IP #914Jacobsen Curtis
From: Jacobsen Curtis
Sent: Monday, June 25, 2012 4:20 PM
To: NH Council
Cc: McDonald Kirk
Subject: Foreclosed Properties /
Expires: Tuesday, October 23, 201212:00 AM
Mayor and Council Members,
Staff has been watching for foreclosed properties in New Hope that become available through the National
Community Stabilization Trust First Look program and one has finally shown up at 5909 Aquila
Avenue North.
The property first showed up on the list a week or so ago but without an asking price. It is now known that the
asking price was originally $78,800 and the city would be able to acquire the property after an $11,800 discount
for $67,000.
Unfortunately the city only has until 10:30 a.m, tomorrow to put a claim in for the property.
Staff would intend to acquire this property with the funds received from the sale of 3757 Gettysburg. Staff is
currently checking with our partner organizations (Habitat or Homes within Reach) to see if any of them
might be interested in the property.
This program is always run on a very short timeframe and that always make the decision making seemed
rushed. Staff apologizes for the inconvenience this may cause you.
If any of you are familiar with the property and would like to offer your opinion to the City Manager tonight
that would be great.
Curtis Jacobsen
Director of Community Development
4401 Xylon Ave N
New Hope, MN 55428
763-531-5119
APlease consider the environment before printing this message
Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or
otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are
not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from
your computer system.
McDonald Kirk
From:
Tatro Chuck
Sent:
Monday, June 25, 2012 1:30 PM
To:
Jacobsen Curtis; Axel Roger; Hanson Eric
Cc:
McDonald Kirk
Subject:
RE: 5909 Aquila
It appears the basement will need to be gutted due to water intrusion and mold. Work on the exterior includes deck
replacement, gutter repair or replacement, and painting the exterior siding and trim. I was told a new water heater was
installed last winter, without a permit. There is not a furnace permit recorded sense 1990, when permits were recorded
in PIMS, so the furnace could be original. A permit for doors and windows was issued in 2001, but no inspections were
conducted for that repair and a roof permit was issued in 1996.
The house appears structurally sound but lacks proper maintenance and it would be nice to get a look at the foundation
walls and verify there are not any horizontal cracks. If we got a respirator, a quick visual inspection of any visible
foundation walls could be conducted. The price of $67,000.00 sounds like a bargain.
Chuck Tatro
General Inspector
City of New Hope
ctatro@ci.new-hope.mn.us
From: Jacobsen Curtis
Sent: Monday, June 25, 2012 12:57 PM
To: Axel Roger; Tatro Chuck; Hanson Eric
Cc: McDonald Kirk
Subject: 5909 Aquila
This house has a final asking price of $67,000. Do you think it is worth acquiring?
Curtis Jacobsen
Director of Community Development
4401 Xylon Ave N
New Hope, MN 55428
763-531-5119
APlease consider the environment before printing this message
Disclaimer: Information in this message or an attachment may be government data and thereby subject to the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13, may be subject to attorney-client or work product privilege, may be confidential, privileged, proprietary, or
otherwise protected, and the unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are
not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from
your computer system.
Date: February 20, 2013
Curtis Jacobsen
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: 5909 Aquiia Avenue North
Our File Number: 382288
Your Reference Number:
Enclosed herewith please find the following:
X� Owner's Policy No. 0-9301-2682734
Mortgagee's Policy No.
j7 Recorded Mortgage, DN
Assignment of Mortgage, DN
Satisfaction of Mortgage, DN
Abstract of Title
Plat Drawing
Financing Statements
Endorsements F] Comprehensive
Endorsements to
Quit Claim Deed, DN T4986700
in
service beyond the expected
] Environmental ❑ ARM ❑ PUD ❑ Condominium
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Thank you for choosing Land Title, Inc. We appreciate your business. If you should have any questions, please do
not hesitate to contact our office.
Very truly yours,
Final Policy Dept./JO
Land Title, Inc.
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ALTA Owner's Policy (6-17-06)
OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
%tewart®
tie guaranty company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be
given to the Company at the address shown in Section 98 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the Insured by reason of.
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements
located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
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City, State
i Part 1 of
Policy_ 0-9301-2682734
Serial No.
ALTA Owners Palley (6117M)
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P�erderR
ALTA Owner's Policy (6-17-06)
SCHEDULE A
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
File No.: 382288 Policy No.: 0-9301-2682734
Loan No.:
*Address Reference: 5909 Aquila Avenue North
New Hope, Minnesota 55428
Amount of Insurance: $78,800.00
Date of Policy: August 24, 2012 at 9:47 AM
1. Name of Insured:
City of New Hope, a Minnesota corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
City of New Hope, a Minnesota corporation
4. The Land referred to in this policy is described as follows:
Lot 14, Block 2, Meadow Lake Terrace, Hennepin County, Minnesota.
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION.
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Page 1 of 1
ALTA Owners Policy (6-17-06).
File No.: 382288
SCHEDULE B
Policy No.: 0-9301-2682734
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) that arise
by reason of -
1 ,
f:
1. Rights or claims of parties.in possession not shown by the public records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.
3. Easements or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Taxes or special assessments which are not shown as existing liens by the records.
6. General and special taxes and assessments as hereafter listed, if any (all amounts shown being exclusive of interest,
penalties and costs).
7. No coverage is provided for municipal code compliance matters and fees including, but not limited to, utilities, right of
way maintenance, water or sewer services, or fees for tree, weeds, grass, and snow or garbage removal, police
boarding, vacant building registration and zoning.
8. The lien of second half taxes payable in the year 2012, and thereafter, and taxes and assessments levied subsequent
to the date of this policy.
Second half taxes are due and payable on or before October 15, 2012.
(Taxes payable in the year 2011, and prior, have been paid in full.)
9. Levied special assessments are as follows:
Del Util.....$0.00 balance ..... $1'763.23 certified to 2012 taxes.
There are no pending special assessments.
10. Drainage and utility easements over the subject property as shown on the recorded plat.
11. Conditions, covenants, restrictions and restrictions as contained in Document No.449751 (Omitting any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the
extent that said covenant or restriction is permitted by applicable law.)
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Page 1 of 1
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COVERED RISKS (Continued)
9. Title being vested other than as stated in Schedule A or being defective
(i) to be timely, or
,(a) as a result of the avoidance in whole or in part, or from a court order
(ii) to impart notice of its existence to a purchaser for value or to
providing an alternative remedy, of a transfer of all or any part of the
a judgment or lien creditor.
title to or any interest in the Land occurring prior to the transaction
10. Any defect in or lien or encumbrance on the Title or other matter included
vesting Title as shown in Schedule A because that prior transfer
in Covered Risks 1 through 9 that has been created or attached or has
constituted a fraudulent or preferential transfer under federal bank-
been fled or recorded in the Public Records subsequent to Date of Policy
ruptcy, state insolvency, or similar creditors' rights laws; or
and prior to the recording of the deed or other instrument of transfer in the
(b) because the instrument of transfer vesting Title as shown in Schedule
Public Records that vests Title as shown in Schedule A.
A constitutes a preferential transfer under federal bankruptcy, state
The Company will also pay the costs, attomeys' fees, and expenses incurred
insolvency, or similar creditors' rights laws by reason of the failure of
in defense of any matter insured against by this Policy, but only to the extent
its recording in the Public Records
provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,
(b) not Known to the Company, not recorded in the Public Records at
and the Company will not pay loss or damage, costs, attorneys' fees, or
Date of Policy, but Known to the Insured Claimant and not disclosed
expenses that arise by reason of:
in writing to the Company by the Insured Claimant prior to the date
1. (a) Any law, ordinance, permit, or govemmental regulation (including
the Insured Claimant became an Insured under this policy;
those relating to building and zoning) restricting, regulating, prohibit-
(c) resulting in no loss or damage to the Insured Claimant;
ing, or relating to
(d) attaching or created subsequent to Date of Policy (however, this does
(i) the occupancy, use, or enjoyment of the Land;
not modify or limit the coverage provided under Covered Risk 9 and
(ii) the character, dimensions, or location of any improvement
10); or
erected on the Land;
(e) resulting in loss or damage that would not have been sustained if the
(iii) the subdivision of land; or
Insured Claimant had paid value for the Title.
(iv) environmental protection;
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency,
or the effect of any violation of these laws, ordinances, or governmental regu-
or similar creditors' rights laws, that the transaction vesting the Title as
lations. This Exclusion 1(a) does not modify or limit the coverage provided
shown in Schedule A, is
under Covered Risk 5.
(a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does not modify
(b) a preferential transfer for any reason not stated in Covered Risk 9 of
or limit the coverage provided under Covered Risk 6.
this policy.
2. Rights of eminent domain. This Exclusion does not modify or limit the
5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8.
governmental authority and created or attaching between Date of Policy
3. Defects, liens, encumbrances, adverse claims, or other matters
and the date of recording of the deed or other instrument of transfer in the
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
Insured named in Schedule A for estate planning
The following terms when used in this policy mean:
purposes.
(a) Amount of Insurance": The amount stated in Schedule A, as may be
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
increased or decreased by endorsement to this policy, increased by
and defenses as to any successor that the Company would
Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
have had against any predecessor Insured.
(b) "Date of Policy': The date designated as "Date of Policy' in Schedule A.
(e) "Insured Claimant": An Insured claiming loss or damage.
(c) "Entity': A corporation, partnership, trust, limited liability company, or
(til "Knowledge" or "Known": Actual knowledge, not constructive know -
other similar legal entity.
ledge or notice that may be imputed to an Insured by reason of the
(d) "Insured": The Insured named in Schedule A.
Public Records or any other records that impart constructive notice
of matters affecting the Title.
(i) The term "Insured" also includes
(g) "Land": The land described in Schedule A, and affixed improvements
(A) successors to the Title of the Insured by operation of law
that by law constitute real property. The term "Land" does not
as distinguished from purchase, including heirs, devisees,
include any property beyond the lines of the area described in
survivors, personal representatives, or next of kin;
Schedule A, nor any right, title, interest, estate, or easement in abutting
(B) successors to an Insured by dissolution, merger, con-
streets, roads, avenues, alleys, lanes, ways, or waterways, but this
solidation, distribution, or reorganization;
does not modify or limit the extent that a right of access to and from
(C) successors to an Insured by its conversion to another
the Land is insured by this policy.
kind of Entity;
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other secufity
(D) a grantee of an Insured under a deed delivered without
instrument, including one evidenced by electronic means authorized
payment of actual valuable consideration conveying the
by law.
Title
(i) "Public Records": Records established under state statutes at Date
(1) if the stock, shares, memberships, or other equity
of Policy for the purpose of imparting constructive notice of matters
interests of the grantee are wholly-owned by the
relating to real property to purchasers for value and without Know -
named Insured,
ledge. With respect to Covered Risk 5(d), "Public Records" shall
also include environmental protection liens filed in the records of the
(2) if the grantee wholly owns the named Insured,
clerk of the United States District Court for the district where the
(3) if the grantee is wholly-owned by an affiliated Entity
Land is located.
of the named Insured, provided the,affrliated Entity
(j} "Title': The estate or interest described in Schedule A.
and the named Insured are both wholly-owned by the
same person or Entity, or
(k) "Unmarketable Title": Title affected by an alleged or apparent matter
that would permit a prospective purchaser or lessee of the Title or
(4) if the grantee is a trustee or beneficiary of a trust
lender on the Title to be released from the obligation to purchase,
created by a written instrument established by the
lease, or lend if there is a contractual condition requiring the delivery of
marketable title.
Page 2
0
4.
5.
R]
CONDITIONS (Continued)
CONTINUATION OF INSURANCE
-The coverage of this policy shall continue in force as of Date of Policy in
favor of an Insured, but only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by a purchase money
Mortgage given by a purchaser from the Insured, or only so long as the
Insured shall have liability by reason of warranties in any transfer or con-
veyance of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or interest in the Land,
or (ii) an obligation secured by a purchase money Mortgage given to the
Insured.
NOTICE OF CLAIM TO BE GIVEN BY.INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 5(a) of these Conditions, (ii) in case
Knowledge shall come to an Insured hereunder of any claim of title or
interest that is adverse to the Title, as insured, and that might cause
loss or damage for which the Company may be liable by virtue of this
policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of payment
that the Insured Claimant furnish a signed proof of loss. The proof of loss
must describe the defect, lien, encumbrance, or other matter insured
against by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of
the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of
an Insured in litigation in which any third party asserts a claim covered
by this policy adverse to the Insured. This obligation is limited to only
those stated causes of action alleging matters insured against by
this policy. The Company shall have the right to select counsel of its
choice (subject to the right of the Insured to object for reasonable
cause) to represent the Insured as to those stated causes of action.
It shall not be liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained
in Section 7 of these Conditions, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its
opinion may be necessary or desirable to establish the Title, as insured,
or to prevent or reduce loss or damage to the Insured. The Company
may take any appropriate action under the terms of this policy, whether
or not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this
policy. If the Company exercises its rights under this subsection, it
must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as
required or permitted by this policy, the Company may pursue the
litigation to a final determination by a court of competent jurisdiction,
and it expressly reserves the right, in its sole discretion, to appeal
any adverse judgment or order.
DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all. cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the
Company's expense, shall give the Company all reasonable aid (i) in
securing evidence, obtaining witnesses, prosecuting or defending
the action or proceeding, or effecting settlement, and (ii) in any other
lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the Insured to furnish the
required cooperation, the Company's obligations to the Insured under
the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or
matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit
to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying,
at such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain
to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the
Company to examine, inspect, and copy all of these records in the
custody or control of a third party that reasonably pertain to the loss
or damage. All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of
the Insured Claimant to submit for examination under oath, produce
any reasonably requested information, or grant permission to secure
reasonably necessary information from third parties as required in
this subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as to
that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay or
tender payment of the Amount of Insurance under this policy together
with any costs, attomeys' fees, and expenses inured by the Insured
Claimant that were authorized by the Company up to the time of pay-
ment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability, and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or
With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of
an Insured Claimant any claim insured against under this policy.
In addition, the Company will pay any costs, attomeys' fees, and
expenses incurred by the Insured Claimant that were author-
ized by the Company up to the time of payment and that the
Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment
and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (11), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend; prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
Page 3
(a) The extent of liability of 1he Company for loss or damage under this
policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions
and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect,
lien, or encumbrance, or cures the lack of a right of access to or from
the Land, or cures the claim of Unmarketable Title, all as insured, in
a reasonably diligent manner by any method, including litigation and
the completion of any appeals, it shall have fully performed its obli-
gations with respect to that matter and shall not be liable for any loss
or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court
of competent jurisdiction, and disposition of all appeals, adverse to
the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in settling any claim or
suit without the prior written consent of the Company,
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
('Rules"). Except as provided in the Rules, there shall be no joinder or
consolidation with claims or controversies of other persons. Arbitrable
matters may include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the
transaction giving rise to this policy. All arbitrable matters when the Amount
of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured. All arbitrable matters when the Amount
of Insurance is in excess of $2,000,000 shall be arbitrated only when
agreed to by both the Company and the Insured. Arbitration pursuant to
this policy and under the Rules shall be binding upon the parties. Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
of competent jurisdiction.
15.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees, and expenses, shall reduce the Amount of Insurance by the amount 16.
of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken
subject, or which is executed by an Insured after Date of Policy and which is
a charge or lien on the Title, and the amount so paid shall be deemed a
payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed
in accordance with these Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under
this policy, it shall be subrogated and entitled to the rights of the
Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person
or property, to the extent of the amount of any loss, costs, attorneys'
fees, and expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents to evidence
the transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these rights
and remedies.
If a payment on account of a claim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company s right of subrogation includes the rights of the Insured
to indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instru-
ments that address subrogation rights.
LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by
the Company is the entire policy and contract between the Insured
and the Company. In interpreting any provision of this policy, this
policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title
or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person, or expressly incorporated
by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of
this policy and is subject to all of its terms and provisions. Except as
the endorsement expressly states, it does not (1) modify any of the
terms and provisions of the policy, (t) modify any prior endorsement,
(ii) extend the Date of Policy, or (iv) increase the Amount of Insurance.
SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid
or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid, but all other provisions
shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance. upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction where
the Land is located.
Therefore, the court or an arbitrator shall apply the law of the juris-
diction where the Land is located to determine the validity of claims
against the Title that are adverse to the Insured and to interpret and
enforce the terms of this policy. In neither case shall the court or
arbitrator apply its conflicts of law principles to determine the appli-
cable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal
court within the United States of America or its territories having
appropriate jurisdiction.
1$. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to
be given to the Company under this policy must be given to the Company
at Claims Department, P.O. Box 2029, Houston, Texas 77252-2029.
Page 4
r
C.V. fled—X C.V. not req.
No delinquent taxes
Transfer Entered
8/24/2012 9:47:00 AM
Hennepin County, Minnesota
Mark V. Chapin
County Auditor and Treasurer
11111111111111111111111111111111111111111111111111
Doc No T4986700
Certified, filed and/or recorded on
8124/12 9:47 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Rachel Smith, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 58 Fkg ID 844986C
Doc Name: Quit Claim Deed
Document Recording Fee $46.00
State Deed Tax (.0033 rate) $260.04
Conservation Fee $5.00
Environmental Response Fund $7.88
(SDT .0001)
Document Total $318.92
Existing Certs New Certs
1166312
This cover sheet is now a permanent part of the recorded document.
-7 ? Poo
e,r-,(v //0 7 ;,?70
Form No. 31-M— QUIT CLAIM DEED
Cmporation, Panne ldp or Limited UsibUity Company to Corporation, Pwtowship or Limited Liability Company.
ACCOUNT #76
DEED TAX DUE: 257.92 C2� l7J: i Cil a76 BOX #147/LTl #
Date:
FOR VALUABLE CONS bFRATION, Twin Cities Community Land Bank LLC, a nonprofit United Liability Company
twderthe laws of Milmesota, Grantor, hereby conveys and quitclaims to City ofNew Hope, Grantee, a Corporation under
the laws of Minnesota , real property in Hennepin Cotm% Minnesota, described as follows:
SEE ATTACHED EXHIBIT A
togetiterwith all hereditaments and appurtenances, subject however, to all matters set forth on Exhibit 'T" attached
hereto and made part hereof.
Check box if applicable:
X The Seller certifies that the seller does not know of any wells on the described real property.
❑ A well disclosure accompanies this document.
❑ I am familiar with the property in this instrument and I certify that the status and number of wells have not changed since the last
previously Sled well disclosure certificate.
Twin CitiesZ4ity Land LLC
By:
Affix Deed Tax Stamp Here Margo Geffen
Its: Manager
By_
Its:
STATE OF MW ESOTA
I S8.
This a wxument was acknowledged before me on §4 -7 _� 2012, by Margo Geffen, the Manager of
Twin Cities Community Land Bank I Lr, a nonprofit Limited Liability Company under the laws of Minnesota, on behalf of
the Limited liability Company.
NOTARIAL STAMP OR SEAL (OR OTHER'TULLE OR RAND:
lRAC'it Wor
IONAnW 0 NOTARY PUBLIC OR OTHER OFFICIAL
NOWYP] –A2R,,�flw
ubRe MUnrasota
MY Comm. BOM 01/91/17 Check hero if part or all ofthe land is Registered (!omens) Jg
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDR11M):
Land Title, Inc.
2200 W. County Road C, Suite 2205
Roseville, MN 55113
392280
Tax Statrmerts Por the real ptoperty described in this inatemaent should
be sent to (include name and address of cn mteek
City ofNew Hope
4401 Xylon Av N
New Hage, MN 55428
C --r I,- \UNdno
EYM BIT A
Lot 14, Block 2, Meadow Lake Terrace, Hennepin County, Minnesota.
Exhibit `B"
Permitted Encumbrances
I. Restrictions, reservations, covenants and easements relating to use or improvement of the Property without
effective forfeiture provisions of record on the Effective Date;
2. Building and zoning laws, ordinances, city, state and federal regulations;
3. Governmental regulations, if any, affecting the use and occupancy of the Property;
4. All rights in public highways upon the land;
Easements for public rights -of --way and public and private utilities, which do not interfere with present
improvements;
6. Reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions
of the Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real
estate taxes:
7. The lien of unpaid special assessments, if any, not presently payable but to be paid as a part of the annual taxes to
become due;
S. The lien of unpaid real estate taxes, if any, not presently payable but to be paid as part of the annual taxes to
become due.
Council
f ' Request for Action
Originating Department
Approved for Agenda
Agenda Section
Community Development
March 11, 2013
Planning & Development
Item No.
By: Curtis Jacobsen, Director of CD
By: Kirk McDonald, City Manager
8.1
Resolution authorizing and approving Twin Cities Habitat for Humanity's acquisition of 5909 Aquila Avenue
Forth in the city of New Hope (project 914)
Requested Action
Council is requested to authorize the sale of 5909 Aquila Avenue North to Habitat for Humanity with Habitat
complying with all CDBG funding and income guidelines on the city's behalf.
Policy/Past Practice
The Council has previously authorized the acquisition of property in the city by Habitat.
Background
In August 2012 the city acquired the house at 5909 Aquila from the Twin Cities Community Land Bank for
$68,320.64. With the additional carrying cost the city currently has about $73,000 invested in the property.
Habitat has reviewed the house and finds it to be in very good condition and a good future home for one of
their clients. The location close to the Meadow Lake Elementary School is a very desirable location for
families. Habitat has been working for the past few months to line up the necessary resources for the
acquisition and rehabilitation of the house for one of their clients. Staff has negotiated a sale price on the
house to Habitat of $35,000 with the remainder of the cities investment considered a contribution toward the
project.
Funding
No city funds are going into this project. The original purchase price and carrying costs have come out of the
city's CDBG allocation for our scattered site housing program..
Recommendation
Staff recommends the City Council authorize the sale of this property to Twin Cities Habitat for Humanity for
$35,000.00.
Attachment
• Purchase Agreement
Motion by 4.,/ Second by'lL%
To:
I \RFA\COMM DEV1Develo ment\Housin \Q - R 5909 Aquila Ave for Habitat 3-11-2013.doc
RESOLUTION NO. 13-49
RESOLUTION APPROVING SALE OF 5909 AQUILA
AVENUE NORTH TO TWIN CITY HABITAT FOR HUMANITY,
(Lot 14, Block 2, Meadow Lake Terrace)
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, in August, 2012 the City of New Hope, a statutory Plan B City incorporated
under Minn. Stat. Chapter 412, acquired the property at 5909 Aquila Avenue North, (hereafter
Property) with PID 4 06-118-21-13-0023 and legally described as follows:
Lot 14, Block 2, Meadow Lake Terrace
WHEREAS, City Staff has negotiated an acceptable purchase price for the sale of the
Property to Twin City Habitat For Humanity, Inc. per the attached Purchase Agreement, and
WHEREAS, the City Council hereby authorizes and approves the sale of the Property to
Twin City Habitat For Humanity, Inc. per the terms of the attached Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofNew Hope as
follows:
1. The Mayor and City Manager are hereby authorized and directed to sign the attached
Purchase Agreement for the sale of the property at 5909 Aquila Avenue North legally
described as Lot 14, Block 2, Meadow Lake Terrace to Twin City Habitat For
Humanity, Inc.
2. The Mayor and City Manager are further authorized and directed to take any
additional and reasonable actions or steps necessary to effect the sale of the Property
to Twin City Habitat For Humanity, Inc. per the terms of the attached Purchase
Agreement
Dated the 11th of March, 2013. X `
TV
Kathi Hemken, Mayor "
Attest: /;v /-I i'O"ZW
Valerie Leone, City Clerk
PAATTORNCY%SA851 CLIENT FIIFSQ CITY OF NEW MOPE599- V 1751(PURCbU1SE OF 61 13 WHIlRFS01-VT)0N APPROVING PURCHAS IROM (:017N'fY.M)C
—1—
PURCHASE AGREEMENT
This Purchase Agreement is entered into effective March., 2013 by and between the City of
New Hope, a Minnesota municipal corporation ("SeIler") and Twin City Habitat for Humanity
Inc., a Minnesota nonprofit corporation ("Buyer").
Seller agrees to sell and Buyer agrees to purchase the "Property" as hereinafter defined:
1. PROPERTY: The Property is commonly known as 5909 Aquila Avenue North, New
Hope, Minnesota.
a. Real estate identified for tax purposes as PIN 06-118-21-13-0023 and legally
described as Lot 14, Block 2, Meadow Lake Terrace
b. The following personal property/fixtures to the extent located at the Property: all
plants, garden bulbs, shrubs and trees, all storm windows and inserts, storm
doors, screens, curtain -traverse -drapery rods, attached lighting fixtures, plumbing
fixtures, water heater and kitchen appliances.
2. PURCHASE PRICE AND PAYMENT OF PURCHASE PRICE: The real property
and the personal property/fixtures identified above are hereinafter collectively referred to
as the "Property" and are sold to the Buyer for the sum of Thirty -Five Thousand and
00/100 Dollars ($35,000.00), which Buyer agrees to pay in the following manner:
a. $1,000.00 as earnest money the receipt and sufficiency of which is
acknowledged;
b. $34,000.00 payable in cash at Closing;
3. CLOSING AND POSSESSION: Closing shall be on or before March 29, 2013 and
possession shall be delivered at Closing. Closing shall occur at the office of Seller's
attorney, Jensen Sondrall & Persellin, P.A. 8525 Edinbrook Crossing, Suite 201,
Brooklyn Park, MN or such other location as Buyer and Seller may agree.
4. MARKETABILITY OF TITLE AND CONVEYANCE: Subject to performance by
Buyer of its obligations under this Agreement the Seller shall evidence title in the
following manner:
a. Seller shall obtain, at Seller's expense, as soon as reasonably possible after the
full execution of this Agreement, a commitment applicable to the Real Property
and improvements thereon, for a standard Owner's policy of title insurance
including all name searches, a search for special assessments and including
legible copies of all documents referenced in Schedule B of the Commitment.
The premium for the Owner's Policy and for issuance of a Lender's policy shall
be paid by Buyer. Buyer shall have fifteen (15) days from receipt of the
Commitment to review, approve or object to the status of title to the Real
Property and to review, approve or object to any matters which adversely affect
marketability of title. Any matter to which Buyer does not object in writing
within fifteen (15) days shall be deemed waived and shall be a "Permitted
Encumbrance". Seller shall have thirty (30) business days after notice of any
written objection to title to eliminate or cure the same. If Seller is unable or
unwilling to do so, Buyer, at its option, by written notice to Seller may elect to;
(a) cancel this Agreement and the Earnest Money paid shall promptly be
refunded; or (b) accept title subject to the matter objected to taking the Property
"as is". Any exceptions to title Purchaser accepts or waives shall be deemed to be
Permitted Encumbrances.
b. Transfer and Condition of Title. At Closing, Seller shall convey good and
marketable and insurable fee simple title to the Real Property by a General
Warranty Deed subject only to Permitted Encumbrances and subject only to
items indicated in the Title Commitment which have been approved by Buyer.
Tangible Personalty shall be conveyed by Bill of Sale without warranty.
5. REAL ESTATE TAXES AND ASSESSMENTS: Real estate taxes and installments of
special assessments due and payable in the year 2013 shall be prorated between Seller
and Buyer as of the date of Closing calculated on the basis of a calendar year commenced
January 1, 2013. Real estate taxes and installments of special assessments due and
payable in the years prior to 2013 shall be paid by Seller. Buyer agrees to assume as of
the date of Closing all real estate taxes and special assessments due and payable in the
year 2014 and thereafter. Seller makes no other representations concerning the amount of
future real estate taxes or special assessments.
6. BUYER'S COVENANTS AND ACKNOWLEDGMENTS: Buyer makes the
following acknowledgments:
a. "AS IS" Purchase. Buyer acknowledges that it is accepting the Property in its "as
is" condition except as specifically provided herein. Buyer acknowledges that no
oral representations have been made in regard to the condition of the Property
upon which Buyer has relied and Buyer will rely solely upon Buyer's inspection
of the Property as permitted by paragraph 8 below.
b. Required Rehab Improvements onPro�eL!y, Buyer acknowledges and agrees
Seller has discounted the Purchase Price to reflect its current condition. Buyer
represents and covenants with Seller that Buyer shall make all improvements and
renovation necessary to meet current New Hope City Code requirements within
nine (9) months following the date of Closing.
C. Required Point of Sale Inspection. Buyer acknowledges and agrees that Buyer
will not sell, lease, give or transact any change to the title to the land or
improvements on the Property without first obtaining a Certificate of Property
Maintenance from the City of New Hope per the requirements of New Hage
Code §3-32.
d. Compliance with New Hoe CDBG Entitlement Program Rgquireinents. Buyer
has represented to Seller that the Property as improved will be sold only to a
party that meets the low and moderate income standards and all applicable
requirements of the New Hope CDBG Entitlement Program.
The requirements of subparagraphs b, c and d above shall survive Closing.
z
7. INSPECTION: Buyer has the right to inspect the Property prior to Closing and Buyer's
obligation to purchase the Property is subject to its acceptance of the physical condition
of the Property upon such inspection. If Buyer fails to have the inspection performed and
approved by Buyer prior to March 18, 2013 or does not notify Seller of Buyer's decision
by said date then this inspection contingency shall be deemed removed.
8. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may terminate this
Agreement, and on such termination all payments made hereunder shall be retained by
Seller, time being of the essence hereof. This provision shall not deprive either party of
the right of enforcing the specific performance of this Agreement, provided this
Agreement is not terminated and action to enforce specific performance is commenced
within six months after such right of action arises. In the event Buyer defaults in his
performance of the terms of this Agreement, and Notice of Cancellation is served upon
the Buyer pursuant to Minn. Stat. §,559.21, the termination period shall be thirty (30)
days as permitted by Minn. Stat. § 559.21, subd. 4.
9. RISK OF LOSS: If there is any loss or damage to the Property before the date of
Closing for any reason, all risk of loss shall be on Seller. If the Property is substantially
damaged or destroyed before the date of Closing, Buyer may cancel this Agreement by
providing written notice to Seller or Seller's agent. If Buyer cancels the Agreement, the
parties shall immediately sign a cancellation of this Agreement in confirmation, and
earnest money will be refunded to Buyer.
10. NOTICE REGARDING PREDATORY OFFENDER INFORMATION. Information
about the predatory offender registry and persons registered in it under Minn. Stat.
§ 243.166 can be obtained by contacting the local law enforcement offices in the
community where the property is located, or the Minnesota Department of Corrections at
(651) 642-0200 or at its web site, www.corr.state.mn.us.
11. LEAD PAINT DISCLOSURE: Buyer acknowledges receipt of the Lead Paint
Disclosure in the form attached as Exhibit A.
12, WELL DISCLOSURE: Seller does not know of any wells on the above-described Real
Property, however in the event a well is located prior to CIosing, Seller will cap the well
in accordance with applicable law and regulations prior to Closing.
13. METHAMPHETAMINE DISCLOSURE: To the best of Seller's knowledge
Methamphetamine production has not occurred on the Property.
14. NOTICES: All notices required herein shall be in writing and delivered personally or
mailed as follows:
To Seller: Curtis Jacobsen
Community Development Director,
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
763-531-5119
E -Mail: ciacobsen ci.new-ho e.mn.us
3
Copy to: Steven A. Sondrall
New Hope City Attorney
8525 Edinbrook Crossing
Suite 201
Brooklyn Park, MN 55443
763-201-0210
E -Mail: sas@jspattorneys.com
To Buyer: Twin City Habitat for Humanity, Inc.
30014" Street SE
Minneapolis, MiJ 55414
Email: mike.nelson@tchabitat.org
Copy to:
15. SEWAGE TREATMENT SYSTEM, Seller certifies there is no individual sewage
treatment system on or serving the Property. However, Seller has no knowledge of the
status of any former septic system which may have been located on the Property nor the
manner in which the same was abandoned.
15. WAIVER OF DISCLOSURES: Buyer acknowledges that the Property is being sold by
a municipal corporation and that the Buyer is aware of the physical condition of the
Property. With this knowledge the Buyer hereby waives the requirement of written
disclosure contained in Minn. Stat. § 513.52-60.
16. MISCELLANEOUS PROVISIONS.
a. This Agreement, together with the exhibits constitute the entire agreement
between Seller and Buyer, and there are no other covenants, agreements,
promises, terms, provisions, conditions, undertakings, or understandings, either
oral or written, between them concerning the Property other than those herein set
forth. No subsequent agreement shall be binding upon Seller or Buyer unless in
writing and signed by both Seller and Buyer.
b. All of the provisions of this Agreement are hereby made binding upon the parties
and their successors and assigns.
c. Time is of the essence of this Agreement.
d. This Agreement may be executed in counterparts. The execution by all of the
parties hereto by each signing a counterpart of this Agreement shall constitute a
valid execution and this Agreement and all of its counter parts so executed shall
be deemed for a] purposes to be a single document.
e. This Agreement shall be construed under and in accordance with the laws of the
State of Minnesota.
4-
f. The representations, warranties and covenants contained herein shall be effective
upon the date hereof, and on the Closing date and shall not merge into the deed
or any other document and shall survive Closing.
g. The parties acknowledge that each party and its counsel have reviewed and
approved this Agreement, and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement, or any amendment or exhibits
hereto.
h. If the day of any period or any day for performance under this Agreement falls
on a Saturday, Sunday, or legal holiday, then the final day for the period, or the
date of performance shall be extended to the next business day that is not a
Saturday, Sunday or legal holiday
i. Each party will pay its own attorney's fees and other consultant fees.
I, the owner of the Property, accept this I agree to purchase the Property for the price
Agreement and the sale hereby made. and on the terms and conditions set forth
above.
SELLER:
CITY OF NEW HOPE
Kath' ken, Mayor
Kirk McDonald, City Manager
BUYER:
TWIN CITY HABITAT FOR HUMANITY,
INC.
IZA
Robert White, Vice President and CFO
Delivery of all papers and monies shall be made at the office of-
Steven
f
Steven A. Sondrall
Jensen Sondrall & Persellin, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD,
SEEK LEGAL ADVICE.
PAAporneyM1j11-C1ient FaldersOty of New Hap699.1 136a\003-Prrchase Agm[-05.doc
5
EXHIBIT A
ADDENDUM TO PURCHASE AGREEMENT
DISCLOSURE OF INFORMATION ON LEAD-
BASED PAINT AND LEAD-BASED PAINT
HAZARDS
Date: March , , 2013
Addendum to Purchase Agreement between parties, dated March 2013 pertaining to the
purchase and sale of the property at 5909 Aquila Avenue North.
Section Y: Lead Warning Statement
Every buyer of any interest in residential real property on which a residential dwelling was built prior to
1978 is notified that such property may present exposure to lead from lead-based paint that may place
young children at risk of developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral
problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The
seller of any interest in residential real property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in the seller's possession and not6 the
buyer of any known lead-based paint hazards. R risk assessment or inspection for possible lead-based
paint hazards is recommended prior to purchase.
Seller' Disclosure (initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (check one below).
❑ Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
0 Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the
f housing.
/ (b) Records and reports available to the seller (check one below):
❑ Seller has provided the Buyer with all available records and reports pertaining to
lead-based paint and/or lead-based paint hazards in the housing (list documents
below).
IQ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint
hazards in the housing. _--_
Buye 's Acknowledgment (initial)
(c) Buyer has received copies of all information listed under (b) above,
4 (d) Buyer has received the pamphlet, Protect Your Family from Lead in Your Home.
(e) Buyer has (check one below):
❑ Received a 10 -day opportunity (or mutually agreed-upon period) to conduct a risk
assessment or inspection for the presence of lead-based paint and/or lead-based paint
hazards (If checked, see Section II below); or
pWaived the opportunity to conduct a risk assessment or inspection for the presence of
lead-based paint and/or lead/based Raint 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(4) and is aware 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
0
the informatio,a provided by the signatory is true and accurate.
(Sell (Date) (Buyer) (Date)
ti 13
(Seller) (Date) (Buyer) (Date)
(Real Estate Licensee) (Date) (Real Estate licensee) (Date)
Section It: Contingency (Initial only iffrst box under (e) is checked in Buyer's Acknowledgment above.)
This contract is contingent upon a risk assessment or an inspection of the property for the presence of
lead-based paint and/or lead-based pain hazards to be conducted at Buyer's expense. The assessment or
_ inspection
shall be completed within ❑ten(10) ❑ calendar days after acceptance of the Purchase
Agreement. '£his contingency shall be deemed removed, and the Purchase Agreement shall be in full
force and effect, unless Buyer or real estate licensee representing or assisting Buyer delivers to Seller or
real estate licensee representing or assisting Seller, within three (3) calendar days after the assessment or
inspection is timely completed, a written list of the specific deficiencies and the corrections required,
togetber with a copy of any risk assessment or inspection report. If the Seller and Buyer have not
agreed in writing within three (3) calendar days after delivery of the written list of required corrections
that: (A) some or all of the required corrections will be made; or (B) the Buyer waives the deficiencies;
or (C) an adjustment to the purchase price will be made, this Purchase Agreement is cancelled. Buyer
and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation
and directing all earnest money paid hereunder to be refunded to the Buyer. It is understood that the
Buyer may unilaterally waive deficiencies or defects, or remove this contingency, providing that the
Buyer or the real estate licensee representing or assisting Buyer notifies the Seller or real estate licensee
representing or assisting Seller of the waiver or removal, in writing, within the time specified.
7
NM: Can contact Minnesota Department of Children„
Families and Learning for a Certification of Verification of
consolidation of school districts to establish that the school
district that obtained title was merged or consolidated into the
school district that conveyed, or is conveying, title.
C. STATUTORY CITIES
(1) Certified copy of resolution of City council authorizing sale
and containing legal description. MILAN. STAT. §412.211
(2) Deed signed by Mayor and Clerk or City Manager.
MINN. STAT. §§412.201 and 412.691
REMINDER: This section applies to statutory cities
only and not to charter cities. For
charter cities, its charter must be
examined as said charter may provide its
own requirements such as:
- advertising
- bids
super majority
sale by resolution or ordinance
d. TOWNS (AND TOWNSHIPS)
(NOTE: Towns and Townships are used interchangeably)
Odegaad v. Cit A1y� b
33 Minn. 351,23 N.W. 526(1885)
(1) Certified copy of resolution of town supervisors determining
that real property (by legal description) is not required to be
held for a special purpose and authorizing its sale.
MINN. STAT. §366.01, Subd. 9
(2) Deed fmrn township, signed by Chairperson of town board
attested by town clerk. MINN. STAT. §365.05
(NO'YE; Deed must convey all of town's interest in the real
property.)
e. No attempt is made to prescribe the requisite instruments for valid
transfers of title to real estate by federal, state or other governmental
subdivisions not listed above. The particular statutes, charters,
resolutions and ordinances applicable to such entities must be
examined to determine such requirements.
1-D-12
Revised 6128102
Home Investment Partnerships Program (HOME)
Developer Purchase
i PURCHASE AGREEMENT ADDENDUM
Non -Eminent Domain Entity Purchase
This HO (Addendum) is to be made part of the Purchase Agreement (Agreement)
dated , 2013, between City of New Hope (Seller) and Twin Cities
Habitat for Humanity, Inc. (Buyer), for the property located at:
5909 Aquila Ave N, New Hope, MN, 55428 (the Property).
A. Environmental_ Review
Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of an environmental review and receipt by Hennepin County
under 24 CFR Part §58. The parties further agree that the provision of any fund to the
purchase is conditioned on Hennepin County's determination to proceed with, modify or
cancel the purchase based on the results of said environmental review. Further, the
buyer shall not undertake or commit any funds to physical or choice -limiting actions;
including property acquisition, demolition, movement, rehabilitations, conversion, repair,
construction, or execution of a construction cohtract prior to the environmental
clearance, as denial of any funds to purchase may result.
B. Disclosure to Seller With VQlugtary, Arm's,Length Purchase Offer
This is to Inform you the Buyer would like to purchase the property under this
Agreement to owner occupy, if a satisfactory agreement can be reached. This purchase
may receive funding assistance from the U.S. Department of Housing and Urban
Development (HUD).
Please be advised that the Buyer does not have authority to acquire your property by
eminent domain. In the event we cannot reach an amicable agreement for the purchase
of your property, the Buyer will not pursue this proposed acquisition.
We believe the property Is worth ($) 167,000 based on tax assessed value. The' Buyer
is prepared to offer you ($) 35,000 to purchase your property and receive clear title to
the property under the conditions described in the attached Agreement. The Buyer
believes this amount represents the current market value of your property.
Since the purchase would be a voluntary acquisition, arm's length transaction, you would
not be eligible for relocation payments or other relocation assistance in accordance with
the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA).
Seller's Initials Buyer's Initials
Page 1 of 2
In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act
(URA), owner -occupants who move as a result of a voluntary acquisition are not eligible for
relocation assistance. A tenant -occupant who moves as a result of a voluntary acquisition for a
federally -assisted project may be eligible for relocation assistance.' Such displaced persons may
include. not only current lawful occupants, but also former tenants required to move for any
reason other than an eviction for cause in accordance with applicable federal, state, and local
law. If your property is currently tenant -occupied or a tenant lawfully occupied your
property on or after February 17, 2009, we need to know immediately. Further, you
should not order current occupant(s) to move, or fail to renew a lease, in order to sell the
property to us as vacant. Also, as indicated in the contract of sale, this offer Is made on
the condition that no tenant will be permitted to occupy the property before the sale is
complete.
Again, if you do not wish to sell the property, the Buyer will take no further action to
acquire it. If you are willing to sell the property under the conditions described in this
Agreement, please sign the Agreement and Initial this Addendum. Your signature on the
Agreement and your initials on this Addendum constitute acknowledgement that you
have received this disclosure. Please contact the Buyer if you have any questions about
this disclosure.
Seller's Initials
Page 2 of 2
Buyer's Initials
City of New Hope
Project Bulletin;
5909 Aquila Avenue North
PROJECT NO. 914
The New Hope City Council recently gave final approval for the city to sell 5909 Aquila Avenue North to
Twin Cities Habitat for Humanity. Habitat will close on the property in late March and plans a summer- fall
rehabilitation of the property. A new Habitat client family will move in after they have met all the agency
requirements. In the interim and prior to the rehabilitation starting, if you happen to see unusual activity at
the site, please call the Inspections Department at 763-531-5127 so that they can investigate.
The Council would like to encourage a city/community work day at the site to help the project along. If you
are interested in volunteering with Habitat on this project, please contact Riley Moynihan at 612-305-7166. If
you have questions or comments about the sale or the project, please call the New Hope Community
Development Department at 763-531-5110.
Date 3/18/2013