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121294 EDA CITY OF NEW HOPE EDA AGENDA EDA Regular Meeting #16 December 12, 1994 President Edward J. Erickson Commissioner W. Peter Enck Commissioner Gerald Otten Commissioner Terri Wehling Commissioner Marley Williarnson 1. Call to Order 2. Roll Call , 3. Approval of Minutes of November 28, 1994 4. Public Hearing - Resolution Authorizing Sale of 7109 62nd Avenue North to Daren Mattson (Improvement Project No. 511) 5. Motion Approving Concept Design for the Twin Home to be Built at 5009 Winnetka Avenue North (Improvement Project No. 505) 6. Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH HENNEPIN COUNTY, MINNESOTA 55428 Approved EDA Minutes November 28, 1994 Meeting //15 CALL TO ORDER President Erickson called the meeting of the Economic Development Authority to order at 8:11 p.m. ROLL CALL Present: Erickson, Enck, Otten, Wehling, Williamson Staff Present: Sondrall, Donahue, Leone, McDonald, Bellefuil APPROVE MINUTES Motion was made by Commissioner Otten, seconded by Commissioner Enck, to approve the EDA minutes (Regular and Executive Session) of November 14, 1994. Voting in favor: Erickson, Enck, Otten, Wehling; Abstained: Williamson. Motion carried. IMP. PROJECT 511 President Erickson introduced for discussion Item 4, Resolution for Item 4 Authorization to Publish Notice and Hold Public Hearing Regarding Sale of 7109 62nd Avenue North (Improvement Project No. 511). Mr. Dan Donahue, City Manager, stated the public hearing will be held December 12, 1994. EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its 94-12 adoption: "RESOLUTION FOR AUTHORIZATION TO PUBLISH NOTICE' Item 4 AND HOLD PUBLIC HEARING REGARDING SALE OF 7109 62ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 511)." The motion for adoption of the foregoing resolution was seconded by Commissioner Otten, and upon vote being taken thereon the following voted in favor thereof: Erickson, Otten, Enck, Wehling, Williamson; and the following voted against the same: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. ADJOURNMENT Motion was made by Commissioner Wehling, seconded by Commissioner Williamson, to adjourn the meeting. All present voted in favor. The New Hope EDA adjourned at 8:15 p.m. Respectfully submitted, Valerie Leone City Clerk EDA IIII REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager ED^ /~ 12-12-94 Sarah Bellefuil Item No. By: Administrative Analyst By: 4 PUBLIC HEARING - RESOLUTION AUTHORIZING SALE OF 7109 62ND AVENUE NORTH TO DAREN MATTSON (IMPROVEMENT PROJECT NO. 511) The City purchased the property at 7109 62nd Avenue North in October, 1993, from HUD for $36,263. Prior to the purchase, the property had been vacant for over a year and was in need of substantial rehabilitation. During the summer and fall of this year, this property was rehabilitated for the total cost of $31,885. Both the purchase and rehabilitation of the property was funded through a MHFA Blighted Residential Property Acquisition and Rehabilitation. Program grant, CDBG Scattered Site Housing funds, and EDA funds. In October the City put the house up for sale for $59,900. The house was sold using a lottery system with New Hope residents having first option in the lottery. The winner of the lottery was long time New Hope resident Daren Mattson. Daren is a first-time home buyer and is currently working with Marquette Bank New Hope to secure a MHFA first-time home buyer loan. The Executive Director of the EDA and Daren have entered into a Purchase Agreement which has been attached (see Exhibit A). The City Attorney has prepared the enclosed resolution which approves the sale and authorizes the President and Executive Director of the EDA to take whatever steps are necessary to complete the sale, including the signing of the deed and any other documents Staff recommends that the EDA approve the resolution which authorizes the sale of 7109 62nd Avenue North to Daren Mattson for $59,900. The proceeds from the sale of the property will be used to fund other housing rehab projects in the City. Review: Administration: Finance: RFA-O01 ~ CORRICK & SONDRALL, P.A. ~.~o~m~ ATTORNEYS AT LAW UlCH~;L R, ~L~S ~inburgh Executive Office Plaza w~cu~ c. sm~ 8525 E~brook Crossing Sui~ ~203 ~r~kl~ Park, M~neso~ 55~3 TE~E (S12) 4~5~1 December 7, 1994 Mr. Daniel J. Donahue Executive Director EDA in and for the City of New Hope 4401 Xy]on Avenue North New Hope, MN 55428 RE: Sale of 7109 62nd Avenue North Our File No: 99.11132 Dear Dan: The sale of the property at 7109 62nd Avenue North is scheduled for a public hearing at the EPA meeting on December 12th, 1994. If the EPA decides to approve the sa]e, it would be appropriate to pass the enclosed Resolution which approves the sale and authorizes you and Ed to take whatever steps are necessary to complete the sale, including the signing of the deed and any other documents. Do not hesitate to contact me if you have any questions. Sincere]y, Enclosure cc: Kirk McDonald (w/eric) Valerie Leone (w/enc) Sarah Bel]efui] (w/enc) Steven A. 'Sondral], Esq. EDA RESOLUTION 94- RESOLUTION AUTHORIZING SALE OF 7109 62ND AVENUE NORTH TO DAREN MATTSON WHEREAS, the Economic Development Authority in and for the City of New Hope (the EDA) is the owner of certain real property known as 7109 62nd Avenue North, to be legally described as: Lot 1, Block 1, Cameron Addition, Hennepin County, Minnesota (the Property), and WHEREAS, the Property consists of real estate improved by a single-family house and detached garage, and WHEREAS, the Property is in a designated blighted area of the City, and WHEREAS, at the time of its acquisition the Property was substandard in that it was obsolescent, and WHEREAS, the Property has been improved and is now available for sale, end WHEREAS, the EDA staff has been working with Hennepin COunty and the Minnesota Housing Finance Agency to sell the Property to a first time home buyer who may otherwise not qualify for a mortgage to purchase the Property, and WHEREAS, the EPA has entered into a Purchase Agreement with Paten Eric Mattson, a copy of which is attached hereto as Exhibit A, and WHEREAS, said Purchase Agreement is contingent upon approval of the governing body of the EPA, and requires Daren Mattson to qualify as a buyer under the Minnesota Housing Finance Agency's full time home buyer program, and WHEREAS, the EPA has authority to sell the Property under Minn. Stat. §§469.001, 469.105 and 469.029, and WHEREAS, on November 30th, t994, notice was published in the New Hope-Go]den Valley Sun-Post regarding a public hearing on the sale of 7109 62nd Avenue North, and WHEREAS, the sale of the Property to Daren Eric Mattson is in the best interest of the City of New Hope and its people and furthers its general plan of economic development. 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. 2. That the sale of the Property to Daren Eric Mattson in accordance w~th the terms of the Purchase Agreement attached hereto as Exhibit A ~s approved. 3. That the President and Executive D~rector are authorized and d~rected to s~gn a deed and any other documents, and to take such other action as needed to complete the sale of the Property to Daren Eric Mattson in accordance with the terms of said Purchase Agreement. Dated: Edw. J. Erickson, President At t est: Daniel J. Donahue, Executive Director MINNESOTA.. STANDARD RESIDENTIAL PURCHASE AGREEMENT '; Copymgh~: 1988 by Hennep,n County Bar Association M~nneapohs. M,nnesota BEFORE YOU USE OR SiGN THIS CONTRAC'E ¥'OU SHOULD CONSULT ,NITH AN ATTORNEY TO DETERMINE THAT ~IS ADEQUATELY PROTECTS YOUR LEGAL RIGHTS Henneom County Bar Assoc aliGn discialms any liability arfsmg out o! ,use 3f !h,s 'orm 1. PARTIES. Th~s Purchase Agreement ~s made on November !9 9__4 sy and {Name~ EConomic m~velo~nt Authority in and for the City of New Hope of (Addressl 4401 Xylon Avenue No., New Hope, MN 55428 , SELLER AND {Name) maren Eric Mattson ~ftenancy-,n-common ,s menaec OF (Address) 2701 Hillsboro Avenue No., Apt. 305, New Hope, MN 55427 BUYER 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as Lot l, Block i of the proposed Cameron ~dition ' located at (Street Address) 7109 62nd Averse North City of Nmw ~[~? County of~[;[~ZS,~3.~, State of Minnesota 3. ACCEPTAN~ DEAOMNE. ~s o~w~g purchase, unless accepted sooner, shall be nult and void at t1:59 PM. : (date) ~ov~r ~; i~ and in such event ail earnest money shall be refunded to Buyer. ': 4. PERSONAL PROPER~ AND FIXTURES INCLUDED IN SALE. The following items of personal property and fixtures owned b~ Sel~er and ; currently Iocat~ on the prope~ are included in this sale [ ?--~ ~' '~- ..... ~. :~,.~: ~, plants, shrubs, trees, storm wmdows and ~ ~ insets, sto~ doors, sc~ens, - attached lighting fixtures with bulbs, plumbing fixtures, ' ~ ~, water heaters, heating systems, ' 6 .... yens and c~king stoves, hob-fans, i~, installed caroling, work benches, 2¢ ~oltowingprope~ refri~reter, ~eeh~ ~ 2" Upon delivery of the deed, Seller shall also deliver a Bill of Sale for the above ~rsonal pmpe~. 22 ~~~ ~R~~MS. The price for the real and ~,sona, pmpe~ includ, in this sale is ~--"~ollars 24 which Buyer shall pay as follows: Earnest money of $~ by ( ~ receipt of which is hereby acknowl~Qed (to be de.sited the next business d~ after a~ep~ce iq ~s~ account of listing broker, unless othe~ise ~ specifi~ in writing) and $ q~.~ cash on daRua~ 5U~ 1 99~ , the DATE OF CLOSING, and the balance of $ ~8; ~- ~ by financing as shown on the BEached Financmg Addendum. 28 6. DEED/MARKETABLE ~TLE. U~n pedorman~ ~ Buyer, Seller shall ex.ute and deliver a ~rR1 Warran~ 29 Deed, j ' ' ' conv~ing mametable title, subj~ to: 3C (A) Building and zoning laws, o~inances, state and federal r~ulations; 3~ (B) Restrictions relating to use or improve~nt of the pm~ without eff~ti~ fode~um provisions; 32 (C) Rese~ation of any mineral dghts ~ the S~te of Minne~ta; 33 (D) Utili~ and dr~nage e~en~ wh~h do ~t intedem with existing impm~ments; 34 (E) ~ceptions tO title whi~ ~nstitute encumbrance, restri~ions, or easemen~ which have b~ di~los~ to Buyer and acceEed 35 ~ Buyer in t~is ~rch~e Agr~ment; (Must ~ s~ifi~ in writing.) 36 37 38 7. REAL ESTATE T~ES AND SPECIAL A~SES~ME~. Real estate t~es due and payable in and for the year of closing shall ~e prorate~ 39. ~n Seller ~d B~er ~ a ~ar year ~sis to ~e a~u~ date of closi~, unle~ o~e~ise provid~ in this Agreement. 40 [ Str~ke out o~e ........................ ~R ~ ~Y on Date of Closing all ~nstailments 41 of s~ial ~men~ ~ ~r p~ment ~th the real ~tate t~es due ~d p~le in the year of cloang. 42. [Stnke out one]~2 ............ ~ I ~ ~ ~y ~ ~ ~ ~1~ all o~er s~ial ~ssments levied as of the date of this 43 agre~ent. 44 [ Stoke out one] .............. ~l I ] R ~ PR~ F~ ~ ~ s~ial a~ssments ~nding as of the date of this 45 ag~nt for im~me~s ~at ~ ~n o~er~ ~ the Ci~ Cou~il or o~er go~nmental a~essing outcries, (Seller~ provision for payment 46 shal ~ ~ ~y~t into ~ ~ 1~ ~s the e~mat~ ~nt of t~ a~ments.) ~ of ~e date of this Agreement. Seller represents that Seller 47 ~s ~t r~e~ a N~e of He.rig of a n~ pu~ impm~ment pr~ from any governmental assesang authod~, the costs of which protect may ~ ~ a~s~ agan~ ~e pro~. If a s~81 a~ment ~mes ~ding ~ the date of this Agreement and ~f~ ~e date of closmg, Buyer 49, may, ~ 50. A, Assume ~t ~ ~ ~ndiflg ~ial ~ment w~ut adjustment to the pu~e ~m~t ~ce of the pmpe~; or, 51 53. ' ........... 54 [ Srr~e out one] ~~ ~ ~Y any defeff~ mai es~e t~es or s~ial assessments 55. pay~t of ~h is ~ui~ ~ a ~uE of the closing of this sale, 56 Buyer sh~l ~y m~ es~te t~es due a~ payable in ~e year fol~i~ c~sing a~ thereafter and any unpaid ~ial assessments ~ therew,m 57. ~d t~a~ec the ~me~ of wh~h is ~t oth~i~ pmvid~ ~ein, ~ller waffants ~at t~es due a~ payola in the year(s) 58. will ~ ( ~ULL. PA~N-tstale which) homestead cl~fficafion. ~ler makes no repm~n~on ~ncerning the ~ount of future real estate t~es 59. or ~ futu~ ~ial ~n~. ~. & DAM~ES ~ REAL PR~ER~ If the real pm~ is substantial~ damag~ prior to closing, ~is Agreement shall terminate and the earnest 61. ~ shal ~ refund~ to Buyer. I~ ~e re~ p~ is dama~ materi~N but less than substanti~ly prior to closing. Buyer may rescin~ ~h~s 52. ~r~ W no~ to Seller w~hin ~ne (~) days after ~ller notifies Buyer of such damage, dud~ which 21 ~ay peri~ Buyer may respect 63. ~ mai pm~, and in the even of such remission, the ear.st money shal ~ refu~ ~ Buye[ ~ 9. S~L~'S BOUNOA~ MN~ ACCE~ RES~O~ AND MEN WARRA~ES. Seller warran~ that bui~ings, if any. am entirely within 65 ~e ~und~ lines of ~e pm~. ~ller wa~ants ~at them is a right of ac~ to ~e mai pro~ from a public right of way, Seller warrants that 66. ~ere h~ ~n ~ I~r ¢ me.rial ~rnish~ to the pm~ for which payment has not ~e~ made, Seller warrants that them are no present 67 violates of a~ ~tr~ions mlati~ to the u~ or improvement of the pm~. ~e~ wagon,es shall surwve the deli~ry of the deed or contract for 58 d~. 10. CON.ON ~ PROPE~ Seller w~an~ that all ~plian~s, fixtures, hea~ng and air ~iBoni~ ~uipment wiring, and plumping used and I~at~ on the pm~ am in ~ing order on the da~ of cDsing, Seller [ S~e o~e ]~ ~ had a wet oasement or water in me basement Seller dialogs that the r~f [ Srr'ke c~e~ ~ le~. ~ller waffants ~at the pro~ is conn~ to: ciW sewer (YE~ ciW water (YE~ c~le ~ ~). ~ller shall remove all debris and ~1 personal pro~ not included in this sa~ from the pm~ before ~ossesmon -3 date. ~ler h~ not r~i~ any noti~ from any governmental aut~d~ as to the existe~e of any dutch elm disease, oak wilt. or other disease of 74 any t~s on the pm~. ~e ~s ~ e~s ~ e o~ ~5 Seller~ warranties and representations contan~ in this paragraph 10~all su~ive ~ d~o~ ~ or Cont~o~, prov,~e~s~ 76 any notice of a def~t or claim of breach of warran~ must be in writing one given ~ Buyer to Seller within one year of the date of closing or ~e deemed 77 waive. 78 Buyer shall ha~ the right to h~e insets of the prope~ conducted pr~ to closing, Unless r~uired by I~al ordinance or lending regulabons, 79 ~ller d~s not pl~ to have the pro~ ins~. ~her than the representat~ns made in ~is p~graph 10. the pmpe~ is ~ing sold '*AS IS" w~th ~ express or impli~ repmsentatDns or warranties by Seller ~ to phys~al conditions, quali~ of construction, wo~manship, or fitness for any pa~icular pu~. (This paragr~h is not intended to waive or m~i~ any provisions of MINN. STA~, Choler 327A.) EXHIBIT "A" MiNNr_..~%, iA ~ IANUA~J H~--.hiOt_.N ¢iAL PU~(.;I-IA..%~ AGREE. MENL PAGE 2 11. DISCLOSURE OF NOTICES· Seller qas not received any notice from any governmemal authority as to ¢~ota:lon of any ,aw hon If [he property ,s SubleCt to reslnchve covenants. Seller nas not received any not,ce !rom any person as to a ~reacn cf :ne 12. TRUTH-IN-HOUSING. Buyer acknowledges receipt of the Truth-~n-Housmg Disclosure Report or other ~nspectlon report ,f reou,rec ~pahty ~n which the proper~ ,S located· !3. POSSESSION. Seller shall deliver eossess~on of the property not later than d~.y of closing. All ~nterest, !u~el o~1. liquid petroleum gas, and all charges for city water· city sewer, electricity, and natural gas shall be prcrafeo part~es as of 14. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer w~th an Abstrac~ of Title or a Registered Property AOstract certified to date ~ncluding proper searches covenng bankruplcies and State and Federal judgments, liens, ano awed and pending speoal assessments· Buyer shall have ten ~' tO) bus,ness days after receipt of the Abstract of Title or Registered Property Abstract el:~er to have Buyers attorney examine the tide and provide Seller w~th written obiectlons or, at Buyer's own expense, to make an application for a Title Insurance Policy and notify Seller of the application. Buyer shall have ten t 10) business days after receipt of the Commitment for Title Insurance to provide Seller w~th a copy of the Commitment and written objections Buyer shall be deemed to have waived any title oblect~ons not made wrthln the applicable ten f 10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed uniess a Warranty Deed is not specified above. , 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title oblections to make title mametaPle Upon - - receipt ol Buyers title objections, Seller shall, wdhin ten ti0) business days, notify Buyer of Seller's intention to make titfe marketable withm the 120 ' day period. L~ens or encumbrances for liquidated amounts which can be reteased by payment or escrow from proceeds of closing shall not delay the , closing. Cure of the detects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required ~ereln and !he closing shall be postponed ' _~ A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishmg that ·; 5 title has been made marketable, and if not objected to m the same time and manner as the original title objections, the closing shall take place ' L* within ten (10) business days or on the scheduled closing date, whichever is late[ ' E 5 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 Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and '~* earnest money shall be refunded to Buyer. t~ :;5~ 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 · ,3~ marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: I ' ' 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: ' ~ 3 (b) Undertake proceedings to correct the objections to title; ' ! 4 2. Rescission of this Purchase Agreement by not,ce as provided herein, in which case the Purchase Agreement shall be null and ~oId ' ' 5 and all earnest money paid hereunder shall be refunded to Buyer; ~lts in an of the agreements herein, Seller may elect either of * · ,9 D. If title is marketable, or is made marketable as proviceo e e , y y ~ ~ 9 the following options, as permitted by law: ~ 20 1, Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge ~ 2 ! their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding ! 22 cancellation: '23 2. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as · 24 permitted by law. ~ 25 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 ~ 26 faw~ t28 2. Seek specific performance within six months after such right of action arises. ~ 29 TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. ~ 30 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 13 ~ if mailed, are effective as of the date of mailing. ~32 t?. AGENCY DISCLOSURE. (Name of ~ ~ or sellin~ I~,o~er) ~0 AGENT DIS- t33 CLOSES HE OR SHE IS REPRESENTING THE (BUYER OR SELLER) IN THIS TRANSACTION. THE LISTING ~34 AGENT OR BROKER DISCLOSES THAT HE OR SHE IS REPRESENTING THE SELLER IN THIS TRANSACTION. SELLER'S /1~ . SELLER'S BUYER'S ~1 J J BUYER'S INITIALS ~/~'~' (oaa) ' feats) (Oate!t t 35. 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and *,36 obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be ~ 37 approved for recording as of the date of closing. 138 19. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. ~3g 2~. ADOITIONALTERMS. ]~e$ interest in t-hi~ Purchased AEt-¢~.~nt .~hm11 ~ot he ,4o or. transferred in an~ manner whatsoever. ~,~..~%is Purchase Agreement is contingent upon approval bF Seller's governing body. ~42. S--ller certifies that Seller does not kno~ of am/ wells on the described real property. · ~ ~m~ tssing the ~A ?~ret ~m~ hr,~ buyer program am detailed on the attached financing ~ ~d~h~. If BLuer does not mo qualify, thim A~re~t sh~4 be null and void. * 46 21. ADDENDA. Attached are (number) ~- addenda which are made a part of this Agreement THIS IS A LEGALLY BINDING CONTRACt. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law permits Ilcenlld real e~tat~ brokere and eelal agents to prepare purchaae agreements. No recommenda- tion or repreeentatton ia made by either the listing broker or selling broker ae to the legal sufficiency, the legal effect, or the tax coneequences of thie contract. These are questlona for your lawyer. I agree to sell the property for the price and I agree to por(~hase the property for the price and terms and conditions set forth above. terms and co~i~,~ns set forth ~ -I-t~ ExecutiVe"Director Closing shall be at the office of: Name tO be selected by Seller Address ¢"~701 ~;IJ~O A¢~ ~ ComDanvlFirm Name City A)[ I,J ~"~ * m~ FINANCING ADDENDUM FHA INSURED MORTGAGE '' 1. Date Nov~r , 1994 2. Page 1 of 1 Pa~es 3. ~dendum to Purchase Agreement between parties dated Nov~r 1~ 94 pe~aining to the purchase 4. and ~le of the prope~y at 7109 62nd Avemt[e ~or~.~ Ne~ Hope, 6. Buyer will apply for and secure a~ Buyer's expense a~ F~A INSURED ad,gage in the amount stated in 7. Purchase ~reement amortize0 monthly over a period of not ~ore than 30 years with interest at no more 8. than 7. percent per annum, ~der the first t~e home buyer pro~r~ with ~'A. 9. MOP,GE APPLICATION: T~e mortgage application IS TO BE MADE WITHIN FIVE BUSINESS DAYS a~er the 10. acceptance of this Purchase AGreement. ~uyer agrees (o use best offorts [o secure a commitment for 11 soc~ finar~cing and to execute all documents required to consummate said f~nar,cin~. In the event ~uyer cannot secure 12 a commitment for said ad,gage, this aGreemer~t shah become null sod voiO and earmos~ ~oney psi0 by the Buyer shatl be 13. refunds0 [o ~uyer; Buyer and Seller agree to sign a Cancellation of Purchase Agreement. 14 MOP, GE INSURANCE PREMiOMS: Pursuan{ to Federal Regulations. a one time Uo~gage Insurance Premium (MIP) 15. must be paid at the closing of this transaction. It is understood by ~eller eno ~uyer t~s Purchase Agreement subject to the one time Uo~gage Insurance Premium. as aP01icable and determined by the lender. The saiO Mo~a~e 17. Insurance Premiu~ will increase the ad,gage a~ount unless oaiO in cash at ~he'closimg. This provision may not 18. ~plicaOle to condominium transactions. 19. DISCOUNT POINTS: Uo~Gage discount points not to exceeo 2.0 u~ of the toter of the mortgage amount including 20. Ul~ if aOOed to mortgage, shall be 0aiO as follows: 21. 0 paid by Buyer. [NOTE: Do not exceed maximum Seller~ ~. 2.0 paid by Selle~ ~ Jc°ntrtbuti°n allowed by FHA. 23. LOCKIN~OATING OF MOP, GE INTEREST RATE AND DISCOUNT POINTS: ~eller and Buyer agr~ the ad,gage 24. in(crest rate an00iscount ~ints shall be LOCKED / ~. on the date of application. In the even~ t~e ~o~gage interest rate and discount ~[n~ are to be floated, it s~all De tree sole discretion of SEELER / BOYER to I~k in the ad,gage interest 26. rate and discount points. In the event Seller has sole discretion tO lOCK ad,gage interest rate and discount points, Buyer 27. ages to sign lender's I~k-in ~um~ imm~iately u~n notification f~m Selle~ In the event t~e dissent ~i~s charg~ the lender are tess than t~e discount ~[nts agreed to a~ve, the discount ~ints fiat s~all ~ c~arged to SE~/~ ~d the balance chargeO ~ the ot~r pa~y. FHA COMMITMENT WORK ORDERS: Nothing in this Purchase Agreement shall be construed as a wa~anty that the 31. Seller will make re0airs required by tho FHA co~mdmen~. However. the Seller agrees to Oay up to $ u 32. to ~ake repairs as required by t~e ~HA c(:~mmitmont, tf the FHA commit~e~t is subject to any work orOers for which the cost of making saiO repairs shaU exceed t~is amount, the Seller shall have the following options: 34. (A) Making the necessary repairs; or 35. (B) Negotiating the cost of making said repairs with the Buyer; or 36. (C) Oeclaring the Purchase Agreement null and void and earnest money oaid shall be refunded to the Buyer: 37. Buyer eno Selter agree to sign a Cancellation of the Purchase Agreement. 38. ~NOHR PROCESSING FEES.' Seller agrees to pay miscellaneous ~r~essing fees which t~e lender cannot charge to Buyer. not to exce~ · 40. FHA ES~P~ C~AUSE: "It is expressly agreed that, notwithstanding any other provisions of this contract, the purchaser 41. shall not be oOiigated to co~olete the purchase of the property described ~erein or to incur any penalty by forfeiture 42. of earnest ~oney deposits or otherwise, unless Seller has delivered to t~e purchaser a written stateme~t issued by 43. FeOeral Housing Commissioner setting torth the.appraised value of the prope~y (excluaing closing costs) of not less 44. than S_ 59,9~. ~ which statement Seller hereby agrees to make available to the purchaser. The purchaser 45. s~all. ~owever. have the oriviiege and option of proceeding with the consummation of the contract without rogarO to the 46. amount of the appraised valuation maOe by the Federal Housing Commissionec 47. "THE APPRAISED VALUATION IS ARRIVED AT TO DETERMINE THE MAXIMUM MOntAGE THE DEPARTMENT OF HOUSIN~ AND URBAN D~VELOPMENT WILL INSURE. HUD DOES N~ WARRANT THE VALUE OR THE 49. CONDITION OF THE PROPERI'Y. THE PURCHASER SHOULD SATISFY HIM/HERSELF THAT THE PRICE AND 50. ~NDITION OF THE PROPER~ ARE ACCE~ABLE." 51. OTHER: ~c~s~ cov~s ~ a~ees ~o ~e ~ pro~rty for s~le f~ly resid~ce ~poses o~y. the City of New. Hope ~ ~I[s Exe~ve Director ) ~.~ ~o~ THt~ lB A LE~gLY BINDINO CONTRA~ ~ETWEEN ~UY~S AND SELLERS. U~U-U~-S~ ~Xl US:Ua ?,02/02 , NOTICE OF PUBLIC HEARING PER MINN. STAT. CHAPTER 429 AUTHORIZING SALE OF PROPERTY AT 7109 62ND AVENUE NORTH ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE Notice is hereby given that the Economic Development Authority in and for the City of New Hope, Minnesota, will. meet on the 12th day of December, 1994, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider sale of the following described property to Daren Eric Mattson: 7109 62nd Avenue North New Hope, MN 554Z8 (Lot 1, Block 1 of proposed Cameron Addition) The public may see the terms and conditions of the sale at the City Hall and that at said public hearing, the Economic Development Authority will decide if the sale is.advisable. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the sale of the described property. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 28th day of November, 1994. s/ Valerie J. Leone Valerie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 30th day of November, 1994.) EXHIBIT A ~ EDA ) REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section City Manager EDA -12-94 Sarah Bellefuil Item No. By: Administrative Analyst By: 5 MOTION APPROVING CONCEPT DESIGN FOR THE TWIN HOME TO BE BUILT AT 5009 WINNETKA AVENUE NORTH (IMPROVEMENT PROJECT NO. 505) The City of New Hope purchased the property located at 5009 Winnetka Avenue North from HUD on February 7, 1994. Since the time of purchase, the City has prepared the site for the construction of a handicap accessible twin home. During the past several weeks, the City has been working with Equal Access Homes to design a twin home plan that is fully accessible to individuals with disabilities. Two proposed plans for the twin home are attached. Access will be from the north via 51st Avenue. Each unit will be 1235 square feet and have an oversized two car garage. Each unit has two bedrooms, one bathroom, a kitchen, laundry room, living room, and dining room. Attachment 1 shows a list of accessibility features that are included in the design. Equal Access Homes has developed two designs for the City's consideration. The floor plan for each design is identical but Option 1 includes a gable roof over each garage and Option 2 includes a single hip roof over both garages. The estimated cost of construction is $155,000. This amount does not include any of the options listed on Attachment 2. If the city wishes to include any of the options then the cost must be increased by the listed amount. The $155,000 cost does not include any landscaping, curbcuts, the driveway and sidewalk, or service hook-up. This project is being financed from the proceeds from-the sale of the twin home, HOME, CDBG, and EDA funds. Staff recommends Option 2 (hip roof style) for construction at 5009 Winnetka Avenue with the inclusion of a bay window (as seen on Option 2). The reason for this recommendation is because option 2 presents a more balanced design and complements the architecture of the surrounding neighborhood. In addition, the bay window breaks up the wall facing Winnetka Avenue and increases the visual appeal of the twin home. MOTION BY //-/J/'-/~-~//Z/-~rT"~ SECOND BY ~/~-~ To: Review: Adrninlstrat. ion: Finance: RFA-O01 PITCH: 4&5 BACK . '12 12 4 FRONT. Option I PITCH' 4&5 SIDE 12 · WINNETKA SIDE Option 1 PITCH: BACK . II II II II II II II II II II II II ~UUUWWL _IL FRONT. Option 2 PITCH: & 4&5 Ii [I ,tit ii~,[[lai [ii ~ t~ i;.-'.' ."q N ...... I I~--Z~ SIDE '12 WINNETKA SIDE Option 2 NEW HOPE -- 5009 Winnetka Accessibility Features 1. No ramps or steps at entries. 2. Covered front entry area. 3. Three foot doors (minimum) at all entries and through-out the home. 4. Maintenance free siding. 5. Pocket doors at laundry room location and the entrance to the accessible bath from the bedroom. 6. Five foot turning radius noted per/plan. 7. Tall casement windows with tandem latches. 8. Lever handles. 9. Escape door off one bedroom. 10. Garage door opener. 11.7'6" high garage door -- 24' x 24' over-size garage. 12. 150 AMP service. 13. Lower electrical breaker panel. 14. Rocker switch thru-out. 15. Kitchen with counter front outlets and switching locations for hood fan/light, disposal, and kitchen sink light. 16. Poll in shower with hand held shower controls. 17. Accessible type faucets. 18. Master bath with abrasive floor tile. ' 19. Reinforcement in master bath walls for grab bars now and in the future. 20. Four grab bars in each unit. 21. Custom base cabinets with custom counter top heights. 22. Roll under vanity and kitchen sink. 23. Pull out shelves and a pair of lazy susans in kitchen. Attachment 1 Options (per unit): Bay window with roof: $960.00 Whirlpool bathtub: $990.00 Cost for cedar fence rather than matching partition wall: ($120.00) Additional cost for aluminum siding: $370.00 Additional cost for steel siding: $1340.00 Additional brick on side of garage: $550.00 Additional brick surrounding twin home: $5000.00 Dog house style gas fireplace w/window above: $3650.00 Full gas fireplace with siding: $4575.00 Full wood burning masonry fireplace: $5150.00 Attachment 2