HomeMy WebLinkAbout2016-2756.06CONTRACT NO: 2016-006
CONTRACT DATE, 01/04116
PURCHASE AND REDEVELOPMENT AGREEMENT
4618 Polk Street NE, Columbia Heights, Minnesota
1. Parties, This Purchase and Redevelopment Agreement is made as of
I
nu&41 +4 , 2016, between the COLUMBIA HEIGHTS ECONOMIC
DEVELO MENT AUTHORITY, a public body corporate and politic under the laws of
Minnesota having its office located at 590 40TH Avenue NE, Columbia Heights, MN (the
Seller"), and TOLLBERG HOMES, LLC, a Minnesota limited liability company,
having its principal office at 1428 5"' Avenue, Anoka, NIN 55303 (the "Buyer") (the
Agreement").
2. Offer/Acc,eptanice. Buyer offers to purchase and Seller agrees to sell real property in
Anoka County, Minnesota, legally described as follows (the "Property"):
Lot 11, and the North 10 feet of Lot 12, Block 2, Sheffield's Second Subdivision.
Chl eck here ifparl or all of'the land is Registered (Torrens) El
3. Acceptance Deadline. This offer to purchase, unless accepted sooner, shall be null and
void at 4:30 p.m. on January 18, 2016 , which is 14 days after Seller authorized the sale.
4. Price and Terms. The price for the Property is $22,500.00 ( "Purchase Price") which
Buyer shall pay as follows: earnest money of $2,000 by check, receipt of which is hereby
acknowledged by Seller. The balance of the Purchase Price must be paid by certified
check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than
July 15, 2016.
5. 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,
6. 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, subject to the
473282v1CL205-61
conditions subsequent required by Sections, 15, 16, and 17 of this Agreement (the
4'Deed"),
7. Real Estate Taxes and Special Assessments,
A. Seller shall pay, at or before closing all real estate taxes due and payable in 2015 and
prior years. Seller warrants that the Property is classified as Exempt for real estate
taxes due and payable in 2016,
B. Seller 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 in
2016. 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:
I Assume payment of the pending special assessment without adjustment to
the purchase agreement price of the property; or
2. 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
3. Declare this agreement null and void by notice to Seller, and earnest
money shall be refunded to Buyer.
8. Closing Costs and Related Items. The Buyer will pay: (a) the closing fees charged by the
title insurance or other closing agent, if any, utilized to close the transaction
contemplated by this Agreement; (b) fees for title: evidence obtained by Buyer; (c) the
recording fees for this Agreement and for the Deed transferring title to Buyer. Seller will
pay all other fees normally paid by sellers, including (a) any transfer taxes, and Well
Disclosure fees required to enable Buyer to record its deed from Seller under this
Agreement, and (b) fees and charges related to the filing ofany instrument required to make
title marketable. Each party shall pay its own attorney fees,
9. 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.
10, Condition of Property. Buyer acknowledges 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
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4732822 I CL205-61
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.
11. Marketability of Title. As soon as reasonably possible after execution of this
Agreement by both parties:
a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy
for the property,, if in Seller's possession or control, to Buyer or to Buyer's designated
title service provider; and
b) Buyer shall obtain the title evidence dete!n-nined necessary or desirable by Buyer.
The Buyer shall have 20 days from the date it receives such title evidence to raise any
objections to title it may have. Objections not made within such time will be deemed
waived. The Seller, shall have 90 days from the date of such objection to affect a cure;
provided, however, that Seller shall have no obligation to cure any objections, and may
inform Buyer of such. The Buyer may then elect to close notwithstanding the uncured
objections or declare this Agreement null and void, and the parties will thereby be
released from any further obligation hereunder.
12, 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;
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473282v1 CL205-61
D, Seek specific performance within six months after such right of action arises.
13. Well Disclosure. Seller's knowledge of wells is as follows:
121 'The Seller certifies that the Seller does not know of any wells on the described
real property.
0 A well disclosure certificate accompanies this document,
0 1 am familiar with the property described in this instrument and I certify that the
status and number of wells on the Property have not changed since the last
previously filed well disclosure certificate,
14. Individual Sewage Treatment System Disclosure. Seller certifies that there is no
individual sewage treatment system on or serving the Property,
15. 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 new single family dwelling, and
shall be constructed substantially in accordance with the Single Family Home Lot
Sales Program Guidelines on file at City Hall and the proposal approved by Seller
on December 7, 2015, attached hereto as Exhibit B.
C, Construction of the Minimum Improvements must be substantially completed
within one year from the Date of Closing, Construction will be considered
substantially complete when the final certificate of occupancy has been issued by
the City of Columbia Heights building official.
D. 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, in the form attached hereto as Exhibit C, 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
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473282vl CL,205-61
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,
E. The Buyer represents, and agrees that until issuance of the Certificate of Completion
for the Minimum Improvements:
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:
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
473282vt CL205-61
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 E, 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.
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.
F. 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 ten
years after the Date of Closing.
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473282vl C1,205-61
16. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to
Buyer. In the event that subsequent to conveyance of the Property or any 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,
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 ofthe 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 commenced by third parties which, by injunction or
other similar judicial action, directly results in delays, or acts of any federal, state or local
governmental unit (other than the 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.
17. 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
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473282v1 CL205.61
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
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,
18. Time is of the essence for all provisions of this contract.
1.9. 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.
20. Minnesota Law. ]"'his contract shall be governed by the laws of the State of Minnesota.
21. 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,
22. 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.
23. 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,
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473282v] C1,205-61
24. 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.
25. No Broker Involved. The Seller and represent and warrant to each other that there is no
broker involved in this transaction with whom it has negotiated or to whom it has agreed to
pay a broker commission, Buyer agrees to indemnify Seller for any and all claims for
brokerage commissions or finders' fees in connection with negotiations for purchase: of the
Property arising out of any alleged agreement or commitment or negotiation by Buyer, and
Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or
finders" fees in connection with negotiations for purchase of the Property arising out of any
alleged agreement or commitment or negotiation by Seller.
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: By:
Its President Its Executive Director
NVAIVING10,1111 • I
I ss.
The foregoing was acknowledged before me this day of _ 2016, 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.
MEMIGM
9
473282YI CL205-61
Un
STATE OF MrNNESOTA
ss.
The foregoing was ackaiowledged before me this _M.. day of 2016, , by W eJade
Tollefson, the President and Chief Manager of Tollberg Homes, LLC, a Minnesota limited
liability company,, on behalf of the limited liability company,
Notary Public,
Kennedy & Graven, Chartered
470 US, Bank Plaza
200 So. 6h Street
lis, MN 55402
10
473282vl CL205-61
EXHIBIT A
to
PURCHASE AND REDEVELOPMENT AGREEMENT
Deed Tax Due: S
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 S 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"):
Check here ifpart or all ofthe land is Registered (Torrens) 0'
To have and to hold the same, together with all the hereditarrients, 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,
473282v1 CL205-61
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
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 15, 16 and 17 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 15F of the Agreement for a period of ten 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.
473282vi CL205-61
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
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 revert in the
Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its
obligations under this Section 3.
IN WITNESS Wl--IEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director, this m m day of.. , 20 .
0' The Seller certifies that the Seller
does not know of any wells on the
described real property,
rl A well disclosure certificate
accompanies this document or has
been electronically filed. (if
electronically filed, insert WDC
number:
I am familiar with the property
described in this instrument and I
certify that the status and number of
wells on the described real property
have not changed since the last
previously filed well disclosure
certificate.
4732820 CL205-61
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA
ss
COUNTY OF ANOKA
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 said instrument was signed 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.
This instrument was drafted by:
Kennedy & Graven, Charted
470 U.S., Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612) 337-9300
473282vt CL205-61
Notary Public
Tax Statements should be sent to:
C
Iff
473282vt CL2,05.61
63-
Community Development Department
590 40th Avenue NE
Columbia Heights, MNB 55421
i'rO OSW Tor Economic Meiop-irleni
5 Lots, • Polk S,t, NE and I lot on Tyler S:t, NE
4:606 Polk St. Ni 4636 Polk St. NE
4600 Polk St, NE 4648 Polk St. NE
4618 Polk St. NE 4641 Tyler St. NE
Tollberg Homes LLC is an Anoka builder specializing in the construction of
homes from $189,,000 to $499,0100. Tollberg Homes is located at 1428 5th
Avenue, Anoka, MN 55303, Tollberg Homes builds approximately 50 homes
each year. Tollberg Homes LLC is an award winning builder. Tollberg Homes
has not only won the Home Award in North Dakota in 21015, but has recently won
a 2015 Reggie Award in Minnesota.. We currently have models and are building
in Blaine, Anoka, Crystal, Coon Rapids and Lino Lakes. If you would like to visit
our models we certainly can provide addresses and lock box numbers. We have
financial strength to purchase these six lots and close on them when ready and
to construct on all five lots. A commitment letter can be provided upon request.
Tollberg Homes LLC is a specialist in building in inner communities. We would
refer you to Mr. Erik Thorvig, Economic Development Manager in Anoka as a
reference as Tollberg Homes LLC has just purchased, constructed and sold four
houses on lots purchased from the Economic Development Administration of
Anoka in 2015. You will see enclosed recent pictures of these houses. We would
also like to refer you to the Economic Development Manager in Crystal where
Tollberg Homes LLC has in 2015 purchased, built and sold three houses in
Crystal; you will also find enclosed recent pictures of these houses. In addition
please refer to the Economic Development Manager in Coon Rapids where
Tollberg Homes LLC has purchased, built and sold a house in 2015 in Coon
Rapids. A recent picture is enclosed.
It is our intent to construct on all 6 properties in Columbia Heights, as quickly as
possible. We have a full time realtor that sells for Tollberg Homes exclusively.
We would hope to purchase the land and close as time and weather permits,
120 days is our normal completion time frame to construct a home so we
anticipate that we will have the first two houses buOt and sold within the first six
months from purchase. We would then start the next two. Again with the 120
day construction period, we would' think that these two properties would be
finished by summer of 2016. At that time Tollberg Homes would close, and
construct the final two properties, By the late summer of 2016 ToNberg Homes
would have purchased, closed and built on all 6 lots,
Enclosed you will find Tollberg Homes LLC offer as well as a sample biluiepirint
and a sample of specifications for the houses we intend to build,
It is Tollberg's intention to finish the complete upper level and to male
compliance with the EDA guidelines will finish one bedroom and onee bathroom in
the lower level. The reason is that it is imperative for us (or anybody) to be able
to compete with the current structure of pricing of other properties, in the
neighborhood. Please note that this is a mixed use area with lower priced:
properties and apartment buildings as the neighbors. The potential houses to be
built (have to stay within reason of the current pricing or they would be unable to
be sold'. It would be unrealistic for anyone to think that the final purchase price of
the new houses would exceed $199,000. In order for ToNberg (or anyone else)
to produce properties in that price range these covenants and lot prices
described in our offer have to be met. We strongly encourage you to consider
this offer. We have a track record with Economic Development Authorities, and
can perform.
We thank you for the opportunity to offer a proposal on these lots and would
request that if you have any questions , please feel free to contact the
undersigned.
Very, truly yours,
Wade Tollefson
President
Tollberg Homes LLC
Cell: 612-804-9988
TOLLAEAG New Home Spec Sheet
Job Address:
Legal, i
Buyer Information: Miodel
Tuy n 2 lqarn LiEL15v2i
Buyer Agent Info.,
Plan Info:
SpPit level
Basement: ZLookout I]WaPko t OFull Utilities:
Garage: ORight 11 Left ZCity Water/Sewer OWeN/Septic
DRural Water/Septic
By signing below (or by electronic approval on BuilderTrend), Buyer approves and accepts specifications
as written, These specifications supersede finish notes on the house plans UNLESS Tollberg Homes has
specificaNy added red line notes to the plan. Any change to these specifications is subject to $150
Change Order fee in addition to the cost of the change. A requested change is not guaranteed until a
signed Change Order is on file. Buyer is aware that any item discussed between Buyer and Builder, or
representative, of the Builder, that Ihas not been detailed on the approved House plans, Spec Sheet, or
Change Order will not be included in construction. it is the responsibility of the Buyer to check and
confirm that all desired changes have been detailed on the House plans, Spec Sheet, or Change Order.
Buyer; Dote.,
rExterlor Finish.-
Windows, ZWinyl_gother Color: OWNte CTan
SGrids, in glass (front only)
Front Door., ZSix panel steel, painted DFiberglass, Craftsman style, sta
Garage Service Door: CYes SNo Exterior Hardware Color; 05atirNickel Cother
Gorage,Doors,, gStandard Panel [J0ther:.T&.(z0) Insulated with Liner. C_JYes S- No
00ne Opener (double stall) OWireless. keypad
Shingles: CD'Architectural 03 Tab Gutters. E)Yes ONO
Siding. OVinyl: DFiber Cement 0Front Only Shakes: OViny6 CNber Cement
Soffit/Foscio: SAlurninum Columns, C)Miratei:Wrap [Cedar E:Stone iase/lvl'iraiW
Stone., q Front, per plan
Deck: —7-Yes ONO
Notes: Framing 2ft OC
SL550 OSL75D [:End Wall OCorner Cintenor DDog House 7'RuOi hearth _Raised hearth
WCalowerDRernote _Ceramic tole face OStonetornantel CW" to cO n g Z! Wood manfle__
Notes Nnlesl
HVAC.
Gasllnes 0Dryer IDRange CCooktop OPurnace ONreplace ElGarage Heater OWateT Heater
venthllq. ZiDryer 08athfans ClRangeriood Micro I AirExchanger: ZYes SNo
4utnldlfier. Yes ONO GasServfce: ONaturalGas CLIP
Notes.,
FiKtures; OStandard Package CAllowance[let ) I MosterShower: XFiberglass .-ICera
WaterHeater., 05O Gai Electric 0 SCI Gal Powervent
m actoge FloorDrain., DYes Z No
19 Garbage Disposal 0,1ceMakerline 05pdnWer6ne E)WetOar ZLaundrVTub 05urnpPurnp S-
Tile
Basket
Appliances: es:
ZStandard Package CAllowance; i 5 J
Lotes. [Notes)
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473282v1 CL205 -61
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 CountyofAnokaandStateofMinnesota, as Document Numbers and
respectively;
I=
WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections I
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
14E 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 15A and 15E of the Agreement and the covenants and restrictions set
forth in Sections I and 2 of said Deed; provided that the covenants set forth in Sections 15F of
the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period
stated thereon.
Dated: 1 20_.
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
473282v] CL205.61
STATE OF MWNESOTA )
ss
COUNTY OF ANN
0
The foregoing instrument was acknowledged before me this day of
2 by - and , the President and Executive
Director, respectively, of Columbia Heights Economic Develop meat Authority, on behalf of
the authority.
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
Minneapolis, MN 55402
612) 337-9300
473282vi C1,205•61