Loading...
IP #1007 C&B destroy 2029PROJECT NO. 1007 7303 62nd Ave N (scattered site) - $160,000 EDA Res. 8/28/17 Resolution approving purchase agreement for the acquisition of 7303 62nd Avenue North 2017-17 (improvement project no. 1007) EDA Res. 1/8/18 Resolution approving contract with JACON, LLC for demolition of site improvements, 2018-01 utility work, tree removal, well sealing and site grading of 7303 62nd Avenue North (improvement project no. 1007) EDA Res. 3/12/18 Resolution approving purchase and redevelopment agreement with Tollberg Homes, 2018-03 LLC, for the sale of 7303 62nd Avenue North (Improvement Project No. 1007) Request for Action August 28, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Aaron Chirpich, CD Specialist Agenda Section EDA Item Number 6 Agenda Title Resolution approving purchase agreement for the acquisition of 7303 62nd Avenue North (improvement project no. 1007) Requested Action Staff requests the EDA to authorize entering into a Purchase Agreement for the acquisition of 7303 62nd Avenue North, for $132,900 (purchase price) plus any associated fees. Policy/Past Practice In the past, the EDA has successfully acquired vacant distressed properties as part of the city's scattered site housing program. 7303 62nd Avenue The EDA has directed community development staff to pursue the acquisition of distressed and functionally obsolete single-family homes as part of the city's scattered site housing program. 7303 62nd Avenue is located in one of the EDA's priority redevelopment neighborhoods, just east of the recently completed Compass Pointe apartment project. The homes in this area are some of the smallest and oldest in city, and 7303 62nd Avenue is no exception, as it was built in 1952 with just over 700 square feet of living space on the main floor. The home has not seen many upgrades since built, and does not meet the expectations of many buyers in the market. Rehabilitation of the home does not make economic sense, as adding on to the home would prove cost prohibitive. Staff feels that the best use of the home and site would be demolition to facilitate the construction of a new single-family home. The lot is 65 feet wide, and therefore narrower than the average 75- foot New Hope lot. However, it is big enough to accommodate a variety of the new home designs that the EDA has seen in recent proposals for the sale of EDA owned lots. Staff became aware of the opportunity when a point of sale inspection was ordered on the home. Following the inspection, staff reached out to the owner to discuss pricing. At the time, the home was not yet listed for sale on the MLS. The seller indicated that they were willing to hold off from listing the home and work directly with the EDA if the EDA was willing to pay the expected list price of $132,900 for the home. Staff feels strongly that the anticipated listing price would attract investors looking to convert the home into a rental property. Rather than risk competition on the open market, staff agreed to submit a full price offer of $132,900. The offer was made contingent upon EDA approval and environmental clearance by Hennepin County. Funding Funding for the acquisition and all costs associated with demolition of this home will come from EDA reserves. The EDA will be reimbursed with CDBG grant funds for eligible expenses at a later date. I:\ RFA\COMM DEV \Development \Q & R - 7303 62nd Ave Acquisition 8-28-17.docx Request for Action, Page 2 Recommendation Staff is seeking approval of the acquisition of 7303 62ndAvenue. Staff recommends the EDA approve the attached resolution prepared by the City Attorney and terms of the attached purchase agreement. Attachments ■ Resolution Project Budget ■ County Tax Information • Location Map Pictures of Home Sample Lot Layout ■ Purchase Agreement CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 17-17 RESOLUTION APPROVING PURCHASE AGREEMENT FOR THE ACQUISITION OF 7303 62°d AVENUE NORTH (IMPROVEMENT PROJECT NO. 1007) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope ("EDA") as follows: WHEREAS, on September 22, 2014, the City Council adopted Resolution No.14-126 at the City Council meeting authorizing City community development staff to actively pursue the acquisition of distressed single family homes for potential purchase by the EDA, as part of the City's scattered site housing program; WHEREAS, the City Council has directed City staff to negotiate for the terms most favorable to the City and EDA, and the execution of purchase agreements so as to secure purchase rights for these real properties, contingent on the review and approval of the EDA to the terms of the purchase agreements; WHEREAS, City staff have identified the opportunity to purchase certain real property located at 7303 62"d Avenue North, New Hope, MN, P.I.D. 05-118-21-21-0010, and legally described on the attached Exhibit "A" (the "Property") from Donna M. Smith ("Seller"); WHEREAS, the Property is currently occupied by a tenant; WHEREAS, the house located on the Property was built in 1952 and has a functionally obsolete floor plan and is in need of substantial rehabilitation and renovation due to deferred maintenance and general lack of upgrades, and a failing foundation; WHEREAS, City staff believes that the best use of the Property is demolition in order to maximize the tax base by making the lot available for the development of a new residential housing unit; WHEREAS, the Property will be acquired with EDA funds; WHEREAS, it is in the best interest of the EDA to purchase the Property from Donna M. Smith, in order to redevelop the Property in accordance with the City's scattered site housing program and policy; and WHEREAS, City staff is hereby seeking approval from the EDA of the Purchase Agreement, subject to the review and approval by the City Attorney of proper title evidence and other terms relating to the closing on the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. It is in the best interest of the EDA to purchase the Property for demolition and redevelopment in accordance with the City's scattered site housing program and policy. 3. That the purchase of the Property by EDA from Seller, for a sum of $132,900.00, with other terms and conditions as set forth in the Purchase Agreement attached hereto as Exhibit A, is approved subject to the review and approval by the City Attorney of proper title evidence and other terms relating to the closing on the sale of the Property. 4. The City and EDA shall use due diligence for demolishing the structure located on the Property and conducting any necessary cleanup of the Property to pursue redevelopment and return the Property to the tax rolls for the benefit of all taxing jurisdictions. 5. The President and Executive Director and the New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the purchase of the Property in accordance with the Purchase Agreement. Dated the 28" day of August, 2017, Kathi Hem en, Pr sa ent Attest: Kirk McDonald, Executive Director P:Wttorney\SAS\l Client Files\2 City of New Hope\99-11419 7303 62nd Ave. N\Resolution approving purchase.docx EXHIBIT -�k- Le rri f vet 3 .0' ?�r.[L Lying and oeia !r ice GzGtia o�../F wwwo_ ` and Siaae 'If fcnncaala, d&,o ibei ca �'oB avua�to rof� ! j{ The 'rlest 66- 2f3 iart co the pa—t -ar ;:ae rapt 36' � ie'ie 3dathwwst 1/ 3 1� feet =F t�s �le±Jitaes -nf �1 of Socticc :, Tc;wnrd l l ddserihed line; Fieg,nr-nx ss z �aiat is he�C nze�- 2i�e�o ;h p seef $he r�] uiri!1 :est SOL'taerlY €Ien9 said ranter Ilne f, hca3 di3eai s o� ima rerseCtxgr. �i h ;,fie Nox :h 1 life nS saia 5estior. 5, E;;zte.'_r �a a ao-�rrt _cia gairsi is desc `ysd as S�iio�8: 869irsrninM at a -noirE i r. the oa vz -gym of said Sec .iQz dish ,t 6ts4,5 iePt East c£ S the irtiersacti cn Of s aim Rio: h 1-ire F. v a: tie Ha vts�e�t 1{L: thenc. � :he Nag-mzs� -o^ner aS s'i3 Forvkeast 1 dsi`_sc�3n� a she _xr-t iQf:c 40amci n zrzc(; Scwttswes—erZq } 28 .5 °eet aa3fs �o.sr; �*xcan� .he. He; reIy ; j =eje. aeccr:i g va the �� un?ts•� S:.z�e4 4doe�`�eri'a"u:�r ;.Rer�f :-�` l �: Authentisign ID: AFBBA4FA-BFID-4A24-BDOB-14C5B34BA124 BURNET CBBURNET.com •,nw rm •�.,r +.yni PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORSO, which disclaims any liability arising out of use or misuse of this form. © 2017 Minnesota Association of REALTORS®, Edina, MN 1. Date 08/2112017 2. Pagel 3. BUYER (S): Economic Development Authority in and for the City of New Hope 4. 5. Buyer's earnest money in the amount of 6 Two Thousand Dollars ($ 2,000.00 7. shall be delivered to listing broker, or, if checked, to[❑ no later than two (2) Business ---------------------------------("Earnest Money 8. Days after Final Acceptance Date of this Purchase Agreement. Buyer and Seller agree that earnest money shall be 9. deposited in the trust account of Earnest Money Holder as specified above within three (3) Business Days of receipt 10, of the earnest money or Final Acceptance Date of this Purchase Agreement, whichever is later. 11. Said earnest money is part payment for the purchase of the property located at 12. Street Address: 7303 62nd Ave N 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27, 28. 29. 30. 31. 32. City of New Hope , County of Hennepin State of Minnesota, legally described as DNPLATTED 05 126 21 If �,. 2/3 FT OF E 663 1/3 FT OF THAT PART OF HE 114 OF NW 1/4 LYING N OF POL DESC LINE CON AT A PT IN THE CTR LINE OF OSSEO RD DIE 275 611100 FT RELY FROM ITS INTEROEC NITS THE N LINE OF SEC TR E TO A PT DESC AS FOL CON AT A PT IN THE N LINE OF EEC DIS 644 5/10 FT E FROM THE NE COR OF RN 1/4 TH DEFLECTING ONLY 104 DEC 40 NIN TO THE RT 269 6/10 PT TO SAID PT EX ROAD Said purchase shall include all improvements, fixtures, and appurtenances on the property, if any, including but not limited to, the following (collectively the "Property"): garden bulbs, plants, shrubs, trees, and lawn watering system; shed; storm sash, storm doors, screens, and awnings; window shades, blinds; traverse, curtain, and drapery rods, valances, drapes, curtains, window coverings, and treatments; towel rods; attached lighting and bulbs; fan fixtures; plumbing fixtures; garbage disposals; water softener; water treatment system; water heating systems, heating systems; air exchange system; environmental remediation system (e.g., radon, vapor intrusion); sump pump; TV antenna/cable TV jacks and wiring/TV wall mounts; wall/ceiling-mounted speakers and mounts; carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, door, and heatilators; BUILT-INS: dishwashers; refrigerators; wine/beverage refrigerators; trash compactors; ovens; cook -top stoves; warming drawers; microwave ovens; hood fans; shelving; work benches; intercoms; speakers; air conditioning equipment; electronic air filter; humidifier/dehumidifier; liquid fuel tanks (and controls); pool/spa equipment; propane tank (and controls); security system equipment;TV satellite dish; AND the following personal property shall be transferred with no additional monetary value, and free and clear of all liens and encumbrances: Notwithstanding the foregoing, leased fixtures are not included. Notwithstanding the foregoing, the following item(s) are excluded from the purchase: 33. PURCHASE PRICE: 34. Seller has agreed to sell the Property to Buyer for the sum of ($ 132 , 900.0 o ) 35, One Hundred Thirty -Two Thousand Nine Hundred Dollars, 36. which Buyer agrees to pay in the following manner: 37. 1. 3.00 percent (%) of the sale price in CASH, or more in Buyer's sole discretion, which includes the earnest 38. money; 39. 2. percent (%) of the sale price in MORTGAGE FINANCING. (See following Mortgage Financing section.) 40. 3. percent (%} of the sale price by ASSUMING Seller's current mortgage. (See attached Addendum to 41. Purchase Agreement. Assumption Financing.) 42. 4. percent (%) of the sale price by CONTRACT FOR DEED. (See attached Addendum to Purchase 43. Agreement. Contract for Deed Financing.) 44. CLJOSING DATE: 45. The date of closing shall be on or before Dec let , 20 17 MN:PA-1 (8117) Instoneltor•v..s Authentisign ID: AFBBA4FA-BF1D-4A24-BD08-14C5B34BA124 t I li 4 BURNET PURCHASE AGREEMENT CBBURNET.com 46. Page 2 Date . oa1ax12ni� 47. Property located at 7303 62nd Ave N New Hope MN 55428 48. MORTGAGE FINANCING: 49, This Purchase Agreement ❑ IS ❑K IS NOT subject to the mortgage financing provisions below. If IS, complete the •-----(Check one.}---- 50. MORTGAGE FINANCING section below. If IS NOT, proceed to the SELLER'S CONTRIBUTIONS TO BUYER'S 51, COSTS section. 52. Such mortgage financing shall be: (Check one.) 53. ❑ FIRST MORTGAGE only ❑ FIRST MORTGAGE AND SUBORDINATE FINANCING. 54. Buyer shall apply for and secure, at Buyer's expense, a: (Check all that apply.) 55. ❑ CONVENTIONAL 56. ❑ DEPARTMENT OF VETERANS' AFFAIRS ("DVA") GUARANTEED 57. ❑ FEDERAL HOUSING ADMINISTRATION ("FHA") INSURED 58. ❑ MINNESOTA HOUSING FINANCE AGENCY ("MHFA") 59. ❑ PRIVATELY INSURED CONVENTIONAL 60. ❑ UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") RURAL DEVELOPMENT 61. ❑ OTHER - - 62. mortgage in the amount stated in this Purchase Agreement, amortized over a period of not more than 63. years, with an initial interest rate at no more -. percent (%) per annum. The mortgage application IS TO 64. BE MADE WITHIN FIVE (5) BUSINESS DAYS after the Final Acceptance Date of this Purchase Agreement. Buyer 65. agrees to use best efforts to secure a commitment for such financing and to execute all documents required to 66. consummate said financing. 67. MORTGAGE FINANCING. CONTINGENCY, This Purchase Agreement is contingent upon the following and applies 68. to the first mortgage and any subordinate financing. (Check one.) 69. ❑ If Buyer cannot secure the financing specified in this Purchase Agreement, and this Purchase Agreement does not 70. close on the closing date specified, this Purchase Agreement is canceled. Buyer and Seller shall immediately 71. sign a Cancellation of Purchase Agreementconfirming said cancellation and directing all earnest money paid here to be 72. ❑ REFUNDED TO BUYER U FORFEITED TO SELLER. 73. NOTE: If this Purchase Agreement is subject to DVA or FHA financing, FORFEITEDTO SELLER maybe prohibited. 74. See the following DVA and FHA Escape Clauses. 75, ❑ Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on 76. or before - , 20 77. For purposes of this Contingency, "Written Statement' means a Written Statement prepared by Buyer's mortgage 78. originator(s) or lender(s) after the Final Acceptance Date that Buyer is approved for the loan(s) specified in this 79. Purchase Agreement, including both the first mortgage and any subordinate financing, if any, and stating that an 80. appraisal, satisfactory to the lender(s), has been completed and stating conditions required by lender(s) to close 81, the loan. 82. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, the obligation for 83. satisfying all conditions required by mortgage originator(s) or lender(s), except those conditions specified below, 84. are deemed accepted by Buyer: 85. (a) work orders agreed to be completed by Seller; 86, (b) any other financing terms agreed to be completed by Seller here; and 87. (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement. 88. Upon delivery of the Written Statement, if this Purchase Agreement does not close on the stated closing date for 89. ANY REASON relating to financing, including, but not limited to interest rate and discount points, if any, then Seller 90. may, at Seller's option, declare this Purchase Agreement canceled, in which case this Purchase Agreement is 91. canceled. If Seller declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 92. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 93. forfeited to Seller as liquidated damages. In the alternative, Seller may seek all other remedies allowed by law. MNTA-2 (8/17) InstonetfoP vr,e Authenti sign ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 '."L.•IIIQ BLi ltNL.1 CBSURNET.com 95. Property located at 7303 62nd Ave N PURCHASE AGREEMENT 94. Page 3 Date - New 08/21/20 MR 55428 96. Notwithstanding the language in the preceding paragraph, Seller may not declare this Purchase Agreement canceled 97. if the reason this Purchase Agreement does not close was due to: 98. (a) Seller's failure to complete work orders to the extent required by this Purchase Agreement; 99. (b) Seller's failure to complete any other financing terms agreed to be completed by Seller here; or 100. (c) any contingency for the sale and closing of Buyer's property pursuant to this Purchase Agreement, except as 101. specified in the contingency for sale and closing of Buyer's property. 102. If the Written Statement is not provided by the date specified on line 76, Seller may, at Seller's option, declare this 103. Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, 104. in which case this Purchase Agreement is canceled. In the event Seller declares this Purchase Agreement canceled, 105. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 106. directing all earnest money paid here to be refunded to Buyer. 107. If the Written Statement is not provided, and Seller has not previously canceled this Purchase Agreement, this 108. Purchase Agreement is canceled as of the closing date specified in this Purchase Agreement. Buyer and Seller 109. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 110. money paid here to be refunded to Buyer. 111. LOCKING OF MORTGAGE INTEREST RATE "RATE" ): The Rate shall be locked with the lender(s) by Buyer: 112. (Check one.) 113. ❑ WITHIN FIVE (5) BUSINESS DAYS OF FINAL ACCEPTANCE DATE OFTHIS PURCHASE AGREEMENT; OR 114. ❑ AT ANYTIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER(S). 115. LENDER COMMITMENT WORK( ORDERS: Nothing in this Purchase Agreement shall be construed as a warranty 116. that Seller shall make repairs required by the lender commitment. However, Seller agrees to pay up to 117. $ to make repairs as required by the lender commitment. If the lender commitment 118. is subject to any work orders for which the cost of making said repairs shall exceed this amount, Seller shall have the 119. following options: 120. (a) making the necessary repairs; or 121. (b) negotiating the cost of making said repairs with Buyer; or 122. (c) declaring this Purchase Agreement canceled, in which case this Purchase Agreement is canceled. Buyer and Seller 123. shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 124. money paid here to be refunded to Buyer, unless Buyer provides for payment of the cost of said repairs or escrow 125, amounts related thereto above the amount specified on line 117 of this Purchase Agreement. 126. ❑ SELLER ❑ BUYER agrees to pay any reinspection fee required by Buyer's lender(s). 127. FHA ESQAPE CLAUSE (FHA Financingonly): "it is expressly agreed that, notwithstanding any other provisions 128. of this contract, the purchaser shall not be obligated to complete the purchase of the Property described here or to incur 129. any penalty by forfeiture of earnest money deposits or otherwise, unless the purchaser has been given in accordance 130. with the Department of Housing and Urban Development ("HUD")/FHA or DVA requirements a written statement by the 131. Federal Housing Commissioner, Department of Veterans' Affairs, or a Direct Endorsement lender setting forth the 132. appraised value of the Property as not less than $ (sale price) 133. The purchaser shall have the privilege and option of proceeding with consummation of the contract without regard 134. to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage 135. HUD will insure; HUD does not warrant the value nor the condition of the Property. The purchaser should satisfy himself/ 136. herself that the price and condition of the Property are acceptable" 137. kENUER IPROCEIhlraEE FHA DVA Financing : Seller agrees to pay Buyer's closing fees and 138. miscellaneous processing fees which cannot be charged to Buyer, not to exceed $ 139. This amount is in addition to Seller's Contributions to Buyer's Costs, if applicable. MN:PA-3 (8/17) InstcnetFor�­ Authentlsign ID: AFBBA4FA-BFID-4A24-BDOB-14CSB34BA124 BURNET f CSBURNET.com 141. Property located at 7303 62na Ave N PURCHASE AGREEMENT 140. Page 4 Date 08 2t 2oz7 New Hope MN S5428 142. ayA FUNDING FEE (DVA: Pursuant to federal regulations, a one-time Funding Fee must be paid 143. at the closing of this transaction as follows: 144, 145. paid by Buyer ❑ AT CLOSING ❑ ADDED TO MORTGAGE AMOUNT -•-- - ---------- ..(Check ona.)...... ......... ..... ......... .__........-.._. paid by Seller 146. NOTE: DVA regulations limit the fees and charges Buyer can pay to obtain a DVA loan. 147. DEPARTMENT OF 1rETERANS' AFFAIRS t=SC&pE c uSE DVA Financin only), "it is expressly agreed that, 148. notwithstanding any other provisions of this contract, the purchaser shall not incur any penalty by forfeiture of earnest 149. money or otherwise be obligated to complete the purchase of the Property described here, if the contract purchase 150, price or cost exceeds the reasonable value of this Property established by the Department of Veterans' Affairs. The 151. purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without 152. regard to the amount of reasonable value established by the Department of Veterans' Affairs" 153. NOTE: Verify DVA requirements relating to payment of all special assessments levied and pending, and 154. annual installments of special assessments certified to yearly taxes. 155. OTHER-bAQRTGAGE FINANCINGITEMS: 156. 157. SELLER'S CONTRIBUTIONS TO BUYER'S COSTS: 158. Seller ❑ IS ®IS NOT contributing to Buyer's costs. If answer is IS, Seller agrees to pay at closing, up to: (Check one.) -----(Check one.)------- 159. ❑ $ 160. ❑- percent (%) of the sale price 161. ❑ _- percent (%) of the mortgage amount 162. towards Buyer's closing fees, title service fees, title searches, title examinations, abstracting, lender's title insurance, 163. owner's title insurance, prepaid items, other Buyer's costs allowable by lender, if any, and/or mortgage discount points. Any 164. amount of Seller's contribution that exceeds Buyer's allowable costs, or which cannot be used because Seller's 165. contribution exceeds the maximum Seller contribution allowed by law or by mortgage requirements, shall be retained I AA by Seller. 167. NOTE: The amount paid by Seller cannot exceed the maximum Seller contribution allowed by FHA, DVA, or 168. lender. All funds paid by Seller on behalf of Buyer must be stated on the Closing Disclosure at closing. 169. INSPECTIONS: 170. Buyer has been made aware of the availability of Property inspections. Buyer[:] Elects ® Declines to have a Property ---------- -(Che* 171. inspection performed at Buyer's expense. 172. This Purchase Agreement ❑ IS ® IS NOT contingent upon any inspection(s) of the Property obtained by Buyer to -_ -.(Check one.)----- 173. determine its condition, including any non -intrusive testing or any intrusive testing as allowed pursuant to this Purchase 174. Agreement. Any inspection(s) or test(s) shall be done by an inspector(s) or tester(s) of Buyer's choice. Buyer shall 175. satisfy Buyer as to the qualifications of the inspector(s) or tester(s). For purposes of this Purchase Agreement, 176. "intrusive testing" shall mean any testing, inspection(s), or investigation(s) that changes the Property from its original 177. condition or otherwise damages the Property. 178. Seller ❑ DOES ] DOES NOT agree to allow Buyer to perform intrusive testing or inspection(s). (Check one.}-___.__.-. 179. If answer is DOES, Buyer agrees that the Property shall be returned to the same condition it was in prior to Buyer's 180. intrusive testing at Buyer's sole expense. 181. Seller will provide access to attic(s) and crawlspace(s). MN:PA-4 (8/17) Instanetr c*,m-s Authentisign ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 'a' y.�ll cJF . .la BURNET PURCHASE AGREEMENT CBBURNET.com --1 182. Page 5 Date 0e 21 2017 183. Property located at __ 7303 62nd Ave N New Hope MN 55426 184. All inspection(s), test(s), and resulting negotiations, if any, shall be done within Calendar Days of Final 185. Acceptance Date of this Purchase Agreement ("Inspection Period"). Buyer may cancel this Purchase Agreement based 186. on the inspection(s) or test result(s) by providing written notice to Seller, or licensee representing or assisting Seller, of 187. Buyer's intent to cancel no later than the end of the Inspection Period. It Buyer cancels this Purchase Agreement, 188, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 189. directing all earnest money paid here to be refunded to Buyer. If Buyer does not cancel this Purchase Agreement before 190. the end of the Inspection Period, then this Inspection Contingency shall be deemed removed and this Purchase 191. Agreement shall be in full force and effect. 192. Seller, or licensee representing or assisting Seller, ❑ SHALL ❑ SHALL NOT have the right to continue to offer (ChBck one.} 193. the Property for sale until this Inspection Contingency is removed. 194. OTHER INSPECIION ITEMS: 195. 196, 197. 198. SALE OF BUYER'PROPERTY: 199. (Check one.) 200. ❑ 1. This Purchase Agreement is subject to an Addendum to Purchase Agreement: Sale of Buyer's Property 201. Contingency for the sale of Buyer's property. (If checked, see attached Addendum.) 202, OR 203. ❑ 2. This Purchase Agreement is contingent upon the successful closing on the Buyer's property located at 204 _ __ , which is scheduled to close on 205. _ 20 pursuant to a fully executed purchase agreement. If Buyer's 206. property does not close by the closing date specified in this Purchase Agreement, this Purchase Agreement 207. is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said 208. cancellation and directing all earnest money paid here to be refunded to Buyer. The language in this paragraph 209. supersedes any other provision to the contrary in any financing contingency made a part of this Purchase 210, Agreement, if applicable. 211. OR 212, R] 3. Buyer represents that Buyer has the financial ability to perform on this Purchase Agreement without the sale 213. and closing on any other property. 214. REAL ESTATETAXESISPECIAL ASSESSMENTS: 215. REAL ESTATE TAXES: Seller shall pay on the date of closing all real estate taxes due and payable in all prior years 216. including all penalties and interest. 217. Buyer shall pay 0 PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due ...._•-•• ... ........... --•--•--•---•....................._.r0l6&one.}-------•----------------........ __.......... _. _ 218. and payable in the year of closing. 219, Seller shall pay ® PRORATED TO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes due and fChedrone. --- --------------- _....------ ----------- --- _�_... 220. payable in the year of closing. 221. If the Property tax status is a part- or non -homestead classification in the year of closing, Seller❑ SHALL R] SHALL NOT ----------• rcne�r ono.r - - - 222. pay the difference between the homestead and non -homestead. 223. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which 224. is not otherwise here provided. No representations are made concerning the amount of subsequent real estate taxes. MN:PA-5 (8l17) Instanetro�.ms Authentisign ID: AFBBA4FA-BF1D-4A24.8D08-14C5B34BA124 4.L 4 BURNET CBBURNET.com 226. Property located at 7303 62nd Ave N 227DEFERRED TAX ES/SP£CIALASSESS MENTS: PURCHASE AGREEMENT 225. Page 6 Date 0812112017 New Hone MN 55428 228. ❑ BUYER SHALL PAY © SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green ------------------------------(Check one.)-- --- ------ --------------- ------ 229. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 230. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING © SELLER SHALL PAY ON (Check one.) ------------ ---------- -- ._... - - --------•-------------------- 231. DATE OF CLOSING all installments of special assessments certified for payment, with the real estate taxes due and 232, payable in the year of closing. 233. ® BUYER SHALL ASSUME ❑ SELLER SHALL PAY on date of closing all other special assessments levied as _...- 234. of the date of this Purchase Agreement. 235. ® BUYER SHALL ASSUME ❑ SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as ---------------------------- ..__-.-_.-__..-_--_.. - -(Check ono --- ------------ -------------------------------- ------- 236. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller's 237. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments 238. or less, as required by Buyer's lender.) 239. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 240. which is not otherwise here provided. 241. As of the date of this Purchase Agreement, Seller represents that Seller ❑ HAS © HAS NOT received a notice -------(Check one. --- ----- -- 242. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 243. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before closing 244. shall be provided to Buyer immediately. If such notice is issued after the date of this Purchase Agreement and on 245. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 246. for the payment of, or assume the special assessments. In the absence of such agreement, either party may declare 247. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 248. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 249. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 250. directing all earnest money paid here to be refunded to Buyer. 251. ADDITIONAL PROVISIONS: 252. PREVIOUSLY WRITTEN PURCHASE AG EEMENT: This Purchase Agreement ❑ IS ® IS NOT subject to -----(Check one.)------- 253. cancellation of a previously written purchase agreement dated , 20 . 254. (If answer is IS, said cancellation shall be obtained no later than - , 20 . 255. If said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall immediately 256. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to 257. be refunded to Buyer.) 258. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a: (Check one.) 259. © Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or 260. ❑ Other: Deed joined in by spouse, if any, conveying marketable title, subject to 261. (a) building and zoning laws, ordinances, and state and federal regulations; 262. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; 263. (c) reservation of any mineral rights by the State of Minnesota; 264. (d) utility and drainage easements which do not interfere with existing improvements; 265. 266. (e) rights of tenants as follows (unless specified, not subject to tenancies): granddaughter curzcntly occupies and will vacate prior to closing. No lease ;and 267. (f) others (must be specified in writing): 268. MNTA-6 (8/17) lnstonettoRf,t Authentisign ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 . k.-11 c.1i r i]IJ Ili �! L i CBBURNET.com PURCHASE AGREEMENT 269. Page 7 Date oB/21/2017 270. Property located at 7303 62nd Ave N New Hope MN 55428 271. POSSESSION: Seller shall deliver possession of the Property: (Check one.) 272. FX-� IMMEDIATELY AFTER CLOSING; or 273. ❑ OTHER: 274. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 275. by possession date. 276. LINKED DEVICES: Seller warrants that Seller shall permanently disconnect or discontinue Seller's access or service 277. to any device or system on or serving the property that is connected or controlled wirelessiy, via internet protocol ("IP'I) 278. to a router or gateway or directly to the cloud no later than delivery of possession as specified in this Purchase 279. Agreement. 280. PRORATIONS: All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity, and 281. natural gas shall be prorated between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of 282. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 283. TITLE AND E AWMA-TIO :As quickly as reasonably possible after Final Acceptance Date of this Purchase Agreement: 284. (a) Seller shall deliver any abstract of title and a copy of any owner's title insurance policy for the Property, if 285. in Seller's possession or control, to Buyer or Buyer's designated title service provider. Any abstract of title or 286. owner's title insurance policy provided shall be immediately returned to Seller, or licensee representing or 287, assisting Seller, upon cancellation of this Purchase Agreement; and 288. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including 289. but not limited to title searches, title examinations, abstracting, a title insurance commitment, or an attorney's 290. title opinion at Buyer's selection and cost and provide a copy to Seller. 291. Seller shall use Seller's best efforts to provide marketable title by the date of closing. Seller agrees to pay all costs 292. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 293. following: 294. In the event Seller has not provided marketable title by the date of closing, Seller shall have an additional thirty 295. (30) days to make title marketable, or in the alternative, Buyer may waive title defects by written notice to Seller. In 296. addition to the thirty (30)-day extension, Buyer and Seller may, by mutual agreement, further extend the closing 297. date. Lacking such extension, either party may declare this Purchase Agreement canceled by written notice to 298. the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is 299, canceled. If either party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 300. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be 301. refunded to Buyer. 302. SUBDIVISION OF LANE}, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land 303. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller 304. warrants that the legal description of the real property to be conveyed has been or shall be approved for recording as 305. of the date of closing. Seller warrants that the buildings are or shall be constructed entirely within the boundary lines 306, of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. 307. M CHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, 308. machinery, fixtures, or tools furnished within the 120 days immediately preceding the closing in connection with 309. construction, alteration, or repair of any structure on, or improvement to, the Property. 310. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 311. proceedings, or violation of any law, ordinance, or regulation. If the Property is subject to restrictive covenants, Seller 312. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 313. such notices received by Seller shall be provided to Buyer immediately. 314. RIMENSIONS: Buyer acknowledges any dimensions, square footage, or acreage of land or improvements provided 315. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of 316. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. 317. ACCESS AGREEMENT: Seller agrees to allow reasonable access to the Property for performance of any surveys or 318. inspections agreed to here. MN:PA-7 (8/17) Instonetl oo,m.s Authentisign ID: AFBBA4FA-BFID-4A24-BD00-14C5B34BA124 • Y.'Ii c4k-o `:....r. 1...i 9 BU RNET CBBURNET.com PURCHASE AGREEMENT 319. Page 8 Date 09 21 2017 320. Property located at ___7303 62nd Ave N New Hope MN 55429 321. RISK OF LOSS: If there is any loss or damage to the Property between the Final Acceptance Date and the date of 322. closing for any reason, including fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on Seller. If 323. the Property is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, 324. at Buyer's option, by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase 325. Agreement, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation 326. and directing all earnest money paid here to be refunded to Buyer. 327. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. 328. CALCULATION [7A: Any calculation of days begins on the first day (Calendar or Business Days as specified) 329. following the occurrence of the event specified and includes subsequent days (Calendar or Business Days as specified) 330. ending at 11:59 P.M. on the last day. 331. BUSINESS DAYS: "Business Days" are days which are not Saturdays, Sundays, or state or federal holidays unless 332. stated elsewhere by the parties in writing. 333. ALE Y : "Calendar Days" include Saturdays, Sundays, and state and federal holidays. 334. :Buyer and Seller agree that the Earnest Money Holder shall release earnest money 335. from the Earnest Money Holder's trust account: 336. (a) at or upon the successful closing of the Property; 337, (b) pursuant to written agreement between the parties, which may be reflected in a Cancellation of Purchase 338. Agreement executed by both Buyer and Seller; 339. (c) upon receipt of an affidavit of a cancellation under MN Statute 559.217; or 340. (d) upon receipt of a court order. 341. DEFAULT: If Buyer defaults in any of the agreements here, Seller may cancel this Purchase Agreement, and any 342. payments made here, including earnest money, shall be retained by Seller as liquidated damages and Buyer and Seller 343. shall affirm the same by a written cancellation agreement. 344. If Buyer defaults in any of the agreements here, Seller may terminate this Purchase Agreement under the provisions 345. of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. If either Buyer or Seller defaults in any 346, of the agreements here or there exists an unfulfilled condition after the date specified for fulfillment, either party may 347. cancel this Purchase Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided here that this Purchase 348. Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN 349. Statute 559.217, Subd. 4. 350. If this Purchase Agreement is not canceled or terminated as provided here, Buyer or Seller may seek actual damages 351. for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to specific 352. performance, such action must be commenced within six (6) months after such right of action arises. 353. NOTJU REGARDING PR T RY OFFr=NDER I O : Information regarding the predatory offender 354. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 355. by contacting the local law enforcement offices in the community where the Property is located or the Minnesota 356. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 357. www.corr.state.mn.us. 358. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 359. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 360. THIS PURCHASE AGREEMENT. 361. BUYER HAS RECEIVED A: (Check any that apply.) ❑ DISCLOSURE STATEMENT: SELLER'S PROPERTY 362. DISCLOSURESTATEMENTORAR] DISCLOSURE STATEMENT. -SELLER'S DISCLOSURE ALTERNATIVES FORM. 363. DESPRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Seller's Property Disclosure Statement or 364. Disclosure Statement. Seller's Disclosure Alternatives for description of disclosure responsibilities and limitations, if 365. any. 366. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 367. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OFTHE PROPERTY 368. AND ITS CONTENTS. MNRA-6 (8/17) Instonetror:A<:, Authentisign ID: AFBBA4FA-BF1D-4A24-8DOB-14C5B34BA124 1 II ;► — 4 BURNET CBBURNETcom „" Im F_;... ill, 11, 370. Property located at 7303 62nd Ave N 371. (Check appropriate boxes,) PURCHASE AGREEMENT 369, Page 9 Date New 08/21/2 MN 55428 372. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 373. CITY SEWER ©YES ❑ NO I CITY WATER ©YES ❑ NO 374. SUBSURFACE SEWAGE TREATMENT SYSTEM 375. SELLER ❑ DOES © DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR ----------(Check one.} --------- ------ 376. SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure 377. Statement: Subsurface Sewage Treatment System.) 378. PRIVATE WELL 379. SELLER © DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. one.}— ----------- --- 380. (If answer is DOES and well is located on the Property, see Disclosure Statement: Well.) 381. THIS PURCHASE AGREEMENT ❑ IS © IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT- ----- - -- (Check one.}--------- 382. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 383. (If answer is IS, see attached Addendum.) 384. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 385. RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT- SUBSURFACE SEWAGE 386. TREATMENT SYSTEM. 387. HOME PROTECTIONIWARRANTY- PLA: Buyer and Seller are advised to investigate the various home protection/ 388. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 389. exclusions, limitations, and service fees. Most plans exclude pre-existing conditions. (Check one.) 390. ❑ A Home Protection/Warranty Plan will be obtained by ❑ BUYER D SELLER and paid for by --•.............rC�enx one. ---- -------- - 391. ❑ BUYER 0 SELLER to be issued by ................ (check one.)........ 392. at a cost not to exceed $ 393. )C❑ No Home Protection/Warranty Plan is negotiated as part of this Purchase Agreement. However, Buyer may elect 394. to purchase a Home Protection/Warranty Plan. 395. AGENCY ICE 396. — Rhonda Z Wilson is ❑ Seller's Agent ❑ Buyer's Agent © Dual Agent ❑ Facilitator. (Licensee) ....- ............... .------- ._..- ................(Check one.} ------------------------------------ ............ 397 Coldwell Banker Burnet (Real Estate Company Name) 398. Rhonda E Wilson is ❑ Seller's Agent ❑ Buyer's Agent © Dual Agent ❑ Facilitator. (Licensee) - --_ _ - _ .....-.._._. _. [Ghsck one.}--- - 399 Coldwell Banker Burnet — (Real Estate company Name) 400. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:PA-9 (8/17) Authentisign ID: AFBBA4FA-BF1D-4A24-8D08.14C5B34BA124 u II-, 8 BUT CBBURNET.com 402. Property located at 7303 62nd Ave N PURCHASE AGREEMENT 401. Page 10 Date 08/21/2017 New Hope MN 55428 403.REPRIE$ENTATION 404. PLEASE CHECK ONE OFTHE FOLLOWING SELECTIONS: 405. ❑ Dual Agency representation DOES NOT apply in this transaction. Do not complete lines 406-422. 406. ❑K Dual Agency representation DOES apply in this transaction. Complete the disclosure in lines 407-422. 407. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a 408. dual agency. This means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because 409, the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 410. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s). 411. Seller(s) and Buyer(s) acknowledge that 412. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will 413. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other 414. information will be shared; 415. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 416. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of 417. the sale. 418. With the knowledge and understanding of the explanation above. Selle s) and Buyer(s) authorize and instruct Broker 419. and itsL=d*.2;3SmhUro-r arson to act as dual agents in this transaction. �1 420. Seller ` �"11ej ��R Buyer ' aoo w w..nw.�s •.rserr cr ro r.n re. ur crxr nr ,r.., koy. 421. Seller Buyer 08/22/2017 a a _ 1-7 422. Date Date 423. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 424. cash outlay at closing or reduce the proceeds from the sale. 425. SETTLEMENT STATEMENT: Buyer and Seller authorize the title company, escrow agent, and/or their representatives 426. to disclose and provide copies of the disbursing agent's settlement statement to the real estate licensees involved in 427. the transaction at the time these documents are provided to Buyer and Seller. 428. FOREIGN INVESTMENT IN REAL PROPERTYTA]t ACT ("FIRPTA"): Section 1445 of the Internal Revenue Code 429. provides that a transferee ("Buyer") of a United States real property interest must be notified in writing and must withhold 430. tax if the transferor ("Seller") is a foreign person and no exceptions from FIRPTA withholding apply. Buyer and Seller 431. agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 432. Seller shall represent and warrant, under the penalties of perjury, whether Seller is a "foreign person" (as the same 433. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 434. the closing and delivery of the deed. 435. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, affidavit, or statement 436. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 437. identification numbers or Social Security numbers. 438. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer's responsibility for 439. withholding the applicable tax, Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 440. compliance, as the respective licensee's representing or assisting either party will be unable to assure either 441. party whether the transaction Is exempt from FIRPTA withholding requirements. 442. r=N1 [ : This Purchase Agreement and any addenda or amendments signed by the parties shall 443. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 444. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 445. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Seller and 446. Buyer or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 447. Agreement. MN:PA-10 (8/17) Instanetl( pm- Authentisign ID: AFBBA4FA-BFID-4A24-BD08.14C5B34BA124 '.' r .' I I c,l R G . .� BURhhVU GBBURNET.com ":." " ...-R. Ah.1, 449. Property located at 7303 62nd Ave N PURCHASE AGREEMENT 448. Page 11 Date 08/21/2017 New Hope MN 55428 450. ELECTSONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 451. transaction constitute valid, binding signatures. 452. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 453. must be delivered. 454. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract 455. for deed. 456. OTHER: The Purchase Agreement is contingent upon the following: 457. (1) Review and approval of the terms of the Purchase Agreement by the New Hope City Council; 458. and 459. (2) An acceptable environmental review of the property to be performed by Hennepin County. 460. (3) Current occupant of Property shall vacate the Property prior to Closing date. 461. If any of the above contingencies are not met, Buyer may declare this Purchase 462. Agreement canceled by,written notice to Seller, or licensee representing or assisting Seller, in which case the Purchase Agreement is canceled. If Buyer 463. declares the Purchase Agreement canceled due to the failure of one of the above contingencies, Buyer and Seller shall immediately sign a Cancellation of Purchase 464. Agreement confirming said cancellation and directing all earnest money paid 465. hereunder to be refunded to Buyer. 466. Seller shall not be responsible to complete any City of New Hope Point of Sale 467. conditions. Seller shall not be responsible for the sealing of any wells located on or serving the property. Buyer shall be responsible for any MN Department of 468. Health requirements regarding any wells on or serving the property. 469. 470. 471. ADDENDA: The following addenda are attached and made a part of this Purchase Agreement. 472. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement. 473. ❑ Addendum to Purchase Agreement 474. ❑ Addendum to Purchase Agreement: Assumption Financing 475. © Addendum to Purchase Agreement: Buyer Purchasing `As Is" and Limitation of Seller Liability 476. ❑ Addendum to Purchase Agreement. Condominium/Townhouse/Cooperative Common Interest Community 477. (°CIC') 478. ❑ Addendum to Purchase Agreement: Contract for Deed Financing 479. ® Addendum to Purchase Agreement: Disclosure of Information on Lead -Based Paint and Lead -Based Paint 480. Hazards 481. ❑ Addendum to Purchase Agreement. Sale of Buyer's Property Contingency 482. ❑ Addendum to Purchase Agreement: Short Sale Contingency 483. ❑ Addendum to Purchase Agreement. Subsurface Sewage Treatment System and Well Inspection Contingency MN:PA-11 (8/17) Instcnet,o=m Authentisign ID: AFBBA4FA-BFID-4A24-BD08-14C5B34BA124 BURNET PURCHASE AGREEMENT CBBURNET.com N.- k,4,He484. Page 12 Date 08/21/2017 - 485, Property located at 7303 62nd Ave N New Ho a MIN 55428 486. I, the owner of the Property, accept this Purchase I agree to purchase the Property for the price and on 487. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above. 488, said Property from the market, unless instructed I have reviewed all pages of this Purchase 489. otherwise in writing. Agreement. 490. 1 have reviewed all pages of this Purchase Agreement. 491. ❑ It checked, this Purchase Agreement is subject to 492. attached Addendum to Purchase Agreement: 493. Counteroffer. 494. FIRPTA: Seller represents and warrants, under penalty 495. of perjury, that Seller❑ IS ®IS NOT a foreign person (i.e., a ------(Check one.}------ 496. non-resident alien individual, foreign corporation, foreign 497, partnership, foreign trust, or foreign estate for purposes of 498. income taxation. (See lines 428-441.)) This representation 499. and warranty shall survive the closing of the transaction 500. and the delivery of the deed. 08/22/2017 501. X 11ucRanune, �U'a X i ffkWAt&R'1q PM CDT (Date) (Buyer's ignalure) (Date) 502. X Donna M. Smith X s111omio Development aucno:tty in .na to: the city of Ner Hope l (Seller's Printed Name) (Buyer's Printed Name) 503, X to _ _ . _ X (Marital status) (Marital Status) 504, X X (Seller's Signature) (Dale) (Buyer's Signature) (Dale) 505. X X _ (Seller's Printed Name) (Buyer's Printed Name) 506. X X (Marital status) (Marital Status) 08/22/2017 507. FINAL ACCEPTANCE DATE: The Final Acceptance Date 50& is the date on which the fully executed Purchase Agreement is delivered. 509. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). 510, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 511. 1 ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITYTO REVIEWTHE DISCLOSURE 512. STATEMENT. ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT, 513. WHICH IS AN OPTIONAL, VOLUNTARY AGREEMENT AND IS NOT PARTQF IS PURCHASE AG EEMENT. —Avlhsnir - - ' 514. SELLER(S) BUYER(S) 1 e,,,rag;a ate, Ada � RS) X D��0178 f$WVM CDT ity of N" sop. 515. SELLER(S) BUYER(S) MNTA-12 (8117) Instanet orw Authentisign ID: AFBBA4FA-BF1D-4A24-BD08.14C5B34BA124 IURNff CBBURNET.com 01-.—I h! Bmn•i Brrlq 11 r ADDENDUM TO PURCHASE AGREEMENT: BUYER PURCHASING "AS IS" AND LIMITATION OF SELLER LIABILITY This form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form. ® 2017 Minnesota Association of REALTORS", Edina, MN 1. Date 08/21/2017 2. Pagel 3. IN THE EVENT SELLER HAS COMPLETED, AND BUYER HAS RECEIVED, A 4. SELLER'S PROPERTY DISCLOSURE STATEMENT, DO NOT USE THIS 5, ADDENDUM WITHOUT FIRST SEEKING LEGAL ADVICE. 6. Addendum to Purchase Agreement between parties, dated August 21st 20 17 7. pertaining to the purchase and sale of the Property located at 7303 62nd Ave N 8 New -Hope MN 55428 9. L.imitalion of Seller Liability The Property is being sold in its existing condition. Buyer acknowledges that the Property, 10. including all improvements, is being sold on an "As -Is" and "Where -Is" basis, with all existing faults. Prior to closing, 11. Buyer will make such inspections of the Property as are consistent with the terms of this Purchase Agreement in order 12. to satisfy Buyer as to the condition of the Property. The Seller warranties contained in the Purchase Agreement shall 13. remain unmodified by this Addendum. 14. The "Risk of Loss" provisions of the Purchase Agreement shall remain unmodified by this Addendum. 15. Seller and Buyer shall execute a Disclosure Statement. Seller's Disclosure Alternatives with the "Waiver" section completed. 16. Seller remains obligated to make "Other Required Disclosures" in the Disclosure Statement: Seller's Disclosure Alternatives. 17. Except for "Other Required Disclosures;' Buyer acknowledges that Seller has not made any oral or written representations 18. regarding the condition of the Property subject to this Purchase Agreement. By accepting delivery of the deed at closing, 19. Buyer will be deemed to have accepted the condition of the Property subject to this Purchase Agreement as satisfactory 20. to Buyer, and Seller shall have no liability with respect to the condition of such Property. Buyer waives any claims 21. related in any way to the condition of the Property. 22. WARNING: THIS ADDENDUM WILL AFFECT THE LEGAL RIGHTS OF BUYER 23. AND SELLER. BUYER AND SELLER ARE STRONGLY ENCOURAGEDTO OBTAIN 24. LEGAL ADVICE BEFORE AGREEING TO THI DDENDUM. h5lGlrre= 17ud" me, `wa 08/22/2017 25. `k-•R seennva Devele -v Authority in end Eor elty of Mew Rope Date [Seller ' $i')!�iati3�!$ P��Tth (Date) (Buyer) (Date) 26, (Seller) 27, 28. MN:APA AI (8117) (Dale) (Buyer) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. (Date) Insfanet�op v,s Authentisign ID: AFBBA4FA-BFID-4A24-BDOB-14C5B34BA124 DISCLOSURE STATEMENT: ARBITRATION DISCLOSURE AND RESIDENTIAL REAL BURNET PROPERTY ARBITRATION AGREEMENT Ct3BURNET.com This form approved by the Minnesota Association of REALTORS�, Il'-mrd h) Ilunn•i Roar, 111 which disclaims any liability arising out of use or misuse of this form. © 2016 Minnesota Association of REALTORS", Edina, MN 1. Pagel 2. ARBITRATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law. By agreeing 5. to binding arbitration, you give up your right to go to court. By signing the RESIDENTIAL REAL PROPERTY 6. ARBITRATION AGREEMENT ("ARBITRATION AGREEMENT') on page two (2), you agree to binding arbitration underthe 7. Residential Real Property Arbitration System ("Arbitration System") administered by National Center for Dispute Settlement 8. ("NCDS") and endorsed by the Minnesota Association of REALTORS® ("MNAR"). The ARBITRATION AGREEMENT is 9. enforceable only if it is signed by all buyers, sellers and licensees representing or assisting the buyers and the sellers. 10. The ARBITRATION AGREEMENT is not part of the Purchase Agreement Your Purchase Agreement will still be 11. valid whether or not you sign the ARBITRATION AGREEMENT. 12. The Arbitration System is a private dislwle resolution system offered as an alternative to the court system. It 13. is not government sponsored. NCDS and the MNAR jointly adopt the rutes that govern the Arbitration System. NCDS 14. and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of 15. NCDS. 16. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the property, excluding 17. disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims 18. of fraud, misrepresentation, warranty and negligence. Nothing in this Agreement limits other rights you may have under 19, MN Statute 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to 20. arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that 21. regulates the real estate profession, about licensee compliance with state law. 22. The administrative fee for the Arbitration System varies depending on the amount of the claim, but it is more 23. than initial court filing fees. In some cases, conciliation court is cheaper than arbitration. The maximum claim allowed 24. in conciliation court is $15,000.This amount is subjectto future change. In some cases, it is quicker and less expensive 25. to arbitrate disputes than to go to court, but the time to file your claim and pre -hearing discovery rights are limited. The 26. right to appeal an arbitrator's award is very limited compared to the right to appeal a court decision. 27. A request for arbitration must be filed within 24 months of the date of the closing on the property or 28. else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24-month 29. limitation period provided herein. 30. A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with 31, NCDS. NCDS notifies the other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator 32, to hear and decide the dispute. A three -arbitrator panel will be appointed instead of a single arbitrator at the request 33. of any party. The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law, real estate, 34. architecture, engineering, construction or other related fields. 35. Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days 36. in advance. A party may be represented by a lawyer at the hearing, at the party's own expense, if he or she gives five 37. (5) days advance notice to the other party and to NCDS. Each party may present evidence, including documents or 38. testimony by witnesses. The arbitrator must make any award within 30 days from the final hearing date.The award must 39. be in writing and may provide any remedy the arbitrator considers just and equitable that is within the scope of the 40. parties' agreement. The arbitrator does not have to make findings of fact that explain the reason for granting or denying 41. an award. The arbitrator may require the party who does not prevail to pay the administrative fee. 42. This Arbitration Disclosure provides only a general description of the Arbitration System and a general 43. overview of the Arbitration System rules. For specific information regarding the administrative fee, please see the 44. Fee Schedule located in the NCDS Rules. Copies of the Arbitration System rules are available from NCDS by calling 45. (800) 777-8119 or (866) 727-8119 or on the Web at www.ncdsusa.org or from your REALTOR®. If you have any questions 46. about arbitration, call NCDS at (800) 777-8119 or (866) 727-8119 or consult a lawyer. MN:DS:ADRAA-1 (2116) Authentisign ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 �1.■ Ii c]w m DISCLOSURE STATEMENT: ARBITRATION RT DISCLOSURE AND RESIDENTIAL REAL BU CBSURNET.com PROPERTY ARBITRATION AGREEMENT Or!"I t� N—, B �i:, n C 47. Page 2 48. THIS IS AN OPTIONAL, VOLUNTARY AGREEMENT. 49. READ THE ARBITRATION DISCLOSURE: ON PAGE ONE (1) IN FULL BEFORE SIGNING. 50. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. For the property located at 7303 62nd Ave N 52. City of NeW so e , County of Hennepin , State of Minnesota. 53. Any dispute between the undersigned parties, or any of them, about or relating to material facts affecting the use or 54. enjoyment of the property, excluding disputes related to title issues of the property covered by the Purchase Agreement 55. dated _ ;Olg"st list , 20 17 , including claims of fraud, misrepresentation, warranty and 56. negligence, shall be settled by binding arbitration. National Center for Dispute Settlement shall be the arbitration service 57. provider.The rules adopted by National Center for Dispute Settlement and the Minnesota Association of REALTORS@ 58, shall govern the proceeding(s). The rules that shall govern the proceeding(s) are those rules in effect at the time the 59. Demand for Arbitration is filed and include the rules specified in the Arbitration Disclosure on page one (1). This 60. Agreement shall survive the delivery of the deed or contract for deed in the Purchase Agreement. This Agreement is 61. only enforceable if all buyers, sellers and licensees representing or assisting the buyers and sellers have agreed to 62. arbitrate as acknowledged by signatures below. For purposes of this Agreement, the signature of one licensee of a 63. broker shall bind the broker and all licensees of that broker. 64. (Date) (Settees Signature) (Date) \rSe) 65 Donna M. Smith i71 CLINrS lcpment Authority inzfo-he City of New ao (Sellers Printed Name) _ (Buyers Printed rne) 66. Date (Sellers Signature) (Dale) (Buyers Signature) ( ) 67. ' d tne (Sellers Printed Name) (Buyers Printe) AulhenKsn. 08/22/2017 „ E wibon 68. Data { r,@F13WITe'j#@b�diiARTAssisling Seller) (Date) [L n a Representing or Assisting Buyer) (Date) Rhonda E Wilson Ruda E Wilson 69 Coldwell Banker Burnet / Coldwell Banker Burnet,. (Company Name) I (Company Name) 70. THE RESIDENTIAL REAL PROPERTY ARBITRATIOI�AGREEMENT IS A LEGALLY BINDING CONTE3'ACT 71. BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER. MN:DS:ADRAA-2 (2116) InstonetFopws Authentisign ID: AFBBA4FA-BFID-4A24-OD08-14C5B34BA124 ]El fali�e,flurli r mm opmani k' ma..t wrh. i l f ADDENDUM TO PURCHASE AGREEMENT =CLOSURE OF INFORMATION ON LEADaASED PAINT AND LEAD -RAM PAINT HAZARDS Thft loan jWmmd by Ow u fle=0 A>s DWVCM d REALTOR5`> ww* discwrns arty 110ft wtkv ftd of use Or r 1w" Of V* farm. 0+"&Mnrrsaale ASW.Wi*) eT REnXOR86, Edil'h, MN 1, Date ae z3 avz7 2. Page idtz $. AtIftnclum to f urctme Agrs went between parties, doled ae � jai 7 4. pertaining to ft pEirchvso and sale of the property at _ 7303 63md Jk.e N 5. jww Svpv, ri W 35420 �. Mien I. Law V tkming statertrwi 7. iFV"hu r of ► kder� in rasklionAW r+aaI prwarly an + + re identtai rinveAfrrrg r�a+s h rho ij` dran a! risk of $. ff0f much lady �y pt"ortt �� fn lead Iron'+ kad p� that msy �r )w unq 9, An"rop►r►g mad palsordng. Lead poisoining in young GWmm may prodam perrriarrarret re urabgk*J da mage. irridirrg So. Imming dsaWes, reduced into igeAce quaffarrt, beltavfaraf prr#ems aW knpg red rrrernwy, Lead pokorphg also 11. pose$ a pardmw risk to prsgrrarnt men. The sefksr Of eny irftand in readmMl real property 1s requirod to provWO 1p. the bgjw wah arry inndrwmeban on lead -based paint h&wr& f om n9k tents or kwPoo otrs in the 86il0r's ,a. posw&&e On &ndnattily ft buyer of anyknown k-,ad-basedparrrt hazes da A A* AgsewrWftf arinsPactian fxpasail R 14, jea&bg8@d p*&g hazards is mcaw manded prlior to purohe00. 1s, �jDisaic�ura (hut1s11 presenm of lead -based paird laad-bwecl paint h+ fir 17: (Ctwck one #eloa Q is. Q Known l$ad-based paint arsdlor lead -based Perot hazards am Wevent In the housing 19. (axpkdn): 20. 21. Seller has no knowledge pf lead -based paint anctfor lead -biased paUn hazards In the housing. 22. elf (b) Records and reports avallsbt to the seller. 21 (Check an& below.) 2+1. [] Server has provW&d Buyer vAth wll e►raifatfie rYt and aiPo parWning to lead-bmd pelyd 25_ arWcrr jitaid-based paint nerds in the trausing (6tdocume"ft 0. b*16 26. 27. Seller has no reports or records peTtaining W jun"a d paUtt an&" Iead-based awing hazade 28. In the housinrg- 29 'a Aoknowledgsnerd tj") 30. -- (c) Buyer has received copies of all Irdormafon listed under (b) alcove. Al. - (d) Buyer has ret;vived the Perrlphlet, praaw %LwP urrbykm Lead 611burHome. 32 (a) Buyer has tdmm* am bobwj: 3& ©Flasalved s #U-dray opporWriny (or rnukually. agrebrspanPen* to oonduct a ftk assessment 34. or inspection fur the preserim of fend -based paint andfor lead -based paint hazards pf dr ood 35. see S&*on 11 an page 2r, or 3 fi VftWed the opportunity to oonduct a risk assessment or Inspection for tlts presence of lead- . bsrsad plcirtt and/or lead-i►xsed paint hwArds. ruLSAI.E7 PW* Authentisign ID: AFBBA4FA-BFID-4A24-BDOB-14C5B34BA124 4`dTre� ADDENDUM TO PURCHAWAGREEMENT MCL OSURE OF INFORMATION ON LEAD -BASED P WI` AND LEAD -BASED FMNT HAZARDS 35. Paget .w: Properly Itx:aled at 9303 6204 JLVW N MW not. 41. (hj Raw estate iicensas has Intoned Soler of Seller's Cagatiarn urlder42 U.&5.4652{d} and Is aware 42 of itaensas's rr�span&itsllity to eracurs ra rri#rkar+ - 43. Cerafiov� of fey 44. 7heJollowtngp ehavereviervedtoivikMaAwal�Cend�rofy.tgiNebestaF�elrkncw+r�adge,�SiBreiniarrr%tbn 46. PmVIby the sigrratortr is true and Sri' xate. r kv1 0ntis•[.ti 08i22i2017 ��r 4& PW �� Eo0ilorrt4iC �� �' €a'r°I in and for the M Of New hhdge 47. tit f (Dab) 1 48. I .re uarrwo] ) ( cox G91e 2e i ir+m�bCt Rbmias Paw 49. Bec#ion li- Cardintgt+rtc* (lnPtiat orrly tF fimf bcue under {e) fs duwked trr Buywt Adarowhdprn&d so. 1'tds contract Is oordingent upon s rids assessment or an inspection or the property for the presence of load- 51. based paint and/or toad4wed paint kmamto to be conduMed at Buyer's eVertse. The aSSeSm tt ar hWaCtivrt shelf be Grated within []ton (10) ❑ catertdar dWs after Final AccapWice of the Purdiase AgmmTmt. Pad ono} Trtiis con4rVarmy steal" d' be ed rarr�d, and the Punch= Agreement erred be irk it�l fom M eimetii, wises aLW or real estate kwmee represarrfirig or es"np Buyer de&vers to Seffer or reel estate Roe'tsee mpresent-rr>g or ass Ang Sedfaa; wWAIn three (a) calendar days atterthe acsasrsmant or insPeafiDn is timely completed, a wrliten W of the specfffs: def6endes attd ft norraiftm required, t,ogeew with a copy of any risk asseaamant ar frwpevtion mart. If S40r wW Buyer have not aVved in r mng wiftn ovee (3) calendar days stter oefivery of the w hart If8tof t+ *led aonvdOnz #elk (A) someor all of OW required mredans W be made; or (B) Buy<w walwsthe ddWtwxAm; or(C) en edustrrtantta the purchases pnoe will be made; itis Pu►chaso AgreFss wrd Is cerncefed. Buyr'r and 'Seller iml< lmmet9atety elfin a Con of Purctow Agreement Co fffT tin9 aald a nnoMlaWn and ciiredng all earnest money PAW Hereunder to has refuroed to Buyer. It is undenoxod that Buyermay Unlistes[fywerive defrciEmies ordAxft,, or mmove this contrQ ity priwMing that Buyer or real asu to Icenses mpreesers4rtg or asaWng Buyer notlfift Safer or real estate licensee mpresenting or aswAng saner of the waiver or removal, -in wring. vsrittfrn the ttnw speaetfied- 59- 53. 54. 55- 55. 57. 58. 5o. 6Q- 61. 62. fib. T.xZAU&2 te) ln;* a4' Authentislgn ID: AFBBA4FA-BFID-4A24-BDOB-14C5B34BA124 Radon in Real Estate Transactions All Minnesota homes can have dangerous levels of radon gas. Radon is a colorless, odorless and tasteless radioacthm gas ftt can seep into homes from the soil. When inhaled, it can damage the lungs. Long-term exposure to radon can lead to lung cancer. About 21,000 lung cancer deaths each year in the United Stages are caused by radon. The only way to know how much radon gas has entered the home is to conduct a radon test. MDH estimates 2 in 5 tomes exceed the 4.0 pCl/L action level. Whether a home is old or new, any home can how Wo levels of radon. The purpose of this publication is to educate and inform potential home buyers of the risks of radon exposure, and how to test for and reduce radon as part of real estate transactions. Disci sure B ui a rit's t Effective January 1, 2014, the Minnesota Radon Awareness Art requires specific disclosure and education be provided to potential home buyers during residential real estate transactions in Minnesota. before signing a purchase agreement to sell or transfer residential reap property, the seller shall provide this publication and Shall disclose In writing to the buyer: 1. whether a radon test or tests have occurred on the propeft 2. the most current records and reports pertaining to radon concentmdorrs within the dwelling; 3. a description of any radon levels, mitigation, or remediation, 4. information on the radon mitigation ern, if a sysWrn was Installed; and S. a radon warning statement. Radon . How dangerous is radCM? Radon is the number one cause of lung cancer in non-smokers, and the second leading cause overall. Your risk for lung cancer increases with higher levels of radon, prolonged exposure, and whether or not you are a current smoker or former smoker. Where is vow greater exposum to radon? For most Minnesotans, your grew exposure is at home where radon can concentrate Indoors. What is the recommended action based on my r+mAts? If the average radon in the home is at or above 4.0 pCi/l, the home's radon level should be reduced. Also, consider mitigating if radon levels are between 2.0 pCi f 1. and. 3.9 pCVL. Any amount of radon, even below the recommended action level, carries some risk. Minnesota Department of Health INDOOR AIR UNIT NWH Radon PMMM PO Box 64975 St Paul, MN 55 164 43975 health.indoorP te.mn.us www,ht-alth.sWte.mn.usJradon 651-201-4601 WO-796-9.050 In or*C Authentisign ID: AFBBA4FA-BFID-4A24-BD08.14C5B34BA124 ft.don Testiin Any test lasting less than three months requires closed.housa conditions. Keep all windows and doors dosed, except for normal entry and exit. Before testing: Begin closed -house conditions at least 12 hours before the start of the radon test. During testing: Maintain dosed -house conditions during the entire duration of the short-term test. 0►perate home heating or cooling systems normally during the test. Test for at least 48 hours. Where should the test be conducted? Any radon test conducted for a real estate transaction needs to be placed in the lowest livable area of the home suitable for occupancy. This is typically in the basement, whether finished or unfinished_ Place the test kit: twenty inches to site feet above the floor t at least three feet from exterior walls four Inches away from other objects in a location where it won't be disturbed + not in enclosed areas or areas of high heat or humidity R,iadon Miti Lion Now are radon tests conducted in real estate transactions? There are special protocols for radon testing_ The two most common ways to test are either using a calibrated continuous radon monitor (CRM) or two -short term test kits used at the some time. The short-term test kits are placed 4 inches apart and the results are averaged. ontit)uaus?Rariort griitxa.r�l+vw°°R�'i1 Second Fastest �f M1 AN radon tests should be conducted by a certified professio naL This ensures the test was conducted properly, in the correct location, and under appropriate building conditions. A list of these radon measurement professionals can be found at MDWs Radon websiM if the seller previously conducted testing In a property at or above 4 pCi/L, the home should be mitigated. When elevated levels of radon are found, they can be easily reduced by a certified radon mitigation professional. Radon mitigation is the process used to reduce radon concentrations in buildings. This is done by drawing soli gas from under the house and venting It above the root. A quality mitigation system should reduce levels to below 4.0 pU/t, if not lower. Ailar a radon mitigadon system is Installed perform an independent short-term test to ensure the reduction system Is effective. Operate the radon system during the entire test. This test will confirm low levels in the home. Be sure to retest the house everytwo years to confirm continued radon reduction. "The Minnesoto Department of Heairh strongly recommends thotALt hamebuyers hove an indoor radon test performedprior to purchase or taking occupancy, and rernmrnernds having the radon levels mitigated if elevated radon concentrations ore found. Elevated radon concentrations can easily be reduced by a quakfwd, cen*d, orikensed, if applicable, radon mitigator. Ewry buyer of any interest in residenftal real property is not0ed that the property may Present exposure to dangerous laweis of Indoor ruden eras that may place the occupants at risk of developing radon -induced king cancer. Radon, a ObwA human car dnogerl, is the leading cause o/ lung cancer In nonsmokers and the second leading cause overall. The seller of ony Interest in residential reef property is required to provide the buyer with any information on radon test results of the dwelling" lnstzi Authentislgn ID: AFB BA4FA-BFI D-4A24.8 DOB -14C5B34BA124 ' DSSGLOSURE STATEMENT.- WELL T TW rou appmwd t iY Ows Minncsata Assmie6w 01 RFAMRSa. J l wMeh dinoiahs arty "My a fling gut of UM or WOWW of fins WIXM- CG BURNkTxam a 201 s mionwow Amodoon of iiEAL'[QFMI� . Sow. MN �n►n P.,sa++i:. 06/15/2017 1. Dste 2. Pago 1 of pagos:THI~ PZ=IRED NEAP IS 3. ATTACt-i133 HERETO ANI) MADE A PART HEREOF 4. Minnesota Statute 1031.2a5 requires tf%at, beWa signing an agreement to sell or trans* real pro ►", Seiler must 6_ disclose Intomotion in writing to Buyer &Lout ttae staataxe and location of aH knoutn wtelle on the pnoperty.'rtris reguirwmrd 6, is setlefied by delivering to Buyer either a statar'nent by Seiler that Seller does not know of any wells fln Elie Paperty, 7. or s disolasure statenw t indi*thg the Legal dest rVkn and county, end a reap staowing the kx=k n of each W1. In $. tlia ditfture statement Seller must lndkEft, for eat well, wi`tetfter the well Is in use, not In use or sealed. 9. Lhftss Buyer and Seller agree to the contrary in writing, before the closing of the Bale, 8 Setter WhD falls to disclose 10, the existence or known status d a wall at firs tirtre of sale, and knew or had reason to kanDw 01 the exnstenoe or #mown 11. sb" of the well. is Cable to Bvyer for coals raWrrg to sealing of the well sa n9 rreMMble atto meye lees for Colft ion 12. of costs foam Seiler, if that aCtbn is Corr7rnenced won sfc years after the date Buyer closed the purchase of thf: real 13- property where the well is kx=ted. 14. Legal requirenwnts axi!A relating to varinus aspects of location and status of wells. Buyasr is advised to rsnr+iact the 15, local unit(s) of gowemment, state agency or gusliW professional whioh reguiabn wells for further infwrnatm abml 16. these loomm 17. Invtrurt:ton--- for conrput don at this form anon paw 09 {3). I& PROPERTY D11 SM10710Nr f;3lr" Addre6s: 7303 62na'ave a 19. xVW Mpg 55+l28 sszr� ill PCaYI tit 20. W@Ak2Eo G:ftTR0V 6 2/3 rrr CW t 662 s/s " OF TRks PART or awe 114 ear W 1/4 aGHStilr' N OF PM =6C Lum 21. a= at a n ar f XV %= CM "M ego= wr via 275 61/100 PT MY ter X=- = N= ME 9 LM Or seC 79 rs To A FT narsC ors ML CM hT A R3 rF T= K Lime OF MC anb 644 5/10 r1Z ear 12OR O= ear sar 1/4 n 22. tMF1M=x= one;: sa6 aerrr3 40 no ro = Orr tea a/xe !T 20 sun rr rix ROKC 2& WML IMSCLOSUIM STATUMEN'r: (ChVC* appmariete bgxea,) 24. Seller arzrdfies that rite foltowUg weNs are located on the above desenbed reed property. 25. MN Undue Well year of well IN USE NOT IN !SHARED SEALED 26. WOR Nla D Const. Type USE 27, Welt 1 --- -, U � ❑ El 26. Well _ ❑ ❑ ❑ ❑ 29. Well 3 ❑ ❑ ❑ ❑ 30. is Otis pnoperty served by a well not located an the property? ❑Yes W) No $1. if `Ws," please explain: ap- 33. NOW-- Stile dletin6licnr of berms "IN USE,:' -NOT IN USE; aM "SE1114 Eno on limes I W1 f3. If it w all Ir mart in use, it 34, must be sealed by a licensed rival! cclr bull or or a orag awnw must obUln a maintenance permit firm as. the Wnnmate Deparbrmd ofHaaattit and pay an annual rr Wtiriattlt3ni:efw. Malnienence Permits are oat 35. iransftwV ie. E a well is operable and property mair"nterl, a mairrbmance permit is not mqufred. 37_ if the well is, 'Shared': a 38. (1) How many properties for residences does the stuoed well serve? 39. (2) Who ma.rmiges the shared well? 40. (3) Is there a matntenwrae agr+e emont for the shared wall? ❑ Yes ❑ No 41. If -M." whet IS the grarrttal malnienmnae tale? S M14-M-rn61 W16) eta =f& Authentislgn ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 ■ ! 1 i B 3 I DISCLOSURE f TjUEMRNr.-1WELL Ct*riftfifrdi:carn 42, page 2 43. property knded at, 7308 _.sXnd Ava N NW x0pe Yew 55428 44. OTHER WELL 1NFORMATiO1t 46. Date we0 water last testa for contaminants: Tlest results ate ElYes 0 No 45. ConterNnated Wb l: is there a well on the properly containiN r;orrtamkratted water? Q4t$ ON* 47. Comm: Thar* is one and possibly two wells. it: in unknown if either or both 48- are sealed. Neither is is use as the hosre is commated, to city water. 49. iteither is used for any purpose such as irrigation. 60. Both are located in the bas lxt, 51. 62. 53, 54. SEALED wEl1 RMfFORMATiON-. For each weft designated as sealed aboMe. C 9iete dds sed+on. 55. was #re wag sealed? 56. WhD "ed the waft? +57, Was a Sealed Well Report 1Wd with the Vkmasota Department of HMM? Dyes []No 58. MAP: COMPIM the *MchQd Loc&V i AW showing the lo=Won of each well on the rent prop". 59. IWs disdosure is not a warranty of any kind by Sellor(s) or any liraansee(s) reprssan*V ar assMnq wV paNfta) In 60. Oft bwasation and is not a butMtute for any tr Veobons or wamiffm the party(es) may wilt+ to obtaln. 61. SELLER'S STATEMENT: (To be&W*d at Oft ofkstbft.) 62. Sellar(s) hmbysta thtrttheiactsas above aretnoatnda ateW daaftkOfim ny►hw►see(e) reprewtN 63 or assisting any partypes) to this tra}usaction tD provide a copy of this Disc ure Statement to any person or entity 64. in connection with any arct W or anticipate4 We of the property. A seller may ptoAde this dlsdosure Statement to 65, a real state €'xmnsee mprewtinp or assisting a prospecam buyer. The Disclosure Stalemer9 proved to the Taal 66. ate bcensee repmmntV or ass%ft a pmspecM buyer is considered to have been pmvldW to the prospective 67. buyer. if late DiActosure SbAement. is pTmkted to the rmi estate Ggensee rWasarding or assls*v the prorspeclive 68. buyer, the real eakda limnseee meat ptcMda a a3py to the prospective buyer. 69. Sailer is abl%p and to condnue W notify t3u$w In writkkg of any fools 00 hiller from t * tacft dteckwed hereW 70. (new or dsainged) of which Keller is wmam lhad could ggivowly arty! atgnMcanUy nfhmt the Buyeft use of 71, enjoynn4lt of ow property or any Inwrided use of fife property that (occur up to the time Cd dosing. To dtsdose 72. new or charged fate. please use the Arnaridrrrentto Dkdawffs Shdwrontburr. 73. 14' Azmaww, Yea 08/2212017 [Sri ltiaxra* sns.if.b. [[W..] () (DWn1 74. BUYER'S AC010WILEDGEMENT: fro be sWedat fire CfpUrdase agreement) 75. UWe, the Buyer(s) of the pmpe ft acknowledge moolpt of rAB DkzkMm Slatarto nt Wag aM Loca'lidn Adw and 76. agme that no mprresw Vs,6*ns regarding facts have been made otherttmn those made attmmL i 77. 04" ff alrmmft D0MWVMMAw r {flO1C} (OWO) PM" 1n =d far fire ClW of Nrwr tape 78, L.t6 nND BROKER AND L XMNSEES MAKE NO RIfPPRES 151"ATIONS "IER F+€ AND ARE 79. "" RESPONSIBLE FOR ANY CONDMNS EXISTING ON THE PROPERTY. rrt►tt•aB *2 W15) Authentislgn ID: AFBBA4FA-BFID-0A24-9D00-14C5B34BA124 MCLQSURE STATE -MEW: WELL BURNET ceaellM ETkom 80. Page 3 81. jNsTpucnomS FOR COMpLEii S THE WELL ntscLOSURE STATRIIERT 62. DEF7htI ON- A -wal ' meam an e=avalian that Is draled, cored, bored, washed, driven, ck)% jetted or othenwise as. oonstucted if the exxavat10r1 is intended for the location. dh ereon. arttfiCial tiedwge or acgtjisttion of groundwater. St_ IflllAi�TA UNIQUE WELL NUMBER. Ail new w�egg oonshxfM AFrIrR r rY i, i975, nsbushould have t1@6n a5. amigned a Minnescia unigw mall number by the person conebuc ar$ the �. tf the well wasIaortslxuCtecl alter tfl€0 06- dada, you should ham the unique weft number In your PnOpertY records. If You o am unable to locate If no It your ue Y►rnI nue Well mber V. monber and the weft Yvan =wst uc ted AFTI"R january 1, 1t±1'i''S, corrtat t you Sa. 18 avedWAie, Please indreate the -depth and year of Oonstruclian fbr each rA►ell. 89. WE"TVM: Use one of the 1okwing twM to dOwrffla the will fype- gp. WATERVIrELL: Awater wall is any type 01 wail tt"d to eectract gmundwaterlor p6vate or p&,k: use. Examples 91. di water welts are: domestic wells, dave-point vueliGdug wells, rsarredial wells and rnunicipal weW 82. IRRILiA`ftOt►i WELL.- An irrigation well is a well used to Wftsts agdouhmal land& chase are typlcallY 93. lWge-dltimeter wefts connected to a large prew%v 7 distr>bubm "orn. y4, VoNfTORING WELL- A rnonitnrinp well is a well used to monilor groundwater cordarrtinadon. The Well is W typically used to access groundwater for the extraclbn of samples. gg, DEWA'[ERING WELL: A dewate ring wail Is a well used to tower groundwater l&Ma 10 allow for wr1muction 97. or use of underground spaces. 08. [NDUSS7liMALICOMMMC1AL WELL- An induori0c ommeyc i v*p is a nonpDfable well Used to extract 99. gtounduirater for any nonpotable use, Including g=ndv r&er therrrral exchange wells (tow pumlps and VMt 100. low). 101- WELL UBE STATUS: lrndimW the use status of each watt. CHECK ONLY ONE (1) BOX PER WELL. 10Z N USE A well Is''in use' if the well Is operated an a deny. reVlar or seasonal basis. A well in We k1ducies 103. a wets that operates tar ftte purpose of inirga*m, firs protection or ernergertcy pumping. 104. NOT Nei USE: A well is'nat In USOF if ltre well does not nvW the definition of min use obove and hats not been 105. sealed by a %Head well oontracW. 106. �. A well is "sealed" if A fimsed IGprrtm OlOr has cos Outely Tilisd a wag by purr<pirrg grout material 107. throughmit the entire bore hnia after removal of arty absmxtim m from the well. A well Is 'rAPPOT If It has 108. a metal rjr Plash cap of Caves which is threaded, botwd or wck*d kft the top 01 the well tb PrBvw t eeiry 109. into the wall. A "wed" wall is not a `sulker vmtt. 110. if the vrell has been seaW by someone o9wr Man a lioertW wet oontrackx Or 8 k*nsM yell sealing 111. oomtawk)e. check th* w+atl statues as 'riot in use.' 112. ff you have any questions, please Contact the MinnesdtA [Y"i-knerd of Head, Wall Managernant SsCion, 113. at (651) 201-4587 (metropoiitan f4inneapolis-el, Paul) or 14Xi0-383-SM (grester Knnesota). lore-08:w-s (srr6) Iti4l ail W i F•t-- �� Authentisign ID: AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 4. a iLOCATION M" INS form aWrcrmd by to Knng4ata li&MdMftn OF iREALMR-5 ; ; Wkidt d'ItiCfBiM any SabfBy (pttAng Qw of uw urffin" 4v ft lorffL HURNF�-I @?OM MhnM AnaUfMW 91 REAL7C1W. 5&91, MN Q,.adr, �y,nnrn!ru�1. Page - of pages Pime usetle epaar bd wtd sketch th* Beal pr*pwV b&W edd and, ID Selfe S ivloWDdRe, the approdu ate ioea*n o1 wW of the id owing an the property. []SLgMU SE ASETREnTMENT sYS� 10WELL DMETHMPHETANNEPRODUMON AIREA kWMde appw*nate canoes from fkgd refererm pills Mwh as store m, bWdInW end kndmarks. Properly located W 7303 62" AV* 2 mww Beg*, M 89428 e. 9. Sieriferandewyarlow- 7Q & A wd Atc At lii AI mmAL SHEETS NEEDED. lel��0122/2017 ] � �� .4-as-1-7 (SWIM) wale) 4 419)• ixet,e,,,dic fo�relaltln e� h aep! forrbe GtY tof Rerlr Elope N 11. OffiGINAL COPY TO UMM BROICEF4 COPIESTO ISELLM BUYER, SEAJNG BROKER. Authentisign ID; AFBBA4FA-BF1D-4A24-BDOB-14C5B34BA124 -:yr : v DISCLOSURE STATEMENT: HORNEY` SELLER'S DISCLOSURE AI TERNATiYES .o..-...r.O... r�.. �r Tri P brm appm W 4y #4 ter Aa;snpWilln 1f IREAMF S%. 111i7Nt7 dWWms any 11ai]afily af4ing OW 04 ow or ffkuw 411iktm G 2016 Minrimuto Anooidm of FFA=W, Ems, MN 1. Date 08/33/2017 2. Page 1 of , - s pages: RECORDS AND S. REPORTS, IF ANY, ARE ATTACHED AND MADE A 4. PART OF THIS (USCLOSURE 5. Property ioCSW ai 7303 band iv* x 6_ CRY of )ACV , County of xtnma fs , SWe of Minnesota- 7. WMCE: Selms of nmki withal prop". with limited m3etiaras, are QWgated to satEsfy the requiremerb of PAN Statutes 8. 513.52 through 513.60. To Damply with fife abMute, Seger must provide either a= rvrften diaMosuM to the 9. prospective Buyer (aft Phwhasms Stff&n efrt: Se,fWX Amparty Dhsclvsmu SUftwMA4 or satat * orbs of the 10. following two options. DkK osures made here, if " are riot a vm m my or guarantee of OM kind by Seller or 11. Ik nsee(s) representing or msisling a5any party In this vanssoon and ate nox a mbstituie for any IrwPeCtlone or 12. wanandes the party(m) may wish to obtain. 13. (Sam AM apLbn oj*-J 14. 1) ❑ ck5AUFim 'imRD-PAFrrY INSPECT 0K.- Seller CM11 provide to pros m Buyer a Written report thst 15. discloawas. materW Irdom ation relating to the reel property that has based prepared by a Rualffied Nrd phi' is. 'Qualified third party` means a Werastate, or local gm(emmmial agency, or any POfW whm Semi' or 17. pro peotiwe Buyer reasonably belie+res has the expertise necessary to meet the irKkmtry suMaxrds of pmefice 181 fvr the type of Inaspedicm or kweetegation that has been ooMucted by the tNrd party in order to prepa►'e the 19. written report. 20. SaSEr:atall ctl%do&e to proapbefive Buyer nurk risk facts Imlaawn by Saer #mtmntmdiet mW I dw-motion 21, that to Included In a wrtWm report, or rraatotial facts Imown by Setter that are not hmAuded in the 22. report. ? The insNmun report was fSreoFred by 24. 25 25i 27. 28- 29. so - al. a 33. 84, 35. and dated ,20 Setter discloses to Buyer the folkming moterial fads (mown by Seiler that contradict any infor ma bon included In the above referenced Inspection report. Seier discloses to Buyer the Wowing material tads known by Seger that are not included In the above neferenoed fr�on report 36. 2) N WAS; TMwrtten dimloauro required may be awalyed If Sederand pmq=M Buyer agF90In writing. $slier 37. and Buyer hereby waive iht' written disdosa m required under MN SiMulestess 513.52 11mough 51 SAD. 38. NOTE- if both Seller and prospentim Buyer agme, In writing, to waive Vw written CN=kw= required under so. MN Statutes 613.62 through 513.60, Seller Is not obligated to disclose ANY matwW ludo at wh1oh SONK 40. is aware than could adversely and signtficarrtiy aftct the Buyer'm use or enjpannerd of tkle proms or any 41. Inta nded use of the pmparty, other than those disclosure requirements created by any ofiwr law. Seller Is 42. not obligsW to update BW*r can aray charges aloft to material facts of which &Aar Is aware Drat a',>Duid 43. aadvarseiy and sagnificamty affeo the Buyefb use or anyWent of she property or any intended use of the 44. property that occur, other # an those disciosuare requiremerrts created by any other taw 45. Wafver of the dlwltrsune raeWlmd under MN Mdutm b1a.52 thnno 5l 60 do= not waly% Ittnit, or 45. Oddge any obligWon for Seiler disaloosum d by any sorter low. MN;0S,SOA•1016) lea donst" Authentisign ID: AFBBA4FA-BFID-4A24.8D08-14C5B34BA124 1� DISCL.OSURE STATEFIE ., w SELLER'S DISCLOSURE ALTEFINk IVES :�vatilalkan xnn-i. 47. ftoe2 48, pmp" l KSW at . 13021 ISInd A,yC >n - Nev Lam IN. GS47re 49, OMER Rl QU IREO DISCLOSURES, 50. NOTE- In addition to eleeft one of tttly above aRsmattva to maielirsl fact disclosure, IlAintt�.sOta law also 51. regtril+� sellers to provide other disclosures to prospective buyers, such as those dat�osures listed blow. �. Additionally, there maybe other requked div;lmures by federal, state, local, or at rgl�vgemrr anted enDrhia� S3. that are not ReM below. 54. A. SUBSURFACE SEWAGE TREATMENT SYOT'EM DISCLOSiIFM (A subsurface wm9e treatment system 55, dsciosurie is fepuired by MN SMU% 115.65.) (Check approPrfafo btaa:) 56. Samar certifies that $Nor [] DOES ® I]MS NOT know of a subsurf sewage b"Mnent system on or serving owe------- 67. the above4erscribed teak Property. Off answer is DOES, and the system does riot requkv a state permit, sf5e S& Mdba ft Sfetls►nwrt Subsurtacae Siawa,40 Tmatme: rt SyMm ) 5g. 0 Thare is a subsurface scr rage Imatmert system on Or 8er4ft like albovg-desorlbed teat property 60. (See 015dosum Statement: Subsurooe Savage Tnwtln W S)rs(ertr,) $1. ❑ There Is an abandoned subsurface sewage treatrrnertt sY:8twm on the abme-described real property. B2. (Sae Plccbsure Staterrrent Subsurom Sem9e TirWteert SYMM) ea. B. PRIVATE WELL DISCLOSURE- (A well dieclosure NW Certificeta are required by MN Statute 1031.235.) 54. pf hat* appropriate box) 65. ❑ Seller cerglies that Seller �doeS not know of argr Yrtslls on the abo+re- r d real property. 66. R Seller cartifies ItWe are mw or moos waifs bcawd on the above-descnited teat property. 87. (Sw vwfts1►m statement wee:) 68. Are there any wells serving the above-dmGri�d l��rh' that ore not baled cxt Itte proC�art} ❑Yes ® No 69. To your knmviedge, is the property In a Specief Wet C0r�n�wn Area? ❑ ®No 70. Comments: - 71.- 72. C. VALUALTIEDN EXCLUSION D=L09URE: (Requited by MN st dUke 273.11. Subd,1 s) 73. There ❑ IS [ IS Not art exclusion from maftl value for home ithproverrrerds tin this property. Any value on 74_ e>adusfor+shelf termlrtarte upon sale of the property, and thG pmpe'4r%estimated na te$tvalue far prop4r'gr tax purposes 75. shall increase. it a valuation exclusion exfift Buyers are encouraged to look into the resuMng tux 76. consequences. 77. Additional comments: 78. .� 79. D. pDREMN ANT' 1N REAL PR4PEMYTAX ACT ("RRPTe). Section 1445 of the Irit mal PAMMM Gode 8o, ptovides that a transferee (" Buyer') of a Unfted Sletes rtzsl property inlorew moo be notifkind In writing and must 81. witthhold tax it ow tmvgery ('Salter,) is a foreign pamon and no em*pijorm from FIFIF TA vilthholc" eppty. 62. Suerreprwents tat Selsr[]tS©I5NOiafonelgnpersonarmn-residardaTieninriMual,ti ncorMration, 83. fonaign partnership. foreign trust, or foreign auteta) for purposes of btoorrte taxation. This representation shall $4. survive the closing of any ttarlsartion intt6mr►g the property desMbed here. 85. NOM 0 the obolre attstrrer is1S. Buyer may ba subject tO lucerne tax vviittholding in oonnactian with the 86. trmlsaction (unless the transaction is covered by an appkcal$8 exception to FIRPTA w0hholdirig). in 87. non-mmpt transactions, Buyer may he Kable for the tax 9 Buyer fats to withhold. a e. if thrt above answer Is "IS NOT' Buyer ma y.vAsh to obtain spaaft documentation from Seller ensuring rg 09. Buyer is emvq t from the vwi#iN'tokling requiremerft as prescribed under SeE ion 1445 of the Internal 90_ Revenue Cade. 91. Due to the compi�ty and potential rusks Of tailing to comply ti►rM FIRPTA, ktdutting ttr�ysr5v resregarding 92. for withhvldit the applicable tax, Buyer and Seil9r ShOrdd seek apprvprim legal and Utz adrI b regarding 93. ETA compliance, as the r,sapective ito weem repr+rsoonting or wastw*M eltttra'r party wlfi be rraaorl� to 94. assure after party whethrer f* f*aur>r tMOn is exemptfmm the FIRPTA wtll*mkiing ret}uhvm rrt , M OSMA,2 (e116) Imocrotrr*1W Authentisign ID: AFBBA4FA-BF1D-4A24-BD08-14C5B34BA124 ■ • DISCLOSURE S"t`A EMMY.- SELLER'S DISCLOSURE ALTERNIanVES .w..,akfu.elwglh 95 q 96. Property loWed at 73021 62nd A9a a W&W >a� ®r 56428 97, E. METHAMPHETAMINE PRODUCi>EQN DISCII.OSURE: 96. (A nwdu rvleftrnkv production disdosure Is required by MN Statute 152.0275, Subd.2 (m).) 99. saber Is not aw o of any methamphetamine produclon that has occurred on the property. 100. ❑ seller is aware VW meftnphet nine productkm has occurred on the propertit 101. {See Div i b`m"Wid: "0WM2FWm+nine Findrxaliarr.) 1 M t . RADON OISCi OSURE: 103. MW ioilrayrittg Seller dWorpure 906fle6 MN SWWW 144.496.) 104. RADON WARNING "ATENEfIIT: The Unnewa De wnrnent of Reath strongly moommends that ALL 105. homebirrs hmm an indoor radon test perfomrried prior to pum base ort KrQ oocupancy, and mo mmends having 106. the radon Ieift aft€ reed If ekWed radon conc:otbat+Ms are #cuund. Fwvated radon txarhoeMaitons can easay UP. be reduced by a qualified, certified, or licensed, if appNoablo, radon mitt aW, 108, Every buyer of errg inbmvst in residentisi real property N notified that the property may present exposure to 109. dangerous **Is of indoor radon gas that may place occupants at risk of developing reftn4nduced lrmg cancer. 110. Radom, a less A hunttan calr noW. Is the leading caume of lung cancer In nonsrrmkems and the second leading ill. cum overall. The seller of any MWW in residential Mal property is (equked to provide the buyer with any 112. Inforrrtst3on on radon Kest results of the dwelling. 118. RADON IN REAL ESTATE: By signing this 5tenemern, Buyer hereby ad+nowledges rooeipt of that thiirossotra 114. Doparitrrent of Heath's pulAcadon enMed Radon In Real Estalie 1?ser "v fans, which is &tached hereto and 1151 can be iu W at www.haeAth.stte.mn-jjsffWehAndobreir/racionl(nrealesmieweb.p&. 119? A s*W who fails to direr the kTbrmaom regtdred under MN Statum 144-496, and is avrare of material facts 117. pwUlning to radon ooncentrerty ons in the propert)% is liable to the Buyer: A Wyer who Is injured by a violation of MN I M Stakde 144.496 may bring a tavb action and r nwor darnages and receive other equftabie relief as dete.4niined by 119. the CoLut Any such action must She cornmenoW within two years after the date on which the buyer closed the 120. pureha W or Vander of the reef property. 121. SELLER'S REPRESENTATIONS: The fohowing are representations made by Seller to Meextent of Seller's actual 122. k no► edge. 123. (a) Radon test(s) n tHAyE © tiAvE Neff occurred on the propertx 124. 0* lie any known radon Gonoontmtkwm. mitigation, or ramediatfon. MOTE: SaWsihatl eMPM the rrva 125. cu my room* Wd deports pertl%Wng ID mdbn ctarrcentmOon %MM rite dweffi tg, 127. 128. 129. 130. 1J1. 132. 133. 134. (c) Them# [I IS ©IS Wt a radon mltlQa*m system currently Installed on 9* property. - emr--- N oW Seller shag diactose, 0 known, kvkw na*m regarding she radon mitigation sysWm irtductng aysWm dt *odp'Wn wW documentabom 135. G. NQl110EREaARJM AIRPORTZ611MG RE-GULATI NS:iheproper Mayt*inOrnM8nalWdsa#Ot MM ISO, wah zoning reguietions adopled by the gmrr frig body that may affect the property. Stwh zonkV regulations are 137_ teed with 0* c oungr recorder in each county wftere the zoned arras is lactated. N you would Ww to determine If such ISO. zoning regulations affect the proparty. you should contact the county recorder where the ironed arm is located. MkI-, .,SSA 3 (W16) IrtS �Grhfltir��:4� Authentisign ID: AFBBA4FA-BFID-4A24-8DOB-14C5B34BA124 rKi • 4 DISMOSURE STATEMENT: SELLER'S DISCLOSURE ALTERNATIVES . .11q Wm9�vlLt 139.. age 4 140. Property Iocatad 91 Z303 63910 " K MW ma;-__, 155420 . 141 _ H. NO-nCE REtarMDING CARBON MONOXIDE DEIFECTORS. 142. MN Statute M.51 MOM Curhnn MOMWde Detects to be W&ted wilf'ra'i ten (10) feet frern all sleeping 143, m mm Carbon Monaoede DeteMrs mayor may not be personal prop" 8W MY or MW not tO "tcluded In the 144. safe of the twine. 145. f. WATER IWMUIOH AND MOLD GROWTH: 3luefes haw shovers thaf vatIOUS Wns Of water'"truslon aff6i1 many 1ft homes. wader lrdrusbrr may occur from exterior rrroisture entaring the I>xne asndlar interior moistum leaving the 147. horns,. 140. Examples of exteriar mofisD alto saourow may be 149. • "raper fisishlrV around windows wW dowb. 150: • irnprWergradhV, 151. • fbodirfa, 152_ 0 rad leeks. 1g3, Fxarnplas of Interior rnoieture sources MW be 164. • plumbing lealm, 165. • won (caused by indoor humidity that is too high or surfaces alit am too Cold), 156. overflow born tubs, shft. or toikft, 157. firewood shred indoors, 158. tr►srrc's ter use, 155- enaclequat8 venting of Wtchen and baths humfdlty. 160. frnproper venting of dottw drpr exhaust outdoors (tTta UMV elechk&I *Prs), 161. • fin"rinng laundry irdaors, 16L + hour -ng ttiern can generate large amount of nuristure. 163. In addition is the pousible struawail damage water IrrtrusVxn rW do to the PmMrty. water fnt iGn rimer also rear li 164_ in the growth of mold, milda , and other fungi. Mold owM may also cause etrurtuW dwrtne to the praperty- 165- Therebm, C is very important tv dotCict and ranum late water frdrusion PmWsms. 16& Fungi are pnmnt everywhere in our errvrronrnent, both indoors and outdcors.f4artymolds are bmeW tD humans. 167. However, mads have the ability to produce rrrycekto)dn6; that may huft a poMerdbd M eel s wlnus health problems, 168, paritcularlp in some imrnunooarnprombed Individuals and p"e who f wm eathma or aliergtee to rnold- 1 0. To o amjAk�ate mamBra, mold grarsth is often dtftkairit to detect, as it tretlLwMY grma within the wall Orualurs, N you 170. have a wncenn about water irrlrtWon or the resufiing mokVrfWdewftungi 9MWm ybu may want to corlsfder having 171- the property inspected iarmoisture proWem5 Mare entering Into a purchase agreed or as a ocmdWn oT your 172- purchaw agreematt. Such an analysis is particr4arly adviser tr you observe seining or any musty odors on the 173_ prop8t'ty. 174. J. NOInCE REG AIROM PREDATORY OFFENDER WIORMAi10N: f>ntrrr OOn r0gardtng the Pre"" 1T5. atfendw taglWy Arid pwwns regknamd vAth the prOdONY afkndw "Vil" unckw MN Stott" 24&106 176. may by Obl>aimW by Ong the Imaii taw exrfvrr*tllrrvt aiKce: in the aoa murl ft whAm the property IS 177. WCOM or#M Yleitfplp= Deparftnew of Corrections at (651 ) nSi rMD, artr0mfie Repm"ib=nt of COT"th" 17a. Web WIS Ht WwWAM(r tWetla.ittn.U& WDS.-SOA-4 PH% lnstanebi i', Authentisign ID: AFBBA4FA-BFID-0A24-BDOB-14C5B34BA124 B.iLiNL DISCLOSURE STA EVOM SELLER13 DISCI SURE ALTERNATIVIM ,(...,r,y...s:=n.• 179. Pages 180. property located at 7383 t;2nd AV* a ram. NWO w 55428 181. K. SULER'S MTEAENT: 18L {Tobea0iWatf of&ffV.) 183. Sella s) hereby erxih dzes any Hcensee(s) representiing or assisting am party(w) In Vft transaction to pro** 184. a aapy of thla Dhma D ure Staterrnan to any persons or effMy in conna%on with any adssal or onfi4sted sate of the M property. A seller may prm4de this Digdosura 5tsternant to a real estate IlDenses represenbng or saw 8 1ft pmapediv+e buyer. 7be D wkcurd Statement provided to the real estate bwnsee raprlesen9ng or asstinq a 157. prospective buyer is consWered to have been prcvfded to the prnspedive buyer. &this 1] dog re Statement Is 185. provided to the real esti to licensee representing orasMs ing the prospedi,,+e buyer, the MW estate lkewee must ISO. provide 8 cW to the WOV004 buyer. 100. QUALIFIED THMD43AM fNSPEC ON: If Seller has made a dlwbwm under the Owdff3sd Th nt+larty 191. lrrslxeclion, Seller in obligaW to disclx* to Buyer in wrWnp of wW new or changed leek of whiff Soller is aware 192. mat cm rbd adversely and signifiaanrty af%ra the Ruyees use or eeyoyment of the property or any irttarrd d use of 199. the property that odour up to the lima of cloying. To Mado" new or dtanged feels, please use ftle Amandmmt Ao 19c Dr`saWr mr ft$ went form 195. WAFVER: If Seller and Buyer agree to wely a the seller disc;wwc regu}rernank Sir is NDT waled to dadose 196. end wE NOT discim any new or dmnged infnrmeflion regwdIn } tads. 197. OTHER REOMED DKWA-08 JRi& (SeOcrw A-F): Whether Seilerhas end a QueiEf6erx T%rd Party1ropec on 190. or 1Nalvw, Seiler Is obloded to notify Buyer, In wriymg, of rmy new or ctleroW taM regar+ftg O ttisr Required 199. Mcloswres up to ft *rw of doting. To dIsdose new or chm Ved facts, please use the Anvrxbwnt to Sefl&--s 2w. Diadawm form. Auttleflhs*G T 08/22/2017 c t7a PON) {serer (cae) . L. BU1f S ACKNOWLEDOEMENT: 203. (7b be SOW at liras of purchase agnaemwrt) 204. Me, the Stryer(s) of the property, adMiowledge rt WVt of arts SOWS Diadastrrrr AWM$fh BS bM and agree to 205. the Wet rfrsdosuure option aslacterl In this form. ilWe further agree ttrat no rem ragardnq fads have am. been rude. OOW than those made In lhfs Am This Disclasure Statement is not a warranty or a guarantee of 207. any Wnd by Seger or kcensee representing or WAstirrg any party In the fsar►y-action and Is not a suitWe subs tertrr 201L for any ftpediom or warranties the party(w) may wish to obtain. S onor►aic Development Aud+n W 209. ilia 1ntnrrnstkm dried IS given to the best of the Selle is WoMedge, and for t MY of Now MW 210, fk"o mom [tc� 211. LMTB1 Q BROKER AND UCE#a M MAKE 140 HEMSENTAMMS HWA AM ARI; 21Z NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ONTHE PROPEM. rwlr OSZD" cane tnelmact r#t: z1 AGx7 2. a 1 of 4 .�_.. P813" Mfc 3. QBFINI71ONR Buyer �`'"` ` r 4. Beola9r' is COLOWELL BANKER BURNET CBroW I. !L. Buyer Elves Broker the nordmiushre right to locate Andf r tC s&OW In ne90adorw for the p vwhMSE, OK911at*9 Of (L or colon so Puss f"Pu mhaw'1 pmPaKy a1 a pies and wkh UOM *Omeptebl a to Buyer. Thls: COMMat6M brl T. _ sma ksat; . 20 33 �.... W4 eats at 91:9 p m. On DEV , 20 13 ' S. The Conirad dray only be cwKvted by vMtW mulusl agfmnwd of Iltw pa OW- S. "Onwetilrarh+s rwowasum steaeea tttat Mqw has the rlem to Owdred with other bm6am for In 10. the punchow 9fpWo durfnB Vw tarn of fit Cbrrrrat, 11. B f6`B OBi,.lBA OK: Broker stye htaloe a rMsolowe wort to 10 W Pfopw 2owpw* in s'c` Bar Owl 12. use pmft*0vnal f w wwd WdefailL�s to amif In �plidlwm for'* Punk of pr*porly' fi+Dim6' &W trealst l3eeye� 1 S. lftr MhusAthe. man. Hrokw di&O ed In Buyer'!r beat Irdwest at ell ffrnM ssrlo W to &W &H tatlwec � by low 14. or drral agen* Brflkw suit Y whh nlI aokl We felt houslnP NW ODMIIDct4MMUW MVieallMM 15. I3VYEFM a►I9LlasLy 4>t€R; Buhr 8ihell work with BfOW for ft: FwcN Se of WopwW � Ihelt�axnptty funir�s10 maker 1S. sm1r81a and ralwAInt personaf Wuncial kdOMZtan tra etmrth Buyer's suety to f ur thik s property V rsq,u . Buhr 17'. shot COOPOME WM RfoW In ilndhe s proWly to fFcrv^ wzc_ Af w e, ptwchWC asMsme d has t tad by vvlk: 14, Buyer Is lofty *W7 in Pir�l. fM t"soy. 9 I *at' rrsfum, ter 6066 ft P►rIt�. kw vM Ms oVIOr IMA #w 1S. fallum of veer to P4�, fiubW� tO reluftrl OWWr*moM, Suter WWI PRY bmkc" Alt WrOmmIlM" tom: "t 20_ Corttrs& 21. � THE PM" " THE PURc+ VXI! �s Bt�� � Mr�f� �l��'1 � 1� PRbPEFi7Y 22. SFIAL L M AIM SMT-M EA4H IWOi+ ID iAI. &AOM I N THE ERVI MRT 1 "L 23. BBB COMPOMTM: ff In alf bkmW t # �� M d flc'.s; corm i; 24. 9 Gino. or any offwr Pwwrti aCWV un Buy4rt Wwll. a?�ev to P� OnY ' Y 25, ft fopw*v Companwom will &MfY6 a. ae at M 1. Bcryeragremd6 to Pay BrWaaa° a n sFnsr i65 of _theovrr:nY v�r s .rs: r�i iti > C rxr u^.dr, s Zr. MM hoot! Ile ieeep! Icy Br01c®r whtttf�e or rticrE Bs �r f a PAY. lfitt rem icr. rri�li � ate? t t�r►Tki �e?tl�rot^f;ar 29. of any obipw lim to ownPwol" Brolost: 29.2. 30. 31. 32. 33. 34. 35. X 3T. 36. 39. Q. SuVw tshWI PW ti�iW a Bsoket q�rrpett>a�4ior4 -- �- Pt l�1 the SaAht2 lxine y' Ym z Gaarmiseiast'� eta when Buytrr clam tlta Pum , if: Me A7 Brysr wuftaM or SgqMw ta. Kwmm a prap&ty before #0 exPirmW at this Cane'aet. whh Ow asslshnooe of the BMW or Ilr;or M& MMORWAIry or "Waling &W, or B: wMin on dew fa+� cucaedtri+r mt>r � eitertha a+ep9retiosa this Gorttrsol. Bs+Yee Purdtassoss property which s3tfrer Brokw ar bm-w MINOW&V Or "Sixft Bwr w hm OWWV shorn Buyw or In vuhk:h Byer has rrwde sn aftmb�* shmft Of RANGA t o Btalw ar Iivanee MpMawVft crazol"11 p$WwWOM the &Vhfionof this cw*aat� as am BriAw has Iderttilied finis PMPORy an a writlrn list BMWORM to Bww Vritllin 7;2 hours• after #w. wqlrsadw of Oft Canrhsof. Broker is w hwisred to n*padaw trw rpcntvv oorrpensobn gaid try sonar. or bmkirr mpmw enting ar aaslsft see W, " Broker lak)nm Buyas in wrignp bvfcxu 6wyw•*jMV W, ow to pumhm the p opwW. Any etw"nsaw awWted by BMW from saner. or brr*w ffiPmWrdng cr assWtkV roe , O SSM.L ❑84L" tjOT mducs enV obligsiian of 41. OVW to ply the -pemMaW po ion of Coerurftion. %Dw 42, Commiselan (wa ilne 29) at alosim. 43. i3rryw orrdarts W* OWBuffdwr, rot !rave to pay L_04_, c wnprma a IIBuyw vigne 8rr UW vaild MW FWNQYAM 44. CeRlt"Or facltWQr MVRr * apreerr'+et'if r;tW Wh& rMia3Uon' w' cznc4HAWn of ibis Agivemeet, under which Brayer Its 4E. otllipiated to coffoa sato aErr Whw licensed real estatf, WOW Bum MnWVA MWOM to PRY ft "fixed" potion Of 02H0RjSG LLCrs.A=SL>rlaA1r13"1t&t3raRCAoMralydAl8eoro[ sl6oQaniunly%Wo t ax VkrrMrA*ed�titnlfwFeeeo4CA= lELsCoiiRBut tr�ta i61r4r C tt�i � e t4u.a •�.,neprodarsr rixnrctar soa� rtraodnsar rid roe na nrP � 1aald++eY' 8 G Insta rW . , BUYER pppREsENraTION ErUkNEr 47. CAUTIG* BUYER'S ACLfIONS IN LOCATING A PROPERTY MAY AFFECT PAYMENT OF COMPENSATION By 40. SfS. LEE AND MAYTHhIWORE ONXWWE BVM'1 O POLY ALL.OR PAM of THE GOMPENSOMON IN 49. CASH ATCLOSING. FOR EXAMPLlt THE ACT OFOUNG THROUGHAN Opffi HOUSE UMAC OMPANWO 50. BY BUYER'S unOKMOR tID04M I1 PRIESO ilNG ORASSWTtNak SUM OR SIGNING A PURCHASE 51 • AQVIE11MOUITTHRLI"ANOTHER LROKEA Out WITH OWINIER {FOR SALE B YOWNEFQ MAY REQWW- 52. WJYER% PAYMENT OF THE FLIL.4 COMPENSATION TO BUYER'S BRR?Mll L 53. WNERAL NATURE OF PROPERTpnckdlrig the *07'lulg PAY Wes: N• new com or trs-da-4xa Y:it.) 54, rho[* off ow HA*.) 55. ❑ CanmwdaNlMudit ❑ Farm El Racraaiflori 58. ® RaidafllielfiftesbUM m fieabdarrtiavp6monal C7 varem Land 57. CLOSM SERYLE*k C 58. NOTICE THE REAL GWTA7E BROKER,FjEpRESWnNG on ASSIM IM0 8L1fER OR REAL EBTWE CL.oSINC 88. AGENT HAS kQT ExPREWED AND. UNDM APMJCAM-E STATE LAW, MAY NOT Magj SS OPINVNS 60, RIE; GARUING THE LEGAL. EFFEC OF IM CLOSING DOWMEN M OR OF TIE CLOSING 1 CIF 61. After a pumhw agreemem fOr the prvpeity is signed. *nzrqerrwft must ba rrode to close the trartesatl0n. BLrY'a►' 82. undersho ds thatno one can rw* im 6u+ w tag tma partLrUW person In u 0mcci m wait a reed asmo dosirg BWKFA t'�Id #W Buyer a Y wmnr f« a q�t iNsd closing aft or radorneyr to conduct the efting. C� L- hag 64. orIa go to provide closing SWAM far no dWft, fivwph Durres Tale, which is urxiar corms= otwrinraltlp w6h COLMVELL 55. BANKER BURNEr at a chmVe of $3W.00 pity at fhe time of cUmbiS. All documeft related to the cu*ng will be 0& avalauble for revue by my attomvY. a=unbm-* or snwo6W advisor at the closing or, upon requast, prior to thr daring. 67. Plaase dick and irMal if you wish to have COL.Di1d LL UWKER BLMET arrange to FnoAda the Clo ft of Yotr tw s[film 6& for the charge stated above. it, ad►" fig. ❑vas. Buyw wistm to have GULOWEL L BMIKER BLNWET arrange to pmvids the closing service at To. Mur" Ow" Burnet Title. Claming Agent, Burnet TWe "I mntmd Buyer at the Addmass below wW by a -mall at 71. V-fr l • and E nulk 72- ❑fir Buyer allthorIzm Burry Title to 0-strap Buyer a DDOU ign "WiOn arad Comet Form 73. tack lRWM for recelvirg irfec"nlc updom and vWmfng wWcr carnplet V depostled 74_ Qacurnm tatlan and d6dosures• DWEes aom plstce and pertk#mtlon In Doan` on Is T5. at Buyer's dimreWn, voluntary aid optWnW. Suyer nY daclbns the iNUtim ar 76. withdraw from DocuSlgn ad ar'rytim f0ir" Boyer provides the ftf6laerino sell T7. pipe rrurri mm to reams text &W ma musty ty passwords If required by 8~T Wo: To. Cell Mr. and Call ND: 79. WN0. + --.. Buyer Strait make the necessary arrxrrgerriartis for c f})e hVv*ctlan, wW& ckWng 80. shall be pat iomled by Buyers attiorrery or outer qu llifred cltrs€ng ags►t- a,. ptSCLOWRE RWAMING pMCOVERAGE: Brauer 6WHx ra funds received an Buyer's behatl in MbD or 82. federsdfy c tartered banks tW we Insured by the Federal wit In3u sM Carpra'sW (IUC")•'be account la 83. ca.rterrtly held at Batik of Arne4m FL]tC deposit imu ffinco coverage appties to s nlmn u n amount of $250MO W a4. depositor for departs held In titer earner legal amwmijp cmagmy at each bank. For m mr0e, funds hold on Buyers bet►31r 85. In an account m9ft tglned by Brokerwili be combk►ed with any IndMdtsei amou►itr, held draatty by Buyer>at the s*M bank $8. Buyer Is respDrAd ale for monitoring the toW mmurtt Of dePoft Out w* owned dlreatly or indirectly by Buyc+rr In any Otte 87. bw*. If Buyer has yuastlOns about FDIC depost kwumnce. acrtlact BuyeeB firanctaf or legal advk*m or go to as. kttpd www.f+dloAwtd43awltkkPosiWtnde hw- &akar does rot ghee the aofvency of any hank into wf+ttch iunds on 99. are deposited and B►olm assuma$ no Iieblilty for any Ions Buyer lrtcur9 dub to the fa IM, inraMmW Or Suspemlon of 9D, of any bank or thus' insuffchmiay Of fee $M,000 FEW deposit insunanee f1rtllt. S1. BtJYEPIS fUC1{ mmmmF iial= FommiNG L]l5f: MURl=lW D AC;FIEE TO BROKER 92. 04* x' 010 DEP CSITING AND INVESTING BUYERS FUNDS AS DEBCRII' W ABOVE. " At DITIONAL COSTS: Buyer a CCkrx wledges shalt Buyer may be rogt0ed to pay 0~ closing ocgls, which may effac"y 94. Increase the cater outlay of Closing. 85. DEIGN INVWrNWNT IN REAL PROPERTY TAXACT C"PNWTA"r SOWW 1445 offthe Irrlerraalt Revenue Code provides al. thetSei� s B lareIgn ppemhmm on and at a WrC� am frm s mal �A w1tWtf4 O [nteTest madpp y A Berri m the personally ItbieCfortr the full 0nj66smerHedt LLC RifRlph I�erved.ColArreliB ierBururttull►=uppnrFsthepfm�idrsay#theFpi#iaursgl�crendllleE rasappoRtNty�ti i ledf�eru Brl NF1 r a2*U & 0 lIr rA W W LO at1Cui PWtd � idl�Ai Bt1 r 19ur6ei� eari�r 8oei wm u c ri* at+aeie a A CBRT14 W61 Irtsfetret BUy9R ROMMEWAnoN CONMCT: NONEXCLUS E: q.PAGOa 69. u;>rradaaA Ct RRpTA variitdfoWkjqI;sx >�ed to be tvltht Id uanleM the Setae fumM" Buyer with ap cMC da stl5W 100. ensuring MW is WWOftM#W WttMaWhg nKWkWn rrst uo poorbed uAder 26 Lf$G §1446. Dim to this c rrspi" 101. aid auyer st ulds a WIN to riaW IQ mW ��ed� n� IMP' A carr+{�t OW,10 S+nkew WW use' to he vPP5CabiB 102. teat, B�' u3lwuld Breit uepprvpeiate � 3g i. u:sauna t3sgaertieat the fe ooca t Ttwn the w1hho1dk9 mgedrwnwd& 10C PRNIQE popeMONANARRAMM. 130010kr fflC01nTMdt that Buyer obtain a pt vate t' om b%Pxffim to y WMMW 105. hernetf vrith lute Cd con ditlon of ti1e �l� Fudh anon&. ttasne ere vuaa;etardy prog� a vellableforaome pmpertieu 106.which watrard the psrforrr►stnt* of a:WWA cornponaMe of a ptopwty, whlCh werrstrlty pMWwyW "r nW wish to - - - w.4- an +hM pt�rJ�es er ernt Itl71rMD Y 7 a$. AGQQCY it : If the &Wchoosrs W PurChaae a prOPGttY Breed by Broroiw. a dud agasticy wit be ctae* d. 109. Tuts rrlMw truer BtoW wit ra pmeart bush the Hupw WO tune selfeK, and owe the awn dui to 8W r,M)w 110.awes to the Buyer. Thls con%& Of tntKStt will Mvt� Brok,ar tram advocatbv MAhOWY an to Buywl�l bow DW 111. agenaY will tlmit Itaa Ieve1 at WrewntatiOA BmItu cacti providd. d a duud agetw ahuould WiM, the &W Wilt Ms d to 112. that usarrlldarrtlal alto merlon at>eut prise. terms WW m0dvertion wm 01 be kept crardldr n1W unlrsa the Bayer Inairuaba 11$. Btdtw• in writing to disalwo speoM krTarrrwf m obwat the Suyer AN nt w kdarrrration will be shared. &vker carrWl 40 114. its a dual RV&M t dMs both the Buyer wW the Helfer agree 10 It. By aVedng to a pomble dual agwM, i!a Buyer wW be 115. givtng up the right to axciusivua napregwea*m an fn4xx sa trarzaCtion. However, it BuyarzhatM 6=0 not Uo wee 11 & to a pvre>hla duel agency, and the DuW wanm Broker to repmverrt the Buyer. the Buyer mar Viva up #4 q*OrWnity to 117. PUTdV ae the #toques lewd by SraW, 116. 11 S. Hm&Q reued and urtsduerslaaad ibis WomlatiOn About duW a�wy. Bt War ruaar a t3rai[Br es foibws: 120. 0 Buyer vAl agree to a dual nepre�'+ aOn and will oarladder prier listed by Bta}te+; 121. (3 Buyer WHI rlryt agme to a dui agency mepraaaa Uwon and vat not consider pm W� by &bka� 122. Real Estaate COMPWy IMte= f "flE .s - BANKERSURNET 123. '�-! ►t 124.13y:"`"' ixorsgarri[ D�Aa 2 **Axon BuYw- - In uud for do CILY Of ftw H4Pe t26 ADDi43oldiu. Nt TtM AIDS Buyer oclanowada" drat during the course of the markup elf hurt pnsplstytnay 127- are pLFuhaeir Q Intorrrt Uon aW P1 of that property nrW hbrve ban pumed on the WWrwt wtm* It wAy cont4nue to 128. be av$,ftWe for Yumi sg by the Wwfal parade. In the s+r d BMW pxdW" e W)t44A S d pray, Buyer WftWtr" 13e. SraloedSaleapertrarr to anter the property as a Camp two in HILS terxattt& on Swes beta . Buyer WWWOedaft th►a 130. pODOWltY Od tine selere or sr8W% � mky not tra d the �+ae. barns 4r Car�tlnrts of auliuwO con Abort be 131. unless rntiely is m qulmd bi law, mg � or by any �► agm rrarrrt balloDen the �urtiea. I r4rtjwrixu3 1 a. Closing AW4 to provide Bray' a txWy of tyre Bsttlwnnsre > ertt or DWbumsirnmft S'balar wa at the t> • 133.OR'#i6R POTEN>r1Ak BtlltlaM Buff w}der *mw b toed G#w pOtwm buuyoea m yconeWWWWOrmWW of mio Pandum 134. through faker the sarne or afrrdter properties as Btgw is esaeking to Purrrtwse. BuYw WnWrfAs to Broken' rspraffiffldng 135. such Othat phi bufm befoie, during and dw the expiration at fts MrMnact, 13& pRWOUS AevMV RELAT aNSMPS: &okor or Rcertsee mPmsw* g ar Ming BLWw may t» had a previous 137. agency traiatW4hlp with a rely of a Property Buyer is irrtasdeted In Purchaadng. Buyer *cWmwlodguts that Buysr's Broker IS& or f cef n ee rues noerrttry or anisting Buyer Is "Wly req*Wto keep hifarrrredion MgU tutg tip ullirrlab price and terms 139. the &Wier would atxcerPt and clue metvadlon for sWkV oon:*ien iW. M known 14(L NI�'f10EREOARDtI�gl F'� OFRNDER INFORff11A'flmm Isrdaerrs mom ngthepteadabaryolireri�r�istrY 141. and p tagtsbmd whh tta � oftndrr neplstry t� tdlfat SWM 24&jw *r Wtw nbbft*d day e�rOW:th g 1 A2. the hmma taw errfoncament u7,ifiore in tha con=unify whom the prop" veeb site art�vuwlaae rarttO � eU 143_ � at 10t) 361 T001 or horn list; DgmrUr*M of Conoa tt ris 144. OX-OTRMIC sit; NA7URM Thu pwtlee agree the elecdbronic Wgrvatum of anY party on &M da mwlt related to this 145.ttattsatation f,SQ aUe V" bWng 4dgmMM• of NAT eamaacMOM rat rgphlaRaoand cald4uria PC M=�rta�p s�t etoivM6 �� �"�tlt� gw WM V"+ MWs rdAgwlat�t7oi�r 1 art tltL7 rlc, eernrr sroe r,e t1sI11kCt' low rra r CORI1c8fts 1 aua N+s � t3a W if" art idrpeswdad is des awrin= r,d srr d esphYAN 91 Ob SOW &neat. ln HVM ReppMSEWAMON ��]RNET 1ae.Pop a 147. CONSENT FOR [ OMMUiWAj*WMAFXEMC1w Boyar auitlorims Brboker itvl m and ts9 nat e Buyer 6 r 1� isrfarmwWn, awh asp nacm, fhOM numb, e+r d &*'Two and bat A0Y. ur4 A HorM 5hWkL 149. grid r Wkang partnsro - PHH Mon* Loans, Beat T rd% CS&SO 6dga lrdamwooa o. THEFt This a tr ct isfow the purch"o of 7303 62nd AV& 16 Nit Hops oa1Y- 161. 152. 153. 157. Mwu" ltiisan 15$.tLkaww Pro" PMMI 158. 2 G i Labr 8.'r IF valew wx+aeKta, 1a0 653l�-1994 15M e3%2.—$6c1- jag w- anrony 161- real 3at=.E.t a 0,ffiI P40d" MO) fez BUTER ACCgPTEDUW InamcifortMOWOf New HOP* [.fie° , "1-d Q A BUYER A`CEFM' PUeM PW 1e4. rho* Etas. a -MO 166. THIS IS ALEOMLY BINDING [ TRACT 8ETWEEN BUYER AND BROKE[. 167. F YOU DMFM i.EGAL OR TAX AVM%0DHWLT AN APMPFUATE PHpft MONA6• Bi�8itr6uaeiRea LiCAaH xrri eerwd.m�d+versrar�reur.aafuly tcrr�et A Reap r Q}s�*r�rNwatggr�l+l�ddrrlfib�ioP ►+db��� o! llRi L1 C CE13Mlel rimer and trr Edrd1 Bgr�irr Logo em re�kla�sd ra�1tl o�erraa t oldrroti i1� osier aD �► t ay RtiiW P11i� Bmker$wani are i�de�er►der# tar�ra�lnr eeies aaaoarrdgst and a� not�'rp�nyearcl Cn1�w� �sleer BurarL lnstonef i'or�wis, � IIgF REAL ESTkT€ E EDM H40MtrOTEC ION er Pricing and Application Pl*AW Hom Sly �eArwf re�u iP�aaaliaaMn arara�dwrrW npMw� -- ^ ., P r •. - - ..ate•••-. • _�._ .-_ 1303 142nd Rwv� M ruIb1eRWPA F—ew MME am 5542$ Or sits zw Ote�tfonLr9Ctlf ttaar�►R FbOMMUM6ar EwAA"w drBnrad�as•Or,kNd�an►foa�aaraed M.r.rp° —.a 77. . OMMU e.raa w st In 4a for the CH-tv- at. X" Rom rbamma PMntAvtf%*1ft Fk—fp-w in and fior the Cft of hhw 1 OPe rda�Nll.ns-a,qr#/�..M r�.nr..+aka �.ey PROTG=K PLM PACKAM 5.r�t Fom� Flom [SrHj Cerrdaftavrtromyl��lahsc Home . �;• � IVIYJConSuuLlimr SFIi pri'� �'. '. NMCw"vuQrpnC*vw* rl.l�,l • �S.', sunnornow � w'Yn rnuarsnw Adddror IWiilpiftts= I7s1S ❑s" VAN" Owd3epn *MOM Purnp%&SVpWSEKWEXMF p� �s;7o Parnp- Swmudal Pant rgwVms4rr" Qsyu Oily SolPgwpa,rrd i3ftdo ❑Seas sifnminCMWlSOO42po +dOwtw Osuo Os as Sa4w ffP &?4M,attt- 13suo OSpf •AvA&o*w4h*a[SIVO WAG and R*WCOnVI&Pathgm ua;'Yot avaS" rwCwdwto,nstweviJAA" atoms Ai x alit ofrw� a yw hom pmuxtion plan pricbW liar more iAwntulSion, CALL 800-MS-�66g.. UNrrtrr taataORmltlrm�cl4,o�r Ir;rla�raYmn� 13 C1 alarnllr�oer�hu,eMaiM�r Furb&WNUNbW 0-ftW— ac.rnoeaw-&w J-- raphow .b.r de�swaaoab,row. 0-6% ar+++rr... rs,Qnrww S75 TradeSarWca [ait Fig .Oar:�r_an»omaihuadCo.poratwn.;�l�, t►�:•r�+•,cr !bUt, iMPW7 YeLaswu0sd{wo"M 09ftnbM sus own "am Pr t PbLn P'ar&a Suye Hgxw Pminoan plan 3 dwdr OpHomTOtd S Srler(brrraaepplion S COMM• s IVOrE UrriW ed�ra�eita aroled.al prlas dnnrenwfir sarrywr Ryratme+n Turn foc-f* w undw $am sk &e.Tn rbmirt qumw (rr*Vsf m;n )mares aW S,ow rg. fM formal adf pal ft ouWOv ■rdi prupetski,>wd for &7mu Psi Pons, PIWA, a wvn7ww Amtdq,oilase5ti1�m�9Fra.idr.'or�krh�iaaplrLrrwarrcd�eB rdwd cstgta l�en frr. prp., tomru+dSarrlthYs� rarrtiswRxai*<+ die a ree�proaldrro+rareailvn irwrtrlaAFfPt•6g app5odan, pra sdfa eriee ihr�rr irdlprsdria�w�lo� ra�6 AFiSaad wt3raitrE fl5iopxw�dal�OtaNlioalpere�ed9arili�peom,tEws►cin4MMle wAdAL 7> 140*ths baftd imCol W Bubur HIM fteulkL MaIP- esrrnp.I rt RaftdA mFrafsheCatiad &mkrrii.nr NvbzHoaPI oattrJuxdsrttWte6zl t>I�arrkn►s sadtsd�siont,tud E�cpPOtggarIt� °f i� Id4dir.* +ap+erktse! Lalda4 r}iemcireledwnlltnr�rwrgEp �CCp1lpTrtlC [ia�rRfoprn4� au}.v �wd-• '� 1 71, invndfiwd*CftatIIMRqw fnsicrnsl' 3► OD CR: Relatl Fri d strteeflonir All parties to any u nsaetion mvoMog teal tote should be mntditrl ad take precautiUM to mid Ming victimiZO& Buycmrr mta tntt be tugatnd relubrig to their eamest money and or securityAwt dcpozits. Sells rsli.ttn orris can be tvgcted relating to their proceeds or rental seaoctnt funds. are targeting etnana =*untE of various patties mwlved in a roll eatsic ftwevi iim (e.g., lawyara, title agents, mcopp brokeas, mW estrtte sgt: 4 AMng other con=T4s. tltia Ms led to *&LWajcnt wining k seructiow Wng used to divest funds to the c6minal's bank account. Th= emails may look I&e legtq udc =Mh *014 the P party. Broker S&cw* recoa men& that; you„ your lawyers wW o then warkI ng on it ir=Mt:ftnf stould rdrain fhm pladq any sandtive pavenol sad fiwindal lnfut n in an dbu* or du ouo an tmOR W*whmmL Whoa You Ace'd tc alsam S9cW SecKrlty numbus' bank st ourtl, mlt aW aunbw% wh ing ;ubmcliosss or tdmMac SCMIdd" lnfO mtitiin, we savoey recommend uting mere seemn Memns, wwh as prwWft the tttformatiou in peraan, over tht phorke, or througk swum mall or packW set► vle2r, whenever possible. la admen, kdM You wire any f mk to mW hull goduding yoIr kwycr, stile qwts rnarWV broker, or t"l estate &got) nett 0211v calf them to cvaiIna It it 1"Mmaw C"61 cu&m the ABA rowftg number or SWM osdoe fund M&I xemunt nam6w). You Aftuld call them at a num cr that you obWn on your own (a.&, the Wes cOnlOct; their wcbsitc� efc.) and not uae the ph= nutnbLT in the amil h order to be surd that you am mnUe itt6 a legit9mM I%1% and =,*&i a Logy 0:0 *h4 notion. CUent/Curtocamw -etmcnewelaprtteett� e� lq and Tor fltr C:y of Now Hope Ciirant/Custaamar Date Instanet r . ! AGENCY RELA'I ONSHIPS iN NONS REAL ESTATE TRANS►ACTI �il1tC� 1. Page I .�w........n reel GMte brdwfs or aaiesparsons des v�ridi 2. fiwt in am raistirongttiit, n� aretisladbelow.T�a S. oomumew whatMm of apermy fW4m rt oon grata o"dWm The evaffa a optiorta 4. is not a oa bwL This is art egwW dloodw ura do 0 only. ifym desirs � you axe fill" ill" k" a 6. wr1lE�ut ntwfirarot. to (a te wnbut or a "rAartsrrt represent; I" '► oars � vA t�4t such 108 6. es cllonae b eMt3r iMn a ttorftt4 i ctontrsct sior l�reserrlati'or', ym wil be tract dad us a reraforne� 7'. wy repreeertfatim h+orrt the twoMr or ealesp ers�om The brokw or amlespOfsw i M be 8a6r>p act a mac (see e. parra0tM* N oa page two (2)). tutfass the braiw or *a6Wwri is repro M*w pM as dmxftd belOW 9. FNi. Utllfa scfamwtedga that lt" hwo bawl pMaaarrW vr1M tim afow.dOWUHd ap[ia W Ia. vvk undwaland lot, ungi U" have a rapraaarrFaIbn a01r md, UW*'an&m "m mpreawded by fly f 1. btinloWeaateaiptuaarr. M*mW&vbmrid the ws MM ortaasrt is ,,WW *w a du8j allmy wb ion mh1p- f2 Tti® d; A=EZ NLY, t OT A FACT FOR MA7101'L pow Ia tr.ia rar rl►e tm � rwe.r *� tetio Is il�rtiead to tfie its txuvrar: 14. L 3diar'r«li.andkWIs Br�altsr ►a t►mker who fisri a pr+a#�e ft or a fir+ tirolaer abm t . 1s. tests the SWierll.e�ridkxd apt nags on bQhait a ttit: SeU �nttiord. A �rntrst go� to the t 16. the SeWaandlom #* rw y duties Ommrbod on pW ow (2). The broicdr t7. UW rmetarial tacm ss dttieaed In MN Sty MAIL Subd. % of whEoti the brpioer is aware ttm ondd sdvsrttety OM s S. sigfiYlfcaritty ew the Buyefe use or erilaY►rtertt of " property. (MN SMO 12M. &Lb& 3 does MA apply to UL ref"iAmbe trwMaW019 ) if a Mkw ur wjqs� rrr9 with a &WwT"r►t as s rxI Is "Mwr&V the 20,. Se4ltrriiandiord, tie or she must not in � triiaarrredon $cqurred fnfn � reie�'�onsMi�bD� 21. Irdommbon d*ft)ed#ahirri artier, a eta wM ewriot mi bo advise erid v78Phmwv'• 2Z IV art page two (2)), h the�i. mesa, fhe SCtygrlTQn AvAll riot be mpreser"d 23. from the bar or � 24. IL B BrorMm A BuyerlTert>trit may ender tib an agr+eernavd tar ti m bmlw a""mm to 2& wid edon bsftatf of the Buye0brmnLThsbn*w nW rnpreeantlhe Btryerrl'a"M MtA VW rKgtfte WierAmmOwd, 2& aen dire at eha W being gaud ki wt" or In part by itie SelleaUndlard. A Biryr rWTWwft broitttr Ow" to Me 27. BuyedT#irmrtt tits tdodwy duties duactibed an papa biro M P'Tha bt &w mM diedose th 00 Btril+er WOW facts 28. as cdeCtricd in MN Statt7ter f32.B8, Subd. 3, of which ihs braker ig evvr * fi* ooM arbama y a-4 tenth' OW 29. thrr Buyeeg reps or on}nyrrtrind of the pnMerty� (MN Sbl&ft 82M, &M.3 doeanotapptyfe raartl Wdsm trartmtst9w&) 3D. tt a brdoar or ttttieveratart wo ift wi tr A S rh 10 it cuabrtier is MMMnOV 1* BWMf%Mhe 'or 31. she mtwt act in tt* lkywwwmtra beet" Nest snit mint to life BuyetlTanitt tdfy k tm2l m &*"d to NM (on paragraph IV on pu g2, or her, exMx K OmAdw* Irgonrtodan mMjkW in a bz tetor rkfonshfp pa hwo (8)). In 33. that tom, ilia Sailarli.andlord wifi rat be repw3aented srtd iMH ria reaelva advice and saurwrd iron, the bialuar dr 34. saiespersori_ 3s. nt. Dual Agency - Mokw R■pr.seniirrp bcdh G"WLM1d10b ana o4syedToemi b Duel a9srcY Occurs when Ow 3B. bmkor or safeepe w rmrtfeerrt>l b0h pw'lies tD 9 trarisao0m, or when two sawaparm"Vowumdto 1he satria $7. boiasr each mpmWd a PwtY to this twmwtk rt. f)trat epemy mwres the Niforrrted t:pmrit of an parties, and 39. :ole * that io broker and W biokter arirf sa t� �+ pmvkik MW �� k D9 39. ro#ra tiril;to tits W of repaesarim8ori 40. wwKw iratyfur either Marty" Ina dual aoesicy, =Miderttisi irrlo maftn mutpdcewW � to41. a trw mcoon vM be %W emOdnriliai uniesa aria Party butte bror saie6�perYpCats for t y d%Dk 42, apecft int muMon BWIA *A or her. other ittiar a ioa iwll be Shand. Dual agents mq not IId 43, to ilre detrynsrd Of lire alhe€P 44. Vl E-dn the kWtagons dmatod ate, dvaE Wft ovaAe to both eekerawrd and Btryerf'lertere Etta TB. Sd ry 45. duties desaibed bwnw Mai agents mtrstdbdme to Buyers medal f 0 i" M of B. 3 4, of wttidi tits broltsr is aware that couid adversely eruf aipri kantly sum or wWm the 47. roperty. (MN SW10s B2a8. S� 8 do" not applylo rentafll wo ftwm rRierta.) 48. � } r have nod the oPpartr► WY is rowsw Um 7Ynabs ROM*V i'mdatwY ofwtder 1%brrr*ort' orr 49. pap two (2) i [en Q Iq artdtbrtheagd u..►r+ope NT���AGENCY REUTIONSNIPS IN BURNET IREA , ESTATE TRAN SkCTlf NS mil. �.. � M 6o. AAge 2 51. IV. FjteWtetpe. A bR'i�r w "sperevn who peiforrrts seMM6 br a g�r�'enw- a 6e mrH.ariralord or berth but 62. rtot mprresernt eaaw ins ftxj&ry oepr&Y a$ a Ijr'eli"erelarttl& BMW. SalterW&andlord"e Brokof or Duet S& A@ W-THE FACEMCM BROW OR HAL.KSMMM DOES M070WEANY PANTY INTOFTHE FIDE 54. OUTEM LIB BELOW, I'=FM COMDVMA ffy, UNLEM T"CW [ =E& ARE INCLUDED 1K A 5& WRITTEN FAMU W GERVIM AMEFR NT. Ton %oWfttw broer or sWmaperrion awes oth6 utY Of Sk oortii Or to the partyr"O�M no other dtAy to ttre party m t mPt ftm *AIM rmt uhW by law of 57. 4 wraen faoMh&aa ee tar servicOreOM07% tf er* Ira tits @Wnt%x itrpi6tatWbmku or mabaspwwn wmidnq vMh a Buyerf So. Te wit slxm a prGp" HMd by ft Mifitetor broker of $tareaat, Om " fadfimix bm*K or salWersm 60. must p�Bp►.C/I��as z 9 a/Urvd1*.rd��[IE3,.roiWr (see, paraD� 1 on py.`e�o�rlys�tS) in t�s e+rmmttaa 1}mi hator brra. er or am qWwg....w. . vi�iMft a WwiL an4i.vd,a=" a e � Y 1GpflV '� by a' �rn R." •^li� rQ�amwAnW 61. by the RcMaW broker or selpapm r, jhan V16 tadlitatar broker or mMspet= must act as A "r'ar1'eriarrtt m Bro&w (we pamgmph Ill on pap eam (i )). 63. M THO dodos00 is re wlmd by low irk ahY ttenumOn MmMng Property 0=0ed or infaaded to be 0=09d by get. arts to tour farrom as their mstd 65, m 'M Wud&rY duW. nX0110 t6d ebOm " 11 bet"' and have the to kV meranings: 66. LZ - broksfftOl rstrrt will act 0* in cdW49Y bW intOrGgL 67. v=- brokerisswoMmorr wRI carry out ati dl8f*)` 4vaM kvVU31RM- a& DkIME9 - wdmTAmjes} w=i MR dkioseta djant(s) a matedel fearcts QT"L^l ► Evm kremiedge fag. wl*A mV.t mamady aftet the cReentt*Y uve N�d enO rrmtt of tie Fr PWVt 70. QxffAt0hJ& - brokmrrraeleslp�Mml wM >e,-P oftnt(5)'con9de-Qsg unless required by tram to 6%NOW aPeaalllo 71. lre xmaftm (-?.h as dis-$00ure of Mat anal f W 13WB )3 72. t? � t' grg- broken pe v4H usr3 reasanatfd CLM Irk pefsrrdn ttstir7s s: es.n r rtL 73. AQ2M$31W� - brolaerlsalespemon wW az=nt to cilent(s) fix' d o [&)' tee' and proparh'' revered as agent. 74, to tf 901er{a]Ut4iar,00 0600) not to a9w'b e1 dues] sgwfy rela'nrmSp. MEY A've up the 75. oppmrtunity Z g®lU UM ttre fsrnfaertY is 8UYa0YTaMt't['0 raeprr V~ be ' a� tom' 9 A ��rl� 76. i� nant[e) a el riot to a£grao to a dual & FOIdOMNA 8WOK � to 77. purchazaiwm PrOPmrW, ktad by ft brotW, 76. pm to tserttlert ft 73. re gleiry anti puns MgWw d vft that pr'sftb� o4fetridur reagWry udder M � 241A it [rkcy bt ao. obtak" by o eM� the lamas truer a f*MmAnt Oft" In the cafr� Wham " r°tY 61. arthe 1�llnrrers filed rem af.(651) $"-7200,01rtmmth9 Dq=rbeer crlotC.ari *clti mavftbsftut 82. txtk+rrra=ff-A2k- rrnAm ruua�C� WM4) Inslnrrabopm, AFFILIATED BIISIN13S itWNCEMENi =UISUR STlI;!'®M BLET The Comww ftm Oolti m i3,frdoer BuAet jgftforM is s 8Ntff or plus wM Wpr, en Mlstm rdem t01Qt Y propetgr you tnaylCarl I(W pup nl$ vvrtiz the asses dr � B� bumOt ThW W %W"Vw WON the 6eid>faati OP"- bwK1 EWdlwyol RIWOW Hol" DUM' I' ' hesx tx iiiesr rr manses WM ttw aomparLiN t" WWI in ttds 5tatarst Raft' MMMA Cam, n 100% Of KM W, WMd OWns'W% nt fpf W' AY Holds Carp. also we 10016 d ago CMTWW rim dm. ftrthf nuxWP Wmkg'�- r- wt► M RU*W Gvvr aea HerAjm Pat" LLC, a su4alt Wy of fit*& HaWjW "., has a 49.9% OWrOSW lift"S . l4rrtsfa�+ FlatdlrtiQs Care nnmx dtls (tle►rhlents W the KM � c3;� M". REAL ESTATE, COLMVELI_ SMIK�,1,'t ZMLL t MXM C1�- MAL*, CENTURY 21", EPA'k, PM 5t]"I'tlt�1" � iti YERiriAliUML F00ft tt mwNsa �M 8ecw►Sa of ptiere relwlarfs?dps, 6asioarlt rrrtortal of kW" to ferry o1 thf aarrrpafrkas NOW bdm fray Prov & Omirar, PAmk r Heldtonga Carp., iT LLC, fhe tmOft Z; nwrted by 1�loslf R C"•, f* frt ryeet, ttl S or my rarer t0*6 pr6 a mated hors a 11no* or CJW bmi. :tat fardt bow,, she estftrtsded crrar, o' rand+ of dgW for ttw wbwwa saM=1►tttA You m NOT rrrgrdrstl to um this MWO Pmdd s as a oandim at Itle THERE ARE 53 ARfll1NDID yR �if�IHi THAT YOU ARE � � BEST SE S M D THE SES'� RM P TKM �- MCLAR SEHVIGF�, YL14i AF4E � � i0010"IEst I'm "MR Laura, LLC pkili Ham Looms, LLC dfbia Caldwell Banker Hone L6 PHH HMO E,oatlw, LLC ffWE C rbm Hama Loan prvddt� it tA w9e of rs9skV-,nbsl marrpgc. km producta and M*m f wrorrWoti Pboft Af1k&, t1C Prtmm c flfll fetes of mubmw morwow Im pwutb and srsr AM ' C"Ua Edw kwtaz mx Aj rrsy'= irm pmww wwwoo &Qow WN-Acve far tnameWr as Insumme. a~ TM6, LlC We Bin wt.Tttfc 8sorrret'rtiff, LLC dUt Burna TWO of 1M000mi s 0~ TRW, LLC dlWu T'itLiemu Rasourm Qroup Curngwrdal prosfida6 hanang of sq deWla in trandOlri V the p q*Ky in eowntfinco irrltlz itto roal eebate ronUML pMWdee ssercws of plc rw=ds fhad:ls&* to your inn any known psnbfema walls Itrt props" ittig betom daxing_ Loan otlgsrta'don is Laeri d7piWi.ntfm f point•• fee Loan origination VVfVe L=m draomm Seal p. !n'-c AMJL--vt�xi fix 0-2%ofImwMi i 0 - 5% or lm arnount S0 -$9Z6 CK►efrtded In ban ari nl iW dwW) 0-5%6fkm"W9 s0 - S1S0 Fbmaovnflars irtstumrtt �.C,;! - $S P ttro;.tlmvro dcOpm ct rreA2emv rit case premlrnn dwslihs0, dwalyhg dwacilhrMSDI. and ksaadan of saw ciaeing ficlrraa muff Sava - Fee Sage:rlf3rfff Payoff S5a - rm Verifies vid procusho F" Buyer closhg stsrw ce r-at M ^ 5DD (C,t+sh 501a) fDuyur CWrig Ssrwice Fen t3tl[1-,41 (Fim CFtFprw)' Sailor 1.wong $150 - $50 PrWarty Rept4 Minnw9wTiffeSaarchand $tr'00-$i"50 Emu Samoa free VMc 0rts)nT9is M8rc#1 anti hldttderd rrt premium. Eksm 5oMm Fna I�iI[Ri11AflIr t cJ�xa}r$� mzxr rkr IIR1�;1}trk a alk�fiHS Ri,iF.i,51�lsL sDFsir m7�U C'��ka et ux�ePa r�t%aSeR i�ero4c In tfrtlr 14lret.�.tln?ar NWtt WFAJECRdrl► rarerukr!e rl�eeMs fnSA� C[laatlFNi�ss N.<. 11614E 1i G r RA" a� or�cmry KzEuraL ro�+clk kr,�, Fru�S:,c pprnna uC. rxrnxsr r1 0.lfleblclt tl rlf:LrP>x[ItlTLk. RIRCPasrtgku:rd G7li�A"tlmva7lt'J[iCi•:MFEil6�1W.A4JHe�lltarrei 4l C.lrfflkivaC 11a11C1il,C 1LT �d'1.+frl►�ecrrx p�uMs kYFC Wrmlfir11Ct1itk Er.1.0�i1::a►+�rdKJIlLr�r! e�'h-q+S�:�'ks��•.;[e;•.4n,mrc:ndsgxn:r..ti�i�.wrMWi�ltuw.f+NavArcrrivrktCA+chRnvaq�'�6Y�r1r�>jN i1d uu i�1t an6lo� d d1�'i l�s: &1rg:: �i �' t'�er 1 ffix 0W."Ok4offll insior .- - , Surmrt TMe. LLC dlbfa pumet TM Nnnevab oalmse'sr Pdiioy Va fAW Charge dCpMft an pfiGy amount, Burnet Me. LLC dWa surnuff le ooFMscnrretn of TIN InMAWM ($i AODD up to $i MUDn) net to Mcead Bta'net Tft LLC dWta TVAGMMe Resao mme S4.20 1,000• (ftzRL*9 qt0A tl t P011CY anrLr t' Ord" Commu nOiat $l A0�0tiD) TMm Mounumam ®Wnudy Compo w "ii OV1. We InvidM cmpwW Wurgm0talAafteaft Ve};eble durp deperam an pow errlWK PmAdeaImurm spogdosagalrretkmdue14 PoGcyofTrAsInvurorsce ($1GD,OMupto$1mmm)not amew wsoeln tkb dakcLs. SIOMAW. (RoWic Kole for pokW en+aurd� $tADD AM) lWn ummClosing Noamrge Prokwum Letters `m* Wlscvnsfn 0WnWS p01W vwWole owp d"midIng an paW sTomrst of Tate Iraurerm pmw mr tar tax im sul'ON of aarmaga and no mule Ihan =1OW of oaks pke 1WWfm- Wm=ffhmWWQ= UM with a "ressideraiar Owmads May or $400 vdh Policy of TBo h%WWCa a 1rvmqedc6nW Ownees Pdby. Addldorml $'i2'.f b lbr =y reer4Nale *WW, condo cr PW ondmvm w*r Wie m"vi t C 9ft No dsarp PMIBCdon Laws ICFV WISConidn Gap f ndame"W'd $126 Cartusr Corpormison Coop++avvc teal 00401e The t WtA ahve Cwnuastm ved", bAis PmMes mloostion, a nftnmenl men gament and Wolauargrs *Wnrr t 9wormly peld to Cadua (a Ocarwed reed , dam ug teal esWts brnkerw W view; to tta bmoMt by a rut es2te brain W u pasflattlaege camorm and gmmw4M s OwM and its network of r gq*Mfty. 37.6% -40%) if, d* fast eadats txuleelr's naal aasbats bmkmage con"nias corrrronkm on a tranY Om rlds. aid may be etrsred hY Coho w#h ether bwke ta. Other NRi LLC FbW B:laairr SmkMW Campanfes sad Other FrandLWrurrr In a'xfsin maaloela other NRT LLC wbsidierdee povlde reel sAft brairsrap eanr m under Caldwell Harker. Cnn=etn, 0104ebhots, 5roMeWs Intlereed mW fte f r, and apftally trade npnue. Alm note Out In 4>hsrffwk b, ftwx issssr of Rsalogytioldhp COfp. aubsidtar U pMWd&md seto bmkorsrgre senriees as hmahbom of Behar Names do GaMmssr, Cakk"lt Beal w, tbldwW Benlar Commardal, Ceftwy 21, EM and 50#M bo Iniamatlona! Raft, PAW *tuft bnutorr+eegst 3 —10% of salsa price of the pmpedy depeswdi n? an connmWon r -wMpt& fer h Inducting bAm of property. txarlgl"m side, mwvioes, raglan cad irwre odw srbuctl m CooperaBre MW so" Howrmr, wmmhwfom vaty perapresnunt w1h ends Wvkenelpe oWnrdatsiW c astamoa w d may be negotiatad, B vAm* or In part, as %c6d amour . aghast fixed a3rrarmt In lieu of aH a pert d a paramrtega, or en &srea x4 such am 5100- S70D0 in addBon la a puwAala0e_ Irk adcakm nfarnl ounutodord vary. W are Q&mm Y p.td by e real ads* t roW as a permntW (Wq madrnataty 25% - 50%) dlhe reel ads6a bmokmft aartanWon on s tranrraom ". In kdftw 1Dft NWWbMhm MdiWMWdeeerlbeeatel%ftmlmrh=jbrrtMmvroVwnmtwbhltrrwrfom KmgNddCmpmvdm rAmj. W1118 Met, Aedagy tsddrrpstt9Mp» end MiT LtA. lndr►Ba0 Erelr whaiBeds+r sad atrf3WaF, rb not hire any aorta er�#p lelareebr In AHB, lacy erw rsrralrefeer from ANB In (ftm fnrtlnirpffkWpe=dam reYON, AMONIVILEDGIMENT rf►ree Itavz rr�td this dksaklstns form, eird Isnderstind OpElkltlt�b FSIp[krp mania m ptir0350 tie 9100-da ClUd salslrmsnt tr vkm(9} sndW fir kW. fistrdW HoldrtgF Corp., NFIT I.I.G, buk $elogm W4,01subma" No atlil m my meow a ftearrdai or ottrer trs OR eta eu nma at Olt INerret IfEeoadmk Developnumt AuMoft Now I�dr in and for "a MY of NL�,%, Dope rumplAC �lYt1,11 Nl�l jwa=� 11>01AfraxMrSplumim m, rF- s i. Infanet City of New Hope Single -Family Acquisition and Demolition-- Scattered Site Housing Program Total Project Cost and Total Funding Sources USES Amount Acquisition 132,900 Demolition and Site Prep 23,000 Real Estate Taxes (1 year) 1,600 Closing Costs (purchase) 1,500 Legal (purchase) 2,000 Asbestos Abatement 2,400 Demo Survey 650 Closing Costs for Sale of Lot + Legal 2,000 Contingency 3,000 Total 169,050 SOURCES Amount CDBG (Grant Funds) 114,050 EDA (lot sale proceeds) 55,000 Total 169,050 7303 62nd Avenue New Hope INN, 55428 Hennepin County Property Map Date: 8/23/2017 I � ) • ri Y ' PARCEL ID: 05118 21210 010 OWNER NAME: Edward J Smith Etal PARCEL ADDRESS: 7303 62nd Ave N, New Hope MN 55428 PARCEL AREA: 0.37 acres, 16,015 sq ft A-T B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $117,000 TAX TOTAL: $1,603.32 ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $117,000 �y Y Ir • i 1 inch = 50 feet Comments: 7303 62nd Avenue This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2017 f- •� ,,, rrrrrr wt, � . �•-• „l. r �. ems. r ----------- f c-=! POW TII ��i ' fix; ' ,. � y+�` ' � '�I �i f I �� '�■ .'! w®rIm AF, i i a t MV i�#`�� ��. + 1� _ ���� r. -� � N w Request for Action January 8, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Aaron Chirpich, CD Specialist Agenda Section EDA Item Number 4 Agenda Title Resolution approving contract with JACON, LLC for demolition of site improvements, utility work, tree removal, well sealing and site grading of 7303 62nd Avenue North (improvement project no. 1007). Requested Action Staff requests approval of a resolution awarding a contract for the demolition of all site improvements, utility work, tree removal, and site grading for the property located at 7303 62nd Avenue North, to the low and responsible bidder, JACON, LLC in the amount of $15,875. Policy/Past Practice When public bidding is required as part of the Scattered Site Housing Program, it is practice of staff to present contracts to the EDA for consideration. Background The EDA has recently acquired the single-family home located at 7303 62nd Avenue North as part of the Scattered Site Housing Program. The EDA has directed staff to take the necessary steps in preparing the home for demolition in order to facilitate the creation of a new buildable lot. This contract award includes the demolition of all site improvements, replacement of the water service valve, lining of the sanitary sewer service, tree removal, well sealing, and limited site grading. Requests for quotes were sent to six contractors. Staff received three bids and the results are as follows: ■ Nitti Rolloff Services, Inc. $23,141 • Kevitt Excavating $21,912 • JACON, LLC $15,875 Funding EDA funds will be used to pay for this project on the front end. Following the sale of the vacant lot, the EDA will be reimbursed by Hennepin County with Community Development Block Grant funds. Experience with Recommended Contractor The EDA has not worked with JACON, LLC in the past. However, JACON has recently worked in New Hope as the utility contractor that installed the water and sewer services for the Dunkin' Donuts project. Staff from public works gave a positive review regarding their experience working with JACON on the Dunkin' project. JACON is currently working for the City of Brooklyn Park on the redevelopment of a city maintenance building. The project in Brooklyn Park includes demolition and utility work. Staff from Brooklyn Park reported no issues in working with JACON. Attachments • Resolution ■ Bids Received • RFQ and Bid Specifications I:\RFA\COMM DEV\Development\Q & R Award Demolition Contract for 7303 62nd Avenue Improvement Project 1007 1-8-18.docx EDA RESOLUTION NO. 18- 01 RESOLUTION APPROVING CONTRACT WITH JACON LLC FOR DEMOLITION OF SITE IMPROVEMENTS, UTILITY WORK, TREE REMOVAL, WELL SEALING AND SITE GRADING OF 7303 62ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 1007) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: WHEREAS, the Economic Development Authority in and for the City of New Hope ("EDA") purchased that certain real property located at 7303 62nd Avenue North, New Hope, MN (the "Property") with the intentions of redeveloping the Property; and WHEREAS, City staff intends to redevelop the Property in accordance with the City's scattered site housing program and policy and return the Property to the tax rolls for the benefit of all taxing jurisdictions; and WHEREAS, City staff is exercising due diligence to correct the Property's blighted condition by performing an enviromnental cleanup of the Property to be followed by the demolition of all buildings on the Property, utility work, tree removal, well sealing and site grading of the Property; and WHEREAS, JACON LLC submitted a proposal for demolition of site improvements, utility work, tree removal, well sealing and site grading ("Work") that meets all of the Project Specifications and is the low bid; and WHEREAS, it is in the best interests of the EDA to enter into a contract with JACON LLC for the purpose of performing the Work; and WHEREAS, City staff is hereby seeking approval from the EDA of the selection of JACON LLC as the duly qualified contractor to perform the Work. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That selection of JACON LLC as the Contractor to perform the demolition of all building and site improvements located at the Property, utility work, tree removal, well sealing and site grading of the Property pursuant to the Project Specifications is approved, it being in the best interest of the EDA and City to prepare the Property for redevelopment in accordance with the City's scattered site housing program and policy. 3. That the payment of $15,875 to JACON LLC to perform the Work is hereby approved. 4. The President, Executive Director and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the demolition, utility work, tree removal, well sealing and the re -grading of the Property in accordance with the contract to be prepared by the City Attorney. Dated the 8th day of January, 2018. � e m athi ftemken, Pre ' ent Attest: :: Kirk McDonald, Executive Director �I� Property Owner: City of New Hope EDA Property Address: 7303 62 Avenue North P.I.D. m 05-118-21-21-0010 For a price of $ 16J 215 66 the contractor named below proposes to fully complete the work in accordance with the attached specifications for demolition, site grading, well sealing, tree removal and utility work at 7303 62nd Avenue North. Name of Contractor: J`U'A 1 L'LO-- License Number: - 0 Address: 65 ?D ' a &A�" 5 W 5 M Vv 95oZ-7 Telephone: "c —41 T E-mail Address: 1 M ! J f Contractor Signature: Date: /c)' Title_ �/lc�z_ �L�:Ll Property Owner: City of New Hope EDA Property Address: 7303 62 Avenue North P.I.D. = 05-118-21-21-0010 For a price of $ / 91,)-. 00 the contractor named below proposes to fully complete the work in accordance with the attached specifications for demolition, site grading, well sealing, tree removal and utility work at 7303 62nd Avenue North. Name of Contractor:. License Number- Address: -' 3 r vl■ ,'' �j -2 Telephone: 3) 5- a -355 7 E-mail Address._�r Contractor Signature: Date: Title: — Property Owner: City of New Hope FDA Property Address: 7303 62 Avenue North P.I.D. = 05-118-21-21-0010 For a price of $a3 rye_ the contractor named below proposes to fully complete the work in accordance with the attached specifications for demolition, .site grading, well sealing, tree removal and utility work at 7303 62nd Avenue North. Name of Contractor: N'++' R oA d F t Se L e S I .N C License Number: Address:-- /.� 3 5/ e-lou'l J04 N'C=—ls1l'. e.... Mh- SS Ll Ltq Telephone:_ ! 61 `e Contractor Signature;. Title: E-mail Address: [d ►n A i'1 4 4 . Com n s o cam, D ate: f r2 �� 7 From: The Economic Development Authority in and for the City of New Hope Subject: Request for quotes for demolition, site grading, well sealing, utility work and tree removal at 7303 62nd Avenue North. Overview: The City of New Hope EDA is the owner of the property addressed as 7303 62nd Avenue North, (P.I.D. 05-118-21-21-0010). The EDA is requesting quotes for demolition of all building and site improvements at this location followed by re -grading of the primary excavation area, well sealing, tree removal, and installation of utility improvements. If you are interested in submitting a quote for this project, please review the enclosed specifications and inspect the site. To gain entry into the home, use the lock box on the front door, code 4401. Please call Aaron Chirpich in the Community Development Department with any questions, 763-531-5114. Proposals must be completed on the enclosed bid form and submitted by 1:00 p.m. on December 22nd, 2017. Proposals may be submitted by U.S. Mail, e-mail or in person; please note the enclosed bid form must be used. City staff will review the submitted proposals and forward them to the City Council. City staff expect the Council to select a demolition contractor at their January 8th meeting. The timeline for completion of all work will be weather dependent. Submit proposals to the following: Attn: Aaron Chirpich City of New Hope Community Development Department 4401 Xylon Ave, North New Hope MN, 55428 achirpich@ci.new-hope.mn.us Property Owner: City of New Hope EDA Property Address: 7303 62 Avenue North P.I.D. = 05-118-21-21-0010 For a price of $ , the contractor named below proposes to fully complete the work in accordance with the attached specifications for demolition, site grading, well sealing, tree removal and utility work at 7303 62nd Avenue North. Name of Contractor: License Number: Address: Telephone: E-mail Address: Contractor Signature: Date: Title: r �i A. Scope of Work 1. General a. Contractor shall furnish all labor, materials and equipment, and shall perform all service and work required to remove the buildings, structures and improvements from the site, and post demolition grading of the site, in strict accordance with these specifications and in accordance with all applicable ordinances and laws pertaining to removal of buildings, structures, grading and erosion control. Following demolition, contractor is to install silt fencing around the entire Rerimeter of the disturbed area. b. Contractor shall thoroughly review these specifications and examine the site to evaluate existing and proposed conditions prior to making a quote. Failure to do so shall in no way relieve contractor from performing the work as required or be grounds for a claim for extra payment. 2. Demolition and Disposal of Buildings and Site Improvements a. All buildings and site improvements on the site shall be removed and properly disposed. Demolition to include, but not limited to stairs, ramps, floor slabs, equipment bases, driveways, aprons, foundation walls and footings, and other structure components, appurtenances and contents associated with each structure, unless noted otherwise. Include removal of all out -buildings and miscellaneous items included in the attached pictures. b. All demolition materials, substrates, debris, waste, or other materials shall be collected, stored, handled, managed, and disposed in accordance with currently accepted practices at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations. 3. Backfill, Compaction and Grading a. No demolition material shall be left in, or placed in any excavation. All excavations unless otherwise noted, shall be back filled with clean imported sand. Imported material shall be placed in 1 foot lifts and compacted to no less than 95% standard proctor density. Contactor shall provide the City with third party sampling, analysis and reports to demonstrate that 95% compaction has been achieved. b. The finished grade shall be determined by matching the existing average grade of the excavation areas prior to demolition. The final grade shall maintain pre demolition drainage patterns. No imported topsoil is required. c. Upon completion of the finished grade, contractor shall immediately hydro -seed -all disturbed areas of the site. 4. Tree and Vegetation Removal a. City staff have marked all trees'for removal with green paint. The stumps shall be pulled from the ground and hauled away. Stump pits shall be back -filled. Contractor is to include removal of all marked trees and stumps in the demolition bid. 5. Abandonment of Wells a. The city does know of two wells on the pLqperty that are located in the basement of the home along the south wall. According to the seller and the Minnesota Department of Health, the wells have not been sealed professionally. As part of this bid, the demolition contractor is to hire a well sealing company to properly seal the wells and record the sealing with the MDH. Contractor must provide records of the well sealing to the city upon completion. There is a photo of the wells and pump system attached to this report. 6. Utilities a. Contractor shall be responsible for calling Gopher State One Call for the location of any underground utilities prior to commencement of demolition and site grading work. b. The city has ordered the disconnection of electricity (Excel Energy) and natural gas (Centerpoint Energy) services for the property. Contractor shall field verify disconnections prior to demolition. Other private communication utilities such as telephone and cable may still be connected; if so, contractor shall roll them back and secure them at the pole prior to demolition. c. Contractor is to coordinate the shut off of water with Public Works to ensure that the water is off before termination of the water service. Contractor is to remove the water line all the way to the curb stop. Contractor is to install new curb stop and box as part of the water disconnection. Document and mark on -site, the location of the service termination. Inspection by the City will be required prior to backfilling of the trench. d. Contractor is to coordinate the termination of the private sewer line with Public Works. The sewer line should be removed to within 3 feet of the property line and the remaining service stub shall be lined with CIPP lining all the way to the main. Once lined, cap the end in preparation of connection to the new home. Document and mark on -site, the location of the service termination. Inspection by the City will be required prior to backfilling of the trench. 7. Asbestos and Other Hazardous Materials a. The City has contracted with Angstrom Analytical for the completion of a demolition survey for the property. The survey is attached to this report. No asbestos containing materials were found in the home. However, the home does contain several appliances and other potentially hazardous materials that are identified in the report. Demolition contractor is to provide for the removal and appropriate disl2osal of all hazardous items listed in the report. Discovery of any apparent asbestos containing or other hazardous materials by the demolition contractor during demolition shall require contractor to halt the demolition work until testing and abatement (if applicable) is completed at the City's expense. Contractor is not entitled to additional compensation for any delays resulting from the necessity to halt demolition work for such testing and abatement, except that the completion deadline shall be extended to accommodate the delay. 8. Permits and Inspections a. Contractor will complete and submit the City of New Hope demolition permit application. Permit fees for the demolition permit will be waived, however the State surcharge will still be collected as the City can not waive that portion. Contractor shall have the work inspected prior to backfilling the primary excavation. The private water and sewer service terminations will also be inspected by City Public Works staff. A separate water and sewer disconnection permit must be secured from the City. The same fees will be waived for this permit. b. If any permits from other governmental agencies are required, contractor shall, at contractor's own expense, secure such permits, pay any fees and complete any inspections required by same, and provide a copy of the permit to the City. c. Contractor shall submit "Notification of Intent to Perform a Demolition" Form to the MPCA. 9. Miscellaneous Provisions, and Notices a. Contractor shall erect and maintain all necessary barricades and warnings to adequately safeguard workers, adjacent property, and the public. b. The demolition and clearing of the site shall be carried out in such a manner to preclude damage to adjacent property or public right-of-way. c. Contractor is to provide dust control during demolition by watering the home. Water is available at no cost from the City by accessing adjacent hydrants. Please notify New Hope Public Works one week in advance to coordinate hydrant connection. d. Submission of a proposal will constitute an incontrovertible representation by contractor that contractor has complied with every requirement of these specifications and attachments thereto; that without exception the proposal is premised upon performing and furnishing the work including but not limited to the specific means, methods, techniques, sequences, procedures or precautions expressly required by these specifications and attachments thereto; that contractor has received from City satisfactory written resolution of any conflicts, errors, ambiguities, and discrepancies; and that these specifications and attachments thereto are generally sufficient to indicate and convey understanding of the terms and conditions for performing and furnishing the work. SPECIFICATIONS FOR DEMOLITION AND RELATED WORK fk tcp l0h) C } 1 i, SPECIFICATIONS FOR DEMOLITION AND RELATED WORK l�k•�r m 1 ♦,S �' 1 4, l�r � 1 .l�Pr r��r l5 '�-' .%li.'�1`-4a 71 !r!•�� ��,�_^,rjjj �$�r 1,��ll�l: • - ram..; .,��� I ,1 i _ • ' I 4J f�- • ` �1kp i SPECIFICATIONS FOR DEMOLITION AND RELATED WORK Zoe ;r ?.�•, ` .� nfar sug 4 Me 5 ;:1: • � rare, "�' u� Y}.:{ - 'i•r-~ . rr}• .• . ^wq�{,�y iris. - ., w :� .. i •,:fin,{r �,s..r • 1l'7M: .. rF,'E� Z y�.' - �:y i�^ sc�IT 4'ryr i `s� 7&7A .. S•: .�Y• �•. - �� Y,}.� r r'.r p• = ti���. 4, k y � +fir •il;._wi. ' e •? q�, W-or 'ter �V+yn+F�-•"� w1 -�, _ ... R,� f I �'•�i '�'• 1 J'i . •. ' -`.'ti 44 lirW _ _ �� ...''y •4 .fly w �• er.,�;��,: �r :T.• ... �.s�`f. ` .. - .� � 'ti6- • ��4; �. � .ham: 7 1 ^•l. •ri 7 :• -� . �- �. >F i� � r � m `fir y .�. ' �Q� '� - �� � - • . ' .•�>s `yam '±�� -�� .•.. +: SPECIFICATIONS FOR DEMOLITION AND RELATED WORK AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Darlene MacPherson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: SP Robb/Crystal/NewHope/GoldV with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/01/2018 and the last insertion being on 03/01/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: _D . ` 6�&�Q Designated Agent Subscribed and sworn to or affirmed before me on 03/01/2018 by Darlene MacPherson. Notary Public ,661,1 , � I I I,', � I � 1,, A� '`":"�� MARLENE M. MITCHELL Notary Public -Minnesota My Commission Expires Jan 31, 2020 NVVVVIM11VVv Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch CITY OF NEW HOPE MINNESOTA NOTICE OF PUBLIC HEARING SALE OF EDA OWNED LAND 7303 62ND AVE NORTH Notice is hereby given that the Economic Development Authority in and for the City of New Hope will meet at City Hall, 4401 Xylon Ave- nue North, New Hope, Minnesota on Monday, March 12, 2D18, at 7 p.m. to hold a public hearing for the sale of EDA owned land located at 7303 62nd Avenue North. The legal description is on file at City Hall PI # 05-118-21-21-0010 Such persons as desire to be heard with reference to the pro- posed sale will be heard at this meeting. This notice is given pur- suant to the Zoning Ordinance of the city of New Hope. Exhibit and further information can be reviewed at the Information Counter in City Hall, Monday through Friday, 8 a.m. to 4:30 p.m. Accommodations such as a sign language interpreter or large print- ed materials are available upon request at least five working days in advance. Please contact the city clerk to make arrangements (tele- phone 763-531-5117). Dated: February 22nd, 2018 Valerie Leone City Clerk Published in the New Hope -Golden Valley Sun Post March 1, 2018 787752 Ad ID 787752 Request for Action March 12, 2018 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Aaron Chirpich, CD Specialist Agenda Section EDA Item Number 4 Agenda Title Resolution approving purchase and redevelopment agreement with Tollberg Homes, LLC, for the sale of 7303 62nd Avenue North (improvement project no. 1007). Requested Action Staff requests that the EDA approve a resolution approving the purchase and redevelopment agreement for the sale of the EDA-owned property located at 7303 62nd Avenue North. Policy/Past Practice Proposals for the redevelopment of EDA-owned scattered site lots are reviewed by the EDA prior to executing a contract with the preferred buyer/builder. Background Staff sent RFPs to 20 builders marketing the lot located at 7303 62nd Avenue. The non-negotiable sales price was set at $55,000. The EDA received proposals from the following builders: • Tollberg Homes, LLC • Great Buy Homes Inc. Staff reviewed the proposals with the city manager, and designated Tollberg Homes as the "preferred by staff" builder. However, staff would like to review the base characteristics and attributes of each proposed home to ensure that all proposals are considered by the EDA. The base criteria listed below were used by staff to assess each proposal. Tollberg Homes Overview • Split -entry home design over garden view basement • Above -average curb appeal • Mid -level trim package for the cabinets, flooring, doors, and fixtures • Master suite • Three -car garage • 2,244 finished square feet • Typical exterior finishes, vinyl siding with cultured stone accents • Anticipated sales price = $309,900 Great Buy Homes Overview • Split -entry home design over garden view basement • Above -average curb appeal • Mid -level trim package for cabinets, flooring, doors, and fixtures I:\RFA\COMM DEV\ Development\ Housing\ Sale of lot at 7303 62nd Avenue\RFA -Sale of Lot at 7303 62nd 3-12-18 Project 1007.docx Request for Action, Page 2 • Master suite • Three -car garage • 2,039 finished square feet • Typical exterior finishes, vinyl siding with cultured stone accents • Anticipated sales price = $295,000 Experience with Recommended Builder The EDA has not previously sold a scattered site lot to Tollberg Homes. Tollberg Homes is a moderate sized builder/developer that has built several scattered site homes in the cities of Crystal, Coon Rapids, Anoka, and Columbia Heights. Community development staff from the city of Crystal gave a positive review of Tollberg Homes, and staff has no concerns working with the builder. Development Agreement and Next Steps Staff has worked with the city attorney and the buyer to draft a purchase and redevelopment agreement for the sale of the lot. The agreement ensures that the provisions set forth in the RFP will be met and sets the purchase price of the lot at $55,000. The agreement included in the attachments is considered complete by staff and the city attorney. However, some minor revisions may be necessary once fully reviewed by the buyer. Any substantial changes to the agreement would be brought to the EDA for approval. Once the agreement is fully executed, staff anticipates that the closing of the lot sale will take place in May, 2018. Recommendation Staff recommends that the EDA approve the resolution approving the purchase and redevelopment agreement for the sale of 7303 62nd Avenue North to Tollberg Homes, LLC. Attachments • Resolution • Draft Purchase and Redevelopment Agreement • Proposals CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 18-o-i RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT AGREEMENT WITH TOLLBERG HOMES, LLC FOR THE SALE OF 7303 62ND AVENUE NORTH (IMPROVEMENT PROJECT 1007) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope ("EDA") as follows: WHEREAS, the EDA purchased that certain real property located at 7303 62nd Avenue North, New Hope, MN, on November 8, 2017, with the intention of razing the existing house and all site improvements in preparation of the sale of the lot for the construction of a new single family home; and WHEREAS, in response to a Request for Proposal ("RFP") sent by New Hope City staff to various builders, the City received an offer from Tollberg Homes, LLC, a Minnesota limited liability company ("Tollberg Homes") regarding the sale and redevelopment of the real property lot located at 7303 62nd Avenue North, New Hope, MN, as legally described in Exhibit A (the "Property"). WHEREAS, the EDA arrived at an agreement with Tollberg Homes, to sell the Property for the purchase price of $55,000.00 upon all of the terms set forth in the RFP; and WHEREAS, the EDA has accepted Tollberg Homes' offer and has presented a draft of the Purchase and Redevelopment Agreement to Tollberg Homes, for its review, a copy of which is attached hereto as Exhibit B ("Purchase and Redevelopment Agreement") and incorporated herein by reference; and WHEREAS, it is in the best interest of the EDA to sell the Property to Tollberg Homes for the sum of $55,000.00, in order for Tollberg Homes to redevelop and build a new single family home on the Property in accordance with the City's scattered site housing program and policy; and WHEREAS, the City staff is hereby seeking approval from the EDA of the Purchase and Redevelopment Agreement, subject to other terms relating to the closing on the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property by the EDA to Tollberg Homes, for the purchase price of $55,000.00, with other terms and conditions as set forth in the Purchase and Redevelopment Agreement attached hereto as Exhibit B, is approved subject to the review and approval by the City Attorney of the final language and exhibits to the Purchase and Redevelopment Agreement relating to the closing on the sale of the Property, it being in the best interest of the EDA to sell the Property for redevelopment and construction of a single-family home in accordance with the City's scattered site housing program and policy. 3. The EDA shall use due diligence for selling the Property to Tollberg Homes, for the construction of a single-family home, so as to return the Property to the tax rolls for the benefit of all taxing jurisdictions. 4. The President, Executive Director and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the sale of the Property in accordance with the Purchase and Redevelopment Agreement. Dated the 12th day of March, 2018 Kathi Hemken, President Attest: Kirk McDonald, Executive Director EXHIBIT "A" Legal Description Tile West 66 213 feet of that part of the East 663 113 feet of The Northeast quarter of the Northwest quarter of Section 5, Township 116, Range 21, lying North of the following described line: Beginning at a point in the center of the Osseo Road distant 275.61 feet Southerly along said Center line from its intersection with the North line of Bald Section 5, thence Easterly to a point which point is described as follows: Beginning at a point in the North line of said Section 5 distant 644.5 feet East of the intersection of sald North line with the Northeast corner of said Northeast 114 of the Northwest 114, thence deflecting to the right 104 degrees 40 minutes and running Southwesterly 289.8 feet to said point; except the Northerly 33 feet thereof Hennepin County, Minnesota PURCHASE AND REDEVELOPMENT AGREEMENT This Purchase and Redevelopment Agreement ("Agreement") is made by and between TOLLBERG HOMES, LLC, a Minnesota limited liability company ("Buyer'l, and the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MI TNNESOTA, a public body corporate and politic created pursuant to the laws of the State of Minnesota ("Seller") effective April Z3 , 2018. In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Seller shall sell and Buyer shall purchase the vacant parcel of real property located in the City of New Hope at the property address of 7303 62nd Avenue North, New Hope, Minnesota, and legally described in the attached Exhibit A ("the "'Property"). 1. Purchase Price. The purchase price for the Property is Fifty -Five Thousand and No/100 Dollars ($55,000.00) (the "Purchase Price'), which Buyer shall pay as follows: an initial payment of Two Thousand and No/100 Dollars ($2,000.00) (the "Earnest Money"), which sum shall be paid to Seller upon Buycr and Seller's execution of this Agreement and Fifty - Three Thousand and No/100 Dollars ($53,000.00) payable by wire, cashier's check or cash on the "Date of Closing", as that term is defined in paragraph 6 below. There are no items of personal property or fixtures included in this sale. 2. Title Conveyed. On the Date of Closing, Seller shall deliver a Quit Claim Deed (the "Deed") to Buyer conveying marketable title of record, free and clear of liens, encumbrances, assessments, and restrictions, except for the "Permitted Encumbrances" set forth on Exhibit B and the restrictive covenants referenced below in paragraph 4.b. 3. Representations of Seller. Seller represents and agrees as follows: a. Seller owns the Property and has the right to sell the same, and that there are no unrecorded contracts, leases, easements or other agreements or claims of any third party affecting the use, title, occupancy or development of the Property, there are no parties other than Seller in possession of any portion of the Property, and no person, firm or entity has any right of refusal, option or other right to acquire all or any part of the Property. b. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. C. To the best of Seller's knowledge without inquiry there are no septic systems or wells on the Property other than a well that was sealed by Seller as shown on the attached Exhibit C. d. Seller represents that it has the requisite power and authority to enter into and perform this Agreement and any Seller's Closing Documents signed by it. e. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. f. To the best of Seller's knowledge without inquiry, no above ground or underground tanks are located in or about the Property. g. Seller makes no other warranties as to the condition of the Property. Seller agrees that any breach of Seller's foregoing representations shall be grounds for Buyer to terminate this Agreement. In the event of such termination, the Earnest Money shall be returned. Wherever herein a representation is made "to the best of Seller's knowledge," such representation is limited to the actual knowledge of the President and/or Executive Director of Seller. 4. Representations of Buyer. As an essential part of this Agreement and in order to induce Seller to enter into this Agreement and sell the Property, Buyer hereby represents to Seller: a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY SELLER, BUYER HEREBY ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN "AS IS" CONDITION AS TO THE USE OF THE PROPERTY. Buyer understands and agrees that the Purchase Price is the fair market value of the Property in its "AS IS" condition. Buyer acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer bas the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the home described in paragraph 10 below. If the soil is determined to be unacceptable Buyer may rescind this Agreement by written notice to Seller, in which case the Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer. b. Buyer agrees the first sale of the home on the Property will be sold to owner - occupants. An "owner -occupant" shall be defined as an individual(s) that purchases the home from Buyer by warranty deed or a contract for deed and intending to reside in the home as a primary residence. To insure the intent of the parties that the home constructed on the Property is purchased by an owner - occupant, Buyer will record restrictive covenants and assessment agreement against the Property prohibiting the leasing of the home for a period of twelve (12) months after the sale of such home by Buyer to an owner -occupant of the home. The restrictive covenants and assessment agreement shall be substantially in the form of the documents attached hereto as Exhibits D and E, respectively. Further, the restrictive covenants and assessment agreement shall provide that the EDA may levy a $20,000.00 assessment on the Property prior to the sale if the lot is not being sold to an owner -occupant. The EDA shall release the Property from these restrictive covenants and assessment agreement upon the issuance of a certificate of occupancy for the construction of the home on the Property and upon the receipt by the -EDA of an affidavit signed by Buyer and the owner - occupants verifying owner -occupants' intent to reside in the home as their primary residence in compliance with the restrictive covenants described herein in the form attached as Exhibit D. c. Within one (1) year of Closing, Buyer shall complete the construction of the single family home on the Property (the Improvements). The Improvements must be consistent with all building and zoning requirements and the restrictive covenants applicable to the Property. The representations set forth in this paragraph shall be incorporated into appropriate documents to be recorded against the Property (whether by declaration, restrictive covenants, or development agreement as hereinafter defined) subject to approval by Seller and Buyer as a condition of Closing. 5. Title Commitment and Policy. a. Seller shall deliver to Buyer a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by Midland Title ("Title Company") and covering title to the Property, in the amount of the Purchase Price. Buyer agrees to pay the costs associated with the preparation and issuance of the Commitment; Buyer shall pay the premium for the owner's policy, if any, and the lender's policy, if any, along with the price for any endorsements requested by Buyer or Buyer's lender. b. Buyer shall have fifteen (15) days after receipt of the Commitment to review and approve the title to the Property and to object to any exception to title that is disclosed in the Commitment or which is otherwise discovered by Buyer. In the event that Buyer does not within such fifteen (15) day period give notice to Seller objecting to any such' exceptions, then all such exceptions shall be deemed approved and shall be considered a part of the Permitted Encumbrances. If Buyer timely objects to an exception to title, then on or before the tenth (10) day following Buyer's notice of exception, Seller shall remove the exception or notify Buyer that Seller is unwilling or unable to remove the exception. Within five (5) days of any notice by Seller that Seller it is unable to remove an exception to title, Buyer may elect by notice to Seller to either: (i) terminate this Agreement, whereupon all of the Earnest Money shall be returned to Buyer and the parties shall be released from all further obligations hereunder except obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement; or (ii) elect to have this Agreement remain in effect, in which event Buyer will be deemed to have approved the previously -cited exception and the same shall be considered part of the Permitted Encumbrances. 6. Closing. a. Closing shall occur on or before May 3 i , 2018 (the "Date of Closing" or ) "Closing' , unless both parties agree, in writing, to an earlier or later time. b. Closing shall occur at the office of the Title Company. C. Seller shall deliver at closing the following executed and acknowledged documents: (1) the Deed; (ia) affidavit(s) in industry -standard form(s) stating that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; Seller is not a foreign person or entity; and addressing such other matters as Buyer may reasonably require. 7. Payments/Prorations. At Closing, Seller shall pay the cost of recording any instrument (other than the Deed) necessary to place title in the condition required under this Agreement, State deed tax, and all special assessments levied, pending or constituting a lien against the Property as of the Date of Closing, including without limitation any installments of special assessments and interest payable with general real estate taxes in the year of closing. Seller will pay general real estate taxes payable in the year prior to the year of closing and all prior years. Buyer shall pay at Closing the cost of the owner's policy or lender's policy of title insurance (if any), sales tax (if any) resulting from the Closing, the fees required for recording the Deed, the Purchase and Redevelopment Agreement, the assessment agreement and restrictive covenants and all customary closing fees charged by the Title Company or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. General real estate taxes payable in the year of closing shall be prorated by Seller and Buyer as of the closing date based upon a calendar year. Each party shall pay its own attorney's fees. 8. Condemnation. If, prior to the Date of Closing, all or any part of the Property shall be condemned by governmental or other lawful authority, Buyer shall have the option of (a) completing the purchase contemplated by this Agreement, in which event all condemnation proceeds or claims thereof shall be assigned to Buyer, or (b) canceling this Agreement, in which event the Earnest Money shall be refunded and this Agreement shall be terminated with neither party having any rights against or obligations to the other except rights or obligations under this Agreement which provide for continued exercise following closing or cancellation or other termination of this Agreement, and Seller shall be entitled to any and all condemnation proceeds. 9. Construction of Home. Buyer agrees that it will construct a new single family home on the Property. This covenant shall survive the delivery of the Deed. a. The single family home described in this paragraph is referred to as the "Minimum hnpravements." b. The Minimum Improvements shall consist of one new single family home, and shall be constructed substantially in accordance with the RFP Guidelines attached as Exhibit F and the proposal approved by Seller on February 26, 2018 attached as Exhibit G. C. Construction of the Minimum Improvements must be substantially completed within one (1) year following Closing. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of New Hope building inspector. d. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of Buyer to construct such Minimum Improvements (including the date for completion thereof), Seller will furnish Buyer with a Certificate of Completion for such improvements. Such certification by Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreerrmenN and covenants in the Agreement and in the Deed with respect to the obligations of Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof. The certificate provided for in this paragraph of this Agreement shall be in such form as will enable it to be recorded in the Hennepin County Recorder's Office and other instruments pertaining to the Property. If Seller shall refuse or fail to provide any certification in accordance with the provisions of this paragraph, Seller shall, within thirty (30) days after written request by Buyer, provide Buyer with a written statement, indicating in adequate detail in what respects Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of Seller for Buyer to take or perform in order to obtain such certification. e. Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (i} Buyer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of Seller. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable Buyer or any successor in interest to the Property, or any part thereof, to construct the Minimum Improvements or component thereof. If Buyer seeks to effect a Transfer prior to issuance of the Certificate of Completion, Seller shall be entitled to require as conditions to such Transfer that: (1) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by Buyer as to the portion of the Property to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to Seller and in form recordable in the public land records of Hennepin County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of Seller, have expressly assumed all of the obligations of Buyer under this A ce-ment as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which Buyer is subj ect as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by Seller) deprive Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum impiovements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or chwige with respect to, ownership in the Property or any pert thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by Seller to the contrary, no such transfer or approval by Seller thereof shall be deemed to relieve Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subparagraph shall be in a form reasonably satisfactory to Seller. (11i) If the conditions described above are satisfied then the Transfer will be approved and Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (iii) apply to all subsequent transferors. (iv) Upon issuance of the Certificate of Completion, Buyer may transfer or assign the Minimum Improvements and/or Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of Seller. f Buyer agrees that (a) it will use the Minimum Improvements as only a single family, owner -occupied home, (b) it will not seek exemption from real estate taxes on the Property under State law, and (c) it will not transfer or permit transfer of the Property to any entity whose ownership or operation ofthe property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of New Hope or Seller in accordance with this Agreemeni). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Improvements, and shall remain in effect for at least 30 years after the Date of Closing. g. Buyer shall comply with all recommendations of the City Engineer. h. Buyer's construction plans shall be approved by the City Building Official. 10. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or any part thereof to Buyer and prior to receipt by Buyer of the Certificate of Completion of the Minimum Improvements, Buyer fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or susperlsion shall not be cured, ended, or remedied within thirty (30) days after written demand from Seller to Buyer to do so, then Seller shall have the right to re-enter and take possession of the Property and to terminate (and revert in Seller) the estate conveyed by the Deed to Buyer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of Buyer and failure on the part of Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, Seller at its option may declare a termination in favor of Seller of the title, and of all the rights and interests in and to the Property conveyed to Buyer, and that such title and all rights and interests of Buyer, and any assigns or successors in interest to and in the Property, shall revert to Seller, but only if the events stated in this paragraph have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this paragraph, Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. 11. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in Seller of title to and/or possession of the Property or any part thereof as provided in paragraph 10, Seller shall apply the Purchase Price paid by Buyer under paragraph 1 of this Agreement as follows: a. First, to reimburse Seller for all costs and expenses incurred by Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by Seller from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Property or part thereof, and any amounts otherwise owing Seller by the Buyer and its successor or transferee; and b. Second, to reimburse Buyer for the balance of the Purchase Price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to Buyer upon delivery of executed, recordable warranty deed to the Property by Buyer to Seller. 12. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two (2) business days after depositing of the same in the mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery. Any party shall have the right to designate any other address for notice purposes by written notice to the other party in the manner aforesaid. The addresses of the parties are as follows: SELLER: Economic Development Authority in and for the City of New Hope Kirk McDonald, Executive Director 4401 Xylon Avenue North New Hope, MN 55428-4898 with copy to: Stacy A. Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 BUYER: Tollberg Homes, LLC 1428 5th Ave Anoka, MN 55304 with copy to: 13. No Broker Involved Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agrced to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for bmkerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 14. Remedies. if Buyer defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice to Buyer as provided by law. If Buyer fails to cure such default as provided by law, this Agreement will terminate, and upon such termination Seller will retain the Earnest Money and neither party shall have any rights or obligations against the other except rights or obligations under this Agreement which provide for continued exercise following the cancellation or other termination of this Agreement. If Seller defaults under this Agreement, Buyer's only remedy shall be to terminate the Agreement and recover the Earnest Money paid to Seller. Buyer shall not have any right to the remedy of specific performance 15. AssignmentlProhibition Against Transfer of Property. Buyer may not assign its rights and obligations hereunder without the prior written consent of Seller, which consent may be granted or withheld by Seller in its sole discretion. 16. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. No amendment of this Agreement shall be valid or binding unless executed by authorized representatives of both Seller and Buyer_ The headings and captions of this Agreement are for the convenience of the parties only and shall not be looked to in the interpretation or enforcement of this Agreement. Seller and Buyer acknowledge and agree that each has had opportunity to participate in the drafting of this Agreement and accordingly acknowledge and agree that this Agreement as a whole and each of is clauses are not to be interpreted in favor of or against either party. This Agreement may be signed in counterpart, with each copy of the Agreement binding upon the signing party at the time of signing and together which shall constitute a single document. 17. Survival. The Parties representations contained herein shall survive the delivery of the Deed. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). SELLER: ECONONHC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: Kathi Hemken Its: President Dated: April�3, 2018 Kirk McDonald Its: Executive Director Dated: Apri12018 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) BUYER: TOLLBERG HOMES, LLC By: Wade Tollefson Its: Chief Manager Dated: April -` , 2018 The foregoing instrument was acknowledged before me this _ga day of April, 2018, by Kathi Hemken and Kirk McDonald, the President and Executive Director, respectively, of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota Notary Public Vm5VALE�RE JLEONE 10 NotaryNo-NUnnesoia xyraaon 31, 80pQ STATE OF MINNESOTA ) ) ss. COUNTY OF "Anoka.— _ ) The foregoing instrument was acknowledged before me this 217 day of April, 2018, by Wade Tollefson, the Chief Manager of Tollberg Homes, LLC, a Minnesota limited liability company, on behalf of said limited liability company. KELLY SCHUT, Notary Pudllc Minnesota My Comm. Expires F Jan 31, 2020 DRAFTED BY: Jensen Sondrall Persellin & Woods, P-A. 8525 Edinbrook Crossing, #201 Brooklyn Park, -MN 55443 (763)424-8811 11 Exhibit A Legal Description See attached. 12 EXHIBIT W Legal Description The West 66 213 felt of that part of ft East 6831/3 feat of The Northeast quarter of the Northwest quarter of Section 5, Township 118, Range 21, lying North of the following described One: Beginning at a point in the center of the Osseo Road distant 275.61 feet Southerly along said Center line from Its intersection with the North line of said Section 5, thence Easterly to a point which point is described as follows_ Beginning at a point In the North ilne of said Section 5 distant 644.6 feet East of the intersectlon of said Norte line with the Northeast comer of said Northeast 114 of the Northwest 114, thence detracting to the r ght 104 degrees 40 minutes and running Southwesterly 288.8 feet to said point; except the Northerly 33 feet thereof Hennepin County, Minnesota Exhibit B Permitted Encumbrances 1. Restrictions, reservations, covenants and easements relating to use or improvement of the Property without effective forfeiture provisions of record on the Effective Date; 2. Building and zoning laws, ordinances, city, state and federal regulations; 3. Governmental regulations, if any, affecting the use and occupancy of the Property; 4. All rights in public highways upon the land; 5. Easements for public rights -of -way and public and privatc utilitics, which do not interfere with present improvements; 6. Reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions of the Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real estate taxes. 7. The lien of unpaid special assessments, if any, not presently payable but to be paid as a part of the annual taxes to become due; 8. The lien of unpaid real estate taxes, if any, not presently payable but to be paid as part of the annual taxes to become due. 13 See attached. Exhibit C Well Sealing Certificate 14 "-r ' M1101 M DFJMR1MM OR HEAM M[nnewM Well WW Bodw WELL AND BORfNG SEALING REWRD wet tom-fiennevIn H 3554 WELL OR BORING LOCATION 0 " NWW — AlkmpesohlSwims, cj pre, 109r =wv wad elenle Tba+Wip hb, Rrspsr tic. 8emforyn ma Ron (am. y III.) • DM SmM Duft e Wql or Bw Cmmmotsd '5 M A 1 QP$ LOCAITION - dsalmd depraas lieeera'deetwrM pease) � Ll1 Omlll a1 mnin cf da R OAOYmi Depth fL 4 PO") 610* tler C3 MJ&quBM iM11CwATM LEM �+ � bale �aama�� i� � ❑ �n�ed Wwr4 4W Saw! Ad*or FMw Nl TAw and MV & Wal or Do LOerdlan 7303 62nd Ave N. NewVMUIAKMM wtle 4 p* Welt ❑ MwslLwal ©r 6am Hole ❑ ot�ar � +t t,olaw ❑bre abisnd eurlsms tp,cw exam location w wen or buiop Sk" mrrp armell or h mcbm yid wish WH-H wrxtlo� ahaaw X&W1❑ PMW ❑ Tile ❑ OINK L —T. K rrv� r ►D COMPLt71Dff w e _ , OubMes ❑ PMlue AdepierNnit ❑ At made bsetlas ❑ Baewssesd ORwt f I I Iews r ❑ Walt PR ❑ Rtelsd ❑ uses Naas �.. ❑ rra Ph 1 �� ►�—� CAWNM PROPERTY O NEICtS HAMEMOWVM NAME p r IyePtn F tier In wou do hole? A n mrkr specs I06* pouted? In. frme, to--W.. ft. ❑ we [Imes [INo ❑ L"mown aderes. sr M.bwe XNO `� 3SW O lflkert"v'ilU esy � _. - In, ftvm_ to h- ❑ The ❑ Nc ❑ y" ❑ NO ❑ Urd "n 9andmA Halab tile. m 55127 In. from— to tt. ❑ lbs ❑ No ❑ rbe ❑ lee ❑ Udawear 'WELL OMRiER9 NAMIDOWAHY NAME SCREEN MIN HOLE "rrnrn r tP-. -.�. OPen Kok *am w t Mee *WWI rns'e� mkwm 1dmwwn Nm wwoy sm -A adder k%%MMW � oeplRucllows ❑ Ro*MVp Pyle ❑ Ch6*%%Ma(e) ❑ Do&* ❑ Fill 019 No Obstruction 1 of2 Type of Cbetru¢Uons JOSSAbei - -.... .._._- Obehxy* a remauad9 ❑ %aFOmu❑ No Deacrlea 41WU XWAL eeRMM. COLOR ,D,°" 111DM TO t1 not know Wkade saemniad lrxrnefin kom a wail or bur . ❑ Nu PressM �Pnhertt, RemDued Prior 0 lisalinp ❑ CM r TYPe s It1efN00 o 10 OM AMMM 6MC! KRIYri LN a OAflIIlap, OR CMNO AM IRCAf- WLV )(No Amine tlp ula & to ❑ AnfmAer won Grouted v/M Tiemle Plpe ❑ Ceerrp PsAaaiicWRemcwl __ aelrq memew - In. lean_ _ m. IL ❑ Pallonew ❑ Rsmowld In. earn ra R. ❑ Pt*nd9d ❑ Remswed TWO Of Pariolasor �. 1/ANUUME ---- Wbs a radarm a I from to MDH for ft wsd? ❑ Mm TN/ OROUTpiG afA�) (Om by dosrrrsra=A &m. owe bop N benserdls w 0 rs.) OmWrq Materfat �� fro-- _ b- &-%L-, t y.,d, i bps from__ toIL ysrds bops _.r kwv toe_ yards bops - OniM Win r a !WA 00MWN Oltw un=aW and umAnd wel or bo ft on propmty9 ❑ ft lea How many?. - lhMAPWSi 9011110E OF DATA, DWPIOta-M IN BEALM UCEN 9E0 OR FMOMFEnED CONTRACTOR CERf19CAY*N This well or ow np waa seaiad M amorderm with MlmWWM Rules, ChWw 4728. The IAlemadw oorrdr ad In this report to busl10 Ilm b�wasael__n3iy``hXNAedpa, Well y� y pp�� Inc.DIM ftod JA Well Drilling Cosa I6% U000106 ftCeram Abw Lkwmv or AVishisibn MA t7srtldra1RepL No. k 1WWF1APM " ---- - mww *r Pamw v#*v woof VffLL OVYWR COOPERT'r PAPETtS�LL OYIINER COPY 355444 ICE-0141W-10 Iw "I" u e>>sq WELL OR 9ORING LOCATION I■NNISMA P9PARTNEW OF NEALTN ��r1o&llmYtrWI amid Boring WELL AND BORING SEALING RECORD ,r,;,,,,,,� Lhfkple 1h�II Nm-35-5445 "mmoh B aw& Lhww loxTwwda w wri.e Hu I'I �„�,,,�um 4 * Na,Renpe No. asadorl No. R-0- 0- - Ig.a sadad am MI ar palrg comabuftl I •a Deplh of nme d Eaidl nR a 841pk A�rNer ❑ NSflA u}hr prlpinu DSMh R arATIC WATWA LEWEI GPS LOORTI - dMimtl I o l s, Ilo lmw dell PkwmF �yy,� LergfLud�f fVuvtrrldel sraef AsldMee or Fre HURlber and � of WaN arsnrkg L.orsdan Momurvd Dale Moacured ❑ Esdmd d fNn � Py YYsA ❑ Mor11L well E. gpe Hole ❑ ❑Itlar „�. ❑ ■bevy bud Kwbw 8huw 6xw: pppDa{{lIpprer fN wiA or bww mop of wal Gr oorhg In 66am grtd wldl "7i: M �' I CAlirfOTTPi(a] Oafema: p Ptd= AdMbdUf t ❑ At erode W~. ❑ samum nt OIIMI r T ❑ ml Pb ❑ mum ❑ vmf Hmae r 1 ,._, �.�, ❑ Ouw ❑ VailPR ❑ Bfrfled P,Efil'1 t+AM� 1pAri,� NAM .ar... rav bdabvr. Dk=Mr Door 90Inave*m hoW7 Anfwlerapoov kib> Wnta ? 11.�r[ han ,_ to A. ❑ pia XW ❑ mm © w ❑ Ur ,i 0- I�jjl�tA�y a yy •� n� p3"D �itarwille Rd ■yen da" Ml&tms M 5512 _-,F� M. %R ice, S. ❑ Vw ❑ No ❑the ❑ No ❑ Wlmerm In. bpe4.,,.._ b E ❑ Yhs ❑ NO ❑ Ybs ❑ No ❑ lartknorrn WUL OWNERS IPAlA 1r1R1A1Y NAME ampyom HOL! WrA ewnMf 1ndit a Aarrs+K Van pto"ry v.+rs ad&w kdcxlrn.bow $-r— to, -a-' R• om Hmoftm t ft- Oft"N snow ❑ RodwDmP Pip* ❑ Ohedr ifthoocea ❑ Deab ❑ F!I )(W Obat ab. Z of Z Type of obwuatlma p aw be) 0bwuWorm m wred7 ❑ Yas ❑ No lhnvibe GKOLOIbCAL rmcvm COLOR im�cw FIIDY 7D H nor k dows at5mwd lam orlon k hvrrr rwerb� wdl to bdfFrg- Pum. SAW ftmffl ❑ PrMuft Rwv&W Prior ID tIMIIbg ❑ Ltlfer ITYPD MEnWDWEDTOOFALANNaIjulSPAOEeHTWE1E.H2CAlND9,ORCASINND GA9M OHOLE �MnoW %we Efdeb ❑ Anmdar9pm Groaed whh Ttemis Pipe ❑ OWng Pwb MWII r»vtrl Dlanwbr In. fo .__.-. IL ❑ Psrbreted ❑ Re" Weed In. horn- --I,)-IL ❑ PeAhaw ❑ Rertgrfld Type of Noorrm` - VAICArIC [ Wo a w iwm grosid ftm to WH br thN wsn? ❑ lira THe GROUT7ffii YAT9tlAL(r#) form bap fit DEMO -. 24be, oft beg of bwdon to . QO lbw) I i3rviRrrfy from L _ p.� r 1L 1arde�� qp�r I}f from to ` _-- Imm- ro i bap OTHER VM" Atid 50ff Han - Ofhrr uftbmAd and unund wd er bolt on p oWly? ❑ wlk W Ham me"? RkT MKS, SOWPM OF DATA V049UMTIES INS" LINO WMAW on mea mm"Ill CONT1U cwn aERiff*cAy pH TAIa wal dt bWV w" aasW In mmulance whh Mirrmx* a Rulw6 OlapW 4725.The Inbrmatien eanf kW In Vfk mpDrt Is rw to Vfe bw of my wvwwdpe. Well DdL�. Cam,. It11sr ib9i or RopWvarbn fia. J, W tuam �• "of PWBon %mft WM ar �� .fIPORTANT-FUZ WRN PROPERTY JH 3 5 5 4 4 5 PAMMaIaL uvw&R DOPY mcvlw-lD LWWlolf ; *- Exhibit D Restrictive Covenants See attached. 15 RESTRICTIVE COVENANTS THESE RESTRICTIVE COVENANTS ("Agreement") dated effective the day of , 2018, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Tollberg Homes, LLC, a Minnesota limited liability company ("Tollberg"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between the City and Tollberg dated effective April_, 2018 ("Purchase Agreement), Tollberg purchased the real property located at 7303 62nd Avenue North in the City of New Hope from the City, which property is legally described on the attached Exhibit "A" ("Property") which purchase closed on May , 2018; and WHEREAS, Tollberg has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Tollberg have agreed Tollberg shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Tollberg have agreed the City may levy a $20,000.00 assessment against the Property prior to Tollberg sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment; and WHEREAS, compliance with the restrictions imposed by this Agreement is an additional consideration for the sale of the Property to Tollberg. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Tollberg agrees as follows: AGREEMENT 1. Restrictive Covenants. Tollberg hereby covenants and agrees with the City that the Property is restricted by the following covenants: a) The initial conveyance of the residential dwelling ("Dwelling") constructed upon the Property will be only to "Owner-occupant(s)". "Owner -occupant" is defined as an individual that purchases the Property from Tollberg with a bona fide intent to reside in the Dwelling as a primary residence; and b) The Dwelling constructed on the Property shall be occupied only by the Owner - occupant, and/or by the "Immediate Family Mcmber(s)" of the Owner -occupant for a period of twelve (12) consecutive months commencing on the date of initial conveyance to an Owner -occupant. "Immediate Family Member" shall only mean a parent, step-parent, child, step -child, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. Relationship may be by blood or marriage. 2. Release of Restrictions. The Property will be released from the restrictions imposed by this Agreement as follows: a) Upon the issuance of a Certificate of Occupancy for a Dwelling constructed upon the Property and receipt by the City of an Affidavit signed by Tollberg and the Owner -occupant verifying the Owner -occupant's intent to occupy the Dwelling as a primary residence the Property shall be released from the restriction stated in paragrapb l (a) above. b) The Property shall be released from the restriction of paragraph 1(b) above on the one (1) year anniversary of the date the Property was conveyed in compliance with paragraph 1(a). 3. Waiver by City. Notwithstanding the restrictions stated above, the City may waive the restrictions stated above upon a finding of hardship or other extenuating circumstances sufficient to justify the waiver in its sole discretion. 4. Agreement to Assessment. Tollberg acknowledges and agrees the City may levy a $20,000.00 assessment against the Property if: (a) the Property is not improved with a single family house on or before May__, 2019; and/or (b) if Tollberg sells the Property with the completed home to a non -owner -occupant in violation of paragraph 1(a) above. Further, Tollberg agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 5. Waiver by Tollber . Tollberg expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Agreement or any claim that the amount thereof levied against the Property is excessive, together with all rights to appeal the assessment in the courts. 2 G. Additional Remedies. 1t is further understood that if Tollberg or an Owner -occupant should breach their respective obligations under this Agreement, the City will suffer irrevocable harm from which a recovery of money damages would be an inadequate remedy. It is therefore agreed that the City shall be entitled, as a matter of right, in any Court of competent jurisdiction to a mandatory injunction restraining and enjoining pending litigation, as well as upon final determination thereof, from attempting to violate or violating this Agreement. It is further agreed that the City's rights- to such injunctive relief shall be cumulative with and in addition to any other rights, remedies or actions which the City may have. 7. Tollber 's Successors. This Agreement shall not be terminated by: a) Voluntary dissolution of Tollberg or any parent subsidiary or successor of Tollberg; b) Merger whereby Tollberg (or such parent subsidiary or successor of Tollberg) is not the surviving or resulting entity; or c) Any transfer of all or substantially all of the assets of Tollberg. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall inure to the benefit of and shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 8. Runnlnn of Benefits and Bardens. All provisions of this Agreement, including the benefits and burdens run with the land and are binding upon and shall inure to the benefit of the assigns and successors of the parties to this Agreement, such that the provisions of this Agreement shall restrict the Property, and subdivision thereof, notwithstanding any sale or transfer of the Property or any subdivision thereof to a third party. 9. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the City: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, MN 55428 kmcdona1d c7ci.iiew-h_pp .mn.us If to Tollberg: Tollberg Homes, LLC Attn: Wade Tollefson 1428 51h Avenue Anoka, MN 55304 10. Governing Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 11. Cumulative Rights. Each, and all of the various rights, power and remedies of the City in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. 12. Amendment. This Agreement maybe modified or amended only by a written instrument executed by Tollberg and the City. IN AGREEMENT, the parties have executed these Restrictive Covenants effective the day and year first above -written. CITY OF NEW HOPE TOLLBERG HOMES, LLC By: By: Kathi Hemken Its: Mayor Wade Tollefson Its: Chief Manager Dated: 2018 Dated: , 2018 By: Kirk McDonald Its: City Manager Dated: 2018 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2018, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. { (Notary Public Seal) Notary Public STATE OF MINNESOTA } ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2018, by Wade Tollefson, the Chief Manager of Tollberg Homes, LLC, a Minnesota limited liability company, on behalf of said limited liability company. 5 (Notary Public Seal) Notary Public I Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 Exhibit E Assessment Agreement See attached. 16 ASSESSMENT AGREEMENT THIS ASSESSMENT AGREEMENT ("Agreement") dated as of the day of April, 2018, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Tollberg Homes, LLC, a Minnesota limited liability company ("Tollberg"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between City and Tollberg dated effective April , 2018 ("Purchase Agreement") Tollberg purchased the real property located at 7303 62d Avenue North in the City of New Hope from City, which property is legally described on the attached Exhibit "A" ("Property") which purchase closed on May , 2018; and WHEREAS, Tollberg has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Tollberg have agreed Tollberg shall complete the construction of the home as described in the Purchase Agreement within one (1) year of the date of closing on the purchase of the Property; and WHEREAS, the City and Tollberg have further agreed the City may levy a $20,000.00 assessment against the Property prior to Tollberg sale of the Property with the completed home if it is not being sold to an owner -occupant. Further, said assessment may be certified to Hennepin County for collection with real estate taxes payable in a single installment. AGREEMENT 1. Completion of Proieet. Tollberg hereby covenants and agrees with the City that the new home on the Property shall be fully completed on or before May , 2019. Fully completed shall mean the Property shall be improved with a new single-family house. 2. A Bement to Assessment. Tollberg acknowledges and agrees the City may levy a $20,000.00 assessment against the Property if. (a) the Property is not improved with a single-family house on or before May �, 2019; and/or (b) if Tollberg sells the Property with the completed home to a non -owner -occupant. Further, Tollberg agrees the assessment provided by this paragraph may be certified to Hennepin County as a special assessment and collected with the real estate taxes against the Property in a single installment. 3. Waiver by Tollbere. Tollberg expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Agreement or any claim that the amount thereof levied against the Property is excessive, together with all rights to appeal the assessment in the courts. 4. Tollbere's Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Tollberg or any parent subsidiary or successor of Tollberg; b) Merger whereby Tollberg (or such parent subsidiary or successor Tollberg) is not the surviving or resulting entity; or c) Any transfer of all or substantially all of the assets of Tollberg. In the event of any such merger or consolidation or transfer of assets, the provisions of this Agreement shall be binding upon the surviving or resulting entity to which such assets shall be transferred. 5. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, sent by confirmed electronic transmission, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other party in this section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, confirmation of electronic transmission, delivery to such courier or the refusal to accept such service. If to the City: City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue North New Hope, MN 554284898 kmcdarial d(a),ci_new-ltapc.mmus If to Tollberg: Tollberg Homes, LLC Attn: Wade Tollefson 1428 511 Avenue Anoka, MN 55304 6. Governing Law. All matters relating to the interpretation, construction, validity and enforcement of this Agreement shall be governed by the internal laws of the State of Minnesota. 2 7. Cumulagve Rights. Each and all of the various rights, power and remedies of the City in this Agreement shall be considered as cumulative with and in addition to any other rights, powers, or remedies of the City, and no one of them is exclusive to the others, or is exclusive to any other rights, powers and remedies allowed by law. The exercise or partial exercise of any right, power or remedy shall neither constitute the election thereof, nor the waiver of any other power or remedy. S. Amendment. This Agreement may be modified or amended only by a written instrument executed by Tollberg and the City. IN AGREEMENT, the parties have executed this Assessment Agreement effective the day and year first above -written. CITY OF NEW HOPE By: Kathi Hemken Its: Mayor Dated: , 2018 By: Kirk McDonald Its: City Manager Dated: 52018 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN TOLLBERG HOMES, LLC M Wade Tollefson Its: Chief Manager Dated: , 2018 The foregoing instrument was acknowledged before me this _ day of 2018, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. (Notary Public Seal) Notary Public STATE OF MINNESOTA } ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2018, by Wade Tollefson, the Chief Manager of Tollberg Homes, LLC, a Minnesota limited liability company, on behalf of said limited liability company. (Notary Public Seal) Drafted By: Notary Public JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 4 Exhibit F Request for Proposal ("RFP") Guidelines See attached. 17 The City of New Hope Economic Development Authority (EDA) is requesting proposals from builders to purchase the vacant lot located at 7303 62nd Avenue North, for the construction of a new'single family home. The lot is being offered as part of the City's Scattered Site Housing Program that focuses on the removal or rehabilitation of distressed properties. The site currently contains a vacant home that will be razed by the EDA in the spring. Enclosed, please find the Proposal Form and Guidelines for making a proposal. To receive consideration, proposals must be submitted on a completed Proposal Form and the required attachments and additional information must be included. Incomplete proposals will not be considered. Proposals are due by 12:00 Noon on February 16th 2018. If you have questions about the RFP process or the enclosed Guidelines, please contact Aaron Chirpich in the Community Development Department at the City of New Hope, 763-531-5114 or achirpich@ci.new- hope.mmus Thank you for your interest! Regards, Aaron Chirpich Community Development Specialist General Notes: 1. Only complete proposals will be considered. The City retains absolute discretion in deciding whether to accept any particular proposal. 2. Proposals must be submitted by state -licensed builders who have built at least three houses in Minnesota in the last five years, or have equivalent experience acceptable to the City. The house may be built speculatively or for a specific buyer. 3. The City is interested in proposals that will generate the highest valued home possible. The new house must be an owner -occupied, single family home. Owner occupancy restrictions will be documented in the development agreement and secured with a recorded restrictive covenant. The occupancy requirement shall apply to the first buyer only and shall last for a period of one year. Full details regarding the legal language of this requirement are available upon request. 4. No preferred home style has been determined. However, preference will be given to concept plans that propose to finish the most square footage and those that include high quality exterior materials and upgraded interior amenities. 5. Following proposal approval by the City Council, selected builders will be asked to enter into a purchase and development agreement. This agreement will address the sale of the lot and secure all applicable development and performance standards outlined in the proposal guidelines. At the time of this agreement the builder must submit a $2,000 nonrefundable earnest money deposit. Once the purchase and development agreement have been completed, final approval by resolution will take place at the next regularly scheduled City Council meeting. 6. Construction of the new house must be completed within one year of closing on the purchase of the lot. I I —�-'� "jayy � n -��i -'.� ��'(r � �.Sil, 1 L � ;4Ys• r'J •. L +rf .'1.- i.� i:� �.�'1. �1�' ��:.I�•1` :�� �•.F_��* .nf'��i] R�: l.� Specifications: 1. Utilities a) All utility service lines shall be underground. Utilities may locate necessary facilities such as pedestals or boxes in the street right-of-way or utility and drainage easements. b) Any expenses for connection of the house to private utilities shall be the responsibility of the builder, c) Municipal water is available into the lot on the north side of the property and the location of the service will be marked onsite. The EDA will install a new curb stop and box in conjunction with the demolition of the home. d) Municipal sanitary sewer is available into the lot on the south side of the property and the location of the service will be marked onsite. The FDA will slip -line the existing service from the termination point all the way to the main line in conjunction with the demolition of the home. 2. Building Standards and Design Guidelines a) All site improvements shall comply with the New Hope City Code. b) The house shall have at least three (3) finished bedrooms and two (2) finished bathrooms. c) The house shall have an attached garage that will accommodate a minimum of two vehicles. Three stall garages are preferred. d) The design should emphasize the front door as the focal point for the front of the house. A large and usable front porch is desired. Garage door dominance in design should be minimized as much as possible, such as by using separate doors for each stall. e) The driveway for the new home must be completely new and fully paved from the street to the garage. The demolition contractor will leave a portion of the old driveway as a construction entrance. This remaining section of the old driveway must be fully removed with the construction of the new home. Specifications: e) Plans should present a balanced and pleasing distribution of wall and window areas from all views. Blank walls are not permitted. To the extent that southern exposures are present, house designs are expected to enhance wintertime natural light and passive solar heating. f ) No equipment such as air-conditioning cooling structures or condensers that generate noise shall be located within a side setback, drainage and utility easement. g) Exterior materials (siding, soffit, doors and windows) shall be low maintenance.1he use of brick or stucco is preferred. Vinyl or other low maintenance siding materials are generally acceptable and can be made more desirable through the use of shakes, fish scales or other styles to break up the pattern. 3. Landscaping The lot shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining property. The lot area remaining after providing for off-street parking, sidewalks, driveways, buildings, and other requirements shall be landscaped using ornamental grass, shrubs, trees or other acceptable vegetation or treatment generally used in landscaping. The use of grass bced or hydro -seed is not acceptable for restoration of disturbed areas. All grass that is planted must be sod. Additionally, all lawn areas must be irrigated with underground irrigation systems. b) A minimum of one (1) large -species deciduous shade trees shall be planted in the front yard. A minimum of one (1) large -species deciduous shade tree shall be planted in the rear yard. Trees should be a minimum of 2" in diameter. A list of prohibited trees is attached. 4. Setbacks Front Yard Rear Yard Interior Side Yard Attached Garage Interior Side Yard Howse 25 feet 25 feet 1 5 feet 10 feet Approximate maximum home width = So feet Specifications: 5. Builder Selection Criteria a) Builder must a licensed in the State of Minnesota as a Residential Building Contractor. b) Builder shall provide the addresses of three houses they have built in Minnesota within the last five years, or evidence of qualification acceptable to the EDA. c) Builder must provide proof of builders risk, comprehensive general liability, and worker's compensation coverage. d) Due to the timing of this request and the potential for a spring 2018 construction start, the dosing date will be negotiated after the EDA has selected a preferred partner. - e) Builder must be capable of completing the house within one year of dosing on the purchase of the lot. 6. Required Attachments by Builder a) Site plan showing the layout of the home on the lot. Please include dimensions and setbacks. b) Floor plans with dimensions. Clearly indicate square footages of each floor. c) List overall square footage. d) List total finished square feet. e) Elevations, must indicate types of exterior materials (color elevations preferred). f) Narrative description of the interior trim package. Include description of flooring. g) Estimated sales price of the home. h) Pictures of similar homes (if available). 7. Attachments Provided by City Location map Sample lot layout (with approximate dimensions) Prohibited tree list This lot is being offered at a price of $55,000. The EDA does not negotiate on lot price. This proposal is not a purchase agreement or other binding contract. At this time, the builder is submitting a proposal to purchase this lot for $55,000 and build a new single family house in accordance with the KFP guidelines. If a builders proposal is accepted by the EDA, builder will be asked to enter into a purchase and development agreement and provide $2,000 earnest money for the lot. Only after such an agreement is signed would a binding contract exist between the EDA and the builder. Company Name: State License Number: Telephone: E-mail Address: City/State/zip: Signature: Print Name and Title: Proposals are due by 12:00 Noon on February 16th 2018 Submit this proposal form and required attachments to: Aaron Chirpich City of New Hope I Community Development Specialist 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5114 1 Fax: 763-531-5136 achir i -ho e.mn.us Da Proposals may be submitted by hand delivery, U.S. Mail, Fax or E-mail This lot is being offered at a price of $55,000. The EDA does not negotiate on lot price. This proposal is not a purchase agreement or other binding contract At this time, the builder is submitting a proposal to purchase this lot for $55,000 and build a new single family house in accordance with the RPP guidelines. If a builders proposal is accepted by the EDA, builder will be asked to enter into a purchase and development agreement and provide $2,000 earnest money for the lot Only after such an agreement is signed would a binding contract exist between the EDA and the builder. Company Name: ����Gr+t �m •� c I State License Number: S.5Lftr Telephone: %1.3 - 0,57- -� O3 7_ _ E-mail e2 ¢ 14#1 e - l- Address: ILIA 9 S' ~,,4,-r- City/State/Tip:. J, k-. . Date: a `S I IV Print Name and Title:_ J*= ■ a I /4. ? 11,0"4C Proposals are due by 12:00 Noon on February loth 2018 Submit this proposal form and required attachments to: Aaron Chlrpich City of New Hope I Community Development Specialist 4401 XylanAve NI ! !r'ew dope, m\z l 35428 Dffim:763-531-5114 1 Fax: 763-531-5136 -achiU2ieh@ci.new••liope,= tss Proposals may be submitted by hand delivery, U.S. Mail, Fax or E-mail TOLLBERG 1428 5" Ave I Anoka, MN 55304 p:763-205-2037if:763-421-5616 j www.tollberghomes.com February 8, 2018 Aaron Chirpich New Hope Community Development Dept. 4401 Xylon Ave N New Hope, MN 55428 Dear Mr. Chirpich, Thank you for your recent correspondence regarding scattered site lots in the City of New Hope. Tollberg Homes, LLC is a local builder out of Anoka that builds single family homes In a variety of communities and price range. We were recently recognized as a Top 25 Builder by the Builders Association of the Twin Cities. Current MN communities that we are active in include Lino Lakes, Stillwater, Crystal, and Anoka. Addresses of specific homes that we've built are included at the end and we can certainly provide access to the inside of any or our model homes at your convenience. We have the financial strength to purchase the lots and complete the construction. A commitment letter can be provided upon request. Tollberg Homes has significant experience building In first ring suburbs and in -fill neighborhoods. We have purchased lots from EDXs of Crystal, Columbia Heights, Coon Rapids, and Anoka in the past several years. Our clients who bought these homes have been appreciative of the quality and value delivered by Tollberg Homes. Our warranty also exceeds Industry standard as we perform a 4 week and 1 year walk through with all of our clients after closing to address any concerns. TOLLBIERG 1428 5a' Ave I Anoka, MN 55304 p: 763-205-2037 If: 763-421-5616 j www.toliberghomes.com We would anticipate that the Augusta model with a finished basement would be a good fit for the 7303 62"d Ave property. The Augusta model is a 1264 sq ft split level plan with a finished basement that adds 980 finished sq ft. Total finished sq footage would be 2244. Exterior materials would include stone, shakes, and vinyl siding. Interior finishes would include high definition laminite kitchen countertops, laminate wood flooring in the kitchen/dining, carpet in the living room/hall/bedrooms, and vinyl in the bathrooms. The anticipated sales price would be $309,900. It would be our Intent to construct the homes as quickly as time and weather permit. Our typical construction time frame is about 100 days. Tollberg Homes hopes to have a long term presence in New Hope that would be beneficial to all of the parties involved. Please feel free to contact us with any questions. Very truly yours, Nathan Jones Chief Operating Officer Tollberg Homes 651-20"500 cell Current and Previous EDA lots: 5715 Regent Ave, Crystal 5626 Vera Cruz Ave, Crystal 3122 Douglas Ave, Crystal 1607103"d Ave, Coon Rapids 2260 Coon Rapids Blvd, Coon Rapids 1038 and 1044 Madison St, Anoka 1045 and 1051 Jefferson St, Anoka 4600, 4606, 4636, and 4648 Polk St, Columbia Heights Hennepin CountyProperty Ma pp Date:2/112018 PARCEL ID: 0511821210010 OWNER NAME: Econ Dev Auth City New Hope PARCELADDRESS: 7303 62ndAve N, New Hope MN 55428 PARCEL AREA: 0.37 acres, 16,015 sq ft A-T B: Torrens SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $117,000 TAX TOTAL: $1,603.32 ASSESSED 2017, PAYABLE 2018 PRO PERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE $117,000 Comments: This data (1) Is furnished As Is' vith no mpresaniation as to ootnp;B%ness or accuracy; (9) Is furrrlehedwlth no warnvntyof any kind; andQln Is notwirable ibr legal, engineering or sarveyirg purpoeee. Hennepin County shag not be gahla for a ny dama®e, 1nluryorlose reeulgng from 1hN; data. COPYRIGHT ® HENNEPIN COUNTY 2018 Ilk -1 w Fa Fain so I 1"k w•. E 41 p Ff WOMSTORE BANK 9609 TOLLBERG*HOMiE% LLC 1428 Sidi AVENUE 4121 /22018 TOLLB*G ANC", MN 55M **2,000.00 PAm 'ME city of NewHope OFWER OF Two Thousand and 0GM00"w w;�`w����w«wrFt+Mnei►ww,►wwk+'g+*f*+***�+�f� DOLLARS city of New Hope memo �! L it�p09E,0.9w a"[17 3901 2 3 34 25 24G Oeu TOLLSERG HOMES, 4Z 9609 city of New Hope Midwest One Checkin 4/21/2018 2,000.00 OWN ME ME so -NJP6 Alt c- i�� rl _ :r�� •9 mi f i1 • I. 1 1. _ This lot is being o6ered at a price of $55,000. The EDA does not negotiate on lot price. This proposal is not a purchase agreement or other binding contract. At this time, the builder is submiJ ing a proposal to purchase this Iot for $55,000and build anew single famiIy house in accordance with the RFP guidelines. If a builders proposal is accepted by the EDA, builder will be asked to enter into a purchase and development agreement and provide $2,000earnest money for the lot. Only after such an agreement is signed would a binding contract exist between the EDA and the builder. Company Name: 611�/ I<L),."- A. _s State License N umber: Sc 63) 5,28 Telephone: �tfv.�j ^ �� I C/j E-mailI �P��� �•,+�>vr,�q,C�:r Address:_'5J f O ]'M AV � City/State/Zipi )0a .j, 363 Signature: �—�- Date:_ Print Name and Title: 64z"J /J X Proposals are due by 12:00 Noon on February 16th 2018 Submit this proposal form and required aJachmentsto: Aaron Chirpich City of New Hope I Community Development Specialist 4401 Xylon AveN I New Hope, MN 55426 06ce:763-531-51141 Fax:763-531-5136 at it ich& new-hopgMn.us Proposals maybe submiJed by hand delivery, U.S. Mail, Fax or E-mail r Chirpich Aaron From: GLENN HAMMER Owner <glennhammer@q.com> Sent: Thursday, February 15, 2018 10:24 AM To: Chirpich Aaron Subject: New Hope lot purchase proposal 7303 62nd av Attachments: Document (2).pdf Members of EDA and City Council We appreciate your consideration for our proposed design to construct on your site. As you may recall, we have recently built two homes on lots that were part of your scattered lot program and have another one starting very shortly. We have enjoyed a great working relationship with your city and staff and are grateful for the the opportunity to potentially partner up again. We are submitting a similar but larger plan that we have in fact built in New Hope and surrounding cities as part of their EDA program. This plan has been well received and always sells before completion. We believe this plan will work particularly well given the existing neighborhood and would be a welcoming addition both to the surrounding neighbors and the end buyer. Our focus on nice curb appeal yet a plan not too overbearing was our goal here. This particular style with the sunken living room is rarely seen and adds a nice twist to what people may think is just a standard plan. We have also tried to balance bringing forth the highest possibly value home but still keep the price range within what the market will support given the feedback we have received on our other project with regard to the proximity to the apartments. Our home design selection only tells half of the story though. As a builder in the industry for roughly 25 years I have deep pride in the products I construct. I have extensive background in the higher end market so I naturally focus on quality and details. My goals are to not just make this home look nice for your acceptance, but to construct a quality home for the end buyer that will be an asset to them and the city for decades. I focus on quality subcontractors that perform their jobs well and with minimal disruption to the neighbors and a good working relationship with the city staff throughout the process. The house anticipated sale will be $295,000 Granite in Kitchen Engineered wood floors kitchen/ Dining Some tile floors Interior to somewhat match attached pictures As always, we are grateful to be considered again for another project. If at any time you have questions or concerns that I can address, never hesitate to contact me. Sincerely, Glenn Hammer Great Buy Homes Inc. z 0 IL w 0 F v 10 0 V �.iiwrri �iiir�.rrrr�iivrifnaghvs���rvwvrv�r� fli vi At;/ f5 ►�Q �G � /Q-,Sfi ..... V'`o col 000 -ONOV9 I 1'' �7N Sn off t � LA rom EOM © min ow V / i• LLJ du aw _ 00-00 w Y 0 I ■ ry ZLLJ V 11 c oL ZLLJ �u aW J J A ' W 1(..YL0 i ..a _ 104 s 11 S kAWA 612.987.4946 ThcTwinCiticsBcstHomcs.com " ROGERS kv0' KFI. 1. FR - - limp 612.987.4946 ThcTwinCiticsBcstHoiws.com ROGERS k ■ LL tit �••,1..�`.�i'•iji�i i-.: I I _ I I r l ' II _ 1. •�� �� � '� r I ` 612.987.4946 ThcTwinCilioBestUfornes.com ut ROGERS kvv.LA,.,, F,'