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HomeMy WebLinkAboutContract 1753i~10~'$~3-M - WARRANTY DEED Minnesota Uniform Conveyancing Blankg (6/1/97) Individual(s) 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) Count3, Auditor by Deputy DEED TAX DUE: $ 445.50 (reserved for recording data) Date: July 26, 2001 FOR VALUABLE CONSIDERATION, Andre Zurhey and Phylli.g J. Zurbey: husband and wife Grantor, hereby conveys and warrants to City. of Columbia Heightg (marital status) Grantee, a co~oration under the laws of Minnesota real property in Anoka County, Minnesota, described as follows: Lots 21 and 22, Block 2, First Subdivision of Block "F" Columbia Heights, Anoka County, Minnesota. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Thk box if applicable: e 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 filed well disclosure certificate. ~Andre Zurb~ Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF ANOKA This instrument was acknowledged before me on by Andre Zurbey and Phylli.q J. Zurbey: husband and wife Tltl$ LN~TRUM~N'r W/kS DRAFTED BY (NAJ~E AND ADDRESS): Provident Title Services, Inc. Village lrank Financial Center Suite 41 . n29° "'~ ~ .-o.! Avenue NE Blaine, MN 55434 763-786-3638 2001-07-001 July 26:2001 Date Check here if part or all of the land is Registered (Torrens),l [ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON E ERICKSON THOMAS E ivlALONE MICHAEL E HURLEY DOUGLAS G. SAUWER HERMAN L TALLE CHARLES M. SEYKORA DANIEL D. GAN'I'ER, JR. BEVERLY K. DODGE Bama, Guzy & Steffen, ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 Ltd. (763) 780-8500 FAX (763) 780-1777 Writer's Direct Line: (763) 783-5122 Internet E-Mail Address: jhoefi~bgslaw, corn JAMES D. HOEFT JOAN M. QUADE SCOTT M. LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING WILLIAM E HUEFNER BRADLEY A. KLETSCHER MALCOLM E TERRY KRISTI R. RILEY CHERYL A. JORGENSEN WILLIAM D. SIEGEL TODD J. ANLAUF Of Coumel ROBERT A. GUZY July 11, 2001 Richard Eskola, Esq. Moore, Halsey & Eskola 7260 University Ave NE, #160 Fridley, MN 55432 Purchase of Property Located at 500 Mill Street, Columbia Heights Our File No. 46000-112 Dear Rick: Enclosed for your clients' signatures please fred the Purchase Agreement covering the above- referenced property. As you can see from the enclosed, the City Manager and the Mayor have already executed the document upon approval by the City Council on Monday, July 9, 2001. As per our phone conversation of today, I will be requesting a title commitment, and will contact you upon receipt of the same to schedule a closing. Thank you for your assistance. Sincerely, B _~At~iA,-~.UZY &_S~N, LTD. .::...;.? -....' -'_/'//' -' ames D/bI6eft, ' Column'S& Heigi'trgs ~ity Attorney JDH:set Enclosure cc: Walter Fehst, City of Columbia Heights An Equal Opporrunit3, Employer Miler/DavisCo. e St. Paul, MN651-642-1.~ Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) M.S.B.A. Real Property Form Nc Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAG MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT © Copyright 1996, 1997 by Minnesota State Bar Association, Minneapolis, Minnesota.' BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRA ADEQUATELY PROTECTS YOUB LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. I 1. PARTIES. This Purchase Agreement is made on : 2001 , by and betwe 2 Andre ZurJ~y and_Phylli.uJ_Dann 7.nrhey [marital status] hushed and wire__ 3 of [seller's address] 1537 S,J')beriin Circle, Fridley, MN 55432 , SELLER, ant 4 City of Columbia ~eights as ~eg~t-t~s~ts [strike "joint tenants' 5 if tenancy-in common is intended] of [buyer's address] ~90 - 40th Avenu~_,..,_C_~~ghts, MN 55421 6 7 BUYER. 8 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: g LOB_21 andS22= ineludin~ the We,~t Half_Of_~tc~d alley lvln~p~jac, e. nt theretn t~lock 2. 1,,;t Subflivi.~inn nfBl~ck F_ Anc~ku_Countv. Minne~so~a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 [Property Tax Identification Number or Tax Parcel Number 35-30-24-34-.~27 ] located at .. 500 Mill Street , City of _ Columbia Heipht.~ , County of Annka , State of Minnesota, Zip Code 55421 ~ 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] JunK?9. 2001 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 [Strike out items not included]: 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, bu~lPim-~res~eempe~s, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches, se~"ur+t~p~¥ste~ne, and also the following property:. NnnL Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the fo/lowing provision applies to this Purchase Agreement:] E~ Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 5. PRICE AND TERMS. The price for the real and personal property included in this sale is One]:[Uildred Thi~=j~ouS~ald~l[[d_]~[oj~ Dollars {~.~ }, which Buyer shall pay as follows: 39 4O 41 42 43 44 45 46 47 il;;;to:~;ey of $ 1,oOo~)O by [~AS~-t, CHECK, 'N~-'r-E- state which], check Seller/to be deposited and held by Seller {and may be commingled with Seller's other funds) endin cl ' Seller s lawyer, to be deposited and held in the lawyer's trus+ .............. P g oslng, Seller's broker, to be deposited or held b,, brok .... '- ..... ' =-'~ .... ~ .p~nulng cmsmg, ....... ~ m ,uUumlng ~o me requirements of Minnesota Statutes, Miner l~escr[be now the eamest money wi#be held] receipt of which is hereby acknowledged and ~.ii 134,000.00 payable to cash, on. oLbe£ore June 15= 2001 48 --t-h'e-,'bet,a,~,,~,e.,.o.f- ~ 49 5O 61 52 53 64 55 56 67 EiB 59 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a in by spouse, if any, conveying marketable title of record, subject to: A.E~uildlng and zoning laws, ordinances, state and federal regulations; B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; C. Reservation of any mineral rights by the State of Minnesota; , the DATE OF CLOSING, and Warranty Deed, joined D.Utility and drainage easements which do not interfere with existing improvements; E. Exceptions to title which constitute encumbrances; restrictions, or easements which have been disclosed to Buyer and accepted by Buyer in this Purchase Agreement [must be specified in writing]: .. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro- WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. 60 rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. 61 If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be_lQD_% of the prior year's taxes, 62 and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER / -~-Bd4j~ED.HPON_REOEH~r.~F 63 TflE~Cr'-Tt=I~rb.T. AN.~AT_EMEN=F~c~R. S4j~f+¥EA~ (in Which case the party entitled to a credit as a result of the adjustment shall receive 64 the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and 65 payable in the year(s} 2001 will be _~bll:f.~ PPrR=I'~ NON -homestead classification, unless Buyer changes the tax classification for taxes 66 payable in the year following closing by taking possession of-the real property as Buyer's homestead and filing a new homestead declaration 67 within the time required by law. If the taxes due and payable in the year of closing are PART or NON-homestead classification, Seller shall 68 pay to Buyer at closing f~__ .~- , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year 69 following closing are PART or NON-homestead classification and the closing takes place after the date by which Buyer must take possession 70 of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer a~ 71 closing $ -0- as Seller's share of such taxes. 72 73 EL~-~'R~I'~E~RORA-T-E-AS-~F.-T-HE.19~TE. EI~OblgStN~.. / SELLER SHALL PAY ON DATE OF CLOSING 74 t r~ , u~sessmenta certiried for payment with the real estate taxes due and payable in the year of closing. 75 [Stril~e one:] ~blY*Efl-91.MrEi..~SSigME... / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the 76 date of this Purchase Agreement. 77 [Str//~e one:] BUYER SHALL ASSUME / 9EFf'~'F~YHA"L~RE)¥~E'Ft~RPAYMENT'~F"-- special assessments pending as of the date of 78 this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 79 provision for payment shall be by payment into escrow of 1 ~ times the estimated amount of the assessments.) As of the date of this Miller/Davis Co. e St. Paul, MN 651-642-19 Miller/Davis Co., St. Paul, MN--Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) M.S.B.A. Real Property Form No Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE B0 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from a 81 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment bacon', .82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 126 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 146 146 147 148 149 150 151 152 163 164 155 156 157 158 169 160 !~1 162 163 164 166 166 167 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 commensurate increase in the purchase price of the rea{ property, which increase shall be the same as the estimated amount of thc assessment; or, C. Declare this Purchase. Agreement void by notice to Seller, and earnest money shal~ be refunded to Buyer. [Strihe one:] BUYER SHALL ASSUME / sr~-'L.-E'R-~H~I=I=-~¥-(~N. DA:r~-o~.~S. iNC,. any deferred real estate taxes (including "Gree~ Acres" taxes under Minn. Stat. 27:3.111) 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 future 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. B. SELLER'S BOUNDARY 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 right 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 survive the delivery of the Deed or Contract for Deed. ~' 10. CONDITION OF PROPERTY. .... ;.,ct ;'.'cr.'c;.c ...:. =...-_--.~=..-.=:~- .!×.:r=c' ..==j;, . ' ' ' . ' '~". ..................................... ~;~-:~ :c. -" sement. ' at the roof has / has not leaked. Seller warrants that the prope~: is / is not connected t°: ' e one] YES / NO; city water YES / NO; cable TV YES / NO. , ~' ;fcC; ~ :he ;c;', ~;;~c~. y utch elm dmease, oak w t, or other disease B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows:. Nol]~ C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, provided that any notice of a defect or claim of breach of warranty must be in writing and any such notice with respect to matters referred to in A., above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. D. Buyer sha~i have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lehding regulations, Seller does not plan to have the property inspected. Other than the representations made in this peragraFh 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 any provisions of Minn. Stat., Chapter 327A.) 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority 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 rezonlng 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. l]~,_da[ff..~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. To demonstrate that Seller's title is good and marketable of record, within a reasonable acceptance of th!s Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract time after certified to dace including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Froperty Abstract either to have Buyer's lawyer examine the title and provide Seller with written objections 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 (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment 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 ~pecified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. lB. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten {10) business days, notify Buyer of Seller's intention to mak~ title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escro~ from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, ai]d prompt. Pendin corroction of ~itle, 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 documentatior 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 mad~ marketable, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shall be liable for damages hereunder t~ the other, and earnest money shall be refunded to Buyer. Miller/Davis Co., St. Paul, MN-Form 1300 (1994; Rev. 1996; Rev, 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agreement 168 169 170 171 172 173 174 175 !76 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Miller/Davis Co. e St. Paul, MN 651-642-1 M.S.B.A. Real Property Form N{ PURCHASE AGREEMENT / PAG 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 b 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: 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) s I~e limited to the cost of curing 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 vol. and all earnest money paid shall be refunded to Buyer; 3.Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law; 4.Specific performance w~thln 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 elec either of the following options, as permitted by law: 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages The partie: acknowledge their intention that any note given pursuant to this contract s a down payment note, and may be presented fo payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, a., permitted 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, a.' permitted by law: 1. Seek damages from Seller including costs and reasonable lawyer's fees; 2. Seek specific performance within slx 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. 17. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or Will be approved for recording as of the Date of Closing. '18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. '19. WELL DISCLOSURE. [Check one of the fol/owing:] -_~_ 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~ither 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. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control 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 treatment system on the property. _-~ D. 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 .re.quires that the location of the system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map completed.] 21. LEAD PAINT DISCLOSURE. [Check one of the following:] Seller represents that the dwelling was constructed on the real property in 1978 or later. ~-_ Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real property, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978".) 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has ndt already investigated these concerns, Buyer might want to include Seller's disclosures regarding these concerns. [Check the box if the following provision applies to this Purchase Agreement:] [] ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997J, is included as an addendum to this Purchase Agreement. 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 No. 116-M, 117-M, or 118-M] Affidavit of Seller. 2~4. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. [State other location:] 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. 235 236 237 238 239 240 241 242 243 244 245 246 25. ADDITIONAL TERMS: ]~U¥_cY_a~_.ees tn enter into a rental_a~:eement fn~_l[be premises w~b Sell~ Oladys l.ipa= for a period~ ' "~~orm for Waiver~~o~' In t~ent ~d~j~ prior tO~e~ orAl.se, lhe S~ ~n~inate fl,e re .......... ' . :~ p~orm n~ma~or maMtenauce on the hom~ ~~g: RII~ will maMtain~altv and~biliw · ~su~ on the ~remi~n~ dnri~~' in~u~ on the~rem~ys !~ shal~~ndard re. mrs and I~ ZIz~~~lUn ' ' g-llze._lztoi~t.v in an "A,~ ls" condition with no warrantieS. 247 24E~ 24.,r~ 251 252 25,~ 254 255 256 26. ADDENDA. Attached are ~_ addenda which are made a part of this Purchase Agreement. 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 [number]. ~ originals of this Purchase Agreement. Miller/Davis Co., St. Paul, MN--Form 1-~00 (1994; Rev, 1996; Rev. 1997; Rev, August 1997) Minnesota Standard Residential Purchase Agreement 257 258 259 260 261 262 263 Miller/Davis Co. e St. Paul, MN 6§1~642-19~ M.S,B.A. Real Property Form No. PURCHASE AGREEMENT / PAGE ..THIS IS A ,I~,EGALLY BINDING CONTRACT. _BEFORE SIGNING CONSULT A LAWYER. 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 Jegal effect, or the tax consequences of this contract. These are questions for your lawyer. I agree to sell the property for the price and terms and conditions set forth above. SELLER:., Andre Zurbey (date) SELLER: Phyllis Joann Zurbey (date) I agree to purchase the property for the price and terms and conditions set forth above, CITY OF ~COLUMBIA .HEIGHTS Its ' //~ ~,~ (date) (date) Charles M. Seykora BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 This Purchase Agreement was prepared by: Others who wEI assist Seller or Buyer with this transaction: Attorney For Buyer Telephone: Facsimile: CHARLES M. SEYKORA BARNA, GUZY & STEFFEN, LTD. 400 NORTHTOWN FINANCIAL PLAZA 200 COON RAPIDS BLVD. MINNEAPOLIS, MN 55433-5894 763-780-8500 Listing Agent and Broker for this transaction are: Telephgne: Facsimile: Selling Agent and Broker for this transaction are: Telephone: Facsimile: Buyer's or Lender's Title Insurer: Telephone: Facsimile: /£ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2O 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4! 42 43 44 45 46 47 48 49 §0 51 §2 53 54 §5 56 57 58 §9 60 61 62 63 64 65 66 67 68 ~='69 7O 71 72 73 74 1317 (NEW 9/96) Mil er/Davis Co e St. Paul, MN 651-642-198~ M.S.B.A. Real Property Form No. 11 LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 (use only with Minnesota Standard Residential Purchase Agreement, Minnesota State Bar Association 1997) This addendum is a continuation of Paragraph 21 of the Purchase Agreement dated · zoo1 by and between Andre Z~zc~/_azzd Phyllis JoaQl:)_Zurbev. and ~;~ty of_Columbia H.~r " for the property located at or described as _ 500 Mill Str. P,L LEAD WARNING STATEMENT Every purchaser of any interest in residential rea/property on which a residential dwelling was built pr/or to 1978 is notified that such property, may present exposure to lead from lead-based paint that may p/ace young ch#dren at risk of developing lead po/sonfug. Lead poisoning in young children may, produce permanent neurological damage, Zqclud/ng learning d/sab#it/es, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning a/so poses a particular risk to pregnant women. The Se#er of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection for possible/ead-basedpaint hazards is recommended prior to purchase. LEAD PAINT INSPECTION CONTINGENCY Buyer's obligations under this Purchase Agreement are contingent upon Buyer obtaining within 10 business days of the date hereof a risk assessment or inspection of the property for possible lead-based paint and lead-based paint hazards, the results of which are acceptable to Buyer. This contingency shall be deemed satisfied, and this Purchase Agreement shall be in full force and affect and binding upon Buyer and Seller, unless, within 10 business days of the date hereof, Buyer notifies .Seller in writing that the results of the risk assessment or inspection are unacceptable to Buyer. If Buyer notifies Seller of unacceptable results, this Purchase Agreement shall be null and void and all earnest money shall be refunded to Buyer. Buyer may waive in writing this contingency at any time. Seller's Disclosure (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below: (i) __ Lead-based paint or lead-based paint hazards are present in the housing (explain). (ii)_ Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (check (i) or (ii) below): (il _ _ Seller has provided Buyer with all records and reports in Seller's possession Or reasonably obtainable by Seller pertaining to lead-based paint and lead-based paint hazards in the housing (list documents below). (ii) _ Seller has no reports or records pertaining to lead-based paint or lead- based paint hazards in the housing. Buyer'e Acknowledgment (initial) (c) . Buyer has received copies of all information listed at (b) (i) above. (d) _ Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) ~ Buyer has (check (i) or (ii) below): (i) _ _received a 10 business day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and lea_cl-~,~sed paint hazards; or (ii) _ ¥~waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and lead-based paint hazards. Agent's Acknowledgment (initial) (f) _ _ Agent has informed Seller of Seller's obligations under 42 U.S.C.4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the ihformation they have provided is true and accurate. Seller 75 Agent WARNING: UNAUTHORIZED COPYING OF THIS FORi~I PROHIBITED. Agent Miller/Davis Co. e St. Paul. MN 651-642-1 Form 1519R (Rev. AMENDMENT TO PURCHASE AGREEMENT SELLER HOLDOVER POSSESSION AGREEMENT "RENT BACK" This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 1999, Minnesota Association of REALTORS®, Edina, MN 1. Date , 2. Page 1 of 1 Pages 3. Amendment to the Purchase Agreement between Buyer and Seller, dated = 2O0L. about the 4. purchase and sale of the property at 500 Mill Street, Co_lumhia Hci~ht.~. MN 5. The Buyer and Setler agree as follows: - 6. NATURE AND PURPOSE: This Amendment gives Seller the right to remain in and occupy the property after closing on the 7. purchase of the property. This Amendment remains in effect after the closing. 8. POSSESSION DATE: Seller agrees to deliver possession of the property to Buyer on or before May 31-~.QOJ_or May 3]. 9. if oae:y_ear_~xtension is invoked h~.__~ladys. Lipa. - . (Year) 10, SECURITY AND DAMAGE DEPOSIT: On May 31 Seller will deposit ~ _ 400,00 with (Date) 1 1. Buyer in certified funds, as a security and damage deposit. The deposit will earn statutory interest at the rate prescribed in 12. Minn. Stat. Section 504.20, subd. 2. The Buyer will refund the deposit, plus interest, to Seller, or after Seller moves out of 13. the property and gives possession to Buyer. Buyer may keep amounts necessary to cover unpaid rent or to cover the cost of 14. repairing damage to the property (including personal property and appliances) caused by Seller. If the Buyer keeps all or a 15. part of the deposit, Buyer will provide a written statement within 21 days stating the reason for withholding. 16. PER DIEM: Seller will pay Buyer t~. 400.00 per day beginning on the Closing Date and continuing through the 17. above Possession Date. The per diem charges will be paid in full at closing. If Seller remains in the property after the above 18. Possession Date, Seller will pay additional per diem charges to Buyer weekly, in advance. 19. UTILITIES: Seller agrees to continue all utility services in Seller's name and to pay all bills for utility service during the period 20, of the Seller's possession as they become due. 21. INSURANCE: Buyer and Seller will consult with their respective insurance companies before closing. Buyer will purchase 22. casualty insurance coverage on the property to be effective from the Closing Date. Seller will maintain liability insurance for 23. the property through the date that Seller vacates the property. Seller is responsible for Seller's personal property insurance. 24. Buyer and Seller will provide insurance binders at closing. ' 25. MAINTENANCE: Buyer will be responsible for all repairs and normal maintenance of the property and personal property 26. covered by the Purchase Agreement from and after the Closing Date. Buyer will keep the property in reasonable repair and 27. order. Seller agrees to perform the following repairs and maintenance: 28. 29. USE OF PROPERTY: During the term of this Agreement, Seller will occupy the property as Seller's personal residence and 30. Seller will not make any changes to the property. Seller will not assign nor sublease the property under this Agreement. 31. HOLD HARMLESS: Buyer is not responsible for liabilities, claims, or expenses from Seller's use, possession, and occupancy 32. of the property. 33. PLEASE NOTE-SELLER'S WARRANTIES: Seller's warranties as to central air c ..... 34. s~y_s.t_e_m_s_, .us.ed and Io..cated. on the propertY, will be operative as f th,, ct_,.-°'.n--d-iti°--n-~g' heat,ng.,, pl.u.mbin, g and w,rmg] 35. ,~,uu,r,en[.uuyer nas me right to insnect the ,,ro---+,, ~;--- *~ .... .o..._.~. ~.~_~,,,9 ~.a.t.a, as provided ~n the Purchase 36. - ~' ~'-r u=,u,~ ~uu ~luslng uate. uuyer Will satisfy Buyer at Buyer's eXpense, J that all central air conditioning, heating, plumbing and wiring systems are in property working order on the Closing Date· 37. QUIET ENJOYMENT: Buyer promises that upon Seller's performance of Seller's obligation in this Agreement, Seller will 38. peacefully and quietly have, hold and enjoy the property according to this Agreement. 39. TERMINATION: If Seller fails to leave the property and give possession to Buyer on the Possession Date specified above, 40. Buyer will provide Seller With seven days advance written notice to leave the property. Notice is considered given on the 41. date mailed to Seller at the above address. Seller will leave the property in the same condition as it was at the time of 42. closing. If Seller fails to leave the property, Buyer is authorized to take any action permitted by law to take possession of 43. the property. Buyer will be entitled to recover damages from Seller for Buyer's loss of use in the amount of 44. $3_0 per day beginning with Possession Date specified above, in addition to all charges 45. aqd reimbursements stated in this Agreement, and all reasonable costs which result from obtaining possession of the 46. property and enforcing the terms of the Agreement, including reasonable attorney's fees. 47, OTHER: Glad~%LLipa_has the-Option lo extend Ibis rent:tLagreemen~ddifionaLyear_utld~ the~anlr,_teLlll~by nofi.~ing_B_tl,ye. LO.[ 48. same_atJ.easLth~¥_(30) days Pri~rAo_mlcL.of thi.~Jeasm 49. Re. fe, r.~cr, s to Seller above are to SelleLa~t, Olady~ Lipa. 50. All other terms and conditions of the Purchase Agreement will remain. 51. CIT~ OF COLUMBIA. HEtGHT~_.__ Its ,Seller) ,Date, 52. (Sel~er) (Date) ,Buyer) 53. 54. MN:SHP (9/99) WARNING: UNAUTHORIZED COPYING O; THIS FORM PROHIBITED. (Date) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. (Date Sent -~t: Prov~c~ent Tltle Serv.~.ces 763 786 3645; 07/26/01 3:17PU;#652; Page 2/3 2~1~1 S~ENT STATEME~ a. ~ ~S ~ N~: I ~.4~A~ N E. ~J.~ ~ 21 ~ 22. B~ 2, ~ ~ ~ N~. ~ 412 ~0~. C~S~JP~ I~ 401 ~~ 102 ~iIP~ 4~ ~~ 105 ~05 I~ C~ T~ ~ ~ C~~T~ ~07. C~um/T~ ~ 407, C~ 11~ ,,.. 112 412. 120 GRO~~E~8~R 1~,~18.25 420 ~A~~R 135,~.~ 207 ~7. I 210 C~flT~ m j 5~0 C~T~ 2~1 C~T~ 07~1~ ~ 07~1 ~ ~.4t 511 C~T~s 07~I~I 212 ~'~ m ~ 5t2 ~ ~ , 214 ] 514. 216 516. 217 , 517. 2,9 ~ ~S~9. ~0 TOT~ PA~ BY~ ~ER I ~H( X ~J( ~)~ l HAVt~ CAREFULLY ~E~D T~ H~I ~ ~A~ ~D TO ~E KST ~ ~ ~ ~D K~F, ~ ~ A ~TI~RE~DA~Y~E~lS~~* /~ ~- ~/ _ FU~5 ~ICN V~ RE~ ~D ~ B~.~t~ ~ ~ ~ P~T ~ THE 5~ ~ T~ ~, I~ ' ~T~ ~ I~LU~ A F~ ~D ~. F~ ~NLS ~: ~ 1~ U S. ~ ~ 1~1 & S~ 1010 I~,e2 L, SC '~ H..EMENT CHARGES ['rEMS PAYABLE IN CONNECTION WITH LOAN BO1 ,...~an Onc~na~en Fee % ~' 804 Creclm~ Report 805 Lende,'s InsitectJo~ F~ 80? ~ Fee 8O8 809 810 811 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE , , · 90'2 Mcwla~ee b~utance P~em~um mem~, 9O5 1000 RESERVES DE~ WiTH LEND(ER 1001 H~w0 Ir, s.M-.~m I~ $ mr TITLE CHARGES 1101 Sel~ement o~ Ctc~ Fee 1104 TJlle Insuranoc Bx'~der lo 105 Doo. ment Pre~-at~,n 106 Nota~ Fees 107 A~c)mey's Fees i104) T~e i~.~urapce Ip Prcv~e~I T~ ~,vk~ Inc 1109 Lenders Coverage 1110 Ow,net's Cover~ 1113 ~ ~ar~ S 135.0~0.00 513,75 .375 12~.05 513 75 le Pmc,~ntTml~e ~erv~ce~, I~. 2500 1200 GO',,~RNMENT RECORDING AND TRANSFE~ CI.{ARGES (2001,-07,.,001 / 2001,,,074)01 119) CITY OF COL UMBIA HEIGHTS DATE: TO: AUGUST 29, 2001 WALT FEHST CITY MANAGER PATTY MUSCOVITZ DEPUT CITY CLERK FROM: JANE GLEASON ASSESSMENT CLERK WILLIAM ELRITE,?~ FINANCE DIRECTOR PURCHASE OF 500 MILL STREET Attached are photocopies of information the city attorney provided to me in relationship to the purchase of the 500 Mill Street property. These documents are as follows: 1) Photocopy of the Settlement Statement signed on behalf of the City and the Zurbey's 2) Copy of the Warranty Deed signed by the Zurbey's A letter from Jim Hoeft and a photocopy of the Minnesota Standard Residential Purchase Agreement signed by Walt Fehst and Gary Peterson, but not signed by the Zurbey's. 4) Lead Paint Addendum and Amendment to Purchase Agreement on the "Rent Back" signed by Walt Fehst and Gary Peterson, but not signed by the Zurbey's. At this time I am of the opinion that the City should have fully signed and executed documents for our file but I am unsure how to proceed, as it appears the city attorney is unable to obtain these documents. If you have any suggestions as to what I should do next, please let me know. WE:sms 0108292CM Attachments BERNARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON THOMAS P. MALONE MICHAEL F. HURLEY DOUGLAS G. SAUTER HERMAN L. TALLE CHARLES M. SEYKORA DANIEL D. GANTER, JR. · BE-VERLY K. DODGE JAMES D. HOEFT JOAN M. QUADE BGS Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Mhmeapolis, Minnesota 55433 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 Writer's Direct Line: (763) 783-5122 Internet E-Mail Address.· jhoefi~bgslaw, corn FAX TRANSMITTAL COVER PAGE SCOTT M. LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING WILLIAM F. HUEFNER BRADLEY A. KLETSCHER MALCOLM P. TERRY KRISTI R. RILEY CHERYL A. JORGENSEN WILLIAM D. SIEGEL TODD J. ANLAUF JENNIFER C. T. SMITH KARIN E. SIMONSON MATTHEW A. KOROGI Of Counsel ROBERT A. GUZY DATE: December 20, 2001 TO: Walt Fehst COMPANY/LOCATION: City of Columbia Heights COMPANY'S FAX NO.: 706-3601 MESSAGE: The enclosed is what'I have in my file. I do not have a copy of the Purchase Agreement signed by the Zurbey's. I suspect the closing agem from Provident Title probably retained the original. I am certain the enclosed is the Agreement we are operating under. If you or Bill feel it is necessary, I can contact Provident Title to try and obtain the original, or at least a copy thereof. TOTAL PAGES INCLUDING THIS SHEET: 8 Please notify Sarah at (763) 780-8500 if all pages are not received. Original will not follow by mail The inforrnation contained in this facsimile message is attorney prMleged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this cormnunication is strictly prohibited· If you have received this colmnunication in error, please immediately notify us by telephone, and retufn the original message to us at the above address via the U.S. Postal Service. We will be happy to reimburse you for the postage. An Equal Opportunity Employer * * * Transmission Result Rep0rt(MemoryTX) (Dec,20. 200] ]]'43AM) * P, 1 Fi e Page N0, Mode Destination Ps(s) Result Not Sent 2549 Memory TX 7063601 P. 8 OK Reason for error E.1) Han~ up or I ine fai[ E.2) Busy E.3) No answer E.4) No facsimile connection BGS Barns~ GuZY & Steffen~ Ltd. ~00 ~o~o~ ~c~ ~1~ 200 Coon Rapids Bogeyed ~eapoHs. ~eso~a 55433 (763) 780-8500 F~ (763) 780-~777 1-800422-3486 ~riter's Direct Zinc: ~63) 783-5~22 f~er~et E-mail ~ddress: ~hoefl~b~[m. corn DATE: TO: C O~q-~Y/LO CA31IO;~-T COl~Ip-~q-5~-*S ~v~ NO.: Dece~nb~r 20, 2001 'V¢ alt 1~ elmer ~ilry o~ Colua~tbia. H~igh~s 706-3601 ~3/J3E~ S S AC~E: ~l-he ~closed is what I ~ve it~ my file. I do not la--ye a copy of ~h~ P~cha~e A~em~a~ mi~6 by ~ Z~bey's. I m~ ~ olos~g agen~ ~om Pro~d~t Ti~le probably o~ B:ll feel i~ ~ necess~, I cm ~m~ Prox~d~t Title to ~ nd ob~ ~e o~n~, or a~ l~st a copy ~ereof. TOT& PAGES ~CL~6 ~IS S~ET: 8 Plebe hoC S~ at (76~) 7gO-gSO0 if~ pages =e not feCeived. OriCnal will net follow ~ m~il The [tff'olraa~on contained in_ fills fa~skxdle message is ~mey pHMte~ed =d confid~ti~ ~tomafion ~n~ed o~y for te ug of to ~di~dmt Or enfi~ nmed above- ~ ~ader offs m~s~e is not ~e ~tended recipientr message to ~ at the above ad--ess via %~ U,$, Poal S~[c~. W~ +will b~ happy to mimbae ym for ~o postago. ~ Miller/Davis Co. © St. Paul, MN 651-642-1988 Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997} M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 1 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT © Copyright 1996, 1997 by Minnesota State Bar Association, Minneapolis, Minnesota BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of the use of this form. I 1. PARTIES. This Purchase Agreement is made on 2001 , by and between 2 Andre Zurbey and Phyllis Joann Zurb~y [marital status] husb~tl3d_and wife 3 of [seller's address] 1537 S. Ohedjn Circle, Fridley= ]V~N 55432 , SELLER, and 4 Ci~ of Columbia Heifers as ~i~t-t~ae~ta [strike '~oint tenants" 5 if tenancy-in common is intended] of [buyer's address] 590 - 40th Avenue N.E., Colum~eights: MN 55421 6 7 BUYER. 8 ;2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as: 9 Lots 21 and 22: including the West Half of vacated alley lying adjacent thereto: Block 2, 1st Subdivision of Block F=~Arloka_Co.~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 [Property Tax Identification Number or Tax Parcel Number 35-30-24-34-0027 ] located at 500 Mill Street , City of Columbia Heights County of Anoka , State of Minnesota, Zip Code 55421 3. ACCEPTANCE DEADLINE. The acceptance date of this Purchase Agreement is the date it is delivered by the last party signing to the other party. This offer to purchase, unless accepted sooner, shall be void at 11:59 A.M., on [date] May 3]: 2001 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 [Strike out items not included]: 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, b~iitq~-~as~-c-empa~t~s, built-in ovens and cooking stoves, hood-fans, intercoms, installed carpeting, work benches, se~Jci~-~$, and also the following property: None 30 31 32 33 34 35 36 37 Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following provision applies to this Purchase Agreement:] r~ Seller shall use M.S.B.A. Real Property Form No. 90 (1997), Warranty Bill of Sale. 6. PRICE AND TERMS. The price for the real and personal property included in this sale is One Hundred Thirty-_F_j2te Thousand and No/100 38 39 4O 41 42 43 44 45 46 Dollars (-~ 135,000.00 ), which Buyer shall pay as follows: Earnest money of $ 1,000.00 by [~A~=~H, CHECK, -NE~TE - state which] check [select one:] Seller,!to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing, Seller's lawyer, to be deposited and held in the lawyer's trust account pending closing· Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes, Other [describe how the earnest money will be held] payable to 47 receipt of which is hereby acknowledged and ~ 134,000.00 cash, on or he[ore 49 · the DATE OF CLOSING, 50 6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a 51 in by spouse, if any, conveying marketable title of record, subject to: 52 A.Building and zoning laws, ordinances, state and federal regulations; 53 B. Restrictions relating to use or improvement of the real property without effective forfeiture provisions; 54 C. Reservation of any mineral rights by the State of Minnesota; 55 D.Utility and drainage easements which do not interfere with existing improvements; 56 E. Exceptions to title which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted by Buyer 57 in this Purchase Agreement [must be specified/n writing]: 58 Warranty Deed, joined 59 6O 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be pro- rated between Seller and Buyer on a calendar year basis to the actual Date of Closing, unless otherwise provided in this Purchase Agreement. If tax statements for such taxes are not available on the Date of Closing, the amount to be prorated shall be~tJ~__% of the prior year's taxes, and such estimated proration shall be [strike one] FULL AND FINAL BETWEEN SELLER AND BUYER / TflE'~C-T-~d='T--A~','~-~AT[~,"~=N-T~-~R-SU~i+~-EA~ (in which case the party entitled to a credit as a result of the adjustment shall receive the amount of such credit from the other party within 30 days of issuance of the tax statements). Seller represents the taxes due and payable in the year(s) 2001 will be~-I:lf.f., PA-R~; NON -homestead classification, unless Buyer changes the tax classification for taxes payable in the year.following closing by taking possession of the real property as Buyer's homestead and filing a new homestead declaration within the time required by law. If the taxes due and payable in the year of closing are PART or NON-homestead classification, Seller shall pay to Buyer at closing $ -0- , in addition to Seller's prorated share of the taxes. If the taxes due and payable in the year following closing are PART or NON-homestead classification and the closing takes place after the date by which Buyer must take possession of the real property as Buyer's homestead to file for homestead tax status for taxes due and payable in such year, Seller shall pay to Buyer at closing ~ -0- as Seller's share of such taxes. [Strike one:] BI:P~ER-A~D SE-L~-'Efl-SH~I-E-PROflA-T-E-AS-E)P-T-HE-Ei~tE.E~F-C-L~__ / 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. [Strike one:] ~I:IY~-R-~I-fl~EE-AS-~clME--- / SELLER SHALL PAY ON DATE OF CLOSING all other special assessments levied as of the date of this Purchase Agreement. [Strike one:] BUYER SHALL ASSUME / SEf-f-~F~'HA'L'E~flE)~IE~E-P~)ff~ba[Y~EN~F-EtF---- special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's 79 provision for payment shall be by payment into escrow of 1 Yz times the estimated amount of the assessments.) As of the date of this WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller/Davis Co. © St. Paul, MN 6§1-642-1988 Miller/Davis Co., St. Paul, MN--Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) M.S.B.A. Real Property Form No. 1 Minnesota Standard Residential Purchase Agreement PURCHASE AGREEMENT / PAGE 2 80 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public improvement project from any 81 governmental assessing authority, the costs of which project may be assessed against the real property. If a special assessment becomes 82 pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option: 83 A. Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or, 84 B. Require Seller to pay the pending special assessment (or escrow for payment of same as provided above) and Buyer shall pay a 85 commensurate increase in the purchase price of the real property, which increase shall be the same as the estimated amount of the 86 assessment; or, 87 C. Declare this Purchase Agreement void by notice to Seller, and earnest money shall be refunded to Buyer. 88 [Strike one:] BUYER SHALL ASSUME / S~-L-E-R-~I~AI~.-PA-¥-~I~:r~.~F~I:~iNr=. any deferred real estate taxes (including "Green 89 Acres" taxes under Minn. Stat. 273.111) or special assessments payment of which is required as a result of the closing of this sale. 90 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable 91 therewith and thereafter, the payment of which is not otherwise provided herein. Seller makes no representation concerning the amount of 92 future real estate taxes or of future special assessments· 93 94 8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate 95 and the earnest money shall be refunded to Buyer. If the real property is damaged materially but less than substantially prior to closing, 96 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which 9897 21-day period Buyer may inspect the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 99 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within 100 the boundary lines of the real property; Seller warrants that there is a right of access to the real property from a public right of way. Seller 101 warrants that there has been no labor or material furnished to the real property for which payment has not been made. Seller warrants that 102 there are no present violations of any restrictions relating to the use or improvement of the real property. These warranties shall survive 103 the delivery of the Deed or Contract for Deed. 1 O4 105 106 107 108 109 110 111 112 113 114 115 116 117 118 10. CONDITION OF PROPERTY. ...... '7.' ........"'"": ....................... = ....................... =-:7~mcn., .:r=~ acco (!nc!ud!n~ mcchc=:.:=.c, dc.m-ct- "uc~ and doors), w~nng, and plumbing used and located on the real property are in workin~ order on the D-*~ ~-~-7~ - "' · ~ ,Lo er represem:s that the property ,has/ has not had a wet basement or water In the'~~ ~ ~oPtre~ked' Seller warrants that the property: is / is nO~~yE~'~ NO. Seller shall rem eller ' ase , ~,¥' t~ccs or, thc rca', ~ra~crty. B. Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time, except as follows: None 119 120 121 122 123 124 C. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, 125 provided that any notice of a defect or claim of breach of warranty must be in writing and any such notice with respect to matters 126 referred to in A,, above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived, 127 128 D. Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local ordinance or lending 129 regulations, Seller does not plan to have the property inspected. Other than the representations made in this paragraph 10, the 130 property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of 131 construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or limit any provisions of 132 Minn. Stat., Chapter 327A.) 133 134 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to violation of any law, ordinance or 135 regulation affecting the real property. If the real property is subject to restrictive covenants, Seller has not received any notice from any 136 person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent 137 domain, condemnation, special taxing district, or rezoning proceedings. 138 139 12. TRUTH-IN-HOUSING. Buyer acknowledges receipt of the Truth-in-Housing Disclosure Report or other inspection report if required by the 140 municipality in which the real property is located. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 13. POSSESSION. Seller shall deliver possession of the property not later than the_dat,_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~ate of closing 14. EXAMINATION OF TITLE. To demonstrate that Seller's title is good and marketable of record, within a reasonable time after acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to date including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer's lawyer examine the title and provide Seller with written objections 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 (10) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment 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. 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) 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. Miller/Davis Co., St. Paul, MN--Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agreement 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Miller/Davis Co. © St, Paul, MN 651-642-1988 M.S.B.A. Real Property Form No. 1 PURCHASE AGREEMENT / PAGE 3 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: 1. Proceed to closing without waiver or merger in the Deed of the objections to title and without waiver of any remedies, and may: la) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this subparagraph la) shall be limited to the cost of curing objections to title, and consequential damages are excluded); or lb) 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 permitted 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 permitted by law: 1. Cancel this contract as 'provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lawyer's fees, as permitted 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. 17. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has been or will be approved for recording as of the Date of Closing. 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 19. WELL DISCLOSURE. [Check one of the following:] ~ 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~/ther A or ~f 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. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control 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 treatment system on the property. ~ D. 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. [Attach Seller's Disclosure of individual Sewage Treatment System with map completed.] 21. LEAD PAINT DISCLOSURE. [Check one of the fo#owing:] Seller represents that the dwelling was constructed on the real property in 1978 or later. ~ Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real property, attached and made a part of this Purchase Agreement is "LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978".) 22. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Currently the law does not require Seller to disclose Seller's knowledge, if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these concerns, Buyer might want to include Seller's disclosures regarding these concerns. [Check the box/f the following provision applies to this Purchase Agreement:] [] ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form No. 8 (1997), is included as an addendum to this Purchase Agreement. 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 No. 116-M, 117-M, or 118-M] Affidavit of Seller. 24. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's title insurer, or at some other mutually agreeable location. [State other/ocation:] At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of 235 236 237 238 239 240 241 completing state and federal tax forms. 25. ADDITIONAL TERMS: ]~uyer agrees to en~r into~ rentaLa~ent for the premi,~es with Se~unL CdadysJ_,J~r..r_io.d_of thr~ (3) years at 5;400.00 per month_at time of clqsJng. Tenant will also rece_,Jy~e~on to contiaue_Jeas~r one (1) additional yearo_ Ctl. adys l.ipa will~e, dzute._a Waiver oLRelo_ca~n_Be, nefik~t the time_of closine (proposed form for Waiver attached_hen:to) TJae Seller is selling and the Buger is purchasing thed~xlpor .ty in~m_2As Ts" condition yeith no warxantiea 242 243 244 245 246 247 248 249 250 26. ADDENDA. Attached are 3 · addenda which are made a part of this Purchase Agreement; 251 252 27. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 253 254 28. MULTIPLE ORIGINALS. Seller and Buyer have signed [number] 3 originals of this Purchase Agreement. 255 256 ,Miller/Davis Co., St. Paul, MN-Form 1300 (1994; Rev. 1996; Rev. 1997; Rev. August 1997) Minnesota Standard Residential Purchase Agreement 257 258 259 26O 261 262 263 Miller/Davis Co. ® St. Paul, MN 651-642-1988 M.S,B.A. Real Property Form No. 1 PURCHASE AGREEMENT / PAGE[ 4 THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. 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 questions for your lawyer. I agree to sell the property for the conditions set forth above. SELLER: ~b~e~~ price and terms and (date) ' Phyll~JJoann Zurbe¢ I agree to purchase the property for the price and terms and conditions set forth above. CITY OF COLUMBIA HEIGHTS BUYER: By Its (date) BUYER: (date) Charles M. Seykora BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 This Purchase Agreement was prepared by: Others who will assist Seller or Buyer with this transaction: Attorney For Buyer Telephone: Facsimile: CHARLES M. SEYKORA BARNA, GUZY & STEFFEN, LTD. 400 NORTHTOWN FINANCIAL PLAZA 200 COON RAPIDS BLVD. MINNEAPOLIS, MN 55433-5894 763-780-8500 Listing Agent and Broker for this transaction are: Telephone: Facsimile: Selling Agent and Broker for this transaction are: Telephone: Facsimile: Buyer's or Lender's Title Insurer: Telephone: Facsimile: Miller/Dsvis Co. © St. Paul, MN 651-642-1988 1317 (NEW 9/96) M.S.B.A. Real Property Form No. 1 1 LEAD PAINT ADDENDUM FOR HOUSI~NG CONSTRUCTED BEFORE 1978 (use only with Minnesota Standard Residential Purchase Agreement, Minnesota State Bar Association 1997) This addendum is a continuation of Paragraph 21 of the Purchase Agreement dated ,2991 by and between Andre_Zur~bev and Phyllis~J_o~LZucbe~, Seller and ' Citv,of C~uJ:Db[~ h t s.._BLLye r for the property located at or described 'as 500_/Mill St, reet: Columbia HPJ,ght~,_Ml~l 554211 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 LEAD WARNING STATEMENT Every purchaser of any interest in res/dent/a/real property on which a res/dent/a/dwe//ing was bui/t pr/or to 1978 is not/f/ed that such property may present exposure to lead from lead-based paint that may p/ace young children at risk of developing lead poisoning. Lead poisoning in young ch//dren may produce permanent neurological damage, including /earning disabilities, reduced intelligence quotient, behavioral problems, and/mpa/red memory. Lead poisoning a/so poses a particu/ar risk to pregnant women. The Se//er of any interest in res/dent/a/rea/property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Se//er's possess/on and not/fy the Buyer of any known lead-based paint hazards. A risk assessment or inspect/on for possible lead-based paint hazards is recommended prior to purchase. LEAD PAINT INSPECTION CONTINGENCY Buyer's obligations under this Purchase Agreement are contingent upon Buyer obtaining within 10 business days of the date hereof a risk assessment or inspection of the property for possible lead-based paint and lead-based paint hazards, the results of which are acceptable to Buyer. This contingency shall be deemed satisfied, and this Purchase Agreement shall be in full force and affect and binding upon Buyer and Seller, unless, within 10 business days of the date hereof, Buyer notifies Seller in writing that the results of the risk assessment or inspection are unacceptable to Buyer. If Buyer notifies Seller of unacceptable results, this Purchase Agreement shall be null and void and all earnest money shall be refunded to Buyer. Buyer may waive in writing this contingency at any time. Seller's Disclosure (a) Presence of lead-based paint or lead-based paint hazards (check (i) or (ii) below: (i) Lead-based paint or lead-based paint hazards are present in the housing (explain). (ii) Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (check (i) or (ii) below): (i) ~ Seller has provided Buyer with all records and reports in Seller's possession or reasonably obtainable by Seller pertaining to lead-based paint and lead-based paint hazards in the housing (list documents below). (ii) Seller has no reports or records pertaining to lead-based paint or lead- based Paint hazards in the housing. Buyer's Acknowledgment (initial) (c) Buyer has received copies of all information listed at (b) (i) above. (d) ~ Buyer has received the pamphlet Protect Your Family from Lead in Your Home. (e) ~ Buyer has (check (i) or (ii) below): (i) __received a 10 business day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and lead-based paint hazards; or (ii) V~ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and lead-based paint hazards. Agent's Acknowledgment (initial) (f) __ Agent has informed Seller of Seller's obligations under 42 U.S.C.4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. S ,er Se, // Buyer Buyer 75 Agent Agent WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. Miller/Davis Co. © St. Paul, MN 651-642-1988 Form 1519R (Rev. 9/99) AMENDMENT TO PURCHASE AGREEMENT SELLER HOLDOVER POSSESSION AGREEMENT "RENT BACK" This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 1999, Minnesota Association of REALTORS®, Edina, MN 1. Date : ?-001 2. Page 1 of ] Pages 3. Amendment to the Purchase Agreement between Buyer and Seller, dated ,20_01 about the 4. purchase and sale of the property at 500 Mill Sb~e~t~_Qolumlz[a_HeJghts. MN 5. The Buyer and Seller agree as follows: ' 6, NATURE AND PURPOSE: This Amendment gives Seller the right to remain in and occupy the property after closing on the 7. purchase of the property. This Amendment remains in effect after the closing. 8. POSSESSION DATE: Seller agrees to deliver possession of the property to Buyer on or before _Ma~d. 2001 or May 31. 200!_ 9. if one-year_extension is invoked by G, ladys. Lipa. ' ' ' (Year) 10. SECURITY AND DAMAGE DEPOSIT: On May 31 Seller will deposit ~ 40QJ~0 with (Date) 11. Buyer iD certified funds, as a security and damage deposit. The deposit will earn statutory interest at the rate prescribed in 12. Minn. Stat. Section 504.20, subd. 2. The Buyer will refund the deposit, plus interest, to Seller, or after Seller moves out of 13. the property and gives possession to Buyer. Buyer may keep amounts necessary to cover unpaid rent or to cover the cost of 14. repairing damage to the property (including personal property and appliances) caused by Seller. If the Buyer keeps all or a 15. part of the deposit, Buyer will provide a written statement within 21 days stating the reason for withholding. 16. PER DIEM: Seller will pay Buyer ,~ . 4QQ,Q0__ per day beginning on the Closing Date and continuing through the 17. above Possession Date. The per diem charges will be paid in full at closing. If Seller remains in the property after the above 18. Possession Date, Seller will pay additional per diem charges to Buyer weekly, in advance. 19. UTILITIES: Seller agrees to continue all utility services in Seller's name and to pay all bills for utility service during the period 20. of the Seller's possession, as they become due. 21. INSURANCE: Buyer and Seller will consult with their respective insurance companies before closing. Buyer will purchase 22. casualty insurance coverage on the property to be effective from the Closing Date. Seller will maintain liability insurance for 23. the property through the date that Seller vacates the property. Seller is responsible for Seller's personal property insurance. 24. Buyer and Seller will provide insurance binders at closing. 25. MAINTENANCE: Buyer will be responsible for all repairs and normal maintenance of the property and personal property 26. covered by the Purchase Agreement from and after the Closing Date. Buyer will keep the property in reasonable repair and 27. order. Seller agrees to perform the following repairs and maintenance: 28. 29. USE OF PROPERTY: During the term of this Agreement, Seller will occupy the property as Seller's personal residence and 30. Seller will not make any changes to the property. Seller will not assign nor sublease the property under this Agreement. 31. HOLD HARMLESS: Buyer is not responsible for liabilities, claims, or expenses from Seller's use, possession, and occupancy 32. of the property. 33. PLEASE NOTE-SELLER'S WARRANTIES: Seller's warranties as to central air conditioning, heating, plumbing and wiring 34. systems, used and located on the property, will be operative as of the Closing Date, as provided in the Purchase 35. Agreement. Buyer has the right to inspect the property before the Closing Date. Buyer will satisfy Buyer at Buyer's expense, 36. that all central air conditioning, heating, plumbing and wiring systems are in property working order on the Closing Date. 37. QUIET ENJOYMENT: Buyer promises that upon Seller's performance of Seller's obligation in this Agreement, Seller will 38. peacefully and quietly have, hold and enjoy the property according to this Agreement. 39. TERMINATION: If Seller fails to leave the property and give possession to Buyer on the Possession Date specified above, 40. Buyer will provide Seller with seven days advance written notice to leave the property. Notice is considered given on the 41. date mailed to Seller at the above address. Seller will leave the property in the same condition as it was at the time of 42. closing. If Seller fails to leave the property, Buyer is authorized to take any action permitted by law to take possession of 43. the property. Buyer will be entitled to recover damages from Seller for Buyer's loss of use in the amount of 44. $30 per day beginning with Possession Date specified above, in addition to all charges 45. and reimbursements stated in this Agreement, and all reasonable costs which result from obtaining possession of the 46. property and enforcing the terms of the Agreement, including reasonable attorney's fees. 47. OTHER: G~pa_has~lle,~ption to extend this re~taJ_a~eml~nt for one (D addJdonal~tr_under the same terms hv notifvinF~BJJver of 48. same aLleasLthirty (30)_day~rior to end of this lease. ' ' ' ' ' 49. References to Seller above are_to_Seller and/or Seller's aunL._Glad~zs_Lipa 50. All ~J~er terms and conditions of the Purchase Agreement will remain. ~~ _//~//~ CITY OF COLUMBIA HEIGHTS 51. / By A~dre' Zur~ey Its (Seller) (Date) (Buyer) (Seller) (Date) (Buyer) 53. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 54. MN:SHP (9/99) IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. WARNING: UNAUTHORIZED COPYING OF THIS FORM PROHIBITED. (Date) (Date)