HomeMy WebLinkAbout2022-4110CONTRACT #2022-4110
EARLY ACCESS AGREEMENT
THIS EARLY ACCESS AGREEMENT (this "Agreement") is made as of the 21 st day of
October, 2022, by and between BPOZ Columbia Heights, LLC, a Delaware limited liability
company (hereinafter "BPOZ"), and City of Columbia Heights, a Minnesota municipal
corporation (hereinafter "City").
RECITALS:
A. BPOZ is the developer of certain real property more particularly described on Exhibit
A attached hereto and made a part hereof (the "Property").
B. The Property, which will be known as "The Heights" ("Project"), is improved with a
building designed for use as a two -unit condominium to be formed under Minnesota
law - one unit consisting primarily of 266 multifamily rental apartment dwellings, and
a second unit consisting of 21,256 sq. ft. of a grey -shell finish space (city hall) (each
unit individually, a "Unit" and collectively, the "Units").
B. BPOZ and City have entered into that certain City Hall Transfer Agreement, dated as
of October 27, 2020 (the "Transfer Agreement"), for the acquisition by City of one
of the Units as more fully defined within the Transfer Agreement ("City's Unit").
C. BPOZ's obligations under the Transfer Agreement include, among other things, filing
of the condominium plat ("Plat") and condominium declaration ("Declaration")
which will create the Units as separate legal parcels and which will subsequently enable
the parcels, including the City's Unit, to be conveyed by deed and transferred to City
at the Closing as contemplated by the Transfer Agreement.
D. City has reviewed the proposed Plat and Declaration and agrees that the City's Unit
substantially corresponds to the depiction of Unit 1 as described therein and on Exhibit
B attached hereto and made a part hereof.
E. Through no fault of BPOZ, the Plat and Declaration have yet to be recorded with Anoka
County thus delaying the closing of the transfer of the City's Unit to City.
F. City wishes to commence construction activity within the City's Unit notwithstanding
the fact that the closing has not occurred and the Plat and Declaration have not yet been
filed.
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
incorporated into this Agreement and made a material part hereof, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Early Access for Construction. BPOZ hereby grants to City the right to access the
City's Unit and areas to be known as Common Elements as described and depicted in the Plat and
Declaration ("Common Elements"), and to commence construction on the interior of the City's
Unit and certain improvements within the Common Elements specified herein subject to the
following conditions:
a. Prior to commencement of construction, City, at its sole cost and expense, must
have applied for and received all governmental approvals and building permits
required to commence construction of the interior of City's Unit and the other
improvements specified herein.
b. Construction of City's Unit and other improvements specified herein must be
in material compliance with the proposed Rules and Regulations of The
Heights Condominium (the "Rules and Regulations") attached hereto as
Exhibit C and incorporated herein by reference. Notwithstanding the foregoing,
it is specifically understood and agreed that no consents and approvals of The
Heights Owners Association, which does not exist and is not operational to date,
will be required, and that in lieu thereof, City shall obtain the consents and
approvals of BPOZ where said Association's consent or approval would
otherwise be required under the Rules and Regulations.
c. Construction staging and storage of materials may occur within Common
Elements as specified herein.
d. City will provide to BPOZ, prior to commencement of construction, a complete
list of all parties (name, street address and contact person) providing labor or
materials to the Project on behalf of City, and shall update the list from time to
time prior to that parry's provision of labor or materials to the Project.
e. City shall provide to BPOZ proof of insurance for City with limits no less than
the following as set forth below, insuring all activity and conduct of the City,
its agents, employees and contractors and all of contractors' parties while
exercising the right of access provided for in this Agreement.
i. Commercial General Liability Coverage: Coverage of no less than
$2,000,000.00 per occurrence and with a $1,000,000.00 excess policy.
ii. Builder's Risk Coverage: Coverage with a limit of no less than
$6,500,000.00.
Such insurance shall be written on a claims made basis (in relation to the general
liability insurance required herein), shall include a contractual liability
endorsement that insures City's indemnity obligations hereunder, and shall
name BPOZ and Old National Bank (as well as all other persons or entities
designated by BPOZ by written notice provided to the City) as an additional
insured. Any persons or entities that BPOZ seeks to designate prior to
construction by the City shall be designated by BPOZ prior to or upon this
Agreement becoming effective. Prior to contractor or any contractor's parties
entering the City's Unit, City will provide BPOZ with written evidence of the
insurance required under this section. City shall be responsible for insuring its
personal property and improvements made in the City's Unit. The foregoing is
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intended to govern solely during the term of this Agreement. Notwithstanding
any provision herein to the contrary, once the City is the fee Owner of Unit 1,
the insurance required to be maintained by the City shall be governed solely by
the Declaration..
f. Prior to commencement of construction activity, City agrees to place the
electric utility service for the City's Unit in City's name. Electricity used by
City during its construction activities shall be drawn only from City's Unit. If
and during any period of time the City's Unit is not separately metered, the cost
of electricity will be reasonably allocated by BPOZ between it and the City and
the City will promptly pay or reimburse BPOZ for the City's share.
g. Entry onto the Project shall be limited to those agents, employees and
contractors of City with a reasonable need to enter directly related to the
installation, construction and inspection of the City's planned improvements
and shall not unreasonably restrict or impede access to and use of the Property,
excluding the City's Unit and Commercial Garage Area (as hereinafter
defined), by BPOZ and its agents and contractors, nor shall BPOZ unreasonably
restrict or impede access to and use of the City's Unit and Commercial Garage
Area (as hereinafter defined).
h. The Common Elements and the Commercial Garage Area shall be kept in a neat
and orderly condition.
i. Entry onto and use of the Common Elements shall be limited to the following:
i. Use by City's contractor and subcontractors of portions of the Property
to be located in the Commercial Garage (as defined in the Declaration)
(the "Commercial Garage Area") as reasonably necessary to perform
the work to the City's Unit.
ii. Entry to and from the roof for installation of the City's dedicated
outdoor air system;
iii. Access to building exterior on the North side of the Commercial Garage
Area for installation of generator;
iv. Access over Common Elements as reasonably necessary to gain entry
to and from the Commercial Garage Area and the City's Unit.
j. Where construction schedules result in a competing need to access certain areas
within the Common Elements, City and BPOZ agree to cooperate in a manner
so as to not unduly increase construction time or costs for either party.
2. "As -Is Condition. The parties agree that early access is being granted prior to
completion of the Project. Therefore, by accepting early access, City agrees to accept and take in
its "AS -IS" condition the City's Unit subject to any reasonable punch list items which may be
agreed to between BPOZ and City being attached hereto as Exhibit D (the "Punch List"), which
can be amended by mutual written agreement of the parties. BPOZ makes no representations or
warranties with respect to the Project or the operation or condition thereof, express or implied,
during the term of this Agreement, including any representation or warranty as to habitability or
fitness for a particular purpose, provided, however, that the parties acknowledge and agree that (i)
the warranties set forth in the Transfer Agreement as to the City's Unit shall take effect upon the
earlier of the conveyance of fee title to the City's Unit or completion of the Punch List, which date
shall be deemed to be the date when the cause of action accrues as to the City's Unit under
Minnesota Statutes Section 515B.4-1152(c)(1), and (ii) the warranties set forth in the Transfer
Agreement as to the common elements, future performance and duration shall take effect when the
cause of action accrues in the ordinary course under Minnesota Statutes Section 515B.4-1152(c)(2)
and (d), in each case, subject to any damage caused by City or its contractors. This provision shall
survive the closing on the transfer of legal title to the City's Unit as contemplated by the Transfer
Agreement.
3. Indemnification. City shall indemnify and hold BPOZ, its officers, managers,
employees, contractors, subcontractors, agent, members and invitees (collectively, `BPOZ
Parties") harmless from and against any and all damages, demands, claims, losses, liabilities,
injuries, penalties, fines, liens, judgments, suits, actions, investigations, proceedings, costs or
expenses (including reasonable attorneys' fees and costs) arising out of any physical damage or
personal injury or death caused by entry in the City's Unit by City or City's agents, employees,
contractors, guests or invitees resulting from activities while at the Project, excepting only loss in
value resulting from City's discovery of preexisting conditions of the Project and consequential
damages therefrom.
4. Restoration. If City or City's contractors cause damage to any other part of the
Project, excluding City's Unit, City or City's contractors shall promptly restore, repair and replace
any construction, destruction, alteration or damage to the Project arising out of or related primarily
to the activities conducted under this Agreement as reasonably determined by BPOZ in its sole
discretion.
5. Compliance, Safety and Security. City and City's contractors shall take all
reasonable precautions and comply with all applicable governmental statutes, ordinances, orders,
directives, rules and regulations, in conducting the activities under this Agreement.
6. Mechanic Liens. City agrees to timely pay in full all of City's contractors and
materials suppliers so that no liens shall be filed by them against the Project or any part thereof.
In the event any such liens are filed, City shall cause such liens to be released and discharged of
record with respect to the indemnitee's Property within twenty (20) days of written notice thereof
by posting a bond or other security as required by law to obtain such release and discharge. Should
City fail to cause the release and discharge of such lien in a timely manner, BPOZ may do so and
the costs thereof, plus reasonable attorneys' fees, shall be promptly reimbursed to BPOZ by the
City. City agrees to indemnify and hold BPOZ Parties, harmless from any and all lien claims that
may be filed against the Project or any part thereof under Minnesota Statutes Chapter 514 as a
result of labor or materials supplied by or on behalf of City, together with any costs incurred by
BPOZ, including reasonable attorneys' fees, in releasing or discharging said liens. BPOZ reserves
the right to provide contractors doing work or otherwise contributing to improvements of the City's
Unit, or any other part of the Project, by or on behalf of City, written notice that the improvements
2
are not being made at BPOZ's insistence and BPOZ reserves the right to post such notice and keep
the same posted in a conspicuous place or places on or about the City's Unit, and to verify such
postings from time to time, in satisfaction of the requirements of Minnesota Statutes
Section 514.06.
7. Survival of Indemnities. The indemnities set forth above shall survive the closing
on the transfer of legal title to the City's Unit as contemplated by, or the termination of, the
Transfer Agreement, and termination or expiration of this Agreement.
8. Default. In the event of a default hereunder by City, BPOZ may exercise any
remedy available to it at law or in equity and, if any action is taken by BPOZ to enforce any part
of this Agreement, BPOZ shall be entitled to recover from the City all costs and expenses incurred
by BPOZ related thereto, including without limitation, reasonable attorneys' fees.
9. Notices. All notices, requests, consents, approvals or other communications under
this Agreement shall be in writing and delivered by a nationally recognized overnight courier
service which obtains delivery receipts (e.g., Federal Express), addressed as listed below or
delivered by confirmed fax mail transmission or email transmission.
To BPOZ: BPOZ Columbia Heights, LLC
80 South 8th Street, Suite 4155
Minneapolis, MN 55402
Attn:
Email:
With a copy to: Winthrop & Weinstine, PA
225 South 6th Street, Suite 3055
Minneapolis, MN 55402
Attn: Scott D. Jahnke
Email: sjahnke(a winthrop.com
To City: City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Attn: City Manager
Email: kbourgeois@Columbiaheightsmn.gov
With a copy to: Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Boulevard, #400
Coon Rapids, MN 55433
Attn: Charles M. Seykora
Email: cse. kora&,bgs.com
10. Governing Law. The laws of the State of Minnesota shall govern the construction,
performance and enforcement of this Agreement.
5
11. Entire Agreement. This Agreement, including the exhibits hereto, contains the
entire agreement of the parties related to the subjection matter contained herein, superseding all
negotiations, prior discussions and preliminary agreements. It may not be changed orally but only by
an agreement in writing signed by the party against whom enforcement of any waiver, change or
modification is sought.
12. Severability. If any provision of this Agreement is held to be unenforceable or void,
such provision shall be deemed to be severable and shall in no way affect the validity of the remaining
terms of this Agreement.
13. Counterpart Execution: Electronic Signatures. This Agreement may be executed
in counterparts, each of which shall be deemed to be an original and all of which together shall
constitute one and the same instrument. Either party may deliver its signature to the other via
electronic transmission (such as in the form of a PDF), and any signature so delivered will be
binding on the delivering party.
IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year
first above written.
BPOZ Columbia Heights, LLC,
a Delaware limited liability company
By: XaGcs 4
Name: Robert Lux
Its: Manager
Oct 21, 2022
2499204v4
City of Columbia Heights,
a Minnesota municipal corporation
By: An:�:'n c �""� .
Name: Aaron Chirpich
Its: Acting City Manager
EXHIBIT A
Legal Description of the Property
Parcel 1 (Abstract and Torrens - Certificate of Title No. 142077):
Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota.
Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills,
Anoka County, Minnesota.
The vacated alley adjacent to Lots 25 through 28, Block 1, Walton's Rearrangement of Lots 33
and 34, Block 6, Reservoir Hills, Anoka County, Minnesota.
Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23 and 24, Block 1, Walton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to
Lot 24, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying
Southwesterly and Westerly of the following described line: Beginning at a point on the South
line of Block 1, Walton's Rearrangement, said point being 18.00 feet West of the Southeast corner
of Lot 23, of said Block 1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of
and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point
on the North line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly
of the Northwest corner of said Lot 30 and there terminating.
The following portion of the above description being registered land:
That part of Lot Twenty-three (23), Block One (1), Walton's Rearrangement of Lots Thirty-three
(33) and Thirty-four (34), Block Six (6), Reservoir Hills, lying southwesterly and westerly of the
following described line: Beginning at a point on the South line of said Block 1, Walton's
Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block
1, Walton's Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said
east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of
Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner
of said Lot 30 and there terminating.
Parcel 2 (Abstract):
Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24,
Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated
alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills", as
dedicated in said plat, lying within the following described tract: Commencing at a point on the
south line of said Block 1, Walton's Rearrangement distant 18.00 feet west of the southeast corner
of Lot 23, said Block 1, Walton's Rearrangement; thence northerly on a line 18.00 feet west of
and parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of
beginning of the tract to be described; thence continuing northerly on the extension of said line to
the north line of Block 6, Reservoir Hills; thence westerly along said north line of Block 6, to a
7
point being 47.23 feet easterly of the northwest corner of Lot 30, Block 6, Reservoir Hills; thence
southeasterly, to the point of beginning;
Excepting therefrom Tract A, Registered Land Survey No. 250, Anoka County, Minnesota.
Parcel 3 (Torrens - Certificate of Title No. 142076):
Tract A, Registered Land Survey No. 250, Anoka County, Minnesota.
Parcel 4 (Torrens-Certificate of Title No. 116494):
Tract B, Registered Land Survey No. 250, Anoka County, Minnesota.
Parcel 5 (Abstract):
Lots 24, 25, and 26, Block 6, Reservoir Hills. Lots 20, 21, and 22, Block 1, Walton's
Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and all of the vacated alley adjacent
to said Lots 20, 21, and 22. Those parts of Lot 27, Block 6, Reservoir Hills and of Lot 23, Block
1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of that part of the
vacated alley abutting Block 1, "Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir
Hills", as dedicated in said plat, which lies westerly of the northerly extension of the east line of
Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the
south line of said Block 1, Walton's Rearrangement, said point being 18.00 feet west from the
Southeast corner of Lot 23 of said Block 1, Walton's Rearrangement; thence northerly on a line
18.00 feet west of and parallel with the east line of said Lot 23, to the north line of said Block 6,
Reservoir Hills.
Excepting therefrom Tract B, Registered Land Survey No. 250, Anoka County, Minnesota.
Parcel 6 (Torrens - Certificate of Title No. 115040):
Lot 19, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County,
Minnesota.
EXHIBIT B
Proposed CIC Plat
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
I, Daniel Ekrem, do hereby certify that the work was undertaken by or reviewed and approved by me for this CIC Plat of Common Interest Community Number , a condominium, THE
HEIGHTS, being located upon:
Lot 32, Block 6, RESERVOIR HILLS, Anoka County, Minnesota.
Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota.
The vacated alley adjacent to Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota.
Those parts of Lots 28 through 31, Block 6, RESERVOIR HILLS; Lots 23 and 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; and of the
vacated alley adjacent to Lot 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; lying Southwesterly and Westerly of the following described
line: Beginning at a point on the South line of Block 1, WALTON'S REARRANGEMENT, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, WALTON'S
REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot
30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating.
The following portion of the above description being registered land:
That part of Lot Twenty-three (23), Block One (1), WALTON'S REARRANGEMENT OF LOTS THIRTY-THREE (33) AND THIRTY-FOUR (34), BLOCK SIX (6), RESERVOIR HILLS lying
southwesterly and westerly of the following described line: Beginning at a point on the South line of said Block 1, WALTON'S REARRANGEMENT, said point being 18.00 feet West of the
southeast corner of Lot 23 of said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with said east line of Lot 23, a distance of 87.00 feet;
thence on a straight line to a point on the north line of Lot 30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there
terminating.
AND
Those parts of Lots 27 through 31, Block 6, RESERVOIR HILLS and those parts of Lots 23 and 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS
and of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, lying within the following described
tract: Commencing at a point on the South line of said Block 1, WALTON'S REARRANGEMENT distant 18.00 feet West of the Southeast corner of Lot 23, said Block 1, WALTON'S
REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be
described; thence continuing Northerly on the extension of said line to the North line of Block 6, RESERVOIR HILLS; thence Westerly along said North line of Block 6, to a point being 47.23
feet Easterly of the Northwest corner of Lot 30, Block 6, RESERVOIR HILLS; thence Southeasterly, to the point of beginning;
Excepting therefrom Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota.
AND
Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota.
AND
Tract B, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota
AND
Lots 24, 25 and 26, Block 6, RESERVOIR HILLS. Lots 20, 21 and 22, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, and all of the vacated alley
adjacent to said Lots 20, 21 and 22. Those parts of Lots 27, Block 6, RESERVOIR HILLS and of Lot 23, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR
HILLS and of that part of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, which lies
Westerly of the Northerly extension of the East line of Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the South line of said Block 1, WALTON'S
REARRANGEMENT, said point being 18.00 feet West from the Southeast corner of Lot 23 of said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and
parallel with the East line of said Lot 23, to the North line of said Block 6, RESERVOIR HILLS;
Excepting therefrom Tract B, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota.
AND
Lot 19, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota
and that this CIC Plat fully and accurately depicts all information required by Minnesota Statutes, Section 515B.2-1101, and that I am a Duly Licensed Land Surveyor under the laws of the
State of Minnesota.
Dated this day of
Daniel Ekrem, Licensed Land Surveyor
Minnesota License No. 57366
STATE OF MINNESOTA
COUNTY OF
411
The foregoing instrument was acknowledged before me this
Signature
Printed Name
Notary Public,
My Commission Expires
County, Minnesota
day of 20, by Daniel Ekrem, a Licensed Land Surveyor.
I, , pursuant to Minnesota Statutes, Section 515B.2-1 01 (c), do hereby certify that the structural components of the structures containing the units and
the mechanical systems serving more that one unit, are substantially completed, and that I am a duly Licensed Architect under the laws of the State of Minnesota.
Dated this day of
Minnesota License No.
STATE OF MINNESOTA
COUNTY OF
20
Licensed Architect
This instrument was acknowledged before me on this day of
Signature
Printed Name
Notary Public,
My Commission Expires
County, Minnesota
20, by
County Surveyor
Pursuant to Minnesota Statutes, Section 389.09,Subd. 2, this CIC Plat has been reviewed and approved this day of , 20.
By:
David Zieglmeier
Anoka County Surveyor
County Auditor/Treasurer
a Licensed Architect.
Pursuant to Minnesota Statutes, Section 515B.1-116, taxes payable in the year 20 on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section
272.12, there are no delinquent taxes and transfer entered this day of _,20
Property Tax Administrator
By , Deputy
County Recorder/Registrar of Titles
County of Anoka, State of Minnesota
I hereby certify that this plat of COMMON INTEREST COMMUNITY NO. was filed in the office of the County Recorder/Registrar of Titles for public record on this day of
, 20, at o'clock _.M. and was duly recorded as Document Number
County Recorder/Registrar of Titles
By , Deputy
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ALLIANT
ENGINEERING
SHEET I OF 8 SHEETS
100
100
COMMON INTEREST COMMUNITY NUMBER
A CONI
DOMINIUM
I I
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ITHE HEIGHTS
'I
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I
I I
I I
I I
0
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ROADWAY EASEMENT
NORTHWEST CORNER PER DOC NOS. NORTH LINE OF LOT 30,
_ 580233, 581375, BLOCK OF LOT 30, BLOCK I -- CK 6RESERVOIR I
6, RESERVOIR HILLS-- 47.23 — 636379 & 131492 —HILLS. ALSO THE NORTH j
LINE OF BLOCK 6
RLS 18425
WEST LINE OF
RESERVOIR HILLS-----
RI C IRA)F
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
CIC BOUNDARY
FOR THE PURPOSES OF THIS PLAT, THE WEST
LINE OF RESERVOIR HILLS IS ASSUMED TO HAVE
A BEARING OF N00020'51"W
• Denotes monument found 1/2 inch iron pipe
See Sheet 3 of 8 sheets for Site Plan
See Sheets 4-8 of 8 sheets for Unit Details
Benchmark: Top Nut of Hydrant located at
the southeast corner of Central Avenue NE
and Gould Avenue NE has an elevation of
936.82 feet NG VD 29.
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REARRANGEMENT OF
LOTS 33 AND 34,
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RLS 1q
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0 10 20 40
EIIIIIIIII
SCALE IN FEET
I INCH = 20 FEET
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ALLIANT
ENGINEERING
SHEET 2 OF 8 SHEETS
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
N72°55'
2
5x5 TREE GRATE -----
C.E. (M.B.B.)
(TYP.)
CONCRETE CURB - -
C.E. (M.B.B.)
(TYP.)
RETAINING WALL --
C.E. (M.B.B.)(TYP.)
SIDEWALK C.E. (M.B.B.)--\
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
SITE PLAN
I■iawlakilm1
COMMON ELEMENT
LIMITED COMMON ELEMENT
MULTIFAMILY LIMITED COMMON ELEMENTS FOR UNIT 2
COMMERCIAL LIMITED COMMON ELEMENTS FOR UNIT I
MUST BE BUILT
LANDSCAPE AREA
TYPICAL
TAINING WALL
(M.B.B.)
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
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ALLIANT
ENGINEERING
SHEET 3 OF 8 SHEETS
Lo
0
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
/VR9°.gQ'7..FPF *3137 4n
110.6 C.E.
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DIMENSIONS
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UNIT 2
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RAMP CEILING ELEVATION N N
929.6 FEET ~--- \�� 17.8
30.0 18.5
FLOOR ELEVATION = 921.0 FEET STAIRS (M.F.L.C.E.)--_
CEILING ELEVATION = 929.6 FEET
rn
Ki
12.7 i
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7.4
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229.6 8.4 98.2
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GARAGE LEVEL
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
UNIT DETAIL
LEGEND
COMMON ELEMENT
LIMITED COMMON ELEMENT
MULTIFAMILY LIMITED COMMON ELEMENTS FOR UNIT 2
COMMERCIAL LIMITED COMMON ELEMENTS FOR UNIT I
MUST BE BUILT
LANDSCAPE AREA
TYPICAL
NOTES
ARE TO THE NEAREST ONE -TENTH OF A FOOT.
AS NOTED ON SHEET 2 OF 8 SHEETS.
OR FACADES EXTENDING FROM EACH UNIT ARE LIMITED COMMON
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
i'l
ALLIANT
ENGINEERING
SHEET 4 OF 8 SHEETS
Lo
Lo
CV
Lo
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
NRA°.4A'9.r,"F q#37 4n
110.3 C.E.
N 32.7 M 13.4 9.4� �i 25.5 2.1� 2.2 9.4 71.9 / �� L.C.E.
I
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(M.B.B.)
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� - - � - DIMENSIONS
27.7 i
NI o BENCHMARK
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UNIT 1 i THE EXTERII
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FLOOR ELEVATION = 930.6 FEET Q w
CEILING ELEVATION = 945.0 FET w
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CEILING ELEVATION = 945.0 FET i N89045'06"E
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7.6 COMMERCIAL GARAGE 47.4
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N RAMP CEILING ELEVATION 0 00 o6
7.6 = 929.6 FEET- `� �7•9
30.0 7.6 O THIS AREA OF UNIT 2 HAS i 19.0
A FLOOR ELEVATION OF N STAIRS (M.F.L.C.E.)
M 930.6 FEET AND A CEILING
ELEVATION OF 939.E
THIS AREA OF UNIT I HAS
A FLOOR ELEVATION OF
930.6 FEET AND A CEILING -
ELEVATION OF 938.3 47.4
N �
ELEVATOR ELEVATOR
STAIRS (M.F.L.C.E.)--- (M.F.L.C.E) \ LOBBY oN
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UNIT 2 II M _ 9.7 -STAIRS (M.F.L.C.E.)
64.1 - -11.1-
� 8.4
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FLOOR ELEVATION = 930.6 FEET oZ
00 00In
N CEILING ELEVATION = 945.0 FET v o of of
N -
NQr 98.3
75.1 14.6 12.4 27.5
ood 001+0 vv lrvi.vL)
LOWER LEVEL
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
UNIT DETAIL
LEGEND
COMMON ELEMENT
LIMITED COMMON ELEMENT
MULTIFAMILY LIMITED COMMON ELEMENTS FOR UNIT 2
COMMERCIAL LIMITED COMMON ELEMENTS FOR UNIT I
MUST BE BUILT
LANDSCAPE AREA
TYPICAL
NOTES
ARE TO THE NEAREST ONE -TENTH OF A FOOT.
AS NOTED ON SHEET 2 OF 8 SHEETS.
DR FACADES EXTENDING FROM EACH UNIT ARE LIMITED COMMON
Lo
C�
CV
r-
W
CV
co
O
O
Co
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
i'l
ALLIANT
ENGINEERING
SHEET 5 OF 8 SHEETS
0
N
Lo
O
N
0
O
O
ff-
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
Zpd-3q"40'-VV 4U/.UO L.c.t. L.0 .t.— L.l,.t.
BALCONY BALCONY BALCONY BALCONY
UNIT 2 UNIT 2 UNIT 2 UNIT 2
FIRST THRU SECOND LEVELS
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
UNIT DETAIL
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
i'l
ALLIANT
ENGINEERING
SHEET 6 OF 8 SHEETS
0
N
L0
O
N
0
O
O
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
I IU.0 ljuU UU'-PU vv TU/ .UU
L.C.E. i L.C.E. L.C.E.
BALCONY- BALCONY -' BALCONY -'
UNIT 2 UNIT 2 UNIT 2
THIRD THRU FIFTH LEVELS
BALCONY- BALCONY --'BALCONY
UNIT 2 UNIT 2 UNIT 2
BALCONY-'
UNIT 2
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
UNIT DETAIL
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
i'l
ALLIANT
ENGINEERING
SHEET 7 OF 8 SHEETS
Lo
0
N
i-
L0
O
N
0
O
O
ff-
COMMON INTEREST COMMUNITY NUMBER
A CONDOMINIUM
THE HEIGHTS
L.C.L. Joy JV`FJ vv `FV/.vv -L.C.E.
BALCONY-' BALCONY BALCONY BALCONY BALCONY
UNIT 2 BALCONY UNIT 2 UNIT 2 UNIT 2 UNIT 2 UNIT 2
SIXTH LEVEL
CITY OF COLUMBIA HEIGHTS
COUNTY OF ANOKA
SEC. 36, T. 30N, R. 24W
UNIT DETAIL
0 10 20 40
SCALE IN FEET
I INCH = 20 FEET
i'l
ALLIANT
ENGINEERING
SHEET 8 OF 8 SHEETS
EXHIBIT C
Rules and Regulations
10
RULES & REGULATIONS
The Heights, a Condominium
Columbia Heights, MN
FirstService Residential
(952) 277-2700
Telephones Answered 24 Hours a Day
RULES & REGULATIONS
THE HEIGHTS
Property Management
FirstService Residential
8100 Old Cedar Ave S., Suite 300
Minneapolis, MN 55425
Telephone Number: (952) 277-2700
Fax Number: (952) 277-2739
TABLE OF CONTENTS
GOVERNANCE AND MANAGEMENT....................................................................................1
Association Board of Directors............................................................................................1
Building Management (FirstService Residential Minnesota, Inc.)......................................1
Disputes................................................................................................................................1
INTERNAL OPERATIONAL GUIDELINES...........................................................................1
Conduct / Appearance In Common Areas...........................................................................1
Smoking...............................................................................................................................2
WaterLeakage.....................................................................................................................2
Bicycles................................................................................................................................2
Animals................................................................................................................................3
Flags.....................................................................................................................................3
HazardousSubstances..........................................................................................................3
Limited Common Elements.................................................................................................3
Maintenance / Service To Residential Units........................................................................3
BuildingRoof.......................................................................................................................4
REMODELING OF UNITS..........................................................................................................4
BoardApproval....................................................................................................................4
Building Permits, Code Compliance And Owner Responsibility........................................5
Clean Up, Storage And Removal Of Construction Materials & Debris ..............................5
Limitations on Work Hours and Duration...........................................................................5
LiabilityInsurance...............................................................................................................5
TurnOff Of Water Supply...................................................................................................6
OPERATING EXPENSE / ANNUAL ASSESSMENT..............................................................6
FINES..............................................................................................................................................6
DAMAGE TO PERSONAL PROPERTY / INSURANCE PROVISIONS ..............................7
EXTERNAL OPERATIONAL GUIDELINES..........................................................................8
BuildingExterior.................................................................................................................8
ENTRYOF UNITS........................................................................................................................8
EmergencyEntry.................................................................................................................8
LEASING........................................................................................................................................9
GeneralRules.......................................................................................................................9
RULES AMENDMENTS AND WAIVERS................................................................................9
i
GOVERNANCE AND MANAGEMENT
ASSOCIATION BOARD OF DIRECTORS
These Rules and Regulations (the "Rules") are enacted by the Board of Directors (the "Board")
for The Heights Owners Association (the "Association") to provide reasonable, practical
guidelines for the operation of The Heights, a condominium (the "Condominium") created under
the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B (the "Act").
The Act contains additional rules and regulations applicable to the condominium's operation. All
Owners and Occupants are obligated to comply with these Rules as well as the Declaration for
Common Interest Community No. , and the Articles and Bylaws of the Association.
The terms used in these Rules have the same meanings as set forth in the Declaration. The Board
maintains and approves the Rules based upon authority contained in Section 4.21 of the
Declaration. Owners are responsible for their own conduct and that of its Unit's Occupants, their
employees, agents, guests and invitees.
BUILDING MANAGEMENT (FIRSTSERVICE RESIDENTIAL MINNESOTA, INC.)
The Heights is managed by FirstService Residential Minnesota, Inc. FirstService Residential
hires, trains and supervises all operating personnel. It is the direct employer of all such persons
and is strictly responsible for their performance.
Staff personnel, under the direction and supervision of FirstService Residential, are responsible
for the general housekeeping, day-to-day maintenance and upkeep of the common areas, security
and certain managerial functions. Personnel are accountable only to FirstService Residential.
Owners and Occupants are requested to communicate complaints, matters of concern or grievances
involving management, policy or personnel to FirstService Residential, not to staff personnel. In
the event of an emergency situation or on matters of importance requiring immediate attention
when security attendants on duty, for whatever reason, cannot be reached, Owners and Occupants
should call FirstService Residential at (952) 277-2700 (answered 24 hours).
DISPUTES
In case of a dispute regarding enforcement of these Rules, Occupants shall first try to resolve the
matter with Building Management. At the discretion of Building Management or at the request of
the Owner, the president of the Association's Board may be consulted to help resolve the dispute.
If the dispute is still not resolved, the Occupant may ask the Association's Board to consider the
issue, and may address the Board in person or in writing on the issue before it is considered and
decided by the Board.
INTERNAL OPERATIONAL GUIDELINES
CONDUCT / APPEARANCE IN COMMON AREAS
Boisterous, noxious or offensive activity that may become an annoyance or nuisance to Owners
and Occupants is not permissible.
Owners and Occupants will keep the noise level of microphones, electronic equipment, appliances,
etc., at reasonable levels at all times, particularly during normal business hours or public meeting
hours of any Unit owned by the City or affiliated entity (noting that use of microphones by the
City for public meetings in a standard and typical fashion shall not be a violation of this provision),
and in all events after 11:00 p.m. This provision shall not be amended without the consent or
approval of all members of the Board.
Entrances, garages, stairways and corridors may not be obstructed, encumbered or defaced in any
manner or used for any purpose other than entering or leaving the premises.
Common Elements / facilities must not be altered or impaired. Personal property of the
Association must not be removed from the Common Elements at any time except by the
Association.
Garbage cans, trash barrels or any type of personal property or refuse, debris and discarded items
are not to be left or placed, even temporarily, in any of the Common Elements and facilities,
Roller skating, skateboarding and ball games are forbidden on the premises and grounds.
SMOKING
Smoking is prohibited in all Common Elements except a designated outdoor smoking area, which
shall not be located adjacent to the Commercial Unit or any Commercial Limited Common
Element. This provision shall not be amended without the consent or approval of all members of
the Board.
For purposes of this policy, all restrictions on smoking shall also apply to e-cigarettes (vaping).
WATER LEAKAGE
Owners and Occupants should routinely check for leaks and water infiltration:
1. Immediately report any water infiltration problems, no matter how minor.
2. Periodically check for any signs of water leakage at all water sources in a Unit.
BICYCLES
Bicycles may only be stored in racks provided in the Garage or as may be placed by the
Commercial Unit Owner within a Commercial Limited Common Element. Bicycle racks shall be
placed so as not to obstruct or unreasonably interfere with the passage of persons or vehicles with
rights to use or pass through the Garage. Bicycles should be locked and secured at all times when
not in use. This provision shall not be amended without the consent or approval of all members
of the Board
2
ANIMALS
Common domestic pets, such as dogs, cats, caged birds and fish housed in an aquarium are
permitted. No other animals are permitted. The Owner of each Unit may impose additional rules
governing pets in its Unit.
All animals in the Common Elements must be caged or leashed, and under the direct control of an
Occupant or a responsible person designated by the Occupant. Any domestic animal waste,
whether inside or outside the Building, shall be cleaned up immediately and Owner of the Unit in
which said animal resides or is visiting shall ultimately be responsible for any damage caused by
the animal, regardless of who owns the animal. The Owner or Occupant shall indemnify the
Association and hold it harmless against and from any loss or liability of any kind or character
whatsoever arising from or growing out of having any animal on the Property.
Notwithstanding the foregoing pet restrictions, nothing herein shall limit, in violation of any
Applicable Laws, the keeping of a service or assistance animal. However, service and assistance
animals are subject to the foregoing Rules applied to animals to the extent the Rules do not impair
the service or assistance animal from being able to provide the service or assistance needed.
FLAGS
Nothing herein shall prevent the flying of a flag of the United States or the State of Minnesota by
the Association on the General Common Elements or by the Commercial Unit Owner on the
Commercial Limited Common Elements. This provision shall not be amended without the consent
or approval of all members of the Board.
HAZARDOUS SUBSTANCES
Gasoline and other combustible, explosive, flammable or otherwise dangerous articles are
forbidden on the premises except usual substances in reasonable quantities commonly used in the
cleaning and operation of mixed use apartment/office buildings. Paint, oil, gasoline, fluorescent
tubes or bulbs, and other hazardous substances may not be disposed of on the Property and should
be taken directly to a hazardous waste drop-off facility.
LIMITED COMMON ELEMENTS
A Limited Common Element is a Common Element that is restricted for the exclusive use of one
or more but less than all Unit Owners. Examples of Limited Common Elements include but are
not limited to: pipes serving less than all Units (this may include the areas of pipes behind a wall
or sheetrock area). The repair or replacement of Limited Common Elements may be charged back
to the Unit Owner(s) any such repair or replacement may benefit.
MAINTENANCE / SERVICE TO RESIDENTIAL UNITS
The exterior side of all windows will be washed once per year. The annual washing does not
include screens.
Owners should contract with vendors, contractors, or service companies for repair and
maintenance work that is the Owner's responsibility. If the Association contracts for emergency
repairs or repairs that include both Association and Owner responsibility, charges for the work that
is the Owner's responsibility will be billed to the Owner and will appear on the monthly dues
statement.
BUILDING ROOF
Neither Occupants, nor their employees or guests should at any time enter upon the roof of the
building except by prior arrangement with Building Management.
REMODELING OF UNITS
BOARD APPROVAL
Pursuant to the constituent documents of the Association, Owners may not make any Regulated
Improvements to their Units, without prior written consent of the Board. Remodeling
plans/requests are required to be submitted to Building Management or directly to the Board.
These remodeling rules shall not apply to the initial construction of Units, including the buildout
of the interior of Units, or Common Elements, including signage. Approval letters will be
generated in a timely manner once the details of the remodel are disclosed and reviewed. The
Board may authorize Building Management to assist with certain remodeling projects on its behalf
but the Board may not delegate its right to approve such projects. An Owner's general contractor
must consult with Building Management before work begins to resolve any questions or concerns.
Without limiting the generality of the definition of "Regulated Improvements" in the Declaration
or any express exception thereto which supersedes the requirements below, the following
constitute Regulated Improvements to the Units:
1. All alterations, modifications or additions to plumbing, except for routine repair,
cleaning or replacement of faucets or plumbing fixtures of a like type and size.
2. All alterations, modifications or additions to the heating and ventilation systems,
except for repair or replacement of equipment of a like type and size.
3. All alterations, modifications or additions to security or life safety equipment
located in Units.
4. All alterations, modifications or additions visible from the exterior of a Unit.
5. All alterations, modifications or additions that contemplate or require penetration
into or through the surface of the floor deck or ceiling of a Unit.
6. All alterations, modifications or additions that could increase sound transmission
between the walls, floors or ceilings separating one Unit from the other.
2
7. All types of alterations, modifications or additions, the result of which could
adversely affect other Units or Common Elements that are located above, below or
adjacent to a Unit in which remodeling is contemplated.
BUILDING PERMITS, CODE COMPLIANCE AND OWNER RESPONSIBILITY
I . Owners are responsible to obtain all permits that are required by code to be obtained
from the City of Columbia Heights prior to commencement of work to such
Owner's Unit, and all work that is undertaken to such Owner's Unit is to be
completed in full compliance with all applicable building and fire codes and
ordinances.
2. Owners are responsible for any consequential damage to Units located above,
below and adjacent to the Unit in which remodeling is completed and of Common
Elements resulting from any remodeling or alterations performed by such Owners.
CLEAN UP, STORAGE AND REMOVAL OF CONSTRUCTION MATERIALS & DEBRIS
Construction materials, supplies and debris are not permitted to be stored in or on the Common
Elements of the Property, even if for only short intervals of time. Owners shall require their
contractors and vendors to haul away construction debris, cartons, wrapping, etc. from the
premises and to provide a dumpster for this purpose if warranted.
LIMITATIONS ON WORK HOURS AND DURATION
Construction and remodeling work hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday.
No construction work is permitted in evenings or on weekends, or during national holidays.
For extensive remodeling or construction projects that will last more than thirty (30) days, the
Board requires submission of a construction schedule and anticipated timeline and reserves the
right to require reasonable changes to construction or reasonable noise mitigation plans as a
condition of its approval in order to minimize effects on Occupants. Failure to provide a schedule,
adhere to a schedule or provide notice of changes to these plans may result in daily fines and/or
other imposed restrictions and fines by the Board in its reasonable discretion. Construction or
remodeling work must stop until the plan is revised and approved by the Board. The Board shall
enforce these provisions against the different Unit Owners in an equal manner whereby
requirements imposed upon one Owner shall be imposed upon any other Owner in the event of the
same or similar extensive remodeling or construction projects. This provision shall not be
amended without the consent or approval of all members of the Board.
LIABILITY INSURANCE
Contractors must be licensed and bonded and must provide both the Owner and the Association a
Certificate of Liability Insurance. After completion of the work, any changes to plumbing,
electrical wiring and interior wall locations, along with a copy of the blueprints, must be provided
to Building Management for documentation in the Unit files.
5
TURN OFF OF WATER SUPPLY
Except in absolute emergency situations, the water supply to the Building may not be turned off
unless required and reasonable advance notice to the Owners and Occupants who will be affected
by a scheduled turn off is duly given.
OPERATING EXPENSE / ANNUAL ASSESSMENT
The annual operating budget will be approved each year by the Association's Board, and is the
basis for determining the annual assessments of Owners. The budget will be distributed to Owners
after approval by the Board, and Owners will be notified of the amount of their respective
assessments. The assessments may be adjusted by the Board at other times of year if deemed
necessary by the Board because of unanticipated costs. Owners will be notified at least 30 days
prior to any change in the assessments. The assessment for Common Expenses is payable in
monthly installments, in advance, on the first day of each month within the year for which the
assessment is made.
Special assessments may be levied by the Board from time to time for capital projects and are
payable as prescribed by the Board.
Late payments of monthly or special assessments, maintenance charges, rental fees, and all other
charges, are subject to a late fee of $_ per month.
FINES
Minnesota Statutes, Section 515B.3-102 grants condominium boards of directors the power to
impose charges for late payment of assessments and, after notice and opportunity to be heard, to
levy reasonable fines for violations of Declaration, Bylaws and Rules of the Association. The
Board shall enforce these provisions against the different Unit Owners in an equal manner whereby
fines imposed upon one Owner shall be imposed upon any other Owner in the event of the same
or similar conduct leading to such fine. This provision may not be amended without the consent
or approval of all members of the Board.
The reasonable fines described are in addition to, and not as substitutes for any rights or remedies
which the Association otherwise has at law or under the Declaration, Bylaws and any amendments
thereto. Association Members are responsible for the conduct and actions of their guests, tenants,
and contractors, and are subject to reasonable fines for any usage contrary to the Governing
Documents and Rules and amendments thereto in effect from time to time.
1. PROCEDURE: Any complaint or information relating to any alleged violation of
the Association's Declaration, Bylaws or these Rules may be made by any person
to Building Management. Building Management will take all steps reasonably
necessary to investigate the allegations and report to the Board: (a) that Building
Management has received information of an alleged violation; (b) the nature of the
alleged violation; (c) the facts and circumstances involving the alleged violation;
(d) the possible reasonable fine which could be imposed pursuant to this resolution.
2
In the event that Board finds that there is reason to believe a violation has occurred
and that it is of such a nature that reasonable fines should be considered by the
Board, a written notice should be delivered to the Association Member inviting the
Member to be present at a time and place for the purposes of being heard and
presenting evidence bearing on the alleged violation.
After the Board has reviewed the situation, it will deliberate and determine whether
a violation has occurred, assessing reasonable fines it deems reasonable.
Strict rules of evidence will not be required, but the Board will allow Building
Management and all parties the opportunity to be heard. The Board may use its
discretion in assessing reasonable fines and may consider the severity of the
violation, its harm or potential harm to the Members or common facilities and its
repetitious nature.
2. FINES FOR USES OF UNIT CONTRARY TO POLICIES: Any Member, or its
guest, tenant, or contractor, using a Unit contrary to the provisions contained in the
Declaration or the Rules (including reasonable rules adopted by a Unit Owner
governing use by the Owner of the other Unit and its Occupants of easements over
and across the servient Unit) in effect at the time, subjects the Member or tenant to
a fine to be determined by the Board.
3. FINES FOR DAMAGE OR OTHER ACTIONS ADVERSELY AFFECTING
COMMON FACILITIES OR EXTERNAL APPEARANCES: Any Member or its
guest, tenant, or contractor causing damage or using any Common Element contrary
to these policies, or that fails to fulfill its maintenance or repair obligations as
provided in the Rules in effect at the time, may be subject to a reasonable fine as
determined by the Board or required to pay the cost of restoring the condition of
the affected facilities, after notice and opportunity for hearing as stated in paragraph
1 of this section.
DAMAGE TO PERSONAL PROPERTY / INSURANCE PROVISIONS
The master insurance policy carried by the Association does not, under any circumstances, cover
personal property owned by Owners/occupants for any type of loss. Personal property includes
furniture, draperies, clothing, jewelry and other personal effects.
The master insurance policy carried by the Association does not provide coverage for carpeting,
hardwood flooring, tile, or other types of flooring, wall coverings including paint and wallpaper,
light fixtures, wood molding and trim, and all types of built-ins, appliances, cabinetry, counters,
desks, and window treatments within Units. It is important therefore, that Owners include
coverage for these items under their individual Owner's policy.
Owners and occupants, therefore, are informed that the Association does not under any
circumstances assume liability for loss or damage to personal property or for improvements
defined above.
7
It is essential, therefore, that Owners carry their own Condominium Commercial Unit or Business
Owners Policy in an amount sufficient to cover the value of all personal property and all
betterments and improvements specified above, except that if a Unit is owned by the City or an
affiliated entity that the City, or such affiliated entity, may procure coverage through the League
of Minnesota Cities. An All Risk Policy includes liability coverage for accidents occurring within
the individual Units.
Each Owner shall be liable for the expense of any maintenance, repair or replacement rendered
necessary by its act, neglect or carelessness or by that of any of its guests, employees, agents or
tenants.
EXTERNAL OPERATIONAL GUIDELINES
BUILDING EXTERIOR
1. Changes or modifications to exterior windows or Common or Limited Common
Elements of the Building are not permitted, except in the case of a uniform
modification as authorized by the Association.
2. Owners and Occupants must not install wiring for any electrical installation such
as television, or radio antenna, on the exterior of the Building without Board
approval. Such equipment may not protrude through the walls, windows, or the
roof of the Building, unless limitations on the same would violate Applicable Laws.
3. "For Sale," "For Rent" and all other types of signs, illumination, identification or
advertisements are not to be placed in windows or elsewhere on the exterior of the
Building, except that each Unit is entitled to identification and directional signage
in accordance with the original development plans for the Property, and the retail
component of the Multifamily Unit is entitled to separate illuminated identification
signage as approved by the Board. Additional signage requests should be directed
to the Board for approval.
4. The landscaped areas, including grass, trees, shrubs, hedges, flowers or flowerbeds,
must not to be harmed or littered.
5. Decorations for observed holidays may be displayed within or on each Unit and its
Limited Common Elements for a limited period of time. Any holiday decor on the
General Common Elements requires approval of the Board.
ENTRY OF UNITS
EMERGENCY ENTRY
The Declaration allows immediate entry to the Units by emergency personnel.
In addition, the Association may need to perform emergency maintenance, installations, alterations
or repairs to mechanical or electrical systems. Building Management and related personnel may
enter Units for non -emergency repairs with prior notice subject to the terms of the Declaration.
Examples of emergency situations are:
1. Broken water or sewer pipe, or suspicion of the same;
2. Flooding from sprinkler system or overflow from toilet or sewer line, or suspicion
of the same;
3. Fire or smoke, or suspicion of the same; and,
4. Reasonable belief that a person may be disabled by illness or accident.
If an emergency situation dictates the necessity of immediate entry, the following procedures shall
be strictly observed in the order listed:
1. A conscientious effort is to be made to first call and attempt to locate the Owner or
Occupant, time permitting, prior to entering;
2. The entry door is to be soundly pounded on prior to entering;
3. Whenever possible, two or more Building Management or staff personnel are to
enter at the same time;
4. An appropriate note giving time of entry, reason and other pertinent detail is to be
sent to the Owner and any Occupant affected.
LEASING
GENERAL RULES
General Common Elements shall not be used for business or commercial purposes, except as may
be authorized by the Declaration or by unanimous agreement of all Owners. Owners may not
contract to rent, or offer or advertise to rent, any General Common Elements in the Building.
Owners may lease any portion of their respective Units (including the leasing of usage and parking
rights in the Multifamily Garage) and the Commercial Owner may lease usage and parking rights
within the Commercial Garage, subject to the requirements set forth in the Declaration. Upon
leasing all or a portion of any Unit, the name and contact information of the Occupant, and
identification of the part of the Unit leased, shall be delivered to Building Management. This
paragraph may not be amended without the consent or approval of all Members.
RULES AMENDMENTS AND WAIVERS
The Board has the authority to amend the Rules, and make other Rules, from time to time, as it
deems necessary for the use, safety, maintenance and preservation of the Property, and for securing
the common comfort and convenience of the Occupants, subject to any requirement specified
herein for all Members of the Board to consent or approve such rule and subject to any limitation
specified in the Declaration. However, except for "time urgent" rules, a minimum comment period
of 30 days by Owners and Occupants will be normal before implementation of any new Rule.
0
Waivers from the provisions of these Rules for specific situations may be granted by the Board for
good cause shown if, (i) in the judgment of the Board, the waiver will not violate the Governing
Documents or law, nor interfere with the rights of other Occupants, and (ii) the waiver is granted
to other Occupants under the same circumstances. However, waivers will not be granted unless an
emergency or highly extenuating circumstance exists.
201860430
10
EXHIBIT D
Punch List Items
1. The 2" water service line for the City Hall condo unit needs to be ran from the meter
room and stubbed into the City Hall space utility room. The water meter also needs to be
installed for the City Hall service in the meter room. (Grey Shell Minimum
Improvements)
2. The handrail for the stairs on the exterior of the north side of the City Hall condo unit
needs to be installed. (Grey Shell Minimum Improvements)
3. The electrical sleeve for the City Hall unit backup generator needs to be run from the
generator location to the City Hall condo electrical room. (Grey Shell Minimum
Improvements)
4. The threaded rods used to hang apartment utilities that run through the City Hall condo
unit ceiling space need to be cut back/trimmed in several locations. (Grey Shell
Minimum Improvements)
5. The west wall of the parking garage vestibule needs to constructed according to the 95%
plans submitted by the City. The wall is currently constructed without glazing and steel
doors with no glazing. The 95% plans call for an aluminum storefront with glazing on the
west elevation like what has been installed on the east elevation of the vestibule. (City
Hall Upgrades)
6. Floor tile needs to be installed in the garage vestibule. (City Hall Upgrades)
7. The wood slat topped benches (3) need to be installed in the City Hall parking garage
adjacent to the vestibule. (City Hall Upgrades)
8. The soffit lighting needs to be installed in the garage vestibule. (City Hall Upgrades)
9. The canopy/awning on the exterior west side entrance of the City Hall condo needs to be
finished with tongue and groove wood paneling in the soffit area, and surrounding metal
trim work. (City Hall Upgrades)
10. The protective concrete and steel bollards outside of the City Hall unit need to be
installed. (City Hall Upgrades)
11. The monolithic stone benches need to be installed outside of the City Hall unit. (City
Hall Upgrades)
12. The wood slat topped bench needs to be installed outside of the City Hall condo unit west
entrance. (City Hall Upgrades)
13. The screen wall for the City Hall unit emergency generator needs to be installed. (City
Hall Upgrades)
14. A separate electrical meter needs to be installed for the City Hall unit electrical service.
(Grey Shell Minimum Improvements)
12
/
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (M M/DD/YYYY)
10/12/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Sarah Kruse
NAME:
first national insurance
ACC Ext : (651) 460-6014 A/XC, No): (651) 460-6625
E-MAIL skruse@nesbitagencies.com
ADDRESS:
Ross Nesbit Agencies, Inc.
INSURER(S) AFFORDING COVERAGE
NAIC #
324 Oak St, PO Box 130
INSURERA: League of Minnesota Cities Insurance Trust
Farmington MN 55024-0130
INSURED
INSURER B : Selective Insurance Co of America
12572
INSURER C :
City of Columbia Heights
INSURER D :
590 40th Avenue NE
INSURER E :
INSURER F :
Columbia Heights MN 55421
COVERAGES CERTIFICATE NUMBER: 2022-2023 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
X CLAIMS -MADE OCCUR
DAMAGE TO
PREMISES Ea occurrence)l
$ INCLUDED
MED EXP (Any one person)
$ EXCLUDED
PERSONAL &ADV INJURY
$ INCLUDED
A
CMC1002979-6
06/01/2022
06/01/2023
LAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
POLICY❑PRO ❑ LOC
JECT:
MOTHER
PRODUCTS-COMP/OP AGG
$ 3,000,000
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 2,000,000
X
BODILY INJURY (Per person)
$
ANYAUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
CMC1002979-6
06/01/2022
06/01/2023
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED HNON-OWNED
AUTOS ONLY AUTOS ONLY
X
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$ 1,000,000
HxCLAIMS-MADE
AGGREGATE
$
A
EXCESS LAB
MEL1002981-6
06/01/2022
06/01/2023
DED RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? El
NIA
WC1001335-8
01/01/2022
01/01/2023
A STATUTE ERH
E.L. EACH ACCIDENT
1,500,000
$
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
1,500,000
$
LIMIT
$6,500,000
Builder's Risk
B
S2548511
10/10/2022
10/10/2023
DEDUCTIBLE
$10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
BPOZ Columbia Heights, LLC
ACCORDANCE WITH THE POLICY PROVISIONS.
80 South 8th St., Suite 4155
AUTHORIZED REPRESENTATIVE
Minneapolis MN 55421
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
/
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (M M/DD/YYYY)
10/20/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Sarah Kruse
NAME:
first national insurance
ACC Ext : (651) 460-6014 A/XC, No): (651) 460-6625
E-MAIL skruse@nesbitagencies.com
ADDRESS:
Ross Nesbit Agencies, Inc.
INSURER(S) AFFORDING COVERAGE
NAIC #
324 Oak St, PO Box 130
INSURERA: League of Minnesota Cities Insurance Trust
Farmington MN 55024-0130
INSURED
INSURER B : Selective Insurance Co of America
12572
INSURER C :
City of Columbia Heights
INSURER D :
590 40th Avenue NE
INSURER E :
INSURER F :
Columbia Heights MN 55421
COVERAGES CERTIFICATE NUMBER: 2022-2023 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
X CLAIMS -MADE OCCUR
DAMAGE TO
PREMISES Ea occurrence)l
$ INCLUDED
MED EXP (Any one person)
$ EXCLUDED
PERSONAL &ADV INJURY
$ INCLUDED
A
CMC1002979-6
06/01/2022
06/01/2023
LAGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
POLICY❑PRO ❑ LOC
JECT:
MOTHER
PRODUCTS-COMP/OP AGG
$ 3,000,000
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 2,000,000
X
BODILY INJURY (Per person)
$
ANYAUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
CMC1002979-6
06/01/2022
06/01/2023
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
HIRED HNON-OWNED
AUTOS ONLY AUTOS ONLY
X
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$ 1,000,000
HxCLAIMS-MADE
AGGREGATE
$
A
EXCESS LAB
MEL1002981-6
06/01/2022
06/01/2023
DED RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? El
NIA
WC1001335-8
01/01/2022
01/01/2023
A STATUTE ERH
E.L. EACH ACCIDENT
1,500,000
$
(Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
1,500,000
$
LIMIT
$6,500,000
Builder's Risk
B
S2548511
10/10/2022
10/10/2023
DEDUCTIBLE
$10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Old National Bank, ISAOA
ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 3728
AUTHORIZED REPRESENTATIVE
Evansville IN 47736
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD