HomeMy WebLinkAbout2017-2833.10CONTRACT NO: 2017-010
CONTRACT DATE. 12/04/17
PURCHASE AND REDEVELOPMENT AGREEMENT
4641 Polk Street NE, Columbia fleiglits, Minnesota
1. Parties. This Purchase and Redevelopirient A, ;reement is made as of December 4, 2017,
between the COLUMBIA I-fElGl-fTS ECONOMIC DEVELOPMENT AUTHORITY, a
public body corporate and politic under the laws ofMinnesota having its office located at. 590 40 FH Avenue NE, Columbia Heights, MN (the -'Seller"),, and HOME DETAIL,
INC., a Minnesota corporation, having its principal office: at 1009 118"' Avenue NE,
Blaine, MN 55434 (the "Buyer") (the "Agreement"),
2. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property in
Anoka County. Minnesota, legally described as follows (the "Property"):
That Part of Lot 23 lying north of the south 20 feet of said Lot 23, and Lot 24, in
Block 1, Sheffield's, Second Subdivision, Anoka, County, Minnesota according to
the recorded plat thereof-, and situate in Anoka County, Minnesota
Check here if part or all of the land is Registered (Torrens) X
3. Acceptance Deadline. This offer to purchase, unless accepted sooner, shall be null and
void at 4:30 p.m. on Decernber 5, 2017, and in such event all earnest money shall be
refunded to Buyer.
4. Price and Terms. The price for the Property is $35,000 ("Purchase Price") which Buyer
shall pay as follows: nonrefundable 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, 'Flie "Date of Closing" shall be no
later than February 4, 2018. (60 daysfi-oin date raf'ter's Agreement)
5. Personal Property Included in Sale. There are no items of personal property or fixtures
owned by Seller and currently located on the Propcny for purposes of this sale.
50939M (1,205-70
6. Deed. (.,Jp(,)ii performance by Buyer, Seller shall deliver a quit claim deed conveying title
to the Property to Buyer, in substantially the forni attached as Exhibit A, subject to the
conditions subsequent reqUired by Sections 15, 16, and 17 of this Agreement (tile
Deed"),
7. Real Estate Taxes and Special Assessments.
A. Seller shall pay, at or before closing all real estate taxes due and payable in 2017 and
prior years. Real estate taxes due and payable in the year of closing shall be pro-
rated to Seller and Buyer as of the Date of Closing.
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
the year of closing. 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:
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 ofthe assessment; or
1 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 trarisferring title to Buyer. Seller will
pay all other fees normally paid by sellers, including (a) ally 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 of any 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
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is suitable for c(nistruction of' the dwelling described hi 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 iwid void. Seller makes no, warranties
as to the condition of the Property,
11. Marketability of Title. As soon as reasonably possible after execution Of this
Agrecirient by both parties:
a) Seller shall surrender any abstract of title and a cop), 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. "['he 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 ally 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 upon provision of 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 perforniance 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 ally
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.
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13. Well Disclosure. Seller's knowledge of wells is as follows
The Seller certifies that the Seller does not know ol'any Nvells on the described
real property,
0 A well disclosure certificate accompanies this document,
I am familiar with the property described in this instrunient 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
fan-rily 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 ol'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 4, 2017, attached hereto as Exhibit B.
C, Construction of the Minimum Improvements must be substantially completed no
later than 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 Colurnbia 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 tile
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 Agreenlent 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 fai.l. to provide any certification in accordance with the provisions of this
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50939M (1,205-70
Section, the Seller shall, within thirty (30) days after written request by the Buyer,
provide the Buyer with a written statement, indicating ill adequate detail in what
respects the Buyer has tailed to complete the Minimum Improvements in
accordance with the Provisions of the Agreement, or, is otherwise in default, and
what I'lleaStires or acts it will be necessary, in the opinion of the Seller for the
Buyer- to take or perf6rin in order to obtain such certification,
F The Buyer represents and agrees that until issuance of the Certificate of' Completion
for the Minimum Improvements:
1) Except For any agreement for 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 i-node or form ofor 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 tile Seller's board of
commissioners. The term "Transfer" does not illClUde 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 to
construct the Minimum luiprovements or component thereof,
2) If' tile Buyer seeks to effect a Transl"er 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
portrion 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 Irriprovements or any part thereof or the
construction of the Minimum Improvements, it being the intent of the
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509390v2 C1,205-70
parties as expressed in this Agreernent that (to the fullest extent permitted
at law and in equity and excepting only in the rliariner and to the extent
specifically provided otherwise in this Agreement) no transf'er of, or
change with respect to, ownership in the Property or any part thereof', 01.
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 oil controls
provided in or resulting fi,oni 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 th.c 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, fi -orn any of its obligations with
respect thereto,
iii) Any and all instrurnents 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 heath 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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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 pail thereofto the
Buyer and prior to receipt by the Buyer of the Certificate of Completion ft)r ofthe Minimurn
Improvements, the Buyer, Subject to Unavoidable Delays (as hereatier defined), fails to carry
out its obligations with respect to the construction of the Minimurri Improvements (including
the nature and the date for the completion thereof), or abandons or substantially suspends,
construction work, and any such flailure, abandonment, or suspension shall not be cured,
ended, or reiriedled within thirty (30) days afier written derriand firoin 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 terininate (and revert 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 deftault on the part ofthe 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 ifthe 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" imans 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 Buyers
obtaining of permits or governmental approvals necessary to enable construction of the
Minimum Improvements by the dates such construction is required under this section ofthis
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 income derived by the Seller from the Property or part thereof in
50939Ov2 C1.205-70
connection with SLICII Management); all taxes, assessments, and water and sewer,
Charges with respect to the Property or pail thereof" (or, in the event the Properly
is exempt frorn taxation ()r 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 of
necessary to be rnade to discharge any encumbrances or liens, existing on the
Property or part thereof at the tirne of revesting of title thereto in the Seller or to
discharge or prevent frorn attaching or being niade any Subsequent encunibrances
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 Minirnuti-i Improvements or any part thereof on the
Property or pail thereof, and any amounts otherwise owing the Seller by the
Buyer and its successor or transferee; and
b) Second, to reirnburse the Buyer for the balance of the purchase price remaining
after the reirribursernents specified in paragraph (a) above, Such reinibursernent
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.
19. 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. This 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 rernedy herein conferred upon or reserved to the Seller or Buyer
is intended to be exclusive of any other available remedy or rernedies, 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 acenting 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 frorn 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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50939Ov2 C1.205-70
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 clabils 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: Ze,
j- V Its Ex rectorItsMfdei Executive Di "
STATE OF MINNESOTA
I ss.
COUNTY OF ANOKA
The foregoing was acknowledged before me this day of December, 2017, by
Marlaine Szurek and Walter Fehst, 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.
Notary Public
QSHILL,EY SUE HANSON
NOrARY PUBLIC - MINNESOTA
My Connission Expires Jan. 31, 2021
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50939Ov2 C1,205-70
STATE OF MINNESOTA
ss.
COUNTY OF ANOKA
1'he fibregoing was acknowledoed bel6re me this
the
corpcaration, pan b aaIfof the corporation.
This, document drafted by:
Kennedy & Graven, Chartered
470 U.S,. Bank Plaza
200 South 6"' Street
is, MN 55402
In
509390v2 ('1,205-70
Pday of December, 20 17, by
of Home Detail, Inc., a Minnesota
Notary Public
S HE
EXHIBITA,
to
PURCHASE AND REDEVELOPMENTACSREEMENT
FORN4 OF QUIT CLAIM DEED
Deed Tax Due: S
THIS INDENJURE, between the Columbia Heights Economic Development Authority,
a Minnesota, a public body corporate and politic (the "Grantor"), and fiorne Detail, Inc., a
Minnesota corporation (the "Grantee"),
WITNESSETH, that Grantor, in consideration of the sure of $35,000 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 op' Minnesota described as follows, to—wit
Sllch tract or parcel of land is hereinafter referred to as the "Property"):
Check here ifpart all qf1hc land is Registered (Torrens)
To have and to hold the same, together with all the hereditarnents and appurteria [ices
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 4th of December, 2017, 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 put-chase of the Property hereby conveyed or for erecting the Minimum Improvements
thereon (as defined in the Agreerrient) 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.
s0939N2 CL205-70
Promptly at-'lei-, conipleLion of the Minimum In"iprovernents in accordance with the
provisions of the Agreenient, llic Grantor will furnish the Grantee with an appropriate instrument
so certifylinLgl Such certificatiori by the Grantor shall be (and it shall be so provided in the
certification itsell) a conclusive determination elf' satisfaction and termination of the dgreenients
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 thereot'.
All certifications provided for herein shall be in such form as will enable thern to be
recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If' tile
Grantor shall refuse or fall 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 Grantors 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.
509390v2 01.205-70
In arriplificalion, and not in restriction of, the provisions ofthL preceding section, it is
intended and agreed that the Grantor shall be deerned a beneficiary of' [lie agreeinents and
covenants provided ficrein, both for and in its own right, and also For the purposes of" protecting
the interest of the cornniunity 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 revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to
cornply 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.__. 2017.
The Seller certifies that the Seller
does not know of' any wells on the
described real property.
El A well disclosure certificate
accompanies this document or has
been electronically filed, (if
electronically filed, insert WDC
number:
0 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.
5093907 2 ('11,205-70
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENTAUTI-JORITY
By
Its President
By..........
Its Executive Director-
STATE OF MINNES(YFA
ss
C,'0IJNTY OF ANOKA
Oil this -- day 2017, before nle, a 110tal-Y public within and fior Anoka
County, Personally appeared Marlaine Szurek and Walter Felis.t . to file personally known who by
me duly sworn, did say that they are the president and ExeCLItive Director of the Columbia
Heights Econornic Development ALItIl0rity (the "Authority") iiatned in the foregoing instrument;
that said instrument was signed on behall' of said Authority PUSUan( to a resolution of its
governing body; and said Marlaine Szurek and Walter Felist acknowledged said instrunient to be
the free act and deed of said Authority,
Notary Public
This instrument was drafted by: Tax Statements should be sent to:
Kennedy & Graven, Charted
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612) 337-93110
509390v2 (1,205-70
m 1 ,
11111
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PURCHASE AND REDEVELOPMENTAGREEMENT
APPROVED PROPOSAL
509390%,2 C1.205-70
PROPOSAL FORM
Pleo5e defoch and tgdbaih the thh; sml;on and subr0 dt to the CoermasiRy Deveiapawnt [*poitmvruI
PROPERTY
CHECK ONE: a
BUR DER OFFEPS TO PURCHASE IMS LOT
BUft,OER OFFERS $1,000 FOR A SlX MONTH OPTION TO PURCHASE TH6 WI FOR $
This rjrcjpuw ak i,s nor d pomhaseagjeemmmt or timdirqrr,)mfaiA At this tinw, thc huddv i:,, subimtbrq!,a
pro Inss,,fl lopurdr as ett6s I ol, and bw I d new sing(e arvdilyhpio,t, inarcordarice with iltir, RFP 6uidelirms or vi,
remjwes' R.np as sox- month opti urn tint the 5sruse.
Ita buflIcief's proposaits tentatwelyacrxpmlP;y rihtr EDA Bcwrd, then EDA stiaffWouidwolk Wifh tim BuOdfv to
Jewirm,ne the specific house plan andprv.,om iGaC the next EVA rmeling lf"w IFDA [Ioardflpve flin,-,,dappvcvaN al,
thaf irrnE,, tric, Builder has 14 days tcv.sign a fnvcha+,e & kedevelopmen? Agfvc,;nwnt, and
rromey fas the lot Only alter .uch Aprevnvm is signed and vac nest money paodyvauW a bindpngcoinlractexlst
betwerm the IDA and BiLgilde
builders Rn;iypw0aIoa6 inonth option ana lotfor$1,000, renewable for an ci on
additional $500 Theoplion piovide, the buddprwl+hcxclusuvtt rightto purchaseflne lot4md budda housesihbP Kz
to 1he iiiwiiW EDA process,requiremems and giuldclines.Aj a condibliNlOt the option, the buildef must
wiffi Ca to-be' hijilt house on the MI -S kv the duratirmofthe optecmri rho nurnbeu of op icinOs Irrivied No buiWvf
may haveoptionon mare thara FS%Oftbt' PI'Dgrar"' l0lS
Kffll)[k (Burkh, a niquired to ben fiesidesxnM BoddIng Confnacto, Wensed by the Swe ofMimmesoto
Name: -q" ijcmse Nurnl'A(
pnhoe d Addr tm
Rraorwid jm'OAJ" VN
Ril ATTACHMENTS ANDADDITIONAL INFORMA11OW
AtOt-.h one repre5enta tive. exompleofa homey woWdiplanto bijildon tabs loilifyow
ploposalis5decteci nozn('N*d to 5howexac0v how it mmuld be Placed on the Ioi,
show the appirlirc-, quafity and leaures Vou wr)ufd anticipatesi view house wou!d have an th s licit
A sippofic t'WU5eWjv would tm deWminrx
TheEDA li
the addresS (-a of'Onree h(mmes you have biu IT, in W rinpsota witri:tirt [ast five year or altiis h otheg
ir,videncvof qua bfican on for re eview bv the FWA,
House 47 Lto
Hou,,e;03 ,f 1, 35_ A' j
509390%2 C1.205-70
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EXHIBITC
Im
PURCHASE AND REDEVELOPMENTAGREEMENT
FORM OF CERTIFICATE OF COMPLETION
The ren-minder of this page is intentionally blank]
509390N,2 (1,205-70
WHEREAS, the Columbia Heights Economic Development Authority, a public body,
corporate and politic (the "Grantor"), conveyed land in Anoka County, Minnesota to Horne
Detail, Inc., a Minnesota corporation (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 andStateofMinnesota, 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 it is
able in a. manner deerned sufficient by the Grantor to perrnit 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 Section 15B 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 Section 15B 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: —,20
5093390v2 (1.205-70
COLUMBIA HEIGHTS ECONOMIC",
DEVELOPMENTAL)THORi'ry
By
Its President
By... .........
Its Executive Director
STATE OF MINNESOTA
Ss
COUNTY OF ANOKA
The foregoing instrument was acki-towledged before ine 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
50939,0,2 (1,205-70