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HomeMy WebLinkAboutContract 2093/'^ ( 2093 \~ ~~l Execution Copy DEVELOPMENT AGREEMENT Between CITY OF COLUMBIA HEIGHTS, MINNESOTA and SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC. Dated as of May, 12, 2008 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: 337-9300 330225v6 SJB CL162-40 PREAMBLE Section 1.1. TABLE OF CONTENTS ...................................................... ARTICLE I Definitions Definitions ................................ .................................... 2 ARTICLE II Representations and Warranties Section 2.1. Section 2.2. Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Representations by the City .......................................................................... 5 Representations and Warranties by the Association ..................................... 5 ARTICLE III Issuance of Bonds; Disbursement of Proceeds Issuance of Bonds .......................................................................................... 7 Deposit of Funds by Association ................................................................... 7 Application of Project Fund Balance ............................................................ 8 Application of Fee Revenues of Fund Balance ............................................. 8 Special Reserve Fund .................................................................................... 9 ARTICLE IV Construction of Housing Improvements Section 4.1. Section 4.2. Section 4.3. Section 4.4. Construction of Housing Improvements ...................................................... 10 Construction Plans ........................................................................................ 10 Commencement and Completion of Construction ....................................... 11 Certificate of Completion ............................................................................. 11 ARTICLE V Insurance Section 5.1. Insurance Page ..................................................... 1 ..................................... 13 ARTICLE VI Special Covenants Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. No Warranty of Condition or Suitability, Indemnification .............. Financial Statements ......................................................................... Financial Plan; Annual Reports ........................................................ Records and Inspection ..................................................................... Maintenance of Property .................................................................. Covenant to Maintain Net Revenues Available for Debt Service ... ............ 15 ............ 15 ............. 16 ............. 16 ............. 16 ............. 16 330225v6 SJB CL162-40 i Section 6.7. Assignment of Association Assets ............................................................... 17 Section 6.8. Association to Maintain its Existence; Conditions Under Which Exceptions Permitted ......................................................................... 18 Section 6.9. Prohibition Against Assignment of Agreement ............................................ 18 Section 6.10. Notice of Fee Upon Transfer of Housing Units ............................................ 18 Section 6.11. Experienced Property Manager ..................................................................... 18 ARTICLE VII Events of Default Section 7.1. Events of Default Defined ............................................................................ 19 Section 7.2. Remedies on Default .................................................................................... 19 Section 7.3. No Remedy Exclusive ................................................................................. 19 Section 7.4. No Additional Waiver Implied by One Waiver ............................................ 19 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests; City Representatives Not Individually Liable ....................................................................................... 20 Section 8.2. Equal Employment Opportunity .................................................................. 20 Section 8.3. Provisions Not Merged With Deed .............................................................. 20 Section 8.4. Titles of Articles and Sections ...................................................................... 20 Section 8.5. Notices and Demands ................................................................................... 20 Section 8.6. Counterparts .................................................................................................. 20 Section 8.7. Recording ...................................................................................................... 20 Section 8.8. Binding Effect ................................................................................................ 21 Section 8.9. Amendment ................................................................................................... 21 SIGNATURES ................................................................................................................................... 22 SCHEDULE A Description of Property SCHEDULE B Housing Improvements 330225v6 SJB CL162-40 11 DEVELOPMENT AGREEMENT THIS AGREEMENT, made on or as of the 12th day of May 2008, by and between the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City") and SULLIVAN SHORES TOWNHOUSES ASSOCIATION, INC., a Minnesota nonprofit corporation (the "Association"). WITNESSETH: WHEREAS, the City is authorized under Minnesota Statutes, Section 428A.11 to 428.21 (the "Act") to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of the improvements are paid in whole or in part from fees imposed within the area; and WHEREAS, by Ordinance No. 1539 adopted March 24, 2008 (the "Enabling Ordinance"), the Council established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") in order to facilitate certain improvements to property known as the Sullivan Shores Townhouses, which property is legally described in Schedule A hereto and is hereafter referred to as the "Property;" and WHEREAS, by Resolution No. 2008-62 adopted March 24, 2008 (the "Fee Resolution") the City Council imposed a housing improvement fee on Housing Units (as hereinafter defined) in the Housing Improvement Area in order to finance the Housing Improvements (as hereinafter defined) in that area; and WHEREAS, the Act authorizes the City to issue bonds in the amount necessary to defray the expense to be incurred in making the Housing Improvements, which bonds are payable primarily from proceeds of the fee imposed under the Fee Resolution and may be further secured by the pledge of the City's full faith, credit and taxing power; and WHEREAS, prior to adoption of the Fee Resolution by the City Council, the Association submitted to the City a financial plan in accordance with the Act that provides for the Association to finance maintenance and operation of the common elements in the Sullivan Shores Townhouses and a long-range plan to conduct and finance capital improvements therein; and WHEREAS, the City believes that development of the improvements to the Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Housing Improvement Area has been undertaken. NOW, THEREFORE, in consideration of the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 330225v6 SJB CL162-40 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 428A.11 to 428A.21, as amended. "Annual Debt Service" means the amount of principal, interest and redemption premium, if any, payable on the Bonds on any August 1 and the next succeeding February 1. "Association" means Sullivan Shores Townhouses Association, Inc. or its permitted successors and assigns. "Association's Authorized Representative" means Leonard Milton Olson or any successor designated by written notice from the Association to the City. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Bonds" means the general obligation bonds or obligations issued by the City under Section 3.1 hereof to finance the Housing Improvements pursuant to the Act, and any bonds or obligations issued to refund any Bonds. "Bond Resolution" means the resolution to be approved by the Council awarding the sale and establishing the terms of the Bonds. "City" means the City of Columbia Heights, Minnesota. "City Building Official" means Chief Building Inspector, or the City staff person designated by the Chief Building Inspector. "Certificate of Completion" means the certification provided to the Association, pursuant to Section 4.4 of this Agreement. "Certificate of Issuance" has the meaning provided in Section 3.1. "Completion Date" means the date of actual completion of the Housing Improvements as certified by the City Building Official pursuant to Section 4.4 hereof. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Association on the Property which shall be as detailed as the City may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "Contractor" means any person, including subcontractors, who shall be engaged to work on, or to furnish materials and supplies for the Housing Improvements. "Council" means the City Council of the City. 330225v6 SJB CL162-40 2 "County" means the County of Anoka, Minnesota. "Debt Service Fund" has the meaning provided in Section 3.1. "Disbursing Agreement" means the Disbursing Agreement between the City, the Disbursing Agent and the Developer dated as of May 12, 2008. "Enabling Ordinance" means Ordinance No. 1539 adopted by the Council on March 24, 2008, which establishes the Housing Improvement Area. "Event of Default" means an action by the Association listed in Article VII of this Agreement. "Fee" means the housing improvement fee in connection with the Housing Improvements imposed on all Housing Units in the Housing Improvement Area pursuant to the Fee Resolution. "Fee Resolution" means Resolution No. 2008-62 adopted by the Council on March 24, 2008, which imposes the Fee. "Fee Revenues" means all proceeds of the Fee payable to the City. "Financial Advisor" means Ehlers & Associates, Inc. or any successor Independent financial advisory firm retained by the City. "Financial Plan" means the financial plan prepared by Gassen Management Company submitted to the City on March 20, 2008, as amended annually pursuant to Section 6.3 hereof. "Fiscal Year" means any year commencing January 1 and ending December 31. "Housing Improvements" means the Housing Improvements to the Property as set forth in Schedule B hereof. "Housing Improvement Area" means the real property located within Sullivan Shores Housing Improvement Area. "Housing Unit" means real property and improvements thereon within the Housing Improvement Area, consisting of aone-dwelling unit, or an apartment as described in Minnesota Statutes, Chapter 515 or S 15A, that is occupied by a person or persons for use as a residence. "Independent", when used with reference to an attorney, engineer, architect, certified public accountant, or other professional person, means a person who (i) is in fact independent, (ii) does not have any material financial interest in the Association or the transaction to which his or her certificate or opinion relates (other than the payment to be received for professional services rendered), and (iii) is not connected with the City or the Association as an officer, director or employee. "Inspecting Professional" means Northwest Inspection Services, the inspection service selected by the Association to supervise and inspect construction of the Housing Improvements. 330225v6 SJB CL162-40 3 "Management Consultant" means a person or entity, experienced in the study and management of condominium housing and having a favorable reputation throughout the United States or the State of Minnesota for skill and experience in such work and, unless otherwise specified herein, retained or employed by the Association and acceptable to the City whose acceptance shall not be unreasonably withheld. "Maturity Date" means the date the Bonds have been fully paid, defeased or redeemed in accordance with their terms. "Net Revenues Available for Debt Service" means, as of the date of calculation, the balance in the Debt Service Fund and any other fund into which Fee Revenues have been deposited as of the date of calculation, less the amount of fees, as estimated by the City's Financial Advisor, that are anticipated to be payable by the City in connection with the Bonds on or before the next Payment Date to the City's Financial Advisor, the registrar for the Bonds, and the paying agent for the Bonds. "Payment Date" means any date on which the principal, interest and redemption premium, if any, is due and payable on the Bonds. "Project Fund" means the Project Fund to be created by the Bond Resolution. "Property" means the real property described in Schedule A of this Agreement. "Special Reserve Fund" has the meaning set forth in Section 3.5 hereof. "Surplus Fund" has the meaning provided in Section 3.1 hereof. "State" means the State of Minnesota. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles, fire or other casualty to the Housing Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Association's obtaining of permits or governmental approvals necessary to enable construction of the Housing Improvements by the dates such construction is required under Section 4.3 of this Agreement. 330225v6 SJB CL162-40 4 ARTICLE II Representations and Warranties Section 2.1. Representations by the City. The City makes the following representations as _the basis for the undertakings on its part herein. contained: (a) The City is a municipal corporation under the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The undertaking of the Housing Improvements and the issuance by the City of the Bonds are authorized by the Act. (c) On Monday, March 10, 2008, after receipt of petitions by owners of at least 25 percent of the Housing Units in the Housing Improvement Area and due publication and mailing of notice of hearing, the Council held a public hearing on the adoption of the Enabling Ordinance and approved a first reading thereof. (d) On Monday, March 24, 2008, after receipt of petitions by owners of at least 25 percent of the Housing Units in the Housing Improvement Area and due publication and mailing of notice of hearing, the Council held a public hearing on the adoption of the Fee Resolution and adopted the Fee Resolution and the second reading of the Enabling Ordinance. (e) The periods for veto of both the Enabling Ordinance amendment and the Fee Resolution have expired without objection by owners of at least 35 percent of the Housing Units in the Housing Improvement Area, all in accordance with the Act. (f) To finance costs of the Housing Improvements, the City proposes to issue the Bonds as provided in the Act, and to disburse the proceeds thereof to the Association pursuant to this Agreement. The City will initially issue Bonds in the aggregate principal amount as described in Section 3.1 hereof and the Bonds shall be in the form and shall be subject to the terms and provisions set forth in the Bond Resolution and the terms of this Agreement. (g) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Housing Improvements or to the Bonds or questioning the powers or authority of the City under the Act, or questioning the corporate existence or boundaries of the City or the title of any of the present officers of the City to their respective offices. (h) The execution, delivery and performance of this Agreement do not violate any agreement or any court order or judgment in any litigation to which the City is a party or by which it is bound. Section 2.2. Representations and Warranties by the Association. The Association represents and warrants that: (a) The Association is a nonprofit corporation, duly organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its articles of incorporation, bylaws or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its board of directors. 330225v6 SJB CL162-40 5 (b) The Association will construct, operate and maintain the Housing Improvements in accordance with the terms of this Agreement, the Financial Plan, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations, the City stormwater management plan and watershed district requirements). (c) The Housing Improvements constitute a permitted use under any applicable zoning laws. (d) The Association has received no notice or communication from any local, state or federal official that the activities of the Association or the City in the Housing Improvement Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the City is aware). The Association is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (e) The Association will construct the Housing Improvements in accordance with all local, state or federal energy-conservation laws or regulations. (f) The Association will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Housing Improvements may be lawfully constructed. (g) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Association is now a party or by which it is bound, or constitutes a default under any of the foregoing. (h) Whenever any Event of Default occurs and if the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Association under this Agreement, the Association agrees that it shall, within ten days of written demand by the City pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. 330225v6 SJB CL162-40 ARTICLE III Issuance of Bonds; Disbursement of Proceeds Section 3.1. Issuance of Bonds. (a) In order to provide funds to defray the costs of the Housing Improvements, the City will issue Bonds pursuant to the Act that are secured by the Fee Revenues and further secured by the City's full faith and credit. The City will issue the Bonds in the principal amount that will produce, together with prepaid Fee Revenues, funds for deposit in the Project Fund in the amount of $2,557,000 (the "Net Project Amount"), and funds for deposit in a Special Reserve Fund in the amount of $50,000. The Net Project Amount may be such lesser amount mutually agreed by the Association and the City in the event the cost of Housing Improvements and the total Fee is reduced in accordance with the Fee Resolution. The Bond Resolution will establish a Project Fund, a Debt Service Fund, a Special Reserve Fund, a Cost of Issuance Fund and a Surplus Fund. At closing on issuance of the Bonds, proceeds will be applied as follows: into the Debt Service Fund will be deposited capitalized interest through February 1, 2009 together with accrued interest on the Bonds; into the Certificate of Issuance Fund will be deposited amounts necessary to pay costs of issuance; into the Special Reserve Fund will be deposited the amount specified in Section 3.5 hereof; and into the Project Fund will be deposited the balance of proceeds of the Bonds together with all prepaid Fee Revenues. Moneys in the Project Fund will be disbursed from time to time to pay the costs of Housing Improvements in accordance with the Disbursing Agreement. None of the funds in the Project Fund shall be used for any purposes other than payment or reimbursement of such costs of Housing Improvements. The City will sell the Bonds by June 30, 2008, subject to Unavoidable Delays and the City's ability to sell the Bonds under existing laws and market conditions. (b) Under the Bond Resolution, all Fee Revenues in excess of the amount necessary to pay when due the principal, interest and redemption premium, if any, on the Bonds will be deposited in the Surplus Fund established under the Bond Resolution and maintained by the City until the Maturity Date. Subject to the prior pledge of Fee Revenues to payment of principal and interest on the Bonds, the City may at its sole discretion apply funds in the Surplus Fund: (i) to pay registrar and paying agent fees, if any, in connection with the Bonds; (ii) to pay other administrative costs in connection with the Bonds or the Housing Improvement Area; (iii) to pay costs in connection with enforcement by the City of the Association's obligations under this Agreement (provided that any such payment is subject to reimbursement by the Association pursuant to Section 2.2(h) hereof, and nothing in this Section 3.1(b) shall be construed to require the City to pay costs of enforcement in the first instance as provided herein); and (iv) in accordance with Section 3.4 hereof. (c) The City and Association agree, and the Bond Resolution shall so provide, that interest earnings on funds in the Debt Service Fund and the Project Fund will be credited to the respective fund from which the interest was derived. Interest earnings on all other funds and accounts will be credited to the Surplus Fund described in Section 3.1(b). Section 3.2. Deposit of Funds by Association. If the City shall at any time in good faith determine that the amount of funds then on deposit in the Project Fund, together with expected earnings thereon, is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Housing Improvements and shall thereupon send written notice thereof to the Association specifying the additional amount required to be deposited by the Association to provide sufficient funds to complete the Housing 330225v6 SJB CL162-40 7 Improvements, the Association agrees that it will, within ten (10) calendar days of receipt of any such notice, deposit with the City the amount of funds specified in the notice and shall authorize the City to disburse such funds prior to disbursement of any additional proceeds of the Bonds. Section 3.3. Application of Project Fund Balance. Any amounts remaining in the Project Fund upon completion of the Housing Improvements shall be applied in accordance with Section 3.4 hereof. Section 3.4. Application of Fee Revenues or Fund Balance. In the event that, (a) any balance remains in the Project Fund upon the final disbursement therefrom for costs of the Housing Improvements; (b) there is any balance in the Surplus Fund described in Section 3.1(b), or (c) at any time before the Maturity Date the City has available to it Fee Revenues (excluding the proceeds of any refunding Bonds), together with amounts on hand in any funds or accounts under the Bond Resolution, in the amount sufficient to redeem or defease the Bonds in advance of their maturity, as determined by the City's Financial Advisor, the City may, in its sole discretion: (i) apply such excess Fee Revenues or fund balance to redeem or defease all or any portion of the Bonds and cancel any remaining Fees; or (ii) by resolution of the Council, specify additional Housing Improvements (as defined in the Enabling Ordinance) and transfer all or any portion of such excess Fee Revenues or Project Fund balance, as the case may be, in the amount of the cost of such improvements into a project fund (the "Supplemental Project Fund"). Amounts in the Supplemental Project Fund shall be disbursed to the Association to pay the cost of the Housing Improvements specified by the City, substantially in accordance with all the disbursement procedures set forth in the Disbursing Agreement; or (iii) by resolution of the Council, disburse all or any portion of such excess Fee Revenues or Project Fund balance, as the case may be, to the Association for deposit into the replacement fund maintained by the Association (the "Replacement Reserve Fund"). The Association shall establish and maintain a separate subaccount in the Replacement Reserve Fund (the "Excess Revenue Subaccount") in which excess Fee Revenues or any fund balance deposited hereunder, together with interest earnings thereon, shall be maintained. Amounts in the Excess Revenue Subaccount of the Replacement Reserve Fund shall be expended only for Housing Improvements (as defined in the Enabling Ordinance) that are selected by the Association; provided that before making any disbursement of funds from the Excess Revenue Subaccount, the Association shall submit written plans and cost estimates for such Housing Improvements to the City Building Official, which plans shall be deemed approved unless rejected in writing by the City Building Official within 30 days after receipt thereof; or (d) any combination of paragraphs (a), (b) and (c) above. Any balance remaining in the Supplemental Project Fund (if any) after payment of all Supplemental Housing Improvements, and any balance remaining after the Maturity Date in the Debt Service Fund, the Special Reserve Fund, the Project Fund, or any other fund into which Fee Revenues have been deposited shall be transferred by the City to the Association for deposit into the Excess Revenue Subaccount of the Replacement Reserve Fund. Expenditures from the Excess Revenue Subaccount shall be subject to the conditions described in clause (c) above. All covenants and obligations of the Association under this Section shall survive the Maturity Date. 330225v6 SJB CL162-40 g Section 3.5. Special Reserve Fund. Bond proceeds in the amount of $50,000 shall be deposited in a Special Reserve Fund maintained by the City. The Special Reserve Fund may be invested as directed by the City and disbursed in accordance with this Section 3.5 for the following uses: (a) to transfer to the Debt Service Fund the amount of any deficiency described in Section 6.6(a) in the event the Association fails to timely pay such deficiency; (b) To make any payment necessary to cure any Event of Default as provided in Section 7.2, or (c) To disburse to the City the cost of the City's consultant described in Section 6.3(a) in the event the Association fails to timely pay such cost; provided that any disbursement from the Special Reserve Fund under this Section does not constitute a cure of the Event of Default and the Association remains obligated to pay to the City, within the cure period described in Section 7.2 hereof, the amount necessary to restore the balance in the Special Reserve Fund to $50,000. 330225v6 SJB CL162-40 9 ARTICLE IV Construction of Housing Improvements Section 4.1. Construction of Housing. improvements. The Association agrees that it will construct the Housing Improvements on the Property in accordance with the approved. Construction Plans and at all times prior to the Maturity Date will operate and maintain, preserve and keep the Housing Improvements or cause the Housing Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition, all in accordance with Article VI hereof. Section 4.2. Construction Plans. (a) Before issuance of the Bonds, the Association shall submit the Construction Plans to the City Building Official, who shall review such plans on behalf of the City. The Construction Plans shall provide for the construction of the Housing Improvements and shall be in conformity with this Agreement, and all applicable State and local laws and regulations. The City Building Official will approve the Construction Plans in writing i£ (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the Construction Plans are adequate to provide for construction of the Housing Improvements; and (iv) no Event of Default has occurred. No approval by the City Building Official shall relieve the Association of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Housing Improvements in accordance therewith. No approval by the City Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Association in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the City Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 30 days after the date of their receipt by the City Building Official. If the City Building Official rejects any Construction Plans in whole or in part, the Association shall submit new or corrected Construction Plans within 30 days after written notification to the Association of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the City Building Official. The City Building Official's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Housing Improvements, constructed in accordance with said plans) comply to the City Building Official's satisfaction with the provisions of this Agreement relating thereto. The City and the City Building Official shall review and approve the Construction Plans solely for the purpose of determining the Construction Plans' compliance with the requirements of this Agreement. It is the sole duty and responsibility of the Association to assure that the Housing Improvements are designed, engineered and completed in a safe and architecturally sound manner. The Association hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the City or the City Building Official and/or any changes in the Construction Plans requested by the City or the City Building Official. Such waiver shall be binding upon each owner of a Housing Unit, and their respective successors and assigns, who, as a condition of the ownership of a Housing Unit, shall waive any claims or causes of action whatsoever resulting from the review of the Construction Plans by the City or the City Building Official or request for changes therein. Neither the City, the City Building Official or any employee or official of the City shall be responsible in any manner whatsoever for any defect in the 330225v6 SJB CL162-40 1 ~ Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the City or the City Building Official. (b) If the Association desires to make any material change in the Construction Plans after their approval by the City Building Official, the Association shall submit the proposed change to the City Building Official for approval. For the purposes of this Section, a "material change" means any change that (i) increases or decreases the total cost of the Housing Improvements by more than $5,000, or (ii) involves any change in construction materials or design that reasonably requires review for compliance with state and local laws and regulations. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the City Building Official shall approve the proposed change and notify the Association in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the City Building Official unless rejected, in whole or in part, by written notice by the City Building Official to the Association, setting forth in detail the reasons therefor. Such rejection shall be made within twenty (20) days after receipt of the notice of such change. The City Building Official's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Association shall complete the construction of the Housing Improvements by December 1, 2008. All work with respect to the Housing Improvements to be constructed or provided by the Association on the Property shall be in conformity with the Construction Plans as submitted by the Association and approved by the City. The Association agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Association, and such successors and assigns, shall promptly begin and diligently prosecute to completion the construction of the Housing Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. Until construction of the Housing Improvements has been completed, the Association shall make reports, in such detail and at such times as may reasonably be requested by the City as to the actual progress of the Association with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the Housing Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Association to construct the Housing Improvements (including the dates for beginning and completion thereof), the City will furnish the Association with an appropriate instrument so certifying. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Association, and its successors and assigns, to construct the Housing Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Association under Article VI hereof. (b) The certificate provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the City shall, within thirty (30) days after written request by the Association, provide the Association with a written statement, 330225v6 SJB CL162-40 1 1 indicating in adequate detail in what respects the Association has failed to complete the Housing Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Association to take or perform in order to obtain such certification. (c) The construction of the Housing Improvements shall be deemed to be substantially completed as determined by the City Building Official, who may execute the certificate of completion on behalf of the City. 330225v6 SJB CL162-40 12 ARTICLE V Insurance Section 5.1. Insurance. (a) The Association will provide and maintain or cause to be provided and maintained at all times during the process of constructing the Housing. Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the City, furnish the City with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Housing Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City shall be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above- required limits, an umbrella excess liability policy maybe used); and (iii) Workers' compensation insurance provided by all Contractors. (b) Upon completion of construction of the Housing Improvements and prior to the Maturity Date, the Association shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Property and the Housing Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City as additional insured. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Association, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Association may be self-insured with respect to all or any part of its liability for workers' compensation. (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Association which are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Association will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless 330225v6 SJB CL162-40 13 otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Association and the City at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Association may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Association shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Housing Improvements. (d) The Association agrees to notify the City immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Property, the Housing Improvements or any portion thereof resulting from fire or other casualty. In such event the Association will forthwith repair, reconstruct and restore the Housing Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Association will apply the Net Proceeds of any insurance relating to such damage received by the Association to the payment or reimbursement of the costs thereof. The Association shall complete the repair, reconstruction and restoration of the Housing Improvements and the Property, whether or not the Net Proceeds of insurance received by the Association for such purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction and restoration shall be the property of the Association. (e) The Association and the City agree that all of the insurance provisions set forth in this Article V shall terminate upon the earlier of the Maturity Date or termination of this Agreement. 330225v6 SJB CL1621i0 14 ARTICLE VI Special Covenants Section 6.1. No Warranty of Condition or Suitability, Indemnification. (a) The City does -not make any warranty, either express or implied, as to the design or capacity of the H_ ousing Improvements, as to the suitability for operation of the Housing Improvements or that they will be suitable for the Association's purposes or needs. The Association releases the City from, agrees that the City shall not be liable for, and agrees to hold the City, its Council and its respective officers and employees, harmless against, any claim, cause of action, suit or liability for any loss or damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Housing Improvements or the Property or the use thereof. (b) The Association further agrees to indemnify and hold harmless the City its officers and employees, against any and all losses, claims, damages or liability to which the City its officers and employees, may become subject under any law arising out of any act, omission, representation or misrepresentation of the Association in connection with the issuance and sale of the Bonds and the carrying out of the transactions contemplated by this Agreement, and to reimburse the City, its officers and employees, for any out-of-pocket legal and other expenses (including reasonable counsel fees) incurred by the City, its officers and employees, in connection with investigating any such losses, claims, damages or liabilities or in connection with defending any actions relating thereto. The City agrees, at the request and expense of the Association, to cooperate in the making of any investigation in defense of any such claim and promptly to assert any or all of the rights and privileges and defenses which may be available to the City. The provisions of this Section shall survive the payment and redemption of the Bonds. (c) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (d) The covenants of the City and the Association, respectively under this Agreement are intended solely for the benefit of the parties hereto, and no contractor, Housing Unit owner or occupant, or any other party shall have any rights or interests as a third party beneficiary under this Agreement. Section 6.2. Financial Statements. The Association agrees to furnish to the City, by no later than August 15 of year following each Fiscal Year, commencing August 15, 2009, until the later of the Maturity Date and the date all excess Fee Revenues and Project Fund balance, if any, have been expended in accordance with Section 3.4 hereof, a copy of the annual audited financial statements of the Association for the preceding Fiscal Year, including a balance sheet and operating statements, audited by an Independent certified public accountant. Such financial statements shall be accompanied by a separate written statement from such Independent certified public accountant preparing such report that such Independent accountant has obtained no knowledge of any default by the Association in the fulfillment of any of the terms, covenants, provisions or conditions of this Agreement or if such accountant shall have obtained knowledge of any such default the accountant shall disclose in such statement the default and the nature thereof, but such accountant shall not be liable directly or indirectly to any parry for failure to obtain knowledge of any default. The 330225v6 SJB CL162-40 15 Association and the City agree and understand that compliance with this Section constitutes compliance with Section 7.01 of the Enabling Ordinance. Section 6.3. Financial Plan; Annual Reports. The Association agrees to furnish to the City, by no later than August 15 of year following each Fiscal Year, commencing August 15, 2009, until the later of the Maturity Date and the date all excess Fee Revenues and Project Fund balance, if any, have been expended in accordance with Section 3.4 hereof: (a) an updated Financial Plan for the Property prepared by a Management Consultant acceptable to the City, in substantially the form of the initial Financial Plan and providing plans for other capital improvements to the Property through the Maturity Date; (b) a written report by an Independent engineer describing the physical condition of the Property and the Housing Improvements as of the end of the preceding Fiscal Year, with detail sufficient to enable the City to evaluate compliance with the Financial Plan and the Association's obligations under this Agreement. Section 6.4. Records and Inspection. The Association shall maintain (i) copies of federal, state, municipal and other licenses and permits obtained by the Association relating to the operation of the Property and the Housing Improvements, (ii) financial books and records reflecting the operations of the Property and the Housing Improvements, and (iii) all other documents, instruments, reports and records required by any provision of this Agreement or the Financial Plan or by law relating to the Property or the affairs of the Association. The City shall have the right to inspect all such materials, except any materials made private or confidential by federal or state law or regulation, and the Property at all reasonable times and to make such copies and extracts as it may desire. At the request of the City the Association shall furnish to the City, at the Association's expense, a copy of any such materials which are required by the City in the performance of its duties under this Agreement, the Enabling Ordinance, the Fee Resolution or the Act. Section 6.5. Maintenance of Property. The Association agrees that so long as the Bonds are outstanding, the Association will keep or cause to be kept the Properly and the Housing Improvements in good repair and good operating condition at its own cost. The Association shall make all repairs, replacements and improvements to the Property specified in the Financial Plan, as such plan may be amended in accordance with Section 6.3 hereof. Section 6.6. Covenant to Maintain Net Revenues Available for Debt Service. (a) In the event that, 10 business days before any Payment Date, the Net Revenues Available For Debt Service are less than 105 percent of the total principal and interest due on the Bonds on such Payment Date plus $2,500 (the "Revenue Requirement"), the City will provide written notice to the Association of such fact and the amount of the deficiency. Within 10 days after receipt of such notice of deficiency in the Revenue Requirement, the Association shall be liable for and shall pay the City such deficiency. Failure on the part of the City to provide the notice of the deficiency at the time specified herein shall not relieve the Association of its obligation to make the required payment 10 days after the actual notice of the deficiency is provided by the City to the Association. Failure on the part of the Association to make the required payment under this Section within 10 days after receipt of notice thereof shall entitle the City to exercise its remedies under this Agreement, notwithstanding any cure period provided in Article VII hereof. 330225v6 SJB CL162-40 16 (b) 7n the event that the Association makes any payment to the City under Section 6.6(a) and, 10 business days before any Payment Date thereafter the City determines that Net Revenues Available for Debt Service, excluding the amount of all prior payments by the Association under Section 6.6(a), exceed the Revenue Requirement on such Payment Date, the City shall promptly return to the Association the excess in Net Revenues Available for Debt Service over the Revenue Requirement, up to the amount of the prior payment, without interest thereon. Nothing in -this Section 6.6(b) shall be construed to relieve the obligation of the Association to make any payment required under Section 6.6(a) hereof. Section 6.7. Assignment of Association Assets. (a) As security for the Association's obligations under Section 6.6 hereof, the Association does hereby bargain, sell, assign and set over unto the City, all the dues, fees and assessments and other income of any type (the "Dues") owing to the Association from owners of Housing Units in the Property, together with all cash, investments and securities of any type held by the Association now or hereafter in any operating or reserve accounts (the "Accounts"). The Dues and Accounts are referred to collectively as the "Association Assets". This assignment shall constitute a perfected, absolute and present assignment, provided that the Association may, so long as no Event of Default with respect to Section 6.6 hereof occurs, collect and retain all Association Assets. The provisions of this Section 6.7 are intended to be a mere license in favor of the Association and a mere deferral of the City's exercise of its perfected, absolute and present rights hereunder, and shall not be construed to be a future assignment thereof. (b) The Association hereby covenants and warrants to the City that the Association has not executed any prior assignments of any Association Assets, nor has it performed any act or executed any other instrument that might prevent the Association from operating under any of the terms and conditions of this assignment or that would limit the Association in such operation. (c) The Association hereby agrees that, so long as the Association's obligations under Section 6.6 hereof remain outstanding the Association will not, without the written consent of the City, make any other assignment, pledge or other disposition of any of the Association Assets, or consent in any assignment of same; and any such acts, if done without the written consent of the City, shall be null and void. (d) Upon the occurrence of an Event of Default with respect to Section 6.6 hereof, the City shall have the right to withdraw funds from, and liquidate any securities in any Accounts, and collect the Dues from the owners of Housing Units, and apply the same for deposit in the Debt Service Fund. This assignment shall be binding upon the occupants of Housing Units in the Property from the date of filing by the City in the office or offices where this Agreement is filed that an Event of Default under Section 6.6 hereof has occurred and is continuing and service of a copy of the notice upon the occupants of the Housing Units. The expenses, including any attorney's fees, reasonably incurred pursuant to the powers herein contained shall be deemed to be immediately due and payable by the Association to the City and shall be secured hereby. The City shall not be liable to account to the Association for any action taken pursuant hereto other than to account for any Association Assets actually received by the City. (e) The City shall not be obligated to perform or discharge, nor does it undertake to perform or discharge, any obligation, duty or liability under any agreement between the Association and owners of Housing Units in the Property, and the Association hereby agrees to defend and 330225v6 SJB CL162-40 17 indemnify the City and hold it harmless for any and all liability, loss or damage which it may or might incur under or by reason of this assignment and from any and all claims and demands whatsoever which may be asserted against it by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms or covenants contained in any agreement by and among the Association and the owners of Housing Units in the Property, except such claims and demands- that arise- out of the negligence or willful misconduct of the City, its officers, employees and agents. Should the City incur any such liability, loss or damage under or by reason of this assignment, or in the defense against any such claims or demands arising out of this assignment, the amount thereof, including costs, expenses and reasonable attorneys' fees, together with interest thereon at the rate of interest on the Bonds, shall be secured hereby, and the Association shall reimburse the City therefore immediately upon demand. Section 6.8. Association to Maintain its Existence; Conditions Under Which Exceptions Permitted. The Association agrees that, so long as the Bonds are outstanding, it will maintain its existence as a nonprofit corporation under the laws of Minnesota; will not dissolve or otherwise dispose of all or substantially all of its assets; and will not consolidate with or merge into another corporation or permit one or more other corporations to consolidate with or merge into it. Section 6.9. Prohibition Against Assignment of Agreement. The Association represents and agrees that prior to the Maturity Date the Association has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other mode or form of or with respect to the Association's rights, interests or obligations under this Agreement or any part thereof, or any contract or agreement to do any of the same, without the prior written approval of the City. Section 6.10. Notice of Fee Upon Transfer of Housing_Units. The Association agrees that it will use its best efforts to ensure that owners of each Housing Unit upon which a Fee is imposed under the Fee Resolution provide notice of the Fee to prospective buyers or transferees upon any sale or transfer of the Housing Unit. Such efforts by the Association shall include, but are not limited to ensuring that Housing Unit owners include a description of the Fee in each disclosure certificate provided to the purchaser as required under Minnesota Statutes, Section S 15B.4-107 or any successor statute. Section 6.11. Experienced Property Manager. So long as the Bonds are outstanding, the Association agrees to maintain "experienced professional property management" for the Property. For purposes of this subsection, "experienced professional management" shall mean a full time property manager who meets the following criteria: (i) has at least five years of executive property management experience, including experience with multi-unit residential housing; (ii) has experience working with boards and membership organizations; (iii) has demonstrated knowledge of maintenance and construction issues; (iv) has demonstrated knowledge of accounting, financial reporting, budgeting and related issues; and (v) does not have an ownership interest in any Housing Unit and is not the spouse, child, parent or sibling of anyone who has an ownership interest. 330225v6 SJB CL162-40 1 g ARTICLE VII Events of Default Section 7.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any failure by any party to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder. Section 7.2. Remedies on Default. Whenever any Event of Default referred to in Section 7.1 of this Agreement occurs, the non-defaulting party may exercise its rights under this Section 7.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (a) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 7.3. No Remed~Exclusive. No remedy herein conferred upon or reserved to the City or Association is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VII. Section 7.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 330225v6 SJB CL162-40 19 ARTICLE VIII Additional Provisions Section 8.1. Conflict of Interests; City Representatives Not Individually Liable. The City and the Association, to the best of their respective knowledge, represent and agree that no member, official, or employee of the City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Association, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Association or successor or on any obligations under the terms of the Agreement. Section 8.2. Equal Emplo~nent Opportunity. The Association, for itself and its successors and assigns, agrees that during the construction of the Housing Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non- discrimination laws and regulations. Section 8.3. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 8.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 8.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Association, is addressed to or delivered personally to the Association at 730 Sullivan Way NE, Columbia Heights, Minnesota, 55421; and (b) in the case of the City, is addressed to or delivered personally to the City at, 590 40th Avenue NE, Columbia Heights, Minnesota 55421, Attention: City Manager. or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8.6. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 8.7. Recording. Either party may record this Agreement and any amendments thereto with the Anoka County Recorder or Registrar of Titles. The Association shall pay all costs for recording. 330225v6 SJB CL162-40 20 Section 8.8 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the Association and their respective successors, heirs and assigns. Section 8.9. Amendment. This Agreement may be amended only by written agreement of the parties hereto. 330225v6 SJB CL162-40 21 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Association has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) CITY OF COLUA~IBIA HEIGHTS, IvtINNESOTA By Its Mayor -~rY L , Peterson Its City Mana~eh~-Wal ter R. Fehst ~r The foregoing instrument was acknowledged before me this ~ day of 1/V\a , 2008 by Gary Peterson and Walter R. Fehst, the Mayor and City Manager, respectivel , f the City of Columbia Heights, Minnesota, a municipal corporation, on behalf of the City. r_ ~ t ~ 1 y~ r ° ~~~~~~8~ }liE~=f~ f r,; ,::;~;t~>>s Ex~?!~s 01-~i•20i0 ~-ca.~ N ~ Public 330225v6 SJB CL162-40 22 By STATE OF MINNESOTA ) COUNTY OF ~ ~ c` . ) Its The foregoing instrument was acknowledged before me this ~ day of , 2008, by ~ ~eov ~ e ~ ~ (.-ey e~rev~~ z and ,the P~Q ~S (~ ~.NT' and of Sullivan Shores Townhouses Association, Inc., a Minnesota nonprofit corporation, on behalf of the corporation. can w en+oc~ nevu~v we~~c • Nur,rgso~- wrco~+ t~s~tzot~ ,~'- .~.~ No Public 330225v6 SJB CL162-40 23 SULLIVAN SHORES TOWNHOUSES ASSOCIATION, n.rrry SCHEDULE A PROPERTY Lots 1-65, Sullivan Shores, Anoka County, Minnesota. 330225v6 SJB CL162-40 A-1 SCHEDULE B HOUSING IMPROVEMENTS • Remove all exterior cladding (including siding, soffits, fascia and trim boards), roofing materials and damaged roof decking. • Framing repairs, including replacement of deteriorated sheathing, wall studs and damaged framing members. • Replace window flashing. • Remove and re-install windows. • Install new siding, soffits and fascia. • Install new shingle roof and related ventilation. • Install new gutters and downspouts at points of entry, entry doors, garage doors and rear entries at decks and patios. • Miscellaneous mechanical repairs related to above work. Housing improvements also include related costs described in Section 4.02 of the Enabling Ordinance. 330225v6 SJB CL162-40 B_ 1 Execution Copy DISBURSING AGREEMENT (Owner Equity) CPT File No. 30449 Project: Sullivan Shores Townhomes, City of Columbia Heights THIS AGREEMENT is made and entered into as of this 12t~' day of March, 2008, by and among Commercial Partners Title, LLC, a Minnesota limited liability company (hereinafter referred to as "Title") and the City of Columbia Heights, a Minnesota municipal corporation (referred to as the "City") and Sullivan Shores Townhouses Association, Inc., a Minnesota nonprofit corporation (the "Association"). RECITALS: The City has established the Sullivan Shores Housing Improvement Area (the "Housing Improvement Area") pursuant to Minnesota Statutes, Sections 428A.11 to 428A.21 (the "Housing Improvement Act"), which area comprises the property described on attached Exhibit A. Pursuant to the Housing Improvement Act, the City will issue its Taxable General Obligation Housing Improvement Area Bonds, Series 2008A (the "Bonds") in order to finance certain housing improvements (the "Housing Improvements") within the Housing Improvement Area. The City has entered into a Development Agreement with the Association dated Maya 12, 2008 (the "Development Agreement"), under which the City will issue the Bonds and the Association will construct the Housing Improvements financed by net proceeds of the Bonds. The City desires that Title disburse the funds that City may advance from proceeds of the Bonds in connection with the construction of the Housing Improvements within the Housing Improvement Area, and Title is willing to do so on the terms and subject to the conditions hereinafter set forth. For the purposes of this Agreement, all costs of the Housing Improvements (as defined in the Development Agreement" are referred to as "Project Costs." Capitalized terms not otherwise defined herein have the meaning provided in the Development Agreement. NOW, THEREFORE, in consideration of the covenants set forth in this agreement and other good and valuable consideration, the receipt and the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Deposits with Title. City will deposit with Title from time to time funds in amounts to be determined and pursuant to the provisions of this Agreement. 12/06vers 2. Purposes of Disbursements. Subject to the terms of this Agreement, Title is authorized and directed to disburse the funds deposited hereunder to: a. Pay Project Costs incurred by the Association. b. Obtain waivers, releases and satisfactions of liens and other encumbrances, if any, pursuant to statements of amounts due which must be approved by the City. 3. Inspecting Professional and Contractor. The Inspecting Professional is Northwest Inspection Services and the General Contractor is Metro Remodeling & Renovation, LLC. 4. Conditions of First Disbursement. Prior to the first disbursement of funds hereunder, Title shall be furnished: a. A copy of the construction budget or use of proceeds schedule executed by the City and the Association setting forth the amounts budgeted to be disbursed for all items which in the aggregate constitute Project Costs. Disbursements for such items listed as Project Costs shall not occur more often than once monthly. b. An up-to-date sworn statement prepared by the Contractor and co-signed by the City and the Association disclosing the various subcontracts entered into by the Contractor and setting forth the names of all Subcontractors with whom the Contractor has contracted to date, their addresses, work or materials to be furnished, amounts of the contracts, amounts paid to date, and balance due. c. Copies of the Construction Contract, and any other construction documents required by Title in its discretion. 5. Conditions of Each Disbursement. Prior to each disbursement of funds hereunder, Title shall be furnished: a. An up-to-date sworn statement of the Contractor and co-signed by the Association setting forth all Subcontractors with whom the Contractor has contracted to date, the amounts of the subcontracts, the amounts paid to date, the amounts being requested and the balance due. b. The request for payment ("Request for Payment") executed by the Association and the Contractor in connection with the requested disbursement, together with approval or certification of completion from Architect, if any. c. Sufficient funds to cover the requested disbursements, and to pay for extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. 2 12/06vers d. Sufficient funds to cover any unpaid title charges, tract search update charges and disbursing fees. e. Mechanics lien waivers or releases from both the Contractor and all subcontractors with respect to amounts disbursed pursuant to the immediately preceding Request of Payment satisfactory to Title. £ Resolution satisfactory to Title of all outstanding title issues, including but not limited to, mechanic's liens or judgment liens served or filed of record. (Such resolution may include funds to be held by Title in escrow in excess of the claimed amount of the lien, or such other options as Title may determine.) g. The City and Title have received a written statement from the Association's Authorized Representative and the Architect certifying with respect to each payment: (i) that none of the items for which the payment is proposed to be made has formed the basis for any payment theretofore made under this Agreement; (ii) that each item for which the payment is proposed to be made is or was necessary in connection with the Housing Improvements; and (iii) that following such proposed payment sufficient moneys will remain on deposit in the Project Fund to provide for payment in full of all remaining costs estimated to be incurred in order to complete the Housing Improvements. In the case of any contract providing for the retention of a portion of the contract price, there shall be paid from the Project Fund only the net amount remaining after deduction of any such portion. h. Written confirmation from the City that no Event of Default under the Development Agreement, or event which would constitute such an Event of Default but for the requirement that notice be given or that a period of grace or time elapse, has occurred and is continuing. SA. Conditions Precedent to the Final Disbursement. The making of the final disbursement hereunder shall be subj ect to the condition precedent that the Association shall be in compliance with all conditions set forth in Sections 4 and 5 hereof and the following: (a) Prior to the Completion Date as defined in the Development Agreement, the Housing Improvements have been substantially completed in accordance with the Construction Plans and Article IV of the Development Agreement, and the City shall have received a certificate of completion from the Association and the Inspecting Architect, certifying that to the best of their knowledge (i) work on the Housing Improvements has been completed in accordance with the Construction Plans and all other labor, services, materials and supplies used in such work have been paid for; (ii) the completed Housing Improvements conform with all applicable building laws and regulations of the governmental authorities having jurisdiction over the Housing Improvements; and (iii) lien waivers submitted to Title hereunder cover all labor, services materials and supplies in connection with the Phase Housing Improvements. (b) The City shall have received satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved 12/06vers by such authorities and by the bureau, corporation or office having jurisdiction, and that all requisite certificates of occupancy and other approvals have been issued. (c) Notwithstanding anything to the contrary in this Section, the City shall be entitled to retain the five percent retainage specified under Section 6 below for up to 90 days after the Completion Date as defined in the Development Agreement. Such amount will be released by the City to Title to disburse upon the Association's performance to the City's satisfaction of all the conditions of paragraphs (a) through (c) of this Section and review and approval by the City Building Inspector of punchlist work and any work needed to correct defects in completed work on the Housing Improvements. 6. Title to Notify City; Transfer of Funds to Title's Account. Not later than five (5) business days following receipt of the documents or other performance delivered to it pursuant to Paragraph 5, Title will notify the City orally or in writing (i) whether the delivered documents and performance are satisfactory to it and (ii) whether it has received lien waivers from the Contractor and all subcontractors who should have been paid by it from the proceeds of the disbursement made in response to the previous Request for Payment. If waivers are missing, Title will promptly advise City and Association in reasonable detail, of the deficiency or missing lien waivers, as the case may be. If such deficiency is corrected to the satisfaction of Title, or if missing lien waivers are furnished to Title, or if the City is initially notified by Title that the documents delivered to it are satisfactory and that such lien waivers have been delivered to it, then City will (on the requested date of disbursement) transmit to Title the amount of the disbursement applied for the relevant Request for Payment, or so much thereof as City may approve, less a retainage of five percent, by transfer of such funds to Title for deposit in Title's bank Account No. 397 034 0253 maintained with Wells Fargo Bank. 7. Payments by Title. Upon receiving the funds transmitted by City pursuant to Paragraph 6, Title will pay the Contractor, each Subcontractor and all other persons identified in the relevant Request for Payment. If, for any reason any of said funds on deposit in Title's account are not disbursed by Title by the close of business on the fifth (5th) business day following credit of funds to its account, Title will forthwith remit to the City in immediately available funds, the amount of the funds in such account that were not disbursed. Title shall not be liable to City or the Association for interest on the funds deposited with it. 8. Books and Records Title will keep and maintain, at all times, full, true and accurate books and records, in sufficient detail to reflect the disbursements made by it hereunder. The City may, during normal business hours, examine all books and records of Title pertaining to the disbursements made by it hereunder and make extracts therefrom and copies thereof. 9. Disbursements to Subcontractors. All disbursements for construction items maybe made to the Association's Contractor (who it is expected will thereafter promptly pay subcontractors for the work or amounts listed in the draw request) or may be made directly to the Subcontractors, in the discretion of Title. 4 12/06vers 10. Liability of Title. The functions and duties assumed by Title include only those described in the Agreement, and Title is not obligated to act except in accordance with the terms and conditions of this Agreement. Title does not insure that the Improvements will be completed, nor does it insure that the Improvements when completed will be in accordance with the Plans and Specifications, nor that sufficient funds will be available for the completion, nor does it assume any liability for same other than procurement as one of the conditions precedent to each disbursement. Title has no liability for loss caused by an error in the certification furnished it hereunder as to work in place. Title shall not be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of Title. 11. Indemnification of Title. The Association agrees to indemnify Title against all losses, claims, damages, liability and expenses, including without limitation costs and investigation and legal counsel fees which may be incurred or imposed upon Title in connection with Title's performance of its duties under this Agreement, including without limitation any litigation or other non judicial proceedings arising from this Agreement or the subject matter thereof. 12. Title and Escrow Charges. The City shall pay to Title disbursing charges as they are determined, together with real estate search update charges. City shall pay to Title an administrative fee of not less than $250.00 (or more in the event of anon-routine draw, which may be considered non-routine because of unresolved liens, insufficient prof ect or lien waiver documentation, disputes between parties, etc.) per disbursement, which along with any title search update and endorsement fees, are due and payable at the time of funds disbursement. Title acknowledges receipt of the sum of $1,000.00 from City as a deposit against such charges. 13. No IRS-1099 Reporting_by Title. The parties acknowledge that Title shall not be responsible for creating, furnishing or reporting any IRS 1099 notices for any payments it disburses under this Agreement. 14. Miscellaneous. This Agreement shall be binding upon the parties hereto and their respective successors and assigns; provided, however, that Title may not assign its duties hereunder without the prior written consent of the City. This Agreement can be amended or modified only by a writing signed by the parties hereto. This agreement shall be governed by the laws of the State of Minnesota. 15. Waiver. The City may, in its sole discretion, without notice to or consent from any other party, waive any or all conditions for disbursement set forth in this Agreement. However, the making of any disbursement prior to fulfillment of any condition therefor shall not be construed as a waiver of such condition, and the City shall have the right to require fulfillment of any and all such conditions prior to authorizing any subsequent disbursement. IN WITNES S WHEREOF, the parties hereto have executed this Agreement the day and year first above written. 5 12/06vers COMMERCIAL PARTNERS TITLE, LLC By Its c ~- -. 12/Obvers CITY OF COLD] 12/Obvers SULLIVAN SHORES TO/ OUSES S C ATION,`INC ______ ~ __ ~ts /Y~~/l 12/06vers Certl~cate of Substantial Completion PROJECT: PROJECT NUMBER: 0!, Huiltlittg #1 (Name and Address) CONTRACT FOR: Extea~ior Retttag~ati€stt ~u~~~va>l~ ~hor°~~ '~'o't~'rah®li~e CONTRACT DATE: i~lat-ch 24, 2008 ~a:tc~~o~° eo~:~tao>IA ~t°ojc~:t 70 OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) ~tt!livan Shat°es Ttazvnhaaetses AsstBCiati®n, inc. I~etr~ I~ettt~tielitag ant! I3enovati®n, C~,~;' ~'cltttttl~ia I~trights,lQ'~inr,csata H550 - CIS` Ao~etstte 1~II/, Sttite I I4 l~lairae, h!linttesoda 5449 GONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: (_~ OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCX SHALL INCLUDE: P®®~ng, sidi€sg and athct° tniscc!lanesatts exterimt° ren€a~ati~n to the !,t°ernises lttcatctd at: Su!li~ait Shtos-es Ratilding #I 600, 604 and 608 Sta!livan Dt°ie~e, Celnrrtbia lheights, I~/Iinncsttta. The Work performed under this Contract has been reviewed and found to the Inspecting Professiona110wners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: FREDRICK H. PATCH December 1 2008 INSPECTING O ESSIONAL/ BY DATE OF ISSUANCE OWNERS' REPR SENTATIVE A list of items to he cottected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the final Certiftcate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: t The Contractor will complete or correct the Work on the list of items attar d hereto within Fifteen (1 da CONTRACTOR ~ gY The Owner accepts the Work or designated portion as substantially complete and assume full possession aY :` ~~ir~~ ,~,~~~ ~ f. WNE~ ~' SY ys from the date of Substantial Completion. ~-~ -d~ DATE ___a.rrx/p. m. on December _, 2008. _ .~%s/ DAT~~ The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance requirements and coverage.) ~~:~+~; ~~~ :cot ,F- , ... , ~..~~nzt _ ?~t Certificate of Substantial. Completion PROJECT: PROJECT NUMBER: 01, ~ttiiding #2 (Name and Address) CONTRACT FOR: F,~tet•imt- I~en~vatirart ~a~~~'arI ~t~I°es TO~Ioxaa~ CONTRACT DATE: arch 29, 2068 ~~t~y°~oi<° ~~~n®~~ati0n ~ro,~e~~ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Suiiivata Shcres Tatvvnht~ttses !-~s~~~i~ti~tt, Ittc, I~Iet<rv I3ent~d~8in~ and I~en~vati®tt, LLC' Ctt~t,rrtbia Heighls,l:litittcscta 1~~0 - 91S` A~erttae ICE', Suite 110 liiaine, I~6:innescsta X449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: I~ OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: ~~olang, siding and ether ntisccilanetftps e~teriur rentavati®n tta the prerttises 1®cated at: Sttiiivan Shaves 1$ttiiding #2 612, 516 and 620 Sttilivan Dri~rc, C'®iun~bia Heights, 1~Einrtes®ta, The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that poriion designated above is the date of issuance established by this Certificate. Said date shall also the date of commmencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: -~..._ INSPECTING P O SSIONAIJ OWNERS' REPRESENTATIVE Date of Commencement: ~'REDRICK H. PATCH December 1 2008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such. list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the tinat Certificate or Payment or the fatal payment date, Cost estimate of Work that is incomplete or defective: l The Contractor will complete or correct the Work on the list of items attac ed hereto within Fifteen (1~ days from the date of Substantial Completion. ~a ~ ~, ~ I~ 3-~ - o~ CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and assume full possession at a.rn./p.m. on December___, 2008. O R B DATE 'The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's acrd Contractor's insurance and legal counsel must determine and review insurance requirernenls and coverage.) Certificate ~f Substantial Completion PROJECT: PROJECT NUMBER: Ol, I$uiidin8 #3 CONSTRUCTION (Name and Address) CONTRACT FOR: Ii: tterittt- €Z~eto`~a$i®tt MANAGER: ^ ` OWNER: ^ ~t~~~~vaD ~he~>l•~s ~oD~~eh~~ ° CONTRACT DATE: as-ch 29, 20aif# ARCHITECT: ^ ~~t~i"~or° f2en~a~~~tl!en ~~°tlf ~~~ .~ CONTRACTOR: ^ FIELD: ^ OTHER: ^ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) S ul ltva n ~h ®r~es 'I'~~ v nitct~s~s f~ss~et~ti lt~Paov~ t icaat, LLC' tan, Itfl~° l~i~ tr® R t;nl ~delfn~ a n d gg gg ®® ~~ /~ pp~~ g ^+ 'i.. Q'B tt ret fi7ta 4d~t~ll6~ug JS'~ttb $e ~'~43¢6~. cc gq gg ~~ ([ ~~ ,,{{ ~~ii n ~7 8~~9® °' 71St t9v~rt tt~ 1~Y'ay r.9~tt~~ E~@P I$iaine, l~innes®ta ~~49 PROJECT OR PORTION OF TAE PROJ ECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: Att~$in~, sidirt~ and saltier aaaisce9iataeaus exterior t-etaevaYi€ttt to fhp premises itseattvsi aI: Suliivart ~Itot°es ~ttii~in~ #3 (a30, X34 attci 6~~ StaYRivata Lane, C~litt~tbia Ileiglfllsq inner®la. The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize lire Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required. by the Contract Documents, except as stated below: Warrantee: /NSPECTING P F SIONALI OWNERS' REP ES NTATIVE Date of Commencement: FREDRICK H. PATCH December 12008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in wilting, the date of commencement of warrantees for items on the attached list wilt be the date of issuance of the final Certifrcate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of its s att hed hereto within Fifteen )days from the date of Substantial Completion.. ~' . CO RACTOR BY DATE F The Owner accepts the Work or designated portion as substantially complete and assume full session at _ a.m./p.m. on December _, 2008. i OWNER BY DATA- -' The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shalt be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance requirements and coverage.) i .- %;.~ a Sr.i!_ !"oi e~ti~cate of Substantial Completion PROJECT: PROJECT NUMBER: If I, f~ttifdittg #4 CONSTRUCTION (Name and Address) CONTRACT FOR: I1Atea°ior I~envvativn MANAGER: ^ ~n~~~'~an Silto~°~~ '~'tl~v~Icti#~~ CONTRACT DATE: i~Iat•ch 29, 2®08 OWNER: ^ ~;~t~~°a€~~• ~~~€~€~~t~€~~t ~I°o,~~;~~ ARCHITECT: ^ CONTRACTOR: ^ FIELD: ^ TO OWNER: TO CONTRACTOR: OTHER: ~ (Name and Address) (Name and Address) Sitfff~~an ~hores'Tvs~tthvuses Assveaatevn, Inc. 1~Ietrv I?enivcleffn~ and 13enovativn, t.fJC Cvftttttbfa Iaef~hfs, 1'Iittrtesvta I~54 a ~I§` Avenate I~IE, ~ufte IBQ Rtafne, Minnesota ~44~ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: I~ov~ng, sidattg attd other` tttfsceffaneotts exterior t•ettvvatiott tv t3te pt'emises fvcated ate sttllivan ~Itot°es t~atfftlftt~ #4 642, 646 and 6S0 ~uffivatt lane, Cvittmbia I4ei~hts, ii~Iitattesvta. The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: INSPECTING P FE SIONAL/ OWNERS' REP ES NTATIVE FREDRICK H. PATCH December 1 2008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list wilt be the date of issuance of the Tina! Certificate or Payment or the final payment date, Cost estimate of Work that is incomplete or defective: The Contractor will complete or corect the Work on the list of ems , ched hereto within Fiftee (IS) days from the date of Substantial Completion. ~~,~ ~ ~~ ' t~~( CONTRAC BY DATE The Owner accepts the Work or designated portion as substantially corPlplete and assume full possession at a.m./p.m. on December _~ 2008. OWNER-~l ~ BY -~~ //~ DATE The responsibilities of the Chvner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's naurance acrd legal enunsel must determine grad review insurance requirements and coverage.) ., ,~ ~a~~; i f t u ~; 1. -r. - `? .~~{ Certificate of Substantial Completion PROJECT: PROJECT NUMBER: (Name and Address} CONTRACT FOR: ~~€~~>#~alt ~~®~°~~ To®~I~~aoc CONTRACT DATE: ~l~er°ior ~nc~~t~o~a ~r~,~cct O1, 1$niitiing #~ Extet•inr lien~vatitatt ~~ar~n z4, 200 CONSTRUCTION MANAGER: ~ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: ^ OTHER: ^ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address} Sullivan Sh®res 'T®vvnitttttses Ass€tciati®n, dtac. I~etr® p3etnndeling and lien®vati~tt, L11C Ceiutnbia 1-leiglats, ineteseta 1550 - 91ti` Avtnue PIE, Suite 1.10 i~iaine, iViinnesOta 5449 PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: l~Ott$ang, siding atad ether trtascellanettus extea•itrr rettcsvatitin tm lire pt-eenises iecated at: Sttlli~~art Sheres 13ttilding #5 613, 617, b21 and 625 Sullivan ®rive, Celurrabia Heights, [i4inneseta. The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date oi'commencement ofapplicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: ~. FREDItICK H. PATCH December 1 2008 INSPECTINr; PR FE S/ONAU BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to cornplete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the fmal Certifcate or Payment or the finat payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of ite hed hereto within Fifteenf 5) days from the date of Substantial Completion. ~-- 3 g Q ~ CONTRACTOR 8Y DATE The Owner accepts the Work or designated portion as substantially complete and assume ful! possession at____ a.m,/p.m. on December__, 2008. r S~~C ~~~,~/ .S~~~~~.s~ OWNER B y - ~~ ~ --- DATE The responsibilities ofthe Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shalt be as follaws: (Owner's and Contractor s insurance and legal counsel must determine and review insurance requirements and coverage. } '., r. pF;C t ~L~rilu y' ( •1 fir; ,~r: Certificate of Substantial Completion PROJECT: PROJECT NUMBER: 01, -3ati-ding ' ~ (Name and Address) CONTRACT FOR: ~xterinr I~eatovatia~aa ~~111><~an ~~~~°~~ '~'ol>rh€al~~ CONTRACT DATE: ~~aa-ch 29, 2008 ~~t~~°>fo~° ~~li~~~t~t~ex~ ~~°a,~~~l TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) 5ta0-ivaia ,Shams T€to~nda®aa~es Asssicialirsaaq 1rac. i~etr~ Re~eede-ing and ite~avatican, Z,LC` C~-aaaaa-~i~ -~eig-a1~,1°J~itaate~aata -55d - 9-" Aveaaate l~dt:, Suite I IO 13-aine, IYlinaaestata 5449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIEI t~: ^ OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: life®fiaap, sidisa~ land nt-aer ataisc°e--aaae0ats e~tea°ilaa° a-eaZaaviatiora t® the preanise~ -acated tat: Sat--i~~ta S-aaa•es Iltli-dirt #6 ds29, 633, 63'3 ~ttd 64I Saa--ivaaa Da°iwe, C®-aaraabitt 1leig-tt~, lY-inra~~aita. I'he Work perfornaed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Projector that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract llocuments, except as stated below: Warrantee: INSPECTING ESS/ONAL/ OWNERS' REPRESENTATIVE Date of Commencement: FItt/DRICK H. PATCH December 1, 2008 BY DATE OFlSSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will he the date of issuance of the fmal Certificate or Payment or the final payment date, Cost estimate of Work that is incomplete or defective: 1'he Contractor will complete or correct the Work on the list of items ached hereto within Fitt n (IS) days from the date of Substantial Completion.. f CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and assume full possession at a. m./p.m. on December _, 2008. ~ -mod ~< 4/,f~'~ J ~~ ~L:,~ .S~ <,>~ ~ ,,,III~~~ C'° ~ OWNER BY DA E The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance regairements and coverage.) r~ ~, .,. , a , n ~ nn ~ `? ,, Certificate of substantial Completion PROJECT: PROJECT NUMBER: OI, Ettildittg #7 (Name and Address) CONTRACT FOR: I;zlee°iot' Renovation ~~~~~~~r~ ~®~°~~ T~s~n~om~ CONTRACT DATE: ;~Iart°h 29, 21~OS ~:~tcr°fo~ ~rlo~~t~on ~~°~,~~~t TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Stilliva~a ~ho~-es 'I'o~t'nlaotises Assaa~ia9:io'a, Intr, I~Jletro Reanodeling and Renovation, LI.,C Colaasrtl$ia H° iglus, I~Jlittteesota I550 m 9I't Avectue NIJ, Satite Il0 iitaine,l~%iinnesota 5444 CONSTRUCTION MANAGER: ^ OWNER: ARCHITECT: CONTRACTOR: ^ FIELD; Gl OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: RooEng, siding and olhe~• tttiscetlaneous exterior t-enovation to the pretnises Iocatecl at: Sullivan Shot•es Ruilcling #7 b45, 649, 651 and b55 Sullivan I3rive, Co-tzrnhia I-Ieights, 1~Iinnesota, The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is suffrciently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of tihe ProjecK or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: -- FREDRICK H. PATCH December 1 2008 INSPECTING P O ESSIONAU BY DATE OF /SSUANCE OWNERS' REPR ENTATIVE A list ofttems to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work. in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the final Certificate or Payment or the fmat payment date. Cost estimate of Work that ie incomplete or defective: The Contractor will complete or correct the Work on the list of items at ched hereto within FiR n (15} days from the date of Substantial Completion. C NTRACTOR-P~~`'-'~ - BY f ~ DATE 1'he (honer accepts the Work or designated portion as substantially complete and assume full possession at _.,._ a.m./p.m. on December _, 2008. ~''"'~ ~ t / ~~ OWNER BY DATE The responsibilities of the Owner and Contractor for maintenane:e, security, temperature control, utilities, instuance and damage to the Work shall be as follows: ((boner's arrd Contractor s nzsurartce and legal counsel must determine and review insurance requirements and coverage.) erti~cate of Substantial Completion PROJECT: PROJECT NUMBER: Ofl, I3itittlin~ #8 (Name and Address) CONTRACT FOR: Exterior Renovation ~~~~i~~~ ~~orc~ '~'e~n~io~ac CONTRACT DATE: March 24, 2008 ~+;~ct~~°ei~l° ~ni~~~at~en ~>re,~~~~ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Stoi9ivan Shoff°es Towvnhonses Association, Into. I~4`etro I2eniotlelietg attcl Renovation, LL.C C€aiuntbia flsei8hts, ~flinriesota 1550 - °Ist Avenue I~1E, Snite fl10 I~laine, R9i,tnt'sota 5449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELC: n OTHER: ~ PROJECT OR PORI7ON OF TIIF, PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: Roofing, sitlin~ and other miscellaneous exterior renovati®n to the premises 9ocated at: Sttlli®~an Shores Hitildin~ #8 659, 663 and 667 sttllivatt I3e°ive, Colurnlaia heights, i~/Iinnesota. The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sulTiciently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Projector that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: ,_ ___~ FREDRICK H. PATCH December 1.2008 INSPECTIN P OFESSfONAL/ BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the fmat Certificate or Payment or the fmal payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items attached hereto within ___o ~ c~ _ CONTRACTOR BY (15) days liom the date of Substantial Completion. _ ~- ~ -~~ DATE The Owner accepts the Work or designated portion as substantially complete and assume full possession at OWNER 8Y a.m./p.m. on December __, 2008. ~~,~f ~ DA E The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's urrd Contractor's insurance and legal counsel must determine and review insurance requirements arad coverage.) Certificate of Substantial Completion PROJECT: PROJECT NUMBER: 01, T3uilding #9 (Name and Address) CONTRACT FOR: Extct•ior Retovation ~>tlilyval~ ~ito~~~ Ttr'~l~hta>r~e CONTRACT DATE: i4areh 29, 20€I8 E~t~I~ior ~rlcvat~t~ra ~lrc,~~~t TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) ~etliivan Sho,°es 1'oevnhoatses Association, Ine, 1~ett°o R.etnocie>lin~ and Renovation, ~,LC Coittinbia Heights, ~/iinnt:sota 155®- 91St Avetiuc N ~'-, '~ttite 1141 Blaine, i~3innesota 5444 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: ^ OTHER: ^ PR03ECT OR PORT[ON OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: RooFing, siding and other snisceiianeotts extei-iot° rettovation to the Isrc:ntises located at: SteEiivan Shores Rnilcting #9 571, 575, 579 and 583 Ses6iivan Dt°ive, Coiutni~ia Heights, t~Iintresota. The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: _~_ _ __ FREDRICK H, PATCH December 1 2008 INSPECTING R FESSI ONAU BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list wilt be the date of issuance of the final Certificate or Payment or the fmal payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items at~ched hereto within Fift~cj{i (15} days Gom the date of Substantial Completion. r ~ `fit ec~ ~ _ ,;- ~a ~ U~ CONT ACTOR BY / DATE The Owner accepts the Work or designated portion as substantially com J ete and assume full possession at a.m./p.m. on December ___, 2008. ~r ~~~ .~~' ~ s ~ l OWNER BY DATE "fhe responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (CJwner's and C,ontrartor's insurance and legal counsel must determine arut review insurance requirements acrd coverage.) Certificate of Substantial Completion PROJECT: PROJECT NUMBER: O1, ffiuiltlietg #p0 (Name and Address) CONTRACT FOR: ~;ateriot° &eenovatiott ~~lll~~an ~t~re~ Ttanllto~~~ CONTRACT DATE: arch 29, 2008 ~~tct°IO~ ~tle~~at~on ~°tt;~~~ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) ~ui9iv~n Shot'trs To~vt<hottses Association, Inc. i4/Ietro IZentodeling ~ted 18ettovaticrta, t.L~: Colt€sstiri~ Heights, 1/fittnesota I5~0 m 9ZSt Avenue I~~', Suitc I I0 t3laine, t~innesot~ X449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: , CONTRACTOR: ^ FIELD: ^ OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: Itoo~ittg, siditt~ ~ttd otiter° rraiscei-~neot€s cxtet°iot° renovation to thts prceniscs Eoc~ted ~t: Stoilivatt Shores Iluiiding #30 E87, 691, 69~ and 699 Sniiivart Drivc, C'oiettttbia Hci~hts, Minnesota, The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufTiciently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. "I'he date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shaft also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: INSPECT/NG P O SSIONAL/ OWNERS' REPRESENTATIVE Date of Commencement: FREDRICK H. PATCH December 1 2008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor la complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of wanrantees for items on the attached list will be the date of issuance of the final Certificate or Payment or the final payment date, Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of ite ~s att~hed hereto within F~~en (IS) days from the date of Substantial Completion. CON RACTOR -~~ BY DATE 1'he Owner accepts the Work or designated portion as substantially compete and assume full possession at _a.m./p.m. on December,-, 2008. fir. ((~` r //`` /~ _ _.J t.Grr' `lam ~~~ f L. L..~ ..' ,~ ~ `~ OWNER BY DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and 7ega1 counseC must determine and review insurance requirements and coverage.) ertlficate o~ substantial Completion PROJECT: PROJECT NUMBER: 01, I3ttildin~ #I1 CONSTRUCTION (Name and Address) CONTRACT FOR: Exleri~r Restovatit~rt MANAGER: ^ ~l~iii~ala Silor°c~ '~'o~not~c CONTRACT DATE:~eat~ch 2~, 2404 OWNER: ^ ~:xtclr°i®r° crl~~T~titan ~~o~c~t ARCHITECT: ^ CONTRACTOR: ^ FIELD: I-I TO OWNER: TO CONTRACTOR: OTHER: ^ (Name and Address) (Name and Address) ~ttllivan ~hmt•es T~~~nh®tgses Asst~ciatittt~, Inc< Metro Ifietntadelin~ and Iten®vation, LI.C Craittirti-Bia }Iei~-tts, l~tlntneseta I~~O - 91S` Avetane I~I~, Juste iI0 ~laiate, t~snnes®ta 5444 PROJECT' OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: I~oefing, sidsn~ and ®thet° nsissellane~ns exter°itir° t°eea~v~Ii~rt t~ the pr~rnises las~t~d at: ~uili~an ~1~~~°es I3uiEdinB # i I 640, 644, 648 ant9 6~2 ~uilivan Oa°ive, t:'elttnabia I-lesglats, l~%Iinnes~ta. 1'he Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: ~RU 'D FIZEDRICK H. PATCH December 1 2008 lNSPECTIN R FESSIONAlJ BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to he corrected or completed is attached hereto. failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list wi[i be the date of issuance of the final Certificate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: 'the Contractor will complete or correct the Work on the list of'tem attached hereto within~'i een (IS} da _. ..~ D ~ ~ ~; CONTRACTOR BY ~~ The Owner accepts the Wark or designated portion as substantially co plete and assume full possession at ~ ~` ~!~y-' --~.~-„ .fir -. OWNER By ys from the date of Substantial Completion. ~' g ~4~ 1 DATE _a.m./p.m. on December _~ 2008. /~~~ DATE The responsibilities of the Owncr and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Wark shall be as follows: {Uwner's and Contractor's insurance and legal caunsel must determine and review insurance requirements and coverage.) r ~ .,. ~~ , ~ ~ i~ ~1 ertifcate of Substantial Completion PROJECT: PROJECT NUMBER: OI, I3zziitiizt~ #I2 (Name and Address) CONTRACT FOR: Exterior Renovation ~~z~l;ivan ~1iflo>i°tus ~o~~Il~a®rl~~ CONTRACT DATE: i~az-s:It 29, 2Q08 ~~t~~°~~sl° ~nov~t~on P~°o~~~~ TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) ~tzllivan ~Izor~e~ Toavtt[zouses A~s€aciation, Ins, i~Ietro Rezxzodelita8 and Renovationz, LL,C Colttztabia I~ei~Itts, 1~Tinne~ota ]~50 - 9I`~ Av~ntB~ I~II/, ~5tzite B I O ITiaine, I~'Aizznesota ~44~ CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: ^ OTHER: ^ PROTECT OR POR1'TON OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLITDE: Roo>~ng, ~idin~ and otltez~ zrzisecl9azaeott~ exterioz• rezzovation to th€; pz°ezzflise~ loeated ate ~uIlivan ~Itez°e~ I3uildizzg #12 660, 66~, 66R, and 6'92 Sttllivazz Dt•ive, C'oluzztbia Hz'i8hts, t~Iinnesota. fhe Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is suftieiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: -., FREDRICK H. PATCH December 1 2008 INSPECTING R ESS/ONA1J BY DATE OF ISSUANCE OWNERS'REPRESENTATIVE A list of items to be corrected or completed is attached hereto. Failure to inctude any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will he the date of issuance of the fmal Certificate ar Payment or the final payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items rtached hereto within Fifj en (I S) days from the date of Substantial Completion. 3-`~ ~~ 1 CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially comp ete and assume lull possession at __ ___a.m./p.m. on December __, 2008. OWNER BY DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner s and Contractor's Insurance and legal counsel must determine and review Insurance requirements and coverage.) ,. -~ '.' i~ ~ ._ ~ ~i 1 ors?7 l r;t i~ Cep tificate of Substantial Completion PROJECT: PROJECT NUMBER: O1, Building #13 (Name and Address) CONTRACT FOR: E~tcrior I~euovatiott ~~f~~va>t~ h®~°~~ '~`®nhtrilltsti CONTRACT DATE: iVlarclt 29, 2008 ~t~~~Ot° I~~~IO~at~01« ~t+0~cct TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Sttllivatt shores Tovvttlaouses Aaaociatiott, Itte~ 1~/Ietro Retttodeliug anti I3enoa~atiort, LLC C'olutttbia Hcigltt~, l~li.tttesota 155®- 91St A~~ettue PSI;, ~uitc ~l0 l3laitte, i'Viiune5ota 5449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: CONTRACTOR: ^ FIELG~: ~ OTHER: (~ PROJECT 012 POliT10N OF T11E PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: lZoo~rtg, sidirag atttl other n~tiace6laneoux exterior ratio®~ation to tltr pe•etnise~ locates! at: ~ttfllit~an Shot'ers I3atilclin8 #I3 688, 692, and 696 3iillivati l~ris~e, C;olitrrtbia I-leights, i'/Iantiesota. The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: INSPECTING PR F SSIONAL/ OWNERS' REPRESENTATIVE Date of Commencement: FREDRICK H. PATCH December 1 2008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list wail be the date of issuance of the final Certificate or Payment or the fmai payment date, Cost estimate of Work that is incomplete or defective: The Contractor wilt complete or correct flte Work on the list of i~e"~tts attached hereto within. Fifte~i~(15} days from thedate of Substantial Gompletion. CONTRACTOR ~ BY DATE The Owner accepts the Work or designated portion as substantially complete and assume full possession at a.m./p.m. on December-, 2008. ~ 'H OWNER BY DATE The responsibilities of the Owner and Contractor far maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review Ins7trm:ce requirements and coverage.) ert~~ cats of Substantial ampletion PROJECT: PROJECT NUMBER: 03, lltti[ditt~ #14 (Name and Address) CONTRACT FOR: E~tet•icse• l~eettpvatiott lu~]l~val~ ~h0~°c~ '~'t~~rll~Jr~e>rn~ CONTRACT DATE: 1'vlar-ch 24, 2008 E~tcrat~~° tul~~~~t~®aa P~°e~~~t TO OWNER: TO CONTRAGTOR: (Name and Address) (Name and Address) ~ttilivata SlatZt•es'I'o®vnh®ttscs f~ssociatican, Inca I~'tetrct Hem€tdelitt~ and I~ettovati®n, I,i_,C C~Eatnbia Hci~hts, I'~i~tBCSata 1~~0 - 43s` Ave~ate I~i~, ~aitc ~~0 i3Eairas, l@!tittttesota 5444 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ~ FIELD: ^ OTHER: ^ PROJEC'C OI2 PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: I~®tt~ng, siding and other trtisceilaneotts exterior' t+en®vation t® the pretnises 1®cated at: 9ullivatt Sh®t'es I3uilctin~ #14 72I, 72~, 724, 733, 737 and 741. Suitivan i~r•ive, ~;®-tatrtbia I~eigirts,l~linnesota. The Wurk performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is suf£ciently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Prgject or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: INSPECTING P O ESSIONAU OWNERS' REPRESENTATIVE Date of Commencement: FREDRICK H. PATCH December 1 2008 BY DATE OF ISSUANCE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the final Certificate or Payment or the final payment date. Cost estimate of Work that is incomplete or de#ective: The Contractor will complete or correct the Work on the list of items a lashed hereto within Fift n 15) days from the date of Suhstantial Completion. CONT ACTOR BY ~' DATE The Owner accepts the Work or designated portion as substantially comple~ anal assume full possession at, a.m./p.m. on December--, 2008. ~~ - `/~~i-~ ~` .fir ~ ,~ ~ ~ S~ ~ ~"' ~ ~ ~~ ~~ OWNER gy DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shalt be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance requirements and coverage.) Certificate of Substantial ~ampletion PROJECT: PROJECT NUMBER: OI, llttiitlittg #15 (Name and Address) CONTRACT FOR: F~terior Renovation ~u~~~Y~>~t ~hor~~ T®~~Ilho~ CONTRACT DATE: larch 29, 2008 ~~t~r~ol° ~f3lb~Ta~9~I3 P~°ta~~~t TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Sullivan Shot°es To~vttitottses Association, lase;, ,~It?tro l~ernodeiit,g and l~ertovatioits I.,LC' C'oltttrtbia lleigiats, i~lirtttesota I5S0 - CIS` Aventte ~d1J, Sctite I10 Maine, iiZinnesota 549 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELQ: ^ OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: 9~oo~rtg, siding attd other tniscellatteous exterior renovation to the premises located ~t: Sttlii~~an Shores 13ui1€ling #IS '~SQ, ~~4 and 75$ Sttllivan I~r°ive, Colttanbia Heights, IYlinnesota, The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionallOwners' Representative's knowledge, information and belief, to be substantially complete. Substan6af Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as staled below: Warrantee: Date of Commencement: FREDRICK H. PATCH December 1 2008 INSPECTING RO ESSIONAIJ BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to be corrected. or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached List will be the date of issuance of the fmal Certificate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items tached hereto within Pi (IS) days from the date of Substantial Completion. _~~_ a r~ ~ ~ . '_ `~ .U CONTRACTOR gy ~ { DATE The Owner accepts the Work or designated portion as substantially complete and assume full possession at a. m./p.m. on llecember____, 2008. •WNER gy DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance requirements and coverage.) __ .. , ' rr _ -. ~J,! U~a~ n=.S Certificate of Substantial Completion PROJECT: (Name and Address) ~~~~ivan el<°~~ '~`ta~vnh®rn~ ~~tcrios° en~vat~®rl ~~°~r~~~t PROJECT NUMBER: OI, I3ttildin~ #I6 CONTRACT FOR: Extcriot• Renovation CONTRACT DATE: ~larclt 29, 2(108 TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Sullivan Shores To~'nhouses Association, Inc. 1~[etro i2etttodelin8 and renovation, LLC Coltittabia Hei~hts,l3~i~t~tesota I5~0 - ~ISt Avenue NE, Suitt? Iltl H9aine, l~linncsota s443 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ~ FIE! rJ: ^ OTHER: ~ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: I2oo~ng, siding and othet• ntiscellaueotis exterior renovation to the prt:rttises located at: Sullivan Shores I~uildin~ #I6 730, 734, 738 ant! 742 Sullivan ferive, Colutnbia Uei~lats, li!linnesota. The Work performed under this Contract has been reviewed and found to the Inspecting ProfessionaUOwners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Projector that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: INSPECTING R FESS/ONAL/ OWNERS' REPRESENTATIVE Date of Commencement: FREDRICK H. PATCH December 1 2008 B~' DATE OF ISSUANCE A list of items to be coaectcd or completed is attached hereto. Failure to include any items on such List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items on the attached list will be the date of issuance of the final Certificate or Payment or the fine! payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on thi days from the date of Substantial Completion. ~~_ e~~ CONTRACTOR The Owner accepts the Work or designated portion as substantially complete and assume full possession at /, OWNER ~•~~a~i DATE a.m./p.m. on December 2008. '" ~ Gl q DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilikies, insurance and damage to the Work shall be as foilows: (Owner's and Contractor's insurance and Zegal counsel must determine and review insurance requirements and coverage.) ~~ (r~ ~erti~catc ~f Substantial Completion PROJECT: PROJECT NUMBER; OI, I3ttiiding #i7 (Name and Address) CONTRACT FOR; Exterior IZetgoEratiott ~~~~~~~'a~ ~~o~°~~ ~O~~n~om~ CONTRACT DATE: March 29, 2008 TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Sullivan Shore To~t~nhotases Association, €nc. ~detro ILetrtodeiing attd I~eno~~atiota, LLC Coluttshia a~eigltts, t ~ittnesc3ta Ig50 - qls` Avctytte l~tt;, Sttite 3IO . Blaine, l~linibesota 549 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ~ CONTRACTOR: ^ F!ELL~: ~ OTHER: ^ PROJECT OR PORTION OT THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: I~oo~ttg, siding and other tnisee9laneous exterior t-erigvation to the prerraises located ate Sullivatt Shores I~uilalittg #17 '9I2, MI6 and 720 Sullivan Drive, Coltesnhia Heights,'10%linnesota. The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, inforn~auon and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the work or a designated portion of the Work is sufficiently complete in accordance with the Contract Documents so Yhiit the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: r FREDRICK H. PATCH December 1 2008 INSPECTIN P OFESSIONAt:/ BY DATE OF ISSUANCE OWNERS' REPRESENTATIVE A list of items to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in wrifing, the date of commencement of warrantees for items on the attached list wilt be the date of issuance of the final Certificate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of items attached hereto within Fift (IS) days from the date of Substantial Completion. ~j CONTRACTOR BY Z DATE d The Owner accepts the Work or designated portion as substantially complete and assume full possession at ____ a. m./p.m. on December , 2008. /' OWNER ~ r" ` "' , . •., ~dr~~~~~~ ~ ~~~ ~ ~~ BY DATE The responsibilities of the Owner and Contractor for maintenance, security, temperature control, utilities, insurance and damage to the Work shall be as follows: (Clwner's and Contrac•tor's insurance and legal counsel must determine and review insurance requirernen[s and coverage.) )ii Ccrti~catc of Substantial completion PROJECT: PROJECT NUMBER: OI, Building +~IB (Name and Address) CONTRACT FOR: F~lerior ~ertnvalitttt ~~l~ll~va~ ~~o~~~ '~'e~~n~atac CONTRACT DATE: I~larcl~ 29, 2008 ~~ter>EOl° ~II1DVt~~~D ~°~~e~t TO OWNER: TO CONTRACTOR: (Name and Address) (Name and Address) Sullivan Sla®res 1'av,~nlt®ttses Ass®siali~tt, Ina", I~elrta Iketnedeling anti Ren®valion, LLC Ccltsmbia IFeiglals, innestlla tS~O - 9isr Avcttuc i~E, Stole 110 Blaine, l"Vlinnescrla 5449 CONSTRUCTION MANAGER: ^ OWNER: ^ ARCHITECT: ^ CONTRACTOR: ^ FIELD: C; OTHER: ^ PROJECT OR PORTION OF THE PROJECT DESIGNATE FOR PARTIAL OCCUPANCY SHALL INCLUDE: R®a#5ng, siding and tBllBer tnisa:ellane®tts e~leri~r t°en®valiot' lm tlae premises 1®caled al: Sullivan Slttares Builaliug #i8 ~910,'~04 and 708 Strllivan Drive, C®lutrilsaa Heigltls, T~litlata;snla, The Work performed under this Contract has been reviewed and found to the Inspecting Professional/Owners' Representative's knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress ofthe Work when the work or a designated portion ofthe Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Work for its intended use. The date of Substantial Completion ofthe Project or that portion designated above is the date of issuance established by this Certificate. Said date shall also the date of commencement of applicable warrantees required by the Contract Documents, except as stated below: Warrantee: Date of Commencement: FREDR[CK H. PATCH December 1 2008 INSPECTING P OF SIONAL/ BY DATE OF dSSUANCE OWNERS' REPRESENTATIVE A list of itcrns to be corrected or completed is attached hereto. Failure to include any items on such list does not alter the responsibihTy oP the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warrantees for items an the attached list wilt be ffie data of issuance ofthe final Certificate or Payment or the final payment date. Cost estimate of Work that is incomplete or defective: The Contractor will complete or correct the Work on the list of 1 e-~v _ , CONTRACTOR BY 'the Owner accepts the Work or designated portion as substantially hereto within pifte~r}1(15} days from the date of Substantial Completion. and assume 1ir11 possession at //j. , OWNER gy DATE a.m./p.m. on December _, 2008. --~f---'-- - DATE The responsibilities ofthe Owner and Contractor for maintenance, security, temperature control, utilities,rrrsurance and damage to the Work shall be as follows: (Owner's and Contractor's insurance and legal counsel must determine and review insurance requirements and coverage.) -: _. ._ Er ~ __. a -, f ~ ~.;~ ~_ ~~-'~ Sullivan Shores Townhouse Association Certificate of Substantial Completion Attachment Items that remain to be corrected or completed by Metro Remodeling: 1. Warped Siding -complete inspections to verify reason for warping and identify and agree on recommended solutions by February 28, 2009. Determination of financial liability to implement recommended solutions for all areas previously identified as well as any new areas that appear within a one year period from date of siding installation. A follow-up inspection is to be done on or about August 31, 2009. Holdback amount $2,000. 2. Deck Stabilization -inspect all decks and reinforce them as needed by February 28, 2009. 3. Springy Walk Through - as soon as weather permits, conduct a walk through with Association representatives to identify any work and/or clean up areas that still need to be addressed. Holdback amount $5,000 4. Water Intrusion Inspection -conduct infrared testing for water intrusion in May 2009 at eight units to be identified by the Association. Holdback amount $1,500. 5. Warranty/Specifications Binder -complete binder based on feedback. from Gassen Management and Fred Patch. Provide two copies to the Association by February 16, 2009. 6. Homeowner Completion Forms -continue to work with individual homeowners to resolve issues identified on homeowner completion forms as well as any new issues that have surfaced not initially identified on the forms. Provide periodic status updates to the Association, with all work to be completed by February 28, 2009. Forms are to be sighed by ail parties by Mardi 31, 2009. Any issues brought forward that are not within the scope of the conhact are to be immediately forwarded to Gassen Management for follow up. Holdback amount $5 000. 7. Warranty Information Packets/Service Requests -- provide warranty packets to each homeowner by February 2, 2009 and continue to be their direct contact on warranty/service issues until a mutually agreed upon date. After that date homeowners will be advised to begin contacting Gassen Management directly with warranty/service requests. Gassen Management is to be advised immediately of any water intrusion problems reported. 8. Documentation -provide two copies of all city building permits anal inspection records signed by the building inspector to the Association by February 2, 2009. Provide duplicate CD's of all inspection photos taken during the project to the Association by April 1, 2009. 9. Metro Punch List -complete all. items noted on the attached list. Holdback amount $2,055. Revised Febn~ary 17, 2009 Sullivan ®~onal Pinch List sul'iv~n s~®~es; ~c®RESS rr~~n t®c®~n~L1=TE vaLUE 664 Sullivan Dr. Touch u livin room ceilin $125.00 668 Sullivan Dr. Fix 2 orch screens $70.00 668 Sullivan Dr. 2 rose bushes ma be damn ed $250.00 668 Sullivan Dr. Front door din ed u $100.00 668 Sullivan Dr. O.H. ara a door dented $300.00 688 Sullivan Dr. Touch u ed a of front door $50.00 692 Sullivan Dr. Fix storm door screen $50.00 692 Sullivan Dr. Clean to a resedue off deck window $25.00 692 Sullivan Dr. Re air chi ed deck board $100.00 646 Sullivan Dr. Re air chi on ed a of deck door $125.00 617 Sullivan Dr. Re air backer board trim b rear atio $75.00 742 Sullivan Dr. Paint to deck board east side $50.00 742 Sullivan Dr. Paint toe board on basement doar $50.00 VALUE $1,370.00 _ _._ ... 82 - 80TH STI2~G'H' N®FdTt-I~t4''v'T. MONTICELI_,O, Rff1NTYi~~®TA 55362 Teiephane 7ti3-286-0487 i;az 763-295-0990 ~-mail: jxtc«~sr,tci_-,,~su€ March 4, 2t?t)~ City of Columbia Heights Attention: Sheila Cartne+ Asst. Community Development Directar City of Columbia Height; Subject: ~'EI2TI~I~ATI (~!F' ~®i6RI'i:,IiTIt31lT FfJI$ ~UI.I.IVAN ai-ICiIB~~ TH7wNI3®Ii'tii;S I2~Nt~°V~4.TI®N Dear Sheila, Pursuant to the terms of fire May ~, 200 I?isbursement Agreement for the Sullivan Shores "I'ownhomes renovation project, v~re hereby certify that to the best of our knowledge: i. wont on the Housing Improvements has been completed in accordance with the Construction Plans and all other labor, services, materials and suppliers used in such work have been paid tbr; ii. based on the approved observation reports and final inspection records of the Building Official for the City of Columbia Heights, tha completed Mousing Improvements conform dvith all applicable building laws and regulations of the governmental authorities having jurisdiction over the flouring Improvements; and iii. lien. waivers submitted hereunder to Commercial Partners Title, i t C cover all tabor, services, materials, and supl3les used in connection ~~rith the Phase Housing Irnprovernents. ~.,,~ ~~ Sullivan Shores To~jaahome Assaeshtian~ Dtuc Nartladaes! Ins ee on Services, LLC ~- Len Olson, President me Fredrick FI. Pafciz, Principal Sullivan Shores Townhouse Association March 6, 2009 To Commercial Partners Title: Sullivan Shores Townhouse Association requests the final disbursement of $127,295 from the City of Columbia Heights to Metro Remodeling & Renovation be made. Please deposit $1 S,SSS.00 of this final disbursement in an escrow account pending release by the Association to Metro upon their completion/correction of items identified and agreed to by both parties. These items to be completed/corrected are detailed on two lists attached to the Certificates of Substantial Completion that have been executed and submitted in compliance with the terms of final disbursement, and are summarized below: 1. Warped siding inspection and report (holdback amount $2,000) 2. Spring walk through (holdback amount $5,000) 3. Water intrusion inspection (holdback amount $1,500) 4. Homeowner completion forms (holdback amount $5,000) S. Metro punch list (holdback amount $2,055} Sincerely, Leonard M. Olson President, Board of Directors Sullivan Shores Townhouse Association RECEIf~T AND WAPVER OF MECHANIC'S LfEN RIGHTS Dated: ~ lO ~ 0 1 The undersigned hereby acknowledges receipt of the sum of $ r~~. ~y tP~_ / . (~ CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished 2)~_ as payment for all labor, skill and material furnished or to be furnished (except the sum of $ 1:~~ . ~~• OU retainage or holdback) 3} as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name} Address as on reverse side of this purchase order or: Sul ~(~an ~j~IlOreS, 1000 75~ ~t.(l (~ man. J7~ d- ~~ c~ and for value received waivers a!I rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skilP or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXGEPT: By: f NOTE: If this instrument executed by ,s a corporation, it must be signed by an ~ ~ ~~L-~S officer, and if executed by a partnership, (Title) (_J/ it must be signed by a partner. Business address as on reverse side or (Address} ~~~~~ ~ ~ The Lien vraiver is not valid until the remittance clears the bank. RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: ~ ~ I ~ ~ The undersigned hereby acknowledges receipt of the sum of $ ~ ~ ~ ~ ~ ~ CHECK (JNLY ONE 1) as partial payment for labor, skill and material furnished 2)_ as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3} ~ a full and final payment or all labor, skid and material furnished or to be furnished to the following describ~roper`ty: (legal description, street address or project name) Address as on reverse side of this purchase order or: ~~t~~i~a~ ~~~~~ ~d ~~.,,G,(,i U~ ~ , and for value received waivers all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skiff or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked}. The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: NOTE: If this instrument executed by ~ ~~-~ ~ d a corporation, it must be signed by an ~~(.~~f~i'~~ officer, and if executed by a partnership, (title) it must be signed by a partner. Business address as on reverse side or ~~~~ Ca~l~ ~~ (Address) a The Lien waiver is not valid until the remittance clears the bank. ®r 09 09 03a zap .,,.... .._.._.. _p, 1 ^ 0 RECEIpY AND WAIVER Ot= MECHANRC'S LIEN R1GH'TS Dated: 3 ` (0 ~ V 1 7hs undersigned hereby acknowledges receipt of the sum of $ ~ • ~ U CHECp( ONLY ONE 1 } as partial paymerrt for labor, skill and material furnished 2) as payment for all labor, skill and materiel furnished or to be ivrnlshed ,i(excopt the sum of ~ rata(nsge or holdback) 3?__~..// fufl end final paymen or all labor, skill and mafe-ial tumishe~ sr t~ fk fumi3hCd LD tllo follawinp descn rest p ; (legal description, street address or project name) Address as on reverse side of this purchase order or. an4 for value received wai~ars ell rights acquired b}I the undCrsigned to fil® or record mechanic's liens against said reel property for tabor, skill or material furnished to 6aic} real property (only for the amount paki H Box 1 is checked, 8nd except for retainage shown if Box 2 is checked). The undersigned elfirrr~ that all mste-lal furnished by the undersigned has 6aen paid for, and ell subcontractors employee! by the undersigned have been paid in full, EXCEPZ I~C-TE; If this instrument executed by a corporation, It must be signed by an ,~,~~... officer, and if executed by a partnership, (Title) it must be signed by a partner. Business address as on rov@rs® side or (Address) a ~~ The Lien wQdVar is r+ot valid until the remittance clears the bank. Mar 09 09 D3:z3p FtEGEIF9T AND WAIVER OF MECHANIC'S UEN RlGHtS aat~. 3 ~~ _ 4°l The undersigned h®reby acknowledges receipt of the sum of $ ~ (,~ `1~~ ` CNECK ONLY ONL • p. Z 1) as p®rtial payment for 0abor~ skit! snd material furnished 2)„~._._ as payment for all tabor, skill and material tumished yr to tae fumtshed (except the Sum of $ retatnape ar holditarJc) _ ----_ . 3j full snd (ins[ paymon fpr at1 latx~; sWl! entl matr~ri~3l fumiShod or to be turnished to the 10110winfl c3escn a pro : (legal description, straeet address or project name) Address as on reverse side of this purchase order or. ~jlt ~ ~lY'"f~ tNeS, ~~ _ ~~ ~~((~ 1fd~ f Vi V'e ~-- _ , • ~!~ ~ ~ t t~a11. and for valuo nacsivsd waivors all rights acqutrod by the undersigned to file or record maohanic'N liens against 9pld rttd property for Jabar, skit[' Or mat®riat furnished t4 said roll property {only for the amount paid 'rf 8ox 1 is checked, snd except for -6tainage shown if 8ox 2 is checked). The undersigned affirms that all n~atvr>al tumished by the und®rsigned has J~eP.rt paid t'or, and a116ubconiractors employed ery the undersigned hev® boen paid in toll, t~(GEPT. • ~~ tdOTE: ti thts instrument executed by ,r~ a carparatien, it must bo signed by an /`"~2•Q;-~ ofliCer, and if executed by a partnership, (tlile) it must be signed by a partner. Buslnc~ss address as on reverse side or ~~,~~ {Address) The Lien W8-Ver Is not valid until the rem"rttence clears the bank, .09-03-0914;58 y ~tammyaune~ 952-657-2364» 7637865740 ~~'tv~O~T AN~ wA{~~A ®~ ~~CiH~~~Ci'e~ ~(~N RICsNTw~! Qat@d: ,~_~ o The underalgnod hereby ecknowledpee racetpt of the sum of ~ ~ ~ ~~ `• CHECK ONLY ONE 1)„~ as partial paymsrt4 f®r Idbcr, skill end material fumtshed 2) as payment for ati labor, skill and material (urniahsd or to be fumlahed (excopt the sum of ~ retainaQe or hOidbaok) 3}_~ lull and flrtttl ymant }or all labor, skill and material iumished or to iae furnished to tho following dear re property' (legs! descrlptlan. street address or pro~eCt Hams) Address ate on reverse sid® of tttls purchase order ar ~ju,ll~~n ~hrr~.~, ~~ ~'~'~ Co ~ ~m ~. and for value receivai waivers a!l rights 8cquirod by the undersigned to file ar record mechanic's (fens again®t Bald real property for labor, skill or rgatexial fumishod to said real property (only for tl7e amount paid Id Sox 1 le Checked, and except for retainage shown ff 8ox 2 is checked}. The underslpnod aillrrrta that al! material fumft;hed by the undersigned has been paid far, end all eubcontrOCtors employed by the undersigned have bean paid 1n full, E7(C!~Pl: - , I M~ ~ ~~_ MOTE: If this Instrument ezecutad Dy ~~ ~~ ~ ~ a corporation, it must be signed by an officer, and it axascuted by a partnership, (Title) R must be signed by a partner. Business addros~ es on reverse side or (Address) ~ ~ ~. }/~~ ,,~ ~9, S"~,~6 0 Ttsa nor. vsalver la Hat val!d untld the rtt~ittettcs cigmrrs the -~enk P 1/1 2ooD-63-0914:29 -9E7R8 iRAt41NG t 763786570 PagQ 4 FEB-24-2009 a ,~ 1i:24AM FROM-6EST SIDING 7634131367 T-026 P.001/OOi F-T61 12eeeiDi~ and Waiver ofMecha®ic's Lien ReQht~ .,~ Draw No. Faua! Date: Febrvat~ ~~8, 2009 The undersigned hereby aeknowied~;es being paid in Full based. upon a con a t to furnish andlor iustat! services fuzA.ished to the folly materials, la o or wing described property; Project Name: Sullivan shore4 Legal; General Contractor: Metro Trumeng & Remodeling File No. 30449 Contract Amount $ ~ o (~ (~ and for value received hezoby waives any right which it now has, or in the have, to claim a machanic`s lien, or any other licr- rights or claims against (a c r~y °~ property to which the above-described materials, labo=, or skills were suppli d (b) the improvements locatad th~reou; (c) the payor or owner, or (d) the surety of s e 'es of the payor or owner to secure a finished b the P ymant for any labor, skill, or materials furnished to !~e y ttridergigncd. T1ic undcrsig2aed affums that all materials and labor furnished on behalf of c undersigned have b~ paid in full E~CEPZ': P~1RTL1L PdYMENT for material, labor or service X FULL dN./.~ F1N~tL P~I.YMEN1'for materials, labor, ar services provi e The undersigned has executed this waiver voiuntazily and with full knowled fits rights under the Laws of the State of N.tinnesota. Please reittl~tt to: Commercial Partners 2`itle Alta: Caryn l~rceman 200 South Sixth Street Suite 1300 Minneapolis, MN 5402 p) 612.337.2470 ~ 612.33y.2471 t'Insert name of company being Campany ~ ~ ~ ~ ~ ~ r1,o~ By: ---~ Signature Title: Address: Phone l~To. 7i i C G7`f° ~a c5~~ H~-~k~, ~.; ~ d here} ~n G uec, i, lUUB 1.52?~J~ RECEIPT AND WAIVER OF MECHANIC'S LI~tV RIGHTS Dated: _ !~ " I ~ - --.._ Tha undersigned hereby acknowladges receipt or' the sum of ~ (~ ,l ? "} -s?'~~ V~-~- 1~ ~i ~ +. ~! 1 CHECK ONLY QN:E ~) ~ as partial payment far labor, skill and material furnished 2)~_ ~7s payment fora)! labor, skill and material {urnished or to ne furnished (except the sum of $_,_ _,_ retainage or holdback; 31 as full and final payment for a!i lobar, skill and mater!ai furnished or to be furnished to the followinc described real propetty~ (legal description, ;treat address or project name) Address as an rever~c sir1~ of -,his purchase order or: ~>cc (lr•~a,~-, ~~~.5 - ,~;I d~. ~ v - ~s~- ~q9 sal/~ ~ ~ _ ~~~ l ~ 100 -~57 ie~Llr~~,~ ~ c~~~ - (C7~Ej ~ vZ.... G~(vt~ ° lv 7,~ Se,e1~./(l~ ~ ;}~~,~, .e.__ 3(~ l ,~ ~~-~~~ 5~~~, ~df~ r.,~r~-~~~- - and for value received waivFrs e!I rights acquired by the undersigned to tilo or record mechanic`s liens a ai - ' Pfoperty for labor, sIdIP or material furnished fo said real roe ! P p rty (only for the amount paid !f Box i is checi;ed, aid excopt for retainage shown if Box 2 is checked), I'he undersigned aff!rms that all material furnished by t~e i ~~s`dars,+ read has been paid for, and a!I subcontractors employed by the undersigned have been paid in full, EXCEPT ~ i. ~± ~t~! / ` I~L i NOTE: If this instrument exc,cuied by 8y• -` ~~ ` ~"" a corporation, !t must be si ~'- -- _ _.~_.._____ of(cer, and if executed by a part ber hip, i+ ~~ y/~~ it must be signed by a partner. (r le) --- __'_°__, ! ! 1 ,~usiness address as on reverse side or --___. • (Address) _ ... __ } `~ I tV --_- --- Tho Lien waiver is no; valid until the remittance c(cars the hank. I w I r ~. 1 I i i i i I Fortn No. 237 -Receipt and Waiver oPl'Vlechanics' Lien Rights N.B - It is important that the fallowing directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations anal by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. Ifpayment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 12/1 S/08 (Date} The undersigned acknowledges having received payment of Three Hundred Four Thousand Dollars and 00/100 . ($304,000.00) Amount Paid From Metro Remodelin & Renovation Inc. in foil payment of all labor through 11130/08 (Name of Payor) by the undersigned pexformed at: Columbia Heights_MN - - (street address or legal description} and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. Best Siding Co.,1nc. B ~` `~ ~.~ y (title} 1310 15~~' Ave i~TE, Ham Lake, MN SEP-30-2008 12:47PM FROM-BEST SIbiNG 7634131x87 BEST SIDING COMPANY,INC i3I0 154i1t c~vr, N7E IiAM LA'1CE MN 55304-5SO5 763 113-0500 )<ax 763 -~l 13 -13 87 T-411 P. 007/009 F-567 RECEIl'"T AND LIEN WAIVER OF MECHANIC'S LIEN RIGI< Aate~ p U The undersigned hereby acknowledges receipt of the sum of ~iQ% OU4. G~ Check Only One 1. ( Jas partial payment for a1[ tabor, skill and materials ftuztished ~~ [ 1 as payment for aiI tabor, skill and materials Xurtushed except the sum of for retaina6e or holdback. 3. [~as fisl[ and Tina[ payment for aLl lobar, skill and materials furnished to the ~" `property, [legal descriptian, street address or project name] ~S?-6~9 Suu..z:~~~.r p~ U ~~ described real and for value received hereby waives all rights acquired by the undersigned to file or r -ord meCUaaics liens against said real properly for labor, skip or materials fismished to said real pro , [only for the amount paid i1'box 1 is checked and except for the retainage or holdback if boy 2 is e edJ_ The undersigned affirms that al! labor, skill or materials furnished to said premises h2s ben aid in full. BEST SIDING COlvIP1~tY, rNC sy nw~vciis or (President) 1310 15th Ave Ham Lakc MN 5 Note: Il' Uus instrument is executed by the corporation, it must be signed by an THIS LIEN WAIVER IS NOT PERFECTEll UN'1'IZ, REhIITTANCE I-IAS CLEARI~D TOUR BANK d. SEP-30-2008 12:47PM FROM-BEST SIDING 7634131387 BEST SIDING COMPANY, INC 131v 154th EiVc NE HAM LAKE MN 55304°5505 763-413-0500 Fa.~c 763-413-1387 Date The undersigned hereby acknowledges receipt of the sum of ~ ~ 7L+~. Check Only One 1. [ ) as partial payment for all labor, skill and materials furnished 2. ( ] as payment for all labor, skill and materials furnished except the sutra of For retainage or holdback, 3. (~as full and Final payment for ail Labor, skill a.nd materials fiernishcd to the property. [legal description, street :tddress or project name) ~~ `1 RECEI~'T AND LIEN WArV'ElL 4F MECHANIC'S I,1FN and for value received Hereby wairres ill rights acquired by the undersigned to file liens against said real property far labor, skill or materials ficrnished to said real pre amount paid if box t is checked and except for the retainage or holdback if box 2 is undersigned affirms that all labor, skill or materials furnished to said pretpjses has I BEST SIDCNG COtvil'[°.I~', TI~1C Ey--~ ~ .~vi~ _ Bob ells or 1310 15~tth Ave I~am Lake MN 5 tJoee: If this instrument is executed by the corporation, it must be signed by an T°411 P.006/009 F-567 DO described real .rd mechanics [anly for the :d). The ud in tali. TEiTS LIEN WAIVER IS NQT PERFECI'1vD I7N'ITL 12.EMITTANCE I~iA5 CLEAR.~I:7IOUR. BANK ~. r SEP-30-200@ 12:48PM FROM-BEST SIDING 7634131387 :n 1 BEST SIDING COMPANY, INC ~~ I3 i0 i54tIt AVE NE ~; I-IAM LAIC MN 55304-5505 7b3-413-0500 Far 763-413-1337 RECELP'T AND LIEN WAIVER OF MECHANIC"S LIEN T1~.o ~ ~2 r T-411 P.006/009 F-567 The undersigned hereby acknowledges receipi of the sum of ~ ~', ~QO. o~ Check Only One L [ ] as partial paymenc for all Labor, skill axed materials fi-.rnished `~- C 1 as payment for all tabor, skill and materials furnished except the sum of for retainage or holdback. 3. [~j~as full and final payment For all tabor, skill and materials fwmished to die foll+ yam- property. [tega[ description, street address or project name[ ~~0 - ~ 7~. -SU~~vA~t 17. Q ~A c-ty~n described real and for valve received hereby waives all rights acquired by the undersigned io file or r rd mect><vtiCS liens against said real property for labor, skill or materials furcuished to said real pco , [only for the amount paid if box 1 i$ checked and except for the retainage or holdback if box 2 is e ed], The undersigned alarms that all labor, skill or materials furnished to said premises has ben aid in foil. BEST SIDING B}; INC or 1310 li~ith Ave Ham Lake MN ' Note: Tf dos instrument is executed by tre corporation, it must be signed by an THIS LIEN WAIVER IS NOT PERFECTED CJNIIL REMI`I"I'ANCE HAS CLEAR>~D ~C?UR BA'VK ,~ SEP-30-2006 12:48PM FROM-BEST SIDING 7634131387 `~~ BEST S1bING COMPANY, INC 131u i54W AVE NE IiAM LAKE MN SS304-SSOS 763-y113-0500 Fae 763-413-1387 RECETI'T AND LIEN WAIVb'R OF MECHANIC'S LIEN Date ql~d 1 T-411 P.009/009 F-5E7 The undersigned hereby acknowledges receipt of the sum of ~ ~ g~dU(,~. UQ Cheek Only One I. [ Jas partial payment for all labor, skill and trtatcrials furnished 2. [ ] as payment fat all Iabor, skill and materials fuurnished except the sum of far retainage or haldback. 3, ~as Cull and Enal payment for all labor, skill and materials fitrnished to the fo property. jlegal desc/ripXtio4n. s/treget address or project name] l~ ~QI.U/riB.Ir P+- i~e 2~i described real and Lor value received hemby waives all rights acquired by the undersigned to file o r cord mechanics hens against stud real property for labor, skill or materials furnished to said real pro , [only for the amount paid if box 1 is checked and except for the retainage or holdback if box 2 is c t kedJ, The undersigned a.CEirms that all labor, skill or materials furnished to said premises has b n paid in Cull. BEST S11~tNG COMFA~Y, INC By Bob W~91s or 1310 14th Ave Ham Lake MN Note: If this instrument is executed by the cozporation, it mast be sigied by an THIS LIEN WAIVER IS LvOT PERFECTET~ UN'lTL REMIT'T'ANCE T-IAS CLEARI31~ OUR SANK ~...~ R~~Elf3 f Af`~C~ t,~Af1f~R OF IVIECHAfV1C'~ LfEt~ R1l~HT~ Dated: _ ~ ®~'~~ e~ The undersigned hereby acknowledges receipt of the sum of $ ~~ed ~~ _ ~ --- CHECK OiVLY OI~E 1) as partial payment for labor, skill and material furnished 2)_ as payment for all labor, skill and material furnished or to be furnished ` {except the sum of $ retainage or holdback) 3) V as lull and final payment for all labor, s!<ill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) Address as on reverse side of this purchase order or: ~~.(~re~ ter` ~ ~ ~ ~ ~~ ~ceff~~-~ ~~ and for value received waivers all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skin or materia! furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked;. The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: ~i ~'~. ~ By: ~ ~ Cam., I40TE: If this instrument executed by a corporation, it must be signed by an ~ e ~°~( officer, and if executed by a partnership, (Title) it must be signed by a partner. Business address as on reverse side or -- (Address) The Lien vdai~.~er is not valid until the remittance clears the bank. ;~~ Jti i ~,~ ai ,~ '~i it r SEP-09-2008 09:59AM FROM-BEST SIDING 7634131387 BEST SIDCNG COMPANY, 7NC I3 Z0 Z54th nVG N1~ ~A-'~+I LAKE MN 5S30M5505 763--t13-0500 Fax 76313-138? RECEIl'"f AND Ll~i WAIVED Olt ~C~~I7C'S LIEN Date ~~~ ~U~'' The undersigned hereby acknowledges receipt of the sum of Check Only One :1 ,~ 1. [ T ~ P~'u~1 payment for ail labor, skill and materials furnished ?~ [ ] as payment for all Labor, skill and materials fitrnished except the sttm of for retainagc or holdback. - 3' ~~ fiili and final payment for al! tabor, skill and materials furnished to the pmperiy. [legal description, street sddress or project narne~ Co ~umg~rc, H4~ N described real and far valve received hereby waives all rights acq-,ired by the undersigned to file or rd mechanics liens against said real property for labor, skin or materials furnished to said real prope , [only for the amount paid if box L is checked and except for the retainage or holdback if lsox 2 is ch c dj_ The undersigned affirms Chat alt labor, skill or materials furnished to said premises has bee ~ aid in full. BEST SIDING COIv~A}I<TY 1NC 1~~~ .~ B We!!s oe (President) 1310 1S4t[t Ave I~'am Lake MN Note: IF this iustrumCnt is executed by the corporation, it must be si ed gn by an o.p~ccr. THIS LIEN WAIVER IS NOT PERFECTED I,1N7'If, RLM22`TANCE HAS T-256 P.005/007 F-284 cX~ BANK SEP-09-2006 09:59AM FROM-BEST SIDING 7634131367 tiI ~~ BEST SIDING COMPANY, T.NC ~~ i314 154ttr AVE NE ~I1 1~A.M ~~ MN SS3O4-5505 1 ~~ 763-413-0500 Fax 763-413-1387 T-256 P. 006/007 F-264 ,~ RECEIPT' AND LIEN WAeIVr?.1? OF R9ECIIAI~TIC'S LIEN It.1GF ~~ Tate `~ q o~ it d ~ The undersigned hereby acknowledges receipt of the sum of ~ ~ `7t_ r~nn . U` Check Only One 1. [ l ~ partial payment for all Iabar, skill and materials furnished 2. [ ] as payment for all Labor, skill and materials furnished except the surn of for retainagc or holdback, 3. ,~~ fiilt and fins.( Payment for all tabor, skin and materials famished to the fotlc property, [legal description, street address or project name] Co ~ ~n,3sr~ rl G~~ described real and £or value received hereby waives art rights acquired by the undersigned to lzle or rd rneettanics liens against said real property for labor, skill or materials fiunis6ed to said real props . [only For the amount paid if box l is checked and except for the retainage or haidback if box 2 is c k j. The undersigned affirms that al[ labor, skill or materials furnished to said premises lass bee 'd in Cull. BEST S1blNG COMP , lNC Bo Weils or {President} 1310 IS~lth Ave loam Lake MN ' Note: If this instrument is executed by the corporation, it must be signed by an o~eer. TH[S LIEN WAIVER IS N®T PERFECTED IJN'I~, RE1~II'ITANCE HAS CLEARED O'UR BAIVTC ~. SEP-09-2008 09;59AM FROM-BEST SIDING iT ;l~ BEST SIDING COMt~ANY,INC G~ 1310 154th AVE NE '~ HAM LATCE MN 55304-SSOS ~ 763-~1i3-0500 '~ Fax 763-~d13-I387 Gi t~ 7634131367 T-256 P.007/007 F-28d I?E~'ETI''T P.ND LIEN ~'dAIVER .^.>~ MECt=u~1IC'S I,lEAI ItiGHTS I ° ~ The undersigned hereby acknowledges receipt of the sum of _ 6 U V Uo • U~ P Check Qtily One 1. [ ] as partial payment for alt tabor, .skill and materials furnished 2. [ ] ss payment for alt labor, slant and materials furnished except the surn of for rctainage or holdback. 3 ~as hall and Hnat payment for all labor, skin and materials furnished to the property. [legal description, street address or project name) rr.3 ~ /-~ G~ i-li described real and for value tnceived ltercby waives aIt rights acquired try the undersigned to fate or r rd mechanics liens against said real pmperry foe tabor, stdtt or materials famished to said rest prope , jonly for the amount paid if box t is checked and except for the retainage or holdback if box 2 is ch ,k • ]_ 'the undersigned affirms that all labor, skits or materials famished to said premises has bec~ p 'd in Cull_ BEST SIDING C®[v£P , iNC By- d'G` ,4-~ $o Wells or (President) 1310 154th Ave I Liam Lake MN 5' Notes If this instrument is executed by the corporation, it must be signed by an officer. THIS L°lEN `WAIVER iS NOT PEI2FEC'IED tJNI7I. REMITTANCE HAS CI.EAREI~ CUR BANK .~ RECEIPT ANt~ WAIVER OF MECHAtV1C'S LIEN RIGHTS Dated: ~ ~' ~~' o(J The undersigned hereby acknowledges receipt of the sum of $ ~~0~ ®Q!~° y~ CHECK ONLY ONE 1)-_ as partial payment for labor, skill and material furnished ?)___ as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback) 3)_?' as full and final payment for a!1 labor, skiff and materiai furnished or to be furnished to the followi described real property: (legal description, street address or project name) Address as on reverse Bide of this purchase order or: ~j~1~i~an jh~e5- ~' 5 ~/3,~0,, ~,zi, 6~5" Suth''i~cc,, ~~;~, C'v I umb,Q ~~~~, ,cc~ and for value received waivers all rights acquired by the undersigned to fife or record mechanic's liens against said real property for labor, ski(I or material furnished to said real property (only for the amount paid if Bax 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: By: NOTE: !f this instrument executed by ~ - a corporation, it must be signed by an ~r~. i .~ officer, and if executed by a partnership, (i'rtle) ~-v- it must be signed by a partner. Qusiness address as on reverse side or _ _ (Address) ~~, ,~ '~ _.__ The Lien waiver is not valid until the remittance clears the bank. Reeeipt and Waiver of Mechanic's Lien Rights Draw No. Final Date: February 18, 2009 The undersigned hereby acknowledges being Paid in FuII based upon a contract to furnish and/or install materials, labor or services furnished to the following described property: Project Name: Sullivan Shores Legal: General Contractor: Metro Framing & Remodeling File No. 30449 Contract Amount $ a ~~, ~')~) "~ and for value received hereby waives any right which it now has, or in the future may have, to claim a mechanic`s lien, or any other Lien rights or claims against (a) the real property to which the above-described materials, labor, or skills were supplied; (b) the improvements located thereon; {c) the payor or owner; or (d) the surety or sureties of the payor or owner to secure payment for any labor, skill, or materials furnished or to be furnished by the undersigned. The undersigned affirms that all materials and labor furnished on behalf of the undersigned have been paid in full EXCEPT: PARTIAL PAYMENT for material, labor or service X FULL AND FINAL PAYMENT for materials, labor, or services provided The undersigned has executed this waiver voluntarily and with full knowledge of its rights under the laws of the State of Minnesota. Please return to: Commercial Partners Title Attn: Caryn Freeman 200 South Sixth Street Suite 1300 Minneapolis, MN 55402 p) 612.337.2470 f) 612.337,2471 {Insert name of company being paid here} Company ~ ~ ~ ~~ CO ~i'~" ./ ~ ~ C Signature Title: ~~~ Address: LP Q E ~ (~ ,~ p-- ~ . Phone l~to. '~,i'r~ ~?ql/ ` ~foy' 1~prm. No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.$ - It is important that the following directions be closely followed as otherwise the receipt WILL NOT I3F ACCEPTED. I .This is a LEGAL INSTRUMEN"I" and must he executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PALD BE SHOWN. 3. Ifpayment is not in lull to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required f`or all plumbing, heating and plastering materials, etc. >. NO ERASURES OR ALTERATIONS MUST BE MADE. 10/17/08 _ (Date) The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 . ($11,200.00) Amount Paid From _Metro Remodeling & Renovation in full payment of all. labor through 10/11/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Association # 208- Draw 22 Columbia Heights MN (Contract Framin (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to ale mechanics' lien against said premises ~Por labor, skill. or material furnished to said premises prior or the date hereof: PBP Construction, Inc. ,t' ff~ '~` (title} 4013 Baker Road Minnetonka, ?VIN 55305 Farm No. 237 -Receipt and Waiver of Mechanics` Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT I3E ACCEPTED. 1. This is a LEGAL INSTRtTMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SFIOWN. 3. If payment is not in full to date, so state, SIIOW UNPAID BALANCF,, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST B13 MADE. 10/24/08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 . ($11,200.00) Amount Paid from Metro Remodeling & Renovation LLC in full payment of all. labor through 10/18108 (Name of Payor) by the undersigned- performed at: Sullivan Shores Association #208 -Draw #23, Columbia Heights MN (street address or legal description) and. far value received hereby waives all rights which may have been acquired by the undersigned to fle mechanics° lien against said premises for labor, skill or material furnished to said premises prior or the date hereof PBP Construction, In By: (title) 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT 13E ACCLPT>CD. 1. This is a LEGAL INS'T'RUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. ?. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 1. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. ~. NO ERASURES OR ALTERATIONS MUST BE MADE. 10/31 /08 (Dale} The undersigned acknowledges having received payment of Eleven. Thousand T'wo Hiuldred Dollars and 00/100 011,200.00) Amount Paid From. Metro Remodeling & Renovation LLC in full payment of all labor through 10/25/0$ (Name of Payor) by the undersigned performed at: Sullivan Shores Association#208-Buildin 17 Draw 24 Columbia Hei hts MN. Contract Framin (street address or legal description) and far value received Ilcreby waives all rights which may have been acquired by the undersigned to file mechanics` lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. I'BP Construction, Inc. BY: _ _ d ~., (title} 4013 Baker Road Minnetonka, MN SS30S Fore No. 237 - Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTFI). . Thisrs a LEGAI, INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. . [t is important that ALL blanks be completed. and the AMOUNT PAID BE SHOWN. . If payment is not in Cull to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO ERASURES OR ALTERATIONS MUST BE MADE. 1.1/07/08 (Date} The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 ($11,200.00) Amount Paid From Metro Remodeling & Renovation LLC in full payment of all labor through IO/31/08 (Name of Payor) by the undersigned performed ai: Sullivan Shares Association#208-Building 18 Draw 25 Columbia IIei~7hts MN (Contract Framm (street address or legal description) and far value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof: PBP Construction, Inc. By:_ v - ~=~-~ _ (title 4013 Baker Road Minnetonka, M1V 55305 Farm No. 237 -Receipt and Waiver of Mechanics' Lien Riglits N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. L This is a LF,GAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full. to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURL;S OR ALTERATIONS MUST BE MADE. 10/03/08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 ($11,200.00) Amount Paid I"rona Metro Remodeling & Renovation in full payment of all labor through 9/27/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Assocation # 208- Draw 20-Columbia Heights MN (Contract Framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. By: (title} 4013 Baker Road Minnetonka, MN 55305 I{orm No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. ] .This is a LEGAL INSTRUMENT' and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT' PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. S. NO ERASURES OR ALTERATIONS MUST BE MADE. to/lo/a8 (Date) The undersigned aclcnowledgcs having received payment of Eleven Thousand Two Hundred Dollars and 00/100 ($11,200.00) Amount Paid from Metro Remodeling- & Renovation in full payment of all labor through 10/04/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Assocation # 208- Draw 21 Columbia Hei 7hts, MN.(Contract Framing (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for tabor, skill or material furnished. to said premises prior or the date hereof: PBP Construction, Inc. By: (title} 4013 Baker Road Minnetonka, MN SS30S Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT E3]C ACCEPTED. 1. This is a. LEGAL 1NSTRUMEN'I' and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. if payment is not in full to date, so state, SHOW UNPAID BALANCES and strike out-last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 10/03/08 (Date) The undersigned acknowledges having received payment of Seven Hundred Fifty Dollars and 00/100 . ($750.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 9/27/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Assocation # 208- Building 6 10,12&13 Columbia heights, MN.(Contract Framin (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics` lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. $Y= (title} 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of 1Vlechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt 'MILL NOT BF. ACCEPTEi). 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. S. NO EKASURES OR ALTERATIONS MUST BE MADE. 8/ 15/08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two hundred Dollars and 00/100 . ($ 11,200.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 8/09/08 (Name of Payor) by the undersigned performed at: Sullivan Shores # 208-Building l 0 687 691 695 699 Sullivan Way Columbia Heights MN.(Contract Framing) (street address or Legal description) and for value received hereby waives a1i rights which may have been acquired by the undersigned to file mechanics lien against said. premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, inc. ~~ By: (title) 4013 Baker Road Minnetonka, MN 55305 Form. No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt W1LL NOT BE ACCF.PTEll. 1. 'This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 8/15/08 (Date) The undersigned acknowledges having received payment of Seventy Five Dollars and 00/100 . ($ 75.00) Amount Paid. From Metro Remodeling & Renovation in full payment of all labor through 8/09/08 (Name of Payor) by the undersigned performed at: Sullivan_Shores__#__ 2.08-Building 6 629,633,637,641 Sullivan Wav, Columbia Hciahts MN.(Contract Framing (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. By_ J ,~ ~,.,.. (title} 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of IViechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. L This is a LF,GAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, sa state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERA I'tONS MI1ST BE MADE. 8/15/08 (Date) The undersigned acknowledges having received payment of Seventy Five Dollars and 00/100 . ($ 75.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 8/09/08 (Name of Payor) by the undersigned performed at: Sullivan Shores # 208-Building 7 645,649,651655 Sullivan Way Columbia Heights MN.(Contract Framing) (street address or legal description) and for value received hereby waives all rights `which may have been acquired by the undersigned to file mechanics' lien against said. premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. By: (title} 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that A.L,L blanks be completed and the AMOUN"l' PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW tJNI'AID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 8115/08 (Date) I'he undersigned acknowledges having received payment of One Hundred Fifty Dollars and 001100 . ($ 150.00) Amount Paid From Metro Remodeling & Renovation_ in full payment of a l labor through 8/09/08 (Name of Payor) by the undersigned performed at: Sullivan Shores # 208,Building 5 613,61~,621,625Sullivan Way, Columbia H~hts MN.(Contract Framing (street address or legal. description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics° lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. ,~ PBP Construction, Inc. By: (title) 4013 Baker Road. Minnetonka, MN 55305 Farm No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is nnportant that the following directions be closely followed as otherwise the receipt WILL NCDT 13E ACCEPTED. 1. This is a LEGAL INSTRUMENT and must he executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE S}-IOWN. If payment is not in full to date, so state, SHOW UNPAiD 13A,ANCF,, and strike out last three lines. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO ERASURES OR ALTERATIONS MUST BE MADE. _ 8/29/08 (Date} "T`he undersigned acknowledges having received payment of One Hundred Fifty Dollars and 00/100 . ($150.00) Amount Paid From Metro Remodeling & Renovation in full. payment of all labor through 8/23/08 (Name of Payor) by the undersigned performed at: Sullivan. `?:'shores # %On-Building #2-616 Sullivan bane, _ Columbia 1-lei hg_ts, _MN.(Contract Framin (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' Lien against said premises for labor, skill or material funushed to said premises prior or the date hereol: PBP Construction, Inc,.F~""' l> ;° t :? _~ (title) 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of 1Vlechanics' Laen Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that AI L blanks be completed and the AMOUNT PAID BE SL-IOWN. 3. If payment is not in full to date, so state, SLOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating anal. plastering materials, etc: 5. NO ERASURES OR ALTERATIONS MUS"f BE MADE. 8/29/08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 . ($11.,200.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 8/23/08 (Name of Payor) by the undersigned performed at; Sullivan Shares_ ,'+ 2i~z;;-r~uildin~ #r 12. 660,664,668 672. Sullivan Lane Columbia heights, MN.(_Contract Framing (street address or legal description) and far value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. ;J ;,~. ' .M...,w..w By. ~ -- (title) 4013 Baker Road. Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the fullowing directions be closely followed as otherwise the receipt WILL NOT I3E ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUN`[' PAID BE SIIOWN. 3. Ifpayment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 7/18/08 _ (Date) The undersigned acknowledges having received payment of 1/leven Thousand Two Hundred Dollars and 00/100 ($ 11,200.00) Amount Paid From _Mctro Remodeling & Renovation in full payment of all labor through 7/12/08 (Name of Payor) by the undersigned performed at: Sullivan Shares Proiect#208-BuildinP #8 -659 663 667 Sullivan Drive Columbia heights MN.fContract Framing} (street address or legal description} and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. By: .~" -- - C~!~,,r~,r (title} 4013 Baker Road Minnetonka, MN 55305 Forn~ No. 237 -Receipt and Waiver of Mechanics` Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT 13E ACCEPTED. L This is a LEGAL INSTRUMENT and muss be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUN`1' PAID BE SHOWN. 3. If payment is not in full to dale, so state, SHOW UNPAID I3AI.ANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 7/24/08 ____, (Date) The undersigned acknowledges having received payment of Eleven Thousand I'wo Hundred Dollars and. 00/100 . ($ 11,200.00) Amount Paid From Metro Remodeling & Renovation in partial payment of all labor through 7/18108 (Name of Payor) by the undersigned performed at: Sullivan Shores Townhome Project 600-758 Sullivan Drive and Sullivan Way Columbia Hieghts, MN (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. Pl3P Construction, Inc. By. -__ -_ (title) 4013 Baker Road Minnetonka, MN 55305 Form No. 237 - Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL N®T 13E ACCEPTED. 1. 'T'his is a LL;GAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that AT L blanks be completed and the AMOTJNI' PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERA"PIONS MUST BE MADE. 7/31 /08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two Hundred Dollars and 00/100 ($ 11,200.00) Amount Paid From Metro Remodeling & Renovation in partial payment of all labor through 7/25/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Townhome Protect 600-758 Sullivan Drive and Sullivan Way Cohzmbia Hieghts. MN (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to 131e mechanics' lien against said premises For labor, skill or material. furnished to said premises prior or the date hereof: PBP Construction, Inc. J{ ~ By:_. (title) 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT I3E ACCEPTED. 1. This is a LEGAL INS`T'RUMENT and must be executed accordingly by of#icers of corporations and by partners in CO-partnerships. 2. Tt is important that ALL blanks be completed and the AMOUNT PAID BE SI30WN. 3. If payment is not in fiill to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or ]egal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. ___ 8/14/08 (Date) The undersigned acknowledges having received payment of Eleven. 't'housand Two I Iundred Dollars and 00/l 00 . ($ 11,200.00) Amount Paid Frain Metro Remodeling & Renovation in partial payment of all labor through 8/9/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Townhome Protect 600-758 Sullivan Drive and Sullivan Way Columbia Hiel.Thts, MN (street address or legal description) and for value received hereby waives all rights which may have been. acquired by the undersigned to file mechanics' 1_ien against said premises for labor, skill or material. furnished to said premises prior or the date hereof. PBP Construction, 13y: ~-~.-- (title) 4013 Baker Road Minnetonka, MN S530S Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NC3T I3E ACCEPTED. l .This is a LI_;GAL INSTRUMENT anal must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, sn state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERA'I7ONS MUST BE MADE. 9/05!08 (Date) The undersigned acknowledges having received payment of I,leven Thousand Two Hundred Dollars and 00/100 . ($11,200.00) Amount Paid From Metro Remodeling & Kenovation in Full payment of a]] labor through 8/30/08 (Name of Payor) by the undersigned performed at: Sullivan Shores # 208.-I3uildin~ #.13-Columbia Heights, 1VIN.fContract Framin (street address or legal description) and For value received. hereby waives al] rights which may have been acquired. by the undersigned to file mechanics' lien against said premises for labor, skill or material Furnished to said premises prior or the date hereof PI3P Construction, Inc. ___ (title) 4013 Balser Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BL+' ACCI:I'TEI). 1. This is a LEGAL, INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID I3AI,ANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 9/12/08 (Date) The undersigned acl~iowledges having received payment of Eleven "Thousand T wo Hundred Dollars and 00/100 ($11,200.00) Amount Paid From Metro Reznodclin~ & Renovation in full payment of all labor through 9106/08 (Name of Payor) by the undersigned performed at: Sullivan Shares # 208-Buildin #.14-Columbia Hei. Tlrts MN. Contract Framin (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. By'- --. (title} 40l 3 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL., blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of licn rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. /18!08 (Date) ~hhe undersigned acknowledges having received payment of Eleven Thousand 1'wo Hundred llollars and 00/100 . (~ 1.1,200.00) Amount Paid From Metro Remodelintr & Renovation in partial payment of all. labor through 9/13/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Townhome Project 600-758 Sullivan Drive and Sullivan Wad Columbia Heights, MN (street address or legal description) and far value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. ~ , •!'~~/ f~r'~r,f,,, ~ 1,i'~f f,,y'; ~ ~~: -- ~~. (title 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Laen Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NC}T BE ACCEPTF,D. . This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. . It is important that ALL blanks be completed and the AMOiJNT PAID BE SHOWN. . If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO ERASURES OR ALTERATIONS MUST BE MADE. 8/22/08 (Date) The undersigned acknowledges having received payment of Eleven Thousand Two hundred Dollars and 00/100 . ($l 1,200.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 8/l6/08 (Name of Payor) by the undersigned performed at. Sullivan Shores # 208-SuildinR # 11, Columbia Heights, MN.(Contract Framin (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file rn.eehanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. PBP Construction, Inc. / / °' By: ~, (title) 4013 Baker Road Minnetonka, MN 55305 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PA]D BE sllowN. . If payment is not in full to date, so state, SIIOW UNPAID BALANCE, and strike out last three lines. . A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO ERASURES OR ALTERATIONS MUST BE MADE. 7/05/08 (Date) The undersigned acknow]edges having received payment of Ninety Thousand 't'hirty Five Dollars and. 00/100 ($ 90,035.00) Amount Paid From Metro Remodeling & Renovation in full payment of all labor through 7/05/08 (Name of Payor) by the undersigned performed at: Sullivan Shores Proiect#208-Building 1 2,3,4,5,6, 600-640 Sullivan Drive, Columbia Heights MN.(Contract Framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. ,~ PBP Construction., lnc. By: (title} 4013 Baker Road Minnetonka, MN 55305 RECEIPT AN[] VVAfVER C)F MECHANIC'S LIEN RIGHTS Dated: ~` ~(I P The undersigned hereby acknowledges receipt of the sum of $ ~V-7~!~!~~ ° ~T CHECK ONLY ONE 1) ~ as partial payment for labor, sl<i.ll and material furnished 2}_ as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainage or holdback} 3) as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) Address as on reverse side of this purchase order or: ~~-'"' 5~/fir°~ h la e ~JP~f': and for value received waivers all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, skill or material furnished to said real property (on(y for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked}. The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: P '° NOTE: If this instrument executed by a corporation, it must be signed by an officer, and if executed by a partnership, it must be signed by a partner. ~uuet Business address as on reverse side or (Address} c.l~.I ~ %~~' The Lien waiver is nat valid until the remittar7ce clears the bank. Recei t and Waiver ofMechanie's ~.,ien Ri hts Draw No. 5 Date: IZ/I2/OS The undersigned hereby acknowledges receipt of the sum of $396,533.06 based upon a contract to furnish and/or install described roe materials, labor or services furnished to the following p P rty: j Project Name: Sullivan Shores Toivnhoataaes ' Legal: Lots 1-65, Sullivan Shores General Contractor: Metro Remodeling ,& Renovation, LLC File No. 30449 Contract Amount $ and for value received hereby waives any right which it now has, or in the future may have, to claim a mechanic's Iien, or any other lien rights or claims against (a) the real property to which the above-described materials, labor or skills were supplied; (b) the ,improvements located thereon; (c} the payer or owner; or (d} the surety or sureties of the payer or owner to secure a undersi p yment for any labor, skill, or materials furnished or to be furnished by the gned. The undersigned affirms that all materials and labo~° furnished on behalf of the undersigned have been paid in full EXCEPT: XX PARTIAL PAYMENT for material, labor or service FULL AND FINAL PAYMENT for materials, labor, or services provided The undersigned has executed this waiver voluntaril;~ and Frith full knowledge of its rights under the laws of the State of Minnesota. Please returo to: Commercial Partners Title Atin; Caryn. 200 South Sixth St., Ste. 1300 Minneapolis, MN 55402 P) 612.337.2470 F} 612.337.2471 Metro Remodeiin~ & Renovation, LLC Company By: Signature Title: G * _e--- Address: ~~ `"--- 'ui~;-'i • ~~ ::3`s°3°~r'3~a'e^~ ~Y :"i~s°~~"~r~E'Sng ~~ Phone NO. a~ ,.~ o~'P A . ;rya `~`i,~ s ~ _.~~e-~,Y~ Receipt and Waiver of Mechanic's Lien Rich#s Draw No. 4 Date: 10/1S/08 The undersigned hereby acknowledges receipt of the sum of 5463,349.39 based upon a contract to furnish and/or install materials, labor or services furnished to the following described property: Project Name: Sullivan Shores ~o~vnhomes Legal: Lots 1-65, Sullivan Shores General Contractor: Metro Remodeling & Renovation, LLC File No. 30449 Contract Amount $ and for value received hereby waives airy right which it now has, or in the future may have, to claim a mechanic's lien, or any other lien rights or claims against {a) the real property to which the above-described materials, labor, or skills were supplied; (b} the improvements located thereon; {e} the payor or owner; or (d} the surety or sureties of the payor or owner to secure payment for any labor, skill, or materials furnished or to be furnished by the undersigned. The undersigned. affirms that all materials and labor furnished on behalf of the undersigned have been paid in full EXCEPT: XX PAK AY11~EN~'for material, Labor or service FIyL~ AND FINAL PAYMEN?' for materials, labor, or services provided The tundersigned has executed this waiver voluntarily and with full knowledge of its rights tinder the Laws of the State of Minnesota. Please return ta; Commercial Partners Title t':ttn: Caryn F, 200 South Sixth St., Ste. 1300 Minneapolis, MN SS402 F) 612,337.2470 F} 612.337.2471 1vletro Remodeling & Renovation, LLC Company By: _ _ , Signature (,,,/ Title: ~~~~ ~ ~ _ Address: Phone No. Receipt and Waiver of Mechanic's Lien Rights Draw No. 3 Date: 9/18/08 The undersigned hereby acknowledges receipt of the surn of $379,688.32 based upon a contract to furnish and/or install materials, labor or services furnished to the following described property: Project Name: Sullivan Shores Townhomes Legal: Lots 1-65, Sullivan. Shores General Contractor: Metro Remodeling & Renovation, LLC File No. 30449 Contract Amount $ and for value received hereby waives any right which it now has, or in the future may have, to claim a mechanic's lien, or any other lien rights or claims against (a) the real property to which the above-described materials, labor, or skills were supplied; (b) the improvements located thereon; (c) the payor or owner; or (d) the surety or sureties of the payor or owner to secure payment for any labor, skill, or materials furnished or to be furnished by the undersigned. The undersigned affirms that all materials and labor furnished on behalf of the undersigned have been paid in ful EXCEPT: XX PARTIAL PAYMF,NT for material, labor or service FULL AND FINAL PAYMENT for materials, labor, or services provided The undersigned has executed this waiver voluntarily and with full knowledge of its rights under the laws of the State of Minnesota. I'tease return to: Commercial Fartners Title Attn: Jessica J. 200 South Sixth St., Ste. 1300 Minneapolis, MN 55402 P) 612.337.2470 F) 612.337.2471 Metro Remodeling ~r Renovation, LLC Company By: Signature Title: _ ~ l~'~ .~ Address: / /~ . ~J~`,~ _ tom' ~~ ~~ Phone No. _ '/b~~-!~/~ ~ilfp pf~if~SSltlrEt~~ ~Ul.Iftfl'E~° s~pp~y c~l~ter 18900 West 78t~' Street, P.O. Box 130 -Chanhassen, MN~ 55317-0130 Phone: 952- 470-4800 Fax: 952-470-4810 www.LymanLumber oom Branch Manager Trm Liesfer RECEIF~T AN® 1~i~AI~ER OF MECHANIC'S LIEN RIGHTS Gate 2-24-09 The undersigned hereby acknowledges receipt of the sum of: $267,426.27 CHECl4 ONLY ®NE: 1) .._._,_, as partial payment for labor, skill and material furnished on invoice: 2) `. as payment for ail labor, skill and material furnished or to be furnished (except the sum of $___________ retainaged or holdback) 3) X as foil and final payment for ali iabor skis{ ar~d material furnished to date to the following described real property; Sullivan Shores Rroject Columbia Heights, MN From: Metro Remodeling and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for iabor, skil6' ar material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). Payment has been made by check and this lien waiver is not valid until said check has cleared all banks. LYMAN Ll.1Ml3ER CClMP,4NY By: MELISSA HANSEN CREDIT MANAGER P.O. BOX 130 GHANHASSEN, MN 55317 FlD # 41-03$6245 1~~~ ~~~~~e~ 18900 West 78t" Street, P.O. Box 130 -Chanhassen, Mhl 55317-0130 Phone: 952- 470-4800 Fax: 952-470-4810 www.LymanLumbe_r.com Branch Manager Tim Liesier RE~ElP°f ANt3 WAVER ~F itllE~H~IVl~'S LIEN RIGHTS ®ate 10®27-0~ The undersigned hereby acknowledges receipt of the sum of: 691~1.3a ~HECl~ ~i~LY fJ~lE: 1} ____ as partial payment far labor, skill and material furnished on invoice: 2} _ as payment for all labor, skill and material furnished or to be furnished (except the sum of ~ retainaged or holdback} 3) X as full and final payment for all labor skill and material furnished to date to the following described real property: LUMBER, SHINGLES AIVD TRUSSES ONLY 650, 741,721,730,720,758,78, S~lLLIVAP9 W,4Y C®LU~IlB11~ H~lGHTS, MN From: MET'RC7 RE~l~tJELlNG and fr..E° value received hereby waives all rights acquired by the undersigned to file ar retard F~chanir,'s liens against said real property for labor, skill or material furnished to said real propet~ty (only for fhe amount paid if Box 1 is checked, and excepf for retainage shown if Box 2 is checked}. Payment has been made by check and this lien waiver is not valid until said check has cleared all banks. LY!l~,4N L.~ll1t1BER CC3lUfP~t~Y ~ C~~~~~ By_ _ ~~~G~~----.~ i~(1=Ll~SA I~APt~F~ CREC117` I<lllp0.td~GFR t'.C7. E-SOX °I30 ~Fl~~hI~~~EI~l, i~g~ ~~~~7 F)~ ~ 41°0~630~•$~ ~~ - .- _ ~ ~ ,. ~ pCt1f6SS10~~1 ~tll~I~Ir~'"~ ~}?lyr C~:111~t' 18900 West 78th Street, P.O. Box 130 -Chanhassen, MN 55317-0130 Phone: 952- 470-4800 Fax: 952-470-4810 www.LymanLumber.com Branch Manager Tim Liester RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Date 9-~-08 The undersigned hereby acknowledges receipt of the sum of: $44201.68 CHECK ONLY ONE: 1) _ as partial payment for labor, skill and material furnished on invoice: Lumber 2) - as payment for all labor, skill and material furnished or to be furnished (except the sum of $ retainaged or holdback) 3) x as full and final payment for all labor skill and material furnished to date to the following described real property: Sullivan Shores Columbia Heights, MN From: Metro Remodeling & Renovations LLC and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's Piens against said real property for labor, skill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). Payment has been made by check and this lien waiver is not valid until said check has cleared all banks. LYMAN LUMBER COMPANY By: s MELISSA HANSEN CREDIT MANAGER P.O. BOX 130 CHANHASSEN, MN 5531? FID # 41-0386245 Form No. 237 -Receipt and Waiver of Mechanics' Lien IZights N.B - It is important that the following directions be closely followed as oiherwise the receipt WILL NO'r BC ACCF.PT'1/D. I. This is a LEGAL INSTRi1ML'NI' and must be executed accordingly by olTecrs of corporations and by partners in CO-partnerships. 2. It is important that AL.L blanks be completed and the AMOUN•r PAID BE SlIOWN. 3. If payment is not in full to date, so state, SI10W UNPAID i3ALANCE, and strike out last three lines. 4. A receipt similar to Yhis or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OIZ ALTERATIONS MUST BE MADE '7/04/08 (Date} The undersigned acknowledges having received payment of Six Thousand Dollars & 00/100 Dollars ($6.000.00) Amount Paid From Metro Remodeling & Renovation as Total payment of all framing labor through 6/2$l0~ (Name of Payer} contracted labor by the undersigned performed at: Sullivan Shores#208-6-Columbia Heights MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. David une _ BY'--~~t -~ G .. ~~~~ ~~~ (title) Address: 1.320 Evergreen Place Mayer, MN X5360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important That the following directions 6e closely followed as otherwise the receipt W IL.L NO'i' BF ACCGP'rCll. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that AL,L, blanks be completed and the AMOUNT' PAID BE SHOWN. 3. If payment is not in full to date, so state, SFIOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similaz to this or legal waiver of lien rights will be required for all plwnbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS M1JS'1" BE MADIi 7/11/08 (Date} ~i~he undersigned acknowledges having received payment of Seven Thousand Five Hundred Dollars & 00/100 Dollars 07,500.00) Amount Paid From Metro Remodeling & Renovation as Total payment of all framing labor through 7/05/08 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-6 & 7-Columbia Heights MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. avid,Aune ~~~~~~ (title) Address: 1320 Ever~een Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT IIE ACCrPTI:D. t. 'T'his is a LEGAL [NSTRUMIN'T' and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. ft is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. ff payment is not in full to date, so slate,, SffOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, cte. 5. NO F,RASURES OR ALTERA"l IONS MUST BE MADE 6/13/08 (Date) The undersigned acknowledges having received payment of Six Thousand 1'"our Hundred Dollars & OOI100 Dollars (56,400.00) Amount Paid From I\!letro Remodeling & Renovation _as Total payment of all framing labor through 6/07/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-4-Columbia heights MN (contract frami; (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. _ David une ~_ ~ ~~~~~ (title) Address: l 320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and iVaiver nf' Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL N0T BE ACCGPTF.D. L This is a LEGAL INSTRUMIN'C and must be executed accordingly by officers of corporations and by parincrs in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. Ifpayment is not in full to date, so state, SHAW UNPAIll BALANCE, and strike out fast three tines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumhing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE 6/20/08 (Date) The undersigned acknowledges having received payment of Seven Thousand Dollars & 00!100 Dollars (57.004.00) Amount Paid From Metro Remodeling.& Renovation as Total payment of all framing labor through 6/14/08 (Name of Payer) calttracted labor by the undersigned performed at: Sullivan Shores#208-5-Columbia Heights MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material famished to said premises prior ofthe date hereof _ 1' vid Acne _ By: ...__ ~---~~-- (title) Address: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B -1t is important that the following directions be closely followed as otherwise the receipt WILL 1\OT I3E ACCEPTED. 1. This is a LEGAL INSTRUMENT and must he executed accordingly by otfcers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOCINT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out I•rst three fines. 4. A receipt similar to this or legal waiver of lien rights wiII be required for al! plumbing, heating and plastering rnate:rials, etc. S. NO ERASURIsS OR AI~rERATTONS MUST B1-: MADI 6/27/08 (Date) The undersigned acknowledges having received payment of Seven Thousand Dollars & 00/100 Dollars 07.000.00} Amount Paid. From Metro Remodeling; & Renovation as Total payment of all framing labor through 6/21/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan. Shores#208-5-Columbia Heights MN (contract framin~l (street address or legal. description) and. for value received hereby waives all rights which may have been acquired by the undersigned to Pile mechanic's lien against said. premises for labor, skill or material furnished to said premises prior of the date hereof. av`d Awie _ ~~~ ~~~ (title) Address: 1320 Evergreen Place Mayer, MN 5536() Porm No. 237 -Receipt and Waiver nf!Yleehanics' Lien Kights N.B - It is impalant that the following directions be closely followed as otherwise the receipt WILL Na'1' BL ACCLi''i'Lll. 1. This is a LEGAI. INSTRUMENT and must he executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is imporiaut That Al'~L blanks be completed and the AMOUNT PAID BE SHOWN. 3. Ifpaymcnt is not in full to date, so state, SHOW UNPAID BP,LANCE, and strike out last three Lincs. 4. A receipt similar to this or legal waiver of lien rights will be required fir all plumbing, heating and plastering materials, etc. 5. NO ERASURES Oli AL;1'ERATIONS MUST BE MADE, 9/12/08 (Date) The undersigned acknowledges having received payment of Twelve ~hhousand Dollars & 00/100 Dollars ($1.2,00(9.00) A.rrlaunt Paid from Metro Remodeling & Renovation as Total payment of all framing labor through 9/06/0 (Name of Payer} contracted labor by the undersigned performed at: Sullivan. Shores#208-12 & 13-Columbia IleiUhts MN contract framing) (street address or legal description} and for value received hereby waives all. rights which may have been acquired by the undersigned to file rrlechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. avid Aunt (title} Address: 1320 Evergreen Place Mayer, NIN 55360 Form No. 237 -Receipt and Waiver of 1~Iechanics' Lien 12ights NB - It is important that the following directions be closely followed as otherwise the receipt WILL N0T BG ACCIiPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. Ct is important that ALL blanks be completed and the AMOUNT PAID BE SI-TOWN. 3. If payment is not in ftdl to date, so state, SHOW UNPAID I3ALANCF:, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights wilt be required for all plumbing, heating; and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADF. 9/05/08 (Date) The undersigned acknowledges having received payment of Ten Thousand Dollars & 00/100 Dollars ($10,000.00} amount Paid From Metro Remodeling & Renovation as Total payment of all framing labor through x/30/08 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-11 & 12-Columbia Heights MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the widcrsigned to file mechanic's lien against said premises for labor, ski11 or material furnished to said preliiises prior of the date hereof. D vid Aune ~~_- By: (title} Address: 1320 Evergreen Place Mayer, MN 55360 Farm Na. 237 -Receipt and Waiver of Mechanics' i.ien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt W ILL NO"r I3E ACCLY'rIsA. L "fhis is a LEGAL INSTRUMENT and must be executed accordingly by olTicers of corporations and by partners in CO-partnerships. 2. Il is important that ALL blanks he completed and the AMOUNT' PAID BI3 SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will 6c required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTE}2A'rIONS MUST' BE MADE 8/15/08 (Date) The undersigned acknowledges having received payment of Six Thousand Seven Hundred Dollars & 00/100 Dollars ($6,700.00) Amount Paid Pram Metro Remodeling & Renovation as "Total payment of all framing labor through ~/09/0~ (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores~208-9 -Columbia Hei~ht5 MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. _ David Aune By: (title) Address: 1320 Evergxeen Place Mayer, MN 55360 Porm No. 237 - Keccipt and Waiver of Mechanics' L,icn Rights N.I3 - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BL ACCF,PTIJL). 1.1'his is a LLGAL INS'I'RiIMENT and must he executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOiJNT PAID I3L•' SHOWN. 3. If payment is not in full to date, so state, SI-fOW UNPAID BAt.ANCL, and strike out last three tines. 4. A receipt similar to this or legal waiver of lien rights will he required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR AL,TIRATIONS MUST I3L MADfi 8/08/0$ (Date) The undersigned acknowledges having received payment of Seven Thousand Five 1=Iundred Dollars & 00/100 Dollars ($7,500.00) Amount Paid From _ Metro Remodeling & Renovation as Total payment of all framing labor through ~iozio~ (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shares#208-9 -Columbia Heights MN (contract framing) (street address or legal description} and for value received hereby waives all rights which. may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof __ avid Aune __ (title} Address: 1.320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Kights N.B - It is important that the fallowing directions be closely followed a5 otherwise the receipt WILL NOT BE ACCPPT'uD. I. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and 6y partners in CO-partnerships. 2. It is important that ALL blv~ks be completed and the AMOt1NT PAID BF. SHOWN. 3. If payment is not in lull to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASUItE;S OR ALTERATIONS MUST BE MADE 7~l g~~g (Date) The undersigned acknowledges having received payment of Six Thousand Dollars & 00/100 Dollars ($6,000.00) Amount Paid From Metro Remodeling & Renovation as Total payment of all framing labor through 7nz~o~ (Name of Payer) contracted labor by the undersigned. performed at: Sullivan. Shores#208-7 & 8-Columbia Heights MN (contract framin>) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. avid`A nc By: ~ A ~~~~~ (title) Address: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Licn Bights N.B - It is important that the following directions be closely followed as othenvisc the receipt WILL NOT IIG ACC[:PTT;D. I. This is a LEGAL, INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in fult to date, so state, SHOW [JNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE 7/25/08 (Date} The undersigned acknowledges having received payment of Six 1,housand Dollars & 00/100 Dollars ($6,000.00) Amount Paid From Metro Rcmodelin~? & Renovation as Total payment of all framing labor through 7/19/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-8 & 9-Columbia IIei~hts MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material fi.Irnished to said premises prior of the date hereof David une By: ~- ~`..---~"~-- ~~ {title) hddress: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.I3 - It is important that the following directions be closely followed as otherwise the receipt WILL iVOT' BL ACC1vPTGD. 1. This is a LEGAL IiNST'RUMENT and must he executed accordingly by officers of corporations and by partners in CO-partnerships. Z. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, S110W UNPAID BALANCE, and strike out last three lines.. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO 1:RASlIRIiS OR ALTERA'f10N5 MUST BE MADI: 8/01 (.Date) The undersigned acknowledges having received payment of Six Thousand Dollars & 00/100 Dollars (56,000.00) Arrlount Paid Frorrl Metro Remodeling & Renovation as Total payment of all. framing labor through 7f26/08 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-8 -Columbia Heights MN {contract framing (street address or legal description) and for value received hereby waives all. rights wlTich may have been acquired by the undersigned to f le mechanic's Lien against said. premises for labor, skill or material fiirnished to said premises prior of the date hereof avid une _ Y'_ ' ,°'~ c~~ u~r' (title) Address: 13201/vergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of 1lechanics° Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NO'r 13E e1CCE1'TED. I. This is a LEGAL INSTRUMENT and must be executed accordingly by olTicers of corporations and by partners in CO-partnerships. 2. It is important that AL.L blanks be completed and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPA- ID BALANCE, and strike out last three fines. 4. A receipt similar to this or Icgal waiver of lieu rights will be reyuired for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE 8/22/08 (Date} The undersigned acknowledges having received payment of Seven Thousand Dollars & 00/100 Dollars ($'7,000.00) Amount Paid From Metro Remodclin6 & Renovation as Total payment of all framing labor through ~/16/0~ (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-10-Columbia Heights MN (contract framina) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. David Aune By: ~ ~l `'D Gtr? ~ Q ~ (title} Address: 1320 Evergreen Place Mayer, MN 55360 Dorm No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the ti~llowing directions be closely followed as otherwise the receipt WILL NOT l;r ACCLI''rED. 1. 'T'his is a LEGAL INS'1'12UMEN'f and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SI-TOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out Iasi Three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR AI;IBRATIONS MUST BE MADE 8/29/08 (Date) TIIe Ilndcrsigned acknowledges having received payment of Three Thousand Five Hundred Dollars & 00/100 Dollars ($3,500.00} ~rrlount Paid From _ _ Metro Remodeling & Renovation as Total payment of all framing labor through. ~/23/0~ (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shares#208-11-Columbia Heights, MN~contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to rile mechanic's lien against said premises far labor, skill or material. furnished to said premises prior of the date hereof. David Aune ~~~ ~~~ (title) Address: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - }t is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCCP'rL+'D. 1. This is a L1GAL INSTRUM.F,NT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important tl~at ALL blanks be completed and the AMOUNT PAID BE S1(OWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERA"PIONS MUST BE MADE 8/29/08 (Date) The undersigned acknowledges having received payment of Three Thousand Dollars & 00/100 Dollars (~3,000a00) Amount Paid From Metro Remodeling & Renovation as Total payment: of all framing labor through x/23108 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#20$-10-Columbia IIci~hts MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to rile mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. Davi Aune sy: ~~ a~...--r --- ~~~ r~ ~'~ (title} Address: 1320 I/ver~reen Place Mayer, MN SS360 v Form No. 237 - 12eceipt and Waiver of ~[echanics' Lien Rights N.I3 -1C is important that the ('allowing directions be closely followed as otherwise the receipt W ILL, NOT 131; ACCGl''rGD. I. This is a LEGAL INSTRUMENT and must be e:cecuted accordingly by oifcers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. tfpayment is not in full to date, so state, SLiOW UNYAtD BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES Olt AL'1'LRA'1'IONS MUST BE MADE 9/26/08 (Date) The undersigned acknowledges having received payment of Seven Thousand Pive fIundred Dollars & 00/100 Dollars ($7,500.00) Amount Paid from Metro Remodclin~ & Renovation as Total payment of all framing labor through 9/20/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208-15-Columbia Heights, MN (contract framing (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. David Aun c~`: ~~ (title) Address: 1320 Evergreen Place Mayer, MN 55360 l:orm No. 237 - Receipt and Waiver or Mechanics' [,icn ,Bights N.B - It is irnportant that the following directions he closely followed as otherwise the receipt WILL NQ'1' BB ACCrP"TED. L This is a LHUAL 1NSTIZUNIIiN'f and must he executed accordingly by officers of corporations and by pariners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUN"i' PAID BE SI30WN. 3. If payment is not in full to date, so state, SI IOW UNPAID BALANCE, and strike out last three lines. ~:. A receipt similar to this or legal waiver of lien rights will he required for all plumbing, heating and plastering materials, etc. 5. NO EBASIJRES OR A1.TfiRA'I'IONS MUST BE MADF. 10/27/08 (Date} The undersigned acknowledges having received payment of rive Thousand. rive Hundred Dollars & 00/100 Dollars (55,500.00) Amount Paid From Metro Remodeling & Renovation as 'Total payment of all framing labor through l O/20/08 (Name of Payer) contracted labor by the undersigned performed at: Sullivan. Shores Association # 208-17 Columbia Heights MN (contract framing) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's Iicn against said premises for labor, skill or material furnished to said premises prior of the date hereof. David ne (title) Address: 1320 )/vergrcen Place Mayer, MN 55360 Form No. 237 - 12eceipt and Waiver of N[echanics' Lien Rights N.B - it is important that dxe following direciiorrs be closely followed as otherwise the receipt WILL NO'C BE ACC>;I'TEll. 1. This is a LF,GAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALI, blanks be completed and the AMOt)NT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTEI2A'fIONS MUST BE MADE 1.0/20/08 (Date} The undersigned acknowledges having received payment of Seven Thousan Dollars & 00/100 Dollars ($7,000.00) Amount Paid Prom. Metro Remodeling & Renovation as Total payment of all :framing labor through 14/13/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores Association # 208-16&17 Columbia Heights MN (contract framinl?1 (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof: David .A_~nc, Bye ~2~. ~ ~ ~~ 5~~~,~~ (title} Address: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt W1L.L N0T BE ACCEPTED. 1. 'T'his is a LEGAL [NSTRUi~IENT and must be executed accordingly by otlicers of corporations and by partners in CO-partnerships. L. It is important that ALL blanks be completed and the ,AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for alt plumbing, heating and plastering materials, etc. 5. NO F.,RASURES OR AL,1'b'RATIONS MUST BE MADE ~ ~/s/Os (Date) The undersigned acknowledges having received payment of Seven. Thousand Seven Hundred Twen~ Dollars & 00/100 Dollars (~7,72U.00) Amount Paid From Metro Remodeling & Renovation as Total payment of all framing labor through. 11/7/0 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores Association # 208-18 Columbia Heights MN (contract framing) (street address or legal description) =~Id for value received. hereby waives all rights which may have been acquired by the undersigns t Io file mechanic's lien against said premises for labor, skill. or material. furnished to said premises prior of the date hereof. ___ I~ vid Aune Byp -~'-~'_ c.---~'.~_..__. (title) Address: 1320 Evergreen Place Mayer, MN 55360 Form No. 237 -Receipt and Waiver oI'Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILT, NOT BF ACCFPTTD. I. This is a LEGAL INS'T'RUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL, blanks be completed and the AMOUNT PAID BE Sl TOWN. 3. Ifpayment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out Last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR AL;I'E1ZA'1'IONS MUST BL•; MADE 8/25/08 (Date) The undersigned acknowledges having received payment of Four Thousand Light Hundred Thirty Eight Dollars & 00/100 Dollars ($4,838.00) Arrlount Paid From Metro Framing Inc•__as Total payment of all framing labor through 8/1S/08 (Name of Payer) contracted labor by the undersigned performed at: Sullivan Shores#208- Columbia I-Icights MN (contract framing) (street address or legal. description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said prelrlises prior of the date hereof. E~c~l~h?l~ctr~tc, LLC i"~Z~ (title} Address: 6041 189`" Lane N.W. Anoka, MN 55303 RECEIPT AND WAIVER qF MECHANIG'S LIEN RIGHTS Dated: ~ O ~ / / ~ ~ u The undersigned hereby acknowledges receipt of the sum of $ 3, ~ ~ ~ ' ~~ CHE~NLY ONE 1) as partial payment for labor, skill and material furnished 2),_ as payment far all labor, skill and material furnished or to be furnished {except the sum of $ retainage or holdback) 3;r as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal desaription, street address or project name) Address as on reverse side of this purchase order or: ~t~,~li ~~ ~h ~'~ s ~v ~ol~,bl~ SZrf f r'v'~ ~~~ ~~~~, ~ ~ and for value received waivers ail rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, si<ifl or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned affirms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: " ~~ Ele -fir' LL a ~~/ By: , NOTE: If this instrument executed by , a corporation, it must be signed by an officer, and if executed by a partnership, (Title) it must be signed by a partner. Business address as on reverse side or (Address) The lien waiver is nat valid until the remittance clears the bank. RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: f ~'4' ` ~ ~ ° ~ ,', ~-; ~ `) The undersigned hereby acknowledges receipt of the sum of $ ~-~'`, ~~J• ~• CHECK ONLY ONE 1) as partial payment for labor, skill and material furnished 2)__ as payment for al! labor, skill and material furnished or to be furnished (excep# the sum of $ retainage or holdback) 3) _ as full and final payment for all labor, skill and materia! furnished or to be furnished to the following described real property: (legal description, street address or project name) Address as on reverse side of this purchase order or: "~ ~ ` ~-" ~} 7L.J~~ ,~~~"~'(~~~ /". tom. t 9 and for value received waivers alt rights acquired by the undersigned to file or record mechanic's liens against said real property for labor, sl<ill or material furnished to said real property (only for the amount paid if Box 1 is checked, and except for retainage shown if Box 2 is checked). The undersigned aferms that all material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned have been paid in full, EXCEPT: _, n 1 Y~ NOTE: !f this instrument executed by a corporation, it must be signed by an Q ~'' ' `--~_. officer, and if executed by a partnership, (title) it must be signed by a partner. Business address as on reverse side or (Address) The i_ien waiver is not valid until the remittance clears the bank. Farm No. 237 -Receipt and dVaiver of iVlechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT 13E ACCEPTED. I .This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SNOWN. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO ERASURES OR ALTF,RATIONS MUST BE MADE. 10/10/08 (Date} The undersigned acknowledges having received payment of Two Thousand Seven Hundred Fifty Dollars and 00/l00 . ($ 2,750.00) Amount Paid From Metro Remodelin~7 & Renovation Inc. in partial payment of all labor through 9/11/08 (Name of Payor) ~~° by the undersigned performed at: Sullivan Shores, 600 - 758 Sullivan Drive, Way, and LaneColumbia Heights, MN. (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. _ ---~ _" (title) 13265 Yorktown Lane Champlin, MI~r 55316 Form No. 237 -Receipt and Waiver of Mechanics' L.ien'12ights N.B - 1t is important that the following directions be closely followed as otherwise the receipt WILL NOT 13E ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by of .facers of corporations and by partners in CO-partnerships. 2. It is important that AL L blanks be completed and the ~MUUNT PAID BE SHOWN. 3. If payment is not in full to date, so stale, S110W UT<PAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. _ 9/22/08 (Date) The undersigned acknowledges 1laving received payment of Three Thousand Nine I I:undred Ninety Dollars and 00/100 . ($ 3,990.00) Amount Paid Prom Metro Remodeling & Renovation Inc. in full payment of all labor through 9/01/08 (Name of Payor) by the undersigned performed at: Sullivan Shores#20~-Building 5 6 & '7,_Columbia Heights, MN. (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises far labor, skill or material furnished to said premises prior or the date hereof ~~Gree„~a.QrLP-.aanti Q-___~... y~ __--- ~ r~~ ~~ - (title) --- 13265 Yorktown Lane Champlin, MIV 55316 Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BF, ACCJJPTFD. . This is a LEGAL INST'RUMF,NT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. It is important that AL,I, blanks be completed and the AMOUNT PAID BE SHOWN. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. NO Ei2ASURF,S OR AL~TERATiONS MUST" BE MADE. 10/22/08 (Date) The undersigned acknowledges having received payment of Fourteen Thousand Four Hundred Seventy-Five Dollars and 00/100 . ($14,475.00) Amount Paid Prom Metro Remodeling & Renovation Inc. in partial payment of all labor through 10/15/08 (Name of Payor) by the undersigned performed at: Job #208 Sullivan Shores 600-750 Sullivan Drive & Sullivan Way Columbia Heights MN (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien. against said premises for labor, skill or material furnished to said premises prior or the date hereof. {title) 13265 Yorktown Lane Champlin, MN Form No. 237 -Receipt and Waiver of Mechanics' Lien Rights N.B - It is important that the following directions be closely followed as otherwise the receipt WILL NOT BE ACCEPTED. 1. This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by partners in CO-partnerslaips. 2. It is important that ALL blanks be completed. and the AMOUNT PAID BE SHOWN. 3. If payment is not in full to date, so state, SHOW UNPAID BALANCE, and strike out last three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERASURES OR ALTERATIONS MUST BE MADE. 12/15/08 (Date) The undersigned acknowledges having received payment of Nine Thousand Nine Hundred Fifteen Dollars and 00/100 ($ 9,915.00) Amount Paid From Metro Remodeling & Renovation Inc. in partial payment of all labor through 11/30/08 (Name of Payor) by the undersigned performed at: Job #208 Sullivan Shores 600-750 Sullivan Drive & Sullivan Way Columbia Heights, MN (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanics' lien against said premises for labor, skill or material furnished to said premises prior or the date hereof. Greenwood Painting ~,....~-a-.--- ____~_____-- ..~ ~w~~~ (title) 13265 Yorktown Lane Champlin, MN porm No. 237 -Receipt and Waiver of Viechanics' Lien lZights N.B - [t is important that the following directions be closely followed as otherwise the receipt WILL NOT BT; ACCLP"rts'D. I This is a LEGAL INSTRUIvtENT and must be executed accordingly by officers of corporations and by partners in CO-partnerships. 2. It is important that ALL blanks be completed and the AMOUNT PAID BE SHOWN. 3. if payment is not in full to dale, so state, SIIO W UNPAID BALANCE, and strike out Iasi three lines. 4. A receipt similar to this or legal waiver of lien rights will be required for all plumbing, heating and plastering materials, etc. 5. NO ERf1SURES OR AI; 1'ERATIONS MUST' BE MADE si~3ias (Date} 'The undersigned acknowledges having received payment of Six Thousand Six L-lundred Fifteen Dollars & 00/1.00 Dollars 06,615.00) Amount Paid From Metro Remodeling&Renovation as Total payment of all framing labor through 6/07/08 (Name of Payer) contracted. labor by the undersigned performed at: Sullivan Shores#208-3, Columbia Fleights MN (contract framin,~) (street address or legal description) and for value received hereby waives all rights which may have been acquired by the undersigned to file mechanic's lien against said premises for labor, skill or material furnished to said premises prior of the date hereof. _ C. a z By -- (title} Address: 1009 Sims Avenue St. Paul, MN 55106 Facsimile 7"~ansmittal Date: ~~ ~ ~ ~~ Metro Remodeling & Renovation, LLC 1550 91st Avenue NE, Ste. 110 Blaine, MN 55449 Phone: (763) 785-1482 Fax: (763)786-5740 Company: r'~'I. ~~ . Fax #: ~~? -, ~_<'`7 " ~~ / f From: ~-~ Total number of pages, not including cover sheet: `~- ®riginals to follow in mail? Yes No If all pages are not received, please call (763) 7$5-1482. ~~ ~~ ~l!'J ~ l ~i ~/ 'F lF° ~~~:~ ,~~~ ~ --~ 1....-/ ~' , ("/ ~/J/ /~~ ~"~- ;T~„_ ~ 1 ~CC.~'f (."' ' `~ Back METRQ REMQDELING & RENOVATION, LLC r~xvsPex.tiri anHK ..31756 ~ , 15509SSTAt/ENE, SUITE 11Q. - o.km4,iwNSSrze - ;' i $LAINE, MN 554-09 ss° i ni=»~« "" _~ /0 05130 8 ' 22-1698!960 i 'PAY 70 7Fi1 ,. ' . , i oKa>;xoF Logan Rgofing, Inc. ~ 7,110.00 ~ i *aRwr~x~aee~n+raemn~vawwn~~~~.•r~~ieeerat+<~~~rrea:r+r~aneawN.mm~~~•+ ! i "Seventy-ang Hundred Ten And 00/100 Dollars ••~}9~~ARS i '~ Logan Roofing, Inc.. 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