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082304 EDA CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North August 23, 2004 President Don Collier Commissioner Doug Andersen Commissioner Sharon Cassen Commissioner Mary Gwin-Lenth Commissioner Steve Sommer 2. 3. 4. Call to order Roll oall Approval of regular meeting minutes of August 9, 2004 Resolution modifying the restated redevelopment plan and tax increment financing plans for redevelopment project no. 1 and 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); creating tax increment financing district no. 04-2 (special law) and adopting a tax increment financing plan relating thereto (improvement project no. 776) Resolution calling for public hearing regarding a proposed transfer of real property (5501 Boone Avenue North) (improvement project no. 776) Resolution approving purchase agreement - 5207 Pennsylvania Avenue North (improvement project no. 775) 7. Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 EDA Minutes Regular Meeting August 9, 2004 City Hall CALL TO ORDER ROLL CALL APPROVE MINUTES IMP. PROJECT 770 Item 4 MOTION Item 4 EDA Meeting Page 1 President Collier called the meeting of the Economic Development Authority to order at 8:48 p.m. Present: Don Collier, President Sharon Cassen, Commissioner Mary Gwin-Lenth, Commissioner Steve Sommer, Commissioner Absent: Doug Andersen, Commissioner Motion was made by Commissioner Cassen, seconded by Commissioner Gwin-Lenth, to approve the Regular Meeting Minutes of July 26, 2004. Voting in favor: Collier, Cassen, Gwin-Lenth, Sommer; Voting against: None; Absent: Anderson; Abstained: None. Motion carried. President Collier introduced for discussion Item 4, Motion authorizing staff to proceed with the burial of overhead utilities on the east side of Winnetka Avenue between 53rd Avenue North and the north side of Bass Lake Road (improvement project no. 770). Ms. Amy Baldwin, community development assistant, stated 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 53ra Avenue North and the north side of Bass Lake Road. She stated Xcel Energy's estimate is $100,624 which is nearly $50,000 less than the city's original estimate of $150,000. The project will be completed in conjunction with the installation of the new sidewalk around the perimeter of the Winnetka Green project. Discussion ensued regarding the utilization of tax increment funding rather than a surcharge. Mr. Dan Donahue, city manager, explained that a surcharge could not be limited to the project area, therefore, rather than a city-wide surcharge, staff recommends the use of TIF funds. Motion was made by Commissioner Gwin-Lenth, seconded by Commissioner Sommer, to authorize staff to proceed with the burial of overhead utilities On the east side of Winnetka Avenue between 53,a Avenue North and the north side of Bass Lake Road (improvement project August 9, 2004 IMP. PROJECT 751 Item 5 no. 770). Voting in favor: Collier, Cassen, Gwin-Lenth, Sommer; Voting against: None; Absent: Anderson; Abstained: None. Motion carried. President Collier introduced for discussion Item 5, Update on Winnetka Green phase III expansion and motion authorizing staff to proceed with appraisals and relocation estimates on eight properties located within the phase III expansion area (improvement project no. 751). Mr. Kirk McDonald, director of community development, explained his desire to update the EDA regarding the discussions with the eight property owners impacted by the proposed Phase III expansion. He stated staff is coordinating individual meetings with the eight property owners. Six of the eight property owners are in favor of the project and two property owners would reluctantly sell. He stated during the meetings he covered the same information (asked whether the property owner would sell for an agreed upon price, notified property owner of relocation benefits, answered any questions, and discussed timing and the next steps of the process). At this time, staff is requesting authorization to proceed with appraisals and relocation estimates for the eight properties. He explained staff's intent to: 1) coordinate with Ryland on revised plans; 2) conduct a neighborhood meeting about the expansion of the project; 3) coordinate with Krass Monroe and Ryland on amended redevelopment contract and the TIF District modification; and 4) coordinate on planning steps necessary to amend PUD and plat. Mr. McDonald noted that Ryland would like an answer from the city by the end of September as Phase li would be impacted by Phase III. President Collier cautioned against making a commitment for Phase III prior to approval of a concept plan. Mr. Steve Sondrall, city attorney, noted the EDA is not entering a contractual obligation by obtaining the appraisals. He noted it would be beneficial to determine the appraised values in order to start the negotiation process. He noted the appraisal information would be shared with the property owner, but no offer would be extended until after an agreement is reached with the developer. President Collier expressed concerns regarding Phase III without answers regarding the plan, traffic, and neighborhood buffers. Mr. Donahue, city manager, suggested authorizing the appraisals with the understanding that the appraisal process would not be initiated until after the city has selected a proposed plan and process. Staff commented that the neighborhood meeting is scheduled for August 25. EDA Meeting Page 2 August 9, 2004 Commissioner Sommer expressed reluctance of incurring expenses for appraisals until a plan is agreed upon and shared with the neighborhood. He also pointed out that the term sheet included specific timelines. Commissioner Gwin-Lenth pointed out that staff has met the property owners. She expressed understanding of her colleague's discomfort of proceeding without a formal plan but suggested a parallel track as the appraisals are the next step of the process. Discussion ensued regarding the term sheet that was approved on July 26 to provide direction and approximate timelines. Mr. Sondrall confirmed that the term sheet included conveyance of property east of Sumter Avenue to the developer by May 1, 2005, and the property west of Sumter Avenue by July 1, 2005. He stated the units proposed on the term sheet can be changed. For financial analysis purposes, the term sheet included 42 proposed units. He reiterated that the term sheet is non-binding. Commissioner Cassen commented that the term sheet is direction to staff and is not in final form. She supported authorization of the appraisals. President Collier opened the floor for comments. Mr. Andy Hoffe, 4632 Flag Avenue North, was recognized. He questioned the costs of Phase III and how the financing would differ from Phases I and II. Mr. Donahue stated the costs for Phase III are not known but the main difference in the financing is that Ryland will advance the city for all upfront costs so the risks to the city are minimized. He noted the project would still be part of the tax increment financing district. Mr. Bob Sable, 5242 Quebec Avenue North, was recognized. He stated he served on the Livable Communities Task Force when the city gathered community input for the initial project. He recommended a similar process be followed for Phase III. He commented that the density will generate traffic problems and the character of the single family neighborhood is deteriorating. President Collier noted that a neighborhood meeting is planned for August 25. - EDA Meeting Page 3 Mr. Keith Pahl, 5432 Quebec Avenue North, was recognized. He stated he has not heard of one neighbor who is in favor of the project. He commented that the residents are being forced out of their homes. He objected to the use of Ryland Homes as they are not a Minnesota based developer. Commissioner Gwin-Lenth pointed out that the neighborhood is open to considering the project. President Collier interjected that a plan is not in August 9, 2004 DEVELOPMENT PROPOSAL Item 6 place at this time. Mr. John Westphall, 5437 Quebec Avenue North, was recognized. He stated he lives by Elm Grove Park and has experienced sewage entering his basement. He expressed concern regarding the increased population and potential for infrastructure problems. Mr. Vince VanderTop, assistant city engineer, explained that the city has reviewed the sanitary sewer in Phases I and II and the issue that creates the sewer backup is not related to the additional homes. He stated inflow and infiltration (improper sump pump discharge and storm water runoff) contributes to the problem. He suggested installation of a shut off valve if the problem at Mr. Westphall's home persists. Ms. Johnelle Opem, 2733 Zealand Avenue North, was recognized. She questioned the amount of taxes that would be paid to the general fund. Mr. Dan Donahue, city manager, stated the pre-development values will continue to be paid to the general fund. The value of the new development will continually increase and the additional taxes will be used to pay off the bonds. Mr. Mike Drenth, 7616 55th Avenue North, was recognized. He pointed out that proceeding with phase III will benefit the City of New Hope. He questioned where these residents were when the initial phases were constructed. He commented that the EDA needs to decide what is best for New Hope. Mr. Donahue stated the total cost of the eight appraisals is less than $4,000. A motion was made by Commissioner Gwin-Lenth authorizing the city manager to proceed with the appraisals after consensus of the EDA on design concepts. The EDA discussed postponing action for two weeks or taking action at the work session. Councilmember Gwin-Lenth later withdrew her motion. No vote was taken. Commissioner Gwin-Lenth urged the EDA to make a decision early enough to allow sufficient time to resolve possible design questions. President Collier indicated that a work session is planned tonight uPon adjournment of the EDA. The purpose of the work session is to discuss the Winnetka Green phase III expansion proposals. President Collier introduced Item 6, Discussion regarding concept development proposal by Ryland Homes for city-owned property north of C.P. Railroad; motion authorizing appraisal of property. Discussion on Item 6 was postponed until the September 13 meeting. EDA Meeting Page 4 August 9, 2004 OTHER BUSINESS Mr. Andy Hoffe, 4632 Flag Avenue North, was recognized. He asked a procedural question regarding whether public input would be allowed at the work session. ADJOURNMENT President Collier clarified that the standard practice of the council is to prohibit public input at its work sessions. Mr. Steve Sondrall, city attorney, pointed out that a work session is a type of a council meeting. He stated the city council is not required to take citizen input on any item other than a public hearing. The chair of the meeting can permit public input on other items, but it is not required. Motion was made by Commissioner Cassen, seconded by Commissioner Sommer, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 9:57 p.m. ectfully submitted, Valerie Leone City Clerk EDA Meeting Page 5 August 9, 2004 EDA O .CT OS Originating Department Approved for Agenda Agenda Section Community Development :.. ~.?~ 08-23-04 EDA Item No. By: Kirk McDonald, Director of CD By Amy Baldwin, CD Assistant PUBLIC HEARING: A RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND 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- I(SPECIAL LAW); CREATING TAX INCREMENT FINANCING DISTRICT NO. 04-2 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. (IMPROVEMENT PROJECT NO. 776) REOUESTED ACTION Staff and consultants are recommending that the New Hope Economic Development Authority approve the attached Resolution Modifying the Restated Redevelopment Plan and Tax Increment Financing Plans for Redevelopment Project No. 1 and 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); Creating Tax Increment Financing District No. 04-2 and Adopting a Tax Increment Financing Plan Relating Thereto. The resolution was prepared by Krass Monroe, the city's redevelopment financial consultant. Jim Casserly will be in attendance at the meeting to answer any questions on this matter. This step creates the Tax Increment Financing District related to the Project for Pride in Living project at 5501 Boone Avenue North. The EDA needs to approve this resolution making recommendations to the City Council prior to the City Council public hearing. POLICY/PAST PRACTICE The EDA and City Council have created tax increment financing districts in the past to" facilitate redevelopment projects. BACKGROUND Extensive background information is provided on this matter under the City Council public hearing request and i.._....~t is not the~e all of that information in this recl~est for action. I: \ RFA \ PLANNING \ Housin \ 5501 Boone\ Q-eda-TIF Public Hearin .doc Request for Action Page 2 08-23-04 Staff recommends approval of the resolution and forwarding the matter to the City Council for consideration at the public hearing. ATTACHMENT · Resolution NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION MODIFYING THE RESTATED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLANS FOR REDEVELOPMENT PROJECT NO. 1 AND 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); CREATING TAX INCREMENT FINANCING DISTRICT NO. 04-2 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the Board of Commissioners (the "Commissioners'') of the New Hope Economic Development Authority (the "EDA"), as follows: Section 1. Recitals. 1.01. It has been proposed that the EDA approve and adopt the proposed modifications to the Restated Redevelopment Plan (the "Plan") for Redevelopment Project No. 1 (the "Project Area") reflecting increased project costs, increased bonding authority and increased geographic area within the Project Area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, 469.124 to 469.134 and 469.090 to 469.108, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed that the EDA approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing TIF 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) (the "Existing TIF Districts") reflecting increased project costs, increased bonding authority and increased geographic area within the Project Area, pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.1799 and 469.090 to 469.!08, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed that the EDA approve the creation of proposed Tax Increment Financing District No. 04-2 (the "Proposed TIF District") within the Project Area and approve and adopt the 'proposed Tax Increment Financing Plan (the "Proposed TIF Plan") relating thereto pursuant to and in accordance with .Minnesota .Statutes, Sections 469.174 to 469.1799 and 469.090 to 469.108, and Laws of Minnesota 2003, Chapter 21, Article 10, Section 10, inclusive, as amended and supplemented from time to time. 1.04. The EDA has caused to be prepared and has investigated the facts with respect thereto a modified Plan for the Project Area and modified Existing TIF Plans for the Existing TIF Districts reflecting increased project costs, increased bonding authority and increased geographic area within the Project Area, and a Proposed TIF Plan for the Proposed TIF District defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1.05. The EDA has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Plan and Existing TIF Plans and the approval and adoption of the Proposed TIF Plan. 1.06. The EDA hereby determines that it is necessary and in the best interests of the City and the EDA at this time to approve and adopt the modifications to the Plan and Existing TIF Plans, to create the Proposed TIF District and to approve and adopt the Proposed TIF Plan relating thereto. Section 2. Findinqs. 2.01. The EDA hereby finds that the assistance to be provided through the adoption and implementation of the modified Plan, modified Existing TIF Plans and Proposed TIF Plan (collectively the "Plans") is necessary to assure the development and redevelopment of the Project Area. 2.02. The EDA hereby finds that the Plans conform to the general plan for the development and redevelopment of the City as a whole. 2.03. The EDA hereby finds that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. Section 3. Approvals and Adoptions. 3.01. The modifications to the Plan reflecting increased project costs, increased bonding authority and increased geographic area within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 3.02. The modifications to the Existing TIF Plans reflecting increased project costs, increased bonding authority and increased geographic area within the Project Area are hereby approved and adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. 3.03. The creation of the Proposed TIF District within the Project Area and the adoption of the Proposed TIF Plan relating thereto are hereby approved and 2 adopted by the Commissioners of the EDA and are forwarded to the New Hope City Council for public hearing, review and approval. Section 4..Filing of Plans. 4.01. Upon approval and adoption of the Plans, the EDA shall cause said Plans to be filed with the Minnesota Department of Revenue. AdoPted by the Commissioners of the EDA this YES: NO: ABSENT: day of ,2004. ATTEST: President Executive Director CERTIFICATION I, , Executive Director of the New Hope Economic Development Authority, County of Hennepin, State of Minnesota, do hereby certify that the foregoing is a true and correct copy of Resolution No. adopted by the EDA on the day of 2004. , Executive Director G :\WPDATA/NkNEW HOPE~21 \TIF/EDA RESOLUTION, DOC I I EDA REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 08-23-04 EDA Item No. By: Kirk McDonald, Director of CD By: RESOLUTION CALLING FOR PUBLIC HEARING REGARDING A PROPOSED TRANSFER OF REAL PROPERTY (5501 BOONE AVENUE NORTH). (IMPROVEMENT PROJECT NO. 776) ACTION REQUESTED Staff is requesting EDA approval of the attached resolution scheduling a pubhc hearing for the sale of City- owned property located at 5501 Boone Avenue North. The public hearing will be held on September 13, 2004. POLICY/PAST PRACTICE City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within the City. The EDA has been addressing the residential portion of this goal through the city's many development activities, including selling city-owned property for redevelopment. BACKGROUND Please refer to the attached correspondence from the city attorney. The city is required to conduct a pubhc hearing regarding the conveyance of property to PPL. This resolution schedules the public hearing for September 13. The redevelopment contract will also be considered at that meeting. Staff recommends approval of the resolution. i ATTACHMENTS · Resolution · City Attorney Correspondence (August 18, 2004) 70: a ,q h\RFA\PLANNING\Hoosin~\5501 Boone\O - Schedule PH for sale of F, roF, ert¥.doc RESOLUTION NO. 04 - RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING A PROPOSED TRANSFER OF REAL PROPERTY (5501 BOONE AVENUE NORTH) WHEREAS, the Economic Development Authority in and for the City of New Hope (the "EDA") is currently the owner of that certain real property located at 5501 Boone Avenue North (the "Property"); and WHEREAS, the EDA has reviewed various proposals over time regarding the feasibility of redeveloping the Property into a more productive use; and WHEREAS, it has been proposed by Project for Pride in Living, Inc. ("PPL") that the Property be redeveloped into an apartment and condominium site pursuant to a Contract for Private Redevelopment between PPL and the EDA; and WHEREAS, a proposal regarding authorization for a Contract for Private Redevelopment between the EDA and PPL is expected to be presented to the EDA in the future; and WltEREAS, the preliminary findings of the EDA indicate that transfer of the Property to PPL appears to be in the best interests of the City of New Hope and its people, as the transfer and subsequent redevelopment of the Property would further both the EDA's objectives and the objectives of the City of New Hope in creating the Restated Redevelopment Plan for Redevelopment Project No. 1 in the City; and WHEREAS, the preliminary findings of the EDA additionally indicate that transfer of the Property would advance the EDA's general plan of economic development for the City; and WHEREAS, the EDA has determined that it will hold a public hearing at its next regular meeting to determine if the proposed transfer of the Property is advisable. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That a public hearing on the proposed transfer of the land known as 5501 Boone Avenue North to Project for Pride in Living, Inc. be held at the regular meeting of the EDA scheduled for September 13, 2004 (the "Hearing Date"). 2. That the Executive Director, or his designated representative, publish notice of the hearing in accordance with the requirements of Minnesota Statutes Section 469.105. 3. That notice of the hearing indicate that the proposed terms and conditions of transfer of the Property to PPL are outlined in a draft Contract for Private Redevelopment, a copy of which is available to members of the public at the EDA offices. Adopted by the EDA this __ day of ,2004. Don Collier, President Attest: Daniel J. Donahue, Executive Director 2 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: 18 August 2004 To: Kirk McDonald Community Development Director City of New Hope From: Clarissa M. Klug Assistant City Attorney Re: 5501 Boone Avenue: Preparation for Public Hearing (Our File # 99.11309) Enclosed is a Resolution calling for a public hearing on the proposed transfer of Boone Avenue property to Project for Pride in Living, Inc. (PPL). Please note the following in connection with the Resolution: · Minnesota Statutes Section 469.105 authorizes the EDA to transfer real property after fn-st holding a public hearing. Published notice of the hearing is required at least ten, but not more than 20 days before the hearing. This timefi'ame will allow publication in the New Hope-Golden Valley Sun Post on August 26 and a hearing before the EDA at its regular meeting on September 13. Our office has prepared the required notice and will submit it to the Sun Post. The above-referenced statute states that "terms and conditions" of the proposed transfer must be available to the public at the EDA offices. This requirement can be met by having a copy of the draft Contract for PriVate Redevelopment available at the City information desk, and we have confirmed with Krass Monroe that they will supply an updated draft for these purposes. In terms of scheduling, it is our understanding that both Krass Monroe and PPL are comfortable with having the TIF District and plat matters presented to the EDA on August 26 and the Contract for Private Redevelopment presented September 13. Accordingly, the attached Resolution refers to the Redevelopment Contract as still in draf~ form. MEMORANDUM - PAGE As always, feel free to contact us with any questions or concerns. Enclosure Daniel J. Donahue (by e-mail, with enclosure) Valerie Leone (by e-mail, with enclosure) Steven Sondrall (by e-mail, w/o enclosure) Douglas Debner (by e-mail, w/o enclosures) Gay Greiter (with enclosures) P:~AttomeyXCmk\Client~\CN~99-11309\CNH99. 11309-007-Memo to Kirk McDonald re R~olution Calling for Hearing. doc MEMORANDUM- PAGE 2 EDA REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section / Item No. Kirk McDonald, Director By: Sha~ Siders, CD S~ecia~st By: 6 RESOLU~ON APPRO~NG P~C~SE AGREEMENT - 5207 PENNSYLVAN~ AVENUE NOR~ (~PROVEMENT PROJECT No. 775) REO~STED ACTION Staff requests Ci~ Co~cil approval of a resolution approv~g ~e purchase agreement for ~e proper~ located at 5207 Pe~sylv~a Avenue Nor~ for its appraised value of $80,000 POLICY/PAST P~CTICE Ci~ goal $2 is to pursue ~e ma~ten~ce ~d redevelopment of co~ercial ~d residential properties wi~ · e ci~. ~e Ci~ Co,cfi has been address~g ~e residential portion of ~s goal ~ough ~e ci~'s m~y hous~g activities, ~clud~g acqu~g properties &om wfl~g sellers ~ desi~ated redevelopment areas. BACKGROUND At its mee~g of J~e 28, 2004, ~e Ci~ Co,cfi au~or~ed staff to obta~ ~ appraisal of ~e proper~ located at 5207 Pe~sylv~ia Avenue Nor~. ~e Ci~ had recently received correspondence &om Mark S~tebeck, ~dica~g ~ ~terest ~ potenfia~y se~g ~ mo~er's proper~ at 5207 Pe~sylv~a to ~e ci~. Mr. S~tebeck ~dicated ~at ~e proper~ had fallen ~to disrepa~ ~d he has nei~er ~e ~ds nor ~terest ~ fix~g ~d ma~ta~g ~e properS. At its mee~g of July 26, 2004, ~e Ci~ Co,cfi au~or~ed st~f to enter ~to negotiations wi~ ~e proper~ o~er of 5207 Pe~sylv~a Avenue Nor~ for ~e p~chase price of $80,000. ~e purchase price of $80,000 was determ~ed by ~e appraisal completed by Greg CaH~ of Forsy~e Appraisals. ~s apPraisal was forwarded ~der separate cover at ~e Co,cfi mee~g of July 26, 2004. ~e o~er has agreed to a purchase price of $80,000. I:~A ~l~nin~housin~ 5207 ~ Q-~urchase a~eement Request for Action Page 2 8-23-04 At its meeting of August 9, 2004, the City Council adopted a resolution which directed the City Attorney to prepare a purchase agreement for the acquisition of the single family property located at 5207 Pennsylvania Avenue North. That agreement is attached. The purchase price of the property will be $80,000 less routine costs outlined in previously forwarded City Attorney correspondence as well as sealing the well on the property and payment of special assessments. The heirs will also sign a waiver of relocation benefits. Once acquired, the house will be demolished as the appraisal noted that the site is in overall poor condition and not marketable as is. Once demolished, City staff at the direction of the City Council will work to market the property to a single developer for the construction of a new market rate single-family home. The primary goal is to remove a dilapidated home and improve the neighborhood with a new structure. FUNDING Per direction from the City Council, the acquisition cost will be paid for with EDA funds, as the project will be market rate, not affordable and is not eligible for the use of CDBG funds. ATTACHMENTS · Resolution · Location Map · Purchase Agreement · City Attorney Correspondence CITY OF NEW HOPE EDA RESOLUTION NO. 04 - RESOLUTION APPROVING PURCHASE AGREEMENT 5207 Pennsylvania Avenue North BE IT RESOLVED, by the Economic Development Authority in and for the City of New Hope (EDA) as follows: WHEREAS, New Hope City staff have been in contact with Mark Smntebeck ("Owner"), one of the Owners of certain real estate known as 5207 Pennsylvania Avenue North (the "Property"); and WHEREAS, the Owner and his three sisters Melinda King, Michele Arnold and M. Sally Kerwood have acquired title to the Property by an Informal Deed of Distribution fi.om their mother's estate and are desirous of selling the property as soon as practical without incurring any further rehab costs or expenses given the current condition of the structure located on the Property, and WHEREAS, the Property is currently unoccupied and not habitable, and WHEREAS, the EDA has authorized and approved an appraisal of the property which was completed by Forsythe Appraisals, LLC as of June 30, 2004 indicating a market value for the property of $80,000.00, and WHEREAS, the Owner is willing to sell the Property to the EDA for the sum of $80,000.00 as set forth in the Purchase Agreement attached hereto as Exhibit A and incorporated herein by reference with the understanding this is an "AS IS" sale with the EDA assuming all responsibility for the condition, rehab or removal of the single family structure located on the property; and WHEREAS, the EDA hereby approves the Purchase Agreement, it being in the best interest of the EDA and the City of New Hope to purchase the Property from the Owners for the sum of $80,000.00, with other terms and conditions as set forth in the Purchase Agreement and to redevelop the Property in accordance with the City's scattered site housing program and policy. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference; That the purchase of the Property by the New Hope EDA fi.om Mark Stuntebeck, Melinda King, Michele Arnold and M. Sally Kerwood for the sum of $80,000.00, with other terms and conditions as set forth in the Purchase Agreement attached hereto as Exhibit A, is approved. i I The President, Executive Director and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the purchase of the Property in accordance with the Purchase Agreement attached hereto as Exhibit A. Dated the 23~d day of August, 2004. Don Collier, President Attest: Daniel J. Donahue, Executive Director P:k~.ttomey\Cnh ResolutionskOg. 11314-001-Reso Approv PA-S20? Pennsylvania Avenue.doc EXHIBIT A MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. PARTIES. This Purchase Agreement is made on August ,2004. by and between Mark Stuntebeck and Jane C. Stuntebeck, husband and wife; Melinda King, a single person: Michele Arnold and Gary, Arnold, wife and husband; and M. Sally Kerwood and Michael Kerwood, wife and husband. SELLER, and the Econormc Development Authority in and for the City of New Hope (New Hope EDA). a public body corporate and polinc under the laws of the State of Minnesota, of 4401 Xylon Avenue North. New Hope, Minnesota 55428. BUYER. 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: Lot 8, Block 4, Sunset Heights. Property Tax Identification Number or Tax Parcel Number 08-118-21-21-0044. located at 5207 Pennsylvania Avenue North, City of New Hope, County of Hennepin, State of Minnesota, 55428. 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered bv the last party signing to the otl~er party. This offer to purchase, unless accepted ~ooncr, ~,,~, ug w,,,~ ,~, 11:59 a.m. on ,2004, and in such event all earnest money shall be refunded to Buyer. 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the real property are included in this sale: garden bulbs, plants, shrubs, trees, storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built- in air conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, water softeners, built-in dishwashers, garbage disposals, built-in trash compactors, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches, security systems, and also the following property: None. 5. PRICE AND TERMS. The price for the real and personal property included in this sale is Eighty Thousand and 00/100 Dollars ($80,000.00) which Buyer shall pay as follows: Earnest money of $0.00 9 Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, 9 Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing, 9 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, 9 Other receipt -e...u:~. -2z ~----~-y ~-~ ..... ,~ag~a and $80,~0.00 cash, on 2004, the Date of Closing.; 6. DEED~T~LE ~E. Upon p~o~nce by Buyer, Seller shall execute and deliver a Genml W~nW ~ed, joined in by ~ouse, iffy, conve~ng ~kemble title of record, subject to: A. Building and ~ning laws, ordin~ces, state ~d fed~l re~lafions; B. Resffi~ions ~laang to use or i~rovem~t of ~e real pro~ ~out effective foffei~e pro,sloes; C. Res~afion of any mineral hgh~ by ~e S~te of Mi~eso~; D. Utiliw ~d ~amage easements which do not int~e ~ exis~g improvements; E. ~cepaons to title which consamte encmbmces, resections, or msem~ w~ch ~ve been disclosed to Buyer ~d accepted by Buy~ m ~is P~c~se A~eem~t: None. 7. 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 to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. If mx ~m:cm:n:: far :'ach :axes arc n~.: aa'ail:blt iszumn:: af thc :ax ::atemznt:~,. Seller represents the taxes due and payable in the year(s) 2004 will be FULL, tZ~R-T-~4gl~homestead classification., "-~ ~u;'cr :haT. g:: *:' share af th: taxa:. If th: :axes ~ ..... '~ Fa:,'aS!: in "~ '.,'car ......... as ~:::,':r'a ham:at:ad :a .ql: far ham:st:ad mx ::a.'----: f:r --....~:: [Strike one] .~n.,~D ~,7~,m, CrT · v. c~u.~ · UUnU~.'Tn:' /.C n~" '~U~" n*'Pt" n~' o, nc~r, / SELLER SHALL PAY ON DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. [S:N!:c ar.c] P. UYER $?_S. LL A££~?/IE / SELLER SHALL PAY ON DATE OF (.'LI./~IINI.~ ail other speciai assessments levied as of the date of this Purchase Agreement. rc,-:t. .... ~ ~r~ eus~ se~ra/s~, , SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this pur6hase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment shall be by payment into escrow of 1-1/2 times the estimated amount of the assessments.) As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Heanng of a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount oftbe assessment; or C. Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. reo-:~.~ a.':c] ~E ~'EP. £?~..LL A£SL?.S.E/SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes (including "Green Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of future real estate taxes or of furore special assessments. 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 9. SELLER'S BOIYNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the real property. Seller warrants that there is a fight of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall sUnqve the delivery of the Deed or Contract for Deed. 10. CONDITION OF PROPERTY. ;-'~- ~ ..... ...... ~,,~,~'~ ..... ~,~,.; ..... ~,, ,,,~ ~..,~"*-- of C}osmg. SeII~ s~ll ~move ail debris, ~d all pmonal prop~ not included in ~s ~le from ~e real pro~ ~fore ~ssession date. Seller has no ~owledge of~y Dutch elm dise~e, oak ~lt, or o~er dise~e of~y ~ees on ~e ~al pro~,. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from oi' on the real property by any person m violation of any law, nor of any underground storage tanks havmg been located on the real property at any time, except as follows: None. C. Seller's warranties and representations contained in this paragraph 10 shall surmve the delivery of the Deed er C~::~ac: £.~r Dz:d. Any action based upon these warrannes and representanons must be commenced within two years after the date on which the Buyer closed on the purchase of the real property. D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinances or lending regulations, Seller does not plan to have the property ~nspected. Statutory Disclosure. Pursuant to Minnesota Statutes sections 513.52 - 513.60 (effective January 1. 2003), Seller must provide a written disclosure [see (1) below], or Bayer must have received an inspection report [see (2) below], or Buyer and Seller may waive the written disclosure requirements [see (3) below]. Mmesota Statutes Section 513.57, Subd. 2. LIABILITY. A seller who fails to make a disclosure as requLred by sections 513.52 to 513.60 and was aware of the condition of the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action and recover damages and receive other equitable relief as determined by the court. An action under this subdivision must be commenced within two years after the date on which the prospective buyer closed the purchase or transfer of the real property. [Select only one of these three.'] 9 (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is attached. Seller shall correct in writing any inaccuracies in the disclosure as soon as reasonably possible before closing. Minnesota Statutes Section 513.55. GENERAL DISCLOSURE REQUIREMENTS. Subdivision 1. CONTENTS. (a) Before signing an agreement to sell or transfer residential real property, the seller shall make a written disclosure to the prospective buyer. The disclosure must mchide all material facts pertaining to adverse physical conditions in the property of which the seller is aware that could adversely and significantly affect: (1) an ordinary buyer's use and enjoyment of the property; or, (2) any intended use of the property of which the seller is aware. (b) The disclosure must be made m good faith and based upon the best of the seller's knowledge at the time of the disclosure. Minnesota Statutes Section 513.58. AMENDMENT TO DISCLOSURE. Subdivision 1. NOTICE. A seller must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seller learns that the seller's disclosure required by section 513.55 was inaccurate. Subdivision 2. FAILURE TO NOTIFY; LIABILITY. A seller who fails to notify the prospective buyer of any amendments to the initial disclosure required under subdivision 1 is liable to the prospective buyer as provided m section 513.57. 9 (2) Inspection Report. Buyer has received an inspection report by a qualified third-party. If a copy of the inspection report is provided to Seller, Seller shall disclose to Buyer material facts known to Seller that contradict any reformation in the inspection report. Minnesota Statutes Section 513.56 Subd. 3. INSPECTIONS. (a) Except as provided m paragraph Co), a seller is not required to disclose information relating to the physical condition of the real property if a written report that discloses the information has been prepared by a qualified third party and provided to the prospective buyer. For purposes of this paragraph, "qualified third party" means a federal, state, or local governmental agency, or any person whom the seller, or prospective buyer, reasonably believes has the expemse necessary to meet the industry standards of practice for the type of inspection mvesnganon that has been conducted by the third party in order to prepare the written report. (b) A seller shall disclose to the prospective buyer material facts known by the seller that contradict any information included in a written report under paragraph (a) ifa copy of the report is provided to the seller. : (3) Waiver of Disclosure. 1 I Minnesota Statutes Section 513.60. WAIVER. The written disclosure reqUU'ed under sections 513.52 to 513.60 may be waived if the seller and the prospective buyer agree in writing. Waiver of the disclosure reqmred under sections 513.52 to 513.60 does not Wmve, limit, or abridge any obliganon for seller disclosure created by any other Seller and Buyer waive the written disclosure required under sections 513.52 to 513.60. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE SELLER: SEE ATrACHED EXECUTION PAGE BY: Don Collier. President BY: Daniel J. Donahue. Executive Director Other than the warranties and representations made in this paragraph 10, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or limit an)' provisions cfMmn. Stat., Chapter 327A.) 1i. DISCLOSURE OF NOTiCES. Seller has not :cceived any notice from any governmental authonW as to violation of any law, ordinance or regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 12. TRUTH-IN-HOUSING. Buyer acknowledges receipt of the Truth-in-Housing Disclosure Report or other inspection report if required by the municipality in which the real property is located. 13. POSSESSION. Seller shall deliver possession of the property not later than the Date of Closing. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties as of the Date of Closing. 14. EXAMINATION OF TITLE. ,r~ ~ .......... ...................... ~_cc_~ptancc ~ ,~.~. n...~.~ A~'ecmcnt, Sc!let zha!! ?rn,.!zh E'.:;'cr ':.':.th a.': Abz~ac: cfTitl. cra RcF, izt~cd Prc~c.'.y ~:~act cc~.Scg tv d.::c Lncludlng prc~c, zc:rchcz ccvc~ing ~cnla-uptc!cz and :tr. tc and Abz,~.act cit~:: :c ha;-c ~u:,'er'~ la;;5-c: cxs.--..'.'.~c thc ~tlc ........... , ....... ~_ ' ' - ..il ...... ac:cc pc!:cy -I~.*SEE PARAGRAPIt 25 ADDITIONAL TERMS 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make rifle marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (I0) business days, notify Buyer of Seller's intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed. ' A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Seller proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the following: 4 (1) Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of cUnng objections to title, and consequential damages are excluded): or (b) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer: (3) Damages from Seller together with costs and reasonable lawyer's fees. as perrmned by law: (4) Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as pertained by law: (1) Cancel this contract as provided by statute and retam all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note gnven pursuant to this contract is a aown payment note, and may be presented for payment notwithstanding cancella~on; (2) Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as perrmtted by law. E. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable lawyer's fees; (2) Seek specific performance within six months after such right of action arises. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. ~'~-;. .................. v, ..... ' '~ ..........· a~rc;~.3. $c!]zr ';,'a:''''~ .... ~n, ,~ ~ .... 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 19. WELL DISCLOSURE. [Check one of the followingl 9 Seller certifies that Seller does not know of any wells on the real property. : Wells on the real property are disclosed by Seller on the attached Well Disclosure Form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B] A. : Seller certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution Control Agency (for example, a city or municipal sewer system). B. 9 Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Conn-ol Agency and Seller's Disclosure of Individual Sewage Treatment System is attached (attach form). [Check either C or D] C. : Seller does not know if there is an abandoned individual sewage system on the property. D. 9 Seller knows that there [strike one]: are/are no abandoned individual sewage treatment systems on the property. If Seller discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map. [~lttach Seller's Disclosure of Individual Sewage Treatment System with map completed.] 21. LEAD PAINT DISCLOSURE. [Check one of the following] I 9 Seller represents that the dwelling was co~cted on the real property m 1978 or later. : Seller represents that the dwelling was construed on the real property before 1978. (If such housing is located on the real properly, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978'.) 23. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form 116-M, 117- M. or 118-MI Affidavit of Seller. 24. CLOSING. Closing shall be at the ......... ^w.__ ~c e~.. .... .... ~ ~...9,~_, o__.,.. ...... '0o "'~.. .... in:urer, zr at .... .... ct.her mu:aatly ..... ~'~ ' .... ;~- rS:acc -"~ .... ~ ......... r~- New Hope City Hall, 4401 Xylon Avenue North, New Hope, Minnesota 55428. At closing~ Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 25. ADDITIONAL TERMS: *Buyer shall obtain, at Seller's expense, a comrmtment for an Owner's Policy of Title Insurance on a current ALTA form issued by an insurer licensed to write title insurance in Mumesota. Seller shall be responsible for payment of those costs necessary to prepare such Commitment, including but not limited to abstracting fees, name search fees, service charges, etc. Buyer shall pay the premium for the Owner's Policy of Title Insurance. Buyer shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Comrmtment and written objections. Buyer shall be deemed to have waived any title objections not made within the ten (10) day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. This Purchase Agreement is subject to the terms of Exhibits A and B attached hereto as addenda. 26. ADDENDA. Attached are 5 addenda which are made a part of this Purchase Agreement. (Exhibits A and B, Signature Addendum, Well Disclosure and Private Sewer Disclosure.) 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 28. MULTIPLE ORIGINALS. Seller and Buyer have signed 3 originals of this Purchase Agreement. ITHIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING~ cONSTULT A LAW~'ER. t Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract. These are questinnn for your lawyer. SELLER: I agree to sell the property for the price and terms and conditions set forth above. SEE ATTACHED EXECUTION PAGE This Purchase Agreement was prepared by: JENSEN & SONDRALL, P.A. BUYER: I agree to purchase the property for the price and terms and conditions set forth above. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Date: August ,2004. By: Don Collier, President Date: August ,2004. By: Daniel J. Donahue, Executive Director [ 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 Others who will assist Seller or Buyer with this transaction: Lawyer for Buyer: Steven A. Son&all, #103391 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, Minnesota 55428 (763) 424-8811 Listing Agent and Broker for this transaction are: N/A Selling Agent and Broker for this transaction are: N/A Buyer's Title Insurer: Old Republic National Title In. su.~ance Comvany 400 Second Avenue South Minneapolis, Minnesota 55401 [1994; Rev. 1996; Rev. 1997; Rev. 2002] P:LAttomey'~l LB~ 1 -Client Folde~'N hnO9- I 1314 ~99. l 1314-00 ! -Residential PA.doc ADDENDUM TO PURCHASE AGREEMENT This Purchase Agreement and addenda may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one A~eement. Delivery of an executed counterpart of this Agreement by facsimile shall be deemed deliver5., of the original hereof. EXECUTION PAGE THIS EXECUTION PAGE IS ATTACHED TO AND FORMS A PART OF THAT CERTAIN PURCHASE AGREEMENT DATED EFFECTIVE THE __ DAY OF AUGUST, 2004, CONSISTING OF __ PAGES, EXCLUSIVE OF EXHIBITS AND EXECUTION PAGES. SELLER: SELLER: Date: Aug'es! '"ha , -~'-,~, .. Date: August .2004. Mark Stuntebeck Jane C. Stuntebeck SSN: SSN: Address: Address: Date: August ,2004. Melinda King SSN: Address: Date: August ,2004. Date: August ,2004. Michele Arnold Gary Arnold SSN: SSN: Address: Address: Date: August ,2004. Date: August .... 2004. M. Sally Kerwood Michael Kerwood SSN: SSN: Address: Address: P:L~.ttomey~JLB\l-Client Foldera~CNH~99-11314\99.11314-002-Addendum to PA-Execution Page.doc EXHIBIT A ADDITIONAL TERMS RELATING TO THE PURCHASE AGREEMENT FOR 5207 PENNSYLVANIA AVENUE NORTH 1. Closing Costs. Seller acknowledges that they shall be responsible for Payment of the following costs in addition to those set forth in the Purchase Agreement on the sale of the above Property: a.) b.) state deed tax, cost of securing a title commitment as set forth in Paragraph 25 of the . Purchase Agreement, c) all recording fees necessary to render marketable title to the Property, d.) all unpaid special assessments as set forth in Paragraph 7 of the Purchase Agreement. 2. Closure of Water Well. Seller acknowledges and agrees they shall be responsible for all costs to seal the water well on the Property prior to Closing. Seller agrees they will provide the Buyer with a sealing record or affidavit that the water well has been legally sealed and abandoned. The affidavit shall be prepared by a licensed water well contractor, as required by the Minnesota Department of Health, and provided to the Buyer prior to Closing. The Closing on the sale shall be delayed if Seller is not able to provide the Buyer with the water well sealing affidavit prior to Closing. Buyer, at its sole option, may proceed with the Closing and retain funds from Seller to be held in escrow by the Buyer to properly seal and abandon the water well if Seller has not produced the requested documentation. The escrow shall be for one hundred fifty (150%) of the Buyer's estimated costs, as determined by the Buyer. Buyer may complete the Closing, take possession of the Property and cause the water well to be sealed. Buyer may reimburse itself from the funds in escrow held from the proceeds payable to Seller at Closing. Any monies remaining in escrow after the Buyer's costs are reimbursed shall be immediately paid to Seller. If this option is elected by the Buyer, the work shall be performed by the Buyer within a reasonable time after it acquires possession of the Property. 3. Lead Based Paint Inspection Waiver. Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. P:~Attomey~SAS\l Client Files~2 City of New Hope\99-11314(5207 Pennsylvania)~Exhibit A-Additional Terms2.doc EXHIBIT B ACKNOWLEDGMENT AND WAIVER BY OWNERS The owners (the "Owners") of the property known as 5207 Pennsylvania Avenue North, New Hope, Minnesota (the "Property"), acknowledge that they have been informed in writing of the following: The City of New Hope (the "City") operates a scattered site housing program, involving the acquisition of certain properties in the City. The City will be negotiating with the Owners for the acquisition of the Property by the City. No specific property has to be acquired. It is not required that the City purChase the Property. e The Property is not part of an intended, planned or designated project area where all or substantially all of the property within the area is to be acquired within a specific time limit. If the City is unable to reach a mutually satisfactory agreement on the terms for the purchase of the Property after negotiations with the Owners, the City will not be acquiring the Property through any other means, such as condemnation. The City has informed the Owners that the fair market value of the Property is $80,000.00. The City has submitted a purchase agreement to the Owner for said price. In consideration of the City proceeding with the purchase of the Property from the Owners, the Owners confirm that this proposed purchase is a voluntary transaction, and the Owners hereby waive all rights they have to relocation benefits under the Code of Federal Regulations, 49 CFR Part 24. The Owners also affirmatively represent and warrant to the City that there are no persons or entities with current or future tenancy or leasehold rights in the Property. Dated: Dated: Dated: Dated: Dated: Dated: Dated: DOUGLAS J. DEBNER2 GORDON L. JENSEN~ CLAmSSA M. KLUG 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 2Admitted in Iowa 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 August 17, 2004 Mr. Mark Stuntebeck 3430 France Avenue North Robbinsdale, MN 55422 -Re: Purehase Agreement for 5207 Pennsylvaifi~A-venue North Our File No. 99.11314 Dear Mark: Please find enclosed for your review a Minnesota Standard Residential Purchase Agreement with the following five addenda: e Signature Addendum to Purchase Agreement. Exhibit A - Additional Terms Relating to the Purchase Agreement for 5207 Pennsylvania Avenue North. Exhibit B - Acknowledgment and Waiver by Owners. Well Disclosure Statement. Private Sewer System Disclosure. As we discussed, the City of New Hope is willing to purchase this property from you and'your siblings for $80,000.00, as set forth in the Purchase Agreement. I am enclosing four copies of the Addendum to Purchase Agreement. This Addendum can be sent out to your sisters for their signatures and the signatures of their spouses. All parties can then sign the document and fax me a copy of the original document at 763-493-5193. I will need to receive by mail the original signed copies as well. It is my understanding there is a well currently in use on the property. Regarding the Well Disclosure Statement, please check the "in use" box on line 32 of the document, and sign the document on line 54. It does not need to be signed by your other siblings. I will accept your signature for the purposes of the information enclosed on that document. Further, please attempt to draw on the location map where the well is located on the property. With respect to the Private Sewer System Disclosure, I am assuming you are unaware of any such system and therefore you can check box 30 on the document. You should then sign line 77 of the document and return this document to me. Again, your siblings do not need to sign this document, and I will accept your signature for purposes of the disclosure required by the Private Sewer System Disclosure Statement. If I can receive this information back from you within the next week, this matter can be placed on the August 23, 2004 City Council Agenda for approval. Subsequent to that approval, we should be able to arrange for a closing on this property just as soon as the title work is prepared and completed by Old Republic Title Company. If you have any questions about the enclosed documents or the procedure to acquire your property i I August 17, 2004 Page 2 by the City, please do not hesitate to contact me. Very truly yours, Steven A. Sondrall, City Attomey, City of New Hope Enclosures cc: Kirk McDonald (w/encs.) P:La. ttomey~SAS~I Client Filcs~ City of New Hope~99-11314(5207 Pennsylvania)~Stuntebeck Ltx2 re PA.doc