HomeMy WebLinkAbout2016-2756.07CONTRACT NO: 2016-007
PURCHASE AND REDEVELOPMENT AGREEMENT
4636 Polk Street NE, Columbia Heights, Minnesota
I. Parties. This Purchase and Redevelopment Agreen-cnt is made as mA 7A
2016, between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY, a public body corporate and politic under the laws, of Mirmesota having itsofficelocatedat590401" Avenue NE, Colombia Heights, MN (the "Seller'), and
TOLLBERG HOMES, LLC, a Minnesota lirnited liability company, having its principal office at14285'h Avenue, Anoka, MN 55303 (the "Buyer') (the "Agreerrtent),
2. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property in Anoka
County, Minnesota, legally described as follows (the "Property"):
Lot Five (5), except the North thirty-five (35) feet thereof all of Lot Six (6), and the
North One-halfof Lot Seven (7), in Block 2, Sheffield's Second Subdivision.
Check here i0art or all (?fthe land is Registered (Torren, i 0
3. Acceptance Deadline. This ofler to purchase, unless accepted sooner, shall be null and void
at 4:30 p.m on March 21, 2016 , which is 14 days after Seller authorized the sale,
4. Price and Terms. The price for the Property is $18,500.00 ("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,
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6. Deed'. Upon Perfonnance by Buyer, ' Seller shall deliver a, quit claim deed conveyiig title to tilePropertytoBuyer, in substantially the fonn attached as Exhibit A, subject to the conditions
subsequent required by Sections 15, 16, and 17 of this Agreement (the "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. Seger warrants that the Property is classified as Exempt lbr real estate
taxes due and payable in 2016,
B. Seger shall pay on Date of Closing all special assessments levied against the Property asofthedateofthisagreement, including those certified for payment in 2016. Seger
represents that there are no special assessn-cnts pending as of the date of this
agreement. If a special assessment becomes pending after the date of this agreement
and before the Date ofClosing, Buyer may, as Buyer*s option:
Assume payment of the pending special assessment without adjustment to the
purchase agreernent price ofthe property, or
2. Require Seller to pay the pending special assessment and Buyer shall pay a
comn-&nsurate increase in the purchase price of the Property, which increase
shall be the same as the estimated amount ofthe assessment; or
3. Declare this agreement null and void by notice to Seller, and earnest moneyshallberefundedtoBuyer,
81. Closing Costs and Related Items. 71-he Buyer will pay: (a) the closing fees charged by thetitleinsuranceorotherclosingagent, if any, utilized to close the transaction
conternplated by this Agreement; (b) fees for title evidence obtained by Buyer, (c) the recordingfeesforthisAgreementandfortheDeedtransfen* title to Buyer. Seller will pay all other fees
nonmily paid by sellers, including (a) any transfer taxes, and Well Disclosure fees required to
enable Buyer to record As deed fi-om Seller under this Agreen-&nt, and (b) fees and charges
related to the ft of any instrument required to make title marketable, Each party shall pay itsownattorneyfbes,
9. Sewer and Water. Seller warrants that city sewer is available at the Property line, and that citywaterisavailableintherightofwayadjacenttotheProperty. Seller makes no warrantyregardingtheconditionsofanyexistingwaterstubli-orn the main to the Property line, Seller
advises Buyer to inspect the condition ofthe water stub,
10. Condition of Property. Buyer acknowledges that they have inspected or [lave 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 ofdetennining ifthe soil is suitable
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for construction of the dwelling described in section 14 below, Ifthe soil is determined to be
unacceptable the Buyer may rescind this agreerrient 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.
11. Marketability of Title. As soon as reasonably possible after execution ofthis Agreement bybothparties:
a) Seller shall Surrender any abstract oftitle 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 determined 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 fin-ther 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 Agreen-mit without any liability on
its part; in which event the earnest money shall be promptly refunded in exchange for a quit
cla . irn 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 ofthe
agreements herein, Seller may elect either ofthe following options, as enTfttedby law: p
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 attorneys fees, as permitted by law.
If title is marketable, or is made marketable as provided herein, and Seller defaults In any ofthe
agreements herein, Buyer may, as permitted by law:
C, Seek damages from Seller including costs and reasonable attorneys fi es;
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D. Seek specific, perf6nnance within six nx)nths after such right of action arises.
13,. Well Disclosure. Seller's knowledge of wells is as follows:
2 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.
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 A will construct a new sinO)e fairrily
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 farnify dwelling described in this Section is referred to as the "Minimurn
Improvements,"
B. The Minimum Improvements shall consist of a new single fair* dwelling, and shall be
constructed substantially in accordance with the Single Family Home Lot Sales Prograrn
Guidelines on file at City Hall and the proposal approved by Seller on Decernber 7,
2015, attached hereto as Exhibit B.
C. Construction of the Mirtfirrurnimprovernents must be substantially completed within one
year from the Date of Closing. Construction will be considered substantially cornplete
when the firm] certificate of occupancy has been issued by the City ofColumbia Heights
building official
D. Promptly after substantial completion oftire Nfinimum In,4)rovements in accordance with
those provisions of the Agreement relating solely to the obligations of the Buyer to
construct such Minirnurn 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, f6r 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 ofthe 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 Mirthrum. Improvements and the dates for completion thereof
The certificate provided for in this Section ofthis Agreement shall be in such form as will
enable A to be recorded in the proper office for the recordation of deeds and other
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instruments pertaining to the Property If the Seller shall refitse 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 h-pprovcments 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 ofthe
Seller for the Buyer to take or perform in order to obtain such certification.
E. The Buyer represents and agrees that until issuance ofthe Certificate ofCornpletion 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 forrn 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 f6r, the pin-pose 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
Irnprovements 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 EM the obligations undertaken in this Agreement by the Buyer as
to the portion ofthe Property to be transferred; and
ii) Any proposed transferee, by instrument in writing satisfactory to
the Seller and in foam recordable in the public land records of Anoka County,
Minnesota, shall, for itself and As successors and assigns, and expressly for the
benefit of the Seller, have expressly assun-&d all ofthe obligations ofthe Buyer
under this Agreen-&nt 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
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Minimum Improvements or any part thereofor the construction of the Minimuin
Improvements, it being the intent of the parties as expressed in this Agreement
that (to the fifflest extent permitted at law and in equity and excepting only in the
manner and to the extent specifically provided otherwise in this Agreement) no
trartsf r o or change with respect to, ownership in the Property or any part
thereof; or any interest therein, however corLsunmiated 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 ofits obligations with respect thereto.
iii) Any and all instruments and other legal documents involved in
effecting the transfier of any interest in this Agreement or the Property governed
by this subsection E. shall be in a form reasonably satisffictory 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 fi-orn its obligation under this
Agreement, as to the portion of the Property that is transferred, assigned, or otherwise
conveyed. The provisions ofthis paragraph (3) apply to all subsequent transferors.
4) Upon issuance ofthe 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 Minimurn
Improvenwnts only as a single farnily dwelling, and in the case of an Owner Occupant,
will occupy the Property as a residence, (b) will not rent die 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 frown
real estate taxes under State law (other than any portion thereofdedicated or conveyed
to the City of Columbia Heights or Seller in accordance with this Agreement). The
covenants in this paragraph run "ith the land, survive both delivery of the Deed
and issuance of the Certificate of Con4)letion for the Minimuna Improvements,
and shall rernain in effect for ten years after the Date of Closing.
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
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Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the MmiliMM11
In-iprovenients, the Buyer, subject to Unavoidable Delays (as hereafter defined), fitiLs to carry
out its obligations with respect to the construction of the Miriiniurii Improvements (including the
nature and the date for the completion thereof),, or abandons or substantially suspends
construction work, and any such Mure, abandonment, or suspension shall not be cured, ended,
or remedied within thirty (30) days after written demand frorn 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 pail of the Buyer to rernedy, end, or abrogate such default within the period and in die
immer 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 theBuyer, and any assigns or successors
in interest to and in the Property, shall revert to the Seiler, 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" nvans delays beyond the
reasonable control of the Buyer as a result thereof which are the direct result of striles, other
labor troubles, prolonged adverse weather or acts ofGod, fire or other casualty to the Minimum
Improvements, litigation cornmenced by third parties which,, by injunction or other sirnilar
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
governiiiental approvals necessary to enable construction ofthe Minimurn Improvements by the
dates such construction is required wider this section of this Agreement,
17. Resale of Reacquired Property; DispositjoH of Proceeds. Upon the revesting in the Seller
oftitle to and/or possession of the Property or any pail 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 hn*cd to proportionate salaries ofpersonnel, 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 pail thereof in connection with such management); all
taxes, assessirients, 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
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Charge during the period ofownership thereofby the Seller, an aim utht, ifpaid, equal to
such taxes, assessments, or charges (as determined by the Seller assessing official) as
would have been payable ifthe Property were not so exempt); any payrnents nhade or
necessary to be wade 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 fi-om attaching or being made any subsequent encumbrances or hens due to
obligations, defaults or acts ofthe Buyer, its successors or transferees; any expenditures
made or obligations incurred with respect to the making or completion of the Mininhum
linproverrients 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 ofthe pwvbase 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 provis ions of this contract.
19. Notices. All notices required herein shall be in writing and delivered personally or mailed to the
address shown at paragraph I above and, ifmailed, are effective as of the date ofmailing.
20. MinnesotaLaNv This contract shall be governed lay the laws ofthe State ofMinnesota.
21. Specific Performance. This Agreement may be specifically ent6rce,d by the patties, provided
that an action is brought within one year ofthe date ofalleged breach of this Agreement.
22. No Remedy Exclusive. No remedy herein conterred 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 tight 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
closin& and the parties shall be bound accordingly.
24. Recording. This Agreement shall be filed of record with the Anoka County Registrar ofTitles
or Office of Recorder, as the case may be. Buyer shall pay all recording costs,
25. No Broker Involved. 'Flre Seller and represent and warrant to each other that there is no
broker involved in this transaction with whom A has negotiated or to whom it has agreed to pay
473277v2 (1,205-57
a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage
coninissiorLs 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 cornn-issions or fuiders" fees in connection
with negotiations for purchase of the Property arising out of any alleged agreement or
cornrnitment or negotiation by Seller.
In witness of the foregoing, the parties have executed this agrees e- nt on the year and date
written above.
M
STATE OF MINNESOTA
ss.
COUNTY OF ANOKA
0 8 1.,
Its Executive Director
6 4
The foregoing was acknowled led efore jw this 2_ day of IWCA 2016, by
and 4-)J/ the President and Executive Director of
Co is Heights Economic Development Authority, a public body corporate and politic under the
laws of Minnesota, on behalfof the public body corporate and politic,
Notary Public
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47327'7v2 (1,205-57
BUYER: Tollberg Homes, LLC
By:
0
I ss.
COUNTY OF ANOKA
The foregoing was acknowledged before me this day of 2016, by Wade
Tollefson, the President and Chief Manager of ToUberg homes, LLC, a Minnesota ffinited liability
conipany, on behalfofthe limited liability conpany.
A
v— b
I '
cNotaryI
IThis doctur&nt drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 So. 6t" Street
Minneapolis, MN 55402
10
473277v2 (1,205-57
y ; , ,
III li II I IM' , I *_ 11 i ,
to
PURCHASE AND REDEVELOPMENT AGREEMENT
Deed Tax Due: $
I
THIS INDENTURE, between the Columbia Heights Economic Development Authority, a
Minnesota, a public body corporate and politic (the "Grantor), and a Minnesota
the "Grantee').
WFI"N ES SETH, that Grantor, in consideration of the sum of and other good and
valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaini and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land
lying and being in the County ofAnoka and State ofMinnesota described as follows, W-Wit (Such tract
or parcel ofland is hereinafter referred to as the "Property'):
Check here %fpart or all of'the land is Registered (Torrens) 0
To have and to hold the same, together with all the hereditaments and appurtenances thereunto
belonging.
SECTION I
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" (hereatter
referred to as the "Agreernent"), and that the Grantee shall not convey this Property, or any part thereof
except as permitted by the Agreement, until a certificate ofcompletion releasing the Grantee thorn certain
obligations of said Agreement as to this Property or such pail thereof then to be conveyed, has been
placed of record, This provision, however, shall in no way prevent the Grantee fi•orn mortgaging this
Property in order to obtain Jun& f6r the purchase of the Property hereby conveyed or for erecting the
Minirnw-n Improvernents thereon (as defined in the Agreement) in conformity with the Agreement, any
applicable development prop-am and applicable provisions of the zoning ordinance of the City of
Colurnbia Heights, Minnesota, or for the refinancing ofthe 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 Minimurn Improvements
thereon, as provided in the Agreement.
473277v2 C1,205-57
Prorrp&y after completion of the Minirrun Improvements in accordance with the provisions of
the Agreement, the Grantor will finTish 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 f6r the beginning and completion thereof Such certification and
such determination shall not constitute evidence of compliance with or satisfaction ofany obligation of
the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance
the purchase ofthe 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 ofTitles, Anoka County, Minnesota, Ifthe Grantor shall refuse
or fail to provide any such certification in. accordance with the provisions of the Agreement and this
Deed, the Grantor shalt 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 ofthe Grantor, for the Grantee to
take or perform in order to obtain such certification
SECTION 2,
I"he 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 ffirihed 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 terrils 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.
473277v2 ('1.205,57
In an-tplification, and not in restriction of; the provisions of the preceding section, it is intended
and agreed that the Grantor shall be deer a beneficiary of the agreements and covenants provided
herein, both f6r and in its own right, and also for the purposes of protecting the interest of the
cotimiunity 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 th-re been, remains, or is an owner ofany
land or interest therein to, or in favor o which such agreements and covenants relate. The Grantor shall
have the rio, it, 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 ofagreernent or covenant, to which it or any other beneficiaries, of
such agreement or covenant n-my 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 ofGrantee's failure
to comply with its obligations under this Section 3.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf
by its President and Executive Director, this _ day of" -----120
The Seller certifies that the Seller does
not know of any wells on the described
real property.
1:1 A well disclosure certificate
accompanies this docunient or has been
electronically filed. (If electronically
filed, insert WDC number;
1 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.
473277v2 (1205-57
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director.
STATE OF MINN ESOTA )
ss
COLJNTY OTC AN OKA
On this . ....... . day of 20 beforeore e, 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 instrmnent to be the free
act and deed ofsaid Authority,
This instrurrient was drafted by:
Kennedy & Graven, Charted
470 U.S. Bank Plaza
200 South Sixth Street
Mimeapolis, MN 55402
612) 337-9300
473277v2 CI-205-57
Notary Public
Tax Statements should be sent to:
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473277v2 CL205-57
i it
cc#
473277),,2 C1,205-57
WHEREAS, the Colurribia 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 ofAnoka and State of Minnesota, as
Document Numbers and . . . .............. _-, respectively;
and
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 A is able in a
inanner deemed sufficient by the Grantor to permit the execution and recording ofthis certification;
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and rnade by the Grantee have been conipleted 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 insmu-nent, to be a
conclusive determination ofthe satisfactory terixmination of the covenants and conditions of Sections 15A
and 15B ofthe Agreement and the covenants and restrictions set Forth in Sections I and 2 ofsaid Deed-,
provided that the covenants set forth in Sections, 15F of the Agreement, and in Section 3 of the Deed,
remain in fitil force and effect throuo, i the period stated thereon.
Dated: 20
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
473277x2 C1,205 -5 7
STATE OF MINNESOTA
ss
COUNTY OF ANOKA
Ilie tbregoing itistrummi. was, acknowledged before me this day of
20—, by . ..... _ and the President and Executive
Director, respectively, of the Colutribia Heights Econon c Development Authority, on behalf of the
authority.
Notary Public
This document drafted by:
KENNEDY &GRAVEN, CHARTERED
470 U.S. Bank Pla;m
Minneapolis, MN 55402
612) 337-9300
473277v2 C1.205-57