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IP #1024 destroy 2029PROJECT NO. 1024 Acquisition of 3856 Maryland - $78,500 EDA Res. 7/23/18 Resolution approving the purchase agreement for the acquisition of 3856 Maryland 2018-11 Avenue North (improvement project no. 1024). EDA Res. 3/11/19 Resolution approving the sale of the scattered site lot located at 3856 Maryland Avenue 2019-01 North (improvement project no. 1024) PURCHASE AND REDEVELOPMENT AGREEMENT This Purchase and Redevelopment Agreement ("Agreement") is made by and between DONNAY HOMES, INC. a Minnesota corporation ("Buyer") and the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA, a public body corporate and politic created pursuant to the laws of the State of Minnesota ("Seller") effective March JS_ , 2019. 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 3856 Maryland Avenue North, New Hope, Minnesota, and legally described as "Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota" (the "Property"). 1. Purchase Price. The purchase price for the Property is Sixty Thousand and No/100 Dollars ($60,000.00) (the "Purchase Price"), which Buyer shall pay as follows: an initial payment of Two Thousand and No/l00 Dollars ($2,000.00) (the "Earnest Money"), which sum shall be paid to Seller upon Buyer and Seller's execution of this Agreement and Fifty -Eight Thousand and No/100 Dollars ($58,000.00) 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 A 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 parry 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. 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. 1 f. To the best of Seller's knowledge without inquiry, no above ground or underground tanks are located in or about the Property. g. Certain unstable soil conditions on the Property have been identified in the Haugo Geotechnical Services report as disclosed by Seller to Buyer in the Request for Proposal. The disclosures regarding soil conditions made in the Request for Proposal attached hereto as Exhibit B are herein incorporated into the terms of this Agreement. h. 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 acknowledges it has received the disclosures regarding soil borings report prepared by Haugo Geotechnical Services and included with the Request for Proposal attached hereto as Exhibit B. Buyer fully understands and acknowledges that it will be solely responsible for performing the necessary soil corrections required to construct the home on the Property. Buyer acknowledges that Seller shall have no further liability for any costs associated with soil corrections on the Property. b. Buyer agrees the first sale of the home on the Property will be sold to an owner - occupant. 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 C and D, 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 C. 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 Custom Home Builders Title ("Title Company") 10850 Old County Rd 15 Suite #100, Plymouth, MN 55441 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 3 (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 April 30, 2019 (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 or the Office of the City Attorney. C. Seller shall deliver at closing the following executed and acknowledged documents: (i) the Deed; (ii) 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 Improvements." 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 B and Buyer's Proposed Plans approved by Seller on March 11, 2019 attached as Exhibit E. 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 agreements 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 5 (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. (ii) 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 Agreement 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 Improvements; 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 change with respect to, ownership in the Property or any part 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 parry bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. C (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. (iii) 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 of the 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 Agreement). 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 suspension 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 7 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 Properly 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 reverting 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: Donnay Homes, Inc. Attn: Paul Donnay 9655 63rd Avenue North Maple Grove, MN 55369 with copy to: wstnm c T'-fl e 10a5n Di15 Su�C-Ve, ► c)O Pi 5544 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 agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or fmders' 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 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 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. Assignment/Prohibition 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: Economic Development Authority in and for the City of New H e By: *,,I, Kathi hemken Its: President Dated: March c�y, 2019 B Kirk McDonald Its: Executive Director Dated: MarchZ , 2019 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) BUYER: Donnay Inc. By: � :2�� - C;Lz--r-- Paul Donnay Its: President Dated: March 'CS , 2019 The foregoing instrument was acknowledged before me this o day of March, 2019, 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. NotarYjublic ELIZABETH A KRAMER Notary Public State of Minnesota My Commission Expires 440mJanuary 31, 2023 10 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this If r 1day of March, 2019, by Paul Donnay, the President of Donnay Homes, Inc., a Minnesota corporation, on behalf of said corporation. WESTRUM - Minnesotares M Jan. 31, � DRAFTED BK Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (763)424-8811 Notarytiblic II Exhibit A 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 private utilities, 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. 12 Exhibit B Request for Proposal ("RFP") Guidelines Including Disclosures Regarding Soil Conditions See attached. 13 Exhibit C Restrictive Covenants See attached. 14 Exhibit D Assessment Agreement See attached. 15 Exhibit E Buyer's Proposed Plans See attached. P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-11427 Purchase 3856 Maryland Ave N from Crystal\Purchase and Redevelopment Agreement - 3856 Maryland Ave. N..docx IC61 RESTRICTIVE COVENANTS THESE RESTRICTIVE COVENANTS ("Agreement") dated effective the day of April, 2019, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Donnay Homes, Inc. a Minnesota corporation ("Donnay Homes"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between the City and Donnay Homes dated effective March 2-5' , 2019 ("Purchase Agreement"), Donnay Homes purchased the real property located at 3856 Maryland Avenue North in the City of New Hope from the City, which property is legally described as "Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota" ("Property") which purchase closed on April , 2019; and WHEREAS, Donnay Homes has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Donnay Homes have agreed Donnay Homes 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 Donnay Homes have agreed the City may levy a $20,000.00 assessment against the Property prior to Donnay Homes' 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 Donnay Homes. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Donnay Homes agrees as follows: AGREEMENT 1. Restrictive Covenants. Donnay Homes 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 Donnay Homes 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 Member(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 Donnay Homes 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 paragraph 1(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. Donnay Homes 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 April , 2020; and/or (b) if Donnay Homes sells the Property with the completed home to a non -owner -occupant in violation of paragraph l (a) above. Further, Donnay Homes 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 Donnay Homes. Donnay Homes expressly waives objection to any irregularity with regard to any assessment levied against the Property per this Agreement 2 or any claim that the amount thereof levied against the Property is excessive, together with all rights to appeal the assessment in the courts. 6. Additional Remedies. It is further understood that if Donnay Homes 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. Donnay Homes' Successors. This Agreement shall not be terminated by: a) Voluntary dissolution of Donnay Homes or any parent, subsidiary or successor of Donnay Homes; b) Merger whereby Donnay Homes (or such parent, subsidiary or successor of Donnay Homes) is not the surviving or resulting entity; or c) Any transfer of all or substantially all of the assets of Donnay Homes. 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. Running of Benefits and Burdens. 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 kmedonald@newhopemn.gov If to Donnay Homes: Donnay Homes, Inc. Attn: Paul Donnay 9655 63`d Avenue North Maple Grove, MN 55369 10. [xovci nine 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 may be modified or amended only by a written instrument executed by Donnay Homes and the City. IN AGREEMENT, the parties have executed these Restrictive Covenants effective the day and year first above -written. 11 City of New Hope Kirk McDonald Its: City Manager Dated: April , 2019 STATE OF MINNESOTA }ss. COUNTY OF HENNEPIN Donnay Homes, Inc. By: t aul Dormay Its: President Dated: Aprif Lf , 2019 The foregoing instrument was acknowledged before me this day of April, 2019, by Kirk McDonald, the City Manager 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 HENNEPIN 1. f4e_, 4 The foregoing instrument was acknowledged before me this 15 day of A 5rR, 2019, by Paul Donnay, the President of Donnay Homes, Inc., a Minnesota corporation, on behalf of said corporation. �= ANTHONY L. WESTRUM '` Notary Public - Minnesota ,•:"1 _. My Commission E>Vires Jan. 31,202 Drafted By: Notary Public JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11427 Purchase 3856 Maryland Ave N from Crystalaestrictive Covenant - 3856 Maryland Ave N.docx ASSESSMENT AGREEMENT THIS ASSESSMENT AGREEMENT (`Agreement") dated effective as of the day of April, 2019, by and between the City of New Hope, a Minnesota municipal corporation ("City") and Donnay Homes, Inc., a Minnesota corporation ("Donnay Homes"). RECITALS WHEREAS, pursuant to that certain Purchase and Redevelopment Agreement between City and Donnay Homes dated effective March Z5 , 2019 ("Purchase Agreement"), Donnay Homes purchased the real property located at 3856 Maryland Avenue North in the City of New Hope from the City, which property is legally described as "Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota" ("Property") which purchase closed on April , 2019; and WHEREAS, Donnay Homes has committed to constructing a new residential home on the Property pursuant to the terms of the Purchase Agreement; and WHEREAS, the City and Donnay Homes have agreed Donnay Homes 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 Donnay Homes have further agreed the City may levy a $20,000.00 assessment against the Property prior to Donnay Homes' 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 Project. Donnay Homes hereby covenants and agrees with the City that the new home on the Property shall be fully completed on or before April , 2020. Fully completed shall mean the Property shall be improved with a new single-family house. 1 2. Agreement to Assessment. Donnay Homes 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 April , 2020; and/or (b) if Donnay Homes sells the Property with the completed home to a non -owner -occupant. Further, Donnay Homes 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 Donnay Homes. Donnay Homes 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. Donmav Homes' Successors. This Agreement shall not be terminated by: a) The voluntary dissolution of Donnay Homes or any parent, subsidiary or successor of Donnay Homes; b) Merger whereby Donnay Homes (or such parent, subsidiary or successor of Donnay Homes) is not the surviving or resulting entity; or c) Any transfer of all or substantially all of the assets of Donnay Homes. 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. Running of Benefits and Burdens. 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. 6. 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 55428-4898 kmcdonald(@,newhopemn.gov 2 If to Donnay Homes: Donnay Homes, Inc. Attn: Paul Donnay 9655 63`d Avenue North Maple Grove, MN 55369 7. Governina 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. 8. 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 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. 9. Amendment. This Agreement may be modified or amended only by a written instrument executed by Donnay Homes and the City. IN AGREEMENT, the parties have executed this Assessment Agreement effective the day and year first above -written. C City of New Hope Kirk McDonald Its: City Manager Dated: April , 2019 STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. Don=zz By: Paul Donnay Its: President Mr.r"k Dated: A Z. s , 2019 The foregoing instrument was acknowledged before me this day of April, 2019, by Kirk McDonald, the City Manager 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 HENNEPIN AA" -"A The foregoing instrument was acknowledged before me this.2-5 day of Pik; 2019, by Paul Donnay, the President of Donnay Homes, Inc., a Minnesota corporation, on behalf of said corporation. (Notary Public Seal) ANTHONY L WESTRUM 4�� Notary Public - Minnesota Commission it My Expires Jan. 31, 28z0 Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 Notary Public P:\Attor\SAS\1 Client Files\2 City of New Hope\99-11427 Purchase 3856 Maryland Ave N from Crystal\Assessment Agreement - 3856 Maryland Ave N.docx M The City of New Hope Economic Development Authority (EDA) is requesting proposals from builders to purchase the vacant lot located at 3856 Maryland 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. 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 15th 2019. 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 ahirpich@newhopemn.gov Thank you for your interest! Regards, Aaron Chirpich Community Development Specialist General Notes: Only complete proposals will be considered. The City retains absolute discretion in deciding whether to accept any particular proposal. 1. On behalf of the city, Haugo Geotechnical Services has completed two soil borings on the site. The borings completed by Haugo terminated at a depth of 30 feet. Haugo has determined that there are unstable soils ranging in depth from 9 to 12 feet across the buildable area of the lot. To correct the issue, the poor soils will have to be removed. The city's engineer has estimated that the cost of this corrective measure is just over $17,000. Due to the presence of poor soils, the sale price of the lot has been adjusted to reflect the need for soil corrections. The city has assumed a value of $75,000 for the lot if no soil corrections were required. Therefore, the minimum base price has been set at $58,000. Given the price reduction, the EDA accepts no further liability for any costs associated with soil corrections on the property. The full geotechnical report and engineer's estimate are attached to this RFP for your review. 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 two years. Full details regarding the legal language of this requirement are available upon request. 4. The city considers this parcel to be one of the higher valued properties within the Scattered Site Program. Therefore, the city would like to see a two-story home placed on the site, as the two-story homes built in the program have commanded the highest prices when compared to other home styles such as split -entry. 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, the selected builder 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. 6. Construction of the new house must be completed within one year of closing on the purchase of the lot. 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 west side of the property. Please see the attached as -built drawing to identify the water stub location. d) Municipal sanitary sewer is available into the lot on the west side of the property. Please see the attached as -built drawing to identify the sewer stun location. The builder/buyer of this lot will be responsible for the payment of the Sewer Availability Charge or SAC fee, as the lot has never been developed. The SAC fee is $2,485. 2. Trail There is a newly created 20 foot wide trail easement running along the northern border of the site. This easement has been designated to accommodate the construction of a permanent bituminous trail that will be built in the spring of 2019. The purpose of the trail is to maintain a connection between Lions Park in New Hope and Kentucky Park in Crystal. Please see the attached easement sketch to reference the trail location. 3. 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 at least 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. e) The driveway for the new home must be fully paved from the street to the garage. 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 or drainage and utility easement. g) Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stone accents 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. 4. Landscaping a) 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 seed 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 tree 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. 5. Setbacks Front Yard Rear Yard Interior Side Yard Attached Garage Interior Side Yard House 25 feet 25 feet 5 feet 10 feet Dr Specifications: 6. 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 be capable of completing the house within one year of closing on the purchase of the lot. 7. 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). 8. Attachments Provided by City + Location map • Aerial photo with lot dimensions + Utility as -built drawings ■ Trail easement sketch • Drainage and utility easements Prohibited tree list • Geotechnical report and soil boring logs • Engineer's estimate for soil correction costs This lot is being offered at a minimum base price of $58,000. The EDA will consider higher offers for the lot. However, submitting a higher offer will not guarantee selection of your proposal. 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 $ house in accordance with the RFP guidelines. ($58,000 minimum), and build a new single-family 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 15th 2019 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 achirpich@newhopemn.gov Date: Proposals may be submitted by hand delivery, U.S. Mail, Fax or e-mail �Y yr�r VMS pj d d m:.t ra � fe .41 _ - s�1�'• � r C �'6 ;• n �CQDl1 vP IL' � t{:IRtlh.�-a O' i• 0 { '8. P3er.S�e{q.•• - •. N i..� ;..uc;h.ry .. '-,y one.«; 4�g{y +�': y� � +� ...�, Y� '�� ,+gyp❑L��r� � ��' �� 1E �kFn AV'h�7n1l1aY �'ipl�i.dn+y 1�11]nyuaHilia`-"""i•Nir :�^'I,AK-nE;xi r � � i■ L AR, e, • Frrio� - K, p : ! a. 1' r . 'iRa i-nldnhoilvr;�, � 1 —' �1 •t2 .inv.•n�,,.Pl�: rr 4 As MA+N,aV�• � � � � � � , e f � � - � 1 Imo. • _ �. pi A vHUM �M1'ry,71 QILn}I 'N �FV.31ky,clinn}f 'l! 3N��V;Jmfcd,uCF{ •�i`'f '—'ter, ,� M' ,� �� .F �"� � � WE• N. 0 ?%G" REDUCER LOUISIANA AVE. N. 0, s w r0ii�. e`a* � 9 04, i' �1 J ifi ! �2/ N z °r 4D ''��, 6°` •, 3 �� 2ti0 60• tir s o% ApO�S10 O •.�o os ADDITION )Q a 4rz' orpo �• �s ati 6 g0.• µY iQ �� r '-��a - a;N. _ �"'ts-��r W'i 8Z9_ m.l`i Br•�• 9 .q.0 SEA � 13 �0. rq• laa' �xc' � e4.89 �Fk- � N � SN _ 81.04• rs,2r' c �r r s' r3o r £I• ~ QT 6"_45° BEND 10 cop 9 Q 3 jY ,�y Y 'D• 6 J a h 7S.i I' 86.25Y "f z v' Cc/ �► , GWYNNC 2ND ADDITION f 4- OW - 90s.4- 905.8 905.9 i E F105T �54V! ' I 1 i 903.6 m LC,)UISIANA AVENUE ScCC)A/o P'DW-TION ti . .................. pep '170, TT DMICE NO. 98083 SCALE: i• a 20' 6 �g � rr Jr aegis far � �Jr Rmad JJ r rr rr rJ r rJ �7 J O /r rr i rJ •r �L .Z PROPERTY DESSCRiP7'iON: Lot9, Block4. Gwymco Second ABifhOM UMDCP n Co W. )&n—oO- TRAIL EASEIEW DESCRUYIM- Eaw=atfarpabHc tmIl pnfp = over theNa Aafly 20 feet afLot9, Block 4, Owsm - Second Add bA%Ha=Fm Counts: WmwwbL The Gxpary QW Inc LOT SURVEYS COMPANY 1W.M.W's ifa LAND SMVHYM �tsar� mame� uaY o �.2� �.:racrsysn 535638vl BDL CR225461 E amrr INVOICE No. M8 3 g SCALE 1' _ 20 NORTh'5W CDMMt OF LOT 9, DLOCK4. GWAMD 2NDAMMON � . 1 10 w �9 �p4 b9' � 1 ! 1 � 1 s f' � Dr�rrage � j TM ao ��•, � 15 a 1 s Ir I 1 7� 11 1 1, t 1 � PROPERTY msmu'Tmom, Lot9.BIC*4, Cawymco See and At#rRiiu4 Hctmop&C =ty, Mmmct& DRAINAGE AND LrEUXIT EASElVI&Ni' DESCRfPTTON. P—eat for mOty mad chamnw pwpDw over, tinder sad z== tbat pmt of Lot 9, BIocY 4, Caw Y-- S--d Addition, Hmoe2m Ca=V Km=,r; B=g d=mlc d as dae Emftfly 15 feet 'fbt SmAedy 5 £ae; the Wesh* 10 fist, the 1Qm&miy 20 feet and 8tatpart ofsaid Lot 9 Iyiag R-fl erly of the Wowing dmzled line Canr»> =zkg at sans aor6mA umr m of g d4 Lot 9. dx= Svaffiedy a 0 mg dts Easttxly Ifim ofsaid Lot 9 a diaim of 39.51 feet to dw peiatof bs a of said lhlq ibeact Wmtcdy to a pcixd cn We nord aiy line of s9d I.ot 9 disi= SY-19 fed 5vathweatc ty fr= said mordma.st comer and Laid tiara there ttzmin%fmx dA� LOTS VM CGWANY LAND 9MVEYC3Its a .....iuwiEWa►mm�vre sea s,.�°.ansxtx 535637vl BDL CR225461 City of New Hope Forestry Department 5500 International Pkwy • New Hope MN 55428 • Phone: 763-592-6777 • Fax: 763-592-6776 • ci.new-hope.mn.us Prohibited Tree List Trees provide value from an environmental and property value standpoint. They aid in reducing storm water runoff, soil erosion, and water pollution. Other environmental benefits include the improvement of air quality and conservation of energy. Trees have also been shown to increase property values and can help beautify neighborhoods. Tree Preservation Policy The city of New Hope has a Tree Preservation Policy in place, intended to protect and preserve trees when development takes place. The policy applies to commercial, industrial, multiple family, and institutional land use development projects. The city's Tree Preservation Policy requires that significant, preferred trees be replaced at 1 inch to 0.5 inch ratio. The ratio refers to the diameter of the tree in inches (rounding up) and the total number of - diameter inches required for replacement. A Significant Tree is considered a healthy tree measuring a minimum of six inches in diameter measured five (5) feet above the existing, natural grade surrounding the tree for deciduous trees for deciduous trees, or a minimum of twelve feet in height for coniferous trees. A Preferred Tree is considered any tree that does not appear on the city's Prohibited Tree list, as shown below. Prohibited Trees The city's Prohibited Tree list includes the following species: • Amur Maple • Black Locust • Boxelder • Ginko (female only) • Green, White, or Black Ash (fraxinus species) ■ Mulberry ■ Non -disease resistant elm species ■ Nonhybrid cottonwood species • Russian Olive Buckthorn • Siberian or Chinese Elm Boulevard Tree Replacement Policy The city of New Hope has also adopted a policy to help homeowners to replace boulevard trees that have been lost to storms, disease, or other causes. The city has a preferred tree list to address tree selection considerations including hardiness, mature size, salt tolerance, pest and disease resistance, rooting habits, maintenance requirements, and soil compatibility. For more information, call 763-592-6763. G:\CommDev\Informational Forms for CD and Public\Originals\Prohibited Tree List.docx (07-15) 013 r November 30, 2018 Mr. Aaron Chirpich City of New Hope 4401 Xylon Avenue North New Hope, Minnesota55428 HGTS Project Number:18-1078 Re: Geotechnical Exploration Report, Proposed Single Family Residence, 3856 Maryland Avenue North, New Hope, Minnesota Dear Mr. Chirpich: We have completed the geotechnical exploration report for the proposed single-family residence at 3856 Maryland Avenue in New Hope, Minnesota. The purpose of this geotechnical exploration was to characterize subsurface soil and ground water conditions and provide recommendations for foundation design and construction. Two (2) standard penetration test soil borings were advanced on the project site that extended to a depth of 20 feet below ground surface. In general, the soil borings encountered about 1 foot of topsoil underlain by existing Fill which extended to a depth of about 7 feet below ground surface. The existing Fill was underlain by soft native alluvial clay soils that extended to depths ranging from about 9 to 12 feet below ground surface. Below the soft clays, native glacial till clay soils were encountered which extended to the termination depths of the soil borings. The topsoil, existing Fill and soft clay soils encountered are not suitable for foundation support and will need to be removed and replaced with suitable compacted fill. In our opinion, the underlying stiffer glacial till soils are generally suitable for the construction of the proposed residence and detached garage. Groundwater was encountered in the soil borings at depths ranging from about 7 to 9 feet below the ground surface while drilling and sampling. These depths correspond to elevations ranging from about 900 to 903 feet above mean sea level. Groundwater will likely be encountered during deeper soil corrections and dewatering will likely be required. Specific details regarding our procedures, results and recommendations follow in the attached geotechnical exploration report. Thank you for the opportunity to assist you on this project. If you have any questions or need additional information, please contact John Carlson at 612-979-3542 or Ashley Yellick at 612-391-6173. Sincerely, Haugo GeoTechnical Services, LLC Ashley L. Yellick, G.I.T. Staff Geologist John T. Carlson, P.E. Senior Engineer GEOTECHNICAL EXPLORATION REPORT PROJECT: Proposed Single Family Residence 3856 Maryland Avenue North New Hope, Minnesota 55427 PREPARED FOR: City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 PREPARED BY: Haugo GeoTechnical Services, LLC 2825 Cedar Avenue South Minneapolis, Minnesota 55407 Haugo GeoTechnical Services Project:18-1078 November 30, 2018 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. �Iw bvj/� John T. Carlson, P.E. Senior Engineer License Number: 20663 Expires June 2020 CA ♦.� ° :Vi�I �r LICENSED • .L".20663r T~ ►� Op 01111100 M'N� Table of Contents 1.0 INTRODUCTION 1 1.1 Project Description 1 1.2 Purpose 1 1.3 Site Description 1 1.4 Scope of Services 1 1.5 Documents Provided 1 1.6 Locations and Elevations 2 2.0 FIELD PROCEDURES 2 3.0 RESULTS 3 3.1 Soil Conditions 3 3.2 Groundwater 3 3.3 Laboratory Tests 4 3.4 OSHA Soil Classification 4 4.0 DISCUSSION AND RECOMMENDATIONS 4 4.1 Proposed Construction 4 4.2 Discussion 5 4.3 Mass Grading Recommendations 5 4.4 Groundwater 7 4.5 Interior Slabs 7 4.6 Below Grade Walls 7 4.7 Exterior Slabs 8 4.8 Site Grading and Drainage 9 4.9 Utilities 9 5.0 CONSTRUCTION CONSIDERATIONS 9 5.1 Excavation 9 5.2 Observations 10 5.3 Backfill and Fills 10 5.4 Testing 10 5.5 Winter Construction 10 6.0 PROCEDURES 10 6.1 Soil Classification 10 6.2 Groundwater Observations 10 7.0 GENERAL 11 7.1 Subsurface Variations 11 7.2 Review of Design 11 7.3 Groundwater Fluctuations 11 7.4 Use of Report 11 7.5 Level of Care 12 Soil Boring Location Sketch & GPS Boring Locations, Figure 1 Soil Boring Logs SB-1 thru SB-2 Descriptive Terminology 1.0 INTRODUCTION 1.1 Project Description The City of New Hope is preparing to sell the property located at 3856 Maryland Avenue North in New Hope, Minnesota for the purpose of constructing a new single-family residence. The lot was vacant at the time of our exploration. 1.2 Purpose The City of New Hope retained Haugo GeoTechnical Services (HGTS) to perform a geotechnical exploration to evaluate the suitability of site soil and groundwater conditions to support a single-family home and provide recommendations for foundation design and construction. 1.3 Site Description The project site consists of a vacant lot located at the address 3856 Maryland Avenue in New Hope, Minnesota. The property was grass covered and contained some mature trees at the time of our exploration. The site topography slopes downward to the west towards Maryland Avenue with elevations at the soil borings ranging from 9081/2 to 910 feet above mean sea level (msl). 1.4 Scope of Services Our services were performed in accordance with the HGTS proposal 18-1078 dated November 1, 2018. Our scope of services was performed under the terms of our General Conditions and limited to the following tasks: • Complete two (2) standard penetration soil borings each extending to a nominal depth of 30 feet. • Seal the soil borings in accordance with Minnesota Department of Health requirements. • Obtain GPS coordinates and ground surface elevations at the boring locations. ■ Visually classify samples recovered from the soil borings. • Perform up to two (2) moisture content tests on selected samples. • Prepare soil boring logs describing the soil types/classifications and results of water level measurements. • Prepare an engineering report summarizing the current soil conditions and recommendations for foundation design and construction. 1.5 Documents Provided We were provided with two documents: ■ Drainage and Utility Easement, drawn by The Gregory Group, Inc. and was undated. ■ Trail Easement, drawn by The Gregory Group, Inc. and was undated. 1 Specific architectural, structural or civil engineering documents or drawings for the proposed residential development were not available at the time of this report. 1.6 Locations and Elevations The soil boring locations were selected by The City of New Hope. The approximate locations of the soil borings are shown on Figure 1, "Soil Boring Location Sketch," in the Appendix. The sketch was prepared by HGTS using the untitled survey drawing as a base. The ground surface elevations at the soil boring locations were obtained by HGTS using GPS measuring equipment. GPS measurements were based on the MN County Coordinate System (Hennepin County) in US Survey Feet using GEOID09 (Conus) model. The GPS coordinates are also included on Figure 1 in the Appendix. 2.0 FIELD PROCEDURES Two (2) standard penetration test borings were advanced on November 14, 2018 by HGTS with a rotary drilling rig, using continuous flight augers to advance the boreholes. Representative samples were obtained from the borings, using the split -barrel sampling procedures in general accordance with ASTM Specification D-1586. In the split -barrel sampling procedure, a 2-inch O.D. split -barrel spoon is driven into the ground with a 140- pound hammer falling 30 inches. The number of blows required to drive the sampling spoon the last 12 inches of an 18-inch penetration is recorded as the standard penetration resistance value, or "N" value. The results of the standard penetration tests are indicated on the boring log. The samples were sealed in containers and provided to the HGTS office for testing and soil classification. A field log of each boring was prepared by the HGTS drill crew. The logs contained visual classifications of the soil materials encountered during drilling, as well as the driller's interpretation of the subsurface conditions between samples and water observation notes. The final boring logs included with this report represent an interpretation of the field logs and include modifications based on visual/manual method observation of the samples. The soil boring logs, general terminology for soil description and identification, and classification of soils for engineering purposes are also included in the appendix. The soil boring logs identify and describe the materials encountered, the relative density or consistency based on the Standard Penetration resistance (N-value, "blows per foot") and groundwater observations. The strata changes were inferred from the changes in the samples and auger cuttings. The depths shown as changes between strata are only approximate. The changes are likely transitions, variations can occur beyond the location of the boring. 2 3.0 RESULTS 3.1 Soil Conditions The soil borings encountered about 1 foot of sandy lean clay topsoil that was dark brown to black in color and contained some roots. Below the topsoil, existing Fill was encountered which extended to a depth of about 7 feet below ground surface. The existing Fill consisted of sandy lean clay and silty clay that was brown, grey and black in color. Penetration resistance values (N-Values), shown as blows per foot (bpf) on the boring logs, within the existing Fill soils ranged from 2 to 8 bpf. These values indicate the Fill soils had a soft to medium consistency. The existing Fill was underlain by native alluvial silty clay and lean clay soils that extended to depths ranging from about 9 to 12 feet below ground surface. N-Values ranging from 3 to 4 bpf were recorded in the alluvial soils. These values indicate the alluvial clays had a soft to rather soft consistency. Below the alluvial clays, native glacial till soils consisting of sandy lean clay were encountered which extended to the termination depths of the borings. N-Values ranging from 6 to 17 bpf were recorded in the native clay till soils. These values indicate the clays had a medium to very stiff consistency. 3.2 Groundwater Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 8991/2 feet. Water levels are summarized below in Table 1. Table 1. Summ of Groundwater Levels Boring Surface Elevation Approximate Depth Approximate Number (feet) to Groundwater Groundwater Elevation (feet)* (feet) * SB-1 909.8 7 903 SB-2 908.7 9 8991/2 * = Depths and elevations were rounded to the nearest 1/2 foot. Groundwater levels were measured either while drilling or after sampling was completed. Water levels were measured on the dates as noted on the boring logs and the period of water level observations was relatively short. It should be noted that the borings were completed in clayey soil and given the cohesive nature of the soil it is likely that insufficient time was available for groundwater to seep into the boring(s) and rise to its hydrostatic level. Deeper borings in conjunction with groundwater monitoring wells or piezometers would be required to more accurately determine water levels. Seasonal and annual fluctuations in groundwater levels should be expected. 3 A pond located approximately 1,500 feet to the northwest of the project site has a water level of approximately 904 feet above mean sea level. 3.3 Laboratory Tests Laboratory moisture content tests were performed on selected samples recovered from the soil borings. Table 2 below summarizes the results of the laboratory tests. Results of the laboratory moisture content tests are shown on the boring logs adjacent to the sample tested. Table 2. Summary of Laboratory Tests Boring Number Sample Number Depth (feet) Moisture Content (%)� SB-1 S-3 71/2 23 SB-1 S-4 10 101/2 SB-2 S-15 10 211/2 SB-2 S-17 15 13 *Moisture Content tests were rounded to the nearest 1/2 percent 3.4 OSHA Soil Classification The soils encountered in the soil borings at the anticipated excavation depths consist of cohesive (clay) soils. The clay soils were composed silty clay, lean clay and sandy lean clay corresponding to the ASTM Classification of CL-ML and CL. The clay soils identified in the borings will generally be Type B soils under Department of Labor Occupational Safety and Health Administration (OSHA) guidelines. 4.0 DISCUSSION AND RECOMMENDATIONS 4.1 Proposed Construction Since the project site is relatively flat and level, we anticipate that the proposed home will likely have a "lookout" style or slab -on -grade foundation with one or two stories above grade. We anticipate below grade construction will consist of cast -in -place concrete or masonry block foundation walls supported on concrete spread footings. We anticipate above grade construction will consist of wood framing, a pitched roof and asphalt shingles. We anticipate the main floor to the home will bear at or near about elevation 910 feet above msl which is slightly above the existing ground. Based on the assumed construction we estimate wall loadings will range from about 1 to 2 kips (1,000 to 2,000 pounds) per lineal foot and column loads, if any, will be less than 50 kips (50,000 pounds). We have attempted to describe our understanding of the project. If the proposed loads exceed these values, the proposed grades differ by more than 2 feet from the assumed values, or if the design or location of the proposed building addition changes, we should be informed. Additional analyses and revised recommendations may be necessary. 4 4.2 Discussion The origin of the Fill identified in the borings is unknown. A brief review of historical aerial photographs available on-line from Google Earth appears to indicate that the site has been vacant dating back to the early 1990's. It is unknown if structure(s) existed on the property prior to that time. Although our borings did not encounter remnants of former structure(s), the Fill encountered in the borings suggests there is that potential. Remnants of former structure(s), if encountered, will need to be removed from within the proposed building, utility and oversize areas. The topsoil, existing Fill and soft clays are compressible and are not suitable for foundation or utility support and will need to be removed from below these areas and replaced with suitable compacted fill. Based on the soil borings we anticipate soil correction depths ranging from about 9 to 12 feet. In our opinion, the underlying stiffer glacial till soils are generally suitable for the construction of the proposed residential development. Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 899 1/2 feet above msl. Groundwater will likely be encountered during soil corrections and dewatering will likely be required. Since the borings were completed in clayey soils, sumps and pumps should be able to control the groundwater. The following sections provide recommendations for site development. 4.3 Mass Grading Recommendations Excavation We recommend that all vegetation, topsoil, existing Fill, soft clay soils or other unsuitable soils be removed from below the proposed building, utility and oversize areas. If encountered, we recommend that all remnants of any former structure(s) including footings, floor slabs, foundation walls and underground utilities be removed from within the proposed building, utility and oversize areas. Table 3 below summarizes the anticipated excavation depths at the soil boring locations. Excavation depths may vary and could be deeper. Table 3. Anticipated Excavation De the Boring Surface Anticipated Anticipated Approximate Number Elevation Excavation Excavation Groundwater (feet) Depth feet)* Elevation (feet)* Elevation (ft)* SB-1 909.8 9 901 903 SB-2 1 908.7 1 12 1 8961/z 8991/2 *Excavation depths and elevations were rounded to the nearest 1/2 foot. Oversizing In areas where the excavations extend below the proposed footing elevations, the excavation requires oversizing. We recommend the perimeter of the excavation be extended a foot outside the proposed footprint for every foot below footing grade (1H:1V oversizing). The purpose of the oversizing is to provide lateral support of the foundation. Fill Material Fill required to attain site grades may consist of any debris -free, non -organic mineral soil. The alluvial clay soils appeared to be above their assumed optimum soil moisture 5 content. If these soils will be reused as fill or backfill, they will need to be moisture conditioned (dried) to achieve the required compaction. Drying of these wet clay soils is best achieved during summer months. For ease in compaction granular soils (poorly graded sand or poorly graded sand with silt) meeting the ASTM Classification SP or SP-SM could be used as fill or backfill. Within 3 feet of the groundwater table we recommend the engineered fill soils consist of granular soil with less than 5 percent passing the number 200 sieve and at least 50 percent retained on the number 40 sieve. The Fill identified in the borings was mostly black in color and will not be suitable for reuse as structural fill or backfill. The topsoil and other soils that are black in color are likewise not suitable for re -use as fill or backfill. It may be possible to re -use these materials in "green areas" on the site such as landscaping berms. Backfilling We recommend that backfill placed to attain site grades be compacted to a minimum of 95 percent of its standard Proctor density (ASTM D 698), except the upper 3 feet of pavement areas, where the compaction level should be increased to a minimum of 100 percent. Granular fill classified as SP or SP-SM should be placed within 65 percent to 105 percent of its optimum moisture content as determined by the standard Proctor. Remaining fill soils should be placed within 3 percentage points above and 1 percentage point below its optimum moisture content as determined by the standard Proctor. All fill should be placed in thin lifts and be compacted with a large self-propelled vibratory compactor operating in vibratory mode. In areas where fill depths will exceed 10 feet we recommend that compaction levels be increased to a minimum of 98 percent of standard Proctor density. Even with the increased compaction levels a construction delay may be required to allow for post construction settlement of the fill mass. Fill and backfill placed on slopes, if any, must be "benched" into the underlying suitable soil to reduce the potential for slip planes to develop between the fill and underlying soil. We recommend "benching" or excavating into the slope at 5 foot vertical intervals to key the fill into the slope. We recommend each bench be a minimum of 10 feet wide. Foundations We recommend the perimeter footings bear a minimum of 42 inches below the exterior grade for frost protection. Interior footings may be placed immediately below the slab provided construction does not occur during below freezing weather conditions. Foundation elements in unheated areas should bear at least 5 feet below exterior grade for frost protection. We anticipate the foundations and floor slabs will bear on compacted engineered fill. With the building pads prepared as recommended it is our opinion the footings can be designed for a net allowable bearing pressure up to 2,000 pounds per square foot (psf). We anticipate total and differential settlement of the foundations will be less than 1 inch and 1/2 inch, respectively across an approximate 30-foot span. 4.4 Groundwater Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 8991/2 feet. With soil corrections anticipated to extend to depths ranging from about 9 to 12 feet below the ground surface, we anticipate groundwater will likely be encountered and dewatering will be required. Since the soils were clayey in composition (lean clay, silty clay and sandy lean clay) we anticipate water can be removed with sumps and pumps. In sand soils, if encountered, we do not recommend attempting to dewater from within the excavation. Upward seepage will loosen and disturb the excavation, resulting in a "quick condition." Rather, we recommend groundwater be drawn down (lowered) below the anticipated excavation bottom to a minimum of 2 feet below the lowest anticipated excavation elevation to allow for construction. We recommend that a dewatering contractor be consulted to review the soil boring logs, develop a dewatering plan and evaluate the impact of dewatering on adjacent structures. 4.5 Interior Slabs We anticipate the floor subgrade will consist of a relatively thin layer of granular fill (sand cushion) overlying compacted engineered fill following soil corrections. It is our opinion a modulus of subgrade reaction, k, of 150 pounds per square inch of deflection (psi) may be used for clay soils to design the floor. If floor coverings or coatings less permeable than the concrete slab will be used, we recommend that a vapor retarder or vapor barrier be placed immediately beneath the slab. Some contractors prefer to bury the vapor barrier or vapor retarder beneath a layer of sand to reduce curling and shrinkage, but this practice often traps water between the slab and vapor retarder or barrier. Regardless of where the vapor retarder or vapor barrier is placed, we recommend consulting the floor covering manufacturer regarding the appropriate type, use and installation of the vapor retarder or vapor barrier to preserve the warranty. We recommend following all state and local building codes in regard to a radon mitigation plan beneath interior slabs. 4.6 Below Grade Walls Foundation walls or below grade (basement) walls will have lateral loads from the surrounding soil transmitted to them. We recommend general waterproofing of the below grade walls even with the use of free -draining backfill because of the potential cost impacts related to seepage after construction. Unless a drainage composite is placed against the backs of the exterior perimeter below -grade walls we recommend that backfill placed within 2 feet of those wall consist of sand having less than 50 percent of the particles by weight passing the #40 sieve and less than 5 percent of the particles by weight passing the #200 sieve. We recommend the balance of the backfill for the walls consist of sand however the sand may contain up to 20 percent of the particles by weight passing the #200 sieve. 7 We recommend installing drain tile behind the below grade walls, adjacent to the wall footing and below the slab elevation. Preferably the drain tile should consist of perforated pipe embedded in gravel. A geotextile filter fabric should encase the pipe and gravel. The drain tile should be routed to a storm sewer, sump pump or other suitable disposal site. Active earth pressures can be used to design the below grade walls if the walls are allowed to rotate slightly. If wall rotation cannot be tolerated, then below grade wall design should be based on at -rest earth pressures. We recommend the following soil parameters be used for below grade/retaining wall design, shown in Table 4. These design parameters are based on the assumptions that the walls are drained, there are no surcharge loads within a horizontal distance equal to the height of the wall and the backfill is level. Table 4. Estimated Soil Parameters Estimated Estimated At -Rest Active Soil Passive Soil Soil Type Unit Weight Friction Angle Pressure Pressure Pressure c (degrees) c (cf) c Clay CL & CL-ML 135 28 70 50 400 Sand (Sp, SP-SM)120 32 55 35 390 Resistance to lateral earth pressures will be provided by passive resistance against the wall footings and by sliding resistance along the bottom of the wall footings. We recommend a sliding coefficient of 0.35. This value does not include a factor of safety. 4.7 Exterior Slabs Exterior slabs will likely be underlain by clayey soils which are considered moderately to highly frost susceptible. If these soils become saturated and freeze, frost heave may occur. This heave can be a nuisance in front of doors and at other critical grade areas. One way to help reduce the potential for heaving is to remove the frost -susceptible soils below the slabs down to bottom of footing grades and replace them with non -frost -susceptible backfill consisting of sand having less than 5 percent particles by weight passing the number 200 sieve. If this approach is used and the excavation bottoms terminate in non -free draining granular soil, we recommend a drain tile be installed along the bottom outer edges of the excavation to collect and remove any water that may accumulate within the sand. The bottom of the excavation should be graded away from the building. If the banks of the excavations to remove the frost -susceptible soils are not sloped, abrupt transitions between the frost susceptible and non -frost -susceptible backfill will exist along which unfavorable amounts of differential heaving may occur. Such transitions could exist between exterior slabs and sidewalks, between exterior slabs and pavements, and along the slabs themselves if the excavations are confined to only building entrances. To address this issue, we recommend sloping the excavations to remove frost -susceptible soils at a minimum 3:1 (horizontal: vertical) gradient. Another alternative for reducing frost heave is to support the slabs on frost depth footings. A void space of at least 4 inches should be provided between the slab and underlying soil to allow the soil to heave without affecting the slabs. 4.8 Site Grading and Drainage We recommend the site be graded to provide positive run-off away from the proposed buildings. We recommend landscaped areas be sloped a minimum of 6 inches within 10 feet of the building and slabs be sloped a minimum of 2 inches. In addition, we recommend downspouts with long splash blocks or extensions for each house. We recommend the lowest floor grades be constructed to maintain at least a 4-foot separation between the lowest floor slab and observed groundwater levels and at least a 2-foot separation between the lowest floor slab and 100-year flood levels of any adjacent surface water features such as lakes, wetlands, ponds or ditches. 4.9 Utilities We anticipate that the utilities will be supported on compacted engineered fill following soil corrections or native clayey soils. We recommend removing all topsoil, Fill, soft clays or other unsuitable soils, if encountered, beneath utilities prior to placement. We recommend bedding material be thoroughly compacted around the pipes. We recommend trench backfill above the pipes be compacted to a minimum of 95 percent beneath slabs and pavements, the exception being within 3 feet of the proposed pavement subgrade, where 100 percent of standard Proctor density is required. In landscape areas, we recommend a minimum compaction of 90 percent. We anticipate that groundwater will be encountered during utility installations and dewatering will likely be required. We anticipate that groundwater can be removed with sumps and pumps. 5.0 CONSTRUCTION CONSIDERATIONS 5.1 Excavation The soils encountered in the soil borings at the anticipated excavation depths consist of cohesive (clay) soils. The clay soils were composed silty clay, lean clay and sandy lean clay corresponding to the ASTM Classification of CL-ML and CL. The clay soils identified in the borings will generally be Type B soils under OSHA guidelines. Temporary excavations in Type B soils should be constructed at a minimum of 1 foot horizontal to every 1 foot vertical within excavations. Slopes constructed in this manner may still exhibit surface sloughing. If site constraints do not allow the construction of slopes with these dimensions, temporary shoring may be required. Z 5.2 Observations A geotechnical engineer should observe the excavation subgrade to evaluate if the subgrade soils are similar to those encountered in the borings and adequate to support the proposed construction. 5.3 Backfill and Fills Site soils that will be excavated and reused as backfill appear to above their assumed optimum soil moisture content and .may require moisture conditioning (drying) to achieve the recommended compaction. We recommend that fill and backfill be placed in lifts not exceeding 4 to 12 inches, depending on the size of the compactor and materials used. 5.4 Testing We recommend density tests of backfill and fills placed for the new home. Samples of the proposed materials should be submitted to our laboratory prior to placement for evaluation of their suitability and to determine their optimum moisture content and maximum dry density (Standard Proctor). 5.5 Winter Construction If site grading and construction is anticipated to proceed during cold weather, all snow and ice should be removed from cut and fill areas prior to additional grading and placement of fill. No fill should be placed on frozen soil and no frozen soil should be used as fill or backfill. Concrete delivered to the site should meet the temperature requirements of ASTM and/or ACI. Concrete should not be placed on frozen soil. Concrete should be protected from freezing until the necessary strength is obtained. Frost should not be permitted to penetrate below the footings. 6.0 PROCEDURES 6.1 Soil Classification The drill crew chief visually and manually classified the soils encountered in the borings in general accordance with ASTM D 2488, "Description and Identification of Soils (Visual - Manual Procedure)." Soil terminology notes are included in the Appendix. The samples were returned to our laboratory for review of the field classification by a soils engineer. Samples will be retained for a period of 30 days. 6.2 Groundwater Observations Immediately after taking the final samples in the bottom of the borings, the holes were checked for the presence of groundwater. Immediately after removing the augers from the borehole the holes were once again checked and the depth to water and cave-in depths were noted. 10 7.0 GENERAL 7.1 Subsurface Variations The analyses and recommendations presented in this report are based on data obtained from a limited number of soil borings. Variations can occur away from the borings, the nature of which may not become apparent until additional exploration work is completed, or construction is conducted. A reevaluation of the recommendations in this report should be made after performing on -site observations during construction to note the characteristics of any variations. The variations may result in additional foundation costs and it is suggested that a contingency be provided for this purpose. It is recommended that we be retained to perform the observation and testing program during construction to evaluate whether the design is as expected, if any design changes have affected the validity of our recommendations, and if our recommendations have been correctly interpreted and implemented in the designs, specifications and construction methods. This will allow correlation of the soil conditions encountered during construction to the soil borings and will provide continuity of professional responsibility. 7.2 Review of Design This report is based on the design of the proposed structure(s) as related to us for preparation of this report. It is recommended that we be retained to review the geotechnical aspects of the design and specifications. With the review we will evaluate whether any changes have affected the validity of the recommendations and whether our recommendations have been correctly interpreted and implemented in the design and specifications. 7.3 Groundwater Fluctuations We made water level measurements in the borings at the times and under the conditions stated on the boring logs. The data was interpreted in the text of this report. The period of observation was relatively short and fluctuations in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage, and other seasonal and annual factors not evident at the time the observations were made. Design drawings and specifications and construction planning should recognize the possibility of fluctuations. 7.4 Use of Report This report is for the exclusive use of The City of New Hope and their design team to use to design the proposed structure and prepare construction documents. In the absence of our written approval, we make no representation and assume no responsibility to other parties regarding this report. The data, analysis and recommendations may not be appropriate for other structures or purposes. We recommend that parties contemplating other structures or purposes contact us. 11 7.5 Level of Care Haugo GeoTechnical Services, LLC has used the degree of skill and care ordinarily exercised under similar circumstance by members of the profession currently practicing in this locality. No warranty expressed or implied is made. 12 G Uu�I�i LeEend Approximate Soil Boring Location W* S GPS Boring Locations Boring Number Elevation Northing Coordinate Easting Coordinate (US Survey Feet) SB-1 909.8 186038.916 503343.902 SB-2 908.7 186053.294 503303.956 Referencing Minnesota County Coordinates Basis — Hennepin County (GEOID09 Conus model) Haugo GeoTechnical Soil Boring Location Sketch Figure #: 1 Drawn B ALY y' Services, LLC Services, 2825 Cedar Avenue S. 2856 Maryland Avenue North Date: 11/18/18 Minneapolis, MN 55407 New Hope, Minnesota p ' Scale: None Project #: 18-1078 r0 Haugo GeoTechnical Services BORING NUMBER SB-1 Cedar Avenue PAGE 1 OF 1 Minn Jill Minneapolis, MN 55407 pggy Telephone: 612-729-2959 CLIENT City of New Hope _ PROJECT NAME 3856 Ma and Ave PROJECT NUMBER 18-1078 PROJECT LOCATION New Hope. MN DATE STARTED 11/14/18 COMPLETED 11/14/18 GROUND ELEVATION 909.8 ft HOLE SIZE 3 1/4 inches DRILLING CONTRACTOR HGTS _ _ _ GROUND WATER LEVELS: DRILLING METHOD Hollow Stem Auger/Split Snoon AT TIME OF DRILLING 7.00 ft / Elev 902.80 ft LOGGED BY -AY CHECKED BY JC AT END OF DRILLING --- Not Encountered NOTES Borehole grouted. _ AFTER DRILLING -- Not Encountered with Caye4n Depth of 6.feet w o z A SPT N VALUE = v > cn w Ov 20 40 60 80 a0 w¢ O MATERIAL DESCRIPTION m wa J p �z—j O Q Lu w PL MC LL o I cc9 � z m O Z Z Oz 20 40 60 80. U) x ElFINES CONTENT (%) ❑ 0 20 40 60 80 z' Sandy Lean Clay, trace Roots, dark brown to black, moist. AU (TapsaillFlLL) 1 ...... Sandy Lean Clay, trace Gravel, black, moist to wet. (FILL) SS 3-3-5 'a 2 (8) ... c� w '¢ Sandy Lean Clay, trace Gravel, brown to grey to black, moist to wet. 3 5 (FILL) SS 3-2-4 m - (CL-ML) Silty Clay, with Poorly Graded Sand, rust staining, grey, wet, 2(3)2 o Soft. (Alluvium) 4S 23 m (CL) Sandy Lean Clay, trace Gravel, brown to grey at 19 feet, moist to 10 wet, medium to very stiff. (Glacial Till) SS 2-3-3 10.5 SS 5-7-10 6 (1 . w 15 w SS 3-4-4 _ .... ... 7 (8) _ ... ... En 20 i3 SS 3-4-6 ...... ...... ............. .... 8 (10) m 0 5 25 SS 3-5-11 ............. ... 9 (16) o r H ... O m 30 SS 7-8-9 :.......:..............:...... 10 (17) a w Bottom of borehole at 31.0 feet. C9 HAIJ60 Haugo GeoTechnical Services BORING NUMBER SB-2 Cedar Avenue PAGE 1 OF 1 Minn Minneapolis, MN 55407 Telephone: 612-729-2959 CLIENT CitV of New Hope PROJECT NAME 3856 ManAand Ave PROJECT NUMBER-18-1078 PROJECT LOCATION New Hoe MN DATE STARTED 11/14/18 _ COMPLETED 11/14/18 GROUND ELEVATION 908.7 ft HOLE SIZE 3 1/4 inches DRILLING CONTRACTOR - HGTS GROUND WATER LEVELS: DRILLING METHOD Hollow Stem Au er/S lil 5 oon AT TIME OF DRILLING 9.00 ft / Elev 899.70 ft LOGGED BY AY CHECKED BY JC AT END OF DRILLING -- Not Encountered NOTES Borehole_ grouted. AFTER DRILLING --- Not Encountered with Cave -In Depth of 7 feet w o z A SPT N VALUE A _ 0 of >- cn w Ov � 20 40 6t7 80 ~^ a0 w ¢ O MATERIAL DESCRIPTION wm wo g c3 �z� 0 ¢ w^ w PL MC LL L o W o of z 0of m 0 Z 20 40 60 80 a � ❑ FINES CONTENT (%) ❑ 0 20 40 60 80 '-' Sandy Lean Clay, trace Roots, black, moist. (Topsoil/FILL) AU 11 Sandy Lean Clay, trace Gravel, trace Roots, trace rust staining, brown .............. to grey to Flack, wet. (FILL) :............. . :. . .. . SS 3-4-3 c� w 'a Silty Clay, black, wet. (FILL) 3 5 SS 2-1-1 --------------- 13 (2) W (CL) Lean Clay, trace Gravel, trace rust staining, mottled brown and SS 2-2-2 0 grey, wet, rather soft. (Alluvium) 14 (4) : ......:..... ............. .......... 10 w SS 1-2-2 ... .... '..... ... 21.5 a 15 (4) n ........... (CL) Sandy Lean Clay, trace Gravel, brown to grey at 19 feet, moist to SS 3-4-5 F wet, rather stiff to stiff. (Glacial Till) 16 (9) Y s11 .....................r....... 2 - E17 3-6-8 13 (14) ............ ... 1 m 20 SS 10-7-6 ... 0 N... 18 (13) ... .... ... m F j 25 SS 2 4-6 .... ... -.. D 19 (10) o.............. v J _ :t =F30 SS 3-5-8 --_ ......:.............,t.._.... 20 (13) Bottom at borehole at 31.0 feet. WEMN .� w SERVICES Descriptive Terminology of Soil Standard D 2487 - 00 Classification of Soils for Engineering Purposes (Unified Soil Classification System) Criteria for Assigning Group Symbols and Soils Ctassification Group Group Names Using Laboratory Tests a Symbol Group Name s . o Gravels Clean Gravels Cc >_ 4 and 1 < Cc < 3 GW Well -graded gravel" - a w c m More than 50°> of coarseefraction 5% or less fines C C <4and/or1 >C�>3c GP Poorly graded gravel d Gravels with Fines Fines classify as ML or MH GM Silty gravel ° F' m > retained on c v No.. 4 sieve More than 12% fines c Fines classify as CL or CH GC Clayey gravel d ep a N c Sands Clean Sands C. >_ 6 and 1 < C< : 3 c SW Well -graded sand n t �d -- 50 /, or more, of coarse fraction 5% or less fines I C < 6 and/or 1 > C�> 3 c SP Poorly graded sand ^ eo U o` Passes Sands with Fines Fines classify as ML or MH SM Silty sand e9 ^ E No. 4 sieve s More than 12% r Fines classify as CL or CH SC Cla a sand rilh eu �+ Silts and Clays Inorganic PI > 7 and plots on or above "A' line I CL Lean cl RY PI < 4 or plots below'A" liner MIL Silt h I m c a) m Liquid limit v.2 less than 50 Organic LiquidFirnit - oven dried < 0.75 OL Organic clay"' " n m o Li uid limit - nol dded OL Organic silt k I m c a `o cw � E Sifts and clays Inorganic PI plots on or above "A" line CH Fat clayk I M PI plots below "A- line MH Elastic sit k c o z0 Liquid limit 0 50 or more Organic Liquid limit- oven dried OH Organic clay k I m P < 0.75 Liquid limit - not dried ON Organic silt k I m q Highly Organic Soils I Primarily organic matter, dark in color and organic odor PT Peat a Based on the material passing the 3-in (75mm) sieve- b. If field sample contained cobbles or boulders. or both. add 'with cobbles or boulders or both' to group name. c. C,, = 0,/o.6 C�=tow? 0, x D., d iFsoii[UltBVtsz159+"sand,add-welhSand"logroupname _ e Grave[swdh 5 to 12%fines requce dual symbols: GW-GM well -graded gravel with silt GW-GC well -graded gravel with clay GP -GM poorly graded gravel wkh sit GP -GC poorly graded gravel with'Flay I. If fines cUmsdy as CL-ML, use dual symbol GC -GM or sC-sM g . If fnos aru organic, edd'wtnt organic fines' logroup name. h. 1r *oil contains 2 159E gravel. add 'with graver to group name. I. SmxlswiU75to12%fir rerrequireduelsymbofc: S W-SM well -graded sand with silt SW -SC well-gfxdded sand Wth day _ SF-SM poorly graded sand with sill SP-SC poorly graded sand with clay j. If Alterberg limits plot h hatched was. soil is.a CL.Mt- silly clay. k Ifsolcontak*10t025%piknNo. 200,edd-wvlhyxd or'4h9wv0'VfNdWrerispredominant I. If soPtwtamii!30%phis No- 200. predor kwillysi'rA add"smW to group name M. IF gal co WZt30%plusNo.200predorrviantlygr".add-gravelly'togroupname n. PI '! 4 and plots on or above "A- fine. o. PI <4 or plots below'A' fine p. PI plots on or above'A' line. q. PI plots below 'A" lime 60 50 a 40 x d 30 y 20 to a 10 7 4 0 0 • • • of • � G • • o< •' G�' MH Ir OH - MIL or OL cLti L 10 16 20 30 40 50 60 70 80 90 100 110 Liquid Limit (LL) Laboratory Tests DD Dry density, pcf OC Organic content. % WD Wet density. pcf S Percent of saturation, % MC Natural moisture content. % SG Speck gravity LL Ligiuid limit % C Cohesion, psf PL Plastic Ilmit. % 0 Angle of internal friction PI Plasticity index, c/ qu Unconfined compressive strength. psf P200 % passing 200 sieve qp Pocket penetrometer strength, tsf Particle Size Identification Boulders .............................. over 12" Cobbles ............................. 3" to 12" Gravel Coarse ................_...........3/4'to3- Fine ............. .............. No. 4 to 314" Sand Coarse ......... .................. No. 4 to No. 10 Medium ........................... No. 10 to No. 40 Fine ............. .................. " No. 40 to No. 200 Sill ....................... ..... .......... <No 200. PI<4 or below "A' line Clay .......... ...... ... ............ ... No. 200, Pla4 and on or above "A" line Relative Density of Cohesionless Soils Very loose ........... ............ ...... 0 to 4 BPF Loose ........ -.............................. 5 to 10 BPF Medium dense ......................... 11 to 30 BPF Dense ...................................... 31 to 50 BPF Very dense ............................... over 50 BPF Consistency of Cohesive Soils Very soft ....................... ........... 0 to BPF Soft ..................................... 2 10 3 BPF Rathersott .............................. 4 to 5 BPF Medium .................................. 6 to 8 BPF Ratherstiff ............................... 9 to 12 BPF Stiff ...... ........... __................. 13 to 16 BPF Very stiff .................................. 17 to 30 BPF Hard ................................. . over 30 BPF Drilling Notes Standard penetration test borings were advanced by 3 1/4" or 6 1/4' ID hollow -stem augers unless noted otherwise, Jetting water was used to dean out auger prior to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix 'ST' (Split Tube). All samples were taken with the standard 2" OD split -tube sampler, except where noted. Power auger borings were advanced by 4" or 6" diameter continuous - flight, solid -stem augers. Soil classifications and strata depths were In- ferred from disturbed samples augeredto the surface and are, therefore, somewhat approximate. Power auger borings are designated by the prefix'B." Hand auger borings were advanced manually with a 1 1/2' or 3 114" diameter augerand were limited to the depth from which the augereould be manually withdrawn. Hand auger borings are Indicated by theprefut BPF: Numbers indicate blows per foot recorded in standard penetration test, also known as "N" value. The sampler was set 6" into undisturbed soil belowthe hollow -stem auger_ Driving resistances were then counted for second and third 6' increments and added to get BPF. Where they differed significantfy, they are reported in the follow lnq form: 2112 for the second and third 6" increments, respectively. WH: WH indicates the sampler penetrated soil under weight of hammer and rods alone; driving not required. WR: WR indicates the sampler penetrated soil under weight of rods alone; hammer weight and driving not required. TIN indicates thin -walled (undisturbed) tube sample. Note: All tests were run in general accordance with applicable ASTM standards. Rev 7107 Chir ich Aaron From: Long, Chris (St. Paul) <Chris.Long@stantec.com> Sent: Thursday, December 13, 2018 1:53 PM To: Chirpich Aaron Subject: 3856 Maryland - Additional Excavation & Fill Estimate (Building & Garage) Aaron, As requested, please see the tables below in regards to the estimated costs for the additional excavation and fill that may be required with the 3856 Maryland Avenue home. Assumptions: • Additional 2' excavation and fill for the building basement, and 10' additional excavation for the garage — based upon attached geotechnical report and anticipated excavation depth of 9'-12' as shown in Table 3 of the report. • The total 50'x50' building footprint was oversized to 55'x55' to account for lateral foundation support (1 H:1 V oversizing) Garage Footprint (oversized: 27'x30') 810.00 Volume (CF) -10' depth 1,620.00 Volume (CY) -10' depth 60.00 Item Quantity Unit Unit Price Estimated Cost Dewatering 1.00 LS $500.00 $500.00 Common Excavation 300.00 CY $16.00 $4,800.00 Granular Fill 594.00 TN $14.00 $8,316.00 Total Estimated Cost $13,616.00 Building Footprint (oversized: 28'x25') 980.00 Volume (CF) - 2' depth 1,960.00 Volume (CY) - 2' depth 72.59 Unit Estimated Item Quantity Unit Price Cost Dewatering 1.00 LS $500.00 $500.00 Common Excavation 72.59 CY $16.00 $1,161.48 Granular Fill 143.73 E TN $14.00 $2,012.27 Total Estimated Cost I 1 $3,673.75 Total Estimated Costs - Garage & Building Basement $17,289.75 Let me know if you have any questions or need additional information. Thanks Chris Long Associate Direct: 651 604-4808 Mobile: 651 492-7747 Chris.Long@stantec.com Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Thu content of INS email is the conGdenliai properly of Staruec and anould not be copied, modified, retransmitted, or used for any purpose except with Stanteds written authorization. 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DIA6IRAM r"� FIRE BLOGKIIN61 DIA6gRAM ai F 166 R FR� . dh donn homes r�MtT » MI4nF� MW WOPE MFLL dT�6kW A-Y'! IV 4. _,I bdil Fiyx, Y MEADOWOOD 52 Plana - Datalls 1 scA� . NOM -- —. ...,_.— viva A2.0 AILS AND NOTES 2 1 FND DETAILS 131 �u.E . LOWER FLOOR PLAN "F 6 PDF—Wdw pd —q Pin vml w,l,, Mp ,S agQy-reg WALL IBRA 11 PDF... V n donna homes Kxr� ran rx,Er fHil19WIN allkr vA]Me i f i I F i i fdW—VAYt%%WrGl DAM Ids W-ADOWOOD 52 Plarw - Pctalls _ RKAfT5 REVFD r �• S1r.6 _ _ 7A4.o 2 'ZiCAL-e , va" - T` UPPER FLCOR PL-A algid wKh pol ..,y Pro hhl..I.. y�vrry, {17�gorvmm is S � F n T E7niF'ad^`�iY:i"` r+ter i f IIIIIAii; �� le - PDF created wAh ptlFaclary Pro hhl version—Wffedorv.cmo 11POFce Request for Action March 11, 2019 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 the sale of the scattered site lot located at 3856 Maryland Avenue North (improvement project no.1024). Requested Action This is a public hearing, and after receiving public comments, staff is requesting that the Economic Development Authority (EDA) approve the attached resolution approving the sale of the EDA-owned property located at 3856 Maryland 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 Request for Proposals (RFPs) to more than 20 builders marketing the lot located at 3856 Maryland Avenue. The non-negotiable minimum lot sales price was set at $58,000, and builders were offered the chance to submit a higher offer to make their proposal more competitive. The minimum lot sales price for this lot is lower in comparison to other lots recently sold by the EDA, as the price was adjusted downward to account for the required soil corrections at this location. These soil corrections, and the subsequent lower price, were discussed in detail at the January 22, 2019 Work Session meeting. For more information regarding soil corrections, please refer to the previously distributed packet for that Work Session. The EDA received proposals for the development of 3856 Maryland Avenue from the following two builders: • Novak -Fleck, Inc. • Donnay Homes Staff reviewed the proposals with the city manager. Upon review, staff found it difficult to distinguish a superior proposal. Therefore, staff would like to review the characteristics and attributes of both proposals with the EDA and select a preferred builder following deliberations at the public hearing. The primary attributes for both proposals are listed below. Donnay Homes Overview • Two-story home design • Above -average curb appeal • High -end trim package for the cabinets, flooring, doors, and fixtures • Granite kitchen counter tops • Five bedrooms • Main -floor fireplace • Tray ceilings in master bedroom • Master suite with walk-in closet I:\RFA\COMMDEV\2019\EDA\3-11-19\RFA-Sale of Lot at 3856 Maryland 3-11-19.docx Request for Action, Page 2 • Master bath is equipped with separate tile shower and soaker tub ■ Three -car garage ■ Two full baths, one 3/4 bath, and one 1/2 bath (4 total) ■ 3,201 finished square feet including a finished basement • Typical exterior finishes, vinyl siding with cultured stone accents • 10' X 10' Concrete patio in rear of home • Land offer = $60,000 • Anticipated sales price = $395,000 Novak -Fleck Overview • Two-story home design • Above -average curb appeal • High-level trim package for cabinets, flooring, doors, and fixtures ■ Granite kitchen counter tops ■ Main -floor fireplace ■ Four bedrooms • Three -car garage • One full bath, two 3/4 baths, and one 1/z bath (4 total) • Master suite with walk-in closet • Full tile master shower • 2,805 finished square feet including a finished basement • Typical exterior finishes, vinyl siding with cultured stone accents • Land offer = $63,000 • The home is pre -sold to a prospective buyer ■ Anticipated sales price = $394,000 Experience with Builders Novak -Fleck is a moderate -sized home builder based out of Brooklyn Park, and the EDA has sold five lots to them over the past five years. The lots purchased by the builder have been located at 6059 West Broadway Avenue, 5431 Virginia Avenue, 9115 62nd Avenue, 9121 62nd Avenue, and 4511 Boone Avenue. Overall, staff has been impressed by the quality of work completed by Novak -Fleck, and the builder has always delivered what they propose. The plan submitted by Novak -Fleck is the same plan that was built at 4511 Boone Avenue. The EDA has not sold a scattered site lot to Donnay Homes. However, the builder is a well-known locally - owned company that has experience building high -end custom homes throughout the region. Donnay is currently most active in the cities of Shakopee, Edina, Shorewood, Plymouth, and Burnsville. The builder reported the construction and sale of 27 custom homes in 2018. Development Agreement and Next Steps Staff has worked with the city attorney 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. Once the agreement is fully executed, staff anticipates that the closing of the lot sale will take place by the end of April. Construction of the home will begin once weather permits. Request for Action, Page 3 Recommendation Staff recommends that the EDA review the submitted proposals and select a preferred builder for the lot located at 3856 Maryland Avenue North. Approval of the attached resolution will allow staff to move forward with executing a purchase and redevelopment agreement with the selected builder. Attachments Resolution ■ Public Hearing Notice • Proposals • RFP for Lot Sale + Minutes from the January 22, 2019 Work Session meeting CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 19- 01 RESOLUTION APPROVING SALE OF THE SCATTERED SITE LOT LOCATED AT 3856 MARYLAND AVENUE NORTH (IMPROVEMENT PROJECT NO. 1024) 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 vacant parcel of real property located at 3856 Maryland Avenue North, New Hope, MN, and legally described as Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, MN (the "Property") on September 5, 2018, with the intention of selling the Property 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 EDA received an offer from Donnav Homes , Inc. a Minnesota corporation ("") regarding the sale and redevelopment of the Property; and WHEREAS, the EDA arrived at an agreement with Donnay Homes _ , to sell the Property for the purchase price of $ 60,000 upon all of the terms set forth in the RFP; and WHEREAS, it is in the best interest of the EDA to sell the Property to Donnay Homes for the sum of $ 60,000 , in order for 4onnay 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 to execute a purchase and redevelopment agreement with Donnay Homes , for 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 Donnay Homes , for the purchase price of $ 60,000 , with other terms and conditions to be set forth in a purchase and redevelopment agreement to be drafted by the City Attorney, 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 Donnay 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 11 th day of March, 2019. Kathi Hem resident Attest: 1 Kirin WDonald, Executive Director P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11427 Purchase 3856 Maryland Ave N from Crystal\Resolution Approving Sale of 3856 Maryland Avenue North.docx ACM Publishers, Inc. -Public Notice Ad Proof - This is the proof of your ad scheduled to run on the dates indicated below. Please proof, read carefully if changes are needed, please contact us prior to deadline at Cambridge (763) 691-6000 or email at publicnotice@ecm-inc.com Date: 02/20/19 Account#: 412484 Customer: CITY OF NEW HOPE Address: 4401 XYLON AVE N NEW HOPE Telephone: (763) 531-5117 Fax: Ad ID: 909458 Copy Line: PHN Sale of 3856 Maryland Ave PO Number: Start: 02/28/19 Stop: 02/28/2019 Total Cost: $65.45 # of Lines: 48 Total Depth: 5.333 # of Inserts: 1 Ad Class: 150 Phone # (763) 691-6000 Email: publicnotice@ecm-inc.com Rep No: SE700 Contract -Gross SP Robb/Crystal/NewHope/Go1dV Ad Proof Enlarged CITY OF NEW HOPE, MINNESOTA NOTICE OF PUBLIC HEARING SALE OF NEW HOPE EDA OWNED LAND 3856 MARYLAND 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 11, 2019, at 7 p.m. to hold a public hearing for the sale of New Hope EDA owned land located at 3856 Maryland Avenue North, legally described as follows: Lot 9, Block 4, Gwynnco 2nd Addition, Hennepin County, Min- nesota PID # 17-118-21-31-0071 The New Hope EDA will deter- mine at the public hearing if the sale of 3856 Maryland Avenue North is advisable. Such persons as desire to be heard with reference to the proposed sale will be heard at this meeting. This notice is giv- en pursuant to Minnesota Statute 469.105. The terms and conditions of the sale, and further information can be reviewed at the Informa- tion 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 22, 2019 Valerie Leone City Clerk Published in the Sun Post February 28, 2019 909458 This lot is being offered at a minimum base price of $58,0.00. The EDA will consider higher offers for the lot. However, submitting a higher offer will not guarantee selection of your proposal. 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 $1 _ ($58,000 minimum), and build a new single-family 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 $2,000 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: �-10 meg State License Number-, Telephone: �17 (P 3 - 5 3 1 - In)`'t E-nnai] 7 d►�YZGI�/�'l �Y1C�,� _ Address: CityJStateJ2 �� 5 53 Signature:Date: Print Name and Proposals are due by 12:00 Noon on February 15th 2019 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 achirpich@newhopemn.gov Proposals may be submitted by hand delivery, U.S. Mail, Fax or e-mail d-h Wm(" a 0 Ego 9655 63' Ave N, Maple Grove, MN 55369 BC#593848 763-531-0714 www.donnayhoi-nes.com www.traditionsbydonnay.com About Us: Donnay Homes is a locally owned premier townhome and single family homebuilder that has delighted new homeowners with our quality and craftsmanship. In fact, many families who build their first home with us come back for their second and third. It's a great testament to our standards for service. Our business philosophy is one that began with our family many years ago, we give you 'More home for your money'. Our custom building division, Traditions by Donnay had built over 70 in fill home in Edina and Minneapolis. The majority had old homes that needed to be demolished. The majority of these homes sold for a million plus. Experience: We have been one of the Top 20 Builders in Minnesota for decades, building over 10,000 homes in Minnesota. Craftsmanship: Long-standing partnerships with trusted subcontractors and recognized leaders in the building products industry have helped Donnay Homes maintain a reputation for consistency, timely delivery, and customer satisfaction. The fine craftsmanship and attention to detail we've experienced with their impressive teams ensures that every one of our homes is built to perfection! Quality: Whether you choose one of our signature designs or a one -of -a -kind custom style, you can be assured of the finest quality and professionalism. Doimay's experienced staff will work with you every step of the way to maintain our high standards of quality and to make your home-building experience exciting and memorable. More Home For Your Money! That's what we promise and deliver new homeowners each and every day. Ati 16700 591h Ave N, Plymouth Sold 10/05/18 for $673,000. Now Open in Plymouth, Homes from the 500's Exclusive single family living just minutes from downtown. Contact: Paul Donnay: 612-919-4085 i 1309 Meadow Crt, Shakopee Sold for $420,000. Now Open, Prairie Meadows in Shakopee. Single Family Home Packages starting in the $300's Call Thomas Moriarty at (612) 217-4663 for details R. - 77 `. A r�r 5717 Ayrshire Blvd, Edina Demolished/Rebuilt and Sold for $2,063,000. Licensing: Single Family License #BC593848 Townhomes License #BC593849 NAT-29767-2 MEMBER OF 0 BAM BUILDERS AS50CIATION OF THE TWIN CITIES •� _ BBB. Member of the BBB with an A+ rating since the 1980's. Don nay Homes, I nc. 9655 — 631 Avenue North, Maple Grove, Minnesota 55369 Builder #594838, #594839 February 12, 2019 Re: 3856 Maryland Ave North, New Hope, MN. Enclosed please find our submittal for the Infill Project at the above address. ■ Site Plan • Landscape Plan ■ Building Plans • Standard Feature Sheet e Flooring Specifications • Energy Efficiency Documentation House Details: • Living Area Above Ground = 2,747sft • Gross Finished Space = 3,201 sft ■ See Standard Features Sheet for Finish Details. • See attached Flooring Specs Also included below in this document are images of a similar home. r � f This is an Example of another version of the proposed This is a similar Home under construction along with a few showing the Color Scheme and Exterior Finishes other of our homes. These are all in the $400k - $500k range. _10A I' View of the Study 1 .. Y ,rqw ram, r View of the Kitchen, through the Dinette Ir , k� View of the Great Room from the Kitchen f.1 View of the Kitchen from the Family Room 1 View of the Kitchen View of the Front Entry and Stairway -LAC L � View of the Master Bedroom View of the upstairs Laundry Room View of a secondary Bedroom Homes sold in 2018 3925 W 49th St Edina 26985 Edgewood Rd Shorewood 1317 Meadow Crt Shakopee 3927 W 49th St Edina 1337 Meadow Lane Shakopee 5732 Drew Ave S Edina 5910 Everest Ln N Plymouth 1349 Meadow Lane Shakopee 16805 59th Ave Plymouth 361 Stonewood PI Burnsville 5717 Chowen Ave S Edina 1300 Meadow Crt Shakopee 365 Stonewood PI Burnsville 5717 Ayrshire Blvd Edina 1341 Meadow Lane Shakopee 1353 Meadow Lane Shakopee 16825 59th Ave Plymouth 1333 Meadow Lane Shakopee 5637 Beard Ave Edina 337 Stonewood PI Burnsville 5875 Fountain Lane Plymouth 1321 Meadow Crt Shakopee 16700 59th Ave N Plymouth 353 Stonewood PI Burnsville 349 Stonewood PI Burnsville 16815 59th Ave Plymouth 1338 Meadow Lane Shakopee T► Dv Is s pr Na�� Serving the 1Win Cities for over years. INTERIG • Stainless Steel appliance package - $2,500 Value • 50-gallon hot-water heater • Chrome designer faucet • PEX water lines, insulated • Plumbing hookups for washing machine • Bath fans in all Baths • Soak Tub in master bath (per plan) • Foundation drain -tile system (per plan) • 150 amp electrical service • Choice of 220 wiring or gas hook-up for range • Smoke and Carbon Monoxide detectors (per state code) • Oversize Base and Casing Interior trim • Poplar newel post and railings • Birch raised panel custom cabinets • Choice of style — `Masonite' white doors • Professionally finished trim and cabinets • Granite center island • Laminated kitchen countertops in choice of colors • Cultured marble bathroom Vanity top and sink • Shower doors and vanity mirrors • Choice of carpeting and vinyl colors - $21/yd allowance • Choice of light fixtures • Luxury Vinyl Tile Bath floor • Ceramic bath and shower surround in owner suite • Laminate Entry & Kitchen floor, incl. Dinette • Door chime • Three phone jLtcks • Three cable TV jacks • Passive radon system • Central Air Conditioning 1YI MIrylYE. Nil TO I.K I1I.IvEM'L • Member of the Better Business Bureau since 1974 & Twin City Builders Association • In-house architectural department to custom design your Donnay Home • On -staff decorator • Representative to assist with your selections STANDARD FEATURES WITH EVERY DONNA Y HOME • Professional interior cleaning before closing • Homeowners warranty 1/2/10 years EXTERIOR • Maintenance free vinyl siding & aluminum soffit / fascia • Vinyl shakes (per plan) • Front window grids (per plan) • Choice of Elevation Stonework (per plan) • Poured wall foundation, Insulated per code • Waterproofed foundation • Three -car garage, l6wide asphalt driveway at Street • 2 exterior lawn faucets • Front door sidelite (per plan) • City sewer and water, All underground utilities • 2 weatherproof electrical outlets • 6' sliding patio door, 10' x 10' concrete patio • Choice of exterior colors • Concrete steps and sidewalks • Energy engineered roof trusses • House wrap • Drain tile system around foundation • Finish graded lot {ENERGY ETTICl�l�CY All Donnay homes meet or exceed State of Minnesota energy requirements • 6-inch exterior walls • Fiberglass insulation with interior poly vapor barrier • Metal insulated, fiont entry door • 92% energy -efficient furnace, 13SEER A/C • Total wall R-value of 21 • Total ceiling R-value of 49 • Energy efficient, white, vinyl windows —low E, smart R • Raised -panel steel insulated garage door • Whole house ventilation system Buyer Date Donnay Representative , Date e home for the money 2 763-531-0714 • www.donnayhomes.com More == dannay hamFs 13 Specifica lions subject to change without notice MN LICENSE #F593948 alRrr!• YlEvr� AQ!•OOe! 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MADOW00D 52 4 I m .� o ALL RIGHiS RW.RV 61ta Plan HE El �,p Lj.O d vzn 1 SCALE Va- - 11 Oe SITE PLAN a PDF creeled xiN edlFectory Pm Ir®I vaMon wwx.odHedorv.can dh don+em rhomes �s raR rarer rwn vww a.a..xn a 1 , i t ` i , ti i r �o Q t r , l I 4 ' tT— S�w�.tO-�7 C��6�y��+ Cu+F I EWp��iyM'S'i�jf'Pi�+��,.AMLIn ,AC 9. Ob* Y. �••'•+� Zrd it , NOW w �. MADOWOOD 52 oar ALL RYaI-ITS RlRV®� Landacapa Plan ,c. ~L2.O OF SITE PLAN This lot is being offered at a minimum base price of $58,000. The EDA will consider higher offers for the lot. However, submitting a higher offer will not guarantee selection of your proposal. 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 $ ('Ca 0() ($58,000 minimum), and build a new single-family 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 $2,000 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: NO1 f1-,— FLeL K 'XtAL State License Number:v'(If'u 01 3 Telephone: -7 ^ 4 2." — 42 IS S E-mai ohnwijPno 1/a.L U.C. a Address. , `} C A Vtj ty/State/Zip: f2f GU VALJ rl4 � Date: Print Name and Title: Proposals are due by 12:00 Noon on February 15th 2019 Submit this proposal form and required attachments to: Aaron Chirpich City of New Hope I ommunity Development Specialist 4401 Xylon Ave N I New Hope, MN 55428 Office: 763-531-5114 1 Fax: 763-531-5136 achirpich@iiewhopemii.gov Proposals may be submitted by hand delivery, U.S. Mail, Fax or e-mail c Wh To: Member of the Economic Development Authority and City Council From: Novak -Fleck Incorporated Members of the EDA and City Council, Thank you for considering our proposal for our Fairfield model home for your home site on 3856 Maryland Ave North in New Hope. We have built numerous homes with the City of New Hope and we feel that we have had a great working relationship with the City over the last five years. We have also worked with many other communities in the area including Crystal, Robbinsdale, Coon Rapids, and Fridley over the last 20 years with the EDA and HRA programs. The plan we are submitting is the same home we built with the EDA for the lot on 4511 Boone Ave N. in New Hope with a few more upgrades and more finished square footage. We feel this home will fit great in the existing neighborhood and hopefully exceed the expectations and requirements of the EDA. Novak -Fleck Builders have been in Business for 40 years. They have been a member of the Better Business Bureau for the last 22 years and have a record of building quality homes both in the starter home range and also the upper end market. We currently have a great family ready to buy this home, their names are Dan and Christina Pfingsten. They have had numerous conversations with Aaron Chirpich and love the lot that is available on Maryland. I received this from Dan and Christina and they asked if I would pass this on to the Council... We are a family of 5 (2 kids and a dog). We have two daughters, ages 12 and 9.Our older daughter goes to Plymouth Middle School and the younger one goes to Robbinsdale Spanish Immersion. We have lived the majority of the last 20 years in New Hope, moved briefly to Plymouth, where we owned a home there, and are hoping to move back to New Hope! 1 work in Robbinsdale as a Dental Hygienist and my husband works in I.T. in Minnetonka. We have loved living in New Hope. It is the perfect location for building our new home, since it's convenient to our work places, is close to our girls' schools, and has a pool, parks, community theater and shopping close byl We hope you'll allow us the opportunity to build on Maryland Avenue! Thankyou! Novak -Fleck Homes Overview + Two -Story home design ■ Above average curb appeal High level trim package for cabinets, flooring, doors and fixtures 4 bedrooms ® 4 Baths ... 1 upper level full bath, private 3/ master, % basement, and main level %2 bath + Master suite with mud curb walk-in shower and walk in closets • Oversized three -car garage + 2805 finished square feet • Above average exterior finishes with stone pillars and additional stone on garages and accent boards around windows and doors + Land offer $63,000 PROPOSED SALE PRICE $393,985.00 m _u i nl ell iurriu��rirenriur=.- II, I M ililll11 .R. %A -. r IPI-P) ;-A M PSILD-ON U2R. 51ZC-5 Imo'• 2-Ul0 HMM 6'66% 24 D/4'A V2' TIHNMTRA►m 4%4W- 24 5/45dl Va' TIMDMTRAIV W1!D W G14anym 1 \ 'I � l 8 1 -- UTILITY Ma ly DRAINAGE EASEMENT.- `ILI I }� 20-W c I o I , •q , C7 , HOUSE LAYOUT FOR NOVAK - FLECK, INC. ty� U 6�e 0 30 60 90 GRAPHIC SCALE IN FEET LOT 9- BLOCK 4 GWYNNCO SECOND ADDITION HENNEPIN COUNTY, MN Address., 3856 Maryland Avenue N., New Hope, MN I 10 1 U=- LOT BOUNDARY IS SHOWN ACCORDING TO RECORD PLAT ' OF GWYNNCO SECOND ADDITION. NO FIELD VERIFICATION OF LOT i BOUNDARY WAS PERFORMED FOR THIS LAYOUT. EASEMENTS ARE SHOWN ACCORDING TO THE PLAT AND INFORMATION PROVIDED I; , -: �• _ BY CLIENT. ADDITIONAL EASEMENTS AND/OR ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN HEREON. LLLEGEN PROPOSED ELEVATIONS EMS7ING GROUND ELEVA770N TOP OF FOUNDATION - PROPOSED GROUND ELEVA ROV GARAGE FLOOR ELEV, - OlRECRON OF DRAWAGE LOWEST FLOOR ELEV. - N:Urk �gn��A�+,fnpx Nn„� �wp,n�Vlwl+:a1 RMArg New Hope Build Fairfield 2-Story Base price (2019) lot $63,000.00 Permit $4,775.00 SAC Charge from city $2,485.00 winter fees $3,000.00 Soil Correction per bid $17,290.00 upgraded kitchen faucet 7 led lights in kitchen/living room upgraded LED lights in stairway wire for a ceiling fan in master AC fireplace 42" uppers deadbolts (2) upgraded Iron railings upgraded 36" tub on upper level LED light and switch in upgraded master shower garage door hardware garage door opener outlet above fireplace upgraded window inserts in the garage doors add 4 garage outlets recycle bins upgraded large crown molding in kitchen upgraded 963 newel) post upgraded handrail to basement upgraded satin nickel fixtures upgraded knockdown ceilings Finished staircase and lower level 780 sq ft increase garage by 40 sq ft mud curb base for the walk-in shower allowance $1,200.00 gutter allowance $1,000.00 granite allowance $5,000.00 wood flooring and carpet upgrade allowance $7,000.00 $4100 appliance allowance $1,400.00 Landscaping allowance $4,500.00 Tree removal allowance $1,000.00 Irrigation system allowance $3,000.00 1,900 Lighting allowance $950.00 City of New Hope Sales Price $393,985.00 Upgrades above standard included in the new home 2/13/2019 11:06 AM C:\Users\djjan\Desktop\ 1 of 2 Novak -Fleck Inc. 8857 Zealand Ave N. Brooklyn Center, MN 55445 Proposal Specifications 3856 Maryland Avenue N. New Hope ***Same home as built on 4511 Boone Ave N., just a bit more upgraded Novak -Fleck's Fairfield Model 4 Bedroom, 4 Bath 2805 finished square feet, oversized 3-car garage Main level 959 finished square feet Upper level 1066 finished square feet Basement level 780 finished square feet Date:2/14/19 Specifications and plans to be built. All work and materials to meet applicable building codes Land 1. Soil Correction .... 17,290.00 included. We also had this bid and the number is good. Structural 1. Poured wall foundations 2. Nine foot tall ceilings on the main floor 3. Eight foot tall ceilings on the upper level 4. Eight foot ceilings on the bedroom levels S. Watchdog waterproofing system with 2" exterior foundations insulation 6. Drain tile with radon vented and sump pump 7. 2 x 6 framed exterior walls 8. 2 x 4 framed exterior garage walls 9. Roof trusses and floor trusses 10. '/:" OSB exterior wall sheathing 11. W tongue and groove OSB sub floor 12. Upgraded architectural roof shingles 13. Fiberglass insulation in framed exterior house walls and attic 14. Closed cell spray foam rims 15. Foam exterior foundation walls 16. Exterior house wrap 17. Lo-E Vinylite vinyl windows 18. Lo-E Vinylite patio door 19. Vinyl Siding 20. Gutters 21. Aluminum soffit, fascia 22. LP trim boards on the front per plan 23. 16'x8' and a 9'x8' Raised panel steel overhead garage door 24. Exterior stone per plan Floor Coverings 1. Wood Flooring in the kitchen, dining room, and upper hallway 2. Ceramic tile floors in upper level bathrooms 3. Upgraded carpet in the balance of the bedrooms, stairs, family room and living room Plumbing 1. Stainless steel sink 2. Bath fixtures to be white 3. Brushed nickel faucets 4. Fiberglass tub shower surrounds in both the upper hall bath 5. Fiberglass tub shower surround in the master bath 6. 50 gallon electric water heater 7. 1 basement floor drain 8. Lower level bath rough -in, in the basement 9. Two exterior water taps 10. Water supply box for the kitchen refrigerator 11. Irrigation system Heating 1. 90%+ efficient direct vent furnace or equal 2. Central air conditioning 3. Air exchanger 4. Install ducting for dryer venting to the outside 5. Vented in bath Electric 1. 150 Amp electric service 2. Smoke detectors, CO2 per code 3. Wire house to code, outlet spacing to code 4. Two exterior outlets S. Sealed outlet boxes for the exterior electrical 6. Low voltage package allowance 7. 5 LED lights (similar to recessed cans), locations to be selected Appliances 1. Appliances package includes stainless steel refrigerator, microwave, dishwasher, and electric stove. A laundry room washer and dryer package are also included. Cabinets, Countertops, Doors and Trim 1. Upgraded 42" uppers with large crown molding and poplar shaker style cabinets 2. Cultured marble vanity tops in the bathrooms 3. Stained poplar 1x4 headers and sills casing 4. Stained 3-3/4" poplar base S. 3 panel painted interior doors 6. Brushed nickel hinges and hardware 7. Brushed nickel levered door knobs 8. Upgraded Newel post and rail from main floor up to first landing 9. Granite or Quartz included in kitchen Allowances 1. Appliances $4,100 2. Light Fixtures $1,700 3. Flooring allowances $7,000 4. Walk-in shower floor base allowance (for the mud -curb) $1,200 5. Granite or Quartz allowance $5,000 6. Landscaping/irrigation allowance $7,500 7. Tree Removal $1,000 8. Gutters $1,000 Miscellaneous 1. Paint includes entire home with two layers of Essential Grey, Sherwin Williams flat paint, ceilings painted white 2. Generous 7,500 allowance for landscaping to include Mulch and edging around the house and sod front sides and rear as required by the city, irrigation and 2 rear yard trees and 2 front yard trees Upgrades are on the attached breakdown and include the following: 1. Fireplace 2. Soaking tub in upper level bath 3. Walk-in ceramic tile shower in master (1,200 allowance for mud curb base) 4. Upgraded faucets in kitchen and baths 5. LED lighting added in kitchen, Living room, and master shower 6. Upgraded garage doors with glass inserts 7. Upgraded Iron railings 8. Upgrade to knockdown ceilings 9. Oversized 3 car garage 10. Granite/quartz at buyers' discretion in kitchen (5000 allowance) 11. Ceiling fan in master bedroom 12. Wood flooring in kitchen dining rooms (7000 allowance) 13. Finished staircase and completely finished lower level 14. Upgraded kitchen cabinetry with large crown molding and 42" upper shaker style cabinets 15. Upgraded stone exterior with stone pillars and additional stone on garage 16. Generous allowances for flooring, lighting, appliances, granite and landscaping *****See attached breakdown list for additional allowances and upgrades included in this home. PACKAGE PRICE: $393,985.00 The City of New Hope Economic Development Authority (EDA) is requesting proposals from builders to purchase the vacant lot located at 3856 Maryland 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. 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 15th 2019. 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@newhopenui.gov Thank you for your interest! Regards, 4-A.e44OL14t�k Aaron Chirpich Community Development Specialist l General Notes: Only complete proposals will be considered. The City retains absolute discretion in deciding whether to accept any particular proposal. 1. On behalf of the city, Haugo Geotechnical Services has completed two soil borings on the site. The borings completed by Haugo terminated at a depth of 30 feet. Haugo has determined that there are unstable soils ranging in depth from 9 to 12 feet across the buildable area of the lot. To correct the issue, the poor soils will have to be removed. The city's engineer has estimated that the cost of this corrective measure is just over $17,000. Due to the presence of poor soils, the sale price of the lot has been adjusted to reflect the need for soil corrections. The city has assumed a value of $75,000 for the lot if no soil corrections were required. Therefore, the minimum base price has been set at $58,000. Given the price reduction, the EDA accepts no further liability for any costs associated with soil corrections on the property. The full geotechnical report and engineer's estimate are attached to this RFP for your review. 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 two years. Full details regarding the legal language of this requirement are available upon request. 4. The city considers this parcel to be one of the higher valued properties within the Scattered Site Program. Therefore, the city would like to see a two-story home placed on the site, as the two-story homes built in the program have commanded the highest prices when compared to other home styles such as split -entry. 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, the selected builder 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. 6. Construction of the new house must be completed within one year of closing on the purchase of the lot. 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 west side of the property. Please see the attached as -built drawing to identify the water stub location. d) Municipal sanitary sewer is available into the lot on the west side of the property. Please see the attached as -built drawing to identify the sewer stub location. The builder/buyer of this lot will be responsible for the payment of the Sewer Availability Charge or SAC fee, as the lot has never been developed. The SAC fee is $2,485. 2. Trail There is a newly created 20 foot wide trail easement running along the northern border of the site. This easement has been designated to accommodate the construction of a permanent bituminous trail that will be built in the spring of 2019. The purpose of the trail is to maintain a connection between Lions Park in New Hope and Kentucky Park in Crystal. Please see the attached easement sketch to reference the trail location. 3. 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 at least 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. e) The driveway for the new home must be fully paved from the street to the garage. f�l 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 or drainage and utility easement. g) Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stone accents 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. 4. Landscaping a) 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 seed 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 tree 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. 5. Setbacks Front Yard Rear Yard Interior Side Yard Attached Garage Interior Side Yard House 25 feet 25 feet 5 feet 10 feet SHE Specifications: 6. 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 be capable of completing the house within one year of closing on the purchase of the lot. 7. 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). 8. Attachments Provided by City • Location map • Aerial photo with lot dimensions + Utility as -built drawings • Trail easement sketch • Drainage and utility easements • Prohibited tree list • Geotechnical report and soil boring logs • Engineer's estimate for soil correction costs This lot is being offered at a minimum base price of $58,000. The EDA will consider higher offers for the lot. However, submitting a higher offer will not guarantee selection of your proposal. 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 $ ($58,000 minimum), and build a new single-family 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 $2,000 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: Date: Print Name and Title: Proposals are due by 12:00 Noon on February 15th 2019 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 achirpidi@newhopemn.gov Proposals may be submitted by hand delivery, U.S. Mail, Fax or e-mail w t E 1 Co tt? 4 141t.- jIL Ar dplpk i n- 7=10 9 41 cJ �%6 RmUCER WE. N. a = ALOUISIANA AVE. N. Q - � el • I e 2 Go 60 �' ; °� ,© 2N0 p00%S%0N tia ADDITION 'a is s �• .. •ro , � _ � - ,.� .�:° � _e 1. MR,' it •eml) 345E 75 ■sv� G GWYNNG C.70.Z� ZND ADDITION ' 1 I 901.6 907 r !.. .—j.. -- -• .8 90k a 9°SA 905 9 - I � — v • l � LCIUISIANA AVENUE SF',O ly ND �C)O tDDIl Ij —qeQ EXH113TT INVOICE NO. 8s SCALE r = 217 r r eLfd fbr t muma ! L !J rJ J ! r� rl r� N r C7 r !rr !r !r to IZD PROPERTY DESCRIPITON: Lot 9, Block 4, Gwymco Second Additicm, HemlVe m County, Nfumesota TRAIL EASEMENT DESC3iIF' ON: Easrmmt farpublic taail pm?oaes over the Nathedy 20 fact of Lot 9, Block 4, Gwym tm Second AdditiaS Rcm=pw County. Mmnesord �e {near [�eoop. fua- o,. LOT SURVEYS COMPANY modiwLAND WkVEYOHS 535638vl BDL CR225-461 TT INVOICE NO.EXM880$3 SCALE. 1' 20' NOME45T COMPR OF LOT 9, BACK 4, GWYNAW 2ND ADDIAON . i w w 59' �r 1 D rainweeFnlemeJr!` `\ 7- Ica i 1 IS , � \ 1 t } \ 1 0\ PRCMERTY DESCRI MOM Lot 9, Block4, Gwym m Second Addiboo, 33 C—Ay, llrara-OtL DRAINAGE AND UTUffY EASEMERr bt R['Ri ON: )esemczd for utility and drainage p rposes over, under and across tW part of LoL 9, B3ock 4, Owyanca Second Addition, Heaaegm COUM, hfiMWWt& Being dexabed as the EWtetty 1S feet, fhe Soulhmly 5 fwt the Westerly 10 fett Thee Nortbedy 20 fwt and that put ofWd Lot 9 iyio Norffie ty of the following dperI-ed lire_ Coma eudug at the northeast comes of tdd Lat 9; timer SadhedY W)oag Me Fzsbniy line of said Lot 9 a df%U= of 39.51 feet to the paird of 6cpnneg of said loose; thenee Westerly to a poid on the rafth=ly line of ssid Lot 9 dist mM 89.19 fret Southwesterly from stu d nortbcast cm= and said Lme there urazinatiog. Thec,MVIYGMV.6ru, LOT SURDS COM&W I.ANDSMVSYORS 1 7M'IDa,�IRCil MAwY orb Mb � fasxa 535637vl BDL CR225-461 City of New Hope Forestry Department 5500 International Pkwy • New Hope MN 55428 • Phone: 763-592-6777 • Fax: 763-592-6776 • ci.new-hope.mn.us Prohibited Tree List Trees provide value from an environmental and property value standpoint. They aid in reducing storm water runoff, soil erosion, and water pollution. Other environmental benefits include the improvement of air quality and conservation of energy. Trees have also been shown to increase property values and can help beautify neighborhoods. Tree Preservation Policy The city of New Hope has a Tree Preservation Policy in place, intended to protect and preserve trees when development takes place. The policy applies to commercial, industrial, multiple family, and institutional land use development projects. The city's Tree Preservation Policy requires that significant,, preferred trees be replaced at 1 inch to 0.5 inch ratio. The ratio refers to the diameter of the tree in inches (rounding up) and the total number of diameter inches required for replacement. A Significant Tree is considered a healthy tree measuring a minimum of six inches in diameter measured five (5) feet above the existing, natural grade surrounding the tree for deciduous trees for deciduous trees, or a minimum of twelve feet in height for coniferous trees. A Preferred Tree is considered any tree that does not appear on the city's Prohibited Tree list, as shown below. Prohibited Trees The city's Prohibited Tree list includes the following species: • Amur Maple • Black Locust • Boxelder ■ Ginko (female only) • Green, White, or Black Ash (fraxinus species) ■ Mulberry • Non -disease resistant elm species • Nonhybrid cottonwood species • Russian Olive Buckthorn • Siberian or Chinese Elm Boulevard Tree Replacement Policy The city of New Hope has also adopted a policy to help homeowners to replace boulevard trees that have been lost to storms, disease, or other causes. The city has a preferred tree list to address tree selection considerations including hardiness, mature size, salt tolerance, pest and disease resistance, rooting habits, maintenance requirements, and soil compatibility. For more information, call 763-592-6763. G:\CommDev\Informational Forms for CD and Public\Originals\Prohibited Tree List.docx (07-15) GO November 30, 2018 Mr. Aaron Chirpich City of New Hope 4401 Xylon Avenue North New Hope, Minnesota55428 HGTS Project Number:18-1078 Re: Geotechnical Exploration Report, Proposed Single Family Residence, 3856 Maryland Avenue North, New Hope, Minnesota Dear Mr. Chirpich: We have completed the geotechnical exploration report for the proposed single-family residence at 3856 Maryland Avenue in New Hope, Minnesota. The purpose of this geotechnical exploration was to characterize subsurface soil and ground water conditions and provide recommendations for foundation design and construction. Two (2) standard penetration test soil borings were advanced on the project site that extended to a depth of 20 feet below ground surface. In general, the soil borings encountered about 1 foot of topsoil underlain by existing Fill which extended to a depth of about 7 feet below ground surface. The existing Fill was underlain by soft native alluvial clay soils that extended to depths ranging from about 9 to 12 feet below ground surface. Below the soft clays, native glacial till clay soils were encountered which extended to the termination depths of the soil borings. The topsoil, existing Fill and soft clay soils encountered are not suitable for foundation support and will need to be removed and replaced with suitable compacted fill. In our opinion, the underlying stiffer glacial till soils are generally suitable for the construction of the proposed residence and detached garage. Groundwater was encountered in the soil borings at depths ranging from about 7 to 9 feet below the ground surface while drilling and sampling. These depths correspond to elevations ranging from about 900 to 903 feet above mean sea level. Groundwater will likely be encountered during deeper soil corrections and dewatering will likely be required. Specific details regarding our procedures, results and recommendations follow in the attached geotechnical exploration report. Thank you for the opportunity to assist you on this project. If you have any questions or need additional information, please contact John Carlson at 612 979-3542 or Ashley Yellick at 612-391-6173. Sincerely, Haugo GeoTechnical Services, LLC Ashley L. Yellick, G.I.T. Staff Geologist �Jw bvjl� John T. Carlson, P.E. Senior Engineer GEOTECHNICAL EXPLORATION REPORT PROJECT: Proposed Single Family Residence 3856 Maryland Avenue North New Hope, Minnesota 55427 PREPARED FOR: City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 PREPARED BY: Haugo GeoTechnical Services, LLC 2825 Cedar Avenue South Minneapolis, Minnesota 55407 Haugo GeoTechnical Services Project:18-1078 November 30, 2018 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. John T. Carlson, P.E. Senior Engineer License Number: 20663 Expires June 2020 Table of Contents 1.0 INTRODUCTION 1 1.1 Project Description 1 1.2 Purpose 1 1.3 Site Description 1 1.4 Scope of Services 1 1.5 Documents Provided 1 1.6 Locations, and Elevations 2 2.0 FIELD PROCEDURES 2 3.0 RESULTS 3 3.1 Soil Conditions 3 3.2 Groundwater 3 3.3 Laboratory Tests 4 3.4 OSHA Soil Classification 4 4.0 DISCUSSION AND RECOMMENDATIONS 4 4.1 Proposed Construction 4 4.2 Discussion 5 4.3 Mass Grading Recommendations 5 4.4 Groundwater 7 4.5 Interior Slabs 7 4.6 Below Grade Walls 7 4.7 Exterior Slabs 8 4.8 Site Grading and Drainage 9 4.9 Utilities 9 5.0 CONSTRUCTION CONSIDERATIONS 9 5.1 Excavation 9 5.2 Observations 10 5.3 Backfill and Fills 10 5.4 Testing 10 5.5 Winter Construction 10 6.0 PROCEDURES 10 6.1 Soil Classification 10 6.2 Groundwater Observations 10 7.0 GENERAL 11 7.1 Subsurface Variations 11 7.2 Review of Design 11 7.3 Groundwater Fluctuations 11 7.4 Use of Report 11 7.5 Level of Care 12 Soil Boring Location Sketch & GPS Boring Locations, Figure 1 Soil Boring Logs SB-1 thru SB-2 Descriptive Terminology 1.0 INTRODUCTION 1.1 Project Description The City of New Hope is preparing to sell the property located at 3856 Maryland Avenue North in New Hope, Minnesota for the purpose of constructing a new single-family residence. The lot was vacant at the time of our exploration. 1.2 Purpose The City of New Hope retained Haugo GeoTechnical Services (HGTS) to perform a geotechnical exploration to evaluate the suitability of site soil and groundwater conditions to support a single-family home and provide recommendations for foundation design and construction. 1.3 Site Description The project site consists of a vacant lot located at the address 3856 Maryland Avenue in New Hope, Minnesota. The property was grass covered and contained some mature trees at the time of our exploration. The site topography slopes downward to the west towards Maryland Avenue with elevations at the soil borings ranging from 9081/2 to 910 feet above mean sea level (msl). 1.4 Scope of Services Our services were performed in accordance with the HGTS proposal 18-1078 dated November 1, 2018. Our scope of services was performed under the terms of our General Conditions and limited to the following tasks: • Complete two (2) standard penetration soil borings each extending to a nominal depth of 30 feet. • Seal the soil borings in accordance with Minnesota Department of Health requirements. • Obtain GPS coordinates and ground surface elevations at the boring locations. • Visually classify samples recovered from the soil borings. • Perform up to two (2) moisture content tests on selected samples. • Prepare soil boring logs describing the soil types/classifications and results of water level measurements. Prepare an engineering report summarizing the current soil conditions and recommendations for foundation design and construction. 1.5 Documents Provided We were provided with two documents: • Drainage and Utility Easement, drawn by The Gregory Group, Inc. and was undated. • Trail Easement, drawn by The Gregory Group, Inc. and was undated. 1 Specific architectural, structural or civil engineering documents or drawings for the proposed residential development were not available at the time of this report. 1.6 Locations and Elevations The soil boring locations were selected by The City of New Hope. The approximate locations of the soil borings are shown on Figure 1, "Soil Boring Location Sketch," in the Appendix. The sketch was prepared by HGTS using the untitled survey drawing as a base. The ground surface elevations at the soil boring locations were obtained by HGTS using GPS measuring equipment. GPS measurements were based on the MN County Coordinate System (Hennepin County) in US Survey Feet using GEOID09 (Conus) model. The GPS coordinates are also included on Figure 1 in the Appendix. 2.0 FIELD PROCEDURES Two (2) standard penetration test borings were advanced on November 14, 2018 by HGTS with a rotary drilling rig, using continuous flight augers to advance the boreholes. Representative samples were obtained from the borings, using the split -barrel sampling procedures in general accordance with ASTM Specification D-1586. In the split -barrel sampling procedure, a 2-inch O.D. split -barrel spoon is driven into the ground with a 140- pound hammer falling 30 inches. The number of blows required to drive the sampling spoon the last 12 inches of an 18-inch penetration is recorded as the standard penetration resistance value, or "N" value. The results of the standard penetration tests are indicated on the boring log. The samples were sealed in containers and provided to the HGTS office for testing and soil classification. A field log of each boring was prepared by the HGTS drill crew. The logs contained visual classifications of the soil materials encountered during drilling, as well as the driller's interpretation of the subsurface conditions between samples and water observation notes. The final boring logs included with this report represent an interpretation of the field logs and include modifications based on visual/manual method observation of the samples. The soil boring logs, general terminology for soil description and identification, and classification of soils for engineering purposes are also included in the appendix. The soil boring logs identify and describe the materials encountered, the relative density or consistency based on the Standard Penetration resistance (N-value, "blows per foot") and groundwater observations. The strata changes were inferred from the changes in the samples and auger cuttings. The depths shown as changes between strata are only approximate. The changes are likely transitions, variations can occur beyond the location of the boring. 0 3.0 RESULTS 3.1 Soil Conditions The soil borings encountered about 1 foot of sandy lean clay topsoil that was dark brown to black in color and contained some roots. Below the topsoil, existing Fill was encountered which extended to a depth of about 7 feet below ground surface. The existing Fill consisted of sandy lean clay and silty clay that was brown, grey and black in color. Penetration resistance values (N-Values), shown as blows per foot (bpf) on the boring logs, within the existing Fill soils ranged from 2 to 8 bpf. These values indicate the Fill soils had a soft to medium consistency. The existing Fill was underlain by native alluvial silty clay and lean clay soils that extended to depths ranging from about 9 to 12 feet below ground surface. N-Values ranging from 3 to 4 bpf were recorded in the alluvial soils. These values indicate the alluvial clays had a soft to rather soft consistency. Below the alluvial clays, native glacial till soils consisting of sandy lean clay were encountered which extended to the termination depths of the borings. N-Values ranging from 6 to 17 bpf were recorded in the native clay till soils. These values indicate the clays had a medium to very stiff consistency. 3.2 Groundwater Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 8991/2 feet. Water levels are summarized below in Table 1. Table 1. Summary of Groundwater Levels Approximate Depth Approximate Boring Surface Elevation to Groundwater Groundwater Elevation Number (feet) (feet)' (feet) SB-1 909.8 7 903 SB-2 1 908.7 9 1 8991/2 11 * = Depths and elevations were rounded to the nearest 1/2 foot. Groundwater levels were measured either while drilling or after sampling was completed. Water levels were measured on the dates as noted on the boring logs and the period of water level observations was relatively short. It should be noted that the borings were completed in clayey soil and given the cohesive nature of the soil it is likely that insufficient time was available for groundwater to seep into the boring(s) and rise to its hydrostatic level. Deeper borings in conjunction with groundwater monitoring wells or piezometers would be required to more accurately determine water levels. Seasonal and annual fluctuations in groundwater levels should be expected. 3 A pond located approximately 1,500 feet to the northwest of the project site has a water level of approximately 904 feet above mean sea level. 3.3 Laboratory Tests Laboratory moisture content tests were performed on selected samples recovered from the soil borings. Table 2 below summarizes the results of the laboratory tests. Results of the laboratory moisture content tests are shown on the boring logs adjacent to the sample tested. Table 2 Svmmary of Laboratory Tests Boring Number Sample Number Depth (feet) Moisture Content (%)* SB-1 S-3 71/2 23 SB-1 S-4 10 101/2 SB-2 S-15 10 211/2 SB-2 S-17 15 13 *Moisture Content tests were rounded to the nearest'/z percent 3.4 OSHA Soil Classification The soils encountered in the soil borings at the anticipated excavation depths consist of cohesive (clay) soils. The clay soils were composed silty clay, lean clay and sandy lean clay corresponding to the ASTM Classification of CL-ML and CL. The clay soils identified in the borings will generally be Type B soils under Department of Labor Occupational Safety and Health Administration (OSHA) guidelines. 4.0 DISCUSSION AND RECOMMENDATIONS 4.1 Proposed Construction Since the project site is relatively flat and level, we anticipate that the proposed home will likely have a "lookout" style or slab -on -grade foundation with one or two stories above grade. We anticipate below grade construction will consist of cast -in -place concrete or masonry block foundation walls supported on concrete spread footings. We anticipate above grade construction will consist of wood framing, a pitched roof and asphalt shingles. We anticipate the main floor to the home will bear at or near about elevation 910 feet above msl which is slightly above the existing ground. Based on the assumed construction we estimate wall loadings will range from about 1 to 2 kips (1,000 to 2,000 pounds) per lineal foot and column loads, if any, will be less than 50 kips (50,000 pounds). We have attempted to describe our understanding of the project. If the proposed loads exceed these values, the proposed grades differ by more than 2 feet from the assumed values, or if the design or location of the proposed building addition changes, we should be informed. Additional analyses and revised recommendations may be necessary. 4 4.2 Discussion The origin of the Fill identified in the borings is unknown. A brief review of historical aerial photographs available on-line from Google Earth appears to indicate that the site has been vacant dating back to the early 1990's. It is unknown if structure(s) existed on the property prior to that time. Although our borings did not encounter remnants of former structure(s), the Fill encountered in the borings suggests there is that potential. Remnants of former structure(s), if encountered, will need to be removed from within the proposed building, utility and oversize areas. The topsoil, existing Fill and soft clays are compressible and are not suitable for foundation or utility support and will need to be removed from below these areas and replaced with suitable compacted fill. Based on the soil borings we anticipate soil correction depths ranging from about 9 to 12 feet. In our opinion, the underlying stiffer glacial till soils are generally suitable for the construction of the proposed residential development. Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 899 1/2 feet above msl. Groundwater will likely be encountered during soil corrections and dewatering will likely be required. Since the borings were completed in clayey soils, sumps and pumps should be able to control the groundwater. The following sections provide recommendations for site development. 4.3 Mass Grading Recommendations Excavation We recommend that all vegetation, topsoil, existing Fill, soft clay soils or other unsuitable soils be removed from below the proposed building, utility and oversize areas. If encountered, we recommend that all remnants of any former structure(s) including footings, floor slabs, foundation walls and underground utilities be removed from within the proposed building, utility and oversize areas. Table 3 below summarizes the anticipated excavation depths at the soil boring locations. Excavation depths may vary and could be deeper. Table 3. Anticipated Excavation Depths Surface ;Anticipated Anticipated Approximate Boring Elevation Excavation Excavation Groundwater Number (feet) Depth (feet)* Elevation (feet)* Elevation (ft)* SB-1 909.8 9 901 903 SB-2 908.7 12 8961/2 8991/2 *Excavation depths and elevations were rounded to the nearest 1/2 foot. Oversizing In areas where the excavations extend below the proposed footing elevations, the excavation requires oversizing. We recommend the perimeter of the excavation be extended a foot outside the proposed footprint for every foot below footing grade (1H:1V oversizing). The purpose of the oversizing is to provide lateral support of the foundation. Fill Material Fill required to attain site grades may consist of any debris -free, non -organic mineral soil. The alluvial clay soils appeared to be above their assumed optimum soil moisture 5 content. If these soils will be reused as fill or backfill, they will need to be moisture conditioned (dried) to achieve the required compaction. Drying of these wet clay soils is best achieved during summer months. For ease in compaction granular soils (poorly graded sand or poorly graded sand with silt) meeting the ASTM Classification SP or SP-SM could be used as fill or backfill. Within 3 feet of the groundwater table we recommend the engineered fill soils consist of granular soil with less than 5 percent passing the number 200 sieve and at least 50 percent retained on the number 40 sieve. The Fill identified in the borings was mostly black in color and will not be suitable for reuse as structural fill or backfill. The topsoil and other soils that are black in color are likewise not suitable for re -use as fill or backfill. It may be possible to re -use these materials in "green areas" on the site such as landscaping berms. Sackfilling We recommend that backfill placed to attain site grades be compacted to a minimum of 95 percent of its standard Proctor density (ASTM D 698), except the upper 3 feet of pavement areas, where the compaction level should be increased to a minimum of 100 percent. Granular fill classified as SP or SP-SM should be placed within 65 percent to 105 percent of its optimum moisture content as determined by the standard Proctor. Remaining fill soils should be placed within 3 percentage points above and 1 percentage point below its optimum moisture content as determined by the standard Proctor. All fill should be placed in thin lifts and be compacted with a large self-propelled vibratory compactor operating in vibratory mode. In areas where fill depths will exceed 10 feet we recommend that compaction levels be increased to a minimum of 98 percent of standard Proctor density. Even with the increased compaction levels a construction delay may be required to allow for post construction settlement of the fill mass. Fill and backfill placed on slopes, if any, must be "benched" into the underlying suitable soil to reduce the potential for slip planes to develop between the fill and underlying soil. We recommend "benching" or excavating into the slope at 5 foot vertical intervals to key the fill into the slope. We recommend each bench be a minimum of 10 feet wide. Foundations We recommend the perimeter footings bear a minimum of 42 inches below the exterior grade for frost protection. Interior footings may be placed immediately below the slab provided construction does not occur during below freezing weather conditions. Foundation elements in unheated areas should bear at least 5 feet below exterior grade for frost protection. We anticipate the foundations and floor slabs will bear on compacted engineered fill. With the building pads prepared as recommended it is our opinion the footings can be designed for a net allowable bearing pressure up to 2,000 pounds per square foot (psf). We anticipate total and differential settlement of the foundations will be less than 1 inch and 1/2 inch, respectively across an approximate 30-foot span. 4.4 Groundwater Groundwater was encountered in the soil borings while drilling and sampling at depths ranging from about 7 to 9 feet below the ground surface. These depths correspond to elevations ranging from about 903 to 8991/2 feet. With soil corrections anticipated to extend to depths ranging from about 9 to 12 feet below the ground surface, we anticipate groundwater will likely be encountered and dewatering will be required. Since the soils were clayey in composition (lean clay, silty clay and sandy lean clay) we anticipate water can be removed with sumps and pumps. In sand soils, if encountered, we do not recommend attempting to dewater from within the excavation. Upward seepage will loosen and disturb the excavation, resulting in a "quick condition." Rather, we recommend groundwater be drawn down (lowered) below the anticipated excavation bottom to a minimum of 2 feet below the lowest anticipated excavation elevation to allow for construction. We recommend that a dewatering contractor be consulted to review the soil boring logs, develop a dewatering plan and evaluate the impact of dewatering on adjacent structures. 4.5 Interior Slabs We anticipate the floor subgrade will consist of a relatively thin layer of granular fill (sand cushion) overlying compacted engineered fill following soil corrections. It is our opinion a modulus of subgrade reaction, k, of 150 pounds per square inch of deflection (psi) may be used for clay soils to design the floor. If floor coverings or coatings less permeable than the concrete slab will be used, we recommend that a vapor retarder or vapor barrier be placed immediately beneath the slab. Some contractors prefer to bury the vapor barrier or vapor retarder beneath a layer of sand to reduce curling and shrinkage, but this practice often traps water between the slab and vapor retarder or barrier. Regardless of where the vapor retarder or vapor barrier is placed, we recommend consulting the floor covering manufacturer regarding the appropriate type, use and installation of the vapor retarder or vapor barrier to preserve the warranty. We recommend following all state and local building codes in regard to a radon mitigation plan beneath interior slabs. 4.6 Below Grade Walls Foundation walls or below grade (basement) walls will have lateral loads from the surrounding soil transmitted to them. We recommend general waterproofing of the below grade walls even with the use of free -draining backfill because of the potential cost impacts related to seepage after construction. Unless a drainage composite is placed against the backs of the exterior perimeter below -grade walls we recommend that backfill placed within 2 feet of those wall consist of sand having less than 50 percent of the particles by weight passing the #40 sieve and less than 5 percent of the particles by weight passing the #200 sieve. We recommend the balance of the backfill for the walls consist of sand however the sand may contain up to 20 percent of the particles by weight passing the #200 sieve. 7 We recommend installing drain tile behind the below grade walls, adjacent to the wall footing and below the slab elevation. Preferably the drain tile should consist of perforated pipe embedded in gravel. A geotextile filter fabric should encase the pipe and gravel. The drain tile should be routed to a storm sewer, sump pump or other suitable disposal site. Active earth pressures can be used to design the below grade walls if the walls are allowed to rotate slightly. If wall rotation cannot be tolerated, then below grade wall design should be based on at -rest earth pressures. We recommend the following soil parameters be used for below grade/retaining wall design, shown in Table 4. These design parameters are based on the assumptions that the walls are drained, there are no surcharge loads within a horizontal distance equal to the height of the wall and the backfill is level. Table 4. Estimated Soil Parameters Estimated Estimated At -Rest Active Soil Passive Soil Soil Type Unit Weight Friction Angle Pressure Pressure Pressure cf) (degrees) (cf) (cf) ( c Clay 135 28 70 50 400 (CL & CL-ML) Sand 120 32 55 35 390 (SP, SP-SM) Resistance to lateral earth pressures will be provided by passive resistance against the wall footings and by sliding resistance along the bottom of the wall footings. We recommend a sliding coefficient of 0.35. This value does not include a factor of safety. 4.7 Exterior Slabs Exterior slabs will likely be underlain by clayey soils which are considered moderately to highly frost susceptible. If these soils become saturated and freeze, frost heave may occur. This heave can be a nuisance in front of doors and at other critical grade areas. One way to help reduce the potential for heaving is to remove the frost -susceptible soils below the slabs down to bottom of footing grades and replace them with non -frost -susceptible backfill consisting of sand having less than 5 percent particles by weight passing the number 200 sieve. If this approach is used and the excavation bottoms terminate in non -free draining granular soil, we recommend a drain tile be installed along the bottom outer edges of the excavation to collect and remove any water that may accumulate within the sand. The bottom of the excavation should be graded away from the building. If the banks of the excavations to remove the frost -susceptible soils are not sloped, abrupt transitions between the frost susceptible and non -frost -susceptible backfill will exist along which unfavorable amounts of differential heaving may occur. Such transitions could exist between exterior slabs and sidewalks, between exterior slabs and pavements, and along the slabs themselves if the excavations are confined to only building entrances. To address this issue, we recommend sloping the excavations to remove frost -susceptible soils at a minimum 3:1 (horizontal: vertical) gradient. Another alternative for reducing frost heave is to support the slabs on frost depth footings. A void space of at least 4 inches should be provided between the slab and underlying soil to allow the soil to heave without affecting the slabs. 4.8 Site Grading and Drainage We recommend the site be graded to provide positive run-off away from the proposed buildings. We recommend landscaped areas be sloped a minimum of 6 inches within 10 feet of the building and slabs be sloped a minimum of 2 inches. In addition, we recommend downspouts with long splash blocks or extensions for each house. We recommend the lowest floor grades be constructed to maintain at least a 4-foot separation between the lowest floor slab and observed groundwater levels and at least a 2-foot separation between the lowest floor slab and 100-year flood levels of any adjacent surface water features such as lakes, wetlands, ponds or ditches. 4.9 Utilities We anticipate that the utilities will be supported on compacted engineered fill following soil corrections or native clayey soils. We recommend removing all topsoil, Fill, soft clays or other unsuitable soils, if encountered, beneath utilities prior to placement. We recommend bedding material be thoroughly compacted around the pipes. We recommend trench backfill above the pipes be compacted to a minimum of 95 percent beneath slabs and pavements, the exception being within 3 feet of the proposed pavement subgrade, where 100 percent of standard Proctor density is required. In landscape areas, we recommend a minimum compaction of 90 percent. We anticipate that groundwater will be encountered during utility installations and dewatering will likely be required. We anticipate that groundwater can be removed with sumps and pumps. 5.0 CONSTRUCTION CONSIDERATIONS 5.1 Excavation The soils encountered in the soil borings at the anticipated excavation depths consist of cohesive (clay) soils. The clay soils were composed silty clay, lean clay and sandy lean clay corresponding to the ASTM Classification of CL-ML and CL. The clay soils identified in the borings will generally be Type B soils under OSHA guidelines. Temporary excavations in Type B soils should be constructed at a minimum of 1 foot horizontal to every 1 foot vertical within excavations. Slopes constructed in this manner may still exhibit surface sloughing. If site constraints do not allow the construction of slopes with these dimensions, temporary shoring may be required. C 5.2 Observations A geotechnical engineer should observe the excavation subgrade to evaluate if the subgrade soils are similar to those encountered in the borings and adequate to support the proposed construction. 5.3 Sackfill and Fills Site soils that will be excavated and reused as backfill appear to above their assumed optimum soil moisture content and may require moisture conditioning (drying) to achieve the recommended compaction. We recommend that fill and backfill be placed in lifts not exceeding 4 to 12 inches, depending on the size of the compactor and materials used. 5.4 Testing We recommend density tests of backfill and fills placed for the new home. Samples of the proposed materials should be submitted to our laboratory prior to placement for evaluation of their suitability and to determine their optimum moisture content and maximum dry density (Standard Proctor). 5.5 Winter Construction If site grading and construction is anticipated to proceed during cold weather, all snow and ice should be removed from cut and fill areas prior to additional grading and placement of fill. No fill should be placed on frozen soil and no frozen soil should be used as fill or backfill. Concrete delivered to the site should meet the temperature requirements of ASTM and/or ACI. Concrete should not be placed on frozen soil. Concrete should be protected from freezing until the necessary strength is obtained. Frost should not be permitted to penetrate below the footings. 6.0 PROCEDURES 6.1 Soil Classification The drill crew chief visually and manually classified the soils encountered in the borings in general accordance with ASTM D 2488, "Description and Identification of Soils (Visual - Manual Procedure)." Soil terminology notes are included in the Appendix. The samples were returned to our laboratory for review of the field classification by a soils engineer. Samples will be retained for a period of 30 days. 6.2 Groundwater Observations Immediately after taking the final samples in the bottom of the borings, the holes were checked for the presence of groundwater. Immediately after removing the augers from the borehole the holes were once again checked and the depth to water and cave-in depths were noted. 10 7.0 GENERAL 7.1 Subsurface Variations The analyses and recommendations presented in this report are based on data obtained from a limited number of soil borings. Variations can occur away from the borings, the nature of which may not become apparent until additional exploration work is completed, or construction is conducted. A reevaluation of the recommendations in this report should be made after performing on -site observations during construction to note the characteristics of any variations. The variations may result in additional foundation costs and it is suggested that a contingency be provided for this purpose. It is recommended that we be retained to perform the observation and testing program during construction to evaluate whether the design is as expected, if any design changes have affected the validity of our recommendations, and if our recommendations have been correctly interpreted and implemented in the designs, specifications and construction methods. This will allow correlation of the soil conditions encountered during construction to the soil borings and will provide continuity of professional responsibility. 7.2 Review of Design This report is based on the design of the proposed structure(s) as related to us for preparation of this report. It is recommended that we be retained to review the geotechnical aspects of the design and specifications. With the review we will evaluate whether any changes have affected the validity of the recommendations and whether our recommendations have been correctly interpreted and implemented in the design and specifications. 7.3 Groundwater Fluctuations We made water level measurements in the borings at the times and under the conditions stated on the boring logs. The data was interpreted in the text of this report. The period of observation was relatively short and fluctuations in the groundwater level may occur due to rainfall, flooding, irrigation, spring thaw, drainage, and other seasonal and annual factors not evident at the time the observations were made. Design drawings and specifications and construction planning should recognize the possibility of fluctuations. 7.4 Use of Report This report is for the exclusive use of The City of New Hope and their design team to use to design the proposed structure and prepare construction documents. h1 the absence of our written approval, we make no representation and assume no responsibility to other parties regarding this report. The data, analysis and recommendations may not be appropriate for other structures or purposes. We recommend that parties contemplating other structures or purposes contact us. 11 7.5 Level of Care Haugo GeoTechnical Services, LLC has used the degree of skill and care ordinarily exercised under similar circumstance by members of the profession currently practicing in this locality. No warranty expressed or implied is made. 12 APPENDIX Legend Approximate Soil Boring Location GPS Boring Locations Elevation Boring Number Northing Coordinate Easting Coordinate (US Survey Feet) SB-1 909.8 186038.916 503343.902 SB-2 908.7 186053.294 503303.956 Referencing Minnesota County Coordinates Basis — Hennepin County (GEOID09 Conus model) Haugo GeoTechnical Services, LLC 2825 Cedar Avenue S. Minneapolis, MN 55407 Soil Boring Location Sketch 2856 Maryland Avenue North New Hope, Minnesota Figure #: 1 Drawn By: ALY Date: 11/18/18 Scale: None Project #: 18-1078 HAIIG❑ Haugo GeoTechnical Services BORING NUMBER SB-1 2825 Cedar Avenue PAGE 1 OF 1 Minneapolis, MN 55407 Telephone: 612-729-2959 CLIENT City of New Hope PROJECT NAME 3856 Maryland Ave _ PROJECT NUMBER 18-1078 PROJECT LOCATION New Hope, MN DATE STARTED 11/14/18 COMPLETED 11/14/18 GROUND ELEVATION 909.8 ft HOLE SIZE 3 1/4 inches DRILLING CONTRACTOR HGTS GROUND WATER LEVELS: DRILLING METHOD Hollow Stem Auger/Split SpWn AT TIME OF DRILLING 7.00 ft / Elev 902.80 ft LOGGED BY AY CHECKED BY JC AT END OF DRILLING — Not Encountered NOTES Borehole grouted. AFTER DRILLING — Not Encountered with Cave -In Depth of 6 feet x� Lu p2 U X: O O MATERIAL DESCRIPTION a 0- W m a. z a } w� > {7 Ova L � w �z� O0 5 Q co 0 o L^ � � F v a w ~O Z 1 SPT N VALUE 20 40 SO 80 PL MC ILL 20 40 60 80 ❑ FINES CONTENT (%) ❑ 20 40 60 80 Sandy Lean Clay, trace Roots, dark brown to black, mast. (Topsoil/FILL)1 AU Sandy Lean Clay, trace Gravel, black, moist to wet. (FILL) 3-3-5 SS 2 (8) ....... ..'.. 5 Sandy Lean Clay, trace Gravel, brown to grey to black, moist to wet. (FILL) SS 3-2-4 3 (6) 23 (CL-ML) Silty Clay, with Poorly Graded Sand, rust staining, grey, wet, soft. (Alluvium) SS 4 2-1-2 (3) 10 10.5 (CL) Sandy Lean Clay, trace Gravel, brown to grey at 19 feet, moist to wet, medium to very stiff. (Glacial Till) 5S 2-3 3 ....... SS 5-7-10 6 (17) #5 SS 7 3-4-4 (8) 20 SS 8 3-4-6 (10) 25 SS 9 3-5-11 (16) 30 10 (17) Boitorn of borehole at 31.0 feet. ALIG Haugo GeoTechnical Services BORING NUMBERSB-2 2825 Cedar Avenue PAGE 1 OF 1 Minneapolis, MN 55407 Telephone. 612-729-2959 CLIENT City of New Hope _ PROJECT NAME • 3856 Maryland Ave PROJECT NUMBER 18-1078 PROJECT LOCATION New Hope, MN DATE STARTED 11/14/18 COMPLETED 11/14/18 GROUND ELEVATION _908.7 ft HOLE SIZE 3 1/4 inches DRILLING CONTRACTOR HGTS GROUND WATER LEVELS: DRILLING METHOD Hollow Stem AugerlSplit Spoon EAT TIME OF DRILLING 9.00 ft / Elev 899.70 ft LOGGED BY AY CHECKED BY JC AT END OF DRILLING — Not Encountered NOTES Borehole grouted. _ _ AFTER DRILLING Not Encountered with Cave -In Depth of 7 feet = a c w " 0 0 U EL O C7 MATERIAL DESCRIPTION a W M o < Z L^ >� O o: W` Z_j p j¢ m O > U z F-: o UW a o > coZ m N O A SPT N VALUE A 20 40 60 80 PLw M� L{L 20 40 60 80 ❑ FINES CONTENT (%) ❑ 20 40 60 80 Sandy Lean Clay, trace Roots, black, moist. (Topsoil/FILL) f A ! 11 Sandy Lean Clay, trace Gravel, trace Roots, trace rust staining, brown to grey to black, wet. (FILL) • . SS 12 34-3 (7) SS 13 5 Silty Clay, black, wet. (FILL) 2-1-1 (2) (CL) Lean Clay, trace Gravel, trace rust staining, mottled brown and grey, wet, rather soft. (Alluvium) SS 14 2-2-2 (4) 10 SS 15 21.5 .. • .... ..- ... 1-2-2 (4) (CL) Sandy Lean Clay- trace Gravel, brown to grey at 19 feet, moist to ........ .... ... ..- SS 3-4-5 wet, rather stiff to stiff. (Glacial Till) 16 (9) = 15 13 ------ .... ' .............. SS 17 3-6-8 (14) 20 SS 18 10-7-6 (13) 25 SS 19 2-4-6 (10) 30 SS 20 3-5-8 (13) Bottom of borehole at 31.0 feet. W01910 ■ r SERVICES Descriptive Terminology of Soil Standard D 2487 - 00 Classification of Soils for Engineering Purposes (Unified Soil Classification System) Soils Classification Criteria for Assigning Group Symbols and a Group Group Names Using Laboratory Tests Symbol Group Name b = Gravels Clean Gravels C" z 4 and 1 < C<: 3 ° GW Well -graded gravel° cm More than 50% of 5% or less fines a C�< 4 and/or 1 > C�> 3 ` GP Poorly graded gravel ° 0) c m .0 c d coarse retained on Gravels with Fines Fines classify as ML or MH GM Silty gravel d Iv Fines classify as CL or CH GC Clayey ravel °r9 o No. 4 sieve More than 12% fines a o o, u N Sands Clean Sands C > 6 and 1 < C < 3 ` SW Well -graded sand " a ; 6 50% or more, of 5% or less fines I CV < 6 andlor 1 > C > 3 ` ` SP Poorly graded sand " C d coarse fraction Sands with Fines Fines classify as ML or MH SM Silty sand 9' o passes Fines classify as CL or CH SC I Clayey sand' 21' E No. 4 sieve t More than 12%' W PI > 7 and plots on or above 'A' line f CL Lean clayx m :E 'DPI Slits and Clays Inorganic < 4 or plots below "A' Iinel ML Silt x I in o to d 0)N ' m m - Liquid limit less than 50 Organic Or Liquid limit- oven dried < 075 OL Organic clay R m a a U1 Liquid limit - not dried OL Organic sill w PI plots on or above "A' line CH Fat clayx " E 6 41 o Silts and clays Liquid limit Inorganic PI plots below "A- line MH Elastic sill" I " Z ;\ LL o 50 or more Organic Liquid limit - oven dried < 0.75 OH Organic clay "' m P ul I Liquid limit - not dried OH Organic silt I m a Highly Organic Soils I Primarily organic matter, dark in color and organic odor PT I Peat a Based an the melerial passing the 3-in (75mm) sieve b If field sample contained cobbles or boulders. or both. add 'with cobbles or boulders or both- to group name c C,, = Dec / D,o Co = (D3o1, Dec x D" d If soil contains>15% sand, add -with sand'lo group name e Gravels wfth5 to 12% fines require dual symbols: GW-GM well -graded gravel with sill GW-GC well -graded gravel with clay GP -GM poorly graded gravel with silt GP -GC poorly graded gravel with'21ay f If fines classify as CL-ML, use dual symbol GC -GM or SC-SM g if fines are organic, add "with organicfines-to group name 11 If soil contains a 15 % gravel. add' with gravel' to group name i Sands with 5 to 12% fines require dual symbols: SW-SM well -graded sand with silt SW -SC well -graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay I Il Allerberg limits plot in hatched area. soil is a CL-ML Nity clay k If soil contains 10 to 29%plus No 200, add -with sand' or "with graver whichever is predominant I If soil containsk30%plus No 200.predominanllysandadd'sandy' logroupname m If soil contains> 30% plus No 200 predominantly gravel, add gravelly-togroup name n PI 2 4 and plots on or above "A- line o PI <4 or plots below "A' line p. PI plots on or above "A' line q PI plots below 'A' line 60 s0 a 40 x d 30 F9 U N 20 m 1L 10 7 4 0 0 r i i � v i MH or OH - ML it OL CLaML' 10 16 20 30 40 50 60 70 80 90 100 110 Liquid Limit (LL) Laboratory Tests DD Dry density, pcf OC Organic content. % WD Wet density. pcf S Percent of saturation, % MC Natural moisture content, % SG Specificgravity LL Ligiuid limit, % C Cohesion, psf PL Plastic limit, % 0 Angle of internal friction PI Plasticity index, % qu Unconfined compressive strength. psf P200 % passing 200 sieve qp Pocket penetrometer strength, tsf Particle Size Identification Boulders., .......................... over 12" Cobbles .. ... ... ....... . 3" to 12' Gravel Coarse ... 3/4' to 3' Fine ...... .... .............. No. 4 to 3/4" Sand Coarse .. ... No. 4 to No. 10 Medium ........... .. ...... No. 10 to No. 40 Fine ............... ........ No. 40 to No. 200 Silt .... ............... <No. 200, PI<4 or below "A" line Clay ......... ............ ........... -<No. 200, PI z 4 and on or above "A" line Relative Density of Cohesionless Soils Very loose, ... ...... . ....... 0 to 4 BPF Loose .... .......... .............. 5 to 10 BPF Medium dense ........................ 11 to 30 BPF Dense ................................. 31 to 50 BPF Very dense ..... ... .... .............. „. over 50 BPF Consistency of Cohesive Soils Very soft.... . ............. .... 0 to 1 BPF Soft ...................... ............. 2 to 3 BPF Rather soft...... ...................... 4 to 5 BPF Medium ........................ .. 6 to 8 BPF Rather stiff ...... ................ 9 to 12 BPF Stiff .................. ........... :..... 13 to 16 BPF Very stiff ..................... :........... . 17 to 30 BPF Hard . ............................--..._.. over 30 BPF Drilling Notes Standard penetration test borings were advanced by 3 1/4' or 6 1/4' ID hollow -stem augers unless noted otherwise, Jetting water was used to clean out auger prior to sampling only where indicated on logs. Standard penetration test borings are designated by the prefix "ST' (Split Tube). All samples were taken with the standard 2' OD split -tube sampler, except where noted Power auger borings were advanced by 4' or 6" diameter continuous - Flight, solid -stem augers. Soil classifications and strata depths were in- ferred from disturbed samples augered to the surface and are, therefore. somewhat approximate Power auger borings are designated by the prefix'B " Hand auger borings were advanced manually with a 1 1/2' or 3 1/4' diameter auger and were limited to the depth from which the auger could be manually withdrawn. Hand auger borings are indicated by the prefix H.' BPF: Numbers indicate blows per foot recorded in standard penetration test• also known as "N" value. The sampler was set 6' into undisturbed soil below the hollow -stem auger. Driving resistances were then counted for second and third 6" increments and added to get BPF. Where they differed significantly, they are reported in the following form: 2/12 for the second and third 6' increments, respectively. WH: WH indicates the sampler penetrated soil under weightof hammer and rods alone; driving not required. WR: WR indicates the sampler penetrated soil under weight of rods alone: hammer weight and driving not required TW indicates thin -walled (undisturbed) tube sample. Note: All tests were run in general accordance with applicable ASTM standards. Rev 7r07 Chir ich Aaron From: Long, Chris (St. Paul) <Chris.Long@stantec.com> Sent: Thursday, December 13, 2018 1:53 PM To: Chirpich Aaron Subject: 3856 Maryland - Additional Excavation & Fill Estimate (Building & Garage) Aaron, As requested, please see the tables below in regards to the estimated costs for the additional excavation and fill that may be required with the 3856 Maryland Avenue home. Assumptions: Additional 2' excavation and fill for the building basement, and 10' additional excavation for the garage — based upon attached geotechnical report and anticipated excavation depth of 9'-12' as shown in Table 3 of the report. The total 50'x50' building footprint was oversized to 55'x55' to account for lateral foundation support (111:1V oversizing) Garage Footprint (oversized: 27'x30') 810.00 Volume (CF) - 10' depth 1,620.00 Volume (CY) - 10' depth 60.00 Item Quantity Unit Unit Price Estimated Cost Dewatering 1.00 LS $500.00 $500.00 Common Excavation 300.00 CY $16.00 $4,800.00 Granular Fill 594.00 TN $14.00 $8,316.00 Total Estimated Cost I I 1 $13,616.00 Building Footprint (oversized: 28'x25') 980.00 Volume (CF) - 2' depth 1,960.00 Volume (CY) - 2' depth 72.59 Item Quantity Unit Unit Price Estimated Cost Dewatering 1.00 LS $500.00 $500.00 Common Excavation 72.59 CY $16.00 $1,161.48 Granular Fill 143.73 TN $14.00 $2,012.27 Total Estimated Cost $3,673.75 Total Estimated Costs - Garage & Building Basement 1 $17,289.75 Let me know if you have any questions or need additional information. Thanks Chris Long Associate Direct: 651 604-4808 Mobile: 651 492-7747 Chds.Long@stantec.com Stantec 2335 Highway 36 West St. Paul MN 55113-3819 The content of this email Is the contldenUal property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Slantec's written authorization. If you are not the intended recipient, pleasc delete all copies end notify us Immediately. Ms. Rader also reported on the $200,000 grant request to Minnesota Swimming. She stated the board is willing to award the city $40,000 subject to the city making the third weekend in July available to the club for a swim meet. She also stated the club has requested a multi -year written commitment (three or four years). She indicated the contract can include language that the city can terminate the agreement if problems arise during a swim meet (vandalism or poorly operated event). She stated rental fees would be applicable. Council stated when the city closes the pool to the general public for a swim meet, the contract should include language that payment is due regardless of weather (rain). Ms. Rader agreed and noted a refund would only be allowed in a situation involving severe weather and the city prohibited the group from using the pool. Council directed Director Rader to use her discretion regarding the contract length (two to four years). Ms. Rader noted Minnesota Swimming was willing to grant an additional $20,000 ($60,000 total) if the city made another full -day weekend the last half of June available. She indicated she declined this offer based on prior Council direction and that the pool is only open 11 weekends each season. Council discussed swim club contracts, and Ms. Rader confirmed that agreements are required. She stated rental groups will be required to have a staff person present. Council Member Frazier inquired whether the bid package for the pool includes supplier goals. Mr. Long indicated for the 50 meter pool and decking there are some goals such as prevailing wages and American made steel. Council thanked staff for the update. 3856 MARYLAND Mayor Hemken introduced for discussion item 11.4, Discuss soil boring results and the (IMP. PROJECT NO. sale of 3856 Maryland Avenue North (improvement project no. 1024). 1024) Item 11.4 Mr. Aaron Chirpich, community development specialist, explained the EDA recently purchased the lot at 3856 Maryland Ave North from the city of Crystal for $65,000, with trail improvements to be shared between both cities. Staff was anticipating marketing the property to developers for $75,000. He stated soil borings revealed unstable soils and removal of the poor soils is more economical than using helical piers. He stated the city of Crystal is willing to share 50% of the $17,300 soil correction costs. He recommended adjusting the sales price of the lot to $58,000 to reflect the soil correction costs ($75,000 less $17,000). He reviewed the project budget and noted the property will change from tax-exempt status to tax -paying status and generate $2,100 in city taxes annually. Council Member Hoffe complimented staff for the cooperative efforts with Crystal. Council supported staff's recommendation on the project budget. PROPERTY Mayor Hemken introduced for discussion item 11.5, Discuss property maintenance MAINTENANCE guide and provide updates on rental inspection and code enforcement programs. GUIDE Item 11.5 City Council Work Session January 22, 2018 Page 5 130 i L November 1, 2018 Mr. Aaron Chirpich City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Proposal for Geotechnical Exploration, Proposed Residential House, 3856 Maryland Ave N, New Hope, Minnesota Dear Mr. Chirpich: Proposal 18-1078 Haugo Geotechnical Services, LLC is pleased to submit this proposal to perform a geotechnical exploration for the proposed residential house located at 3856 Maryland Ave in New Hope, Minnesota. Project The City of New Hope has requested a proposal for a geotechnical exploration for the proposed residential house at 3856 Maryland Avenue North in New Hope, Minnesota. It is our understanding that the City owned lot is currently vacant, and the lot will be sold with the intention of constructing a new traditional single-family home. Purpose The purpose of our geotechnical exploration is to characterize subsurface soil and groundwater conditions and provide recommendations for foundation design and construction. Scope of Services We will provide the following services to help meet the project purpose. • Complete two (2) standard penetration soil borings each will extend to a nominal depth of 30 feet. • Seal the soil borings in accordance with Minnesota Department of Health requirements. • Obtain GPS coordinates and ground surface elevations at the boring locations. ■ Visually classify samples recovered from the soil borings. • Perform up to (2) moisture content tests on selected samples. • Prepare soil boring logs describing the soil types/classifications and results of water level measurements. • Prepare an engineering report summarizing the current soil conditions and recommendations for foundation design and construction. Prior to advancing the soil borings we will contact Gopher State One Call and request they notify the appropriate utility vendors to mark and clear the exploration locations of underground utilities. We request you or your authorized representative notify Haugo Geotechnical Services of the presence of and location of any underground structures or utilities that are not the responsibility of public agencies. Estimated Cost We will provide the services described in this proposal for lump sum fee $3,285. If the borings need to be extended beyond 30', our price per foot would be $26/foot which includes the additional borehole sealing. We would be happy to meet with you to discuss the project and our proposed scope of services. 2826 Cedar Avenue S, Minneapolis, MN 55407 Additional Services The soil borings may need to be extended if structurally unfavorable soil conditions have not been penetrated above the intended boring termination depths. If the borings need to be extended beyond their intended termination depths we will charge an additional $16 per lineal foot beyond the original depth to 30', and $22 per lineal foot after 30'. If deeper borings are required the borings may need to be sealed in accordance with Minnesota Department of Health requirements. We will charge $4 per lineal foot to seal the borings, if required. Additional mobilizations, if required, will be charged at $450 per mobilization. Snow removal, if required, will be invoice at $175 per hour. In the event that the site is not ready when our crew arrives, we will charge $120 per hour of stand-by time. Street sweeping or turf restoration, if requested, will be provided at an additional cost. Tree clearing, if required, will be invoiced at $175 per hour. If any private utilities are present on the site, we expect you to locate them in advance or notify us and we will have them located at an additional cost of $500 If they are not located we will not be responsible for any damage to any unknown utilities. We will contact you prior to exceeding the budget and submit a change order summarizing the costs for your review and authorization. General Thank you for the opportunity to present this proposal to you. Please sign and return one copy as our authorization to proceed. We are including the Haugo GeoTechnical Services, General Conditions, which provide additional terms and are part of this agreement. If you have any questions regarding this proposal and associated scope of services, please contact Lucas Mol at 612-741-8251 (1=165�haugo4ts.com) or John Carlson at (jcarlsonQhauga ts.com) 612-979-3542. Sincerely, HAUGO GEOTECHNICAL SERVICES John T. Carlson, P.E. Senior Engineer Lucas Mol Project Manager Attachments: General Conditions Name/Title/Company Authorization to Proceed a i�, kb&r,i Date: 2825 Cedar Avenue S, Minneapolis, MN 55407 HAUGO General Conditions - Our agreement ("Agreement') with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibilities 1.1 We will provide the services specifically described in our Agreement with you. You agree that we are not responsible for services that are not fairly included in our specific undertaking. Unless otherwise agreed in writing, our findings, opinions, and recormnendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 1.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 1.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 1.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 You will provide. at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that maybe unsafe. 1.7 Estimates of our fees or other project costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 2: Your Responsibilities 2.1 You will provide us with prior geotechnical and other reports. specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans. and new information as to site conditions until we have completed our work. 2.2 You will provide access to the site. In the course of our work some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 2.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf furnished to us. 2.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contamination at the work site. If we observe orsuspect the presence of contaminants not anticipated in our Agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 2.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning ofany other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 2.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 2. 7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner of the discovery or release of contaminants at the site. You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 3: Reports and Records 3.1 We will fitmish reports to you in duplicate. We will retain analytical data fbr seven years and financial data for three years. 3.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you f'or your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use thelii for a purpose for which they were not prepared without our written approval, which will not be unreasonably withheld. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 3.3 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. 3.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. You agree not to use or rely upon our work f'or any purpose whatsoever until it is paid for in full. Pagel of 2 3.5 Samples remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They will be discarded or returned to you, at our discretion, unless witlmin 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 4: Compensation 4.1 You will pay for services as agreed upon or according to ow= then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 4.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 4.3 If you direct us to invoice another, we _ will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our Agreement and we agree to extend credit to that person and to release you, 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 4.5 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may terminate without liability to you or others. 4.6 If you fail to pay us withvi 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, terminate our duties without liability to you or to others. 4.7 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. Section 5: Disputes, Damage, and Risk Allocation 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 5.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 5.3 We will not be liable for damages unless suit is commenced within two years of the date of injury or loss or within two years of the date of the completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent act; or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or 550,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 5.5 If you do not pay us within 60 days of invoice date, or if you make a claim against us that is resolved in our favor, you agree to reimburse our expenses, including but not limited to attorney fees, staff time; expert witness fees, and other costs of collection or litigation. 5.6 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial by jury. No employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not make a claim against individual employees. Section 6: General indemnification 6.1 We will indemnify and hold you harmless from and against demands. damages, and expenses to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses to the comparative extent they are caused by your negligent acts or ommissions or those negligent acts or omissions of persons for whom you are legally responsible. 6.2 To the extent it may be necessary to indemnify either of us under Section 6.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 6.3 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 7: Miscellaneous Provisions 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional insured shall be linmited to losses caused by our sole negligence. 7.2 This Agreement is our entire agreement. It supersedes prior agreements. it may be modified only in a writing, making specific reference to the provision modified. 7.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 7.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. Page 2 of 2 GC C.V. filed_X_C.V. not req. No delinquent taxes 1 11511111 101111111111 ■NAMA Milan 1II111 ■II1II1111o1 lolls I1E11Ana Transfer Entered Doc No A10590182 Certified, filed and/or recorded on Sep 7, 2018 8:01 AM Sep 7, 2018 8:01 AM Hennepin County, Minnesota Office of the County Recorder Mark Chapin Hennepin County, Minnesota County Auditor and Treasurer Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1732791 E CRV# 864397 PID(s) 17-118-21-31-0071 Conservation Fee $5.00 Document Recording Fee $46.00 Environmental Response Fund (SDT .0001) $6.50 State Deed Tax (.0033 rate) $214.50 Document Total This cover sheet is now a permanent part of the recorded document. $272.00 Quit Claim Deed Deed Tax Due: $221.00 ECRV: bvLf -3Cl -) Date: September.L,, 2018 FOR VALUABLE CONSIDERATION, City of Crystal, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to The Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: Lot 9, Block 4, "Gwynnco Second Addition", Hennepin County, Minnesota Check here if part or all of the land is Registered (Torrens) O together with all hereditaments and appurtenances, and subject to eas meats of record and subject to the Purchase Agreement between Grantor and Grantee, dated , 2018 and recorded contemporaneously with this deed. R1 The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 535655v1 CBR CR225-461 CITY OF CRYSTAL By Jeff Kol is Mifyor Pro Tem By An STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of 2018, by Jeff Kolb and Anne Norris, the Mayor Pro Tem and City Manager of the City of Crystal, a municipal corporation under the laws of Minnesota, on behalf of the corporation. NOTARY STAMP SI NATURE OF PERSON TAKTNG ACKNOWLMGMEN T 3Ia CHRISTINA MARIE SERRES r- Notary Public - Minnesota Commission expires 01/31/2021 This instrument was drafted by: Tax Statements should be sent to: Kennedy & Graven, Chartered The Economic Development Authority in and for the 470 U.S. Bank Plaza City of New Hope 200 South Sixth Street 4401 Xylon Avenue North Minneapolis, MN 55402 New Hope, MN 55428 (612) 337-9300 535655v1 CBR CR225461 No delinquent taxes Transfer Entered Sep 7, 2018 8:01 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 17-118-21-31-0071 Doc No Al0590180 Certified, filed and/or recorded on Sep 7, 2018 8:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1732791 E $46.00 $46.00 DRAINAGE AND UTILITY EASEMENT THIS INSTRUMENT is made this day of 6q 2018, by the City of Crystal, a municipal corporation under the laws of the State o Minnesota, Grantor, in favor of the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantee (the "City"). Recitals A. Grantor is the fee owner of certain real property located at the street address of 3856 Maryland Avenue North, New Hope, in Hennepin County, Minnesota, and legally described as follows: Lot 9, Block 4 "Gwynnco Second Addition", Hennepin County, Minnesota. (the "Property") B. Grantor wishes to grant to the City a certain non-exclusive, permanent easement for drainage and utility purposes as hereinafter described in, over and across portions of the Property, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the City a perpetual easement for drainage and utility purposes over, under and across that part of Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota being described as the Easterly 15 feet, the Southerly 5 feet, the Westerly 10 feet, the Northerly 20 feet and that part of said Lot 9 lying Northerly of the following described line: Commencing at the northeast corner of said Lot 9; thence Southerly along the Easterly line of said Lot 9 a distance of 39.51 feet to the point of beginning of said line; thence Westerly to a point on the northerly line of said Lot 9 distant 89.19 feet Southwesterly 535637A BDL CR225-461 1 from said northeast corner and said line there terminating ("Easement Area") Said Easement Area is graphically depicted on the attached Exhibit. 2. Scope of Easement. The drainage and utility easement created herein includes the right of the City, its contractors, agents and employees, to enter the Property at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water facilities, ground surface drainage ways and other public utilities in the described Easement Area. The easement created herein also includes the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the easement or facilities of the City of New Hope, its successors or assigns. 3. Warranty of Title. Grantor warrants that it is the owner of the Property and has the right, title and capacity to convey to the City the easement granted herein. 4. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor, its successors and assigns. [Remainder of page intentionally left blank.] 535637v1 BDL CR225-461 2 Dated this day of( , 2018. CITY OF CRYSTAL By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Jeff b M or Pro Tern The foregoing instrument was acknowledged before me this 4K day of ( 2018, by Jeff Kolb and Anne Norris, the Mayor Pro Tern and City Ma ager, respectively, of the City of Crystal, a Minnesota municipal corporation, on behalf of the municipal corporation. 0)" T,Totary Public ,R•p� CHRISTINA MARIE SERRES Notary Public - Minnesota Commission expires 01/31/2021 NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 535637v1 BDL CR225-461 3 EXHIBIT INVOICE NO. 88083 SCALE: 1 ° = 20' NOK PROPERTY DESCRIPTION: Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota DRAINAGE AND UTILITY EASEMENT DESCRIPTION: Easement for utility and drainage purposes over, under and across that part of Lot 9, Block 4, Gwyrmco Second Addition, Hennepin County, Minnesota. Being described as the Easterly 15 feet, the Southerly 5 feet, the Westerly 10 feet, the Northerly 20 feet and that part of said Lot 9 lying Northerly of the fullowing described line: Commencing at the northeast comer of said Lot 9; thence Southerly along the Easterly line of said Lot 9 a distance of 39.51 feet to the point of beginning of said line; thence Westerly to a point on the northerly line of said Lot 9 distant 89.19 feet Southwesterly from said northeast comer and said line there terminating. The Gregory Group, Inc. d6a LOT SURVEYS COMPANY �1962 LAND SURVEYORS REGISTER® UNDERXISIAWS OF STATE OF 1NR41E5OTA 7691 ill A.rmf�W 1701]CRIu9a 535637vl BDL CR225461 No delinquent taxes Transfer Entered Sep 7, 2018 8:01 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer PID(s) 17-118-21-31-0071 Doc No A10590179 Certified, filed and/or recorded on Sep 7, 2018 8:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1732791E $46.00 $46.00 PUBLIC TRAIL EASEMENT THIS INSTRUMENT is made this day of , 2018, by the City of Crystal, a municipal corporation under the laws of the Sta a of Minnesota, Grantor, in favor of the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantee. Recitals A. Grantor is the fee owner of certain real property located at the street address of 3856 Maryland Avenue North, New Hope, in Hennepin County, Minnesota, legally described as follows: Lot 9, Block 4 "Gwynnco Second Addition", Hennepin County, Minnesota. (the "Property") B. Grantor wishes to grant to Grantee a certain non-exclusive, permanent easement for public trail purposes as hereinafter described in, over and across portions of the Property, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a perpetual easement for public trail purposes over, under and across the Northerly 20 feet of Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota ("Easement Area") Said Easement Area is graphically depicted on the attached Exhibit. 2. Scope of Easement. The perpetual trail easement created herein includes the right of the Grantee, its contractors, agents and employees, to enter the Property at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing public trail facilities in the described Easement Area. The easement created herein also includes the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation, including such vegetation rooted outside the Easement Area that overhangs or otherwise impedes the use of the easement, as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or 535638v1 BDL CR225461 1 assigns. 3. Obligations of Property Owner. Grantor covenants for itself and its successors and assigns that the owner of the Property shall keep and maintain the Property in compliance with the ordinances of the City of New Hope, including but not limited to requirements for lawn maintenance in the Easement Area. The owner of the Property shall also refrain from erecting any fences or other barriers to public passage in the Easement Area. 4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its heirs and assigns. CITY OF CRYSTAL By: Jeff Kol Its: May ro em Lo Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 44K day of 2018, by Jeff Kolb and Anne Norris, the Mayor Pro Tem and City Man ger, respectively, of the City of Crystal, a Minnesota municipal corporation, on behalf of the municipal corporation. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 `RO &MV101j.'11 i 1 CHRISTINA MARIE SERRES _ Notary Public • Minnesota Commission expires 01/31/2021 535638vl BDL CR225461 2 EXH BIT INVOICE NO. 88083 SCALE: 1 ° = 20' 1 PROPERTY DESCRIPTION: Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota. TRAIL EASEMENT DESCRIPTION: Easement for public trail purposes over the Northerly 20 feet of Lot 9, Block 4, Gwynnco Second Addition, Hennepin County, Minnesota lis rat wings i5 umtd The Gregory Group, Inc. dl.. LOT SURVEYS COMPANY ...,hblm19a LAND SURVEYORS RM-WTFMUNMMUMIAWS OF FIAIH OF MReQ$0TA, Q, rkd A — Koh Rffl)- Jdl3 .MW-F.N&7db.o t.qm FuNa-SU-IM 535638vl BDL CR225-461 Doc No A10590181 Certified, filed and/or recorded on Sep 7, 2018 8:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1732791 E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. PURCHASE AGREEMENT Between City of Crystal And The Economic Development Authority in and for the City of New Hope For the property located at 3856 Maryland Avenue North, New Hope This document drafted by: City of Crystal 4141 Douglas Drive North Crystal, MN 55422 501325v2 CBR CR150-217 PURCHASE AGREEMENT For 3856 Marvland Avenue North 1. Parties. This Purchase Agreement ("this Agreement") is made on i ��, 2018 between the City of Crystal, a municipal corporation under the la�� of Minnesota having its office located at 4141 Douglas Drive North, Crystal, Minnesota, 55422 ("Seller"), and The Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant for the laws of the State of Minnesota having its office located at 4401 Xylon Avenue North, New Hope, Minnesota, 55428 ("Buyer"). 2. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property located at 3856 Maryland Avenue North, New Hope, Minnesota and legally described as follows ("the Property"): Lot 9, Block 4 "Gwynnco Second Addition", Hennepin County, Minnesota. 3. Price and Terms. Purchase Price. The total purchase price for the Property shall be $65,000.00 ("Purchase Price") which shall be payable by check on the Date of Closing. The "Date of Closing" shall be no later than September 4, 2018. 4. Personal Property Included in Sale. There are no items of personal property or fixtures owned by Seller and currently located on the Property for purposes of this sale. 5. Deed. Upon performance by Buyer, Seller shall deliver a Quit Claim Deed conveying title to the Property to Buyer, in substantially the form attached hereto as Exhibit A (the "Deed"). 6. Real Estate Taxes and Special Assessments. A. Seller shall pay, at or before closing all real estate taxes due and payable in all years prior to the year of closing. Real estate taxes due and payable in the year of closing, if any, shall be pro -rated to Seller and Buyer based on the Date of Closing. B. Seller shall pay on Date of Closing all special assessments levied against the Property as of the date of this Agreement, including those certified for payment in the year of closing. Seller represents that there are no special assessments pending as of the date of this Agreement. If a special assessment becomes pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's option: Assume payment of the pending special assessment without adjustment to the price of the Property; or Page 2 of 9 501325v2 CBR CR150-217 2. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or 3. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 7. Closing Costs and Related Items. Buyer will pay: (a) the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by Buyer; and (c) the recording fees for this Agreement and the deed transferring title to Buyer. Seller will pay (a) any transfer taxes and Well Disclosure fees required to enable Buyer to record its deed from Seller under this Agreement (b) fees and charges related to the filing of any instrument required to make title marketable; and (c) any recording fees for the Easements referenced in Section 13 of this Agreement. Each party shall pay its own attorney fees. 8. Condition of Property. Seller makes no warranties as to the condition of the Property. Buyer and Seller understand and agree 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 has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of a dwelling. If the soil is determined to be unacceptable the Buyer may rescind this Agreement by written notice to the Seller, in which case the Agreement shall be null and void. 9. Marketability of Title. As soon as reasonably practicable after the execution of this Agreement by both parties, Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have ten (10) days from the date it receives such title evidence to raise any objections to title. Objections not made within such time will be deemed waived. The Seller may affect a cure satisfactory to Buyer or may give written notice to Buyer that Seller elects not to cure. The Buyer may then elect to close notwithstanding the uncured objections, or may declare this Agreement null and void and the parties will thereby be released from any further obligation hereunder. 10. Title Clearance and Remedies. In the event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Date of Closing, then, at the option of the Buyer: this Agreement shall be null and void; neither party shall be liable for damages hereunder to the other; the Earnest Money shall be refunded to the Buyer; and Buyer and Seller agree to sign a cancellation of this Agreement. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: A. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given Page 3 of 9 501325v2 CBR CR150-217 pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; B. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: A. Seek damages from Seller including costs and reasonable attorney's fees; B. Seek specific performance within six months after such right of action arises including costs and reasonable attorney's fees, as permitted by law. 11. Well Disclosure. Q The Seller certifies that the Seller does not know of any wells on the described real property. ❑A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 12. Individual Sewage Treatment System Disclosure. Seller has no knowledge of any individual sewage treatment system on or serving the Property. 13. Easements to be granted by Seller. Immediately prior to recording of the Quit Claim Deed conveying title to the Property, Seller will record instruments granting to the City of New Hope the following easements on the Property, said instruments subject to the prior review and approval of the City of New Hope: a. Public Trail Easement across the northerly 20 feet of the Property b. Drainage and Utility Easement across the northerly 20 feet, southerly 5 feet, easterly 15 feet and westerly 10 feet of the Property 14. Public Trail Improvements by Seller Subsequent to Closing. Seller agrees that, no later than October 4, 2018, it will construct, within the Public Trail Easement described in Section 13 of this Agreement, the design and construction of which shall be subject to the approval of the City of New Hope, a bituminous trail approximately 8 feet wide, said trail to also extend to Kentucky Avenue in the City of Crystal and to Maryland Avenue in the City of New Hope, with pedestrian ramps at each street (collectively, "Public Trail Improvements"). Upon completion of the Public Trail Improvements by Seller, each respective city will own and maintain the portion of the trail within its municipal boundary. 15. Drainage Improvements by Buyer Subsequent to Closing. Buyer agrees that, no later than November 4, 2018, it will construct, within the Drainage and Utility Easement described in Section 13 of this Agreement, a drainage inlet in the northeasterly portion of Page 4 of 9 501325v2 CBR CR150-217 the Property and a drainage pipe connecting the inlet to the existing storm sewer on Maryland Avenue (collectively, "Drainage Improvements"). The City of New Hope shall own and maintain the Drainage Improvements. 16. Time is of the essence for all provisions of this contract. 17. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 18. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. 19. No Broker Involved. The 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 agreed 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 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 Seller. 20. Specific Performance. This Agreement may be specifically enforced by the parties, provided that an action is brought within one year of the date of alleged breach of this Agreement. 21. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or Buyer is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 22. No Merger of Representations, Warranties. All representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 23. Recording. This Agreement shall be filed of record with the property office of the Hennepin County Registrar of Titles and/or Office of County Recorder, as pertains to the Property. In witness of the foregoing, the parties have executed this Agreement on the year and date written above. Page 5 of 9 501325v2 CBR CR150-217 SELLER: City of Crystal J11a, z L By: By: /? I-, e 6, Its Mayo ro T ,Jeff Kolb Itst ty Manager, orris STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of 2018, by Jeff Kolb and Anne Norris, the Mayor Pro Tern and City Manager of the City of Crystal, municipal corporation under the laws of Minnesota, on behalf of the corporation. I WAI I NOTARY STAMP SIGNATURE OF PE ON TAKING ACKNOWLEDGMENT a GAIL K PETSCHL { Notary Public - Minnesota "N Commission expires 01/31/2020 Page 6 of 9 501325v2 CBR CR150-217 BUYER: The Economic Development Authority in and for the City of New Hope By: By:. -- Its silent, Ka i Hemken Its Executive Director, Kirk McDonald STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of 0 jj4 tot 2018, by Kathi Hemken and Kirk McDonald, the President and Executive Director of Thconomic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant tothe laws of the State of Minnesota, on behalf of the public body corporate and politic. NOTARY STAMP IaVALERIE J LEONE . Notary Publlo-Minnesota My Carnmleelon ExpUee Jan 31, 2020 k46e"-Z� - SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 501325v2 CBR CR150-217 Page 7 of 9 Exhibit A to Purchase and Redevelopment Agreement QUIT CLAIM DEED Quit Claim Deed Deed Tax Due: $ ECRV: Date: , 201 FOR VALUABLE CONSIDERATION, City of Crystal, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to 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, Grantee, real property in Hennepin County, Minnesota, described as follows: Lot 9, Block 4 "Gwynnco Second Addition" Check here if part or all of the land is Registered (Torrens) O together with all hereditaments and appurtenances, and subject to easements of record. Q The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). ❑ 1 am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. CITY OF CRYSTAL By Jeff Kolb, its Mayor Pro Tern By Anne Norris, its City Manager 501325v2 CBR CR150-217 Page 8 of 9 STATE OF MINNESOTA SS.: COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 2018, by Jeff Kolb and Anne Norris, the Mayor Pro Tem and City Manager of the City of Crystal, a municipal corporation under the laws of Minnesota, on behalf of the corporation, Grantor. NOTARY STAMP SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT This instrument was drafted by: Tax Statements should be sent to: Kennedy & Graven, Charted New Hope EDA 470 U.S. Bank Plaza 4401 Xylon Ave N 200 South Sixth Street New Hope MN 55428 Minneapolis, MN 55402 (612) 337-9300 Page 9 of 9 501325v2 CBR CR150-217