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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 N 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 i'l ALLIANT ENGINEERING SHEET I OF 8 SHEETS 100 100 COMMON INTEREST COMMUNITY NUMBER A CONI DOMINIUM I I I ITHE HEIGHTS 'I I I I I I I I I I 0 Q0 I I I I I I I I II 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. y LLJ - fv LLJ W (V O -L_ ,= ' W 0 0 N < co w Ln M <OM LO r- _, -- N89°45'06"E Q 0 0 � O RLS 18425 40.00 o � o _- \ RLS 18425 NORTHERLY EXTENSION - OF THE EAST LINE OF L. LOT 23, BLOCK I, <,; \ REARRANGEMENT OF LOTS 33 AND 34, ;; ; �► n - - - -,- - 1 BLOCK 6, RESERVOIR RLS 1q I \ `,__--- SOUTH LINE OF BLOCK I, WALTON'S I REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS I I I I I I I I I _ _ to I I I I I I I I --BENCHMARK '=936.82 I I I I I 19I,81:.I:Z�1►1 0 10 20 40 EIIIIIIIII SCALE IN FEET I INCH = 20 FEET i'l 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 i'l 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. r 13.6 r? '� 29.6 M '� 72.0 L.C.E. 9.7 9.7 i 32.7 M � � N M.F.L.C.E. C.L.C.E. 50.9 _ (M.B.B.) L.A. i N (TYP.) STAIRS (M.F.L.C.E.)-- r 9.9 i 25.8 i it z i W I F�,, 8. 57 o I Lc6�09.2 w I w Mo M 7.7� w LLJ � � N N O In QO p J o O O N O M w I r7 7.7 z 0 I co 8.5 Q, 9.1 J II 9.9 Ci ELEVATOR (M.F.L.C.E.) u DIMENSIONS 00 I I � BENCHMARK N I rn THE EXTERI z ELEMENTS. � I o� I Q w O c- >w f� > w N r� Q w 0 0 c0 z c0 I J II In I w N N89045'06"E 0 40.00 I I I I UNIT 2 25.8 ' 11 17.8 Cq 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 ---ELEVATOR (M.F.L.C.E.) 8.7 7.4 0o In In co 0 � � 11.4j� o rn 7.4 rn � 1.7 1.8�r ^11.4 � rn 21.5 o 8.7 21.5 2.3/-' 1. ELEVATOR (M.F.L.C.E.)-- 22.1 ---STAIRS (M.F.L.C.E.) 03.70 of 6 0 --STAIRS (M.F.L.C.E.) 3. 7�4.7 0 Opp Lo o a; 6 o 229.6 8.4 98.2 oov 001+0 vv +U/.UV 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 0 2'2 M.F.L.C.E. 3.9 C.L.C.E. 46.9 7.4 (M.B.B.) L.A. (TYP.) CV N N Lq �1 r) 0 9.2 �---25.8 N cn ---STAIRS (M.F.L.C.E.) rn 8•0 Ln I z I W In r 9.1 w Lo 00 7 7 --ELEVATOR (M.F.L.C.E.) w 04 O O O O Q LJ J O 0 0 °' °' N N 7. 7 I� M z Un 8.5 N J II � w a; ELEVATOR LOBBY 94,L8O] 8.5 (M.F.L.C.E.) � - - � - DIMENSIONS 27.7 i NI o BENCHMARK N 00 UNIT 1 i THE EXTERII o ELEMENTS. FLOOR ELEVATION = 930.6 FEET Q w CEILING ELEVATION = 945.0 FET w UNIT 2 �w� ci co z � co 17.9 i J II FLOOR ELEVATION = 930.6 FEET u CEILING ELEVATION = 945.0 FET i N89045'06"E o °0 i 40.00 � I I I I 7.6 COMMERCIAL GARAGE 47.4 ------- - 1.5-�- �- 7.6 C.L.C.E. 17.9 CD 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 � 8.6 0.8 22.7 00 - ao �r7.4� 00 O ��9 1 .300 00 0.0� ' 40.4 ai ao 00 of 1.2cd 7.4 21.3 -0.9 1 r 11.3 ^ r10.0� 11.5 F� ��� 8.7 cn O 21.3 00 00 1.7 1_ -1 `0.6 r?1'5273 0 �5�� ELEVATOR (M.F.L.C.E.)--/ 21.7 0.5-,/ oo N M 4.5 22.1 rn i F 1.4- 39.4 _ of Pco 2 HALLWAY 69.9 40.8 C E. o ����J 6I Lo 70.5 Ki oo mac' UNIT 2 II M _ 9.7 -STAIRS (M.F.L.C.E.) 64.1 - -11.1- � 8.4 0 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