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Imp. Proj. #4661l Originating Department Manager By: Dan Donahue M Approved for Agenda 10 -23 -89 Agenda Section Item No. 4 RESOLUTION APPROVING 1989` AMENDMENT TO REDEVELOPMENT PLAN 82 -1 AND TAX INCREMENT FINANCING PLAN 82 -1 AND REQUESTING THE APPROVAL OF THE CITY COUNCIL The resolution approves an amendment to Redevelopment Plan 82 -1 and Tax Increment Financing Plan 82 -1 proposing to incorporate the Community Center Park, and the vacant property located just east of the North Park Plaza (VOA) building. The purpose of the amendment is to allow for the use of the tax increments financing in creating community center and housing opportunities for New Hope residents. Staff recommends approval of the resolution. SEC OND B TO: C^ f° Review: Administration: Finance: 1• I EDA RESOLUTION NO. 89 - Commissioner Enck introduced the following resolution and moved its adoption: RESOLUTION APPROVING 1989 AMENDMENT TO REDEVELOPMENT PLAN 82 -1 AND TAX INCREMENT FINANCING PLAN 82 -1 AND REQUESTING THE APPROVAL OF THE CITY COUNCIL BE IT RESOLVED, by the New Hope Economic Development Authority (the "EDA "), as follows. N l. Proposed Amendment. The Housing and Redevelopment Authority in and for the City of New Hope, Minnesota (the "HRA ") has approved a redevelopment plan, as.defined in Minnesota Statutes, Section 469.002, subdivision 16, designated as Redevelopment Plan 82 -1 ( "Redevelopment Plan 82 -1 "), and a redevelopment project to be undertaken pursuant thereto, as defined in Minnesota Statutes, Section 469.002, subdivision 14, designated as Redevelopment Project 82-1 ("Redevelopment Project 82 -1 "), and that. in order to finance the public redevelopment costs to be incurred by the HRA in connection with Redevelopment Plan 82 -1 and Redevelopment Project 82 -1, the HRA has approved a tax increment financing plan, pursuant to the provisions of Minnesota Statutes, Section 469.175, designated as Tax Increment Financing Plan 82 -1 ( "Financing Plan 82 -1 "), which establishes a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9, designated as Tax Increment Financing District 82 -1 ( "District 82 -1 ") which is designated by Hennepin County as Tax Increment Financing Districts Nos. 1603 and 1604. Pursuant to Minnesota Statutes, Section 469.094, subdivision 2, the City has transferred control of Redevelopment Plan 82 -1, Financing Plan 82 -1 and District 82 -1 from the HRA to the EDA. It has been proposed that the EDA approvt an amendment to Redevelopment Plan 82 -1 and Financing Plan 82 -1 which is entitled "1989 Amendment to Redevelopment Plan 82 -1 and Tax Increment Financing Plan 82 -1" (the "1989 Amendment ") to expand the area subject to Redevelopment Plan 82 -1 and to authorize the expenditure of tax increment revenue derived from District 82 -1 to pay a portion of the public redevelopment costs in the additional area subject to Redevelopment'Plan 82 -1 by the 1989 Amendment. 2. Approval of 1989 Amendment The 1989 Amendment which has been presented to this Board and is ordered placed on file in the office of the Executive Director of the EDA, and the 1989 Amendment is hereby approved. The 1989 Amendment further serves the original goals and purposes of the City and HRA in approving Redevelopment Plan 82-1, Redevelopment Project 82-1 and Financing Plan 82-1, by providing needed public facilities which will be of benefit to all residents of the City, including those residing in the area subject to Redevelopment Plan 82-1, prior to the inclusion of the additional property by the 1989 Amendment, and by providing additional housing facilities for physically challenged persons of low and moderate income on the property east of North Park Plaza. 3. Presentation to City Council. The 1989 Amendment hereby approved shall be presented to the City Council for a public hearing thereon pursuant to Minnesota Statutes, Section 469.029, subdivision 6 and Section 469.175, subdivision 4. Dated the 23rd day of October, 1989. resiaen U Attest; Execu Live Director i -2- EDA Originating Department L-0 Management Assistant Jeannine Dunn Approved for Agenda Agenda Section I EDA -27-89 1 Item No. By: // / 1 4 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND JUST COMPENSATION IN THE AMOUNT OF $ / 7-5, 00 FOR A PORTION OF THE PROPERTY LOCATED AT 4301-4461 WINNETKA AVENUE NORTH, NEW HOPE, HENNEPIN COUNTY, MINNESOTA (PART OF PID #18-118-21 11 0014) AUTHORIZING STAFF TO PREPARE PURCHASE OFFER This resolution authorizes staff to make a purchase offer in the amount of the appraisal for the property located east of the North Park Plaza VOA. This property would be utilized for the development of a 26 unit barrier free housing development. The appraisal will be available Monday night. Staff recommends approval. MOTION BY Im SECOND BY r l Review: Administration: Finance: CITY OF NEW HOPE EDA RESOLUTION NO. 89 -7 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND JUST COMPENSATION IN THE AMOUNT OF $ 173,000 FOR A PORTION OF THE PROPERTY LOCATED AT 4301 -4461 WINNETKA AVENUE NORTH, NEW HOPE, HENNEPIN COUNTY, MINNESOTA (PART OF PID #18- 118 -21 11 0014) AUTHORIZING STAFF TO PREPARE PURCHASE OFFER WHEREAS, part of the property located at 4301 through 4461 Winnetka Avenue North, New Hope, Minnesota (part of PID #18 118 21 11 0014) and commonly referred to as the property east of the Park Place Plaza VOA and west of the Winnetka Center Service Drive is contained within the Amended Redevelopment Plan 82 -1, amended Redevelopment Project 82 -1 and Amended Tax Increment Plan 82 -1, as adopted by the Economic Development Authority (EDA) in and for the City of New Hope; and WHEREAS, in accordance with the Uniform Relocation Assistance and Acquisition Policies Act of 1970 as amended, ( The Act the EDA has received an appraisal for said property. 1. That the EDA hereby establishes the fair market value of the subject property in the amount of $ 173,000 2. That the EDA provide just compensation to the property owners in the amount of $ 173,000 3. That the City Manager or his designee is hereby authorized to prepare a purchase offer and begin negotiations for acquisition. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 27th day of November, 1989. � s residrit i Attest: Execu ve Director 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 March 12, 1990 Mr. Mark Hendrickson Office of Planning and Development 822 South Third Street, Suite 310 Minneapolis, MN 55415 Subject: ENVIRONMENTAL ASSESSMENT: 45TH/XYLON HOUSING SITE (HUD 202 MORTGAGE LOAN PROGRAM) NEW HOPE, MINNESOTA Dear Mark: Enclosed you will find a completed environmental assessment for the HUD 202 Handicapped Housing Project proposed for the property located at 45th and Xylon Avenues. I understand that you will review this document, and if it is necessary, the City will be allowed to implement the public hearing process. If you have questions or comments, please feel free to contact me at the City offices of Jeannine Dunn at (602) 893-1498. 1 Thank you for your assistance. Sin erely, Daniel Donahue City Manager Enclosures cc: Barbara Hayden, Hennepin County Family Styled City A�� For Family Living CITY OF NEW HOPE ENVIRONMENTAL ASSESSMENT FOR NEW HOPE BARRIER FREE - HOUSING PROJECT LOCATION: 45th and Xylon Avenues New Hope, Hennepin County, Minnesota LEAD AGENCY: City of New Hope, Minnesota CONTACT PERSON: Daniel J. Donahue, City Manager City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 (612) 533 -1521 PREPARED BY: Jeannine Dunn TABLE OF CONTENTS Page Introduction . . . . . . . . . . . . . . . . . . . . . . . Statutory Checklist . . . . . . . . . . . . . . . . . . . . Environmental Checklist . . . . . . . . . . . . . . . . . . Discussion Comments. . . . . . . . . . . . . . . . . . . . Exhibit A - New Hope Zoning Map . . . . . . . . . . . . . . Exhibit B - New Hope Vacant Land Study, page 28 . . . . . . Exhibit C - Section 4.08A3 of the New Hope Code . . . . . . Exhibit D - Subsurface Soil Investigation . . . . . . . . . Exhibit E - Noise Assessment . . . . . . . . . . . . . . . . Exhibit F - Air Quality Component Exemption Letter. . . . . Exhibit G - Community Profile . . . . . . . . . . . . . . . Exhibit H -New Hope Parks . . . . . . . . . . . . . . . . . INTRODUCTION The City of New Hope proposes to utilize Community Development Block Grant (CDBG) funds to assist in the development of 26 units of housing designed for the handicapped. The CDBG funds will be utilized for underground parking and other accessibility amenities, as well as building safety measures, that either cannot be included in the mortgage, or in excess of the maximum mortgage allowed, or cannot be covered by local fund raising efforts. The subject site is located at approximately 45th and Xylon Avenues in the City of New Hope. It is currently a vacant portion of the property located immediately to the east occupied by the Winnetka Center. The project proposes to become a separate legal parcel through the subdivision process. The subject site is 48,519 square feet in area. Exhibit A is a map of the City demonstrating the location of the site. The following is an Environmental Assessment Checklist prepared to comply with Federal regulations applicable to the CDBG program. Questions about this report should be referred to the City of New Hope, 4401 Xylon Avenue North, New Hope, MN, 55428. Statutory Checklist Checklist of Applicable Statutes and Regulations Project Name and Identification No. New Hope Handicapped Housing Project 45th an�p. X yy on Av Are all activities of this project exempt from NEPA proCeclures? L Yes Z No (If ves, this Statutory Checklist need not be filled out.) Are activities of this project categorically excluded from NEPA procedures? �] Yes ❑ No (If ves, this Statutory Checklist and all required actions must be completed.) Area of Statutory -- Regulatory Compliance o� C` '` D c' fi y``" ` �y fi (Precise citations for applicable statutes and regulations are printed �4 °fi on the back of this Checklist. Full c Q + �` � �F' ;`° Note Compliance Documentation discussion of each is provided in ; ' fi y fi ;� �F' �``QQ�° C °fiD�`°fi Appendix B of this Guide.) *Attach evidence that required actions have been taken. nated the tory od plain Ins.Studyy anuary -81 a protected ection ebruary -90 ptable New Hope uary -90 from 3 knowledge g Official rvstal ions f area City by a private lid waste --bruary -90 f the area ial 22 Vacant site, note desi Historic Properties X as a historic place pe State or National Dire Floodplain Management X Site not located in fl City of New Ho e Flood L — Wetlands Protection X Project not located in wetland per visual ins Bldg Offle-i-al 26-1 Noise X y Site falls within "Acc Guidelines" per City o Air Quality Per Air Quality letter X Minneapolis YU$ Of ice o er- Manmade Hazards Per visual inspection of area by City Buildi Thermal /Explosive Hazards Per consultation with Airport Clear Zones X A rport Height Restric Water Quality Per general knowledge Navigable Waters X No negative impacts pe Aquifers X 5-M a rch- 90 Solid Waste Disposal X Project will be served contractor to remove s Coastal Areas Per general knowledge Coastal X Per City Building Offi Zone Management Coastal X Same as above Barrier Resources Endangered Species X Same as above *Attach evidence that required actions have been taken. nated the tory od plain Ins.Studyy anuary -81 a protected ection ebruary -90 ptable New Hope uary -90 from 3 knowledge g Official rvstal ions f area City by a private lid waste --bruary -90 f the area ial 22 Data Sources and Documentation T, .h 23 Consulted the National and State Register of Historic Properties Historic Places, available from the State Historic Preservation Office Consulted the City of New Hope Flood Insurance Stud, Floodplain Management Federal Emergency Management Association, Map #2701770001B (2 January 1981) Consulted the City of New Hope Zoning Map and Wetlands Protection Section 4.17 of the New Hope Code; also visual inspection of the site Performed a noise assessment pursuant to the U.S. Noise Department of Housing and Urban Development Guide- lines Further study not required per letter from Air Quality Minneapolis HUD Office dated 31 October 1983 Manmade Hazards Consulted the City Building Official for visual inspection (26 February 1990) Consulted with City Engineer regarding water qualit Water Quality issues for storm water generated by the site (5 March 1990) Solid Waste Disposal City of New Hope Code, Section 9.111 City Manager's Office Coastal Areas Not applicable Endangered Species i Not applicable Property not zoned agricultural per City of New Farmlands Protection Hope Zoning Code Map Wild and Scenic Rivers Not applicable Development of the project must be in compliance wig State or Local Statutes Chapters 3, 4, and 13 of the New Hope Code, and the' Uniform Building Code. T, .h 23 O♦ Originating Department Approved for Agenda Agenda Section City Manager ni 7-23-90 Item No. By: Kirk McDonald, MA By: 6.8 RESOLUTION APPROVING THIRD PARTY AGREEMENT BETWEEN CITY OF NEW HOPE AND THE NEW HOPE REVITALIZATION CORPORATION TO UTILIZE YEAR XV COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR WINNETKA WEST BARRIER -FREE HOUSING PROJECT; AUTHORIZING MAYOR AND CITY MANAGER TO SIGN The Department of Housing and Urban Development requires that a Third Party Agreement between the City of New Hope and the New Hope Community Revitalization Corporation be executed in order that Year XV (fy 1 ) Community Development Block Grant (CDBG) funds may be utilized for the Winnetka West Barrier -Free Housing Project. On March 13, 1989, the City Council approved Resolution No. 89 -57 stipulating that $70,201.00 from the Year XV funding be utilized for this purpose. Staff recommends approval of the resolution. MOTION BY TO: r .L Review: Administration: SECOND BY Finance: W0 CITY OF NEW HOPE RESOLUTION NO. 90-131 RESOLUTION APPROVING THIRD PARTY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE NEW HOPE REVITALIZATION CORPORATION TO UTILIZE YEAR XV COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR WINNETKA WEST BARRIER -FREE HOUSING PROJECT; AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN WHEREAS, the Third Party Agreement between the City of New Hope and and New Hope Community Revitalization Coroporation to utilize Year XV Community Development Block Grant (CDBG) Funds for Winnetka West Barrier -Free Housing Project has been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that Third Party Agreement between the City of New Hope and the Comuunity Revitalization Corporation is hereby approved and the Mayor and City Manager are authorized to sign.. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 23rd day of July, 1990. a � ; � ( cr Mayor Attest: xe City Clerk Maw GATE: July 10, 1990 TO. Kirk McDonald, City of New Hope FROM:° Barbara Hayden; Office of Planning & Development SUBJECT: THIRD PARTY AGREEMENTS /WINNETKA WEST /YEAR XV Accompanying are three original copies of the Third Party Agreement between the city of New Hope and the New Hope Community Revitalization Corporation. The contractual agreement is required by HUD in order that CDBG funds may be utilized for the barrier free housing project. Similar agreements will be required for the proposed Year XVI funding. One original copy of the executed agreement must be returned to our office. The city and the local non - profit corporation may each keep an original copy of the agreement. Please contact me if you have any questions. BH:tf Enclosures 4401 Xyton Avenue North New Hope, Minnesota 55428 Phone: 533 -1521 July 25, 1990 Ms. Barb Hayden Urban Hennepin County Citizen Advisory Committee Department of Planning and Development 822 South Third Street, #310 Minneapolis, .MM 55415: The New Hope City Council, at its meeting of July 23, 1990, approved the fore - mentioned agreement between the City of New Hope and the New Hope Revitalization Corporation to utilize Year XV CDBG funds for the Winnetka West Barrier -free housing project. Attached is a: fully executed copy for your files and a certified resolution. Sincerely, Valerie Leone City Clerk enc. Family Styled City For Family Living THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This agreement made and entered into by and between the City of New Hope (City) and the New Hope Community Revitalization Corporation (Provider). WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint coopera- tion agreement executed between the City and Hennepin County pursuant to MSA 471.59, and WHEREAS, the City has executed a subrecipient agreement with Hennepin County which allocates $70,201.00 from the Year XV (FY 1989) Urban Hennepin County CDBG program for the purpose of supporting the activities as identified in Exhibit 1, attached and a part of this agreement, hereinafter referred to as "activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by the United States Department of Housing and Urban Development (HUD), shall apply to activity. 2. The Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the activity. Procurement shall be carried out in accordance with the OMB Circular A -110. The Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. 3. The Provider shall be responsible for carrying out any acquisi- tions of real property necessary for implementation of activity. The Provider shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Provider shall be responsible for preparation of all notices, appraisals, and documen- tation required in conducting acquisition under the latest appli- cable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. 4. The Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti - displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the activity. 5. The Provider shall maintain records for the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A -110 and A -122, as applicable. All records shall be made available, upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Provider in implementation of activity, and the Provider agrees to provide all information required by any person authorized by the City to request such information from the Provider for the purpose of reviewing the same. 6. The Provider shall take all necessary actions required to implement activity and to comply with any related requests by the City, it being understood that the City has responsibility to Hennepin County for insuring compliance with such requirements. The Provider also will promptly notify the City of any changes in the scope or character of activity. 7. The Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by the Provider under this Agreement. 8. The City agrees to provide the Provider with CDBG funds in such amounts as agreed upon in this Agreement to enable the Provider to carry out activity. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall therefore make no payment of funds to the Provider and draw no funds from Hennepin County on behalf of a Provider, prior to having received from the Provider a request for reimbursement including copies of all documents and records needed to insure that the Provider has complied with all appropriate requirements. 9. The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on activity. The Provider shall notify the City prior to initiating activity, including advertising for contractual services which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 10. The City agrees to provide technical assistance to the Provider in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Provider, and at other times, at the initiative of the City, when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to the Provider. 11. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term of this Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Provider under this Agreement may not be obligated or expended by the Provider following such date of termination. Any funds allocated to the Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 12. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement approved by Hennepin County through its Office of Planning and Development and properly executed by the authorized representatives of the parties. All amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any amendment. 13. All data collected, created, received, maintained or disseminated for any purpose by the Provider in the performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minne- sota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as federal regulations on data privacy. 14. During the performance of this Agreement, the Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. 15. The effective date of this Agreement is July 1, 1989. The termina- tion date of this agreement is December 31, 1990, or at such time as activity is satisfactorily completed prior thereto. Upon expira- tion, the Provider shall relinquish to the City all program funds unexpended or uncommitted for the activity. 16. Any program income as a result of the activity shall be returned immediately to the City upon receipt and the provisions of 24 CFR 570.504 shall apply. 17. Any real property acquired or improved as a result of activity, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; b. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. 18. The following standards shall apply to real property acquired or improved as a result of activity, in whole or in part: a. The Provider shall inform the City at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. b. The Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attribut- able to expenditures of non -CDBG funds) of property acquired or improved as a result of activity that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. 19. The Provider agrees to provide City with an annual audit report consistent with OMB Circular A -110, Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations and OMB Circular A -122 Cost Principles for Non - profit organizations. a. The audit report is to be provided to City on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within six (6) months of the provision date. b. The audit may not be paid from CDBG funds. C. City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. 20. The Provider shall comply with the general condition of 24 CFR 570.200, particularly sections; (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional Prohibitions Concerning Church /State Activities). 21. The Provider as appropriate shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures estab- lished in 24 CFR 570.608. Provider, having signed this Agreement, and the City of New Hope having duly approved this Agreement on July 23 , 1990, and pursuant to such approval the parties hereto agree to be bound by the provisions herein set forth. IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this 24thday of Julz , 1990. Upon proper execution, this Agreement will be legally valid and binding. CITY OF NEW HOPE STATE OF MINNESOTA LZ and Its City Wager We 819 Vw" t THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK The following activity shall be carried out by the Provider under the terms of this Agreement and the details and processes set forth below: 1. ACTIVITY: 202 Housing Project /Winnetka West 2. LOCATION: ADDRESS: 8151 45th Avenue North CENSUS TRACT: 215.03 3. NUMBER: 072 4. BUDGET: $70,201 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Assistance will be provided to a neighborhood based non - profit to provide amenities for the proposed 202 housing project. The project is a 26 -unit barrier free housing complex. CDBG funds will be utilized for such items as parking facilities, interior sprinkler system, roll -in showers and second bedrooms which cannot be supported by the mortgage allowed by HUD under the 202 program. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity. [X] Supplemental Agreement [ ] Non - Profit Agency [ ] Public Agency [ ] Other An agreement must be executed with any other agency providing a service or implementing an activity on behalf of Provider. Said agreement must contain all pertinent sections contained in Third Party Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1990. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [ ] Categorically Excluded /Exempt (CE /EX) [ ] Assessment Required (AR) [X] Funds Released (FR) Date: 05/16/90 [X] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [X] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low - moderate income household in accordance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy, pursuant to Section 104(d) of the Housing and Community Develop- ment Act of 1974, as amended. [X] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate - income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [ ] Limited Clientele [X] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM This agreement made and entered into by and between the City of New Hope (City) and the New Hope Community Revitalization Corporation (Provider). WITNESSETH: WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a joint coopera- tion agreement executed between the City and Hennepin County pursuant to MSA 471.59, and WHEREAS, the City has executed a subrecipient agreement with Hennepin County which allocates $70,201.00 from the Year XV (FY 1989) Urban Hennepin County CDBG program for the purpose of supporting the activities as identified in Exhibit 1, attached and a part of this agreement, hereinafter referred to as "activities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by the United States Department of Housing and Urban Development (HUD), shall apply to activity. 2. The Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the activity. Procurement shall be carried out in accordance with the OMB Circular A -110. The Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. 3. The Provider shall be responsible for carrying out any acquisi- tions of real property necessary for implementation of activity. The Provider shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Provider shall be responsible for preparation of all notices, appraisals, and documen- tation required in conducting acquisition under the latest appli- cable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. 4. The Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti - displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the activity. 5. The Provider shall maintain records for the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A -110 and A -122, as applicable. All records shall be made available, upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Provider in implementation of activity, and the Provider agrees to provide all information required by any person authorized by the City to request such information from the Provider for the purpose of reviewing the same. 6. The Provider shall take all necessary actions required to implement activity and to comply with any related requests by the City, it being understood that the City has responsibility to Hennepin County for insuring compliance with such requirements. The Provider also will promptly notify the City of any changes in the scope or character of activity. 7. The Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by the Provider under this Agreement. 8. The City agrees to provide the Provider with CDBG funds in such amounts as agreed upon in this Agreement to enable the Provider to carry out activity. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall therefore make no payment of funds to the Provider and draw no funds from Hennepin County on behalf of a Provider, prior to having received from the Provider a request for reimbursement including copies of all documents and records needed to insure that the Provider has complied with all appropriate requirements. 9. The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on activity. The Provider shall notify the City prior to initiating activity, including advertising for contractual services which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 10. The City agrees to provide technical assistance to the Provider in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will be provided as requested by the Provider, and at other times, at the initiative of the City, when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to the Provider. 11. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term of this Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Provider under this Agreement may not be obligated or expended by the Provider following such date of termination. Any funds allocated to the Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the City. 12. Any material alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement approved by Hennepin County through its Office of Planning and Development and properly executed by the authorized representatives of the parties. All amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any amendment. 13. All data collected, created, received, maintained or disseminated for any purpose by the Provider in the performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minne- sota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as federal regulations on data privacy. 14. During the performance of this Agreement, the Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. 15. The effective date of this Agreement is July 1, 1989. The termina- tion date of this agreement is December 31, 1990, or at such time as activity is satisfactorily completed prior thereto. Upon expira- tion, the Provider shall relinquish to the City all program funds unexpended or uncommitted for the activity. 16. Any program income as a result of the activity shall be returned immediately to the City upon receipt and the provisions of 24 CFR 570.504 shall apply. 17. Any real property acquired or improved as a result of activity, in whole or in part, using CDBG funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; b. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. 18. The following standards shall apply to real property acquired or improved as a result of activity, in whole or in part: a. The Provider shall inform the City at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. b. The Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attribut- able to expenditures of non -CDBG funds) of property acquired or improved as a result of activity that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. 19. The Provider agrees to provide City with an annual audit report consistent with OMB Circular A -110, Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations and OMB Circular A -122 Cost Principles for Non - profit organizations. a. The audit report is to be provided to City on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within six (6) months of the provision date. b. The audit may not be paid from CDBG funds. C. City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. 20. The Provider shall comply with the general condition of 24 CFR 570.200, particularly sections; (f) (Means of Carrying Out Eligible Activities); and (j) (Constitutional Prohibitions Concerning Church /State Activities). 21. The Provider as appropriate shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures estab- lished in 24 CFR 570.608. Provider, having signed this Agreement, and the City of New Hope having duly approved this Agreement on July 23 , 1990, and pursuant to such approval the parties hereto agree to be bound by the provisions herein set forth. IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this24th day of July , 1990. Upon proper execution, this Agreement will be legally valid and binding. is City Maiiager PROVIDER THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK The following activity shall be carried out by the Provider under the terms of this Agreement and the details and processes set forth below: 1. ACTIVITY: 202 Housing Project/Winnetka West 2. LOCATION: ADDRESS: 8151 45th Avenue North CENSUS TRACT: 215.03 3. NUMBER: 072 4. BUDGET: $70,201 5. BENEFIT: L/M (Limited Clientele) 6. DESCRIPTION: Assistance will be provided to a neighborhood based non - profit to provide amenities for the proposed 202 housing project. The project is a 26 -unit barrier free housing complex. CDBG funds will be utilized for such items as parking facilities, interior sprinkler system, roll -in showers and second bedrooms which cannot be supported by the mortgage allowed by HUD under the 202 program. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity. [X] Supplemental Agreement [ ] Non - Profit Agency [ ] Public Agency [ ] Other An agreement must be executed with any other agency providing a service or implementing an activity on behalf of Provider. Said agreement must contain all pertinent sections contained in Third Party Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1990. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [ ] Categorically Excluded /Exempt (CE /EX) [ ] Assessment Required (AR) [X] Funds Released (FR) Date: 05/16/90 [X] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti- Kickback) Act. All federally funded or assisted construction contracts or subcontracts of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. - Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [X] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a direct result of activity shall be replaced and relocation assistance shall be provided to each displaced low - moderate income household in accordance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy, pursuant to Section 104(d) of the Housing and Community Develop- ment Act of 1974, as amended. [X] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate - income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [ ] Limited Clientele [X] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ ] Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements CORRICK LAW OFFICES, P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL. P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT August 31, 1990 Mr. Larry Watts Finance Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Acquisition of Winnetka Housing Site Our File No. 99.11052 Dear Larry: West Physically Handicapped LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY Confirming our telephone conversation, we need checks payable to the following parties in the indicated amounts to conclude the acqusition of the property for the Winnetka West housing site: First Trust National Association - $107,658.00 Hennepin County Treasurer - 95,133.51 The EDA's total expenditure is $202,791.51. The additional $2,791.51 is our allocated share of the 1990 real estate taxes applicable to the property we acquired. Pursuant to our condemnation settlement agreement, we stipulated damages from the taking at $200,000.00. Enclosed is a copy of the Stipulation justifying this payment for the City's auditing records. Also, we are paying $650.00 more in real estate taxes than I originally told Kirk. This is due to the fact that Minn. Stat. §272.68 requires us to calculate our share of taxes from the date the petition was filed and not the date of our possession. Since we filed the petition some time ago, we are responsible for the additional amount. If you have any questions, please do not hesitate to contact me. cc: Daniel J. Donahue Kirk McDonald CORRICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS 3811 WEST BROADWAY ROBBINSDALE, MINNESOTA 55422 TELEPHONE (612) 533-2241 FAX(612)533 -2243 Mr. Larry Watts Finance Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Acquisition of Winnetka Housing Site Our File No. 99.11052 Dear Larry: West Physically Handicapped LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY Confirming our telephone conversation, we need checks payable to the following parties in the indicated amounts to conclude the acqusition of the property for the Winnetka West housing site: First Trust National Association - $107,658.00 Hennepin County Treasurer - 95,133.51 The EDA's total expenditure is $202,791.51. The additional $2,791.51 is our allocated share of the 1990 real estate taxes applicable to the property we acquired. Pursuant to our condemnation settlement agreement, we stipulated damages from the taking at $200,000.00. Enclosed is a copy of the Stipulation justifying this payment for the City's auditing records. Also, we are paying $650.00 more in real estate taxes than I originally told Kirk. This is due to the fact that Minn. Stat. §272.68 requires us to calculate our share of taxes from the date the petition was filed and not the date of our possession. Since we filed the petition some time ago, we are responsible for the additional amount. If you have any questions, please do not hesitate to contact me. cc: Daniel J. Donahue Kirk McDonald Originating Department I Approved for Agenda I Agenda Section City Manager Na-10-90 Item No. By: Kirk McDonald, MA By: W � 1 4 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR WINNETKA WEST BARRIER-FREE HOUSING COMPLEX AND AUTHORIZING THE PRESIDENT AND EXECUTIVE DIRECTOR TO SIGN The City Attorney has prepared the enclosed Development Agreement for the Winnetka West Barrier-Free Housing Complex. The agreement states that the EDA and the New Hope Community Revitalization Corporation desire to assist such development by providing Federal Community Development Block Grant Funds to the New Hope Non - Profit Housing Corporation. The agreement details the construction and operation of the project and the use of the CDBG funds. The enclosed resolution approves the agreement and authorizes the President and Executive Director of the EDA to execute the agreement. Staff recommends approval of the resolution. MOTION BY SECOND BY To. ZLO 6, Review: Administration: Finance: EDA RESOLUTION NO. 90- 6 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR WINNETKA WEST BARRIER-FREE HOUSING COMPLEX AND AUTHORIZING THE PRESIDENT AND EXECUTIVE DIRECTOR TO SIGN BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the Development Agreement for Winnetka West Barrier-Free Housing Complex is hereby approved and accepted. 2. That staff may make whatever changes it deems appropriate without further approval from the EDA. 3. That the President and Executive Director are hereby authorized to execute the agreement on behalf of the EDA. Dated this _10th day of September, 1990. Z < 6 6 wa L r J. Erickson, President Attest. Daniel J. Donahue, Executive Director DEVELOPMENT AGREEMENT FOR WINNETKA WEST BARRIER-FREE HOUSING COMPLEX / IV THIS AGREEMENT, Made as of the .' / r — day of 1990, between THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a body politic and corporate under the laws of the State of Minnesota, having its principal office at 4401 Xylon Avenue North, New Hope, Minnesota 55428 (the "EDA"), THE NEW HOPE COMMUNITY REVITALIZATION CORPORATION, a Minnesota non-profit corporation (the "Corporation"), and NEW HOPE NON-PROFIT HOUSING, INC., a Minnesota non-profit corporation ("New Hope"). ovall-W A. New Hope intends to construct an apartment building to be leased to physically handicapped persons of low, moderate or very low income on property (the "Property") located in the City of New Hope, County of Hennepin, Minnesota, legally described as follows: Lot 1, Block 1, Winnetka West. B. The EDA and the Corporation desire to assist such development by providing Federal Community Development Block Grant Funds (the "CDBG Funds") to New Hope to assist with the purchase of the Property, and New Hope desires to receive the CDBG Funds, all on the terms and conditions herein set out. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein set out, the parties hereto agree as follows: Section 1. Definitions. The following words have the following meanings as used herein: "CDBG Funds" means the Federal Community Development Block Grant Funds received by the City or the EDA from Hennepin County, Minnesota to assist the Project. "City" means the City of New Hope. "Completion Date" means September 30, 1991, or if HUD or any other holder of a first mortgage lien on the Property requires that it determine the Completion Date, then the date shall be September 30, 1991, or the completion date determined by HUD or such first mortgage holder, whichever is later. "HUD" means the United States Department of Housing and Urban Development. "Low, Moderate or Very Low Income Apartments" means apartments in the Project leased or held for leasing to individuals who, on the date of initial occupancy, are physically handicapped persons (or if there be more than one occupant, at least one of which is then a physically handicapped person), and who are Low, Moderate or Very Low Income Lessees. "Low, Moderate or Very Low Income Lessees" means an individual who or family which is to be a lessee in the Project and who or which has an adjusted gross income which is equal to or less than the precentage established from time to time by HUD (for low, moderate or very low income lessees) of the median family income established from time to time by HUD for the Minneapolis-St. Paul Standard Metropolitan Statistical Area. "Plans" means the plans, specifications, drawings and related documents for the Project approved in writing by the City, and as the same may be changed by specific change approved in writing by the City. "Project" means the Property, and the apartment building containing 12 one bedroom units and 14 two bedroom units, together with appurtenant enclosed and exposed parking spaces, landscaping, driveways and sidewalks, to be constructed on the Property pursuant to the Plans. "Property" means the real estate in the City described on Exhibit A attached hereto and hereby made a part hereof. "Substantial Completion" means when the Project shall have been issued an FHA Final HUD Representative's Trip Report (form HUD-5379) certifying that the Project is 100% complete. Section 2. Construction and Operation of the Project. 2.1 New Hope agrees to construct the Project on the Property in substantial compliance with the Plans. 2.2 New Hope agrees to fully and promptly comply with all applicable (i) provisions of Section 202 of the United States Housing Act of 1959, as amended, (ii) codes, ordinances, statutes, rules, regulations and Executive Orders (local, state and federal) relating to the construction, use and maintenance of the Project, including, without limitation, Title 24, Code of Federal Regulations, Part 570, except as the same may have been properly and effectively waived or varied by the City, or its duly acting boards or commissions, and (iii) conditions imposed in connection with any such waivers or variances, all of which items referred to at (i), (ii) and (iii) above are hereby incorporated herein and made a part hereof as if fully set forth herein. 0 2.3 New Hope agrees to commence construction of the Project as soon as possible, but, in any event, not later than September 30, 1990, and thereafter to diligently pursue the same to completion, and, in any event, to substantially complete the same by not later than the Completion Date. 2.4 New Hope agrees not to make any changes in the Plans which require authorization by the City or action by the City Council pursuant to the zoning ordinance of the City, without first receiving, in each instance, the written approval of the Executive Director of the EDA; provided, however, and the EDA hereby agrees, that the EDA shall be deemed to have approved any requested changes if the EDA should fail to respond to any such request within thirty (30) days of New Hope's filing of a request with the EDA. 2.5 New Hope agrees to provide a one hundred (100%) percent payment and performance bond (which may also name other parties in interest, such as HUD) to insure that construction of the Project will be completed as required and that all costs of construction will be paid. The EDA agrees to accept security given by New Hope or New Hope's general contractor to HUD, provided such security is acceptable to HUD as to amount and terms and conditions thereof. The security required by this paragraph shall be, and is hereby determined to be, the only guaranty or security necessary, in the public interest, in connection with the Project. 2.6 The EDA agrees to provide a certificate of completion on or within a reasonable time after Substantial Completion relating solely to the obligations of New Hope to construct the Project. Such certificate shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of New Hope to construct the Project. If the EDA shall refuse or fail to provide any certificate in accordance with this provision, the EDA shall, within thirty (30) days after written request by New Hope, provide New Hope with a written statement showing in adequate detail in which respect New Hope has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the EDA, for New Hope to take or perform in order to obtain such certificate. Each certificate provided for in this provision shall be in such form as will enable it to be recorded in the proper office for the giving of constructive notice thereof relative to the Property. 2.7 New Hope agrees not to assign, transfer, convey or pledge all or any part of its interest in this Agreement, the Property or the Project (other than in connection with a first 3 mortgage insured or guaranteed by HUD or other financing approved by HUD) to any person, corporation or partnership, without first receiving the prior written consent of the EDA. 2.8 New Hope shall fully comply with all applicable federal and state laws, rules and regulations relating to discrimination in the leasing of, or in the use or occupancy of, the Project, and such laws, rules and regulations shall control over any contrary provisions in this Agreement. 2.9 New Hope agrees that at all times during the term of this Agreement there shall be in the Project Low, Moderate or Very Low Income Apartments totalling not less than (i) twenty-six (26) or (ii) such lesser number, but not less than fourteen (14), as HUD and the County of Hennepin shall have approved in writing. It is agreed that the requirements of this paragraph shall not be met by benefitting Moderate Income Lessees to the exclusion of Low or Very Low Income Lessees. The HRA and the Corporation shall be given a copy of each and every such approval by HUD and the County of Hennepin. 2.10 New Hope hereby agrees, for the purpose of determining compliance with the requirements of paragraph 2.9 hereof, (i) to maintain at the Project or at an office in the Minneapolis-St. Paul Standard Metropolitan Statistical Area, written notice of the address of which shall be given to the EDA and to the Corporation, all applications to lease, all leases and all correspondence and other records relating to actions taken on applications and leases, for a period of three (3) years from the dates of the respective documents, and to allow all such records to be reviewed and copied by the EDA and the Corporation, and their agents or representatives, at all reasonable times, and (ii) to allow the EDA and the Corporation and their agents and representatives, to enter upon and inspect the Project and to speak with lessees thereof after reasonable notice, either verbal or written, provided to Westminister Management Corp. 2.11 If, for any reason, New Hope, at any time on or prior to the twelfth (12th) anniversary of the Completion Date, fails or refuses to have at least the minimum number of Low, Moderate or Very Low Income Apartments in the Project as required by Paragraph 2.9 hereof, and if such failure or refusal continues for ninety (90) days or longer from and after the date the EDA or the Corporation gives notice to New Hope of such failure, then New Hope shall pay to the Corporation, promptly upon demand made by the EDA or the Corporation, all of the CDBG Funds paid to New Hope pursuant hereto in the amount of Two Hundred Thirty-Four Thousand Four Hundred Eighty-one and no/100 Dollars ($234,481.00), with interest thereon at eleven (11%) percent per annum from and including the date of payment of such funds to New Hope, until repaid. The Corporation shall pay to the EDA or City all such funds received from New Hope promptly upon receipt by the R Corporation. If said funds, with interest, are not so paid to the Corporation, the City, the EDA and the Corporation may exercise any and all remedies then available to them at law and in equity to recover such sum, with interest, and New Hope agrees to pay all costs of collection, including, without limitation, reasonable attorney's fees, whether suit be brought or not, incurred by the City, the EDA or the Corporation in recovering said funds and interest thereon, including interest on such costs of collection at the same rate as is payable with respect to the CDBG Funds, from the dates such costs are incurred until paid by New Hope. 2.12 New Hope agrees to assume all obligations of the Corporation under the terms of two separate documents entitled Third Party Agreement Urban Hennepin County Community Development Block Grant Program that the Corporation entered into with the City. New Hope acknowledges receiving copies of said Third Party Agreements and they shall be made a part of the herein Development Agreement as if they were fully set forth herein. New Hope further agrees to indemnify and hold harmless the Corporation, EDA and City, their respective officers, officials, directors, employees, agents or representatives of any kind for any and all damages or claims resulting from the failure of New Hope to comply with said Third Party Agreements This indemnification and hold harmless provision shall include the payment of any and all costs including reasonable attorney's fees incurred by the indemnified parties. Section 3. CDBG Funds 3.1 New Hope represents that it intends to acquire fee simple title to the Property and construct the Project as soon as possible hereafter, and that, for such purpose, and in order to make the Project financially feasible, it needs to receive from the Corporation the sum of Two Hundred Thirty -Four Thousand Four Hundred Eighty -one and no /100th Dollars ($234,481.00). 3.2 Based on such representation the Corporation agrees to pay to New Hope the sum of Two Hundred Thirty -Four Thousand Four Hundred Eighty -one and No /100th Dollars ($234,481.00) from the CDBG Funds made available to the Corporation by the City or the EDA. Such sum shall be paid to the Corporation, and to New Hope, on the date on which New Hope is to acquire fee ownership of the Property (provided notice of such date is given to the Corporation at least five (5) days before such date). It is understood and agreed that such sum of Two Hundred Thirty -Four Thousand Four Hundred Eighty -One and No /100 Dollars ($234,481.00) shall be made available to New Hope only from CDBG Funds then available to the Corporation and useable for the Project. The EDA and the Corporation represent that said CDBG Funds are now available for the Project, and will be paid as herein provided; however, it is agreed by New Hope that the City, the EDA and the Corporation, and their respective officers, elected officers, employees and representatives, shall have no liability or obligation of any kind, for damages or otherwise, to New Hope or any other person, if, for any reason said CDBG Funds are not available to them, or for the Project, and New Hope hereby waives, and releases the City, the EDA and the Corporation and their respective officers, elected officers, employees and representatives from, any and all claims for damages or otherwise, if, for any reason, said CDBG Funds are not available to them, or for the Project. 3.3 New Hope agrees and represents that the CDBG Funds shall be used only for the Project and then only as allowed by applicable state and federal statutes, rules, regulations and Executive Orders, including, without limitation, Title 24, Code of Federal Regulations, Part 570. 3.4 Anything in this Agreement to the contrary notwithstanding, if, for any reason, the CDBG Funds have not been paid over to New Hope by 5:00 p.m. on September 30, 1990, then all obligations of every kind of the City, the EDA and the Corporation under this Agreement, to pay to New Hope any CDBG Funds, shall automatically cease and terminate. Section 4. Miscellaneous; Running Covenants; Binding on Successors and Assigns. 4.1 No director, officer, member, official or employee of the EDA, the Corporation or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, elected or appointed official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. No director, officer, member, elected or appointed official, agent, employee or representative of the EDA, the City or the Corporation shall be personally liable under this Agreement or any agreement or document executed and/or delivered pursuant to this Agreement, for any reason or cause whatsoever, to any person or party whomsoever, except in the case of willful misconduct. 4.2 Any titles of the Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions or the intent of any party hereto. Use in this Agreement of "herein", "hereto", "hereunder" and "hereof", or similar words, shall mean and refer to this Agreement, and not just the Section or paragraph in which such word appears, unless the contrary is clearly stated. 1.1 4.3 Except as otherwise expressly provided in this Agreement, a notice, demand, request or other communication required or permitted under this Agreement to be given by any party to the other shall be sufficiently given if in writing and, if delivered, when personally delivered to an officer of the party to whom it is addressed, or, if mailed, when deposited in the United States mail and sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: In the case of the EDA: 4401 Xylon Avenue North New Hope, MN 55428 Attn: Executive Director In the Case of the Corporation: New Hope Community Revitalization Corp. 4401 Xylon Avenue North New Hope, MN 55428 Attn: President In the Case of New Hope: c/o Westminister Management Corp. 328 West Kellogg Blvd. St. Paul, MN 55102 In the Case of Westminister Management Corp.: Westminister Management Corp. 328 West Kellogg Blvd. St. Paul, MN 55102 or at such other address (or to the attention of such other person) with respect to any such party as that party may, from time to time, designate by notice given to the other parties as provided in this paragraph. 4.4 Wherever in this Agreement the consent or approval of the EDA or the Corporation or New Hope is expressly or impliedly required, or is requested, such consent or approval shall not be unreasonably withheld. Whenver such consent or approval is withheld, and the person seeking such consent or approval claims that such withholding is unreasonable, the only remedy of the person seeking such consent or approval shall be specific performance or mandatory injunction, but, in no event, shall money damages be claimed or paid. Consent or approval given by VA any party for any specific act or thing shall not be deemed to be a consent or approval to any subsequent act or thing of the same or any other kind. 4.5 New Hope hereby agrees to hold the EDA, the Corporation and the City and their respective officers, elected and appointed officials, employees, agents and representatives, harmless from and indemnified against any and all loss, cost, damage and expenses, including, without limitation, reasonable attorneys' fees and expert witness fees, and travel associated therewith, and together with interest upon all such amounts to the extent suffered or incurred by the EDA, the Corporation, the City or any such other persons, due to claims or demands of any kind whatsoever arising out of the design, construction, operation, maintenance, repair, use marketing or leasing of all or any part of the Project. New Hope shall defend all'such claims and demands at its costs and with attorneys acceptable to the EDA and the Corporation. 4.6 This Agreement is the entire agreement between the EDA, the Corporation and New Hope relating to the Project, and there are no other covenants, terms, provisions or understandings, written or oral, between the EDA, the Corporation and New Hope relating to the Project. This Agreement may be amended and modified only by written agreement signed by the EDA, the Corporation and New Hope with the same formality as this Agreement, and no amendment or modification shall be binding on the parties or have any effect unless so made. 4.7 This Agreement is not intended to, and does not, create a partnership or a joint venture between the EDA, the Corporation or New Hope, and no act or failure to act by any of said parties shall impose or result in any partnership liability or obligation on any of the other of said parties. 4.8 All exhibits and schedules referred to herein or attached hereto are hereby made a part hereof as if fully set forth herein. 4.9 The EDA, the Corporation and New Hope recognize that although the covenants of this Agreement may burden New Hope's fee title to the Project, nonetheless the assistance given 'to New Hope in connection with construction of the Project constitutes a significant social and financial benefit to New Hope. Therefore, New Hope specifically agrees that the burden upon New Hope and its title to the Project is reasonable, acceptable and not unconscionable or against public policy in any way, given the other benefits to New Hope. M 4.10 In amplification, and not in restriction, of the provisions of the preceding paragraph, it is intended and agreed that the City, the EDA and the Corporation, their respective successors and assigns, shall be deemed beneficiaries of the agreements and covenants provided in this Agreement, both for and in their own right, and also for the purposes of protecting the interest of the City and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided without regard to whether the City, the EDA or the Corporation has at any time been, remain or is an owner of any land or interest to which, or in favor of which, such agreements and covenants relate. Also, the City, the EDA or the Corporation, or their respective successors and assigns, shall have the right, in the event of any breach of any of the agreements or covenants in this Agreement, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings, to abate, prevent or enjoin such breach, or to specifically enforce such covenants or agreements, or to take whatever action is required to cure the breach, including, without limitation, payments to others, or performance on behalf of the New Hope, or to recover monetary damages caused by such breach, and the breaching party shall pay all costs of such actions or suits, including reasonable attorneys' and witness fees, whether suit be brought or not. No delay in enforcing the provisions of this Agreement shall impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or any similar breach at any later time or times. 4.11 It is expressly intended and agreed by the parties hereto that each of the foregoing agreements and covenants in this Agreement shall be construed to be, deemed, and are hereby declared to be, covenants running with the Property, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, the EDA and the Corporation and their respective successors and assigns, against New Hope, its successors and assigns, and every successor in interest to the Property or Project, or any part of either thereof, and any interest in either thereof, and any party in possession or occupancy of the Property or Project, or any part of either thereof. Each and every transferee in any contract, lease, conveyance or other instrument hereafter executed covering or conveying all or any part of the Property or Project shall conclusively be held to have acquired such interest subject to the agreements and covenants of this Agreement, regardless of whether or not such agreements and covenants are set forth or referred to in, or specifically agreed to by, such transferee. 2 4.12 The obligation to paragraph 2.11 hereto shall b of the first mortgage (the "H Hope on the Property in favor cease and terminate (i) upon redemption, without redemptio pursuant to foreclosure of th recording of a deed to HUD gi HUD Mortgage. repay the CDBG Funds as set out in e, and is, subordinate to the lien UD Mortgage") to be placed by New of HUD, and said obligation shall expiration of the period of n, after the sale of the Property e HUD Mortgage and (ii) upon ven in lieu of foreclosure of the IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. NEW HOPE COMMUNITY REVITALIZATION CORP. By 2,, Z AUDC4 Its Secretary NEW HOPE NON-PROFIT HOUSING, INC. Its wi STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of 1990, by Edw. J. Erickson and Daniel J. Donahue, the President and Executive Director, respectively, of The Economic Development Authority in and for the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. co Notary Public th6"President and Secretary, "respectively, of the New Hope Revitalization Corp., a Minnesota non-profit corporation, on behalf of said non-profit corporation. Notary Public the New Hope Non-Profit Housing, Inc., a Minnesota non-profit corporation, on behalf of said non-profit corporation. �nm A se NOTARY PUBLIC--MINKSOOTA INDRALL Notary Pub is HENNEPIN COUNTY > My Commission Expires Nov. 9. 1993 11 CORRICK LAW OFFICES, P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT September 28, 1990 CORRICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS 3811 WEST BROADWAY ROBBINSDALE, MINNESOTA 55422 TELEPHONE (612) 533-2241 FAX (612) 533-2243 Mr. Kirk McDonald Management Asst./Comm. Devel. Coordinator City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Winnetka West Plat Our File No. 99.15026 Dear Kirk: LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY Please find enclosed for the City records an original executed copy of the Development Agreement for Winnetka West Barrier Free Housing Complex. This agreement should be kept with the City records in connection with this project. To summarize our transaction in this matter, we had a closing on September 24th, 1990. We provided the New Hope Non-Profit Housing, Inc. a Warranty Deed, a copy of which is also enclosed, conveying legal title to the site. I also provided the New Hope Non-Profit Housing, Inc. a check in the amount of $234,481.00. This check was issued to them by the New Hope Community Revitalization Corporation. A copy of said check and the purchaser's receipt for the bank check provided is also enclosed in this letter. It is my understanding that the New Hope Non-Profit Housing, Inc. will be closing their transaction with HUD on September 26th and subsequent thereto, will begin construction and development of the physically handicapped housing complex on the site. If you have any questions, please contact me. Very truly yours, St ven A. Sondrall slf Enclosures cc: Daniel J. Donahue Valerie Leone CORRICK LAW OFFICES. P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT September 5, 1990 Mr. Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CORRICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS 3811 WEST BROADWAY ROBBINSDALE, MINNESOTA 55422 TELEPHONE (612) 533-2241 FAX (612) 533-2243 RE: Development Agreement for Winnetka West Barrier-Free Housing Complex Our File No. 99.15026 Dear Kirk: LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY Please find enclosed a proposed Development Agreement for the referenced project for discussion at the September 11, 1990 meeting with Westminister. I trust you will provide copies to all concerned parties before the meeting. Also, we should get EDA approval of the agreement. Please place the enclosed Resolution on the EDA agenda for consideration at the Septemberlo, 1990 meeting. Very truly yours, Steven A. Sondrall slw Enclosures cc: Daniel J. Donahue Valerie Leone CORRICK LAW OFFICES, P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A, SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT 0 99 0 CORMCK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS 381 1 WEST BROADWAY ROBBINSDALF, MmiEsoTA 55422 TELEPHONE (612) 533 FAX (612) 533 Mr. Kirk McDonald Management Asst./C_omm. Devel. Coordinator City of vew hope 44UI Xylon Avanns North New Hope, RN 55426 RES hinnetka Kebt piat Our File .o . 99.13026 Dea r R i t W % LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY th c records an ozigina! please copy Or the npvnlopment Agreement for winnitka sent ear rier Fre)? 'VZO Housinq Complex. This aareemeOt ShOuld be kePt with the C ' t y recor6x in connectior wvth thil = To summarize onx traosactiOn 1 D this matter we had '" "On on pe ,�_ 24 199Q. "e provided the NeW We 9041- PEC"t '�teMbar whic4 is aluo enC10006, Hou !no. a Warranty WOO a COPY Ot sa conveyinq leqal title 0 the sit*- 1 a lso P rov " jed the " top '' Non-Profit Housing Inc. a check in the aMunt 0 '' S 214,481 - 00- This check Was iseu, to them by the New We COmmu"y Revita Corporation. A copy Oi said vheck and W� purchhasar,a receipt for tha bank check provided is mlaO en&Osed this letter. It is my understanding th th New Hope Son -Profit Housing, Inc. will be cloaing their transacLion with HUD on Eeptembet 26th and suosequent th will begin construction a nd devel Six rent of the physically haadicapped housing complex on the sit, . it you have any questiOnt, Please cOntact m very truly yoaxsr steven sondrall a I 1 Enclosures CC1 Daniel valerie J. Donahue Leone , ON of 64 k DATE 9 / 2O QO :.� CITY OF NEW HOPE, MINNESOTA NUMBER 5 5130 INVOICE DATE INVOICE NUMBER ITEM DESCRIPTION P.O. NUMBER NET AMOUNT , Handicapped „ housing f pro j ect It 4 6 61 $234,481.00 s REMITTANCE VOUCHER DETACH BEFORE USING AMOUNT $234 t� a <3� ,p I VI lVi //'1V ICI l V i tf�V VII 1 - / 11.. / /111♦ 1 V11 1 Vv� • ..vv v.. A M arquette Bank 94921 New Hope REMITTER New Hope, MN 55428 New Hope Commungit it4izatiot*, or 90 75-1521/910 PAYABLE TO NE3 O .Oil Profit us t c • „"••••• «•••,•°• MEMORANDUM i 9 FOR f j ERS CHECK ':09 10 1 S 2 1 1': SO L 000 SII'. No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Deal Estate Value No. ,19 County Auditor by _ Deputy STATE DEED TAX DUE HEREON: $ . . Date: —_- September 24 , 19 ,7p,. ,VAk ' ABLE CON.;ll ATION. h Te E conomi c Develop Authority in and for t City of lo p __ munic - corporat on under the laws of Minnesota , Grantor, hereby conveys and waiTants to New Hope N Housing, Inc. non profit corporation � under the laws of 1`li.n.�Iesota Grantee, a ,Taal property in Hennepin County, Minnesota, described as follows: Lot 1, Block 1, Winnetka West Iit -Wore space is neoded, continua m bock) toga thcr with all hcredtt,aments and appurtenances belonging thereto, subject to the following exceptions: TIIE ECONOMIC DEVELOPI IT AC''THORITY IN AND FOR THE CITY OF NEW HOPE A'.'f:.\. L), tila;IaplJerr By It Pr By , , t C L Its xec iv `r t?E65c STATE OF ALCM TEXAS COUNTY OF � � ss. The foregoing bras acknowledged before me this 24th day of SaPtember _ , 19 go , b _ ` Daniel J. Donahue _ and , the Execut D ixeQ tor' _ and o f The EccQno Developm Author i n and for the n e'laws of Rin , on behalf of the migil ci al corrnr.ati na NOTARIAL. STAt1tP OR SEAL (OR OTH$A TITL£ OA AANK)� _ n � tl �, 61f#11 ,TVRB Of PERSON TAKINO ACKNOWL$DGMENT J ax Statoman or th! teat rrbpert� d abrlba In this Instrument abotdd , cent tq (Ire u a narge and add»u of B rant** i THIS INSTRVNIENT WAS DRAFTED BY (NAME AND ADDR£SS):i CORRICK & SONI?RAI.L, A PARTNERS1lIP OF I PROFESSIONAL CORPORATIONS ,3811 West Broad i Robbinsdal.e, 1 55422 No. 1005Y.—Certificate of Acknowledgment—By Corporation Miller-Dariz Co., Minneapolis, Minn. estate o f MINNESOTA ................. ............ . . ........ County o ........... .................. On thi . ....... 2-5..t..h.d.y of..septgmbar- ............ 19-9.0-, before m e a.-,,N!?.tm Ii.c . y PR� ............ .............. .......... .......... within and for said County personally appeared E W. Erickson ................ 1.111.11- ...................... I .................................... ... and ..................................................................................................... ..................... to me personally known, who, being each by me, duty sworn .. ............................ say that they are respectively the wy .......... of . cl 0 The ffE6 Development " ** - * * ... ** *"' President and the ..................... ............................... jy 5f �g -m .......... ................................... ......... .. ........................... I I . -pora ton n in tke Authoritv in and for the foregoing instrument, and that said instrument was signed X=&wo in behalf of said corporation by authority of its Board of ........... Di.rac.u.rq . ..... ..................... ..and said.......Edw. J. Erickson ................ I ...................................................................... and ...... dw . J . Erickson .q......... ............... ack Aou4ed d said kee act and deed of said ifaT�tum�4 to be the STEVEN SONDR' ............. ... - ... ....... I . ..... ... ......................... -1 .............. - .............................................. NOTARY PUBLIC-MINh �ESOIA Notary p geRiRp ........................... County. ........................................ HENNEPIN COUNTY My Commission Expires Nov. 9. 1993 Vy commission expires ..................................... ............................................ 19........ �f f 'lob "Ll CUU NCIL NONNOMMONNNOMMINE Originating Department City Manager Approved for Agenda Agenda Section Item No. By: Kirk McDonald, MA By: 11._5 RESOLUTION APPROVING THIRD PARTY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE NEW HOPE REVITILIZATION CORPORATION TO UTILIZE YEAR XVI COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR WINNETKA WEST BARRIER-FREE HOUSING PROJECT; AUTHORIZING MAYOR AND CITY MANAGER TO SIGN The Department of Housing and Urban Development requires that a Third Party Aqreemnt between the City of New Hope and the New Hope Community Revitalization Corporation be executed in order that Year XVI (fy 1990) Community Development Block Grant (CDBG) funds may be utilized for the Winnetka West Barrier-Free Housing Project. The Council previously has approved a similar agreement for Year XV (fy 1989) CDBG funds in the amount of $70,201. This agreemnt approves the use of $64,280 (regular Year XVI funds) and $50,000 (the amount of Year XVI Discretionary funds the City was awarded) for the project. Separate agreements are required for each funding year starting with Year XV funds. The funding is outlined as follows: Year XIV Discretionary Award-$ 50,000 (no agreement required) Year XV Regular funds -$ 70,201 (agreement approved 7-23-90) Year XVI Regular funds -$ 64,280 Year XVI Discretionary Award-$ 50,000 $234,481 Staff recommends approval of the resolution. MOTION BY TO: (421 L=4z Review: Administration: CITY OF NEW HOPE RESOLUTION NO. 90-178 RESOLUTION APPROVING THIRD PARTY AGREEMENT BETWEEN THE CITY OF NEW HOPE AND THE NEW HOPE REVITALIZATION CORPORATION TO UTILIZE YEAR XVI COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR WINNETKA WEST BARRIER-FREE HOUSING PROJECT; AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN WHEREAS, the Third Party Agreement between the City of New Hope and and New Hope Community Revitalization Coroporation to utilize Year XVI Community Development Block Grant (CDBG) Funds for Winnetka West Barrier-Free Housing Project has been prepared and presented to the City. NOW, THEREFORE, BE IT.RESOLVED by the City Council of the City of New Hope that Third Party Agreement between thd City of New Hope and the Comuunity Revitalization Corporation is hereby approved and the Mayor and City Manager are authorized to sign. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 17th day of September, 1990. Mayor Attest: City Clerk .1 CORRICK LAW OFFICES, P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT COMICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAwYp-Rs 3811 WEST BROADWAY ROBBINSDALE, MINNESOTA 55422 TELEPHONE (612) 533 FAX (612) 533 LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY "3 9 Q n J, 4. J - t' . 'i'a" 3 n 43 r in t v,' Ali ll I ty (7, 'a v ia n ly� "?, s 4 ".; �Ji 1, ty A t r n e THIRD PARTY AGREEMENT UPtBAN HENNEPIN COUNTY COMMUNITY DEVE4gPMENT;BLOCK GRANT PROGRAM x „ .. This agreement made and entered into by and between the City of New Hope (City) and New Hope Community Revitalization Corp. (Provider). WITNESSETH: . WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community Development Block Grant Program (CDBG) by virtue of a ,joint coopera- tion agreement executed between the City and Hennepin County pursuant to MSA 471.59, and WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County which allocates $114,280 from the FY 1990 Urban Hennepin County CDBG program for the purpose of supporting the activities as identified in Exhibit 1, attached and a part of this agreement, hereinafter referred to as "activ- ities." NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties hereto mutually agree to the following terms and conditions: 1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by the United States Department of Housing and Urban Development (HUD), shall apply to activity. 2. The Provider shall be responsible for procurement of all supplies, equipment, services, and construction necessary for implementation of the activity. Procurement shall be carried out in accordance with the OMB Circular A -110. The Provider shall prepare, or cause to be prepared, all advertisements, negotiations, notices, and documents; enter into all contracts; and conduct all meetings, conferences, and interviews as necessary to insure compliance with the above described procurement requirements. 3. The Provider shall be responsible for carrying out any acquisi- tions of real property necessary for implementation of activity. The Provider shall conduct all such acquisitions in its name and shall hold title to all properties purchased. The Provider shall be responsible for preparation of all notices, appraisals, and documen- tation required in conducting acquisition under the latest appli- cable regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of the CDBG Program. The Provider shall also be responsible for providing all relocation notices, counseling, and services required by said regulations. 4. The Provider shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a) and HUD implementing regulations at 24 GFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential anti- displacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974 (the Act); the relocation require- ments of 24 CFR 570.606(c) governing displacement subject to section 104(k) of the Act; and the requirements•.of 24 CFR 570.606(d) governing optional relocation assistance under Section 105(a)(11) of the Act, as pertaining to the activity. 5. The Provider shall maintain records for the expenditure of all CDBG funds it receives, such records to be maintained in accordance with OMB Circular A -110 and A -122, as applicable. All records shall be made available, upon request of the City for monitoring by the City. The City shall have authority to review any and all procedures and all materials, notices, documents, etc., prepared by the Provider in implementation of activity, and the Provider agrees to provide all information required by any person authorized by the City to request such information from the Provider for the purpose of reviewing the same. 6. The Provider shall take all necessary actions required to implement activity and to comply with any related requests by the City, it being understood that the City has responsibility to Hennepin County for insuring compliance with such requirements. The Provider also will promptly notify the City of any changes in the scope or character of activity. 7.'k The Provider does hereby agree to release, indemnify, and hold harmless the City from and against all costs, expenses, claims, suits, or judgments arising from or growing out of any injuries, loss or damage sustained by any person or corporation, including employees of Provider and property of Provider, which are caused by or sustained in connection with the tasks carried out by the Provider under this Agreement. 8. The City agrees to provide the Provider with CDBG funds in such amounts as agreed upon in this Agreement to enable the Provider to carry out activity. It is understood that the City shall be held accountable to Hennepin County for the lawful expenditure of CDBG funds under this Agreement. The City shall therefore make no payment of funds to the Provider and draw no funds from Hennepin County on behalf of a Provider, prior to having received from the Provider a request for reimbursement including copies of all documents and records needed to insure that the Provider has complied with all appropriate requirements. 9. The City shall be responsible for the preparation of all requests to Hennepin County for HUD wage rate determinations on activity. The Provider shall notify the City prior to initiating activity, including advertising for contractual services which will include costs likely to be subject to the provisions of Federal Labor Standards and Equal Employment Opportunity and related implementing regulations. 10. The City agrees to provide technical assistance to the Provider in the form of oral and /or written guidance and on -site assistance regarding CDBG procedures and project management. This assistance will'be,provided as requested by the Provider, and at other times, at the initiative ofthe City, when new or updated information concerning the CDBG Program is received by the City from Hennepin County and deemed necessary to be provided to the Provider. 11. In accordance with the provisions of 24 CFR 85.43, suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term of this Agreement. This Agreement may be terminated for convenience in accordance with 24 CFR 85.44. The Agreement may be terminated with or without cause by either party hereto by giving thirty (30) days written notice of such termination. CDBG funds allocated to the Provider under this Agreement may not be obligated or expended by the Provider following such date of termination. Any funds allocated to the Provider under this Agreement which remain unobligated or unspent following such date of termination shall automatically revert to the'City. 12. Any material alterations, variations, modifications or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement approved by Hennepin County through its Office of Planning and Development and properly executed by the authorized representatives of the parties. All amendments to this Agreement shall be made a part of this Agreement by inclusion in Exhibit 2 which shall be attached at the time of any amendment. 13. All data collected, created, received, maintained or disseminated for any purpose by the Provider in the performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minne- sota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such act now in force or hereafter adopted, as well as federal regulations on data privacy. 14. During the performance of this Agreement, the Provider agrees to the following: In accordance with the Hennepin County Affirmative Action Policy and the County Commissioners' Policies Against Discrimination, no person shall be excluded from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectional /sexual preference, public assistance status, ex- offender status, or national origin; and no person protected by applicable federal or state laws against discrimination shall otherwise be subjected to discrimination. 15. The effective date of this Agreement is July 1, 1990. The termina- tion date of this agreement is December 31, 1991, or at such time as activity is satisfactorily completed prior thereto. Upon expira- tion, the Provider shall relinquish to the City all program funds unexpended or uncommitted for the activity. r 16. Any program income as a result of the activity shall be returned immediately to the City upon receipt and the provisions of 24 CFR 570.504 shall apply. 17. Any real property acquired or improved as a result of activity, in whole or in part, using CDBG,funds in excess of $25,000 shall either be: a. Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; b. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. 18. The following standards shall apply to real property acquired or improved as a result of activity, in whole or in part: a. The Provider shall inform the City at least thirty (30) days prior to any modification or change in the use of the real property from that planned at the time of acquisition or improvements, including disposition. b. The Provider shall reimburse the City in an amount equal to the current fair market value (less any portion thereof attribut- able to expenditures of non -CDBG funds) of property acquired or improved as a result of activity that is sold or transferred for a use which does not qualify under the CDBG regulations. Said reimbursement shall be provided to the City at the time of sale or transfer of the property. 19. The Provider agrees to provide City with an annual audit report consistent with OMB Circular A -110, Uniform Requirements for Grants to Universities, Hospitals and Non - Profit Organizations and OMB Circular A -122 Cost Principles for Non - profit organizations. a. The audit report is to be provided to City on July 1 of each year this Agreement is in effect and any findings of non- compliance affecting the use of CDBG funds shall be satisfied by Provider within six (6) months of the provision date. b. The audit may not be paid from CDBG funds. C. City reserves the right to recover from Provider the full amount of any CDBG funds found to be improperly expended or otherwise disallowed. 20. The Provider shall comply with the general condition of 24 CFR 570.200, particularly sections; (f) (Means of Carrying Out Eligible Activities); and (,j) (Constitutional Prohibitions Concerning Church /State Activities). 21. The Provider as appropriate shall comply with the Lead -Based Paint notification, inspection, testing and abatement procedures estab- lished in 24 CFR 570.608. 22. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Provider, to any person for influencing or attempt- ing to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 23. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influ- ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract; grant, loan, or cooperative agreement Standard Form -LLL, "Disclosure Form to Report Lobbying," will be completed and submitted in accordance with its instructions. Provider, having signed this Agreement. and the City of �',c�. zh . having duly approved this Agreement on ; ... 1 19 4 , and pursuant to such approval the parties hereto agree to be bound by the provi- sions herein set forth. IN TESTIMONY WHEREOF, the parties hereto have set their hands and affixed their seals this day of 1990. Upon proper execution, this Agreement will be legally valid and binding. Its 4_; PROVIDER 4 THIRD PARTY AGREEMENT URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT 1. STATEMENT OF WORK New Hope Year XVI The following activity shall be carried out by the Provider under the terms of this Agreement and the details and processes set forth below: 1. ACTIVITY: 202 Housing Project /Winnetka West 2. LOCATION: ADDRESS: 8151 45th Avenue North CENSUS TRACT: 215.03 3. NUMBER: 068 4. BUDGET: $64,280 (Year XVI) $50,000 (Discretionary Award) 5. BENEFIT: L/M (limited Clientele) 6. DESCRIPTION: Assistance will be provided to a neighborhood based non- profit to provide amenities for the proposed 202 housing project. The project is a 26 -unit barrier free housing complex. CDBG funds will be utilized for such items as parking facilities, interior sprinkler system, roll -in showers and second bedrooms which cannot be supported by the mortgage allowed by HUD under the 202 program. 7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this activity. .. MUMMIUMMENURN [ ] Non - Profit Agency [ ] Public Agency [ j Other An agreement must be executed with any other agency providing a service or implementing an activity on behalf of Provider. Said agreement must contain all pertinent sections contained in Third Party Agreement and such other requirements as are identified herein. [X] Schedule Activity must be implemented in a timely manner and completed by December 31, 1991. [X] Environmental Review Record Per 24 CFR Part 58 Subpart E the environmental review status for this activity has been determined as follows: [ ] Exempt (EX) [ ] Categorically Excluded (CE) [ ] Categorically Excluded /Exempt (CE /EX) [ j Assessment Required (AR) [X] Funds Released (FR) Date: 5/16Z90 [ ] Labor Standards /Equal Employment Opportunity All construction projects of $2,000 or more and financed in whole or part with federal funds shall comply with the provisions of the Davis -Bacon Act (prevailing wage), the Contract Work Hours and Safety Standards Act and the Copeland (Anti - Kickback) Act. All federally funded or assisted construction contracts or of $10,000 or more shall comply with Executive Order 11246, Equal Employment Opportunity, as amended, and the regulations issued pursuant thereto, 41 CFR Part 60. [X] Procurement Standards and guidelines are established in 24 CFR Part 85.36 for the procurement of supplies, equipment, construction and services for federally assisted programs. All procurement shall be made by one of the following methods. The method used shall be adequately documented and contracts shall contain standard conditions as appropriate. - Small Purchase. (Informal Method) To be followed for the purchase of services, supplies or other property costing in the aggregate not more than $25,000. If small purchase procurement is used, written price or rate quotations must be obtained from an adequate number of qualified sources. - Competitive Sealed Bids. (Formal Advertising) To be followed when the purchase /s, costing in the aggregate, exceeds $25,000. Sealed bids shall be publicly solicited and a firm fixed -price contract is to be awarded to the lowest responsible bidder. This method is preferred for soliciting construction bids. Competitive Proposals. This method is normally used when more than one source submits an offer, and either a fixed -price or cost - reimbursement type contract is awarded. This method is typically used for procuring professional services. [X] Uniform Relocation Assistance and Real Property Acquisition The standards described in 49 CFR Part 24 shall apply to activity that involves the acquisition of real property or the displacement of persons, including displacement caused by rehabilitation and demolition. [ ] Residential Antidisplacement and Relocation Assistance All occupied and vacant occupiable low- moderate income dwelling units demolished or converted to another use as a•direct result of activity shall be replaced and rekocation assistance shall be provided to each .displaced low - moderate income household in accordance with the Urban Hennepin County CDBG Program Anti - displacement and Relocation Assistance Policy, pursuant to Section 104(d) of the Housing and Community Develop- ment Act of 1974, as amended. [X] Property Management The standards described in 24 CFR Part 570.505 Subpart J shall apply to all real property which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards apply for a period of five (5) years after the termination of this agreement. [X] Low and Moderate Income Using the applicable Section 8 income limits established by HUD, it shall be demonstrated that a low- and moderate - income activity so indicated in 5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208, relating to: [ ] Area Benefit [X] Limited Clientele [ ] Housing [ ] Job Creation or Retention [ ] Prevention or Elimination of Slums and Blight It shall be demonstrated that a slum and blight activity so indicated in 5. Benefit, above, meets one of the following criteria: [ J Area Determination. The boundaries of the slum or blighted area must be defined and meet the requirements of 24 CFR Part 570.208 (b)(1). [ ] Spot Basis. The specific conditions of blight or physical decay not located in a slum or blighted area must be described. [ ] Urgent Community Need It shall be demonstrated that an urgent need activity, so indicated in 5. Benefit. above, is designed to alleviate a recent (within 18 months) condition which poses a serious and immediate threat to the health or welfare of the community. [ ] Other Requirements COUNCIL • • . • Originating Department City Manager iI Kirk McDonald Management Assistant I By: Approved for Agenda 9 -11 -95 548A �gpn & Planning Item No. W RESOLUTION APPROVING CHANGE ORDER NO. 1 TO 1995 BACKYARD DRAINAGE IMPROVEMENT PROJECT (IMPROVEMENT PROJECT NO. 528) FOR RECONSTRUCTION OF RETAINING WALL AT WINNETKA WEST IN THE AMOUNT OF $14,982.50 Mrmnh l The existing retaining wail at the Winnetka West Handicapped Housing complex at 8151 45th Avenue is failing and is in need of replacement. The City assisted with the development of this project in 1990/91 by contributing land for the project and CDBG funds for certain items such as underground parking, etc. The property is located in a Tax Increment Financing District. While the City was not responsible for the construction of the original wall, staff have requested the City Engineer to provide an estimate on what it would cost to remove the existing retaining wall and construct a new wall. Sunram Construction, the contractor for the 1995 Backyard Drainage Improvement Project, has submitted a proposal for removal of the existing retaining wall material and constructing a new modular block wall. The existing retaining wall material is unsuitable based on the height of the wall, as the material does not allow for the construction of a geogrid reinforcement between the soil and the wall. The estimated cost to reconstruct the wall, including replacement of existing shrubs with new is $14,982.50. Staff requests to discuss the matter with the Council and the enclosed resolution approves a Change Order to have the wall replaced. The retaining wall replacement would be paid for with TIF funds. Im SECOND BY Review: Administration: Finance: CITY OF NEW HOPE RESOLUTION NO. 95- RESOLUTION APPROVING CHANGE ORDER NO. 1 TO 1995 BACKYARD DRAINAGE IMPROVEMENT PROJECT (IMPROVEMENT PROJECT NO, 528) FOR RECONSTRUCTION OF RETAINING WALL AT WINNETKA WEST IN THE AMOUNT OF $14,982.50 WHEREAS, the New Hope City Council accepted a bid at the July 24, 1995, Council meeting from Sunram Construction for the construction of the 1995 Backyard Drainage Improvement Project (Improvement Project No. 528) in the amount of $75,518; and WHEREAS, the existing retaining wall at the Winnetka West Handicapped Housing Complex located at 8151 45th Avenue North is deteriorating and in need of replacement; and WHEREAS, the estimated cost to remove and reconstruct the retaining wall and install new shrubs is $14,982.50, and it has been determined that the work could best be accomplished by a change order to the 1995 Backyard Drainage Improvement Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Hope hereby approves Change Order No. 1 for the 1995 Backyard Drainage Improvement Project (Improvement Project No. 528) in the amount of $14,982.50 for the reconstruction of the Winnetka West Retaining Wall and that the original contract amount of $75,518 is hereby increased to $90,500.50 for the making of said improvements. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this l lth day of September, 1995. Mayor Attest: City Clerk `J - -- U / I tj-jb J :OJPM t DUNES 1 kUU ^ ASSOC IE Attention: Mr, Daniel Donahue Re: Change Order No. 1 - Backyard Drainage Project No 527, File 34171 Per your request, we have investigated the effort to reconstruct the existing retaining walls at Winnetka West (815145th Avenue). The attached itemized quote from Sunram Construction Inc. is for removing the existing retaining wall material and constructing a new modular block wail. The existing retaining wall material is unsuitable based on the knight of the wall. The existing wall material does not allow for the construction of a geogrid reinforcement between the soil and wall. The itemized quote provides for two options: Reconstruct 775 sq. ft. wall and transplant 35 existing evergreen spreadees $14,107.50 .Reconstruct 775 sq. ft. wall and furnishlin.stall 35 new evergreen spreadees $14,982.50 It is recommended if the City is interested in reconstructing the existing retaining walls the existing plant materials be removed and new plant material be furnished and installed, It is also recommended the work be formerly added by change order to the Backyard Drainage Project with Sunram Construction Inc. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK. & ASSOCIA'T'ES, INC. Mark Hanson MH:lk Attachment 2335 West Highway 36 ■ 5t. Paul, MN 55113 ® 612 -636 -4600 QunrurrxJ, hn;rnc, AndCrJJk attd /7SiaCia[ES, lix:. is ,rrr AI(irm,rtivr ArtirJn /f -guar Gppartunrty Crr B onestr oo Otto C, !3 n;•5du0. P.E. I luweru A. Snnforn, Hk. Mrrhnrd C.'. L ch. P.C. Cowl K. G,ege, Pt•. �� 11r?¢>rvr W Kn:rno, hP,' lo+rph (. KCitn A Guidon., P.E. lamrs R. Mnlnnti. PF, Kcrth R. Y,Ww, f'[. Anrtrrllk. PF le�h�rt R. rrLrrer iv. PC. .Jvrr I). Fortl;rh Ph Y D6trc))di 1 Qenou, PC. nderlik & morvlf1 I �orvnr;l, F'F Richard C. fume" N6. l iCN W Falter. CC. OJIVIn p, I,nikgXa. Swtt J. Arganok, Ph. "~, D. Gu.tdrwr'1, P.C. PE. Kennalh N. Arldrr F:h. c (`ritlo C)I,VI(g. P.E. A ssociates tes Gh ^nri R. Ctluk, CC. harms C, Nuye3, P.C. Rnnrrr (. Hutxrk, A I,A Jerry A tiourdnn, P+. Mark R. Wrs, P.C. Wrk A. St P.C. Rrut G. hlrurr, PP. Jutu1 t! Gurdrr, JJVi. 0744 Rohrrt G. Schur'aCht. P.C. Mirk A. I Inman, CL. P. curry W, MOri(;n, PE, Nt. 0.e1*1 D BuyunI, NC. Engin Arch itects sumn M f•h,lrld•,, C.P& MILfltlel T Rdutrndnn, P. L. Y:Iui t. Cannon, A.l.A, Je11fLy J. CPQerrrxler. CC. ,& lrrnnr C;nnslJq,mr Tra K. new. P.C. r),Irarl I h drfrrton. PE. Joicph R. Rheirt, P.C. Tlxrmds R. At4viu n, A.I.A. A. Rick %c mm, PF Lcc M. Wirt,). P.C. Dundld C. 6ut'y;ardt, P.C. Yhihp.J. C.o5wrlI, PF• f h)"k A, efickauh Thurttat A. Sy No. CC. Mark 6. W'111N, EE. I rn M PAwrltky Frederic J. Srenlhoro, RF. Milr%H Ir,n5cri. Pp, MgrfinM.Olson Iirni'vi Me- , `Ur'x:i. P.E. L. rtlillip Gmvef, F.E. Agrr; M, Hfnr2 September 7, 1995 Mlrhypt P lurr, Rh. Kwc,i L. Wirtfneri. PC. Jamul h. Enyelhdrrlt Ttlomm W. F'et<:r!an, Ph. Coiry 0 Kdsmficz. PE, City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 Attention: Mr, Daniel Donahue Re: Change Order No. 1 - Backyard Drainage Project No 527, File 34171 Per your request, we have investigated the effort to reconstruct the existing retaining walls at Winnetka West (815145th Avenue). The attached itemized quote from Sunram Construction Inc. is for removing the existing retaining wall material and constructing a new modular block wail. The existing retaining wall material is unsuitable based on the knight of the wall. The existing wall material does not allow for the construction of a geogrid reinforcement between the soil and wall. The itemized quote provides for two options: Reconstruct 775 sq. ft. wall and transplant 35 existing evergreen spreadees $14,107.50 .Reconstruct 775 sq. ft. wall and furnishlin.stall 35 new evergreen spreadees $14,982.50 It is recommended if the City is interested in reconstructing the existing retaining walls the existing plant materials be removed and new plant material be furnished and installed, It is also recommended the work be formerly added by change order to the Backyard Drainage Project with Sunram Construction Inc. If you have any questions please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK. & ASSOCIA'T'ES, INC. Mark Hanson MH:lk Attachment 2335 West Highway 36 ■ 5t. Paul, MN 55113 ® 612 -636 -4600 r KUM MU1NtJ I KUU " HJc)UU Sube+ltted 1o: Name 0_ksy A n eao. Str ••t - City Stat Telephone Number ' FA* (3b - 13ll N'MQ . _. r - 'TP Z1?.'7LZ'C:tA We hereby propose to furnish all the materials and perform all the labor necessary far the compietlon of ............ ..._..... , .................. ........ W...... i_� :.X- A OP. e. :. : :: pu� ! : o►t ::. . TV P. 7 Propo No. �•W-) Shoot No. Date % ........ .... .................... ..................................................,.., .... ......... ,.....;.............. :... :,.at.. : 0. 7�3,z .SCE 15. 6 ... icy o:: t: -,.�; '� : S. 5:u:1: ��' :. •:� iS�: �3?�} : All material Is guaranteed to be as specified, and the above work to be Wormed In accordance with the drawings and specfications submitted for above work and completed in a susbstantial workmanlike manner for the sum of Dollars ($ with payment to be made as follows; (Quow hwk#des salsa Tax) Any aiteration or deviation from above specifications involving extra costs, will be exeCuted only upon written orders, And will became an extra charge over and above the estimate. All agreements contingent upon strikes, ac rAdents Or delays beyond ppr control, Workmen s Compensation and Public Liability Insurance on above work to be taken Out byr tai � Respectfulty submitted SlSL W w�Qw1 Note - This proposal may be withdrawn by us # riot accepted within da — 1 �� s Y ACCEPTANCE OF PROPOSAL The above prices, specifications and editions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above, Date Signature In the event of non - payment or default for services rendered, collection costs and attorney fees may be added to this debt. I A% monthly Interes on ov a occounts. NY WALL PROFILE FOR G SLOPE ANALYSIS 40 X — CENTER 40 1t,3 j Y — CENTER 42 RADIUS 26.5 F.S. 1.35 Ul) 31,30 ju 4! 3t8,26 Lf) 36.28 co co 41,22 20 56.18 Ln 10 ca 0 10 20 30 40 50 SOIL = 28 120 PCF 5w ROGER HEID, P.E. 12713 Pheasard Run BumsvIlle, MIN. 55337 (612) 895-5527 CERTIFICATION re" was rcemzd by M, cfwoe - vece swermlonandtngrama erc-d Gijnaer ol OK ft LaKS Cf the = rvi saha Roger 8 Ked Res 9 hb. 7707 60 8-27-95 8151 45th. Ave. N. NEW HOPE MN 70 SOUTH ELEVATION EAST ELEVATION „n• _ -o• E O r..r .•.r.... -.roar .r w. 1.••[eo[s u•. r•tx lu.w ; �r•. uw u e tt. raw•[eo[e •.•. nn.o� .u•..r�r•w ..u. "` Af �.�t f it "711 fl 1 � �ItP ►- , rY%�iW %�f��fa•i�ll 4Sii1 ___ -- 0 0 D ET A ILS H � �mM1 m . � a N a ro m= 0 c oa Q 'b v ri rW It11,' 9 fy+,;111 u Af �.�t f it "711 fl 1 � �ItP ►- , rY%�iW %�f��fa•i�ll 4Sii1 ___ -- 0 0 D ET A ILS H � �mM1 m . � a N a ro m= 0 c oa Q 'b v ri rW - - -- 45th AVE.NO. I` �� SITE DATA (1 ACRES) BULDING—RiD50.00-SOFT.—I6.71 X -GREEN AREA 25.1 SOFT ASPfMTPAVNG-14.985.42.SQFT---3tl2 SOT 48.159.42 SOFT loo.00L I BEDROOM UNITS 34 - 2 BEDROOM LUTS 26 -LWM TOTAL SITE PLAN ECE MAR 2 2 1990 CERTIFICATE OF COMPLETION The undersigned, being the duly qualified and authorized signatory of the Economic Development Authority in and for the City of New Hope, Minnesota, hereby certifies, pursuant to that certain Development Agreement For Winnetka West Barrier -Free Housing Complex by and among THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE (the "EDA "), THE NEW HOPE COMMUNITY REVITALIZATION CORPORATION, and NEW HOPE NON - PROFIT HOUSING, INC., dated September 10, 1990, recorded September 25, 1990 in the Hennepin County Records as Document No. 2126045 (the "Development Agreement "), that: (a) The construction of the Project (as defined in the Development Agreement) has been completed in accordance with the requirements of the Development Agreement; this certification is being given pursuant to Section 2.6 of the Development Agreement, and is intended to reaffirm the Certificate of Completion previously given on April 20, 1992, a copy of which is attached hereto as Exhibit A , and (b) the EDA hereby consents to the proposed transfer of the Property (as defined in the Development Agreement) to CBC 202 Limited Partnership, a Minnesota limited partnership; this consent is given pursuant to Section 2.7 of the Development Agreement. e Dated: December 1 2005 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Economic Development Authority in and for the City of New Hope, Minnesota By: Name: Daniel J. Donahue Title: Executive Director On this /5 day of December, 2005, before me, a notary public within and for said county, appearej to me personally known, who, being by me duly sworn, did say that he is the �"z of The Economic Development Authority in and for the City of New Hope, Minnesota, and the instrument was signed and sealed on behalf of such Economic Development Authority, and he acknowledged that said instrument was the free act and deed of such Economic Development Authority. Notary Public This instrument was drafted by: Faegre & Benson (JST) Suite 2200 90 South Seventh Street Minneapolis, MN 55402 (612) 766 -7000 M1:1275313.02 Pagel of 2 Sylvester Pam From: Thiede, Jeffrey S. [JThiede @faegre.com] Sent: Thursday, December 15, 2005 12:06 PM To: Sylvester Pam Cc: Donahue Dan; Axel Roger; McDonald Kirk; Christy, Angela M. Subject: RE: Winnetka West Thank you for forwarding the 1992 certificate of completion and the third party agreements. These are helpful. However given that the age of the 1992 certificate of completion may interfere with recording, and the need to address the technical transfer, a new Certificate is still necessary. I have modified the draft slightly such that the certification of completion is affirming the 1992 certification, and the 1992 certification would be attached as an exhibit. I have attached the revised requested Certificate, along with a blackline showing my changes. Please let me know if you will be able to provide the Certificate, nd please feel free to contact me with any questions or concerns. Thank you. Jeff Jeffrey S. Thiede Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -3901 Phone: 612- 766 -8773 Fax: 612 -766 -1600 email: JThiede faegre.com Statement Required by U.S. Treasury Department The U.S. Treasury Department requires us to advise you that this written advice is not intended or written by our firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to Federal tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer, other than the recipient of the written advice. From: Sylvester Pam [ma i Ito: psylvester@ci. new-hope. m n. us] Sent: Thursday, December 15, 2005 9:21 AM To: Thiede, Jeffrey S. Cc: Donahue Dan; Axel Roger; McDonald Kirk Subject: Winnetka West Hopefully these documents will open for you. 12/15/2005 Page 2 of 2 Dear Mr. Thiede Enclosed are some of the documents we found in the archives file related to the Winnetka West Barrier Free Housing Project constructed in the early 1990s. We are forwarding to you two Third Party Agreements relating to the use of CDBG funds for the projects executed in 1990 and the Certificate of Completion executed by the EDA in 1992. Please review this information and let us know if it helps or if we should proceed with completing the certificate that was attached to your email yesterday. Also available in the file is a development agreement that was approved, if that would be helpful. If you need more information on the Third Party Agreements for the CDBG funds, I would suggest that you contact Mark Hendrickson, Hennepin County Department of Transit and Community Works, 612 -348- 2199. The city definitely wants the improvements to proceed as soon as possible and will try to assist you in any way possible to accomplish your goal. Pam Sylvester for Kirk McDonald 12/15/2005 Page 1 of 1 McDonald Kirk From: Sylvester Pam Sent: Thursday, December 15, 2005 9:00 AM To: 'jthiede @faegre.com' Cc: Donahue Dan; Axel Roger; McDonald Kirk Subject: Winnetka West Dear Mr. Thiede Enclosed are some of the documents we found in the archives file related to the Winnetka West Barrier Free Housing Project constructed in the early 1990s. We are forwarding to you two Third Party Agreements relating to the use of CDBG funds for the projects executed in 1990 and the Certificate of Completion executed by the EDA in 1992. Please review this information and let us know if it helps or if we should proceed with completing the certificate that was attached to your email yesterday. Also available in the file is a development agreement that was approved, if that would be helpful. If you need more information on the Third Party Agreements for the CDBG funds, I would suggest that you contact Mark Hendrickson, Hennepin County Department of Transit and Community Works, 612 -348- 2199. The city definitely wants the improvements to proceed as soon as possible and will try to assist you in any way possible to accomplish your goal. Pam Sylvester for Kirk McDonald 12/15/2005 Pagel of 2 From: Thiede, Jeffrey S. [JThiede @faegre.com] Sent: Wednesday, December 14, 2005 12:58 PM To: McDonald Kirk Cc: Christy, Angela M. Subject: CommonBond - Winnetka West - 1990 Development Agreement Kirk, I spoke with Roger Axel this morning, and then with Pam Sylvester, regarding the property located at 8151 45th Avenue North, New Hope, known as Winnetka West. I am emailing you based on conversations with them. I represent CommonBond Communities in connection with a order to perform rehabilitation work for units in the Winnetka' Parties to this refinancing have identified issues with the Deb Housing Complex dated September 10, 2005, between the t Specifically, there are provisions for the EDA (1) to issue 'a c appear to have been issued), and (2) to approve any transfe references in Section 2.12 of the Development Agreement tc veral senior housing facilities, in other facilities in the metro area. nent for Winnetka West Barrier -Free >ject (that does not Also (3) there are The attached certificate is intended to address items (1) and (2) With respect to (2), the transfer of ownership of the Property, I believe Joe Holmberg of CommonBond Communities has been in contact with the Mayor of New Hope - however - given the nature of this property transfer, I am hoping that the approval could be done administratively, without the need for a lengthy City approval process. The current owner is controlled by CommonBond Communities, the new owner will be a partnership in which CommonBond Communities is the general partner. The management of the property will remain the same. This ownership restructuring is only being done in order to accomodate the refinancing and rehabilitation work, which I think was intended to be allowed under Section 2.7 of the Development Agreement. With respect to (3) above, could you please let me know if you have anything in your files regarding the Third Party Agreements (e.g. copies of them, or evidence that the obligations thereunder have been satisfied). Unfortunately, while this request may be just reaching your desk, this matter is extremely time sensitive. The proposed refinancing that requires these requests is in connection with a Bond allocation that expires this year this transaction does not close quickly, the refinancing (and unit rehabilitation) may not take place for another year. Please let me know if you are willing to try and accommodate these requests. Thank you for your time and consideration. Jeff Jeffrey S. Thiede Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 -3901 Phone: 612- 766 -8773 Fax: 612 -766 -1600 email: JThiede@faeglie.com Statement Required by U.S. Treasury Department 12/14/2005 Page 2 of 2 The U.S. Treasury Department requires us to advise you that this written advice is not intended or written by our firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Written advice from our firm relating to Federal tax matters may not, without our express written consent, be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer, other than the recipient of the written advice. 12/14/2005 CERTIFICATE OF COMPLETION The undersigned, being the duly qualified and authorized signatory of the Economic Development Authority in and for the City of New Hope, Minnesota, hereby certifies, pursuant to that certain Development Agreement For Winnetka West Barrier -Free Housing Complex by and among THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE (the "EDA "), THE NEW HOPE COMMUNITY REVITALIZATION CORPORATION, and NEW HOPE NON - PROFIT HOUSING, INC., dated September 10, 1990, recorded September 25, 1990 in the Hennepin County Records as Document No. 2126045 (the "Development Agreement "), that: (a) The construction of the Project (as defined in the Development Agreement) has been completed in accordance with the requirements of the Development Agreement; this certification is being given pursuant to Section 2.6 of the Development Agreement; and (b) the EDA hereby consents to the proposed transfer of the Property (as defined in the Development Agreement) to CBC 202 Limited Partnership, a Minnesota limited partnership; this consent is given pursuant to Section 2.7 of the Development Agreement. [signature on following page] Dated: December , 2005 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of December, 2005, before me, a notary public within and for said county, appeared to me personally known, who, being by me duly sworn, did say that he is the of The Economic Development Authority in and for the City of New Hope, Minnesota, and the instrument was signed and sealed on behalf of such Economic Development Authority, and he acknowledged that said instrument was the free act and deed of such Economic Development Authority. Notary Public This instrument was drafted by: Faegre & Benson (JST) Suite 2200 90 South Seventh Street Minneapolis, MN 55402 (612) 766 -7000 By: _ Name: Title: MI:1275313.01 4401 Xylon Avenue North New Hope, Minnesota 55428 Phone: 533-1521 March 5, 1991 Ms. Barbara Hayden Hennepin County Office of Planning & Development Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 Subject: DOCUMENTATION FOR WINNETKA WEST BARRIER-FREE HOUSING PROJECT Dear Barb: As per your January 4th correspondence, I am enclosing the following documentation regarding the Winnetka West Barrier-free Housing Project: 1. A copy of the City of New Hope check to the New Hope Community Revitalization corporation, check No. 55130 in the amount of $234,481.00, and purchase order 06748. 2. Documentation of the transaction between the New Hope Community Revitalization Corporation and New Hope Non-Profit Housing, Inc. Enclosed is a copy of check #94921 from the New Hope Community Revitalization Corporation to New Hope Non- Profit Housing, Inc. in the amount of $234,481.00. A copy of the executed Development Agreement between the City of New Hope', the New Hope Community Revitalization Corporation, and New Hope Non-Profit Housing, Inc. is also enclosed. 3. Records of the disbursement from the New Hope Non-Profit Housing, Inc. escrow account. Deb Bednarz from Westminster has sent the enclosed draw documents on Winnetka West. The final audit for the construction of Winnetka West will not be ready until several months after construction is completed (targeted f or the end of March) As you indicated, the f inal construction audit is the responsibility of New Hope Non-Profit Housing, Inc. I have notified Westminster that we need a copy of the audit as soon as it is completed and they will send a copy to the City, which I will forward to you. Family Styled City Ako� For Family Living -2- Please review the documentation and let me know if there is anything else you need. Sincerely, N Kirk McDonald Management Assistant/Community Development Coordinator KM/ lb Enclosures: Winnetka West Documentation cc: Dan Donahue, City Manager Deb Bednarz, Westminster Corp. Steve Sondrall, City Attorney Y CITY OF NEW HOPE 4401 Xylon Avenue No. New Hope, Minnesota 55428 PAY 75-1521 910 NUMBER 55130 DATE Sept 20 J. 1990 AMOUNT 8234 481 nn t � ' ' .�! f !'1�,. „ a p t " 131 �i— TO THE • New'HqXg, ORDER L ion Co OF I - Rev�, Co fj ) c, NEW HOPE STATE BANK NEW HOPE, MINN. 55428 11 S S 1 3011 , 1: Lt 4000 1 20ii• ,1'00 23448 100,” - _ -- - -- __ NUMBER CITY OF NEW HOPE. MINNESOTA 5513 NVOICE DATE INVOICE NUMBER ITEM DESCRIPTION P.O. NUMBER NET AMOUNT i i i i Handicapped housing project #466 $234,481.00 $234,481.00 REMITTANCE VOUCHER DETACH BEFORE USING AMOUNT G�� Y �� CITY OF NEW HOPE 4401 Xyion Avenue No. ZF Q� New Hope, Minnesota 55428 !y HO PAY TO THE • New Hope Community ORDER Revitalization Corp OF 75 -1521 910 NUMBER 55130 DATE Sept 20, 1990 AMOUNT $234,481.00 NEW HOPE STATE BANK NEW HOPE, MINN. 55428 48 055130 ,16 1 :09 LO 15 2 1 11: 644 4000 1 2008 REQUISITION / PURCHASE ORDER CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PHONE: (612) 533-1521 P 0- "10 167 CHECK NO. DATE: VENDOR NO. DELIVERY DATE:<?/av Aj VENDOR Ud� I DELIVER T TO -j - M S D S REQUIRED YES F NO = 7 I 1'73 - ed A A r )Z4 1<x-n &UD ALL PRICES F.O.B. CITY OF NEW HOPE UNLESS OTHERWISE STATED CITY MANAGER AUTHORIZED REPRESENTATIVE DEPARTMENT RECOMMENDATION: I hereby certify that all goods have been PURPOSE: received in good order, inspected and checked REQUESTED BY: as to quality and quantity as specified in APPROVAL OF REQUISITION this order. RECEIVED BY: A FUND DATE VOUCHER FOR PAYMENT. APPROVED FOR PAYMENT: EXTENSIONS CHECKED BY: kWltmen, �mg, DATE PRICES CHECKED BY: AUTHORIZATION CHECKED BY: UPPrelfElime, DATE CHECK NO, 09/18/90 62239915 r_enn xnnnngnozn SPIN HENN COUNTY REMITTANCE ADVICE DATE INVOICE /CREDIT MEMO TYPE DESCRIPTION GROSS 0 NET 091190 A007451 W v 23448100 a W 234481 0 HC 1320 (10/88) 00 23448100 imno[m-mr8:',omABLE TOTALS 23448100 Z D L. DATE CHECK NO, 09/18/90 62239915 r_enn xnnnngnozn SPIN HENN COUNTY REMITTANCE ADVICE DATE INVOICE /CREDIT MEMO TYPE DESCRIPTION GROSS DISCOUNT NET 091190 A007451 23448100 00 234481 0 HC 1320 (10/88) 00 23448100 imno[m-mr8:',omABLE TOTALS 23448100 1 •- E �1 m as i r� t� i �a µ µ 0 �1 H {� Q _ - _ r� "_ r r �l ;m to i cq 0 _ F+ 3 0 3 a #. �t s�S.��sw�2re +.'°'°`�� °a.� {1rx�w�g��°�".'-' {�e...�.. �,` €� •€ {� �pxat�{3t� _ ;s "'� S ��.`a�` t #�.{'•s, #i.i #r�"°`'si.r.3 r °�.� #®,� ? - .�" {t - p -- NUMS3ER •j .. f ..a �.[i . � .. ":i M C rrrr 7 x ttF.lV EW HOPE, !1411NN 50T't M st >_+ a _i .s;. i•..e.k•5��ati.i F. 0j.# a#t p'�_ - .aa.r. ' . NET N1NR'(1 ` ' ry a i 1777, I l� t` 1 paa+w Ft� r, � t #t �..�� - .. _Ir• . f. °! a la��.la = .F�.s a xt `°f,= `ice ? $ • `-= �`` '..:.�� }`,mdF . r - # :a;�.is'+.�.- �E.li.�t. , .¢. 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SIT 3`! `#1 0 G 0 N H p 0 tj - Iy 1 - = N FP V+- ,25 -_� 1 M0H S :5 1 C0RR I CFA & S0"D RALL P _ 04 II1 1W DEVELOPMENT AGREEMENT FOR WINNETKA WEST BARRIER -FREE HOUSING COMPLEX THIS AGREEMENT, Made as of the 40 day of 1990, between THE ECONOMIC DEVELOPMENT AUTHORITY IN AND F_0 THE CITY OF NEW HOPE, a body politic and corporate under the laws of the State of Minnesota, having its principal office at 4401 xylon Avenue North, New Hope, Minnesota 55428 (the "FD,A "), THE NEW HOPE COMMUNITY REVITALIZATION CORPORATION, a Minnesota non- ,profit Corporation (the "Corporation "), and NEW HOPE NON - PROFIT HOUSING, INC., a Minnesota non - profit corporation ( "New Nape+'). RECITALS: A. New Hope intends to construct an apartment building to be leased to physically handicapped persons of low, moderate or very low income on property (the "Property ") located in the City of New Hope, County of Hennepin, Minnesota, legally described as follows! Lot 1, Block 1 Winnetka West. B. The EDA and the Corporation desire to assist such development by providing Federal Community DeVelopment Grant Funds (the "CDBG Funds ") to New Hope to assist with the purchase of the Property, and New Hope desires to receive the CDBG Funds, all on the terms and conditions herein set out. I. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein set out, the parties hereto agree as follows: Section 1. Definitions. The following words have the following meanings as used herein: "CDBG Funds" means the Federal Community Development Block Grant Funds received by the City or the EDA from Hennepin County, Minnesota to assist the Project. "City" means the City of New Hope. "Completion Date" means September 30, 1991, or if BUD or any other holder of a first mortgage lien on the Property requires that it determine the Carnpletion Date, then, the date shall be September 30, 1991, or the completion date determined by HUD or such first mortgage holder, whichever is later. "HUD" means the United States Department, of Housing and Urban Development.. FET -25 -`- 1 M ON S 15 i CORR I CK & SOND RAL1_ P _ 05 "Low, Moderate or Very Low income Apartments" means ,apartments in the Project leased or held for leasing to individuals who, on the date of initial occupancy, are physically handicapped persons (or if, there be more than one occupant, at least one of which is then a physically handicapped person), and who are Low, Moderate or Very Low income Lessees. "Low, Moderate or Very Low Income Lessees" means an individual who or family which is to be a lessee in the Project and who or which has an adjusted gross income which is equal to car less than the precentage established from time to time by HULA (for low, moderate or very low income lessees) of the median family income established from time to time by HUD for the Minneapolis -St. Paul Standard Metropolitan Statistical Area. "Plans" means the plans, specifications, drawings and related documents for the Project approved in writing by the City, and as the same may be changed by specific change approved in writing by the City. "Project" means the Property, and the apartment building containing 12 one bedroom units and 14 two bedroom units, togetb,er with appurtenant enclosed and exposed parking spaces, lands aping, driveways and sidewalks, to be constructed on the Propel,ty pursuant to the Plans. 4 'Property" means the real estate in the City described on Exhibit A attached hereto and hereby made a part hereof. "Substantial Completion" means when the Project shall have been issued an PHA Final HUD Representative's 'imp Report (form HUD -5279) certifying that the Project is 100% complete. Section 2. Construction and Operation of the Pro ject. 2.1 New Hope agrees to construct the Project on the Property in substantial compliance with the Plans. 2.2 New Hope agrees to fully and promptly comply with all applicable (i) provisions of Section 202 of the United States Housing Act of 1959, as amended, (ii) cedes, ordinances, statutes, rules, regulations and Executive Orders (local, state and federal) relating td the construction, use and maintenance of the Project, including, without limitation, Title 24, Code of Federal Regulations, Part 570, except as the same may have been propegly and effectively waived or varied by the City, or its duly acting boards or commissions, and (iii) conditions imposed in connection with any such waivers or variances, all of which items referred to at (i), (ii) and (iii) above are hereby incorporated herein and made a part hereof as if fully set forth herein. N F E B- 2 S -'G] I M O N S:!5 2 C O R R I C K & S O N D R A L L W 2.3 New Hope agrees to commence construction of the Project as' ,coon -aa possible, but, in any event, not later than September 30, and thereafter to diligently pursue the same to completion, and, in any event, to substantially complete the same by not later than the Completion Date. 2.4 New Hope agrees not to make any changes in the Plans which require authorization by the City or action by the City Copncil pursuant to the zoning ordinance of the City, without first receiving, in each instance, the written approval of the Executive Director of the EDA; provided, however, and the EDA hereby agrees, that the EDA shall be deemed to have approved any requested changes if the EDA should fail to respond to any such request within thirty (30) days of New Hope's filing of a request with the EDA. 2.5 New dope agrees to provide a one hundred (100 %) percent payment and performance bond. (which may also name other parties in interest, such as HUD) to insure that construction of the Project will be completed as required and that all costs of construction will be paid. The EDA agrees to accept security given by Now Hope or New Hope's general contractor to HUD, provided such security is acceptable to HUD as to amount and terms and conditions thereof. The security required by this paragraph shall be, and is hereby determined to be, the only guaranty or security necessary in the public interest, in connection with the Project. 2.6 The EDA agrees to provide a certificate of completion on or within a reasonable time after Substantial Completion relating solely to the obligations of New gope to construct the project. Such certificate shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of New Hope to construct the Project. if the EDA shall refuse or fail to provide any certificate in accordance with this provision, the EDA shah., within thirty (30) days after written request by New Hope, provide New 'Hope with a written statement showing in adequate detail in which respect New Hope has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the EDA, for New Hope to take or perform in order to obtain such certificate. Each certificate provided for in this provision shall be in such form as will enable it to be recorded in the proper office for the giving of constructive notice thereof relative to the Property. 2.7 New Hope agrees not to assign, transfer, convey or pledge all or any part of its interest in this Agreement, the Property or the Project (other than in connection with a first 3 MOM S:!5.3 CORR2CK SO"DRALL P 07 mortgage insured or guaranteed by HUD or rather financing approved by HUD) to any person, corporation or partnership, without first receiving the prior written consent of the EDA,. 2.8 New Hope shall fully comply with all applicable federal and state laws, rules and regulations relating to discrimination in the leasing of, or in the use or occupancy of, the Project, and such laws, rules and regulations shall control over any contrary provisions in this Agreement. 2.9 New Hope agrees that at all times during the term of this Agreement there shall be in the Project Low, Moderate or Very Low Income apartments totalling not less than (i) twenty -six (2£) or (ii) such lesser number, but not less than fourteen (14), as HUD and the County of Hennepin shall have approved in writing. It is agreed that the requirements of this paragraph shall not be met by benefitting Moderate Income Lessees to the exclusion of Low or Very Low Income Lessees. The HRA and the Corporation shall be given a copy of each and every such approval by HUD and the County of Hennepin. 2.10 New Hope hereby agrees, for the purpose of determining compliance with the .requirements of paragraph 2.9 hereof, (i) to maintain at the Project or at an office in the Minneapolis -St. Paul Standard, Metropolitan Statistical Area, written notice of the address of which shall be given to the EDA and to the Corporation, all applications to lease, all leases and all correspondence and other records relating to actions taken on applications and leases, for a period of three (3) years from the dates of the respective documents, and to allow all such records to be reviewed and copied by the EDA and the Corporation, and their agents or representatives, at all reasonable times, and (ii) to allow the EDA and the Corporation and their agents and representatives, to enter upon and inspect the Project and to speak with lessees thereof after reasonable notice, either verbal or written, provided to Westminister Management Corp. 2.11 If, for any reason, New Hope, at any time on or prior to the twelfth (12th) anniversary of the Completion Date, fails or refuses to have at least the minimum number of Low, Moderate or Very Low Income Apartments in the project as required by Paragraph 2.9 hereof, and if such failure or refusal continues for ninety (90) days or longer from and after the date the EDA or the Corporation gives notice to New Hope of such failure, then New mope shall pay to the Corporation, promptly upon demand made by the EDA or the Corporation, all of the CDBG Funds paid to New Hope pursuant hereto in the amount of Two Hundred Thirty -Four Thousand Four Hundred Eighty -one and no/100 Dollars ($234,481.00), with interest thereon at eleven (118) percent per annum from and including the date of payment of such funds to New Tope, until repaid. The Corporation shall pay to the EDA or City all such funds received from New Hope promptly upon receipt by the 4 FE B -2!5-9 1 MO" £e : 154 CORK I CFA :& SOND RAI_1_ R _ 0S W W Corporation:. If said funds, with interest, are not so paid to the Corporation, the City, the EDA and the Corporation may exercise any and all remedies then available to them at law and in equ' ity to ��recover such sum, with interest, and New Elope agrees to pay all costs of collection, including, without limitation, reasonable attorney's fees, whether suit be brought or not, incurred by the City, the EDA or the Corporation in recovering said funds and interest thereon, including interest on such costs of collection at the same rate as is payable with respect to the CD8G funds, from the dates such costs are incurred until paid by New Hope* 2.12 New Hope agrees to assume all obligations of the Corporation under the terms of two separate documents entitled Third P4rtY A greement Urban Hennepin County Com D evelopment Block Grant Pro ram_ that the Corporattln'ntered into wh the City. New Hope acknowledges receiving copies of said Third Party Ag eeme and they shall be made a part of the herein Development Agreement as if they were fully set forth herein. New Elope further agrees to indemnify and hold harmless the Corporation, EDA and City, their respective officers, officials, directors, employees, agents or representatives of any kind for any and all damages or claims resulting from the failure of New Hope to comply with said Third Party A gre e ment s. This indemnification and held harmless provii an shall include the payment of any and all costs including reasonable attorney's fees incurred by the indemnified parties. Section 3. CDBG Funds 3 *1 New Hope represents that it intends to acquire fee simple title to the Property and construct the Project as soon as possible hereafter, and that, for such purpose, and in order to make the Project financially feasible, it needs to receive from the Corporation the sum of Two Hundred Thirty -Four Thousand Four Hundred Eighty -one and no /100th Dollars ($234,481.00). 3 *2 Based on such representation the Corporation agrees to pay to New Hope the sum of Two Hundred Thirty -Four Thousand Four Hundred Eighty -one and No /100th Dollars ($234,981.00) from the ilYb .4p 11r ,.... +91r . v. +F4v wwa wy.A. vF .lSv 4v Ir 1a ti. +OVi Lrvrr i.rf V1aY Yi�j r„i a. 1. is u.. EDA. Such sum shall be paid to the Corporation, and to New Elope, on the date on which New Hope is to acquire fee ownership of the Property (provided notice of such date is given to the S,11t1,i�.1: "� ��.1V4t t G1kEY4 } �L�4t7 - `aClAll' t?L 1 WtJ t1 Ltllul: t'G,t "�'td1L l.� — L t VUL rrt, Yi=_A shall be made available to New Hope only from CDBG Funds then available to the Corporation and useable for the Project. The EDA and the Corporation represent that said CDBG Funds are now available for the Project, and will be paid as herein provided; however, it is agreed by New Hope that the City, the EDA and the 5 FES -25— I t'1 0N S : SS CORR I CFA SO "DRAILI_ 0 P _ 0 9 Corporation, and their respective officers, elected officers, employees and representatives, shall have no liability or obligation of any kind, for damages or otherwise, to New Hope or any other person, if, for any reason said CDBG Funds are not available to them, or for the Project, and New Hope hereby waives, and releases the City, the ELBA and the Corporation and their respective officers, elected officers, employees and representatives from, any and all claims for damages or otherwise, if, for any reason, said CDBG Funds are not available to them, or for the .Project. 3.3 New Hope agrees and represents that the CDBG Funds shall, be used only for the Project and then only as allowed by applicable state and federal statutes, rules, regulations and Executive Orders, including, without limitation, Title 24, Code of Federal Regulations, Part 570. 3.4 Anything in this Agreement to the contrary notwithstanding, if, for any reason, the CDBG Funds have not been paid over to New Hope by 5:04 p.m, on September 30, 1990, then all obligations of every kind of the City, the EDA and the Corporation under this Agreement, to pay to New Hope any CDBG Funds, shall automatically cease and terminate. Section 4. Mi.scell Successo and Assns in inding on 4.1 No director, officer, member, official or employee of the EDA, the Corporation or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, elected or appointed official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. No director, officer, member, elected or appointed official, agent, employee or representative of the EDA, the City or the Corporation skull be personally liable under this Agreement or any agreement or document executed and /or delivered pursuant to this Agreement, for any reason or cause whatsoever, to any person or party whomsoever, except in the case of willful misconduct. 4.2 Any titles of the Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions or the intent of any party hereto. Use in this Agreement of "herein ", "hereto ", "hereunder' and "hereof ", or similar words, shall mean and refer to this Agreement, and not just the Section or paragraph in which'such word appears, unless the contrary is clearly stated. C FE33 - - 'S -'9 1 MOH S = 155 CORR I CK & SO"D RAI_i_ R _ 1 0 Girl AW 4.3 Except as otherwise expressly provided in this Agreement, a notice, demand, request or other communication required or permitted under this Agreement to be given by any party to the other shall bd sufficiently given if in writing and, if delivered., when personally delivered to an officer of the party to whom it is addressed, or, if mailed, when deposited in the United States mail and sent by registered or certified mail, postage ,prepaid, return receipt requested, addressed as follows: In the case of the EDA: 4401 Xylon Avenue North New Hope, MN 55428 Attn: Executive Director In the Case of the Corporation: New Hope Community Revitalization Corp. 4401 Kylon Avenue 'North New Tope, MN 55428 Attn: President In the Case of New Hope: C/o Westminister Management Corp. 328 West Kellogg Blvd. St. Paul, MIS 55102 In the Case of Westminister Management Corp.: Westminister management Corp. 328 West Kellogg Blvd. St. Paul, MN 55102 or at such other address for to the attention of such other person) with respect to any such party as that party may, from time to tame, designate by notice given to the other parties as provided in this paragraph. 4.4 Wherever in this Agreement the consent or approval of the EDA or the Corporation or New Hope is expressly or impliedly required, or is requested, such consent or approval shall not be unreasonably withheld. Whenver such consent or approval is withheld, and the person seeking such consent or approval claims that such withholding is unreasonable, the only remedy of the person seeking such consent or approval shah, be specific performance or mandatary injunction, but, in no event, shall money damages be claimed or paid. Consent or approval, given by 7 NO" S : 5 6 C O R R I C K & S O H D R A L I_ R_ 1 1 any party for any specific act or thing shall not be deemed to be a consent or approval to any subsequent act or thing of the same or any other kind. 4.5 New Hope hereby agrees to hold the EDA, the Corporation and the City and their respective officers, elected and appointed officials, employees, agents and representatives harmless from and indemnified against any and all loss, cost, damage and expenses, including, without limitation, reasonable attorneys' fees and expert witness fees, and travel associated therewith, and together with interest upon all such amounts to the extent suffered or incurred by the EDA, the Corporation, the City or any such other personas, due to claims or demands of any kind, whatsoever arising out of the design, construction, operation, maintenance repair, use marketing or leasing of all or any part of the Project. New Hope shall defend all such claims and demands at its casts and with attorneys acceptable to the EDA and the Corporation. 4.5 This Agreement is the entire agreement between the EDA, the Corporation and New Hope relating to the Project, and there are no rather covenants, terms, provisions or understandings, written or oral, between the EDA, the Corporation and New hope relating to the Project. This Agreement may be amended and modified only by written agreement signed by the EDA the Corporation and New Hope with the same formality as this Agreement, and no amendment or modification shall be binding on -the parties or have any effect unless so made. 4.7 This Agreement is not intended top and does not, create a partnership or a joint venture between the EDA, the Corporation or New hope, and no act or failure to act by any of said parties shall impose or result in any partnership liability or obligation on any of the other of said parties. 4.8 All exhibits and schedules referred to herein or attached hereto are hereby made a part hereof as if fully set forth herein. 4.9 The EDA, the Corporation and New dope recognize that although the covenants of this Agreement may burden New dope's fee title to the Project, nonetheless the assistance given to New Hope in connection with construction of the 'project constitutes a significant social and financial benefit to New Hope. Therefore, New Hope specifically agrees that the burden upon New Hope and its title to the Project is reasonable acceptable and not unconscionable or against public policy in any way given the other benefits to New Hope. E F E B3 i2 t5 I M O N l 8 : 15? COtIZF2 I C & SU"13 F2A L. L- W W R . 1 2 4.10 In amplification, and not in restriction, of the provisions of the preceding paragraph, it is intended and agreed that the City, the EDA and the Corporation, their respective successors,and assigns, shall be deemed beneficiaries of the agreements and covenants Ptovided in this Agreement, both for and in their own right, and also for the purposes of protecting the interest of the City and the other parties, public or whose favor or for whose benefit these agreements. and covenants have been provided without regard to whether the City, the EDA or the Corporation has at any time been, remain or is an owner of any, land or interest to which, or in favor of which, such agreements and covenants relate. Also, the City, the EDA or the Corporation, or their respective successors and assigns, shall have the ,right,, in the event of any breach of any of the agreements or covenants in this Agreement, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings, to abate, prevent or enjoin such breach, car to Specifically enforce such covenants or agreements, or to tale whatever action is required to cure the breach, including, without limitation, payments to others, or performance on behalf of the New Hope, or to .recover monetary damages caused by such breach, and the breaching party shall pay all costs of such actions or suits, including reasonable attorneys' and witness fees, whether suit be brought or not. No delay in enforcing the provisions of this Agreement shall, impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or any similar breach at any later time or times. 4.11 It is expressly intended and agreed by the parties hereto that each of the foregoing agreements and covenants in this Agreement shall, be construed to be, deemed, and are hereby declared to be, covenants running with the Property, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, the EDA and the Corporation and their respective successors and assigns, against New Hope, its successors and assigns, and every successor in interest to the Property or Project, or any part of either thereof, and any interest in either thereof, and any party in possession or occupancy of the Property or 'project, or any part of either thereof. Each and every transferee in any contract, lease, conveyance or other instrument hereafter executed covering or conveying all or any part of the Property or Project shall conclusively be held to have acquired such interest subject to the agreements and covenants of this Agreement, regardless of whether or not such agreements and covenants are set forth or referred to in, or specifically agreed to by, such transferee. 0 P10" 8 : S S CORK I CFA a S O" D R A I L R. 1�3 4.12 The obligation to repay the CDBG Funds as sot out in paragraph 2.11 hereto shall be, and is, subordinate to the lien of the first mortgage (the "HUD Mortgage") to be placed by New Hope on the Property in favor of HUD, and said obligation shall cease and terminate (i) upon expiration of the period of redemption, without redemption, after the sale of the Property pursuant to foreclosure of the HUD Mortgage and (ii) upon recording of a deed to HUD given in lieu of foreclosure of the HUD Mortgage. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the clay and year first above written. ECON OMIC DEVELOPMENT AUTHO AND ,; THE CI OF E • By Its rr °• r B y Daniel �7:�bonahuE, z s - Exec u ti ve Director NEW HOPE COMMUNITY REVITALIZATION COP M By AEA HOPE NON-PROFIT By By Its 10 FaB-,2591 NO" 8:!5:B CORRICK & SONDRAL-L_ 4 1 b STATE OF MINNESOTA COUNTY -0F HENNEPIN The foregoing was ackAowledged before me this '- day of 69 1990, by Edw. J. Erickson and Daniel J. Donahue, the President and Executive Director respectively, Of The Economic Development Authority in and for the city of New Hope a Minnesota municipal corporation, on behalf of corporation. said municipal STEVEN A. SONDRALL NOTARY PURLIC—MINNESOTA HENNEPIN COUNTY STATE OF MINNESOTA MY Commission Expires Nov, 9, 1993 ss COUNTY OF HENNEPIN mhe foregoing was ack led gipd before me this ay of 9 9 © ' by 0/0_r) r zZwe-ty and th President and Secretary, 'respect ifiFI of Oe lRe Ope Revitalization Corp., a Minnesota non-profit corporation, on behalf of said non-profit corporation. a Notary �� viiUTC - N STEVEN A, SONDRALL NOTARY PUBLIC MINNESOTA HENNEPIN COUNTY STATE OF MINNESOTA My Commission Expires Nov. 9, 199 ) SS COUNTY OF HENNEPIN foregoing was ack Otledged before me '; 5, day of 5;047'rki;�� F by 90, W :Z1 ffc ptZ_ and the ljkU I IL - -1 V T" and respectively, of the New Hope Non-Pil HousTng Inc., a Minnesota non-profit corporation, on behalf of said non-profit corporation. NOTARY PU8L*—M(NN[SOTA 1VU � ' SMEN A. SONDRALL 1 HENNEPIN COUNTY Notary Publi c My Commission Expires NOV 9, 11 October 5, 1990 X?W HOPR' NONE- PROFIT HOUSING, INC. 328 West KeJl.ogg Boulevard St. Paul, Minnesota 55102 612/291 -1.750 7'i.tle services, Ine. 255 Park Square Court 400 Sibley Street St. Paul, MN 55101 Attention: RE: Winnetka West New Hope, Minnesota FI1A Pro ect No 092- 1TM25 WP -L8 Gentlemen: HAND DELIVLRUD HUU has - approved the first advance of proceeds for the above - captioned pro- ject. in this regard, anel.ased are the following: 3. A copy of Foxnt 92403 -EH as approved by HUD; 2. A cashier's check in they amount of $84,828.68 drawn on the pro - ject's construction account to fund the costs approved by HUD; 3. A cashlcr's check in the amount of $3,388.25 drawn on Westmin- ster Corporation accounts to fund costs in e7-:cess of HUD'e mort— gago ($3,366 from fund-raiscd moneys, `P6.25 from Nestminoter CorporatJon); and 4. A Schedule of Payments. Please diKhurxe the funds totaling $8£:,21.6.93 to the payees 1.1xted and in the amounts shown on the 5ched.u1,e of Payments. Very truly yours, NEW HOPE NON - PROFIT HOUSINC, INC,, Deborah L lie narz Executive Vice President Rereipt of the caBliler's checks totalin, $88,21.6.9.3 is hereby acknowlvdged: TITLY S' XVICIrS. INC. SCHLDU of PAYMENTS - -- Paye A moun t KRAUS °ANDERSON CONSTRUCTION C014PANY . . . . . . . . . . . $27,.106.68 General requirements . . . . . . . . . • $ 6,906.68 Bond pretui.uin . . . . . . . . . . . . . . $ Other fees (SAC) . . . . . . . . . . . 11,700.00 GREATER MINNEAPOLIS METROPOLITAN HOUSING CORPORATION 20,899.00 Reimbursement of advances toward: Architectural deli &n fee v . . . . . - . $1.8, Survey coots. . . . . . . 1 . . . . . 1,049.00 City platting tee . . . . . . . . . . . . 225.00 City re.oning fee! . . . . . . . . . . . . 500.00 City conditional use permit fee . . . . . 525.00 POPE ASSOCIATES, INC. . . . . . . . . . . . . . . . . . . . . 15,771.00 Balance of arthitectural design See CAR!".I'ER AGENCY, INC. . . . . . . e . . . . . 1,5y$.00 insurance during const~ruetiort TITLE SERVICES, INC. . . . . . . . . . . . . . . . . . . . . . 4,796.25 Title and recording fae R -- both current W to and "original site" (see attAched invoice) -- $3,253.00 approved by HUD --- $1,519.00 from fund - raised moneys -_ $24.25 from Weatminater Corporatipn WESTMINSTER CORPORATTON . . . . . . . . . . . . . . . ... . . 6,546.00 Orga ni.zatlon f epee . . . . . . . . . . . . $5, 246. ---- $3,451.00 approved by HUD -- $1,845.00 from fundraised moneys Reimbursement of advance to consultant: . 500.00 Supplemental. ninra omcnt fee . . . . . . . 650.00 City plan review Pee . . . . . . . . . . .' 1.00.00 RURCI S CORPORATION . . . . 11, U1) RSQ Balance of cone�ul,ta.nt fee. diie at initial closing - 7,0TAL FUNDS TO BE D1SDVRSFD . . . . . . . . . . 6 . . . . . . . J IL. 2 L l 6.93 FHA FORA; 140- 24:8 Rr., 10/72 U. S. DBYARTMENT OF HOUSING A14D URBAN DEVELOPMENT FEDERAL HOUSING ADMINISTRATION Farm . 63 os4BN CONTRACTOR'S REQUISITION' _ O67t PROJECT'MORTGAGES " IYO.BE SUBMITTED TO MoRTOAGEE iN QUADRUPLICATE) Project No. 092- EH254WPH -L8 TO Westminster Corporation ' Owner Requis;t; No, (1) One PROJECT Winnetka West In occ:rdonte with the provision of the Construction Contract doled LOCATION New Hoe, Minnesota onochd thereto; q X1_2 /90 and Conlroclors and /or A(orl agars Cast Brtakdowp (Schedule of Valves) Ihisre ui sition I, submitted for the amount of S 27 T 06 day o) 58 due foe work performed up io the 2� Oct., 199U and os a iced below by the trades listed in the Cost Breakdown. I A ENTER AMOUNTS TO NEAREST EVEN DOLLAR TRADE ITEM. COST AS PEn COST B V. " FOR FHA USE BREAKDOWN AMOUNTS COMPLETE Masonr1e S ' 45,000.00 Y 68,600.00 s Metals 3,381.00 _ 6 Rough Co1pan1 y 104,939.00 6 Finish Corptntry 27,257.00 7 Waterproofing 1,800.00 7 Insulation 9,350.00 7 Roofing S shin les 6,560_00 7 Sheet Metal •• 1,450.00 e Doors s frames 23 856 :00 8 Windows 17 845.00. 8 Gloss .. - ..... _..._ 9 L 26 012.00 9 Drywall 22 048.00 9 Tile work 77 800.00 9 A ='32 700.00 9 2 130.00. Anto Fire 38 600.00" 9 1 Resilient Flooring 8 834_00 9 Pointing and Decorating 17 700 00 10 Specialties 11 Special Equipment trash chute 00 2,737.00.. If it App N . is 6 nces . Cot2nter Tops 38,852.00 Applia.,_.. 29,400.00 12 Blinds and Shades, Artwork . 12 Corpus : - - . - .. 2.501.00 13 Special Cons 19,417.00 tr ucti o n• - Frecast''- --. 34,800:DOT- ---... ._. ... 1 15 PI 32,527.0o umbing and Hot wore, - 70 000.0 15 1 Heat and Ventil 11 A' 58 400.00 xT�r9drs[RXxar M7it n fi 1,879-00 16 EleClri[ol _ ... Accessory Buildings:. _ o 2 Earth work 2 Silt Ulilili[e 2 ponds and Walks 2 S; te lmprovtmenl 7 Lawns and PlanYng 2 Unusual Site Conditions -- t General Regviremenit . - _ - 'B Pre mium {S ) A Ong cc $6, 906. 8 OTHER FEES IS (1) SUBTOT.OFBRKDwt4 ITEtSi ~- _ S __ _ 1_, 085 , 69 7 . , 00 (2) BUILDER SOVERHEAD - S - = s 6,9 i (3) BUILDER'S PROFIT _ S (d) 70TAL OF COST DREAY,006'N ITEt1S +, ; S 4.. S '�-- -- ri "�' 25,697.00 s s (Sj INVENTORY OF MATERIALS STORED Cx4;1 E tsrr NOTE aria i U- s 6, 906.68 (6) SUM Or^ COST BREAr,DOKtI ITE6r.S PLUS INVENTW.IES OF tt1,7ER14L5 U) LESS NET DECREASE IN COST AS A RESULT OF APPROVED CHANGES s 6, 906.68 6$ S 6. 9 06.68 (8) TOTAL AFTER ADJUSTING FOR NET DECREASE 70 APPROV S S (9) LESS P.ETAIN[D I(Y, 0 CtuNGES S {� 906.68 s S (ip) DAL: TOtt,l DUE 70DA7E Or4 ACC(YJNT OF CO4STP.U" TIDt4 C (i1) LESS PREVIOJS PAYIAENTS O':IRACT s 6,906. s 6;906.Z — ((+') NET AMOUNT DUE ON THIS REOUISITIOH S —T S -Q- 11K. 616, certif that 1 /6'e 6 reee;.ra s 6 906_68 s 6 906 68 po ymrnt in ea:h, of S _ -0- up b the dste hnrol on rf projr el. � m cen:nv:hgn canliep a i Date October 25, 1990 ! pp .cebtr to this Kraus Anderson Const. Co. NpT'r < i r ved Jran a•41oro( o/ brrutJvwn trims /Cot, L dmid Et oc .rd in. rd b, Got, A) /Cut, C Juvdrd br Cot d v.riec +s emery of m latch '10-4 en r: N 4r.mired a to quont.ri.r 1 .r 6nw v/ Uwd !'rrnu.. n of r .r, end r.n.Lreiiun, .. ant rtuy .ire, c...,ly .ath w,NVu:.r, C.nl.ert, FHA a yr es It wkiwir- FOR USE OF FEDERAL HOUSING ADMINISTRATION Do. _September 27 1990 j.. Net Anevnt A,,,,..d Far P.,_, 6,9Q6.68 COL. C COMpLC TLD OY �w� %S� J' In }r `1 !L' a MOR TGA GC CRCDIT CY.AMtNCq NCVICn_D AtiO APPA o'dCG OY / r.� Da4i' ' gfi d r { t (�ii�f, : Nitf2't2�f`��ii��r EB — ch "Inrr '> i.__•aor.;e- Hou�ing'Development FHA FORM NO. 2403 -A U.S. DEPARTMENT OF HOUSING A14D URBAN DEVELOPMENT R. 10/72 FEDERAL HOUSING ADMINISTRATION CONTRACTOR'S PREVAILING. WAGE CERTIFICATE f . (For use under all sections of the National Housing Act requiring certification as to payment of prevailing wages. To be submitted with_each request for insurance of advance or mortgage proceeds which Includes a payment on account of con- struction cost, or the time the mortgage is presented for insurance pursuant to a commitment to insure upon completion.) To: Federal Housing Commissioner Dale Advance No. C/o . , Director Project Name winnetka Watt Field Office project No. 092- EH254- WPH -L8 1. The undersigned, as principal contractor in connection with the construction of the above project, states that he is fully familiar with applicable wage determination decision of the Secretary of Labor. 2. He certifies that: (e) A copy of the applicable wage determination decision is posted in a conspicuous place at tha site of the work and he has required each subcontractor as a part of his contract, to agree to pay wages at rates not less than those contained in the decision, (b) All laborers and mechanics employed in the construction of the project have been, to the date hereof, paid for such employment at wage rates not less than those contained in the applicable wage determi- nation decision of the Secretary of Labor and no deductions or rebates have been made, either directly or indirectly, from the full weekly wages earned by any person, other than permissible deductions as _. defined in Regulations of the Secretary of Labor, Part 3 (29 CFR Part 3). (c) He has fulfilled his obligations, to the date hereof, under The Labor Stcndards provisions of the Supple- mentary Conditions of the Contract for Construction and has included said conditions in all subcontracts, 3. This certificate is executed by the undersigned for the purpose of inducing the Commissioner to approve for insur- once that certain mortgage loan; or an advance thereof, made or to be made by the mortgogee in connection with the construction of the project, and with the intent that the Commissioner rely upon this certification to establish __ •e compliance with the provisions of Section 212 of the National Housing Act, which provides in port: The Commis= sinner shall not insure , , , unless the principal contractor files a certificate'.. •, certifying thct the laborers and mechanics .. , have been paid not less than the wcgcs prevailing .. , cs determined by the Searetcy of Lcbor .. Xraus- Anderson Construction Co. i3 Conr.ureat hn W. Schletf4�5 _ Vice PrPC: An. « WARNING U. S. Crimmul Code, Seelion 1010, Title IS, U.S.C., • 'Federmt dloutine Atlm L•emuapon'trnncoebons,•' p.ov{dec in par.: °• t1 • h*ever. for the purpocc of - - - infiucncinit in ony way the sction of euch Ad.:.inrs.trotyon ... makcc, passe e, w,{en, or publithet sny ttotement, kn ow init the came to be Wit. , ..chap be Jencd not more'liun $$-ODD or ir..priconed not more {)on {w0 )'Cp(6, or both,' - s ARCHITECT'S CERTIFICATE I CERTIFY that I (or any authoti:ed representative) have visited the project, within days prior to the date Of this Cettificate, to determine the true basis of cost upon which.l hereby certify this payvivnt. 1 f hrr certify ate a prior work tend the work labor, and materials, to be paid for under this Request fo r i'aymcnt bee satisf�ctorp and in accord nce with the Contmcl DtawinTs- A tc6itrrt Dbtc• Dy INSPECTOR'S CERTIFICATE ❑ Amount 'lodified modific.,non I CERTIFY th:et 1 have visited the site on this date and monitored the log ;end rcp :ts of the atchurct or no architect in the construction period that I have inspected the property on this d:, ..c, t( there 15 the amounts repotled herein represent acceptable work rend mwerints and that in either case I h :ne no persoaal intere -t, present of prospective, in the property, applicant, of plocceds of the r..ortr.age. D.ae fr,aprrtur Reo diisltlon for Disbursement U.S. Department of Housing and Urban Development of Section 202 Loan Funds Office of Housing .Federal Housing Commissioner OMB Approval No. 2502 -0187 (exp.2/28/90 w No Section 202 loan proceeds may be disbursed unless a completed requisition form has been received. (24CFR 885.420.) Nam*, Address and ZIP Code of Borrower (A) Amount Claimed Name, Address and Zip Code of Designated Depository (include bank account number) New Pope Non - Profit Housing, Inc, Western Bank 328 West Kellogg Boulevard _g- P. 0. Box 64689, St. Paul, M 55164 St. Paul, HN 55102 33 771.00 33 771.00 4 . Bond premi In Item nn- I Account No. 402 -556 -3 Project Name in item no. 1 HUD Accounting Use Only Fund Symbol 2,999.00 Winnetka West 7 . T axes —0— 86 x 1115 8 - Insurance during construction Project Number Requisition Number Voucher Number Schedule Number 092- EH254 -WP}- L8 10. One. 11 . f pen Type of Disbursement (Chock appropriate category): 0 Schedule Data Amount (2 initial ❑ Progress ❑ Final 0 $ instrucilons to Borrower: This request is prepared in quadruplicate and the original and two copies shall be submitted to HUD. All items for which loan funds are requisitioned shall be clearly identified by description. Funds shall not be requested for any item until payment is due. A request covering construction cost shall show one entry for the total disbursement requested to meet the net amount due according to the Contractor's Requisition, Form HUD - 92448, attached hereto. The. request for the first payment on account of the Architect's fee shall be accompanied by the Mortgagor's and Architect's Certificate, form HUD - 92403 -1, attached hereto. Requests for subsequent payments on ac- count of this fee shall be made simultaneously with the requests for payment to cover the Contractor's Requisition. To HUD: The undersigned borrower hereby requests HUD to disburse funds as provided by the Building Loan Agreement heretofore executed on the first day of September ' 1990 , as shown In the request for disbursement. Item Number and identification (A) Amount Claimed (B) HUD - Approved Amount 1. Construction per Form HUD -92448 $ 27 $ 2. Interest from ( ) to ( ) _g- 3. Architect's Fee (design) 33 771.00 33 771.00 4 . Bond premi In Item nn- I a 500 w 5. SAC contractor's other fees in item no. 1 6. Surveys, City fees (mortgagor's 'other ") 2,999.00 2,999.00 7 . T axes —0— 8 - Insurance during construction 1,598.00 9. Title and recording fees 3, 253 . 00 10. —0" 11 . f pen 0 12. Crintaultant fpp (C,1)2:) 12.000-00 12.000 13 . Snp 0 650.00 14. 15. Total Due on This Requisition $ 84,828.68 $ 84,828.68 To the best of our knowledge, information and belief the sum requested Is now payable. The undersigned hereby certifies that all of the above Items have been paid or wit paid within five days of receipt of the requisitioned funds. We hand you herewith full supporting Invoices and/or receipts, as required, covering such items enumerated for your review. With respect to any Items of Interest enumerated above, we understand that the disbursement will not Include the amount requested for Interest payable to HUD. However, such amounts shall be accredited to our account and it shall constitute a principal obligation. The undersigned certifies that all prior work, labor and materials to be paid for under this request are satisfactory and are in accordance with the contract drawings. The undersigned further certifies that hazard Insurance as requested by HUD Is In full force and effect upon whatever Improvements are now upon the mortgaged premises Including but not limited to materials stored on site for which an advance Is being requested. We Intend to disburse said sum on or about the 26 thday of September, 19-R0. You are further advised that after the requested disbursement is made,a total sum of $ —fl•- will have been disbursed from loan proceeds and the total sum of $&4,a22 _G8 R will have been disbursed from our cash escrow of funds required at initial closing, if any, to complete the project. (Note: The Borrower's cash escrow must be completely disbursed prior to any disbursement out of the Section 202 loan proceeds.) Name of Borrower I sy: (signature of Authorized Borrower Officiary I Date For Use by HUD Certificate of Approval To Above Borrower and Depository: You are hereby notified that the amounts shown in Column (B) above have been approved for disbursement In accordance with the provisions of the Building Loan Agreement applicable to this project, Of the above total, $ —0— _ is hereby approved for disbursement from loan proceeds in accordance with the above application, and this amount, when disbursed, will thereupon constitute principal secured by that certain mortgage executed by New Hope Non — Profit Housing Inc dated the 1 nt day of Sept— mhor , 19 covering certain property in New Hoye , Mirsiasot:a and this certificate does hereby constitute the approval of the Assistant Secretary for Housing - Federal Housing Commissioner for a loan under Section 202 of the Housing Act of 1959, as amended, and Regulations thereunder for the amount set forth herein, within the meaning of the aforesaid loan contract, provided; that if the above disbursement constitutes the final disbursement to be made under the terms of said Building Loan Agreement and if any items of construction are still incomplete, this approval is based upon receipt of Form FHA -2456 as evidence that the sum of $ n/a has been placed in escrow under the provisions of the "Escrow Deposit Agreement." Explanation of Disallowed Amounts: Its U.— . .. C_hlef. Morton. Credit Examiner IPw'd Previous Edltlon Is Obsol Date 9/27/90 HUD - 92403 -EH (11 -86) HB 4480.1 NEW HOME NON - PROFIT HOUSING INC. Construction Account 328 W. Kellogg Blvd. St. Paul, MN 55102 PAY 1001 October 9, 19 90 22_66/960 TOTHE ORDER OF New Hope Non - profit Housing Inc. $'84,831.68 Eighty Four Thousand Eight Hundred 'Thirty One and 68/100 � % % � � � %�-, -', ;-,-, -; %� %; %�-; -` DOLLARS WESTERN BANK & INSURANCE AGENCY P.O. 80%8!689 ST. PAUL, MN 55184 FO st Draw for Winnetka West _ Q,GC,. _ 1:09600OGG 11: 40 2-1 S SCIll 311 06 1NROWV;HJ3H1! NOIiJ(ig307Vlbl SSON'J 7V101 °''ON N�3HJ 31VQ'MJ3H3 N0I1VIlOdU00 MSNIWIS3M .IIS1 -bb 2 -■■•-■ ■■ 10 MICISO ' d2I00 2I3ZSNiNisaM 3H1 Ol Add * * *SZ °I6££ * ** £IRS 06 -60 -01 LNI' OWV MAHJ 'ON )IJ3FIJ 31VC1 Mf : M _ .l�l� s4 __v• .c :: ►t�T:�a(cE.i ��a► `Y�L�I'.��c ta: � 096l99 fi9t99 NW'V1Vd is 689V9 X08 'O d AON39V 30NVWnSNI 1 9 MV9 Ntl3.LS3M MS000 %L Z01.99 NW 'invd as '0A18 990113>1'M 8Z£ N011VU0da03 U31SNIW1S3M PURCHASER'S RECEIPT - RETAIN FOR YOUR RECORDS PURCHASED BY New Hope Non-profit Housing, Inc. October 9, 19W 22- 66/960 November 14, 1990 Title Services, Inc. 255 Park Square Court 400 Sibley Street St. Paul, MN 55101 Attention: Ms. Linda Franke RE: Winnetka West New Hope, Minnesota FHA Project No. 092-EH254-WPH-L8 Dear Ms. Franke: Westminster Corporation 328 West Kellogg Boulevard St. Paul, MN 55102 (612) 291-1750 HUD has approved the second advance of proceeds for the above-captioned project. In this regard, enclosed are the following: 1. A copy of Form 92403-EH as approved by HUD; 2. A cashier's check in the amount of $85,447.98 drawn on the project's construction account to fund the costs approved by HUD. Please disburse the funds totaling $85,447.98 to the payees listed and in the amounts shown below: 1. Kraus-Anderson Construction Company .... $84,146.32 St. Paul Division 200 Grand Avenue St. Paul, MN 55102 2. Pope Associates, Inc . ...... ............ $ 1,027-76 1360 Energy Park Drive Suite 300 St. Paul, MN 55108 3. Housing Resources Corporation ........... $ 273-90 112 East Elmwood Place Minneapolis, MN 55419 New Hope Non -Profit Housing, Inc. is sponsored by the Westminster Corporation Sincerely, NEW HOPE NON HOUSING, INC. By 3 1(j .1 Deborah L. Bednarz Executive Vice Presidente� Receipt of the cashier's checks totaling $85,447.98 is hereby acknowledged: TITLE SERVICES, INC. By W/� Requisition for Disbursement of Section 202 Loan Funds U.S. Department of Housing and Urban Development • Office of Housing Project Name ,Federal Housing Commissioner Fund Symbol ° _ c, IF OMB Approval No. 2502 -0187 (exp.2128/90 No Section 202 loan proceeds may be disbursed unless a completed requisition form has been received. (24CFR 885.420.) Name; Address and ZIP Code of Borrower New Hope Noa- Profit Harassing, Inc. 88 x 4115 Name, Address and Zip Code of Designated Depository (include bank account number) Western Bank 328.6rest Kellogg.Boulevard RequlalUOn Number P. 0. Sox 64689, St. Paul, MN 55164 St. Pahl, KV 55102 Account No. 402 -556 -3 Project Name HUD Accounting Use Only Fund Symbol $ 84 146.32 Winnetka West ' 88 x 4115 3. Architect's Fee (supervision) (10.790 Project Number RequlalUOn Number Voucher Number Schedule Number 092 - =254 --M La TWO Type of Disbursement (Cheek appropriate category). ❑ Initlai ® Progress ❑ Final Schedule Dole Amount f Instructions to Borrower: This request is prepared in quadruplicate and the original and two copies shall be submitted to HUD. All items for which loan funds are requisitioned shall be clearly identified by description. Funds shall not be requested for any item until payment is due. A request covering construction cost shall show one entry for the total disbursement requested to meet the net amount due according to the Contractor's Requisition, Form HUD - 92448, attached hereto. The request for the first payment on account of the Architect's fee shall be accompanied by the Mortgagor's and Architect's Certificate, form HUD - 92403 -1, attached hereto. Requests for subsequent payments on ac- count of this fee shall be made simultaneously with the requests for payment to cover the Contractor's Requisition. To HUD: The undersigned borrower hereby requests HUD to disburse funds as provided by the Building Loan Agreement heretofore executed on the firs day of September 19 90 , as shown In the request for disbursement. Item Number and identification (A) Amount Claimed (8) HUD - Approved Amount 1. Construction per Form HUD - 92448 $ 84,146. $ 84 146.32 2. Interest from ( )to( ) —0-- ---- 3. Architect's Fee (supervision) (10.790 1,214,68 4 . Cotisnitant fee 10.792 of $3,000) 323.70 5, 6. 7. 8. s. 10. it 12. 13- 14. 15. Total Due on This Requisition $ 85.684.65 $ 85-447-9S To the best of our knowledge, information and belief the sum requested is now payable. The undersigned hereby certifies that all of the above Items have been paid or will be paid within five days of receipt of the requisitioned funds. We hand you herewith full supporting Invoices and/or receipts, as required, covering such Items enumerated for your review. With respect to any Items of Interest enumerated above, we understand that the disbursement will not include the amount requested for interest payable to HUD. However, such amounts shall be accredited to our account and it shall constitute a principal obligation, The undersigned certifies that all prior work, labor and materials to be paid for under this request are satisfactory and are in accordance with the contract drawings. The undersigned further certifies that hazard Insurance as requested by HUD is In full force and effect upon whatever Improvements are now upon the mortgaged premises Including but not limited to materials stored on site for which an advance is being requested. We Intend to disburse said sum on or about the 12tl, day of November 19 You are further advised that after the requested disbursement is made, a total sum of $ ___ _ =O will have been disbursed from loan proceeds and the total sum of $jj0,517.3 yjll have been disbursed from our cash escrow of funds required at initial closing, if any, to complete the project. (Note: The Borrower's cash escrow must be completely disbursed prior to any disbursement out o1 the Section 202 loan proceeds.) Name of Borrower 9y: (Signature of Authorized Borrower Official) Date NEW HOPE NOV- PROFIT HOUSIt�� II3C x. r n 1 . 1490 For Use by HUD Certificate of Approval To Above Borrower and Depository: You are hereby notified that the amounts shown in Column (B) above have been approved for disbursement in accordance with the provisions of the Building Loan Agreement applicable to this project, Of the above total, $ _ is hereby approved for disbursement from - loan proceeds In accordance with the above application, and this amount, when disbursed, will thereupon constitute principal secured by that certain mortgage executed by New JWpe Non— Profit f2ounin2. Tne- dated the _j day of -S x . t ibex - 19 covering certain property in tam Vnpe, M4viri Botla and this certificate does hereby` constitute the approval of the Assistant Secretary for Housing - Federai Housing Commissioner for a loan under Section 202 of the Housing Act of 1959, as amended, and Regulations thereunder for the amount set forth herein, within the meaning of the aforesaid loan contract, provided; that if the above disbursement constitutes the final disbursement to be made under the terms of said Building Loan Agreement and if any items of construction are still incomplete, this approval Is based upon receipt of Form FHA -2456 as evidence that the sum of $ _n /n has been placed in escrow under the provisions of the "Escrow Deposit Agreement." Explanation of Disallowed Amounts: 3. Disallowed amount due to change in percettage of completion. 4. Disallowed Amount due to change in percentage of completion. 3n�ief, Mortgage Credit Examiner j- signalure of AodhGdzed HUD Official 1 Dole HUD - 92403 -EH (11.86) HB 4480.1 FHA FORM 110. 2JJ6 U. S. DtPARTMENT OF HOUSING AND URBAN OEYELO('MEHT R.., 10/72 fEDERAL HOUSING ADMINISTRATION CONTRACTOR'S REQUISITION PROJECT MORTGAGES ITO DE SUBMITTED TO MORTGAGEE IN OVAORUPLICATE) TO Westminster Corporation Ownev Form App,e..d OMB N-- 63-R0671 Project N.. 092–EH254WPII –L8 Roqu:.itio No. Two (2) PROJECT Winnetka West LOCATION _New Hone Minnesota occovdonu with the provision of the COn.ItUC11On C-0-0 doted -if 2 6/90 and C-11-clots and /o, Rtorrggogo,% Cost B,t.kdown (Schedule of Volues) m thereto; this requisition is submitted for the amount of S U4 32 d , 146. (or work p.,(o,mtd up to Ihe doY o( OCt. , 1990 end os it,— 'led below by Ike Old- listed in th. Cost 8reokdown. D A ENTER AMOUNTS TO NEAREST EVEN DOLLAR ( Y° TRADE ITEM COST AS PCR CosT B FOR FHA USE URC..Kloo— AMOVNTI COMPLCTE 7 Convete $ 45,000.00 S S d Masonry 68,600.00 48, 000.00 48, 5 I Mtlels 3,381.00 6 I Rough CorpenUy 104,939.00 , 6 Finish Ce,pen 27,257.00 S 7 IR'otup,00rinq 1,800.00 7 I (nsulot:on 9,350.00 7 (Rooting s shin les 6,560.00 7 I Sheet Mttol 11,450.00 e I Doors s frames 23 856.00 8 1 Windows 17 845.00 s I Clots 9Il 26 012.00 22 048_00 ' 9 OrywoH 77 800.00 g Tile Wor4 " 32 700.00 g 1 A 2 130.00 g w ' Aut Fire 38 600.00 9 I R csa:ent Floo +inq 8,834.00 9 I Pa inting end 0 <c oror;ng 17,700,00 10 1 5o<eietties ' Arrens 11 ISvice:oi Eeu:pment trash chute 0 2,737.00 tt ICobinett 6 Counter Tops 38,852.00 29,400.00 12 I Biindt end Shed,,, A,Iwo,k 2,501.00 12 I L., Ile is 19,417.00 13 S0.6o1 Consnuct;on Prec - ..;34 •- -- 1 4 I E le.eto,s • 32r527.00 15 1 Pt -mb:n and Hot wor 70 000.0' 12 1Heor end V<nt;lorion 58 400.00 15 ( A' 16 IElecnicol _ 1,879.00 Accessory Buildings: 000. 2 I Eo,th 2 I Sae U d;l Ne, 35,000.00 � 5 000 2 I Roods en4 -Wo14, 1 1 5 1 ._ ' 2 Isit. 1.0.......I 2 I Lo and PlonKnq • -- 2 I U n ..... Site CondrLio t IGeneeel Requ,rementt -- 14,000.00 Bo ^ d P emium IS i 4,000. _ 8 < SOU.00 OTHER FEES IS i -• ;.. _ -:r 11,700.00 ( SUBTOT.OF13Rx:6 -TE /!S S 00 =1079- $ 119,299.00 (2) BUILDER'S OVERHEAD ` 1 Sgg,p99 77 714-nn .10795 S 2,3 (T) PROFIT ,� S T R 7RK n p_ .10792 S 1,973.00 TOTAL OF ( <) T OTAL OF COST DREAY.DOSN ITEMS S S Q 125,691,00 5 (S) INVENTORY OF MATERIALS STORED Cx61TE (Ste A•0) l4leoJ —__ S (b} SUM. OF CG;T BP.EAr,DOAN ITEIJ,S PLUS UVENTORIES OF IJA7ERIALS S 123,615.00 S (7) LESS NET DEC P.EA$E IN c COST AS A P.,SULT OF APPROVED CHANGES S 102 751. S ( 8) 7 0TAL AFTER ADJUSTING FOR NET DEC REASE TO APPROVED CHANGES (g) LESS RETAINED l0. S S l QZ.751_ 1101 BAL.: TOTAL au.0V11T DUE TO D:.TE O OJ l ACC'li O F Ca1STP.UCT10rt CQITEACT S 12,362.00 S 111,253.00 S 10 S ill) LESS PREVIOUS PAYMENTS 06.68 '17) NET AMOUNT DUE ON THIS REQUIStT10N S 27,106.68 S84,146.32 vA a he .t, a .l_ I n<•_ S 84 146.32 project. tf p to the O-h, et 5 L1,1vu.O _. u date hercol on rf,< cenvrouron connoct Opp Leoble to Ih:t Dote n,..- „t..._ �m ,r.mm 5LP .. _ • f drnord _..._...- _ "'• - _--”' `•"� / I V"`�'�' Jrom ,obroml of Ibe°6doo.n Item; (COL U dre,d by Col. AJ • (Cul. C d,r•,drd by Col. A/ 11 ul Mond I,,mu., J NO7Et Anoched: .n o. of m•L.;oh oared en sir +, iam;•od e1 • .. and r a! ;<or:•n, o• to gv°npti•• and — 1.. 1... . with rh. Con.rmcr:en Conr.ecr, FHA <• re w6mn. Del. November 3, 1990 FOR USE OF FEDERAL HOUSING AOMINIS7RA710N H., Ame.., A,,,,e,.d F., P.,m.nt b 34,146.32 COL. a COMPLETED Dr Lind tidenz ... . , MDR TGA GE CnCOIT CXAMINER TlCuICKCD AND Anvnevtr OY ° -- A. Nietz, Chief, Multifamily Branc ( nl ( /'tr c. d. L C•,.. nr ; ar non or lrf ,lrt, Cr.d.( 'tym rrl ,n ,...,.. ....,.,.,.... ': John E.- Buenger, Director, Housing, 01 npmpnf FHA FORM NO. 2403 -A U.S. DEPARTMENT O; HOUSING AND URBAN DEVELOPMENT R. 10/72 FEDERAL HOUSING ADMINISTRATION CONTRACTOR'S PREVAILING WAGE CERTIFICATE ' (For use under all sections of the National Housing Act requiring certification as to payment of prevailing wages. To be submitted with each request for insurance of advance or mortgage proceeds which includes a payment on account of con- struction cost, or at the time the mortgage is presented for insurance pursuant to a commitment to insure upon completion.) To: Federal Housing Commissioner Date Advance No. c/o , Director Project Name _. WinnPi-ri Want Field Office Project No. — 8 1. The undersigned, as principal contractor in connection with the construction of the above project, states that he is fully familiar with applicable wage determination decision of the Secretary of Labor. 2. He certifies that: (a) A copy of the applicable wage determination decision I. posted in a conspicuous place at the site of the work and he has required each subcontractor as a part of his contract, to agree to pay wages at rates not less than those contained in the decision, (b) All laborers and mechanics employed in the construction of the project have been, to the date hereof, paid for such employment at wage rates not less than those contained in the appliccble wage determi- nation decision of the Secretary of Labor and no deductions or rebates have been made, either directly or indirectly, from the full weekly wages earned by any person, other than permissible deductions as defined in Regulations of the Secretary of Labor, Part 3 (29 CFR Part 3). (c) He has fulfilled his obligations, to the date hereof, under The Labor Standards Provisions of the Supple - mentary Conditions of the Contract for Construction and has included said conditions in all subcontracts. 3. This certificate is executed by the undersigned for the purpose of inducing the Commissioner to approve for insur- ance that certain mortgage loan; or an advance thereof, made or to be made by the mo.tgogee in connection with the construction of the project, and with the intent that the Commissioner rely upon this certification to establish compliance with the provisions of Section 212 of the National Housing Act, which provides in port: The Commis- sioner shall not insure , , , unless the principal contractor files a certificate ... certifying that the laborers and mechanics , , . have been paid not less than the wages prevailing ... as detc .riine/d/by� the Secretary of Labor . Kraus- Anderson Construction Co, gy -��' r'► (/v^ - Contractor Bruce M. Werner - Vice Pres. Finance ' WARNING U.S. Criminal Code, Section 1010, Titie 18, U.S.C„ "Federal Housine Administration transactions," provides in par:: "ti'hoevcr, for the purpose of ... influeneinC in any way the action of such Admintsuation .. , mukcs, passes, utter%, or publishes any statement, k+owinC the same 6o be false, . , ,shalt be tined not more than 55,000 or imprisoned not more than two years, or both." ARCHITECT'S CERTIFICATE I CERTIFY that I (or any authorized representative) have visited the project, within days prior to the date Of this Certificate, to determine the true basis of cost upon which I hereby certify° this payment. I further certify that all prior work and the work labor, and materials, to be paid for under this Request for Payment are satisfactory and in accord- ance with the Contract Drawings. f 1 � c.itr ri Date G ----- v By INSPECTOR'S CERTIFICATE Amount Modified I ❑ do Modification I CERTIFY th:,t I have visited the site on this date and monitored the roc. and reports of the architect or if there is no architect in the construction period that I have inspected the proper:}° on this date, that the amounts reported herein represent acceptable work find materials and that in either case I have no personal interest, Present or prospective, in the property, applicant, or proceeds of the mortrnge. / c^ WESTMINSTER CORPORATION Jan uary 3, 1991 BOARD OF DIRECTORS John Maney* Lyn Burton* Joseph Errigo* Title Services, Inc. Edward Driscoll* 255 Park Square Court William Cosgriff* 400 Sibley Street Gayle Kvenvoki* St. Paul, MN 55101 Patrick Conway Russell Ewald Attention: Ms . ; Linda Franke Penelope Hunt Connie Levi Rev. Austin Ward RE: Winnetka West New Hope, Minnesota Albert Colianni FHA Project No. 092- EH254- WPH -L8 Jack Hodnett Rebecca Roloff Dear Ms. Franke Diana Markfort Mary Leintz HUD has approved the third advance of proceeds *Executive Committee for the above captioned project. In this regard, enclosed are'the following: WESTMINSTER MANAGEMENT CORPORATION A copy of Form 92403 -EH as approved by HUD; Joseph Errigo J ohn Horner 2 .. A cashier's check in the amount of Susan Sands $137,810.70 drawn on the project's construction account to fund the WESTMINSTER RESIDENT costs approved by HUD; SERVICES CORPORATION 3 . Invoices for survey and legal J oseph Errigo Richard McCarthy services. Barbara Kilbourne Please disburse the funds totaling $137,810.70 to the payees listed and in the amounts shown below: 1. Kraus - Anderson Construction Company St. Paul'Divisi'on 200 Grand Avenue St. Paul, MN 55102........$135,255.00 2. Pope Associates, Inc. 1360 Energy Park Drive Suite 300 St. Paul, MN 55108..... ...$ 1,487.05 An Affiliate of the Arrhdiocese of Saint Paul and AlintieaEolis 328 %lest Kellogg BOUIcvar�l *St. Paul, Minnesota 55102 • (612) 291 -1750 • F;)x (612) 291 - 1003 Title Services, Inc. January 3, 1990 Page 2 3. Housing Resources Corporation 112 East Elmwood Place Minneapolis, MN-55419 ..... $ 396.30 4. Sigma Surveying Services Inc. 3730 Pilot Knob Road Eagan, MN 55122...........$ 300.00 5. Ross, Rosenblatt & Wilson, Ltd. 4000 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 ....$ 372.35 Sincerely, NEW HOPE NON - PROFIT HOUSING; INC.' By 12'x? r Deborah L. Bednarz Executive'Vice Presidenj Receipt of the cashier's checks totaling $137,510.70 is hereby acknowledged: TITLE SERVICES, INC. By f Requisition for Disbursement of Section 202 Loan Funds U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner OMB Approval No. 2502.0187 (exp,2128l90) No Section 202 loan proceeds may be disbursed u nless a co mpleted requisition form has been received. (24CFR 885.420.) Name, Address and ZIP Code of Borrower (A) Amount Claimed Name, Address and Zip Code of Designated Depository (include bank account numb"/ New Hope Non — Profit Housing, Inc. Western Bank 328 West Kellog. Boulevard —0- P. 0. Box 64689, St. Paul, MN 55164 St. Paul, MN 55102 1,590.62 1,487.0 4 • Consultant fee 23.26% of $3,000 less Account No. 402 -556 -3 Project Name 423 HUD Accounting Use Only fund Symbol Winnetka West 7- through initial closing) 300.00 06 x 4115 6 • Legal (,indLp nd nt opinion Project Number - qulellion Number 9 • deliv ered at closing) Voucher Number Schedule Number 092— ER254— WPH —L8 Three 11. Type of Disbursement (Check apprcor("e category): 12. Schedule Data Amount ❑ Initial Progress ❑ Final S instructions to Borrower: This request is prepared in quadruplicate and the original and two copies shall be submitted to HUD. All items for which loan funds are requisitioned shall be clearly identified by description. Funds shall not be requested for any item until payment is due. A request covering construction cost shall show one entry for the total disbursement requested to meet the net amount due according t the Contractor's Requisition, Form HUD - 92448, attached hereto. The request for the first payment on account of the Architect's fee shall be o accompanied by the Mortgagor's and Architect's Certificate, form HUD - 92403.1, attached hereto. Requests for subsequent payments on ac- count of this fee shall be made simultaneously with the requests for payment to cover the Contractor's Requisition. To HUC. The undersigned borrower hereby requests HUD to disburse funds as provided by the Building Loan Agreement heretofore executed on the first day of September 119 , as shown In the request for disbursement. Item Number and identification (A) Amount Claimed (B) HUD - Approved Amount 1. Construction per Form HUD -92 $ 144 586.00 $ 135,255.00 2. interest from ( ) to ( ) —0- 3. Architect Fee (23.26% of $11,257 less $1,027.76 1,590.62 1,487.0 4 • Consultant fee 23.26% of $3,000 less 5• $ 273,90) 423 396.30 6. Qther fees (12alance of surv 7- through initial closing) 300.00 6 • Legal (,indLp nd nt opinion 9 • deliv ered at closing) 372.35 10. 11. 12. 13. 14. 15. Total Due on This Requisition $ 147,272.87 $ 137,810.70 To the best of our knowledge, information and belief the sum requested Is now payable. The undersigned hereby certifies that all of the above Items have been paid or will be paid within five days of receipt of the requisitioned funds. We hand you herewith full supporting invoices and /or receipts, as required, covering such Items enumerated for your review. With respect to any Items of Interest enumerated above, we understand that the disbursement will not include the amount requested for Interest payable to HUD. However, such amounts shall be accredited to our account and It shall constitute a principal obligation. The undersigned certifies that all priorwork, labor and materials to be paid for under this request are satisfactory and are in accordance with the contract drawings. The undersigned further certifies that hazard Insurance as requested by HUD is In full force and effect upon whatever Improvements are now upon the mortgaged premises Including but not limited to materials store on site for which an advance Is being requested. We Intend to disburse said sum on or about the 12th day of December, $77,031.53 You are further advised that after the requested disbursement Is made, a total sum of $ will have been disbursed from loan proceeds and the total sum of $ 240 , 518 will have been disbursed from our cash escrow of funds required at initial closing, If any, to complete the project. (Note: The Borrower's cash escrow must be completely disbursed prior to any disbursement out of the Section 202 loan proceeds.) Name of eonower (Signature of Authorized 6onower Official) BY Date NEW ROPE NON— PROFIT HOUSING, INC. .r-- -) 2 & November 29, 1990 For Use by HUD t-7- Certificate of Approval To Above Borrower and Depository: You are hereby notified that the amounts shown in Column (B) above have been approved for disbursement In accordance with the provisions of the Building Loan Agreement applicable to this project. Of the above total, $ 67.569.36 _ is hereby approved for disbursement from loan proceeds in accordance with the above application, and this amount, when disbursed, will thereupon constitute principal secured by that certain mortgage executed by New Hope Non — Profit Housing. Inc dated the 1st dayof September 19 90 , covering certain property in New Hopp Minnesnta and this certificate does hereby constit ute the approval of the Assistant Secretary for Housing - Federal Housing Commissioner for a loan under Section 202 of the Housing Act of 1959, as amended, and Regulations thereunder for the amount set forth herein, within the meaning of the aforesaid loan contract, provided; that if the above disbursement constitutes the final disbursement to be made under the terms of said Building Loan Agreement and if any items of construction are still incomplete, this approval is based upon receipt of Form FHA -2456 as evidence that the sum of $ n a has been placed In escrow under the provisions of the "Escrow Deposit Agreement." Explanation of Disallowed Amounts: 1. Amount modified by architect. 3. Disallowed amount is due to change in percentage of completion. 4. Disallowed amount is due to change in percentage of completion. ef, Mortgage Credit Exriner /7 Sign Wdhn Ub Otlielet Dale -�- vid A. Nietz; Chief, Multifam y Bra 1 �d 1 2 / 3 / 90 Previous Edition is Obsolete p irector, -, ousing ev -- HUD - 92403 -EH (11.86) HB 4480.1 Contractor's Requisition Project Mortgages U.S. Department of Housing and Urban Development Feller if Housin "i r Federal Housing. Commissioner OMB 2502-0028 (Exp. 2- 29 -87) To be submitted to mortgagee In quadruplicate 70 lorn•n R.eviNlbn Numw, Westminster Cornoration Th P t'1) hol•ct P1.1 Na, - Winnetkn West 09 - .H ?54WPH -,g New Honr_ MinnPantn v� In accordance with the provision of the Construction Contract dated 9/26/90 and Contractor's and/or Mortgagor's cost Breakdown (Schedule of Values) attached thereto, this requisition Is submitted for the amount of S 144 due for work performed up to the 27rh day of tJ— i can and As Itemized below by the Iran «. li In Ih., crw..w„t....1 D I V Trade Item Cost as per Cost Breakdown A Enter Amounts to Nearest Even Dollar Amounts Complete B For HUD -FHA Use C Concrete S 45,000.00 S 35,000.00 5 4 Masonry 68,600.00 68;- tee - '09 -' 5 Motels 3 381.00 6 Pouc Carp entry 104 939.00 5,000.00 8 Finish Carpentry 27 257.00 7 Waterproolln 1,800.00 1,800.00 7 Insulation 9 350.00 187.00 7 Roofing 6,560.00 7 Sheet Metal 1.450.00 8 Doors & Frames 23,856-00 8 Wlndows B IG1833 9 La 7 9 1 Drvwalf 9 ITIle Work 12f)(1 no 9 A - ItCa 9 W 9 1 Resilient Flooring G 9 1 Painting and Decoratin 10 Specialties , It- arrpnn 11 ()Is nn 11 ISoaclal Equipment T rh,lt-. 2,717 00 11 lCabipals 11 Ao liances - 12 l Carpm5 Blinds and Shadow Artwork sni on 12 • o 617 nn ' 17 ISpoclal Construction Precast 34 800.00 34 800.00 14 lElevalor3 32,527.00 3,280.00 15 Plumbing and Hot Water 70 000.00 1,400 15 Hoot and Ventilation _ 15 AI R 18 Electrical Accessory Bulldlh z 2 Earth Work d q 2 Site Utilities 2 Roads and Walks 2 Silo imorovemont 2 Lawns and Planting 1 S g82 - On 2 Unusual Silo Conditions 1 General Reoulremonts no 28 000.00 1 Bond Premium S 8 500 �•✓- +r.' -" % tir::' , `:sfi�v'.:`.�i.�L��i�1 °r.:: -r. tf+'�Cr,h""o .- .:'.G"rF tJ'a -::r 1 Other Foos (511,700) i:�:i�:•d«K::'l �'<:r.8 ?1 °r' ', "tC• i {'�;Fir "` r ; -v, r t _LI Subtotal of Breakdown Items S ° 232t S • . S 242 517 t2j Bulldor's Overhead S 21 714.00 23 S S 4,851 (� Bulldor's Profit S 18 286.00 S 4,253 -00 2.34 S 4 < Total of Cost Breakdown items S 1,125 697 .00 S 261,821-00 S 0 5 Inventory of Materials Stored Onsilo See Note Below S $ 6 Inventory of Materials Stored Oft -Site (See Note Below) S S _a Sum of Cost Breakdown items Plus Inventories of Materials S 261 BR _on S 251 453.00 Loss Net Decrease In Cost as a Result of Approved Changes S S Total Altar Adjusting for Not Decrease to Approved Changes S 261 _ g S '251 4t;'< nr1 10 Loss Retained 10% S 2A,1 R2-1710 S 25 145.00 11 Bat : Tolai Amount Duo to Date on Account of Construction Contract $ S 12 Less Previous Payments $ gi nq n S 10 Net Amount of This Requisition It 955 _f)n I ceRlly inal the VVOra covered by this requisition nas been completed In accordance with the Contract Documents , and that I have actually received S -11_1153- for Work performed and materials purchased up to the 31 G+ day of n.-r _ _ 1 gdn date of previous requisition). o.l• Convector `,(f Kraus- Anderson Const. Co. ohn W_ Srh Psrc•n1-9- d.lb.d Iron m1,100 .1 61.0d.— It... fC.O. a dlvld•d by C.L A) Nela: Atlech.d Inonlory or m.bad. 0.031.•4 e. o eu nua•s .lid co.l.. (C C dtrtd.d ar Cat A) f+clv,A. of 8ond P—Itt. I - Fo Use of HUD-Federal Housing Commlaeloner o.m 12 190 N.1 Amovm APOIO.w for P.ym.nl $135,255.00 . Review! n proved by David A. Ni tz_ ri,i Rrnlxrs FlIA -24411 arvl FlIA -2403-A Which At. 01 -1.le C C 01.l.d by / Cindy Wenz C,* x E ue ;. E. ue ge fro —lw, HUD -92440 112.84) Arcttltact's and Inspector's Certlficato for Payment Archltect'a Certiiicato I certify, based on my on -silo observations (or those of my authorized repreaontative) and the data comprising this roqul3ltlon, that the Work has progro33od to the point indicated: that to the best of my knowledge, Information and belief the Work 13 In accordance with the Contract !Documents: and that the Contractor is entitled to payment of the amount eertlfied. Inspector's Certtticate Amount Modified a No Modification II comity that t have visited the 3110 on this data / / — 2 — �/� % obsery the ork, and tog and reports of the Architect (It an archltact 13 adminstoring the Con3truction ct) that to the best m m the . knowiodgo, Information and belief the amount cortlllod represents acceptable Work: and that I have no personal Interest, pro3oni or pro3poellve. In the propert applicant or proceeds of the mortgage. G.1. Contractor's Prevailing Wage Certificate (For use under all sections of the National Housing Act requiring certification as to payment of prevailing wages. To be completed with each request for insurance of advance of mortgage proceeds which Includes a payment on account of tion construc cost, or at the time the mortgage is presented for Insurance pursuant to a commitment to Insure upon completion.) nuu reaerai housing Commissioner FI.14 011k. P N.- Winnetka West . 1 N., 0 92- EH254- WPH -L8 I. The undersigned 33 principal contractor in connection with the construction of the above project, slates that he is fully familiar with applicable wage determination decision of the Secretary of Labor. 2. He certlfles that: a. A copy of the applicable wage determination decision Is pouted In a conspicuous place at the site of the work and he has required each subcontractor as a part of his contract, to agree le pay wages at rates not less than those contained in the decision. b. Alt laborers and mechanics employed In the construction of the protect have been, to the date hereof, paid for such employment at wage rates not less than those contained In the applicable wage determination decision of the Secretary of Labor and no deductions or rebates have been made, either directly or Indirectly, from the full weekly wages earned by any person, other than permissible deductions as defined in Regulations of the Secretary of Labor, Part 3 (29 CFA Part 3). c. He has fulfilled his obligations, to the date hereof, under The Labor Standards Provisions of the Supplementary Conditions of the Contract for Construction and has included said conditions In all subcontracts. 3. This certificate Is executed by the undersigned for the purpose of Inducing the Commissioner to approve for Insurance that certain mortgage loan, or an advance thereof, made or to be made by the mortgagee In connection with the construction et the project, and with the intent that the Commis5ioner rely upon this certification to establish compliance with the provisions of Section 212 of the National Housing Act, which provides In part: The Commissioner shall not Insure . unless the principal contractor tiles a certificate ... certifying that the laborers and mechanics ... have not been paid not less than the wages prevailing ... as determined by th Secretary of Labor..." conN.clar sy , r- Warning hn W. letty Sr. Vice President U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housi Administration transactions," provides In part: "Whoever, for the purpose of ... Influencing in any way the action of such Administration ... makes, passes, utters, or publishes any statement, knowing the same to be false, ... shall be fined not more than $5,000 or imprisoned not more tha two years, or both." ----- ....... MUSS, 11 OSENBLATT A I WILSOn, LTI) ATTORNEYS 8 COUNSELLORS 4T LAW a 4000 PIPER JAFFRAY TOWER 222 SOUTH NINTH STREET MIN,VEAPOLIS. AIINNESO -rA 5S402 EMPLOYER IDENTIFICATION NO. 41.1484097 (612) 339.4141 OCTOBER 15, 799() 905 WESTMINSTER CORPOR.ATIOJ,� CIO MR. WILLIAM J. COSGRIFF DOHERTY, RUMBLE g BUTLER, , WORL MINNESOTA P.A. D TRADE CTR STT. PAUL, MN 55101 SECTION 202 PROJECTS )R PROFESSIONAL SERVICES SEPTEMBER 25, 199.0 T RENpERED FROM HROUGH OCTOBER \15. 1990 AS FOLLOWS; !25/90 SEW TELEPHONE CONFERENCE WITH k'ILLIAN COSGRIFFr REVISE HUD DOCUMENTS HOPE AND ROBERT REGARDING NEW WIL OPINION L TO HUD: COMMUNITY; DRAFT DIS BURSEMENTS TO TAL SERVICES: POSTED THROUGH OCTOBER 1S. $720 199 p; DELIVERY SERVICE ' 24 TOTAL DISBURSEMENTS: TOTAL SERVICES $24 7p AND DISBURSEMENTS: $744.70 �...� �LG TZ'y G /�'�.'",.j,� /•/7- /2.L>.i L 1` I t I ! ( in I0 at' n! ntiy�ilst u( statement. phis atatrrn�nt r }ru•c ,.� Costs anCl Caj�C ❑SC( [n��u rr. .. IL SU,r;VEI'ING SERVICES INC. TO: Westminster Corporation 328 West Sixth Street St. Paul, MN 55102 ATTN: INVOICE No. 3037 Date: 10 - 15 - 90 Project: WINNETKA WEST; New Hope, MN Main Description: Update Land Survey D escription: Field Check Atlo -_ ' Update Sury eY Drawing and Office 75.00 Review Printing and Delivery 225.00 I TOTAL, DUE: ' $ 300.00 DATE DUE: 10 -25 -90 This invoice is subject to Char Net 10 da on unpaid balances after530ercent monthly days service of date of invoice. L000n. t, ^;nn� ;.::tc ,5122 - --`_' _ ; ; PURCHASER'S RECEIPT - RETAIN FOR YOUR RECORDS PURCHASED i314EW HOPE NON-PROFIT HOUSING IN A 322144 22-66/960 o t 0 hlt 137 t 8 10 -70 r-- N T S MEMORANDUM I :Oqr000Gr. Ji:40000 206 21" f ' i r r' � 1 ' 1 ! w 'i !, r' ; rl y Jo'hn,Maney* Lyn Burton* Joseph Errigo* Title Services, Inc. Edward Driscoll* 255 Park Square Court ,Williirn Cosgriff* 400 Sibley Street I Gavle Kvenvold* St. Paul, MN 55101 Patrick Conway Russell Ewald Attention: Ms. Linda Franke Penelope Hunt Connie Levi Rev. Austin Ward RE: Winnetka West Albert Colianni New Hope, Minnesota FHA Project No. 092-EH254-WPH-L8 Jack Hodnett Rebecca Roloff Dear Ms. Franke: Diana Mirkfort Mary Leintz HUD has approved the fourth advance of proceeds *Execurive Committee,- for the above-captioned project. In this regard, enclosed are the following: WESTMINSTER MANAGEMENT CORPORATION I. A copy of Form 92403 -EH 'as approved by HUD; Joseph Errig6 John Horner 2. A cashier's check in the amount of Susan Sands $128,513.55 drawn on the project's construction,account to fund the' WESTMINSTER RESIDENT costs approved by HUD; SERVICES CORPORATION 3. A copy of the HUD-approved Joseph Errigo contractor's Requisition form. Richard McCarthy Barbara Kilbourne Please disburse the r funds totaling $128,513.55 to the payees listed and in the amounts shown below: 1. Kraus-Anderson Construction Company St. Paul Division 200 Grand Avenue St. Paul, MN 55102......$126,730.00 2. Pope Associates, 1360 Energy Park Drive Suite 300 St. Paul, MN 55108..... ...$ 1,408.25 An Affiliate of the Archdiocese of Saint Paul and Alinneapolis , 328 West Kellogg Boulevard • St. Paul, Minnesota 55102 • (612) 291-1750 • Fax (612) 291-1003 j Title Services,-Inc. January 28, 1991 Page 2 .3. Housing Resources Corporation 112 East Elmwood Place Minneapolis, MN 5541.9.....$ 375.30 Sincerely, NEW HOPE NON- PROFIT HOUSING, INC. By 4j Deborah L. Bedn rz Executive Vice Presiden Receipt of the cashier's checks totaling $128,513.55 'is hereby acknowledged: TITLE SERVICES, INC. By i t 1 ' �uiS for Disbursement U.S. Department of Housing and Urban Development =Se 202• Loan Funds Office of Housing $ 136,101.00 Federal Housing Commissioner OMB Approval No. 25020187 (exp.2128=) section 202 loan proceeds may be disbursed unless a completed requisition form has been received. (24CFR 885.420.) Oulona.d Depository trnctude book account ouMbed 811, Add1eH and ZIP Code Of eorroaer Name, Address and Zip Code of w,Rope Non - Profit lIoosift, Ioca ia4�s� I1ZIfltarrl Bank Box 64689, St. Peal, ?(N 55264 M Went Kellogg Boulevard 9. o. to Psul, MN 55102 .. Account No. 402 -556 -3 .n tL: HUD ..o— us. Only 00 Name Lion W ent 08 4115 be x 1116 �4 fast No *9 nequleltion Number voucher Number acnedulo Number ) N of Disbursement (chock appropriate category): Schedule Oslo Amount Motel 10 Progress ❑ Final it .. n s recllort to Borrower: This request is prepared In quadruplicate and the original and two copies shall be submitted to HUD. All Items for doh loan funds are requisitioned shall be clearly Identified by description. Funds shall not be requested for any Item until payment le due. regrest covering construction cost shall show one entry for the total disbursement requested to meet the net amount due according to 1 Contractor's Requisition, Form HUD-924-18, attached hereto. The request for the first payment on account of the Architect a tee shell be companled by the Mortgagor's and Architect's Certificate, form HUD•92403.1, attached hereto. Requests for subsequent payments on so- tint of this fee shall be made simultaneously with the requests for payment to cover the Contractor's Requisition. i HUD: The undersigned borrower hereby requests HUD to disburse.funds as provided by the Building Loan Agreement heretofore executed on .1900 , as shown in the request for dleburesmant. list Numbecand Identification (A) Amount Claimed (8) HUD•Approvsd Amount Constructi per Form HUD -92448 $ 136,101.00 3 0 Interest from ( - ) to ( �- Arohtteot'sFee (" o f_¢��Z,�7�140I��a514al11 t SQ3 94 ia4�s� •'lSMtuui'teas *gra �®w l�1 '�I..T.z- .pf,:a3, 0(}Q_'!'!O Q.2 .. .n tL: 01 mri E. t. !'{'y i' Tor rj• IL'. .. �_ few 0" on , T7ii Ae _13 tt�4fl5 74 .12 Sl ti . To the best of our knowledge. Informatlon and belief the wm requested is now pa eble. i no unoereigneu norouy w,..no. 1 "...1. - ...., -.. - -- Items have been paid or will be paid within five days of receipt of the requisitioned funds. We hand you herewith full supporting Invoices and /or teoelpls. as required, covering such items enumerated for f our review. With respect to any Items of interest enumerated above, we understand that the disbursement will not Incluee the amount toques tad for Interest payable to HUD. However such amounts shall be accredited to out account and it shell constitute a principal obligation. The undersigned certifies that all prior work, is6or and materials to be paid for under this uest pro ) y HUD is In full force and effect upon accordance i whatever Impro vements are now upon the mortgaged ged further req uested Including but not limited tom feriae b stored on site for which on advance to being requested. We Intend to disburse sold sum on or about the 15th day of Jam"ry, tp 1. 0205,575..10 yoU are further advised that after the requested disbursement Is made, a total sum of $ will have been disbursed from ioah.proceede e and the total sum of E.2AO i will have been disbursed from our cash escrow of funds required at Initial closing, it any, to complete th project. (Mote: The Borrower's cash escrow must be completely fisbursed prior to any disbursement out of the Section 202 loan proceeds.) YUIro d - e . tSignal" of Authorized eorroo or 011icleq set. tares Ilea hu 14tin Ceffiflests of Approval To Above Borrower and Depository: You are hereby notIled that the amounts shown In Column (B) above have been approved for disbursement in accordance with the provisions of the Buiidipg Loan Agreement applicable to Ihle project; Of the above total, $ 4ZA SL 4 _" _I* hereby approved for disbursement from loan proceeds In accdrdance with the above application, and this amount, when disbursed, will thereupon constitute principal secured by that certain mortgage executed by �bjpp��(gp}r1t- it8+tas��rr Z fated the mg t_ day of _,_$eptatipb . .19_10_. covering certain property In and this certificate does hereby constitute the approval of the Assistant Secretary for HoueIng -Federal ousing Commissioner fora loan under Section 202 of the Housing Act of 1959, ea amended, and Regulations thereunder for the amount set forth herein, within the meaning of the aforesaid loan contract, provided; that If the above disbursement constitutes the dual disbursement to be made under the terms of sold Building Loan Agreement and If any Items of construction are still Incomplete, this approval Is based upon receipt of Form FHA-2458 as evidence that the sum of S --_ LJ.g_ has been placed in escrow under the provisions of the "Escrow Deposit Agreement." Explanation of Disallowed, Amounts: I Antatmt diaallotred due to lao ic difatian by inepetctors. Z. Ataorunt disallowed dos to duk"Iga to parCantaga of cleaaelatian. et Araound disall due to chaos® is parcitntaga of C"Wletion. Credit E..-i= a an ur ( dr a uD Offt 1.1 Dete ' - - -- - - - - . HUD - 92403 -EN (11.88) Edition Is Obsolete HB 4480.1 or's Roqulsitlon Mortgages milled to mortg agee i qua ' We�tmtn , ,_ .. MWbUNehrmMt , _ step CDiDOltP {On (F .. I hMKr he. {weuw „ In accordence vlth the provision of the Cenatructlen Contract dated 9/26/90 end Contractor'. endlor Mortoepor's Cost oteakdovn te (Schedule of Values) attached lharalo. this ropulsflion le anhlII.d Inr tx........_. _r •r r.. Nl .IrnNx e .. sWrsblKa..Kee�.xrgreer hn_N. Sehlttt .. K..eC...YN ar" t•r+..r.. er a« .. n ......e 1 Cr!�) heir, wuK w.rry e1 ....wy, x N H r rwa Fes Us# of HuD•Federal Houoln0 Commleeloner OZ — .. OZ 1/11/91 jxr/ 1LO It/ r. e.s..y tw.- erw..iW ey / .. . e GW r ..... Cindp Wana Re b ed end Approved by GKr. s• r 1 • Mlrli<ifmi1 Branch °" I FMiry r11A 744n and r$IA 24n7•A vn. !. John. Btteri r.,' A: a Ara 'tttt �� IIUD �7ete t170� ;' U.S. Department of Housing and Urban Development Oftice of Housing Federal Housing COMM,, stoner OM 0 2502.0028 (Eap.2 -24 -an 199 ( �dale of previous raqulslllont. OeN C..rKra .'Archlloct's and tnspoctor's CortifIcato for Paymont c Archttect'e Certlllcate , `:''I earthy, based on my on•sIta observations (or those of my aulhorirod ropresoniativo) and the data comprising Ihis requI31Iton, that the Ylork has progressed to the point Indicated: that to tho best of my knowlodgo, Information and bollef the Work Is In # ,. accordance the Contract Documents: and tha� the Contractor Is entitled to payment of the amount certified NsYr a Or �' Inspector's certificate j Amount Modified O No f•todllicalfon ° i certify that i havo visited the alto on this data (� 1 , observed tho Work, and monitored the . iog and reports of tho Architect (if an archiloct Is odminstoring the Construction Contract); that to the boot of my 'knowledge. Information and ballot the amount certified represents acceptable Work: and that I havo no personal Interest, Present or orosooctive In the property, applicant or proceeds of the mori ago, e.r• rnyalM Contractor's Prevailing Wage Certificate_»_ _... o- (For use under all sections of the National Housing Act requiring certification as Io payment of prevailing wages. To be completed with each request for Insurance of advance of mori gage proceeds which Includes a payment on account of construction cost, or at the time the mortgage Is presented for Insurance pursuant to a commitment to Insure upon y completion.) _ •_,. t« HUD Federal Housing Commissioner • °__.... __ _ lo.,., ... <.N.. , t -- Winnetka west° hw Ouks �•— ' ' _- 092- Ei1254- 14PfI-LB—° - _c:_.. R. The undersigned, as principal contractor in connection with the construction of the above project, states that he Is fully .' I2m6lar with apptieablo wag dotorminalIon decision of the Secretary of Labor. ° 2. He certifies that: a. A copy or the applicable wage determinatlOn decision Is posted in a conspicuous place at Iho site of the work and he has required each subcontractor as a part of his contract, to agree to pay wages at rates not less than t Contained in the decision. hose. b. Ali laborer and mechanics employed in the construction of the project have been, to the date hereof, paid for such i employment at wage rates not less than those contained in the applicable wage determination decision of the Secretary of tabor and no deductions or rebates have been made either directly or Indirectly, from the lull weekly wages e by any person, other than permissible deductions as defined In ,Regulations of the Secrela d ry of Labor, Part 3 (29 earned •; Part 3)• _ _ _ _ c. He has fulfilled his obligations, to the date hereof, under The Labor Standards Provisions of the Supplementary Conditions of the Contract for Construction and has Included said conditions In all subcontracts. 3. This certificate Is executed by the under)gned for the purpose of inducing the Commissioner to approve for Insurance that certain mortgage loan, or an advanco thereof, made or to be madp by the mortgagee in connection with the construction of the project, and with the Intent that the Commissioner rely upon this certification to establish compliance wtth the provisions of Section 212 of the National Housing Act, which provides in part: The Commissioner shall not Insure :. unless the principal contractor Illos a certificate ... certifying that the laborers and mechanics ... have not been paid not less than the wages prevailing as determined by the Secretary of tabor..." EMNK.Y .. • t:reus- Anderson Construct Co. // i x"/zp�.!!e� Warning John W. Schlett, , Sr. Vice President U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions," provides In part: "Whoever, for the purpose of ... influencing in any way fire cation of such Administration ... makes, passes utters, or • publishes any statement, knowing the same to be false, ... shall be lined not more than 55,000 or Imprisoned not more . than Iwo years, or both:' % ;r J'. � .t t ' 1`• N Netu �1 14o W Co-re � a) ((O�;s a vd PAY TO THE ORDER OF -�- I Z:) oq Z 19 22-66/%0 Ll-DO P, WESTERN BANK & INSURANCE AGENCY P.O. Box O4689 ST. PAUL, MN 55164 FOR 0 2 too S S r, lot 3 lie q J., T a a P L q T 2 A 322590 PURCHASED BYVEW HOPE NON j -IG 22- 66/960 PAYABLE TO IMM TITLE SERVICES INCORPORATION RECEIPT FOR A j6t&y'O h4 :C, DOLLA RS r 'AN t 5 5 C TS %qWESTERN BANK { MEMORANDUM & INSURANCE AGENCY P.O. BOX 64689 ST. PAUL, MN 55164 1 :09000066 0: 10000 20G 211• Northem Environmental Hydrologists ® Engineers ® Geologists April 5, 1990 (BRA10194) Mr. Daniel Donohue Administrative Assistant City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 1214 West Venture Court Mequon, W1 53092 1-414-241-3133 1-800-776-7140 RE: Environmental Assessment, 4301 - 4461 Winnetka Avenue, New Hope, Minnesota Dear Mr. Donohue: Per the City of New Hope's (the City's) request, Northern Environmental, (a subsidiary of Bonestroo, Rosene, Anderlik and Associates) has conducted an environmental assessment on a parcel of property located south of 45th Street North between 4301 and 4461 Winnetka Avenue in the City of New Hope, Minnesota (hereafter referred to as "the Property"). This study was designed to provide information concerning potential environmental liability associated with past or present land use practices which could impact site soils and/or ground-water. This letter describes the methods used to conduct the study, summarizes the study findings, discusses the significance of these findings, and assesses the need for any additional studies required to better characterize and/or remediate potential environmental impacts. ��! Distinct investigative tasks were assembled which focus on specific information or concerns. Each task utilizes information gathered in previous tasks to better focus subsequent portions of the investigation. A structural investigative program eliminates unnecessary and/or duplicated effort, which in turn speeds report preparation and limits overall project cost. Because of project time and budget constraints, the environmental assessment conducted at the Property was limited to five tasks: 1) Existing Data Review, 2) Site Inspection, 3) Magnetometer Survey, 4) Soil Exploration Boring and Sampling, and 5) Data Report Preparation. . a subsidiary of Bonestroo, Rosene, Anderlik and Associates, Inc. Engineers & Architects • St. Paul, Minnesota The methods utilized to perform each of the tasks are described below. Existing Data Review The Property was toured to familiarize and orient important site and local features to available maps, soil surveys, and other information (References 1 through 8). In addition, a property transfer file evaluation was request was made to the Minnesota Pollution Control Agency (MPCA) for the Property to evaluate the release or threatened release of hazardous substances, or contaminants at or near (within one mile) of the Property (References 9 through 16). The MPCA file evaluation included a review of the following: 1) EPA - National Priorities List (NPL); 2) EPA - Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS); 3) MPCA - Permanent List of Priorities (PLP); 4) MPCA - Regulatory Compliance, Hazardous Waste Enforcement Log; 5) MPCA - List of Permitted Solid Waste Facilities; 6) MPCA - Hazardous Waste Permit Unit Project Identification List; 7) MPCA - 1980 Metropolitan Area Waste Disposal Site Inventory; and 8) MPCA - 1980 Statewide Open Dump Inventory. The location of these hazardous or potential hazardous release sites were identified and compared to the property location (Figure 1, Table 1). The available hydrogeologic information was then used to evaluate the potential impact of these sites on the Property. The City of New Hope Fire Marshal was interviewed to obtain information about underground storage tanks, possible spills of petroleum products, and/or hazardous substances which may have occurred in the local area (Reference 17). Additionally, the City of New Hope building permits were also reviewed to determine activities that occurred at and in the area around the property (Reference 18). Site Inspection and Magnetometer Survey The Property was inspected by Northern Environmental personnel. The inspection included overgrown areas of the site and nearby properties. Areas which exhibited such characteristics as stained soils, stressed vegetation, or which were found to be littered with waste were evaluated and recorded. Potential off- site sources of contaminants were also noted. A reconnaissance level magnetometer survey was performed using a Schoenstedt Magnetic Locator Model GA-52B to assess the presence 2 of buried ferromagnetic objects such as buried tanks or drums. The entire site was surveyed by walking parallel north/south transects across the site. The sensitivity, orientation, and relative height of the instrument were varied to optimize signal responses and reduce interference produced by surficial debris. Areas exhibiting the strongest relative response were examined more closely to determine the nature of the detected ferromagnetic debris. Soil Exploration Drilling and Soil Screening Three soil exploration borings were drilled at the locations depicted in a site plan of the study site shown in Attachment A. These borings were positioned to provide the required geotechnical information for construction of a proposed 26 unit handicapped housing site. Additionally borings were used to assess potential soil and ground water impacts. Northern Environmental observed drilling of all three soil exploration borings. Boreholes were advanced using standard hollow stem auger drilling techniques (ASTM 1452) by Allied Test Drilling Company, Eagan, Minnesota. Borehole B1 was advanced 30 feet below grade. Boreholes B2 and B3 were advanced 25 feet below grade. Soil samples were collected at depths 1, V-,, 6, 82, 13 1 - 2 , 18 and 23 feet - below grade for all three borings using standard split barrel sampling techniques (ASTM 1586). An additional split barrel sample was collected at a depth of 282 feet below grade within Borehole B1. The split barrel was washed with detergent and rinsed with hot potable water between subsequent soil samples. All downhole equipment was steam cleaned prior to arriving on site. Allied personnel were instructed not to use lubricants or solvents on any downhole drilling or sampling equipment. A portion of each split barrel sample retained by Allied Test Drilling during soil exploration drilling was subjected to photoionization detector (PID) screening to evaluate the possible presence of volatile and semi-volatile organic compounds such as those found in petroleum fuels, solvents, and organic compounds. Screening was performed by transferring approximately six to eight inches of each split barrel sample into a quart mason jar. Split barrel samples that had poor recovery (less than eight inches) were transferred to pint size jars. The jarred soil samples were disaggregating and sealed with two layers of aluminum foil and allowed to degas in a relatively warm location (40 to 50 °F) for approximately ten minutes. The PID probe extension was then inserted into the aluminum foil and the highest stable reading occurring within ten to twenty seconds was recorded. The remaining portion of each sample was described in the field by Northern Environmental personnel and stored in a four ounce sample jar for possible laboratory analysis. 3 Borehole logs were prepared by Northern Environmental in general conformance with ASTM 2488. These logs include information on soil type, gradation, plasticity, color (Munsell notation), moisture content,structural characteristics, consistency, density, lithology, photoionizable constituent content, estimated group symbol, and genetic origin. These logs are available from Northern Environmental should they be needed in the future. A selected soil sample (81 -Si) which exhibited a slightly elevated PID reading (8.5 ppm) was submitted under chain of custody to an approved laboratory for analysis for total petroleum hydrocarbons (TPH) and extractable organic halogens (EOX). The results of these analyses are contained in Attachment B. SUMMARY OF FINDINGS Land Use History The Property occupies approximately 0.8 acres and is currently vacant. The Property is located in Township 118 North, Range 21 West, Section 18, Hennepin County (Figure 1) (Reference 2). An aerial photograph (Reference 3) of the site show that the Property and an area east of the study site were vacant since at least 1968. Residential areas occupy areas north and west of the property. Gethsemane Cemetery and large shopping center exist south and southeast of the site, respectively. No manufacturing or industrial activities were found on site or on neighboring properties. A car wash was formerly located on the corner of 45th Avenue North and Xylon Avenue. The facility was razed in 1981 with the development of the elderly apartment complex. An interview with the City of New Hope Fire Marshal revealed no records of any underground storage tanks located on the Property or at the former car wash facility. Consequently, no petroleum products are believed to have been dispensed at this facility (Reference 17). Regional geologic references identify most near surface soil near the Property to consist of glacial till which was deposited by the Des Moines Lake during the late Wisconsinan glaciation. This till is described as a gray to brown (oxidized) clay loam which often contains lenses of sand and silt. Depressions in the local area contain or formerly contained organic deposits. Around the Property, these depressions were largely drained and filled (Reference 4). Topographic maps (References 1 and 2) show that the site to be upland area which is elevated compared to surrounding areas. Since shallow ground-water elevation is normally a subdued reflection of surface topography, shallow ground water is expected to flow radially away from thesite. .19 A limited file evaluation (January, 1984 to December, 1989) conducted by the MPCA identified no reported listings of any leaking underground storage tanks (LUSTs), or any hazardous substances, pollutants, or contaminants which were released or threatened to be released on site. However, 11 listings were found within a one mile radius of the site. Six spills, one LUST, three waste disposal sites and one facility classified under the MPCA Permanent List of Priorities (PLP) were identified (Figure 1, Table 1). Five of the six spills (S1 through S5) listed with the MPCA occurred at the Super America gasoline station located at 7818 36th Avenue North. These spills ranged in small quantities (less than 2 gallons) to unknown amounts of gasoline released at the site. Five gallons of gasoline were spilled (S6) at Rainbow Incorporated located at 7324 36th Avenue North. These spill locations exist south to southeast of the site and should not impact site soil and/or ground water given what is known about the spill location, the size of the spills, site and local topography, and local hydrogeology. Since shallow ground-water flow is normally a subdued reflection of surface topography, shallow ground-water is expected to flow to the west to southwest toward an intermittent stream and/or wetland area located within Northwood Park. Site environmental impacts originating from these spills should be minimal since none of these spills are expected to be located hydraulically upgradient of the Property. One leaking underground storage tank (LUST) system was on file with the MPCA within the local vicinity of the Property. A leak in the piping system caused an unknown amount of gasoline to be released at the Super America station located 7818 36th Avenue North (Ul). Based on local topography and what is known about shallow ground-water flow direction at the Super America Station, site environmental impacts originating from this LUST should not significantly impact the Property. The MPCA file evaluation identified three waste disposal sites in the vicinity of the Property. A promiscuous dump (Wi) is located at the vicinity of the intersection of Louisiana and Corvallis Avenue. Lakeside Limited operates a waste disposal site (W2) located at 5001 Boone Avenue North. A waste disposal site (W3) is owned and operated by Tool Products Company and located at 5100 Boone Avenue North. No information was given by the MPCA regarding types of waste or potential hazards threatened to be released from the disposal sites. Given what is known about the waste disposal site locations, site and local topography, and local hydrology, these waste disposal facilities should not impact site soil or ground-water quality. Shallow ground-water flow from waste disposal facility W2 and W3 is expected to be to the west towards a low wetland area. Shallow ground water flow from waste disposal site W1 is expected to flow to the east toward Twin Lakes. Site environmental impacts originating 'from these waste disposal sites should be minimal 5 since shallow ground-water flow is not expected to flow toward the Property. The MPCA records search revealed a Permanent List Priorities (PLP) site located at Electronic Industries, Incorporated (EI) , 7516 42nd Avenue North (Pl). Trichloroethylene (TCE) and other similar volatile organic compounds were identified in soil and ground water at EI in 1983. Investigative work conducted at the EI site detected TCE and other similar volatile compounds in a permeable alluvial formation which angles west-northwest to east- southeast across the site (Reference 5). Additional investigative work conducted on an adjacent parcel of property owned by the City identified TCE and similar VOC compounds. In addition, gasoline and VOC compounds were found at the eastern one fifth and central and southwestern portion of the City property, respectively (U2). These gasoline and VOC impacts are thought to be related to a gasoline station and industrial facilities which were formerly located on the City property (References 6, 7, and 8). Preliminary ground-water level measurements indicate that shallow ground-water flow appears to follow the alluvial deposits. That is, shallow ground-water flow is to the southeast on the EI property and northeast on the City property as the alluvial formation changes direction. Given what is known about the location of the PLP and other identified gasoline and VOC impacts, site and local topography and local hydrology, these identified impacts should not migrate onto the Property. An interview with the City of New Hope Fire Marshal and a review of the City's Building Permit records identified four neighboring properties which contain, or formerly contain USTs A 10,000 gallon heating oil UST is located at an apartment complex at 8200 45th Avenue North. The UST was installed in the early 1970's and was tested to determine if any leaks exist within the UST system. No leaks were detected. No subsequent tank tests are believed to have been conducted (Reference 17). A former Sinclair Gasoline (Sinclair) Station (U3), which is currently occupied by a McDonalds restaurant and a former Mobile gasoline station which is currently occupied by a Hardees Restaurant (U4) are located at 4200 and 4201 Winnetka Avenue, respectively. PID readings detected high concentrations (greater than 700 ppm) of photoionizable compounds such as those found in petroleum fuels, solvents, and organic compounds in soils on the former Sinclair station property. Additionally, laboratory analysis detected petroleum impacts as well as 1, 2 dichloroethane within the ground water. Shallow ground-water flow at the Sinclair property discharges to the southeast (Reference 17). Consequently the identified impacts should not migrate onto the Property. Petroleum impacts as the result of spillages and leakage were also identified at the neighboring Mobile station. Given what is known about ground-water flow direction, these impacts should not migrate onto the Property. A leaking heating oil UST (U5) was identified at Cooper High School located on 47th Avenue North. M Based on local topography, shallow ground -water flow from the Cooper High school property is expected to flow to the southwest towards a low wetland area which discharges to an intermittent stream. Consequently, no heating oil impacts from this LUST would be expected to migrate onto the Property. Existing Site Conditions The Property was inspected by Northern Environmental personnel on December 6 and 7, 1989. The site was found to be a vacant field. Grass and small woody plants composed the bulk of the vegetation present on the site. The site is relatively flat with moderately steep abrupt slopes on the north and east edges of the Property. The site appeared to be an upland area that has been graded to blend with the contours of areas immediately adjacent to the site. An apartment complex and 42nd Street North are located north of the Property. A driveway and a large shopping center complex are located to the east and southeast of the Property. A K -Mart store and adjoining parking lot are located south of the Property. A senior citizens housing complex is located to the west of the Property. No waste piles, stained soils, unusual odors, stressed vegetation, or other indications of waste storage, spillage were detected on the Property. Waste found at the Property was limited to pedestrian litter (i.e. paper, cardboard, beverage containers), construction debris, residual cement debris, and a small empty plastic oil container. A magnetometer survey of the Property detected one area which exhibited a fairly high ferromagnetic response approximately 34 feet east of soil boring B1. Northern Environmental personnel examined this area more closely uncovered a one inch steel cable. The cable was believed to have been buried during cut and fill operations with the development of neighboring facilities. visual inspection of the adjacent properties failed to identify any current activities which could potentially impact soil and /or ground water quality at the Property. Areas surrounding the Property are primarily residential or shopping center complexes. No evidence of hazardous material storage or disposal was evident in these areas. Analysis of Soil Samples Examination of soil samples collected during soil exploration drilling revealed that approximately 0 to 7 feet of fill had covered the site. The fill was identified by the mixed nature of the upper soils with some small roots at lower depths. Native soils at the site were consisted of medium textured and moderately fine glacial till. The till consisted primarily of grayish brown silty clay with small amounts of sand and small shale and gravel. Soil borings showed that the till extended to 7 at least 30 feet below grade. occasional sandy and silty lenses are found within the till. Soil samples collected during soil exploration drilling showed no evidence of petroleum film, staining, or discoloration, and did not produce any unusual odors. PID headspace readings did not detect significant amounts of photoionizable compounds (Table 1). Surface soil sample S1 collected from borehole Bi exhibited a strong earthy odor and showed the highest stable PID reading of 8.5 parts per million (ppm), which is within readings typically found in non-impacted clayey soils. Such low PID readings can be produced by naturally occurring compounds (e.g. hydrogen sulfide). Laboratory analysis of soil sample B1-S1 did not detect any TPH compounds to a detection limit of 5.0 ppm. Laboratory analysis of soil sample B1-S1 detected an elevated EOX concentration of 33 ppm. This finding coupled with the slightly elevated PID reading detected from this surface sample suggest that halogenated hydrocarbon compounds (pesticides, herbicides and chlorinated solvents and PCBs) may exist within the soils around soil boring B1. However, analytical methods used to determine EOX concentrations are interfered with if high level of inorganic chlorides (e.g. sodium chloride) and high organic matter are present (Reference 19). EOX concentrations may be positively biased by the presence of inorganic chloride. Since no other soil samples collected from soil boring Bi exhibited elevated PID readings, potential EOX impacts are felt to be limited to surface soils around soil boring B1 and considered to be insignificant. Since the Property was cut and filled, and some road salting occurs on nearby streets and parking lots and driveways, road salts may be responsible for the elevated EOX concentration detected in soil sample B1-S1. No combustible gas was detected within the soil borings during soil exploration drilling. This finding suggests that no decomposing organics are buried at the site. Information gathered from the Minnesota Geological Survey, a limited file evaluation conducted by the MPCA, a review of soil and ground-water studies conducted on nearby impacted sites, site inspection and interviews, magnetometer survey, and soil exploration drilling and sampling program were consulted to evaluate the potential for soil and/or ground-water impacts at the Property. Based upon this information, it is found that: 1) The Property was filled during development of surrounding properties with clean clayey soil. 2) Six spills, one LUST system, three waste disposal sites and one PLP site were documented by the MPCA within one mile of the site since January, 1984. Hydrogeologic and topographic `conditions should prevent any soil and ground-water impacts related to these sites from migrating onto the Property. U.* 3) An interview with the City of New Hope Fire Marshal and a review of the City of New Hope building inspection records identified petroleum impacts as result of spillages and UST leakage at two former gasoline stations and at Cooper High School. Hydrogeologic and topographic conditions should prevent soil and ground-water impacts related to these sites from migrating onto the Property. 4) No waste piles, stressed vegetation, unusual odors, stained soils, or other signs of surficial disposal or storage were detected on the Property. 5) A magnetometer survey of the site detected one high ferromagnetic response. A buried metal cable was found. No other significant ferromagnetic responses were detected which would suggest the possibility of any buried metal containers or USTs to exist on site. 6) Visual and physical examination of soil samples taken during soil exploration drilling did not detect petroleum films, staining, discoloration, or unusual odors, or elevated PID responses. 7) Laboratory analysis of a sample which exhibited the highest stable PID headspace response (B1 -Sl) reading did not detect any TPH. EOX analysis of this sample detected moderately elevated concentrations (33 ppm). EOX concentrations detected in sample B1-S1 may be positively biased from inorganic chlorides salting operations. Potential EOX impacts are felt to be limited to surface soils around soil boring Bi and insignificant. Based upon these findings, it is Northern Environmental's professional opinion that the Property does not exhibit characteristics which would suggest that significant soil or ground-water impacts occur on site. The results of this study are based upon professional interpretation of the information available to Northern Environmental given the time and budget constraints of this project. Northern Environmental has assumed that the information provided by the cited references is complete and correct. Northern Environmental does not warrant that this report represents an exhaustive study of all possible environmental impacts. However, the items investigated as part of this study do represent the most likely sources of environmental impacts, and are consequently believed to adequately address potential impacts to soil and ground water at the site. OJ REFERENCES 1) United States Geologic Survey "Osseo, Minnesota 7.5 Minute Quadrangle Topographic Map", Photo revised 1972 and 1980. 2) United States Geologic survey, "Minneapolis North, Minnesota 7.5 Minute Quadrangle Topographic Map", Photo revised 1972 and 1980. 3) United States Department of Agriculture "Soil Survey of Hennepin County" April 1974. 4) University of Minnesota - Minnesota Geologic Survey "Quaternary Geologic Map of the Minneapolis - St. Paul Urban Area, Minnesota. 5) Electronic Industries, "Ground Water Monitoring and Site Characterization Report, Electronic Industries Holding, Incorporated, New Hope Facility, 7516 42nd Avenue North", July 25, 1988. 6) Northern Environmental Technologies, Incorporated, "Interim Report: Investigative Activities, 42nd and Nevada Avenues, New Hope, Minnesota", November 10, 1989. 7) Northern Environmental Technologies, Incorporated, "Supplemental Report: Ground-Water Quality Results and Feasible Response Actions, City of New Hope Property, 42nd and Nevada Avenues, New Hope, Minnesota", November 30, 1989. 8) Twin City Testing, "Phase I & II Preacquistion Site Assessment for the City of New Hope at the Proposed Rockford Housing Project Site, New Hope, Minnesota", September 8, 1989. 9) EPA "National Priorities List (NPL)II. 10) EPA "Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS)". 11) MPCA - "Permanent List of Priorities (PLP) 11 , January . 1984 and December 1989. 12) MPCA - "Regulatory Compliance, Hazardous Waste Enforcement Log", January 1984 and December 1989. 13) MPCA - "List of Permitted Solid Waste Facilities", January 1984 and December 1989. 14) MPCA - "Hazardous Waste Permit Unit Project Identification List", January 1984 and December 1989. 11 15) MPCA - 01 1980 Metropolitan Area Waste Disposal Site Inventory ", January 1984 and December 1989. 16) MPCA - 11 1980 Statewide Open Dump Inventory ", January 1984 and December 1989. 17) Conversation: Mr. Allen Nelson (City of New Hope Fire Marshal) with Louis Frykman (Northern Environmental), March 12, 1990. 18) City of New Hope Building Permit Records located South of 45th Street North, between 4301 and 4461 Winnetka Avenue, 1955 - present. 19) Harold Moesher, C. Chow Lee, Carla T. Krogel, Harold Tuchfeld, "Interference of the Total Organic Halogen Method by Inorganic Chloride ", May, 1989. m SCALE 1:24000 0 1 MILE 1000 0 1000 2000 3000 4000 5000 6000 7000 FEET ==I MINN. 1 5 0 1 KILOMETER • CONTOUR INTERVAL 10 FEET QUADRANGLE LOCATION EXPLANATION Si APPROXIMATE SPILL LOCATION AND IDENTIFICATION U11 APPROXIMATE LEAKING UNDERGROUND STORAGE TANK PROPOSED HANDICAP HOUSING COMPLEX LOCATION AND IDENTIFICATION NEW HOPE, MINNESOTA W1 APPROXIMATE WASTE DISPOSAL SITE LOCATION AND IDENTIFICATION SITE LOCATION, LOCAL TOPOGRAPHY AND P1 APPROXIMATE PERMEABLE LIST OF PRIORITY SITE LOCATION LOCATION OF NEARBY DOCUMENTED AND IDENTIFICATION SPILLS, LUSTS, WASTE DISPOSAL SITES AND PLPS PROJECT: BRA10194 4/5/90 A Northern Environmental BASE MAP SOURCE: USGS OSSEO AND MINNEAPOLIS NORTH, MINNESOTA 7.5 MINUTE QUADRANGLES Hydrologists • Engineers • Geologists FIGURE 1 No rthern lr Hydrologists • Engineers a Geologists N C U Y C �+ m ++ �+ Y O v ryY u E NEE Op, O 2 LL C O C O c Y O � v L y o d Y a • m m d C O > Y W ° • a . O N •� d O c c G C O O _ m m 0 0; 0 O O ✓ O O O O m € € € a m rn rn a rn c c u N N v E u u u S u c s c ��L N \ .f � !�• P 0 0 0 0 .- O 1 ° m O O ° O Y Y Y Y Y < 4 4 4 < < A F L Y L L M M M M M M m e0 r0 c0 !2 N ti ;� n h ti H N N N N il N r J a o w Y u u N Y Y Y C m O S N �dg N N 9 Y N � r A Y Y C us O O •S N N N N U p p E Y pJ -per O O O J w O mw Y O O 6 a O '.. q O O O E § v 0 C N CC O 4 > H O �+ O N 0 � � H S ° C v x o i O m y11. O L tm! y S U y0 � F ✓ S L S O O O Z 2 o �2Y < > > z < < u < G YyC Y d M � al h• 3 3 � ryO N f Y h w G O O W N 3 6 E v Y Y u ° y Y J O N Y c Y S � w o o Y Y > L O > > U < 6 F C O 3 3 3 H O D 2 z s u d 3 O O U J J Y C O U O o u U -O Y r t� Y E c Y s m O L ' d U C 0 d O 2 > v d r d Northern it Hydrologists • Engineers ® Geologists y c E O ,o _a N L W CI W M C N W a2 rn Gl W X > L E W C N W t O W O D > O N t m m rn c T r• rn r � •- N tJfpp E W C > M N a E N U O 0 C- N Ol W L rn N O N W M Y L o n m u m N O N U C rn Y W - Y Y c N U # O c O .n _0 W W Y O .A L + U 3 M • 4 �L • N C L 0 L N O O N Y L T S V W T G! L rn T Y N N > M L C O Y W W S N 'O N � E Y u. N ' O E O O O O O O O O O O O O O o O O O N W U {A a o W8 N d U CL N � d _ d C x O a oc L Y W c = = Z z i = Z O L N ` O M M 00 CO 0� r• A 8 O o O O O O O a ar r. E L Y E p, Y W N W N 4- V/ O v O N O W L T L L E W 7 E V1 Z N C N W O v+ o In 0 0 0 0 0 o o In o N N M 1 1 1 • 1 1 1 1 O IA O IA I!1 V1 tf1 N .- M •O W M Olt M CO N M .t In •O N- O fn N N N fn N N Vl N N Cl N > > L L a E E .- E rn rn N N N -• -. W W N N Q) N N N N Y 'O U U E N J N J W N N T Y N O C U T rn rn 3 O c 2 W I Y O = = O U N I N O t T .O M O 3 rn N 3 O O L O O --• L O J N S S C L T Y rn N > Y N Y tt Y O O N S S .O S O O O 1 O O O O O O O O O T c c c c L O O O O O O W Z Z Z Z Z Z W W M b •O M M 9 O O r O O O O u+ a In o 0 0 0 h. o In o In O O V� 1!1 V1 V1 IA •O M '- •- N N fn (n N N to N W p E W M t0 17 0 U W N O F- .J W C! W m m>> rn rn L L rn rn U U U L L L L N N O O O T Y L N N N W Y T U U U J U U N N Y N O O C 3 0 3 O N N O L r o o T T T N N a L W W 2 W L L rn rn rn O/ L W L W L W 61 Y O O 'O 'O V W T m -• -• T T T N Y T T a N W C N . > > > V •. Y S • N N V Y Y � O N N N U S O O S S S S S G! OI W s Y fl. v N 0 0 O O O O •.- L O O O O O O Y W >� E L W Y N L u of c w c c W W S. Y rn 0 O o 0 0 M O Z Z Z Z Z N Y Z, a N Y g •O c0 M M V C W Y L v In o 0 0 0 u+ o c h o In o (M N N •� 1 1 1 L O 1 O O 1f1 � IA 1f1 V1 tf1 � co M c0 M W ¢ r • N L Y C O U rn N M b' V1 •O h- G N N'_ N N N to Vf it P m d Z ATTACHMENT A PROPOSED STUDY SITE PLAN f Q� �Olx N24 ' 1 �r i� �Ut�'Ft�s % • 40' E c7� Print L;A( 4D E t{0 E Prop l�'C 1 OD, pro 1:*? v1kvt7 1 UND�G NC 'PA'ZKt P -%4T'� F ,4N ..n 4 ,0 G L Ify-:1 4z 4 Vj WAWV NR" 14 4 400 st ,r3 C 0 N Nr-rr-A s�PYi?-jG TRE%G eel ATTACHMENT B LABORATORY ANALYSIS RESULTS AND CHAIN OF CUSTODY FORMS January 11, 1990 Northern Environmental Technologies 1214 West Venture Court Mequon, Wi 53092 Attn: Tony Scholten Re: BRA10194 k-!� C. Please find enclosed the analytical results for the EOX test performed on the sample received December 12, 1989. The results have been calculated on a "as received" basis. If you have any questions about the results, please call. Thank you for using Enviroscan, Inc. for your analytical needs. Sincerely, Enviroscan, Inc. Dennis R. Mehlberg Analytical Chemist 303 West Military Road Rothschild, W1 54474 (715) 359-7226 Northern Environmental Technologies CUST NUMBER: BRA10194 1214 West Venture Court SAMPLED BY: Client Mequon, Wi 53092 DATE RECD: 12/12/89 REPORT DATE 01/11/90 APPROVED BY: DRM� Attn: Tony Scholten Detection B1 -Sl Limit Units EOX 33 20 MG /KG Analytical No.: 25040 X = Analyzed but not detected. Results calculated on a "as received" basis. All analyses conducted in accordance with Enviroscan Quality Assurance Program. Enviroscan Inc., 303 West Military Rd., Rothschild, WI 54474 1/800/338 -SCAN Wisconsin Lab Certification No. 737053130 Northern Environmental Technologies 1214 West Venture Court Mequon, Wi 53092 January 5, 1990 Attn: Tony Scholten Re: BRA10194 Please find enclosed the analytical results for the sample received December 12, 1989. The Total Petroleum Hydrocarbon (TPH) analysis was completed using the California Method with a capillary GC/FID. All results have been calculated on a dry weight basis. The chain of custody document is enclosed. If you have any questions about the results, please call. Thank you for using Enviroscan, Inc. for your analytical needs. Sincerely, Enviroscan, Inc. Dennis R. Mehlberg Analytical Chemist 303 West Military Road Rothschild, W1 54474 (715) 359-7226 Northern Environmental Technologies 1214 West Venture Court Mequon, Wi 53092 CUST NUMBER: BRA10194 SAMPLED BY: Client DATE RECD: 12/12/89 REPORT DATE: 01/05/90 APPROVED BY: DRM !ok Attn: Tony Scholten Total Petroleum Hydrocarbon (TPH) Analysis B1 -S1 Detection Limit Units TPH Gasoline X 5.0 kg /g TPH Diesel X 5.0 Ng /g Analytical No. 25040 U X = Analyzed but not detected. Results calculated on a dry weight basis. All analyses conducted in accordance with Enviroscan Quality Assurance Program. Enviroscan Inc., 303 West Military Rd., Rothschild, WI 54474 1 /800 /338 -SCAN Wisconsin Lab Certification No. 737053130 d Northern Environmental Technologies 1214 West Venture Court Mequon, Wi 53092 CUST NUMBER: BRA10194 SAMPLED BY: Client DATE RECD: 12/12/89 REPORT DATE: 01/05/90 APPROVED BY: DRM !ok Attn: Tony Scholten Total Petroleum Hydrocarbon (TPH) Analysis B1 -S1 Detection Limit Units TPH Gasoline X 5.0 kg /g TPH Diesel X 5.0 Ng /g Analytical No. 25040 U X = Analyzed but not detected. Results calculated on a dry weight basis. All analyses conducted in accordance with Enviroscan Quality Assurance Program. Enviroscan Inc., 303 West Military Rd., Rothschild, WI 54474 1 /800 /338 -SCAN Wisconsin Lab Certification No. 737053130 CHAIN OF CUST013Y RECORD rKOJECT NOW. ROjECT NAME CLIENT NO. SAMPLERS: (Signature) OF REMARKS CON- CL co TAINERS SAMPLE I < DATE TIME SAMPLE LOCATION NO. 0 12 P->1-61 21olg 121,,- � RELINQUISHED BY: (Signature) DATE/TIME RECEIVED BY: (Signat RELINQUISHED BY: (Signature) DATE/TIME RECEIVED BY: (Signature) e�dlelll-- "2,A)AZI 1 /7y I A PINQUISHED !R RELINQUISHED BY: (Signature) DATE/TIME 'BY: �(Signature) RELINQUISHED BY: (Signature) DATE/TIME RECEIVED BY: (Signature) RELINQUISHED BY: (Signature) DATE/TIME RECEIVED FOR LABORATORY DATE/TIME REMARKS: BY: (Signature) ENVIRONMENTAL AND ANALYTICALSERVTCES 303 West Military Road mmmml AMk ANNI Rothschild, W1 54474 EN'wmw RwOmarmUnAlf (715) 359-7226 CORRICK LAW OFFICES, P.A. WILLIAM J. CORRICK STEVEN A. SONDRALL, P.A. STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT 'S CORRICK & SONDRALL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS LAWYERS 3811 WEST BROADWAY ROBBINSDALE, MINNESOTA 55422 TELEPHONE (612) 533-2241 FAX (61 2) 533-2243 W", 41 _' Za P - 4 -;, G A i Im" j, n Ti 1 m D P 'r t t ll"lf"� 0 'Y' k- A. A s 'k "I st t U i � i 7 1 zi 1, -. t "i a to rl E"" �"'A �"' 0 '0 4 ly LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY 'C i on r- r ta 1 , o Ir ni w -, de s" 'S'-Y "Y""' 12'1""I'� I n e w " t, ' , l . n '0 th reqi, 4 1"o o' tlk�lr�,� , r - r F , -' 4. h � Z "" Z' tr,',� apply 92,3 the p Or ate a Said second half" t s w� e e, re $ 4 "t 17 x.`, t aw payrent b" �' L " L k- �'. " �11"�- y to iminediately pay First Trus� th b. a "I a -n c e c f t� Tettlement proceeds of $1,07,658.00. in co.'asideration for itc- X- ll�, 1.979 Mortgagc-, c- o' the June 11 Financ , Lng Staten'tent. As further conS'ider for t ' I -- e releas,.'e. ot z3ecurit' Agreement and Ficarc.ing Stat ment, lhEu an ,resl to Fir "t Tru,'.it $92,34.2.00 on or "Ll; '4990 oucs"larlt �0 tb e terms of an Adlendlam to moge, -� 11 - reetnezvt aw-1 '9'in1na Statement, a copy v R7 kPl" —0 7, 'N' c D P 'r t t ll"lf"� 0 'Y' k- A. A s 'k "I st t U i � i 7 1 zi 1, -. t "i a to rl E"" �"'A �"' 0 '0 4 ly LEGAL ASSISTANTS LAVONNE E. KESKE SHARON D. DERBY 'C i on r- r ta 1 , o Ir ni w -, de s" 'S'-Y "Y""' 12'1""I'� I n e w " t, ' , l . n '0 th reqi, 4 1"o o' tlk�lr�,� , r - r F , -' 4. h � Z "" Z' tr,',� apply 92,3 the p Or ate a Said second half" t s w� e e, re $ 4 "t 17 x.`, t aw payrent b" �' L " L k- �'. " �11"�- y to iminediately pay First Trus� th b. a "I a -n c e c f t� Tettlement proceeds of $1,07,658.00. in co.'asideration for itc- X- ll�, 1.979 Mortgagc-, c- o' the June 11 Financ , Lng Staten'tent. As further conS'ider for t ' I -- e releas,.'e. ot z3ecurit' Agreement and Ficarc.ing Stat ment, lhEu an ,resl to Fir "t Tru,'.it $92,34.2.00 on or "Ll; '4990 oucs"larlt �0 tb e terms of an Adlendlam to moge, -� 11 - reetnezvt aw-1 '9'in1na Statement, a copy v Pirst Trost sepceADor 6, Page 2 National Abnaciatiof! a 5 W� The enclosed Wdendum aets forth the benefits to First Trust and the necessity for ho transaction. Ag you can see frov the August 23, 159U letter from the dennapin County Assessor, a subitantial premium is being paid for the ianl. The County's r a 11 oc - att-td, value is &20,000.00 as opposed to the $200 settlement price being paid by the New Hope W. Basically, your equity position in the collateral would remain unchanged absent Winnetka Associates' agreement to pay $92,342.00 on October 15th. However, in lignt of their agreement to make this payment, the loan mquiny position is greatly improved. This constitutes a significant benefit to the Trust. Also, it will greatly assist the much needed development of a physically handicapped housing complex in the City of New Hope. This development will improve the area and will likely make the shopping center more valuable, thereby indirectly beneAting the Tru3t an well. Finally, the payment will be made directly to Fennepin County for 1990 real estate taxes which would constitute a monetary caligation of the Trust in t e event the Tru6t became the fee owner of the property by virtue of a mortgage ioreclosure action. This potential obligation would be eliminated in benefit of the Truot also. Since tine is A the essence, please resnond to this request a,, soon ao poszible. we will wait to hear Zrom you. Very truly yours, 10 Y EVEN A SCMADRALL Stavea A. SondraW New hope City Attorney ,02 nus GOP CC! Daniel 3. Donahan, City !Vu*,.I.rvaqA Kirk McDona!6, Management Asst. Gerald Carroil, Esq. Dore Meaa .z STATE OF MINNESOTA COUNTY OF.HENNEPIN -------=---------------------------- The Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, Petitioner, VS. Winnetka Associates, a Minnesota Partnership, First Trust Company, Inc., as Trustee of Minnesota Tax - Exempt Mortgage Trust C, Lease Northwest, Inc., County of Hennepin, MINNEGASCO, INC., a Minnesota corporation, Northern States Power Company, a Minnesota corporation and Northwestern Bell Telephone Company, d /b /a US WEST Communications, an Iowa corporation, Respondents. DIS'T'RICT COURT FOURTH JUDICIAL DISTRICT S T I PU LA T I ON F OR AWARD OF DAMAGES CD - 2168 Case Type: Condemnation IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STA'L'E OF MINNESOTA, FOR CARRYING OUT A REDEVELOPMENT PROJECT PURSUANT TO THE SUCCESSFUL IMPLEMENTATION OF REDEVELOPMENT PLAN 82 -1 ---------------------------------------------------------- - - - - -- WHEREAS, the Parties hereto are desirous of settling this eminent domain proceeding involving the following described property: The West 150 feet of that part of the North 350.98 feet of the West 1/2 of the Northeast Quarter of the Northeast Quarter lying East of the West 409.11 feet thereof, Section 18, Township 118, Range 21, Hennepin County, Minnesota. WHEREAS, the parties agree that the construction of a housing complex for the physically handicapped is a valid public purpose justifying the taking, and WHEREAS, the parties agree that damages due to the taking are $200,000.00, and that said amount is based on the opinions of certified fee appraisers employed by the respective parties or based on their own opinions.-regarding the value of the land taken. NOWTHEREFORE, the parties hereby stipulate and agree as follows: 1. That it will not be necessary to appoint commissioners to determine damages due to the taking and that the undersigned Respondents agree that the amount of $200,000.00 less real estate taxes and special assessments shall be the amount of damages awarded by the Court. 2. That the undersigned Respondents agree that this Stipulation shall constitute and satisfy the requirements for notification of the filing of the report of the Commissioners pursuant to Minn. Stat. §117.115. Further, Respondents agree that no further notice of award shall be required from Petitioner under §117.115. 3. That the undersigned Respondents agree that no appeal of this stipulated award of damages shall be made to the District Court under Minn. Stat. §117.145. 4. That the award shall be paid by Petitioner to Respondent First Trust Company,Inc., as Trustee, the assignee of a mortgage registered June 21, 1979, as Doc. No. 1334924, files of the Registrar of Titles of Hennepin County, 2 given by Winnetka Associates, a Minnesota Partnership, the fee owners of the property, to apply in reduction of the principal balance of said mortgage. The parties further agree that said award shall be paid by Petitioner on or before September 1, 1990. In the event the award is not paid by said date, this action shall be dismissed by Petitioner or may be dismissed by the Court upon application by Respondent Winnetka Associates. Application by Winnetka and Associates shall be heard by the Court upon Notice of Motion given to Petitioner pursuant to Minnesota Rules of Civil Procedure. In the event of a dismissal or abandonment of this action, Respondents hereby waive and release Petitioner from the payment of all costs, expenses, interest and attorneys fees incurred by Respondents. 5. That upon payment of the award by Petitioner the undersigned Respondents shall release Petitioner from any liability to them with respect to the award of damages and waive any rights they may have against Petitioner for recovery of all or a portion of the award of damages or for damages to Respondent including but not limited to claims for interest and appraisal fees as a result of the taking. Further, upon payment of said award Petitioner shall be authorized to file its Final Certificate as provided in Minn. Stat. §117.205. 3 Dated: n Winnetka Associates, a Minnesota Partnership By By j lv_t First Trust Company, Inc. as Trustee (� Minnesota Tax-Exempt Mort,aaae Truxt C LIM a Le ase r t h we s t AV By By Its Economic Development Authority in and or the City of New Hope By 4ts rc-0 rl By its 4 FROM CDC - WESTMINSTER CORP 12. 8.1989 15:51 P. 2 .December 8, 1989 Mr. Dan Donahue City Manager City of New Hope 4401 Xyl can Avenue North New Hope, MN 55428 RE: The Condemnation Process for the VOA Site Dear Dant T am writing this letter to confirm my understanding and express my concern regarding the course of action the City of New Hope is tacking to acquire the VOA site for the New Hope Handicapped Housing development. Jeannine Dunn has informed me that rather than authorizing a quick -take condemnation process at the December 11th Council meeting as originally discussed, the City council will authorize the normal condemnation process to begin (the non -quiok -take option) on the site. Once HUD has approved the ,site, the City Council will authorize the quick -take process to begin. Although I understand this new plan will protect the City from acquiring a site which may eventually be rejected by HUD, I am concerned about securing access to the site under this approach. Since HUD requires soil borings and a survey before giving site approval, ACCess to the aitez is a pre - condition for approval. As I understand the condemnation ways to achieve site access: (1) grants us permission to enter issues a Court Order granting >acc can be issued in either a normal oondemnation proceeding, it is under quick -take condemnation w Certainty. process, there the owner of the site, or ass. Although condemnation more likely .here title ti are only two the property (2) a Judge a Court order or quick -take to be issued `ansfer is a In light of these concerns about site access, I have two requests: (1) That the City Council includes in its condemnation resolution a sentence stating that the City of New Hope will seek Judicial permission to obtain access to the Bite; and 328 W69C Kv11ugS RUItIMU'Ll • &. I'aul, Minnegoca 33102 • (612) 291 -1730 FROM CDC - WESTMINSTER CORP 12. 8.1989 15:51 P. 3 Mr. Dan Donahue 12 -8 -89 Page Two (2) That you obtain written permission from Michael Pluhm to enter the site at. your meeting with him December 12th or 13th. (For your information, I have attached some language from a previous purchase agreement granting such permission.) In addition, I also request that Chuck Thompson, Dare Mead and I be allowed to attend this meeting. I appreciate all the work you and Jeannine have done on the VOA site thus far. If you have any questions in regards to these concerns or requests, please fuel free to ccnGact me at 241 -1750. Sinoerely, Deborah L. Hednara Housing Development Ausistant /Bb enclosure cc: Jeannine. Dunn Muffie Gabler Dore Mead Chuck Thompson Date, based on the number of days elapsed to closing in calendar 1987. 12. No Broker involved. Seller and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom either of the parties has negotiated or to whom either of the parties has agreed to pay a brokerage 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 Subject Property arising out of any alleged agreement, commitment or negotiation by Buyer; and Seller agrees to indemnify 5uyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for the sale of the Subject Property arising out of any alleged agreement, commitment or negotiation by Seller. 13. Possession and insurance. Seller shall continue In possession of the Subject Property until the Closing Date and shall maintain it In its present condition. Possession of the Subject Property shall be delivered to Buyer on the Closing Date. Risk of loss from casualty with respect to the Subject Property shall be the Seller's risk until delivery of possession to Buyer at closing as provided herein. 14. Buyer's Access to the Subject Property. Seller grants unto Buyer permission to have Buyer's authorized employees, representatives and agenL5 enter upon the Subject 'a r Property in order to perform the work necessary to plan and 6 . FROM CDC-WESTMINSTER CORP I 9449 4/86 (3) 12. 8.1989 15:52 P. 5 nce the Project prior to construction of the Project. in icular, , Seller grants unto Buyer permission to authorize is employees, consultants, architects, contractors, ricers, surveyors, governmental agencies and prospective ncial i to enter upon the Subject Property in ! r to survey and inspect the Subject Property and in order to ;orm soil tests and soil borings on the Subject Property. !r shall hold Seller harmless from liens or claims arising Out any entry by it under this Paragraph 14. 15. Personal Proper 6 on the Closing Date, Seller shall have removed from the Subject Property any and all of its personal property. in the event any of its personal property is left on the Subject Property on th Cl Date, seller waives all rights to it. 16. Entire Agreement; Amendments. This Option Agreement constitutes the entire agreement between the parties regarding the Subject property. No other agreement regarding the Subject Property which is prior to this agreement or contemporaneous herewith shall be effective except as expressly se t forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by both Seller and Buyer or their respective su ccessors or assigns. 17. Bu er' Assi nment of )ption. Seller understands that Buyer intends to deliver title to the Subject Property, to a Minnesota nonprofit corporation to be es t a blished by Buyer (the "Project owner"). Seller grants to Buyer the right to assign its 7 . Geotechnical Services ALLIED TEST DRILLING COMPANY fAD' Commercial, Residential 4000 Beau D'Rue Drive, Eagan, MN 55122 (612) 452-6913 Municipal, DHUD I ' - SUIBSURFACE SOIL i NV E E- STIOATION FOR PFR'OPO Ste: D 26--Ui'\IIT HANDICAPED HOUSING 4301-4461, Winnetka Av2nLie North f\ Hopp eSo 14 December 1989 P r - o -, C?c ' 8 9 '12 1 INTRODUCTION I - i as re )rt sLimm a r i zes tFie f - L' rid ings of a si. - f=ace' snit investigation completed by Allied Test Drilling Com- pany in the City (-)+ i' Hope, 11JLnnesota. Location of the work 15 in the qpner,- vicinity of the addresses given in the above title block. The work was performed for Pories- troo Rosene Ander and Associates Inc, hereafter re- -Ferred to ar: the "Dwner Fhree soil borings were accompla.shed within the pro- area t o o E� t -, b I ; s h s o I I p r o + ii I c c a t Or - t - ,3 b I c u 1 c va -- tions, inplace soil compaction or firmness, and other in- formation. From this data, recommendations are developed for site correction procedures and +oundation and slab design. S! FE DOSERVATI DNS The area in question is a recll shaped tract of I and 1. oc a ted as noted ai bove , sou t h of and ad-, ac en t to 45th Avenue North, commencing 600' + west. of Winnetka Overai-ie. It is in a fn.osr.ly commercial and multi-family residential 89214 --,2- area of Nk-_ Hope that appears to have been developed fair- ly recently. the site is characterized by open terrain, somewhat elevated +rom adjacent street level. The site is covered t• -,lith grassy vegetation. 1 are no structures on the site at the present time. Ai 1 1 - he t.i.me of this investigation, the proposed bUlldlinq pad area was indicated by a preliminary s PROPOSED CONSTRUL The proposed construction is understood to be a 26 un- residential structure for the handicapped. It will essentially be rectangular, with some indentations, re- cesses, etc. The -facility will be three-story and have an underground garage facility at about street 'level o-F 45th Avenue and a first floor ei at about e} isLinjg grade of a building to the west. Footl,ngs will lie just below base- ment, slab level. There may be some perimeter frost pro- tected footings four feet below first door grade. Exact construction elevations were not established at the time of this investipation. Also to be constructed are a parking lot area, mis- ' I cei,aneous service utilities, and landscape improvements. 9DRING LOCATIDN'S AND ELEVA]ION-9 Fhe number of Dorings, their locations and depths, were chosen by the the Owner ,and were stak"ec, prior to Al- 99214 __W Lied Test Drilling Company's arrival on the site. The bor- ings do appear to be placed in the building pad area in an attempt to obtain soil profiles and data representative of the site. Refer to the drawing attached to this report for a sketch of boring locations. Base map was furnished by the Owner. In addition, borings were marked in the field with lath< Ground surface elevation at each of the borings was determined by the Owner. Datum appears to be mean sea lev- el. Elevations are given on the referenced location sketch and on boring logs. Also shown are some approximate exist- ing terrain elevations. FIELD INVESTIGATION The bDrings were accomplished using the Split-Barrel Sampler (SBS) method of investigation. Refer to the at-- tachment (color-coded green) for a description of this procedure. Also contained on this attachment are descrip- tions of methods of soil classification and groundwater measurement. Note that, to provide the maximum amount of soils in-- formation possible, the Mn /DG T tri-axial chart was also used to classify soils according to te; ture. Letters in parentheses denote the corresponding Unified Soil System class. The tri-axial chart provides greater detail, while the Unified System is more widely used in the building 89214 -4- u 'S k._.1 Ire the course oF tha,s investigation, special care was exercised to keep samples rree from cross-contamination. 0 representative of the Owner, an environmental consultant, t, on hand during drilling operations to retrieve compan- ion soil samples +or purposes of hazardous materials an- vs1s. SOIL, 9(DRING RESUL-I Attached are logs for each of the borings together k-vith a key explaining terms and entries. The depth of in- di layers of soil may vary somewhat from those ind-- Cated on the 'Logs due to the inexact nature of auger sarii- pling, unsampled intervals between split-barn_ -,•I sampler - tests and, most importantly, the occurrence of transition between soil' layers. The borings indicate less than a foot o+ topsoil at all boring locations. E210w this sandy loam, usually plas- tic, and then clay loam (a gritty low plasticity clay). One deposit of silt loam is rioted in Boring 1, +r -S' to 8'+. Basal sail on the site is a stl++ gray-brown and then gray clay, somewhat gritty, cof rather uniformly at L2 +. Upper soils at Boring 6 are somwhat suspicious. The material. + could be 4`11 1 . Althounh no burled topsoi I was encountered, It could be present, missed between sam- PIIFIq in -E; < _: _Ci c tier C' s -ts the highly 89214 --5- mixed nature of this material together with some intru- sions of small roots. Gravel contents vary from sample to sample, but are usually rather low. Refusal to auger advancement or to penetration test-- inch possibly indicating bedrock or boulders, was not ex- perienced at any location or level, Penetration "N" values are adequate to rather high at all points tested. Only one single digit value was rec-- orded, near surface level in Boring 3. generally, the pat- tern indicates moderate allowable foundation bearing ca- pacity. The exception is in the vicinity of the Boring I silt loam soil, where allowable bearing values are lower for the same "N" value. Groundwater is not present on the site as evidenced by lack of the usual indicators (standing water in the bore holes after a period of time, saturation in soil sam-- pies, wet cave-ins, etc) . However, mottling of soils from surface level to basal soil is observed. Mottled soil in- oicates a past, and thus possibly future, water level. This may or may not affect proposed construction. it is again cautioned, as explained in the attach- ment, that groundwater levels may vary according to var- ious climatological and meteorological influences. In ad- dition, area development patterns can influence groundwa- ter patterns. indicated results are for the time of test- 99214 -6- ing only. Refer to the individual boring logs for a more de- tailed description of soils and moisture conditions en- countered. CONCLUSIONS AND RECOMMENDATIONS he following conclusions and recommendations are based upon interpreted results of boring logs and other information. Because the borings represent a small portion of the site in relation to the proposed area of work, on going review of construction should be carried out. If ad ditional excavations reveal subsurface soils of a differ ent nature than those observed in the borings, the Soils Engineer should be contacted for possibly revised recom- mendations (see #6 below and the following "Limitations of Investigation"). Based upon interpreted results of the borings, it appears that the site has some limitations regarding suitability fear construction. These mainly consist of the presence of surface level and possibly buried or- ganic soils, tendancy for the site to perch groundwa- ter, and the need to adjust site terrain to adapt to the intended use. These limitations are correctable by adequate foundation engineering, site design, and +ur- ther monitoring o+ soils as construction proceeds. 99214 -I- 2. 1 n i t i - a' R UO ra t 1 on As a first and general recommendation, the building pad area should, as applicable, be cleared of all vege-- tats n, organic, loose or otherwise unsuitable soil, debris and boulders (3"+) and then excavated to planned grades. Based upon boring evidence, this will involve normal topsoil removal and excavations as necessary for the structure. However, the vicinity of Boring 3 is open to some speculation. If, during the course of ex- cavation, a buried topsoil layer is discovered, this layer and overburdening soil should be removed, "fol- lowed out" until it either disappears beyond building pad oversizing, dissipates, or daylights. The above is an outline only, the nest estima&-: based upon boring evidence. No straight-line interpola- tions should be arbitrarily made between borings except for construction quantity estimate purposes. Excavations should be closely monitored for evidence of additional unsuitable soil or other conditions not represented in the borings (see #6 below). If soils of a substantially different nature are discovered during excavations, the o+ Vice of Allied Test Drilling Company should be contacted for possibly revised recom- mendations. Excavated organic material should be disposed of offsite, or in landscaping areas, where the bearing 89214 of weight will not be required. Mineral soil may be salvaged for re-use as fill, but care should be exer- cised to properly identify its quality and keep it free from contamination. Also, description may vary, making quality control (density testing reference) more diffi- cult and expensive. Upper level material from Boring 3 may not be suitable for salvage. he base of excavation should be rolled or tamped to densi+y exposed soils at this level and to recompact any soils loosened in the excavation process. There should be no significant quantities of roots left inplace at the base of excavation. Upon the base of excavation filling operations, as necessary, may commence. This fill, as required, should be placed, compacted, and tested as per the "Fill Placement" (#I) section following. Proper attention should be paid to oversizing when excavations below footing grades are performed, and to the advisory re- qarding inspection of the completed excavation ( #6 below). Refer to subsequent sections for more detailed and specific recommendations for site correction and recom- mendations for each structural component. 3. Found t For purposes of proposed construction, foundations and fill to support foundations must rest upon and over 89214 -9- mineral (rionorganic) soils of adequate bearing value. Normally, an allowable foundation bearing pressure of 3000 pounds per square foot (ps+) or more is desirable for a building of this type. This- analysis, of soil - for foundation put-poses is based upon r'he bui.ld.jLi g b - eing. set L appro11 _L x - matelly as noted above. excavation and filling is completed to the extent o 'lined above, then basement toot.Ings may be designed allowing u C T 31000) psf allowable foundation bearing capacity l resting upori firm Friineral basal soil or upon com- pactpd fill which in turn rests upon fnineral basal soil. However, footings at nigher levels (those at frost pro- tection depth at first -floor level), ShIOUld be designed ,allowing '12000 psf. This is due to the lower bearing ca parity allowable on thle silt loam soil in Boring 1. Continuous footings should be arbitrarily longitudinal ly reinforced. Final, excavations, should be closely monitored - ror - ev of unsultatble Londiti'ons not represented in the borings or inadvertently missed during site COr— reccion. As necessary, t:jle bottom of fInal excavBtioFis s1h be tamped to dens soils in immedLate conti:act with footings. There should be no roots in foundation soil in any quantity at all in direct contact i/,i-i.th proposed -Feet- 89214 ingS. 1- discovered to be present, the area below pro-- posed footings should be subcut at least ' and proper - I .Ly oversized. If roots, diminish to no More than trau.e levels at this point, the subcut may be back-Fil"Ied and properly compacted. The alternative o using lower pressure +00tings, of any bearing value at all, over the site as-is, without C - orrection, Ls not recommended as dif-ferential settle- ment col_rld occur as a result. It is not recommended to Place 4-00t.ings ar ly deeper as this would bring +00tinas closer to More exparlsive Soils. If any other footing arrangemen or alternatives are considered, the office of Allied Test Drilling Com pany should be contacted for possibly revised i mendation-. If any +oundat.a.ons are installed using the trench method, then areas all-jaCen'L to +oundat lt , , ialls which will Iie below slabs or pavements should also be back- filled and compacted - in accordanCe w1th the "Fill Placement" section below, not loosely placed. This will act to prevent slab or pavement settlement in this vi- cinity. Adequate frost protection should be provided ,nor the footings. 4. 51 Slabs should also rest upon and over mineral soil of 89214 - I i - adequate bearing strength. This strength (approximately 500 psf) may be considerably lower than soil strengths for loundations, however. Based upon boring evidence, the basal mineral soil or this soil with fill thereon is capable of proper slab support provided that excavations are carried out to the depths and extents of organic soil. Slabs should have clearance from maximum antici- pated groundwater level and should be protected from intrusion by surface waters. This clearance should be Tour feet or more. According to boring (mottling) evi- dence, this advisory is not met. This observation is tempered, however, by the speculation that the observed mottling is either archaic (indicative of past condi- tions no longer valid) or indicative of a "zone of sat- uration". in the latter case, such a zone develops when surface water infiltrates into the soil, slows in pro- gressively tighter soil, and causes temporary satura- tion. Improved site drainage should eliminate the ten- dancy in any event. As perching of water is a possibility, a superior footing drain tile system should be utilized. This should include drain tiles on the qqtside of footings and a superior damp - proofing system. Additional fill, if required, should be similarly placed and tested as per the "Fill Placement" section 09214 -12-- following. immediately beneath the slab, clean granular (+ree-draining) material should be placed and thorough- ly compacted. 4A.Pavements: The existing soil is generally capable of subgrads support +or pavements provided that organic soils are removed from within three feet Of the bottom of the pavement section and that proper base and surfacing materiais and methods are used. Extrapolating soil boring evidence, it appears that proposed pavement areas should be surface stripped and exposed soils should be examined, with the aid of °; re -- quent hand auger borings or test pits. If all organic materials are removed as outlined, leaving the mineral soils of the type shown in the bor- ings, with only trace organic contents, and if backfill is with similar materials or better, then pavements may be designed using a soil resistance strength (R-value) of 20. An example of a pavement structure that would provide a 9-ton design, assuming a traffic distribution biased toward the lighter vehicles and fairly low tral- fic volumes (total granular equivalency required 12"): Bituminous Surfacing, Mn/DDT Spec 2341 1.5;1 Bituminous Base, Mn/DDT Spec 2331 1.5" Oggregate lase, Class 5, Mn/DDT Spec 2211 6 Total GE provided = 12.4" Other designs based upon other factors, such as e-- 89214 -13-- conomy, may be used provided that the above guidelines are followed. Design of pavements should be in accor- dance with Mn/DDT Flexible Pavement Design Policy. K the City has a higher minimum design irrespective of the above, that higher design should govern. 5. Q T l.ac -ment> Fill material, as required, should be granular, free of debris boulders and organic material. Non-granular material may be used, but its workability is somewhat limited, especially in cold or wet weather. Fill should be placed and compacted in a manner that will allow complete compaction of the total fill layer to 98% of standard maximum density according to ASTM D 699 in the building pad area. Required compaction may be reduced 95% for fill heights of less than 5 feet. For roadway and parking lot embankments, fill should be placed and compacted to 100% of standard maximum density according to ASTM D 699 in the upper three feet of embankment. Required compaction may be reduced 95% below three feet. Frozen material should not be used in fill construc- tion, nor should any part of the completed fill be al-- lowed to freeze. A soil compaction test should be conducted for every two feet of fill in appropriate segments of the area (2500 sf+) 8?2i4 -14-- Top of f i II Should extend at least one foot hor tally beyond the structure pad or footing l imits . The -Fil surface may then extend downward and outward on a 1:1 slope to competent Soil. if the fill slope is un--- confined by other soils, the downward and outward slope should bE flattened to 2:1 and stabilized. F) S De CZ 1 The Owner should retain a geotecNInic-al engineering firm to inspect excavations, make t'ie'd I -judgments as to subsoil adequacy, and to carry out a program of field and laboratory testing of engineered fill, concrete and bituminous materials, and possibly other materials. This firm should bear full responsibility for knowledge of contents of this report and -For proper interpreta- tion and correlation of data. Frequent hand auger bor ings should be performed 'to verify that all unsuitable soils have beer properly removed and to search for areas not represented in the borings, i Toc F-�nal Site i _L9_9 The final soil Surface should be graded to provide adequate drainage from structures and hard Surfaces so that as little water as possible in-Filtrates into soils adjacent to the Structure. The areas adjacent to base- ment and -footing walls should be adequately compacted, not loosely placed, to avoid this zone acting as a sump" and creating nL.i_ water conditions below the 89214 _15- slab. Attention is drawn to the nature of subsurface soils at the site. These clay soils are subject to at least small amounts of volume change with changes in moisture content_ it is possible the soils could swell with an increase in moisture content, and shrink with a de- crease. Unless controlled, this condition could possi- nly lead to dif+erentiai settlement of the structure. Some of the precautions that should be taken include special care concerning finished site drainage (see above) so that water does not pond upon the site. Time of construction should be after a short dry period, when groundwater may not be high. After excavations have been made, standing water should not be allowed to pond in the excavations or on the site in addition the excavations should not be allowed to dry out. Similar impervious soils should be used for land- scaping, at least in the upper 18". They Fhould be suf- +iciently compacted, not loosely placed, to achieve the desired effect. While clay soils are somewhat difficult to work with, they will tend to prevent problems with water seeping into basements and will also hinder seep- age into subsurface soils which can cause the above mentioned swelling. Also, when fill is placed upon clay soils for slab or foundation support, and this fill is of a granular mature, the granular fill area can act as X 92 1 --16- a "sump" , trapping �e,(Cesslve water and keeping the bui.ldii pad area wetter than surrounding areas for a considerable amount of time. Again, a clay ''cap" on the s ', � - ovP this ,-tc- will tend to prevent t L I M I TAT I ONS OF I NVEE'ST 1€ O T i ON The Soils Engineer has prepaired 'this report in ac CC with generally accep soil and foundation engi- neerinQ practices excercising a usual "Level of care. Be- cause the borings represent only a small portion of the total site and for other reasons, Allied 'lest Drilling Company does not warrant that the borings are necessarily representative of the entire site but only of the boring locations at the time of investigation. Because of the influence of various construction pro- cedur ( site cnui tabi 1 1 Ly , methods presented in this re- port may lead to a successful - installation of the founda- tion and slabs only if appropriate -eva,ew of construction is carried out by the Soils Engineer or his representa- tive. Construction review should be considered an integral. part of the design. The scope of this report, covers only the suitability of soil for foundation and slab support and does not war- rant or certify the site as buildable regarding compliance with any other requirements such as bUli.JtJ3-n„q codes, local or state ordinances, federal rules and regulations, etc, c n tr 0- TH F, 01 t. a LD p I i c a b I e 8921 _17- Allied Vest Drilling Company has backfilled and com- pacted all boring holes as well as possible under then existing conditions. However, some continuing settlement may occur if construction does not take place in the near future. The Owner should check boring holes (frequently at first, then after each change of season) for signs of settlement. Any settling that does occur should be back- filled with additional material, preferably a free-flowing granular material. This monitoring should continue for at least one season until no additional settlement is evidenced. Samples of soil from the borings will be retained in the office of Allied Test Drilling Company For a period of 90 days from the date of testing. After 90 days, the sam- pies may be discarded unless a request is received to re- tain them for a longer period, ENGINEER'S CERTIFICATE I hereby certify that this plan, specification or re- port 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. ALLIED TEST DRILLING COMPANY Patrick i Hines, PE Data Registration No 1 2036 Attachment to Soil Investigation Report ALLIED TEST DRILLING COMPANY CLAY 200% TEXTURAL CLASSIFICATION OF SOILS from: Mn/DOT Gradin 9 Base Manual Figure B 5-592.603 Note: The term "Loam" refers to a particular mixture of sand, silt, and less than 20% clay. Adjectives describe the predominating material(s) in a loam. AASHTO Gradation specifications: Gravel 2.Orrim+ Sand 0.074 - 2.0 mm Silt 0.005 - 0.074 mm Clay less than 0.005 mm ALLIED TEST DRILLING UNIFIED SOIL CLASSIFICATION SYSTEM (ASTM D -2487) MAJOR DIVISION SYMBOL DESCRIPTIONS GW WELL- GRADED GRAVELS AND GRAVEL -SAND MIXTURES WITH LITTLE OR NO FINES w GRAVELS GP POOR- GRADED GRAVELS AND GRAVEL -SAND MIXTURES > LESS THAN WITH LITTLE OR NO FINES H 50% PASSING GM SILTY GRAVEL, GRAVEL -SAND -SILT MIXTURES CD #4 SIEVE 0 N GC CLAYEY GRAVELS, GRAVEL - SAND -CLAY MIXTURES 11) z H U) SW WELL- dRADED SANDS, GRAVELLY SANDS, LITTLE OR < Q Q4 SANDS NO FINES z a GREATER POORLY- GRADED SANDS, GRAVELLY SANDS, LITTLE OR HLn THAN SP NO FINES a 50% u < W H PASSING #4 SIEVE SM SILTY SANDS, SAND - SILT MIXTURES < v� SC CLAYEY SANDS, SAND -CLAY MIXTURES INORGANIC SILTS AND VERY FINE SANDS, ROCK FLOUR, SILTS ML SILTY OR CLAYEY FINE SANDS OR CLAYEY SILTS WITH AND SLIGHT PLASTICITY INORGANIC CLAYS OF LOW TO MEDIUM PLASTICITY, CLAYS LIQUID CL GRAVELLY CLAYS, SANDY CLAYS, SILTY CLAYS, a1 LIMIT LEAN CLAYS w LESS THAN ORGANIC SILTS AND ORGANIC SILTY CLAYS OF LOW a H OL PLASTICITY O o to n SILTS SILTS, MICACEOUS OR DIATOMACEOUS Q � w AND MH , INORGANIC FINE SAND OR SILTY SOILS < w CLAYS CH INORGANIC CLAYS OF HIGH PLASTICITY, FAT CLAYS H E a a H LIQUID LIMIT H GREATER 0 H THAN OH ORGANIC CLAYS OF MEDIUM TO HIGH PLASTICITY, Z° t= t� 50% ORGANIC SILTS PEAT, HUMUS, SWAMP SOILS WITH HIGH ORGANIC PT CONTENTS DUAL SYMBOLS USED FOR BORDERLINE CASES (D (D �_ I (D (I < < t%J F NJ I 1 � � ;4 r� Z. yrf lfa *Base map furnish by Owner 3: 7- ALLIED TEST DRILLING COMPANY 4000 Beau D'Rue Drive, Eagan, MN 55122 (612) 452-6913 1 = 100 I I DRAWN BY PH* BORING LOCATIONS FOR Proposed 26-unit Handicaped Housing 4301-4461 Winnetka Avenue North New Hope, Minnesota Project 89214 - ALLIMIJ I CQ I UnILLIN14.2 %wVMf-MT4 I Proposed 26-unit Handicaped Housing PROJECT: 89214 - 4301-4461 Winnetka Avenue North,,New Hope, Minne LOG OF BORING NO: I - DEPTH SURFACE ELEVATION: 921 6 SAMPLE LAB & OTHER TESTS IN GEOLOGY N WB L.L. FEET DE �� DESCRIPTION AND CLASSIFICATION CAT,O N # TYPE R W DEN P.L. Topsoil, vegetation Fz N Sl Plastic Sandy Loam (SC', 1-Brown w/ a little gravel 12 2 damp to moist, mottled SBS 3 Lt Gray-brown Silt Loam (ML) 4 v moist, mottled is SBS 7 14 SBS a Brown Clay Loam (CL) 9- W/ tr gravel 12 SBS gritty 10- v moist, mottled 11- 12- Ok Gray-brown Clay (CH) 13- w/ tr gravel somewhat gritty (Fine-med sand) 14- moist 22 SBS stiff 15- 1b 17 Gray is- 19- 17 SBS 20- 21- (continued on next sheet) WATER LEVEL MEASUREMENTS DRILLING DATA DATE TIME SAMPLED DEPTH CASING DEPTH DEPTH CAVE -IN DEPTH DRILLING MU D LEVEL WATER LEVEL J Noble/G Eagles Crew Chief: 7 Hollow-Stem Auger (3 ID) - 6 Dec 11:45 - 30' ; None Method: & Split-Barrel Sampler_ ACR 6 December 1989 Boring Completed: ALLIED TEST DRILLING COMPANY Proposea zb-unit Handicaped Housing PROJECT: 89214 - 4301-4461 Winnetka Avenue North, New Hope, Minnesota LOG OF BORING NO: 1 (continued) DEPTH SURFACE ELEVATION: 921.6 SAMPLE LAB & OTHER TESTS IN GEOLOGY N WS . L-L FEET // DESCRIPTION AND CLASSIFICATION # I TYPE R W DEN P.L. Gray Clay (CH) 22] w/ tr gravel somewhat gritty (fine-med sand 23 moist stiff '22 jroc�) I S3---S 25 26 27 29- 25 SBS 30-� End of Boring - No Refusal 31- 33- 34] ' ,-small sample recovery (rock 35 ahead of sampler) 37 39 40 41 n A a a ar-r-& as-r-A%wr. V%F.%Ba a Rik §A.% A ILELo HLT.1 Li I r_0 I UnILLIMA %oVMf T Proposed 26-unit Handicaped Housing PROJECT: 89214 - 4301-4461 Winnetka Avenue North,.New Hope, Minnesota LOG OF BORING NO: 2 DEPTH SURFACE ELEVATION: 923.6 SAMPLE LAS & OTHER TESTS IN GEOLOGY N WS L.L. FEET z", DESCRIPTION AND CLASSIFICATION # TYPE R DEN P.L, Topsoil, vegetation Fz N Plastic Sandy Loam (SC) I w/ a little gravel 2 damp to moist, mottled 15 SBS 3- Gray Clay Loam (CL) 4 - w/ tr gravel V low plasticity 24 SBS moist, mottled 5- 6 v moist 7 - 8_ more plastic SBS 10- 11- 12- Gray-brown Clay (CH) 13- wl tr gravel gritty 14- moist 20 SBS stiff 15 16- 17- Gray 18 19 16 SBS 20- 21- (continued on next sheet) WATER LEVEL MEASUREMENTS DRILLING DATA DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING MUD LEVEL WATER LEVEL Crew Chief: J Noble/G Eagles 71/ Hollow-Stem Auger (3 1 /4" ID) 6 Dec 2:30 2 23% None Method: & Split-Barrel Sampler ACR None 6 December 1989 floring Completed- P% 1-1s 1 L. V 1 fig %JF t 4p 11 f Lm h- !® V %ma V V IV r r 8 I'm ■ ropose -unit Handicaped Housing PROJECT: 89214 - 4301 -4461 Winnetka Avenue North, New Hope, Minneso LOG OF BORING NO: 2 (cont inued) DEPTH SURFACE ELEVATION: 923.6 SAMPLE LAB & OTHER TESTS IN GEOLOGY N W p L. FEET DESCRiPTiONANDCLASSIFICATION # TYPE R W DEN Gray Clay (CH) 22 w/ tr gravel gritty 23 stiff moist 24 20 sBs 25 End of Boring - No Refusal 26 I 27 28 29- 30 31 32 33 34 35 36 37- 38 38 40 41 42 43 44 454 46 47 A A 2 A V- 2-41 -0- r- Aft "M V4k V% 2 A I A IL 2 A"k Aft 0'% R A r% A &L I IL A11-1-11MIJ I CO I UnILLIMU %.fVMr-Jk%1V I Proposed 26-unit Handicaped Housing PROJECT: 89214 - 4301-4461 Winnetka Avenue North, .New Hope, Minne LOG OF BORING NO: DEPTH SURFACE ELEVATION: 923.6 SAMPLE LAB & OTHER TESTS IN GEOLOGY N WS L.L. FEET DESCRIPTION AND CLASSIFICATION ICATION # TYPE R W DEN I P.L. Topsoil, vegetation N Brown Sl Plastic 9 Plastic 1- 8 SBS Sandy Loam (SM) 2 wl tr small root intrusions in upper w/ tr gravel portio m-o i st Gray 6 Brown Plastic Sandy Loam 6 Clay Loam (SC6CL) 4- w/ tr small root intrusions 17 SBS damp to moist 5- 6 7- Brown Clay Loam gritty 11- w/ tr grave moist, mottled 9� 16 SBS 10- 11- 12- Gray Clay (CH) 13- sl gritty w/ tr fine gravel 14- moist 17 SBS 15- 16- 17- 1111- 19- SBS 20- 21- (continued on next sheet) WATER LEVEL MEASUREMENTS DRILLING DATA DATE TIME SAMPLED DEPTH CASING DEPTH CAVE-IN DEPTH DRILLING MUD LEVEL WATER LEVEL Crew Chief: J Noble/G Eagles 7 Hollow-Stem Auger (3 ID) . T 1 7 Dec 9:30 2 S 2 3/, None Method: - & Split-Barrel Sampler IT it ACR 24.3 7 December 1989 Boring Completed: ALLIED TEST DRILLING COMPANY T roposed 26 -unit Handicaped Housing PROJECT: 89214 - 4301 -4461 Winnetka Avenue North, New Hope, Minneso LOG OF BORING NO: 3 (cont inued) DEPTH SURFACE ELEVATION: g ?3 5 SAMPLE LAB OTHER TESTS H WB IN GEOLOGY FEET DESCRIPTION AND CLASSIFICATION #; TYPE R W DEN p LL.. Gray Clay (CH) { 22 w/ tr fine gravel w/ gritty bands 23 moist 24 23 SBS 25 End of Boring - No Refusal 26 27 28 29 30 31 32 6 33 34 35 36 37 38 39 40 41 M i sh AD AL N IA = 1 'wjESZ1 =9rwM SE1 JwAAS Nmq 'IS &1L j&w2LwA11tW;j WE I PROJECT: _ Log Key LOG OF BORING NO: DE PTH SURFACE ELEVATION: SAMPLE LAB & OTHER TESTS IN GEOLOGY N WE - FEET 1/ DESCRIPTION j IPTION AND CLASSIFICATION # TYPE R W IDEN FL- I Pq 3- 1 1 1 ---- Visual Classification of Soil L 4- According to Unified Soil Origin Classification Symbol Shown of Soil 5- in Parentheses 6- Number of 7- Ll M1 15 16 17 Is 19 �141 21 WATER LEVEL MEASUREMENTS DATE TIM I SAMPLED CASING CAVE-IN I DRILLING WATER I DEPTH I DEPTH I DEPTH IIAUD LEVEJ LEVEL it 11 Liquid Limit Plastic Limitj Dry Density of Soil in Pounds Per Cubic Foot I Moisture Content of Soil as a Percent of Dry Soil Weight Length of - Soil (in Inches) Recovered in Split Spoon Sample Indicates Type of Sample: SS = Split Spoon FA = Flight Auger N = None DRILLING DATA Crew Chief. Method: Boring Completed:—'_ = 1f11t[ owe to Drive 8- Split Spoon One Foot 9- (dual values indicate each 6 increment) 10- Indicates By " I Y = Yes N = No 12 if Soil is Water Bearing 13 Y Water Level 141 15 16 17 Is 19 �141 21 WATER LEVEL MEASUREMENTS DATE TIM I SAMPLED CASING CAVE-IN I DRILLING WATER I DEPTH I DEPTH I DEPTH IIAUD LEVEJ LEVEL it 11 Liquid Limit Plastic Limitj Dry Density of Soil in Pounds Per Cubic Foot I Moisture Content of Soil as a Percent of Dry Soil Weight Length of - Soil (in Inches) Recovered in Split Spoon Sample Indicates Type of Sample: SS = Split Spoon FA = Flight Auger N = None DRILLING DATA Crew Chief. Method: Boring Completed:—'_