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HomeMy WebLinkAboutContract 1614 SALE AND DEVELOPMENT AGREEMENT RELATING TO 3913 Polk Street NE 4401 Quincy Street NE BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS, THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS AND TWIN CITIES HABITAT FOR HUMANITY SALE AND DEVELOPMENT AGREEMENT AGREEMENT, made and entered into this 7 da of /-' ' ? 2001, by and bet~veen the City of Columbia Heights ("City"), the Economic b~V~opment Authority of Columbia Heights ("EDA"), and the Twin Cities Habitat for Humanity ("Developer"); WITNESSETH THAT, in the joint and mutual exercise of their powers and in consideration of the mutual covenants contained herein, the parties recite and agree as follows: SECTION 1. RECITALS. 1.01 The Property. a. The EDA now owns the property located at 3913 Polk Street NE, Columbia Heights, Anoka County, Minnesota (see Exlfibit A). b. The City is currently in negotiations for the purchase of the property located at 4401 Quincy Street NE, Columbia Heights, Anoka County, Minnesota (see Exhibit B). 1.02 Facilities and Project. Developer in accordance with City approval plans to construct three (3) owner occupied residential dwellings on the property referenced herein. Developer shall provide the EDA with a copy of its plans and specifications including but not limited to details on the style, exterior architectural features, materials and color selections of the dwellings to be constructed, which plans and specifications shall be submitted to the EDA for review and approval prior to any conveyance of the property to Developer. SECTION 2. SALE/PURCHASE OF PROPERTY. 2.01 Sale. a. The EDA agrees to sell the property located at 3913 Polk Street NE to Developer and Developer agrees to purchase said property from the EDA for the purchase price of $1.00. The sale and transfer of said property shall be by Quit Claim Deed, with a memorial on said deed evidencing this Agreement. The agreement to sell contained in this subsection is contingent upon the City approving the purchase and sale of the property located at 4401 Quincy Street NE. b. The City agrees to sell the property located at 4401 Quincy Street NE to Developer and Developer agrees to purchase said property from the City for the purchase price of $35,650. The sale and transfer of said property shall be by Quit Claim Deed, with a memorial on said deed evidencing this Agreement, and made contingent upon Council approval for the purchase of said property and approval of an ordinance authorizing the actual land transfer. SECTION 3. DEVELOPER'S REPRESENTATIONS. and covenants to the EDA and City that: Developer hereby represents, warrants 3.01 Construction. Developer shall complete these residential dwellings within twelve (12) months from the date of closing. 3.02 Compliance. Developer will comply with and duly and promptly perform all of its obligations under this Agreement and all related documents and instruments. Developer shall also comply with all City and State codes/ordinances. 3.03 HOME Protram Compliance. Developer shall comply with all HOME Program requirements, which compliance shall survive this Agreement. SECTION 4. DEVELOPER'S UNDERTAKINGS. 4.01 Demolition. Developer will be responsible for removing any existing structure, foundation and debris from the property at 4401 Quincy Street NE and will be responsible for utility severance in the boulevard. 4.02 New Construction. Developer shall be solely responsible for the construction, marketing and sale of the dwellings on the properties subject hereto. 4.03 Floor plan. Developer will be responsible for submitting to the EDA, and obtaining pre-approval of the floor plans and front evaluations of the dwellings to be constructed on the properties subject hereto. Said pre-approval must be obtained prior to the conveyances of the properties to Developer. 4.04 Fees and Charges. Developer will pay, when due, all permit fees, connection charges, user charges or other charges lawfully imposed by the City with respect to the properties. Upon conveyance of the properties by the City and EDA, Developer agrees to be responsible for payment of all recording fees and transfer taxes resulting from the transfer of these properties. 4.05 Existing Improvements. The Developer will be responsible for all water and sewer services required for development of these properties.. SECTION 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. 5.01 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. 5.02 Special Assessments. City/EDA shall pay on the date of closing all pending, levied or certified special assessments. SECTION 6. DEFAULT. 6.01 default. Default. The failure to meet any condition of this Agreement shall be an event of 6.02 Remedies. If an event of default occurs and is not cured within 30 days of receiving written notice of said default, the non-defaulting party may take one or more of the following actions: a. suspend performance under this Agreement; b. terminate this Agreement, thereby rendering void any promises or approvals contained in this Agreement. SECTION 7. NOTICES. Ail 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 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 EDA: Economic Development Authority of Columbia Heights 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 Developer: Twin Cities Habitat for Humanity In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized officers effective the day and year first above written. Gary L. PeJtkrrson, Mayor Walter R. F~h}{, ~ity M~nager ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS Walter R. Pei{st, Exe~'utive Director TWIN ~C!TIES HABITAT FOR HUMANITY By: ~ By: STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this U ~ day of ~u_,~ :~4 ,2001, by Gary L. Peterson and Walter R. Fehst, the Mayor and'City Manager, resp'0cti~ely, of the City of Colmnbia Heights, a municipal corporation under the laws of the State of Minnesota. Notary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ~ ~ day of [k~,.e.~ , 2001, by Waiter R. Fehst and Robert R. Ruettimann, the Executive Director and President, respectively, of the Economic Development Authority of Columbia Heights, a under the laws of the State of Minnesota. ,}2' ~':~]~,av Comm ExD ~lan al 2005~otary Public STATE OF MINNESOTA) )SS COUNTY OF ANOKA ) ~h The foregoing instr~ur~ent was-ackn,o, wledged before me this day of ~t~,~F , 2001, bY an~.~,.k~ (~)ot.?, ,f!/" and .,the , respectively, of Twin Cities Habitat for f the State,~f Mi~esota. Hum~i~, a co~oration m~der the laws~~~{.~0~ ~ ~]~.~ Notaw Public ~ 122593 I 5 s~_~t~$ 31-M- QUIT CLAIM DEED Minnesota Uniform Conveyancing Blah 'ks (I/15/97) Miller/Davis Co. © St. Paul, MN 651-642-1988 Corporation, Parmership or Limited Liability Company to Corporation, Partnership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) fried ( ) not required Certificate of Real Estate Value No. (Date) County Auditor by Deputy DEED TAX DUE: $ 1,65 Date: ,2001 FOR VALUABLE CONSIDERATION, (reserved for recording data) Columbia Heights Economic Development Authority a publicl>ody co~arate and politic under the laws of Grantor, hereby conveys and quitclaims to Twin Cities Habitat for Humanity, Inc Minnesota Grantee, a corporation under the laws of real property in Anoka County, Minnesota, described as follows: Lot 30, Block 1, Walton's First Subdivision of Reservoir Hills, City of Columbia Heights Minnesota Subject to the terms of the SALE AND DEVELOPMENT AGREEMENT relating to 3913 Polk Street and 4401 Quincy Street by and between the City of Columbia Heights, the Economic Development Authority of Columbia Heights and Twin Cities Habitat for Humanity, Inc. together with all hereditaments and appurtenances. Check box if applicable: ~ The Seller certifies that the seller does not know of any wells on the described real property. [] A well disclosure certificate accompanies this document. ~ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously fried well disclosure certificate. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Affix Deed Tax Stamp Here STATE OF MINNESOTA '~. ss. COUNTY OF Kobert W. Rueffiinann Its Presiderft// .-~ Walter tr. Feh-sf Its Executive Director This instrument was acknowledged before me on 5~ ~'~ c,._ t~.. 2Z(~ by Robert W. Ruettimann and the President and of Columbia Heights Economic Development Authority ,2001 (Date) Waiter R. Fehst Executive Director a public body com. orate and politic under the laws of on behalf of the public body co. orate and nolitic _ ~o~-.~,~ s~.~ o,, S,~A~ (o~ o~. ~.~,~ o. ~ ' ('~ Minnesota THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Charles M. Seykora BARNA, GUZY & STEF?EN, LTD. 400 Northtown Financial ?laza 200 Coon Rapids Boulev ~rd iviim~eypOlis, iviN 55433 3894 ,2 763-780-8500 153199 SIGNATURE OF NOTARY PUBLIC OR/dOTHER OFFICIAL Check here if part or all of the land is Registered (Torrens) [] Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): Twin Cities Habitat for Humanity, Inc. 3001 Fourth Street S.E. Minneapolis, MN 55414 The total consideration for this transfer of property is $500 or less. WARNING: UNAUTHORIZED COPYING OF THIS FC tM PROHIBITED. s~$~' ll7-M--Corporation Mi~esota Uniform Convey~cing Blanks (1978) Miller/Davis Co. © St. Paul, MN 651-642-198/3 STATE OF MINNESOTA COUNTY OF Affidavit Regarding Corpt ration Robert W. Ruettimann and Walter P.~ Fcic* being first duly sworn, on oath says(s) that: - 1. (They are) (- .... .l~-i~) the President and the Ex¢.;utive Director respectively, of Columbia Heights Economic Development AuthoriW a public body eom. orate and politic under t~e laws of Minnesota ~at-ion-, the corporatiOn named as in the document dated as Document No. Page of Grantor 2001 , , and filed for record : 2001 (or in Book. of ) in the Office of the (County Recorder) (Registrar of Titles) Anoka County, Minnesota. Said corporation's principal place of business is at 590 - 40th Avenue N.E., Columbia Heights, MN 55_421 and said corporation's previous principal place(s) of business during the past ten years (has) (lmve-)-been at: 590 - 40th Avenue N.E., Columbia Heights, MN 55421 There have been no: a. Bankruptcy or dissolution proceedings involving said corporation during the time said corporation has had any interest in the premises described in the above document ("Premises"); b. Unsatisfied judgments of record against said corporation nor any actions pending in any courts which affect the Premises; c. Tax liens filed against said corporation; except as herein stated: None 4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar names, during the time period in which the above named corporation had any interest in the Premises, are not against the above named corporation. 5. Any judgments or tax liens of record against corporations with the same or similar names are not against the above named corporation. 6. There has been no labor or materials furnished to the Premises for which payment has not been made. 7. There are no unrecorded contracts, leases, easements or other agreements or interests relating to the Premises except as stated herein: None 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: None 9. There are no encroachments or boundary line questions affecting the Premises for which Affiant(s) (has) (haw) knowledge. Affiant(s) know(s) the matters herein stated are true and make(s) this Affidavit for the purpose of inducing the passing of title to the Premises. Subscribed and sworn to before me this 2_(0 ~ dayof ~ ~_~-~ ~.o-~ ~ ~_~- , 2001 (Ye~) SIGNATURE OF NOTARY PUBLI HER OFFICIAL NOTARIAL STAMP OR SEAL (OR OTHER TrrLE OR RANK) :,,'~'~"-'_~av- .r ....... ., V. MUSCO L ~,_ .¢ ':~ ~'~,~}NOTARY PUBLIC-~.,'~INNES0TA ~ '.Z._~kqy Comm. Exp. Jan. 3'i 20r..5 ¢: THIS LNSTRUMENT WAS DRAFTED BY (NAfi. LE AND ADDRESS): Charles M. Seykora BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 763-780-8500 153199 WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. State of Minnesota Affidavit Regarding Corporation County of Hermepin Stephen Seidel and Julie Gugin , being first duly sworn, on oath say(s) that: 1. (They are) the __ President and the Vice-President , respectively, of Twin Cities Habitat for Humanity, Inc., a non-profit corporation, the corporation named as grantee in the document dated September 25 ~, 20__01 ., and filed for record _, 20 as Docmrnent (or in Book of Page ( ) in the Office of the (County Recorder) (Registrar of Titles) of Anoka County, Minnesota. 2. Said corporation's principal place of business is at 3001 - 4th Street S.E. Minneapolis, MN 55414 and said corporation's previous principal place(s) of business during the past ten years (has) (have) been at: 3001 42 Street SE. Minneapolis, MN 55414. 3. There have been no: a. Bankruptcy or dissolution proceedings involving said corporation during the time said corporation has had any interest hq the premises described in the above document ("Promises"); b. Unsatisfied judgments of record against said corporation nor any actions pending in any courts, which affect the Premises; c. Tax liens filed against said corporation; except as herein stated: 4. Any bankruptcy or dissolution proceedings of record against corporations with the same or similar names, during the time period in which the above named corporation had any interest in the Premises, are not against the above named corporation. 5. Any judgments or tax liens of record against corporations with the same or similar names are not against the above named corporation. 6. There has been no labor or materials furnished to the Premises for which payment has not been made. 7. There are no unrecorded contracts, leases, easements or other agreements or interests relating to the Premises except as stated herein: 8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document except as stated herein: 9. There are no encroachments or boundary line questions affecting the Premises of which Affiant(s) (has) (have) lmowledge. Subscribed and sworn to before me This 2_/-r'~ day of ~<A~__,~, 20 C) SIGNATURE OF NOTAI~PUBLIC OR OTHER OFFICIAL Affiant(s) know(s) the matters herein stated are tree and make(s) this Affidavit for the purpose of inducing the passing of title to the Premises. Ste~ eidel,~Pre si~cl~t Ju]le ~gin,-XYic~-eresi-de tm,~ NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR BANK) a ~- '~{[~t,.j aY COMMISSION ~ ~~ EXPIRES JAN. 31,2005 ,,,.,I THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Twin Cities Habitat for Humanity 3001 - 4th Street S.E. Minneapolis, MN 55414 Twin Cities HABITAT FOR HUMANITY Building Community 3001 Fourth Street SE Minneapolis MN 5541.4 612 331-4090 Fax 612 331-1540 w~wv. tchabitat.org September 24, 2001 To whom it may concern: The undersigned, as Buyer of the property located at: 3913 Polk Street NE. Columbia Heights, MN Legally described as: Lot 30, Block 1, Walton's 1st Subdivision of Reservoir Hills, Anoka County, Minnesota. Hereby authorize Matthew Z. Soucek, Real Estate Associate for Twin Cities Habitat for Humanity, Inc., to sign any and all documents on our behalf in connection with the closing of the above property, including, but not limited to: Bill of sale for personal property F.N.M.A. affidavits or other agency's affidavits Lender and title company affidavits Escrow assignment authorization letters for lenders Various assumption forms from lenders HUD~I closing statements Compliance agreements Escrow agreements Homestead letters The exception to this authorization are deeds to transfer title to the property, mortgage notes and mortgage deeds. TWIN CITIES HABITAT FOR HUMA_NITY, INC. BY: STATE OF MINNESOTA COUNTY OF HENNEPIN Su~, r~bed and sworntto-before__~ this /~ ~,dayof By '- N~t~w blio7 ' ,2001