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For the full report on City Council agenda packets and/or P I a n n i n,��Ig C �Ic) m m n agenda packets. PROJECT NO. 728 Navarre Corp. Utilities Reloca at 7400 49th Avenue EDA Item 4 10/28/02 Update on Navarre Project and Discuss Revised Terms of Agreement (Improvement Project No. 728) Item 6.6 11/12/02 Motion Approving the Development of Plans and Specifications for the Relocation of Utility Pipelines at the Navarre Corporation Site (Improvement Project No. 728) EDA Res. 02 -10 11/12/02 Resolution Authorizing the Acquisition of Certain Property within the City of New Hope for the Purpose of Redevelopment ( hmprovement Project No. 728) EDA Res. 02 -11 11/12/02 Resolution Authorizing Execution and Delivery of a Contract for Private Redevelopment, by and Between the New Hope Economic Development Authority and New Hope, LLC (Improvement Project No. 728) Res. 03 -13 01/13/03 Resolution Approving Final Plans and Specifications and Advertisement for Bids for the Relocation of Utility Pipelines at the Navaare Corporation Site (Improvement Project No. 728) Res. 03 -109 06/23/03 Resolution Awarding a Contract and Ordering Construction of Relocation of Utility Pipelines at the Navarre Corporation Site (Improvement Project No. 728) Res. 03 -166 11/24/03 Resolution approving change order no. 1 to complete a water main adjustment for the relocation of utility pipelines at the Navarre Corporation site (improvement project no. 728) Res. 03 -172 11/24/03 Resolution vacating dedicated drainage and utility easements, sanitary and storm sewer easements and sidewalk easement (planning case 03 -01 and improvement project no. 728) Res. 04 -18 1/12/04 Resolution approving change order no. 2 to complete relocation of utility pipeline contract at Navarre Corporation site (improvement project no. 728). Res. 04 -121 6/28/04 Resolution approving change order no. 3 to construct a swale between properties to resolve an erosion issue (improvement project no. 728) Res. 04 -169 9/27/04 Resolution to accept the relocation of utility pipelines project at the Navarre Corporation and to approve final payment to Veit & Company - $43,404.81 (improvement project no. 728) FDA ,REQUEST FOR ACTION 2�� H oQty Originating Department Approved for Agenda Agenda Section Community Development 11 -12 -02 EDA Item No. By: Kirk McDonald By: 5 RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND NEW HOPE, LLC (IMPROVEMENT PROJECT NO. 728) REQUESTED ACTION Staff recommends that the EDA approve the attached resolution, which authorizes a contract for private redevelopment between Navarre Corporation /New Hope, LLC and the EDA.. POLICY /PAST PRACTICE The EDA has approved contracts similar to this in the past to facilitate business expansion or redevelopment. BACKGROUND At the October 28 EDA meeting, the EDA directed staff to proceed with the Navarre Corporation expansion project. The financial consultant and staff have coordinated on the contract details and the financial consultant has prepared the attached memorandum and resolution and will be present to explain details or answer questions from the EDA. The attached resolution includes the following details: • The EDA adopted a resolution on September 9, 2002, authorizing the execution of an agreement with New Hope LLC, a Minnesota limited liability company, and it has been proposed that the EDA rescind the resolution authorizing the agreement presented to the EDA on September 9, 2002, and instead enter into a Contract for Private Redevelopment (the "Contract ") with the Redeveloper in the form presented as of this date, • The EDA hereby finds that the Contract promotes the objectives as outlined in its Restated Redevelopment Plan for Redevelopment Project No 1 established pursuant to Minnesota Statutes, Sections 469.001 et seq. MOTION BY r��1..�',� - SECOND BY TO. CSC -��G .:= �,�� ��e.�� �,Q — o' f Jill Request for Action Page 2 11-12-02 • The EDA hereby finds that it has approved and adopted Tax Increment Financing District No. 02-1 and the EDA has approved and adopted the Tax Increment Financing Plan relating thereto pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended and supplemented from time to time. • The resolution of September 9, 2002, authorizing an agreement with New Hope, LLC is hereby rescinded. • The President and the Executive Director are authorized to execute and deliver the Contract when the following condition is met: 1. Substantial conformance to the Contract presented to the EDA as of this date, with such additions and modifications as those Officers may deem desirable or necessary as evidenced by the execution thereof. 2. Payment by New Hope, LLC, or another entity on its behalf, of the fees incurred by the EDA for preparation of the Contract. Staff recommends approval of the resolution. FUNDING The funding of the City's portion of the project will be paid for through the creation of a new economic development tax increment financing district. ATTACHMENTS • Resolution • Financial Consultant 11/7 Memorandum • Redevelopment Contract • 10/28 EDA RFA with Financial Information NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA EDA RESOLUTION NO. 2002-11 (IMPROVEMENT PROJECT NO. 728) BE IT RESOLVED by the Board of Commissioners (the "Board") of the New Hope Economic Development Authority (the "EDA") as follows: Section 1. Recitals. 1.01 The EDA adopted a resolution on September 9, 2002, authorizing the execution of an agreement with New Hope, LLC a Minnesota limited liability company, or its permitted successors or assigns (the "Redeveloper") 1.02 It has been proposed that the EDA rescind the resolution authorizing the agreement presented to the EDA on September 9, 2002 and instead enter into a Contract for Private Redevelopment (the "Contract") with the Redeveloper in the form presented as of this date. Section 2. Findings. 2.01 The EDA hereby finds that the Contract promotes the objectives as outlined in its Restated Redevelopment Plan for Redevelopment Project No. 1 established pursuant to Minnesota Statutes, Sections 469.001 et seq. 2.02 The EDA hereby finds that it has approved and adopted Tax Increment Financing District No. 02-1 and the EDA has approved and adopted the Tax Increment Financing Plan relating thereto pursuant to ' Minnesota Statutes, Sections 469.174 through 469.1799, inclusive, as amended and supplemented from time to time. Section 3. Authorizations. 3.01 The resolution of September 9, 2002 authorizing an agreement with New Hope, LLC is hereby rescinded. 3.02 The President and the Executive Director (the "Officers") are hereby authorized to execute and deliver the Contract when the following condition is met: I Substantial ,conformance to the Contract presented to the EDA as of this date, with such additions and modifications as those Officers may deem desirable or necessary as evidenced by the execution thereof; 2. Payment by New Hope, LLC, or another entity on its behalf, of the fees incurred by the EDA for preparation of the Contract. Adopted by the EDA this 12th day Of November 2002. W. Peter Enck, President ATTEST: AZ Ddniel J. DonZi e , Executive Director G:\WPDATA\N\NEW HOPE\08\DOC\EDA RESOLUTION AUTHORIZING EXECUTION OF DEV AGR4.DOC ATTORNEYS AT LAW Clarissa M. Klug, Esq. Email: clarissak @krassmonroe.com Direct Dial. (952) 885 -4395 MEMORANDUM To: City of New Hope Attn: Kirk McDonald, Comm. Dev. Dir. Attn: Daniel Donahue, City Manager Attn: Daryl Sulander, Finance Director From: Clarissa M. Klug, Esq. James R. Casserly, Esq. Date: November 7, 2002 Re: New Hope: Navarre — Revised Development Agreement Our File No. 10048 -8 Attached is revised Development Agreement reflecting the provisions outlined in the parties' Term Sheet of October 21, 2002. The differences between terms in the Development Agreement approved by the City on September 9, 2002 and the enclosed Development Agreement are as follows: 1. Redeveloper Name The Redeveloper will be New Hope, LLC, a subsidiary of Narvarre Corporation. 2. City Property No City property will be conveyed to the Redeveloper for construction of a new Ahrens trucking facility. The City /EDA will continue in their efforts to sell the property. A regional storm pond can still be included on this site if the City elects, but the development of that parcel is now wholly outside the scope of the enclosed agreement. 3. Ahrens Trucking The Redeveloper will not construct a new trucking facility for Ahrens. The Redeveloper is, however, continuing its efforts to acquire the Ahrens property. If it is not successful, the enclosed agreement states that the EDA will in order to implement its Restated SUITE 1100 SOUTHPOINT OFFICE CENTER r 1650 WEST 82ND STREET r MINNEAPOLIS, MINNESOTA 55431 -1447 TELEPHONE 952/885 -5999 r FACSIMILE 952/885 -5969 www.krassmonroe.com Redevelopment Plan proceed with an eminent domain proceeding to acquire the property, provided that the Redeveloper complies with the warehouse expansion construction requirements outlined in the enclosed agreement. 4. Security. The EDA is no longer conveying any City property to the Redeveloper. The Redeveloper will either purchase the current Ahrens trucking site or will advance all funds necessary to do so to the EDA. The Redeveloper will receive a revenue note for agreed-upon expenses but only after it has completed construction of the expanded facility for lease to Navarre Corporation. 5. Revenue Note Payments. Tax increment will be pledged for the payment of the revenue note through August 1, 2011. Because of the reduced overall market value for the Tax Increment District (because the new Ahrens trucking facility will not be built on the City property parcel to the east), the full principal of $450,000 is not estimated to be actually paid until December 1, 2012. However, the Redeveloper has agreed to a final payment date of August 1, 2011. This means the district is estimated to provide a principal amount of $425,000 to the Redeveloper. The EDA will receive the remaining revenues generated by the TIF district though December 1, 2012. Attachment(s) cc: Jensen & Sondrall, P.A. Attn: Steve Sondrall, Esq. Glasgow Advisory Services, Inc. Attn: Robert R. Glasgow, President Winthrop & Weinstein Attn: Jon L. Peterson, Esq. G:\WPDATA\N\NEW HOPEWCOMMCDONALD-DONAHUE SULANDER CMK - REVISED AGR SUMMARY.DOC • Page 2 January 13, 2003 / 4 /.. . / '.. James R.Casmudy Esq. Monroe, Krass 165O West D2'~Street Suite 1100 Minneapolis, K4N55431 Subject: Authority Signature Page "Contract� Enclosed are five executed contract pages relating to the Navarre development, These are being provided at your request. Please contact Kirk McDonald, Director of Community Development, at 763-531-5119 if you have questions. III, .-U4,14-^~�- Valerie Leone, CMC City Clerk cc: Kirk McDonald 44O1Xylom Avenue North * New Hope, Minnesota 55428-4898^vvvvvn City Hall: 763-531`51OO* Police :763-53I-5l70^ Public Works: 763-592-6777+TI}D: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 EXECUTION CONTRACT O PRIVATE REDEVELOPMENT By and Between NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY And NEW HOPE, LLC This document was drafted by: Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, MN 55431 James R. Casserly, Esq. TABLE OF CONTENTS Page ARTICLE I Definitions Section 1.1. Definitions.................. ....................................................................... 4 ARTICLE II Representations and Warranties Section 2.1. Section 2.2. Representations by the Authority ........................ ............................... 8 Representations and Warranties by the Redeveloper .........................9 ARTICLE III Under of the Authori and Redeveloper Section 3.1. Revenue Note to the Redeveloper for the Site Preparation and the Ahrens Acquisition Costs ............................12 Section 3.2. Limitations on the Revenue Note Undertakings ofthe Authority ............................... ........................................... 12 Section 3.3. Conditions Precedent to Delivery of Revenue Note ........................13 Section 3.4. Adjustment of Revenue Note .................................................. ........ 13 Section 3.5. Acquisition of the Current Ahrens Site ............ ............................... 13 Section 3.6. Transfer of the Current Ahrens Site .................... .............................15 Section 3.7. Transfer Terms ................................................................................. 15 Section 3.8. Public Improvements Relocation Work .............. .............................18 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements ........... .............................19 Section 4.2. Completion of Construction ................................ .............................19 Section 4.3. Certificate of Completion ..................... ........................................... 19 ARTICLE V Events of Default Section 5. Events of Default Defined .............. ......... ................. ..................... 21 Section 5.2. Remedies on Default ...................................... ................................. 22 Section 5.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Redeveloper .......... ................... 22 Section 5.4. Resale of Reacquired Property; Disposition of Property; Disposition of Proceeds and Earnest Money ................................ 23 Section 5.5. No Remedy Exclusive ........................................ r .............................. 23 Section 5.6. No Implied Waiver Implied ................................ .............................23 Section 5.7. Agreement to Pay Attorney's Fees and Expenses ............................24 ARTICLE VI Prohibitions Against Assignment and Transfer; Indemnification Section 6.1. Representation as to Redevelopment .................. .............................25 Section 6.2. Prohibition Against Transfer of Property and Assignment of Agreement ............ ..................................... 25 ARTICLE VII Insurance and Condemnation Section7.1. Insurance ....................................................................... .................. 26 Section 7.2. Condemnation .......................................................... ........................ 28 ARTICLE VIII Taxes and Pledge of Increment Section 81. Real Property Taxes ......................................................................... 29 Section 8.2. Tax Increment Pledge ....................................................................... 30 ARTICLE IX Section9.1. Termination ....................................................... ............................... 31 Section 9.2. Effect of Termination ........................................ ............................... 31 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests ............................................. .............................32 Section 10.2. Restrictions on Use ........................................... ............................... 32 Section 10.3. Titles of Articles and Sections ............................ .............................32 Section 10.4. Notices and Demands ........................................ ............................... 32 Section 10.5. Indemnification of Authority .............................. .............................32 Section10.6. Counterparts ........................................................ .............................33 Section10.7. Law Governing .................................................... .............................33 Section 10.8. Provisions Surviving Rescission or Expiration ... .............................34 Section 10.9. Subordination of Authority's Rights Under the Agreement ............ 34 Section 10.10. Provisions Not Merged With Assignment .......... .............................35 Section 10.11. No Third Party Beneficiaries ............................... .............................35 SIGNATURES............................................................................. .............................36 SCHEDULE A Redevelopment Property ..................................... .............................38 SCHEDULE B Form of Current Ahrens Site Deed ..................... .............................39 SCHEDULE C Navarre Property Legal Description ................... .............................42 SCHEDULED Reserved .............................................................. .............................43 SCHEDULE E Certificate of Completion .................................... .............................44 SCHEDULEF Reserved .............................................................. .............................46 SCHEDULE G Public Improvements Relocation ........................ .............................47 SCHEDULEH Form of Note ....................................................... .............................48 SCHEDULE I Use Certificate ..................................................... .............................53 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT ( "Agreement ") is made on or as of the 12th day of November, 2002 by and between the NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "), having its principal offices at 4401 Xylon Avenue North, New Hope, Minnesota 55428, and NEW HOPE, LLC, a Minnesota limited liability company (the "Redeveloper "), having its principal office at 7400 — 49" Avenue North, New Hope, MN 55428. WITNESSETH: WHEREAS, the Authority is a political subdivision of the State of Minnesota and is governed by a board of commissioners; WHEREAS, in furtherance of the Authority's objectives, there has been established a Restated Redevelopment Plan (the "Project Plan ") for Redevelopment Project No. 1 (the "Project Area ") in the City of New Hope, Minnesota (the "City ") to encourage and provide maximum opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use, WHEREAS, as of the date of this Agreement the Project Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes Sections 469.001 through 469.047 and 469.090 through 469.108; WHEREAS, in connection with the Project Area the City Council of the City has created a Tax Increment Financing District No. 02 -1 (the "Tax Increment District ") pursuant to the Minnesota Tax Increment Financing Act in Minnesota Statutes Sections 469.174 to 469.1799; WHEREAS, the Redeveloper currently owns a parcel of land located adjacent to a portion of the Tax Increment District and wishes to acquire an acre of land in that portion of the Tax Increment District in order to construct a building expansion; WHEREAS, In order to achieve the objectives of the Project Plan, the Authority is willing, if necessary, to acquire the above - referenced acre of land utilizing its power of eminent domain and would, if the land is acquired, then convey it to the Redeveloper subject to the Redeveloper proceeding with construction in accordance with this Agreement and the Project Plan; WHEREAS, the major objectives in establishing the Project Area are to: 1. Promote and secure the prompt development or redevelopment of certain property in the Proi ect Area, which property is not now in productive use or in its highest and best use, in 1 a manner consistent with the City's comprehensive plan and with a minimum adverse impact on the environment and thereby promote and secure the development of other land in the City. 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increased valuation of property subject to taxation by the City, County, School District and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. 5. Promote the concentration of new desirable residential, commercial, office and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. 8. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Plan. 9. Create viable environments which would upgrade and maintain housing stock, maintain housing health and safety quality standards, and maintain and strengthen individual neighborhoods. 10. Stimulate private activity and investment to stabilize and balance the City's housing supply. 11. Eliminate code violations and nuisance conditions that adversely affect neighborhoods. 12. Revitalize property to create a safe, attractive, comfortable, convenient and efficient area for residential use. 2 13. Recreate and reinforce a sense of residential place and security which creates neighborhood cohesiveness through City investment in neighborhood infrastructure and public improvements, including landscaping, park improvements, local street modifications to reduce traffic impacts, street repaving, curb and gutter replacement, and streetlight updating. 14. Encourage infill development and redevelopment that is compatible in use and scale with surrounding neighborhoods. 15. Rehabilitate the existing housing stock and preserve existing residential neighborhoods wherever possible. 16. Demolish and reconstruct, where necessary, aging residential buildings to preserve neighborhoods. 17. Removal of substandard structures. WHEREAS, under Minnesota Statutes, Sections 469.174 through 469.1799, as amended (the "Tax Increment Act "), the Authority is authorized to finance certain costs of a redevelopment project with tax increment revenues derived from a tax increment financing district established within such redevelopment project; WHEREAS, in order to achieve the objectives of the Authority and City in creating the Project Area and in adopting the Project Plan, the Authority is prepared to provide assistance in accordance with this Agreement; and WHEREAS, the Authority believes that the development and redevelopment of the Project Area pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the Authority and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the development and redevelopment are being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: 3 ARTICLE I Definitions Section 1.1. Defi nitions . In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statute Section 469.001 et seg. "Administrative Costs" means administrative costs of the Authority in an amount not to exceed 10% of the Tax Increment. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Ahrens Acquisition Costs" means all of the costs and expenses incurred by the Authority in connection with the acquisition of the Current Ahrens Site, if undertaken by the Authority pursuant to this Agreement, and shall include but not be limited to condemnation awards, appraisals, title work, legal fees and expenses, utility connections, relocation benefits under State and /or federal law, and any other costs or expenses related to the Authority's acquisition of that site. "Authority" means the New Hope Economic Development Authority, or any of its successors or assigns. "Available Tax Increment" means the Tax Increment, less the Administrative Costs. "Certificate of Completion" means the certification, in a form substantially similar to that contained in Schedule E attached to acid made a part of this Agreement, to be provided by the Authority to the Redeveloper pursuant to Section 4.3 of this Agreement. "City" means the City of New Hope, Minnesota, or its successors or assigns. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on both portions of the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector or the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides, except as to a side of an existing structure where no construction is to take place); (7) 0 facade and landscape plan; and (8) such other plans of supplements to the foregoing plans as the Authority may reasonably request. "Council" means the Council of the City. "County" means the County of Hennepin, Minnesota. "Current Ahrens Site" means land of approxin situated made a part of the Navarre Property, as described on an exhibit to S chedule A attached to and this Agreement. This land is as of the date of this Agreement owned by Ahrens Enterprises, LLC and occupied by an entity known as Ahrens Trucking. "Current Ahrens Site Deed" means a deed in substantially the form of Schedule B attached to and made a part of this Agreement. "Final Award Date" means the date when (1) the Authority has completed e dete urination of its exercise of eminent domain power over the Current Ahrens Site, and (ii) ived by all third parties eal. their interests in that land is the condemnation proceeds to be rece final in all respects, with no further or additional rights of pp "Holder" means the owner of a Mortgage. "Minimum Improvements" means construction of a warehouse el have total project 0 000 square feet on the Redevelopment Property. The wareh excluding land value, of approximately $4,325,000 and will be undertaken to accommodate the expansion of Navarre Corporation, a Minnesota corporation. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Sections 116D.01 et se ., as may be amended from time to time. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.01 et se q., as may be amended from time to time. "Mortgage" means any mortgage or other agreement in which the Redeveloper y p as has granted or acquiesced in a security interest in the Redevelopment Property, thereof or any improvements constructed thereon, and which is a permitted encumbrance pursuant to the provisions of Article X of this Agreement. "National Environmental Policy Act" means the federal law located at 42 U.S.C. Sub. Sect. 4331 et se ., as may be amended from time to time. 5 "Navarre Property" means the approximately 4.7 acres of land currently owned by the the Navarre Corporation, a Minnesota corporation situated of thas Agreement Current Ahrens Site, as described on Schedule C attached to and made a part The Redeveloper intends to acquire this land and subsequently lease this land, once developed, to Navarre along with the balance of the Redevelopment Property. "Note" means a limited revenue note to be issued by the Authority to the Redeveloper in substantially the form contained in Schedule H attached to and made a part of this Agreement. "Parties" means the Redeveloper and the Authority. "Party" means either the Redeveloper or the Authority, as the may require. "Plan" means, collectively (i) the Restated Redevelopment Plan for adopted by the Authority and approved by the City for Redevelopment Project No. 1, and (ii) the Tax Increment Plan. "Project Area means Redevelopment Project No. 1, as amended, established in accordance with the Act. "Public improvements Relocation means the relocation of the public utilities or other public improvements within the Redevelopment Property as described on Schedule G, attached to and made a part of this Agreement, which relocation is to be performed by the City, initially funded by the Redeveloper, and eligible for reimbursement via the Note as outlined in Article IIl of this Agreement. "Redeveloper" means New Hope, LLC, a Minnesota limited liability company, and its permitted successors and assigns. "Redevelopment Project" means the Redevelopment Property, the Public Improvements Relocation, the Site Preparation and the Minimum Improvements. "Redevelopment Property" means the Navarre Property and the Current Ahrens Site. "Site Preparation" means the site preparation work for the Redevelopment Property, described in Schedule G, attached to and made a part of this Agreement, which improvements are to be funded by the Redeveloper and eligible for reimbursement via the Note as outlined in Article III of this Agreement. "State" means the State of Minnesota. I "Tax Increment means the real estate taxes paid with respect to the Redevelopment Property that are remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes Sections 469.174 to 469.1799, as may be amended from time to tune. "Tax Increment District" means Tax Increment Financing District No. 02 -1, which includes the Redevelopment Property and which was established by the Authority and approved by the Council pursuant to the Tax Increment Act. "Tax Increment Plan" means the tax increment financing plan adopted by the Authority and approved by the City in connection with the creation of the Tax Increment District. "Tax Official" means any City or County assessor; County auditor; City, County or State board of equalization, the commissioner of revenue of the State, any State or federal district court, and the tax or any other court of the State, including the State Court of Appeals and the State Supreme Court. "Termination Date means the earlier of: (i) December 31, 2012; (ii) the date the Tax Increment District dissolves or otherwise terminates as provided for under State law; or (iii) such other date if this Agreement is terminated in accordance with the provisions of Article III or Article V of this Agreement. "Unavoidable Delays" means delays which are the result of strikes or of casualties to the Minimum Improvements, the Redevelopment Property or the equipment used to construct the Minimum Improvements, and also means delays related to financing, delays which are the result of governmental actions or governmental changes in plans, delays which are the result of judicial action commenced by third parties, delays directly related to citizen opposition or other action affecting this Agreement, delays which are the result of adverse weather conditions or acts of God, and delays caused by acts of war or terrorism which directly impact the Redevelopment Project. "Use Certificate" means a certificate signed by the Redeveloper and the lessee of the Redevelopment Property, which certificate will describe the intended use of the Minimum Improvements and which certificate will be in substantially the form contained in Schedule I attached to and made a part of this Agreement. W Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) Subject to Unavoidable Delays, the Redeveloper will construct the Minimum Improvements in accordance with the terms of this Agreement, the Plan and all local, State and federal laws, ordinances, rules, regulations or other similar provisions (including but not limited to those relating to environmental, zoning, building code and public health matters). The Redeveloper will thereafter maintain the Expansion Site, until the Termination Date, in accordance with the terms of this Agreement, the Plan and all local, State and federal laws, ordinances, rules, regulations or other similar provisions (including but not limited to those relating to environmental, zoning, building code and public health matters). (b) The Minimum Improvements will be an allowed use under the zoning ordinance(s) of the City. (c) As of the date of the Redeveloper's execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the Authority in the Project Area may be or will be in violation of any environmental law or regulation. (d) As of the date of the Redeveloper's execution of this Agreement, the Redeveloper is aware of no facts the existence of which would cause the Redeveloper to be in violation of any local, State or federal environmental law, ordinance, rule, regulation, review procedure or other similar provision which could give any person or entity a valid claim under the Minnesota Environmental Rights Act. (e) The Redeveloper will, within thirty (30) days after its acquisition of the Current Ahrens Site, use reasonable efforts to timely obtain all required permits, licenses, approvals and similar provisions necessary to begin construction of the Minimum Improvements and will thereafter meet, in a timely manner, all requirements of all applicable local, State and federal permits, licenses, approvals, and similar provisions which must be obtained or met before the Minimum Improvements may be lawfully constructed. (f) The Redeveloper is a limited liability company organized under the laws of the State of Minnesota. (g) The Redeveloper agrees that it will cooperate with the Authority and shall indennnify the Authority against all costs, including the costs of defense incurred by the Authority, through an attorney reasonably acceptable to the Authority and Redeveloper, with respect to any litigation commenced by third parties in connection with Redeveloper's failure to perform according to the terms and conditions of this Agreement. 0 (h) The financing arrangements that the Redeveloper has obtained, or will obtain, to finance acquisition of the Current Ahrens Site and the construction of the Minimum Improvements will, together with financing to be provided by the Authority pursuant to this Agreement, be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. (1) The Redeveloper will if it acquires the Current Ahrens Site through voluntary negotiations provide the Authority with a valid, legally - binding document, in form and content reasonably acceptable to the Authority, evidencing either payment in fill for or waiver of any and all relocation benefits which the owner(s) and occupant(s) of the Current Ahrens Site may be entitled to under State or federal law. 0) The construction of the Minimum Improvements, in the opinion of the Redeveloper, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the use of the tax increment financing contemplated by this Agreement. (k) The Navarre Property shall not become exempt from the levy of ad valorem property taxes, or any statutorily authorized alternative, and any improvements of any kind constructed on the Navarre Property shall similarly not become exempt until after the dissolution or other termination of the Tax Increment District or December 31, 2012, whichever is later. Notwithstanding the foregoing language, this restriction shall end upon any tennination of this Agreement due to a default by the Authority that is not timely cured. (1) Once acquired by the Redeveloper, the Current Ahrens Site shall not become exempt from the levy of ad valorem property taxes, or any statutorily authorized alternative, and any improvements of any kind constructed on the Current Ahrens Site shall similarly not become exempt until after the dissolution or other termination of the Tax Increment District or December 31, 2012 (whichever is later). Notwithstanding the foregoing language, this restriction shall end upon any termination of this Agreement due to a default by the Authority that is not timely cured as allowed under this Agreement. (m) The Redeveloper agrees, notwithstanding the provisions of Article VI of this Agreement, that it will not assign, convey or lease any interest in the Redevelopment Property or any portion thereof, or this Agreement or any portion thereof, to any tax - exempt entity under the U.S. Internal Revenue Code of 1986, as may be amended from time to time, without the prior written approval of the Authority (whose approval shall be conditioned upon the Redeveloper executing a payment in lieu of tax pursuant to agreement terms reasonably satisfactory to the Authority). 10 (n) The Authority has provided to the Redeveloper, and the Redeveloper acluzowledges receipt of, a copy of Minnesota Statutes, Sections 1161993 to 1161995 (the "Business Subsidies Act "). The Redeveloper covenants to comply with any applicable reporting requirements or other provisions of the Business Subsidies Act, as the same may be amended from time to time. The Redeveloper hereby further acknowledges: (1) That failure on the part of the Redeveloper to comply with the reporting requirements of the Business Subsidies Act is an Event of Default and, in addition, may result in the imposition by the Authority of a penalty. (2) That the Business Subsidies Act may require reporting by the Redeveloper even if the Parties determine that all or a portion of the Redevelopment Project is exempt from that act. (3) That the Business Subsidies Act currently allows for a penalty of up to $1,000.00 for a recipient's failure to meet reporting requirements. (o) After issuance of the Certificate of Completion and by no later than February 1 each year thereafter until the termination of this Agreement, the Redeveloper agrees to execute a use certificate in substantially the form attached as Schedule I to this Agreement evidencing that the Redevelopment Property qualifies as an "economic development district" as defined under the Tax Increment Act. (p) Until the issuance of the Certificate of Completion, Navarre, Inc. will be the tenant on a lease with the Redeveloper. 11 ARTICLE III Undertakings of the Authority and Redeveloper Section 3.1. Revenue Note to the Redeveloper for the Site Preparation and the Ahrens Acquisition Costs As consideration for the execution of this Agreement and the constriction of the Minimum Improvements by the Redeveloper the Authority agrees, subject to the applicable provisions of this Agreement (including but not limited to those outlined in this Article III), to deliver the Note to the Redeveloper in order to assist the Redeveloper with the Site Preparation, the Ahrens Acquisition Costs, and the Public Improvements Relocation Section 3.2. Limitations on the Revenue Note Undertakings of the Authority (a) The Authority shall have no obligation to the Redeveloper under this Agreement to deliver the Note if the Authority, at the time the Note is to be delivered, is entitled tinder Section 5.2 of this Agreement to exercise any of the remedies set forth therein as a result of an Event of Default by the Redeveloper which has not been cured. If the Authority has not exercised its remedies under Section 5.2(b) of this Agreement but the Note is withheld due to an Event of Default by the Redeveloper that is later cured, the Note shall be delivered after such cure. (b) The Authority shall have no obligation to deliver the Note to the Redeveloper unless the Redeveloper has submitted to the Authority reasonably sufficient documentation evidencing the following: (i) A sworn construction statement by the Redeveloper for the Site Preparation and a similar statement as to either the costs it incurred in directly acquiring the Current Ahrens Site from the current owner or showing the Ahrens Acquisition Costs it has advanced to date in connection with eminent domain proceedings by the Authority pursuant to this Agreement. Each statement is to be accompanied by a certification signed by the Redeveloper's project architect and/or another appropriate party and stating to the effect that the costs for which payment was made were incurred in connection with the Redevelopment Project; (ii) Copies of lien waivers from the contractors, subcontractors, construction managers and /or any other professionals retained by the Redeveloper for the Site Preparation. No waivers shall be required from the Redeveloper for the City work performed to complete the Public Improvements Relocation. 12 The Authority shall indicate its acceptance of the amounts for the Note, assuming the conditions of this Section 3.2 have been complied with and there is no Event of Default, when the Authority issues the Certificate of Completion in accordance with Section 4.3 of this Agreement. Section 3.3. Conditions Precedent to Delivery of Revenue Note The Authority's obligation to reimburse the Redeveloper for the costs of the Site Preparation, the Public Improvements Relocation in accordance with Section 3.2 by delivery of the Note shall, in addition to the documentation requirements outlined in that Section, be contingent upon the satisfaction by the Redeveloper of all of the following conditions precedent: (a) The Redeveloper shall be in material compliance with all of the terms and provisions of this Agreement, including but not limited to receiving the Authority's approval of the Construction Plans; (b) The Redeveloper shall be in compliance with all ordinances of the City. (c) The Redeveloper shall have delivered an executed Use Certificate for the Minimum Improvements. (d) The Authority shall have issued the Certificate of Completion. Section 3.4 Adjustment of Revenue Note Provided that the Redeveloper can, in accordance with this Article III, document expenditures for Site Preparation and /or Ahrens Acquisition Costs advances in the amount of at least Two Hundred Thousand and No /100 Dollars ($200,000), then the minimum principal amount of the Note shall be the sum of Two Hundred Thousand and No /100 Dollars ($200,000). This minimum amount shall be increased by the total Redeveloper advances for the Public Improvements Relocation, Lip to a maximum of an additional Two Hundred Fifty Thousand and No /100 Dollars ($250,000). Accordingly, the maximum amount of the Note principal shall not exceed Four Hundred Fifty and No /100 Thousand Dollars ($450,000). Interest on the Note shall commence on the date of the Certificate of Completion. Section 3.5 Acquisition of the Current Ahrens Site (a) If the Redeveloper is unable to acquire the Current Ahrens Site in a timeframe that is, in the Redeveloper's reasonable discretion, satisfactory to allow for the commencement of construction as provided in Article IV of this Agreement, then the Authority, subject to the provisions of this Article III, agrees to acquire the Current Ahrens Site through the exercise of eminent domain (including the use of quick take) and to thereafter convey the Current Ahrens Site to the Redeveloper. 13 (b) Provided that the Redeveloper is in material compliance with the terms of this Agreement, the Authority shall, within thirty (30) days of receipt of all of the following items from the Redeveloper, institute eminent domain proceedings with respect to the Current Ahrens Site: (1) A written statement certifying that the Redeveloper's efforts to acquire the parcel have been unsuccessful; (ii) A $25,000.00 cash deposit (the "Initial Deposit "); (iii) Evidence that the financing arrangements which the Redeveloper has obtained, or will obtain, to finance the construction of the Minimum Improvements will be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated by this Agreement; (iv) A Phase I environmental report for the Redevelopment Property or any portion thereof, if available; and (v) Any title work in the Redeveloper's possession. (c) T he Redeveloper acknowledges that any exercise of eminent domain powers by the Authority pursuant to this Article III must include compliance with any applicable relocation requirements under federal and /or State law and that the Authority would negotiate and make any necessary relocation payments in connection with its acquisition of the Current Ahrens Site. The Redeveloper further acknowledges that such costs are a part of the Ahrens Acquisition Costs and that compliance with these requirements may delay acquisition of the Current Ahrens Site. (d) The Redeveloper additionally acknowledges that, because of the many variables inherent in any litigation or legal proceeding, the Authority does not represent or warrant in any way the successful conclusion of any eminent domain action (by a quick take action or otherwise) or the accomplishment of any particular result or timetable. (e) Provided the conditions precedent outlined in this Article III are met, the Authority shall institute proceedings through its legal counsel and shall have the sole discretion to structure the proceedings as it sees fit. (f) The Authority shall not be liable to the Redeveloper or to any third party for any consequential or other damages that may arise out of delays of any kind relating to activities undertaken pursuant to this Agreement, including but not limited to delays due to due to environmental conditions, court challenges or elements outside the control of the Authority. 14 (g) The Authority shall have no obligation to continue with proceedings under this Article III past the point at which the court permits an appraised value deposit unless the Authority has received cash from the Redeveloper equal to 120% of the Authority's estimate of the total Ahrens Acquisition Costs, less the amount of the Initial Deposit for that parcel. Any additional deposit made pursuant to this Subsection shall hereafter be referred to as a "Valuation Deposit." (h) If the Authority undertakes proceedings to acquire title to the Current Ahrens Site and is not successful then this Agreement shall, subject to the provisions of Article IX of this Agreement, terminate and the following shall occur: (i} The Authority shall be entitled to keep that portion of the Initial Deposit and, if necessary, the Valuation Deposit equal to the Ahrens Acquisition Costs actually incurred; and (ii) The Authority shall return any remaining balance from the combined Initial Deposit and any Valuation Deposit to the Redeveloper unless the Ahrens Acquisition Costs actually incurred up to that time exceed the combined sum of the Initial Deposit and any Valuation Deposit, in which case the Redeveloper shall pay to the Authority the difference between the Ahrens Acquisition Costs actually incurred and the combined sum of the Initial Deposit and any Valuation Deposit. Section 3.6 Transfer of the Current Ahrens Site. If the Authority is successful in acquiring fee title to the Current Ahrens Site then, subject to the terms outlined below, the Authority agrees to sell that land to the Redeveloper and the Redeveloper agrees to purchase that land from the Authority. Section 3.7 Transfer Terms. (a) Purchase Price, Time of Conveyance The Authority shall, subject to Unavoidable Delays, promptly convey to the Redeveloper the Current Ahrens Site (if acquired in fee by the Authority) once the following conditions have been satisfied: (i) The Redeveloper shall be in compliance with all material terms and conditions of this Agreement; (ii) The Authority shall have approved the Construction Plans; 15 (iii) If requested by the Authority, the Redeveloper shall have delivered proof of the insurance required by Article VII of this Agreement; (iv) Environmental clearances, to the extent required, shall have been delivered by the Redeveloper; (v) If requested by the Authority, the Redeveloper shall have delivered to the Authority an affidavit stating that as of the closing date there are no outstanding and unsatisfied judgments, tax liens or bankruptcies against or involving the Redeveloper or the Navarre Property; (vi) The Redeveloper shall have paid to the Authority all of the Ahrens Acquisition Costs incurred to date; (vii) The Redeveloper shall have paid a purchase price of One Dollar (S 1.00); (viii) The Redeveloper shall have paid all outstanding taxes, assessments, recording and other outstanding miscellaneous costs relating to the Current Ahrens Site; (ix) The Redeveloper shall have delivered to the Authority a certificate of real estate value; and (x) If requested by the Authority, the Redeveloper shall have delivered a certificate of good standing for the Redeveloper from the State's Secretary of State Office. If the combined sum of the Initial Deposit and the Valuation Deposit exceed the Ahrens Acquisition Costs, then at the closing the Authority shall refund the unused amount. (b) Terms of Conveyance Transfer shall be by way of a quit claim deed in the form of deed contained in Schedule B of this Agreement, which deed shall be accompanied by any other documents reasonably required to be delivered by the Authority as a condemning entity. The Authority shall also provide at closing an affidavit, in form and content reasonably satisfactory to the Redeveloper, stating that the Authority is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. In addition the Authority shall provide at closing a seller's affidavit in customary form, except that the Authority shall have no obligation to provide any statements regarding title matters. The closing shall take place at a time mutually agreeable to the Parties and shall take place at the offices of the Authority unless the Parties mutually agree in writing that a closing shall take place at another location. 16 (c) Possession The Authority shall deliver possession to the Current Ahrens Site (if acquired by the Authority in fee) as of the date and time of closing. (d) Taxes /Fees The Redeveloper shall pay the following with respect to the Current Ahrens Site: (i) all real estate taxes, including but not limited to those due and payable prior to the year of closing; (ii) all special assessments, including but not limited to those pending or levied as of the closing date; (iii) any other governmental impact fee relating to the parcel, including but not limited to those due and payable prior to the year of closing; and (iv) the closing fee for the transaction. (e) Recording The Redeveloper shall promptly record the Current Ahrens Site Deed after closing and shall pay all costs related to recording, including but not limited to State deed tax, lot splits, restrictive covenants, easements /reciprocal easements, and any documents necessary or desirable to clear title concerns. (f) Title Evidence The Redeveloper acknowledges that the Authority has no obligation to order or otherwise procure title evidence for the Current Ahrens Site, has no obligation to update any such evidence it may have or which may come into its possession. (g) " Is" Acquisition In recognition of the Authority's role as a potential land assembler and the significant economic contributions that the Authority will make to the redevelopment contemplated by this Agreement if it acquires and conveys the Current Ahrens Site, the Redeveloper shall take the conveyance of the Current Ahrens Site on an "AS IS" "WHERE IS" basis, with all faults and defects and without any warranties, express or implied, including but not limited to warranties as to title. The Redeveloper explicitly waives any and all claims against the Authority, the City, and their respective governing body members, officers, agents (including independent contractors, consultants and legal counsel), servants and employees for indemnification, contribution, reimbursement or other payments arising under federal or State law or common law and relating to environmental or any other condition of the Current Ahrens Property; provided that this waiver shall not apply to any willful misrepresentation or willful or wanton misconduct relating to the representations made by the Authority in Section 2.1 of this Agreement. 17 (h) Acquisition Cost Adjustment The Parties aclalowledge that the Alu ens Acquisition Costs cannot be definitively determined until the Final Award Date. Consequently, if on the Final Award Date the Ahrens Acquisition Costs exceed the amount paid to date by the Redeveloper at closing, the Redeveloper shall pay the Authority the balance of the purchase price within ten (10) days of written notice from the Authority of the final determination of Ahrens Acquisition Costs. The provisions of this Subsection 3.7 (h) shall survive the termination of this Agreement. Section 3.8 Public Improvements Relocation Work If the Redeveloper acquires fee title to the Current Ahrens Site by purchase of the land from the owner or by a quit claim deed from the Authority, the Redeveloper agrees that all site design and construction work for the Public Improvements Relocation will be performed by the City, at the Authority's direction, as follows: (i) The Authority will coordinate with the City to provide for completion of this work in a timely manner, subject to Unavoidable Delays. The Authority acknowledges that the City has granted the Redeveloper the right to proceed with the Minimum Improvements prior to the City's completion of the Public Improvements. (ii) The Authority shall be under no obligation to direct the City to begin this construction work until the Redeveloper has deposited with the Authority (to be remitted promptly to the City) a slue equal to one hundred ten percent (110 %) (the "Utilities Deposit ") of the City's reasonable estimate for the Public Improvements Relocation. (iii) Within ten (10) days of the City's completion and acceptance of the Public Improvements Relocation, the Authority will refund to the Redeveloper any unused portion of the Utilities Deposit. In the event that the City's Public Improvements Relocation expenses exceed the Utilities Deposit, the Authority will notify the Redeveloper of that fact and the Redeveloper will have up to thirty (30) days to pay to the Authority (to be remitted promptly to the City) a sum equal to the difference between the actual Public Improvements Relocation and the Utilities Deposit. 18 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will at its sole cost construct the Site Preparation and the Minimum Improvements in accordance with Construction Plans approved by the Authority and by the City. The Redeveloper will commence construction of the Minimum Improvements no later than April 1, 2003; provided that if eminent domain proceedings are instituted and prevent a closing within a time sufficient to accommodate this start date, then the commencement date shall be.extended to no later than thirty (30) days after the Authority has conveyed the Current Ahrens Site to the Redeveloper. The Redeveloper shall pay for all environmental remediation, site preparation (including but not limited to soil correction and utilities relocation), PUD and other development costs for the Redevelopment Project. In the event environmental remediation is required on any portion of the Redevelopment Property, the Authority will on behalf of the Redeveloper diligently pursue any eligible programs for reimbursement of such expenses. Section 4.2. Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall achieve substantial completion of the Minimum Improvements within eighteen (18) months of the start of construction. Once the Redeveloper has acquired the Current Ahrens Site, the Redeveloper agrees for itself, its successors and assigns, and every successor in interest to that property, or to any part thereof, that the Redeveloper, and such successors and assigns, shall diligently proceed to completion the development of the Minimum Improvements, and that such construction shall in any event be completed within the corresponding period specified in this Section 4.2. Section 4.3. Certificate of Completion. (a) Promptly after notification from the Redeveloper that substantial completion of the Minimum Improvements has occurred in accordance with the provisions of this Agreement relating thereto (including but not limited to the date for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion. Such certification by the Authority shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and with respect to the obligations as to the date for the completion thereof. I&I (b) If the Authority shall refuse or fail to provide the Certificate of Completion, the Authority shall within ten (10) days after receipt of written request by the Redeveloper provide the Redeveloper with a written statement indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the applicable provisions of this Agreement, or is otherwise in default, and what measures or acts the Authority believes will be necessary, in the Authority's reasonable discretion, for the Redeveloper to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be substantially complete when the Redeveloper has received an occupancy permit from the City's building inspector, without any conditions, for that building or when such occupancy certificate has been issued with conditions that have been approved by the Authority (whose approval shall not be unreasonably withheld, conditioned or delayed). Im ARTICLE V Events of Default Section 5.1. Events of Default Defined. The following shall be `Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (a) Failure by the Redeveloper to timely pay all ad valorem real property taxes assessed with respect to all portions of the Redevelopment Property to which it holds title. (b) Failure by the Redeveloper to complete the Minimum Improvements, or any material portion thereof, pursuant to the terms, conditions and limitations of this Agreement. (c) The holder of any Mortgage on the Redevelopment Property, any improvements thereon, or any portion thereof commences foreclosure proceedings and such proceedings proceed to a sale as a result of any default under the applicable Mortgage documents. (d) Failure by the Redeveloper to substantially observe or perform any other material covenant, condition, obligation or agreement on the Redeveloper's part to be observed or performed under this Agreement. (e) If the Redeveloper shall: (A) File any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as may be amended from time to time, or under any similar federal law or similar law of any state of the United States or similar law of any other country; or (B) Make an assignment for the benefit of its creditors, or (C) Admit in writing its inability to pay its debts generally as they become due; or (D) Be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Redeveloper as bankrupt or proposing its reorganization under any present or future federal bankruptcy act or any similar federal law or similar law of any state of the United States or similar law of any other country shall be filed in any court and such petition or answer shall not be discharged or denied 21 within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Redeveloper, or of the Redevelopment Project while Redeveloper is in title thereto, or of any part of the Redevelopment Project while Redeveloper is in title thereto, shall be appointed in any proceeding brought against the Redeveloper, and shall not be discharged within ninety (90) days after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. Section 5.2. Remedies on Default. Whenever any Event of Default referred to in Section 5.1 of this Agreement occurs and is continuing, the Authority, as specified below, may take any one or more of the following actions after providing notice (in the manner required under Article X of this Agreement) of at least thirty (30) days to the Redeveloper, but only if the Event of Default has not been cured within said thirty (30) days or if the Redeveloper is not making its best efforts to cure a default which cannot be cured within thirty (30) days: (a) The Authority may suspend its performance under this Agreement until it receives assurances from the Redeveloper, deemed adequate by the Authority in its reasonable discretion, that the Redeveloper will cure the default and continue performance under this Agreement; (b) The Authority may cancel and rescind this Agreement; (c) The Authority may withhold the Certificate of Completion. Section 5.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Redeveloper In the event that subsequent to the conveyance of the Current Ahrens Site by the Authority to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: (a) subject to Unavoidable Delays, the Redeveloper fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the initiation and completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, remedied or assurances reasonably satisfactory to the Authority made within sixty (60) days after written demand from the Authority to the Redeveloper to do so; or (b) there is, in violation of Article VI of this Agreement, any transfer of the Current Ahrens Site, or any part thereof, and such violation shall not be cured within sixty (60) days after written demand by the Authority to the Redeveloper; 22 Then the Authority shall have the right to re -enter and take possession of the Current Ahrens Site and to terminate (and revert in the Authority) the estate conveyed by the Current Ahrens Site Deed, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Current Ahrens Site by the Authority to the Redeveloper shall be made upon, and that the Current Ahrens Site Deed shall contain a condition subsequent to the effect that, the understanding that in the event of any default on the part of the Redeveloper and failure on the part of the Redeveloper to remedy, end, or abrogate such default within the period and in the manner stated in this Agreement, the Authority at its option may declare a termination in favor of the Authority of the title and of all the rights and interests in and to the Current Ahrens Site conveyed to the Redeveloper, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Current Ahrens Site, shall revert to the Authority, but only if all applicable events stated in Subsection 5.3.(a) -(c) have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this Section 5.3, the Authority shall have no right to re -enter or retake title to and possession of the Current Ahrens Site once (1) the Certificate of Completion has been issued, or (ii) a binding construction contract has been executed for the construction of the Minimum Improvements and construction actually conunences within 90 days of its execution or (iii) if the Authority has subordinated its rights to the Holder of a Mortgage as provided for in Section 10 of this Agreement. Section 5.4. Resale of Reacquired Property; Disposition of Proceeds and Earnest Money Upon the revesting in the Authority of title to the Current Ahrens Site as provided in Section 5.3 of this Agreement, the Authority shall have no further responsibility to the Redeveloper or to any third party with respect to the Current Ahrens Site, and the Authority may sell or otherwise devote the Current Ahrens Site to such other uses as the Authority shall, in its sole discretion, detennine and the Authority shall in no way be obligated to reimburse the Redeveloper or any third party for any sums paid with respect to the Current Ahrens Site. Section 5.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to a Party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 5.6. No Implied Waiver. In the event any provision or term contained in this Agreement should be breached by any Party and thereafter waived by any other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 23 Section 5.7. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or perfonnance or observance of any obligation or agreement on the part of the Redeveloper herein contained, the Redeveloper agrees that it shall, on demand therefore, pay to the Authority the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Authority. 24 ARTICLE VI Prohibitions Against Assignment and Transfer Section 6.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its acquisition of the Current Ahrens Site, and all of its other undertakings pursuant to this Agreement, are and will be used for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the Authority, and (b) the substantial financing that has been made available by the Authority for the purpose of making such redevelopment possible, the qualifications and identity of the Redeveloper are of particular concern to the Authority. The Redeveloper further recognizes that it is because of such qualifications and identity that the Authority is entering into this Agreement with the Redeveloper, and, in so doing, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 6.2. Prohibition Against Transfer of Property and Assignment of Agreement. Also for the foregoing reasons, the Redeveloper represents and agrees that prior to the date of the Certificate of Completion as provided in Section 4.3, except for the purpose of obtaining financing necessary to enable the Redeveloper to perform its obligations with respect to construction of the Minimum Improvements, and any other purpose authorized by this Agreement, the Redeveloper has'not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any other mode or form of or with respect to the Redevelopment Property, or any part thereof or any interest therein, or any contract or agreement (oral or written) to do any of the same, without the prior written approval of the Authority which shall not be unreasonably withheld, conditioned or delayed; provided that no Authority approval shall be required where the Redeveloper remains liable and bound by the terms of this Agreement. Any such transfer of interest shall be subject to all provisions of this Agreement. Notwithstanding the foregoing language, the Redeveloper may transfer its interests under this Agreement to any corporation, partnership or entity controlling, controlled by, or under common control with the Redeveloper. 25 ARTICLE VII Insurance and Condemnation Section 7.1. Insurance (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on: (1) builder's risk insurance, written on the so- called `Builder's Risk -- Completed Value Basis," in an amount equal - to one hundred percent (100 %) of the insurable value (as of the date of completion) of the Minimum Improvements, and with coverage available in non- reporting form on the so- called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content reasonably satisfactory to the Authority; (ii) comprehensive general liability insurance together with an owner's contractor's policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) workers' compensation insurance, with statutory coverage. (b) Upon completion of the Minimum Improvements, and until the Termination Date, the Redeveloper shall maintain, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (1) Insurance against loss and /or damage to the Redevelopment Project under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the frill insurable replacement value of such improvements, but any such policy may have a deductible amount of not more than $25,000.00. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co- insurance provisions or otherwise, without the prior consent thereto in writing by the Authority. The term "full insurable replacement value" shall mean. the actual 26 replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment and may be determined from time to time at the request of the Authority, but not more frequently than once every five (5) years, by an insurance consultant or insurer, selected and paid for and approved by the Authority. All policies evidencing insurance required by this Subsection (b)(i) with respect to the Redevelopment Project shall be carded in the names of the Redeveloper and the mortgagee of the Redeveloper, as their respective interests may appear. (ii) The Authority, the Redeveloper and the Redeveloper's mortgagee shall jointly agree on the amount of settlement. (c) All insurance required by this Article VII shall be taken out and maintained in responsible insurance companies selected by the Redeveloper, which companies shall be authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article VII, each policy shall contain a provision that the insurer shall not cancel nor modify the policy without giving written notice to both the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any required policy, the Redeveloper shall furnish the Authority evidence satisfactory to the Authority that the required policy has been renewed or replaced by another policy conforming to the provisions of this Article VII, or that there is no necessity for such renewal or replacement under the terms of this Agreement. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000.00 in amount to, or destruction of, the Redevelopment Project or any portion thereof, whether any such damage or destruction results from fire, tornado or other type of casualty. 27 Section 72. Condemnation If title to and possession of the Redevelopment Property, or any material part thereof, shall be taken in condemnation or by the exercise of the power of eminent domain or deed in lieu of conderrization, by any governmental body or other person (except the Authority or the City) prior to the Termination Date, then the Redeveloper shall, with reasonable promptness after such taking, notify the Authority as to the nature and extent of such taking. 28 ARTICLE VIII Taxes and Pledge of Increment Section 8.1. Real Property Taxes. (a) The Redeveloper shall pay when due, prior to the attachment of penalty all real property taxes payable with respect to the Navarre Property or portion thereof, and, once acquired by the Redeveloper, all such taxes payable with respect to the Current Ahrens Site, or portion thereof, in all cases whether improved or unimproved, until the Termination Date; provided that such obligation shall end if the Authority has released the Redeveloper in writing from such obligation in connection with an approved transfer of that site as allowed by this Agreement or if this Agreement is terminated due to Authority default which is not timely cured. (b) The Redeveloper agrees that, until the Termination Date, it will not take any of the following actions with respect to the Redevelopment Project, or any portion thereof, to the extent that such actions would result in reduced assessed valuation of the property (or portion thereof: (1) seek administrative review or judicial review of the applicability of any property tax statute determined by any tax official to be applicable to the property (or portion thereof) or raise the inapplicability of any such property tax statute as a defense in any proceedings, including delinquent tax proceedings; (ii) seek administrative review or judicial review of the constitutionality of any property tax statute determined by any tax official to be applicable to the property (or portion thereof) or raise the unconstitutionality of any such property tax statute as a defense in any proceedings, including delinquent tax proceedings; (iii) cause a reduction in the assessed market value of the property (or portion thereof) through: (A) willful destruction; (B) willful refusal to reconstruct or repair as required by Article VII of this Agreement; (C) a request to an assessor of the City or an assessor of the County to reduce the assessed market value; (D) a petition to the board of equalization of the City or the board of equalization of the County or a similar governing body to reduce assessed market value; (E) a petition to the board of equalization of the State or similar governing body or to the State's Commissioner of Revenue or his or her agency to reduce the assessed market value; (F) an action in a District Court of the State or the Tax Court of the State pursuant to Minnesota Statutes Chapter 278, as may be amended from time to time, or pursuant to any similar State or federal law, seeking a reduction in assessed market value; (G) an application to the State's Commissioner of Revenue or his or her agency requesting an abatement of real property taxes pursuant to Minnesota Statutes Chapter 270, as may be amended from time to time, or pursuant to any similar State or federal law; (H) any other proceedings, whether administrative, legal or equitable, with any administrative body within the City, the County, or the State or with any court of the State or with any body of the federal government or with any federal court; and/or (I) an application for a deferral of property tax pursuant to Minnesota Statutes Section 469.181, as may be amended from time to time, or pursuant to any similar State or federal law. 29 Section 8.2. Tax Increment Pledge Until the Tern Date, the Authority shall pledge the Available Tax Increment to payment of the Note until the earlier of. (1) payment of the principal and interest in full, or (ii) August 1, 2011. 30 ARTICLE IX Ita-dwasol". word Section 9.1. Termination Either Party may terminate this Agreement as provided herein, and otherwise this Agreement shall terminate upon its Termination Date and the discharge of all of the Parties' other respective obligations hereunder, but no such termination shall terminate any indemnification or other rights or remedies arising hereunder due to any Event of Default which occurred and was continuing prior to such termination. Section 9.2. Effect of Termination Upon a termination of this Agreement pursuant to this Article IX, this Agreement shall be null and void and neither Party shall have any further obligations or liabilities hereunder except as specifically stated in this Agreement. Upon such termination the Redeveloper and the Authority shall deliver to each other such documents as may be necessary to evidence the termination of this Agreement. 31 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests. No member, official, or employee of the Authority shall Have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the 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. Section 10.2. Restrictions on Use. The Redeveloper shall not discriminate upon the basis of race, color, creed, sex, national origin or any other basis prohibited by federal or State law when selling, leasing, renting, using or occupying the Redevelopment Property, any portion thereof, any improvements erected or to be erected thereon, or any portion of such improvements. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication pursuant to this Agreement made by either Party to the other shall be deemed sufficiently given or delivered if such communication is dispatched by registered or certified mail, postage prepaid, return receipt requested, transmitted by facsimile (with confirmation of transmittal received), delivered by a recognized overnight courier, or delivered personally and: (a) in the case of the Redeveloper, is addressed to or delivered personally to the address in the first paragraph of this Agreement or such address as the Redeveloper will from time to time furnish to the Authority in writing. (b) in the case of the Authority, is addressed to or delivered personally to the address in the first paragraph of this Agreement or such address as the Authority will from time to time furnish to the Redeveloper in writing. Section 10.5. Indemnification of Authori 32 (a) The Redeveloper hereby releases the Authority, the City and the governing body members, officers, agents (including independent contractors), consultants, legal counsel, servants, and employees thereof (hereinafter, for purposes of this Agreement, collectively the " Indennified Parties ") from and agrees to indermlify and hold harmless the Indemnified Parties against any loss or damage to property (real or personal) or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements, or any portion thereof, or in the Redevelopment Property, or any portion thereof. The Redeveloper also hereby covenants and agrees that, with the exception of willful negligence of the Indemnified Parties, the Indemnified Parties shall not be personally liable for such losses or damages. (b) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Redeveloper agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising under this Agreement from the actions or inactions of the Redeveloper (or of other persons or entities acting on the Redeveloper's behalf or under the Redeveloper's direction or control), or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements or the Redevelopment Property, or any portion thereof, provided that this indemnification shall not apply to any warranties made or obligations undertaken by the Authority in this Agreement. (c) The Redeveloper hereby releases the Indemnified Parties from and agrees to indei mify and hold harmless the Indemnified Parties against any loss or damage directly or indirectly arising from failure of the Redeveloper to comply with the covenant recited in Section 2.2(1) of this Agreement. The Redeveloper also hereby covenants and agrees that the Indemnified Parties shall not be personally liable for such losses or damages. (d) All representations, covenants, stipulations, promises, agreements and other obligations whatsoever of the Authority contained herein shall be deemed to be the representations, covenants, stipulations, promises, agreements and other obligations of the Authority and not of any governing body member, officer, agent (including independent contractors), consultants, legal counsel, servant or employee of the Authority. Section 10.6. Counterparts This Agreement may be executed in any number of counterparts, each of which is binding on a Party upon that Party's execution and together which shall constitute one and the same instrument. Section 10.7. Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. 33 Section 10.8. Provisions Surviving Rescission or Expiration. Sections 5.5 and 10.5 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 10.9. Subordination of Authority's Rights Under the Agreement. (a) The Authority recognizes that the Redeveloper intends to finance the construction of the Redevelopment Project (the "Construction Loan ") and that in order to do so the construction lender (the "Lender ") may require a first priority Mortgage on the Redevelopment Property, or a portion thereof, which is prior to the Authority's rights under this Agreement. As a condition to such subordination, the Redeveloper agrees that in connection with the Construction Loan: (1) The Construction Loan proceeds will be used solely for the design, development, construction and financing of the Redevelopment Project; (ii) The Construction Loan proceeds will be disbursed by a title company pursuant to a construction loan and disbursing agreement or similar agreement among the Redeveloper, the Lender and the title company whereby the title company will coordinate the payment for all work which may give rise to mechanics' liens; (iii) The Authority shall have the right to review the Construction Loan documents to reasonably satisfy itself that sufficient fiends are or will be available to complete construction of the Redevelopment Project. (b) Upon the Redeveloper's performing the above conditions, the Authority agrees that any and all rights of the Authority under this Agreement shall be subordinate to the rights of the Lender, subject to the exceptions set forth in Subsection 10.10(c) of this Agreement. The Authority further agrees that at the time of closing of the Construction Loan, it will enter into subordination agreements, in form and content reasonably acceptable to Lender, from time to time in accordance with this Section 10.10. (c) The following shall be exceptions to the Authority's obligation to subordinate its rights under Subsection 10.10(b) of this Agreement: (i) Article IX (ii) Article VIII (iii) Section 2.2(o) (iv) Section 2.2(n) (v) Section 2.2(m) 34 (vi) Section 2.2(1) (vii) Section 2.2(k) (viii) Section 2.2(i) Section 10.10. Provisions Not Merged With Assignment None of the provisions of this Agreement are intended to or shall be merged by reason of any assignment transferring any interest in the Redevelopment Property, or a portion thereof, and any such assignment shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.11. No Third Party Beneficiaries There shall be no third -party beneficiaries to this Agreement. More specifically, the Authority enters into this Agreement, and the City agrees to facilitate this Agreement, with the intent that the consummation of the Authority and City obligations contemplated hereby shall be for the sole and exclusive benefit of the Redeveloper, and notwithstanding the fact that any other "person" may ultimately participate in or have an interest in the Redevelopment Project, or any portion thereof, neither the Authority nor the City intends that any parry other than the Redeveloper shall have, as alleged third party beneficiary or otherwise, any rights or interests hereunder as against the Authority or the City, and no such other parry shall have standing to complain of the Authority's and/or City's exercise of, or alleged failure to exercise, rights and obligations under this Agreement and/or to complain of the Authority's or City's performance or alleged lack thereof under this Agreement. IN WITNESS WHEREOF, the Authority and the Redeveloper have each caused this Agreement to be duly executed in its own name and behalf, intending to be bound thereby, as of the date first above written. [The Balance of this Page is Intentionally Left Blank] 35 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) BY Its Pre ident C And by Its Executive Director Date: '�1 �� 1 Cll( 2� 1 f3 2(63 �.I On this day of _ 2003 before me a Notary Public personally appeared and j)a1we1 TT, /'jdd t7te to me personally known and who by me duly sworn did say that they are the President and Executive Director of the New Hope Economic Development Authority, and acknowledged the foregoing instrument on behalf of said Authority. T Y R VALERIE J. LEONE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan 1 �� 5 L A 'L — A, I e- ��. Notary Public Authority Signature Page - Redevelopment Contract 36 al By Its And Its STATE OF MINNESOTA ) ss COUNTY OF r On this day of � uYV v'-- 2002, before me, a Notary Public, appeared GVtC 1��ta `6 and !Y S L 1 t' tome personally known and who by me duly sworn did state that they are the Pt ? &cLe y [ — and -- �y.�aDCL Vf y , respectively, of New Hope, LLC, a Minnesota limited liability company, and acknowledged the foregoing instrument on behalf of said company. It 1 0 S C E J9, B I, R K E 11 r,u T A5� rusL.ic - �,+it+r +ESOTa Notary Public �, CommFxpj,r sJan.31,2005 Redeveloper Signature Page - Redevelopment Contract 37 SCHEDULE A REDEVELOPMENT PROPERTY NAVARRE PROPERTY Parcel 1 — PID 08- 118 -21 -23 -0008 Outlot A, Five Thousand Winnetka 2" Addition, according to the recorded plat thereof, Hennepin County, Minnesota. That part of Outlot A, Five Thousand Winnetka 2 nd Addition, embraced with the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, is registered property as set out on Certificate of Title No. 811091. Parcel 2 — PID 08- 118 -21 -23 -0005 The South 300 feet of the West 160 feet of the SE 1 /4 of the NW 1 /4 Section 8, Township 118N, Range 21 W except street according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. CURRENT AHRENS SITE PID 08- 118 -21 -23 -0006 The East 145 feet of the South %4 of the Southwest 1 /4 of the Northwest 1 /4 of Section 8, Township 118, Range 21, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. 38 SCHEDULE B FORM OF CURRENT AHRENS SITE DEED DEED TAX DUE: $ DEED THIS INDENTURE, is made this day of , 2002, between the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "Grantor "), and New Hope, LLC, a limited liability company organized under the laws of the State of Minnesota (the "Grantee "). WITNES SETH, that Grantor, in consideration of the sure of One Dollar ($1.00) and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby convey and quit claim to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota described as follows: together with all hereditaments and appurtenances belonging thereto, subject to : (a) the Contract for Private Redevelopment by and between the Grantor and the Grantee dated as of 20_ (the "Contract "), and (b) all other matters of record. Grantor further states that: The Grantee has committed to construct certain improvements on said land in accordance with Section 4.1 of the Contract and the Grantor has a right of re -entry in accordance with Section 5.3 of the Contract. Title is conveyed hereby subject to the following conditions subsequent: In the event that Grantee defaults on its obligations in the Contract and fails to properly cure said default, Grantor may at its option declare a termination of all right, title and interest conveyed herein and all right, title and interest in the premises described in this Deed reverts to the Grantor. Upon the performance of Grantee's obligations in the Contract, including the completion of the improvements, the release of the right of re -entry and reverter shall be evidenced by the recording of the Certificate of Completion attached as Exhibit 1 to this Deed. The Grantor certifies that the Grantor does not know of any wells on the described real property. 39 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and its Executive Director on the day and year written above. NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By: Its: President And By: Its: Executive Director STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) On this day of , 2002 before me, a Notary Public, personally appeared and to me personally known and who by me duly sworn did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public This instrument was drafted by: Krass Monroe, P.A. (JRC) Suite 1100 Southpoint Office Center 1650 West 82nd Street Minneapolis, MN 55431 (952) 885 -5999 Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): 7400-49 Avenue North New Hope, MN 55428 Attn: John Turner, Sr. Vice President M1 EXHIBIT 1 To Deed [Certificate of Completion in Same Form as Schedule E attached to this Agreement] 41 SCHEDULE C NAVARRE PROPERTY LEGAL DESCRIPTION [To Be Provided by the Redeveloper] 42 SCHEDULED [RESERVED] 43 SCHEDULE E CERTIFICATE OF COMPLETION WHEREAS, the New Hope Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota (the "Grantor "), by a Deed recorded in the Office of the County Recorder and /or the Registrar of Titles in and for the County of Hennepin State of Minnesota, as Deed Document Number(s) (the "Deed "), has conveyed to New Hope, LLC, a limited liability company organized under the laws of the State of Minnesota (the "Grantee "), the following described land in County of Hennepin and State of Minnesota: WHEREAS, the Deed contained certain covenants, conditions and restrictions, the breach of which by the Grantee, its successors and assigns, would result in a forfeiture and right of re- entry by the Grantor, its successors and assigns, said covenants and restrictions being set forth in the Deed; and WHEREAS, the Grantee has performed said covenants, conditions and restrictions insofar as the Grantee is able and in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee pursuant to the Deed have been completed and /or caused by the Grantee and this is further to certify that the provisions for forfeiture of title and right to re -entry for breach of condition subsequent by the Grantor therein are hereby released absolutely and forever insofar as they apply to the land described in this certification, and the County Recorder and/or the Registrar of Titles in and for the County of Hennepin, State of Mi riesota is /are hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants, conditions and restrictions described in the Deed, and the corresponding covenants, conditions and restrictions appearing in the contract cited therein, and relating to the land described in this certification, the breach of which covenants, conditions and /or restrictions would have resulted in a forfeiture and right of re- entry; provided that it is hereby declared and agreed by the Grantor and the Grantee that any covenants, conditions and restrictions relating to relating to the taxes payable for the "Redevelopment Project," as that term is defined in the contract cited therein, shall remain in full force and effect until the termination of said contract. [The Remainder of This Page is Intentionally Left Blank] ,. Dated: 20 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By Its Chairman And by Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ) On this day of , 20_ before me, a Notary Public, personally appeared and , to me personally known and who by me duly sworn did say that they are the Chairman and Executive Director, respectively of the New Hope Development Authority, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public 45 SCHEDULEF [Reserved] .e SCHEDULE G PUBLIC IMPROVEMENTS RELOCATION Removal or Relocation of Sewer, Water, Gas, Electric or Other Public Utilities Street Work, including curb and gutter Reasonable Legal Expenses and Professional Services Expenses, as related to any above - listed costs or expenses for Public Improvements Relocation. SITE PREPARATION/ AHR.ENS ACQUISITION COSTS Geote chni cal/S oils Testing Grading and Soils Correction, including the import and export of soils Environmental Testing Pollution Abatement /Environmental Remediation Demolition of Improvements Removal of Trees and Demolition Debris Other Site Preparation, as reasonably necessary for construction of the Minimum Improvements Reasonable Legal Expenses and Professional Services Expenses, as related to any above- listed costs /expenses for Site Preparation.. Land Acquisition and Reasonable Legal Expenses /Professional Services Expenses, in the form of either (1) the Ahrens Acquisition Costs actually paid by the Redeveloper pursuant to this Agreement, or (ii) the amount paid by the Redeveloper in connection with acquisition of the Current Ahrens Site directly from a third party owner. In either case land acquisition costs can include, but need not be limited to, platting, survey work and title work. 47 SCHEDULE H FORM OF NOTE Dated: , 20_ $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY LIMITED REVENUE TAX INCREMENT NOTE The New Hope Economic Development Authority (the "Authority "), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of New Hope, LLC, a Minnesota limited liability company (the "Registered Owner "), or its registered assigns, solely from the source, to the extent and in the manner hereinafter provided, the principal amount of this Note, being [insert amount not to exceed $450,000.00] and No /100 Dollars ($ ) (the "Principal Amount "), together with interest thereon from [insert date of Certificate of Completion] at a rate of seven percent (7 %) per annum on the dates (the "Scheduled Payment Dates ") described below and in the amounts (the "Scheduled Payments ") described below. Scheduled Payments Dates shall be February 1" and August 1" of each year commencing [insert the later of: (i) the first August 1 after the date of the Certificate of Completion, or (ii) August 1, 2005, and continuing until August 1, 2011]. Upon 30 days' prior written notice from the Authority to the Registered Owner, the Principal Amount is subject to prepayment at the option of the Authority in whole or in part, without penalty, at any time. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Registered Owner and mailed to the Registered Owner at its postal address within the United States which shall be designated from time to time by the Registered Owner. This Note is a special and limited obligation and not a general obligation which been issued by the Authority pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes Section 469.178, Subdivision 4, to aid in financing a "project ", as therein defined, of the Authority consisting generally of defraying certain public redevelopment costs incurred and to be incurred by or on behalf of the Authority within and for the benefit of its Redevelopment Project No. 1 (the "Project Area "). THIS NOTE IS NOT A GENERAL OBLIGATION OF THE AUTHORITY OR THE CITY OF NEW HOPE, MINNESOTA (THE "CITY ") OR THE STATE OF MINNESOTA (THE "STATE "), AND NEITHER THE CITY, THE AUTHORITY, THE STATE NOR ANY POLITICAL SUBDIVISION OF ANY OF THESE ENTITIES SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. A Scheduled Payment on this Revenue Note due on any Scheduled Payment Date is payable solely from and only to the extent that the Authority shall have received, as of such Scheduled Payment Date, "Available Tax Increment" which is defined in the Contract for Private Redevelopment between the Authority and the Registered Owner dated as of , 2002 (the "Agreement ") as tax increment received by the Authority as of a Scheduled Payment Date and with respect to the Redevelopment Project, including improvements thereto, as defined in the Agreement and as described Exhibit 1 attached to and made a part hereof, which non- contiguous real property is located within the Authority's Tax Increment Financing District No. 02 -1. The Authority shall pay the Available Tax Increment to the Registered Owner on each Scheduled Payment Date. On August 1, 2011, the maturity date of this Note, any unpaid portion shall be deemed to have been paid in full. This Note shall not be payable from or constitute a charge upon any funds of the Authority, and the Authority shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Authority makes no representations or covenants, express or implied, that the revenues described herein will be sufficient to pay, in whole or in part, the amounts which are or may otherwise become due and payable hereunder. The Authority's payment obligations hereunder shall be further conditioned on the fact that there shall not at the time of payment have occurred and be continuing an "Event of Default ", as defined in the Agreement, and, further, if pursuant to the occurrence of an Event of Default the Authority elects to terminate the Agreement, then the Authority shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to the provisions of the Agreement for a fuller statement of the obligations of the Redeveloper and of the rights of the Authority thereunder, and said provisions of the Agreement are hereby incorporated by reference EVA into this Note to the same extent as if they were set out in full herein. The execution and delivery of this Note by the Authority, and the acceptance thereof by the Redeveloper, as the initial Registered Owner hereof, shall conclusively establish this Note as the "Note" required from the Authority under the Agreement. The Registered Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority, or of any other public body, and neither the Authority nor any director, commissioner, council member, board member, officer, employee or agent of the Authority, nor any person executing or registering this Note, shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law. This Note may be assigned, but upon such assignment the assignor shall promptly notify the Executive Director of the Authority at the offices of the Authority, by registered or certified mail, and the assignee shall surrender this Note to the Authority either: (i) in exchange for a new fully registered note or (ii) for transfer of this Note on the registration records for the Note then maintained by the Authority. Each such assignee shall take this Note subject to the foregoing condition and also subject to all provisions stated or referenced herein. The Authority has elected to issue this Note as a non -tax exempt obligation and accordingly does not anticipate that the interest on this Note is or will be generally exempt from federal or state income taxes, and the Authority makes no representation or covenant with respect to any such exemption. IN WITNESS WHEREOF, the Authority has caused this Note to be executed by the manual signatures of its Chairman and Executive Director and has caused this Note to be dated ,20 Chairman Executive Director This instrument was drafted by: Krass Monroe, P.A. Suite 1100 Southpoint Office Center 1650 West 82 Street Bloomington, Minnesota 55431 (952) 885 -5999 50 CERTIFICATE OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on , 20 , was on said date registered in the name of , a Minnesota , and that, at the request of said Registered Owner of this Note, the undersigned has this day registered this Note as to principal and interest on the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. Name of Date of Signature of Registered Owner Registration Executive Director , 20 51 EXHIBIT 1 TO NOTE REDEVELOPMENT PROJECT LEGAL DESCRIPTION [Descriptions of Navarre Property and Current Ahrens Site to be Inserted] 52 SCHEDULEI USE CERTIFICATE [To Be Provided by Authority — criteria will include a pledge that on the Redevelopment Property no more than 15% of the buildings on the site will be used for purposes other than: (1) the manufacturing or production of tangible personal property, including processing resulting in the change in condition of the property; (2) warehousing, storage, and distribution of tangible personal property, excluding retail sales; (3) research and development related to the activities listed in clause (1) or (2); (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities; (6) qualified border retail facilities, or (7) space necessary for and related to the activities listed in clauses (1) to (6)] G: \WPDATA \N \NEW HOPE \08 \DOC \REDEVELOPMENT CONTRACT 12 -23 -02 CLEAN.DOC 53 EDA SUBORDINATION AGREEMENT THIS EDA S BORDINATION AGREEMENT ( "Agreement ") made and entered into this - clay of �(f +U11 -- , 2003, by and between the New Hope Economic Development Authority, New Hope, Minnesota, a public body corporate and politic of the State of Minnesota (the "Agency'), and The Business Bank, a Minnesota corporation ("Mortgagee "). RECITALS A. The Agency and New Hope, LLC, a Minnesota limited liability company, have heretofore entered into a certain Contract for Private Redevelopment dated November 12, 2002, (the "Contract ") the interest of New Hope, LLC thereunder having been assigned to and assumed by Navarre Corporation, a Minnesota corporation ( "Company') pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003, relating to the development of certain real property situated in the County of Hennepin, State of Minnesota, pursuant to which the Agency has agreed to provide assistance in the redevelopment of the Redevelopment Property (as defined below) the financing of certain costs of the redevelopment project with tax increment revenues derived from a tax increment financing district established with the redevelopment project. B. As defined in the Contract, the "Redevelopment Property' is legally described in Exhibit A attached hereto, (said property is also referred to as the "Premises "). C. In order to provide funds for the construction and installation of certain improvements thereon (collectively the "Project "), the Mortgagee has agreed to make a loan to the Company pursuant to that certain Promissory Note dated October , 2003 in the amount of Four Million Five Hundred Fifty Thousand and 00!100 Dollars ($4,550,000.00) and payable to the order of the Mortgagee ( "Note ") and will loan the proceeds of said Note pursuant to a Construction Loan Agreement dated October , 2003 (the "Loan Agreement "). D. To secure its obligations under the Note, the Company is executing and delivering to the Mortgagee a Mortgage and Security Agreement and Fixture Financing Statement ( "Mortgage "); with an Assignment of Rents and Leases each dated October — 2003. E. The Note, the Mortgage, the Loan Agreement and the Assignment of Rents and Leases are hereinafter collectively referred to as the "Loan Documents ". F. The Company's development of the Premises is subject to the covenants, conditions, restrictions, and provisions of the Contract, certain provisions of which are or may be in conflict with the provisions of the Loan Documents and this Agreement is being entered into for the purpose of resolving such conflicts. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. The Agency certifies that as of the date of this Agreement no default exists under the terms of the Contract. 2. Subject to the provisions of Paragraphs 7 and 8 herein, the Agency hereby subordinates in all respects to the Loan Documents, and the interest of the Mortgagee, thereunder, and to the liens thereof, any and all right, title or interest the Agency has, may have or may hereafter acquire in the Premises, the Project or any insurance proceeds or condemnation awards with respect thereto, and including without limitation any rights of reversion, reentry or forfeiture of the Premises available to the Agency, which are in all respects subordinate to the Loan Documents and the liens created thereby notwithstanding the order of recording, date of execution and delivery, order of performance or any other priority requirements which may otherwise exist. 3. The Agency acknowledges receipt of copies of the Loan Documents and further acknowledges that this Subordination Agreement, the Loan Documents and the loan evidenced thereby are each hereby authorized and approved under the terms of the Contract. 4. The Agency hereby agrees that all rights of the Agency to approve or disapprove changes to the Construction Plans for the Project or any amendments thereto are set forth in the Contract. 5. If a default or Event of Default occurs under the Loan Documents, the Mortgagee will give the Agency written notice thereof, and the Agency shall have the right but not the obligation to cure said default or Event of Default provided said cure is performed or effected by the Agency within thirty (30) days following said notice. The Mortgagee will accept any such performance or cure by the Agency. Nothing contained in this paragraph shall be deemed to prevent the Mortgagee from commenciMg foreclosure proceedings or pursuing any other remedy it may have under the Loan Documents, or otherwise, prior to the expiration of such period so long as a foreclosure sale is not held during such period. If, following the occurrence of any default or Event of Default under the Loan. Documents, and upon the failure on the part of the Agency to exercise its rights described in Paragraph 5 above to cure said default or Event of Default, the Mortgagee forecloses by action or advertisement or accepts a Deed in Lieu of Foreclosure to the Premises or the Project from the Company, the Agency agrees that upon recording of such Sheriff's Certificate or Deed in Lieu of Foreclosure, all right, title and interest of the Agency in or to the Premises and the Project under the Contract or the Agency Deed, including, but not limited to, the Agency's rights to reversion of title and reentry as provided therein, shall -2- automatically terminate and be null and void and of no further force or effect, and, at the Mortgagee's request the Agency will deliver, within ten (10) working days, to the Mortgagee a Quit Claim Deed covering the Premises and the Project. This Paragraph 6 is subject to the provisions of Paragraphs 7 and 8 herein. 7. In the event that, after receipt of a notice of default by the Company under the Contract, the Mortgagee (or any successor in interest to the Mortgagee) elects within a reasonable time to exercise any rights under the Contract to cure or remedy any breach or default by the Company under the Contract, with respect to construction of the Minimum Improvements (as defined in the Contract), then such exercise of rights or cure or remedy shall be in accordance with the terms of the Contract. Nothing herein shall be construed to create any obligation of the Mortgagee to perform under the contract or to cure or remedy any default of the Company under the Contract. 8. In the event that the Mortgagee exercises its right under Paragraph 7 to cure or remedy defaults and is diligently proceeding to do so, the Agency will not exercise its right to re- enter and take title to and possession of the Premises; provided, however that in the event that the Minimum Improvements or other improvements reasonably satisfactory to the Agency are not completed within one year from the date the Mortgagee acquires title to the Project and Premises, the Agency shall, notwithstanding a foreclosure of the Mortgage, have the rights set forth in the Contract and the Agency Deed to re -enter and take title to and possession of the Premises pursuant to the Contract and the Agency Deed, by paying to the Mortgagee the principal amount and accrued interest on the Note as if they were outstanding plus costs and expenses of the Loan Agreement and amounts due under Mortgage as if they were outstanding. The provisions of this Paragraph 8 relating to the right to re -enter shall become null and void and of no further effect upon delivery by the Agency to the Company or the Mortgagee of the Certificate of Completion (as defined in the Contract) or upon filing by the Agency of a similar certificate if improvements other than the Minimum Improvements are constructed. Nothing contained in this Paragraph 8 shall be construed to release the Company from its obligation to construct the Minimum Improvements as required by the Contract. 9. The Agency agrees that under any circumstances wherein the Premises may revest in the Agency such revesting shall be expressly subject and subordinate to the provisions of the Loan Documents and the lien of Mortgage. 10. The Agency represents to the Mortgagee as follows: a. The making, delivery and performance of this Agreement have been duly authorized by all necessary action and this Agreement, when executed, shall be the legal, valid and binding obligations of the Agency, enforceable in accordance with its terms; b. The Project is permitted by, and if completed in accordance with the Construction Plans submitted to and approved by the Agency under the Contract, will be consistent with the Redevelopment Plan (as defined in the Contract) and will, to the knowledge of the Agency, comply with all applicable zoning ordinances; -3- C. To the knowledge of the Agency, the Redevelopment Plan (as defined in the Contract) complies with all applicable environmental laws and regulations; and d. The making, delivery and performance of the Contract have been duly authorized by the Agency and is the legal, valid and binding obligation of the Agency. 11. Notwithstanding anything to the contrar f contained herein, the terms and provisions of the exceptions to subordination set forth in Section 10.10(c) of the Contract, and the rights of the Agency thereunder, shall be and remain prior and superior to the Loan Documents and shall survive a foreclosure of the Mortgage, and the Mortgagee, or any other person or entity which acquires title to the Premises as a result of a foreclosure sale or Deed in Lieu of Foreclosure shall take title to the Premises subject to the terms and provisions thereof 12. The Agency and the Mortgagee acknowledge that the Mortgagee is not a party to the Contract, and that this Subordination Agreement contains the entire agreement between the Agency and the Mortgagee with respect to each other under the Contract, and that this Agreement may be amended only in writing signed by both parties hereto. 13. The rights given to the Mortgagee under this Agreement are in addition to the rights of the Mortgagee under the Loan Documents and the documents related thereto. In the event of any inconsistency between the terms of this Agreement and the terms of the Loan Documents or the Contract, the terms of this Agreement shall control to the benefit of each of the parties thereto and their respective successors and assigns. 14. Any notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified or registered mail, postage prepaid, when the proper addresses indicated below. Unless otherwise designated by the respective parties, all notices, certificates and communications to each of them shall be sent to the addresses designated below: Agency: The New Hope Development Authority 4401 Xylon Avenue North New Hope, Minnesota 55428 Mortgagee: The Business Bank Attention: Peter Reichardt 11100 Wayzata Boulevard, Suite 150 Minnetonka, Minnesota 55305 15. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns including any subsequent holder of the Mortgage. -4- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the day and year first above written. THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY B ' 4 6 — �`� Y Its President By Its THE BUSINESS BANK By p CL Its Senior Vice President STATE OF MINNESOTA ) � )ss. COUNTY OF /'4/'7 The for o' �T ' strument was ack wledged befo e j this . 7 day of October, 2003, by &J,C � and ' e te ` - -- the President and the Executive Director of the New Hope Economic Development Authority, a public body corporate and politic of the State of Minnesota, on behalf of e body rate and politic. Notary Public ® STM & SONDRALL STATE OF MINNESOTA ) PUBLIC - MINNESOT:' SS. 19 3 1 ,, ' - S ) COUNTY OF LQC ) THIS DOCUMENT WAS DRAFTED BY: BEST & FLANAGAN LLP 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402 -4331 Phone: (612) 339 -7121 -5- EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, Paulsons Prairie, according to the plat thereof filed of record with the office of the Hennepin County recorder, Minnesota. 0 16438/230002;'268043_ 2 -6- //Y,- - COUNCIL dy e&6 REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development June 23, 2003 Development & Public Works Planning ` Item No. By: Kirk McDonald 8.4 Guy Johnson g : RESOLUTION AWARDING A CONTRACT AND ORDERING CONSTRUCTION OF RELOCATION OF UTILITY PIPELINES AT THE NAVARRE CORPORATION SITE (IMPROVEMENT NO. 728) REQUESTED ACTION Staff requests approval of a resolution ordering the necessary construction to relocate the city's sanitary sewer and storm water pipes that run through the Navarre Corporation expansion site and of a resolution awarding the contract to the low and responsible bidder, Veit & Company, Inc., in the amount of $280,490. POLICY /PAST PRACTICE In the past, the city has undertaken similar public utility relocation projects to assist with business retention and expansion projects. This project would meet several of the industrial goals and policies identified in the city's Comprehensive Plan, including: • Retain and expand New Hope's industrial land uses to insure a diverse tax base and local employment opportunities. • Continue to facilitate the in -place expansion of existing industries. • Redevelop industrial sites that display building deterioration, obsolete site design, and /or land use compatibility issues. BACKGROUND Staff has been coordinating on the Navarre expansion project for the past year. At the June 10, 2002, EDA meeting, staff presented a proposal from Navarre Corporation to relocate Ahrens Trucking from its current location at 7600 49 h Avenue to city owned property at 9200 49 Avenue to facilitate a large expansion at the Navarre site. The EDA directed staff to coordinate with both parties. Initial terms of agreement were reached and discussed at the August 12, 2002, EDA meeting, and on September 9, the City Council and EDA approved a number of agreements regarding this project. At the October 28, 2002, EDA meeting, staff informed the Council that the bids on the Ahrens Trucking relocation portion of the project came in very high and wanted to determine the interest in proceeding with the Navarre portion of the project. The EDA directed staff to proceed with the Navarre expansion project. Navarre has committed to constructing at least a 100,000 square foot two -story office /warehouse building, the materials and shape of which would mimic the existing facility. Navarre anticipates its New Hope employment would increase by 80 people upon completion of the facility and would increase to 100 people over time. cont. MOTION BY / SECOND BY r a' iii c 1 I:rraU \ZUW \(Zd Navarre Utilities Award bid Request for Action Page 2 6 -23 -03 In order to facilitate a possible expansion of the Navarre Corporation complex to the lots west of its current site, relocation of sanitary sewer and storm water infrastructure were necessary. The city currently has a 21 -inch sanitary sewer trunk line that flows from the Angeline Drive and Quebec Avenue intersection to the 49 Avenue and Quebec Avenue intersection. There is also a storm water pipe that flows south to north through the lots in question. The proposed realignment of the utilities would shift the pipelines through the property to the west edge of the property. The paperwork regarding eminent domain proceedings to acquire the Ahrens Trucking property was filed with the courts on December 20, 2002. Navarre Corporation filed an application and plans for its PUD /building construction on January 10, 2003, and they were approved by the Planning Commission and City Council on March 4 and 10, 2003, respectively. FUNDING A preliminary estimate, earlier this year, for relocating the utilities was $250,000. A later updated engineer's estimate in January 2003, projected the cost at $266,000. Six contractors submitted bids for the proposed construction. The bids for construction costs ranged from a high bid of $364,731.00 to Veit & Company, Inc., bid of $28 Of the $280,490.00, $235,869.60 is for relocating the city's sanitary sewer and storm water trunk mains to the west side of Navarre's expansion site and for relocating the sanitary sewer service at the current Navarre building. The remaining $44,620.40 is for extending the city's public sanitary sewer pipe east towards the last property prior to the railroad tracks. Funds are available in the city's Utility Fund for this extension of the city's sanitary sewer. Navarre Corporation will be responsible for the cost to fund the utility infrastructure relocation and their service relocation, and will be reimbursed by the city through Tax Increment Financing (TIF) funds. The city attorney has prepared the attached correspondence concerning the Private Redevelopment Contract the EDA has with New Hope, LLC, also known as the Navarre Corporation, concerning payment for the relocation of the utility pipelines in connection with its property redevelopment at 7600 49 Avenue North. "The Private Redevelopment contract requires New Hope, LLC and Navarre Corporation to pay its cost. Navarre will be reimbursed these costs upon completion of the Redevelopment Contract and the work required thereunder from the new tax increment generated in the TIF District. The New Hope EDA and the city will provide Navarre with a "revenue" note in an amount not to exceed $450,000 which will include these utility relocation costs. Interest on this note will commence on the date of the certificate of completion of the project. Please refer to Section 3.4 of the Contract on page 13 for the actual language relating to the note. Therefore, Navarre will be paying the costs up front for the work to be performed by Veit. Navarre will then be reimbursed for these costs pursuant to the terms of the revenue note and the Private Redevelopment Contract from TIF." Staff recommends approval of the resolution. ATTACHMENTS • Resolution • 6/16 City Engineer Correspondence • 6/18 City Attorney Correspondence • Excerpts from Redevelopment Contract • Excerpts from Plans RESOLUTION NO. 03- 109 RESOLUTION AWARDING A CONTRACT AND ORDERING CONSTRUCTION OF RELOCATION OF UTILITY PIPELINES AT THE NAVARRE CORPORATION SITE IMPROVEMENT PROJECT NO. 728 (Navarre Corporation Trunk Utilities) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore considered and approved plans and specifications and ordered bids for construction of the relocation of utility pipelines at the Navarre Corporation site, Navarre Corporation Trunk Utilities Improvement Project No. 728, (hereafter Project). This action and the City staff s bid advertisement action for the Project is hereby ratified and approved. Based on a consideration of these plans and specifications, presentations by the City staff and City Engineer on this project and this Councils own consideration for the need for this project, this Council does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered 2. That advertisement for bids for the construction of said improvement was published in the New Hope- Golden Valley Sun -Post, the official newspaper of the City, on May 22, 2003 and in The Construction Bulletin on May 16 and 23, 2003. 3. That bids for the construction of the 2003 Street Infrastructure Plan Improvement No. 728 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on June 9, 2003 as heretofore authorized by this Council. 4. It is hereby found and determined by this Council that the bid of Veit & Company, Inc. for the construction of said project in the amount of $280,490.00 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 5. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with Veit & Company, Inc., subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 23 day of June, 2003. W. Peter Enck, Mayor Attest: Valerie Leone, City Clerk —1— 80nestro0, ROSene, Anderilk and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer B ®■ ■ eS 1F roo and Employee Owned R ®Se e Principals.- Otto G. Bonestroo, PE. • Marvin L Sorvala, EE, Glenn R. Cook, P.E. Robert G. Scri —cht, P.E. r Jr ■ Jerry A. Bourdon. RE. + Mark A. Hanson, PE.. Anderiik S enior Consultant s: Robe .-[ W. Rosene, P.E. • Joseph C. Anderlik, PE. Richard E. Turner, P.E. - Susan M. Eberlin, Associate Principals: Keith A. Gordon. PE. • Robert R. Pfefferie, P.E. Richard W. Foster, RE- - David O. loskor, Associates Michael T Rautmann, RE. • Ted K. Field, P.E. - Kenneth P. Anderson, P.E. • Mark R. Rolfs, P.E. • David A. Bonestroo, t ' Sidney P. Williamson, P.E., LS. • Agnes M. Ring, M.B.A. r Allan Rick Schmidt, P.E. • Thomas W. Peterson, RE- Encil & /'A rchitects James R. Maland, PE Miles B. Jensen, PE. L Phillip Gravel 111, P.E. - Daniel J. Edgerton, PE. Ismael Martinez, P.E. - Thomas A. Syfko, P.E. Sheldon J. Johnson Dale A. Grove, PE. • Thomas A. Roushar, RE. •Robert J. De very, P.E. _ Offices: St. Paul, St. Cloud, Rochester and Willmar. MN - Milwaukee. WI • Chicago, it Website: www.bonestroo.com - June 16, 2003 Honorable Mayor and City Council - City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Navarre Corporation Trunk Utilities Project City Project No. 728 File No. 34 -02 -140 Recommendation of Contract Award Bids were opened for the project I stated above on Monday,. June 9, 2003 at 1:30 P.M. Transmitted herewith is. a copy of the bid tabulation for your information and file.. Copies will also be distributed to each bidder. There were a total of six (6) bids. The following summarizes the results of the bids received: Contractor Bid Amount Low Veit & Company, Inc. $280,490.00 #2 Northdaie Construction Co., Inc. $302,808.72 #3 Barbarossa & Sons, Inc. $31$192.00 #4 G. L.. Contracting, Inc. $328,456:78 #5 F. F. Jedlicki, Inc. $329,743.00 # Lametti & Sons, Inc. $364,731.00 The low bidder on the project was Veit &'Company, Inc, with a Base Bid of $280,490.00. This compares to the Engineer's Estimate of $266,000.00. These bids have been reviewed and found to be in order. The cost of the pipe and the sanitary sewer bends account for the majority of difference between the low bid and the estimate. Because six bids were received and the bids are similar indication is given that the rids are competitive and the cost: of these materials was underestimated, It would be reasonable for the City Council to award this work and proceed with construction based on the low bid. Bidding the work in early summer may have also contributed to the higher bids as contractors have a significant amount of work already. scheduled for the construction season. Some dollars may be saved if the project was rebid early in the year, however, this is not feasible given the required schedule for the Navarre improvements. Veit & Company, Inc. is the same company that constructed infrastructure improvements on 30 Avenue and Hidden Valley Park. They are well suited to complete the requirements of this project. The project construction costs of $280,490.00 can be divided into four parts as foIIows: Part #1 — Trunk Sanitary Sewer Reconstruction Reconstruct and realign the trunk sanitary sewer to accommodate the new Navarre building. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 651-636 -4600 ■ Fax: 651-636-1311 Part #2 — Trunk Storm Sewer Reconstruction Reconstruct and realign the trunk storm sewer to accommodate the new Navarre building. Part #3 — 8 -inch Lateral Sanitary Sewer Construction for Existing Navarre Building Construct the 8 -inch lateral along 49` Avenue to. serve the existing Navarre building. The existing service will be removed for the new building. This part includes the construction of the 8 -inch lateral to the location of the new service line. The reconstruction of the service beyond the ROW will be completed outside of this contract by Navarre. Part #4 — 8 -inch Lateral Sanitary Sewer Construction for 7300 49` Avenue Building Continue construction of the 8 -inch lateral along 49 Avenue beyond the existing Navarre building to serve the adjacent property to the east, 7300 49 Avenue. This property currently shares a service with the existing Navarre building. The lateral will be constructed. in 49' Avenue Right of Way to maintain a public service independent of the Navarre property. This improvement is beyond the scope of the Navarre improvements and is a City utility cost. The costs for each part are listed below. These costs are construction costs and do'not include indirect costs attributed to engineering, legal, and administrative. Part Description bid Amount #I Trunk sanitary sewer reconstruction to accommodate $150,175.70 new Navarre building #2 Trunk storm sewer reconstruction to accommodate $ 59,976.00 new Navarre building #3 8 -inch lateral sanitary sewer construction for existing $ 25,717.90 Navarre building sewer service #4 8 -inch lateral sanitary sewer construction for 7300 $ 44,620.40 49"' Avenue sewer service Low Bid from Veit & Company $280,490.00 In summary, all of the Contractors bidding on this project have proven they are capable of performing the work associated with this type of project. If the City Council and Navarre Corporation wish to proceed with this improvement, then Veit & Company, Inc. should be awarded the project on the Base Bid Amount of $280,490.00. Should you have any questions, please feel free to contact me at {651} 604 -4790 Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures Lyj UUZ JSri NSEN & SONDRALL, P.A. Attortze At Law 8525 EDINDROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-98110 TELEFAX (763) 493-5193 e-snail law?,jenSen-sondrall.com D0L)Gl,A-SJ-DPe;NsR1 GORDON L. JENSEN' June 18, 2003 GLEN A, NORTON ,STFVrN A. SONDPALl. VIA FACSEW]LE TO. (763) 531-5136 WILLIAM C. STRAIT-' STACY A. WOODS AND BY REGULAR U.S. mATL Kirk McDonald OF COUNSEL Community Development Director LoRms BRYTIMSTAD Cit O f N H ope 4401 Xylon Avenue North New Hope, MN 55429 Re: Payment for Relocation of Navarre Corporation Utility Pipelines Our File Nor: 99.20301 Dear Kirk: This letter is i n follow up to our recent telephone conversation concerning the Private Redevelopment Contract the EDA has with New Hope, LLC, also known as the Navarre Corporation., concerning payment for the relocation of the utility pipelines in connection with their property redevelopment at 7600 — 49 Avenue North. As you know, this matter is on the agenda to award a contract to Veit and Company to pelforin dais work. The contract amount is $280,490,00. Basically, the Private Redevelopment Contract requires New Hope, LLC and Navarre Corporation to pay this cost. Navarre will be reimbursed these costs upon completion of the Redevelopment Contract and the work required thereunder from the new tax increment generated in the TIF District. The New Hope EDA and the City will pro Navarre with a " revenue" note in an amount not to exceed S450,000.00. which will include these Utility relocation costs. Interest on this note will commence on the date of the certificate Of completion of the project. Please refer to Section 3.4 of the Contract on page 13 for the actual language relating to the note. Tlierefore, Navarre will be paying the costs up front for the work to be preformed by Veit. Navarre will then be reimbursed for these costs pursuant to the terms of the revenue note and the Private Redevelopment Contract from TIF. Please contact me if you have any further questions Or comments regarding this matter. Very truly yours, ---c Steven A. Sondrall, City Attorney, I PrOP-1 Law Speclakm City of New Hope mirl0d By Thu nnezora S'11EE Bar soclullon lified A DP Neutral CC. Vale Valerie Leone dlictl in luWA THIS AGREEMENT ( "Agreement ") is made on or as of the day of , 2002 by and between the NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "), having its principal offices at 4401 Xylon Avenue North, New Hope, Minnesota 55428, and NEW HOPE, LLC, a Minnesota limited liability company (the "Redeveloper "), having its principal office at 7400 — 49 Avenue North, New Hope, MN 55428. WITNESSETH: WHEREAS, the Authority is a political subdivision of the State of Minnesota and is governed by a board of commissioners; WHEREAS, in furtherance of the Authority's objectives, there has been established a Restated Redevelopment Plan (the "Project Plan ") for Redevelopment Project No. 1 (the "Project Area ") in the City of New Hope, Minnesota (the "City ") to encourage and provide maximum opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use; WHEREAS, as of the date of this Agreement the Project Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes Sections 469.001 through 469.047 and 469.090 through 469.108; WHEREAS, in connection with the Project Area the City Council of the City has created a Tax Increment Financing District No. 02 -1 (the "Tax Increment District ") pursuant to the Minnesota Tax Increment Financing Act in Minnesota Statutes Sections 469.174 to 469.1799; WHEREAS, the Redeveloper currently owns a parcel of land located adjacent to a portion of the Tax Increment District and wishes to acquire an acre of land in that portion of the Tax Increment District in order to construct a building expansion; WHEREAS, In order to achieve the objectives of the Project Plan Authority is willing, if necessary, to acquire the above - referenced acre of land utilizing its power of eminent domain and would, if the land is acquired, then convey it to the Redeveloper subject to the Redeveloper proceeding with construction in accordance with this Agreement and the Project Plan; WHEREAS, the major objectives in establishing the Project Area are to: 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's comprehensive plan and with a minimum adverse impact on the environment and thereby promote and secure the development of other land in the City. The Authority shall indicate its acceptance of the amounts for the Note, assuming the conditions of this Section 3.2 have been complied with and there is no Event of Default, when the Authority issues the Certificate of Completion in accordance with Section 4.3 of this Agreement. Section 3.3. Conditions Precedent to Delivery of Revenue Note The Authority's obligation to reimburse the Redeveloper for the costs of the Site Preparation, the Public Improvements Relocation in accordance with Section 3.2 by delivery of the Note shall, in addition to the documentation requirements outlined in that Section, be contingent upon the satisfaction by the Redeveloper of all of the following conditions precedent: (a) The Redeveloper shall be in material compliance with all of the terms and provisions of this Agreement, including but not limited to receiving the Authority's approval of the Construction Plans; (b) The Redeveloper shall be in compliance with all ordinances of the City. (c) The Redeveloper shall have delivered an executed Use Certificate for the Minimum Improvements. (d) The Authority shall have issued the Certificate of Completion. Section 3.4 Adjustment of Revenue Note. Provided that the Redeveloper can, in accordance with this Article III, document expenditures for Site Preparation and/or Ahrens Acquisition Costs advances in the amount of at least Two Hundred Thousand and No /100 Dollars ($200,000), then the minimum principal amount of the Note shall be the sum of Two Hundred Thousand and No /100 Dollars ($200,000). This minimum amount shall be increased by the total Redeveloper advances for the Public Improvements Relocation, up to a maximum of an additional Two Hundred Fifty Thousand and No /100 Dollars ($250,000). Accordingly, the maximum amount of the Note principal shall not exceed Four Hundred Fifty and No /100 Thousand Dollars ($450,000). Interest on the Note shall commence on the date of the Certificate of Completion. Section 3.5 Acquisition of the Current Ahrens Site (a) If the Redeveloper is unable to acquire the Current Ahrens Site in a timeframe that is, in the Redeveloper's reasonable discretion, satisfactory to allow for the commencement of construction as provided in Article IV of this Agreement, then the Authority, subject to the provisions of this Article III, agrees to acquire the Current Ahrens Site through the exercise of eminent domain (including the use of quick take) and to thereafter convey the Current Ahrens Site to the Redeveloper. 13 j � p 0 z z z 5E ' z r- z z > z o z 6 0 0 o T T T illlilll 2 % :E .......... .... ............ 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PaUI, MN 55113 a� -* E �a < NAVARRE CORPORATION TRUNK UTILITIES Anderlik 8, St E ~ ' SANITARY SEWER RECONSTRUCTION Associates Pnane: 651- 636 -4600 acE Engineers a Arcmteas E 651 636 1313 swan CITY PROJECT No. 728 - - - - - i `^ N m 902.2 + 8 +60 0... o o r I I 2' . m mI 887.91 Ex.27" m Nut — - A C z z !END. BENDS z : R I o > ° CONNECT TO Ex. 21" N i pqi I x nom o -; 01.6 1 r 1 887.80-27" + 903.4 mN 7 +04 v o° N— ,BEG .-BENDS— —° m m - _' _. '.o 903.3 -- — < m ns— J.._o T — — — —'— — i *i}�.a• — — - m — II � + 2036 . o o m m ' n _ � >o vNi i dim � I I .. Ism I « m° m o> 1nm I I � - +0 904 i N y -a..__ t__. __ I z� `_I Iv n to ``` I Fm .. I �I ^ Ox C 9047 ... A� 1a zI ( '. 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Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00620 Payment Bond, The insurance and indemnity requirements shall be provided. After the bonding company has completed the documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall, Jensen Swanson & Sondrall PA 8525 Edinbrook Crossing #203 Brooklyn Park MN 55443 -1983 After the necessary officials have signed the contracts, please distribute as follows- 2 copies VEIT & Company Inc (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attn: Valerie Leone 1 copy Bonestroo & Associates, Attn. Vincent T. Vander Top Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. VTV :cmi Enclosures: 4 Contract Documents cc: Steven Sondrall, Client Attorney Valerie Leone, City of New Hope 2335 West Highway 36 a St. Paul, MN 55113 a 651-636 -4600 ® Fax: 651-636-1311 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bon estro o and Employee Owned R osen e Principals: Otto G. Bonestroo, PE. • Marvin L. Sorvala, P.E. • Glenn R. Cook, P.E. • Robert G. Schunicht, P.E. Jerry A. Bourdon, P.E. • Mark A. Hanson, RE. 1 i� A nderlik Senior Consultants: Robert W. Rosene, PE. • Joseph C. Anderlik, P.E. • Richard E. Turner, PE. • Susan M. Eberlin, C.RA. A ssociates Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, RE. • Richard W Foster, P.E. • David O. Loskota, P.E. Michael T. Rautmann, PE. • Ted K. Field, P.E. • Kenneth P Anderson, BE. • Mark R. Rolfs, RE. • David A. Bonestroo, M.B.A. - Sidney P Williamson, RE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, PE. • Thomas W. Peterson, RE. Engineers &Architects James R. Maland, PE. • Miles B. Jensen, P.E. • L. Phillip Gravel III, PE. • Daniel J. Edgerton, RE. • Ismael Martinez, P.E. Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, P.E. • Robert J. Devery, PE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: wwvv.bonestroo.com Enclosed are Four (4) copies of the contract documents between you and the City of New Hope covering the above - referenced project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00620 Payment Bond, The insurance and indemnity requirements shall be provided. After the bonding company has completed the documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall, Jensen Swanson & Sondrall PA 8525 Edinbrook Crossing #203 Brooklyn Park MN 55443 -1983 After the necessary officials have signed the contracts, please distribute as follows- 2 copies VEIT & Company Inc (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attn: Valerie Leone 1 copy Bonestroo & Associates, Attn. Vincent T. Vander Top Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the project. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. VTV :cmi Enclosures: 4 Contract Documents cc: Steven Sondrall, Client Attorney Valerie Leone, City of New Hope 2335 West Highway 36 a St. Paul, MN 55113 a 651-636 -4600 ® Fax: 651-636-1311 07/14/2003 15:31 FAX 783 493 5193 JENSEN & SONDRALL, P.A. -r CNIL -Cti Wj uu6 DauaiAs 1. DmNaxz CORDON L JENSEN' C d" A. NORTON SnVEN A. SONDR STACY A. WOODS OF COUNSAL LOREN5 Q. DRYNESCAD '6tcatA= Smdout Ca�ltkd BY The bf ==tX Sh" Stec Aeaoci W 'A"-ed W I-we JIENSIEN & SONDRAL P.A. i® Attorneys At Law 8525 EDWROOK CRMING, STR- 201 BRDoxLYN PAM MvmgoTA 55443 TELEp (763) 424 -9911 • T ELEFAX (763) 493 -5193 e -mail law@jensen-sondrall.com July 14, 2003 Greg Boelke, Vice President for Construction Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 SENT BY FACSIMILE ONLY TO. (763) 428 -8348 Re: The City of New Hope 2003 Navarre Corporation Trunk Utilities Contract Our File No.: 99.10030(0) Dear Mr. Boelke: It is the City Attorney's Office is responsible for verifying that the Contractor has validly signed tEte Contract and met the relevant terms of the Contract prior to execution by the City. Unfortunately, I was unable to do so as no Certificates of Insurance accompanied the Contracts submitted to me. The Certificates of Insurance are required by SC- 2.05(C) and SC75.03(A) and I bane suspended my review of the proposed Contracts until such time as the Certificates of Insurance are received. To speed approval of the Contracts, I suggest you have a Certificate of Insurance faxed to me when mailing the originals. Before I suspended my review of the Contracts, I did determine that at least some documentation and/or information in addition to the Certificates of Insurance is required. To speed the approval of these Contracts, I will review those items here: 1. Agent for Service of Process The signed origistal Contracts I received failed to specify an agent for service of process. While I am willing to admit that this is a detail, it is an important one to the City as it will aid the City in serving process should a serious dispute arise under the Contract. Rather than remming the Contracts to you for addition of this information, I am willing to accept a signed letter from you in your official capacity stating: Veit & Company, Inc.'s agent for service of process for the 2003 Navarre Corporation Trunk Uddities Contract with the City of New Hope is (name and address). 2. Authority to Sign Unfortunately your signature (at least I believe it is your signature) on the Contracts as Vice President is insufficient to demonstrate your ability to contractually bind your company. Therefore, a resolution of your company's Board of Directors authorizing the signing is required. The resolution should state something similar to the following: 07/14/2003 15:31 FAX 763 493 5193 JENSEN & SONDRALL, P.A. 4 CNH —CH [0003 Jily 14, 2003 Page 2 We, the undersigned Directors of Veit & Company, Inc., being all of the Directors of that Company, authorize Greg Boelke, the Company's 'Vice president for Construction, to enter into that contract with the City of New Hope, that contract being know as the `°2003 Navarre Corporation Trunk Utilities" Contract. 3. I would also appreciate the name and telephone number of a contact person for your Certificate of Insurance so that once I continue my review of the Contracts I will be in a position to contact that person with any questions I may have. Please contact me with any questions or comments. Otherwise, I thank you for your attention to this matter- Very truly yours, Douglas J. Debner Assistant City Attorney City of New Hope JENSEN & SONDRAM, P.A. djd@Jcnwik- sondrmA.com After Flouts Extension 8137 cc. fteven A. Sondrall, City Attorney, City of New Hope qXirk McDonald, Community Development Director, City of New Hope (via facsimile only) ; guy Johnson, Director of Public Works, City of New Hope (via facsimile only) Yale-rie Leone, City Clerk, City of New I rope (via facsimile only) P:vwmnay\D7D\2. City otNuw trop W9,10030 (a) - rlt"c works MAMAS -1003 NnVinwe Calw1winn Tnmk Undoc DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAGY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association " in Iowa Attorneys At Law August 25, 2003 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811® TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com Re: Navarre Corporation Trunk Utilities Contract Our File No. 99.10030(B) Dear Valerie: Please find enclosed four original "Navarre Corporation Trunk Utilities" contracts (hereinafter "Contracts "). Prior to approving the enclosed contracts for execution by the City, we required Veit & Company, Inc (hereinafter "Company ") to address the following issues: 1. Name an "agent for service of process "; 2. Provide verification of the signatory's authority to enter into the above - referenced contract with the City; and 3. Provide revised Certificates of Insurance with a corrected "cancellation" provisions. The Company chose to address item 1 above by naming an agent for service of process in a letter to me. The Company chose to address item 2 above by providing me with a letter signed by all the Directors of the Company. Copies of these letters are enclosed. I have retained the originals for our file. Please let me know if you would like this handled differently. The original Performance and Payment Bonds, along with the revised Certificates of Insurance were provided to us after we had received the Contracts. As we lack the necessary binding equipment to properly place these documents in the Contracts, I have paper clipped them in place. It would be appreciated if you would properly place these documents prior to signing. With the placement of the Performance and Payment Bonds and the revised Certificates of Insurance as indicated above, it is our opinion that the City may proceed with the execution of this contract. Please feel free to contact me with any questions or comments. August 25, 2003 Page 2 i-E& y y r . Debner, City Attorney ONDRALL, P.A. After Hours Extension #137 Enclosures cc: Daniel J. Donahue, City Manager Guy Johnson, Public Works Director Tom Schuster, Contract Manager Steven A. Sondrall, City Attorney P: \Attorney \DJD \2. City of New Hope \99.10030 (B) - Public Works Matters \5 - 2003 Navarrwe Corporation Trunk Utilities\CNH99.10030(B)- 004 -Leone Ltr.doe El VEIT & COMPANY INC. COMPANIES 14000 Veit Place - Rogers, MN 55374 Phone 763.428.2242 Fax 763.428.8348 www.veitcompanies.com EST. 1928 Earthwork Demolition Underground Utilities July 21, 2003 Mr. Douglas J. Debner Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1968 Re: The city of New Hope 2003 Navarre Corporation Trunk Utilities Contract Your file No.: 99.10030(B) Dear Mr. Debner, This letter is in response to your letter dated July 14, 2003 to Mr. Greg Boelke regarding his Authority to Sign for Veit & Company, Inc. We, the undersigned Directors of Veit & Company, Inc., being all of the Directors of that Company authorize Greg Boelke, the Company's Vice President for Construction, to enter into that contract with the City of New Hope, that contract being known as the "2003 Navarre Corporation Trunk Utilities" contract. Sincerely, Vaughn A. Veit Director Dona d J. Rachel Director r , Jerry chel Direc or (C(OF "Best Service in the Business" Environmental VEIT & COMPANY, INC. El C®1bTPANI 14000 Veit Place =Rogers, MN 55374 Phone 763.428.2242 Fax 763.428.834$ www.veitcompanies . com ...:...:..... EST. 1 428 Earthwork July 31, 2003 Agent for Service of Process Douglas J. Depner 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443 Dear Douglas J. Depner: Veit and Company, Inc.'s agent for service of process for the 2003 Navarre Corporation Trunk Utilities Contract with the City of New Hope is Greg Boelke at 14000 Veit Place, Rogers, MN 55374. Sincerely, Michelle Nemec Project Coordinator Veit and Company, Inc. ( C(Opy "Best Service in the Business" Demolition September 4, 2003 Mr. Greg Boelke Veit & Company 14000 Veit Place Rogers, MN 55374 SUBJECT: RELOCATION OF UTILITY PIPELINES AT NAVARRE CORPORATION IMPROVEMENT PROJECT NO. 728 Enclosed are two fully executed contract documents for New Hope Project No. 728. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on June 23, 2003 for $280,490. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC -134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763- 592 -6766. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney (File No. 99.10030(B) Vince VanderTop, Assistant City Engineer Guy Johnson, Director of Public Works Kirk McDonald, Director of Community Development ITY OF EW OPE 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763 - 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 + Police Fax: 763- 531 -5174 + Public Works Fax: 763 -592 -6776 # ! 1111 Is) 101 • V ! I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Vincent T. Vander Top P.E. Registration Number 25770 Date: May 13, 2003 DOCUMENT 00010 TABLE OF CONTENTS NAVARRE CORPORATION TRUNK UTILITIES CITY PROJECT NO. 728 FILE NO. 34-02-140 NEW HOPE, MINNESOTA 2003 Introductory Information 00005 Certifications Page 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00410 Bid Form Contracting Requirements 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Performance Bond 00620 Payment Bond 00700 EJCDC 1910-8 General Conditions (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1— General Requirements 01100. Summary 01310. Project Management and Coordination 01330. Submittal Procedures 01400. Quality Requirements 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01700, Execution Requirements 34-02-140 C 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. INDEX Division 2 — Site Construction 02225. Removals 02230. Site Clearing 02280. Adjust Miscellaneous Structures 02315. Excavation and Fill 02320. Trench Excavation and Backfill 02530. Sanitary Sewer 02630. Storm Drainage 02720. Aggregate Base Course 02740. Plant Mixed Bituminous Pavements 02770. Concrete Curb and Gutter 02775. Concrete Walks, Medians, and Driveways 02920. Lawns and Grasses 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue, until 1:30 P.M., C.D.S.T., on Monday, June 9, 2003, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: Navarre Corporation Trunk Utilities — City Project No. 728 Consisting of the following approximate quantities: 650 LF 27" RCP Trunk Sanitary Sewer and Bends (8' to 22' deep) 575 LF 8" PVC Lateral Sanitary Sewer 600 LF 24" RCP Trunk Storm Sewer 13 EA Manholes and Structures for Sanitary and Storm 2,950 SF Remove /Install New Concrete Sidewalk 300 SY Driveway and Street Patching 1.3 AC Restoration with Seed 1 LS Wastewater Bypass Pumping Plans and specifications, bid forms and contract documents may be seen at the office of the City Clerk, New Hope Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (651) 636 -4600. Plans can be also purchased with a credit card over the internet from our website at www.bonestroo.com. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 60 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of sixty (60) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and bid forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a non- refundable fee of $45.00. See "Information to Bidders" for plan/specification fee policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Daniel Donahue, City Manager City of New Hope, Minnesota 34 -02 -140 ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1— DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder — The individual or entity who submits a Bid directly to Owner. B. Issuing Office — The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder - The lowest, qualified, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. ' •'1 ! p1��1 �f 1 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office identified in the Advertisement or Invitation to Bid. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 — QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, each Bidder must be prepared to submit within five days of Owner's request written evidence of financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the State where the project is located or covenant to obtain such qualification prior to award of contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34 -02 -140 © 2003 Bonestroo, Rosene, 00200 -1 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS ARTICLE 4 — EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such Drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents, B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such Drawings. 34 -02 -140 O 2003 Bonestroo, Rosene, 00200 -2 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 34 -02 -140 © 2003 Bonestroo, Rosene, 00200 -3 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS E obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.48 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate` and convey understanding of all terms and conditions for performing and furnishing the Work. 34 -02 -140 O 2003 Bonestroo, Rosene, 00200-4 Anderlik &Associates, Inc. INSTRUCTIONS TO BIDDERS ARTICLE 5 — SITE AND OTHER AREAS 5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing faculties are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued" to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. s 7.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 7.02 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 7.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. 34 -02 -1,40 © 2003 Bonestroo, Rosene, 002005 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS ARTICLE 8 — CONTRACT TIMES 8.01 The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 9 — LIQUIDATED DAMAGES 9.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 — SUBSTITUTE AND "OR- EQUAL" ITEMS 10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 1 i — SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost Occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the contract award. 11.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 34 -02 -140 © 2003 Bonestroo, Rosene, 00200-6 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS 11.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. 12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 12.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each Bid item listed therein. 12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 12.06 A Bid by an individual shall show the Bidder's name and official address. 12.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture must be shown below the signature. 12.08 All names shall be typed or printed in ink below the signatures. 12.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10 The address and telephone number for communications regarding the Bid shall be shown. 12.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number for the state of the Project, if any, shall also be shown on the Bid Form. 12.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 34 -02 -140 7 2003 Bonestroo, Rosene, 00200 -7 Andertik & Associates, Inc. INSTRUCTIONS TO BIDDERS 12.13 Bidders may'list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, specification section number, and the total deduct to the Total Base Bid for each substitute item proposed. ARTICLE 13 - BASIS OF BID; EVALUATION OF BIDS 13.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 13.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 14 SUBMITTAL OF BID 14.01 Each prospective Bidder is furnished one copy of the Bidding Documents with one separate unbound copy each of the Bid Form, and, if required, the Bid Bond. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 14.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 34 -02 -140 © 2003 Bonestroo, Rosene, 00200 -8 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID 15.01 A Bid maybe modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 15.02 Bids may be withdrawn after Bid opening only in accordance with the law. 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non - responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 18 - AWARD OF CONTRACT 18.01 If the Contract is awarded, Award shall be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 18.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, non - responsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non- responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. 18.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 18.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 34 -02 -140 2003 Bonestroo, Rosene, 00200 -} Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS 18.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 18.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigations and statements made as aresult thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a contract award pursuant to law. 18.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE 19.01 Article 5 of the General Conditions, as maybe modified by the Supplementary Conditions,' sets forth Owner's requirements as to performance and payment Bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds. ARTICLE 20 - SIGNING OF AGREEMENT 20.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the 'Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 34 -02 -240 O 2003 Bonestroo, Rosene, 00200-10 Anderlik & Associates, Inc. INSTRUCTIONS TO BIDDERS Sonestroo Rosene Anderlik & Associates Engineers 6 Architects DOCUMENT 00410 BID FORM NAVARRE CORPORATION TRUNK UTILITIES CITY PROJECT NO. 728 FILE NO. 34-02-140 NEW HOPE, MINNESOTA 2003 Opening Time: 1:30 P.M. C.D.S.T. zl� 9� Opening Date: Monday, June 9, 2003 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Ave N New Hope, MN 55428 -4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been .identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. 34 -02 -140 00410 -1 BID FORM E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions. 34- 02- 140 00410 -2 BID FORM Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price PART 1 - SANITARY SEWER: IF I MOBILIZATION LS 2 TRAFFIC CONTROL LS 3 REMOVE AND INSTALL NEW LF CONCRETE CURB AND GUTTER LF 4 REMOVE AND INSTALL NEW SF CONCRETE WALK LF 5 REMOVE AND INSTALL NEW SY CONCRETE DRIVEWAY APRON LF 6 REMOVE BITUMINOUS PAVEMENT SY 7 SALVAGE AND REINSTALL LS RAILROAD TRACKS $ z,�zo•�0 8 SALVAGE AND REINSTALL EA HYDRANT 9 REMOVE MANHOLE EA 10 11 12 13 14 15 16 17 18 19 20. 21 22 34 - 02 - 140 REMOVE SANITARY SEWER PIPE IF TOPSOIL BORROW (IV) CY IMPROVED PIPE FOUNDATION IF 8" PVC PIPE SEWER, SDR 35, 0' -10' IF DEEP $ � • 8" PVC PIPE SEWER, SDR 35, 10' -12' IF DEEP $ qq7 .06 8" PVC PIPE SEWER, SDR 35,12'-14' LF DEEP $ -o . Q6 8" PVC SANITARY SEWER, SDR 35,14'- LF 16 DEEP $ 1, M 8" PVC SANITARY SEWER, SDR 26,14'- LF 16 DEEP $ - E5,�c' 8" PVC SANITARY SEWER, SDR 26,16- LF 18' DEEP $ z,�zo•�0 8" PVC SANITARY SEWER, SDR 26,18'- LF 20' DEEP 27" RCP SANITARY SEWER, 0' -10' IF DEEP $ Z�toi' 27" RCP SANITARY SEWER, 10' -12' LF DEEP $ 77. 27" RCP SANITARY SEWER, 12' -14' LF DEEP (��_ dD $ -!a 19W 00410 -3 jo $_ 1 $ $ j C30 540$ • •lu — $ � • 2950$ 9.76 $ 1H � 90$_ .66 _ $ H OH P O 300$ 3 • $ qq7 .06 1 $ $ QW.00 1 $ )19oo . $ -o . Q6 l$ - A456.00 $ 215o ' d 0 72 $ L1 1 4 0- o' $ 1, M 1,200$ I t"� .dd $ 1,412$ �' QO $ - E5,�c' 200$ ; R(01 $ 80 $ - c � • il � -- $ z,�zo•�0 73$ a 3 . oo $ 2 .Ujyq Od 20$ C36• 00 $_ 67$ ! ' $ Z�toi' 100$ y L4.2 0 $ t H2 . 287$ �' • O 0 $ 77. 140$ 77Z •00 $ 1048C.60 Od 40 $ -7 ` (��_ dD $ -!a 19W BID FORM No. Item Units Qty Unit Price Total Price 23 27" RCP SANITARY SEWER, 14' -16' LF 45 $ 4 ,10 _ - -- $ 3 DEEP 1 $ 1 O $ 1 p 24 27" RCP SANITARY SEWER, 16' -18' LF 40$ �V X $ E J, zoo '00 852$ L 4 , 00 DEEP 34 -02 -140 00410 -4 25 27" RCP SANITARY SEWER, 18' -20' LF nn 45 $ �u . Q D $ II ao DEEP 26 27" RCP SANITARY SEWER, 20' -22' LF 56 $ J14. ° $ (of I too D DEEP 27 21" RC LR BEND, CLASS 5 EA 2$ $ 06 28 27" RC LR BEND, CLASS 4 EA 15$ $ O _ � 29 27" RC LR BEND, CLASS 5 EA .60 16$ ��J� 9 $ 2,2, 30 BULKHEAD EXISTING SANITARY EA 4$ 6 0 0 - 00 $ SEWER 31 CONNECT TO EXISTING MANHOLE EA l -1 1 $ a,"7 /�•� $ 32 CONNECT TO EXISTING SANITARY EA ad 1 $ •OC1 $ - �' SEWER PIPE 33 CLOSED CIRCUIT TELEVISION LF 1,412$ ).0 $ INSPECTION 34 STANDARD SANITARY MANHOLE EA q� 7$ It QV • $ 11 ?95 35 STANDARD SANITARY MANHOLE LF 43$- 1 5.Of - s OVERDEPTH 36 INSULATION SY 14$ 10 , 110 $ yo • 37 BYPASS PUMPING LS I$ 0M. $ 171O • 38 SAWING BITUMINOUS PAVEMENT LF 630 $ :3 . 60 _ $ At T t _ 39 BITUMINOUS PATCHING SY 300$ _ V0- $ 5 1 14CO Od 40 SEEDING, INCL SEED, FERTILIZER, AC 1 $ ! taw ' $ MULCH AND DISK ANCHOR TOTAL PART 1 - SANITARY SEWER $ 02� d �j / 0 0 PART 2 - STORM SEWER: 41 REMOVE STORM SEWER PIPE LF 104 $ ��_ $� � 42 REMOVE MANHOLE EA 43 REMOVE APRON EA 1 $ 1 O $ 1 p 44 TOPSOIL BORROW (LV) CY 300 $ DO $ L4 45 IMPROVED PIPE FOUNDATION LF 852$ L 4 , 00 $ ; 6 34 -02 -140 00410 -4 BID FORM No. Item Units Qty Unit Price Total Price 46 12" RCP STORM SEWER, CLASS 3 LF 15$ $ 47 18" PVC STORM SEWER, SDR 26 LF 196$ 3q o 6,6 6H GO 48 24" RCP STORM SEWER, CLASS 5 LF 641 $�' $ 49 BULKHEAD EXISTING STORM EA 3 $ 660. do $ SEWER — t L .� D 50 4' DIAMETER STORM SEWER EA 4$_1 qp. $ jpp (00. co MANHOLE 51 4' DIAMETER STORM SEWER CATCH EA �I n 1$ I ��.W $ Z Q BASIN MANHOLE 52 CONNECT TO EXISTING STORM EA 1$ _ j $ SEWER — 53 CLASS III RANDOM RIPRAP CY //-- 16 $ ��P •� $ ip. C6 54 SILT FENCE LF 150$ q • $ lo00 • co 55 SEEDING, INCL SEED, FERTILIZER, AC 0.3$ �� dD $ -7r r �t du• d0 7 MULCH AND DISK ANCHOR TOTAL PART 2 - STORM SEWER �(� $ r 7� 0 BASE BID: TOTAL PART 1 - SANITARY SEWER $ TOTAL PART 2 - STORM SEWER $ 59,Q -7 (� y • ° a TOTAL BASE BID $ 34 -02 -140 00410 -5 BID FORM 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Five Percent. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on - - 200 If Bidder Is: An Individual Name (typed or printed): LIN Doing business as: Business address: Phone No.: (Individual's signature) Fax No.: (SEAL) 34 -02 -140 00410-6 Rm POP A Partnership Partnership Name: (SEAL) By: (Signature of general partner) A Corporation Name (typed or printed): Business address: Phone No.: Fax No.: Corporation Name: V kA to m 7T L (SEAL) State of Incorporation: Hlnul�U Type (General Business, Professional, Servir Limited Liability): kg ),e.aM& `(Signature) Name (typed or printed): Title: Via a { 5id mf Ca L+ gly -wo r? Attest (CORPORATE SEAL) (Signature Corporate Secretary) Business address: jq�_Vtjj Platt t Phone No.: 1 0 - 1 12-y - L.1�"z Fax No.: �/� 3 ' ' l � 4 d i 3 16 34 -02 -140 00410 -7 BID FORM A Joint Venture Joint Venture Name: B y: -- SEAL) (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 34 -02 -140 m1l i n 9 DOCUMENT 00510 NOTICE OF AWARD Dated June 23, 2003 TO: Veit & Company, Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 PROJECT NO. 34 -02 -140 PROJECT: Navarre Corporation Trunk Utilities CITY PROJECT NO. 728 You are notified that your Bid dated June 9, 2003 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Navarre Corporation Trunk Utilities for the City of New Hope, Minnesota. The Contract Price of your Contract is Two Hundred Eighty Thousand Four Hundred Ninety Dollars and No Cents ($280,490.00). Four copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Four Sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by July 8, 2003: 1 Deliver to the Owner four fully executed counterparts of the Contract Documents. Each of the Contract Documents must bear your signature. 2 Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC- 5.01). 3 Deliver with the executed Contract Documents the Certificates of Insurance evidencing coverage as specified in the Instructions to Bidders (Article 19), General Conditions (paragraph 5.03) and Supplementary Conditions (Article SC -5). Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with those conditions, Owner will return to you one fully executed counterpart of the Contract Documents. Bonestroo, Rosene, Anderlik & Associates, Inc. (Engineer) By (Authorized Signature) Vincent T. Vander Top, Project Engineer COPY TO OWNER (Title) 34 -02 -140 NOTICE OF AWARD DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope Minnesota (hereinafter called Owner) and Viet & Company, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as Navarre Corporation Trunk Utilities. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bonestroo, Rosene, Anderlik and Associates, 2335 West Highway 36, St. Paul, MN 55113, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIMES 3.01 Starting Date A. The anticipated early start date is August 4, 2003. The actual start date may be delayed, until as late as September 1, 2003, due to site preparation performed by others. B. The actual start date will be dictated by progress made in regards to site grading of the Navarre Corporation property. 3.02 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.03 Dates for Substantial Completion and Final Payment A. The Utility Work will be completed within 25 working days (as defined by MnDOT) after the starting date: 1. This Utility Work includes: a. Sanitary sewer and storm sewer utilities. 2. Remaining work includes: a. Curb and gutter and sidewalk. b. Bituminous patching. c. Restoration. d. All other work involved. 3. All work shall be ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 31, 2003. 34 -02 -140 © 2003 Bonestroo, Rosene, 00520 -1 Anderlik & Associates, Inc. AGREEMENT FORM 3.04 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $200.00 for each day that expires after the time specified in paragraph 3.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $200.00 for each day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds as follows: For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit for a Total Original Contract Amount of $280,490.00 or Two Hundred Eighty Thousand Four Hundred Ninety Dollars and No Cents for the Total Base Bid Items. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, monthly during performance of the Work as provided in paragraphs 5.02.A.1 and 5.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95 % of Work completed (with the balance being retainage). b. 95 % of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100% of the Work completed, less such amounts as Engineer shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.07. 34 -02 -140 © 2003 Bonestroo, Rosene, 00520 -2 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Federal, State, and Local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 34 -02 -140 © 2003 Bonestroo, Rosene, 00520 -3 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Navarre Corporation Trunk Utilities. 7. Addenda (Number One, Inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid Form. c. Documentation submitted by Contractor prior to Notice of Award. d. Any modification, including Change Orders, duly delivered after execution of agreement. 9. The following, which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 34 -02 -140 © 2003 Bonestroo, Rosene, 00520 -4 Anderlik & Associates, Inc. AGREEMENT FORM 9.03 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 34 -02 -140 © 2003 Bonestroo, Rosene, 00520 -5 Anderlik & Associates, Inc. AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on 3 (which is the Effective Date of the Agreement). Owner: A r Contractor: Veit & Com Inc By: [ SEAL Attest le [CORPORATE SEAL] Attest Address for giving notices: Address for giving notices: CITY OF NEW HOPE jq& 1 OVAL 401 XYLON AVE NO . 7 E) MN 5542 License No. (Where applicable) Designated Representative: 1 � t R , O.. ?' YF ? Ji Phone: 763 5loo Facsimile: 2 � `33 513 Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: END OF DOCUMENT 34 -02 -140 © 2003 Bonestroo, Rosene, 005206 Anderlik & Associates, Inc. AGREEMENT FORM DOCUMENT 00550 . IR TO: Veit & Company, Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 FILE NO. 34 -02 -140 PROJECT: Navarre Corporation Trunk Utilities XANA • You are notified that the Contact Time under the above contract will commence to run on , 2003. By that date, you are to start performing your obligations under the Contract Doucments. In accordance with Article 3 of the Agreement, the dates of Substantial Completion (all utility work) is 25 working days (as defined by MnDOT) after the starting date and Final Completion is October 31, 2003. Before you may start any Work at the Site, paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must notify Engineer 24 hours in advance for construction staking services. City of New Hope, Minnesota (Owner) By (Authorized Signatur (Title) COPY TO ENGINEER 34 -02 -140 NOTICE TO PROCEED i 11 I BOND NO. 929282482 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. TRACTOR (Name and Address): it & Company, Inc. .000 Veit Place gers, MN 55374 TER (Naive and Address): ty of New Hope Ol Xylon Avenue North w Hope, MN 55428 -4898 TRACT June 23, 2003 (Date. »t: Two Hundred Eighty ,ription (Name and Location): varre Corporation Trunk w Hope; Minnesota SURETY (Name and Address of Principal Place of Business): Western Surety Company 101 S. Phillips Avenue (PO Box 5077) Sioux Falls, SD 57117 of Notice of Award) Thousand Four Hundred Ninety and 00 1100's ($280,490.00) Utilities, Project No. 34 -02 -140; City Project No. 728, D (Not earlier than Contract Date): July 10, 2003 nint: Two Hundred Eighty Thousand Four Hundred Ninety and 00 /100 ($280,490.00) lifications to this Bond Form: None y and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this rmance Bond to be duly executed on its behalf by its authorized officer, agent or representative. TRACTOR AS PRINCIPAL SURETY tpany: Vei t Inc(Co Seal) Company: Western Surety Co ny (Coip. Seal) mare: Signature: to and Title: - 71 ! Q it 6l U , ' ` Name and Title: KathiYyn A. Dircz, Attorney -In -Fact (Attach Power of Attorney) e is provided below for signatures of additional parties, if required.) CRACTOR AS PRINCIPAL pany: (Corp. Seal) SURETY Company: (Corp. Seal) ature• Signature: .e and Title: Name and Title: C No. 1910 -28 -A (1996 Edition) illy prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General :tors of America, and the American Institute of Architects. -100 8aEJCDC PERFORMANCE BOND 00610 -1 f. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Suretys obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted, to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the Contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 33. The OWNER has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 4.4.1 After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2 Deny liability in whole or in part and notify the OWNER citing reasons therefor. S. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 281 -99 -100 1910- 28aEJCDC 6. After the OWNER has terminated the CONTRACTOR'S right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from th CONTRACTOR's Default, and resulting from the actions or failure to act of th Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in th Contract, actual damages caused by delayed performance or non - performance of th CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others for obligations of th CONTRACTOR that are unrelated to the Contract, and the Balance of the Contra( Price shall not be reduced or set off on account of any such unrelated obligations. N right of action shall accrue on this Bond to any person or entity other than th OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any cou of competent jurisdiction in the location in which the Work or part of the Work'' located and shall be instituted within two years after CONTRACTOR Default within two years after the CONTRACTOR ceased working or within two years aft the Surety refuses or fails to perform its obligations under this Bond, whichev occurs first. If the provisions of this paragraph are void or prohibited by law, ti minimum period of limitation available to sureties as a defense in the jurisdiction' the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other lei requirement in the location where the Contract was be performed, any provision this Bond conflicting with said statutory or legal requirement shall be deemed delet here from and provisions conforming to such statutory or other legal requiremi shall be deemed incorporated herein. The intent is that this Bond shall be consm as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWN to the CONTRACTOR under the Contract after all proper adjustments have bi made, including allowance to the CONTRACTOR of any amounts received or to received by the OWNER in settlement of insurance or other Claims for damage! which the CONTRACTOR is entitled, reduced by all valid and proper paym( made to or on behalf of the CONTRACTOR under the Contract. 12.2. Contract: The agreement between the OWNER and the CONTRACT identified on the signature page, including all Contract Documents and ehan thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which neither been remedied nor waived, to perform or otherwise to comply with the to of the Contract. 12.4. OWNER Default: Failure of the OWNER, which has neither t remedied nor waived, to pay the CONTRACTOR as required by the Contract c perform and complete or comply with the other terms thereof. 00610 -2 (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or c part): Osborne & Associates 420 Gateway Boulevard Burnsville, MN 55337 (952)707 -8238 PERFORMANCE BOI' Western �urety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dirm, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 16th day of August, 2001. ��. WESTERN SURETY COMPANY ,.a °SURET } Cy. c 4 W'� 4` a k;' Stephen T. Pate, Executive Vice President State of South Dakota ss County of Minnehaha On this 16th day of August, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +•.�w.'�`+°"+'+r" +�+"�"`"wa+�w«•y+ X J. MOHR i October 22, 2005 s s t NOTARY PUBLIC SEAL i X SOUTH DAKOTA S s S X My commission Expires 10•_2.2000 1 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporation this 10th day of July 2003 . WESTERN SURETY COMPANY wQ = 'ni4 Aj i^ =v` L. Nelson, Assistant Secretary Form F4280 -0401 Authorizing Sy -Law i .11 This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholde of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in t corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such otl officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasu may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Compai The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 PaymentyBond Bond No. 929282482 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. TRACTOR (Name and Address): leit & Company, Inc. .4000 Veit Place Roggers, MN 55374_ BK (Name and Address): :ity of New Hope N401 Xylon Avenue North Tew Hope, MN 55428 -4898 TRACT SURETY (Name and Address of Principal Place of Business): Western Surety Company 101 S. Phillips Avenue (PO Box 5077) Sioux Falls, SD 57117 June 23, 2003 (Date of Notice of Award) iunt:Two Hundred Eighty Thousand Four Hundred Ninety and 00 1100's ($280,490.00) :riptioti (Name and Location): Navarre Corporation Trunk Utilities, Project No. 34 -02 -140; City Project No. 728, New Hope, Minnesota (Not earlier than Contract Date): July 10, 2003 unt:Two Hundred Eighty Thousand Four Hundred Ninety and 00 1100's ($280,490.00) ifications to this Bond Form: None and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this !nt Bond to be duly executed on its behalf by its authorized officer, agent, or representative. 'RACTOR AS PRINCIPAL nn y: Corp. y Veit om an, in Co Seal ) :ture: and Title: is provided below for signatures of additional parties, if required.) RACTOR AS PRINCIPAL SURETY )any: (Corp, Seal) Company: SURETY Western Surety Co any Company: (Corp. Seal) Signature: Name and Title: Kathr n A. Dircz, Attorney —In —Fact (Attach Power of Attorney) ture: and Title: No. 1910 -28 -B (1996 Edition) Signature: Name and Title: (Corp. Seal) y prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General ors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00 )EJCDC PAYMENT BOND 00620 -1 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided the OWNER has promptly notified the CONTRACTOR and the Surety (at the addresses described in paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there is no OWNER Default. 3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the CONTRACTOR have given notice to the Surety (at the addresses described in paragraph 12) and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the CONTRACTOR: 1. Have furnished written notice to the CONTRACTOR and sent a copy, or notice thereof, to the OWNER, within 90 days after having last performed labor or last fumished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were famished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the CONTRACTOR, or not received within 30 days of furnishing the above notice any corru nunication from the CONTRACTOR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the CONTRACTOR. 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond, By the CONTRACTOR furnishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds for the completion of the Work. 281 -99 -100 1910- 28bEJCDC 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, tc the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond othe than in a court of competent jurisdiction in the location in which the Work or par of the Work is located or after the expiration of one year from the date (1) on whicl the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) or which the last labor or service was performed by anyone or the last materials o equipment were furnished by anyone under the Construction Contract, whicheve' of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibiter by law, the minimum period of limitation available to sureties as a defense in th jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed c delivered to the addresses shown on the signature page. Actual receipt of notice b Surety, the OWNER or the CONTRACTOR, however accomplished, shall b sufficient compliance as of the date received at the address shown on the signatut page. 13. When this Bond has been furnished to comply with a statutory or other leg: requirement in the location where the Contract was to be performed, any provisic in this Bond conflicting with said statutory or legal requirement shall be deeme deleted here from and provisions conforming to such statutory or other leg requirement shall be deemed incorporated herein. The intent is, that this Bond sh be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shi permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with t CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish lab materials or equipment for use in the performance of the Contract. The intent this Bond shall be to include without limitation in the terns "labor, materials equipment" that part of water, gas, power, light, heat, oil, gasoline, telepho service or rental equipment used in the Contract, architectural and engineeri services required for performance of the Work of the CONTRACTOR and t` CONTRACTOR's Subcontractors, and all other items for which a mechanic's li may be asserted in the jurisdiction where the Labor, materials or equipment wi furnished. 15.2. Contract: The agreenment between the OWN-FR and , CONTRACTOR identified on the signature page, including all Contr Documents and changes thereto. 15.3, OWNER Default: Failure of the OWNER, which has neither ba remedied nor waived, to pay the CONTRACTOR as required by the Contract or perform and complete or comply with the other terms thereof. PAYMENT BON 00620 -2 Western �urety Company Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed 'hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi Bromley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 16th day of August, 2001. State of South Dakota ss County of Minnehaha On this 16th day of August, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + t J. MOHR i October 22, 2005 r sir NOTARY PUBLIC sE t s r SOUTH DAKOTA t T t nay Commission Expires IO•'?•ZOOu' J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 10th day of July 2003 . WESTERN SURETY COMPANY g Op R Rr o- H pai�� L. Nelson, Assistant Secretary Form F4280 -0401 WESTERN SURETY COMPANY 3r` `rgAy.`a sO� tMr ; Stephen T. Pate, Executive Vice President State of South Dakota ss County of Minnehaha On this 16th day of August, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + t J. MOHR i October 22, 2005 r sir NOTARY PUBLIC sE t s r SOUTH DAKOTA t T t nay Commission Expires IO•'?•ZOOu' J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 10th day of July 2003 . WESTERN SURETY COMPANY g Op R Rr o- H pai�� L. Nelson, Assistant Secretary Form F4280 -0401 Authorizing By -Law This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholde of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in t corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such otl officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasu may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Compa The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 4CO D CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDNY) TM 08/04/2003 )UCER (9S2)707-8200 FAX (952)890 -0535 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 3orne & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 Gateway Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. rnsville, MN 55337 - 2790 INSURERS AFFORDING COVERAGE RED Veit & Company, Inc INSURER A. St Paul Mercury Insurance Company 14000 Veit Place INSURER B: National Union Fire Insurance Co. of PA Rogers, MN 55374 INSURER C: Amerincan Intl Specialty Lines Ins. Co. INSURER D: INSURER E fERAGES IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING IY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR kY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH )LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER P LI Y EFFECTIVE 'uATE M Jii'uGri^ /' POLI Y EXPIRATION D>TE', r,4 LIMITS GENERAL LIABILITY K C06300011 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1, 000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100,000 CLAIMS MADE I I OCCUR MED EXP (Any one person) $ 10,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000, GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000, POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY K C06300011 01/01/2003 01/01/2004 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000, BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA AC C $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY B E2131383 01/01/2003 01/01/2004 EACH OCCURRENCE $ 5 OCCUR D CLAIMS MADE AGGREGATE $ S ,000,000 $ DEDUCTIBLE $ RETENTION $ WORKERS C01 AND W.K6301071 01/01/2003 01/01/2004 X ORY LIMITS 1 ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500, 000 E. L. DISEASE - EA EMPLOYEE $ 5 00,00 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER , Pollution P08198891 01/01/2002 01/01/2004 $2,000,000 Each Loss .ontractor s -lability $2,000,000 Aggregate $15,000 Deductible RIPTION OF OPERAT IONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS estroo, Rosene, Anderlik & Associates, Inc. are Additional Insureds under the Commercial General ility. re: Navarre Corporation Trunk Utilities Project. Additional Insured endorsement and the Commercial General Liability Policy do not afford coverage Professional Liability exposure or any professional services of architects, engineers, or surveyors *non- renewed or materially changed i HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLXV40M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of New Hope X' XXNX X%)MKXXWXMNXKOMYjiX)6XiXUX LI MMXX fXX 4401 Xyl on Avenue North KXX*XdNMXK XXXXXXXX New Hope, MN 55428 -4898 AUTHORIZED REPRESENTATIVE � Mark Kamof /CSDGD RD 25 -S (7/97) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SECTION 01100 PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project, and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Navarre Corporation Trunk Utilities. B. Description of Work: Realignment of trunk sanitary line and storm sewer to avoid conflict with future building site. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off site. 34 -02 -240 0 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -1 SUMMARY B. Access to Site: 1. Site access will be limited to a single location accessible from 49' Ave. N. C. Other Work at Site: I. Preliminary site grading is to be performed BY OTHERS prior to any work involved with this contract. 2. The installation and revision of electric power, telephone lines, gas lines and cable TV by private utilities is anticipated. 3. Demolition of existing buildings, structures, and pavements. 4. Construction, including building construction, utility installation, site grading, and/or any other site work related to the development of the property. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100-2 SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for overall project coordination. i 1 1 A. Notify Gopher State One Call before starting construction in a given area, requesting utility locates in the field. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on Site, and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Gregory S. Plumedahl, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763 - 493 -1670; fax: 763 - 493 -1501. 5. Gas: Reliant Energy, Minnegasco, Laura Hirsch, P.O. Box 1165 Minneapolis, MN 55440 -1165; ph: 612 -321 -5177; fax: 763- 321 -5480. 6. Telephone:, Qwest, Carrie Oster, 9700 Schmidt Lake Road, Room 155 Plymouth, MN 55442; ph: 763 -531 -8997; fax: 763 - 536 -5098. 7. Cable TV: AT &T Broadband, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112 -6930; ph: 651- 493 -5316; fax: 651- 493 -5116. 8. Railroad: Canadian Pacific Railway, Dennis Little; ph: 612 - 904 -6008; CPR "ONE CALL" - 888 - 625 - 8702: C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 34 -02 -140 © 2003 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik &Associates, Inc. 01310 -1 COORDINATION 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer and Resident Project Representative a minimum of 48 hours notice in advance of the need for establishing lines and grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.10 of the Supplementary Conditions. 1.05 PROJECT MEETINGS A. Administrative Requirements: 1 Project Superintendent or persons designated by the Contractor to attend and participate in the project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the project meetings. 2. Engineer will set the time and sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute one copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of Subcontractors, and Suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330 — Submittals Procedures. C. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 34-02-140 C 2003 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310-2 COORDINATION 1.05 CONSTRUCTION SCBEDULING A. Sequencing and Scheduling: 1. The 8 inch sanitary line, from MI-I-1 to Ex. MH, shall be installed first. Installation of this line is a priority for the building contractor to make the necessary service connections for the building development. 2. Access to Navarre Corporation parking lot must be maintained at all times during construction. 3. Traffic flow on 49`' Avenue North must be maintained at all times during construction. 4. No interruptions to sewer flow through existing trunk lines will be allowed. 5. Water shutoffs must be coordinated with Owner's Public Works Dept. 6. Canadian Pacific Railway shall be contacted a minimum of three (3) working days in advance of any work near or under the tracks. See Utility section for contact person. 7. CPR maintains fiber optic and railroad facilities throughout their rail system. CPR "ONE CALL" should be notified for locates. See Utility section for phone number. 8. Any costs (flagging, inspections, repair work, etc.) incurred by CP Rail in connection with this project will be charged to the Contractor. The estimated cost for railroad flagging service is currently $450 per day. 1.07 SUBMITTALS A. Submit a minimum of four copies of shop drawings plus the quantity of copies the Contractor wants returned. •v•& Not Used PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 © 2003 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310 -3 COORDINATION SECTION 01330 PART 1- GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Submit drawings showing the plans for the sanitary sewer by -pass pumping and traffic control for 49 Avenue North. C. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 34 -02 -140 C 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330-1 SUBMITTAL PROCEDURES 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, and installation, testing, start -up, instruction of Owner, and clean -up. D. As Work progresses, revise, update and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -112" x 11" paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -112 inch x 11 inch. Non - legible copies will not be reviewed. C. Submit a minimum of three (3) copies of shop drawings plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and specification section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330 -2 SUBMITTAL PROCEDURES D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall revise submittal and conform to the resubmittal procedures described in paragraph 6.17.17 of the General Conditions. 4. "Not Approved" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in paragraph 6.17.17 of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15% mark -up. A. Submit three copies of all inspections, tests and approvals required in the Specifications. 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330 -3 SUBMITTAL PROCEDURES 3.45 MATERIAL AND SAFETY DATA SHEETS A, Furnish Owner with current copies of material safety data sheets for all chemicals and products on Site. 3.06 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330 -4 SUBMITTAL PROCEDURES SECTION 01400 QUALITY REQUIREMENTS PARTI - GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality Assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2000 Edition and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Submit copies of laboratory test results or analysis in consistent with 01330 — Submittal Procedures. C. Manufacturer's certificates of quality control or performance. A. Comply with industry standards of the region except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 34 -02 -140 Q 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-1 QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at site or source, transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples. A. After each inspection and test, submit three copies of laboratory report to Engineer. B. Include: Date issued, project title and number, name of inspector, date and time of sampling or inspection, identification of product and specifications section, location in the project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with "shop drawings, certifying that products meet or exceed specified requirements, executed by responsible officer. 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up; of equipment; and test, adjust, and balance of equipment. 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400-2 QUALITY REQUIREMENTS PART 2-PRODUCTS Not Used PART 3 - EXECUTION I a I I A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-02-140 (D 2003 Bonestroo, Rosene, Anderfik & Associates, Inc. 01400-3 QUALITY REQUIREMENTS SECTION 01500 �r�► rz��s: �:ii��r:t�a�r�r���y :.�+����jr�y PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. State of Minnesota, Department of Transportation "Standard Specifications for Construction" 2000 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (Ml \4UTCD) including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. R M TIM A. Submit Traffic Management and Control Plan consistent with Section 01330 — Submittals Procedures. Plan shall include the following information: 1. Haul and access routes. 2. Traffic control measures. 3. Permits or applications required by local authorities. 4. Temporary facilities required, including bypass pumping. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials and all other items required to complete the Work to the Site. B. Establish Contractor offices and building or other facilities necessary for work on the Project. 34 -02 -140 © 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -1 AND CONTROLS C. Temporarily hold or relocate utilities, and any miscellaneous structures such as signs, power poles, guy wires and mailboxes disturbed. 3.02 SIGNS, MAIL BOXES, ETC, REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all Non -City or County owned signs, posts, etc., that may be within the construction limits as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts, and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to substantial completion. Removal, temporary re- installation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit, or as directed by Engineer. B. Temporary Water for Construction: Use of new or existing hydrants is prohibited except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units or water and sewer connected temporary toilet facilities consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 34 -02 -140 © 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01300-2 AND CONTROLS 3.05 TEMPORARY CONSTRUCTION A. By Pass Pumping: 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. B. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control and protect traffic throughout the project area. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. C. Flaggers are required to protect construction vehicles during unloading construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names, addresses, and phone numbers of at least three (3) individuals responsible for the placement and maintenance of traffic control devices. At least one of these individuals shall be "on call" 24 hours per day, seven days per week, during the time any traffic control devices furnished and installed by the Contractor are in place. 34 -02 -140 © 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -3 AND CONTROLS 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on, or related to, this project, within one (1) hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include, but not be limited to, removing grime and dust deposited on any device by traffic or natural causes, or when requested by Engineer. 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs if this item. B. A Bid Item has been provided for By -Pass Pumping. Measurement is Lump Sum. Payment shall be included in the Base Bid. C. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 Q 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500-4 AND CONTROLS SECTION 01570 PARTI-GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota, Department of Transportation "Standard Specifications for Construction," 2000 Edition (MnDOT Spec.): 1. 1803 — Prosecution of Work. 2. 2573 — Temporary Erosion Control. 3. Technical Memorandum No. 99-23-ENV-03 & Attachment. 4. Technical Memorandum No. 99-27-ENV-05. B. American Society of Testing and Materials (ASTM): I D4355 —Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water. 2. D4491— Test Methods for Water Permeability of Geotextiles by Pernlitivity. 3. D4632 — Test Method for Breaking Load and Elongation of Geotextiles. 4. D4751 — Test Method for Determining the Apparent Opening Size of a Geotextile. 34-02-140 @ 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570-1 EROSION AND SEDIMENT CONTROL 0111 ir"15111K� A. General: 1. This project does not disturb five or more acres of total land area. Submission of the application for the MPCA's General Storm Water Permit for Construction Activity is not required. 1.05 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. Erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02920 — Lawns and Grasses to prevent excessive soil erosion. C. Remove silt fence installations after the site has become stabilized and turf is developed to the extent that future erosion is unlikely: I . Any ridge or depression left as a result of fence removal will be appropriately repaired and restored. 2. Materials remaining after removal shall become the property of the Contractor and shall be disposed of off the construction site. D. Remove bales after the slopes and ditches have been stabilized and turf developed to the extent that future erosion is unlikely: 1. The bales may be used as mulch or be disposed of satisfactorily. 2. Ditches and slopes shall be reshaped, sumps and trenches filled, excess eroded material disposed of and turf established as required. 34 -02 -140 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -2 EROSION AND SEDIMENT CONTROL PART 2 - PRODUCTS 2.01 SILT FENCE A. Machine Sliced Silt Fence: 1. Geotextile Fabric: Monofilament/tape (vertical /horizontal respectively) or Monofilament/Monofilament Geotextile with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 130 lb. b. Flow Rate (ASTM D4491): 100 gal/min/sq. ft. C. Apparent Opening Size (ASTM D4751): #30 — 40 sieve. d. Width: 36 inches. e. Ultraviolet Resistance (ASTM D4355): 70 %. f. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. 2. Posts: Standard steel fence posts weighing not less than 1.33 pounds per lineal foot. Minimum length 30 inches plus burial depth. B. Heavy - Duty Silt Fence: 1. Geotextile Fabric: Woven wire fence fabric with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 48 inches. d. Ultraviolet Resistance (ASTM D4355): 70 %. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. f. 14 -1/2 gauge wire with 6 inch mesh spacing. 34 -02 -140 O 2003 $onestroo, Rosette, Anderlik & Associates, Inc. 01570 -3 EROSION AND SEDIMENT CONTROL 2. Posts: Standard steel fence posts weighing not less than 1.33 pounds per lineal foot. Minimum length 30 inches plus burial depth. C. Standard Silt Fence: 1. Geotextile Fabric: Woven wire fabric with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 36 inches. d Ultraviolet Resistance (ASTM D4355): 70 %. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. 2. Posts: 2 inch by 2 inch wood. 2.02 FLOATING SILT CURTAIN A. Floating Silt Curtain shall be constructed of fabric fastened to a floatation carrier and weighted along the bottom edge. Conform to the requirements of MnDOT Spec. 3887, Still Water Type. 2.03 BALE CHECKS A. Type 1 mulch or straw, hay, excelsior mulch, corn stalks or other approved material, in good condition. B. All bales shall be either bound with wire or tied with nylon string. 2.04 EROSION CONTROL BLANKET A. The blanket shall be constructed of 70 percent straw and 30 percent coconut fiber (coir) and be woven together with photo- deteriorating synthetic material. B. Each square yard of material shall weigh approximately 0.51bs. dry weight. C. Wire staples are to be used to secure the blanket will be of a length and a placement pattern as specified by the manufacturer to insure the blanket will perform as specified. 34 -02 -140 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -4 EROSION AND SEDIMENT CONTROL 2.05 TEMPORARY ROCK CONSTRUCTION ENTRANCE A. 2 inch size (min) washed river rock. PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: 1. Silt fences will be installed in the locations shown on the Drawings and according to the manufacturer's specifications. 2. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units, with each unit having a length less than 600 feet. All splices shall be avoided whenever possible. If necessary, splices will be made at a fence post and according to the manufacturer's specifications. B. Bale Checks: 1. Bale Checks shall be installed in locations shown on the Drawings: a. The bales shall be installed so that the bindings run around the sides rather than along the tops and bottoms of the bale. C. Sandbag Barriers: 1. Bags shall be about one -half to two- thirds full of clay, silt or sand. The sacks shall be laid stretcherwise for the first layer, crosswise for the second layer, and alternating until the required height is reached. The sacks shall overlap at least one -third each way and be well mauled into place. D. Temporary Diversion Mounds: 1. Temporary Diversion Mounds shall be installed in locations shown on the Drawings. 34 -02 -140 0 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -5 EROSION AND SEDIMENT CONTROL E. Temporary Rock Construction Entrance: 1. Rock construction entrance shall be installed in locations shown on the Drawings. 2. Rock construction entrance shall be constructed before grading begins on the site. 3. Inspect rock construction entrance regularly for mud accumulation. F. Temporary Sediment Basins: 1. Sediment basins will be excavated as a first priority when grading begins on the project. The location and outlet configuration are shown on the Drawings. 3.02 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.D and as follows: 1. Contractor is responsible for inspection, maintenance and repair of any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf reestablishment and street sweeping of mud and debris tracked from the site. 2. Contractor is responsible for the maintenance and repair of all temporary erosion control devices. 3. Inspection of all erosion control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately: a. If the bale checks continue to be required for an extended period of time, they are to be replaced after 3 months and as necessary. b. Temporary sediment basins will be inspected and their original design volume will be restored following each run off event. Any outlet structure, riprap or associated spillway will also be restored when sediment has limited its usefulness. 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -6 EROSION AND SEDIMENT CONTROL 3.03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided in the Bid Form for Silt Fence: Measurement and payment will be by the linear foot of silt fence installed as directed by the Engineer. B. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 © 2003 $onestroo, Rosene, Anderlik & Associates, Inc. 01570 -7 EROSION AND SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the contract for final payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division I — General Requirements sections: 1. Record Documents Written Notification of Substantial Completion Executed Certificate of Substantial Completion Written Notification of Final Completion Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents 2. Final Application for Payment, including accompanying documentation IC -134 Forms. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 34 -02 -140 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -1 EXECUTION REQUIREMENTS 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper as needed. E. If Contractor fails to maintain Site, Engineer will provide written notice of Contractor's defective Work. Contractor will be given 12 hours from the notice to clean Site. After the 12 hour period, Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. A. Clean and protect work in progress and adjoining work, during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 34 -02 -140 @ 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700-2 EXECUTION REQUIREMENTS 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the project and prior to final payment, the Contractor and all Subcontractors shall complete Minnesota Department of Revenue Revised Form IC- 134. This form, affidavit for obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Centennial Office Building, St, Paul, Minnesota, 55145 or calling (651) 297- 3737. [ c1�L�T15T_�Yla21►ila�►lr A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -02 -140 O 2003 Bonestroo, Rosene, Anderlik & Associates Inc. 01700 -3 EXECUTION REQUIREMENTS JENSEN & ►S. ONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail lawCa j en sen- sondrall. com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD October 17, 2003 rt Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Navarre Corporation PUD Development Agreement and Variance Our File No.: 99.20301 Dear Kirk: Please find enclosed for the City files relating to the Navarre Corporation warehouse expansion the following documents: 1. Original signed Planned Unit Development Agreement and Variance for Navarre Corporation, including Exhibits A - K; 2. Copy of Quit Claim Deed transferring title of the Ahrens Trucking facility to Navarre Corporation, dated September 25, 2003; 3. Copy of a Closing Statement in connection with the Ahrens property transfer, dated September 25, 2003; 4. Copy of Seller's Affidavit executed by the Mayor and City Manager; 5. Original Assignment and Assumption of Contract for Private Redevelopment, entered into by Navarre Corporation and New Hope, LLC, relating to the November 12, 2002 Contract for Private Redevelopment with the New Hope EDA; and 6. Copy of the Certificate of Real Estate Value. 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa Please place these documents in the appropriate City files. Contact me if you have any questions or comments regarding the enclosed documents. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sasQajensen- sondrall.com After Hours Extension #147 Enclosures cc: Valerie Leone, New Hope City Clerk P: \Attorney \SAS \Letters \CNH99.20301 -006 -Kirk Ltr.doc C:(DFIY JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @jensen - sondrall.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A. SONDRALL October 17, 2003 STACY A. WOODS OF COUNSEL LoRENs Q. BRYNESTAD Beth Gerstein Timm, Esq. Winthrop & Weinstine, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 -4629 Re: Exhibits for PUD Development Agreement and Variance for Navarre Corporation Our File No.: 99.20301 Dear Beth: Please find enclosed for your files Exhibits A -K for the PUD Development Agreement and Variance for Navarre Corporation. These Exhibits are identified in paragraph 4 on page 7 of the Agreement. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension #147 Enclosures cc: jKirk McDonald, Community Development Director, City of New Hope P: \Attomey\ SAS \Letters \CNH99.20301 - 007 -Atty Timm Ltr.doc 'Real Property Law *� Specialist Certified By The Minnesota State Bar Association � 'Admitted in Iowa JENSL' N & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @j ensen- sondrallxom DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A. SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association Admitted in Iowa November 10, 2003 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Navarre Corporation Development /PUD Development Agreement and Contract for Private Redevelopment Our File No.: 99.20301 Dear Val: Please find enclosed for the City's file the following documents relating to the Navarre Corporation development: 1. First Amendment to PUD Development Agreement and Variance for Navarre Corporation; and 2. EDA Subordination Agreement in connection with Contract for Private Redevelopment. // // Z-/0 These documents are original documents and should be attached to the documents they amend as indicated above. Please contact me if you have any questions or comments regarding these documents. Very truly yours, S.. Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension #147 cc: Kirk McDonald, Community Development Director (w /copy of enc.) P: \Attorney\ SAS \Letters \CNH99.20301 - 010 -VaI Ltcdoc Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law0 j ensen- sondrall.com DOUGLAS J. DEBNER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD C(OPY VIA Personal Delivery November 10, 2003 Beth Gerstein Timm, Esq. Winthrop & Weinstine, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 -4629 RE: Navarre Documents /First Amendment To The PUD and Subordination Agreement Our File: 99.20301 Dear Beth: Please find enclosed three signed originals of the following documents: 1. First Amendment To PUD Development Agreement And Variance For Navarre Corporation, and 2. EDA Subordination Agreement. 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa I have not included the "Termination Of Agreements" document since it terminates the Declaration Of Covenants relating to the shared parking agreement with the Hoyt property to the east of the Navarre building. I don't believe these covenants can be released since the shared driveway arrangement with the adjacent property is not being altered by the new development. Please let me know how you wish to deal with an amendment to the "Termination of Agreements" document in light of this issue with the adjacent property. I also spoke with Dan Rosen on Friday November 7' regarding the signed acknowledgments of service and the quit claim deed. He assured me we will receive these documents on Monday the 10'. However, as I indicated in my recent e-mail, we need to immediately address the $603,000.00 condemnation award appeal issue. Please let me know how your client wishes to proceed on this matter. November 10, 2003 Page 2 Finally, the easement vacation is on track for the November 24, 2003 Council Meeting. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension #147 Enclosures cc: Kirk McDonald P: \Attorney \SAS \Letters \CNH99.20301 - 009 -Atty Timm ltr re documents.doc FIRST AMENDMENT TO PUD DEVELOPMENT AGREEMENT AND VARIANCE FOR NAVARRE CORPORATION This First Amendment to PUD Development Agreement and Variance for Navarre Corporation ( "Amendment ") dated as of the day of October, 2003, is between the City of New Hope, a Minnesota municipal corporation (hereinafter the "City ") and Navarre Corporation, a Minnesota corporation (hereinafter the "Developer "). WHEREAS, the City and the Developer entered into that certain PUD Agreement and Variance for Navarre Corporation dated September 25, 2003 (the "PUD "); and WHEREAS, the parties desire to amend the PUD as provided for in this Amendment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer hereby agree to amend the PUD as follows: 1. Replacement Paragraph 10. Revocation of Variance Paragraph 10 of the PUD is hereby deleted in its entirety and replaced with the following new Paragraph 10: "10. Revocation of Variance The City Council approved three (3) Variances for the Property as part of the City Council's approval of the PUD. Any violation of the terms of the Variance will also constitute a breach of this Agreement, permitting the City to exercise its rights under Paragraph 9 of this Agreement, in addition to and not exclusive of, any remedies the City has at law for violation of the terms of the Variances. 2. Effect on PUD Except to the extent revised by this Amendment, all of the terms and conditions of the PUD shall continue in full force and effect. 3. Counterpart Execution; Effectiveness This Amendment may be executed in counterparts, each of which will be deemed an original but all of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above stated. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) I: The foregoing instrument was acknowledged before me this 23rd day of October, 2003, by ¢ (rt6T the CH 11 f FCC LAS 011Qlr Navarre Corporation, a Minnesota corporation, on behalf of said corporation. My Commission Expires: 1�� 0-�3 ir K L"'j ULA HENDRICKSO Public Minnesota mission Expires January 31. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Notary ublic CITY OF NEW HOPE B -� y . G Its: Mayor By: — -- Its: Cityy anager l7- The foregoing instrument was acknowledged before me this c;0 day of October, 2003, by W. Peter Enck and Daniel. Donahue, the Mayor and Manager, respectively, for the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. My Commission Expires: ;, f (91t Notary Public 2069368v1 STEVEN A. SONDRALL NOTARY PUBLIC - MINNESOTA y ` My Correa. EvIres Jan. 31, 200)5 r a � v® PUD DEVELOPMENT • 1 V AR IAN CE t. 1T.4,V4, CORPORATION 1. Parties to Agreement This Agreement dated thea of , 2003, is between the City of New Hope, a Minnesota municipal corporation (hereafter City) and Navarre Corporation, a Minnesota corporation (hereafter Developer). 2. Subject Property The Developer is the owner of the following - described property which is the subject of this Agreement (hereafter Property): Parcel 1 The East 145 feet of the South' /4 of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21. Parcel 2 That part of Outlot A embraced within the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, Five Thousand Winnetka 2nd Addition. Parcel 3 Outlot A, Five Thousand Winnetka 2 °d Addition, Hennepin County, Minnesota. Parcel 4 The West 160 feet of the South 300 feet of the West V7, of the Southeast i /4 of the Northwest �/ of Section 8, Township 118, Range 21. The Property will be platted as Lot 1, Block 1, Paulsons Prairie, Hennepin County, Minnesota. 3. Variance and Planned Unit Development Approval A. The Developer has petitioned the City for a Planned Unit Development (hereafter PUD) for the Property. A PUD is required due to the Developer's request to combine the above - described parcels, construct an approximately 110,670 square foot office warehouse on the combined parcels and connect or "link" the new office warehouse to an existing office warehouse immediately east and adjacent to the property at 7400 — 49 Avenue North. The Developer currently leases the existing office warehouse at 7400 — 49 Avenue North. The new and existing structure will be linked across their respective property lines pursuant to an Agreement of Reciprocal Easements, Covenants, Conditions and Restrictions between the Developer and Cambridge Apartments, Inc., the owner of the property at 7400 — 49 Avenue North. There will be two connections or "links" as shown on the attached exhibits. The Agreement of Reciprocal Easements, Covenants, Conditions and Restrictions shall be subject to review and approval by the City Attorney. Said documents shall address at a minimum maintenance and removal of the link or connection structures. Easements shall also address the shared parking and ingress and egress rights of the parties. The cross easement relating to the link or connection improvements shall remain effective during the entire duration of the Developer's lease or renewal of the lease for the property at 7400 — 49 Avenue North. B. Three variances are also required and made a part of this Agreement as follows: (i) Spacing Variance for Driveway Code requires driveways to be spaced at a minimum of 40 feet apart. The Property's westerly driveway is approximately 25 feet from the apartment complex immediately to the west of the Property. A 15 -foot variance is hereby granted to accommodate this driveway as shown on the plans attached. (ii) Construction Variance for Connection Linkage Code prohibits construction of improvements within setback areas. The linkage connections between the Property and the existing warehouse on the 7400 — 49 Avenue North property will be constructed within the setbacks of both properties. A variance is approved for both properties permitting construction of this linkage as shown on the plans attached, conditional upon acceptable and recordable cross easements and maintenance agreements between the Developer and the owner of the property at 7400 — 49 Avenue North, Cambridge Apartments, Inc. (iii) Curb and Gutter Variance Code requires curb and gutter construction around all parking areas and driveways. A variance is permitted to allow for no curb and gutter on the driveway along the north side of the property as shown on the plans, subject to construction of a swale in the pavements design to control the small amount of runoff toward the storm water collection facilities also shown on the plans. C. The City hereby approves the PUD and all three Variances on the condition that the Developer enters into this Agreement and complies with its terms, and upon the following conditions: (i) Final Plat The final plat shall be revised in accordance with the recommendations of the City Engineer in his correspondence of January 29, 2003 and February 26, 2003 as follows: (1) The north -south drainage and utility easement shall be centered on the trunk sanitary sewer. The easement shall be moved 5 feet west. (2) The right -of -way for 49 Avenue North shall be 40 feet from the centerline consistent with City collector roads. (3) Drainage and utility easements must be modified in the southwest corner of the Property to include the storm sewer. (4) The wetland delineation on the north side of the building must be shown. (5) The Nurp Pond utility easement shall be shown The final plat shall also be revised in accordance with the recommendations of the City Attorney in his correspondence of June 4, 2003 as follows: (6) The commitment for title insurance submitted as title evidence indicates General Electric Capital Corporation has a mortgage on the Property. General Electric Capital Corporation must either execute the final plat or it must execute a Consent and Joinder to the final plat. (7) The language referring to the "City Council of New Hope, Minnesota" for execution by the City officials shall be changed to simply indicate the execution is on or behalf of the "City of New Hope, Minnesota ". D. Plans. (i) Comply with all recommendations of the City Engineer made in his January 29, 2003 and February 26, 2003 correspondence and comply with all recommendations of the City Planner made in his January 30, 2003 and February 26, 2003 correspondence including but not limited to the following: (1) Developer shall submit a list of all existing easements to be vacated. (2) The railroad spur easement shall be identified and documentation on the easements submitted to the City. 3 (3) Acceptable joint ingress and egress easements with the adjacent property at 7400 — 49 Avenue North must be identified and documentation of the easement submitted to the City. (4) The elevation of the storm water pond must be coordinated with the regional trunk storm sewer. (5) Structural plans from a registered engineer for the retaining wall must be submitted to the City before its construction. (6) Plans for removal of the Ahrens Trucking facility must be submitted to the City prior to commencement of the demolition. The plan must include detail regarding disconnection of utilities and handling of hazardous materials. (7) Bituminous thickness of the parking lot and driveway pavement shall be increased by t/2 inch for each section and a geo- textile fabric must also be used on the subgrade. (8) Developer shall obtain the required MPCA NPDES construction permit. (9) Protection measures must be defined for the existing trunk sanitary sewer during construction of building footings. A detail shall be submitted showing the distance between the sanitary sewer and the footing and a City representative must be present during construction in this area. (10) All plans must be submitted to the Single Creek Watershed District for review and approval. The plans shall be submitted through the City. (11) Project coordination shall be done with the City's sanitary sewer and storm sewer relocation projection. (12) The Developer shall clear and grade the site, including the removal of the Ahrens Trucking facility, prior to the relocation of the trunk utilities. The Developer will remove the trunk storm sewer and construct interim measures that assures storm drainage. The City's contractor will occupy the site after the preliminary grading while the building construction begins. The City will abandon the trunk sanitary sewer. The City and Developer will make all reasonable efforts to insure coordination throughout the project. n (13) The Developer shall submit a detailed construction schedule prior to construction. The schedule must include specific actions and milestones as follows: (a) Identify when the City's contractor will be able to occupy the site for construction. (b) Identify when Ahrens Trucking demolition will be complete. (c) Identify when the site clearing and grubbing will be complete. (d) Identify a schedule for site grading. (e) Verify watermain and local storm sewer construction will occur after the City utility construction. (f) Identify schedule for the building construction. (g) Identify substantial completion date for the City utility work. (14) During construction, dust control will be provided. Noise shall be controlled by limiting work hours. (15) Traffic control and signage for vehicular and pedestrian traffic past the site shall be provided during construction as directed by the City. (16) All truck traffic hauling material off -site shall follow 49 Avenue to Winnetka Avenue to Bass Lake Road. "Trucks hauling" and any other pertinent signing will be required. Erosion control at the site entrance and on 49 Avenue will be enforced including street sweeping and a rock construction entrance. (17) Soil boring information shall be submitted to the City when available. This is required for the trunk sanitary sewer line design. (18) The parking lot and drive pavement section must be identified. Drive sections must be based on anticipated truck traffic. (19) Existing driveway aprons and sidewalk along 49 Avenue must be removed and replaced in accordance with the configuration of the approved site plan. 5 (20) Storm sewer and pond calculations for quality and quantity shall be submitted and shall include: (a) Quantit : Calculate changes in runoff rates for 2,10 and 100 - year rates. Design storm sewer for 10 -year event. Identify pond discharges. Identify 100 -year overflow routes. (b) Qualit : Demonstrate the NURP standards are met for the site. (21) A Pond Maintenance Agreement must be established for the new pond on the Property. (22) Access to the storm sewer between the two buildings for maintenance must be demonstrated. The ground surface (i.e. pavement, rock, turf) between the buildings must also be identified. (23) Hydrants must be located according to the Fire Department's requirements. Five (5) hydrants must be shown on the plans not more than 300 feet apart, capable of 4,750 gallon per minute water flow. (24) The City utility project will result in a cut into 49 Avenue. The proposed Navarre improvements show connecting to an existing watermain near Quebec Avenue. The plans depict this connection outside of (north of) 49 Avenue. The location of this watermain connection shall be verified. If the water main connection will impact 49 Avenue, the connection shall occur at the same time as the sanitary sewer connection to prevent multiple disturbances to 49 Avenue. (25) The pond outlet in the northwest corner of the pond into the structure on the trunk storm sewer shall be placed by the City. (26) A fiber blanket will be required or other approved erosion control measures around the ponding area. Cl (27) The four spruce trees at the northeast corner of the existing Navarre building shall be relocated to accommodate the access road on the north side of the building. (28) A revision to the landscaping plan shall be submitted to address the issue with the top of the retaining wall subject to the approval of the City staff and Engineer and to identify the sprinkler system for the front landscaping areas. E. The Developer must execute this PUD Development Agreement and provide the financial security required by paragraphs 5 and 6 herein before application for any building permit. F. Maintenance of all landscaping shown on the attached Landscape Plan shall be permanently maintained as a condition of this Agreement. Developer agrees to replace any dead landscaping during the term of this Agreement and acknowledge the landscaping shown on the plans is a minimum that shall be maintained while this Agreement is in effect. G. The Developer will provide the City with a title insurance policy for $100,000.00. The parties agree this is a reasonable value of the City's insurable interests in the public easements and street right -of -ways shown on the plat. H. Developer shall submit to the City acceptable easements for the shared private watermain, access for emergency vehicles, parking ingress and egress, storm water drainage, connection links and utility relocation. 4. Development Exhibits The Developer shall develop the Property in accordance with the plans shown on the following exhibits. If the exhibits vary from the written terms of this Agreement, the written terms of this Agreement shall control. The exhibits are: Exhibit A -- Narrative Exhibit B -- Title Sheet Exhibit C -- Preliminary Plat (dated 1 -24 -2003) Exhibit D -- Grading and Erosion Control Plan Exhibit E -- Utility Plan Exhibit F — Landscape Plan Exhibit G — Site Plan Exhibit H -- Floor Plans Exhibit I -- Exterior Elevations Exhibit J -- Photometric Plan Exhibit K -- Turning Movement 7 5. The Work The work (hereafter Work) shall consist of the improvements described in the attached Exhibits, including any approved subsequent amendments, which shall be performed by the Developers to the City's satisfaction in compliance with all applicable codes, ordinances, standards, and policies of the City. The Work includes all on -site exterior amenities as shown on the plans including, but not limited to, landscaping, private drives, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fences, fire lanes, sidewalks, and trash disposal enclosures. The Work to be secured by the financial guarantee shall specifically include the following: Item Amount Storm Sewer and Structures $64,000.00 Landscaping $10,000.00 Retaining Walls $51,000.00 Watermain and Service $31,000.00 Sanitary Sewer Service $6,000.00 Paving and Parking Lot $30,000.00 Sidewalk $2,000.00 Subtotal of Construction Costs $270,000.00 + 50% Increase $135,000.00 TOTAL RECOMMENDED BOND AMOUNT $405,000.00 6. Financial Guarantee To secure performance of the Work under this Agreement, and payment of all administrative expenses to the City, the Developers shall furnish the City with a bond in the amount of $405,000 before any work is started or building permits issued. The bond may take any of the following forms: A. Cash deposit at no interest; B. Assigned Saving Certificate - interest to Developer; C. Corporate Surety Bond; and D. Irrevocable Letter of Credit for two year term. 7. Developer agrees to reimburse the City for, and the financial guarantee shall also secure payment to the City of, all administrative expenses, including legal and engineering fees, associated with this PUD and Agreement. Developer further agrees to pay, and the financial guarantee shall also secure payment of, all costs to the City to enforce this Agreement, including engineering and legal fees. 8. Completion of Work The Developer agrees that the Work shall be completed in its entirety on or before the 31 day of December, 2004 (hereafter Completion Date), and no extension of time shall be valid unless the same shall be approved in writing by the City. An extension of time shall be valid whether approved by the City before or after the Completion Date, and failure of the City to extend the time for completion or to exercise other remedies shall not cause a forfeiture of the City's rights hereunder, nor shall any extension of time granted by the City cause any forfeiture of the City's rights. It shall be the duty of the Developer to notify the City of the completion of the Work in writing and to request a final inspection of the Work by employees of the City. The financial guarantee furnished to the City shall remain in full force and effect after installation of the Work to determine that the useful life of all Work performed hereunder meets the average standards for the particular industry, profession, or material used in the completion of the Work. Landscaping improvements consisting of trees, shrubs, and other living material, shall be considered complete for purposes of this Agreement upon determination of the City following inspection by the City that said materials have survived one full winter season after the actual installation of the materials. The period October 31 through April 30 shall constitute a winter season. Any Work failing to meet such standards shall not be deemed complete hereunder. Notice of the City's acceptance of the Work shall be given the Developers following inspection and a determination that the Work has been properly completed. Any such completion notice shall not release the financial guarantee. The financial guarantee may be released only upon motion of the City Council. 9. Remedies for Breach The City shall give prior notice to the Developer, and to a corporate surety that has provided a bond as financial guarantee, of any default before proceeding to enforce such financial guarantee or before the City undertakes to complete any of the Work for which the City will be reimbursed through the financial guarantee. Notice shall be sent by certified mail. If within ten (10) days after such notice to it, the Developer or the surety has not notified the City in writing of its intention to enforce any rights it may have under this Agreement or any performance bond or guarantee by stating in writing the manner in which the default will be cured and the time within such default will be cured, the City will proceed with the remedy it deems appropriate. At any time after the Completion Date and any extensions thereof, for the Work deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith including, but not limited to, engineering, legal, planning and litigation expenses; but the enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. A. Specific Performance The City may in writing direct a corporate bond surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the surety and/or the Developer fail to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed in 0 an action for specific performance to require Work to be undertaken. B. Completion by the City The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces, and neither the Developer nor the corporate surety may question the manner of doing such Work or the letting of any such contracts. Upon completion of such Work, the surety and/or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the financial guarantee is in the form of a performance bond, it shall be no defense by the surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. C. Deposit of Financial Guarantee In the event that the financial guarantee has been submitted in the form of a performance bond, the City may demand that the surety deposit with the City a sum equal to the City's estimated cost of completing the Work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the face of the performance bond, which money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as herein before specified, and the balance shall be returned to the surety. The money shall be deposited with the City within ten (10) days after written demand therefor, and if the surety fails to make the required deposit within ten days, the City shall have the right to proceed against the surety with whatever legal action is required to obtain the deposit of such sum. D. Funds of Deposit In the event that the financial guarantee is in the form of cash, certified check, irrevocable letter of credit, or other arrangement making the financial guarantee immediately accessible to the City, the City may, after notice to the Developer and Developer's failure to respond within a 10 day period required by this paragraph 9, deposit the financial guarantee in its general account. The City may then proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. 10. Revocation of Variance The City Council approved three Variances for the Property as part of the City Council =s approval of the PUD. As an additional remedy separate and independent from any other remedy available to it, upon breach of this Agreement by Developer, the City may revoke said Variances. 11. Miscellaneous A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits. 10 C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreement. D. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 12. Notices Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer by certified or registered mail at the following address: Navarre Corporation, Attn: Jim Gilbertson, CFO, 7400 — 49 Avenue North, New Hope, Minnesota 55428. Notices to the City shall be in writing and shall be either hand delivered to the City Clerk, or mailed to the City by certified mail or registered mail in care of the City Clerk at the following address: 4401 Xylon Avenue North, New Hope, Minnesota 55428, Attention: City Clerk. .. �. ►�,, LOW Its: CITY OF NEW HOPE By: Z Its: Mayor L By: C I ts: City Manager 11 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was 2003, by ` th an Corporation, a Minnesota corporation, on ledged before me this jt2L day of , of Navarre of said /..i S' . Sn M A. SONQRALL PUBUC — MINNESOTA MY OWM E30rGS Jan. 31, 2005 STATE OF NORTH CAROLINA ) ss. COUNTY OF I a Cn S __ ) Notary Public /A The foregoing instrument was acknowledged before me this day of , 2003, by Daniel J. Donahue, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. P:\ Attorney \SAS \Documents\CNH99.20301 - Navarre Variance PUD Agt- D2(clean).doc k bVe 4 �- �✓ �. Notary Public EXHIBIT A NARRATIVE 13 EXHIBIT B TITLE SHEET 14 10. 1_ I I Q PRELIMINARY PLAT DATED JANUARY 24, 2003 15 GRADING AND EROSION CONTROL PLAN Irel EXHIBIT E UTILITY PLAN 17 EXHIBIT F LANDSCAPE PLAN EXHIBIT G SITE PLAN 19 EXHIBIT H FLOOR PLANS 91 EXHIBIT I Isoomal. X77 "W"Y 21 PHOTOMETRIC PLAN 22 TURNING MOVEMENT 23 ID NARRATIVE 13 Attachment for Application by New Hope LLC — Revis #l ed Narrative Description - of PUD: The proposed 5.7 acre PUD is located on the north side of 49 Avenue North at the junction of Quebec Avenue on a site currently zoned as I, Industrial. Adjacent to the PUD the following uses are found: • North and Northwest side of site: Industrial warehouses with RR Spur track and wetlands area. • Southwest side of site: A three building apartment complex extending to Winnetka Ave. • South and to the West of Quebec Avenue: Single family homes and townhomes. • South and to the East of Quebec Avenue: Industrial warehouses, RR tracks. • East of the site: Industrial warehouses, RR tracks and the Municipal Ice Arena. The design of the proposed improvements will match in style and complement the adjacent 7400 49 avenue office warehouse, which is currently occupied by Navarre Corporation. Navarre has rights to the Properties pursuant to a long -term (15 yr, plus renewal options) leases. The new office warehouse will be connected by two removable links. The links will provide a new central grand entry vestibule at the front of the building along 49 h and interval warehouse circulation links. The new structure will have the appearance of a 27' high office building along 4 9t the 7400 building height at the front, and will transition to a 37' high warehouse as shown on the exterior rendering. The current site elevation will be dropped approximately 4 to 10 feet along the south and westerly side of the property, shielding the parking -and reducing the mass from the adjacent residential uses to the west and south west of the ro dropped an additional 2 feet at the truck dock providing additional noise and visual site tecctione from the residential uses. A tiered retaining wall with landscape plantings and protective vehicular barriers is proposed at the perimeter of the site. The landscaping and lighting along 49 and adjacent to the apartments will be similar to the existing landscape design at the 7400 Property. A sprinkler system will be provided in all sod areas. At the northwesterl borders of the property, the landscaping will c y and north onsist of native environmental impact of the property, grasses and ponds to minimize the tTtilization and M aint Pn anne Navarre provides distribution and related services for music CD's, videos, PC software and interactive games on disks to over 11,000 retail locations throughout North America. Primary activity of distribution involves receipt of the product from manufacturers, the sorting ' the products for distribution to the retail outlets, the �g of the sorting for return to the various manufac return receipt of products from retailers, and of the truck distribution services. tug• United Parcel Service provides the majority Navarre, under its leases, is required to maintain the first -class condition and in compliance with all P ro lames in "a clean, safe, sa itary and regulations ". Navarre regularly maintains the building applicable laws, ordinances, rules and evidenced by the currently observable first class conditions drive on sf�te and landscape areas as at the 7400 site. Navarre intends to continue its o fag five years of operations heration in this class mium on the expansion site. The area between the buildings will be paved. Garage doors will be provided in the northerly most link for maintenance, fire and safety access. Par_ �e Reguirement� Recap 7400 49 Ave.: Office Area - 18,476 300 62 Warehouse Area 67,416 1,500 45 Processing Area -0- S0C 0 Total R aired 107 Total Provided (on 109 site & easement area Pro osed Develo meet: Office Area 19,740 300 66 Warehouse Area 90,930 11500 61 Processing Area -0- 500 0 Total R aired 127 Total Provided (on 128 - uuea ___ 234 Provided I 237 Navarre is also interested in expanding the parking area at the front of the 7400 property by 28 additional stalls as shown on previous plans submitted to the city. Todate, we have not been able to come to agreement with the owner of the property to do so. In the event we are able to reach agreement, we would like authorization to do so now, without resubmitting to New Hope's Planning Commission and City Council for further approval. Parkin¢ Utilization• Navarre EmQlovment UIWIME # Peak Ja--LLSept Oct -Dec rE — t stmt 1 90 — ` stmt _ 1 45 4 -a 120 115 Work Hours -- 8:00 am 5:00 8 :0o an, — 5 :00 7:30 am — 4:00 00. alW — diVV pm 65 4 pm —12.45 am # Ut - I zing Parkin 7 r 104 219 Experience has shown that .up to 90% of our empl 59 ' when using seasonal emp yment during our peak periods. to drive to work. This percentage drops absentees will reduce the demand on parking. W f In addition, vacations, travel and sick eel comfortable that the Parking the plans will meet our parking needs. If additional "tells are P g identified on along the northerly drive. r e q ui red , Parking could be added 2 Traffic. Dock Utilization & Hours: Vehicular traffic arrives and departs via local streets. Entry to site parking is via two entries off 49" Ave. as shown on the plans. Warehousing employees access the warehouse on the east / west sides of the adjacent structures, directly from the employee parking areas, Office employees will access the office at 4 entry points near the front of the building. Truck traffic arrives / departs via Quebec Avenue and 49 Avenue. A counter clockwise circulation on site is currently planned. Arriving trucks will enter at the easterly most drive, drop off materials at the 7400 docks, and either exit via the same point of entry or circle around the building on the north side to pick up materials at the truck docks provided in the expansion building, and exit through the westerly most drive. Some trucks arriving for pickup only will enter at and depart from the westerly most drive off 49 Ave. United Parcel Service provides shipping/trucking services to Navarre UPS uses 53' trailers with city cab over tractors which are highly maneuverable. Empty trailers are dro ed at the dock for loading and the tractor removes a full trailer for slu m .The bulk of this activitV will occur after the rst shift when the stalls 22P-0-site the dock area are not r aired. We realize the southerl most docks will be limited to short bed truck and van tMe use which does not fringe on the drive area. Rcplacemen t / ex ion parking for an additional 12 vehicles is shown alon the nartherl drive in the event more ace is re aired in the dock maneuverin area. Typical hours of operation for truck deliveries and departures are M -F, from 7:30 am to 7:00 pm. Idling of the trucks is not required, since no refrigeration is involved. Safety, Protection and Attractive Nuisances climbin obstacle or encoura a scatin b older children. International Building Gode tilization anon termination of Navarre Lease Upon termination of Navarre's lease in either of the properties, the linkage structures will removed, and the parking.cross access will be separated, unless the be continuation of the linkage subject to specific Sreements respective owners agree to a drainage between th b The Lane in the rear and the storm prior to issuance of the boil ;� � �' we ill b 't a ree rcied a ents to te ei 3 Management during Construction: • Demolition of current improvements @ 7600 49 Ave. N.. Plans have not been prepared for the demolition of the 7600 property due to lack of access to survey the property. The property is currently under adverse ownership, which is being dealt with by the New Hope ERA's eminent domain authority. Our phase 1 environmental report, dated Sept. 5, 2002, does not specifically identify any on site contaminants. In the event contaminants are found they will be dealt with in compliance with MPCA standards. • Hours of construction and hauling. Construction is scheduled to begin during -ApM May - J ul�r, 2003 with substantial completion of the building shell and warehouse and office interior improvements by December 3 I &-pteffiber, 2003 - and- eemp}e general contractor will be required to limit the normal hours of construction to 7:00 through 5:00 pm. Approximately 25- 30,000 cubic yards of excess material will be removed from the site during the month of April, 2003. The hauler, will be directed to use 49 Ave. N to Winnetka Ave. to Bass Lake Road for truck access and egress from the site. We will also require the hauler or our general contractor to provide dust control on and off the site. Such control shall include the use of chemical suppressants, street washing and sweeping equipment on a daily basis. ° Temporary Parking during construction: Temporary planned to be provided at the nearby Municipal Ice Paz�g for employees is verbal agreement to our request, and he has indicated our will of impede or provided interfere with the operation of the arena. Description of Request: The approval of a replat of the properties, identified on Schedule A, into a single parcel. Applicant shall file the final plat, as approved by the City of N Hope, with Hennepin County before the issuance of any building permit. Replat documents ate b � far routine considerati no b� ty durin with to meetings. g pr o The approval of a Planned unit Development and Conditional Use Permit for the construction o inks to the adjacent 7400 49 Avenue f The linkage of the adjacent properties will be pursuant to a written a P P e rt}'. Corporation and Cambridge gu'eement bet agreement will between Navarre address such matters as: construction of the improvements wi00 49�' Ave.). The thin the setback a maintenance and removal of the improvements; fire access roadway along the northerl en the two properties, drainage control along the adjoinin Y d of Parking and internal traffic management. The a g line between the two buildings, will Corporation is a tenant of the two properties, unl ���ea c a long as N avarre life of the agreement. We '11 u 't a recorded to Mend the dw tiff to a C' uil 'o 'Ssuance nfw,o F] The details of the new office warehouse; including compliance with parking and green area requirements are included in the Narrative Description and on the plans submitted herewith. Variances Requested: The following variances are requested: 1. Allowance for the location of drives less than 40 feet apart. The westerly drive is approximately 25 feet from the apartment complexes easterly most drive. 2. Construction in setback areas. Allow for the linkage of the new building with the 7400 building as shown on plans. 3.Gur-b and Gutten Mew Why should request be granted: Navarre Corporation desires to consolidate and expand its base of operation within the City of New Hope pursuant to the Contract for Private Redevelopment by and between New Hope Economic Development Authority and New Hope LLC. Navarre as a result of its expansion will increase employment in the city by approximately 100 people while preserving approximately 200jobs. February 21 2003 All 5 9 TITLE SHEET 14 GGommumommosOMR ■MOOR. 1 All, f CIL; ^1® a 0 0 '` ZI rN C-2 -W � YY Z C t HBCINBTY MAP No SCALE 1 PRELIMINARY PLAT DATED JANUARY 24, 2003 15 IN i s r J l if 3 I a � s ; fit J d - _ aoec- ovocz - - -_ -- ..- - - - - -- _ _. --- _.- -._ - -- s ; sr=a asarwar { � i I x P — - - --a .1 _ WM f � f 1 x N89'59'56 "W 459 - �+—� -- twvuae --r unary — « EASD T s«� M I I '� ` aq LOT 1 I W I ii I iJiJ Cii 1 ( M co I O I I I I :- I I N I I I I I I �NGRM LIC W INr 11/1 a I \ F I rl F SM f/1 r)1 RE W f/1 k 1 or Ta t rya R n 1 � L J 72 ¢ Eff434'S6'E3X. 23 I ( Cu S89 "E 161.23 ( I� IV Moo I S 9 —NMR, LK a W sOUtH ff I .wcl ov ". a rrt: sid r/1 u j J I NIP r/1 GP EEG $ T. I rd R, n I M Is s I M "s t ��� g C> l E O , 19 I Ip WMAM am a —! usEwavr unrrr —. a . `. 49TH AV NUE NORTH R N89'58'09 "E 305.00 49Th/ A VENUE e Preliminary Plat 1 f 1 0 0 i Parcel 1 The east 145 feet of the South 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21. (Torrens — Certificate No. 1021061) AND Parcel 2 That part of Outlot A, embraced within the Southwest 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21, FIVE THOUSAND WINNETKA 2ND ADDITION. (Torrens — Certificate No. 1017739) AND Outlot A, FIVE THOUSAND WINNETKA 2ND ADDITION, Hennepin County, Minnesota. (Abstract) AND Parcel 4 The West 160 feet of the South 300 feet of the West 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21. (Abstract) DEVELOPMENT NOTES 1. LOT AREA a 256,825 SF OR 5.90 ACRES 2. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITY EASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES AND UP TO 1 FOOT ABOVE THE HIGH, WATER LEVEL OF ALL PONDS. ID 1 GRADING AND EROSION CONTROL PLAN 16 1 f Ei tl1�iiiiiiiii:::Ems ! ! hi ! j l o 1� '; �� (' ! �! � ! �!" r t ' L ltiti" i • ; =i � , r i , � �; Pttr t � t ! 'r P t =ti; � t j i t l! g i� r � � �! � t, • 't��, t�"� � � � tip it +Y '� �� � � ! : t � � �tl�! i i!' �;� � W MW ,�1 �I������� LL PIN ! �' iIr i t rr + r!� r ! = t . P •� t y i 6 fix tt9 N r :r! • �,�► t! i ! t ; t it h i !'a � � t t r 3:'�Il: ti ; 1� :tti n ��,1:1 r 'ti if li I "If W.rrltl�rrlr - � nnnnnrtm I11e1rn1.i111111u. ,,,, �J tl t L„ 1 1 „ 111.1! LJ'I'J 441 L, 1 1 „ :� �.1 -' fit �tt tj JAI till l a e XF! i 1f� I I AmA mom mfwnr r - I TI - nT - ITj n mrT rrrl s wan • I.A u LL -UlLJlAljllLj#+J-�H •1 '-1 U. LM WLJ Lju UU a dr so smaiins sKs LM 41- If Nis Al i IM ------------ Pti PMIY I CAP wo &1 SUVE ADMM TO TOP Ma W/Yero -t w MMkTATW GONd2ETE A%QMK me"" SWALE SFVMOM 12' DEEP Fitt GEOS'YPtT cm RDMFMM NT SEE PROFILE DRAYMIA!(u$ FOR tEPMK TYPE. No WA+QMC DPANAM ° WAMED SCso ,�" 1 T14CIC A • r. APPIMX. EXCAVATION UNE . . REMFORC ED SAC#1LL COMPACM 95X OF Mko" • _ST MERM 4" U" (WL) DRAM POPE OUTW O END OF MULL ?� =:. ,,,`i;,'• OR S AP TO MUm (1/S'/FT.) IrA'ERMA FILL . LEYMM PAD 6` Twx I". TYPICAL GRADING BEHIND RETAINING WALL No scACF ALONG PROPERTY LINE G mm G CRUSHED ROCK ENTRANCE WO SCAU W C.1 Z � O � m ►•- tr. O W $ C Lai y=am �b �3 w �a Z �W L o �m 2 gN Cc I-- ►-LZIJ R g� J 9 N e N � �i6C1 V It i0 W C.1 Z � O � m ►•- tr. O W $ C Lai y=am �b �3 w �a Z �W L o �m 2 gN Cc I-- ►-LZIJ R g� J 9 N i W, UTILITY PLAN 17 R RD •_:� I ♦ ♦ ♦ � t 1 1 TI ! t all LA t r $w ti rort • r / R '� r r 1 ! i � 1 `��� •,•� I i illlul I�n�l/inllli/lllll 1 j :;� \\ 1 Ill 111 llt 1 1 I l l lllll1111111(�,��(� I S 1 d W"UL1tlLLLLLLIL11JJi,lJ,7'Q ' lJ I r� 'it � R • ieeR' ;'i � D� R jj FJ tF��l /i(Il�i ' � ' '� �� •• � � 1 � D ! � j � f i � >: ►T: A ,� �� it � ! � e[� lif i mass an up h r . i = t ismT 1 I 3l 333.01 �e v v� 1 P STORM SwR. STRUCTURE og _: Z O (� � 4A r rn K Z r G (� Z a 0 4-M R1 d io O '� is -• - - -- w co to to y E o 0 ro 4 � V1 O O 0 jai >� x 1 � ± 3 1;01 Pi A Ar CA EXHIBIT F 18 I I I I I b b J a � • . � z fX/EBfC � a o� � I'1 I cyc bl, C ! I .♦ ( w w! I ; . f EMSTIKb CARA x•t r t• 1 •. 1( , Pgj off P. ��' �P. fit i� a �t 1 r i i t I � � r !. 4 it �i� lidf P a t • itt • 5 1 3 1 1 1 1 t i F — _ A - �s , t - i I � � 1 t t � 1 � 'a .fl , ; � i re 1 r ®r I - >o ac r it £X!STING I GARAGE anon: • ,_jic " mm-- �_.....� _ ----------------- 1 so I _ SKY? A ID o I � t J _ EXISTING BUILDING t iF I f � ! •1 I _ "! if i i • ; I Yw `�`� is ... .. , � - 1 � � � � i i� \ r to �i - f v0 =K-11 O CIRCUUR _ :i M Betulo popyrifem PAPER BIRCH HT- 4 CLUMP FORM Ouerc us rubro NORTHERN RED OAK Be = 5 CONIFEROUS TREES Piceo glouca densato BLACK HILLS SPRUCE 6' HT. 13 ORNAMENTAL TREES Molus 'Red Splendor RED SPLENDOR CRAB 1.5 8B 24 s+�ues Juniperus chinensis `Seo Green' SEA GREEN JUNIPER 13 CONT 83 Juniperus sobino `Broodmoor BROADMOOR JUNIPER J3 CM 17 0 Spiroeo joponica ° Little Princxss LITTLE PRINCESS SPIREA f1 Ct?NT .18 Spiroeo nipponica * Snowmound' SNOWMOUND SpF #2 coNT Spiraeo x burnaldo 'Dort's Red' DART'S RED SPIREA #2 CONT 77 44 I PLANTING NOTES i. ALL PLANTS MUST BE HEALTHY, VIGOROUS MATERIAL, FREE OF PESTS AND DISEASE AND BE CONTAINER GROWN OR BALLED AND OF'BURLAPPED AS INDICATED IN THE PLANT UST. 2. ALL TREES MUST BE STRAIGHT TRUNKED AND FULL. HEADED AND MEET ALL REQUIREMENTS SPECIFIED. 1 THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO REJECT ANYPLANTS WHICH ARE DEEMED UNSATISFACTORY BEFORE, DURING ORAFEER INSTALLATION. - .... . 4. NO SUBSTITUTIONS OF PLANT MATERIAL SHALL BE ACCEPTED UNLESS APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT. 5. ALL PLANTING STOCK SHALL CONFORM TO THE AMERICAN STANDARD FOR NURSERY STOCK.' ANS► -Z60, LATEST EDITION, OF THE AMERICAN ASSOCIATION OF NURSERYMEN, INC. AND SHALL CONSTITUTE MINIMUM QUALITY. REQUIREMENTS FOR PLANT,MATERIAtS 6. EXISTING TREES AND SHRUBS TO REMAIN SHAD. BE PROTECTED TO THE DRIP LINE FROM ALL CONSTRUCTION TRAFFIC. STORAGE OF MATERIALS ETC. 117H 4' .HT. ORANGE PLASTIC SAFETY FENCING ADEQUATELY SUPPORTED BY STEEL FENCE POSTS 6' O.C. MAXIMUM SPACING. 7. ALL PLANT MATERIALS QUANTITIES, SHAPES OF BEDS AND LOCATIONS SHOWN ARE APPROXIMATE. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLETE COVERAGE OF ALL PLANTING BEDS AT SPACING SHOWN AND ADJUSTED TO CONFORM TO THE EXACT CONDITIONS OF THE SITE. THE ARCHITECT SHALL APPROVE THE STAKING LOCATION OF ALL PLANT MATERIALS PRIOR TO INSTALLATION. a ALL TREES MUST BE PLANTED. MULCHED. AND STAKED AS SHOMM IN THE DETAILS S. ALL PLANTING AREAS MUST BE COMPLETELY MULCHED AS SPECCFlED. IM MULCH: SHREDDED HARDWOOD MULCH. CLEAN AND FREE OF NOXIOUS WEEDS OR OTHER DELETERIOUS MATERIAL, IN ALL MASS PLANTING BEDS AND FOR TREES, UNLESS INDICATED AS ROCK MULCH ON DRAWINGS, SUBMIT SAMPLE TO LANDSCAPE ARCHITECT PRIOR TO DELIVERY ON -SITE FOR APPROVAL DELIVER MULCH ON DAY OF INSTALLATION. USE 4' FOR TREES, SHRUB BEDS. AND 3' FOR PERENNIAL/GROUND OVER BEDS, UNLESS OTHERWISE DIRECTED. 11. THE PLAN TAKES PRECEDENCE OVER THE PLANT SCHEDULE iF DISCREPANCIES EMST. THE SPECIFICATIONS TAKE PRECEDENCE OVER THE PLANTING NOTES AND GENERAL NOTES. 12 THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL MULCHES AND PLANTING SOIL QUANTITIES TO COMPLETE THE WORK SHOWN ON THE PLAN. VERIFY ALL QUANTITIES SHOWN ON THE PLANT SCHEDULE. LONG-TERM STORAGE BE ALLOWED. OF- MATERIALS OR SUPPLIES ON-SITE WILL NOT BE 14. THE CONTRACTOR SHALL KEEP PAVEMENTS, PLANTERS AND BUILDINGS CLEAN AND UNSTAINED. ALL PEDESTRIAN AND VEHICLE ACCESS TO BE MAIN TANED THROUGH CONSTRUCTI PERIOD. ALL WASTE SHALL BE ANY ANY PLANT STOCK PLANTED ON DAY OF DELIVERY SHALL BE HEELED IN AND WA N TERED UNTIL INSTALLATION. PLANTS NOT MAINTAINED IN THIS MANNER WILL BE REJECTED. ANY DAMAGE TO EXISTING FACTUTin SHALL BE REPAVED AT THE CONTRACTOR'S EXPENSE 15. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLYING WiTH ALL APPLICABLE CODES. REGULATIONS AND PERMITS GOVERNING THE WORK. 16. LOCATE AND VERIFY ALL UTILITIES, IVtXUDING IRRIGATION ONES WITH THE OWNER FOR PROPRIETARY UTILITIES AND GOPHER STATE ONE CALL AT 4 54-0002 (IVAN CITIES METRO AREA) OR M_252_1166 (GRETER MINNESOTA) 4$ HOURS BEFORE DI GGING CONTRACTOR SHALL A A RESPONSIBLE FOR THE PROTECTION AND REPAIR OF ANY DAMAGES TO SAME. NOTIFY THE LANDSCAPE ARCHITECT OF ANY CONFl ACTS TO FACILITATE Pi ANT on nr.,1e 1 17. USE ANTi- DESICCANT (NILTPRUF OR APPROVED EQUAL) ON DEC30OUS PLANTS MOVED M LEAF AND FOR EVERGREENS MOVED ANYTIME APPLY AS PER MANUFACTURER'S INSTRUCTION. ALL EVERGREENS SHALL RESPRAYED IN THE LATE -FALL FOR WINTER PROTECTION DURING WARRANTY PERIOD. 19. PLANTING SOUL FOR TREES SHRUBS AND GROUND COVERS: FERTILE FRIABLE LOAM CONTAINING A LIBERAL AMOUNT OF HUMUS AND CAPABLE OF SUSTAINING VIGOROUS PLANT GROWTH. IT SHALL COMPLY WITH MNDOT SPECIFICATION 3877 TYPE '8 SELECT TOPSOIL. MIXTURE SHALL BE FREE FROM HARDPACK SUBSOIL. STONES, CHEMICALS, NOXOUS WEEDS. ETC. - 'SOIL MIXTURE SHALL HAVE A PH BETWEEN 6.1 AND 7.5 AND tD -10-10 FERTILIZER AT THE RATE OF 3 POUNDS PER CUBIC YARD. iN PLANTING BEDS INCORPORATE THIS MIXTURE THROUGHOUT THE ENTIRE BED BY ROTOTILUNG INTO THE TO 12' OF SOIL 19. ALL PLANTS SHALL BE GUARANTIED FOR ONE COMPLETE GROWING SEASON (APRIL. 1 - NOVEMBER 1). .UNLESS OTHERWISE SPECIFIED. THE GUARANTEE SHALL COVER THE FULL COST OF REPLACEMENT INCLUDING LABOR AND PLANTS. 20- SEASONS/TMUE OF PLANTING: NOTE_ THE CONTRACTOR MAY ELECT TO PLANT IN OFF - SEASONS ENTIRELY AT HIS/HER_ RISK... _ DECIDUOUS POTTED PLANTS: APRIL i -JUNE 1: AUG. 21 -NOV. i DECIDUOUS Bali: APRIL 1 -JUNE is AUG. 21 -NOV. 1 EVERGREEN POTTED PLANTS: APRIL I -JUNE 1: AUG. 21 -OCT. 1 EVERGREEN BAIB: APP4L 1-MAY '15: AUG, 21 -SEPT. 15 21. MAINTENANCE SHALL BEGIN IMMEDIATELY AFTER EACH PORTION OF THE WOW iS MCI PLACE PLANT MATERIAL SHALL BE PROTECTED AND MAINTAINED UN11L THE INSTALLATION OF PLANTINGS IS COMPLETE, INSPEC71ON HAS BEEN MADE. AND PLANTING-IS ACCEPTED EXCLUSIVE OF THE GUARANTEE, MAINTENANCE SHALL INCLUDE WATERING. CULTIVATING. MULCHING. REMOVAL OF DEAD MATERIALS. RE- SETTING PUNTS TO PROPER GRADE AND. KEEPING PLANTS IN A PLUMB PM710N. AFTER ACCEPTANCE. THE OWNER SHALL ASSUME MAINTENANCE RESPONSIBIUTT£S. HOWEVER, THE CONTRACTOR SHALL CONTINUE TO BE RESPONSIBLE FOR KEEPING THE TREES PLUMB THOUGHOUT THE GUARANTEE PENDO. 22 ANY PLANT MATERIAL *004 DIES. TURNS &Vm, OR DEFOLIATES (PRIOR TO TOTAL ACCEPTANCE OF THE WORK) SHALL BE PROMPTLY REM OVED FROM THE SITE AND REPLACED WIN MATERIAL OF THE SA SP QUANTITY. AND szE AND MEETING ALL PLANT LIST 23 - WATERING: MAINTAIN A WATERING SCHEDULE WHICH WILL THOR OUGHLY WATER ALL PLANS ONCE AA WEEK. IN EXTREMELY HOT. HEAT STRESS SUCH A �WIL11NGL AVM AS REQUIRED BY 04DICA11ONS CHECK MOISTURE UNDER MULCH PRIOR TO WATERING TO DETERMINE NEED, CONTRACTOR SHALL MAKE THE NECESSARY ARRANGEMENTS FOR WATER. 24. CONTRACTOR SHALL REQUEST IN WRITING,A FINAL ACCEPTANCE INSPEC110K 25 ' ALL O AREAS TO BE SOIL SEED, MULCH, AND WATER UN HEALTH STAND OF' • CRASS IS OBTAINED. SITE PLAN 19 LOW Wd IUS NMVWMNO:) UNVAYN VW -r"Mng AMN COSO401d SPO41 A mmr� ICIF >1 NOI.LY 9NINSVd wwwrr of HIHON 3nN3AV H16V ri M z mr , dW�WljJMjM 1. Hil -7 i • tp O nij i 1.- 1 !1 QUEBEC AVENUE AR< I NV 31 7"E AN, 5J I L p I NC3 Z�A A SITE AREA 241,674 SQ.FT. / 3.68 ACRES PROPOSED $U ILD I NG AREA q 238/300 = 3; STALLS FIRST FLOOR 103,200 SECOND FLOOR 11,000 TOTAL 114,200 $UILDINC, LOT COVERAGE 42% GREEN AREA 20% ASPHALT d AALK5 38% -. PARKINC7 STALLS PROVIDED 1 (INCLUDES 28 NEN STALLS.. AT EXI5TING BUILDIN6) ZONE INDUSTRIAL FIRST FLOOR OFFICE (FUTURE) 1 1,$70/300 = 33 AR< I NV (f. C.., AT1 0I `t EXISTING BUILDING FIRST FLOOR OFFICE q 238/300 = 3; STALLS SECOND FLOOR OFFICE 41,238/300 = 31 STALLS 1NARE (OUSE 67,416/1500 = 45 STALLS TOTAL 857,6112 50.FT. — 107 STALLS REO'D EXISTING FAfP,<ING 5TALL5 PROVIDED 83 EASEMENT PARKINS 26 TOTAL S T ALL5 PROVIDED JOq MEW BUILDING FIRST FLOOR OFFICE (FUTURE) 1 1,$70/300 = 33 SECOND FLOOR OFFICE q,8"10/300 = 33 WAREHOUSE 4 10, 4 13011500 = 61 TOTAL 110,6'10 SO.FT. — 12'1 STALLS REG r.> NE N PARKI STALLS PROVIDED I7A LANDSGAP` I MTL. GUARD RAIL WOOD POSTS i � I GAP BLOCK SAFETY BARRIER --------------------- rrwt� MASONRY L =tij• RETAINING WALL FLANTIN6 BED.- --, SY5TEM L«',7 / t / TYPICAL '+ 6E05YNTfeTIG REINFORCEMENT LAYER i --- I 4' -------- --- -- - - -- -� ! EXCAVATION t � b" FREE DRAINING I K AGGREGATE 1 • ,��_i /. DRAIN TILE r - - ------------------ \\ \••jar /' 1 \ I- `GONG. CURB 6 MIN. C.OMPACTW GRANULAR BASE I 1 �R�T,41NtNG WALL 109 1/2 = I' -0" 2 112" 51TUMINOU5 WEAR COURSE 8" AGGREGATE BASE TYPICAL CAR, f=AR<ING 5ECTION 11/2" BITUMINOUS WEAR COURSE 1 142" BITUMINOUS BINDER COURSE 10" AGGREGATE BASE TYPICAL TRUCK DRIVE PAVEMENT 4 :;rCT 10 15 NT5 FLOOR PLANS 20 one ri I R S s z 2 i m h 14 E47 Ir r f7t --- --------- m h 14 E47 Ir r f7t ( i j - '• I j j r - -- -N I I I j j ! I ! 1 I I j - j I j ; i I I i a j j I I j j i i 1 1 1 1 j j I I j I I I I I j I I I I I j I 1 I I I I j j j I I I I i I i I I I I I I I I I I I ! I I I i I I i j j I I I I I t j I 9 1 I I I i I I i i j I I ! ! I 1 I I - - - -- ; - j- - _ - - 1-- - - - -j - — ' j I i I I I I 1 i I I i i I I I I I I i I I I I ._. —. _ W n j 1 �^�"rr'��MSi:FS:FSt-�r�` � � m- rrs. a�c� •rtrr-�r;sr��._.:r2= -Fi:kT+�. �� I 1 :' i i I i I � f. EXTERIOR ELEVATION 21 KKET -4----w+ architects 01 =f= l FEB 2 1 K" Ar"ftct% b& dD �o a, 17, aqDdID fill qD -4----w+ architects 01 =f= FEB 2 1 K" Ar"ftct% b& =Art. 1.4AVAr PROPOSED NEW BUILDING FOR NAVARRE CORPORATION EXTERIOR ELEVATIONS ---!F nr Golm-1 may6t-ON - 01 FEB 2 1 dD �o 17, aqDdID qD om! T T 4 Q f zP= nf-�l ni PROPOSED NEW BUILDING FOR NAVARRE CORPORATION EXTERIOR ELEVATIONS ---!F nr Golm-1 may6t-ON - dD �o 17, aqDdID qD om! T T 4 Q nf-�l ni PROPOSED NEW BUILDING FOR NAVARRE CORPORATION EXTERIOR ELEVATIONS ---!F nr Golm-1 may6t-ON - o .2 1LO v 1361-0* -- L- T/O FIN FL. + PLP Q ViE5T ELEVATION CAP Q6 i " ; o n15 n il'o-egm T Elm IWAL IN PAROW AUM, MAW 6 ELEVATION (8IFIN, HTL CAP FLASHIW� Q IO II I� 13 rg T!O PRECAST GG .G nAr,G !!O FECECA5T Tip MALL Llf-5 Wik GLA-- N FAiNTCDr' ALL" FRAME 6 ELEVATION (8IFIN, HTL CAP FLASHIW� Q IO II I� 13 rg r/o F'CP 136 -0' T/p nit!4: 125*-0" T/O 2ND Fil III' - 1 1/4* O.T ft. 0 TINTED 6LA55 PRE I M WTMEP� ii, Wl. FRAM ALUM. PAWL #V PAINTED A�;, IW*L TINTED 6L IN TINTED 6LAS5 FRAt,V TEXTURED PA ALLK SPANDREL IN SERFAGE I E INTED PAINTED ALI" �VIb V-0 CIF5 F t-eTAI. CAP FLASHINS W-A 0JILDtN6 ��""""""'s^���- ...�.�. ' ` - '�7 EIF5 " AREA -0 RACKLIr NEON 5f6N (2 NORTH E LEVATION NZ'YIA6' � Q W.- A I + i5TIN6 &lILDIN6 NEW BUILDING r \ Y l � p G B -- I I � Q PHOTOMETRIC PLAN 22 NYIJ Divilwolow (13sodo)ld NotivilodsW -7 3VVAVN W)J ONICIInG M3N (WiOJOSd -W An Al all tu''' UVAM Mod 4 aaiO4 �Iry M" i i E ° [Dwymayd TURNING MOVEMENT 23 -------- -- IV 7W LOT 1 BLOCK PROPOSED BUILDING FW47 roll 0XV,S02,00 0 z m 0 § z X ui LEGEND - 1 F am mw a0 OIL ou"Mmmo mm w" P.-M ftw bm cow FRA MAMfttft IIY fg.fl 1 1 0 ,7 7hW 7q T'ffa" M WIMA V" 1� ---------- mmmfic ------------- w ar F,*d awenr �., � t �. a m 2/ 3 WIG FU W- 14113 ii rr ay NWUb OM. twmw NW p 3/ 3 UFPo1FU U). 0113 0 P JS Form No. 31 -M _ QUIT CLAIM DEED Corporation, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company STATE DEED TAX DUE HEREON: $ i 3q.t1 Date: 2S` 2003. FOR VALUABLE CONSIDERATION, the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Navarre Corporation, a Minnesota corporation, Grantee, real property in Hennepin County, Minnesota, described as follows: The East 145 feet of the South r /a of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21; subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances. Check box if applicable: X The seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document. ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By: By: STATE OF MINNESOTA } COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this Q 3 day of Aq 2003, by W. Peter Enck, the President of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, Grantor. (Notarial Stamp or Seal) ■ ■ STEVEN A. SONORALL NOTARY P{BUC— MIN NESOTA Notary Public e � Ny CaptR �ItM JN. 31, 2005 Its: Executive Director STATE OF I in r ,17)_ i hU } ss. COUNTY OF &AQ rru S The foregoing instrument was acknowledged before me this day of ?4,� f%, 2003, by Daniel J. Donahue, the Executive Director of the Economic Development Authbrity in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, Grantor. O p� ®T AP j t . i ;. Notary Public � .� Check here if part or all of the land is Registered (Torrens) THIS INSTRUMENT DRAFTED BY: Navarre Corporation Attn: 7_400 WJ4h Au1dIU Waal. Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 l4rriv: V•1? �inq TCn�llG /ut� lMb!dk& Brooklyn Park, MN 55443 (763) 424 -8811 PAAu=gVLB \t -aiwt Folders \CNH \CNH99.53073.003- QCD.d.. 04 L andAmerica Commonwealth Land Title Insurance Company 400 Sibley Street, Suite 255, St. Paul, MN 55101 Common Phone: 651- 227 -8571 Fax: 651- 223 -6192 n 1`77°\7\!7 U U CLOSING STATEMENT Owner: Navarre Corporation File No.: 127610/138811 Date Closed: September 25, 2003 Owner's Funds $•as, Date Disbursed: September 24, 2003 $ Total Proceeds for Closin :°3 -b$ Fees Charges City of New Hope -Fees -0- - Total 0.00 City & County Fees State Deed Tax (Quitclaim Deed / i, q,C-0 Mortgage Registration Tax Conservation Fees 5.00 Assessments 2003 Property taxes plus penalty - Parcel 1 $5,262.13 2 nd 1 /2 2003 Property Taxes - Parcels 2 & 3 5,761.78 2 nd 1 /2 2003 Prop Taxes - Parcel 4 2,806.77 - Total .14 � Closing Cost - Title Compan Title Insurance Premium - Owner's Title Premium - $ 6,401.00 @ $6,401,000.00 Liab. Loan $100.00 6,501.00 Insured Closing & Disbursement Fee 500.00 Abstracting/Record Search 650.00 Recording Fees - Estimate 175.00 Searches e Judgments 60.00 Searches - Assessments 180.00 Examination 390.00 - Total 8,456.00 Payoff of Existing Mortgage Principal Balance to General ElectricN /A - Total $ 0.00 - Total 0.00 - Grand Total �1p E Mortgagor Approve(s) Disbursements Itemized Above: Loan Closing Statement MN.9.17.0 (03101) Its: Escrow Officer � 0 PQ _' ' (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. AFFIDAVTT COUNTY OF HENNEPIN ) W. Peter Enck and Daniel J. Donahue, being first duly sworn, on oath say that: 1. They are the President and Executive Director, respectively, of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, the Grantor named in the document dated , 2003, and filed for record , 2003, as Document No. in the office of the Registrar of Titles of Hennepin County, Minnesota, 2. The principal place of business of the Economic Development Authority in and for the City of New Hope is at 4401 Xylon Avenue North, New Hope, Minnesota 55428, which has been the principal place of business of said entity since the date of its formation. 3. Said entity's federal tax identification number is: 41- 6008870. 4. There have been no: a. Bankruptcy or dissolution proceedings involving said entity during the time said entity has had any interest in the premises described in the above document ( "Premises "). b. Unsatisfied judgments of record against said entity, nor any actions pending in any courts which affect the Premises. C. Tax liens filed against said entity. 5. Any bankruptcy or dissolution proceedings of record against entities with the same or similar names, during the time period in which the above -named entity has had any interest in the Premises, are not against the above -named entity. 6. Any judgments or tax liens of record against entities with the same or similar names are not against the above -named entity. 7. There has been no labor or materials furnished to the Premises for which payment has not been made. S. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiants have knowledge. 11. This Affidavit is made as respects the following described property: The East 145 feet of the South t /4 of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, Hennepin County, Minnesota. Affiants know the matters herein stated are true and make this Affidavit for the purpose of inducing the passing of title to the Premises, .* Sub 'bed a d s orn to before me this R-5 day (Notarial stamp or seal) of 2003. STEVEN A. SONDRALL J � � NOMPUKW- MINNESOTA Notary Public Daniel J. Donalle Subscribed and to before me this day of _s���1�� m �t Y r 9 2003. Notary Publi Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 (Not i y"1IIlo or Deal) � qee � •• e•H••• •e � O e My Comm E-x�. 9 August 6,2005 W ; pU$LI c.> COU P:\Atto=yVMI- Chen[ Fold=%CNH%CNH99.53073- 002- AE[idavit.dm ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PRIVATE REDEVELOPMENT This Assignment and Assumption Agreement is made and entered into effective as of the 'day of September, 2003 by and between NEW HOPE, LLC, a Minnesota limited liability company ( "Assignor ") and NAVARRE CORPORATION, a Minnesota corporation ( "Assignee "), and acknowledged and agreed to by the NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "). WHEREAS, the Authority and the Assignor entered into a Contract for Private Redevelopment dated November 12, 2002 (the "Contract ") relating to the "Redevelopment Project ", as that term is defined in the Contract; and WHEREAS, the Assignee owns the Redevelopment Property and will not be conveying said property to the Assignor as was originally contemplated at the time the parties entered in the Contract; and WHEREAS, the parties desire to clarify that the "Redeveloper" under the terms of the Contract shall be and hereinafter shall refer to the Assignee. NOW THEREFORE, for good and valuable consideration, the parties hereby agree that the Assignor hereby assigns all of its right, title, interest, duties and obligations under the terms of the Contract to the Assignee, and the Assignee hereby assumes all of the rights, title, interest, duties and obligations as the Redeveloper under the terms of the Contract. The Authority hereby consents and agrees to the assignment herein. Except as expressly amended by this Assignment the Contract continues in full force and effect without any further revision to the Contract. [THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALL Y LEFT BLANK] Navarre Corporation - Signature Page of Assignment and Assumption of Contract for Private Redevelopment Its.,' w STATE OF MINNESOTA) SS: COUNTY The foregoing Assignment and Assumption of Contract for Private Redevelopment as ackn wledged before me this [ � day of September, 2003 by I , the of Navarre Corporation, known to me to be the party signing the foregoing instrument on behalf of the corporation. IMANAGE:2056108_2 2 File No. 5129 -204 New elope, LLC - Signature Page of Assignment and Assumption of Contract for Private Redevelopment M STATE OF MINNESOTA) SS: COUNTY OF The foregoing Assignment and Assumption of Contract for Private Redevelopment was acknowledged before me this y of September, 2003 by, , the Treasurer and the President of New Hope, LLC known to me to be the party signing t e foregoing instrument on behalf of the company. My Commission Expires: tr ublic r 7 ANNA YOUNG SORENSON NOTARY PUBLIC- MINNESOTA YIr COmmiSM" EXpaes Jan. 31,1007 IMANAGE:2056108 2 File No. 5129 -204 NEW HOPE, LLC Redevelopment Authority - Signature Page of Assignment and Assumption of Contract for Private Redevelopment This Assignment is hereby acknowledged and agreed to by the Authority this _ day of September, 2003. By: Its: President And c By: Its: Executive Director STATE OF r� 6 / ) SS: COUNTY OF t ' t) S The foregoing Assignment and Ass option of Contract for Private Redevelopment was j b acknowledged before me this day of September, 2003 by o'e- 7Pd l) e , the Executive Director of New Hope Economic Development Authority, known to me to be the party signing the foregoing instrument on behalf of said public body. M Commission Expires: L L l C� r - L7 - - f Notary IWic S IMANAGE:2056108_2 4 File No. 5129 -204 STATE OF ) SS: COUNTY OF The foregoing Assignment and Assumption of Contract for Private Redevelopment was acknowledged before me this cQ3 day of September, 2003 by � , 12'e - �W the President of New Hope Economic Development Authority, known to me to be the party signing the foregoing instrument on behalf of said public body. I MAJAK .��� ,� • �•, Sr Notary Public IMANAGE2056108 2 5 File No. 5129 -204 MINNESOTA Department of Revenue Certificate of Re Estate Val PE -20 Buyers' last name(s), first, middle initial Address Daytime phone °7400 -� 49th Avenue North Navarre Corporation New Hope MN 55428 Sellers' last name(s), first, middle initial New address Daytime phone The Economic Development Authority 4401 Xylon Avenue North in and for the City of New Hope New Hope, MN 55428 (763) 531 -5100 Street address or rural route of property purchased City or township County New Hope Hennepin Date of deed or contract Legal description of property purchased (lot, block and plot, or attach 3 copies of the legal description) The East 145 ft. of the South 1/4 of the SW 1/4 of the NW 1/4 of Section 8, Township 118, Range 21 Financial arrangements Was personal property such as furniture, inventory or equipment included in the purchase price? ❑ yes Total purchase price no If yes, describe be ow and list current (not replacement) va equipment (Use the back of this page it needed.) 33Sj000 $ $ Down payment Points or prepaid interest paid by seller $ cur�ant�value:l property $ $ $ N/A ® Type of acquisition (check all that apply) ❑ Buyer and seller are relatives or Transaction involved the trade of Name added to or co-owner's name related businesses El Property E] Buyer is a unit of government ❑'. removed from deed (not a sale) El Prop" is a gift or inheritance ❑ Buyer is a religious or charitable ❑ Condemnation or foreclosure ❑ Buyer p urchased p artial interest on organization Transaction Y P P Y F — ] Payoff or resale of contract ❑ Purchase agreement signed over two years ago. Year signed: Type of property transferred (check all that apply) ❑ Land only Land and buildings ❑ Construction of a new building afier January I of year of sale planned use of property (check one) ❑ Residential, single family If you check one of the four boxes below, you must complete schedule PE -20A and attach it to this certificate. Agricultural Commercialindustrial Residential duplex, triplex ❑ ❑ (number of acres): El (type of business): ❑ Cabin or recreational ❑ Apartment building ❑ (noncommercial) (number of units): Other (describe): Will this property be the buyer's principal residence? ❑ yes no Method of financing (complete only if seller - financed, including a contract for deed or assumed mortgage) Check: Mortgage or contract for Monthly payment for Interest rate Total number Date of any lump sum Assumed Contract deed amount at purchase principal and interest now in effect of payments (balloon) payments Mortgage for Deed IN ❑ ❑ ❑ ❑ I declare that the information on this form is tnyeq corwt, eys"61ete to the bast of my knowledge and belief. Name (print or type( ! )iggAnlo Daytime phone Date r.:o ❑ C Yr Blt SD Yr Land Bldg Tot Primary property identification # �T Aves Tillable CER CRP RIM Use Deed Y Land Bldg Tot Secondary parcel idenfificafion # Good for study n yes n no line, give reason /code b X I HC I ST I Adic I Adis I Use TTlllable EMV I Apt I FM I c GA I C I 1 MV 2 MV ID d Co CT PT Date T M S Are there more parcels? ❑ yes ❑ na Put extra idenfificafion numbers on back of this form. Stock No. 6000400 (Rev. 6/96) DEPARTMENT OF REVENUE COPY 956883 0 Vi'3 t 41- 6008870 2-_ Stock No 6000400. (Rev 6/ _ DEPARTMENT "Of = REVENUE COPY 956883 DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAGY A. WOODS OF COUNSEL LORENs Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa November 10, 2003 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Navarre Corporation Development /PUD Development Agreement and Contract for Private Redevelopment Our File No.: 99.20301 Dear Val: Please find enclosed for the City's file the following documents relating to the Navarre Corporation development: 1. First Amendment to PUD Development Agreement and Variance for Navarre Corporation; and 2. EDA Subordination Agreement in connection with Contract for Private Redevelopment. These documents are original documents and should be attached to the documents they amend as indicated above. Please contact me if you have any questions or comments regarding these documents. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL,P.A. sas@jensen-sondrall.com After Hours Extension #147 cc: Kirk McDonald, Community - Development Director (w /copy of enc.); P: \Attomey \SAS \Letters \CNH99.20301 - 010 -Val Undoc � �J JENSEN & SON DRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@ j ensen -sondr all.com DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAGY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa November 10, 2003 Gay Greiter Kraft Monroe, P.A. 8000 Norman Center Drive, Suite 1000 Minneapolis, MN 55437 Re: New Hope EDA Subordination Agreement to Contract for Private Redevelopment Our File No.: 99.29301 Dear Gay: In follow up to your November 5, 2003 e -mail, please find enclosed a copy of the New Hope EDA Subordination Agreement in connection with the referenced matter. As we discussed, this document subordinates the New Hope EDA's Contract for Private Redevelopment with Navarre Corporation to Navarre' s lending institution. Please contact me if you need any further information regarding this matter. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sasgjensen- sondrall.com After Hours Extension #147 Enclosure cc: Kirk McDonald, Community Development Director, City of New Hope P:\ Attomey \SAS\Letters \CNH99.20301 -011 -Atty Greiter Ltr.doc C(OPY DOUGLAS J.DEBNER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT' - STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law @ jensen- sondrall.com i VIA Personal Delivery November 10, 2003 Beth Gerstein Timm, Esq. Winthrop & Weinstine, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 -4629 RE: Navarre Documents /First Amendment To The PUD and Subordination Agreement Our File: 99.20301 Dear Beth: Please find enclosed three signed originals of the following documents: 1. First Amendment To PUD Development Agreement And Variance For Navarre Corporation, and 2. EDA Subordination Agreement. 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa I have not included the "Termination Of Agreements" document since it terminates the Declaration Of Covenants relating to the shared parking agreement with the Hoyt property to the east of the Navarre building. I don't believe these covenants can be released since the shared driveway arrangement with the adjacent property is not being altered by the new development. Please let me know how you wish to deal with an amendment to the "Termination of Agreements" document in light of this issue with the adjacent property. I also spoke with Dan Rosen on Friday November T regarding the signed acknowledgments of service and the quit claim deed. He assured me we will receive these documents on Monday the 10'. However, as I indicated in my recent e-mail, we need to immediately address the $603,000.00 condemnation award appeal issue. Please let me know how your client wishes to proceed on this matter. November 10, 2003 Page 2 Finally, the easement vacation is on track for the November 24, 2003 Council Meeting. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com After Hours Extension #147 Enclosures cc: ., Valerie Leone P:\ Attorney \SAS \Letters \CNH99.20301 - 009 -Atty Timm ltr re documents.doc This First Amendment to PUD Development Agreement and Variance for Navarre Corporation ( "Amendment ") dated as of the �_ day of October, 2003, is between the City of New Hope, a Minnesota municipal corporation (hereinafter the "City ") and Navarre Corporation, a Minnesota corporation (hereinafter the "Developer "). WHEREAS, the City and the Developer entered into that certain PUD Agreement and Variance for Navarre Corporation dated September 25, 2003 (the "PUD "); and WHEREAS, the parties desire to amend the PUD as provided for in this Amendment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Developer hereby agree to amend the PUD as follows: 1. Replacement Paragraph 10. Revocation of Variance Paragraph 10 of the PUD is hereby deleted in its entirety and replaced with the following new Paragraph 10: "10. Revocation of Variance The City Council approved three (3) Variances for the Property as part of the City Council's approval of the PUD. Any violation of the terms of the Variance will also constitute a breach of this Agreement, permitting the City to exercise its rights under Paragraph 9 of this Agreement, in addition to and not exclusive of, any remedies the City has at law for violation of the terms of the Variances. 2. Effect on PUD Except to the extent revised by this Amendment, all of the terms and conditions of the PUD shall continue in full force and effect. 3. Counterpart Execution; Effectiveness This Amendment may be executed in counterparts, each of which will be deemed an original but all of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first above stated. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 23rd day of October, 2003, by the 0 ff Ft.I�#} rPr� ��i� P, of Navarre Corporation, a Minnesota corporation, on behalf of said corporation. My Commission Expires: KM RICKSON ublic ota January 31.2005 STATE OF MINNESOTA COUNTY OF HENNEPIN NAVARRE CORPORATION CITY OF NEW HOPE By: Its: Mayor By: - -- _ Its: CityNlanager ss. } The foregoing instrument was acknowledged before me this c;� 7 day of October, 2003, by W. Peter Enck and Daniel. Donahue, the Mayor and Manager, respectively, for the City of New Hope, a Minnesota municipal corporation, on behalf of said unicipal corporation. My Commission Ex �pires: 1 — - 2 2 1 06 Notary Public 2069368vl m, STEVEN A. SONDRALL NOTARY PUBLIC - MINNESOTA x" My Comm. Expltes Jan. 31, 2005 EDA SUBORDINATION AGREEMENT THIS EDA SUBORDINATION AGREEMENT (`Agreement ") made and entered into this day of , 2003, by and between. the New Hope Economic Development Authority, New Hope, Minnesota, a public body corporate and politic of the State of Minnesota (the "Agency "), and The Business Bank, a Minnesota corporation ( "Mortgagee "). RECITALS A. The Agency and New Hope, LLC, a Minnesota limited liability company, have heretofore entered into a certain Contract for Private Redevelopment dated November 12, 2002, (the "Contract ") the interest of New Hope, LLC thereunder having been assigned to and assumed by Navarre Corporation, a Minnesota corporation (`Company') pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003, relating to the development of certain real property situated in the County of Hennepin, State of Minnesota, pursuant to which the Agency has agreed to provide assistance in the redevelopment of the Redevelopment Property (as defined below) the financing of certain costs of the redevelopment project with tax increment revenues derived from a tax increment financing district established with the redevelopment project. B. As defined in the Contract, the "Redevelopment Property' is legally described in Exhibit A attached hereto, (said property is also referred to as the "Premises "). C. In order to provide funds for the construction and installation of certain improvements thereon (collectively the "Project'), the Mortgagee has agreed to make a loan to the Company pursuant to that certain Promissory Note dated October , 2003 in the amount of Four Million Five Hundred Fifty Thousand and 001100 Dollars ($4,550,000.00) and payable to the order of the Mortgagee (Note ") and will loan the proceeds of said Note pursuant to a Construction Loan Agreement dated October , 2003 (the "Loan Agreement "). D. To secure its obligations under the Note, the Company is executing and delivering to the Mortgagee a Mortgage and Security Agreement and Fixture Financing Statement (`Mortgage "); with an Assignment of Rents and Leases each dated October , 2003. E. The Note, the Mortgage, the Loan Agreement and the Assignment of Rents and Leases are hereinafter collectively referred to as the "Loan Documents ". F. The Company's development of the Premises is subject to the covenants, conditions, restrictions, and provisions of the Contract, certain provisions of which are or may be in conflict with the provisions of the Loan Documents and this Agreement is being entered into for the purpose of resolving such conflicts. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: The Agency certifies that as of the date of this Agreement no default exists under the terms of the Contract. 2. Subject to the provisions of Paragraphs 7 and 8 herein, the Agency hereby subordinates in all respects to the Loan Documents, and the interest of the Mortgagee, thereunder, and to the liens thereof, any and all right, title or interest the Agency has, may have or may hereafter acquire in the Premises, the Project or any insurance proceeds or condemnation awards with respect thereto, and including without limitation any rights of reversion, reentry or forfeiture of the Premises available to the Agency, which are in all respects subordinate to the Loan Documents and the liens created thereby notwithstanding the order of recording, date of execution and delivery, order of performance or any other priority requirements which may otherwise exist. 3. The Agency acknowledges receipt of copies of the Loan Documents and further acknowledges that this Subordination Agreement, the Loan Documents and the loan evidenced thereby are each hereby authorized and approved under the terms of the Contract. 4. The Agency hereby agrees that all rights of the Agency to approve or disapprove changes to the Construction Plans for the Project or any amendments thereto are set forth in the Contract. 5. If a default or Event of Default occurs under the Loan Documents, the Mortgagee will give the Agency written notice thereof, and the Agency shall have the right but not the obligation to cure said default or Event of Default provided said cure is performed or effected by the Agency within thirty (30) days following said notice. The Mortgagee will accept any such performance or cure by the Agency. Nothing contained in this paragraph shall be deemed to prevent the Mortgagee from commencing foreclosure proceedings or pursuing any other remedy it may have under the Loan Documents, or otherwise, prior to the expiration of such period so long as a foreclosure sale is not held during such period. If, following the occurrence of any default or Event of Default under the Loan Documents, and upon the failure on the part of the Agency to exercise its rights described in Paragraph 5 above to cure said default or Event of Default, the Mortgagee forecloses by action or advertisement or accepts a Deed in Lieu of Foreclosure to the Premises or the Project from the Company, the Agency agrees that upon recording of such Sheriff's Certificate or Deed in Lieu of Foreclosure, all right, title and interest of the Agency in or to the Premises and the Project under the Contract or the Agency Deed, including, but not limited to, the Agency's rights to reversion of title and reentry as provided therein, shall -2- automatically terminate and be null and void and of no further force or effect, and, at the Mortgagee's request, the Agency will deliver, within ten (10) working days, to the Mortgagee a Quit Claim Deed covering the Premises and the Project. This Paragraph 6 is subject to the provisions of Paragraphs 7 and 8 herein. 7. In the event that, after receipt of a notice of default by the Company under the Contract, the Mortgagee (or any successor in interest to the Mortgagee) elects within a reasonable time to exercise any rights under the Contract to cure or remedy any breach or default by the Company under the Contract, with respect to construction of the Minimum Improvements (as defined in the Contract), then such exercise of rights or cure or remedy shall be in accordance with the terms of the Contract. Nothing herein shall be construed to create any obligation of the Mortgagee to perform under the contract or to cure or remedy any default of the Company under the Contract. 8. In the event that the Mortgagee exercises its right under Paragraph 7 to cure or remedy defaults and is diligently proceeding to do so, the Agency will. not exercise its right to re- enter and take title to and possession of the Premises; provided, however that in the event that the Minimum Improvements or other improvements reasonably satisfactory to the Agency are not completed within one year from the date the Mortgagee acquires title to the Project and Premises, the Agency shall, notwithstanding a foreclosure of the Mortgage, have the rights set forth in the Contract and the Agency Deed to re -enter and take title to and possession of the Premises pursuant to the Contract and the Agency Deed, by paying to the Mortgagee the principal amount and accrued interest on the Note as if they were outstanding plus costs and expenses of the Loan Agreement and amounts due under Mortgage as if they were outstanding. The provisions of this Paragraph 8 relating to the right to re -enter shall become null and void and of no further effect upon delivery by the Agency to the Company or the Mortgagee of the Certificate of Completion (as defined in the Contract) or upon filing by the Agency of a similar - certificate if improvements other than the Minimum Improvements are constructed. Nothing contained in this Paragraph 8 shall be construed to release the Company from its obligation to construct the Minimum Improvements as required by the Contract. 9. The Agency agrees that under any circumstances wherein the Premises may revest in the Agency such revesting shall be expressly subject and subordinate to the provisions of the Loan Documents and the lien of Mortgage. 10. The Agency represents to the Mortgagee as follows: a. The making, delivery and performance of this Agreement have been duly authorized by all necessary action and this Agreement, when executed, shall be the legal, valid and binding obligations of the Agency, enforceable in accordance with its terms; b. The Project is permitted by, and if completed in accordance with the Construction Plans submitted to and approved by the Agency under the Contract, will be consistent with the Redevelopment Plan (as defined in the Contract) and will, to the knowledge of the Agency, comply with all applicable zoning ordinances; -3- C. To the knowledge of the Agency, the Redevelopment Plan (as defined in the Contract) complies with all applicable environmental laws and regulations; and d. The making, delivery and performance of the Contract have been duly authorized by the Agency and is the legal, valid and binding obligation of the Agency. 11. Notwithstanding anything to the contrary contained herein, the terms and provisions of the exceptions to subordination set forth in Section 10.10(c) of the Contract, and the rights of the Agency thereunder, shall be and remain prior and superior to the Loan Documents and shall survive a foreclosure of the Mortgage, and the Mortgagee, or any other person or entity which acquires title to the Premises as a result of a foreclosure sale or Deed in Lieu of Foreclosure shall take title to the Premises subject to the terms and provisions thereof. 12. The Agency and the Mortgagee acknowledge that the Mortgagee is not a party to the Contract, and that this Subordination Agreement contains the entire agreement between the Agency and the Mortgagee with respect to each other under the Contract, and that this Agreement may be amended only in writing signed by both parties hereto. 13. The rights given to the Mortgagee under this Agreement are in addition to the rights of the Mortgagee under the Loan Documents and the documents related thereto. In the event of any inconsistency between the terms of this Agreement and the terms of the Loan Documents or the Contract, the terms of this Agreement shall control. to the benefit of each of the parties thereto and their respective successors and assigns. 14. Any notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified or registered mail, postage prepaid, when the proper addresses indicated below. Unless otherwise designated by the respective parties, all notices, certificates and communications to each of them shall be sent to the addresses designated below: Agency: The New Hope Development Authority 4401 Xylon Avenue North New Hope, Minnesota 55428 Mortgagee: The Business Bank Attention: Peter Reichardt 11100 Wayzata Boulevard, Suite 150 Minnetonka, Minnesota 55305 15. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns including any subsequent holder of the Mortgage. -4- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the day and year first above written. THE NEW ,,MOPE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its xecutive Direct r THE BUSINESS BANK B Its Senior Vice President STATE OF MINNESOTA ) / )ss. COUNTY OF J� ) The fore o' g ' srument was ack wledged befo xe this �7 day of October, 2003, by (A), %le�C.�- �o t � and the President and the Executive Director of the New Hope Economic Development Authority, a public body corporate and politic of the State of Minnesota, on behalf oftbe body rate and politic. Notary Public STEVEN A. SONDRALL STATE OF MINNESOTA ) O NOJWPUSUC- MINNESOTP ) SS. camn Expires Jan. 31, COUNTY OF L "Dk? — ) W The foregoing instrument was acknowledged before me this olS day of October, 2003, by the Senior Vice President of The Business Bank, a Minnesota corporation, on behalf of the corporation. PAULA HENDRICKSON i� Notary Public Minnesota Notary Public My commission Expires January 31 2005 THIS DOCUMENT WAS DRAFTED BY: BEST & FLANAGAN LLP 225 South Sixth Street, Suite 4000 Minneapolis, MN 55402 -4331 Phone: (612) 339 -7121 -5- O i EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, Paulsons Prairie, according to the plat thereof filed of record with the office of the Hennepin County recorder, Minnesota. O16438/230002i2680432 -6- Dated: July 27, 2005 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE LIMITED REVENUE TAX INCREMENT NOTE $449,991 The Economic Development Authority in and for the City of New Hope (the "Authority "), hereby acknowledges itself to be indebted and, for value received, promises to pay to the order of Navarre Corporation, a Minnesota corporation (the "Registered Owner "), or its registered assigns, solely from the source, to the extent and in the manner hereinafter provided, the principal amount of this Note, being Four Hundred Forty Nine Thousand Nine Hundred Ninety One and 00 /100 Dollars ($449,991.00) (the "Principal Amount "), together with interest thereon from July 27, 2005 at a rate of seven percent (7 %) per annum on the dates (the "Scheduled Payment Dates ") described below and in the amounts (the "Scheduled Payments ") described below. Scheduled Payment Dates shall be February 1 St and August 1" of each year commencing August 1, 2005 and continuing until August 1, 2011. Upon 30 days' prior written notice from the Authority to the Registered Owner, the Principal Amount is subject to prepayment at the option of the Authority in whole or in part, without penalty, at any time. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Registered Owner and mailed to the Registered Owner at its postal address within the United States which shall be designated from time to time by the Registered Owner. This Note is a special and limited obligation and not a general obligation which been issued by the Authority pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, Subdivision 4, to aid in financing a "project ", as therein defined, of the Authority consisting generally of defraying certain public redevelopment costs incurred and to be incurred by or on behalf of the Authority within and for the benefit of its Redevelopment Project No. 1 (the "Project Area "). THIS NOTE IS NOT A GENERAL OBLIGATION OF THE AUTHORITY OR THE CITY OF NEW HOPE, MINNESOTA (THE "CITY ") OR THE STATE OF MINNESOTA (THE "STATE "), AND NEITHER THE CITY, THE AUTHORITY, THE STATE NOR ANY POLITICAL SUBDIVISION OF ANY OF THESE ENTITIES SHALL BE LIABLE ON THIS NOTE, NOR SHALL THIS NOTE BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX INCREMENT, AS DEFINED BELOW. A Scheduled Payment on this Revenue Note due on any Scheduled Payment Date is payable solely from and only to the extent that the Authority shall have received, as of such Scheduled Payment Date, "Available Tax Increment" which is defined in the Contract for Private Redevelopment dated November 12, 2002 by and between the Authority and New Hope LLC, a Minnesota limited liability company (the "Agreement ") (the interest of New Hope, LLC thereunder having been assigned to and assumed by the Registered Owner pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003) as tax increment received by the Authority as of a Scheduled Payment Date and with respect to the Redevelopment Project, including improvements thereto, as defined in the Agreement and located within the Authority's Tax Increment Financing District No. 02 -1. The Authority shall pay the Available Tax Increment to the Registered Owner on each Scheduled Payment Date. On August 1, 2011, the maturity date of this Note, any unpaid portion shall be deemed to have been paid in full. This Note shall not be payable from or constitute a charge upon any funds of the Authority, and the Authority shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Authority makes no representations or covenants, express or implied, that the revenues described herein will be sufficient to pay, in whole or in part, the amounts which are or may otherwise become due and payable hereunder. The Authority's payment obligations hereunder shall be further conditioned on the fact that there shall not at the time of payment have occurred and be continuing an "Event of Default ", as defined in the Agreement, and, further, if pursuant to the occurrence of an Event of Default the Authority elects to terminate the Agreement, then the Authority shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to the provisions of the Agreement for a fuller statement of the obligations of the Redeveloper and of the rights of the Authority thereunder, and said provisions of the Agreement are hereby incorporated by reference into this Note to the same extent as if they were set out in full herein. The execution and delivery of this Note by the Authority, and the acceptance thereof by the Redeveloper, as the initial Registered Owner hereof, shall conclusively establish this Note as the "Note" required from the Authority under the Agreement. The Registered Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the Authority, or of any other public body, and neither the Authority nor any director, commissioner, council member, board member, officer, employee or agent of the Authority, nor any person executing or registering this Note, shall be liable personally hereon by reason of the issuance or registration hereof or otherwise. 2 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law. This Note may be assigned, but upon such assignment the assignor shall promptly notify the Executive Director of the Authority at the offices of the Authority, by registered or certified mail, and the assignee shall surrender this Note to the Authority either: (i) in exchange for a new fully registered note or (ii) for transfer of this Note on the registration records for the Note then maintained by the Authority. Each such assignee shall take this Note subject to the foregoing condition and also subject to all provisions stated or referenced herein. The Authority has elected to issue this Note as a non -tax exempt obligation and accordingly does not anticipate that the interest on this Note is or will be generally exempt from federal or state income taxes, and the Authority makes no representation or covenant with respect to any such exemption. IN WITNESS WIIEREOF, the Authority has caused this Note to be executed by the manual signatures of its President and Executive Director and has caused this Note to be dated as of the date first set forth above. President This instrument was drafted by: Krass Monroe, P.A. 8000 Norman Center Drive, Suite 1000 Minneapolis, Minnesota 55437 (952) 885 -5999 c. Oani Don ue Executive Director 3 It is hereby certified that the foregoing Note, as originally issued on July 27, 2005, was on said date registered in the name of Navarre Corporation, a Minnesota corporation, and that, at the request of said Registered Owner of this Note, the undersigned has this day registered this Note as to principal and interest on the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. Name of Date of Signature of Registered Owner Registration Executive Director Navarre Corporation July 27, 2005 7400 49th Ave N Dani J. Donahue New Hope, MN 55428 G: \WPDATA \N \NEW HOPE \0800C\REVENUE NOTE.DOC m CERTIFICATE OF COMPLETION WHEREAS, the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota (the "Grantor "), by a Deed recorded in the Office of the Registrar of Titles in and for the County of Hennepin, State of Minnesota, as Document Number 3878374 (the "Deed "), has conveyed to Navarre Corporation, a Minnesota corporation (the "Grantee," which Grantee is the successor in interest to New Hope, LLC, a Minnesota limited liability company, under that certain Contract for Private Redevelopment dated November 12, 2002 by and between the Grantor and New Hope LLC), the following described land in the County of Hennepin and State of Minnesota: The East 145 feet of the South 1/ of the Southwest Quarter of the Northwest Quarter of Section 8, Township 118, Range 21, Hennepin County, Minnesota and now being a part of Lot 1, Block 1, Paulsons Prairie, according to the plat thereof filed of record with the Office of the Hennepin County Recorder, Hennepin County, Minnesota. WHEREAS, the Deed contained certain covenants, conditions and restrictions, the breach of which by the Grantee, its successors and assigns, would result in a forfeiture and right of re- entry by the Grantor, its successors and assigns, said covenants and restrictions being set forth in the Deed; and WHEREAS, the Grantee has performed said covenants, conditions and restrictions insofar as the Grantee is able and in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee pursuant to the Deed have been completed and/or caused by the Grantee and this is further to certify that the provisions for forfeiture of title and right to re -entry for breach of condition subsequent by the Grantor therein are hereby released absolutely and forever insofar as they apply to the land described in this certification, and the Registrar of Titles in and for the County of Hennepin, State of Minnesota is hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants, conditions and restrictions described in the Deed, and the corresponding covenants, conditions and restrictions appearing in the contract cited therein, and relating to the land described in this certification, the breach of which covenants, conditions and/or restrictions would have resulted in a forfeiture and right of re- entry; provided that it is hereby declared and agreed by the Grantor and the Grantee that any covenants, conditions and restrictions relating to relating to the taxes payable for the "Redevelopment Project," as that term is defined in the contract cited therein, shall remain in full force and effect until the termination of said contract. Dated: July 27, 2005 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ss ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By Ma President By Daniel J. Donahue Executive Director On this � day of 2005 before me, a Notary Public, personally appeared Martin Opera Sr. and aniel . Donahue to me personally known and who by me duly sworn did say that they are the President and Executive Director, respectively, of the Economic Development Authority in and for the City of New Hope, and acknowledged the foregoing instrument on behalf of said Authority. 7 G: \WPDATA \N \NEW HOPE \0800C\CERTIFICATE OF COMPLETION.DOC ' 13644V Notary Public N Cor'd*fiuitc� o� - O'cou arc I - I nC its l.i :f } I:ocation. 7,400,'4' Avenu'e�11Iorth� ; f:,' issued: 7/1/2005 " Is xssued 6: ' Witcher Cotfst*tion Company .Permit: BL' 21766 ' This certifies that we, have accepted the b1i1ding at the above location situated on ; Lot 0001 0001, Five Thousand Winnetka 2 1 a Addition, to the dtyof(New Hope and I rind that the'sam.e.corhpties, to the best-of our•know, ledge and belief, with all the requirements' oFthe ordinances of the city relating, theretd is hereby; given for the occ1.ipppricy of �` ! said building, in whole � ©r impart, in'the manner for, the purpose herei�i below specil"ied. ' B," •5 - Occupancy IC sit I s ' R ogdfA xel , Builjin ci 'd I �• ` SWORN CONSTRUCTION STATEMENT Contract for private redevelopment by and between the New Hope Economic Development Authority and New Hope LLC, a Minnesota limited liability company (the "Contract "), the interest of New Rope, LLC thereunder having been assigned to and assumed by the Company pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003. (Improvement Project No. 728) This statement includes the names of entities to which payments were made, pursuant to Schedule G of the above referenced Contract, in the minimum amounts shown as evidencing the costs incurred in directly acquiring the Ahrens Tracking Site in connection with eminent domain proceedings by the Authority and evidencing the costs incurred by the Redeveloper for Public Improvements performed by the City and its contractors. Public Improvements Relocation City of New Hope Construction Project #1728 $233,657.96 City of New Hope Bonestroo Engineering / Jensen & Sondral 16,334.02 $249,991.98 Site Preparation / Ahrens Acquisitions Costs Ahrens Land Acquisition Costs $200,000.00 $200,000.00 The undersigned hereby certifies and states, as the Redeveloper of the Redevelopment Property shown above, that costs in the minimum amounts shown above were incurred and paid in connection with the Redevelopment Property. Lien waivers are not required from the Redeveloper for the City work performed. Redeveloper: Navarre By: RX U . Its: General Counsel and Secretary State of Minnesota County of Hennepin NOTARIAL STAMP OR SEAL Subscribed and sworn to before me on this 12S — Day of 2005 (SignatuTotarial Officer) CASEY FOX NOTARY PUBLIC - ANNNESOTA MY COMMISSION EXPIRES. lop o pp- P 0:1 F. 0 P P"-- 0 - - - - JANUARY 31, 2010 Contract for private redevelopment by and between the New Hope Economic Development Authority and New Hope LLC, a lYlinnesota limited liability company (the "Contract "), the interest of New Hope, LLC thereunder having been assigned to and assumed by the Company pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003. (Improvement Project No. 728) Redevelopment Property located at 7600 49 Avenue N., New Hope, MN 55428 ARCHETECTS CERTIFICATION The undersigned hereby certifies and states, as the Redeveloper's project architect, that the C,os+ -GeRi3 -for which payments were made shown on page 1 were necessary and incurred in connection with the Redevelopment Project first stated on that page. Project Architect for the Redeveloper KKE Archit cts, Inc. , By: r Its: State of Minnesota County of Hennepin Subscribed and Sworn to before me on this a Day of s1& -t om 2005 (Si ature of Notarial fficer) DIANE 1..,#0" Nsow y-r' HaT�tR1r Fl1l�iC -SOTft �r Gemmas,on�ipres,luy 'Jt, Zpro ' • �se NOTARIAL STAMP OR SEAL USE CERTIFICATE The undersigned hereby certifies on behalf of Navarre Corporation, a Minnesota corporation (the "Company"), as follows: 1. This Certificate is furnished pursuant to Section 3.3 of that certain Contract for Private Redevelopment dated November 12, 2002, by and between the New Hope Economic Development Authority and New Hope LLC, a Minnesota limited liability company (the "Contract ' ), the interest of New Hope, LLC thereunder having been assigned to and assumed by the Company pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003. Capitalized terms not defined herein shall have the meaning given them in the Contract. 2. No more than fifteen percent (15 %) of the buildings on the Redevelopment Property are currently, or will be, used for purposes other than: (a) the manufacturing or production of tangible personal property, including processing resulting in the change in condition of the property; (b) warehousing, storage, and distribution of tangible personal property, excluding retail sales; (c) research and development related to the activities listed in clauses (a) or (b); (d) telemarketing if that activity is the exclusive use of the property; (e) tourism facilities; (fl qualified border retail facilities; or (g) space necessary for and related to the activities listed in clauses (a) to (f). IN WITNESS WHEREOF, the undersigned has signed this Certificate as of this 1-5ill day of �j jkZ q , 20 . NA' Bv: Titlt " "&P— f WNPDATAW WEN HOPE\08'r MUSE CERTIFICATE.DOC JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail laweaJensen- sondrall.com GORDON L. JENSEN' GLEN A. NORTON AMY E. PAPENIIAUSEN STEVEN A.SONDRALL ARIL T. STIENESSEN STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association June 21, 2006 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: City of New Hope /Navarre Project Our File No.: 99.20301 Dear Val: Per Clarissa Klug, I am forwarding to you the Title Policy issued by Commonwealth Land Title Insurance Company. Please contact Steve Sondrall if you have any questions regarding the enclosed documentation. Thank you. Sincerely, Peri Houser Legal Secretary Jensen & Sondrall, P.A. Enclosure(s) P: \Attorney'\Cmk \Clients \CNH \99 - 20301 \CNH99 - 20301- 009 -Val Ltr Sending Title Policy.doc Lan erica C Commonwealth land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest: Secretary By: � s, President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmentai regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. L �1 b 6 l U l -- ` U e :'O 1081NOO uaAOO aplsui penulluo0 •uo!leNpi due anutluoo ao einoesoid 'puelap of uoile6pgo ao dl!i!geti due 6utpnpui `aleutwaal pegs 'apew eq of paa!nbaa sluewded ayi uugj aaylo 'a6ewep ao ssol pow t eto ayi col dopod styl aapun paansut a4i of suoile6ggo s,duedwo0 ayi '(!!) ao (t)(q) sydea6eaed U1 col poPlAoad suotldo ayi to aayi!a to duedwo(] 9141 dq astojaxe ayi uodn 'dud of pale6tlgo si duedwo0 a41 yoiym pue luawded to awtl ayi of do duedwo0 aql dq pazuo4lne aaam 14o14m luewleto paansut 941 dq paaanou sasuadxa pue seal ,sdawolle 'sisoo due 41tm aagia6oi 'dotlod sly) aapun aoi paptnoad abewep uo ssol a41 luewtelo paansu! eqj 4ltm allies asimieglo ao ded of (11) ao :ded of pole6ligo si duedwo(] a1414o!ym pue luawded to awll a41 of do duedwo0 ayi dq pazuoylne aaam y3114m luewrelo paansut ayi dq paa.inout sasuadxa pue seal ,sAawolle 'sisoo due 411m aaglabol 'dopod s141 aapun isute6e paansut wtelo due lumialo paansut ue to aweu a4i ul ao col satlaed aa43o 41!m allies asimra43o ao ded o1 (!) •luewtElo paansul 941 4l!M ao paansul a4l uBgl a8y10 sa!laEd 4l!M OI11aS 2stmua410 ao ded Ol (q) u01lelleoueo col duedwo(] 941 of paiepuaaans eq treys doliod ayl pue 'uo!1e6!1!l due anutluoo ao `91noesoad 'puelap of uolle6ligo ao dlll!geti due 6utpnpui 'aleu!waal lleys 'pa.gnbaa luawded ayi a�ew of ueyl aaylo 'dollod s!yl aapun pamsui eql of suolle6tigo pue dl!pgep Ire ' uotldo stye 10 duedwo0 ay1 dq espaaxe ayi uodn •ded o1 pale6tigo si duedwo0 ayl yotym pue luawded to aapual ao luawded to awil ayi of do 'duedwo(] ayi dq pezuoglne aaam yo14m 'luewrep paansut a4i dq pawnoui sasuadxa pue seal ,sdawoile 'sisoo due 4l!m aayla6ol dopod s!41 aapun aomnsul to lunowe a4i 10 luawded aapual ao ded o1 •eoue.insul to lunowy aql to luawded aapual ao ded 01 (e) :suotldo leuoillppe 6u!mopol ay1 aney ileys duedwo0 aql doilod styl aapun weep a to aseo ul 'A.611i8V /!l d0 N0I1VlNIWa31 'SWIV TILLS 3SM13H10 HO AW Ol SNOIIdO 9 •wtelo le14l of se doilod styi aapun duedwo0 941 to ditpgell due aieutwaal treys 4dea6eaed styl ut paatnbaa se sallied palyl woal uotleuwolui daessooeu dlgeuoseau amoas of uotsstwaad luea6 ao uolleuuolui palsanbaa digeuose9a a9143o aonpoad yleo aapun uo!leutwexe col 1!wgns of luewieto paansut eql to aanied •w!ep a4i 10 uo!lealslutwpe 941 ui daessaoau s! 1! 'duedwo0 ayi 10 luaw6pnf algeuoseaa 941 u1 'ssalun saaylo of pasopslp aq iou leegs uoiloaS s141 of luensand duedwo(] ay1 of paptnoad luewrelo paansu! 941 dq telluapguoo se p2leu6tsep u011euu0lut py •96ewep ao ssol 0141 of ulelaad digeuoseai yolym 'dlaed pa141 a to loiluoo ao dpolsm ayi ut epueaowaw pue eouepuodsaaaoo 'gm4o 'saa6pal 's>loog 'spuooaa Ire ddoo pue loodsul 'auiwexa of duedwo0 ayi 10 8Alieluesaadaa pazuoylne due col 'bullum ul 'uo!ss!waad sit luea6 ileys luewtep paansut a41 'duedwo(] 8 411 0 2A!leluesaadai pezuoyine due dq palsanbaa 1! 'aa4land •96ewep ao ssol ayi of urelaad dlgeuoseaa yOlym 'd011od to ale(] aalle ao 9aolaq alep a 6waeaq aaglaym 'epueaowaw pue eouepuodsaaaoo 's�oago 'saa6pal 's�ooq 'spaooei lfe 'duedwo0 8141 10 eA!ieluasaadaa pezuoylne due dq paleu6tsep aq dew se sooeld pus sewil algeuoseaa yons le '6u!ddoo pue uopoadsui 'uo!ieu!wexa uol aonpoad pet's pue duedwo0 94i to anpeluesaadaa pezuoylne due dq 41eo aapun uotisuiwexe of llwgns of paambaa aq dlgeuoseaa dew luewtelo paansu! 941 'uo!1!ppe ui •aftwep ao ssol to looad yons 6uutnbaa saallew ao aallew ayl of pae6aa 4llm 'uo!le6ii!l due anutluoo ao 'emoasoad 'puelap of uotle6tigo ao d1111geil due 6u!pniout 'aleutuwal treys dotlod a4i aapun paansut ayi o) suotle6pgo s,duedwo(] a4i `a6eump ao ssol to looid paatnbaa 0y1 apinoad 01 luewrelo paansut a4l to aaniel a4l dq paotpnfaad si duedwo0 e41 11 'eft- wep ao ssol 941 to lunoum ayi 6u!letn3teo to siseq aql 'alq!ssod luaixe eql of 'aiels Iis4s pue a6ewep ao ssol to siseq ay1 salnl!lsuoo gotym doilod styl dq isutebe paansui aallew aa4lo ao 'allp ay1 uo 9oueagwnou9 ao uap ao 'ul loolop 941 aquosep ileys a6ewep uo ssol to looad 941 •96ewep ao ssol ayi of asu 6uIA16 slOel ayi utepoose pe4s lumiulo paansui a141 aalle sdep 06 utyl!m duedwo0 . ayl of peyslwnl eq leegs luewtep paansui ay1 dq of woms pue paubis a6ewep ao ssol to looad e 'duedwo0 941 p9P!Aoad ueeq aney suotleindilS pue suoil!puo(] esegl to E uo!loaS aapun paatnbaa sao!lou ayl a811e pus 01 uoll!ppe ul '3umva tie SS01 d0 d00ad S °uotieaad000 yons 6uumbei saallew ao aallew ayi of paebaa yl!m 'uope611tl due anutluoo ao 'ainoesoad 'puelap of uotle6ggo ao dllpgeg due 6utpnpui 'eieu!uual treys do!lod a41 aapun paansui a4i of suo11e6tigo s,duedwo0 ayi 'uotieaad000 paatnbaa eql 4stwnl of paansui aql to aanpei ayi dq paotpnfaad si duedwo(] eql 11 •paansut se isaaalut ao alelsa ayi of 91111 941 4s!lgelsa of algeatsep ao daesseoeu aq dew duedwo(] aql to uotutdo ayl u! 4ot4m toe lnlmel aaglo due u! (!!) pue `luaweillas 6u!139}}a ao '6ulpeeooud ao uotloe e4l 6uipuelop ao 6ullnoesoad 'sassaul!m 6u!ulelgo 'aoueptna 6uunoas '6u!paeowd ao uoiloe due u! (!) pie algeuoseaa Ile duedwo(] ayi an16 11e4s 'esuedxe s,duedwoo 941 le 'paansu) eql 'duedwo0 ayl dq palsanbaa uaAeuegM •asodand s!41 col paansui eql to 9uaeu ayl 'uoildo sl! le 'esn of duedwo(] 941 l!waad pue 'ulaaayl sleadde ile pue '6uipoaOOad ao uotloe ayi ui asualap apinoad ao alnoasoad os of ly6u ayi duedwo0 941 of amoas lle4s paansw a41 '6uipaaooad ao uotloe due to asualap 941 col op!Aoad ao alnoasoad of duedwo(] 241 saatnbei ao sltuwed dapod s1141 aaaym seseo Ile ul (p) •aapao ao luaw6pnf asaOApe due woal leadde of 'uo!18aost13 alos sl! ui 'ly6u ayi sanu0saa dlssaadxa pue suolleindilS pue suoll!puo0 uo!lotpsunf lualadwoo to lino a dq uo!leutuwalap leull of uotie6!lii due ansand dew duedwo0 ayi 'doilod st4l 10 suoislAOad ay1 dq poll!uwad ao paatnbei se asualap e posodaalut ao uotloe ue ly6noaq aney pegs duedwo(] 9141 aanauagm (0) dtlua 0s op ile4s 11 '4dea6eaed s1y1 aapun siy6u sl! aspaaxe Heys duedwoo a4l 11 •doilod s!ql JO uolstAOad due anrem ao ditigEtl apeouoo dgaaa4l iou ileys pue 'aapunaaay aigeil aq pegs 1! iou ao aaylegm 'doilod s!4l to swaal ayl aapun uotloe aleudo.idde due 95pj dew duedwoo ay1 •paansut eql of a6ewep ao ssol eonpaa ao lu9Aaad of ao 'paansut se 'Isaaelui uo alelsa ay1 of alltl ayi 4stigeise of aige.nsep ao kessooeu eq dew uotutdo s1! ul 4otym toe a9ylo due op of ao 6ulpaaooid ao uotloe due alnoesoad pue alnl!lsul of 'lsoo umo s1! ie '146u a4i aney pegs duedwoo 941 (q) •dotiod s!yl dg paansui iou saallew 96alle yo14m uotloe to sesneo aso14110 asualap 941 w paansui ayi dq paaanoui sasuadxa ao sisoo 'seal due ded iou prm duedwo0 941 - lesunoo aagjo due to seal ayi ded 1ou rpm pue col alge!t aq iou treys pue uotloe to sasneo palels esoyi of se paansu) ayi luasaadaa of (asneo algeuoseaa aol loafgo of paansut aql to 146u ayi of loafgns) eoloyo sit to lesunoo bales of 146u aql aney Ireys duedwo0 ey1 •doilod st14l dq isute6e paansut aallew aa410 ao eoueagwnoue ao u2!t 'loalop a buftlle uotloe to sesneo paiels eso4i of se dluo inq 'paansui se isaaalut ao 011!1 914101 McApe weep a spasse dlied pn4l due 4o14m ut uolle611g ut paansut ue to asualap aql col ap!Aoid treys 'AL-lop atgeuoseaaun inoyllm pue lsoo umo sl! le 'duedwo(] aql 'suotietndtlS pue suotltpuo0 asagl to g uotloaS ui paureluoo suotldo ayi of loafgns pue paansut 941 dq isenbei uellum uodn (e) '31V 83d000 Ol 1NVWIV IO a3tunSNl d0 Alna 1 SN0110'd 10 Wun03SOad ONV/ 3SN3d3a 't •eoipnfaad a4i to luaixe 941 of dluo uayl pue amllel ayi dq paotpnfaad aq treys duedwo0 ayi sselun dotiod sal aapun paansu due to sly6u ayi eo!pnfa aseo ou ut !legs duedwo0 a4l dl!pou 01 aaniel leyl 'aanamoy 'paptnoad !paainbaa si aotlou ldwoad yo!ym col saallew ao aallew 04101 Pas60a yltm aleulwaal Heys duedwo(] aql to ditltgetl Ile paansut a4i of se uayl 'duedwo0 eql of u0A16 aq iou lleys aotlou idwoad 11 •elgelaMmwun se paioefaa si 'paansut se 'isaaalut ao alelsa ayi of alit) 1! (i!1) ao 'Aoilod s1gl to 9niatA dq aigep eq dew duedwo(] a414ot4m col a6ewep ao ssol asneo ly6tw yol14m pue 'paansut se 'isaaalut ao alelsa ayi 01911!1 a4i 01 asaanpe St y314m isaaalut ao 9111110 wrelo due to aapunaaa4 paansut ue of awoo pegs 86palmouM aseo u! (n) 'molaq (e)q uo1loaS ut yiaol las se uotle6A1i due to aseo ui (1) butium ui dlidwoad duedwo(] 941 dltlou ileys paansut 941 '1NV3•WiVl13 a3anSN1 AS N3AIJ 38 Ol WIV IO d0 30110N T •paansut ayi 01 UOA16 a6e61aow Aeuow aseyoand a dq paanoes ssaupolg9pul ue (n) ao 'puei 9141 ut,lsaaalui ao alelsa ue (t) aaylta to paansut oql woal aase4oand due to aonel ui eoaol ui anutluoo 1ou pe4s doilod s141 •isaaalut ao alelsa 9141 to aOUed9nuo0 ao a0lsuml due ul paansut aql dq apew diueaaem to slueuaAOO 10 uoseaa dq d1111geti aney ileys paansw ayi se 6uot os dluo ao 'paansut eql woal aaseyoand e Aq u0A16 a6e61aow dauow aseyoand a dq paanoes ssaupalgaput ue sploy ao 'puel ayi ul lsaaalui ao alelsa ue suielaa paansut ayi se 6uol os dtuo paansut ue to aonel ut doltod to ale(] to se aoaol ut anutluoo pegs dollod sly) to a6eaa/m ayi 31111 d0 3ONV/A3AN00 113.E-1V! 3ONv8nSNi d0 N0uvnN11N00 Z . 'all!l elgEla>taew to daan119p a4i 6uutnbaa uoliipuoo renioealuoo a to enla!A dq aseyoand of uotle6!lgo a4i woal pesealaa aq of y ainpayoS ui paquosap isaaalut ao 9leise a14l to aaseyoand L alique pinom yotym '96eaaAO3 woal peldeoxe ao papnloxa lou 'puel a14l of ail!l ayi 6u!loalle aallew luaaedde ao pa6alfe ue : „911t1 94i to dlp!ge1a�aewun„ (6) 'Paled sl PUel a41 4 ut louisiP 9 41 col lino loulslp sawis pawn a4i to �aalo ayi to spuooaa ayi ut pel!l sueti uolloolaad feluewuoatnue apnput osle treys „spiooei oilgnd„ 'a6eaano0 woad suo!snpx3 041 to (Al)(?) l. U01109S of loedsaa 4i1M •96polmou)i inoyiim pue amen col saaseyoand of Apecload lean 01 6u1iel9a saallew 10 aotlou 0A113rulsuoO butlaedwi to asodand ayi col dopod to ale(] le seinlels alels aapun paysllgels0 spaooaa :.spaooaa Opgnd„ (1) 'ivawnulsul dlunoes aaylo ao `peep isnal 'lsrul to peep 'a6e6iaow : (a) •doted s!4l dq paansut si puel ayl woal pue 01 MOOR 10 1y6u a yOlym 01 lualxa 941 Itwrl ao dl!pow pegs ulaaay 6u141ou inq 'sdemielem 10 sdem 'sauei 'sdaife 'senuem 'speoa 'slaaals 6utlinge ul luawasee ao alelsa 'isaaalut '911!1 'ly6u due iou `y elnpopoS ui of paaaalaa ao paquosap eaae a4i 10 scull ayl puodaq dliedoad due apnput iou soop „puei„ uwal a41 •dlaadoad lean alniilsuoo met dq 140t4m olaaa14l pax!lle slu9weAoadw1 pue 'd ainpayoS ui of peaual0a ao paquosap Pus! 941 :.PUBl. (P) ° PUei a416ulloalle saallew 10 a0ilou 9Atlonaisuoo laedwi yo14m spaooei aa4lo due ao dopod. stye ul pautlap se spaooei olignd o4l to uoseaa dq paansut ue of paindwt aq dew yo!ym aotlou ao 06polmouN antlorulsuoo iou 'abpelmoq lenioe : „umoq. ao pe6palmou>l. (o) •e6euiep ao ssol 6uiwielo paansut ue : paansut (q) •saoss000ns kmonpy ao 2leaodaoo ao 'upl10 ixau 'saA!leivasaadaa reuosaad 'S10A!Auns 'saastAap 'saainquisip 'satay 'ol paltwtl iou inq '6utpnpui aseyoand woal paystn6utlstp se met to uolieaado dq paansut paureu 94i to isaaalut aql of paaoons Oqm asogj 'paansut poweu ayi isute6e pet' aney pinom duedwoa aql sasualop ao slgbu due of loefgns 'pue 'y ainpayoS ui paweu paansut ayi :„paansut (e) :uvew dollod slyl ut pasn ua4m swaal butmopol 941 SW1331 d0 NOI11Nld3a 'l SNouvind11S QNVI SNOUMN00 LandAme order No.: 202436 o OWNER'S POLICY FOR TITLE INSURANCE SCHEDULE A Amount of Insurance: $6,400,680.00 Policy Number: 202436 Date of Policy: August 17, 2004, at 5:00 P.M. as to Abstract May 05, 2005, at 5:00 P.M. as to Torrens 1. Name of Insured: NL Ventures IV New Hope, L.P., a Texas limited partnership 2. The estate or interest in the land which is covered by this Policy is: fee simple 3. Title to the estate or interest in the land is vested in: NL Ventures IV New Hope, L.P., a Texas limited partnership 4. The land referred to in this Policy is situate in the County /Counties of Hennepin, State of Minnesota, and is described as follows: See Exhibit "A" attached hereto. Note for Information: Property is Abstract and Torrens Certificate No. 1153870 Commonwealth Land Title Insurance Company •E Q. Authorized Signature Page 1 of 4 Order No.: 202436 EXHIBIT A Lot 1, Block 1, Paulsons Prairie, according to the plat thereof on record and of-file with the Office of the County Recorder of Hennepin County, Minnesota Together with the terms and conditions of Reciprocal Easements, Covenants, Conditions and Restrictions dated .tune 16, 2003, filed of record November 18, 2003, as Documents Nos. 3878380 (T) and 8228395 (A). Page 2 of 4 Order No.: 202436 SCHEDULE B EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Real estate taxes for and payable in the 2nd 1/2 of 2004 and thereafter. Real estate taxes for the first half of the year 2004 and in prior years are paid. 2. Levied and pending assessments hereafter levied. There are no levied or pending special assessments now of record. 3. Temporary Construction easement dated August 5, 2003, filed of record November 18, 2003, as Document No. 3878379 (T). by and between Navarre Corporation and Andrews, Inc. 4. PUD Development Agreement and Variance for Navarre Corporation dated September 25, 2003, filed of record November 18, 2003, as Document Nos. 3878376 (T) and 8228396 (A). Amended by First Amendment to PUD Development Agreement and Variance for Navarre Corporation dated October 23, 2003, filed of record November 18, 2003, as Document Nos. 3878381 (T) and 8228397 (A). 5. Agreement of Reciprocal Easements, Covenants, Conditions and Restrictions easement over in favor of as contained in , dated June 16, 2003, filed of record November 18, 2003, as Document Nos. 3878380 (T) and 8228395 (A) by and between Navarre Corporation and Cambridge Apartments, Inc. Amended by Amendment to Agreement of Reciprocal Easements, Covenants, Conditions and Restrictions filed of record August 17, 2004 (A), as Document No. 8419975 (A) and filed of record May 5, 2005 (T), as Document No. 4110227 (T). 6. Agreement to Maintain Easement dated May 27, 2004, filed of record August 17, 2004 (A), as Document No. 8419976 (A) and filed of record May 5, 2005 (T), as Document No. 4110228 (T), by and between Navarre Croporation and City of New Hope. 7. Memorandum of Lease dated May 27, 2004, filed or record August 17, 2004 (A) and May 5, 2005 (T), as Document Nos. 8419980 (A) and 4110233 (T), by Navarre Corporation (lessor), and NL Venture IV New Hope, L.P. (lessee). 8. Mortgage and Security Agreement and Fixture Financing Statement dated May 27, 2004, filed of record August 17, 2004 (A), as Document No. 8419978 (A) and filed of record May 5, 2005 (T), as Document No. 4110231 (T), executed by NL Ventures IV New Hope, L.P., a Texas limited partnership, to Dougherty Funding LLC, a Delaware limited liability company, in the original principal amount of $4,800,000.00. 9. Assignment of Rents and Leases dated May 27, 2004, filed of record August 17, 2004 (A) as Document No. 8419978 (A) and filed of record May 5, 2005 (T), as Document No. 4110232 (T), by NL Ventures IV New Hope, L.P., a Texas limited partnership, to Dougherty Funding LLC, a Delaware limited liability company. 10. Subject to the terms and conditions contained in unrecorded Contract for Private Redevelopment dated November 12, 2002 by amd betweem New Hope Economic Redevelopment Authority and New Hope, LLC. The Company hereby insures the Insured that the right of reverter have been terminated by EDA Subordination Agreement dated May 27, 2004, filed of record August 17, 2004 (A), as Document No. 8419981 (A), by and between New Hope Economic Development Authority, Navarre Corporation and Dougherty Funding, LLC, 11. Subordination, Non - Disturbance and Attornment Agreement dated May 27, 2004, filed of record August 17, 2004 (A) and May 5, 2005 (T), as Document Nos. 8419982 (A) and 4110234 (T), by and between Navarre Corporation, NL Ventures IV New Hope, L.P. and Dougherty Funding, LLC. 12. Financing Statement(s) of record as follows: Secretary of State, State of Minnesota, on June 14, 2004, as File No. 200412185955. Debtor: NL Venturees IV New Hope, L.P. Secured Party: Dougherty Funding LLC NOTE FOR INFORMATION: The following item(s) no longer affect the subject property, The Company, however, will not be responsible for the removal of said item(s) from the Certificate of Title: a. Easement for railroad in favor of Soo Line Railroad Company as contained in instrument filed of record March 1, 1978, as Document No. 1261970. Purportedly released by Quit Claim Deed filed of record June 27, 1989, as Document No. 2022266. b. Easement for railroad in favor of Soo Line Railroad Company as contained in instrument filed of record March 1, 1978 as Document No. 1261971. Purportedly released by Quit Claim Deed filed of record June 27, 1989, as Document No. 2022266. END OF EXCEPTIONS LandA erica Order No.: 202436 Commonwealth ACCESS ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company hereby assures the Insured that the subject property abuts upon a physically open and publicly dedicated street known as 49th Avenue North, and the Company hereby insures the Insured against loss or damage sustained by the Insured by reason of said assurance proving to be incorrect. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and prior endorsements, nor does it increase the face amount thereof. fiorized Signature Access Endorsement Page 1 of 1 LandArnerica Order No.: 202436 Commonwealth ALTA ENDORSEMENT - FORM 9 RESTRICTIONS, ENCROACHMENTS, MINERALS ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company insures the Insured against loss or damage sustained by reason of: 1. The existence, at Date of Policy, of any of the following: a. Covenants, conditions or restrictions under which the interest of the Insured can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired. b. Unless expressly excepted in Schedule B: 1) Present violations on the land of any enforceable covenants, conditions or restrictions, and any existing improvements on the land which violate any building setback lines shown on a plat of subdivision recorded or filed in the public records. 2) Any instrument referred to in Schedule B as containing covenants, conditions - or restrictions on the land which, in addition, (i) establishes an easement on the land; (ii) provides a lien for liquidated damages; (iii) provides for a private charge or assessment; (iv) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant. 3) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment onto the land of existing improvements located on adjoining land. 4) Any encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B. 5) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records. 2. Any future violation on the land of any existing covenants, conditions or restrictions occurring prior to the acquisition of title to the estate or interest in the land by the insured, provided the violation results in: a. Loss of title to the estate or interest in the land. - 3. Damage to existing improvements, including lawns, shrubbery or trees: ALTA Form 9 - Restrictions, Encroachments, Minerals (Revised 10/17/98) Page 1 of 2 Order No.: 202436 a. Which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing improvements on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records. Wherever in this Endorsement the words "covenants, conditions or restrictions," appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraphs 1(b)(1) and 5, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it increase the face amount thereof. Commonwealth Land Title Insurance Company Authorized Signature ALTA Form 9 - Restrictions, Encroachments, Minerals (Revised 10/17(9$) Page 2 of 2 LandAmerica Order No.: 202436 Commonwealth ACCESS ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company hereby assures the Insured that the subject property abuts upon a physically open and publicly dedicated street known as 49th Avenue North, and the Company hereby insures the Insured against loss or damage sustained by the Insured by reason of said assurance proving to be incorrect. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and prior endorsements, nor does it increase the face amount thereof. Commonwealth Land Title insurance Company Authorized Signature Access Endorsement Page 1 of 1 ILI A �L �a n d� a Order No.: 202436 U ALTA 3.1 ZONING ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. The Company insures the Insured against loss or damage in the event that, at Date of Policy: a. According to applicable zoning ordinances and amendments thereto, the land is not classified Zone I, (Industrial Zoning District). b. The following use or uses are not allowed under that classification: Office /Warehouse Building and there shall be no liability under this Paragraph lb if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions or requirements contained in the zoning ordinances and amendments thereto mentioned above, including but not limited to the failure to secure necessary consents or authorizations as a perquisite to the use or uses. 2. The Company further insures the Insured against loss or damage arising from a final decree of a court of competent jurisdiction a. Prohibiting the use of the land, with any structure presently located thereon, as insured in Paragraph 1b; or b. Requiring the removal or alteration of the structure on the basis that, at Date of Policy, the ordinances and amendments thereto have been violated with respect to any of the following matters: 1) Area, width or depth of the land as a building site for the structure; 2) Floor space area of the structure; 3) Setback of the structure from the property lines of the land; or 4) Height of the structure; or 5) Number of parking spaces. There shall be no liability under this Endorsement based on: 1. The invalidity of the ordinances and amendments thereto mentioned above until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses. 2. The refusal of any person to purchase, lease or lend money on the estate or interest covered by this Policy. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it increase the face amount thereof. Commonwealth Land Title Insurance Company Authorized Signature ALTA 3.1 - Zoning - Completed Structure (Revised 10/17/98) Page 1 of 1 LandArn Order No.: 202436 Comm onwealth - CONTIGUITY SINGLE PARCEL ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company insures the Insured that the parcel as described on Schedule A is one contiguous parcel and insures the Insured against loss or damage by reason of the existence of any gaps within said parcel or between said parcel and the adjacent street or public roadway. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and prior endorsements, nor does it increase the face amount thereof. Common wealth Land T I Company / Authorized Signature Contiguity Single Parcel Endorsement Page 1 of 1 LandAmerica Order No.: 202436 Commonwealth CREDITOR'S CREDITOR'S RIGHTS ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Item 4 (Creditor's Rights) of the Exclusions from Coverage shown on the face page hereof, is hereby deleted. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and prior endorsements, nor does it increase the face amount thereof. Common / wealth Land Title Insurance Company Authorized Signature Creditor's Rights Page 1 of 1 LandAmerica Order No.: 202436 Commonwealth SURVEY ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company hereby insures the Insured against los8% damage which the Insured shall sustain by reason of any inaccuracy in the following assurance: The land described in Schedule A is the same land delineated on the survey made by McComb Frank Roos Associates, Inc., dated March 10, 2003, last revised April 27, 2004. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and any prior endorsements, nor does it increase the face amount thereof. Commonwealth Land Title Insurance Company Authorized Signature Survey Endorsement - 0 - Page 1 of 1 LandAmerica Order No.: 202436 Commonwealth TAX IDENTIFICATION NUMBER ENDORSEMENT ATTACHED TO OWNER'S POLICY NO. 202436 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The Company assures the Insured that said land described in Schedule A of this Policy is the same premises as that property described under Property Tax Identification No(s). 0811821230009 and that said Property Tax Identification No(s). does not include less or more property than the premises insured under this Policy. The Company hereby insures said Insured against loss or damage which said Insured shall sustain in the event said assurance herein shall prove to be incorrect. This Endorsement is made a part of the Policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and any prior endorsements, nor does it extend the effective date of the Policy and prior endorsements, nor does it increase the face amount thereof. Commonwealth L and Title Insurance Company / Authorized Signature Tax Identification Endorsement - 0 Page 1 of 1 CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non- insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261 -7567. OWNER'S POLICY OF TI INSU NC American Land Title Association (10/17/92) Issued by Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth LandAmerica Financial Group, Inc. 101 Gateway Centre Parkway Richmond, Virginia 23235 -5153 www.landam.com Title insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may call or write. Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261 -7567 telephone, toll free: 800 446 -7086 web: www.landam.com We thank you for choosing to do business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance underwriters. LandAmerica Commonwealth ..... PHASE I ENVIRONMENTAL SITE ASSESSMENT For: 7400 - 49th Avenue North New Hope, MN Prepared For: Navarre Corporation 7400 - 49th Avenue North New Hope, MN AND American United Life Insurance One American Square P.O. Box 368 Indianapolis, IN Pinnacle Engineering, Inc, 11000-93rd Avenue North Maple Grove, Minnesota, 55369 1500 First Avenue Northeast Rochester, Minnesota 55906 �n May 15, 1998 Mr. Charles Cheney Navarre Corporation 740049th Avenue North New Hope, MN 55428 -4258 Pinnacle Engineering, Inc. Tek 612 315 -4501 11000 -93rd Avenue North Fax: 612 315 -4507 Maple Grove, Minnesota 55369 pinnacle@scc.net RE: Phase I Environmental Site Assessment 740049th Avenue North, New Hope, Minnesota Pinnacle Project No.: MN98075.00 Dear Mr. Cheney: Pinnacle has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527 -97 of the property located at 7400 49th Avenue North, New Hope, Minnesota. Any exceptions to or deletions from this practice are described in Section 1.2 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the Site. No additional environmental investigation is recommended. If you have any questions or wish to discuss any particular aspect of the project, please contact me at (612) 315 -4501. We look forward to being of continued service to you. Sincerely, PINNACLE ENGINEERING, INC. jv Aw - 1, J'anelle Amendola Project Manager/ Engineer PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR: 7400-49TH AVENUE NORTH NEW HOPE, MINNESOTA PREPARED FOR: NAVARRE CORPORATION 7400-49TH AVENUE NORTH NEW HOPE, MN 55428-4258 AND AMERICAN UNITED LIFE INSURANCE COMPANY ONE AMERICAN SQUARE P.O. BOX 368 INDIANAPOLIS, IN 46206 PREPARED BY: PINNACLE ENGINEERING, INC. 11000 93RD AVENUE NORTH MAPLE GROVE, MN 55369 (612) 315-4501 PINNACLE PROJECT NUMBER: MN98075.00 May 15, 1998 This report was prepared by me or under my direct supervision jan6fle Amendola Pinnacle Engineering PAGE � �. � ' uNTn/ODu\-/ION........................................................................................ —'-----'''] ll . I ................................................................................ .—.--...------.—.l � }.7 Scope of Work ..................................................... ..................... --'---''...................... 1 1.3 Site Location and Current Use ...................................................................................... 2 � 2/l PHYSICAL SETTING ............................. .............................................................................. ? 2 -1 Topographic Review .......................................... .............................. .—_....................... 3 8 2.7 Geological Review ............................................ .......................... ................. ................. 3 7.3 Hydrogeological Review ............................................................ .................................... 3 2 .4 Wells ..—.—.--------,--..-----.--.--.-----'--...----..--.---. 3 .0 HISTORICAL REVIEW ........................................................................ ,—..—.—.._----.-4 3 .1 Aerial Photograph Review ...................... ..................................................................... 4 ^ 3.2 City Directory Review ................... ............. ................................... '............................... 5 3.3 Sanborn Fire Insurance Maps ....................................................................................... 5 � 3.4(_h4in-0f-Title Review ........................................ ........................................................... 5 3.5 Interviews and Governmental Response .................................................................. 5 � 4.0 SURVEY .............................................................................. ____^____.6 4 ^I Site Observation ............................. ................................................................................. 6 � 4.2 Chemical Storage ----.—.-----'—.----.-----'.---.~—.—..---.—.—./6 4.3 Storage Tanks ..----.—.----.---.—.--------.-----.~_----__-6 � 4.4 PO � � '/-------'`— ~^ (PCBs) 4`5 Asbestos-Containing Materials (A[,M) ....................................................................... 7 4 .6 Surroundi Area ........................................................................................................... 7 5 .0 REGULATORY REVIEW ..................................................................................................... 7 5.1 Federal/SteteReCOrdS Review ...................................................................................... 7 6'0 CONCLUSIONS --''--------'^----'--'----------'—.--...,-.--.--.l4 / 7.0 REFERENCES ....................................................................................................................... }5 nmww-w. Figure I USGS Quadrangle Map Figure 2 Site Sketch Figure 3 Sites of Potential Concern - One Mile Radius Figure 4 Sites of Potential Concern - One-quarter Mile Radius Appendix A MGS Well Report Appendix B Site Survey Form Appendix C EDR Database Search Report Appendix D Resumes of Pet-sons Responsible for Report Preparation Appendix E Certificate of Liability Insurance Appendix F Letter of Engagement 1.0 INTRO 1.1 Introduction Mr. Charles Cheney of Navarre Corporation retained Pinnacle Engineering, Inc. (Pinnacle) to conduct a Phase I Environmental Site Assessment (ESA) of the property located 7400 49th Avenue North (Site) in New Hope, Minnesota. This report has been prepared. for the exclusive use of American United Life Insurance Company, Cambridge Apartments, Inc., and Navarre Corporation. No other parties may rely on the contents of this report unless written authorization is obtained from Pinnacle and Navarre Corporation. 1.2 Scope of Work Pinnacle's scope of work for this ESA conforms with the American Society for Testing and Materials (ASTM) practice E 1527 -97: "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process ". The purpose of this standard practice is to define good commercial and customary practice for conducting an ESA of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and petroleum products. As such this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability. It can also be used on a voluntary basis by parties who wish to assess the environmental condition of a parcel of property. In defining a standard of good commercial and customary practice for conducting an ESA of a parcel of property, the goal of the processes established by the ASTM practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de- minimus conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate government agencies. The ASTM Phase I ESA standards include: • A review of the readily available topographic, geologic, and hydrogeologic information relating to the Site and the surrounding area; Pinnacle Enguleezing, I nc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15 1998 (612) 315 -4501 Page • A review of the readily available historical land use information relating to the Site and surrounding area; • A limited review of the federal, state, and local regulatory information for potential environmental hazards on and up to a mile away from the Site; • Interviews of persons who have or might have knowledge of the current or past uses of the Site; • Visual characterization and observation of the Site to determine the presence of potential environmental hazards; and, • Preparation and submittal of a written report summarizing the findings of the Phase I Environmental Site Assessment. As specified in information from the lender, a review for asbestos and other potentially hazardous materials, including limited asbestos sampling if necessary, was included in the scope of this investigation. There were no other deviations from or additions to the ASTM standard practice during preparation of this report. 1.3 Site Location and Current Use The Site is an approximately six -acre parcel located at 7400 49th Avenue North, New Hope, Hennepin County, Minnesota. The Site is situated in. the NE quarter of the NW quarter of Section 8, Township 188 North Range 21 West. The Site can be found on the Minneapolis North, Minnesota USGS Quadrangle map. The parcel is occupied by a two -story office building with a high -bay warehouse. A site layout sketch is included as Figure 2. A property survey to ALTA specifications is required by the lender. It is our understanding that such a survey is already being completed for the property transfer, so Pinnacle has not prepared another survey. Pinnacle was not able to review the property survey during our investigation, but it has been our experience that a property survey does not typically provide relevant information on potential environmental concerns at the property. 2.0 PHYSICAL SETTING Published geologic information that was reviewed included United States Geological Survey 7.5 Quadrangle maps, hydrogeologic maps, geologic atlases, and the Minnesota Geological Survey County Well Index. Pinnacle Enggineerin ,Inc. Phase [Environmental Site Assessment 11000 93rd Avenue orth 7400 49th Avenue North, New Hope, MN Male Grove, MN 55369 May 15 1998 (61_) 315 -4501 _ Page 2.1 Topographic Review The Site is located in an area that slopes slightly downward toward the north- northeast. The elevation of the Site is approximately 900 feet above mean sea level, as reported on the Minneapolis North, Minnesota USGS Quadrangle map. Surficial water drains to city storm sewers at the north-northeast corner of the Site. 2.2 Geological Review According to published information, surficial geology in the area is characterized by glacial drift that consists primarily of gray loamy till and localized gravel deposits. The St. Peter Sandstone likely underlies surficial deposits at the Site at an elevation of 750-800 feet above mean sea level, approximately 100-150 feet below ground surface (BGS) (Anderson, et. al., 1974). The bedrock under the Site dips steeply downward to the west. 2.3 Hydrogeological Review Published hydrogeological maps indicate the regional water table flows in a southeasterly direction. Locally, the land surfaces at the Site and the surrounding properties slope downward to a wetland area at the northern end of the Site. The wetland appears to be a localized topographic low, which retains localized surface and groundwater flows. The groundwater table occurs at approximately 860 feet above mean sea level (approximately 40 feet BGS) (Anderson, et. al., 1974). Site specific groundwater flow conditions may be influenced by a variety of factors including, but not limited to, local topography, geologic anomalies, utilities, nearby wells or sumps, and local drainage patterns. Determining site specific groundwater flow information would require a groundwater investigation, which is beyond the scope of this Phase I. 2.4 Wells Pinnacle reviewed well log records at the Minnesota Geological Survey (MGS) for the area of the Site. These well records were compiled by the MGS from drilling contractor records and well log records submitted to the Minnesota Department of Health (MDH). The MGS well record is not a complete listing of all wells. Well drillers have only been required to report well drilling records to the MDH since 1975, and all of the wells reported to the MDH are not listed on the MGS database. There were no well records on file with the MGS for the property address. The MGS well report for the area surrounding this Site have been included in Appendix A. Pinnacle Engineering Inc. --- Phase I Environmental Site Ass 11000 93rd Avenue North 7400 49th Avenue North, New Ho e, MN Maple Grove, MN 55369 May 1 '1998 (612) 315-4,501 Page 3 3.0 HISTORICAL REVIEW Historical resources were examined to determine the past land usage of the Site and to identify land uses on nearby properties that may have had an environmental impact on the Site. Available sources of historical information consulted during preparation of this assessment included city directories, aerial photographs, fire insurance maps and personal interviews. The ASTM standard requires that all obvious uses of the property be identified back to the property's obvious first developed use (including agricultural use), or to 1940, whichever is earlier, through a. review of potentially useful, reasonably ascertainable standard historical sources. The earliest potentially useful, reasonably ascertainable, standard historical source available for the Site was from 1937. 3.1 Aerial Photograph Review The following aerial photographs of the Site were obtained from the University of Minnesota's Wilson Library. Interested Parties can find the original aerial photographs at Wilson Library. PHOTOGRAPH DATE PHOTOGRAPH IDENTIFICATION NUMBER 8/4/37 WN-10-855 1945 18-165 5/15/56 HHJ-906 ---5/6/57 WN-IT-7 5/13/60 MCY-8-5 4/26/62 AA-12-236 10/14/64 WN-2EE-114 1966 18 11/13/67 BDR-1-94 11/12/71 CLK-856 1975 N4500-W9315 1978 EVZ-891 1991 NAPP-3142-76 The 1937 through 1956 aerial photographs showed that the Site and the surrounding area were principally used as farmland with residential development to the southeast. A homestead and driveway was evident at the southwest corner of the Site. Two railroad lines were apparent to the north and east. Additional residential and some commercial development continued around the site to the to north, east, Pinnacle Engineering, Inc. Phase 1 Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15, 1998 (6N 315-4501 Page 4 and south through 1964. The New Hope Ice Arena is present adjacent to the Site by 1962. Residential development to the west is evident by 1967. No significant changes to the Site or the surrounding area were observed until the 1991 aerial photograph, which showed the Site as vacant urban land with some grading along the east side of the Site. 3.2 City Directory Review City directories provide listings of businesses and residences arranged by street address for the year the directory was published. Directories for the Site were available for 1993, 1995, 1996, and 1997/1998. Information sources included Cole's Directory for Minneapolis (1997/98) and the Polk Cross- Reference Greater Directory, Minneapolis Metropolitan Area, Minnesota (1993 - 1996). The Navarre Corporation is listed as the Site occupant in 1996 and 1997/98. The Site is listed as under construction in 1995 and is not listed in the 1993 directory. 3.3 Sanborn Fire Insurance Maps EDR conducted a search of Sanborn Fire Insurance maps. The Sanborn Fire Insurance maps contain information regarding the area's structures and locations of fuel and /or chemical storage tanks which may have been located on or near the Site. Sanborn Fire Insurance maps were not available for the Site. 3.4 Chain -of -Title Review It is our understanding a 50 -year chain -of -title record review is being completed as part of the property transfer. This information was not made available to Pinnacle during preparation of this report. Based on other historical information collected during preparation of this report, it is not expected there were any previous Site occupants whose actions posed an environmental risk to the Site. 3.5 Interviews and Governmental Response Pinnacle requested information from the New Hope Fire /Building Inspector on three occasions, but the inspector did not respond to our requests within the time allowed for report preparation. Pinnacle interviewed Mr. Charles Cheney, President of Navarre Corporation, during the Site visit. He provided the following information, based on his knowledge of the Site; • No underground storage tanks are present at the Site; • The building is connected to city water and sewer systems; • No wells are located on the Site; • No septic system is located at the Site; Pinnacle Enr* eenng, Inc. se I Pha Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15 1998 (6N2 315 -4501 _ Page 5 • There has been no uncontrolled dumping at the Site; and, • He is not aware of fill material from an unknown origin used at the Site. 4.0 WA X -OVER SURVEY On May 6, 1993, Mr. David Little performed a walk -over survey of the Site. The walk -over survey is designed to identify potential and actual environmental . concerns on and adjacent to the Site. Observations made during the initial walk- over survey were recorded in the Site Survey Form, a copy of which is attached as Appendix B. Pinnacle visited the Site at 12:30 PM, the sky was clear and the temperature was approximately 65° Fahrenheit. Mr. Little was unaccompanied during the Site walk -over. 4.1 Site Observation The Site is located in a small light industrial /commercial area within a larger residential area of New Hope. One, two -story high -bay office /warehouse building is located on the west part of the Site, with asphalt covered parking lots on the north and east sides of the building. The southern one -third of the building is a two -story office and reception area. The northern two - thirds is a high -bay warehouse and packaging area. The grounds surrounding the building are landscaped with grass and shrubs with a sitting area to the west of the building. The land surface slopes downward from the southwest to the north - northeast. Surficial drainage likely is northeast toward storm sewers that area connected to a pond and wetland located north of the building and south of the railroad tracks. 4.2 Chemical Storage Observations were made to evaluate the presence of chemical or petroleum product storage on or in the immediate vicinity of the Site. Cleaning chemicals were observed in a storage room in the main floor. No other hazardous chemicals were observed during the walk -over survey. 4.3 Storage Tanks Observations were made to determine if there are any storage tanks located on or in the immediate vicinity of the Site. No aboveground tanks or evidence of an underground storage tanks, such as fill pipes or vents were observed on the Site or in the immediate area surrounding the Site. Pinnacle Engineering, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Ho e, MN Maple Grove, MN 55369 May 15 1998 (612) 315 -4501 _ Page 6 4.4 Polychlorinated Biphenyl's (PCBs) Observations were made to identify equipment that may contain Polychlorinated Biphenyl's (PCBs). One pad - mounted transformer was located on the west side of the building. No leaking or staining was observed to be associated with the transformer. No labeling concerning the presence or absence of PCBs was observed on the transformer. 4.5 Asbestos - Containing Materials (ACM) Observations were performed during the walk -over survey to identify potential asbestos - containing materials (ACM). No potential ACM was identified. Based on historical information collected during this investigation, the building was constructed in 1995. The use of ACM in buildings constructed after 1980 is extremely limited. 4.6 Surrounding Area Observations were performed during the walk -over survey on the surrounding area. The area surrounding the Site appears to be primarily used for light industrial, commercial. and residential purposes. Areas adjacent to the Site are described below. North: Wetland, small woods, a railroad track, and commercial warehouses East: Asphalt covered parking lot, a new commercial warehouse building, and the New Hope Ice Arena; South: 49th Avenue North, Photo Corp., and residential; West: Wingate Apartments. 5.0 REGULAT®RY REVIEW 5.1 Federal /State Records Review Environmental Data Resources, Inc. (EDR) was commissioned to compile federal and state database information regarding potential environmental concerns at or within specified distances of the Site. Listings of potential environmental concerns within a 1.0 -mile radius of the Site are shown in Figure 3. Listings within a 0.25 - mile radius of the Site are shown in Figure 4. Unless stated otherwise in this section, the scope of Pinnacle's review focuses on regulatory agency files pertaining to specific sites that may have been identified. In addition, the EDR report listed several other locations, called "orphans ", which are facilities that could not be precisely located due to inadequate address information. Pinnacle reviewed this list Pinnacle Engineering, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15 1998 (6N2 315 -4501 _ N, 1998 and determined that none of these facilities correspond to the Site. Any orphan facilities identified by Pinnacle within the specified search distances for the databases on which they were identified are discussed in that database section. Attached as Appendix C, is a copy of the EDR file search evaluation, National Priorities List (NPL) NPL is the United States Environmental Protection Agency (EPA) listing of uncontrolled or abandoned hazardous waste sites which represent a significant threat to public health or the environment and are undergoing various stages of investigation and remediation. These are commonly known as federal Superfund sites. Sites on this list are added and deleted by a specific administrative process. • No NPL listings were identified on or within a 1.0 -mile radius of the Site. • No cleanup liens associated with NPL listings were identified for the Site. Delisted NPL This database lists those sites that were previously on the NPL database but have since been removed. A site can be removed from the NPL database when it is no longer considered a significant threat to public health or the environment. • No delisted NPL listings were identified on or within a 0.5 -mile radius of the Site. Resource Conservation and Recovery Information - Treat Storage and Disposal facilities (RCRIS -TSD) RCRIS sets the standards by which hazardous waste generators, handlers, and disposal facilities are classified. Facilities listed under RCRIS -TSD are sites that either treat, store, or dispose of hazardous waste. Inclusion on this list does not indicate that a release or mishandling of material has occurred at the facility, but it does indicate significant handling of hazardous waste. • No RCRIS -TSD facilities were identified on or within a 1.0 -mile radius of the Site. Superfund Permanent List of Priorities (SWH PLP The MPCA Permanent List of Priorities (PLP) is a state listing of verified hazardous waste sites that represent a threat to public health or the environment and are priorities for cleanup. These sites have confirmed contamination and are undergoing various stages of investigation and remediation. Sites on this list are added and deleted by a specific administrative process. These sites are commonly known as State Superfund sites. • No PLP listings or properties delisted from the PLP were identified on or within a 1.0 -mile radius of the Site. Pinnacle EnZeerin Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15 1998 (612) 315- 4501 _ Page 8 Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS The Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) is the EPA database of potential or actual hazardous waste sites. Sites on this list that warrant further investigation or remediation are candidates for further enforcement action under the state and/or federal Superfund programs. • No CERCLIS listings were identified on or within a 1.0-mile radius of the Site. No Further Remedial Action Planned Sites, removed from CERC (CERC- NFRAP The NFRAP list identifies those sites removed from the CERCLIS database. These facilities may have been removed because it was determined no investigation and/or remediation was needed or because the contamination identified at the site has been remediated to the satisfaction of the regulating agency. • No CERC-NFRAP listings were identified on or within a 0.5-mile radius of the Site. Corrective Action Reports (CORRACTS) CORRACTS identifies hazardous waste activity. handlers with RCRA corrective action • No CORRACTS listings were identified on or within a 0.5-mile radius of the Site. State Landfill The MPCA List of Permitted Solid Waste Facilitates is a listing of those facilities or areas in the state that have been issued permits for solid waste handling or disposal. • No State Landfill listings were identified on or within, a 0.5-mile radius of the Site. Leaking Underground Storage Tanks (LUST) This list is from the MPCA Underground Storage Tank Information System database and lists those leaks or releases that have been reported. • The Site was not identified on this database. • Two LUST listings were identified within a 0.5-mile radius of the Site. These listings are listed as Wingate Apartments, located at 7820-49th Avenue, approximately 0-1-mile west of the Site and Continental Baking at 5130 Winnetka Avenue. The EDR report indicated that the Wingate Apartment site was closed in 1994, which indicates that the MPCA no longer considered the Pinnacle En T* Avenue eatin Inc. I Phase Environmental Site Assessment 11000 93rd e e ort� 7400 49th Avenue North, New Hope MN Maple Grove, MN 55369 May , 1998 (612) 315-4501 Page 9 release a significant threat to human health or the environment. This does not, however, guarantee that all of the contamination has been removed from the release property. However, due to the closed status and the amount of time that has passed since the release investigation was closed, it is unlikely this release has adversely impacted the Site. The Continental Baking company is approximately 1/3 -mile northwest of the Site. Based on the distance to the Site, this release is not likely to impact the Site. Underground Storage Tank File (UST) This list is from the MPCA Underground Storage Tank Information System database that contains information about registered underground storage tanks, reported leaking underground storage tanks, and reported leaks or spills of petroleum products and /or hazardous substances. These lists are managed and continuously updated by MPCA staff. Inclusion in this list does not imply that a release has occurred. • The Site was not identified on this database. • Three UST listings were identified within a 0.25 -mile radius of the Site. These listings include the Wingate Apartments and the Continental Baking properties, discussed in LUST section and Model Stone, located at 7300 -49th Avenue North. Please refer to the EDR Report for specific information regarding these listings. Aboveground Storage Tanks (AST) This is a listing of facilities with aboveground storage tanks registered with the MPCA. Inclusion in this list does not imply that a release has occurred. • No AST listings were identified on or within a 0.125 -mile radius of the Site. RCRA Administrative Tracking System (RAATS) RAATS contains records from enforcement actions issued under RCRA to major violators. Information regarding administrative and civil actions brought by the EPA is included in this list. • No RAATS listings were identified on or within a 0.125 -mile radius of the Site. Resource Conservation and Recovery Information System - Small - Quantity Generators (RCRIS -SOG) RCRIS sets the standards by which hazardous waste generators are classified. Facilities listed under RCRIS -SQG are small - quantity generators that generate from 100 kilograms (kg) to 1,000 kg of hazardous waste per month. Inclusion on this list does not indicate that a release or mishandling of material has occurred. • No RCRIS -SQG listings were identified on or within a 0.25 -mile radius of the Site. Pinnacle Engineering, dnc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Male Grove, MN 55369 May 15, 1998 (61..) 315 -4501 Page 10 Resource Conservation and Recovery Information System - Large - Quantity Genera RCRIS -LOG) RCRIS sets the standards by which hazardous waste generators are classified. Facilities listed under RCRIS -LQG are large - quantity hazardous waste generators that generate more that 1,000 kg of hazardous waste per month. Inclusion on this list does not indicate that a release or mishandling of material has occurred at the facility. ® No RCRIS -LQG listing was identified on or within a 0.25 -mile radius of the Site, Hazardous Materials Information Reporting S sy tem (HMIRS) HMIRS contains information regarding spills of hazardous substances that were reported to the Department of Transportation. • No HMIRS listings were identified on or within a 0.25 -mile radius of the Site. PCB Activity Database System ,PADS PADS identifies generators, transports, and disposers of PCB's that are required to notify the EPA of such activities. • The Site was not identified on this database. Emergency Response Notification System (ERNS) ERNS is a national database used to collect information on reported accidental releases of petroleum and other hazardous substances. The database contains information from spill reports made to federal authorities including the EPA, the Coast Guard, the National Response Center, and the Department of Transportation. • No ERNS listings were identified on or within a 0.25 -mile radius of the Site. Facility Index System (FINDS) The EPA FINDS database contains information and identified programs under which a specific facility is regulated. FINDS contains information on the following regulatory programs: RCRIS, CERCLIS, PADS, Toxic Chemical Release Inventory System (IRIS), and the Toxic Substances Control Act (TSCA). • The Site was not identified on this database Toxic Chemical Release . Inventory System (T RIS TRIS identifies facilities that use or process reportable quantities of toxic chemicals as defined under SARA Title III, Section 313. These facilities are required to submit annual reports describing the ultimate destination of the toxic chemicals including the amount incorporated into the manufactured product and any intentional Pinnacle En ineering, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15, 1998 (612) 315 -4501 Page 11 discharges or accidental releases into the air, water, land, or sewer system. The annual reports required under this act are commonly referred to as Form R reports. • The Site was not identified on this database. Toxic Substances Control Act (TSCA) TSCA identifies manufacturers and importers of chemical substances that are included on the TSCA Chemical Substance Inventory list. Information on this list includes the volume of substances produced or imported at particular sites. • The Site was not identified on this database. Material Licensing Trackin em IX4T MLTS is maintained by the Nuclear Regulatory Commission and contains a list of facilities that possess or use radioactive materials and are subject to licensing requirements. • The Site was not identified on this database. Minnesota List of Sites and Open Dump Inventory (MN LS This database is a combination of two previously separate databases. The MPCA 1980 Metropolitan Area Waste Disposal Site Inventory is a collection of U.S. Geological Survey topographic maps and Hudson's Street Maps that show the locations of abandoned dumps, demolition sites, tree disposal sites, fly ash sites, foundry sand and slag sites, surface impoundments, and other dumps within the Twin Cities Metropolitan area. The MPCA 1980 Statewide Open Dump Inventory is a collection of lists and maps that show the locations of municipal waste disposal facilities, industrial surface impoundments, and closed municipal dump sites. Most of these sites were discovered prior to the creation of the MPCA, and detailed information about listings on these databases is generally not available. • No MN LS listings were identified on or within a 1.0-mile radius of the Site. Generators Associated The MPCA Regulatory Compliance, Hazardous Waste Enforcement Log is a listing of facilities that have had previous compliance problems with hazardous waste rules or regulations and have been reported to the MPCA. • No MN Enforcement Log listings were identified on or within a 0.25-mile radius of the Site. Voluntary Investigaafi2on and Clean-up Program (MN VIC) The MPCA Voluntary Investigation and Cleanup Unit List is a registry of properties at which a voluntary investigation and/or cleanup has been or is being conducted, Pinnacle Engm*eenng, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New H e, MN TA Maple Grove, N 55369 0 (612) 315-4501 May N, 1998 Page 12 with MPCA staff providing technical review of the investigation and any necessary remedial activities. • The Site was not identified on this database. • Nine MN VIC listings were identified within a 1.0-mile radius of the Site. Four of the listings are all located downgradient from the Site with regards to the published southeasterly groundwater flow direction. The remaining five listings are located at least 1/2 -mile away from the Site. Based on the distance and direction to these listings, none of the nine listings are likely to impact the Site. Please refer to the EDR Report for additional information on these listings. Minnesota Spills Log (MN Spills) This list is from the MPCA Tanks and Spills Information System database. Limited information is provided for the spills identified on this list. • The Site was not identified on this database. • Five MN Spills listings were identified within a 0.5-mile radius of the Site. All of the listings are more than 1/4 -mile away from the Site. Based on the separation distance, it is unlikely that any of the spills has impacted the Site.. Please refer to the EDR Report for specific information regarding these listings. Minnesota Pesticide Dealers (MN PEST.) This list identifies pesticide dealers and facilities that manage the use and distribution of pesticides. • The Site was not identified on this database. MN Fertilizer Dealers (MN FERTJ This list identifies fertilizer dealers and facilities that manage the use and distribution of fertilizers. • The Site was not identified on this database. MN Department of Agriculture Spills MN AGSPILLS) This database is a listing of agricultural chemical spills or releases that have been reported to the Minnesota Department of Agriculture. • The Site was not identified on this database. Minneso Landfill Cleanup._ Pro grarn MN T F C1_ eanup 'This list identifies dump sites or waste disposal facilities that are currently undergoing remedial activities. Pinnacle Engineering, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Male Grove, MN 55369 May 15, 1998 (61_) 315 -4501 Page 13 • No MN LF listings were identified on or within a 1.0 -mile radius of the Site. Minnesota Hazardous Waste Permit (MN HWS Permit) The MPCA Hazardous Waste Permit Unit Project Identification List is a listing of facilities that have received or are in the process of being issued a permit for treatment, storage, or disposal of hazardous waste. • No MN HWS Permit listings were identified on or within a 1.0 -mile radius of the Site. Superfund Records of Decision (ROD) ROD documents mandate a permanent remedy at an NPL site and contain technical and health information to aid in the cleanup. • No ROD listings were identified on or within a 0.5 -mile radius of the Site,. Superfund CERCL Consent Decrees (CONSENT) This list identifies major legal settlements that establish responsibility and standards for cleanup at Superfund sites. • No CONSENT listings were identified on or within a 0.5 -mile radius of the Site. Former Manufactured Gas (Coal Gas) Sites This is a listing of former Coal Gas Manufacturing facilities. • The Site was not identified on this database. 6.0 CONCLUSIONS Pinnacle has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E- 1527-97 of the property located at 7400 -40th Avenue North in New Hope, Minnesota. Any exceptions to or deletions from this practice are described in Section 1.2 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the Site. No additional environmental investigation is recommended. 7.0 STANDARD OF CARE Environmental services performed by Pinnacle's scientists and engineers for the project have been conducted in a manner consistent with the degree of care and technical skill appropriately exercised by environmental professionals currently practicing in this area under similar budget and time constraints. Recommendations or opinions contained in this report represent our best Pinnacle Enggme nn g, Inc. Phase I Environmental Site Assessment 11000 93rd Avenue North 7400 49th Avenue North, New Hope, MN Maple Grove, MN 55369 May 15, 1998 (612) 315 -4501 _ Page 14 professional judgment and are generally based upon available information and currently accepted practices for environmental professionals. Other than this, no warranty is expressed, nor is it implied, Information in this report obtained during interviews was accepted in good faith. Information obtained through databases is limited to the accuracy of those databases. Resumes of persons responsible for preparation of this report are included in Appendix D. Pinnacle's Certificate of Liability Insurance is included as Appendix E, and Appendix F has a copy of the engagement letter, signed by both Pinnacle and Charles Cheney of the Navarre Corporation. A full qualifications statement for Pinnacle Engineering including information on the personnel responsible for the preparation of this report has been provided with this report. Additional copies are available upon request. 8.0 REFERENCES Anderson, H.W. Farrell, D.F. Broussard, W.L. (1974) Water Resources of the Lozver Minnesota River Watershed, South Central Minnesota, Atlas HA -526, USGS. Pinnacle En ineering, Inc. Phase I Environmental Site Assessment 11000 93rd venue I�Iorth 7400 49th Avenue North, New Hope, MIST Male Grove, MN 55369 May 15, 1993 (61_) 315 -4501 Page 15 FIGURE 1 _k Park �. A. � 8R Q48 sA Park u rte r ✓ a� �?: �� f� ti.���� B klyn ] P rk Sch ma r fl ..... . . I ■� �! r ! ; te r;` 29 -- — — - -- -- 61 - - -- • � Park _' r � _ �� - � -- - � 62 O ,Pk , N 1 (PA L M E i� I ' t • 1 w /-- -�Y—_� S4 Iphagi,u, z ( v 4 0- IQ(. W 864 ' ov BErHr 872 J L ��assJ +hater Tank• -- 2 n a s - 94 Ol 1 1 , I o � I I �1�1���1��11111 ■ I i.. Park � p� J i rx � UL- JL- -16 ^� i r 1 ne rk v U ZI �" ' e City, �. M rli 1 7- +y� t70 � .... ^ ' .. � 63D 3 _ E N •86r :�u�,��, �r,.;j 873 0_0 YN I!I CRYSTAL CORP \ll — Lu - B6 r 6rsr q`f 6 - - Kyla fi � Pa '" L 68 C Park • CR Vf RPORr ,( °� B AV -" * f z \ il a 1 H E N q j )rthp f Park ■ i ® eks j • ,d i - O �n z l as 10 � t � •2 p a 54 A VE ° <-. ,jr .■ 51St w v r ke Se a8 ¢ 76 W ■ �� wit ° .6 a ake�� � 1 A ■ - 1 � �, . � ; .r y '�' as1'i; M� Wt =-�- ��M 5. General Current or Past Uses of Area (residential, commercial, agricultural, industrial, etc.) I ! 6. Roads Adjoining Sl _1 V6 vv 1\10(27 7. Provide a brief sketch of the Site. AVr T --------- Rqr-NIAC T a - o N 1I Y i3l ad P�. co(o n I rn(jt-t 0 Pinnacle Engineering, Inc. Page 2 Site Walk-Over Survey Form Last updated: Novern5er 18, 1996 r, r D� 'i f- L t� ddd L T --------- Rqr-NIAC T a - o N 1I Y i3l ad P�. co(o n I rn(jt-t 0 Pinnacle Engineering, Inc. Page 2 Site Walk-Over Survey Form Last updated: Novern5er 18, 1996 FIGURE 3 Sites of Potential Concern . Radius D 114 1/2 1 Yiks " Target Property A Sites at elevations higher than El 100 or equal to the target property • Sites at elevations lower than CONTACT: the target property 1 Coal Gasification Sites (if requested) ED National Priority list Sites M Landfill Sines D 114 1/2 1 Yiks " Power transmission lines by. Oil & Gas pipelines El 100 -year flood zone 7400 49th Avenue North 500 -year flood zone CONTACT: Wetlands per National CITY /STATE2IP: Wetlands Inventory (1834) TARGET PROPERTY: Navarre Corporation CUSTOMER: Pinnacle Engineering Inc. ADDRESS: 7400 49th Avenue North CONTACT: Ms. Janelle Amendola CITY /STATE2IP: New Hope MN 55442 INQUIRY #: 0250162.1r LAT /LONG: 45.0437 / 93.3752 DATE: April 30, 1998 9:53 am FIGURE 4 Sites of Potential Concern One-Quarter Mile Radius PY L A 01 be w 1% vi v r!d n{ ^r - - vIG�jv ! vc. 1 F G11tJ, 111tlC11119 1116. S00 LINE Pi TARGET PROPERTY: I arger vroperty A Sites at elevations higher than ADDRESS: m ° or equal to the target property CONTACT: + Sites at elevations lower than m I = the target property Jw° Oil &Gas pipelines 1 47 1P2 AYE N 47 92 AVEN i 100 -year flood zone DATE: Sensitive Receptors Priority Lis4 Sites 500 -year flood zone b Iz o z m m z � z z b EN z t7TN AVEN 47TH AVEN c a 7 z 47TH AVEN 47TH AVEN TARGET PROPERTY: I arger vroperty A Sites at elevations higher than ADDRESS: 7400 49th Avenue North or equal to the target property CONTACT: + Sites at elevations lower than ",? Power transmission lines the target property Jw° Oil &Gas pipelines 1 Coal Gasification Sites (if requested) i 100 -year flood zone DATE: Sensitive Receptors Priority Lis4 Sites 500 -year flood zone Wetlands per National El National Landfill Sites Wetlands Inventory (1994) TARGET PROPERTY: Navarre Corporation CUSTOMER: Pinnacle Engineering Inc. ADDRESS: 7400 49th Avenue North CONTACT: Ms. Janelle Amendola CITY /STATE2IP: New Hope MN 55442 INQUIRY #: 0250162.1r LAT /LONG: 45.0437/ 93.3752 DATE: April 30, 1998 9:55 am APPENDIX A MGS Well Report ------------------ DRILLER S/GEOLOGIC LOG DEPTH -------------------------------- ------------ INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] --------- [INTERPRETED LITHOLOGY ----------------- --------- ][CODE] ------------------------------------ [STRATIGRAPHIC UNIT(S) [AGE] 6 PIT ----- I [PIT ] [PITT] [PITT 6 30 CLAY YELLOW 9191 [CLAY ] [QTUR] [TILL, RED [QUA] 30 60 CLAY BLUE 8951 [CLAY ] [QTUG] [TILL, GRAY [QUA] 60 80 GRAVEL 1 8651 [GRAVEL ] [QFUU] [SAND ] (QUA] 80 93 WATER SAND 1 8451 [SAND --------------------------------------------------------- ] [QFUU] [SAND ] [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203554/27 NAME D. WICKLUND COUNTY HENNEPIN USE DOMESTIC T/R/SEC. 118/21/ 8DABDDC DEPTH 64 FT. ELEVATION: 878 FT.(TOPO CASED FT. DIAM. 3 IN. DRL/DS LOC.METH.: LOC.BY MGS STATUS : ACTIVE WHPA OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 4813 FLORIDA AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: ENTERED: 1991/08/24 UPDATED: 1991/09/11 DRILLED: 1958/10/18 DEPTH D: 64 FT. GROUT : COORDS.: DNR PA#: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- -------- ------ 1958/10/18 30 848 ------- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203554/27 NAME D. WICKLUND ---------------- ------------------- WELL CONSTRUCTION, [GROUT-----.- DIAM(IN) FROM(FT) TO(FT) MATERIAL AMNT UNITS CASING 1 3 SCREEN: DATA UNAVAILABLE. PUMP. INSTLLD?: YES DATE TYPE : OTHER DROP PIPE: FT. MATERIAL: ----------- I ------------------------------- --------------------------------- PUMPAGE TEST(S). STATIC WATER LEVEL: 30 FT. DATE: 1958/10/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ---- ------------ TEST 1: 30 2 25 .0 --------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG DEPTH 203555/27 ENTERED: 1991/08/24 INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS 1991/09/11 [EL.TOP ] --------- [INTERPRETED LITHOLOGY ------------ ------------------------------------------------ ] [CODE] [STRATIGRAPHIC UNIT(S) [AGE] 36 SAND DEPTH 83 FT. DEPTH D: - - - -- I [SAND ] [QFUU] [SAND [QUA] 36 40 CLAY DRL/DS YELLOW WELL CO. 8421 [CLAY ] [QTUB] [TILL, BROWN [QUA] 40 64 SAND WHPA YELLOW 1 8381 --------------------------------------------------------------------------- [SAND ] [QFUB] [SAND, BROWN [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203555/27 ENTERED: 1991/08/24 NAME LEANDER FASCHING UPDATED: 1991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1959/06/00 T/R/SEC. 118/21/ 8DACCDD DEPTH 83 FT. DEPTH D: 83 FT. ELEVATION: 894 FT.(TOPO CASED FT. GROUT : DIAM. 4 IN. DRL/DS 27246 :RENNER MAX WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 4709 GEORGIA AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- 1959/06/00 55 839 * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;k-* * * * * * * * * * * * * * * * * * * * * * MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203555/27 NAME LEANDER FASCHING --------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT----------- - - - - -] DIAM(IN) FROM M) TO(FT) MATERIAL AMNT UNITS -------- -------- -------- ---------- ---- ----- CASING 1 4 SCREEN: DATA UNAVAILABLE. PUMP. INSTLLD?: YES DATE 203556/27 TYPE --------------------------------------------------------------------------- : OTHER DROP PIPE: FT. MATERIAL: 1991/08/24 PUMPAGE TEST(S). UPDATED: STATIC WATER LEVEL: 55 FT. DATE: 1959/06/ USE ABANDONED LEVEL(FT) HOURS GPM ---------- DRAWDOWN(FT) T/R/SEC. TEST 1: --------------------------------------------------------------------------- ----- ---- 55 2 25 ------------ .0 DEPTH D: ------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG CASED DEPTH GROUT : -- INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS WELL CO. [EL.TOP ] --------- [INTERPRETED LITHOLOGY ] ----------------------------------------------------------- [CODE] [STRATIGRAPHIC UNIT(S) [AGE] 28 SAND STATUS : -- --- I [SAND ] [QFUU] [SAND ] [QUA] 28 31 CLAY & ROCK HARD 8661 [CLAY, COBBLE ] [QTUU] [TILL [QUA] 31 83 VERY COARSE SAND 8631 --------------------------------------------------------------------------- [SAND ] [QFUU] [SAND [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203556/27 ENTERED: 1991/08/24 NAME ROBBINSDALE ELEMENTARY UPDATED: 1991/09/11 COUNTY HENNEPIN USE ABANDONED DRILLED: 1951/12/00 T/R/SEC. 118/21/ 8DBCDDB DEPTH 258 FT. DEPTH D: 258 FT. ELEVATION: 905 FT.(TOPO CASED 180 FT. GROUT : DIAM. 10 IN. DRL/DS : 62012 :KEYS WELL CO. LOC.METH.: SEE REMRKS LOC.BY : MGS COORDS.: STATUS : ACTIVE WHPA DNR PAV DPTH BDRK: 185 FT. BEDROCK: PRAIRIE DU CHIEN GROUP OPEN HOLE: PRAIRIE DU CHIEN GROUP AQUIFER : PRAIRIE DU CHIEN GROUP ADDRESS : 6800 47TH AV. N , ROBBINSDALE , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- ---- --- 1951/12/00 40 865 -- - - COMMENTS: LOCATED BY CUSTODIAN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203556/27 NAME ROBBINSDALE ELEMENTARY ------------------------------------------------------------ --- - - - - -- WELL CONSTRUCTION. MINNESOTA COUNTY WELL INDEX. UN.NO.1C0. 203557/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 [GROUT------------ - - - - -] DIAM(IN) FROM(FT) ------- TO(FT) MATERIAL AMNT UNITS CASING -------- -------- 1 10 180 ---------- ---- ----- SCREEN. PRESENT?: NO OPEN HOLE FROM. 180 FT. TO: 258FT. PUMP. INSTLLD?: YES DATE MAKE SMITH MODEL: SIZE 7.5 H.P. VOLTS: 208 CAPACITY: 100 GPM TYPE ---------------- SUBMERSIBLE DROP PIPE: FT. MATERIAL: PUMPAGE ------------------------------------------------------------ TEST(S). STATIC WATER LEVEL: 40 FT. DATE: 1951/12/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) TEST 1: ---------------------------------------------------------------------------- ---------- ----- ---- 43 266 ------------ 3.0 --------------- DRILLER S/GEOLOGIC LOG DEPTH - ------------------------------------------------------------ INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL. TOP ] --------- [INTERPRETED LITHOLOGY ----------------------------------------------------------- ][CODE] [STRATIGRAPHIC UNIT (S) [AGE] 87 SAND - - - -- I [SAND ] [QFUU] [SAND ] [QUA] 87 156 HARDPAN CLAY 8181 [CLAY, HARDPAN, SILT ] [QTUU] [TILL [QUA] 156 175 BROWN HARDPAN 7491 [HARDPAN, SILT ] [QTUB] [TILL,BROWN [QUA] 175 185 SANDROCK HARDPAN 7301 [HARDPAN, SAND, SILT ] [QUTJTJ] [PLEISTOCENE DEPOSIT [QUA] 185 208 SHAKOPEE 7201 [DOLOMITE ] [OPDC] [PRAIRIE DU CHIEN GROUP [ORD] 208 258 LIMESTONE 6971 ------------------------------------------------------------- [DOLOMITE ] [OPDC] [PRAIRIE DU CHIEN GROUP [ORD] -- -------------------- MINNESOTA COUNTY WELL INDEX. UN.NO.1C0. 203557/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE T/R/SEC. 118/21/ 8DADCDA DEPTH ELEVATION: 880 FT.(TOPO CASED DIAM. 3 IN. DRL/DS LOC.METH.: [STRATIGRAPHIC UNIT (S) LOC.BY STATUS : ACTIVE WHPA DRILLED: 1962/06/16 67 FT. DEPTH D: 67 FT. FT. GROUT : 27259 :ASSOCIATED WELL CO. MGS COORDS.: DNR PA#: DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 4717 EDGEWOOD , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- -------- -------- ----- ---- - - - -__- 1962/06/16 30 850 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 20"3557/27 NAME ---------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT--- --------- --- -] DIAM(IN) FROM(FT) TO(FT) MATERIAL AMN'T UNITS --------- -------- --------- ---------- CASING 1 3 SCREEN. PRESENT?: YES MAKE JOHNSON TYPE: STAINLESS DIAM: 1.25 IN. SCREEN SLT/GZE LENGTH(FT) SETTING -------- ------- ---------- ------------------------------ SCREEN 1: 012 TOP: FT. BOTTOM: FT. PUMP : DATA UNAVAILABLE. PUMPAGE TEST: DATA UNAVAILABLE. ---------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL .TOP ] [INTERPRETED LITHOLOGY ] [CODE] [STRATIGRAPHIC UNIT (S) [AGE] 5 PIT I [PIT ] [PITT] [PITT 5 42 SAND 8751 [SAND ][QFUU][SAND ] [QUA] 42 45 HARDPAN 8381 [HARDPAN, SILT ] [QTUU] [TILL [QUA] 45 67 WATER SAND 1 8351 [SAND ] [QFUU] [SAND [QUA] --------------------------------------------------------------------------- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203558/27 NAME --------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT----------- - - - - -) DIAM(IN) FROM M) TO(FT) MATERIAL AMNT UNITS -------- -------- -------- ---------- ---- ----- CASING 1 3 SCREEN. PRESENT?: YES MAKE JOHNSON TYPE: DIEM: 1.25 IN. SCREEN SLT/GZE LENGTH(FT) SETTING -------- ------- ---------- ------------------------------ SCREEN 1: 010 7.5 TOP: FT. BOTTOM: FT. PUMP : DATA UNAVAILABLE. --------------------------------------------------------------------------- PUMPAGE TEST(S). STATIC WATER LEVEL: 50 FT. DATE: 1955/06/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ---- ------------ TEST 1: 1 25 ---------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203558/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: 1955/06/20 T/R/SEC. 118/21/ 8DCADDA DEPTH 85 FT. DEPTH D: 85 FT. ELEVATION: 900 FT.(TOPO CASED FT. GROUT : DIAM. 3 IN. DRL/DS 27062 :AAMOT WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PAV DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: ST.PETER AQUIFER ST.PETER ADDRESS 4615 HAMPSHIRE CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE ---------- NITRATE BACTERIA SOURCE SWL ELEV SOURCE 1955/06/20 ------- -------- ------- ---- so 850 - - - - - -- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203558/27 NAME --------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT----------- - - - - -) DIAM(IN) FROM M) TO(FT) MATERIAL AMNT UNITS -------- -------- -------- ---------- ---- ----- CASING 1 3 SCREEN. PRESENT?: YES MAKE JOHNSON TYPE: DIEM: 1.25 IN. SCREEN SLT/GZE LENGTH(FT) SETTING -------- ------- ---------- ------------------------------ SCREEN 1: 010 7.5 TOP: FT. BOTTOM: FT. PUMP : DATA UNAVAILABLE. --------------------------------------------------------------------------- PUMPAGE TEST(S). STATIC WATER LEVEL: 50 FT. DATE: 1955/06/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ---- ------------ TEST 1: 1 25 ---------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG ---------------------- DEPTH ------ ------- - - - - -- INTERVAL DRILLER S DESCRIPTION 203559/27 COLOR HARDNESS [EL. TOP ] --------- [INTERPRETED LITHOLOGY -------------------------------- ] [CODE] --------------------- [STRATIGRAPHIC UNIT (S) [AGE] 7 PIT ----------- ----- I [PIT ] [PITT] [PITT 7 78 SAND 1960/04/28 T/R/SEC. 8931 [SAND ] [QFUU] [SAND [QUA] 78 85 SANDSTONE 893 FT.(TOPO CASED 8221 -------------------------------------------------------------- [SANDSTONE ] [OSTP] [ST.PETER [ORD] 3 IN. DRL/DS : ------------- MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203559/27 ENTERED: 1991/08/24 NAME C. T. MCCORMICK UPDATED: 1991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1960/04/28 T/R/SEC. 118/21/ 8DDDABD DEPTH 65 FT. DEPTH D: 65 FT. ELEVATION: 893 FT.(TOPO CASED 61 FT. GROUT DIAM. 3 IN. DRL/DS : LOC.METH.: ADD.VERIF. LOC.BY : MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 6325 46TH AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- --------- ------- ----- - - - - - -- 1979/01/16 10 <1 EDINA 1960/04/28 36 857 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203559/27 NAME C. T. MCCORMICK --------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT------ --- --------- DIAM(IN) FROM(FT) TO(FT) MATERIAL AMNT UNITS -------- ---------- --- ----- CASING 1 3 61 SCREEN. PRESENT?: YES MAKE JOHNSON EVERDUR SCREEN SLT/GZE LENGTH(FT) -------- ------- --------- SCREEN 1: 012 4 TYPE: DIAM- 2 IN. SETTING ---- ------------------------- TOP: 61 FT. BOTTOM: 65-FT. PUMP DATA UNAVAILABLE. ----------------------------------------------------------------------------------- PUMPAGE TEST(S) STATIC WATER LEVEL: 36 FT. DATE: 1960/04/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ---- ---- ------------ TEST 1: 38 25 2.0 ----------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY ][CODE][STRATIGRAPHIC UNIT(S) [AGE] ---------- ------------------------------------------------------------ - - - -- 28 SAND BROWN [SAND ] [QFUB] [SAND,BROWN ] [QUA] 28 33 COARSE SAND BROWN 8651 [SAND ] [QFUB] [SAND,BROWN ] [QUA] 33 53 SAND BROWN I 8601 [SAND ] [QFUB] [SAND,BROWN ] [QUA] 53 65 WATER SAND BROWN 1 8401 [SAND ] [QFUB,] [SAND,BROWN [QUA] ------------------------------------------------------------------------------ MINNESOTA COUNTY WELL INDEX. UN.NO./CO. 203560/27 ENTERED: 1991/08/24 NAME KARLINS UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: 1956/12/14 T/R/SEC. 118/21/ 8DDDDDD DEPTH 85 FT. DEPTH D: 85 FT. ELEVATION: 890 FT.(TOPO CASED 70 FT. GROUT DIAM. 4 IN. DRL/DS 27062 :AAMOT WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: DPTH BDRK: 69 FT. BEDROCK: PLATTEVILLE OPEN HOLE: PLATTEVILLE AQUIFER : PLATTEVILLE ADDRESS : 4515 DOUGLAS AV. , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- --------- ------ ----- ---- - - - - - -- 1956/12/14 32 858 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203560/27 NAME KARLINS WELL CONSTRUCTION. [GROUT --- ....---- - - - - -- - - -] DIAM(IN) FROM(FT) TO(FT) MATERIAL AMNT UNITS CASING 1 4 70 SCREEN. PRESENT ?: NO OPEN HOLE FROM: 70 FT. TO: 85FT. PUMP : DATA UNAVAILLABLE. PUMPAGE TEST: DATA UNAVAILABLE. ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINNESOTA COUNTY WELL INDEX. DRILLER S /GEOLOGIC LOG DEPTH UN.NO. /CO. 223715/27 INTERVAL DRILLER S DESCRIPTION NAME COLOR HARDNESS [EL. TOP ] --- - - - - -- [INTERPRETED LITHOLOGY ------------------------------------------------------------ ] [CODE] [STRATIGRAPHIC UNIT (S) ] [AGE] 39 CLAY & BOULDERS DRILLED: 1960/11/28 - - - -- [ ] [CLAY, BOULDER ] [QTUU] [TILL ) [QUA] 39 69 CLAY & SAND CASED 59 FT. GROUT . [ 8511 [CLAY, SAND ][QUUU][PLEISTOCENE DEPOSIT ] [QUA] 69 83 LIME ROCK ADD.VERIF. LOC.BY : MGS [ 8211 [LIMESTONE ] [OPVL] [PLATTEVILLE ] [ORD] 83 85 SHALE YELLOW [ 8071 ---------------------------------------------------------------------- [SHALE ] [OGWD] [GLENWOOD ] (ORD] ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * - --- -- * * * * * ** ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINNESOTA COUNTY WELL INDEX. UN.NO. /CO. 223715/27 ENTERED: 1991/08/24 NAME UPDATED: 1,991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1960/11/28 T/R /SEC. 118/21/ 8DCDBCD DEPTH 61 FT. DEPTH D: 61, FT. ELEVATION: 905 FT.(I "OPO ) CASED 59 FT. GROUT . DIAM. 2 IN. DRL /DS : 27143 :DEPENDABLE WELL CO. LOC.METH.: ADD.VERIF. LOC.BY : MGS COORDS.: STATUS ACTIVE WHPA DNR PA #: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 6602 45TH AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI /WL: YES CWI /WC: NO CORE /CTTNGS /GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE -- - -- 1960/11/2,8 50 855 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 223715/27 NAME --------------------------- ------------------------------------ WELL CONSTRUCTION. MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 22371.6/27 ENTERED: 1991/08/23 NAME MIDWEST PLUMBING UPDATED: 1991/09/11 COUNTY HENNEPIN USE [GROUT---- ____----- - - - -_] DRILLED: 1960/10/17 T/R/SEC. DIAM(IN) FROM(FT) TO(FT) -------- MATERIAL AMNT UNITS 62 FT. CASING -------- I 2 59 ---------- 59 FT. SCREEN. DIAM. 2 IN. DRL/DS 27143 :DEPENDABLE WELL CO. PRESENT?: YES ADD.VERIF. LOC.BY MGS MAKE STATUS : TYPE: DIAM: 1.25 IN. SCREEN SLT/GZE LENGTH(FT) SETTING SCREEN ---------- 1: 3 -------------------------- TOP: 59 - - -- FT. BOTTOM: 61 FT. PUMP : DATA UNAVAILABLE. ------------------------------------------------------ PUMPAGE TEST(S). - -- ------- - ----------- STATIC WATER LEVEL: 50 FT. DATE: 1960/11/ LEVEL(FT) HOURS ---- GPM DRAWDOWN(FT) TEST 1: -------------------------------------------------------------------------- -- ----- 50 ---- ------------ 10 .0 ------------------- DRILLER S/GEOLOGIC LOG DEPTH __------------- - -- INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] --------- [INTERPRETED LITHOLOGY ------------------------------------------------------------ ][CODE][STRATIGRAPHIC UNIT(S) I [AGE] 37 SAND BROWN -__ -- I [SAND ] [QFUB] [SAND,BROWN ] [QUA] 37 45 CLAY GRAY 8681 [CLAY ] [QTUG] [TILL,GRAY [QUA] 45 57 SAND BROWN 8601 [SAND ] [QFUB] [SAND, BROWN [QUA] 57 61 SAND & WATER BROWN 8481 ----------------- [SAND ----------------------------------------------------------- ] [QFUB] [SAND, BROWN [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 22371.6/27 ENTERED: 1991/08/23 NAME MIDWEST PLUMBING UPDATED: 1991/09/11 COUNTY HENNEPIN USE COMMERCIAL DRILLED: 1960/10/17 T/R/SEC. 11.8/21/ 8DDDBBD DEPTH 62 FT. DEPTH D: 62 FT. ELEVATION: 891 FT.(TOPO CASED 59 FT. GROUT : DIAM. 2 IN. DRL/DS 27143 :DEPENDABLE WELL CO. LOC.METH.: ADD.VERIF. LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER - QUAT. WATER TABLE AQUIFER ADDRESS : 6407 46TH AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ----------- - ------- ----- - - - - - -- 1960/-10/17 45 846 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * * MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 223716/27 NAME MIDWEST PLUMBING ------------------- -------------------------------------------- WELL CONSTRUCTION, MINNESOTA COUNTY WELL INDEX, [GROUT------------ - - - - -J DIAM(IN) FROM(FT) TO(FT) -------- MATERIAL AMNT UNITS CASING -------- 1 2 -------- 59 ---------- ---- -- SCREEN. PRESENT?: YES MAKE TYPE: DIAM: 1.25 IN. SCREEN -------- SLT/GZE LENGTH (FT) SETTING SCREEN ------- ---------- 1: 3 ------------------------------ TOP: 59 FT. BOTTOM: 62 FT. PUMP : DATA UNAVAILABLE. ------------------------------------------------------------ PUMPAGE TEST(S). ------------ - - - - STATIC WATER LEVEL: 45 FT. DATE: 1960/10/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) TEST 1: --------------------------------------------------------------------------- ---------- ----- 45 ---- ------- 12 - - - - -- .0 ------------------ DRILLER S/GEOLOGIC LOG DEPTH -- ---------------------------------------------------------- INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] --------- [INTERPRETED LITHOLOGY --------------- ------------------------------------------------- I[CODE][STRATIGRAPHIC UNIT(S) J [AGE] 33 SAND BROWN ----- I [SAND I[QFUB] [SAND,BROWN I [QUA] 33 37 CLAY BROWN 8581 [CLAY I[QTUB] [TILL, BROWN J [QUA] 37 40 GRAVEL BROWN 8541 [GRAVEL ] [QFUB] [SAND,BROWN [QUA] 40 55 SAND BROWN 1 8511 [SAND ] [QFUB] [SAND, BROWN 1 [QUA] 55 62 WATER SAND BROWN 1 8361 [SAND I[QFUB] [SAND, BROWN [QUA] MINNESOTA COUNTY WELL INDEX, UN.NO.1CO. 533668/27 ENTERED: ENTERED: 1995/04/21 NAME MW-1 1991/09/11 UPDATED: 1995/05/24 COUNTY HENNEPIN USE MONITOR DRILLED: 1993/09/16 T/R/SEC. 118/21/ 8 DEPTH 16 FT. DEPTH D: 16 FT. ELEVATION: FT.( CASED 5 FT. GROUT : YES DIAM. 2 IN. DRL/DS 27653 :W.T.D. ENVIRONMENTAL ABANDONED: DNR PA#: UNUSED?: NO SEALED?: QUAT. BURIED ARIES. AQUIFER STATUS ACTIVE WHPA DNR PA#: ADDRESS 8001 BASS LAKE RD. , NEW HOPE , MN QUAD(7.5): CWI/WC: NO CORE/CTTNGS/GP.: CONTACT: LYNDALE GARDEN CENTER CWI/WL: NO CWI/WC: NO CORE/CTTNGS/GP.: SOURCE 1988/04/26 DATE ---------- NITRATE ------- BACTERIA SOURCE SWL ELEV SOURCE 1993/09/16 -------- ------- ----- ---- 5.0 - - - - - -- 27653 'COMMENTS: MW-1, REFERENCE #440-1714 MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. : W00023/27 ENTERED: 1991/07/05 NAME : SWANSON, ROBERT UPDATED: 1991/09/11 COUNTY : HENNEPIN USE DOMESTIC DRILLED: 1,988/04/26 T/R/SEC. : 118/21/ 8DDCD DEPTH 78 FT. DEPTH D: 78 FT. ELEVATION: 885 FT.(TOPO CASED FT. GROUT 75 FT. DIAM. IN. DRL/DS MORK LOC.METH.: LOC.BY MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: AQUIFER QUAT. BURIED ARIES. AQUIFER ADDRESS 4501 MARYLAND AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: NO CWI/WC: NO CORE/CTTNGS/GP.: DATE ---------- NITRATE BACTERIA SOURCE SWL ELEV SOURCE 1988/04/26 ------- -------- ------- ---- 25 860 ------ MORK * * * * * * * * * * * * * * * * k * * * * * * * * * * * * *,* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MINNESOTA COUNTY WELL INDEX. UN.NO./CO. W00114/27 ENTERED: 1991/07/05 NAME SLIKER, CANDY UPDATED: 1991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1988/03/19 T/R/SEC. 118/21/ BCCBD DEPTH 75 FT. DEPTH D:-- 75 FT. ELEVATION: 915 FT.(TOPO CASED FT. GROUT DIAM. IN. DRL/DS LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: AQUIFER QUAT. BURIED ARIES. AQUIFER ADDRESS 4609 RHODE ISLAND , NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: NO CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- ---- -------- 1988/03/19 55 860 STODOLA MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. W00146/27 ENTERED: 1991/07/05 NAME WILD, PAULA UPDATED: 1991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1988/04/07 T/R/SEC. 118/21/ 8ABCB DEPTH 55 FT. DEPTH D: 55 FT. ELEVATION: 880 FT.(TOPO CASED FT. GROUT T/R/SEC. DIAM. IN. DRL/DS DEPTH D: 110 FT. LOC.METH.: LOC.BY MGS COORDS.: GROUT STATUS ACTIVE WHPA DNR PA#: DRL/DS AQUIFER QUAT. WATER TABLE AQUIFER LOC.METH.: ADDRESS 5237 KENTUCKY , CRYSTAL , MN STATUS QUAD(7.5): MINNEAPOLIS NORTH CONTACT: DNR PA#: CWI/WL: NO CWI/WC: NO CORE/CTTNGS/GP.: DATE ---------- NITRATE BACTERIA SOURCE SWL ELEV SOURCE 1988/04/07 ---- -------- ------- ---- ---- 30 850 ------- STODOLA MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. W00147/27 ENTERED: 1991/07/05 NAME MUNDALL, CHARLIE UPDATED: 1991/09/11 COUNTY HENNEPIN USE DOMESTIC DRILLED: 1988/05/24 T/R/SEC. 118/21/ 8DBAC DEPTH 110 FT. DEPTH D: 110 FT. ELEVATION: 890 FT.(TOPO CASED FT. GROUT DIAM. IN. DRL/DS LOC.METH.: LOC.BY MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: AQUIFER QUAT. BURIED ARIES. AQUIFER * * * * * * * * * * * * A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MINNESOTA COUNTY WELL INDEX. UN,NO./CO. 114311/27 ENTERED: 1991/08/24 NAME ROBINSON RUBBER CO. UPDATED: 1995/10/11 COUNTY HENNEPIN USE DRILLED: 1975/05/10 T/R/SEC. 118/21/ 8CCDABB DEPTH 260 FT. DEPTH D: 260 FT. ELEVATION: 910 FT.(TOPO CASED 170 FT. GROUT : DIAM. 8 IN. DRL/DS 27015 :RENNER E.H. & SONS LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: DPTH BDRK: 93 FT. BEDROCK: ST.PETER OPEN HOLE: PRAIRIE DU CHIEN GROUP AQUIFER PRAIRIE DU CHIEN GROUP ADDRESS 4600 QUEBEC AV. N , NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: CUTTINGS DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- ----- ---- - - - - - -- 1975/05/10 55 855 COMMENTS: M.G.S. NO. 1030 M.G.S. NO. 1030 12712OC7505101182108CCDAB MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 114311/27 NAME ROBINSON RUBBER CO. ----- - - -- -- WELL CONSTRUCTION. [GROUT ---------------- I DIAM(IN) FROM(FT) TO(FT) MATERIAL AMNT UNITS ------- -------- -------- ---------- ---- ----- CASING 1 8 170 SCREEN. PRESENT?: NO OPEN HOLE FROM: 170 FT. TO: 260FT. PUMP. INSTLLD?: YES DATE MAKE HITACHI MOTOR MODEL: 5S6J4-S SIZE 7.5 H.P. VOLTS: 460 CAPACITY: GPM TYPE SUBMERSIBLE DROP PIPE: 84 FT. MATERIAL: - ------------------------------------------------------------------------ -- PUMPAGE TEST(S) STATIC WATER LEVEL: 55 FT. DATE: 1975/05/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ------------ TEST 1: 70 125 15.0 --------------------------------------------------------------------------- DRILLER S /GEOLOGIC LOG DEPTH HENNEPIN T/R /SEC. 118/21/ 8ABDABC ELEVATION: INTERVAL DRILLER S DESCRIPTION IN. COLOR HARDNESS [EL.TOP ) [INTERPRETED LITHOLOGY ][CODE)[STRATIGRAPHIC UNIT(S) ] [AGE] 0 16 CLAY BROWN [ 9101 [CLAY ][QTUB][TILL,BROWN ) [QUA) 16 35 CLAY GRAY [ 8941 [CLAY ] [QTUB] [TILL, BROWN ] [QUA] 35 92 COARSE GRAVEL MIXED [ 8751 [GRAVEL ] [QFUU] [SAND ] [QUA] 92 93 GRANITE BOULDER MIXED [ 8181 [BOULDER ) [QUUU] [PLEISTOCENE DEPOSIT ] [QUA] 93 100 SHALE SMOOTH 'TAN [ 8171 [SHALE ] [OSTP] [ST.PETER ] [ORD] 100 152 ST. PETER SANDSTONE SOFT TAN [ 8101 [SANDSTONE ] [OSTP] [ST.PETER ] [ORD] 152 156 SHALE STICKY RED [ 7581 [SHALE ] [OSTP] [ST.PETER ] [ORD] 156 158 ST. PETER HARD RED [ 7541 [SANDSTONE ] [OSTP] [ST.PETER ] [ORD] 158 160 SHALE SMOOTH GREEN -RED GREEN -RE [ 7521 [SHALE ] [OSTP] [ST.PETER ] [ORD) 160 165 SHALE SMOOTH BRIGHT RED RED [ 7501 [SHALE ] [OSTP] [ST.PETER ] [ORD] 165 167 ST. PETER SOFT TAN [ 7451 [SANDSTONE ] [OSTP] [ST.PETER ] [ORD] 167 168 ST. PETER W /SHALE HARD TAN -RED [ 7431 [SANDSTONE, SHALE ] [OSTP] [ST.PETER ] [ORD] 168 174 ST. PETER W /SHALE HARDER TAN -RED [ 7421 [SANDSTONE, SHALE ] [OSTP] [ST.PETER ] [ORD] 174 176 ST. PETER W /SHALE SOFT TAN- -RED [ 7361 [SANDSTONE, SHALE ][OSTP][ST.PETER ] [ORD] 176 184 SHALE SMOOTH ORANGISH RED [ 7341 [SHALE ] [OSTP] [ST.PETER ] (ORD] 184 189 ST. PETER HARD TAN [ 7261 [SANDSTONE ] [OSTP] [ST.PETER ] [ORD] 189 260 SKAKOPEE DOLOMITE VERY HARD RED [ 7211 [DOLOMITE ] [OPDC] [PRAIRIE DU CHIEN GROUP ] [ORD] ******************************************* * * * * * * * * * * * * * * * * ** * * * * * * * * * * * ** MINNESOTA COUNTY WELL INDEX. UN.NO. 1C0. 203543/27 NAME COUNTY HENNEPIN T/R /SEC. 118/21/ 8ABDABC ELEVATION: 878 FT.(TOPO ) DIAM. IN. LOC.METH.: STATUS : ACTIVE USE DEPTH 126 FT CASED FT DRL /DS : LOC.BY : MGS WHPA ENTERED: 1991/08/24 UPDATED: 1991/09/11 DRILLED: 1.956/05/02 DEPTH .D: :1.26 FT. GROUT . COORDS.: DNR PA #: DPTH BDRK: 60 FT. BEDROCK: ST.PETER ADDRESS : 5242 IDAHO AV. N , ROBBINSDALE , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ------ ------ 1956/05/02 28 850 COMMENTS: CASING: 024 TO 1 016 TO 0181. MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203543/27 NAME ------ _- -_- - -- WELL CONSTRUCTION. PUMP. INSTLLD?: YES DATE SIZE H.P. VOLTS: CAPACITY: 20 GPM ------------------------------------------------------------------------------ PUMPAGE TEST(S). STATIC WATER LEVEL: 28 FT. DATE: 1956/05/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ---- ------ - - - - -- TEST 1: 28 1 20 .0 ---------------------------------------------------------------------------- DRILLER S/GEOLOGIC LOG DEPTH 203544/27 ENTERED: 1991./08/24 INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS 1991/09/11 [EL.TOP ] --------- [INTERPRETED LITHOLOGY ------------------------------------------------------------ ][CODE][STRATIGRAPHIC UNIT(S) [AGE] 60 GRAVEL DEPTH 52 FT. DEPTH D: ----- I [GRAVEL ] [QFUU] [SAND ] [QUA] 60 100 SANDROCK DRL/DS SOFT 8181 [SANDSTONE ] [OSTP] [ST.PETER ] [ORD] 100 126 SANDROCK WHPA HARD 7781 --------------------------------------------------------------------------- [SANDSTONE ] [OSTP] [ST.PETER ] 'LORD] MINNESOTA COUNTY WELL INDEX. UN.NO./CO. 203544/27 ENTERED: 1991./08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: 1957/11 T/R/SEC. 118/21/ 8ADBCCA DEPTH 52 FT. DEPTH D: 52 FT. ELEVATION: 876 FT.(TOPO CASED FT. GROUT DIAM. 3 IN. DRL/DS LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#:- OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 6610 CORVALLIS AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ----------- ------- -------- ------- ---- - 1957/11/11 18 858 ------ MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203544/27 NAME QWT --------------------------------------------------------- ---------------------- WELL CONSTRUCTION. [GROUT---- ______._ - - - -_] DIAM(IN) FROM(FT) TO(FT) MATERIAL AMNT UNITS -------- -------- ------ ------- --- ---- ----- CASING 1 3 SCREEN: DATA UNAVAILABLE. PUMP. INSTLLD?: YES DATE SIZE H.P. VOLTS: CAPACITY: 20 GPM ----------------------------------------------------------------- PUMPAGE TEST(S). STATIC WATER LEVEL: 18 FT. DATE: 1957/11/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ----------- ----- ---- ------------ TEST 1: 1 20 --------------------------------------------------------------- ------------- DRILLER S/GEOLOGIC LOG ------------------- -------------------------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY ][CODE] [STRATIGRAPHIC UNIT(S) [AGE] --------- --------- ------------------ --------------------------------- ----- 52 SAND I [SAND ] [QFUU'] [SAND ] [QUA] -------------------------------------------------------------------------------- MINNESOTA COUNTY WELL INDEX. UN.NO./CO, 203545/27 ENTERED: 1991/08/24 NAME JOHN SITERSOW UPDATED: 1.991/09/11 COUNTY HENNEPIN USE DRILLED: 1958/11/11 T/R/SEC, 118/21/ 8ADBCDC DEPTH 52 FT. DEPTH D: 52 FT. ELEVATION: 878 FT.(TOPO CASED FT. GROUT :- DIAM. : 3 IN. DRL/DS : LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT, WATER TABLE AQUIFER ADDRESS : 6610 CORVALLIS AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- -------- ------- ---- ----- 1958/11/11 16 862 -- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1C0. : 203545/27 NAME JOHN SITERSOW ---------------------------------------------------------------------------- WELL CONSTRUCTION. (GROUT ---------------- I DIAM(IN) FROM (FT) TO (FT) MATERIAL AMN'T UNITS -------- -------- -------- ---------- ---- - - - -- CASING 1 3 SCREEN: DATA UNAVAILABLE. PUMP. INSTLLD?: YES DATE SIZE H.P. VOLTS: CAPACITY: 10 GPM --------------------------------------------------------------------------- PUMPAGE TEST(S) STATIC WATER LEVEL: 16 FT. DATE: 1958/11/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ---- -------------- TEST 1: 1 12 ---------------------------------------------- ------------------------------ DRILLER S/GEOLOGIC LOG ----------------------------------------------- ----------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY ]rCODEI[STRATIGRAPH TC UNIT(S) [AGE] L L --------- ------------- -------------------------------------------------- ----- 52 SAND I [SAND ] [QFUU'] [SAND ] [QUA] --------------------- -- -------------------------------------------------- --------- MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203546/27 ENTERED: 1991/08/24 NAME STAN MILLER UPDATED: 1991/09/11 COUNTY T/R/SEC. ELEVATION: DIAM. LOC.METH.: STATUS HENNEPIN USE 118/21/ 8ADBCDD DEPTH 877 FT.(TOPO CASED 3 IN. DRL/DS DRILLED: 1957/05/18 53 FT. DEPTH D: 53 FT. FT. GROUT : LOC.BY MGS COORDS.: ACTIVE WHPA DNR PA#: OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : QUAT. WATER TABLE AQUIFER ADDRESS : 6618 CORVALLIS AV. N MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- --- -------- -------- ---- 1957/05/18 19 858 -------- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203546/27 NAME STAN MILLER ------------------------------------------------- -------------------------- WELL CONSTRUCTION. [GROUT------- --- - -- - - - - ] DIAM(IN) FROM (FT) TO (FT) MATERIAL AMNT UNITS -------- -------- -------- --------- - ------ CASING 1 3 PUMP : DATA UNAVAILABLE. ----------------------------------------------------------------------- PUMPAGE TEST(S). ------ STATIC WATER LEVEL: 19 FT. DATE: 1957/05/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ---- ------------- TEST 1: 1 20 ----------------------------------- --------------- --------------------------- DRILLER S/GEOLOGIC LOG DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL. TOP ] [INTERPRETED LITHOLOGY ][CODE] [STRATIGRAPHIC UNIT (S) [AGE] ---------------------------------------- ------ 53 SAND [SAND ] [QFUU][SAND ] [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203547/27 ENTERED: 1991/08/24 NAME EDWARD FRIEDL UPDATED:-1991/09/11. COUNTY HENNEPIN USE - - - - -] DRILLED: T/R/SEC. 118/21/ 8ADCACB DEPTH 43 FT. DEPTH D: ELEVATION: 876 FT.(TOPO CASED 39 FT. GROUT : DIAM. 2 IN. DRL/DS 27015 :RENNER E.H. LOC.METH.: 1.25 IN. LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA FT. DNR PA#: OPEN HOLE: PLEISTOCENE DEPOSIT AQUIFER : PLEISTOCENE DEPOSIT ADDRESS : 6518 50TH AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: 1958/01/06 43 FT. & SONS DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -- - - - - -- ------- ----- ---- -- - - - --- 1958/01/06 25 851 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO./CO. : 203547/27 NAME EDWARD FRIEDL --------------------------------------------------------------------------- WELL CONSTRUCTION. DRILLER S/GEOLOGIC LOG --------------- ------------------------------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR, HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY ] [CODE] [STRATIGRAPHIC UNITS) I [AGE] --------- ------------------------------------------------------------------ [GROUT----------- - - - - -] DIAM(IN) -------- FROM(FT) TO(FT) MATERIAL AMNT UNITS CASING 1 2 -------- -------- ---------- 39 ---- ----- SCREEN. PRESENT?: YES MAKE CLAYTON MARK TYPE: DIAM: 1.25 IN. SCREEN -------- SLT/GZE LENGTH(FT) SETTING SCREEN ------- ---------- 1: 060 ------------------------------ 4 TOP: FT. BOTTOM: FT. PUMP. INSTLLD?: YES DATE MAKE AERMOTOR MODEL: BJ50 SIZE 0.5 H.P. VOLTS: CAPACITY: 5 GPM TYPE ---------------------------------------------------------------- JET DROP PIPE: 34 FT. MATERIAL: PUMPAGE TEST(S) . ------ STATIC WATER LEVEL: 25 FT. DATE: 1958/01/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) TEST 1: ------------------ ---------- -------- ------------ 7 ------------------------- DRILLER S/GEOLOGIC LOG --------------- ------------------------------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR, HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY ] [CODE] [STRATIGRAPHIC UNITS) I [AGE] --------- ------------------------------------------------------------------ 43 DRIFT [DRIFT ] [QUUU] [PLEISTOCENE DEPOSIT [QUA] ------------------- --------------------------------------------------------------- * * * * * * * * * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203549/27 NAME COUNTY HENNEPIN USE DOMESTIC T/R/SEC. 1.18/21/ 8BABDDA DEPTH 80 FT. ELEVATION: 898 FT.(TOPO CASED FT. DIAM. IN. DRL/DS LOC.METH.: LOC.BY MGS STATUS ACTIVE WHPA OPEN HOLE: QUAT. WATER TABLE AQUIFER AQUIFER : MULTIPLE ADDRESS : 5300 OREGON AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: ENTERED: 1991/08/23 UPDATED: 1991/09/11 DRILLED: 1956/05/22 DEPTH D: 80 FT. GROUT : COORDS.: DNR PA#: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------ -------- ------- ----- ---- - - - - - -- 1956/05/22 37 861 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203549/27 NAME MTP ------------------------------------------------ --------------------------------- WELL CONSTRUCTION. PUMP. INSTLLD?: YES DATE SIZE H.P. VOLTS: CAPACITY: 12 GPM ------------------ - -------------------------- - ------------------------------ PUMPAGE TEST(S). STATIC WATER LEVEL: 37 FT. DATE: 1956/05/ LEVEL(FT) HOURS GPM DRAWDOWN(FT) ---------- ----- ---- -------------- TEST 1: 37 1 12 .0 ------------------ -------------- DRILLER S/GEOLOGIC LOG DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EI,.TOP ] [INTERPRETED LITHOLOGY ] (CODE] [STRATIGRAPHIC UNIT(S) [AGE] 80 SAND & GRAVEL [SAND, GRAVEL ] [QFUU] [SAND [QUA] -------------------------------------------------- --------------- I -------- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203550/27 NAME ----------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT----------- - - - - -] DIAM(IN) FROM(FT) TO(FT) MATERIAL AMN'T UNITS -------- -------- -------- ---------- ---- - - - -- CASING 1 3 100 SCREEN. PRESENT?: NO OPEN HOLE FROM: 100 FT. TO: 105FT. PUMPAGE TEST: DATA UNAVAILABLE. ---------------------------------- ---------------------------------------- DRILLER S/GEOLOGIC LOG --------------------------------------------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY [CODE] [STRATIGRAPHIC UNIT(S) [AGE] --------- -------------- ------------- ------------------------------------- ------ 6 PIT I [PIT ] [PITT] [PITT MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203550/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: T/R/SEC. 118/21/ 8BBCAAD DEPTH 105 FT. DEPTH D: 105 FT. ELEVATION: 915 FT.(TOPO CASED 100 FT. GROUT : DIAM. 3 IN. DRL/DS 27259 :ASSOCIATED WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS ACTIVE WHPA DNR PA#: DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: ST.PETER AQUIFER ST.PETER ADDRESS 7619 53RD AV. N NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE - ------- -------- ------- ---- 55 860 ------- MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203550/27 NAME ----------------------------------------------------------------------------- WELL CONSTRUCTION. [GROUT----------- - - - - -] DIAM(IN) FROM(FT) TO(FT) MATERIAL AMN'T UNITS -------- -------- -------- ---------- ---- - - - -- CASING 1 3 100 SCREEN. PRESENT?: NO OPEN HOLE FROM: 100 FT. TO: 105FT. PUMPAGE TEST: DATA UNAVAILABLE. ---------------------------------- ---------------------------------------- DRILLER S/GEOLOGIC LOG --------------------------------------------------------------- DEPTH INTERVAL DRILLER S DESCRIPTION COLOR HARDNESS [EL.TOP ] [INTERPRETED LITHOLOGY [CODE] [STRATIGRAPHIC UNIT(S) [AGE] --------- -------------- ------------- ------------------------------------- ------ 6 PIT I [PIT ] [PITT] [PITT 6 15 CLAY YELLOW T/R/SEC. 118/21/ 8BBCDAD 9091 [CLAY ] [QTUB] [TILL,BROWN [QUA] 15 40 CLAY DIAM. BLUE DRL/DS 27259 9001 [CLAY ] [QTUG] [TILL, GRAY [QUA] 40 90 GRAVEL WHPA DNR PA#: 8751 [GRAVEL ] [QFUU] [SAND [QUA] 90 92 LIME 8251 [LIMESTONE ][OPVL] [PLATTEVILLE [ORD] 92 105 SANDROCK --------------------------------------------------------------------------------- 8231 (SANDSTONE I[OSTP] [ST. PETER [ORD] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203551/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: T/R/SEC. 118/21/ 8BBCDAD DEPTH 81 FT. DEPTH D: 81 FT. ELEVATION: 905 FT.(TOPO CASED 77 FT. GROUT : DIAM. 3 IN. DRL/DS 27259 :ASSOCIATED WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: QUAT. BURIED UNCONF. AQUIFER AQUIFER : QUAT. BURIED UNCONF. AQUIFER ADDRESS : 7619 ANGELINE AV. N , NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE - ------- -------- ------- 55 850 MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203551/27 NAME ------------------------------------ -------------------- ---------------------- WELL CONSTRUCTION. DIAM(IN) FROM (FT) TO (FT) -------- -------- -------- CASING 1 3 77 SCREEN: DATA UNAVAILABLE. PUMP DATA UNAVAILABLE. [GROUT- --- ------- - --- -] ] MATERIAL AMNT UNITS PUMPAGE TEST: DATA UNAVAILABLE. -------------------------------------- DRILLER S/GEOLOGIC LOG DEPTH HENNEPIN USE DRILLED: INTERVAL DRILLER S DESCRIPTION DEPTH COLOR HARDNESS FT. DEPTH D: 90 FT. [EL.TOP ] ---------- [INTERPRETED LITHOLOGY ----------------------------------------------------------- ][CODEI[STRATIGRAPHIC UNIT(S) [AGE] 8 PIT DRL/DS 27259 - ---- I [PIT ] [PITTIEPITT MGS COORDS.: 8 40 CLAY WHPA DNR PAV 8971 [CLAY ] [QTUU] [TILL [QUA] 40 70 SANDY GRAVEL 8651 [GRAVEL ] EQFUU1[SAND [QUA] 70 81 WATER SAND 8351 --------------------------------------------------------------------------- [SAND ] fQFUU1[SAND [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO./CO. 203552/27 NAME ENTERED: 1991/08/24 UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: T/R/SEC. 118/21/ 8BBDACD DEPTH 90 FT. DEPTH D: 90 FT. ELEVATION: 920 FT.(TOPO CASED 70 FT. GROUT : DIAM. 3 IN. DRL/DS 27259 :ASSOCIATED WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PAV DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: QUAT. BURIED UNCONF. AQUIFER AQUIFER : QUAT. BURIED UNCONF. AQUIFER ADDRESS : 5212 QUEBEC TV. N , NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- ---- ------- 60 860 MINNESOTA COUNTY WELL INDEX/WELL LOG. UFN.NO./CO. : 203552/27 NAME --------------------------------------------------------------------------- WELL CONSTRUCTION. DIAM(IN) FROM M) TO (FT) -------- -------- -------- CASING 1 3 70 SCREEN: DATA UNAVAILABLE. [GROUT----------- - - - - -] MATERIAL RANT UNITS ---------- ---- ----- PUMP : DATA UNAVAILABLE. PUMPAGE ------------- TEST: DATA UNAVAILABLE. ----------------------------------------------- USE -------------------- T/R/SEC. ------------ DRILLER S/GEOLOGIC LOG 93 FT. DEPTH D: 93 FT. ELEVATION: DEPTH ------- - ---------------------- -------------------------------------- DIAM. IN. INTERVAL DRILLER S DESCRIPTION LOC.METH.: COLOR HARDNESS LOC.BY [EL.TOP ] --------- [INTERPRETED LITHOLOGY --------------- ------------------------- ] [CODE] [STRATIGRAPHIC UNIT(S) [AGE] 6 PIT -------------------- ------ I [PIT ] [PITT] [PITT 6 30 CLAY YELLOW 9141 [CLAY ] [QTUB] [TILL, BROWN [QUA] 30 60 CLAY BLUE 8901 [CLAY ] [QTUG] [TILL,GRAY [QUA] 60 80 GRAVEL 1 8601 [GRAVEL ] [QFUU] [SAND [QUA] 80 90 WATER SAND 1 8401 --------------------------------------------------------------------------- [SAND ] [QFUU] [SAND [QUA] MINNESOTA COUNTY WELL INDEX. UN.NO.1CO. 203553/27 ENTERED: 1991/08/24 NAME UPDATED: 1991/09/11 COUNTY HENNEPIN USE DRILLED: T/R/SEC. 118/21/ 8BBDBAD DEPTH 93 FT. DEPTH D: 93 FT. ELEVATION: 925 FT.(TOPO CASED FT. GROUT : DIAM. IN. DRL/DS 27259 :ASSOCIATED WELL CO. LOC.METH.: LOC.BY MGS COORDS.: STATUS : ACTIVE WHPA DNR PA#: DPTH BDRK: FT. BEDROCK: PITT OPEN HOLE: PLEISTOCENE DEPOSIT AQUIFER : PLEISTOCENE DEPOSIT ADDRESS : 7601 53RD AV. N , NEW HOPE , MN QUAD(7.5): OSSEO CONTACT: CWI/WL: YES CWI/WC: NO CORE/CTTNGS/GP.: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k MINNESOTA COUNTY WELL INDEX/WELL LOG. UN.NO.1CO. : 203553/27 NAME --------------------- - ------------------------------------ WELL CONSTRUCTION. SCREEN: DATA UNAVAILABLE. PUMP : DATA UNAVAILABLE. PUMPAGE TEST: DATA UNAVAILABLE, ADDRESS 4832 IDAHO AV. N , CRYSTAL , MN QUAD(7.5): MINNEAPOLIS NORTH CONTACT: CWI/WL: NO CWI/WC: NO CORE/CTTNGS/GP.: DATE NITRATE BACTERIA SOURCE SWL ELEV SOURCE ---------- ------- -------- ------- ----- ---- ------- 1988/05/24 50 840 STODOLA APPENDIX R Site Survey Form PHASE I WALKOVER ASSESSMENT STANDARD OPERATING PROCEDURES PINNACLE ENGINEERING, INC. (1) Complete the attached Site Survey Form while at the Site. (2) Take photographs of the Site from each direction (north, south, east, west). (3) If the pictures in (2) are not sufficient to see across the Site to the surrounding properties (due to buildings, large parcels of land, or other interference), take additional pictures of the surrounding area (from the Site) facing each direction (north, south, east, west), as required. (4) Take pictures of any of the following observed on the Site or the adjoining properties (NOTE: Adjoining properties must only be observed from the Site and from any public roadways or accesses): • Stained soil; • Areas of stressed vegetation; • Utilities (including pole mounted transformers); • Aboveground storage tanks; • Wells (current or former); • Underground storage tank fill /vent pipes or accesses; • Drums or other visible chemical containers; • Solid or hazardous waste storage areas; • Manufacturing processes; • Floor drains; • Pits; • Ponds or lagoons; • Outside storage; • Debris (including tires and /or other discarded material); • Locations identified as former wells, tanks, or chemical storage areas; • Visible foundations for former buildings; and, • Other unusual features or items of note. (5) For any of the items listed in (4), provide a detailed description of the item and the item's location. Note these on the Site sketch (Part 1, Number 7) in the Site Survey Form. (6) Document any comments from Site representatives in Part 6 of the Site Survey Form. Include the full name and title of any Site or adjoining property representatives who provide information during the walkover. Site Sy� �e Form t)4 Site: 7 - 'Iq I jy «(f ALe_7-)t -Project Number: Conducted Date: ' j C /�/ V 01 Weather:_(_,J� Time: 2 : 6 '- - ' Client Representative: I -Title.- > {, �f�- Part 1 Site Setting 1. Current Occupants and Uses of Site: W'4VAV_9Z- R�w�l - � � ,a, ;�L Y GL -C ,� '{ .� r O�_t � !.�� C..� CJn.c.J �j I � 4�J �"Y ...� 2. Past Occupants and Uses of Site, if known:-- I,- c 3. Current Occupants and Uses of Adjoining Properties: NORTH: z EAST: 1 73-,;b _J_ IV � N CT -6 � SOUTH: "'0 avr--m'C� okn WEST:J�& 4. Past Occupants and Uses of Adjoining Properties, if known: Ph Engineering, Inc. Site Walk-Over Survey Form Page 1 Last updated: November 18, 1996 S. General Current or Past Uses of Area (residential, commercial, agricultural, industrial, etc.) L �ry 10i r i-e - 6• Roads Adjoining Site: qq '" j v6,WvC 1\607 v- 0 l,„ c 7. Provide a brief sketch of the Si-te. _T iZTJ C, ft Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 2 Last updated: November 18, 1996 4 V� -4 I yl � C1 �,f / C,' 2 n om'" ✓ �\\ t r. Jd r7 :7 For" el _T iZTJ C, ft Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 2 Last updated: November 18, 1996 YES NO Part 2 Environmental Setting 1. Are wetlands present? If yes, describe type, size, and location. 2. Is the area wooded? If yes, describe. 3. Are there any bodies of water? If yes, describe. 4. If possible, provide a description of the soil. _"4, C""e 5. If possible, provide a topographic description of the area.5J,� 0 0 T; 6. Are gas stations, industrial facilities, drycleaners, etc. near the Site? Describe:L,jL 7. Describe anything relating to the Site that would make contaminant migration easy (i.e. utility lines, ditches, springs):, L�11� —r— _1 J" T J'i _60 j 1 t KA uc Pinnacle Engineering; Inc. Site Walk-Over Survey Form Page 3 Last updated: November 18, 1995 8. Provide a general description of the Site: 4j , G. _ l Gam.. (N _e �' V f'� v �a..i' C� C Ll :rA -S1 Q � � i � � (!i r '�'•' J c...�C d 'G , I `f 0 c__ •.1 c �.. G..-. � ""� G +., 6"" SAC> 2,- 4-L L r) _� __ _ I IL .1'U I L L r t o � ��..t� 'V "� �� c , � Fi�J� � w �"r�'� '� � C - c f r A U V Pnacle Engineering, Inc, Site Walk-Over Survey Form Page 4 Last updated: November 18, 1996 Part 3 Site Structures 1. Number of structures on Site:– � 0 C —) a. Describe structure 1: Height in stories:_ Approximate age: Use: 0 bt0q General Description:Lr�wl w , 4 \j P-P n b. Describe structure 2: Height in stories: t Approximate age: Use: General Description:, c. Describe structure 3: Height in stories: N Approximate age: Use: General Description: NOTE: tf more than three structures are present at the Site, describe the other structures in Part 6 or attach additional pages. Pinnacle Engineering, Inc. Site Walk-Over Survey Form Pat . , r, I ,- - Last updated: Noveffiber 18, 1996 z. 1'rovicle a floorplan sketch of each structure at the Site _ 4 : , ra C 0 A , 'C V I L III !�J Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 6 Last updated: -November 18, 1996 Y ci ---------- - _ 4 : , ra C 0 A , 'C V I L III !�J Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 6 Last updated: -November 18, 1996 Part 4 Environmental Concerns Interior and Exterior YES NO Are there any hazardous substances or petroleum products observable on the Site? Describe the types and quantities. Are there any storage tanks observable on the Site? Describe the location, type and indications. 0 "V_ Are there any strong, noxious, or pungent odors present at the Site? Describe. N,r I ❑ Are there any pools of liquid on the Site? Describe location, size and appearance. Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 7 Last updated: November 18, 1996 YES NO Are there any drums at the Site? If so, describe location, labeling and contents if known. 5i El Are there any hazardous substance or petroleum products containers? If yes, describe location, type and quantity._ Are there any unidentified substance containers on the Site? Describe the location, condition, and quantity. anf n C, � c1q) El Is there any electrical or hydraulic equipment that is likely to contain PC B's? Describe.-::11(o �-4,,,- Pinnacle Engineering, Inc, Site Walk-Over Survey Form Page 8 Last updated: November 18, 1996 YES NO Are there any drains or sumps on the Site? Describe. t . 0 srl?j U (C) Are there signs of stains or corrosion present on either the walls, floors, or ceilings of the buildings. Describe location and appearance._.Nj,_,- a ;� [" I , Are there any pits, ponds or lagoons on the Site? Describe location, type, and whether or no there are signs of waste disposal. v\ Is there any stained soil or pavement present on the Site? jj Describe appearance and location. Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 9 Last tipdated: November 18, 1996 YES NO Is there any stressed vegetation at the Site? Describe location and appearance. _( W � 4 v �( Are there any areas that appear to be filled or graced by non- natural causes or that appear to contain solid waste? Describe. 7� P 5Fn �r 1 � c /Vo 5WC'SS(�� 1) C. U✓ti "! > 41 ® Are there any wells on the Site. If yes, describe location, 1 type, and status. l�'.. rYl��r -. c. w <.� n� rc�d�r.✓;�� >, -�' ��, > I A `. � . � C1 t n ,, � r .rf % .. ^, }.�? � � .., f�i+ v. C t p� •_ " U. � c �--�/' � l / i l Is there a cesspool or septic system? Describe./V" r; T_ae u Is there a waste water discharge? Describe the type and location i where the discharge goes. C ; n Pinnacle Engineering, Inc Site Walk -Over Survey Form Page 10 Last updated: November 18, 1996 Miscellaneous Concerns List the source of potable water for the Site. Describe the means of heating and cooling the buildinRs including the fuel source. CI\ �A O�� ��� �r�c{ av 4� > Additional information about Site or surrounding area: I - I A ' i � Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 11 Last updated: Novernber 18, 1996 Part 5 Limitations Describe any limitations that may have affected the walkover of the Site. ff C, - - ------------ ILI Pinnacle Engineering, Inc. Site Walk-Over Survey Form Page 12 Last updated: November 18, 1996 Part 6 Additional Notes/Sketches Pinnacle Engineering, Inc, Site Wal Survey Form Page 13 Last updated: November 18, 1996 Additional Notes/Sketches Pinnacle Engineering, T11c. Site Walk -Over Survey Form Page 14 Last updated: November 18, 1996 EDR Database Search Report p TM The EDR-Radius Ma i Report Navarre Corporation 7400 49th Avenue North New Hope, MN 55442 Inquiry Number: 0250162.1r April 30, 1998 3530 Post Road Southport, Connecticut 06490 Nationwide Customer Service Telephone: 1-800-352-0050 Fax: 1-800231-6802 Internet: www.edrnet.com SECTION Executive Summar --- ---------------------------------------- -.----- - - - - -- ES1 Topographic Map- - - - - - - _ - - GeoCheck Summary - Not Requested Overview Ma p ------- --------------------------------------- - - - - -- - - - - -- 3 DetailMa p ----------------- --------------------------------------- - - - - -- 4 Map Summary - All Sites - __- ___._ - - - -__ _- __ - - - - -- 5 --------------------- - - -- -- Map Summary - Sites With higher or the same elevation as the Target Property--------- 6 MapFindings ------------------- ------------------------- ----------- - - - - -- 7 Or ------------- -------------------------------------- - - - - -- 16 ►11111 'Xi GeoCheck Version 2.1 - Not Requested Government Records Searched / Data Currency Tracking Addendum_ - - - - - - - - - - - - - - - Al Thank you for your business. Please contact EDR at 1 -800- 352 -0050 With any questions or comments. Disclaimer and Other Information This Report contains information obtained from a variety of public and other sources and Environmental Data Resources, Inc. (EDR) makes no representation or warranty regarding the accuracy, reliability, quality, suitability, or completeness of said information or the information contained in this report. The customer shall assume full responsibility for the use of this report. NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, SHALL APPLY AND EDR SPECIFICALLY DISCLAIMS THE MAKING OF SUCH WARRANTIES. IN NO EVENT SHALL EDR BE LIABLE TO ANYONE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. COPYRIGHT (C) 1995 BY ENVIRONMENTAL DATA RESOURCES, INC. ALL RIGHTS RESERVED. Unless otherwise indicated, all trademarks used herein are the property of Environmental Data Resources, Inc, or its affiliates. TCO250162.1 r Pagel EXCE'CUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc. (EDR). The report meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527 -97. Search distances are per ASTM standard or custom distances requested by the user. The address of the subject property for which the search was intended is: 7400 49TH AVENUE NORTH NEW HOPE, MN 55442 No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the subject property or within the ASTM E 1527 -97 search radius around the subject property for the following Databases: NPL: ------------------------- National Priority List Delisted NPL: ---------------- NPL Deletions RCRIS- TSD: ----------------- Resource Conservation and Recovery Information System SHWS_ ----------------------- State Haz. Waste CERCLIS_ -------------------- Comprehensive Environmental Response, Compensation. and Liability Information System CERC- NFRAP: --------------- Comprehensive Environmental Response, Compensation, and Liability Information System CORRACTS: ------------------ Corrective Action Report SWF/LF:______ ___ ______ _ __ ___ Permitted Solid Waste Disposal Facilities AST: ------------------------- Aboveground Storage Tanks RAATS_---------------------- RCRA Administrative Action Tracking System RCRIS- SQG: ----------------- Resource Conservation and Recovery Information System RCRIS- LQG: ----------------- Resource Conservation and Recovery Information System HMIRS_ ---------------------- Hazardous Materials Information Reporting System PADS: ----------------------- PCB Activity Database System ERNS: ----------------------- Emergency Response Notification System FINDS:----------------------- Facility Index System TRIS_ ------------------------- Toxic Chemical Release Inventory System NPL Lien:-------------------- NPL Liens TSCA:--------- _ --------------- Toxic Substances Control Act MLTS: ------------------------- Material Licensing Tracking System MN Enf. Log: ------- - __ -_ - -_. MN Enforcement Log MN PEST: --------------------- Pesticide Dealers MN FERT:_____________ __ __ _a_ Fertilizer Dealers MN AGSPILLS: --------------- MN AGSPILLS MN LCP: ------------------- . -- Closed Landfills Priority List MN HWS Permit: ------------- . MN HWS Permit MN Del. SHWS: ------- ... - -e_ -- MN Deleted SHWS ROD: ------------------------ _ ROD CONSENT: ------------------- Superfund (CERCLA) Consent Decrees Coal Gas: ------- --- ------- Former Manufactured gas (Coal Gas) Sites. Unmapped (orphan) sites are not considered in the foregoing analysis. Search Results: Search results for the subject property and the search radius, are listed below: Subject Property: The subject property was not listed in any of the databases searched by EDR. TCO250162.1r EXECUTWE SUMMARY 1 EXECUTIVE SUMMARY Surrounding Properties: Elevations have been determined from the USGS 1 degree Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. EDR's definition of a site with an elevation equal to the subject property includes a tolerance of -10 feet. Sites with an elevation equal to or higher than the subject property have been differentiated below from sites with an elevation lower than the subject property (by more than 10 feet). Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in .bold italics are in multiple databases. LUST: The Leaking Underground Storage Tank Incident Reports contain an inventory of reported leaking underground storage tank incidents. The data comes from the Minnesota Pollution Control Agency's Leak Sites list. A review of the LUST list, as provided by EDR, and dated 12/19/1997 has revealed that there are 2 LUST sites within approximately 0.5 Miles of the subject property. Equal/Higher Elevation Address Dist / Dir Map I WINGATE APARTMENTS 782049TH AVE N 1/8 - 1/4W 5 CONTINENTAL BAKING CO INCO 5130 WINNETKA AVE N 114 - 112NW C9 UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data comes from the Minnesota Pollution Control's Underground Storage Tank File. A review of the UST list, as provided by EDR, and dated 12/19/1997 has revealed that there are 3 UST sites within approximately 0.25 Miles of the subject property. Dist / Dir HONEYWELL NEW HOPE EquatlHigher Elevation Address Dist / D ir Map I WINGATE APARTMENTS 770049TH AVE N 0-1/8 W 2 MODEL STONE CO 49TH & NEVADA 0-1/8 E A3 MODEL STONE CO 7300 49TH AVE N 0-1/8 E A4 MN LS: The List of Sites includes: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), No Further Remedial Action Planned (NFRAP), National Priorities List (NPL), Permanent List of Priorities (PLP), Sites delisted from the Permanent List of Priorities (DPLP), Hazardous Waste Permit Unit Project Facilities (HW PERM), List of Permitted Solid Waste Facilities (SW PERM), 1980 Metropolitan Area Waste Disposal Site Inventory,1980 Statewide Outstate Dump Inventory (ODI), Voluntary and Investigation Program (VIC), and Closed Landfill Sites Undergoing Cleanup (LCP). The List of Sites comes from Minnesota Pollution Control A review of the MN LS list, as provided by EDR, has revealed that there are 8 MN LS sites within approximately 1 Mile of the subject property. Equal /Higher Elevation Addres Dist / Dir HONEYWELL NEW HOPE 5121 WINNETKA AVE N 114 - 1 12NW NEW HOPE DISTRIBUTION CENTER 5175 -97 WINNETKA AVE N 114 - 1 12NW FOREMOST FACILITY 7528 42ND AVE N 112-1 S BERYL CORPORATION A.K.A. LAKES 5001 BOONE AVE N 112-1 W GILL BROTHERS 7300 42ND AVE N 1/2 - 1 S NEW HOPE HUD 7202 -7412 42ND AVE N 112-1 S Page 10 11 Page 7 8 9 Map ID Page B8 10 11 12 12 13 13 13 D14 13 D16 14 TCO250162.1 r EXECUTIVE SUMMARY 2 EXECUTIVES UMMARY EquaUHigher Elevation A ddress Dist I Dir Map I Page LYNDALE GARDEN CENTER 8001 BASS LAKE RD 112 - 1 NNW 18 15 Lower Elevation Address Dist / Dir Map I Page TARGET T -3 5537 W BROADWAY AVE 112 - 1 NE 17 14 MN VIC: This is the Minnesota Pollution Control Agency's Voluntary Investigation and Cleanup Program list. 10 A review of the MN VIC list, as provided by EDR, and dated 01/13/1998 has revealed that there are 9 1/4 - 1/2 NW MN VIC sites within approximately 1 Mile of the subject property. Equal /Higher Elevation Address Dist / Dir Map I Page WINNETKA AVENUE PROPERTY 5121 WINNETKA AVE N 1/4 - 1 /2NW B7 10 HONEYWELL NEW HOPE 5121 WINNETKA AVE N 114 - 1 12NW B8 10 NEW HOPE DISTRIBUTION CENTER 5175 -97 WINNETKA AVE N 114 - 1 12NW 11 12 FOREMOST FACILITY 7528 42ND AVE N 112-1 S 12 13 BERYL CORPORATION A.K.A. LAKES 5001 BOONE AVE N 112 - 1 W 13 13 GILL BROTHERS 7300 - 42ND AVENUE NORT 1/2-1 S D15 14 NEW HOPE HUD 7202 -7412 42ND AVE N 112-1 S D16 14 LYNDALE GARDEN CENTER 8001 BASS LAKE RD 112-1 NNW 18 15 Lower Elevation Address Dist / Dir Map I Page TARGET T -3 5537 W BROADWAYAVE 112 - 1 NE 17 14 MN SPILLS: This is the Minnesota Pollution Complaint Agency's Spills Log A review of the MN Spills list, as provided by EDR, has revealed that there are 4 MN Spills sites within approximately 0.5 Miles of the subject property. EquaUHigher Elevation Address Dist / Dir Map I Page RICHARD KROHN 7600 49TH AVE N 0-1/8 SE 1 7 SUNRISE LANDSCAPE 47TH / WINNETKA 1/4 - 1/2 SW 6 10 HONEYWELL NEW HOPE 5121 WINNETKA AVE N 114 - 1 12NW 88 10 UNKNOWN 5130 WINNETKA AVE N 1/4 - 1/2 NW C10 12 TCO250462.Ir EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name PHOTO CONTROL CORP Database(s) RCRIS -SQG, FINDS TCO250162.Ir EXECUTIVE SUMMARY 4 N 4 Ie )?0 , I L 47H AVEN A E \ N 3 6 T H A V E N — - ------ Z7 f Source: US Geological Survey 1- Degree Digital Elevation Model Compiled 09/15/92 /V Major Roads Contour fines (25 foot interval unless otherwise Shown) Waterways U2 119. TARGET PROPERTY: Navarre Corporation CUSTOMER: Pinnacle Engineering Inc. ADRESS: 7400 49th Avenue North CONTACT: Ms. Janelle Amendola CITY/STATEOP: New Hope MN 55442 INQUIRY#: 0250162.1r LAT/LONG: 45,04374 / 93.37515 DATE: April 30, 1993 OVERVIEW MAP - 0250162.1 r - Pinnacle Enqineerino Inc. " I argot t-roperly A Sites at elevations higher than O 100-year or equal to the target prop" * Sites at elevations lower than CONTACT: the target property A Coal Gasification Sites (if requested) National Priority List Sites 171 Landfill Sites 46.0437/93-3752 DATE: April 30, 1998 9:53 am J A 17 5 4 r A E N O 13 AVE N 4 TN VE N F I RVI E AVE N , MF n� / 7 T H V I 47TH AV M 42 NO AVE N s2 0 V 4 E x" 4 Ai� " I argot t-roperly A Sites at elevations higher than O 100-year or equal to the target prop" * Sites at elevations lower than CONTACT: the target property A Coal Gasification Sites (if requested) National Priority List Sites 171 Landfill Sites va 11Z I Wk. s /%' Power transmission lines Oil & Gas pipelines O 100-year flood zone 7400 49th Avenue North 500-year flood zone CONTACT: Wetlands per National CITY/STATE/ZIP: Wetlands Inventory (1994) TARGET PROPERTY: Navarre Corporation CUSTOMER: Pinnacle Engineering Inc. ADDRESS: 7400 49th Avenue North CONTACT: Ms. Janelle Amendola CITY/STATE/ZIP: Now Hope MN 55442 INQUIRY #: 0250162.1r LAT/LONG: 46.0437/93-3752 DATE: April 30, 1998 9:53 am DETAIL MAP - 0250162.1 r - Pinnacle Enqineerina Inc. S00 LINE P1 N I 48TH AV I o 47TH AVE N 4TM AVE N Ino 1/9 1/4 MI.. Power transmission lines Oil & Gas pipelines 100-year flood zone 500 -year flood zone Wetlands per National Wetlands Inventory (1994) TARGET PROPERTY: j arget vroperty A Sites at elevations higher than Pinnacle Engineering Inc, or equal to the target property • Sites at elevations lower than CONTACT: the target property CITY/STATE/ZIP: Goal Gasification Sites (K requested) Sensitive Receptors E:1 National Priority List Sites El Landfill Sites Ino 1/9 1/4 MI.. Power transmission lines Oil & Gas pipelines 100-year flood zone 500 -year flood zone Wetlands per National Wetlands Inventory (1994) TARGET PROPERTY: Navarre Corporation CUSTOMER: Pinnacle Engineering Inc, ADDRESS: 7400 49th Avenue North CONTACT: Ms. Janelle Amendola CITY/STATE/ZIP: New Hope MN 55442 INQUIRY #: 0250162.1r LAT/LONG: 45.0437/93.3752 DATE: April 30, 199E 9:55 am MAP FINDINGS SUMMARY SH6WING ALL SITES Database NPL Delisted NPL RCRIS -TSD State Haz. Waste CERCLIS CERC -NFRAP CORRACTS State Landfill LUST UST AST RAATS RCRIS Sm. Quan, Gen. RCRIS Lg. Quan. Gen. HMIRS PADS ERNS FINDS TRIS NPL Liens TSCA MLTS MN LS MN Enforcement Log MN VIC MN Spills MN PEST MN FERT MN AGSPILLS MN LCP MN HWS Permit MN Deleted SHWS ROD CONSENT Coal Gas Target Property Search Distance (M il e s) 1.000 0.500 1.000 1.000 1.000 0.500 0.500 0.500 0.500 0.250 0.125 0.125 0.250 0.250 0.250 TP 0.250 TP TP TP TP TP 1.000 0.250 1.000 0.500 TP TP TP 1.000 1.000 0.500 0.500 0.500 TP TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TCO250162.1 r Paga 5 Total < 1/8 1/8 -1/4 1/ 4-1/2 1 / 2 -1 > 1 Plotted 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 0 0 NR 0 0 0 0 0 NR 0 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 1 1 NR NR 2 3 0 NR NR NR 3 0 NR NR NR NR 0 0 NR NR NR NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 2 6 NR 8 0 0 NR NR NR 0 0 0 3 6 NR 9 1 0 3 NR NR 4 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 NR 0 0 0 0 0 NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TCO250162.1 r Paga 5 MAP FINDINGS SUMMARY SHOWING ONLY SITES HIGHER THAN OR THE SAND ELE 'VATION AS TP TP = Target Property NR = Not Requested at this Search Distance " Sites may be listed in more than one database T00250182.ir Page Search Target Distance Total Database Pro perty (M il e s) < 1/8 1/8-1 1/4-1/2 1/2 - 1 > 1 Plo tted NPL 1.000 0 0 0 0 NR 0 Delisted NPL MOO 0 0 0 NR NR 0 RCRIS -TSD 1.000 0 0 0 0 NR 0 State Haz. Waste 1.000 0 0 0 0 NR 0 CERCLIS 1.000 0 0 0 0 NR 0 CERC -NFRAP 0.500 0 0 0 NR NR 0 CORRACTS 0.500 0 0 0 NR NR 0 State Landfill 0.500 0 0 0 NR NR 0 LUST 0.500 0 1 1 NR NR 2 UST 0.250 3 0 NR NR NR 3 AST 0.125 0 NR NR NR NR 0 RAATS 0.125 0 NR NR NR NR 0 RCRIS Sm. Quan. Gen. 0.250 0 0 NR NR NR 0 RCRIS Lg. Quan. Gen. 0.250 0 0 NR NR NR 0 HMIRS 0.250 0 0 NR NR NR 0 PADS TP NR NR NR NR NR 0 ERNS 0250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 TR1S TP NR NR NR NR NR 0 NPL Liens TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 MN LS 1.000 0 0 2 5 NR 7 MN Enforcement Log 0.250 0 0 NR NR NR 0 MN VIC 1.000 0 0 3 5 NR 8 MN Spills 0.500 1 0 3 NR NR 4 MN PEST TP NR NR NR NR NR 0 MNFERT TP NR NR NR NR NR 0 MN AGSPILLS TP NR NR NR NR NR 0 MN LCP 1.000 0 0 0 0 NR 0 MN HWS Permit 1.000 0 0 0 0 NR 0 MN Deleted SHWS 0.500 0 0 0 NR NR 0 ROD 0.500 0 0 0 NR NR 0 CONSENT 0.500 0 0 0 NR NR 0 Coal Gas TP NR NR NR NR NR 0 TP = Target Property NR = Not Requested at this Search Distance " Sites may be listed in more than one database T00250182.ir Page Map ID Direction Distance Elevation Site II MAP- FINDINGS EDR ID Number Database(s) EPA ID Number Coal Gas Site Search: No site was found in a search of Real Property Scan's ENVIROHAZ database. 1 RICHARD KROHN SE 7600 49TH AVE N < 1/8 NEW HOPE, MN 55428 Higher MN SPILLS: WINGATE APARTMENTS Facility ID: 17607 Product: WASTE OIL & ANTIFREE Amount Spilled: UNKN Incident Date: Not reported Priority: Not reported Incident: Not reported Spill Cause: DUMPED OVER F Location: Not reported Description: Not reported MN Spills S101286661 N/A Reported By: Not reported Units: Not reported Date Reported: 04/13/93 Action Taken: Not reported 2 WINGATE APARTMENTS West 7700 49TH AVE N < 1/8 NEW HOPE, MN 55428 Higher UST: FACILITY ID: 2103 Telephone: Tank 1D: 001 Capacity: Tank Number: 001 Material: Tank Status: INACTIVE Product: Install Date: 01 -jan -1967 Dispense Type: Remove Date: Not reported Spill Containment: Tank Location: Under Ground Facility Type: Closed Date: Not reported Pipe Material: Overfill Protect: Not reported Protection Type: Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Tank Cathodic: No Pipe Cathodic: Tank Remedial: Not reported Pipe Remedial: European Suction Owner: WINGATE REALTY -A PARTNERSHIP 3947 EXCELSIOR BLVD #104 MINNEAPOLIS, MN 55416 FACILITY ID: 2103 Telephone: Tank ID: 002 Capacity: Tank Number: 002 Material: Tank Status: INACTIVE Product: Install Date: 01- jan -1967 Dispense Type: Remove Date: Not reported Spill Containment: Tank Location: Under Ground Facility Type: Closed Date: Not reported Pipe Material: Overfill Protect: Not reported Protection Type: Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt Tank Cathodic: No Pipe Cathodic: Tank Remedial: Not reported Pipe Remedial: European Suction Owner: WINGATE REALTY -A PARTNERSHIP 3947 EXCELSIOR BLVD #104 MINNEAPOLIS, MN 55416 UST 0000885204 N/A 6125369653 0 OTHER FUEL OIL SUCTION Not reported CONDOMIN /APTS /RES/TRLR CT OTHER No Info Unknown No 6125369653 0 OTHER FUEL OIL SUCTION Not reported CONDOMIN /APTS /RESITRLR CT OTHER No Info Unknown No TCO250162.1 r Page 7 Map ID Direction Distance Elevation A3 East e 1/8 Higher 17 _MAP FINDWGS _ Site WINGATE APARTMENTS (Continued) FACILITY ID: 2103 Telephone: Tank ID: 003 Capacity: Tank Number: 003 Material: Tank Status: INACTIVE Product: Install Date: 01 -jan -1967 Dispense Type: Remove Date: Not reported Spill Containment: Tank Location: Under Ground Facility Type: Closed Date: Not reported Pipe Material: Overfill Protect: Not reported Protection Type: Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Tank Cathodic: No Pipe Cathodic: Tank Remedial: Not reported STEEUIRON Pipe Remedial: European Suction Protection Type: Owner: WINGATE REALTY -A PARTNERSHIP Pipe 2nd Cntmmnt: Unknown 3947 EXCELSIOR BLVD #104 Anode/Tank MINNEAPOLIS, MN 55416 No FACILITY ID: 2103 Telephone: Tank ID: 004 Capacity: Tank Number. 004 Material: Tank Status: INACTIVE Product: Install Date: 01 -jan -1967 Dispense Type: Remove Date: Not reported Spill Containment: Tank Location: Under Ground Facility Type: Closed Date: Not reported Pipe Material: Overfill Protect: Not reported Protection Type: Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Tank Cathodic: No Pipe Cathodic: Tank Remedial: Not reported Pipe Remedial: European Suction Owner: WINGATE REALTY -A PARTNERSHIP 3947 EXCELSIOR BLVD #104 MINNEAPOLIS, MN 55416 MODEL STONE GO 49TH & NEVADA NEW HOPE, MN 55428 EDR ID Number Database(s) EPA ID Number 6125369653 0 OTHER FUEL OIL SUCTION Not reported CONDOMIN /APTS /RES/TRLR CT OTHER No Info Unknown No 6125369653 0 OTHER FUEL OIL SUCTION Not reported CONDOMIN /APTS /RES/TRLR CT OTHER No Info Unknown No U000885204 UST U000882985 N/A UST: FACILITY ID: 12930 Telephone: 6128616041 Tank ID: 111 Capacity: 8000 Tank Number: 111 Material: BARE/PAINT /ASPH COAT STEEL, . Tank Status: REMOVED Product: GASOLINE Install Date: 01- may -1965 Dispense Type: SUCTION Remove Date: 23 -jan -1991 Spill Containment: Not reported Tank Location: Under Ground Facility Type: INDUSTRY /MANUFACTURING Closed Date: Not reported Pipe Material: STEEUIRON Overfill Protect: Not reported Protection Type: No Info Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Unknown Tank Cathodic: Anode/Tank Pipe Cathodic: No Tank Remedial: Not reported Pipe Remedial: European Suction Owner: MODEL STONE CO 400 W 61ST ST MINNEAPOLIS, MN 55415 TCO250162.1 r Page 8 Map 0 Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number MODEL STONE CO (Continued) FACILITY ID: 12930 Telephone: Tank ID: 112 Capacity: Tank Number: 112 Material: Tank Status: REMOVED Product: Install Date: 01 -jun -1972 Dispense Type: Remove Date: 23 -jan -1991 Spill Containment: Tank Location: Under Ground Facility Type: Closed Date: Not reported Pipe Material: Overfill Protect: Not reported Protection Type: Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Tank Cathodic: Anode[Tank Pipe Cathodic: Tank Remedial: Not reported TanklD: Pipe Remedial: European Suction 002 Owner: MODEL STONE CO Install Date: 01 -jan -1972 400 W 61 ST ST 23 -jan -1991 Tank Location: MINNEAPOLIS, MN 55419 Closed Date: 0000882985 6128616041 10000 BARE/PAINT /ASPH COAT STEEL DIESEL SUCTION Not reported INDUSTRY /MANUFACTURING STEEUIRON No Info Unknown No A4 MODEL STONE CO East 7300 49TH AVE N < 118 NEW HOPE, MN 55428 Highee UST: 6128616041 FACILITY ID: 14593 Tank ID: 001 Tank Number: 001 Tank Status: REMOVED Install Date: 01 -jan -1972 Remove Date: 23 -jan -1991 Tank Location: Under Ground Closed Date: Not reported Overfill Protect: Not reported Tnk 2nd Cntmmnt: Not Applicable Tank Cathodic: No Tank Remedial: Not reported Pipe Remedial: European Suction Owner: MODEL STONE CO 400 W 61 ST ST MINNEAPOLIS, MN 55419 FACILITY ID: 14593 TanklD: 002 Tank Number: 002 Tank Status: REMOVED Install Date: 01 -jan -1972 Remove Date: 23 -jan -1991 Tank Location: Under Ground Closed Date: Not reported Overfill Protect: Not reported Tnk 2nd Cntmmnt: Not Applicable Tank Cathodic: No Tank Remedial: Not reported Pipe Remedial: European Suction Owner: MODEL STONE CO 400 W 61 ST ST MINNEAPOLIS, MN 55419 UST 0000883824 N/A Telephone: 6128616041 Capacity: 10000 Material: BARE/PAINT /ASPH COAT STEEL Product: DIESEL Dispense Type: SUCTION Spill Containment: Not reported Facility Type: INDUSTRY /MANUFACTURING Pipe Material: GALVANIZED STEEL Protection Type: No Info Pipe 2nd Cntmmnt: Unknown Pipe Cathodic: No Telephone: 6128616041 Capacity: 8000 Material: BARE/PAINT /ASPH COAT STEEL Product: GASOLINE Dispense Type: SUCTION Spill Containment: Not reported Facility Type: INDUSTRY /MANUFACTURING Pipe Material: GALVANIZED STEEL Protection Type: No Info Pipe 2nd Cntmmnt: Unknown Pipe Cathodic: No TCO250162.1 r Page 9 Map ID Direction Distance Elevation Site MAP FINDINGS 5 WINGATE APARTMENTS West 7820 49TH AVE N 1/8 -1/4 NEW HOPE, MN 55428 Higher Not reported Higher LUST: Facility ID: 6932 MN SPILLS: MPCA Proj Mngr. KAS Owner: MILLER MANAGEMENT 17998 3947 EXCELSIOR BLVD Product: SAINT LOUIS PARK, MN 55416 Contact: CHUCK MILLER 250.00 Date Leak Reported: 10/27/1993 Incident Date: Site Closure Date: 06/14/1994 EDR ID Number Database(s) EPA ID Number LUST S100698944 NIA Hydrologist: Not reported 6 SUNRISE LANDSCAPE SW 47TH / WINNETKA Date Reported: 1/41/2 NEW HOPE, MN Not reported Higher MN SPILLS: Facility ID: 17998 Product: DIMETHYLAMINE SALT /D Amount Spilled: 250.00 Incident Date: Not reported Priority: Not reported Incident: Not reported Spill Cause: TANK LEAKING Location: Not reported Description: Not reported MN Spills 5101286662 N/A Reported By: Not reported Units: GALLONS Date Reported: 05/18/93 Action Taken: Not reported B7 WINNETKA AVENUE PROPERTY NW 5121 WINNETKA AVE N 1/4 -1/2 NEW HOPE, MN 55428 Higher MN Voluntary Investigation Cleanup Program Facility ID: 2291 Active: Size Acres: 1.00 Entry Date: MN VIC YES 5/19/97 S102535712 NIA B8 HONEYWELL NEW HOPE NW 5121 WINNETKA AVE N 114 -1/2 NEW HOPE, MN Higher MN Voluntary Investigation Cleanup Program: Facility ID: 2290 Active: Size Acres: 1.00 Entry Date: MN LS 5101320052 MN Spills N/A MN VIC NO 4/26/91 TCO250162.1 r Page 10 Map ID Direction Distance Elevation Site I I� MAP FINDINGS EDR ID Number Database(s) EPA ID Number HONEYWELL NEW HOPE (Continued) S101320052 MN LS: 5130 WINNETKA AVE N Facility ID: 3980 CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: Not reported Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: No HWIC: No Others: No MN SPILLS: Owner: CONTINENTAL BAKING CO Facility ID: 24709 Reported By: Not reported Product: CHEMICALS /OTHER OR UNSPICIFIED Amount Spilled: 1 Units: GALLONS Incident Date: Not reported Date Reported: 7- Nov -96 Priority: Not reported Action Taken: NO FILE, NO CONTACT WITH RP Incident: Not reported Spill Cause: SPILL Location: Not reported Description: BUCKET TIPPED OVER SPILLED INSIDE BUILDING. WE ABSORBED IT WITH SEALED PILLOWS AND DISPOSED AS HAZ WASTE. 1, 1,1 -TRICHLORETHANE C9 CONTINENTAL BAKING CO INCA NW 5130 WINNETKA AVE N 1/4 -1/2 NEW HOPE, MN 55428 Higher RCRIS: Owner: CONTINENTAL BAKING CO INC (312) 555 -1212 Contact: MARK MANN (612) 235 -1555 Record Date: 09/15/86 Classification: Small Quantity Generator Used Oil Recyc: No Violation Status: No violations found LUST: Facility ID: 5931 MPCA Proj Mngr: RHN Owner: CONTINENTAL BAKING CO 1511 EXCELSIOR AVE HOPKINS, MN 55343 Contact: MARK MANN Date Leak Reported: 11/14/1992 Site Closure Date: Not reported RCRIS -SQG 1000412648 FINDS MND120184205 LIST LUST Hydrologist: Not reported TCO250162.1 r Page 11 TCO250'162.1 r Page 14 11 MAP FINDINGS Map ID 44 Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number GILL BROTHERS (Continued) S102280226 MN LS: Facility ID: 4147 CERCLIS: Not reported No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: No Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: Not reported HWIC: No Others: Not reported D15 GILL BROTHERS MN VIC S102046589 South 7300 - 42ND AVENUE NORTH N/A 1/2 -1 NEW HOPE, MN 55428 Higher MN Voluntary Investigation Cleanup Program Facility ID: 6750 Active: NO Size Acres: 1.50 Entry Date: 3/21196 D16 NEW HOPE HUD MN LS S102280237 South 7202 -7412 42ND AVE N MN VIC N/A 1/2 -1 NEW HOPE, MN Higher MN Voluntary Investigation Cleanup Program Facility ID: 1610 Active: NO Size Acres: 1.00 Entry Date: 3/20/89 MN LS: Facility ID: 3573 CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: Not reported Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: No HWIC: No Others: No 17 TARGET T-3 MN LS S100698930 NE 5537 W BROADWAY AVE LUST N/A 1/2 -1 CRYSTAL, MN 55422 MN VIC Lower TCO250'162.1 r Page 14 Map ID Direction Distance Elevation Site MAP FINDINGS TARGET T -3 (Continued) LYNDALE GARDEN CENTER LUST: NNW Facility ID: 332 YES MPCA Proj Mngr. CLM NEW HOPE, MN Owner: Not reported Higher Not reported Not reported MN Voluntary Investigation Cleanup Program: Contact: JIM THOMPSON Facility ID: 4020 Date Leak Reported: 08/03/1983 Site Closure Date: 03/19/1996 MN Voluntary Investigation Cleanup Program Facility ID: 4021 Facility ID: 7300 Size Acres: 10.00 MN LS: MN LS: Facility ID: 4324 CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: No Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: Not reported HWIC: No Others: No Hydrologist: SCT Active: YES Entry Date: 8/29/96 EDR ID Number Database(s) EPA ID Number 5100698930 18 LYNDALE GARDEN CENTER Entry Date: NNW 8001 BASS LAKE RD YES 1/2 -1 NEW HOPE, MN Higher MN Voluntary Investigation Cleanup Program: Facility ID: 4020 Size Acres: 1.00 Facility ID: 4021 Size Acres: 1.00 MN LS: Facility ID: 4161 CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: No Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: Not reported HWIC: No Others: No MN LS 5101200171 MN VIC NIA Active: NO Entry Date: 8/6193 Active: YES Entry Date: 7!7/97 TCO250162.1 r Page 15 (D O U) 0 Z LL 0 li? N U) n cc U Cc N cl 0 't IV 1 �n D Z < T a- cc 0 N E cu M I VA LU ui co LLJ O 0 0 W Z 0 0 0 0 2: CL ".t cli O 0 0 LIJ a_ 0 LLJ Z To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Elapsed ASTM days: Provides confirmation that this EDR report meets or exceeds the 90 -day updating requirement of the ASTM standard. FEDERAL ASTM RECORDS: CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System Source: EPA/NTIS Telephone: 703- 413 -0223 CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 12/31/97 Date of Data Arrival at EDR: 02/17/98 Date Made Active at EDR: 04/13/98 Elapsed ASTM days: 55 Database Release Frequency: Quarterly Date of Last EDR Contact: 01/05/98 ERNS: Emergency Response Notification System Source: EPA/NTIS Telephone: 202 - 260 -2342 Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 09/30/97 Date of Data Arrival at EDR: 12/04/97 Date Made Active at EDR: 01/02/98 Elapsed ASTM days: 29 Database Release Frequency: Quarterly Date of Last EDR Contact: 03/05/98 NPL: National Priority List Source: EPA Telephone: 703 - 603 -8852 National Priorities List ( Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC). Date of Government Version: 09/25/97 Date of Data Arrival at EDR: 09/26/97 Date Made Active at EDR: 11/28/97 Elapsed ASTM days: 63 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 02/06/98 RCRIS: Resource Conservation and Recovery Information System Source: EPA/NTIS Telephone: 800 - 424 -9346 Resource Conservation and Recovery Information System. RCRIS includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Date of Government Version: 01/01/98 Date Made Active at EDR: 04/13/98 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 02/17/98 Elapsed ASTM days: 55 Date of Last EDR Contact: 02/10/98 CORRACTS: Corrective Action Report Source: EPA Telephone: 800 - 424 -9346 CCRRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 12/15/97 Date Made Active at EDR: 02/02/98 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 01105/98 Elapsed ASTM days: 28 Date of Last EDR Contact: 04/13/98 TCO250162.1r Page Ai FEDERAL NOWASTM RECORDS: BRS: Biennial Reporting System Source: EPA/NTIS Telephone: 800- 424 -9346 The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/95 Database Release Frequency: Biennially Date of Last EDR Contact: 03/24/98 Date of Next Scheduled EDR Contact: 06/22J98 CONSENT: Superfund (CERCLA) Consent Decrees Source: EPA Regional Offices Telephone: Varies Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: Varies Database Release Frequency: Varies Date of Last EDR Contact: Varies Date of Next Scheduled EDR Contact: NIA FINDS: Facility Index System Source: EPA/NTIS Telephone: 703- 908 -2493 Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C- DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 04/01/97 Database Release Frequency: Quarterly Date of Last EDR Contact: 02/26/98 Date of Next Scheduled EDR Contact: 06/22/98 HMIRS: Hazardous Materials Information Reporting System Source: U.S. Department of Transportation Telephone: 202 - 366.4526 Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT, Date of Government Version: 12/31/96 Database Release Frequency: Annually Date of Last EDR Contact: 03/31/98 Date of Next Scheduled EDR Contact: 07/27/98 MLTS: Material Licensing Tracking System Source: Nuclear Regulatory Commission Telephone: 301 - 4157169 MILTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 01/30/98 Database Release Frequency: Quarterly Date of Last EDR Contact: 04/13/98 Date of Next Scheduled EDR Contact: 07/13/98 NPL LIENS: Federal Superfund Liens Source: EPA Telephone: 205 - 564 -4267 Federal Superfund Liens. Under the authority granted the USEPA by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner receives notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/91 Database Release Frequency: No Update Planned Date of Last EDR Contact: 02/23/98 Date of Next Scheduled EDR Contact: 05/25/98 T'CO250162.1 r Page A2 M=W 6 109MA' e I M PADS: PCB Activity Database System Source: EPA Telephone: 202-260-3936 PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 09/22/97 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 02/16/98 Date of Next Scheduled EDR Contact: 05/18/98 RAATS: RCRA Administrative Action Tracking System Source: EPA Telephone: 202-564-4104 RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/95 Database Release Frequency: No Update Planned Date of Last EDR Contact: 03/17/98 Date of Next Scheduled EDR Contact: 06/15/98 ROD: Records Of Decision Source: NTIS Telephone: 703 -416 -0223 Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 03/31/95 Database Release Frequency: Annually Date of Last EDR Contact: 04/08/98 Date of Next Scheduled EDR Contact: 06/01/98 TRIS: Toxic Chemical Release Inventory System Source: EPA/NTIS Telephone: 202 -260 -1531 Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/95 Database Release Frequency: Annually Date of Last EDR Contact: 03/31/98 Date of Next Scheduled EDR Contact: 06/29/98 TSCA: Toxic Substances Control Act Source: EPA/NTIS Telephone: 202-260 -1444 Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. USEPA has no current plan to update and /or re -issue this database. Date of Government Version: 12/31/94 Database Release Frequency: Annually Date of Last EDR Contact: 03/16/98 Date of Next Scheduled EDR Contact: 06/15/98 TCO250162.tr Page A3 9 �, STATE OF MINNESOTA ASTM RECORDS: LUST: Leak Sites Source: Minnesota Pollution Control Agency Telephone: 612- 297 -8563 Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. Date of Government Version: 12/19/97 Date of Data Arrival at EDR: 01/29/98 Date Made Active at EDR: 02/27/98 Elapsed ASTM days: 29 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 03/24/98 SHWS: Superfund Permanent List of Priorities Source: Minnesota Pollution Control Agency Telephone: 612- 296 -6139 State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 06/01/96 Date Made Active at EDR: 09/09/96 Database Release Frequency: Annually Date of Data Arrival at EDR: 08/09/96 Elapsed ASTM days: 31 Date of Last EDR Contact: 02/02/98 LF: Permitted Solid Waste Disposal Facilities Source: Minnesota Pollution Control Agency Telephone: 612 -296 -1781 Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 06/01/97 Date Made Active at EDR: 10/31/97 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 10103/97 Elapsed ASTM days: 28 Date of Last EDR Contact: 03/12/98 UST: Underground Storage Tank Database Source: Minnesota Pollution Control Agency Telephone: 612- 297 -8657 Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 12/19/97 Date of Data Arrival at EDR: 02/16/98 Date Made Active at EDR: 03/16/98 Elapsed ASTM days: 28 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 03/24/98 STATE OF MINNESOTA NOWASTM RECORDS: AG SPILLS: Department of Agriculture Spills Source: Department of Agriculture Telephone: 612- 297 -5640 Incidents involving agricultural chemicals. Date of Government Version: 06/01/97 Database Release Frequency: Semi - Annually AST: Aboveground Storage Tanks Source: Minnesota Pollution Control Agency Telephone: 612- 296 -0930 Registered Aboveground Storage Tanks. Date of Government Version: 08/01/97 Database Release Frequency: Semi- Annually Date of Last EDR Contact: 12/23/97 Date of Next Scheduled EDR Contact: 05/18/98 Date of Last EDR Contact: 03/24/98 Date of Next Scheduled EDR Contact: 06122'98 TCO250162.1r Page A4 LCP: Closed Landfills Priority List Source: Minnesota Pollution Control Agency Telephone: 612- 296 -6706 The Minnesota Legislature enacted a law to manage and clean up the state's closed Mixed Municipal Solid Waste Landfills. Under that law, the MPCA is required to create and periodically revise a priority list of qualified landfills, based on the relative health and environmental risks they present. The MPCA established the first such priority list in December, 1994. Date of Government Version: 07/01/96 Database Release Frequency: Annually Date of Last EDR Contact: 03/02/98 Date of Next Scheduled EDR Contact: 06/29/98 DELISTED PLP: Sites Delisted From PLP Source: Minnessota Pollution Control Agency Telephone: 612-296-6139 The PLP rules specify that to delist a site, either all response actions required at a site have been completed, or that the site no longer poses a threat to public health or welfare or the environment. Date of Government Version: 06/01/97 Database Release Frequency: Annually Date of Last EDR Contact: 02/02/98 Date of Next Scheduled EDR Contact: 05/04/98 ENFORCEMENT: Generators Associated with Enforcement Logs Source: Minnesota Pollution Control Agency Telephone: 612- 297 -8332 Regulatory Compliance, Hazardous Waste Enforcement Log and Hazardous Waste Permit Unit Project Identification List. Date of Government Version: 02/02/98 Database Release Frequency: Quarterly Date of Last EDR Contact: 01 119/98 Date of Next Scheduled EDR Contact: 04/20/98 FERT: Fertilizer Dealers Source: Department of Agriculture Telephone: 612- 297 -5640 Facilities that handle fertilizers. Date of Government Version: 06/01/97 Database Release Frequency: Semi - Annually HAZ WASTE PERMIT: Active TSD Facilities Source: Minnesota Pollution Control Agency Telephone: 612- 297 -8471 Active TSD Facilities. Date of Government Version: 01/20/98 Database Release Frequency: Annually Date of Last EDR Contact: 12/23/97 Date of Next Scheduled EDR Contact: 05/18/98 Date of Last EDR Contact: 01/20/98 Date of Next Scheduled EDR Contact: 04/20/98 LS: List of Sites Source: Minnesota Pollution Control Agency Telephone: 612- 297 -2731 The List of Sites includes: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), No Further Remedial Action Planned (NFRAP), National Priorities List (NPL), Permanent List of Priorities (PLP), sites delisted from the Permanent List of Priorities (DPLP), Hazardous Waste Permit Unit Project Facilities (HW PERM), List of Permitted Solid Waste Facilities (SW PERM), 1980 Metropolitan Area Waste Disposal Site Inventory (METRO), 1980 Statewide Outstate Dump Inventory (ODI), Voluntary and Investigation Program (VIC), and Closed Landfill Sites Undergoing Cleanup (LCP). Date of Government Version: 09/23/97 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 03/16/98 Date of Next Scheduled EDR Contact: 06/15/98 PEST: Pesticide Dealers Source: Department of Agriculture Telephone: 612- 297-5640 Facilities that handle pesticides. Date of Government Version: 06/01/97 Database Release Frequency: Semi - Annually Date of Last EDR Contact. 12/23/97 Date of Next Scheduled EDR Contact: 05/18/98 TCO250162 1 r Page A5 SPILLS: Spills Log Source: Minnesota Pollution Control Agency Telephone: 612- 297 -8499 Date of Government Version: 11/01/97 Database Release Frequency: Quarterly VIC: Voluntary Investigation and Cleanup Program Source: Minnesota Pollution Control Agency Telephone: 612 -296 -8407 Voluntary Investigation and Cleanup (VIC) Program List. Date of Government Version: 01/13/98 Database Release Frequency: Quarterly Date of Last EDR Contact: 04/03/98 Date of Next Scheduled EDR Contact: 05/11/98 Date of Last EDR Contact: 04/13/98 Date of Next Scheduled EDR Contact: 07/13/98 Historical and Other Database(s) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. Former Manufactured Gas (Coal Gas) Sites: The existence and location of Coal Gas sites is provided exclusively to EDR by Real Property Scan, Inc. @Copyright 1993 Real Property Scan, Inc. For a technical description of the types of hazards which may be found at such sites, contact your EDR customer service representative. Disclaimer Provided by Real Property Scan, Inc. The information contained in this report has predominantly been obtained from publicly available sources produced by entities other than Real Property Scan. While reasonable steps have been taken to insure the accuracy of this report, Real Property Scan does not guarantee the accuracy of this report. Any liability on the part of Real Property Scan is strictly limited to a refund of the amount paid. No claim is made for the actual existence of toxins at any site. This report does not constitute a legal opinion. DELISTED NPL: NPL Deletions Source: EPA Telephone: 703 - 603 -8769 The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 09/25/97 Date Made Active at EDR: 11/28/97 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 09/26/97 Elapsed ASTM days: 63 Date of Last EDR Contact: 02/06/98 TCO250162,1 r Page A6 M A NFRAP: No Further Remedial Action Planned Source: EPA/NTIS Telephone: 703-413-0223 As of February 1995. CERCLIS sites designated "No Further Remedial Action Planned" (NFRAP) have been removed from CERCLIS. NFRAP sites may be sites where, following an initial investigation, no contamination was found, contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require Federal Superfund action or NPL consideration. EPA has removed approximately 25,000 NFRAP sites to lift the unintended barriers to the redevelopment of these properties and has archived them as historical records so EPA does not needlessly repeat the investigations in the future. This policy change is part of the EPA's Brownfields Redevelopment Program to help cities, states, private investors and affected citizens to promote economic redevelopment of unproductive urban sites. Date of Government Version: 12/31/97 Date of Data Arrival at EDR: 02/17/98 Date Made Active at EDR: 04/13/98 Elapsed ASTM days: 55 Database Release Frequency: Quarterly Date of Last EDR Contact: 01/05/98 Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1996 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in March 1997 from the U.S. Fish and Wildlife Service. Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration TCO250162.1 r Page A7 co A N 0 Ln N O U h Q ¢ N D d m o a ¢ S m a Q O a Z U. N N R � a m Q m U O Q m N d � N rn z w w m D 0 CL cc O U J O z 2 N O E U w O z ~O a 2 U) a v v N N a Q S O d ° 0 w 0. O 2 w 0 z DETAILED ORPHAN LISTING Site PHOTO CONTROL CORP QUEBEC AVE N NEW HOPE, MN 55428 RCRIS: Owner: NAME NOT REPORTED (312) 555-1212 Contact: GORDON VOLKMEIER (612) 537-3601 Record Date: 06/12/84 Classification: Small Quantity Generator Used Oil Recyc: No Violation Status: No violations found EDR ID Number Database(s) EPA ID Number RCRIS-SQG 1000415244 FINDS MND006261887 TCO250162.1r Page 17 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number CONTINENTAL BAKING CO INCO (Continued) 2983 1000412648 UST: Tank ID: 002 FACILITY ID: 2983 Telephone: 6125332221 Tank ID: 001 Capacity: 10000 Tank Number: 001 Material: BARE/PAINT /ASPH COAT STEEL Tank Status: ACTIVE Product: GASOLINE Install Date: 25 -oct -1966 Dispense Type: SUCTION Remove Date: Not reported Spill Containment: Not reported Tank Location: Under Ground Facility Type: INDUSTRY /MANUFACTURING Closed Date: Not reported Pipe Material: STEEUIRON Overfill Protect: Not reported Protection Type: No Info Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Unknown Tank Cathodic: Anode/Tank Pipe Cathodic: No Tank Remedial: Daily Stick Pipe Remedial: European Suction Owner: CONTINENTAL BAKING CO CHECKERBOARD SQUARE SAINT LOUIS, MO 63164 FACILITY ID: 2983 Telephone: 6125332221 Tank ID: 002 Capacity: 10000 Tank Number: 002 Material: BARE/PAINT /ASPH COAT STEEL Tank Status: ACTIVE Product: DIESEL Install Date: 25 -oct -1966 Dispense Type: SUCTION Remove Date: Not reported Spill Containment: Not reported Tank Location: Under Ground Facility Type: INDUSTRY /MANUFACTURING Closed Date: Not reported Pipe Material: STEEL/IRON Overfill Protect: Not reported Protection Type: No Info Tnk 2nd Cntmmnt: Not Applicable Pipe 2nd Cntmmnt: Unknown Tank Cathodic: Anode/Tank Pipe Cathodic: No Tank Remedial: Daily Stick Pipe Remedial: European Suction Owner: CONTINENTAL BAKING CO CHECKERBOARD SQUARE SAINT LOUIS, MO 63164 C10 UNKNOWN NW 5130 WINNETKA AVE N 1/4 -1/2 NEW HOPE, MN Higher MN SPILLS: Facility ID: 14584 Product: DIESEL VAPORS Amount Spilled: UNKN Incident Date: Not reported Priority: Not reported Incident: Not reported Spill Cause: DIESEL ODORS O Location: Not reported Description: Not reported MN Spills S101286656 NIA Reported By: Not reported Units: Not reported Date Reported: 03/18/91 Action Taken: Not reported 11 NEW HOPE DISTRIBUTION CENTER NW 517597 WINNETKA AVE N 1/4 -1/2 NEW HOPE, MN Higher MN LS 5102277055 MN VIC N/A TCO250162.1 r Page 12 Map ID Direction Distance Elevation Site MAP FINDINGS NEW HOPE DISTRIBUTION CENTER (Continued) MN Voluntary Investigation Cleanup Program Facility ID: 3540 7528 42ND AVE N Size Acres: 1.00 1/2 -1 MN LS: Facility ID: 3494 CERCL.IS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: Not reported Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: No HWIC: No Others: No 12 FOREMOST FACILITY South 7528 42ND AVE N 1/2 -1 NEW HOPE, MN Higher MN Voluntary Investigation Cleanup Program: Facility ID: 3150 Size Acres: 1.00 MN LS: Facility ID: 3497 CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Permanent List of Priorities By MPCA No Delisted From PLP By MPCA No Hazardous Waste Permit: Not reported Solid Waste Permit: No METRO: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes Closed Landfill Undergoing Cleanup: No HWIC: No Others: No EDR ID Number Database(s) EPA ID Number S102277055 Active: NO Entry Date: 2/24/93 MN LS S101200116 MN VIC N/A Active: NO Entry Date: 7/28192 13 BERYL CORPORATION A.K.A. LAKES West 5001 BOONE AVE N 1/2 -1 NEW HOPE, MN Higher MN Voluntary Investigation Cleanup Program: Facility ID: 8430 Active: Size Acres: 8.10 Entry Date: MN LS S102658495 MN VIC N/A YES 5/29197 D14 GILL BROTHERS South 7300 42ND AVE N 1/2 -1 NEW HOPE, MN Higher MN LS S102280226 NIA TCO250162.1r Page 13 Expertise ® Property Transfer A Brownfields Redevelopment A Industrial Compliance A Geotechnical Engineering ® Environmental Review Ms. AN1ENDOLA has extensive expertise in a wide range of consulting areas including property transfer, environmental remediation, industrial compliance, brownfields redevelopment, environmental review, engineering review, and geotechnical engineering. This vast experience and knowledge allows her to become involved with all aspects of a project and easily adapt to new and changing situations. Ms. Amendola manages many of the property transfer projects at Pinnacle. Her knowledge and experience with Phase 1, Phase 11, and underground storage tank investigations, liability protection, environmental remediation, brownfields redevelopment, and environmental funding programs allow her to provide exceptional service to Pinnacle's clients. She also conducts building condition surveys (engineering reports) and geotechnical engineering soil surveys. Ms. Amendola has prepared Environmental Assessment Worksheets (EAWs) and Alternative Urban Areawide Reviews (AUARs) for development projects. In addition, she has helped design storage facilities that comply with OSHA, building code, fire code, and NFPA (National Fire Prevention Association) requirements, and has determined whether or not existing facilities comply with these requirements. Within the industrial division, she managed and completed projects including permit applications and the required reporting for air and water discharges, hazardous waste disposal, employee training, and tank registration for facilities throughout Minnesota and Wisconsin. Ms. Amendola has conducted environmental compliance assessments at industrial facilities and developed procedures for returning the facilities to compliance. She has conducted indoor air quality assessments and equipment i.,. emissions studies, and she has developed and implemented pollution prevention and waste iiffid minimization plans. Education ® Bachelor of Science, Civil Engineering Institute of Technology - University of Minnesota Associations a Memberships • Certifications ® Member, American Society of Civil Engineers (ASCE) ♦ Member, Minnesota Ground Water Association (MGWA) d ® Member, Chi Epsilon (honorary civil engineering society) Registrations ® Engineer in Training (E.I.T.) Minnesota Pinnacle 11000 93rd Avenue North . Maple Grove, Minnesota 55369 lax.•. 612315.6507 • e-mail.., pinnacle a ace -net A R A Enginwidag phone... 61.315.4509 or 800.366.3406 Expertise A Site Investigation A Property Transfer A Regulatory Review A, GoVtechnka|Enginmehng A Project Management MR. HANSEN has over ten years experience in the environmental i |ust0/Am adapartmerk and project manager in site inves remediation, property transfer, and geotechnical engineering, Mr. Hansen brings a broad wealth of experience to projects, prov insight into environmental | pnob/ems, and working with regulators to establish and meet naa|isho goals. Throughout his career, Mr. Hansen has cultivated partnerships with a variety of clients, including municipalities, state government, industry, law firms, private citizens, and citizen groups. Mr. Hansen's site investigation expertise includes groundwater and soils studies throughout the United States. Studies have been conducted through federal agencies including the EPA, NRC, DOE, and various state agencies in Minnesota, Wisconsin, Colorado, Nevada, Vermont, Maine, and Oklahoma. Investigations have focused on a variety of contaminants including chlorinated solvents (DNAPLs and LNAPLs), petroleum related compounds, metals, and radionuclides. From tank removals, to plume characterization, to remediation of soils or groundwater, Mr. Hansen has the knowledge and experience to complete studies ina concise and timely manner. Clients requiring assistance with property transfer o/bnownfieNo issues will benefit from McHannen's t experiences with state and federal programs offering liability assurance. Whether working through Phase { and Phase || Environmental Site Assessments, or state programs such as Minnesota's Voluntary Investigation and Cleanup (V|C) program. |n addition to traditional site rennediahon. 0 ` K8c Hansen has the expertise to minimize liability from existing or potential contamination prior to, u � or after, a property transaction. K4cHonsenb skills include geotechnical aob - ahonandvvaubsfaci|hysiting. &uageokeohnkca| engineer, ho has prepared construction and foundation x»connmendadionreporto. as well as performed construction inspection and testing. His fao|hvuhing studies include oo|kj waste and low-level radioactive waste facilities as well ao work on the D facilit siting high-level radioactive waste disposal facility a1 Yucca Mountain, Nevada. Education A Bachelor of Science, Geo'Engnoo/ing Institute of Technology ' University ofMinnesota A Bachelor ofScience, Geology Institute of Technology - University of Minnesota Registrations ~ Associations ^ Memberships ~Certifications A Professional Engineer Minnesota and Wiscons A Professional Geologist Wisconsin A, USTSitaAssouoor/Romover - VYi000nuin Pinnacle AFA Aw W. X I:nglnwnkqg «ouomom Avenue North - Maple Grove Minnesota 5536 fax.. 612-315-4507 'e-muu_ pi^now0sccmm Phone.- 612.315A501 or 800-366-3406 D t Certificate ,, Liability Insurance n • •` t rAVARRE CORP 0E2 PO l r1A'f 15 ' 92 Oo: 35 i Pinnacle £nlineenn4, Inc. 11000 -43rd Avenue Nonti Maple Grove, Minnesura 55364 r* 1 6 -4501 Fox. 6 -4307 Pinnacleasmnet March 20, 1998 Chuck Cheney Navarre Corporation 7400 49th Avenue North New Hope, MN 55442 RE: Engagement Letter for a Phase I Environmental Site Assessment 7440 49th Avenue North, New Hope, Minnesota Pinnacle Proposal No.: MN98075.IP Dear Mr, Cheney: At the request of Jim Huey, Pinnacle Engineering, .Inc. (Pinnacle) is pleased to present to you this proposal of services and contract to perform a Phase I Environmental Site Assessment (ESA) for the Site described below. S ite h�°t1'ptio 7400 49th Avenue North, New Hope, Minnesota Scope of Services Pinnacle will conduct the ESA in accordance with the American Society for Testing and Materials (ASTM) Practice E 2527 -97. The ESA shall address the following issues: ® .Property Walk -Over Survey to include: vegetation condition review, review of surface waters in the immediate vicinity, usage of adjacent pieces of property, additional physical features, evidence of waste disposal, evidence of chemical storage, evidence of aboveground or underground storage tanks, evidence of PCB- containing transformers or equipment, and evidence of on -site or off -site wells, • Comprehensive records search of all past history documenting any known environmental impacts up to a one -mile radius of the assessment site; • Interviews with key site contact(s) and county and city environmental officials; I 1AVAPPE COPP 062 P02 March 20 1998 Mr. Chuck Cheney Pinnacle Proposal No.: MN98075.1P Page 2 MAY 15 '98 08:')-) Geographic and topographic review of the Site and surrounding area for possible environmental impacts, including pipelines, suspect industries, etc.; ® Review of property records for the Site, and, ® Compilation of assessment findings with a written report. Issues to consider Most ESAs take three to four weeks to complete. The time delays typically occur during file searches at regulatory agencies. This ESA will be completed within three weeks of written authorization. Pricing Pinnacle shall complete the ESA for a sum of $1,600000. An invoice will be issued to you after the report has been completed. To accept this Proposal, please sign, date, and return one Copy Of this correspondence to my office. Pinnacle will proceed with this work upon receipt of your written approval. Dated this day of 1998. PINNACLE ENGINEERING, INC. NAVARRE CORPORATION /1'" By. By: ell, J elle Amendola DISTRIBUTION Phase I Environmental Site Assessment 7400 49th Avenue North New Hope, Minnesota Copy 4t-') Number Copy of Copies Number American United Life Insurance Company Original One American Square P.O. Box 368 Indianapolis, IN 46206 Charles Cheney Copy I President Navarre Corporation 7400 49th Avenue North New Hope, Minnesota John R. Paulson Copy 2 Cambridge Apartments, Inc. c/o James Huey 6207 Larch Lane North Maple Grove, MN 55369 Pinnacle Engineering, Inc. Copy 3 11000 93rd Avenue North Maple Grove, MN 55369 QUALITY CONTROL REVIEWER Janell'e Amendola Project Manager/ Engineer STS CONSULTANTS STS CONSULTANTS LTD. Phase I ESA - 7600 - 49th Avenue North in New Hope, Minnesota New Hope Acquisitions, LLC c/o Glasgow Advisory Services Inc. Minneapolis, Minnesota STS Project 98836 -XA THE. Ir+trRA5TRUCTUR.r' 9MPCR.Nrr%'T,_ 1;__` STS CONSULTANTS STS Consultants, Ltd. 10900 - 73rd Ave. N., Suite 150 Maple Grove, MN 55369 -5547 763 - 315 -6300 Phone 763 - 315 -1836 Fax September 5, 2002 New Hope Acquisition, LLC c/o Glasgow Advisory Services Incorporated 301 - 4th Avenue South, Suite 660 Minneapolis, MN 55415 Re: Phase I Environmental Site Assessment - 7600 - 49th Avenue North in New Hope, Minnesota; STS Project 98836 -XA Dear Sirs: STS Consultants, Ltd. has completed the Phase I Environmental Site Assessment (ESA) for the above - referenced site. The purpose of the Phase I ESA was to evaluate the potential for contamination to have occurred on the site. The results of the Phase I ESA showed evidence of two recognized environmental conditions, as defined by ASTM, in connection with this property. The subject property is a "open" leaking underground storage tank (LUST) site. The listing resulted from reporting of elevated field screening readings of soil samples obtained during a Phase II ESA. The Phase II ESA report provided by the property owner showed apparent minimal impacts associated with past releases, none of which appear to be associated with an underground storage tank. Documentation should be submitted to the Minnesota Pollution Control Agency to close the LUST site. Leakage could occur from a flammables waste trap in the building. A soil boring conducted adjacent to the waste trap outside the building as part of a Phase II ESA reportedly found no indication of leakage, such as contaminated soil. However, the waste trap appears to be leaking. Additional Phase II ESA sampling or environmental observation during building demolition /site excavation would be needed to evaluate possible impacts. No off -site environmental sites with potential to impact the project site were identified. We appreciate having the opportunity to be of assistance to you on this project. If you have any questions or require further assistance, please feel free to contact us at 763/315 -6300. Sincerely, STS ONSULTANTS, LTD. Gary J. RaIrmun, PSS Senior Soil Scientist GJR /dn Encs. 7 d Robert L. DeGroot, P PE Principal Engineer P.636A001.doc T!-i L', lNI- S7.:��TF71..Fr7U E.4F I;�Af L;: k�[ATIVF_ OWWR Roq L4 STS CONSULTANTS Table of Contents EXECUTIVESUMMARY ..................................... ..............................1 1.0 INTRODUCTION .......................................... ............................... 3 1.1 Site Description ...................................... ............................... 3 1.2 Scope of Work ....................................... ............................... 3 1.3 Contractual Agreement .......................... ............................... 3 1 .4 Personnel ................................................ ..............................3 2.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT RESULTS. 4 2.1 General Site and Geologic Conditions ... ............................... 4 2.1.1 Geologic /Hydrogeologic Features .............................4 2.1.2 References ................................... ..............................4 2 .2 Site History ............................................. ............................... 4 2.2.1 Aerial Photographs ..................... ............................... 5 2.2.2 Contact with City of New Hope ... ............................... 5 2.2.3 City Directories and Sanborn Fire Insurance Maps........................................... ............................... 5 2.2.4 Prior Environmental Reports ....... ............................... 5 2.2.5 Chronological Site History .......... ............................... 5 2.3 Environmental Database Review ............ ............................... 8 2.4 Site and Vicinity Reconnaissance ........ ............................... 11 3.0 CONCLUSIONS ........................................... .............................13 4.0 GENERAL QUALIFICATIONS .................... .............................15 THE INFRASTRUCTURE IMPERATIVE R636A001.doc STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 EXECUTIVE SUMMARY The Phase I Environmental Site Assessment (ESA) prepared in general conformance with ASTM E 1527 -00 was conducted for 7600 - 49th Avenue North located in New Hope, Minnesota. The purpose of the Phase I ESA was to document site history with a focus on potential for environmental impacts to the project site by on -site and off -site sources. The results of the Phase I ESA revealed two recognized environmental conditions in connection with the property. • The subject property is a 'open" leaking underground storage tank (LUST) site. The listing resulted from reporting of elevated field screening readings of soil samples obtained during a Phase II ESA. The Phase II ESA report provided by the property owner showed apparent minimal impacts associated with past releases, none of which appear to be associated with an underground storage tank. Documentation should be submitted to the Minnesota Pollution Control Agency to close the LUST site. • Leakage could occur from a flammables waste trap in the building. A soil boring conducted adjacent to the waste trap outside the building as part of a Phase II ESA reportedly found no indication of leakage, such as contaminated soil. However, the waste trap appears to be leaking. Additional Phase II ESA sampling or environmental observation during building demolition /site excavation would be needed to evaluate possible impacts. A site walk -over performed by STS on August 22, 2002 revealed no surficial evidence of extensive contamination by hazardous materials, such as stains on the ground surface or building floors or walls, or vegetative stress, on the project site. No indications of environmental concerns, such as monitoring well casings or hazardous material warning signs, were observed on the project site or on property adjacent to the project site as observable from within project site boundaries. THE INFRABTRLJCTURE IMPERATIVE RMA001.doc STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 Review of historic aerial photographs did not indicate the presence of aboveground storage tanks or other obvious activities with potential for environmental concern on the project site. Environmental sites identified through an environmental database search did not appear to have the potential to impact groundwater below the project site. The City of New Hope Building Official was not aware of any environmental concerns associated with the project site. T THE INFRASTRUCTURE IMPERATIVE 2 R636A001.doo OF 63 STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 1.0 INTRODUCTION 1.1 Site Description The project site is located at 7600 - 49th Avenue North in New Hope, Minnesota, see Figure 1, Appendix. The approximately one acre site contains a one -story concrete building and bituminous asphalt, concrete and unpaved parking lot area. The project area is served by public utilities. The project site is bordered on the north by undeveloped land, on the east by a parking lot for an office building, on the south by 49th Avenue North and a residential area south across 49th Avenue North and on the west by apartment buildings. 1.2 Scope of Work The Phase I Environmental Site Assessment was performed in general conformance with ASTM E 1527 -00. 1.3 Contractual Agreement The Phase I Environmental Site Assessment was prepared by STS Consultants, Ltd. for the sole use of New Hope Acquisition, LLC. 1.4 Personnel The scope of work was performed by qualified environmental professionals. Resumes of STS employees who performed the work are included in the Appendix. THE INFRASTRUCTURE IMPERATIVE 3 R636A001.doc kq 614 STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 2.0 PHASE I ENVIRONMENTAL SITE ASSESSMENT RESULTS The remaining portions of this report discuss the findings of each of the items reviewed for our scope of work. The opinion developed through these findings relative to potential contamination is provided in the Conclusions section of this report. 2.1 General Site and Geologic Conditions 2.1.1 Geologic /Hydrogeologic Features Soils in the area formed in loamy glacial till deposits associated with the Des Moines Lobe and Grantsburg Sublobe deposits of the Wisconsinan glaciation. The St. Peter Sandstone bedrock underlies the glacial deposits at a depth of approximately 100 to 150 feet. Groundwater flow direction in the area is estimated to be generally to the east. Local groundwater flow direction may be influenced by existing ditches, storm or sanitary sewer utilities, or other manmade and natural features. 2.1.2 References Sources of soils, geological and groundwater information: Geologic Atlas of Hennepin County, Minnesota, Minnesota Geological Survey, 1989 2.2 Site History The sources used to develop a site history are described in Sections 2.2.1 through 2.2.4 below. A chronological site history is presented in Section 2.2.5. THE INFRASTRUCTURE IMPERATIVE 4 P.636A001.doc O N 6q STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 2.2.1 Aerial Photographs Aerial photographs from 1937, 1945, 1960, 1967, 1971, 1980 and 1990 were reviewed at the Borchert Map Library at the University of Minnesota in Minneapolis, Minnesota. 2.2.2 Contact with City of New Hope City of New Hope Building Official, Mr. Douglas Sandstad, was contacted regarding incidents of environmental concern which may have occurred on the project site and adjacent sites. 2.2.3 City Directories and Sanborn Fire Insurance Maps City directories were not reviewed because these records were searched by a prior Phase I ESA, see Section 2.2.4 below. Sanborn fire insurance maps for the project site were not available, see EDR Sanborn Map Report in the Appendix. 2.2.4 Prior Environmental Reports A Phase I ESA report and a Phase II ESA report both prepared by Versar Inc. (dated December 17, 1998 and January 15, 1999) were reviewed. Copies of the bodies of these reports and select appendix information are included in the Appendix. 2.2.5 Chronological Site History The 1937, 1945 and 1960 aerial photographs showed the subject property in apparent agricultural use. The area to the north was wooded, a residential property was to the east, an agricultural area changing to residential was to the south and agricultural uses were to the west. THE INFRASTRUCTURE IMPERATIVE 5 R636A001.doc L 1 4 vq STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 The 1967 aerial photograph showed the existing building on the project site. The surrounding parking lot appeared to be unpaved. Undeveloped land and an apparent light industrial building were to the north, a residence was to the east, residential areas were to the south and apartment buildings were to the west. The 1971 aerial photograph showed the existing building and apparent unpaved parking lot. Vehicles and equipment appear to be stored north of the building. Apparent filling activities were observed at and beyond the north property line. Surrounding properly uses were the same as observed in the 1967 aerial photograph. The 1980 and 1990 aerial photographs were consistent with existing site and surrounding development except for the parking lot and associated office building which are now east of the subject property. The Phase I ESA conducted in 1998 for the subject property indicated prior building occupancy by Nord & Frandsen Trucking from 1965 to 1969 and "Nord Trucking" in 1970/71. Review of City of New Hope building permit files (1998 Phase I ESA) indicated site occupancy by Robinson Transfer in 1973 and Wayne's Auto & Truck Service from 1975 through 1979. Northwest Delivery occupied the building and conducted truck maintenance from 1979 through 1989. The New Hope files indicated violations for operation of an "auto wrecking yard ", operation of a repair garage without a permit and "illegal storage of tires, pallets, inoperable vehicles, and miscellaneous other trash ". The Versar Phase I ESA identified several recognized environmental conditions (RECs) in connection with the property. The RECs are summarized below. • An underground storage tank (UST) containing used oil was formerly located near the northeast corner of the building. No documentation regarding the removal of the UST was available. Potential existed that a release of used oil could have occurred. • The parking lot surface at the subject property likely consisted of "oiled gravel ". The Phase I ESA stated that the "information suggests that waste oil or used oil was formerly applied to the unpaved parking lot surface" and that the oiis "couid represent a source of heavy metal, diesel range organic compounds, and PCBs to near surface soils T THE INFRASTRUCTURE IMPERATIVE 6 R636A001.doc �� STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 • A release of used oil occurred from an aboveground storage tank located in the southeast corner of the loading dock on April 13, 1993. The released oil entered a storm sewer catch basin at the southwest corner of the loading dock. Apparently most of the oil was collected by absorbent material. Some oil appears to have possibly flowed to three drainage ponds north of the property or another source contributed waste oil to the ponds. The property owner at that time (Mr. Krohn) arranged for disposal of contaminated water to the sanitary sewer from two of the ponds. Apparently, the Minnesota Pollution Control Agency facilitated disposal of contaminated water from the third pond. The MPCA issued a closure letter dated July 7, 1993 for the spill cleanup. • A flammables waste trap located in the southeast corner of the building could allow trapped oil to seep to the subsurface. • Uncontrolled filling and disposal of oily materials appears to have occurred at the north end of the property based on records review and from the Versar Phase I ESA. Potential contamination could exist at the north end of the property. Six soil borings were conducted for the Versar Phase II ESA. The soil borings were conducted at locations of identified environmental concern including the flammables waste trap, former UST basin, spill from the former AST in the depressed loading dock area, the central part of the northern end of the parking lot and apparent filled area near the north end of the property in the vicinity of disposal incidents identified by City records review and a City building official's recollection, see Figure 2 of the Versar Phase II ESA. Screening of soil samples from the soil borings with a flame ionization detector (FID) showed elevated FID readings from soil samples obtained from the two northernmost soil borings. Analysis of soil samples obtained from the base of each of the six soil borings and from the two samples with elevated FID readings showed no concentrations of diesel range organic compounds, gasoline range organic compounds or VOCs at concentrations above laboratory reporting limits. Concentrations of heavy metals analyzed appeared to be within ranges normally occurring in Minnesota soils. Versar stated that "the results of the Phase II ESA suggest that the apparent contaminants have been significantly attenuated through natural processes, and as a result, does (sp.) not appear to represent a risk to public health or the environment ". The Versar report THE INFRASTRUCTURE IMPERATIVE 7 R63BA001.doc kq 64 STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 recommended that "no further investigative or remedial actions appear to be warranted at the subject property at this time ". Mr. Douglas Sandstad, Building Official for the City of New Hope, indicated to his knowledge a petroleum release had occurred at the site sometime in the past. Mr. Sandstad indicated that waste oil was apparently dumped near the north property line. Mr. Sandstad was not aware of any additional environmental information regarding the subject property. 2.3 Environmental Database Review Potential risk sites on government databases were searched by Environmental Data Resources, Inc. The database sources and ASTM search distances are listed below. The EDR search radii meet or exceed the ASTM search distances. Database Sources Search Distance Federal NPL Site List 1.0 mile Federal CORRACTS List 1.0 mile State SHWS (State Hazardous Waste Sites) 1.0 mile Minnesota Voluntary Investigation and Cleanup (VIC) Program 0.5 mile Federal CERCLIS List 0.5 mile Federal RCRIS TSD List (treatment, storage, disposal facilities) 0.5 mile State LUST (Leaking Underground Storage Tanks) 0.5 mile State SWF (permitted as solid waste landfills, incinerators, or transfer stations) 0.5 mile State UST (registered underground storage tanks) property and adjoining properties Federal RCRA generator list property and adjoining properties Federal ERNS (Emergency Response Notification System of Spills) List property only The complete EDR report is included in the Appendix. A review of the standard environmental record sources revealed the following: 1. No U.S. EPA National Priority List (NPL) sites were identified within a 1.0 -mile radius of the project site. THE INFRASTRUCTURE IMPERATIVE 8 R636A001.doc r lqv P S STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 2. No U.S. EPA CORRACTS sites were identified within a 1.0 -mile radius of the project site. 3. One SHWS (state equivalent Superfund Permanent List of Priorities or PLP) sites were identified within a 1.0 -mile radius of the project site. The Electronic Industries, Inc. PLP site, located approximately 3/4 mile south of the project site cross - gradient in estimated groundwater flow direction, does not appear to have potential to impact groundwater below the project site. 4. Three VIC sites were identified within a 0.5 -mile radius of the project site. The three VIC sites (EDR Sites C12 and C13 [same site] and Site 15), all located approximately 1/3 mile northwest of the subject property, tangentially cross - gradient in estimated groundwater flow direction, do not appear to have potential to impact groundwater below the project site based on distance. 5. No CERCLIS sites were identified within a 0.5 mile radius of the project site. In addition, the project site was not identified as a U.S. EPA CERCLIS /NFRAP site. 6. No RCRIS -TSD sites were identified within a 0.5 -mile radius of the project site. 7. The subject property was listed as an "open" LUST site. The report date for the LUST site, January 7, 1999, and the date of the reported release, January 5, 1999, are consistent with the date field worts was conducted for the Phase II ESA, see Section 2.2.5 of this report. Review of the MPCA web site for this LUST listing showed no submittal of reports to the MPCA or MPCA actions regarding the reported release. The Phase II ESA recommended that no further environmental assessment appeared warranted. The Wingate Apartments LUST site (EDR Site No. 7) is located adjacent to the west side of the subject property, up- gradient in estimated groundwater flow direction. Review of the MPCA web site indicated that no groundwater contamination was reported. The closed Wingate Apartments LUST site does not appear to have potential to impact groundwater below the project site. Site closure indicates O THE INFRASTRUCTURE IMPERATIVE 9 R636A001.doc � 5T5 CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 cleanup was performed to the satisfaction of Minnesota Pollution Control Agency (MPCA) standards at the time of closure. The remaining LUST site (EDR Site No. 17) was listed as closed and is located approximately 1/3 mile northwest of the project site, tangentially cross - gradient in estimated groundwater flow direction. This LUST site does not appear to have potential to impact groundwater below the project site. 8. No solid waste facility (SWF) sites were identified within a 0.5 -mile radius of the project site. 9. Three underground storage tank (UST) sites were identified within a 1/4 mile radius of the project site. The four USTs listed at the adjacent Wingate Apartments are "temporarily closed ". The closed Wingate LUST site was discussed above. The other two listed UST sites are not located adjacent to the project site. The project site was listed as having an aboveground storage tank (AST). The 265 gallon AST, located inside the building, is used for storage of used or waste oil. 10. Three mapped small quantity generators (SQGs) of hazardous waste were listed within a 114 mile radius of the project site. In addition, seven unmapped SQGs were listed in the EDR Orphan Summary. None of the mapped or unmapped SQG sites are located adjacent to the project site. 11. The project site was listed as a MN Spill site. The spill listing is associated with the release of waste oil from an AST in the loading dock discussed in Section 2.2.5 above. 12. Three mapped MN LS sites were identified within a 112 mile radius of the project site. In addition, two unmapped MN LS sites were listed in the EDR Orphan Summary. None of the mapped or unmapped MN LS sites appear to have potential to impact groundwater below the project site. Q THE INFRASTRUCTURE IMPERATIVE 10 R036A001.dOc GVZA STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 2.4 Site and Vicinity Reconnaissance A site walk -over and vicinity reconnaissance was performed on August 22, 2002 by Mr. Gary Rathbun of STS Consultants, Ltd. Mr. Brett Ahrens, owner, accompanied Mr. Rathbun during the reconnaissance of the project site. A concrete office /shop building occupies the southwest corner of the approximately one acre subject property, see Photograph 1, Appendix. Mr. Ahrens indicated that the former waste oil underground storage tank was located near the northeast corner of the building under an area now covered by concrete, see Photograph 2, Appendix. A release of waste oil occurred from a former aboveground storage tank (AST) located in the depressed loading dock on the north side of the building according to Mr. Ahrens, see Photograph 3, Appendix. Approximately 10 gallons of waste oil reportedly flowed to a catch basin in the southwest corner of the depressed loading dock, see Photograph 4. The storm sewer drains to the north side of the subject property. Potential environmental concerns associated with the UST and AST were addressed in the Phase II ESA conducted in 1999, see Section 2.2.5 of this report. A 265 gallon AST is currently used for storage of waste oil inside the facility, see Photograph 5, Appendix. Apparent minor drips on the concrete floor surface were absorbed with floor dry compound. A flammables waste trap of concrete block construction was located near the entry door at the southeast corner of the building, see Photograph 6, Appendix. The liquid level in the flammables waste trap appeared to be below normal operating level. Mr. Ahrens indicated that washing of trucks had not occurred for several months. It is possible that the flammables waste trap is leaking. Mr. Ahrens indicated that general servicing, such as oil changes and minor maintenance of trucks, occurred within the building. No spills were observed adjacent to two 55 gallon drums of motor oil in the building. THE INFRASTRUCTURE IMPERATIVE 11 R636A001.doc STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 No indications of release of hazardous materials, such as extensive stains on the ground surface or inside the building, or vegetative stress, were observed on the subject property. No indications of environmental concern, such as monitoring wells, were observed on the subject property or on properties adjacent to the subject property as observable from within project site boundaries. THE INFRASTRUCTURE IMPERATIVE 12 RMA001.doc ` STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 3.0 CONCLUSIONS STS performed the Phase I Environmental Site Assessment for 7600 - 49th Avenue North in New Hope, Minnesota in general conformance with the scope and limitations of ASTM E 1527 -00. This assessment revealed evidence of two recognized environmental conditions, as defined by ASTM, in connection with this property. • The subject property is a "open" leaking underground storage tank (LUST) site. The listing resulted from reporting of elevated field screening readings of soil samples obtained during a Phase II ESA. The Phase II ESA report provided by the property owner showed apparent minimal impacts associated with past releases, none of which appear to be associated with an underground storage tank. Documentation should be submitted to the Minnesota Pollution Control Agency to close the LUST site. • Leakage could occur from a flammables waste trap in the building. A soil boring conducted adjacent to the waste trap outside the building as part of a Phase II ESA reportedly found no indication of leakage, such as contaminated soil. However, the waste trap appears to be leaking. Additional Phase II ESA sampling or environmental observation during building demolition /site excavation would be needed to evaluate possible impacts. A site walk -over performed by STS on August 22, 2002 revealed no surficial evidence of extensive contamination by hazardous materials, such as stains on the ground surface or building floors or walls, or vegetative stress, on the project site. No indications of environmental concerns, such as monitoring well casings or hazardous material warning signs, were observed on the project site or on property adjacent to the project site as observable from within project site boundaries. Review of historic aerial photographs did not indicate the presence of aboveground storage tanks or other obvious activities with potential for environmental concern on the project site. Environmental sites identified through an environmental database search did not appear to have the potential to impact groundwater below the project site. The City of O THE INFRASTRUCTURE IMPERATIVE 13 R636A001.dOC AWPG 5T5 CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 New Hope Building Official was not aware of any documented environmental concerns associated with the project site. Phase II ESA documentation should be provided to the MPCA to request closure of the LUST site associated with the subject property. A Contingency Plan to address possible contaminated soil which could be encountered by building demolition /site excavation or grading activities should be prepared if redevelopment of the property is planned. THE INFRASTRUCTURE IMPERATIVE 14 R636AO01.doc ICi` STS CONSULTANTS New Hope Acquisition, LLC STS Project 98836 -XA September 5, 2002 4.0 GENERAL QUALIFICATIONS The information presented in this report is based on literature and informal discussions with various agencies and personnel. The conclusions presented above are the result of our professional interpretation of the information collected in this study. Many conclusions in the evaluation were based on information from others and readily available information. Therefore, if new information is disclosed or an alteration of the informal and verbal information occurs, it could result in the redirection of the conclusions presented in this report. The soil and groundwater on this property have not been chemically analyzed and their quality has not been evaluated. STS Consultants, Ltd. does not "certify" or guarantee that any property is free from environmental impairment. (D THE INFRABTRUCTURE IMPERATIVE 15 R636A001.doc STS CONSULTANTS APPENDIX Figure 1 - Site Location Diagram Phase I and Phase II ESA Reports by Versar Inc. (body of reports and select appendices) EDR Sanborn Map Report EDR Environmental Database Report Photographs Resumes 0 THE INFRASTRUCTURE IMPERATIVE R636A001.doc r r �[ Ill. F' I b 1 ; I Pa7k �ti • :S'r � � 1 —t '- � �" :i[ r �T. - .e ,,. �+� ,� ( S � �. � :� r a � � II + +er• � -. r I -r 1� �� it d , ._ �� 4 �� .y,, V _ � �_i. ��, � '` xs�+c .I + . � <�• . "' ? ' � `" 1`::� li I: i J ' °� �,' . s � re^ �S -Nl i� >tl �- 4 . -- { . _ I 1 i ��`��m I � J _ r y ''�y[. { . _ i � , t ._ ...II 999 � } 4r -I1� $ I I 1` r t '� = J �C' A' r - , i. i �'• I { J '4� p -- �.�, 1 �. 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PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT PRIVILEGED DOCUMENT ENVIRONMENTAL SITE ASSESSMENT RICHARD KROHN PROPERTY 7600 49TH AVENUE NORTH NEW HOPE, MINNESOTA Prepared for: Norwest Bank Minnesota, N.A. 7900 Xerxes Avenue South Bloomington, Minnesota and Mr. Donald Ahrens 7600 49th Avenue North New Hope, Minnesota Versar Project Number 4424.009 December 17, 1998 This document has been prepared in accordance with accepted scientific and engineering practices and procedures and Versar, Inc.'s Quality Assurance Program. T4 4—/7—,9,e Prepared by: Ti pt y . Bu tram Date Environmental Geologist Project Manager Approved bJoesoita Te ey, P.G. Date Division Manager TABLE OF CONTENTS EXECUTIVE SUMMARY ..................... ............. .............. ii A. INTRODUCTION ........... .... ........................... ............ 1 A.1 Authorization ............................................... ............................... 1 A.2 Purpose and Objectives .... ..... ....... .. ............................... ................ 1 A.3 Background Information ........... .......................... ............................... 1 B. GEOLOGIC AND HYDROGEOLOGIC CONDITIONS ..... ............................... . ............. 2 B.1 Soil and Topography ............................. ............................... B .2 Bedrock .................................. ............................... .............. 3 B.3 Surface Water .. - - - ... - 3 B.4 Groundwater — - - - ........ 3 B.5 Radon......_ 4 C. SITE DESCRIPTION ............................................... ............................... 4 C .1 Site Location ............................................... ............................... 4 C.2 Site Improvements and Current Use ... _ ........... _ .......... ............... 4 C.3 Land Use in the Vicinity ............... ............................... ...................... 5 C.3.a Historical Topographic Maps .................... ............................... ...... 5 C.3.b Sanborn Fire Insurance Company Maps .................. ............................... 5 C.3.c Aerial Photographs.......... ................... ............ ........................ 5 C.3.d City Directories ........................ ............. ............................... 7 C.3.e City of New Hope .................................... ............................... 7 D. RECORDS REVIEW AND INTERVIEWS .............................. ............................... 8 D.1 Federal Records ............................................. ............................... 8 D.2 State Records and Interviews .................................. ............................... 9 D.2.a Environmental Database Search ............................. . .......................... 9 D.2.b MPCA Tanks and Emergency Response . ............................... ............... 10 D .3 City of New Hope .......................................... ............................... 10 E. SITE RECONNAISSANCE .......... E.1 General Information ......... . E.2 On -site Land Use and Materials E.3 Surrounding Land Use ........ F. DISCUSSIONS AND CONCLUSIONS. G. RECOMMEENDATIONS ............ . H. REFERENCES ..................... I. LIMITATIONS ..................... FIGURES Figure 1: Site Location Map Figure 2: Site Map APPENDICIES 11 11 11 12 13 14 14 15 Appendix A: EDR- Radius Map with GeoCheckTM Report Appendix B: Aerial Photographs Appendix C: MPCA and MWCC Letters Appendix D: Site Reconnaissance Photographs Appendix E: Versar Personnel Qualifications Executive Summary In accordance with written authorization on November 18, 1998 by Mr. Gerry Vidmar, Assistant Vice President of Norwest Bank Minnesota, N.A. (Norwest), on behalf of Mr. Donald Ahrens, potential buyer of the subject property; Versar, Inc. ( Versar) conducted a Phase I Environmental Site Assessment (ESA) of the (subject) property located at 7600 49th Avenue North in New Hope, Hennepin County, Minnesota. The Phase I ESA was conducted in general accordance with American Society for Testing and Material's Standard Practice E1527 -97 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The objective of the assessment was to document the presence or likely presence of hazardous substances or petroleum products on the subject property which pose a potential or existing environmental concern to public health or the environment. Results of the Phase I ESA have revealed evidence of recognized environmental conditions in connection with the subject property. Results of the Phase I ESA have revealed evidence of recognized environmental conditions in connection with the subject property. Versar's interview with Mr. Ahrens indicated that an underground storage tank (UST) was formerly located north and adjacent to the northeast corner of the on -site building. To the best of his knowledge Mr. Ahrens reported that the UST previously contained used oil and was removed in 1986 or 1987. The presence of a former UST at the subject property represents a potential source of contamination for subsurface soils. Versar is not aware of the existence of either a written excavation report or soil chemistry analytical data for proper closure of the UST. According to the reviewed notes from an April 1973 city council meeting, the parking lot surface at the subject property consisted of "oiled gravel." This information suggests that waste oil or used oil was formerly applied to the unpaved parking lot surface in order to minimize dust generation. This was a common practice at the subject property during the early 1970s. The source and composition of the oil was not documented. The applied oil could have potentially contained heavy metals and/or polychlorinated biphenyls (PCBs). Application of potentially - contaminated oils to the unpaved surfaces at the subject property could represent a source of heavy metal, diesel range organic compounds, and PCBs to near surface soils through leaching by precipitation and other mechanisms. A documented petroleum spill was discovered at the subject property and adjacent undeveloped property by a City of New Hope fire official on April 13, 1993. Approximately 10 gallons of used oil and possible antifreeze was released from the bottom of the on -site aboveground storage tank (AST) at the southeast corner of the loading dock. The oil migrated along the southern (lowest) end of the loading dock and entered a storm sewer grate at the southwest corner of the loading dock. Most oil was apparently collected by absorbent material or removed from the loading dock was a front end loading tractor (from Fire Department's Pollution Event Log). Mr. Ahrens reported that the remaining oil was removed through steam cleaning. However, the potential exists that used oil, antifreeze, and other constituents of the waste fluid could have entered subsurface soils through cracks in the concrete or seams between the loading dock pavement and sidewalls. A linear drain in the maintenance shop and an access cover for an associated concrete sump were observed within the on -site building. Oil or other waste materials could potentially enter the linear drain and accumulate within the concrete sump. Depending on the construction of the sump, it potentially represents a conduit for migration of contaminants to the subsurface. Review of aerial photographs and prior inspection notes from the City of New Hope indicate that various waste materials have been disposed of at the north end of the subject property. Scattered surface debris and other items documented at the north side of the subject property have included concrete chunks, old tires, lumber scraps, plastic, paper, wood pallets, inoperable vehicles, and miscellaneous other trash. This information suggests that limited filling or disposal activities have occurred at shallow depths at the north end of the subject property. Based on Versar's review of an environmental database report, a petroleum storage tank release was discovered at the adjacent Wingate Apartment property. This property is located to the west and upgradient from the subject property with respect to the published regional groundwater flow direction. Based on information from the Minnesota Pollution Control Agency (MPCA), approximately 25 cubic yards of contaminated soil was excavated from the Wingate Apartment property and thermally treated. Water was encountered within the tank basin at a depth of 8 to 10 feet below land surface. Based on the published depth to groundwater of approximately 50 feet, the occurrence of shallow water at the Wingate Apartment site appears to represent a interval of saturated sediments "perched" above layer of impermeable sediments. As the water observed in the basin was likely in direct contact with contaminated soil, the potential exists that a plume of contaminated water could impact the subject property. However, there is insufficient information on the location, thickness, and lateral extent of the perched water resource to be able to determine potential impacts to the subject property. A physical review of MPCA petroleum storage tank release incident files, in addition to a Phase II ESA, would be necessary to evaluate the issue. U vensa1 NC. A. INTRODUCTION A.1 Authorization In accordance with written authorization on November 18, 1998 by Mr. Gerry Vidmar, Assistant Vice President of Norwest Bank Minnesota, N.A. ( Norwest), on behalf of Mr. Donald Ahrens, a tenant and potential buyer of the subject property; Versar, Inc. ( Versar) conducted a Phase I Environmental Site Assessment (ESA) of the following (subject) property owned by Mr. Richard Krohn: 7600 49th Avenue North New Hope, Hennepin County, Minnesota. The Phase I ESA was conducted in general accordance with American Society for Testing and Material's (ASTM) Standard Practice E1527-97, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. A.2 Purpose and Objectives The purpose of the Phase I ESA was to evaluate environmental conditions of the subject property. The objective was to document the presence or likely presence of hazardous substances or petroleum products on the subject property which pose a potential or existing environmental concern to public health or the environment. The scope of services included review of records pertaining to site history; a site reconnaissance; interviews with representatives of the subject property and/or governmental officials; and preparation of this report describing the methods, results, and conclusions of the assessment. A.3 Background Information Mr. Donald Ahrens stated that Mr. Krohn has owned the subject property since 1979. Mr. Ahrens has used exterior portions of the subject property since 1982 for parking commercial trucks and trailers associated with his trucking business. Mr. Ahrens' trucking business has occupied the on -site building from 1991 to the present for truck oil changes and other maintenance activities. Based on interviews conducted with Mr. Ahrens, it is his understanding that a former trucking and excavation equipment company occupied the subject property for several years during the 1960s. His stated concerns included the possible disposal of "drain oil" from heavy construction equipment into the on -site soils. He had no direct evidence that used oil had been improperly disposed at the subject property. However, Mr. Ahrens indicated that it was a possibility based on his knowledge of common waste disposal practices from that time period. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 2 Additional concerns presented to Versar by Mr. Ahrens included possible on -site burial and filling activities associated with the former excavator /trucking company. Based on his conversations with Mr. Jacobwith (deceased), former owner of a farmstead that had historically been located to the east and adjacent to the subject property, items potentially buried at the subject property included an automobile body. Mr. Ahrens indicated that an approximately 1,000- to 1,500 - gallon capacity, bare steel underground storage tank (UST) was previously located adjacent to the northeast corner of the on -site building. Mr. Brett Ahrens, son of Donald Ahrens, indicated that the UST was removed from the subject property in approximately 1986 or 1987. To the best of their knowledge, the UST contained used motor oil and was not associated with petroleum dispensing. No excavation or UST closure reports are known to exist. Neither individual was present at the time of UST removal. According to Mr. Ahrens, a release of used oil occurred at the subject property in 1993 when the bottom plug of aboveground storage tank (AST) was loosened and forced out. This resulted in spillage of approximately 10 gallons of used oil to a loading dock stormwater drain. The used oil was discharged through the drain pipe onto an undeveloped site located to the north and adjacent to the subject property. He indicated that approximately one cubic yard of soil was excavated from the drainage ditch and thin spread along the west side of the subject property. B. GEOLOGIC AND HYDROGEOLOGIC CONDITIONS BA Soil and Topography Review of the Osseo Quadrangle, Minnesota 7.5- minute series (topographic) map [from United States Geological Survey (USGS), 1993] and a City of New Hope topographic map dated 1991, indicate that subject property surface elevations ranged from 908 feet above mean sea level datum (MSLD) at the southeast portion of the site to 912.5 feet above MSLD at the east side of the on- site building. Contour lines on the 1991 topographic map indicate that the ground surface at the subject property is essentially level or gently sloped away from the on -site building and parking lot. A City of New Hope topographic map, dated 1955, indicates that no structures were present at the subject property. Pre - development ground elevation contour lines were similar to those present on the 1991 topographic map. In general, pre - development elevations at the subject property were approximately 2 feet higher than indicated for 1991. It appears that the subject property elevation was reduced through grading activities. However, review of the topographic maps in itself does not suggest historical evidence for burial or excavation activities at the subject property. Comparison of the topographic maps indicates that a natural drainage channel located to the west of the subject property had been filled in between 1955 and construction of the Wingate Apartment complex in 1967. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 3 Surficial sediments in the vicinity of the subject property consist of Pleistocene (Late Wisconsinan) Loamy Till deposits that are chiefly loam in texture with few beds and lenses of stratified sediments (Balaban, N.H., 1989). Loam is a permeable soil composed of a mixture of sand, silt, clay, and organic matter. Till refers to an unstratified material deposited directly by glaciers without reworking by meltwater, and typically consisting of a mixture of clay, silt, sand, gravel, and/or boulders. B.2 Bedrock The uppermost bedrock elevation in the vicinity of the subject property is approximately 795 feet above mean sea level datum (MSLD), a depth corresponding to approximately 115 feet BLS (Balaban, N.H., 1989). The uppermost bedrock unit in the vicinity of the subject property is the St. Peter Sandstone (Balaban, N.H., 1989). The upper half to two- thirds of this formation is a fine- to medium - grained, friable quartz sandstone (Balaban, N.H., 1989). The St. Peter Sandstone has an approximate thickness of 160 feet (Balaban, N.H., 1989). B.3 Surface Water No surface water bodies or wetlands are located on or within a 0.75 -mile radius of the subject property. Information from Federal Emergency Management Agency Flood Insurance Rate Maps, dated January 2, 1981, indicates that the subject property is located in Flood Zone C; not prone to flooding. BA Groundwater The potentiometric surface of groundwater in the vicinity of the subject property is approximately 862 feet above MSLD; a depth of approximately 50 feet BLS (Balaban, N.H., 1989). The published regional groundwater flow direction in the vicinity of the subject property is east - northeast, toward the Mississippi River (Balaban, N.H., 1989). The subject property is located near a hydrogeological boundary separating geologic materials which do and do not readily transmit water (Balaban, N.H., 1989). Published information for the uppermost water table system indicates that glacial materials associated with areas west of the subject property "do not readily transmit groundwater" (Balaban, N.H., 1989). The uppermost groundwater aquifer in the immediate vicinity of the subject property is classified as having a low susceptibility to pollutants based on the presence of loamy till and the depth to the water table (greater than 10 feet) [Balaban, N.H., 1989]. Versar retained E Data Resources, Inc. (EDR) of Southport, Connecticut to provide federal and state environmental database services for this project. Neither the EDR report or the Minnesota Geological Survey's County Well Index contained documentation of registered wells at the subject or adjacent properties. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 4 In addition, EDR provides services including the retrieval of available information pertaining to public water supply system information, regional groundwater flow information, subsurface geological information, and a summary of radon testing information conducted in the particular Zip Code area that the subject property is located. A copy of the EDR Radius Map with GeoCheckTM report is attached in Appendix A. B.5 Radon According to database information provided by EDR, four radon tests were conducted at basement locations within the 55428 Zip Code area. The average measured radon activity level at the four sites was 3.800 picoCuries per liter (pCi/L). This is below the guideline of 4.0 pCi/L established by the United States Environmental Protection Agency (USEPA). Of the four documented tests, two resulted in measured radon activity levels of less than 4.0 pCi/L. A total of 8,166 radon tests results have been documented by the Minnesota Department of Health (MDH) for Hennepin County. Approximately 65 percent of these tests (5,304) were found to have radon activity levels of less than 4.0 pCi/L. The tests were primarily conducted in residential homes. C. SITE DESCRIPTION C.1 Site Location The subject property is located immediately northwest of the intersection of Quebec Avenue North and 49th Avenue North in New Hope, Minnesota. The subject property is located in the SW' /a of the NW' /a of Section 8, Township 118 North, Range 21 West in Hennepin County, Minnesota (USGS, 1993). The location of the subject property is indicated on Figure 1: Site Location Map. C.2 Site Improvements and Current Use The subject property consists of an approximately one acre parcel (287 -ft. by 140 -ft.) improved with a 2,400 - square foot (60 -ft. by 40 -ft.) one -story concrete block warehouse building. The on- site building has a concrete slab on -grade foundation, 12 -inch concrete block walls, and a flat built -up roof assembly. The interior of the building is improved with a truck repair /maintenance shop that consists of a bare concrete floor with a 40 foot long trench drain with a work station and stored equipment along the shop walls. An office and an overhead (mezzanine level) storage area are located in the southeastern corner of the subject building. A_ concrete sump with flammable waste trap are connected downstream of trench drain and are located in the office portion of the building. Vehicle access to interior portions of the building is through a 12 foot wide overhead door located at the south side of the building. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 5 Exterior portions of the subject property are improved with an asphalt and concrete paved parking area enclosed on all sides by a six foot high cyclone and barb -wire fence. A depressed loading dock with two 8 foot wide overhead door is located at the north side of the building. The exterior areas to the north and east of the subject building are used for automobile, truck, and trailer parking. The southern end of the subject property is landscaped with grass and trees. Information from the site reconnaissance and the City of New Hope building permit file indicates that the subject property is currently supplied with natural gas, electrical service, municipal water, sanitary sewer service, and public telephone. Natural gas and electrical connections are located at the south side of the on -site building. Refer to Figure 2 Site Map, for an illustration of general site features. C.3 Land Use in the Vicinity Development in the immediate vicinity of the subject property includes multi - family and single - family residential properties to the west and south of the subject property, and commercial properties located to the northwest, east, and southeast. The adjacent property to the north of the subject prcperty is undeveloped and consists of small wooded area. C.3.a Historical Topographic Maps: Versar viewed historical USGS topographic maps of the subject property and surrounding area, dated 1902, 1955, 1967, 1972, 1980, and 1993 at the University of Minnesota's Borchert Map Library. Versar viewed historical topographic maps from the City of New Hope dated 1955 and 1991. The reviewed topographic maps indicate that the subject property and adjacent properties to the west and north were undeveloped in 1955. The existing building was depicted at the subject property on the 1967 topographic map. A farmstead and three outbuildings were located to the east and adjacent to the subject property during the period from 1955 through 1993. C.3.b Sanborn Fire Insurance Company Malls:. Versar contacted EDR to obtain copies of historical Sanborn Fire Insurance Company (Sanborn) maps. However, based a review of its extensive Sanborn map collection, EDR was not able to identify Sanborn map coverage for the subject or surrounding properties. C.3.c Aerial Photographs: Versar viewed aerial photographs of the subject property and surrounding area. The photographs obtained by Versar are dated 1954, 1956, 1960, 1962, 1967, 1971, 1975, 1980, and 1987. The photographs were obtained from the University of Minnesota's Borchert Map Library and the City of New Hope. Copies of selected aerial photographs are provided in Appendix B. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 6 The 1954 aerial photograph indicates that the subject property was a cultivated field. No structures were present at the subject property. An aerial photograph "overlay ", dated August 1954, indicates that the subject property was part of a 9.75 acre parcel owned by M. Yunker. An unpaved gravel road was located along the east boundary of the subject property. A wooded area was located to the north of the subject property along the west side of the gravel road. An adjacent farmstead and agricultural field located to the east and adjacent to the subject property was owned by E.E. Landree. The 21.33 acre Landree parcel extended to the east and north to the nearby railroad lines. The Minneapolis Northfield and Southern Railroad was located to the east of the subject property. The Minneapolis, St. Paul, and Sault Sainte Marie Railroad line was located to the north of the subject property. The primary surrounding land uses included agricultural fields, farmsteads, and railroad right -of -ways. The 1956 aerial photograph indicates no change in land use at the subject property and adjacent properties with respect to 1954. Residential neighborhoods were located to the north and east of the referenced railroad right -of -ways. The 1960 and April 1962 aerial photographs indicate no change in land use at the subject property or adjacent properties to the west, north, or east. Single family residential properties were located along the south side of the 49th Avenue. The November 1967 aerial photograph indicates that the subject property was developed with the existing on -site building. An unpaved parking area was located at the north side of the subject building. Access to the rear of the subject property was apparently along a driveway located along the west side of the building. The existing Wingate Apartment buildings were present to the west of the subject property. A commercial office/warehouse was located to the northwest of the subject property. A ready -mix concrete plant was located to the northeast of the subject property near the intersection of the two reference railroad lines. Undeveloped land parcels were located adjacent to the north of the subject property, and to the east and beyond the adjacent farmstead. An undeveloped parcel was also present at the southeast quadrant of Quebec Avenue and 49th Avenue. The 1971 aerial photograph indicates no changes at the subject property and surrounding properties with respect to 1967. The 1971 aerial photograph indicates that exterior portions of the subject property were used for parking and/or storage of vehicle and miscellaneous equipment. The scale of the photograph prevents accurate determination of exterior land use at the subject property, Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 7 The 1975 aerial photograph indicates no changes at the subject property and most adjacent properties. At least three vehicles, a truck trailer, and several unidentified items were present within the storage yard located to the east and north of the on -site building. Possible evidence of filling or dumping activities and/or storage of miscellaneous debris is apparent on the 1975 aerial photograph as disturbed areas located immediately adjacent to both sides of the north property line and the east side of the west property line. New development in the vicinity of the subject property included a commercial building which was constructed at the southeast quadrant of Quebec Avenue and 49th Avenue. The 1980 and 1987 aerial photographs indicate no change at the subject and adjacent properties with respect to the 1975 aerial photograph. Land use in the vicinity of the subject property was essentially residential to the west and south. Commercial warehouse -type buildings were present to the southeast and northwest. 3d City Directories: Versar reviewed several editions of the Polk's Minneapolis Suburban Directory for the immediate vicinity of the subject property, dated 1963, 1965, 1966, 1967, 1969, and 1970/1971, at the University of Minnesota's Wilson Library. The subject property address was not listed in the 1963 city directory. The remaining city directories indicated that "Nord & Frandsen Trucking" was listed at the subject property address from 1965 through 1969, and that "Nord Trucking" was listed in 1970/1971. 3e COY of New Hope: Information from the City of New Hope indicates that the building was constructed in 1962 and certified for occupancy in 1963. The subject property is zoned I -2, General Industrial District. Based on Versar's review of the building permit file for the subject property, the following prior land use information was obtained: Robbinsdale Transfer occupied the subject property in 1973. Business activities included hauling household goods. City Council Meeting Minutes, dated April 23, 1973, indicated that at least 24 tires were discarded in the ditch at the rear (to the north) of the subject property. The subject property was fenced on the west, east, and south. The parking area to the north of the building consisted of "oiled gravel." At the city council meeting, Mr. Jacobwith (owner of adjacent farmstead) reported no complaints in connection with land use activities at the subject property. Wayne's Auto & Truck Service was located at the subject property from at least June 1975 through January 1979. Land use included use of on -site building for repair garage. Received violation from the City of New Hope in 1976 for operating repair garage without a permit. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 8 Photographs of the subject property, dated April 19, 1977, indicate that the area to the north of the subject building was covered with scattered waste debris including concrete chunks, old tires, lumber scraps, paper, poly, etc. Violations issued by the City of New Hope included use of the subject property as an "auto wrecking yard" and for open storage of vehicles not being repaired. Northwest Delivery, a trucking company owned by Mr. Krohn, was located at the subject property in November 1979. Northwest Delivery occupied the on -site building for truck maintenance from 1979 through 1989. Violations were issued to Mr. Krohn in March 1988 for illegal storage of tires, pallets, inoperable vehicles, and miscellaneous other trash. D. RECORDS REVIEW AND INTERVIEWS Versar retained EDR to search 19 federal and 15 state environmental databases for listed sites at the subject or surrounding properties. The scope of the database search by EDR is in accordance with ASTM Standard Practice E1527 -97. Please refer to the EDR Radius Map with GeoCheckrm report, dated November 20, 1998, for a description of reviewed databases and specific search radii used. Discussion of pertinent issues based on review of the EDR report is presented below. DA Federal Records Versar retained EDR to search environmental databases maintained by the United States of America. The EDR report indicates that neither the subject property nor any adjacent properties were listed on any of the federal environmental databases within the specified searched distances. EDR documented that the Photo Control Corporation (Photo Control) site is listed on the Resource Conservation and Recovery Information System ( RCRIS) database, but was unable to map its location due to poor or inadequate address information. As a result of Versar's site reconnaissance, the location of the Photo Control facility was determined as being to the southeast and across the intersection of Quebec Avenue and 49th Avenue from the subject property. The EDR report provided no information regarding the presence or absence of hazardous waste violations at this facility. The RCRIS database includes selected information on sites that generate, store, treat, or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act. The RCRIS database is maintained by the USEPA, and is current as of January 1, 1998. Versar, Inc. December 17,1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 10 EDR documented that a petroleum storage tank release incident at the Wingate Apartments property was reported to the MPCA on October 27, 1993. The WCA issued a Petroleum Tank Release Site File Closure letter on June 14, 1994, for the petroleum storage tank release at the Wingate Apartments property. The letter issued by the MPCA is a standard letter which is issued for petroleum storage tank releases which have been successfully remediated, or release sites at which the contamination levels detected did not exceed site specific risk criteria for additional investigation or remedial activities. It does not indicate that the site is free of soil contamination. The site is located adjacent and upgradient from the subject property with respect to the published regional groundwater flow direction. Additional information for this site is presented in Section D.2.b, MPCA Tanks and Emergency Response. D.2.b MPCA Tanks and Emergency Response: Information provided by the 1VIPCA indicates that 30 cubic yards of soil was excavated at the Wingate Apartment property. Approximately 25 cubic yards of this total was thermally treated. Apparent groundwater was observed within the excavation at a depth of 8 to 10 feet BLS. It is not known whether the groundwater was evaluated at this site. A physical file review would be necessary to further evaluate whether the potential for groundwater contamination is a concern. No free product was reported. D.3 City of New Hope Versar reviewed the City of New Hope building permit file for the subject property to obtain additional information on the April 1993 petroleum or chemical spill. The City of New Hope Fire Chief and Fire Inspector visited the subject property and adjacent undeveloped lot to the north of the subject property on April 13, 1993. The fire department officials met with a representative of the WCA at the subject property on April 14, 1993. The source of the petroleum release was an AST which was located flush against the concrete wall at the southeast corner of the loading dock (currently located inside on -site building). Visible liquids observed at the base of the AST included "black oil or waste oil extending from the AST toward sewer grate and two pools of bright green antifreeze on each side of the loading dock." A photograph dated April 15, 1993 indicates that a large amount of absorbent material had been spread on the surface at the east side of the AST. Two additional areas of contamination reported by the fire department officials were designated as Dump #1 and Dump #2. Dump #1 was located "directly adjacent to the north side of the cyclone and barb wire fence on the Krohn truck repair parking lot. Fence top was damaged and pushed down next to oily sludge type material covering cut brush and branches and ground in a circle about 10 feet in diameter." A tractor located approximately 100 feet to the south was observed to have oily staining on the front loading bucket. Dump #2 consisted of contaminated soil and/or surface water that extended approximately 200 feet east and downstream from the discharge pipe in open ditches located adjacent and north of the subject property. The worst visible contamination was present in three small areas of standing water located downstream of the discharge pipe. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 11 A letter to Mr. Krohn from the Metropolitan Waste Control Commission (MWCC), dated June , 23, 1993, indicates that Mr. Krohn requested permission to dispose of approximately 400 gallons of contaminated water into the sanitary sewer on April 16, 1993. The letter indicates that contaminated water was present in three drainage ponds with the westernmost pond containing a layer of waste oil. Water from the two easternmost ponds was pumped directly into the sanitary sewer via a manhole. The MPCA was facilitating disposal of the waste oil - contaminated water. The MPCA issued a Spill Closure letter, dated July 7, 1993, based on cleanup actions performed in response to the referenced spill. The letter indicates that the following corrective actions were taken in response to the release: free oil was collected using sorbent pads; sorbent pads were disposed of through Determan Tank and Welding; contaminated soil was excavated and thin spread on -site. Copies of the MPCA and MWCC letter are provided in Appendix C. E. SITE RECONNAISSANCE E.1 General Information Site reconnaissance of the subject property and the surrounding area was conducted on November 30, 1998, by Mr. Timothy A. Buttram, a Versar Environmental Geologist. Versar's photographs of the subject and surrounding properties are included in Appendix D. Qualifications of Versar personnel involved in performing the Phase I ESA are presented in Appendix E. Refer to Figure 2, Site Map, for an illustration of general site features. The following on -site conditions and land use activities were noted during the site reconnaissance. E.2 On -site Land Use and Materials Chemical storage in the warehouse portion of the on -site building was observed to include one 55- gallon drum of Rotella -T 15W -40 motor oil fitted with a dispensing pump. Several one- to two -gallon capacity containers of motor oil and two 5- gallon gasoline containers were also present at the northeast corner of the warehouse area. Six cylinders of compressed welding gases were observed in the on -site building including carbon dioxide, oxygen, acetylene, and LP gas. An approximately 250 - gallon capacity AST was observed to the west and adjacent to the entrance door at the northeast portion of the on -site building's maintenance shop. Versar observed staining on the side and below the AST. Absorbent material had been spread beneath the AST to absorb past spillage. Mr. Ahrens reported that the AST is used to contain used oil and transmission fluid. Mr. Ahrens stated that used antifreeze is filtered and re -used in trucks. Approximately 200 to 250 gallons of waste fluids are reportedly generated on an annual basis. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 12 Several one - gallon containers of concentrated cleaner and degreaser (biodegradable, non- flammable) were also observed. The concentrated cleaners are used in a power washer to clean trucks and other equipment. A forklift truck was observed inside the warehouse space. A small area of oil spillage was observed on the concrete floor beneath the forklift truck due to an equipment part malfunction. Floor dry material was present to absorb the spilled fluids. Improvements to the interior of the warehouse area included two ceiling fans, two ceiling - mounted natural gas -fired space heaters, and fluorescent lighting. Interior finishing materials and improvements in the office area include painted sheetrock walls, 12 "x12" asphalt floor tiles, fluorescent lighting, and baseboard electric heat. The following conditions were not noted at the subject property: • Discolored or turbid surface water • Strong, pungent, or noxious odors • Pits, ponds, or waste disposal sites • Private septic systems or wells • Underground storage tank systems. Except as described above, the reconnaissance yielded no apparent recognized environmental condition related to current or previous on -site treatment, storage, disposal, generation or uncontrolled releases of hazardous substances or petroleum products. E.3 Surrounding Land Use Surrounding land use includes the Wingate Apartment complex to the west; single - family residential home to the south and across 49th Avenue; and commercial properties to the northwest, east, and southeast. Businesses located to the northwest in the warehouse -type buildings include Displaymasters, Inc., and Tri-Star Development. Navarre Corporation and an associated parking lot area is located to the east of the southern portion of the subject property. The Photo Control building is located to the southeast of the subject property. Undeveloped areas are located adjacent to the north boundary and the northern half of the east boundary. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 13 F. DISCUSSION AND CONCLUSIONS Versar has performed a Phase I ESA of the subject property in conformance with the scope and limitations of ASTM Standard Practice E1527 -97. Any exceptions to, or deletions from, this practice are described herein. Conclusions and recommendations included in this report are based on results of the records review, site reconnaissance, and interviews with the current owner /occupant, or representatives, and government officials. Results of the Phase I ESA have revealed evidence of recognized environmental conditions in connection with the subject property. Versar's interview with Mr. Ahrens indicated that a UST was formerly located north and adjacent to the northeast corner of the on -site building. To the best of his knowledge Mr. Ahrens reported that the UST previously contained used oil and was removed in 1986 or 1987. The presence of a former UST at the subject property represents a potential source of contamination for subsurface soils. Versar is not aware of the existence of either a written excavation report or soil chemistry analytical data for proper closure of the UST. According to the reviewed notes from an April 1973 city council meeting, the parking lot surface at the subject property consisted of "oiled gravel." This information suggests that waste oil or used oil was formerly applied to the unpaved parking lot surface in order to minimize dust generation. This was a common practice at the subject property during the early 1970s. The source and composition of the oil was not documented. The applied oil could have potentially contained heavy metals and/or polychlorinated biphenyls (PCBs). Application of potentially - contaminated oils to the unpaved surfaces at the subject property could represent a source of heavy metal, diesel range organic compounds, and PCBs to near surface soils through leaching by precipitation and other mechanisms. A documented petroleum spill was discovered at the subject property and adjacent undeveloped property by a City of New Hope fire official on April 13, 1993, Approximately 10 gallons of used oil and possible antifreeze was released from the bottom of the on -site AST at the southeast corner of the loading dock. The oil migrated along the southern (lowest) end of the loading dock and entered a storm sewer grate at the southwest corner of the loading dock. Most oil was apparently collected by absorbent material or removed from the loading dock was a front end loading tractor (from Fire Department's Pollution Event Log). Mr. Ahrens reported that the remaining oil was removed through steam cleaning. However, the potential exists that used oil, antifreeze, and other constituents of the waste fluid could have entered subsurface soils through cracks in the concrete or seams between the loading dock pavement and sidewalls. Versar, Inc. December 17, 1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 14 A linear drain in the maintenance shop and an access cover for an associated concrete sump were observed within the on -site building. Oil or other waste materials could potentially enter the linear drain and accumulate within the concrete sump. Depending on the construction of the sump, it potentially represents a conduit for migration of contaminants to the subsurface. Review of aerial photographs and prior inspection notes from the City of New Hope indicate that various waste materials have been disposed of at the north end of the subject property. Scattered surface debris and other items documented at the north side of the subject property have included concrete chunks, old tires, lumber scraps, plastic, paper, wood pallets, inoperable vehicles, and miscellaneous other trash. This information suggests that limited filling or disposal activities have occurred at shallow depths at the north end of the subject property. Based on Versar's review of the EDR environmental database report, a fuel oil storage tank release was discovered at the adjacent Wingate Apartment property. This property is located to the west and upgradient from the subject property with respect to the published regional groundwater flow direction. Based on information from the MPCA, approximately 25 cubic yards of contaminated soil was excavated from the Wingate Apartment property and thermally treated. Water was encountered within the tank basin at a depth of 8 to 10 feet BLS. Based on the published depth to groundwater of approximately 50 feet, the occurrence of shallow water at the Wingate Apartment site appears to represent a interval of saturated sediments "perched" above layer of impermeable sediments (i.e., clay). As the water observed in the basin was likely in direct contact with contaminated soil, the potential exists that a plume of contaminated water could impact the subject property. However, there is insufficient information on the location, thickness, and lateral extent of the perched water resource to be able to determine potential impacts to the subject property. A physical review of MPCA LUST incident files, in addition to a Phase II ESA, would be necessary to evaluate the issue. G. RECOMMENDATIONS Versar recommends that a Phase 11 ESA be conducted at the subject property in order to further evaluate the potential for contamination of subsurface soils. Identified sources of potential contamination include the locations of the former UST, concrete sump, the documented AST release. General areas of concern include the vicinity of possible filling or burial activities at the north end of the subject property and the parking lot area as related to application of used or waste oil. H. REFERENCES Aerial Photographs. 1954, 1956, 1960, 1967, 1971, 1975, 1980, and 1987; Borchert Map Library, University of Minnesota, Minneapolis, Minnesota, and 1962; City of New Hope, Building Inspections Section. Versar, Inc. December 17,1998 Phase I Environmental Site Assessment Versar Project Number: 4424.009 Norwest Bank Minnesota, N.A. Page 16 The data reported and the findings, observations, conclusions, and recommendations expressed in the report are limited by the Scope of Services, including the extent of subsurface exploration and other tests. The Scope of Services was defined by the requests of the Client, the time and budgetary constraints imposed by the Client, and the availability of access to the subject property. Because of the limitations stated above, the findings, observations, conclusions, and recommendations expressed by Versar in this report are limited to the information obtained and the investigations undertaken and should not be considered an opinion concerning the compliance of any past or current owner or operator of the subject property with any federal, state, or local law or regulation. No warranty or guarantee, whether express or implied, is made with respect to the data reported or findings, observations, conclusions, and recommendations expressed in this report. Further, such data, findings, observations, conclusions, and recommendations are based solely upon subject property conditions in existence at the time of investigation. LOA DISCHARGE POINT IN��� — XFENCE X i .. . X X GRASS �. — PARKED PARKED LICKS TRAILERS T .Jkl'1I3'1�RI�II�RS y , - •� ' '• ��;. 1 ;,: •�., . �:';,•� .:. i ; _' ::; UNDEVELOPED • a l l ) W i� 1. r .; �j I LL. q ''. ';' 'y FORME :.'.:',, .._... } LOCATION V' ,�,•.:r•• .... ..'..'.' " .'.', ".'.':.'.'.'.' a .: t t OF AST . '' , ; P; : :..PARKING'. c DRIVE -UP ... _ ! ; :.: ` ;; :..: .LOT ... or LOADING - :.:..... °. DOCK :. ' :•�� :.".':..:.:...: .. ; .• ,: LOADINOLL, i .�. �' ' :' :, •.:......'.'.'.':.:: �� : .....ORTED... • ' . DOCK ` -. r DRAIN LOCATtON'.OF 2 B —FOOT • '' FORMER'.'.'. s. ; •; ••r '' : " '�' uST' BASI �- ':' I PARKING 6 BAY DOORS , AREA z 5• fiAl:4�.' I 40 F00 .....'. :.: -: AS ..'.'. .ijl: PX4 LINEAR 7`AMIF.R': . ' " DRAIN .. k • • . ,'SURFACE.: : . '.:'.": NAVARRE ..:.:':.":.".". I CORPORATION NATURAL- 1.... GAS , : :.:... '.'.'.'.•.'.'.'." .:.. ....:.:.:.::. Y OFFICE ' 'ON ..... . .... . '..SUMP.:.. ....... . 12—FOOT '. :.'.." BAY DOOR :.' /' Q ::,:•:,:,: GRASS @ :' ELECTRIC j�' , _•; TREES : TREES METER , . , , , , UTILITY GRASS ... POLE 'r ... :. :.:.'..'. 49th AVENUE NORTH SINGLE FAMILY RESIDENTIAL I LEGEND' "•- ` SUBJECT PROPERTY BOUNDARY ® SUBJECT BUILDING CONCRETE ASPHALT I 1 f i 7 Appendix C MPCA and MWCC Letters Metropolitan Waste Control Commission s Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 -1633 612 222 -8423 June 23, 1993 Richard Krohn 7600 49th Avenue North New Hope, Minnesota RE: Special discharge approval Mr. Krohn, On April 16, 1993, you verbally requested the permission of the Metropolitan Waste Control Commission (MWCC) to dispose of approximately 400 gallons of contaminated water into the sanitary sewer. It was the Commission's understanding that the contaminated water, nearly 500 gallons total, was the result of a 10 gallon waste oil spill and the activities associated with its cleanup. The contaminated water was stared in three drainage ponds, with the most western lying pond containing a layer of waste oil. The requested discharge would dispose of the 400 gallons contaminated water appearing to contain only Con Kleen floor sweeping compound and water. After discussing the situation with Dorene FierTucker of the MPCA, reviewing Con Kleen's Material Safety Data Sheet, and conducting an on -site inspection by a MWCC staff member, the sanitary discharge request was granted. Water, from the two most eastern lying drainage ponds, was pumped directly into the sanitary sewer via a predetermined manhole. Several New Hope City employees were on hand in order to help facilitate the disposal of the 400 gallons of contaminated water. The MPCA will help facilitate the proper disposal of the waste oil contaminated water contained in the remaining drainage pond. If you have any questions regarding this letter, please feel free to contact me at 772 -7021. Sincerely, Nanette B. Geroux Staff Engineer Industrial Waste Division :nbg cc: Dorene FierTucker, MPCA Doug Sonstad, City of New Hope Equal OpportunitylAf irmadve Actlon Employer 3 0 July 7, 1993 - S Minnesota Pollution on Control Agency Mr. Richard Krohn 4060 North Trenton Lane Plymouth, Minnesota 55441 Dear Mr. Krohn: J JUL 9 1993 ' D RE: Waste Oil Spill Closure Site: 7600 - 49th Avenue North, New Hope Site ID #: Spill #17607 The Mipnesota Pollution Control Agency (MPCA) staff has determined that the cleanup performed in response to'the waste oil spill at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On April 13, 1993, a release was reported to the MPCA. Since then, the following corrective actions have been taken in response to the release: - Free oil was collected using sorbent pads. - Sorbent pads were disposed of through Determan Tank and Welding. - Contaminated soil was excavated and thinspread on -site. Based on the currently available information, we concur that these actions have adequately addressed the waste oil release. Therefore, MPCA staff does not intend to require any more investigation or cleanup work'in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Thank you for your cooperation with the MPCA in responding to protect the public health and the environment of the state of you have any questions regarding this correspondence, please 612/297 -8656. Sincerely, Dorene M. Fier - Tucker Spills /Aboveground "Tanks Unit Tanks and Spills Section Hazardous Waste Division DFT : baj cc: Doug Sandstead, City of New Hope John Lichter, B.A. Liesch Associates, Inc. this release to Minnesota. If call me at Cnn nrn.... ••.. O.1 C• o.,. .� AA" CCICC A4nA. icln% nna 47nn. Onn:....nl nrr:,.., -. f1..1. ". 0...:.....J f�... _..:• � .. �._- - "-- -�_�� PHASE H ENVIRONMENTAL SITE ASSESSMENT REPORT PRIVILEGED DOCUMENT RICHARD KROHN PROPERTY 7600 49TH AVENUE NORTH NEW HOPE, MINNESOTA Prepared for: Norwest Bank Minnesota, N.A. Mr. Donald Ahrens 7900 Xerxes Avenue South and 7600 49th Avenue North Bloomington, Minnesota New Hope, Minnesota Versar Project Number 4424.013 January 15, 1999 This document has been prepared in accordance with accepted scientific and engineering practices and procedures and Versar, Inc.'s Quality Assurance Program. Prepared by: 11 14/— %f — .9.9 Timothy A. Buttram Environmental Geologist Approved by d A. Tetley, P.G. 'nnes ota a Division Director PHASE H ENVIRONMENTAL SITE ASSESSMENT Date Date EXECUTIVE SUMMARY In accordance with written authorization on December 18, 1998, by Mr. Gerry Vidmar, Assistant Vice President of Norwest Bank Minnesota, N.A. ( Norwest), on behalf of Mr. Donald Ahrens; Versar, Inc. ( Versar) conducted a Phase II Environmental Site Assessment (ESA) of the (subject) property located at 7600 49th Avenue North in New Hope, Hennepin County, Minnesota. The purpose of the Phase II ESA was to document whether on -site soils have been contaminated at the subject property as the result of the referenced historic land use activities described in Versar's Phase I ESA report, dated December 17, 1998. The objective of the Phase II ESA is to satisfy the pre - acquisition "due diligence" requirements of Norwest prior to providing commercial financing to Mr. Ahrens for potential purchase of the subject property. The results of Versar's Phase II ESA and historical land use information from Versar's Phase I ESA suggest the presence of extremely biodegraded petroleum hydrocarbon compounds in soils collected from borings at the northern portion of the subject property. The presence of subsurface contamination is supported by the observation of petroleum or chemical odors by Versar on newly exposed soil surfaces; the detection of elevated organic vapor headspace readings; and visual observation of staining similar to that which is commonly associated with petroleum contaminated soils. Laboratory chemical analysis of soil samples for the presence of volatile organic compounds, total petroleum hydrocarbons (TPH) as diesel range organics (DRO), and TPH as gasoline range organics (GRO) indicated no detectable concentration of petroleum related compounds. This apparent contradiction suggests that petroleum hydrocarbons are present in on -site soils at concentrations below laboratory quantification limits. Information obtained during the Versar's Phase I ESA, suggests that the apparent contamination has possibly resulted from historic spillage or dumping of waste or used oils, or repeated application of such oils to unpaved parking lot surfaces for dust control. The results of the Phase H ESA also suggest that the apparent contaminants in soil have been significantly attenuated through natural processes, and do not appear to represent a risk to public health or the environment. The full extent of the subsurface contamination was not defined as a result of the Phase It ESA. Table of Contents Page EXECUTIVE SUMMARY ................................... ........ . - i A. INTRODUCTION ......... ............ . ...................... I A.1 Authorization . . . a . . ...... ...... . .. ............ 1 A.2 Site Description and Location. . ........ ...... . ............. 1 A.3 Background ...................... ............................. I A.4 Purpose and Objectives ............. ............................... 2 B. FIELD INVESTIGATION ....................... ........ ............. 3 B.1 Methods ............... .................................. . . . . . 3 B. 1. 1 Testing Locations .......... ............................... 3 B. 1. 2 Field Testing and Sampling .................................. 4 B. 1. 3 Soil Classification ............................. ...... . . . ., . 4 B.1.4 Soil Chemical Analysis ....... ............................... 5 B.2. Results .......................... .............................. B.2.1 Soil Lithology ............. ............................... 5 B.2.2 Field Organic Vapor Analysis ...... .... ...... ......... . . . . 5 B.2.3 Soil Chemical Analysis ....... ............................... 6 C. DISCUSSIONS AND CONCLUSIONS .................................... 7 D . RECOMMENDATIONS ........................................... ............... ............................... 7 E. REFERENCES .......................................... I ...... —1.18 F. STANDARD OF CARE ............. ........................ — 8 Figures Figure 1: Site Location Map Figure 2: Soil Boring Location Map Tables Table 1: Summary of Soil Samples Collected For Laboratory Chemical Analysis Table 2: Soil Field Monitoring and Laboratory Chemical Analysis Results Summary Appendices Appendix A: Standard Operating Procedures Appendix B: Versar, Inc. Drilling Logs Appendix C: Minnesota Department of Health - Well and Boring Sealing Record Appendix D: En Chem, Inc. Laboratory Analytical Report and Chain-of-Custody Records 11 INC A. INTRODUCTION A.1 Authorization In accordance with written authorization on December 18, 1998, by Mr. Gerry Vidmar, Assistant Vice President of Norwest Bank Minnesota, N.A. ( Norwest), on behalf of T& Donald Ahrens; Versar, Inc. ( Versar) conducted a Phase H Environmental Site Assessment (ESA) of the (subject) property located at 7600 49th Avenue North in New Hope, Hennepin County, Minnesota. A.2 Site Description and Location The subject property consists of an approximately one acre parcel of land developed with a 2,400 square foot (40 -feet by 60 -feet) on -site concrete block building and associated grass, asphalt - paved, and concrete -paved surfaces. The subject property is located immediately northwest of the intersection of Quebec Avenue North and 49th Avenue North in New Hope, Minnesota. The subject property is located in the SW/a of the NW' /a of Section 8, Township 118 North, Range 21 West in Hennepin County, Minnesota (from United States Geological Survey [USGS], 1993). The location of the subject property is indicated on Figure 1: Site Location Map. A.3 Background Results of Versar's December 1998 Phase I ESA report documented the following information regarding historical land use at the subject property: Information from state environmental databases and City of New Hope building permit file indicates that a petroleum spill was discovered at the subject and adjacent (undeveloped) property on April 13, 1993. City fire officials documented that off -site soil and surface water contamination was caused by a waste oil release from an on -site aboveground storage tank (AST) staged at the southeast corner of the loading dock area. An on -site underground storage tank (r ST) was previously located to the north and within approximately 10 to 20 feet of the northeast corner of the subject building. Mr. Ahrens reported that the UST was removed from the subject property in approximately 1986 or 1987. To the best of his knowledge, the UST contained waste motor oil. Review of historical aerial photographs and building permit file information indicated that various waste materials have been apparently disposed of on ground surfaces at the north side of the subject property: Documented waste materials included concrete chunks, old tires, lumber scraps, plastic, paper, wood pallets, vehicle storage (possibly inoperable vehicles), and other miscellaneous trash. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 2 City council meeting notes from April 1973 indicated that the parking lot surface at the subject property consisted of "oiled gravel." This suggests historic application of waste oils to unpaved parking areas usually applied for the purpose of minimizing dust generation. Repeated application or dumping of waste oils represents contamination of at least near surface soils. A 40 foot linear trench and associated concrete sump were observed in the subject building. The concrete sump is considered a potential conduit for migration of contaminants to the subsurface. AA Purpose and Objectives The purpose of the Phase I1 ESA was to document whether on -site soils have been contaminated at the subject property as the result of the referenced historic land use activities and features presented in Section A.3. The objective of the Phase H ESA is to satisfy the pre - acquisition "due diligence" requirements of Norwest prior to providing commercial financing to Mr. Ahrens for potential purchase of the subject property. The scope of services for the Phase H ESA included the following: Performance of up to eight soil borings with a hollow -stem auger (HSA) drilling rig for collection of soil samples; Field screening of retrieved soil samples for the presence of organic vapors was conducted with a Foxboro 128 flame ionization detector (FID) in accordance with Minnesota Pollution Control Agency (MPCA) soil vapor headspace procedures; If no evidence of soil contamination was observed at the subject property, laboratory chemical analysis was to be limited to the termination depth soil samples from the following borings (one soil boring in the vicinity of the subject building's concrete sewer sump [VST -01]; two soil borings in the vicinity of the former UST basin [VST -02 and VST -03]; and one soil boring near the former location of the on -site AST [VST -04]). E An additional soil sample would be collected for chemical analysis if any evidence of contamination was detected as determined by FID organic vapor measurement, visual evidence of soil staining, or chemical odor. The additional sample would be collected from an area which appears to be most heavily contaminated. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 3 If evidence of soil contamination was observed at any of the remaining soil borings, two soil samples would be submitted for laboratory chemical analysis. The intended collection depth for additional soil samples include both the termination depth and/or interval of highest apparent contamination; and Collected soil samples were submitted to fixed base laboratories for chemical analysis of Total Petroleum Hydrocarbons (TPH) as diesel range organics (DRO) by Wisconsin Department of Natural Resources (WDNR) DRO Modified Method; TPH as gasoline range organics (GRO) by WDNR GRO Modified Method; the Minnesota Department of Health (MDH) 465E list of volatile organic compounds (VOCs) by Method 5035; polychlorinated biphenyls (PCBs) by United States Environmental Protection Agency (USEPA) Method 8081; and Resource Conservation and Recovery Act (RCRA) metals. The chemical analysis parameters listed above are required by the MPCA in regard to the evaluation of waste oil releases from petroleum storage tanks. Collection of water samples is not included in the scope of services. Evaluation of collected data, and preparing a report presenting the methods, results, conclusions and recommendations regarding the findings. B. FIELD INVESTIGATION BA Methods B.1.1 Testing Locations: A total of six soil borings were advanced at the subject property on January 5, 1999. These borings were advanced for soil sample collection at those portions of the subject property determined through the Phase I ESA process to have the greatest potential for subsurface soil contamination. The locations were chosen by Versar in order to investigation the following sources or areas of potential soil contamination: the concrete sump; the former UST basin; the source area of the 1993 petroleum spill; oiled parking lot surfaces; and areas of possible waste oil and/or solid waste dumping. The location of the six Versar Standard Test (VST) boring locations is depicted on Figure 2, Soil Boring Location Map. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 4 B.1.2 Field Testing and Sampling: Versar retained Thein Well Company (TWC), of Clara City, Minnesota, to conduct subsurface drilling and split -spoon sampling activities. TWC performed the site investigation activities with a drill rig equipped with a 4.25 -inch inner diameter (ID) hollow stem auger. Soil samples were retrieved from the subsurface by lowering a 2.0 -inch ID, 24 -inch long, stainless steel split -spoon sampler through the 4.25 -inch ID HSA and advancing it into undisturbed soils with a pneumatic hammer. Split -spoon samples were collected at four discrete intervals between two feet below grade surface (BGS) to approximately 10 to 12 feet BGS. Where evidence of contaminated soil was encountered, the soil boring was advanced to a total depth of approximately 20 feet BGS with collection of additional split -spoon samples at intervals of 13 to 15 feet BGS and 18 to 20 feet BGS. The Standard Operating Procedures (SOP) followed by TWC and Versar during the drilling and soil sampling operations are presented in Appendix A. The SOPs provide a general outline of the methods followed by TWC and Versar during the performance of the field investigation. A total of 26 soil samples were retrieved from the 6 soil borings conducted at the subject property. Of the 26 collected soil samples, 8 samples were selected for off -site laboratory chemical analysis. Six soil samples originated from the termination depths of the completed soil borings. Two additional soil samples were selected from sampling intervals in borings VST -05 and VST -06 (the only borings which encountered apparent subsurface contamination), which exhibited the highest concentrations of organic vapors as measured with an FID or from intervals which exhibited other observable signs of contamination. Organic vapor measurements were conducted in accordance with field screening procedures described in the SOP attached in Appendix A. A summary of soil sample collection is presented on the Versar Drilling Logs provided in Appendix B and Table 1, Summary of Soil Samples Collected for Laboratory Analysis. Bore holes created during the field investigation were abandoned by TWC by backfilling the holes with neat cement to the ground surface. A copy of the MDH's Well and Boring Sealing Record is attached in Appendix C. B.1.3 Soil Classification: Retrieved soils obtained from the split -spoon samplers were classified in accordance with American Society for Testing and Materials (ASTM) Standard Practice D2487 Unified Soils Classification System, and ASTM Standard Practice D2488 Recommended Practice for Visual and Manual Description of Soils. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 5 B.1.4 Soil Chemical Analysis: A total of 8 soil samples were submitted to En Chem, Inc. (En Chem) fixed base laboratories in Madison and Green Bay, Wisconsin for chemical analysis. Soil samples were chemically analyzed for VOCs, TPH as DRO, TPH as GRO, RCRA metals, and PCBs. Upon collection of the soil samples for chemical analysis, the samples were labeled, placed in a cooler at 4 ° C, and delivered to a representative of En Chem under chain -of- custody for shipment to the respective laboratories. Copies of the completed chain -of- custody records is provided with the chemical analysis results in Appendix D. The TPH as DRO, TPH as GRO, and VOC analysis were performed by En Chem, of Green Bay, Wisconsin. Chemical analysis of soils for PCBs and RCRA metals was performed by En Chem of Madison, Wisconsin. B.2. Results B.2.1 Soil Lithology Six soil borings were advanced at the subject property with maximum termination depths of 12 to 20 feet BLS. Specific lithology of the collected geologic materials can be obtained through a review of Versar Drilling Logs presented in Appendix B. The majority of native soils encountered at the subject property consisted of unconsolidated deposits of moist sandy silt, clayey silt, and silty clay with soft to firm consistencies and low to medium plasticities. An area of concrete and mineral soil fill was encountered in boring VST -02 (the vicinity of the former UST basin) to a depth of approximately 4 feet BGS. Saturated conditions were not encountered to a depth of 20 feet BGS in the deepest soil boring, designated VST -05. B.2.2 Field Organic Vapor Analysis: With the exception of soil samples retrieved from borings VST -05 and VST -06, none of the soil samples retrieved from the remaining four soil borings exhibited organic vapors exceeding background concentrations in the ambient air. Of the 8 soil samples that exhibited elevated organic vapor concentrations, the two samples collected from 2 to 4 feet BGS in borings VST -05 and VST -06 had the highest organic vapor headspace concentrations of 90 parts per million (ppm) and 750 ppm, respectively. The field organic vapor monitoring results are provided on Table 2: Soil Field Monitoring and Laboratory Chemical Analytical Results Summary, and on Versar's Drilling Logs attached in Appendix B. Measured organic vapor concentrations decreased with depth in boring VST -05 to 50 ppm at 5 to 7 feet BGS, and 15 ppm at 8 to 10 feet BGS. No detected organic vapors were detected at 10 to 12 feet BGS. Organic vapor concentrations of 2 to 4 ppm were detected at the 13 to 15 foot and 18 to 20 foot sampling interval. Measured organic vapor concentrations also decreased with depth in boring VST -06 to 425 ppm at 5 to 7 feet BGS, and 50 ppm at 8 to 10 feet BGS. No detected organic vapors were detected in boring VST -06 at 10 to 12 feet BGS. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 6 B.2.3 Soil Chemical Analysis: One soil sample was retrieved for laboratory chemical analysis from the termination depth at each of the six soil borings. Two additional soil samples were collected from 2 to 4 feet BGS in boring VST -05, and 5 to 7 feet BGS in boring VST -06. These additional two samples were stained grayish -brown to greenish -gray or olive -gray, and exhibited a slight "petroleum type" chemical odor emanating from fresh soil surfaces. Possible petroleum odors were also reported by the driller during soil boring activities. The following information summarizes the findings presented within the laboratory chemical analytical report. Copies of the laboratory analytical reports and chain -of- custody records are provided in Appendix D. TPH as DRO, TPH as GRO, and PCBs were not detected in any of the 8 submitted soil samples at concentrations exceeding laboratory method detection limits. The laboratory method detection limits or quantification limits (EQL) for each parameter are presented in Appendix D. Inorganic metals detected in each of the 8 soil samples included arsenic, barium, and chromium. Arsenic was detected at an average concentration of 3.49 milligrams per kilogram (mg/kg) with concentrations ranging from 2.9 to 4.0 mg/kg. Barium was detected at an average concentration of 60.38 mg/kg with concentrations ranging from 42 to 77 mg/kg. Chromium was detected at an average concentration of 9.18 mg/kg with concentrations ranging from 7.5 to 11 mg/kg. The detected metal content is comparable in magnitude to published average concentration ranges for various Minnesota soils (Pierce et al., 1982). The low variation in metal concentrations and their uniform presence in the collected soil samples support the conclusion that they are naturally occurring in the soils present at the subject property. Acetone was detected in each of the 8 soil samples at concentrations ranging from 100 to 460 micrograms per kilogram ( mg/kg). However, information in En Chem's laboratory report indicates that suggests that these detections resulted from laboratory contamination and do not represent the actual presence of acetone in on -site soils. Phase H Environmental Site Assessment January 15, 1999 Richard Krohn Property Versar Project Number 4424.013 New Hope, Hennepin County, Minnesota Page 7 C. DISCUSSION AND CONCLUSIONS The results of Versar's Phase H ESA suggest the presence of extremely biodegraded petroleum hydrocarbon compounds in subsurface soils at boring locations VST -05 and VST -06, an area corresponding to the northern portion of the subject property. Although not confirmed by the laboratory analysis of soil samples for VOCs, TPH as DRO, or TPH as GRO, the presence of subsurface contamination is supported by the following three items: (i) driller reported "petroleum" odors during drilling activities and Versar observed slight "petroleum" type odor from newly exposed soil surfaces; (ii) measured organic vapor headspace readings detected at borings VST -05 and VST -06 ranged from 15 to 90 ppm and 50 to 750 ppm, respectively; and, (iii) soil samples observed from the upper intervals of borings VST -05 and VST -06 had distinct greenish and grayish staining commonly associated with petroleum contaminated soils. The apparent contradiction created by the presence of visual, olfactory, and direct reading measurement data which indicates evidence of contamination and the absence of supporting laboratory analytical data suggests that compounds specific to petroleum products are either present at concentrations below En Chem's stated quantification limits and/or were not included as part of the VOC list of analytes. Petroleum hydrocarbon products contain many organic compounds of which only a small fraction are actually evaluated for contamination evaluation. The lack of detection of "non- petroleum" compounds and land use history information essentially "rules out" or at least minimizes the probability of other contaminant types being the cause of the contamination documented during field activities. Information obtained during the Phase I ESA, suggests that the apparent contamination has resulted from historic spillage or dumping of waste or used oils, or repeated application of such oils to unpaved parking lot surfaces for dust control. However, the absence of detected concentrations of TPH as DRO, TPH as GRO, and VOCs suggest that the presence of petroleum hydrocarbons at boring locations VST -05 and VST -06 represent de minimis concentrations and are likely sufficiently degraded to concentrations less than the EQL. The results of the Phase H ESA suggest that the apparent contaminants have been significantly attenuated through natural processes, and as a result, does not appear to represent a risk to public health or the environment. The fitll extent and magnitude of the subsurface contamination was not defined as a result of the Phase II ESA. D. RECOMMENDATIONS Based on Versar's understanding of the pre- acquisition requirements of Mr. Ahrens and Norwest, no further investigative or remedial actions appear to be warranted at the subject property at this time. However, the full extent and magnitude of the subsurface contamination has not been defined. If it becomes necessary to determine the extent and magnitude of the subsurface contamination, a remedial investigation involving soil and groundwater sampling would be necessary. Phase II Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 8 E. REFERENCES Pierce, F.J., RH. Dowdy, and D.F. Grigal, 1982. Concentrations of six trace metals in some major Minnesota soil series. Journal of Environmental Quality. Volume 11, Number 3, pages 416 -422. Versar, Inc., December 17, 1998. Phase I Environmental Site Assessment, Richard Krohn Property, 7600 49th Avenue North, New Hope, Minnesota. Versar Project Number 4424.009. Hopkins, Mnnesota. F. STANDARD OF CARE The data presented and the opinions expressed in this report are qualified as follows: The sole purpose of the investigation and of this report is to assess the physical characteristics of the Subject Property with respect to the presence or absence of oil or hazardous materials and substances in the environment as defined in the applicable state and federal environmental laws and regulations and to gather information regarding current and past environmental conditions at the Subject Property. Versar derived the data in this report primarily from visual inspections, examination of records in the public domain, interviews with individuals with information about the Subject Property, and a limited number of subsurface explorations made on the dates indicated. The passage of time, manifestation of latent conditions, or occurrence of future events may require further exploration at the Subject Property, analysis of the data, and reevaluation of the findings, observations, conclusions, and recommendations expressed in the report. In preparing this report, Versar has relied upon and presumed accurate certain information (or the absence thereof) about the Subject Property and adjacent properties provided by governmental officials and agencies, the Client, and others identified herein. Except as otherwise stated in the report, Versar has not attempted to verify the accuracy or completeness of such information. The data reported and the findings, observations, conclusions, and recommendations expressed in the report are limited by the Scope of Services, including the extent of subsurface exploration and other tests. The Scope of Services was defined by the requests of the Client, and the availability of access to the Subject Property. Phase H Environmental Site Assessment Richard Krohn Property New Hope, Hennepin County, Minnesota January 15, 1999 Versar Project Number 4424.013 Page 9 Because of the limitations stated above, the findings, observations, conclusions, and recommendations expressed by Versar in this report are limited to the information obtained and the surface and subsurface investigation undertaken and should not be considered an opinion concerning the compliance of any past or current owner or operator of the Subject Property with any federal, state, or local law or regulation. No warranty or guarantee, whether express or implied is made with respect to the data reported or findings, observations, conclusions, and recommendations expressed in this report. Further, such data, findings, observations, conclusions, and recommendations are based solely upon Subject Property conditions in existence at the time of investigation. This report has been prepared on behalf of the Client, and is subject to and issued in connection with the Agreement and the provisions thereof. 1 s s 0 d LOADING DOCK DRAIN ----_� DISCHARGE POINT • FENC -x - -X -•4- - -X X - - -X---- _.x.-_- - GRASS PARKED + VST -5 TRUCK . AMD , TR.AI4,ERS, • , ' 4 o fe A s . Ld "z . . . . . . . . . °i e A z Lai {• • LA- FORMER LOCATION a I OF AST a a .. • ' .° • ..• •- . . . . . . . . . . e. W ....PARKING'-'• a- .........LOT... ' i o= DRIVE —UP I e .• °' LOADING z DOCK EP.ORTED .'. I LOADINGd LO'GATtOtJ . OF. ; • : i DOCK DRAIN .e .t :.2 'FOR)AE.R'. a .. S. ' 4 2 8—FOOT--- • . -t :........... .. BAY DOORS •.•� 55' - GALL6 . ` { 3 40 FOOT .....r� AST ...."D0Lfj.... ........ LIN DRAIIN I l • ..... / .. :.STAI .SURF A ..:..'.:....:.:. . ..:ACE NATURAL i •...;. CONCRETE GAS w.'.'.'.'.'. SU AP ............. . ..... l OFFICE I'. .'....'.' ..................... Q _ VST.. 1 ................... ' ....... l... �y .:...'.'.:.:.., 12 —FOOT BAY DOOR .. �'.. GRASS ELECTRIC / ....:. TREES TREES METER UTILITY ...l'.'.'...'.... GRASS POLE :.�...:.:.:..:.'.'.:.:. 49th A� /ENUE NORT LEGEND: SINGLE F"A: "�,IL.Y RESIDENTIAL - K- M°- SUBJECT PROPERTY BOUNDARY ILLIJ SUBJECT BUILDING Richard Krohn Pro CAp M.M. JDAM 01 f , ... A.1 CONCRETE - T.B. SmE:N: ASPHALT vet m VST -1+ SOIL BORING 200 W MBARD. R L T. S -PARKED TRAILERS UNDEVELOPED PARKING AREA NAVARRE CORPORATION TABLE -1 SUMMARY OF SOIL SAMPLES COLLECTED FOR LABORATORY ANALYSIS PHASE II ENVIRONMENTAL SITE ASSESSMENT 7600 49TH AVENUE NORTH NEW HOPE, MINNESOTA Soil Date Soil LfeetpBGSI e Depth Reason for Analysis Boring ID Complete Sample ID VST -01 01 -05 -99 VST -01 -12 10 -12 Sample from termination of boring; no evidence of contamination above VST -02 01 -05 -99 VST -02 -12 10 -12 Sample from termination of boring; no evidence of contamination above VST -03 01 -05 -99 VST -03 -12 10 -12 Sample from termination of boring; no evidence of contamination above VST -04 01 -05 -99 VST -04 -12 10 -12 Sample from termination of boring; no evidence of contamination above VST -05 101-05-99 1 VST -05 -04 1 2 -4 Stained soil observed. Highest organic vapor headspace measured for boring = 90 ppm. VST -05 01 -05 -99 VST -05 -20 18 -20 Sample from termination of boring VST -06 01 -05 -99 VST -06 -07 5 -7 Second highest organic vapor headspace for boring = 425 ppm. VST -06 01 -05 -99 VST -06 -12 10 -12 Sample from termination of borin TABLE - 2 SOIL FIELD MONITORING AND LABORATORY CHEMICAL ANALYSIS RESULTS SUMMARY PHASE II ENVIRONMENTAL SITE ASSESSMENT 7600 49TH AVENUE NORTH NEW HOPE, MINNESOTA s� Soil Boring Name Sample ID Sample Depth Soil Vapor Headspace Detected Chemical Number (feet bgs) Parameters VST -0 1 VST -01 -04 2 -4 ND For VST -01 -12: As= VST -0 1 -07 5 -7 ND 4.0 mg/kg, Ba =65 VST -01 -10 8 -10 ND mg/kg; Cr- 11 mg/kg; VST- 01 -12* 10 -12 ND acetone= 100 pg/kg VST -02 VST -02 -04 2 -4 ND For VST -02 -12: As= VST -02 -07 5 -7 0.5 ppm 3.6 mg/kg; Ba= 62 VST -02 -10 8 -10 ND mg/kg; Cr- 8.0 mg/kg, VST -02 -12* 10 -12 ND acetone= 460 µg/kg VST -03 VST -03 -04 2 -4 ND For VST -03 -12: As= VST -03 -07 5 -7 ND 2.9 mg/kg; Ba= 68 VST -03 -10 8 -10 ND mg/kg; Cr- 9.7 mg/kg, VST -03 -12* 10 -12 ND acetone= 210 µg/kg VST -04 VST -04 -04 2 -4 0.5 ppm For VST -04 -12: As= VST -04-07 5 -7 ND 3.9 mg/kg; Ba= 77 VST -04 -10 8 -10 ND mg/kg; Cr- 9.2 mg/kg; VST -04 -12* 10 -12 ND acetone= 210 µg/kg VST -05 VST -05 -04* 2 -4 90 ppm For VST -05 -04: As= VST -05 -07 5 -7 50 ppm 3.1 mg/kg; Ba= 51 VST -05 -10 8 -10 15 ppm mg/kg; Cr- 10 mg/kg; VST -05 -12 10 -12 ND acetone= 160 µg/kg VST -05 -15 13 -15 2 -3 ppm For VST -05 -20: As= VST -05 -20* 18 -20 3 -4 ppm 3.4 mg/kg; Ba= 68 mg/kg; Cr— 8.0 mg/kg; acetone= 210 pg/kg VST -06 VST -06 -04 2 -4 750 ppm For VST -06 -07: As= VST -06 -07* 5 -7 425 ppm 3.0 mg/kg; Ba= 42 VST -06 -10 8 -10 50 ppm mg/kg; Cr- 7.5 mg/kg; VST- 06 -12* 10 -12 ND acetone= 230 gg/kg For VST -06 -12: As= 4.0 mg/kg; Ba= 50 mg/kg; Cr- 10 mg/kg; acetone= 200 * = Submitted for laboratory chemical analysis. bgs = below ground surface ND = No Detected organic vapor headspace mg/kg = milligrams per kilogram µg/kg = micrograms per kilogram ppm = parts per million (OVA measurement units) Appendix B Versar Drilling Logs VkhrAlar. DRILLING LOG HOLE NO 'VST -01 NAME Versar, Inc. Thein Well Company CF EET 1 SHEETS2 PROJECT Phase II ESA - Richard Krohn Property LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota NAME OF DRILLER MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILLING HOLE LOCATION 10 ft. N. and 13.75 ft. E. of SE bldg. corner. g AND SAMPLING EQUIPMENT SURFACE ELEVATION Hollow Stem Auger Drill Rig 2" ID SS Split Spoon Sampler DATE STARTED O1 -OS -99 DATE COMPLETED 01 -05-99 Foxboro OVA 128 FID OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO WATER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE OTHER WATER LEVEL MEASUREMENTS (SPECIFY) 12 feet GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 1 1 1 1 1 % DISPOSITION OF HOLE BACKFILLED MONITORING WELL OTHER (SPECIFY) SIGNATURE OF SPECTO, -,-- -+ X • `-- FIELD GEOTECH ANALYTICAL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO_ Asphalt surface layer HS= Soil J Vapor Head - 1 space. Background Conc. =0 2 From 2 to 4 feet: HS =O Recovery =23 inctr Sandy silt (ML) with trace medium - to very coarse- grained sand and silt; moist, low dry 3 strength, soft consistency, trace root fibers, 4 5 From 5 to 7 feet: HS =O Recovery= 20 inch Clayey silt (CL) with less than trace coarse sand and fine gravel, slight plasticity, moist, 6 low dry strength, soft, light yellowish brown. 7 8 From S to 10 feet: HS =O Recovery =21 inch. Silty clay (CL) with trace coarse- grained sand to fine- grained gravel, medium plasticity, 9 moist, very soft, medium brown with light orange oxidation 10 W INKCrNaR. DRILLING LOG HOLE NO. VST-01 PROJECT INSPECTOR SHEET Phase II ESA ESA /New Hope,MN Tim Buttram CF 2 SHEETS2 FIELD GEOTECH ANALYTICAL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. t 10 From 10 to 12 feet: HS =O VST -01- Recovery=24 inch. Silty clay (CL). Same as above at 8 -10 12 (soil) foot interval. 11 j 12 End of Boring at 12 feet BGS. 13 i 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INCrNarl.- DRILLING LOG HOLE NO VST-02 i COMPANY NAME Versar, Inc. Thein Well Company CF CF 1 SHEETS2 PROJECT Phase II BSA - Richard Krohn Pro I perry LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota f NAME OF DRILLER I MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILLING HOLE LOCATION 14.25 ft. N. of NE bld corner. g AND SAMPLING EQUIPMENT SURFACE ELEVATION Hollow Stem Auger Drill Rig 2" ID SS Split Spoon Sampler DATE STARTED 01 -05-99 DATE COMPLETED 01 -05-99 Foxboro OVA 128 FID i OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO WATER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE OTHER WATER LEVEL MEASUREMENTS (SPECIFY) 12 feet GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 1 1 1 1 1 % DISPOSITION OF HOLE BACKFILLED MONITORING WELL OTHER (SPECIFY) SIGNATURE OF WSPECTOR X FIELD GEOTECH ANALY - n L BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. Concrete surface layer HS= Soil Vapor Head - 1 space. Background Conc. =0 2 From 2 to 4 feet: HS =O Recovery =8 inch Silty clay (CL) to very fine sandy clay (CL); moist, low plasticity, very soft consistency, 3 med. to dark brown. Refusal at 3.5 ft. Fill. 4 Concrete fill at 3.5 -4.5 ft. BGS. 5 From 5 to 7 feet: HS =0.5 ppm Recovery =9 inch Silty clay (CL) to Clayey silt (ML), low Rock pushed, poor plasticity, moist, soft, medium brown. recovery. 6 7 8 From 8 to 10 feet: HS =O Recovery =24 inch. Silty clay (CL) with trace very coarse- grained sand to fine- grained gravel (quartz sand and 9 gravel), medium plasticity, moist, firm, medium olive brown with some reddish -brown oxidation traces 10 IftrAlFa . DRILLING LOG HOLE NO. VST -02 PROJECT INSPECTOR SHEET Phase II ESA ESA /New Hope,MN Tim Buttram 0= 2 SHEETS2 FIELD OEOTECH ANALYTICAL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. 10 From 10 to 12 feet: HS =O VSl' -02- Recovery =24 inch. Silty clay (CL). Firm consistency, Reddish 12 (soil) brown oxidation halos around gravel. 11 Otherwises, same as above at 8 -10 ft. 12 End of Boring at 12 feet BGS. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l x Wriffarxrc DRILLING LOG -7 HOLE NO VST -03 COMPANY NAME Versar, Inc. Thein Well Company CF EET I SHEETS2 PROJECT phase II ESA - Richard Krohn Property LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota NAME OF DRILLER MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILUNG HOLE LOCATION AND SAMPLING EQUIPMENT 30.75 ft. N. and 1 ft. E. of NE bldg. corner. Hollow Stem Auger Drill Rig SURFACE ELEVATION 2" ID SS Split Spoon Sampler DATE STARTED Ol -OS -99 DATE COMPLETED 01 -05 -99 Foxboro OVA 128 FID i OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO VIfr1TER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE OTHER 1N4TER LEVEL MEASUREMENTS (SPECIFY) 12 feet GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 1 1 1 1 1 ` DISPOSITION OF HOLE KFILLED MONITORING WELL OTHER (SPECIFY) SIG � E OF IbMPECTO X FIELD GEOTECH ANALY - n L BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. Topsoil. HS= Soil Vapor Head - 1 space. Background Conc. =0 2 From 2 to 4 feet: HS =O Recovery =24 i nc Clayey silt (ML) with trace coarse grained sand and fine gravel, moist, firm, slight plasticity, 3 medium brown. 4 5 From 5 to 7 feet: HS =O Recovery= 24 inch Sandy day to silty day (CL), with little fine to medium sand, low piasiicity, moist, soft to 6 firm, medium brown. 7 8 From 8 to 10 feet: HS =O Sandy silty clay (CL) to Silty clay (CL) with y = Recover 24 inch. little to some fine sand; low plasticity, moist, 9 soft to firm, medium brown with areas of light orange oxidation. 10 '•L'rJUM DRILLING LOG HOLE NO. VST -03 PROJECT INSPECTOR SHEET Phase II ESA ESA /New Hope,MN Tim Buttram CF 2 SHEETS2 FIELD GEOTECH ANALYTICAL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS ' RESULTS NO. NO. 10 From 10 to 12 feet: HS =O VS1'-03- Recovery=24 inch. Silty clay (CL); medium to high plasticity, 12 (soil) ` moist, soft to firm, tan with light to med. 11 reddish orange oxidation. 12 End of Boring at 12 feet BGS. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRILLING LOG HOLE NOVST-04 COMPANY NAME Versar, Inc. Thein Well Company SHEET 1 CF SHEETS PROJECT Phase II ESA - Richard Krohn Pro Property LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota I NAME OF DRILLER MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILLING HOLE LOCATION AND SAMPLING EQUIPMENT r 30.75 ft. N. and 1 ft. E. of NE bldg. corner. Hollow Stem Auger Drill Rig SURFACE ELEVATION 2" ID SS Split Spoon Sampler DATE STARTED DATE COMPLETEDOl -OS -99 Foxboro OVA 128 FID OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO WATER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE 12 feet OTHER WATER LEVEL MEASUREMENTS (SPECIFY) GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 1 1 1 1 1 ` DISPOSITION OF HOLE BACKFILLED MONITORING WELL OTHER (SPECIFY) SIGNATURE OF INSP CTOR X FIELD GEOTECH ANALYTIC XL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. Concrete surface layer. HS= Soil Vapor Head - 1 space. Background Conc. =0 2 From 2 to 4 feet: HS =0.5 ppm Recovery =24 inch Silty clay (CL) with trace medium - to coarse - grained sand, moist, medium plasticity, medium i 3 orange oxidation and tan to medium brown. 4 " 5 From 5 to 7 feet: HS =O Recovery= 24 inch Silty Clay (CL) with little coarse sand and trace fine gravel, medium plasticity, moist, firm„ 6 tan with light to med. re(idish brawn oxidation 7 8 From 8 to 10 feet: HS =O Silty Clay (CL) with trace medium to coarse Recovery =24 inch. sand and trace gravel, moist, firm, medium 9 plasticity, medium brown. 10 DRILLING LOG HOLE NOVST -05 COMPANY NAME Versar, Inc. Thein Well Company SHEET 1 3HEET32 PROJECT Phase II ESA - Richard Krohn Property LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota NAME OF DRILLER MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILLING AND SAMPLING EQUIPMENT HOLE LOCATION 19.5 ft. S. and 89.5 ft. W. of NE fence corner. Hollow Stem Auger Drill Rig SURFACE ELEVATION 2" ID SS Split Spoon Sampler DATE STARTED Ol -OS -99 DATE COMPLETED 01-05-99 Foxboro OVA 128 FID OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO WATER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE 12 feet OTHER WATER LEVEL MEASUREMENTS (SPECIFY) GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 I SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 1 1 1 1 1 % DISPOSITION OF HOLE BACKFILLED MONITORING WELL OTHER (SPECIFY) SIGNATURE OF SPEC X FIELD GEOTECH ANALYTI AL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. Topsoil. HS= Soil Vapor Head - 1 space. Background Conc. =0 2 From 2 to 4 feet: HS =90 ppm Recovery = 20 i nc Sandy Clay to Silty Clay (CL); moist, soft to firm, medium plasticity, little to no observed odor, VST -05- 3 grayish -brown to olive -gray with areas of 04 (soil) greenish staining. 4 5 From 5 to 7 feet: HS =50 ppm Recovery= 20 inch Silty Clay (CL) with little medium to coarse grained sand and trace fine gravel, moist, firm, 6 light brown to greenish gray. 8 From 8 to 10 feet: HS 15 ppm Silty or Fine Sandy Clay (CL) with trace — y _ Recover 24 inch. medium to coarse sand, moist, soft to 9 firm, medium plasticity, medium brown with some reddish brown oxidation 10 INCrNMr. DRILLING LOG HOLE NO. VST-05 PROJECT INSPECTOR SHEET Phase II BSA BSA /New Hope,MN Tim Buttram 0= 2 SHEET52 FIELD GEOTECH ANALYTICAL BLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. 10 From 10 to 12 feet: HS =O Reoovery =24 inch. Silty Clay (CL). Same as above at 8 to 10 foot interval. 11 12 HS =2 -3 ppm 13 Recovery =24 inch. From 13 to 15 feet: Silty Gay (CL). Same as at 8 to 10 foot interval except firmer consistency and 14 less oxidation. 15 16 17 18 From 18 to 20 feet: HS =3-4 ppm Recovery =24 inch. Clayey silt (ML); stiff to very stiff, low plasticity, moist, dark brown. 19 VST -05- 20 (soil) 20 End of Boring at 20 feet BGS. 21 22 23 24 25 26 27 28 IffiC Nar.. DRILLING LOG HOLE NOVST -06 I COMPANY NAME Versar, Inc. Thein Well Company CF CF 1 SHEETS2 PROJECT Phase II BSA - Richard Krohn Property LOCATION 7600 49th Ave. N., New Hope, Hennepin Co., Minnesota i NAME OF DRILLER MANUFACTURER'S DESIGNATION OF DRILL N/A SIZES AND TYPE OF DRILLING HOLE LOCATION AND SAMPLING EQUIPMENT' 45.5 ft. S. and 69.75 ft. W. of NE fence corner. Hollow Stem Auger Drill Rig SURFACE ELEVATION 2" ID SS Split Spoon Sampler DATE STARTED 01 -05 -99 DATE COMPLETED 01 -05 -99 Foxboro OVA 128 FID I OVERBURDEN THICKNESS N/A DEPTH GROUNDWATER ENCOUNTERED Not encountered DEPTH DRILLED INTO ROCK 0 DEPTH TO WATER AND ELAPSED TIME AFTER DRILLING COMPLETED TOTAL DEPTH OF HOLE 12 feet OTHER WATER LEVEL MEASUREMENTS (SPECIFY) GEOTECHNICAL SAMPLES DISTURBED UNDISTURBED TOTAL NUMBER OF CORE BOXES 0 0 SAMPLES FOR CHEMICAL ANALYSIS VOC 465E RCRA METALS TPH as GRO TPH as DRO PCBs TOTAL CORE RECOVERY 2 2 2 z % DISPOSITION OF HOLE BACKFILLED MONITORING WELL OTHER (SPECIFY) SIGNATURE OF INSPECTOR X FIELD GEOTECH ANALYTIC4 BLOW j ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS REMARKS RESULTS NO. NO. Concrete surface layer. HS= Soil Vapor Head- 1 space. ( Background Conc. =0 2 From 2 to 4 feet: HS=750 pprr Recovery =8 inch Clayey Silt (ML); moist, firm, slight "petroleum" Not Sampled due to low odor, dark brown. soil volume. I 3 4 5 From 5 to 7 feet: HS =425 pprr VST -06- Recovery =24 inch Clayey Silt or Clayey Fine Sand (ML); moist, 07 (soil) soft, medium brown. 6 7 ^ 8 From 8 to 10 feet: HS =50 ppm Silty or Fine Sandy Clay (CL) with trace Recovery =24 inch. medium to coarse sand, moist, firm, medium 9 plasticity, medium brown. 10 DRILLING LOG PROJECT INSPECTOR } Phase II BSA ESA /New Hope,MN Tim Buttram FIELD GEOTECH ANALYTICAL SLOW ELEV. DEPTH DESCRIPTION OF MATERIALS SCREENING SAMPLE SAMPLE COUNTS RESULTS NO. NO. .i 10 From 10 to 12 feet: HS =O VST-0b- Silty or Fine Sandy Clay (CL). Same 12 (soil) 11 as above at 8 to 10 feet. 12 End of Boring at 12 feet BGS. 13 14 i 15 16 17 18 19 20 I W .I 21 22 23 �y 24 25 26 I 27 28 HOLE NO. VST-06 SHEET CF . 2 SHEETS2 REMARKS Recovery =24 inch. Boring activities due to darkness Eff-i m Data Environmental Resources, Inc. "Linking Technology with Tradition" Sanborn@ Map Report Ship to: Gary Rathbun STS Consultants, Ltd. 10900 73rd Avenue North Maple Grove, MN 55369 1051667SMI 763-315-6300 Order Date: 8/19/2002 Completion Date: 08/20/2002 Inquiry M 833594.2S P.O. #: NA Site Name: Property Address: 7600 49th Avenue North City /State: New Hope, MN 55428 Cross Streets: This document reports that the largest and most complete collection of Sanborn fire insurance maps has been reviewed based on client - supplied information, and fire insurance maps depicting the target property at the specified address were not identified. NO COVERAGE All maps provided pursuant to a Sanborn@ Map Report are currently reproducible of fire insurance maps owned or licensed by Environmental Data Resources, Inc. NO WARRANTY, EXPRESSED OR IMPLIED IS MADE WHATSOEVER. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLA THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO ACCURACY, VALIDITY, COMPLETENESS, SUITABLITY, CONDITION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE REPORT, THE MAPS, THE INFORMATION CONTAINED THEREIN, OR THE RESULTS OF A SEARCH OR OTHERWISE. ALL RISK IS ASSUMED BY THE USER. Environmental Data Resources, Inc. assumes no liability to any party for any loss or damage whether arising out of errors or omissions, negligence, accident or any other cause. In no event shall Environmental Data Resources, Inc., its affiliates or agents, be liable to anyone for special, incidental, consequential or exemplary damages. Copyright 2002, Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format of any map of Environmental Data Resources, Inc. (whether obtained as a result of a search or otherwise) may be prohibited without prior written permission from Environmental Data Resources, Inc. Sanborn and Sanborn Map are registered trademarks of Environmental Data Resources, Inc. ®;Environmental EER: Data Resources, Inc. The EDR Radius Map Report Property 7600 49th Avenue North New Hope, MN 55428 Inquiry Number: 833594.1s August 19, 2002 The Source For Environmental Risk Management Data 3530 Post Road Southport, Connecticut 06890 Nationwide Customer Service Telephone: 1- 800 - 352 -0050 Fax: 1- 800 - 231 -6802 Internet: www.edrnet.com EXECUTIVE SUMMARY CERC- NFRAP---- -- --- - - - --- CERCLIS No Further Remedial Action Planned CORRACTS_________________ Corrective Action Report RCRIS- TSD ------------------ Resource Conservation and Recovery Information System RCRIS- LQG ----------------- Resource Conservation and Recovery Information System ERNS--- --- ------- ----- - -- - -. Emergency Response Notification System STATE ASTM STANDARD SWF /LF---------------- - -- --. Permitted Solid Waste Disposal Facilities FEDERAL ASTM SUPPLEMENTAL CONSENT- ------ -- ---- - - - --- Superfund (CERCLA) Consent Decrees ROD___ _____ _______ ____ ______ Records Of Decision Delisted NPL- -------- ---- -- National Priority List Deletions FINDS---- -- -------- --- --- - -- Facility Index System /Facility Identification Initiative Program Summary Report HMIRS___ _____ __ ____ _________ Hazardous Materials Information Reporting System MLTS__ __________ ____ __ _ _ ____ Material Licensing Tracking System MINES____ __ ____ _____________ Mines Master Index File NPL Liens______ ___ ___ _____ __ Federal Superfund Liens PADS______ __ ________________ PCB Activity Database System RAATS_____ ____ __ ____ _______ RCRA Administrative Action Tracking System TRIS_ __ ___ _____________ _ _ _ _ __ Toxic Chemical Release Inventory System TSCA_ __ _______________ _ _ _ _ __ Toxic Substances Control Act SSTS________ ___ _________ _ _ __ Section 7 Tracking Systems FTTS_______ ___ ______________ FIFRA/ TSCA Tracking System- FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) STATE OR LOCAL ASTM SUPPLEMENTAL MN HWS Permit ------------ Active TSD Facilities MN Deleted SHWS ----------- Permanent List of Priority Deletions MN LCP____ _____ ____________ Closed Landfills Priority List MN Enforcement ----------- Generators Associated with Enforcement Logs BULK___ _____________ _ _ _____ Bulk Facilities Database MN AGSPILLS--------------- Department of Agriculture Spills EDR PROPRIETARY HISTORICAL DATABASES Coal Gas___ __ _______________ Former Manufactured Gas (Coal Gas) Sites SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified. Elevations have been determined from the USGS 1 degree Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. EDR's definition of a site with an elevation equal to the target property includes a tolerance of +/- 10 feet. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property (by more than 10 feet). Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan.) sites are not considered in the foregoing analysis. TC833594.1s EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY FEDERAL ASTM STANDARD RCRIS: The Resource Conservation and Recovery Act database includes selected information on sites that generate, store, treat, or dispose of hazardous waste as defined by the Act. The source of this database is the U.S. EPA. A review of the RCRIS -SQG list, as provided by EDR, and dated 06/10/2002 has revealed that there are 3 RCRIS -SQG sites within approximately 0.25 miles of the target property. Equal /Higher Elevation Address QUEBEC AVE N 4916 WINNETKA AVE N 4948 WINNETKA AVE N Dist I Dir Map ID Page 118-114S 8 11 118 - 114 IN 9 12 1/8 - 1 /4W 10 12 PHOTO CONTROL CORP DISPLAYMASTERS INC EXHIBITGROUP GILTSPUR STATE ASTM STANDARD SHWS/PLP: The State Hazardous Waste Sites records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. The data come from the Minnesota Pollution Control's Superfund Permanent List of Priorities. A review of the SHWS list, as provided by EDR, has revealed that there is 1 SHWS site within approximately 1 mile of the target property. Equal/Higher Elevation Address Dist / Dir Map ID Page ELECTRONIC INDUSTRIES, INC. 1)2-1 S 16 22 MN VIC: This is the Minnesota Pollution Control Agency's Voluntary Investigation and Cleanup Program list. A review of the MN VIC list, as provided by EDR, and dated 07/05/2002 has revealed that there are 3 MN VIC sites within approximately 0.5 miles of the target property. EquaUHigher Elevation Address Dist / Dir Map ID Page WINNETKA AVENUE PROPERTY 5121 WINNETKA AVE. N 1/4 -1 /2NW C12 13 Not reported 5121 WINNETKA AVE N 114 - 112NW C13 15 NEW HOPE DISTRIBUTION CENTER 5175 -97 WINNETKA AVE. N 114 -112NW 15 19 LUST: The Leaking Underground Storage Tank Incident Reports contain an inventory of reported leaking underground storage tank incidents. The data come from the Minnesota Pollution Control Agency's Leak Sites list. A review of the LUST list, as provided by EDR, and dated 02/07/2002 has revealed that there are 2 LUST sites within approximately 0.5 miles of the target property. EquaUHigher Elevation WINGATE APARTMENTS CONTINENTAL BAKING CO INC Address Dist / Dir Map ID Page 7820 49TH AVE N 1/8 - 1 /4WSW 7 11 5130 WINNETKA AVE N 114 - 112NW 14 17 TC833594.1s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data come from the Minnesota Pollution Control's Underground Storage Tank File. A review of the UST list, as provided by EDR, and dated 05/03/2002 has revealed that there are 3 UST sites within approximately 0.25 miles of the target property. Equal / Higher Elevation Ad dress Dist / Dir Map ID Page WINGATE APARTMENTS 7700 49TH AVE N 0 -1 /8 WSW 4 7 MODEL STONE CO 7300 49TH AVE N 1/8 - 1/4 ESE 135 9 MODEL STONE CO 49TH & NEVADA 1/8 - 1 /4ESE 66 10 STATE OR LOCAL ASTM SUPPLEMENTAL MN LS: The List of Sites includes: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), No Further Remedial Action Planned (NFRAP), National Priorities List (NPL), Permanent List of Priorities (PLP), Sites delisted from the Permanent List of Priorities (DPLP), Hazardous Waste Permit Unit Project Facilities (HW PERM), List of Permitted Solid Waste Facilities (SW PERM), 1980 Metropolitan Area Waste Disposal Site Inventory,1980 Statewide Outstate Dump Inventory (ODI), Voluntary and Investigation Program (VIC), and Closed Landfill Sites Undergoing Cleanup (LCP). The List of Sites comes from Minnesota Pollution Control A review of the MN LS list, as provided by EDR, has revealed that there are 3 MN LS sites within approximately 0.5 miles of the target property. Equal/ Elevation Address Dis / Dir Map I Page PROMISCUOUS DUMP - NEW HOPE NEAR CORVALIS AVE / L 1/4 -1/2 ENE 11 13 Not reported 5121 WINNETKA AVE N 114 - 112NW C13 15 NEW HOPE DISTRIBUTION CENTER 5175-97 W/NNETKA AVE. N 114 - 112NW 15 19 TC833594.1s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc. (EDR). The report meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527 -00. Search distances are per ASTM standard or custom distances requested by the user. TARGET PROPERTY INFORMATION ADDRESS 7600 49TH AVENUE NORTH NEW HOPE, MN 55428 COORDINATES Latitude (North): 45.044300 - 45' 2' 39.5" Longitude (Vilest): 93.375600 - 93' 22'32.2" Universal Tranverse Mercator: Zone 15 UTM X (Meters): 470418.9 UTM Y (Meters): 4987723.0 USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property: 2445093 -A4 OSSEO, MN Source: USGS 7.5 min quad index TARGET PROPERTY SEARCH RESULTS The target property was identified in the following government records. For more information on this property see page 6 of the attached EDR Radius Map report: Site RUSSELL DELIVERY 7600 49TH AVE NORTH NEW HOPE, MN 55428 RICHARD KROHN 7600 49TH AVE N NEW HOPE, MN 55428 Database(s) EPA ID LUST NIA MN Spills NIA AHRENS TRUCKING INC AST NIA 7600 49TH AVE NORTH NEW HOPE, MN 55428 DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the target property or within the ASTM E 1527 -00 search radius around the target property for the following databases: FEDERAL ASTM STANDARD NPL________________________ National Priority List Proposed NPL------- - - - - - -. Proposed National Priority List Sites CERCLIS--------- --- -- - - - - -- Comprehensive Environmental Response, Compensation, and Liability Information System TC833594.1s EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name TECHNOMARK INC OILDYNE INC LIBERTY DIVERSIFIELD INDUSTRIES LIBERTY TOOL AND ENGINEERING NORTHLAND PRINTING GERLO MFG BCX PRINTING & SIGNS NSP FLY ASH SITE OSCAR ROBERTS CEMENT WASHINGS Database(s) RCRIS -SQG RCRIS -SQG RCRIS -SQG RCRIS -SQG RCRIS -SQG RCRIS -SQG RCRIS -SQG MN LS MN LS TC833594.1s EXECUTIVE SUMMARY 5 K Target Property G Ira 1n 1 Miles A Sites at elevations higher than 7600 49th Avenue North CONTACT: or equal to the target property CITY /STATE /ZIP: New Hope MN 55428 • Sites at elevations lower than �a.,' Power transmission lines 45.0443/ 93.3756 the target property DATE: Oil & Gas pipelines 1 Coal Gasification Sites 100 -year flood zone National Priority List Sites ® 500 -year flood zone ED Landfill Sites Wetlands TARGET PROPERTY: Property CUSTOMER: STS Consultants, Ltd. ADDRESS: 7600 49th Avenue North CONTACT: Gary Rathbun CITY /STATE /ZIP: New Hope MN 55428 INQUIRY #: 833594.1s LAT/LONG: 45.0443/ 93.3756 DATE: August 19, 2002 6:19 pm Copyright o 2002 EOR, Inc, m 2001 GOT, Ina Rel. 0712001. All Rights Reserved. DETAIL MAP - 833594.1 s - STS Consultants, Ltd. TARGET PROPERTY: ays� ° z D fns Ire 1r41NUes STS Consultants, Ltd. Sites at elevations higher than 7600 49th Avenue North �Oq d CITY /STATE /ZIP: New Hope MN 55428 • Sites at elevations lower than 833594.1s Power transmission lines 45.0443193.3756 the target property DATE: Oil & Gas pipelines 1 Coal Gasification Sites via r 52ND AVE N 52ND AVE N 52ND t -] National Priority List Sites � Wetlands Landfill Sites E ti a� 2 _r EN 11 e g c s m z A� O ��l C g Gt t o Y4/9. — T AVE N 7 49 AVE N q 49TH AVE N g TH AVE N 49TH AVE N FAIRV z x w a � � m � m a m TH AVE N 48TH AVE N 48TH DIR N AVE N z 48TH AVE N 48TH qUE N 4BT z y � a a 9 a K 8 z 47112 AVE N 47 1/! AVE N D ° 9 S C z $ z z x m i g x TARGET PROPERTY: Target Property D fns Ire 1r41NUes STS Consultants, Ltd. Sites at elevations higher than 7600 49th Avenue North CONTACT: or equal to the target property CITY /STATE /ZIP: New Hope MN 55428 • Sites at elevations lower than 833594.1s Power transmission lines 45.0443193.3756 the target property DATE: Oil & Gas pipelines 1 Coal Gasification Sites loo -year flood zone r Sensitive Receptors ® 5oo -year flood zone t -] National Priority List Sites � Wetlands Landfill Sites TARGET PROPERTY: Property CUSTOMER: STS Consultants, Ltd. ADDRESS: 7600 49th Avenue North CONTACT: Gary Rathbun CITY /STATE /ZIP: New Hope MN 55428 INQUIRY #: 833594.1s LAT /LONG: 45.0443193.3756 DATE: August 19, 2002 6:19 pm DoWUht a 2002 EDR, Ina 0 2001 GDT, Inc. Rai. 0712001. AN Rights Reserved. MAP FINDINGS SUMMARY Search Target Distance Total Database Property (Miles) < 118 1/8-1/4 1/4-1/2 1/2-1 > 1 Plo tted FEDERAL ASTM STANDARD NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 CERCLIS 0.500 0 0 0 NR NR 0 CERC -NFRAP 0.250 0 0 NR NR NR 0 CORRACTS 1.000 0 0 0 0 NR 0 RCRIS -TSD 0.500 0 0 0 NR NR 0 RCRIS Lg. Quan. Gen. 0.250 0 0 NR NR NR 0 RCRIS Sm. Quan. Gen. 0.250 0 3 NR NR NR 3 ERNS TP NR NR NR NR NR 0 STATE ASTM STANDARD State Haz. Waste 1.000 0 0 0 1 NR 1 MN VIC 0.500 0 0 3 NR NR 3 State Landfill 0.500 0 0 0 NR NR 0 LUST X 0.500 0 1 1 NR NR 2 UST 0.250 1 2 NR NR NR 3 FEDERAL ASTM SUPPLEMENTAL CONSENT 1.000 0 0 0 0 NR 0 ROD 1.000 0 0 0 0 NR 0 Delisted NPL 1.000 0 0 0 0 NR 0 FINDS TP NR NR NR NR NR 0 HMIRS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 MINES 0.250 0 0 NR NR NR 0 NPL Liens TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 STATE OR LOCAL ASTM SUPPLEMENTAL AST X TP NR NR NR NR NR 0 MN Spills X TP NR NR NR NR NR 0 MN HWS Permit 1.000 0 0 0 0 NR 0 MN Deleted SHWS 1.000 0 0 0 0 NR 0 MN LCP 0.500 0 0 0 NR NR 0 MN LS 0.500 0 0 3 NR NR 3 MN Enforcement TP NR NR NR NR NR 0 BULK TP NR NR NR NR NR 0 MN AGSPILLS TP NR NR NR NR NR 0 TC833594.1s Page4 MAP FINDINGS SUMMARY Search Target Distance Total Database Prop erty (Mile < 1/ 8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plo tt e d EDR PROPRIETARY HISTORICAL DATABASES Coal Gas 1.000 0 TP = Target Property NR = Not Requested at this Search Distance * Sites may be listed in more than one database NR TC833594.1s Page 5 Map ID Direction Distance Distance (ft.) Elevation Site MAP ONDIINGiS EDR ID Number Database(s) EPA ID Number Coal Gas Site Search: No site was found in a search of Real Property Scan's ENVIROHAZ database. Al RUSSELL DELIVERY LUST S105010841 Target 7600 49TH AVE NORTH N/A Property NEW HOPE, MN 55428 Site 1 of 3 in cluster A LUST: 17607 LeaklD: 13973 MPCA ID: 157055 Report Date: 01/07/1999 Closed Date: / / Contact: Donald Ahrens Contact Title: Owner A2 RICHARD KROHN Target 7600 49TH AVE N Property NEW HOPE, MN 55428 Site 2 of 3 in cluster A MN SPILLS: Facility ID: 17607 Reported By: Not reported Spill Date: Not reported Project Manager: 1001 Product: WASTE OIL & ANTIFREE Incident Date: Not reported Date Reported: 04/13/93 Amount Spilled: UNKN Priority: Not reported Incident: Not reported Spill Cause: DUMPED OVER F Location: Not reported Region: Not reported Spill: Not reported Report: Not reported Project Mngr: Not reported Respnbl Party: Not reported Description: Not reported MN Pollution Control Agency: Not reported A3 AHRENS TRUCKING INC Target 7600 49TH AVE NORTH Property NEW HOPE, MN 55428 Site 3 of 3 in cluster A AST: Program Interest Id: 150540 Address Id : 286692 MPCA Tank Number: 1001 Above/ Under Ground : Above Ground Piping Cathodic Protection : None Tank Cathodic Protection : None Tank Stored Product: Used Or Waste Oil Client Tank Number: 1001 MN Spills S101286661 N/A Units: Not reported Action Taken: Not reported AST All 00203924 N/A TC833594.1s Page 6 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Dat EPA ID N umber TC833594.1s Page 7 AHRENS TRUCKING INC (Continued) A100203924 AST Base Material: On Concrete Piping Material : None Second Contain Tank: Not Applicable Second Contain Pipe: None Tank Construction Material : Metal Tank Dispenser Code: Not reported Tank Status Code: Active Tank Storage Capacity: 265 Tank Registration Date: 09/21/1999 00:00:00 Unregulated Tank Registration Date: 09/21/1999 00:00:00 Compartmental Tank Flag : Not reported Heating Product Flag : Not reported Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update: TANKS Complaint Flag: Not reported The AST database contains additional data for this site. Please contact your EDR Account Executive for more information. 4 WINGATE APARTMENTS UST 0000885204 WSW 7700 49TH AVE N N/A < 1/8 NEW HOPE, MN 55428 438 ft. Higher UST: Program Interest Id : 114520 Address Id : 190484 MPCA Tank Number: 001 Above/ Under Ground : Under Ground Piping Cathodic Protection : None Tank Cathodic Protection: None Tank Stored Product: Fuel Oil Client Tank Number: 001 AST Base Material: Not reported Piping Material : Other Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Other Tank Dispenser Code: 2 Tank Status Code: Temporarily Closed Tank Storage Capacity: 0 Tank Registration Date: 05/05/1986 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag : Not reported Heating Product Flag : Y Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments : Not reported Staff Id Who Did The Last Update: TANKS Complaint Flag: Yes Program Interest Id : 114520 Address Id : 190484 MPCA Tank Number: 003 TC833594.1s Page 7 Map ID Direction Distance Distance (ft.) Elevation Site MAP FINDINGS WINGATE APARTMENTS (Continued) Above/ Under Ground : Piping Cathodic Protection Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: Complaint Flag: Under Ground None None Fuel Oil 003 Not reported Other Not reported Not reported Other 2 Temporarily Closed 0 05/05/1986 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Piping Cathodic Protection: Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: Complaint Flag: Program Interest Id Address Id : MPCA Tank Number: Above/ Under Ground Piping Cathodic Proteciion Tank Cathodic Protection : 114520 190484 002 Under Ground None None Fuel Oil 002 Not reported Other Not reported Not reported Other 2 Temporarily Closed 0 05/05/1986 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes 114520 190484 004 Under Ground None None EDR ID Number Databa EPA ID N umber 0000885204 TC833594.1s Page 8 Map ID MAP FINDINGS 126131 Direction 201840 MPCA Tank Number: 001 Distance Under Ground Piping Cathodic Protection : None Distance (ft.) None EDR ID Number Elev ation Site 001 Database(s) EPA ID Number Not reported WINGATE APARTMENTS (Continued) Galvanized steel 0000885204 Not reported Tank Stored Product: Fuel Oil Tank Construction Material : Bare /PainUAsph Coat Steel Client Tank Number: 004 Tank Status Code: Removed AST Base Material: Not reported Tank Registration Date: 03/2511991 00:00:00 Piping Material: Other Compartmental Tank Flag : Not reported Second Contain Tank: Not reported Haz Waste Generator Id : Not reported Second Contain Pipe: Not reported Sludge Disposal Facility: Not reported Tank Construction Material: Other Staff id Who Did The Last Update: RDULLIN Tank Dispenser Code: 2 Tank Status Code : Temporarily Closed Tank Storage Capacity : 0 Tank Registration Date: 05/05/1986 00:00:00 Unregulated Tank Registration Date: Not reported Compartmental Tank Flag : Not reported Heating Product Flag : Y Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update: TANKS Complaint Flag: Yes The UST database contains additional data for this site. Please contact your EDR Account Executive for more information. B5 MODEL STONE CO UST 0000883824 ESE 7300 49TH AVE N N/A 1/8 -1/4 NEW HOPE, MN 55428 743 ft. Higher Site 1 of 2 in cluster B UST: Program Interest Id : 126131 Address Id: 201840 MPCA Tank Number: 001 Above/ Under Ground Under Ground Piping Cathodic Protection : None Tank Cathodic Protection : None Tank Stored Product: Diesel Client Tank Number: 001 AST Base Material: Not reported Piping Material: Galvanized steel Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Bare /PainUAsph Coat Steel Tank Dispenser Code: 2 Tank Status Code: Removed Tank Storage Capacity: 10000 Tank Registration Date: 03/2511991 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag : Not reported Heating Product Flag : U Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff id Who Did The Last Update: RDULLIN Complaint Flag: No Program Interest Id : 126131 TC833594.1s Page 9 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Data base(s) EPA ID Number 136 ESE 118 -114 743 ft. Higher MODEL STONE CO (Continued) Address Id : MPCA Tank Number: Above/ Under Ground: Piping Cathodic Protection Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material : Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag: Heating Product Flag : Haz Waste Generator Id: Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update Complaint Flag : 201840 002 Under Ground None None Gasoline 002 Not reported Galvanized steel Not reported Not reported Bare/Paint/Asph Coat Steel 2 Removed 8000 03/25/1991 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported RDULLIN No The UST database contains additional data for this site. Please contact your EDR Account Executive for more information. MODEL STONE CO 49TH & NEVADA NEW HOPE, MN 55428 Site 2 of 2 in cluster B UST: Program Interest Id Address Id : MPCA Tank Number: Above/ Under Ground Piping Cathodic Protection Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: 124646 200390 111 Under Ground None Anode Gasoline 111 Not reported Steel /Iron Not reported Not reported Bare /Paint/Asph Coat Steel 2 Removed 8000 06/07/1989 00:00:00 Not reported Not reported U Not reported Not reported Not reported 0000883824 UST 0000882985 N/A TC8333594.1 s Page 10 Map ID Direction Distance Distance (ft.) Elevation Site MAP FINDINGS MODEL STONE CO (Continued) Comments: Staff Id Who Did The Last Update: Complaint Flag: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Piping Cathodic Protection Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code: Tank Status Code : Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: Complaint Flag : Not reported TANKS Yes 124646 200390 112 Under Ground None Anode Diesel 112 Not reported Steel /Iron Not reported Not reported Bare/Paint/Asph Coat Steel 2 Removed 10000 06/07/1989 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS Yes The UST database contains additional data for this site. Please contact your EDR Account Executive for more information. EDR ID Number Database(s) EPA ID Number 0000882985 7 WINGATE APARTMENTS WSW 7820 49TH AVE N 118 -114 NEW HOPE, MN 55428 954 ft. Higher LUST: LeaklD: 6932 MPCA ID: 143100 Report Date: 10127/1993 Closed Date: 06/1411994 Contact: Not reported Contact Title: Not reported 8 PHOTO CONTROL CORP South QUEBEC AVE N 1/8 -1/4 NEW HOPE, MN 55428 1065 ft. Higher LUST S100698944 NIA RCRIS -SQG 1000415244 FINDS MND006261887 TC833594.1s Page ll Map ID MAP FINDIN&S Direction Distance Distance (ft.) Elevation Site PHOTO CONTROL CORP (Continued) RCRIS: Owner: NAME NOT REPORTED (312) 555 -1212 EPA ID: MND006261887 Contact: GORDON VOLKMEIER (612) 537 -3601 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Facility Registry System (FRS) Resource Conservation and Recovery Act Information system (RCRAINFO) 9 DISPLAYMASTERS INC West 4916 WINNETKAAVE N 1/8 -1/4 NEW HOPE, MN 55428 1289 ft. Higher RCRIS: Owner: IMATION CORP (612) 704 -5719 EPA ID: MNR000055152 Contact: LINDA BOBO (612) 704 -5719 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Facility Registry System (FRS) MN -DELTA Resource Conservation and Recovery Act Information system (RCRAINFO) EDR ID Number Database(s) EPA ID Number 1000415244 RCRIS -SQG 1001214707 FINDS MNR000055152 10 EXHIBITGROUP GILTSPUR West 4948 WINNETKAAVE N 1/8 -1/4 NEW HOPE, MN 55428 1308 ft. Higher RCRIS -SQG 1004730814 MND985674746 TC833594.1s Page 12 Map ID Direction Distance Distance (ft.) Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number EXHIBITGROUP GILTSPUR (Continued) 1004730814 RCRIS: Owner: NAME NOT REPORTED (312) 555 -1212 EPA ID: MND985674746 Contact: DAVID SCHULTEIS (612) 332 -2212 Class cation: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found 11 PROMISCUOUS DUMP - NEW HOPE MN LS S102658590 ENE NEAR CORVALIS AVE / LOUISIANA AVE N/A 1/4 -112 NEW HOPE, MN 55428 1356 ft. Higher MN LS: WINNETKA AVENUE PROPERTY CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit: No Open Dump Inventory: No Voluntary Cleanup & Investigation: No HWIC: No RCRA Treatment Storage & Disposal: No METRO Dump Inventory: Yes Hazardous Waste Permit: No EPA ID: Not reported No Further Action: No Entity Type: MDI Method: 11 MPCA ID: MNMD10000234 County Code: 27 PLP: No Facility Name 2: Not reported Link ID: 692 LCP: N Brown: N C12 WINNETKA AVENUE PROPERTY MN VIC S103909228 NW 5121 WINNETKA AVE. N N/A 114 -112 NEW HOPE, MN 55428 1704 ft. Higher Site 1 of 2 in cluster C MN Voluntary Investigation Cleanup Program Facility ID: VP2291 Active: False EPA Id: Not reported MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: 46A Congressional Distt: 0.00000 TC833594.1s Page 13 Map ID Direction Distance Distance (ft.) Elev ation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number WINNETKA AVENUE PROPERTY (Continued) S103909228 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 05/19/1997 Date Last Updated: 04103/1998 Federal Facility: False Primary Funding Source: Not reported Link Id: 3980 Facility Type: Printing HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RD /RA: False RUFS: False Fund financed: False Npl: False PIP: False District: Metro Notes: See also Honeywell New Hope Contacts Contact Name : Jim Kelly Type Of Contact: Former Staff Project Leader /Project Manager Name Of Company: MPCA Contact Address : Lafayette Rd St. Paul, MN 55155 Contact Phone: Not reported Contact Phone Ext: Not reported Contact Fax : Not reported Contact E-mail: Not reported Site Info Last Updated : 01/29/1999 Misc Contact Info: Not reported Province: Not reported Country : Not reported Postal code: Not reported Contact Name : Cathy Schultz Type Of Contact: Former Staff TA Name Of Company: MPCA Contact Address: Lafayette Rd St. Paul, MN 55155 Contact Phone: Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail: Not reported Site Info Last Updated : 01/29/1999 Misc Contact Info: Not reported Province: Not reported Country: Not reported Postal code: Not reported TC833594.1s Page 14 Map ID MAP FINDINGS Direction Distance Distance (ft.) Ele Site WINNETKA AVENUE PROPERTY (Continued) Event Log VP2290 Event: 45.00000 Start Date: Not reported End Date: 01/29/1998 Planned Start Date: Not reported Planned End Date: / ! Date Info Last Updated : 05/13/2002 Record Number: 13980.00000 Additional Information : None Entered Event: 41.00000 Start Date : 05/19/1997 End Date: None Planned Start Date: False Planned End Date: ! / Date Info Last Updated False Record Number: 1186.00000 Additional Information : None EDR ID Number Database(s) EPA ID Number S103909228 C13 MN Spills S101320052 NW 5121 WINNETKA AVE N MN LS NIA 114 -1/2 NEW HOPE, MN 55428 MN VIC 1704 ft. Higher Site 2 of 2 in cluster C MN Voluntary Investigation Cleanup Program: Facility ID: VP2290 Active: False EPA Id: Not reported MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: 46A Congressional Distt: 0.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 04/26/1991 Date Last Updated: Federal Facility: False Primary Funding Source: Not reported Link Id: 3980 Facility Type: Not reported HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferai Plot: False Site Classification: False Emergency: False RD /RA: False RL/FS: False Fund financed: False Npl: False PIP: False District: Metro TC833594.1s Page 15 Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site (Continued) Notes: Not reported Contacts No Contact Name Joe Zachmann Type Of Contact No Name Of Company Not reported Contact Address : No Contact Phone: Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail: Not reported Site Info Last Updated : 05/15/1998 Misc Contact Info : Not reported Province : Not reported Country: Not reported Postal code: Not reported Contact Name: Cathy Schultz Type Of Contact: Former Staff TA Name Of Company: MPCA Contact Address : Lafayette Rd St. Paul, MN 55155 Contact Phone : Not reported Contact Phone Ext: Not reported Contact Fax : Not reported Contact E -mail : Not reported Site Info Last Updated : 01/28/1999 Misc Contact Info : Not reported Province: Not reported Country: Not reported Postal code : Not reported Contamination Info Facid : VP2290 Contaminant Id: Not reported Contaminated Media: Not reported Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination 0.00000 Date Info Last Updated Event Log Event: 41.00000 Start Date : 04/26/1991 End Date: Planned Start Date Planned End Date: Date Info Last Updated Record Number: 1185.00000 Additional Information : None Former Staff Project Leader/Project Manager MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes HWIC: No RCRA Treatment Storage & Disposal: No EDR ID Number Datab ase(s) EPA ID Number S101320052 TC833594.1s Page 16 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number (Continued) METRO Dump Inventory: No Hazardous Waste Permit: No EPA ID: Not reported No Further Action: No Entity Type: VIC Method: 11 MPCA ID: MNPT00002290 County Code: 27 PLP: No Facility Name 2: Not reported Link ID: 3960 LCP: N Brown: N S101320052 MN SPILLS: Not reported Facility ID: 24709 Reported By: Not reported Spill Date: Not reported Project Manager: Not reported Product: CHEMICALS /OTHER OR UNSPICIFIED Incident Date: Not reported Date Reported: 7- Nov -96 Amount Spilled: 1 Units: GALLONS Priority: NO Action Taken: NO FILE, NO CONTACT WITH RP Incident: Not reported Spill Cause: SPILL Location: Not reported Region: Not reported Spill: Not reported Report: Not reported Project Mngr: Not reported Respnbl Party: Not reported Description: BUCKET TIPPED OVER SPILLED INSIDE BUILDING. WE ABSORBED IT WITH SEALED PILLOWS AND DISPOSED AS HAZ WASTE. 1,1,1 - TRICHLORETHANE MN Pollution Control Agency: RWK 14 CONTINENTAL BAKING CO INC RCRIS -SQG 1000412648 NW 5130 WINNETKA AVE N FINDS MND120184205 1!4-112 NEW HOPE, MN 55428 LUST 1815 ft. UST Higher RCRIS: Owner: CONTINENTAL BAKING CO INC (312) 555 -1212 EPA ID: MND120184205 Contact: MARK MANN (612) 235 -1555 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported TC833594.1s Page 17 Map ID MAP F114DINGS Direction Distance Distance (ft.) EDR ID Number Eleva Site Data b a se(s) EPA ID N umber CONTINENTAL BAKING CO INC (Continued) 1000412648 Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Facility Registry System (FRS) Resource Conservation and Recovery Act Information system (RCRAINFO) LUST: 115364 LeaklD: 5931 191308 MPCA ID: 142126 002 Report Date: 11/14/1992 Under Ground Closed Date: 07113/2000 None Contact: Not reported Anode Contact Title: Not reported Diesel UST: 002 Program Interest Id: 115364 Address Id: 191308 MPCA Tank Number: 001 Above/ Under Ground: Under Ground Piping Cathodic Protection : None Tank Cathodic Protection: Anode Tank Stored Product: Gasoline Client Tank Number: 001 AST Base Material: Not reported Piping Material: Steel/Iron Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Bare/Paint/Asph Coat Steel Tank Dispenser Code : 2 Tank Status Code: Removed Tank Storage Capacity: 10000 Tank Registration Date: 04/17/1986 00:00:00 Unregulated Tank Registration Date: Not reported Compartmental Tank Flag : Not reported Heating Product Flag : U Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update: TANKS Complaint Flag: Yes Program Interest Id : 115364 Address Id: 191308 MPCA Tank Number: 002 Above/ Under Ground : Under Ground Piping Cathodic Protection : None Tank Cathodic Protection : Anode Tank Stored Product: Diesel Client Tank Number: 002 AST Base Material: Not reported Piping Material : Steel /Iron Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Bare/PainUAsph Coat Steel Tank Dispenser Code: 2 Tank Status Code : Removed TC833594.1a Page 18 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Databa se(s) EPA ID Number CONTINENTAL BAKING CO INC (Continued) 1000412648 Tank Storage Capacity: 10000 Tank Registration Date : 04/1711986 00:00:00 Unregulated Tank Registration Date: Not reported Compartmental Tank Flag: Not reported Heating Product Flag : U Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update: TANKS Complaint Flag: Yes The UST database contains additional data for this site. Please contact your EDR Account Executive for more information. 15 NEW HOPE DISTRIBUTION CENTER MN LS 5102277055 NW 5175 -97 WINNETKA AVE. N. MN VIC N/A 114 -1/2 NEW HOPE, MN 55428 2068 ft. Higher MN Voluntary Investigation Cleanup Program Facility ID: VP3540 Active: False EPA Id: Not reported MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: Not reported Congressional Distt: 0.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 02124/1993 Date Last Updated: 05/05/1999 Federal Facility: False Primary Funding Source: Not reported Link Id: 3494 Facility Type: Not reported HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RD /RA: False RUFS: False Fund financed: False Npl: False Pip: False District: Metro Notes: Not reported Contacts Contact Name: Joe Otte TC833594.1s Page 19 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number NEW HOPE DISTRIBUTION CENTER (Continued) S102277055 Type Of Contact: Former Staff Project Leader /Project Manager Name Of Company: MPCA Contact Address : 520 Lafayette Rd St. Paul, MN 55155 Contact Phone : Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail: Not reported Site Info Last Updated : 05/07/1998 Misc Contact Info: Not reported Province : Not reported Country: Not reported Postal code: Not reported Event Log Event: 41.00000 Start Date : 02/24/1993 End Date: Planned Start Date: Planned End Date: Date Info Last Updated Record Number: 1316.00000 Additional Information : None Event: 43.00000 Start Date End Date: 02116/1994 Planned Start Date Planned End Date: Date Info Last Updated Record Number: 1317.00000 Additional Information : None Impacts and Response Actions GW Recepts Prot by Rem Actn : 0.00000 Ecological receptors present: False Type of ecological receptors: Not reported Acres of contaminated soil : 0.00000 Volume of contaminated soil: 0.00000 Acres of surface water impacted : 0.00000 Acres of wetland impacted : 0.00000 Acres of sediment impacted: 0.00000 GW Plume Area Acres: 0.00000 Cleanup Conducted: False Acres of Contam Soil remediate 0.00000 Volume of Soil Cleaned : 0.00000 # People protect by soil remedy : 0.00000 # Municipal wells contamd: 0.00000 # Mun wells poten contamd : 0.00000 # Dom wells contam : 0.00000 # Dom wells poten contam : 0.00000 # SW intakes contamd : 0.00000 # SW Intakes poten contamd : 0.00000 # People Impact mun well contam :0.00000 # People Impact dom well contam :0.00000 # People Impct SW intake contam: 0.00000 # Drums Revolved from site: 0.00000 Yr Soil Remediated : 0.00000 Acres of Suii wi Restrict Access . 0.00000 Yr IC remedy complete: 0.00000 TC833594.1s Page20 Map ID MAPFINDINGS Direction Distance Distance (ft.) Elevation Site NEW HOPE DISTRIBUTION CENTER (Continued) # of people protect by GW remedy 0.00000 Yr GW remedy completed: 0.00000 # of people protected by IC : 0.00000 Year GWIC completed: 0.00000 Number of jobs kept/created : 0.00000 Project Development cost: 0.00000 Environmental Costs: 0.00000 Amt of taxbase incease : 0.00000 Public financing : False Assurance help: False Land use Classfn At Site : Not reported Land use Vicinity Of Site: Not reported Deed notif Present On Site: False Restrictive Covenant Present : False GW Pump & Treat Used at site: False Restrictive Covenant Present: Not reported Miscellaneous Comments : Not reported Quaternary Perched : False Quaternary Water Table: False Quaternary Confined : False Cretaceous : False Plattville : False St. peter: False Prairie Duchien False Jordan : False Ironton /Galesville : False Mt Simon Hinckley: False Precambrian Undefferentiated : False Other /Unknown Aquifier : False Aquatic Plants: False Benthic Inverterbrates : False Fish : False Fish eating animals: False Terresterial plants : False Soil inverterbrates : False Plant eating animals : False Predatory animals(Not Fish Eat): False Burrowing Animals: False Information Last Updated : / / Acres of wetland of sediment remediated : 0.00000 Decision Made Using VIC's Policy for Unchartrzd GW Plumes False MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit: No Open Dump Inventory: No Voluntary Cleanup & Investigation: Yes HWIC: No RCRA T reatrnent Storage & Disposal: No METRO Dump Inventory: No Hazardous Waste Permit: No EPA ID: Not reported No Further Action: No Entity Type: VIC Method: 11 EDR ID Number Database(s) EPA ID Number 5102277055 TC833594.1s Page 21 Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site NEW HOPE DISTRIBUTION CENTER (Continued) MPCA ID: County Code: PLP: Facility Name 2: Link ID: LCP: Brown: MN PT00003540 27 No Not reported 3494 N N EDR ID Number Database(s) EPA ID Number 16 ELECTRONIC INDUSTRIES, INC. South 112 -1 NEW HOPE, MN 4205 ft. Higher 5102277055 SHWS S102183804 MN LS NIA SHWS /PLP: On NPL: No Score: 26 Current Status: The Company completed an investigation of the lower outwash aquifer in 2000, and will be proposing additional remedial alternatives for the site. The City of New Hope owns the property and has applied for Department of Trade and E(DTED) funds to help finance additional remediation of the site. Priority: Minnesota List of Priorities Classification C: Res Description: The Company manufactures printed circuit boards. During a complaint investigation on September 23, 1983, MPCA staff observed that the sides of the Company's underground wastewater settling tank had dissolved due to corrosion of discoloration and strong solvent odors were noted in and around the area where the tank was located. Investigation of the site discovered a large release of Trichloroethylene (TCE) to the soil and ground. TCE is present in tissolved phase and DNAPL. The remediation system currently consists of groundwater pump and treat with discharge to the sanitary sewer, DNAPL removal, air sparge, and soil vapor extraction. To date, the remediation system050 pounds of TCE. Site Description: The Company manufactures printed circuit boards. During a complaint investigation on September 23, 1983, MPCA staff observed that the sides of the Company's underground wastewater settling tank had dissolved due to corrosion of the metal. Visible soil discoloration and strong solvent odors were noted in and around the area where the tank was located. Action Taken: A Stipulation Agreement was negotiated with the Company effective January 24, 1984.As part of this Agreement, the Company developed a proposal to determine the extent of soil and ground water contamination. Initial soil and ground water testing was conducted by May 4, 1984.A report was submitted to the MPCA on July 20, 1984, for review.The Company initiated a pump -out and treatment system in August 1986.Company is currently pumping and treating ground water.Company submitted an updated site characterization and long -term monitoring report, July 27, 1988.Quarterly and Annual Monitoring Reports are being submitted relating to the ground water pump out.Additional site investigations, e.g., deep well into regional aquifer, have been conducted.Second pump -out treatment system installed on City of New Hope Property in April 1991. Both groundwater pump -out systems are currently in operation.Bioremediation options assessed. Determined the extent of groundwater contamination off facility property.Conducted Remedial Investigation and Feasibility Study.The Company initiated a Soil Vapor Extraction System in December 1992.Installation of an air sparging system was completed in spring 1994.Demolition of the old building interfered with the startup of the air sparging system.Upon installation of air sparging system, TCE DNAPL was discovered. Approximately 1430 pounds of TCE DNAPL were removed through one of the sparge points.Air sparging system initiated October 1994, after DNAPL was removed.Air sparging system and recovery wells shut down October TC833594.1s Page22 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Datab ase(s) EPA ID N umber ELECTRONIC INDUSTRIES, INC. (Continued) S102183804 28, 1994 due to slug of DNAPL, which reached Recovery well RW -1. DNAPL was removed and the pump and treat operation resumed on May 12, 1995. Air sparge systems remains inoperable until furtherin December 1995, remedial systems have remvoed approximately 6,700 pounds of TCE.City of New Hope purchased Electronic Industries Property in 1993 and demolished building.Air Sparge system is currently operatlonal.TCE detected in deeper outwash wells during December 1997 and April 1998 sampling events. Further hydrogeologic characterization required.Continue Response Actions.Review pump -out, soil vapor extraction, air sparging, and ground water monitoring results on a quarterly basis.Additional hydrogeologic investigation of outwash aquifer and definition of contaminant plume with the outwash aquifer. MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit No Open Dump Inventory: No Voluntary Cleanup & Investigation: No HWIC: Yes RCRA Treatment Storage & Disposal: No METRO Dump Inventory: No Hazardous Waste Permit: No EPA ID: MND049529522 No Further Action: No Entity Type: PLP Method: 11 MPCA ID: MND049529522 County Code: 27 PLP: Yes Facility Name 2: Not reported Link ID: 1045 LCP: N Brown: N TC833594.1s Page 23 V ( a k co e k 0 0000000 a2oe2oo S�2T22422 zzBEBKBB§ |§ "t VVV ° q G §SG °I§§§ IS \ D = $ k E R Fn Q § A k §z 0 2§ § L\ LL LL wo § co § a czr) cm ( W3: =1 § \(3§§3 ® z 2 wog ®SEi zn4omw__GS z Eo \ (LU § kk ■ 0ze ® d § w °§ S2f §�E 0 \k§k§ §k ° K LLwz U. M6=8..� - W o x - 28e§S§2§§ kkk§k §k §d b2k »2( § »" G�a$e�e§2 zzwwwwwww �; !: a- D. IL m iL m m �e�e 0000000 oo O W &§EEE§EE mmzzzzzzz GOVERNMENT RECORDS SEARCHED !DATA CURRENCY TRACKING To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Elapsed ASTM days: Provides confirmation that this EDR report meets or exceeds the 90-day updating requirement of the ASTM standard. FEDERAL ASTM STANDARD RECORDS NPL: National Priority List Source: EPA Telephone: N/A National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 04/22/02 Date Made Active at EDR: 06121/02 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 05/06/02 Elapsed ASTM days: 46 Date of Last EDR Contact: 05/06/02 NPL Site Boundaries Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202 -564 -7333 EPA Region 1 Telephone 617 - 918 -1143 EPA Region 3 Telephone 215 -814 -5418 EPA Region 4 Telephone 404 - 562 -8033 Proposed NPL: Proposed National Priority List Sites Source: EPA Telephone: N/A Date of Government Version: 02/26102 Date Made Active at EDR: 06121/02 Database Release Frequency: Semi - Annually EPA Region 6 Telephone: 214- 655 -6659 EPA Region 8 Telephone: 303 - 312 -6774 Date of Data Arrival at EDR: 05/06/02 Elapsed ASTM days: 46 Date of Last EDR Contact: 05/06/02 CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System Source: EPA Telephone: 703 -413 -0223 CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 05/15/02 Date Made Active at EDR: 08/08/02 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 06/24102 Elapsed ASTM days: 45 Date of Last EDR Contact: 06/24/02 CERCLIS- NFRAP: CERCLIS No Further Remedial Action Planned Source: EPA Telephone: 703 -413 -0223 As of February 1995, CERCLIS sites designated "No Further Remedial Action Planned" ( NFRAP) have been removed from CERCLIS. NFRAP sites may be sites where, following an initial investigation, no contamination was found, contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require Federal Superfund action or NPL consideration. EPA has removed approximately 25,000 NFRAP sites to lift the unintended barriers to the redevelopment of these properties and has archived them as Historical records so EPA does not needlessly repeat the !investigations in the future. This policy change is part of the EPA's Brownfields Redevelopment Program to help cities, states, private investors and affected citizens to promote economic redevelopment of unproductive urban sites. TC833594.1s Page GR -1 GOVERNMENT RECORDS SEARCHED l DATA CURRENCY TRACKING Date of Government Version: 05/15/02 Date Made Active at EDR: 08/08/02 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 06/24/02 Elapsed ASTM days: 45 Date of Last EDR Contact: 06/24/02 CORRACTS: Corrective Action Report Source: EPA Telephone: 800- 424 -9346 CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 05/02/02 Date Made Active at EDR: 07/15/02 Database Release Frequency: Semi - Annually Date of Data Arrival at EDR: 05/06/02 Elapsed ASTM days: 70 Date of Last EDR Contact: 06/10/02 RCRIS: Resource Conservation and Recovery Information System Source: EPA/NTIS Telephone: 800 -424 -9346 Resource Conservation and Recovery Information System. RCRIS includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Date of Government Version: 06/10/02 Date of Data Arrival at EDR: 06/20/02 Date Made Active at EDR: 07/15/02 Elapsed ASTM days: 25 Database Release Frequency: Varies Date of Last EDR Contact: 06/20/02 ERNS: Emergency Response Notification System Source: EPAINTIS Telephone: 202- 260 -2342 Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 12/31/01 Date of Data Arrival at EDR: 07/02/02 Date Made Active at EDR: 07/15/02 Elapsed ASTM days: 13 Database Release Frequency: Varies Date of Last EDR Contact: 04/29/02 FEDERAL ASTM SUPPLEMENTAL RECORDS BRS: Biennial Reporting System Source: EPA/NTIS Telephone: 800 -424 -9346 The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/99 Database Release Frequency: Biennially Date of Last EDR Contact: 06/17/02 Date of Next Scheduled EDR Contact: 09/16/02 CONSENT: Superfund (CERCLA) Consent Decrees Source: EPA Regional Offices Telephone: Varies Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: N/A Database Release Frequency: Varies Date of Last EDR Contact: N/A Date of Next Scheduled EDR Contact: N/A ROD: Records Of Decision Source: EPA Telephone: 703- 416 -0223 Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. TC833594.1s Page GR -2 GOVERNMENT RECORDS SEARCHED !BATA CURRENCY TRACKING Date of Government Version: 12/21/01 Database Release Frequency: Annually Date of Last EDR Contact: 07/09/02 Date of Next Scheduled EDR Contact: 10/07/02 DELISTED NPL: National Priority List Deletions Source: EPA Telephone: NIA The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 04/22/02 Database Release Frequency: Quarterly Date of Last EDR Contact: 05/06/02 Date of Next Scheduled EDR Contact: 08/05/02 FINDS: Facility Index System /Facility Identification Initiative Program Summary Report Source: EPA Telephone: N/A Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C- DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 03/21/02 Database Release Frequency: Quarterly Date of Last EDR Contact: 07/08102 Date of Next Scheduled EDR Contact: 10/07/02 HMIRS: Hazardous Materials Information Reporting System Source: U.S. Department of Transportation Telephone: 202 - 366 -4555 Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 12/31/01 Database Release Frequency: Annually Date of Last EDR Contact: 04/22/02 Date of Next Scheduled EDR Contact: 07/22102 MILTS: Material Licensing Tracking System Source: Nuclear Regulatory Commission Telephone: 301 - 415 -7169 MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/12/02 Database Release Frequency: Quarterly MINES: Mines Master Index File Source: Department of Labor, Mine Safety and Health Administration Telephone: 303- 231 -5959 Date of Government Version: 06 /05/02 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 07 /08 /02 Date of Next Scheduled EDR Contact: 10/07/02 Date of Last EDR Contact: 07/01/02 Date of Next Scheduled EDR Contact: 09/30/02 NPL LIENS: Federal Superfund Liens Source: EPA Telephone: 205 - 564 -4267 Federal Superfund Liens. Under the authority granted the USEPA by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, the USEPA has the authority to file liens against real property In order to recover remedial action expenditures or when the property owner receives notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. TC833594.1s Page GR -3 GOVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING Date of Government Version: 10/15/91 Database Release Frequency: No Update Planned Date of Last EDR Contact: 05/28/02 Date of Next Scheduled EDR Contact: 08126/02 PADS: PCB Activity Database System Source: EPA Telephone: 202 - 564 -3887 PCB Activity Database. PADS Identifies generators, transporters, commercial storers and /or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 03/01/02 Database Release Frequency: Annually Date of Last EDR Contact: 05/14/02 Date of Next Scheduled EDR Contact: 08/12/02 RAATS: RCRA Administrative Action Tracking System Source: EPA Telephone: 202 -564 -4104 RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. it was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/95 Database Release Frequency: No Update Planned Date of Last EDR Contact: 06110/02 Date of Next Scheduled EDR Contact: 09109/02 TRIS: Toxic Chemical Release Inventory System Source: EPA Telephone: 202 -260 -1531 Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12/31/99 Database Release Frequency: Annually Date of Last EDR Contact: 06/24102 Date of Next Scheduled EDR Contact: 09/23/02 TSCA: Toxic Substances Control Act Source: EPA Telephone: 202 - 260 -5521 Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances Included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12131/98 Database Release Frequency: Every 4 Years Date of Last EDR Contact: 06/10/02 Date of Next Scheduled EDR Contact: 09/09/02 FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) Source: EPA Telephone: 202 - 564 -2501 Date of Government Version: 04/25/02 Database Release Frequency: Quarterly Date of Last EDR Contact: 07/03/02 Date of Next Scheduled EDR Contact: 09/23/02 SSTS: Section 7 Tracking Systems Source: EPA Telephone: 202 - 564 -5008 Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide - producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/00 Database Release Frequency: Annually Date of Last EDR Contact: 07119102 Date of Next Scheduled EDR Contact: 10/21/02 TC833594.1s Page GR-4 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) Source: EPA/Office of Prevention, Pesticides and Toxic Substances Telephone: 202 -564 -2501 FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right- to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 04/25/02 Database Release Frequency: Quarterly Date of Last EDR Contact: 07/03/02 Date of Next Scheduled EDR Contact: 09/23/02 STATE OF MINNESOTA ASTM STANDARD RECORDS SHWS: Superfund Permanent List of Priorities Source: Minnesota Pollution Control Agency Telephone: 651- 296 -6139 State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 06/01/01 Date Made Active at EDR: 10/12/01 Database Release Frequency: Annually Date of Data Arrival at EDR: 09/10/01 Elapsed ASTM days: 32 Date of Last EDR Contact: 06111/02 VIC: Voluntary Investigation and Cleanup Program Source: Minnesota Pollution Control Agency Telephone: 651 - 296 -7291 Voluntary Investigation and Cleanup (VIC) Program List. Date of Government Version: 07/05/02 Date Made Active at EDR: 08/09/02 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 07/08/02 Elapsed ASTM days: 32 Date of Last EDR Contact: 07/08102 SWFILF: Permitted Solid Waste Disposal Facilities Source: Minnesota Pollution Control Agency Telephone: 651 - 296 -7276 Solid Waste Facilities /Landfill Sites. SWF /LF type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 12/01/00 Date Made Active at EDR: 02102/01 Database Release Frequency: Varies Date of Data Arrival at EDR: 01/03/01 Elapsed ASTM days: 30 Date of Last EDR Contact: 06111/02 LUST: Leak Sites Source: Minnesota Pollution Control Agency Telephone: 651 - 649 -5451 Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not aii states maintain these records, and the information stored vanes by state. Date of Government Version: 02/07/02 Date of Data Arrival at EDR: 03/08/02 Date Made Active at EDR: 03127/02 Elapsed ASTM days: 19 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 07/16/02 UST: Underground Storage Tank Database Source: Minnesota Pollution Control Agency Telephone: 651- 649 -5451 Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available information varies by state program. TC833594.1s Page GR -5 GOVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING Date of Government Version: 05/03/02 Date Made Active at EDR: 07/05/02 Database Release Frequency: Varies STATE OF MINNESOTA ASTM SUPPLEMENTAL RECORDS AST: Aboveground Storage Tanks Source: Minnesota Pollution Control Agency Telephone: 651 - 296 -0930 Registered Aboveground Storage Tanks. Date of Government Version: 05/03/02 Database Release Frequency: Semi - Annually SPILLS: Spills Database Source: Minnesota Pollution Control Agency Telephone: 651- 297 -8617 Date of Government Version: 06/25/02 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 05/09/02 Elapsed ASTM days: 57 Date of Last EDR Contact: 05/09/02 Date of Last EDR Contact: 05/09/02 Date of Next Scheduled EDR Contact: 07/15/02 Date of Last EDR Contact: 05/17/02 Date of Next Scheduled EDR Contact: 08105/02 MN HWS PERMIT: Active TSD Facilities Source: Minnesota Pollution Control Agency Telephone: 651 - 297 -8470 Active TSD Facilities. Date of Government Version: 01/02102 Database Release Frequency: Annually Date of Last EDR Contact: 07/15/02 Date of Next Scheduled EDR Contact: 10/14102 MN Deleted SHWS: Permanent List of Priority Deletions Source: Minnessota Pollution Control Agency Telephone: 651 - 296 -6139 The PLP rules specify that to delist a site, either all response actions required at a site have been completed, or that the site no longer poses a threat to public health or welfare or the environment. Date of Government Version: 06/01/01 Database Release Frequency: Annually Date of Last EDR Contact: 06/11/02 Date of Next Scheduled EDR Contact: 09/09/02 LCP: Closed Landfills Priority List Source: Minnesota Pollution Control Agency Telephone: 651- 296 -9543 The Minnesota Legislature enacted a law to manage and clean up the state's closed Mixed Municipal Solid Waste Landfills. Under that law, the MPCA is required to create and periodically revise a priority list of qualified landfills, based on the relative health and environmental risks they present. The MPCA established the first such priority list in December, 1994. Date of Government Version: 07/31/01 Database Release Frequency: Annually Date of Last EDR Contact: 06125/02 Date of Next Scheduled EDR Contact: 09/23/02 LS: List of Sites Source: Minnesota Pollution Control Agency Telephone: 651 - 297 -2731 The List of Sites includes: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), No Further Remedial Action Planned (NFRAP), National Priorities List (NPL), Permanent List of Priorities (PLP), sites delisted from the Permanent List of Priorities (DPLP), Hazardous Waste Permit Unit Project Facilities (HW PERM), List of Permitted Solid Waste Facilities (SW PERM), 1980 Metropolitan Area Waste Disposal Site Inventory (METRO), 1980 Statewide Outstate Dump Inventory (ODI), Voluntary and Investigation Program (VIC), and Closed Landfill Sites Undergoing Cleanup (LCP). TC833594.1s Page GR -6 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 06/11/02 Database Release Frequency: Semi- Annually Date of Last EDR Contact: 06/10/02 Date of Next Scheduled EDR Contact: 09/09/02 ENFORCEMENT: Generators Associated with Enforcement Logs Source: Minnesota Pollution Control Agency Telephone: 651 - 297 -8332 Regulatory Compliance, Hazardous Waste Enforcement Log and Hazardous Waste Permit Unit Project Identification List. Date of Government Version: 04/25102 Database Release Frequency: Quarterly BULK: Bulk Facilities Database Source: Department of Agriculture Telephone: 651 - 297 -3997 Facilities that use bulk pesticides and fertilizers Date of Government Version: 06/24/02 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 07/16/02 Date of Next Scheduled EDR Contact: 10/14/02 Date of Last EDR Contact: 06/10102 Date of Next Scheduled EDR Contact: 09/09/02 AG SPILLS: Department of Agriculture Spills Source: Department of Agriculture Telephone: 651 - 297 -3997 This data is a list of pesticide/fertilizer incidents reported to have occurred in Minnesota. Date of Government Version: 06/06102 Database Release Frequency: Semi - Annually Date of Last EDR Contact: 06 /06 /02 Date of Next Scheduled EDR Contact: 09/09/02 EDR PROPRIETARY HISTORICAL DATABASES Former Manufactured Gas (Coal Gas) Sites: The existence and location of Coal Gas sites is provided exclusively to EDR by Real Property Scan, Inc. ©Copyright 1993 Real Property Scan, Inc. For a technical description of the types of hazards which may be found at such sites, contact your EDR customer service representative. Disclaimer Provided by Real Property Scan, Inc. The information contained in this report has predominantly been obtained from publicly available sources produced by entities other than Real Property Scan. While reasonable steps have been taken to insure the accuracy of this report, Real Property Scan does not guarantee the accuracy of this report. Any liability on the part of Real Property Scan is strictly limited to a refund of the amount paid. No claim is made for the actual existence of toxins at any site. This report does not constitute a legal opinion. OTHER DATABASE(S) Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1999 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 from the U.S. Fish and Wildlife Service. TC833594.1s Page GR -7 GOVERNMENT RECORDS SEARCHED i DATA CURRENCY TRACKING STREET AND ADDRESS INFORMATION © 2001 Geographic Data Technology, Inc., Rel. 07/2001. This product contains proprietary and confidential property of Geographic Data Technology, Inc. Unauthorized use, including copying for other than testing and standard backup procedures, of this product is expressly prohibited. TC833594.1s Page GR -8 v N d a. a Cl) U H m a D 07Ula xaa wwwwwwwow z z U U U U U U U N2 Ix xwww m m m m ao m m m ao N N N N N N N N N R O n N co N Lo to r.- N N m 0?.- O w N m V CO W m P K p O0000 w o 0 0 0 0 0 0 Y Y m m Q Q a a U z z w w w w w w w }r a.aaaaaa Y Y O O O O O O O x x x x x x x w w w w w w w w w m m z z z z z z z z >o U 3 2 z !� Q 2 01 t� O L w � x LL LU O CD co p � m C7 Z _ Q J co z Q LL x z z z r. z z _ .d. O= N N O c lLO Z3 CD LLI fn Z m m m w V v w w CO C) _ z w O z LU U) LU Dw Z w p z a U ? U W Q C w U LL z rj) m w F- Z U) ¢ Fr -a CL Y2 ' x w U> O p Z p F - 0 g Z N O W g z 0 , LL ¢ _ } a aOUpwwm�x J_ 7 m fp z O F O z C7 m O n N co N Lo to r.- N N m 0?.- O w N m V CO W m P K p O0000 w o 0 0 0 0 0 0 Y Y m m Q Q a a U z z w w w w w w w }r a.aaaaaa Y Y O O O O O O O x x x x x x x w w w w w w w w w m m z z z z z z z DETAILED ORPHAN LISTING EDR ID Number Site Database(s) EPA I D Number NSP FLY ASH SITE MN LS 5100712970 NE OF 83RD AVE. / JEFFERSON HIGHWAY NIA BROOKLYN PARK, MN 55428 MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit: No Open Dump Inventory: No Voluntary Cleanup & Investigation: No HWIC: No RCRA Treatment Storage & Disposal: No METRO Dump Inventory: Yes Hazardous Waste Permit: No EPA ID: Not reported No Further Action: No Entity Type: MDI Method: 11 MPCA ID: MNMD10000318 County Code: 27 PLP: No Facility Name 2: Not reported Link ID: 772 LCP: N Brown: N OSCAR ROBERTS CEMENT WASHINGS MN LS S103854414 SOUTHWEST QUAD OF HWY. #169 AND COUNTY N/A BROOKLYN PARK, MN 55428 MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit: No Open Dump Inventory: No Voluntary Cleanup & Investigation: No HWIC: No RCRA Treatment Storage & Disposal: No METRO Dump Inventory: Yes Hazardous Waste Permit: No EPA ID: Not reported No Further Action: No Entity Type: MDI Method: 11 MPCA ID: MNMD10000320 County Code: 27 PLP: No Facility Name 2: Not reported Link ID: 774 LCP: N Brown: N TC833594.1 s Page 25 DETAILED ORPHAN LISTING EDR ID Number Site Database(s) EPA ID Number TECHNOMARK INC 5026 HWY 169 N NEW HOPE, MN 55428 RCRIS: Owner: CMD CO (612) 874 -9011 EPA ID: MND985753714 Contact: LINUS WENSMAN (612) 535 -7257 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found RCRIS -SQG 1004733927 MND985753714 OILDYNE INC 5520 N 169 HWY NEW HOPE, MN 55428 RCRIS: Owner: PARKER HANNIFIN CORP (800) 272 -7537 EPA ID: MND985756311 Contact: REZI SHIRGIR (612) 531 -3564 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found RCRIS -SQG 1004734125 MND985756311 LIBERTY DIVERSIFIELD INDUSTRIES RCRIS -SQG 1004728693 5600 N HIGHWAY 169 MND061456489 NEW HOPE, MN 55428 RCRIS: Owner: FLS PROPERTIES (312) 555 -1212 EPA ID: MND061456489 Contact: ADRIENNE NAATZ (612) 536 -6613 Classification: Conditionally Exempt Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found TC833594.1s Page 26 DETAILED ORPHAN LISTING MIMI LIBERTY TOOL AND ENGINEERING 4964 N HWY 169 NEW HOPE, MN 55428 RCRIS: Owner: UPPER MIDWEST MGMT CORP (612) 535 -4914 EPA ID: MN0001025709 Contact: CHUCK SCHROEDER (612) 533 -4224 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found NORTHLAND PRINTING 4954 W HWY 169 NEW HOPE, MN 55428 RCRIS: Owner: L HERAULT GARY (612) 535 -2398 EPA ID: MND985754357 Contact: GARY L HERAULT (612) 535 -2398 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found EDR ID Number Database(s) EPA ID Number RCRIS -SQG 1004727882 MN0001025709 RCRIS -SQG 1004733975 MND985754357 GERLO MFG RCRIS -SQG 1004737705 5018 N HWY 169 MNR000054296 NEW HOPE, MN 55428 RCRIS: Owner: SCHMIDT GERALD (612) 533 -4155 EPA ID: MNR000054296 Contact: GERALD SCHMIDT (612) 533 -4155 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found TC833594.1s Page 27 DETAILED ORPHAN LISTING Site BCX PRINTING & SIGNS 5014 NORTH HWY 169 NEW HOPE, MN 55428 RCRIS: Owner: WILES BILL (763) 542 -9151 EPA ID: MNR000109652 Contact: SCOTT LINDGREN (763) 542 -9151 Classification: Small Quantity Generator Used Oil Recyc: No TSDF Activities: Not reported Violation Status: No violations found EDR ID Number Database(s) EPA ID Number RCRIS -SQG 1005416787 MNR000109652 TC833594.1 s Page 28 New Hope Acquisition, LLC STS Project 98836 -XA iL STS CONSULTANTS Photograph #1 - A concrete office /shop building occupies the southwest corner of the approximately one acre subject property at 7600 - 49th Avenue North in New Hope, Minnesota. raR.i SS. 'Si ' n -.__ KIWP Photograph #2 - The former waste oil underground storage tank was located near the northeast corner of the building under an area now covered by concrete. (D THE INFRASTRUCTURE IMPERATIVE R636A001.dOc New Hope Acquisition, LLC STS Project 98836 -XA Photograph #3 - A former waste oil aboveground storage tank was located adjacent to a retaining wall in the southeast corner of the depressed loading dock on the north side of the building. A L Photograph #4 - A release of waste oil from the AST referenced in Photograph 3 reportedly entered a storm sewer catch basin in the southwest corner of the depressed loading dock. k -q STS CONSULTANTS 4 THE INFRASTRUCTURE IMPERATIVE R636A001.doc New Hope Acquisition, LLC STS Project 98836 -XA STS CONSULTANTS Photograph #5 - A 265 gallon AST is used to storage waste oil inside the building. i Photograph # 6 - A flammables waste trap is located near the entry door at the southeast corner of the building. n THE INFRASTRUCTURE IMPERATIVE R636A001.doc 0 6q STS CONSULTANTS Areas of Specialization Gary J. Rathbun • ESAs Senior Soil Scientist • Remedial Investigations Representative Experience • ISTS Duties include project management, site evaluation, data interpretation and report preparation for geo- environmental Education projects. Representative examples of recent experience M.S., Soil Science, University of include: Wisconsin- Madison, 1979 Perform Phase I Environmental Site Assessments (ESAs) for B.S., Agriculture, Cornell University, real estate transactions in Minnesota as well as Iowa, 1974 Wisconsin, New York and South Dakota. Conduct follow -up Phase II ESAs (soil /groundwater explorations) to evaluate Registration suspected contamination identified by the Phase I ESAs. Professional Soil Scientist: Minnesota, Wisconsin Retained by the City of Minnetonka to perform a Phase Environmental Assessment of nine parcels of land in Certifications Minnetonka, Minnesota. The City required that an Environmental Assessment be performed prior to purchasing Hazardous Waste Safety Training, the property for development of a new elderly residential CPR an d First st Aid Certified to Level B; CPR an complex. The nine parcels were located in an older residential area of town which the City wished to upgrade and Individual Sewage Treatment Design rezone for multiple housing units. Performed the Phase & Site Evaluation- Minnesota assessment on time and within the established budget for the Certified Soil Tester - Wisconsin project. Conducted the required on -site walk - throughs and interviews with the current property tenants and /or owners Affiliations with extraordinary care and maintained positive Soil Science Society of America communications allowing the work to be completed with minimal disruption to the community. Minnesota Association of Professional Soil Scientists Completed numerous Phase I Environmental Site Assessments of properties for Circuit City. The degree of development of the properties was vast; the range was anywhere from vacant lots to existing strip and shopping malls. Geotechnical assessment and design was performed on vacant land. The scope of services for these ESAs included a retrieval and review of readily available historical information on land use for the subject properties and immediate vicinities, and a walk -over of the properties to make observations for actual or potential environmental impairment sources. Conducted a Phase I Environmental Site Assessment and a geotechnical exploration program of an undeveloped plot of land for McDonalds. The Phase 1 consisted of a review of geologic conditions, a site walk -over, review of historical photographs and review of state and federal environmental agency files. The geotechnical soil samples were screened for potential environmental impacts. 0 u THE INFRASTRUCTURE IMPERATIVE 1 Rathbun, Gary - ESA NAVARR= C 0 R P O R A T ! O N u OJ 9 C.7 C S' January 29, 2010 Mr. Kirk McDonald Community Development Director City of Nevi Hope 4401 Xylon Avenue North Ne%� Hope, MN 55428 Gay Cerney, Esq. Krass Monroe, P.A. 8000 Nonnan Center Drive Suite 1000 Minneapolis, MN 55437 Dear Mr. McDonald: Attached please find an annual Use Certificate executed by Navarre Corporation and furnished pursuant to Section 3.3 of the Contract for Private Redevelopment dated November 12, 2002, by and between Navarre Corporation and the New Hope Economic Development Authority. Sincerely, Navarre Corporation / f ,Linda Alsid Ruehle Assistant General Counsel 763 - 450 -2315 Enclosure 2425-1•-1:00000/03 7400 49th Avenue North, New Hope, Minnesota 554 ' P :7 f 763.533.2156 USE CERTIFICATE The undersigned hereby certifies on behalf of Navarre Corporation, a Minnesota corporation (the "Company"), as follows: 1. This Certificate is furnished pursuant to Section 3.3 of that certain Contract for Private Redevelopment dated November 12, 2002, by and between the New Hope Economic Development Authority and New Hope LLC, a Minnesota limited liability company (the "Contract "), the interest of New Hope, LLC thereunder having been assigned to and assumed by the Company pursuant to an Assignment and Assumption of Contract for Private Redevelopment dated September 15, 2003. Capitalized terms not defined herein shall have the meaning given them in the Contract. 2. No more than fifteen percent (15 %) of the buildings on the Redevelopment Property are currently, or will be, used for purposes other than: (a) the manufacturing or production of tangible personal property, including processing resulting in the change in condition of the property; (b) warehousing, storage, and distribution of tangible personal property, excluding retail sales; (c) research and development related to the activities listed in clauses (a) or (b); (d) telemarketing if that activity is the exclusive use of the property; (e) tourism facilities; (f) qualified border retail facilities; or (g) space necessary for and related to the activities listed in clauses (a) to (f). IN WITNESS WHEREOF, the undersigned has signed this Certificate as of this 1 sc day of February, 2010. NAVA ORATION B Title: Sr. .P. Global Loizistics GAWPDATA \N \N F' VHOPEW800CMECERTIFICATE.DOC