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HomeMy WebLinkAboutContract 1635SALE AND DEVELOPMENT AGREEMENT RELATING TO 4656 Monroe Street NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND JON AND TINA FOSS AND NEDEGAARD CONSTRUCTION COMPANY, INC. SALE AND DEVELOPMENT AGREEMENT This Agreement, made and entered into this 20th day of November ,2001, by and between the City of Columbia Heights ("City"), Jon and Tina Foss ("Foss"), and Nedegaard Construction Company, Inc. ("Nedegaard"); WITNESSETH WHEREAS, City owns certain real estate located at 4656 Monroe Street, N.E., Columbia Heights, Minnesota, and legally described below; and WHEREAS, Foss wishes to purchase said property and City has authorized the sale of said property to Foss by Ordinance No. 1443; and WHEREAS, Foss desires to have Nedegaard, and Nedegaard so desires to construct a single family residence for Foss on said property; and WHEREAS, the parties hereto wish to define their respective rights, duties and obligations related to the sale, purchase, and home construction on said property. NOW, THEREFORE, in consideration of the mutual promises and the respective agreements contained herein, the parties hereto agree as follows: SECTION 1. SALE/PURCHASE OF PROPERTY 1.01 Sale. a. City hereby agrees to sell and Foss hereby agrees to purchase the following described real estate located in the City of Columbia Heights, State of Minnesota, to wit: Lot 9 of Sheffield Acres, except the Westerly Seventy feet thereof, Anoka County, Minnesota. Subject to road and utility easements over and across North 15 feet and East 15 feet, except the Westerly Seventy feet thereof. b. The purchase price for the subject property shall be the sum of Thirty- seven Thousand and 00/100ths Dollars ($37,000.00) payable at Closing. c. The sale and transfer of said property shall be by Quit Claim Deed, with a memorial on said deed evidencing this Agreement. d. The closing shall be on or before 12/5/01 SECTION 2. CONSTRUCTION 2.02 Single Family Home. a. Nedegaard, in accordance with City approval of the plans and specifications as set forth in Exhibit A, agrees to construct for Foss a single family residential dwelling on the subject property. b. The above referenced plans and specifications, including but not limited to details on the style, exterior architectural features, materials, and color selections of the home to be constructed, shall be submitted to City for review and approval prior to any conveyance of the property to Foss. c. Nedegaard shall begin construction on said residential dwelling as soon after closing as is practicable, with construction to be completed within twelve (12) months from the date of this Agreement. d. Nedegaard/Foss will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the subject property. SECTION 3. CITY UNDERTAKINGS 3.01 Existing Improvements. The City hereby assures that water and sanitary sewer services are stubbed to the boulevard of the subject property. Said services were newly installed as part of the area street reconstruction/improvement project, at a cost of $3,130. Nedegaard~oss hereby agree to reimburse City for said installation costs at the time of closing. SECTION 4. MARKET VALUE 4.01 Minimum Value. Foss acknowledges that the determining factor in City deciding to sell the subject property to Foss was the final market value representation of Two Hundred Twenty-five Thousand Dollars ($225,000). Accordingly, Foss hereby agrees that for purposes of calculating the ad valorem property tax for the subject property, a minimum value of $225,000 shall be used for said purposes (which value includes the combined value of the real property and the improvements constructed thereon). If the assessor determines that the combined value of land and improvements is in excess of $225,000, then such higher value shall be used to calculate the ad valorem property tax. SECTION 5. SURVEY 5.01 Registered Survey. Prior to the issuance of any building permit hereunder, Foss shall provide to City a Registered Survey of the subject property. SECTION 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS 2 6.01 Real Estate Taxes. Real estate taxes due and payable in and for the year of closing shall be prorated on a calendar basis to the actual date of closing. 6.02 Special Assessments. Foss shall pay all pending, levied or certified special assessments as they may become due and payable. SECTION 7. INCIDENTAL EXPENSES 7.01 Buyer's Obligation. All expenses of examination of title, transfer tax, preparation and recording of deed, appraisal, closing fees, lot survey, etc. will be the sole responsibility of Foss/Nedegaard. SECTION 8. DEFAULT. 8.01 default. Defined. The failure to meet any condition of this Agreement shall be an event of 8.02 Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the City may take one or more of the following actions: suspend performance under this Agreement terminate this Agreement, thereby rendering void any promises or approvals contained herein seek specific performance of the promises and obligations contained in this Agreement SECTION 9. NOTICES 9.01 Notice. All notices hereunder shall be in writing and either delivered personally or mailed by certified mail, postage prepaid, addressed to the parties at the following addresses: City: City of Columbia Heights ATTN: City Manager 590 - 40th Avenue NE Columbia Heights, MN 55421 With copy to: James D. Hoeft, Esq. Bama, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55433 FOSS: Jon and Tina Foss ~ 721-/~'?'~ Nedegaard: Nedegaard Construction Company, Inc. SECTION 10. RECORDING 10.01 Recording. The parties hereto agree that this Agreement shall be recorded against the subject property with all of the conditions and obligations contained herein, which shall survive closing and mn with the property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and year first above written. CITY OF COLUMBI~ ~ BY~~c~er~s c/n,~a~c~~g~za::~ Walter R. Fehst, City Manager Tina Foss NEDEGAARD CONSTRUCTION COMPANY, INC. By: STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this t ~.'b- day of /-~e-ce_~.-k g~ 2001, by Gary L. Peterson and Walter R. Fehst, the Mayor and City Manager, respectively, of the City of Columbia Heights, a municipal corporation under the laws of the State of Minnesota. STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ~(~._~ , 2001, by Jon Foss and Tina Fd'ss. STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) :' ~,~?. dayof Notary P fi4:~f~:c ~ %~}[&%~' My Oomm Exp. Jan. 31, The foregoing in,strument was acknowledged before me this /4,3-- day of ~- , 2001, by ~, ¢_/~a¢c.~,,-cL and , the (~/z.¢-~. and ' ' - ~ ., respectively, ofNedega~d Cons~ction Comply, hc., a co¢oration ~der the laws of the State of Mi~esota. 137542 1 Notary Public QUIT CLAIM DEED Corporation to Joints Tenants j No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. by County Auditor Deputy STATE DEED TAX DUE HEREON $ (reserved for recording data) Date: ,2001 FOR VALUABLE CONSIDERATION, City of Columbia Heights, Minnesota, a Municipal Corporation under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Jon M. Foss and Tina L. Foss, husband and wife Grantees, as joint tenants real property in Anoka County, Minnesota, described as follows: Lot Nine (9), Sheffield Acres, EXCEPT the Westerly Seventy (70) feet, according to the plat thereof on file and of record in the Office of the Register of Deeds of said Anoka County. Subject to easements of record. Subject to the terms of the SALE/DEVELOPMENT AGREEMENT dated November 20, 2001 The Seller certifies that the Seller does not know of any wells on the above described real property. together with alt hereditaments and appurtenances belonging thereto. STATE OF MINNESOTA COUNTY OF ANOKA City of Columbia Heights, ~ a Minnesota municipal corp, bratioh,, By GaryL. Peter~)n - - - Its: Mayor , .,. _ ~.~,. Walter R. Fehst Its: City Manager The foregoing was acknowledged before me this I ~-~ day of .~)6.-c~_ ~,,...~ r.-v.-' ,2001, by Gary L. Peterson and Walter R. Fehst, the Mayor and City Manager, of the City of Columbia Heights, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. THIS INSTRUMENT WAS DRAFTED BY: City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 (763) 706-3675 Tax Statements for the real property described in this instrument should be sent to: Jon M. and Tina L. Foss 6921 - 147th Avenue N.W. Ramsey, MN 55303