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091712completeagenda CITY OF RICHFIELD, MINNESOTA MONDAY, SEPTEMBER 17, 2012 RICHFIELD MUNICIPAL CENTER 6700 PORTLAND AVENUE REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING COUNCIL CHAMBERS 7:00 P.M. AGENDA Call to order Roll call 1. Approval of minutes of (1) Special HRA/City Council/Planning Commission Worksession of August 20, 2012 and (2) Regular HRA Meeting of August 20, 2012 2. HRA approval of agenda 3. Consent Calendar contains several separate items which are acted upon by the HRA in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further HRA action on these items is necessary. However, any HRA Commissioner may request that an item be removed from the Consent Calendar and placed on the regular agenda for HRA discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of resolution authorizing purchase of real property located at 6310 Irving Avenue through New Home Program S.R. No. 41 Notes: 4. Public hearing regarding resolution authorizing sale of 7220 Russell Avenue to Matthew and Jennifer Lux and contract for private development with Matthew and Jennifer Lux for construction of single family home under Richfield Rediscovered Program Staff Report No. 42 Notes: 5. Consideration of contract for private development between HRA and Noilya Muharamova for redevelopment of 6500 Logan Avenue under Richfield Rediscovered Program and subordination request of HRA's lien to allow applicant to secure construction financing Staff Report No. 43 Notes: 6. HRA discussion items Notes: 7. Executive Director Report Notes: 8. Claims and Payroll Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861-9738. HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES .00:ee Richfield, Minnesota Special HRA/City Council/Planning Commission Worksession August 20, 2012 CALL TO ORDER The meeting was called to order by Chair Sandahl at 5:45 p.m. in the Bartholomew Room. ROLL CALL Planning Members Debbie Goettel, Mayor; Pat Elliott; Fred Wroge; Tom Fitzhenry; and Sue Absent: Sandahl HRA Members Sue Sandahl, Chair; David Gepner (arrived 5:50 p.m.); Steven J. Quam; and Present: Debbie Goettel HRA Members Doris Rubenstein Absent: Planning Members Rick Jabs, Chair; Robert Hall, Daniel Kitzberger; Tom Rublein; Dennis Present: Schuller; and Maureen Scaglia (arrived 5:50 p.m.) Planning Members Gordon Vizecky and Josh Root Absent: Staff Present: Steven L. Devich, City Manager/HRA Executive Director; John Stark, Community Development Director; and Nancy Gibbs, City Clerk Item #1 DISCUSSION REGARDING RICHFIELD HOUSING POLICY(HRA MEMO NO. 41, COUNCIL MEMO NO. 96) Community Development Director Stark provided a PowerPoint presentation regarding Richfield Housing Policy. After much discussion the consensus was to form a task force led by a facilitator and consisting of various groups within the community and some outside organizations, such as the Metropolitan Council. Special Worksession Minutes -2- August 20, 2012 Community Development Director Stark stated he would provide a memo to all members with suggested categories of people to fill technical advisory roles, names of facilitators and their credentials, a futurist, and a schedule that will start the group to move forward. ADJOURNMENT The HRA/City Council/Planning Commission worksession was adjourned by unanimous consent at 6:55 p.m. Date Approved: September 17, 2012 Suzanne M. Sandahl Chair Nancy Gibbs Steven L. Devich City Clerk Executive Director HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES geeeqieed Richfield, Minnesota Regular Meeting August 20, 2012 CALL TO ORDER The meeting was called to order by Chair Sandahl at 7:03 p.m. ROLL CALL HRA Members Sue Sandahl, Chair; Steven J. Quam; Debbie Goettel; and David Gepner Present: HRA Members Doris Rubenstein Absent: Staff Present: Steven L. Devich, Executive Director; John Stark, Community Development Director; Chris Regis, Finance Manager; Julie Eddington, HRA Attorney; and Nancy Gibbs, City Clerk Item #1 APPROVAL OF MINUTES OF (1) REGULAR HRA MEETING OF JULY 16, 2012 M/Goettel, S/Gepner to approve the minutes of(1) Regular HRA Meeting of July 16, 2012. Motion carried 4-0. Item #2 HRA APPROVAL OF AGENDA M/Goettel, S/Quam to approve the agenda. Motion carried 4-0. Item #3 CONSENT CALENDAR A. Consideration of approval of resolution authorizing execution of amended and restated Tax Increment Pledge Agreement with City of Richfield relating to $2,985,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2012B S.R. No. 34 HRA Meeting -2- August 20,2012 HRA RESOLUTION NO. 1125 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT WITH THE CITY OF RICHFIELD RELATING TO THE CITY'S TAXABLE GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2012B, IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $2,985,000 This resolution appears as HRA Resolution No. 1125. B. Consideration of resolution accepting monetary contributions for Community Development events and programs S.R. No. 35 HRA RESOLUTION NO. 1126 RESOLUTION AUTHORIZING RICHFIELD COMMUNITY DEVELOPMENT DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED BUSINESSES FOR DESIGNATED USES This resolution appears as HRA Resolution No. 1126. M/Goettel, S/Gepner to approve the Consent Calendar. Motion carried 4-0. Item #4 PRESENTATION AND CONSIDERATION OF ACCEPTING RICHFIELD HRA ANNUAL TAX INCREMENT DISTRICT STATUS UPDATE S.R. NO. 36 Rebecca Kurtz, Ehlers and Associates, presented the HRA annual Tax Increment District status update. M/Goettel, S/Quam to approve the Richfield HRA annual Tax Increment District status update. Motion carried 4-0. Item #5 PUBLIC HEARING REGARDING RESOLUTION AUTHORIZING SALE OF 7326 SHERIDAN AVENUE TO ENDRES CUSTOM HOMES, INC. AND EXECUTION OF CONTRACT FOR PRIVATE DEVELOPMENT WITH ENDRES CUSTOM HOMES, INC. FOR CONSTRUCTION OF SINGLE FAMILY HOME UNDER RICHFIELD REDISCOVERED PROGRAM S.R. NO. 37 Community Development Director Stark presented Staff Report No. 37. Dustin Endres, Endres Custom Homes, Inc., was available for questions. M/Goettel, S/Gepner to close public hearing. Motion carried 4-0. HRA Meeting -3- August 20,2012 M/Gepner, S/Goettel that the following resolution be adopted and that it be made part of these minutes: HRA RESOLUTION NO. 1127 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7326 SHERIDAN TO ENDRES CUSTOM HOMES, INC This resolution appears as HRA Resolution No. 1127. Motion carried 4-0. Item #6 CONSIDERATION OF REQUEST TO FORGIVE NEW HOME SECOND MORTGAGE PROVIDED TO ANDREW AND PATTY BEGGS, 6321 MORGAN AVENUE S.R. NO. 38 Community Development Director Stark presented Staff Report No. 38. HRA Attorney Eddington explained differences in promissory notes and why this request is so complicated. Commissioner Quam amended the original motion. M/Quam, S/Gepner to approve consideration of request to forgive New Home second mortgage provided to Andrew and Patty Beggs, 6321 Morgan Avenue, with the following conditions, that the mortgage be amended to provide that the loan is due and payable upon sale or transfer, provided however that if the HRA is advised by the City Attorney that a certain date must be included in the mortgage amendment, then the mortgage shall be amended to provide that the loan is due and payable upon sale or transfer or 10 years following the mortgage amendment, whichever is earliest. Motion carried 4-0. Item #7 CONSIDERATION OF PROPOSED SETTLEMENT MADE BY OWNER OF 1709— 72ND STREET WEST FOR FORGIVENESS OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT DEFERRED LOAN S.R. NO. 39 Community Development Director Stark presented Staff Report No. 39. Cheri Freeman Murch, 1709 —72nd Street West, was available for questions. Chair Sandahl amended the proposed settlement so that the HRA will forgive the balance necessary to allow the property to close provided that if there are any excess funds available to the home owner that they be paid to the HRA to pay the balance on the loan. M/Goettel, S/Quam to approve amended proposed settlement made by owner of 1709— 72nd Street West for forgiveness of Housing and Urban Development Community Development Block Grant Deferred Loan. Motion carried 4-0. HRA Meeting -4- August 20,2012 Item #8 CONSIDERATION OF RESOLUTIONS APPROVING 2013 PROPOSED HRA BUDGET AND TAX LEVY AND 2012 REVISED HRA BUDGET S.R. NO. 40 Community Development Director Stark presented Staff Report No. 40. Commissioner Quam objected to marketing of property at 2517—76th Street West for the development of affordable housing. Community Development Director Stark agreed with objection at this time. M/Goettel, S/Gepner that the following resolutions be adopted and that they be made part of these minutes: HRA RESOLUTION NO. 1128 RESOLUTION APPROVING PROPOSED 2013 HOUSING AND REDEVELOPMENT AUTHORITY BUDGET AND CERTIFYING THE 2013 TAX LEVY This resolution appears as HRA Resolution No. 1128. HRA RESOLUTION NO. 1129 RESOLUTION AUTHORIZING REVISION OF THE 2012 BUDGET OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD This resolution appears as HRA Resolution No. 1129. Motion carried 4-0. Item #9 HRA DISCUSSION ITEMS Commissioner Quam stated that Pizza Luce is open and a good addition to our community. Commissioner Goettel asked if there was any update on the houses across from Target. Executive Director Devich responded the City is currently waiting for an agreement with the watershed district which is expected in the next few weeks. Commissioner Gepner asked why the watershed district is involved. HRA Attorney Eddington responded that the City and watershed district are working cooperatively. She explained the agreement needs to be completed before the City can finalize anything with those homeowners. Item #10 EXECUTIVE DIRECTOR REPORT None. HRA Meeting -5- August 20,2012 Item #10 CLAIMS AND PAYROLL M/Gepner, S/Quam that the following claims and payrolls be approved: U.S BANK 08/20/2012 Section 8 Checks: 122246-122369 $ 156,951.17 HRA Checks: 31531-31557 $ 455,417.57 TOTAL $ 612,368.74 Motion carried 4-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:35 p.m. Date Approved: September 17, 2012 Suzanne M. Sandahl Chair Nancy Gibbs Steven L. Devich City Clerk Executive Director AGENDA ITEM#: 3A REPORT#: 41 =Ad STAFF REPORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 17, 2012 REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON,HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: KAREN BARTON,ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 12 J allik, 7-..--- Vs ." REVIEWED BY EXECUTIVE DIRECTOR: `` 0 , /, ..______.AIN...."' ITEM FOR HRA CONSIDERATION: Consideration of a resolution authorizing the purchase of real property located at 6310 Irving Avenue through the New Home Program. I. RECOMMENDED ACTION: By Motion: Approve the attached resolution authorizing the purchase of real property located at 6310 Irving Avenue through the New Home Program. \ II. BACKGROUND The owner of 6310 Irving Avenue approached staff and expressed an interest in selling the property to the Housing and Redevelopment Authority (HRA). Built in 1948, the house has two bedrooms, 760 square feet in total, and has no basement. The small size makes it difficult to market in an as-is condition and expansion would be economically and functionally impractical. The house is located on a 40-foot wide, 5,120 square foot lot with access to an unimproved alley. The property would be developed for affordable housing under the New Home Program. Established in 1978, the New Home Program allows the HRA to purchase substandard property, demolish the existing home and sell the property to a nonprofit developer with plans to build a new affordable home. 09172012 6310 Irving Acq.doc The agreed purchase price of the property is $52,000 plus closing costs and will be paid through the HRA's Housing and Redevelopment Fund. This expense is provided for in the 2012 Budget. III. BASIS OF RECOMMENDATION A. POLICY • The Richfield Comprehensive Plan calls for the City to "Promote the development, management, and maintenance of affordable housing in the City." Acquiring this property would allow the replacement of a functionally obsolete property with a newly constructed, affordable home that offers features desirable to families. • The HRA has demonstrated success through its New Home Program in removing substandard housing and providing affordable replacement housing for families. B. CRITICAL TIMING ISSUES • The Seller initiated a voluntary sale with the HRA. • Purchase of this property by the HRA will result in the replacement of a substandard, functionally obsolete house with an affordable family house that offers desirable features in today's market. • A nonprofit developer will be identified in the future. C. FINANCIAL • Due to the current housing market, the HRA is able to acquire the property at a very reasonable price of$52,000 plus closing costs. The current assessed value is $118,000 with a land value of$62,000. • Funds are available for the acquisition through the Housing and Redevelopment Fund. • Funding for this activity has been budgeted for in the HRA's 2012 Budget. D. LEGAL • Legal Counsel drafted the Purchase Agreement. IV. ALTERNATIVE RECOMMENDATION(S) • Do not authorize the purchase of the property. V. ATTACHMENTS • Resolution • Purchase Agreement • Photo of existing structure VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A 3A 1 HRA RESOLUTION NO. RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY LOCATED AT 6310 IRVING AVENUE WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota ("the HRA") desires to purchase certain real property pursuant to and in furtherance of the New Home Program, said property being described as: 6310 Irving Avenue Lot 4, Block 6, "Ray's Lynnhurst" WHEREAS, the HRA is authorized by Minnesota Statutes Section 469.012 to acquire real property within its area of operation; and WHEREAS, Housing and Redevelopment Funds are available for acquisition purposes. NOW THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the City of Richfield: 1. The purchase price for the property identified is approved at $52,000, plus closing costs, not to exceed $60,000. 2. The Chairperson and Executive Director are authorized to execute a Purchase Agreement and to take other actions necessary to purchase the property for the amount set forth in this resolution. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota on this 17th day of September, 2012. Suzanne M. Sandahl, Chair ATTEST: Doris Rubenstein, Secretary PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of , .t.Gu-f 7 , 2012, by and between Mary Schnacky, single ("Seller") and the Housing and Redevelopment Authority in and for the City of Richfield , a public body corporate and politic under the laws of the State of Minnesota ("BRA"or"Buyer"). RECITALS A. Seller is the owner of property located at 6310 Irving Avenue South, Richfield, Minnesota,which is legally described on the attached Exhibit A("Property"). B. The Property includes includes all plants, shrubs and trees, storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse- drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, water heater, heating system, humidifier, central air conditioning, electronic air filter, automatic garage door opener with controls,water softener, cable television outlets and cabling, and built-ins, including dishwasher, garbage disposal, trash compactor, oven(s),cook. ..tcp.stmte, microwave oven, hood-fan, intercom and installed carpeting located on the premises which are the property of Seller. The property also includes the following personal property: NONE. Seller is responsible for removal of all personal property. Seller may remove the following items, provided Seller does not cause any unnecessary damage to the Property: LOU-S k -r/Air/et- 540V refir I e r cd v r- AGREEMENT 1. Offer/Acceptance for Sale of Property. The Seller agrees to sell to the HRA the Property and the HRA agrees to purchase the same,according to the terms of this Agreement. 2. Purchase Price for Property and Terms. A. PURCHASE PRICE: The total purchase price for the Property is fifty-two thousand and 00/100ths Dollars($52,000.00)(the"Purchase Price"). B. TERMS: (1): EARNEST MONEY. The sum of zero Dollars ($0.00) (the "Earnest Money") shall be paid by the Buyer to the Seller. (2): BALANCE DUE SELLER: Buyer agrees to pay by check or electronic 1 408917v1 CIiR ItC125-324 transfer of funds on the date of closing on the Property (the "Closing Date") any remaining balance of the Purchase Price due to Seller according to the terms of this Agreement. (3): DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed or Personal Representative's Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. (4): DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. In addition to the Warranty Deed required at paragraph 2B(3) above, Seller shall deliver to the Buyer: a. Standard form Affidavit of Seller. b. A"bring-down"certificate, certifying that all of the warranties made by Sellers in this Purchase Agreement remain true as of the Closing Date. c. Certificate that Seller is not a foreign national. d. If an environmental investigation by or on behalf of the Buyer discloses the existence of petroleum product or other pollutant, contaminant or other hazardous substance on the Property, either (i) a closure letter from the Minnesota Pollution Control Agency (MPCA) or other appropriate regulatory authority that remediation has been completed to the satisfaction of the MPCA or other authority; or (ii) Agreement for remediation/indemnification and security as the HRA may require. e. Well disclosure certification, if required, or, if there is no well on the Property, the Warranty Deed given pursuant to paragraph 2B(3) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property." If Seller is unaware of the location of a well and there is a building 2 408917v1 C 13R RC 125-324 permit issued for the Property prior to installation of a City water system, the Seller agrees to have a licensed well contractor examine the Property for purposes of locating a well. Seller agrees to have all wells that are located on the Property which are not in use sealed by a licensed well contractor at Seller's expense. Seller agrees to escrow funds on the Closing Date for the purpose of locating and sealing wells if circumstances prohibit locating and sealing wells prior to closing. f. Any other documents reasonably required by the HRA's title insurance company or attorney to evidence that title to the Property is marketable and that Seller has complied with the terms of this Purchase Agreement. 3. Contingencies. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 4 of this Agreement. b. Buyer's determination, in its sole discretion, that the results of any environmental investigation of the Property conducted pursuant to this Agreement are satisfactory to Buyer; c. The parties acknowledge that the Richfield zoning ordinance requires that lots in the R district meet certain minimum lot width, and area requirements. If these standards are not met, one or more variances will be necessary prior to construction of a new dwelling on the property. If the City does not issue all variances necessary to make the property a buildable lot within the meaning of the zoning ordinance, the Buyer at its sole discretion may cancel this Purchase Agreement; and d. Approval of this Agreement by the HRA's Board. Buyer shall have until the Closing Date to remove the foregoing contingencies. The contingencies at a. b. and c. are solely for the benefit of Buyer and may be waived by Buyer. The contingency at d. may not be waived by either party. If Buyer or its attorney gives written notice to Seller that the contingencies at a., b. c, and d. are duly satisfied or waived, the Buyer and Seller shall proceed to close the transaction as contemplated herein. If one or more of Buyer's contingencies is not satisfied, or is not satisfied on time, and is not waived, this Purchase Agreement shall thereupon be void at the written option of Buyer and Seller shall return the Earnest Money to Buyer, if any, and Buyer and Seller shall execute and deliver to each other a termination of this Agreement. As a contingent Purchase Agreement,the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.21,et.seq. 4. Title Examination/Curing Title Defects. As soon as reasonably possible after 3 408917v1('BR RC125-324 execution of this Agreement by both parties, (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in Seller's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The Seller shall have 90 days from the date of such objection to affect a cure; provided,however, that the Seller shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect to close notwithstanding the uncured objections or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder. 5. Environmental Investigation. The Seller warrants that the Property has not been used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Seller has owned the Property. The Seller further warrants that the Seller has no knowledge or information of any fact which would indicate the Property was used for production, storage, deposit or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Seller purchased the Property. Notwithstanding the above, the Seller's warranty regarding petroleum products does not preclude the presence of heating oil or other similar products used as a heating fuel for the dwelling but the Seller does warrant that if there was a fuel tank on the Property used for the storage of heating oil or other similar product, the Seller has no knowledge of any leak in the tank or contamination caused thereby. Seller hereby grants to Buyer and Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment. The Buyer is required to perform an environmental assessment prior to committing federal Community Development Block Grant (CDBG) funds. Further, the Buyer or Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as Buyer may deem reasonable to determine the presence of any toxic or hazardous waste, substance, or petroleum product or asbestos product, and ascertain soil conditions on the Property. Buyer shall bear the cost of the environmental assessment. If the results of the environmental assessment are not to the satisfaction of the Buyer, including a release from environmental conditions related to the commitment and expenditure of CDBG funds, the Buyer at its sole discretion may cancel this Purchase Agreement. If the Buyer cancels this Purchase Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. 6. Real Estate Taxes and Special Assessments. Real estate taxes payable in the year of closing will be pro-rated between the Buyer and Seller to the Closing Date. Seller shall pay all real estate taxes payable in previous years, the entire unpaid balance of special assessments, and all installments of special assessments levied and pending, including special assessments 4 408917v1 C[3R RC125-324 installments payable after the year of closing. Seller also agrees to pay all assessments related to service charges furnished to the Property prior to the Closing Date (e.g., delinquent water or sewer bills, removed or diseased trees), including those charges levied, pending, or certified to taxes payable in the year of closing. If closing occurs prior to the date the amount of real estate taxes due in the year of closing are available from Hennepin County, the current year's taxes will be pro-rated based on the amount due in the prior year. 7. Closing Date. The date of closing will be on or before Qct o hoer 15, 2012,.Delivery of all papers and the closing shall be made at the offices of HRA, 6700 Portland Avenue South, Richfield, Minnesota 55423, or at such other location as is mutually agreed upon by the parties. All deliveries and notices to HRA shall be made to the above address and marked to the attention of Housing Specialist. 8. Possession/Utilities/Removal of Property/Escrow. (a) Possession. The Seller agrees to deliver possession not later than the Closing Date. (b)Utilities. City water and sewer charges, electricity and natural gas charges, fuel oil and liquid petroleum gas shall be pro-rated between the parties as of the Closing Date. Seller shall arrange for final readings as of the Closing Date. (c) Personal Property. The Seller agrees to remove all debris and all personal property not included herein from the Property before the possession date. Personal property not so removed shall be deemed forfeited to and shall become the property of the Buyer. The Buyer may inspect the Property immediately prior to closing and deduct from the purchase price payable at closing an amount reasonably necessary to pay for the cost of removal of any debris or personal property then remaining on the Property. The provisions of this paragraph shall not merge with the deed and shall survive closing on the property. (d) Escrow. Seller agrees that, at closing, the HRA may retain Five Hundred Dollars ($500.00) from the purchase price for the Property as an Escrow for payment of personal property removal, disposal charges and utility charges. The retained amount, less deductions provided for this in paragraph 8, will be delivered to Seller no later than 60 days following the Closing Date or delivery of possession, whichever is later. Said funds shall be held by Kennedy & Graven, Chartered, as Escrow Agent, pursuant to the terns of the Escrow Agreement attached here as Exhibit C. (e) The HRA's ability to deduct amounts due under this paragraph from the retained escrow is not exclusive but is in addition to the HRA's rights at law and equity to collect such amounts from Seller. The Seller is responsible for the amounts due under this paragraph even if: (i) the HRA neglects to deduct the amount from escrow; or (ii) the escrowed amount is insufficient to pay all amounts due under this paragraph 8. 5 408917r1 CBR RC 125-324 9. Seller Warranties. (a) Sewer and water. Seller warrants that the Property is connected to City sewer and City water. (b) Mechanics' Liens. Seller warrants that, prior to the closing, Seller shall pay in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure upon or improvement to the Property. (c) Notices. Seller warrants that it has not received any notice from any governmental authority as to violation of any law, ordinance or regulation in connection with the Property. (d) Tenants. Seller warrants that the Property is not now occupied by tenants and was not occupied by tenants at the time the Seller first received the Buyer's written offer to purchase the Property. (e) Broker Commission. Each party represents to the other that it has not utilized the services of any real estate broker or agent in connection with this Purchase Agreement or the transaction contemplated by this Purchase Agreement. Each party agrees to indemnify, defend, and hold harmless the other party against and in respect of any such obligation and liability based in any way upon agreements, arrangements, or understandings made or claimed to have been made by the party with any third person. (f) Structures. The Seller warrants that the buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge that the Property is being sold in "as is" condition relating to the structural, operational, and mechanical systems. 10. Closing Costs/Recording Fees/Deed Tax. The HRA will pay: (a)the closing fees charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement; (b) fees for title evidence obtained by the HRA; and (c)the recording fee for the deed transferring title to the HRA. Seller will pay all other fees normally paid by sellers, including (a) any transfer taxes, recording fees and Well Disclosure fees required to enable the HRA to record its deed from Seller under this Agreement, and (b) fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. 11. Inspections. From the date of this Agreement to the Closing Date, HRA, its employees and agents, shall be entitled to enter upon the Property to conduct such surveying, inspections, investigations, soil borings and testing, and drilling, monitoring, sampling and testing of groundwater monitoring wells, as the HRA shall elect; provided, that Seller is given at least 24 hours' notice. 6 408917v 1 CI3R RC 125-324 12. Risk of Loss. It there is any loss or damage to the Property between the date hereof and the Closing Date, for any reason including fire,vandalism, flood,earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the closing date,this Purchase Agreement shall become null and void, at the HRA's option. At the request of the HRA, Seller agrees to sign a cancellation of Purchase Agreement. 13. Default/Remedies. If the Buyer defaults in any of the covenants herein, the Seller may terminate this Purchase Agreement, and on such termination all payments made hereunder shall be retained by the Seller as liquidated damages, time being of the essence. This provision shall not deprive either party of the right to enforce specific performance of this Purchase Agreement,provided this Purchase Agreement has not terminated and action to enforce specific performance is commenced within six months after such right of action arises. In the event the Buyer defaults in its performance of the terms of this Purchase Agreement and Notice of Cancellation is served upon the Buyer pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty(30)days as permitted by Minn. Stat., Section 559.21, Subd. 4. 14. Notice.Any notice,demand,request or other communication which may or shall be given or served by the parties,shall be deemed to have been given or served on the date the same is personally served upon one of the following indicated recipients for notices or is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid and addressed as follows: SELLER: Mary Schnacky 6310 Irving Ave S Richfield, MN 55423 BUYER: Housing and Redevelopment Authority of the City of Richfield Attn: Housing Specialist 6700 Portland Avenue South Richfield, MN 55423 AGENT: Kennedy& Graven, Chartered ATTN: Julie Eddington and Catherine B. Rocklitz 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 15. Entire Agreement. This Purchase Agreement, Exhibits, and other amendments signed by the parties, shall constitute the entire Agreement between Seller and the HRA and supersedes any other written or oral agreements between the parties relating to the Property. This Purchase Agreement can be modified only in a writing properly signed on behalf of Seller and the HRA. 16. Survival. Notwithstanding any other provisions of law or court decision to the contrary,the provisions of this Purchase Agreement shall survive closing. 7 408917v1 C131t RC 125-324 IN WITNESS WHEREOF,the undersigned have executed this Agreement on the date and year above. Buyer: Housing and Redevelopment Authority Seller: of the City of Richfield ri ikta „ScAludy By: Mar Y Schnacky Its Chair And by: Its Executive Director 8 408917v1 C'BR RC 125-324 ', . ‘.7,,..n..7 .. gl ,,- :‘,4004441.,:,)-4,4, .■,'!;-.1...444..f.ii;.;„. rS • -'" ' '- '"J•,i,..ii,f-:,:f740044. 1,-,,,,t8,i,.;',''‘4';,..;:E'1,..,,,,,,I .,:Ip...'''4..‘.!.:,:ft.:::.: ft 4 � �ZZ'� 'G YY{ -. '� � � h y r �+�� tfs ?"�u� i , ,,s: _ ,,..„. ,,............„6„,..,,,,„,„„,,,i,„:: ' kn Y �T�,4 ia's�lJ.f2t ,�' cl�' CrYC I :� a�� ,1,-.-....4,.,,,,, < +� H, 0 f—V AGENDA ITEM#: 4 REPORT#: 42 =mad STAFF REPORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 17, 2012 REPORT PREPARED BY: KATE AITCHISON/JULIE URBAN,HOUSING SPECIALIST NAME, TITLE REPORT PRESENTER: KAREN BARTON, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: 0 / ./ ►/� SIGNAT REVIEWED BY EXECUTIVE DIRECTOR' , `�; ` '�j ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7220 Russell Avenue to Matthew and Jennifer Lux; and consideration of a Contract for Private Development with Matthew and Jennifer Lux for the construction of a single family home under the Richfield Rediscovered Program. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve a resolution authorizing the sale of 7220 Russell Avenue to Matthew and Jennifer Lux; and 2. Authorize execution of a Contract for Private Development with Matthew and Jennifer Lux for the development of a single family home under the Richfield Rediscovered Program. II. BACKGROUND The Housing and Redevelopment Authority (HRA) purchased 7220 Russell Avenue and demolished the house in 2010. Matthew and Jennifer Lux (Buyers) have submitted an application to purchase the lot and construct a new home under the Richfield Rediscovered Program. The Buyers have entered into a contract with Amaris Custom Homes to build a new home. 08202012 RR Contract 7220 Russell (Lux).doc The proposed custom-designed house meets and exceeds the Richfield Rediscovered Program requirements. The new two-story home will have approximately 2,000 square feet, three bedrooms, two-and-a-half baths and an attached, two-stall garage. The home will have an estimated end-value of $400,000. The builder anticipates attaining LEED certification for the home, in which case, the Buyer will be eligible for a $5,000 credit from the HRA. Construction is expected to begin in November and will be completed in the spring of 2013. III. BASIS OF RECOMMENDATION A. POLICY • The proposed project meets the objectives of the Richfield Rediscovered Program: o Provides new, higher valued housing. o Alleviates a shortage of housing choice for families. o Facilitates the HRA's "Market Rate Initiatives" by providing a three-bedroom, owner-occupied house designed for a family. • The project meets the Housing Design and Site Development Criteria, as defined in the Richfield Rediscovered Guidelines. • Three of the existing mature trees will be preserved. A tree protection plan will be required to protect the health of the trees during construction. B. CRITICAL TIMING ISSUES • Per the Contract for Private Development, the house construction must be completed by April 30, 2013. Closing on the lot will occur once a building permit is ready to be issued and is required to occur no later than November 15, 2012. C. FINANCIAL • The appraised value of the lot is $56,500. • The HRA acquired the property in 2010 for $70,000 and razed the existing house. • Under the terms of the Contract the purchase price of$56,500 will be due at closing. • Under the terms of the Contract the Buyer will submit a $10,000 cash escrow to be held until construction is completed as provided in the Contract. D. LEGAL • The HRA Attorney has reviewed the terms of the Contract for Private Redevelopment. • Notice of the public hearing was published in the Sun Current on September 6, 2012. Mailed notice was sent to adjacent neighbors, as a courtesy. IV. ALTERNATIVE RECOMMENDATION(S) • Do not execute the Contract for Private Development. • Amend the Contract for Private Development and direct staff to work with the Builder to revise the proposal. V. ATTACHMENTS • Resolution • Contract for Private Development • Photo of 7220 Russell Avenue lot • Building Plans/Elevations • Site/Landscape Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Matthew and Jennifer Lux, Buyers • Ray Pruban, Amaris Custom Homes HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7220 RUSSELL AVENUE TO ENDRES CUSTOM HOMES, INC WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) desires to develop certain real property pursuant to and in furtherance of the Richfield Rediscovered Program adopted by the HRA, said real property being described as: Address: 7220 Russell Avenue Legal: Lot 4, Block 3, "Home Acres," Hennepin County, Minnesota WHEREAS, the HRA is authorized to sell real property within its area of operation after a public hearing; and WHEREAS, the purchasers of the described property have been identified as Matthew and Jennifer Lux, and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 7220 Russell Avenue is $56,500.00 with performance security in the amount of $10,000; and WHEREAS, a public hearing has been held after proper public notice. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota: 1. A public hearing has been held and 7220 Russell Avenue is authorized to be sold for $56,500.00 to Matthew and Jennifer Lux; and 2. The Chairperson and Executive Director are authorized to execute a Contract for Private Development and other agreements as required to effectuate the sale to the Buyers. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 17th day of September, 2012. Suzanne M. Sandahl, Chair ATTEST: Doris Rubenstein, Secretary - a CONTRACT FOR PRIVATE DEVELOPMENT Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD and Matthew and Jennifer Lux for property located at 7220 Russell Avenue South This Instrument Drafted by: Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Telephone: (612)861-9760 410567v1 JAE RC125-65 � - 3 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT,made and entered into as of this • day of ,cir, iP12012, by and between the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, having its principal office at 6700 Portland Avenue, Richfield, Minnesota (HRA), and Matthew and Jennifer Lux (Buyer). WITNESSETH: WHEREAS, the City of Richfield (City) and the HRA have pre viously created and established a Redevelopment Pro ject (Project) pursuant to the authority granted in Minnesota Statutes, Sections 469.001 through 469.047(collectively,the Act); and WHEREAS, pursuant to the Act, the City and the HRA have pre viously adopted a rode velopment plan for the Project(Redevelopment Plan); and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly to make specified land in the Project available for development by pri vate enterprise for and in accordance with the Redevelopment Plan, the HRA has determined to pro vide substantial aid and assistance to finance development costs in the Pro ject; and WHEREAS, the Buyer has proposed a development as hereinafter defined within the Project which the HRA has determined will promote and cany out the objectives for which the Project has been underta ken, will assist in canying out the obligations of the Redevelopment Plan, will be in the vital best interests of the City and the health, safety and welfare of its residents and is in accord with the public purposes and pro visions of the applicable state and local laws and requirements under which development in the Pro ject has been underta ken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants and obligation of the HRA and the Buyer, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I. DEFINITIONS, EXHIBITS,RULES OF INTERPRETATION Section 1.1. Definitions. In this Agreement, the following terms have the meaning given below unless the context clearly requires otherwise: Construction Plans. The construction plans appro ved by the HRA pursuant to Section 4.1 of this Agreement. The Construction Plans include a schedule for construction of the Impro vements, preliminary plans and schematics of the hnpro vements to be constructed, and a landscaping plan. 410567v1 JAE RC125-65 1 1-( - � Development. The Property and the Impro vements to be constructed thereon according to the Construction Plans appro ved by the HRA. Event of Default. Event of Default has the meaning given such term in Section 8.1. Guidelines. The Richfield Rediscovered Program Guidelines Lot Sale Program, revised November 15, 2010 and attached as Exhibit B to this Agreement. Improvements. Each and all of the structures and site impro vements constructed on the Property by the Buyer, as specified in the Construction Plans to be appro ved by the HRA. Minimum Market Value. $400,000, which is the minimum market value for the Property and Impro vements as confirmed by the Hennepin County Assessor. Property. The real property legally described as: Lot 4,Block 3, "Home Acres,"Hennepin County,Minnesota having a street address of: 7220 Russell Avenue South Unavoidable Delays. Delays which are the direct result of sin kes, labor troubles, fire or other casualty to the Impro vements, litigation commenced by third patties which results in delays or acts of any federal, state or local government, except those contemplated by this Agreement, which are beyond the control of the Buyer. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. Form of Certificate of Completion B. Program Guidelines —Lot Sale Program C. Font. of Quit Claim Deed D. Well Disclosure Section 1.3. Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. (b) The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdi vision refer to this Agreement as a whole rather than any particular section or subdi vision hereof. (c) References herein to any particular section or subdi vision hereof are to the section or subdi vision of this Agreement as originally executed. 410567v1 JAE RC125-65 2 (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its pro visions. ARTICLE II. REPRESENTATIONS AND UNDERTAKINGS Section 2.1. By the Buyer. The Buyer makes the following representations and underta kings: (a) The Buyer has the legal authority and power to enter into this Agreement and has duly authori zed the execution, delivery and performance of this Agreement; (b) The Buyer has the necessary equity capital or will obtain commitments for financing necessary for construction of the Impro vements; (c) The Buyer will construct the Impro vements in accordance with the terms of this Agreement and all local, state and federal laws and regulations ; (d) The Buyer will obtain, in a timely manner; all required permits, licenses and appro vals, and will meet, in a timely manner; the requirements of all local, state and federal laws and regulations which must be obtained or met before the Impro vements may be constructed ; and (e) The plans for the Impro vements have been prepared by a qualified draftsperson or architect . (0 The Buyer intends to reside at the Property following completion of construction of the Impro vements and is not acquiring the Property for the purpose of resale or speculation. (g) The Buyer has read and understands the Guidelines and agrees to be bound by them. Section 2.2. By the HRA. The HRA makes the following representations as the basis for the underta king on its part herein contained: (a) The HRA is authori zed by law to enter into this Agreement and to carry out its obligations hereunder ; and (b) The HRA will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Buyer and will cooperate with the efforts of Buyer to secure the granting of any permit, license, or other appro val required to allow the construction of the Impro vements. ARTICLE III. 410567v1 JAE RC125-65 3 ACQUISITION OF PROPERTY; CONVEYANCE TO BUYER Section 3.1. Purchase of Property by Buyer. The HRA agrees to sell the Property to Buyer and the Buyer agrees to putchase the Property from the HRA in an "as-is" condition. The HRA agrees to convey the Property to the Buyer by Quit Claim Deed in the general form of Exhibit C. The HRA's deed to the Buyer will contain the right of reverter required in Section 8.3. The purchase price for the Property will be $56,500. Section 3.2. Title and Examination. As soon as reasonably possible after execution of this Contract for Pri vate Development by both parties, (a) HRA shall surrender any abstract of title and a copy of any owner's title insurance policy for the property, if in HRA's possession or control, to Buyer or to Buyer's designated title service provider; and (b) Buyer shall obtain the title evidence determined necessary or desirable by Buyer or Buyer's lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney 's title opinion, at Buyer's selection and cost, and pro vide a copy to the HRA. The Buyer shall have 20 days from the date it receives such title evidence to raise any objections to title it may have. Objections not made within such time will be deemed waived. The HRA shall have 90 days from the date of such objection to affect a cure; pro vided, however, that the HRA shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer may then elect to close notwithstanding the uncured objections or declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder . Section 3.3. Taxes and Special Assessments. Real estate taxes and installments of special assessments will be prorated between the HRA and Buyer as of the date of closing. Section 3.4. Soil Conditions and Hazardous Wastes. The Buyer acknowledges that the HRA makes no representations or warranties as to the conditions of the soils on the Property, its fitness for the construction of impro vements or any other purpose for which the Buyer may use the Property, or regarding the presence of hazardous wastes on the Property . The HRA will allow reasonable access to the Property for the Buyer to conduct such tests regarding soils conditions and hazardous wastes as the Buyer may desire. Permission to enter the Property to conduct such tests must be given in writing under reasonable terms and conditions established by the HRA. Section 3.5. Site Clearance. The HRA will be responsible for clearance of all buildings as required to prepare the Property for development. All other site preparation is the responsibility of Buyer. Buyer will comply with all of the pro visions of the Guidelines relating to tree protection, preservation and replacement . Section 3.6. Other Preconditions to Closing. Closing may not take place until the HRA is satisfied that the proposed Impro vements are in all respects in full compliance with the pro visions of the Guidelines contained in Exhibit B. 410567v1 JAE RC 125-65 4 Section 3.7. Closing. Closing must take place on or before November 15, 2012, or such other date as may be agreed to by the Buyer and HRA in writing. At Closing, pursuant to Section 5.1, the Buyer will pro vide the HRA with $10,000 to be held in escrow until the Impro vements are completed. Section 3.8. Closing Costs. The Buyer will pay: (a) the closing fees charged by its title insurance company or other closing agent, if any, utili zed to close the transaction for Buyer; and (b) the recording fees for the Contract for Pri vate Development and the deed transferring title to the Buyer. The HRA will pay all other fees normally paid by sellers, including: any transfer taxes, and any fees and charges related to the filing of any instrument required to make title marketable. Each party shall pay its own attorney fees. Section 3.9. Sewer and Water. HRA wanants that city water is available at the lot line and city sewer is available at the curb. Section 3.10. ISTS Disclosure. HRA is not aware of any individual sewage treatment system on the property . Buyer is responsible for all costs of removing any individual sewage treatment system that may be discovered on the Property . Section 3.11. Well Disclosure. HRA's knowledge of wells on the Property is disclosed in Exhibit F. ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Section 4.1. Construction of Improvements. The Buyer shall cause the Impro vements to be constricted on the Property in accordance with the Guidelines and the Constriction Plans, shall cause the Impro vements to meet or exceed the Minimum Market Value specified in Section 1.1, and shall maintain, preserve and keep the Impro vements in good repair and condition. Section 4.2. Building Plans. No building permit will be issued by the City unless the building plans are in conformity with the Guidelines contained in Exhibit B, the Construction Plans, the required Minimum Market Value, other requirements contained in this Agreement, and all local, state and federal regulations . The Buyer shall pro vide the HRA with a set of building plans to be used in connection with any application for a building permit. The HRA shall, within 25 days of receipt of the building plans review the same to determine whether the foregoing requirements have been met. If the HRA determines such building plans to be deficient, it shall notify the Buyer in writing stating the deficiencies and the steps necessary for correction Issuance of the building permit by the City shall be a conclusive determination that the building plans have been appro ved and shall satisfy the pro visions of this Section 4.2. Section 4.3. Schedule of Construction. Subject to Unavoidable Delays, construction of the Impro vements shall be completed prior to April 30, 2013. All construction shall be in conformity with the appro ved Construction Plans and the Guidelines . Periodically during 410567v1 JAE RC125-65 5 construction the Buyer shall make reports in such detail as may reasonably be requested by the HRA concerning the actual progress of construction . If at any time prior to completion of construction the HRA has cause to believe that the Buyer will be unable to complete construction of the Impro vements in the time permitted by this Section 4.3, it may notify the Buyer and demand assurances from the Buyer regarding the Buyer's construction schedule. If such assurances are not forthcoming or are deemed by the HRA at its sole discretion to be inade quate, the HRA may declare an Event of Default and may avail itself of any of the remedies specified in Section 8.2 of this Agreement. Section 4.4. Certificate of Completion. After notification by the Buyer of completion of construction of the Impro vements, the HRA shall inspect the construction to determine whether the Impro vements have been completed in accordance with the Construction Plans and the terms of this Agreement, including the date of the completion thereof. In the event that the HRA is satisfied with the construction, the HRA shall furnish the Buyer with a Certificate of Completion in the form attached hereto as Exhibit A. Such certification by the HRA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligation of the Buyer to construct the Impro vements. At the time a Certificate of Completion is issued, the HRA will also pro vide Buyer with a $5,000 cash rebate if Buyer has obtained Green Community Concepts certification through LEED for Homes, Minnesota GreenStar, Minnesota Green Communities or Minnesota Green Path. If the HRA shall refuse or fail to pro vide certification in accordance with the pro visions of this Section 4.4, the HRA shall within 15 days of such notification pro vide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Impro vements in accordance with the pro visions of this Agreement necessary, in the opinion of the HRA, for the Buyer to take or perform in order to obtain such certification . Section 4.5. Failure to Construct. In the event that construction of the Impro vements is not completed as pro vided in Section 4.3 of this Agreement, an Event of Default shall be deemed to have occurred, and the HRA may proceed with its remedies under Section 8.2. ARTICLE V. REDEVELOPMENT ASSISTANCE Section 5.1. Establishment of Cash Escrow. Buyer acknowledges that although it is purchasing the Property at its fair market value as raw land, the HRA has incurred significant costs in acquiring and preparing the Property for development by Buyer. At Closing, Buyer will deliver to the HRA $10,000 to be placed in a non-interest bearing escrow account pursuant to the Escrow Agreement, dated as of the date hereof, between Buyer and HRA. The obligation to pay the $10,000 to the HRA will be forgiven, and the cash in the escrow account will be returned to Buyer if: (i) the Buyer receives a Certificate of Completion; and (ii)the Buyer is not otherwise in default of any of its obligations hereunder . If such have not occured, an Event of Default shall be deemed to have occurred and the HRA may exercise its remedies under Section 8.2. ARTICLE VI. 410567v1 JAE RC125-65 6 14— FINANCING Section 6.1. Financing. Within 45 days of the date of execution of this Agreement, the Buyer shall submit to the HRA evidence of financing for the Impro vements in compliance with the pro visions of Section 2.1(b) of this Agreement. If the HRA finds that the financing is adequate in amount to pro vide for the construction of the Impro vements, the HRA shall notify the Buyer of its appro val. If the HRA rejects the evidence of financing as inade quate, the Buyer shall have 30 days or such additional period of time as the Buyer may reasonably require from the date of such notification to submit evidence of financing satisfactory to the HRA. If the Buyer fails to submit such evidence or fails to use due diligence in pursuing financing, the HRA may terminate this Agreement and both parties shall be released from any further obligation or liability hereunder . Closing shall not take place until Buyer has pro vided HRA with acceptable evidence of financing for construction of the Impro vements. Section 6.2. Copy of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand to the Buyer with respect to any Event of Default by the Buyer in its obligations or covenants under this Agreement, the HRA shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authori zed by this Agreement at the last address of such holder shown in the records of the HRA. Section 6.3. Subordination. In older to facilitate obtaining financing for the construction of the Impro vements by the Buyer, the HRA may, in its sole and exclusive discretion, agree to modify this Agreement in the manner and to the extent the HRA deems reasonable, upon request by the financial institution and the Buyer. ARTICLE VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1. Representation as to Redevelopment. The Buyer represents and agrees that its underta kings pursuant to the Agreement, are for the purpose of Development of the Property and not for speculation in land holding. The Buyer further recogni zes that, in view of the importance of the Development to the general welfare of Richfield and the substantial financing and other public aids that have been made available by the HRA for the purpose of making the Development possible, the qualification and identity of the Buyer are of particular concern to the HRA. The Buyer further recogni zes that it is because of such qualifications and identity that the HRA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and underta kings of the Buyer for the faithful performance of all underta kings and covenants agreed by the Buyer to be performed . Section 7.2. Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons set out in Section 7.1 of this Agreement, the Buyer represents and agrees that prior to the issuance of the Certificate of Completion by the HRA: 410567v1 JAE RC 125-65 7 (a) Except only by way of security for, and only for the purpose of obtaining financing necessary to enable the Buyer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authori zed by this Agreement, the Buyer, except as so authori zed, has not made or created, and that it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust in respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written appro val of the HRA. ARTICLE VIII. EVENTS OF DEFAULT Section 8.1. Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise pro vides, any one or more of the following events: (a) Failure by the Buyer to pay when due the payments required to be paid or secured under any pro vision of this Agreement; (b) Failure by the Buyer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including the time for such performance ; (c) If the Buyer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Property ; (d) If the Buyer, on a petition in bankruptcy filed against it, be adjudicated as bankrupt, or a court of competent jurisdiction shall enter an order or decree appointing, without the consent of the Buyer, a receiver of the Buyer or of the whole or substantially all of its property, or appro ve a petition filed against the Buyer seeking reorgani zation or arrangement of the Buyer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date of entry thereof; or (e) If the Buyer is in default under any mortgage and has not entered into a work-out agreement with the holder of the mortgage . Section 8.2. Remedies on Default. Whenever any Event of Default occurs, the HRA may, in addition to any other remedies or rights given the HRA under this Agreement, take any one or more of the following actions following written notice by the HRA to the Buyer as pro vided in Section 9.3 of this Agreement: (a) Suspend its performance under this Agreement until it receives assurances from the Buyer, deemed reasonably adequate by the HRA, that the Buyer will cure its default and continue its performance under this Agreement; 4105671 JAE RC125-65 8 - 1 (b) Cancel or rescind this Agreement; (c) Withhold the Certificate of Completion;or (d) Take whate ver action at law or in equity may appear necessary or desirable to the HRA to enforce performance and observance of any obligation, agreement, or covenant of the Buyer under this Agreement; pro vided, however, that any exercise by the HRA of its rights or remedies hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way (a) the lien of any mortgage authori zed by this Agreement and (b) any rights or interest pro vided in this Agreement for the protection of the holders of a mortgage ; and pro vided further that should any mortgagee succeed by foreclosure of the mortgage or deed in lieu thereof to the Buyer's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the obligations of the Buyer under this Agreement to the extent that the same have not therefore been performed by the Buyer. Section 8.3. Revesting Interest in HRA Upon Happening of Event of Default Subsequent to Conveyance of Property to Buyer. In the event that subsequent to the closing or the sale of the Property to the Buyer and prior to the issuance of the Certificate of Completion: (a) The Buyer fails to begin or cause to begin construction of the Impro vements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; (b) The Buyer, after commencement of the construction of the Impio vements, defaults in or violates obligations with respect to the construction of the Impro vements, including the nature and the date for the completion thereof, or abandons or substantially suspends construction work, and such act or actions is not due to Unavoidable Delays; (c) The Buyer or its successor in interest fails to pay real estate taxes or assessments on the Property or any part thereof when due, or places thereon any encumbrance or lien unauthori zed by this Agreement, or suffers any levy or attachment to be made, or any supplier's or mechanic 's lien, or any other unauthori zed encumbrance or lien to attach; (d) There is, in violation of Article VII of this Agreement, any transfer of the Property or any part thereof; or (e) The Buyer fails to comply with any of its covenants under this Agreement, then the HRA shall have the right upon 30 days' written notice to Buyer and the Buyer's failure to cure within such 30 days period, to re-enter and take possession of the Property and to terminate and it vest in the HRA the interest of the Buyer in the Property ;pro vided, however, that such re vestiture of title shall be subject to the lien of any prior encumbrance permitted under this Agreement, or any right of a Homeowner pursuant to a valid Purchase Agreement authori zed by this Agreement. Section 8.4. No Remedy Exclusive. No remedy herein confened upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and 410567v1 JAE RC 125-65 9 1 i 2- every such remedy shall be cumulati ve and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute . No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such tight and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA or the Buyer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VIII. Section 8.5. No Additional Waiver Implied by One Waiver. In the event of the occurrence of any Event of Default by either party, which Event of Default is thereafter waived by the other party, such waiver shall be limited to the particular Event of Default so waived and shall not be deemed to waive any other concunent, pie vious or subsequent Event of Default. ARTICLE IX. ADDITIONAL PROVISIONS Section 9.1. Conflict of Interests; Representatives Not Individually Liable. No HRA officer who is authori zed to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially there from. No member, official, or employee of the HRA shall be personally liable to the Buyer, or any successor in interest, for any Event of Default by the HRA or for any amount which may become due to the Buyer or successor or on any obligations under the terms of this Agreement. Section 9.2. Non-Discrimination. The pro visions of Minnesota Statutes Section 181.59, which relate to civil rights and non-discrimination, and any affinnati ve action program of the City shall be considered a part of this Agreement and binding on the Buyer as though fully set forth herein. Section 9.3. Notices and Demands. Except as otherwise expressly pro vided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepared, return receipt requested or delivered personally: (a) As to the HRA: Richfield HRA Executive Director 6700 Portland Avenue South Richfield, MN 55423 410567v1 JAE RC125-65 10 (b) As to the Buyer: Matthew and Jennifer Lux 13552 Caramel Trail Eden Prairie, MN 55346 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as pin vided in this Section 9.3. Section 9.4 Counterparts. This Agreement may be simultaneously executed in any, number of counterparts, all of which shall constitute one and the same instrument 410567v1 JAE RC125-65 1 1 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the authority . Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the authority . Notary Public 410567%1 JAE RC125-65 12 5 Signature Page of Buyer to Contract for Pri vate Development fBUYEI I \` A, ' A'AM\t-c(. IP i/ 1--U- - STATE OF MINNESOTA ) ) SS COUNTY OF -bnl n ) The foregoing instmment was acknowledged before me this 1 l day of '� , 20 19—, by .m( -*Ller [insert marital status] . 09/Liu-P._ <S7=--4--rAi1/4.--e, Notary Public CAROL HAUER :' 5 ,, ,:. NOTARY PUBLIC-MINNESOTA 1 My Commission Expires Jan.31,2015 13 410567v1 JAE RC 125-65 1 - tp EXHIBIT A FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that , has fully and completely complied with its obligations under that document entitled "Contract for Pri vate Development", between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and , dated , filed as Document No. with respect to the construction of the appro ved construction plans at , legally described as and is released and forever discharged from its obligations under such Contract . DATED: THE HOUSING AND REDEVELOPM ENT AUTHORITY IN AND FOR THE CITY RICHFIELD By: Its: Executive Director STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by and the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota on behalf of the public body corporate and politic. Notary Public This instrument was drafted by: Kennedy &Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 410567•l JAE RC 125-65 EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED: NOVEMBER 15,2010 B-1 410567v1 JAE RC125-65 ' CONTRACT FOR PRIVATE DEVELOPMENT 1 I. PROGRAM OBJECTIVES 3 II. DEFINITIONS 3 III. PROGRAM BASICS 4 IV.APPLICATION REQUIREMENTS 4 V.ADDITIONAL PROGRAM REQUIREMENTS 5 VI.HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS 6 A. New House Standards 6 B.Site Standards 6 C.Construction Requirements 7 D.General Standards 7 E.Green Community Concepts 8 VII.CITY REVIEW PROCEDURE 8 VIII. LOT SALE TO BUILDER OR BUYER 9 IX. PROGRAM MARKETING 10 X. DATA PRIVACY 10 B-2 410567v1 JAE RC125-65 "lad'! This document has been developed as a guidance tool for program administration. It should not be interpreted as constituting any contractual agreement or liability by the City or Housing and Redevelopment Authority (HRA). The HRA may modify or divert from the guidelines where it deems appropriate. I. Program Objectives 1. To remove substandard, functionally obsolete housing on scattered sites throughout the City and replace with new, higher-valued housing. 2. To eliminate the blighting influence of substandard housing, thus improving residential neighborhoods. 3. To alleviate the shortage of housing choices for families. 4. To facilitate the construction of larger three- to four-bedroom, owner-occupied homes designed for families. 5. To facilitate the construction of multi-unit, owner-occupied homes designed to expand family opportunities or to serve elderly residents. These objectives will be achieved through the sale of lots by the Housing and Redevelopment Authority to Builder/Buyer teams for the development of newly constructed homes. II. Definitions Applicant:An individual who submits an application for a Richfield Rediscovered lot. The Applicant may be a Builder or the end Buyer. If the Applicant is a Builder, an end Buyer should be identified. If the Applicant is the Buyer, the Applicant must submit a signed contract between the Builder and the Buyer to build a home on the lot identified in the application. Buyer.An individual(s)who will build, own and occupy a new housing unit in Richfield. The Buyer will occupy the property and not offer it for rent. The Buyer may not also function as the Builder on a Richfield Rediscovered project. The Buyer and Builder must be unrelated separate legal entities. A speculative project by a Buyer may be considered if all other program requirements can be met. However, neither the Buyer, the Buyer's Builder or Builder's subcontractors, or the Builder's realty agents may occupy or purchase the property. Buyers, unless licensed in the trade specified, may not put any sweat equity into the construction of the foundation, wall/roof framing, shingling, exterior work, electrical/plumbing/HVAC systems or interior carpentry. Builder. Contractor who has signed a contract with the Buyer to build a home on the lot identified in the application. Contract for Private Development: A contract between the HRA and the Builder or Buyer that establishes the conditions under which the lot will be sold and the proposed house will be developed. Green Community Concepts Plan: A written plan indicating how the proposed development will incorporate green building features and concepts. Priority will be given to projects that incorporate green building features. HRA: Housing and Redevelopment Authority in and for the City of Richfield. Lot List: A listing of available lots for sale. Information regarding the lot location, size and sale price is provided. B-3 410567'1 JAE RCI25-65 I III. Program Basics 1. HRA publishes a list of available vacant lots for purchase including sale price and development criteria. 2. Builder/Buyer team proposes a plan for a lot consistent with development criteria and program requirements and makes an offer to purchase. 3. HRA approves lot sale. 4. Lot is sold to Builder or Buyer. 5. Builder constructs new home. 6. Projects must be completed within one year of HRA approval of the project. IV. Application Requirements The following must be submitted for application to the program: 1. $525 application fee An application fee must be paid at the time of application. This fee is non-refundable and is not part of the lot price. 2. Application Form 3. Construction Plans The layout of all levels, including basement and unfinished space, must be provided. 4. Elevations Elevations of all four sides of the house, including view of garage shall be provided. Colored renderings may also be required. 5. Site plan The site plan shall indicate the location of the new house,walkways and garage. 6. Landscaping plan A landscaping plan must indicate the location and type of trees, shrubbery, flowers and landscaping materials(e.g. rocks, mulch)and any existing trees to be preserved. 7. Detail of construction materials to be used on the project. 8. Green Community Concepts Plan The plan should indicate what Green Community Concepts will be incorporated into the project. 9. Construction timeline Construction must be completed with one year of the purchase of the property. 10. Signed contract with Builder 11. Purchase agreement If the Builder plans to purchase the lot, the application must include a valid purchase agreement between the Buyer and the Builder for the lot to be developed. 12. Financial capability statement A statement from a financial institution indicating willingness to provide sufficient construction capital to complete the project must be provided. B-4 410567v1 JAE RC125-65 13. Builder References a. Five previous customers b. Three major suppliers,one being the construction supplier c. Building inspectors from two cities where the Builder has constructed new housing within the past three years 14. Proof of Builder's Comprehensive General Liability with Property Damage Protection. 15. Proof of sufficient worker's compensation insurance coverage by the Builder. 16. Written warranty program To be provided to the Buyer, which guarantees at a minimum, warranted repairs as required by Minnesota State Statute. V. Additional Program Requirements 1. The Applicant is expected to meet with an architectural/design consultant prior to submitting an application. A two-hour consultation is available through the HRA at a cost of$25 to the applicant. See the City's website (www.cityofrichfield.org) for more information. This requirement may be waived if the applicant is using an architect for the project. 2. The site will be sold to the Builder or Buyer at the fair market value as appears on the Lot List. The HRA will not accept offers for less than the established sale price. 3. A Contract for Private Development is signed by the HRA and the Builder or the Buyer. The Contract is a standard form which includes conditions for acquisition and development of the property. The Contract will also establish a minimum required end-value for the property based on construction estimates provided by the applicant. The Builder or Buyer will be expected to agree to the terms of the Contract before the application can be scheduled on the HRA agenda. 4. All lots will have a required minimum end value that will be established in the Contract for Private Redevelopment. 5. The lot can be sold to either the Builder or the Buyer. If the lot is sold to the Builder, the Builder will pay cash for the lot at closing and submit a Letter of Credit or cash escrow for$10,000. The Letter of Credit must be from a financial institution incorporated in the Twin Cities metropolitan area. The cash escrow will be held in a non-interest bearing account. The Letter of Credit or cash escrow will be released once the construction and landscape work are completed and a final Certificate of Occupancy is issued. 6. If the lot is sold to the Builder and the Builder fails to complete construction as approved by the HRA, the Letter of Credit or cash escrow may be drawn upon by the HRA. In addition, the Contract for Private Development will contain a reverter provision, which will enable the HRA to reclaim ownership of the property in the event of a default in the Contract. In the event that the Builder fails to complete construction, the HRA may exercise its rights under the reverter provision,as well as draw upon the Letter of Credit or cash escrow. 7. If the lot is sold to the Buyer, the Buyer will pay cash for the lot at closing. To secure the HRA's interests in the Contract for Private Development, the Buyer will provide $10,000 to be deposited in escrow or a $10,000 mortgage in favor of the HRA, which will be filed on the property. The mortgage will be in first position. The HRA may consider subordinating its interest in appropriate cases. In addition, the Contract for Private Development will contain a reverter provision, which will enable the HRA to reclaim ownership of the property in the event of a default in the Contract. 8. If the lot is sold to the Buyer and the Buyer fails to complete construction as approved by the HRA, the HRA may exercise its rights provided in the mortgage or exercise its rights under the reverter provision in the Contract for Private Development. B-5 410567v1 JAE RC125-65 VI. House Design and Site Development Requirements The development of all sites shall meet the development criteria listed below, as reviewed and approved by the HRA. To maximize the development of a given lot, the HRA reserves the right to explore all development options without obligating the HRA to support any specific proposal, idea or solicitation. Housing design is a critical element of the program. Siding materials, exterior façade presentation, roof, window, siding and building line variability, finished landscape, interior space function and use are all important issues of design to the HRA. The design requirements were created to ensure that the homes built on the HRA-sold lots blend in with the surrounding neighborhood and respond to the specific concerns of the HRA. All new houses built under the Richfield Rediscovered Program must meet the requirements of the City's Zoning Code and additional criteria,as listed in this document. A. New House Standards 1. New dwelling must be owner-occupied. 2. Three finished bedrooms are required. 3. Two finished bathrooms are required. 4. Two-car garage is required. 5. A full basement is required, unless the selected design results in a split-level or a garden-level type of basement. In the case of an "accessible" house, a basement may be omitted if it would otherwise prohibit accessible design elements. B. Site Standards 1. After construction, the site must be fully landscaped, including plantings around the foundation. The entire grounds shall be landscaped and be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining properties. Specific lot line blending requirements may be required,as appropriate,for specific sites. At a minimum, the applicant must meet the "Landscaping and Screening Requirements" in the City's Zoning Code under Section 544.03, Subd.4, General landscaping requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.c i.richfield.mn.us To the greatest extent possible,existing trees should be preserved. Any trees removed must be replaced (they do not have to be the same species or in the same location) and should be labeled on the required landscape plan. 2. Utility meters shall be screened from street view and locations must be specified on plans. 3. Site drainage should be accommodated on the site so that water is directed away from the new home and the neighboring properties. Neighboring properties must not be disturbed by the creation of drainage swales. Specific storm water management requirements may be required, as appropriate, including the addition of gutters or on-site management for specific sites. Construction and the finished structure must not have a detrimental impact on storm water drainage patterns in the neighborhood. 4. All air conditioning units must be located in the rear yard of the house, or as approved by the HRA. B-6 4105670 JAE RC125-65 i-\ -112) C. Construction Requirements 1. Existing trees identified on the landscape plan as being preserved, must be protected during construction. A tree wrap with board reinforcements shall be used on trees directly adjacent to active grading and construction areas. Damaged or destroyed trees must be replaced. 2. The construction site, neighboring properties and adjacent public streets shall be kept free of construction debris at all times. 3. No construction workers, construction equipment or construction material shall encroach upon neighboring properties. 4. The property shall have a new sanitary service line installed to the City sanitary sewer main consisting of schedule 40 PVC or equivalent. If there is an existing 6"sewer stub at the property line, it must be lined with 4" schedule 40 PVC or equivalent to the City's sanitary main, and it must include a"donut"at the end with cement. The line must be televised after installation to ensure the following: 1. There are no obstructions in the line. 2. The PVC liner is not protruding into the City's sanitary sewer main line. D. General Standards 1. The value of the new home must meet or exceed the minimum value specified in the Contract for Private Redevelopment. 2. All homes in the Richfield Rediscovered Program must be stick-built or high-quality modular, new construction. 3. Exterior materials (siding, soffit, doors and windows) should be low-maintenance and durable. Brick, aluminum, vinyl and fiber cement siding are preferred. Natural cedar lap is acceptable if properly stained or painted. Hardboard panels or hardboard lap siding are prohibited. Roof valleys must have metal valleys and not be woven. 4. Unit height and mass of the new house shall be compatible with the scale of the surrounding homes in the neighborhood. 5. Plans must present a balanced and pleasing distribution of wall, door and window areas from all views. 6. The dominance of the garage door must be minimized through placement, architectural detail, door design and utilization and design of windows. Garages, where the garage door faces the street, shall not be located closer to the front lot line than the foremost facade of the principal building facing the front property line. Garage sidewalls that face the street should appear to contain habitable space. This can be accomp lished by incorporating windows and other design elements into the garage wall that are in character with the remainder of the dwelling. For lots that have alley access,the garage should be oriented to access the alley. 7. All Construction Plans must have been prepared in consultation with an architect or qualified draftsperson. All requirements by the Building Inspections Division must be met. 8. All Richfield Rediscovered houses must meet or exceed Minnesota Energy Code requirements. 9. All new homes shall be built to provide high quality sound insulation. Recomme ndations for sound insulation measures may be provided on a site-by-site basis. All construction must conform to current sound attenuation building standards for properties located in 65-69 and 70-74 DNL zones. B-7 410567v1 JAE RC 125-65 9. If a variance is required to construct the proposed development,the HRA may,at its sole discretion,choose to reject the application. 10. If the HRA accepts an application that needs a variance(s),sale of the property will be contingent upon the applicant obtaining the necessary variance(s). The Applicant is responsible for applying for the variance(s)at its own expense. The HRA,as owner of the property,will, however, coope rate with the application. E. Green Community Concepts Priority will be given to projects incorporating the green community concepts listed below. Any concepts the applicant would like considered during the application process should be explained in a written plan submitted with the application. A$5,000 rebate will be provided to the Applicant for projects that obtain certification through LEED for Homes, Minnesota GreenStar or Minnesota Green Communities. 1. Protect and conserve water and soil. To reduce water consumption, consider the use of water- conserving appliances, fixtures, and landscaping. Steps should be taken to minimize the loss of soil and sediment during construction and occupancy to reduce storm-water sediment and air pollution. 2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural heating, cooling and day lighting, and by using energy-efficient appliances, equipment and lighting. 3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materials and resources. Use locally-produced, salvaged and/or manufactured materials, products with recycled content or from renewable sources, recyclable or reusable materials,and low-VOC-emitting materials. 5. Reduce waste. Reduce and manage wastes generated during the construction process and operation of buildings. If demolition occurs,sort and recycle leftover materials and debris. VII. City Review Procedure 1. Applicant reviews proposed project with HRA staff before plans are finalized. 2. Applicant submits application, plans, and application fee at least 45 days prior to the HRA meeting. 3. An application is considered to be received when delivered personally to HRA staff in a pre- arra nged meeting. Following this meeting and upon receipt of the application fee, the lot will be considered reserved and no additional applications will be accepted for the proposed lot while the application is under review. B-8 410567v1 JAE RC125-65 eLt9 4. If an application is determined to be incomplete, the applicant will have 30 days to submit a complete application. If a complete application is not received within 30 days, the application will be rejected and the lot will be made available for new applications. 5. HRA staff review application to ensure conformance with House Design and Site Development Requirements. 6. HRA staff may reject or accept an application at its sole discretion. 7. The Builder or Buyer executes a Contract for Private Redevelopment. 8. An application is determined to be complete and the Contract executed at least three weeks prior to the HRA meeting. 9. HRA staff publishes a legal notice of the public hearing and prepares a report and recommendation for the HRA. 10. HRA reviews application,conducts a public hearing,and takes action at the HRA meeting. 11. If approved,the Contract for Private Redevelopment is executed by the HRA. VIII. Lot Sale to Builder or Buyer 1. Upon approval of the application by the HRA, a closing will be scheduled between the HRA and the Builder or Buyer. 2. The HRA will prepare all statements, affidavits, documents, and general release forms required for closing. 3. The Builder applies for a building permit prior to closing. The Builder is responsible for acquiri ng the necessary building permits with the City of Richfield Building Inspections Division. If changes to the plans are required by the Inspections Division,the applicant must notify HRA staff. 4. The Applicant provides evidence to HRA staff that all requirements to proceed with construction, as determined in the Contract for Private Redevelopment, have been met. 5. The HRA conveys the property to the Builder or Buyer by Quit Claim Deed.The site will be sold to the Builder or Buyer at the fair market value as appears on the Lot List. 6. At closing with the Builder, the Builder provides a Letter of Credit or cash escrow for $10,000 to the HRA. 7. At closing with the Buyer,the Buyer signs a mortgage and promissory note for$10,000 in favor of the HRA or provides a cash escrow in the amount of$10,000. 8. Upon completion of the project and closing on the sale of the Property to the Homeowner, the Letter of Credit or cash escrow is released to the Builder or the Buyer's mortgage is released. A Certificate of Completion is executed by the HRA, releasing the obligations of the Contract for Private Redevelopment. B-9 410567'1 JAE RC125-65 IX. Program Marketing Richfield Rediscovered program marketing is entirely at the discretion of the HRA. It may include the following: 1. Buyer Solicitation. The HRA may market the program to potential Buyers through promotional articles, direct mail, the Internet, or other methods as deemed appropriate. Buyers may be any financially capable individual or household, including first-time buyers, move-up buyers or empty- nesters. 2. Public Promotion. a. The HRA will periodically provide information about the program through articles in city publications, on the City's web site, on the Community Cable channel, or via press releases to promote community awareness. b. A public open house may be held to provide an opportunity for residents and other interested parties to collectively view the finished homes. The Parade of Homes Fall Showcase and Spring Preview may also accomplish this. A program information package will be mailed to all interested participants. The information packet may include the following: 1. Lot List 2. Richfield Rediscovered Lot Sale Procedural Guidelines 3. Application Form 4. Sample Contract for Private Redevelopment X. Data Privacy All information secured through the program is subject to the Data Privacy Act. B-10 410567v1 JAE RC 125-65 EXHIBIT C QUIT CLAIM DEED STATE DEED TAX DUE HEREON: $ Date: FOR VALUABLE CONSIDERATION, Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, Grantor, hereby conveys and quit claims to , Grantee, real property in Hennepin County, Minnesota, described as follows: , according to the map or plat thereof on file or of record in the office of the Hennepin County Recorder. This deed is subject to that certain Contract for Pri vote Development between Grantor and Grantee, dated , 20 (the "Contract"), recorded , 20_, in the office of the Hennepin County Recorder/Registrar of Titles as Document No. . The Contract pro vides that the Grantee 's rights and interest in the real property described above are subject to the Grantor 's right to re-enter and invest in Grantor title to the Property under conditions specified therein, including but not limited to termination of the Grantor 's right to re-enter and revest upon issuance of a Certificate of Completion as defined in the Agreement. (if more space is needed, continue on back) together with all hereditaments and appurtenances . ❑The Seller certifies that the seller does not know of any wells on the described real property ❑A well disclosure certificate accompanies this document. ❑I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last pie viously filed well disclosure certificate . HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director C-1 410567v1 JAE RC125-65 -28 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20 , by , the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the corporation,Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Executive Director, of Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation, Grantor. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) Check here if part or all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): This instrument drafted by: Kennedy&Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 C-2 410567.1 JAE RC 125-65 EXHIBIT D WELL DISCLOSURE ❑The Seller certifies that the seller does not know of any wells on the described real property. ❑A well disclosure certificate accompanies this document. [form attached] X The status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. 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D1,t nct i e Drafting and Design,«< E'ERT EIiORT NA6 BEE:MADE TO MAKE&1RE tNE6E PLANE PRE t NICOLE DANA 12-129 F-001 CORRECT IN PLAN WAT.GENERAL CONTRACTOR I.OMEOW:ER SNOWD 5!(6/2012 REVIB•iNESE PLANS TO MAKE AIRE ALL NOTES,DIMENSIONS,ERRORS APPROVED BM REV/SED A5 OF: F.Mm.mu¢Y ZIMMERMAN,MN 55398 AND OMSSNNIS ARE CORRECT BEFORE NOT REND NCnR:STARTS. II w•FM"MAL OFFICE•763.144.3551 DIRECT-910.493.5779 Du OTSS,OSN O TS Deelgn,LLD IS NOT RESPONSIBLE FOR ERRORS A I16' ♦.F aW.s[�� FAX-763.556.0045 AND OMISSIONS ON TNESE PLANS, 1.--0.41\44 cCafal:... 64.9..../‘Zaw...........m...t.r......L.raz. ACOSEPRISMOVIO EXISTING HOJEE + 0 ‘ocas )-1) colkirk- TOP aOCk 101. I ?6Ak4- KC , cy-'*- 0 - Nd‘v411C-4‘--/- - y 004 1 1 cogr` 134.53 PLAT) /� �� ti� U,79 �T�I , V N89o58:31;t 134.43 d _ o 0 Q, � YC� -I I` I 1U, t 1 I C .0 1 4, v v� I 5' RADII I - 25.00 i 1 \ 'C .7O Z I X ! i o p v. I Proposed \�\is-1- , � r, Garage o p l( ........„1,/ v� ^ � n Floor=104.1 N 6 ! 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GARAGE FLOOR = 101.4 EXCEPT AT DRIVEWAY AND PATIO LOWEST FLOOR = 94.4 TOP OF FOOTING = 93. 3, HOME ACRES, Hennepin County, Minnesota. I hereby certify thct this plan, survey or report was prepared by me or under my direct supervision and that / am a duly Registered Land Surveyor under the laws �r ∎-,'\. of the State of Minnesota. Dated this 13th day of August , 2012. , EST 1917 www.egrud.corr License No. 47578 , - .. Ci :::)14)---f----n-c2--- IIIMNIRIMMINOMIINNYVAIMINIONIMISel AGENDA ITEM#: 5 REPORT#: 43 STAFF REPORT RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MEETING SEPTEMBER 17, 2012 REPORT PREPARED BY: KATE AITCHISON/JULIE URBAN, HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: KAREN BARTON, ASST COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: ' REVIEWED BY EXECUTIVE DIRECTOR' r, j- ITEM FOR HRA CONSIDERATION: Consideration of a Contract for Private Development between the Housing and Redevelopment Authority and Noilya Muharamova for the redevelopment of 6500 Logan Avenue under the Richfield Rediscovered Program, and consideration of a subordination request of the HRA's lien. I. RECOMMENDED ACTION: By Motion: 1) Approve and authorize execution of a Contract for Private Development between the Housing and Redevelopment Authority and Noilya Muharamova for the redevelopment of 6500 Logan Avenue; and 2) approve the subordination of the HRA's lien to allow the applicant to secure construction financing. II. BACKGROUND Noilya Muharamova (Applicant) has submitted an application for a $50,000 subsidy to redevelop 6500 Logan Avenue under the Richfield Rediscovered Program. Prospective Richfield Rediscovered participants bear a significant cost in redeveloping developed lots. The $50,000 redevelopment subsidy addresses the financing gap and provides an attractive incentive to replace a substandard housing structure with a new home that meets the needs and desires of today's households. 09172012 RR Contract 6500 Logan (Muharamova).doc The Applicant will work with SRCM Builders to demolish the existing 1,100 square foot house and construct a new house. The new two-story home will have 2,600 square feet, four bedrooms, three baths and an attached, two-stall garage. The home will have an estimated end-value between $275,000 and $300,000. The existing structure has been inspected by the Housing and Redevelopment Authority's (HRA) inspector and qualifies as substandard, per the program guidelines. The Contract for Private Development requires the new house construction to be completed by the end of the year. The Applicant anticipates beginning construction shortly after HRA approval. Under the terms of the Contract for Private Redevelopment, the HRA will issue a Note in the amount of$50,000, payable in three installments: $20,000 upon closing of the Construction loan, $20,000 when the building permit is issued and $10,000 when construction is completed. Under the terms of the Contract for Private Development, a lien is placed against the property until the house is completed. The Contract requires the HRA's lien to be in first position. According to "Section 6.3 Subordination" of the Contract, the HRA can agree to modify the Mortgage upon request by the financial institution and the Buyer. The Applicant is requesting that the HRA subordinate its lien in order for him to secure construction financing. The lien will be in second position behind a construction loan of$200,000. The mortgage will be released once construction is completed. III. BASIS OF RECOMMENDATION A. POLICY • The proposed project meets the objectives of the Richfield Rediscovered Program: o Removes substandard, functionally obsolete housing and eliminates its blighting influence. o Provides new, higher valued housing. o Alleviates shortage of housing choice for families. o Facilitates the HRA's "Market Rate Initiatives" by providing a four-bedroom, owner-occupied house designed for a family. • The project meets the Housing Design and Site Development Criteria, as defined in the Richfield Rediscovered Guidelines. B. CRITICAL ISSUES • The property qualifies as substandard, as required by the program guidelines. • Per the Contract for Private Development, the house construction must be completed by the end of the year. The Applicant anticipates beginning construction shortly after HRA approval. • The Applicant purchased the property on August 20, 2012. C. FINANCIAL • Under the terms of the Contract, the $50,000 will be due in three installments. A mortgage will secure the funds until construction is completed. • The 2012 Richfield Rediscovered budget allows for property acquisitions and credit developments. D. LEGAL • The HRA Attorney has reviewed the terms of the Contract for Private Redevelopment. IV. ALTERNATIVE RECOMMENDATION(S) • Do not execute the Contract for Private Development. • Amend the Contract for Private Development and direct staff to work with property owners to revise their proposal. V. ATTACHMENTS • Contract for Private Development • Picture of 6500 Logan Avenue • Building Plans/Elevations • Site Plan/Landscaping Plan VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Noilya Muharamova, Applicant ■ py CONTRACT FOR PRIVATE DEVELOPMENT Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD and Noilya Muharamova Related to Property Located at 6500 Logan Avenue South This Instrument Drafted by: Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield,MN 55423 612-861-9760 409981v2 JAE RC125-65 5 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made and entered into as of this day of 20_by and between the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, having its principal office at 6700 Portland Avenue, Richfield,Minnesota(HRA), and Noilya Muharamova(Buyer). WITNESSETH: WHEREAS, the City of Richfield (City) and the HRA have previously created and established a Redevelopment Project (Project) pursuant to the authority granted in Minnesota Statutes, Sections 469.001 through 469.047 (the Act); and WHEREAS, pursuant to the Act, the City and the HRA have previously adopted a redevelopment plan (Redevelopment Plan) to finance all or a portion of the public development costs of the Project; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly to make specified land in the Project available for development by private enterprise for and in accordance with the Redevelopment Plan, the HRA has determined to provide substantial aid and assistance to finance development costs in the Project; and WHEREAS, the Buyer has proposed a development as hereinafter defined within the Project which the HRA has determined will promote and carry out the objectives for which the Project has been undertaken, will assist in carrying out the obligations of the Redevelopment Plan, will be in the vital best interests of the City and the health, safety and welfare of its residents and is in accord with the public purposes and provisions of the applicable state and local laws and requirements under which development in the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the mutual covenants and obligation of the HRA and the Buyer, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I. DEFINITIONS,EXHIBITS,RULES OF INTERPRETATION Section 1.1. Definitions. In this Agreement, the following terms have the meaning given below unless the context clearly requires otherwise: Buyer. Noilya Muharamova. City. The City of Richfield,Minnesota. Closing. The date on which Buyer closes on the Purchase of the Property. 1 409981v2 JAE RC125-65 Construction Plans. The construction plans approved by the HRA pursuant to Section 4.1 of this Agreement. The Construction Plans include a schedule for construction of the Improvements, preliminary plans and schematics of the Improvements to be constructed, and a landscaping plan. Development. The Property and the Improvements to be constructed thereon according to the Construction Plans approved by the HRA. Event of Default. Event of Default has the meaning given such term in Section 8.1. Guidelines. The Richfield Rediscovered Program Guidelines for the Redevelopment Credit Program,revised July 25, 2011 and attached as Exhibit A to this Agreement. HRA. The Housing and Redevelopment Authority in and for the City of Richfield, Minnesota. Improvements. Each and all of the structures and site improvements constructed on the Property by the Buyer, as specified in the Construction Plans approved by the HRA. Minimum Market Value. $275,000, which is the minimum market value for the Property and Improvements as confirmed by the Hennepin County Assessor. Mortgage. The Mortgage provided by the Buyer to the Authority, in the form attached as Exhibit D to this Agreement. Note. The Note provided by the Buyer to the Authority, in the form attached as Exhibit C. Property. The real property legally described as: Lot 1, Block 10, "Fairwood Park"First Addition,Richfield, Minnesota having a street address of: 6500 Logan Avenue South Redevelopment Project or Project. The Redevelopment Project established by the HRA pursuant to Minnesota Statutes Sections 469.001 through 469.047 and described in the Redevelopment Plan. Redevelopment Plan. The plans for implementation of the Redevelopment Project adopted by the HRA pursuant to Minnesota Statutes Sections 469.001 through 469.047. Unavoidable Delays. Delays which are the direct result of strikes, labor troubles, fire or other casualty to the hnprovements, litigation commenced by third parties which results in delays or acts of any federal, state or local government, except those contemplated by this Agreement, which are beyond the control of the Buyer. 2 409981v2 JAE RC125-65 Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. Program Guidelines B. Certificate of Completion C. Promissory Note D. Mortgage Section 1.3 Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. (b) The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND UNDERTAKINGS Section 2.1 By the Buyer. The Buyer makes the following representations and undertakings: (a) The Buyer has the legal authority and power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement; (b) The Buyer has the necessary equity capital or will obtain commitments for financing necessary for construction of the Improvements; (c) The Buyer will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations; (d) The Buyer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, the requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed; and 3 409981v2 JAE RC125-65 5 '5 (e) The plans for the Improvements have been prepared by a qualified draftsperson or architect. (f) The Buyer intends to reside at the Property following completion of construction of the Improvements and is not acquiring the Property for the purpose of resale or speculation. (g) The Buyer has read and understands the Guidelines and agrees to be bound by them. Section 2.2 By the HRA. The HRA makes the following representations as the basis for the undertaking on its part herein contained: (a) The HRA is authorized by law to enter into this Agreement and to carry out its obligations hereunder; and (b) The HRA will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Buyer and will cooperate with the efforts of Buyer to secure the granting of any permit, license, or other approval required to allow the construction of the Improvements. ARTICLE III. ACQUISITION OF PROPERTY; CONVEYANCE TO BUYER Section 3.1 Purchase of Property by Buyer. The Buyer has, or will utilize its best efforts to enter into a binding agreement to purchase the Property. If no binding purchase agreement is entered into within 30 days from the date of this Agreement, either the HRA or the Buyer may declare this Agreement null and void, and the parties will thereby be released from any further obligation hereunder. Section 3.2 Closing. Closing on the Property must take place on or before October 1, 2012,or such other date as may be agreed to by the Buyer and the HRA in writing. ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Section 4.1. Construction of Improvements. The Buyer shall submit to the HRA the Construction Plans for approval by the HRA. The Buyer shall cause the Improvements to be- constructed on the Property in accordance with the Guidelines and the Construction Plans, shall cause the Improvements to meet or exceed the Minimum Market Value, and shall maintain, preserve and keep the Improvements in good repair and condition. Section 4.2. Building Plans. No building permit will be issued by the City unless the building plans are in conformity with the Guidelines contained in Exhibit A, the Construction 4 409981v2 JAE RC125-65 Plans,the required Minimum Market Value, other requirements contained in this Agreement, and all local, state and federal regulations. The Buyer shall provide the HRA with a set of building plans to be used in connection with any application for a building permit. The HRA shall,within 25 days of receipt of the building plans submitted in application for a building permit, review such building plans to determine whether the foregoing requirements have been met. If the HRA determines such building plans to be deficient, it shall notify the Buyer in writing stating the deficiencies and the steps necessary for correction. Issuance of the building permit by the City shall be a conclusive determination that the building plans have been approved and shall satisfy the provisions of this Section 4.2. Section 4.3 Schedule of Construction. Subject to Unavoidable Delays, construction of the Improvements shall be completed prior to December 31, 2012. All construction shall be in conformity with the approved Construction Plans and the Guidelines. Periodically during construction the Buyer shall make reports in such detail as may reasonably be requested by the HRA concerning the actual progress of construction. If at any time prior to completion of construction the HRA has cause to believe that the Buyer will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Buyer and demand assurances from the Buyer regarding the Buyer's construction schedule. If such assurances are not forthcoming or are deemed by the HRA at its sole discretion to be inadequate, the HRA may declare an Event of Default and may avail itself of any of the remedies specified in Section 8.2 of this Agreement. Section 4.4 Certificate of Completion. Promptly after notification by the Buyer of completion of construction of the Improvements, the HRA shall inspect the construction to determine whether the Improvements have been completed in accordance with the Construction Plans and the terms of this Agreement, including the date of the completion thereof. In the event that the HRA is satisfied with the construction, the HRA shall furnish the Buyer with a Certificate of Completion in the form attached hereto as Exhibit B and a satisfaction of the Mortgage and the Note in recordable form. Such certification by the HRA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligation of the Buyer to construct the Improvements. If the HRA shall refuse or fail to provide certification in accordance with the provisions of this Section 4.4, the HRA shall within 15 days of such notification provide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Improvements in accordance with the provisions of this Agreement necessary, in the opinion of the HRA, for the Buyer to take or perform in order to obtain such certification. Section 4.5 Failure to Construct. In the event that construction of the Improvements is not completed as provided in Section 4.3 of this Agreement, an Event of Default shall be deemed to have occurred, and the HRA may proceed with its remedies under Section 8.2. 5 409981v2 JAE RC125-65 ARTICLE V. REDEVELOPMENT ASSISTANCE Section 5.1 Redevelopment Credit. As consideration for the Buyer's covenant to construct the Improvements, and subject to all of the conditions of this Agreement, the HRA agrees to provide the Buyer with a Redevelopment Credit in the amount of$50,000. If the Buyer is in compliance with its obligations under this Agreement, the Redevelopment Credit will be paid to the Buyer in three installments. The first installment of$20,000 will be due and payable to the Buyer upon Closing on the Construction Loan. The second installment of$20,000 will be due and payable to the Buyer not later than five days following the date a building permit for construction of the Improvements is issued. The final installment will be due and payable to the Buyer on the date of issuance of a Certificate of Completion evidencing that the Improvements have been completed, including the landscaping. Section 5.2 Issuance of the Note and Mortgage. The Redevelopment Credit provided to Buyer shall be treated as a forgivable loan. At Closing on the Construction Loan, the Buyer will provide the HRA with a promissory note in the form attached hereto as Exhibit C and a mortgage in recordable form (and pay for the cost of recording) in the form attached hereto as Exhibit D. The Buyer will pay all costs associated with recording this Agreement, the Note, and the Mortgage against the Property. No portion of the Redevelopment Credit shall be disbursed by the HRA until the Note and Mortgage are recorded against the Property. Pursuant to the Note, the Buyer agrees to repay all of the redevelopment credit advanced to the Buyer in the event that construction of the Improvements is not completed on or before the date specified in Section 4.3. The mortgage will be a first lien on the Property and will act as security for repayment of any of the redevelopment credit advanced to the Buyer in the event that construction of the Improvements is not completed on or before the date specified in Section 4.3. Unless the HRA agrees otherwise in accordance with Section 6.3,the Mortgage will be a first lien on the Property. The Note will be forgiven and the Mortgage will be released if the Buyer receives a Certificate of Completion, and is not otherwise in default of any of its obligations hereunder. If a Certificate of Completion is not issued within the time period specified in Section 4.3, or if the Buyer sells or otherwise conveys any interest in the Property before the issuance of a Certificate of Completion, an Event of Default shall be deemed to have occurred and the HRA may exercise its remedies under Section 8.2. ARTICLE VI. FINANCING Section 6.1 Financing. Within 20 days of the date of execution of this Agreement, the Buyer shall submit to the HRA evidence of financing for the Improvements in compliance with the provisions of Section 2.1(b) of this Agreement. If the HRA finds that the financing is adequate in amount to provide for the construction of the Improvements, the HRA shall notify the Buyer of its approval. 6 409981v2 JAE RC 125-65 U If the HRA rejects the evidence of financing as inadequate, the Buyer shall have 30 days or such additional period of time as the Buyer may reasonably require from the date of such notification to submit evidence of financing satisfactory to the HRA. If the Buyer fails to submit such evidence or fails to use due diligence in pursuing financing, the HRA may terminate this Agreement and both parties shall be released from any further obligation or liability hereunder, except for the HRA's remedies pursuant to Section 4.5 of this Agreement. Section 6.2 Copy of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand to the Buyer with respect to any Event of Default by the Buyer in its obligations or covenants under this Agreement,the HRA shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by this Agreement at the last address of such holder shown in the records of the HRA. Section 6.3 Subordination. In order to facilitate obtaining financing for the construction of the Improvements by the Buyer, the HRA may, in its sole and exclusive discretion agree to modify or subordinate this Agreement, the Note or the Mortgage in the manner and to the extent the HRA deems reasonable, upon request by the financial institution and the Buyer. ARTICLE VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1 Representation as to Redevelopment. The Buyer represents and agrees that its undertakings pursuant to the Agreement, are for the purpose of development of the Property and not for speculation in land holding. The Buyer further recognizes that, in view of the importance of the Development to the general welfare of Richfield and the substantial financing and other public aids that have been made available by the HRA for the purpose of making the Development possible, the qualification and identity of the Buyer are of particular concern to the HRA. The Buyer further recognizes that it is because of such qualifications and identity that the HRA is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Buyer for the faithful performance of all undertakings and covenants agreed by the Buyer to be performed. Section 7.2 Prohibition Against Transfer of Property and Assignment of Agreement. For the reasons set out in Section 7.1 of this Agreement, the Buyer represents and agrees that prior to the issuance of the Certificate of Completion by the HRA: (a) Except only by way of security for, and only for the purpose of obtaining financing necessary to enable the Buyer or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement, the Buyer, except as so authorized, has not made or created, and that it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or any trust in respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the HRA. 7 40998 I v2 JAE RC 125-65 CI ARTICLE VIII. EVENTS OF DEFAULT Section 8.1 Events of Default Defined. The following shall be deemed Events of Default under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Buyer to pay when due the payments required to be paid or secured under any provision of this Agreement; (b) Failure by the Buyer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including the time for such performance; (c) If the Buyer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Property; (d) If the Buyer, on a petition in bankruptcy filed against it, be adjudicated as bankrupt, or a court of competent jurisdiction shall enter an order or decree appointing, without the consent of the Buyer, a receiver of the Buyer or of the whole or substantially all of its property, or approve a petition filed against the Buyer seeking reorganization or arrangement of the Buyer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from the date of entry thereof; or (e) If the Buyer is in default under any mortgage recorded against the Property and has not entered into a work-out agreement with the holder of the mortgage. Section 8.2 Remedies on Default. Whenever any Event of Default occurs, the HRA may, in addition to any other remedies or rights given the HRA under this Agreement, take any one or more of the following actions following written notice by the HRA to the Buyer as provided in Section 9.3 of this Agreement: (a) Suspend its performance under this Agreement until it receives assurances from the Buyer, deemed reasonably adequate by the HRA, that the Buyer will cure its default and continue its performance under this Agreement; (b) Cancel or rescind this Agreement; (c) Declare the Note immediately due and payable in full; (d) Foreclose on the Mortgage; 8 409981v2 JAE RC 125-65 (e) Withhold the Certificate of Completion; or (f) Take whatever action at law or in equity may appear necessary or desirable to the HRA to enforce performance and observance of any obligation, agreement, or covenant of the Buyer under this Agreement; provided, however, that any exercise by the HRA of its rights or remedies hereunder shall always be subject to and limited by, and shall not defeat, render invalid or limit in any way(a) the lien of any mortgage authorized by this Agreement and (b) any rights or interest provided in this Agreement for the protection of the holders of a mortgage; and provided further that should any mortgagee succeed by foreclosure of the mortgage or deed in lieu thereof to the Buyer's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the obligations of the Buyer under this Agreement to the extent that the same have not therefore been performed by the Buyer. Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the HRA or the Buyer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VIII. Section 8.4 No Additional Waiver Implied by One Waiver. In the event of the occurrence of any Event of Default by either party, which Event of Default is thereafter waived by the other party, such waiver shall be limited to the particular Event of Default so waived and shall not be deemed to waive any other concurrent,previous or subsequent Event of Default. ARTICLE IX. ADDITIONAL PROVISIONS Section 9.1 Conflict of Interests; Representatives Not Individually Liable. No HRA officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially there from. No member, official, or employee of the HRA shall be personally liable to the Buyer, or any successor in interest, for any Event of Default by the HRA or for any amount which may become due to the Buyer or successor or on any obligations under the terms of this Agreement. Section 9.2 Non-Discrimination. The provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non-discrimination, and any affirmative action program of the City shall be considered a part of this Agreement and binding on the Buyer as though fully set forth herein. 9 409981v2 JAE RC125-65 Section 9.3 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepared, return receipt requested or delivered personally: (a) As to the HRA: Richfield HRA Attn: Housing Specialist 6700 Portland Avenue South Richfield,MN 55423 (b) As to the Buyer: Noilya Muharamova 115 58th Street East Minneapolis,MN 55419 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section 9.3. Section 9.4 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. 10 409981v2 JAE RC125-65 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by , the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), a public body corporate and politic under the laws of Minnesota, on behalf of the HRA. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2012, by Steven L. Devich, the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), a public body corporate and politic under the laws of Minnesota, on behalf of the HRA. Notary Public 11 409981v2 JAL RC 125-65 I BUYER t■,i&V N/A STATE OF MINNESOTA ) ) SS COUNTY OF HE I'i 1U b F'J 1 ) The foregoing instrument was acknowledged before me this f))._b day of ��C M r3 -2 , 2012, by NCI 414 /4 h'Jbli-1131■41 fvOW LiN►V}F)fR1j ) F'EI2..5 n1 .. [insert marital status]. Notary Public 7 THEW RAJAUNGAM nMY N 7 12 409981v2 JAE RC125-65 EXHIBIT A RICHFIELD REDISCOVERED PROCEDURAL GUIDELINES REDEVELOPMENT CREDIT PROGRAM Revised: July 25, 2011 A-1 409981v2 JAE RC125-65 PROGRAM OBJECTIVES 3 DEFINITIONS 3 PROGRAM BASICS 3 APPLICATION REQUIREMENTS 4 SECURING A SITE 5 PROPERTY EVALUATION CONSIDERATIONS AND PROCEDURES 5 HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS 6 NEW HOME STANDARDS 6 SITE STANDARDS 6 CONSTRUCTION REQUIREMENTS 6 GENERAL STANDARDS 7 GREEN COMMUNITY CONCEPTS 8 DISBURSEMENT OF FUNDS 8 SOLICITATION OF NEW DEVELOPMENT PROPOSALS 9 GENERAL PROGRAM MARKETING 9 DATA PRIVACY 9 B-2 409981v2 JAE RC125-65 This document has been developed as a guidance tool for program administration. It should not be interpreted as constituting any contractual agreement or liability by the City or Housing and Redevelopment Authority(HRA). I.Program Objectives • To remove substandard, functionally obsolete housing on scattered sites throughout the city with new, higher-valued housing • To eliminate the blighting influence of substandard housing, thus improving residential neighborhoods. • To alleviate the shortage of housing choices for families. • To facilitate"Market Rate Initiatives"which include: o Larger three-to four-bedroom, owner-occupied homes designed for families These objectives will be achieved through the acquisition of property by private Buyers and the development of newly constructed homes. II. Definitions Buyer.An individual(s)who will build, own and occupy a new single-family home in Richfield. The Buyer will occupy the property and not offer it for rent. The Buyer may not also function as the Builder on a Richfield Rediscovered project. The Buyer and Builder must be unrelated separate legal entities. A speculative project by a Buyer may be considered if all other program requirements can be met. However, neither the Buyer, the Buyer's Builder or Builder's subcontractors, or the Builder's realty agents may occupy or purchase the property. Buyers, unless licensed in the trade specified, may not put any sweat equity into the construction of the foundation, wall/roof framing, shingling, exterior work, electrical/plumbing/HVAC systems or interior carpentry. Builder. Contractor who has signed contract with the Buyer to build a single-family home on the lot identified in the application. Contract for Private Development: A contract between the HRA and the Buyer or Builder that establishes the conditions under which the lot will be sold and the proposed house will be developed. Green Community Concepts Plan: A written plan indicating how the proposed development will incorporate green building features and concepts. Priority will be given to projects that incorporate green building features. HRA: Housing and Redevelopment Authority in and for the City of Richfield. Seller. Owner of property identified as eligible by the HRA based on condition, size and marketability. Redevelopment Credit:To offset costs of acquisition and demolition, a redevelopment credit of$50,000 is available from the HRA for a Buyer who acquires the property directly from the seller for redevelopment. III. Program Basics • Program is first-come,first-serve, subject to funding availability. • Buyer purchases property, hires builder to demolish existing structures and constructs a new single-family home in conformance with program requirements. • A$50,000 Redevelopment Credit is available per completed property. • Projects must be completed within one year of HRA approval of the project. B-3 409981v2 JAE RC125-65 IV.Application Requirements The following must be submitted for application to the program: 1. $525 application fee An application fee, in the form of a certified cashier's check made out to the Richfield HRA, must be paid at the time of application. This fee is non-refundable. 2. Project Information Sheet 3. Purchase agreement The Buyer must present a valid purchase agreement for the lot it proposes to redevelop. The closing must be scheduled after the date the HRA approves the Contract. 4. Blueprints The layout of all levels, including basement and unfinished space, must be provided. 5. Elevations Elevations of all four sides of the house, including view of garage shall be provided. 6. Site plan The site plan shall indicate the location of the new house,walkways and garage. 7. Landscaping plan A landscaping plan may be hand-drawn by the applicants, but must indicate the location and type of trees, shrubbery, flowers and landscaping materials (e.g. rocks, mulch). The entire grounds shall be landscaped and be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining properties. Specific lot line blending requirements may be required, as appropriate, for specific sites. 8. Green Community Concepts Plan The plan should indicate what Green Community Concepts will be incorporated into the project. 9. Detail of construction materials to be used on the project. 10. Construction timeline Construction must be completed with one year of the purchase of the property. 11. Signed contract with Builder 12. Financial capability statement a. A statement from a financial institution indicating willingness,with standard contingencies, to provide sufficient construction capital to complete the project. 13. Builder References a. Five previous customers b. Three major suppliers, one being the construction supplier c. Building inspectors from two cities where the Builder has constructed new housing within the past three years 14. Proof of Builder's Comprehensive General Liability with Property Damage Protection. 15. Proof of sufficient worker's compensation insurance coverage by the Builder. 16. Written warranty program B-4 409981 v2 JAE RC 125-65 a. To be provided to the Buyer, which guarantees at a minimum, warranted repairs as required by Minnesota State Statute. V. Securing a Site Participants identify a property on their own or from a list of Richfield Rediscovered-eligible properties provided by HRA staff. If the property has not already been qualified for the program, it must be evaluated for substandardness or market obsolescence. Upon request of a prospective Buyer, HRA staff may research the property, and arrange for a "Substandard Evaluation" to be conducted. An evaluator will inspect the interior for substandard qualification. The Buyer is responsible for negotiating with the Seller on a purchase price. Once a purchase agreement between the Seller and Buyer has been signed, the Buyer should submit an application form and required supporting documents. Only when HRA staff has received a complete application, can the $50,000 Redevelopment Credit be reserved. The reservation of funds is not an approval by the HRA. All applications must be brought to the HRA at a regularly-scheduled meeting for approval. VI. Property Evaluation Considerations and Procedures Properties with the lowest market values, poorest visibility, and/or a history of code violations, will be considered first for the program. To be eligible for the Richfield Rediscovered program, a house must be structurally substandard and meet at least of one of the criteria in Criteria A and all of Criteria B. Criteria A • Obsolete design for block and area in which it is located. • Deteriorated to the point that it has caused blight to other adjoining properties. • Detrimental to the health or safety of abutting properties. • Less than $140,000 in value, as determined by the City of Richfield Assessing Department. Criteria B • Site can be developed with a new home within city code requirements, including conformance with the Zoning Code and the Comprehensive Plan • Property does not cause negative impact on other redevelopment projects. Redevelopment projects may include: o Established commercial redevelopment areas o Right-of-way improvement projects such as 1-494, 1-35W, Crosstown Highway 62, TH 77 and 66th Street o Negative airport noise zones o Stormwater/flood prevention improvement projects o Other, as determined by the HRA At the request of an interested Buyer, staff will research the property and if it is believed that the property may qualify for the Richfield Rediscovered program, a "Substandard Evaluation" will be arranged. An evaluator will inspect the interior for substandard qualification. If a property meets the substandard test during the independent "Substandard Evaluation", application procedures can continue. If the substandard test cannot be met, the property cannot be considered for the Richfield Rediscovered program. B-5 409981v2 JAE RC 125-65 At the discretion of staff, properties over 50 years old may also be required to be evaluated for historical significance through the Minnesota Historical Society. VII.House Design and Site Development Requirements Housing design is a critical element of the program. Siding materials, exterior façade presentation, roof, window, siding and building line variability, finished landscape, interior space function and use are all important issues of design to the HRA. The criteria were created to ensure that the homes built on the identified lots blend in with the surrounding neighborhood and respond to the specific concerns of the HRA. All new houses built under the Richfield Rediscovered Program must meet the requirements of the City's Zoning Code and additional criteria, as listed in this document. The development of all sites shall meet the development criteria listed below, as reviewed and approved by the HRA. To maximize the development of a given lot, the HRA reserves the right to explore all development options without obligating the HRA to support any specific proposal, idea or solicitation. A. New Home Standards 1. Existing buildings must be demolished. If an existing garage is in good condition, it may be retained upon review by HRA staff and the Building Official. 2. New dwelling must be owner-occupied and single-family. 3. Three finished bedrooms are required. 4. Two finished bathrooms are required. 5. Two-car garage is required. 6. A full basement is required, unless the selected design results in a split-level or a garden-level type of basement. In the case of an "accessible" house, a basement may be omitted if it would otherwise prohibit accessible design elements. B.Site Standards 1. After construction, the site must be fully landscaped, including plantings around the foundation. The entire grounds shall be landscaped and be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining properties. Specific lot line blending requirements may be required, as appropriate,for specific sites. At a minimum, the applicant must meet the "Landscaping and Screening Requirements" in the City's Zoning Code under Section 544.03, Subd. 4, General landscaping requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.cityofrichfield.org. To the greatest extent possible, existing trees should be preserved. Any trees removed must be replaced (they do not have to be the same species or in the same location) and should be labeled on the required landscape plan. 2. Utility meters shall be screened from street view and locations must be specified on plans. 3. Site drainage should be accommodated on the site so that water is directed away from the new home and the neighboring properties. Neighboring properties must not be disturbed by the creation of drainage swales. Specific storm water management requirements may be required, as appropriate, including the addition of gutters for specific sites. Construction and the finished structure must not have detrimental impact on storm water drainage patterns in the neighborhood. 4. All air conditioning units must be located in the rear yard of the house or as approved by the HRA. C. Construction Requirements B-6 409981v2 JAE RC125-65 1. Existing trees must be protected during construction. A tree wrap with board reinforcements shall be sued on trees directly adjacent to active grading and construction area. Damaged or destroyed trees must be replaced. 2. The construction site, neighboring properties and adjacent public streets shall be kept free of construction debris at all times. 3. No construction workers, construction equipment or construction material shall encroach upon neighboring properties. 4. The property shall have a new sanitary service line installed to the city sanitary sewer main consisting of schedule 40 PVC or equivalent. If there is an existing 6"sewer stub at the property line, it must be lined with 4"schedule 40 PVC or equivalent to the city's sanitary main, and it must include a"donut"at the end with cement. The line must be televised after installation to ensure the following: 1. There are no obstructions in the line. 2. The PVC liner is not protruding into the city's sanitary sewer main line. D.General Standards 1. The value of the new home must meet or exceed the minimum value specified in the Contract for Private Redevelopment. 2. All homes in the Richfield Rediscovered Program must be stick-built or high-quality modular, new construction. 3. Exterior materials (siding, soffit, doors and windows) should be low-maintenance and durable. Brick, aluminum, vinyl and fiber cement siding are preferred. Natural cedar lap is acceptable if properly stained or painted. Hardboard panels or hardboard lap siding are prohibited. Roof valleys should have metal valleys and not be woven. 4. Unit height and mass of the new house shall be compatible with the scale of the surrounding homes in the neighborhood. 5. Plans must present a balanced and pleasing distribution of wall, door and window areas from all views. 6. The dominance of the garage door must be minimized through placement, architectural detail, door design and utilization and design of windows. Front-loaded garages (where the garage door faces the street), shall not be located closer to the front lot line than the foremost facade of the principal building facing the front property line. Garage sidewalls that face the street should appear to contain habitable space. This can be accomplished by incorporating windows and other design elements into the garage wall that are in character with the remainder of the dwelling. For lots that have alley access, the garage should be oriented to access the alley. 7. All building plans must have been prepared in consultation with an architect or qualified draftsperson. All requirements by the Building Inspections Division must be met. 8. All Richfield Rediscovered houses must meet or exceed Minnesota Energy Code requirements. 9. All new homes should be built to provide high quality sound insulation. Recommendations for sound insulation measures may be provided on a site-by-site basis. All construction must conform to current sound attenuation building standards for properties located in 65-69 and 70-74 Ldn zones. 10. If a variance is required to construct the proposed development, the HRA may, at its sole discretion, choose to reject the application. B-7 409981v2 JAE RC125-65 11. if the HRA accepts an application that needs a variance(s), sale of the property will be contingent upon the applicant obtaining the necessary variance(s). The Applicant is responsible for applying for the variance(s)at its own expense. E. Green Community Concepts Priority will be given to projects incorporating the green community concepts listed below. Any concepts the applicant would like considered during the application process should be explained in a cover letter submitted with the application. 1. Protect and conserve water and soil. To reduce water consumption, consider the use of water- conserving appliances, fixtures, and landscaping. Steps should be taken to minimize the loss of soil and sediment during construction and occupancy to reduce storm-water sediment and air pollution. 2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural heating, cooling and day lighting, and by using energy-efficient appliances, equipment and lighting. 3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materials and resources. Use locally-produced, salvaged and/or manufactured materials, products with recycled content or from renewable sources, recyclable or reusable materials, and low-VOC-emitting materials. 5. Reduce waste. Reduce and manage wastes generated during the construction process and operation of buildings. When demolition occurs, consider the sorting and recycling of leftover materials and debris. VIII.City Review Procedure 1. Applicant reviews proposed project with HRA staff before plans are finalized. 2. HRA Staff will review application to ensure conformance with House Design and Site Development Requirements. 3. HRA staff prepares a report and recommendation for the HRA. 4. A Contract for Private Redevelopment is reviewed and signed by applicants in advance of the HRA meeting. 5. HRA reviews application and takes action at the HRA meeting. 6. If approved,the Contract for Private Redevelopment is executed by the HRA. 7. Upon approval by the HRA, the applicant is responsible for acquiring the necessary building and demolition permits with the City of Richfield Inspections Department. If changes are required, the Buyer must notify HRA staff. IX. Disbursement of Funds Approved projects are eligible for a $50,000 Redevelopment Credit. The Credit will be disbursed upon completion of the project (including landscaping) and the issuance of a Certificate of Completion by the Building Official. B-8 409981v2 JAE RC125-65 The Buyer may also request the Redevelopment Credit to be issued in three installments. The first installment of $20,000 would be issued at the time of closing on the property, the second for $20,000 when permits are pulled and the third for $10,000 when the project has been completed and a Certificate of Completion has been issued by the Building Official. A mortgage will be filed and a lien put on the house until the project has been completed. Filing fees are the responsibility of the applicant. The disbursement of funds will be outlined in the Contract for Private Redevelopment, to be executed by the HRA and the Buyer. X.Solicitation of New Development Proposals The HRA will advertise the Richfield Redevelopment program in publications or newspapers, by direct mail,or other methods as deemed appropriate, to solicit interest. When the HRA has property information, it will provide the address of the property, lot dimensions and contact information of the seller. Interested parties may contact the owners directly. All purchase negotiations and timing issues must be resolved between the parties. Properties identified by the applicant may also qualify. The HRA will review each one on a case-by-case basis. A program information package will be available upon request to interested Buyers. The information packet will include the following: • Richfield Rediscovered Procedural Guidelines • Sample Contract for Private Redevelopment • Application Cover Sheet • Project Information Sheet • Lot List XI. General Program Marketing Richfield Rediscovered program marketing is entirely at the discretion of the HRA. It may include the following: 1. Buyer Solicitation. The HRA may market the program to potential Buyers through promotional articles, direct mail, the Internet, or other methods as deemed appropriate. Buyers may be any financially capable individual or family, including first-time buyers, move-up buyers or empty- nesters. 2. Public Promotion. a. The HRA will periodically provide information about the program through articles in city publications, on the City's web site, on the Community Cable channel, or via press releases to promote community awareness. b. A public open house may be held to provide an opportunity for residents and other interested parties to collectively view the finished homes. The Parade of Homes Fall Showcase and Spring Preview may also accomplish this. C. . XII. Data Privacy All information secured through the program is subject to the Data Privacy Act. B-9 409981v2 JAE RC125-65 EXHIBIT B FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that , has fully and completely complied with its obligations under that document entitled "Contract for Private Development", between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and dated filed as Document No. with respect to the construction of the approved construction plans at , legally described as and is released and forever discharged from its obligations under such Contract. DATED: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY RICHFIELD By: Its: Executive Director STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20 , by , the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota on behalf of the public body corporate and politic. Notary Public This instrument was drafted by: Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield,MN 55423 612-861-9760 B-1 409981v2 JAE RC125-65 2L EXHIBIT C PROMISSORY NOTE $50,000 ,20 (the "Maker" or the "Borrower"), a single individual [or a married individual],for value received,hereby promises to pay to the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota or its assigns(the"Authority,"and any assigns are collectively referred to herein as the "Holder"), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of Dollars ($ ), in any coin or currency that at the time or times of payment is legal tender for the payment of private debts in the United States of America. The principal of this Promissory Note (the "Note") is payable as follows: 1. This Note is given pursuant to a Contract for Private Development dated (the "Contract"), between the Maker and Authority. All of the agreements, conditions, covenants, provisions, and stipulations and remedies contained in the Contract are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. It is agreed that time is of the essence of this Note. If a default by the Maker or the Holder occurs under the Contract, then the Holder or Maker may at its right and option, exercise any rights it may have under law or at equity, under the Contract and under this Note. Terms contained in this Note shall have the meanings given them in the Contract unless a different meaning is clearly indicated. 2. This Note shall bear no interest. 3. Pursuant to Section 4.4 of the Contract, the principal amount of this Note shall be forgiven and the Mortgage securing the Maker's obligations under this Note shall be released if the Buyer receives a Certificate of Completion and is not otherwise in default of any of its obligations under the Contract. 4. The remedies of the Maker or Holder as provided herein, and in the Contract, or any other instrument, shall be cumulative and concurrent and may be pursued singly, successively, or together, and, at the sole discretion of the Maker or Holder, may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Maker or Holder shall not be deemed, by any act of omission or commission,to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Maker or Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. D-1 409981v2 JAE RC 125-65 6. If any term of this Note, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those to which it is invalid or unenforceable shall not be affected thereby, and each term of this Note shall be valid and enforceable to the fullest extent permitted by law. 7. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise 8. The performance or observance of any promise or condition set forth in this Note may be waived, amended, or modified only by a writing signed by the Maker and the Holder. No delay in the exercise of any power, right, or remedy operates as a waiver thereof, nor shall any single or partial exercise of any other power,right,or remedy. 9. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. B-2 409981v2 JAE RCI25-65 c5 2i IN WITNESS WHEREOF, the Maker has caused this Note to be duly executed as of the day of ,20 . [BORROWER] By: Clieet71 Its: By: Its: B-3 40998 t v2 JAE RC 125-65 9—Z/ EXHIBIT D MORTGAGE (Top 3 inches reserved for recording data) MORTGAGE by Individual(s) MORTGAGE REGISTRY TAX DATE: [month/day/year] DUE: $ ❑ CHECK IF APPLICABLE:NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,ENFORCEMENT OF THIS MORTGAGE IN MINNESOTA IS LIMITED TO A DEBT AMOUNT OF$[...] UNDER CHAPTER 287 OF MINNESOTA STATUTES. THIS MORTGAGE("Mortgage") is given by[insert name and marital status of each Borrower], as mortgagor("Borrower"),to The Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, as mortgagee("Lender"). In consideration of the receipt of Fifty Thousand and no/100 Dollars ($50,000.00) (the"Indebtedness") from Lender,Borrower hereby mortgages, with power of sale,the real property in Hennepin County,Minnesota, legally described as follows: [...] Check here if all or part of the described real property is Registered(Torrens) ❑ together with all hereditaments and appurtenances belonging thereto(the"Property"), subject to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes and installments of special assessments not yet due and payable; and (f) The following liens or encumbrances, if any: [insert encumbrances] D-1 409981 v2 JAE RC 125-65 Borrower covenants with Lender as follows: 1. Repayment of Indebtedness. If Borrower(a)pays the Indebtedness to Lender according to the terms of the promissory note or other instrument of even date herewith that evidences the Indebtedness and all renewals, extensions, and modifications thereto (the"Note"), final payment of which is due on [insert maturity date]; (b)pays interest on the Indebtedness as provided in the Note; (c)repays to Lender, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, if any;and(d)keeps and performs all the covenants and agreements contained herein,then Borrower's obligations under this Mortgage will be satisfied,and Lender will deliver an executed satisfaction of this Mortgage to Borrower. It is Borrower's responsibility to record any satisfaction of this Mortgage at Borrower's expense. 2. Statutory Covenants. Borrower makes and includes in this Mortgage the following covenants and provisions set forth in Minn. Stat. 507.15,and the relevant statutory covenant equivalents contained therein are hereby incorporated by reference: (a) To warrant the title to the Property; (b) To pay the Indebtedness as herein provided; (c) To pay all taxes; (d) That the Property shall be kept in repair and no waste shall be committed; (e) To pay principal and interest on prior mortgages (if any). 3. Additional Covenants and Agreements of Borrower. Borrower makes the following additional covenants and agreements with Lender: (a) Borrower shall keep all buildings, improvements, and fixtures now or later located on all or any part of the Property(collectively,the"Improvements") insured against loss by fire, lightning, and such other perils as are included in a standard all-risk endorsement, and against loss or damage by all other risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism,malicious mischief, burglary,theft, and if applicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of the Improvements,without deduction for physical depreciation. If any of the Improvements are located in a federally designated flood prone area, and if flood insurance is available for that area,Borrower shall procure and maintain flood insurance in amounts reasonably satisfactory to Lender. Borrower shall procure and maintain liability insurance against claims for bodily injury, death, and property damage occurring on or about the Property in amounts reasonably satisfactory to Lender and naming Lender as an additional insured, all for the protection of the Lender. (b) Each insurance policy required pursuant to Paragraph 3(a)must contain provisions in favor of Lender affording all right and privileges customarily provided under the so-called standard mortgagee clause. Each policy must be issued by an insurance company or companies licensed to do business in Minnesota and acceptable to Lender. Each policy must provide for not less than ten(10) days written notice to Lender before cancellation,non-renewal,termination, or change in coverage. Borrower will deliver to Lender a duplicate original or certificate of such insurance policies and of all renewals and modifications of such policies. (c) If the Property is damaged by fire or other casualty, Borrower must promptly give notice of such damage to Lender and the insurance company. In such event,the insurance proceeds paid on account of such damage will be applied to payment of the amounts D-2 409981v2 JAE RC125-65 owed by Borrower pursuant to the Note, even if such amounts are not otherwise then due, unless Borrower is permitted to make an election as described in the next paragraph. Such amounts first will be applied to unpaid accrued interest and next to the principal to be paid as provided in the Note in the inverse order of their maturity. Such payment(s)will not postpone the due date of the installments to be paid pursuant to the Note or change the amount of such installments. The balance of insurance proceeds, if any, will be the property of Borrower. (d) Notwithstanding the provisions of Paragraph 3(c), and unless otherwise agreed by Borrower and Lender in writing, if(i)Borrower is not in default under this Mortgage (or after Borrower has cured any such default); (ii)the mortgagees under any prior mortgages do not require otherwise; and(iii) such damage does not exceed ten percent(10%)of the then assessed market value of the Improvements,then Borrower may elect to have that portion of such insurance proceeds necessary to repair,replace, or restore the damaged Property(the"Repairs") deposited in escrow with a bank or title insurance company qualified to do business in Minnesota, or such other party as may be mutually agreeable to Lender and Borrower. The election may only be made by written notice to Lender within sixty(60) days after the damage occurs; and the election will only be permitted if the plans, specifications, and contracts for the Repairs are approved by Lender, which approval shall not be unreasonably withheld, conditioned, or delayed. If such a permitted election is made by Borrower, Lender and Borrower shall jointly deposit the insurance proceeds into escrow when paid. If such insurance proceeds are insufficient for the Repairs,Borrower shall,before the commencement of the Repairs, deposit into such escrow sufficient additional money to insure the full payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Borrower shall at all times be responsible to pay the full cost of the Repairs. All escrowed funds shall be disbursed in accordance with sound, generally accepted, construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Borrower into such escrow before the commencement of the Repairs. Borrower shall complete the Repairs as soon as reasonably possible and in a good and workmanlike manner, and in any event the Repairs shall be completed by Borrower within one(1)year after the damage occurs. If, following the completion of and payment for the Repairs, there remains any undisbursed escrow funds, such funds shall be applied to payment of the amounts owed by Borrower under the Note in accordance with Paragraph 3(c). (e) If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation,the money paid pursuant to such condemnation or conveyance in lieu thereof must be applied to payment of the amounts due by Borrower to Lender under the Note as set forth in Paragraph 3(c), even if such amounts are not then due to be paid. (f) Borrower will diligently complete all Improvements, if any,that may now or hereafter be under construction on the Property. (g) Borrower will pay all dues, fees, or assessments, if any,which are due and payable by Borrower to any homeowners or similar association as a result of the Property's inclusion therein. (h) Borrower will pay any other expenses and attorneys' fees incurred by Lender pursuant to the Note or as reasonably required for the protection of the lien of this Mortgage. D-3 409981v2 JAE RC125-65 4. Payment by Lender. If Borrower fails to pay any amounts to be paid hereunder to Lender or any third parties, or to insure the Improvements,and deliver the policies as required herein, Lender may make such payments or secure such insurance. The sums so paid shall be additional Indebtedness,bear interest from the date of such payment at the same rate set forth in the Note,be an additional lien upon the Property, and be immediately due and payable upon written demand. This Mortgage secures the repayment of such advances. 5. Default. In case of default(i)in the payment of sums to be paid under the Note or this Mortgage,when the same becomes due, (ii)in any of the covenants set forth in this Mortgage, (iii)under the terms of the Note, or(iv)under any addendum attached to this Mortgage, Lender may declare the unpaid balance of the Note and the interest accrued thereon,together with all sums advanced hereunder, immediately due and payable without notice, and Borrower hereby authorizes and empowers Lender to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same in fee simple in accordance with Minn. Stat.Ch. 580, and out of the monies arising from such sale, to retain all sums secured hereby,with interest and all legal costs and charges of such foreclosure and the maximum attorneys' fees permitted by law,which costs, charges, and fees Borrower agrees to pay. 6. Residential Mortgages. Notwithstanding the provisions of Paragraph 5,if the Indebtedness is a"conventional loan"as defined in Minn. Stat. 47.20, subd. 2(3),Borrower and Lender further covenant and agree as follows: (a) Lender shall furnish to Borrower a conformed copy of the Note and this Mortgage at the time of execution or within a reasonable time after recordation hereof. (b) Upon default by Borrower of any covenant or agreement under the terms of this Mortgage,Lender shall give notice to Borrower prior to foreclosure as provided in Paragraph 6(c)and such notice shall specify: (i)the nature of the default; (ii)the action required to cure the default; (iii)a date,not less than thirty(30) days from the date the notice is mailed to Borrower,by which the default must be cured; (iv)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage and sale of the Property; (v)that Borrower has the right to reinstate this Mortgage after acceleration; and(vi)that Borrower has the right to bring a court action to assert the non-existence of the default or any other defense of Borrower to acceleration and sale. (c) In addition to any notice required under applicable law to be given in another manner, (i) any notice to Borrower provided for in this Mortgage shall be addressed to Borrower and given by mailing the notice via certified mail to the Property address (or to such other address as Borrower may designate by written notice to Lender as provided herein),and(ii)any notice to Lender shall be given by mailing the notice via certified mail to the following address (or to such other address as Lender may designate by written notice to Borrower as provided herein): The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, MN 55423 7. Governing Law; Severability. This Mortgage shall be governed by the laws of Minnesota. In the event that any provision or clause of this Mortgage or the Note conflicts with D-4 409981v2 JAE RC125-65 applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. 8. Additional Terms. Check this box ❑ if Minnesota Uniform Conveyancing Blank 20.2.1 or any other addendum (either one or more)containing additional terms and conditions is attached to this Mortgage. If the foregoing box is not checked, then this Mortgage shall not contain any such additional terms and conditions. The number of additional attached pages is [insert number of pages in addendum]. Terms of this Mortgage will run with the Property and bind the parties hereto and their successors in interest. Borrower ckeee [printed name of Borrower] MY 6J 47 e yarn v [printed name of Borrower] D-5 409981v2 JAE RC125-65 5-- 3a 6500 Logan Ave S — Existing House +y;, t ant.` ; i?''" ~ +d+ � t• 4',1 + =' dr• 3 a • : r -t. • ji. _ .. - .. , - - r C _ .:i i��i .. �� r • 09172012 RR Contract 6500 Logan (Muharamova).doc 43•-0^ I13'-3" 16'-6" 13'-3" / 7'-0:r y 6.-3.. / Ir--8'-3 / — — I / II 11 II II 1 EGRESS W INDOW II II I I 7_,,,, f- , ,I '. <✓I� 'dam" . , ••"J� .1s,'",.., 6"x 48" 3)-36"X 48 T 1- 7 ,Iy� avablueprints.com CONC.PAD 24"W.X 10"D. II 12X8X16"CONC.BLOCK X UNDER BEARING WALL TYP. WALL 12 COURSES x F—18"WEB TRUSSES—a 1 I t W X10'2 COURSES SES I ABOVE @24"O.C. J/ a W/REBAR AS PER CODE ,j' FUTURE 18"WEB TRUSSES ABOVE @ 24'O.C. O • . BEDROOM _ o I I ; A _ UNFINISHED FUTURE BAR I '\.', GENERAL NOTES n^ 1.REINFORCE END.WALLS PER CODE A105J b BASEMEN ii --- ' ' 2.PROVIDE POLY UNDER ALL INTERIOR SLABS `"' I I � L-—- j�> 3.CONTRACTOR SHALL VERIFY ALL •' ■ _ J 1265 SF x, DIMENSIONS AND — 7 Z I 8'CEILING STRUCTURAL COMPONENTS PRIOR TO 1 N CONSTRUCTION 1 Ip ��. TO MEET ALL APPLICABLE CODES. 1 6 r 1) 7 k 4.WRITTEN DIMENSIONS TAKE CLOSET- I I Is \ 1 U CONC.PAD24"W.X10"D. 'c PRECEDENCE OVER H ° UNDER BEARING WALL TYP. . SCALED DIMENSIONS. ,, 5.EXTERIOR WALLS ARE DIMENSIONED TO I pj I ? OUTSIDE _-4 KW \:1 OF STUD. t�— i 'N)' 6.ALL EXTERIOR OPENINGS AND OPENINGS IN LO 1 .� BEARING WALLS ARE TO HAVE A(2)2X10 H /V• lJ V� HEADER.(UNLESS NOTED OTHERWISE) r TN \ 7.ALL BEAMS AND HEADERS ARE TO BE -F+ SPECIFIED \\ ✓> Ll ' Q) BY LUMBER SUPPLIER. ✓ �> r —1 L�J m 1 FURNACE WH• Y' a) 88..WINDOWS AND DOORS ARE SPECIFIED r. ` 1 k\ _J , m Ns Cl) WINDOWS. -\ I '�I ,?, .X yx,•; I \ r—18"WEB TRUSSES - ,Sy c.n 9. IN.WINDOW SILL HEIGHT SHALL BE 18" o , ABOVE @ 24"O.C. x i GE 11�H - I up o N ALL PLANS ARE TO BE REVISED BY THE X Y_ GENERAL $ ° mho . r III I N L� <<N� A CONTRACTOR AND THE MUNICIPAL BUILDING N\ , i I / ✓„ X;\.,J ' sv MECH.ROOM ,j OFFICIAL CONSTRUCTION. C� C K, FOR ANY PROBLEM AS A RESULT OF AN ERROR <K —� �. OMISSION ON THESE PLANS. \ 1: SUMP \ PUMP TOTAL FINISHED.FT.-1.2725 \f�/ k, �� I F'? MAIN REV SOFT 149332 \ BASEMENT SO FT.-1265 vV ..,` GARAGE SO.FT.485 �2 No. Deectption Dab UNEXCAVATED '� �'' FUTURE THEATER & x Ir^ .� N '\A1'04r I -_ Y -, -12X8X16"2060.BLOCK ic WALL 12 COURSES X, to 24X13"CONC.FTG. "/` • - 12X8X16"CONC.BLOCK W/REBAR AS PER CODE s, , WALL 6 COURSES , 24X10"CONC.FTG. c C W/REBAR AS PER CODE 6500 Logan Ave, S._i_L - T r SCREEN OR TV.—', �::c< �� > Basement . '`16'GARAGE DOOR ` '1 v 1 F x 7 J Lt J 16'-O" I Project 6500 2-3" / / 20•-6" / I /- 9' 0" 13'-6" Date 8/12/12 1 -0" / / I Drawn by ALEXANDER B. 43' / I 1 8-0" 1, 12"PIER FTG.WITH 24"BELL Checked by 42"BELOW THE GROUND MIN. % g Logan Ave South r�*}i +- r A101 1)Basement Level 1/4"=1'-0" Scale 1/4"=1'-0" a 43'-0^ 13'-3" 5'_0" 6'-6" 5'-0" 13'-3" / \\ s a" / 7 0" /7-6"y J, /z s /z 6^/ 7 a^ / a 6" y O 8,,, GAS F.P. 32•\ I 60"X72" 36"x48" L. �� 36"x48' m I 32"x64° avablueprints.com \ Breakfast -,---ENG.ROOF TRUSSES + < ABOVE @24"S.C. ` OPEN TO ABOVE 11 8'x12' ^ 11m 9'CEILING x F—.1.,. Bedroom 1 ila LAMINATE FL Family Rm. 10 ---ENG.ROOF TRUSSES >m 12'x15 18'x15' 11R ABOVE @24"S.C. 9'CEILING/��\ CARPET FL ' „„TEFL .gip GENERAL NOTES _1.^ ' 1.REINFORCE FRO.WALLS PER CODE \A105) 5'-51/.. 3'-4" II ffi_ 7 S,SVIDE POLY UNDER ALL INTERIOR / / III I 3.CONTRACTOR SHALL VERIFY ALL —NOTE:BEARING III DIMENSIONS AND \ 48 e�—� -- WALL 111°. Kitchen 1I STRUCTURAL ON TTUCTI COMPONENTS PRIOR TO CONSTRUCTION I V (2)-18"LVL _ \ 12 8 15 0 10 TO MEET ALL APPLICABLE CODES. IN FLOOR 9'SOLING BEAM m D.W. LAMINATE FL 4.WRITTEN DIMENSIONS TAKE N\\ 28" 30" I r 0 PRECEDENCE OVER ��- - ____ SCALED DIMENSIONS. O Pe`xdar Rm�——�-———— T s ro _ — 5.EXTERIOR WALLS ARE DIMENSIONED TO {2)-18"LVL IN FLOOR BEAM /,- T (2)-18"LVL IN FLOOR BEAM T OUTSIDE to �a of C.T.FLOOR . I 0" OF ALL A N\ 2 e r 30"VAN.� 11S 3'-8' �J_ 6.ALL EXTERIOR OPENINGS AND OPENINGS IN O w �+ ° ( 0 1�\ / /a F—18"WEB TRUSSES BEARING WALLS ARE TO HAVE A(2)2X10 84 ' Il ABOVE @ 24"O.C. FAN l III `(3)-2X10"DROPPED BEAM O HEADER.(USLESS NOTED OTHERWISE) • r PHONE DESK 7.ALL BEAMS AND HEADERS ARE TO BE �\ I' Lrr .S1 SPECIFIED III u BY LUMBER SUPPLIER. ��f��111 LeuMr III`" _\ m B.WINDOWSAND DOORS ARE SPECIFIED/ _ AS O C.T.FLOOR j WINDOWS. 5/8"TVPEX I ! - ' REF. OVEN 9.MIN.WINDOW SILL HEIGHT SHALL BE IB" GYP BD. 3Y• 32"OPEN OR HIGHER. \� III UP \ --- \\\ ALL PLANS ARE TO BE REVISED BY THE L--_W_ -D_1 GENERAL / "' / CONTRACTOR AND THE MUNICIPAL BUILDING �� - 1 11 2 �' n OFFICIAL PRIOR TO CONSTRUCTION. �/ o I6 NOTE:TRUSS - N\ AVA STUDIO LLC.IS NOT RESPONSIBLE 5'-9• 8'-2" / 4" ,� 1----BEARING WALL' FOR ANY PROBLEM AS A RESULT OF AN / / p 1 " ERROR C4_5 •�- ORW/SELF // I' Illy OMISSION ON THESE PLANS. CLSG.HINGES 5'-0" __ Iy J 1/2 HOUR FIRE RATED tll 'Ilo Dining Rm. 11'-6"1'-6" TOTAL FINISHED SQ.FT.•2725 1 ___ UPPER LEVEL SO.FT.-1232 WOOD STOOP --- .1 / _-_ J 12'x12• MAIN LEVEL SOFT.-1493 �) SB"TYPE-X --Ji 'a VAULTED CEILING BASEMENT SO FT.-1265 �� GYP.BD. r 3__ -II 11'7 FL 1 1 GARAGE SO.FT.485 1/2"AB.@6'0"O.C.TYP. li 1 F I Garage 1 I, - 1 x No. Description Date 19.822' '- �� 1""IIjI 1 -0 '1'-oL_,, 1 R_30 FBGLS. -11II 1'` 1 •a FLOOR RABOIE �\ I I N �N FLOOR ABOVE I 5/8"TYPE-X II I Zv A104 �' GYP.BD.ON CLG. -':.1.' x AND NOTED WALLS �\ 4"CONC.SLAB 11$ SLOPED TOWARDS O.H.GARAGE DRS. Foyer C C a —1/2"A.B.@6'0"O.C. TRAYCEIUNG o Li ving Rm. LAMINATE FL ✓- 18"WEB TRUSSES-� 113 12'x1T ABOVE @ 24"O.C. "- �- 9'CEILING /i II: LAMINATE FL —,6"WEBTRUSSES 6500 Logan Ave, S. / V 1-0\ ABOVE @24"O.C. / 72"FRENCH DOOR --V Main Level (2)-1 3/4 X 14"LVL HEADER b n r I 36•x72• 36"x72" ,��\ I I 16 X 8 O.H.GARAGE DR Porch �5� r \ 1 1 Project number 6500 2'-3" 2'-3• 4"CONC.SLAB 606 POST WITH APPROVED ANCHOR / / /- Date 8/12/12 10'-3" 10'-3" 4'-6" 4'-6" 3' 9""° 6' 0" 3' 9• '" 20(6" / 9 0• / / / ZD Drawn by ALEXANDER B. 13'-6" 1 43.-0" / ,/ .4 Checked by < / _(2)-10"LVL IN SOFFIT BEAM_-- o\ 8 T24'_6^_ A102 ��Main Level :_\ / \- 1/4"=1'-0" Scala 1/4"=1'-0" 13'-3" 16'-6" 13'-3" .Alkili.' ' r\\6 I / H r- - 3i' 36"x72" L- 1, \ avablueprints.com V ROOF TRUSSES ABOVE a 24'O.C. Family Rm. below 9"I1'-0" 9")1'-0" / 3'-6" / 9'-0" y 3'-6" / b GENERAL NOTES i.REINFORCE FND.WALLS PER CODE ' 2.PROVIDE POLY UNDER ALL INTERIOR \A105) ' SLABS 3.CONTRACTOR SHALL VERIFY ALL NO_T`E:TRUSS DIMENSIONS AND BNOTE: WALL STRUCTURAL COMPONENTS PRIOR TO '�36"HIGH LING. CONSTRUCTION TO MEET ALL APPLICABLE CODES. 4.WRITTEN DIMENSIONS TAKE \ PRECEDENCE OVER I SCALED DIMENSIONS. -I -� 1 r+L- 5.EXTERIOR WALLS ARE DIMENSIONED TO \ �� 1 L \\ OUTSIDE N� -m (3)-12"LVL DROPPED BEAM ICI 6, LL EX \\ \w/ r---, 6.ALL EXTERIOR OPENINGS AND OPENINGS F N BEARING WALLS ARE TO HAVE A(2)2X10 x p o W l.c HEADER.(UNLESS NOTED OTHERWISE) y SD tr m 7.ALL BEAMS AND HEADERS ARE TO BE rc / \ O wU SPECIFIED I.1I s O BY LUMBER SUPPLIER. ` A robe 8.WINDOWS AND DOORS ARE SPECIFIED l AS Master ATTIC / s'-o. Bedroom 2 �� . WINDOWS. tx p> 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" Bath. ACCESS 12 x12. O?c, m OR HIGHER. C.T.FLOOR > ?-2"X44" 49"\f_ 8'CEILING c V ALL PLANS ARE TO BE REVISED BY THE \ � GENERAL `—URINAL nU T-0" $ CONTRACTOR AND THE MUNICIPAL BUILDING ((��J�� / OFFICIAL PRIOR TOCONSTRUCTION. y�'(V. AVA STUDIO LLC.IS NOT RESPONSIBLE LL \ wi \\ � FOR ANY PROBLEM AS A RESULT OF AN \ N ci ERROR 1 1 ___/� O 6 " OMISSION ON THESE PLANS. \\ 28" + O r 0 I �n TOTAL FINISHED SQ.FT.-2725 SD UPPER LEVEL SO.FT.-1232 tee 1 -i 28" �\\ MAIN LEVELSQ.FT.-1493 O BASEMENT SQ FT.-1265 Bathroom (� p GARAGE SQ.FT.485 �-- \ C.T.FLOOR m v w i� yIii - - 36"VAN. r w .\' No. 1 Description Date 2g- io 1 ix I 1 ,i N ° 1 r FA O o Master Suite o> DN \ SD L6 I A� 7ExC7' VAULTED CEILING O O 36'HIGH RAILING m c to CARPET FL �¢ 7'-01 I `." ,7. z.•;._ 1 V E-1 Foyer wo ,/ below Bedroom 3 SR L- I 12'x12 a �� \ 6x6 � Q �FL sm 6500 Logan Ave, S. �\ S30"x42"4 y a. 6 Upper Level b. _ V _ 1 6o^x6o" 6o"x6o^ T r 6o"x6o" \\ F -S. -A. i T. 1 1 \\\ Project number 6500 L I J L I J Date 8/12/12 ` 6-9^ Drawn by ALEXANDER B. / / % 9-0" % 2 13"-6' Q / Checked by /� )Upper Level a. ,,1:-0 Al 03 (�; 1/4._1'_0. 8y 1•A• v' Scale 1/4"=-1.^.0" g avablueprints.com GENERAL NOTES VENT ROOF 1/300 TH.VALLEYS& 1.REINFORCE FND.WALLS PER CODE ALL ROOFIWALL INTERSECTIONS 2.PROVIDE POLY UNDER ALL INTERIOR ASPHALT SHINGLES SLABS 15#ASPHALT FELT 3.CONTRACTOR SHALL VERIFY ALL (FIRST DIMENSIONS AND ICE&WATER SHIELD ( STRUCTURAL COMPONENTS PRIOR TO 6,0*AND AS PER CODE) CONSTRUCTION MEET ALL 1/2"PLYING.SHTG.W/CLIPS TO MEET ALL APPLICABLE CODES. ENG TRUSSES @ 24"O.C. 4.WRITTEN DIMENSIONS TAKE AIR CHUTE(PROVIDE PRECEDENCE OVER UNOBSTRUCTED AIR FLOW) SCALED DIMENSIONS. N.„O S.EXTERIOR WALLS ARE DIMENSIONED TO OF STUD. w i 6.ALL EXTERIOR OPENINGS AND OPENINGS 61 ♦ ♦♦ 66 BEARING(UNLESS NOTED HAVE OTHERWISE) IN 7 Ns 2X6 SUB FASCIA BEARING WALLS ME TO HAVE A(2)2X10 y � ' ♦ ♦ ♦ ♦•,, _♦♦♦ _ 6"ALUMINUM FASCIA T.O.Upper Level 7,ALL BEAMS AND HEADERS ARE TO BE A. `� .��^^ -' ALUMINUM VENTED 2$'-p" `�1 SPECIFIED Li `��R-04 BLOW IN INSUL. _ _ SOFFIT BY LUMBER SUPPLIER. (rRLL � `�\ ‘� B.WINDOWS AND DOORS ME SPECIFIED 4 MIL.POLY.V.B. 5/8"GYP.BD. G WINDOWS. i36"HIGH RAILING' / } 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" k Master Suite Bedroom 3- '-e OR HIGHER. ALL ERAL ARE TO BE REVISED BY THE GENERAL `3/4"058 SUBFL. I CONTRACTOR AND THE MUNICIPAL BUILDING I I 0 OFFICIAL PRIOR TO CONSTRUCTION. " FOR ANY PROBLEM AS A RESULT OF 20'-0° ERROR ■■ T.O.Meln_LBVB__I OMISSION ON THESE PLANS. !V 1/2"GYPSUM BD.TYP. 18"-6"�, TOTAL FINISHED SQ.FT.-2725 - . �` 4-MIL.POLY V.B. MAIN LEVEL SOFT.-1493 2 (R-19)FBGLS.GATT INSUL. BASEMENT SC)FT.-1265 1 (2)-2X10 HDR.TYP. / 2X6 STUDS @16"O.C. GARAGE 50.FT.485 7/16"OSB SHTG. \..... ..) T WAKE HOUSE WRAP No. I DesmiptIon Date ' SIDING PER ELEVATION Garage ! Foyer LiwRm. I In 3/4"OSB SUBFL. I B PLYWOOD RIM _ — — _ _ .,�� = — — Main Level.n immminsimuni::. J MIN,R IM 9'"6^ V 4"CONC.SLAB ON GRAVEL BED CLOSED SELL FOAM INSUL.RIM G.a�__ — - 'x DURASEAL OR SAME OLTY. — �LV1 �1�o0�I®0s TREATED 2X6 SILL PLATE�/ 8'-O" &SILL SEAL TYP. 6"MIN.WOOD/EARTH -MI—•UNEXCAVATED , I .1 - UNFINISHED BASEMENT • TREATED SEPARATION TREATED 1--_I NOM 2X4 @ i 6"O.C. &SILL SEAL TYP.��,1��=MvMIIMON. 1516"OTH FUTURE 112"A.B.550"O.C. IZC 12 X 8 X 16"CONC.BLOCK WALL 6500 Logan Ave, S. m�� 64-MIL POLY V.B. THEATER 12 COURSES —I.------IMmomm : TYP. POLY-WALL WATERPROOFING .. . .==0=.11.6 , . 4"CONC.SLAB ON GRAVEL BED R-10 2"CLOSED CELL FOAM _1��111�M��1�66=6.� g ■∎ Basement_Levv Section 1 of 2 — — —24"x10"CONC.FTG.W/ — 0'-0" - -I 4)I-- -I REBAR AS PER CODE DRAIN TILE TO SUMP PUMP Project number 6500 Date 8/12/12 DrawnbY ALEXANDER B. Section 1 (,� 1/4"=1•-0" Checked by a A104 R Scale 1/4"=1-0" S ihiwiAk avablueprints.com 4 ± ENGBALOONWALLiI1 \• ± . 2O O T.O.Main Level (\ SCALED DIMENSIONS. . S 18''6" 'Jr 5.EXTERIOR WALLS ARE DIMENSIONED TO tr: LLm 1 ' ! Famil Rm. _ Breakfast 5 \�.._. BEARING WALLS ARE TO HAVE A(2)2X00 ° , 0 HEADER(UNLESS NOTED OTHERWISE) H ill 7.ALL BEAMS AND HEADERS ARE TO BE 8 '• SPECIFIED A BY ALL BEAMS 8.WINDOWS AND ND DOORS ARE SPECIFIED GAS F.P. I a AS ti. _+. WINDOWS. -�- a 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" El __ _ ti — Main Leve( OR HIGHER. 9� ALL PLANS ARE TO BE REVISED BY THE _ — — _ �,�A �� ∎∎0�� MI0∎∎■��I — Garage/1i 8-0 GENERAL _.._ • ■_._ 8'-O�. CONTRACTOR PRIR TO CONSTRUCTION.MUNICIPAL CIT DING AVA OFFICIAL IOILL TO RESPO SIS (- Section 2 FOR STUDIO NOT A RESULT OFA �- 1/4"=1'-0" ERROR PROBLEM ASARESULT OF AN OMISSION ON THESE PLANS. TOTAL FINISHED SQ.FT.-2725 UPPER LEVEL SQ.FT.-1232 .��...JJJ 11) MAIN LEVEL SO.FT.-1493 BASEMENT SO FT..1255 _ _ _ — T.O.Main Level GARAGE SQ.FT.485 ` `� I 18'_6" c\.)`-)/ No. Description l Date / , J 36"HIGH RAILING TYP.—/,k / I j/ `° j '3 7 6500 Logan Ave, S. I/ ,,..,;,4..MAX •i 7r- Section 2 of 2 , N. X 1"MIX Main Levl Project number 6500 — — — — 9'-6" ,1 Date 8/12/12 (---)Section STAIRWAY Drawn by ALEXANDER B. 1/2"=1'-0" Checkedby Fr A105 ri Scale As indicated A 1 y 13'-0" 19'-0" 13'-0" / / / • 4� avablueprints.com z. to b I I GENERAL NOTES 1 A105/ 1.REINFORCE FND.WALLS PER CODE 9"/1-0" 2.PROVIDE POLY UNDER ALL INTERIOR SLABS 3.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND STRUCTURAL COMPONENTS PRIOR TO CONSTRUCTION TO MEET ALL APPLICABLE CODES. 4.WRITTEN DIMENSIONS TAKE PRECEDENCE OVER \ / \ / SCALED DIMENSIONS. \ / 5.EXTERIOR WALLS ARE DIMENSIONED TO OUTSIDE OF STUD. \ / 6.ALL EXTERIOR OPENINGS AND OPENINGS \ / IN / BEARING WALLS ARE TO HAVE A(2)2X10 \ / HEADER.(UNLESS NOTED OTHERWISE) / 7.ALL BEAMS AND HEADERS ARE TO BE SPECIFIED \ BY LUMBER SUPPLIER. \ / / 8.WINDOWS AND DOORS ARE SPECIFIED AS ` / MN WINDOWS. I.W WINDOW SILL HEIGHT SHALL BE 18" 4 ` / 4 O OR HIGHER. To \ ~/ to ALL PLANS ARE TO BE REVISED BY THE GENERAL \ / CONTRACTOR AND THE MUNICIPAL BUILDING / OFFICIAL PRIOR TO CONSTRUCTION. AVA STUDIO LLC.IS NOT RESPONSIBLE / FOR ANY PROBLEM AS A RESULT OF AN ERROR `/ OMISSION ON THESE PLANS. 8"/1'-0" TOTAL FINISHED SQ.FT.-2725 V' UPPER LEVEL SQ.FT.-1232 b MAIN LEVEL SQ.FT.-1493 3 BASEMENT SO FT.-1265 9"/1,0" 1 A105 `N°, GARAGE SQ.FT.485 ` �\ m . vy^t No. Description Date C✓ ,4 9••/1•-0" r. zc 9"/T-0" 4 6500 Logan Ave, S. to V to Roof Plan y T 4 i \\ 1 Project number 6500 ` Date 8/12/12 22'-N" 7'-0•• \ 15-B• f --/ / - f- Drawn by ALEXANDER B. ■ B"/1-P \\ ° Checked by F. 1\106 ROOF OVER GARAGE�/ 8"/1-0" \ 0 (1)Roof Plan 1/4"=1'-0" Scale 1/4"=1•-0" 1 avablueprints.com GENERAL NOTES 1.REINFORCE FND.WALLS PER CODE 2.PROVIDE POLY UNDER ALL INTERIOR SLABS k. 3,CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND iP er STRUCTURAL COMPONENTS PRIOR TO CONSTRUCTION TO MEET ALL APPLICABLE CODES. °i to I___ 4.WRITTEN DIMENSIONS TAKE ' 4 PRECEDENCE OVER• SCALED DIMENSIONS. 5.EXTERIOR WALLS ARE DIMENSIONED TO °' ,o OUTSIDE OF STUD. 6.ALL EXTERIOR OPENINGS AND OPENINGS IN _ J— BEAR/NG WALLS ARE TO HAVE (2)2X70 ' HEADER.(UNLESS NOTED OTHERWISE) :.• ■:: 7.. � 7.ALL BEAMS AND HEADERS ARE TO BE SPECIFIED MV NEM BY LUMBER SUPPLIER. HARDIE SIDING--�` r —� WINDOWS AND DOORS ARE SPECIFIED AS WINDOWS. -1 L —PANEL SIDING-. S.MIN.WINDOW SILL HEIGHT SHALL BE 18" 4"/12"ROOF — — 4 OR HIGHER. HANDFRAME p" _ \\ �/1 GENERAL\B+� ALL PLANS ARE TO BE REVISED BY THE - - - \�o- — k.L _ Upper Level CONTRACTOR AND THE MUNICIPAL BUILDING K— �"\� + r 20'-O"\1 OFFICIAL PRIOR TO CONSTRUCTION. /6.— AVA STUDIO LLC.IS NOT RESPONSIBLE '■ tJ �� ERROR PROBLEM AS A RESULT OF AN --- ------------------. I OMISSION ON THESE PLANS. 5}- RE611 _17 STONE IMI MI z IN_ - _. • �- L No. Description Date �` N.r= • '' a t , i 1 �G 1 TOTAL FINISHED SQ.FT.-272.5— L. i — — . — — o I— ■ — — ■ 7 i _ _ Main LeVe� /`� UPPER LEVEL SQ.FT.-1232' �� \ 9� 6 MAIN LEVEL SQFT.-1493 BASEMENT SO FT.-1265 I , I I I I I I I I GARAGE SQ.FT.485 T III \ I Z 1'-8"I 7 Jg GROUND LINE\ , \\ ,\ ,. Ill\ v , \ i . J \ 12"PIER FTG.WITH 24"BELL \ I I Basement Level L_ /_ — 0' 0" 9 6500 Logan Ave, S. 1 J / Front Elevation Project number 6500 Date 8/12/12 Drawn by ALEXANDER B. Checked by a ,._1) 1/4"Front 1'-0" nii Al 07 Scale 1/4"=1'-0" avablueprints.com 4 ,, _4 ,� GENERAL NOTES m 1.REINFORCE FND.WALLS PER CODE 2.PROVIDE POLY UNDER ALL INTERIOR SLABS 3.CONTRACTOR SHALL VERIFY ALL - - - _ - - _ - T.O.Upper Level DIMENSIONS AND ._ - - - - — - _ _ PA Au STRUCTURAL COMPONENTS PRIOR TO - I 28'-0" V CONSTRUCTION TO MEET ALL APPLICABLE CODES. ,�,0" 4.WRITTEN DIMENSIONS TAKE 4.` HI•:'6 1 5.PRECEDENCE III WALLS ARE DIMENSIONED TO .a„ \/ SCALED DIMENSIONS.OUTSIDE '---1'-0" OF STUD. II 6.ALL EXTERIOR OPENINGS AND OPENINGS IN 0'-6" ' BEARING WALLS ARE TO HAVE A(2)2X10 „ iu• ,,, HEADER.(UNLESS NOTED OTHERWISE) 7.ALL BEAMS AND HEADERS ARE TO SE j _ _ ` - - Upper Level 9 SPECIFIED NV -. , 20'-0" BY LUMBER SUPPLIER. �f _ _ -0 T.O.Main Level S.WINDOWS AND DOORS ARE SPECIFIED ir 18'-6" AS = L WINDOWS. 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" 11111 M 1=1•1111=111111 Fai OR HIGHER. J , 2 ALL PLANS ARE TO BE REVISED BY THE _ _•_ I'-0" GENERAL 1 0 -� \� - OFFICIAL PRIOR TO CONSTRUCTION. 'I �i'—HARDIE SIDING_�� o AVA STUDIO LLC.IS NOT RESPONSIBLE — O FOR ANY PROBLEM AS A RESULT OF AN 3 ERROR ? OMISSION ON THESE PLANS. C _ F -- TOTAL FINISHED SQ.FT.-2725 - - Main Level MAIN LEVEL SQ.FT 149332 - s'-6" S 4 Garage BASEMENT SO FT.-1265 I I I I I I I I I 1 I I I 1 I 1 1 I I - - GARAGE SO.FT.4B5 (`` �� I 'EGRESS No. DeacriPtfon Date• -WINDOW' ■, . - .I o IN — \ 1— _ — _ — — — _ — _ — _ _ 7/ _ Basement Level V 0,-a- /, 6500 Logan Ave, S. Rear Elevation I j�Rear Project number 6500 — 1/4"=1-0" Date 8/12/12 Drawn by ALEXANDER B. Checked by a A108 Scale 1/4"=T-0" a avablueprints.com GENERAL NOTES i.REINFORCE LY WALLAPERCODE S.PROVIDE OVIDE POLV UNDER ALL INTERIOR SLABS . CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND STRUCTURAL COMPONENTS PRIOR TO CONSTRUCTION TO MEETALL APPLICABLE CODES. m 4.. ETEN DIMENSIONS TAKE PRECEDENCE OVER _ SCALED DIMENSIONS. 5.EXTERIOR WALLS ARE DIMENSIONED TO OUTSIDE __..__ _______ _ __ OF STUD. 16.ALL EXTERIOR OPENINGS AND OPENINGS 1'-0" IN BEARING WALLS ARE TO HAVE A(2)2X10 HEADER.(UNLESS NOTED OTHERWISE) T-0 7.ALL BEAMS AND HEADERS ARE TO BE I — SPECIFIED BY LUMBER SUPPLIER. f/ 8.WINDOWS AND DOORS ARE SPECIFIED -- J _ - AS WINDOWS. _A" Upper Level �\ 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" ' I F'-� 0E, OR HIGHER. _ _ _ C 20'_0"1 ALL PLANS ARE TO BE REVISED BY THE _-----HARDIE SIDING — GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION. AVA STUDIO LLC.IS NOT RESPONSIBLE I FI FOR ANY PROBLEM AS A RESULT OF AN ERROR R OMISSION ON THESE PLANS. 1�` c I I_ I I_ TOTAL FINISHED SO.FT.-2725 e UPPER LEVEL SO.FT.-1232 ' ,- /�—STONE BASEMENTLSO FT.-1265 `' GARAGE SO.FT.485 1 r I I I r r r I I N _ — — — [ 1 1 — 1 — -- �_ _Main Level No. Description Date I ,J i i \ 0"g'_ V v I I I I 1_ _ --'E, BasementO O Leve J / 6500 Logan Ave, S. Right Elevation (1)Right 1/4"=1'-0" Project number 6500 Data 8/12/12 Drawn by ALEXANDER B. Checked by F. A109 Scale 1/4"=1'-0" S iiia‘,FA Ai.) avablueprints.com A105) GENERAL NOTES 1.REINFORCE FND.WALLS PER CODE 2.PROVIDE POLY UNDER ALL INTERIOR SLABS 3.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND STRUCTURAL COMPONENTS PRIOR TO CONSTRUCTION TO MEET ALL APPLICABLE CODES. V 4.WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS. 5.EXTERIOR WALLS ARE DIMENSIONED TO 3,I - _ OUTSIDE 1 OF STUD. 6.ALL EXTERIOR OPENINGS AND OPENINGS IN BEARING WALLS ARE TO HAVE A(2)2X10 _ I HEADER(UNLESS NOTED OTHERWISE) l I 7.ALL BEAMS AND HEADERS ARE TO BE '7 SPECIFIED 7 / OVER GARAGE BY LUMBER SUPPLIER. l 8.WINDOWS AND DOORS ARE SPECIFIED AS WINDOWS. 9.MIN.WINDOW SILL HEIGHT SHALL BE 18" _VET �� OR HIGHER. ��-HAROIE SIDING — UEpe20e_Q�� ALL PLANS ARE TO BE REVISED BY THE ` _ GENERAL C CONTRACTOR AND THE MUNICIPAL BUILDING r L-.1 OFFICIAL PRIOR TO CONSTRUCTION. AVA STUDIO LLC.IS NOT RESPONSIBLE 1 — / 12"STONE 2, 0- FOR ANY PROBLEM AS A RESULT OF AN — I RETURN—� �/ ERROR OMISSION ON THESE PLANS. \\ TOTAL FINISHED SQ.FT.-2725 UPPER LEVEL SQ.FT.-1232 MAIN'J W BASEMENT SO FT .-1265 GARAGE SO.FT.485 _��P°``` nli 1 No. Description Dab 9 I I _ _ Main Lev. el n 9' 6" 7 I °L —J- o \I I — to 5 in / \), / �\ � / � Basement Level /o'-o" 6500 Logan Ave, S. INIMi Left Elevation Project number 6500 Date 8/12/12 (�Left Checked by Drawn by ALEXANDER B. A110 ai Scale 1/4"=1'-0" 60 0" -Ai& \\ �I N PROPERTY LINE 1, b \-EXISTING TREE � avablueprints.com I's) I I II I r GENERAL NOTES 25'SETBACK LINE I —SHRUBS 1.REINFORCE FND.WALLS PER CODE 2.PROVIDE POLY UNDER ALL INTERIOR i /-EXISTING TREE SLABS -' / ROCK 3.CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND m \e STRUCTURAL COMPONENTS PRIOR TO )\� �(� �` CONSTRUCTION ( ) `�t-())''''I -v v\v\. TO MEET ALL APPLICABLE CODES. n A 4.WRITTEN CEDEN DIMENSIONS TAKE - < ( %® 'I 11,P PRECEDENCE OVER SCALED DIMENSIONS. \ r• vy\ �� '' CONC.PATIO I ��S �� 5.EXTERIOR WALLS ARE DIMENSIONED TO S' /? \\/✓ < I \\`12'.0" OUTSIDE OF STUD. / i 6.ALL EXTERIOR OPENINGS AND OPENINGS BEARING WALLS ARE TO HAVE A(2)2X10 HEADER.(UNLESS NOTED OTHERWISE) 7.ALL BEAMS AND HEADERS ARE TO BE SPECIFIED 1 BV BLIER. 8.W LUM INDOWS ER SUPP AND DOORS ARE SPECIFIED AS WINDOWS. 9.MIN.WINDOW INDOW SILL HEIGHT SHALL BE 18' w OR HIGHER. Li V ALL PLANS ARE TO BE REVISED BY THE Ii. GENERAL Y0 CONTRACTOR AND THE MUNICIPAL BUILDING O i OFFICIAL PRIOR TO CONSTRUCTION. I FOR AVA STUDIO LLC.IS NOT RESPONSIBLE m > ERRORry PROBLEM ASARESULT OF AN OMISSION ON THESE PLANS. 11 I— TOTAL FINISHED SO.FT.-2725 UPPER LEVEL SO.FT.-1232 S"+k MAIN LEVEL SO.FT.-1493 PROPOSED HOUSE I BASEMENT SQ FT.-1265 GARAGE SO.FT.485 C.,..in ' / PROPOSED GARAGE No. Description Date \` Y,- 1 - y 3 ——30'SETBACK LINE \ J (-)) PORCH PROPOSED "C3 11 (� DRIVEWAY • I• ( )( )(Jl EXISTING WOOD FENCE -S ) SHRUBS I 6500 Logan Ave, S. N Landscape Plan ' ROCK � L I. Project number 6500 EXISTING —_—_ h>.• ———PROPERTY LINE__ ___12--O-D"_ Date 8/12/12 60'-0" 7. A Drawn by Alexander B. I Checked by N • LOGAN AVE S / Al 1 1 R Landscape Plan Scale 1"=10'-0"