Loading...
IP #734For the full report on 0 this improvement packets and/or lanning Commission agenda packetsm PROJECT NO. 734 4317 Nevada Avenue N orth Item 6.7 11/25/02 Motion Authorizing Staff to Obtain an Appraisal of 4317 Nevada Avenue North (Imp. Project No. 734) Item 8.1 01/27/03 Motion Authorizing Staff to Negotiate to ntial No. 734) f 4317 Nevada Avenue North or its Appraised Value of $61,00 Ol (Improvement Item 8.3 04/14/03 Motion to Proceed with a Written ice of $83 000 (Improvement Project Nevada da venue North at the Property Owners Reques ted Pr Res 03 -72 04/28/03 Res. Approving Purchase Agreement for 4317 Nevada roperty at 4317 EDA #6 06/23/03 Discussion Regarding Development te 4301 Nevada Proposal for City Oth ed P ement Project Nod73) Proje ct Nor and Private Property Res. 04 -51 3/8/04 Motion approving demolition p75 , plans and specifications s an authorizing advertisement for bids (improvement project nos. 760, EDA #5 3/22/04 Discussion and direction 17 Nevada Avenue Nor (improvement project t no 734development proposal, 4301 and 43 Res. 04 -69 4/12/04 Resolution ordering published notice and public hearing on sale of 4317 Nevada Avenue North (improvement project no. 734) Res. 04 -70 4/12/04 Resolution supporting N rth e ment m a t application for their p pr project located e at in County transit oriented develop g 4301 and 4317 Nevada Avenue North (improvement project no. 734) Res. 04 -72 4/12/04 Resolution Awarding city of New p rj ect motion contract t o R 6K Co 734 }in the low bid amount of $67,519 (improvement p Res. 04 -83 4/26/04 Resolution approving development contract for 4317 Nevada Avenue North (improvement project no. 734) EDA 5 9 -13 -04 Discussion and update regarding nt e po ect no. 734)e p r oposed development of 4301 -4317 Nevada Avenue North (imp p l Item 6.5 10/25/04 Motion it y g owned property roperty located ated at 4317 Nevada Avenue North, 5400 demoliion ion approving of ci Winnetka of Avenue North, 5500 Winnetka RoadI (improvement project nos 760, 753, 741 756, 758, aBd 734) e Road and 7605 Bass Lake ( p ng in the amount of Item 6.6 12/13/04 Motion approving corrected balance property ertylo at d at RJK Con Nevada l Avvenue North, 5400 $898.00 for demolition of city p Winnetka Avenue North, Ba00L Lake Road(mpro (improvement project nose 760, 53, 741 1 756, 758 Bass Lake Road and 7605 and 734) COUNCIL KIPA Originating Department Community Development By: Kirk McDonald, Director of CD & Ken Dor esky, CD Specialist 0 a A 0 Approved for Agenda Agenda Section Consent Item No. RESOLUTION APPROVING PURCHASE AGREEMENT FOR 4317 NEVADA AVENUE NORTH (IMPROVEMENT PROJECT NO. 734) ACTION REQUESTED Staff recommends approval of a resolution to p rd located at 4317 Nevada Avenue North for the purchase agreement prepared by the agreed upon purchase price of $83,000, in accordance with the City Attorney. The purchase agreement is expected to be signed by the owner at the time of this meeting. POLICY /PAST PRACTICE City goal #2 is to pursue the maintenance and redevelopment hsidential portion this s ough phe City's mroperties the City. The City Council has been addressing the re housing activities, including acquiring properties from willing sellers in areas designated for redevelopment in the Comprehensive Plan. The City is required by law to pay fair market value when acquiring property. Normally, fair market value is determined from a property appraisal. After the Council authorizes staff to negotiate the purchase of a property on the basis of an appraisal, staff meets with the property owner. If a mutually agreeable purchase price is agreed upon, staff returns to the Council to seek approval of the purchase price. If the Council approves the purchase price, a purchase agreement is prepared by the City Attorney and presented to the Council for final approval. BACKGROUND purchase On April 14, 2003, the Council approved ada Avenue North $83,000. r Atta Attached, please find the the property located at 4317 Nev purchase the agreement prepared by the City Attorney. Both the "Purchase be wner by and time this The Waiver By Owners" form are expected to be signe d y pro property owner indicated that they would like to have the transaction completed as soon as possible. Staff anticipates that a closing could occur in May or June. On February 11, staff and the City Attorney met with agreement with D the appraised value of $61e000�The i not acquisition of the subject property. The owner was a g MOTION BY �- SECOND BY TO: ch ase agree consideration. doc I: \RFA \PLANNIN \Housing \4317\Q - 43 pur ENOMENNOMM 4 -28 -03 Request for Action Page 2 Estimated Market Value as determined by Hennepin County for tax d Hennepin County's estimated r ma market was concerned about the disparity between the app raised value value. As a result of the February 11 meeting, Mr. Curry stated tha w r et e a r h rehab ilime o n c os ts for consideration of all options. He stated that he would contact negotiation. On April 4, staff and the City Attorney met again with Mr. Cur disparity o discuss u between the appraised vale ($61 0 0) p again pointed out the City. At this second meeting, Mr. Curry p raised value is lower due to the large and the Hennepin County Estimated Market Value ($105,0001 e he app condition adjustments ($60,000 - $70,000 made b the app After the first negotiation meeting, staff requested that the app mated Market Value. Please see the follow ng the appraised value of $61,000 was less than the County s Es comments submitted by the appraiser: "The New Hope City Assessor (Hennepin County) stated that the subject property's interior has not been inspected since 1988. This would explain the disparity between the two 1 values, since most of the subject's deferred maintenance is inside the house. As a result of the second negotiation meeting, Mr. Curry submitted correspondence requesting $83,000 for the property. staff to negotiate the potential purchase of the property based On January 27, 2003, the Council authorized upon the appraised value of $61,000. On November 25, the Council authorized staff to obtain an app raisal of the property. Based on the Council's and request, staff completed a Code Compliance Inspection of the property for Iona supplemental s is Also on November mental Building Analysis Report. Staff then forwarded the inspection materials to the app the Council requested that staff to contact the adjacent north (4301 Nevada the Ave. N.) it t of (4 se dg Ave. N.) property owners to determine if they were interested exploring their homes to the City for future redevelopment purposes. of On November 7, 2002, the City received the attached corresponThe propeht was a renta3pr a fo Avenue North requesting that the City consider purchasing the property. man ears and is now vacant. Staff has been communicatur�g w this the p�ty in 1996 but ime d not pursue Y Y The City considered acq g potential City interest in the property. Y the purchase due to the fact that the property was occupied. In 1998, the Council passed a resolution approving the City of New Hope Comprehensive Plan Update. In City was broken ehensive Plan Update. In the Plan, e a 1 the Metropoli tan Council approved the Compr down into several planning districts. e subject prorpth�42�d located e in t Planning sou District 10 east entral New and the City of Crystal to the Hope bordered by the rail system t the romote property maintenance through private east. Recommendations for Planning D istrict 10 include: (a) p reinvestment, the City's Dwelling Maintenance Code and Scattered t cite Housing alo Nevada Avenue and (b) active e pursue the redevelopment of the poor condition, low- density re 42 Avenue and 45 Avenue. s had numerous Over the past several years, the subject property ha property. code At violations. City staff ns March inspected the 2002, the City received a property maintenance complaint at the property and issued orders to correct the violations. h. The prop a The property is located at 4317 Nevada Avenue Nort 061 ssft g ross d livi g a ea feet The base T p p nt is 130 feet measuring a total of 9035 square feet. The house has 1,061 in 1938. The appraisal states that the subject property is p oor in overall unfinished. The home was con condition for its age. The Hennepin County and Griffith Appraisals Inc. Estimated Market Values are as follows: 4 -28 -03 Request for Action Page 3 Hennepin County , Estimated Market Value o Taxes payable 2003 Griffith Appraisals, 12 -31 -03 k t Value $105,000 ($38,000 Land & $67,000 Building) $61,000 ($42,000 Land & $19,000 Building) o Estimated Mare sl on November 25 2002, the Council directed staff etermn eaf they wou d be nterested in As stated previously, owners to d Nevada Ave. N.) and south (4415 Nevada Ave. N.) property Staff received a call owner of 4301 Nevada Avenue possibility of voluntarily selling their homes to the City for u assed redevelopment purposes. Staff exploring the poss away y has recently been informed that the o North p the owner of Frank's Nevada m GSR Development, Livable Communities Area pi e connection to developer for the Frank's Nursery on April 7 from arentl the developers have a fame y site, regarding this issue. App Y� be an interest in selling the property for and informed staff that the owner passed away and that there may hase property in the area for ac quisition of both Nevada Avenue The owners told GSR that the City had requested to purc redevelopment. may attempt to work on the a c q for ownr- redevelopment. GSR indicated that they Y North and 4415 Nevada Avenue North, and then come to the evelo e s that I City wound be nterest de n on the site. Staff conveyed to the occupied town homes n owner - occupied residential n redevelopment project in this area. working with them on Staff recommends that the Council approve the resolution to purchase this property for the following reasons: New Hoe Comprehensive Plan Update recommends re 42n ?Aven of e North and 45 Avenue Th p Nevada Avenue North betwe en density residential land along evada Avenue North and acknowledged that North. The subject property is located at 4317 N. The owner has approached the City with an offer to willingly sell this property relocation benefits would not be applicable. The house has been vacant for several months and the owner has not been generating any income from the property. 105,000, $44,000 more than The 2003 Hennepin County EstimatedhMn the e ask ng pricee property is $ the appraised value and $25,000 less The property is in very poor condition and would be a c e dae for �e l asonableprrice redevelopment. p p Due to the property's poor condition, the property can b acquired Staff has been informed by GSR Development that they are i e adjacent properties to the north redevelopment project that would utilize the subject property ne GSR Development indicated to staff that the owne 301 Nevada Avenue North had and south. property may be available for acquisition. recently passed away and the prop y . CD BG funds designated for the City's Scattered Site Housing Program are available for acquisition. If acquired, the following options could be considered for redevelopment: adjacent properties to the • GSR Development owner - occupied townhome development utilizing both p ro p north and south. Community Housing Redevelopment • Northwest Communities Revitalization Corporation (NCRC), Organization (CHDO): HOME funded affordable single-family ab home singe velopment home redevelopment edev • Greater Metropolitan Housing Corporation (GMHC project. Affordable single - family home redevelopment project • • Landbank the property . Twin Cities Habitat for Humanity ) future redevelopment purposes. tion on April 14, staff will explore a possible sale of the property to GSR Development and the Per Council direc roach the trainin opportunity and subsequent demolition and feasibility of passing on any demolition and site restoration costs the developer. Also, staff will app fe Y West -Metro Fire - Rescue District fire regarding a possible restoration. indicated that there is an unsealed well on the property. Well abandonment will be the The owner has property owner. responsibility of the prop Y 4 -28 -03 Request for Action FUN G ert ac uisition. CDBG funds are available for prop Y q ATTACHMENTS • Resolution • Location Map • Purchase Agreement • Acknowledgement and Waiver Form Page 4 . y 4749 4749 4741 _ 751 474 0 ... ; ` 4741 Q `— 7704 © 2 4733 --; d- •- -•. _ .. _ 4732 4733 Q. - _._...:...- 4730 4725 47 24 4725 ° _.___.._- _.w.....• 4717 Z 4716 ..:- 4717 _ Z O 4706 - ..... 4709 W 4709 i • > 4700 Q 4701 _ _..4700....4701 4656 4657 47T 4657 _. _ 6 4657: ;465 s 0 ; 4649 4646 4649 8 r 4649 Z 4640 4641 O Z _ dd 4630 ; ....... 0 4641 463 2 4632 4633 4633 4641 . 'W d..._ - a...... 4624 ''� _.._.__:. 4524 ri._. 5 0 4 62 616 4 4 1 4625: <._. _....... _. _ .. r { 625 ` ` . =W 4616 Y _..._.:._._.,...:.. 608 i0 Q 4617 e� 4 4609 = 5 4608 4609 4600 Z 4609 4601 4600 Q 4601 4601 _ _....._... _..._.,... _.... 4600 _w.....___ 46TH AVE �N 4565 _. -- _......._..._._. ..... Z 5 _ 6 454 rn 7649 z 4557 » 4548 9.. D 4541 ' 4549 _.._ _ 4540 » _ - 7700 _. _ 4541... 4533 n a 4532 n r- _._.. e..- Z' 4533 4524 4525 _ N v 4550 4525 4516 4517; 4510 o _ 4517 <.._.. 4509 n _ 4508 op 4500 .4509 4500 4501 _ 45TH AVE N r , _._ _ ._... - _.. _ .„ »,...._ _ . - ..,... . ..... _.. - - ......., i t ..__ ._._..�_... _...._ _._.. ,..4425 _:.- .. 4424 4421 4425 4401 v 4419 «' 441.5 FRED » 4313 4305 M 4317 PARK _ .. 4309 '� ° 4301 f E N d 43W a3o1 ''W' �» 43RD AVE N _ s } "6, 4230 i N 7260 Y 4215 4225 4224 = 7240 43RD AVE 4215 i 4221 _ -- 1._ .__.,....i 4220 »_... .,...._ ..:. 4217 7220 4215 ' 4216 7200 4229 .... ... _.._ 7600 7528 ? 7516; 7500 -. „. 4215 7700 v...» 7180 7140 ' - 7100 _ .,... t ..._ »«....__... ... •} t,,.....,.... _.. , :..— `w.....,.....7...�_... ... .... ..7300.................._ ,. ........... .._. ........_._....a.. -.. .... ..........._.«......_.....3 ...k.,......_ N W id _ _._....._.... i.... .. ;_..._.. n r 7117 7107 - CITY OF NEW HOPE RESOLUTION NO. 03 - 72 RESOLUTION APPROVING PURCHASE AGREEMENT FOR 4317 NEVADA AVENUE NORTH BE IT RESOLVED, by the City Council of the City of New Hope as follows: WHEREAS, the City of New Hope (the "City ") has been purchasing appropriate homes located within the City for rehabilitation or replacement; and WHEREAS, City staff has been in contact with David Curry ( "Owner "), owner of certain real estate known as 4317 Nevada Avenue North (the "Property "); and WHEREAS, appraisers hired by the City valued the Property at $61,000.00 as of December 31, 2002, $44,000 less than the 2003 Hennepin County Estimated Market Value of $105,000; and WHEREAS, Owners are willing to sell the Property to the City for the sum of $83,000.00 as set forth in the Purchase Agreement attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, it is in the best interest of the City to purchase the Property from David Curry for the sum of $83,000.00, with other terms and conditions as set forth in the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: The above recitals are incorporated herein by reference. 2. The purchase of the Property by the City from David Curry for the sum of $83,000.00, with other terms and conditions as set forth in the Purchase Agreement attached hereto as Exhibit A, is approved. 3. The Mayor, Manager and City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the purchase of the Property in accordance with said Purchase Agreement. Adopted by the City Council this 28 day of April, 2003. 1 60 Mayor Attest: City Clerk lARFA \PLANNING \Housing \4317 \R - Resolution Approving Purchase.doc M.S.B. A. Real Property Form N:. t Miller/Davis Co., St, Paul, MN -Form 1300 11994: Re 1996; Rev. 1997: Rev. 20021 PURCHASE AGREEMENT I PAGE 1 Minnesota Standard Residential Purchase Agreement MINNESOTA STANDARD RESIDE NTpAL PURCHASE AGREEMENT te Bar Association, Minneaolis Copyright 1996, 1997, 2002 by Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN A LAWYER TO DETERMINE THAT THIS by and beRveer TS YOUR LEGAL RIG ADEQUATELY PROTECHTS. Minnesota State Bar Assocation disclaims any liability arising out of the use of this d be (mantal status! — husband -husband t 1. PARTIES. This Purchase Agreement is made on SELLER, an- 2 o n s ri'rine t ke nad rv ctal i rtes ipp[Cr 3 of /seller's address) X7Q)OX7X90Xam BuYEF 4 6 f -- - - 7 2. OFFER /ACCEPTANCE. Buyer offers to purchase and Seler agrees to sell real property legally described as: 6 -- - 9 10 1iR 71 7t -f)DI& 11 (Property Tax Identification Number or Tax Parcel Number 12 City of 13 located at t SS42 8_. - -- 14 County of H Stae ofMinnesota, Zip Code 15 9f1( 4 16 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last part _. -v in tot the Other 17 party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on (date, 18 and in such event all earnest money shall be refunded to Buyer. 19 20 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller 21 and currently located on the real property are included in this sale [Strike out items not included]: garden bulbs, plants, shrubs, trees, storn 23 bulbs, plumbing fixture storm doors, pum ps, water heaters heat ng systems shades, ms, heating ing stoves, inserts, f replace doors l and , screens , built with in antenna 25 warteerlsoftenerrs, built -in dishwashers, garbage sr built-in trash compactors, built n o and cooking hood tan 26 installed carpeting, work benches, security systems, and also the following property: 27 my , [ check the box if the following 28 prope 29 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for M.S. the above perso Property l Form No. 90 (1997), Warranty Bill of Sale. 30 provision applies to this Purchase Agreement:] E-1 Seller 37 >htv -Thre Th0 usamLalld_90L1 32 5. PRICE AND TERMS. The price for the real and personal property included in this sale is 33 ), which Buyer shall pay as follows: 34 Dollars ($ R4 000. 00__ ---- -- 35 payable to 36 Earnest money of $ 0 xI SVK (!XltX XM@Of, 7MXE 'state which! 37 [select one:] 38 Seller, to be deposited and held by Seller land may be commingled with Seller's other funds) pending closing, 39 Seller's law at, to be deposited and held in the lawyer's trust account pending closing, 40 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 41 Other !describe how the earnest money will be held] 42 83 000 OQ cash, on the DATE OF CLOSING, and 43 receipt of which is hereby acknowledged and S 44 the balance of S 0 by financing as shown on the attached Financing Addendum. 45 Warranty Deed, joined 46 6.DEEDIMARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a 47 in by spouse, if any, conveying marketable title of record, subject to: 48 A.Building and zoning laws, ordinances, state and federal regulations; 49 B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; 50 C.Reservation of any mineral rights by the State of Minnesota; 51 D.Utility and drainage easements which do not interfere with existing improvements; 52 E. Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer 53 in this Purchase Agreement !must be specified in writing]: 54 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro - 55 rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. 56 If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be 119_% of the prior year's taxes, 57 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER ! = 1111111131, X1emI"NOEWKX 58 TMKXKII)1C )gXXXMXV3WEMM *X= (m which case the party entitled to a credit as a result of the adjustment shall receive 59 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and 60 payable in the year(s) 206'1 will be FULL XAON, )IKK -homestead classification, unless Buyer changes the tax classification for taxes 61 payable in the year following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration 62 within the time required by law. If the taxes due and payable in the year of closing are PART or NON - homestead classification, Seller shall 63 pay to Buyer at closing S , in addition to Seller's prorated share of the taxes. if the taxes due and payable in the year 64 following closing are PART or NON - homestead classification and the closing takes place after the date by which Buyer must take possession 65 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at 66 closing $ as Seller's share of such taxes. 67 i[XIII]K 66X611=10 CK KXSIDXXIKKOCDDOf)OL>a ta / SELLER SHALL PAY ON DATE OF CLOSING 68 ]Strike one:1 69 all installments of special assessments X rtified for pa SHALL PAY ON DATE OF CLOSING and pe I other spec al assess s levied as of the 70 [Strike one.1 = 71 date of this Purchase Agreement. 72 [Strike one:] XKWO1511016XV11110131111111R / SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of 73 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 74 provision for payment shall be by payment into escrow of 1 -1/2 times the estimated amount of the assessments.) As of the date of this 75 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 76 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 77 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 78 A.Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 79 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commen- 80 surate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the assessment; 81 C. or, M.S.B.A. Real p Form No. 1 PURCHASE AGREEMENT I PAGE 2 Miller /Davis CO., St. Paul, MN —Form 1300 (1994; Rev. 1996; Rev. 1997: Rev. 2002) any deterred real estate taxes (including "Greer Minnesota Standard Residential Purchax�RA9re SELLER SHALL PAY ON DATE OF CLOSING 82 (Strike one:l R4100E1(m roing closing tation concerning the amount c' herein. Seller makes no represen I estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments pavabie 63 Acres" taxes under Minn. Slat. 273.111) or special assessments payment of which is required as a result of the closing oft Is sale. 84 Buyer shall pay real payment of which is not otherwise p 85 therewith and thereafter, the pay 86 future real estate taxes or of future special assessments. nor to c mil 87 88 B. DAMAGES TO REAL PROP property is damaged materially but less than substanE b e T efunded e to Bu er. f the ealsproperty damaged d su bstantially p to dosing, this Purchase Agreement such damage, shat during wh1 89 and the earnest money shall nsect the eamproperty notice and in othe Seller event of such rescission one Seller earnest money shall be refunded t Buyer. g0 Buyer may rescind this Purchase vvn c 9t 21 -day Period Buyer may P 92 from a public right of way. Seller warrants that their 93 9, SELLER'S BOUNDARY LINE, ACCESS, R sSthat theONSaA 9D ofEaccesss to the teal Property from a unlit ri g tags. d env, are entirely wit in 94 boundary lines of the real property to the use or improvement of the real property. These warranties shall survive the oeirverV of the Deed or Contract for Deed - 95 has been no labor or material furnished to the real property for which payment has not been made. Seller w of t that there are no present violations o 96 restrictions relating 97 98 10. CONDITION OF PROPERTY. 99 in this sale from the real property before possession date. Seller has no ors), wiring, and plumbing used and located on the real property will be in working order on the Date of Cl Seller shall 100 A. Seller warrants that a ll appliances, fixtures, heating and air conditioning equipment, fireplaces (Including mechanisms, dampers, 101 and do not included 102 remove all debris, and all personal property w disease of any trees on the real red, propert 103 knowledge of any Dutch elm disease, oak ill, or other on s violation of any law, nor of any underground storage tanks having been located on the real property at any time, except 105 B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real properly � 104 106 any pers 107 as follows: -- 108 _ 109 110 ill 112 C. Seller's warn upon thesepre e ntatio and representations thins must be commalll survive 173 action i ttin delivery wo Years the D the date o which D the buyer 114 closed on the purchase of the real property. 115 116 D. Buyer shall have the right to have inspections of the Property conducted prior to closing. Unless required by local ordinance or lending 117 regulations, Seller does not plan to have the property inspected. 118 1 E. Statutory e (see (1) Pursuant below) or Buye rmust have race ved inspe lion seport f [see (2) o?BuOYer and d e Se t lier may wave 120 written di 121 the written disclosure requirements Isee (3) below]. 122 a civil action and 1 23 Minnesota Statutes liable to the prospective buyer. A person injured by a violation of this section may bring Section 513.57, Subd. 2. LIABILITY. A seller who fails to make a disclosure as required by sections 513.52 to 513. an was 12a aware of the condition of the real property 125 recover damages and receive othe rive buyer dosed purchase or transfer of the real prope 126 after the date on which the prosper rt} this subdivision must be commenced within two yea . ermined by the court. An act . ion 127 128 (Select only one of these threed 12s (1) nelwritingtany naccura the discInsu a written s soon Buyer. A copy Of Seller's before closingdisclosure is attached. Seller she corre ct 130 131 132 Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQLTIREMENTS. 133 Subdivision 1. CONTENTS• the seller shall meet a written disclosure to the prospective buyer. The 134 (a) Before signing an agreement to sell or transfer residential real property, of which the seller is aware that cow 135 adversely disclosure must include all material facts pertaining to adverse physical conditions in the property 136 and significantly affect: of the property: or, 137 (1) an ordinary buyer's use and e njoyment 138 (2) any intended use of the property of which the seller is aware . ust be made m i good faith and based upon the best of the selle s knowledge at the time of the disclosure. 139 (b) The disclosure m 140 141 Minnesota Statutes Section 513.58, AMENDMENT TO DISCLOSURE. possible, but in any event before closing. if the 142 Subdivision 1. NOTICE. A seller must notify the prospective uyer in ccunte s soon as reasonably 143 seller learns that the seller's disclosure required by section I" Subdivision 2. FAILURE TO NOTIFY: LIABUXrY. A seller who fails to notify the prospective buyer of any amendments to the initiat disc osure 145 required under subdivision 1 is liable to the prospective buyer as provided in section 513.57. 146 iqg M (2) Seller, o eller shall disclose to received an material inspection acts known to Seller tha contradict any f information m the mspection provided to 149 150 Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. if a written Perry 151 (a) Except as provided m paragraph (b), a se as is not required to disclose information red g rovided to prospecrnve buyer.aForpurposes of this 152 report that discloses the information has been Prepared by a qualified third party P 153 paragraph, "qualified thud party' means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, 154 reasonably believes has the expertise necessary to meet the industry standards of practice for the type of inspection or investigation that has been 155 conducted by the third party in order to prepare the written report. 156 (b) A seller shall disclose to the prospective buyer material facts (mown by the seller that contradict any information included in a written report under 157 paragraph (a) if a copy of the report is provided to the seller. 158 159 (3) Waiver of Disclosure. 160 ived if the sefler and the 162 prospective buye Statutes in writing. Waiver ofthe�disctosure r 9tnred ender seed e 513S2 to 513.60 dces of wave, lim uaor ab ridge any ob Ration 161 163 for seller disclosure created by any other law. 164 165 Seller and Buyer waive the written disclosure required under sections 5 13.52 to 513.60. CITY OF NEW HOPE 166 167 EIUYER 168 SELLER' By: tB9 David J. Curry CITY OF NEW HOPE 170 171 BUYER- 172 SELLER By: 173 Barbara L, Curry M.S.B.A. Real Property Form No ' 1300 PURCHASE AGREEMENT I PAGE 3 Miller /Davis Co_ St. Paul, MN —Form (1994; Rev. 1996; Rev. 1997; Rev. 20021 Minnesota Standard Residential Purchase Agreement s r Seller as to physical conditions, ns 175 rap ot intended to wa of nn. Start n Chapter 327A.�nship, or fitness for any particula` i7a Other than the warranties t1ed representation this ons made in ts paragraph 10, the property is being sold AS IS" with fitness express or Imp IP2 rep resentations or warran roviso era ra h is not or limit any P 1 7r, purpose. (This p 9 P nonce from any governmental authority as to viol abon of any larw notice from am 177 179 11. DISCLOSURE g t NOTICES. Seller has not received any 179 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not receive a notice from any 9ovemmental authority concerning am emmen: proceedings. 18o person as to a breach otetche covenants zing d stricte 1B1 domain, condemnation, s l or r rezon ng procee any p 182 183 12. TRUTH IN- HOUSINfG' real property sleocatereceipt of the Truth. n- Housing Disclosure Report or otherAnsPierest, fuel °I'fhq Qd net plant Bu 184 municipality in which t the date of closng. not later than 186 13. POSSESSION. Seller shall deliver possession of the property 187 gas and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the games as of d3tC 185 _OLS OStDi. _ iga rt Abstract certified to date Including proper searches cover" nal assessments. Buyer sna 189 14. EXAMINATION OF TITLE. To demonstrate anal Seller isle or ondaodo tnaeU.S.• l levied nandrPentlmgis�me after acceptance n with 190 Purchase Agreement, Seller shall furnish Buyerfederal court judgment of Title or n f Reg or of t prope 191 bankruptcies and state and federal IudB application for a title Insurance policy and notify Seller of the application. Buyer shad have` 1 92 have ten It 01, tten i objections orteatrBu,er's own expenset to make an appi5tered p Abstract either to have Buver s lawyer examine the title and prove of Title or n rind above, except that this shalt not operate as a waiver of Sellers covenam 794 ten 1101 busines ave waived any Co of m if Buver obtains title insurance. Buyer is not waivin ment made fo he in (10) day pe riod Deed is not specified above de Seller with a copy of the Commitment and written objections. B s a 193 Seller with w 195 be 19 be deliver a statutory warranty Deed, unless a Warr. g She tight to -hl to . 197 good and marketable title of record from Seller. a ment or make encumbrances for liquidated amounts which can be r 201 title marketable within the 120 day period- by p V ble. Up receipt of Buyer's title objections, Seiler shall, ele within ten (101 busnass days, notify Buyer a Seller's intention to o make 1g9 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyers written title objections to ma 198 I, Pending 200 markets P Liens or 202 from proceeds of closing shall not delay the closing. Cure of the defectioby o Buyersand proposed lender o documentation d doc establishing sh ng 203 correction of title, a ll payments required here in and the closing shall es postponed. shalt 204 A If notice is given and Seller makes title marketable, then upon h p rese nta t i on 205 that title has been made marketable, and if not objected to in the same time and manner to the o ri g ina l expires g l ob whhout title being g made ble for damages hereunder to 206 take place within ten It 0) business days or on the scheduled closing date, whichever is later. 207 B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day p lod 208 marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be lia Buyer• i refunded to on to make title marketable, or if notice is given but the 120 day period expires without titl being 209 the other, and earnest money shall be made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted t law, one a more d the following; 210 C If Seller does not give notice of intent g without waiver or merger in the Deed of the objections it title and without waiver of any remedies, and 212 i , Proceed to closing may: 211 213 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph la) shall be 214 limited to the cost of curing objections to title, and consequential damages are excluded!; or 215 (b) Undertake proceedings to correct the objections to title; ded herein, in which case the Purchase Agreement 216 2 Rescission of this Purchase Agreement by notice as provi shall be null and voi 217 and all earnest money paid shall be refunded to Buyer; wyer's fees, 219 4, S performan within six months after such right of action aril s its in any of the agreements herein, Seiler may elect as permitted by law; 220 D, If title is marketable, or is made marketable as provided herein, and Buyer defau payme g options, as permitted by law: to this contract is a down payment note, went notwithstanding cancellation; 222 1. Cancel this contract as provided by statute and retain a0 nts made hereunder as liquidated damages. The parties acknowledge their intention 221 either of the fallowin 223 that any note given pursuant and may be presented for pay 224 2. Seek ny no performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted by raw. 225 E. 2 title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 1 226 . Seek damages from Seller including costs and reasonable lawyer's fees; 227 2. Seek specific performance within six months after such right of action arises. 229 16. NOTICES. All notices required herein shall be in writing aness as shown at paragrap 228 d delivered personally or mailed to the addr 230 above and, if mailed, are effective as of the date of mailing. 232 17. SUBDIVISION OF LAND. If this sale constitutes or requir Seller shall pay all subdivision 231 es a subdivision of land owned by Seller, be conveyed 234 has been or w ill obtain all n r as governmen the pr o a of Closing Warrants that the legal description of the real property to 233 expenses 235 236 18. MINNESOTA LAW. This contract shall be governed by the laws of the State o Minn so to. 237 238 19. WELL DISCLOSURE. (Check one of the following:! 239 Seller certifies that Sailer does not know of any wells on the real property. 240 Wells on the real property are disclosed by Seller on the attached Well Disclosure form. 241 242 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. 243 (Chec,(c either A or B:I 244 _ A. Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency 245 (for example, a city or municipal sewer system). 246 _ B. Seller certifies that sewage generated at the property does not 90 to a facility permitted by the Minnesota Pollution Contro 247 Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). 248 !Check either C or D:1 248 — C. Seller does not know if there is an abandoned individual sewage treatment ms on the property If Seller system on the property. systems Minnesota law requires 250 D. Seller knows that there lstinike one:! are 1 are no abandoned individual sewage treatment 251 _ discloses the existence of an abandoned individual sewage treatment system on the property, 252 that the location of the system be disclosed to Buyer with a map. (Attach Seller's Disclosure of individual Sewage Treatment System 253 with map completed] 254 21. LEAD PAINT DISCLOSURE. /Check one of the following:! 255 Seiler represe y nts that the dwelling was constructed on the real property 1978 or later. 255 Seller represents that the dwellin fore 1978. (If such NG CONSTRUCTED BEFORE 1978'.) g was constructed on the real property be housing is located on the real prop - 257 arty, attached and made a part of this Purchase Agreement is 'LEAD PAINT ADDENDUM FOR HOUSI 258 law 260 any, Ethe existence O of E wed D aAND°Fe aod, or�flood plain Eo No affecting the real does propertyt If Buyer has not already investigated d these a, if [Check the box N the fallowing pmvlsion M ADDENDUM 261 concerns, Buyer might want to include Seller's disclosures regarding these concerns. appiies to this Purchase Agreement] 262 TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 11997), is 263 included as an addendum to this Purchase Agreement. 264 265 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties end representations f this Purchase Agreement by 266 executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, 117 -M, or 118 -M) Affidavh of Seller. 267 M.S.B.A. Real Property Form No. ' PURCHASE AGREEMENT I PAGE 4 Miller/Davis Co location. ., St. Paul, MN —Porto 1300 (1994: Rev. 1996; Rev. 1997; Rev. 20021 reeable Minnesota Standard Residentiurchase Agreement al P 268 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually a9 270 (State otherlocation:l 271 At closing, Seller and Buyer shall disclose their Social Secunri Numbers or Federal Tax Identification Numbers for the Purposes 269 272 completing state and federal tax forms. ��ig_ZP.fCLen 273 ac 274 25. ADDITIONAL TERMS: 275 _- 276 — 277 — — 278 _- 279 280 _ 281 -- 282 — 283 284 285 286 addenda which are made a part of this Purchase Agreement. 287 26. ADDENDA. Attached are ._ 5 — Agreement, 288 Agreement. originals of this Purchase Ag 289 27. TIME 1S OF THE ESSENCE. Time is of the essence for all provisions of this Purchase 290 have signed [number 291 28, MULTIPLE ORIGINALS. Seller and Buyer — - -- 292 293 294 295 296 perm its licensed reel estate made by any real estate representation may be 297 THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING CONSULT A LAW� re p Minnesota a 298 brokers end sales agents to prepare purchase agreements. No recommendation or re broker or sales agent as to the legal sufficiency 300 your lawyer. 1 agree to purchase the , the legal effect, or the tax consequences of this contract. These are questions or 299 for the price and terms and rice and terms and property for the p conditions set forth above. I agree to sett the property CITY OF NEW HOPE conditions set forth above. SELLER: (date) David J. Curry SELLER: (date) Barbara L. Curry BUYER: (date) By: CITY OF NEW HOPE BUYER: (date) By: This Purchase Agreement was prepared by: Steven A. Sondrall, 11103391 Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, NN 55443 Lawyer For Buyer Telephone: (763) 424 - 8811 Facsimile: (763) 493 -5193 Steven A. Sondrall Jensen & Sondrall, P.A. 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 103391 — are: N/A Selling Agent and Broker for this transaction are: N/A M.S.B.A. Real Propertv Form No ' Miller/Davis Co., St. Paul, MN —Form 7300 � 1994; Rev. 1996; Rev. 1997; Rev. 2002) PURCHASE AGREEMENT ! PAGE 5 Minnesota Standard Residential Purchase Agreement Telephone: Facsimile: Buyer's or Lender's Title Insurer: Old Republic National Title Insurance Company 400 Second Avenue South Minneapolis. MN 55401 M,I1Qr/DaV,S Co. ° St. PaW, MN 651.64 .gape$'® Form 1519WD (Re, WELL DISCLOSURE STATEMENT This form approved by the Minnesota Association of REALTORSq, which disclaims anv habilav arising out of use or nnsuse of this form. e 1999, Minnesota Association of REALTORS". Edina Mr` 1. Date 2. Page 1 of Pages THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Minnesota Statutes Sec. 1031.235 requires that before signing an agreement to sell or transfer real property. 5, the poperty. Th s requirement is satisfied I by deliver Bg the Buyer ether a nt by the Seller n wells or that the 6. the p p Y ert or a disclosure statement indicating the legal description 7. Seller does not know of any wells on the prop Y. 8 d cou n ty, welia whetheptheoweligs the f in urea no m use or well. aled the disclosure statement the Seller must in Icate. 9. f or each uyer and 10. Unle Bhe ex is er known a well , ell the me of , sale and before the or had reason Stolikn w who of the 11. to disclose 12, existence or known fees for t ell of costs from Seller, f thesactontis 9 ommenced within six well years sealing of the 13. reasonable attorney co llection where the well is located. 14. after the date the Buyer closed the purchase of the real property to contact 15. Legal requirements exist government, state agency, or qualified professional which egulatesawvellsdfor further 16. the local unit(s) of g 17. information about these issues. 18. Instructions for completion of this form are on the reverse side. 19. PROPERTY DESCRIPTION 55428 _- H ennepin 20. Street Address 4�l evada AtenLe I�orLh� H °Rem --- ' Zip Coumy City 21. LEGAL DESCRIPTION: ih as t 30 = of .o[ 2 i._Audit ' 22. - 23. - 24. 25. 26. WELL DISCLOSURE STATEMENT (Check the appropriate box.) 27, � The Seller certifies that the Seller does not know of any wells on the above described real property. 28, (If this option is checked, then skip to the last line and sign and date this statement.) 29. IV I Tha cPllPr rertifies that the following wells are located on the above described property. 30. MN Unique Well Year of 31. Well No. Depth Const. 32. Well 1 33. Well 2 34. Well 3 Well IN USE NOT IN Type USE SEALED IN 35, NOTE: See definition of terms "IN USE," "NOT IN USE," and "SEALED" on lines 82 -88. If a well is not in use, 36. it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the 37. Minnesota Department of Health and pay an annual maintenance fee. Maintenance permits are not 38. transferable. If a well is operable and properly maintained, a maintenance permit is not required. 39. SEALED WELL INFORMATION 40. For each well designated as sealed above, complete this section. 41. When was the well sealed? 42. Who sealed the well? 43. Was a Sealed Well Report filed with the Minnesota Department of Health? Yes- No-Unknown 44. MAP 45. Complete the attached MAP showing the location of each well on the real property. 46. This disclosure is not a warranty of any kind by the Seiler(s) or any Agent(s) representing and Party(s) in this 47. transaction, and is not a substitute for any inspections or warranties the Party(s) may wish to obtain. 48. CERTIFICATION BY SELLER 49. 1 certify that the information provided above is accurate and complete to the best of my knowledge. 50. David Cutry (Date) (Seller or Designated Repres 51. BUYER'S NEW N Barbara L. Curry (Date) (Seller or Designated Representative) CITY OF NEW HOPE 52. yy By (Date) ((Buyer) (Date) (euyer) 53. MN - WDS -1 (9/99) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHNIVI ED. MiIIeNDavis Co. ° St. Paul. MN 651.642- WELL DISCLOSURE STATEMENT 54. Page 2 of Pages. 55. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 56. DEFINITION 58. c "v ructed means f the excavation s intended rfordtheolocat on bored, 5 diversion, a rtificial recharge, or acquisition otherwise o cons groundwater. 60. MINNESOTA UNIQUE WELL NUMBER 197 61. All new wells constructed AFTER January 1, 5 should have been assigned a Minnesota unique well 62• number by the person constructing the well. If the well was constructed after this date you should have the 63. unique well unumber TER ur January 1 property reco d s. if o your nab le to lo ctoe. If no unique well um is ava able, 64. was constr 65. please indicate the depth and year of construction for each well. 66. WELL TYPE 67. Use one of the following terms to describe the well type. 68. WATER WELL: A water well is any type of well used to extract grou for privat and public se. 69. Examples of water wells are: domestic wells, drive -point wells, dug 70. wells. 71. IRRIGATION WELL: An irrigation well is a well used to irrigate agricultural lands. These are typically large 72. diameter wells connected to a large pressure distribution system. 73. MONITORING WELL: A monitoring well is a well used to monitor groundwater contamination. The well is 74. typically used to access groundwater for the extraction of samples. 75. DEWATERING WELL: A dewatering well is a well used to lower groundwater levels to allow for 76. construction or use of underground spaces. xtract 77. INDUSTRIALICOMMERCIAL WELL: An industrial/commercial well hermal thermalteble well wells ( to e pumps 78. groundwater for any nonpotable use including groundwater 79. and heat loops). 80. WELL USE STATUS 81. Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL. 82. IN USE: A well is "in use" if the well is operated on a daily, regular, or seasonal basis. A well in use includes 83. a well that operates for the purpose of irrigation, fire protection, or emergency pumping. 84. NOT IN USE: A well is "not in use" if the well does not meet the definition of "in use" above and has not 85. been sealed by a licensed well contractor. 86. SEALED: A well is "sealed" if a licensed contractor has completely filled a well by pumping grout material 87• throughout the entire bore hole after removal of any obstructions from the well. A well is "capped" if it has 88• a metal or plastic cap or cover which is threaded, bolted, or welded into the top of the well to prevent entry 89. into the well. A "capped" well is not a "sealed" well. 90. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 91 • contractor, check the well status as not in use. If you have any questions, please contact the Minnesota Department of Health, Weil Management Section at (65 1) 215 -0819 (metropolitan Minneapolis -St. Paul) or 1- 800 - 383 -9808 (greater Minnesota). Miller /Davis Co. ` St, Paw, mn ­ _ -- 19 Form 1519Y ADDENDUM TO PURCHASE AGREEMENT RE OF INFORMATION ON DlSPAL NT LEA BASED PAINT HAZARDS LEAD-BAS This form approved by the Minnesota Association of REAITORST, which disclaims any liability arising out of use or misuse of this form. c 2000, Minnesota Associations o REALTORS,', 1 EAL �S`, Edina. MN Date _ _____ Page Pertaining to the purchase and Addendum to purchase Ag reement between parties datedi H ooe Minnesota 55 sale of the property at 4 "17 bl ada_�Y�n't Section 1: Lead Warning Statement Every p om lead -based paint that ma}' place young children at risk of developing learn nt exposure to urehaser of arty interest in residential teal propem� on which a residential dwelling was built prior to 197S, is notified that such property may prese lea from par ticular risk u poison r ead -b permanent neurological damage. including learning disabilities poisoning in young children may p poisoning also poses a pa ing. Lead po g interest in residential real property is required to provide the buyer with any infon On reduced intelligence quo tient. behavioral problems. and impaired memon�. � the buyer of pregnant women. The seller of any aint hazards is recommended prior m lead -based paint hazards from risk assessments or inspections in the seller's possession and non . lead -based paint hazards. A risk assessment or inspection for possible lead-based p purchase. Seller's Disclosure (initial) aint and/or lead -based paint hazards (check one below). ez lain). _ (a) Presence of lead -based p Known lead -based paint and /or lead -based paint hazards are present in the housing P — Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing _ (b) Records and repots available to the seller (check one below): pertaining to lead -based paint and/or Seller has provided the purchaser with all available records and reports p _ lead -based paint hazards in the housing (list documents below) Seller has no reports or records pertaining to lead -based paint and lead -based paint hazards in the housing. El Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all Pro info rmat i o n e a oo li un from Lead abov Your Home, (d) Purchaser has received the pamp {e) purchaser has (check one below): period) to conduct a risk assessment or inspection for Received a 10 -day opportunity (or mutually agreed upon pe ) Il below); Or the presence of lead -based paint and/or lead -based paint hazards ion for the presence t of lead -based paint and/or Waived the opportunity to conduct a risk assessment or inspe leadfbased paint hazards. Real Estate Licensee's Acknowledgment (initial) (f) Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is ware of licensee's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information CITY OF NEW HOPE provided by the signatory is true and accurate. David J. Curry Date Purchaser Date Seller CITY OF NEW HOPE By: Date Barbara L. Curry Date Purchaser Seller Real Estate Licensee Date Real Estate Licensee Date Section H: Contingency (Initial only if first box under purchaser s of cknow ledgm n P (e ofa bo a is chec d f the T This contract is con ti n gent upon a risk assessment or an inspec P Petty lead -based paint hazards to be conducted at the purchaser's expense. The assessment or inspection shall be completed within ten (10)1 — calendar days after acceptance of the Purchase Agreement. This contingency shall be deemed removed, and the -(strike out one)- the Purchase Agreement shall be in full force and effect, unless purchaser or of seller assistin calendar on be purchaser delivers to seller or real estate licensee assisting or ac ting be hal f l icen s ee the a written list he the specific purchaser defic ienci e s and the corrections required, together assessment or inspection is timely completed with a copy of any risk assessment or inspection report. If the seller and purchaser not agree tions will d in writing within three ( e calendar days after delivery of the written list of required corrections that: (A) some or all of the required correc S made; or (B) the purchaser waives the deficiencies; or (C) an adjustment to the purchase price will be made, the Purchase Agreement shall automatically be deemed null and void, and all earnest money shall be refunded to the purchaser. It is understood that the purchaser may unilaterally waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate licensee assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver or removal in writing within the time specified. TLX:SMX (9/00) WARNING: uNAVTHORIZEO COPYING OF THIS FORM PROHIBM' MivarlDavts Co. Fo� 519SS (Re S'U= PRIVATE SEWER SYSTEM STEM Dal SCs OS oRE Thi form approved by REALTORS", which disclaims any habilM arising out of use or misuse of this torm. c 2002, Minnesota Association of REALTORS`, Edma. MN t. Date Pages: THE REQUIRED MAP IS 2. Page 1 of _.------- 3 ATTACHED HERETO AND MADE A PART HEREOF ------ -- - - -- legally described as follows n' 4. Property located at ue ne State of ___M11� 0 � - ___ County of r t SuF 5. in in the City of ct i 10of j p �5 fLUdiLO - - -- 6. attached sheet (the "Property ") any partylsl in this 7, kind by the Sellerls) or any Licensee(s) represe sh to obtain sting 8. This disclosure is not a warranty of any ies the Party(s) may 9. transaction, and is not a substitute for any inspections or warrant ADVICE AND/OR 10 B UYER(S) AND SELE AND n T0 PROVIDE FOR APPROPRIATE IPROVISIONS N A CONTRACTCBEITTWEEN E SEWER SYSTEM 11. OF TH 12 BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE /INSPECer 115.EFECT 55. The Seller disclosure satisfies MN, Statutes Chapteorspec> ve Buyers el may d rely on this 13. SELLER'S INFORMATION: The following The Seller(s) authorizes any Agentlsl t4. following information tion with d on what terms to P on with the knowledge that even though ufchase the P opertyty p of this statement to any person or entity in connec 15. information in deciding whether an 16. representing any partY(s) in this transaction to provide a copy the 17. any actual or anticipated sale of the Property. the system Into ' ndividual sewage treatment system at the time of sale, and who knew or had reason to 18. Unless the Buyer and Seller agree the contrary in writing before the closing of the sale, a Seller who fails to discl 19. existence or known status of an is liable to the Buyer for costs relating to bringing 20. know of the existence or known status of the system, ears after the date o which the Buyer closed the and for 21. compliance with individual sewage tre atment ment system m rules w ithin gable attorney fees for collection of costs from the 22. Seller. An action under this s uvhere the system is located. 23. purchase of the real property f government, state agency or qualified e 24. Legal requirements e xist relating t 1 various aspects of location and professional which regulates individual sewage status of individual sewage treatment systems. B uyer i s 25. advised to contact the local un 26. treatment systems for further information about these issues. This information is a 27. The following dare r p resentati o ns intended oo be part of any Seller(s) contract be the BuyeraandlSelleractual knowledge. to the extent of 28. disclosure 29. PRIVATE SEWER SYSTEM DISCLOSURE (CHECK THE APPROPRIATE BOX-) rivate sewer system on or serving the above described real 30. % The Seller certifies that the Seller does not know of any p tion is checked, then skip to the last line and sign and date this statement.) 31. property. (If this op stem is on or serving the above described real property. 32, F The Seller certifies that the following private sewer sy v seepage tank 34. Septic Tank: with open end 33. TYPE (Check appropriate box wi field and indicate location with attac system - tt��1i with drain fie �._. E] 35. Sealed System (holding tank) 36. Other (Describe): 37. is the sewer system(s) currently in use? Yes.____ No 38. NOTE: If any water use appliance, bedroom or bathroom has been added to the Property, the system may no longer comply 39, with applicable sewage treatment laws and rules. Yes No____ 40. Is the sewer system(s) in compliance with applicable sewage treatment system laws and rules. ? ____ installer Name /Phone: 41. When was the sewer system installed? 42. 43. Where is tank located? How often is tank pumped? 44. What is tank size? __ - -When was the tank last pumped? --- -- 45. Where is the drain field located? 46. What is the drain field size? __� 47. Describe work performed to the system since you have owned the Property: 48. 49. Date work performed /by whom: 50. Is sewer system entirely within Property boundary lines, including set back requireme Annual fee? 51. Is the system shared? __._------ How many units on system �-- -- 52. Comments: 53. On this Property: wash loads per week 54. Approximate number of: people using the sewer system _showers /baths taken per week _ 55. Distance between well and sewer system: z Yes No _ 56. Have you received any notices from any government agencies relating to the sewer system. _____. 57. If "Yes ", see attached notice. WAR ( /wzE) O I INHls t oaMPPao Y TO I BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Form 1519SS (Rev. 81021 Yes_ No 59. Are there any known defects in the sewer system. -- PRIVATE SEWER SYSTEM DISCLOSURE 58. Page 2 60. If yes, please explain 61. 62. 63. SELLER'S STATEMENT: (To be signed at time of listing) 64. 1 J We, Selier(s) of the Property acknowledge the above Private Sewer System Disclosure and MAP and authorize Listing Broker to disclose 65. this information to prospective Buyers. (Date 66. (Date)) (saner) Bar ara L. Cum - (seuert David J. Curry 67. BUYER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) Sewer 68. ]/We, sen Buyregardingtthe condirton of the Private Sewer System ha made, othe than tho e abov and agree thal I" 69 , rep LISTING 70, BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RES 70PONSIBLE FOR ANY CONDITIONS EXISTING I 71. THE PRIVATE SEWER SYSTEM. CITY OF NEW HOPE CITY OF NEW HOPE Bv: (Date 72. BY: (Date) (Buyer) (Buyer) 73. SELLER'S ACKNOWLEDGMENT: (To be signed at time of purchase agreement) of the above 75. hat condition of F the private sewer system Fis Ph R same S as noted above, l i�Iud including changes indicated above Properly, ch have 76. been initialed and dated. (Date) 77. (Date) (Seller) Barbara L. Curry (Seiler) David J. Curry 78 ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER Miller /Davis Co. ° St. Paul. MN 651- 642-19SF jw0rs -° Form 1519 MAP (Re,. 7,g:: PRIVATE SEWER SYSTEM AND /OR WELL LOCATION MAP This forth approved by the Minnesota Association o` REALTORS" which disclaims any 6abdtty arising out of use or misuse of this form. Date Pace= Page 1 of — (check all that apply! the location of each _ SEWER SYSTEM _ WELL on the Proper" 2. Please use the space below to sketch the real property being sold and . 3. Include approximate distances from fixed reference points such as streets, buildings and landmarks. 4. Property located at 7. MN -PSSWM (7/94) ORIGINAL COPY TO LISTING BROKER; COPIES TO SELLER, BUYER, SELLING BROKER M`S INARNMe: uNAVTHORIZED COPYING OF THIS FORM PROMWED. ATTACH ADDITIONAL SHEETS AS NEEDED 6. Seller and Buyer Initial: Selleris) Buyer(s) ADDITIONAL TERMS RELATING TO PURCHASE AGREEMENT FOR 4317 WINNETKA AVENUE NORTH Seller acknowledges and agrees they shall be responsible for all costs to seal the water well on the property prior to closing. Seller agrees they will provide Buyer with a sealing record or affidavit r ya licensed water well been legally sealed and abandoned. The affidavit shall prepared prior to contractor as required by the Minnesota Department of Health and provided to the City closing. The closing on this sale shall be delayed if Seller is not able o tian, provide may p oceed with with the water well sealing affidavit. The City, at its sole option, and closing and retain funds from Seller to be held in escrow City to properly e ow abandon the water well if Seller has not produced the requested shall be for 150% of the City's estimated costs, s determined the water well to be se may compl the closing, take possession of the property te The City may reimburse itself from the funds in escrow held from the proceeds payable to Seller at closing. Any monies remaining in escrow after the City's costs are reimbursed shall be immediately paid to Seller. If this option is elected by the City, the work shall be performed by the City within a reasonable time after it acquires possession of the property. SELLER: Dated: , 2003. David 7. Curry Dated: , 2003. Barbara L. Curry p A to PAADC ACKNOWLEDGEMENT AND WAIVER BY OWNERS The undersigned, all of the owners (the Owners) of the property known as 4317 Nevada Avenue North, New Hope, Minnesota, (the Property) acknowledge that they have been informed in writing of the following: o perates a scattered site housing program, 1. The City of New Hope (the City) p o properties in the Cit . The City will be Y involving the acquisition of certain p p it negotiating with the Owners for the acquisition of the property by the City; 2. No specific property has to be acquired. It is not required that the City purchase the Property; 3. The Property is not part of an intended, planned, or des ig a be acquired area within all of substantially all of the property within t specific time limit; 4. If the City is unable to reach a mutually satisfactory agreement on the terms for the purchase of the Property after negotiations wit such as condemnation, and; be acquiring the Property through any other means , 5. The City will inform the Owners of what it considers to be the fair market value of the property. In consideration of the City proceeding with the purchase s purchase Property sed a voluntary purc transaction, and Owners, the Owners confirm that this propo the Owners hereby waive all rights they have to relocation benefits under the Code of Federal Regulations, 49 CFR Part 24. warrant to the City that there are no The Owners also affirmatively represent ennc or leasehold rights in the Property. persons or entities with current or future Y Dated: Dated: O � , Yq sy IWI d i F 5001 Cedar Lake Road S. St. Louis Park, WIN 55416 office: (952) 252 -0405 Fax: (952) 252 -0407 �Q V City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 August 26, 2003 Dear Ken: A 20`'', 2003 for the Further to on to state that there r visit to the above referenced property on purposes of conducting a demolition asbestos inspection, we are prepared ble and non - friable asbestos containing building materials contained in or on the are friable fabric of the structure. e client's request not to break any holes in t s containing m eri Per the such as pipe/duct not inspect wall cavities, attic spaces, etc for as uspe they will insulation, attic insulation, etc. If as rulespand regulations Pertinent to later, he demolition subsequently be subject to the MPCA effort (notifications, etc). The friable asbestos containing materials are: tae on the ductwork 1. Approximately 230 -290 square feet of asbestos containing p and boiler in the bas ement. patches in the basement. 2. Approximately 2 asbestos containing flue p g spray s in the 3. Approximately 300 -320 square feet of asbestos containing ceilin y NW and NE bedrooms. linoleum in the 4. Approximately 320 -340 square feet of asbestos containing kitchen. is in the NW 5. Approximately 150 -160 square feet of damaged floor the and mas bedroom. The non - friable asbestos containing materials are: roximatel 200 -220 square feet of floor tile and mastic in the NE bedroom, NE I. App y bedroom and hallway. Eice Laboratory and on -site Indusirial Hygiene Services for the Hazardous A4aterial Abatennent lndustrY Full Ser� Na samples other than from the fabric of only building residential structure d demolition lo located 4317 taken or analyzed and this report relates Y please see Nevada Avenue North in New Hope, MN. 87 samples of suspect building material d in our laboratory by Polarized Light Microscopy. s were collected and analyze attached notes. roximatel one thermostat (possible mercury During the course of this survey app Y gallons containing switch), three fire alarms, one water heater, one cans refrigerator not t ti fifty g of miscellaneous household chemicals an Y paint From the asbestos stand point the structures s ready to from he demolished, only If after the all of the above listed friable materials ar cats o 1 non - friable materials are allowed to be left o ntaina(min mal amounts of) t category landfill 1 g' must be made aware that the demolition debris wi gulations non - friable asbestos containing material, subject to the MPCA's rules and re pertinent to the demolition effort (notifications, etc). If you have any questions, please call me at the number above. Thank you. Sincerely, Ri �y G R y N 4�. p Q Q aw o o h c cd a a a N C o n u u Q Q Q Z z z Q Q z a z Z Z Q zzv w L Ln rri W o 0 0 p G G u H U Q U Q 11 a It 11 II kn U E� F o O N O p O O O Ok O W O U Z aS O O O � O '.n v'i�_., � W Hu�u a ��o S V) O , In 0 0 t� U U � Q z z z U z Z Z U U U Z U x a b b H ` O w ❑ o b oo a oo N N O v1 d _ M N N N- oMI N N II 11 It 11 II (C3ii , r•+ in to Q A W w � Z .-+ �t � ° L O Q . 2 Q rn a rn Z Y Q 3 0 O O p aLO Q N N p N a E O O O U U O o o u y i y 0 p,, -U -i .. w s� SS f3+ > t3 M . X j" Z ; O cct d j = LL N Q b p O bA H E ' E Ta o 'n °' �' E� o -�i p ° o H o o 0 0 oQ $ o 0 0 �C N > Z �' X x J N Z o o E 0o - � 4Z UdU L U N o U � C a z z Z z A u a GA L!1 a+ c m CIS Q Z ' CIS N tL� 0 U N N G m C O 'a O 0 J m U N 12 0 aeY! 0 W �O to LO z O et m N CL In N N z CM 0 X tiNLL C • vcr-4 Tx N w 4i C J N N o m °' �V N r y <CLn0 a. 11 it II II II � U W H U ¢ c 00 E a; G aJ •O C u n n u u a a z A A 0 o.� N Qa .o 0 n u F Q Q 0 U e- O , �p w W @ c a � � N N N O ^d T ✓ a> a6 n. F. y 0 0. u n u u U z u z z v 11 it II II II � U W H U ¢ c 00 E a; G aJ •O C u n n u u a a z A A 0 o.� N Qa .o 0 n u F Q Q 0 U e- O , �p w W @ c a � � m000us J ZI ZI Z I ZI al d Z I Z I ZI I II Z p p p p p o p p p p o In O kn `n ON M z ZI QI I U I U I UI �I �I �I QI QI Z.I 1 0 00 GO '� �'" .-•' DD •--' 00 _ N N 4 v M M M ^d , a> F. y 0 0. o x oQ d� ti o� z a •° o a °q U U m000us J ZI ZI Z I ZI al d Z I Z I ZI I II Z p p p p p o p p p p o In O kn `n ON M z ZI QI I U I U I UI �I �I �I QI QI Z.I 1 0 00 GO '� �'" .-•' DD •--' 00 _ N N 4 v M M M w N O a Q) Q) C- Q) tts Q N N O v. N U U N N Z ¢S a a C as O 0 cz m a� U ^d , a> o� •° o °q U U o °� °' U U cn � U o w w w U ° 3 ' a5 x �2 oa a w N O a Q) Q) C- Q) tts Q N N O v. N U U N N Z ¢S a a C as O 0 cz m a� U � ♦ gi p tr u+ 1 t r LO to Z O d' w N ain N N to O � J � N � � s v�� Y. O N i N N CO u O d� -V N r V MO CD QLn0 .b N w a �F � y o G c CJ ✓ .�. O h t❑3 F 11 Il II II it U z z z v Y N 'o •D ,O„ O 0 O O O u u u a u � U W O W H U Q U H t� i O 0 F Q Q z 0 U a 7". ��eee0000000ul � So R E w2 ca cts Q IN N i O y N V N N C N ZS C 0 0 .L1 J 2- O O p p O O O O O� `n d� -o m al ° p Q Q Q Z Z Z Z Z Z 00 r a 00 N E w2 ca cts Q IN N i O y N V N N C N ZS C 0 0 .L1 J 2- -o m ° Q Q Q Z Z Z Z Z Z 00 w w 0 D G w O 00 O M � � N V> oo II II It II n u d in c o M pp It i CJ a a z A Q acn Z .b T T � O.. N n -0 8 M 00 y G U ° cC Z l C a N OA Z � ^C • a E w2 ca cts Q IN N i O y N V N N C N ZS C 0 0 .L1 J 2- 5001 Cedar Lake Road S. Inc. St. Louis Park, VIN 55416 office: (852) 252 -0405 Fax: (952) 252 -040 BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT ANALYSIS OF BU MICROSCOPY (PLM) City of New Hope Attn: Ken Dorsky for: 4401 Xylon Avenue North New Hope MN 55428-489 Client Job or reference: 4317 Nevada Ave N N„mher of samples: 87 METHOD AND DEFINITIONS (polarized light microscopy sa mples were analyzed using the EPA Interim Method # 600/M4-82 - 02 0 g a terial as one that contains The submitted damp l The method defines an asbestos- containinorms of serpentine and certain with optional dispersion staining). ieally in hand greater than 1% asbestos by weight, and asbestos is defined macroscopically or forms of specially after p amphiboles. While the fibrous and non fibrous f e generally those whose mean aspect ratios (length over wi dth) unde the distin are specimens, ction between tY asp is not clear on a microscopic lev olSe whose mean p Fibrous amphiboles a g enerally those given manufacturing. hiboles are g aspect ratio are used to assign a e are approximately >I0; non porous amphiboles an estimate of mean asp orted as microscope analysis, morphology hiboles are not rep approximately <6. During Y amphiboles are not pp fibrous of non fibrous categories. That n on-fibrous an n fibrous am mineral fiber population to f them may be regulated by OSHA under certain circumstanalso be usee o asbestos is consistent with ntr�ineral gical definitions, but does altstompdispersion staining y hazardous. Airborne con enerally phase contrast, although cent P dispersion staining used is g PERCENTAGE REPORTING volume percents estimated from stereoscopic giber e resent was determined using ercents from comparison to weight The percentage of ea ch f �p p error ranges. Errors are area percents from mounted slide examination les do have large down to as little as d examination, projected or percentage estimates under 10% r been percent standards. Such estimations are suitable for most greater than 50 %. Friable samples which have EPA estimated to be 100 relative percent un cert a inty rcenage estimates g dint- counted, according for 10 relative percent uncertainty f p dint counting may produce In low p f the above methods to contain less than 10 %raentge sample P estimated et require by NESHAPS. Interim Method, as req oints counted. er, the percentage of each fiber type in negatives or positives, due to the small numb aren� type of material or lay or the sample of each For samples consisting of more than one app le refers to that friability observed in the c each type of material or layer is determined a� lc o f ae sep arately; an overall average f ondition samp f rcability. fiber type is then calculated. The reported f not, due to the sampling process, analyzed broken, crushed, etc), and is not to be tosthetsample tested candsmayment of friability. Each Angstrom Analytica iatebialp rt relates y be representative of the ------------------------- - - - - -- -Date: August 26, 2003 Steve � I �� - - - -� A Wallinga, Angstrom A/ nalytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous l Abateme +�t industry a° b 5001 Cedar Lake Road S. Inc. St. Louis Park, VIN 55416 office: (852) 252 -0405 Fax: (952) 252 -040 BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT ANALYSIS OF BU MICROSCOPY (PLM) City of New Hope Attn: Ken Dorsky for: 4401 Xylon Avenue North New Hope MN 55428-489 Client Job or reference: 4317 Nevada Ave N N„mher of samples: 87 METHOD AND DEFINITIONS (polarized light microscopy sa mples were analyzed using the EPA Interim Method # 600/M4-82 - 02 0 g a terial as one that contains The submitted damp l The method defines an asbestos- containinorms of serpentine and certain with optional dispersion staining). ieally in hand greater than 1% asbestos by weight, and asbestos is defined macroscopically or forms of specially after p amphiboles. While the fibrous and non fibrous f e generally those whose mean aspect ratios (length over wi dth) unde the distin are specimens, ction between tY asp is not clear on a microscopic lev olSe whose mean p Fibrous amphiboles a g enerally those given manufacturing. hiboles are g aspect ratio are used to assign a e are approximately >I0; non porous amphiboles an estimate of mean asp orted as microscope analysis, morphology hiboles are not rep approximately <6. During Y amphiboles are not pp fibrous of non fibrous categories. That n on-fibrous an n fibrous am mineral fiber population to f them may be regulated by OSHA under certain circumstanalso be usee o asbestos is consistent with ntr�ineral gical definitions, but does altstompdispersion staining y hazardous. Airborne con enerally phase contrast, although cent P dispersion staining used is g PERCENTAGE REPORTING volume percents estimated from stereoscopic giber e resent was determined using ercents from comparison to weight The percentage of ea ch f �p p error ranges. Errors are area percents from mounted slide examination les do have large down to as little as d examination, projected or percentage estimates under 10% r been percent standards. Such estimations are suitable for most greater than 50 %. Friable samples which have EPA estimated to be 100 relative percent un cert a inty rcenage estimates g dint- counted, according for 10 relative percent uncertainty f p dint counting may produce In low p f the above methods to contain less than 10 %raentge sample P estimated et require by NESHAPS. Interim Method, as req oints counted. er, the percentage of each fiber type in negatives or positives, due to the small numb aren� type of material or lay or the sample of each For samples consisting of more than one app le refers to that friability observed in the c each type of material or layer is determined a� lc o f ae sep arately; an overall average f ondition samp f rcability. fiber type is then calculated. The reported f not, due to the sampling process, analyzed broken, crushed, etc), and is not to be tosthetsample tested candsmayment of friability. Each Angstrom Analytica iatebialp rt relates y be representative of the ------------------------- - - - - -- -Date: August 26, 2003 Steve � I �� - - - -� A Wallinga, Angstrom A/ nalytical, Inc. Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous l Abateme +�t industry rr • • 0 Lo C z- rj C - E 0 0) c) C) co a 0 0 -j a 0 CL C R E E I 0 cfl LO LO Z C13 CL =3 0 -j VJ • cz 0 43) R5 cz C) 0 C) LO cU C: E 0 2 4-1 0 0 0 76 on G .2 0 -j a 0 CL Ta cn ti 1-3 a 1-3 I • (0 " LO U Z co CL 0 cz 0 ry O -L to 0 0 LO 0 Li C: cri C13 E 0 2 0) LLI 0' Cl) ccl Cl) 0 uj co �10 0 ea 0) C) c C) Lo LO LO .�z U) 5 0 "0 cz 0 cr- (1) _Iyl M C) C) U 0 cd O OA E p M %V co co O E 0 2 4- (n 0) c IY 7f; • u ' • a • D 0 LO ex Lo w V T c3 G Q O b O r , � u a Q ®� O ® Y as Q v T N a C 0 R 0 O J U.. 0 C O a o O m u �N T L a C I 1 Y E z 6i tl E R N Z "J �r w v V X is IRE .a.... U.. 0 C O a o O m u �N T L a C I 1 Y E z 6i tl E R N Z "J �r w v V X is IRE ® 0 0 1�0 0 Q- Lo c ;a C3 d- E (D 0 D)o C. n- < to t1h I co z n U) ::3 0 U) 0 '!D co 0 ry a) V co —j m C) 0 0 U') 0 C: --Z' C13 co E 0 EO • • 0 - 0 0 Lo 7Fj L C) 7- "z C- Z E 0 0 . 5 0 V ; Lo on c 0 0 -j 'A VL C 0 V V) CD U -C 0 m 4Z5 r4 E 7 z CL E • • T3 0 -Q 0 kf) 'T3 CY. Lo 0) C) '2 0, LO c if; -0 E CL Q. O O �1 i --� -4 I.J ro -0 E CL Q. O O �1 i --� -4 I.J • 0 LO cx LO Q) CL MKIII, CD E z 0 CL E go Iff an • CD "It LO LO ne ti as CD E z 0 CL E go Iff V 0 0 NO - 0 p- Cl 41�r 0 Lr) rx- Lo 4r, E 0 C: 0 < LO C 0 0 -j twj WN I ✓\ J a Z E 0 0 00 E z 2 CL E N C 0 0 -j twj WN I ✓\ J a Z E 0 00 E z 2 CL E N • LO LO z CC 0 U) 0 rY 7 ? co co ✓\ J a Z E 0 00 E z 2 CL E N TV 0 IICO 0 U-) O)o c0 < LO co 't U U') n 0 0 0 co —j co O 0 O M Y IN 5001 Cedar Lake Road S. St. Louis Park, 16 office* * (952) 252"0405 Fax: (952) 252 -040 August 27, 2003 City of New Hope 440 Ke lonnAven e North 4402 Xy New Hope, Minnesota 55427 Re: - Limited Sco e Lead -Based Paint Testin Re ort aint testing conducted on Minnesota. Angstrom This report provides the resu evada Avenute Northein NewasHope, Minnesota. lead -based August 20, 2003 at authorized N ou to conduct field screen g Analytical, Inc. was authorized by y collect and analyze anal zer, and to paint using a field portable x -ra to fluorescence achieve conclussiive result s. paint chip samples, as necessary, Results report which lists d l of XRF and analysis are summarized in the following p Results nd D of Housing a �le1d data Showing all same e thresholds (see re all components exceeding p lete XRF marks) for lead -based paint. Comp results are attached. Methodology This instrument is a fished using a Niton XL -309 (300 Series). Testing was accomplished 2 depending upon the length in -situ testing and measurement instrument that renders an averag portable, non-destructive, er s uare centimeter (mg /cm) p the National precision of +/- 0.3 milligrams p square instrument contains a Te o f tthe e sample point is tested. Specific precision limits are establish, yctu of time th p of 10 m Ci. The This acture instr ument is Institute of Standards an`dth ea hmaximum activie odel is XFB320 isotope, Cadmium -1 s on the sourc erated by licensed lead sealed source i Niton Co r Minnesota Department of Health and reg istered with the is op g inspectors. • an Housing." May 1991 revision, recommended in HUD's "Lead -Based Paint: Interim Guidelines o Sampling protocols Paint. Where conclusive Hazard Identification and Aba tement l P re presence or absence of lead-based p s amples were or can be were used to determine XRF testing, confirmatory pa p results were not obtained analysis. collected for laboratory Y �te industrial Nyo�iene Services for tl�e Hazardous Material Abafemenf Industry Fuil Service LaL�crG� =fay and an s� Remarks ention Act The Lead -Based Paint Poisoning P rev lead based p aint hazards equal tohordgreater action than e l 0 for public housing. Under the statute, p ated. Standards for private or commercial mgtcm or 0.5 percent by weight must be ab housing vary by locality. All of the painted surfaces that were tested for lead based in the summary portion of this report were all in poor condition. ed further assistance, please call Charles Tye or Rob If you have any q uestions or ne Landowski at the number above. Sincerely, , / A-1 / Z , - - '- Rob Landowski Angstrom Analytical, Inc. O 5001 Cedar Lake Road S. o �� �� nalytical, Inc. St. Louis Park, MN 55416 office: (952) 252 -0405 o Fax: (952) 252 -0407 �p �o August 27, 2003 City of New Hope Attn: Ken Doresky 4402 Xylon Avenue North New Hope, Minnesota 55427 Summary of Findings Lead -Based Paint Screening by XRF of scope of our services was limited to the detection o lea d - based Minnesotap The s All measurement us e p a portable XRF at 4317 Nevada Avenue in New Hope, mg/en Confirmation Samples A. 1.02 Standard Northeast Bedroom, 1sc Floor 1) Brown Sheetrock 2) White Ceiling Spray 3) Brown Wood Window Trim 4) Brown Wood Window Sill 5) Brown Wood Window Sash 6) Black Wood Window Well 7) Black Wood Window Jamb g) Black Wood Exterior Window Sash 9) White Wood Door Northwest Bedroomq 1st Floor 10) White Sheetrock Wall 11) White Wood Window Trim 1.0 1.0 1.0 0.0 0.3 0.5 0.3 0.4 0.5 2.9 0.3 0.0 I Full Service Laboratory and on -site Industrial Hygiene Seer vices for the Hazardous Iv/jateria/ Abatement Industry Northwest Bedroom, 1St Floor Continued 0.3 12) White Wood Window Sill 0.6 13) White Wood Window Sash 0.3 14) Black Wood Exterior Window Sash 6.3 15) Black Wood Window Well 4.2 16) Black Wood Window Jamb Kitchen, 1S Floor 0.4 17) Yellow Sheetrock Wall 0.3 18) Yellow Sheetrock Ceiling 0.3 19) Yellow Wood Window Trim 0.2 20) Pink Wood Window Sill 0.3 21) Yellow Wood Window Sash 6.2 22) Black Wood Window Well 4.2 V3) Black Wood Window Jamb 0.3 24) Black Wood Exterior Window Sash Bathroom, 1st Floor 0.1 25) Tan Sheetrock Walls 0.1 26) Tan Sheetrock Ceiling House Exterior, 1S Floor 0.5 27) White Stucco Walls 4.6 28) Black Wood Window Trim 3 29) Black Wood Window Sill 4.8 30) Black Wood Window Sash 6.2 31) Brown Wood Window Trim 2.6 32) Black Wood Soffit 2.1 33) Black Wood Fascia Garage Exterior 2.5 34) White Wood Siding 0.1 35) White Wood Overhead Door 0.0 36) Black Wood Overhead Door Trim 0.7 37) Black Wood Overhead Door Frame F Inc. 5001 Cedar Lake Read S. St. Louis Park, MN 55416 office: (952) 252 -0405 Fax: (952) 252 -0407 City of New Hope Attn: Ken Doresky 4401 Xylon Avenue North New Hope, MN 55428 -4898 September 18, 2003 Dear Ken: urther to our follow -up visit to the above referenced pro pon dated Augusb2616�0300e for on Septe F th purposes of amending our demolition asbestos p no re ared to amend our first survey and state that �oe e e add on the fabric of the a dditional asbestos containing building material structure. Per the client's request we did not to break any ho bsequently, You lrequested, dAngstrom first visit to the above referenced property. Analytical, to perform a follow -up visit and inspect these areas. were No samples other than from the fabric of the nl b� ldheg es dentialastruct �e d lo ated at 4317 taken or analyzed and this report relates only uilding Nevada Avenue North in New Hope, MN. 6 additional polarized o f su p ect bo c opy materials were collected and analyzed in our laboratory by Please see attached notes. From the asbestos stand point the structure is tpoebYd Im l hat�egory 1 n er all of the friable materials are removed from p cate o 1 non - friable friable materials are allowed to be left in place for the amo demo f)e land oy n be made aware that t he demolition debris will contain (minim a asbestos containing material, subject to the MPCA's rules and regulations pertinent to the demolition effort (notifications, etc). If you have any questions, please call me at the number above. Thank you. Sincerely, Steve Wallinga Angstrom Analytical, Inc. _4AL lt*� Service La ��oratorY and nn -siie lndustr_ial i-tygione Sen�ices fvr the Hazardous material Abatement !nd� Fu 1 1 a c a� m m N O RS N iC1 Z N L O U N U N N N tit N O a c a� �n c O a s; c� 0 0 .Q c� a� U N 2 O ki62 , k ngstroM O hX o 5001 Cedar Lake Road S. St. Louis Park, 55 16 office: (952) 252 Fax: (952) 252 -040 SAMPLES FOR ASBESTOS USING POLARIZED LIGHT ANALYSIS OF BULK MICROSCOPY (PLM) City of New Hope Attn: Ken Dorsky �d for: 4401 Xylon Avenue North New Hope MN 55428 -489 Job or reference: 4317 Nevada Ave N umber of sa mples: 6 METHOD AND DEFINITIONS ( polarized light microscopy d using the EPA Interim Metho les were analyze #600[M4-82-020 s-cont fining mate material as one that contains The submitted samp forms of serpentine and certain staining). The me ersion stainthod defines an asbesthe fibrous hand with optional lisp macros cop ically in we ight asbestos is defined as , an the fibrous f greater than 1% asbestos by g minerals are discernible macrosco p or amphiboles. While the fibrous and non fibrous forms °f is level, especially of p rocessing under the generally those whose mean aspect ratios (length over width) ratios are specimens, the distinction between them is not clear on a micro those whose mean asp Fibrous amphiboles are g y a mphiboles are generally n a given manufacturing. approximately >ID; non fibrous amp mean aspect ratio are use g microscope are app analysis morphology and an estimate of d to ass approximately <6. During ca tegories. That non fibrous amphiboles armphibolesoare not to fibrous of no n - fibrous definitions, but does not imply that non-fib mineral fiber population may also be used. hazardous. Airborne concentrations asbestos is consistent with mineralogical be regulated by OSHA under certain circumstances. The type ° 12ase contrast, although central stop dispersion staining of them may dispersion staining used is generally p PERCENTAGE REPORTING percents estimated from stereoscopic volume p royy comparison to weight e o each fiber type present was determined using ercents f es Errors are The percentage f percents from mounted slide exam) lestObuado have large error rang examination, projected area p down to as little as or percentage e mates under 10% ranging which have been perc ent standards. Such esti a uncertainty, estimates f p most sam to the E0 relative percent or percentage greater than 50 %. Friable samp PA estimated to be 10 es t counted, according oin roduce false 10 relative percent uncertainty f P point counting may p estimated by the above methods to contain less than 1percentage sa mples, p as required by NE l numb In low percentage o fiber type in Interim Method, Points counted. percentage f each negatives or positives, due to the small number of material or layer, the p or the sample of each les consisting of more than one app p y an overall average f For samp rtiability observed in the condition e o material or layer is determined and reported se lea firs to that f se ved each type f orted friability of a sample fiber type is then ca lculated. The rep le tested and may not, due to the sampling process, etc and is not to be substituted for an on -site assessment of fri analyzed (broken, crushed, )_ Each Angstrom Analytica n2atebialp rt relates only to the samp be representative of Date: September 18, 2003 -------- a Angstr m Analytical, Inc. Steve Walling a, Full Service Lahorufory and on-site Industrial HYgiene Set vices for the Hazardous lVIaterial Ahaleme'nt Industry «. ¢ � \< \\ � 0 w. e . � d � � \ U � \ � � \ U � � � � w & / < e Q \ d\ U -0 m 0 � 2 m � \ � ¢ U � .O LO 0 k co v � m Q E 2 @ � c MY JENSEN & SONDRALL, P.A. Attorneys At Law DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A. SONDRALL October 22, 2003 STAGY A. WOODS OF COUNSEL Ken Doresky LORENS Q. F COUNSEL Community Development Specialist City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 4317 Nevada Avenue North Our File No.: 99.1128 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 Dear Mr. Doresky: d the following original documents which have been Enclosed with this letter you will fin placed of record with the Hennepin County Recorder: 1. Document No. 8159069 - Certificate of Trust; 2, Document No. 8159070 - Affidavit of Trustee; =Warrant 1 /2 interest); 3. Document No. 8159071 ' /z interest); and 4. Document No. 8159072 y 5. Document No. 8159073 - Affidavit Regarding Sellers. Although recorded, these documents should be retained by you in a place of safekeeping. I have requested the Owner's Title Policy within the next p few weeks, Once Title Once I have the Company and we should receive the same Owner's Policy, I will forward the same on to you. Thank you. Sincerely, .„ Janet L. Burke Paralegal JENSEN & SONDRALL, P.A. jlb@j ensen- sondrall . com After Hours Extension 'Real Property Law Enclosures Specialist Certified By The Minnesota State Bar Association ''Admitted in Iowa P: \Attorney \1LBU - Client Fo1ders \CNH \CNH99.11284 - 013- Doresky Ltr.doc a0 9 �j i JS FORM 40.1 -M - CERTIFICATE OF TRUST By I ndividual STATE OF MINNESOTA COUNTY OF HENNEPIN ss. David J. Curry, being first duly sworn, on oath says: 1. The name of the Trust is: The David C. Curry Revocable Trust. 2. The date of the Trust Instrument is: March 26, 1998. 3. The name of the Grantor /Settlor is: David C. Curry. 4. The name of each original Trustee is: a. David C. Curry. b. David J. Curry. 5. The name and address of each Trustee empowered to act under the Trust Instrument at the time of execution of this Certificate is: David J. Curry, 6000 Medicine Lake Road, Crystal, Minnesota 55422. 6. The Trustee is authorized by the Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, EXCEPT as limited by the following: None. 7. Any other Trust provisions the undersigned wishes to include: None. 1 f1i F b 59 . _ JS FORM 40.3 -M - AFFIDAVIT OF TRUSTEE TRUST INSTRUMENT CERTIFICATE OF TRUST OR STATE OF MINNESOTA ss. COUNTY OF HENNEPIN David J. Curry, being first duly sworn, on oath says that: 2003, 1, Affiant is a Trustee named in that certain , 2 0 0 erasfiD current N mb dated August in the office and filed for record Minnesota, regarding the Trust named of the County Recorder of Hennepin County, The David C. Curry Revocable Trust, which Certific1atne Co Trust Mnnu esot executed legaly in Hennep Affiant, and which relates to real property described as follows: t in an d to the East a 3 feet of Lot 25, Auditor's An undivided one -half interes Subdivision No. 324 Hennepin County, Minnesota The name and address of the Trustee empowered to act under the Trust Instrument at 2. ffidavit is: David J. Curry, 6000 Medicine Lake the time of the execution of this A Road, Crystal, Minnesota 55422. 3. The Trustee who has executed that certain i Teand the City the of New Hope, a de above, between David J, Curry, as ru Minnesota municipal corporation, dated August 2003: 1 Is empowered by the provisions of the Trust Instrument to sell, convey, pledge, mortgage, lease, or transfer title to any a• interest in real property held in trust; and required by the provisions of the Trust b, Is the requisite number of Trustee(s) q Instrument to execute and deliver such an instrument. The Trust has not terminated or been revoked. There has been no amendment to the Trust Instrument which limits the power of Trustee to execute and deliver the instrument described in paragraph 3. The Trust is not supervised by any Court. A ffiant does not have actual knowledge of any facts indicating that the Trust is invalid. 4. 5. 6. 7. David J. Curry (Notarial Stamp or -- STMI X SONDRALL C — MINNESOTA X, v,'... Jan. 31, 2005 a THIS INSTRUMENT WAS DRAFTED BY: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 -1999 (763) 424 -8811 P; \Att0M.yULB \1- Client Folders \CNH \CNH99.11284 - 004- Af"d -it.d- 2 r r- �1,D9� [ Ci'ICEOFCCUNiY';CCORM PRIOR TAX S PA1� �eeir� cou:arx ni �9� soTA Ices TAXFI+i'� T ED CERTIFIED R ) TfIAN F , SEP 10 2003 2003 SEP 10 Pr 12. 29 urarr nnlwN: cat 1, }r 59071 A'gk. c.. REC. pEPUT'r r7� PI)TY JS Form No. 37 -M TRUSTEE'S DEED BY INDIVIDUA /� 'l,` �a # 1138th DEED TAX DUE HEREON: $ _._ `� Date: August �_ a 2003. CONSIDERATION, David J. Curry, as Trustee of The David C. Curry FOR VALUABLE corporation, 1998, Grantor, hereby conveys to the City of New one -half interest in and to real Revocable Trust under agreement dated March 2 Hope, a Minnesota municipal undivided described n, Grantee e, , an follows: property in Hennepin County, Minnesota, The East 130 feet of Lot 25, Auditor's Subdivision No. 324, Hennepin County, Minnesota; Subject to and together with easements, restrictions and covenants of record; urterances belonging thereto. WELL CERTIFICATE WAS RECEIVED ( — 1 together with all hereditaz n�n app TRUS David J. Curry STATE OF MINNESOTA ss. COUNTY OF HENNEPIN `� of August, 2003, by David The foregoing instrument was acknowledged able Trust under agreement dated March 26, 1998, J. Curry, as Trustee of The David C. Curry evo Grantor. (Notarial S— o a rN �S"tEVEN A. SONDRA� L• Ty0 IAINNESOtA Public ��,, � Notary e r THIS INS`FKUiv> -141 L— u - Jensen & Sondra% P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 ( 424 -8811 Tax Statements for the real property described in this instrument should be sent to: City of New Hope 4401 Xvlon Avenue North New Hope, MN 55428 p:1AltomeyVLH Cli peed.doa F.I,,- 1CNH1CNH99.11284-�5- Tnutee OFFICE OF COUNTY s'cC +us° FENNENH COUNTY. MIN ESCT,'� �pt3�t P4�iGFaFAAY PAID •fp\Xpf�F E- NTERED TRAN�'� 8159 l CERT9FIEO FILEO 2903 SEP 10 PM 12: 29 SEP 10 2003 r ,�» • s COCUME 81590 72� C. JS Form Noe 3 -M — WARRANT p m Y DEED ership individual(s) to corporation C SOT Hemi 3ES.�2ti aY 1136117 STATE DEED TAX DUE HEREON: S ml,_`= Date: August _.2003. $ 141iO ALUABLE CONSIDERATION, Barbara J. Curry and llavid J. Curry, wife and FOR V and warrant to the City of New Hope, a Minnesota municipal e � Hennepin County, husband, Grantors, hereby convey prop corporation, Grantee, an undivided one -half interest in and to real Minnesota, described as follows: 25, Auditor's Subdivision No- 324, Hennepin County, Minnesota; The East 130 feet of Lot , restrictions and covenants of re Subject to and together with easements together with all hereditaments and appurtenances belonging thereto. Barbara J. Curry David J. Curry _ WELL CERTIFICATE WAS RECEIVEU 1.»»— STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was ac k n owledged d husband, Grantors• this Barbara J. Curry and David J. Curry, day of August, 2003, by STEVEI�t A SONDHALI s kimpme— MINNESOTA kb my ml 31 . 5 ■ • I ruTS INSTRUMENT DRAFTED BY: Tax Statements for the real property described in this instrument should be sent to: Jensen & Sondra% P,A` Suite 201 8525 Edinbrook Crossing, B rooklyn Park, MN 55443 (763) 424 -8 City of New Hope 4401 Xylon Avenue New Hope, MN p: \,k=..y\nLB \t -Cliwt FoidM \CNH\CNH99.11264 -0WL -&d OFFICE OF COUNTY EZMQ OE-t VENNEPIN COUNTY. �1I;;N'ESOT.^. ly� , �� 8I.590, '16) CER TIFIED ;I C 263 SEA 1 0 �.l5k90'973 AS OUCUMENI # nY._ (Above Reserved For Recording rata) AFFIDAVIT REGARDING SELLERS STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) on oath say that: Barbara J. Curry and David J. Curry , wife an d husband, being first duly sworn, A st 1 , 2003, and filed for I. 2. 3. 4. 5. office of the County Recorder of Th are the persons named as Grantors in the document date the o record 2003, as D No��S� Hennepin County, Minnesota. at: Said persons are of legal age and under no legal disability with Places of business, respectively and for the last ten (10) years have resided at: 6000 Medicine Lake Road, Crystal, MN 55422 - 5 years 2455 Manchester Drive, Golden Valley, MN 55422 - prior. The social security numbers of said persons are: Barbara J. Curry - SS# 474 -70 -22 David J. Curry - SS# 477 -44 -08 There have been no: tc divorce or dissolution proceedings involving said persons during the time a. Bankruptcy . es described in the above period in which said p ersons have had any interest in the pre1 document ( "Premises"). ending in any courts h. Unsatisfied judgments of record against said persons, nor any actions p which affect the Premises. 6. VA C. Tax liens filed against said persons. against parties with the same or Any bankruptcy, persons have had any interest in the tc divorce or dissolution proceedings of r ecord ag tc filed s mear names, during the time period in which the above -named p ainst the above -named persons, and specifically n a that securi numb as Case No. 0- 4366 er of Premises, are not ag 6, wherein the debtor was Barbara J. Curry 305 -54 -36 or tax liens of record against parties with the same or similar names are not against Any judgments ersons, and specifically certain State Tax Lien not that No. 124398242000 e ta7p the above -named p 18 2000, as Document No. 7262462, wherein the taxpayer dated February 10, 2000, filed February was Barbara J. Curry with a social security number of 305 -54 -3 637, There has been no labor or materials furnished to the Premises for which payment has not been made. 8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises. ursuant to a recorded 9. There are no persons in possession of any portion of the Premi other than pursuant document. 10. There are no encroachments or boundary line questions affecting the Premises of which A cants have knowledge. 11. This Affidavit is made as respects the following described property: The East 130 feet of Lot 25 Auditor's Subdivision No. 324, Hennepin County, Minnesota. of inducing Affiants know the matters he rein stated are true and make this Affidavit for the purpose the passing of title to the Premises. Bbara J. C Curry Aj � or Sea) ® ■ Subscribed and sworn to before me this r y MM a SONDRALL Of __t�.�,� 20 pp�Ap FuuX — MINNESOTA . (xj�ry6 JeM1 31, 2005 o Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 p;\pvamryULB \1 -Clirnt Folders\ CNH \CNH99.1128A- 007-A1£d"'ic.dac WATER WELL STATUS REPORT /,:�% M I N N E S O T A Minnesota Department of Health Well Management Section, P.O. Box 64975, St. Paul, Minnesota 55164 -0975 No (651) 215 -0811 or 1- 800 - 383 -9808 Letter Typ e: A Status of Well: NOT IN USE Date: April 1, 2004 Identification No 368143 -1 Total Number of Wells Disclosed: 1 LEGAL DESCRIPTION OF WELL LOCATION TWP -RNG- SEC- QTRSEC: 118- 21- 17-- -NE -NW Lot -Block #: 25- Addition: AUDITORS SUBDIVISION NO. 324 4317 NEVADA AVENUE NEW HOPE County: HENNEPIN Daytime Telephone Number PROPERTY OWNER MAILING ADDRESS (763) 531 -5100 NEW HOPE, CITY OF 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428 legal description of well location and property owner mailing address printed above, make any corrections or 1. Please review the changes that are necessary, and provide a daytime telephone number. The legal description includes the section and township an is available from the county recorder or assessor. 2. Please check the present status of the well and then continue to item 3 and 4 below. Well is "in use." If the well was in use when you purchased the property, check here ❑ . The well is operated on a daily, regular, or seasonal basis which may include a well that operates for the purpose of irrigation, fire protection, or emergency pumping. p 9• Well is "not in use." ve and has not been sealed by a licensed well contractor or a licensed The well does not meet the definition of "in use" abo well sealing contractor. ell is "sealed." rout material throughout the entire bore hole licensed well contractor or a licensed well sealing contractor has pumped grout if it has a metal or plastic cap or cover mp and any obstructions from the well. A well is ,capped" ed" well is not a "sealed" after removal of the pu which is threaded, bolted, l d has n been sealed by l a t lice sed entry ont act r or licensed well or contractor, well. If the well is not in u se an criuUM t iv VV 3. Please follow the instructions that apply to the status of the well. lease attach a copy of if you checked "in use" above, and the well eiptsa opa laced des c ipt on of the performed purchas the property, p the well contractor's invoice, equ t p rr If you checked "not in use" above, you can either: is A. Have the well put back into service within 60 days. After the e w pment o ch e c k description of the work performed. and send in this farm with a copy of the well contractor's in q B. Have the well sealed by a licensed well co ntrator and this form along with g the Well contrac nd Boring Sealing Record. well as been sealed, check the status as sealed" and C. Apply I for a maintenance permit by completing the MAINTE ab a to he Minnesota Department of Health. o If t hi s pproved, the f orm an returning it with a check or money order for $125 made pay maintenance permit must be renewed annually and will require an annual fee of $125. If ou checked "sealed" above, attach a photocopy of the Well and Boring Sealing Reco of this re cord e o d wwith you R wh Y o you should receive directly from the licensed contractor. Please be sure to keep y paper s. 4. Please sign the form and return it to the Minnesota Dept a to the best of my knowledge. I certify that the information provided on this form is =� Date Property Owner Signature MARKS, SOUROEr TA'6725 LTiE� 31” S N �olog( JJ II 't Ave. A wll 50 Water Level in Above Date Water Level Takene 141/25 map Code I � p�a / -•e s �.j 215613 Iivip( RTANT -FILE WTH PROPERTY H PAPERS -WELL OWNER COPY [I Remove CASINGS, OR CA Perforation/Remova AETHOD USED TO SEAL ANNULAR Annular B Spa eE9 ro uted w ft. C3 ith tremie pipe ❑ Casing Removed ,�No Annular Space Exists C] ❑ Perforated in. from - - —_ ft. ❑ Perforated [3 Removed in. from ---- to ---- _--. -- Type of perforator [] Other one bag of bentonite = 50 Ibs.) (One hag of cement = 94 lbs., p ;ROUTING MATERIAL(') � 4V ft 0 1! yards f_-- -- bags Minnes to Well and Boring 5 Grouting Mate rfal ft MINNESOTA DEPARTMENT OF HEALTH RECORD Sealing No. Minnesota Unique well o. ft L iELORiNG LOCATION WELL ACID BORING SEALING p� " W .series No. OTHER WELLS AND BORINGS ❑ Yes ,`No How many? Count'; ,Name Minnesota Statutes, Chapter 103! Date Well or Boring Constructed ti contained in this report' 7 � No. Range No. Section No. Fraction ism � 1 9) Date Sealed y,,, oc: 3GT 8, 2003 iJ31�d 71415 Township Name Township �1 �L 17 N"v or Registration No. 4t) ft. y NeW �flPe 29N 21 �� ft. Original Depth —seconds degrees minutes ds g Depth Before Sealing STATIC WATER LEVEL GPS Latitude LOCATION: Longitude degrees ____ --- minutes minu seconds AQUIFERS) �gingie Aquifer [1 Multiaquifer ,Measured C3 Estimated Numerical Street Address or Fire Number and City of Well or Boring Location N°� WELL/BORING Water Supply Well ❑ Montt. Well 6 _ft below C3 a bove land surface 4317 'Nevada Avenue Sketch map of well or boring of well or boring location, showing property ,X [3 Env, Bore Hole ❑ Other.____-=-- _ — - Show exact location in section grid with "X" Tines, roads, and buildings. CASING TYPE(S) N P p s,el ❑ Plastic ❑ Tile ❑ Other { WELLHEAD COMPLETION ❑ Basement Offset Inside: :�_ i" E Outside: ❑ Well House W ❑ PitlessAdapter /Unit (] Well Pit __,�__ ,,�^�'„"" 171 Buried -` , -- 4 - ❑ Well Pit -Buried CASING(S) Set in oversize hole? Annular space initially grouted? No , y Unknown � C e PANY NAME Depth Diameter n 41 / �No 7 e J ft ' ❑ Yes y ❑ PROPERTY�O�WANTew rs rs than well location address indicated above 2 in. from_ ---- -- to ❑ No ❑Yes ❑ No C] Unknown Prope owner's mailing address rty if different to -- ft ❑Yes _„�l N in. from.-------- ❑ Yes ❑ No ❑ Unknown 44411 Xy10n avenue, ft ❑ Yes ❑ No e Tim 554413 in. from _--- - to _ — - — ' N SCREEN /OPEN HOLE 37 � 40 ft. Open Hole from t ft. - — -- - — WELL OWNER'S NAME/COMPANY NAME Screen from _-- — — to ---� Well owner's mailing address if different than property owner's address indicated above OBSTRUCTIONS Debris f - 1 Fill ❑ Valve(S) 11 No Obstruction gRodslDrop Pipe ❑ Check P i a & Jet Type of Obstructions (Describe) removed? I<YeS ❑ No Describe HARDNESS OR FROM TO Obstructions MATERIAL COLOR FORMATION pUMP GEOLOGICAL If not known, in dicate estimated formation log from nearby well or boring ra „ ^� 4? Type ❑ Other 43 d 2<Not Present SING AND BORE HOLE: MARKS, SOUROEr TA'6725 LTiE� 31” S N �olog( JJ II 't Ave. A wll 50 Water Level in Above Date Water Level Takene 141/25 map Code I � p�a / -•e s �.j 215613 Iivip( RTANT -FILE WTH PROPERTY H PAPERS -WELL OWNER COPY [I Remove CASINGS, OR CA Perforation/Remova AETHOD USED TO SEAL ANNULAR Annular B Spa eE9 ro uted w ft. C3 ith tremie pipe ❑ Casing Removed ,�No Annular Space Exists C] ❑ Perforated in. from - - —_ ft. ❑ Perforated [3 Removed in. from ---- to ---- _--. -- Type of perforator [] Other one bag of bentonite = 50 Ibs.) (One hag of cement = 94 lbs., p ;ROUTING MATERIAL(') � 4V ft 0 1! yards f_-- -- bags T ry �+ to— N eat t from._ -- Grouting Mate rfal ft yards _ - - bags from_-- ---- -- to ..._- ---- -° ft yards bags _--. -- OTHER WELLS AND BORINGS ❑ Yes ,`No How many? Other unsealed and unused. well or boring on property? CONTRACTOR CERTIFICATION Rules, Chapter 4725. The i ti contained in this report' LICENSED OR REGISTERED C accordance with Minnesota was sealed This well or boring knowledge• true to the best of my 71415 O In F_14. Rennes Gat. S� T License or Registration No. Coatrld&,Susiness Name ;�°�- 10/ 16/03 �,`� x �` -.N•t, Date Authorized Representat�i S t he } ture Kevm She tedein c Name of person Sealing Well or Boring COUNCIL ME Originating Department Community Development By: Kirk McDonald, Director of CD & Ken Doresky CD Sp ecialist RE QUEST A CTION Approved for Agenda Agenda Section Consent Item No. M RESOLUTION ORDERING PUBLISHED NOTICE AND PUBLIC HEARING ON SALE OF 4317 NEVADA AVENUE NORTH (IMPROVEMENT PROJECT 734) ACTION REQUESTED Staff requests Council approval of the attached resolution a ordering venue published to notice the Northwest com hearing date of April 26, 2004 for the sale of 4317 Nevada On March 22, the Revitalization Corporation (NCRC) Community combinDed Development es of 433177 4301 Ne ada Ave. N. from the EDA considered a development proposal for the NCRC and directed staff to proceed with a purchase agreement for the sale of 4317 Nevada Ave. N. tot e NCRC for $1. POLICY /PAST PRACTICE City goal #2 is to emphasize the maintenance and redevelopment l portion o of r this goal through the city's properties Yg ny within the city. The Council has been addressing the reside housing activities, including partnering with non - profit housing developers for the development of property within the city. On a yearly basis, the city allocates CDBG funds for eligible scattered site housing projects. BACKGROUND On March 22, 2004, the EDA directed staff to proceed with r ai proposaiCThe proposal is agreement for the sale of 4317 Nevada Ave. N. to the NCRC to facilitate the re p lacement of the 2 existing blighted single- family residential pro ed s rties t o The att r and 4 o wile Nevada Ave. N. with 6 affordable owner - occupied townhomes on the c staff's action of publishing notice and scheduling the public hearing for April 26, 2004. royals for the proposed development. A closing would The purchase agreement will be subject lanni� approvals pn i are granted. I not take place until after the proper planning Staff recommends approval of the resolution. FUNDING will CDBG funds in the amount of $83,000 were used to purchase 4317 Nevada Avenue North. CDBG funds MOTION BY � Gi� I SECOND BY TO: I: \RFA \PLAN \Housing \4301 \Q - 4301 -17 Schedule PH for Sale to NCRC.doc Request for Action , be used for demolition and site restoration (following road restrictions, May 17 A portion Of the COBG funds invested in the project would O also be returned t0 city GS program income upon the sale of the units. Any program income generated • Resolution • Public Hearing Notice Provided in March 22'2OO4council packet ° NCRCP[VpomG\ Provided iO November 11,20O3 Council packet • Location Map • Topographic Map • Section Map • Aerial Map • Rejected DHV8\opn88Dt Site Plan ' • Comprehensive Plan References • Hennepin County Parcel Data CITY OF NEW HOPE RESOLUTION N{}. 04- 69 RESOLUTION ORDERING PUBLISHED NOTICE AND PUBLIC HEARING ON SALE OF 4317 NEVADA AVENUE NORTH WHEREAS, Ul8 [ib/ Of N�Vv Hope (the City) previously held fee OvvOeFShip of certa [e@ ` ' ` North (the PPD���y) |��a desc ``' '�' '-- — �� 4317 N8V@d8 /4��OU� O . . �v k�OvVD 3� ., ... ,-_ Property), _ property �"' ' '`~`~~~ Avenue as: The East 130 feet of Lot 25. Auditor's Subdivision No. 324. Hennepin County, Minnesota. WHEREAS, the city was desirous Of pU[Ch3s\Dg the property for scatted site hOUS|Dg redevelopment; and, VVHEFlEAG. On August 28. 2003' the City Council approved purchase of the Property from G willing seller for $83'000; and, WHEREAS, n March 22 2004. the E�[>A considered a development proposal for the ' combined S�t� � of 4317 and 4301 Nevada Avenue North f[OD1 the Northwest D�Dl U (��(�F�<�\ <�VD101Un\b/ Housing �O00UOi� F�Vit@|iZ8t\�n Corporation , ' ` ' t Organization (<�HOC)\� �nd D8v�\Oprn�n [g8n ` '. . WHEREAS, furthermore OD March 22 the E[}A directed staff to proceed with a purchase agreement ' )[ �the sale Of 4 317 Nevada Avenue North to the NCRC based on the proposal; and, VVHEFlE/\S' the city 8ttOOl8y will prepare G development @g[88D1ent in association with the project; and, VVHEREAS, it is necessary 1V hold @ public hearing t0 consider the sale Of the pnDperty preceded by Public Notice. NC)VV THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope as fn\|OvvS: 1. That the above recitals are incorporated herein by reference. That the Council is ratifying action (�e�ffpubUshing NOTICE {]F PUBLIC HEARING AUTHO GALE OF PROPERTY AT 4317 NEVADA AVENUE NORTH attached hereto and published iO the official n the City on April 15, 2004. Adopted bv the City Council this 1nm day of April, 2OO4. City Clerk NOTICE OF PUBLIC HEARING AUTHORIZING EVADA AVENUE PROPERTY AT 43 ENUENORTH CITY OF NEW HOPE Notice is hereby given iven that the City Council for the city of New Hope, Minnesota, will meet on the 26'" day of April, 2004, at 7:00 o'clockubm. at the City Hall, 4401 Xylon Avenue lic hearing to consider the sale of the North, in said city for the purpose of holding a p following described property: 4317 Nevada Avenue North The East 130 feet of Lot 25, Auditor's Subdivision No. 324, Hennepin County, Minnesota. may see the terms and condition b s of the sale at in th e tbest interest of the The public public hearing, the City Council will decide if the sale is advisa city. for the purpose of being All persons interested are invited to appear at said hearing heard with respect to the sale of the described property• large printed materials are Accommodations such as sign language interpreter or g available upon request at least 5 working days in advance. Please contact t he city clerk to make arrangements (telephone (763- 531 -5117, TDD number 7 Dated the 15 day of April, 2004. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope - Golden Valley Sun -Post on the 15 day of April, 2004) COUNCIL KIP2 Originating Department Community Development By: Ken Doresky, Community De velopment S pecialist Approved for Agenda 4 -12 -04 Agenda Section Consent Item No. 6.5 RESOLUTION SUPPORTING NORTHWEST CO MMUNITY REVIT GRANT C O ON I O OR ( NCRC) THEIR R HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT PROPOSED PROJECT LOCATED AT 4301 AND 4317 NEVADA AVENUE NORTH (IMPROVEMENT PROJECT 734) ACTION REQUESTED supporting the Northwest Community Staff is requesting Council approval of the attached resolution supp g Revitalization Corporation's (NCRC) application to the Hennepin County Transit Oriented Development (TOD) grant program. The grant funds would be used for eligible project expenses. Please see the attached NCRC correspondence regarding the request. POLICY /PAST PRACTICE City goal #2 is to emphasize the maintenance and redevelopment of commercial and residential properties within the city. The Council has been addressing the residential portion of this goal through the city's many housing activities, including partnering with non - profit housing developers for the development of property within the city. On a yearly basis, the city allocates CDBG funds for eligible scattered site housing projects. In the past, the City has approved similar resolutions in support of grant applications for multi - partner redevelopment projects. BACKGROUND On March 22, the EDA considered a development proposal for the combined sites of 4317 and 4301 Nevada Ave. N. from the NCRC and directed staff to proceed with a purchase agreement for the sale of 4317 Nevada Ave. N. to the NCRC for $1. The proposal is for the replacement of the 2 existing blighted single - family residential properties located at 4301 and 4317 Nevada Ave. N. with 6 affordable owner - occupied townhomes on the combined sites. The NCRC has requested that the city consider a resolution of support for a grant application that they plan to submit to en Che ounty grant r application. Ot The NCRC will re program. The attached resolution expres ses support for for all grant and project administration. Staff recommends approval of the resolution. MOTION BY `' '� J l ? 1_ SECOND BY I: \RFA \PLA NNING \Housing \4301 \Q - 4301 -17 NCRC Transit Oriented Grant.doc Request for Action Page 2 4 -12 -04 FUNDING CDBG funds in the amount of $83,000 were used to purchase 4317 Nevada Avenue North. CDBG funds will be used for demolition and site restoration (following road restrictions, May 17, 2004). A portion of the CDBG funds invested in the project enerated would be utilized for futu CDBG eligible projects.e e city as program upon the sale of the units. Any program income g ATTACHMENTS • Resolution • NCRC Correspondence, 3 -24 -04 • Hennepin County Program Summary Provided in March 22, 2004 Council packet • NCRC Proposal Provided in November 11, 2003 Council packet • Location Map • Topographic Map • Section Map • Aerial Map • Rejected Development Site Plan • Comprehensive Plan References • Hennepin County Parcel Data CITY OF NEW HOPE RESOLUTION NO. 04- 70 RESOLUTION SUPPORTING NORTHWEST COMMUNITY REVITALIZATION CORPORATION'S (NCRC) HENNEPIN COUNTY TRANSIT ORIENTED DEVELOPMENT GRANT APPLICATION FOR THEIR PROPOSED PROJECT LOCATED A( NORTH IMPROVEMENT PROJECT 734) AVENUE WHEREAS, the city was desirous of purchasing 4317 Nevada Avenue North, herein known as "The Property" for scatted site housing redevelopment; and, WHEREAS, on August 28, 2003, the City Council approved purchase of the Property from a willing seller for $83,000; and, WHEREAS, in February, 2004, the NCRC purchased 4301 Nevada Avenue North; and, WHEREAS, on March 22, 2004, the EDA considered a development proposal for the combined sites of 4317 and 4301 Nevada Avenue North from the Northwest Community Revitalization Corporation (NCRC) Community Housing Development Organization (CHDO); and, WHEREAS, furthermore me n D t for sale of the Property directed e NCRC t based on proposal; and, hase agreement WHEREAS, a public hearing is anticipated to occur on April 26, 2004 for the sale the Property to the NCRC; and, WHEREAS, the NCRC will be responsible for project and grant administration. NOW, THEREFORE, BE IT RESOLVED, Oriented Development gn Avenue North site. that the City Council supports the Hennepin County Transit nt application for the combined 4301 and 4317 Nevada Adopted by the City Council this 12 day of April, 2004. r Attest: City Clerk March 24, 2004 AAk Kirk McDonald Development Director of Community p 4401 Xylon Avenue North New Hope, MN 55428 Dear MP onald: (NCRC) Northwest As you know, the Northwest Community Revitalization Corporation Community Revitalization has purchased the property at 4301 Nevada Avenue ert at 317 Nevada Avenue s ue Corporation planning to acquire the adjacent city -owned pi Y North. The two existing structures on these sites will be demolished and six twin home units will be constructed. 400 Selby Ave Suite G1 NCRC is in the process of seeking the funds needed for this project from a St. PaitI, MN 55102 variety of sources, including the H allocation. tion. ThFinance ity also approved (MHFA) and Hennepin County use of some of its CDBG funds. NCRC continues to seek more financial resources. A new resource is Hennepin County's Transit Oriented t c D o evel o went TDO) Program. I have spoken with the contact ication from NCRC. The guidelines for Connoy, and he encouraged an app the funding request are enclosed for your Nevada Avenue f funded, well with the proposed redevelopment on evada Avenue could pay for such items as site preparation, surveys and some administrative costs. The proposal requires a resolution from is with the n cored sporting ty au thorizing and the request for funds. A sample resolution gram. Proposals am guidelines for the pro in upportthof NCRC'sesting n of this resolution that staff recommend adoptio application for TDO funding. Please call me if you need more information or docu e re ached t about the redevelopment proposal or this funding source. 1903, extension 227. Sincerely, Kristine L. Madson Executive Director Enclosure Epp siNG OPPOft(UNIfY "Rebuilding neighborhoods one house at a time." Hennepin County Housing, Community Works &Transit 417 North Fifth Street, Suite 320 Minneapolis, MN 55401 -1362 612- 348 -22 Transit Oriented Development (TOD) Funding What is the Transit Oriented Development (TOD) Program? The Hennepin County Board of C included a$ budget. million in bonding for Transit this Oriented Development (TOD) in the county's _004 cap funding: • Must be in redevelopment areas Have multi jurisdictional impact • Enhance transit usage The criteria and guidelines for this fund are designed to support both redevelopment and new construction. TOD projects and developments: • Reinforce both the community and the transit system sp • Exhibit a compact and efficient use of available: space, r es tratis t at the ca ntper wl • Contain a diversity and mix of uses with daily. conv • Support a pedestrian - friendly, physical design that encourages walking, bicycling and access for people with physical disabilities • Are a maximum comfortable walking distance to transit (roughly one -fourth mile for existing transit stops. or one- half.mile for rail - based) Who is eligible for TOD funding? • Statutory or home -rule- charter cities or towns and development authorities (e.g., housing and redevelopment authority, economic development authority or port authority) • Private entities • Hennepin County and the Hennepin County Housing and Redevelopment Authority What areas are eligible for TOD funds? Funding is only available to multi jurisdictional programs and projects located: • In either a county or local redevelopment area Within or directly adjacent to Hennepin County transit corridors, and/or Q lace • Where new.or enhanced transit services. supporting count strategies are takin p What activities are eligible for TOD- funding? Projects must serve a public purpose and address one or more of the following: a Community corridor. connections • Housing rehabilitation and removal • Industrial polluted land cleanup • Environmental cleanup • Property acquisition • Development and redevelopment of housing and existing commercial property Job creation Eligible activities and use of funds include: ert to remove, prevent or reduce blight, blighting factors or causes of • Acquire real p ro p Y rovements for uses in blight. Clear acquired property and install streets, utilities and site imp • accordance with. the redevelopment project. rdance with Sell or lease acquired land for uses in acco rver a nd other administrative costs. • Prepare and initiate a redevelopment plan, including Y Conduct an urban renewal project. then pur poses as authorized by Minnesota Statutes, Section 469.002 —the Minnesota O p rP redevelopment statute. What funding is available? For 2004, $2 million in capital bond funding is available for TOD projects. These funds may be made available as either grants or loans. How to apply for TOD funds .us, of Housing, Go the Hennepin County We site at www co hennepin.mn guidelines. Community Works and Transit, to access TOD application and g om leted applications must be submitted to the Hennepin County Department of Deadline. C p April 16, 2004. Housing, Community Works and Transit by 4 p.m: A For more information or an application package call: Patrick Convoy; Economic Development Project Coordinator: 612- 348 -2215 a r � April 15, 2004 Northwest Community Revitalization Corporation Attn.: Kristine Madson, Executive Director 400 Selby Avenue, Suite G -1 St. Paul, MN 55102 Subject: 4301 and 4317 Nevada Avenue North — Transit Grant Resolution of Support Dear Kris: s upporting the Northwest Hope City Council approved a resolution supp g rant On April 12, 2004, the New Hop Y Revitalization Corporation County solution. application. Enclosed please find three copies of the certified re Oriented Developmen g Community Revitah s Hennepin r comments, please contact me at 763- 531 - 5137 . if y ou have any questions o Sincerely, Ken P. Doresky, AICP Specialist Community Development Sp Kirk McDonald Director of Community Development Enc.: Resolution (3 copies) Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Bob Zagaros, Chair NCRC Valerie Leone, City Clerk (Improvement Project No. 734) +' ITS' OF NEw HOPE A- New Hope Minnesota 55428 -4898 www. ci. 677 op TDD• 763 -531 - 4401 Xylon Avenue Nort - 531 -5170 $ Public Works: 763 -5 - City Hall: 763- 531 -5100 Police (non - emergency) 763 ' Hall Fax: 763- 531 -5136 ®Police Fax: 763- 531 -5174 � Public Works Fax: 763- 592 - City COUNCIL l Originating Department Community Development RE QUEST i AC TIO N Approved for Agenda 15 m , Agenda Section Publi_ic Hear Item No. 7.1 By: Kirk McDonald�Director of CD & Ken DareskySpecialist BY PUBLIC HEARING: RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR 4317 NEVADA AVENUE NORTH (IMPROVEMENT PROJECT 734) ACTION REQUESTED rovin the sale of 4317 Nevada Ave. N. to the This is a public hearing to consider the attached resolution aCommugnity Housing Development Organization Northwest Community Revitalization Corporation (NCRC) until after the proper planning The sale/development (CHDO) for $1.00. le /development agreement will be subject to p RC iaCeing a nd zoning consideration g the Planning Commission and ha °U been suc� essgfu funding for the project and will seek ll ill in seeking p approvals are granted, The NC planning approvals this summer and begin construction in the fall. 4317 Nevad a was demolished this week. attorne for tonight's the city consideration by the EDA, but the city of New Hope is the owner of The attached sale development contract is i s draft form and will be finalized by he city attorney has meeting. The contract was prepared for con therefore the City Council is the body that must consider tonight's action. Y ble to make the necessary changes prior to the deadline for this Council packet. the property, been on vacation and was una POLICY /PAST PRACTICE the maintenance and redevelopment of co fmh s ia oal through the perties City goal #2 is to emphasize rin with non - profit housing developers for the development of property pro within the city. The Council has been addressing the residential po ►ono to rnent Block Grant (CDBG) within the city. On a yearly basis, the city allocates housing activities, including partnering Federal Community Development funds specifically intended for scattered site housing projects of this type. BACKGROUND roved a resolution ordering published notice and setting a public hearing for On April 12, the City Council app r selling the city -owned property located at 4 ncor incorporate 4317 Nevada tonight's meeting to conside g 317 with d affordable NCRC. The NCRC now owns 4301 Nevexist nVeblighted single-family residential properties s will be accessible. development proposal to replace the 2 g 0 caner- occupied zero lot line homes (2 triplexes) on the combined sites. One of the units the c ity with CDBG 22 2004, the EDA discussed the concept of selling the property purchased by On March 0 and directed staff to proceed with the reparation of a purchase a reement for funds to the NCRC for $1.0 , w +-7�` -' MOTION BY u , _ TO I: \RFA \PLANNING \Housin \4301 \Q -4317 PH Sale to NCRC.doc 4 -26 -04 Page 2 Request for Action ada Ave. N. to e NCRC to facilitate their development proposal. The development the sale of 4317 Nev the to Twin Cities Habitat for contract is very similar to the contract used for the sale of 6003 West Broadway t to tanning and it attorney's opinion that the purchase agreement be i will r be sub�ec o the contract to Humanity. It is the c y Y g lace until after the ensure future development require rim Commission sale/development and Cit Council A closing will not take p zoning consideration by the proper planning approvals are g ranted. ontract was Attached, please find a draft copy of the sale /development contract. The therefore he City Coun is consid by the EDA, but the city action. The contra unable to make the Hope ct owner ill be final ze the city by d w attorney and submitted as the body that must consider tonight's Kristine D for consideration at tonight's meeting T for city packet. Thecco'nntract was f Director reviewed b review rney has been on necessary changes prior t deadline Madson, NCRC Executive Director and no changes were requested. The NCRC Board o the contract at their meeting on April 22, 2004. support the Since the Council last discussed this item, the NCRC has been successful in obtaining funding to project: t HOME: The NCRC has been recommended for funding from the Hennepin County Hennepin County support the project. ram in the amount of $294,000 to HOME program lication to the County CDBG Consolidated Pool. The city its regionaldmeri submitted Per the an e -map forwarded to CDBG Consolidated Pool for this project ba b Zagaros, Hennepin Robbinsdale City Councilmember and NCR sed on application from the CDBG Council members on March 20, 2004 from Bo in the Chair, the Robbinsdale City Co roject.. �Theeapplication has b been recommended for funding Consolidated Pool to support the project. amount of $50,000. ADDITIONAL BACKGROUND ert located at 4301 Nevada Avenue North and city its (2 The NCRC's goal was to acquire the privately owned prop Y p on the combined sites. On at 4317 Nevada to construct 6 zero lot line un raisall of 4301 Nevada Avenue North in order owned property November 11, 200authorized the 2 p 3, the Council azarteas. Bobtain ed ' on this n a p action, the NCRC acquired the property to facilitate negotiation between the 2 p February 2004. the city purchased rchase of 4317 Nevada Avenue North. The property was p In August 2003, Y completed the pu B funding intended for scattered site housing Gran using Federal Community Development Block come (households. The NCRC desires to purchase 4317 projects that primarily benefit low- moderate ti poration into this CDBG eligible development. Nevada Avenue North from the city for incor Nursery site 003 the EDA declined a development proposal from for Master eplaDeme�p of the F 2 existing blighted On June 23, 2 The proposal was developer) that included the subject property. homes (4301 & 4317 Nevada N.) with twelve units of market rate t own Al so, the developer ewasadesirlougs of es. The reimburse the city for all acquisition costs for 4317 Nevada Avenue development Due to the city assistance acquiring 4315 Nevada Avenue North for the construction of 6 additional units. The developer was requesting financial assistance of up to $200t000erEDA did n support the p oposal. the requested and the proposed density, resale of the property for future hen 4317 was initially purchased, the Council raised concerns regarding n attempt to balance previous Council density erd resale contribution I requs iremen W redevelopment. Ina p potential state and local housing fund eligibility requirements, satisfy p ro ert staff recommends that the (MHFA & Hennepin County HOME & CDB week) ao the NCRC for $1, similar to the most recent Twin Cities city sell the cleared land (demolished this Habitat for Humanity at 6003 West Broadway. 4-26-04 Page 3 Request for Action ze a significant increase in taxes at the I e area, the city will realize In addition to a $1.23 million investment in th site: Current Prope 4301 Nevada Ave. N. 4317 Nevada Ave. N Total Current Taxes NCRC P Each Unit Total New Taxes (x 6 uni Market Value :Lzm� $130,000. $116,000.0 4 -000.00 Estimated Market Value $205,000-00 otl 730.000M0 overall taxes payable 04 $1,309.78 $1,521-88 52.831.66 of New Hope share :,399.63 (homesieau) $477.6 (non-homeste $876-97 Estimated overall taxes Estimated 9 $3,209.77 $940,51 $ 43_ 6 $ 0 $5,643-06 5 $16,426.96 66.V.7 $4,7 09 share Overall increase of New Hope comprehensive Plan Update. In In 1998, the Council passed a resolution approving the City 1999, the Metropolitan Council approved the Comprehensive Plan Update. In the Plan, the c ity was broken in Phe g Da planning districts. The subject property is down into several the west and north, 42nd located Avenue to south and the Cit o f Crystal to the Hope bordered by the rail system to t . rivate ations for Planning Denance u(tomote proper y ed Site Housing main tenance through p east. Recommend Code and Scater Program, and (b) actively reinvestment, the City's Dweing ai ential land along Nevada Avenue between pursue the redevelopment of the poor condition, low-density res 42n Avenue and 45 Avenue. RECOMM NDATI 101, 4. uncil app � Coroval of the attached resolution approving the sale of 4317 Nevada Avenue Staff recommends North to the Northwest Community Revitalization Corporation (NCRC) Communi Housing Development Organization (CHDO) for $1.00 for the following reasons: 6 units (NCRC p of the poor condition, low Comprehensive Plan Update recommends redevelopmen th Avenue North. • The New Hope compre 42 nd Avenue North and 45 density residential land along Nevada Avenue North between combined site will be incrunitd(Master s td $476609 per year. Taxes for the uced from 12 Development) to roposal )• • The density has been red The NCRC owns 4301 Nevada Avenu e North, therefore relocation benefits do not apply. • demo n and redevelopment. litio or condition and are be candidates fos Both properties are in poor requiring very little city taff time. The NCRC would develop the property using option for New Hope residents. The zero lot line townhomes will provide another housing The units will be affordable to moderate - income first-time own ers (80% median income). The units will be owner occupied. accessible. 1 of the units will be disabled access and specifically intended for projects of this CDBG funds allocated to the Scattered Site Housing Program type were used to purchase 4317 Nevada. The project as proposed is CDBG eligible. will be returned to the city in program income to be utilized A portion of the CDBG contribution from the city i on other future CDBG eligible projects. in County HOME and CDBG Consolidated Plan funds have tion. bn recommended for award n the combined amount of $344,000. The applications require city contribu FUNDING amount of $93,000 were used to purchase ($83,000) and demolish ($10 4317 CDBG funds in the amo funds invested in the project would also be returned to the city Nevada Avenue North. A I me generated would be utilized for future portion of the CDBG as program income upon the sale of the units. Any program i n c ome 4 -26 -04 Request for Action Page 4 CDBG eligible projects. ATTACHMENTS • Resolution • Development Contract • City Attorney Correspondence, 4 -22 -04 • Funding Recommendations (Hennepin County HOME &CDBG Consolidated Pool) Provided in April 12, 2004 Council packet • Resolution (scheduling public hearing) • Public Hearing Notice Provided in March 22, 2004 Council packet • NCRC Proposal Provided in November 11, 2003 Council packet • Location Map • Topographic Map • Section Map • Aerial Map • Rejected Development Site Plan • Comprehensive Plan References • Hennepin County Parcel Data CITY OF NEW HOPE RESOLUTION NO. 04 - 83 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR 4317 NEVADA (IMPROVEMENT PROJECT 734) BE IT RESOLVED by the City Council of the city of New Hope as follows: WHEREAS, the City of New Hope (the City) is the fee owner described certain as a lto Late known as e 4317 Nevada Avenue North, New Hope, g The East 130 feet of Lot 25, Auditor's Su o�sN estr?ctions a d covenants Minnesota; subject to and together with e of record. the City has the authority to sell the Property under Min____n_- § §412.211 WHEREAS, ublic notice; and provided a public hearing is held proceeded by p AS the City has reached an agreement with Northwest Community Revitalization WHERE Corporation (NCRC) for sale of the Property to NCRC for a nominal sum, and the Property by constructing _6 twinhome subsequently for NCRC to develop Commission and City units subject to plan approval by the New Hope Planning en the City Council, all as set forth more fully in the Develop ent aced hereen e reference and NCRC, attached hereto as Exhibit B a (the Development Contract); and WHEREAS, on April 15, 2004, notice was published ' novae ofehis Hope-Golden and Development pment Post regarding a p ublic hearing on app Contract; and WHEREAS, it is in the best interests of the City and its people to approve the sale and act for the Property with NCRC. Development Contr e City Council of the city of New Hope as follows: NOW, THEREFORE, BE IT RESOLVED by th 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property is approved and the Development Contract attached hereto as Exhibit B is also approved and the Mayor and Manager the City. are authorized and directed and are au hor zed f and directed to take 3. That the Mayor, Manage or advisable to give effect to the whatever actions are necessary Development Contract and to fulfill all the City's obligations thereunder. Adopted by the City Council this 26"' day of April, 2004. Attest: 6 _� M o City Clerk DEVELOPMENT 4317 NEVADA Between j , ► :. , r r and NORTHWEST COMMUNITY REVITAIZATION CORPORATION DEVELOPMENT CONTRACT FOR 4317 NEVADA AVENUE NORTH day of _ 2004, by THIS AGREEMENT is made and entered into as of this C ity of New Hope, �a ta municip and between the Minneso con? oration (Cityl and the Northwest the I Community Revitalization Corporation, a Minnesota nonprofit corporation (Developer). RECITALS +, *�,o - City operates a scattered site ad si og program, ED A in e __ ' . , am with the goal of purchasing substandard housing or vacant lots in the City for upgr g , replacement, or other appropriate uses. City as purchased the Property hereinafter described ents, and is in accord with f the Cit The BAX f,STo F epe and its res development is in the best interests o a pplicable and local laws. the public purposes and provisions of the app The City has utilized Community Development Block Grant funds to purchase the Property y and the IN CONSIDERATION of the mutual covenants and oiwith the other as t folllows Developer, each party does hereby represent, covenant and agree ARTICLE I F1 l Defer ns• in this Agr Bement, the following terms have the meaning given Section I. below unless the context clearly requires otherwise. a Cam. The City of New Hope, Minnesota. b. Closin . The closing of the sale of the Property from the City to the Developer. 11 t'i vel the construction drawings, plans, landscape C Construction Plans. Co ec y� rovements . description, and related documents involvin g the Imp Northwest Community Revitalization Corporation, a Minnesota d. Developer. nonprofit corporation —1— e , Develo nt . The Property a n d th Im to be constructed thereon pme according to the Construction Plans app roved b Y he City. DA. The Economic Development Authority in and for the City of New Hope. f. E — The Housing and Urban g , Communi Develo went Block Grant - Gam, 24 C.F.R. Part 570, under Development Community Development Block Grand p p urchase of the Property which the City will obtain reimbursement for expo do res a buildable lot to Developer, for ide and certain related expenditures, all as necessary p Developer to construct a housing unit to be sold to low or moderate income individuals. h. H OME Funds. The HOME Investment partnership Program with Hennepin County. rovement Each and all of the structures, landscaping, and site improvements i, Imp — specified in the Construction Plans constructed on the Property by the Developer, as sp approved by the City. include the following Permitted Encumbrances s i i, Permitted Encumbrances. ssessments payable and in subsequent items: (i) Taxes and installments of special a ordinances and 11 building and zoning laws, and federal, state and locl and roads existing regulations; years; (� �) g (iii) is encumbrances, agreements, restrictions, condition iii easements for public streets, drainage, utilities, hi ghways now and at closing, (iv) liens, easements, v the terms, conditions, covenan and covenants of record, if any, as of the date e hereof; and ( ) and agreements set forth in this Agr eal ro erty known as 4317 Nevada Avenue North, B1, and Pro er and k The r p p Minnesota 55428, located in Hennepin County, Minnesota, shown on Exhi legally described on Exhibit B2; 1. ance from a title insurance company Title Evidence. A commitment for title insur reasonably acceptable to the City and Developer . or troubles, M. jJna yold able De lays. Delays which are the direct result of b r third parties which fire or other casualty to the Improvements, litigation commence those contemplated res ults in delays, or acts of any federal, state ontrol o or local gov D eveloper- ex cept by this Agreement, which are beyond the c Exhibits. The following Exhibits are attached to and by reference made a Section L2 _________ --- part of this Agreement: a. Certificate of Completion b. Lot Survey _ _ , --A T �„rlar.nne Description (with specified landscape value) —2— d. NCRC Proposal Section 1.3 Rules of Interp a. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. and "hereof' and words of similar import without reference to b. The wo rds "herein" eement as a whole rather than any any particular section or sub division ion hereof. re fer to this Agr particular section or subdivi or subdivision hereof are to the section or c. R herein to any particular s executed subdivision of this Agreement as originally . ement are inserted for Any titles of the several parts, articles and sections of this Agr e or interpr convenience and reference on eting any of d l y and s hall be disregarded in construing its provisions. for its cos will be utilizing CDBG funds to e. The Developer acknowledges that turchasi Property- It is intended by the costs in p g p reimburse the City�-A Agreement comply with all requirements of the CDBG City and the Developer that this p urchase price of the Property nt program so as to allow the City to obtain rei on rs his Agr ement shall conflict with or and related costs. If any I term ° p to impair the qualification of the City requirement of the CDBG program purchase so as the term or provision shall be price and related costs, reimbursement of said p to qua lify said purchase price and related costs for amended to the extent necessary a reimbursement under t he CDBG p ro ARTICLE II REPRESENTATIONS AND UNDERTAKINGS d .l B the De velo er. The Developer makes the following representations an Section II _ y_____- undertakings: and p ower to enter into this Agreement and has a. The Developer has the legal authoanridty erformance of this Agreement; duly authorized the execution, delivery p elo er has the necessary equity capital or will obtain commitments for b The Developer financing necessary for construction of the Imp rovements; erms of this o ill construct the Improvements in accordanc exhibits or amended s C. The Developer wAgreement, its Proposal and Const u all l state and federal laws and regulations; and with the approval of the CAY5 and —3— to per will obtain, in a timely manner, all required permits, licenses and d. The Deve p d will meet, in a timely manner, the requirements of all local, state and federa approvals, an rovements may be laws and regulations which must be obtained fes costs associa ed with said permits, constructed. Responsibility for payment of an e licenses, and approvals are as set forth in Section 4.1. Section 11.2 Ci .2 By the tYA . The City�� makes the following representations as the basis for the undertaking on its part herein contained: � is authorized by law to enter into this Agreement and to carry out its a. The City obligations hereunder; and Cit �B will, in a timely manner, subject to a ll n o tif i ca tion ill co operate with b, The Y ons of the Developer review and act upon all submittals and applications of any permit, license, or other app roval the efforts of Developer to secure the granti Im provements; provided, how that nothing required to allow the construction o to limited in any way the reasonable shall be e onstru veme n contained in this subparagraph 2.2(b) Y submittal or application. and legitimate exercise of the City's discretion in considering an ARTICLE III CONVEYANCE TO DEVELOPER agrees to sell the Property to Section III.1 Sale of Pro pe rt t�o_De er. The CityA from the City the Developer and the Developer agrees to purchase the Property the City agrees to convey the Prope in "as -is" condition. At the Closing, general form of Exhibit D. The pu the Developer by Quit Claim Deed in the g price for the Property will be $1.00. from the City to the Closin The Closing of n or before er will pay the sale of the Property 2004, or such other date Section M.2 _.�• Developer will take place o be agreed to by the parties in writing. At the Closing, the Develop as may gr e City the purchase price in cash to th fees and recording fees. .3 Recordin Fe es. The Developer shall be sole andesponsible for the cost o Section III agricultural any and all state deed or transfer taxes, agn record all t doc ume nts and the C i The Developer shall promptly u but not ficate of limited to, the Quit Claim Deed conveyin p Completion. es able in the year of the Section III.4 Taxes and S ecial As sessments een the C t R and the Developer as of the date of Closing will be prorated bet s ecial assessments for improvements installed the Closing. Levied and pending p at the prior to the date of this Agreement, if any, will be satisfied by the City time of the Closing and the Property will be transferred to the Developer free and clear thereof. �� Condition. The Developer acknowledges that the City makes Section III.5 "AS Is Conu"1 or its soils, its Improvements, or any other purpose for which the no representations or warranties on of the es asr vehe conditi Property fitness for construction of the Imp Developer is acqumng this Property in an Developer may make use of the Property. uarantees or warranties, either express or "As Is" Condition and the City makes no g intended by Developer. implied, as to the fitness of use of the Property Wastes. The Developer acknowledges that the City makes Section III.6 Hazardous Was presence of hazardous wastes on the the Property no representations or warranties regarding the p for the Developer to site. The City will allow reasonable access to desire. conduct such tests regarding hazardous such test must be given in writing under permission to enter the Property to cond reasonable terms and conditions established by the City- Section 111.7 Title a• The City agrees to deliver a commitment for title insurance to the De Ct open the I Developer's expense, no sooner than thirty (30} days before the Closing. T Y p 10 business e re uired to deliver any further evidence of tiff e City h w within ten ( shall make statement delivered to shall not b q written objections to title by w Evide No objection to title shall be made by the De pursuan hereto, b ed herein, and no objection days after receipt of the Title r of based upon this Agreement or other documents to on to t tledhal delive sed on the existence P or any matters contemplat b the City to acquire or remove, a Permiitt 0Encum ess days shall of, or failure y shall objections not contained in said statedmeeve el of the Quit Claim Deed, the CitYT -- rs shall I be deemed waived. At the time of delivery deli ver, or cause to be delivered, evidence of sa ti s faction or it has able Bats fY or objt objections which have been 1 at is sole cost and a expense, pay for any an d all premiums for duly an d ti correct. The Developers , title insurance policies desired by it. proper objections t ections o title are duly and timely made as provided above, and if b. If any prop J days after said Cit is not able to satisfy or correct the obis thereafter, make a election of the Y p 10 da objections, the Develo e l o per shall, within ten ( } Y one of the following: (1) Termination of this Agreement; or —5— Agreement to proceed with the Closing and transfer n e C ty possession (2) gr the Property without any further obligation or lia bilit y of any r sat any objections to title, whereupon the ri ll b c ent rel borne b cannot to cure or Y cured (or that title cannot be rendered marketable) shall Developer. within said ten (l0) day period, to the CityX'DA If no such written election h given have all objection s to title. the Developer shall be deemed to ARTICLE N CONSTRUCTION OF IMPROVEMENTS er shall construct the Construction of IM rovements. The Develop Proposal and Construction Section IV - Improvements on the Property in accordance with its Prop n attached hereto as Exhibits epair and con dition h Drawings an d Landscape Descriptio rovements m good and shall maintain, preserve and keep the Imp until sale of the Property. The Developer shall pay all costs and fees associated with terial and construction of the Improvements, including but not limited but not limited to a the cons the City, including labor, all building permit fees not waived by Y� the Cit all State of Minnesota surcharg es and park dedication fee as determined by Y' es. Developer shallbe electrical permit fees, and all utilitb nnncta 1 and S red S tag and City inspections e c responsible for scheduling and °t and with giving at least 24 hour no during the construction of the Improvements, of inspection requests. Permit will be issued by the City unless the Section IV.2 Construction Plans. No building p eement, including the onformiy with this Agr Construction Plans therefore are in c desc pi a tached s Exhibit C, with all of the construction drawings and landscape re uirements of the City Code, and with all federal, f Construct on Plan e s su bmitted in q ip City shall, within ten (10) business days of rece permit, review such plans to determine whether the application for a building p determines such plans to be foregoing requirements have been met. If the stating t n the deficiencies and the steps deficient, it shall notify the Developer in writing g for correction. the City shall be a Issuance of the building permit by necessary proved and shall conclusive determination that the Construction Plans have been approve satisfy the provisions of this Section N dine of Construction. Subject to Unavoidable D all commen prior to Section .3 Sche the Improvements in accordance e Cons ot All construction ction Plans and be comp P the City Code- shall be in conformity with the approved Construction 1pe reports in uch detail as Periodically during construction the Developer shall m the actual progress of the may reasonably be requested by the City concerning M time prior to completion of construc t cti�on o h ie � construction. If at any will be unable to complete construction Developer cause to believe that the Develop er this Section 4.3, it may notify I s in the time permitted by the Developer's construction and demand assurances from the Developer regard or are deemed by the City in schedule. If such assurances are not forthcoming declare an Event of Default and its sole direction to be inadequate, the City eement* it itself of any of the remedies specified in Section 6.2 of this AgT' may ava tl after notification by the Developer of Section IV.4 C ertificate of Com Promptly /EBA shall inspect the improvements, the City leted completion of construction of the Imp rovements have been comp the City shall construction to determine whe is satisfied P th the construcon tacked hereto as satisfactorily. If the City�£BA be in the form of furnish the Developer with a Certifi heeCl Comp be a conclusi e deter e t n h Exhi A. Such certification b y Y satisfaction and termination of the agreeme onstruct covenan improvemeents. respect to the obligation of the Developer t the 11 be in recordable form The certification provided for in this Section ica shall with the If the City refuses or fails to provide certification in accordan days of such rovisions of this Section 4.5, the City s a, wit s t a tement indicating in notification provide rovide the Developer w lete the Improvements in , what respects the Developer has failed t eement or is otherwise in default, accordance with the provisions e this A � ecessary, in the opinion of the City 1 and what measures or acts will be n take or perform in order to obtain such certification. for the Developer to C no occupancy of the prior to the issuance be of c tteficate of improvements shall p ARTICLE V PROHIBITIONS AGAINST R SIGNMENT AND TRANSF resentation as to Develo ment. The Developer os repr s and grees Section V-1 Re ursuant to this Agreement are for p that its undertakings p The Developer further and not for speculation in he Development ment of the Property to the of the Property i o the Develop recognizes that, in view of the imp f that have been and other public aids t general welfare of the City u ose of making the Development possible, the for the p fi ancmg made available by the City sand identity of the Developer are of particular concern to the City. qualification -r A nrPement. For Section V.2 —7— the reasons set f orth above, the Developer represents and agrees that prior to the completion of Improvements as certified by the City: wa of security for the purpose of obtaining financing necessary to a. Except only by Y to erform its obligations successor in interest to the Property p except as so enable the Developer or any Agreement the Developer, with respect to the Development under this Agz rower, transfer in de or created, and it will not make or create r b suffer to be made or authorized, has not ma conveyance, or any trust Power' any interest created, any total or partial sale, assignment, eement or the Property prior written any other mode or form of o eementeto do h a ny of the same, without the p I therein, or any contract or gr approval of the City; and provided in this require, except as otherwise p Any proposed shall be entitled to as conditions to any such approval under thi ons bil ty, as b The City determined by the Agreement, eementby transferee shall have the quali fications and financial r p necessary and adequate to fulfill the o bligations undertaken in g satisfactory to the City!£)-A, (ii) Any proposed ro osed transferee, by instrument l writing l it successors the Developer. ( p form recordable among the land records, shall nave expressly assumed all of City�A and in and assigns, and specifically for the benefit of thee mend agreed to be subject to such the obligations of the Developer under this provided, that the fact that any transferee of, or � er reason, not have assumed obligations, restri ctions and conditions or; p transferee or successor from such the Property, shall for whatever any other successor in interest to, rights or ag to do so, shall not relieve such � of any rig such obligations or agr improvements; o bligations, conditions, or restrictions, or d or the l c nstruction of the Imp s; to g remedies or controls with respect to the Prope i no transfer of, or change with respec t to law and equity sum mated or occurring, the fullest extent permitteoperty, d by however con m �A of f any rights ownership in the Property, any interest therein, voluntary r involuntary, shall operate to deprive or limit hm n with respect to the whether from this Agr rovided in or resulting or remedies or controls p improvement that the City�� would have had, had I Property and the construction of the Imp there been no such t or change. (iii) There shall be sub f pct n transfers its approval shall be indicated to the Developer in review all instruments and other legal documents involved m e herein, an d if approved by the CityA, writing. no such In the absence of specific written agreement by the City�A t ieve the Developer from the contrary, alb the CityX4)A thereof shall be deemed o W transfer or approval the Development t a y le of a deemed to be a transfer within the meaning of Section 5.1. any of its obligations with respect thereto. The sale un Homeowner shall not be the City _ - under this a by Aps Any approval required to be given Section V.3 - - --- -- ein materially will be Article V maybe denied only obligations under this if the City reasonably determines that the ability o the proval Developer to perform its Agr impaired by the action for which approval is sought. ARTICLE VI EVENTS OF DEFAULT shall be deemed Events of and the term shall mean, whenever it is used o this Section VI.l Events of Default Defined. The following of the following Default under this Agreem rovides, any one or more Agreement, unless the context otherwise p events: aid or secured a when due the payments required to be p a. Failure by the Develop er ep n ; un any provision of this Agr covenant, the Developer to observe and substantially perform any Failure by erformed under any provision of this b obligation or agreement on its p art to be observed or p Agreement; enerall as they its inability to pay its debts ent for the benefit If the Developer shall admit in writing or shall make an assign C. on in or of itself or of the whole or become due, or shall file a petitibankr of its creditorso of the Prop rtyhor pp ointment of a re any substant par tc d against it, be adjudicated a d, If the Developer, on a petition in bankrup Y file order or decree appointing, of competent jurisdiction shall enter an bankrupt, or a court the Developer, a receiver of the Developer or of the whole or Developer seeking without the consent of rove a petition filed against the e or app tc laws, substantially all of its prop and such 60 days reorganization or arrangement of the Developer un set aside or stayed within sixty ( ) adjudication, order or dec reof. all not be vacate from the date of entry the City I Event of Default occurs, under this Section VI.2 Remedies on Default. Whenever any iv Agreement, take any en the City�A in addition to any other remedies or rights act ions: may, one or more of the following ance under this Agreement until it receives ass r a will cure fr s a. Suspend its perform the City ) that the Developer, deemed reasonably adequate un eement; default an d continue its performance under this Agr b. Cancel or rescind this Agreement; C. Withhold the Certificate of Completion., or ' on at law or in equity may appear necessary or desirable to the d Take whatever action due under this Agreement, or to enforce performance and City to collect any payments eement, or covenant of the Developer under this a observance of any obligation, gY Agreement. lt enin of Event of Defau rest in the Cit U on Ha Section VI3 Revestin Inter ert to Dev elo er. If subse henC rtiflcat sal o Subse uent to Conve a nce of rior to the issuance •f the Property to the Developer and p Completion: begin construction of the Improvements in conformity with a. The Developer fails to g i 's Agreement, and such failure s not due to Unavoidable Delays Improvements' thi gY h after commencement of the construction of the ImpTOVements, b. The Developer thereof, or abandons or substantially r violates its obligations with respect to the construction of the p defaults in o comp date for the comp suspends construction work, and such Delays; including the nature and the h act or actions are not due to Unavo a real estate taxes or assessments on or laces thereon or succe when duet fails to p hereon any encumbrance or lien C. The DevY nt to be made, or any any p thereof levy or attacbme the Property or unauthorized by this Agreement, or suffers any mechanic's lien, or any other unauthorized encumbrance or lien to attac materialmen s or t of the property or d There is, in violation of Article V of this Agreement, any any part thereof; or eement, elo per fails to comply with any of its covenants under this Agr e. The Dev p ' t upon thirty (30) days written notice to Developer and the then the City shall have the rgh p 30 da p eriod, to re -enter and take possession of the 's failure to cure within such thirt y ( ) interest of the Developer in the P I Developer prior enc umb rance Property and to terminate and revest in the it y t e X ver, that such revestiture of title shall be subj ect to the hen of any p provided, howe � Agreement. permitted under this E No remedy herein conferred upon °o remedie o the I Section VIA No Reined Ex other available remedy is intended to be exclusive of any suc remedy shall be cumulative and sh eafter existti lat law or in g on to every City each and every s eement or now or he over accruing other remedy given under this Agr right or p exercis an y equity or by statute. No delay or oa r any such right or p° eg or shall be construed upon an Event o Default shall ht and power may be exercised from time to u h rig to be a waiver thereof, but any ex edient. In order to entitle the City ve time and as often as may be d p ed to it, it shall not be necessary to gi the Developer to exercise any remedy resery be required in this Article VII. notice, other than such notice as may —10— Section VI.5 No additional Waiver Im lied b One Waiver. If anh v othe f Defau asuch eit her party which Event of Default is th ereafter ent of Default by so waived and shall ul�be waiver shall be limited to the particular or subsequent Event of Default deemed to waive any other concurrent, previous ARTICLE VII ADDITIONAL PROVISIONS a grees to indemnify and hold the d a ointed officials, employees, administrators, Section VII.l indemnification. e e t Developer hereby and all loss, cost, CityA and its officers, reasonable commissioners, agents, and representative clud including, without limitation, fines, charges, damage and expen ses, consultants' and expert witness fees, and travel as sociated ose based on strict attorneys fees, con includ g due to claims or demands of any kind whatsoever out of (i) the design, construction, reconstruction, main, without liability) arising art of the Property, including, sale or leasing of all or any p repair, marketing, lien imposed by law for services, labor or materia s limitation, any claims for any and/or the Improvements, or (ii) any Agency or any furnished to or for the benefit of the Prope Y ion decrees or demands, at claim by th he State of Minnesota or the Minnesota Pis loTion Control Ag Y t other person pertaining to e violation of any Pew The indemnifications contained s ac ceptable to the City�A of the Quit its cost with attorney p and shall survive the delivery o f the all be cont d delivery in this Section 7.1 shinuing and shall survive termination Claim Deed for the Property, shall survive the is a ution an rovemen , the Developer Certificate of Completion for all of the Imp t h e foregoing, Agreement. Notwithstanding caused by any I or cancellation of this Agr' aired to indemnify against liability shall not be liable for nor be re quired intentional act of the City/c�• man ner in making this Con fli c t of Interests* Re resentatives Not an dm duall Liable _ _.. N o Section VII-2 Confl art m Y City )A officer who is authorized to take p have a personal financial donations of Agreement in his or her official capa therefr m. Voluntary mentor Agreement or benefit interest in this CitA officers or employees to the Develop time, money, or materials by Y on of the Improvements shall not be cons to the constructs 11 be e persona liable to the of the Cityk�A sha p Ci No member, of I to ee the �' ficial, or employ nor any successor in interest, for ath Ev successor or on any or for any amount which may Develop become due to obligations under the terms of this Agreement* esota Statutes Section 181.59, rovisions of Minn affirmative action SectionVII.3 N t a den n- discrimination, and a y ffi andbindingon which relate to civil ng shall be program of the Ci considered a part of this Agr tyA —11— the Developer as though fully set forth herein. t as otherwise expressly provided in this Except Bement by either Section VI[.4 Notices and Demands. p underthis Agr d States Agreement, a notice, demand or other commun i c ation or delivered if it is sent b Unite nice part o the other shall be sufficiently g nested, or delivered Personally: Mail, postage prepaid and return receipt req a. As to the City: City of New Hope City Manager 4401 Xylon Avenue North New Hope, Minnesota 55428 and Steven A. Sondrall, City Attorney 8525 Edinbrook Crossin 201 Brooklyn Park, MN 55443 —12— b As to the Developer: or at such other address such party as that party may, from time to time, designate in writing and forward eith ard to the other. None of the provisions of this r merged D eed. reason of any deed transferring any Section VI1.5 Povisions Na �o r shall be m rg d to affect or impair the Agreement is i and any such deed shall not be deem interest in the Property Agreement. provisions and covenants of this Agr eem simultaneously executed in any the same instrument. Counterpa ch shall This Agreement may be Section VII.6 cons titute one and number of counterparts, all of whi Cit � has caused this Agreement to be er has caused this IN WITNESS WHEN ®F, the h duly y affixed and the Develop name and behalf and its seal to o f e day and year first above written. Agreement to be duly executed I City of New Hope By. s May or /Presiden It By' er /Executive Director Its Manag Northwest Community Revitalization Corporation By: Its: By: __-- Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) —13— day of , 2004 instrument was acknowledged before me this y The foregoing �e by Don Collier the Mayor of New Hope Manager of New Hope �` for and Daniel J. Donahue, ota, on behalf of said the City of New Hope e laws of the State of Minnes beth-a body corporate and politic under th corporate bodiesy Notary public STATE OF MINNESOTA � ss. COUNTY OF HENNEpIN ) , 2001 day f and The foregoing instrument was acknowledged before me this y n a Minnesota oratio , by and , respectively, of Northwest Revitalization Corp nonprofit corporation, on behalf of the corporation. public F.,ATTORNEY'SAS \1 CLIENT FILES CITY OF NEW HOPE,,99.11311 -4317 NEVEDA SALEDEVELOPMENT CONTRACT -SALE NCRC.DOC —14— EXHIBIT A FORM OF CERTIFICATE OF COMPLETION Revitalization Corporation has The undersigned hereby certifies that Northwest Community of that document entitled IV completely complied with its o bligation N rth' Article he fully and P e Minnesota and Developer and dated released and forever "Development Contract for 4317 Nevada venu City of New Hop , 004 with respect to construction of the approved construction plans 2 . o bli g ations to construct under such bli above - referenced Article. discharged from its o g 2004. A l J f -4. E THE CITY Dated: OF NEW HOPE By: Its President By: Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEP'N ) day o f , 2004 by ed before me this __ y M ayor and Man ama, The foregoing instrument was acknowledg City of New Hope, a body and Daniel J. Donahue, thepr Don Collier behalf of said corporate body respectively, . for the c orporate and politic under the laws of e State o thf Minneso a, o otary Public P.A. JENSEN & SONDRAL L , Suite 201 8525 Edinbrook Crossingg Brooklyn Park, MN 55443-1968 (763) 424 -8811 EXHIBIT Bl (Survey of 4317 Nevada Avenue North) EXHIBIT B2 (Legal Description of 4317 Nevada Avenue North) Legal Description is the fee owner of certain real estate known as 4317 City) f New Hope (the The City o Y) enue North, New Hope, legally described as follows: Nevada Av ubdivision No. 324, Hennepin County, The East 130 feet of Lot 25, Auditor's S Minnesota; to ether with easements, restrictions and covenants of record . subject to and g EXIIIBIT C Construction Drawings and Landscape Description) (NCRC Proposal) P:\Attomey \Cmk \Clients \CNH\99 -t 1311 \CNH99 - 11311. 001 - Development Contract -sale NCRC blackline of D I.doc MAR-16-2004 14:03 Proposal Corporat i proposing the pro j e ct at 4301- Revitalization W would be 'Northwest C Revitali� irst project as lead de velo p er ' 4317 Nevada in New I-lope as our f pleased to h the city of New 14ope be the beneficiary Of Our ef forts ' -unit d consisting of 3 tWin-hOmes with zero What we are propo sing is a 6 will be a single level t 0 story, 3 bedroom unit the Sixth lot-lines. Fi will be tw ix units w ill re place 2 substandard, appe acce ssible unit. These s a neighborhood park. bedroom, h I I across the street from plan will uninhabitable properties located directly acro 11 ng severhomyu�ob�si ; OPOsed c ontain The n eighborhood contain- e. Garages will be to the rear of design elements to mak ur t- the properties. property at 4301, Nevada- We are interested in February 2004, NCRC Purchased the prop ensure that t h e properties, purchasing the property at 4317 Nevada. This w ould pro j e ct and development are Solely the respons ibility of NCRC• We see several advantages for t cit in su pporting this project. ciding rep with 6 new, higher priced units yi 1. Two vacant properties w ill be r 2003 for the two times the tax va Combined property taxes ' more than 5 or of $974.78 for both properties were $2,831 with an appr oximate city - p i the new units including the h tax credit. Based on 2004 ax o tota o would have approximate cou nty taxes of $3,021-78 h for a l f $18,130.68 lus $66.84 wo uld be $940.51 eac p f th entire d City tax Porfiou wo a total of $6,044. for the for the city Portion . of the homestead tax credit gLvm 2 , $5,000 per year in =t pro ject. This is a projected increase of more than additional property t income for the city. 2. Increase the t base through neighborhood business use. People will spend money in t h e commu nity they live in. people between renting and trad itional 3. Provides a step for low- moderate income full market homeownership. 'h without loss of green space. 4. Eff use of space, more in the area 5. Increase the percentages of homeowners on Nevada 6. Meets the City's Compreh Plan for median density city i nvo l veme nt or need for city staff 7. we art as the developer with very little time and resources. At present, the budget for this project is Over 1 .5 million dollars. We have grant . County. our request to MHpA is for $195,000 proposals ou t to MHFA and Hennepin HOME dollars is $300,000. We are currently and the request to HcrmcPin Coun for is the Pro Forma as well as Prelim working on several other grants. Attached s ite plans developed with the assistan ce of Chris Wilson of Project for Pride in Living. We request the following from the City of New Hope as the City contribution to the project: Sell NCRC the 4317 Nevada property for $1 after it has been cleared. The property was purchased by the city for $83,000 in CDBG funds and would be cleared using approximately $15,000 in CDBG funds. Our rationale for this is that this is a project whose increased tax revenues will bring in a minimum of $75,000 to the county in the next 10 years and $50,000 to the city. It will remove 2 blighted properties and will add 6 new households to the community. This would be considered a donation to the project of $98,000 in CDBG finds and would cover that portion of the projected $102,000 gap. NCRC would be willing to have 4301 Nevada demolished at the same time as the 4317 Nevada property lessening disruption in the neighborhood and allowing possible NCRC oversight of the demolition of both properties. The 4301 Nevada demolition would be at NCRC expense. Northwest Community Revitalization Corporation will also be paying permit fees of approximately $20,000. Permits Demo- $527.5 for 2 Grading- dependant on square footage Water. meters $223.53 ea total $1,341.18 Water /Sewer $85.50 ea.. total $1,026 Park dedication $500 ea_. total $3 Building permit $3,934.89 / twinhome total $1 1,804.67 Total $17, 429.35 plus grading and miscellaneous fees. MAR -15 - 11:58 4301 -17 Nevada Ave CHDO Sources Uses Format omnlnnnd per unit 6 units REVENUES Purchase Price - Progra Eligible Buyer "Note: These funds are applied for, but not yet committed We are in the process of seeking other resources SOFT PROJECT EXPENDITURES 8.000 48.000 PROJECT COST SUMMARY „Q arc � 67t_M MAR -15 -2004 11:58 ,s MAR-15-2004 11:58 m MAR -15 - 11: i ���.',- _ �.' _ MAR -15 -200 11 _ - --- -- -- - � f I.� MAR-15-2004 11 59 RD a x C1 rn z I I I MEMO RAND U NI Date: 22 April, 2004 To: Kirk McDonald Community Development Director City of New Hope Ken Doresky Specialist Community Development Sp City of New Hope From: Steven A. Sondrall Clarissa M. Klug Re: Sale & Development of 4317 Nevada Avenue est contract addressing both the sale of 4317 Nevada ent of the property. e No r hat the Attached is a proposed oration (NCR) and the development Community Revitalization Corp C and will be proceeding through the planning plans currently presented by NCRC are preliminary process. We are not sure at this point if the transaction will be structured the same form will be e draft contract has been marked accordingly. A revised draft in substantially presented at the Council meeting. As always, feel free to call with any questions or P:\Attomey \Cmk \Clients \CNM99 - 11311 \CNH99. 11311- 002 -Memo to Kurt McDonald and Ken Doresky re Council Packet 4- 22- 04.doc Hennepin Housing Consortium HOME Program Ranking of 2004 Applications $2,19 1,07 8 2004 HOME Allocation $26,975 Recaptured funds $2,218,053 Total $ 219,108 minus Hennepin County Administration {10% of allocatio $1,998,945 Total HOME Funds Available for Applicants Total funds require�Vnon �DO (15% of allocation $1,670,284 Total funds availab 60 points is the minimum requirement for consideration. * Failed a section. ** Failed to meet 60 point minimum. Blank o : \dpuprog \home\2002rfp\2002rank \Proposed award sheets-As 4/6/2004 0 0 0 0 0 °m c n ^. o O 0 O O cc N C 01 N N aw '42 N x> p 1.. (:D O O O O (D cc d' O O O O to O p 0 0 0 O p 0 0 tO O tt') LO t0, O C.j w < t O O O O O O C M r 0 tO O L, O r- ~ P- C C C G �f'f r N O V' Lo N r ?_' r `— r49. C to p p 0 0 0o N r r M N y} O tD w � �3 A w N r M r O N cc lD y O O 0 0 Lo O co cf <' ~ aO 'C r N m > O O O °1 O C (D N co NO -Q LO LO N M LO '�" E > ° l6 Vf N LO CD M CO m > i4 CO ( 0 �- r N O) L6 N M N Q �>, E Q> C 3 00 G1. m LL N V ° o o H m O N a) a) V zm -� ° tr t- c m a) [L rn o v Z c t S C / t Li v Z as . rn 0 C a) I '� . ? E O N 3 E E a) a5 LL a m CO !n -0 I . : O ® n {7 D CO .2 O m B) RS U N O v is 0 64 V ~ N Q.. O.. w - N w a J U O 0 ti N o " CD O 0 - 0 CL t 0 Ln U p CL :� E N O a N a) v7 a a rn o° u o o Z N (D c o S a) Z `o CO Z E `a) as U _I U r` I - Z > U 4 - w LL c `o uJ o ° ° - U i Z E c LL 3 a a aoi w z o o n ° in 75 o o rn S cn m cn ti. U > r � (D O a) rn � CD U) m c II 3 0 c 0 m ... � c c o 0 o Z as °) � ® U 0 J 0 0 0 Z U Q E o O O U 0 ° E U ° N p ® C N Q 9 Q Q N N> U Il (A V O (n 7 c-c 7E M N d - CL y 0 0 0 0 0 0 0 0 C r N M '7 LO LD t- O O p LI) m April 27, 2004 Northwest Community Revitalization Corporation Attn.. Kristine Madson, Executive Director 400 Selby Avenue, Suite G-1 St Paul, MN 55102 Subject: 4317 Nevada Avenue North Dear Kris: �,lopment contract for the sale of 4317 ouncil approved the deve On April 26, 2004, the New Hope City C Revitalization Corporation for $1. The,agreement is Nevada Avenue North to the Northwest Community R until approvals are granted At that time, planning approvals and a closing will not take place subject to plan approved plans. the agreement will be updated to includ e please contact me at 763-531-5 If you have any questions or comments, Sincerely, Ken P. Doresky, AICP C Development Specialist Kirk McDonald Director Of Community Development Enc. Resolution Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Bob Zagaros, Chair NCRC Valerie Leone, city Clerk (Improvement Project No. 734) CITY OF NEw HOPE ww w. ci.new-hope.mn- 4401 Xylon Avenue North * New Hope -592-6776 / Minnesota 55428-48 * + Public Works: 763 -592-677 ® TDD: 763-531-5 _531-51 Cit Hall: 763-531-51 - police (non-ernergency) . 763 74 - Public Works y Fax: 763 Cit Hall Fax: 763-531-5136 + police Fax: 763-531-51