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EDA AGN 04-01-13
AGENDA COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Monday April 1, 2013 6:30pm City Hall, Conference room 1 1. Call to Order Gary L. Peterson President Bobby Williams Vice President Bruce Nawrocki Secretary/Treasurer Donna Schmitt Tammera Diehm Gerry Herringer Marlaine Szurek 2. Pledge of Allegiance CONSENT AGENDA 3. Approve Minutes of February 4, 2013 Approve financial report and payment of bills for January and February 2013 Resolution 2013 -03. Motion: Move to approve Consent agenda as presented. BUSINESS ITEMS 4. Consider sale of 4502 Washington Motion: Move to call a public hearing for May 6, 2013 at 6:30pm in Conference Room 1, to consider the sale of 4502 Washington Street. 5. Scattered Site contract 6. Administrative Report 7. Other Business The next regular EDA meeting will be Monday. May 6, 2013 at City Hall. ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF FEBRUARY 4, 2013 IN CONFERENCE ROOM 1 The meeting was called to order at 7:00 pm by Chair Peterson. Members Present: Bruce Nawrocki, Gary Peterson, Donna Schmitt, Marlaine Szurek, Tammera Dielun, Gerry Herringer. and Bobby Williams. Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson. The Oath of Office was administered to Gary Peterson, Bruce Nawrocki, and Bobby Williams. 2. PLEDGE OF ALLEGIANCE- RECITED 3. ELECTION OF OFFICERS: Motion by Diehm, seconded by Herringer, to elect officers as follows: President- Peterson Vice President- Williams Secretary /Treasurer- Nawrocki All ayes. MOTION PASSED. 4. CONSENT ITEMS 1. Approve the Minutes from December 3, 2012. 2. Approve the Financial Report and Payment of Bills for October, November, and December 2012 on Resolution 2013 -01. Questions by Members: Schmitt asked about the funds still in the Makes Heights Your Home account. Clark told her the Board had previously taken action to re- allocate the funds to the Mady purchase. It will be moved to the proper fund accordingly. Motion by Szurek, seconded by Schmitt, to waive the reading of Resolution 2013 -01, there being an ample amount of copies available to the public. All ayes. MOTION PASSED. Motion by Szurek, seconded by Schmitt, to approve the minutes and adopt Resolution 2013 -01. All ayes. MOTION PASSED. EDA Minutes Page 2 February 4, 2013 EDA RESOLUTION 2013 -01 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR OCTOBER NOVEMBER AND DECEMBER 2012 AND PAYMENT OF BILLS FOR THE MONTHS OF OCTOBER NOVEMBER AND DECEMBER 2012. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of October, November and December 2012 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 4 °i Day of February 2013 BUSINESS ITEMS 5. Scattered Site Realtor Interviews Szurek asked if staff had an opinion on who they think would be the best option for the City to use for this project. Clark said there are basically two approaches being proposed —a plan to just sell the lots (applicant to be the broker), and a plan for the broker to partner with a builder to build on the lots and to sell the homes as they are constructed. EDA Minutes Page 3 February 4, 2013 1) Eric Young —Edina Realty/Young Real Estate Inc., licensed since 2004 • Worked with a builder who has built and sold 4 new single family homes in the last five years in Columbia Heights • Realtor for Grand Central Lofts and Parkside Village *Past experience working with governmental entities •Marketing Plan • MLS listing • www columbiaHeightsReal .coin • Listing on other webpages *Fee Schedule 4.7% of sales price of the lot Discussion with Board: Young stated that he generally works with Ryan Van Nurden and showed examples of some of the houses he has constructed in Columbia Heights during the last couple years. The price points of these houses were $199,000- $239,000. They were constructed on 40 -80 ft lots. He suggested that some of the lots would be grouped for purchase. Herringer asked Young what he meant by "grouping the lots ". Young said that he would expect to purchase the more desirable lots and to have some of the less desired lots thrown into the deal. Peterson asked him if an individual wanted a particular lot to build their own home on, if he would be willing to work with them. Young said that person would probably still need a builder that could provide the construction loan, and hopefully they would be willing to use the builder Ire is partnered with. Herringer asked him what his commission rate was. Young stated it is 4.7% for the lot itself. Any other commission for the sale of the completed house would be responsibility of the builder to pay. Peterson asked him how he would market the lots. Young stated he would use signs that included his website address with a list of all of the available lots. He would also show drawings of possible homes that could be constructed on the lots. Diehrn asked him how long of a listing agreement he was looking at. Young responded 6- 12months is the typical listing period. Peterson asked him how he thinks they would sell. He thinks they would sell quickly. Peterson asked him about price points of the lots and of the house that would be built on them. Young stated Ire thought the majority of the 40 ft lots would be worth about $20,000 /ea., with the larger ones being worth about $35,000. He thought the listing price of $50,000 for the Reservoir Blvd. lot was a bit too high. The price range of the houses once constructed would be around $200,000. On the smaller lots he would suggest building a split entry or smaller rambler as depicted on the examples he provided. EDA Minutes Page 4 February 4, 2013 2) Chris Kimball & Betty Hardie— Best Value Real Estate Inc. /Vanderbilt Homes, licensed since 1987 • Columbia Heights resident for 15 years *Owner and Vice President of Vanderbilt Homes Inc., a licensed home builder *Past experience working with governmental entities • Marketing Plan • MLS listing • Sign installation •Fee Schedule • Using a co -op broker, a commission of 5 % would be charged, Best Value to offer a 2.7% buyer - broker commission and retaining 2.3% • Not a co -op transaction and Best Value represents both buyer and seller, a 4% commission would be applicable. Discussion with Board: Betty explained that she is a member of the Builders Association so is therefore, connected to several builders that do construction in the metro area. She stated that she is familiar with the city since she lives here and has built homes here and is aware that there are soil issues in parts of the city. She said it is important to know what will sell, how to prepare the lots for construction, how to list the properties and have some knowledge of legal issues regarding real estate. She said she splits the commission to the seller's advantage to get more interest. Fehst asked her if her commission rate is 4% if she handles both sides of the transaction. She stated it was. Cartney asked her how she would market the lots. She said she would determine what to place on the lots and how much she could sell something for on a particular lot. Then she would call a builder who could build that type of home. She said she has connections to get the loans necessary for the construction. Fehst asked her if she would work out agreement with the builder to sell the homes once constructed. She said she would if they wanted her to sell the home, but most builders have realtors they work with. He asked her how long she would want the listing agreement. She said it is usually 6 months. Nawrocki asked her what value homes she envisioned on the lots we currently have listed. They weren't aware of which lots the City currently have listed. He gave her the example of 43 "r and Reservoir Blvd (17,000 sf lot). She said she would look at something in the area of $250,0004300,000. Clark asked her if she thought she could get that price since the top price in the neighborhood is currently at $160,000. She said she would have to look closer at the site and area to give a more definite price range. Herringer asked what percent is land value vs. structure value. She said it used to be about 20% of the total value for the land, but feels it is now closer to 25 % -30 %. This would mean the lot prices would be higher in her opinion as compared to the opinion of the other proposals being considered. 3) Bruce Magnuson — Edina Realty, licensed realtor since 2005. •Has lived in Columbia Heights for 42 years and has participated in several civil activities. • Sold 15 properties in Columbia Heights • Magnuson is also collaborating with a developer to purchase the lots for development *Marketing Plan • MLS listing • Sign installation • Listing on Facebook and Craigs List • Listing on EdinaRealty.com then fed to other websites o Website stats emailed to seller 0 Review trends in marketplace EDA Minutes Page 5 February 4, 2013 oFee Schedule 0 7.3% per lot 0 2.7% to selling broker 0 10% Total Proposal Homes Plus builds a model home on one of the scattered site lots. With these terms and conditions: A.City subordination of the cost of the home site and permit fees B. City assistance of construction costs and holding costs C. Any down payment assistance or other programs would be available for the buyer If these can be agreed to, the builder will construct a model home on one of the lots. The home will be marketed by Bruce Magnuson. He will have a team of agents working in the model and having it available during the weekend and by appointment for buyers to meet and see the quality of the home. Here are other items that will be done by the builder and agent to further the sale of the lots and homes: A. Construct a model B. Prepare custom marketing materials C. Have plat maps and lot details in the model D. Show points of interest; schools, public works, restaurants etc. E. Demographics of City of Columbia Heights F. Standard features of the model that will be used in the base price G. Have the model open for buyers to stop in H. Have the signs installed in all properties I. Advertising on the MLS as new construction J. Having a quick response from a mortgage person Discussion with Board: Magnuson stated his goal would be to construct something that is affordable, will fit into the neighborhoods, and qualify for FHA financing. He said FHA financing requires a minimum of 3.5% down payment and that the constructed homes would need to be FHA appraised. The appraised values on these new homes will be affected by the surrounding neighborhoods so it is important not to over -build for the area. He said the basic sale price of the constructed home world be about $155,000. This equates to the lot being priced at about $15,000. At this price point there would be some room for upgrades if the potential buyer wishes to add them, and thereby reaching a sales price of around $170,000. The basic design would be a 3 BR, 2 bath on one level with an open design, and include a 2 -2.5 car garage .He would partner with Homes Plus and would work with three other realtors within his company to market the homes as they are constructed, starting with the model home. Magnuson said they would construct the first model home and office in it as they take orders /sales on other sites based on what buyers like in the model home. He thinks they will sell quickly as people tend to buy as long as they can visualize what they are getting. Fehst asked him what size house he is looking at constructing. Magnuson said it would probably be about 1,500 sf of finished space on one level with an unfinished basement. EDA Minutes Page 6 February 4, 2013 Diehm asked if he could provide a sketch and plans of an example. She stated they are looking for a design that looks interesting from the outside, notjust a plain square house with small windows. She would also like addresses of some of the homes this builder has built. Nawrocki said lie thinks the price point of $155,0004170,000 for the Reservoir Blvd lot is too low. Herringer asked him what percentage lot value would be of the total package. Magnuson said he thought about the percentage spabout 120 %o -25% marking he lots only. orth about $100,000'$115 000 for houses sellling at Blaine $400,000. He was asked what his commission rate is. Magnuson said lie would lower his fee to 6% -and 2.7% for the buyer's agent. Felist asked him if the price point is $15,000 for all the lots. Magnuson said it could possibly vary a little depending on the size of the lot. For instance, the Reservoir Blvd lot may be more, but not the $50,000 it is currently listed tor. Felist then asked how long he would want the listing agreement for. Magnuson replied that the standard is 6 months. He thinks the model will sell immediately and it would be a continuous process until they are all sold. Felist asked him if he would be willing to do this if the parcels were split up and sold to two different parties. Magnuson said his builder is only interested if he gets all the parcels since he needs to maximize his profits in quantity to make it worth his while. Felist asked him if he would be willing to give up one lot if someone came forward who wanted one. Magnuson said he would want first right of refusal. Schmitt is concerned about what happens if the market stagnates again or goes backwards some more and the model home doesn't sell. Magnuson said the builder has the bigger risk since he would be financing the construction costs. Schmitt pointed out that the City also would lose since he expects the lot price and permit fees to be subordinated till the sale of the house. 4) Pete Heiyla /Remax Synergy - Realtor for 20 years and active in Columbia Heights volunteer groups. Proposal Pete proposes his team and company obtain exclusive right to market and sell all the residential scattered site lots. They will secure a builder, assist the builder in purchasing one of the lots for a model home, and then simultaneously market and sell the remaining lots. The builder would purchase one lot and agree to build a model home; he would then have exclusive right to build on the remaining lots. The model home would be offered for sale immediately. Once the model home is sold, the builder would agree to purchase another lot. The overall goal would be to continuously have either a model home or a custom build job in progress. The builder proposed is Two Rivers Remodeling, LLC, out of Rogers MN. They have worked in the City of Columbia Heights for the past 10 years on various projects. The proposed housing would meet the design guidelines established for the Scattered Site lots and provide a variety of plans; the projected price range would be between $150,000 to $180,000. The Real Estate team has partnered with area mortgage companies to assist with providing financing options for the potential buyers. EDA Minutes Page 7 February 4, 2013 Discussion with the Board: Heryla stated their proposal is broken into two parts as described above. They would put up a model home on one lot to be sold and continue doing so, one lot at a time. Heryla /Rockwell presented a market analysis they had prepared using properties in Fridley and Columbia Heights. Using the market data, they arrived at a maximum price point of around $24,389 for the lots. He said the package price for a constructed home on the lots would be in the range of $138,000- $162,000 based on two different approaches. Heryla said it will be difficult to construct a home meeting the specs the City wants (square footage, # of BR, baths, gar, etc) on the 40 ft lots. To meet those specs, it would cost approximately $150,000 to construct, and to stay within the $150,0004160,000 range means the lots are actually worth only about $10,000. Heryla stated that Fridley is currently doing the same thing with some of their lots. They are selling their lots (which are larger) for $20,000. They believe it is more important to get the properties back on the tax rolls to recoup tax dollars quicker to make up for their loss since they also bought the properties for more than they are selling them for. He stated that Coon Rapids is also selling their lots for $5,000- $8,000 /lot for the same reasons. Fehst asked what sized homes they expect to construct for that money. Heryla stated they would be about 1,050 -1,200 sf on one level with potential for additional living space in lower levels. They would have two car garages and decent amenities. He thought the Board should be somewhat flexible with the 3 BR requirement, to offer various designs that may make them more attractive to buyers. They were asked what their commission fee would be. Heryla said the fee is 10% on lot sale only. The builder would buy the lots for $10,000 /ea and construct each home, one at a time, till they are all sold. FIe feels these properties will sell if they are built in the price range suggested. Heryla reviewed the market analysis figures with the Board and examples of houses that could be built on the sites. Diehm requested pictures and addresses for houses that this builder has constructed. General Discussion after the Interviews Clark asked if any of the proposals were off the table at this point. Diehm stated that the Board needs to decide if they just want to sell the lots for the maximum amount they can get or if they want some control over what is built on them. Nawrocki stated he wants to do both. He wants to have the nicest homes possible built on the sites for the best price points we can attain. I-Ie supports the plan of the last group the most, but stated their price points need to be negotiated further. Fehst said there was a big difference in the square footage being proposed between the last two proposals. He said these properties are already in a TIF District. He feels it is important to get them back on the tax rolls as quickly as possible, but thinks the price of the lot should be secondary to getting the type of house we think will be attractive to future buyers. EDA Minutes Page 8 February 4, 2013 Peterson thought the price of the lots are too low, but he agreed that getting something that is attractive and that fits into the neighborhood is more important. He would like to have control over the styles of the houses being constructed. Herringer stated that he thought Heryla /Rockwell had the most professional and well prepared proposal /presentation. They had looked at all the lots available and prepared the market analysis to back up their price points. He stated that the Board knew they would lose money on these properties when we bought them, but it was a way to try and revitalize our neighborhoods while we had the opportunity. Herringer agreed with the others that we need to have some control over the type of house that is built. He also said that if the process takes some time, that lot prices may increase a bit. Peterson agreed he thought Heryla /Rockwell had the best presentation. He didn't like the proposal to subordinate the lot cost, permit fees, and unknown construction costs in Magnuson's proposal. He didn't 'feel that Chris Kimball and Betty Hardle were very well prepared and hadn't looked at any of the lots. They didn't have any concrete plan to work with. Williams and Szurek agreed. Szurek thought Heryla /Rockwell had the most realistic proposal both in style of house that could be constructed and in the price points they discussed. She also thought it is important to have some input on the style of house constructed. Schmitt agreed with Szurek's comments. Diehm suggested staff get more information from the Heryla /Rockwell group and bring back to the next meeting. 6. Resolution 2013 -02 5"' Amendment to Amended and Restated Development Contract for Huset Park and Park Dedication This issue was pulled from the agenda since staff had not received all the documents in time for the meeting. This will come back to the Board at the next regular meeting. 7. Administrative Report There was nothing further to discuss. The next regular EDA meeting will be Monday, March 4, 2013 at City Hall at 6:30 pm The meeting was adjourned at 8:50 pm. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: April 1, 2013 AGENDA SECTION: Consent ORIGINATING EXECUTIVE NO:3 DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Financial Report and Payment of Bills BY: Sheila Cartney BY: DATE: March 22, 2013 BACKGROUND: The Financial Report is for the months of January and February and Resolution 2013 -03 is attached for approval. RECOMMENDATION: Staff will be available to answer questions. If the report is satisfactorily complete, we recommend the Board take affirmative action to receive the Financial Report and approve the payment of bills. RECOMMENDED MOTION: Move to waive the reading of Resolution 2013 -03 there being ample copies available to the public. Move to approve Resolution 2013 -03, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the Financial Statement and Payment of Bills for the months of January and February. and EDA ACTION: EDA RESOLUTION 2013 -03 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY AND FEBRUARY 2013 AND PAYMENT OF BILLS FOR THE MONTHS OF JANUARY AND FEBRUARY 2013. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of January and February 2013 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. 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Included in the four lots was 4502 Washington Street. In the meantime staff was directed to seek professional services from realtors to list all the scattered site lots for sale (while keeping the four lots listed on the webpage and with signs for sale). In February 2013, the EDA interviewed Real Estate teams and narrowed it down to one team to sell the lots, to date a formal agreement is not in place with said Real Estate team, that is why the consideration is before you. Cory Mattson owner of 4500 Washington Street has proposed to purchase 4502 Washington Street from the EDA for $13,000.00. Mattson's backyard abuts the subject lot, he proposes to expand his backyard with this lot and combine the lots into one lot. The EDA purchased the 4502 Washington Street property in 2009 as part of the Scattered Site program for $35,000 the lot is 5,160 square feet. Overall the EDA has spent $46,086 on this property including the purchase, demo prep and demolition. Staff seeks direction from the EDA on the proposed sale of this lot; it is a policy discussion for the EDA whether to sell this lot for $13,000 now and have the lot be incorporated into an existing lot or to wait and list the lot for sale with the Real Estate Team for future development. RECOMMENDATION: Staff is seeking direction from the EDA on the proposed sale of 4502 Washington Street to Cory Mattson in the amount of $13,000.00. If the EDA agrees to sell the lot to Mattson a public hearing is required, the motion is written for a public hearing, if the EDA does not agree to the sale then do not pass the motion. RECOMMENDED MOTION: Motion: Move to call a public hearing for May 6, 2013 at 6:30pm in Conference Room 1, to consider the sale of 4502 Washington Street. Attachments: Letter from EDA ACTION: FEB 19 2013 C)��j - -- - - - - - -- -- i -� - - -- --- _," - -- - -- -- - -- - -- - - - -- - -� - � - - -- - - -- -- -✓ j ` -- --- - - - - -- Lex �- - - - -- - - - - -- -CAS COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) Meeting of: April 1, 2013 AGENDA SECTION: Business Items ORIGINATING EXECUTIVE NO:5 DEPARTMENT: EDA DIRECTOR APPROVAL ITEM: Scattered Site Real Estate Contract BY: Sheila Cartney BY: , VA DATE: March 19, 2013 BACKGROUND: In February the EDA interviewed four Real Estate teams in search of representation for the Scattered Site lots. The EDA decided to go with Pete Heryla and John Rockwell of Remax. Pete and John presented options with a builder for the lots where the builder would take down one lot and build a model home and then sell the lots with the options of the model home or someone could buy the model home and then the builder would buy another lot and do the same. Tonight we are going to review the process and what the builder is proposing for these lots. Pete and John have drafted a contract that the EDA attorney has reviewed. The EDA attorney also drafted a purchase agreement for the builder. The Program Guidelines that the EDA created are met with the builders proposal, however with the two story model the floor area is not 1,020 square feet, but the finished area is. There are 5 items to discuss tonight in preparation for action at the May EDA meeting. 1.Does the EDA have any questions /comments regarding the language in the drafted agreements and contracts? 2.Does the EDA agree with the lot prices presented? a. Things to consider in lot pricing: 1) water availability 2) retaining wall work 3.Does the EDA agree with the two /three model homes presented? 4.Does the EDA agree that by approving the models each house will be administratively approved except for the house constructed at Reservoir Blvd.? 5.Does the EDA want to remove 3853 3`d Street from the listing as it is zoned GB? RECOMMENDATION: Staff seeks direction from the EDA as items presented. RECOMMENDED MOTION: No motion. model homes EDA ACTION: F, f* 4 " AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS 1. Page 1 2. MINN9SOTA LAW REQUt,BSF that early in any relationship, real estate brokers or salespersons discuss with 3. consumers what type of agency.representation or relationship they desire.0) The available options are listed below.This 4. Is not a contract. This Is an agency disclosure form only. If you desire representation you must enter Into a 5. written contract, according to state law (a listing contract ora buyer /tenant representation contract). Undi such time 6. as you choose to enter into a written contract for representation, you will be treated as a customer and will not receive 7. any representation from the broker or salesperson. The broker or salesperson will be acting as at Facilitator (see 8. paragraph V on page two (2)); unless the broker or salesperson Is representing another party, as described below. 9. ACKNOWLEDGMENT: Me acknowledge that Uwe have been presented with the below- described options. 10. I/We understand that until I/we have signed a representation contract, Uwe am /are not represented by the 11. brokerlsalesperson. Me understand that written consent Is required for a dual agency relationship. 12. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION. 13. (Sbnalpa) (note) (Sl�alme) (Dale) 14. I. Seller's /Landlord's Broker: A broker who lists a property, or a salesperson who Is licensed to the listing broker, 15, represents the Seller /Landlord and acts on behalf of the Seller /Landlord. A Seller's/Landlord's broker owes to 16. the Seller /Landlord the fiduciary duties described on page two (2).(2) The broker must also disclose to the Buyer 17, material facts as defined in MN Statute 82.68, SUM. 3, of which the broker is aware that could adversely and 18. significantly affect the Buyer's use or enjoyment of the property. (MN Statute 82.68, Subd. 3 does not apply to 19, rental/tease transactions.) If a broker or salesperson working with a Buyer/Tenantas a customer is representing the 20. Seller /Landlord, he or she must act in the Seller's /Landlords best interest and must tell the Seller/Landlord any 21. Information disclosed to him or her, except confidential Information acquired in a facilitator relationship (see paragraph 22. V on page two (2)). in that case, the Buyer/renant will not be represented and will not receive advice and counsel 23, from the broker or salesperson. 24. II. Subagent: A broker or salesperson who Is working with a BuyerMnant but represents the Seller /Landlord. In this 25. case, the Buyer/renant is the broker's customer and Is not represented by that broker. If a broker or salesperson 26, working with a Buyer/Tenant as a customer Is representing the Seller /Landlord, he or she must act In the 27. Seller's/Landlord's best Interest and must tell the Seller /Landlord any Information that is disclosed to him or her. 28. In that case, the Buyer/Tenant will not be represented and will not receive advice and counsel from the broker or 29. salesperson. 30. III. Buyer' s /t'enant's Broker: ABuyerh' enantmayenterIntoanagreementforthebrokerorsalespersontorepresent 31, and act on behalf of the Buyer/Tenant.The broker may represent the Buyer/Tenant only, and notthe Sellaril-andlord, 32, even if he or she is being paid in whole or in part by the Seller /Landlord. A Buyers/Tenant's broker owes to the 33. Buyer/Tenant the fiduciary duties described on page two (2).( 1)The broker must disclose to the, Buyermaterial feet$ 34. as defined in MN Statute 82.68, Subd. 3, of which the broker Is aware that could adversely and significantly affect 35. the Buyers use orenjoyment of the property. (MN Statute 82.68, Subd.3 does not apply torenudifease transactions.) 36. If a broker or salesperson working with a Seller /Landlord as a customer is representing the Buyer/Tenant, he or 37. she must act in the Buyer's/Tenanl's best interest and must tell the Buyer/Tenant any information disclosed to him 38. or her, except confidential Information acquired in a facilitator relationship (see paragraph V on page two (2)). In 39. that case, the Seller/Landlord will not be represented and will not receive advice and counsel from the broker or 40. salesperson. 41. 1 have had the opportunity to review the Notice Regarding Predatory Ottender Information" on OWN) (10190 42. page two. (2) MN:AGCYDICSd (11 /10) Intan&- t rms AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS 43. Page 2 -44. IV. Dual Agency - Broker Representing both Seller /Landlord and Buyerll'enant; Dual agency occurs when one 45. broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same 46, broker each represent a party to the transaction. Dual agency requires the Informed consent of all parties, and 47. means that the broker and salesperson owe the same duties to the Seller/Landlord and the Buyerlrenant. This 48. role limits the level of representation the. broker and salesperson can provide, and prohibits them from acting 49. exclusively forelther party. In a dual agency, confidential informatil on about price, terms and motivation for pursuing 50. a transaction will be kept confidential unless one party Instructs the broker or salesperson in writing to disclose 51. specific information about him or her. Other Information will be shared. Dual agents may not advocate forone party 52. to the detriment of the other.0) 53. Within the limitations described above, dual agents owe to both Seller /Landlord and Buyer/Tenant the fiduciary 54, duties described below.l'r Dual agents must disclose to Buyers material facts as defined in MN Statute 82.68, Subd. 55. 3, of which the broker Is aware that could adversely and significantly affect the Buyers use or enjoyment of the 56. property. (MN Statute 82.68, Subd.3 does not apply to rental/lease, transactions.) 57. V. Facilitator: A broker or salesperson who performs services for a Buyer/Tenant, a Seller /Landlord or both. but 58. does not represent either in a fiduciary capacity as a Buyer'stTenant's Broker, Seller's /Landlord's Broker or Dual 59. Agent. THEFACILITA70RBROKERORSALESPERSONDOESNOTOWEANYPARTYANYOFTHEFIDUCIARY 60. DUTIES LISTED BELOW, EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A 61. WRITTEN FACILITATOR SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of 62. confidentiality to the party but owes no other duty to the party except those duties required by law or contained in 63. a written facilitator services agreement, it any. in the event a facilitator brokeror salesperson working with a Buyer/ 64. Tenant shows a property listed.by the facilitator broker or salesperson, then the facilltator broker or salesperson 65. must act as a Seller's /Landlord's Broker (see paragraph I on page one (1)). In the event a facilitator broker or 66. salesperson, working with a Seller/ Landlord, accepts ashowngof the property byaBuyer /Tsnant being represented 67. by the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Buyer's/Tenant's 68. Broker (see paragraph III on page one (1)), 69. or This disclosure Is required by law in any transaction involving property occupied or Intended to be occupied by 70, one to four families as their residence. 71. The fiduciary duties mentioned above are listed below and have the following meanings: 72. L=ily - broker /salesperson will act only In client(s)' best Interest. 73, Obedience. broker / salesperson will carry out all elient(s)' lawful instructions. 74. Di doc'ra- broker /salesperson will disclose toolient( s) all materal facts ofwhich broker/salesperson has knowledge 75. which might reasonably affect the client(s)' use and enjoyment of the property. 76. Confidentiality - broker /salesperson will keep cllent(s)' confidences unless required by law to disclose specific 77. Information (such as disclosure of material facts to Buyers). 78. Reasgnable Care - broker /salesperson will use reasonable care In performing duties as an agent. 79. Accoun n - broker /salesperson will account to client(s) for all client(s)' money and property received as agent. 80. t3> If Seller(s) /Landlord(s) decide(s) not to agree to a dual agency relationship, Seller(s) /Landlord(s) may give up the 81. opportunity to selNease the property to Buyer(s)/renant(s) represented by the broker/salesperson. If Buyer(s)/ 82. Tenant(s) decide(s) not to agree to a dual agency relationship, Buyer(s)/Tenant(s) may give up the opportunity to 83. purchase /lease properties listed by the broker, 84. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender 85. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be 86, obtained by contacting the local law enforcement offices In the community where the property is located, 87. orthe Minnesota Department of Corrections at( 651 )361- 7200,cr from the Department ofCorrectfonsWebslteat 88. www.con.state.mmus, MR-AGOYD13C2 (11110) � of EXCLUSIVE RIGHT TO SELL LISTING CONTRACT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. m 2011 Minnesota Association of REALTORS®, Edina, MN 1. Date 2. Page 1 of 4 pages 3. DEFINITIONS: This Contract involves the property located at (Multiple Lots - see Attached Addendum A) 4. legally described as (Multiple Lots - See Attached Addendum A) g (Property). 6. Selleris Columbia Heights Economic Development Authority (EDA) (Seller). 7. Broker is Re/Max synerm (Broker). inset Estate Compe ly Name) 8. This Contract starts on , 20 , and ends at 11:59 p.m. on , 9. 20 - . 10. This Contract may only be canceled by written mutual agreement of the parties. 11. PRICE: Seller offers the Property for sale for the price of $ - upon the following 12. terms: FHA, vA, Conventional, Conventional Insured, Caah - (See Attached Addendum A) 13. LISTING: Seller gives Broker the exclusive right to sell the Property. In exchange, Broker agrees to list and market 14. the Property for sale. Broker may place a "For Sale" sign and a lock box with keys on the Property, unless prohibited by 15, governing authority. Seller understands this Contract DOES NOT give Broker authority to rent or manage the Property. 16. Seller understands Broker may be a member of a Multiple Listing Service (MILS), and if Broker is a member of MILS, 17. and where available, Broker may give information to the MILS concerning the Property. Broker may place information 18. on the Internet concerning the Property, including sold information (except as limited in the Internet Display Options 19. Form). If Broker sells the Property, Broker may notify the MLS and member REALTORSO of the price and terms of 20. the sale. Seller acknowledges that neither Broker, the MILS, the Minnesota Association of REALTORS@, nor any other 21. broker is insuring Seller or occupant against theft, loss or vandalism. 22. (Initial) 23. Seller acknowledges that Seller has received and has had the opportunity to review the Internet (Seller) (seller) 24. Display Options Form. 25. LISTED FOR LEASE: The Property ❑ IS Q IS NOT currently listed for lease. If IS, the listing broker is _.._..._._(Check one.J.......... 26. . If IS NOT, Seller Q MAY QX MAY NOT list the Property for lease during the ...........(Check ono.).......... 27, terms of this Contract with another broker. 28. Nothing in this Contract shall prohibit Broker and Seller from entering Into a listing agreement for the lease of this 29. Property upon terms acceptable to both parties. 30. SELLER'S OBLIGATION: Seller shall notify Broker of relevant information Important to the sale of the Property. 31. Seller shall cooperate with Broker In selling the Property. Seller shall promptly inform Broker about all inquiries Seller 32. receives about the Property. Seller agrees to provide and pay for any inspections and reports required by any 33. governmental authority. Seller agrees to provide unit owners' association documents, If required. Seller shall remain 34. responsible for security, maintenance, utilities and insurance during the term of this Contract, and for safekeeping, 35. securing and /or concealing any valuable personal property during Property showings or open houses. Seller shall 36. surrender any abstract of title and a copy of any owner's title insurance policy for this Properly, if in Seller's possession 37. or control, to buyer or buyer's designated title service provider. Seller shall take all actions necessary to convey 38. marketable title by the date of closing as agreed to in a purchase agreement. Seller shall sign all documents necessary 39, to transfer to buyer marketable title to the Property. Seller has the full legal right to sell the Property. MN:ERSLC -1 (8/11) 1mrsran t orms EXCLUSIVE RIGHTTO SELL LISTING CONTRACT 40, Page 2 41. Property located at (Multiple cote - see Attached Addendum A) 42. Seller authorizes Broker, and any other broker authorized by Broker, to preview and show the Property at reasonable 43. times and upon reasonable notice and agrees to commit no act which might tend to obstruct Broker's performance 44. hereunder. If the Property is occupied by someone other than Seller, Seller shall comply with Minnesota law and any 45. applicable lease provisions of an existing lease and provide tenant with proper notice in advance of any Property 46. showing. 47. NOTICE: THE COMPENSATION FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY 48. SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER ANDTHE BROKER'S CLIENT. 49. BROKER'S COMPENSATION: 50. Seller agrees to pay Broker a retainer fee of $ 0.00 at the commencement of this Contract, which 51. fee should be kept by Broker whether or not Seller sells the Property. The retainer fee will apply toward satisfaction of 52. any obligation to compensate Broker. 53. Seller shall pay Broker, as Broker's compensation, is percent ( %) of the selling price or 54. $ whichever is greater, if Seller sells or agrees to sell the Properly during the term of 55, this Contract. 56. Other: Seller agrees to pay Broker a $295 Administrative Compliance Commission at closing 57. In addition, if before this Contract expires Broker presents a buyer who is willing and able to buy the Property at the 58. price and terms required in this Contract, but Seller refuses to sell, Seller shall still pay Broker the same compensation. 59. Seller agrees to pay Broker's compensation whether Broker, Seller or anyone sells the Property. Seller hereby permits 60. Broker to share part of Broker's compensation with other real estate brokers, including brokers representing only the 61. buyer. Seller agrees to pay Broker's compensation in full upon the happening of any of the following events: 62. 1. the closing of the sale; 63. 2. Seller's refusal to close the sale; or 64. 3. Seller's refusal to sell at the price and terms specified above. 65. If, within lee days (not to exceed six (6) months) after the expiration of this Contract, Seller sells or agrees to sell 66. the Property to anyone Who: 67. 1. during this Contract made inquiry of Seller about the Property and Seller did not tell Broker about the inquiry; 68. or 69. 2. during this Contract made an affirmative showing of interest in the Property by responding to an advertisement, 70. or by contacting Broker or the licensee Involved, or was physically shown the Property by Broker and whose 71. name and address is on a written list Brokergives to Seller within 72 hours after the expiration of this Contract; 72. than Seller shall still pay Broker the compensation noted herein, even if Seller sells the Property without Broker's 73. assistance. Seller understands that Seller does not have to pay Broker's compensation If Seller signs another valid 74. listing contract or facilitator services agreement for this Property after the expiration or cancellation of this Contract, 75. under which Seller is obligated to compensate another licensed real estate broker. 76. To secure the payment of Broker's compensation, Seller hereby assigns to Broker the gross proceeds from the sale 77. of the Property in an amount equal to the compensation due to Broker under this Contract. 78. COMPENSATION DISCLOSURE: Broker's compensation to cooperating brokers shall be as specified in the MLS 79. unless Broker notifies Seller otherwise in writing. 80. CLOSING SERVICES: 81. NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING OR ASSISTING SELLER OR REAL ESTATE 82. CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE LAW, MAY NOT EXPRESS 83. OPINIONS REGARDING THE LEGAL EFFECT OFTHE CLOSING DOCUMENTS OR OFTHE CLOSING 84. ITSELF. 85. After a purchase agreement for the Property is signed, arrangements must be made to close the transaction. Seller 86. understands that no one can require Seller to use a particular person In connection with a real estate closing and that 87. Seller may arrange for a qualified closing agent or Seller's attorney to conduct the closing. MN:ERSLC -2 (8/11) a arms EXCLUSIVE RIGHT TO SELL LISTING CONTRACT 88. Page 3 89. Property located at (Multi le rots - sea Attached Addendum A) 90. Seller's choice for closing services. (Initial one.) 91. Seller wishes to have Broker arrange for the closing. (Seller) (Seller) 92. Seller shall arrange for a qualified closing agent or Seller's attorney to conduct the closing. (Seller) (Soifer) 93. ADDITIONAL COSTS: Seller acknowledges that Seller may be required to pay certain closing costs, which may 94, effectively reduce the proceeds from the sale. 95. Seller understands that mortgage financing services are usually paid for by buyer; however, certain insured government 96. loans may require Seller to pay a portion of the fees for the mortgage loan. Seller understands that Seller shall not be 97. required to pay the financing fees on any mortgage without giving Seller's written consent. 98. WARRANTY: There are warranty programs available for some properties which warrant the performance of certain 99. components of a property, which warranty programs Seller may wish to investigate prior to the sale of the Property. 100. AGENCY REPRESENTATION:, If a buyer represented by Broker wishes to buy the Seller's Property, a dual 101. agency will be created. This means that Broker will represent both the Seller and the buyer, and owe the same 102. duties to the buyer that Broker owes to the Seller.This conflict of interest will prohibit Broker from advocating exclusively 103. on the Seller's behalf. Dual agency will limit the level of representation Broker can provide. If a dual agency should arise, 104, the Seller will need to agree that confidential information about price, terms, and motivation will still be kept 105. confidential unless the Seller Instructs Broker in writing to disclose specific information about the Seller. All other 106. information will be shared. Broker cannot act as a dual agent unless both the Seller and the buyer agree to it. By 107. agreeingto a possible dual agency, the Sellerwill be giving up the right to exclusive representation In an in-house transaction. 108. However, if the Seller should decide not to agree to a possible dual agency, and the Seller wants Broker to represent 109. the Seller, the Seller may give up the opportunity to sell the Property to buyers represented by Broker. 110. Seller's Instructions to Broker: 111. Having read and understood this Information about dual agency, Seller now instructs Broker as follows: 112. ❑X Seller will agree to a dual agency representation and will consider offers made by buyers represented by 113. Broker. 114. ❑ Seller will not agree to a dual agency representation and will not consider offers made by buyers represented 115. by Broker. 116. Real Estate Company Name: Re/max synergy 117• Seller:. -._ Columbia Heights EDA 118. By: Seller: (Licensee) 119 Peter Heryla Date: 120. OTHER POTENTIAL SELLERS: Seller understands that Broker may list other properties during the term of this 121. Contract. Seller consents to Broker representing or assisting such other potential sellers before, during and after the 122. expiration of this Contract. 123. PREVIOUS AGENCY RELATIONSHIPS: Broker or licensee representing or assisting Seller may have had a previous 124. agency relationship with a potential buyer of Seller's Property. Seller acknowledges that Seller's Broker or licensee 125, representing or assisting Seller is legally required to keep information regarding the ultimate price and terms the buyer 126, would accept and the motivation for buying confidential, if known. 127. INDEMNIFICATION: Broker will rely on the accuracy of the information Seller provides to Broker. Seller agrees 128. to Indemnify and hold harmless Broker from and against any and all claims, liability, damage or loss arising from any 129. misrepresentation, misstatement, omission of fact or breach of a promise by Seller. Selleragrees to indemnify and hold 130. harmless Broker from any and all claims or liability related to damage or loss to the Property or Its contents, or any 131. injury to persons in connection with the marketing of the Properly. Indemnification by Seller shall not apply if the damage, 132, loss or injury Is the result of the gross negligence or willful misconduct of the Broker. MMERSLC -3 (8111) orms EXCLUSIVE RIGHTTO SELL LISTING CONTRACT 133- Page 4 134. Property located at (multiple Lots - See Attached Addendum A) 135. CERTIFICATION INDIVIDUAL TRANSFEROR: Section 1445 of the Internal Revenue Code provides that a 136. transferee (buyer) of a U.S. real property interest must be notified In writing and must withhold tax if the 137. transferor (Seller) is a foreign person and the sale price exceeds $300,000. In the event transferor (Seller) is a 138. foreign person and the sale price exceeds $300,000, requirements of the 1980 Foreign Investment In Real 139. Property Tax Act (FIRPTA) will be fulfilled. 140. Seller(s) states and acknowledges the following: Seller Is a citizen of the United States or, if a corporation, partnership 141. or other business entity, duly incorporated in the United States or, if a partnership or business entity, formed and 142. governed by the laws of the United States: ®Yes ❑ No 143. If "No;' please state country of citizenship, incorporation or the like: 144. Under the penalties of perjury Seller declares that Seller has examined this certification and, to the best of Seller's 145. knowledge and belief, it is true, correct and complete. 146, FAIR HOUSING NOTICE: Seller understands that Seller shall not refuse to sell, ordfscriminate in the terms, conditions 147. or privileges of sale, to any person due to his /her race, color, creed, religion, national origin, sex, marital status, status 148. with regard to public assistance, handicap (whether physical or mental), sexual orientation or family status. Seller 149, understands further that local ordinances may Include other protected classes. 150. ADDITIONAL NOTICES ANDTERMS: As of this date Seller has not received notices from any municipality, government 151. agency or unit owners' assoclation about the Property that Seller has not told Broker about. Seller agrees to promptly 152. inform Broker, in writing, of any notices of such type that Seller receives during the term of this Contract. 153. This shall serve as Seller's written notice granting Broker permission to obtain mortgage information (e.g., mortgage 154. balance, interest rate, payoff and /or assumption figures) regarding any existing financing on the Property. A copy of 155. this document shall be as valid as the original. 156. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to this 157. transaction constitute valid, binding signatures. 158. CONSENT FOR COMMUNICATION: Seller authorizes Broker and its representatives to contact Seller by mail, phone, 159. fax, e-mail or other means of communication during the term of this Agreement and anytime thereafter. 160. OTHER: see Attached Addendum 8 161. 162. ACCEPTED BY: Re /max synergy BY: (Real Eslale Company Name) (Licensee) Peter Heryla 163, Date Signed: 20 164. ACCEPTED BY: ACCEPTED BY: (Seller) Columbia Heights EDA (Dale) (Seller) (Dale) 165, (Address) 166, (Phone) (Address) (Phone) 167. THIS IS A LEGALLY BINDING CONTRACT BETWEEN SELLER AND BROKER. 168. IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN:ERSLC -4 (8/11) /�star:�r orms / k E / ] \ \j / (/ §oo ]0 / {) \! { §2N k2 //\ ))AA! f k ! k \ 7 « « «< k }\k �5u5 /(ff ff \f 2 §(§7(($§j § \/§ k \ƒ9g ? $ $7§2§;x§ e ;§�G /$2666666 §� §(§§q2J§ / §2§ �(\kk§§§kk§ /k7( k@k z @@ {ƒ2 @ *\■¥�§ 0 )k$)ƒ���(� §) §§7§)) §(k §K§( LONG LEGAL DESCRIPTIONS EXHIBIT A 3853 3`d Street NE LOT 10 & THAT PRT OF LOT 11 BLK E REAR OF BLK E OF COL- UMBIA HEIGHTS ANNEX LYG SLY OF FOL DESC LINE: COM ATA PT 351.1 FT NELY ALG NWLY LINE OF SD LOT 11 FROM MOST WLY COR THEREOF, TH 5 ALG FORMER WLY R/W LINE OF T H NO 56 (NOW KNOWN AS T H NO 47) 85 FT TO POB, TH W AT RT ANG TO NWLY LINE OF SD LOT 11 & THERE TERM EX RD ALSO EX THAT PRT OF SD LOT 11 LYG NWLY OF FOL DESC LINE: BEG AT A PT ON N W LYLI N E OF SD LOT 11177.9 FT NELY OF MOST WLY COR THERE - OF, TH SW LY 165 FT +OR- TO A PT ON SW LY LINE OF SD LOT 11117.3 FT SELY OF SD MOST WLY COR & THERE TERM SUBJ TO EASE OF REC 4303 Reservoir Blvd NE AUDITORS SUBDIVISION OF WALTONS SECOND SUBDIVISION LOT 4 BLK 4 AUD SUB OF WALTONS SEC SUBDIV (SUBJ TO AN EASE TO CITY OF COL HTS FOR WATER MAIN OVER THE ELY 8 FT THEREOF) 3842 Tyler Street NE WALTONS SST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 7, BLK 4, WALTONS 1ST SUB OF RESERVOIR HILLS 3846 Tyler Street NE WALTONS 1ST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 6, BLK 4, WALTONS 1ST SUB OF RESERVOIR HILLS 1309 Circle Terrace NE CIRCLE TERRACE 2ND ADDITION LOT 9 BLK 1 CIRCLE TERRACE 2ND -SUBJ TO UTIL EASE OVER NWLY 5 FT- 4133 2nd Street NE THAT PRT OF LOT 14 BLK 2 REAR OF BLK D COLUMBIA HEIGHTS ANNEX LYG SLY OF N 90 FT THEREOF & LYG WLY OF A LINE DRAWN FROM A PT ON 5 LINE OF N 90 FT OF SO LOT 14 129.6 FT E OF W LINE OF SO LOT 14 TO A PTON N LINE OF LOT 11 SO BLK 2129.6 FT E OF W LINE OF SO LOT 11 SUBJ TO EASE OF REC ADDENDUM B TO EXCLUSIVE RIGHT TO SELL LISTING CONTRACT DATED 2013 1. In negotiating sales of all lots of the Property, Broker will use the form of Purchase and Redevelopment Agreement attached hereto (the "Purchase Agreement "), subject to any modifications approved by Seller's Community Development Director. 2. Broker agrees and understands that Seller's goal is to sell all lots of the Property to builders who will construct single family homes for sale to persons who meet the income limits set forth in the Purchase Agreement. Broker will use its best efforts to market all lots to builders who will, in turn, agree to use their best efforts to sell completed homes to income - qualified buyers. 3. Broker further agrees and understands that builders will be required to construct a home on each lot using one of three models approved by Seller; the specific model for each lot will made with approval of Seller's Community Development Director and will be specified in the Purchase Agreement. One exception to this provision is the lot at 403 Reservoir, for which Broker will consult with Seller and proposed buyer regarding the design and specifications for the house. 4. Acceptance of any offer from a buyer for any lot, will be subject to: (a) Consultation with Seller's Community Development Director as to: purchase price; the size and model of single family home to be constructed; and construction deadlines for the home. (b) Approval of the Purchase Agreement by Seller's board of commissioners. (c) Seller's board of commissioners having held a public hearing regarding the subject lot (which hearing may be held in the aggregate for the entire Property). 4. Broker and Seller agree and understand that Broker intends to work closely with (the `Builder "), which Builder expects to acquire one or more lots and build single family homes for resale to Owner Occupants (as defined in the Purchase Agreement). Broker may sell any or all lots to Builder, provided that nothing in this Agreement is intended to give the Builder any rights under this Agreement, or any rights with respect to any lot, or to preclude sales of lots to any other person or entity. 42iosov2 ROW.® Synergy Administrative Compliance Commission Broker's Administrative Commission Federal, state and local governments continue to put into effect regulations that require written disclosures to help protect and inform sellers and buyers on such issues as lead based paint, agency disclosure, septic disclosures, well disclosures and inspection reports. The regulations that protect sellers and buyers in real estate transactions require that the disclosures be retained and stored by the real estate broker and agents for a designated length of time. As a result, we have substantial additional expenses for printing, distributing, processing, handling and storage of these documents. As a result, it has become necessary to charge an Administrative Compliance Commission of $295.00 to help defray these costs. As a service to our valued customers, if you have a need in the next six years to obtain a copy of a document related to your transaction, we would be happy to provide it for you. Signature bate Signature Date lJri toe fo71 Mffip 6417' IM UVVP) NorthstarMLS • ►' 1 0 •. Disclosures By signing the authorization section below, the Seller acknowledges the following disclosures: 1. The Seller's real estate broker (the Broker) Is a participant in the Regional Multiple Listing Service of Minnesota, Inc. (RMLS). 2. The Seller has authorized the Broker to give the information on this form about the Seller's property to RMLS. 3. All data submitted to RMLS becomes the sole property of RMLS. 4. RMLS assumes no responsibility or liability to the Seller for errors or omissions on this form or in the RMLS computer system. 5. The Broker is required to promptly provide information to RMLS about any change in status or price of the Seller's listing. 6. If the Seller's property is sold, the Broker must report to RMLS the price and terms of the sale. 7. Neither the Seller nor any prospective buyer of the property can alter the Broker's responsibility to report all such data to RMLS by agreement among them. & RMLS shall retain and make available all such data and photographs to all its participants (real estate brokers, appraisers, and affiliated professionals) for an indefinite period. 9. Under no circumstances will RMLS permit data about the Seller's listing to be deleted from RMLS's systems in order to conceal any information, including information that the property was listed for a period of time by another broker or brokers. 10. The Broker's use of RMLS's systems is subject to the duties imposed on the Broker by the rules and regulations of RMLS and by the Code of Ethics of the National Association of REALTORS ®. 11. At the request of the Broker, unless the field called Display Listing on Internet is marked "NO ", RMLS will electronically transmit information about the Seller's property to Internet web sites to aid in marketing the property for sale. 12. At the request of the Broker, unless the field called Display Address on Internet is marked "NO ", RMLS will include the address of the Seller's property in transmissions of data to web sites. Authorization: I have read and understood the disclosures above. I certifv that the information contained on this form is accurate to the best of my knowledge. to The Listing Contract Starts r and ends at 11:59 P.M. on �. r Owner(Signature) _ Owner (type or print) Owner (Signature) r Owner (type or print) I • Real Estate Company Re /Max Synergy r 13 (Agent) Peter Heryla Coppighl2012 Regional Multiple Usling Service of Minnesota, Inc. All rights reserved. Rev 8/12 8/12 'O rMs$ LOTS & LAND 20011 List Number 201 Date Entered 202 Status BLACK BOXES are required,. O Active O Comp Sold except on Comp Sold listings. 204 Listing Office Phone BLACK OVALS are required for 203 Listing Office Name - - Comp Sold listings and all others Re /Max Synergy 651- 785 -7850 WHITE BOXES are not required LUI;A 1 IUN r State _ County Expiration Date Municipality Zip Code 214 Plus 4 Zip Extansion QD Postal City House Number ?17J Street Direction Prefix ONone ON OS ❑E OW ONW ONE OSW OSE :Street Name 220 Street Suffix O Avenue O Boulevard O Circle O Drive O Lane O Parkway O Place O Road O Street O Trail O Terrace O Way O Other 2_19 Street Direction Suffix O None ON 03 LIE O W O NW ONE O SW O SE L21J Fire Number FV�School District Map Page Map Coordinate 225 ComplexlDevelopmenUSubdivision Name Dlrectlons (200 characters available) O Yes O No O Yes O No O Unknown O Yes O No LIZ) I INIJ I List Price List Date Expiration Date Buyer Broker Comp Sub -Agent Comp Facilitator Comp Variable Rate Comp List Office # O Yes ❑ No 9035 List Agent ID # • • List Agent Name 250 Co -List Agent ID # 251 Co -List Agent Name 506001452 List Agent Phone # Peter Heryla 253 Co-Llst Agent Phone # 254 Appointment Phone (enter 000 -000 -0000 if BookAShowing only) 612 -965 -8546 Development Status (choose only one) • Raw Land O Site Plan Approved O Finished Lot O Other • Site Plan Filed - O Subdivided . List Type (choose only one) • Exclusive Right O Exclusive Right with Exclusions O Service Agreement O Exclusive Agency O Exclusive Agency with Exclusions O Other ME In Foreclosure 02 Lendar Owned Potential Short Sale r Owner is an Agent -❑ Yes O No O Not Disclosed O Yes O No O Not Disclosed D Yes O No O Not Disclosed O Yes O No Auction 2621 Auction Type (choose only one, required if auction) O Yes O No O Absolute 0 Minimum Bid O Reserve - 263 Auctioneer License # (required if auction) 264 Buyer's Premium (if auction) O Yes O No Copyright 2012 Regional Mulllpls Listing Service of Minnesota, Inc. All rights reserved. Rev. 0112 �0 rM Address MULTI -LOT DEVELOPMENT to Development Ill these fields re wired: (multiple lots included in this listing) 3o ots Alahle 302 Minimum Price 303 Maximum Price Q Yes U No 304 Minimum Acres 305 Maximum Acres Page 3 of 6 t Display Listing on Internet Display Address on Internet AttOW Auto vamauvu • ��••��••• •••••• -••• ❑Yes ❑ No Q Yes ❑ No Display Yes ❑ No ®Yes ❑ No FINANCIAL 01 Association Fee 321 Association Fee Frequency (required if there is an Association fee) Left Dimensions Q Yearly U Quarterly Q Monthly Q Other 322 Association Fee Includes (required if there is an Association Fee) U Heating Q Hazard Insurance Q Security Staff Q Shared Amenities U Air Conditioning U Electric U Security System Q Other Q Sanitation Q Cable TV Q Professional Management U None • Snow /Lawn Care U Water /Sewer Q Dock • Outside Maintenance U Building Exterior U Beach Access 323 AasOClatlen MgIIt Co. Name (required if there is an Association) 324 Assoc Mgmt Co. phone # (required if there is an Associaten) Insurance Fee (if separate from Association Fee) 3261 Insurance Fee Frequency (required if there is an Insurance Fee) ❑ Well ❑Pond Q Other U Yearly Q Quarterly U Monthly U Other Terms (seller will accept) Q FHA Cl Conventional Q Adj, Rate /Gr. Payment U Cash - Q FHA Rehab 203k Q Rural Development Q Contract For Deed U Contract/Deed w /Assumption U DVA Q Assumable Q Special Funding U Other LAND I c Front Dimensions Left Dimensions Rear Dimensions Dimensions FLand 335 Minim um Lot Size 336 Pasture Acres 337 Tillable Acres ed Acres 339 Agricultural Water ❑ Well ❑Pond Q Other Inclusions • Survey Q Easements Q Soil Test Available Q For Sale Sign • Survey Stakes U Abstract Q Perk Test Q Other • Platted Q Torrens U Topographic Map Q None • Available Utilities U Electric U Sewer U Telephone Q Other U Natural Gas U Storm Sewer Q Cable TV U None Q Water --- On -Site Utilities _ • Electric Q Sewer Q Telephone U Other • Natural Gas U Storm Sewer Q Cable TV U None • Water • • Improvements Q Curbs Q Unimproved Streets O Storm Sewer U Other Q Paved Streets Q Sidewalks U Fence Q None Copyright 2012 Regional Mutliple Listing service of Minnesota, Inc. All rights reserved. Rev. 0/12 ms Address U Easements U Rentals Not Permitted Q Right of First Refusal Q Horses/LivestockAllowed LOTS & LAND Q Architecture Committee Q Minimum Lot Size U Unspecified U Other Building Restrictions U Other Covenants U Other U Land Leased U Mandatory Owner's U None U Flood Plain Association Q Rolling U Solar Oriented Q Residential - Single Family Q Industrial Q Level U Flood Plain Q Residential - Multi - Family Q Lot Q Sloped Q Walkout • Yes w/ NO Qualifying Q Bus /Commercial Q Shoreline U Hilly U Ravine Q Agriculture Q Other Cl Low Land U Other Q Other Q None Q Wheat Q High Ground 412 Existing Financing (choose only one) U Open • Limited • Closed OPTIONAL PROPERTY INFORMATION Page 4 of 6 to these Builders of tlmlloc or Gosoc Bartclu ResIddlon), NOTE: Mt. space far listing BullEer names ONLY. Copyright 2012 Regional Multiple Listing service of Minnesota, Inc. All rlghls reserved. Rev. 0/12 ir1-5 1 r arms 410 Assumable • Not Assumable Q Yes w/ Qual. (approval) Q Yes w/ Rate Change U Information Coming • Yes w/ NO Qualifying -. 411 Crop Type Q Corn Q Hay /Alfalfa Q Other Q None Q Wheat Q Beans 412 Existing Financing (choose only one) Q FHA Q Conventional Q ARM /GPM Q Special Funding Q FHA Rehab 2031k Q Rural Development Q Contract for Deed U Free and Clear Q OVA 413 Farm Type U Hobby Q Dairy U Beef Q Other U Crop Q Horse Q Tree Q None , 414 Fencing Q Wood Q Chain Link Q Invisible U Other U Wire Q Fall Q Full Q None Q Electric Q Privacy Q Partial 416 Lot Description • Irregular Lot U Tree Coverage- Medium Q Zero Lot Line U On Golf Course • Corner Lot U Tree Coverage -Heavy Q City Bus (w /in six Mike) Q Sod Included in Price • Tree Coverage -Light Q Additional Land Available U No T.C. Metro Phone Q Other L17J Out Buildings U Stables Q Barn Q Hen House Q Bunk House • Indoor Arena Q Silo Q Storage Shed Q Guest House • Additional Garage U Machine Shed Q Dog Kennel U Other • Shop U Grain Bin Q Gazebo U Pole Building Q Hog House Q Boat House 418 Road Frontage • Private U State Q Paved Streets U Curbs • City Q US Highway Q Unpaved Streets U Sidewalks • Township Q Interstate Q Unimproved U None U County U Cull De Sac Q No Outlel/Dead End Q Other 419 Soil Type Q Send Q Loam Q Clay Q Other Copyright 2012 Regional Multiple Listing service of Minnesota, Inc. All rlghls reserved. Rev. 0/12 ir1-5 1 r arms • r Address WATERFRONT INFORMATION Page 6 of 6 5001 LakeMaterfront • Lake Front ❑ Lake View ❑ Creek/Stream Q Association Access • River Front ❑ River View O Dock ❑ Shared • Deeded Access ❑ Pond ❑ Channel Shore ❑ Other 501 LakelWaterfront Name 502 Waterfront Frontage (feet) - 503 DNR Lake ID # 504 Lake Acres 505 Lake Depth (feet) 15071 Lake Chain Acreage 508 Road Btwn WF & Home? Yes O No 509 Elevation Highpoint to Waterfront Slope ❑ Gradual ❑ Level ❑ Steep 510 Elevation Highpoint to Waterfront Feet ❑ 0 -4 010-15 ❑ 26 -40 ❑ 40+ El 4 -10 ❑ 15 -26 _ g1l Lake Bottom ❑ Gravel ❑ Sand ❑ Undeveloped 0 Wetland O Hard Cl Excellent Sand ❑ Weeds 0 Rocky ❑ Soft ❑ Reeds 512 Waterfront view ❑ Bay ❑ Harbor ❑ River O South • City Lights C1 Lake ❑ See Remarks Q East • Golf Course O Panoramic ❑ North U West _ REMARKS Agent Remarks (generally foragent to agent communication Public Remarks (additional property information - do NOT include contact information, or marketing or promotional messages made on behalf of the listing broker, seller or third art Financial Remarks (generally for agent to agent communication regarding financial information - do NOT include contact information, or marketing or promotional messages) Copyright 2012 Regional Multiple Listing Service of Minnesota, Inc. Ali rights reserved. Rev. 8112 'f rms G 1 JkM - &A C-44W 10T .? s 11ir") INTERNET DISPLAY OPTIONS This form approved by the Minnesota Association of REALTORSO, which disclaims any hablllly arising out of use or misuse of this form,. ®2011 Minnesota Association of REALTORS", Edina, MN 1. Page 1 2. This form Is Seller's/Owner's instructions pertaining to the Internet display of the MLS input data for the property 3. located at , 4. City of , County of , State of Minnesota: 5. Listing Contract dated , 20 . 6. EXPLANATIONS AND DEFINITIONS 7. "IDX site" means a web site operated by a broker participating in the MLS on which the broker can advertise the 8, listings of other brokers in MLS, subject to certain MLS rulas. The consumer visiting an IDX site is not required to 9. register on the site or to have a brokerage relationship with the broker displaying listings on the site. 10. "Virtual office web site (VOW)" means awab site operated by a broker participating Inthe MLS that delivem brokerage 11. services to consumers over the world wide web, Visitors to a VOW are required to register on the site (with their name 12. and a real e-mail address) and enter a brokerage relationship with the broker operating the VOW.The broker operating 13. the VOW can then show the visiting customer /client nearly all of the Information available to the broker in MLS. The 14. seller(s) /owner(s) of a listing have the right toopi out of certain kinds of data display under the MLS's VOW policy. The 15. MLS Imposes various other rules and restrictions on VOWs. 16. option 1. Listing display on the lntemet. 17. If Seller /Owner selects "No;' this listing will notbe included in MLS data feeds to Internet web sites 18. that display property listing data, whether intended for advertising the property or providing online 19. brokerage services (e.g., VOWs). Brokers participating In MLS oanstllldlsclose the listing to customers/ 20. clients via other means, including e-mail, fax, mail, hand delivery and orally. 21. Option 2. Listing address (house and unit numbers and street name) display on the Internet. 22. If Seller /Owner selects "No," the address of the property will be hidden on web sites 23, receiving data feeds from MLS that result In Internet listing display, whether intended for advertising 24, the property or providing online brokerage services (e.g., VOWs). Brokers participating in MLS can 25. still disclose the address to customers /clients via other means, including e-mail, fax, mall, hand 26. delivery and orally. 27. Option S. An automated valuation of the property listing or a link to an automated valuation of It may 28. be displayed adjacent to the listing. 29. Some VOWS or IDX sites may provide an automated valuation model (AVM) function /service. An 30. AVM uses statistical calculations to estimate the value of a property based upon data from public 31. records, MLS and othersourees and Incorporating certain assumpllons.The accuracy of AVMs has 32, sometimes been criticized because they do nottake Into consideration all relevant factors in valuing 33. a property. Seller /Owner, by selecting "No;' may prohibit display of an automated valuation of his or 34. her listing adjacentto the listing. 35. Option 4. Comments or reviews of the property by persons other than the displaying broker may be 36, displayed with or attached as a link to the listing data of the property. 37. Some VOWs or IDX sites may provide functionality that permits the customers /clients using the 38. VOW or IDX site to enter comments or reviews of the listed properties. If "No" is selected, a VOW 39. or IDX site may not display comments or reviews with the listing or by hyperlink to such comments 40. or reviews. Note that the broker displaying the listing on his or her VOW or IDX site may add 41. commentary representing his or her professional judgment regarding the listing's value, etc. MN:100•1(e /11) �Orin$ 43. For the property located at 44. City of County of INTERNET DISPLAY OPTIONS 42, Page 2 , State of Minnesota. 45. For each option below, the MLS system automatically defaults to" Yes. "See page one (1) for definitions and explanations 46, of these options, 47. Option 1. Shall the property listing be displayed on the Internet, including sold information? ©Yes ❑ No 48. Seller /Owner understands and acknowledges that if Seller /Owner has selected 'No" for Option 1, 49. consumers who conduct searches for listings onihe Internet will not see Information about the listed 60, property in response to their searches. 51, if "No" was selected at Option 1, skip Options 2.4 and sign below. If "Yes" was selected for Option 1, continue 52. to Option 2. 53. Option 2, Shall the listing address (house and unit numbers and street name) be 54. displayed on the Internet? ©Yes ❑ No 55. 56. 57. 58. 59. 60. Option 3. Shall an automatic valuation of the property listfng or a link loan automated valuation be displayed adjacent to the listing? Option 4, Shall comments or reviews of the property by persons other than the displaying broker be displayed with or attached as a link to the listing data of the property? (Seuneeovmers signature) MN:100.2 (8111) (Date) (sellere/owneet Signature) ❑Yes © No ❑Yes ONO (Date) r orms� SELLER'S DISCLOSURE ALTERNATIVES This form approved by the Minnesota Association of REALTORS°, which disclaims any liability arising out of use or misuse of this form, © 2012 Minnesota Association of REALTORS°, Edina, MN 1. Date 2. Page 1 of 4 pages 3. Property located at (Multiple Lete - see Attached Addendum A) 4. City of Columbia Haiahts County of Anoka State of Minnesota. 5. NOTICE: Sellers of residential property, with limited exceptions, are obligated to satisfy the requirements of MN Statutes 6, 513.52 through 513.60. To comply with the statute, Seller must provide either a written disclosure to the 7. prospective Buyer (see Seller's Property Disclosure Statement) or satisfy one of the following two options: 6. (Select one option only.) 9. 1) ❑ QUALIFIED THIRD -PARTY INSPECTION: Seller shall provide to prospective Buyer a written report that 10. discloses material information relating to the real property that has been prepared by a qualified third party. 11. "Qualified third party" means a federal, state or local governmental agency, or any person whom Seller or 12. prospective Buyer reasonably believes has the expertise necessary to meet the industry standards of practice 13. for the type of inspection or Investigation that has been conducted by the third party in order to prepare the 14, written report. 15. Sellershall disclose to prospective Buyer materialfacts known by Seller that contradict any Information 16. that is Included In a written report, or material facts known by Seller that are not Included in the 17. report. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29, 30. 31. 32. The inspection report was prepared by and dated ,20 Seller discloses to Buyer the following material facts known by Seller that contradict any information included in the above referenced inspection report. Seller discloses to Buyer the following material facts known by Seller that are not included In the above referenced inspection report. 33. 2) X❑ WAIVER: The written disclosure required maybe waived if Seller and prospective Buyer agree in writing. Seller 34. and Buyer hereby waive the written disclosure required under MN Statutes 513.52 through 513.60. 35. NOTE: It both Seller and prospective Buyer agree, in writing, to waive the written disclosure required under 36. MN Statutes 513.52 through 513.60, Seller is not obligated to disclose ANY material facts of which Seller 37. is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property or any 38. intended use of the property, other than those disclosure requirements created by any other law. Seller is 39, not obligated to update Buyer on any changes made to material facts of which Seller is aware that could 40. adversely and significantly affect the Buyer's use or enjoyment of the property or any intended use of the 41. property that occur, other than those disclosure requirements created by any other law. 42. Waiver of the disclosure required under MN Statutes 513.52 through 513.60 does not waive, limit or 43. abridge any obligation for Seller disclosure created by any other law. MN:SDA -1 (10/12) /gstat o tir SELLER'S DISCLOSURE ALTERNATIVES 44. Page 2 45. Property located at (Multiple Lots - See Attached Addendum A) , 46. OTHER REQUIRED DISCLOSURES: 47. NOTE: In addition to electing one of the above alternatives to the material fact disclosure; Minnesota law also 48. requires sellers to provide other disclosures to prospective buyers, such as those disclosures listed below. 49. Additionally, there may be other required disclosures by federal, state, local or other governmental entities 50. that are not listed below. 51. A. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 52. disclosure is required by MN Statute 115.55.) (Check appropriate box.) 53. Seiler certifies that Seller ❑ DOES ❑ DOES NOT know of a subsurface sewage treatment system on or serving _............. (check one.)---------- - 54. the above- doscribed real property. (If answer is DOES, and the system does not require a state permit, see 55. Subsurface Sewage Treatment System Disclosure Statement.) 56. ❑ There is a subsurface sewage treatment system on or serving the above - described real property. 57. (See Subsurface Sewage Treatment System Disclosure Statement.) 58. ❑ There is an abandoned subsurface sewage treatment system on the above - described real property. 59. (See Subsurface Sewage Treatment System Disclosure Statement.) 60, B. PRIVATE WELL DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 1031.235.) 61. (Check appropriate box.) 62. X❑ Seller certifies that Seller does not know of any wells on the above - described real property. 63. ❑ Seller certifies there are one or more wells located on the above - described real property. 64. (See Well Disclosure Statement) 65. Are there any wells serving the above - described property that are not located on the property? [-]Yes ❑ No 66. 67. 68. Contaminated Well: Is there a well on or serving the property that contains contaminated water? ❑Yes ❑ No To your knowledge, is the property in a Special Well Construction Area? ❑Yes [:]No Comments: 69. C. VALUATION EXCLUSION DISCLOSURE: (Required by MN Statute 273.11, Subd.16) 70. There ❑ IS ❑IS NOT an exclusion from market value for home improvements on this property. Any valuation -- .....(Chock oneJ� ------- 71. exclusion shall terminateupon sale oftheproperty, and the property's estimated marketvalue forproperly tax purposes 72. shall increase. If a valuation exclusion exists, Buyers are encouraged to look Into the resulting tax 73. consequences. 74. 75. Additional comments: 76. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 77. (A methamphetamine production disclosure is required by MN Statute 152.0275, Subd.2 (m).) 78. ❑X Seller is not aware of any methamphetamine production that has occurred on the property. 79. ❑ Seller is aware that methamphetamine production has occurred on the property. 80. (See Methamphetamine Production Disclosure Statement.) 81. E. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The property maybe in or near an airport safety zone 82. with zoning regulations adopted by the governing body that may affect the property. Such zoning regulations are 83. filed with the county recorder in each county where the zoned area Is located. If you would like to determine if such 84, zoning regulations affect the property, you should contact the county recorder where the zoned area is located. MN:SDA -2 (10/12) ��orms� SELLER'S DISCLOSURE ALTERNATIVES 85. Page 3 86. Property located at fMUltlple Lote - See Attached Addendum A) , 87, F. NOTICE REGARDING CARBON MONOXIDE DETECTORS: 88. MN Statute 299F.51 requires Carbon Monoxide Detectors to be located within ten (10) feet from all sleeping 89. rooms. Carbon Monoxide Detectors may or may not be personal property and may or may not be included in the 90. sale of the home. 91. G. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water intrusion 92. affect many homes. Water intrusion may occur from exterior moisture entering the home and /or interior moisture 93. leaving the home.. 94. Examples of exterior moisture sources may be 95. • improper flashing around windows and doors, 96. • Improper grading, 97. • flooding, 98. roof leaks. 99. Examples of interior moisture sources may be 100. • plumbing leaks, 101. + condensation (caused by indoor humidity that Is too high or surfaces that are too cold), 102. overflow from tubs, sinks or toilets, 103. • firewood stored Indoors, 104. humidifier use, 105. • inadequate venting of kitchen and bath humidity, 106. • improper venting of clothes dryer exhaust outdoors (including electrical dryers), 107. line - drying laundry indoors, 108. houseplants- watering them can generate large amounts of moisture. 109. In addition to the possible structural damage water intrusion may do to the property, water intrusion may also result 110. in the growth of mold, mildew and other fungi. Mold growth may also cause structural damage to the property. 111. Therefore, it is very important to detect and remediate water intrusion problems. 112. Fungi are present everywhere in ourenvironment, both indoorsand outdoors. Many molds are beneficial to humans. 113. However, molds have the ability to produce mycotoxins that may have a potential to cause serious health problems, 114. particularly in some immunocompromised Individuals and people who have asthma or allergies to mold. 115. To complicate matters, mold growth is often difficult to detect, as it frequently grows within the wall structure. If you 116, have a concern about water intrusion or the resulting mold /mildew /fungi growth, you may want to consider having 117. the property inspected for moisture problems before entering into a purchase agreement or as a condition of your 118. purchase agreement. Such an analysis is particularly advisable If you observe staining or any musty odors on the 119. property. 120. For additional information about water intrusion, Indoor air quality, moisture or mold issues, please view the 121. Minnesota Association of REALTORS® Desktop Reference Guide at www.mnrealtor.com. 122. H. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 123. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 124. may be obtained by contacting the local law enforcement offices in the community where the property is 125. located orthe Minnesota Department of Corrections at (651) 361 -7200, orfrom the Department of Corrections 126. web site at www.corr.state.mn.us. 127. 1. ADDITIONAL REQUIRED DISCLOSURES (e.g.,clty, municipal, county): 128. 129. 130. 131. 132. MN:SDA•3 (10112) �tpYamB SELLER'S DISCLOSURE ALTERNATIVES 133. Page 4 134. J. SELLER'S STATEMENT: 135. (To be signed at time of listing.) 136. Seller(s) hereby authorizes any licensee(s) representing or assisting any party(les) in this transaction to provide 137. a copy of this Disclosure to any person or entity in connection with any actual or anticipated sale of the property. 138. (Seller) (Date) (Seller) (once) 139. K. BUYER'S ACKNOWLEDGEMENT: - 140. (To be signed at time of purchase agreement.) 141. I/We, the Buyer(s) of the property, acknowledge receipt of this SELLER'S DISCLOSURE ALTERNATIVES form 142. and agree to the seller's disclosure option selected in this form. I/We further agree that no representations regarding 143. material facts have been made, other than those made in this form. 144. (OUYOq (Date) (Buyer) (Date) 145. L. SELLER'S ACKNOWLEDGEMENT: 146. (To be signed at time of purchase agreement.) 147. AS OF THE DATE BELOW, I /we, the Sellers) of the property, state that the material facts are the same, except 148. for changes as indicated below, which have been signed and dated. 149. 150. 151. 152. 153. 154. 155. (Sailor) 156. 157. MN:SDA -4 (10/12) (Data) (Seller) LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE PROPERTY. (Date) I�ormsg Estimated Seller's Proceeds Seller: Columbia Heights Economic Development Authority (EDA) Address: Scattered Lot Sites Columbia Heights, MN 55421 Selling Expense Professional Service Fee 10.0% Closing Fee Discount Points Abstract Continuation Documentary Stamps ($3.30/$1000) AHS Home Warranty Truth -in -Sale of Housing Septic Certification Water Test Work Orders Recording Fees Miscellaneous Closing Cost Additional Selling Expenses Administrative Compliance Commission Conservation Fee Total Selling Expense Balance Mortgages /Assessments/Taxes /Other 1 st Mortgage Payoff $35,00 0 Interest Adjustment 0.00% (Conventional =1, FHA =2) 270 2nd Mortgage 0 Interest Adjustment 0.00% Unpaid Improvements or Assessments Taxes for 2013 Other Total Mortgage /Assessmentsfraxes /Other Cash to Seller (estimate) By: Date: Sellers: Date: $5,000 $35,00 0 500 3500 270 270 0 0 300 300 17 116 0 0 150 150 295 295 5 5 ($1,537) ($4,636) $3,464 $30,365 Prorated Prorated $3,464 $30,366 Team Pete 8 John - Re /Max Synergy - 651- 785 -7850 3/26/2013 The above figures are estimates only and much of the information contained herein has been repeated to Re /Max Synergy by financial institutions, state and local government aulhorltle% and various other sources normally considered to be reliable. Such information, however, may be subject to changes and /or undisclosed errors or omissions in recording or reporting. Re /Max Synergy, therefore, cannot and does not guarantee or warranty the accuracy or completeness of such Information. PURCHASE AND REDEVELOPMENT AGREEMENT 1. Parties. This Purchase Agreement is made as of , 20_ between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota having its office located at 590 40Tr1 Avenue NE, Columbia Heights, MN (the "Seller "), and (the "Buyer "). 2. Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally described as follows (the "Property "): INSERT LEGAL DESCRIPTION 3. Price and Terms. The price for the Property is which Buyer shall pay as follows: Earnest money of by check, receipt of which is hereby acknowledged by Seller, and the balance of to be paid by certified check on the Date of Closing. The "Date of Closing" shall be , or such other earlier or later date as the parties mutually agree. 4. Personal Property Included in Sale. There are no items of personal property or fixtures owned by Seller and currently located on the Property for purposes of this sale. 5. Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title to the Property to Buyer, in substantially the form attached as Exhibit A (the "Deed "). 6. Real Estate Taxes and Special Assessments. The parties agree and understand that the Property is exempt from real estate taxes for taxes payable in the current year. Seller 1 4210090 CL205 -49 shall pay on Date of Closing all special assessments levied against the Property as of the date of this agreement, including those certified for payment with taxes due and payable in 20. [Insert if true: Seller represents that there are no special assessments pending as of the date of this agreement.] If a special assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer may, as Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the Property; or B. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or C. Declare this agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 7. Closing Costs and Related Items. The Seller shall be responsible for the following costs: (a) recording fees and conservation fees for all instruments required to establish marketable title in Seller; (b) deed transfer taxes and conservation fees required to be paid in correction with the Deed be given by Seller; and (c) Seller's broker fees. Buyer shall be responsible for the payment of the following costs: (d) recording fees required to be paid in connection with the Deed to be given by Seller; (e) the cost of the registered property abstract or updated abstract, or in the absence of an abstract, the cost of the premium for an owner's policy of title insurance, and (f) closing fee, if any. Each party shall be responsible for its own attorneys' fees and costs. 8. Sewer and Water. Seller warrants that city sewer is available at the Property line, and that city water is available in the right of way adjacent to the Property. Seller makes no warranty regarding the conditions of any existing water stub from the main to the Property line. Seller advises Buyer to inspect the condition of the water stub. 9. Condition of Property. Buyer acknowledge that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the dwelling described in section 14 below. If the soil is determined to be unacceptable the Buyer may rescind this agreement by written notice to the Seller, in which case the agreement shall be null and void and all earnest money paid hereunder shall be refunded to the Buyer. Seller makes no warranties as to the condition of the Property. 10. Marketability of Title. As soon as reasonably practicable after the date of this Agreement, Seller shall fiunish to Buyer a registered property abstract or an updated abstract of title to the Property, certified to date to include proper searches covering bankruptcies, state and federal judgment and liens. In the absence of an abstract of title, the Seller will provide a title commitment and title insurance. Buyer shall have fifteen 2 4210090 CL205 -49 (15) business days after receipt of the abstract or title commitment to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have the greater of (i) the number of days remaining until the Date of Closing or (ii) thirty (30) days to have such objections removed or satisfied. 11. Title Clearance and Remedies. If Seller shall fail to have title objections timely removed, the Buyer may, at its sole election: (a) terminate this Agreement without any liability on its part; in which event the earnest money shall be promptly refunded in exchange for a quit claim deed to the Property from Buyer; or (b) take title to the Property subject to such objections. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: A. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; B. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: C. Seek damages from Seller including costs and reasonable attorney's fees; D. Seek specific performance within six months after such right of action arises. 12. Well Disclosure. Seller certifies that Seller does not know of any wells on the Property. 13. Individual Sewage Treatment System Disclosure. Seller certifies that there is no individual sewage treatment system on or serving the Property. 14. Construction and Sale of Dwelling. Buyer agrees that it will construct a new single family dwelling on the Property, intended for sale to a person or persons for residential occupancy (an "Owner Occupant "). This covenant shall survive the delivery of the Deed. A. The single family dwelling described in this Section is referred to as the "Minimum Improvements." B. The Minimum Improvements shall consist of a house with approximately square feet, bedrooms, and shall be constructed substantially in accordance with the general plans for Model _ on file in City Hall. cI 4210090 CL205 -49 Construction of the Minimum Improvements must be substantially completed by 20 . Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of Columbia Heights building official. C. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Buyer to construct such Minimum Improvements (including the date for completion thereof), the Seller will furnish the Buyer with a Certificate of Completion for such improvements. Such certification by the Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof. The certificate provided for in this Section 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 Seller shall refuse or fail to provide any certification in accordance with the provisions of this Section, the Seller shall, within thirty (30) days after written request by the Buyer, provide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Minimum 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 Seller for the Buyer to take or perform in order to obtain such certification. D. The Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum hmprovements: (1) Except for any sale to an Owner Occupant, the Buyer 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 lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer "), without the prior written approval of the Seller's board of commissioners. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Buyer or any successor in interest to the Property, or any part thereof, to construct the Minimum Improvements or component thereof. (2) If the Buyer seeks to effect a Transfer to any person or entity other than an Owner Occupant prior to issuance of the Certificate of Completion, the Seller shall be entitled to require as conditions to such Transfer that: 11 4210090 CL205 -49 (i) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer as to the portion of the Property to be transferred; and (ii) Any proposed transferee, by instrument in writing satisfactory to the Seller and in form recordable in the public land records of Anoka County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Seller, have expressly assumed all of the obligations of the Buyer under this Agreement as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Buyer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Seller) deprive the Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that the Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by the Seller to the contrary, no such transfer or approval by the Seller thereof shall be deemed to relieve the Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subsection B. shall be in a form reasonably satisfactory to the Seller. (3) If the conditions described in paragraph (2) above are satisfied then the Transfer will be approved and the Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (3) apply to all subsequent transferors. G 4210090 CL205 -49 (4) Upon issuance of the Certificate of Completion, the Buyer may Transfer the Property and /or the Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of the Seller [, except to the extent required under paragraph F of this Section]. E. The Buyer, and its successors and assigns, agree that they (a) will use the Minimum Improvements only as a single family dwelling, and in the case of an Owner Occupant, will occupy the Property as a residence, (b) will not rent the Property to any person or entity, (c) will not seek exemption from real estate taxes on the Property under State law, and (d) will not transfer or permit transfer of the Property to any entity whose ownership or operation of the Property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of Columbia Heights or Seller in accordance with this Agreement). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Improvements, and shall remain in effect for years after the Date of Closing. IfProperty is subject to affordability convents, add the following: F. The Buyer shall convey the Property (either before or after issuance of the Certificate of Completion) only to an Owner Occupant whose household income does not exceed (a) 100% of median income in the case of one or two person household Owner Occupants, or (b) 115% of median income in the case of three or more person Owner Occupants. The term "median income" means the median income in the seven - county metropolitan area, or the State as a whole, whichever is greater, using income data available from the Minnesota Housing Finance Agency as of the date of closing on sale to the Owner Occupant. Prior to closing on sale the Property by Buyer to an Owner Occupant, Buyer shall submit to Seller evidence of Owner Occupants income in a form satisfactory to Seller, evidencing compliance with this paragraph. The covenant in this Section applies only to the first sale of the Property to an Owner Occupant, and does not apply to any subsequent sale by an Owner Occupant to any other person or party. 15. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or ally part thereof to the Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the Minimum Improvements, the Buyer, subject to Unavoidable Delays (as hereafter defined), fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from the Seller to the Buyer to do so, then the Seller shall have the right to re -enter and take possession of the Property and to terminate (and revest in the Seller) the estate conveyed by the Deed to the Buyer, it being the intent of this provision, together with other provisions of the Agreement, 6 4210090 C1.205 -49 that the conveyance of the Property to the Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Buyer and failure on the part of the Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the Seller at its option may declare a termination in favor of the Seller of the title, and of all the rights and interests in and to the Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer, and any assigns or successors in interest to and in the Property, shall revert to the Seller, but only if the events stated in this Section have not been cured within the time periods provided above. Notwithstanding anything to the contrary contained in this Section, the Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond the reasonable control of the Buyer as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation conunenced 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 Seller in exercising its rights under this Agreement) which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under this section of this Agreement. 16. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the Seller of title to and /or possession of the Property or any part thereof as provided in Section 16, the Seller shall apply the purchase price paid by the Buyer under Section 4 of this Agreement as follows: (a) First, to reimburse the Seller for all costs and expenses incurred by the Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the Seller from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by the Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in the Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum 7 4210090 CL205 -49 Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the Seller by the Buyer and its successor or transferee; and (b) Second, to reimburse the Buyer for the balance of the purchase price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to the Buyer upon delivery of an executed, recordable warranty deed to the Property by the Buyer to the Seller. 17. Time is of the essence for all provisions of this contract. 18. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address shown at paragraph I above and, if mailed, are effective as of the date of mailing. 19. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. 20. Specific Performance. This Agreement may be specifically enforced by the parties, provided that an action is brought within one year of the date of alleged breach of this Agreement. 21. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or Buyer 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. 22. No Merger of Representations, Warranties. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 23. Recording. This Agreement shall be filed of record with the Anoka County Registrar of Titles or Office of Recorder, as the case may be. Buyer shall pay all recording costs. 4210090 CL205 -49 In witness of the foregoing, the parties have executed this agreement on the year and date written above. SELLER: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its President STATE OF MINNESOTA COUNTY OF ANOKA } ss. By: Its Executive Director The foregoing was acknowledged before me this day of 20 , by and the President and Executive Director of Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. S -1 4210090 CL205 -49 BUYER: in STATE OF MINNESOTA } ss. COUNTY OF ANOKA The foregoing was acknowledged before me this . the on behalf of the This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza Minneapolis, MN 55402 S -2 4210090 CL205 -49 of day of 20_, by a Minnesota EXHIBIT A to PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF QUIT CLAIM DEED THIS INDENTURE, between the Columbia Heights Economic Development Authority, a Minnesota, a public body corporate and politic (the "Grantor "), and , a Minnesota (the "Grantee "). WITNESSETH, that Grantor, in consideration of the sum of $ and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Anoka and State of Minnesota described as follows, to -wit (such tract or parcel of land is hereinafter referred to as the "Property "): To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging. SECTION 1 It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on the of , 20, identified as "Purchase and Redevelopment Agreement' (hereafter referred to as the "Agreement ") and that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any applicable development program and applicable provisions of the zoning ordinance of the City of Columbia Heights, Minnesota, or for the refinancing of the same. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements A -1 4210090 CL205 -49 and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum 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 Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Minimum 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 Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. The Grantee's rights and interest in the Property are subject to the terms and conditions of Sections 14A, 14B and 15 of the Agreement relating to the Grantor's right to re -enter and revest in Grantor title to the Property under conditions specified therein, including but not limited to termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. SECTION 3 The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with Section 14E of the Agreement for a period of years after the date hereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land for the respective terms herein provided, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants provided herein, both for and in its own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants A -2 4210090 CI205 -49 shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall not have any right to re -enter the Property or revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its obligations under this Section 3. Grantor certifies that it does not know of any wells on the Property. A -3 4210090 CL205 -49 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director and has caused its corporate seal to be hereunto affixed this day of 20 COLUMBIA HEIGI -ITS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ) On this day of 20, before me, a notary public within and for County, personally appeared and to me personally known who by me duly sworn, did say that they are the President and Executive Director of the Columbia Heights Economic Development Authority (the "Authority ") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed on behalf of said Authority pursuant to a resolution of its governing body; and said and acknowledged said instrument to be the free act and deed of said Authority. Notary Public This instrument was drafted by: Kennedy & Graven, Charted (SJB) 470 U.S. Bank Plaza Minneapolis, MN 55402 A -4 4210090 CL205 -49 EXHIBIT B To PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority, a public body, corporate and politic (the "Grantor "), conveyed land in Anoka County, Minnesota to , a (the "Grantee "), by a Deed recorded in the Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County of Anoka and State of Minnesota, as Document Numbers and respectively; and WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Sections 14A and 14B of the Agreement (as described in said Deed) have been performed by the Grantee therein, and the County Recorder [and the Registrar of Titles] in and for the County of Anoka and State of Minnesota are hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of Sections 14A and 14B of the Agreement and the covenants and restrictions set forth in Sections 1 and 2 of said Deed; provided that the covenants set forth in Sections 14E of the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period stated thereon. Dated: _ 20 B -1 4210090 CL205 -49 COLUMBIA HEIGHTS ECONOMIC DEVELOPMEN AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 20_, by and , the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, on behalf of the authority. Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza Minneapolis, MN 55402 (612) 337 -9300 B -2 4210090 CL205 -49 388 Cleveland Avenue SW, New Brighton, MN 55112 (651) 633 -8611 Office / (651) 633 -8859 Fax City of Columbia Heights Economic Development Authority 590 40 "' Ave NE Columbia Heights, MN 55421 TimberCraft would like to thank you for considering us to re- develop miscellaneous lots within Columbia Heights. We look forward to working with ReMax Synergy and the City on this project. We have had a preliminary meeting with Scott Clark and Sheila Cartney, to address some questions we have had. At that meeting we let them know that TimberCraft has developed over 50 units of this "In Fill" type housing in the City of Minneapolis, over the last 15 years. Below is a list of some of the houses we have done in South Minneapolis, that you may want to drive by to see our work. We look forward to continuing the discussion, on April 1, 2013. 3930 31s` Ave S, Minneapolis, MN 3938 31" Ave S, Minneapolis, MN 3942 31'` Ave S, Minneapolis, MN 2632 E 35`h Street, Minneapolis, MN 2634 E 35t1 Street, Minneapolis, MN 2642 E 35th Street, Minneapolis, MN 2716 E 36`h Street, Minneapolis, MN 2724 E 36 "' Street, Minneapolis, MN 2726 E 36 "' Street, Minneapolis, MN 3012 E 39 "' Street, Minneapolis, MN 3018 E 39 "' Street, Minneapolis, MN 3020 E 39`h Street, Minneapolis, MN 3113 E 40 "' Street, Minneapolis, MN 3115 E 40`h Street, Minneapolis, MN 3114 E 41" Street, Minneapolis, MN 3116 E 41" Street, Minneapolis, MN 3118 E 41s' Street, Minneapolis, MN Sincerelyur 7 PeterJ. wski,C GR County ors timbercraftremodeling.com AVyd w MN ID #BCO02624 "tntDLRS ASSOCIATION www.builderhouseplans. corn http: / /www.builderhouseplans. coin/private- porcli -and- walk -in- closet -fo... House Plans #HWBD076068: Porch and Closet for the Master Suite! Quick Facts 1.164 Sq. Ft. Stories: 2 Beds: 3 Baths: 2 / baths: 1 Width: 23 Depth: 34 House Plans Pricing CAD $2500.00 PDF $600.00 Blueprints - 8 sets $720.00 Blueprints - 5 sets $675.00 I of 4 3/27/2013 4:09 PM www.builderhousepl an s. coin I KITCHEN 10X:1,2 a Iwo 7 http: / /www.bui lderhousep lan s. coin /private - porch- and - walk -in- closet -fo... PORCH 19X7 PORCH DINING 12x9 LIVING 14X12 2 of 4 3/27/2013 4:09 PM www.builderhouseplans.com 3of4 http: / /www.bu ilderliouseplans.com /private - porch - and - walk -in- closet -fo... 3/27/2013 4:09 PM www.builderhouseplans.com 1 of http:/ /www. bui lderhousep lans.con3/ beautiful - efficient -atid- practical /pi... Complete Plan Information House Style Country, Craftsman, Traditional, Bungalow. Foundation Type Crawlspace MASTER UEOROOM -' House Plans Pricing CAD $2500.00 PDF $600.00 Blueprints - 8 sets $720.00 Blueprints - 5 sets $675.00 IiEUIt(tOM 2, KI�ICMN DINIP16 Illz 11.E �t lO 1(1[11 BEDROOM 3 BM m.0 i LIVING ki. It hOHrH n 3/27/2013 3:39 PM MASTER BEDR{aOM 13x11 w_ I _.o BEDROOM 12CHEN, � 10x10 i X BEDROOM .3 10 x 12 1 a I4 N {N 10x14 i i LIVING 13 x 14 PORCH 1 of 1 3/25/2013 92: