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HomeMy WebLinkAboutResolution 01-EDA148 . . . RESOLUTION NO. 01-EDA-148 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AND AUTHORIZING THE EXPENDITURE OF TAX INCREMENT FUNDS FOR THE ACQUISITION OF 3016 COUNTY ROAD H2 FOR THE PURPOSE OF FUTURE REDEVELOPMENT It is hereby resolved by the Board ofComll1issioners (the "Board") of the Mounds View Economic Development Authority (the "Authority") as follows: Section I. Recitals. 1.10 The Authority has the powers provided in Minnesota Statutes, Sections 469.124 to 469.134 and 469.090 to 469.108 (collectively, the "Act"). 1.02 Pursuant to and in furtherance of the objectives of the Act, the Authority has undertaken a program to promotc development and redevelopment of certain land within the City of Mounds View and in this connection is engaged in carrying out the Mounds View Economic Development Project (the "Project") within the City. 1.03 There has been approved pursuant to the Aet a Project Plan for the Project. 1.04 The redevelopment of property within thc Project is a stated objeetive of the Project Plan. 1.05 In order to achicve the objectives of the Projcct Plan, the Authority has determined to provide substantial aid and assistance through the financing of certain public costs of development. 1.06 It has been proposed that the Authority acquire the propcrty located in the City at 3016 County Road H2 (the "Property") and that thc Authority approve the purchase agreement and/or similar agreement(s) (collectively, thc "Agrecment") attached as "Appendix A" for the acquisition of the Property for the purposes ofredevclopment. Section 2. Resolved. 2.01 The Board hereby detcrnlines that the Authority's execution of the Agreement and the subsequent acquisition and redevelopment of the Propcrty would be in furtherance of the Project Plan and hereby approves and authorizes said actions, including the exccution of the Agrecment by the officers of the Authority in their discretion and at such timc, if any, as they may dcem appropriate. 2.02 Upon execution and delivery of the Agreement, the officers and employees of . . . RESOLUTION NO. OO-EDA-148 P AGE TWO OF TWO the Authority (including members of the City Staff, acting in their capacity as staff to the Authority as well) arc hereby authorized and directed to take or cause to be taken such actions as may be appropriate or necessary on behalf of the Authority to implement the Agreement, including the acquisition of the Property, which is being accomplished for redevelopment purposes. 2.03 That the Board of the Authority hereby determines that the execution and performance of the Agreement and acquisition of the Property will help realize the public purposes of the Act and are in furtherance of the Project Plan and authorizes the President and Executive Director to appropriate a maximum ofS155,000 in tax increment funds to purchase and rehabilitate the property located at 3016 County Road H2 for redevelopment purposes. Adopted by the Board of Commissioners of the Mounds View Economic Development Authority this 14th day of May 2001. ~- Rich Sonterre, President ATTEST: ~ Re~3:cutive Director Motion: Commissioner Quick Second: President Santerre Santerre: A Stigney: N Quick: A Marty: A Thomas: A . . . Appendix A: Purchase Ae:reement . . . V:>/ Vll/ V.I. <:.1.: J ( t'A.J.. IH~ '( lS.:j J.:jij~ ~UUl l,;l,U ut' M,V PURCHASE AGREEMENT 1.. PARTIES. This Purchase Agreement is made this 9th day of May, by and between Jack D. Gaudette, owner (the "Seller") and the MOUNDS VIEW ECONOMIC DEVELOPM.EJ.'\i'T AUTHORITY, a public body corporate and politic, 2401 Highway 10, Mounds View, M.."t"J 55112-1499 ("Buyer"). 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property") located at 3016 County Road H2, Mounds View, and legally described as follows; PLAT: KNOLLWOOD PARK, RAMSEY caUNTY LaT 37 SUBJECT TO ROAD EASEMENT, Mounds View, Minnesota according to the plat filed for record with the Ramsey County Rccorder 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances, including, but not limited to, garden bulbs, plants, shrubs, trees, and grass. 4. CONTINGENCY/ACCEPTAi.~CE DEADLINE. This Purchase Ah'l"eemen.t shall be presented to the Board of the Buyer within 6 days of the date it is submitted to Buyer, fully executed by Seller herein. Ifthe Buyer does not approve this Purchase Agreement, all Earnest Money shaH be refunded to the Buyer. 5. PERSONAL PROPERlY INCLUDED IN SALE. The following itcms of personal property and fixtures owned by Seller and clLrrently located on the Property are included in this sale: stonn windows and lnserts, storm doors, screens. awnings, window shades, blinds, cllrtain-traverse--drclpety rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, built-in appliances, water softeners, garbage disposals, installed carpeting, work benches, television antennas, refrigerator, washer, dryer, range/oven, and hood-fans. 6. PURCHASE PRICE AND TERMS. A. Purchase Price. The total Purchase Price for the rea) and personal property and fixtures included in this sale is one hundred fifty thousand and No/I00ths Dollars ($150,000.00). B. Terms. (1 ) PAYMENT OF PURCHASE PRICE TO SELLER. Buyer agrees to pay by check the amount of One Thousand five hundred and No/lOOths Dollars (SI500.00) as earnest money (the "Earnest . . . U~/U~/U~ ~~:J~ rA~ ~l~ 7~4 J4~~ l€JUU~ (.;U}: Ur 1\1V Money") to be deposited by Counselor Realty within ten (10) days after the date of this Agreement and held and disbursed under the terms of this Agreement on the Date of Closing. Buyer agrees to pay the Balance Due of One Hundred Forty-Eight Thousand Five Hlmdred and NollOOths Dollars ($148,500) in cash or by check on the Date of Closing according to the terms of this Purchase Agreement. (2) DEEDIMARKET ABLE TITLE. Subject to pcrfol'1!lance by Buyer. Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zonlllg laws, ordinances, state and federal regulations. b. Reservation of minerals OT mineral rights to the State of Minnesota. c. Utility and drainage easements. (3) DOCUMENTS TO BE DELNERED AT CLOSING. In addition to the Warranty Deed required in paragraph 6.B.(3) above, Seller shall deliver to Buyer: a. Affidavit of Seller. b. Such other documents as may be required by Buyer's title examiner or title insurance company. c. Waiver of relocation benefits. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS; COSTS A...~ PRORATIONS. Seller and Buyer agree to the following prorations and allocations of costs regarding this Purchase Agreement: A. Deed TaL Seller shall pay all state deed tax regarding a Warranty Deed and any other documents necessary to place record title in the condition warranted and to be delivered by Seller under this Agreement. B. Ta~es and Assessments. The real estate taxes due and payable in the year of closing will be homestead classification. Seller shall pay at or prior to closing all real estate taxes due and payable fOT the current year and prior years. The Seller and Buyer agree to prorate as of the date of actual closing all real estate taxes due and payable in the year of closing. Seller agrees to pay at closing any and all real estate . . . U:>/UII/Ul ll:J~ tAX 6U 7/!4 J462 ~UUJ (;!"!'}: Ut II1V taxes prorated to Seller. Buyer shall pay the real estate taxes due and payable in the year following the year of closing and thereafter. '111e Seller makes no warranties as to the real estate homestead tax. classification status of property in the year following the year of closing. Seller shall pay at or prior to closing the balance of all special assessments due and payable and levied as of the date of closing. Seller shall also pay all special assessments pending as of the date of this Purchase Agreement. if any. If the amount of the special assessments is not finally determined by the Closing Date, Seller agrees to escrow an amount equal to one and one-halftimes the estimated amount, which shall be used to pay the special assessments when levied.. Buyer shall assume special assessments that become pending after the date of this Purchase Agreement, except that Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees, snow removal, or other current services pTovided to the Property by the assessing authority while the Seller is in possession of the Property. C. Recording Costs. Seller shall pay the costs of recording all doclffilents necessary to place record title in the condition warranted. and the Buyer shall pay the cost of recording all other documents. 8. MARKETABILITY OF TITLE; COSTS TO CLEAR TITLE. Seller shall, within a reasonable time after signing this Agreement and at the expense of Seller, furnish an abstract oftide or registered property abstract certified to date to includc proper searches covering bankruptcies, all judgments, taxes, special assessments and liens. Buyer shall bc allowed fourteen (14) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Seller shall be allowed sixty (60) days to make such title marketable. Seller shall permit no additional encumbrances to be made upon the Property between the date of this Purchase Agreement and the Closing Date. If said title is not marketable and is not made so within sixty (60) days from the date of written objections thereto as above provided, this Agreement shall bc null and void; at option of Buyer, and neither party shall be liable for damages hereunder to the other party. All money theretofore paid by Buyer shall be refunded. Alternatively, if Buyer elects to proceed with this transaction, Seller shall bear any and all costs to clear title to the Property, including the cost of satisfying any mortgages or liens of record, if any. Tn the event Seller fails 10 clear title to the extent herein required, Buyer may clear title to the cxtent required and charge the cost of clearing title to the Seller, including attorney's fees, court costs, condemnation awards, amounts paid fOT releases, waivers or quit claims and all other costs actually incurred by Buyer, unless waived by Buyer. In the event that title to the Property cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and all money theretofore paid by Buyer sball be refunded to the Buyer. . . U5/U~/U1 21:J~ rAX 612 784 J462 CY~ -+f -.f. .~ . (;11'):' UJ-' MV 14]004 9. DEF A UL T. If the title to the Premises be found marketable or be so made within said time, and Buyer shall default in any of the covenants contained in this Agreement and continue into default for a period of ten (10) days, then and in that case, Seller may terminate this Agreement and on such termination all the payments made under this Agreement shall be retained by Sener as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this Agreement provided this Agreement shall not be tenllinated as aforesaid, and provided action to enforce such specific perfoIlIlance shall he commenced within six months after such right of action shall arise. 10. CLOSING DATE. The closing of the sale of the Property shall take place on or before, May 31, 2001, or at such earlier or later date as may be munlally agreed upon by the Seller and Buyer. 11. POSSESSION. The Seller shall deliver possession of the Property to Buyer at 11 :59 a.m. on the date of closing. in substantially the same condition as the PTOperty exists on the date ofmis Purchase Agreement, reasonable wear and teaT' excepted. 12. DAMAGES TO REAL PROPERTY. As Seller is presently in possession of the Property, if there is any loss or damage to the Property between the date hereof and the date of closing. for any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. Seller warrants that Sellcr presently has the Property pTOperly insured against any risk of loss. If the Property is desLroyed or substantially damaged prior to closing, or if the Property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in thc event of such rescission, the Earnest Money shall be refunded to Buyer. Ifsuch an event occurs, Buyer and Seller agree to sign a Cancellation of Purchase Agreement within a reasonable time after such event takes place. 13. CONDITION OF PROPERTY. Seller warrants that all fixtures, heating and air conditioning equipment, wiring, and plumbi.n and located on the property are in working order on the daLe of closing. Sel AS ~ had a wet basement or water in the basement. Seller discloses that the roo HA NOT leaked. Sellcr shall remove all deblis and all personal property not included in this sale from the Property before possession date. Seller has not received any nOLice from any governmental authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the Property. Seller's warranties and representations contained in this paragraph 13 shall survive the closing of this transaction. Buyer shall have the right to have inspections of the Property conducted prior Lo Closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the Property inspected.. Other than the representations made in this Purchase Agreement, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of constrUCtion, workmanship, or ..j- 2- tC ~?{~t'i ~ ~ (j}{I-C 2000, rJ2~ ,4 r/!u 7~~v- ~-~ ,~LL-- ~~~, . . . U:>/U~/Ul ll: \1U toA.J. 612 784 J46~ ~005 (; ,l'H Uto M. v fitness for any particular purpose. (This paragraph is not intended to waive or modify any provisions of Minn. Stat., Chapter 327A.) 14. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there IS NOT an individual sewage treatment system on or serving the Property. 1f the Property has a septic system, Seller agrees to provide water quality test results and/or septic system certification as required state law Or local ordinance. 15. CONDiTION OF SUBSOIL AND GROUND WATER; ENVIRONMENTAL WARRANTY. To the best of the Seller's knowledge there are no hazardous substances or underground storage tanks, except herein noted: Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or OCCUTTences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Scller agrees to indenmify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil Or groundwater of the Property or other adjacent properties which arise from or arc caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. Seller warnmts that to the best of the Seller's knowledge no toxic or hazardous substances, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyl, and any substance as defined or listed as "hazardous materials" or "toxic substances" or similarly identified in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.c. Section 9601-9657, as now or later amended, "hazardous materials" idcntified in or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. Section 1802, ct seq., as now Or later amended, "Hazardous Wastes" identified in or pursuant to The Resource Conservation and Recovery Act of 1976 ("ReRA"), 42 U.S.c. Section 6901 et scq., as now or latcr am.ended, any chemical substances or mixture regulated under the Toxic Substances Control Act of 1976, 15 U.S.c. Section 2601, et seq., as now or later amended, any "toxic pollutant" under the Clear Water Act, 33 U.S.c. Section 1251 et seq., as now or later amended, any hazardous air pollutant under the Clean Air Act, 42 U.S.c. Section 7901 et seq., as now or later amended, and any hazardous or toxic substance or pollutant now or later regulated under any other applicable federal, state Or local EnviromnentaI Laws, have been generated, treated, stored, released or disposed ot: or otheTWise deposited in or located on the Property, including without limitation, the surface and sub-surface waters of the Property, nor has any activity been undertaken on the PTOpeny which would cause the Property to become a hazardous waste treatment, stomge or disposal facility within the meaning of, or otherwise, bring the Property within the ambit of, any of the aforementioned acts or any similar state law or local ordinance or any other . . . ua/u~/u~ ~~;~~ rAA O~~ I~~ J~O~ I(fJ UUlS \.0111 ur ll1V Environmental Law. Seller also warrants that to the best of Seller's knowledge there are no substances or conditions ill or on the PTOperty which roay support a claim or cause of action under any of the aforementioned acts or any other federal, state or local environmental regulatory requirement and that no tmderground deposits which cause hazardous wastes or underground storage tanks of any type are located on the Property. This warranty shall survive the closing of this transaction. 16. WEIJL DISCLOSURE. The Seller has certified in a "Welt Disclosure Statement" that to the bt:St of the Seller's knowledge tbere are no wells present on the described real Property. 17. SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right-or-way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. The attached "Seller's Property Disclosure Statement" is true to the best of the Seller's knowledge. These warranties shall survive the closing of this transaction. 18. BROKERS A. The Buyer represents and warrants that there is no broker involved in this transaction with whom they have negotiated with OT to whOl11 they have agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer fOT any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. B. The Seller represents and warrants that Mary Olson of Counselor Realty is the Seller's Agent 19. RELOCATION BENEFITS. Seller expressly agrees to waive any and all relocation benefits, assistance and services, related to the Seller's ownership and activities on the Property to which Seller may be entitled by law, as a result of the transaction contemplated by this Purchase Agreement. Seller agrees to provide to Buyer at Closing an executed waiver ofre1ocation benefits as to these activities. 20. l\IERGER OF REPRESENTATIONS, WARRANTIES. An representations, warranties and agreements contained in this Purchase Agreement shall not be merged into any lnst:ruments or conveyance delivered at closing, and the parties shall be bound accordingly. 21. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement . . . U~/U~/UL ~L;~L ~A~ OL~ IO~ J~O~ \,,111. U~ l!1~ I{g UU-' constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated. herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 22. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors. administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller, and Seller shall give notice to Buyer of assignment of its interests in the manner prescribed in paragraph 23. 23. NOTICE. Any notice, demand, request or other communication which mayor shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Mary Olson Counselor Realty 13601 80th eiT N #300 Maple Grove, N1N 55369 b. lfto Buyer: Mounds View Economic Development Authority Attn: EDA Executive Director 2401 Highway 10 Mounds View, MN 55112 With copy to: Scott J. Riggs Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 24. SPECIFIC PERFORl\tlA1"lCF.. This Purchase Agreement may be specifically enforced by the parties. 25. ADDITIONAL DOCUMENTS. Buyer and Seller agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Purchase Agreement to correct any clerical errors in this Purchase Agreement and to provide allY and all additional doCllll1entation deemed necessary by either party to effectuate the transaction contemplated by this Purchase Agreement. 26. EXECUTION IN COUNTERPARTS. This Purchase Agreement may be exccuted in counterparts by the parties hereto. NOTICE: TInS IS A LEGALLY BINDING CONTRACT . . . 05/09/01 21:42 FAX 612 784 3462 CITY OF lIlV 141008 BETWEEN BUYER AND SELLER. IF YOU DESIRE LEGAL OR TAX ADVICE, CONS.ULT AN APPROPRIATE .PROFESSIONAL. IN \V1TNESS WHEREOF, the parties have executed this agreement as of the date written above. SELlER ~ ~1~t -~D. aaudette BUYER MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY BY~~ Jim Ericson, Community Development Director . . . U;)/U~/UL \,,111. U~ !Ill' ~UU~ ~L:~~ ~AA ~!~ 134 J~~~ counselor realty inc. 3. 4. 5, 1. 2. 6. INSTRUCTIONS TO BUYER: Buygrs are encouragecllD lhClnlughJy InspllCl the proPerty 13~i!llly Of' have it inspected by a 7, lhltd Party. and 10 Inquire about 8I'ly $pocilic areas of concern. B. 9. jO. 11, 1:!. 13. INSTRuCTJONS TO THE Se;LL.E~: (1) Complete tNs rorm yowselr. (2) ConSUlt prIor disClosure SI3tement(s) andlor inspealon rapor[(sl when completIng tills form. (~) Oescrltle 'condlti0l'l3 affecting l11C pt'Opsrty to the bE!Sl of YOIII' knowledge. If u/l5ure. Check. unknown where eppllcable. (4) Atraeh addItional p:ilges with your slgnalUre If additions I space Is reQUired. (5) Answer all questions.. (6) It any Items do nOl: apPlY. ~ "NA" (not appflcaOle). ~~~J~~(~tJ,,3-U?~tL ~~~~~ A. .G.ENE~Al INFORMATIm/' . ",,0 ~ 0) Wnen dla ~u purchase Or build tile hOme? / :1'7"7 .. (2) Type olli~e Evidence. AbsD'ac:t D ~ Locaucn Of Abstract or Owners OupDCSle Cercllicete Of T1tIe: <l,oJu...., Is tnere an exlsling Ownlll"s TItle Il'I$urance pOlicy? (~) Have you OCCUpied Ihls nome contJnuCI.IS1y fer the p8$l 12 months? If no. ox~: (4) Is the nome SlJitablc I'or year round use? (5) Is tIIa proDalt)' IOCilted in a de.;ignaleCllloOd plain? (6) Are you In POssession of prlor SellerS disclosure Slatemenl(s)? Or yes. please OIllSeh) Are there: (7) Enc:roec:hmenlS? (8) A3s0clauOIl. CovenanlS. Rcs!!Ml~ons or esulctions atr8Cl1ng 1118 we oflhe property? (9) 1!ll'3ement:s. Ol1lar man utllllY or clralnag aasem~nts? (10) Commen15; . Stale of ~...-n.~ -=. 14. 15. 16. 17. la. 19. 20. 21. 22, 23. 24. 25. 26. 2'. 28. .9. ~..:,C::~ (Torrens)~ UnlInown 0 YesD No ~ Unknown 0 'Ves[B-NOD Ye$ CiiY" No D YesC) No ~known CJ YesCJ No Ll:I- Vasa No ~knOwn D YesD No [B'"Unkno\Nl'l c:J YesD No cs--tJnknown c::::J , 1 .G~ERAI CONDmO]l: Have any of the following COtldltJon:; previously existed ot do they Cl.'f1"enU ~xi el) H.es there baen any damage by wind. fire. tlOOd or DIller a"'aster..~J? Yesl..:::r ~Ir ~_givedelailsofwhOltllls~enet!and~ w~:"'!f ;./A?>..4/e. on ntLK.. _'L7!t.t" ~se~.." /.7~~"'A~ . (2) Has lhe 5lI1JaIJre{s) been 8Iterecl7 O.e. aQdIlJons. aIlCrea rcor rIlleS. Cha~ ro Ioed llear1ng wells.)ves "yes. please specIfy whal was'dona. when and by whom (owner or conll'llCtCr): ;; 9'- r- ~ ~nk~D ,... '/ 30, B. 31. 32. 33, 34. 35. 36. 37, 3a. 39. 40. 41- 42. 43. C. 44. 45. 46. 47. ~a. 49. 50. 51. 52, 53. 54. 55. 56. 57. 59. 59. 60. S, . D. 62, 63. 64. 55. 66. E. 67. 68. 6S, 70, 71, ' 72. 73. 74. No 0 Uhknown 0 C./?-9.4'" .n_..~ (3) In:;ectlAnlmaVPe:st Inrestatlorl? _ ~ YesD No (41 Do you have or haVe you previously had eny PElcs?Yes 0 Nol!:nf YP.$, IndICate !YPe- tlnd number (:5l ComlT\QnlS: Ul'l~l'lown D STRUCTURAL ~. Heve 1Jny of lhe fOllOWIng condldcns prevlQU:l1y exISted or do they cunel1(/y exISl'1 CANslflofoo:; III'l't..V TO AU. ~ SUCH AS C'4ACE....O CUT1UILllING:;.1 (1) THE BASEMENT. CRAWLSPACE. SLAB ~ (e) Foundation problem Yes W No E' known 0 (e) Drain tile prOblem (b) FlOOding .' ~s 0 No 'NO 0 (0 CraCkea nOcrlwallS (e) Wet floorslwsllS Ves c::; NO ~nl<nown 0 Co) Sewer backul=l (d) Leakage/seepage Yes 0 No I:E"Unknown 0 (h) Other Give dstalls 10 any questlons answered "yes,' NO~kno\M'l 0 NO~known 0 No c::l UnknoWl'l ~_ No c::J Unknown L~ VesD vasa Yes Yes c::J 121 T~E R~~ Is the 1.196 of t/'Io 100""11 materi~l? 9' A":A(.r (Ill Hes there Dcen Intenor damage from Ice Dulld.up? (e) Has there been any leakage? (dl Mave tnere been lIIlY repairs or rllpla G' e der.al~ to any q " /2.., Years Unknown Cl Yes~ No ~ Unknown CJ 'res~.......... No CJ Un!<nown c:::J AVe:;~ ~ L2, Unkllown CJ e "'jP... L:'.... 7?J ~ATE SFwEJ;! SYSTFM DISCI OSUR~; (A Prtvate Sewer System Disclosure Is required by Minn. Statues 115.55) CheclC appropriate box (;31'ne Seiler does nO! know Of a privata sewer system en or serving [he above descrlbed raal property. o There is e private sewer syStem on or serving the above described real property. See PrlVElle Sewer System DiSclosure. o 'mere Is /In eb"ndoneo private .- system on the Stleve described r831 property. See Prlvece Sewer SY5lem Oisclosure. PR!\IATF WEll DISC! rnUR!": (A WeD Dl'sclosurs Statement and Certl/lc3ls are required by Minn. StatuQS , OJl .2~SI ~ppropriate box , seUer certifies !I'IOlt the seller does not know of any wells en the above descrlbetl real prOperty. , 'l11e :seiler cenIfIes !here 3re one or more well:; loceted on !he 1Jbcve dllSCl10e(l reel property. See Well lli..~, SllltElment. Are there 8rry weHs serving me above described property that are not 'cealed on lI1e property? Yas 0 No l!.d'" Un'<ncwn D Dilfe wCJI water !as rested for contamlnant:s: _ 'Test resuilS 3tladled Yea D No c:J CJ OOl1'1ments: ' Is ItIls property in a Special Well Con&ructlcJ1 Area? Yes D NO ~nkno"'n 0 Contaminated Well;, is there a wen on or serving Ille property contalnlrlg cornaminated WlIter? Yes CJ No B""UIl~nown 0 75.' ORIGINAL COPY TO Ll5nNG BROKER: COPIES TO SElliR.. BUYER, SELUNG BROKER MN: SPO:;'1 (9tes) " U5/UII/U1 ~1:4~ YAX 612 7~4 ~462 (;lT~ Ut- MV ~010 counselor realty inc. SELLER'S PROPERTY DISCLOSUR.E STATEMENT i6. Page 2 of PClges .17. THE. I~FORMATlOIII DISCLOSED IS GIVEN TO THE BEST OF THE SELLER'S KNOWLEDGE. 78. Property located ~t 79. F. ~ EXCll'S~~SCI O~URIO (Required by MimI. SrallJle 273.11. Subd.16) Check approprlale box. 80. Th~ IlS NOT an exclusion from mancet value fer home improVClT1el1lS on lhis property. My valuallon excIuslcr1 wiD B 1. lemunal~ upon sale of \tie proPEln;t. ana [he properly'S e:mmstecl mar1cet value for propell}' l31. purposes will increase. If a 82. valuation exclusion exisES. buyers are encourllged [0 look lnro l11e resulting tax consequences. 83. Additional CommenES . 84. G. APPIIANC.ES HEATING. PtlIMBINr.: ELECTRICAl A.NO OTHfl:R. MECHANICAL SYsTEMS _ 85. NOTE: This seaion ~ers Only lD It.e INOrl<lng condillon of1he rQ!lcMng iIml5. An~'werS apply lD aU S1.lCh 1rems unless otherwis e 86. noted Ir1 COmmenlS bOON. Personal propety is Induded in !he sale ONLY IF speclflcally refsr.lnc:ed In thl! Pvrchase Agreement . 87_ Cross Qui only those ilems not ph~ically localSd Ol'Il11e property. a8. In WOrl<ing Order In Working Order 11'\ WOrking Order ~~: Air Con4il.ioning ~ Healing System (CenlTaO ~ ~ I:i ~ 91. CcI11rllIL.J.WaIlO.W"ltldCW~'-' ""Q>lt<"S~YlllaAl!€l:IpplemefO~ 0 0 1VCableSySUllll ~ 0 97.. Ceiling Fan ~ 0 -lllelFlaralSr 0 CJ""J"'ll' ~"...!lll:... ~ 0 0 93. .J)i;c~ ~ ~ f2( ~-'l'~ 8 B Rented Owned CJ ~~: ~~~~~SYSlem-<- Q.. 8 ~c. SYSI5)Al [;L..O ~~~~d'Ere~d DO~O 96. Dryer. lJQ - 0 Plumbing ~ 0 Wasner . 0 97. Elec:tncal System [j3' 0 ~el 81'11ll 'Sq";pm..nt 0 0 Water HeatQt . 0 96. €4hc....:;t l:;i3tel'll- 0 0 Range/OVen Gr'"" 0 IN.-ter 1il!!al"LJ~~~\"'''''' 0 0 99. F'~~rlFlk!~r 5)'5le_ ~ 8 'RQ"'!le tloed Q ......0 Rented Owned 0-.-"" 100. Fireplace lD'" RerrigE!l'8tOr ~ 0 Windows ~ 0 101. Fireplace Mechanisms (Q/'D ~my ::'YSI~rrr- Cl CJ Window TreatmentS [g-""' 0 102. '....n..Q ....""'KllIieF- 0 0 RentedD Owned 0 ~fAip" rIO"" 103~rc~IO' 0 .LJ Smoke Detectors (aa!tely) ~ 0 Other 0 0 104. Garage Door Opener (GOO) u;;r""-OB S~ecb."I" (ll.!l,'-'..Met 0 0 Other 0 0 105. ...oCEle ,~"..... ...verse- 0 ~eete"S- 0 0 Other 0 0 106. GOO Remote ClJ-"'D Soo"'p Pllmr Q./O Other 8 0 107..~"ay.. ij~J..lu,,*,, 0 0 TcllelMechanisms I.!:!:r 0 Oi11er 0 108. . I - ~~f8"'~ 0 0 9!h~ CJ 0 109. Comments WAfh.L:Z - O~.I4!~ . I \ tJv-l- ~~-/., A~r ~.#~~ 110. . '.11. 112. 113. .~~;: 16. 17. 118. 119. 120. 121. H. ~RONMENTAL CONCI;RN~: ~ Asbestos? Yes 0 No QJ.!)lcnown ~ LeaCl7(palnt.plumbing.ete:.) Soli Problems? Yes 0 No [Brnknown B Radon? Formaldehyde? Yes 0 No ~~own Diseas9d Trees? Hazardous Substances? Yes D No [gc1iJknown 0 Underground Storage Tanks? HilZllrdOUS Wastes? Yes 0 No CDtfriknown 0 Other? Give delails to any question answered 'yes.. Yes DNa 0 Unktlown ~ Yes 0 No 0 Unknown ~..:- Yes 0 No t:;:L;.Inknown ~ Yes DNo [8" Unknown CJ Yes 0 No 0 Unknown 0 122. l. OTHER DEFECTS: 123. Are there any other derects In or on the property? If yes. explain below: 124. 1,S. Yes 010 0 Unknown ~ 126. J. AO.OrnoNAI COMMENTS- 121. 126. 129. 1JO. 131. LISTING BROKER AND AGENTS MAKE NO REPRESENi ATrONS ANO ARE 132. NOT RESPONSIBL.E FOR ANY CONOITIONS EXISTING IN THE PROPER TY. 133. K. S!;,U FR'S SiATFME~T' (To t:le Sign~d at time or listing) 134. The SelIer(sl htn!by StaleS \he condillon of !he ~ fD be as ~teO above ana aulhoriul? ~ Agenr(sl rstlTesentlng any- 135. P3ny(~) in !his vansacion 10 provide a copy of this SliIrement lD any person or ~ In connecoon W11h any ac:1Ja1 or anliclpa red 136~S3leor~ope~ .. 137. _ _ Q ~....RxL S-:a2.-0 L ~ IS....I 138. L. BU~R'S ACKNOWLEDGM!:NT' (To bll Signed at Ume of purChase agreement) 139. Irwe. the Buyer(s) of the property acknowledge fCCl;!ipl of the Sellws Property Oisclosure STl'llemGnt and agree lhl;l no 1 to. presentations regarding the c:ondltlon or the property have l:leQn m!lde Otl'ler Ihsn those made above. s- 11)""'1 141. 142. 1&3. 144. .145. ,- 1Ila"', 15>>lJ..1 146. ORIGINAL COpy TO LISTING BROKER: COPIES TO SEl.l.ER. BUYER. SEt. LING BROKER MN:SPDS-2 (9i99) lCM) eX~ept 11>oocl