple absolute to the land, buildings, and all other improvements on the land (hereafter Property) legally described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 of its Petition on file with the Court. This action was authorized by a resolution of Petitioner's governing Board adopted on January 26, 2004. 3. The Property which is the subject of this proceeding is located within the boundaries of restated Redevelopment Project No. 1 and Tax Increment Financing District 03- 1, (Special Law) and is also located within the City of New Hope, County of Hennepin, State of Minnesota. 4. Petitioner has shown that the taking is for a public use and purpose, is necessary and convenient in furtherance of housing redevelopment within the City and to fulfill Petitioner's contractual obligations with Ryland Homes, the developer of the Winnetka East Area Housing project, involves land within a housing redevelopment district and tax increment district within its areas of jurisdiction and authority, and as such is authorized by law. 3 5. On February 19, 2004, Petitioner served its Notice of Intention to Take Possession of the Property described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 of its Petition prior to the filing of an award by the Court - appointed Commissioners on each of the owners of the affected Properties according to the procedure specified in Minn. Stat § 117.042 (2002). 6. Petitioner seeks to acquire fee simple absolute title to the real property described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 of its Petition. The approved appraisal value of the real property as described in said Exhibits is as follows-per a resolution adopted by Petitioner's governing Board March 22, 2004: a) A -1 5434 Winnetka Ave. N. $198,000.00 b) A -5 5540 Winnetka Ave. N. $225,000.00 c) A -6 7615 Bass Lake Road $465,000.00 d) A -9 7809 Bass Lake Road $175,000.00 e) A -10 5537 Sumter Ave. N. $168,000.00 f) A -11 5531 Sumter Ave. N. $199,000.00 7. Petitioner has a right to title and possession of the properties legally described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 of its Petition upon its payment of its approved appraisal values as described above to the owners of the described property but not before 12:01 a.m. May 24, 2004. If Petitioner deems it necessary to deposit its approved appraisal payment with the Court, Petitioner may apply to the Court for an order transferring title and possession of the involved property or properties from the owner to Petitioner. CONCLUSIONS OF LAW 4 1. Petitioner is authorized by law to acquire the Property described in its Petition herein under the procedures specified in Minn. Stat Chapter 117 (2002) and other law. 2. Petitioner has complied with all the legal requirements for obtaining title and possession to the Property pursuant to Minn. Stat §117.042 (2002). 3. Petitioner is entitled to title of said Property no earlier than May 24, 2004, or when Petitioner makes payment to the owners or deposits with this Court its approved appraisal values as described in paragraph 6(a) through (k) of the herein Findings of Facts, whichever is later. If any approved appraisal amount is deposited with the Court, Petitioner may concurrently apply to the Court for an order transferring title and possession of the Property or Properties involved from the owner or owners to Petitioner. WHEREFORE, the Court makes the following: ORDER TRANSFERRING TITLE AND POSSESSION IT IS ORDERED THAT Petitioner may have title and possession to the Properties described in Exhibit A -1, A -5, A -6, A -9, A -10 and A -11 of its Petition for the purposes stated therein no earlier than May 24, 2004 or when Petitioner pays the owner or deposits with the Court its approved appraisal values as set out in paragraph 6(a) through (k) of the herein Findings of Fact, whichever occurs later. Petitioner shall have possession of the Property no earlier than 12:01 a.m. on May 24, 2004. IT IS FURTHER ORDERED that if Petitioner pays directly to the owners the approved appraisal values described in paragraph 6(a) through (k) of the herein Findings of Fact, that the filing of a certified copy of this Order with the Hennepin County Recorder or 9 U Hennepin County Registrar of Titles shall, effective May 24, 2004, vest in Petitioner fee simple absolute title to said Properties, all as specified in the Petition, free of any interest held or claimed to be held by the Respondents named herein. In the event Petitioner deems it necessary to deposit the approved appraisal value with the Court, Petitioner may apply to the Court, ex parte, for an order transferring title and any interest held or claimed to be held in the Property or Properties involved by the Respondents named herein. However, Petitioner shall notify all Respondents named herein by certified mail return receipt requested that said deposit was made to Court within five (5) days of the order transferring title and possession to Petitioner. Dated: April , 2004. BY THE COURT: Judge of Dist ct Cou �t- P: \Attorney \SAS \l Client Files \2 City of New Hope \99 -53074 East Winnetka condemnation \Findings and Order Transferring Title.doc no STATE OF MINNESOTA COUNTY OF HENNEPIN The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES TO THE ABOVE -NAMED COURT: Petitioner respectfully represents and alleges as follows: 1. Petitioner is a municipal corporation duly organized and existing under the laws of the Sate of Minnesota. 2. Petitioner has assumed control of various Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Districts originally created by the New Hope HRA per the authority of Minn. Stat. § 469.094, Subd. 2. 3. Petitioner seeks to acquire fee simple title to eleven (11) separate parcels of property owned by the named Respondents herein and located in the City of New Hope, County of Hennepin, State of Minnesota, legally described with ownership interests indicated on Exhibits A -1 through A -11 hereto attached; said properties are commonly known as follows: Parcel Number Common Address 1. 5434 Winnetka Avenue North 2. 5440 Winnetka Avenue North 3. 5446 Winnetka Avenue North 4. 5512 Winnetka Avenue North 5. 5540 Winnetka Avenue North 6. 7615 Bass Lake Road 7. 7609 Bass Lake Road 8. 7643 Bass Lake Road 9. 7809 Bass Lake Road 10. 5537 Sumter Avenue North 11. 5531 Sumter Avenue North N X I The described properties are necessary to the successful completion and development of the Restated Redevelopment Plan for Redevelopment Project No. 1 and new Tax Increment Financing District No. 03 -1 as more fully described herein. The properties are also necessary for the development and construction of 170 units of residential housing in a housing district known as the Winnetka East Area, to include 120 carriage homes and 50 condominiums to be completed in two phases in 2004 and 2005. This redevelopment is expected to increase the City's tax base by approximately 31.8 million dollars. 4. Petitioner has, pursuant to its December 8, 2003 EDA Resolution No. 03 -14 (attached hereto as Exhibit B) modified its Restated Redevelopment Plan and Tax Increment Financing Plans for Redevelopment Project No. 1 and Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1; creating Tax Increment Financing District No. 03 -1 (Special Law) and Adopting a Tax Increment Financing Plan relating thereto. Further, EDA Resolution No. 03 -14 modified the Restated Redevelopment Plan for Redevelopment Project No. 1 by reflecting increased geographic area, increased project costs and increased bonding authority. EDA Resolution No. 03 -14 also modified in the same manner the existing Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1. Finally, EDA Resolution No. 03 -14 created a new Tax Increment Financing District No. 03 -1 within the Redevelopment Project No. 1 and approved the Tax Increment Financing District Plan relating thereto. 5. The New Hope City Council has, pursuant to Resolution No. 03 -183 (attached hereto as Exhibit C), approved Petitioner's action taken by EDA Resolution No. 03 -14. 3 6. The Commissioners of the Petitioner and the Members of the New Hope City Council, acting as the governing board of Petitioner, have made findings, as set out in their respective resolutions attached, concluding among other things: a. The assistance to be provided by the Restated Redevelopment Plan, the existing Tax Increment Financing Plans and the new Tax Increment Financing Plan, hereinafter collectively the Plans, are necessary to assure the redevelopment of Redevelopment Project No. 1; b. The Petitioner's and the New Hope City Council's collective actions taken on the Plans conform to the general development and redevelopment plans of the City and are consistent with the City's Comprehensive Plan; C. The Plans afford maximum opportunity for development and redevelopment of Redevelopment Project No. 1 by private enterprise pursuant to redevelopment contracts with private developers; d. Tax Increment Financing District No. 03 -1 constitutes a "tax increment financing district" as defined in Minn. Stat. § 469.174, Subd. 9, and further constitutes a "redevelopment district" as defined by Minn. Stat. § 469.174, Subd. 10; e. The development of Tax Increment Financing District No. 03 -1 would not occur solely through private investment and therefore requires tax increment financing; and f. The above findings, in the opinion of the Petitioner and the New Hope City Council, will promote the City's public purposes and objectives as stated in the 4 Plans supported by the factual determinations as set out in Exhibit A to Resolution No. 03 -183, 7. Petitioner has or will enter into a Contract for Private Redevelopment (the "Redevelopment Contract ") with Ryland Homes (hereafter "Redeveloper ") to assist Redeveloper in the development and construction of the 170 residential housing units referred to in paragraph 3 with the City of New Hope. 8. The acquisition of the eleven (11) described properties are necessary to fulfill Petitioner's contractual obligation under the Redevelopment Contract and therefore is for a public purpose and will promote the objectives of the Plan. 9. On January 26, 2004, Petitioner adopted Resolution No. 04 -03 (attached as Exhibit D). Resolution No. 04 -03 authorized the acquisition of the eleven (11) properties described in Exhibits A -1 through A -11 by eminent domain proceedings. 10. The properties to be acquired through this proceeding are located entirely within Redevelopment Project No. 1 and Tax Increment Financing District No. 03 -1. 11. The legal descriptions of the lands to be taken and the names of those appearing of record or known to the Petitioner to be the owners of said lands or interested therein, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each as can be ascertained, are set forth in Exhibits A -1 through A -11 attached hereto and made a part hereof as though fully set out at this point. 12. Petitioner has the legal authority to exercise the power of eminent domain to acquire the eleven (11) properties described in Exhibits A -1 through A -11 attached hereto pursuant to Minn. Stat. §§ 469.012(6), 469.094(2) and 469101.(4). G WHEREFORE, Petitioner prays for the Order of this Court as follows: 1. Adjudging that said taking is for a public purpose, is necessary, and as such is authorized by law; 2. Appointing three (3) disinterested commissioners, and at least two (2) alternatives, residents of Hennepin County, to ascertain and report the amount of damages that will be sustained by the respective owners of the eleven (11) described properties on account of the taking; fixing the time and place of the first meeting of the three commissioners; prescribing their compensation; and requiring the commissioners to file their report with the Clerk of District Court within one hundred eighty (180) days from the date of this Order appointing the commissioners, unless said time be further extended by Order of the Court; and 3. For such other and further relief as may be proper and pursuant by law. Dated: February , 2004. JENSEN & SONDRALL, P.A. By: Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 0 ACKNOWLEDGMENT The Economic Development Authority in and for the City of New Hope, Minnesota, by and through its attorneys, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party pursuant to Subd. 2 of M.S.A. §549.21. Dated: February , 2004. JENSEN & SONDRALL, P.A. By: Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\Attomey \SAS \1 Client Files\2 City of New Hope\ 99 - 11287 \99.11287 - 003- Condemnation Petition. doc 7 EXHIBIT A -1 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 1. 5434 Winnetka Avenue North The North Seventy (70) feet of the South Four Hundred 05- 118 -21 -33 -0014 • Wells Fargo Bank, N.A. Fifty (450) feet, except road, according to the recorded • City of New Hoe Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota, Lot thirty -eight (38), Auditors Subdivision Possible Easement • Qwest Corporation No. Two Hundred Twenty -Six (226). • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Abstract Propert County of Hennepin INTERESTED PARTIES NATURE OF INTEREST • Michael Charels Tomaszewski Fee Owner • Francis T. Tomaszewski Life Estate • Wells Fargo Bank, N.A. Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -2 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 2. 5440 Winnetka Avenue North North 70 feet of South 520 feet of Lot 38, Auditor's 05- 118 -21 -33 -0015 • The Arens Family Trust Subdivision Number 226, according to the recorded • City of New Hoe Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota. Possible Easement • Qwest Corporation Abstract Property • INTERESTED PARTIES NATURE OF INTEREST • Vernon N. Arens Fee Owner • Martha C. Arens Fee Owner • The Arens Family Trust Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin I Real Estate Taxes EXHIBIT A -3 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 3. 5446 Winnetka Avenue North The North 70 feet of the South 590 feet of Lot 38, 05- 118 -21 -33 -0016 • City of New Hoe Auditor's Subdivision No. 226, according to the • Xcel Energy Possible Easement recorded plat thereof, and situate in Hennepin County, Qwest Communications Co oration Possible Easement • Minnesota. Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Abstract Propert • INTERESTED PARTIES NATURE OF INTEREST • Clifford R. Dahlman Fee Owner • Angeline Dahlman Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Co oration Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 10 EXHIBIT A -4 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 4. 5512 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0006 • Bell America Mortgage LLC - DBA Bell Mortgage of the Southwest Quarter of Section 5, Township 118, • Bremer Bank, National Association Mortgage Range 21, West of the Fifth Meridian lying South of State Farm Fire and Casualty Company Judgment Creditor • the North 513.80 feet front and rear and North of the Easement • Xcel Energy South 760.02 feet front and rear, being a part of Lot • Qwest Communications Corporation Possible Easement 38, Auditor's Subdivision Number 226, Hennepin Qwest Corporation Possible Easement • County, Minnesota. Possible Easement • County of Hennepin Abstract Property INTERESTED PARTIES NATURE OF INTEREST • Jose A. Mendez Fee Owner • TCF Mortgage Corporation Mort a e • Bell America Mortgage LLC - DBA Bell Mortgage Mortgage • Bremer Bank, National Association Mortgage • State Farm Fire and Casualty Company Judgment Creditor • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 11 EXHIBIT A -5 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 5. 5540 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0007 • City of New Hoe of the Southwest Quarter of Section 5, Township 118, • Xcel Energy Possible Easement North Range 21, West of the 5` Principal Meridian, Qwest Communications Corporation Possible Easement • Hennepin County, Minnesota, described as follows: Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Commencing at a point on the West line of said West • County of Hennepin Real Estate Taxes 10 acres of the Southwest Quarter of the Southwest Quarter, distant 1100 feet North from the Southwest corner thereof; thence North along said West line, 90 feet; thence East parallel with the South line thereof, 160 feet; thence South parallel with the West line thereof, 90 feet; thence West parallel with the South line thereof, 160 feet to the point of beginning, now being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Propert INTERESTED PARTIES NATURE OF INTEREST • Richard S. Sucky Fee Owner • Barbara S. Sucky Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 12 EXHIBIT A -6 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. Mortgage • City of New Hoe Easement 6. 7615 Bass Lake Road The North 202.2 feet of the East 150 feet of the West 800 05- 118 -21 -33 -0028 • Qwest Corporation Possible Easement feet of Lot 39, Auditor's Subdivision No. 226, Hennepin Possible Easement • County of Hennepin Real Estate Taxes County, Minnesota. INTERESTED PARTIES NATURE OF INTEREST • New Hoe Alano Group, Inc., a Minnesota corporation Fee Owner • Signal Bank National Association Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 13 EXHIBIT A -7 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. • Amy P. Moo Fee Owner 7. 7609 Bass Lake Road Tracts C and D, Registered Land Survey No. 848, 05- 118 -21 -33 -0089 Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC Mortgage Hennepin County, Minnesota. Being registered land as U.S. Bank National Association, N.D. Mort a e • is evidenced by Certificate of Title No. 1042019. Easement INTERESTED PARTIES NATURE OF INTEREST • Casey M. Moo Fee Owner • Amy P. Moo Fee Owner • Marquette Ca ital Bank, NA Mortgage • Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC Mortgage • U.S. Bank National Association, N.D. Mort a e • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 14 EXHIBIT A -8 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID S. 7643 Bass Lake Road That part of Lot 39, Auditor's Subdivision Number 05- 118 -21 -33 -0023 • City of New Hope 226, Hennepin County, Minnesota, described as • Xcel Energy Possible Easement follows: Commencing at a point 410 feet East of the Qwest Communications Corporation Possible Easement • Northwest corner thereof; thence East along the North Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. line a distance of 90 feet; thence South parallel with the • County of Hennepin Real Estate Taxes West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 244093. INTERESTED PARTIES NATURE OF INTEREST • Beatrice Dolan Fee Owner • TCF National Bank Mort a e • City of New Hope Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 15 EXHIBIT A -9 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 9. 7809 Bass Lake Road The West 70 feet, front and rear, of the East 140 feet, 05- 118 -21 -33 -0020 • City of New Hoe front and rear, of the North 243.8 feet of the West 10 • Xcel Energy Possible Easement acres of the Southwest Quarter of the Southwest Qwest Communications Corporation Possible Easement • Quarter of Section 5, Township 118, Range 21, Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Hennepin County, Minnesota, being part of Lot 38, • County of Hennepin Real Estate Taxes Auditor's Subdivision No. 226, Hennepin County, Tenant /Lessee Minnesota, subject to rights acquired over the North 34 feet thereof for public road, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property INTERESTED PARTIES NATURE OF INTEREST • John Bockhaus Fee Owner • Jane Bockhaus Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Co oration Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes Tenant /Lessee 16 EXHIBIT A -10 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 10. 5537 Sumter Avenue North Commencing at a point in the West line of Lot 39, 05- 118 -21 -33 -0022 • Xcel Energy Possible Easement Auditor's Subdivision No. 226, Hennepin County, Possible Easement • Qwest Corporation Possible Easement Minnesota 100 feet South of the Northwest corner Possible Easement F • 7County of Hennepin Real Estate Taxes thereof; thence East parallel with North line of said Lot 39, a distance of 200 feet; thence South parallel with the West line of said Lot 39, a distance of 100 feet; thence West parallel with the North line of said Lot 39, a distance of 200 feet to the West line thereof; thence North along said West line a distance of 100 feet to the point of beginning except the West 10 feet of the North 80 feet of the above described tract. Subject to and together with an easement for public road purposes over the East 30 feet of the West 200 feet of the North 200 feet of said Lot 39 extending from the South line of the tract therein conveyed to the South line of Bass Lake Road as shown in Deed Document No. 257342, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 605552. INTERESTED PARTIES NATURE OF INTEREST • Alphonse J. Deno Fee Owner • Betty Lorraine Dejno Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement F • 7County of Hennepin Real Estate Taxes 17 EXHIBIT A -11 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 11. 5531 Sumter Avenue North That part of Lot Thirty -nine (39), Auditor's Subdivision 05- 118 -21 -33 -0026 • City of New Hoe Number 226, Hennepin County, Minnesota, described • Xcel Energy Possible Easement as follows: Commencing at a point on the West line of Qwest Communications Corporation Possible Easement • said Lot 39, 200 feet South of the Northwest corner Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. thereof, which point is the point of beginning of the • County of Hennepin Real Estate Taxes tract to be described; thence continuing South along said West line 100 feet; thence East and parallel to the North line of said Lot 39, 200 feet; thence North and parallel with West line of said Lot 39, 100 feet; thence West and parallel with the North line of said Lot 39, 200 feet; to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 1008531. INTEREST PA RTIES NATURE OF INTEREST • Mar ueritte C. Hanle Fee Owner • World Savin s Bank, FSB Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 18 JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail lawCa� j ensen- sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A. SONDRALL STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD March 8, 2004 Valerie Leone, City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Writer's Direct Dial No.: (763) 201 -0211 e -mail sas @jensen- sondrall.com Re: Economic Development Authority in and for the City of New Hope, Minnesota v. Michael Charles Tomaszewski, et al. Court File No.: CD -2743 Our File No.: 99.53074 Dear Ms. Leone: Enclosed herewith and personally served upon you is the Economic Development Authority in and for the City of New Hope's Notice of Hearing and Notice of Motion for Appointment of Commissioners and for Transfer to Title and Possession under Minn. Stat. §117.042. As indicated in the Notice, the hearing is scheduled for April 6, 2004 at 1:15 p.m. before Judge Crump in Courtroom C -1959 Hennepin County Government Center. Also enclosed is a copy of the following: 1. Petition (with attachments) 2. Proposed Findings of Fact, Conclusions of Law and Order Appointing Commissioners, and 3. Proposed Findings of Fact, Conclusions of Law and Order Transferring Title and Possession of Property Per Minn. Stat. §117.042. `Real Property Law Specialist Certified By The Minnesota State Bar Association ° Admitted in Iowa Please feel free to contact me if you have any questions or comments about the enclosed documents or the hearing on this matter. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL P.A. Enclosures -I I DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. NOTICE OF HEARING AND NOTICE OF MOTION FOR APPOINTMENT OF COMMISSIONERS AND FOR TRANSFER OF TITLE AND POSSESSION UNDER MINN. STAT. §117.042 1 IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES TO: ALL RESPONDENTS NAMED HEREIN: YOU, AND EACH OF YOU, ARE HEREBY NOTIFIED that on April 6, 2004, at 1:15 o'clock p.m. or as soon thereafter as this matter may be heard, in Courtroom C -1959 at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis, Minnesota, before the Honorable Harry S. Crump, one of the judges of the above -named Court, the Economic Development Authority in and for the City of New Hope, Minnesota (hereafter "Petitioner ") will present its Petition for the condemnation of certain property situated in New Hope, Minnesota, for the purpose of acquiring fee simple absolute title to the real estate described in Exhibit Al through All of the accompanying Petition. Said real property is being acquired for housing redevelopment purposes. Specifically, for the development and construction of 170 units of residential housing in a housing district known as the Winnetka East Area, as described in the Petition, in New Hope, Minnesota. The property is necessary to promote the objectives of the Restated Redevelopment Plan and Tax Increment Financing Plan for Tax Increment Financing District No. 03 -1 (Special Law) and for Redevelopment Project No. 1. The Petition prays for the appointment by the Court of three (3) commissioners to ascertain and report the damages for the real property to be taken and acquired for the purposes aforesaid and the injuries caused by such taking. The real property and the interests therein that are desired and proposed to be taken are described in Exhibit Al through All to the Petition, together with the names of all persons appearing of record or known to the Petitioner to be the owners of said real property or interested herein, including all of whom your Petitioner has been able by investigation and due inquiry to discover, together with the nature of the ownership as nearly as can be ascertained. YOU, AND EACH OF YOU, ARE FURTHER NOTIFIED, that on April 6, 2004, or as soon thereafter as this matter may be heard at the above place, the Petitioner will also move the Court for an Order transferring title and the right to possession of the lands described in Exhibit At through All of the Petition in accordance with Minn. Stat. §117.042, as amended, effective at the earliest quick take date available, but no earlier than May 24, 2004, but before taking title and possession, Petitioner will pay to the owners or deposit with the Court an amount equal to Petitioner's approved appraisal of values for each parcel of property described in Exhibits Al through All. Notwithstanding anything to the contrary contained herein, should tests or evaluations undertaken by or on behalf of the Petitioner indicate the possible presence of pollutants, contaminants or hazardous substances on any of the real property described in Exhibit Al through All of the Petition, Petitioner reserves the right to defer effecting the transfer of title of the real estate interests described in Exhibit Al through All pursuant to Minn. Stat. § 117.042, for a reasonable time until Petitioner can evaluate whether it wishes to proceed with the taking or abandon the proceedings and dismiss the Petition herein. Petitioner further prays for an Order of this Court pursuant to Minn. Stat. § 117.042, authorizing entry by Petitioner and its employees and agents onto the real property described in Exhibit Al through All, upon reasonable notice to the owners and occupants thereof, for the purpose of such appraisals, surveys, tests, soil borings, inspection and other evaluations as Petitioner may elect. Petitioner will serve and file its papers in support of these motions within the time frames provided under the General Rules of Practice and Minn. Stat § 117.055. Dated: March 5, 2004. JENSEN & SONDRALL, P.A. By: Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 ACKNOWLEDGMENT The party upon whose behalf this pleading is submitted, by and through the undersigned, hereby acknowledges that sanctions may be imposed for a violation of Minn. Stat. §549.211. Dated: March 5, 2004. JENSEN & SONDRALL, P.A. By: Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attorney \SAS \1 Client Files \2 City of New Hope\99 -53074 East Winnetka condemnation \Notice of Hearing - commissioners and quicktake.doc I.1 v STATE OF MINNESOTA COUNTY OF HENNEPIN The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, M Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: .Condemnation Court File No. PETITION Respondents. IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES TO THE ABOVE -NAMED COURT: Petitioner respectfully represents and alleges as follows: 1. Petitioner is a municipal corporation duly organized and existing under the laws of the Sate of Minnesota. 2. Petitioner has assumed control of various Redevelopment Plans, Redevelopment Projects and Tax Increment Financing Districts originally created by the New Hope HRA per the authority of Minn. Stat. § 469.094, Subd. 2. 3. Petitioner seeks to acquire fee simple title to eleven (11) separate parcels of property owned by the named Respondents herein and located in the City of New Hope, County of Hennepin, State of Minnesota, legally described with ownership interests indicated on Exhibits A -1 through A -11 hereto attached; said properties are commonly known as follows: Parcel Number Common Address 1. 5434 Winnetka Avenue North 2. 5440 Winnetka Avenue North 3. 5446 Winnetka Avenue North 4. 5512 Winnetka Avenue North 5. 5540 Winnetka Avenue North 6. 7615 Bass Lake Road 7. 7609 Bass Lake Road 8. 7643 Bass Lake Road 9. 7809 Bass Lake Road 10. 5537 Sumter Avenue North 11. 5531 Sumter Avenue North 2 The described properties are necessary to the successful completion and development of the Restated Redevelopment Plan for Redevelopment Project No. 1 and new Tax Increment Financing District No. 03 -1 as more fully described herein. The properties are also necessary for the development and construction of 170 units of residential housing in a housing district known as the Winnetka East Area, to include 120 carriage homes and 50 condominiums to be completed in two phases in 2004 and 2005. This redevelopment is expected to increase the City's tax base by approximately 31.8 million dollars. 4. Petitioner has, pursuant to its December 8, 2003 EDA Resolution No. 03 -14 (attached hereto as Exhibit B) modified its Restated Redevelopment Plan and Tax Increment Financing Plans for Redevelopment Project No. 1 and Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1; creating Tax Increment Financing District No. 03 -1 (Special Law) and Adopting a Tax Increment Financing Plan relating thereto. Further, EDA Resolution No. 03 -14 modified the Restated Redevelopment Plan for Redevelopment Project No. 1 by reflecting increased geographic area, increased project costs and increased bonding authority. EDA Resolution No. 03 -14 also modified in the same manner the existing Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1. Finally, EDA Resolution No. 03 -14 created a new Tax Increment Financing District No. 03 -1 within the Redevelopment Project No. 1 and approved the Tax Increment Financing District Plan relating thereto. 5. The New Hope City Council has, pursuant to Resolution No. 03 -183 (attached hereto as Exhibit C), approved Petitioner's action taken by EDA Resolution No. 03 -14. 3 6. The Commissioners of the Petitioner and the Members of the New Hope City Council, acting as the governing board of Petitioner, have made findings, as set out in their respective resolutions attached, concluding among other things: a. The assistance to be provided by the Restated Redevelopment Plan, the existing Tax Increment Financing Plans and the new Tax Increment Financing Plan, . hereinafter collectively the Plans, are necessary to assure the redevelopment of Redevelopment Project No. 1; b. The Petitioner's and the New Hope City Council's collective actions taken on the Plans conform to the general development and redevelopment plans of the City and are consistent with the City's Comprehensive Plan; C. The Plans afford maximum opportunity for development and redevelopment of Redevelopment Project No. 1 by private enterprise pursuant to redevelopment contracts with private developers; d. Tax Increment Financing District No. 03 -1 constitutes a "tax increment financing district" as defined in Minn. Stat. § 469.174, Subd. 9, and further constitutes a "redevelopment district" as defined by Minn. Stat. § 469.174, Subd. 10; e. The development of Tax Increment Financing District No. 03 -1 would not occur solely through private investment and therefore requires tax increment financing; and f. The above findings, in the opinion of the Petitioner and the New Hope City Council, will promote the City's public purposes and objectives as stated in the Plans supported by the factual determinations as set out in Exhibit A to Resolution No. 03 -183. 4 7. Petitioner has or will enter into a Contract for Private Redevelopment (the "Redevelopment Contract ") with Ryland Homes (hereafter "Redeveloper ") to assist Redeveloper in the development and construction of the 170 residential housing units referred to in paragraph 3 with the City of New Hope. 8. The acquisition of the eleven (11) described properties are necessary to fulfill Petitioner's contractual obligation under the Redevelopment Contract and therefore is for a public purpose and will promote the objectives of the Plan. 9. On January 26, 2004, Petitioner adopted Resolution No. 04 -03 (attached as Exhibit D). Resolution No. 04 -03 authorized the acquisition of the eleven (11) properties described in Exhibits A -1 through A -11 by eminent domain proceedings. 10. The properties to be acquired through this proceeding are located entirely within Redevelopment Project No. 1 and Tax Increment Financing District No. 03 -1. 11. The legal descriptions of the lands to be taken and the names of those appearing of record or known to the Petitioner to be the owners of said lands or interested therein, including all whom Petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each as can be ascertained, are set forth in Exhibits A -1 through A -11 attached hereto and made a part hereof as though fully set out at this point. 12. Petitioner has the legal authority to exercise the power of eminent domain to acquire the eleven (11) properties described in Exhibits A -1 through A -11 attached hereto pursuant to Minn. Stat. §§ 469.012(6), 469.094(2) and 469101.(4). WHEREFORE, Petitioner prays for the Order of this Court as follows: 1. Adjudging that said taking is for a public purpose, is necessary, and as such is authorized by law; 5 2. Appointing three (3) disinterested commissioners, and at least two (2) alternatives, residents of Hennepin County, to ascertain and report the amount of damages that will be sustained by the respective owners of the eleven (11) described properties on account of the taking; fixing the time and place of the first meeting of the three commissioners; prescribing their compensation; and requiring the commissioners to file their report with the Clerk of District Court within one hundred eighty (180) days from the date of this Order appointing the commissioners, unless said time be further extended by Order of the Court; and 3. For such other and further relief as may be proper and pursuant by law. Dated: February I ! , 2004. JENSEN & SONDRALL, P.A. Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 1 ACKNOWLEDGMENT The Economic Development Authority in and for the City of New Hope, Minnesota, by and through its attorneys, acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded to the opposing party pursuant to Subd. 2 of M.S.A. §549.21. Dated: February / � , 2004. JENSEN & SONDRALL, P.A. By Steven A. Sondrall, #1103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attorney \SAS \1 Client Fites\2 City of New Hope\99- 11287 \99.11287 -003- Condemnation Petition.doc W EXHIBIT A -1 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 1. 5434 Winnetka Avenue North The North Seventy (70) feet of the South Four Hundred 05- 118 -21 -33 -0014 • Wells Fargo Bank, N.A. Fifty (450) feet, except road, according to the recorded • City of New Hope Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota, Lot thirty -eight (38), Auditors Subdivision Possible Easement • Qwest Corporation No. Two Hundred Twenty -Six (226). • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Abstract Propert County of Hennepin INTERESTED PARTIES NATURE OF INTEREST • Michael Charels Tomaszewski Fee Owner • Francis T. Tomaszewski Life Estate • Wells Fargo Bank, N.A. Mortgage • City of New Hope Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -2 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 2. 5440 Winnetka Avenue North North 70 feet of South 520 feet of Lot 38, Auditor's 05- 118 -21 -33 -0015 • The Arens Family Trust Subdivision Number 226, according to the recorded • City of New Hoe Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota. Possible Easement • Qwest Corporation Abstract Propert • INTERESTED PARTIES NATURE OF INTEREST • Vernon N. Arens Fee Owner • Martha C. Arens Fee Owner • The Arens Family Trust Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -3 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 3. 5446 Winnetka Avenue North The North 70 feet of the South 590 feet of Lot 38, 05- 118 -21 -33 -0016 • City of New Hoe Auditor's Subdivision No. 226, according to the • Xcel Energy Possible Easement recorded plat thereof, and situate in Hennepin County, Qwest Communications Corporation Possible Easement • Minnesota. Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Abstract Proper • INTERESTED PARTIES NATURE OF INTEREST • Clifford R. Dahlman Fee Owner • Angeline Dahlman Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 10 EXHIBIT A -4 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. 4. 5512 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0006 • Bell America Mortgage LLC - DBA Bell Mortgage of the Southwest Quarter of Section 5, Township 118, • Bremer Bank, National Association Mortgage Range 21, West of the Fifth Meridian lying South of State Farm Fire and Casualty Com an Judgment Creditor • the North 513.80 feet front and rear and North of the Easement • Xcel Energy South 760.02 feet front and rear, being a part of Lot • • • Qwest Communications Corporation Qwest Corporation Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Possible Easement Possible Easement 38, Auditor's Subdivision Number 226, Hennepin County of Hennepin Real Estate Taxes County, Minnesota. Abstract Proper INTERESTED PARTIES NATURE OF INTEREST • Jose A. Mendez Fee Owner • TCF Mortgage Corporation Mortgage • Bell America Mortgage LLC - DBA Bell Mortgage Mortgage • Bremer Bank, National Association Mortgage • State Farm Fire and Casualty Com an Judgment Creditor • City of New Hoe Easement • Xcel Energy Possible Easement • • • Qwest Communications Corporation Qwest Corporation Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Possible Easement Possible Easement • County of Hennepin Real Estate Taxes 11 EXHIBIT A -5 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 5. 5540 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0007 • Xcel Energy Possible Easement of the Southwest Quarter of Section 5, Township 118, Possible Easement • Qwest Corporation Possible Easement North Range 21, West of the 5` Principal Meridian, Possible Easement • County of Hennepin Real Estate Taxes Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of said West 10 acres of the Southwest Quarter of the Southwest Quarter, distant 1100 feet North from the Southwest corner thereof; thence North along said West line, 90 feet; thence East parallel with the South line thereof, 160 feet; thence South parallel with the West line thereof, 90 feet; thence West parallel with the South line thereof, 160 feet to the point of beginning, now being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Pro erty INTERESTED PARTIES NATURE OF INTEREST • Richard S. Sucky Fee Owner • Barbara S. Suc ky Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 12 EXHIBIT A -6 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. Mortgage • City of New Hope Easement 6. 7615 Bass Lake Road The North 202.2 feet of the East 150 feet of the West 800 05- 118 -21 -33 -0028 • Qwest Corporation Possible Easement feet of Lot 39, Auditor's Subdivision No. 226, Hennepin Possible Easement • County of Hennepin Real Estate Taxes Count , Minnesota. INTERESTED PARTIES NATURE OF INTEREST • New Hoe Alano Group, Inc., a Minnesota corporation Fee Owner • Signal Bank National Association Mortgage • City of New Hope Easement • XceI Ener Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 13 EXHIBIT A -7 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. • Amy P. Moo Fee Owner 7. 7609 Bass Lake Road Tracts C and D, Registered Land Survey No. 848, 05- 118 -21 -33 -0089 Mortgage Electronic Registration Systems, Inc., as nominee for . Regents Mortgage, LLC Mortgage Hennepin County, Minnesota. Being registered land as U.S. Bank National Association, N.D. Mortgage • is evidenced by Certificate of Title No. 1042019. Easement INTERESTED PARTIES NATURE OF INTEREST • Casey M. Moo Fee Owner • Amy P. Moo Fee Owner • Marquette Capital Bank, NA Mortgage • Mortgage Electronic Registration Systems, Inc., as nominee for . Regents Mortgage, LLC Mortgage • U.S. Bank National Association, N.D. Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 14 EXHIBIT A -8 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 8. 7643 Bass Lake Road That part of Lot 39, Auditor's Subdivision Number 05- 118 -21 -33 -0023 • Xcel Energy Possible Easement 226, Hennepin County, Minnesota, described as Possible Easement • Qwest Corporation Possible Easement follows: Commencing at a point 410 feet East of the Possible Easement • County of Hennepin Real Estate Taxes Northwest corner thereof; thence East along the North line a distance of 90 feet; thence South parallel with the West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 244093. INTERESTED PARTIES NATURE OF INTEREST • Beatrice Dolan Fee Owner • TCF National Bank • City of New Hoe - Mortgage Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 15 EXHIBIT A -9 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 9. 7809 Bass Lake Road The West 70 feet, front and rear, of the East 140 feet, 05- 118 -21 -33 -0020 • 20/20 Eye Care & Optics front and rear, of the North 243.8 feet of the West 10 • City of New Hoe Easement acres of the Southwest Quarter of the Southwest Xcel Energy Possible Easement • Quarter of Section 5, Township 118, Range 21, Possible Easement • Qwest Corporation Hennepin County, Minnesota, being part of Lot 38, • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement Auditor's Subdivision No. 226, Hennepin County, County of Hennepin Real Estate Taxes Minnesota, subject to rights acquired over the North 34 feet thereof for public road, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Pro ert INTERESTED PARTIES NATURE OF INTEREST • John Bockhaus Fee Owner ® Jane Bockhaus Fee Owner • 20/20 Eye Care & Optics Tenant /Lessee • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 16 EXHIBIT A -10 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 10. 5537 Sumter Avenue North Commencing at a point in the West line of Lot 39, 05- 118 -21 -33 -0022 • Xcel Energy Possible Easement Auditor's Subdivision No. 226, Hennepin County, Possible Easement • Qwest Corporation Possible Easement Minnesota 100 feet South of the Northwest corner Possible Easement • County of Hennepin Real Estate Taxes thereof; thence East parallel with North line of said Lot 39, a distance of 200 feet; thence South parallel with the West line of said Lot 39, a distance of 100 feet; thence West parallel with the North line of said Lot 39, a distance of 200 feet to the West line thereof; thence North along said West line a distance of 100 feet to the point of beginning except the West 10 feet of the North 80 feet of the above described tract. Subject to and together with an easement for public road purposes over the East 30 feet of the West 200 feet of the North 200 feet of said Lot 39 extending from the South line of the tract therein conveyed to the South line of Bass Lake Road as shown in Deed Document No. 257342, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 605552. INTERESTED PARTIES NATURE OF INTEREST • Al house J. Deno Fee Owner • Betty Lorraine Deno Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 17 EXHIBIT A -11 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 11. 5531 Sumter Avenue North That part of Lot Thirty -nine (39), Auditor's Subdivision 05- 118 -21 -33 -0026 • Xcel Energy Possible Easement Number 226, Hennepin County, Minnesota, described Possible Easement • Qwest Corpo Possible Easement as follows: Commencing at a point on the West line of Possible Easement • County of Hennepin Real Estate Taxes said Lot 39, 200 feet South of the Northwest corner thereof, which point is the point of beginning of the tract to be described; thence continuing South along said West line 100 feet; thence East and parallel to the North line of said Lot 39, 200 feet; thence North and parallel with West line of said Lot 39, 100 feet; thence West and parallel with the North line of said Lot 39, 200 feet; to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 1008531. INTERESTED PARTIES NATURE OF INTEREST • Mar ueritte C. Hanle Fee Owner • World Savings Bank, FSB Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corpo Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes 18 RESOLUTION NO. 03 -14 A RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 80 -2, 81 -1 82 -1, 85 -1, 85- 2, 86 -1 AND 02 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (SPECIAL LAW) AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the Board of Commissioners (the "Commissioners ") of the New Hope Economic Development Authority (the "EDA "), as follows: Section 1. Recitals 1.01. It has been proposed that the EDA approve and adopt the proposed modifications to the Restated Redevelopment Plan (the "Plan ") for Redevelopment Project No. 1 (the "Project Area ") clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area, pursuant to and in accordance with Minnesota Statutes Sections 469.001 to 469.047, 469.124 to 469.134 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed that the EDA approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing TIF Plans ") for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1 (the "Existing TIF Districts ") clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area, pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.1799 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed that the EDA approve the creation of proposed Tax Increment Financing District No. 03 -1 (Special Law) (the "Proposed TIF District ") within the Project Area and approve and adopt the proposed Tax Increment Financing Plan (the "Proposed TIF Plan ") relating thereto pursuant to and in accordance with Minnesota Statutes Sections 469.174 to 469.1799 and 469.090 to 469.108, and Laws of Minnesota 2003, Chapter 21, Article 10, Section 10, inclusive, as amended and supplemented from time to time. 1.04. The EDA has caused to be prepared and has investigated the facts with respect thereto a modified Plan for the Project Area and modified Existing TIF Plans for the Existing TIF Districts clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area, and a Proposed TIF Plan for the Proposed TIF District defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1.05. The EDA has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Plan and Existing TIF Plans and the approval and adoption of the Proposed TIF Plan. 1.06. The EDA hereby determines that it is necessary and in the best interests of the City and the EDA at this time to approve and adopt the modifications to the Plan and Existing TIF Plans, to create the Proposed TIF District and to approve and adopt the Proposed TIF Plan relating thereto. Section 2. Findings 2.01. The EDA hereby finds that the assistance to be provided through the adoption and implementation of the modified Plan, modified Existing TIF Plans and Proposed TIF Plan (collectively the "Plans ") is necessary to assure the development and redevelopment of the Project Area. 2.02. The EDA hereby finds that the Plans conform to the general plan for the development and redevelopment of the City as a whole. 2.03. The EDA hereby finds that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. Section 3. Approvals and Adoptions. 3.01. The modifications to the Plan clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 3.02. The modifications to the Existing TIF Plans clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 2 3.03. The creation of the Proposed TIF District within the Project Area and the adoption of the Proposed TIF Plan relating thereto are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. Section 4. EjkM of Plans. 4.01. Upon approval and adoption of the Plans, the EDA shall cause said Plans to be filed with the Minnesota Department of Revenue. Adopted by the Commissioners of the EDA this day of 2003. YES: NO: ABSENT: President ATTEST: Executive Director CERTIFICATION 1, , Executive Director of the New Hope Economic Development Authority, County of Hennepin, State of Minnesota, do hereby certify that the foregoing is a true and correct copy of Resolution No. adopted by the EDA on the day of 2003. Executive Director G:\WPDATAW\NEW HOPE\09\TIF\EDA PLESOLUTIONDOC - - I TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 03-1 (SPECIAL LAW) (RYLAND PROJECT) Section 3.1 Statement of Objectives See Article I, Section 1.4, Statement of Objectives. Section 3.2 Restated Redevelopment Plan. See Article I, Sections 1.1 through 1.11. Section 3.3 Parcels to be Included The boundaries of Tax Increment Financing District No. 03 -1 (Special Law) (the "TIF District ") are described in Exhibit III -A and illustrated on Exhibit III -B. e ermine to be necessary or desirable to assist or implement development or redevelopment within the Project Area or the TIF District as further described in Article 1, Section 1.11. Section 3.4 Parcels in Acquisition The EDA Authority may write down or acquire and reconvey real property, or interests therein, within this TIF District or elsewhere within the Project Area at the time or times as the EDA Authority may 14 Section 3.5 Development Activity for which Contracts have been Signed As of the date of adoption of the TIF Plan, the EDA Authority contemplates entering into a signed contract with The Ryland Group, Inc., a Minnesota corporation, for the activities discussed below. Section 3.6 Specific Development Expected to Occur At this time it is anticipated that the construction of approximately 184 units of housing will be completed in two phases. Phase I, to be constructed in 2004, is proposed to include 43 carriage homes and 19 condominiums and Phase II, to be constructed in 2005, is proposed to include 85 carriage homes and 37 condominiums. Upon completion of both phases of construction, it is expected that the City's tax base will increase by approximately $31.8 million. Section 3.7 Prior Planned Improvements The EDA Authority shall, after due and diligent search, accompany its request to the County Auditor for the certification of or its notice of enlargement of the TIF District with a listing of all properties within the TIF District for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the EDA Authority. 3 -1 The County Auditor shall increase the original tax capacity of the TIF District by the tax capacity of each improvement for which a building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the EDA Authority's approval of the TIF Plan. Section 3.8 Fiscal Disparities The City hereby elects the method of tax increment computation set forth in Minnesota Statutes Section 469.177, Subdivision 3, clause (a) if and when commercial /industrial development occurs within the TIF District. Section 3.9 Estimated Project Costs The estimated costs associated with this portion of Redevelopment Project No. 1 (the "Project Area ") are listed on Exhibit 1 -A. Section 3.10 Estimated Amount of Indebtedness It is anticipated that approximately $10,750,000 of indebtedness may be incurred with respect to this portion of the Project Area. Section 3.11 Sources of Revenue The anticipated revenue sources to finance the costs associated with the Project Area are outlined in Article 1, Section 1.5 Section 3.12 Estimated Original and Captured Tax Capacity The tax capacity of all taxable property in the TIF District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 2003, is estimated to be $38,749. The estimated captured tax capacity of the TIF District upon completion of the proposed improvements on January 2, 2006, is estimated to be $318,051. The EDA Authority intends to utilize 100% of the captured tax capacity, for the duration of the TIF District, for purposes of determining tax increment revenues. Section 3.13 Tax Capacity Rate The pay 2003 tax capacity rate is 1.37362: Section 3.14 Tax Increment Annual initial tax increment has been calculated at approximately $436,881 assuming a static tax capacity rate and a valuation increase of five zero percent (5.0 %) compounded annually. A financial analysis is provided on Exhibit 111 -C. Revenue has also been projected for the duration of the TIF District and is shown on Exhibit I -A. 3 -2 Section 3.15 Type of TIF District The TIF District is, pursuant to Minnesota Statutes Section 469.174, Subdivision 10, a redevelopment district. Section 3.16 Duration of TIF District The duration of the TIF District is expected to twenty -five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is estimated to be July, 2006. Thus, it is estimated that the TIF District, including any modifications for subsequent phases or other changes, would terminate in the year 2031. Section 3.17 Estimated Impact on Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the TIF District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0, due to the fact that the financing would not have occurred without the assistance of the EDA Authority, Exhibit III -E reflects the estimated impact of the TIF District if the "but for" test were not met. Section 3.18 Modification of the TIF District and /or TIF Plan. As of December 8, 2003, no modifications to the TIF District or the TIF Plan have been made. G: \WPDATAW\NEW HOPE\04 URT[F PLAN.DOc 3 -3 EXHIBIT III -A PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (SPECIAL LAW) PIN 05- 118 -21 -33 -0002 PIN 05- 118 -21 -33 -0003 PIN 05- 118 -21 -33 -0004 PIN 05- 118 -21 -33 -0005 PIN 05- 118 -21 -33 -0006 PIN 05- 118 -21 -33 -0007 PIN 05- 118 -21 -33 -0008 PIN 05- 118 -21 -33 -0009 PIN 05- 118 -21 -33 -0010 PIN 05- 118 -21 -33 -0011 PIN 05- 118 -21 -33 -0012 PIN 05- 118 -21 -33 -0013 PIN 05- 118 -21 -33 -0014 PIN 05- 118 -21 -33 -0015 PIN 05- 118 -21 -33 -0016 PIN 05- 118 -21 -33 -0017 PIN 05- 118 -21 -33 -0018 PIN 05- 118 -21 -33 -0019 PIN 05- 118 -21 -33 -0020 PIN 05- 118 -21 -33 -0021 PIN 05- 118 -21 -33 -0022 PIN 05- 118 -21 -33 -0023 PIN 05- 118 -21 -33 -0024 PIN 05- 118 -21 -33 -0025 PIN 05- 118 -21 -33 -0026 PIN 05- 118 -21 -33 -0027 PIN 05- 118 -21 -33 -0028 PIN 05- 118 -21 -33 -0029 PIN 05- 118 -21 -33 -0081 PIN 05- 118 -21 -33 -0082 PIN 05- 118 -21 -33 -0083 PIN 05- 118 -21 -33 -0085 PIN 05- 118 -21 -33 -0087 PIN 05- 118 -21 -33 -0088 PIN 05- 118 -21 -33 -0089 PIN 05- 118 -21 -33 -0091 PIN 08- 118 -21 -22 -0001 including adjacent streets and rights -of -way G: \WPDATA \N \NEW HOPE \09 \TIF \TIF PLAN EXHIBIT.DOC mm EXHIBIT III -B BOUNDARY MAP f. + 7610 ; 7901 y f ! ` 7500-- .. 1 56 AVE N i ± ?j' i P► 5ss0 .- _ , c_. — ... a•_.•. -w�f ; � : p �__.,...........,.; ; -- •r,_..1.�� � i�� � = 7615 °h° 5537 5540 ` 7301 ♦ !„ ..__...__.may �_ wr4_.._.•r. .��w•_M� t 5532 5531 5530 t `• ._ 7621 n t 7601 5524 5519 $520 7940 5518 5509 i SS1O At 4. w i 5512 ......._.... i 7705 7608; _ 55TH! AVE N 1 5443 . 5444 • 5437 $436 5437 5+135 ,� ... 54 .36 5437 _ ,_ _...... ;... , .. �_., _ ♦♦. <.... ...r.a.._ i ...........�- ._...: — 5437 ?� : 5438 ;5433 i 3434 ,`6433 �, 5432 3 s 5430: $431 _ :. _ -`:: __..._.�._� V._._....-- .w.....� .,......_...,;_ 5440 5429 !} ? $428 ; 5429 1 w? 5430 5429 < 5430 .� 5426 ; 5427 5434 Y5427 • • �..._ ._..:N ......_...1 5426 ; ' S427 µ l 788 5425 1 5426 5420: $421 .. �.,...... _..� _.... .5422 5423 RAPHAEL aR.��ri�_.�.�. :. • 841 S y- 541 _ ._w_...♦ ..w ».w..v, a..a♦•.Y.. w..•�.. _..r� _._.. _.•._..• - ._....:...� i ..•.�...•_..- ..w.�- ... -.._4 5420 1 t 'µ 5420 ' 5425, 5420. 5419 t 3418 1 5381 / • ♦ _ 5410 . 5411 «.• .�+ 5412 j 5410 5413 W 5414 ; 54131 i 5416 5413 W ` 5414 544fi CtA j s ♦u- r......�..�w•...- �.r +: !nom. ' .w�w�...�� y »_wr.y.n.�w.+s.v.w.. �r,,.t.w+_.w._.•� 6K�7�v 7 5406 ..,....... __ %.. a.. 5409 5406 ; 54M 5408 1 ' 54M 5410 =5349 $400 / 6401 � C���/��yy .. M_ •_ P.. � "�+- a►a �.� . .._..._ 5401 Vr V,,... 544 3401: i 54W X43 ..:...— .,_.�.,_....� r 5340 332' 3330 =7 1 ? 5311$ ; 5329 _ 5319y '$324 5331 5342 '3325 ; W; ; ..,......_� 5330 .. ! "`"`"'.-ti x - ��.........�. ......s ltd ...,...._•...,.a........_.. ,.,_,.,,__,... �.. o� _' 5313 . W:, •.,.......,.. r = i ?�- -,-,. :►318: 5325 ti Q 53M 5321 54 5324 1 5325 •.�..,,,, r` / , 51307 ; ? 53 5319 (' 5330 5317 ; 53 i9 .— `•a..a y �r A t `s 1...'."«._.« J _e�...«._..� i w•� �..a..rrn•_.r: ; 7825 « 5313 ; 5312 �i 53Gb ' S3 t 3 - ; 5324 ; .5313 1 i ' e 7800 r ' 5218 .1 T&. 530? ? 5318 5309 1 t $306 IM7 1 �. r a•• :ti 2..w'�`.,.n wryer a...a t :arsrrr4i t4.l 9 . } i • w s _ • !! ll I_ . � t ... ! `• _ ! 5312 r 53J1 . III• -B-1 EXHIBIT 111-C CASH FLOW ANALYSIS CITY OF NEW HOPE East Winnetka - Ryland ASSUMPTIONS Original Market Values Area of Parcel (Acres) (Sq. Feet) 1!2/2002 Market Value ay 2003) Land Building Total Total Pro ernes 15.86 690,895 $ 1,649,929 $ 2,225,000 $ 3,874,929 Totals 15.86 690,895 $ 1,649,929 $ 2,225,000 $ 3,874,929 $ 2.39 per sq. ft. Original Tax Capacity °k of new ETC Class Rate ' 38,749 Commercial/Reta/l 0.0% 0 @ 2,00% = 0 Rental - Moderate 0.0% 0 @ 1.25% = 0 Rental 0.0% 0 @ 1.25% = 0 —! Owner Occupied 100.0% 3,874,929 @ 1.00% = 38,749 100.0% 3,874,929 ' Final rates for Pay 2004 Phase 1 YEAR Estimated Market Value 61 units 11,893,333 Estimated Tax Capacity 2005 0 sq. ft. 118,933 -- Estimated Taxes 2006 163,369 i Estimated Tax Increment 110,142 67.4% of total taxes r_ Phase 2 (combined) Estimated Market Value 184 units 35,680,000 Estimated Tax Capacity 2006 0 sq. ft. 356,800 t Estimated Taxes 2007 490,108 i Estimated Tax Increment 436,881 89.1 °k of total taxes Phase 3 (combined) Estimated Market Value 184 units 35,680,000 9.2 times incr. in MV Estimated Tax Capacity 2007 0 sq. ft 356,800 Estimated Taxes 2008 490,108 Estimated Tax Increment Coverage 11.6 436,881 units per acre 89.1 °k of total taxes Local Tax Rate - Pay 2003 State Tax Rate - . Pay 2003 Combined Tax Rate - C/1 Property Only 1.37362 0.54447 1.91809 (C /I only) 1.4% Eff Tax Rate " used for tax increment calculations Admin Fees 90,00% r Inflation after 2 ( yrs of full value in each tract) 0 5.00 /° Present Value Rate 6/1/2003 5.00 0 6 --i i Prepared by Krass Monroe, P.A. III —C -1 East Winnetka Ryland 03e.x1s EXHIBIT ill-C CASH FLOW ANALYSIS air Prepared by Krass Monroe, PA III -G -2 East Winnetka Ryland 03e.xis Total Estimated Market Value 11,893,333 lex 0 ft. @ = p 0 / warehouse 0 sq. ft. @ /sq. = &/sq p 0 sq. ft. @ p KRetail - service 0 sq. ft. @ p rant / entertainment 0 sq, ft @ 90 /sq ft = p 0 90 /sq. ft. = 0 ate Income 0.0% 0 units @ 80000 /unit = p 0 i t Rate 0.0% 0 units @ 90,000 /unit = p Owner Occupied A .Carriage Homes- BLR 33.3% 43 units @ 200,000 /unit = 8,533,333 11,893,333 B Twin Homes 33.3% 0 units @ 225,000 /unit = p I C Condos - Winnetka 33.3% 19 units @ 180,000 /unit = 3,360,000 ' D Single Family Homes 33.3% 0 units @ 400,000 /unit = p 61 units i 0 sq. ft. Total Estimated Tax Capactty t Commerclat/Retall 118,933 ° Tech Flex EEF 2.00% p 0 Office / warehouse 2.00 ° /° p Office I — 2.00% 0 Retail - service 2.00% 0 Restaurant / entertainment 2.00% Other 2.00% p p Rental Moderate Income 1.25% 0 Market Rate 1.25 °,6 0 p if } Owner Occupied �'•J A Carriage Homes -BLR z <= 500,000 ° 1.00 k B Twin Homes > 500,000 1.25 °k : 1=1 <= 500,000 1.00% C Condos- Winnetka > 500,000 1.25% 33,600 <= 500,000 1.00% 33,600 D Single Family Homes > 500,000 1.25 ° l0 0 i 0 <= 500,000 1.00°/° 0 � > 500,000 125% p Tot it Estimated Taxes Commerdlal / Retail 163,369 Tech Flex Office !warehouse 0 sq. ft @ 0.00 Is q. ft. = p 0 Office 0 sq. ft. @ 0.00 /sq. ft. = p eta - service 0 0 sq. ft @ 0.00 p i Restaurant /entertainment 0 sq, ft. @ 0. 0.00 0 Oth er Rental nsq. p p Moderate Income 0 units @ 0 0 Market Rate 0 units @ 0 /unit = 0 p Owner Occupied A Carriage Homes-BLR 43 units @ 2,747 !unit = 117,216 163 B Twin Homes 0 units @ 0 /unit = p i C Condos- Winnetka D Single Family Homes 19 units @ 2,473 /unit = 46,154 0 units @ 0 /unit = p Construction 2004 100.00% Full Valuation 2005 " Taxes Pa bie 2006 ! Prepared by Krass Monroe, PA III -G -2 East Winnetka Ryland 03e.xis Retail =1ex t warehouse - service jrant / entert ate Income I Rate EXHIBIT 111-0 CASH FLOW ANALYSIS CITY OF NEW HOPE East Winnetka - Ryland ASSUMPTIONS PHASES 1 &2 _ 0 sq. ft. @ -- 0 sq, ft. @ 0 sq. ft. @ 0 sq. ft. @ 0 sq. ft. @ 0 sq. ft. @ 0.0% 0 units @ F 0.0% 0 units a 5 70 /sq. ft. = 70 /sq. ft. = 90 /sq. ft.= 90 /sq. ft. 90 /sq. ft. _ 90 /sq. ft = QO 00 /unit = 0 0 0 0 0 0 0 0 0 0 Occupied 0 0 A Carriage Homes -BLR 100.0% 128 units @ 200,000 /unit = 25,600,000 JV,OOV,VVV 0 /unit = 256,000 B Twin Homes 100.0% 0 units @ 225,000 /unit = 0 0 Occupied > 500,000 C Condos- Winnetka 100.0% 56 units @ 180,000 /unit = 10,080,000 units @ 2,747 /unit = 351,647 D Single Family Homes 100.0% 0 units @ 400,000 /unit = 0 0 i 500,000 56 1.25% 0 /unit= Condos Winnetka 184 units 0 units @ 100,800 /unit = n <= 500,000 1.00% 100,800 0 sq. ft. > 500,000 1.25% 0 Total Estimated Tax Capacity Single Family Homes 0 Cornnmrolal /Retail 500,000 1.00% 0 356 800 500,000 Tech Flex 1.25% p 2.00% 0 0 Office / warehouse 2.00% 0 Office 2.00% 0 Retail - service 2.00% 0 Restaurant / entertainment 2.00% 0 Other 2.00% 0 Rental Moderate Income ° 0 0 AAarirwr R��A Occupied 0 0 sq, ft. @ sq. ft. @ 0.00 0.00 � ° 0 0 0 u Carriage Homes -BLR 0 units @ 0 /unit = 256,000 0 Market Rate <= 500,000 units @ 1.00% 256,000 0 -WROMMMEM Occupied > 500,000 1.25% 0 Twin Homes- Carriage Homes -BLR 128 units @ 2,747 /unit = 351,647 490,108 <= 500,000 0 1.00% 0 !unit = 0 > 500,000 56 1.25% 0 /unit= Condos Winnetka Single Family Homes 0 units @ 100,800 /unit = n <= 500,000 1.00% 100,800 > 500,000 1.25% 0 Single Family Homes 0 <= 500,000 1.00% 0 > 500,000 1.25% p rated Taxes orcial / Retail Tech Flex NONE OEM 0 0 sq, ft. @ sq. ft. @ 0.00 0.00 !sq ft = /sq. ft. = 0 0 0 Moderate Income 0 units @ 0 /unit = 0 0 Market Rate 0 units @ 0 /unit = 0 -WROMMMEM Occupied Carriage Homes -BLR 128 units @ 2,747 Restaurant / entertainment Other 0 0 sq, ft. @ sq. ft. @ 0.00 0.00 !sq ft = /sq. ft. = 0 0 0 Moderate Income 0 units @ 0 /unit = 0 0 Market Rate 0 units @ 0 /unit = 0 Occupied Carriage Homes -BLR 128 units @ 2,747 /unit = 351,647 490,108 Twin Homes 0 units @ 0 !unit = 0 Condos- Winnetka 56 units@ 2,473 /unit= 138,461 Single Family Homes 0 units @ 0 /unit = n —3 Prepared by Krass Monroe, P.A. III --C -3 East Winnetka Ryland 03e.xis EXHIBIT III-C CASH FLOW ANALYSIS \ (a) Date < ANNUAL (b) (c) Original Estimated Tax Tax Capacity Capacity (see assumptions) 5.0% Inflation > (d) Captured Tax Capacity (c) - (b) (prev. year) < Estimated Tax Increment (d) x 1.37362 Less: Admin Fees (e) x 10.00% - SEMI - ANNUAL (9) (h) Available Cumulative Tax Avail, Tax Increment Increment (e) - {f) Total of (g) > 0) (!) <---- Present Value -> Semi Annual Cumulative Balance Balance P.V. of (g) Total of (i) 5.00% 06/01/03 06/01103 38,749 38,749 0 0 0 0 0 0 12101/03 38,749 38,749 0 0 0 0 0 0 06101/04 38,749 38,749 0 0 0 0 0 0 0 12/01/04 38,749 38,749 0 0 0 0 0 0 0 06/01/05 38,749 118,933 0 0 0 0 0 0 0 12/01/05 38,749 118,933 0 0 0 0 0 0 0 1 06/01/06 38,749 356,800 80,184 55,071 5,507 49,564 49,564 42,739 42,739 !, 12101106 38,749 356,800 80,184 55,071 5,507 49,564 99,128 41,697 84,435 2 06/01/07 38,749 356,800 318,051 218,440 21,844 196,596 295,725 161,356 245,791 3 12/01/07 38,749 356,800 318,051 218,440 21,844 196,596 492,321 157,420 403,212 06/01/08 38,749 356,800 318,051 218,440 21,844 196,596 688,917 153,581 556,792 12101/08 38,749 356,800 318,051 218,440 21,844 196,596 885,514 149,835 706,627 4 06/01/09 12/01/09 38,749 38,749 374,640 374,640 318,051 318,051 218,440 218,440 21,844 21,844 196,596 196,596 1,082,110 146,180 852,808 5 06/01/10 38,749 393,372 335,891 230,693 23,069 207,624 1,278,706 1,486,330 142,615 146,941 995,423 1,142,364 6 12/01/10 06/01(11 38,749 38,749 393,372 413,041 335,891 354,623 230,693 243,558 23,069 24,356 207,624 1,693,954 143,357 1,285,721 12/01/11 38,749 413,041 354,623 243,558 24,356 219,203 219,203 1,913,157 2,132,359 147,660 144,059 1,433,381 7 06/01/12 38,749 433,693 374,291 257,067 25,707 231,360 2,363,719 148,340 1,577,440 1,725,780 8 12/01/12 06/01/13 38,749 38,749 433,693 455,377 374,291 394,943 257,067 271,251 25,707 231,360 2,595,080 144,722 1,870,503 12/01/13 38,749 455,377 394,943 271,251 27,125 27,125 244,126 244,126 2,839,206 3,083,332 148,983 145,349 2,019,485 9 06/0114 38,749 478,146 416,628 286,144 28,614 257,530 3,340,861 149,590 2,164,835 2,314,425 ,. O 12/01/14 06/01115 38,749 38,749 478,146 502,053 416,628 439,397 286,144 28,614 257,530 3,598,391 145,941 2,460,366 12/01/15 38,749 502,053 439,397 301,782 301,782 30,178 30,178 271,604 271,604 3,869,995 4,141,599 150,163 146,501 2,610,529 11 06/01/16 12/01/16 38,749 527,156 463,304 318,202 31,820 286,382 4,427,981 150,704 2,757,030 2,907,734 12 06/01/17 38,749 38,749 527,156 553,514 463,304 488,407 318,202 335,443 31,820 33,544 286,382 4,714,363 147,028 3,054,762 12/01/17 38,749 553,514 488,407 335,443 33,544 301,898 301,898 5,016,261 5,318,159 151,214 147,526 3,205,976 3,353,502 13 06/01118 12/01/18 .38,749 38,749 581,190 581,190 514,765 514,765 353,545 35,355 318,191 5,636,350 151,695 3,505,198 14 06/01/19 138,749 610,249 542,440 353,545 372,553 35,355 37,255 318,191 335,298 5,954,541 6,289,839 147,995 3,653,193 15 12/01/19 06/01/20 38,749 38,749 610,249 640,762 542,440 571,500 372,553 37,255 335,298 6,625,137 152,148 148,437 3,805,341 3,953,779 12/01/20 38,749 640,762 571,500 392,512 392,512 39,251 39,251 353,261 353,261 6,978,398 7,331,659 152,575 4,106,354 16 06/01/21 38,749 672,800 602,012 413,468 41,347 372,121 7,703,780 148,854 152,977 4,255,208 4,408,184 17 12/01/21 06/01122 38,749 38,749 672,800 706,440 602,012 634,050 413,468 41,347 372,121 8,075,901 149,246 4,557,430 12101/22 38,749 706,440 634,050 435,472 435,472 43,547 43,547 391,925 391,925 8,467,826 8,859,751 153,354 4,710,784 18 06/01/23 12101/23 38,749 38,749 741,762 741,762 667,690 458,576 45,858 412,719 9,272,470 149,614 153,709 4,860,398 5,014,107 19 06/01/24 38,749 778,850 667,690 703,012 458,576 482,836 45,858 48,284 412,719 434,552 9,685,188 149,960 5,164,067 12/01124 38,749 778,850 703,012 482,836 48,284 434,552 10,119,741 10,554,293 154,042 150,285 .5,318,110 20 06/01125 12/01/25 38,749 38,749 817,792 817,792 740,100 508,308 50,831 457,477 11,011,770 154,355 5,468,395 5,622,749 21 06/01/26 38,749 858,682 740,100 779,043 508,308 535,054 50831 53,505 457,477 481,549 11,469,248 150,590 5,773,339 12/01/26 38,749 858,682 779,043 535,054 53,505 481,549 11,950,797 12,432,346 154,647 150,876 5,927,987 22 06/01/27 12/01/27 38,749 38,749 901,616 901,616 819,932 819,932 563,138 .56,314 506,824 12,939,170 154,921 6,078,862 6,233,784 23 06/01/28 38,749 946,697 862,867 563,138 592,625 56,314 59,263 506,824 533,363 13,445,994 151,143 6,384,927 12/01/28 38,749 946,697 862,867 592,625 59,263 533,363 13,979,357 14,512,720 155,178 151,393 6,540,104 24 06/01/29 12/01/29 38,749 38,749 994,031 994,031 907,947 907,947 623,587 62,359 561,229 15,073;948 155,417 6,691,497 6,846,914 s 06/01/30 38,749 1,043,733 955,282 623,587 656,097 62,359 65,610 561,229 590,488 15,635,177 151,626 6,998,541 26 12101/30 06/01/31 38,749 1,043,733 955,282 656,097 65,610 590,488 16,225,664 16,816,152 155,640 151,844 7,154,181 7,306,025 12/01/31 38,749 38,749 1,095,920 1,095,920 1,004,984 1,004,984 690,233 690,233 69,023 69,023 621,210 17,437,362 155,848 7,461,873 621,210 18,058,571 152,047 7,613,920 20 065,079 2,006,508 18,058,571 18,058,571 7,613,920 7,613,920 Prepared by Krass Monroe, P.A. III -C -4 East Winnetka Ryland 03e.xts EXHIBIT I11 -D "BUT FOR " ANALYSIS The City of New Hope and the EDA Authority have been studying redevelopment opportunities in the Bass Lake RoadAlVinnetka Avenue area for many years and the parcels identified for inclusion in the tax increment financing district are identified in the City's Comprehensive Plan for redevelopment. This entire area is a well- documented redevelopment area and the City has received a Livable Communities Grant from the Metropolitan Council to study four different sites or areas within the overall Bass Lake Road/Winnetka study area. One of the areas that has been studied extensively is the area referred to as the Winnetka Avenue East area which is the area being included in the tax increment financing district. For a number of years, the City /EDA Authority have acquired approximately one - half of the 34 parcels needed for the housing project being contemplated. The cost of acquiring the parcels, demolishing the structures, soil correction, mass grading of the site and utility relocation are approximately $8.0 to $8.5 million. The Ryland Group, Inc. (the "Redeveloper ") responded to a City /EDA Authority's request for proposals for the Winnetka Avenue East area. The Redeveloper contemplates constructing between 165 and 185 housing units with market values ranging between $180,000 to $225,000 per unit depending on the type of unit. However, the market value of the land to the Redeveloper ranges from $12,500 per unit to $19,500 per unit or $2.2 million to $3.4 million, assuming 175 units. The higher price per unit assumes a completely finished lot suitable for building. The lower price per unit assumes that the Redeveloper installs all of the public improvements including streets, boulevards, sidewalks, fencing, lighting, berms and all utilities. The EDA Authority has opted to have the Redeveloper provide all site improvements and accordingly has agreed to sell the property at $12,500 per unit. Since the costs of acquiring a site and making it available for redevelopment are approximately $8.0 million and the value of the site to the Redeveloper who needs to develop the site into finished lots is approximately $2.2 million, there is a gap of approximately $5.5 million. The City hopes to fill part of this gap with grants from the Metropolitan Council. The balance of the gap requires the use of tax increment financing. But for the use of tax increment financing, this redevelopment project could not proceed. GAWPDATAMEW HOPEMNTIRTIF PLAN EXHIBIT.DOC Illi�i�� EXHIBIT 111 - E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (Special Law) IMPACT ON TAX BASE IMPACT ON TAX RATE TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of New Hope 0.49819 ORIGINAL ESTIMATED CAPTURED DISTRICT 36.84% TAX TAX TAX TAX AS % ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL 100.00% 436,881 City of New Hope 13,477,113 38,749 356,800 318,051 2.360% County of Hennepin 975,218,292 38,749 356,800 318,051 0.033% ISD # 281 68,916,707 38,749 356,800 318,051 0.462% IMPACT ON TAX RATE TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of New Hope 0.49819 36.27% 158,450 1.204% County of Hennepin 0.50607 36.84% 160,956 0.017% ISD # 281 0.29179 21.24% 92,804 0.135% Other 0.07757 5.65% 24,671 1.37362 100.00% 436,881 * Assumes construction would have occurred without the creation of a Tax Increment Financing District. If construction is a result of Tax Increment Financing, the impact is $0. III -E -1 I TIF No. 03-1 (SlIpt-Jal Law) Cumulative Modified Budget Source of Funds Tax Increment Revenue Investment Earnings Bond Proceeds Loan Proceeds Special Assessments Sales/Lease Proceeds Loan/Advance Repayments Grants Other Transfers In Total Source of Funds Use of Funds Land/building acquisition Site Improvements /preparation costs Installation of public utilities Public Parking facilities Streets and sidewalks Public park facilities Social, recreational or conference facilities Interest reduction payments Bond principal payments Bond interest payments Loan principal payments Loan/note interest payments Administrative costs Other Transfers out Total Use of Funds $ 21,000,000 2,100,000 10,750,000 2,500,000 1,150,000 $ 37,500,000 $ 8,000,000 600,000 10,750,000 6,450,000 6,450,000 2,100,000 3,150,000 $ 37,500,000 0 TIF budget - 03-1.xIs 1 - A - 1 10/6/2003 Originating Department Community Development ; Approved for Agenda Agenda Section 12 -8 -03 BY: Kirk McDonald, Director of gy.� EDA Community Development ,/ -�J Item No. / A RESOLUTION MODIFYING THE 4 FINANCING PLANS FOR REDE HE RE TAT PROJECT DISTRICTS NOS. 80 -2, 81_1, DE 85 - 85_ REDEVELOPMENT PLAN NO. 1 AND TAX INCREMENT I NCREMENT DISTRICT NO. 03 -1 (SPECIAL LAW) AND ADOPTING A T -1, THERETO. (IMPROVEMENT PROJECT NO. 724) CREATING TAX INCREMENT FINANCING AX INCREMENT FINANCING PLAN RELATING REQUESTED ACTION Staff and consultants are recommending that the New Hope attached Resolution Modifying the Restated Redevelopment P Redevelopment Project Modifying 1 and Tax Increment Redevelopment Economic Development t Financing ap prove and 02 - g Ian and Tax Increment Financ ngP - ans for F Districts Nos. 80-2, 81-1, 82-1, 85 -1, 85-2, 8e- Creating Tax Increment Financing District No. 03 -1 Financing Plan Relating Thereto. The resolution was Pre par financial consultant, and Jim eto. T iy will l in was (Special Law) and Adopting a Tax Increment matter. This is the step that will create the East Wi att e p ed by Kreti Monroe, the city's redevelopment approve this resolution making rec the ati at the meeting to answer any questions on this a Tax Increment Financing District. The EDA needs to As the EDA is aware, a final development ons to the City Council prior to the City Council is anticipated that those documents will be presented at the January 12, 2004, City pment agreement and plan have not yet been presented fora rov meetings. public hearing. pp al and it y Council and EDA POLICY /PAST PRACTICE The EDA and City Council have created tax increment financing Projects. cing districts in the past to facilitate redevelopment development Extensive background information is provided on this matter it is not the intention to duplicate all of that information in this the EDA approve the resolution and then conduct the under the City Council public hearing request and his request for action. Staff is recommending that The resolution states in public hearing at the City Council level. • It has been part, that: Redevelopment Plan d the Redev elopment approve and adopt the Proposed modifications to the Restated reflecting increased project casts and increased bondin cla p pment Project di 1 clarifying the available sources of reven 9 auth ority within the project area. ue and MOTION BY TO: SECOND BY I:RFA\PLANNING\Livable CommunitiesiQ —public I'll iiiiiii'lli Will KRASS MONROE, P.A. ATTORNEYS AT LAW Mary E. Molzahn Email ntai -vniPc i Voice Mail (952) 885 -4382 MEMORANDUM To: City of New Hope Attn: Kirk McDonald, Community Development Director From: Mary E. Molzahn, Sr. Development Analyst Date: December 2, 2003 Re: Ryland TIF District Our File No. 10048 -9 Enclosed please find resolutions for consideration by the EDA and Council respectively at their December 8th meetings and a copy of the TIF Plan for proposed TIF District No. 03 -1 (Special Law). After the EDA and Council have taken action on these resolutions, .we will need three certified copies of each executed resolution. If there is anything further you need before the December 8th meetings, please give a call. GAWPDATAWWEW HOPE\09\COR \MCDONALD MEM 1.DOC 8000 NORMAN CENTER DRIVE • SUITE 1000 • BLOOMINGTON, MINNESOTA 55437 TELEPHONE 9521885 -5999 • FACSIMILE 952/885.5969 wwwAkrawwnroe.00m EXHIBIT Council Member introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF NEW HOPE COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 03 -183 A RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 AND 02 -1; CREATING TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (SPECIAL LAW) AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council ") of the City of New Hope, Minnesota (the "City "), as follows: Section 1. Becitats. } 1.01. It has been proposed and approved by the New Hope Economic Development Authority (the "EDA ") that the Council approve and adopt the proposed modifications to the Restated Redevelopment Plan (the "Plan ") for Redevelopment Project No. 1 (the "Project Area ") clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area, pursuant to and in accordance with Minnesota Sl Sections 469.001 to 469.047, 469.124 to 469.134 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed and approved by the EDA that the Council approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing TIF Plans ").for Tax Increment Financing Districts Nos. 80 -2, 81 -1, 82- 1, 85 -1, 85 -2, 86 -1 and 02 -1 (the "Existing TIF Districts ") clarifying the available sources of revenue reflecting increased project costs and increased bonding authority within the Project Area pursuant to and in accordance with klinaesDla Statute-R, Sections 469.174 to 469.1799 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed and approved by the EDA that the Council t approve the creation of proposed Tax Increment Financing District No. 03 -1 (Special Legislation) (the "Proposed TIF District ") within the Project Area and approve and adopt the proposed Tax Increment Financing Plan (the "Proposed TIF Plan ") relating thereto pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, and 469.090 to 469.108, and Laws of Minnesota 2003, Chapter 21, Article 10, Section 10, inclusive, as amended and supplemented from time to time. 1.04. The EDA has caused to be prepared and this Council has investigated the facts with respect thereto a modified Plan for the Project Area and modified Existing TIF Plans for the Existing TIF Districts clarifying available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area, and a Proposed TIF Plan for the Proposed TIF District defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1.05. The EDA and the Council have performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Plan and Existing TIF Plans and the approval and adoption of the Proposed TIF Plan. 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the EDA at this time to approve and adopt the modifications to the Plan and Existing TIF Plans, to create the Proposed TIF District and to approve and adopt the Proposed TIF Plan relating thereto. Section 2. Finding 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the modified Plan, modified Existing TIF Plans and Proposed TIF Plan (collectively the "Plans ") are necessary to assure the development and redevelopment of the Project Area. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. E 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Plans is intended and in the judgment of this Council its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. 2.05. The Council hereby finds, determines and declares that the Proposed TIF District constitutes a "tax increment financing district" as defined in Minnesota .Statutes, Section 469.174, Subdivision 9, and further constitutes a "redevelopment district" as defined in Minnesota St_ nti tas, Section 469.174, Subdivision 10 and Laws of Minnesota 2003, Chapter 21, Article 10, Section 10. 2.06. The Council hereby finds, determines and declares that the proposed development or redevelopment in the Proposed TIF District, in the opinion of this Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2.07. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit A of this Resolution. • • . . . f t ... 3.01. The modifications to the Plan clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 3.02. The modifications to the Existing TIF Plans clarifying the available sources of revenue and reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 3.03. The creation of the Proposed TIF District within the Project Area and the adoption of the Proposed TIF Plan relating thereto are hereby approved by the Council of the City. Section 4. Eying of Elam 4.01. Upon approval and adoption of the Plans, the City shall cause said Plans to be filed with the Minnesota Department of Revenue. k Adopted by the Council of the City this day of , 2003. The motion for the adoption of the foregoing resolution was duly seconded by Council Member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by City Clerk. Mayor ATTEST: City Clerk CERTIFICATION I. , the duly qualified City Clerk of the City of New Hope, County of Hennepin, State of Minnesota, do hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2003. City Clerk 4 EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the TIF Plan for the TIF District pursuant to Minnesota Staff Section 469.175, Subdivision 3, are as follows: 1. Finding that the TIF District is a "redevelopment district" as defined in , Minnesota Statutes Section 469.174, Subdivision 10 and Laws of Minnesota 2003, Chapter 21, Article 10, Section 10 (the "Special Law "). The TIF District consists of thirty -seven (37) parcels of land which by operation of the Special Law more than 70% of the total area is occupied by improvements as defined in Minnesota 91atuas, Section 469.174, Subdivision 10. In addition, the Redevelopment Eligibility Assessment prepared by Short Elliott Hendrickson, Inc. dated November 13, 2003, and which is on file at City Hall, finds and documents that more than 50% of the structures are deemed structurally substandard and require clearance, as also defined in Minnesota .S.tatu as, Section 469.174, Subdivision 10. 2. Finding that the proposed development or redevelopment, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. The Council has reviewed the costs associated with the proposed redevelopment including the costs of site acquisition, demolition of existing structures, site clean up and preparation, and relocation of existing homeowners and businesses. After such review, the Council has determined that without tax increment assistance for these costs, the redevelopment would not proceed, and as a result, there would be no increase in the City's market value. City staff has further determined that the increased market value that could be realized from a project receiving no tax increment assistance would be considerably less than the increased market value, less the present value of tax increment receipts, from a project utilizing tax increment assistance (see attached Schedule 1). 3. Finding that the TIF Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The EDA and Council have reviewed the TIF Plan and determined that it conforms to the comprehensive plan of the City. 4. Finding that the TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole for the development or redevelopment of the 5 Project Area by private enterprise. The project to be developed is located within the TIF District and consists of the construction of approximately 184 units of housing to be completed in two phases. Phase 1, to be constructed in 2004, proposes the construction of 43 carriage homes and 19 condominiums and Phase 11, to be constructed in 2005, proposes the construction of 85 carriage homes and 37 condominiums. Upon completion of both Phases the City's tax base will increase by approximately $31,800,000. SCHEDULE 1 TO EXHIBIT A RESOLUTION NO. DEVELOPMENT WITHOUT TIF ASSISTANCE: Estimated Market Value $ 3,874,929 Original Market Value $ 3,874,929 Increased Market Value $ -0- It is unlikely that redevelopment would proceed without TIF assistance on this site. 11. DEVELOPMENT WITH TIF ASSISTANCE: Estimated Market Value $35,680,000 Original Market Value $ 3,874,929 Increased Market Value $31,805,071 Less: Present Value of the Tax Increment $ 8,459,912 generated at 5.0% for the duration of the tax increment district (see attached Exhibit 1) Net Increased Market Value $23,345,159 The proposed project consists of approximately 43 carriage homes and 19 condominiums to be constructed in 2004 and 85 carriage homes and 37 condominiums to be constructed in 2005. G:\WPDATA\N\NEW HOPE\09\TIF\COUNCIL RESOLUTION.DOC ly i:li T 1K'' < ANNUAL > < 38,749 -- SEMI - ANNUAL > (a) (b) (c) (d) (e) (f) (g) (h) (i) (J1 Original Estimated Captured Estimated Less: Available Cumulative <--- -- Present Value Tax Tax Tax Tax Admin Tax Avail. Tax Semi Annual Cumulative Date Capacity Capacity Capacity Increment Fees Increment Increment Balance Balance (see assumptions) (c) - (b) (d) x (e) x (e) - (f) Total of (g) P.V. of (g) Total of (i) 5.0% Inflation (prev. year) 1.37362 0.00% 06/01/05 38,749 5.00% 06101103 06/01/03 38,749 38,749 0 0 0 0 0 0 12/01/03 38,749 38,749 0 0 0 0 0 0 06/01 104 38,749 38,749 0 0 0 0 0 0 0 12/01/04 38,749 38,749 0 0 0 0 0 0 0 06/01/05 38,749 118,933 0 0 0 0 0 0 0 12/01/05 38,749 ':18,933 0 0 0 0 0 0 0 1 06101/06 38,749 356,800 80,184 55,071 0 55,071 55,071 47,488 47,488 12/01/06 38,749 356,800 80,184 55,071 0 55,071 110,142 46,329 93,817 2 06/01/07 38,749 356,800 318,051 218,440 0 218,440 328,583 179,284 273,101 12/01/07 38,749 356,800 318,051 218,440 0 218,440 547,023 174,911 448,013 3 06/01/08 38,749 356,800 318,051 218,440 0 218,440 765,464 170,645 618,658 12/01/08 38,749 356,800 318,051 218,440 0 218,440 983,904 166,483 785,141 4 06/01/09 38,749 374,640 318,051 218,440 0 218,440 1,202,344 162,423 947,564 12/01/09 38,749 374,640 318,051 218,440 0 218,440 1,420,785 158,461 1,106,025 5 06/01/10 38,749 393,372 335,891 230,693 0 230,693 1,651,478 163,268 1,269,293 6 12/01/10 06/01111 38,749 38,749 393,372 413,041 335,891 354,623 230,693 243,558 0 230,693 1,882,171 159,286 1,428,579 12/01/11 38,749 413,041 354,623 243,558 0 0 243,558 243,558 2,125,729 2,369,288 164,067 160,065 1,592,646 1,752,711 7 06/01/12 1.2/01/12 38,749 38,749 433,693 433,693 374,291 374,291 257,067 257,067 0 0 257,067 2,626,355 164,823 1,917,534 8 06/01/13 38,749 455,377 394,943 271,251 0 257,067 271,251 2,883,422 3,154,673 160,803 165,537 2,078,336 2,243,873 9 12101/13 06/01114 38,749 38,749 455,377 478,146 394,943 416,628 271,251 286,144 0 271,251 3,425,924 161,499 2,405,372 12101 /14 38,749 478,146 416,628 286,144 0 0 286,144 286,144 3,712,068 3,998,213 166,211 162,157 2,571,583 2,733,740 10 06/01/15 12/01/15 38,749 38,749 502,053 502,053 439,397 439,397 301,782 301,782 0 301,782 4,299,995 166,848 2,900,588 �- 11 06/01/16 38,749 527,156 463,304 318,202 0 0 301,782 318,202 4,601,777 4,919,979 162,778 167,449 3,063,367 3,230,815 12 12/01/16 06/01/17 38,749 38,749 527,156 553,514 463,304 488,407 318,202 0 318,202 5,238,181 163,365 3,394,180 12/01/17 38,749 553,514 488,407 335,443 335,443 0 0 335,443 5,573,623 168,016 3,562,196 13 06/01/18 38,749 581,190 514,765 353,545 0 335,443 353,545 5,909,066 6,262,611 163,918 168,550 3,726,114 14 12/01/18 06101/19 38,749 38,749 581,190 610,249 514,765 353,545 0 353,545 6,616,157 164,439 3,894,664 4,059,103 12/01/19 38,749 610,249 542,440 542,440 372,553 372,553 0 372,553 6,988,710 169,054 4,228,157 15 06/01/20 38,749 640,762 571,500 392,512 0 0 372,553 392,512 7,361,264 7,753,776 164,931 4,393,088 16 12/01/20 06/01/21 38,749 38,749 640,762 672,800 571,500 392,512 0 392,512 8,146,287 169,528 165,393 4,562,616 4,728,009 12/01/21 38,749 672,800 602,012 602,012 413,468 413,468 0 0 413,468 8,559,755 169,974 4,897,983 17 06/01/22 38,749 706,440 634,050 435,472 0 413,468 435,472 8,973,223 9,408,696 165,828 5,063,811 18 12/01122 06/0123 38,749 38,749 706,440 741,762 634,050 435,472 0 435,472 9,844,168 170,394 166,238 5,234,205 5,400,443 12/0123 38,749 741,762 667,690 667,690 458,576 458,576 0 0 458,576 10,302,744 170,788 5,571,230 19 06/0124 38,749 778,850 703,012 482,836 0 458,576 10,761,320 166,622 5,737,853 1210124 38,749 778,850 703,012 482,836 0 482,836 482,836 11,244,156 11,726,992 171,158 5,909,011 20 0610125 38,749 817,792 740,100 508,308 0 508,308 12,235,300 166,983 6,075,994 21 12/0125 06/0126 38,749 38,749 817,792 858,682 740,100 779,043 508,308 535,054 0 508,308 12,743,609 171,505 167,322 6,247,499 6,414,821 1210126 38,749 858,682 779,043 535,054 0 0 535,054 13,278,663 171,830 6,586,652 22 06/01/27 38,749 901,616 819,932 563,138 0 535,054 563,138 13,813,718 14,376,855 167,639 6,754,291 1210127 38,749 901,616 819,932 563,138 0 563,138 14,939,993 172,135 6,926,426 23 06/01/28 38,749 946,697 862,867 592,625 0 592,625 15,532,619 167,937 7,094,363 24 12/01/28 06/0129 38,749 38,749 946,697 994,031 862,867 907,947 592,625 0 592,625 16,125,244 172,420 168,214 7,266,783 7,434,997 12/01/29 38,749 994,031 907,947 623,587 623,587 0 623,587 16,748,831 172,686 7,607,683 25 06/01/30 38,749 1,043,733 955,282 656,097 623,587 656,097 17,372,419 18,028,516 168,474 7,776,156 26 12/01/30 06/01/31 38,749 38,749 1,043,733 955,282 656,097 0 656,097 18,684,613 172,734 168,716 7 949 090 12/01/31 38,749 1,095,920 1,095,920 1,004,984 1,004,984 690,233 690,233 0 690,233 19,374,846 173,165 8,117,806 8,290,970 0 690,233 20,065,079 168,941 8,459,912 20.065.079 0 20 065 20 065 079 8 459 912 8,459,912 Prepared by Krass Monroe, P. A. East Winnetka Ryland 03e.xis ARTICLE III TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (SPECIAL LAW) (RYLAND PROJECT) Section 3.1 Statement of Objectives See Article I, Section 1.4, Statement of Objectives. Section 3.2 Restated Redevelopment Plan. See Article 1, Sections 1.1 through 1.11. Section 3.3 Parcels to be Included The boundaries of Tax Increment Financing District No. 03 -1 (Special Law) (the "TIF District ") are described in Exhibit 111 -A and illustrated on Exhibit III -B. Section 3.4 Parcels in Acquisition The EDA Authority may write down or acquire and reconvey real property, or interests therein, within this TIF District or elsewhere within the Project Area at the time or times as the EDA Authority may determine to be necessary or desirable to assist or implement development or redevelopment within the Project Area or the TIF District as further described in Article 1, Section 1.11. Section 3.5 Development Activity for which Contracts have been Signed As of the date of adoption of the TIF Plan, the EDA Authority contemplates entering into a signed contract with The Ryland Group, Inc., a Minnesota corporation, for the activities discussed below. Section 3.6 Specific Development Expected to Occur At this time it is anticipated that the construction of approximately 184 units of housing will be completed in two phases. Phase I, to be constructed in 2004, is proposed to include 43 carriage homes and 19 condominiums and Phase 11, to be constructed in 2005, is proposed to include 85 carriage homes and 37 condominiums. Upon completion of both phases of construction, it is expected that the City's tax base will increase by approximately $31.8 million. Section 3.7 Prior Planned Improvements The EDA Authority shall, after due and diligent search, accompany its request to the County Auditor for the certification of or its notice of enlargement of the TIF District with a listing of all properties within the TIF District for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the EDA Authority. 3 -1 The County Auditor shall increase the original tax capacity of the TIF District by the tax capacity of each improvement for which a building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the EDA Authority's approval of the TIF Plan. Section 3.8 Fiscal Disparities The City hereby elects the method of tax increment computation set forth in Minnesota Statutes Section 469.177, Subdivision 3, clause (a) if and when commercial /industrial development occurs within the TIF District. Section 3.9 Estimated Project Costs The estimated costs associated with this portion of Redevelopment Project No. 1 (the "Project Area ") are listed on Exhibit I -A. Section 3.10 Estimated Amount of Indebtedness. It is anticipated that approximately $10,750,000 of indebtedness may be incurred with respect to this portion of the Project Area. Section 3.11 Sources of Revenue The anticipated revenue sources tc finance the costs associated with the Project Area are outlined in Article 1, Section 1.5 Section 3.12 Estimated Orioinal and Captured Tax Capacity The tax capacity of all taxable property in the TIF District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 2003, is estimated to be $38,749. The estimated captured tax capacity of the TIF District upon completion of the proposed improvements on January 2, 2006, is estimated to be $318,051. The EDA Authority intends to utilize 100% of the captured tax capacity, for the duration of the TIF District, for purposes of determining tax increment revenues. Section 3.13 Tax Capacity Rate The pay 2003 tax capacity rate is 1.37362: Section 3.14 Tax Increment Annual initial tax increment has been calculated at approximately $436,881 assuming a static tax capacity rate and a valuation increase of five zero percent (5.0 %) compounded annually. A financial analysis is provided on Exhibit III -C. Revenue has also been projected for the duration of the TIF District and is shown on Exhibit I -A. 3 -2 Section 3.15 Type of TIF District The TIF District is, pursuant to Minnesota Statutes Section 469.174, Subdivision 10, a redevelopment district. Section 3.16 Duration of TIF District The duration of the TIF District is expected to twenty -five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is estimated to be July, 2006. Thus, it is estimated that the TIF District, including any modifications for subsequent phases or other changes, would terminate in the year 2031. Section 3.17 Estimated Impact on Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the TIF District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0, due to the fact that the financing would not have occurred without the assistance of the EDA Authority, Exhibit III -E reflects the estimated impact of the TIF District if the "but for" test were not met. Section 3.18 Modification of the TIF District and /or TIF Plan. As of December 8, 2003, no modifications to the TIF District or the TIF Plan have been made. GAWPDATAWWEW HOPEWMIMTIF PLAN.DOC 3 -3 EXHIBIT 111 -A PARCELS TO BE INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (SPECIAL LAW) PIN 05- 118 -21 -33 -0002 PIN 05- 118 -21 -33 -0003 PIN 05- 118 -21 -33 -0004 PIN 05- 118 -21 -33 -0005 PIN 05- 118 -21 -33 -0006 PIN 05- 118 -21 -33 -0007 PIN 05- 118 -21 -33 -0008 PIN 05- 118 -21 -33 -0009 PIN 05- 118 -21 -33 -0010 PIN 05- 118 -21 -33 -0011 PIN 05- 118 -21 -33 -0012 PIN 05- 118 -21 -33 -0013 PIN 05- 118 -21 -33 -0014 PIN 05- 118 -21 -33 -0015 PIN 05- 118 -21 -33 -0016 PIN 05- 118 -21 -33 -0017 PIN 05- 118 -21 -33 -0018 PIN 05- 118 -21 -33 -0019 PIN 05- 118 -21 -33 -0020 PIN 05- 118 -21 -33 -0021 PIN 05- 118 -21 -33 -0022 PIN 05- 118 -21 -33 -0023 PIN 05- 118 -21 -33 -0024 PIN 05- 118 -21 -33 -0025 PIN 05- 118 -21 -33 -0026 PIN 05- 118 -21 -33 -0027 PIN 05- 118 -21 -33 -0028 PIN 05- 118 -21 -33 -0029 PIN 05- 118 -21 -33 -0081 PIN 05- 118 -21 -33 -0082 PIN 05- 118 -21 -33 -0083 PIN 05- 118 -21 -33 -0085 PIN 05- 118 -21 -33 -0087 PIN 05- 118 -21 -33 -0088 PIN 05- 118 -21 -33 -0089 PIN 05- 118 -21 -33 -0091 PIN 08- 118 -21 -22 -0001 including adjacent streets and rights -of -way G: \WPDATA \N \NEW H0PE \09 \TIF \TIF PLAN EXHIHIT.DOC 111 -A -1 EXHIBIT III-B BOUNDARY MAP 7610 7,50 56TH AVE N qm 6537 5= 7301 7621 7601 CF, 5=52A 6519 5520 , 794-0 5518 55M j , 5310 5WI 77CW 76011,' 5606 55TH AVE N 5500 1� 5437 54M $4M 54-JM o W6 5437 um z 54 t $437 "Z' 34 5446 5433 5430 5431 5429 IW 1 5428 5429 Llj. 5430 $429 5430 5426 5427 5434 5427 5426 c 5427 < = 7606 $425 542 5420 $421 f .5422 5423 ST RAPHAEL DR. 541 5417 5420 1 5420 541 5417 5420 54251 5419 541 5411 5412 3410 5413 6414 z 5413 5416 5413 f z ' C)! u 5414 54M W7 $406 $409 5406 54409 SIM 5.64CP 4. 5410 5400 5401 349 L . —..I I j .— 1 5401 5400 W. 5400 5401 5400 5401 i 54M 3w 5348 i 5329 f 5340 5325 5= S337 5319 f 5331 5324 5325 $338 &VI ini, 5324 L 5325 a SM 5317 f SW 5318 5319 =4 5313 7M 5306 $313 5312 5313 \J� 78M 5218 3318 5309 S306 . &V7 5312 'am . 1 5301 III-B-1 EXHIBIT Ilt-C CASH FLOW ANALYSIS CITY OF NEW HOPE ' East Winnetka - Ryland ASSUMPTIONS I i Area of Parcel 112/2002 Market Value (Pay 2003) (Original Market Values ! (Acres )1 (Sq. Feet) Landl I Buildinal i Total I , Li P �� Value Estimated ate_d - -• —•— Tax Caoacity (Phase 2 (combin Estimated Market Value E stima t ed Tax C apaaty Estimated Taxes Es timat ed - f T ax i Phase 3 (combined) ' Local Tax Rate. Pay 2121 State Ta Rate - Pay 2C Combined Tax Rata - *Admin ees (after 2 yts Value Rate in Prepared by Krass Monroe, PA G 0.0 k 0 @ 2.00",6 = JU,(Y7 I i 0 0.0% 0 @ 1.25% = 0 0.0% 0 Q 1.25% = 0 -- 100.0% 3.874 07Q @ 1.00% = 38,749 00.0% 3,874,929 Final rates for Pay 2004 YEAR 61 units 11,893,333 2005 0 sq. ft. 118,933 — — 2006 163,369 I 110,142 67.4% of total taxes 184 units 35,680,000 2006 0 sq.ft. 356,800 2007 490,108 i 436,881 89.1 % of total taxes 2007 184 units 35,680,000 ! 9.2 times incr. in MV 0 sq. ft. 356,800 2008 490,108 _- �^� -� ^ 436,881 89.1 %,of total taxes 1.37362 °• 14% D.54447 {Cfi only) Eff lax Rate 1.91809 used for tax increment calculations III-C -t East Winnetka Ryland 03e.xis EXHIBIT III-C CASH FLOW ANALYSIS CITY OF NEW HOPE East Winnetka - Prepared by Krass Monroe, P.A. III --C -2 East Winnetka Ryland 03e.xis Total Estimated Market Value I 11.893.33: Commercial /Rata!! p -- I Tech Flex 0 sq. ft. @ : 70 ; 1 isq. it = p Office ! warehouse I 0 sq. ft. @ 70 : /sq. ft. = - 0 Office 0 1 sq. ft. @ 90 /sq. ft. = 0 i Retail - service 0 1 sq. ft. @ Restaurant 1 entertainment 0 1 sq. ft /sq, ft. _ p Other 0 1 sq. ft @ 90 /sq. h. = I 0 Rental Moderate Income I 0 . 0.0%1 0 1 units @ 80,000 /unit = 0 Market Rate OA% i 0 1 units @ 90,000 i 1 /unit = p Owner Occupied A i Carriage Homes -n R 1 33.3%1 43 units @ 200,000 11.893,333 1 /unit = 8,533,333 B Twin Homes 33,3%1 0 1 units 1 225.000 /unit = p I C Condos Winnetka 33.3% 19 units @ 180,000 /unit = 3,360,000 D Single Family Homes 33.3 0 1 units @ 400,000 /unit = p 61 unfts 1 0 Isq. ft. Total Estimated Tax Capacity I Commercial /Retail I 1 118,933 Tech Flex ° 0 0 Office i warehouse 2.t?0% Office 2.00 °k p p ; f Retail - service 2.00% / entertainment 200% i Other 0 Rental 2.00% 0 i Moderate Income 0 i Market Rate 1.25 °>o p Owner Occupied 125 °� 0 I j A Carriage Homes -BLR 118,933 <= 500,000 85,333 1.00% 1.25% 85,333 B Twin Homes > 500,000 0 <= 500,000 0 1-00% p t C Condos - Winnetka > 500,000 <= 500.000 33,600 1.00% 33.600 D Single Family Homes > 500,000 1.25% p i <- - 500,000 e i.00k 0 0 > 500,000 1.25% 0 Total Estimated Taxes CommerdaI / Retail 163,369 Tech Flex Office !warehouse 0 s . ft• @ 0.00 /sq. ft. = 0 p Office 0 sq. ft. @ 0.00 isq. ft. = p eta - service 0 s q ft @ 0.00 /sq. ft = p Restaurant i entertainment s q = er 0 ft. @ . ft = 0 Rental -sq. sq. . - Moderate Income 0 Market hate 0 unfts @ 0 /unit = 0 Owner Otxupied 0 un its @ 0 /unit = • 0 A Carnage Homes- BLR 43 units @ 2,747 163,369 B Twin Homes /unit = 117,216 C Condos- Winnetka 0 units. @ 0 /unit = 0 D Single Family Homes 19 units 2,473 /unit = 46,154 0 units 0 /unit = 0 Construr Lion Full Valuation 2004 100.00% Taxes Pa ble 2005 2006 Prepared by Krass Monroe, P.A. III --C -2 East Winnetka Ryland 03e.xis EXHIBIT 111-C CASH FLAW ANALYSIS Prepared by Krass Monroe, PA. III —C -3 Last Winnetka Ryland 03e.xls Total Estimated Market Value 35,680,000 Commercial /Retail 0 Tech Flex 0 sq. tt. ! 70 Jsq. ft. = 0 , I Office / warehouse 0 1 sq. It 70 1 1 /sq. R = 0 Office 01 sq. CC 90 I I /sq. ft. _ 1 1 0 Retail - service 0 1 sq. ft, @ I 90 /sq. ft. = 1 0 Restaurant/ entertainment 1 0 . It. @ 901 1 Isq. It. _ ! 0 Other 1 01 sq. ft. a 90 /sq, ft. = 0 Rental Moderate income 0.0%1 01 units 80,000 1 1 Junit = 0 0 Market Rate 0.0%1 0 1 units @ 90,000 /unit = 0 Owner Occunied I I A Carriage Homes-BE R 100.0% 128 units @ 200.000 Junff = ! 25,600,000 35,680,000 B Twin Homes 100.0% 0 units @ 225,000 /unit = 0 i G Condos- Winnetka 100.0 °k 56 units @ 180,000 /unit = 10,080,000 i ' D Single Family Homes 9 Y 0 100.0!0 0 units @ 400,000 Junff = 0 184 units Total Estimated Tax Capacity i Commercial /Retaif 356 800 Tech Flex 2.00 °k p 0 Office I warehouse ' Office ° 0 Retail - service Restaurant / entertainment 200 °,6 Other 0 Rental 0 Moderate Income 0 Market Rate 1.25 °k 0 Owner Occupied 1.25 °b 0 A Carriage Homes-131-13 356,800 256,000 B Twin Homes <- > 500,000 500,000 1.00% 1.25% 256,000 p <' ` 500,000 0 1.00 ° 0 C Condos - Winnetka > 5001000 1.25% 0 <= 500,000 1.00° 100,800 100,800 D Singte Family Homes > 500,000 1.25% 0 <` ` 500.000 1.00 0 0 0 > 500,000 1.25% 0 Total Estimated Taxes Commertraal /Retail 490,108 ; Tech Flex Office / warehouse 0 s q' ft @ 0.00 /s , ft. = 0 0 Office 0 ft. @ 0.00 / 0 Retail - service 0 fL @ 0.00 /sq. It. = 0 r Restaurant I entertainment 0 s ft @ 0'00 /sq. ft. ° 0 Other 0 sq. ft. @ 0.00 /s . IL = 0 Rental 0 sq. ft. 0.00 /sq, ft. = 0 ! Moderate Income 0 ' Market Rate 0 units @ 0 /unit = 0 Owner Occupied 0 units 0 it - 0 A Camage Homes -BLR 8 Twin Homes 128 units @ 2,747 !unit = 351,647 490,108 C Condos- Winnetka 0 ands @ 0 !unit = 0 D Single Family Homes 56 units @ 2,473 /unit = 138,461 0 units 0 /unff = 0 Construction Full Valuation 2005 100.00% I Taxes Payable 2006 < 2007 _ Prepared by Krass Monroe, PA. III —C -3 Last Winnetka Ryland 03e.xls EXHIBIT III-C CASH FLOW ANALYSIS < ANNUAL > < - SEA! - ANNUAL > (a) (b) (c) (d) (e) (f) (g) (h) 0) GI Original Estimated Captured Estimated Less: Available Cumulative <- Present Vawe -> Tax Tax Tax Tax Admin Tax Avail. Tax Semi Annual Cumulative Date Capacity Capacity Capacity Increment Fees increment Increment Balance Balance (see assumptions) (c) - (b) (d) x (e) x (e) - (f? Total of (g) P.V. of (g) Total of (i) 5.0% Inflation (prev. year) 1.37362 10.00% 5.00% 06/01/03 06/01/03 38,749 38,749 0 0 0 0 0 0 12/01/03 38,749 38,749 0 0 0 0 0 0 06/01/04 38,749 38,749 0 0 0 0 0 0 0 12/01/04 38,749 38,749 0 0 0 0 0 0 0 06/01/05 38,749 118,933 0 0 0 0 0 0 0 12/01/05 38,749 118,933 0 0 0 0 0 0 0 1 06/01/06 38,749 356,800 80,184 55,071 5,507 49,564 49,564 42,739 42,739 12/01/06 38,749 356,800 80,184 55,071 5,507 49,564 99,128 41,697 84,435 2 06/01/07 38,749 356,800 318,051 218,440 21,844 196,596 295,725 161,356 245,791 12/01107 38,749 356,800 318,051 218,440 21,844 196,596 492,321 157,420 403,212 3 06 /01 /08 38,749 356,800 318,051 218,440 21,844 196,596 688,917 153,581 556,792 12101/08 38,749 356,800 318,051 218,440 21,844 196,596 885,514 149,835 706,627 4 06/01/09 12/01/09 38,749 38,749 374,640 374,640 318,051 318,051 218,440 218,440 21,844 196,596 1,082,110 146,180 852,808 5 06/01/10 38,749 393,372 335,891 230,693 21,844 23,069 196,596 207,624 1,278,706 1,486,330 142,615 146,941 995,423 6 12/01/10 06/01111 38,749 38,749 393,372 413,041 335,891 230,693 23,069 207,624 1,693,954 143,357 1,142,364 1,285,721 12101/11 38,749 413,041 354,623 354,623 243,558 243,558 24,356 24,356 219,203 1,913,157 147,660 1,433,381 7 06/01/12 38,749 433,693 374,291 257,067 25,707 219,203 231,360 2,132,359 2,363,719 144,059 148,340 1,577,440 1,725,780 8 12/01112 06/01/13 38,749 38,749 433,693 455,377 374,291 394,943 257,067 271,251 25,707 231,360 2,595,080 144,722 1,870,503 12/01/13 38,749 455,377 394,943 271,251 27,125 27,125 244,126 244,126 2,839,206 3,083,332 148,983 2,019,485 9 06/01:14 12/01/14 38,749 38,749 478,146 478,146 416,628 286,144 28,614 257,530 3,340,861 145,349 149,590 2,164,835 2,314,425 0 06/01/15 38,749 502,053 416,628 439,397 286,144 301,782 28,614 30,178 257,530 3,598,391 145,941 2,460,366 12/01!15 38,749 502,053 439,397 301,782 30,178 271,604 271,604 3,869,995 4,141,599 150,163 2,610,529 11 06/01116 12/01/16 38,749 38,749 527,156 527,156 463,304 463,304 318,202 31,820 286,382 4,427,981 146,501 150,704 2,757,030 2,907,734 12 06/01/17 38,749 553,514 488,407 318,202 335,443 31,820 33,544 286,382 301,898 4,714,363 147,028 3,054,762 13 12/01/17 06/01/18 38,749 553,514 488,407 335,443 33,544 301,898 5,016,261 5,318,159 151,214 147,526 3,205,976 12/01/18 38,749 38,749 581,190 581,190 514,765 514,765 353,545 353,545 35,355 318,191 5,636,350 151,695 3,353,502 3,505,198 14 06/01/19 38,749 610,249 542,440 372,553 35,355 37,255 318,191 335,298 5,954,541 147,995 3,653,193 15 12/01119 06/01120 38,749 38,749 610,249 640,762 542,440 372,553 37,255 335,298 6,289,839 6,625,137 152,148 148,437 3,805,341 3,953,779 12/01/20 38,749 640,762 571,500 571,500 392,512 392,512 39,251 39,251 353,261 6,978,398 152,575 4,106,354 16 06/01/21 38,749 672,800 602,012 413,468 41,347 353,261 372,121 7,331,659 148,854 4,255,208 17 12101121 06/01/22 38,749 672,800 602,012 413,468 41,347 372,121 7,703,780 8,075,901 152,977 4,408,184 12/01122 38,749 38,749 706,440 706,440 634,050 634,050 435,472 43,547 391,925 8,467,826 149,246 153,354 4,557,430 4,710,784 18 06/01128 38,749 741,762 667,690 435,472 458,576 43,547 45,858 391,925 8,859,751 149,614 4,860,398 12/01/23 38,749 741,762 667,690 458,576 45,858 412,719 412,719 9,272,470 153,709 .5,014,107 19 06/01/24 38,749 778,850 703,012 482,836 48,284 434,552 9,685,188 149,960 5,164,067 20 12/01!24 06101/25 38,749 38,749 778,850 817,792 703,012 482,836 48,284 434,552 10,119,741 10,554,293 154,042 150,285 5,318,110 12/01125 38,749 817,792 740,100 740,100 508,308 508,308 50,831 457,477 11,011,770 154,355 5,468,395 5,622,749 21 06/01/26 38,749 858,682 779,043 535,054 50,831 53,505 457,477 11,469,248 150,590 5,7 3,339 22 12/01126 38,749 858,682 779,043 535,054 53,505 481,549 481,549 11,950,797 154,647 5,,987 7 3,862 06/01/27 12/01/27 38,749 38,749 901,616 819,932 563,138 56,314 506,824 12,432,346 12,939,170 150,876 154,921 6,0 23 06/01/28 38,749 901,616 946,697 819,932 862,867 563,138 592,625 56,314 .506,824 13,445,994 6,233,784 12/01/28 38,749 946,697 862,867 592,625 59,263 59,263 533,363 13,979,357 155,178 6,540, 24 06/01/29 12/01/29 38,749 38,749 994,031 907,947 623,587 62,359 533,363 561,229 14,512,720 15,073,948 151,393 6,691,497 06101130 38,749 994,031 1,043,733 907,947 955,282 623,587 656,097 62,359 561,229 15,635,177 155,417 151,626 6,846,914 6,998,541 ' Z 12/01/30 01131 38,749 38,749 1,043,733 955,282 656,097 65,610 65,610 590,488 590,488 16,225,664 16,816,152 7'154,181 12/ 12101/31 38,749 1,095,920 1,095,920 1,004,984 1,004,984 690,233 690,233 69,023 621,210 17,437,362 151,844 155,848 7,461,873 69,023 621,210 18,058,571 152,047 7,613,920 Prepared by Krass Monroe, P.A. 20,065,079 2,006,508 18,058,571 18 058,571 7,613,920 7,613,920 III -C-4 East Winnetica Ryland 03e.)ds EXHIBIT 111 -D "BUT FOR " ANALYSIS The City of New Hope and the EDA Authority have been studying redevelopment opportunities in the Bass Lake Road/Winnetka Avenue area for many years and the parcels identified for inclusion in the tax increment financing district are identified in the City's Comprehensive Plan for redevelopment. This entire area is a well - documented redevelopment area and the City has received a Livable Communities Grant from the Metropolitan Council to study four different sites or areas within the overall Bass Lake Road/Winnetka study area. One of the areas that has been studied extensively is the area referred to as the Winnetka Avenue East area which is the area being included in the tax increment financing district. For a number of years, the City /EDA Authority have acquired approximately one - half of the 34 parcels needed for the housing project being contemplated. The cost of acquiring the parcels, demolishing the structures, soil correction, mass grading of the site and utility relocation are approximately $8.0 to $8.5 million. The Ryland Group, Inc. (the "Redeveloper ") responded to a City /EDA Authority's request for proposals for the Winnetka Avenue East area. The Redeveloper contemplates constructing between 165 and 185 housing units with market values ranging between $180,000 to $225,000 per unit depending on the type of unit. However, the market value of the land to the Redeveloper ranges from $12,500 per unit to $19,500 per unit or $2.2 million to $3.4 million, assuming 175 units. The higher price per unit assumes a completely finished lot suitable for building. The lower price per unit assumes that the Redeveloper installs all of the public improvements including streets, boulevards, sidewalks, fencing, lighting, benns and all utilities. The EDA Authority has opted to have the Redeveloper provide all site improvements and accordingly has agreed to sell the property at $12,500 per unit. Since the costs of acquiring a site and making it available for redevelopment are approximately $8.0 million and the value of the site to the Redeveloper who needs to develop the site into finished lots is approximately $2.2 million, there is a gap of approximately $5.5 million. The City hopes to fill part of this gap with grants from the Metropolitan Council. The balance of the gap requires the use of tax increment financing. But for the use of tax increment financing, this redevelopment project could not proceed. G1wPDATAvmEw HOPE WTIRTIF PLAN EXHIBIT.DOC Lll���l EXHIBIT 111 - E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO. 03 -1 (Special Law) IMPACT ON TAX BASE IMPACT ON TAX RATE TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCRFARF *—' City of New Hope 0.49819 ORIGINAL ESTIMATED CAPTURED DISTRICT ENTITY TAX BASE TAX CAPACITY TAX CAPACITY TAX CAPACITY AS % OF TOTAL Other 0.07757 5.65% 24,671 1.37362 City of New Hope County of Hennepin ISD # 281 13,477,113 975,218,292 68,916,707 38,749 38,749 38,749 356,800 356,800 356,800 318,051 318,051 318,051 2.360% 0.033% 0.462% IMPACT ON TAX RATE TAX % OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCRFARF *—' City of New Hope 0.49819 36.27% 158,450 1.204% County of Hennepin 0.50607 36.84% 160,956 0.017% ISD # 281 0.29179 21.24% 92,804 0.135% Other 0.07757 5.65% 24,671 1.37362 100.00% 436,881 Assumes construction would have occurred without the creation of a Tax Increment Financing District. If construction is a result of Tax Increment Financing, the impact is $0. III - E -.1 TIF No. 03 -1 (Special Law) Cumulative Modified Budget Source of Funds Tax Increment Revenue $ 21,000,000 Investment Earnings 2,100,000 Bond Proceeds 10,750,000 Loan Proceeds _ Special Assessments Sales /Lease Proceeds 2,500,000 Loan /Advance Repayments Grants Other 10,750,000 Transfers In 1,150,000 Total Source of Funds $ 37,500,000 Use of Funds 6,450,000 Land /building acquisition $ 8,000,000 Site Improvements /preparation costs 600,000 t Installation of public utilities Public Parking facilities Streets and sidewalks Public park facilities Social, recreational or conference facilities Interest reduction payments Bond principal payments 10,750,000 Bond interest payments 6,450,000 Loan principal payments Loan /note interest payments 6,450,000 Administrative costs 2,100,000 Other Transfers out 3,150,000 Total Use of Funds $ 37,500,000 0 TIF budget - 03 -1.xls 1 - A - 1 10!6/2003 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN, STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY WITHIN THE CITY OF NEW HOPE FOR THE PURPOSE OF REDEVELOPMENT (Winnetka Avenue East Development Area) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope (the "Authority ") as follows: WHEREAS, the Authority is a public body corporate and politic authorized under Minn. Stat. §469.090 et seq. ; and WHEREAS, the Authority is authorized to exercise the right of Eminent Domain under the aforementioned statute and under Minn. Stat Chapter 117; and WHEREAS, in furtherance of the Authority's objectives, there has been established pursuant to Authority Resolution No. 02 -05, adopted September 9, 2002, a Restated Redevelopment Plan (the "Project Plan ") for Redevelopment Project No. 1(the "Project Area ") in the City of New Hope, Minnesota, (the "City ") to encourage and provide maximum opportunity for private development and redevelopment of certain property located within the City which is not now utilized in its highest and best use; and WHEREAS, the major objectives in establishing the Project Area and adopting the Project Plan are to: 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's comprehensive plan and with a minimum adverse impact on the environment and thereby promote and secure the development of other land in the City. 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increased valuation of property subject to taxation by the City, county, school district and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5. Promote the concentration of new desirable residential, commercial, office and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Project Plan. 9. Create viable environments which would upgrade and maintain housing stock, maintain housing health and safety quality standards and maintain and strengthen individual neighborhoods. 10. Stimulate private activity and investment to stabilize and balance the City's housing supply. 11. Eliminate code violations and nuisance conditions that adversely affect neighborhoods. 12. Revitalize property to create a safe, attractive, comfortable, convenient and efficient area for residential use. 13. Recreate and reinforce a sense of residential place and security which creates neighborhood cohesiveness through City investment in neighborhood infrastructure and public improvements, including landscaping, park improvements, local street modifications to reduce traffic impacts, street repaving, curb and gutter replacement, and streetlight updating. 14. Encourage infill development and redevelopment that is compatible in use and scale with surrounding neighborhoods. 15. Rehabilitate the existing housing stock and preserve existing residential neighborhoods wherever possible. 16. Demolish and reconstruct, where necessary, aging residential buildings to preserve neighborhoods. N 17. Remove substandard structures. WHEREAS, also in furtherance of the Authority's objectives, there has been created and established Tax Increment Financing District No. 03 -1 (Special Law) (hereafter "The District ") pursuant to Authority Resolution No. 03 -14, adopted December 8, 2003. Authority Resolution No. 03 -14 also modified the Restated Redevelopment Plan and Tax Increment Financing Plans for Redevelopment Project No. 1 and Tax Increment Financing District Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1 and 02 -1. It also adopted a Tax Increment Financing Plan relating to Tax Increment Financing District No. 03 -1 (Special Law); and WHEREAS, the major objectives promoted by The District and the action taken by Authority Resolution No. 03 -14 is the continuance of the aforementioned objectives, but specifically including the construction of approximately 170 units of residential housing in The District known as the Winnetka Avenue East Area proposed to include 120 carriage homes and 50 condominiums in two phases to be completed in 2004 and 2005, which is expected to increase the City's tax base by approximately 31.8 million dollars; and WHEREAS, in addition to the increased tax base in The District, the proposed housing for the Winnetka Avenue East Area will provide the City of New Hope and its residents and citizens with a much needed variety of housing choices while still maintaining the single - family character of The District. It will further promote redevelopment of underutilized land, facilitate the more efficient use of the City's land and eliminate substandard structures that previously or currently exist in The District; and WHEREAS, since 1995, the City and the Authority have been acquiring property on a voluntary basis to assist in the type of housing redevelopment now contemplated for the East Winnetka Avenue Area and as now recommended by the New Hope Livable Communities Task Force; and WHEREAS, it appears that in order to accomplish the objectives and purposes set out in the Restated Redevelopment Plan and Tax Increment Financing Plans for Redevelopment Project No. 1, Tax Increment Financing District Nos. 80 -2, 81 -1, 82 -1, 85 -1, 85 -2, 86 -1, 02 -1 and 03 -1, including the redevelopment and construction of the aforedescribed 170 residential housing units within the East Winnetka Avenue Area, it will be necessary to acquire fee title to the properties described on Exhibit A attached hereto and incorporated herein by this reference (the "Properties "); and WHEREAS, in order to resolve and clear various title defects described as "gaps" created by errors and /or inconsistencies in legal descriptions used to convey certain properties within the Project Area and The District over the course of years, it will also be necessary to acquire fee title to the various "gaps" on Properties described on Exhibit A as well; and WHEREAS, the Authority has been advised that said Properties will not be made available for redevelopment in the manner that would allow the Authority to undertake the Project Plan and meet the objectives and purposes of the Project Plan for the Project Area, The District and for the City unless fee title to the Properties is acquired by use of Eminent Domain; and 3 WHEREAS, the Authority believes that the development and redevelopment of the Project Area and The District and the fulfillment of the Project Plan are in the vital and best interests of the Authority and the health, safety, morals and welfare of the residents of the City, and in accord with the public purposes and provisions of applicable federal, state and local laws under which this development and redevelopment are being undertaken and assisted. NOW, THEREFORE, BE IT RESOLVED, that in order to undertake the Project Plan and provide for the development and redevelopment of the Properties in a manner that will meet the objectives and purposes of the Project Plan for the Project Area and The District, the Authority proceed to acquire the Properties and all interests therein under its power of Eminent Domain; and that the attorneys for the Authority be instructed and directed to file the necessary petition or petitions thereto and to prosecute such action or actions to successful conclusion or until such are abandoned,, dismissed or terminated by the Authority or the court; and that said petitions include any necessary actions to acquire said Properties under the "Quick- Take" provisions of Minnesota law, set forth in Minn. Stat §469.101 and Minn. Stat § 117.042; and that the attorneys for the Authority, the President of the Authority and the Executive Director of the Authority do all things necessary and convenient to be done in the commencement, prosecution and successful termination of such Eminent Domain proceedings. BE IT FURTHER RESOLVED, that it is hereby found and declared that the acquisition of the Properties described on Exhibit A attached hereto and all interests therein by the Authority under its power of Eminent Domain is necessary to develop and redevelop their underdeveloped areas under the Project Plan within the Project Area and The District. Adopted by the Economic Development Authority in and for the City of New Hope this 26' day of January, 2004. W. Peter Enck Its President ATTEST: Daniel J. Donahue Its Executive Director P: \Attorney \Cnh Resolutions\CNH99.11287- 001 -EDA Private Property Condemnation Resolution.doe 4 EXHIBIT A Description of Properties Land located in Hennepin County, Minnesota and described as follows: PARCEL NO. 1 Common Address PIN Legal Des criptio n 5400 Winnetka Avenue North 05- 118 -21 -33 -0005 The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, according to the plat thereof on file and of record in the office of the Registrar of Deeds, in and for Hennepin County, Minnesota, Excepting therefrom: The West 7.0 feet of the following described tract: The South 100 feet of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except road. PARCEL NO. 2 Common Address PIN Legal Description 5434 Winnetka Avenue North 05- 118 -21 -33 -0014 The North Seventy (70) feet of the South Four Hundred Fifty (450) feet, except road, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, Lot thirty-eight (38), Auditors Subdivision No. Two Hundred Twenty-Six (226). Abstract Pro pert PARCEL NO. NO. 3 Common Address PIN Legal Description 5440 Winnetka Avenue North 05- 118 -21- 33-0015 North 70 feet of South 520 feet of Lot 38, Auditor's Subdivision Number 226, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Prope PARCEL NO. 4 Common Address PIN Legal Description 5446 Winnetka Avenue North 05- 118 -21 -33 -0016 The North 70 feet of the South 590 feet of Lot 38, Auditor's Subdivision No. 226, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Proper PARCEL NO. 5 Common Address PIN Legal Description 5512 Winnetka Avenue North 05- 118 -21- 33-0006 That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Prope PARCEL NO. 6 Common Address PIN Legal Description 5540 Winnetka Avenue North 05- 118 -21- 33-0007 That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, North Range 21, West of the 5` Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of said West 10 acres of the Southwest Quarter of the Southwest Quarter, distant 1100 feet North from the Southwest corner thereof; thence North along said West line, 90 feet; thence East parallel with the South line thereof, 160 feet; thence South parallel with the West line thereof, 90 feet; thence West parallel with the South line thereof, 160 feet to the point of beginning, now being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Proper PARCEL NO, 7 Common Address PIN Legal Description 7615 Bass Lake Road 05- 118 -21 -33 -0028 The North 202.2 feet of the East 150 feet of the West 800 feet of Lot 39, Auditor's Subdivision No, 226, Hennepin County, Minnesota. PARCEL NO. 8 Common Address PIN Legal Description 7605 Bass Lake Road 05- 118 -21 -33 -0088 Tracts A and B, Registered Land Survey No. 848, Files of Registrar of Titles, County of Hennepin. Being registered land as is evidenced by Certificate of Title No. 406625. PARCEL NO. 9 Common Address PIN Legal Description 7609 Bass Lake Road 05- 118 -21 -33 -0089 Tracts C and D, Registered Land Survey No, 848, Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 1042019. PARCEL NO. 10 Common Address PIN Legal Description 7643 Bass Lake Road 05- 118 -21 -33 -0023 That part of Lot 39, Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at a point 410 feet East of the Northwest corner thereof; thence East along the North line a distance of 90 feet; thence South parallel with the West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 244093. PARCEL NO. 11 Common Address PIN Legal Description 5538 Sumter Avenue North 05- 118 -21 -33 -0024 That part of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minn. described as follows: Commencing at the Northwest corner of said Lot 39, thence East along the North line of said Lot, 200 feet; thence South and parallel with the West line of said Lot 100, feet, which point is the point of beginning of the tract to be described; thence East and parallel with the North line of said Lot, 210 feet; thence South and parallel with the West line of said Lot, 100 feet; thence West and parallel with the North line of said Lot, 210 feet; thence North and parallel with the West line of said Lot, 100 feet to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 551726. PARCEL NO. 12 Common Address PIN Legal Description 5537 Sumter Avenue North 05- 118 -21 -33 -0022 Commencing at a point in the West line of Lot 39, Auditor's Subdivision No. 226, Hennepin County, Minnesota 100 feet South of the Northwest corner thereof; thence East parallel with North line of said Lot 39, a distance of 200 feet; thence South parallel with the West line of said Lot 39, a distance of 100 feet; thence West parallel with the North line of said Lot 39, a distance of 200 feet to the West line thereof; thence North along said West line a distance of 100 feet to the point of beginning except the West 10 feet of the North 80 feet of the above described tract. Subject to and together with an easement for public road purposes over the East 30 feet of the West 200 feet of the North 200 feet of said Lot 39 extending from the South line of the tract therein conveyed to the South line of Bass Lake Road as shown in Deed Document No. 257342, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Bein registered land as is evidenced by Certificate of Title No, 605552. PARCEL NO. 13 Common Address PIN Legal Description 5531 Sumter Avenue North 05- 118 -21 -33 -0026 That part of Lot Thirty -nine (39), Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of said Lot 39, 200 feet South of the Northwest corner thereof, which point is the point of beginning of the tract to be described; thence continuing South along said West line 100 feet; thence East and parallel to the North line of said Lot 39, 200 feet; thence North and parallel with West line of said Lot 39, 100 feet; thence West and parallel with the North line of said Lot 39, 200 feet; to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota.. Being registered land as is evidenced by Certificate of Title No. 1008531. PARCEL NO. 14 Common Address PIN Legal Description 7809 Bass Lake Road 05- 118 -21 -33 -0020 The West 70 feet, front and rear, of the East 140 feet, front and rear, of the North 243.8 feet of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, Hennepin County, Minnesota, being part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, subject to rights acquired over the North 34 feet thereof for public road, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Prope STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER APPOINTING COMMISSIONERS 1 IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES The above- entitled proceeding came on for hearing before the undersigned Judge of this Court in the Hennepin County Government Center, Minneapolis, Minnesota, on the 6th day of April, 2004, upon the Petition of the Economic Development Authority in and for the City of New Hope for the taking of certain land, buildings and other improvements (hereafter Property) under the power of eminent domain. Petitioner appeared by its attorney, Steven A. Sondrall, Esq., of the firm of Jensen & Sondrall, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota 55443. Respondents appeared by their attorneys of There were no appearances by the other Respondents named herein. 2 Having heard the evidence adduced at the hearing and the arguments of counsel, and based on all files and records herein, the Court makes the following Findings of Fact, Conclusions of Law, and Order Appointing Commissioners: FINDINGS OF FACT 1. Notice of the objects of the Petition and of the time and place of presenting the same was duly and timely served upon the Respondents named herein as indicated in the proofs of service that have been filed in the office of the Clerk of District Court. 2. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota. This proceeding is authorized by resolution of the governing body of the Economic Development Authority in and for the City of New Hope, Minnesota passed on the 26`" day of January, 2004. 3. Petitioner seeks to acquire fee title absolute to certain land, buildings and other improvements on the land located within the boundaries of a restated Redevelopment Project No. 1 and Tax Increment Financing District 03 -1, located within the boundaries of the City of New Hope, Minnesota, legally described in its Petition. Said property will be used by Petitioner for a housing redevelopment project known as the Winnetka East Area involving construction of 170 units of residential housing including 120 carriage homes and 50 condominiums to be completed in two phases in 2004 and 2005 and to fulfill Petitioner's contractual obligations with the project's developer Ryland Homes. The acquisition of such property is authorized by Minnesota Statutes, Minn. Stat. § §469.012 subd.1(6), 469.094 subd.2, and 469.101 subd.4 (2002). CONCLUSIONS OF LAW 3 1. The property to be taken and acquired is situated in the City of New Hope, County of Hennepin, State of Minnesota, and is described in the Exhibit A -1 through A -11 attached to the Petition. 2. Petitioner possesses the right of eminent domain and has properly exercised the same herein. 3. The taking described in the Petition is for a public use and purpose, is necessary and convenient in furtherance of Petitioner's plans to use the land in a housing redevelopment district and tax increment financing district, and in fulfillment of Petitioner's contractual obligations with developer Ryland Homes, and as such is authorized by law. •' 1 1 (appraiser), , (chair) and (broker) with and as (alternates), who are disinterested residents of Hennepin County, be and they hereby are appointed as commissioners of appraisal, and they shall ascertain and report the amount of damages that will be sustained by the several owners on account of the taking. The three commissioners shall file their report with the Clerk of District Court no later than one hundred eighty (180) days from the date of this Order. Said commissioners shall hold their first meeting in the office of the Clerk of District Court, Hennepin County Government Center, Minneapolis, Minnesota, at o'clock a.m. on the day of , 2004. Compensation for each of said commissioners shall be at the sum of Four Hundred Dollars ($400.00) per day and Two Hundred Dollars ($200.00) per half t,! day for each day occupied by each commissioner in the performance of said duties, the sum of Eighty Dollars ($80.00) per hour as reimbursement for administrative duties and reimbursement for mileage actually traveled in the performance of said duties shall be at the rate of thirty -six cents ($.36) for each mile traveled. IT IS FURTHER ORDERED that the estate acquired by Petitioner in the property that is the objects of the Petition shall be fee simple absolute. Dated: April ,2004. BY THE COURT: Judge of District Court P: \Attorney \SAS \1 Client Files \2 City of New Hope \99 -53074 East Winnetka condemnation \Findings and Order Appoint Commissioners.doe W STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. CD -2743 The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, Respondents. FINDINGS OF FACT, CONCLUSIONS OF .LAW AND ORDER TRANSFERRING TITLE AND POSSESSION PER MINN. STAT. §117.042 1 IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR HOUSING REDEVELOPMENT PURPOSES The above - entitled proceeding came on for hearing before the undersigned Judge of this Court in the Hennepin County Government Center, Minneapolis, Minnesota, on the 6` day of April, 2004, on Petitioner's Motion for an Order transferring to it title to and possession of the subject property described in Exhibit A -1 through A -11 attached to its Petition pursuant to Minn. Stat §117.042 (2002), the so- called "Quick- Take" law. Petitioner appeared by its attorney, Steven A. Sondrall, Esq., of the firm of Jensen & Sondrall, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota 55443. Respondents appeared by their attorney, of the firm of herein. There were no appearances by the other Respondents named Having heard the evidence adduced at the hearing and the arguments of counsel, and based on all files and records herein, the Court makes the following Findings of Fact, Conclusions of Law, and Order: 2 FINDINGS OF FACT 1. Each of the Respondents named herein was served with the Notice of Motion and Motion for an Order Transferring Title and Possession in a timely manner and according to Minn. Stat §117.042 (2002) and the Minn. Rules of Civil Procedure. 2. Petitioner is a municipal corporation duly organized and existing under the laws of the State of Minnesota and has commenced an action in eminent domain in this Court whereby it seeks fee simple absolute to the land, buildings, and all other improvements on the land (hereafter Property) legally described in Exhibit A -1 through A -11 of its Petition on file with the Court. This action was authorized by a resolution of Petitioner's governing Board adopted on January 26, 2004. 3. The Property which is the subject of this proceeding is located within the boundaries of restated Redevelopment Project No. 1 and Tax Increment Financing District 03- 1, (Special Law) and is also located within the City of New Hope, County of Hennepin, State of Minnesota. 4. Petitioner has shown that the taking is for a public use and purpose, is necessary and convenient in furtherance of housing redevelopment within the City and to fulfill Petitioner's contractual obligations with Ryland Homes, the developer of the Winnetka East Area Housing project, involves land within a housing redevelopment district and tax increment district within its areas of jurisdiction and authority, and as such is authorized by law. 5. On February 19, 2004, Petitioner served its Notice of Intention to Take Possession of the Property described in Exhibit A -1 through A -11 of its Petition prior to the filing of an award by the Court - appointed Commissioners on each of the owners of the affected Properties according to the procedure specified in Minn. Stat §117.042 (2002). 6. Petitioner seeks to acquire fee simple absolute title to the real property described in Exhibit A -1 through A -11 of its Petition. The approved appraisal value of the real property as described in said Exhibits is as follows per a resolution adopted by Petitioner's governing Board March 22, 2004: a) A -1 5434 Winnetka Ave. N. $198,000.00 b) A -2 5440 Winnetka Ave. N. $220,000.00 c) A -3 5446 Winnetka Ave. N. $200,000.00 d) A -4 4412 Winnetka Ave. N. $147,000.00 e) A -5 5540 Winnetka Ave. N. $225,000.00 f) A -6 7615 Bass Lake Road $465,000.00 g) A -7 7609 Bass Lake Road $198,000.00 h) A -8 7643 Bass Lake Road $180,000.00 i) A -9 7809 Bass Lake Road $175,000.00 j) A -10 5537 Sumter Ave. N. $168,000.00 k) A -11 5531 Sumter Ave. N. $199,000.00 7. Petitioner has a right to title and possession of the properties legally described in Exhibit A -1 through A -11 of its Petition upon its payment of its approved appraisal values as described above to the owners of the described property but not before 12:01 a.m. May 24, 2004. If Petitioner deems it necessary to deposit its approved appraisal payment with the 11 Court, Petitioner may apply to the Court for an order transferring title and possession of the involved property or properties from the owner to Petitioner. CONCLUSIONS OF LAW 1. Petitioner is authorized by law to acquire the Property described in its Petition herein under the procedures specified in Minn. Stat Chapter 117 (2002) and other law. 2. Petitioner has complied with all the legal requirements for obtaining title and possession to the Property pursuant to Minn. Stat §117.042 (2002). 3. Petitioner is entitled to title of said Property no earlier than May 24, 2004, or when Petitioner makes payment to the owners or deposits with this Court its approved appraisal values as described in paragraph 6(a) through (k) of the herein Findings of Facts, whichever is later. If any approved appraisal amount is deposited with the Court, Petitioner may concurrently apply to the Court for an order transferring title and possession of the Property or Properties involved from the owner or owners to Petitioner. WHEREFORE, the Court makes the following: ORDER TRANSFERRING TITLE AND POSSESSION IT IS ORDERED THAT Petitioner may have title and possession to the Properties described in Exhibit A -1 through A -11 of its Petition for the purposes stated therein no earlier than May 24, 2004 or when Petitioner pays the owner or deposits with the Court its approved appraisal values as set out in paragraph 6(a) through (k) of the herein Findings of Fact, whichever occurs later. Petitioner shall have possession of the Property no earlier than 12:01 a.m. on May 24, 2004. 5 IT I5 FURTHER ORDERED that if Petitioner pays directly to the owners the approved appraisal values described in paragraph 6(a) through (k) of the herein Findings of Fact, that the filing of a certified copy of this Order with the Hennepin County Recorder or Hennepin County Registrar of Titles shall, effective May 24, 2004, vest in Petitioner fee simple absolute title to said Properties, all as specified in the Petition, free of any interest held or claimed to be held by the Respondents named herein. In the event Petitioner deems it necessary to deposit the approved appraisal value with the Court, Petitioner may apply to the Court, ex parte, for an order transferring title and any interest held or claimed to be held in the Property or Properties involved by the Respondents named herein. However, Petitioner shall notify all Respondents named herein by certified mail return receipt requested that said deposit was made to Court within five (5) days of the order transferring title and possession to Petitioner. Dated: April , 2004. • • Judge of District Court P: \Attorney \SAS \l Client Files \2 City of New Hope \99 -53074 East Winnetka condemnation \Findings and Order Transferring Title.doc 6 JENS N & SONDRALL, P.A. Attorneys At Law 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 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 ' in Iowa Writer's Direct Dial No.: (763) 201 -0211 e -mail sasOjensen- sondrall.conl February 19, 2004 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Valerie Leone, City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: The Economic Development Authority in and for the City of New Hope, Minnesota v. Michael Charels Tomaszewski, et al. Our File No.: 99.11287 Dear Sir /Madam: Enclosed herewith and served upon you via Certified United States Mail, Return Receipt Requested, is the Economic Development Authority in and for the City of New Hope, Minnesota's Notice of Intention to Take Possession with regard to the above - referenced "quick - take" condemnation proceeding. Thank you for your attention to this matter. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure P: \Attorney \SAS \l Client Piles \2 City of New Hope \99- 11287\Combined Properties%006 -CNH Sm Ltr.doe STATE OF MINNESOTA COUNTY OF HENNEPIN The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, V. Michael Charles Tomaszewski, Francis T. Tomaszewski, Wells Fargo Bank, N.A., Vernon N. Arens, Martha C. Arens, The Arens Family Trust, Clifford R. Dahlman, Angeline Dahlman, Jose A. Mendez, TCF Mortgage Corporation, Bell America Mortgage LLC, d /b /a Bell Mortgage, Bremer Bank, National Association, State Farm Fire and Casualty Company, Richard S. Sucky, Barbara S. Sucky, New Hope Alano Group, Inc., a Minnesota corporation, Signal Bank National Association, Casey M. Moo, Amy P. Moo, Marquette Capital Bank, NA, Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC, U.S. Bank National Association, N.D., Beatrice Dolan, TCF National Bank, John Bockhaus, Jane Bockhaus, 20/20 Eye Care & Optics, Alphonse J. Dejno, Betty Lorraine Dejno, Marqueritte C. Hanle, World Savings Bank, FSB, Qwest Communications Corporation, a Delaware corporation, Qwest Corporation, a Colorado corporation, Xcel Energy Inc., a Minnesota corporation, Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp., a Delaware corporation, City of New Hope, a Minnesota municipal corporation, and County of Hennepin, a Minnesota municipal corporation, John Doe, an unknown person and Mary Roe, an unknown person, FOURTH JUDICIAL DISTRICT Case Type: Condemnation Court File No. NOTICE OF INTENTION TO TAKE POSSESSION Respondents. TO: ALL PERSONS NAMED IN EXHIBITS A -1 THROUGH A -11 ATTACHED HERETO AND MADE A PART HEREOF: PLEASE TAKE NOTICE: Minn Statutes § 117.042, as amended, provides as follows: Whenever the petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court - appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all cases, petitioner has the right to the title and possession after the filing of the award by the court- appointed commissioners as follows: (a) if appeal is waived by the parties upon payment of the award, (b) if appeal is not waived by the parties upon payment of deposit of three fourths of the award. The amount deposited shall be deposited by the clerk of court in an interest bearing account no later than the business day next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited. Nothing in this section shall limit rights granted in Section 117.155. In accordance with the statute just quoted, the Economic Development Authority in and for the City of New Hope (hereafter "Petitioner ") hereby gives notice that it intends to take title and possession to the real estate described in Exhibits A -1 through A -11 attached hereto (the "Properties "), effective May 24, 2004 (the "Quick Take Date ") If good and marketable title to said Properties are presented to the Petitioner by the owners of said Properties prior to the Quick Take Date, then the Petitioner's approved appraisal of value may be paid by the Petitioner directly to the owners of the Properties to be Fa apportioned among them as they may stipulate. In the alternative, Petitioner will bring before the Court a motion asking for an Order permitting the Petitioner to deposit its approved appraisal amount into Court. Such deposit into Court will thereby transfer title and right to possession of the Properties to the Petitioner, effective the Quick Take Date. Neither payment to the owners as aforesaid nor deposit into Court as aforesaid, pursuant to Minnesota Statutes § 117.042, as amended, shall prejudice or affect the right of owners to contend for further payment in this proceeding. Notwithstanding anything to the contrary contained herein, should tests or evaluations undertaken by or on behalf of Petitioner indicate the possible presence of pollutants, contaminants or hazardous substances on the Properties, inclusive, Petitioner reserves the right to claim and recover any and all losses, damages, remediation costs, investigation costs, etc., caused by such possible presence of pollutants, contaminants or hazardous substances. Dated: February C , 2004. JENSEN & SONDRALL, P.A. By: Steven A. Sondrall, #103391 Attorney for Petitioner 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:\Attorney \SAS \l Client Files \2 City of New Hope \99- 11287\quick take notice form4.doc 3 EXHIBIT A -1 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 1. 5434 Winnetka Avenue North The North Seventy (70) feet of the South Four Hundred 05- 118 -21 -33 -0014 • Wells Fargo Bank, N.A. Fifty (450) feet, except road, according to the recorded • City of New Hoe Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota, Lot thirty -eight (38), Auditors Subdivision Possible Easement • Qwest Corporation No. Two Hundred Twenty -Six (226). • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Abstract Propert County of Hennepin INTERESTED PARTIES NATURE OF INTEREST • Michael Charels Tomaszewski Fee Owner • Francis T. Tomaszewski Life Estate • Wells Fargo Bank, N.A. Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -2 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 2. 5440 Winnetka Avenue North North 70 feet of South 520 feet of Lot 38, Auditor's 05- 118 -21 -33 -0015 • The Arens Family Trust Subdivision Number 226, according to the recorded • City of New Hoe Easement plat thereof, and situate in Hennepin County, Xcel Energy Possible Easement • Minnesota. Possible Easement • Qwest Corporation Abstract Propert • INTERESTED PARTIES NATURE OF INTEREST • Vernon N. Arens Fee Owner • Martha C. Arens Fee Owner • The Arens Family Trust Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -3 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 3. 5446 Winnetka Avenue North The North 70 feet of the South 590 feet of Lot 38, 05- 118 -21 -33 -0016 • City of New Hoe Auditor's Subdivision No. 226, according to the • Xcel Energy Possible Easement recorded plat thereof, and situate in Hennepin County, Qwest Communications Corporation Possible Easement • Minnesota. Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Ca Abstract Propert • INTERESTED PARTIES NATURE OF INTEREST • Clifford R. Dahlman Fee Owner • Angeline Dahlman Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Ca Possible Easement • County of Hennepin I Real Estate Taxes EXHIBIT A -4 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 4. 5512 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0006 • Bell America Mortgage LLC - DBA Bell Mortgage of the Southwest Quarter of Section 5, Township 118, • Bremer Bank, National Association Mortgage Range 21, West of the Fifth Meridian lying South of State Farm Fire and Casualty Company Jud ment Creditor • the North 513.80 feet front and rear and North of the Easement • Xcel Energy South 760.02 feet front and rear, being a part of Lot • Qwest Communications Corporation Possible Easement 38, Auditor's Subdivision Number 226, Hennepin Qwest Corporation Possible Easement • County, Minnesota. Possible Easement • County of Hennepin Abstract Propert INTERESTED PARTIES NATURE OF INTEREST • Jose A. Mendez Fee Owner • TCF Mortgage Corporation Mortgage • Bell America Mortgage LLC - DBA Bell Mortgage Mortgage • Bremer Bank, National Association Mortgage • State Farm Fire and Casualty Company Jud ment Creditor • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes 1 O 1I I 31i 1I� Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 5. 5540 Winnetka Avenue North That part of the West 10 acres of the Southwest Quarter 05- 118 -21 -33 -0007 • City of New Hoe of the Southwest Quarter of Section 5, Township 118, • Xcel Energy Possible Easement North Range 21, West of the 5' Principal Meridian, Qwest Communications Corporation Possible Easement • Hennepin County, Minnesota, described as follows: Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Commencing at a point on the West line of said West • County of Hennepin Real Estate Taxes 10 acres of the Southwest Quarter of the Southwest Quarter, distant 1100 feet North from the Southwest corner thereof; thence North along said West line, 90 feet; thence East parallel with the South line thereof, 160 feet; thence South parallel with the West line thereof, 90 feet; thence West parallel with the South line thereof, 160 feet to the point of beginning, now being a part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota. Abstract Propert INTERESTED PARTIES NATURE OF INTEREST • Richard S. Sucky Fee Owner • Barbara S. Sucky Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -6 Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. • Signal Bank National Association Mortgage 6. 7615 Bass Lake Road The North 202.2 feet of the East 150 feet of the West 800 05- 118 -21 -33 -0028 Xcel Energy Possible Easement feet of Lot 39, Auditor's Subdivision No. 226, Hennepin Qwest Communications Corporation Possible Easement • County, Minnesota. Possible Easement INTERESTED PARTIES NATURE OF INTEREST • New Hoe Alano Group, Inc., a Minnesota corporation Fee Owner • Signal Bank National Association Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Ca Possible Easement • County of Hennepin Real Estate Taxes J Legal Description and Ownership Interest PARCEL ADDRESS LEGAL DESCRIPTION PID NO. • Amy P. Moo Fee Owner 7. 7609 Bass Lake Road Tracts C and D, Registered Land Survey No. 848, 05- 118 -21 -33 -0089 Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC Mortgage Hennepin County, Minnesota. Being registered land as U.S. Bank National Association, N.D. Mortgage • is evidenced by Certificate of Title No. 1042019, Easement INTERESTED PARTIES NATURE OF INTEREST • Casey M. Moo Fee Owner • Amy P. Moo Fee Owner • Marquette Capital Bank, NA Mortgage • Mortgage Electronic Registration Systems, Inc., as nominee for Regents Mortgage, LLC Mortgage • U.S. Bank National Association, N.D. Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -8 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 8. 7643 Bass Lake Road That part of Lot 39, Auditor's Subdivision Number 05- 118 -21 -33 -0023 • City of New Hoe 226, Hennepin County, Minnesota, described as • Xcel Energy Possible Easement follows: Commencing at a point 410 feet East of the Qwest Communications Corporation Possible Easement • Northwest corner thereof; thence East along the North Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co line a distance of 90 feet; thence South parallel with the • County of Hennepin Real Estate Taxes West line of said lot, a distance of 235.2 feet; thence West parallel with North line of said lot a distance of 90 feet, thence North parallel with the West line of said lot 235.2 feet to the point of beginning. Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 244093. INTERESTED PARTIES NATURE OF INTEREST • Beatrice Dolan Fee Owner • TCF National Bank Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -9 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 9. 7809 Bass Lake Road The West 70 feet, front and rear, of the East 140 feet, 05- 118 -21 -33 -0020 • 20/20 Eye Care & Optics front and rear, of the North 243.8 feet of the West 10 • City of New Hoe Easement acres of the Southwest Quarter of the Southwest Xcel Energy Possible Easement • Quarter of Section 5, Township 118, Range 21, Possible Easement Qwest Corporation Hennepin County, Minnesota, being part of Lot 38, • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement Auditor's Subdivision No. 226, Hennepin County, County of Hennepin Real Estate Taxes Minnesota, subject to rights acquired over the North 34 feet thereof for public road, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Propert INTERESTED PARTIES NATURE OF INTEREST • John Bockhaus Fee Owner • Jane Bockhaus Fee Owner • 20/20 Eye Care & Optics Tenant /Lessee • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -10 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 10. 5537 Sumter Avenue North Commencing at a point in the West line of Lot 39, 05- 118 -21 -33 -0022 • City of New Hoe Auditor's Subdivision No. 226, Hennepin County, • Xcel Energy Possible Easement Minnesota 100 feet South of the Northwest corner Qwest Communications Corporation Possible Easement • thereof; thence East parallel with North line of said Lot Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co 39, a distance of 200 feet; thence South parallel with • County of Hennepin Real Estate Taxes the West line of said Lot 39, a distance of 100 feet; thence West parallel with the North line of said Lot 39, a distance of 200 feet to the West line thereof; thence North along said West line a distance of 100 feet to the point of beginning except the West 10 feet of the North 80 feet of the above described tract. Subject to and together with an easement for public road purposes over the East 30 feet of the West 200 feet of the North 200 feet of said Lot 39 extending from the South line of the tract therein conveyed to the South line of Bass Lake Road as shown in Deed Document No. 257342, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 605552. INTERESTED PARTIES NATURE OF INTEREST • Alphonse J. Deno Fee Owner • Betty Lorraine Deno Fee Owner • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Co Possible Easement • County of Hennepin Real Estate Taxes EXHIBIT A -11 Legal Description and Ownership Interest PARCEL NO. ADDRESS LEGAL DESCRIPTION PID 11. 5531 Sumter Avenue North That part of Lot Thirty -nine (39), Auditor's Subdivision 05- 118 -21 -33 -0026 • City of New Hoe Number 226, Hennepin County, Minnesota, described • Xcel Energy Possible Easement as follows: Commencing at a point on the West line of Qwest Communications Corporation Possible Easement • said Lot 39, 200 feet South of the Northwest corner Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. thereof, which point is the point of beginning of the • County of Hennepin Real Estate Taxes tract to be described; thence continuing South along said West line 100 feet; thence East and parallel to the North line of said Lot 39, 200 feet; thence North and parallel with West line of said Lot 39, 100 feet; thence West and parallel with the North line of said Lot 39, 200 feet; to the point of beginning, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Being registered land as is evidenced by Certificate of Title No. 1008531. INTERESTED PARTIES NATURE OF INTEREST • Mar ueritte C. Hanle Fee Owner • World Savings Bank, FSB Mortgage • City of New Hoe Easement • Xcel Energy Possible Easement • Qwest Communications Corporation Possible Easement • Qwest Corporation Possible Easement • Centerpoint Energy Minnegasco, a division of Centerpoint Energy Resources Corp. Possible Easement • County of Hennepin Real Estate Taxes