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IP #751Redevelopment Eligibility Assessment Proposed City of New Hope East Winnetka Area TIF District New Hope, ION Final Report November 13, 2003 Prepared by: Short Elliott Hendrickson, Inc. (SEH) Butler Square Building, Suite 7100 100 North Oh Street Minneapolis, MN 55403 SEH No. A-NEWHP0301.00 City of New Hope City of New Hope East Winnetka Area TIF District November 13, 2003 PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the City of New Hope, New Hope, Minnesota, to survey and evaluate the properties within the proposed City of New Hope East Winnetka Area Tax Increment Financing District. The proposed district consists of an `L-shaped' area at the southeast comer of Winnetka Avenue North and Bass Lake Road. The area includes the addresses from 5340 Winnetka to 5550 Winnetka on the east side of Winnetka Ave. and from 7601 Bass Lake to 7809 Bass Lake generally on the south side of Bass Lake Rd. The purpose of our work was to independently ascertain whether the qualification tests for tax inurement eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed district consists of 37 parcels comprised of the following types of improvements: 3 commercial structures, 18 residential structures, 1 vacant parcel with street or parking improvements, 2 vacant parcels with no improvements, and 13 parcels deemed substandard per 2003 Minnesota Special Legislation. EVALUATIONS Of the twenty-one (21) buildings in the proposed district, nine (9) were made available for both interior and exterior evaluations. Exterior evaluations only were conducted for twelve (12) buildings. FINDINGS Coverage Test — Twenty-nine (29) of the thirty-seven (37) parcels, including the 13 parcels determined substandard by Special Legislation, met the coverage test, resulting in a 77% area coverage. This exceeds the 70% area coverage requirement. Condition of Buildings Test — Fifty-seven (57) percent of the buildings — 12 of the 21 buildings — were found to be "structurally substandard" when considering code deficiencies and other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of "structurally substandard" as follows). This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for Redevelopment Tax Increment Financing District Funding. SUPPORTING DOCUMENTS ATTACHED Site Occupied/Building Substandard Determination table TIF Assessment maps: Building Assessment, Impervious Surfaces, Percent Improved by Parcel Report on Building Condition (one per building) Individual Building Summary Report (one per building) PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 469.174, Subdivision 10, clause (c) which states: Interior Inspection — "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means — "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation — "Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3, clause (1)." Refer to attached Exhibit A -- Documentation of Contacts/Evaluations' for documentation for these purposes. PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of New Hope sent letters to all property owners located in the district requesting that an inspection and evaluation be made of their property. Following the letter request, SEH made requests for evaluation appointments with the building owner or building tenants. An exterior and interior inspection and evaluation was completed if consented to by the owner or tenant. An exterior inspection and evaluation was made of the property where either the owner refused interior access to their property or the scheduling of the evaluation was not able to be coordinated with the owner within the time given for the evaluations. New Hope Building Official, Doug Sandstad, accompanied and assisted SEH with the building inspection at three properties: 5518 Winnetka, 5520 Sumter, and 7615 Bass Lake. SEH conducted assessments between July 30, 2002 and August 22, 2002. For the subject buildings, the City of New Hope provided copies of all available building permits on record for review by SEH. These permits provide a basic description of type of work completed for each permit and, in some cases, approximate value of work to be completed. Additional building data was collected from public taxpayer information available from Hennepin County. Building data from these public records was combined with and reviewed against information gathered in the field. QUALIFICATION REQUIREMENTS The parcels were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met. Note that the following tests do not apply to 13 parcels within the district, which have been deemed substandard for the purpose of qualifying the district as a redevelopment district, per 2003 Minnesota Special Legislation. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test — "parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures ..." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test — " ... and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" The term `structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Conditions Test: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Code Test: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard if it: "... is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." Based on the above requirements, the substandard determination of a particular building is a two-step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because the Code Test is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the main test of the Conditions Test. Furthermore, deficiencies included in the Conditions Test may or may not include specific code deficiencies as listed in the Code Test. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying Conditions Test; conversely, it is certainly possible that identified hazards or other deficiencies which could be included in the Conditions Test do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. The Conditions Test is more subjective, whereas the Code Test is an objective test. Conditions Test deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in the Code Test. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Conditions Test, the following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of " ... deficiencies in essential utilities and facilities, light and ventilation, etc..." Uniform Building Code (UBC): The purpose of the UBC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures (UBC 101.2). A deficiency in the building code (insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard `life or limb ...and public welfare'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code, Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. The ADA is a federal anti -discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities". Minnesota Food Code, Chapter 4626: This chapter is enforced by the Minnesota Department of Health and is similar to the UBC in that it provides minimum standards to safeguard public health in areas of public/commercial food 2 preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities". National Electric Code (NEC): The purpose of the NEC is the practical safeguarding of persons and property from hazards arising from the use of electricity. The NEC contains provisions that are considered necessary for safety (NEC 90-1 (a) and (b)). A deficiency in the electric code (insufficient electrical service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities". Uniform Mechanical Code (UMC): The purpose of the UMC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of beating, ventilating, cooling, and other appliances (UMC 102). The UMC sets specific requirements for building ventilation, exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the `health ... and public welfare' of a building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light and ventilation". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under the Code Test on the basis of "reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." VA MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH obtained information in a GIS (Geographic information Systems) database format from Hennepin County to obtain individual parcel information. The GIS database contained graphic information (parcel shapes) and other related parcel information. This information was used by SEH for the purposes of this assessment. The total square foot area of each property parcel was calculated from the GIS parcel information and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography (Spring, 2000). The total square footage of site improvements was then digitally measured and confirmed by general site verification. The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Impervious Surfaces map and Percent Improved by Parcel map. The total area of all qualifying parcels, including the 13 parcels determined substandard by Special Legislation, was compared to the total area of all parcels to determine if the 70% requirement was met. Condition of Building Test Replacement Cost — the cost of constructing a new structure of the same size and type on site: R. S. Means Square Foot Costs (2002) was used as the industry standard for base cost calculations. R_ S. Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a "national average" for materials and labor prices for all types of building construction. The base costs derived from R. S. Means were reviewed, and modified if applicable, against our professional judgement and experience. A base cost was calculated by first establishing building type, building construction type, and construction quality level (residential construction) to obtain the appropriate Means cost per square foot. This cost was multiplied times the building square footage to obtain the total replacement cost for an individual building. Additionally, to account for regional/local pricing, a cost factor was added to the total cost according to R.S. Means tables. Using R. S. Means, consideration is made for building occupancy, building size, and construction type; therefore, the cost per square foot used to construct a new structure will vary accordingly. Building Deficiencies: Conditions Test (Condition Deficiencies} — determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. 8 On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Condition Deficiencies may or may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. Building Deficiencies: Code Test (Code Deficiencies) — determining technical conditions that are not in compliance with current building code applicable to .new buildings and the cost to correct the deficiencies: On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted. On-site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers, Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): • Building accessibility — Minnesota Accessibility Code • Building egress, building construction — Uniform Building Code • Fire protection systems — Uniform Building Code • Food service — Minnesota Food Code HVAC (heating, ventilating, and air conditioning) — Uniform Mechanical Code Electrical systems — National Electric Code and Minnesota Energy Code • Energy code compliance — Minnesota Energy Code Energy code compliance is relevant in determining the Code Test (Code Deficiencies) because its criteria affect the design of integral parts of a majority of a building's systems. The intent of these criteria is to provide a means for assuring building durability, and permitting energy efficient operation (7676.0100). The energy code addresses general building construction (all forms of energy transmission in an exterior building envelope — walls, roofs, doors and windows, etc.) and energy usage by lighting and mechanical systems. A deficiency in the energy code (inadequate insulation, non -insulated window systems, improper air infiltration protection, etc.) reduces energy efficient operation and adversely affects building system durability and; therefore, applies to the Code Test. Office evaluations — Following the on-site evaluation, each building was then reviewed, based on on-site data, age of construction, building usage and occupancy, square footage, and known improvements (from building permit data or physical observation), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost — Costs to correct identified deficiencies were determined by using R. S. Means Cost Data and our professional judgement and experience. In general, where several items of varying quality were available for selection to correct a deficiency, an item of average cost was used, as appropriate for typical commercial or residential applications. Actual construction costs are affected by many factors (bidding climate, size of project, etc.). Due to the nature of this assessment, we were only able to generalize the scope of work for each correction; that is to say that detailed plans, quantities, and qualities of materials were not possible to be known. Our approach to this matter was to determine a preliminary cost projection suitable to the level of detail that is known. This process was similar to our typical approach for a cost projection that may be given to an owner during a schematic design stage of a project. Costs to correct deficiencies were computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. The total number of buildings determined to be "structurally substandard" by satisfying both the Conditions Test and the Code Test in this manner was compared to the total number of buildings in the district to determine if the 50% requirement was met. Reports on Building Condition and Individual Building Summary Reports are available for review at the offices of SEH and the City of New Hope. 10 Technical Conditions Resources — the following list represents the current building codes applicable to new buildings used in the Building Deficiency review. The following codes have been adopted by the City of New Hope: 1998 Minnesota State Building Code 1997 Uniform Building Code 1997 Uniform Housing Code MN 1341— Minnesota Accessibility Code, Chapter 1341 (1999) Minnesota Energy Code, Chapter 7670 1996 National Electric Code 1991 Uniform Mechanical Code PROJECT TEAM: Jason P. Zemke, ALA, Project Architect Nancy G. Schultz, AIA, Principal DOCUMENTATION OF CONTACTS/EVALUATIONS EXHIBIT A CITY OF NEW HOPE___ EAST WINNETKA AREA REDEVELOPMENT ELIGIBILITY ASSESSMENTS Note: preliminary resort findings were due to City of New Hope on 8128102 MAP ID 1BUSINESSIPARCEL NAME OWNER/CONTACT NAME/NUMBER DOCUMENTATION OF CONTACTS/ ATTEMPTS; COMMENTS SUBSTANDARD DETERMINATION 13 ! R S Sucky Richard Sucky: 763-533-2057 7/10102 - City of New Hope letter of request; 815 - spoke to Richard N by phone, access to property denied; 8116 - exterior evaluation a _ completed 17 Jose A Mendez Jose Mendez: 763-537-1166 7110/02 - City of New Hope letter of request; Lett message on N answering machine 7/26 and 8105; 8/14 - left notice on front door; no response given; 8/16 - exterior evaluation completed 18�lCity of New Hope Brad Carlson: 763-533-8609 N (owner at time of evaluation) 7/10/02 - City of New Hope letter of request; 7/30 - spoke to Brad by phone, interior access denied; 8/16 - exterior evaluation completed 19 Karen M Fischer Ron Fischer. 612-816-0793 7/10/02 - City of New Hope letter of request; 7/31 - spoke to Ron by N phone, indicated he would contact me to schedule an appt., later denied access directly to Ken Doresky; 8/16 exterior evaluation completed 20 C R Dahlman Clifford Dahlman: no number 7/10/02 - City of New Hope letter of request; 8/14 - spoke to Clifford f N in person, denied access to property; 8116 exterior evaluation completed 21 V N Arens Martha Arens: 763-537-1927 7/10/02 - City of New Hope letter of request; 815 - spoke to Martha N by phone, access to property denied; 8/16 exterior evaluation completed 22 F Tomaszewski Michael Tomaszewski: 763-536 7/10/02 - City of New Hope letter of request; 7/30 - received voice Y 8925 mail from Michael, access to property denied; 8/16 - exterior evaluation completed 29- D A Cline Carol Cline: 763-533-2556 7/10102 - City of New Hope letter of request; 7126 - spoke to Carol Y by phone, interior access denied; 8/16 - exterior evaluation completed 32 John E Dore John Dore: 763-533-5218 N 7110102 - City of New Hope letter of request; 815 (4:30 pm) - spoke to John by phone, 'not sure' about interior access, instructed to call back same time next day; 816 (4:30 pm & 5:00 pm) - John was not home to take call, message left; 8114 - left notice on front door; no response given; 8116 - exterior evaluation completed 36 C M Moo Casey Moo: 763-971-8529 7110102 - City of New Hope letter of request; 815 - spoke to Casey Y by phone, interior access denied; 8116 - exterior evaluation completed 38 M Hilgers Matthis Hilgers: 763-537-1053 7110102 - City of New Hope letter of request; 7126 - spoke to Matthis N by phone, access to property denied; 8116 - exterior evaluation completed 41 T J & L K White Tim White: 763-536-9142 7110102 - City of New Hope letter of request; 815 - spoke to Tim by w N phone, access to property denied; 8116 - exterior evaluation completed July 10, 2002 4401 Xylon Avenue North Now Hope, Minnesota 55428-4898 www.d.new-hopemn.us «Title». « FirstName>> ((LastName)> «Company» «Address1» «City», ( State)> uPostalCode» City Han: 763-531-5100 Police: 763-531-5170 Public Works: 763-533-4823 TDD: 753-531-5109 RE: East Winnetka Area -- Tax Increment Financing District Study Dear «Title». (cLastName»: City Hall Fax: 763 -531 -5136 - Police Fax: 763-531-5174 Public Works Fax: 763-533-76M In 2000 the City received a Metropolitan Council Livable Communities Grant to study redevelopment opportunities in the roughly quarter -mile area encircling the intersection of Winnetka Avenue North and Bass Lake Road. A task force of stakeholders is currently studying redevelopment opportunities within this area designated as the east Winnetka area, and has developed a number of redevelopment concept plans. In conjunction with the planning efforts, the City is also studying the potential of creating a tax increment financing district in the east Winnetka area to facilitate the proposed redevelopment. In 1998 the New Hope City Council passed a resolution approving the City of New Hope Comprehensive Plan Update. The east Winnetka area is referenced in the City's Comprehensive Plan as an area intended for future redevelopment. The potential redevelopment of this area is intended to improve and maintain the housing stock, improve access onto Winnetka Avenue and Bass Lake Road and more fully utilize the land. Over the past few years, the City has purchased thirteen properties in the area for future redevelopment purposes. The City is now accepting development proposals for the Livable Communities Area based on plans developed by the Livable Communities Task Force. A number of the development proposals include the east Winnetka area. The proposals have not been completed and have not been approved by the City Council. Based on the City's preliminary analysis, it is likely that some portion of the redevelopment will need to be funded with tax increment financing, which requires the creation of a tax increment district. One of the steps in creating a tax increment financing district is the examination of building condition. The City Council has hired the engineering firm Short Elliott Hendrickson, Inc. (SEH) to examine businesses and houses in the identified area. The condition of the buildings will be determined by outside and inside examinations. Also, public records such as building permits will be reviewed and structural aspects of the buildings will be compared to the current State of Minnesota Building Code. It is beneficial if the interior of the building can be reviewed, however, interior examinations are voluntary. Please be assured that the interior examination in no way relates to determining the value of your property. It will not influence potential negotiations with pending or future purchasers of your property or be a determinant in your property assessment examination. Knowing the condition of the buildings will simply help determine if a tax increment financing district can be created. Family Styled City 4& For Family Living Page 2 JU.ly 10, 2002 The City is requesting your cooperation in this tax increment financing area study. Although not mandatory, a voluntary interior examination of your home would be appreciated. SEH will begin these interior examinations, which can be completed in approximately 30-45 minutes., the week of July 15 and should be completed by August 26. Jason Zemke, Project Architect, will be contacting you by phone to schedule an appointment or he will be contacting you in person to conduct the interior and exterior evaluation. If desired, you may call Jason directly to schedule an appointment at 612-758-6788. If you have any questions or comments, do not hesitate to contact Kirk McDonald, Director of Community Development at 763-531-5119, kmcdonalffici.new-hgpe.mn.us or Ken Doresky, Community Development Specialist at 763-531-5137, kdoreskyCci)_ci.new-hope.mn.us. Sincerely, Daniel J. Donahue City Manager Enc.: Proposed East Winnetka Tax Increment Financing District Area Map Cc: Mayor and City Council Kirk McDonald, Director of Community Development Steve Sondrall, City Attorney Mary Molzahn, Krass Monroe — City of New Hope Financial Consultant Jason Zemke, Short Elliott Hendrickson, Inc. Ken Doresky, Community Development Specialist Doug Sandstad, Building Official Erin Seeman, Community Development Intern Valerie Leone, City Clerk (Improvement Project File No. 724) Ar ..M. ap!*` 4 Ct _6 f 0 ...W6`-aftBffipted'to perform an intedor,physical. evaluati Of. your prope4y We 6 -like t schedule M appointment Nyith,:Y(>u perform our today would - e iilm "Me of the evalbad `b- t and v P C on is to deterone, y interior exterior review, the conditi . on.Qf yourbuildingTo 6 e the type . ' rd rtb'. etenim �of t district mai: beproject: incremen that may f6r wi '. The evaluadon will- take approximately 15 to 20 minutes.- interior evaltiatiotis are voluntam andfor an exterior yoq pped not be present or eyalpikion. Please-eall Jaso'n Zemke, SEH 8ngLneering,.at 612-758-6788 to schedulean evaluatiOn time for your property -L We plan on completing our evaluations by August 20,, 2002: Date.of Attempt Name of Evaluator SITE COVERAGE/BUILDING SUBSTANDARD DETERMINATION 11/1312003 CITY DR NEW HOPE EAST WINNETKA AREA REDEVELOPMENT ELIGIBILITY ASSESSMENT TEMP TAX TYPE OF SITE AREA COVERAGE SITE COVERAGE TOTAL # # ID ID FULL NAME IMPROVEMENT (s.f. % COVERAGE (91) QUANTITY BUILDINGS SUBSTANDARD 5 061152Of?19 {`I NM. 6 0511821330020 JOHN SOCKHAUS BUILDING/PAVED LOT 15,8 64.13 55.65 8,828,34 15,884.13 1 1 7 0511821330021 J A & M R SHOWALTER BUILDING/PAVED LOT 15,668.12 86.82 13,602.61 15,868,12 1 1 8 0511821330081 CITY OF NEW HOPE VACANT/PAVED LOT 1,067,11 46.71 498.46 1,067.11 0 9 0511821330083 CITY OF NEW HOPE VACANT 924,60' 0.00 0,00 0,00 0 10 0511821330082 CITY OF NEW HOPE "SPECIAL 16,056.21 100.00 16,056.21 16,056.21 0 .11 05118213WG22 12 , 05118213 OP28 ; A A} L�L1 RkTT ; % iAINt w; . '. � 1, pALlItC7'41 Ce;4 $S 7�9g ,:: s ,7 i4.fi13 7 1 e • ' : l , 13. A511821330007i:(iCiCV$TAl�1:,:•..`fJIGI,PAVpI,''.-4i?: ;4-.'2,82 "'632w:«:°.1;r1,6„ 1. lA 0511891330018:..OITY-O NEIM DJ�E r. ; F:'�.M' GAI.: 21 15 '051182133' CITY.C7F'.WiQI?E-i�i»DI�1P1?Cd3.Lif "•.-' '.;�` :147T°.; 4i# 16 0511821330017 CITY OF NEW HOPE BUILDING/PAVED LOT 20,061.54 25.65 5,144.86 20,061,54 1 1 17 0511821330006 JOSE A MENDEZ BUILDING/PAVED LOT 19,790.94 9.75 1,929.37 0.00 1 0 18 0511821330004 CITY OF NEW HOPE BUILDING/PAVED LOT 24,233,46 25.55 6,192.18 24,233.46 1 0 19 0511821330003 KAREN M FISCHER BUILDING/PAVED LOT 26,279.76 15,24 4,005.77 26,279,76 1 0 20 0511821330016 C R DAHLMAN ETAL BUILDING/PAVED LOT 20,517.93 12,55 2,574.73 0.00 1 0 21. 0511.82:1330015 ::V N /4i l NSIM s.+AfREot�1S',TRIJ3TE S BC11LD111C11J?AV D L6T 19,621;8 10.30,: `.2; :i2. Q,OQ:.=';; +1 _ :,�;• 0 - a: 'k 22 0511&21330014',i=RAP�GIS,TTOAASWlGt.1AUL•.` '.BC11DiiVG/}�spV�D1Q9{ ?9163s "t2' tq�ir<;> °''2,fl28:34 0l�0' .',��,.�: I-•::;,. 23 • d`i11.82133�Q13 ' CI7Y til*'SIE HQPE • ' ' : ; , 6? GIAt� �' 2d 47(!' 2 1 0 0 70.:U i� : 00 0':,�;w: ``�. a+!, 2047 `24 0611✓32y330 11i 61TY Or;.1NSWt'N6C? 00,017' 1 ' $'a5 .. 25 05.11821.330Q12 : - CITY QF tN1±1d FiORES _ „_ �CEA�tT .._ . . , , .• i i;y,:. 0 dd .. , _ -.. :400 Oa .,• _ �. " ., . -. �, _ r., 26 0511821330009 CITY OF NEW HOPE *SPECIAL 8,685.74 100.00 8,685.74 8,685.74 0 27 0511821330010 CITY OF NEW HOPE *SPECIAL 11,465.84 100.00 11,465.84 11,465.84 0 28 0511821330008 CITY OF NEW HOPE "SPECIAL 19,350.85 100.00 19,350.85 19,350.85 0 29 0511821330005 D A CLINE & C A CLINE BUILDINGIPAVED LOT 28,097,50 12.01 3,375.61 0.00 1 1 30 0811821220001 CITY OF NEW HOPE *SPECIAL 38,511.22100.00 38,511.22 38,511.22 0 3.1 .05118213004,°`OetY.OP9 P : y litCCi '::' r::' '1@;871. 1.'LL. 'aiQ�7;tf0 a ` tM41 �Iei17�8 y 32 -051 182133.W .'Eft ��"`b' ;:��7,34&;2 .Z3`24T.. ,+is44#i � �.yS 11E 1�c,'1! _ ;('• 6' ' 33 051152133FII)2gf.: Gi'6YyOF' Ni~1iY.F(1 E : li4G; ' . ? 18; 45. :1 0 .3 ,' 1 34C JI _ ! -A -i 04 05'11821330085, :,Cl LOT.' i� 4��r�4 ' ' � } �2 ' � at is i° 7"7e� � ' « •� 1, -as., 05i t82i33Q033 :. B lKTRICE Df7L1 N .. �, ffi I F?Il�ili^al lb�'1x 7 36 0511821330089 C M MOO &A P MOO BUILDING/PAVED LOT 15,329.30 34.51 5,290.11 15,329.30 1 1 37 0511821330027 CITY OF NEW HOPE *SPECIAL 32,608.85 100.00 32,608.85 32,608.85 0 38 0511821330088 M HILGERS ETAL BUILDING/PAVED LOT 14,858.41 16.12 2,395.83 14,858.41 1 0 39 0511821330087 CITY OF NEW HOPE *SPECIAL 21,968.19 100.00 21,968.19 21,968.19 0 40 0511821330026 NEW HOPE ALANO GROUP INC BUILDING/PAVED LOT 30,901.70 72.99 22,556.16 30,901.70 1 1 2�a48 43 R W2 - (ii�f `.,. ,>� -, 1 � `� :',?^G1 k 4100 _fir 44 ROW3'" ROW ... ■ , _g .:4 '3,i1�.3i�0. ° (),I)0 _. t. 0.00 @:0@• �. G ? . PERCENTAGES * Parcel deemed Substandard according to 2003 Minnesota Special Legislation 7Z7,758.U3 377;523.6 560;953.79 21 72. 77:14% Y _ I Y - � .y . W.• � !L rTS 4 - `111141111,OF AM 'i{ C l*; u -t - 41.4 I. y ,�0 Imo. `_��..♦ '� * - .IV 4 1 �S too Ole CITY OF NEW HOPE 1 ILyLv •-BVI uv u�1 y11 u11 -.I I I ASSESSMENT Building Assessment •'!. On 0 175 350 Feet Legend C3Project Boundary Q Parcel Boundaries i Q Buildings Under Study 0 Substandard Per Special Legislation Hennepin County Coordinate System (it) Source: Hennepin County. and SEH. Eal L m 0 0 N 14 12 YJ - IV �- - ,, 24 1 i i 1 ** =1 CITY OF NEW HOPE REDEVELOPED ELIGIBILITY ASSESSMENT Impervious Surfaces 0 175 350 Z:l Feet Legend Project Boundary Parcel Boundaries Substandard Per Special Legislation Impervious Flag No Yes 0 Hennepin County Coordinate System (tt) Source: Hennepin County, and SEH. 11 J t k p 3.5 Ir_ I i IV aw, .� j ### loop �r � . • - wl t� - ` 390 � 5 F r i A CITY OF NEW HOPE REDEVELOPED ELIGIBILITY ASSESSMENT 7-11 350 % Improved By Parcel Feet Legend Project Boundary Q Parcel Boundaries Prart_Impr 0% Developed 1 -15 % Developed 0 15 % Developed Substandard Per Special Legislation __..... .,.. ..__-__. - ...... _J Hennepin County Coordinate System (it) Source: Hennepin County, and SEH. '=J Report on Building Condition Building ID/Business Name/Address: ,obn Bockhaus 6-1 Structurally Substandard Building (Y/N): Step One Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Retaining wall and building foundation wall at exterior stairway is cracked and displaced • Stoop settling away from building at back entrance Essential Utilities & Facilities • Deficient in facilities for disabled: no designated accessible parking available; lack of exterior accessible route to entrance; lack of accessible hardware at entrance; lack of maneuvering clearance and accessible hardware at interior doors; lack of maneuvering clearance and accessible features at toilet rooms; inaccessible service counter (height) • Toilet fixture lacks adjacent non-absorbent wall and floor surfaces Light & Ventilation • Deficient in meeting Mechanical code: for building construction prior to 1989, mechanical systems do not provide sufficient number of air exchanges • Inadequate soffit and attic ventilation provided Fire Protection/Egress • Deficient exterior stairway: deficient rise/run; additional handrails required • Deficient exterior door: deficient threshold height • Lack of smoke detector/detection system on an individual floor and in each bedroom Similar Factors • Wood fascia is rotted at several roof valleys; several window sills are rotted, all other window frames in need of paint Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $240,952.32 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $46,844.34 Percentage of Code Deficiency to Replacement Cost: 19.44% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (Y/N): Step One J A & M R Showalter 771 Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Essential Utilities & Facilities • Building occupancy requires elevator access to second floor spaces • Deficient in facilities for disabled: no designated accessible parking available; lack of exterior accessible route to entrance; lack of maneuvering clearance and accessible hardware at interior doors; lack of maneuvering clearance and accessible features in toilet rooms • Building occupancy requires installation of drinking fountain Light & Ventilation • Deficient in meeting Mechanical code: for building construction prior to 1989, mechanical systems do not provide sufficient number of air exchanges Fire Protection/Egress • Deficient interior stairway: deficient rise/run; deficient handrail height, terminations, and extensions; deficient guardrail construction Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $874,636.27 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $152,034.44 Percentage of Code Deficiency to Replacement Cost: 17.38% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Betty L Deino 11-1 Structurally Substandard Building (YIN): Step One M'1 Under the tax increment law, specifically, Minnesota Statutes, Section 469.1.74, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Horizontal crack/displacement at mid -point of basement foundation wall; basement walls have several vertical and horizontal settlement cracks Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient emergency egress: lack of basement and bedroom emergency egress windows • Deficient exterior door: • Deficient interior stairway: deficient rise/run; deficient landing length; insufficient headroom; additional handrails required • Lack of smoke detector/detection system in each bedroom Similar Factors • Exterior wood fascia and some areas of siding in need of paint Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $112,076.84 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $27,063.76 Percentage of Code Deficiency to Replacement Cost: 24.15% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (YIN): Step One Margueritte C Hanle 12-1 Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Evidence of water damage to floor joists below old kitchen area • Horizontal crack/displaceinent at mid -point of basement foundation wall in addition area Essential Utilities & Facilities • Deficient in facilities for disabled: Light & Ventilation • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient exterior stairway: additional handrail required • Deficient emergency egress: lack of basement and bedroom emergency egress windows • Deficient exterior door: lack of exterior door landing • Deficient interior stairway: deficient stairway width; deficient rise/run; insufficient headroom; additional handrails required; deficient guardrail construction • Lack of smoke detector/detection system on an individual floor and in each bedroom Similar Factors • Water damagelpresence of mold on finished ceiling in basement below shower Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 156 of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $126,820.61 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $22,389.28 Percentage of Code Deficiency to Replacement Cost: 17.65% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: R S Sucky Et Al 13-1 Structurally Substandard Building (Y/N): N Step One Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, Iight and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance_" The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code • Lack of adequate soffit ventilation provided Fire Protection/Egress • Deficient emergency egress: lack of basement emergency egress window Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $148,686.72 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $17,554.58 Percentage of Code Deficiency to Replacement Cost: 11-81% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ED/Business NamelAddress: City of New Hope 15-1 Structurally Substandard Building (Y/N): Step One Y Under the tax increment law, specifically, Minnesota statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code • Lack of adequate soffit ventilation provided Fire Protection/Egress • Deficient emergency egress: Iack of bedroom emergency egress windows • Deficient interior stairway: deficient landing length; insufficient headroom; additional handrails required; deficient handrail height and returns • Lack of smoke detector/detection system on an individual floor and in each bedroom Similar Factors 0 Majority of interior window frames rotted/damaged by moisture Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $130,291.25 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $25,164.46 Percentage of Code Deficiency to Replacement Cost: 19.31% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: City of New Hope 16-1 Structurally Substandard Building (Y/N): Step One Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.114, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance" The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient emergency egress: lack of basement and bedroom emergency egress windows • Deficient exterior door: lack of door landing • Deficient interior stairway: insufficient width and headroom; additional handrails required; deficient handrail height and terminations; deficient guardrail construction • Lack of smoke detector/detection system in each bedroom Layout/Condition of Interior Partitions • Shower in lower level bathroom is unusable — the/wallboard is damaged/removed; evidence of water damage around shower base Similar Factors • Fascia boards are rotted at rear of house; fascia, soffit, in need of paint on south side, siding in need of repair to make weather -tight Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 150 of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $111,745.39 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $24,580.60 Percentage of Code Deficiency to Replacement Cost: 22.00% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Jose A Mendez 17-1 Structurally Substandard Building (YIN): Step Orme N Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, ligbt and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Inadequate soffit ventilation provided Similar Factors • Wood fascia in need of paint Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $83,897.71 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $12,330.08 Percentage of Code Deficiency to Replacement Cost: 14.33% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business NamdAddress: City of New Hope 18-1 Structurally Substandard Building (YIN): Step One N Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire ProtectiordEgress • Deficient exterior stairway: deficient guardrail construction Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $165,057.94 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $12,312.32 Percentage of Code Deficiency to Replacement Cost: 7.46% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Karen M Fischer 19-1 Structurally Substandard Building (Y/N): Step One N Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Similar Factors • Wood siding in need of paint; exterior stucco has numerous cracks, especially at northwest corner by basement window Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $132,369.53 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $15,144.96 Percentage of Code Deficiency to Replacement Cost: 11.44% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: C R Dahlman Et Al 20-1 Structurally Substandard Building (Y/N): Step One fol Under the tax increment law, specifically, Minnesota Statutes, Section 4by.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1480, plumbing systems contain lead soldered connections, which are non-compliant with current building code Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress Deficient exterior stairway: additional handrails required; deficient guardrail construction Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $11.8,922.43 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $9,368.72 Percentage of Code Deficiency to Replacement Cost: 7.88% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (YIN): Step One V N Arens! M C Arens Trustees 21-1 N Under the tax increment law, specifically, Minnesota Statutes, Section 4b9.174, Subdivision I0, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, Iight and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $138,941.19 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $12,240.00 Percentage of Code Deficiency to Replacement Cost: 8.81% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Francis T Tomaszewski W/1, E 22-1 Structurally Substandard Building (Y/N): Step One k'1 Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle Iocations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient exterior stairway: deficient rise/run Similar Factors • Gravel drive underdeveloped for urban residential area Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $85,439.20 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $14,139.92 Percentage of Code Deficiency to Replacement Cost: 16.55% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (YIN): Step One D A Cline & C A Cline 29-1 Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Similar Factors • Wood siding in need of paint Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site_ Estimated cost of new building of same size and type (Total Replacement Cost): $131,406.60 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $21,046.72 Percentage of Code Deficiency to Replacement Cost: 16.02% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: John E Dore Et Al 32-1 Structurally Substandard Building (Y/I): Step One 1►1 Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.- The learance" The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Severe sag/deflection in roof ridge Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code * Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code • Inadequate soffit ventilation provided Sinvlar Factors • Wood fascia in need of paint; some wood fascia rotted above garage Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $98,998.68 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $13,865.92 Percentage of Code Deficiency to Replacement Cost: 14.01% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: City of New Hone 34-1 Structurally Substandard Building (YIN): Step One Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance" The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code * Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient emergency egress: lack of bedroom emergency egress windows • Deficient interior stairway: insufficient headroom; deficient handrail height and grip; deficient guardrail construction • Lack of smoke detector/detection system on an individual floor and in each bedroom Layout/Condition of Interior Partitions • Basement floor and wall finishes destroyed by standing water; evidence of mold on floor and wall finishes Similar Factors • Poor surface drainage conditions at perimeter have led to water penetration in crawlspace and basement • Wood fascia and window trim in need of paint; several window frames are rotted Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $116,270.28 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $17,909.32 Percentage of Code Deficiency to Replacement Cost: 15.40% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (YIN): Step One Beatrice Dolan 35-1 �1 Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Horizontal crack/displacement at mid -point of basement foundation wall; several settlement cracks in exterior foundation wall in rear Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient exterior stairway: additional handrails required • Deficient emergency egress: Iack of basement and bedroom emergency egress windows • Deficient interior stairway: deficient rise/run; insufficient headroom; deficient handrail height and returns; deficient guardrail construction • Lack of smoke detector/detection system on an individual floor and in each bedroom Similar Factors • Minor moisture damage to ceiling finish in kitchen and in a bedroom Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $114,701.07 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $23,324.64 Percentage of Code Deficiency to Replacement Cost: 20.34% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (Y/N): Step One C M Moo & A P Moo 36-1 Y Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code • Inadequate soffit ventilation provided Fire Protection/Egress • Deficient exterior stairway: deficient width • Deficient exterior door: deficient threshold height Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 150 of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $95,038.73 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $16,592.48 Percentage of Code Deficiency to Replacement Cost: 17.46% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: M Hdeers Et All 38-1 Structurally Substandard Building (Y/1): Step One 0 Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Structural Elements • Front stoop has settled away from house • Masonry veneer is sagging above overhead garage door Light & Ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code • Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Fire Protection/Egress • Deficient exterior door: deficient landing length Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $84,132.41 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $12,556.32 Percentage of Code Deficiency to Replacement Cost: 14.92% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: Structurally Substandard Building (Y/N): Step One New Hove Alano Group Inc 40-1 Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual interior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Essential Utilities & Facilities • Building occupancy and use requires installation of new elevator • Deficient in facilities for disabled: accessibility parking incorrectly designated; exterior accessible route too steep; Iack of maneuvering clearance at exterior entrance; lack of maneuvering clearance at interior doors; lack of maneuvering clearance and accessible features in toilet rooms; inaccessible public sink (knee clearance) • Building occupancy requires additional toilet fixtures and drinking fountains • Toilet fixtures lack adjacent non-absorbent wall surface Fire Protection/Egress • Deficient exterior door: deficient threshold height; deficient landing length • Deficient interior stairway: deficient rise/run; deficient landing length; additional handrails required; deficient handrail height, grip, returns, and extensions Layout/Condition of Interior Partitions • In general, interior wall and ceiling finishes in poor condition (smoke film, holes, cracks) Similar Factors • Evidence of moisture penetration/mold on south basement wall • Wood fascia in need of paint Step Two Notwithstanding the foregoing, the tax increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $474,796.73 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $101,577.64 Percentage of Code Deficiency to Replacement Cost: 21.39% Refer to Individual Building Summary Report for documentation of specific code deficiencies. Report on Building Condition Building ID/Business Name/Address: T J & L K White 41-1 Structurally Substandard Building (Y/N): Step One N Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." The above building, based upon actual exterior inspection and review of building permit records, meets the above -referenced definition of structurally substandard for the following reasons: Light & Ventilation Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are non-compliant with current building code Similar Factors ■ Wood fascia in need of paint on west side Step Two Notwithstanding the foregoing, the tax, increment law also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the current building code at a cost of less than 150 of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $193,502.13 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $10,612.32 Percentage of Code Deficiency to Replacement Cost: 5.48% Refer to Individual Building Summary Report for documentation of specific code deficiencies. MAP ID # 6-1 PID # 511821330020 Parcel Name JOHN BOCKHAUS Inspector JPZ Inspection Date N Survey Method INTERIOR Bldg Occupancy B Bldg Type COM Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9 Floor Area 1660 Building Area 2490 Year Built 1954 Sprinkiered N Elevator N INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $125.00 1,660.00 Story Height Adjustment (Add or Deduct) $0.00 0.00 Basement $18.80 830.00 Location Factor** add 0.08 Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement ( Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 $207 Y Deficiency Cost $24,240.00 $0.00 $12,644,34 $0.00 $9,960.00 $0.00 Deficiency Area/Number Unit Cost Deficiency Cost of Req'd Improvements Accessibility (Exterior) -1See Minneosts Accessiblity Code, Ch. 1341 1 No disability parking available - MN 1341.0403; add striping for one stall plus signage N $240.00 $24Q.00 No exterior accessible route (that does not require use of stairs) from site access to building entrance - MN N $700.00 $700.00.' 1341.0422; remove accessibility barriers, provide new sidewalk Exterior entrance door on an accessible route without lever handle or loop-style hardware; MN 1341.0442; N $200,00 $200:00 replace existing door hardware Accessibility (Interior) -1995 Minnesota Accessibility Code, Ch. 1341 1 Door on an Interior accessible route without required maneuvering clearance at door approach or door opening 2 $250.00 $500.00 Is less than 32" clear width - MN 1341.0442; remove existing barriers or wall framing, patch walls Door on an interior accessible route without lever handle or loop-style hardware - MN 1341.0442; replace 4 $175,00 $700.00 existing door hardware Toilet room door without required maneuvering clearance at (Interior) door approach - MN 1341,0442; remove 2 $0,00 $0.00 existing barriers or wall framing, patch walls Toilet room without unobstructed 5'-0" turning radius within room - MN 1341.0460; remove barriers or wall 2 $0.00 $0,00 . framing, enlarge toilet room and patch walls Toilet room without 30'x48" clear space for forward approach at lavatory - MN 1341.0454; remove barriers or 2 $0.00 $0.00. wall framing or modify base cabinet Toilet room without lever or similar faucet controls for lavatory - MN 1341.0454; replace existing lavatory faucet 2 $0.00 $0.00 Toilet room without plumbing Insulation/covering for lavatory - MN 1341.0454; provide plumbing 2 $0.00 $0.00. Insulationlcovering Toilet room accessories (soap dispenser, towel dispenser, etc.) that are mounted higher than 40" max. above 2 $0.00 $0.00 the floor - MN 1341.0470; relocate existing toilet accessories Toilet room without clear space for side transfer water closet/tollet stall - MN 1341.0448; remove barriers or wail 2 $0100 $0.00 framing, enlarge toilet room and patch walls Toilet room without toilet seat at 17"-19" above the floor - MN 1341.0448; replace existing toilet fixture 2 $0.00 $0.00. Toilet room without horizontal and vertical grab bars for water closetAoilet stall - MN 1341.0448; provide now 2 $0.00 $0,00 grab bars (18", 36', 42') Toilet room accessibility Improvments due to noncompliant clearances at fixtures or doors, and heights of 1 $15,000.00 $15,000.00 fixtures - MN 1341.0454; major remodeling: remove barriers or wall framing, enlarge toilet room by relocating one or more walls (affect one or more adjacent spaces) Less than 5% of public/common use saleslservice counter/window at 36" max. above the floor or 36' min, width 1 $400.00 $400:00 - MN 1341.0720; relocate/adjust height of counter and base cabinet Building Egress -199'7 Uniform Building Code (UBC) 1 Exterior flight of stalra with noncompliant riselrun (7" max. rise/11" min. run) - UBC 1003.3.3.3; remove existing 1 $700.00 $700.00 stairs, provide new stairs (assume 3 treads total) Exterior flight of stairs without handrails - UBC 1003.3.3; provide new handrail (assume 3 treads total) Calculated $250.00 $500.00 Exterior door with greater than W threshold (accessible) or 1" threshold (non-accessible) - UBC 1003.3.1.6; 2 $500.00 $1,000.00 ' assume replacement of exterior stoop required: remove existing stoop, provide new stoop Building Construction -1997 Uniform Building Code (11,18C) 1 Toilet mcm/shower moms without non-absorbarri floor surface (concrete, ceramic tile, sheet vinyl, etc.) - U8C 2 $500.00 $1,000:00 807.1.1; Assume 50 s.f. space, remove existing flooring, provide new flooring Urinals or water closet without adjacent non-absorbent wall surface - UBC 807,1.2; assume 20 s.f. wall surface, 2 $100.00 $200.00 provide new fiberglass reinforced wall paneling ad tQ existing lixture Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -insulated) - MN 7872.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f, perimeter x 4'-0" x $3.28 (insulation + excavation)) For building construction prior to 1976, rim -]Gist area with less than R-10 insulation - MN 7972.0800; provide new batt insulation 01 perimeter x 1'-0 x $0.70) Heating, Ventilation, and Cooling Systeme (HVAC) • Commercial deficiencies For building construction prior to 1989, mechanical systems do not provide sufficient number of air exchanges; upgrade air handling units (cooling and heating ocil + controls) for increased air exchanges ((s f, area x 1.25 cfm/a.f. = addltional dm required) x $2.00/cfm) For building construction prior to 1989, condensing unit does not provide sufficlent cooling for Increased air exchanges above; upgrade condensing unit !or additional air exchanges ((additional of required/500 ton/aim = additional ton cooling required) x $60OAon) For building construction prior to 1989, building electrical systems are not sufficient to handle additional mechanical units associated with increased air exchanges; provide Increased capacity to existing electrical system (s.f. x $2.00/s.f.) Miscellaneous Lack of Insulated, weather -tight enclosure for basement; add new insulated door assembly Inadequate attic & soffit ventilation - add new roof ridge vents and vented soffits Calculated occupancy 16 Calculated loads # Exat. SathwTlt. Rms. 2 $2,125.44 #Exst. Tlt.-M/Unisex 2 1 #Exst. Lay.-M/Unisex 2 1 #Exst. Tit, -F $2.00 0 #Exst. Lay. -F 0 0 #Exst. Drinking Ftn. 0 0 Page 3 15 $700.00 1 $10,500.00 648 $3.26 $2,125.44 27 $0.70 $18.90 1 2075 $2.00 $4,150.00 4.15 $600.00 $2,490.00 1680 $2.00 $3,$20,00 1 1 $1,100.00 $1,100.00 $2,000.00 MAP ID # 7-1 PID # 511821330021 Parcel Name J A & M R SHOWALTER Inspector JPZ Inspection Date Survey Method INTERIOR Bldg Occupancy B Bldg Type COM Wall Construction MASONRY Roof Construction WOOD FRAMED # Stories 2 Basement (Y/N) N Story -Height 12 Floor Area 3116 Building Area 6232 Year Built 1 Sprinklered Elevator '"F.0�tVWMA INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame Story Height Adjustment (Add or Deduct) Basement Location Factor** Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 r 2.00 $809,848.40 0.00 $0.00 0.00 $0.00 0.08 $64,787.87 $874,636.27 $152,034.44 17.38% Deficiency Cost $95,215.00 $0.00 $19,427.44 $0.00 $37,392.00 $0.00 Deficiency Accessibility (Exterior) -1889 MInneosta Acosssiblity Code, Ch. 1341 No disability parking available - MN 1341.0403; add striping for one stall plus signage No exterior accessible route (that does not require use of stairs) from site access to building entrance - MN 1341.0422; remove accessibility barriers, provide new sidewalk Accessibility (Interior) -1999 Minnesota Accessibility Code, Ch. 1341 Building occupancy of floor (greater than 30 occupants) above or below level of access requires installation of an elevator - MN 1341.0405; provide new elevator Door on an Interior accessible route without required maneuvering clearance at door approach or door opening is lose than 32' clear width - MN 1341.0442; remove existing barriers or wall framing, patch walls Door on an Interior accessible route without lover handle or loop -style hardware - MN 1341.0442; replace existing door hardware Toilet room door without required maneuvering clearance at (interior) door approach - MN 1341.0442; remove existing barriers or wall framing, patch walls Toilet room without unobstructed 5'-0' tuming radius wlthin room - MN 1341.0460; remove barriers or wall framing, enlarge toilet room and patch walls Toilet room without 30'x48" clear space for forward approach at lavatory - MN 1341.0454; remove barriers or wall framing or modify base cabinet Toilet room without lever or similar faucet controls for lavatory - MN 1341.0454; replace existing lavatory faucet Toilet room without plumbing insulation/covering for lavatory - MN 1341.0454; provide plumbing insulation/covering Toilet roam accessories (soap dispenser, towel dispenser, etc.) that are mounted higher than 40' max. above the floor - MN 1341.0470; relocate existing toilet accessories Toilet room without dear space for side transfer water closelAollet stall - MN 1341.0448; remove barriers or wall framing, enlarge toilet roam and patch walls Toilet room without toilet seat at 17"-19' above the floor - MN 1341.0448; replace wdsting toilet fixture Toilet room without horizontal and vertical grab bars for water cicsetAoilet stall - MN 1341.0448; provide new grab bars (18', 364, 424) Toilet room accessibility improvments due to noncompliant clearances at fixtures or doors, and heights of fixtures - MN 1341.0454; major remodeling: remove barriers or wall framing, enlarge toilet room by relocating one or more walls (affect one or more adjacent spaces) Building Egress -1997 Uniform Building Code (UBC) Flight of stairs with nonoompliant rise/run (7' max. dsell I I min. run) - UBC 1003,3.3,3; replace stairs, modify railings and adjacent walls Stair handrails are not located at 34"-38' above the tread - UBC 1003.3.3.6; relocatelmodify existing handrail Stair handrail ends do not return to walls or terminate in newel posts - UBC 1003.3.3,6; modify existing handrail end Stair handrail ends do not extend 12" beyond the top riser or 12" plus one tread beyond the bottom riser - USC 1003.3.3.6; modify existing handrail end Stair flight or landing with nonoompilant guardrail (42" min. height, 4" or 12' min, spacing between intermediate rails) - UBC 1003.3.3.7; provide now guardrail (estimate 3'-6" Iln, Feet) Page 2 ArealNumber Unit Cost Deficiency Cost of Req'd. Improvements 1 N $240.00 $240.00 N $700.00 $700.00 1 $52,725.00 1 $52,725.00 4 $250.00 $1,000.00 4 $175.00 $700.00 4 $0.00 $0.00 4 $0.00 $0.00 4 $0.00 $0.00 1 $0.00 $0.00 4 $0.00 $0.00 2 $0.00 $0.00 d $0.00 $0.00 4 $0.00 $0.00 4 $0.00 $0.00 2 $15,000.00 $30,000.00 1 $0.00 $0.00 4 $50.00 $200.00 $50.00 $400.00 10 $50.00 $500.00 6 $300.00 $1,800.00 Page 3 Stairway Improvements requried due to nonoompilent rise/run, headroom, and landings - UI3C 10003.3.3; minor 2 $2,500.00 $5,000.00 remodeling: replace stairs, modify railings, bindings, and adjacent walls (considered minimum commercial remodel cost, maximum residential remodel cost) Building Construction - 1997 Uniform Building Cade (UBC) 1 Occupancy of building requires installation of additional drinking fountain - UBC 2905; provide new accessible 1.00 $1,950.00 $1,950.00 drinking fountain and plumbing Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672,76-14, or 7676 1 For building construction prior to 1976, foundation wall with less than R-5 Insulation • MN 7672.0800, MN 223 $3.28 $731.44 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (l.f. perimeter x 4'-0" x $3.28 (Insulation+ excavation)) For building construction prior to 1976, attic/roof area with less than R-38 Insulation (residential) or R-23 3116 $6.00 $18,696.00 Insulation (commercial) - MN 7672.0800, MN 7676.0700; assume total reroof required, 'flat' roof, built-up roofing and roof edge (s1 mot x $6.00) Heating, Ventilation, and Cooling Systems (HVAC) - Commercial deficiencies 1 For building construction prior to 1989, mechanical systems do not provide sufficient number of air exchanges; 7790 $2.00 $15,580.00 upgrade air handling units (cooling and treating coil + controls) for increased air exchanges ((s.f. area x 1.26 cfmts.f. - additional cfm required) x $2,OOkfm) For building construction prior to 1989, condensing unit does not provide sufficient cooling for increased air 15.58 $600.00 $9,348.00 exchanges above; upgrade condensing unit for additional air exchanges ((addltional dm requlmd1500 ton/cfm additional ton cooling required) x $600hon) For building construction prior to 1989, building electrical systems are riot sufficient to handle additional 6232 $2.00 $12,464.00 mechanical units associated with increased air exchanges; provide increased capacity to existing electrical system (s.f. x $2.0013.1.) Calculated occupancy 62 Calculated loads # Exst. BathsMt. Rms. 4 #Exst. TIt.-M/Unisax 4 1 #Exst. Lav,-WUnisex 2 1 #Exst. Tlt. -F 1 #Exst. Lay.-F 2 1 #Facet. Drinking Ftn, 0 1 Page 3 MAP ID # 11-1 PID # 511821330022 Parcel Name BETTY L DEJNO Inspector JPZ z t' ; _'.e Inspection Date Survey Method INTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 2 Basement (Y/N) Y Story -Height 9 Floor Area 960 Building Area 1155 Year Built 1948 Sprinklered N Elevator N INDIVIDUAL- BUILDING SUMMARY REPORT NOW Exterior Wail And Frame Story Height Adjustment (Add or Deduct) Basement* Location Factor** Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469,174 10 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 30% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interlor)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems .. _ _. ... ,w w.e .., -. .,.. v"a• 'i�x� ;swan; ''?a 9 w ,o. � ~s.r s. 's'"''C ��., Page 1 Cast 55.00 $93,589.65 0.00 $0.00 68.00 $7,380.48 0.11 $11,106.71 $112,076.84 $27,063.76 24.15% Deficiency Cost $10,400.00 $250.00 $11,413.76 $0.00 $3,000.00 $2,000.00 Deficiency Building Egrosse -1997 Uniform Building Code (UBC) Bedroom/slaeping room without 5.7 a.f. min, openable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Residential basemerit without 5.7 s.f. min. openable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, excavate for window well, provide new window and window well Flight of stairs with noncompliant rise/run (7" max. rise/11 " min. run) - UBC 1003.3.3.3; replace stairs, modify railings and adjacent wells Stairway landing does not extend 44" In direction of travel at top or foot of stairs - UBC 1003.3.3.5; reconflgure/remodel adjacent walla Stairway flight with less than 6'-8" min. clear headroom - UBC 1003.3.3.4; assume modification of ceiling framing or structure is required, patch ceiling Flights of stairs without handrails - USC 1003.3.3; provide new handrail (assume 9' floor to floor) Stair handrail ends do not return to walls or terminate in newel posts - UBC 1003.13.6; modify existing handrail end Stair flight or landing with noncompliant guardrall (42" min. height, 4" or 12" min. spacing between Intermediate ralls) - UBC 1003.3.3.7; provide new guardrall (estimate 3'-6" lin. Feet) Stairway Improvements recluded due to noncompliant rlse/run, headroom, and landings - UBC 1003.3.3; minor remodeling: replace stairs, modify railings, landings, and adjacent wails (considered minimum commercial remodel cost, maximum residential remodel cost) Fire Protection Systems -1997 Uniform Bullding Code (USC) Smoke detector/detection system not provided in each sleeping room - UBC 310.9.1.4; provide a new hardwired smoke detector Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672" 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -Insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building constriction prior to 1976, foundation wall with less than R-5 Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f, perimeter x 4'-0' x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems oontaln lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/flxture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential constriction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroomlkitchentgarage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Kitchen countertop outlet receptacle without GFCI protection - NEC 210-6; provide new GFCI protected outlet Bathroom outlet receptacle without GFCI protection - NEC 210.8; provide new GFCI protected outlet Garage outlet receptacle without GFCI protection - NEC 210-8; provide now GFCI protected outlet Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 3 $1,000.00 $3,000.00 N $4,000.00 $4,000;00 $0.00 $0.00 I $0.00 $0.00 2 $0.00 $0.00 Calculated $400.00 $400.00 4 $50.00 $200.00 $300,00 $300.00 $2,500.00 $2,800.00 1 2 $125.00 $250.00 14 $700.00 $9,800.00 492 $3.28 $1,613.76 1 3 $1,000.00 $3,000.00 1 e $2,000.00 $2,000.00 2 $0.00 $0.00 1 $0.00 $0.00 1 $0.00 $0.00 Calculated occupancy 3 Calculated loads # Exst, BathaMt. Rms. #Exst. Tit.-M/Unisex 1 1 #ExsL Lay.-M/Unisex i 1 #Exst. Tlt. -F 0 #East. Lay.-F A #East. Drinking Fin, D Page 3 MAP ID # 12-1 PID # 511821330026 Parcel Name MARGUERITTE C HANLE Inspector Inspection Date Survey Method Bldg Occupancy Bldg Type Wall Construction Roof Construction # 5tories Basement (Y/N) Story -Height Floor Area Building Area Year Built Sprinklered Elevator 3'PZ11:. _ .. INTERIOR R SF WOOD FRAMED WOOD FRAMED 1 Y 9' 1312 2272 1948 N/A INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $76.10 Story Height Adjustment (Add or Deduct) $0.00 Basement* $15.01 Location Factor** add Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 50% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 Ccs? 1,312.04 $99,843.20 0.00 $0.00 960.00 $14409.60 0.11 $12,567.81 $126,620.61 17.65% Deficiency Cost $12,400.00 $500.00 $7,489.28 $0.00 $0,00 $2,000.00 Deficiency Area/Number Unit Cost of Req'd. Improvements Building Egress -1987 Uniform Building Code (UBC) Exterior stair flight or ianding with noncompliant guardrail (42" min, height, 4' or 12" min. spacing between 1 $300.00 intermediate rails) - UBC 1003.3.3.7; provide new guardrail (estimate 5 lin. feet) Bedroom/sleeping room without 5.7 s.f. min. openable window/door area for emergency escape directly to the 3 $1,000.00 exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Residential basement without 5.7 31 min, openabie window/door area for emergency escape directly to the N $4,000.00 exterior - UBC 310.4, remove existing window, enlarge opening, excavate for window well, provide new window and window well Exterior door landing less than 44" min. in direction of travel - UBC 1003.3.1.7; assume replacement of exterior 1 $500.00 stoop required: remove existing stoop, provide new stoop Interior stair less than 36' min. clear width - UBC 1003.3.3.2; widen stairs, modify railings and adjacent walls $0.00 Flight of stairs with noncompliant rise/run (7" max, MGM V min, run) - UBC 1003,3.3,3; replace stairs, modify 1 $0.00 railings and adjacent walls Stairway flight with less than V-8" min. clear headroom - UBC 1003.3.3.4; assume modification of ceiling $0.00 framing or structure Is required, patch ceiling Flights of stairs without handrails - UBC 1003.3,3; provide new handrail (assume S' floor to floor] Calculated $400.00 Stair flight or landing with noncompliant guardrail (42' min, height, 4" or 12' min. spacing between intermediate 3 $300.00 rails) - UBC 1003.3.3.7; provide new guardrail (estimate 3'-6" lin. Feet) Stairway improvements requried due to noncompliant rise/run, headroom, and landings - UBG 1003.3.3; minor 1 $2,500.00 remodeling: replace stairs, modify railings, landings, and adjacent walls (considered minimum commercial remodel cost, maximum residential remodel cast) Fire Protection Systems -1997 Uniform Building Code (UBC) Smoke detector/detection system not provided on each floor (Including basement) - UBC 310.9.1.4; provide a 1 $125.00 new hardwired smoke detector Smoke detector/detection system not provided In each sleeping room - UBC 310.8.1.4; provide a new 3 $125.00 hardwired smoke detector Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -Insulated) - MN 7672.0800, MN a $700.00 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with leas than R-5 Insulation - MN 7672,0800, MN 7678.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f. perimeter x N-0' x $3.28 (Insulation + excavation)) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchsNgarage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing Is to be 12'-0" o.c, along a wall, etc.) - NEC; upgrade receptacle locations throughout house Kitchen countertop outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Bathroom outlet receptacle without GFCI protection - NEC 210.8; provide new GFCI protected outlet Calculated occupancy 4 Calculated loads Page 2 576 $3.26 1 $2,000.00 2 $0.00 2 $0.00 Deficiency Cost 1 $300,00 $3,000.00 $4,000.00 $500.00 $0.00 $0.00 $0.00 $1,200.00 $900.00 $2,500.00 $125.00 $375.00 1 $5,600.00 $1,889.28 1 $2,000.00 $0.00 $0.00 # Exst, Baths/Tlt. Rms. 2 #East. Tlt.-M/Unlsex 2 t #Exst. Lay.-M/Unisex 2 t #Exst, 'nt. -F 0 0 #Exst. Lay.-F 0 0 #Exst. Drinking Fin, 0 0 Page 3 MAP ID # 13-1 PID # 511821330007 Parcel Name R S SUCKY ETAL Inspector rPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1400 Building Area 2800 Year Built 1951 Sprinklered N Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $76.79 i,400,00 $107 Story Height Adjustment (Add or Deduct) $0.00 0.00 Basement* $18.89 1,400.00 $26 Location Factor** add 0.11 $14 Total Replacement Cost $148 Total Deficiency Costs 1 1 $17 Percentage of Code Deficiency To Replacement L Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y *Residential Basement 80% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems v Page 1 N Deficiency Cost $6,000.00 $0.00 $7,554.88 $0.00 $3,000.00 $2,000.00 Deficiency Building Egress -1997 Uniform Building Code (UBC) Residential basement without 5.7 s.f. min. opsnable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, excavate for window well, provide new window and window well Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1876, foundation wall with less than R-5 insulation - MN 7672,0800, MN 7876.0700; excavate foundation wail at perimeter of building, assume add insulation depth to 4' below finished floor (I.f. perimeter x 4'-0" x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; removetreplace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential def lciencles,1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathrooffMtchanlgarage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing Is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Miscellaneous Inadequate soffft ventilation - replace soffit material wlcontinuous vented soffits Calculated occupancy 4 Calculated loads # Exst. BatheRlt. Ams. #Exst. 71t.-M/Unisex #Exst. Lay.-MNnisex #Exst. Flt. -F 0 #Exst. Lav, -F 0 0 #Exst. Drinking Fin, 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements N $4,000.00 $4,000.00 1 8 $700.00 $5,600.00 596 $3,28 $1,954,8@ 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 1 $1,000.00 MAP ID # 15-1 PID # 511821330002 Parcel Name CITY OF NEW HOPE Inspector JPZ `,. Inspection Date Survey Method INTERIOR Bldg Occupancy R Bldg Type 5F Wail Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1470 Building Area 2940 INDIVIDUAL BUILDING SUMMARY REPORT Cos_ t Exterior Wall And Frame $72.351 1,470.00 $106 Story Height Adjustment (Add or Deduct) $0.00 0.00 Basement* $7.50 1,470.00 $11, Location Factor** add 0.11. $12 Total Replacement Cost _ $130, Total Deficiency Cost j 1 $25 Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) Year Built 1956 Sprinklered N/A Elevator N/A *Residential Basement 100% Unfinished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems 19.31% Deficiency Cost $7,050.00 $500.00 $12,014.46 $0.00 $3,000.00 $2,000.00 q ati: "� •bid•; q. Page 1 Deficiency Building Egress -1997 Uniform Building Code (UBC) Bedroom/sleeping room without 5.7 a.f, min. openable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Stairway landing does not extend 44" In direction of travel at top or foot of stairs - UBC 1003.3.3.5; reoonfigure/remodel adjacent walls Stairway flight with less than 6'-8" min. clear headroom - UBC 1003.3.3.4; assume modification of ceiling framing or structure is required, patch ceiling Flights of stairs without handralis - UBC 1003.3.3; provide new handrail (assume 9' floor to floor) Stair handrails are not located at 34"-38" above the tread - UBC 1003.3.3.6; relocatelmodify existing handrail Stair handrail ends do not return to walls or terminate in newel posts - UBC 1003.3,3.6; modify existing handrail end Stairway Improvements requded due to nonoompllani rise/run, headroom, and landings - UBC 1003.3.3; minor remodeling: replace stairs, modify railings, landings, and adjacent walls (considered minimum commercial remodel cost, maximum residential remodel cost) Fire Protection Systems -1997 Uniform Building Code (UBC) Smoke detectoNdetectton system not provided on each floor (including basement) - UBG 310.9.1.4; provide a now hardwired smoke detector Smoke detector/detection system not provided in each sleeping room - UBC 310.9.1,4; provide a new hardwired smoke detector Energy Code Complilamn - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with less than R-6 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wail at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f. perimeter x 4'-0' x $3.28 (insulation + excavation)) For building construction prior to 1976, rlm jolst area with less than R-10 insulation - MN 7672.0800; provide new batt Insulation (I.f. perimeter x 1'-0 x $0.70) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/fixturs) Electrical Systems - Residential deficiencies, 1000 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing is to be 12'-0" o,c, along a wall, etc.) - NEC; upgrade receptacle locations throughout house Kitchen countertop outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Bathroom outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Miecelianeous Inadequate soffit ventilation - replace soffit malarial w/confinuous vented soffits Page 2 Area/Number Unit Cost Deficiency Cost of Field. Improvements 3 $1,000.00 $3,000.00 1 $0.00 $0.00 1 $0.00 $0.00 Calculated $400.00 $400.00 1 $60.00 $50.00 2 $50.00 $100.00 1 $2,500.00 $2,500.00 1 $125.00 1 $125.00 3 $125.00 $375.00 15 $700.00 I $10,500.00 612 $3.28 $2,007.36 153 $0.70 $107.10 1 3 $1,000.00 $3,000.00 1 $2,000.00 1 $2,000.00 2 $0.00 $0.00 1 $0.00 $0.00 $1,000.00 Calculated occupancy a Calculated loads # Exst. Bathafrlt. Pima. 1 #East. Tlt.-M/Unisex 1 #Exst. Lay.-M/Unisex t 1 #Exst. Tlt. -F 0 0 #Exst. Lay.-F 0 0 #Exet. Drinking Fin. 0 0 Page 3 MAP ID # 16-1 INDrvrDUAL BUILDING SUMMARY REPORT PID # 511821330017 Parcel Name CITY OF NEW HOPE Inspector JPZ Inspection Date Survey Method INTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1072 Building Area 2144 Year Built 1955 Sprinklered N Elevator N r .. . i.'..._.. ' TY?„'�$v r•_ ._a..a.::kw "d c i -'. s 1 ! -:..Z.Z.{. ti Exterior Wall And Frame$81.08 1,072.00 $86,917.76 Story Height Adjustment (Add or Deduct) $0.00 0.00 $0.00 Basement* $12.83 1,072.00 $13,753.76 Location Factor” add 0.11 $11,073.67 Total Replacement Cost $111,745.39 Total Def iciency Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 30% Finished "Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 y Deficiency Cost $10,750.00 $125.00 $6,705.80 $0.00 $3,000.00 $2,000.00 Deficiency Area/Number Unit Cost Deficiency Cost of Req'd. Improvements Building Egress -1997 Uniform Building Code (UBC) 1 Bedroom/sleeping room without 5.7 s.f, min. openable window/door area for emergency escape directly to the 2 $1,000.00 $2,000.00 exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Residential basement w8hout 5.7 s.f, min. openable window/door area for emergency escape directly to the N $4,000.00 $4,000.00 exterior - UBC 310.4; remove existing window, enlarge opening, excavate for window well, provide new window and window well Exterior door landing less than 44" min. in direction of travel - UBC 1003.3.1.7; assume replacement of exterior $500.00 $1,000.00 stoop required: remove existing stoop, provide new stoop Interior slalr less than 36" min, clear width - UBC 1003.3.3.2; widen stairs, modify railings and adjacent walls 3 $0.00 $0.00 Flight of stairs with noncompliant rise/run (7" max rise/11 " min. run) - UBC 1003.3.3.3; replace stairs, modify 1 $0.00 $0.00 railings and adjacent walls Stairway flight with less than 6'-8" min. clear headroom - UBC 1003.3.3.4; assume modification of ceiling 1 $0.00 $0.00 framing or structure Is required, patch ceiling Flights of stairs without handrails - UBC 1003.3.3; provide new handrail (assume 9' floor to Iloor) Calculated $400.00 $800.00 Stair handralls are not located at 34"-38" above the tread - USC 1003.3.3.6; relocate/modlty existing handrail 1 $50.00 $50.00 Stair handrail ends do not return to wails or terminate in newel posts - UBC 1003,3,3.6; modify existing handrail 2 $50.00 $100.00 end Stair flight or landing with noncompliant guardrail (42" min, height, 4" or 12" min, spacing between intermediate 1 $300.00 $300.00 rails) - UBC 1003.3.3.7; provide new guardrail (estimate 3'-6" lin, Feet) Stairway Improvements mquried due to noncompliant rise/run, headroom, and landings - UBC 1003.3.3; minor 1 $2,500.00 $2,500.00 remodeling: replace stairs, modify railings, landings, and adjacent wails (considered minimum comrnerrcial remodel cost, maximum residential remodel cost) Fire Protection Systema -1987 Uniform Bullding Coda (UBC) n Smoke detector/detectlon system not provided In each sleeping roam - UBC 310.9.1.4; provide a new 1 $125.00 $125.00 hardwired smoke detector Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 1 Window exceeds thermal transmittance standards (window glazing is non-Insulated) - MN 7672.0800, MN 10 $700.00 $7,000.00 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with teas than R-5 Insulation - MN 7672.0600, MN 520 $3.28 $1,705,60 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I.d. perimeter x 4'-0" x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no 3 $1,000.00 $3,000.00 longer allowed by current building code; remove/replaoe lead solder pipes, replumb all fixtures ($1,000flixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building 1 $2,000.00 $2,000.00 codes (bathroomlldtcheNgarage outlet receptacles are to be GFCI protected, refrigerator clrcuft Is to be dedicated, outlet spacing Is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house kitchen countertop outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet 4 $0.00 $0.00 Page 2 Bathroom outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Calculated occupancy 3 Calculated loads # Exst. BathsMt, Rms. 2 #Exst. Tlt.-M/Unisex 2 1 #ExsL Lay.-M/Unisex 2 1 #Exst. Tit. -F 0 0 #Exst. Lay. -F 0 0 #Exst. Drinking Ftn. 0 0 Page 3 $0.00 $0.00 MAP ID # 17-1 PID # 611821330006 Parcel Name JOSE A MENDEZ Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type 5F Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9' Floor Area 752 Building Area 752 INDIVIDUAL BUILDING SUMMARY REPORT ._.<•i.v`';?x,e--._,.... _a�'9 tis F h '�' --.._�.�._ . Exterior Wall And Frame $100,51 752,00 ti $75,583.52 Story Height Adjustment (Add or Deduct) $0.00 0.00 $0.00 Basement* $0.00 0,00 $0,00 Location Factor** add 0.11 $8,314.19 Total Replacement Cost $83,897,71 Total Deficiency Cost I I $12,330.08 Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) Year Built 1953 5prinklered N/A Elevator N/A *N/A **Location Factor varies by location and buildin4 type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems N Deficiency Cast $1,000.00 $0.00 $8,330.08 '$0. GO $3,000.00 $2,000,00 . , . ' ��. :=x. '.�,: � �'; � � ,4. ��,. .'� ':�;= - � ; ;�•,� �;;, � �: ".�.f`.;;�� : ' � tie .� _ .6 _ . o Page 1 Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch, 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -Insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For bullding construction prior to 1876, foundation wall with fess than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (IJ. perimeter x 4'-0" x $3.28 (insulation r excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000AIxture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage Outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Miscellaneous Inadequate soffit ventilation - replace soffit material w/continuous vented soffits Calculated occupancy 2 Calculated loads # Exst. Baths/Tit, Rms. N/A #Exst. TII.-M/Unisex NIA #Exsl. Lav,-M/Unisex N/A I #East. Tit, -F 0 #Exst. Lay. -F 0 0 #Exst. Drinking Ftn. 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 1 7 $700.00 $4,900.00 436 $3.88 $1,430.08 1 3 $1,000,00 $3,000.00 1 $2,000.00 $2,000.00 1 $1,000.00 MAP ID # 18-1 PID # 511821330004 Parcel Name CITY OF NEW HOPE Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type 5F Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1638 Building Area 3113 Year Built 1953 Sprinklered N Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT i[-� •+1�y5 p��T.''lnil`£Y+MN i�p� 1ik�ti" wZ7 >.. i. ., '"'� u�. w..?' .fa,. ;. .. ".,� aPTT MY�t6"i. ..'_�•R�. A...�. ..� - is '�'�•�x •5�s��' Cost Exterior Wall And Frame $77.95 1,638.04 $127,682,14 Story Height Adjustment (Add or Deduct) $0.00 0.00 $0.00 Basement* $14.25 1,475.00 $21,018,75 Location Factor** add 0>11 $16,357,09 Total Replacement Cost $165,057.94 Total Deficiency Cost 1 1 $12,312,32 Percentage of Code Deficiency To Replacement Cost I 1 1 7.46°I Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N)N *Residential Basement 50% Finished "Location Factor varies by location and buildinq type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 Deficiency Cost $900.00 $0.40 $7,412.32 $0.00 $3,000.00 $2,000.00 Deficiency Building Egress -1997 Uniform Building Code (UBC) Exterior stair flight or landing with noncompliant guardrail (42" min. height, 4' or 12" min. spacing between intermediate rails) - UBC 1003.3.3.7; provide new guardrail (estimate 5 lin. feet) Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -Insulated) - MN 7672,0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building constnxcion prior to 1976, foundation wall with less than R-5 Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to N below finished floor (I.f. perimeter x 4'-0" x $3.28 (insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroonUkitchentgarage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing Is to be 12'-0" o.c. along a wail, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 5 Calculated loads # Exst. BathsMt. Rms. #Exst. TIL-WUnleex 1 #Exst. Lay.-M/Unisex 1 #Exst. Tit. -F 0 #Exat. Lay. -F 0 0 #Exst. Drinking Ftn. 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Reld, Improvements 1 1 $300.00 $300.00 1 7 $700.00 $4,900.00 644 $3.28 $2,112.32 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000,00 MAP ID # 19-1 PID # 511821330003 Parcel Name KAREN M FI5CHER Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1119 Building Area 2238 Year Built 1952 Sprinklered N Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $86.44 L,LL9.00 Story Height Adjustment (Add or Deduct) $0.00 0.00 Basement* $20.13 1,119.00 Location Factor** add 0.11 Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 80% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems r Page 1 $96,726,36 $0.00 $22,525.47 $13,117,70 $132,369.53 $15,144.96 11.449 Deficiency Cost $0.00 $0.00 $10,144.95 $0.00 $3,000.00 $2,000.00 Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch, 7672, 7574, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0500, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f. perimeter x 4'-W x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficlenclas For residentlal construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; reffxW eplaca lead solder pipes, replumb all fixtures ($1,000AIxture) Electrical Systems - Residential deficiencies, ;999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/Ititchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing Is to be 12'-0" o.c, along a wail, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 3 Calculated loads # Exst. Bathsrrlt. Rms. #Exst. Tlt.-M/Unisex 1 #Exst. Lay.-M/Unisex 1 #Exst. Tit. -F 0 #Exst. Lay. -F 0 0 #Exat, Drinking Ftn. 0 0 Page 2 ArealNumber Unit Cost Deficiency Cost of Req'd. improvements i 12 $700.00 $8,400.00 632 $3.28 $1,744.96 1 3 $1,000.00 $3,000.00 1 $2,000.00 $2,000.00 MAP ID # 20-1 INDIVIDUAL BUILDING 5UMMARY REPORT PID # 511821330016 Parcel Name C R DAHLMAN ETAL Inspector Inspection Date Survey Method Bldg Occupancy Bldg Type Wall Construction Roof Construction # Stories Basement (Y/N) Story -Height Floor Area Building Area Year Built Sprinklered Elevator EXTERIOR Exterior Wall And Frame $84.65 076. R Story Height Adjustment (Add or Deduct) $( SF Basement* $1d WOOD FRAMED Location Factor.** add WOOD FRAMED Total Replacement Cost 2 Y Total Deficiency Cost 9 1076 Percentage of Code Deficiency To Replacement Cost 2152 Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) 1955 N N/A *Residential Basement 40% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 $16,053.92 $11,785.11 $118,922.43 $9,368,72 7.88% N Deficiency Cost $550,00 $0,00 $3,818.72 $0.00 $3,000.00 $2,000.00 Deficiency Building Egress -1997 Uniform Building Code (UBC) Exterior flight of stairs without handralls - UBC 1003.3.3; provide new handrall (assume 3 treads total) Exterior stair flight or lending with noncompliant guardrail (42" min. height, 4' or 12" min, spacing between intermediate rails) - UBC 1003.3.3.7; provide new guardrail (estimate 5 tin. feet) Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (I.f. perimeter x 4'-0' x $3.28 (insulation+ excavation)) Meeting, Ventilation, and Cooling Systems (HVAC) - Residentlal deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; removelreplace lead solder pipes, replumb all fixtures ($1,000/1ixture) Electrical Systems - Residential deficiencies,1999 National Electric Code For residential construction tion prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be QFCI protected, refrigerator circuit Is to be dedicated, outlet spacing is to be 12'-0' o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 3 Calculated loads # Exst. SathWTlt. Rms. $300.00 #Exst. int.-M/Unisex $2,100.00 #Exst. Lay.-M/Unisex $1,718.72 #Exst. Tit. -F 0 #Exst. Lav, -F 0 0 #Exst. Drinking Ftn. 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements Calculated $250.00 $250.00 1 $300.00 $300.00 3 $700.00 $2,100.00 524 $3.28 $1,718.72 3 $1,000.00 $8,000.00 $2,000.00 1 $2,000.00 MAP ID # 21-1 PID # 511821330015 Parcel Name V N ARENS/M C ARENS TRUSTEES Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 2 Basement (Y/N) Y Story -Height 9' Floor Area 1596 Building Area 2580 INDIVIDUAL BUILDING SUMMARY REPORT 11 w4fff.4 Exterior Wall And Frame Story Height Adjustment (Add or Deduct) Basement* Location Factor** Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) Year Built 1952 Sprinklered N Elevator N/A *Residential Basement 30% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 '1,596.00 $7.541 984.00 $7,419.36 add 0.11 $13,768.95 $138,941.19 $12,240.00 8.81% N Deficiency Cost $0.00 $0.00 $7,240.00 $0.00 $3,040.00 $2,000.00 Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (I.f, perimeter x 4'-0" x $3.28 (insulation+ excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencie3,1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathmom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 5 Calculated loads # Exst. Baths/Tit, Rms. #Exst. TIt.-M/Unisex 1 #Exst. Lav,-M/Unisex 1 #Exst. Tit. -F 0 #Exst. Lav, -F 0 0 #Exst. Drinking Ftn, aN 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 1 8 $700.00 $5,600.00 500 $3.28 $1,640.00 3 $1,000.00 1 $3,000.00 1 $2,000,00 $2,000.00 MAP ID # 22-1 PID # 511821330014 Parcel Name FRANCIS T TOMASZEWSKI W/L E Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9' Floor Area 755 Building Area 755 Year Built 1952 Sprinklered N Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT 1ICEi15l r1' aq Exterior Wall And Frame $1 Story Height Adjustment (Add or Deduct) Location Factor" ndd Total Replacement Cost Total Deficiency Cost�� Percentage of Code Def ieiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) *N/A "Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page i rA 735,00 0.00 0.00 0.11 $76,972,25 $0.00 $85,439.20 16,55% Deficiency Cost $700.00 $0.00 $8,439.92 $0.00 $3,000.00 $2,000,00 Deficiency Building Egress -1997 Uniform Building Code (UBC) Exterior flight of stairs with noncompliant risehun (7" max. rise/1 i' min. run) - UBC 1003.3.3.3; remove existing stairs, provide new stairs (assume 3 treads total) Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0600, MIN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with lose than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished Hoar (I.f, perimeter x 4'-0' x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replaos lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroomlkitchenlgarage outlet receptacles are to be GFCI protected, refrigerator circult is to be dedicated, outlet spacing Is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 2 Calculated loads # Exst. SathWTlt. Rms. #Exst. Tlt.-M/Unisex #Exst, Lay.-M/Unlsex #Exst. Tit. -F 0 #Exst. Lay. -F 0 0 #Exst. Drinking Fin, 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements t $700.00 $700.00 1 10 $700.00 67,000.00 439 $3.26 $1,439.92 1 3 $1,000.00 $3,000.00 $2,000.00 $2,000.00 MAP ID # 29-1 PID # 511821330005 Parcel Name D A CLINE & C A CLINE INDIVIDUAL BUILDING SUMMARY REPORT Inspector �PZ��;: ' "` t. culc ►x ras SF fpr Areq)_ a "` 4 ' w Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9' Floor Area 1524 Building Area 1524 Year Built 1950 Sprinklered N Elevator N/A Exterior Wall And Frame Story Height Adjustment (Add or Deduct) Basement* Location Factor** Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) "Location Factor varies by location and build Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 *N/A or residential) 177,68 1,524.00 $118,384.32 $13,022.28 $21,046.72 Deficiency Cost $0,00 $0,00 $16,046.72 $0.00 $3,000.00 $2,000.00 Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -Insulated) - MN 7672.0600, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1876, foundation wall with less than R5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (l1 perimeter x 4'-W x $3.28 (insulation + excavation)) Hsating, Ventilation, and Cooling Systems (HVAC} - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, mplumb all fixtures ($1,000AIxturs) Electrical Systems - Hesidential deficiencies, 1989 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 5 Calculated loads # Exsl. Baths/71t. Rms. #Exst. Tit.-M/Unisex 1 #Exst. Lay.-Ari/Unisex #Exst. Tlt. -F 0 #Exst. Lav, -F 0 #Exst. Drinking Ftn, 0 0 Page 2 Area/Number Unit Cost Deficiency Cost Of Req'd. Improvements 20 $700.00 $14,000.00 624 $3.28 $2,046.72 1 3 $1,000,00 $3,000.00 $2,000.00 $2,000.00 MAP ID # PID # Parcel Name 32-1 511821330024 JOHN E DORE ET AL Inspector JPZ Inspection Date $89,188.00 Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9' Floor Area 1100 Building Area 1100 Year Built 1955 Sprinklered N/A Elevator N/A INDIVIDUAL. BUILDING SUMMARY REPORT Exterior Wall And Frame Story Height Adjustment (Add or Deduct) Basement* Location Factor" Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) *N/A "Location Factor varies by location and buildin4 type {commercial or resi Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compllance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 Deficiency Cost $1,000.00 $0.00 $7,865.92 $0.00 $31000.00 sz,aM= $81.08 1,100.00 $89,188.00 $0.00 0.00 $0.00 $0.00 0,00 $0.00 add 0.11 $9,810.68 $98,998.68 $13,856,92 14.01 N Deficiency Cost $1,000.00 $0.00 $7,865.92 $0.00 $31000.00 sz,aM= Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -Insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (U. perimeter x 4'-0" x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residentlal'deficiencles For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; removelreplace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1998 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing Is to be 12'-0" o,c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Miscellaneous Inadequate soffit ventilation - replace soffit material w/continuous vented soffits Calculated occupancy 3 Calculated loads # Forst. Baths/Tlt. Rms. N/A #Exst. Tlt.•M/Unisex NIA #Exst. Lay.-M/Unisex NIA #Exat. TIL -F 0 #Exst. Lay. -F 0 0 #Exst. Drinking Fin. 0 0 Page 2 ArealNumber Unit Cost Deficiency Cost of Req'd. Improvements 1 10 $700.00 $7,000.00 264 $3.28 $865.92 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 $1,000.00 MAP ID # 34-1 INDIVIDUAL BUILDING SUMMARY REPORT PID # 511821330085 Parcel Name CITY OF NEW HOPE Inspector Inspection Date Survey Method Bldg Occupancy Bldg Type Wali Construction Roof Construction # Stories Basement (Y/N) Story -Height Floor Area Building Area Year Built Sprinklered Elevator JPZ w« INTERIOR R 5F WOOD FRAMED WOOD FRAMED 1 Y 9' 1160 1624 1952 N/A Exterior Wall And Frame $8 Story Height Adjustment (Add or Deduct) $( Basement* $2; Location Factor** add Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 100% Finished **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 Deficiency Cost $3,750.00 $375.00 $8,784.32 $0.00 $3,000.00 $2,000.00 'a'i^..i_ f 1,160.00 $94,052.80 0.00 $0.00 464.00 $10,695.20 0,11 $11,522,28 $116,270.28 $17,909.32 15.40% Deficiency Cost $3,750.00 $375.00 $8,784.32 $0.00 $3,000.00 $2,000.00 'a'i^..i_ Deficiency Building Egress -1887 Uniform Building Code (UBC) Bedroom/sleeping room without 5.7 s.f, min, openable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Stairway flight with toss than 6'-8' min. clear headroom - UBC 1003.3.3.4; assume modification of ceiling framing or structure Is required, patch coiling Stair handrails are not located at 34"-38" above the tread - UBC 1003.3.3.6; relocate/modify existing handrail Stair handralls do not provide between 1-1/4'- I-ItZ' gripping surface - UBC 1003.3.3.6; remove existing handrail, provide new handrail (assume 9' floor to floor) Stair flight or landing with noncompliant guardrail (42' min. height, 4" or 12' min. spacing between Intermediate rails) - UBC 1003.3.3.7; provide new guardrail (estimate 3'-6" lin. Feet) Stairway Improvements required due to noncompliant headroom or landings - UBC 1003.3.3; minimum remodeling: reconfigure/remodel adjacent walls and/or ceiling framing Fire Protection Systems -1997 Uniform Building Code (UBC) Smoke detector/detectlon system not provided on each floor (including basement) - UBC 310.9.1.4; provide a new hardwired smoke detector Smoke detector/detection system not provided in each sleeping, room - UBC 310.9.1.4; provide a now hardwired smoke detector Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I,f, perimeter x 4'-0" x $3.28 (insulation + excavation)) Heating, Ventilation, and Cooling Systema (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroomlklichenlgarage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing Is to be 12'-0' ox. along a wall, etc.) - NEC; upgrade receptacle locallons throughout house Kitchen countertop outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Bathroom outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Calculated occupancy 3 Calculated loads # Exst, Baths/Tlt. Ams. 2 $0.00 #Exst. Tlt.-M/Unlsex 2 1 #Exst. Lay.-M/Unisex 2 1 #Exst. Tlt. -F $1,000,00 0 #Exst. Lay. -F 0 Page 2 0 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 1 10 $700.00 $7,000.00 544 $3.28 $1,784.32 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 4 $0.00 $0.00 2 $0.00 $0.00 1 2 $1,000.00 $2,000.00 $0.00 $0.00 $50.00 $50.00 $400.00 $400.00 $300.00 $300.00 $1,000.00 $1,000,00 $125.00 1 $125.00 2 $125.00 $250.00 1 10 $700.00 $7,000.00 544 $3.28 $1,784.32 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 4 $0.00 $0.00 2 $0.00 $0.00 #Exst, prinking Ftn, Page 3 MAP ID # 35-1 PID # 511821330023 Parcel Name BEATRICE DOLAN Inspector TPZ ,: Inspection Date Survey Method INTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1234 Building Area 2050 Year Built 1948 Sprinklered N/A Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $78.35 1,234.00 ' $96,683,90 Story Height Adjustment (Add or Deduct) $0.00 0.00 $0.00 Basement* $8.15 816.00 $6,650.40 Location Factor** add 0.11 $11,366,77 Total Replacement Cost $114,701.07 Total Deficiency Cost $23,324,64 Percentage of Code Deficiency To Replacement Costi 1 20.34% Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) y *Residential Basement 80% Finished "Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page Deficiency Cast $7,750.00 $500.00 $10,074.64 $0.00 $3,000.00 $2,000.00 Deficiency Building Egreas -1997 Uniform Building Code (UBC) Exterior flight of stairs without handrails - UBC 1003.3.3; provide new handrail (assume 3 treads total) Bedroorn/sleeping roan without 5.7 s.f. min. operable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, provide new window Residential basement without 5.7 s.f. min. operable window/door area for emergency escape directly to the exterior - UBC 310.4; remove existing window, enlarge opening, excavate for window well, provide new window and window well Flight of stairs with noncompliant rise/run (7' max. rise/11' min, run) - UBC 1003,3.3.3; replace stairs, modify railings and adjacent walls Stairway flight with less than 6'4" min. clear headroom - UBC 1003,3.3.4; assume modification of ceiling framing or structure is required, patch Ceiling Stair handralls are not located at 34"-38' above the tread • UBC 1003.3.3.8; relocate/modify existing handrail Stair handrail ends do not return to walls or terminate In newel posts - UBC 1003.3.3.6; modify existing handrail end Stair flight or landing with noncompliant guardrail (42' min, height, 4' or 12' min. spacing between Intermediate rails) - UBC 1003.3.3.7; provide new guardrall (estimate 3'-6' lin. Feet) Stairway Improvements required due to noncompliant headroom or landings - UBC 1003.3.3; minimum remodeling: reconflgure/remodel adjacent walls and/or calling framing Fire Protection Systems -1997 Uniform Building Code (UBC) Smoke detectoddetection system not provided on each floor (including basement) - UBC 310.9.1.4; provide a new hardwired smoke detector Smoke detector/detection system not provided in each sleeping room - UBC 310.9.1.4; provide a new hardwired smoke detector Energy Code Compliance - 2000 Minnesota Energy Cade, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing Is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than RS Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to V below finished floor (I.i, perimeter x 4'-0" x $3.28 (insulation + excavation)) For building construction pflorto 1976, rim -joist area with less than R-10 insulation - MN 7672.0800; provide new batt insulation (l.f. perimeter x 1'-0 x $0.70) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building Code; remove/replace lead solder pipes, replumb all fixtures ($1.00alfixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential constriction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing Is to be 12'-0" O.G. along a wall, etc,) - NEC; upgrade receptacle locations throughout house Kitchen countertop outlet receptacle without GFCI protection - NEC 210-8; provide new GFCI protected outlet Bathroom outlet receptacle without GFCI proterxlcpaUg%210-8; provide new GFCI protected outlet Area/Number knit Cost Defk:lency Cost of Req'd. Improvements Calculated $250.00 $250.00 2 $1,000.00 $2,000.00 N $4,000.00 $4,000.00 1 $0.00 $0.00 1 $0.00 $0.00 1 $50.00 $50.00 3 $50.00 $150.00 1 $300.00 $300.00 1 $1,000.00 $1,000.00 2 $125.00 1 $250A0 2 $125.00 $250.00 12 $700.00 $8,400.00 508 $3.28 $1,666.24 12 $0.70 $8,40 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 2 $0.00 $0.00 1 $0.00 $0.00 Calculated occupancy 4 Calculated loads # Exst. BathsfTlt, Rms. #Exst. Tit.-M/Unisex I t #Exst. Lay.•M/Unisex 1 #Exst. Tit. -F 0 #Exst. Lay. -F 0 0 #Exst. Drinking Ftn. ? 0 Page 3 MAP ID # 36-1 PID # 611821330089 Parcel Name C M MOO 4 A P MOO Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type 5F Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9 Floor Area 1056 Building Area 1056 Year Built 1951 Sprinklered N/A Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $81.08 1,o5 Story Height Adjustment (Add or Deduct) $0.00 Basement* $0.00 Location Factor" add Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) *N/A **Location Factor varies by location and building type {commercial or residential, Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems qr _ Page 1 0.001 $0.00 0.001 $0.00 0.11 $9,418.25 $95,038.73 $16,592.46 17.46% Deficiency Cost $2,200.00 $0.00 $9,382.48 $0.00 $3,000.00 $2,000.00 Deficiency Building Egress -1997 Uniform Suffding Code (UBC) Exterior stair less than 36" min. clear width - UBC 1003.3.3.2; remove existing stalrs, provide new stairs (assume 3 treads total) Exterior door with greater than %" threshold (accessible) or 1" threshold (non -accessible) - UBC 1003.3.1.6; assume replacement of exterior stoop required: remove existing stoop, provide new stoop Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1978, foundation wall with less than R-5 insulation - MN 7672.0800, MN 7676.0700; excavate foundation wap at perimeter of building, assume add insulation depth to 4' below finished floor (IJ, perimeter x 4'-0' x $3.28 (insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Miscellaneous Inadequate soffit ventilation - replace soffit material wlcontinuous vented soffits Calculated occupancy 3 Calculated loads # Exst. Baths/Tlt. Rms. N/A $3,000.00 #Exst. Tlt.-M/Unisex N/A $21000.00 #Exst. Lav,-M/Unisex N/A #Exst. Tit. -F 0 #Exst, Lav, -F 0 0 #Exet. Drinking Fin. 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Rsq'd. Improvements 1 IN $700.00 $700.00 1 $500.00 $50040 1 $700.00 $7,700.00 516 $3.28 $1,692.48 3 $1,000.00 $3,000.00 1 $2,000.00 $21000.00 1 $1,000.00 MAP ID # 38-1 PID # 511821330088 Parcel Name M HILGERS ETAL Inspector 7PZ: •%_,=.y,;.; Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type 5F Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) N Story -Height 9' Floor Area 782 Building Area 782 INDIVIDUAL BUILDING SUMMARY REPORT Exterior Wall And Frame $98.18 Story Height Adjustment (Add or Deduct) $0.00 Basement* $0.00 Location Factor** add Total Replacement Cost Total Deficiency Costo Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469.174 10 (c)) for Structurally Substandard Building (Y/N) Year Built 1952 Sprinklered N/A Elevator N/A *N/A "Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Cade Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems $75,794,5 $O.0 $o.0 $8,337.4 $84,132 $12,556.; 14.92 N Deficiency Cost $540.00 $0.00 $7,055,32 $0.00 $3.000.00 $2,000.00 - d� m.+.i:7 .+.. r y. '1. q- �T y 'ai• a's +, si.' s yn i Page 1 Deficiency Building Egress -1997 Uniform Building Code (UNC) Exterior door landing less than 44" min. In direction of travel - USO 1003.3.1.7; assume replacement of exterior stoop required: remove existing stoop, provide new stoop Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non4nsulated) - MN 7672.0500, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R-6 Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (I.f, perlmeter x 4'-0" x $3.28 (Insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb all fixtures ($11,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construction prior to 1980, receptacle iocallons and types are noncompliant with current building codes (bathroomAdtchenlgarage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy 2 Calculated loads # Exst. BathsM. Rms. WA #East. Tit.-M/Unisex WA 1 #Exst. Lay.-M/Unisex WA 1 *East. Tit. -F 0 #EXst. Lay. -F 0 0 #East, Drinking Ftn. 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 1 $500.00 $500.00 1 8 $700.00 $5,600.00 444 $3.28 $1,456.32 1 3 $1,000.00 $3,000.00 1 1 $2,000.00 $2,000.00 MAP ID # 40-1 PID # 511821330028 Parcel Name NEW HOPE ALANO CROUP INC Inspector Inspection Date Survey Method INTE Bldg Occupancy Bldg Type Wall Construction WOOD FRA Roof Construction WOOD FRA # Stories Basement (Y/N) Story -Height Floor Area Building Area Year Built Sprinklered Elevator INDIVIDUAL BUILDING SUMMARY REPORT ,; .. � , e^5� . r;��= . s,�. ;ate;-�'•�; ,,... RIOR Exterior Wail And Frame A Story Height Adjustment (Add or Deduct) COM Basement MED Location Factor" MED Total Replacement Cost 1 Y Total Deficiency Cost 12 3108 Percentage of Code Deficiency To Replacement Cost 6216 5atisfies Step 2 Test (469,17410 (c)) for Structurally Substandard Building (Y/N) 1968 "Location Factor varies by location and building type (commercial or Summary of Building Deficiencies (Cade Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page 1 $122,55 3,108.00 $380,885.40 $0.00 3,108,00 $0.00 $18.90 3,108.00 $58,741.20 add 0.08 $35,170.13 $474,796.73 .64 Deficiency Cost $98,665.00 $0.00 $2,912.64 $0.00 $0.00 $0.00 Deficiency Accessibility (Exterior) -1999 Mlnneosta Accessibllty gods, Ch. 1341 No disability parking available - MN 1341.0403; add striping for one stall plus signage Exterior accessible route steeper than 1:20 slope or cross -slope steeper than 1:50 - MN 1341.0422; remove existing walk, provide new sidewalk Exterior entrance door on an accessible route without required maneuvering clearance at door approach or min. 48" between sets of doors - MN 1341.0442; remove existing barriers or wall framing, patch walls Accessibility (Interior) -1999 Minnesota Accessibility Code, Ch. 1341 Building occupancy of floor (greater than 30 occupants) above or below level of access requires Installation of an elevator - MN 1341.0405; provide new elevator Door on an interior accessible route without required maneuvering clearance at door approach or door opening is less than 32" clear width - MN 1341.0442; remove existing barriers or wall framing, patch walls Toilet room door without required maneuvering clearance at (interior) door approach - MN 1341.0442; remove existing barriers or wall framing, patch walls Toilet room without unobstructed 5'-0" turning radius within room - MN 1341.0460; remove banters or wall framing, enlarge toilet raw and patch walls Toilet room without lever or similar faucet controls for lavatory - MN 1341.0454; replace existing lavatory faucet Toilet room without plumbing insulation/covering for lavatory - MN 1341.0454; provide plumbing insulation/covering Toilet room accessories (soap dispenser, towel dispenser, etc.) that are mounted higher than 40" max, above the floor - MN 1341.0470; relocate existing toilet accessories Toilet room without clear space for side transfer water closet/tailet stall - MN 1341,0448; remove barriers or wail framing, enlarge toilet roam and patch walls Toilet room without horizontal and vertical grab bars for water cioseUtoilet stall - MN 1341.0448; provide new grab bars (18", 36", 42") Public/common use room without sink at 34" max height and 29" min. clear knee space below - MN 1341.0464; relocate/adjust height of sink and plumbing Building Egress -1997 Uniform Building Code (UBC) Exterior door with greater than W threshold (accessible) or 1 " threshold (non -accessible) - UBC 1003.3.1.6; assume replacement of exterior stoop required; remove existing stoop, provide new stoop Exterior door landing less than 44" min. In direction of travel - UBC 1003.3.1.7; assume replacement of exterior stoop required: remove existing stoop, provide new stoop Flight of stairs with noncompliant rise/run (7" max. rise/11" min. run) - UBC 1003.3.3.3; replace stairs, modify railings ana adjacent walls Stairway landing does not extend 44" In dl rection of travel at top or foot of stairs - UBC 1003.3.3.5; reconfigure/remodel adjacent walls Flights of stairs without handrails - UBC 1003.3.3; provide new handrail (assume 9' floor to floor) Stair handrails are not located at 34"-38" above the tread - UBC 1003.3.3.6; relocate/modify existing handrail Stair handrails do not provide between 1-114" -1-1/2" gripping surface - UBC 1003.3.3.8; remove existing handrail, provide new handrail (assume 9' floor to floor) Stair handrail ends do not return to wails or terminate in newel posts - USC 1003.3.3.6; modify existing handrail end Page 2 Area/Number Unit Cost Deficiency Cost of Req'd. Improvements 1 N $240.00 $240.00 N $700.00 $700,00 N $500.00 $500.00 1 $82,725.00 $52,725.00 2 $250.00 $500.00 1 $0.00 $0.00 2 $0.00 10,00 1 $0.00 $0.00 2 $0.00 $0.00 2 $0.00 $0.00 2 $0.00 $0.00 2 $0.00 $0.00 1 $500.00 $500.00 2 $500.00 I $1,000.00 2 $500.00 $1,000.00 3 $0.00 $0.00 1 $0.00 $0.00 Calculated $400.00 $1,200.00 2 $50.00 $100.00 3 $400.00 $1,200,00 2 $50.00 $100.00 Page 3 Stair handrail ends do not extend 12" beyond the top doer or 12" plus one tread beyond the bottom doer - UBC a $60.00 $300.00 1003.3.3.6; modify existing handrail end Stairway improvements required due to noncompltant headroom or landings - UBC 1003.3.3; minimum 2 $1,000.00 $2,000.00 remodeling: reconfigure/remodel adjacent walls and/or ceiling framing Stairway improvements requded due to noncompliant rise/run, headroom, and landings - UBC 1003.3.3; minor $2,500.00 $2,500.00 remodeling: replace stairs, modify railings, landings, and adjacent walls (considered minimum commercial remodel cost, maximum residential remodel cost) Building Construction -1897 Uniform Building Code (UBC) 1 Occupancy of building requires installation of additional toilet fixture(s) or additional bathroom - UBC Chap. 29; 2 $15,000.00 $30,000.00 major remodeling: enlarge toilet room by relocating one or more wails and fixtures, or construct now bathroom walls, door, fixtures, and remodel adjacent areas Occupancy of building requires Installation of additional drinking fountain - UBC 2905; provide new accessible 2.00 $1,950.00 $3,900.00 drinking fountain and plumbing Urinals or water cIcW without adjacent non-absorbent wall surface - UBC 807.1.2; assume 20 s.f, wail surface, 2 $100.00 $200.00 provide new fiberglass reinforced wall paneling adjacent to existing fixture Energy Code Compliance -1000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 1 For building constnwilon prior to 1976, foundation wail with less than R-5 insulation - MN 7672.0800, MN 888 $3.28 $2,912.64 7676.0700; excavate foundation wad at perimeter of building, assume add Insulation depth to 4' below finished floor (I.f. perimeter x 4'-0" x $3.28 (Insulation + excavation)) Calculated occupancy 414 Calculated loads # Exsl. Bathsrrlt. Rms. 2 #Exst. Tlt.-M/Unisex 2 3 #Exst. Lay.-M/Unlsex t 3 #Exst. Tlt. -F t 3 #Exst. Lay.-F 1 3 #Facet. Drinking Ftn. 0 2 Page 3 MAP ID # 41-1 PID # 511821330091 Parcel Name T J & L K WHITE Inspector JPZ Inspection Date Survey Method EXTERIOR Bldg Occupancy R Bldg Type SF Wall Construction WOOD FRAMED Roof Construction WOOD FRAMED # Stories 1 Basement (Y/N) Y Story -Height 9' Floor Area 1628 Building Area 3256 Year Built 1953 Sprinklered N/A Elevator N/A INDIVIDUAL BUILDING SUMMARY REPORT Pk'tiIAT� M�I'!.K�l'jil�`�� Ji:.-�•�iA`aR'd,,'�A°� .., .. "'.'� .rd ..h'ti,7 �.. �':��•�.«n'.. i ' T�W�^� ;' , Exterior Wall And Frame $89.35 1,628.00 Story Height Adjustment (Add or Deduct) $0.00 0.00 Basement* $17.73 1,628.00 Location Factor** add 0.11 Total Replacement Cost Total Deficiency Cost Percentage of Code Deficiency To Replacement Cost Satisfies Step 2 Test (469,174 10 (c)) for Structurally Substandard Building (Y/N) *Residential Basement 30% Finished "Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Accessibility (Exterior and Interior)/Building Egress/Building Construction Fire Protection Systems Energy Code Compliance Food Service Areas Heating, Ventilation, and Cooling Systems (HVAC) Electrical Systems Page I $145,461.8 $0.0 $25,864.4 $19,175.8 $193,502.1 $10,612.3 5.48' N Deficiency Cost $0.00 $0.00 $6,612.32 $0.00 $3,000.00 $2,000.00 Deficiency Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7674, or 7676 Window exceeds thermal transmittance standards (window glazing is non -Insulated) - MN 7672.0800, MN 7676.0700; remove existing window assembly, provide new window assembly, replace interior and exterior trim For building construction prior to 1976, foundation wall with less than R-5 Insulation - MN 7672.0800, MN 7676.0700; excavate foundation wall at perimeter of building, assume add insulation depth to 4' below finished floor (I.f, perimeter x 4'-0' x $3.28 (insulation + excavation)) Heating, Ventilation, and Cooling Systems (HVAC) - Residential deficiencies For residential construction prior to 1980, plumbing systems contain lead soldered connections, which are no longer allowed by current building code; remove/replace lead solder pipes, replumb ail fixtures ($1,000/fixture) Electrical Systems - Residential deficiencies, 1999 National Electric Code For residential construc0on prior to 1980, receptacle locations and types are noncompliant with current building codes (bathroom/kitchen/garage outlet receptacles are to be GFCI protected, refrigerator circuit Is to be dedicated, outlet spacing Is to be 12'-0" o.c. along a wall, etc.) - NEC; upgrade receptacle locations throughout house Calculated occupancy Calculated loads # Exst. SathslTlt, Ams, NIA #Exst. Tlt.-M/Unisex N/A #Exst. Lay.-M/Unisex WA t $3,500.00 #Exst. Tlt. -F 0 #Exst. Lay. -F 0 0 #Exst. Drinking Fin, 0 0 Page 2 Area/Number Unit Cost Deficiency Cost of Raid. Improvements 5 $700.00 t $3,500.00 644 $3.28 $2,112.32 3 $1,000.00 I $3,000.00 1 $2,000.00 $2,000.00 Phase I Environmental Site Assessment New Hope Redevelopment Southeast Quadrant of Bass Lake Road and Winnetka Avenue New Hope, Minnesota Prepared for Ryland Homes Project BL -03-01894 January 16, 2004 Braun Intertec Corporation 3 RAU N Braun Intertee Corporacion '; Phone: 952.995.2000 1100 1 Hampshire Avenue S Fax: 952.995.2020 INTERTEC Minneapolis, Mir, 55438 Web: brauninterlec.com January.16, 2004 Mr. Mark Sonstegard Ryland Homes 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Sonstegard: Project BL -03-01894 Re: Phase I Environmental Site Assessment, New Hope Redevelopment, Southeast Quadrant of Bass Lake Road and Winnetka Avenue, New Hope, Minnesota In accordance with your authorization, Braun Intertec Corporation has conducted a Phase I environmental site assessment (Phase I ESA) of the above -referenced property. The objective of the Phase I ESA was to evaluate the property for indications of recognized environmental conditions. This Phase I ESA was performed in general conformance with the scope and limitations of ASTM Practice E 1527-00. This Phase I ESA has been prepared on behalf of and for use by Ryland Homes. No other party has a right to rely on the contents of this Phase I ESA without the written authorization of Braun Intertec Corporation. This Phase I ESA has been prepared in association with the purchase of the property. Please refer to the attached report for the scope, methods, and conclusions of our assessment. We appreciate the opportunity to provide our professional services to you for this project. If you have any questions regarding this letter or the attached report, please call Kevin Hoffman at (952) 995-2458 or David Mussell at (952) 995-2464. Sincerely, BRAUN INi'ERTEC CORPORATION Kevin J. Hoffman sect nag S. Mu seer Senior Consultant Attachment: Phase I Environmental Site Assessment Report phasel-esa --- - ---- Providing engineering and environmental solutions since 1957 Table of Contents ExecutiveSummary........................................................................................................................ A A. Introduction.................................................................................................................. ...1 A.1. Purpose............. ,..................................................................................................... 1 A.2. Scope of Services................................................................................................... l A.3. 'Assessment Limitations.........................................................................................2 B. Site Description................................................................................................................... 3 B.1. Site Location ......................................................................................................3 B.2. Site and Vicinity Characteristics............................................................................ 3 B.3. Environmental Liens and Additional Information.................................................3 C. Records Review.................................................................................................................. 4 C.1. Physical Setting Information.................................................................................. 4 C.2. ReguIatory Information.......................................................................................... 4 C.2.a. Federal Database Records....................................:....................................4 C.2..b. State Database Records............................................................................. 6 C.3. City of New Hope.............................................................................................. 9 CA. Historical -Use Information...................................................................•.............. 10 CA.a. Fire Insurance Maps .................... 10 CA.b. City Directory Information ............................................... ..................10 CA.c. Aerial Photographs................................................................................. 10 D. Information from Site Reconnaissance and Interviews.................................................... D.1. Known Current and Past Uses of the Site and Adjoining Properties ................... I I D.2., Site Layout........................................................................................................... l 1 D.3. Hazardous Substances and Petroleum Products...................................................11 D.4. Storage Tanks.............................................................................................:........12 D.S. Potential PCB -Containing Equipment.................................................................12 D.6. Indications of Solid Waste Disposal....................................................................12 D.7. Potable Water Sources and Sanitary/Wastewater Discharges .............................12 D.$. Other Utilities......................................................................................................12 D.9. Additional Information........................................................................................12 E. Findings............................................................................................................................13 F. Opinions ............................................................................................................................13 ' G. Conclusions and Recommendations.....................................:....:......................................13 H. Qualifications of Environmental Professionals.................................................................14 I. References.........................................................................................................................14 Appendices A: Site Location Map B: Site Sketch C: Environmental Data Resources, Inc. (EDR) Report D: Aerial Photographs E: Site Photographs Executive Summary Braun Intertec Corporation has performed a Phase I Environmental Site Assessment of the proposed New Hope redevelopment located on the southeast quadrant of Bass Lake Road and Winnetka Avenue in New Hope, Minnesota (Site) in general conformance with the scope and limitations of ASTM Practice E 1527-00. At the time of this assessment, the Site.consisted of thirty-four lots totaling approximately 16 -acres. Of the thirty-four lots, twenty were owned by the City of New Hope. Of the twenty lots that are owned by the City of New Hope, sixteen were undeveloped. Of the four lots that were developed, three were occupied by residential homes and vacant with the fourth lot developed with a multi-level office building. Two commercial properties were located at the Site at the time of our reconnaissance. The commercial properties were located at 7801 and 7809 Bass Lake Road. The commercial building at 7801 was occupied by Golden Openings, Plymouth Agency, and Roofing, Siding, Windows, and Handyman and the 7809 building was occupied by 20120 Eyecare and Optics. The fourteen lots that were not owned by the City of New Hope were developed with residential homes and were occupied. The City of New Hope began purchasing and removing buildings located at the Site in the mid-1990s. Historically the Site has been used for residential and commercial properties. This assessment has revealed no indications of recognized environmental conditions in connection with the Site. This assessment has revealed no indications of historical recognized environmental conditions in connection with the Site, with the exception of the following: A "closed" LUST facility with residual soil contamination is located at the Site. The Phase I ESA has revealed that a former LUST facility with residual petroleum -contaminated soil remaining was located at the Site. Braun Intertec recommends that a Development Response Action Plan (DRAP) be prepared and approved by the MPCA Voluntary Petroleum Investigation and Cleanup (VPIC) program staff prior to conducting any earthwork associated with Site redevelopment activities. The DRAP should outline provisions for the proper management of contaminated soil and groundwater, which may be encountered during the redevelopment activities. Wells and septic systems may be located at the Site. If a well or septic system is encountered during future Site development activities, Braun Intertec recommends that the wells be properly abandoned in accordance with Minnesota Department of Health regulations; and the septic systems be properly abandoned in accordance with local city and county regulations. Braun Intertec recommends that hazardous material surveys are conducted prior to the demolition or removal of the remaining buildings located at the Site. A. Introduction A.I. Purpose Braun Intertec Corporation (Braun Intertec) received authorization from Mr. Mark Sonstegard of Ryland Homes (User) to conduct a Phase I Environmental Site Assessment (Phase I ESA) of the proposed New Hope redevelopment located on the southeast quadrant of Bass Lake Road and Winnetka Avenue in New Hope, Minnesota (Site). This Phase I ESA has been prepared on behalf of and for the use by Ryland Homes in accordance with the contract between Ryland Homes and Braun Intertec, which includes the Braun Intertec General Conditions. No other party has a right to rely on the contents of this Phase I ESA without the written authorization of Braun Intertec. According to the User, this Phase I ESA has been prepared in association with the purchase of the property. The purpose of this Phase I ESA was to evaluate the Site for indications of "recognized environmental conditions," as defined by ASTM Practice E 1527-00 as: "The presence or likely presence of any hazardous substances or petroleum productson a property under conditions that indicate an existing release, a past release or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally,do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." A.2. Scope of Services The services provided for this project consisted of the following: A description of the Site location, current use and improvements and surrounding area. A general description of the topography, soils, geology and groundwater flow direction at the Site. A review of reasonably ascertainable and practically reviewable regulatory information published by state and federal agencies, health, and/or environmental agencies. • A review of the history of the Site, including aerial photographs, fire insurance maps, directories, and other readily available Site development data. Ryland Homes Project BL -03-01894 January lb, 2004 Page 2 • A reconnaissance and environmental review of the Site, including an assessment of the Site for indications of hazardous materials, petroleum products, polychlorinated biphenyls (PCBs), wells, storage tanks, solid waste disposal, pits and sumps, and utilities. • An area reconnaissance, including a brief review of adjacent property uses and any pertinent environmental information noted in. the Site vicinity. • Interviews with current owners and/or occupants of the property. Interviews with local government officials or agencies having jurisdiction over hazardous waste disposal or other environmental matters in the area of the Site. • Preparing a written report of our methods and conclusions. A.3. Assessment Limitations The findings and conclusions presented in this report are based on the procedures described in the ASTM Practice E 1527-00, informal discussions with various agencies, available literature cited in this report, conditions noted at the time of our Phase I ESA, and our interpretation of the information obtained as part of this Phase I ESA. Our findings and conclusions are limited to the specific project and properties described in this report and by the accuracy and completeness of the information provided by others. An environmental site assessment cannot wholly eliminate uncertainty regarding the potential for recognized environmental conditions in connection with a property. Performance of this practice is intended to reduce, but not eliminate, uncertainty regarding the potential for recognized environmental conditions in connection with a property within reasonable limits of time and cost. In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same locality. No other warranty is made or intended. No intentional deviations from the ASTM Practice E 1527-00 were made in the completion of this Phase I ESA for the Site. However, the following limitations were encountered: • Our view of the Site was limited by approximately 8 inches of snow. • Braun Intertec was unable to interview the Site representatives of the properties not owned by the City of New Hope • Braun Intertec did not have access to the properties not owned by the City of New Hope. • Braun Intertec was unable to obtain historical documents prior to 1937 to determine first developed land use. Ryland Homes Project BL -03-01894 January 16, 2004 Page 3 The Scope of Services for this project did not include the completion of soil borings, the installation of groundwater monitoring wells, or the collection of soil or groundwater samples. Also, the Scope of Services for this project did not include collecting or analyzing samples from the Site for the presence of asbestos, PCBs, lead-based paint, lead in drinking water, radon or urea formaldehyde. Braun Intertec did not review property tax files, recorded land -title records or zoning land -use records to document the first developed use of the Site. Past experience has indicated that these historical sources are not sufficiently useful. B. Site Description B.I. Site Location The Site is located within the southwest quarter of the southwest quarter of Section 5 and the northwest quarter of the northwest quarter of Section 8, Township 118 North, Range 21 West in the city of New Hope, Hennepin County, Minnesota. A Site location map and Site sketch are attached in Appendices A and B, respectively. B.2. Site and Vicinity Characteristics At the time of this assessment, the Site consisted of thirty-four lots totaling approximately 16 -acres. Of the thirty-four lots, twenty were owned by the City of New Hope. Of the twenty lots that are owned by the City of New Hope, sixteen were undeveloped. Of the four lots that were developed, three were occupied by residential homes and vacant with the fourth lot developed with a multi-level office building. The fourteen lots that were not owned by the City of New Hope were developed with residential homes and were occupied. The Site was bordered on the north by Bass Lake Road with commercial and residential properties located beyond; on the east by residential properties and Church of St. Rafael with residential properties located beyond; on the south by residential properties; and on the west by Winnetka Avenue with commercial and residential properties located beyond. 'The Site is located in a commercial and residential area of New Hope. B.3. Environmental Liens and Additional Information No information regarding chain -of -title ownership history, environmental liens recorded against the Site (if any), or specialized environmental knowledge or experience that may reveal indications of recognized environmental conditions associated with the Site, was provided to Braun Intertec by the User. Ryland Homes Project BL -03-01894 January 16, 2004 Page 4 C. Records Review C.I. Physical Setting Information According to the United States Geological Survey (U.S.G.S) 7.5 minute topographic map series, Osseo, Minnesota quadrangle, the Site is located at an.elevation of approximately 910 feet above mean sea level. The unconsolidated sedimentary deposits in the vicinity of the Site are Pleistocene, glacial, sandy till deposits that consist of loam to sandy loam and are commonly capped by and interbedded with thin deposits of silty to gravely stratified sediment. This deposit includes small areas of thick loamy to sandy colluvium (Meyer and Hobbs, 1989). The uppermost bedrock unit in the vicinity of the Site is the Middle Ordovician, St. Peter Sandstone (Olsen and Blootngren, 1989). The St. Peter Sandstone is described as a fine- to medium -grained, friable quartz sandstone in the upper half to two thirds of the unit. The lower part of the St. Peter Sandstone contains multicolored beds of mudstone, siltstone and shale with interbedded, very coarse sandstone. The depth to bedrock in the vicinity of the Site is approximately 101 feet to 150 feet below land surface (Bloomgren, Cleland and Olsen, 1989). The reported depth to the water table in the vicinity of the Site is approximately 45 feet below ground surface. According to published geologic information, the regional groundwater flow direction within the unconsolidated deposits in the vicinity of the Site is generally northeast (Kanivetsky, 1989). However, the local direction of groundwater flow may be affected by nearby streams, lakes, wells, and/or wetlands. The Site-specific groundwater flow direction was not determined through direct measurement during this Phase I ESA. Additional field investigation, beyond the Scope of Services of this Phase I ESA, would be required to determine this information. C.2. Regulatory Information Braun Intertec obtained regulatory information pertaining to the Site and surrounding area from Environmental Data Resources, Inc. (EDR). The EDR regulatory information report is a compilation and summary of current federal and state regulatory lists and databases and is attached in Appendix C. The objective of the regulatory information review is to evaluate whether the Site or nearby properties are listed as having a past or present record of actual or potential environmental hazards that are under investigation or may have an adverse impact on the Site. C.2.a. Federal Database Records The EDR report included a compilation of the following United States Environmental Protection Agency (USEPA) databases and lists of verified and potential hazardous -waste problem facilities located at, adjacent to, or within ASTM Standard Search Distances from the Site: Ryland Homes Project BL -03-01894 January 16, 2004 Page 5 USEPA National Priorities List (NPL). The NPL is the USEPA's national listing of uncontrolled or abandoned hazardous waste facilities identified for priority remedial actions under the Superfund Program. • USEPA Comprehensive Environmental Response, Compensation, and Liability information System (CERCLIS). The CERCLIS is the USEPA's national listing of actual and potential hazardous waste facilities. This Iist includes those facilities which have been given no further remedial action planned status by the USEPA (NFRAP). • USEPA Corrective Action Report (CORRACTS). CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. • USEPA Resource Conservation and Recovery Information System Treatment, Storage, and Disposal Facilities (RCRIS-TSD). The RCRIS-TSD is a listing of facilities that are required to register their hazardous waste activity under the Resource Conservation and Recovery Act (RCRA). 0. USEPA Resource Conservation and Recovery Information System (RCRIS), Large -Quantity Generators. (LQG), Small -Quantity Generators (SQG) of hazardous waste. USEPA Emergency Response Notification System (ERNS). The. ERNS is the USEPA's national listing of releases of oil and hazardous substances reported to the USEPA, U.S. Coast Guard, the National Response Center and the Department of Transportation. Braun Intertec also reviewed the EDR Orphan Sites, which is a compilation of facilities from the above federal databases that could not be specifically located due to a lack of suitable information...Please note that information provided by EDR is limited for these facilities. Therefore, the potential impact to the Site from facilities listed on the EDR Orphan Sites cannot always be determined based on the available information. Ryland Homes Project BL -03-01894 January 16, 2004 Page 6 The following table contains a summary of the findings: Table 1 Database Site Search Distance Miles < 118 118-114 114-1/2 112-1 Total Listed NPL 0 1 0 0 0 0 0 Pro osed NPL 0 1 0 0 0 0 0 CERCLIS 0 112 0 0 0 0 CERC-NPRAP 0 114 0 0 0 CORRACTS 0 1 0 0 0 0 0 RCRIS-TSD 0 112 0 0 0 0 RCRIS-LQG 0 Site and adjoining properties 0 0 RCRIS-SQG 1 Site and adjoining properties 5 6 ERNS 0 Site 0 Our review of the EDR Orphan Sites did not reveal additional facilities within the ASTM search radii. The EDR report indicates that an occupant of the building at the Site (Carter Dental) was listed on the RCRIS-SQG database. Identification of the Site on the RCRIS-SQG database indicates that the facility is a licensed small -quantity generator of hazardous waste that does not imply that contamination is associated with the Site. According to the EDR report, the following RCRIS-SQG facilities were listed adjacent to the Site: • independent School District 281 Winnetka Elementary, 7940 55th Avenue North; located adjacent to and west of the Site. • Bass Lake Road Sinclair, 7901 Bass Lake Road; located adjacent to and west of the Site. • Precision Tune, 5600 Winnetka Avenue North; located adjacent to and north of the Site. • Midas Muffler, 5604 Winnetka Avenue North; located adjacent to and north of the. Site. • Winnetka Citgo, 7900 Bass Lake Road; located adjacent to and northwest of the Site. Identification of a facility on the RCRIS-SQG database indicates that the facility is a. licensed small - quantity generator of hazardous waste and does not imply that contamination has occurred at the facility. No further information was available from the EDR report. C.2.b. State Database Records The State Database Records report summarized the State of Minnesota databases and lists. EDR evaluated the following State Database Records for current listings of verified and potential problem facilities located on, adjacent to, or within ASTM Standard search distances from the Site: Ryland Homes Project BL -03-01894 January 15, 2004 Page 7 • State Superfund Permanent List of Priorities (SPL). SPL records are the states' equivalent to CERCLIS. These facilities may or may not already be listed on the federal CERCLIS list. In the EDR report State Hazardous Waste Sites (State Haz.Waste) corresponds to the SPL sites in our report. • State Voluntary Investigation and Cleanup Program (SCL). The SCL is the MPCA`s registry of properties at which a voluntary investigation and cleanup (VIC) program has been or is being conducted. The MPCA staff provide technical review of the investigation and any necessary remedial activities. A number of these properties have been investigated and cleaned up or foundnot to require any cleanup work. In the EDR report, Minnesota Voluntary investigation Program (MN VIC) corresponds to the SCL sites listed in our report. • Solid Waste Landfill Facilities (SWLF). SWLF-type records typically contain an Inventory of solid waste disposal facilities or landfills in a particular state. In the EDR report, Solid Waste Facilities/Landfill Sites (State Landfill) corresponds to the SWLF sites listed in our report. Leaking Underground Storage Tank Incident Reports (LUST). LUST records contain an inventory of reported leaking underground storage tank incidents. • Registered Underground Storage Tanks (UST). USTs are regulated under Subtitle I of the RCRA and must be registered with the state department responsible for administering the UST program. Braun Intertec also reviewed the EDR Orphan Sites, which is a -compilation of facilities from the above state databases that could not be specifically located due to a lack of suitable information. Please note that information. provided by EDR is limited for these, facilities. Therefore, the.,potential impact to the Site from facilities listed on the EDR Orphan Sites cannot always be determined based on the available information. The following table contains a summary of the findings: Table 2 Database Site Search Distance Miles) X1/8 1/8-1/4 114-112 Total 112-1 Listed SPL .0 1 0 0 0 0 0 SCL 0 1/2 0 1 3 4 SWLF 0 1/2 0 0 0 0 LUST 1 1/2 4 3 5 13 UST 0 Site and adjoining properties 4 4 Our review of the EDR Orphan Sites did not reveal additional facilities within the ASTM search radii. Ryland Homes Project BL -03-01894 January 16, 2004 Page 8 According to the information provided by EDR, an address at the Site (Rosa Donuts, 5550 Winnetka Avenue) was listed as a LUST facility. The LUST incident was reported at the Site on April 25, 1988 and was given closure by the MPCA on June 18, 1990. A "closed" status indicates that investigation of the LUST facility has been completed to the satisfaction of the MPCA. The MPCA has issued a letter of closure for. the facility that has been given a "closed" status. No groundwater contamination was associated with this release however, contaminated soil remains at the facility. According to the EDR report, the following SCL facilities were listed within 1/2 mile of the Site: Lyndale Garden Center, 8001 Bass Lake Road; located approximately 115 mile west-northwest of the Site. According to the MPCA, the following letters were issued for the Site: Work Plan Approval. Letter dated September 3, 1993, VIC Request for Additional Information Letter dated January 13, 1994, Work Plan Approval Letter dated July 10, 1998, and No Action Letter dated December 24, 1998. According to the MPCA, the facility is a former unpermitted dump site and is listed as "inactive". Based on the location of the Lyndale Garden Center facility relative to the Site, and the general groundwater flow direction in the vicinity of the Site (northeast, see Section C.1.), it is unlikely that groundwater contamination associated with the Lyndale Garden Center facility would have an adverse. impact on the groundwater beneath the Site. Winnetka Avenue Property, 5121 Winnetka Avenue North; located approximately 1/3 mile south of the Site. According to the MPCA, the facility is listed as "inactive" and a No Association Determination was issued on January 29, 1998. • Not reported, 5121 Winnetka Avenue North; located approximately 215 mile south-southwest of the Site. According to the MPCA, the facility. is listed as ."inactive" and entered the VIC program on April 26, 1991. • New Hope Distribution Center, 5175-5197 Winnetka Avenue North; located approximately 112 mile southwest of the Site. According to the MPCA, the facility is listed as "inactive" and entered the VIC program on February 24, 1993. A Limited No Action Letter was sent on February 16, 1994. Based on the location of the three SCL facilities relative to the Site and the general groundwater "flow direction in the vicinity of the Site (northeast, see Section C.1.), the potential exists that groundwater contamination associated with the SCL facilities (if groundwater contamination exists) may have an adverse impact on the groundwater beneath the Site. Ryland Homes Project BL -03-01894 January 16, 2004 Page 9 According to the EDR report, twelve LUST facilities were listed within 112 mile of the Site. Eight of the LUST facilities were located in the inferred down -gradient or cross -gradient groundwater flow direction. from the Site. Based on the location of the eight LUST facilities relative to the Site and the general groundwater flow direction within the surficial aquifer in the vicinity of the Site (northeast, see Section C.1.), it appears unlikely that groundwater contamination associated with the eight LUST facilities (if groundwater contamination exists) would have an adverse impact on the groundwater quality beneath the Site. According to the EDR report, the following LUST facilities were listed adjacent to the Site: • Winnetka Elementary School, 7940 55th Avenue South located adjacent to and west of the Site. Date leak reported: August 13, 1998. Date leak closed: March 15, 2000. Sinclair Retail #22042, 7901 Bass Lake Road; located adjacent to and west of the Site. Date leak reported: November 10, 1995. Date leak closed: August 29, 1997. Sinclair Service Station, 7901 Bass Lake Road; located adjacent to and west of the Site. Date leak reported: June 13, 2002. Date leak closed: July 1, 2003. • Amoco #5307, 7900 Bass Lake Road; located adjacent to and northwest of the Site. Date leak reported: October 31, 1994. Date leak closed: March 7, 2001. A "closed" status indicates that investigation of the LUST facility has been completed to the satisfaction of the MPCA. The MPCA has issued a letter of closure for each facility that has been given a "closed" status. Based on the "closed" status of the LUST facilities, it is unlikely that groundwater contamination associated with these LUST facilities (if groundwater contamination exists) would have an adverse impact on the groundwater beneath the Site above regulatory levels. According to the EDR report, the foIlowing.UST facilities were listed adjacent to the Site: Winnetka School, 7940 55th Avenue North; located adjacent to and west of the Site. • Winnetka Elementary School, 7940 55th Avenue North; located adjacent to and west of the Site. • Sinclair Retail, 7901 Bass Lake Road, located adjacent to and west of the Site. Winnetka Citgo, 7900 Bass Lake Road, located adjacent to and northwest of the Site. A UST/AST facility indicates that an underground or above -ground storage tank(s) is registered at that location and does not imply that a release has occurred at the UST/AST facility. C.3. City of New Hope Braun Intertec interviewed Mr. Ken Doresky, New Hope Community Development Specialist, for information pertaining to the Site. Refer to Section D of this report for information obtained from the City of New Hope. Ryland Homes Project BL -03-01894 January 16, 2004 Page 10 CA. Historical -Use Information The objective of the historical -use information review is to develop a history of the previous uses of the Site and surrounding area, in order to help identify the likelihood of past uses having led to recognized environmental conditions in connection with the property. Braun Intertec consulted only those historical sources that were readily available and practically reviewable and were likely to be useful to develop a history of the previous uses of the Site and surrounding area within the time and cost constraints of this Phase I ESA. CA.a. Fire Insurance Maps Fire insurance maps are produced by private fire insurance map companies and indicate uses of property at specified dates. The information noted on the maps includes uses of individual structures, locations of fuel and/or chemical storage tanks, and storage of other potentially toxic substances. Braun Intertec retained EDR to obtain fire insurance maps of the Site and surrounding area from Environmental Data Resources, Inc. (EDR). According to EDR, no historic map coverage is available for the Site. CA.b. City Directory Information Braun Intertec retained Historical Information Gatherers (HIG) to obtain city directory information pertaining to the Site and surrounding area. HIG obtained Pollc's Minneapolis Suburban City Directories for the years 1967, 1972, 1977, 1982, 1988, and 1999 from HIG's Digital Library. Our review of the directories indicated that residential and commercial listings were listed as occupying the Site, with the exception of the following listing of environmental concern: 5560 Winnetka Avenue N 1967 John's Pure Oil oras Station CA.c. Aerial Photographs Braun Intertec obtained aerial photographs of the Site dated 1937, 1940, 1953, 1957, 1964, 1969, 1979, 1984, 1992, 1997, and 2000 from HIG. Copies of selected aerial photographs are attached in Appendix D. On the 1937 and 1940 aerial photographs, the Site was used for agricultural purposes. Two structures were located on the northwestern and eastern portions of the Site. Surrounding land use was agricultural, Beginning on the 1953 aerial photographs, portions of the Site were developed with residential homes. The current Bass Lake Road and Winnetka Avenue were located adjacent to arid north and west of the Site, respectively. On the 1964, 1969, 1979, 1984, 1992, 1997, and 2000 aerial photographs, it appeared that a commercial property was located on the northwestern corner of the Site. The remainder of the Site was developed with residential homes. Ryland Homes Project BL -03-01894 January 16, 2004 Page 11 No land uses such as dumping or landfilling were apparent on or adjacent to the Site on the aerial photographs reviewed. A Information from Site Reconnaissance and Interviews A Site reconnaissance was conducted by Mr. Kevin Hoffman on December 11, 2003. Braun Intertec was unaccompanied at the time of the Site reconnaissance, but later obtained information from Mr. Ken Doresky, New Hope Community Development Specialist (Site representative). D.1. Known Current and Past Uses of the Site and Adjoining Properties At the time of this assessment, the Site consisted of thirty-four lots totaling approximately 16 -acres. Of the thirty-four lots, twenty were owned by the City of New Hope. Of the twenty lots that are owned by the City of New Hope, sixteen were undeveloped. Of the four lots that were developed, three were occupied by residential homes and vacant with the fourth lot developed with a multi-level office building. Two commercial properties were located at the Site at the time of our reconnaissance. The commercial properties were located at 7801 and 7809 Bass Lake Road. The commercial building at 7801 was occupied by Golden Openings, Plymouth Agency, and Roofing, Siding, Windows, and Handyman and the 7809 building was occupied by 20120 Eyecare and Optics. The fourteen lots that were not owned by the City of New Hope were developed with residential homes and were occupied. According to Mr. Doresky, the City of New Hope began purchasing and removing buildings located at the Site in the mid- 1990s. The Site was bordered on the north by Bass Lake Road with commercial and residential properties located beyond; on the east by residential properties and Church of St. Rafael with residential properties located beyond; on the south by residential properties; and on the west by Winnetka Avenue with commercial and residential properties located. beyond. A Site sketch and Site photographs are attached in Appendices B.. and E, respectively. D.2. Site Layout During the reconnaissance, the Site and local topography appeared to slope downward from north to south. Drainage on the Site appeared to be towards storm sewers located on the adjacent streets. D.3. Hazardous Substances and Petroleum Products No indications of spills, leaks or storage of hazardous substances or petroleum products were noted on the Site at the time of our reconnaissance. Additionally, _VIr. Doresky indicated that he was not aware of the storage, leaks or spills of hazardous materials or petroleum products at the Site. Braun Intertec was unable to gain access to the 7801 Bass Lake Road building (Carter Dental) that was listed as a hazardous waste generator in the EDR report. However, based on the licensed hazardous waste generator is listed as a dental office., developer and/or silver is collected as part of the x-ray process and is likely the reason for the listing in the EDR report. Ryland Homes Project BL -03-01894 January 16, 2004 Page 12 DA. Storage Tanks No indications of above -ground or underground storage tanks were noted on the Site during our Site reconnaissance. Mr. Doresky indicated that underground storage tanks were removed from the former gas station located at 5550 Winnetka Avenue and also at 5524 Winnetka Avenue. Soil confirmation samples were collected at 5524 Winnetka Avenue from beneath the UST at the time of excavation on August 16, 2002 and submitted for chemical analysis of benzene, ethyl benzene, toluene, and xylenes (BETX) and diesel range organics (DRO) by Braun Intertec. No BETX or DRO were detected in any of the samples. Mr. Doresky indicated that he was unaware of any additional USTs or ASTs located at the Site. However, Mr. Doresky indicated that if USTs and/or ASTs are encountered during the demolition of the buildings located on the Site, the USTs and/or ASTs will be removed according to Minnesota Pollution Control guidelines. According to the EDR report, a "closed" LUST facility was Iocated at 5550 Winnetka Avenue. For additional information pertaining to the 'closed" LUST facility at the Site, refer to Section C.2.b. of this report. D.5. Potential PCB -Containing Equipment Mr. Doresky was unaware of potential PCB -containing electrical equipment at the Site. Pole -mounted electrical transformers were noted at the Site at the time of the reconnaissance. The transformers appeared to be in good condition and no indications of leaks or spills of transformer fluid were noted at the Site. D.6. Indications of Solid Waste Disposal No indications of solid waste disposal were noted on the Site at the time of our reconnaissance. Mr. Doresky indicated that he was not aware of any incidence of dumping or landfilling at the Site. According to Mr. Doresky, the foundations and building materials associated with the houses were removed from the Site: According to Mr. Doresky, hazardous material surveys were completed for each building prior to their demolition or removal and will be performed for the remaining buildings at the Site. D.7. Potable Water Sources and Sanitary/Wastewater Discharges Mr. Doresky indicated that the Site is connected to City of New Hope water and sewer utilities. No pits, ponds, surface impoundments or lagoons were noted at the Site. D.8. Other Utilities The Site buildings are heated by natural-gas furnaces. D.9. Additional Information Mr. Doresky indicated that water wells have been associated with the residential lots purchased by the City of New Hope. Mr. Doresky indicated that if a lot has a well associated with it, the well will be properly sealed by a licensed water well contractor in accordance with Minnesota Department of Health Ryland Homes Project BL -03-01894 January 16, 2004 Page 13 regulations. iVlr. Doresky indicated that a septic system was encountered at 5340 Winnetka Avenue North at the time the house was removed. According to Mr. Doresky, the septic system was properly abandoned in accordance with local city and county regulations. Mr. Doresky indicated that any septic systems encountered during the removal of future homes will be properly abandoned. E. Findings The following environmental conditions regarding the Site were noted: A "closed" LUST facility with residual soil contamination is located at the Site. Three SCL facilities are located in the upgradient groundwater flow direction of the Site. • Wells and, possibly septic systems are located at the Site. F. Opinions ■ The LUST facility at the Site has been given closure by the NIPCA. A "closed" status. indicates that investigation of the LUST facility has been completed to the satisfaction of the MPCA. The MPCA has issued a letter of closure for a facility that has been given a "closed" status. Therefore, it is the opinion of Braun Intertec that the "closed" LUST facility at the Site is considered a historical recognized environmental condition. • No documented soil and/or groundwater contamination was indicated for the three SCL facilities located upgradient of the Site. Based on our understanding of the proposed development as residential properties, it is unlikely that groundwater will be encountered during construction activities. However, if the proposed development changes and groundwater may be encountered, Braun, Intertec recommends that a Development Response Action Plan (DRAP) .be prepared and approved by the MPCA Voluntary Petroleum Investigation and Cleanup (VPIC) program staff prior to conducting any earthwork associated with Site development activities. According to the ASTM Standard, water wells and septic systems do not constitute recognizable environmental condition. G. Conclusions and Recommendations We have performed this Phase I ESA of the Site in general conformance with the scope and limitations of ASTM Practice E 1527-00. Any exceptions to, or deletions from, this practice are described in Section A.3 of this report. This assessment has revealed no indications of recognized environmental conditions in connection with the Site. Ryland Homes Project BL -03-01894 January 16, 2004 Page 14 This assessment has revealed no indications of historical recognized environmental conditions in connection with the Site, with the exception of the following: A "closed" LUST facility with residual soil contamination is located at the Site. The Phase I ESA has revealed that the Site is a former LUST facility with residual petroleum - contaminated soil remaining at the Site. Also, three SCL facilities are located in the in the upgradient groundwater flow direction of the Site. Braun Intertec recommends that a Development Response Action Plan (DRAP) be prepared'and approved by the MPCA Voluntary Petroleum Investigation and Cleanup (VPIC) program staff prior to conducting any earthwork associated with Site redevelopment activities. The DRAP should outline provisions for the proper management of contaminated soil and groundwater, which may be encountered during the redevelopment activities. Wells and septic systems may be located at the Site. If a well or septic system is encountered during future Site development activities, Braun Intertec recommends that the well be properly abandoned in accordance with Minnesota Department of Health regulations, and the septic system be properly abandoned in accordance with local city and county regulations. Braun Intertec recommends that hazardous material surveys are conducted prior to the demolition or removal of the remaining buildings located at the Site. H. Qualifications of Environmental Professionals A Braun Intertec Statement of Qualifications for this Phase I ESA project will be provided to the User upon request. I. References Bloomgren, B. A.; Cleland, J. M.; and Olsen, B. M.; 1989; Depth to bedrock and bedrock topography, in Balban, N. H., ed.; Geologic Atlas - Hennepin County, Minnesota: University of Minnesota - Minnesota Geological Survey, County Atlas Series, Atlas C-4, Plate 4, Scale 1:100,000. Kanivetsky, R.; 1989a; Quaternary Hydrogeology, in Balban, N. H., ed.; Geologic Atlas - Hennepin County, Minnesota: University of Minnesota - Minnesota Geological Survey, County Atlas Series, Atlas C4, Plate 5, Scale 1:133,333. Kanivetsky, R.; 1989b; Bedrock Hydrogeology, in Balban, N. H., ed.; Geologic Atlas - Hennepin County, Minnesota: University of Minnesota - Minnesota Geological Survey, County Atlas Series, Atlas C4, Plate 6, Scale 1:150,000. Ryland Homes Project BL -03-01894 January 16, 2004 Page 15 Meyer, G. N.; and Hobbs, H. C.; 1989; Surficial Geology, in Balban, N. H., ed.; Geologic Atlas - Hennepin County, Minnesota: University of Minnesota - Minnesota Geological Survey, County Atlas Series, Atlas C-4, Plate 3, Scale 1:100,000. Olsen, Bruce M.; and Bloomgren, Bruce A.; 1989; Bedrock Geology, in Balban, N. H., ed.; Geologic Atlas - Hennepin County, Minnesota: University of Minnesota - Minnesota Geological Survey, County Atlas Series, Atlas C4, Plate 2, Scale 1:106,000. Standard Practice for Environmental Site Assessments: Please I Environmental Site Assessment Process, 2000, Annual Book of ASTM Standards, Vol. 11.04, E 1527-00. Appendix A Site Location Map DATE: 12/30/2003 JOB NO: BL -03-01894 SCALE: 1 :24.0001 FIGURE NO: DRAWN B FER Appendix B Site Sketch WINNETKA LEARNING 74 I 1 ! ! ! L11� 5512 1 TT GRGO I I I I 5446 MIDAS I I ______-- 6440 ---- 1 I I 5434 ESIDENTlAL F HO HOME 47; 22 ! RESIDENITAL OFFICE BUILDING I I i I I 1 ! I I I [ I I SINCLAIR I I I I COMMERCIAL BASS LAKE ROAD /??5Q /II IIII //7771 IIII Rl i/ ll�� TS15 ______ STA� 11TI I MULTI CURCH OF TENANT 3T,RAFAEL 5538 ESIDENCE55R Il 7 � ------�TlI�� lFLL Tq 6530 WINNETKA LEARNING 74 CENTER 1 m L11� 5512 TT X5606 DEVELOI /65 Q OEVELOI 5446 Lu z ______-- 6440 ---- 5434 ESIDENTlAL z 47; 22 3 WINNETKA BUSINESS CENTER 4 BRAUN I NTE RTEC rzf =# RESIDENITAL 55th AVENUE NORTH RESIDENITAL w ST. RAFAEL AVENUE a z Lu z z uj 'a z � 5 w M o al RESIDENRAL SITE SKETCH PHASE I ENVIRONMENTAL SITE ASSESSMENT NEW HOPE REDEVELOPMENT — RYLAND HOMES SE QUAD OF BASS LAKE RD & WINNETKA AVE—NEW HOPE, MN ® CITY -OWNED PROPERTIES INT REVISION ISHEETI DRAM BY: BJB 12-23-03 APP'D BY: KJH 12-23-03 of JOB N0. BLO300894 DWG. NO. BLO300894 FIGURE NO. SCALE NONE Appendix C Environmental Data Resources, Inc. (EDR) Report . The EDR Radius MapTM Report New Hope Redevelopment Winnetka Ave N & Bass Lake Rd New Hope, MN 55428 Inquiry Number: 01102256.1r December 19, 2003 ®; Environmental EEV Data Resources, Inc. The Source - For Environmental Risk Management Data 3530 Post Road Southport, Connecticut 06890 Nationwide Customer Service Telephone: 1-800-352-0050 Fax: 1-800-231-6802 Internet: www.edrnet.com TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------ ES1 Overview Map----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary---------------------------------------------------. 4 MapFindings----------------------------------------------- ------- - - - - -- G Orphan Summary-------------------------------------------------------- 53 Government Records Searched/Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GR -1 GEOCHECK ADDENDUM GeoCheck - Not Requested Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer Copyright and Trademark Notice This report contains information obtained from a variety of public and other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES INC. SPECIFICALLY DISCLAIMS THE MAKING OFANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL EDR BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. Entire contents copyright 2003 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited wifout prior written permission. EDR and the edr logos are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TG01102256.lr Pagel EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc. (EDR). The report meets the government records search requirements of ASTM Standard Practice for EnvironmentaS Site Assessments, E 1527-00. Search distances are per ASTM standard or custom distances requested by the user. TARGET PROPERTY INFORMATION ADDRESS WINNETKA AVE N & BASS LAKE RD NEW HOPE, MN 55428 COORDINATES Latitude (North): 45.053700 - 45' 3' 13.3" Longitude (West): 93.379100 - 93' 22'44-8" Universal Tranverse Mercator. Zone 15 UTM X (Meters): 470148.2 UTM Y (Meters): 4988768.5 Elevation: 912 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property. 45093-A4 OSSEO, MN Source: USGS 7.5 min quad index TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ( "reasonably ascertainable ") government records either on the target property or within the ASTM E 1527-00 search radius around the target property for the following databases: FEDERAL ASTM STANDARD NPL_________________________. National Priority List Proposed NPL______________ Proposed National Priority List Sites CERCLIS_____________________ Comprehensive Environmental Response, Compensation, and Liability Information System CERC-NFRAP---------------- CERCLIS No Further Remedial Action Planned CORRACTS__________________ Corrective Action Report RCRIS-TSD------------------- Resource Conservation and Recovery Information System RCRIS-LQG------------------- Resource Conservation and Recovery Information System ERNS_________________________ Emergency Response Notification System STATE ASTM STANDARD SHWS________________________ Supe rfund Permanent List of priorities TC01102256.1r EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name TECHNOMARK iNG OILDYNE INC LIBERTY TOOL AND ENGINEERING NORTHLAND PRINTING GERLO MFG BCX PRINTING PHOTO CONTROL CORP DAMARK NEW DISTRIBUTION CENTER CRYSTAL SHOPPING CENTER (SEE A WHITE HOUSE SITE #4 (SEE PT 01 Database(s) RCRIS-SQG, FINDS RCRIS-SQG, FINDS RCRIS-SQG, FINDS RCRIS-SQG, FINDS RCRIS-SQG, FINDS RCRIS-SQG, FINDS RCRIS-SQG, FINDS FINDS MN VIC MN VIC TC01102256.1r EXECUTIVE SUMMARY 6 OVERVIEW MAP - 01102256.1 r - Braun Intertec Corporation * Target Property A Sites at elevations higher than ® or equal to the target property * Sites at elevations lower than CITYISTATEIZIP: the target property r Coal Gasification Sites LAT/LONG: National Priority List Sites DATE: Landfill Sites ' Dept. Defense Sites Copyright 0 200 EDF, In¢ b 2003 GDT, Inc. Rai. 0712M Ali Rtghk Reserved. r f d a / K .t :�I n 7 .tea q h I e 44T0 E N v Do z FAl -RYS E N P/E N * Target Property A Sites at elevations higher than ® or equal to the target property * Sites at elevations lower than CITYISTATEIZIP: the target property A Coal Gasification Sites LAT/LONG: National Priority List Sites DATE: Landfill Sites ' Dept. Defense Sites a 1M 112 1 HRen d1 Power transmission lines N Oil & Gas pipelines ® 140 -year flood zone ® Wo -year flood zone CITYISTATEIZIP: Federal.Wetlands TARGET PROPERTY: New Hope Redevelopment CUSTOMER:. Braun Intertec Corporaton ADDRESS: Winnetka Ave N & Bass Lake Rd CONTACT: Kevin Hoffman CITYISTATEIZIP: New Hope MN 55428 INQUIRY#: 01102258.1 r LAT/LONG: 45.0537193.3791 DATE: December 19, 2003 1:51 pm - Copyright 0 200 EDF, In¢ b 2003 GDT, Inc. Rai. 0712M Ali Rtghk Reserved. DETAIL MAP = 01102256.1 r - Braun Intertec Corporation TARGET PROPERTY: Target Property 0 1/14 lie 114 Mlles _ .......................................... . Braun Intertec Corporation Sites at elevations higher than Winnetka Ave N & Bass Lake Rd 4 4 or equal to the target property sA/ Oil & Gas pipelines ♦ Sibes at elevations lower than ® 100 -year flood zone LAT/LONG: the target property ® 500 -year flood zone ■ Coal Gasification Sites • A2fi Federal Wetlands X � El National Priority List Sites 0 Landfill Sites 1 Dept. Defense Sites �'a G1'9 x -4TH s ��Y 7'aERs3s6:bMF IFfI. �`'-� ix II � I 77 $1 - c km i �4 1 uQ7 EN 55TH AVE N. .55S71 I 55TNAVE p, . 11fIj x 3f 4 I T U � 0 zf I IML11f - MrfrRAN0a1;R SAINTRAPHAE S z } c x x $ I w I � _ z EN - 54TH AVEN TH AVEN 54TH AVEN i r _ � S � !j p C �^ x 2 ` C Y J w a 9 � O a TARGET PROPERTY: Target Property 0 1/14 lie 114 Mlles _ .......................................... . Braun Intertec Corporation Sites at elevations higher than Winnetka Ave N & Bass Lake Rd CONTACT: or equal to the target property sA/ Oil & Gas pipelines ♦ Sibes at elevations lower than ® 100 -year flood zone LAT/LONG: the target property ® 500 -year flood zone ■ Coal Gasification Sites - OGWght 0 2003 EDR. lac. 0 2003 GDT, Inn Rel. 0712002 All fWhts Reserved. Federal Wetlands X Sensitive Receptors El National Priority List Sites 0 Landfill Sites 1 Dept. Defense Sites TARGET PROPERTY: New Hope Redevelopment CUSTOMER: Braun Intertec Corporation ADDRESS: Winnetka Ave N & Bass Lake Rd CONTACT: Kevin Hcy fman CITYISTATEIZIP: New Hope MN 55428 INQUIRY #: 01102256.1 r LAT/LONG: 45.0537193.3791 DATE: December 19, 2003 1:53 pm - OGWght 0 2003 EDR. lac. 0 2003 GDT, Inn Rel. 0712002 All fWhts Reserved. MAP FINDINGS SUMMARY TC01102256.1 r Page 4 Search Target Distance Total Database Property (Miles) < 118 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted FEDERAL ASTM STANDARD NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 CERCLIS 0.500 0 0 0 NR NR 0 CERC-NFRAP 0.250 0 0 NR NR NR 0 CORRACTS 1.000 0 0 0 0 NR 0 RCRIS-TSD 0.500 0 0 0 NR NR 0 RCRIS Lg. Quan. Gen. 0.250 0 0 -NR NR NR 0 RCRIS Sm. Quan. Gen. 0.250 6 4 NR NR NR 10 ERNS TP NR NR NR NR NR 0 STATE ASTM STANDARD State Haz. Waste 1.000 0 0 0 0 NR 0 MN VIC 0.500 0 1 3 NR NR 4 State Landfill 0.500 0 0 0 NR NR 0 LUST 0.500 5 3 5 NR NR 13 UST -0.250 4 3 NR NR NR 7 INDIAN UST 0.250 0 0 NR NR NR 0 FEDERAL ASTM SUPPLEMENTAL CONSENT 1.000 0 0 0 0 NR 0 ROD 1.000 0 0 0 0 NR 0 Delisted NPL 1.000 0 0 0 0 NR 0 FINDS TP NR NR NR NR NR 0 HMIRS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 MINES 0.250 0 0 NR NR NR 0 NPL Liens TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 US BROWNFIELDS 0.500 0 0 0 NR NR 0 DOD 1.000 0 0 0 0 NR 0 RAATS TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP IVR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 STATE OR LOCAL ASTM SUPPLEMENTAL AST TP NR NR NR NR NR 0 MN Spills TP NR NR NR NR NR 0 MN HWS Permit 1.000 0 0 0 0 NR 0 MN Deleted SHWS 1.000 0 0 0 0 NR 0 MN LCP 0.500 0 0 0 NR NR 0 MN LS 0.500 0 1 2 NR NR 3 TC01102256.1 r Page 4 MAP FINDINGS SUMMARY EDR PROPRIETARY HISTORICAL DATABASES Coal Gas 1.000 0 0 0 0 NR 0 BROWNFIELDS DATABASES US BROWNFIELDS 0.500 0 0 0 NR NR 0 MN VIC 0.500 0 1 3 NR NR 4 INST CONTROL 0.250 0 0 NR NR NR 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC01102256.1 r Page 5 Search Target Distance Total Database Property (Miles) < 118 1/8-1/4 1/4-1/2 112-1 > 1 Plotted MN Enforcement TP NR NR NR NR NR 0 BULK TP NR NR NR NR NR 0 MN AGSPILLS TP NR NR NR NR NR 0 EDR PROPRIETARY HISTORICAL DATABASES Coal Gas 1.000 0 0 0 0 NR 0 BROWNFIELDS DATABASES US BROWNFIELDS 0.500 0 0 0 NR NR 0 MN VIC 0.500 0 1 3 NR NR 4 INST CONTROL 0.250 0 0 NR NR NR 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC01102256.1 r Page 5 Map ID Direction Distance Distance (R.) Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number Coal Gas Site Search: No site was found in a search of Real Property Scan's ENVIROHAZ database 1 CARTER DENTAL RCRIS-SQG 1004726484 NNE 7801 BASS LAKE RD STE 120 FINDS MN0000134403 < 118 NEW HOPE, MN 55426 385 ft Relative: RCRIS: Equal Owner CARTER RICHARD (612) 533-8554 Actual: EPA ID: MN0000134403 812 fL Contact RICHARD CARTER (612) 533-8554 Classification: Conditionally Exempt Small Quantity Generator TSDF Activities: Not reported Violation Status: No violations found FINDS. Other Pertinent Environmental Activity identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) 2 BOSA DONUTS LUST S102407944 West 5550 WINETKA AVE NIA < 1I8 NEW HOPE, MN 55428 397 fL Relative: LUST: Higher Leak ID: 538 MPGA ID: 213485 Actual: Report Date: 4129!1988 920 ft Closed Date: 6/18/1990 Contact: J E PURTELL Legal Entity: UNOCAL COPORATION A3 ISD 281 WINNETKA ELEMENTARY RCRIS-SQG 1004736029 WSW 7940 55TH AVE N FINDS MNR000014878 < 118 NEW HOPE, MN 55428 574 ft. Site 1 of 3 in cluster A Relative: Higher RCRIS: Owner: ISD 281 Actual: (612) 533-2781 915 ft. I=PA ID: MNR000014878 . Contact: JUDY REGAN (612) 533-2781 Classification: Conditionally Exempt Small quantity Generator TSDF Activities: Not reported TC01102256.1r PageB Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site ISD 281 WINNETKA ELEMENTARY (Continued) Violation Status: No violations found EDR ID Number Database(s) EPA ID Number 1004736029 TC01102256.1 r Page 7 FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) A4 WINNETKA SCHOOL UST UOOOBBS186 WSW 7940 55TH AVE N NIA < 11a NEW HOPE, MN 55428 574 ft. Site 2 of 3 in cluster A Relative: Higher UST: Program Interest Id : 191579 Actual: Address Id : 271053 915 fL MPCA Tank Number: -001 Above! Under Ground : Under Ground Serial Number: Not reported Date Added : 10110/1999 10:56:23 Date Last Updated : 05/04/2002 07:46:58 Piping Cathodic Protection : None Piping Material Description: OTHER Tank Cathodic Protection : None Tank Stored Product: Fuel Oil Client Tank Number: 001 AST Base Material: Not reported Piping Material : Copper Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material: BarelPaintlAsph Coat Steel Tank Dispenser Code: 2 Tank Status Code: Active Tank Storage Capacity: 10000 Tank Registration Date., 05/21/1986 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag:. Not reported Heating Product Flag : Y Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: -. Not reported Staff id Who Did The Last Update : TANKS In Compliance : Yes The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. TC01102256.1 r Page 7 Map ID MW FINDINGS Direction - Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number AS WINNETKA ELEMENTARY SCHOOL LUST UOOOBB5256 WSW 7948 55TH AVE N UST NIA < 118 NEW HOPE. MN 55428 574 ft. Site 3 of 3 in cluster Relative: Higher LUST: Leak ID: 11663 Actual: MPCA ID: 224068 915 ft. Report Date: 84113/1998 Closed Date: 3/15/2000 Contact: JAMES GERBER Legal Entity: ROBBINSDALE AREA SCHOOLS UST: 191729 Program Interest id : 191729 Address Id: 271053 MPCA Tank Number: 001 Above/ Under Ground: Under Ground Serial Number: Not reported Date Added : 10/10/1999 10:56:23 Date Last Updated : 05104/2002 07:47:29 Piping Cathodic Protection: 4 Piping Material Description FLEXIBLE Tank Cathodic Protection : Not Needed Tank Stored Product : Fuel Oil Client Tank Number: 001 AST Base Material: Not reported Piping Material: Other Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Fiberglass Tank Dispenser Code: 2 Tank Status Code: Active Tank Storage Capacity: 6000 Tank Registration Data: 03/05/1998 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag Not reported Heating Product Flag : Y Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge D-lsposal Facility: Not reported Comments : Not reported Staff Id Who Did The Last Update: TANKS In Compliance: Yes Program Interest Id : 191729 Address Id : 271053 MPCA Tank Number: 429 Above/ Under Ground: Under Ground Serial Number: Not reported Date Added : 10110/1999 10:57:01 Date Last Updated: 05/04/2002 07:47:29 Piping Cathodic Protection None Piping Material Description: OTHER Tank Cathodic Protection : Anode Tank Stored Product: Fuel Oil Client Tank Number: 429 AST Base Material : Not reported Piping Material : Other TC01102256.1r Page 8 Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site WINNETKA ELEMENTARY SCHOOL (Continued) Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : BaretPaintlAsph Coat Steel Tank Dispenser Code: 2 Tank Status Code: Removed Tank Storage Capacity: 8000 Tank Registration Date: 04/14/1986 00:00:00 Unregulated Tank Registration .Date : Not reported Compartmental Tank Flag : Not reported Heating Product Flag: Y Haz Waste Generator Id : Not reported Product Replaced Date : Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update: TANKS In Compliance: Yes EDR ID Number Database(s) EPA I❑ Number The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. U000885256 B6 SINCLAIR RETAIL # 22042 LUST S101745744 NW 7901 BASS LAKE RD NIA a 118 NEW HOPE, MN 5542B 605 ft. Site 1 of 10 in cluster B Relative: Lower LUST: LeaklD: 8945 Actual: MPCA 10: 221496 910 ft. Report Date: 11/10/1995 Closed Dale: 8/29/1997 Contact: LARRY FELDSEIN Legal Entity: SINCLAIR MARKETING INC B7 SINCLAIR SERVICE STATION LUST 5705512712 NW 7901 BASS LAKE RD NIA c 718 NEW HOPE, MN 55428 605 ft. Site 2 of 10 in cluster B Relative: Lower LUST: LeaklD: 14784 Actual: MPCA ID: 236595 910 ft. Report Date: 6/13/2002 Closed Date: 7/1/2003 Contact: Larry Feldsien Legal Entity: SINCLAIR OIL TC01102256.1 r Page 9 Map ID MAP FINDINGS Direction. - -- — Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number B8 SINCLAIR RETAIL UST U003912137 NW 7901 BASS LAKE iia NIA < 118 NEW HOPE, MN 55428 885 ft. Site 3 of 10 in cluster B Relative: Lower UST: Program Interest Id : 191006 Actual: Address Id : 189890 918 ft. MPGA Tank Number: 001 Above/ Under Ground : Under Ground Serial Number : Not reported Date Added: 10/10/1999 10:57:08 Date Last Updated : 05104/2002 07:44:59 Piping Cathodic Protection Impressed Current Piping Material Description: Not reported Tank Cathodic Protection : Impressed Current Tank Stored Product: Gasoline Client Tank Number: 001 AST Base Material: Not reported Piping Material : Galvanized steel Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material: STI -P3 Tank Dispenser Code: i Tank Status Code : Reconditioned Tank Storage Capacity: 10000 Tank Registration Date: 04/04/1986 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag : Not reported Heating Product Flag : U Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update TANKS In Compliance: Yes Program Interest Id : 191006 Address Id: 189890 MPGA Tank Number: 002 Abovui Under Ground : ' Under Ground Serial Number: Not reported Date Added : 1 011 011 999 10:57:08 Date Last Updated : 05/04/2002 07:44:59 Piping Cathodic Protection ; Impressed Current Piping Material Description : Not reported Tank Cathodic Protection : impressed Current Tank Stored Product: Gasoline Client Tank Number: ow AST Base Material: Not reported Piping Material : Galvanized steel Second Contain Tank : Not reported Second Contain Pipe: Not reported Tank Construction Material : STI -P3 Tank Dispenser Code: 1 Tank Status Code :.- Reconditioned Tank Storage Capacity: 10000 Tank Registration Date: 04/0411986 00:00:00 TC01102256.1r Page 10 Map ID Direction Distance Distance (ft.) Elevation Site SINCLAIR RETAIL (Continued) Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id : MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection: Piping Material Description "tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material : Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date: Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id: MPCA Tank Number Above/ Under Ground Serial Number: Date Added Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: MAP FINDINGS Not reported Not reported U Not reported Not reported Not reported Not reported TANKS Yes 191006 189890 003 Under Ground Not reported 10/10/1999 10:56:31 05/04/2002 07:44:59 impressed Current Not reported Impressed Current Gasoline 003 Not reported Galvanized steel Not reported Not reported STI -P3 1 Reconditioned 8000 04/04/1986 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS Yes 191006 1B9890 004 Under Ground Not reported 10/10/1999 10:56:38 05/04/2002 07:44:59 None OTHER Anode Unregulated 004 Not reported Other Not reported Not reported EDR ID Number Database(s) EPA ID Number 0003912137 TCO 1102256.1 r Page 11 Map ID Direction Distance Distance (ft.) Elevation Site SINCLAIR RETAIL (Continued) Tank Construction Material: Tank Dispenser Code Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Dale Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material : - Second Contain Tank: Second Contain Pipe : Tank Construction Material Tank Dispenser Code: Tank Status Code - Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product :Replaced Date: Sludge Disposal Facility. Comments: Staff Id Who Did The Last Update In Compliance: MAP FINDINGS Bare/Paint/Asph Coat Steel 2 Active 1000 04/04/1986 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes 191006 189890 005 Under Ground Not reported 10/10/1999 10:56:38 07/0212002 15:07:27 None Not reported None Used Or Waste Oil 005 Not reported Galvanized steel Not reported Not reported Bare/Paint/Asph Coat Steel 3 Removed 600 04/04/1986 00:00:00 Not reported Not reported U MND022888143 Not reported DETERMAN Not reported JHENRY Yes EDR ID Number Database(s) EPA ID Number The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. 0003912137 TC01102256.1 r Page 12 Map ID Direction Distance Distance (ft.) Elevation Site { MAP FINDINGS B9 BASS LK RD SINCLAIR NW 7901 BASS LK RD < 118 NEW HOPE, MN 55428 605 ft. Site 4 of 10 in cluster B Relative: Lower RCRIS: Actual: Owner: GOLDMAN DAVID LEE Actual: (612) 537-6878 910 ft. EPA ID: MNDS85716828 Contact: Not reported Classification: Small Quantity Generator TS❑F Activities: Not reported Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Resource Conservation and Recovery Act Information system (RCRAINFO) B10 PRECISION TUNE NNW 5600 WINNETKA AVE N 118 NEW HOPE, MN 55428 610 ft. Site 5 of 10 in cluster B Relative: Lower RCRIS: Owner: NAME NOT REPORTED Actual: (312) 555-1212 910 ft. EPA ID: MND982641615 Contact: MICHAEL KOST (612) 533-3903 Classification: Conditionally Exempt Small Quantity Generator TSDF Activities: Not reported Violation Status: No violations found EDR ID Number Database(s) EPA ID Number RCRIS-SQG 1000626882 FINDS MND985716828 RCRIS-SQG 1004730602 FINDS MNDS82641615 FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) B71 MIDAS MUFFLER NNW 5604 WINNETKA AVE N e 118 NEW HOPE, MN 55428 630 ft. Site 6 of 10 in cluster B Relative: Lower Actual: 910 ft RCRIS-SQG 1000157458 FINDS MNDS82211997 TC011OM6.1r Page 13 Map ID Direction Distance Distance (ft.) Elevation Site MIDAS MUFFLER (Continued) RCRIS: WINNETKA CITGO Owner: HENDRICKSON STEVEN e 116 (312) 555-1212 EPA 10: MND982211997 Contact: BRETT SPRAGUE Relative: (612) 533-2509 Classification: Small Quantity Generator TSDF Activities: Not reported Violation Status: No violations found MAP FINDINGS EDR ID Number Database(s) EPA ID Number FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) B12 WINNETKA CITGO NW 7900 BASS LAKE RD e 116 NEW HOPE, MN 55428 642 ft. NEW HOPE, MN 55428 Site 7 of 10 in cluster B Relative: Lower RCRIS: Owner: SHOWALTER JEROME A Actual: (312) 555-1212 910 ft. EPA ID: MND057602567 Contact: RICK EBERLE Program Interest Id : (612) 637-9727 Actual: Classification: Small Quantity Generator 194,245 TSDF Activities: Not reported MPCA Tank Number: Violation Status: No violations found 1000157458 RCRIS-5QG 1000314225 FINDS MND057602567 FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) B13 WINNETKA CITGO NW 790013ASS LAKE RD < 118 NEW HOPE, MN 55428 642 ft. Site 8 of 10 in cluster B Relative: Lower UST: Program Interest Id : 192391 Actual: Address id : 194,245 910 ft. MPCA Tank Number: 011 Above! cinder Ground : Under Ground Serial Number: Not reported Date Added : 101101199910:56:24 Date Last Updated: 05/04/2002 07:49:46 Piping Cathodic Protection 4 Piping Material Description: Not reported Tank Cathodic Protection : Not Needed Tank Stored Product: Used Or Waste Oil UST 1005404006 N/A TC01 102-256. 1 r Page 14 Map ID Direction Distance Distance (ft.) Elevation Site WINNETKA CITGO (Continued) Client Tank Number: AST Base Material: Piping Material: Second Contain Tank Second Contain Pipe: Tank Construction Material: Tank Dispenser Code Tank Status Code! Tank Storage Capacity Tank Registration Date: Unregulated Tank Registration Date ; Compartmental Tank Flag: Heating Product Flag: Haz Waste Generator Id Product Replaced Date : Sludge Disposal Facility: Comments : Staff id Who Did The Last Update In Compliance: Program Interest Id: Address Id : MPGA Tank Number: Above/ Under Ground Serial Number: Date Added: Date Last Updated: Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code : Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments : Staff Id Who Did The Last Update In Compliance: Program Interest Id: Address Id: MPGA Tank Number: Above/ Under Ground Serial Number: Date Added: EMAP FINDINGS 011 Not reported Fiberglass Doublewall Tank Doublewall Pipe Fiberglass 3 Active 600 01/09/1995 00:00:00 Not reported Not reported N Not reported Not reported Not reported Not reported TANKS Yes 192391 191245 004 Under Ground Not reported 10/10/1999 10:56:24 05/04/2002 07:49:46 Anode Not reported Anode Gasoline 004 Not reported Coated Steel Not reported Not reported Bare/Paint/Asph Coat Steel I Removed 6000 05/2711886 00:00:C0 Not reported Not reported U MND022888143 Not reported DETERMAN TANK & WELDING Not reported TANKS Yes 192391 191245 007 Under Ground Not reported 10/10/1999 10:56:30 EDR ID Number Database(s) EPA 1D Number 1005404006 TC01102256.1r Page 15 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR 10 Number Elevation Site Database(s) EPA ID Number WINNETKA CITGO (Continued) Date Last Updated: Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material : Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date : Compartmental Tank Flag Heating Product Flag : Haz Waste Generator id : Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id : MPCA Tank Number: Above/ Under Ground: Serial Number: Date Added : Date Last Updated: Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product Client Tank Number: AST Base Material: Pilling Material: Second Contain Tank Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date : Compartmental Tank Flag Heating Product Flag Haz Waste Generator Id: Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id: 05/04/2002 07:49:46 Arcade Not reported Not Needed Diesel 007 Not reported Coated Steel Not reported Not reported Fiberglass 1 Removed 10000 05/27/1986 00:00:00 Not reported Not reported U MND022888143 Not reported DETERMAN TANK S WELDING Not reported TANKS Yes 192391 191245 001 Under Ground Not reported 10/10/1999 10:56:31 05/04/2002 07:49:46 None Not reported Anode Fuel Oil 001 Not reported Galvanized steel Not reported Not reported STI -P3 2 Removed 560 05/27/1986 00:00:00 Not reported Not reported Y Not reported Nat reported Not reported Not reported TANKS Yes 192391 1005404006 TC01102256.1r Pege 16 Map ID Direction Distance Distance (ft.) Flevation Site WINNETKA CITGO (Continued) Address Id : MPCA Tank Number: Above/ Under Ground: Serial Number. Date Added: Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code Tank Status Code : Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date: Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update In Compliance: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground: Serial Number: Date Added: Date Last Updated: Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code : Tank Storage Capacity Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag: Heating Product Flag : Haz Waste Generator id Product Replaced Date: Sludge Disposal Facility: MAP FINDINGS 191245 010 Under Ground Not reported 10/10/1999 10:56:39 05/04/2002 07:49:46 4 ENVIROFLEX Not Needed Alcohol Blend 010 Not reported Flexible Doublewall Tank Doublewall Pipe Fiberglass 1 Active 10000 01/09/1995 00:00:00 Not reported Not reported N Not reported Not reported Not reported Not reported TANKS Yes 192391 191245 009 Under Ground Not reported 10110/1999 10:56:39 05/04/2002 07:49:46 4 ENVIROFLEX Not Needed Alcohol Blend 009 Not reported Flexible Doublewall Tank Doublewall Pipe Fiberglass 1 Active 10000 01/09/1995 00:00:00 Not reported Not reported N Not reported Not reported Not reported EDR ID Number Database(s) EPA ID Number 1005404006 TC01102256.1r Page 17 Map ID Direction Distance Distance (ft.) Elevation Site WINNETKA CITGO (Continued) Comments: Staff Id Who Did The Last Update In Compliance: Program Interest Id: Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code: Tank Status. Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id : Address Id: MPGA Tank Number : Above/ Under Ground: Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description: Tank Cathodic Protection Tank Stored Product Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date MAP FINDINGS Not reported TANKS Yes 192391 191245 008 Under Ground Not reported 10/10/1999 10:57:21 05/04/2002 07:49:46 4 ENVIROFLEX Not Needed Alcohol Blend 008 Not reported. Flexible Doublewall Tank Doublewall Pipe Fiberglass 1 Active 12000 01/09/1995 00:00:00 Not reported Not reported N Not reported Not reported Not reported Not reported TANKS Yes 192391 191245 002 Under Ground Not repoited 10/10/1999 10:56:54 05/04/2002 07:49:46 None Not reported Anode Used Or Waste Oil 002 Not reported Galvanized steel Not reported Not reported STI -P3 2 Removed 580 05/27/1986 00:00:00 Not reported EDR ID Number Database(s) EPA ID Number 1005404006 TC01102256.1r Page 18 Map ID Direction Distance Distance (fL) Elevation Site WINNETKA CrrGO (Continued) Compartmental Tank Flag Heating Product Flag: Haz Waste Generator td Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update In Compliance - Program Interest Id: Address Id : MPCA Tank Number: Above/ Under Ground Serial Number ; Date Added: Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product Client Tank Number: AST Base Material Piping Material. Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag Haz Waste Generator Id.' Product Replaced Date : Sludge Disposal Facility Comments: Staff Id Who Did The Last Update In Compliance: Program Interest Id Address Id: MBCA Tank Number: Above/ Under Ground: Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection: Tank Stored Product Client Tank Number: AST Base Material: Piping Material' Second Contain Tank: Second Contain Pipe: Tank Construction Material MAP FROINGS Not reported U MND022888143 Not reported DETERMAN TANK & WELDING - Not reported TANKS Yes 192391 191245 006 Under Ground Not reported 1011011999 10:56:55 05/04/2002 07:49:46 Anode Not reported Anode Gasoline 006 Not reported Coated Steel Not reported Not reported Bare/Paint/Asph Coat Steel 1 Removed 6000 05127/1986 00:00:00 Not reported Not reported U MND022888143 Not reported DETERMAN TANK & WELDING Not reported TANKS Yes 192391- 191245 92391191245 003 Under Ground Not reported 10/10/1999 10:57:01 05/04/2002 07:49:46 Anode Not reported Anode Gasoline 003 Not reported Coated Steel Not reported Not reported Bare/Paint/Asph Coat Steel EDR ID Number Database(s) EPA ID Number 1005404006 TC01102256.1r Page 19 Map ID Direction Distance Distance (ft.) Elevation Site B14 NW < its 642 ft. Relative: Lower Actual: 910 ft. WINNETKA CITGO (Continued) Tank Dispenser Code Tank Status Code: Tank Storage Capacity: Tank Registration Data: Unregulated Tank Registration Date Compartmental Tank Flag Beating Product Flag: Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection: Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispense= Code: Tank Status Code : Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: MAP FINDINGS 1 Removed 6000 05/27/1986 00:00:00 Not reported Not reported U MND022888143 Not reported DETERMAN TANK & WELDING Not reported TANKS Yes 192391 191245 005 Under Ground Not reported 10110/1999 10:57:01 05!0412002 07:49:46 Anode Not reported Anode Gasoline 005 Not reported Coated Steel Not reported Not reported BarelPaint/Asph Coat Steel 1 Removed 6000 05/27/1986 00:00:00 Not reported Not reported U MND022888143 Nofrepoitdd DECERMAN TANK & WELDING Not reported TANKS Yes EDR ID Number Oatabase(s) EPA ID Number The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. AMOCO SS #5307 7900 BASS LAKE RD NEIN HOPE, MN 55428 Site 9 of 10 in cluster B LUST: LeaklD: 7996 MPCA ID: 220591 Report Date: 10/31/1994 Closed Date: 317/2001 1005404006 LUST 5105430454 NIA TE01102256.1 r Page 20 Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site AMOCO SS #5307 (Continued) Contact: Bruce Engelsma Legal Entity: Osborne Properties Limited Partnership Leak ID: 7998 MPCA ID: 220591 Report Date' 10/31/1994 Closed Date: 3!712001 Contact JIM KOVACH Legal Entity: AMOCO OIL CO B15 BASS LAKE ROAD SHOPPING CTR NW 7910 aASS LAKE RD 118-114 NEW HOPE, MN 55428 704 ft. NEW HOPE, MN 55428 Site 10 of 10 in cluster B Relative: Lower RCRIS: Owner: OSBORNE PROPERTIES Actual: (312) 555-1212 910 H. EPA ID: MND982427197 206395 Contact: SANDRA CAMERY MPCA Tank Number: (612) 332-1241 900 ft Classification: Small Quantity Generator Under Ground TSDF Activities: Not reported Serial Number: Violation Status: No violations found EDR ID Number Database(s) EPA ID Number. 5105430454 RCRIS-SQG 1000375076 FINDS MND982427197 FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act information system (RCRAINFO) 16 CRYSTAL TOWERS APARTMENTS ENE 5601156051562115701/5705 QUEBEC AVE N 118-114 NEW HOPE, MN 55428 749 ft. Relative: UST: Lower Program Interest Id : 207377 Address id : 206395 Actual: MPCA Tank Number: 002 900 ft Above/ Under Ground: Under Ground Serial Number: Not reported Date Added: 10/10/1999 10:56:30 Date Last Updated : 05/04/2002 08:42:25 Piping Cathodic Protection : None Piping Material Description: Not reported Tank Cathodic Protection : None Tank Stored Product : Fuel Oil Client Tank Number: 002 AST Base Material: Not reported Piping Material: Steel/Iron Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material: BarelPaintlAsph Coat Steel Tank Dispenser Code : 2 Tank Status Code : Active UST U003506148 NIA TC01102256.1r Page 21 Map ID AW, FINDINGS Direction Distance Distance (tt) Elevation Site CRYSTAL TOWERS APARTMENTS (Continued) Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update : In Compliance: Program Interest Id: Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added: Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection: Tank Stoned Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pips: Tanis Construction Material: Tank Dispenser Code Tank Status Code : Tank Storage Capacity Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flog: Heating Product Flag : Haz Waste Generator Id: Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id : Address Id: MPCA Tank Number. Above/ Under Ground Serial Number: Date Added: Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material 3000 11109/1998 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes 207877 206395 001 Under Ground Not reported 10/10/1999 10:57:22 05/04/2002 08:42:25 None Not reported None Fuel Oil 001 Not reported Steel/Iron Not reported Not reported BarwPainVAsph Coat Steel 1 Active 3000 11109/1998 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes 207877 208395 003 Under Ground Not reported 10/10/1999 10:57:00 051041200.2 08:42:25 None Not reported None Fuel Oil 003 Not reported Steelfiron EDR 1D Number Database(s) EPA ID Number U003506148 TC01102255.1 r Pags 2 Map ID Direction Distance Distance (ft.) Elevation Site CRYSTAL TOWERS APARTMENTS (Continued) Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material Bare/Paint/Asph Coat Steel Tank Dispenser Code : 2 Tank Status Code : Active Tank Storage Capacity: 3000 Tank Registration Date: 11/09/1998 00:00:00 Unregulated Tank Registration Date: Not reported Compartmental Tank Flag Not reported Heating Product Flag: Y Haz Waste Generator id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update TANKS In Compliance: Yes The MN UST database may contain additional details for this site. EDR ID Number Database(s) EPA ID Number 0003506148 Please click here or contact your EDR Account Executive for more information. 17 LYNDALE GARDEN CENTER MN LS S101200171 WNW 8001 BASS LAKE ROAD MN VIC NIA 118-114 NEW HOPE, MN 55428 1028 ft. Relative: MN Voluntary investigation Cleanup Program Lower Facility ID: VP4020 Active: False Actual: EPA Id: Not reported 903 fL MPCA Id: Not reported Alpha Sort Not reported Legal Dish 45A ' Congressional Distt: 5.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0.00000 Indian Reservation: False MPCA Owned Wells at site: False Created By: Stahnke Date Created: 02116/99 Date Last Updated: 02/16/99 Federal Facility: False Primary Funding Source: Not reported Link Id: 4161.00000 Facility Type: Dump (Unpermitted) HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RDIRA: False RDFS: False Fund financed: False Npi: False Plp: False TC01102256.ir Page23 Map ID M4P FINDINGS Direction - Distance Distance (ft.) Elevation Site LYNDALE GARDEN CENTER (Continued) District: Major Watershed: Major Watershed: Sec Address: Contacts Contact Name: Type Of Contact: Name Of Company Contact Address : Contact Phone : Contact Phone Ext: Contact Fax: Contact E-mail: Contact Cell Phone: Site Info Last Updated Misc Contact Info: Province : Country: Postal code: Contact Name Type Of Contact: Name Of Company: Contact Address: Contact Phone : Contact Phone Ext Contact Fax: Contact E-mail Contact Call Phone: Site Info Last Updated Misc Contact Info: Province Country Postal code Contact Name: Type Of Contact: Name Of Company: Contact Address : Contact Phone: Contact Phone Ext: Contact Fax : Contact E-mail Contact Cell Phone: Site Info Last Updated Misc Contact Info: Province Country: Postal code : Contact Name: Type Of Contact: Name Of Company Contact Address: Contact Phone : Contact Phone Ext: Contact Fax: Metro 0.00000 0.00000 Not reported Larry R. Quandt Staff TA (Technical Analyst) MPCA 520 Lafayette Rd. St. Paul, MN 55155 651-297-1808 Not reported 651-296-9707 larry.quandt@pca.state.mn.us Not reported 12/23/98 Not reported Not reported Not reported Not reported Tim McGlennan Consultant GME Consultants, Inc. 1400 21 st Avenue North Minneapolis, MN 55447 (812) 559-1859 Not reported Not reported Not reported Not reported 12/24/98 Not reported Not reported Not reported Not reported Tim Duoss Voluntary Party Lyndale Garden Center 8001 Bass Lake Road New Hope, MN 55428 (612)861-2221 Not reported Not reported Not reported Not reported 12/24/98 Not reported Not reported Not reported Not reported Sandra Beck Former Staff TA Not reported MN Not reported Not reported Not reported EDR ID Number Databases) EPA ID Number 5109200171 TC01102256.1r Page 24 Map ID MAP FINDINGS Direction Distance Distance (ft.) Elevation Site LYNDALE GARDEN CENTER (Continued) Contact E-mail: Not reported Contact Cell. Phone: Not reported Site Info Last Updated : 02/16/99 Misc Contact Info : Not reported Province : Not reported Country: Not reported Postal code: Not reported Contact Name: Dick Dwyer Type Of Contact: VIC Letter Recipient Name Of Company: President Contact Address : Lyndale GArden Center 6412 Lyndale Avenue South Richfield, MN 55423 Contact Phone : Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail : Not reported Contact Cell Phone: Not reported Site Info Last Updated : 1 1 Misc Contact Info : Not reported Province : Not reported Country : Not reported Postal code: Not reported Contact Name: Gerald Stahnke Type Of Contact Staff PL/PM (Project Leader/Project Managers Name Of Company: MPCA Contact Address : 520 Lafayette Rd St. Paul, MN 55155 Contact Phone: (651) 297-1459 Contact Phone Ext: Not reported Contact Fax : Not reported Contact E-mail: Not reported Contact Cell Phone: Not reported Site Info Last Updated : 12/23/98 Misc Contact Info : Not reported Province : Not reported Country: Not reported Postal code: Not reported Contamination Info Facid : VP4020 Contaminated Media: Soil Reg Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: mglKg Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.23999 Date Info Last Updated : 12/23198 Facid : VP4020 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: mg/Kg ' Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.60000 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media. Soil Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: mg/Kg EDR ID Number Databases) EPA ID Number S101200171 TC01102258.lr Page 25 Map ID MAP FlfrDWOS Direction Distance Distance (ft.) Elevation Site LYNDALE GARDEN CENTER (Continued) Basis For Req Cleanup Lvl : Not reported Max Residual Contamination4.70000 Date Info Last Updated: 12/23198 Facid : VP4020 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: mg/Kg Basis For Req Cleanup Lvl : Not reported Max Residual Contamination9.10000 Date Info Last Updated: 12/23/98 Facid : . VP4020 Contaminated Media: Ground Water Req Cleanup Conic : 0.00000 Cleanup Lvl Measure Units: ug1L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0A6199 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: uglL Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.10999 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : ug1L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.07599 Date Info Last Updated : 12/23/98 Faced: VP4020 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: ug1L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00400 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: ug1L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.09200 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Conc.- 0.00000 Cleanup LA Measure Units: uglL Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.05200 Date Info Last Updated : 12/23198 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: ug1L Basis For Req Cleanup Lvl : Not reported EDR ID Number Database(s) EPA ID Number S101200171 TC01102256.1r Page 26 Map ID Direction Distance Distance (ft.) Elevation Site MAP FWDING3S LYNDALE GARDEN CENTER (Continued) Max Residual Contamination0:11999 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Cone: 0.00000 Cleanup Lvl Measure Units: ug/L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.14000 Date Info Last Updated : 12/23/98 Faced: VP4020 Contaminated Media: Ground Water Req Cleanup Cone: 0.00000 Cleanup Lvl Measure Units : ug1L Basis For Req Cleanup Lvl: Not reported Max Residual Contamination0.07500 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Cone: 0.00000 Cleanup Lvi Measure Units: ug/L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.49000 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Cone: 0.00000 Cleanup Lvl Measure Units : ug/L Basis For Req Cleanup Lvl: Not reported Max Residual Contamination0.25000 Date Info Last Updated : 12/23/98 Facid : VP4020 Contaminated Media: Ground Water Req Cleanup Cone: 0.00000 Cleanup Lvl Measure Units: ug/L Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.21999 Date Info Last Updated : 12/23/98 Event Log Event: 41.00000 Start Date : 08/06/93 End Data : 08/03/97 Planned Start Date : I / Planned End Date : I / Date Info Last Updated : 01/13/98 Record Number: 3123.00000 Additional Information : None Event: 37.00000 Start Date: / I End Date : I I Planned Start Date : / 1 Planned End Date: I 1 Date Info Last Updated : I I Record Number: 12240.00000 Additional Information: Date unknown (auto -appended event)... Event: 163.00000 Start Date: I 1 End Date: 01/13/94 EDR ID Number Database(s) EPA ID Number S101200171 TC01102256.lr Page 27 Map ID Direction Distance Distance (ft.) Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number L-YNDALE GARDEN CENTER (Continued) 5101200171 Planned Start Date : I 1 Planned End Date: I I Date Info Last Updated: 1 1 Record Number: 7303.00000 Additional Information : Well water data requested Event: 155.00000 Start Date: 1 End Date : 09/03/93 Planned Start Date, 1 1 Planned End Date: 1 1 Date Info Last Updated : / 1 Record Number: 7304.00000 Additlonai Information: None Entered Event: 42.00000 Start Date : I I End Date : 12/24/98 Planned Start Date : / I Planned End Date.: I / Date Info Last Updated : / 1 Record Number: 7305.00000 Additional Information : None Entered Event: 155.00000 Start Date : I 1 End Date : 07110/98 Planned Start Date Planned End Date Date Info Last Updated : 1 1 Record Number: 7306.00000 Additional information : None Entered Impacts and Response Actions GW Recepts Prot by Rem. Actn : 0.00000 Ecological receptors present : False Type of ecological receptors : Not reported Acres of contaminated soil : 0.00000 Volume of contaminated soil : 0.00000 Acres of surface water impacted : 0.00000 Acres of wetland impacted : 0.00000 Acres of sediment impacted : 0.00000 GW Plume Area Acres: 0.00000 Cleanup Conducted: Tru e Acres of Contam Soil remediate : 0.00000 Volume of Soil Cleaned : 0.00000 # Municipal wells contamd : 0.00000 Year GWIC completed: 0.00000 # Dom wells contam : 0.00000 # SW intakes contamd : 0.00000 # People Impct SW intake contam:0.00000 # Drums Revolved from site : 0.00000 Yr Soil Remediated : 0.00000 Acres of Soil w/ Restrict Access : 0.00000 Yr IC remedy complete : 0.00000 Yr GW remedy. completed : 0.00000 Public financing: False Assurance help: Tru e Land use Classiln At Site: Commercial Land use Vicinity Of Site : Commercial Deed notif Present On Site : False TC01102256.1r Page28 Map ID MAP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number LYNDALE GARDEN CENTER (Continued) 5101200171 Restrictive Covenant Present! False GW Pump & Treat Used at site: Fal se Miscellaneous Comments: Not reported Quaternary Perched : False Quaternary Water Table: Fal se Quaternary Confined: False Cretaceous: False Plattville : False St_ peter: Fal se Prairie Duchien : False Jordan : False Ironton/Galesville: False Mt Simon Hinckley False Precambrian Undefferentiated : False Other/Unknown Aquifier : False Information Last Updated : 08/08/01 Acres of wetland of sediment remediated : 0.00000 Restrictions: Not reported Date Created: Notes: A former roofing tar dump with black tar like stuff oozing out of the parking lot. of this Garden Center Currently an investigation is taking place regarding magnitude, extent and health impacts of the oozing stuff see VP 4020 False Facility ID: VP4021 Active: False EPA Id: Not reported MPGA Id: Not reported Alpha Sort: Not reported Legal Distt: 45A Congressional Distt: 5.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: Vic Physical Location: None Natural Source damage: False Clean up Cost: 0.00000 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 07/07/97 Date Last Updated: 05/03/01 Federal Facility: False Primary Funding Source: Not reported Link Id: 4161.00000 Facility Type: Dump (Unpennitted) HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RDIRA: False RDFS: False Fund financed: False Npl: False PIP: False District: Metro TC01102256.1 r Page 29 Map I❑ Direction Distance Distance (ft) Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number LYNDALE GARDEN CENTER (Continued) S101200171 Major Watershed: 0.00000 Major Watershed: 0.00000 Sec Address: Not reported Contacts Not reported Contact Name : timothy Duoss Type Of Contact : Voluntary Party Name Of Company: Not reported Contact Address : Lyndale Garden Center Country : 8001 Bass Lake Road Postal code: New Hope, MN 55428 Contact Phone: Not reported Contact Phone Ext: Not reported Contact Fax : Not reported Contact E-mail: Not reported Contact Cell Phone: Not reported Site Info Last Updated : 08/08101 Misc Contact Info : Not reported Province: Not reported Country: Not reported Postal code : Not reported Contact Name: Larry R. Quandt Type Of Contact : Staff TA (rechnical Analyst) Name Of Company: MPCA Contact Address : 520 Lafayette Rd. St. Paul, MN 55155 Contact Phone: 651-297-1808 Contact Phone Ext: Not reported Contact Fax : 651-296-9707 Contact E-mail: larry.quandt@pce.state.mn.us Contact Cell Phone: Not reported Site Info Last Updated : 08/07/00 Misc Contact Info : Not reported Province : Not reported Country: Not reported Postal code: Not reported Contact Name: Gerald Stahnke Type Of Contact: Staff PUPM (Project Leader/Project Manager)s Name Of Company: IMPCA Contact Address : 520 Lafayette Rd St. Paul, MN 55155 Contact Phone : Not reported Contact Phone Ext Not reported Contact Fax: Not reported Contact E-mail: Not reported Contact Cell Phone: Not reported Site Info Last Updated 10/21/98 Misr. Conked Info: Not reported Province : Not reported Country : Not reported Postal code: Not reported Contamination Info Favid: VP4021 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00000 TC01102256.1 r Page 30 Map ID Direction Distance Distance (ft.) Elevation Site LYNDALE GARDEN CENTER (Continued) MAP FIN[][NGS Date Info Last Updated: 08/08/01 Facid : VP4021 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvi Measure Units: Not reported Basis For Req Cleanup Lvi : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvi Measure Units : Not reported Basis For Req Cleanup Lvi : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Soil Req Cleanup Conc : 0.00000 Cleanup Lvi Measure Units : Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00000 Dale Info Last Updated: 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvi Measure Units : Not reported Basis For Req Cleanup Lvi : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 Facid: VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup I -A Measure Units : Not reported Basis For Req Cleanup Lvl Not reported Max Residual Contamination0.00000 Date Info Last Updated: 08/08/01 Facid: VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 Facid: VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup LvI Measure Units': Not reported Basis For Req Cleanup Lvl : Not reported Max Residual Contamination0.00000 Date Info Last Updated : 08/08/01 EDR ID Number Database(s) EPA ID Number S101200171 TC01102258.1r Page 31 Map ID Direction Distance Distance (fL) Elevation Site MAP FINDINGS EDR ID Number Dafabase(s) EPA ID Number LYNDALE GARDEN CENTER (Continued) 5101200171 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : O.00OOD Cleanup Lvl Measure Units: Not reported Basis For Req Cleanup Lvl : Not reported Max Residual ContaminationO.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: Not reported Basis For Req Cteanup Lvl : Not reported Max Residual ConteminationO.00000 Date Info Last Updated: 08/08/01 Faced : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : Not reported Basis For Req Cleanup LvI : Not reported Max Residual Contamination0.00000 Data Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units: Not reported Basis For Req Cleanup Lvl : Not reported Max Residual ContaminationO.00000 Date Info Last Updated: 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units. Not reported Basis For Req Cleanup Lvl : Not reported Max Residual CantaminationO.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : not reported Basis For Req Cleanup Lvl : Not reported Max Residual ContaminationO.00000 Date Info Last Updated : 08/08/01 Facid : VP4021 Contaminated Media: Ground Water Req Cleanup Conc : 0.00000 Cleanup Lvl Measure Units : Not reported Basis For Req Cleanup Lvl : Not reported. Max Residual ContaminationO.00000 Date Info Last Updated : 08/08/01 Event Log Event: 41.00000 Start Date : 07/07/97 End Date : 01139!00 Planned Start Date Planned End Data: ! 1 Date Info Last Updated : 01/13/98 Record Number: 3122.00000 TC01102256.1 r Page 32 Map ID MAF' FINDINGS � Direction y Distance Distance (ft.) Elevation Site LYNDALE GARDEN CENTER (Continued) Additional Information: None Event: 218.00000 Start Date : I I End Date : 06/29/00 Planned Start Date : 1 1 Planned End Date: I 1 Date Info Last Updated 08/08/01 Record Number: 11742.00000 Additional Information : None Entered Event: 156.00000 Start Date : I 1 , End Date: 03/18/99 Planned Start Date: 1 1 Planned End Date: I 1 Date Info Last Updated: 06!08101 Record Number: 11743.00000 Additional Information : None Entered Event: 155.00000 Start Date End Date : 07/10/98 Planned Start Date' I I Planned End Date : 1 1 Date Info Last Updated 08/08/01 Record Number: 11744,00000 Additional Information : None Entered Event: 37.00000 Start Date End Date: 1 1 Planned Start Date: 1 1 Planned End Date: 1 1 Date Info Last Updated : 1 1 Record Number : 12239.00000 Additional Information : Date unknown (auto -appended event)... Event: 42.00000 Start Date End Date : 12/24/98 Planned Start Date: 1 ! Planned End Date: I ! Date Info Last Updated 01!06!99 Record Number: 6532.00000 Additional Information : None Entawd Impacts and Response Actions GW Recepts Prot by Rem Actn : 0.00000 Ecological receptors present: Fal se Type of ecological receptors : Not reported Acres of contaminated soil: 0.00000 Volume of contaminated soil: 0.00000 Acres of surface water impacted : 0.00000 Acres of wetland impacted : 0.00000 Acres of sediment impacted: 0.00000 GW Plume Area Acres: 0.00000 Cleanup Conducted: True Acres of Contam Soil remediate 0.00000 Volume of Soil Cleaned 0.00000 # Municipal wells c ontamd : 0.00000 Year GWIC completed : 0.00000 # Dom wells contain : 0.00000 EDR ID Number Database(s) EPA ID Number 5101200171 TC01102256.1 r Page 33 Map ID Direction Distance Distance (ft.) Elevation Site MAP F11UpINGS EDR ID Number Database(s) EPA ID Number LYNDALE GARDEN CENTER (Continued) # SW intakes contamd : 0.00000 # People impot SW intake contam: 0.00000 # Drums Revolved from site: 0.00000 Yr Soil Remediated : 0.00000 Acres of Soil wl Restrict Access: 0.00000 Yr iC remedy complete: 0.00000 Yr GW remedy completed : 0.00000 Public financing : Fal se Assurance help: True Land use Classfn At Site: Co mmercial Land use Vicinity Of Site : Co mmercial Deed notif Present On Site : False Restrictive Covenant Present: Fal se GW Pump & Treat Used at site: Fal se Miscellaneous Comments : Not reported Quaternary Perched : Fal se Quaternary Water Table : False Quaternary Confined : False Cretaceous : False Plattvllie : False St. peter : Fal se Prairie DLchien : Fal se Jordan : False Ironton/Galesville : Fal se Mt Simon Hincidey : Fal se Precambrian Undefferentiated False Other/Unknown Aquifier : Fal se Information Last Updated : 08108/01 Acres of wetland of sediment remediated : 0.00000 Restrictions: Not reported Notes: A former roofing tar dump with black tar like stuff oozing out of the parking lot. of this Garden Center Currently an investigation is taking place regarding magnitude, extent and health impacts of the oozing stuff see VP 4020 MN LS: CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPGA: No Solid Waste Permit: No Voluntary Cleanup & Investigation: Yes Dumps: No Entity Type: VIC County Code: 27 PLP: No Facility Name 2: Not reported Facility Address 2: Not reported Link ID: 4161 LCP: No 5101200171 TC01102256.1r Poge34 Map ID MPTP FINDINGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number C18 WINCREST APARTMENTS LUST 1001007552 NNW 5704 WINETKA AVE NIA 118-114 NEW HOPE, MN 55428 1149 ft. Site 1 of 3 in cluster C Relative: Lower LUST: LeaklD: 8327 Actual: MPGA ID: 220903 898 ft. Report Date: 5/2/1995 Closed Date: 2110/1998 Contact: LEON FISCHER Legal Entity: WINCREST PROPERTIES C19 WINCREST APARTMENTS RCRIS-SQG 1004735310 NNW 5704 WINNETKA AVE N FINDS MNR000004754 118-114 NEW HOPE, MN 55428 1179 ft. Site 2 of 3 in cluster C Relative: Lower RCR1S: Owner: WINCREST PROPERTIES Actual: (612) 533-5041 897 ft. EPA ID: MNR040004754 Contact: LEON FISCHER (612) 533-5041 Classification: Conditionally Exempt Small Quantity Generator TSDF Activities, Not reported Violation Status: No violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) C20 WINCREST APARTMENTS LUST S102657735 NNW 5720 WIN ETKA AVE NIA 118-114 NEW HOPE, MN 55428 1243 ft. Site 3 of 3 in cluster C Relative: LUST: UST: LeaklD: 8005 Actual: MPGA ID: 220598 899 ft. Report Date: 11/2/1994 Closed Date: 7/28/1998 Contact: LEON FISCHER Legal Entity: WINCREST PROPERTIES TC01102256.1 r Page 35 Map ID Direction Distance Distance (fL) Elevation Site D21 NNW 118-114 1269 & Relative: Lower Actual: 898 ft. E22 NW 118-114 1271 ft. Relative: Lower Actual: 904 ft. WINCREST APARTMENTS 5720 WINNETKA AVE N NEW HOPE, MN 55428 Site 1 of 3 In cluster D RCRIS: Owner: WINCREST PROPERTIES EPA ID: MNR000004325 Contact: LEON FISCHER (612)533-5041 MAP FINDINGS Classification: Conditionally Exempt Small Quantity Generator TSDF Activities: Not reported Violation Status: No violations found EDR ID Number Database(s) EPA ID Number RCRIS-SQG 1004735277 FINDS MNR000004325 FINDS: Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) ST. THERESE HOME 8000 BASS LAKE RD MINNEAPOLIS, MN 55428 Site 1 of 3 in cluster E UST: Program Interest Id: 228598 Address Id: 289900 MPCA Tank Number: 001 Above/ Under Ground: Under Ground Serial Number: Not reported Date Added : 09126/2000 07:29:11 Date Last Updated : 05/04/2002 09:54:49 Piping Cathodic Protection Not reported Piping Material Description: Not reported Tank Cathodic Protection : Not reported Tank Stored Product: Fuel Oil Client Tank Number: - Not reported AST Base Material : Not reported' Piping Material : Steelllron Second Contain Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material: BarelPaint/Asph Coat Steel Tank Dispenser Code: 99 Tank Status Code: Removed Tank Storage Capacity: 40000 Tank Registration Date: 11/03/2000 00:00:00 Unregulated Tank Registration Date : 09/25/2000 00:00:00 Compartmental Tank Flag : Not reported !seating Product Flag : Not reported Haz Waste Generator Id : Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff Id Who Did The Last Update : TANKS In Compliance: Yes Program Interest Id: 22859B UST U003864645 NIA TC01.102256.1 r Page 36 Map ID Direction Distance Distance (ft.) Elevation Site ST. THERESE HOME (Continued) Address Id: MPGA Tank Number: Above! Under Ground: Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code Tank Status Code : Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: in Compliance: Program interest Id Address Id : MPCA Tank Number: Above/ Under Ground Serial Number: Date Added: Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection: Tank Stored Product: Client Tank Number: AST Base Material: Piping Material: Second Contain Tank: Second Contain Pipe : Tank Construction Material ; Tank.Dispenser Code: Tank Status Code : Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date .Compartmental Tank Flag: Heating Product Flag : Hax Waste Generator id Product Replaced Date : Sludge Disposal Facility: MAP FINDINGS 289900 002 Under Ground Not reported 09/26/2000 07:29:51 05/04/2002 09:54:49 Not reported Not reported Not reported Fuel Oil Not reported Not reported SteeVIron Not reported Not reported BarelPaintlAsph Coat Steel Not reported Removed 15000 Not reported 09125/2000.00:00:00 Not reported Not reported Not reported Not reported Not reported Not reported TANKS Yes 228598 289900 003 Under Ground Not reported 09/26/2000 0730:26 05/04/2002 09:54:49 4 Not reported Not reported Fuel Oil Not reported Not reported Coated Steel Not reported Doublewall Pipe Composite 2 Active 20000 10/26/2000 00:00:00 09/25/2000 00:00:00 Not reported Not reported Not reported Not reported Not reported SDR ID Number Database(s) SPA ID Number U003864645 TC01102256.1r Page 37 Map ID W FINDtNGS Direction Distance Distance (ft.) EDR ID Number Elevation Site Databases) EPA ID Number ST. THERESE HOME (Continued) Comments: Not reported Staff Id Who Did The Last Update; TANKS In Compliance: Yea The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. E23 SAINT THERESE HOME NW 8000 BASS LAKE RD 118-1/4 NEW HOPE, MN 55428 1271 fL Site 2 of 3 In cluster E Relative: UST: LUST: LeaklD: 13673 Actual: MPCA ID: 228851 904 ft. Report Date: 10/1212000 Closed Date: 1/9/2001 Contact: Mark Anderson Legal Entity: Saint Therese Home E24 NW 118-114 1283 ft Relative: Lower Actual: 904 ft. D25 NNW 118-114 1284 fL Rotative: Lower Actual: 899 ft. BNR PARTNERS DBA PARK ACRES APT 8007 BASS LAKE RD NEW HOPE, MN 55428, Site 3 of 3 in cluster E RCR1S: Owner: BNR PARTNERS (612) 922-3881 EPA ID: MNR000031187 Contact: Not reported Classification: Small Quantity Generator TSDF Activities: Not reported Violation Status: No violations found U003864645 LUST 5104936701 NIA RCRIS-SQG 1001127568 FINDS MNR000031187 FINDS: . .. Other Pertinent Environmental Activity Identified at Site: Minnesota's Project Delta (Environmental Permitting, Compliance, and Monitoring (MD -DELTA) Resource Conservation and Recovery Act Information system (RCRAINFO) WINDCREST APARTMENTS 5720ININETKA AVE NEW HOPE, MN 55428 Site 2 of 3 in cluster D UST: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added: Date Last Updated Piping Cathodic Protection 205068 267615 001 Under Ground Not reported 1011 011999 10;57:22 05/04/2002 08:36:23 None UST 0002153198 NIA TC01102256.1 r Page 38 Map ID Direction Distance Distance (ft) Elevation Site WINDCREST APARTMENTS (Continued) Piping Material Description: Tank Cathodic Protection: Tank Stored Product Client Tank Number: AST Base Material Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser.Code : Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Data Compartmental Tank f=lag Heating Product Flag : Haz Waste Generator Id: Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The.Last Update: In Compliance: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated: Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product : Client Tank Number.' AST Base Material Piping Material: Second Contain Tank: Second Contain Pipe : Tank Construction Material Tank Dispenser Code: Tank Status Code : Tank Storage Capacity Tank Registration Date Unregulated Tank Registration Date: Compartmental Tank Flag Heating Product Flag r Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility Comments: Staff Id Who Did The Last Update In Compliance: MAP FINDINGS g Not reported None Fuel Oil 001 Not reported Steel/Iron Not reported Not reported Bare/PaintlAsph Coat Steel 2 Removed 3000 10/26/1994 00:00:00 10120/1994 00:00:00 Not reported Y MN0022588143 Not reported DETERMAN TANK & WELDING Not reported TANKS Yes 206068 267615 002 Under Ground Not reported 1 011 011 999 10:56:52 05/04/2002 08:36:23 Anode Not reported Anode Fuel Oil 002 Not reported Copper Not reported Not reported STI -P3 2 Active 1000 12102/1994 00:00:00 Not reported Not reported Y Not reported Not reported Not reported Not reported TANKS Yes EDR ID Number Database(s) EPA ID Number The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. U002153198 TC01102256.1r Page 39 Map ID Direction Distance Distance (ft) Elevation Site D26 NNW 1/4-112 1338 ft. Relative: Lower Actual: Soo fL WINDCREST APARTMENTS (Continued) WINCREST APARTMENTS 5732 WINETKA AVE N. NEW HOPE, MN 55428 MAP FINDINGS Site 3 of 3 in cluster D SPUR STATION 04411 LUST: ENE Leak ID: 8326 MPCA ID: 220902 Report Date: 501995 Closed Date: 2/10/1998 Contact LEON FISCHER Legal Entity: WINCREST PROPERTIES EDR ID Number Database(s) EPA ID Number U002153198 LUST 1001007551 NIA 27 SPUR STATION 04411 LUST U000274075 ENE 7300 BASS LAKE RD UST NIA 114-1/2 NEW HOPE, MN 55428 1490 ft. Relative: LUST: Lower Leak ID: 4153 MPCA ID: 216878 Actual: Report Date: 6/19/1991 681 ft. Closed Date: 1112411993 Contact: Not reported Legal Entity: MURPHY OIL USA INC UST; Program interest Id: 191279 Address Id : 190157 MPCA Tank Number: 004 Abovel Under Ground: Under Ground Serial Number: Not reported Date Added : 10/10/1999 10:56:31 Date Last Updated : 05/04/2002 07:45:56 Piping Cathodic Protection 4 Piping Material Description: Not reported Tank Cathodic Protection :.. Not Needed Tank Stored Product : Gasoline Client Tank Number: 004 AST Base Material: Not reported Piping Material: Fiberglass Second Contain, Tank: Not reported Second Contain Pipe: Not reported Tank Construction Material : Fiberglass Tank Dispenser Code : 1 Tank Status Code : Removed Tank Storage Capacity: 10000 Tank Registration Date : 09/12/1991 00:00:00 Unregulated Tank Registration Date : Not reported Compartmental Tank Flag: Not reported Heating Product Flag : U ' Haz Waste Generator Id: Not reported Product Replaced Date: Not reported Sludge Disposal Facility: Not reported Comments: Not reported Staff id Who Did The Last Update: TANKS In Compliance: Yes TC01102256.1 r Page 40 Map ID MAP FINDINGS Direction Distance Distance (fl.) EDR ID Number Elevation Site Database(s) EPA ID Number SPUR STATION #4411 (Continued) Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added: Date Last Updated: Piping Cathodic protection Piping Material Description: Tank Cathodic Protection Tank Stored Product: Client Tank Number AST Base Material'. Piping Material : Second Contain Tank: Second Contain Pipe: Tank Construction Material: Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag: Pleating Product Flag: Haz Waste Generator Id Product Replaced Date Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id : MPCA Tank Number: Abovel Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material Piping Material ! Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code : Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag : Haz Waste Generator ld 191279 190157 005 Under Ground Not reported 10/10/1999 10:57:16 05/0412002 07:45:56 4 Not reported Not Needed Gasoline 005 Not reported Fiberglass Not reported Not reported Fiberglass 1 Removed 10000 09/12/1991 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS Yes 191279 190157 001 Under Ground Not reported 10/1011999 10:56:38 05/04/2002 07:45:56 None Not reported None Gasoline 001 Not reported Galvanized steel Not reported Not reported BarelPaintlAsph Coat Steel 2 Removed 8000 02/24/1986 00:00:00 Not reported Not reported U Not reported U000274075 TC01102256.1 r Page 41 Map ID MAP FINDINGS Direction Distance Distance (ft.) FOR ID Number Elevation Site Database(s) EPA ID Number SPUR STATION #4411 (Continued) Product Replaced Date: Sludge Disposal Facility. Comments: Staff Id Who Did The Last Update In Compliance: Program Interest Id Address Id : MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated : Piping Cathodic Protection Piping Material Description, Tank Cathodic Protection: Tank Stored Product: Client Tank Number: AST Base Material: Piping Material, Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code Tank Status Code : Tank Storage Capacity: Tank Registration Date: Unregulated Tank Registration Date Compartmental Tank Flag Healing Product Flag : Haz Waste Generator Id Product Replaced Date: Sludge Disposal Facility! Comments : Staff Id Who Did The Last Update: In Compliance: Program Interest Id Address Id: MPCA Tank Number: Above/ Under Ground Serial Number: Date Added : Date Last Updated Piping Cathodic Protection Piping Material Description Tank Cathodic Protection Tank Stored Product: Client Tank Number: AST Base Material, Piping Material: Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code : Tank Storage Capacity : Not reported Not reported Not reported TANKS No 191279 190157 002 Under Ground Not reported 10110/1999 10:57:21 05/04/2002 07:45:56 None Not reported None Gasoline 002 Not reported Galvanized steel Not reported Not reported, BarelPaint/Asph Coat Steel 2 Removed 8000 02/24/1986 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS No 191279 190157 006 Under Ground Not reported 1011 011 999 10:56:46 05/04/2002 07:45:56 a Not reported Not Needed Gasoline 006 Not reported Fiberglass Not reported Not reported Fiberglass 1' Removed 10000 U000274075 TC01102256.1r Page42 Map ID Direction Distance Distance (ff.) Elevation Site F28 South 114-112 1913 ft. Relative: Lower Actual: 911 ft. SPUR STATION #4411 (Continued) Tank Registration Date : Unregulated Tank Registration Date Compartmental Tank Flag Heating Product Flag: Haz Waste Generator Id: Product Replaced Date: Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update In Compliance: Program Interest Id: Address Id: MPCA Tank Number: Above/ Under Ground: Serial Number: Date Added: Date Last Updated: Piping Cathodic Protection Piping Material Description: Tank Cathodic Protection: Tank Stored Product: Client Tank Number: AST Base Material: Piping Material : Second Contain Tank: Second Contain Pipe: Tank Construction Material Tank Dispenser Code: Tank Status Code: Tank Storage Capacity: Tank Registration Date : Unregulated Tank Registration Date: Compartmental Tank Flag Heating Product Flag : Haz Waste Generator Id: Product Replaced Date : Sludge Disposal Facility: Comments: Staff Id Who Did The Last Update In Compliance: MAP FINDINGS 09/12/1991 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS Yes 191279 190157 003 Under Ground Not reported 10/10/1999 10:57:01 05/04/2002 07:45:56 None Not reported None Gasoline 003 Not reported Galvanized steel Not reported Not reported Bare/Point/Asph Coat Steel, 2 Removed 8000 0212411986 00:00:00 Not reported Not reported U Not reported Not reported Not reported Not reported TANKS No EDR ID Number Database(s) EPA ID Number The MN UST database may contain additional details for this site. Please click here or contact your EDR Account Executive for more information. WINNETKA AVENUE PROPERTY 5121 WINNETKA AVE. N NEW HOPE, MN 55428 Site 1 of 2 in cluster F MN Voluntary Investigation Cleanup Program Facility ID: VP2291 Active: False EPA Id: Not reported MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: 45A Congressional Distt: 3.00000 0000274075 MN VIC S103909228 NIA TC01102256.1r Page43 Map ID MAP FINDINGS Direction Distance Distance (fl) Elevation Site WINNETKA AVENUE PROPERTY (Continued) Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0.00000 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 05/19197 Date Last Updated: 04/03198 Federal Facility: False Primary Funding Source: Not reported Link Id: 3980.00000 Facility Type: Printing HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RD/R& False RLIFS: False Fund financed: False Npl: False Pip: False District: Met ro Major Watershed: 0.00000 Major Watershed: 0.00000 Sec Address: Not reported Contacts Contact Name: Jim Kelly Type Of Contact: Former Staff Project Leader/Project Manager Name Of Company: MPCA Contact Address : Lafayette Rd St. Paul, MN 55155 Contact Phone : Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail : Not reported Contact Cell Phone Not reported Site Info Last Updated : 01/29/99 Misc Contact Info: Not reported Province : Not reported Country : Not reported Postal code: Not reported Contact Name : Cathy Schultz Type Of Contact: Former Staff TA Name Of Company : MPCA Contact Address : Lafayette Rd St Paul, MN 55155 Contact Phone: Not reported Contact Phone Ext Not reported Contact Fax: Not reported Contact E-mail: Not reported Contact Cell Phone: Not reported Site Info Last Updated: 01/29/99 EDR ID Number Database(s) EPA ID Number 5103909228 TC01102256.lr Page44 Map ID GAAP FINDINGS Direction Distance Distance (ft.) Elevation Site WINNETKA AVENUE PROPERTY (Continued) Misc Contact Info : Not reported Province: Not reported Country : Not reported Postal code: Not reported Event Log Event: 41.00000 Start Date: 05/19/97 End Date: 04/01/00 Planned Start Data : I I Planned End Date : I 1 Date Info Last Updated I I Record Number: 1186.00000 Additional Information : None Event: 45.00000 Start Date: 1 I End Date: 01/29/98 Planned Start Date : I I Planned End Date : 1 I Date Info Last Updated: 05/13/02 Record Number: 13980.00000 Additional Information : None Entered Impacts and Response Actions GW Recepts Prot by Rem Actn : 0.00000 Ecological receptors present: False Type of ecological receptors: Not reported Acres of contaminated soil : 0.00000 Volume of contaminated soil : 0.00000 Acres of surface water impacted : 0.00000 Acres of wetland impacted : 0.00000 Acres of sediment impacted: 0.00000 GW Plume Area Acres: 0.00000 Cleanup Conducted: False Acres of Contam Soil remediate 0.00000 Volume of Soil Cleaned : 0.00000 # Municipal wells contamd . 0.00000 Year GWIC completed : 0.00000 # Dom wells contam : 0.00000 # SW intakes contamd : 0.00000 # People Impct SW intake contam:0.00000 # Drums Revolved from site : 0.00000 Yr Soil Remediated : 0.00000 Acres of Soil w! Restrict Access: 0.00000 Yr IC remedy complete: 0.00000 Yr GW remedy completed: 0.00000 Public financing: False Assurance help: False Land use Classfn At Site : Not reported Land use Vicinity Of Site: Not reported Deed notif Present On Site : False Restrictive Covenant Present: False GW Pump & Treat Used at site: False Miscellaneous Comments: Not reported Quaternary Perched : False Quaternary Water Table: Fal se Quaternary Confined: Fal se Cretaceous : False Plattville : Fal se EDR ID Number Database(s) EPA ID Number 5103909228 TC01102256.1r Page 45 Map ID MAP FINDINGS Direction --- Distance Distance (it) Elevation Site WINNETKA AVENUE PROPERTY (Continued) St. peter: Fal se Prairie Ouchien : False Jordan : False Ironton/Galesville: False 'Vit Simon Hinckley: False Precambrian Undefferentiated : False Other/Unknown Aquifier : False Information Last Updated : 07/24/02 Acres of wetland of sediment remediated : 0.00000 Restrictions: Not reported Notes: See also Honeywell New Hope F29 CONTINENTAL BAKING CO INC South 5130 WINNETKA AVE N 114-112 NEW HOPE, MN 55428 1927 ft. Site 2 of 2 in cluster F Relative: Lower RCRIS: Owner. CONTINENTAL BAKING CO INC Actual: (312) 555-1212 910 ft. EPA ID: MND120184205 Contact: MARK MANN (612) 235-1555 Classification: Small Quantity Generator TSDF Activities: Not reported Violation Status: Nd violations found FINDS: Other Pertinent Environmental Activity Identified at Site: Resource Conservation and Recovery Act Information system (RCRAINFO) LUST: LeaklD: 5931 MPCA ID: 218585 Report Date: 1.111411992 Closed Date: 7/13/2000 Contact MARK MANN Legal Entity: CONTINENTAL BAKING CO 30 TOTAL PETROLEUM East 7117 BASS LAKE RD 114-112 NEW HOPE, MN 55428 2016 ft. Relative: LUST: Lower Leak 1D.- 2155 MPCA ID: 214975 Actual: Report Date: 11/30/1989 879 ft. Closed Date: 4/2611994 Contact: MIKE BROWN Legal Entity: TOTAL PETROLEUM/MIKE BROWN EDR ID Number Database(s) EPA ID Number 5103909228 RCRIS-SQG 1000412648 FINDS MND120184205 LUST LUST 5101286646 MN Spills NIA TC01102256.1r Page4e Map !D MAP FINDINGS Direction _. Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number TOTAL PETROLEUM (Continued) 5101286646 MN SPILLS: Facility !D: 12785 Reported By: Not reported Spill Date: Not reported Project Manager. Product: GASOLINE Incident Date: Not reported Date Reported: 11/30/89 Amount Spilled: UNKN Units: Not reported Priority: Not reported Action Taken: Not reported Incident: Not reported Spill Cause: UST Location: Not reported Box:. Not reported Region: Not reported Spill: Not reported Report: Not reported Project Mngr. Not reported Respnbl Party: Not reported Description: Not reported MN Pollution Control Agency: Not reported 31 MN Spills S101320052 SSW 5121 WINNETKA AVE N MN LS NIA 114-112 NEW HOPE, MN 55428 MN VIC 2099 ft. Relative: MN Voluntary Investigation Cleanup Program Lower Facility ID: VP2290 Active: False Actual: EPA id: Not reported 911 ft. MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: 45A Congressional Distt: 3.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported` Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0.00000 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 04/26/91 Date Last Updated: 1 1 Federal Facility: False Primary Funding Source: Not reported Link Id: 3980.00000 Facility Type: Not reported HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferai Plot: False Site Classification: False Emergency: False TC01102256.1r Page 47 Map !D MAP FHVDINGS Direction ._._,.... ..... Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number (Continued) RD/RA: False RDFS; False Fund financed: False Npl: False PIP: False District: Metro Major Watershed: 0.00000 Major Watershed: 0.00000 Sec Address: Not reported Contacts Contact Name Joe Zachmann Type Of Contact Name Of Company Contact Address : Contact Phone: Not reported Contact Phone Ext: Not reported Contact Fax: Not reported Contact E-mail: Not reported Contact Cell Phone: Not reported Site Info Last Updated : 05/15/98 Misc Contact Info : Not reported Province: Not reported Country: Not reported Postal code: Not reported Contact Name : Cathy Schultz Type Of Contact : Former Staff TA Name Of Company: MPCA Contact Address: Lafayette Rd St. Paul, MN 55155 Contact Phone : Not.reported Contact Phone Ext Not reported Contact Fax: Not reported Contact E-mail: Not reported Contact Cell Phone : Not reported Site Info Last Updated : 01/28/99 Misc Contact Info : Not reported Province : Not reported Country : Not reported Postal code : Not reported Event Log Event: 41.00000 Start Date : 04128191 End Date : 02/01197 Planned Start Date: 1 1 Planned and Date -,1 1 Date Info Last Updated 1 1 Record Number: 1185.00000 Additional Information : None Restrictions: Not reported ?totes: See also Honeywell New Hope MN LS: Former Staff Project Leader/Project Manager Not reported CERCLIS: No No Further Remedial Action Planned: No National Priorities List: No Delisted From PLP By MPCA: No Solid Waste Permit= No Voluntary Cleanup & Investigation: Yes S101320052 TC01102258.tr Page4a Map ID ia'tik iscLrl+C:r; Direction Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number (Continued) S101320052 Dumps: No Entity Type: VIC County Code: 27 PLP: No Facility Name 2: Not reported Facility Address 2: Not reported Link ID: 3980 LCP: No MN SPILLS: LUST: Facility ID: 24709 Reported By: Not reported Spill Data: Not reported Project Manager: Closed Date: Product: CHEMiCALS10THER OR UNSPICIFIED Incident Date: Not reported Date Reported: 7 -Nov -96 Amount Spilled: 1 Units: GALLONS Priority: Not reported Action Taken: NO FILE, NO CONTACT WITH RP Incident: Not reported Spill Cause: SPILL Location: Not reported Box: Not reported Region: Not reported Spill: Not reported Report: Not reported Project Mngr: Not reported Respnbl Party: Not reported Description: BUCKET TIPPED OVER SPILLED INSIDE BUILDING. WE ABSORBED IT WITH SEALED PILLOWS AND DISPOSED AS HAZ WASTE. 1,1,1 TRICHLORETHANE MN Pollution Control Agency: RWK 32 ROBBiNSDALE HOSTERMAN JR HIGH West 5530 ZEALAND AVE N 114-112 NEW HOPE, MN 55428 2327 ft. Relative: LUST: Higher LeaklD: VP3540 MPGA ID: Actual: Report Date: 922 ft. Closed Date: Not reported Contact: MPCA Id: Legal Entity: 647 213585 8/12/1968 10/17/1989 JIM GIEBENHAIN INDEPENDENT SCHOOL DISTRICT #281 33 NEW HOPE DISTRIBUTION CENTER SW 5975-97 WINNETKA AVE. N. 114-112 NEW HOPE, MN 55428 2587 ft. Relative: MN Voluntary Investigation Cleanup Program Higher Facility ID: VP3540 Active: False Actual: EPA Id: Not reported 919 ft. MPCA Id: Not reported Alpha Sort: Not reported Legal Distt: 45A LUST S100057665 N/A MN LS 5102277055 MN VIC NIA TC01102256.ir Page49 Map ID MeW FINDINGS Direction Distance Distance (fL) EOR ID Number Elevation Site Database(s) EPA ID Number NEW HOPE DISTRIBUTION CENTER (Continued) 5102277055 Congressional Distt: 5.00000 Size Acres: 1.00000 MPCA Region: Metro Program Reffered from: Not reported Program Interest: VIC Physical Location: None Natural Source damage: False Clean up Cost: 0.00000 Indian Reservation: False MPCA Owned Wells at site: False Created By: Unknown Date Created: 02/24/93 Date Lest Updated: 05/05/99 Federal Facility: False Primary Funding Source: Not reported Link Id: 3494.00000 Facility Type: Not reported HRS Score: 0.00000 Enforcement Lead Agency: Not reported Federal Defferal Plot: False Site Classification: False Emergency: False RD/RA: False RLIFS: False Fund financed: False Npl: False Pip: False District: Metro Major Watershed- 0.00000 Major Watershed: 0.00000 Sec Address: Not reported Contacts Contact Name: Joe Otte Type Of Contact : Former Staff Project�Leader/Project Manager Name Of Company: MPCA Contact Address : 520 Lafayette Rd St. Paul, MN 55155 Contact Phone : Not reported Contact Phone Ext: Not reported Contact Fax : Not reported Contact E-maii : Not reported Contact Cell Phone: Not reported Site Info Last Updated : 05/07/98 Misc Contact Info: Not reported Province : Not reported Country : Not reported Postal code : Not reported Event Log Event: 41.00000 Start Date : 02/24/93 End Date: 03/10197 Planned Start Date: 1 1 Planned End Date: 1 1 Date info Last Updated : 11 Record Number: 1316.00000 Additional Information: None Event: 43.00000 TC01102256. t r Page 50 Map ID MAP FINDINGS Direction _ Distance Distance (ft.) EDR ID Number Elevation Site Database(s) EPA ID Number NEW HOPE DISTRIBUTION CENTER (Continued) S102277055 Start Date : 1 1 End Date: 02/16/94 Planned Start Date: 1 1 Planned End Date: 1 1 Date Info Last Updated : 1 1 Record Number: 1317.00000 Additional Information : None Impacts and Response Actions GW Recepts Prot by Rem Actn : 0.00000 Ecological receptors present: Fal se Type of ecological receptors: Not reported Acres of contaminated soil : 0.00000 Volume of contaminated soil: 0.00000 Acres of surface water impacted: 0.00000 Acres of wetland impacted : 0.00000 Acnes of sediment impacted: 0.00000 GW Plume Area Acres: 0.0000o Cleanup Conducted: Fal se Acres of Contam Soil remediate : 0.00000 Volume of Soil Cleaned : 0.00000 # Municipal wells contamd : 0.00000 Year GWIC completed : 0.00000 # Dom wells Contam : 0.00 000 # SW intakes contamd : 0.00000 # People lmpct SW intake Contam: 0.00 000 # Drums Revolved from site : 0.00000 Yr Soil Remediated : 0.00000 Acres of Soil wl Restrict Access : 0.00000 Yr IC remedy complete: 0.00000 Yr GW remedy completed : 0.00000 Public financing: False Assurance help: False Land use Classfn At Site: Not reported Land use Vicinity Of Site : Not reported Deed notif Present On Site : Fal se Restrictive Covenant Present: False GW Pump i£ Treat Used at site: False Miscellaneous Comments: Not reported Quaternary Perched: False Quaternary Water Table: False Quaternary Confined: Farse Cretaceous: False Plattville : False St. peter: False Prairie Duchien : False Jordan : False Ironton/Galesville: False Mt Simon Hinckley: False Precambrian Undefferentiated : False Other/Unknown Aquifier : False Information Last Updated : ! / Acres of wetland of sediment remediated 0.00000 Restrictions: Not reported Notes: See also Honeywell New Hope MN LS: CERCLIS: No No Further Remedial Action Planned: No TC01102256.1 r Page 51 Map I❑ MAP FINDINGS Direction Distance Distance (ft.) EOR ID Number Eievatior, Site Database(s) EPA ID Number NEW HOPE DISTRIBILMON CENTER (Continued) National Priorities List No Delisted From PLP By MPCA: No Solid Waste Permit: No Voluntary Cleanup & investigation: Yes Dumps: No Entity Type: VIC County Code: 27 PLP: No Facility Name 2: Not reported Facility Address 2: Not reported Link ID: 3494 LCP: No 5102277055 TC01102256.1 r Page 52 ORPHAN SUMMARY City EDR ID Site Name Slte Address Zip Databases) BROOKLYN PARK 1005695921 DAMARK NEW DISTRIBUTION CENTER 93RD AVE N&HAMPSHIRE 55428 FINDS CRYSTAL S105872367 CRYSTAL SHOPPING CENTER (SEE A BASS LAKE ROAD f WEST BROADWAY 55428 MN VIC GOLDEN VALLEY 5106034462 WHITE HOUSE SITE p4 (SEE PT 01 4900 OLSON MEMORIAL HIGHWAY 55428 MN VIC NEW HOPE 1004733927 TECHNOMARK INC 5026 HWY 169 N 55428 RGRIS-SOG, FINDS NEW HOPE 1004734125 OILOYNE INC 5520 N 169 HWY 55428 RCRIS-SQG, FINDS NEW HOPE 1004727882 LIBERTY TOOL AND ENGINEERING 4964 N HWY 169 55428 RCRIS-SQG, FINDS NEW HOPE 1004733975 NORTHLAND PRINTING 4954 W HWY 169 55428 RCRIS-SQG, FINDS NEW HOPE 1004737705 GERLO MFG 5016 N HWY 169 55428 RCRIS-SQG, FINDS NEW HOPE 1005416787 BCX PRINTING 5014 NORTH HWY 169 55428 RCRtS-SQG, FINDS NEW HOPE 1000415244 PHOTO CONTROL CORP QUEBEC AVE N 55428 RCRIS-SQG, FINDS TC01102256.1r Page 53 GOVERNMENT RECORDS SEARCHED ! DATA CURRENCY TRACKING To maintain currency of the following federal and state databases. EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required. Elapsed ASTM days: Provides confirmation that this EDR report meets or exceeds the 90 -day updating requirement of the ASTM standard. FEDERAL ASTM STANDARD RECORDS NPL: National Priority List Source: EPA Telephone: NIA National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 10/21/03 Date Made Active at EDR: 12!08103 Database Release Frequency: Semi -Annually NPL Site Boundaries Sources: EPA's Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 Telephone 617-918-1143 EPA Region 3 Telephone 215-814-5418 EPA Region 4 Telephone 404-562-8033 Proposed NPL: Proposed National Priority List Sites Source: EPA Telephone: NIA Date of Government Version: 10/14/03 Date Made Active at EDR: 12/08/03 Database Release Frequency: Semi Annually Date of Data Arrival at EDR: 11/03/03 Elapsed ASTM days: 35 Date of Last EDR Contact: 11/03/03 EPA Region 6 Telephone: 214-655-6659 EPA Region 8 Telephone: 303-312-6774 Date of Data Arrival at EDR: 12101/03 Elapsed ASTM days: 7 Date of Last EDR Contact: 11/03/03 CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System Source: EPA Telephone: 703-413-0223 CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 09/11/03 Date Made Active at EDR; 10129103 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 09/24/03 Elapsed ASTM days: 35 Date of Lest EDR Contact: 09/24/03 CERCLIS-NFRAP: CERCLIS No Further Remedial Action Planned Source: EPA Telephone: 703-413-0223 As of February 1995, CERCLIS sites designated "No Further Remedial Action Planned" (NFRAP) have been removed from CERCLIS. NFRAP sites may be sites where, following an initial investigation, no contamination was found, contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require Federal Superfund action or NPL consideration. EPA has removed approximately 25,000 NFRAP sites to lift the unintended barriers to the redevelopment of these properties and has archived them as historical records so EPA does not needlessly repeat the investigations in the future. This policy change is part of the EPA's Brownfields Redevelopment Program to help cities, states, private investors and affected citizens to promote economic redevelopment of unproductive urban sites. TC01102256.1r Page GRA GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING Date of Government Version: 09/11/03 Date Made Active at EDR: 10/29/03 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 09/24/03 Elapsed ASTM days: 35 Date of Last EDR Contact: 09/24/03 CORRACTS: Corrective Action Report Source: EPA Telephone: 800424-9346 CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 09/17/03 Date Made Active at EDR: 11/11/03 Database Release Frequency: Semi -Annually Date of Data Arrival at EDR: 10/01/03 Elapsed ASTM days: 41 Date of Last EDR Contact: 09/08/03 RCRIS: Resource Conservation and Recovery Information System Source: EPA Telephone: 800-424-9346 Resource Conservation and Recovery Information System. RCRIS includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs): generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Small quantity generators (SQGs): generate between 100 kg and 1,000 kg of hazardous waste per month. Large quantity generators (LQGs): generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Transporters are individuals or entities that move hazardous waste from the generator off-site to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste. Date of Government Version: 09/10/03 Date of Data Arrival at EDR: 09/11/03 Date Made Active at EDR: 10/01/03 Elapsed ASTM days: 20 Database Release Frequency: Varies Date of Last EDR Contact: 11/18/03 ERNS: Emergency Response Notification System Source: National Response Center, United States Coast Guard Telephone: 202-260-2342 Emergency Response Notifrcation System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 12/31/02 Date of Data Arrival at EDR: 01127/03 Date Made Active at EDR: 02/03/03 Elapsed ASTM days: 7 Database Release Frequency: Annually Date of Last EDR Contact: 10127/03 FEDERAL ASTM SUPPLEMENTAL RECORDS BRS: Biennial Reporting System Source: EPA/NTIS Telephone: 800-424-9346 The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12101/01 Database Release Frequency: Biennially Date of Last EDR Contact: 10/01/03 Date of Next Scheduled EDR Contact: 12/15/03 CONSENT: Superfund (CERCLA) Consent Decrees Source: EPA Regional Offices Telephone: Varies Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version; N/A Database Release Frequency: Varies Date of Last EDR Contact: N/A Date of Next Scheduled EDR Contact: N/A TC01102256.1r Page GR -2 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING ROD: Records Of Decision Source: EPA Telephone: 703-416-0223 Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 07/09/03 Database Release Frequency: Annually Date of Last EDR Contact; 10/08/03 Date of Next Scheduled EDR Contact: 01105/04 DELISTED NPL: National Priority List Deletions Source: EPA Telephone: NIA The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 10121/03 Database Release Frequency: Quarterly Date of Last EDR Contact: 11/03/03 Date of Next Scheduled EDR Contact: 02102//34 FINDS: Facility Index System/Facility Identification Initiative Program Summary Report Source: EPA Telephone: NIA Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more detail. ED includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C -DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (Sthte Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 10/23/03 Database Release Frequency: Quarterly Date of Last EDR Contact: 10/07/03 Date of Next Scheduled EDR Contact: 01/05/04 HMIRS: Hazardous Materials Information Reporting System Source: U.S. Department of Transportation Telephone: 202-366-4555 Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Govemment Version: 48/11/03 Database Release Frequency; Annually Date of Last EDR Contact: 10/23/03 Date of Next Scheduled EDR Contact: 01/19/04 MILTS: Material Licensing Tracking System Source: Nuclear Regulatory Commission Telephone: 301-415-7169 MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 10/16/03 Database Release Frequency: Quarterly MINES: Mines Master Index File Source: Department of Labor, Mine Safety and Health Administration Telephone: 303-231-5959 Date of Govemment Version: 08/27/03 Database Release Frequency: Semi -Annually Date of Last EDR Contact: 10/07/03 Date of Next Scheduled EDR Contact: 01/05/04 Date of Last EDR Contact: 10101/03 Date of Next Scheduled EDR Contact: 12/29/03 NPL LIENS: Federal Superfund Liens Source: EPA Telephone: 202-564-4267 Federal Superfund Liens. Under the authority granted the USEPA by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, the USEPA has the authority to file liens against real property -in order to recover remedial action expenditures or when the property owner receives notification of potential liability. USEPA complies a listing of filed notices of Superfund Liens. TC01102256.1r Page GR -3 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Date of Government Version: 10/15/91 Database Release Frequency: No Update Planned Date of Last EDR Contact: 11/21/03 Date of Next Scheduled EDR Contact: 02/23104 PADS: PCB Activity Database System Source: EPA Telephone: 202-564-3887 PCS Activity Database. PADS Identifies generators, transporters, commercial storers arid/or brokers and disposers of PCB's who are required to notify the EPA of such activities. Date of Government Version: 06/30/03 Database Release Frequency: Annually Date of Last EDR Contact: 11/12/03 Date of Next Scheduled EDR Contact: 02/09/04 DOD: Department of Defense Sites Source: USGS Telephone: 703-648-5920 This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands. Date of Government Version: 10/01103 Date of Last EDR Contact: 11/12/03 Database Release Frequency: Semi -Annually Date of Next Scheduled EDR Contact: 02/09104 STORMWATER: Storm Water General Permits Source: Environmental Protection Agency Telephone: 202 564-0746 A listing of all facilities with Storm Water General Pen -nits. Date of Government Version: N/A Database Release Frequency: Quarterly Date of Last EDR Contact: NIA Date of Next Scheduled EDR Contact: N/A US BROWNFIELDS: A Listing of Brownfields Sites Source: Environmental Protection Agency Telephone: 202-566-2777 Included in the listing are brownfields properties addresses by Cooperative Agreement Recipients and brownfields properties addressed by Targeted Brownfields Assessments. Targeted Brownfields Assessments -EPA's Targeted Brownfields Assessments (TBA) program is designed to help states, tribes, and municipalities -especially those without EPA Brownfields Assessment Demonstration Pilots—minimize the uncertainties of contamination often associated with brownfields. Under the TBA program, EPA provides funding and/or technical assistance for environmental assessments at brownfields sites throughout the country. Targeted Brownfields Assessments supplement and work with other efforts under EPA's Brownfields Initiative to promote cleanup and redevelopment of brownfields. Cooperative Agreement recipients -States, political subdivisions, territories, and Indian tribes become BCRLF cooperative agreement recipients when they enter into BCRLF cooperative agreements with the U.S. EPA. EPA selects BCRLF cooperative agreement recipients based on a proposal and application process. BCRLF cooperative agreement recipients must use EPA funds provided through BCRLF cooperative agreement for specified brownfields-related cleanup activities. Date of Government Version: 07/15/03 Database Release Frequency: Semi -Annually Date of Last EDR Contact: 09/15/03 Date of Next Scheduled EDR Contact: 12115/03 RMP: Risk Managemetit'Plans ' ' . Source: Environmental Protection Agency Telephone: 202-564-8600 When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidanoe for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee training measures; and Emergency response program that spells out emergency health care, employee training measures and procedures for informing the public and response agencies (e.g the fire department) should an accident occur. TC01102256.1r Page GR -4 GOVERNMENT RECORDS SEARCHED !DATA CURRENCY TRACKING Date of Govemment Version: NIA Database Release Frequency: NIA Date of Last EDR Contact: NIA Date of Next Scheduled EOR Contact: NIA RAATS: RCRA Administrative Action Tracking System Source: EPA Telephone: 202-564-4104 RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and Includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/95 Database Release Frequency: No Update Planned Date- of Last EOR Contact: 09/08/03 Date of Next Scheduled EDR Contact: 12108/03 TRIS: Toxic Chemical Release Inventory System Source: EPA Telephone: 202-260-1531 Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313. Date of Government Version: 12131101 Database Release Frequency: Annually Date of Last EDR Contact 09/23/03 Date of Next Scheduled EDR Contact: 12/22/03 TSCA: Toxic Substances Control Act Source: EPA Telephone: 202-260-5521 Toxic Substances Control Act TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/98 Database Release Frequency: Every 4 Years Date of Last EDR Contact: 09/02/03 Date of Next Scheduled EDR Contact: 12108!03 FITS INSP. FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) Source: EPA Telephone: 202-564-2501 Date of Government Version: 10/16/03 Database Release Frequency: Quarterly Date of Last EDR Contact: 09/23/03 Date of Next Scheduled EDR Contact: 12/22/03 SSTS: Section 7 Tracking Systems Source: EPA Telephone: 202-564-5008 Section 7 of the Federal insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices' being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12131/01 Database Release Frequency: Annually Date of Last EDR Contact: 10/20/03 Date of Next Scheduled EDR Contact: 01/19104 FITS: FiFRAI TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) Source: EPA/Office of Prevention, Pesticides and Toxic Substances Telephone: 202-564-2501 MTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right to-Know.Act). To maintain currency, EDR contacts the Agency on a quarterly basis. TC01102258.1r Page GR -5 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Date of Government Version: 10/16/03 Database Release Frequency: Quarterly STATE OF MINNESOTA ASTM STANDARD RECORDS Date of Last EDR Contact: 09123/03 Date of Next Scheduled EDR Contact: 12122/03 SHWS: Superfund Permanent List of Priorities Source. Minnesota Pollution Control Agency Telephone: 651-296-6139 State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state. Date of Government Version: 06/30/03 Date Made Active at EDR: 08/22/03 Database Release Frequency: Annually VIC: Voluntary Investigation and Cleanup Program Source: Minnesota Pollution Control Agency Telephone: 651-296-7291 Voluntary Investigation and Cleanup (VIC) Program List. Date of Govemment Version: 10/06/03 Date Made Active at EDR: 12/05/03 Database Release Frequency: Quarterly Date of Data Arrival at EDR: 07/31/03 Elapsed ASTM days: 22 Date of Last EDR Contact 09/11/03 Date of Data Arrival at EDR: 10/08/03 Elapsed ASTM days: 58 Date of Last EDR Contact 10/07/03 SWFILF: Permitted Solid Waste Disposal Facilities Source: Minnesota Pollution Control Agency Telephone: 651-296-7276 Solid Waste Facilities/Landfill Sites. SWFILF type records typically contain an inventory of solid waste disposal facilfties or landfills in a particular state. Depending on the state, these may be active or inactive facilities or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal sites. Date of Government Version: 06/09/03 Date Made Active at EDR: 07103103. Database Release Frequency: Varies Date of Data Arrival at EDR: 06/10/03 Elapsed ASTM days: 23 Dale of Last EDR Contact: 09/11/03 LUST: Leak Sites Source: Minnesota Pollution Control Agency Telephone: 651-649-5451 Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. Date of Government Version: 11/17/03 Dale Made Active at EDR: 12/05/03 Database Release Frequency: Serpi-Annually Date of Data Arrival at EDR: 11118103 Elapsed ASTM days: 17 Date of Last EDR Contact: 10P20103 UST: Underground Storage Tank Database. Source: Minnesota Pollution Control Agency Telephone: 651-649-5451 Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) and must be registered with the stale department responsible for administering the UST program. Available information varies by state program. Date of Government Version: 09/11/03 Dale Made Active at EDR: 11/26/03 Database Release Frequency: Varies Date of Data Arrival at EDR: 11/03103 Elapsed ASTM days: 23 Date of Last EDR Contact: 11/03/03 TC01102256.1r Page GR -6 i GOVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING a INDIAN UST: Underground Storage Tanks on Indian Land Source: EPA Region 5 Telephone: 312-886-6136 Date of Government Version: 11/01102 Date Made Active at EDR: 01/10/03 Database Release Frequency: Varies STATE OF MINNESOTA ASTM SUPPLEMENTAL RECORDS AST: Aboveground Storage Tanks Source: Minnesota Pollution Control Agency Telephone: 651-296-0930 Registered Aboveground Storage Tanks. Date of Government Version: 09/11/03 Database Release Frequency: Semi -Annually. SPILLS: Spills Database Source: Minnesota Pollution Control Agency Telephone: 651-297-8617 Date of Government Version: 08/13/03 Database Release Frequency: Quarterly MN HWS PEP -MIT, Active TSD Facilities Source: Minnesota Pollution Control Agency Telephone: 651-297-8470 Active TSD Facilities. Date of Government Version: 09/30/03 Database Release Frequency: Annually Date of Data Arrival at EDR: 11/12/02 Elapsed ASTM days: 59 Date of Last EDR Contact: 11/24/03 Date of Last EDR Contact: 11/03/03 Date of Next Scheduled EDR Contact: 02102104 Date of Last EDR Contact: 11/17/03 Date of Next Scheduled EDR Contact: 02102/04 Dale of Last EDR Contact: 10/14/03 Date of Next Scheduled EDR Contact: 01/12104 MN Deleted SHWS: Permanent List of Priority Deletions Source: Minnessota Pollution Control Agency Telephone: 651-296-6139 The PIP rules specify that to delist a site, either all response actions required at a site have been completed, or that the site no longer poses a threat to public health or welfare or the environment. Date of Government Version: 06130/03 Database Release Frequency: Annually Date of Last EDR Contact: 09/11/03 Date of Next Scheduled EDR Contact: 12/08/03 LCP: Closed Landfills Priority List Source: Minnesota Pollution Control Agency Telephone: 651-296-9543 The Minnesota Legislature enacted a law to manage and clean up the state's closed Mixed Municipal Solid Waste Landfills. Under that taw, the MPCA is required to create and periodically revise a priority list of qualified landfills, based on the relative health and environmental risks they present. The MPCA established the first such priority list in December, 1994. Date of Government Version: 07/31/03 Database Release Frequency: Annually Date of Last EDR Contact: 09/25/03 Date of Next Scheduled EDR Contact: 12!22103 LS: List of Sites Source: Minnesota Pollution Control Agency Telephone: 651-297-2731 The List of Sites includes: Comprehensive Environmental Redponse, Compensation, and Liability Information System (CERCLIS), No Further Remedial Action Planned (NFRAP), National Priorities List (NPL), Permanent List of Priorities (PLP), sites delisted from the Permanent List of Priorities (DPLP), Hazardous Waste Permit Unit Project Facilities (HW PERM), List of Permitted Solid Waste Facilities (SW PERM), 1980 Metropolitan Area Waste Disposal Site Inventory (METRO), 1980 Statewide Outstate Dump Inventory (ODI), Voluntary and investigation Program (VIC), and Closed Landfill Sites Undergoing Cleanup (LCP). TC01102256.1r Page GR -7 GOVERNMENT RECORDS SEARCHED t DATA CURRENCY TRACKING Date of Government Version: 07/30/03 Database Release Frequency: Semi -Annually Date of Last EDR Contact: 10/24/03 Date of Next Scheduled EDR Contact: 01/19/04 ENFORCEMENT: Generators Associated with Enforcement Logs Source: Minnesota Pollution Control Agency Telephone: 651-297-8332 Regulatory Compliance, Hazardous Waste Enforcement Log and Hazardous Waste Permit Unit Project Identification List. Date of Government Version: 10/22/03 Database Release Frequency: Quarterly BULK: Bulk Facilities Database Source: Department of Agriculture Telephone: 651-297-3997 Facilities that use bulk pesticides and fertilizers Date of Government Version: 09/08/03 Database Release Frequency: Semi -Annually Date of Last EDR Contact: 10/27/03 Date of Next Scheduled EOR Contact: 01/12/04 Date of Last EDR Contact: 09/08/03 Date of Next Scheduled EDR Contact: 12/08/03 AG SPILLS: Department of Agriculture Spills Source: Department of Agriculture Telephone: 651-297-3997 This data is a list of pesticidelfertifizer incidents reported to have occurred in Minnesota. Date of Government Version: 10/23/03 Database Release Frequency: Semi -Annually EDR PROPRIETARY HISTORICAL DATABASES Date of Last EDR Contact. 09/08/03 Date of Next Scheduled EDR Contact: 12108/03 Former Manufactured Gas (Coal Gas) Sites: The existence and location of Coal Gas sites is provided exclusively to EDR by Real Property Scan, Inc. @Copyright 1993 Real Property Scan, Inc. For a technical description of the types of hazards which may be found at such sites, contact your EDR customer service representative. Disclaimer Provided by Real Property Scan, Inc. The information contained in this report has predominantly been obtained from publicly available sources produced by entities other than Real Property Scan. While reasonable steps have been taken to insure the accuracy of this report, Real Property Scan does not guarantee the accuracy of this report. Any liability on the part of Real Property Scan is strictly limited to a refund of the amount paid. No claim is made for the actual existence of toxins at any site. This report does not constitute a legal A opinion. BROWNFIELDS DATABASES VIC: Voluntary Investigation and Cleanup Program Source: Minnesota Pollution Control Agency Telephone: 651-296-7291 Voluntary Investigation and Cleanup (VIC) Program List. Date of Government Version: 01/07/03 Database Release Frequency: Quarterly 1NST CONTROL: Site Remediation Section Database Source: Pollution Control Agency Telephone: 512-296-6300 Sites that have an Institutional Control event. Date of Last EOR Contact: 10/07/03 Date of Next Scheduled EDR Contact: 01/05/04 TC01102256.1r Page GR -8 GOVERNMENT RECORDS SEARCHED 1 DATA CURRENCY TRACKING Date of Government Version: 10/06/03 Database Release Frequency: Quarterly US BROIMNFIELDS: A Listing of Brownfields Sites Source: Environmental Protection Agency Telephone: 202-566-2777 Date of Last EDR Contact: 10/07/03 Date of Next Scheduled EDR Contact: 01/05/04 included in the listing are brownfields properties addresses by Cooperative Agreement Recipients and brownfields properties addressed by Targeted Brownflelds Assessments. Targeted Brownfields Assessments -EPA's Targeted Brownfields Assessments (TBA) program is designed to help states, tribes, and municipalities—especially those without EPA Brownfields Assessment Demonstration Pilots—minimize the uncertainties of contamination often associated with brownfields. Under the TBA program, EPA provides funding and/or technical assistance for environmental assessments at brownfields sites throughout the country. Targeted Brownfields Assessments supplement and work with other efforts under EPA's Brownfields Initiative to promote cleanup and redevelopment of brownfields. Cooperative Agreement Recipients -Stales, political subdivisions, territories, and Indian tribes become BCRLF cooperative agreement recipients when they enter into BCRLF cooperative agreements with the U.S. EPA. EPA selects BCRLF cooperative agreement recipients based on a proposal and application process. BCRLF cooperative agreement recipients must use EPA funds provided through BCRLF cooperative agreement for'specified brownfields-related cleanup activities. Date of Government Version: N/A Database Release Frequency: Semi -Annually OTHER DATABASE(S) Date of Last EDR Contact: NIA Date of Next Scheduled EDR Contact: N/A Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific repot does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report. Oil/Gas Pipelines: This data was obtained by EDR from the USGS in 1994. It is referred to by USGS as GeoData Digital Line Graphs from 1:100,000 -Scale Maps. It was extracted from the transportation category including some oil, but primarily gas pipelines. Electric Power Transmission Line Data Source: PennWell Corporation Telephone: (800) 823-6277 This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell. Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facillties - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located. AHA Hospitals: . Souroe: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals. Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medlcaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. TC01102256.1r Page GR -9 GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics' primary database on private school locations in the United States. Daycare Centers: Child Care Centers Source: Department of Human Services Telephone: 651-296-3971 Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1999 from the Federal Emergency Management Agency (FEMA). Data depicts 100 -year and 500 -year flood zones as defined by FEMA. NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 from the U.S. Fish and Wildlife Service. STREET AND ADDRESS INFORMATION ® 2003 Geographic Data Technology, Inc., Rel. 0712002. This product contains proprietary and confidential property of Geographic Data Technology, Inc. Unauthorized use, including copying for other than testing and standard backup procedures, of this product is expressly prohibited. TC01102256.1 r Page GR -10 Appendix D Aerial Photographs I_® Approximate Site Location I f 4,0.v rt I Historical Phase I Environmental Site 1937 HIG Project Number, MADa2353 Information atherers, Inc, Assessment New Hope, Minnesota tW aie>nn is94 i ea Number, RLo3oro-imate Agg Scale 1:6000 _ y�I .,k Approximate ,,- Site Location 7 I _ NP I L r I� u- x. Historical Information Gatherers, Inc. Phase I Environmental Site 1940 coy Assessment HIG Project Number: MAa2353 � 4A New Hope, Minnesota aientPrcjwtNamber 6[.010is9+ V Appm3 mate Scale 1.-6000 (1 "-50D� S + wl r r r �. 1� r s Approximate low. ° S its Location '�1 Thr A rte, � N •'= � � �,,� _ � �.. e M t w ^ t P f� ! . r. y 1 c rM va Historical information Gatherers, Inc. Phase I Environmental Site 19.53 Assessment HIG Project Numbs- IvIAi7 2353 OM1' E New Hope, Minnesota Clie�tProjxtl4umbmc BL03.01$44 ` V z:3imate Scale 1:6000 (1°=500'} `� rwi Historical information Gatherers, Inc. Phase I Environmental Site Assessment New Hope, Minnesota 1957 HI Project Number. MAa2353 I Client Project Nurabm BL03.01894 1 Appmrimate Scale 1:5000 (1'-500') fir. flw. —•r Ji i • T _ '4 t . �' �Rj' . Approximate Site Location IJIM • •eR.''—�,� x_ q, • fit_ w_'j11 t • r _ MMR{IA R low. �# ,t - 4ph Historical information Gatherers, Inc. 4 � iy I i 1 �. •��F,' i Phase I Environmental Site 196911 Assessment HIO Project Number.' MAM353 W-44 New Hope, Minnesota Client Project Number BLA3.018914 Appro.:imate Scale 1:6000 JILL —i IP4 Ik -k m L M 4 ; Oil L 6 T Ir Approximate 'Site Location Historical information Gatherers, Inc. IPhase I Environmental Site Assessment New Hope,, Minnesota 0 1 Nt: 1979 I-U()Projea Number. MAD -i353 Client Project Number. BLQ341694 T App..irnt, &PIc 1.,6000 W-500 Rk 14 -j ! 66� kr IA bt r I —It J IP V, T'l —F Historical Information Gatherers, Inc. Ir Y 4 ra IPhase I Environmental Site Assessment New Hope, Minnesota 1w 1992 17DO Project Number MAD -2353 (dent Project Number. BL.03.01 Approximate Scale 1:6000 W-500'} A�proxlmate 11 Site Loicaton m a to � � rl 1 V, T'l —F Historical Information Gatherers, Inc. Ir Y 4 ra IPhase I Environmental Site Assessment New Hope, Minnesota 1w 1992 17DO Project Number MAD -2353 (dent Project Number. BL.03.01 Approximate Scale 1:6000 W-500'} A�proxlmate 11 Site Loicaton m a to Historical information Gatherers, Inc. Il • i {i{+ `i V I 11 Y Phase I Environmental Site Assessment New Hope, Minnesota 1997 HIO Project Number, MAD -2353 aiu t en; -t Numbw swa oias4 f'', Aper oximaie I# L.ocatiorl •�' r im C TP4 it14 yy� �p Historical information Gatherers, Inc. Il • i {i{+ `i V I 11 Y Phase I Environmental Site Assessment New Hope, Minnesota 1997 HIO Project Number, MAD -2353 aiu t en; -t Numbw swa oias4 f'', Aper oximaie I# L.ocatiorl •�' r im C yy� �p IR. rr Historical information Gatherers, Inc. Il • i {i{+ `i V I 11 Y Phase I Environmental Site Assessment New Hope, Minnesota 1997 HIO Project Number, MAD -2353 aiu t en; -t Numbw swa oias4 f'', Aper oximaie I# L.ocatiorl •�' r im Photograph # 1 BL -03-01894 Date: December 18, 2003 Direction: Facing northeast Subject: View of the Site along Winnetka Avenue Photograph # 2 BLr03-01894 Date: December 18, 2003 Direction: Facing north Subject: View of the lot previously occupied by gas station on the northwest corner of the Site Photograph # 3 BL -03-01894 Date: December 18, 2003 Direction: Facing northeast Subject: View of the lot previously occupied by a gas station on the northwest corner of the Site Photograph # 4 BL -03-01894 Date: December 18, 2003 Direction: Facing east Subject: View of the lot previously occupied by a gas station on the northwest corner of the Site Photograph # 5 BL -03-01894 Date: December 18, 2003 Direction: Facing south Subject: View of the two commercial properties located at 7801 and 7809 Bass Lake Road IFi Photograph # 6 BL -03-01894 Date: December 18, 2003 Direction: Facing east Subject: View of the Site Photograph # 7 BL -03-01894 Date: December 18, 2003 Direction: Facing east Subject: View of the Site Photograph # 8 BL -03-01894 Date: December 18, 2003 Direction: Facing west Subject: View of the Site along Bass Lake Road EDA REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 1-26-04 EDA Item No. By: Kirk McDonald B : 4 A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A CONTRACT FOR PRIVATE REDEVELOPMENT, BY AND BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND THE RYLAND GROUP, INC. IMPROVEMENT PROJECT NO. 7511 REQUESTED ACTION Staff recommends that the EDA approve the attached resolution, which approves the attached development agreement with Ryland Group, Inc. for the East Winnetka redevelopment site in the Livable Communities study area. Jim Casserly from Krass Monroe will be in attendance at the meeting to review the details with the EDA. The highlights of the agreement were previously reviewed at the January 20 Council work session. Once the development agreement is approved, the next step would be authorizing acquisition of the remaining properties so that they can be delivered to the developer, per the agreement. POLICY/PAST PRACTICE The EDA has previously entered into contracts for private redevelopment with developers to facilitate improvements in the city. This agreement will facilitate the construction of 171 to 179 new market rate townhomes and condominium units in the East Winnetka Livable Communities area and address life cycle housing goals outlined in the Comprehensive Plan. BACKGROUND The Council has been discussing the details of this development for over a year with Ryland homes and the attached development agreement finalizes all details on the contract portion of the development. The developer will initiate the planning process in February and present plans to the Planning Commission and City Council the first part of March. It is anticipated that there will be some changes to the plan as it proceeds through the planning review and public comment process. Construction of model homes will take place in April. The City Council selected Ryland Homes as the preferred developer for this site at the conclusion of the Livable Communities study, due in part to the quality of the construction of its homes. Please refer to previous information provided on this development, as it is not the intention to repeat all the information in this report. ATTACHMENTS • Resolution • Development Contract • Winnetka Green Preliminary Plan • Project Bulletin MOTION BY "a/L' SECOND BY >Z TO: j 64- od, I RFA Tannin Hv comm. -R land da a rvl NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2004-02 A RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A CONTRACT FOR PRIVATE REDEVELOPMENT, BY AND BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND THE RYLAND GROUP, INC. BE IT RESOLVED by the New Hope Economic Development Authority (the "EDA") as follows: Section 1. Recitals. 1.01 It has been proposed that the EDA enter into a Contract for Private Redevelopment (the "Contract") with The Ryland Group, Inc. (the "Redeveloper"). Section 2. Findings. 2.01 The EDA hereby finds that the Contract promotes the objectives as outlined in its Restated Redevelopment Plan for Redevelopment Project No. 1 established pursuant to Minnesota Statutes, Section 469.001 et seq. 2.02 The EDA hereby finds that it has approved and adopted Tax Increment Financing District No. 03-1 (Special Law) and the EDA has approved and adopted the Tax Increment Financing Plan relating thereto pursuant to Minnesota Statutes, Sections 469.174 through 469.1799, inclusive, as amended and supplemented from time to time. Section 3. Authorizations. 3.01 The President and the Executive Director (the "Officers") are hereby authorized to execute and deliver the Contract when the following condition is met: Substantial conformity to the Contract presented to the EDA as of this date with such additions and modifications as those Officers may deem desirable or necessary as evidenced by the execution thereof. Adopted by the EDA this 26th day of January , 2004. v W. Peter Enck , President ATTEST: �zc Daniel J. Donahue , Executive Director G:IWPUA'fA\NWEW HOPEUMOMEDA RE5OL AUTHG EXEC OF REDEV AGR.DOC alEel el "e p°pmrr. WINNETKA GREEN (179) PRELIMINARY PLANS NEW HOPE, MINNESOTA SHEET INDEX 1. PRELIMINARY COVER SHEET 2. PRELIMINARY UTILITY PLAN 3. PRELIMINARY GRADING PLAN L --l. LANDSCAPE PLAN J!ffn E.E. P[.u:Eq 51RIG EANrMYm— L, ILIDEL EDL, Ll 0 "t., M, -AP. E: i EPISIIIIG D`L.L IMILIIII pl?OPDwll 21 01IMP LxE t. L -E Pk.PC,ED SPG) —X" .......... . E-- I—L '01L . FLIE LDEI .O s:D/r.s-, P.EI.,:-u -LILLY CIXDSF.v.;EA SO, .11— �CLD WC -'M S--L' ", ST.'. MELD " D 1111WD 17E - I 1111D LC. "'C"Z' RIELD L"' � 10 YIELD 1AVT"""'D TALK I rimD tocamo - Z"' ED ""D FILLD Lactim4XIE-'W"L FIELC LOCITED W['" FIM LOCIM G1 "E' FIML DID EC—1 LWO LL00=M TREE -E/-IR-Z PREEN) .1.1 '"m "'L' Lo '. w4wa4 olLl- uIS, FIELD—AIM 1 MGRDU 0 r,EvS0I IIIJL 1:ELl 17ED r't D L.DA= .11E. .P IC LIff F�IE 1) LOCATED ELECW -E - - - - -- - - - - - "1 7 KLD to= "�U' GIS -NZ x I'liLt LU -2 ff� �-- FIELD —"" ELIEC= :0' KILD LOCATE. I � B01 1666666 FILLb Lb�nb K__ IBI rICLD LOCA"D ULE E .1 rIELD LGaMD 'ELEIm FLELP LOWED umuN ME m1. —D —1PmE _D ... IEE- (1-1-1-1E '='—a ."L ir'EL. L—�E. a - FIELD loOArto CLIAR LI. \\--..ADN I- BUlDIIIII PID F.YELWE I IOP Or L; t N I FILL) alEel el "e p°pmrr. WINNETKA GREEN (179) PRELIMINARY PLANS NEW HOPE, MINNESOTA SHEET INDEX 1. PRELIMINARY COVER SHEET 2. PRELIMINARY UTILITY PLAN 3. PRELIMINARY GRADING PLAN L --l. LANDSCAPE PLAN Pf'..'INTED JAN 15 '&H HONL ti Z RA COVER SHEET I D ER RYLAND HOMES I VWINNETKA GREEN (I MOD* !T 1 a 3 swmG �8 J!ffn Pf'..'INTED JAN 15 '&H HONL ti Z RA COVER SHEET I D ER RYLAND HOMES I VWINNETKA GREEN (I MOD* !T 1 a 3 swmG �8 A PROJECT NO. 00-13 Bulletin #8 PROJECT BULLETIN East Winnetka Redevelopment Area December 9, 2003 East Winnetka Update New Hope city staff and consultants have been continuing to work with representatives of Ryland Homes to refine the firm's proposal for redevelopment of the 16 -acre, "L" -shaped East Winnetka area. The area, which is located along the southeast quadrant of the Bass Lake Road and Winnetka Avenue intersection, was one of the focus areas of the Livable Communities Task Force study that concluded in November 2002. The most recent version of the Ryland proposal calls for 165 to 185 owner -occupied units including a mixture of its heritage condominiums and carriage townhomes products. Illustrations of these two housing units are featured below. The projected sale price of the new homes would range from about $155,000 to $275,000. The proposal features the less dense housing type next to the nearby existing single-family homes and an internal roadway system with limited access points to Bass Lake Road and Winnetka Avenue. r ,r Next Steps The city expects to complete a development agreement with Ryland in January. The city signed a preliminary term sheet in August with Ryland that established a proposed sale price for the property and spelled out which party would be responsible for the various components of the redevelopment project. A preliminary land survey of the site has been completed and storm water analysis should be completed by the end of the year. The final site plan, including the precise number of units, will be contingent on the ponding needs identified in the storm water analysis. If the project continues on schedule, Ryland has indicated that they would like to break ground in May 2004 and build out the development within approximately 18 to 24 months. The city is continuing to purchase properties on a voluntary basis; however, in order to acquire the remaining properties, other action may be taken in the near future, likely in early 2004. In October, the City Council visited a Ryland development in Circle Pines that contains the same type of products as the proposed development and was very impressed with the quality of the product. Residents are encouraged to visit the development as well (for more information, visit Ryland's website at www.ryland.com/home_search and do a "Quick Search" for Circle Pines). Neighborhood meetings will be held in the coming months as the project progresses. We invite all interested parties to attend the meetings to get information and ask questions of staff and consultants. Other Livable Communities Study Areas The proposed housing development at East Winnetka has generated interest from CVS, a major national drugstore company, on the commercial corner in the southwest quadrant of the intersection of Bass Lake Road and Winnetka, an area recommended by the Livable Communities Task Force. Bear Creek Capital, CVS's representative, with the city's cooperation, has completed appraisals for the four properties included in the proposed development area and is currently negotiating for the purchase of those properties. Bear Creek Capital has submitted a building elevation that depicts what the proposed store might look like and is working with city staff to develop a site plan that would successfully integrate with a possible second phase of development that could wrap around the corner to the west. The Frank's Nursery site at 5620 Winnetka Avenue is another area targeted by the task force. Frank's will be relocating to the former Lyndale Garden Center within the new few months. The preferred developer, Master Engineering, has an option to purchase the Frank's site and has begun working with city staff to refine plans for a 45 -unit owner -occupied town house development. A pre -development grant has been received from the Metropolitan Council and will be used to cover city staff and consultant costs. Livable Communities Background i In September 2001, the Livable Communities Task Force first met to learn about the grant and the goals of the study. The task force received 2 No 56th Avenue information about the Livable Communities Grant, what other cities have 4 done as the result of similar studies, the background of the project, and Baa Lake Road maps of the study area and the city. The study concluded in November 2002. cD 65th Avernfe a 8 3 9 The task force also obtained in-depth information regarding "smart growth" 53rd Avenue °c principles, visioning opportunities, demographic, housing, transportation, C:P. Railroad o crime statistics and explanations for the city tax structure, park information, and principles of land use planning. With this information, the task force created a number of concept plans for the four target areas - Hosterman, Bass Lake Road Apartments, East Winnetka, and Frank's Nursery and Wincrest Apartments - using a mix of single and multi -family housing, commercial business, and community gathering and green space, as well as rehabilitation of existing structures (see map). Related News In late June, the City Council extended the temporary prohibition of all major construction or development within the four redevelopment areas identified by the Livable Communities Task Force, including the East Winnetka area, until July 31, 2004. The building moratorium was initially adopted in August 2002. The Minnesota House and Senate passed special legislation during the 2003 session which made it possible for the city to establish a Tax Increment Financing (TIF) district for East Winnetka and the other Livable Communities redevelopment areas. Hennepin County approved the city's plans to establish a new TIF district in November and the City Council formally established the TIF district at its December 8, 2003 meeting. City Contacts If you have questions or comments about the project, please contact Amy Baldwin, community development intern, at 763-531-5196 or abaldwin@ci.new-hope.mn.us, or Kirk McDonald, community development director, at 763-531-5119 or kmcdonald@ci.new-hope.mn.us. The city appreciates the cooperation of all residents and businesses in the area that may be impacted by this redevelopment project. Additional bulletins will continue to be sent to you periodically as the project proceeds. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 www.oi. new -h ope.mm u s KRASS MONRO, P.A. A T T 0 A N E Y S A T L A W ■ Gay Greiter 4 e r n e� Email ggreller(g*wsmonroe. co www.krassmonroe.com Direct Dial (952) 885-4393 March 22, 2004 Kirk McDonald Community Development Director City of New Hope 4401 Xylon Av N New Hope, MN 55428-4843 Re: New Hope/East Winnetka (Ryland) Our File No. 10048-18 Dear Kirk: Enclosed please find a fully -executed copy of the Contract for Private Redevelopment dated March 19, 2004 between the New Hope Economic Development Authority and The Ryland Group, Inc. Very truly yours, KRASS MONROE, P.A. Gay iter Attor ey at Law cc: Chris Enger (w/two executed copies) Jim Dierking (w/one executed copy) GAWPDAMNINEW IE0PE1181C0RWCD0NALD GG 04.DOC 8000 Norman Center Drive, Suite 1000 Minneapolis. MN 55437-1178 Telephone 852.885.5898 Facsimile 852.885.5969 Website www.krassmonroe.com EXECUTION: MARCH 19, 2004 CONTRACT FOR PRIVATE REDEVELOPMENT By and Between NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY And THE RYLAND GROUP, INC. This document was drafted by Krass Monroe, P.A. 8000 Norman Center Drive Suite 1000 Minneapolis, MN 55437 Gay Greiter, Esq. GAWPDATAWWEW HOPEMMOC%GOVER.DOC TABLE OF CONTENTS ".1114 C40wi Section1.1. Definitions ...............................................................................................4 ARTICLE II Section 2.1. Representations by the Authority............................................................8 Section 2.2. Representations, Warranties and Covenants of the Redeveloper ............ 9 ARTICLE III Section 3.1. Acquisition of Private Property by the Authority..................................12 Section 3.2. Acquisition of the Private Property .......................................................12 Section 3.3. Conveyance of the Redevelopment Property........................................13 Section 3.4. Conditions Precedent to Conveyance....................................................16 Section 3.5. Letter of Credit......................................................................................17 Section 3.6. Documents at Closing...........................................................................18 ARTICLE IV Section 4.1. Construction of Minimum Improvements.............................................19 Section 4.2. Construction Plans................................................................................19 Section 4.3. Completion. of Construction..................................................................20 Section 4.4. Certificate of Completion......................................................................21 ARTICLE V Section 5.1. Insurance .......•.......................................................................................22 i /:1-1141� 140MV11 Section 6.1. Representation as to Redevelopment....................................................23 Section 6.2. Prohibition Against Transfer of Property and Assignment of Agreement............................................................23 Section 6.3. Release and Indemnification Covenants...............................................24 ARTICLE VII Section 7.1. Events of Default Defined.....................................................................26 Section. 7.2. Remedies on Default.............................................................................27 Section 8.3. Section 7.3. Revesting Title in Authority Upon Happening Signs; Sales Trailer; Storage of Equipment..........................................33 Section 8.5. of Event Subsequent to Conveyance to Redeveloper ..........................27 Section 8.6. Section 7.4. Payment for and Resale of Reacquired Property; Titles of Articles and Sections..............................................................34 Section 8.8. Disposition of Proceeds.......................................................................29 Section 8.9. Section 7.5. Authority Default..................................................................................29 Execution by the Redeveloper...............................................................35 Section 7.6. Remedies on Authority Default.............................................................29 Section 7.7. No Remedy Exclusive............................................................................30 Section 7.8. No Additional Waiver Implied by One Waiver....................................30 Section 7.9. Financing; Subordination......................................................................30 ARTICLE VIII Section 8.1. Conflict of Interest................................................................................33 Section 8.2. Authority Representatives Not Individually Liable..............................33 Section 8.3. Equal Employment Opportunity...........................................................33 Section 8.4. Signs; Sales Trailer; Storage of Equipment..........................................33 Section 8.5. Arbitration.............................................................................................33 Section 8.6. Provisions Not Merged With Deed.......................................................34 Section 8.7. Titles of Articles and Sections..............................................................34 Section 8.8. Statutory Cancellation...........................................................................34 Section 8.9. Notices and Demands............................................................................34 Section 8.10. Execution by the Redeveloper...............................................................35 Section 8.11. Counterparts..........................................................................................35 ii Section 9.1. Section 9.2. SIGNATURES SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E SCHEDULE F SCHEDULE G SCHEDULE H SCHEDULE I SCHEDULE J SCHEDULE K SCHEDULE L ARTICLE IX Termination...........................................................................................35 Effect of Termination............................................................................35 ...............................................................................................................36 Description of Redevelopment Property ............................................ A-1 Redevelopment Property Deed............................................................B-1 Environmental Reports........................................................................0-1 Certificate of Completion and Release of Forfeiture ......................... D-1 SitePlan..............................................................................................E-1 Public Improvements.......................................................................... F-1 Site Improvements............................................................................. G-1 Description of Minimum Improvements .............. Description of Products and Materials.................................................I-1 Phasing of Conveyance of Tracts of Redevelopment Property ............ J-1 PaymentSchedule.............................................................................. K-1 Development Cost and Responsibility Allocation..............................L-1 GAWPDATAWNEW HOPE1181DOC1TOC.DOC iii CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the 19th day of March, 2004, by and between the New Hope Economic Development Authority (the "Authority"), a public body corporate and politic (the "Authority"), having its principal offices at 4401 Xylon Avenue North, New Hope, Minnesota 55428, and The Ryland Group, Inc., a Maryland corporation (the "Redeveloper"), having offices at 7600 Executive Drive, Eden Prairie, Minnesota 55344. WITNESSETH: WHEREAS, the Authority is a political subdivision of the State of Minnesota and is governed by a Board of Commissioners (the "Board"); WHEREAS, in furtherance of the Authority's objectives, there has been established a Restated Redevelopment Plan (the "Project Plan") for Redevelopment Project No. 1 (the "Project Area") in the City of New Hope, Minnesota (the "City") to encourage and provide maximum opportunity for private development and redevelopment of certain property in the City which is not now in its highest and best use; WHEREAS, as of the date of this Agreement the Project Plan has been prepared and approved, and the Project Area has been established pursuant to Minnesota Statutes, Sections 469.001 through 469.047 and 469.090 through 469.108; WHEREAS, in connection with the Project Area the City Council of the City has created Tax Increment Financing District No. 03-1 (Special Law) (the "Tax Increment District") pursuant to Minnesota Statutes Section 469.174 et seq. (the "Tax Increment Act"); WHEREAS, in connection with the establishment of the Tax Increment District the Council has prepared and approved a tax increment financing plan and has forwarded it to the County of Hennepin for certification of the original net tax capacity; WHEREAS, the Authority currently owns several parcels of land within the Tax Increment District and wishes to acquire the remaining parcels in the Tax Increment District (the "Private Property") in order to convey all of the parcels to the Redeveloper for redevelopment; WHEREAS, in order to achieve the objectives of the Project Plan, the Authority is willing, if necessary, to acquire such additional parcels utilizing its power of eminent domain and would, if all of such parcels were acquired, then convey them to the Redeveloper subject to the Redeveloper proceeding with construction in accordance with this Agreement and the Project Plan; WHEREAS, the major objectives in establishing the Project Area are to: 1. Promote and secure the prompt development or redevelopment of certain property in the Project Area, which property is not now in productive use or in its highest and best use, in a manner consistent with the City's comprehensive plan and with a minimum adverse impact on the environment and thereby promote and secure the development of other land in the City. 2. Promote and secure additional employment opportunities within the Project Area and the City for residents of the City and surrounding area, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. 3. Secure the increased valuation of property subject to taxation by the City, County, School District and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs required to be provided by them. 4. Provide for the financing and construction of public improvements in and adjacent to the Project Area necessary for the orderly and beneficial development or redevelopment of the Project Area and adjacent areas of the City. S. Promote the concentration ofnew desirable residential, commercial, office and other appropriate development or redevelopment in the Project Area so as to maintain the area in a manner compatible with its accessibility and prominence in the City. 6. Encourage local business expansion, improvement, development or redevelopment whenever possible. 7. Create a desirable and unique character within the Project Area through quality land use alternatives and design quality in new and remodeled buildings. S. Encourage and provide maximum opportunity for private development or redevelopment of existing areas and structures which are compatible with the Plan. 9. Create viable environments which would upgrade and maintain housing stock, maintain housing health and safety quality standards, and maintain and strengthen individual neighborhoods. 10. Stimulate private activity and investment to stabilize and balance the City's housing supply. 11. Eliminate code violations and nuisance conditions that adversely affect neighborhoods. 12. Revitalize property to create a safe, attractive, comfortable, convenient and efficient area for residential use. 13. Recreate and reinforce a sense of residential place and security which creates neighborhood cohesiveness through City investment in neighborhood infrastructure and public improvements, including landscaping, park improvements, local street modifications to reduce traffic impacts, street repaving, curb and gutter replacement, and streetlight updating. 2 14. Encourage infill development and redevelopment that is compatible in use and scale with surrounding neighborhoods. 15. Rehabilitate the existing housing stock and preserve existing residential neighborhoods wherever possible. 16. Demolish and reconstruct, where necessary, aging residential buildings to preserve neighborhoods. 17. Removal of substandard structures. WHEREAS, under the Tax Increment Act, the Authority is authorized to finance certain costs of a redevelopment project with tax increment revenues derived from a tax increment financing district established within such redevelopment project; WHEREAS, in order to achieve the objectives of the Authority and City in creating the Project Area and in adopting the Project Plan, the Authority is prepared to provide assistance in accordance with this Agreement; and WHEREAS, the Authority believes that the development and redevelopment of the Project Area pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the Authority and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the development and redevelopment are being undertaken and assisted; NOW, THEREFORE, in consideration of the premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: 3 ARTICLE I Definitions Section 1.1.. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Section 469.001 et seq. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the New Hope Economic Development Authority. `.`Authority Default" means an action by the Authority described in Section 7.5. "Building" means one of the structures containing one or more individual residential units as described in the Minimum Improvements and shown on the Site Plan. "Certificate of Completion" means a certification, in the form of the certificate attached as Schedule D hereto, provided to the Redeveloper pursuant to Section 4.4. "City" means the City of New Hope, Minnesota, or its successors or assigns. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building official of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (all sides); (5) fagade and landscape plan; (6) cross sections (length and width) and (6) such other plans or supplements to the foregoing plans as the City may reasonably request. "County" means the County of Hennepin, Minnesota. "Date of Closing" means the date or dates set forth in Section 3.3(b). "Environmental Reports" means the reports and other documents listed in Schedule C hereto. "Event of Default" means an action by the Redeveloper described in Section 7.1. "Feasibility Period" means the period beginning on the effective date of this Agreement and ending on 12:00 noon on March 22, 2004, or such earlier date upon which the Redeveloper notifies the Authority that it will proceed with the acquisition of the Redevelopment Property pursuant to Article III. 4 "Letter of Credit" means the irrevocable letter of credit to be provided by the Redeveloper to the Authority pursuant to Section 3.5 to secure the Redeveloper's payment obligations under this Agreement with respect to the Purchase Price. "Minimum Improvements" means the improvements described in Schedule H to be constructed by the Redeveloper on the Redevelopment Property, which improvements consist of approximately 175 residential units consisting of Heritage Condominiums and Carriage Townhomes as shown on the Site Plan. "Minnesota Critical Areas Act" means Minnesota Statutes, Section 116G.01 et seq., as amended. "Minnesota Environmental Policy Act" means Minnesota Statutes, Sections 116D.01 etseq., as amended. "Minnesota Environmental Rights Act" means Minnesota Statutes, Sections 116B.01 et seq., as amended. "MPCA" means the Minnesota Pollution Control Agency. "National Environmental Policy Act" means 42 U.S.C. Section 4331 et seq., as amended. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the Authority under a, policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) and deductible amounts incurred in the collection of such proceeds. "Party" means a party to the Agreement. "Payment Schedule" means the schedule for payment of the Purchase Price attached as Schedule K. "Phase" means a portion of the Project which is of sufficient size, contiguity and location as to be feasible for construction of a portion of the Minimur n Improvements. Tract I and Tract II together shall be considered the first Phase of the Project; Tract III is the second Phase of the Project. "Plan" means, collectively, (i) the Restated Redevelopment Plan adopted by the Authority and approved by the City for Redevelopment Project No. 1, and (ii) the Tax Increment Plan. "Private Property" means the parcels in the Redevelopment Property which are not currently owned by the Authority as described on an exhibit to Schedule A. "Project" means the Redevelopment Property and Public Improvements, the Site Improvements and the Minimum Improvements. "Project Area" means Redevelopment Project No. 1, as amended, established in accordance with the Act. "Project Plan" means the Restated Redevelopment Plan for the Project Area. "Public Improvements" means the public improvements to be completed by the Authority on or adjacent to the Redevelopment Property as shown on Schedule F. "Purchase Price" means the sum of $19,550 per residential unit to be constructed by the Redeveloper on the Redevelopment Property, subject to reduction for units completed by December 31, 2008 as set forth in Section 3.3(c). The Purchase Price shall be paid by the Redeveloper to the Authority in accordance with the Payment Schedule. "Redeveloper" means The Ryland Group, Inc., a Maryland corporation, and its permitted successors or assigns. "Redevelopment Property" means the real property upon which the Minimum Improvements are to be constructed, which real property is described on Schedule A. "Redevelopment Property Deed" means a quitclaim deed or deeds, substantially in the form of the deed attached as Schedule B, used to convey marketable title to the Redevelopment Property from the Authority to the Redeveloper. "Site Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property as shown on Schedule G. "Site Plan" means the plan attached hereto as Schedule E showing the proposed nature and location of the Minimum Improvements. "State" means the State of Minnesota. "Tax Increment" means that portion of the real estate taxes paid with respect to the Redevelopment Property which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. "Fax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes, Section 469.174 et seq., as amended and as it may be amended. "Fax Increment District" means Tax Increment Financing District No. 03-1 (Special Law), which includes the Redevelopment Property and which was approved and adopted by the Authority and the City within Redevelopment Project No. 1 pursuant to the Tax Increment Act. "Fax Official" means any City or county assessor, County auditor, City, County or State board of equalization, the commissioner of revenue of the State, any State or federal district court, P and the tax or any other court of the State, including the State Court of Appeals and the State Supreme Court. "Termination Date" means the termination date of this Agreement which shall be the earliest of (i) the issuance of a Certificate of Completion for the last building of the Minimum Improvements, or (ii) the date on which this Agreement is terminated in accordance with the provisions contained in Articles VII and IX. "Tract" means a portion of the Redevelopment Property to be conveyed by the Authority to the Redeveloper as described on Schedule J. "Unavoidable Delays" means delays which are the direct result of strikes or shortages of material; delays which are the direct result of casualties to the Minimum Improvements, the Redevelopment Property or the equipment used to construct the Minimum Improvements or; delays which are the direct result of governmental actions (except that the Authority may not create an Unavoidable Delay by virtue of its own action); delays which are the direct result of judicial action commenced by third parties; delays which are the direct result of citizen opposition or action affecting this Agreement, adverse weather conditions or acts of God. 7 ARTICLE II Representations, Warranties and Covenants Section 2.1. Rgaesentations by the Authori1y. The Authority makes the following representations, warranties and covenants as the basis for the undertaking on its part herein contained: (a) The Authority is a public body duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority has created, adopted and approved the Project Plan in accordance with the terms of the Act. (c) The Authority has properly adopted and approved, in accordance with State law, the Tax Increment District pursuant to the Tax Increment Act and the City, based on these activities of the Authority, has established the Tax Increment District pursuant to the Act. (d) Subject to Unavoidable Delays and the conditions outlined in Article III, the Authority will acquire the Private Property (including through eminent domain proceedings) and convey marketable title to the Redevelopment Property to the Redeveloper on or before the dates set forth in Section 3.3(b) as to each of the Tracts for uses in accordance with the Project Plan and this Agreement. Any eminent domain activities undertaken wilt be conducted in full conformance with applicable law. (e) The Authority will cooperate with the Redeveloper with respect to any litigation commenced by third parties in connection with this Agreement. (f) The Authority makes no representation, guarantee, or warranty, either express or implied, and hereby assumes no responsibility or liability, as to the Redevelopment Property or its condition (regarding soils, pollutants, hazardous wastes or otherwise) except as stated below or as described in subparagraph (g) below. The Authority will deliver the Redevelopment Property to the Redeveloper in the following condition: (i) The Authority shall have performed the Public Improvements so that the Redevelopment Property is suitable for the construction of the Site Improvements and the Minimum Improvements (except for those Public Improvements to be constructed later as indicated on Schedule F); (ii) The Redevelopment Property shall have direct access to both Bass Lake Road and Winnetka Avenue; and 8 (iii) The Redevelopment Property shall have direct access to public utilities in sufficient quantity to service the Project. (g) The Authority has delivered copies of the Environmental Reports to the Redeveloper. The Authority has no knowledge as to the presence of hazardous substances (as the same are described in the regulations promulgated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, and/or in the environmental laws of the State of Minnesota, and specifically including petroleum and related hydrocarbons and their by-products, asbestos, and polychlorinated biphenyls) in, on or under the Redevelopment property, except as expressly set forth in the Environmental Reports. (h) As ofthe date of execution of this Agreement, the Authority has received no notice or communication from any local, state or federal official that the anticipated activities of the Authority with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Also as of the date of execution of this Agreement, the Authority is aware of no facts, the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. (i) The Authority shall promptly share with the Redeveloper any information which comes to the attention ofthe Authority after the final execution of this Agreement and which relates to hazardous substances on the Redevelopment Property, and will promptly provide copies to the Redeveioper of any reports, correspondence and other documentation relating to the same. 0) The City shall not increase its portion of fees and expenses for the approval and construction of the Project, including the Minimum Improvements, through October 31, 2005, which date shall be extended for any delay in completion of the Minimum Improvements which results from Unavoidable Delays. (k) The Authority agrees that it will cooperate with the Redeveloper and shall indemnify the Redeveloper against all costs, including the costs of defense incurred by the Redeveloper, through an attorney reasonably acceptable to the Authority and the Redeveloper, with respect to any litigation commenced by third parties in connection with an Authority Default. Section 2.2. Representations, Warranties and Covenants of the Redeveloper. The Redeveloper represents, warrants and covenants that: (a) Subject to Unavoidable Delays, the Redeveloper will purchase the Redevelopment Property from the Authority pursuant to Article III hereof and, in the event all ofthe Redevelopment Property is conveyed to the Redeveloper, the Redeveloper will construct all of the Minimum Improvements in accordance with the terms of this Agreement, the Project Plan and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). 6 (b) The Redeveloper will cooperate with the Authority to rezone the Redevelopment Property. The Redevelopment Property is currently zoned "R-1, Single Family Residential" in part and "CB, Community Business" in part. (c) The RedeveIoper shall submit for City approval a planned unit development (the "PUD") for the Redevelopment Property. (d) At such time or times as will be required by law, the Redeveloper will have complied with all local, state and federal environmental laws and regulations relating to the construction ofthe Minimum Improvements, and will have obtained any and all environmental reviews, licenses or clearances under (and will be in compliance with the requirements of) the National Environmental Policy Act, the Minnesota Environmental Policy Act, and Minnesota Critical Areas Act of 1973 necessary for the construction of the Minimum Improvements. Nothing herein shall limit, modify or transfer to the Redeveloper any of the Authority's obligations under this Agreement relating to environmental matters. (e) As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the anticipated activities of the Redeveloper with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Also as of the date of execution of this Agreement, the Redeveloper is aware of no facts, the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. (f) The Redeveloper will obtain all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (g) The Redeveloper is a corporation organized under the laws of the State of Maryland, is authorized to transact business in the State, has duly authorized the execution of this Agreement and the performance of its obligations hereunder (subject to Section 8.10 hereof), and none of the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, not the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with, or results in a breach of, the terms of any indebtedness, agreement or instrument of whatever nature to which the Redeveloper is a party or by which it is bound, or constitutes a default under any of the foregoing. (h) The Redeveloper agrees that it will cooperate with the Authority with respect to any litigation commenced by third parties in connection with this Agreement, which cooperation shall, as to any eminent domain proceedings relating hereto, be at no cost or expense to the Redeveloper. (i) Redeveloper agrees that it will cooperate with the Authority and shall indemnify the Authority against all costs, including the costs of defense incurred by the Authority, through an 10 attorney reasonably acceptable to the Authority and Redeveloper, with respect to any litigation commenced by third parties in connection with an Event of Default. (j) The financing arrangements which the Redeveloper has obtained or will obtain to finance construction of the Minimum Improvements will be sufficient to enable the Redeveloper to successfully complete the Minimum Improvements as contemplated in this Agreement. (k) The construction of the Minimum improvements, in the opinion of the Redeveloper, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the assistance provided by the Authority pursuant to this Agreement. 0) The Redeveloper shall construct the Minimum Improvements using the products and materials described in Schedule I attached. (m) The Redeveloper shall pay the normal and customary City fees and expenses for the approval and construction of the Project including, but not limited to, bonding requirements, building permit fees, state surcharges, sewer accessibility charges (SAC), water accessibility charges (WAC) and park dedication fees. (n) The Redeveloper will use commercially reasonable efforts to preserve the large trees on the Redevelopment Property indicated on the tree survey furnished by the Authority; provided, however, that the Redeveloper makes no warranty as to the survival of any trees following completion of its activities on the applicable portions of the Redevelopment Property. (o) Once acquired by the Redeveloper, the Redevelopment Property shall not become exempt from the levy of ad valorem property taxes, or any statutorily authorized alternative, and any improvements of any kind constructed on the Redevelopment Property shall similarly not become exempt until after the dissolution or other tennination of the Tax Increment District or December 31, 2031 (whichever is later). Notwithstanding the foregoing language, this restriction shall end upon any termination of this Agreement due to a default by the Authority that is not timely cured as allowed under this Agreement. (p) The Redeveloper agrees, notwithstanding the provisions of Article VI, that it will not assign, convey or lease any interest in the Redevelopment Property or any portion thereof, or this Agreement or any portion thereof, to any tax-exempt entity under the U. S. Internal Revenue Code of 1986, as the same may be amended from time to time, without the prior written approval of the Authority (whose approval shall be conditioned upon the Redeveloper obtaining an agreement upon terms reasonably satisfactory to the Authority from its assignee or lessee to make payments in lieu of tax). 11 ARTICLE III Conveyance of the Redevelopment Property; Undertakings of Authority and Redeveloper Section 3.1. Agguisition of Private Prol2erty by the Authori1y. Subject to Unavoidable Delays, the Authority intends to acquire the Private Property in each Tract of the Redevelopment Property so as to be able to complete the Public Improvements thereon and convey the Redevelopment Property according to the timetable set forth in Section 3.3(b). If necessary the Authority shall exercise its powers of eminent domain pursuant to Minnesota Statutes, Section 117.011 et seq., all as provided and subject to the terms and conditions in this Agreement. The Parties agree that the Authority shall not commence acquisition proceedings pursuant to this Agreement unless and until the applicable conditions precedent thereto provided in Section 3.2 shall have been satisfied. Section 3.2. Acquisition of the Private Property. (a) If the Authority is unable to acquire the Private Property through voluntary acquisition by January 26, 2004, then the Authority, subject to the provisions of this Article III, agrees to acquire the Private Property through the exercise of eminent domain (including the use of quick take) and to thereafter convey the Redevelopment Property to the Redeveloper, provided that: (i) the Authority is able to make the necessary condemnation findings as required by Minnesota Statutes Section 117.011 et seq., (ii) the Redeveloper is in material compliance with all of the terms and provisions of this Agreement, and (iii) the Redeveloper shall have provided evidence satisfactory to the Authority that the Redeveloper is capable of financing the construction of the Minimum Improvements (which evidence has, as of the date hereof, been provided and is satisfactory to the Authority). (b) The Redeveloper acknowledges that acquisition of the Private Property, whether by voluntary acquisition or through exercise of eminent domain powers by the Authority, must include compliance with applicable relocation requirements under federal and/or State law and that the Authority shall negotiate and make any necessary relocation payments in connection with its acquisition of the Private Property. The Redeveloper further acknowledges that compliance with these requirements may delay the Authority's acquisition of the Private Property. The Authority agrees to diligently seek to complete all such requirements as soon as practicable. (c) The Redeveloper additionally acknowledges that, because of the many variables inherent in any litigation or legal proceeding, the Authority does not represent or warrant in anyway the successful conclusion of any eminent domain action (by a quick take action or otherwise) or the accomplishment of any particular result or timetable in connection with any such action. 12 (d) Provided the conditions precedent set forth in Section 3.2(a) are met, the Authority shall institute proceedings through its legal counsel and shall have the sole discretion to structure the proceedings as it sees fit. (e) If the Authority undertakes proceedings to acquire title to the Private Property in a Phase and there is a district court determination that the Authority cannot proceed with the Phase, then this Agreement shall terminate as it relates to that Phase, subject to the provisions ofArticle IX. Section 3.3. Conveyance of the Redevelopment Propert . (a) Title. If the Authority is successful in acquiring fee title to the Private Property then, subject to the terms below, the Authority shall convey marketable title to and possession of each Tract of the Redevelopment Property to the Redeveloper under a quitclaim deed in the form of the Redevelopment Property Deed contained in Schedule B. The conveyance of title to the Redevelopment Property pursuant to the Redevelopment Property Deed shall be subject to all ofthe conditions, covenants, restrictions and Iimitations imposed by this Agreement and the Redevelopment Property Deed. At its expense the Redeveloper shall obtain any title insurance it deems necessary. At its expense, the Authority agrees for each Tract to obtain and shall deliver to .the Redeveloper a commitment for an owner's title insurance policy (ALTA Form B-1970) issued by a title insurance company acceptable to the Authority and Redeveloper, naming Redeveloper as the proposed owner -insured of the Redevelopment Property in the amount of the Purchase Price (the "Commitment"). The Commitment shall have a current date as its effective date and shall commit to insure marketable title in the Redeveloper, free and clear of all mechanics' lien claims, questions of survey, unrecorded interests, rights of parties in possession and other exceptions. The Commitment shall set forth all levied real estate taxes and special assessments. The Commitment shall have attached copies of all instruments of record which create any easements or restrictions which are referred to in Schedule B of the Commitment. The Redeveloper will be allowed 20 days after receipt of the Commitment to make an examination thereof and to make any objections to the marketability of the title to Redevelopment Property, objections to be made by written notice to the Authority or to be deemed waived. The Authority shall remove all such objections, so as to deliver marketable title to the Redeveloper as required hereunder. If the title to the Redevelopment Property (or the applicable Tract thereof), as evidenced by the Commitment and the applicable survey referred to in subparagraph (e) below, as provided by the Authority at its expense, together with any appropriate endorsements, is not marketable of record and is not made so by the Date of Closing, the Redeveloper may either: (i) Terminate this Agreement (entirely, or just as to the applicable Tract) by giving written notice to the Authority, in which event this Agreement shall become null and void (entirely, or just as to the applicable Tract) and neither Party shall have any further rights or obligations hereunder; or 13 (ii) Elect to accept the title in its unmarketable or existing condition by giving written notice to the Authority, in which event the Redeveloper shall (A) hold back adequate funds from the amount of the payment due to the Authority on such Closing Date pursuant to the Payment Schedule to cure the defects, (B) apply such holdback funds to the cost of curing such defects, including attorneys' fees, and (C) pay the unexpended balance, if any, to the Authority. If the cost to cure the defects exceeds the amount of the payment due to the Authority on such Closing Date pursuant to the Payment Schedule, the excess shall be credited against future scheduled payments by the Redeveloper. If the amount of such holdback/credit cannot be mutually agreed to by the Authority and the Redeveloper, the issuer of the Commitment shall determine the amount. The Authority will fully cooperate with the Redeveloper in attempting to cure any and all such defects. (b) Time of Conveyance. Subject to Section 3.1, the Authority shall execute and deliver to the Redeveloper a Redevelopment Property Deed for each Tract ofthe Redevelopment Property as follows: (i) Tract I: on or before April 15, 2004; (ii) Tract II: on or before July 1, 2004 (the Authority will use its best efforts to convey Tract II on or before June 1, 2004); and (iii) Tract III: on or before September 1, 2004. Tract III shall consist of all ofthe Redevelopment Property not already conveyed in Tract I or Tract II. A Closing may take place on such later date as the Authority and the Redeveloper shall mutually agree in writing. The Redeveloper shall take possession of each Tract of the Redevelopment Property on the Date of Closing applicable to such Tract. At the Closing for Tract I, the Authority shall include the conveyance of any and all parcels from Tract II that are contiguous to Tract I and as to which the Authority has acquired title and completed the Public Improvements required to be constructed prior to conveyance. At the Closing for Tract H, the Authority shall include the conveyance of any and all parcels from Tract III that are contiguous to Tract I or II and as to which the Authority has acquired title and completed the Public Improvements required to be constructed prior to conveyance. (c) Price and Payment. Atter the Authonty has acquired the Private Property as provided for in Section 3.1, the Authority agrees to sell and the Redeveloper agrees to purchase the Redevelopment Property for the price and payment described in this Section 3.3. Unless otherwise mutually agreed by the Authority and the Redeveloper, the execution and delivery of all deeds and the payment of the Purchase Price shall be made at the principal offices of the Authority. The Purchase Price to be paid by the Redeveloper for the Redevelopment Property shall be the product of $19,550 times the number of residential units constructed, which amount shall be paid as and when set forth in the Payment Schedule. The Purchase Price shall be reduced with respect to units completed by December 31, 2008 as set forth in the Payment Schedule. 14 (d) Redevelo ent Progggy Deed. Each Redevelopment Property Deed shall be in recordable form and shall be promptly recorded. (e) Survey. The Authority shall pay for and provide the following ALTA boundary surveys, each of which shall comply with the "Minimum Standard Detail Requirements and Classifications for ALTA/ACSM Land Title Surveys" (1999), except that no buildings, driveways or other improvements currently on the Redevelopment Property need be shown: (i) Tract I (survey to be delivered to the Redeveloper on or before April 15, 2004, the Closing for Tract I) and (ii) All of the Redevelopment Property (survey to be delivered to the Redeveloper on or before the Closing for Tract II). (f) Feasibility Study_. The Redeveloper shall have the right during the Feasibility Period to investigate title and to make such investigations, studies and tests with respect to the Redevelopment Property as the Redeveloper deems necessary or appropriate to determine the feasibility ofpurchasing the Redevelopment Property. The Redeveloper shall give written notice to the Authority on or before 12:00 noon on March 22, 2004 of its decision to proceed with the acquisition of the Redevelopment Property on the terms hereof or terminate this Agreement. If the Redeveloper elects to terminate the Agreement, thereafter neither Party shall have any further obligation or liability to the other with respect to the transactions contemplated by this Agreement except for the Redeveloper's indemnification of the Authority pursuant to the last sentence of this paragraph, which shall survive termination of this Agreement. Under no circumstances shall any examination of the Redevelopment Property be deemed to constitute a waiver or relinquishment on the Redeveloper's part of its rights to rely on the covenants, representations, warranties and agreements made by the Authority herein. The Redeveloper shall hold the Authority harmless from any liability resulting from the entering upon the Redevelopment Property or the performing of any of the tests or inspections referred to in this paragraph by the Redeveloper, its agents or designees. (g) Taxes and Special Assessments. Real estate taxes due and payable prior to the year of a Closing for a Tract shall be paid by the Authority. Real estate taxes due and payable in the year of such Closing shall be prorated between the Parties to the applicable Date of Closing. Real estate taxes due and payable in the years subsequent to such Closing shall be paid by the Redeveloper. The Authority will pay all special assessments pending or levied as of the date of Closing. (h) Plat: Covenants; Easements. All Tracts may be conveyed by current legal descriptions of the parcels comprising that Tract. The Redeveloper at its expense shall prepare and submit a plat for each Phase within 180 days of conveyance, and will file each such plat within 100 days after approval thereof by the City and any other governmental entities whose approval may be necessary. The Redeveloper shall pay for all required modifications to the plat(s). The Redeveloper shall pay all costs for plats, replats, lot splits, preparation of restrictive covenants, easements, reciprocal easement agreements and any other documentation necessary for the acquisition, construction, leasing and sale of the Minimum Improvements and all costs of recording any such documents. 15 Section 3,4. Conditions Precedent to Conveyance. (a) The obligations of the Authority to convey each Tract ofthe Redevelopment Property to the Redeveloper shall be subject to the following conditions precedent (in addition to those conditions specified in Section 3.2): (i) The Authority shall have acquired title to and possession of the Private Property in such Tract. (ii) The Redeveloper shall be in material compliance with all of the terms and provisions of this Agreement, following any applicable grace, notice and/or cure period. (iii) The Redeveloper shall have received the appropriate permits for the construction of the Minimum Improvements; (iv) There shall have been no material adverse change in the Redeveloper's financial commitment and ability to finance construction of the Minimum Improvements, such that the Redeveloper lacks the financial commitment and ability necessary to construct the Minimum Improvements. (v) The Redeveloper shall not be in default in respect of its obligations to pay the Purchase Price hereunder, following any applicable grace, notice and/or cure period. (vi) The City shall have approved the PUD described in Section 2.2(c). (vii) The Redeveloper shall have provided the Letter of Credit. (viii) Each ofthe Redeveloper's representations and warranties set forth in Section 2.2 shall be true as of the applicable Date of Closing and the Redeveloper shall so certify in writing at each Closing. (b) The obligations of the Redeveloper to purchase each Tract of the Redevelopment Property shall be subject to the following conditions precedent: (i) The Redeveloper's Land Committee shall have approved this Agreement prior to the expiration ofthe Feasibility Period. The Redeveloper shall inform the City in writing as to whether this Agreement was approved by its Land Committee following such Land Committee's approval (or disapproval) of this Agreement. (ii) The Authority shall have completed the Public Improvements with respect to such Tract which are required to be constructed prior to conveyance and complied with the other requirements set forth in Section 2.1(f). (iii) The Construction Plans shall have been approved by the City. 16 (iv) The City shall have approved a preliminary plat as provided for in Section 3.3(h). (v) There shall exist no general moratorium imposed or announced by any governmental authority or utility supplier that would result in (a) any governmental authority denying permits necessary for the construction of the Minimum Improvements, (b) the use or occupancy of the Redevelopment Property as a residential development or (c) any utility supplier denying sanitary sewer, water, natural gas or electricity connections with respect to the Redevelopment Property, provided that this condition shall be deemed to be satisfied upon the lifting of any such moratorium. (vi) Each of the Authority's representations and warranties set forth in Section 2.1 shall be true as of the applicable Date of Closing and the Authority shall so certify in writing at each Closing. (vii) The Redeveloper shall, in the Redeveloper's good faith determination, be satisfied that since the end of the Feasibility Period the environmental conditions relating to the Redevelopment Property have not changed in a materially adverse way, other than as a result of any actions of Redeveloper, its employees or agents. Section 3.5. Letter of Credit. (a) At the Closing for Tract I, the Redeveloper shall furnish or cause to be furnished to the Authority an irrevocable Letter of Credit reasonably acceptable in form and substance to the Authority from a financial institution reasonably acceptable to the Authority. The amount of the Letter of Credit from time to time shall not be less than as set forth below: (i) $500,000 at the Closing of Tract I, (ii) $2,187,500 at the Closing of Tract II, less the amount of any payments made to the Authority pursuant to the Payment Schedule on orbefore such Closing, and (iii) Following the Closing of Tract II, the principal amount ofthe Letter of Credit may be reduced as payments are made to the Authority pursuant to the Payment Schedule, except that the amount of the Letter of Credit shall not be reduced to less than $1,233,750 before October 1, 2005. Thereafter, the amount of the Letter of Credit may be reduced to the amount of the Redeveloper's outstanding payment obligations under the Payment Schedule. (b) The Letter of Credit shall be held by the Authority as collateral to insure the payment of the Purchase Price as provided herein. If the Redeveloper fails to make payments in accordance with the terms of this Agreement, the Authority may present the Letter of Credit for payment, and, at the Authority's option, use as much of the proceeds thereof as are necessary to make the delinquent payment(s). Any excess proceeds from the Letter of Credit not needed to make the delinquent payment(s) shall be paid to the Redeveloper. The Authority shall not present the Letter of Credit for 17 payment unless it shall have given Redeveloper notice as provided in Section 7.2, and Redeveloper shall have failed to comply with the terms of such notice within the time period specified in Section 7.2. If a replacement Letter of Credit has not been provided thirty (3 Q) days prior to the expiration of the term of the original Letter of Credit, then the notice to the Redeveloper is not necessary for the Authority to present the Letter of Credit for payment. The Letter of Credit shall be released upon payment in full of the Redeveloper's payment obligations hereunder. Section 3.5. Documents at Closing. (a) At each Closing, the Authority shall deliver to the Redeveloper: (i) The Redevelopment Property Deed. (ii) All certificates, instruments and other documents necessary to permit the recording of the Redevelopment Property Deed. (iii) A standard Seller's Affidavit properly executed on behalf of the Authority with respect to judgments, bankruptcies, tax Iiens, mechanics' liens, parties in possession, unrecorded interests, encroachment or boundary line questions and related matters. (iv) If applicable, the owner's duplicate certificate of title to the Redevelopment Property. The Authority shall not provide an abstract of title if property is classified as abstract property, but the Authority shall provide, at its expense, the Commitment described in Section 3.3(a). (v) An affidavit of the Authority in form and content satisfactory to the Redeveloper stating that the Authority is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. (vi) The certification described in Section 3.4(b)(vi). (b) At each Closing the Redeveloper shall deliver to the Authority: (i) With respect to the Closing for Tract I only, the Letter of Credit. (ii) The certification required by Section 3.4(a)(viii). 18 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper shall construct and pay for all Site Improvements described in Schedule G. Subject to Unavoidable Delays, the Redeveloper shall began construction of the Minimum Improvements on a Tract no later than ninety (90) days after conveyance of the Tract to the Redeveloper. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with this Agreement and the approved Construction PIans. Section 4.2. Construction Plans. (a) Prior to the commencement of construction of the Minimum Improvements, the Redeveloper shall submit Preliminary Plans to the Authority consisting of typical floor plans and sketches ofthe typical exterior and interior of the proposed Minimum Improvements which illustrate the size and character of the proposed Buildings. The Preliminary Plans shall not be inconsistent with the Site Plan, this Agreement or any applicable state and local laws and regulations, insofar as said consistency may be determined at said preliminary stage. If approval of the Preliminary Plans is requested in writing by the Redeveloper at the time of submission thereof to the Authority, the Authority shall approve or reject (in whole or in part) such Preliminary Plans in writing within twenty (20) days after the date of receipt thereof. If no written rejection is made within said twenty (20) days, the Preliminary Plans shall be deemed approved by the Authority. Any rej ection shall set forth in detail the reasons therefor. If the Authority rejects the Preliminary Plans, in whole or in part, the Redeveloper shall submit new or revised Preliminary Plans within a reasonable time after receipt by the Redeveloper of the notice of rejection. The provisions of this Section relating to approval, rejection and resubmission of new or revised Preliminary Plans shall continue to apply until the Preliminary Plans have been approved by the Authority. The Authority's approval ofthe Preliminary Plans shall not be unreasonably withheld, conditioned or delayed. (b) Prior to the Redeveloper's commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity in all material respects with this Agreement, the Preliminary Plans, and all applicable state and local laws and regulations. The Authority shall approve the Construction Plans in writing if (i) the Construction Plans conform in all material respects to the terms and conditions of the Preliminary Plans and this Agreement; (ii) the Construction Plans conform to all applicable federal, State and local laws, ordinances, rules and regulations: (iii) the Construction Plans are adequate to provide for the construction of the Minimum Improvements; (iv) the Construction Plans do not provide for expenditures in excess of the funds available to the Redeveloper for the construction of the Minimum Improvements; and (v) no Event of Default has occurred and is continuing. 19 No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Program, applicable federal, State and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of any Event of Default. Upon the Redeveloper's submittal of the Construction Plans to the Authority, such Construction Plans shall be deemed approved unless rejected in writing by the Authority, in whole or in part, within twenty (20) days after the date of their receipt by the Authority. Such rejection shall set forth in detail the reasons therefor. If the Authority rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within a reasonable time after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority's approval shall not be unreasonably withheld, conditioned or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, if constructed in accordance with said plans) comply with the provisions of this Agreement relating thereto. The Construction Plans shall not be rejected due to any objection which could have been raised upon review of the Preliminary Plans and corrected more economically at that time. (c) If the Redeveloper desires to make any material change in the Preliminary Plans or Construction Plans after their approval by the Authority, then the Redeveloper shall submit the proposed change to the Authority for its approval. If the Preliminary Plans or Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Preliminary Plans or Construction Plans shall, in any event, be deemed approved by the Authority unless rejected in writing by the Authority, in whole or in part, within twenty (20) days after receipt of the notice of such change, setting forth in detail the reasons therefor. Section 4.3. Completion of Construction. (a) Subject to Unavoidable Delays, the Redeveloper shall have substantially completed the construction of the Minimum Improvements by December 31, 2008. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity in all material respects with the Construction Plans as submitted by the Redeveloper and approved by the Authority. (b) The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, and the Redevelopment Property Deed shall reference the covenants contained in this Section 4.3 and Section 7.3, that the Redeveloper, and its successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be completed within the period specified in this Section 4.3. c Section 4.4. tNei tificate, € f (a) Promptly after completion of the Minimum Improvements for each Building in accordance with the provisions of this Agreement relating to the obligations of the Redeveloper to construct such improvements (including the date for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion for such Building. The Certificate of Completion shall be a conclusive determination and conclusive evidence of the satisfaction and termination of the agreements and covenants in this Agreement and in the Redevelopment Property Deed with respect to the obligations of the Redeveloper and its successors and assigns, to construct the Minimum Improvements for each Building and the date for the completion thereof. (b) If the Authority believes the Redeveloper has failed to complete the Minimum Improvements as to any Building for which a Certificate of Completion is requested by the Redeveloper, the Authority shall, within twenty (20) days after such written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Authority believes the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, and what measures or acts will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain a Certificate of Completion. (c) The construction ofthe Minimum Improvements for each Building shall be deemed to be completed in accordance with the Redeveloper's obligations hereunder when the City has issued a certificate of occupancy for any individual residential unit of that Building. 21 ARTICLE V Insurance Section S.I. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the Authority, furnish the Authority with proof of payment of premiums on: (i) builder's risk insurance, written on the so-called `Builder's Risk— Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content reasonably satisfactory to the Authority; (ii) comprehensive general liability insurance together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than 52,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used); and (iii) workers' compensation insurance, with statutory coverage. (b) All insurance required by this Article V shall be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate(s) or binder(s) of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Redeveloper shall furnish the Authority with evidence satisfactory to the Authority that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Redeveloper shall, for time to time, provide the Authority with evidence satisfactory to the Authority that the Redeveloper's subcontractors are maintaining workers' compensation insurance with statutory coverage. 22 ARTICLE VI Prohibitions Against Assignment and Transfer, Indemnification Section 6.1. Representation as to _Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the Authority; (b) the substantial financing and other public aids that have been made available by the City or the Authority for the purpose of making such redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are ofparticular concern to the Authority. The Redeveloper further recognizes that it is because of such qualifications and identity that the Authority is entering into this Agreement with the Redeveloper, and, in so doing, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 6.2. Prohibition Against Transfer of Property and Assignment ofAgreement. Also, for the foregoing reasons the Redeveloper represents and agrees that prior to the earlier of the issuance of the final Certificate of Completion for the Minimum Improvements or the Termination Date: (a) Except for the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to constructing the Minimum Improvements under this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redcvelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Authority unless the Redeveloper remains liable and bound by this Redevelopment Agreement, in which event the Authority's approval is not required. Any such transfer shall be subject to the provisions of this Agreement. Notwithstanding the foregoing, the Redeveloper may transfer the Redevelopment Property to any corporation, partnership, or limited liability company controlling, controlled by, or under common control with the Redeveloper. In addition, the Redeveloper may enter into purchase agreements for the sale of individual residential units in the ordinary course of the Redeveloper's business. (b) In the event the Redeveloper, upon transfer or assignment of the Redevelopment Property or any portion thereof, seeks to be released from its obligations under this Agreement, the 23 Authority shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper. (ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement and agreed to be subject to all of the conditions and restrictions to which the Redeveloper is subject; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights, remedies or controls with respect to the Redevelopment Property or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or remedies or controls provided in this Agreement with respect to the Minimum Improvements that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VI shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satisfied, then the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred, assigned or otherwise conveyed. Section 6.3. Release and Indemnification Covenants. (a) The Redeveloper covenants and agrees that the City, the Authority and the governing body members, officers, agents, servants and employees of either of them (collectively, the "Indemnified Parties") shall not be Iiable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or resulting from any defect in the Minimum Improvements, due to any act, including negligence, of the Redeveloper or of others acting on the behalf or under the direction or control of 24 the Redeveloper; provided, however, that the Redeveloper's indemnification obligations in this subparagraph (a) shall not apply to any loss resulting from negligent, willful or wanton misconduct of any of the Indemnified Parties. (b) The Redeveloper agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding by any person or entity arising or purportedly arising from this Agreement or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum improvements, due to any act, including negligence, of the Redeveloper or of others acting on the behalf or under the direction or control of the Redeveloper; provided, however, that the Redeveloper's indemnification obligations in this subparagraph (b) shall not apply to (i) any loss resulting from any negligent or willful misrepresentation or any negligent, willful or wanton misconduct of any of the Indemnified Parties or (ii) the use of eminent domain if exercised by the Authority to acquire the Private Property. (c) None of the Indemnified Parties shall be liable for any damage or injury to the person or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be on or about the Redevelopment Property or Minimum Improvements due to any act or negligence of any person, other than the negligence or misconduct of an Indemnified Party. (d) None of the Indemnified Parties shall be liable to the Redeveloper or to any third party for any consequential or other damages that may arise out of delays of any kind relating to activities undertaken pursuant to this Agreement, including but not limited to delays due to environmental conditions, court challenges or elements outside the control of the Authority. (e) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (f) Nothing in this Section 6.3 is intended to waive any municipal liability limitations contained in Minnesota Statutes, particularly Chapter 466. 25 ARTICLE VII Events of Default Section 7.1. Events of Default Defined. Subject to Unavoidable Delays, the following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following events: (a) Failure by the Redeveloper to pay when due all real property taxes assessed against any portion of the Redevelopment Property which has been conveyed to the Redeveloper pursuant to Section 3.3. (b) Failure of the Rcdeveloper to submit reasonably satisfactory Construction Plans in accordance with Section 4.2. (c) Failure by the Redeveloper to commence or complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV. (d) Failure by the Redeveloper to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. (e) The Redeveloper shall: (i) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the United States Bankruptcy Code or under any similar federal or state law; or (ii) make an assignment for the benefit of its creditors; or (iii) admit in writing its inability to pay its debts generally as they become due; or (iv) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Redeveloper as a bankrupt or proposing its reorganization under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Redeveloper or of the Redevelopment Property, or part thereof shall be appointed in any proceeding brought against the Redeveloper and shall not be discharged within ninety (90) days after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. Section 7.2. Remedies on Default. (a) Whenever any Event of Default referred to in Section 7.1 occurs, the Authority may take any one or more of the following actions after providing thirty (30) days' written notice to the Redeveloper of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default is not reasonably susceptible to being cured within said thirty (30) -day period (whether due to Unavoidable Delays or otherwise), and the Redeveloper fails to provide the Authority with written assurances, deemed satisfactory in the reasonable discretion of the Authority, that the Event of Default will be cured as soon as reasonably possible: (i) Suspend its performance under this Agreement until it receives assurances from the Redeveloper, deemed adequate by the Authority, that the Redeveloper will cure its default and continue its performance under this Agreement. (ii) Terminate this Agreement. (iii) Withhold any Certificate of Completion. (iv) Other than actions of an equitable or administrative nature and subject to subparagraph (b) below, take whatever action which may appear necessary or desirable to the Authority, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. (b) Notwithstanding anything in Sections 7.1 or 7.2(a) to the contrary, the Authority shall not be entitled to the remedy of specific performance for any failure by the Redeveloper to commence or complete construction of the Minimum Improvements pursuant to Article IV. In the event of any such failure, or in the event of any default by the Redeveloper in its payment obligations under the Payment Schedule, the Authority's sole remedies shall be to draw upon the Letter of Credit (as to any payment obligation default), to take action to collect any unpaid Purchase Price pursuant to the Payment Schedule and to re-enter and take possession of the Redevelopment Property pursuant to Section 7.3 (provided that the conditions exist which permit the Authority to exercise such remedy under Section 7.3), which remedies shall be cumulative and not exclusive. Section 7.3. Revesting Title in Authority Upon Happening of Event Subsequent to Conveyance to Redeveloper. In the event that subsequent to conveyance of the Redevelopment Property to the Redeveloper and prior to either the receipt by the Redeveloper of the final Certificate of Completion or the Termination Date: (a) subj ect to Unavoidable Delays, the Redeveloper fails to (i) commence construction of the Minimum Improvements by the applicable dates set forth in Section 4.1 and such failure is not remedied or assurances reasonably satisfactory to the Authority made within ninety (90) days after written demand from the Authority to the Redeveloper to do so; or (ii) substantially complete construction of the Minimum Improvements by December 31, 2008; or 27 (b) the Redeveloper fails to pay any real estate taxes or assessments on any portion of the Redevelopment Property which has been conveyed to the Redeveloper when due (which taxes or assessments the Redeveloper is responsible for hereunder) or creates, suffers, assumes, or agrees to any encumbrance or lien on the Redevelopment Property which is unauthorized by this Agreement, or suffers any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments are not paid, or the encumbrance or lien removed or discharged or provision reasonably satisfactory to the Authority made for such payment, removal or discharge, within ninety (90) days after written demand by the Authority to do so; provided, that if the Redeveloper first notifies the Authority of its intention to do so, it may in good faith contest any real estate taxes or any mechanics' or other lien filed or established and in such event the Authority shall permit such taxes, mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest and any appeal, but only if the Redeveloper provides the Authority with a bank letter of credit or other security in the amount ofthe taxes or the lien, in a form reasonably satisfactory to the Authority pursuant to which the bank or other obligor will pay to the Authority the amount of such taxes or lien in the event that the taxes or the lien is finally determined to be valid. During the course of such contest the Redeveloper shall keep the Authority informed respecting the status of such defense; or (c) on or after December 31, 2007, the Redeveloper is in default in its payment obligations under the Payment Schedule; or (d) there is, in violation of this Agreement, any transfer of the Redevelopment Property, or assignment of this Agreement, in whole or in part, or a change in control of the Redeveloper (except for changes in ownership of the Redeveloper as a result of transactions in any equity securities of the Redeveloper on a stock exchange), and such violation shall not be cured within ninety (90) days after written demand by the Authority to the Redeveloper; Then the Authority shall have the right to re-enter and take possession of the Redevelopment Property, to terminate this Agreement and to terminate (and revest in the Authority) the estate conveyed by the Redevelopment Property Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Redevelopment Property to the Redeveloper shall be made upon, and that the Redevelopment Property Deed shall contain, a condition subsequent to the effect that in the event of any default on the part of the Redeveloper and failure on the part of the Redeveloper to remedy, end, or abrogate such default within the period and in the manner stated in this Agreement, the Authority at its option may declare a termination in favor of the Authority of the title, and of all the rights and interests in and to the Redevelopment Property, conveyed to the Redeveloper, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Redevelopment Property, shall revert to the Authority, but only if the event or events stated in subparagraphs (a) through (d) of this Section 7.3 have not been cured within any applicable time period provided above. Notwithstanding anything to the contrary contained in this Section 7.3, the Authority shall have no right to re-enter or retake title to and possession of any part of the Redevelopment Property for which a Certificate of Completion has been issued or following the Termination Date. 28 Section 7.4. Payment for and Resale of Reacqui red_Prop= Disposition ofProceeds. Upon the revesting in the Authority of title to any parcel of the Redevelopment Property or any part thereof as provided in Section 7.3: (a) Provided that the Redeveloper has satisfied in full its payment obligations pursuant to the Payment Schedule, at the time of such revesting the Authority shall reimburse the Redeveloper for a portion of the Purchase Price calculated by multiplying the number of residential units which will not be constructed as a result of the revesting of such parcel in the Authority times an amount per unit equal to: (i) If the Redeveloper has constructed all ofthe Site Improvements on the parcel, the then -market value of the parcel per unit (but not to exceed $12,500); otherwise (ii) If the Redeveloper has not completed all of the Site Improvements on the parcel, the then -market value of the parcel per unit (but not to exceed $7,500). (b) Except as set forth in subparagraph (a) above, the Parties shall have no further responsibility to each other hereunder with respect to that parcel and the Authority may sell or otherwise devote said parcel to such other uses as the Authority shall in its sole discretion determine. Section 7.5. Authority Default. Subject to Unavoidable Delays, the term "Authority Default" shall mean either or both of the following events: (a) Failure by the Authority to diligently pursue acquisition of the Private Property pursuant to Sections 3.1 and 3.2. (b) Failure by the Authority to substantially observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 7.6. Remedies on Authority Default. Whenever any Authority Default referred to in Section 7.5 occurs, the Redeveloper may take any one or more of the following actions after providing thirty (30) days' written notice to the Authority of the Authority Default, but only if the Authority Default has not been cured within said thirty (30) days, or if the Authority Default is not reasonably susceptible to being cured within said thirty (3 0) -day period (whether due to Unavoidable Delays or otherwise), and the Authority fails to provide the Redeveloper with written assurances, deemed satisfactory in the reasonable discretion of the Redeveloper, that the Authority Default will be cured as soon as reasonably possible: (a) If the Authority Default consists of a failure by the Authority to complete Public Improvements, the Redeveloper may, in addition to any and all other rights and remedies hereunder, complete such Public Improvements and offset the cost thereof against the Purchase Price. (b) If the Authority Default consists of a failure by the Authority to convey all of the Redevelopment Property to the Redeveloper by September 1, 2004, or if such a failure is due to 29 Unavoidable Delays, paragraph 1(b) of the Payment Schedule shall not apply until all of the Redevelopment Property is conveyed. (c) If the Authority fails or is unable (whether due to Unavoidable Delays or otherwise) to deliver title to all of each Tract on the scheduled delivery date for such Tract as set forth in Section 3.3(b) (any such portion not so delivered shall be referred to herein as a "Deferred Parcel"), the Redeveloper shall have the right, at its option: (i) to establish a new scheduled delivery date for any Deferred Parcel subject to Authority approval of such new date (which approval shall not be unreasonably withheld), in which case the rights described in subparagraph (a) shall continue to apply to the Deferred Parcels, through and including the rescheduled delivery dates applicable thereto, if any; or (ii) to accept less than all of any such Tract and to reduce the Minimum Improvements on a reasonably proportional basis as a result of the reduction in the size of such Tract. This election shall result in an adjustment to the Purchase Price to the extent the number of units is reduced by an amount equal to $19,550 per unit. (d) Without limiting the foregoing, and notwithstanding anything herein to the contrary, if the Authority has not delivered title to all of the Redevelopment Property to the Redeveloper on or before December 31, 2004, and if the Redeveloper has completed all of the Minimum Improvements which are applicable to the portion of the Redevelopment Property which has been conveyed to the Redeveloper pursuant to Section 3.3, then the Redeveloper shall have the right to terminate this Agreement as to all of the Redevelopment Property which has not been so conveyed. Section 7.7. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VII. Section 7.8. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 7.9. Financin8: Subordination. (a) The Authority recognizes that the redeveloper may obtain financing from .1 commercial lender (the "Lender") to finance the Site Improvements and the construction of the Minimum Improvements (the "Construction Loan") and, that in order to do so, the Lender may 30 require a first mortgage or other lien ("Mortgage") on the Redevelopment Property which is prior to the rights of the Authority under this Agreement and that the Authority will have to subordinate such rights. (b) The Authority will agree that the Lender of the Construction Loan shall have the right, at its option, to cure or remedy any breach or default of the Redeveloper, including any breach or default with respect to completion of the Site Improvements and construction of the Minimum Improvements, provided the Lender has first expressly assumed the obligations to the Authority (by written agreement satisfactory to the Authority) to complete the Minimum Improvements on the Redevelopment Property or the part thereof which is subject to the lien of the Mortgage. Upon request of the Lender, the Authority will agree to notify the Lender of any default of the Redeveloper under the terms of this Agreement. Upon request of the Authority, the Lender will agree to notify the Authority of any default of the Redeveloper under the terms of the Construction Loan. The Authority shall have the right, at its option, to cure or remedy any breach or default with respect to the Redeveloper's Construction Loan and shall have any redemption rights in the event of foreclosure. (c) Additional conditions for the Authority subordinating its interests in this Agreement and approving a Mortgage include the following: (i) All of the Construction Loan proceeds will be used solely for the design and preparation of the Redevelopment Property to construct the Minimum Improvements, the acquisition of the Redevelopment Property and costs of the Site Improvements; (ii) Subject to the Authority's approval, the Construction Loan proceeds will be disbursed by a title company pursuant to a Construction Loan disbursing agreement or similar agreement among the Redeveloper, the Lender and the title company whereby the title company will oversee the payment for all work which may give rise to mechanics' liens; (iii) The Authority shall have the right to review the Construction Loan documents to reasonably satisfy itself that sufficient funds are or will be available to complete construction of the Minimum Improvements. (d) Upon the Redeveloper's performing the above conditions, the Authority agrees that any and all right of the Authority under this Agreement and the Redevelopment Property Deed, including without limitation: (i) any and all rights of the Authority to the payment or use of the Net Proceeds of insurance pursuant to Article V; and (ii) any and all rights of the Authority to re-enter and retake possession of the Redevelopment Property and to revest to the Authority the estate conveyed by the Redevelopment Property Deed to the Redeveloper pursuant to Section 7.3 and pursuant to the Redevelopment Property Deed, 31 shall be subject and subordinate to the lien of the Mortgage and to the rights, interests and remedies of the Lender and its successors and assigns (including the purchaser at any foreclosure sale or the transferee of any transfer in lieu of foreclosure) under the Mortgage. The Authority further covenants and agrees that a purchaser at a foreclosure sale or the transferee of any transfer in lieu of foreclosure shall take title to the mortgaged property free and clear of all rights of the Authority, its successors and assigns under this Agreement. (e) The Authority agrees that at the time of the closing of the Construction Loan, it will enter into a subordination agreement in accordance with this Section 7.9 in form and content reasonably acceptable to the Lender. (f) The following shall be exceptions to the Authority's obligation to subordinate its rights pursuant to this Article VII: (i) Section 2.2(o) (prohibition on the Redevelopment Property or Minimum Improvements becoming exempt from ad valorem property taxes), (ii) Section 2.2(p) (prohibition on conveyance of the Redevelopment Property or Minimum Improvements to a tax-exempt entity), and (iii) Article IX (termination) 32 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interest. No member, official, or employee of the Authority shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is, directly or indirectly, interested. Section 8.2. Authorityepresentatives Not Individually Liable. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement, except in the case of willful misconduct. Section 8.3. Equal Employment QWortunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements it will comply with all applicable equal employment opportunity and non-discrimination laws, ordinances and regulations. Section 8.4. Signs, Sales Trailer' Storage of Equipment. At any time during the term hereof, and until the Redeveloper's completion of the construction of the Minimum Improvements, the Redeveloper shall have the right to place signs and a sales trailer on the Property and to conduct marketing activities thereon in areas approved by the Authority, such approval not to be unreasonably withheld, conditioned or delayed. The Redeveloper shall restore any areas of the Redevelopment Property damaged by such activities and shall, if this Agreement is terminated, return the same to the Authority in good condition, free of rubbish and debris. Redeveloper shall also keep the Redevelopment Property free of any liens or third -party claims resulting from such activities. Prior to the conveyance of Tract II, the Authority shall also provide, at no cost to the Redeveloper, adequate space on the Redevelopment Property for storage of construction equipment and materials that the Redeveloper and its contractors and their subcontractors may from time to time require. Such space shall be located in an area mutually acceptable to the Parties and easily accessible to the Redeveloper and its contractors and their subcontractors. The Redeveloper shall indemnify the Authority against any liability or expense for injuries to or death of persons or damage to property arising from the exercise by the Redeveloper of the activities set forth in this Section. Section 8.5. Arbitration. The Parties agree that except for equitable remedies, which the Parties may (but are not required to) pursue in court, all disputes hereunder shall be settled by binding arbitration conducted by a neutral arbitrator selected by the American Arbitration Association or other third -party arbitration organization agreed upon by the Parties at the arbitrator's offices closest to the Redevelopment Property. The arbitration shall be conducted according to the American Arbitration Association Commercial Arbitration Rules or such other procedures as maybe agreed upon by the Parties. The Parties agree to (a) join into the arbitration proceeding hereunder or 33 (b) join any other arbitration proceeding being conducted by persons or entities related to the dispute that may be necessary to completely resolve the dispute. The award of the arbitrator shall be final, binding and enforceable. The arbitrator shall have the authority, power and right to award damages (other than punitive, exemplary or consequential damages) and provide for other remedies as are available at law or in equity in accordance with the laws of the State. Section 8.6. Provisions Not Mer ed With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.7. Titles of Articles and Sections. Any titles of the several articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.8. Statutory Cancellation. Nothing in this Agreement shall limit or restrict either Parry from seeking statutory cancellation of this Agreement under Minnesota Statutes, Section 559.21, in the event of default hereunder by the other Party, if such default is not cured within the applicable cure period. Section 89. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either Party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, transmitted by facsimile, delivered by a recognized overnight courier or delivered personally to the following addresses: If to the Redeveloper: The Ryland Group, Inc. 7600 Executive Dr Eden Prairie, MN 55344 Attn: Wayne Soojian, Operational Vice President Fax: (952) 229-6024 With copies to: The Ryland Group, Inc. 2195 Fields Parkway, Suite 230 Deer Park, IL 60010 Attn: Kipling W. Scott, Executive Vice President The Ryland Group, Inc. 24025 Park Sorrento, Suite 400 Calabasas, CA 91302 Attn: Timothy J. Geckle, Sr. Vice President and General Counsel Fax: (818) 223-7685 34 If to the Authority: New Hope Economic Development Authority 4401 Xylon Av N New Hope, MN 55428 Attn: Daniel J. Donahue, City Manager Fax: (763) 531-5136 or at such other address with respect to either Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8.10. Execution by the Redeveloper. The Authority acknowledges that it has been apprised that it is the Redeveloper's corporate policy that this Agreement is not binding on Redeveloper unless executed by Kipling W. Scott, Executive Vice President of the Redeveloper. Section 8.11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. ARTICLE IX Termination of AlKeement Section 9.1. Termination, This Agreement shall terminate upon its Termination Date and the discharge of all of the Authority's and Redeveloper's other respective obligations hereunder, but no such termination shall terminate any indemnification or other rights or remedies arising hereunder due to any Event of Default or Authority Default which occurred and was continuing prior to such termination. Section 9.2. Effect of Termination. Upon a termination of this Agreement pursuant to this Article IX, this Agreement shall be null and void and neither Party shall have any further obligations or liabilities hereunder except as specifically stated in this Agreement. Upon such termination the Redeveloper and Authority shall deliver to each other such documents as may be necessary to evidence the termination of this Agreement. IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Redeveloper has caused this Agreement to be duly executed on or as of the date first above written. GAWPDATAUMEW HOPEI800000NTRACT V9.DOC 35 Dated: , 2004 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY Its President + By '. Its Executive rector STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) On this %S day of %, Ae--AL , 2004 before me, a notary public within and for Hennepin County, personally appeared W. Peter 6nGp— and _ 7AAJt l -J, b2mbitc to me personally known who by me duly sworn, did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public S VALERIE J. LEONE +„.. NOTARY PUBLIC -MINNESOTA Aly Commission Expires Jan. 31, 2005 Authority Signature Page — Contract for Private Redevelopment 36 Dated: ►` 1k*,M 19 , 2004 THE RYLAND GROUP INC. By KipfinjW- Se6tt Executive Vice President By Wayne Soopan Operational Vice President STATE OF Z4/A)O P-5 ) COUNTY OF ``117AP oeC )ss On this � day of ��f�= , 2004 before me, a notary public within and for Ilei- Alm County, personally appeared Kipling W. Scott, the Executive Vice President of The Ryland Groub, Inc., a Maryland corporation, and ac nowledged the foregoing instrument on behalf of said corporation. "OFFICIAL SEAL" MAUREEN TOPPEL Notar. Public NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 7/10/2007 STATE OF ) )ss COUNTY OF i ) On this day of , 2004 before me, a notary public within and for County, personally appeared Wayne Soojian, the Operational Vice President of The Ryland up, Inc., a Maryland corporation, and acknowledged the foregoing instrument on behalf of said corporation.SHARON J.-ME109. potaury NOTARY PUBUC - MI MES= My COMMISSION EXPIRES Public MNUAPv V 900r - Redeveloper Signature Page - Contract for Private Redevelopment SCHEDULE A DESCRIPTION OF REDEVELOPMENT PROPERTY No. Street Address Property Identification Number 1 5340 Winnetka Ave N 08-118-21-22-0001 2 5400 Winnetka Ave N 05-118-21-33-0005 3 5406 Winnetka Ave N 05-118-21-33-0008 4 5410 Winnetka Ave N 05-118-21-33-0010 5 5412 Winnetka Ave N 05-118-21-33-0009 6 5420 Winnetka Ave N 05-118-21-33-0011 7 — Winnetka AveN rear of 54201._.._05-118-21-33-0012 8 5422 Winnetka Ave N 05-118-21-33-0013 9 5434 Winnetka Ave N 05-118-21-33-0014 10 5440 Winnetka AveN 05-118-21.33-0015 11 5446 Winnetka Ave N 05-118-21-33-0016 12 5500 Winnetka AveN 05-118-21-33-0003 13 5506 Winnetka Ave N 05-118-21-33-0004 14 5512 Winnetka Ave N 05-118-21-33-0006 15 5518 Wimaetka Ave N 05-118-21-33-0017 16 1 5524 Winnetka Ave N 05-118-21-33-0002 17 5532 Winnetka Ave N 05-118-21-33-0018 18 5540 Winnetka Ave N 05-118-21-33-0007 19 5550 Winnetka Ave N 05-118-21-33-0019 20 7615 Bass Lake Road 05-118-21-33-0028 21 7605 Bass Lake Road 05-118-21-33-0088 22 7609 Bass Lake Road 05-118-21-33-0089 23 7643 Bass Lake Road 05-118-21-33-0023 24 7601 Bass Lake Road 05-118-21-33-0091 25 7603 Bass Lake Road 05-118-21-33-0087 26 7621 Bass Lake Road 05-118-21-33-0027 27 5520 Sweater Ave N 05-118-21-33-0085 28 5530 Sumter Ave N 05-118-21-33-0029 29 5538 Sumter Ave N 05-118-21-33-0024 30 5546 Sumter Ave N 05-118-21-33-0025 31 5559 Sumter Ave N 05-118-21-33-0082 — — Sumter Ave N 30' Sumter ROW east of 5559 None; Tract D, Registered Land Survey No. 97 32 5537 Sumter Ave N 05-118-21-33-0022 33 5531 Sumter Ave N 05-118-21-33-0026 _ — Sumter Ave N 30' Sumter ROW east of 5559 None; Tract D, Registered Land Survey No. 97 A-1 No. Street Address Propeirty Identification Number 32 5537 Sumter Ave N 05-118-21-33-0022 33 5531 Sumter Ave N 05-118-21-33-0026 34 7801 Bass Lake Rd 05-118-21-33-0021 35 7809 Bass Lake Rd 05-118-21-33-0020 36(strip — Bass Lake Rd between 7801 and 5559 Sumter 05-118-21-33-0081 37(strip — Bass Lake Rd between 7801 and 5537 Sumter 05-118-21-33-0083 40 — Bass Lake Rd - (sttp between 7605 and 7603 None; Tract O, Registered Land SurveyNIo. 97 41(strip — Bass Lake Rd east and south of 7615 None; Tract P, Registered Land Survey No. 97 42 5519 Sumter Ave N 05-118-21-33-0084 * Numbering as appears on title commitment. A-2 SCHEDULE B REDEVELOPMENT PROPERTY DEED THIS INDENTURE, made this day of , 2004, between the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "Grantor'), and The Ryland Group, Inc., a Maryland corporation (the "Grantee'). WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby convey and quit claim to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota described as follows: together with all hereditaments and appurtenances belonging thereto, Grantor covenants and represents that: Grantee has committed to construct certain improvements and Grantor has a right of re-entry in accordance with Sections 4.3 and 7.3, respectively, of the Contract for Private Redevelopment by and between the New Hope Economic Development Authority and The Ryland Group, Inc. dated March 2004. The completion of the improvements and the release of the right of re-entry shall be evidenced by the recording of the Certificate of Completion and Release of Forfeiture attached as Exhibit 1 to this deed. i� IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed in its behalf by its President and its Executive Director the day and year written above. NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By — - Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 2004 before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public This instrument was drafted by: Krass Monroe, P.A. 8000 Norman Center Drive, Suite 1000 Minneapolis, MN 55437-1178 EXHIBIT I CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota, as Deed Document Number(s) and 'respectively, has conveyed to The Ryland Group, Inc., a Maryland corporation (the "Grantee"), the following described land in County of Hennepin and State of Minnesota, to -wit: WHEREAS, said Deed contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, said covenants and restrictions being set forth in said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording ofthis certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar is it applies to the land described herein, and the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota is hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants and conditions referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry. VIR Dated: 200 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of 520 before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. SCHEDULE C ENVIRONMENTAL REPORTS A listing of the environmental reports and other documents available from the Authority with respect to the Redevelopment Property and as of the date of this Agreement are as follows: 5340 Winnetka Avenue North 1. Memorandum dated July 14, 1999 from Vince Vander Top of Bonestroo Rosene Anderlik & Associates to Sue Henry regarding abandonment of septic system, with invoice dated July 19, 1999 from Dave Perkins Contracting Inc. to Bonestroo Rosene Anderlik & Associates for removal of septic tank. 5524 Winnetka Avenue North Underground Storage Tank Excavation Report dated September 10, 2002 from Richard E. Hansen, PG of Braun Intertec Corporation to the City regarding removal of an underground storage tank ("UST'). 2. Letter dated September 18, 2002 from Ken P. Doresky of the City to Mr. and Mrs. Lloyd LaBorde (then owners of 5524 Winnetka Ave. N) regarding removal of the UST from their property. 5550 Winnetka Avenue North 1. Memorandum dated November 2, 2000 from Jelil Abdella ofthe MPCA to Kirk McDonald of the City. 2. Letter dated October 30, 2000 from Doug Bergstrom of Diversified Environmental, Inc. to Phil Kern of the City. 3. Letter dated October 3, 2000 from Steven A. Sondrall of Jensen & Sondrall, P.A. to Kirk McDonald of the City. 4. Letter dated October 3, 2000 from Steven A. Sondrall of Jensen & Sondrall, P.A_ to Jerry Purtell of Unocal Corporation. 5. Letter dated September 26, 2000 from Jelil Abdella of the MPCA to Kirk McDonald of the City. 6. Letter dated June 18, 1990 from MPCA staff to J. E. Purtell of Unocal Corporation. 7. STS Consultants Ltd., July 31, 1989 — Site Exploration for the Property Located at 5550 Winnetka Avenue, New Hope, Minnesota, prepared for Unocal Corporation, S. Letter dated August 25, 1988 from Kenneth C. LeVoir of the MPCA to Union Oil Company of California transmitting Letter of Intent to Proceed with Petroleum Tank Release Investigation and Site Stabilization. 9. Letter dated June 7, 1988 from Kenneth C. LeVoir of the MPCA to Francis G. Koch of Bosa International, Inc. (operator of donut shop on site after gas station was demolished) transmitting Letter of Intent to Proceed with Petroleum Tank Release Investigation and Site Stabilization. 10. STS Consultants Ltd., April 26, 1988 — Preliminary Environmental Reconnaissance for Property Transfer at 5550 Winnetka Avenue, New Hope, Minnesota, prepared for First Interstate Bank. 11. Subterranean Engineering Inc., February 1975 — Soil and Foundation Investigation, Winchell's Donut House, S.E. Cor. Bass Lake Rd. & Winnetka Avenue, New Hope, Minnesota, Prepared for Denny's Incorporated. C-1 SCHEDULE D CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, the New Hope Economic Development Authority, a public body corporate and politic under the laws of Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota, as Deed Document Number(s) and , respectively, has conveyed to The Ryland Group, Inc., a Maryland corporation, (the "Grantee'), the following described land in County of Hennepin and State of Minnesota, to -wit: WHEREAS, said Deed contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, said covenants and restrictions being set forth in said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar is it applies to the land described herein, and the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota is hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants and conditions referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry. D-1 Dated: 200 NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By - -- Its President By Its Executive Director STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 20 before me, a notary public within and for Hennepin County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director, respectively, of the New Hope Economic Development Authority, a public body corporate and politic under the Iaws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public D-2 SCHEDULE F PUBLIC IMPROVEMENTS 1. The Authority shall construct the following Public Improvements with respect to a Tract or Phase before conveyance to the Redeveloper: • Demolition of all existing homes, businesses, other buildings, wells and septic tanks, and removal of demolition debris, basements and driveways Site clearance, rough grading and soil compaction of areas where basements were removed • Sanitary sewer, water main and storm sewer removals on the Redevelopment Property • Environmental remediation so that the Redevelopment Property is suitable for residential construction, including an MPCA Development Response Action Plan for the existing LUST site at 5550 Winnetka Avenue North • Vacation and removal of the portion of Sumter Avenue North within the Redevelopment Property and any other related utilities and improvements and public rights of way that would interfere with the Redevelopment Project • Construction of the Sumter Avenue North turnaround 2. The Authority shall construct the following Public Improvements during the construction of the Minimum Improvements with the timing to be coordinated with the Redeveloper: • The City will use its best efforts to contract with relevant utilities to bury existing overhead electric and telephone lines along Winnetka Avenue and Bass Lake Road, and will also coordinate removal of existing utility services on the Redevelopment Property • Construction of sidewalks along Bass Lake Road and Winnetka Avenue 3. The Authority will share the cost of trunk sanitary and water main improvements and on-site trunk storm sewer improvements constructed by the Redeveloper as set forth on Schedule L. The Redeveloper shall invoice the City no more frequently than monthly for one-half (1 /2) of the cost of such improvements, payment for which shall be remitted by the City within sixty (60) days of receipt of the invoice. The Authority and the Redeveloper may agree that the Redeveloper shall perform some or all of the Public Improvements listed in paragraphs (1) and (2) above. In such event, the Redeveloper shall invoice the City, and the City shall make payment, as set forth in paragraph (3) above. F-1 SCHEDULE G SITE IMPROVEMENTS • Utility relocation within the Redevelopment Property, excluding utility removals which are part of Public Improvements • Storm sewers and storm water system elements (ponds, pipes and infiltration systems), excluding utility removals which are part of Public Improvements • Any public or private streets within the Redevelopment Property, including curb and gutter, in accordance with City specifications, except for construction of the Sumter Avenue North turnaround* • Landscaping according to City -approved landscape plans • Trails and other pedestrian improvements pursuant to City -approved site plans • Grading and import/export of soil in accordance with City -approved grading plans • Retaining walls and fences, if needed • Streetscape and street lighting in accordance with City -approved plans The respective condominium and townhome associations shall have maintenance responsibility for the drives (including upkeep, street sweeping and snowplowing). G-1 SCHEDULE H DESCRIPTION OF MINIMUM IMPROVEMENTS Heritage Condominiums: Heritage Condominiums will range in size from 1,276 to 1,671 sq. ft. and will contain a mixture of three one -level and two-level designs. Carriage Townhomes: Carriage Townhomes are a traditional style row townhome with a rear entry, two -car tuck - under garage and a lookout basement. The townhomes will contain a mixture of three different models ranging in size from 1,595 to 1,947 sq. ft. Nine different brick and siding front elevations will also be intermixed. The Redeveloper shall construct approximately 175 residential units consisting of Heritage Condominiums and Carriage Townhomes as shown on the Site Plan. The exact number of units will be determined upon completion of a storm water analysis and survey of the Redevelopment Property. Approximately 113 of the units will be Heritage Condominiums with a base sales price of approximately $149,000 per unit, exclusive of upgrades. Approximately 213 of the units will be Carriage Townhomes with abase sales price of approximately $169,000 per unit, exclusive of upgrades. The Redeveloper shall use commercially reasonable efforts to cause the average unit sales price to not be less than $200,000, including upgrades. The quality of the Minimum Improvements shall be comparable to or better than that currently being constructed by the Redeveloper at its "Village at Circle Pines" development in Circle Pines, Minnesota. H-1 SCHEDULE I DESCRIPTION OF PRODUCTS AND MATERIALS Amenities in the residential units shall be as follows or of comparable quality: Heritage Condominiums: ENERGY EFFICIENCY R-13 Fiberglass Insulation Plus Vapor Barrier in Exterior Walls R-44 Fiberglass Insulation Value in Ceilings with Vapor Barrier 80% High -Efficiency Gas Furnace Energy Saver Glass Lined 40 -Gallon Water Heater Energy Efficient Steel Insulated Entry and Service Doors Energy Efficient Low E Vinyl Double Pane Windows with Thermal Barrier CONSTRUCTION Sealed Exterior Envelope Engineered Roof Truss Systems Floor Truss Framing System w/Subfloor Exterior Grade Roof Sheathing Asphalt Roofing Shingles with 25 -Year Warranty Maintenance -Free Aluminum Soffit, Fascia and Trim Electrical Ground -Fault Outlets Interconnected Smoke Detector System on all Levels Aquapexo Plumbing System Gutters (On Front) INTERIOR 9' First Floor Ceilings Choice of Wall -To -Wall Luxury Carpeting (Per Plan) Six -Panel Prefinished Colonist White Doors with Oak Trim Washable Paint by Sherwin Williams® Designer Lighting Fixtures Premium Door Hardware Throughout Security Dead Bolt Locks Pre -Wired for Phone (3) and Cable TV (2) Pre -Wired for Garage Door Opener Designer Ventilated Closet Shelving Washer and Dryer Screens Included Throughout EXTERIOR Fully Sodded Yards Landscaped Yards Concrete Sidewalk and Stoop Asphalt Driveway Front and Rear Door Lighting One Water Spigot in Garage Weatherproof Electrical Outlet in Front and Back I-1 KITCHENS Ge Automatic Dishwasher GO Refrigerator GO Electric Range with Hood Fan Food Disposal Stainless Steel Double -Bowl Sink with Spray Attachment Moen® Single Lever Washerless Faucets Decorative Countertops with 4" Backsplash Pantry Closet (Per Plan) Armstrong®No Wax Vinyl Flooring Aristokraft® Oak Kitchen Cabinets with Laminate Interiors Ice Maker and Microwave Rough -Ins BATHS Vanities with Cultured Marble Tops Vanity Mirrors Designer Lighting Armstrong® No Wax Vinyl Flooring Moen® Faucets Electrical Ground -Fault Outlets Outside Vent Fans in all Baths and Laundry Room OPTIONAL FEATURES Gas Log Fireplace Central Air Conditioning White Six -Panel Colonist Doors and White Trim Stained Hemlock Six -Panel Colonist Doors with Prefinished Oak Trim Stained Oak Flush Doors with Prefinished Oak Trim Whirlpool Flooring Upgrades Appliance Upgrades Security Systems Insulated Exterior Garage Walls Vaulted Ceilings Optional Private Master Bath GUARANTEES 10 -Year Structural Warranty 2 -Year Mechanical System Warranty 1 -Year Material and Workmanship Warranty Name Brand Manufacturer's Warranty Carriaze Townhomes: ENERGY EFFICIENCY R -I3 Fiberglass Insulation PIus Vapor Barrier in Exterior Walls R-44 Fiberglass Insulation Value in Ceilings with Vapor Barrier 80% High -Efficiency Gas Furnace Energy Saver Glass Lined 40 -Gallon Water Heater Energy Efficient Steel Insulated Entry and Service Doors Energy Efficient Low E Vinyl Double Pane Windows with Thermal Barrier Insulated Exterior Garage Walls and Overhead Garage Door CONSTRUCTION Sealed Exterior Envelope Floor Truss Framing System wlSubfloor Exterior Grade Roof Sheathing Asphalt Roofing Shingles with 25 -Year Warranty Maintenance -Free Aluminum Soffit, Fascia and Trim Electrical Ground -Fault Outlets Interconnected Smoke Detector System on all Levels Aquapexo Plumbing System Gutters (On Front and Back) INTERIOR . 9' first Floor Ceilings Six -Panel Prefinished Colonist White Doors with Oak Trim Choice of Wall -To -Wall Luxury Carpeting (Per Plan) Designer bighting Fixtures Premium Door Hardware Throughout Security Dead Bolt Locks Pre -Wired for Phone (3) and Cable TV (2) Pre -Wired for Garage Door Opener Designer Ventilated Closet Shelving Screens Included Throughout EXTERIOR Fully Sodded Yards Landscaped Yards Concrete Sidewalk and Stoop Asphalt Driveway Front and Rear Door Lighting One Water Spigot in Garage Weatherproof Electrical Outlet in Front and Back Storm Door I-2 KITCHENS GE® Automatic Dishwasher GE® Electric Range with Hood Fan Food Disposal Stainless Steel Double -Bow] Sink with Spray Attachment Moen Single Lever Washerless Faucets Decorative Countertops with 4" Backsplash Pantry Closet (Per Plan) Armstrongs No Wax Vinyl Flooring AristolwW Oak Kitchen Cabinets with Laminate Interiors Ice ?Maker and Microwave Rough -Ins BATHS Vanities With Cultured Marble Tops Vanity Mirrors Designer Lighting Armstrongo No Wax Vinyl Flooring Moen® Faucets Electrical Ground -Fault Outlets Outside Vent Fans in all Baths and Laundry Room OPTIONAL FEATURES Gas Log Fireplace with Ceramic(Marble Surround Central Air Conditioning, Aprilaire® Cleaner, Humidifier Stained Hemlock Six -Panel Colonist Doors with Prefinished Oak Trim White Six -Panel Colonist Doors and White Trim Stained Oak Flush Doors with Prefinished Oak Trim Master Garden Bath Flooring Upgrades Lighting Upgrades Appliance Upgrades Security System Vaulted Ceilings in Master Bedroom GUARANTEES I0 -Year Structural Warranty 2 -Year Mechanical System Warranty 1 -Year Material and Workmanship Warranty Name Brand Manufacturer's Warranty SCHEDULE J PHASING OF CONVEYANCE OF TRACTS OF REDEVELOPMENT PROPERTY TRACT I (to be conveyed to Redeveloper by April 15, 20{14): Street Address PIN 5518 Winnetka Ave N ...............................................I.................... 05-118-21-33-0017 5524 Winnetka Ave N.................................................................... 05-118-21-33-0002 5532 Winnetka Ave N.................................................................... 05-118-21-330018 5340 Winnetka Ave N................................................................... 08-118-21-22-0001 5400 Winnetka Ave N.................................................................... 05-118-21-33-0005 5406 Winnetka Ave N.................................................................... 05-118-21-33-0008 5410 Winnetka Ave N.................................................................... 05-118-21-33-0010 5412 Winnetka Ave N.................................................................... 05-118-21-33-0009 5420 Winnetka Ave N.................................................................... 05-118-21-33-0011 --- Winnetka Ave N (unassigned; rear of 5420) .1............I.......... 05-118-21-33-0012 5422 Winnetka Ave N..-.. ............................................................... 05-118-21-33-0013 TRACT H (to be conveyed to Redeveloper by June 1, 2004 if practicable, but no later than July 1, 2004) — At the Authority's election, all of the parcels listed in group O below, or all of the parcels listed in group ® below: Street Address PIN tD 5434 Winnetka Ave N.................................................................... 05-118-21-33-0014 5440 Winnetka Ave N.................................................................... 05-118-21-33-0015 5446 Winnetka Ave N.................................................................... 05-118-21-33-0016 5500 Winnetka Ave N.................................................................... 05-118-21-33-0003 5506 Winnetka Ave N.................................................................... 05-118-21-33-0004 5512 Winnetka Ave N.................................................................... 05-118-21-33-0006 or D 7615 Bass Lake Road ..................................... ............................. 05-118-21-33-0028 7605 Bass Lake Road..................................................................... 05-118-21-33-0088 7609 Bass Lake Road..................................................................... 05-118-21-33-0089 7643 Bass Lake Road..................................................................... 05-118-21-33-0023 7601 Bass Lake Road..................................................................... 05-118-21-330091 7603 Bass Lake Road..................................................................... 05-118-21-33-0087 7621 Bass Lake Road..................................................................... 05-118-21-33-0027 5520 Sumter Ave N........................................................................ 05-118-21-33-0085 5530 Sumter Ave N........................................................................ 05-118-21-33-0029 5538 Sumter Ave N........................................................................ 05-118-21-33-0024 5546 Sumter Ave N........................................................................ 05-118-21-33-0025 5559 Sumter Ave N........................................................................ 05-118-21-33-0082 — Sumter Ave N (portion of Sumter ROW east of 5559).......... 5537 Sumter Ave N........................................................................ 05-118-21-33-0022 5531 Sumter Ave N........................................................................ 05-118-21-33-0026 Bass Lake Road (unassigned; strip between 7801 Bass Lake Rd & 5559 Sumter Ave N) ......................... 05-118-21-33-0081 Bass Lake Road (unassigned; strip between 7801 Bass Lake Rd & 5537 Sumter Ave N) ......................... 05-118-21-33-0083 Portion of Sumter Ave N within Redevel. Property, to be vacated. J-1 TRACT III (to be conveyed to Redeveloper by Sept. 1, 2004) — All of the parcels listed in group D or group © above that were not conveyed as Tract II. The Authority shall convey all of the following parcels with Tract II if it is able to do so but otherwise with Tract III: Street Address PIN 5540 Winnetka Ave N.................................................................... 05-118-21-33-0007 5550 Winnetka Ave N.................................................................... 05-118-21-33-0019 7801 Bass Lake Road..................................................................... 05-118-21-33-0021 7809 Bass Lake Road..................................................................... 05-118-21-33-0020 5519 Sumter Ave N........................................................................ 05-118-21-33-0084 J-2 SCHEDULE K PAYMENT SCHEDULE 1. (a) Subject to Section 7.6, the Redeveloper shall make the scheduled payments ofthe Purchase Price set forth below on each payment date set forth below. Payment Date April 15, 2004 .................................. Closing on Tract 11 ....................... October 1, 2004 ................................ January 1, 2005 ................................ April 1, 2005 ..................................... July 1, 2005 ......................................... October 1, 2005 ................................ January 1, 2006 ................................... April 1, 2006 ....................................... July 1, 2006 ......................................... October 1, 2006 ................................... January 1, 2007 ................................... April 1, 2007 ....................................... July 1, 2007 ......................................... October 1, 2007 ................................... January 1, 2008 ........................•.......... Amount of Payment $ 218,750 218,750 12,500 x number of units sold and closed by 9130104, less $437,500 12,500 x number of units sold and closed from 10/1104 to 12/31/04 12,500 X number of units sold and closed from 111105 to 3131105 12,500 x number of units sold and closed from 411105 to 6131105 12,500 x number of units sold and closed from 7/1105 to 9131105 200,000 150,000 150,000 100,000 200,000 150,000 150,000 80,000 53,750 TOTAL ............................................... $ 3,421,250 (b) The scheduled payment on the following payment dates shall be increased if necessary so that the total Purchase Price amount which will have been paid as of such payment date, including such scheduled payment, shall not be less than the amount set forth below for such payment date: April 15, 2004 ..................................... Closing on Tract 11 .............................. October 1, 2004 .................................. January 1, 2005 ................................... April 1, 2005 ....................................... July 1, 2005 ........................................ October 1, 2005 .................................. K-1 $ 218,750 437,500 787,500 1,137,500 1,487,500 1,837,500 2,187,500 2. (a) The Purchase Price of $19,550 per unit shall be reduced in the event that units are completed and Certificates of Completion issued by December 31, 2008 as follows: (i) The Purchase Price per unit shall decrease by $7,050 with respect to units completed by December 31, 2006; (ii) The Purchase Price per unit shall decrease by $4,700 with respect to units completed between January 1, 2007 and December 31, 2007, inclusive; and (iii) The Purchase Price per unit shall decrease by $2,350 with respect to units completed between January 1, 2008 and December 31, 2008, inclusive. (b) Any reductions in the Purchase Price earned pursuant to subparagraph (a) above shall be credited on a quarterly basis against scheduled payments in order of maturity, commencing with the scheduled payment due on January 1, 2006. To the extent that a reduction exceeds the amount of a scheduled payment, the excess shall be credited against the next scheduled payment. Reductions earned after the Rcdeveloper has made its final scheduled payment on January 1, 2008 shall be remitted by the Authority to the Redeveloper on a quarterly basis. K-2 IT. SCHEDULE L DEVELOPMENT COST AND RESPONSIBILITY ALLOCATION Description Redeveloper Authority Pre -Closing NIA ENGINEERING DESIGN 1. Topographic Sury X 2. Earthwork Computations a. Rough Grading X b. Finish Grading X 3. Flood Plan/Wetland Studies X X 4. ALTA Survey X X 5. Soils Tests/Borings X 6. Site Analysis for Water, Sanitary, and Storm Sewer Capacity and Availability X X X 7. Preliminary Public Im rovement Plans X 8. Final Construction Plans a. Development Site Plans X b. Plat Preparation X c. Plat Recordation X d. Grading, Erosion, and Storm Sewer X e. Water and Sewer Lateral and Services Plans X f. Water and Sewer Trunk Plans X X g. Street Plans X h. Sumter Ave Remove and Turn Around Plans X i. Perimeter Landscape Plans X '. Lot/Foundation Landscape Plans X 9. Architectural Design Plans X 10. Model Building Plans X FINANCIAL SECURITIES SURETIES and FEES 1. City Development Fees X 2. City Plat Application Fees X 3. Ci Engineering Fees X 4. Grading Permit Fee X 5. Storm Water Fees X 6. Park Dedication or Fees X 7. MPCA and MN Health Dept. Dev. Fees X t 8. Grading and Erosion Control Surety X f 9. Public Improvements Surety X 10. Public Improvement Maintenance Surety X 11. Landscaping Surety (if required - common areas and ri is-of-wa X 12. Recreation Facilities SuretyX 13. Water and Sewer Connection Fees to Constructed Residence X I-1 M. IV. Description Redevdo er Authority PmClosia NIA 14. Telephone, Electric and Gas Fees a. Bury Existing Overhead Electric and Telephone Lines along Winnetka and Bass Lake Road X b. On Site Mainline Construction X c. On Lot Service to House �X d. Street Lights X _ e. Winter Construction Charger, X f. On Site Removals X g. On Site Relocation of Existing Mainline X X 15. Building Permit Fees X X 16. MPGA Fees associated with existing LUST site X GOVERNMENTAL & HOA & CONDO & ARCHITECTURAL AGREEMENTS I . Preparation of Governing Documents of HOA for Subdivision i a. Preparation X b. Amendments to Documents X c. Administration and Enforcement X d. Approval by FHA, VA and FNMA X e. Architectural Restrictive Covenants X 2, Public Improvements and/or Development Agreements X X 3. Watershed and Storm Water Management Maintenance Agreement X X 4. Public Utilities (Electric, Gas, Phone and Cable) Site Construction Agreements a. On Site Mainline Construction X b. Relocation of Existing Public Utilities X 5. MPCA DRAP for existing LUST site X CONSTRUCTION SURVEYING SERVICES 1. Clearing and Grading Stakeouts a. Grading Limits Erosion Control, Wetland X b. Excavation Stakeout/Mass Grading for Rights -of -Way and Lots X c. On Lot(Rough Gradin X d. Building Pad As-Builts X 2. Sanitary,Storm and Water Stakeouts X 3. Trunk Improvements X X 4. Curb and Gutter Stakeout X 5. Sumter Tum Around X 6. Tel hone Electric, Gas and Cable TV Control Stakeout X 7. Final Lot Irons X 8. Lot Surveys X 9. Public Im mvement As -Built X 10. Traverse Controls and Benchmarks X L-2 V. VI. Oestri tion I Redeveloper I Anthori Pre -Closing NIA CLEARING GRADING AND EROSION AND SILTATION CONTROL 1. Demolition and Removal of Existing Homes, Businesses, Wells, and Septic Tanks X ,2. CIean up of existing LUST site X I On Site Clearing and Gradin Ea. On Lot Rough Grading X ' b. On Lot Finish Grading X c. House Excavation and Foundation X 4. Fill Compaction and Certification i a. Areas of Fill from Demolished Structures X b. Site Fill Areas from Mass Grading X 5. Site Material Balance X 6. Erosion and Siltation Control a. Installation _ i. Installation Per Final GradinS Plan X ii. On Lot(Rough Gradin X iii. On Lot ouse Construction X b. On Lot Maintenance Prior to Lot Takedown X c. On Lot Maintenance After Lot Takedown X d. Removal of Sediment Control Ponds silt traps) only X e. Removal of Other Soil, Vegetation and hn rovements X 7. Erosion Control Seeding X SANITARY SEWEX STORM SEWER AND WATERLINE INSTALLATION I. Sanitary Sewer a. Trunk Improvements X X b. Lateral Improvements X C. Install Sanitary Svcs. from main to stub at prop. line X d. Install Sanitary Pre -Installs (from stub at property line into house)X e. Removals of Existing Trunks and Laterals X £ Obtain Governmental Acceptance of System X 2. Water a_ Water Mains Trunks _ X X b. Water Main Laterals X c. Install Waterline Services from main to curb box X d. Install Curb Boxes X e. Install Waterline Pre -Installs from curb box into house X f. Irrigation Water Service X Removal of Existing Water Main Trunks and Laterals X h. Obtain Governmental Acceptance of System X 3. Storm Sewers a. Storm Sewers Serving More Than Site X X b. Site Specific Storm Sewer System X c. Removal of Existing Storm Sewers X 4. Storm Water Management Facilities and _ a. Construction X b. Maintenance X L-3 VII. IX. X. Deacri tion Redeveloper Ant rity Pre -Closing N/A PUBLIC UTILITIES 1. Coordination and Installation a. Gas X b. Electric X c. Street Lighis X d. Phone i X e. Cable TV X `2. Coordination of Burying Existing Overhead Utilities on Winnetka Ave and Bass Lake Rd X 3. Coordination of Removal of all Existing Services on Site X STREETS SIDEWALKS '1. Public Streets X 2. Private Streets X 3. Private Alleys X 4. Interior Public Sidewalks (right of wv X 5. Interior Common Area Sidewalks X 6. Bass Lake Road and Winnetka Ave Sidewalks X 8. Irrigation Sleeving X 9. Public Utility Sleeving X 10. Removal of Sumter Ave X 11. Sumter Ave Turnaround X LANDSCAPING 1. Seedin Sodding/Installation and Maintenance a. On Site Seeding (Rights -of -Way, Common Areas and Entrance Features) X b. On Lot Final Sodding or Seeding X 2. Landscaping and Trees/Imtallation and Maintenance a. Offsite b. On Lot/Foundation Landscaping X c. Boulevard Trees X d. Perimeter Landscaping X MISCELLANEOUS 1. Street Signs X 2. Mailboxes X 3. Retaining Walls X 4. Entrance Features and Monuments X 5. Fencing a. Perimeter X b. On Lot/Foundation X 6. Off Site Park X L-4 CITY OF NEW HOPE PLANNED UNIT DEVELOPMENT DISTRICT AND SITE IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into by The Ryland Group, Inc., a Maryland corporation (the "Redeveloper") and the City of New Hope, a Minnesota municipal corporation (the "City"), this,,26� day of April, 2004. WHEREAS, on March 8, 2004, by Resolution No. 2004-54, the City Council approved, subject to certain findings and conditions, the Redeveloper's request for the re -zoning of certain real property located in the City of New Hope, County of Hennepin, State of Minnesota and legally described on Exhihit A attached to and made a part of this Agreement (hereinafter "Property") to allow integrated construction of residential condominiums and townhomes as set forth in Planning Case 04-01; and WHEREAS, on March 8, 2004, by Resolution No. 2004-54, the City Council also granted, subject to certain fundings and conditions, the Redeveloper's request for approval of a preliminary plat to facilitate redevelopment of the Property; and WHEREAS, on March 8, 2004, by Resolution No. 2004-54, the City Council also approved, subject to certain findings and conditions, the Redeveloper's general concept plan for redevelopment of the Property and the Redeveloper's development stage plan for planned unit development of the Property; and WHEREAS, the conditions relating to the City Council's preliminary plat approval for the "Winnetka East" and "Winnetka Green" portions of the Property are outlined in Resolution No. 2004-54, as follows: The City's Planning Commission agrees to waive review of the final plat 2. Compliance with plat recommendations of the City's City Engineer 1 3. Resolution of issues raised by Hennepin County before the final plat is processed for approval by the City Council; and WHEREAS, the conditions relating to the City Council's approval of re -zoning of the Property, conditions relating to approval of the Redeveloper's general concept plan for redevelopment of the Property, and conditions relating to approval of the Redeveloper's development stage plan for planned unit development of the Property are outlined in Resolution No. 2004-55 as follows: 1. Execution of a Planned Unit Development District/Site Improvement Agreement 2. Furnishing of all documents necessary for final planned unit development administrative approval 3. Compliance with recommendations outlined in the City Engineer's memo of February 26, 2004, attached to and made a part of this Agreement as Exhibit RR 4. Compliance with recommendations of the City Building Official as outlined in Fxi,ihit C" attached to and made a part of this Agreement, including obtaining required permits and submitting plans for review as soon as possible 5. Compliance with the City Attorney's recommendations regarding minor revisions to the Redeveloper's Homeowners' Association documents, as outlined in Fxhibit 1l attached to and made a part of this Agreement, with final Association documents to include appropriate leasing timeframes under applicable ordinances, guidelines and regulations. 6. Continued coordination with the West Metro Fire District in order to ensure that redevelopment of the Property complies with applicable codes 7. Compliance with the conditions outlined in the City Planner's memo of February 25, 2004, including the Comprehensive Plan amendment, which memo is attached to and made a part of this Agreement as Exhibit F. S. Integration of project fencing with fences of adjacent property owners 9. Removal of snow storage at the end of the areas shown as "Drive H" and "Drive I" in the plans attached to and made a part of this Agreement as Rrbihif F and coordination with grading plan 10. Investigation of sale of the portion of the Property known as the "bump out" to two (2) adjacent landowners 2 11. Planting of sufficient shrubs around the townhome air conditioning units and by transformers, as shown in the plans attached to and made a part of this Agreement as Rybibit F, provided that the plans may be altered as to the transformers if required by electric or gas companies 12. Doubling of the totals for plantings presented to the City Council on March 8, 2004, with respect to landscaping along "Street A" (as shown in the plans attached to and made a part of this Agreement as F; hihit T), specifically in the area of the Property that is adjacent to rear yards of Sumter Avenue properties. The Redeveloper is further required to consider optional plantings on the east side of the fence. Also, the Redeveloper is to consult with neighbors in the fence area and increase the fence height by up to 16 inches and install berms, as appropriate. NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1INCORPORAIJON OF REMALS. The recitals above are incorporated herein by reference, specifically including the conditions placed on the City's approval of the Redeveloper's requests for re -zoning of the Property and the City's approval of the Redeveloper's proposed preliminary plat, general concept plan, and development stage plan for the Property. (A) The Redeveloper's exterior improvements to the Property (collectively, the "Work') shall include, but not be limited to, demolition and grading, landscaping, streets, drives, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fences, fire lanes, sidewalks, and trash disposal enclosures. The Work shall be performed to the City's satisfaction and shall conform in all respects to the terms of this Agreement and the plans and specifications for planned unit development set out in the documents attached to and made a part of this Agreement as Exhibit E. including any approved subsequent amendments made in compliance with this Subsection 2(A). Performance of the Work shall also comply with all applicable codes, ordinances, standards, and policies of the City. (B) In the event that the drawings or text -of a portion of Exhibit F deviates from condition outlined elsewhere in this Agreement, the condition specified outside of Exhibit F shall control unless the parties have by mutual consent amended this Agreement to provide otherwise. (C) Changes to the plans included in Fybihit F may be made only with approval of the City as part of the final approval process for planned unit development of the 3 Property. After the City's approval of the final plans for planned unit development, any amendment to the final plans will require a formal proceeding for planned unit development amendment. (D) If not already incorporated into Exhibit FF to the reasonable satisfaction of City staff, the final plans for planned unit development of the Property shall include the following: (i) installation of individual water meters for each townhome and condominium unit (ii) Placement of address numerals on the driveway side of each unit (iii) Provisions for allowing the Redeveloper to do a "pre -installation" of water and sewer lines to each unit, with a pledge by the Redeveloper to re -install such lines back to the curb stop in the event of line damage prior to completion of installation work (iv) Payment by the Redeveloper of a Park Dedication Fee in the amount of Eighty Five Thousand Five Hundred Forty and 501100 Dollars ($85,540.50) (A) To secure performance of the Work and the administration of this Agreement the Redeveloper shall, before any of the Work is started or building permits for the Property are issued, provide a performance bond, irrevocable letter of credit, or other form of financial security in the amount of Two Million and No/100 Dollars ($2,000,000.00) with surety and conditions satisfactory to the City. The financial guarantee provided shall continue in full force and effect until the City Council approves and accepts all of the Work undertaken by the Redeveloper and releases the surety and/or the Redeveloper from any further liability, and until all administrative costs relating to this Agreement are paid in full and all certificates of occupancy for the Property have been issued by the City's Building Official indicating compliance with the application requirements and building code of the City. (B) The City Council may reduce the amount of the financial guarantee from time to time upon request of the Redeveloper as portions of the Work are completed, provided that such request is accompanied by a recommendation by the City's Building Official and/or City Engineer and further provided that payments of all outstanding administrative costs for this Agreement are current. As the City Council approves such reductions, the City shall be entitled to retain a sum 4 equivalent to up to one hundred fifty percent (150%) of the estimated value of the remaining Work to be performed and/or paid for by the Redeveloper. •�fl' •► • f. •;.1►• I • s M � Vii► (A) The Redeveloper agrees that each phase of the Work shall be completed in its entirety on or before the applicable date shown in the plans attached to and made a part of this Agreement as Exhibit F, except as such periods are extended by resolution of the City Council, or by the City taking no action to require completion hereunder on a timely basis. It is understood and agreed that failure of the City to promptly take action to draw upon the bond or other security to enforce this Agreement after the expiration of the time in which a portion of the Work is to be completed hereunder will not waive, estop or release any rights of the City and the City can take action at any time thereafter to require completion of that portion of the Work, and/or payment for same. Furthermore, the term of this Agreement shall be deemed to be automatically extended until such time as the City Council declares the Redeveloper in default thereunder, and the statute of limitations shall not be deemed to commence running until the City Council has been notified in writing by the Redeveloper that the Redeveloper has either complied with the terms for completion of the applicable portion of the Work under this Agreement, or that it refuses to for any reason. These provisions shall be applicable to any person or entity who shall give a financial guarantee to the City as required by this Agreement. (B) The Redeveloper will provide the City with written notice when a phase of the Work has been completed. Upon receipt of such notice the City will, subject to Subsection (C) below, provide, in a foam reasonably acceptable to the Redeveloper, a notice of satisfaction which may be recorded with the Hennepin County Recorder and/or Registrar (the 'Notice of Satisfaction"). Recording of the Notice of Satisfaction shall be at the cost of the Redeveloper. A Notice of Satisfaction for a phase of the development of the Property shall be a conclusive determination and shall function as conclusive evidence of the satisfaction and termination of the agreements and covenants in this Agreement with respect to the Work to be performed for the phase identified in that Notice of Satisfaction. (C) In the event that the City believes that the Redeveloper has failed to complete a phase of the planned unit development of the Property, the City shall, within twenty (20) days after written notice from the Redeveloper stating that the phase has been completed, provide the Redeveloper with a written statement indicating in adequate detail in what respects the City believes that the Redeveloper has failed to complete the phase in accordance with the provisions of this Agreement, and what measures or acts will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain a notice of satisfaction for the phase. 5 (D) Notices of Satisfaction for the Property shall be limited to certification of satisfactory performance of a portion or portions of. the Work required by this Agreement, and shall not be determinative of or function as conclusive evidence of satisfaction or termination of the use and performance standards included in the plans attached to and made a part of this Agreement as Exhibit F, nor shall Notices of Satisfaction be determinative of or function as conclusive evidence of satisfaction or terrnination of the use and performance standards contained in the final plans for planned unit development of the Property. 5. COST OF WORK Unless specifically assumed by the City's Economic Development Authority in the Contract for Private Redevelopment made by and between the City's Economic Development Authority and the Redeveloper and dated as of March 19, 2004, as may be amended from time to time by mutual written consent of those parties, the Redeveloper shall pay for all costs of persons or entities doing the Work or famishing skill, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same, and the City shall be under no obligation to pay the Redeveloper or any subcontractor any sum whatsoever on account thereof, whether or not the City shall have approved the subcontract or subcontractor, and. the Redeveloper and its surety shall, consistent with the hold harmless provisions of this Agreement, hold the City harmless against any such claims, and provide the City with all necessary lien waivers. 6. DIFFAi JIT. In the event of default by the Redeveloper as to any of the Work to be performed by the Redeveloper hereunder, the City may, at its option, perform the Work and the Redeveloper shall promptly reimburse the City for any expense incurred therein by the City, provided that the Redeveloper is first given written notice by United States Mail of a description of the portion of the Work in default and required to be done by the Redeveloper, not less than seven (7) days being given thereby to the Redeveloper to remove the default status, said notice being addressed to the Redeveloper at the address set forth below. The parties hereto specifically agree that notice given in this manner shall be sufficient as described. Notice to the Redeveloper shall also constitute, without further action, notice to any contractor or subcontractor, whether they are approved and accepted by the City or not. In the event of emergency, as determined by the City's City Engineer, the seven (7) day notice requirement to the Redeveloper shall be and hereby is waived in its entirety by the Redeveloper, and the Redeveloper shall reimburse the City for any expense so incurred by the City in the same manner as if mailed notice as described above had been given. It is understood by the parties, however, that the responsibility of the Redeveloper is limited by strikes and force majeure. 7. RESTRICTIONS ON i I SF.. The Property shall be used and maintained in compliance with the residential and common space use provisions outlined in the documents attached to and made a part of this Agreement as Exhibit F, which documents shall be amended in compliance with the terms of this Agreement, including but not limited to the terms outlined in the recitals above, as part of the approval process for the final plans for the planned unit development of the Property. 8. -COMMON OPEN SPACE MA1NTF.NANC`.F. The Property's common open space shall be permanent and shall be operated and maintained continually by a homeowner's association as detailed in the documents attached to and made a part of this Agreement as Exhihit.E, which details shall include, but not be limited to, standards for operation and provisions establishing that the homeowners' association will be responsible for liability, insurance and local taxes with respect to the common open space of the Property. •a • or-nuuffily ME (A) The City Council approved the re -zoning, platting and planned unit development of the Property subject to certain conditions including, but not limited to, completion of the Work. As an additional remedy separate and independent from any other remedy available to the City, upon the Redeveloper's failure to file final plans for planned unit development of the Property and to proceed with development in accordance with the applicable provisions of the City Code and/or the approved development stage plan for the Property, the City's planned unit development approvals for the Property shall expire. In any case where development plan approval expires, the City Council may adopt a resolution stating the approvals have expired and repealing the general concept and development stage plans for that portion of the planned unit development of the Property that has not received final plan approvaland re-establishing the zoning and other code provisions that would otherwise have been applicable to the Property. (B) With respect to the remedy outlined in Section 9(A) above, the Redeveloper acknowledges that it on or before September 8, 2004, the Redeveloper must file a final plan with the City covering at least the area designated as the fust stage in the development stage plan for the Property. In the event that final plans for the first stage are not filed by that date, the City Council's approval of the development stage plan for the Property shall expire. Notwithstanding any of the foregoing language in this Subsection, the City Council may at its discretion and for good cause shown extend this date for not more than six months where the Redeveloper has established that an extension is necessary. 10, T+IMTTA'I:T(}N ON TWAT, PLAN APPROVAL Subject to "Unavoidable Delays", as that term is defined in the Contract for Private Redevelopment made by and between the City's Economic Development Authority and the Redeveloper dated as of March 19, 2004, as may be amended from time to time by mutual written consent of those parties, construction on the Property must begin in accordance with final plans for planned unit development of the Property within one (1) year after the City's approval of such plans, or such shorter time as may be established in the development stage plan for the Property. Failure to commence construction within the required time period shall, unless an extension shall have been 7 granted by the City for good cause shown, automatically render void the planned unit development for the Property. In such case the City Council shall adopt a resolution repealing its approvals for the Property and re-establishing the zoning and other provisions that would otherwise have been applicable to the Property had the City not entered into this Agreement. 11. RFC OET)TNC'T OF FTNAT . PLANS. Subject to Unavoidable Delays, final plans for planned unit development of the Property, or such plan portions as are appropriate as deemed by the City, must be recorded with the County Recorder and/or Registrar by the Redeveloper or, at the City's election, by the City within sixty (60) days of City approval. Recording shall be at the expense of the Redeveloper regardless of whether the Redeveloper or the City performs the filing. Promptly after such recording, certified copies of all relevant recorded documents shall be furnished to the City at the expense of the Redeveloper. 12. AT)MMSTRATTON/FNFORCF.MFNT (-QSTS. The Redeveloper agrees to reimburse the City for the actual costs to the City associated with Planning Case 0401 and the creation and enforcement of this Agreement or any portion thereof, including, but not limited to, engineering and attorney's fees. The Redeveloper agrees that the financial guarantee required by Section 3 of this Agreement shall not be released until all such costs have been paid to the City and all other release requirements of Section 3 of this Agreement have been satisfied. 13. 14OL) uARMT.F.SS. The Redeveloper agrees to indemnify and hold harmless the City and its agents, employees, and representatives against any and ail claims, demands, losses, damages and expenses (including, but not limited to, attorney fees) arising out of or resulting from the Redeveloper's negligent or intentional acts, or from any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents, employees, or representatives, or failure by the City, its agents, employees, or representatives to take any other prudent precaution. In the event that any City employee, agent or representative shall come under the direct or indirect control of the Redeveloper, or in the event that the City, upon the failure of the Redeveloper to comply with any conditions of this Agreement, performs said conditions pursuant to the financial guarantee, the Redeveloper shall indemnify and hold harmless the City, its employees, agents and representatives for its/their own negligent or intentional acts in the performance of the Redeveloper's required work under this Agreement. Notwithstanding any of the preceding language of this Section 13, the Redeveloper shall have no obligation to indemnify and hold harmless the City and its agents, employees, and representatives for matters caused directly by the willful misconduct or gross negligence of the City, its agents, its employees, and/or its representatives. 14. NOTICE The address of the Redeveloper for purposes of this Agreement is as follows, and any notice mailed by the City to this address shall be deemed sufficient notice under this Agreement until notice of a change of address is given to the City in writing: The Ryland Group, Inc. 7600 Executive Drive Eden Prairie, MN 55344 Attn: Wayne Soojian, Operational Vice President Fax: 952-229-6024 15. ISEMER ARTT TTY. If any portion, section, subsection, paragraph, sentence, clause or phrase of this Agreement :s for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 16. SiTCMSSTON. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. IT ARATTRATION. The City and the Redeveloper agree that except for equitable remedies, which the parties may (but are not require to) pursue in court, all disputes hereunder shall be settled by binding arbitration pursuant to the same provisions outlined in Contract for Private Redevelopment made by and between the City's Economic Development Authority and the Redeveloper and dated as of March 19, 2004, as may be amended from time to time by mutual written consent of those parties. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF NEW HO 11.1kTAyor By: zz its Ci M tity .1 p;lAttp 1545611'. M9-15059-MD4R D Mtrict and Sipe ImprwAm= t AVv m u 4-21.44 - clean Mdoo 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _,� (o clay of 2004, by DON COLLIER and DANIEL J. DONAHUE, the Mayor and Manag r, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public Seamans f'�• VA�ERIEJ. LEONE • + NOTARY PUBLIC -MINNESOTA My Commission Expires Jan.31,20G5 rd 10 STATE OF MINNESOTA ) _ ) ss. COUNTY OF ) The foregoing instrument 2004, the V respectively, of I said THE RYLAND GROUP, INC. By: ItsP By: Its was acknowledged before me this �� day of by �1 and Cf� P�idr✓i'1 and '"f5 a1�YlAMiw meats. COM2rcf it}-, on behalf of Notary Public JENSEN & SONDRALL, P.A. (CMK) 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (763) 424-8811 r SHARON I } fEG13 NOTARY PUBLIC - AAMN@BOTA + My COMMISSION EXPIAE3 JANUARY 31, 2M LEGAL DESCRIPTION [Insert Legal Description] 12 Bonestroo Rosene Anderlik & Associates Engineers & Architects TO: Kirk McDonald FROM: Vince Vander Top Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G_ Bonestroo, P.E. - Marvin L. Sorvala, P.E. - Glenn R. Cook, P.E. - Robert G. Schunicht, P.E. - Jerry A. Bourdon, P.E. - Mark A. Hanson, P.E. Senior Consultants: Robert W. Rosene, P,E. - Joseph C. Anderlik, P.E. - Richard E. Turner, P.E. - Susan M. Eberlin, C.P.A. Associate Principals: Keith A. Gordon, P.E. - Robert R. Preffarle, P.E. - Richard W. Foster, P.E. - David 0. Loekota, P.E. - Michael T. Routmann, P.E. - Ted K. Field, P.E. - Kenneth P. Anderson, P.E. - Mark R. Rods, P.E. - David A. Bonestroo, M.B.A. - Sidney P. Williamson. P.E., L.S. - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, P.E. - Thomas W. Peterson, P.E. - James R. Maland, P.E. - Mlles B. Jansen, P.E. - L. Phillip Gravel Iff, P.E. - Daniel J. Edgerton, P.E. - Ismael Martinez, P.E. - Thomas A Syfko, P.E. - Sheldon J. Johnson - Dale A. Grove, P -E. Thomas A Rousher, P.E. -Robert J. Devery, P.E. Otflces: St. Paul, St. Cloud, Rochester and Willmar, MN - Milwaukee, WI - Chicago, IL Website: www.bonestmo.com CC: Mark Hanson, Guy Johnson, Jason Quisberg DATE: February 26, 2004 SUBJECT: Winnetka East Redevelopment Area Revised Plan Review Our File No. 34 -Gen E03-11 We have received the revised preliminary plans and have met on numerous occasions with the developer and engineer. The meetings have been usefitl in reducing the number of engineering and public works issues/concerns. Continuing items are listed below. Some items are repeated from previous reviews. Items not repeated from previous reviews may still be applicable. Preliminary Plat 1. Public ROW and easements will need to be shown on the plat. The easements can be finalized after all utility issues are finalized. 2. Drainage and Utility easement is shown over the first 5 feet of the lots adjacent to the Public Works ROW. Previously this had been discussed as a 10 -foot easement. This should be clarified. 3. The City should discuss if drainage and utility easement over all of Lot 25, block I and Lot 98, Block 2 is desired. We have discussed only retaining easement over public utilities. The concern with a "blanket" drainage and utility easement is that it could imply City ownership of other private utilities within the easement. The developer has discussed a preference for a "blanket" easement as shown to facilitate work with private utility companies. Both concerns have merit. A final approach should be discussed. 4. Hennepin County has just completed traffic counts at key intersections around the site. This information will be used to review turn lane and future geometric requirements. These requirements, in turn, will dictate County Road ROW requirements and ultimately could impact the preliminary plat. The City and developer will continue to work with the County on this issue. It is not clear at this time that the plat needs to be changed but that potential still remains. 2335 West Highway 36 a St Paul, MN 55113 • 651-636-4600 . Fax: 651-636-1311 Existing Conditions The applicant should work with the City and private utility companies to document existing overhead and underground utilities. We have met .with private utility companies. The developer will continue this coordination. 6. The City is continuing coordination with Xcel Energy in efforts to bury all overhead utilities along Winnetka Avenue and Bass Lake Road. The City will coordinate a project to facilitate the burial of these overhead utilities and in conjunction replace the sidewalks along the County Roads. This effort will require continued effort and coordination between Xcel, the County, the developer, and the City. The potential construction phasing of this project is to be determined. Preliminary Grading Plan 7. A pond will be graded in Elm Grove Park as part of the storm water requirements for Winnetka Green. The construction/grading of this pond should be discussed. It could be constructed as part of the mass grading for Winnetka Green or as part of the City park project. Soil borings will be required in the ponding area. 8. The estimated first floor elevation of all adjacent properties is shown on the plans. In general, the units in the development will all be higher than adjacent homes. Site lines from the new units will be down and into adjacent properties. The six -foot -high perimeter fence will provide a significant amount of screening, however, additional screening could be considered. For example, the strategic placement of trees and landscaping could further enhance the screening. This should be considered in the Iandscaping plan and the actual placement during construction. 9. Light pollution from vehicles and street lights in this development cannot impact adjacent properties. A photometric plan must be submitted. The plan should also account for the impact of vehicle head lights. In some instances, head lights could shine over the perimeter fence into adjacent properties. Head lights will also have an impact to new residential units within the development. For example Lots 52 and 53 in Block 2 are directly in the head light path of northbound vehicles. 10. The transit stop location should be shown and coordinated with sidewalks. The location may be constructed with the city sidewalk project along the County Roads; however, is should still be described on these plans. 11. Storm sewer will need to be modified to eliminate (or minimize) the need for valley gutters. This comment was made previously. The intent was to replace valley gutters with additional catch basins if feasible. The intent was not to just eliminate valley gutters. This can be further clarified in the engineering review of final plans. 12. More detail has been provided for the pond along Winnetka Avenue. This is shown on the Preliminary detail page and landscaping plan. 2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 . Fax: 651-636-1311 a, We recommend that this pond be maintained as a private pond as the pond will be treating local storm water from the development. Previously, we had discussed the pond being maintained publicly. b. The western slope of the pond should be "armored/protected" in a specific area to protect from washouts when overflows from major rain events occur from Winnetka Avenue. This will need to be coordinated with the landscaping plan such that it is acceptable aesthetically. 13. The pond in Elm Grove Park will be sized and designed as part of the City's overall design of Elm Grove Park. This will be coordinated through Parks and Recreation. 14. Final stormwater calculations will need to be submitted. These calculations have been consistent with the City comprehensive review of the area. The City will submit the drainage calculations and City's comprehensive report to Shingle Creek Watershed for review. 15. Further consideration must be given to backyard drainage issues in properties adjacent to the development. The potential exists for the perception of increased runoff into adjacent yards. The developer will need to coordinate with the City in defining adjacent drainage areas to backyards and then comparing those areas to post - development areas. Runoff rates and quantities to adjacent backyards cannot be increased and every effort must be made to actually decrease runoff to those properties. Additional storm sewer in backyards may be required pending this review. 16. The Sumter Avenue cul-de-sac will need to be reconstructed as part of this project. The exact location of the cul-de-sac will dependent on whether 5519 Sumter is included in the project. The exact details may need to be finalized during construction. The cost of this reconstruction will be discussed with other trunk utility discussions. 17. An erosion control plan will be required as part of the submittal plan to the Watershed. Further definition including the location of erosion control devices will be required. Preliminary Utility Plan 18. The configuration of the utilities has been adjusted according to Public Works and Engineering Review. Additional meetings as required will be scheduled to finalize utility alignments and details. 19. The location of the St. Raphael forcemain must be adjusted based on previous Public Works comments. Based on the final forcemain alignment, the City will review impacts to the lift station including the pumps. Any required adjustments will be identified. 2335 West Highway 36 9 St Paul, MN 55113. 659-636-4600 • Fax: 659-636-9311 20. The water main configuration as shown should provide adequate flow and pressure. This was verified by modeling the area water main system according to f reflow requirements. Preliminary Street/Sign Plan 21. B618 curb and gutter is shown along the public street. The location of S-type curb and gutter must be discussed further. It appears consistent with requirements in recent staff meetings. The line work on the plans does not make the location of this curb type evident. 22. Site signage is shown generally. Further detail including sign materials, dimensions, and quantities will be needed in the final design. The Building Official shall review the location and type of all address and directional signs. All departments including fire, police, engineering, and public works will review traffic control signage. 23. Mailbox Iocations are shown generally along private drives as requested by Public Works. Only one location near Lot 26, Block 1 is adjacent to Public ROW. The location of mail boxes along private drives will minimize conflicts in the Public ROW for maintenance activities. 24. The developer will be required to work with private utility companies to identify acceptable location for utility service boxes. It is the intent to screen utility pedestals when feasibile. Preliminary Removal Pian 25. A preliminary removal has been prepared including the removal of existing utilities. The developer and City must coordinate regarding the responsibility for the removal of these utilities. We have prepared cost estimates for this work and will continue coordination with the developer. 26. Curb and gutter, sidewalk, and pavement removals along Bass Lake Road and Winnetka will be addressed through a City sidewalk project as discussed previously. 27. The City will coordinate the removal and reconstruction of the play equipment in Elm Grove Park. The City is currently preparing concept plans for the redevelopment of the park. Preliminary Details 28. The typical pavement sections for Public and Private streets, emergency accesses, trails, and sidewalks will need to be adjusted according to City standards. Select Granular, geotextile fabric, and drain tile will be required under the public street. The final section will be reviewed as part of the pavement design. The final design will be according to the requirements of the City Engineer. 2335 West Highway 36 - St. Paul, MN 55113. 651-636-4600 • Fax: 659-636-1311 29. City plates and details will be utilized for street and utility construction. These details will be coordinated during final design and subject to the approval of the City Engineer and Public Works Director. 30. Comments regarding the modular block wall: a. Retaining walls are modular block. The will need to be designed by a registered engineer. The City's structural engineer and building official will also need to review the design. b. Similar examples of a modular block wall design adjacent to water have been provided. This type of installation is feasible if properly designed. 31. Detail should be provided on the anticipated fountain type in the pond. 32. The railing detail must be reviewed by the City's structural engineer and building official. The relationship of the posts to the retaining will also be reviewed. Preliminary Landscape Plan 33. The City's Landscape Architect is currently reviewing the overall Iandscape plan. The suggested specie and placement will be reviewed for long-term success. 34. Landscaping recommendations for planting the filtration area in "551b Avenue extension outlot" are attached. It is the intent for this area to be natural. 35. The grading and drainage plan has also resulted in several depressions in turf areas such as median areas. These areas are also typically used for snow storage. Water will collect in these areas and could result in maintenance concerns, particularly if regular mowing is required. It could be considered, instead, to provide plantings and seeding at these low points. An example detail is attached for the low areas near Lots 52 and 53, Block 2. These naturally landscaped areas would buffer/enhance the storm water system, while providing an amenity. This type of landscaping is suggested for further review and has not been reviewed with the developer. 36. Some trees will be spaded for reuse. The location of reuse should be identified. We will review the potential for utilizing some of the spaded trees in the reconstruction of Elm Grove Park. 37. Any existing trees to remain in place should be identified. 38. Any other amenities such as gazebos, benches, etc. will need to be detailed as part of the final design. End of Memo 2335 West Highway 36 • St. Paul, MN 55113 a 659_636-4600 9 Fax. 651-636-1211 EXffiBIT C Memorandum To: Kirk McDonald From: Roger Axel P4 Date: 2-25-04 Subject: Winnetka Green I would Iike to provide additional comments for the Winnetka Green project proposed by Ryland Homes based on the most recent plans and narrative letter provided. Al Brixius has provided comments (12-1-03 memo) relative to the Comprehensive Plan Amendment, Rezoning, Preliminary. Plat, Vacation of Sumter Avenue and various PUD issues. I will not duplicate his comments. I agree with many of his concerns. Shelby Wolf also has provided comments (12-15-03 memo) relative to various MN State Fire Code requirements. Likewise, I agree with many of her comments and will defer fire related issues such as hydrant placement and fire access routes to West Metro Fire - Rescue. The narrative letter from Chris Enger, Ryland Homes, dated 2-19-04, has several issues that still have not been adequately addressed on the revised plans dated 2-20-04. These items include: Item #2. Buildings 24, 25,27 & 28 show a driveway length of approximately 15' to the public right-of-way along Street A. Buildings 60 & 61 show a driveway length of approximately 18'. This would result in parked vehicles projecting into the R.O.W. There is room behind each of these buildings to set them all deeper on the lots to increase the driveway lengths. I would rather see minimum rear setbacks to improve the short driveway issue. Provide templates showing clear garage floor area for two vehicles and two 90 -gallon trash/recycling containers. Item U. Ryland should address the water drainage issue at the condominium driveways at this time rather than after the buildings have started construction. Item #5. The public parking provided along the west and north sides of Street A results in an approximate traffic lane width of 18'-19' based on an 8'-0' parking stall width. AKIN State Fire Code requires a minimum 20' wide access route. Additional "No Parking' signs would need to be installed along Street A. Item V. The templates on Sheet 9 show delivery vehicle turning radii. The templates indicate extremely tight maneuvering areas. I also question whether private vehicles and garbage/delivery vehicles will be able to pass safely on Street A and the private Streets. The plans indicate no possible street width reduction because of snow accumulation. Item #8. There is not a'general rule' as stated by Ryland but rather the MN State Fire Code requires a maximum distance of 150' access to all exterior portions of residential buildings with more than two Group R-3 or U occupancies. Public safety and fire protection is a higher priority than not losing additional dwelling units. Item #9b. The knock down bollards design shown on Sheet D-1 indicates a 6 x 6 treated timber with a saw kerf at the base. This design would not work effectively because if the vehicle approaches the bollard from the side opposite the kerf, the post will only deflect the height of the saw kerf and will offer resistance to breaking, therefore not' breaking away' cleanly. If the vehicle approaches from the kerf side, the post will adequately break away. I would recommend a highway department standard type of breakaway bollards. Item #9e. The ground mounted mechanical equipment proposed for the auto service court side of the Town homes would have to be screened as this area would be defined as the front yard for the building. Our City. ordinance prohibits mechanical equipment in front yards so the PUD would specifically have to address this issue. Has the Gazebo and the fountain that was proposed on earlier plans been deleted? These comments only address specific planning and zoning related issues. No specific building plans have been submitted yet. Any building code related issues would have to be addressed at time of permit application. I would encourage Ryland Homes to submit a preliminary set of plans for each building type for a cursory review prior to final building design. I was contacted by their design group on January 12, 200$ regarding construction related questions and suggested at that time that they submit preliminary plans. I have had no contact from their design group since. 9 Page 2 EXHIBIT D DOUGLAS J. DEBNEle GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARI►. 11ZINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail lawCa jensen-sondrall.com February 27, 2004 VIA E-MAIL TO kmcdonaldQci.new-ho e.mu.us AND BY REGULAR U.S. MAIL Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Ryland Homes Development/Winnetka Green Our File No.: 99.11287 Dear Kirk: Writer's Direct Dial No.: (763) 201-0211 e-mail sasiajensen-sondrall.colu In connection of the application of Ryland Homes to develop a residential planned unit community known as Winnetka Green, the developer has submitted (together with its preliminary plat) -sample association documents for creation of a master association, a condominium association and townhome style single-family residential community. The documents submitted are based on a development "Riverside Grove" which was apparently developed by Ryland Group, Inc. in Shakopee, Minnesota, however the unit type mix of its New Hope development is similar. Based upon my review of the documentation provided, and the applicable Minnesota Statute (Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B) the documents comply with the applicable statute for a residential planned community. Although in compliance with applicable statutory requirements, I suggest for consideration by the City and developer the following: 1. The Master Declaration, Section 53, grants the City and other applicable governmental authorities a non-exclusive easement to perform City responsibilities. The language ". provided, the City is granted this discretionary right and easement solely as a precautionary power to deal with future unforeseen circumstances" should be deleted. 2. The documentation and Minnesota Statutes Chapter 515B anticipate enforcement of the applicable declaration provisions by the created Association. The City should be able to act if the Association fails to enforce the provisions of the Declaration. I suggest adding a section substantially as follows. Section 4 Rights Granted to the City of New Hope X.1 P ose. The City of New Hope has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of New Hope is concerned that all conditions requested by the City of New Hope are complied with and that the Development is improved and maintained in accordance with the plan contemplated by this Declaration and approved by February 27, 2004 Page 2 the City. X.2 Release of Liability. The Declarant; for itself, its successors and assigns, and by accepting a conveyance of a Unit, any Owner, for itself, its family and invitees, release and shall forever hold harmless the City of New Hope (including its elected and appointed officials, employees, servants and agents) from all liabilities for enforcement or for non -enforcement of this Declaration, and further expressly acknowledge that the City of New Hope is not obligated to perform or to enforce performance by the Declarant, the Association or others, any obligations contained in this Declaration. X.3 S ecific Rights Enforceable by the CiIy of New Hope. The City of New Hope, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Section 5 [Easements], Section 7 [Maintenance of Development], Section 8 [Use Restrictions], and Section 9 [Architectural and Landscape Standards] of this Declaration. X.4 Notice and Procedure. In the event the Declarant and/or the Association fail to perform any obligation referred to in Section X.3 above, the City of New Hope may, after ten (10) days written notice to the Declarant, and/or the President or Secretary of the Association, perform such obligations (directly or with contract personnel or personnel of the City of New Hope). The Declarant, Association and all Owners hereby waive all notice requirements except as hereinabove provided and further waive all procedural and other objections to action taken by the City of New Hope in connection with exercise of its specific rights referenced in paragraph X.3 above. X.5 Pent for CityMaintenance. The Association, Declarant and Owners shall reimburse the City of New Hope or its designee, on demand, for the cost of any Declarant, Association or Owner obligations undertaken by the City of New Hope or its designee pursuant to this Section. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner, enforceable in any way available to the City under law. X.6 Right to Assess. In addition to the right of collection as stated in Section X.5 above, the City of New Hope may, in any assessment year, levy against the Units an assessment for all costs and expenses incurred by the City or its designee pursuant to this Section. The assessment shall be prorated among all Units and shall be enforceable by the City in the same manner as provided in Section 6 [Assessments for Common Expenses] of this Declaration. X.7 Exclusive Rights. The rights granted by this Section are exclusive to the City of New Hope and may be exercised only by the City, in its sole discretion. No other person or entity, including the Association, the Declarant, or Owners, whether or not a resident of New Hope, shall be entitled to request or require the City to act pursuant to this Section. The rights of the City of New Hope under this Section cannot be rescinded, cancelled, or amended by the Declarant or the Owners without the written consent of the City. 3. Although the concept expressed in the foregoing proposed provisions should be incorporated in the documentation, precise terminology can be finalized with legal counsel for the developer prior to the date the final documents are filed. Therefore, it is my opinion that documentation substantially in the form reviewed meet statutory requirements and adequately protect public interests of the City. 4. We have no objections to their preliminary plat at this time. February 27, 2004 Page 3 If you have any questions, please contact me. Very truly yours, Steven A. Sondrall, City Attorney, City of New .Hope PAAttarnWGV0-Client FoldnsiCNFBCNH-Ryland-opinian Ltr Mdoc EXHIBIT E NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9536 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Kirk McDonald FROM: Alan Brixius DATE: February 25, 2004 RE: New Hope — Winnetka Green Development Plans FILE NO: 131.01 -- 04.01 BACKGROUND Ryland Development has submitted their development plans for the Winnetka Green preliminary plat/planned unit development for New Hope. These plans have been revised to respond to staff development review team (21111.04) and Design and Review Committee (2112104). In review of development plans, the following findings and recommendations are offered for consideration of the Planning Commission and City Council. Processing In review of the proposed application, the following development approvals are necessary: Comprehensive Plan Amendment. Currently, the New Hope Comprehensive Plan designates the property for commercial and low to medium density residential use. Under Comprehensive Plan definitions, the proposed development would qualify as a high density residential use. As such, a land use change will be required. 2. Rezoning. Currently, the site is zoned R-1, Single Family Residential and CB, Community Business. A change in zoning is necessary to accommodate the proposed use. In light of the various design flexibilities being requested by the applicant, rezoning to a planned unit development district is recommended. Within this district, the City can provide the density and design flexibility that is necessary to accommodate this redevelopment without variance. 3. Subdivision. To accommodate this proposed development, a preliminary plat and final plat will have to be processed. 4. Street Vacation. A segment of bumter Avenue will need to be vacated to accommodate the project. This vacation will require a public hearing before the City Council and must be approved if the project is to proceed. Comprehensive Plan Amendment The 1998 New Hope Comprehensive Plan identifies this area of the community for redevelopment. Specifically, the plan directs low to medium density residential land use for the area. Redevelopment was recommended. • Extraordinary deep lots along Winnetka, existing housing conditions. * Marginal commercial development at the corner of Winnetka and Bass Lake Road. Access via a substandard street (Bass Lake Road extension). As previously indicated, the Land Use Plan directs low to medium density residential use upon the subject property. As part of an examination of the site, the Livable Communities Task Force recommended townhome and low density single family uses upon the property and expressed the following concerns for site development: 1. Integration and compatibility with the neighboring single family areas. 2. Traffic generation -and prevention of traffic intruding upon the adjacent single family area. 3. Development density and its impact upon quality of development. 4. Building quality and establishing a design that was attractive and complementary to the existing single family neighborhood and the Winnetka and Bass Lake Road streetscape. After being considered by the Livable Communities Task Force, the City went out and solicited developers to provide a proposal that would not only achieve the Livable Communities recommendations, but also demonstrate the financial feasibility of the Project. Upon review of the development proposals, it was demonstrated that the low and medium density land use options could not generate sufficient tax revenues to cash flow overall redevelopment of this area of the community. Alternative plans were prepared over the last year which, while attempting to respond to Livable Communities concerns for land use compatibility, also introduced a density that would be financially feasible to uphold the redevelopment. The Comprehensive Plan defines low density as 0-4 units per acre and medium density as 5-10 units per acre. The proposed redevelopment site is 17.1 acres in total area, 14.8 acres subtracting out the street rights-of-way. A total of 175 housing units on the site produces a net density of 11.8 units per acre. This falls into a high density classification, mandating a Comprehensive Plan amendment. 2 Any change of land use is a policy decision for the Planning Commission and City Council. This change in land use will serve to implement the area redevelopment. In evaluating the land use change staff offers the following review of the planned unit development and housing product. Rezoning The applicant has requested a planned unit development zoning designation to provide design and density flexibility. in evaluating the PUD, it will be compared to the City's R- 4, High Density Residential District to show where the flexibilities are being requested and the differences between the standard R-4 and the higher density PUD district that is being proposed. Section 4-32 of the New Hope Zoning Ordinance outlines the criteria for considering a change in zoning as follows: (1) The zoning amendment is necessary to correct a past zoning mistake. (2) The character of the area has changed to warrant consideration of an amendment. (3) the proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The past zoning was appropriate for the prior land uses, however, the character of the area has changed and redevelopment has been recommended for this project site by the Comprehensive Plan. As a mature fully developed community, New Hope has targeted a number of areas for residential redevelopment as a means of promoting reinvestment into the community and offering new housing options within the City. The 1997 Life Cycle Housing Study for year 2010 identified the following housing needs for New Hope: 1. Higher Value Move Up Housing Due to the lack of vacant land supply in New Hope, this housing need must be met through continued maintenance upgrading and modernization of existing single family housing stock. the City may also look to satisfy the housing need through redevelopment of blighted sites which may have amenities that would be attractive to higher value medium or high density housing options. 2. Owner Occupied or Rental Attached Housing. The Life Cycle Housing Study identified the need for attached housing (townhomes, twinhomes, cooperative apartments) that offer low maintenance, independent housing opportunities. These types of housing opportunities are attractive to empty nesters or older residents wishing to live in New Hope. 3 3. Affordable Rental. The Life Cycle Housing Study identified a need for additional affordable rental units before year 2010. Due to the City's extensive rental housing supply, these units can be provided through rental assistance certificates for use within existing rental units. 4. Special Needs Housing. New Hope has made special efforts to provide housing for people with special needs, such as the elderly and disabled. New Hope will continue to expand its special needs housing stock as opportunities present themselves. The proposed Winnetka Green housing project will provide upscale townhomes and condominium housing units that fit the description of categories 1, 2 and 4 above. The change in zoning is also consistent with the New Hope residential goals and policies as follows: RESIDENTIAL GOALS Goal 1: Provide a variety of housing types, styles and choices to meet the needs of New Hope's changing demographics. Policies: A. Through infill development and redevelopment efforts, increase life cycle housing opportunities not currently available within the City (i.e., high value housing, townhomes). B. Promote medium density attached housing to address the needs of an expanding empty nester or independently living elderly population. Goal 2: Maintain and enhance the strong character of New Hope's single family residential neighborhood. Policies: C. Prevent the intrusion of incompatible land uses into low density single family neighborhoods. F. Pursue the redevelopment of substandard single family homes when it is judged not economically feasible to correct the deficiencies. Goal 3: Promote multiple family housing alternatives as an attractive life cycle housing option. 4 Policies: B. Adhere to the highest community design and construction standards for new construction and redevelopment projects. C. Accompany medium and high density development with adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. PUD Zoning District The purpose of a Planned Unit Development (PUD) is to provide grouping of buildings in an integrated coordinated design. The PUD is intended to introduce flexibility and architecture for the conservation of land. The PUD district is intended to encourage creative environments that might be prevented through the strict application of zoning and subdivision regulations of the City. The proposed development is urban design that does not fit with New Hope's standard high density residential zoning district. The PUD zoning district allows the Planning Commission and City Council to evaluate the requested zoning based on the merit of the proposed development. It is apparent through the Comprehensive Plan and the City's redevelopment efforts, the character of the area has changed to warrant consideration of the Comprehensive Plan amendment and change in zoning. The proposed redevelopment is consistent with the land use objectives of the Comprehensive plan related to the City's housing needs and redevelopment goals and policies. The Planning Commission and City Council will need to evaluate the details of the submitted site plan and preliminary plat and determine if the requested rezoning and development stage PUD is appropriate for the site. PUD/Preliminary Plat The applicant is pursuing PUD concept and development stage approval along with a preliminary plat. The following review identifies the site development issues along with the PUD flexibilities being requested. General Site Layout The proposed redevelopment project creates a high density urban townhome neighborhood along two of New Hope's minor arterial streets. The urban townhomes front onto Winnetka Avenue, Bass Lake Road or proposed Street A. the buildings have a reduced setback to the street to conserve land and create an attractive urban streetscape. The taller urban townhomes are located along the minor arterial street. The carriage home condominiums are planned along the single family homes, maintaining the required 30+ foot setbacks. A property line fence and boulevard planting are intended to screen the single family neighborhood from the traffic and back yards of the townhomes. The roadway design isolates the townhome neighborhood from adjoining single family neighborhood to reduce traffic conflicts and congestion. this street pattern eliminates multiple curb cats from Winnetka Avenue and the substandard Bass Lake Road extension. Access points at 54th Street and Rhode Island improve traffic circulation at the Winnetka Avenue and Bass Lake Road Intersection and eliminates the unsafe Sumter Avenue jogged intersection. In the following review, these features are further described. Density Density is the first area of flexibility being requested by the applicant. The project site comprises 17.1 acres of land. The total number of units being proposed for the project site is 175 units, 117 urban townhomes and 66 heritage condominium townhomes. The applicant has indicated that the gross density resulting from this development would be 10.2 units per acre. A rough calculation of the net density (exclusive of the public street right-of-way) would be 11.8 units per acre. The required lot unit per unit for townhome is 5,000 square feet. The proposed project would have an average of 4,303 square feet per unit based on gross acreage and an average of 3,714 square feet per unit based on a net buildable acreage. This density is required to make the redevelopment financially feasible. Setbacks The standard setbacks in an R-5, High Density Residential District are as follows: R-5 District front setback from local street is 25 feet from property line. Townhome proposed 25 feet from back of curb. Or Condominium proposed 25 feet from back of curb. Review Comments: Setback flexibility has been requested where the townhome buildings abut Street A. Setbacks are being measured from curb. The specific issue is that driveways for the condominium townhome units on the south end will have parking that will extend within the public right-of-way of the street. This is not typically allowed by City standards. PUD flexibility is being requested to ensure adequate setback between the garage and back of curb (to accommodate the safe parking of vehicles and snow storage). The site plan provides a driveway length of 25 feet from the back of curb on Street A and 24 feet from the back of the sidewalk along the west side of Street A. This 2 dimension is seen as adequate to accommodate off-street parking in front of the garages. R-5 District front yard setback from arterial street is 30 feet from property line. Townhome proposed 25 feet from property line. Review Comments: At the suggestion of City staff, the building setbacks from Winnetka Avenue and Bass Lake Road have been reduced from 30 feet from 25 feet. The proposed townhome developments are of an urban design and it is believed they will complement and enhance the streetscape appeal of these street corridors. This reduced setback also serves to conserve land in the balance of the project. • R-5 District side yard setback for interior lot line is 10 feet required from lot line. • Townhome proposed 20 feet between buildings. • Condominium proposed 20 feet between buildings. R-5 District side setback from local street required 20 feet from property line. Townhome proposed is 20 feet from curb. • Condominium proposed 20 feet from curb. R-5 District side yard setback from arterial street requirement is 25 feet from property line. • Townhome proposed is not applicable. * Condominium proposed is 25 feet. Review Comments: The site plan has shifted Building 88 east to provide a 40 foot setback separation between Winnetka Avenue right-of-way and the first driveway per Design and Review recommendation. R-5 District rear yard setback requirement is 30 feet. Townhome proposed is 24 feet to bituminous drive. Condominium proposed is 30+ feet to lot line. Review Comments: The initial site plan illustrates a rear yard setback for the urban townhomes of 22 feet from the face of the garage to the private drives. In response to City concerns for parking, the applicant has increased the setback to 24 feet. Public Streets/Circulation Flexibility is also being requested with regard to the street and access points. Street A is intended to be a public street. Flexibility is being requested from the 60 foot required right-of-way requirement and the 32 foot required street width. Specifically, a 50 foot driveway and a 28 foot street width have been proposed. With this dimension, parking 7 would be restricted to one side of the street. Signage must be provided by the applicant that identifies the parking restriction. Street A follows a curvilinear design and then backs up to the single family lot to the east after passing through the condominium townhomes. This design was intended to move the individual buildings away from the single family areas, and provide some physical separation between the different uses. Street A will be screened using a combination of fencing and boulevard trees. Access to the site is provided via Winnetka Avenue (in alignment with 54"' Avenue) and Bass Lake Road (in alignment with Rhode Island Avenue). Both these locations were chosen to move any access or egress from the site away from the Winnetka/Bass Lake Road intersection. This alignment has been reviewed by Hennepin County and is viewed as a desirable location that corrects some of the past problems in the area (such as multiple access points onto Winnetka and the Sumter Avenue intersection). Hennepin County will be required to approve the access points for the subdivision as well as any right-of-way dedication for Bass Lake Road or Winnetka Avenue. The City will be responsible for any street design and improvements along the county roads, i.e., landscaping, lighting, sidewalk improvements. The City will work closely with the applicant in the preparation of a streetscape plan. The vacation of Sumter Avenue is viewed as a positive action that will segregate townhome traffic from the single family neighborhood to the south and east. It is anticipated that complaints from the single family neighborhood may be received regarding the lengthening of trips that some residents may encounter to access Winnetka Avenue or Bass Lake Road. Review Comments: 1. Sheet 9 of 10 illustrates the plans for site and parking lot curbing. a. Street A will have B-618 curbing except where the condominiums have driveways. In the driveway locations a mountable curb will be installed. b. B-618 curbing shall be used to define the center islands on the townhome court yards. C. Mountable curbs will define the private drive except where driveways enter the private drives. To avoid confusion related to curbing installation, the site plan should be revised to more clearly delineate the changes in curbing types. The City Engineer should comment on curb locations. 2. Applicant has identified emergency access drives at Drive B per City recommendation. A detail for the drive is provided on Sheet D-1 of 2. The City 8 Engineer and Fire Inspector should comment on pavement section and drive width to insure the design will accommodate weight and maneuvering of emergency vehicles. These emergency drives will -use 6' x 6" wooden break away posts to prevent through traffic on these emergency vehicle drives. Drives A, B, H,1, K and a stub street north of Building 26 are all fire lanes. These areas shall be posted no parking. The Homeowners Association shall be responsible to keep the lanes, as well as the emergency access at the end of Drive B clear of snow. Drive H must be redesigned to avoid crossing 5510 Sumter which is not part of the project. Bollard placement on Drive H cannot interfere with the driveway access of 5510 Sumter. 3. Sumter Avenue will be terminated approximately 140 feet north of 55th Avenue. A cul-de-sac with a 30 foot radius is proposed for the end of Sumter Avenue. This radius is adequate for automobiles. With the installation of emergency access Lane H, the smaller cul-de-sac is seen as acceptable. Public works has recommended that the cul-de-sac be shifted south to maintain a minimum setback of 15 feet between the street and proposed fence for snow storage. 4. The site plan has illustrated a location for transit shelter along Winnetka Avenue. An easement for the transit shelter shall be described- and dedicated to the City. Said easement should be sized based on an Winnetka Street and Boulevard Improvement Plan coordinated between the City and County. 5. Public Works has also expressed concern for snow storage between Street A and the eastern boundary line fence. The applicant has indicated that the fence is setback 20 feet from the curb. This setback offers sufficient space for snow storage. Private Drives Within the townhome area, drive aisles 20 feet in width have been proposed. Typically, a drive aisle that not less than 24 feet in width is desired to accommodate 90 degree parking (in parking lots). Review Comments: 1. The applicant's site plans narrow for two-way traffic. should be considered. setback between garage through traffic. still illustrate 20 foot wide private drives. These are To accommodate two-way traffic, 22 foot drive lanes 'he applicant has lengthened the urban townhome nd the private drive to reduce parking conflicts with 0 2. The curb radius on the private drive have been enlarged to accommodate a vehicle with a 20 foot wheel base (see sheet 9 of 10). Parking The site plan must provide 2 '/ parking stalls per townhome. The 175 townhomes require 393 parking stalls. The site plan provides: 2 car garages per unit 350 36 surface spaces 36 386 If the driveway surface spaces in front of garage are counted for required parking, the site plan greatly exceeds the parking standards. On -street parking along the west side of Street A is also proposed. Review Comments: 1. The urban townhome garage measures 22 feet by 21 feet for a total of 462 square feet in area. The area for the condominium garages measures 19'h feet by approximately 19 Y2 feet, for a total floor space of 380 square feet. These garages address the requirement for at least one enclosed parking space per unit. It should be noted that the City should consider the adequate dimension of these garages to accommodate not only the parking of two vehicles but storage of ancillary equipment such as refuse containers. Applicant is requested to provide an illustration of two mid-sized vehicles parked in the 19.5'x 19.5' garage for Planning Commission consideration. 2. To accommodate two vehicles parked in front of the garages, townhome unit driveways have a minimum width of 18 feet to accommodate the car door swing and the turning radius from the narrower 20 to 22 foot right-of-way private drive. 3. To avoid maintenance issues it is recommended that the narrower landscape strip between townhome driveways for Buildings 71-79 and 89-97 be paved. 4. The applicant has provided generously dimensioned parking stalls in the green islands between the private drives. Wider stalls are necessary to provide proper turning radius in and out of the individual stalls. Sidewalks Sidewalks will be integrated into the overall site design along the west side and north side of Street A and west side of Street B, connecting with private sidewalks (connecting the townhome fronts and back into Winnetka Avenue and Bass Lake Road). Overall, the pedestrian oriented design is considered attractive. Public sidewalks are 6 feet wide and located immediately behind the street curb consistent with recommendation of Public Works. 10 Review Comments: Sidewalk or trail connections should be extended to the east property lines to provide pedestrian connections to Elm Grove Park and St. Rapheal Church Landscape Plan The landscape plan illustrated on Sheets L1 of 2 and L2 of 2 show a generous landscape treatment for the streetscape, common area and foundation areas each addressed. Review Comments: 1. The plant materials are appropriate for Minnesota climate. The plant sizes exceed City standards and will do well to help establish an attractive neighborhood and screen the adjoining single family areas. In review of the landscape plan, we would recommend additional shrubs or coniferous plants at the ends of Drives B, C, G and L to where they abut Winnetka Avenue or Bass Lake Road. These plantings are intended to further screen the garages and private drives from the public streets. 2. Screening between townhomes and the single family neighborhood is accomplished with six foot white vinyl boundary line fence. This fence will provide solid screen of the proposed streets and first floor townhomes. Complementing the fence is a row of deciduous trees (Maples, Linden, Birch) that will provide canopy screening above the fence that serve to interrupt the views of the townhomes. Sheet D-2 of 2 are landscape plan cross sections that illustrate the view of townhomes from the single family neighborhood. These cross sections reveal that the townhome site will have a higher elevation than the adjoining single family homes. The elevation changes will limit the screening effectiveness of the six foot fence. The following options to increase the screening should be considered: a. Increase the fence height to 8 feet. b. Consider using a berm along the property line to increase the height of the fence. 3. The applicant is proposing to save some of the existing trees on the site for reuse in the development (see Sheet TR1 of 1). Existing trees and shrubs are to be spaded out and held for planting after site grading. This practice will provide the site with some more mature trees in the landscape plan. Inquiry was made at the open house for saving a significant Spruce tree in the extreme southeast comer 11 of the project site. The tree's location may interfere with fence construction, however, the applicant is encouraged to investigate measures to retain the tree. In review of the Tree Preservation Plan, we recommend that the Silver Maple not be included n the tree preservation. 4. The foundation plantings are type and size appropriate for New Hope. The plan even gives attention to shade and sun sides of the townhomes and selects plantings appropriate for these conditions. 5. The landscape plan addresses the ponding area. The ponding area will be defined by a series of retaining walls. The top of the retaining wall will abut sidewalks. A 42" aluminum fence shall be installed to protect pedestrians. Between the retaining walls will be landscaping consisting of viburnum and planting beds. The east and west end of the pond are dogwood shrubs and additional planting beds. Details on the retaining walls have been provided. These plans shall be subject to review and comment of the Public Works Director and City Engineer. 6. Monument details have been provided for Planning Commission review: a. All monument signs shall be setback 10 feet from all property lines. b. Monument signs located at the project entrances must be located outside of a required sight transfer extending twenty feet along both property lines on the comer lot. 7. The proposed landscape plan indicates that the entire site will have an irrigation system for long term maintenance and has also identified snow storage locations that are necessary as part of the street clearing and parking lot clearing during the winter. Lighting The applicant is proposing two types of exterior light fixtures to illuminate the streets and private drives. the lighted Bollard is proposed along the side walk along the pond. This type of light is to keep fight levels manageable, but to avoid glare from intruding onto the single family homes to the east The second light fixture is title Traditional -Old Favorite. This fixture is a lantern design and the luminary will be visible to adjoining properties. This light fixture will be 18 feet in high. These light fixtures have been located along Street A generally between buildings. As such, they will be visible to the adjoining single family neighborhood. 12 To avoid issues related to nuisance lighting, we would recommend a light fixture that is hooded to screen the luminary and direct downward to avoid glare. Accessory Equipment Sheet 9 of 10 illustrates locations of street signs, address signs and mail boxes. These locations are acceptable. Buildings The applicant has provided front building elevations and typical floor plans for both urban townhomes and Heritage condominiums. In review of building plans, we raise the following issues: 1. We would request color elevation of the back of the structure to illustrate how the gas meters, electrical meters and air conditioning units are integrated into the design of the building. 2. Downspouts directed to the driveways present issues related to water freezing on the driveway and downspout damage related to snow removal. This issue will require attention. 3. As noted earlier in this report, we request an illustration of proposed Heritage condominium garages with to cars parked inside. Homeowners Association The applicant has provided Homeowners Association documents for City Attorney review. These documents shall be filed with the final plat. Street Vacation To facilitate the replatting of Winnetka Green subdivision, approximately 395 feet of Sumter Avenue must be vacated. This vacation serves the following objectives: 1. Eliminates an unsafe intersection at Bass Lake Road. 2. Provides buildable land area for the project. 3. Disconnects the Winnetka Green Townhome from the single family homes to the south. The vacation of Sumter serves to benefit the City's redevelopment efforts and provide for a more favorable traffic circulation pattern. To vacate this right-of-way, the City/developer must relocate utilities currently existing in this right-of-way. 13 RECOMMENDATION Ryland Development has requested the following development applications: 1. Comprehensive Plan amendment to change the designated land uses to light density residential. 2. Rezoning from R-1, Single Family and CB, Community Business to PUD. Planned Unit Development. 3. Concept and development stage PUD and preliminary plat. 4. Street vacation for a segment of Sumter Avenue. Based on the previous review, the following recommendations are offered: Comprehensive Plan Amendment/PUD Rezoning These applications are interconnected and should be considered together. Any land use change is a policy decision for the City Council. Generally, the City must find that the proposed change is consistent with the following criteria: The zoning amendment is necessary to correct a past mistake. 2. The character of the area has changed to warrant consideration of an amendment. 3. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The past zoning was correct for the past uses, however, the City in its Comprehensive Plan recognized the changing character of the area by designating this site for redevelopment. The change in land use and zoning provides the opportunity _ to implement the redevelopment objective. The PUD zoning is directly tied to the proposed development plan if the Planning Commission and Council find that the proposed density and design fulfill the City's redevelopment objective approval of the Comprehensive Plan amendment is recommended contingent on the City approval of the PUD concept and development stage plan. PUD Concept and Development Stage/Prellminary Plat If the Comprehensive Plan and rezoning is deemed appropriate for the site, we would recommend approval of the PUD concept/development and preliminary plat with the following conditions: 14 1 _ Site net density shall be 11.8 units per net acreage. 2. Setbacks shall not vary from the setbacks illustrated on Sheet 2 of 10, Preliminary Site Plan dated 2-20-04. 3. Streets a. Curbing plan be revised to more clearly identify curb types and location subject to review of City Engineer. b. Drives A, B, H, I, K and stub street north of building 26 shall be posted no parking and Homeowners Association shall keep these drives free of snow. C. Drive H shall be redesigned to avoid crossing 5510 Sumter Avenue. Bollard placement on Drive H shall not interfere with the driveway assess to 5510 Sumter Avenue. d. Sumter Avenue cul-de-sac shall shift south to provide a 15 foot separation between the street curb and privacy fence for snow storage. e. An easement for the placement of a transit stop shall be dedicated to the City. The specific size and location of the easement will be based on a Winnetka Street and Boulevard Improvement Plan coordinated between the City and County. f. City Council should determine if the private drives should be widened to 22 feet. 4. Parking a. Applicant should provide detail on Heritage condominium garages illustrating the parking of two automobiles. b. Narrower landscape strips between the driveways for Buildings 71-79 and 89-87 be paved. 5. Sidewalk or trail connections shall be made to Elm Grove Park and St. Rapheal Church. 6. Landscaping a. Additional plantings be provided at the ends of Drives B, C, G and L to screen the garage areas from Winnetka Avenue and Bass Lake Road. 15 b. Investigate options to increase the height of the screen fence. C. Investigate the preservation of a significant Spruce tree at the southeast corner of the site. Eliminate the Silver Maple from the trees to be preserved. d. Retaining walls are subject to review and comment of the City Engineer and Public Works. e. Monument signage must meet required setback and avoid traffic visibility triangles. 7. Lighting shall be modified to hood light fixtures that screen the luminary and direct light downward. 8. Buildings a. Provide rear building elevation addressing location and screening of gas meters, electrical meters and air condition units. b. Address downspout location onto driveways. 9. Plat approval shall be subject to the City Engineer's comments regarding: a. Site grading and erosion control b. Stormwater management C. Utility plans d. Easement size and location Street Vacation Staff recommends the vacation of 395 feet of Sumter Avenue with the following condition: 1. Existing utilities are relocated and appropriate easements are provided. EXHIBIT F Exhibit F-1 Preliminary Plat Winnetka East (dated 02-08-04) Exhibit F-2 Preliminary Plat - Winnetka Green (dated 02-08-04) Exhibit F-3 Site Plan (Including Setbacks) Exhibit F4 Existing Conditions Exhibit F-5 Grading and Soil Erosion Control Plan Exhibit F-6 Utilities Exhibit F-7 Street and Sign Plan Exhibit F-8 Removal Plan Exhibit F-9 Details Exhibit F-10 Landscape Plan Exhibit F-11 Tree Plan Exhibit F-12 List of Homeowner Association Documents 17 EXHIBIT F-1 E JL u) MM naw. AREA Lnu S7 „ Tofu, LOT AM tw<ItW Ams • IM p` t tm t.sa. an as rt. C) AwR� a e,ei Fo-R. • 100 _ pp�r. iaxxnv uw .wE a � a 1a5 ori OEllsx lEYaVPES F/x1 I,.ati5 uxltS/.oE _ _ _ PROPoSm il11tlN0 P.V,p. L umm . dluli ■ r a f� 9a� • L7 fOAP� m+.. v t@ _j M K � f b { R104aI i x„s tl�� y Rpm 8 ( tl��w ••� S TRA::T G R„"a • TR ACT, F n W �t Y ■ � W E fx• L wua� L7 � a R � m R, „.; RE C E ;'E ERECN' 5, A ..I I ..Ii f • IBM. r� a rte' t 9•r. B ��eYHIM1 kYMi nelrra a _ 4 o s r f� ■ur 2 d•r• r � G ae�.,• R L r ! RLeu .d eon..• ■ Iwagf'9ri.� �Q A 170 BB 1W1 A =I(1, j {�*Y u7 W R �wrIrk LL _•F ^'yr• 7 1 www• I I fes. I SECTIOrt S. TWP118. ROE. 21 LOCAOW WA? I mnI OFCPRIPTNIN FTR PRkI�IWARY 0.AT PLRP09ES GILL lnt t, Bleck 1. WNNEPtA EhST, ort : m !ne recorded prt th.—k Rrnnepin C—ty. /JIryl.sed.. TOGFMCR WIM T.E F MIO G. RLS Ha 9' .ee.rd{no [n. rd=erd.d FW there.!. Hennepin C --kA uk--- • Thk bgn{ d..OU— !Moll he . v W upon re..rdY„ a pW .r YdRVEIKA EAST. PREPARm PJY PdON—M rN[ NMING. PA. J61N C. 1.A160M RE051ERM PRUEMMA1L LM11 SMEVOR [9823 wa Na r :ElVE (C RD S6) I try C PRELIMINARY PLAT aHae RYLAND HOMES �aECT WNNETKA GREEN 3 T 10 134 G(� Y R V� ,i <<-1 t7 1 C i r :ElVE (C RD S6) I try C PRELIMINARY PLAT aHae RYLAND HOMES �aECT WNNETKA GREEN 3 T 10 EXHIBIT F-2 2 o 200' PIONEER -� MEERING, P.A. t I RHOpE ISLAND AVENUE SUNTFR AVENUE I i I ; I d I ! I I + L + QUEBEC AVENUE I FI 15 7-- 7510 - --------dig t � RHO DE ISLAND AVENUE 7624 _ _ __ p II F - 1 + 1 1 + + 7704 41 ❑ I +i 01 ❑ \ \ ► G 11021\1 PRELIMINARY MINNESOTA 5HEET INDEX 1. PRELIMINARY COVER SHEET 2. PRELIMINARY SITE PLAN 3. PRELIMINARY PLAT 4. EXISTING CONDITIONS 5. PRELIMINARY GRADING PLAN 6. PRELIMINARY GRADING PLAN 7. PRELIMINARY UTILITY PLAN 8. PRELIMINARY UTILITY PLAN 9. STREET & SIGNAGE PLAN 10. REMOVAL PLAN D-1. DETAILS D-2. DETAILS L-1. LANDSCAPE PLAN L-2. LANDSCAPE PLAN TR -1. TREE PRESERVATION /REMOVAL PLAN QD i ❑i ❑ ❑i ❑i _ _ �6` Euta1tiR AVENUE 7—__7__-77_—_�_--�___�_—__ — Iz I I f ! I I I I I I I I< I I I C�I ED ! �I E]IEQ] I rf 5549 j 5 I m I� I I 15�'ll I� I I I 14 f L I ITM AVE 5aTH AVENUE T ---r--"1--------- NORTH = =— 2 Z.� _� �=WORTH -- I r n Owm eR "T PRELIMINARY COVER SKEET RYLAND HOMES p_Nin, ccrrxnrttc TowimmkS FRONT FOIINOATIDN M BACK OF CDBB-20 ME FOUNDATION TO BAG( OF MWO-•2W BEM FOUNDAMM M BINWNDUS EDS 22' EWE 70 BUILDNNG FO MA710N-2Y - WAN BM21011; FWNDA710N To KULDINO FOUNDATION=66' - PUFMM : FUUMATION M RIGHT -OP -WAY ON PASS LAKE ROAD R WINNETNA AMUMJE-29 Comm FRONT FOUNDATION TO BACK OF CUR -M SDE FMMDAnON TO BACK OF OLB593' SDE TG BUILDING FOMDA71MI-26' BEAR MIZIDATION TO BOUNDMri31I' MAGI D FOIAIAATIDN TD FOWn-DF-WAY ON NINWKAAVENUE-2S' BACK OF CMB TO BOCNOAAY" V LXAMLEM . ,O]IIHrPEE-0D m GREEN 7-711 10 mRT EXHIBTT F-3 EXHIBIT F-4 l �I. _Lljkl MM ALL EMUNO NFORMAA J Pjaymm BY my ar NEW MOPE ,' ! 761 r P- \ \Mf \, 1 I . + / 7605. --------�i /� _7609 .t - , m� ` i 7616 L ° t 7621 r 4 \ Y -- 14MUE __ RNEIOE i%u--__AVENueR ` o; it®1 q oY R�7624 __-�- I � � _ 76A3v !� �•. ,, Irl�/rte I� a Ye EEiiIJIL�� -Tr ----o 1 a \ally Il 1 I li \ 0 �—Y}7-7700�I 7708+YYj'I ,• i II i r 1 ��II l i gi L! _91 l yt / I e/� i I 15438 i �& I J h I+ ` rrJ it i ILee i ,i R ��I I , SUY7FR AVENUE -M^ —SUPTO _ _ p 1 5559 'I �Ib I • \ I —� �i �—Il �—��— ��—�� 7'� �' ff 7 fµr—`� s>�`T --� Tim j— I ;�; o�,,�t r, ,l' to ; ,! If € -- m i 5537 r i 5531,/ 551901 11 5509 1 5443111 I10 Y / ` I �` e I \\ m• m I / le /I/^ ly/ �/' �a / o m 0 7606 7 L/ �a7—13 t r = m Sbi6 p� P� I I rll Ir m1l 0m li t a 7612 /r 7 } °\ o 115410 �.� I \ \ m 15500 240. \\ \ f �Q -� d aO - - - f aR o,/ '° p _ x5422 _m 5406 ti5412 e 40= ¢ r� `n4-I�- r/ I II +I �'li`III❑Ilji, ❑ �� r ,!!l Yl o 19/® I i,- -u�®� 7 _ANN AA UE s A UE I I< I I i I I 54 UE — InYn�a TH i i I I+ l sam a+n.e *��' I��s.. '::.��.1"� w..�x�q ....----�+'• .,Q � �. affErmrE o.EN PN6ECT war .ns PRELIMINARY EXISTING CONDITIONS RYLANG HOMES WfNNETKA GREEN k 70 EXHIBIT F-5 MEW nil ®rnQ nma m E w, mur Flo aartwsnu7 air m-. t'. -I.Imsl .uwrs jjIII Y mV^"wnSIMUrcwx°ANP-MMAZ WX NE oo ryA6 WvE�S A� j ; R I I fr r -------- \ _ 7 �\�•~�_' = LT MUM W°f HE PEPl GRI�AGiO ----- f l I I I o 3-1 wmm�. ----------1----------- — E1ERY, oA,s un wm° °. 1nl.s ff P D B Ci ` �I y ffi FFNC[ - PRFiSCFYA9I L'R' swcxT SIIFEWd°IV1FNL flERT. I - 51°EEf SEn'EN PFLLBY 19AE yl, 1RA4RYG W SSIDWEIIT BE E 196014® AT ---------------- 9 76 7616 V I l --------------------- ' i {lyE � S �T L ION CONTROL PR07EC71ON AT CONSTRIICRON ACCESS -------------------- RNoO -�-- \\ _— I I UE ND -- ��----------------A ISLAND �-1 - I , 7\624 No - f s o \i� j`otIJI TI! m I — , G v _ III I I---------------------- SUMTER I I ! !I 11 \II I t AWMI IF 'myss.pu oiln.° arrImc ar�1 m°zzr , •-, r.Iw rrrrm .l °r.r. s°_ ,,,.. ,,,,,.,,, PRELIMINARY GRADING PLAN RYLAND HOMES WINNETKA GREEN 6 Tr 10 flab EXHIBIT F-6 ML` .4A Wf111K e.c NFGNA1gN IM8 PROIY 6T CfIT OF f1E11 MOPE !i + I PARK & I Ij PONE BY CITY J AFI ----—'?I OOF NEW HOPE. --------------- I i , 5500 22 21 I I I I a 1 o 4 II I� I RHODE ISLAND � T IA i I I� I � SUMTER AVENUE . o f 1 ■F�, 'rr 11 1e�Q�• .µrc} �i J/ :... � ^tip• SUMT a- AVENUE ■F• LEGEND SANITARY PRIVATE SANITARY ioaaea-e�x�an.o IIIE O.P+ Pk6kCT PRELIMINARY UTILITIES RYLAND HOMES WINNETKA GREEN 7 t0 > EXHIBIT F-7 I I I ex m rAa•e AApf AID lfCRN , 144811 NA15 AVENUE QE _ fl1E11>tWT VEWCUZ ONLY ND P - - I ^ J•' AWEBEC u �` _ = OS - smEEr slGv LOCATION ' �- II F O - AM ONAL ADDRESS gel LocATDt1 AH. t000�ttoo II NMA= LOCATION I A i A 7 LJ 30 aRIYE•AK _ 750 II III 7616 II II ISI RHODE ISLAND u `PAVEd1BHB AVENUE 7824 J RB LEGEND: i ° I Dq --ane 1O/I�IANl. NOUNMULE KF EDGE (PWVAIE} 77M �II whym 41,0 . WNNET(gE oEfA1L 0- KA AVENUE TURN .0 95 S S S S S S S i S s -J MORT" FE _ _ _ I I I I i I I f I I f PREEIMINARY O,•ER P00� — 10 RYLAND HOMES ! MNNETKA GREEN EXHIBIT F-8 RHODE ISLAND AVENUI I r m rinK 1007 w� I I SUMTER AVENUE I� t 1_ r t r f r ; r1 e r ' r ! t r ' r r ; i 7616 u 7624 I L 7700 ' 79E1�1 j I 5wq , rl arc m 31V s tlD� ALL Ex�snnc NF'oRUAncN saawm er clTr oF: I�w xoPc AVENUE rr aa cc � IIJJ b& F& REL�OCATOUINTDER�OtBIB e�m�ilN WUN�TY °k/wa"'S) AM AL NE��Yf$�NPAIPEg G�yYIAKE' o ARE TO a REMO G 9Y CITY E� 9A0, R7J er CRY OF M I�igOPE�yipF�,Ai VW (SMTARY. WATMMK BYC1T1�' �IlhmW l7aPE (WmvrrNa CwIkWAY AM,ME CIdB a SEEMK TO BE INSTAUSD bIMP. RWAIRFD BOPYISTXE � T' ff HOPE STNEET C"TRUCnON I o 5 S'Ir I E-- 1 I 1`F� � �, 1 I I 1 I ! I� I� '1 -1-- --- --7 —TV —r---- 77$ ' i +li,l iii 1E:1 iii� rll Iii !� jl Ir IIE�?! r I I f 1 I I I I J. ! I ! r I ! ! I I� 1 -1 ".Wrar- +mmo-eTwnaimweuac VANNETKA GREEN m wla ow m Rim low ff omm m mr enrB senna smm T;• BMIITMY BEfEk t plan NAL WTM 9N� MST BWTARY ael'1[a t 1YIlEYA A1vNIF Oli RiLL Nall BIW ap W.a a � a ' ' RTT nae PRELIMINARY REMOVAL PLAN ' RYLAND HOMES -1 ".Wrar- +mmo-eTwnaimweuac VANNETKA GREEN EXHIBIT F-9 aQal---SEGTIQN-A-.L KLsn4 50¢[ IG16 �6YYm R !ffi GGIR xni u' r�As R.cs ncnum Eni � uru� Ynr ms nua,s � r �a �RxmxEnanr Ym «WN GYI4.YC }MInMN 11TiN MAT MR WRC R M M Ob MT4RL ![IA@ M lIL AC W06 plGm M ll[ •fWWAT SYSitlI AT 11111 ILL I[LIL alllLS R 6 AVMICL R.A !AS RAE YISIAVAO EIIT R l�llfD a YL«tilailtD 4ER'mK n �� ric Nm osR«Nm a[ �[ mR«O C ®R aC!«Y �CSC�.�IryNIyY�C 1a afi 1w�R Nf1Y v M\ IYC lltlYntl mCWli JY1 ' .+31L �YY/a s��loY a 9e AlIPYI C[uom ryCY � Avon mA11oYu arto� gig `L- =L J CROSS—SECTION D—D' PRELIMINARY DETAILS Property Boundary a1.e1 RYLAND HOMES CRO55-SECTION E -E" nm�cT WINNETKA GREEN ty 3ry imles-onAuuw D-2 I 2 ® r r ]A rK .er tal Ps xx� � L�r mo�lc tvwr arl) YeA 4' ACFPTAeI[ eR4ElW1 4Ai[RYL r DellotlE sYrtR e• mlrhlE RNR AIC J 6l�IWLRR 6 eXI4 eC 1N, eEaRm Du EAW RD[ v DePOEAi. P111NOW 9rrWLY DELI (IYPIPJt RD11De Rm m RAW S lr MK r E�AN'J011 V �lE6��ALLCPT�AeI[mWAIeRA[ YATERPL xM w � r R1ALL of tm', emlrlm Ell cAcx RPE u RRrvAr. coxr3sT¢ YIUY Rrulun eAa s-TWe canRrte OAlWDG TD�� g LEtf Y>r e111IL9 NMEJ -A \ / Fil1E LA(PRLIF y1L/MIIRACIWIi TIER PAwENT P;R GP'EREIE VAl1EY WTll11 SIWL i >g {[fM FRm 6 e�TP[ LVIIeR1[ eNel ! tllTiDl. CDIMJIEIE VALLEY WrM IEYRE3E 5RC11LT1 No ro rxq wNm PA7. -lT es=M (PRIVATE DRIVE) N.T.£ rrIeWlRe RPAIePemDoETSE Imm a*�IwnEn irrE a) I-1/[' e1ReMtl8 n•� t�4E (up f a3L–hPE 31} r 6Am-5 loe[ Y3elRm lE Ps3E (+w'ool ulq w4PAelm nleulAoe W. rl2) me: wPEWAi APRIXi SCRON A -A BECM J R -R DRIVEWAY PPm Ixm W WALE; tt. � 5ele 111P DIIRR 6EK Pt./EI NCM. le' e' eE1D m1E.e[IB sere amR x ouTTrR {Nm W [CICS) R[wm YICeNPIEIE 0.Aw l�/Ay3 Pine s erAlm rrrlrx RReelmE >Fs s W P[WPRTiyEs 3 I Ixor W 9G11E) 1 PPR FT. 3� F �. Bele TDP CMe EILY M 1 IN PLLI KN, - e6e EL�eele pvtwii nrm GEu, C(1 AWLiII1E8 (dmAlt.1 w EAe .rl RECDSrD Ix�x.,. ETc Pws ,i/3./W I oeoa Drat 3fJYFD - Pomp m W SCIJE) 165 11.5' _TYPE PURR r LSITIFR plm m srxp TMCAL EE naN BER GENGY VENUE ACCESS W/-- erP.' .", . Y.Ts R0 ME 41f ffi11f oQ t!1 TAPFi Irl [WER [INF [NE X15:1 TAPER—------� I ,•~— RE MER --- STRIPE I Sllsf leo I 00 ler T[d A BY-PASS I INE IIF"fAD (RYI'IPA! SELIIDN xLT lr SCAl[) R PRE U M1NARY DETAILS I ori RYLAND HOMES I WNNE:TKA GREEN toseas-0EEEe.sP� 0-1 2 sekie EXHIBIT F-10 POND PLANTINGS 89 4 —--� LC19-0 RM HATCJHM MCA TO M PLANTER W7H IRIS PLANTS OR OULU MEPENGINO CK TIMINO FVWMbW most (p PcM-m �,�IIPAMEGMMUNIPER (g POT> -13 SUNBUITST HOMEriACUST Cr BAB) OLECN9IA TBMCANB m VAR. INERY6 TLLNBURSr-5 PROTECTIVE FENCEA AL 3EE DETAIL ON SHEET D3 FENM MAIL ON SHEET O2 LANDSCAPE NOTES w •� ni AMS i'q.1 4 r �'� .rra +� �gmellw�'ix rwMM.x Y � f�iY ...e ..ye�e ��..,nkM MV�A[I4 wMaY e�MIrM ""• ..�1nw YY wA A.. r .w. • IIN�. 4 e wxnper}ana.w u....eW .! �w�IM1w mlaeW >m r I...I.er x enA e.m JI r etyma TO moff eml N BOOL 0 R9at nBTaH �4Rf� AW l m EmI PLANT SC HMU-CMWIAGE HOMES KEY COMMON/BOTANICAL NAMES SIZE/ROOT SHRU95 AS ANTHONY WATERER S/PpIRETEHA/SPIRAEA BIMMDA % •A.W. POT ® B=W MAGIC CHLE0=RY M9NA7CARPA PDT POT LS NL LITTLE PRICM SMSA IRAEA 9I(YA1OA '17TTLE PRINCESS 1lMlET LILAC-sYRINfiA A LlWWr pw PW POLKA MMCELA____/)VEGF.L.A FLORIDA NKA POT S SCAIdPFA INYxIWRE�fEA IPERU9 9 NA%6,MOK- Pcrr POT TA WOW 0.08E ORN7AE/MUJA OCCIDO MMB /S POT PpOT7T OWTNBLES VARY R BUILD" EMM J�95 SEE SHEET Lt FOR TREE TYPES AND SPECS TMBMIQM YEWJU/TA%US % MWIA - PLANT SCHM=aIERITAGE CCNOCNNOIMS KEYCOITION BLOTANIOAL NAMES 513E/ROOT SHRUBS SJ BLUE CHP .B1NIPfn/�IUWERII5 HOPoZO MALS POT CV COMPACT ALIEF ICAN CRMJBEARY BLWIIIIY AELO9UM l POT GA AAPAIESS IRATE BE ARBORWTEA JAPGMCA POT JA h1L JAVA ftD FLgRIp� ISBs LW Ml.AC GA WLUTMA LISS INN' ppy PO7 MS MAOC CADET SPJIF.A NAEA % BUMlYDA YlN�,BI Ip�1I�/pNp//R�,CR�p Pmw OF PpOT7T EMM J�95 TY TMBMIQM YEWJU/TA%US % MWIA - POT OUANWnES VARY BY BUIONG SF SHEET LT FOR TREE TYPES MIP EPECs �-t OV -1 BA Cda1 JS -9— ' LANDSCAPE PLAN I' RYLAND HOMES I NANNETKA GREEN L2 g 2 EXHIBIT F- 11 I I I I I 0M e9 M. w1 Y rRa�' M .. ep r. ,Y �M .ewe �• R] � M.w ,w L__J I fl LI M rl V I I i !! Ur _-�� TREE MOVING LEGEND TREE MOVING NOTES TREES TO BE MOVED CI.IY �v � I.R a•wR.fl.[ Wel w1 .d �Rr'.�1Yo SHRUBS TO BE MOVED aaaw 9rc .,aFr w lar � �a� fMlnl later. .-i% mYY11e�.a Fw aw as 1a. w N Rn II a aea....a•.ec. e....u�.= .R ate. mm°°1 11 I J ---J- 1-1' m� Y ��r.e. • �..a +.e.1.,_. �,'R°'1..Rr..'�"., «r ElALL TREE LOCATIONS AND DESCRIPTIONS ARE FROM CITY CONSULTANT _ SUMTER AVENUE_ ___ __ ;17 - -- r - 7T- -- Tr --ill — — II r I l f III ! I I f 1! I I j�111 I�I�ijli�IlEnl�❑I�t;l El1El I I I I I I ! I r I I { I Ej I I �I I� Ir I I I I I � I ! I I� 1 I I J I I I I I I WWW aaa. a..n .7,�"" � q..,.m ""t3'0".""' TREE 70 BE MOVED--- to 0 10°'". �� 1....14 "�.�.�� m_• oa,�.., r".1. ._ i ti �„ ® 7_5 NINNEKA AVENUE C.S.A.H. 156 J. U. ISLAND AVE. y O.aNr • 6a+.. Ow.. 4S•.b FnRHODE rYb.aarm ) SPADED E @ it TREE MOVING LEGEND TREE MOVING NOTES TREES TO BE MOVED CI.IY �v � I.R a•wR.fl.[ Wel w1 .d �Rr'.�1Yo SHRUBS TO BE MOVED aaaw 9rc .,aFr w lar � �a� fMlnl later. .-i% mYY11e�.a Fw aw as 1a. w N Rn II a aea....a•.ec. e....u�.= .R ate. mm°°1 11 I J ---J- 1-1' m� Y ��r.e. • �..a +.e.1.,_. �,'R°'1..Rr..'�"., «r ElALL TREE LOCATIONS AND DESCRIPTIONS ARE FROM CITY CONSULTANT _ SUMTER AVENUE_ ___ __ ;17 - -- r - 7T- -- Tr --ill — — II r I l f III ! I I f 1! I I j�111 I�I�ijli�IlEnl�❑I�t;l El1El I I I I I I ! I r I I { I Ej I I �I I� Ir I I I I I � I ! I I� 1 I I J I I I I I I WWW aaa. a..n .7,�"" � q..,.m ""t3'0".""' TREE 70 BE MOVED--- to 0 10°'". �� 1....14 "�.�.�� m_• oa,�.., r".1. ._ i ti �„ ® 7_5 NINNEKA AVENUE C.S.A.H. 156 J. U. y O.aNr • 6a+.. Ow.. 4S•.b rYb.aarm ) TREE MOVING LEGEND TREE MOVING NOTES TREES TO BE MOVED CI.IY �v � I.R a•wR.fl.[ Wel w1 .d �Rr'.�1Yo SHRUBS TO BE MOVED aaaw 9rc .,aFr w lar � �a� fMlnl later. .-i% mYY11e�.a Fw aw as 1a. w N Rn II a aea....a•.ec. e....u�.= .R ate. mm°°1 11 I J ---J- 1-1' m� Y ��r.e. • �..a +.e.1.,_. �,'R°'1..Rr..'�"., «r ElALL TREE LOCATIONS AND DESCRIPTIONS ARE FROM CITY CONSULTANT _ SUMTER AVENUE_ ___ __ ;17 - -- r - 7T- -- Tr --ill — — II r I l f III ! I I f 1! I I j�111 I�I�ijli�IlEnl�❑I�t;l El1El I I I I I I ! I r I I { I Ej I I �I I� Ir I I I I I � I ! I I� 1 I I J I I I I I I WWW aaa. a..n .7,�"" � q..,.m ""t3'0".""' TREE 70 BE MOVED--- to 0 10°'". �� 1....14 "�.�.�� m_• oa,�.., r".1. ._ i ti �„ ® 7_5 NINNEKA AVENUE C.S.A.H. 156 J. U. --.-----------•--.�.--..�--IF�'o 4 =*fAi IN 421 — 10.19aa 1aR Flall.aarr WINNETKA GREEN Rar TRI o.. e.e. PRELIMINARY TREE PLAN RYLAND HOMES y O.aNr • 6a+.. Ow.. 4S•.b --.-----------•--.�.--..�--IF�'o 4 =*fAi IN 421 — 10.19aa 1aR Flall.aarr WINNETKA GREEN Rar TRI o.. e.e. PRELIMINARY TREE PLAN RYLAND HOMES City of New Hope, Minnesota Winnetka Green - The Ryland Group, Inc. Second Closing — Parcels ## 9-14 . June 23, 2004 CLOSING DOCUMENT LIST 1. Quitclaim Deeds — City to EDA (Parcels ## 12 and 13) 2. Redevelopment Property Deed — EDA to Ryland (all parcels) 3. Certificate of Survey 4. Title Commitment 5. $215,750 portion of Purchase Price (not enclosed) 6. Amendment to Letter of Credit increasing the amount to $1,750,000 7. Declaration of Restrictive Covenants $. Bring -down certificate of Buyer as to representations and warranties in Section 2.2 of the Contract for Private Redevelopment 9. Bring -down certificate of Seller as to representations and warranties in Section 2.1 of the Contract for Private Redevelopment 10. Indemnification Agreement as to mechanics' liens 11. FIRPTA affidavit as to non -foreign status 12. Seller's Affidavit 13. Certificate of Real Estate Value 14. Closing Statement 15. Agreement of EDA to provide ALTA survey by final closing G:IWPDATAININHW HOPE1I8000CLOsiNG INDEX (TD2).DOC QV RLID NOT AHIeA. AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED JUN 15 2444 �Fig. &"jME DOC No 8376565 06!1512004 02:31 PM Certified filed and or recorded an above date: Oaplioate Office of the County Retarder Filing Hennepin County, Minnesota Certmosts Michael H. Cunniff, County Recorder Deputy 45 TranslD 39522 Fees $5.00 ConsFee $15.00 DOC $5.00 SUR $1.00 COPY $26.00 Total QUIT CLAIM DEED Corporation P -M-1 fp or Limited Liability Company to Corporation. Yamrership or Limited 1 -Wily Compal y STATE DEED TAX DUE HEREON: $1.70 Date: June —L'1-1 2004. Hen' t Cc 5DT RM It 9578 WIW2484 P -Sid $170 Duplic&i FOR VALUABLE CONSIDEPUTION, the City of New Hope, a municipal corporation under the laws of the State of Mitmesota, Grantor, hereby conveys and guiwAaims to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: The North 90 feet Brom and rear of the South 680 feet frost and rear of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220; Subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances. Check box if applicable - 0 The seller certifies that the seller does not know of any wells on the described real property. o A wet! disclosure certificate accompanies this document. to I am familiar with the property described [a this ins mnent and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The total consideration for this transfer of real CITY OF NEW property is less than $500.00 By: By: STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN Daniel J. Donahue Its. City Manager The foregoing instrument was acknowledged before me this L�— day of June, 2004, by Don Collier and Daniel J. Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a municipal corporation under the laws of the State of Minnesota on behalf of the corporation, Grantor. (Natsxial stamp or seal) i* VALERIE J. LEONE NNs�O TA NoPublic • I4GQMrtissioriErp1res„ rr.3 2X-5 THIS Jensen & Sondrnll, P.A. 8525 Pdinbrook Crossing, Suite 201 Braokiyn Park, MN 55443 (763) 424-8811 Tax Statements for the real property described in this instrument should be sent to: Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 PAAamvoyULB%I-C]iieut Igo[ders%CMI%49.150SgW.15WS-1102-QM.doc I I�I�fl IEI E�f�� flllf I��l VIII f fly rl II If I��I �%,��}FjL�� Doc No 8376564 061 ! 5d2004 02:31 PAA 'WM() P�111OR ES PAID Certified filed and or recorded on above date: TAXPAYFRS=F1`JICEu Office of the County Recorder TRANSFERS Duplicate Hennepin County, Minnesota JAM 15 2004Pling Michael H. Cunniff, county Recorder Deputy 45 TranslD 39522 Fees NC pURy $5.40 ConsFee DOC $15.00 DOG $5.00 SUR $1.00 COPY $28.00 Total 0'5[ QUIT CLAIM DEW Corporacion, Partnership or Limited Liability Company to Corporation, Partnership or Limited Liability Company STA'T'E DEED TAX DUE HEREON: $1.70 Hem co SOT Ri M ** 9-77 Date: June , 2004. 611512004 Paid $1 i0 FOR VALUABLE CONSIDERATION, the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantor, hereby conveys and quitclaims to the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: The North 90 feet of the South 760 feet of cat 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota; Subject to and together with easements, restrictions and covenant; of record; together with all hereditaments and appurtenances. Check box if applicable: ❑ The seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document I am familiar with the property described in this instrument and I cerrJify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. The total consideration for this transfer of real property is less than $500.00 STATE OF MINNESOTA } 8S. COUNTY OF HENNEI?IN CITY OF NEW HOP By: LX111 LiKuer Its: ayor By: Daniel J. Do Its: City Manager The foregoing instrument was acknowledged before me this /day of June, 2004, by Don Collier and Daniel J. Donahue, tate Mayor and City Manager, lively, of the City of New Hope, a municipal corporation under the laws of the State of Minnesota on behalf of the corporation, Grantor. (NOMUI Stamp or seal) VALERIE J. LEONE Nf)"PUBi1C-&1M,%cS()TA `' Aly Ctamnission rim: f: � ,,, �"5 Notary Public THIS INSTRUMENT DRAFTED BY: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 Tax Statements for the real property described in this instrument should be sent to: Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 P:1AtWrnep{ILB11-CHa6 FoidersXCNM99-15058199,I505"Di-QM.dor 2 (Abuvv Rescrved For Rccotdaxsg Data) REDEVELOPMENT PROPERTY DEED THIS INDENTURE, made this day of , 2004, between the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota (the "Grantor"), and The Ryland Group, Inc., a Maryland corporation (the "Grantee). WITNESSETH, that Grantor, in consideration of the sum of One Dollar ($1 A0) and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby convey and quit claim to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota described as follows: See Exhibit 1 Attached together with all hereditaments and appurtenances belonging thereto, Grantor covenants and represents that: Grantee has committed to construct certain improvements and Grantor has a right of re-entry in accordance with Sections 4.3 and 7.3, respectively, of the Contract for Private Redevelopment by and between the New Hope Economic Development Authority and The Ryland Group, Inc. dated March 19, 2004. The completion of the improvements and the release of the right of re-entry shall be evidenced by the recording of the Certificate of Completion and Release of Forfeiture attached as Exhibit 2 to this deed. The Grantor is familiar with the property described in this instrument and certifies that the status and number of wells on the described real property have not changed since the last previously filed Well Disclosure Certificate relating to each such well. IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed in its behalf by its President and its Executive Director the day and year written above. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF W HOPE s President C By . ts Execug4eltlhector STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this I a w day of 2004 before me, a notary public within and for Hennepin County, personally, ap eared Don Collier to me personally known who by me duly sworn, did say that he is the President of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. STATE OF MINNESOTA � �� A R. SY WESTER "�'�'�� NLTkRY PUBLIC -MINNESOTA +Irt = ss .'� „�°" My Ca1,jmissian WreS Jan.33, 2005 COUNTY OF HENNEPIN ) On this )RtL day of , 2004 before me, a notary public within and for Hennepin County, personally ap eared Daniel J. Donahue to me personally known who by me duly sworn, did say that he is the Executive Director of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. This instrument was drafted by: Krass Monroe, P.A. 8000 Norman Center Drive, Suite 1000 Minneapolis, MN 55437-1178 "t PAMELA R. SYLVESTER NOTARY PUBLIC -MINNESOTA t,. _, My CommissWt Expires Jan. 93.2005 LEGAL DESCRIPTION Parcel 9 (Abstract): EXHIBIT 1 The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10 (Abstract): The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel I1 (Abstract): The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being a part of Lot 38, Auditor's Subdivision No. 226. Parcel 12 (Abstract): The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Parcel 13 (Abstract): The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. Parcel 14 (Abstract): That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE WHEREAS, the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota, as Deed Document Number , has conveyed to The Ryland Group, Inc., a Maryland corporation (the "Grantee"), the following described land in County of Hennepin and State of Minnesota, to -wit: WHEREAS, said Deed contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, said covenants and restrictions being set forth in said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar is it applies to the land described herein, and the County Recorder or the Registrar of Titles in and for the County of Hennepin and State of Minnesota is hereby authorized to accept for recording and to record this instrument, and the filing of this instrument shall be a conclusive determination of the satisfactory termination of the covenants and conditions referred to in said Deed, the breach of which would result in a forfeiture and right of re-entry. Dated: 200 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By Its President By Its Executive Director STATE OF MINNESOTA } } ss COUNTY OF HENNEPIN ) On this day of , 20 before me, a notary public within and for Hennepin County, personally appeared to me personally known who by me duly sworn, did say that he/she is the President of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public STATE OF MINNESOTA } ss COUNTY OF HENNEPIN ) On this day of , 20 before me, a notary public within and for Hennepin County, personally appeared to me personally known who by me duly sworn, did say that he/she is the Executive Director of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota, and acknowledged the foregoing instrument on behalf of said Authority. Notary Public GAWPDATAWNEW HOPEXIMDOC1REDEV PROPERTY DEED (TD2).DOC CMR.Mr-10ATE Of= SUI,--Z\/EY r..�.. _..—. Ii at I- I I m !QACT R I I I I s Ci LAND DESCRIPTION portal 9: I I rr. I I Th. Nall" 70 1ee1 allM. I ____________________ — -----� i . 11111ttim, County. Minnesota, ot coding ole the pati . ecept the Wear 4el Lot thereof a, Nle old011rem cP in the offic30 eel 6 eIn* Regiakr of Daetls.w+ Old r,, I — -- — — 1 O I 61 I i<73 Hennepin county. Miaewta u_ Rnrt. �, I Pard Ifl: I ro - I The Npin 70 feel of me South $20 feel of Loi 38. Audimr, Subchwis km Number 226, Hennepin C... ty, Minnesota. .� I *-__________________ '�' yt � •�—�—i— oat edi.9 to the plot thereof on life and of record in the office of the Registrar of l7erde. in and Im Hennepin Cwnly, w tv I -I f—�-- Min newlo, except the West 40 Feat lhereol. 'J� I l 284.36 f.wfr�l; 5 I- I I I. F O p Iz -- �'2c•w I o _ -Rte' I I 1 ;R�C'f I I. I Ll_ ParaN ,i: 2 = h- 10_ r l > >. LIR d N. Fss s'r at 2 — I I — — — � I I The North 70 feel .1 In. South 590 feel, according to the tecxded plot thereof- and sit,oted i, HMnepin County. •� I fj �i �4l v T Q9- 3y�o —�J� I y Wnnveutu. Iron) ontl rear, of the West 10 acres of the Sou lhweet 0—ter at the Southeast Queerer of Scolia 5. Townsnip S41 g1p G yY. I p'_ i '1'_ nB North. Range 21 wear, e.cepr Ino Wesl 4D legit lhereol, heinq a part of Lot 38. A ditor•s S.bdiwisi— No. 226, W f j...N. L.rE a s. lrw.mir 1 6yhg prig-. W �- -1-- 3]ge4U ? L1 : u L -J f n 5 pe tNs l7: z I < a 93; - ��—LL .`�' - — z I The N«!h 90 lee[ konl and rear OF the Sou rh 680 feel teal and re« of of Lo! 3B, Audlors Supdivrs�un Na. 226. Hennepin 1 ! , (y r"n y,.• Coaaly, M-lnnasal O. rvorpt parr [o _ 1,]S. Avenue 'I�' preyed to Ino Levnly of Hennepin it Document Nos. ]917219 atl 09177$0. 0 .-.]L:^. s^.:•8.'.iic' :'i I I�[1 i _-_ Q_ __ - {_ C��`.—_ �•. .. ._ P—at 13: } ] f The NW feet o1 line Sou In 760 01 Lot 38, Auditor's SuntliviM.-ba,Ylen Nump276. nepim County, Mlnncsolo, exeepl the We st 40 40 JIM thereat. ej I M L.aws,wTT —.— r 1D P-al I e, 141J b'�� ` q q •W- �q : That part of the West 10 acres of the Swth...t 0-0r r of the Swlh... t Outer of Section 5. TO.nahip 118. Ronge 21 1 _Lf_W_v__4 .a. FT x �[ lying Som In 0 Ne North 5la8C) reel front ontl rep, and Nofin of y, Saulh 760.02 feet Iront and rear. Uing a pert of Lot �9 1 e7 _ ------ l-- IV W� 'S �— ]6, Auditor's S mWiaion No. 226. rennepin Caunly. Mlnneaelo, everol Me West 40 feet Inereuf. 5@01 ' y- a Ipp Zap _ R I s• rL__ d _A- - k LINe w a to rt 8 I -t- L -- GRAfVK 5C . IN FE4T SURVEYOR'S NOTES- LINE OP„ Vf •DENOTES Ilrw I�wwsEf4T FpuF10 1. P-0 d—iplions and numbers ore bored en the Ti", Commitment prep«ed by Old Republic W.Ii—1 Title Insurance 1 I r� 1 7 r 21 WA 19C. Company. Aatlim UCin NO. OR1019049-C, dated I'mruoy 2. 2004 old Joh," 19. 2004, T- 9. LINE LF' $I Oat , N. LME ay ] am rt _°pF N aeo5. , o T fxrTES In aaf tw I4 INC N. LINA Ia , I llt l rgranxENT NET w'Ta P—TIC S,rs^�t-- -- — ` PLUG ai5CPMED NIT. -K lo9b 2. There «e several yaps ontl overlap. in tn. d—iptibm, The gaps erlown a the ..at line of Aerctls 11 old Is are due I tlr N Sed F'f iii .1 1 NB9`4li�9'lAl — _J to the Or. a. baleen the coal itne of in, West 10 oeres of the SWI/4 of the SWI/4 and the Eael the of Lot 39. Other p atl m I I .y gaps o e az descried on —T Schedule 8, Number 19, ndicme. that these gaps shall be Cleared .p wiu on order from 0 LINE TABLE tn. Di.10.1 Court in o R.gislrofta Protaedih9 O by —d— 0— proceedings 1. C 4 V I ] This up oes na it j I NO. HEARING DKTANC � •�Y d l pulp«r to show b.ildings « :npreuemen lx � ro � e y3 i LI Si59'47'-'E t.4'1 m c n �� '{ { hereb —Lily that thi. CERTIi1CATE OF SURVEY was r..red by me or under my &—t e.perwisloh ontl lnot I am a duly r L l� ss9m'�a'e 1.77 ` c a T------------------ "t lJ - — ^ � SE9'l/,39 E L�aehsed Prolesslenol Lmtl Sucveypr under the lows of the Stale Of Minnreolo. f y 1�r s -E� Sidne P. WNliamaa, Pralesaional Lend S...e or € o I Ia n +______________ ___i y S I I ---- --� LiLNlo license Nvmbe 10918 I - ^,I ;.uNE 2oD4 ii a'G I ' av l �pVTN LMt De ae 5 E A'a,,ttn e N tp 1 1 m wE i ��---r--�---��-_�__ : : • I BGG of Form No. 1402.92 (10/17/92) ALTA Owner's Policy SCHEDULE A Amount of Insurance: $218,750.00 Date of policy: Date and Time of Recording 1. name of insured: The Ryland Group, Inc., a Maryland Corporation Order Number: NGS-86449-1-MPLS Page Number: 2 Policy Number: Proforma 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: The Ryland Group, Inc., a Maryland Corporation 4. The land referred to in this policy is described as follows: Real property in the City of New Hope, County of Hennepin, State of Minnesota, described as follows: Parcel 9: The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10: The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel 11: The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being a part of Lot 38, Auditor's Subdivision No. 226. Parcel 12: The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Rf3tA nffkan Title Insurances Company Form No. 1402.92 (10117192) Order Number. NCS-86449-1-MPiS ALTA Owner's Policy Page Number: 3 Parcel 13: The North Bo feet of the South 760 feet of lot 38, Auditor's Subd'nrrision No. 226, Hennepin County, Minnesota. Parcel 14: That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, (Nest of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. NOTICE: This is a pro -forma policy fumished to or on behalf of the party to be insured. It neither reflects the present status of title, nor is it intended to be a commitment to insure. The inclusion of endorsements as part of the pro -forma policy in no way evidences the willingness of the Company to provide any affirmative coverage shown therein. There are requirements which must be met before a final policy can be issued in the same form as this pro -forma policy. A commitment to insure setting forth these requirements should be obtained from the Company. ' I 1 Ri3tAmaican Title Inswance Cbmpany Form No. 1402.92 (10117192) ALTA Owner's Policy SCHEDULE 8 EXCEPTIONS FROM COVERAGE Order Number: NCS-86449-1-MPLS Page Number: 4 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Real estate taxes due and payable in the years 2005 and thereafter. 2. Special assessments hereafter levied. 3. Sanitary sewer easement in favor of the Village of New Hope,, as created in Doc. No. 3199347. 4. Storm sewer easement in favor of the Village of New hope, as created in Doc. No. 4020312. 5. Storm sewer easement as evidenced by Doc. No. 3160227. 6. Sanitary sewer easement as evidenced by Doc. No. 3168451 (County Recorder). 7. Right of way for Winnetka Avenue as presently laid out and traveled. B. Terms and conditions of the Contract for Private Redevelopment between the New Hope Economic Redevelopment Authority, and The Ryland Group, Inc., dated March 19, 2004, which is unrecorded but which is referred to in the Redevelopment Property Deed dated . 2004, recorded _ , 20004 in the office of the County Recorder as Doc. No. _ and recorded 2004 in the office of the Registrar of Titles as Doc. No. 9. Terms and conditions of the Declaration of Restrictive Covenants and Prohibition Against Tax Exemption dated .; 2004, recorded . 2004 in the office of the County Recorder as Doc. No. . and recorded . 2004 in the office of the Registrar of Titles as Doc. No. 10. Possible internal gaps between the parcels comprising the land, as said parcels are described on Schedule A. Ifou.44,bW1 Chi chi c► -ea, JIW m , or cin l k=d dolei M t -a M09m W /;q�. aaLf *a& & jo IOWACr ' a7qung, of *C1P7-7CW7 Il �r'Y,� /� wy�7`AC�� Fti� flTr�C�r� Form Na 1402.92 (16/17/92) ALTA Ovew +s Policy Order Numbe NCS-86449-1-MPLS Page Numbw..5 ENDORSEMENT Aiiached to Policy No. Proforma Issued By First American Title Insurance Company The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of: 1. Any incorrectness in the assurance that, at bate of Policy: (a) There are no covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired. (b) Unless expressly excepted in Schedule B: (1) There are no present violations on the land of any enforceable covenants, conditions or restrictions, nor do any existing improvements on the land violate any building setback lines shown on a plat of subdivision recorded or filed In the public records. (2) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land does not, in addition, (i) establish an easement on the land; (ii) provide a lien for liquidated damages; (iii) provide for a private charge or assessment; (iv) provide for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant. (3) There is no encroachment of existing improvements located on the land onto adjoining land, nor any encroachment onto the land of existing improvements located on adjoining land. (4) There is no encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B. (5) There are no notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or.filed in the public records. 2. Any future violation on the land of any existing covenants, conditions or restrictions occurring prior to the acquisition of tide to the estate or interest in the land by the Insured, provided the violation results in: (a) Invalidity, loss of priority, or unenforceability of the lien of the insured mortgage; or (b) loss of tide to the estate or interest in the land if the Insured shall acquire title in satisfaction of the indebtedness secured by the insured mortgage. FirstAmak—an Title 1175UrafXe Company Form No. 1402.92 (10/17/92) Order Number. NCS-86449-1-MPLS ALTA Owner's Pogcy Page Number. 6 3. Damage ba existing improvements, including lawns, shrubbery or trees: (a) which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or nerved; (b) resulting from the future exercise of,any right to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing improvements on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used In paragraphs 1(b)(1) and 5, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This endorsement is made a part of the policy and is subject to all of the terns and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. F.A. Form 42 CLTA form 100.2 (Revised 3127/92) ALTA Form 9 %IrstAine-kan TM-Insmanme Company Form No. 1402.92 (10117/92) ALTA Owner's Policy Order Number. NCS-86449-1-MPLS Page Number 7 ENDORSEMENT Attached to Policy No. Proforma Issued By First American Title Insurance Company The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as that delineated on the plat of a survey made by TBD on TSD, designated Job No. TBD . This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CLTA Form 116.1 (Revised 6-1496) ALTA o TA - Owner or Lender By: A rized Signature "fl'12 155Gtc"lx.¢.. c� `i�7i6 Pa'XlO�Sfl7►P,� i8 Cf�Y�11,;� f U�UYL.- Jfr!m,10-10tq� ��1�` � �n AU- , R13tAmencan Tide Insr"nc7e Corn y Form No. 1402.92 (10/17/92) ALTA Owner`s Policy Order Number: NCS-86449-1-MPLS Page Number: S ENDORSEMENT Attached to Policy No. Proforma Issued By First American Title Insurance Company The Company hereby insures the insured against loss or damage which the insured shalt sustain by reason of the failure of the land described in Schedule A to be contiguous to This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CLTA Form 116.4 (Revised 6-1496) ALTA or CAT, Owner or Lender By: WX- gyp, or of�+� P First American rZ&InsvranceCompany Form No. 1402.92 (10/17/92) ALTA Owner's Policy Order Number: NCS-86449-1-MP15 Page Number: 9 ENDORSEMENT Attached to Policy No. Proforma Issued By First American Title Insurance Company The Company hereby insures the Insured against loss or damage sustained or incurred by the Insured by reason of the land referred to in Schedule A not consisting of separate tax lot(s) or said iot(s) including any property not included within said land. This endorsement is made a part of the Policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Policy and prior endorsements, if any, nor does it extend the effective date of the Policy and prior endorsements or increase the face amount thereof. F.A. Form 64 (Revised 399) Separajfzlfx bot FirstAmencan 7111eln"ance CbaWny Form No. 1402.92 (10/17/92) ALTA Owner's Policy Order Number- NCS-66449-1-MPLS Page Number. 10 ENDORSEMENT Attacked to Policy No. Proforma Issued By First American Title Insurance Company The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to abut upon a physically open street known as Winnetka Avenue North. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the efffectrve date of the policy and any prior endorsements, nor does it increase the face amount thereof. CLTA Form 103.7 (Rev. 6-1496) ALTA orA-tA - Owner or Lender {e j6roP l First American Tide Insurance Company BankofAmer ica -qW DATE: JUNE 17, 2004 A-MMMMT TO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3062753 AMENMVIE `T NUM$ER 2 BENEFICIARY APPLICANT NEW HOPE ECONOMIC DEVELOPMMT THE RYLAND GROUP, INC. AUTHORITY 24025 PARK SORRENTO 4401 XYLON AVENUE SUITE 400 NEW HOPE, MN 55428 CLABA AS, CA 91302 THIS AMMUMENT IS TO BE CONSIDERED AN INTEGRAL PART or THE ABOVE AND MUST BE ATTACHED THERETO. GAIT "iliE ABOVE MENTIONED CRRDIT IS AMENDED AS FOLLOWS THE AMOUNT OF THIS CREDIT HAS BEEN INCREASED SY USD 1,250,000.00 THE AGGnr-ATE AMOUNT OF THE CREDIT IS NOW USD 1,750,000.00 ALL OTHER TERMS AND CONDITIONS REMIiIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE: ANY 0JESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 213-345-0132. 4 ----------------- AUTHORIZEDSIONATURE AUTHORIZED SIGNATURE______ THIS DOCUMENT CONSISTS OF 1 PAQt(S) . DOSE T. AGUSTIN Nawmq &amu (Ah space reserved for recording information ) DECLARATION OF RESTRICTIVE COVENANTS AND PROHIBITION AGAINST TAX EXEMPTION This Declaration is made and executed as of theday of June, 2004 by The Ryland Group, Inc., a Maryland corporation ("Declarant'). 2� RECITALS A. Declarant is fee owner of the premises located in the County of Hennepin, State of Mirmesota described on Exhibit A attached hereto (the "Property"). B. The New Hope Economic Development Authority, a public body corporate and politic (the "Authority") has entered into a Contract for Private Redevelopment dated March 19, 2004 with the Declarant (the "Redevelopment Agreement"). The Redevelopment Agreement provides for certain assistance, financial and otherwise, to be provided by the Authority in connection with the construction of residential housing by the Declarant on the Property. NOW, THEREFORE, in consideration of the foregoing, Declarant, for itself and its successors and assigns, does hereby declare that the Property shall be owned, used, occupied, sold and conveyed subject to the following covenants and restrictions: 1. No part of the Property shall become tax exempt from the levy of ad valorem property taxes, or any statutorily authorized alternative, until December 31, 2031. 2. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property, provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the Authority and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the Authority, and variances may be granted to the covenants and restrictions herein contained by the sole act of the Authority. These covenants and restrictions shall be enforceable only by the Authority, and only the Authority shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. 3. The covenants and restrictions herein contained shall remain in effect until December 31, 2031 and thereafter shall be null and void. 4. If any one or more of the covenants or restrictions contained in this Declaration are held to be invalid or enforceable, the same shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. Dated: June, 2004 THE RYLAND GROUP, INC. By: Steven J. Logan Its Assistant Vice President STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this C d day of June, 2004 before me, a notary public within and. for Hennepin County, Minnesota, personally appeared Steven J. Logan, the Assistant Vice President of The Ryland Group, Inc., a Maryland corporation, and acknowledged the foregoing instrument on behalf of said corporation. tary Public +, 410TAW PUBLIC • ONNESM r ' My COMMISSION EXPREM, NOW _JANUARY $NiMw Exhibit A Legal Description for Declaration of Restrictive Covenants and Prohibition Against Tax Exemption Parcel 9 (Abstract): The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10 (Abstract): The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel 11 (Abstract): The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being apart of Lot 38, Auditor's Subdivision No. 226, Parcel 12 (Abstract): The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Parcel 13 (Abstract): The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. Parcel 14 (Abstract): That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. zizisr7vi I, Steven J. Logan, being the Assistant Vice President of The Ryland Group, Inc., a Maryland corporation (the 'Redeveloper"), does hereby certify as follows: 1. This Certificate is furnished pursuant to Sections 3.4(a)(viii) and 3.6(b)(ii) of that certain Contract For Private Redevelopment dated March 19, 2004 (the "Contract") by and between the Redeveloper and the Economic Development Authority in and for the City of New Hope (the "Authority"). Terms not defined herein shall have the meanings given them in the Contract. 2. All of the representations and warranties made by the Redeveloper in the Contract are true and correct on and as of the date hereof. 3. The Redeveloper has performed or complied in all respects with all of the agreements and covenants required to be performed or to be complied with by it on or prior to closing of the transactions contemplated by the Redeveloper. IN WITNESS WHEREOF, the undersigned has signed this Certificate as of this Vjd day of June, 2004. THE RYLAND GROUP, INC. Lo 2121822x1 Steven J. Logan Its Assistant Vice President BRING -DOWN CERTIFICATE (Seller) I, Daniel J. Donahue, being the Executive Director of the Economic Development Authority in and for the City of New Hope (the "Authority"), do hereby certify as follows: i. This Certificate is furnished pursuant to Sections 3.4(b)(vi) and 3.6(a)(vi) of that certain Contract for Private Redevelopment dated March 19, 2004 (the "Contract') by and between the Authority and The Ryland Group, Inc. (the "Redeveloper"). Terms not defined herein shall have the meanings given them in the Contract. 2. All of the representations and warranties made by the Authority in the Contract are true and correct on and as of the date hereof. 3. The Authority has performed or complied in all respects with all of the agreements and covenants required to be performed or to be complied with by it on or prior to closing of the transactions contemplated by the Authority. WITNESS WHEREOF, the undersigned has signed this Certificate as of this 1$ day o 2004. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Dfiiiel J. DonaAiie Executive Director G-IWPDATAIWINEW HOP ISOOMRINGDOWN CERT (CITY).DOC INDEMNIFICATION AGREEMENT (Mechanic's Liens) THIS AGREEMENT, is made as of the day of June, 2004, by and between the Economic Development Authority in and for the City of New Hope, a public body corporate and politic (the "Authority) and The Ryland Group, Inc., a Maryland corporation ("Redeveloper"). WHEREAS, the parties hereto entered into a certain Contract For Private Redevelopment, dated March 19, 2004 (the "Redevelopment Agreement'), whereby Authority agreed to sell to Redeveloper, and Redeveloper agreed to purchase from Authority, certain real property located in the City of New Hope, Minnesota, and consisting of approximately 42 tracts of land for development of a planned community to be ]mown as "Winnetka Green" (the "Property"); and WHEREAS, the Redevelopment Agreement contemplates that Authority will perform certain development work on the Property which could result in mechanic's liens against the Property or a part thereof, and WHEREAS, simultaneously with the execution of this Agreement, the parties are closing on the sale of Tract DI consisting of Parcels 9 through 14 of the Redevelopment Property, inclusive (collectively, the "Lots"). NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Authority hereby agrees to indemnify Redeveloper and hold Redeveloper harmless from and against all loss, cost, claim, liability and expense, including without limitation attorneys' fees, that Redeveloper may incur in connection with mechanics' liens unfiled as of the date of this Agreement for any work completed or materials famished at the Authority's behest at or about the Property on or prior to the date of this Agreement. 2. Authority agrees to remove any mechanic's liens against the Lots or any of them, relating to work done or materials famished at the Authority's behest prior to the date of this Agreement, within thirty (30) days after request therefor by Redeveloper. 3. This Agreement shall be governed by the laws of the State of Minnesota. 4. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned have entered into this Agreement as of the date first above written. THE RYL GROUP, INC. By. Steven J. Logan Its Assistant Vice President ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE 0 2121826v1 Daniel 1. Donahue Its Executive Director IN WITNESS WHEREOF, the undersigned have entered into this Agreement as of the date first above written. THE RYLAND GROUP, INC. LM Steven J. Logan Its Assistant Vice President ECONONHC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE C By: ` aniel J. D onkf rue Its Executive Director GAWPDATAWWEWHOPEU8000' NDEhiNMCAUONMECHAMCSLIENS CM2).00C AFFIDAVIT REGARDING FOREIGN INVESTORS REAL PROPERTY TAX ACT OF 1980 WHEREAS, the Economic Development Authority in and for the City of New Hope, a Minnesota public body corporate and politic ("Seller'), entered into a Contract for Private Redevelopment dated as of March 19, 2004 (Contract'), with The Ryland Group, Inc., a Maryland corporation ("Purchaser"), pertaining to the redevelopment of various parcels of real property in Hennepin County, Minnesota; and WHEREAS, as part of the Contract the Seller agreed to convey to the Purchaser that certain real property located in Hennepin County, Minnesota and described on the attached Exhibit A ("Land"). NOW, THEREFORE, the undersigned, having been duly sworn under oath by the subscribing Notary Public, does hereby represent and warrant as follows: 1. The undersigned is the Executive Director of Seller and is duly authorized to execute and deliver this affidavit on behalf of Seller. 2. (a) Seller acknowledges that sale of the Land to Purchaser by Seller constitutes a transfer of a "U.S. Real Property Interest" as that term is defined in the Foreign Investors Real Property Tax Act of 1980, as amended CTIRPTX. (b) Seller makes this affidavit to inform the United States Internal Revenue Service CT S') that Purchaser has no duty to collect withholding taxes for Seller pursuant to FIRPTA and hereby grants permission for Purchaser to file this affidavit with the IRS pursuant to any present or future applicable laws or regulations. (c) The Seller is not a foreign person. (d) The Seller's United States Taxpayer's Identification Number" is 41- 6008870 , 3. This Affidavit is made with the knowledge that the contents hereof will be relied upon by Purchaser in purchasing the Land and by the Title Company by insuring Purchaser's title to the Land. IN WITNESS WHEREOF, undersigned have executed this document on behalf of Seller this 2 day of June, 2004. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE 1.ilav) By: angel J. Do e Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) This instrument -was acknowledged before me this day of June, 2004, by Daniel J. Donahue, the Executive Director of the Economic Development Authority in and for the City of New Hope, a public body corporate and politic under the laws of Minnesota., on behalf of the Authority. Notary Public 42 FAMELAR.SYLVESTER }• ..M A Y wr-MINNESOTA GIWPDATAW'J,MW HOPEA B1DOCO"TA AFFIDAVTT (TD2).DOC ; ` My Cninrfbsion Expires Jan.31. 2005 Legal Description Parcel 9 (Abstract): Exhibit A The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10 (Abstract): The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel 11 (Abstract): The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being a part of Lot 38, Auditor's Subdivision No. 226. Parcel 12 (Abstract): The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Parcel 13 (Abstract): The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. Parcel 14 (Abstract): That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota_ (Above Reserved For Recording Data) STATE OF MINNESOTA ) ) ss. SELLER'S AFFIDAVIT COUNTY OF HENNEPIN ) Daniel J. Donahue, being first duly sworn, on oath does say that: 1. He is the Executive Director of the Economic Development Authority in and for the City of New Hope, a Minnesota public body corporate and politic (the "Authority"), the current owner of that certain real estate described in the attached Exhibit A (the "Premises"). 2. The Authority's principal place of business is at 4401 Xylon Avenue North, New Hope, Minnesota 55428. 3. The Authority's federal tax identification number is: 41-6008870. 4. There have been no: a. Bankruptcy or dissolution proceedings involving the Authority during the time the Authority has had any interest in the Premises. b. Unsatisfied judgments of record against the Authority, nor any actions pending in any courts which affect the Premises, other than the eminent domain proceedings pending to cure a "gap" area or areas that have already been specifically disclosed to The Ryland Group, Inc. C. Tax liens filed against said Authority. 5. Any bankruptcy or dissolution proceedings of record against entities with the same or similar names, during the time period in which the Authority has had any interest in the Premises, are not against the Authority. 6. Any judgments or tax liens of record against entities with the same or similar names are not against the Authority. 7. The Authority will accept responsibility for payment for all labor and materials furnished to the Premises to date at the Authority's request or on the Authority's behalf and for which payment has not been made. 8. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises beyond those that have already been specifically disclosed to The Ryland Group, Inc. 9. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 10. There are no encroachments or boundary line questions affecting the Premises of which Affiant has knowledge, other than the "gap" area or areas that have already been specifically disclosed to The Ryland Group, Inc. 11. This Affidavit is made as respects the real property described on Exhibit A. Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of inducing the passing of title to the Premises. Daniel I Don ue Subscribed and sworn to before me this �$�.day of , 2004. Notary Public (Notarial Stamp or Sea]) - - - - - - - - - •, NOTARY PUBUG-MINNESOTA My Commission Expires Jan. 31.2005 GAWPDATAWWew Hop6\I85Dw\Se]laa Afridavit (TD2).doc 2 Drafted By: Krass Monroe, P.A. 8000 Norman Center Drive, Suite 1000 Minneapolis, MN 55437-1178 (952) 885-5999 Legal Description Parcel 9 (Abstract): Exhibit A The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10 (Abstract): The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel 11 (Abstract): The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being a part of Lot 38, Auditor's Subdivision No. 226. Parcel 12 (Abstract): The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Parcel 13 (Abstract): The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. Parcel 14 (Abstract): That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being apart of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. 3 MINNESOTA- REVENUE Certificate of Real Estate Value PE20 Names of buyers (last, first, MI) Address Daytime ime Ph one 7600 Executive Drive The Ryland Group,Inc. Eden Prairie MN 55344 (952)229-6000 Names of sellers (last, first, Mr) New address Daytime phone New Hope Economic Development 4401 Xylon Avenue North ( ) Authority New Hoe N 28 763 5315112 — Street address or rural route of property purchased City or township County N/A New Hope Hennepin L Date of deed a contact Legal description of property purchased (lot, block and plat) or attach 3 Copies of the legal description See Exhibit A attached Z. tont purchase price#.'Li 8 750. Was personal property Included In purchase price (e.g., furniture, inventory, equipments , ❑ Yes [j No If yes, Net property and_, 3. Down payment current (not replacement) value at right, and enter ` total in Box 5 below- use hack of form If needed. ..� 4- Points or prepaid Interest paid by seller 5. Current value of personal property $0.0o $ 6. Type of acquisition (check all that apply) ❑ ewer and seller are relatives or related businesses ❑ Contract paid off or resold ❑ Property received In trade ❑ Buyer or seller is religious or charitable otganizatlon ❑ Name added or removed from deed ❑ Purchase agreement signed over two years ago ❑ Buyer or seller is unit of government ❑ Property condermad or foreclosed upon ❑ Buyer purchased partial Interest only ❑ Property roceived as gin or inheritance 7. Type of property transferred (check all that apply) ® Land only ❑ Land and buildings ❑ Construction of new building after Jan. 1 of year of sale S. Planned use of property (check one) X❑ Residential: single family ❑ Agdcultural. Number of acres: {attach Schedule PE20A)_ ❑ Residential: duplex, triplex ❑ Apartment (residential, four or more units). Number of units: (attach Schedule PE20AX ❑ Cabin or recreational (noncommercial) ❑ CommerciaWndustrial. Type of business: (attach Schedule PF20Ak ❑ Other. Describe- (attach Schedule PE2W 88. Will this property be the buyer's principal residence? ❑ Yes ® No Method of financing (complete only if seller -financed, including contracts -for -deed and assumed mortgages) Assumed Contract Mortgage or contract -for -deed Monthly payment Interest rate Number of Date of any lump, mortgage for dead amount at purchase (principal & Interest) now in effect payments sum (balloon) payments 9. ❑ ❑ 10. ❑ Sign here_ I declare under penalty of law that the information on this form Is tare, correct and complete to the best of my knowledge and belief. Printname�igtreture/ D e Daytime phone Steve Logan, Asst. V.P. 6-';04 (952)229-6000 Comities: Cumulate this section - ca Co T Yr Sit I so Yr Lana 81dg Tot Pdmaryprapertyy IO number Secondary parcel 10 number h- C. d. Are ltrerc moreparcels? ❑Yea [:IN. Put addrlonal to numbers m bac, or farm. noble IGER I CRP rent I Use Deed Yr Land laidg Land forttudy ❑ Ws ❑Na rina. gve ria' son/cade x roc ST Adlc MS uea Tillable ENV Apt FM GA L 1 FAY 2 W In Gr Pr oats T IAS S .- 31. Buyer's Social Security numbers (or Minnesota or federal ID numbers) g 1 52-0849948 zd 2- a m 3 DEPARTMENT OF REVENUE COPS' 12. Seller's Social Security numbers (or Minnesota or federal ID numbers) 1 41-6008870 2 3 i' .10 DEPARTMENT OF REVENUE COPY 72610 Exhibit A Legal Description for Certificate of Real Estate Value Parcel 9 (Abstract): The North 70 feet of the South 450 feet, except the West 40 feet, Lot 38, Auditor's Subdivision No. 226. Parcel 10 (Abstract): The North 70 feet of the South 520 feet of Lot 38, Auditor's Subdivision No. 226. Parcel 1.1 (Abstract): The North 70 feet of the South 590 feet, according to the recorded plat thereof, and situate in Hennepin County, Minnesota, front and rear, of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, except the West 40 feet thereof, being apart of Lot 38, Auditor's Subdivision No. 226, Parcel 12 (Abstract): The North 90 feet front and rear of the South 680 feet front and rear of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota, except that part conveyed to the County of Hennepin in Document Nos. 3917219 and 3917220. Parcel 13 (Abstract): The North 80 feet of the South 760 feet of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. Parcel 14 (Abstract): That part of the West 10 acres of the Southwest Quarter of the Southwest Quarter of Section 5, Township 118, Range 21, West of the Fifth Meridian lying South of the North 513.80 feet front and rear and North of the South 760.02 feet front and rear, being a part of Lot 38, Auditor's Subdivision No. 226, Hennepin County, Minnesota. k% *� FirstAmcdcan Tidelnsurance Co pany National Commercial Services 1900 Midwest Plaza West, 801 Mcollet Mall - Minneapolis, MLN 55402-2504 Settlement Statement Property: Winnetka Green PYie No: NCS-86449-1-MPLS Officer: Jordan Schlossmanfjas Buyer: The Ryland Group, Inc. Address: 7600 Executive Drive, Eden Prairie, MN 55344 SeUer: New Hope Economimic Development Authority Address: 4401 Xylon Avenue North, New Hope, MN 55428 New Loan No: Settlement Date: 06/23/2004 Disbursement Date: 06/23/2004 Print Date: 6/22/2004,5:42 PM BUYERS): SELLER(S): The Ryland Group, Inc., a Maryland Corporation New Hope Econommic Development Authority, a Minnesota Corporation By. By: Daniel J. Donahue, Its: Executive Its: Director Page I of I First American Title Insurance Company 'National Commercial Services 1900 Midwest Plaza West, 801 Nicollet Mall • Minneapolis, MN 55402-2504 Settlement Statement i Property: Winnetka Green File No: NCS-86449-1-MPLS Officer: Jordan Schiossman/jas s New Loan No: Settlement Date: 06/23/2004 Disbursement Date: 06/23/2004 Print Date: 6/22/2004, 5:42 PM Buyer: The Ryland Group, Inc. Address: 7600 Executive Drive, Eden Prairie, MN 55344 Seller: New Hope Econommic Development Authority Address. 4401 Xylan Avenue North, N --w Hope, NIN 5- .42" -Buyer Char a Buyer Credit Charge Description Seller Charge Seller Credit Consideration: 218,750.00 Total Consideration I 218,750.00 Deposits in Escrow: i — 219,553.46 Receipt No. 597920 on 06/18/2004 by The Ryland Grou ,Inc. 1 i - Prorations- _ 227.57 2004 Real Estate Taxes 06/23/04 to 06/30/04 @-$10411.10/yr i 227-57 Title/Escrow Charges to: - 219.00 I Owner's Premium ($2I8,750) to First American Title Insurance Comfy National Commercial Services �1 250.00 Closing -Escrow Fee to First American Title Insurance 250.00 Company National Commercial Services j Assessment Search to First American Title Insurance 210,00 1 — ____._.__,__ campany National Commercial Services — Search and Exam to Fust American Title Insurance — 575.00 -Company Com an National Commercial Services_ 50.00 ! Recording Fee to First American Title Insurance Company — —80-00 i — — ___.__—�_ _—� — National Commercial Services _ Documentary Transfer Tax -County to First American Title —_ 743.75 Insurance Company National Commercial Services f - - — — Disbursements Paid: First Half 2004 Taxes (05-118-21-33-0014) to Hennepin 651.03 —County Treasurer _ 56.89 Cash ( From) (X To) Borrower — Cash (X To) ( From) Seller 216,467.79 219,553.46 1 219,553.46 218,977.57 1 218,977.57 BUYER(S): SELLER(S): The Ryland Group, Inc., a Maryland New Hope Econommic Development Corporation Authority, aMinn o. ration By: By: Danie Donahue, Its: Executive Director Page 1 of 1 June 24, 2004 Wayne Soopan Operational Vice President The Ryland Group, Inc. 7600 Executive Dr Eden Prairie, MN 55344 Re: Contract for Private Redevelopment dated March 19, 2004 Dear Mr. Soojian: This letter shall serve as the undertaking of the New Hope Economic Development Authority to deliver the survey required by Section 3.3(e)(ii) of the above -referenced Contract on or before September 1, 2004, the closing date for the conveyance of Tract III pursuant to Section 3.3(b)(iii) of the Agreement. Very truly yours, NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY By Daniel Its Executive Director cc: James Dierking, Esq. G:\WPDATA\N\NEW H0P@\18\D0C\9URVEY UNDERTAKING.DOC CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 • www ci_new-hope.mn us City Hall: 763-531-5100 + Police (non -emergency): 763-531-5170 + Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Originating Department Community Development Kirk McDonald EDA REQUEST FOR ACTION Approved for Agenda 07-26-04 Agenda Section EDA Item No. A RESOLUTION AUTHORIZING APPROVAL OF A TERM SHEET BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND RYLAND HOMES FOR PHASE III OF THE WINNETKA GREEN REDEVELOPMENT (IMPROVEMENT PROJECT NO. 751) REQUESTED ACTION Based on direction provided by the City Council on June 28, 2004, staff and consultants have coordinated on terms of agreement with Ryland Homes on the Phase III of the Winnetka Green project. Enclosed is a term sheet and resolution prepared by Krass Monroe, the city's redevelopment consultant. Also enclosed is the most recent concept plan prepared by Ryland Homes for Phase Ill. Ryland has also included a narrative related to the expansion. Jim Casserly from Krass Monroe will be present at the meeting to review the terms of agreement with the EDA. Approval of the term sheet is the next step that needs to be taken to keep the Phase III expansion moving forward. Staff recommends approval of the resolution. POLICY/PAST PRACTICE The Council routinely takes action on redevelopment projects that are consistent with the Comprehensive Plan of the city. BACKGROUND Ryland Homes presented a proposal for a Phase Ill expansion of the Winnetka Green project to the City Council at the June 21, 2004, work session. On June 28, 2004, the Council authorized staff to coordinate with Ryland Homes on the proposed Phase III of the Winnetka Green redevelopment project. Staff and consultants have been working with Ryland Homes to develop the attached term sheet over the past month. The term sheet is acceptable to both the city and the redeveloper. According to the term sheet, the six parcels east of Sumter Avenue will be conveyed to the develop by May 1, 2005 and best efforts will be used to convey the two parcels west of Sumter Avenue by July 1, 2005. To meet the property conveyance dates outlined in the term sheet, the city would need to have control of the properties approximately one month prior in order to complete environmental abatement and demolition activities. If a voluntary purchase agreement for a parcel can not entered into, eminent domain will be used for acquisition. The term. sheet also indicates that approximately 42 units of the same product types as approved in the original plan will be constructed in Phase III, with the exact number and type of units to be determined upon completion of a stormwater analysis, survey and planning commission and Council approval. MOTION BY ASECOND BY TO: EPA I:IrfalplanningUvable communitieslQ-term sheet rvland chase Ill Request for Action Page 2 07-26-04 Ryland Homes has submitted a revised concept plan, as follows: Original Plan 117 Carriage Homes 58 Heritage Condos 175 Homes The next steps would include: Phase III Concept Plan 184 Carriage Homes 34 Heritage Condos 218 Homes Continue to coordinate with property owners on acquisition process Conduct a neighborhood meeting in August • Continue work on detailed plans • Amend redevelopment contract • Complete blight report • Amend existing TIF District Staff recommends approval of the attached resolution and term sheet related to the Phase III expansion of Winnetka Green. ATTACHMENTS • Resolution Term Sheet • Ryland Homes Correspondence (07-20-04) 4 Concept Plan NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2004-28 A RESOLUTION AUTHORIZING APPROVAL OF A TERM SHEET BETWEEN THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY AND RYLAND HOMES FOR PHASE III OF THE WINNETKA GREEN REDEVELOPMENT BE IT RESOLVED by the New Hope Economic Development Authority (the "EDA") as follows: Section 1. Recitals. 1.01 Ryland Homes (`Ryland") of The Ryland Group, Inc. is currently constructing Phases I and II of the Winnetka Green redevelopment project on Winnetka Avenue East. 1.02 Ryland approached the City Council of the City of New Hope (the "Council") with a proposal for a Phase III to be added to the project and, at its June 28, 2004 meeting, the Council authorized staff to examine the feasibility of adding Phase III (the "Site"). '7.03 The Site is located within Redevelopment Project No. 1. 1.04 The EDA and Ryland have worked to refine the Site plan for Phases I and II to accommodate and include Phase III and also determine the economic feasibility of Phase III. 1.05 The EDA has presented a term sheet (the "Term Sheet") to Ryland, attached as Schedule A, which outlines Phase III and the terms and conditions under which the EDA is willing to acquire the parcels in the Site for inclusion in the Winnetka Green redevelopment. Ryland has indicated its willingness to undertake Phase III in accordance with the Term Sheet. 1.06 It has been proposed that the EDA enter into a Contract for Private Redevelopment (the "Contract") with Ryland if mutually agreeable terms can be reached consistent with the Term Sheet. Section 2. Findings. 2.01 The EDA hereby finds that Phase III of the Winnetka Green redevelopment project promotes the objectives outlined in its Restated Redevelopment Plan for Redevelopment Project No. 'I established pursuant to Minnesota Statutes, Section 469.001 et seq. 2.02 The EDA hereby finds that the Site is located in an area which the EDA intends to include in a modification to tax increment financing district No. 03-1 (Special Law) pursuant to Minnesota Statutes, Section 469.174 et seq. and, as applicable, Laws of Minnesota 2003, Vt Special Session, Chapter 21, Article 10, Section 10, all as amended and supplemented from time to time. Section 3. Authorizations. 3.01 The President and the Executive Director (the "Officers"), along with necessary staff, attorneys and consultants for the EDA, are hereby authorized to negotiate a Contract for Private Redevelopment with Ryland relating to the Site, which Contract shall be presented to the EDA for its approval. Adopted by the EDA this 26th day of July 2004. ollier, President ATTEST: C niel J. Donahue, xecutive Director G:IWPDATAININEW HOPE1261DOC\EDA RESOL AUTHG TERM SHEET.DOC 2 Schedule A TERM SHEET v5 7121104 TERM SHEET City of New Hope Winnetka Green (Phase III) Redeveloper: The Ryland Group, Inc. Authority: New Hope Economic Development Authority City: The City of New Hope, Minnesota Redevelopment Property: The 8 cross -hatched parcels shown on the diagram attached as Exhibit A adjacent to Winnetka Green Phases I and II and currently owned by various private parties. Property Acquisition: The Authority will attempt to purchase the Redevelopment Property through negotiations with the current owners. The Authority will use its best efforts to schedule closings to occur as early and on as few different dates as possible, which the Redeveloper acknowledges may necessitate permitting property owners to remain in their homes following closing under a lease arrangement. The Authority will assign the purchase agreements to the Redeveloper so that the Redeveloper will take title to the Redevelopment Property directly. Eminent Domain: If the Authority is unable to enter into voluntary purchase agreements for some of the parcels, the Authority will acquire them through eminent domain, including the use of quick take, provided (1) the required public purpose findings can be found to support such action and (2) a Redevelopment Agreement has been executed. Modification of TIF District: The Authority shall modify tax increment financing district 03-1 (Special Law) to include the Redevelopment Property (the "TIF District") assuming the statutory tests for modification are met. The Authority will properly consider and will need to make all the necessary findings, including the "but for" finding for modification of the TIF District. Conveyance of the Redevelopment Property to the Redeveloper shall be contingent upon the Authority's ability to modify the TIF District. Redeveloper Due Diligence Period: The Redeveloper shall have the right during the Feasibility Period to investigate title and to make such investigations, studies and tests of the Redevelopment Property as it deems necessary or appropriate to determine the feasibility of proceeding with Phase III. The Feasibility Period shall begin upon execution of this Term Sheet and end 30 days thereafter. Public Improvements: The Authority will perform the Public Improvements listed on Schedule F to the Redevelopment Agreement relating to Phases I and II (the "Original Agreement"). Site Improvements: The Redeveloper shall construct and pay for the Site Improvements listed on Schedule G to the Original Agreement. Redevelopment Costs: The Authority will incur the following costs in connection with its acquisition of the Redevelopment Property and performance of its other obligations hereunder ("Redevelopment Costs"): • Appraisals • Blight analysis • Acquisition, including title, survey, closing and escrow • Relocation • Demolition • Environmental testing and remediation, if any • Public Improvements • Third -party legal and consulting fees, including planning, engineering, modification of the TIF District, preparation of a redevelopment agreement for Phase III and acquisition of the Redevelopment Property The parties may agree that the Redeveloper will perform demolition and Public Improvements, subject to the Authority's right to review the proposed contracts for such work. Land Purchase Price: The Authority shall sell the Redevelopment Property to the Redeveloper for an amount per unit equal to the Authority's total Redevelopment Costs divided by the total number of units. The Purchase Price per unit shall be reduced for units completed by December 31, 2010 as set forth under "Reduction in Purchase Price" below. Payment of Purchase Price: (1) The Redeveloper shall pay earnest money to the Authority of $25,000 upon execution of this term sheet and an additional $125,000 upon execution of the Redevelopment Agreement,'with the funds to be used for Redevelopment Costs. The Authority shall provide a monthly accounting of disbursements of earnest money. (2) In addition, the Redeveloper shall pay to the Authority, at least one day prior to each closing on a parcel of Redevelopment 2 Property, immediately available funds in the amount required to be delivered at the closing. For parcels acquired by eminent domain, the Redeveloper shall pay to the Authority the amount of court deposits or other payments at the time such deposits/payments are required to be made. Amounts paid by the Redeveloper in excess of the Redevelopment Costs will be refunded to the Redeveloper. Redeveloper Corporate Approval: The executed tern sheet shall be subject to Redeveloper corporate approval. If such approval is not obtained, the Authority will refund earnest money payments less Redevelopment Costs incurred by the Authority prior to its receipt of notice of such lack of approval. Reduction in Purchase Price: The Purchase Price of the Land will be reduced for units completed and certificates of completion issued by December 31, 2010 as follows. For such units, the Authority will reimburse the Redeveloper for Purchase Price paid in excess of the reduced Purchase Price per unit at the time the certificate of completion is issued for each building. (1) For units completed by 12/31/07, the Purchase Price is reduced to $20,000 per unit. (2) For units completed between 1/l/08 and 12131108, inclusive, the Purchase Price is reduced to $22,500 per unit. (3) For units completed between 111109 and 12/31/09, inclusive, the Purchase Price is reduced to $25,000 per unit. (4) For units completed between 1/1110 and 12131110, inclusive, the Purchase Price is reduced to $27,500 per unit. Example: Assume the Authority incurs $2,500,000 in Redevelop- ment Costs and the Redeveloper pays that amount in Purchase Price. If 40 units are expected to be constructed, the Purchase Price is $62,500 per unit. For each building completed before December 31, 2007, the Purchase Price per unit is reduced to $20,000, and the Authority will reimburse the Redeveloper an amount equal to the excess purchase price paid per unit of $42,500 ($62,500 - 20,000) times the number of units in the building. Deadline for Acquisition of Redevelopment Property: Zoning and Land Use Approvals/Easements: Subject to any appeals of condemnation awards or relocation benefits, if the Authority has not acquired all of the Redevelopment Property by December 31, 2005, the Redeveloper may require the Authority to accept reconveyance of any portions of the Redevelopment Property conveyed to the Redeveloper and the City will refund all payments of Purchase Price paid by the Redeveloper. Normal and customary site and building plan review requirements will be followed. The Redeveloper shall pay for rezoning, subdivision, platting, plat amendment, PUD and preparation of restrictive covenants, easements, reciprocal easements, and any other documentation necessary for the construction and sale of the Minimum Improvements. The Redeveloper shall be responsible for obtaining all land use and zoning approvals. Permits/Fees: The Redeveloper shall comply with all applicable City building codes and construction requirements. The Redeveloper will pay the normal and customary permit, plan review, utility access and park dedication fees and shall be responsible for obtaining all building permits prior to construction. Minimum Improvements: The Redeveloper shall construct approximately 42 units of a mixture of Heritage Condominiums and Carriage Townhomes. The site plan may or may not include any Heritage Condominiums in Phase III. The exact number of units will be determined upon completion of a stormwater analysis, survey, and planning commission and City approval. The Redeveloper shall use its best efforts to cause the average unit sales price to not be less than $220,000, including upgrades. Heritage Condominiums will have a base sales price of approximately $169,000 per unit, exclusive of upgrades. A combination of three floor pians will be used. • Carriage Townhomes will have a base sales price of approximately $189,000 per unit, exclusive of upgrades. A combination of three floor plans will be used. The quality of the Minimum Improvements shall be comparable to or better than that constructed by the Redeveloper in Winnetka Green Phases I and II. 4 The description of the housing types and specifications of construction materials and fixtures are as set forth in the Original Agreement. Conveyance: The Authority shall convey the Redevelopment Property to the Redeveloper after it has acquired all of the parcels and completed the work to be performed by the Authority on the Redevelopment Property, unless the Authority has elected to assign the purchase agreements for the Redevelopment Property to the Redeveloper and the Redeveloper has thus taken title thereto directly. The Authority will convey the six (6) parcels east of Sumter Avenue to the Redeveloper by May 1, 2005 and will use its best efforts to convey the two (2) parcels west of Sumter Avenue by July 1, 2005 (the "Closings"). Taxes/Special Assessments: The Authority will pay all special assessments pending or levied on the Redevelopment Property at each Closing. Taxes will be prorated between the parties at each Closing. Title: The Authority will transfer marketable title by quitclaim deed and will pay for a title commitment. Any title insurance and/or endorsements requested by the Redeveloper will be paid for by the Redeveloper. At each Closing the Authority will provide the Redeveloper with evidence of marketable title. Infrastructure/Other Fees: There shall be no increases by the City in its portion of fees for the Redevelopment Property, including park dedication, SAC, WAC, storm water, development, infrastructure, impact, and permits through October 31, 2005. Internal Drives: The Redeveloper will construct internal drives on the Redevelopment Property as shown on the Site Plan in accordance with City specifications. The respective condominium and town - home association(s) will have maintenance responsibility for the drives (including upkeep, street sweeping and snowplowing). Timing: Begin on or about June 1, 2005 Complete on or about December 31, 2010 Financing/Encumbrances: The Redeveloper will obtain any necessary private financing. The Redeveloper shall not encumber the Redevelopment Property and will indemnify and hold the Authority harmless from any liens. 5 Remedy Upon Redevel- oper's Default: The conveyance transferring the Redevelopment Area to the Redeveloper will contain a right of reverter which will be superior to the rights of any liens. If the Redevelopment Property revests in the Authority, the Authority will pay the Redeveloper $20,000 per unit. The right of reverter shall be released for each finished building upon the issuance of the first certificate of occupancy for an individual residential unit in the building. Tree Preservation: The Redeveloper will use its best efforts to preserve the large trees on the Redevelopment Property. Resolution for City Center Housing: The Authority will adopt a resolution which designates the Redeveloper as an approved housing builder for a one-year period for a portion of the housing to be included in the proposed City Center project. Effect of Term Sheet: This Term Sheet outlines the terms under which the parties are willing to enter into a Contract for Private Redevelopment, but does not constitute an offer or acceptance on either party's part. All rights and obligations with respect to the Redevelopment Property shall only be as provided for in a Contract for Private Redevelopment approved by the Authority and the Redeveloper. We are in agreement with all of the foregoing dated this.— day of 2004. The Ryland Group, Inc. New Hope Economic Development Authority By: �.. By: Its: Its: GAWPDATAIMNEW HOPE1261DOCITERM SHEET V5. DOC By: Its: 6 7900 5539 '940 5437 5431 5427 5421 5417 5411 5407 5401 SsaG ) 7800-= 7300 TO 739; SW 56TH AVE N LWE RF:�. q554O F 5559 i 5546 Co i a 0 5537 5538 cc n 7615 7301 5532 5531 j 5530 5524 5519l 5520 762'. to 760 ro ELM ST. RAPHAEL 5513 os 55 0 N GRQV- CATHOLIC 5512 501 0 5500 CHURCH 7 PARK - 5506 55TH AVE N 5500 5443 3444 5437 5436 5437 5436 5446 5437 Z 5438 5433 Z 5434 5433 5432 5440 5429 LLJj 5428 5429 Uj 5430 5429 5430-•- 5434 5427 Q 5426 5427 d 7606 5425 5426 5422 5423 ST RAPHAEL DR. 5420 5417 5420 8425 5420E54191 5418 5361 uy Z 354 0 5355 5412 5410 5413 W 5414 5413 F5416 5413 5414 n n ILLJ 5355 5406 5409 5406 5409 5408 5409 Q 5410 5345 5349' DI 5349 5346 5400 5441 o. 5400 5401 5400 5401 5342 5343 5400 5343 53421 5340 5325 5330 5337 5,348 5,329 U 5336 5336 5337 5337 5336 ' 5319 5324 5331 5.342 5325 W 5330 5331 m 5330 5331 m N 5313 5318 5325 O L1,1 5324 5325 5330 5335 5321 5324 5325 5324 5307 5312 5319 � 53CY 5318 531930 5317 5318 5319 R 5318 7825 �+ 7800 5306 5313 5324 5313 5312 5313 5312 5313 2 5312 5218ra 5307 5318 5309 5306 5307 W 5308 5347 u 5306 ' 5212 �? "� 5312 5345 5300 5301 Q5300 5301 Q 7801 5340 L�` n o 5206 5306 5301 c� 221 lio�o 7606 7600 5242 5249 5242 - 5243 5248- .� 5201 •411 Z 5230 5243 ¢ 5242 5261 Q 5236 5237 L tN ca4^ h co ^ 5251 5224 5237 J 5230 5231 Q 5236 N Cv S?.37 5218 5231 �� 522° 5225 5230 Redevelopment Property [attach parcel diagram] EXHIBIT A Address PIN 5509 Sumter Ave N 05-118-21-33-0086 — Sumter Ave N (30' Sumter ROW east of 5509) None; Tract J, Registered Land Survey No. 97 5510 Sumter Ave N 05-118-21-33-0099 — Sumter Ave N (30' Sumter ROW west of 5510) None; Tract K, Registered Land No. 97 5501 Sumter Ave N -Survey 05-118-21-33-0030 7708 55th Ave 05-118-21-33-0098 7700 55th Ave 05-118-21-33-0097 7624 55th Ave 05.118-21-33-0096 7616 55th Ave 05-118-21-33-0095 7608 55th Ave 05-118-21-33-0094 Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Honorable Mayor and City Council: RYLAND The Ryland Group, Inc. 7600 Executive Drive Eden Prairie, MN 55344 Contractor's Lic # 20035443 www,ryland.com At your Council meeting of July 26, 2004, the City staff is recommending approval of a Term Sheet for the acquisition and development of Phase III of Winnetka Greens. We have all been brought to this point because of the planning you have all done, the vision you have had, and the hard work and partnership of the City of New Hope and Ryland Homes. The City of New Hope can be very proud of the success that Winnetka Greens is experiencing. We have continued to work hard with the City staff and consultants to determine the feasibility of expanding into Phase III of Winnetka Greens. After meeting with the City Council several weeks ago and taking your direction, along with existing site considerations, we have arrived at a plan that supports the TIF, solves the drainage and storm water issues that have been plaguing the neighborhood, results in the most high value homes, and provides a wonderful open space buffer to the existing neighborhood along 55th Avenue. We request that the City Council approve the term sheet and the concept site plans attached to this letter, so that we may begin the City review process and be ready for building construction in this Phase next Spring. As part of the dialog with the City Council, we have been sensitive to the Council's desire for a variety of homes, and to add housing styles as our presents increases in New Hope. We have heard about the need for maintenance free single-family detached homes, the desire for basements in homes, and the need for single level homes with basements. Although this could not all be provided in Winnetka Greens, your staff has suggested that we look at the possible development of the City's excess parkland on the eastern border, adjacent to the railroad, north of the New Hope Ice Center. We have studied this property and feel that we can compliment Winnetka Greens, the existing homes near the park, and be responsive to the City Council desire for additional housing styles. We have included a concept plan of the City property that would allow the development of 33-35 Urban Single Family Homes and Urban Single Level Twin Homes. Both of these homes provide maintenance free living, each appealing to a different life-style and need. We feel confident, at this point, that the two-story Urban Single Family home would do well, and we would also be willing to offer the Twin Home for sale in this market. Both of these styles work on the lot sizes designed, and the styles are complimentary, and are designed to work in the same neighborhood. Both homes have two car garages and full basements. Pricing for these homes would be in the mid to high two hundreds. Both of these homes are modeled in our Eden Prairie Community of Hennepin Village. We would be happy to arrange for a tour at your earliest convenience. If the City Council supports this concept, we would like to move forward with the process of acquisition and review. Because the property is within three blocks of Winnetka Greens, and we have established a market rate purchase price with the City, we would like to proceed with the City on the same price per lot ($20,000) for the raw land as Phase III of Winnetka Greens. There would be no City TIF involved in this sale. We respectfully request the City Council to direct the City Staff to work with Ryland to prepare a purchase agreement for the sale of the excess City land to Ryland Homes. I appreciate your thoughtful, consideration in this matter. in rely, Chris Enger Land Resources Manager Ryland Homes Twin Cities Division ~~ � | _» m / U || p m /]a -- �� -- '— —�-- -- -- -J| L- - ~ = mm� � 24 Originating Department Community Development Kirk McDonald EDA REQUEST FOR ACTION Approved for Agenda 08-09-04 Agenda Section EDA Item No. 4 MOTION AUTHORIZING STAFF TO PROCEED WITH THE BURIAL OF OVERHEAD UTILITIES ON THE EAST SIDE OF WINNETKA AVENUE BETWEEN 53' AVENUE NORTH AND THE NORTH SIDE OF BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 770) REQUESTED ACTION Staff is requesting that the EDA approve a motion authorizing staff to proceed with the burial of overhead utility lines on the east side of Winnetka Avenue between 53rd Avenue North and the north side of Bass Lake Road, based on the attached engineering estimate received from Xcel Energy. POLICYIPAST PRACTICE The EDA routinely takes action on redevelopment projects that meet the goals of both the Comprehensive Plan and the City Plan. BACKGROUND As discussed at the June 21, 2004, City Council work session, staff has been coordinating with Xcel Energy on the burial of overhead utilities along the east side of Winnetka between 53`d Avenue and the north side of Bass take Road, as part of the Winnetka Green redevelopment project. The final engineering estimate for the project has been completed by Xcel Energy and submitted to the city for approval to proceed, The estimate is calculated $100,624, which is nearly $50,000 less than the initial scoping estimate of $150,000. The burial project will be completed in conjunction with the installation of the new sidewalk around the perimeter of the Winnetka Green project. Staff recommends approval. FUNDING The project is where located in an area where TIF funds can be expended and will be funded by East Winnetka TIF District 03-1 (Special Law). Attachments • Xcel Energy Engineering Estimate • Location Map MOTION BY TO: SECOND BY I:IRFAIPLANNING1Livable CommunitieslQ-Burial of overhead lines on Wtka.doc APF AV XcelEnergy6° July 30, 2004 Kirk McDonald, Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Engineering Estimate to City for Special Facilities Project The city of New Hope has requested information from Northern States Power d/b/a Xcel Energy CcXcel Energy' regarding the burial of electric distribution facilities along the east side of Winnetka Avenue, from 53'a Avenue to the north side of County Road 10. We have completed an Engineering Estimate of the cost of this project, which we have determined is a."special facilities" project. Section 5.3 of the rules and regulations in our Minnesota Electric Rate Book (tariff) contains the definition of standard and special facilities; the relevant tariff sections are provided in Attachment B to this letter. Attachment A to this letter is an Engineering Estimate farm, which provides the project scope, assumptions and estimated excess expenditures (i.e., the incremental costs above those for standard facilities) for this project The estimated excess expenditure associated with this "special facilities" project is $100,624. Xcel Energy can commence construction based on this engineering design; however, scope changes, field conditions, winter construction charges and other variables may impact the final "special facilities" project cost, and hence, the excess expenditures. The Xcel Energy tariff allows Xcel Energy to recover or seek recovery of any excess expenditure associated with special facilities. The available methods of cost recovery depend on several factors. For example, if the project is distribution facility undergrounding ordered by a city, the cost recovery procedures in our City Requested Facilities Surcharge (CRFS) Rider may apply (see Attachment B). The CRFS Rider may also apply if a City requests undergrounding and agrees to use the CRFS. This is a Minnesota Public Utilities Commission (PUC) approved surcharge on customers wid- in your city only. If the "special facility" does not involve the undergrounding of a distribution facility pursuant to a city's police powers, or if the city and Xcel energy do not mutually agree to use the CRFS to recover the excess expenditures, there is no automatic surcharge and Xcel Energy must propose a surcharge for approval by the Minnesota Public Utilities Commission. Or, the city can choose to prepay or to otherwise arrange for payment of the excess expenditures. If this project were to proceed and cost recovery were to occur under the CRFS Rider or similar surcharge, the following information is useful. Based on the projected excess expenditures associated with this Engineering Estimate and assuming the CRFS Rider is used to recover the costs, the estimated term of the surcharge is 11 months, and the estimated monthly surcharge amount per customer class is as shown below. However, the surcharge would reflect Xcel Enetes actual expenditures related to this project, so the term and/or total excess expenditures may be different than shown here. Customer Class Monthly S=harg_e Residential $1.00 Residential Low Income $1.00 Small C&I Non -demand Billed $1.00 Small C&I Demand $3.00 Large C&I Demand $4.00 Please note that your City will have the opportunity to challenge: (1) Xcel Energy's determination that a surcharge is necessary; (2) the amount of the surcharge; and (3) how the surcharge is distributed among Xcel Energy's customers in your City. Next L s Please let us know if the City wishes to proceed with this project. If the project is to proceed, Xcel Energy will confirm that understanding in writing to the City. If you have any questions, please feel free to contact me at 763-493-1631 Sincerely, 4Datnn Lahr Community Relations Manager Cc: Dan Donahue, New Hope City Manager Attachment A: Project Engineering Estimate Form Attachment B: Xcel Energy MN Electric Rate Book, Rules and Regulations, Section 5.3 NewHope 3,,,Engineering Estimate.doc Page 2 o£2 ATTACHMENT A SPECIAL FACILITIES ENGINEERING ESTIMATE This "Engineering Estimate" provides estimated Excess Expenditures based on an engineered design for a requested or ordered non-standard installation (Special Facility). This estimate is only valid for the specific project information and assumptions as detailed in this form. This Engineering Estimate is Xcel Energy's best evaluation of the Excess Expenditures associated with this Special Facility. However, there will be many factors that influence actual costs, such as: those associated with permitting; inclement weather; winter construction costs; unexpected increases in material costs; unexpected increases or changes in labor charges; scheduling, availability, and/or mobilization; ability to schedule outages on the existing electric facilities of Xcel Energy or other electric companies; emergencies occurring on the electric systems of Xcel Energy or electric companies; and other factors not specifically identified herein but allowed as an incremental cost for recovery. The actual Excess Expenditures will be calculated using Xcel Energy's actual costs, including all allowed overheads. REQUESTOR INFORMATION Requestor Name Kirk McDonald, City of New Hoe Phone 763-531-5119 Address 4401 X lon Ave. New Hope, MN 55428 PROJECT, PERMITTING AND SITING INFORMATION Xcel Energy has relied on the Project Information, Project Assumptions and Permitting Requirements detailed below to produce this engineering estimate: Project Information City requested undergrounding of the electric distribution facilities located along the east side of Winnetka. Avenue, from 53d Avenue to the north side of County Road 10. This request is made in conjunction with the redevelopment activity in the area. Project Assumptions o Adequate right of way will be available subject to permit o The City will provide all easements necessary at no cost to Xcel Energy o Survey of right of way will be the responsibility of the city at no cost to Xcel Energy o Summer construction o Restoration will be the cost and responsibility of the City o Directional boxing construction methods will be used o Any rewiring of private services will be the responsibility of the City o Site is at final grade Page 1 of 2 permitting Requirements/Siting Issues Xcel Energy has reviewed the permitting requirements and siting issues that may be a factor for this project. These requirements must generally be satisfactorily resolved prior to starting any field construction. o County permits required ADDITIONAL INFORMATION Because costs increase over time, this Engineering Estimate may be considered valid for sixty (60) days from the date below. Unless otherwise agreed, the Requestor may be asked to prepay for Xcel Energy's costs to prepare any additional or revised Engineering Estimate necessary because of project scope changes, delays, or other factors beyond the control of Xcel Energy. COST ESTIMATES FOR SPECIAL FACILITIES Engineering Estimate: $ 100,624 This estimate expires in 60 days. Estimate Prepared by: G Date i s 3� — a -dr- (print name) Estimate Prepared by: ✓44t_ (signature) Page 2 of 2 In 7910 LL] 5600 5620 7500 11 Ni T LU O 5605 5601 1.8 - 5617 14 7600 7550 z V) z W a- 7541 - -N 7610 7500• . 55TH AVE N 5550 5559 5546 7615 5839 ! 5540 n 5537 5538 7301 ' 5532 5531 5530 7621 ro 7601 5524 551 5520 a Area where overhead co ELM ST. R/ utilitylines to be buried. + 5518 5509 5514 N GROV - CATHO " 5512 5501 7708 h n �` 7648 P55f74 C I� U R C AL 1AR K - '90m6ft i F��06 55TH AVE N 5443 i 5437 ? 5439 i 5427 5421 Z i 5417 > 5411 3 i 5407 54.01 5436 5437 58-30 5431 5426 54.27 5420 5421 5415 5417 5410 5411 54Q6 5407 5400 5401 544.4 5804 5436 z W � 5437 5446 5440 5429 5434 5427 544.4 5437 5436 5433 5425 5429 5426 5427 z W 5436 5437 5434 5433 .5430 5429 7545 5425 5436 5432 5430 X 5426 3 5.421 5423 ST RAPHAEL DR. 54-20 5425 5420 5419 5418 5,361 354 5420 5417 5330 5337 1 5348 5329 53355336 5337 5412 5410 5413 W 5494 5413 5416 5443 W 5414 54v5 0 LL':5330 m C] 5330 4 1 5.331 5345 5406 5331 5409 2 5406 5393LLJ5318 5409 Q 5448 5409 5410 5349 5336 541]4 =) � G7 5400 5401 D 5400 5401 5400 5 5342 5441 43 j ■ 5344 5325 5330 5337 1 5348 5329 53355336 5337 5319 0 LL':5330 m 5330 5324 1 5.331 5342 5325 5331 14 5393LLJ5318 5325 O 5336 532'! =) � 5324 5324 5325 O 2 5318 co 5,307 5312 5319 5330 5317 5318 5319 Op 5312 5201 7825 5306 5�013 5324' 5393 5312 5313 38417 5318 5309 530.6 5307 5306 5218 r� 0 5347 W 5212 ,�r, 5312 5305 5300 7841 0 5306 5301 LtE!�Q 5206 221 5200 co ? � 7606 7600N'( 5242 5245 5242 ; 5201 ,�- R? ,^ t� ._ $ A l L August 13, 2004 Xcel Energy Darrin Lahr 8701 Monticello Lane Maple Grove, MN 55369 Re: Request to Bury Overhead Utilities Dear Mr. Lahr; As discussed at our August 9 meeting, the city of New Hope is considering the burial of the overhead utility lines currently running along the east side of Winnetka Avenue on the north side of Bass Lake Road, in conjunction with the redevelopment of the former Frank's Nursery site at 5620 Winnetka Avenue North. We are considering the following two different options, which we would like scoping estimates for: 1. Burial of overhead lines from the north side of Bass Lake Road to the north property line of 5620 Winnetka Avenue North, 2. Burial of overhead lines from the north side of Bass Lake Road and continuing past 5620 Winnetka Avenue North to the north property line of the Wincrest Apartment complex at 5700-5736 Winnetka Avenue North. Please contact us at your earliest convenience to start this process. You can reach me at 763-531- 5119 or kmcdonald@ci.new-hope.mn.us. Sincerely, Kirk McDonald Director of Community Development CC: Dan Donahue, City Manager Vince Vander Top, City Engineer Guy Johnson, Director of Public Works Valerie Leone, City Clerk (Improvement Project No. 770) CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 n www. d.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works. 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 768-531-5136,:- Police Fax 763-531-5174 + Public Works Fax: 763-592-6776 Ar 10 Hennepin County Taxpayer Services Department A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 December 28, 2004 Mary E. Molzahn Krass Monroe, P.A. 8000 Norman Center Drive Suite 1000 Minneapolis, MN 55437-1178 Re: New Hope Redevelopment TIF District 03-1 Amended 6/14/2004 (Special Legislation) Dear Ms. Molzahn: Enclosed is your document indicating that we received your request for certification on December 13, 2004. The TIF District Amendment will be certified in 2005 when the final tax rates have been calculated for tax payable year 2005. The Amendment "Exhibit A" shows that the following parcels are to be added to the New Hope Redevelopment TIF District 03-1: 06-118-21-41-0006 (not part of a Division) and 06-118-21-41-0005 + 06-118-21-44-0002 + 06-118-21-44-0003 + "a portion of 06-118721-44-0004. The last four parcels are currently undergoing a Division (#040708) to become new parcels 06-118-21-41-0033, 06-118-21-44-0054 and 06-118-21-44-0055. As a point of clarification, we have not found any language in the TIF Plan Amendment that provides a legal description for "a portion of 06-998-29-44-0004" that is to be included within the TIF District. However, based on the map of the TIF District that is included with the TIF Plan as "Exhibit B", it appears that the parcels to be added to TIF District 03-1 by the Amended Plan will be 06-118-21-41-0006 (Not part of the Division) and new parcels 06-118-21-41-0033 and 06-118-21-44-0054. New parcel 06-118-21-44-0055, which will not be included within the TIF District, is outside the bold line defining the TIF District boundary on "Exhibit B". If you have any questions about this information, please tail me at 612-348-5076. Sincerely, ;Jean M. Bierbaum, Senior Administrative Assistant Administrative Services Division CC Kirk MGDonaid, City of New Hope, 4401 Xylon Avenue North, New Hope MN 55428 RevuNewHope03-1 SpedalLegislationAmended6142004GertQuestionLetter An Equal Opportunity Employer Recycled Paper _ f � � S I C* "! i ! t c r, y� 79t0 7900 i r f New Parcel � '06-118-21-41-003 New Parcel 06-118-21-44-0055 I (Will Not be Added to I TIF 03-1 (Special Legislatic Parcels to be added to TIF District 03-1 (Special Legislations �-t Parcel 06-118-21-41-0006 (no change) i New Parcel 06-11&2'I-41-00013 created from 06-118-21-41-0005, 06-118-21-44-0002, 06-118-21-44-0003 and a portion of 06-118-21-44-0004 New Parcel 06-1 18-21-444X)54 created from a portion of 06-118-21-44-0004 EXHIBIT B i i f s I '620 c {La int E- r 1-- i r S t 7800 1 2 � { ♦ �d+.i..T� L 1 ; New Parcel M -P`" - 136-118-21- �....5.1.�.4..0 k' J' H,�• y ti jn *r F U y54W 1 New Parcel 06-118-21-44-0055 I (Will Not be Added to I TIF 03-1 (Special Legislatic Parcels to be added to TIF District 03-1 (Special Legislations �-t Parcel 06-118-21-41-0006 (no change) i New Parcel 06-11&2'I-41-00013 created from 06-118-21-41-0005, 06-118-21-44-0002, 06-118-21-44-0003 and a portion of 06-118-21-44-0004 New Parcel 06-1 18-21-444X)54 created from a portion of 06-118-21-44-0004 EXHIBIT B i i f s I '620 c {La int E- r 1-- i r S t 7800 .4+00,95. crept rc ih8. Z144 QQ.04, will not bei added. to TIF District 03-1 n? ($pedal Legislatio - - -- - - _. 1 2 � { ♦ �d+.i..T� L �....5.1.�.4..0 5�7 i r F U y54W 1 5=4 'S51 9 1"•—..w—w—_�Yrr�..Y�� f - r.�aJ X518 r " 5572 L----.--�.� s' "501 J f w+-.w.�tiy-may -- - i ry_ t S�J�M f 5^ll I+�� 143 .4+00,95. crept rc ih8. Z144 QQ.04, will not bei added. to TIF District 03-1 n? ($pedal Legislatio - - -- - - _. STATE OF MINNESOTA) )ss CERTIFICATE OF FILING COUNTY OF HENNEPIN ) I hereby certify that on the Yh day of , 200y 1 received for filing the following documents: 1. Resolution No. 2004-22 of the New Hope Economic Development Authority dated June 14, 2004 modifying the Restated Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, 03- 1(Special Law) and 04-1(Special Law); 2. Resolution No. 2004-116 of the New Hope City Council dated June 14, 2004, modifying the Restated Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 80-2, 81-1, 82-1, 85-1, 85-2, 86-1, 02-1, 03-1 (Special Law) and 04- 1 (Special Law); 3. Modifications to the Tax Increment Financing Plan for Tax Increment Financing District No. 03-1; 4. Modification to Exhibit I -A of the Restated Redevelopment Plan; 5. Original Certification Request Supplement; 6. Two (2) Certificates as to Original Tax Capacity (please return one executed copy); and 7. Two (2) Certificates as to Original Tax Rate (please return one executed copy). Said documents are deemed to be filed pursuant to the requirements of Minnesota Staftites, Chapter 469 and of record as of this date. County Auditor Hennepin County, Minnesota By Z - �Wh ON �� Originating Department Community Development By: Kirk McDonald, Director of CD Shawn Siders, CD Specialist COUNCIL REQUEST FOR ACTION Approved for Agenda 2-28-05 Agenda Section iment & l Item No. 8.3 RESOLUTION ORDERING PUBLISHED NOTICE AND SCHEDULING PUBLIC HEARING TO APPROVE SALE OF PORTION OF OUTLOT A TO BARBARA AND MICHAEL DRENTH AND PAUL EDISON (IMPROVEMENT PROJECT NO. 751). REQUESTED ACTION Staff is requesting Council approval of the attached resolution publishing notice and setting a public hearing date for the sale of a portion of Outlot Ain the Winnetka Green project area to Barbara and Michael Drenth and Paul Edison. The public hearing will be held on March 28, 2005. POLICY/PAST PRACTICE City goal #2 is to emphasize the maintenance and redevelopment of commercial and residential properties within the city. BACKGROUND At its meeting of November 22, 2004, the City Council approved a resolution accepting the gift of Outlot A from Ryland Homes. At that time, the Council was advised that Ryland Homes wanted to .assist the city in responding to the request of the adjoining property owners to "square off" their respective lots. During that meeting, staff advised the Council there were still a number of matters that would have to be resolved before the property could potentially be conveyed to the adjoining property owners. The city received an opinion of value from Ray Shudy, Senior Appraiser, Hennepin County Assessors Office. Mr. Shudy has indicated that the lot has a value of $1.50 per square foot. Based on that opinion from Mr. Shudy, Certified General Real Property Appraiser, staff recommends that $1.50 per square foot should be the price paid by the adjoining property owners to the city, if they wish to acquire a portion of Outlot A and incorporate that into their respective property. Mr. Shudy has appropriately adjusted the value of the property because of the lack of any frontage along a public right of way as well as the limited development potential of the parcel. Upon review of the previous acquisitions by the city in the Winnetka Green project area, the city paid approximately $3.00 per square foot for land that was developable. That cost does not include the value of structures or other improvements on the properties that were acquired by the city. Mr. MOTION BY SECOND BY TO: I: \ RFA \ PLANNING \ Housing\ Q-outlot A Schedule Public Hearina.doc Request for Action Page 2 February 28, 2005 Shudy appropriately indicates in his letter that the only potential uses for the parcel are acquisition by the adjoining property owners or inclusion into Elm Grove Park. If the additional property is incorporated into the adjoining properties, it would enhance their values as they have the opportunity to control the adjacent land use, as well as expand their home or accessory use because of the additional lot depth and square footage. A copy of Mr. Shudy's letter is enclosed for reference. Prior to meeting with the adjoining property owners, city staff and the City Attorney met to discuss the potential terms of transferring a portion of Outlot A to the property owners at 7616 and 7608 55th Avenue North. Outlot A contains 10,252 square feet. Staff would recommend that the transfer take place only if all of the area also known as the "bump out" is conveyed, with 5,966 square feet of Outlot A transferred to Paul Edison for incorporation into 7608 55�h Avenue North and 2,500 square feet of Outlot A transferred to Michael and Barbara Drenth to be incorporated into 7616 55f Avenue North. The remaining 1,785 square feet would be retained by the city and incorporated into Elm Grove Park. As evidenced by the enclosed map, the proposed subdivision will "square off" the adjoining properties and provide a small addition to Elm Grove Park. Based on the above referenced lot division, the proposed cost for Edison to acquire 5,966 square feet is $8,949.00. The proposed cost for the Drenths to acquire 2,500 square feet is $3,750.00. Because the enclosed map is not exact, the square footage potentially acquired by the adjoining property owners may be subject to minor modifications based upon a registered land surveyor's findings. Since the City Council meeting of November 22, 2004, staff has been able to confirm the routine costs that would be associated with the subdivision and transfer of this property to the adjoining property owners. The anticipated expenditures related to the subdivision and transfer, and staff's p.relirninary recommendations regarding cost allocation, are as follows: Property Survey — $1,500 Flat Fee. This would create a proposed boundary line for each property as well as provide the city with the necessary surveyor's certificate which is required for any subdivision of land in the city of New Hope. City staff would recommend that the cost of this be shared among the three parties in the following manner: City — $750 (50%); Edison — $375 (25%); Drenth — $375 (25%). Title Commitment - $250-$300. Staff recommends this cost be shared in the same manner as the property survey. City - $125-$150 (50%); Edison - $62.50-$75 (25%); Drenth - $62.50-$75 (25%). Title Insurance — This would be purchased at the expense of each property owner. The city has indicated that it will consider selling this property in an "as is" condition with no representation regarding its history. Legal Services (closing preparation, closing and post closing services) — $250-$400. Staff recommends this cost be shared in the same manner as the property survey and title commitment. City - $125-$200 (50%); Edison - $62.50-$100 (25%); Drenth - $62.50-$100 (25%). Purchase Agreement Preparation — Staff recommends that the city cover all expenses related to the purchase agreement preparation and negotiations. Staff does not recommend covering legal fees for the property owners. If the property owners wish to have an attorney present to negotiate or review the purchase agreement, it will be their responsibility to cover those expenses. Request for Action Page 3 February 28, 2005 Application for Administrative Lot ConsoIidation/Minor Subdivision — Staff recommends the City Council waive this fee for this matter. State Deed Tax — This is a customary expense assumed by the seller (city). Property Taxes & Assessments— If applicable, the taxes will be prorated on a calendar year basis as is customary in any real estate transaction. Geotechnical and Building Review — If either property owner hires a professional to review any issues related to the suitability of development of their respective portion of Outlot A, staff recommends that those expenses should not be shared by the city. The City Council and city staff have made no guarantees regarding the development potential of Outlot A. It is understood that this property, if the adjacent owners elect to purchase it, will be conveyed "as is." Recording Fees — This is a customary expense assumed by the buyer ($50 per deed, which includes a new Owner's Certificate of Title). Conservation Fee — This is a customary expense assumed by the buyer ($5 per deed). City staff recommends the City Council direct staff to proceed with the cost sharing terms as outlined above. On December 8, 2004, city staff met with Paul Edison regarding the transfer of 5,966 square feet of Outlot A for $8,949.00. Mr. Edison has tentatively agreed to the proposed price and the proposed cost sharing terms as outlined above. City staff have not met with the Drenths because they preferred to be updated via written correspondence. City staff has provided the Drenths with the proposed terms of the sale and they are in disagreement with the proposed sale price. REQUEST FOR ACTION Staff recommends approval of this resolution to schedule a public hearing regarding the proposed sale of a portion of Outlot A to the adjoining property owners at 7608 and 7616 551h Avenue North. Staff also requests City Council direction regarding the recommended terms of the sale. FUNDING The cost sharing as outlined above will be covered by the proceeds from the sale of a portion of Outlot A. ATTACHMENTS o Resolution o Public Hearing Notification o City Attorney Memorandum — February 22, 2005 o Correspondence to adjoining property owner (Drenth & Edison) — February 24, 2005 o Proposed Term Sheet o Letter from Ray Shudy, Senior Appraiser, Hennepin County, November 15, 2004 o City Attorney Correspondence — January 14, 2005 o Proposed Subdivision Map RESOLUTION NO. 05-33 RESOLUTION CALLING FOR PUBLIC HEARING REGARDING A PROPOSED TRANSFER OF REAL PROPERTY (Winnetka Green Outlot A) WHEREAS, the City of New Hope (the "Citi) is currently the owner of that certain real property located within the .redevelopment area known as Winnetka Green, which land has been platted and is legally described as Outlot A, Winnekta Careen (hereafter referred to as "Outlot A"); and WHEREAS, it has been proposed that the City sell certain portions of Outlot A to adjoining residential land owners in order to allow those landowners to expand their current lots; and WHEREAS, the City Council of the City of New Hope has determined that it will hold a public hearing at its next regular meeting to determine if the interests of the City and its people require the proposed transfer of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofNew Hope as follows: 1. That a public hearing on the proposed transfer of the land known as Outlot A, Winnetka Green be held at the regular meeting of the Council scheduled for March 28, 2005. 2. That the City Manager, or his designated representative, publish notice ofthe hearing in a newspaper of general circulation. 3. That notice of the hearing indicate that proposed terms and conditions for the transfer of Outlot A are available to members of the public at the City's offices. Dated the 28th day of February, 2005. Attest:. ,)I,e. / ---? 4111, SIA- v t t •. Mayor T P.1AT OR'My1CMK=IENTS5CNM99-I13215".I1321-0o9-RESOLfpMN CAVING p0RMB11C EMARINGON PROP(1SSD REAL PROPERTY 11tMMMLppG NOTICE OF PUBLIC HEARING ON A PROPOSED SALEXONVEYANCE OF REAL PROPERTY IN THE CITY OF NEW HOPE (OUTLOT A, WINNETKA GREEN) NOTICE IS HEREBY GIVEN, that the City Council for the City of New Hope (the "Council") will meet in the Council Chambers in the New Hope City Hall, 4401 Xylon Avenue N., New Hope on the 28th day of March, 2005, at 7 o'clock p.m. (or as soon thereafter as the matter may be heard) to hear, consider and pass upon all written or oral objections, if any, to a proposed sale/conveyance of portions of the land legally described as Outlot A, Winnekta Green to one or more adjacent landowners for combination with their existing residential lots. All persons desiring to be heard in connection with the consideration ofthis proposed transaction are requested to be present at this hearing and to make their comments or objections, if any, to the proposal. The public may see the terms and conditions of the proposal at the offices of the City, located at City Hall, 4401 Xylon Avenue N., New Hope, Minnesota 55428. The Council will at this hearing meet to decide if the interests of the City require such sale/conveyance. Accommodations such as sign language interpreter or large printed materials are available upon request at least 5 working days in advance. Please contact City Clerk Valerie Leone (telephone (763) 531-5117, TDD number (763) 531-5109) to make arrangements. Dated the 10th day of March, 2005. s/ Daniel J. Donahue Daniel J. Donahue City Manager (Published in the New Hope -Golden Valley Sun -Post on the 10th day of March, 2005.) P:UUorneylCmk\aients%CNH%99-11321199.11321-010-Notice offtb& Hearing re Proposed Land Transfer.doc JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINSROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com MEMORANDUM Date: February 22, 2005 To: Shawn Siders From: ! Clarissa M. Klug Re: Winnetka East Redevelopment: Notice of Hearing for Proposed Sale of Outlot A Our File No. 99.11321 We have enclosed a proposed City Council Resolution calling for a March 28th public hearing regarding the sale of Outlot A. Also enclosed is the notice that would be submitted to the Sun Post to announce the hearing. This is also to confirm that we anticipate doing a joint closing on or about May 2" d, but that closings could be done with each buyer separately upon request. In addition, closing could be moved at buyers' request to an earlier or later date. P:1Attnmcy+Cmk\Cliants\CNH199-11321199-11321-012-Menm re Notice of Public Hwing.doc a February 24, 2005 Michael & Barbara Drenth 7616 556, Avenue North New Hope, Minnesota 55428 RE: Potential Conveyance of a Portion of Outlot A Winnetka Green Dear Mr. & Mrs. Drenth: On February 28, 2005, the New Hope City Council will consider a resolution to schedule a public hearing regarding the potential transfer of a portion of Outlot A in the Winnetka Green project area to you. I am enclosing a copy of the Request for Action which proposes the public hearing be scheduled for March 28, 2005. If you have any questions or concerns, please do not hesitate to contact Shawn Siders at 763-531- 5137 or myself at 763-531-5119. incerely, �. ILI Kirk McDonald Director of Community Development Enclosure cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Clarssia M. Klug, Assistant City Attorney Shawn Siders, Community Development Specialist Amy Baldwin, Community Development Assistant CITY OF NEw HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 February 24, 2005 Paul Edison 7608 5511, Avenue North New Hope, Minnesota 55428 RE: Potential Conveyance of a Portion of Outlot A — Winnetka Green Dear Mr. Edison: On February 28, 2005, the New Hope City Council will consider a resolution to schedule .i public hearing regarding the potential transfer of a portion of Outlot A in the Winnetka Green project area to you. I am enclosing a copy of the Request for Action which proposes the public hearing be scheduled for March 28, 2005. If you have any questions or concerns, please do not hesitate to contact Shawn Siders at 763-531- 5137 or myself at 763-531-5119. Sincerely, Kirk McDonald Director of Community Development Enclosure cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Clarssia M. Klug, Assistant City Attorney Shawn Siders, Community Development Specialist Amy Baldwin, Community Development Assistant 4401 Xylon Avenue North • New Hope, Minnesota 55428.4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 PROPOSED TERM SHEET PORTION OF OUTLOT A — WINNETKA GREEN PROPOSED BUYERS: PAUL EDISON 7608 55TH AVENUE NORTH MICHAEL AND BARBARA DRENTH 7616 55TH AVENUE NORTH CLOSING DATE: MAY 2, 2005 (Tentative — Can be scheduled to accommodate buyers) Proposed square feet to be conveyed to Edison Proposed square feet to be conveyed to Drenth Proposed sale price per square foot Proposed cost sharing for survey work Proposed cost share for title commitment Title Insurance Proposed cost share for legal services (closing preparation, closing and post closing services) Application for Administrative Lot Consolidiation/Minor Subdivision) Property Taxes & Assessments Geotechnical & Buildability Review Legal counsel purchase agreement review Recording Fees Conservation Fee 5,966 square feet* 2,500 square feet' $1.50/square foot** $375.00 each buyer/ $750.00 City $62.50-$75.00 each buyer/ $250.00-$300.00 City Assumed by each buyer if desired $62.50-$100.00 each buyer/ $125.00-$200.00 City $200.00*** each buyer Prorated on calendar year basis Assumed by each buyer if desired Assumed by each buyer if desired $50.00 per deed**** $5.00 per deed Exact square footage to be transferred will be determined by property survey. Buyer will be required to combine additional land into existing PID number. ** Price has been recommended by Hennepin County Department of Assessments City staff is recommending waiver of this fee. Action required by City Council to confirm. **** Includes a new Owner's Certificate of Title Siders Shawn From: Ray.Shudy@co.hennepin.mn.us Sent: Tuesday, November 16, 2004 3:01 PM To: Siders Shawn Subject: Re: Opinion of value for Outlot A, Winnetka Green, New Hope November 15, 2004 Shawn Siders Community Development Specialist City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Subject: Opinion of value for Outlot A, Winnetka Green, New Hope Dear Mr. Siders: I have reviewed the information provided by you, the City Attorney's office and our office, including pertinent records and sales data concerning the valuation of a vacant land parcel known as Outlot A, Winnetka Green Addition, containing approximately 10,252 square feet. In developing my opinion of value, I have considered the location and limited access to the property, as well possible uses. Since the City will be in possession of the property, an obvious use would be as dedicated parkland, perhaps as a. playground or part of a future trail system. Another use would be to sell the property to the adjacent landowners, which would enhance the value of the existing sites simply by maintaining control of the adjacent land use. After consideration of the facts, and having made the appropriate adjustments, it is my opinion that the unit value of the subject property is $1.50 per square foot as of November 15, 2004. This estimate is to be considered effective for the whole or any reasonable subdivision of Outlot A. Yours very truly, Ray Shudy Senior Appraiser, SAMA Certified General Real Property Appraiser Hennepin County Assessor A-2103 Government Center Minneapolis, MN 55487 Direct- 612-348-8590 Fax- 612-348-8751 GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Reg Property Law Specialist Certified By The Minnesota State Bar Association JENSEN & SONDRALL, P.A. Attorneys At Law January 14, 2005 Barb and Mike Drenth 7616 - 55'' Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811$ TELEFAX (763) 493-5193 e-mail law@Jensen-sondrall.com Writer's Direct Dial No.: (763) 201-0222 e-mail cmk@iensen-sondrall.com Via E -Mail and U.S. Mail Re: Winnetka Green "Bump Out" Area. (Our File No.: 99.11313) Dear Mr. and Mrs. Drenth: This is to provide the estimates our office and City staff have collected as to the transaction costs for subdivision and sale of the "bump out" portion of Outlot A. Shared Costs (proposed to be distributed 50% City, 25% Drenths & 25% Edison) • Survey Work $1,500* • Title Commitment $250 to $300** • Legal services for Closing transaction $100 per hour*** *This is a set, flat fee quote from Bonestroo and Associates, the City's engineer and the firm that assisted the New Hope EDA in surveying and platting the Winnetka East area. The work would include the surveyor certificate required for all City administrative subdivisions. **The price would be higher if the commitment was ordered from a title insurance company that has not recently produced title reports for the Outlot A area. ***If the transaction involves typical issues and a typical closing meeting time, a rough estimate on legal fees for closing services would be $250 to $400. City Paid Costs • Preparation of Purchase Agreement and documents for the public hearing required for review of proposed sale terms of City land • State deed tax (paid on a per parcel basis & calculated based on purchase price) • Recording cost for deed of Outlot A from the Ryland Group to the City • Update of legal description on City's Owner Certificate of Title Buyer Paid Costs • Title insurance premium (if insurance is desired) • Geotechnical and Buildability Review (if desired) • Legal counsel purchase agreement review and related activities (if desired) • Lot split application of $200 per owner (City staff is recommending that the City Council 9January 14, 2005 Page 2 waive this fee) Recording fees ($50 per deed, which includes a new Owner's Certificate of Title) Conservation fee ($5 per deed) We do not anticipate that any special assessments or real estate taxes would need to be paid in order to get deeds to portions of Outlot A recorded. If such charges are applicable, they would be prorated between the City and the buyers as of the date of closing. There may of course be some additional unexpected costs relating to the transaction, but we believe the likelihood of this is slim. City staff would like to finalize plans for the sale/use of Outlot A in the near future. Once you have had the opportunity to review this Letter and the proposed sale terms previously provided to you, please send a written response to my attention either via e-mail to cmk@jensen-sondrall.com or via U.S. mail to 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, MN 55443. We will pass the response on to the various City staff members working on this matter as well as to the City Council. Once the City receives your response, City staff will request that the required public hearing be scheduled. You will be notified of the date of the public hearing to present additional information, if any, to the City Council at that time. Please subnut your response at your earliest convenience. Sincerely, Clarissa M. Klug Assistant City Attorney JENSEN & SONDRALL, P.A. CC. Daniel J. Donahue, New Hope City Attorney (via e-mail only) Kirk McDonald, New Hope Community Development Director (via e-mail only) Shawn Siders, New Hope Community Development Specialist (via e-mail and U.S. mail) Steven A. Sondrall, New Hope City Attorney (via e-mail only) P:1Attamey\CmklClients\CNH199-11321\99.11321-006-Drenth Ltr re trmaction cost estk=es.doc 11/12/Guug la;uG 14&L "ftf3 4J3 OIVJ !33.57 a+ 20 3 !33.53 30 in (99) r s) �•� �• 55 TSI: A.E. JENbE14 & SU1 JJXALL. Y.A. 7 — — — — — — — — — -.� 326.89 igjuua/OU3 DEW - -PP �-, "Rosene oestroo Memo 'M Anderifk & Associates Englnee s d Architects Project Name: Winnetka Green/Elm Grove Park Client: City of New Hope Water Quality To: Vince Vander Top File No: 34-04-159 D From: Brad 5chleeter ate: March 15, 2005 Re: Water quality options for Winnetka Green Phase 2 This memo will summarize 3 potential options for providing water quality treatment for the Winnetka Green Phase 2 redevelopment area. The goal is to meet the Shingle Creek Watershed District requirements for water quality. The initial design for providing stormwater treatment for Winnetka Green Phase 2 included a wet pond located in Elm Grove Park. The pond wet volume (volume below the pond normal water level - NWL) provided sufficient water quality treatment, while the volume above the pond NWL provided sufficient flood storage to meet the rate control requirements for the redevelopment area. Concern has been raised regarding this wet pond design for safety reasons, with the pond being in close proximity to a children's play area. As a result of this concern, 3 alternative water quality options are presented to provide sufficient water quality treatment to meet requirements. Although the wet pond design is not preferred, the original proposed flood storage volume within Elm Grove Park will still be necessary. This flood storage is necessary to reduce the runoff rates generated from the Winnetka Green Phase 2 development and the local subwatershed, as well as, provide flood protection to the adjacent St. Raphael's Church. All of the alternative water quality options presented in this memo assume that sufficient flood storage volume is still provided in Elm Grove Park in the form of a dry pond. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com St. Paul Office: 2336 West y 36 Milwaukee office: 12675 P Corporate Parkway, Ste 206 Rochester office: 112 T^ Street NE Willmar Office: � SL Cloud Office: Llbertyvt7le 04ffee: Sl. Paul, MN 5611 55 3 11 Mequon, WI53692 , Rochester, MN 55906 205 5th Street SW Wknar, MN 56201 3721 23d Street 5 N 51 a. Cloud, M630 - 1860 West Winchester Rd, Ste 106 Phone: 051-636.46W Fax:651-636.1311 Phone: 262-643.9D32 Fax: 252-241-4901 Phone: 507.282-2100 Phone: 320-214.9557 Ph..:320.251-4553 Grays ake, IL 60030 Phone: &7-54H774 Far:507-262.3100 - Fax:ago-2149458 Fax: 320-251.6252 Fax:847-549-6979 Bonestroo Rosene Mem 0 Anderlik 6 Associates Engineers i Architects The 3 alternative water quality options are as follows: Option 1: Swirl Concentrator with an Filtration Feature in Elm Grove Park This option proposes that a swirl concentrator be installed within Winnetka Green Phase 2 to treat runoff from the small storm events. The small storm events (less than 2 inches in 24 hours) will be routed to a dry pond in Elm Grove Park that includes an engineered filtration feature beneath the dry pond bottom to further reduce pollutant loading. The swirl concentrator in combination with the filtration feature in Elm Grove Park will be designed to meet removal requirements. During major storm events, the Winnetka Green Phase 2 drainage will overflow into a larger outlet pipe discharging downstream, while flows from the intersection of 55th/Quebec will overflow into the dry pond in Elm Grove Park providing sufficient rate control and flood storage volume. Benefits Water quality requirements met P Park basin will be primarily dry under typical conditions. Drawbacks 0 High maintenance cost of filtration area • Capital cost for concentrator and filtration basin Large filtration area required. Area could become compacted with park traffic. Option 2: Swirl Concentrator with a Constructed Wetland Feature in Elm Grove Park This option proposes that a swirl concentrator be installed within Winnetka Green Phase 2 to treat runoff from the small storm events. The small storm events will be routed to a constructed wetland feature in Elm Grove Park. The constructed wetland feature would be designed to further reduce pollutant loading. The swirl concentrator in combination with the constructed wetland feature in Elm Grove Park will be designed to meet removal requirements. During major storm events, the Winnetka Green Phase 2 drainage will overflow into a larger outlet pipe discharging downstream, while flows from the intersection of 55th/Quebec will overflow into the constructed wetland in Elm Grove Park providing sufficient rate control and flood storage volume. Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com St. Paul Office: Milwaukee office: Rochester Office: Willmar Office: St. Cloud Office: llber"Ile Office: 2335 West Highway 36 12075 N. Corporate Parkway, Ste 290 112 T^ Street NE 205 5th Street SW 372123" Street 5 1860 West Winchester Rd, Ste 106 SL Paul, MN 55113 Mequon, W153092 Rochester, MN 55906 Wilhar, MN 5620. St. cloud, MN 56301 Grayslake, IL Boom Phone: 651-63646M Phone:262b13.9o32 Phone:507-282.2100 Phone: a20 -2M557 Phone:32o-251.4553 Phone: 047.548-6774 Fax; 651 36.1311 Fax: 262.241-4901 Phone: Faz:32o-214-9458 Fax:32o•251-6252 Fax: 847-548-6979 Memo Bones Rosene Anderilklik d. Associates Englneers d Architects Benefits Drawbacks Water quality requirements met • Lower cost than Option 1 wl filtrate basin. 0 Lower maintenance than Option 1. • Park basin will be continuously wet with a large wetland area. • Capital costs still high a Potential mosquito issues Option 3: Swirl Concentrator with a Second Swirl Concentrator Elsewhere or a Cash Dedication This option proposes that a swirl concentrator be installed within Winnetka Green Phase 2 to treat runoff from the small storm events. In addition, the City would commit to constructing other regional storm water improvements such as Wincrest Pond at 58th Avenue and Sumter Avenue. A equivalent fee or cash dedication from this project would be dedicated toward such an improvement. We would pattern this committment after a similar previous watershed agreement for Cooper High School improvements. During major storm events, the Winnetka Green Phase 2 drainage will continue discharging downstream, while flows from the intersection of 55"h/Quebec will overflow into the dry pond in Elm Grove Park providing sufficient rate control and flood storage volume. Benefits 0 Water quality requirements met through regional treatment agreement • Park basin will be primarily dry • Funds could benefit other parts of City Bonestroo, Rosene, Anderlik and Associates, Inc. Drawbacks • Water quality requirements not met locally. • Additional cost for concentrator and storm water fee. www.bonestroo.com St. Paul Office: Milwaukee Offlee: Rochester Office: WIllmer Office: St. Cloud Mr. uhertyrllle Office: 2335 Weal HVhway 36 12075 N. Corporate Parkway, Ste 200 112 71h Street NE 205 51h Street Sw 3721 23,6 Street 5 Ste 106 1860 West N"mchester Rd, St. Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Willmar, MN 56291 SI. Cloud, MN 56301 Grayslake, IL 60030 Phone: 651.6364600 Phone: 282-643-9032 Phone: W-2132-2101) Phone: M214-9557 Phone: 320-2514553 Phone: 647-54B.6774 Fox:651-638.1311 Fax:262-241-4901 Fax:507.282-3100 Fax:320-214-9458 Fax: 3M -251 -SM Fax:B47-5488979 Bonestroo Memo 0 Ane n a nderlik & " Associates _. Engineers S Architects Cost Estimates Cost estimates for the three options presented are tabulated below: Option, Description Construction Cost Original Proposed Layout {Full Pond} $44,000 1 Swirl Concentrator w/Filtration Feature $125,000 2 Swirl Concentrator w/Wetland Feature $107,000 3 Swirl Concentrator w/Dry Pond $86,000* * Accounts for eliminating pipe and structures from Winnetka Green site to Elm Grove Park property. Cost estimate does not include cash dedication. Based on similar past projects, the costs associated with the swirl concentrator that would be required for this situation is estimated at $70,000 for materials and installation. Recommendation Option 3 would appear to be the preferred option to present to the watershed district. If the option for a cash dedication is acceptable to the watershed, the funds could be applied to construct improvements to the Wincrest pond, located at 58th and Sumter Avenues. Design improvements to the Wincrest pond were included in the stormwater report for the 2004 Livable Communities Redevelopment Area, but a funding source was not identified. Option 3 could assist the implementation of that improvement. 1:134134041591WordlCorrespondencelMemo_In#ema11V V BPSAWQ_Options.doc Bonestroo, Rosene, Anderlik and Associates, Inc. www.bones&vo.com St. Paul Office: 111I9waukee Office: Rochester Of m 1WIImarOffice: St. Cloud Office: Utiertytrilla Office: 2335 Weal Highway 36 12075 N. Corporate Parkway, Ste 200 112 Ph Street NE 205 5th Street SW 3721 23itl Street S 1660 West Wirichester Rd, Ste 106 SL Paul, MN 55113 Mequon, WI 53092 Rochester, MN 55906 Wf7nar, MN 56201 St. Cloud, MN 56301 Grayslake, IL 50039 Phone: 651. M -460o Phone: 202-643-9032 Phone:507.282.2t00 Phone:320-214-9557 Phone: 320-2514553 Phone: 947.548-6774 FOX:651-636-1311 Fax: 262-241-001 Fax: 507-282-3199 Fax 320-214-9458 Fax: 320-251-6252 Fax: 647.548.6979 r. LOTO d m �z a m ;u no �n z O ;gzo-0 m -u c m qz a 1 z �02z a M z> w Vo C n n c m R p A }aay u! DIMS 04 OZ p �-Z I I f I I I I I I I R yaa n 4� S,IGD4dDN 'IS I ------------- ----------I ! t I S332Ji 103108d I 1 3 __--- i 0'968 I Wd3- dol - r� 334110310dd-�`.-V6#8 --! - =303 f 06 II � illl i � F r I I I ! fr wI -, FT - r ss i 00fi t ! L06 r 1' 9 u 5 o \ (Sd3Hlo A3) \ Od 2J3MOd \ OHP^ Op — 1 s �� qvs j1r J t � � 00131 /0 MFA 1Ib'2JJ. 'll8 301M ,0 4 S33 1031 �f— I' ts Il ! N anycan I I I f1 i] CA [i7 If l - f C II L��vS. I y Church of St. Raphael 7301 Bass Lake Road Crystal, MN 55428 March 18, 2005 Mr. Vince Vander Top % City of New Hope Dear Vince: This letter is in response to the meetings held by the City of New Hope, Ryland Homes and the Church of St. Raphael. The parish finance committee has met twice this week to review the proposal for the work that will be done in the west parking lot and the front of the church this spring. After much discussion we have prioritized the larger projects as follows: • Fire alarm system and life safety improvements to our school s Building repair to the church • The parking lot project After making the necessary improvements to the school, we believe that the most that we can allocate for the parking lot would be $95,000 to $100,000. Should you like to discuss this further please contact me at 763-537-8401 ext 202 Sincerely, Stan Anderson Parish Business Administrator Church Office: 763-537-8401 Fax: 763-537-4878 School Office: 763-504-9450 Fax: 763-504-9460 Originating Department Community Development By. Kirk McDonald, Director of CD Shawn Siders, CD Specialist COUNCIL REQUEST FOR ACTION Approved for Agenda 5-9-05 Agenda Section Public Hear Item No. 7.1 CONTINUATION OF A PUBLIC HEARING SALE OF A PORTION OF OUTLOT A — WINNETKA GREEN PROJECT AREA TO BARBARA AND MICHAEL DRENTH AND PAUL EDISON (IMPROVEMENT PROJECT NO. 751) REQUESTED ACTION This is a continuation of the public hearing to consider the proposed transfer of approximately 2,500 square feet of Outlot A to Barbara and Michael Drenth and approximately 5,966 square feet of Outlot A to Paul Edison. The remaining 1,785 square feet is proposed to be retained by the city and incorporated into Elm Grove Park. The City Council continued the public hearing at its meeting of March 28, 2005 and directed staff to gather additional information regarding the cost associated with clearing trees and the fence on Outlot A, prior to conveying the property to the adjoining property owners. POLICY/PAST PRACTICE City goal #2 is to emphasize the maintenance and redevelopment of commercial and residential properties within the city. BACKGROUND At its meeting of November 22, 2004, the City Council approved a resolution accepting the gift of Outlot A from Ryland Homes. At that time, the Council was advised that Ryland Homes wanted to assist the city in responding to the request of the adjoining property owners to "square off" their respective lots. During that meeting, staff advised the Council there were still a number of matters that would have to be resolved before the property could potentially be conveyed to the adjoining property owners. At its meeting of February 28, 2005, the City Council approved a resolution scheduling a public hearing regarding the proposed transfer of a portion of Outlot A — Winnetka Green project area to the adjoining property owners at 7608 and 7615 55Lh Avenue North. Staff indicated that it was the understanding of city staff that one owner was in agreement with the sales price and terms that were reviewed while the other owner was in general agreement with the cost sharing terms, however, they did not agree with the proposed sales price. MOTION BY SECOND BY TO I: \ RFA\ PLANNING 1 Housing\ Outlot A Public -17-0 Request for Action Page 2 May 9, 2005 On March 28, 2005, the City Council conducted a Public Hearing to receive comments regarding the proposed transfer. At that meeting, the adjoining property owners indicated that the proposed purchase price was too high and should be adjusted due to the condition of the site. At the conclusion of the public comment period, the City Council directed staff to work with the adjoining property owners to determine a cost estimate for clearing the land so. The city forester and a representative with Crystal Tree Service met with the adjoining property owners on May 2, 2005. The property owners indicated which trees and structures they would like to have removed on their respective portion of Outlot A. The owners at 7616 55f Avenue North indicated that they wanted 25 feet of the outlot cleared of trees and stumps removed, some of the undergrowth removed that is under 2" in diameter as well as the fence removed that is on or near the property line. The cost for that clearing work is $2,500 plus sales tax. The owners provided the city with an estimate from New Horizons Tree and Landscaping to the tree, stump and fence removal. It appears that cost estimate does not include any underbrush removal. New Horizons estimated that the tree, stump and fence removal would cost $2,100. The owners have also indicated that it would cost approximately $1,600 to entirely strip the undergrowth and topsoil the area so that it may be planted with grass seed. The owners did not seek a professional cost estimate for stripping the ground; rather, they discussed the work with a master gardener. City staff did not request an estimate for this additional work from an independent contractor. The owners of 7616 556 Avenue North have also indicated that a Green Ash tree that was on or near the property line has caused damage to their foundation and has requested that the city accept responsibility for those damages. The city does not know the exact location of the property boundary and cannot determine where the Green Ash lies in relation to the property boundary. If the property owners agree to the terms of the sale that are directed by the City Council, city staff will coordinate a property survey to determine the exact location of the property boundary as well as the location of the Green Ash tree. The owner of 7616 55th Avenue North recently had the tree removed and the stump has not been removed. The owner has also requested that the city reimburse them for the removal of the tree as well as remove the stump. Per their request, city staff provided the property owners of 7616 5511, Avenue North with the Redevelopment Eligibility Assessment that was completed in conjunction with the proposed Phase 3 Winnetka Green project. That assessment does not note any structural damage to the foundation caused by a neighboring tree. A copy of the Redevelopment Eligibility Assessment is enclosed. Because the location of the tree is unknown and city staff cannot determine what if any structural damage was caused to the neighbor's foundation by this tree, city staff would suggest that this matter be referred to the city insurance provider for further investigation. The property owner at 7608 551", Avenue also met with Crystal Tree Services to discuss what trees, stumps and structures they would like removed and/or trimmed to improve the appearance. The cost estimate includes removing and trimming some of the existing trees, clearing the underbrush as well as some additional fence removal. The cost estimate for that work is $4,000 plus sales tax. City staff would offer three suggestions for the City Council to consider regarding the disposition of Outlot A. 1. Transfer the property in an "as is" condition and establish a sales price of $1.50 per square foot and offer a cost sharing proposal to transfer and subdivide the property. Those proposed terms are as follows: Proposed Lot Subdivision — City staff recommends that the city transfer 5,966 square feet to Paul Edison and 2,500 square feet to Barbara and Michael Drenth. The proposed square footage to be acquired by each property owner may be subject to minor modification as a property survey will be Request for Action Page 3 May 9, 2005 necessary to determine the proposed property boundary. In accordance with the Hennepin County Assessor's Office determination of fair market value, staff recommends that the City Council transfer a portion of Outlot A to the adjoining property owners for $1.50 per square foot. That fair market value of the property considered the property in an "as is" condition. City staff did not request an opinion as to the fair market value of the property if it were cleared. The proposed purchase price for Edison is $8,949 and the proposed purchase price for Drenth is $3,750. The price does not include the cost sharing provisions as outlined below. Property Survey — $1,500 Flat Fee. This would create a proposed boundary line for each property as well as provide the city with the necessary surveyor's certificate which is required for any subdivision of land in the city of New Hope. City staff would recommend that the cost of this be shared among the three parties in the following manner: City — $750 (50%); Edison — $375 (25%); Drenth — $375 (25%). Title Commitment - $250-$300. Staff recommends this cost be shared in the same manner as the property survey. City - $125-$150 (50%); Edison - $62.50-$75 (25%); Drenth - $62.50-$75 (25%). Title Insurance — This would be purchased at the expense of each property owner. The city has indicated that it will consider selling this property in an "as is" condition with no representation regarding its history. Legal Services (closing preparation, closing and post closing services) — $250-$400. Staff recommends this cost be shared in the same manner as the property survey and title commitment. City - $125-$200 (50%); Edison - $62.50-$100 (25%); Drenth - $62.50-$100 (25%). Purchase Agreement Preparation — Staff recommends that the city cover all expenses related to the purchase agreement preparation and negotiations. Staff does not recommend covering legal fees for the property owners. If the property owners wish to have an attorney present to negotiate or review the purchase agreement, it will be their responsibility to cover those expenses. Application for Administrative Lot Consolidation/Minor Subdivision — Staff recommends the City Council waive this fee for this matter. State Deed Tax — This is a customary expense assumed by the seller (city). Property Taxes & Assessments— If applicable, the taxes will be prorated on a calendar year basis as is customary in any real estate transaction. Geotechnical and Building Review — If either property owner hires a professional to review any issues related to the suitability of development of their respective portion of Outlot A, staff recommends that those expenses should not be shared by the city. The City Council and city staff have made no guarantees regarding the development potential of Outlot A. It is understood that this property, if the adjacent owners elect to purchase it, will be conveyed "as is." Recording Fees — This is a customary expense assumed by the buyer ($50 per deed, which includes a new Owner's Certificate of Title). Conservation Fee — This is a customary expense assumed by the buyer ($5 per deed). Request for Action Page 4 May 9, 2005 2. Based on the cost estimates provided above, the City Council could direct staff to adjust the sales price to reflect some of the clearing work the neighboring properties have requested. City staff does not recommend this approach as the valuation of Outlot A which established a fair market value of $1.50 per square foot was in an "as is" condition. The previous discussions regarding the disposition of Outlot A had contemplated the transfer of a portion of it in an "as is" condition. City staff would not recommend that the city hire a contractor to complete the clearing work. If the City Council determines that a discount should be provided for the price of the land based on the condition of the property, staff would recommend that the City Council discount the price to a level which it determines is appropriate and leave the responsibility of clearing the land to the respective property owners. 3. If the City Council and the adjoining property owners cannot agree upon a sales price and proposed cost sharing terms for closing and subdivision services, city staff would recommend that the City Council retain ownership of the property. If the property is not transferred, city staff would recommend that the property be maintained in a natural condition. If the city retains the property and it remains in a natural condition, the annual maintenance costs will be minimal. REQUEST FOR ACTION Staff recommends that the City Council close the public hearing and offer direction regarding the proposed terms of the sale. If the owners are agreeable to those terms, city staff will prepare a purchase agreement for the city council to consider. FUNDING The cost sharing as outlined under Option No. 1 will be covered by the proceeds from the sale of a portion of Outlot A. ATTACHMENTS o Proposed Term Sheet o Crystal Tree Services Cost Estimate 7616 551h Avenue North o Crystal Tree Services Cost Estimate - 7608 550, Avenue North o New Horizons Tree and Landscaping Cost Estimate - 7616 551h Avenue North o League of Minnesota Cities - Minnesota Cities Magazine Article "Disposal of City Property" March 2005 edition o Correspondence to adjoining property owners (Drenth and Edison) -May 5, 2005 o Proposed Subdivision Map o Redevelopment Eligibility Assessment - 7616 55t', Avenue North PROPOSED TERM SHEET PORTION OF OUTLOT A — WINNETICA GREEN PROPOSED BUYERS: PAUL EDISON 7605 55TH AVENUE NORTH MICHAEL AND BARBARA DRENTH 7616 55m AVENUE NORTH CLOSING DATE: MAY 2, 2005 (Tentative — Can be scheduled to accommodate buyers) Proposed square feet to be conveyed to Edison Proposed square feet to be conveyed to Drenth Proposed sale price per square foot Proposed cost sharing for survey work Proposed cost share for title commitment Title Insurance Proposed cost share for legal. services (closing Preparation, closing and post closiL{g crvices)' Application for Administrative Lot Consolidiation/Minor Subdivision) Property Taxes & Assessments Geotechnical & Buildability Review Legal counsel purchase agreement review Recording Fees Conservation Fee 5,966 square feet* 2,500 square feet* $1.50/square foot** $375.00 each buyer/ $750.00 City $62.50-$75.00 each buyer/ $250.00-$300.00 City Assumed by each buyer if desired $62.50-$1liv.00 e _c%1,dy.C.+1, $ 15.C1(i-.$200.00 City $200.00*** each buyer - Prorated on calendar year basis Assumed by each buyer if desired Assumed by each buyer if desired $50.00 per deed**** $5.00 per deed * Exact square footage to be transferred will be determined b p property survey. Buyer will. be required to combine additional land into existing PID number. y Price has been recommended by Hennepin County Department of Assessments City staff is recommending waiver of this fee. Action required by City Council to confirm. �'* includes a new Owner's Certificate of Title fu In sz 0 3 U H J m a_ Eil d O 2 3 W Z O N h7 U) N N I M } cl 7' Gl/ f q6x A LA.1,9 ( FULLY INSUAR Uty BONDED CRYSTAL TREE SERVICE 5301 XENIAAVENUE NORTH CRYSTAL, MINNESOTA55429 PJ -It MP- 17RZl GQ� n70n 05/03/2005 15-49 FAX 763 493 5193 JENSEN & SONDRALL, P -A. MAV 02 2005 4:22PM HP LRSERJET 3200 1 FULLY INSURED CRYSTAL TREE SERVICE 5301 XENIA AVENUE NORTH CRYSTAL, MINNESOTA55429 PHONE: (783)537-2780 BONDED %M Lornow'w 9 002 P.2 04/01/2005 14-19 FAX 763 493 5193 JENSEN & SONDRALL, P.A. CNH-CH IM003 03/31/2005 11:37 6125333095 MICHEAL DRENTH PAGE 02 ��"� �'.'�'•`49xc. }y.«}r,':ra'v' �"•` .[y+c •- .�, '"y: 'i:�' ':w =... _ _,(:.:.: 4'F�,._.:-•.. �er' - Y ' wl:;=y ` •r : • : 1 by , + . f.', - ',';i4'r• � �'.:1."•?.i' +�.'�.�'� '{w.eF^..+�'�f1F. � .... of ..r...:f �: rT:•,f H. .i :• ,i` • ,�}'. Yty:'+�''•"c'ti''�• •; ter'• { 4.f"` ri tp �.!� - ,5 . ' '�' `},`„ a•+;Miri .wj.,4�,`,�:}}11� :s.p •�•.t .�', �(.. I�F�I,� . •'} •Si a ..y'u'lY rS. LLL..��/ r � ��.•� •�`• - t rf' _ 'r I•'7,Nd� �;: •.5'� :�� ,.}.rSrt��r �.li•,'- TT �I � �/tira/� � V�'. •� � •' •':'ir�+e`iL'1 y�' ' �•: "'e:1• • ,. +'�-4 l• tic k,. �r t So �. 4&'L� �i�... �•rQ••�R� �ptEi.�t.� ' .. "��. fa. �' .� •r : Y• • . '• �t . Y•';¢A' ��.' .. • � G . :. La 77 md 40� 'j • i 1 . a S 'r to � � •i° •��,; � a 5'I• •• ti _ Fury 1.#ceneed . No Job Tao Largs'.. ti-04.., Y,• over 12 Yearscperience it we take prkie in our work mak. � : � _ : � FOR A FR WWTE 24 HOURS tf 18maTR Emo558 �'• S .� ' . di.�c. 5f:: _;:. s: �'itiad WateCCdt DID YOU KNOW? Disposal of City Property By Jed Burkett Cities occasionally own real or personal property that they no longer need and wish to dispose of. "Real property" is real estate, or basically land and things attached to land such as buildings. Cities can often convey real property that is no longer needed. "Personal property" is something subject to ownership that is not classified as real property, such as vehicles or equipment. Cities may own unneeded or unwanted personal property, such as obsolete office equipment, furniture or computers. There are a number of considerations in the disposal of surplus city property. Cities should always consider the value of city property to be disposed. If the property has any monetary value, disposal of the property without remuneration arguably is akin to a municipal expenditure subject to the public purpose expenditure doctrine. In order for an expenditure of public funds to be lawful, there should be a public purpose for the expenditure, and there must be specific or implied authority for the expenditure in statute or in the city's charter. (See League research memo, Public Purpose Expenditures available in the Library section of the LMC web site at: www.lmnc.org.) State law authorizes statutory cities to acquire, manage, and dispose of real and personal property. Minnesota Statutes Section 412.211 specifically authorizes a statutory city to sell, convey, lease or otherwise dispose of real and personal property as its interests may require. Charter cities may have other provisions in their charters regarding their authority over real and personal property. Specific questions concerning a city's authority should be directed to the city attorney. Disposal of property by transferring it to another party is generally contractual in nature. Just like purchasing property, if property to be disposed of consists of supplies, materials or equipment, the contract is subject to the uniform municipal contracting law (Minnesota Statutes Section 471.345). If the contract is estimated to exceed $50,000, the city must use the competitive bidding process. If the contract is estimated to exceed $10,000 but not $50,000, the city has the option of using the competitive bidding process or making the contract by direct negotiation. If the contract is estimated to be less than $10,000, the city has the option of making the contract upon quotation or in the open market. (See League research memo, Competitive Bidding Requirements in Cities, available in the Library section of the LMC web site at: www.lmnc.org). Contracts concerning the purchase or sale of real property are not generally required to be competitively bid. Statutory cities may dispose of real property not held in trust for a specified public use. Cities generally have the power to sell or lease land or buildings they no longer need. Housing redevelopment authorities and economic development authorities must hold a public hearing before selling or leasing most land. There are a few limited situations under which a city may give away land or sell it for a nominal amount of money. (See League research memo, Purchase and Sale of Real Property, available in the Library section of the LMC web site at: www.lmnc.org.) Different considerations may arise depending on the intended recipient of the property. The disposition of city equipment, supplies, materials or other property, including real property, to the federal government is not subject to the uniform contracting law or other charter or statutory provisions (Minn. Stat. Sec. 471.64). Also, a city may transfer its personal property for nominal value or without compensation to another public corporation such as a county or school district for public use (Minn. Stat. Sec. 471.85). Cities are generally prohibited from selling city property to city employees or officials. However, property owned by a city may be sold to a city employee after reasonable public notice at a public auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses (Minn. Stat. Sec. 15.054). Other requirements relate to disposal of unclaimed, forfeited or abandoned property. Property lawfully coming into a city's possession in the course of municipal operations and remaining unclaimed by the owner for a period of at least 60 days, may be disposed of by the city under an unclaimed property ordinance providing for sale at public auction or through a community service nonprofit organization (Minn. Stat. Sec. 471.195). Disposition of property forfeited to the city in connection with criminal activity and the distribution of resulting proceeds is specifically governed by state law (Minn. Stat. Sec. 609.5315). Similarly, state law governs the disposal of impounded abandoned motor vehicles (Minn. Stat. Ch. 168B). Additional information. For further information, or to request copies of relevant state statutes or League research memos, please contact the League's Research Department at (651) 281-1220 or (800) 925-1122. Research memos are also available on the LMC web site. Please consult your city attorney for specific legal advice concerning the disposal of city property. Jed Burkett is research attorney with the League of Minnesota Cities. Phone: (651) 281- 1224. E-mail: jburkett@lmnc.org. May 5, 2005 Paul Edison 7608 5511, Avenue North New Hope, MN 55428 RE: Potential Conveyance of a Portion of Outlot A - Winnetka Green Dear Mr. Edison: On May 9, 2005, the New Hope City Council will continue the public hearing regarding the potential transfer of a portion of Outlot A in the Winnetka Green project area to you. I would encourage you to attend the City Council meeting. I am enclosing a copy of the Request for Action which outlines staff's recommendation to the City Council. If you have any questions or concerns, please do not hesitate to contact Shawn Siders at 763-531- 5137 or myself at 763-531-5119. Sincerely, Kirk McDonald Director of Community Development Enclosure cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Clarissa M. Klug, Assistant City Attorney Shawn Siders, Community Development Specialist CITY OF NEW HOPE 4401 Xylon Avenue North * New Hope, Minnesota 554284898 * www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non -emergency): 763-531-5170 * Public Works: 763-592-6777 * TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 y# r�' r '�fj 'WWW? € 00 May 5, 2005 Michael & Barbara Drenth 7616 5511, Avenue North New Hope, MIRY 55428 RE: Potential Conveyance of a Portion of Outlot A Winnetka Green Dear Mr. & Mrs. Drenth: On May 9, 2005, the New Hope City Council will continue the public hearing regarding the potential transfer of a portion of Outlot A in the Winnetka Green project area to you. I would encourage you to attend the City Council meeting. I am enclosing a copy of the Request for Action which outlines staff's recommendation to the City Council. If you have any questions or concerns, please do not hesitate to contact Shawn Siders at 763-531- 5137 or myself at 763-531-5119. Sincerely, Kirk McDonald Director of Community Development Enclosure cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Clarissa M. Klug, Assistant City Attorney Shawn Siders, Community Development Specialist CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 04 r4.L rad d .vd diav .1L^ vm=l Bc ZUAJJrcrLL U, r.X. QU:ld/Uua w 20 (45) 7 •.... 18D 'r` J, M i9D 65 !D J 65� 30■ UST i I C19 1 I' N a•' i N N C nai A �N (28)ri P z (2) (89) r I OF I PART OF ' I LOT 39 -- --- E5 J J Js5 .r !r 30 75 170 EAST d -I !38 32 (29) i .. (90) �a l N 4 il.I M Z w J80 U. O 4 5 (27) 75 15 EAST ' (99) , � + D � N M7 Q7 *'F (92) LM M) ; NO DJ. 75 .75 ... • , . 4 .227.3 .,I �ill�' �1 w Redevelopment Eligibility Assessment Proposed New Hope TIF District New Hope, MN September 14, 2004 Prepared by: Short Elliott Hendrickson. Inc. {SEH} 3240 East River Road NE, Suite 102 Rochester, NIN 55906 . SEH No. A-NEWBP0501.00 Multidisciplined. Single Source. Trusted solutions for more than 75 years. Redevelopment Eligibility Assessment Proposed New Hope TIF District New Hope, MN September 14, 2004 Prepared by. Short Elliott Hendrickson Inc. (SEH) 3240 East River Road NE, Suite 102 Rochester, MN 55906 SEH No. A -NEVA P0501.00 City of New Hope Proposed TIF District September 14, 2004 PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the City of New Hope, Minnesota, to survey and evaluate the properties within the proposed New Hope Tax Increment Financing (TIF) District. The proposed district is generally located south of 56h Avenue N, north of 55'h Avenue N, east of Winnetka Avenue N and west of Quebec Avenue N. The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed district consists of 8 parcels comprised of the following types of improvements: 8 residential structures on 8 parcels. Within the district are also several accessory structures — for the purposes of this assessment, these are considered `outbuildings' and are not included in the Condition of Buildings Test. EVALUATIONS Interior inspections were completed for all buildings except 3. An exterior inspection was completed for all buildings. FINDINGS Coverage Test — 7 of the 8 properties met the coverage test with a 83.25% area coverage. This exceeds the 70% area coverage requirement. Condition of Buildings Test — 25 percent of the buildings — 2 of the 8 buildings - were found to be "structurally substandard" when considering code deficiencies and other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of "structurally substanda)T" as follows). This does not exceed the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard" CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render a result that in our professional opinion does not qualify the district eligible under the statutory criteria and formulas for a Redevelopment Tax lacrement Financing District (State Statute 469.174 Subd. 10). SUPPORTING DOCUMENTS ATTACHED - Site Occupie"uilding Substandard Determination table OA TEF Assessment maps: Buildings Under Study, Occupied Surfaces, Percent Occupied Report on Building Condition (one per building) Individual Building Summary Report (one per building) PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 459.174, Subdivision 10, clause (c) which states: Interior Inspection -- `°The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property..." Exterior Inspection and Other Means — "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from, the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation —'Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under section 459.175, subdivision 3,. clause (1)." Refer to attached Exhibit A — Documentation of Contacts/Evaluations for documentation for these purposes. PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of New Hope sent letters to all property owners located in the district requesting that an inspection and evaluation be made of their property. SEH conducted assessments between September 1 and September 2, 2004. Requests for evaluation appointments were made with the building owner or building tenants. An interior inspection and evaluation was completed if consented to by the owner. An exterior inspection and evaluation was made where the owner refused interior access to their property. In all cases, an exterior evaluation was completed. For all subject buildings, SEH reviewed the information provided by the City of New Hope. This information provided a basic description of type of work completed for each building (Building, Electrical, or Plumbing, scope of work) and, in some cases, approximate value of work to be completed. Some buildings had no available information. Additional building data was collected from public taxpayer information available from Anoka County. Building data from these public records was combined with and reviewed against information gathered in the field. QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test — `parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures ..." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: `For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test -- ". . . and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" The term `structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Conditions Test: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Code Test: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard if it: "... is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." Based on the above requirements, the substandard determination of a particular building is a two-step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because the Code Test is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the main test of the Conditions Test. FEIrthermore, deficiencies included in the Conditions Test may or may not include specific code deficiencies as listed in the Code Test. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying the Conditions Test; conversely, it is certainly possible that identified hazards or other 4 deficiencies which could be included in the Conditions Test do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. The Conditions Test is more subjective, whereas the Code Test is an objective test. Conditions Test deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in the Code Test. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Conditions Test, the following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of " ... deficiencies in essential utilities and facilities, light and ventilation, etc..." International Building Code : The purpose of the IBC is to provide minimum standards to safeguard public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment (IBC 101.3). A deficiency in the building code (insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard `public health ...and safety to life'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibilit Code ter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. The ADA is a federal anti -discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities". Minnesota Food Code r 4626: This chapter is enforced by the Minnesota Depart=nt of Health and is similar to the IBC in that it provides minimum standards to safeguard public health in areas of public%ommerciai food preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities". National Electric Code ORQL The purpose of the NEC is the practical safeguarding of persons and property from hazards ansing from the use of electricity. The NEC contains provisions that are considered necessary for safety (NEC 90-1 (a) and (b)). A deficiency in the electric code (insufficient electrical 5 service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities". International Mechanical Code QQ: The purpose of the IMC is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of mechanical systems (IMC 101.3). The IMC sets specific requirements for building ventilation, exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the 'health. .. and public welfare' of a building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light and ventilation". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy the conditions test for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under the Code Test on the basis of `reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence' MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH utilized a GIS (Geographic Information Systems) system database, available through Anoka County and the City of New Hope, to obtain individual parcel information. The GIS system contains graphic information (parcel shapes) and numerical data based on county tax records. This information was used by SEH for the purposes of this assessment. The total square toot area of each property parcel was obtained from county records (GIS) and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography (2403). The total square footage of site improvements was then digitally mieasur+ed and confirmed by general site verification. 6 The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Occupied Surfaces map and Percent Occupied map. The total area of all qualifying property parcels was compared to the Notal area of all parcels to determine if the 70% requirement was met. The area occupied by public rights-of-way has not been considered in the coverage test calculations. All of the public rights-of-way are improved.. If all of the public rights-of-way were treated as a parcel for the purpose of coverage test calculations, the 70% requirement of the coverage test would still be met Condition of Building Test Iaoement Cost — the cost of constructing a new structure of the same size and type on site: R S Means Square Foot Costs (2004) was used as the industry standard for base cost calculations. R. S Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a `national average" for materials and labor prices for all types of building construction. The base costs derived from R. S Means were reviewed, and modified if applicable, against our professional judgment and experience. A base cost was calculated by first establishing building type, building construction type, and construction quality level (residential construction) to obtain the appropriate Means cost per square foot This cost was mailtiplied times the building square footage to obtain the total replacement cost for an individual building. Additionally, to account for regionaVlocal pricing, a cost factor was added to the total cost according to R.S. Means tables. Using R. S Means, consideration is made for building occupancy, building size, and construction type; therefore, the cost per square foot used to construct a new structure will vary accordingly. Buildin, Deficiencies: Conditions Test Condition Deficiencies -- determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted, sometimes limited to public spaces. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Condition Deficiencies may or may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. 7 huild-ing Deficiencies: Code Test de Deficiencies — determining technical conditions that are not in compliance with current building code applicable to new buildings and the cost to correct the deficiencies: On -Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted, sometimes limited to public spaces. On-site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers, Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): b Building accessibility — Minnesota Accessibility Code Building egress, building construction —International Building Code Fire protection systems — International Building Code Food service — Minnesota Food Code • HVAC (heating, ventilating, and air conditioning) -- International Mechanical Code • Electrical systems — National Electric Code and Minnesota Energy Code • Energy code compliance — Minnesota Energy Code For the purposes of determining the Code Test (Code Deficiencies), Energy code compliance is relevant because its criteria affect the design of integral parts of a majority of a building's systems. The intent of these criteria is to provide a means for assuring building durability, and permitting energy efficient operation (7676.0100). The energy code addresses general building construction (all forms of energy transmission in an exterior building envelope — was, roofs, doors and windows, etc.) and energy usage by lighting and mechanical systems. A deficiency in the energy code (inadequate insulation, non insulated window systems, improper air infiltration protection, etc.) reduces energy efficient operation and adversely affects building system durability; therefore, a deficiency in the energy code is considered to contribute to a condition requiring substantial renovation or clearance. Office evaluations — Following the on-site evaluation, each building was then reviewed, based on on-site data, age of construction, building usage and occupancy, square footage, and known improvements (from building permit data), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost — Costs to correct identified deficiencies were determined by using R. S Means Cost Data and our professional judgment and experience. In general, where several items of varying quality were available for selection to correct a deficiency, an item of average cost was used, as appropriate for typical commercial or residential applications. Actual construction costs are affected by many factors (bidding climate, size of project, etc.). Due to the nature of this assessment, we were only able to generalize the scope of work for each correction; that is to say that detailed plans, quantities, and qualities of materials were not possible to be known. Our approach to this matter was to determine a preliminary cost projection suitable to the level of detail that is known. This process was similar to our typical approach for a cost projection that may be given to an owner during a schematic design stage of a project. Costs to correct deficiencies were computed for each building and compared to the building replacement cost to determine if the 15% requirement was met. The total number of buildings determined to be "stnicturally substandard" by satisfying both the Conditions Test and the Code Test in this manner was compared to the total number of buildings in the proposed district to determine if the 50% requirement was met. Reports on Building Conditions and Individual Building Summary Reports are available for review at the offices of SEH and the City of New Hope. Technical Conditions Resources — the following list represents the current building codes applicable to new buildings used in the Building Deficiency review: 2003 Minnesota State Building Code 2000 International Building Code 2000 International Housing Code MN 1341— Minnesota Accessibility Code, Chapter 1341 (1999) 2000 Minnesota Energy Code, Chapters 7672, 7674, or 7676 1999 National Electric Code 2000 International Mechanical Code PROJECT TEAM: Ron Seymour, Project Manager Leon A. Grothe, AIA, Project Architect 9 �. - s 1k, Uy tv ffi r, . 'rte a� --�- •'�, " 54-1 56-1 53-1 55 1 571 ZW4t 5i-1 ffa: mow= � Y F«, i �'� r "`'r �' M' � '''• � '�.= uc � , �° ,� � r fin+"� � �_ a� •-�-�-��-: �F rA�'fz` iia s �3r.'�.; -,'.►' F" -�•_ - is .� .-.-� _ 4 ._ to .. � _. '� .� _J•��s. '� lsl r ..: �y Coordinate System: CITY OF HenneBlln Counb NAD 89 cRi Source: Hannepin Courdy and SEH. NEW HOPE /Legend Map by. sh ProledBoundary !�► REDEVELOPED ELIGIBILITY ® © Parcel Boundaries ASSESSMENT , Buildings Under Study a eo 1130 Building Assessment Feet SEH Report on Building Condition Building ID/Business NamelAddress: Satisfies Conditions Test for Structurally Substandard Building. Satisfies Code Test for Structurally Substandard Building: Structurally Substandard Building (Y/N): Conditions Test 7616 SP Ave N 56-1 W, N N Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. - The above building, based upon actual interior and exterior inspection and review of building permit records, exhibits the fallowing deficiencies that contribute to justifying substantial renovation or clearance: Structural Elements • Defects in exterior building shell: cracks in stucco, near grade on east side of house; broken/missing brick and mortar on chimney in several locations Light & ventilation • Deficient in meeting Mechanical code: for residential construction prior to 1980, plumbing systems contain lead soldered connections, which are non-compliant with current building code Deficient in meeting Electrical code: for residential construction prior to 1980, receptacle locations, receptacle types, and wiring are noon -compliant with current building code Fire Protection/Egress Deficient emergency egress: lack of basement and bedroom emergency egress windows ® Deficient interior stairway: deficient head height dimension, handrail terminations and guardrail Lack of smoke detector/detection system on an individual floor and in each bedroom Layout/Condition of interior Partitions Cracks and holes in several locations in lower level Similar Factors . Defects in exterior building shell: water stains on stucco, cracks in concrete steps at entry Code Test Notwithstanding the foregoing, the tax increment Iaw also provides that a building may not be considered structurally substandard if it is in compliance with the building code applicable to new buildings or conid be modified to satisfy the current building code at a east of less than 15% of the cost of constructing a new building of the same square footage and type on the same site. Estimated cost of new building of same size and type (Total Replacement Cost): $169,194.77 Estimated cost of correction of code deficiencies (Total Deficiency Cost): $23,643.68 Percentage of Code Deficiency to Replacement Cost: 13970 Refer to Individual Building Summary Report far documentation of specific code deficiencies_ 56-1 INDIVIDUAL BUILDING SUMMARY REPORT 511821330095 7616 55TH AVENUE; N LAG Mecrns`Basri: Cast C61ai{iationo o tPerl. 1por A ga i 9/2/2004 $ISF Area' Y INTERIOR Exterior Wall And Frame $89.85 imo.00j $129,384.00 R Story Height Adjustment (Add or Deduct) 0.001 $0.00 RESIDENCE Basement* $14.60 959.o0 $14,001.40 WOOD/BRICK Location Factor** add (70) 0.18 $25,809.37 WOOD FRAMED Total Replacement Cost $169,194,77 1 Y Total Deficiency Cost $23,643.59 1440 Percentage of Code Deficiency To Replacement Cost 1 13,97 1440 Satisfies Step 2 Test (469.17410 (c)) for Structurally Substandard Building (Y/N) IN 1962 N N *Residential Basement -Calculate Percentage of Finished vs. Unfinished 50% FINISHED **Location Factor varies by location and building type (commercial or residential) Summary of Building Deficiencies (Code Deficiencies) Deficiency Cost Accessibility (Exterior and Interlor)/Building Egress/Building Construction $7,250.00 Fire Protection Systems $500.00 Energy Code Compllance $15,893.38 Food Service Areas $000 Heating, Ventilation, and Cooling Systems (HVAC) $0.00 Electrical Systems $0.00 Page 1 Deficiency Area/Number Unit Cost Deficiency Cost of Req'd. Improvements Building Egress - 2000 Intamational Building Code (tee) 1 Bedroom/slesping room without 5.7 s.f. min. operable window/door area for emergency escape directly to the 4 $1,000.00 $4,000.00 exterior - iBC 1009.1; remove existing window, enlarge opening, provide new window Residential basement without 5.7 81 min. openabie window/door area for emergency escape directly to the I $4,000.00 $0.00 exterior - IBC 1009.1; remove existing window, enlarge opening, excavate for window well, provide new window remodel cost, maximum residential remodel cost) and window well i Smoke detector/detection system not provided on each floor (including basement) - IBC 907.2.10; provide a Stair handrail ends do not return to wails or terminate In newel posts - IBC 1003.3.3.11; modify existing handrail 2 $50,00 $100.00 end 3 $125.00 $375.00 smoke detector Stair handrail ends do not extend 12' beyond the lop riser or 12" plus one bead beyond the bottom riser - IBC 0 $50.00 $0.00 1003.3.3.11; modify existing handrail end 10 $700.00 $7,000.00 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim Stair handrails are not continuous - iBC 1003.3.3.11; modify existing handrail 1 $50,()0 $50.00 Stair flight or landing with noncompliant guardrail (42" min. height, 4' or 21' min. spacing between Intermediate 2 $300.00 $600.00 rails) (residential exception = 34' - 36' height) - IBC 1003.2.12; provide now guardrail (estimate V-6' Iln. Feet) For building construction prior to 1976, exterior wall area with lose then R-11 Insulation - MN 7672.0800, MN 1345 $5.50 $7,397.50 Stairway Improvements requried due to nonoompliant daehun, headroom, and landings - IBC 1003.3.3; minor 1 $2,500.00 $2,500.00 remodeling: replace stairs, modify rallings, landings, and adjacent walls (considered minimum commercial remodel cost, maximum residential remodel cost) Fire Pmtectlon Systsms - 2000 international Building Code (IBC) i Smoke detector/detection system not provided on each floor (including basement) - IBC 907.2.10; provide a 1 $125.00 $125.00 new hardwired smoke detector Smoke detector/detection system not provided in each sleeping room - IBC 907.2.10; provide a new hardwired 3 $125.00 $375.00 smoke detector Energy Code Compliance - 2000 Minnesota Energy Code, Ch. 7672, 7874, or 7876 1 Window exceeds thermal transmittance standards (window glazing Is non -Insulated) - MN 7672.0800, MN 10 $700.00 $7,000.00 7676.0700; remove existing window assembly, provide new window assembly, replace Interior and exterior trim For building construction prior to 1976, foundation wall with less then R -i Ineulaffon - MN 7672.0600, MN 277 $3.25 $908.55 7678.0700; excavate foundation wall at perimeter of building, assume add Insulation depth to 4' below finished floor (I1 perimeter x 4'-0" x $3.28 (Insulation + excavation)) For building construction prior to 1976, exterior wall area with lose then R-11 Insulation - MN 7672.0800, MN 1345 $5.50 $7,397.50 7676.0700; residential Improvement: assume price for new Insulate 2x4 wall w/vinyl siding (s1 wall surface x $5.50), commercial improvement: assume price for EIFS or Interior wall furring and Insulation (s.f. wall surface x $7.00) For building construction prior to 1976, attic/roof area with less than R-38 Insulation (residential) or R-23 664 $0.68 $587.52 Insulation (commercial) - MN 7672.0600, MN 7676.0700; residential improvement - assume add 6.5" blown4n cellulose (s.f, x $0.68), commercial Improvement - assume total mroof required, 'flat' roof, built-up roofing and roof edge (s.f. roof x $6.00) Calculated loads Page 2 `a May 10, 2005 Mar. Paul Edison 7608 551h Avenue North New Hope, MN 55428 RE: Potential Sale of Outlot A — Winnetka Green Project Area Dear Mr. Edison: As a follow up to the City Council meeting of May 9, 2005, I am writing to request a meeting with you to discuss the potential acquisition of approximately 8,466 square feet of Outlot A in the Winnetka Green project area. City staff would request that you contact us to arrange a meeting time that is convenient for all. At this point, city staff would like to arrange a meeting during the week of May 23, 2005. Please contact Shawn Siders at 763-531-5137 to arrange this meeting. In advance of meeting with city staff, I would request some additional information from you. During the May 9, 2005 City Council meeting, you provided the city with a lump sum cost estimate from Kevitt Excavating in the axn o ,mt of $6,900 to remova the k-- Ld ,:c o. -,Ove trees that were marked by you and re -grade the site. I would request that you provide an estimate for that same work on the additional 2,500 square feet of the Outlot that is adjacent to the property located at 7616 551hAvenue North. I would also request that you provide the city with itemized cost estimates, rather than lump sum estimates. If city staff has these itemized estimates prior to our meeting, it will facilitate our discussions. Thank you for your continued cooperation in this matter and I look forward to resolving this matter in the near future. If you have any questions or concerns, please do not hesitate to contact me at 763-531-5119 or Shawn Siders at 763-531-5137. - ce ly, Kirk McDonald Director of Community Development cc: Daniel J. Donahue, City Manager Steven A. Sondrall, City Attorney Clarissa M. Klug, Assistant City Attorney Vince Vander Top, City Engineer Guy Johnson, Director of Public Works Shawn Siders, Community Development Specialist Valerie Leone, City C?erk CITY OF NEW HOPE 4401 Xylon Avenue North * New Hope, Minnesota 55428-4898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 * TDD: 763-531-5109 City Hall Fax. 763-531-5136 Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Nkro7il\rail] =' REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 6-27-05 Public Hearin By: Kirk McDonald, Director of CD Item No. Shawn Siders, CD Specialist B : ' , ' 7.1 CONTINUATION OF A PUBLIC HEARING: SALE OF A PORTION OF OUTLOT A — WINNETKA GREEN PROJECT AREA TO PAUL EDISON (IMPROVEMENT PROJECT NO. 751) REQUESTED ACTION This is a continuation of the public hearing to consider the proposed transfer of approximately 8,466 square feet of Outlot A to the owner of 7608 55�h Avenue North. The remaining 1,785 square feet is proposed to be retained by the city and incorporated into Elm Grove Park. On May 9, 2005 the City Council made a motion continuing the public hearing and directed staff to work with the owner of 7608 55thAvenue North to convey 8,466 square feet of Outlot A to them at a reduced cost based on land clearing estimates provided by a variety of local contractors. City staff request that the City Council conduct a public hearing regarding the proposed land transfer, make a motion closing the public hearing and make a motion approving the enclosed resolution which approves a purchase agreement with the owner of 7608 551hAvenue North. POLICYIPAST PRACTICE City goal #2 is to emphasize the maintenance and redevelopment of commercial and residential properties within the city. BACKGROUND At its meeting of November 22, 2004, the City Council approved a resolution accepting the gift of Outlot A from Ryland Homes. At that time, the Council was advised that Ryland Homes wanted to assist the city in responding to the request of the adjoining property owners to "square off" their respective lots. During that meeting, staff advised the Council there were still a number of matters that would have to be resolved before the property could potentially be conveyed to the adjoining property owners. At its meeting of February 28, 2005, the City Council approved a resolution scheduling a public hearing regarding the proposed transfer of a portion of Outlot A - Winnetka Green project area to the adjoining property owners at 7608 and 7615 55tb Avenue North. Staff indicated that it was the understanding of city staff that one owner was in general agreement with the sales price and terms that were reviewed while the other owner was in general agreement with the cost sharing terms, however, they did not agree with the proposed sales price. MOTION BY SEE$�y TO: IARFA\PLANNINGIHousin \Outlot A Public HearinLy Continuation 6-27-05.doc Request for Action Page 2 June 27, 2005 On March 28, 2005, the City Council conducted a Public Hearing to receive comments regarding the proposed transfer. At that meeting, the adjoining property owners indicated that the proposed purchase price was too high and should be adjusted due to the condition of the site. At the conclusion of the public comment period, the City Council directed staff to work with the adjoining property owners to determine a cost estimate for clearing the land. On May 9, 2005, city staff presented the proposed terms regarding the potential transfer of a portion of Outlot A to the owners of 7608 and 7616 551h Avenue North. It was proposed that the owners of 7616 55f Avenue North would acquire approximately 2,500 square feet of Outlot A and the owner of 7608 551' Avenue North would acquire approximately 5,966 square feet of Outlot A. The proposed terms that were presented to the City Council were as follows: Proposed Sales Price: $1.50/square foot ($3,750 Drenth, $8,949 Edison) Property Survey: $1,500 flat fee (City 50%, Drenth 25%, Edison 25%) Title Commitment: $250-$300 (City 509/6, Drenth 25%, Edison 25%) Title Insurance: Buyer expense, city selling land in "as is" condition Legal Services (post closing): $250-$400 (City 50%, Drenth 25%, Edison 25%) Purchase Agreement Preparation: Proposed city expense Application for Lot Consolidation/Minor Subdivision: Proposed to be waived by City State Deed Tax: Customary seller expense (city) Property Taxes & Assessments: Prorated on a calendar year basis Geotechnical & Building Review: Buyer expense, city selling land in "as is" condition Recording Fees: Buyer expense Conservation Fee: Buyer expense At the conclusion of the public comment period, the City Council approved a motion to continue the public hearing until June 27, 2005. The City Council directed staff to meet with the property owner of 7608 55fl, Avenue North to discuss the potential acquisition of 8,466 square feet of Outlot A. The City Council directed staff that a reduction in the sales price might be appropriate if the owner agreed to use those cost savings to make improvements to the property (tree/stump and fence removal). On May 26, 2005, city staff met with the owner of 7608 55fl, Avenue North to discuss the potential acquisition of 8,466 square feet of Outlot A. Prior to that meeting, the property owner provided city staff with a cost estimate to clear and re -grade the entire site from Kevitt Excavating. The total estimated cost for that work is $8,100. City staff does not recommend granting a cost reduction based on the entire estimate as much of that work is cosmetic in nature. City staff recommends that some clearing take place in addition to having the entire perimeter fence removed. In that regard, the owner of 7608 551hAvenue North has agreed to acquire 8,466 square feet of Outlot A from the city for $1.00 per square foot. In return for the price modification, the property owner has agreed to remove twelve 6" to 12" caliper trees and stumps within the Outlot. Those trees will be noted on the survey that will be completed once the terms have been agreed upon to ensure that they are removed. The owner of 7608 5511, Avenue North will also remove the entire perimeter fence around Outlot A as well. Based on the cost estimate provided by Kevitt Excavating, the cost to complete this work will be approximately $4,400. Request for Action Page 3 June 27, 2005 The proposed price modification does not consider any discount for additional grading or clearing work that is cosmetic in nature. All of this work must be complete by August 31, 2005. In order to ensure the work is completed- in a timely manner, the city will hold the deed to the Outlot in escrow until the work is complete. In addition to the agreement described above, the owner of 7608 55th Avenue North has agreed to grant the city a public drainage and'utility easement entirely on its property to provide for the installation of storm sewer piping and other drainage equipment to provide better drainage for the entire neighborhood. The city engineer is preparing the necessary easement descriptions and those will be forwarded to the city attorney for the preparation of an easement agreement. It is anticipated that the public drainage and utility easement that will be granted by the owner of 7608 55th Avenue North will cover approximately 600-650 square feet of their property. This easement will be provided to the city at no cost. City staff also discussed the proposed cost sharing terms with the owner of 7608 551b Avenue North. The owner of 7608 55th Avenue North agreed to evenly share the costs that were previously recommended to be shared with the city. The following is the staff recommendation regarding the proposed cost sharing terms: REQUEST FOR ACTION Based on the previous direction of the City Council and the willingness of the owner of 7608 5511 Avenue North to grant the city a drainage and utility easement to provide better drainage for the neighborhood entirely on their property, city staff recommends that the City Council consider closing the public hearing at the conclusion of receiving public comments and approve the enclosed resolution authorizing the Mayor and City Manager to execute the proposed purchase agreement which has been developed in accordance with the terms listed above. The owner of 7608 5511, Avenue North has executed the purchase agreement and submitted a $500 check as an "earnest money" deposit. FUNDING The cost sharing as outlined above will be covered by the proceeds from the sale of a portion of Outlot A. ATTACHMENTS o Resolution o Purchase Agreement (signed by owner of 7608 551h Avenue North) o Kevitt Excavating Cost Estimate — May 9, 2003 7608 551h Avenue North C4 of New Hope Acquisition $1.00/square foot ($8,466) Property Survey $750 $750 Title Commitment $150 $150 Title Insurance Buyer (if desired) Legal Services $150 $150 Purchase Agreement Assumed by City Lot consolidation App Proposed to be waived State Deed Tax Seller Property Tax & Assessment Prorated Prorated Geotechnical Review Buyer (if desired) Recording Fee $50 Conservation Fee $5 REQUEST FOR ACTION Based on the previous direction of the City Council and the willingness of the owner of 7608 5511 Avenue North to grant the city a drainage and utility easement to provide better drainage for the neighborhood entirely on their property, city staff recommends that the City Council consider closing the public hearing at the conclusion of receiving public comments and approve the enclosed resolution authorizing the Mayor and City Manager to execute the proposed purchase agreement which has been developed in accordance with the terms listed above. The owner of 7608 5511, Avenue North has executed the purchase agreement and submitted a $500 check as an "earnest money" deposit. FUNDING The cost sharing as outlined above will be covered by the proceeds from the sale of a portion of Outlot A. ATTACHMENTS o Resolution o Purchase Agreement (signed by owner of 7608 551h Avenue North) o Kevitt Excavating Cost Estimate — May 9, 2003 RESOLUTION NO. 05-84_ RESOLUTION AUTHORIZING NEGOTIATION, EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT BETWEEN THE CITY OF NEW HOPE AND PAUL EDISON FOR A PORTION OF OUTLOT A, WINNETKA GREEN WHEREAS, the City of New Hope (the "City") is currently the owner of that certain real property located in Hennepin County, Minnesota and legally described as Outlot A, Winnelcta Green (hereafter referred to as the "Outlot"); and WHEREAS, it has been proposed that the City sell a portion of the OutIot to adjoining landowner Paul Edison in order to allow expansion of his current residential lot, with the land to be conveyed consisting of approximately 8,466 square feet located in the western area of the OutIot (such area to be referred to hereafter as the "Property"); and WHEREAS, the City Council of the City of New Hope (the "Council") has, pursuant to applicable Iaws and regulations, held a public hearing regarding transfer of the Property and has noted comments, if any, provided at the public hearing session(s); and WHEREAS, the Council has determined that the interests of the City require sale of the Property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: That sale of the Property is hereby approved and authorized. 2. That the Mayor and the City Manager (the "Officers") are hereby authorized to execute and deliver a purchase agreement for sale of the Property when the following condition is met: Substantial conformance of the purchase agreement to the form of agreement presented to the Council as of this date, with such additions and/or modifications as the Officers may deem necessary or desirable as evidenced by their execution thereof. 3. That the customary City fees for subdivision of land shall be waived in connection with the filing of any application(s) necessary to accomplish sale of the Property. Dated the 27h day of June, 2005. Aki` E. Opem Mayor Attest: PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement ("Agreement") is made by and between the CITY OF NEW HOPE, a Minnesota municipal corporation (the "Seller"), and PAUL EDISON (the "Buyer"). In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Seller shall sell and Buyer shall purchase approximately square feet of land located in the City of New Hope, County of Hennepin and situate in the western area of that legally described as Outlot A, Winnetka Green. The portion to be sold and purchased is depicted on Exhibit A attached hereto and made a part hereof and shall be referred to hereafter as the "Property". 1. Purchase Price. The purchase price for the Property shall be $1.50 per square foot (the "Purchase Price"), which sum shall be reduced by $ if, and only if, the Buyer completes brush and tree clearance in accordance Section below. The Buyer shall pay the Purchase Price as follows: Earnest money of Five Hundred Dollars ($500.00) (the "Earnest Money") will be submitted by the Buyer to the Seller upon the Buyer's execution of this Agreement, which payment shall be via a check made payable to Old Republic National Title Insurance Company (the "Title Company"); the Buyer shall pay the balance of the Purchase Price on the "Date of Closing", as that term is defined below. 2. Title Conveyed. On the Date of Closing, the Seller shall deliver to the Buyer a Quit Claim Deed (the "Deed") conveying marketable title of record, free and clear of any liens, encumbrances, assessments or restrictions, except for the "Pcrmitted Exceptions" as defined below. 3. "As Is" Sale. The Buyer acknowledges and agrees that the Property is to be sold "AS IS", with no representations or warranties by the Seller as to the condition thereof. 4. Wells/Septic Systems. To the best of the Seller's knowledge there are no wells or septic systems located on the Property. 5. Survey. The Buyer and the Seller agree to evenly share the customary costs of survey work necessary to (a) subdivide Outlot A, Winnetka Green into the Property and a parcel of land to be retained by the Seller, and (b) mark the areas where trees and natural vegetation are to be removed by the Buyer (the "Survey"). The Survey shall be ordered by the Seller and shall be prepared in accordance with the current minimum standard detail requirements for ALTA/ASCM land title survey prepared by a surveyor duly licensed in Minnesota. The Survey shall be certified to the Seller, the Buyer, the Title Company, and the Buyer's lender, if any. 6. Permitted Exceptions to Title. The Buyer acknowledges that if the Buyer closes the transaction contemplated by this Agreement then title to the Property will be subject to the following Permitted Exceptions: (i) lien of real estate taxes not yet due and payable in 2005; and (ii) rights-of-way for drainage ditches, drain tiles, feeders, laterals and underground pipes, if any. 7. Title Commitment and Policy. a) The Seller and the Buyer agree to evenly share the customary costs of preparation of a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by the Title Company, covering title to the Property being purchased in the amount .of the Purchase Price. The Seller shall order the Commitment. b) The Buyer shall have five (5) calendar days after his receipt of the Commitment or the Survey, whichever is later, in which to review and approve the title to the Property and to raise any reasonable objections he may have to title. Any objections not raised in writing shall be deemed waived. If objections are timely raised, the Seller shall promptly notify the Buyer in writing whether the Seller agrees to correct the objectionable matter or is either unwilling or unable to correct the objectionable matter. in the event the Seller agrees to address an objectionable title matter and fails to do so in a timely manner, or in the event that the Seller notifies the Buyer that the Seller is unable or unwilling to correct an objectionable title matter which was been timely raised, the Buyer may elect to terminate this Agreement in which case the Earnest Money shall be returned to the Buyer. In the event the Seller agrees to address an objectionable title matter and fails to do so in a timely manner, or in the event that the Seller notifies the Buyer that the Seller is unable or unwilling to correct an objectionable title matter which was been timely raised, the Buyer may alternatively elect to proceed with the transaction contemplated by this Agreement in which case the objectionable matter shall without further action by either party be deemed part of the Permitted Exceptions. S. Real Estate Taxes and Special Assessments. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis through the actual date of closing, unless otherwise provided in this Purchase Agreement. Seller shall pay any special assessments at closing. Seller shall additionally pay any real estate taxes due and payable in the years prior to the year of closing. 9. Closing. a) Closing shall on July 11, 2005 (the "Date of Closing") unless both parties agree, in writing, to an earlier or later date. b) Closing shall occur, at the sole option of the Seller, at either the Title Company's office, the Seller's offices, or the offices of the Seller's attorney. c) Seller shall deliver at closing the following executed and acknowledged documents: 2 (i) The Deed. (11) An affidavit in industry -standard form stating that that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; that the Seller is not a foreign person or entity; and addressing such other matters as the Buyer may reasonably require. 10. Closing Expenses. The Seller shall pay for the cost of recording any instrument (other than the Deed) necessary to place title in the condition required under this Agreement. The Seller shall also pay the State deed tax and all special assessments levied, pending or constituting a lien against the Real Property as of the Date of Closing (including without limitation any installments of special assessments including interest payable with general real estate taxes in the year of closing). The Buyer shall pay the cost of any owner's or lender's title insurance policy. The Buyer shall also pay all fees (except State deed tax) necessary for the recording of the Deed. The Seller and the Buyer each will pay one-half of the Title Company's customary closing fees. 11. [Reserved] 12. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two business days after depositing of the same in the mail if sent by registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery; (c) or upon transmission if successfully transmitted by facsimile. Any party shall have the right to designate any other address or facsimile number for notice purposes by written notice to the other party in the manner aforesaid. The address of the parties is as follows: SELLER: City of New Hope Dan Donahue, City Manager 4401 Xylon Avenue North New Hope, MN 55428-4898 Facsimile No.: 309-688-9099 with copy to: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Facsimile No.: 763-493-5193 BUYER: Paul Edison New Hope, MN 55428 13. Broker. The Buyer and the Seller represent and warrant that no brokers have been involved in this transaction, and each shall indemnify the other for causing the other to incur any brokerage charges in connection with this matter. 14. Remedies. If the Buyer defaults under the Agreement, the Seller shall have the right to terminate the Agreement by giving written notice to the Buyer as provided by law. If the Buyer fails to cure such default as provided by law, this Agreement will terminate, and upon such termination Seller will be allowed to retain the Earnest Money. If the Seller defaults under this Agreement, the Buyer shall have the right to seek specific performance and recover as damages from the Seller all of the Buyer's reasonable out-of-pocket costs and fees. 15. Escrow of Funds at Closing. [proposed text to be provided stating that the Purchase Price discount is to be escrowed at closing and refunded to the Buyer if clearing activities outlined as depicted on Exhibit B are completed by the date agreed upon at our last meeting. If there is an escrow fee it will be shared equally by the parties]. 16. Subdivison. The Seller agrees to waive the customary subdivision application fee would normally be required to divide Outlot A, Winnetka Green as contemplated by this Agreement. 17. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the latest date indicated below ("Effective Date"). Seller: City of New Hope By: Martin E. Opem Sr. Date Its: Mayor By: Daniel J. Donahue Date Its: City Manager Buyer: Paul Edison P:\Atiome}kCt*\Oients%CNH199-1132:199.11321-018-Punha Agxmen;D:.doc 4 Date EXHIBIT A Map Showing Property to be Attached May.20. 2005 1:36PM kevitt companies inc Na. 8371 P. 2 • evitt RUVENG INC. 3235 POWISYLYANIA AMUG NORM, C[ MAL, AM SS427 • PIKU: 763/545-3657 FAA: 788/545-5235 BID PROPOSAL Date: May 97 2005 To: Paul Edison 7608 5P Ave. No. New Hope, MN. 55428" Phone: 612-9634367 Fax: Bid for: Tree Removal and Site Grading Total Cost: 58,100.00 Bid Includes: Remove chain link fence approx 150' 5800.00 Remove approx 20 6"-10" trees and stamps 56000.00 Grade site for see&& or sodding 51300.00 Total $8100.00 From: Ross Larson Devitt Excavating, Inc. Phone: 763-545-3557 Fax: 763-545-5235 Bid does not include: Hazardous matarW removal, including but not limited to, asbestos, impacted or contaminated "soils, municipal solid waste and underground storage tanks. No import of maternal to site. Date of Acceptance: Signature: June 28, 2005 Vince Vander Top, P.E. Assistant City Engineer Bonestroo, Rosette, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55113 RE: Outlot A - Winnetka Green Project Area Dear Mr. Vander Top: As a follow up to the City Council meeting on June 27, 2005, I am writing to request that your firm provide the city with a registered survey of Outlot A in the Winnetka Green project area. The City Council approved a purchase agreement with Paul Edison that would transfer approximately 8,466 square feet of Outlot A to him. The remaining approximate 1,785 square feet would be retained by the city for inclusion into the Elm Grove Park property. The following elements need to be included in the survey: 1. Provide a proposed subdivision of the Outlot that would split ownership of the property between Paul Edison and the city of New Hope. Once transferred, this survey will be used by Mr. Edison for purposes of submitting a planning application with the city to re - subdivide the property to include it into the existing property. If approved by the city, this survey will be recorded with Hennepin County. The survey should be drafted in a form to accommodate the re -subdivision without additional expense to the city or Mr. Edison. 2. Mr. Edison will mark twelve (12) 6" to 12" caliper trees with spray paint that will be removed, please note these trees on the survey. The city will inspect the Outlot to ensure the trees have been removed. 3. Please note the perimeter fence on the Outlot. This will also have to be removed by Mr. Edison. 4. Recently, the adjoining property owner removed a tree that was on or near the Outlot. The stump from that tree has not been removed. Please note the location of that stump in relation to the boundary of the Outlot. CITY OF STEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Vince Vander Top Outlot A — Winnetka Green Project Area June 28, 2005 Page 2 I am enclosing a map of the area which shows the proposed lot subdivision. Once you have had the opportunity to review this request, please let me know the approximate time it will take your firm to complete this work. Based on our prior conversations, the cost of the survey will be a flat rate of $1,500. Please advise me at your earliest convenience if the cost to provide this service has changed. Thank you for your continued cooperation on this matter. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, Shawn S ders _ Community Development Specialist Kirk McDonald Director of Community Development Enclosure cc: Daryl E. Sulander, Director of Finance Guy Johnson, Director of Public Works Shari French, Director of Parks and Recreation Steven A. Sondrall, City Attorney Clarissa M. Klug, Assistant City Attorney Originating Department Community Development By: Kirk McDonald, Director of CD Shawn Siders, CD Specialist COUNCIL REQUEST FOR ACTION pproved for Agenda I Agenda Section 9-12-05 Development & I Item No. 8.2 Resolution relating to the decertification of a parcel from tax increment financing district No. 03-1(Special Law) (Improvement Project No. '151) Requested Action Staff is seeking approval of the attached resolution which will decertify Outlot A from the Winnetka Green Tax Increment Financing District. Prior to taking action on this matter, the City Council must suspend its regular meeting and convene the meeting of the Economic Development Authority which will adopt a resolution favorably recommending that the City Council approve this resolution. Policy/Past Practice City goal #2 is to emphasize the maintenance and redevelopment of commercial and residential properties within the city. Background On August 8, 2005, Outlot A of the Winnetka Green project area was transferred to Paul Edison in accordance with the terms that were approved by the City Council. Because Outlot A is no longer a component of the Winnetka Green redevelopment, it is appropriate to decertify it from the tax increment finance district. The city's financial consultant has prepared the attached resolution which if approved, will remove Outlot A from the Winnetka Green tax increment financing district. Recommendation Staff recommends that the City Council approve a motion suspending the City Council meeting and convene the EDA meeting to make a recommendation to the City Council. Once the EDA has made its recommendation to the City Council, city staff recommends approval of the attached resolution. If approved, city staff will coordinate the decertification of Outlot A from the Winnetka Green Tax Increment finance district. Attachments • Resolution MOTION BY SECOND BY I:IRFA\PLANNING\HousingEast Winnetka Redevelopment\Outlot A TIF Decertifv Council.doc Council Member Gwi n -tenth introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF NEW HOPE COUNTY OF STATE OF MINNESOTA RESOLUTION NO. 2005-112 A RESOLUTION RELATING TO THE DECERTIFICATION OF A PARCEL FROM TAX INCREMENT FINANCING DISTRICT NO. 03-1(SPECIAL LAID) WHEREAS, the City Council (the "Council") of the City of New Hope, Minnesota (the "City") established Tax increment Financing District No. 03-1(Special Law) (the "Tax Increment District") and adopted a Tax Increment Financing Pian relating thereto on December 8, 2003 pursuant to Minnesota Statutes, Sections 469.174 to 469.9799, 469.090 to 469.908, and Laws of Minnesota 2003, Chapter 29, Article 10, Section 10, inclusive, as amended and supplemented from time to time. The Tax Increment District was subsequently modified on May 10, 2004 and June 14, 2004, on both occasions, to reflect increased project costs, increased bonding authority and increased geographic area. No. 1 WHEREAS, the Tax Increment District is located within Redevelopment Project WHEREAS, it has been proposed that PIN 05-198-21-33-0226 be decertified from the 1m, ,...._.� _� Da:-I_:_� i. � un � i «,� c, l ici i � t1 �.7t� lla. NOW, THEREFORE, BE IT RESOLVED, that the Council has determined that it is in the best interests of the City and the New Hope Economic Development Authority (the "Authority") to decertify PIN 05-118-21-33-0226 at this time. NOW, THEREFORE, BE IT FURTHER RESOLVED that upon the approval and adoption of this Resolution the Council shall request the Authority to cause said Resolution to be filed with Hennepin County, the Department of Revenue and the Office of the State Auditor. Adopted by the Council of the City this 12th day of September , 2405 The motion for the adoption of the foregoing resolution was duly seconded by Council Member Sommer , and upon vote being taken thereon the following voted in favor thereof: YES: Opem, Gwi n-Lenth, Hoffe, Nolte, Sommer NO: None ABSENT: None Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by City Clerk. ayo ATTEST: City Clerk CERTIFICATION I, Valerie Leone , the duly qualified City Clerk of the City of New Hope, County of Hennepin, State of Minnesota, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2005-112 passed by the City Council on the 12th day of September , 2005, City Clerk GAWPDATAMNEW HOPEUNTMRYSOLUT:ON UrY DOC September 14, 2005 Ms. Jean 8ierbaum Taxpayer Services Department A-600 Government Center Minneapolis, MN 55487-0060 Subject: Decertification of parcel within tax increment financing district Enclosed please find resolution no. 2005-112 relating to the decertification of a parcel within TIF district no. 03-1. Action to decertify the parcel (PID 05-118-21-33-0226) was taken by the New Hope City Council on September 12, 2005. Should you have questions relating to this issue, please contact Daryl Sulander, Director of Finance, at 763-531-5131. Thank you. Sincerely, . Lv. Valerie Leone, CMC. City Clerk enc. cc: Daryl Sulander CITY OF NEW HOPE 4401 Xylon Avenue North * New Hope, Knnesota 55428.4898 * www. ci.new-hope.mn.us City Hall: 763-531-5100 * PoIice (non -emergency): 763-531-5170 * Public Works: 763-592-6777 + TDD: 763.531-5109 City Hall Fax: 763-531-5136 * PoIice Fax: 763-531-5174 * Public Works Fax: 763-592-6776 49/12/2005 15:32 FAX 763 493 5193 JENSEN & SONDRALL, P.A. [it 001 ` JENSEN & SQNDRALL, P.A. '1 0 Attorneys At Law 8325 EnMROOK CROSSING, STK. 241 BROOKLYN PARK, MINNKSOTA 55443-1968 TcLEPHONE (763) 424-8811 a TELTFAx (763) 493-5193 e-mail law@jensen-sondraU.com FAX TRANSMITTAL SHEET I Date: September 12, 2005 - Please Deliver To: NAMEIFAX NO.: Shawn Siders City of New Hope 763-531-5136 From: NAME: Clarissa M. Klug RE: in the Matter of the Petition of the New Hope EDA as to Certificate of Title Number 1136510 (Proceedings Subsequent, Tracts D, F & G, RLS No. 97) Court File No. A-32375; Our File No.: 99.11326 FHA Case No.: 271-9113012-9521255 0045123304 This transmittal contains ! I pages, including this page. PLEASE NOTIFY 1 JS IMMEDIATELY AT (763) 424-8811 IF YOU DO NOT RECEIVE THIS TRANSMITTAL PROPERLY. Shawn: The attached will hopefully convince Ms. Foster not to mage our hearing to Sep. 20. I will keep you posted. Clarissa MAY RE PRTVII.P.GRT) AND CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS DIRECTED. IF THE RECIPIENT OF THIS TRANSMITTAL IS NOT THE INTENDED RECIPIENT OR AN EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER rr TO THE INTENDED RECIPIENT, ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE RAMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. 09/12/2005 15:33 FAX 763 493 5193 JENSEN & SONDRALL, P.A. fj002 JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAx (763) 493-5193 e-mail law@jensen-sondrall.com MEMORANDUM Date. September 12, 2005 To: Kimball Foster Office of the Henn in County Examiner of Titles From: Clarissa Klug Attorney for the New Hope Economic Development Authority Re: Winnetka Redevelopment: Proceeding Subsequent to Clear Title (Tracts D, F & G, Registered Land Survey No. 97) -- Court File No. A-32375 Our File No. 99.11326 My apologies for the delay in getting back to you. This is to confirm that the Petitioner has addressed service issues for all parties listed in the Supplemental Order to Show Cause dated September 9, 2005. The first party named, Ethel Jensen, daughter of Lawrence and Andrea Peterson, signed an Assent to Proceedings Subsequent to Initial Registration on September 9, 2005. A copy is enclosed and the original is in the hands of our messenger service. The second party, Associated Industrial Loan Company, no longer appears to have any interest in Tracts D, F or G, RLS No. 97. The company at one time held three mortgages to Tract I, RLS No. 97 (which Tract includes an easement over Tracts F and G, RLS No. 97), but all have been satisfied as follows: 1. The Mortgage tiled as Doc. No. 3287901, dated rune 15, 2000 has been satisfied of record (Satisfaction of Mortgage dated November 26, 2003, Doc. No. 3883750). 2. The Mortgage filed as Doc. No. 3102459, dated December 28, 1998, has been satisfied but the satisfaction was not placed of record. We have an original satisfaction dated September 8, 2005 in hand and a copy is attached. 3. The Mortgage filed as Doc. No. 3052203, dated August 26, 1998, has been satisfied but the satisfaction was not placed of record. We have an original satisfaction dated September 8, 2005 in hand and a copy is attached. I was having trouble confirming that the third party, Keith L. Nibbe, had had a chance to sign an Assent. I gust spoke to him by telephone and he indicated that he signed an Assent in the form attached and the original is en route back to our messenger service. 09/12/2005 15:33 FAX 763 493 5193 JENSEN & SONDRALL, P.A_ IM003 The fourth parry, Cheryle A. Nibbe, signed an Assent this morning. A copy is attached and the original is in the hands of our messenger service. The notary stamp on the document is being corrected by our messenger service. c. Shawn Siders Steve Sondrall P;1AnomrACmklCllentbACNNt9gL-118261050•Memm to Baaminer's O1Gce re parsley named in Supp Order to Show CaURAtic 09/12/2005 15:33 FAX 763 493 5193 JENSEN & SONDRALL, P.A. IM004 09/].2/2005 MON 11:25 FAX 0002/003 09/09/2005 16:42 FAX 763 493 5193 JENSEN & sONDRALL, P.A. Q002 IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION A-32375 STATE OF AUNNESOTA DISTRICT COURT COUNTY OF HENNEPIN In the matter of the Petition of: Economic Development Authority in And for the City of New Hope, For a New Certificate of Title After Condemnation Proceeding and an Order showing termination of easements The undersigned: FOURTH JUDMAL DISgTRICT ASSENT TO PROCEEDINGS SUBSEQUENT To INITIAL REGISTRATION 1. Is the daughter of Lawrence, L. Peterson and Andrea L. Peterson, the owners of record ftr that certain teal estate located in the County of Hennepin, State of Minnesota and Iegally described as: Tracts D, F, and G, RLS No. 97. 2. Has reviewed the attached Order to Show Cause issued in this- proceeding on August 30, 2005 (the "Order-). 3.- Has no objection or opposition to the Economic, Development Authority in and For die City of New Hope receiving a Certificate of Title from, the County of Hennepin, with such Certificate free and clear of M easements or other encumbrances, for Tracts D, F and G. Registered Land Survey Number 97. 4. Has no objection or opposition to any other relief requested in the Order. M.11 lz�'_ 5, Will 1 09/12/2005 15:33 FAX. 763 493 5193 JENSEN & SONDEALL, P.A. [MOOS 09/12✓2005 MON 11:26 FAX Ia003/003 09/09/2005 16:42 FAX,753 493 5193 STATE OF MINNESOTA COUNTY OF HENNEP'IN JENSRN & 'SONDRALL, P.A. )ss. The foregoing iastx Mnt was w3mowledged before me this Y"" -Al day of S 2005, by Ethel Jensen. (Notarial Stamp or Seal) ■ STAGY A.STELTZNER N�i�F�• M., 9EG•AIINHESpTA :q-ftmmgmonEvWg% LAS This Instrunmut Drafted By; Jensen &-Sondrall, P.A. , 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 {763} 424-8811 IM003 i�Att�mglp�dAal�otllCl'1H44S�i332dVgbAS8�1T40 PAdCH�'UIGS 511�EQU6d'1' Sg�[J�ii�n}.doa 0 09/12/2ppri 1G:33 FAX 703 493 5193 JENSEN & SONDRALL. P.A. [moos SATISFA CM19 OF MORTGAOS By Corporadoa or Parmwship Satisf 6tion of Mortgage Data: :09�0&-45 THAT CERTAIN M08TOAGE owned by the undersigned. a Corporation ,under the laws of - Minnesota . dated _ 12-01-1998:. executed by {atm -i -H T. _ E]pscant- and LinriPs r- Descant . Fiy's nd and Wi �C m Moxtgagt, to Associates InduAtrial' i.oar: Yi ' iQOW }mown as Citifirumnci.al Services � INC!.. &&Me L changed via a�uisztion,. - _ , as Mortgagee. Sind filed for record 72-28-1998 . T� , as Dopiest Number 93.02459 (or in Book of Page ), in tri Office of the (County Rc c rder)(Acgistrar of'ntlos) of Hee jnepin County, Minnesoi.a, is, with the indebtedness thereby secured, fully paid and satimSed. C!t;i.finAncia3. a ces, Inc. By: sasistant Vice president 8y: its STATE OF MINNESOTA COUNTY Hennepin 'Me foregoingmwftw e= was acknowledged Vafore silo this ' 8t:h . day of 200 by Scott- Y08-2nex and the Aiasietar trL Vies. Presiazt 'arid of Citifinancial Sere ces, Inc,. _ . a Corpn•ration _ under tha laws of -Minnesota on behalf of the Cor oration Trus rmom sam WAs WtAFrBn By mAmE arm AoSOM: Citifiriancial services, Snc. BXGNA ON TAXWGAGW6 339 will3il D@ x5rO um.srAia oR.S�-T-(O:[oTHER7'=oRRANX) Crystal, 8 ' sew" --dV—V-VVVVVVWVWWVVVVvvvvl_ MATT R. SCHULTZ - �� E7�si® f3t$OppA •8o9696' L4N 293524,419@ 00/12/2005 15:34 FAX 763 493 5193 JENSEN & SONDRALL. P.A. IM007 3ATI8FA(7n0W OF MORTCrAGE By Carporaaon or P&rnvxship Satisfaction of Mortgage Date: 09-08-05 THAT CERTAIN MOXTGAGE owned by the undersigned, a. Corporation under the Yaws of Minnesota _ , domed 07-0_8-1998 executed by t -and -Linnen F- ngascant, Husband. and . W:Lfws Mortgagok, to !kIndusia ial Loan Cornoany, 11ow known as Citifinancial services INC. Namechangedvia acquisition. -- gas Mortgagee, and filed for record 08-26-1998 ......._ _ as Document Number 3052203 (or in Book of Page ), in the Offiob of the (County Recorder)(Registrar of *titles) of _ Hennepin County, Mimzesota, is, with the indebtedness thereby secured, fully paid and satisfied. STATE OF MINNESOTA BSA COUNTY COUNTY Hennepin by. the Citifinanci Services, Inc. By. -- 0103. amt Vice Preaic3ent By: Its The foregoing instrument was acknowledged before me this ath day of Sept embez , 200* Scott Keeney and - Assistant vita President and of Citifinancial Sesvices'_-I , a_�Cr Drat, Qn under the laws of Minnesota , on behalf of the Co ora ' on Tii18 iN$'s7LC1NI8NT WAS DRAFTED By (NAME AND ADDRESS): . Citifinancial .Selviceer Inc. s1ONATUK oFP SON TAKING ACVW0WL®G44BNT 33 Willow Bend Crystal, MN 55428 MN 28682-s 4/60 NCrrARIAL STAMP OR SHAT. (OR OTHER T'I'LE OR RANM MATT R. 80HULTZ LA A ------------ j 207696 09/12/2005 15:34 FAX 763 493 5193 JENSEN & SONDRALL, P.A. CM 008 IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION A-32375 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ]HENNEPIN In the matter of the Petition of: Economic Development Authority in And for the City of New Hope, For a New Certificate of Title After Condemnation Proceeding and an Order showing termination of easements The undersigned: FOURTH JUDICIAL DISTRICT ASSENT TO PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION 1. Owns real property located in the County of Hennepin, State of Minnesota and legally described as Tract I, Registered Land Survey Number 1026 (the "Property") 2. Acquired the Property together with an easement over Tracts F and G, Registered Land Survey Number 97. 3. Has reviewed the attached Order to Show Cause issued in this proceeding on August 30, 2005 (the "Order"). 4. Has no objection or opposition to the Economic Development Authority in and for the City of New Hope receiving a Certificate of Title from the County of Hennepin, with such Certificate free and clear of any easements or other encumbrances, for Tracts D, F and G, Registered Land Survey Number 97. 5. Has no objection or opposition to any other relief requested in the Order. KEITH L. NIBBE 1 09/12/2005 15:34 FAX 763 493 5193 JEN5EN & 50NDRALL, P.A. Q009 STATE OF MINNESOTA }ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2005, by Keith L. Nibbe. (Notarial Stamp or Seal) Notary Public This Instrument Drafted By: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 P;IAKDmL7lCmk4Cllmig\CNH199.1132OU6-ASSENT To PROCEMINCS 9UBSBQUENT (Nibbe},doc va 09/12/2005 15:34 FAX 763 493 5193 09/12/2005 BION 15.00 FAX JENSEN & SONDRALL, P.A. [A 010 IM 002/003 IN PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION A-32375 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN In the matter of the Petition of: Economic Development Authority in And for the City of New Hope, For a New Certificate of Title After Condemnation Proceeding and an Order showing termination of easements The undersigned: FOURTH JUDICIAL DIS`MCT ASSENT TO PROCEEDINGS SUBSEQUENT TO INITIAL REGISTRATION 1. Owns real property located in the County of Hennepin, State of Minnesota and legally. described as Tract I, Registered Land 'Survey Number 1026 (the "PropeTW 9). 2. Acquired the Property together with an easement over Tracts F and G, Registered Land Survey Number 97. 3. Has reviewed the attached Order to Show Cause issued in this proceeding on .August 30, '2005 (the "Order"). 4. Has no objection or opposition to the Economic Development Authority in and for the City of New Hope receiving a Certificate of Title from the County of Hennepin, with such Certificate free and clear of any easements or other encumbrances, far Tracts D, F and G, Registered Land Survey Number 97. 5. Has no objection or opposition to any other relief requested in the Order. CHERYLE A. NIBBE 011, • 1Vr I 09/12/2005 15:34 FAX 763 493 5193 JENSEN & SONDRALL, P.A. Imo11 09/12/2005 XON 13:00 FAX, CSI003/003 STATE OF MINNESOTA COUNTY OF HENNEP]N The foregoing instrument was acknowledged before me this � day of e R -t- 2005, by Cheryle A. Nibbe. (Notarial Stamp or Seal) EOPFAFf-tISERMAN ,;:,. ' i0"46—MINNESOTA ' YgCaRioll�iop6pnnaan.a:.sc:a V +l 1AAM1•_ _ This InsMm=t Drafted By: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park; MAT 55443 (763) -424-8811 P,VkmxpgACmK0JmWuWW11=03s, MBNT TO "MCE ofNGS SURMQUEM (c he[yteNl i".dw 2 COUNCIL I:1RFA IPLANNING \Livable Communities l4-Winnetka Green Project Update 10-10-05.doc Request for Action Originating Department Approved for Agenda Agenda Section Community Development October 10, 2005 Development & Planning Item No. By: Kirk McDonald, CD Director By; Kim Green, CD Assistant 8.4 Discussion of Winnetka Green project issues (improvement project no. 751) Requested Action Staff requests that the Council review the proposed design and estimate for a fence and gate across the emergency access from the Sumter Avenue cul-de-sac to the Winnetka Green development. Staff also requests that the Council review the cost estimate associated with the proposed relocation of the utility pole and transformer and direct staff on this item. A Project Bulletin was sent to all residents in and adjacent to the Winnetka Green development indicating that the Council will be discussing the gate/fence at tonight's meeting and inviting residents to attend to provide input (see attached). Policy/Past Practice Staff often updates the City Council on redevelopment projects and seeks direction on resolving redevelopment project related issues. Background City staff and consultants have been working closely with representatives from Kyland Homes to address several concerns of property owners adjacent to the Winnetka Green redevelopment project. On September 12, the Council reviewed the following items: a) Sumter Avenue cul-de-sac construction and the maple tree at 5510 Sumter Avenue b) Location of the transformer at the end of the cul-de-sac. c) Location of the retaining wall at the end of Sumter Avenue. d) Proposed installation of a gate across the emergency access at the end of Sumter Avenue. e) Building a retaining wall along the rear lot line of 7624 and 7700 55f Avenue. Motion by Second by To: J . f 7`7AA P I:1RFA IPLANNING \Livable Communities l4-Winnetka Green Project Update 10-10-05.doc Request for Action, Page 2 October 10, 2005 f) Fencing behind 5509 and 5501 Sumter Avenue. g) Improvements at the low storm water area at 55f and Sumter Avenues: plant restoration, removal of silt fence, and blocking the depressions under the Winnetka Green fence. h) Grading in the rear yard at 5501 Sumter Avenue. All of the above items have been resolved, with the exception of the selection of materials and design of the fence/gate across the emergency access and the proposed relocation of the utility pole and transformer. The retaining wall at the north end of the Sumter Avenue cul-de-sac has been relocated so that the required 20 - foot -wide emergency access can be property installed. The Council voted to install a gate at the September 12 council meeting. The Council directed staff to obtain design options and cost estimates for a gate. The city engineer met with the developer's fencing company, Minnesota Vinyl & Aluminum Systems's Inc. The company proposed a heavy duty steel fence with a double swinging gate. The gate would have a vinyl privacy fence attached on the southern facing side, which would match the existing privacy fence around the development. The preliminary quote is for $4,830 (see attached quote). Based on a follow-up conversation with representatives from Minnesota Vinyl, a standard (non- coated) chain link gate across the driveway would be about $1,000 less that the above quote — or approximately $3,830. A vinyl coated chain link gate would be about $100-300 more than a non -coated gate, for a total of $3,930-4,130. Estimates for Bate across emereencv access Type Estimate Steel with vinyl privacy fence on south side $4,830 TTyl coated chain link gate $3,930-4,130 Chain link gate (non -coated) $3,830 The Council also directed staff to obtain an estimate of the cost of relocating of the utility pole and transformer, which is located about one foot north of the Sumter Avenue cul-de-sac. It was suggested that the pole should be relocated for aesthetic and safety reasons, and that the transformer should be mounted on the ground to improve the visual appearance in the area. Xcel energy has indicated that the city must pay a design charge of $2,500 before the company will evaluate the pole and transformer and design an alternative location. An acceptable relocated site of the utility pole will be determined at that time, and it is likely that the transformer can be relocated to the ground. The $2,500 design charge is non-refundable, but will be put toward the cost of the project if the city chooses to move forward. Representatives from Xcel have suggested that the total cost of relocating the pole and transformer might be close to $10,000 to $12,000; however, because of multiple variables the actual quote could vary. Funding The developer has agreed to pay for the extension of the privacy fence to the emergency access. Staff anticipates that the city would pay for the gate across the access. Similarly, if the Council determines to move forward with the relocation of the transformer and utility pole, staff anticipates that the city would need to fund these improvements. I:1RFA \PLANNING\Livable Communities\Q-Winnetka Green Project Update 10-10-05.doc Request for Action, Page 3 October 10, 2005 Next Steps After the Council selects a fence/gate design, staff will work with the developer to complete the installation in accordance with the safety standards described by West Metro Fire and the city's Building Official. If the Council approves of Xcel's $2,500 design charge, then staff will work with representatives of Xcel to obtain a quote and design and will present the information to the Council at a future meeting. Attachments Winnetka Green Project Bulletin Estimate for fence/gate 1:\ RFA\ PLANNING\ Livable Communities\Q-Winnetka Green Project Update 10-10-05.doc o Project Bulletin: Winnetka Green PROJECT NO. 751 Bulletin #7 The construction of 175 town homes and condominiums at Winnetka Green is nearly complete. Over the past several months, the city has been working with the developer and adjacent residents to address development related concerns. At its September 12 meeting, the majority of the City Council voted to install a gate or fence across the emergency access at the north end of the newly constructed Sumter Avenue cul-de-sac, which is near the intersection of 55th and Sumter avenues. The gate/fence will eliminate pedestrian and bicycle traffic between the Winnetka Green development and the Sumter Avenue cul-de-sac. The Council will discuss the design and materials of the gate/fence at its regularly scheduled City Council meeting on Monday, October 10. The Council invites all members of the community to attend the meeting and provide brief comments. The meeting starts at 7:00 p.m.; however, the gate discussion will likely not occur until after 8 p.m. It has also been brought to the city's attention that some new residents are not receiving the local weekly newspaper, the Sun Post. The Sun Post often covers city projects and offers community information that may be of value to residents. If you are a New Hope resident you can subscribe by calling the Sun Post at 952-392-6860. The newspaper will be delivered to your doorstep free of charge. City Contacts For general information on redevelopment, please contact Kim Green, community development assistant, at 763-531-5196 or kgreen@ci.new-hope.mn.us. If you have questions on construction related matters regarding this project, please contact Jason Quisberg, project engineer, at 651-604- 4938. The city appreciates the cooperation of all residents and businesses in the area that may be impacted by redevelopment. Thank you for your cooperation. City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 www. ci.new-hope-minus 10/0512005 mm" mmommoml ,me+ism= m ml MARYLAND AVE N L mi YUKON AVE N XYLON „AVE'N sa WISCONSIN AVE N z 0 rri H( A SUMTER AVE N HODE ISLAND AVE N 1,q lr,-, PENNSYLVANIA AVE N Ln 0 OREGON WE - NEVADA AVE N NEVADA AVE N ARYLAND AVE N AAAZyl Amr,AVC AI w f AVE N II co c— o 1., 1 I - YUKON AVE N nTFT Z ELI " H" I XYLON AVE N O0 zi mm" mmommoml ,me+ism= m ml MARYLAND AVE N L mi YUKON AVE N XYLON „AVE'N sa WISCONSIN AVE N z 0 rri H( A SUMTER AVE N HODE ISLAND AVE N 1,q lr,-, PENNSYLVANIA AVE N Ln 0 OREGON WE - NEVADA AVE N NEVADA AVE N ARYLAND AVE N AAAZyl Amr,AVC AI w f AVE N II co 1,41? ��.�se '� to Vinyl `yl -&. Alumi u 1.�. ysta i 's, Inc. 12820 Emery Way Shakopee, MN 55379 -Phone: (952) 403-0805 -Fax: (952) 403-0822 Preliminary Quotation DATE: September 30, 2005 PROPOSAL NAME: Winnetka - Sumter Gate TO: Bonestroo, Rosene, Anderlik & Associates 2335 West Highway 36 St. Paul, MN 55133 Jason Quisberg (651) 604-4938 JOB NAME / LOC: Winnetka Green Town home Community - New Hope, MN At the junction of Sumter Ave. & Winnetka Green Town homes. GEN. DESCRIPTION: 2 Heavy Duty Steel, I V Double swing Gate Frames with a Vinyl Privacy Fence attached to there south face. Fence will match existing fence on the property. Fence is to swing northward into the Town home Community. Actual gate size & locking mechanism is yet to be determined COLOR: Galvanized steel frame & Monterey Sand Vinyl Fence. ESTIMATION: $4,830.00 (Four thousand eight hundred thirty dollars and oo/cents) This bid includes all materials, shipping, taxes and installation for job described above. Terms: Net 30 days upon completion. All material is guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from above specifications involving additional costs will be executed only upon written orders, and will become an extra charge over and above this estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. MVAS Authorized Signature . Date: Brad Anderson / V.P This proposal will be guaranteed for 90 days from the above date. COUNCIL f. Request for Action Originating Department Approved for Agenda Agenda Section Community Development ovember 14, 2005 Development & Planning Item No. By: Kirk McDonald, CD Director By: r. 8.3 Kim Green, CD Assistant Winnetka Green leasing restrictions (improvement project no. 751) Requested Action Pursuant to the request of the City Council at the October 24, 2005 Council meeting, staff requests to present information related to leasing restrictions at the Winnetka Green development and to receive direction from the Council on this topic. Policy/Past Practice Staff often updates the Council on the status of items related to redevelopment projects in the city and requests feedback. Background Throughout the length of the Winnetka Careen redevelopment project, city staff and consultants have worked closely with representatives from Ryland Homes to address any concerns that are identified by the City Council or members of the New Hope community. Recently, some residents and members of the Council have had questions about leasing restrictions at Winnetka Green. In response, the city attorney has prepared a letter, which describes his legal opinion on the city's ability to require the developer or the homeowners association (HOA) to impose rental restrictions on Winnetka Green home owners (see attached). The issue of rental restrictions was addressed during the negotiation of the development agreement with the developer, Ryland Homes. City records show that the sample homeowner master association documents provided to the Planning Commission on March 2, 2004 limited leasing to ten percent of the units in the development; however, this restriction was not included in the Winnetka Green documents (see attached meeting minutes). Instead, records indicate that the rental restriction discussed by the City Council was the Motion by ,jWJ4 J Second by To: J J-- I:\RFA\PLANNINGLivable Communities lQ-Winnetka Green-- Update on Leasing Requirements 11-14-05.doc Request for Action, Page 2 November 14, 2005 requirement that all leases have a minimum term of one year. At the request of the city, this language was incorporated into the Winnetka Green master HOA documents. According to Mark Sonstegard of Ryland Homes, the company has a standard policy that only ten percent of the homes within a development can be sold to buyers identified as investors. According to the company's sales records, 15 of the 175 homes within Winnetka Green (nine percent) were sold to investors (see attached letter from Sonstegard). However, Ryland Homes, the Winnetka Green management company, and the city are aware that there are additional units being leased at this time. The homeowners association requires that an owner register with the association before leasing a unit (see attached excerpt from master documents). According to the management company, 27 units are registered as leased properties. City and county records suggest that up to 33 units (19 percent) are leased. City staff is working with the County and the HOA management company to verify this information. The Director of Finance recently met with the Hennepin County Assessor regarding New Hope properties and homesteading was briefly discussed. Hennepin County monitors homestead applications and works with the Department of Revenue at the state level on the review of homestead classifications. Information provided by Ryland Homes indicates that the average sales price of homes in Winnetka Green was $225,217, with unit sales ranging from $180,000 to $290,000. In comparison, information provided by Kathy Buggy, wife of Planning Commissioner Tim Buggy, estimates that the average sales price for a housing unit in New Hope in 2004 (including single-family detached, condos, town homes, and twin homes sales) was $209,819 (see attached email). Additional information provided by Planning Commissioner Bill Oelkers, a certified realtor, indicates that for the 248 single-family homes sold in 2004 in New Hope, the average sales price was $222,803, with sales prices ranging from $134,000 to $327,650 (see attached). While there may be some concern about leased properties at Winnetka Green, the sales information indicates that the value of the average unit in the Winnetka Green development is $15,398 higher than the value of the average housing unit and $2,414 higher than the value of the average single-family home in New Hope. Next steps As described in a letter from Mark Sonstegard, Land Development Manger at Ryland Homes, the next Winnetka Green homeowner association meeting is scheduled for November 30, 2005. The meeting will be held at Hosterman school, located across Winnetka Avenue from the Winnetka Green development. Notification of the meeting will be sent to the home address of all owners of units within the development. At that meeting, Ryland will request that the HOA consider adding one of several options for restricting future leasing within the development to the master HOA documents. According to the City Attorney, per section 16.3 of the master HOA documents, it seems that the city could insist that rental restrictions are added to the HOA documents limiting rental to ten percent of the total units, or 17 units. If restrictions are desired by the Council, the City Attorney recommends requesting that the HOA limit rental to the current percentage, which is 19 percent of the total units, or33 units. Staff requests that the Council discuss this item and direct staff as to how to proceed. Request for Action, Page 3 November 14, 2005 Attachments • Letter from the city attorney • Excerpts from city records • Letter from Mark Sonstegard, Land Development Manager, Ryland Homes • List of investment properties • Excerpts from Winnetka Green Homeowner Master Association Documents regarding leasing • New Hope average sales information (from Buggy and Oelkers) DOUGLAS J. DEBNER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAcy A. WOODS OF COUNSEL LORENs Q.BRYNESTAD Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDI NBROOK CROSSING, STE. 201 BRooiKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail law@jensen-sondrall.com November 7, 2005 VIA E-MAIL TO kmcdonald@,ci-new-hoye.mn.us AND BY REGULAR U.S. MAIL Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Winnetka Green/Ryland Leasing Restrictions Our File No.: 99.20401 Dear Kirk: You asked me to review the rental restrictions contained in the Winnetka Green Homeowners Association documents. Based on my review, I have the following comments: Paragraph 8.5 of the Homeowner Master Association Declaration contains the applicable restrictions on leasing units. Basically, it requires all leases to a) be in writing, b) contain a minimum one year term, c) prohibit subletting, d) that units may not be used for transient purposes, e) that leases are subject to all association rules and f) that leases are subject to the regulations by the Master Association which by definition is the board of directors of the homeowners association. 2. The Declaration does not contain a 10% limit or any limit on the number of units that can be leased by owner/investors. However, per section 8.5 lessees must comply with all association rules and all owners of leased units shall be responsible for their lessees' compliance with said rules. Also, owner/investors must indemnify, defend and hold harmless the board of directors and the Master Association for the actions of their lessees. 3. However, Ryland did represent to the City it was their corporate policy to limit to 10% sales within their developments to owner/investors. It is my understanding Ryland complied with this policy despite the fact it now appears possibly 19% of the units are rentals. 4. In "Section 3, Association Structure, Authority and Membership" the Master Association is given broad authority to manage the development. The Association could limit the number of rentals within the development without a change in the Declaration if the Association could establish said limitation was necessary to "preserve and enhance the architectural and environmental character and value of the development" (see 3.1 Formation and Purpose). Under 3.10 the Association also can adopt and implement rules it deems necessary to carry out the affairs of the development. However, an amendment to the Declaration would be better to promote this purpose if the Association felt a limitation on the number of rental units within the development was necessary to preserve the development's value. November 7, 2005 Page 2 This is unlike a typical rental situation however. Investor/owners renting their units are not in control of the maintenance of the development or common areas. Investor/owners are still required to pay association dues. More importantly, they are still subject to all assessments for the upkeep of the common areas (see section 6 "Assessments For Common Areas"). Further, they are subject to Architectural and Landscape Standards (see Section 9) and their noncompliance with all rules and regulations of the development are enforceable by fines and liens against their units (see Section16). In this regard, upkeep of their units can be enforced against investor/owners by the Association. It is my opinion the Association can impose a limit on the percentage of units that can be rented. Per Ryland's November P letter, we would recommend option 1 at this time, unless there is some real concern for the decrease in property values resulting from the rental percentage level currently experienced at the development,. It is my opinion the City could insist on a limitation of rentals in the development since it was our understanding with Ryland, the Master Declarant, that investor owned units would be held or limited to 10% of the total units. The City has the authority to enforce use restrictions per Section 16.3 of the Declaration. Therefore, it is certainly reasonable to limit the current use of the units to 19% rental. Please contact me if you have any further questions or comments concerning this issue. Very truly yours, Steven A. Sondrall JENSEN & SONDRALL, P.A. sas@jensen-sondrall.com Direct Dial- (763)201-0211 PAAuomey1SA511 Client Filesl2 City of New Hope599-1001 l(camnunilydevelopmmt general)lltr K McDonald Winnetka Green lease restrictions.doc 04/06/2005 12:36 FAI 9522266024 RYLAND HOMES [a 048 contained in this Master Declaration or to enforce performance by the Master Declarant, the .........: Master Association or others. • 16.3. Specific Rights .Enforceable by the City and A,rthSubject to Section 16.4, the City • and/or the Authority, each at its own option and irk its own sole discretion, may enforce for the benefit of itself the specific provisions of Section 5 (Easements), Section 7 (Maintenance of Development), Section 8 (Use Restrictions), and Section 9 (Architectratal and Landscape Standards) of this Master Declaration. 16.4. Notice and procedure. hi the event the Master Declarant and/or the Master Association fail to perform any obligation referred to in Section 16.3 above, the City and/or the Authority may, after twenty (20) days written notice to the Master Declarant, and/or the President or Secretary of the Master Association, perform suoh obligations (directly or with contract personnel or personnel of the City or the Authority), Notwithstanding the foregoing language, the City and/or the Authority shall be entitled in the event of an emergency to perform any obligation referred to in Section 16.3 without prior notice to the Master Declarant and/or the President or Secretary of the Master Association. The Master Declarant, the Master Association and all Owzaers hereby waive all notice recluir ments except as heroinabove provided and further waive all procedural and other objections to action taken by the City aud/or the Authority in connection with exercise of its or their specific rights referenced in paragraph, 16.3 above. 16.5. R=ent for City Maintenance The Master Association, Master Declarant and Owners shall reimburse, on demand, the City, the Authority, or their Authorized Designee, for the cost of any Master Declarants Master Association or Owner obligations undertaken by the City, the Authority or the Authorized Designee pursuant to this Section. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner, enforceable in any manner available to the City or the Authority under law, provided that enforcement of any payraaerkt due to an Authorized Desip= may be pursued only by the City or the Authority on behalf of the Authorized Designee, 16.6. Right to Assess. In addition to the right of collection as stated in Section 16.5 above, the City or the Authority may, in any assessment year, levy against the Units an assessment for all costs and expewas incurred by the City, the Authority or an Authorized Designee pursuant to this Sectiou. Tho assessment shall be prorated among all Units and stall be enforceable by the City or the Authority in the same manner as provided in Section 6 (Assessments for Common Expenses) of this Master Declaration, 16.7. Exclusive Rights. The rights granted by this Section are exclusive to the City, the Authority and, as applicable, their Authorized Designees, and may be exercised only by the City, the Authority and, as applicable, their Authorized Designees, each in its or their sale discretion. No other person or entity, including the Master Assoc iatiou, the Master Declarant, or Owners, whether or not a resident of New Hope, shall be entitled :o request or require the City, the Authority or their Authorized Designees to act pursuant to this Section. The rights of the City, the Authority and their Authorized Designees under this Section cannot be rescinded, c=celled -42- 10 2, /�o 4 P �C�rl ru r Ci►r1- The perimeter of the site abutting private property will be screened with a 6' white vinyl privacy fence. 9. Li htin The applicant is proposing two types of exterior light fixtures to illuminate the streets and private drives. The lighted bollard is proposed along the sidewalk along the pond. This type of light is to keep light levels manageable, but to avoid glare from intruding onto the single family homes to the east. The second light fixture is titled Traditional -Old Favorite. This fixture is a lantern design and the luminary will be visible to adjoining properties. This light fixture will be 18 feet high. These light fixtures have been located along Street A generally between buildings. As such, they will be visible to the adjoining single-family neighborhood. To avoid issues related to nuisance lighting, we would recommend a light fixture that is hooded to screen the luminary and direct downward to avoid glare. 10. Accessory Equipment Sheet 9 of 10 illustrates locations of street signs, address signs and mailboxes. These locations are acceptable. 11. Buildings The applicant has provided front building elevations and typical floor plans for both urban townhomes and Heritage condominiums. In review of building plans, we raise the following issues: 1. We would request color elevation of the back of the structure to illustrate how the gas meters, electrical meters and air conditioning units are integrated into the design of the building. 2. Downspouts directed to the driveways present issues related to water freezing on the driveway and downspout damage related to snow removal. This issue will require attention. 3. As noted earlier in this report, we request an illustration of proposed Heritage condominium garages with cars parked inside. :12. Homeowners' Association Documents A sample copy of homeowners' association documents for the townhome, condominium and . , master association were submitted with the plans and the table of contents and pertinent information is enclosed as an attachment. Some of the issues addressed in the documents include: restrictions on use of property - - d parking, rubbish, etc.) maintenance, and rules and regulations (architectural modifications, patios and decks, lights, etc.). The documents have been referred to the city attorney for review and the city attorney finds them in compliance. with the statutes, but does recommend several minor modifications (refer to city attorney correspondence). A complete copy of the documents is available for review at city hall. 13. Street Vacation To facilitate the replatting of Winnetka Green subdivision, approximately 395 feet of Sumter Avenue must be vacated. This vacation serves the following objectives: 1. Eliminates an unsafe intersection at Bass Lake Road. 2. Provides buildable land area for the project. 3. Disconnects the Winnetka Green townhome from the single family homes to the south. Planning Case Report 04-01 Page 22 2127104 4 r a v i Cit rL�l � .� U�111111 a� 4 { I h --Sample_ _ Homeowners Association i �. Documents° I ; ornnetka'.Ar:een3 -} }1 a� Based on Riverside: Grove L y "' �BP Homeowners -Association Documents: r x HOMEOWNER 1VIASTERASSOCIATION-;��51. K - 1 C NDOlVlTl\TI k�Y L x F,i IU � . � L a a .. ASSOCIATIO x: _ iry DISCLOSURE STATEMENT':.= ri w ASSOCIATION DOCtTI UNT—S ---,'XV41 i M r r ire ^i u 8.1 RY11ANDHOMES X '.� Person acquiring or owning an interest in the Property, their heirs, personal representative, successors and assigns. 6.2. Subdivision Prohibited. Except as permitted by the Act, and Section 16 of this Townhome Declaration, no Unit may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 6.3. Residential Use. The Units shall be used exclusively for private, single family residential purposes; except that Declarant shall be entitled to maintain model units and other sales facilities within an Unit owned by it. No Unit may be used for transient, hotel, commercial business, professional or other non-residential purposes, except as provided for in Section 6.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than thirty (30) days, or which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. In addition, leasing of Units shall be subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit maybe subleased, (iii) that all leases shall be is writing, (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules, and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease, and (v) that except in the case of emergency or endangerment to public 14 11 6.4. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit visible from the exterior, are m compliance with all governmental laws, ordinances and regulations, and do not involve any observable business activity such as signs, advertising displays, bulk mailings, regular deliveries, or pedestrian or vehicular traffic to and from the Unit by customers or employees, (ii) the Townhome Association or the Master Association may maintain offices on the Property for management and related purposes, and (iii) Declarant may maintain offices, sales facilities and other business facilities on the Property in connection with the exercise of its special Declarant rights under this Townhome Declaration or the Master Declaration. 6.5. Leasing. No afore than ten percent (10%) of the Units at any given time shall be : • • : • leased to non -Owner Occupants. Any Owner intending to lease his or her Unit shall first obtain the prior written .. ......... • permission of the Master Board. The Master Board withhold its permission to lease a Unit unless the Master Board's records show that such lease would result in more than tea percent (I4%) of the Units being leased to non -Owner Occupants or unless the Owner's right to lease a Unit has been suspended or terminated as hereimfier provided. In addition, leasing of Units shall be subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit maybe subleased, (iii) that all leases shall be is writing, (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules, and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease, and (v) that except in the case of emergency or endangerment to public 14 11 health and safety, the Townhome Association may require. that all communications with the Townhome Board and the management agent regarding a Unit or the Development be made by and through the Owner rather than the lessee, despite any provisions to the contrary in the lease. In addition, the Townhome Association may propose and the Master Association may impose such reasonable Townhome Rules approved by the Master Association, as may be necessary to implement procedures for thrvboag of Units and the enforcement of restrictions thereon consistent with this Section. and the Master Rules. The Master Board shall establish. such rules, regulations and procedures as are -necessary to implement and enforce this restriction. Enforcement measures may include the imposition of fines or penalties against any Owner who intentionally violates this provision, maintenance of an action to terminate the lease and remove the tenant, and/or any other remedy afforded under the terms of the Governing Documents. 6.6. E ��. Driveways within the CIC shall be used only for parking of vehicles owned or leased by Owners, Occupants and their guests, and such other incidental uses as may be authorized in writing by the Master Association. No trailers, boats, buses, motor homes, campers, snowmobiles or other type of recreational vehicle shall be parked outside a garage more than seventy-two (72) consecutive hours within a two (2) week period. No abandoned motor vehicles shall be permitted to remain upon the driveways of the CIC. The use of driveways, private streets, and other parking areas within the Development, and the type of vehicles and personal property permitted thereon, shall be subject to further regulation by the Master Association, including without limitation, the right of the Master Association to tow vehicles parked illegally or in violation of the Rules or to remove unauthorized personal property. 6.7. Pets. No pets shall be- permitted to be kept on the Pr b Owner or � oP�Y Y any Occupant, except conventional domesticated animals of a type normally kept as pets in residential areas. No kennel, dog house or outside run shall be constructed or maintained on the Property. No animal shall be kept for any commercial purpose nor shall. animals be bred for a comme=.'al purpose upon the Property. Any pet, whenever outside of a Unit, must be kept under the direct control of the pet owner or another person able to control the pet. The person in charge of the pet must clean up after it and is responsible for any damage done by the pet. The Master Board may adopt more specific rules and Penalties not inconsistent with the foregoing, and may make all or specified portions of. the Common Areas off limits to pets. 6.8. 'Antennas Except with the prior written approval of the A.C.C., no exterior television, radio, satellite, or microwave antenna of any sort shall be erected or maintained upon the exterior of a Unit, except (i) an antenna one (1) meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video programming services, or (ii) any antenna for receiving television broadcast signals, subject to government regulations regarding masts and other related equipment. Additionally, no wires for the operation of this equipment will be visible on the exterior of the Unit. The antenna shall be installed so as to minimize its visibility from other 15 Selling 1. Prior to listing their unit for sale, owners must notify the Association. 2. "For Sale" signs or other advertising or window displays shall not be placed anywhere on the property without approval of the Board 3. Open houses may only be held on Saturdays or Sundays from 9:00 A.M. thru 6:00 P.M. Open house signs will be allowed during the hours of the open house (one in front of the home and one at each main entrance to the community). Signs must be removed by 6:30 P.M 4. Lack boxes may only be located on the garage door or front door of the respective unit for sale. Lock boxes must be coated with a protective soft covering. 5. Owners must provide the Condominium Documents, and Rules and Regulations with a potential buyer prior to entering into a purchase agreement 6. Minnesota Statutes require sellers to obtain a copy of a Disclosure Statement including the amount of any unpaid assessments or other charges due and owing the Association. Statements must be obtained from The Community Association Group and require a ten day notice and ee to be paid by the seller. An additional fee will be required of the payment of a processing f seller when a statement is requested with less than a ten day notice. Wising •1. Homes may not be leased for a period of less than one year, absent prior written consent of ... • -the'B oard of Directors. 2. "For Rent" or "For Lease" signs or other advertising or window displays shall not be placed anywhere on the property. 3. A fee of $100 will be assessed for each issue the association must deal with relating to any renter or iiia unit and the owner. It shall be the owner's responsibility not the association to prevent or address ail renter or tenant related issues and disturbances. Owners are liable and responsible for the conduct of their renters at all times. 4. Owners must provide the address and phone number of their off-site residence if they are renting out their home within the community and also.provide the name of each occupant or renter within any unit/home. A fine will be assessed to any owner failing to provide such information. 5. Owners must provide a potential tenant with a copy of these Rules and Regulations for review prior to entering into a lease. Owners must include a paragraph in their lease informing the tenant of the Association's authority to enforce the Documents, By -Laws, and Rules and Regulations. 6. Owners shall advise all renters to obtain a tenant homeowner insurance policy also known as an H03 policy. A certificate of insurance shall be provided to the Homeowners' Association. Owners are advised to maintain their own insurance on the respective property. 05.01.03 4 0 7. Request for service from tenants of owners shall be directed only to the landlord The Association and/or The Community Association Group small have no responsibility or liability to respond to guest, occupant or tenant requests. S. Owners are responsible for tenant compliance with the Community Documents including the rules and regulations. Lease Agreements shall provide that the renters of the lease mast be subject in all respects to the provisions of the Governing Documents of the community and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. Fines for violations are the responsibility of the owner and will be added to the owner's account. 9. A move in/out fee of $200.00 must be paid to the Association, prior to any move into or out of the property. This is to compensate the Association for additional wear and tear'to the common property. If the Association is not notified of a move and/or the fee not paid in advance, the owner will be fined an additional $100 by the Association. Architectural Changes and Modifications 1. Alterations or additions (INCLUDING INSTALLATION OF SATELPFE DISHES) to any of the Common Elements or Limited Common Elements shall not be made by a resident without R or written approval of the Association. Owners must first obtain any necessary City approval before submitting a request to the Board of Directors. 2. A "Request for Change" must be accompanied by plans and specifications prepared at the expense of the owner. However, consent of the Board is not required to replace or restore windows, screens, doors, screen doors, storm doors and garage doors to the oriein color/style and condition or, to install solar film on windows as long as the film is non -reflective. All changes to original specification (including storm doors) are subject to the Architectural Control Committee to maintain architectural integrity in the complex. Changes made without the approval of the Board of Directors may be subject to fine, removal and/or restoration at the expense of the homeowner. Letters should be addressed to the Board, % The Community Association Group. 3. Any construction must meet all safety standards and all changes to the exterior of units must be approved prior to construction or such additions will be removed at owner's expense. 4. Owners failing to comply with any satellite dish installation guidelines may be required to re -locate the dish and be subject to a fine and serving fee along with all restrictions set forth in the association documents. Any other antennas, wiring or cable may not be visible from the exterior of the building. All wires and cable shall be hidden whenever possible. 5. Air conditioners and fans may not be installed in windows. Central air conditioning units must be installed at locations provided, upon approval of the Association. 6. Residents shall not place items such as lawn ornaments, bird feederstbaths, windmills, clotheslines, swing sets, wading pools, etc., on the common property of the Association at any time. 7. Signs, advertisements or notices shall not be displayed by a resident on the building, grounds, interior or exterior of a unit. 05.01.03 7 that residents would not be happy with the reduced setback and staff was now suggesting that 30-foot setbacks are appropriate. He stated that the task force proposed up to 40 less townhomes with higher sales prices than what is being proposed. He stated the financial consultant had stated at one time that the numbers would work. Mr. Drenth stated that there was no berm shown on the plans and he stated that the low point in his yard was approximately 30 feet below the top of the condominium. The Comprehensive Plan called for lower density in this area and wondered how this plan conforms. He mentioned the market values of surrounding homes and sales prices of the existing homes, as well ' as the sales prices of the units. He wondered what study was completed that showed the difference in property values before and after a development was constructed. He felt the information given to the task force was flawed. He suggested regulations be included in the homeowners' P- #M§WtWW rules that units needed to be owner occupied or at least a certain percentage of the units. He stated he researched sales prices in the Camden area and found the minimum to be $150,000, the same as what is proposed for New Hope. The city is proposing homes as low as $150,000. There is a low-priced townhome development in Brooklyn Park, and he said someone threatened him when he was visiting someone there. He feels this development will be unsafe in a few years. The Circle Pines development base prices start at $40,000 more than this development. Mr. Jim Pearson, 5429 Sumter Avenue, has lived in the city since 1955 and has seen lots of changes. He stated he does not like this change. Change should not be difficult. He informed the Commission he was a member of the task force and this design is not what was recommended. The task force did not want the road where it is located now so properties would have a road at the front and rear of the property. He felt there was the potential of hundreds of cars per day traveling on the road, which would lead to noise and air pollution and loss of privacy. The original design was for the road to go down the middle of the development and the pond to be located in a different area. He felt the drainage did not naturally go to the point where the pond is to be located. He suggested that the fence should be as tall as possible and located on top of a berm. If that did not happen, he would be selling his home. Mr. Ernie Opheim, 5501 Sumter Avenue, felt that it was ridiculous to hold this meeting during the precinct caucuses. He stated that the drainage collected near the vacant lot between 5443 and 5501 Sumter Avenue. He said he moved to New Hope 30 years ago and purchased his home on Sumter Avenue because it was a quiet neighborhood with some separation to a major street. He felt constructing 175 units on property that had housed 34 structures could not be justified. If the fence would be constructed at the maximum height, he thought he would never see the sun set again. No one else in the audience wished -to address the Commission, and the public hearing was closed. Motion by Commissioner 5vendsen, seconded by Commissioner Oelkers, to close the Public Hearing on Planning Case 04-01. All voted in favor. Motion carried. Commissioner Hemken questioned what would be done with the bump -out property and whether something could be worked out with the residents of the two affected properties. Mr. Enger responded that if the city wanted to resolve the situation prior to the conveyance of the land to Ryland, it would be acceptable to them.' If that portion would be conveyed to Ryland, the property would be landscaped and irrigated. He stated that Ryland had agreed with the neighbor to move the fence back from the property line by 20 feet and the would maintain that area. The people that would buy the units with the idea of having a larger back yard may pay a higher price for that privilege, Planning Commission Meeting 10 March 2, 2004 that incorporated individual, consultant reports. Brixius asked that, if the E Planning Corrii fission were to recormmend approval, that it consider several additional elements gathered from public testimony: 8) Ryland to integrate its fence with fences of adjacent properties, 9) removal of snow storage at end of Drives H and I and coordinate this with the grading pian, 10).explore rental b+� restrictions, 11) investigate the sale of property to adjacent residents to the south prior to conveyance to Ryland, 12) additional shrubs around air conditioners and utility transformers; and 13) double planting along Street A and provide optional planting off site with the permission of the property owner. Mr. Sondrall felt that the condition to add plantings off site should not be a condition of approval. It could be investigated and considered by Ryland to be a good neighbor. Brixius interjected that the spacing of the plantings along the fence were 40 feet, and if the plantings were doubled that spacing would be at 20 -foot intervals. Flexibility could be given to Ryland if they wanted to move the plantings to the other side of the fence. Mr. Enger reiterated that the staff report suggested an eight -foot high fence. The fence manufacturer had indicated that the fence could be six feet plus 16 inches and possibly a berm could be added. These are for sale homes, and he hoped that the city would not put a restriction on the units that if the owner was transferred out of town that he could not'E - the property. C,Y�n►- Commissioner Svendsen stated that he was on the livable Communities Task Force and went through all of the different designs and concepts that the task force desired. He was a proponent of having a lot of single family housing on the south end of the project. After listening to the financial consultant, single family was not feasible. One concept of the task force was senior apartments on the northwest comer of the project. This proposed plan was a lot more aesthetically pleasing. Street A along Sumter seemed to be a better solution than having the tall townhomes adjacent to the back yards. He felt the traffic count would not be as significant as Imagined. Commissioner Oelkers stated that he was a realtor and had sold three houses in New Hope in the last 90 days that were very similar to properties adjacent to this development. None of the homes sold for more than $200,000 and they all had 20 to 30 showings, which indicated that buyers were not willing to pay over that dollar amount. His experience suggested that townhome developments were good neighbors. They are always painted, mowed, green, and are an asset to a community. MOTION Motion by Commissioner Svendsen, seconded by Commissioner Hemken, Item 4.1 to approve Planning Case 04-01, Request for platting of properties, rezoning, and conceptldevelopment stage planned unit development, 5340-5550 Winnetka Avenue (east side of road), 7601-7809 Bass Lake Road (south side of road), 5519-5559 Sumter Avenue (both sides of road), Ryland Homes, Petitioners, subject to the following findings and conditions: Winnetka East and Winnetka Green preliminary plats, subject to the following conditions: 1. Planning Commission agrees to waive review of the final plat. 2. Comply with city engineer plat recommendations. 3. Address Hennepin County issues before final plat is processed for approval by City Council. PUD rezoning and conceptldevelopment stage PUD plans, subject to the following conditions: 1. Enter into a PUDISlte Improvement Agreement with the city and Planning Commission Meeting 15 March 2, 2004 since 1989. The appointment of W. Andersen to the Council creates a vacancy on the Personnel Board. Councilmember Collier announced that he did not participate in the interview or selection process and will abstain from voting on the item. RESOLUTION 04-57 Councilmember Sommer introduced the following resolution and moved its Item 11.1 adoption: "RESOLUTION APPOINTING DOUGLAS ANDERSEN TO THE NEW HOPE CITY COUNCIL TO SERVE APRIL 1, 2004, THROUGH DECEMBER 31, 2004". The motion for the adoption of the foregoing resolution was seconded by Councilmember Cassen, and upon vote being taken thereon, the following voted in favor thereof: Enck, Cassen, Gwin-Lenth, Sommer; and the following voted against the same: None; Abstained: Collier; Absent: None; whereupon the resolution was dccl=d du!assed and adopted, signed by the mayor which was attested to by the city.clerk. CI'T'Y Mayor Enck introduced for discussion Item 12. 1, Council input on city COMMUNICATIONS communications. Item 12.1 Council reviewed various city communications. COMMUNICATIONS Mayor Enck introduced for discussion Item 12.2, Exchange of communication Item 12.2 between members of the city council. . Councilmember Cassen requested that the g_ 4� by-laws relating to the Ryland Homes development include restrictions regarding minimum lease periods Vim' p if a unit is not owner-occupied. 1d'' ADJOURNMENT Motion was made by Councilmember Collier, seconded by Councilmember i Cassen, to adjourn the meeting, as there was no further business to come before the Council. All present voted in favor. Motion carried. The New Hope City Council adjourned at 9:17 p.m Respectfully submitted, kzt'v�_�" Valerie Leone City Clerk New Hope City Council Page 8 March 8, 2004 The petitioner is requesting final plat approval to subdivide one parcel into a lot and block description to allow construction_ of 44 townhomes, along with an outlot. The property is zoned PUD, planned unit development, and contains 3.17 acres. The applicant has submitted revised plans addressing a number of issues and the appropriate drainage and utility .easements are shown on the plat. The project is subject to a park dedication fee of $15,850, which has already been paid by the developer. Q� Staff is recommending approval. t1l�l" Councilmember Cassen asked Steve Sondrall, city attorney, about a minimum length of NM required if a unit is subsequently rented out. He answered that a minimum IWA of one year is included in the eLlooftUW documents. RESOLUTION 04-157 Councilmember Sommer introduced the following resolution and moved Item 8.1 its adoption "RESOLUTION APPROVING PLANNING CASE 04-06, REQUEST FOR FINAL PLAT APPROVAL FOR PROPERTY TO BE KNOWN AS WINNETKA TOWNHOMES, 5620 WINNETKA AVENUE NORTH, MASTER ENGINEERING AND FOUNDATION LAND DEVELOPMENT, LLC, PETITIONERS." The motion for the -adoption of the foregoing resolution was seconded by Councilmember Cassen, and upon vote being taken thereon, the following voted in favor thereof: Collier, Andersen, Cassen, Gwin-Lenth, Sommer; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly ass and ad ted signed by the mayor which was attested to by the city clerk. PLANNING CASE Mayor Collier introduced for discussion Item 8.2, Planning Case 04-23, 0423 request for variance to the eight -foot fence height requirement, 9209 59th Item 8.2 Avenue North, William Gabrys and Patricia Toro-Gabrys, petitioners. Mr. McDonald explained that the petitioner is requesting a 3 -foot variance to the 8 -foot fence height requirement to allow the construction of an 11 - foot fence along the rear property line, pursuant to Sections 4-3(d)(3)b and 436 of the New Hope Code of Ordinances. The planning commission considered this request at its September 7 meeting and recommended approval, subject to the following findings and conditions: 1. A utility locate be conducted along the south lot line in the construction zone where the fence is to be installed. The existing Mid America survey is adequate for fence location. 2. That the applicant submit a written acknowledgement that the city is not responsible for restoration of the fence if fixture work is necessary in the easement. 3. That no obstructions of natural drainage occur with the construction and on-going existence of the fence. .4. That engineering calculations of wind loads be determined and submitted with the building permit application. Mr. McDonald showed a topographic map and an aerial photo of the New Hope City Council September 13, 2004 Page 4 DyLAND November 3, 2445 Kith Green City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: Investor Properties, Winnetka Green Dear Kim: I have reviewed. the Winnetka Green sales documents and 15 buyers (9% of the total sales) disclosed to Ryland Homes at time of sale that they were purchasing a home for investment purposes (non -owner occupied). Attached is a fist those investment properties. In addition, the average sale price at Winnetka Green was $225,217 with a range from $183,121 to $287,653 With regards to the drafting of homeowner association documents, our attorney'& from Winthrop & Weinstine woo ked with city attorneys from Jensen & Sondrall. As I recall, the minimum length of a lease was the main issue discussed. The next Winnetka Green Homeowner Association meeting is scheduled for November 3Q, 2445. To address the neighborhoods concerns regarding rental hones, Ryland Homes has added to the meeting's agenda a discussion on amending the HOA docur lents to limit rental homes. Possible options for the HOA would include, but not limited to: 1) cap rental units at it's current level, no additional investors on re -sales of owner occupied homes 2) decrease rental homes down to a set perccritage, managed through re -sales 3) work towards no rental units. all to -sales need to be owner occupied An amendment to the HOA"s declaration would require a 6r/o approval from the registered owners. I will keep you posted as to the out come of the 1 IOA meeting. Please call me if you have any furthcT questions. Sincerely, Marr 9onstegard Land Devolopment Manager Ryland Homes, Twice Cities CC. Deborah Trio-Beckstrom, The Community Association Group, LLC Dennis Vier] mg, Customer Service & Wareanty Manager, Ryland Homes. Twin Cities Winnetka Investors Disclosed at Sale Average Safe Price $ 205,631.00 Job Number Address Purchase Price 1 82-0114 5424 Elm Grove Avenue $ 196, 204.00 2 82-0116 5420 Elm Grove Avenue $ 189,690.00 3 82-0213 5425 Elm Grove Avenue $ 197,720.00 4 82-0214 5427 Elm Grove Avenue $ 197,720.00 5 82-0215 5429 Elm Grove Avenue $ 210,904.00 6 82-0411 5401 Elm Grove Avenue $ 184,690.00 7 82-0412 5403 Elm Grove Avenue $ 206,355.00 8 82-0415 5409 Elm Grove Avenue $ 203,385.00 9 82-0618 7639 Elm Grove Avenue $ 194,165.00 10 83-0924 7837 Elm Grove Lane $ 213,816.00 11 83-0927 7825 Elm Grove Lane $ 221,202.00 12 83-1124 7839 Elm Grove Court $ 210,316.00 13 83-1126 7831 Elm Grove Court $ 230,624.00 14 83-1324 5512 Elm Grove Court $ 214,281.00 15 83-1724 7756 Elm Grove Court $ 213,393.00 Average Safe Price $ 205,631.00 04/06/2005 12:28 FAX 9522266024 RYLAND HOMES U029 8.5.Leasin . Leasing of Units shall be allDwedd, subject to regulation by the Master Association and the governing Community Association, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that all leases of a Unit shall be fpr a minimum term of one (1) year, (iii) that no Unit may be subleased, (iv) that all leases shall be in writins signed b3' the Owner and the lessee, and (v) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Docu mexlts, the Rules and the Act, and that any failure of the lessee to corrlply with the term of such documents shall be a default under the lease. The Master Association may impose such Rules as may be necessary to iinPlement procedures for the leasing of Units, consistent with this Section. Each Owner leasing a Unit shall be responsible for the compliance with and enforcement of the lease. Neither Declarant nor the Master .Association shall be responsible or liable for the actions or omissions of any lessee of any Unit and the Owner shall indemnify, defend and hold harmless the Master Association from and against any claim or cause of action for damages or injuries which may arise from criminal actions of a lessee of such Owner's Unit. S.G.Parldng. Driveways and parking areas within the Development shall be used only for parldng of vehicles owned or leased by Owners, Occupants and their guests, and such other incidelatal uses as may be authorized in writing by the Master Association. No trailers, boats, buses, motor homes, campers, snowmobiles or other type of recreational vehicle shall be parked outside a garage more than, seventy-two (72) consecutive hours within a two (2) week period. No abandoned or unlicensed motor vehicles shall be permitted to remain upon the driveways within the Development. The use of driveways, private streets, and other parking areas within the Development, and the type of vehicles and pmonai property permitted thereon, shall be subject to further regulation by the Master Association, including without limitation, the right of the Master Association to tow vehicles parked illegally or in violation, of the Rules, or to remove unauthorized personal proporty. Owners and Occupants (other than occasional guests) shall not regularly park on the private streets or guest parldng areas within the Development. 8.7.Lets. No pets shall be permitted to be kept within the Development by any Owner or Occupant, except conventional domesticated animals of a type n.ormaily kept as pets in residential areas. No kennel, dog house or outside run shall be constructed or maintained within the Development. No animal shall be kept for any commercial purpose nor shall animals be bred for a commercial purpose within the Development. Any pet, whenever outside of a Dwelling, must be kept under the direct control of the pet owner or auother person able to control the pet. The person in charge of the pet must clean up after it and is responsible for any damage done by the pet. The $pard may adopt more specific rules and penalties not inconsistent with the foregoing, and may make all or specified portions of the Common Area off limits to pets. 8.8.A tennw. Except with the prior written approval of the A.C.C., no exterior television, radio, satellite, or microwave antenna of any sort shall be erected or maintained upon a Dwelling or the exterior of a Unita except (i) at antenna one meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video progrMuning services, or (z1) any antenna for receiving television broadcast signals, subject to govexm ent regulations regarding masts and other related equipment. Additionally, no exterior wiring, including without limitation, wiring for such equipment DSL lines, cable television transmission lilies or cables for personal satellite -23- 06/02/2004 10:15 FAX 8522266024 RYLAND HOMES Selling r 1. Prior to listing their unit for sale, owners must notify tlaa Association. 2. "For Sale" signs or other advertising or window displays shall trot be placed anywhere on the property without approval of the Board. 3. Open houses may only be held on Saturdays or Sundays from 9:00 A.M. tbru 6.00 P -M. Open Douse signs will be allowed during the hours of the open house (one in front of the home and one at each main entrance to the community). Signs must be removed by 6:30 P.M 4. Lock boxes may only be located on the garage door or front door of the respective unit for sale. Lock boxes must be coated with a protective soft covering. 5. Owners must provide the Association Documents and Rules and regulations with a potential 5. Owners must provide a potential tenant wit a copy of these Rules and Regulations for review prior to entering into a Iease. Owners must include a paragraph in their lease informing the tenant of the Assooiation"s authority to enforce the Documents, By -Laws, and Rules and Regulations. 6. Owners shall advise all renters to obtain a tenant boxneowner insurance policy also known as an H04 policy. A cerdfloate of insurance shall be provided to the Homeowners' Association. Owners are advised to maintain their own insurasmee on the respeotive property. 05.01.03 ?, 004/013 buyer prior to entering into a purchase agreement. 6_ Minnesota Statutes requixe sellers to obtain a copy of a Disclosure Statement including the amount of any unpaid assessments or other ebarges due and owing the Association. Statements must be obtained from The Community Association Group and require a ten day notice and payment of a processing fee to be paid by the seller. An additional fee will be required of the seller when a statement is requested with less than a ten day notice. Leasing 1. Homes may not be leased for a period of less than one year, absent prior written consent of .......... the Board of Directors. 2. "For Rent" or "For Tease" signs or other advertising or window displays shall not be placed anywhere on the property. 3. A fee of $too will be assessed for each issue the association must deal with relating to any renter or rental unit and the owner. It shall be the owner's responsibility not the association to prevent or address all renter or tenant related issues and disturbances. Owners are liable and responsible for the conduct of their renters at all tunes. a4. Owners must provide the address and phone number of their of site residence if they are renting out their home within the community and also provide the name of each occupant or renter within any unitfhome. A fine will be assessed to any owner failing to provide suoh information. 5. Owners must provide a potential tenant wit a copy of these Rules and Regulations for review prior to entering into a Iease. Owners must include a paragraph in their lease informing the tenant of the Assooiation"s authority to enforce the Documents, By -Laws, and Rules and Regulations. 6. Owners shall advise all renters to obtain a tenant boxneowner insurance policy also known as an H04 policy. A cerdfloate of insurance shall be provided to the Homeowners' Association. Owners are advised to maintain their own insurasmee on the respeotive property. 05.01.03 ?, 004/013 06/02/2004 10:15 FAX 9522266024 RYLAND HOMES 7. Request for service from tenants of owners shall be directed only to the landlord. The Association and/or The Community Association Group shall have no responsibility or liability to respond to guest, occupant or teuatLt requests. 8. owners are responsible for tenant compliance with the CoMmunity Documents including the rules and regulations. Lease Agreements shall provide that the renters of the lease must be subject in all respects to the provisions of the Governing Documents of the community and that any failure by the lessee to comply with the terns of such documents shall be a default under the lease_ Fines for violations are the responsibility of the owner and will be added to the owner's accouirt. 9. A move in/out foe of $200.00 must be paid to the Association, prior to any move into or out of the property. This is to compensate the ,Association for additional wear and tear to the common property. 1f the Association is not notified of a move and/or the fee not paid in advance, the owner will be f led an additional $100 by the Association. 10. 1. A Unit Owner [" Ownen may not lease the unit to a tenant ("Tenant") unless the Owner fast obtains and approves a national criminal background invesiigation on all persons that will occupy the unit Such investigation shall be performed by a company licensed to conduct criminal background investigations. In order to evidence that the Owner has complied with this requimmernt, the Owner sball provide to the Master Association au official receipt from the company performing the investigation slating that the results of the investigation have been delivered to the Owner. All owners should note in accordance with The association documens; owners are fully responsible for the conduct of their tenants, guests or invitees. Failure by any owner to fufly comply with flys Tule shall result in a fine of $1,000.00 for each mouth of noncompliance. Architectural Changes and Modifications 1. Alterations or additions (INCLUDING INSTALLATION OF SATELI;TE DISHES) to any of the Common Elements or Limited Common Elements shall not be made by a resident without rn .iar written approval of the Association. Owners must first obtain any necessary City approval before submitting a request to the Board of Directors. 2. A "Request: for Change" must be accompanied by plains and specifications prepared at the expense of the owner, however, consent of the Board is not required to replace or restore windows, screens, doors, sensed doors, storm doors and garage doors to tbe�all color/style and condition or to install solar film on windows as long as the firm is non -reflective. All changes to original specification (including storm doors) are subject to the Architectural Control Committee to maintain architectural integrity in the complex. Changes made without the approval of the Board of Directors may be subject to fine, removal and/or restoration at the expense of the homeowner. Letters should be addressed to the Board, % The Community Association Group. 3. Any construction must meet all safety standards and all changes to the exterior of units must be approved prior to construction or such additions will be removed at owner's expense. 4. Owners failing to comply with any satellite dish installation guidelines may be required to re -locate the dish and be subject to a fine and serving fee along with all restrictions set forth in the �,. association documents. Any other antennas, wiring or cable may not be visible from the exterior 05.01.03 [a 005/013 Page 1 of 1 Green Kim From: Kathy & Tim Buggy [TheBuggyGroup@comcast.net] Sent: Monday, November 07, 2005 10:55 AM To: Green Kim Subject: RE: New Hope average sales price Dear Kim: From the Minneapolis Area Association of Realtors comes a 2004 Residential Activity Report that we refer to for average home sales. It is published in February of each year. I have the figures in front of me for the entire area and for New Hope the average sale price is $209,819. The average sale price for the entire metro area is $256,252 1 ran the appreciation rates since 2000 and they are as follows: 2000 $146,715 2001 $161,770 10.26% Appreciation 2002 $180,464 11.5% Appreciation 2003 $197,142 9.2% Appreciation 2004 $209,819 6.4% Appreciation I hope this is the information is helpful. if you want the entire chart, just e-mail or call and I can fax it over to you. it is interesting to see how the different suburbs and cities compare. This report encompasses single family detached, condos, townhouses and twin homes. Kathy Kathy, T m, and Declan Buggy 4024 Ensign Avenue North New Hope, MN 55427-1036 P: 763.544.2572 E: TheBuggyGroup@comcasst.net -----Original Message ----- From: Green Kim Cmailto:kgreen@ci.new-hope.mn.us] Sent: Monday, November 07, 2005 9:35 AM To: thebuggygroup@comcast.net; williamboelkers@remax.net Subject: New Hope average sales price Tim and Bill: Kirk McDonald asked me to see if either of you know the average sales price for homes in New Hope, or if you could direct us to a resource to get this information. The 2004 average would be ideal, but an average from any recent time period would work as well. Thanks, Kim Green Community Development Assistant 763-531-5196 11/9/2005 Use this sheet to see basic statistics on the market as a whole. Status: Sold (248) List Price: $100,000 - $200,000 (61) List Price DOM Sale Price Beds Baths Bu at Taxes FSF l FSZ Min $134,900 2 $134,000 2.00 1.00 1920 764 0 Max $199,900 106 $203,900 4.00 3.00 1972 $2,623 2,696 1,546 Avg $185,388 31.7 $185,840 2.90 1.62 1958 $1,761 1,528 984 Sum $11,308,690 $11,336,245 $82,755 List Price: $200,000 - $300,000 (185) List Price DOM Sale Price Beds Baths 6u at Taxes TSF l FSZ Min $200,000 1 $190,000 0.00 .00 1950 0 0 Max $299,999 169 $294,000 6.00 4.00 2001 $3,411 3,426 2,600 Avg $233,993 34.2 $232,428 3.55 2.27 1966 $2,242 1,973 1,128 Sum $43,288,649 $42,999,270 $334,059 List Price: $300,000 - $400,000 (2) List Price DOM Sale Price Beds Baths Bunt Taxes FSF Total FSZ Min $327,900 22 $325,000 4.00 3.00 1964 $3,306 2,632 1,560 Max $329,900 51 $327,650 4.00 4.00 1968 $3,326 3,128 1,848 Avg $328,900 36.5 $326,325 4.00 3.50 1966 $3,316 2,880 1,704 Sum $657,800 $652,650 $6,632 List Price: All (248) List Price DOM Sale Price Beds Baths Bu at Taxes FSF Total FSZ Min $134,900 1 $134,000 0.00 .00 1920 0 0 Max $329,900 169 $327,650 6.00 4.00 2001 $3,411 3,426 2,600 Sum $55,255,139 $54,988,165 $423,446 The above is the information on closed properties from 111/04-1211104 single family only. Not townhomes or condos. William B. Oelkers CRS GRI RE/MAX Results :. 763-5334800 763-535-0810 Fax williamboelkers§remax.net www.williamboelkers.com Leone Valerie From: Sent: To: Cc: Subject: _! Amendment to Declaration (leasi... Dan: McDonald Kirk Wednesday, November 30, 2005 1:25 PM Donahue Dan Green Kim; Leone Valerie FW: Winnetka Green "I,CtkX_ 6A,6avI. - Please forward to the City Council. Val: can you provide a copy of the tape. Thanks, Kirk -----Original Message ----- From: Enger, Chris [mailto:cenger@ryland.com] Sent: Wednesday, November 30, 2005 11:33 AM To: McDonald Kirk Cc: Vierling, Dennis Subject: FW: Winnetka Green Dear Kirk: I am sending you a new draft, prepared after our meeting yesterday, which we plan to present to the new master board of the Winnetka Green HOA tonight. While the board and membership may not be able to adopt the change at tonight's meeting, we plan to assist with the effort to gain the bylaw change through a subsequent meeting or proxy effort. You will note that the draft change effectively moves any rental down to zero at the end of existing leases, but for hardship situations. (Existing units which are rented would not be eligible for a hardship waiver.) We also learned from our HOA manager and attorney that this is a private meeting, of Homeowners only. ID's will be checked at the door. No one who is not a homeowner will be admitted, that would also have to include any City people. We will be glad to provide you with a report on the meeting and minutes, when they are available. Also, please provide me with a copy of the tape made at yesterday's meeting. I believe, with this new draft, we will be going beyond what the City expectation was coming out of our meeting. We will continue to keep you appraised of our progess. Please pass this on to the Mayor and City COuncil and Manager. Sincerely, Chris Enger -----Original Message ----- From: Vierling, Dennis Sent: Wednesday, November 30, 2005 9:23 AM To: Enger, Chris; Logan, Steve Subject: FW: Winnetka Green Here is the revised copy. Steve according to Nancy we can reject Sec. 8's at any time There is no discrimination in doing that. ----original Message ----- From: Nancy T. Polomis [mailto:npolomis@hjlawfirm.com; Sent: Wednesday, Nove*rioer 30, 2005 9:16 AM To: dvierlin@ryland.com Subject: Winnetka Green Denny: Per our discussion, attached is the revised Amendment for Winnetka Green. I inserted a requirement in (v) to provide a copy of the wr_tten lease as well as contact information, and also added a statement at the end that reiterates the provisions in the Master Declaration that the terms of the Master Declaration take precedence over the terms of the Community Governing Documents. As we discussed, this amendment will affect both the townhome and condo communities (since the Master Declaration affects both communities), and will limit the leased units in both communities to a total of 17 units. Let me know if you have questions or need further modifications to the amendment. Nancy T. Polomis Hellmuth & Johnson, PLLC 10400 Viking Drive, Suite 500 Eden Prairie, Minnesota 55344 Direct: 952-746-2105 Fax: 952-941-2337 E-mail: npolomis@hjlawfirm.com 2 AMENDMENT TO MASTER DECLARATION WINNETKA GREEN HENNEPIN COUNTY, MINNESOTA This instrument was drafted by: HELLMUTH & JOHNSON, PLLC 10400 Viking Drive, Suite 500 Eden Prairie, MN 55344 Telephone (952) 941-4005 AMENDMENT TO MASTER DECLARATION WINNETKA GREEN This Amendment to Master Declaration ("Amendment") is made this day of '2005, by Winnetka Green Master Association ("Master Association"), and approved by the required number of Owners of Units in the Master Association and the Master Declarant, pursuant to the requirements of the Master Declaration and the applicable provisions of Minnesota Statutes, Chapter 515B (the "Act"). RECITALS WHEREAS, The original Master Declaration creating Winnetka Green was recorded in the office of the Hennepin County Registrar of Titles on 200_, as Document No. , and in the Office of the Hennepin County Recorder on , 200_, as Document No. , and was amended from time to time thereafter (collectively referred to as "Original Master Declaration"); WHEREAS, pursuant to the provisions of Section 14.1 of the Original Master Declaration, this Amendment has been approved by (i) Owners holding at least seventy-five percent (75%) of the votes in each of the Member Communities, (ii) a majority of the Community Boards, and (iii) the Master Declarant. NOW THEREFORE, the Master Association hereby amends the Original Master Declaration as follows: Section 8.5 of the Original Master Declaration is hereby amended to restrict the use of the properties within the Master Association. Section 8.5 is deleted in its entirety and the following inserted in its stead: 8.5 Leasing. Leasing of Units shall be allowed, subject to regulation by the Master Association and the governing Community Association, and subject to the following conditions: (i) no Unit shall be leased for transient or hotel purposes; (ii) no Unit may be subleased, which shall include, but not be limited to, leases pursuant to Section 8 of the Housing Act of 1937, as amended, 42 U.S.C. §1437f; (iii) all leases shall be in writing; (iv) all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and the Act, and that a failure of the lessee to comply with the provisions of such documents shall be a default under the lease; (v) those Owners leasing their Units as of the date on which this Amendment is recorded shall, within thirty (30) days of the date of such recording, register their Unit with the Master Association by providing (a) their name, (b) the name(s) of their tenant(s), (c) a current address for the Owner, (d) a current telephone number for the Owner and the tenant(s), and (e) a copy of the fully executed lease between Owner and tenant(s). Any Unit not registered within that thirty -day period will be deemed to be Owner -occupied, and may not be leased except as provided in (vi), below. (vi) An Owner who has registered his or her Unit as a leased Unit within the 30 -day period referenced in (v), above, shall be permitted to continue to lease his or her respective Unit for the balance of the existing lease's term, exclusive of any provisions for renewal of such lease. At such time as the existing lease expires or any such Owner shall transfer ownership of his or her Unit (whichever shall first occur), then, subject to the provisions of (vi), below, the right to continue leasing such Unit shall immediately terminate. Once the lease of a registered Unit expires, such Unit shall not be leased again under any circumstance; Owners of Units which have previously been leased are not eligible to petition for a hardship waiver under (vi), below. (vi) In the event there are fewer than seventeen (17) Units being leased at a given time, and an Owner selling his or her Unit determines that these leasing restrictions impose a hardship on the Owner, such Owner may petition the Master Board for written waiver of such leasing restrictions as to that Unit based upon such hardship. Such petition shall describe the hardship imposed by such restrictions and state the length of time for which such Owner requests the waiver of these leasing restrictions. The decision whether to grant such waiver shall be at the sole discretion of the Master Board, whose decision is final. If the Master Board denies the petition, the Owner shall be bound by the decision of the Master Board and shall not engage in any prohibited lease transaction nor sell to any person who does not intend to occupy the Unit. (vii) Any Unit Owner permitted to lease his or her Unit pursuant to the provisions of (vi), above, shall register with the Master Association as set forth in (v), above, within thirty (30) days of receipt of written notification of the Master Board's granting of the Owner's petition for waiver. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. In the event an Owner violates any of the provisions of this Section 8.5 or any Rule or Regulation related thereto, such Owner shall be subject to a fine of up to Five Hundred and no/100 Dollars ($500.00) per month for each month or portion thereof that the violation exists. Such fines shall constitute a lien against the Unit and the personal obligation of the Unit Owner, and shall be enforceable in the same manner as assessments under Section 6.9 of the Original Master Declaration. This Amendment to the Master Declaration shall be effective upon recording in the offices of the Registrar of Titles and Recorder for Hennepin County, Minnesota. This Amendment shall supersede and take precedence over any inconsistent terms contained in the Original Master Declaration or other existing Master Association governing document. Except as expressly amended hereby, the Original Master Declaration shall continue in full force and effect. As provided in Section 17.4 of the Original Master Declaration, the provisions of the Original -2- Master Declaration, as amended, shall control as against any Community Governing Documents or Community Rules. IN WITNESS WHEREOF, the Master Association has executed this Amendment to Master Declaration as of the date above first written. WINNETKA GREEN MASTER ASSOCIATION By: Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by , the of Winnetka Green Master Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public -3- AFFIDAVIT OF COMPLIANCE OF AMENDMENT BY SECRETARY STATE OF MINNESOTA ) ss. COUNTY OF ) The undersigned, Secretary of Winnetka Green Master Association, a Minnesota nonprofit corporation, being first duly sworn and upon oath, hereby swears and certifies, pursuant to the applicable provisions of Minnesota law and the Original Master Declaration, that the Amendment to the Master Declaration for Winnetka Green has been duly approved by (i) Owners holding at least seventy-five percent (75%) of the votes in each of the Member Communities, (ii) a majority of the Community Boards, and (iii) the Master Declarant, in compliance with the requirements of Minnesota law and the Original Master Declaration. WINNETKA GREEN MASTER ASSOCIATION By: Its: STATE OF MINNESOTA ss. COUNTY OF Secretary The foregoing instrument was acknowledged before me this day of 2005, by , the Secretary of Winnetka Green Master Association, a Minnesota non-profit corporation, on behalf of the corporation. This instrument was drafted by: HELLMUTH & JOHNSON, PLLC 10400 Viking Drive, Suite 500 Eden Prairie, MN 55344 (952) 941-4005 Notary Public -4- GORDON L. JENSEN' CLARISSA M. KLUG GLEN A. NORTON A.NtY E. PAPENHAUSEN STEVEN A.SONDRALL ARIL T. STIENESSEN STACY A. WOODS OF COUNSEL LORENS Q. BRYNESPAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association JENSEN & SONDRALL, P.A. Attorneys At Law March 6, 2006 Valerie Leone, City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Outlot A, Winnetka Green Our File No. 99.11321 Dear Valerie: 8525 EDINDROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail law@Jensen-sondrall.com Writer's Direct Dial No.: (763) 201-0222 e-mail cmkdjensen-sondrall.com At long last, enclosed for your files is the original of the deed from The Ryland Group, Inc. conveying Outlot A, Winnetka Green, to the City of New Hope. You may also want to keep a copy of this Letter on file for background as to why the enclosed deed was never recorded at the County. A brief summary of that background is as follows: • Ryland went into ownership of Outlot A when it purchased the last "phase" of the redevelopment area now platted as Winnetka Green. This final phase included both abstract land and registered land. • Ryland immediately recorded its ownership in the County abstract records, but did not simultaneously record with the County Registrar's Office. • Ryland quickly determined it did not need Outlot A (which is registered land) for development. Ryland announced it was willing to give the outlot to the City as a gift, the City accepted the gift, and Ryland delivered the enclosed deed to our office. • Our office was unable to record the enclosed deed. At the time of the gift, and for a number of weeks thereafter, evidence of Ryland's ownership of the registered land areas of the final redevelopment phase still had not been presented to the Registrar. • Ryland eventually was told by the Registrar's Office that it could not record the final redevelopment phase deed as originally issued. The description originally included in the deed referenced the Winnetka East plat. By the time the deed was presented to the Registrar's Office, that office was only recognizing the area under the plat name of Winnetka Green. • A substitute deed for the registered land areas of the final redevelopment phase was then put together by the EDA. Because the Outlot A "gift deed" had already been delivered, the EDA and Ryland agreed to omit Outlot A from this substitute deed. • Ryland submitted the substitute deed to the Registrar's Office and it was accepted for recording. At that time, Outlot A remained registered in the name of the EDA. March 6, 2006 Page 2 + The EDA later deeded all of Outlot A to the City. The City thereafter sold part of Outlot A to Paul Edison. We suggest that the City keep the enclosed original deed on file permanently as evidence of the date that Ryland relinquished control of the Outlot A area. Also enclosed as further evidence is a copy of an e-mail from the office of Ryland's attorneys confirming that Outlot A could be dropped from the substitute deed being put together to reconfirm conveyance of the final redevelopment phase land to Ryland. Sincerely, Clarissa M. Klug Asst. New Hope City Attorney Enclosure(s) cc: Kirk McDonald (w/out enc.) Kim Green (w/out enc . ) P:SAnmey\CmklClientslCNF1199-11321199.11321-032-Ltr to Val Sending original of Ryland 'gift deed.doc Clarissa M. Klug From: Munson Edward ]EMunson@winthrop.com] Sent: Friday, May 06, 2005 4:46 PM To: Clarissa M. Klug Cc: Sonstegard, Mark Subject: RE: Winnetka Clarissa: Ryland has given the O.K. for your suggestion on handling the transfer of Outlot A. Please let me know if you need anything additional. I, and I know Ryland, certainly appreciate your assistance with this matter and we are really hoping to have a deed from you on Tuesday. 'Thanks, Ed Munson, 612-604-6694 -----Original Message ----- From: Clarissa M. K_ug [mailto:cmk@Jensen-Sondrall.com] Sent: Friday, May 06, 2005 4:25 PM To: Munson Edward Subject: RE: Winnetka Ed: For the Outlot A deed it is still unclear if it will be subdivided and sold. We have the deed on hold in our file. At this point rather than having Ryland issue a corrective deed it may be easier, if Ryland gives the OK, to have the EDA (showing in title of record even though our position is that legally they are not) quit claim deed the parcel (using a Winnetka Green description) to the City. The City could then record its deed. On the already closed lots for the developed (non Outlot A) area of Winnetka Green, we are in agreement with including only the lots you list below. Sincerely, Clarissa M. Klug JENSEN & S'ONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443-1968 Direct: (763) 201-0222 Cell: (612) 325-1898 Fax: (763) 493-5193 cmk@jensen--sondrall.com WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client- i f the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify.sender via E-mail reply. C.V. FILED NOT RED, o�(ny AND PRfQRXPAYER � AX��+PID TRANSFER ENTERED JAN 112005 KENNE IN NTY MINS. 1JLo- DEPUTY or Limited QUIT CLAIM DEED i1v Comnaw to Corporation, Partnership or Limited Liability STATE DEED TAX DUE HEREON: $1.70 Date: December , 2004. FOR VALUABLE CONSIDERATION, "11le Ryland Group, Inc., a Maryland corporation, Grantor, hereby conveys and quitclaims to the City of New Hope, a municipal corporation under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: Outlot A, Winnetka Green, according to the recorded plat thereof subject to and together with easements, restrictions and covenants of record; together with all hereditaments and appurtenances. The total consideration for this transfer of real property is less than $500.00 0 Q V\ 6r ouj C a D5- [ 19- Q I - 33-000,�Z THE RYLAND GRCqP, INC. By: Its-. It6 P t i THIS INSTRUMENT DRAFTED BY: i I Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, ;VIN 55443 (763) 424-8811 Tax Statements for the real property described in this instrument should be sent to: The City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 P:\Attorney\Cmk\C1ientslCNH199-11321199.11321-001-QCD-Oudot A Winnetka Green.doc LESLIE A. ANDERSON GORDON L. JENSEN' JOHN W. MUELLER GLEN A. NORTON AMY E. PAPENHAUSEN STEVEN A.SONDRALL ARIC T. SfIENESSEN JENNIFER C. TOOHEY OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 0 TELEFAX (763) 493-5193 e-mail [aW@jaSattorneys.com Writer's Direct Dial No.: (763) 201-0233 e-mail Jct(jasattorneys. com February 7, 2007 Ms. Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Winnetka Green Drain/Utility Easement Our File: 99.11330 Dear Ms. Leone: Enclosed please find a copy of an Easement for Construction and Maintenance of Public Improvement, for Winnetka Green. It was filed for recording in the Hennepin County Recorder's Office on February 5, 2007, as Document Number 8932951. If you have any questions, please feel free to contact me. Very truly yours, ennifer C. Toohey Enclosure cc: Kim Berggren PAAnorneyUCT%l-Client Folders%City of New Hope199.11330 Winnetka Green Drain-Utiliry Fasement1001-Ltr to Valerie Leone.doc Doc No 8932951 02/05/2007 01:51 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 288621 Deputy 49 Fees $35.50 DOC $10.50 SUR $2.00 COPY $48.00 Total 0 TRANSFER ENTERED HENNEPIN aMM TCAXPAYM SUMCM 2001 AANw. EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF VARIOUS PUBLIC MROVEMENTS THIS INDENTURE is made effective as of then day of May, 2005, between and among the Church of Saint Raphael, a Cp}'ParA 4o1- (the "Grantor") and the City of New Hope, a Minnesota municipal corporation (the "City'. WHEREAS, the Grantor is the fee owner of those certain parcels ofreal properly located in Hennepin County, Minnesota and legally described as follows: Lot 4, Block 5, J.P. Riedel & Company's St. Raphael Addition which parcels are located within the municipal limits of two Minnesota municipalities and which parcels are collectively more commonly referred to as either 7301 Bass Lake Road, City of New Hope or 7301 56" Avenue North, City of Crystal (collectively referred to hereafter as the "Property"); and WHEREAS, the City wishes to obtain various drainage and utility easements over, under and across portions of the Property; and WHEREAS, the Grantor is willing to grant such easements pursuant to the terms and conditions outlined herein. NOW WITNESSETH; That the Grantor in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, does hereby grant, bargain and convey unto the City and its successors and assigns, forever, permanent easement rights over, under and across all Easement Tracts described below, including full and free right and authority to enter upon each and every Easement Tract and make such use of any and all of the Easement Tracts as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and utility facilities (included but not limited to storm sewer facilities). The permanent easements herein granted are situated over, under and across the following tracts of land (collectively the "Easement Tracts" and each individually to be known as an "Easement Tract") located in Hennepin County, Minnesota: All the part of Tract A, Registered Land Survey No. 1026, according to the recorded plat thereof, lying northerly and westerly of the following described line: Commencing at the northeast corner of said Tract A; thence on an assumed bearing of North 89 degrees 45 minutes 26 seconds West, along the north line of said Tract A, a distance of 33.35 feet, to the point of beginning of the line to be described, thence South 00 degrees 07 minutes 02 seconds West, a distance of 26898 feet; thence South 45 degrees 06 minutes 47 seconds West, a distance of 29.44 feet, thence South 88 degrees 15 minutes 23 seconds West, a distance of 36.89 feet to the west line of said Tract A and there terminating. 2. The South 10 feet of the North 38 feet of Lot 40, Auditor's Subdivision No. 226, according to the recorded plat thereof. 3. The west 5.00 feet of the south 279.00 feet along with the area enclosed by a 10 foot wide easement centered on the following described centerline. The centerline of said easement begins at a point on the west line of Lot 3 9, Auditor's Subdivision No. 226, according to the recorded plat thereof, 281.59 feet North of the southwest corner of said Lot 39; thence on a assumed bearing of North 56 degrees 14 minutes 32 seconds East a distance of 64.16 feet; thence on an assumed bearing of South 89 degrees 48 minutes 35 seconds East a distance of 81.65 feet and there terminating at a point on the east line a distance of plus or minus 38.00 feet south of the northeast comer of said Lot 39. The sidelines of said easement are to be lengthened or shortened to terminate at the east and west lines of said Lot 39. 4. The East 5.00 feet of the South 287.61 feet of Tract A, Auditor's Subdivision No. 226, according to the recorded plat thereof. 5. The West 10.00 feet of the North 38 feet of Lot 40, Auditor's Subdivision No. 226, according to the recorded plat thereof [The Remainder Of This Page Is Intentionally Left Blank; Signature Page Follows] Church of Saint Raphael By: rA ..y e , �► / ice• Date: V2005 By: Its: Date: STATE OF MINNESOTA ) ss. COUNTY OF ! e►,We,4iJ ) 2005 The foregoing was acknowledged before me this /0+4 day of t"4/ 2005, by Fr r J v e-Y�five,- and , the and F _ of the Church of Saint Raphael, Grantor, on behalf of Grantor. Notary ublic Cc+M � � SS r o•� FJ►�ls res J- 31-'�c) I D I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: .311316 New Hope City Clerk JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, NIN 55443 (763) 424-8811 P-L4ttorney14nk1C1iMUEV 7 M9-113301CNH99-11330•Dminage & Utility BaseuiMZ2.doc o i A r n 1([ Cie A h 'r�11 �)rti Air\ -i r-0 �_nr�L_ o a33,315% Ntly-45�Cti-� NORTH ZINE OF TRACT A— , .-_ .r L w JTQ •:•;•;m::a:; LIQ ¢� Z Ii.IJ F LIQ t/i 1 �.�.'1 13 I ON xw 11� -d0 ' '.-.;.I 4 r ti C3Gi ._zW� J CL 00 Q. ¢ ' .. 3 •� N Lij '.".�� •1 p 10 — 7 1 "................. 1 _ . ... rI r s sVa "A M M 'NE CORNER OF TRACT A 0 Gr) C] f Y I,r) PROPQSFjD DRAIN69L AND UTIL rL EASEMENT An easement for drainage and utility purposes lying over, under and across all that part of Tract A, REGISTERED LAND SURVEY NO. 1026, according to the recorded plot thereof, Hennepin County, Minnesota, lying northerly and westerly of the following described line: Commencing at the northeast corner of said Tract A; thence on on assumed bearing of North 89 degrees 45 minutes 25 seconds West, along the north rine of sold Tract A, a distance of 33.35 feet, to the point of beginning of the line to be described; thence South 00 degrees 07 minutes 02 seconds West. a distance of 268.98 feet; thence South 45 degrees D6 minutes 47 seconds West, a distance of 29.44 feet; thence South 88 degrees 15 minutes 23 seconds West, a distance of 36.89 feet to the west line of said Tract A and there terminating. • THIS SKETCH DOES NOT PURPORT TO SHOW THE DOSTENCC OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. 50 25 0 50 Scale in Feet WE HEREBY CERTIFY TO RYLAND HOMES THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, 2HNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER E WS OF THE STATE OF DATED THIS 25TH DAY OF APRIL, 2005. EO: IONEER ENGINEERI C BY: Jahn C. Larson, Professional Land Surveys• Minnesota License Nm 19828 PINEERneInng Deseri tion Sketch for: uaoF"s� r u�wuos�ecrarens p pp Meedata IIeighls Ofllce {]Coon Rapids OiLce 24zaTive. 201 8S1h Avow N.W. RYLAM HOMES MaWota Heieft MIN 55120 Coon Rapids, blPf 55433 (651) 6811914 Fa=6819488 (763) 7811880 Fas7831883 Cad File: 103285514 Scan File; 05-020 Folder 0: 3536 Drawn by; JMM Sheet I of 1 Bass Lake Road Co. Rd. 1� f -- 01 WINNETKA GREEN F-T—j ELM GROVE J PARK 55th Avenue North �- z ` J Jc AUDITOR'S SUBDIVISION N0. 226 Lot 40 05-118-21-34-0001 7301 56th Ave N o Z Permanent Drainage & >> Utility Easement z (380 SF) St. Raphael Drive a 4v yea U& r..c PARCEL DESCRIPTION Lot 40, Auditor's Subdivision No. 226, according to the recorded plat thereof, Hennepin County, Minnesota. DRAINAGE & UTILITY EASEMENT DESCRIPTION A Permanent Drainage & Utility Easement over, under, and across the West 10 feet of the North 38 feet of said Lot 40. EASEMENT DESCRIPTION/SKETCH NEW HOPE, MINNESOTA FIGURE 1 2005 STREET, PARK, & UTILITY INFRASTRUCTURE IMPS 3404159EO1.DWG DATE: MARCH 2005 COMM: 34-04-159 AnBonestroo OEM Rosene Anderlik & Associates Engineers & Architects H U a. a m ke 19 CkN N 11 !f1 �38' 1 D,� - — 7- -Ij I AUDI R'S A I i SUBDIVISION I NO. 226 1 Lot 40 05-118--21— 34-0002 7301 56th Ave N ELM I GROVE I PARK { I I Bass Lake Road (Co. Rd. 10) Permanent Drainage & Utility Easement (1,710 SF) o so ioa smw % %A PARCEL DESCRIPTION Lot 40, Auditor's Subdivision No. 226, according to the recorded plat thereof, Hennepin County, Minnesota. DRAINAGE & UTILITY EASEMENT DESCRIPTION A Permanent Drainage & Utility Easement over, under, and across the South 10 feet of the North 38 feet said Lot 40. EASEMENT DESCRIPTION/SKETCH Bonestroo 0 Rosene Anderlik & NEW HOPE, MINNESOTA FIGURE 2 Associates 2005 STREET, PARK, & UTILITY INFRASTRUCTURE IMPS Engineers & Architects 3404159E02.DWG DATE: MARCH 2005 COMM:34-04-159 Bass Lake Road (CO. R:11, .d. 0 ---T- _, S1191481 Permanent Draindge & Utility Easeme t (2,851 SF) Lot 39, Auditors Subdivision No. 226, according to the recorded plat thereof, Hennepin County, Minnesota. DRAINAGE & UTILITY EASEMENT DESCRIPTION A Permanent Drainage & Utility Easement over, under, and across the west 5.00 feet AUDIT R'S SUBDIVI easement centered on the following described centerline. The centerline of said easement begins at a point on the west line of said Lot 39 281.59 feet north of ION I WINNETKA GREEN a distance of 64.16 feet; thence on an assumed bearing of S89'48'35"E a distance of 81.65 feet and there terminating at a point on the east NO. 226 f r easement are to be lengthened or shortened to terminate at N I Lot 39 + I 05-118t21— 33-0001 7301 56th ` i Ave I ELM GROVE PARK I I PARCEL DESCRIPTION Permanent Draindge & Utility Easeme t (2,851 SF) Lot 39, Auditors Subdivision No. 226, according to the recorded plat thereof, Hennepin County, Minnesota. DRAINAGE & UTILITY EASEMENT DESCRIPTION A Permanent Drainage & Utility Easement over, under, and across the west 5.00 feet of the south 279.00 feet along with the area enclosed by by a 10 foot wide easement centered on the following described centerline. The centerline of said easement begins at a point on the west line of said Lot 39 281.59 feet north of the southwest corner of said Lot 39; thence on an assumed bearing of N56'14'32"E a distance of 64.16 feet; thence on an assumed bearing of S89'48'35"E a distance of 81.65 feet and there terminating at a point on the east line a distance of ±38.00 feet south of the northeast corner of said Lot 39. The sidelines of said easement are to be lengthened or shortened to terminate at the east and west lines of said Lot 39. EASEMENT DESCRIPTION/SKETCH Bonestroo Rosene NEW HOPE, MINNESOTA FIGURE 3 Anderiik & Associates 2005 STREET, PARK, & UTILITY INFRASTRUCTURE IMPS Engineers & Architects 3404159E03.DWG ' DATE: MARCH 2005 COMM: 34-04-159 a V fU N C] 0 N SV Ln Bass Lake Road (Co. Rd. 10 D I REGISTERED I LAND SURVEY i N0. 1026 Tract A 05-118-21— MNNETKA 33-0090 I GREEN 7301 56th Ave N W Permanent Drainage & Utility Easement (1,438 SF) f f �i GROVE N PARK I 0 40 00 sod. % f" PARCEL DESCRIPTION Tract A, Auditor's Subdivision No. 226, according to the recorded plat thereof, Hennepin County, Minnesota. DRAINAGE & UTILITY EASEMENT DESCRIPTION A Permanent Drainage & Utility Easement over, under, and across the East 5.00 feet of the South 287.61 feet of said Tract A. EASEMENT DESCRIPTION/SKETCH J1Bonestroo OEM Rosene NEW HOPE, MINNESOTA FIGURE 4 A & Asssocisoci k ates 2005 STREET, PARK, & UTILITY INFRASTRUCTURE IMPS Engineers & Architects 3404159EO4.DWG DATE: MARCH 2005 COMM: 34-04-159