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102113completeagenda CITY OF RICHFIELD, MINNESOTA MONDAY, OCTOBER 21, 2013 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 the minutes of the (1) Special HRA Worksession of September 16, 2013 and (2) Regular HRA Meeting of September 16, 2013 2. HRA approval of the agenda 3. Consideration of the transfer of assets to reimburse the City Airport Noise Acquisition Fund and the HRA Development Fund for the purchase of two properties as part of the Richfield Parkway Phase II Project Staff Report No. 47 Notes: , 4. Public hearing and consideration of a resolution authorizing the sale of 7035 Fifth Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a single family home under the Richfield Rediscovered Program Staff Report No. 48 Notes: 5. Public hearing and consideration of a resolution authorizing the sale of 6812-14t" Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a single family home under the Richfield Rediscovered Program Staff Report No. 49 Notes: � _ 6. Public hearing and consideration of a resolution authorizing the sale of 7427 Pillsbury Avenue to Brandl/Anderson Homes Inc. and a Contract for Private Development with Brandl/Anderson Homes Inc. for the construction of a single family home under the Richfield Rediscovered Program Staff Report No. 50 Notes: 7. HRA discussion items 'i Notes: �I � 8. Executive Director Report � Notes: 9. 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 � • � � Richfield, Minnesota '' r Special Housing and Redevelopment Authority Worksession September 16, 2013 CALL TO ORDER The meeting was called to order by Chair Sandahl at 7:02 p.m. ROLL CALL HRA Members Sue Sandahl, Chair; Steve Quam; Doris Rubenstein; David Gepner Present: and Debbie Goettel Staff Present: Steven L. Devich, Executive Director; John Stark, Community Development Director; Karen Barton, Assistant Community Development Director; and Cheryl Krumholz, Executive Coordinator. Item # I DISCUSSION REGARDING DEVELOPMENT PROPOSALS FOR CEDAR POINT II DEVELOPMENT AREA Community Development Director Stark reviewed the background related to the Request for Qualification (RFQ) process seeking developers for the redevelopment of the Cedar Point II development area. He provided an update on the response to the RFQ. Mr. Stark stated that staff is seeking policy-level direction to establish a process for seeking and accepting development proposals in this area. Tim Nichols, Projectus International, made a presentation on their proposal for market rate multi-income rental housing on the site. He stated the proposal is for `practical affordable' housing. He added parking is somewhat of a challenge but the proposal meets code requirements. Mr. Nichols stated tax increment financing will be used efficiently along with a construction and permanent mortgage. He said that they cannot participate in a stymied project because momentum is the key to success. Mr. Nichols requested an exclusivity agreement be granted so Projectus international could work on developing the site. Kent Simon, Miller Hanson Partners, presented the project vignettes, schematic site plan, and conceptual modern views. Special HRA Worksession Minutes -2- September 16, 2013 HRA Commissioner Quam expressed his concerns about making a long term commitment. He suggested milestones be established rather than a commitment. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:50 p.m. Date Approved: October 21, 2013 Suzanne M. Sandahl Chair Cheryl Krumholz Steven L. Devich Executive Coordinator Executive Director HOUSING AND REDEVELOPMENT AUTHORITY MEETING MINUTES � � ' � � Richfield, Minnesota Regular Meeting September 16, 2013 CALL TO ORDER The meeting was called to order by Chair Sandahl at 7:51 p.m. ROLL CALL HRA Members Sue Sandahl, Chair; Doris Rubenstein; David Gepner; Steven J. Quam; Present: and Debbie Goettel Staff Present: Steven L. Devich, Executive Director; John Stark, Community Development Director; Karen Barton, Assistant Community Development Director; and Cheryl Krumholz, Executive Coordinator. Item #1 APPROVAL OF MINUTES OF THE (1) SPECIAL CONCURRENT HRA AND CITY COUNCIL WORKSESSION OF AUGUST 19, 2013; AND (2) REGULAR HRA MEETING OF AUGUST 19, 2013. M/Gepner, S/Rubenstein to approve the minutes. Motion carried 5-0. Item #2 HRA APPROVAL OF AGENDA M/Gepner, S/Quam to approve the aaenda. Motion carried 5-0. Item #3 CONSIDERATION OF A PROPOSAL MADE BY THE OWNERS OF 6844-10T" AVENUE FOR A SETTLEMENT OF A $30,000 DEFERRED LOAN IN THE AMOUNT OF $26,094.28 S.R. NO. 45 Assistant Community Development Director Barton presented HRA Staff Report no. 45. M/Sandahl, S/Quam to approve the proposal made bv the owners of 6844-10`"Avenue for a settlement of a $30 000 deferred loan in the amount of$26,094.28. HRA Meeting -2- September 16,2013 Motion carried 5-0. Item #4 CONSIDERATION OF A RESOLUTION ALLOWING THE ACCEPTANCE OF MONETARY SUPPORT SOLICITED FOR THE 2013 LANDSCAPING GOOD NEIGHBOR AWARD S.R. NO. 46 Assistant Community Development Director Barton presented HRA Staff Report No. 43. M/Gepner, S/Goettel that the followinq resolution be adopted and that it be made part of these minutes: HRA RESOLUTION NO. 1164 RESOLUTION AUTHORIZING RICHFIELD COMMUNITY DEVELOPMENT DEPARTMENT TO ACCEPT DONATIONS FROM THE LISTED BUSINESSES FOR DESIGNATED USES Motion carried 5-0. This resolution appears as HRA Resolution No. 1164. Item #5 CONSIDERATION OF GIVING STAFF FORMAL DIRECTION ON SEEKING PROPOSALS FOR THE CEDAR POINT II DEVELOPMENT AREA S.R. NO. 47 Executive Director Devich stated that during this evening's earlier HRA Worksession there was discussion regarding development proposals for the Cedar Point I I development area. At the worksession, a developer made a presentation on their development proposal. Mr. Devich stated that staff is seeking further policy-level direction to establish a process for seeking and accepting development proposals in this area. HRA Chair Sandahl stated previous worksession discussions have included how to handle development proposals resulting in a good project that is financially responsible. She stated she liked the proposal presented at the worksession because it included a mixed range of housing affordability. HRA Commissioner Rubenstein stated she was impressed with the proposed project because of the urban village concept. HRA Commissioner Goettel stated she liked the design because sound abatement was addressed and the affordability aspect. She said she did not want a lost opportunity due to a , potential increase in interest rates. , Community Development Director Stark stated that not all of the Request for I Proposals/Request for Qualifications information has been received from Projectus lnternational. HRA Commissioner Quam suggested negotiating an exclusive agreement with Projectus International that included milestones or benchmarks as part of the terms of the agreement. Community Development Director Stark stated the HRA could consider an exclusive rights agreement of short duration with benchmarks and returning to the HRA to determine if they've been met. HRA Commissioner Gepner stated it is nice to have choices and suggested a delay of a month or two. He questioned site assembly and homeowner resistance to acquisition. HRA Meeting -3- September 16,2013 Tim Nichols, Projectus International, explained they have the resources to acquire and assemble the site. He also discussed their proposed project, including financing. HRA Commissioner Rubenstein agreed with establishing benchmarks. HRA Commissioner Goettel suggested the due diligence be completed and then staff return to the HRA with a recommendation on proceeding. HRA Commissioner Quam stated that he understands the HRA has a disinclination for senior housing on this site. He suggested staff contact United Properties to see what they would be proposing, and if it is senior housing, not consider their proposal. Community Development Director Stark stated that United Propoerties' proposal contained a certain predominance of senior housing. Mr. Stark stated that the HRA Attorney suggested due diligence be part of the exclusive agreement. M/Rubenstein to qrant Prolectus International an exclusive riqhts aqreement to explore the possible construction of a housinq development at Cedar Point II subiect to timelines developed bv staff and the completion of due diliqence. Community Development Director Stark suggested the HRA consider a motion directing staff and HRA legal counsel to draft an exclusive rights agreement with Projectus International and return to a subsequent meeting for HRA consideration of the agreement. This would be a de facto exclusive agreement that would include not entertaining discussions with other developers and the completion of due diligence. HRA Commissioner Rubenstein withdrew the original motion. M/Rubenstein, S/Quam to direct staff and HRA leqal counsel�to draft an exclusive riqhts agreement with the development team of Proiectus International and in the interim, continue the due diliqence and not entertain other proposals. Motion carried 5-0. Item #6 HRA DISCUSSION ITEMS HRA Commissioner Goettel requested staff review the City of Bloomington policy on height requirement for development projects by residential properties. Item #7 EXECUTIVE DIRECTOR REPORT None. Item #8 CLAIMS AND PAYROLL M/Goettel, S/Quam that the followinq claims and pavrolls be approved: U.S. BANK 09/16/13 Section 8 Checks: 123919 - 124027 $ 162,558.36 I i � HRA Meeting -4- September 16,2013 HRA Checks: 31833 - 31856 $ 28,952.39 TOTAL $ 191,510.75 Motion carried 5-0. . ADJOURNMENT The meeting was adjourned by unanimous consent at 8:29 p.m. _ Date Approved: October 21, 2013 Suzanne M. Sandahl Chair Cheryl Krumholz Steven L. Devich Executive Coordinator Executive Director w �, AGENDA ITEM#: 3 REPORT#: 4� STAFF REPORT ��r► ' �'`� HOUSING AND REDEVELOPMENT c. � AUTHORITY MEETING __ ___ OcTOSER 21, 2013 REPORT PREPARED BY: CHRIS REGIS,FINANCE MANAGER NAME,TlTLE REPORT PRESENTER: CHRIS REGIS,FINANCE MANAGER NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � , --'� �� SIG URE REVIEWED BY EXECUTIVE DIRECTOR: � ITEM FOR HRA CONSIDERATION: Consideration of a transfer of assets to reimburse the City Airport Noise Acquisition Fund and the HRA Development Fund for the purchase of two properties as part of the Richfield Parkway Phase II Project. I. RECOMMENDED ACTION: By Motion: Approve the transfer of assets to reimburse the City Airport Noise Acquisition Fund and the HRA Development Fund for the purchase of two properties as part of the Richfield Parkway Phase II Project. II. EXECUTIVE SUMMARY As part of the Richfield Parkway Phase II project, which involves certain capital improvements to Richfield Parkway between 63rd and 65th Street, it was necessary to acquire 14 properties located on 17t" Avenue. Two of the properties were purchased using Federal Aviation Administration (FAA) airport grant funds and funds provided by the HRA's Development Fund. The two properties purchased were 6400 17th Avenue and 6420 17t"Avenue. The remaining twelve properties were purchased using proceeds from the issuance of the General Obligation Improvement Bonds, Series 2013A. 102113 Richfield Parkway HRA Prop At the time of the issuance of the 2013A bonds, it was understood that the two properties purchased using FAA airport grant funds and HRA funds, were to be reimbursed with proceeds of the bonds. III. BASIS OF RECOMMENDATION A. BACKGROUND ' • None. B. PoLICY • The City's and HRA's financial policies do not directly address the closing out of City or HRA Funds. • The City's auditors have recommended that non-budgeted transfers between funds be approved by the City Council or HRA board. C. CRITICAL TIMING ISSUES • None. D. FINANCIAL • The following table reflects the fund to close and the corresponding transfer. Fund Transfer Amount Fundin Reci ient Amount Richfield Parkwa Phase II $ 114,842 Airport Noise Ac . Fund $ 23,176 Development Fund 91,666 E. LEGAL • N/A IV. ALTERNATNE RECOMMENDATION(S� • None. V. ATTACHMENTS • None. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • N/A AGENDA ITEM#: 4 REPORT#: 48 STAFF REPORT . HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 21, 2013 REPORT PREPARED BY: KATE AITCHISON,HOUSING SPECIALIST NAME,TITLG REPORT PRESENTER: ��N BARTON,ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR AME,TI E ACTING DEPARTMENT DIRECTOR REVIEW: SIGNA �I �.+^' REVIEWED BY EXECUTIVE DIRECTOR: ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7035 5th Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a sin le famil home under the Richfield Rediscovered Pro ram. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve a resolution authorizing the sale of 7035 5th Avenue to Endres Custom Homes, and; 2. Authorize execution of a Contract for Private Development with Endres Custom Homes for the development of a single family home under the Richfield Rediscovered Pro ram. II. EXECUTIVE SUMMARY Endres Custom Homes has submitted an application to build a new single-family home at 7035 5th Avenue as part of the Richfield Rediscovered Program. They are proposing to construct a two-story home with three bedrooms and three baths. The home will also have an attached two-car garage. The home will be approximately 1,910 square feet, with an end-value of$300,000. 10212013 RR Contract 7035 5th (Endres Custom Homes).docx , III. BASIS OF RECOMMENDATION A. BACKGROUND • The Housing and Redevelopment Authority (HRA) purchased 7035 5tn Avenue in August 2011. The substandard house was demolished later that year. B. 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 Exhibit B of the Contract for Private Redevelopment. G CluTicaL T�nvG IssuEs • Per the Contract for Private Development, closing on the lot will take place no later than January 1, 2014 and the house construction will be completed by April 1, 2014. • A provision has been added to all Richfield Rediscovered contracts authorizing staff the ability to grant an extension to these deadlines for a period up to six months. D. FINANCIAL • The HRA acquired the property in August 2011 for $79,500. • The appraised value of the property as a vacant lot is $45,500. �, • Under the terms of the Contract, the $45,500 will be due at closing. �, • The Builder proposes to build the house to achieve MnGreen Path ' certification. If the certification is obtained, the Builder will qualify for a $5,000 credit. • Under the terms of the Contract, the minimum market value of the house will be $300;000 • Under the terms of the Contract, the Builder must submit a $10,000 cash escrow to be held until construction is completed as provided in the Contract. E. LEGAL • The HRA Attorney has prepared the Contract for Private Development. • Notice of the public hearing was published in the Sun-Current on October 10, 2013. Mailed notice was sent as a courtesy to property owners within 350 feet. IV. ALTERNATNE RECOMMENDATION(S� • Amend the Contract for Private Development and direct staff to work with the Builder to revise the proposal. • Do not execute the Contract for Private Development. V. ATTACHMENTS • Resolution • Site Plan • Elevations and Floor Plans • Contract for Private Development • Photo of Property VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Dustin Endres, Endres Custom Homes, Inc. � �i HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7035 5TH 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: 7035 5th Avenue Legal: Situated in Richfield, County of Hennepin, State of Minnesota: Lots 32 and 33, Block 1, Savage's 1 st Addition WHEREAS, the HRA is authorized to sell real property within its area of operation after a public hearing; and WHEREAS, the purchaser of the described property has been identified Brandl/Anderson Homes, Inc., and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 7035 5th Avenue is $45,500.00 with performance security in the amount of $10,000.00; and WHEREAS, a public hearing has been held after proper public notice. 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(Builder). WITNESSETH: WHEREAS, the City af Richfield (City) and the HRA have previously created and established a Redevelopment Project (Project) pursuant to the authority granted in Minnesota Sta.tutes, Sections 469.001 through 469.047 (collectively,the Act); and WHEREAS, pursuant to the Act, the City and the HRA have previously adopted a redevelopment plan for the Project(Redeveloprnent 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 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 Builder has proposed a development as hereinafter defined within the I Project which the HRA has determined wi11 promote and carry out the objectives for which the Project has been undertaken, will assist in carrying out the obligations of the Redevelopment I� 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 Builder, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I. DEFIl�TITIONS,EXHIBITS,RITLES OF INTERPRETATION Section l.l. Definitions. In this Agreement, the following terms have the meaning given below unless the context clearly requires otherwise: BuildinE Plans. Detailed plans for the Improvemznts to be constructed on the Property, as required by the local building official for issuance of a building permit. 401253v8 CBR RC125-234 1 � �� 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 schernatics of the Improvements to be constructed, and a landscaping plan. Develonment. The Property and the Improvements to be canstructed 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 Lot Sale Program, revised Apri123, 2013, and attached as E�ibit B to this Agreernent. Homeowner. The individuals purchasing the Property from Builder and who will be living in the home following purchase. Improvements. Each and all of the structures and site improvements constructed on the Properry by the Builder, as specified in the Construction Plans to be approved by the HRA. Minimum Market Value. $300,000, which is the minimum market value for the land and Improvements as confirmed by the Hznnepin County Assessor. Mort�age. A mortgage obtained by the Builder from a third party lender in accordance with Section 7.2 of this Agreement. Pro e . The real property legally described as: Situated in Richfield, County of Hennepin,State of Minnesota: ' Lots 32 and 33,Block 1, Savage's 18`Addition. i ess of: '� Located on land havmg a street addr � . ' 7035 Sth Avenue S,Richfield MN 55423 '�, Unavoidable Delavs. Delays which axe the direct result of strikes, labor troubles, fire or ', other casualty to the Improvements, litigation commenced by third parties which results in delays '� or acts of any federal, state or local government, except those contemplated by this Agreement, !i which are beyond the control of the Builder. I� Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a 'i part of this Agreement: �I A. Form of Certificate of Completion II'I B. Program Guidelines—Lot Sale Program � 3v8 CBR RC125-234 40125 I 2 � �� C. Form 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 i of the 5tate of Minnesota. (b) The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision refer to this A�eement 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 paxts, articles and sections of this Agreement aze inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND UNDERTAKINGS Sectian 2.1. Bv the Builder. The Builder makes the following representations and undertakings: (a) The Builder 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 Builder has the necessary equity capital or has obtained commitments for financing necessary for construction of the Improvements; {c) The Builder will construct the Improvements in accordance with the terms of this Agreement and all local, state and federallaws and regulations; (d) The Builder wi11 obta.in, in a timely manner, a11 requirzd 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; (e) The plans for the Improvements have been prepared by a qualified draftsperson or architect; and (fl The Builder has read and understands the Guidelines and agrees to be bound by them. 401253v8 CBR RC125-234 3 " 1 �� Section 2.2. Bv 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 car�y out its obligations hereunder; and (b) The HRA will, in a timely manner, subj ect to all notification r�quirements, review and act upon all submittals and applications of the Builder and will cooperate with the efforts of the Builder to secure the granting of any permit, license, or other approval required to a11ow the construction of the Improvements. ARTICLE III. ACQUISITION OF PROPERTY; CONVEYANCE TO BUILDER Section 3.1. Purchase of Propertv bv Builder. The HRA agrees to sell the Property to Builder and the Builder agrees to purchase thz Property from the HRA in an "as-is" condition. The sale of the Property is contingent upon the Builder providing the HRA with evidence satisfactory to the HRA that Builder has entered into a binding legal cornmitment, in the form of a Purchase Agreement for the resale of the Property to a Homeowner following completion of the Improvements. The HRA agrees to convey the Property to the Builder by Quit Claim Deed in the general form of Exhibit C. The HRA's deed to the Builder will contain the right of reverter required in Section 8.3.. The purchase price for the Property, payable at Closing,will be $45,500 ("Purchase Price"). Section 3.2. Title and Examination. As soon as reasonably possible after execution of this Contract for Private Development by both parties, (a) HR� sha11 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 Builder or to Builder's designated title service provider; and (b) Builder shall obtain the title evidence determined necessary or desirable by Builder or Builder's lender, including but not limited to title seaxches, title examinations, abstracting, a title insurance commitment or an attorney's title opinion, at Builder's selection and cost, and provide a copy to the HRA. The Builder sha11 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 effect a cure; provided, however, that the HRA sha11 have no obligation to cure any objections, and may inform Builder of such. The Builder 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. 401253v8 CBR RC125-234 4 i � l � Section 3.3. Taxes and Special Assessments. Rea1 estate taxes and installments of special assessments will be prorated beiween the HRA and Builder as of the date of closing. 5ection 3.4. Soil Conditions and Hazardous Wastes. The Builder 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 improvements or any other purpose for which the Builder may use the Properiy, or regarding the presence of hazardous wast�s on the Property. The HRA will a11ow reasonable access to the Properiy for the Builder to conduct such tests regarding soils conditions and hazardous wastes as the Buyer may desire. Permission to enter the Properiy 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 Builder. Builder will comply with all of the provisions of the Guidelines relating to tree protection,preservation and replacement. Section 3.6. Other Preconditions to Closin�. Closing may not take place until the HRA is satisfied that the Project is in atl respects in full compliance with the provisions of the Guidelines contained in E�ibit B. It is anticipated that the Builder will involve the Homeowner in the vazious activities required under the Guidelines so that the Homeowner will have an opporiunity to contribute suggestions concerning development of the Property. Section 3.7. Closin�. Closing must take place on or before January 1, 2014, ("Closing Date") or such other date as may be agreed to by the Builder arid HRA in writing. At Closing, the Builder will provide the HR.A with a cash deposit for the escrow account established pursuant to Section 5.1, in addition to the Purchase Price. 5ection 3.8. Closin�Costs. The Builder will pay: (a)the closing fees charged by its title insurance company or other closing agent, if any, utilized to close the transaction for Builder; (b)title services chosen by Builder pursuant to Section 3.2 above,including the premium for title insurance policy,if any, and(c)the recording fees for the Contract for Private Development and the deed transferring title to the Builder. HRA will pay a11 other fees normally paid by sellers, including (a) any transfer taxes, and (b) fees and charges related tq 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 warrants that city watzr 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 individua.l 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 D. 401253v8 CBR RC125-234 5 � - 1 � ARTICLE IV. CONSTRUCTION OF IlVIPROVEMENTS Section 4.1. Construction of Improvements. The Builder shall construct the Improvements on the Property in accordance with the Guidelines and the Construction Plans, shall cause the Improvements to meet or exceed the Minimum Maxket Value specified in Section 1.1, and shall maintain, preserve and keep the Improvements in good repair and condition. The Builder shall provide his or her proposed construction plans to the HRA for review; if the proposed construction plans are in conformity with this Agreement and the Guidelines, the HRA will approve the Construction Plans following review and comment by the Homeowner. ', Section 4.2. Construction Plans. No building permit will be issued by the City unless �, the Building Plans are in conformity with the Guidelines, the Construction Plans, the Builder's Minimum Market Value, other requirements contained in this Agreement, and all local, state and federal regulations. The Builder shall provide the HKA 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 HR.A determines such Building Plans to be deficient, it shall notify the Builder 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 April l, 2014 ("Construction Completion Date"). All construction shall be in conformity with the approved Construction Plans and the Guidelines. Periodically during construction the Builder 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 Builder will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Builder and demand assurances from the Builder regarding the Builder's construction schedule. If such assurances are not forthcoming or are deemed by the HRA at its sole discretion to be inadequate,the HR.A 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. Certi�cate of ComAletion. After notification by the Builder 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 thereo£ In the event that the HRA is satisfied with the construction, and upon closing on the sale of the Property to the Homeowner, the HRA shall furnish the Builder 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. Issuance of the Certificate of Completion shall also serve as a satisfaction of any obligation of Builder 401253v8 CBR RC125-234 6 u � ia secured by the escrow account established under Section 5.1, and the cash in the escrow account will be released to the Builder. At the time a Certificate of Completion is issued, the HRA will also provide Builder with a $5,000 cash rebate if Builder 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 provide certification in accordance with the provisions of this Section 4.4, the HRA sha11 within 15 days of such notification provide the Builder with a written statement, indicating in ad�quate detail in what respects the Builder has failed to '� complete the Improvements in accordance with the provisions of this Agreement necessary, in the opinion of the HRA, for the Builder 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. ARTICLE V. REDEVELOPMENT ASSISTANCE Section 5.1. Establishment of Cash Escrow. Builder 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 Builder. . At Closing, Builder 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 Builder and HRA. The obligation to pay the $10,000 to the HRA wi11 be forgiven, and the cash in the escrow account will be returned to Builder if: (i)the Builder receives a Certificate of Completion; and (ii) the Builder is not otherwise in default of any of its obligations hereunder. If such have not occurred, 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. Financin�. HRA acknowledges that Builder has submitted evidence of financing for the Improvements in compliance with the provisions of Section 2.1(b) of this Agreement. Builder must notify HRA immzdiately of any changes to or withdrawal of the approved financing, HRA sha11 have 10 days to approve or disapprove changes in financing. If the HRA rejects a change in the approved financing or if the approved �nancing is withdrawn, the Builder shall have 30 days or such additional period of time as the Builder may reasonably require from the date of the HRA's notification to submit evidence of financing satisfactory to the HRA. If the Builder fails to submit such evidence or fails to use due diligence in pursuing financing, the HRA rnay terminate this Agreement and both parties shall be released from any 401253v8 CBR RC125-234 7 � � �3 further obligation or liability hereunder. Closing shall not take place until Builder has provided HRA with acceptable evidence of financing for construction of the Improvements. Section 6.2. Conv of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand to the Builder with respect to any Event of Default by the Builder 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 the Agreement at the last address of such holder shown in the records of the HR.A. Section 6.3. Subordination. In order to facilitate obtaining financing for the construction of the Improvements by the Builder, the �-IRA may, in its sole and exclusive discretion, agree to modify this Agreement in the maiuier and to the extent the HRA deems reasonable, upon request by the financial institution and the Builder. ARTICLE VII. PROHII3ITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1. Renresentation as to Redevelonment. The Builder represents and agrees that its undertakings pursuant to the Agreement, are for the purpose of development of the Properiy and not for speculation in land holding. 'The Builder further recognizes that, in view of the importance of the Development to the general welfare of Richfield and the substantial �nancing and other public aids that have been made available by the HRA for the purpose of making the Development possible, the quali�cation and identity of the Builder are of particular coneern to the HRA. The Builder further recognizes that it is because of such qualifications and identity that the HR�� is entering into this Agreement, and, in so doing, is further willing to rely on the representations and undertakings of the Builder for the faithful performance of all undertakings and covenants agreed by the Builder to be perform�d. Section 7.2. Prohibition Against Transfer of Pronertv and Assi�nment of A�reement. For the reasons set out in Section 7.1 of this Agreement,the Builder represents and agrees as follows: I (a) Except as specifically allowed by this section, Builder has not made or created, ' and, prior to the issuance of the Certificate of Completion, Builder 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. (b) This provision sha11 not be deemed as preventing the Builder from entering into a Purchase Agreement for the sale of the Property to a Homeowner. (c) This provision does not prohibit con�eyances that are only by way of security for; and only for the purpose of obtaining financing necessary to enable the Builder or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the 4U1253v8 CBR RC125-234 g � � ► ��°I Development under this Agreement, and any other purpose authorized by this Agreement. Any Mortgage obtained by the Builder must be disclosed to the HRA, and must be subordinate to this Agreement. The Builder must provide the HRA with an address for the holder of the Mortgage for purposes of providing notices as may be required by this Agreement. � 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 sha11 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 Builder to pay when due the payments required to be paid or secured under any provision of this Agreement; (b) Failure by the Builder 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 Builder shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or sha11 make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or uf the whole or any substantial part of the Property; (d) If the Builder, 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 Builder, a receiver of the Builder or of the whole or substantially all of its property, or approve a petition filed against the Builder seeking reorganization or arrangement of the Builder under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stay�d within 60 days from the date of entry thereof; or (e) If the Development 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 Agreernent, take any one or more of the following actions following written notice by the HRA to the Builder as provided in Section 9.3 of this Agreement: (a) Suspend its performance under this Agreement until it receives assurances from the Builder, deemed reasonably adequate by the HRA, that the Builder will cure its default and continue its performance under this Agreement; (b) Cancel or rescind this Agreement; 401253v8 CBR RC125-234 9 � � � � (c) Exercise its right under Section 8.3; (d) Withdraw all funds in the escrow account established in Section 5.1; (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 Builder under this Agr�ement; provided, however, that any exercise by the HRA of its rights or remedies hereunder sha11 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 holder of a Mortgage succeed by foreclosure of the Mortgage or deed in lieu thereof to the Builder's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the obligations of the Builder under this Agreement to the extent that the same have not therefore been performed by the Builder. Section 8.3. Revestin� Interest in HRA Upon Hanuening of Event of DefaulY Subseuuent to Convevance of Pronertv to Builder. In the event that subsequent to the closing or the sale of the Property to the Builder and prior to the issuance of the Certificate of Completion: (a) The Builder fails to begin construction of the Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; (b) The Builder, after commencement of the construction of the Improvements, defaults in or violates obligations with respect to the construction of the Improvements, 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 Builder or 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 unauthorized by this Agreement, or suffers any levy or aitachment to be made, or any supplier's or mechanic's lien, or any other unauthorized encumbrance or lien to attach; (dj There is, in violation of Article VII of this Agreement, any transfer of the Property or any part thereof; or (e) The Builder fails to comply with any of its covenants under this Agreement, I then the HRA shall have the right upon 30 days' written notice to Builder and the Builder's failure to cure within such 30 days period, to re-enter and take possession of the Property and to terminate and revest in the HRA the interest of the Builder in the Property; provided, howevar, that such revestiture of title shall be subject to the lien of any prior encumbrance permitted under 401253v8 CBR RC125-234 10 �� ✓ i � this Agreement, or any right of a Homeowner pursuant to a valid Purchase Agreement authorized by this Agreement. Section 8.4. No Remedv Egclusive. No remedy herein conferred upon or reserved to the HRl� is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and sha11 be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by sta.tute. No delay or omission to exercise any right or power accruing upon any default sha11 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 tirne to time and as often as may be deemed expedient. In order to entitle the HRA or the Buildzr 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 bv 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 sha11 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 Individuallv 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 Builder, or any successor in interest, for any Event of Default by tkie HRA or for any amount which may become due to the Builder 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�rmative action program of the City shall be considered a part of this Agreement and binding on the Builder as though fully i set forth herein. � 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: 401253v8 CBR RCI25-234 11 � � e� (a) As to the HRA: Richfield HRA Executive Director 6700 Portland Avenue South Richfield,MN 55423 � (b) As to the Builder: Endres Custom Homes,Inc. 15690 Duck Pond Way Apple Va11ey,MN 55124 or at such other address with respect to either such party as that pariy may, from time to time, designate in writing and forward to the other as provided in tlus Section 9.3. Section 9.4. Counternarts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instniment. Section 9.5. Exte_nsions. Any extension to the Closing Date and/or eatension to Construction Completion Date that exceeds 6 months from the date agreed to in Section 3.7 and 4.3, respectivzly, must be approved by the HRA Board. HR� staff is authorized tv extend the Closing Date to a date less than 6 months from the Closing Date agreed to in Section 3_7 and extend the Construction Completion Date to a date less than 6 months from the Construction Completion Date agreed to in Section 4.3. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first abov�written. [signature pages follow] � 4U1253v8 CBRRCIZS-234 12 � � i� � Signature Page for HRA THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHF�LD,MINNESOTA By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) } SS COITNTY 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 l��IINNESOTA ) ) 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 401253v8 CBRRC125-234 13 c� � i � Signature Page for Builder Builder , . �� C��- -(�� By Its � � �'"' STATE OF MINNE50TA ) ) SS COUNTY OF I-RZVtpQ�,r�`,�R ) The foregoing instrurnent was acknowledged before me this ��` day of (�C�1'�YZ� , 20 i 3 , by Dvs-1'ir� �o�+�e.S , the PvY.Si�,�- _ of � irts C,�si-m,,n fioirn�s , a under the laws of , on behalf of the o Pu c ��5�e-G� �1 q +'ZC�-4-U��'e 0�1� � U �� KELLY A GUT f �.q1Nnl � .`', ` NOTARYPUBLIC•MINNESOTA ; �'� ��My Commission Expires Jan.31,2018 ;.�. y,�. 4U1253v8 CBR RC125-234 14 � p�� 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 Private Development", between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and dated , filed as Docutnent No. (the I "Contract") 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: I THE HOUSING AND REDEVELOPMENT I�'�,, AUTHORITY IN AND FOR TI� CITY ', RICHFIELD �I I i By: ' Its: Executive Director ', STATE OF NIINNESOTA ) ) 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: Kennedy&Graven, Chartered 470 U.S. BankPlaza 200 South Sixth Street Minneapolis,MN 55402 A-1 401253v8 CBR RC125-234 G� �a� EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED: April 23, 2013 401253v8 CBR RC125-234 B-1 �� aa� PROGRAMOBJECTIVES............................................................................................................................3 DEFINITIONS................................................................................................................................................3 PROGRAMBASICS.....................................................................................................................................3 APPLICATIONREG2UIREMENTS................................................................................................................4 ADDITIONALREQUIREMENTS..................................................................................................................5 HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS..............................................................5 NewHouse Standards............................................................................................................................6 SiteStandards.........................................................................................................................................6 ConstructionRequirements..................................................................................................................6 GeneralStandards..................................................................................................................................7 GreenCommunity Concepts.................................................................................................................8 CITYREVIEW PROCEDURE.......................................................................................................................8 LOTSALE TO BUILDER/BUYER................................................................................................................9 PROGRAMMARKETING.............................................................................................................................9 DATAPRIVACY............................................................................................................................................9 � � i B-2 401253v8 CBR RC125-234 � J �� 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 fam ilies. 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 (ot. The Applicant may be a Bui(der or the end Buyer. If the Applicant is a Builder, an end Buyer should be identified. !f 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, walUroof framing, shingling, exterior work, electrical/plumbing/HVAC systems or interior I carpentry. �� Buitder. Contractor who has signed a contract with the Buyer to build a home on the lot identified in the '� application. Contract for Privafe Development. A contract between the HRA and the Builder or Buyer that establishes ��i 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. III.Program Sasics 1. HRA publishes a list of available vacant lots for purchase including sale price and development criteria. B-3 401253v8 CBR 12C125-234 � -�� 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 Requireme�ts 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. Blueprints I 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 I�! 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. I 9. Construction timeline Construction must be completed with one year of the purchase of the property. 10. Signed contract with Builder I 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. 13. Builder References a. Five previous customers b. Three major suppliers, one being the construction supplier c. Building inspectors from twa 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. B-4 401253v8 CBR RC125-234 � -a�" 't 5. Proof of sufficient worker's com pensation 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 'I. 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.citvofrichfield.orq) 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 HRAwill 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 I 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 and a$10,000 mortgage in favor of the HRA will be filed on the property. The mortgage will be in first position. The HRA may consider subordinating its interest in appropria#e cases. 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. 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 fa�ade 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. B-5 401253v8 CBR RC125-234 � �a� 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 properkies. 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 landscapinQ requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.ci.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 pattems in the neighborhood. 4. All air conditioning units must be located in the rear yard of the house, or as approved by the HRA. � i 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. B-6 401253v8 CBR RC125-234 � - �.-� 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 Cit�s sanitary sewer main line. D. Generat 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 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 shall 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 tocated within the 1996 65+and/or 2007 63-64 DNL contours. In cases where sound attenuation standards are required and an increase in costs can be documented, the HRA may consider a reduction in the price of the lot in an amount equal to 75 percent of the cost of sound attenuation measures up to a maximum of $7,500. 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, cooperate with the application. B-7 401253v8 CBR RC125-234 � /�� 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 qualify. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. , 4. Use environmentally-preferabte materials and resources. Use locally-produced, salvaged andlor manufactured materials, products with recycled content or from renewable sources, recyclable or ' reusable materials, and low-VOC-emitting materials. 5. Reduce wasfe. 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- arranged 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. 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 availabls 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. B-8 401253v8 CBR RC125-234 �.� ..:a� 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 acquiring 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 ths 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$10,000 in favor of the HRA. 8. Upon completion of the project, the Letter of Credit or cash escrow is released to the Builder or the Buyer's mortgage is released. A Certificate of Completion is executed by the HRA, releasing the obligations of the Contract for Private Redevelopment. IX. Pragram Marketing Richfield Rediscavered program marketing is entirely at the discretion of the HRA. It may include the following: 1. Buyer So/icifafion. The HRA may market the program to potential Buyers through promotional articles, direct mail, the Internet, or other methods as deemed appropriate. Buyers may be any financially capable individual or household, including first-time buyers, move-up buyers or empty- nesters. 2. Public Promofion. a. The HRA will periodically provide information about the program through articles in city publications, on the City's web site, on the Community Cable channel, or via press releases to promote community awareness. � b, A public open house may be held to provide an opportunity for residents and other interested parties to collectively view the finished homes. The Parade of Homes Fall �I Showcase and Spring Preview may also accomplish this. � A program information package will be mailed to all interested participants. The information packet may ', include the following: ' 1. Lot List 2. Richfield Rediscovered Lot Sale Procedural Guidelines 3. Application Form 4. Sample Contract for Private Redevelopment X. Data Privacy All information secured through the program is subject to the Data Privacy Act. B-9 401253��8 C$R RC125-234 � � �� 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 , a under the laws of the State of , Grantee, real properiy in Hennepin County, ' Minnesota, described as follows: j , according to the map or plat thereof on file or of record in the office of the Hennepin County Recarder. This deed is subject to that certain Contract for Private Development between Grantor and Grantee, dated _, 20_ (the "Contract"), recorded _, 20 , in the office of the Hennepin County Recarder/Registrar of Titles as Document No. The Contract provides that the Grantee's rights and interest in the real property described above are subject to the Grantor's right to re-enter and revest 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 a11 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 tlus 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 properiy have not changed since the last previously f led well disclosure certificate. HOUSING AND REDEVE�OPMENT AUTHORITY INAND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director 4U 1253v8 C$R RC125-234 C-1 � �� STATE OF I��IINNESOTA } 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 5TAMP OR SEAL(OR OTHER TITLE OR RAI� 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 af the Sta.te of Minnesota, on behalf of the corporation, Grantor. I SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT I NOTARIAL STAMP OR 5EAL{OR OTHER T1TLE OR RAKj Check here if part or all of the land is Re�stered(Torrens)� TaY 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 401253v8 CBRRC125-234 C-2 � � �� 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 properky have not changed since the last previously filed well disclosure certi�cate. � � D-1 401253v8 CBRRC125-234 � � 3� ,,�;��x�� r� � � � r N . ��i tv��c s�� P.�7.Hox�35 St.l��ut,?4iissnesntx 5�Ft5�-fl�9� �SI�'�4?l�#�S?or&t�Q-3$3�48 EPAk M o► ALT 3vu�sk.Fieatrh.str�t¢.m�r.au;dn�+�.lrie$d�s l�F�3.,L-37i�C.�.ia�3lT#l!��i��Tir''1��,�r.i♦i P�°ia�te 41,^��n��s��u��t�s�3�or ts�u�f�r real�r��er�.tl�z s��le:•a�i��t s�i��-a��cliscl�s�ua e��itiuw��eli disclosxtt�3t�t�.�uent�tl�e loc�tio��tnd��tus��c-�i�s#�att��cl�tin�c�b�Io1��s�f�11��•el�s ca�a#2�e}�sc�ea°ty i�s t�e i��xy�r, ai�n�;��iEh the Ie�al d�setip�io��d c�uafi;��f t�ae�v�aerty,a��act a ak�tt�s�sho��`sn�th�lc�c:�tiou�f��c�j��'��• iz�di�.at�tl�+�re�re a��t��lls oia#h�prcxpei�. i�'ELL:BISC'LCISII� G`ERTTFIC�i:`I`� �i��ell I}iscl�sEU•e C��rti��a�r is r�quit�ed rr�be filed ni��e�the��°r t�a�e��el��n t'�e p�o�ae�°t�. a �.t t�e tsn�e of elcrs�z�,#he t��Il etiscl�s�:u•�stateu�eui iuf�r�a�atic�u.�Io�tg te�7tlt��e prc�p��t�bu�y��'s naua��uac� F�aaifuas a�c��e.��.u�ust be�arvaztic�l on za�e1f Di�e3casur:C��ifieat��'I]C}�z�a.�'Vlrcn�-ccorciiu��.ecci o�• ��ei in�truiu�ut of c�su�:��ee r�c�esu�sa��G�ificate�f Re�l�stat��t�l�e(�R�'�,a�:c��I�tee�T7a'D��tx�t t�e _ fil�c3��ith tl�e�:c�au�ty��zc�r�iez�,u�ct�adiu�a��U fe�p�y�bl�t�t�e�c�1�a�r�ea�de�•. a �f t2iere is��rei iaz�sl��1etl�VT}C'��tl��a��ber c��t�•e11��nd�'�r tiac��•ell st�€��s��cl��c�,�n�s�-�t�I�C'�u�x�t l��til�c�.4"oi;�37��.z�'cl�fa�ps°e�-ic�usly fi�ed�T3C��t: � �z��d�a�>.�ae�Irit.stttte.��r�a;iise�r�itits��hri 4r�llsle�r��osa+r�erdt��scictiarr�,��irrfl, s If tlie a��i(aer��3d st�tz��f�c�:e�ls c��t�ie�aro�em�*re��ai�3�nic3ia;ngee!:iazce tlYe�ieu€vu�iy iilzd��'13C',�state��it s��si 1�e plac�d�n the�ect as ut�ier�as��.uxr.�i of co��eyauc�that�eads "I c�mfcr�r�ili�rr��vit�tl�e pro�rt}r �ai�sca��aPd��f tla��ir��tt��etraen�!czr��cl.�e�r�;�r thcat tlre siatr�.s�ra�tic�rrtbes•af iti�7ls a»th�c��s�r�bed r•ec�t pr�ap�rt32 I¢c�vr. nut a}rzir�g�rt�ixrc�tlre last pr•�=iatrsly f lerl��ell�'is�losrra�:cer-ta'frcnte."Tl�is st�t�raie�€�i��sc lxe eert�ifi�d b�thz l��.a��•c�i•s�Il�r anct r�c��VD[is i�e��ue�i. If tl�eY°e at•e no n-ells an.the prn�pei•t�sr,��`ell Disctsrsure+C'ea�#ificat�is n+a#re�u#i ed#�i i�e fl�ed,Hc��s•e�zr.tl�e S�ller��z�st eertify a s#at�e�ai a23 th��te�d c�f•s��er s.usht�uens a£�:+�u��e��ee t.�a��e�d�"�r�Seller certi,�s tl�c�r tF�e S��ler•dv�,r not k�acni=rr,f�rs��z��dls un t��c��.r�tzb��I r�nl�ro��u..' I?�S�'Ri'+C'TI�D�T��`flR C��iPZFE'�L��T� �'4'ELL I3IS�GLt?�L'RE�:�i�II�i�C�iTE r1�;l£e�u�.usi�includ�d��s�absnitii�as�tlus fors�#c�the e��.u�ty�corcler's c�f#ice_Tlie fe�is�o�a��s�id by the t�uy�r�r p�rson filiia�t}��e+�,�1eas�u�ake tl�e eheek�aay�ble tv t�az�c��sily3tec�ss�e�•.:�c+��y+a�i�is�4'I3!�`sh�uid b��.n�o�-€�lecl t�t�e pr��v biiy�r a[the tiE��af c�css��. PR{)P�Tt'�I�,B€Y�R,�'�'D SELL�h��'Ct�LI��.��I(��r ! �. PRt�PEI,:T�.'Lt3C�1'I'I�:�LE��I,I��S�RIPI`It?\-Prvz�:ct�tlie cot��ty sxaz�x�;"�tszp�atrerf"a naetes�zid l��tin�s de�cfip#io��{c�iu��ti��[vn�qx�rt�r seeric�u i�rec�c�zredj oi°gv�ea�u�nt�c�t<secti�f�,t�sx�^ns3aip,ar.ict r<su�e ��uuber);��cl�or`�lattes�"{lo#n�uY�t�er�c�°or bt�c��u�ser,�nd��itaciii r3au�.�);pr.a��ty sneet�ctclress(ff a�l"€c�b1�},and eit�(thi�is tlte p�y�sic�I l�c�tav�i of tli�pro�#;nut t�.e s�itiu�a€tdi�ess):prc�g�rty�xs�uul�er sar p�rs.zl�iuitb�r(c�ptiaual�.�.tt�ci�a�a�}�l�te Fe��d��ri�taon cif tlie Prc�eTty`. 8, I�'R(3PERTY Bi.'4'ER:�I�iLI�tiG�I3RESS�TER�'LU�L�G-�ra�iri�tlie buv�€`s fetik�a��oi° ce�n�pany n�rr,��if l��iy�r is�eos��paz��,`�i�ll addr��s,ai�cl�la�ra�sau�zhe��ci€a+�iz��a•�a cude}.$e stu°�t�r i�ic�EUd� a��+s�.slete�iii�i��<1dr•.°ss.If tlse��c+}�e��i�joinil��-�zed.��c�id�tli��uu��d c��pl�te ii�ai3au�a�r�e�s er£ tlae�:c�ntact}�rsou. 5ellc�°rs':ame—Pie�se pros�zd�th�aa�i�of Ch�s�ll�r�t sp�ee gr��-i€�d fgle�s��ss�f). D-2 401253v8 CBR RC125-234 � �� C, GERT'I�C`�Tit}it$Y�ELLER-T1�e��ll�r��r cl�si�n�t��l z�pi•esetkcative�s�s��l+�l si�tF.iis c�ti#��.at�befoz��i# is fub��tt�d t�tlie cc�unty r�cor��"s o#�iae.If th:s�ll�x is tu��bte t,�si�n the r1�c��n}�xt.tl�e kat�yer��r c-t��i�atecl ��egreseue�ii��i3��y si�t tt��c�i�tifiea�e befcar�it is��.�tm�tte�-k ta tl�eac�.ni�r�ec�rct�r's r�t�ri�e. D. �ER�FFIG�:TIQ\B�$L'�FER-IftFxz��I�r is cu�bie to si�u tFae clt?c��esxt;the l�u}��r desa�a�a��d ��epres�at�ti�-e��t�si��tl�e c�iti�ic�te b�fo��it is�ta�+saaitt�ci t��e��,�€�t�re�vrc��r`�ai�%��.�i��r�t�c��ds�e _ �i�c��fit��illi�teut�f�ton��t fo�.I��ed�Ii��.�,'I?C uxust�ae s�.�x�cl by tt�e iau�er�r tlz�pers�n�i�thorizetF t�s ��t rm:t��l��lf€�t tli��auye�. Signse#ft��e IZ�ec�;iir�d-'T��r�sx��t be Qt 1��.�t o�iz�;�tau•�t�a t1��c�r�a#i��t�. ��`�LI.T�'F'fJR.l:i�i�'IC}� E. ��i,I,L+(3��'IQ��.E��.L I3�S�RI�'�I{)�_Fcsr e:�eh�:ell�ei�i;disel�.sed t1i��c�3�oi�-uz�p�v�ie�I l+�e�tic�� s3�f'criY;i�tiv�i��'��c�LUrz�i_ : • 4eauut-y n��z�,qc�.��t�e(�sue c�ai�r�t�r sectica�i�r�+�uirec-€�.s�ct€�u.tas��ship,a��i ra��anzb�,au�l,}oa� � ��a��aty t�s��.�c�q�xe�t iot,sectio�a.#at��s��p,�zad r�n�e satuiab�r: aud�'ar +r tc+�u�cv��le,Ioi�a�uz�r:laer a�x�.��r blac�.utuuber.�sacl�ddi�ac��ne �1�Lt S�':�T�S I;�`F�?iZ'tL4I`It)�_.I�u3ieate ils�statt�s of��c3��11.C:heck o�i�ax�e�os. In tise-A��e3�i�`•i��:��"iftl��e�i�opera€e�i osz�e d��e��ar.csi•��an�I basis.?�c��l�"�czse"i�ciuz�s�t �ve21 t��t cs��eratss�a�tlae p�u�+ss�vf u��a#i��:.fs��z gr�t��.tiau,ar e�e��a�aae��pi:�aapi��. ?tiat In Lrse-�1 R�=��i�"�ot in i�se"if tlie�€-�Sl does�ot ane�t ai�:e el��'na.it�o��if"u�use"'abo��as�d I��s�i�+#�ize��s��l�d �by�Ii�e�ts��ll ec��tr��t�r, s �f t}�e��-elI i�`•nc�t i�cxs�.''is�t�er��'�+iini�es�t�1��uut�n�nt�f�ie�lth{�II3��-�rian��for�is c�e21`?t t��se pra�i�e t1�e�.aa•i��c�tcac3��t�n�n�r�T��,ifk�to��. s If tl�e��eil i�`'a�o#su��e�"is t�et��x'�+�IDH u�aiuten�ee p��e�c�r tiais��ll�?Fl�ase presz-id�t�ie p��uut�tu�}��r, i#kstotv�. Ses�led-�4�ell is"Sealed"'if a licens�ct�c�e�f c�nu�ctur�s cc�u�le€et��I2�d��li#��t�nauz}�iu��ca�.i�au�t�i�i�l thx•c��gl�oz�t��iYti��t�'�lf�i�er renzo�al of au,+�1��tc�.��.tia�s fr�iu[h��.��I�,z�.��Il at�d Bc�ruY��catiaa�R�c�rct�2�u�t �e b�i f�l�t�-it�c�i�i�I�1H,Ccarztaet the�H t�ti-��if��"rf�se�iiu�xecotcl i$c��I�.s�.��°�ll is'ca��cl"if it��s�in�t�sl �r p2a�tic�esga t��cr�aer z�.�I�ic�is tll�rr��ded,hu�teci.c�r�.t��ldeci��#4�ii�ttap�f tl��is:�I�t�gr�;e�tt�aihy`s�ata�e a��11. �`'cap��"�-ett is��t:�"sexled"�ell. im�oi�ta�tt i�ell 5tatus info�mztionc • T�ae 3+IL3�i��-'ilI#'�Il�.y�v-��tl�t6e�ro}�errtty buy�r re�<uc1i��a��r i��lls disel��ci as`�c�t in��se."If��e�I is`•�rat i�a�.s�"tl��prc+p�ri}?EJkr'I3r:f fl1115��'1f�3�!'f��CtTII#Il:u eIt t�a`•isg�se:'��-e tl��ell•`sz�led"�y��lieea.i�d v,c�ll cn2�tr�ett�r.ctr o�tain:�n�ntt��asnt�uance pea�nit#c+�zu�i�H�a��1'�. • 14��iut��e��nit�a��e siot tras�sferal�l�.I#`a t�ell�s"i�kxse,"a i��aint��t�siee�et�nit is n�t rec�ure�i. s If t1��l�l�a�L��u"��al�c3"try sa��ne c+t��t°titan�t�ice�sec��;e�con��et�ar c��t�Iicens��i�e�I seadan� evratr�et��°.c:.�eck��i�ell sta�cs�s^'u�t ir�u��;" ��tit�nunl��{eli IufnE•m��tioa-Presz=id�tl�e fo11��iuf�iatin�,if I�r��; ��s�ta L?uir�ue�Vell fv��Y�l��r car S�atiu�Reco��i�+,7cu�l�r.�te c��-��I eo�ist��.�ctiau os-se�lit�.�.�n�n�n��f li��n��d��e�l�a��tractor. S�ETC;,H�i�P-Cr,��plete t�e�etcl�m�g�s in�trueted+�n tlie��:Ttie Yc+�at��u c��aa4��ve�l x�ust l�e ir.ldieatzd. If r�s�l��tic�zz o£a�velt is rxat l��ns��;.3a��tl�e ts�Il lc>c�tetl Li}t�p��ora�t��ti�ed tv lc��c�te cz>�11�.st�cla�ts a lic�z�s�d ��:•zlt e+�r�tr�ctc�t�. If you��q�aesfions.gl�z�e cr��tact tt��fU�-I��'eIl I�i�ua�emegai��c�ic��t t��-Zt�I-��?ar&tld3-a�3-�?8�?'�, To r�c��z��t#liis dcc��e�t2�a�r��ti��r f�r��at,�all�?1-'{31�GC}0.I)��f�nd h�rcl-��I��s•iu�: T'I'T��i-�t3i-�'�i. �;'isz#e1�e R+�3Fi�Fel1�Iasi��c-^��#�c:eii�ii,i��'eI�i3i��los��r�Pr�.-��tr�uu;�.�'�t�site�c: ��-�t�.�r�altt�.stcal�.nFrz.�rsf�i�s�e7�r'x��ts�x�iscTcisz�r�s, I D-3 401253v8 CBR RC125-234 �'- 3� ��ti��L� ��,�� ,��a��,r�� L��e13 Rianagemeut Section;P.O.Bc�:�+Ci4�?��t.Faal.�!fiiu�esata:ii1b=1-(537� 5�f-�U1-��8'�ar SCt0-383-93+�8 �i�LL DISC'LUS�1�E E'E�tI'I�'It'�1TE PL�3��T�1�'E£77�PIt�.?v'T�ILL'IV�'(?It��L-��t'J=t' Persoza�i�u�dee�i must i�ncl.r�d�a�50 fee yata��a the cou:xty reaordez.. �#.. FR�FERTY Lt�C 4TIt3�LEG�I.DE��"RIPTT€)� A�tart►a le�i des�rip�iern�ftl��ro��ri.y_ Go�tunty �eticsu 3�[a. Tt�nshi}��to. R.-m�e Iva. f�uazt�s�ar Ccsversssss�vt Lot) ��t�t��p�� La�t Z4a�,$). Bi�ck'-+1�. AciditiAn�3a€ne t}utlot T'ract Prvpei�ts��treet Addz� �i�}i?"Tu�mship Z1P Code Pro�ert�I1��Ta.�`FArcel No.(optiant�} RiCllfle�d 5�23 8, PFttJPER'I`Y BL`YE,R�T�3LI�G�I?17�T#E�S AFI"E�Ci.[�S�iG �i�� ',Vt��dc�Ie Isuai:�i L�ese i�tau�e �erz�aauy Z+ia�ue�if�pplic�ble) ivlailin��ddr�ss ��1ai2ing.Aticir�ss �ity' acate%Prtn•ince ��'`c�e Te3eglt��io.{sn.eluifn�g flrea codej �,�3��o�:��tt��,�t��;flc� �ousing�nd Redevelo�rr►ent A�thor�ty in ancf for the City:�f Richfi�ld +L:. C'EI2TIFIG�iTIQ1�'Y SELLER E eertiiss xJ�.-ef tlte inforn�tioageoti-seled:on ttus c��cnte is accur�tte and co�t�tr ta the best of my knc+m#�tige. Sign�t�ttz af Salter s�r IJesigna�ti Iiept�sex��is�uf�e�ter � D. GERT`.TFI�'A.TIU�BY BL,�I� For fi�llmeuf c�f a coa#ract fQr deed.,the L�;�r or person atithurized te�ac.t�n bel�alf of#lx�lzuyer;�uust siga a 3�e1� I7iselosure�ertificate if#]iere i�a�ell on tlie progesiy. I�s th�abs�izre s�f�seil��'s siea��re,tl�e bia�er,or�ersa�t a�il�vrized to�c�+rn�t�ehh�.if`of#1�e buSFe�s�y sig,u t�is�'��i �i,��1os�Certificate.�Q signat€u�is r�quired l�y the buy�zf the se}�e�iz�s�igszed a�a�e. Basec�o�disclosure iufarm�ii�n grou-ici�d tu nie by#he seller e�r�t�er�vailstil�u�fos�iion;I c�sti�t'that#he infom�tiot� �n tlus c�rfif c:�t�is�ceusate anr!cosngtete tc�t�e�aest of u��ltnc��*fled�e_ �i�atwe of B��rs or I]esig�ted 1��s�ntatY�r af$eeycr I?ate Z'��TPQItTAi'w�'�[3T'E:: T�e 1+i��sota Departn�eut of Health C�IDI�j w�i)1�aliQw-rt�p with#t��r�ap�b�ivcr re�ac�din� an��az�fl�discls��d as u�t iu�se.I��well is not in use,the gr��i�u�vne�sntut either rehuv ti}�e weif t+�uze,ha�thQ �ue�seal�d by a licensect��ll cotttraete`r;or ob#aia:an�ual mainteucance�ermit fr��t3�MD�I far�1?5.A c�y c�f tl�is t�4'ell i)�scle�svre Certifcatz sl��ld be�os��ded tu#he p�'o'�erly buyer at t�e tu�e of etos�ug. I D-4 401253v8 CBR RC125-234 � -3� ,�c a �ii'_h:'�`ESC3TA gEF�:R.T�LE11Z QF HE>�.I.�'H Iu�icat�'I'�tal?�t�suber af ��'EI.:L DI�CI.t3�i'RE�GERTI�IC"�TE 4�iells�n Pr�aperty PZ�4S�TYPE t?R PI'i.IIVT�4LL�IF'f?R:�IA�O.�Y FR � A. r' �� H . . . . .. . . Fi�ca�tt�s�p��at��e�l inf�r�aatit�n�a��f�u�ore tl��ts�•a��e3ls are tac�tect an tl��rr�g�er�y. E. �►�'ELL LtIC�'I`It3:+K L�G�L.DESCItiPTlt7tti 't�'EI.L#�1—If�ha�rroFen3'I�g�descraptia�a h�s more than�rue.se�.iisna,to�a�ns�p,sa�r z�nge�tumlaer;qu�rt�r(c;r gavcnatn�sat Tcat�;ac 9ot rsr liioek m�f�er: rrni� �ifxz le ai deseri tian inff�r��#irin:re tlin�ihr ��irs1 l�aficrn of flus welt: Cauaty Seetion I�a. T'na�zs.�ip:`30. Range:�10. ��ter{or C��en��e�it Lot} H�;�t��pin Lot:va. Blocic I�3o. Ai�3rlicion�a� �hstlot T`sacs M�t Jsvque Vk�elf�o.c�r�a'za)sng F'�ccc�rrs3.'i'�(o. '4'�'ELL'�T�.I"#:S(C�eele only 4ne bax} D�te€�f LVr}1 C�astrucxion 9r ti'E3.L IS: �In�se(1) ❑ 1Vot ia T,�se(Zj ❑ �eaT€d 6y Licznsed t�'eli Cos�tractor(3)'�_ S�ting *Calt?k�}H ta Fei�i-seal'u+�g rtct�rd is on�lte. Na�a�f I;ic�nseci:�VeI�C'ousractvr if ihe��eii has been aeated b;s sc��zoue:usl'�et#fian a li�ensrd t�:e7�eoutract€sr or s]ic�n�d weli se�iu¢ cc�tractor:ctt�#he t�eti status as not#a u� i�1so see"L�IFC3I�i"f�4l+�T�SC�TE"sau a�e 1. Ifvvzll i�nat in use.is tttere an A��3H t�iu�e ftrr�evell2 :I€t�e w�1I is not in use,i�tkere au�+ID�I tvaisatex►asic�permit for ❑ �'es ❑ I�o ihis tt�112 ❑ Yes ❑ 1'+i4 Ify�s,:gro�y�tht x�ari�c.e trackiaa�g�xtvt�r(�?d} Ifv�F�'+�vide'ti�r p�uut i�i�zxber 4�'�EI.•I.��€�—If'3�s�gscs�erty Ie�al d�s�iptiu�hss nuxrcfil�one�ctinn*to��mstv�,or rauge a+unber;c�uarter(ar gouenuueut lc�� Fot ar block muuber; ��stie s 'fie 1e a2� • ti�a iuFor�tiot�r�acdiae the 1�y��icai lacati+Qn of fiais vuef4_ C.�� '�ctioui�3o. Ttx��ip'�to. �angel';To. �•(os�`iacerru�ieut L�t) Lot Tvo. B1o�3c�o. 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AGENDA ITEM#: 5 REPORT#: 49 STAFF REPORT � HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 21, 2013 REPORT PREPARED BY: KATE AITCHISON, HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: ��N BARTON, ASSISTANT COMMUNITY DEVELOPMENT DIlZECTOR c TirL ACTING DEPARTMENT DIRECTOR REVIEW: S!G TURE REVIEWED BY EXECUTIVE DIRECTOR: ; � R ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 6812 14th Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a sin le famil home under the Richfield Rediscovered Pro ram. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve a resolution authorizing the sale of 6812 14th Avenue to Endres Custom Homes, and; 2. Authorize execution of a Contract for Private Development with Endres Custom Homes for the development of a single family home under the Richfield Rediscovered Pro ram. II. EXECUTIVE SUMMARY Endres Custom Homes has submitted an application to build a new single-family home at 6812 14th Avenue as part of the Richfield Rediscovered Program. They are proposing to construct a two-story home with three bedrooms and three baths. The home will also have an attached two-car garage. The home will be approximately 1,910 square feet, with an end-value of$300,000. 10212013 RR Contract 6812 14th (Endres Custom Homes).docx III. BASIS OF RECOMMENDATION A. BACKGROUND • The Housing and Redevelopment Authority (HRA) purchased 6812 14th Avenue as a double lot in 2012. The house was demolished and the lot divided into two 50-foot wide lots. B. 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 Exhibit B of the Contract for Private Redevelopment. C. CRITICAL TIMING ISSUES • Per the Contract for Private Development, closing on the lot will occur no later than January 1, 2014, and the house construction will be completed by April 1, 2014. • A provision has been added to all Richfield Rediscovered contracts authorizing staff the ability to grant an extension to these deadlines for a period up to six months. D. FINANCIAL • The HRA acquired the 100 foot-wide property in February 2012 for $110,000. • The lot was subdivided into two separate 50 foot wide lots. • The appraised value of the each vacant lot is $45,000. • Under the terms of the Contract, the $45,000 will be due at closing. • The Builder proposes to build the house to achieve MnGreen Path certification. If the certification is obtained, the Builder will qualify for a $5,000 cred it. • Under the terms of the Contract, the minimum market value of the house will be $300,000. • Under the terms of the Contract, the Builder must submit a $10,000 cash escrow to be held until construction is completed as provided in the Contract. E. LEGAL • The HRA Attorney has prepared the Contract for Private Development. • Notice of the public hearing was published in the Sun-Current on October 10, 2013. Mailed notice was sent as a courtesy to property owners within 350 feet. IV. ALTERNATNE RECOMMENDATION(S� • Amend the Contract for Private Development and direct staff to work with the Builder to revise the proposal. • Do not execute the Contract for Private Development. V. ATTACHMENTS • Resolution • Site Plan ' • Elevations and Floor Plans ', • Contract for Private Development !, • Photo of Property VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Dustin Endres, Endres Custom Homes � � � HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 6812 14TH 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: 6812 14th Avenue Legal: The East 1/2 of Block 6, except the North 126 feet thereof and except the South 320.3 thereof, RICH FIELDS, Hennepin County, Minnesota WHEREAS, the HRA is authorized to sell real property within its area of operation after a public hearing; and ' WHEREAS, the purchaser of the described property has been identified Endres Custom Homes; and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 6812 14th Avenue is $45,000.00 with perFormance security in the amount of $10,000.00; 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 6812 14th Avenue is authorized to be sold for $45,000.00 to Endres Custom Homes, Inc.; 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 Builder. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 21st day of October, 2013. Steven J. 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I'� : ' � atwlea: � S g` I .� � �� .'�:I I : I ry 6 �air��msE _ _ -"-WAL�LINEABOVE-�---- �^ ' � H o _ — �-��o�,� - � � � , � � � ---------------� = - iv`�vzxia iPirzxio � �� - _ :�I��`;I I � I =�en2xlo trtv4xio GIRDERROOFIRUSS-TRUSSMNFRTOSPEC � � �� ' ROOF TRUSS 24"O.C. lo steFiooRioDFCC i ( I � � PERMNfRSPECS � iPLYY10 N � � � � -- - - - - - - - -J � � I'm - ' � ° -� _ �n ,..:;.n�,�:=<.� � , o � , __.3:. , PlY2%i �� 1 1 _ �� _ ' _ _ — ' NOSTRAPSREQUIREDfy.� � � q� 3' 3'-il l/7' 3' S,-6" 5'-b'. 5'-4" 5'-21/7' PER PORfAI FRAME Dt1AIL�4% PER PORiAL FRAME�DEfAIL'��,}l - ----------- 9-I11/7' . 11' 1d-61/2" ia xevrscroo�x+c 7-31/7'--► LIVIh•lv Fi�2F/{ 31•�6•. 10'-b" 401:Q ft Y-11 1/7'�y 21'-6 I/7' 37'-b" ��r s•svz� �-��t�� 4 iaaova� ia�eva° i 9'-I I 1/2" 21'-6 I/7' BASEMENT , �\` 21 "__ SCALE:718"=PO•� 31._6„ „ `�s.` ��l1 �.__.� ,�,( uvlydG,�,�r:P._ MAIN FLOOR �� , vlv��;Gt:RE,� SECOND FLOOR /r,� �� 58fi;qfl SCALE:1/e"=1'O" �`A2:' SOflOsyff SCALE:1/8"=P0" \J�� MAIN FIOOR WINDOW HEADS @ 95"U.N.O. �—� `�' 2ND FLOOR WINDOW HEADS Q 83"U.N.O. �� —v ` � . � � � ; CONTRACT FOR PRIVATE DEVELOPMENT Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD and Endres Custom Homes,Inc. for property located at 681214`h Avenue 5,Richfield This Instrument Drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Rich�eld, Minnesota 55423 Teiephone: (612) 861-9760 401253v8 CBR RC125-321 �� 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 corporat� and politic under the laws of the State of Minnesota., having its principal office at 6700 Portland Avenue, Richfield, Minnesota (HRA) and Endres Custom Homes, Inc. (Builder). 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 4b9.047 (collectively,the Act); and WHEREAS, pursuant to the Act, the City and the HRA have previously adopted a redevelopment plan for the Project(Redevelopment Plan); and ' WHEREAS, in order to achiev� thz 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 Builder has proposed a development as hereinafter defined within the Project which the HRA has determined wi11 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 locallaws and requirements under which development in the Project has been undertaken and is bzing assisted. NOW, THEREFORE, in consideration of the mutual covenants and obligation of the HRA and the Builder, each party does hereby represent, covenant and agree with the other as follows: ARTICLE I. DEFINITIONS,EXffiBITS,RULES OF INTERPRETATION Section 1.1. Definitions. In this Agrezrnent, the following terms have the meaning given below unless the context clearly requires otherwise: Buildin� Plans. Detailed plans for the Improvements tv be constructed on the Property, as required by the local building official for issuance of a building permit. 401253v8 CBR RC125-321 1 �°� Construction Plans. The construction plans approved by the HRA pursuant to Section 4.1 of this Agreement. T'he Construction Plans include a schedule for construction of the Improvement5, preliminary plans and schematics of the Improvements to be constructed, and a landscaping plan. Develonment. The Property and the Improvements to be construct�d thereon according to the Construction Plans approved by the HR�1. 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 Apri123, 2013 and attached as E�ibit B to this Agreement. Homeowner. The individuals purchasing the Property from Builder and who will be living in the home following purchase. Imnrovements. Each and a11 of the structures and site improvements constructed on the Property by the Builder, as specified in the Construction Plans to be approved by the HRA. Minimum Market Value. $300,000, which is the rninirnum market value for the land and Improvements as confirmed by the Hennepin County Assessor. Mortgage. A mortgage obta,ined by the Builder from a third party lender in accordance with Section 7.2 of this Agreernent. Pro e . The real property legally described as: The East 1/ of Block 6, egcept the North 176 feet thereof and except the South 320.3 feet thereof, RICH FIELDS,Hennepin County,Minnesota Located on land having a street address of: 681214th Avenue S,Richfield MN 55423 Unavoidable Delavs. Delays which are the direct result of strikes, labor troubles, fire or other casualty to the Improvements, 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 Builder. Section 1.2. Exhibits. The following E�ibits are attached to and by referznce made a part of this Agreement: A. Form of Certificate of Completion B. Program Guidelines—Lot Sale Prograrn 401253v8 CBR RC125-321 2 � ✓� C. Form of Quit Claim Deed D. Well Disclosure Section 1.3. Rules of Internretation. (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 A�reement 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 UNDERTAHINGS Section 2.1. Bv the Builder. The Builder makes the following representations and undertakings: (a) The Builder 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 Builder has the necessary equity capital or has obtained commitments for financing necessary for construction of the Improvements; (c) The Builder will construct the Improvements in accordance with the terms of this Agreement and a11 local, state and federal laws and regulations; (d) The Builder will obtain, in a timely manner, all required permits, licenses and , approvals, and will meet, in a timely manner, fhe requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed; (e) The plans for the Improvements have been prepared by a qualified draftsperson or architect; and (f} The Builder has read and understands the Guidelines and agrees to be bound by thern. 401253v8 CBRRC125-321 3 �� Section 2Z. Bv 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 a11 submittals and applications of the Builder and will cooperate with the efforts of the Builder to secure the granting of any permit, license, or other approval required to a11ow the construction of the Improvements. ARTICLE III. ACQUISITION OF PROPERTY; CONVEYANCE TO BUILDER Section 3.1. Purchase of Prouertv bv Builder. The HRA agrees to sell the Properiy to Builder and the Builder agrees to purchase the Properiy from the HRA in an "as-is" condition. The sale of the Property is contingent upon the Builder providing the HRA with evidence satisfactoiy to the HRA that Builder has entered into a binding legal commitment, in the form of a Purchase Agreement for the resale of the Property to a Homeowner following completion of the Improvements. The HRA agrees to convey the Property to the Builder by Quit Claim Deed in the general form of E�ibit C. The HRA's deed to the Builder will contain the right of reverter required in Section 8.3. The purchase price for the Properiy, payable at Closing, will be $45,000 ("Purchase Price"). Section 3.2. Title and Examination. As soon as reasonably possible after execution of this Contract for Private 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 Builder or to Builder's designated title service provider; and (b) Builder shall obta.in the title evidence determinzd necessary or desirable by Builder or Builder's lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney's title opinion, at Builder's selection and cost, and provide a copy to the HRA. The Builder sha11 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 effect a cure;provided, however, that the HR.A sha11 have no obligation to cure any objections, and may inform Builder of such. The Builder may then elect to close notwithstanding the uncured objections or declare this Agreement nu11 and void, and the parties will thereby be released from any further obligation hereunder. 401253v8 CBR RC125-321 4 � �- � � Section 3.3. Taxes and Snecial Assessments. Real estate taxes and installments of special assessments will be prorated between the HRA and Builder as of the date of closing. Section 3.4. Soil Conditions and Hazardous Wastes. The Builder 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 improvements or any other purpose for which the Builder may use the Property, or re�arding th� presence of hazardo�s wastes on the Property. The HRA will allow reasonable access to the Praperiy for the Builder to conduct such tests regarding soils canditions and hazardous wastes as the Buyer rnay 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 Properiy for development. All other site preparation is the responsibility of Builder. Builder will comply with all of the provisions of the Guidelines relating to tree protection,preservation and replacement. Seetion 3,b. Other Preeonditions to Closin�. Closing may not take place until the HKA is satisfied that the Project is in all respects in full compliance with the provisions of the Guidelines contained in E�ibit B. It is anticipated that the Builder will involve the Homeowner in the various activities required under the Guidelines so that the Homeowner will have an opportunity to contribute suggestions concerning development of the Property. Section 3.7. Closing. Closing must take place on or before January l, 2014, ("Closing Date") or such other date as may be agreed to by the Builder and HRA in writing. At Closing, the Builder will provide the HRA with a cash deposit for the escrow account established pursuant to Section 5.l, in addition to the Purchase Price. 5eetion 3.8. Closin�Costs. The Builder will pay: (a)the closing fees charged by its title insurance company or other closing agent, if any, utilized to close the transaction for Builder; (b)tifle services chosen by Builder pursuant to Section 3.2 above,including the premiurn for title insurance policy,if any,and(c)the recording fees for the Contract for Private Development and the deed transferring title to the Builder. HRA will pay all other fees normally paid by sellers, including (a) any transfer taxes, and (b) fees and charges related to the filing of any instrument required to make title mazketable. Each party shall pay its own attorney fees. Section 3.9. Sewer and Water. The Builder acknowledges and understands that the Prop�riy is not currently served by city water or sewer and the Builder will be required to arrange for the connection of the Property to city water and sewer service. Section 3.10. ISTS Disclosure. HR.A is not aware of any individual sewage treatment system on the property. Buyer is responsible for all costs of rernoving any individual sewage treatment system that may be discovered on the Property. 401253v8 CBR RC125-321 5 � - � ! Section 3.11. Well Disclosure. HRA's knowledge of wells on the Property is disclosed '� in Exhibit D. ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS Section 4.1. Construction of Improvements. The Builder shall construct the Improvements on the Property in accordance with the Guidelines and the Construction Plans, shall cause the Improvements to meet or exceed the Minimum Market Value specified in Section 1.1, and shall maintain, preserve and keep the Improvements in good repair and condition. The Builder shall provide his or her proposed construction plans to the HRA for review; if the proposed construction plans are in conformity with this Agreement and the Guidelines, the HR.A will approve the Construction Plans following review and comment by the Homeowner. Section 4.2. Construction Plans. No building permit will be issued by the City unless the Building Plans are in conformity with the Guidelines, the Construction Plans, the Builder's Minimum Market Value, other requirements contained in this Agreement, and all local, state and federal regulations. The Builder 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 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 Builder 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 April l, 2014 ("Construction Completion Date"). All construction shall be in conformity with the approved Construction Plans and the Guidelines. Periodically during construction the Builder 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 Builder will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Builder and demand assurances from the Builder regarding the Builder'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 fhis Agreement. Section 4.4. Certificate of Comnletion. After notification by the Builder 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 o�the completion thereof. In the event that the HRA is satisfied with the construction, and upon closing on the sale of the Property to the Homeowner, the HRA shall furnish the Builder with a Certificate of Completion in the form attached hereto as Exhibit A. Such certification by the HRA shall be a conclusive determination 401253v8 CBR RC125-321 6 �y � � of satisfaction and termination of the agreements and covenants in this Agreement. Issuance of the Certificate of Completion sha11 also serve as a satisfaction of any obligation of Builder secured by the escrow account established under Section 5.1, and the cash in the escrow account will be released to the Builder. At the time a Certificate of Completion is issued, the HRA will also provide Builder with a $5,000 cash rebate if Builder has obtained Green Community Concepts certi�cation through LEED for Homes, Minnesota GreenStar, Minnesota. Green Cornmunities or Minnesota Green Path. If the HRA sha11 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 Builder with a written statement, indicating in adequate detail in what respects the Builder has failed to cornplete the Improvements in accordance with the provisions of this Agreement necessary, in the opinion of the HRA, for the Builder to take or perform in order to obtain such certification. Seetion 4.5. Failure to Construct. In the event that construction of the Improvernents 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. ARTICLE V. REDEVELOPMENT ASSISTANCE Section 5.1. Establishment of Cash Eserow. Builder acknowledges that although it is purchasing the Properiy at its fair market value as raw land, the HRA has incurred significant costs in acquiring and preparing the Properiy for development by Builder. At Closing, Builder will deliver to the HRA $10,000 to be placed in a non-interest bearing escrow account pursuant to the Escrow Agr�ernent, dat�d as of thz date hereof, between Builder 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 Builder if: (i) the Builder receives a Certificate of Completion; and (ii) the Builder is not otherwise in default of any of its obligations hereunder. If such have not occurred, an Event of Default shall be deemed to have occurred and the HRA may exercise its remedies under Section 8.2. ARTICLE VI. FINANCING Seetion 6.1. Financin6. HRA acknowledges that Builder has submitted evidence of financing for the Improvements in compliance with the provisions of Section 2.1(b) of this Agreement. Bwilder must notify HRA immediately of ariy changes to or withdrawal of the approved financing, HRA shall have 10 days to approve or disapprove changes in financing. If the HRA rejects a change in the approved financing or if the approved financing is withdrawn, the Builder shall have 30 days or such additional period of timz as the Builder may reasonably require from the date of the HRA's notification to submit evidence of financing satisfactory to the HRA. If the Builder fails to submit such evidence or fails to use due diligence in pursuing 401253v8 CBR RC125-321 7 � � � J financing, the HRA may terminate this Agreement and both parties sha11 be released frorn any further obligation or liability hereunder. Closing sha11 not take place until Builder has provided HRA with acceptable evidence of financing for construction of the Improvements. Section 6.2. Copv of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand to the Builder with respect to any Ev�nt of Dzfault by the Builder 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 the 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 Builder, 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 Builder. ARTICLE VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1. Renresentation as to Redevelobment. The Builder 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 Builder 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 rnade ava.ilable by the HRA for the purpose of making the Development possible, the quali�cation and identity of the Builder are of particular concern to the HRA. The Builder 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 representa.tions and undertakings of the Builder for the faithful performance of a11 undertakings and covenants agreed by the Builder to be performed. Section 7.2. Prohibition A�ainst Transfer of Pronertv and Assi�nment of A�reement. For the reasons set out in Section 7.1 of this Agreement,the Builder represents and agrees as follows: (a) Except as specifically allowed by this section, Builder has not made or created, and, prior to the issuance of the Certificate of Completion, Builder 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 Properry 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. (b) This provision shall not be deemed as preventing the Builder frorn entering into a Purchase Agreement for the sale of the Property to a Homeowner. (c) This provision does not prohibit eonveyances that are only by way of security for, and only for the purpose of obtaining financing necessary to enable the Builder or any successor 401253v8 CBR RC125-321 $ � �4� in interest to the Properiy, or any part thereof, to perform its obligations with respect to the Development under this Agreement, and any other purpose authorized by this Agreement. Any � Mortgage obtained by the Builder must be disclosed to the HRA, and must be subordinate to this Agreement. The Builder must provide the HRA with an address for the holder of the Mortgage for purposes of providing notices as may be required by this Agreement. 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 sha11 rnean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Builder to pay when due the payments required to be paid or secured under any.provision of this Agreem�nt; (b) Failure by the Builder to observe and substantially perform any covenant, condition, obligation or agreernent on its part to be observed or performed hereunder, including the time for such performance; (c) If the Builder shall admit in writing its inability to pay its debts generally as they become due, or sha11 file a petition in bankruptcy, or shall rnake an assignment for the benefit of its creditors, or sha11 consent to the appointment of a receiver of itself or of the whole or any substantial part of the Property; (d) If the Builder, on a petition in bankruptcy filed against it, be adjudicated as bankrupt, or a court of competent jurisdiction sha11 enter an order or decree appointing, without the consent of the Builder, a receiver of the Builder or of the whole or substantially all of its properly, or approve a petition filed against the Builder seeking reorganizatian or arrangement of the Builder under the federal bankruptcy laws, and such adjudication, order or decree sha11 not be vacated or set aside or stayed within 60 days frorn the date of entry thereof; or (e) If the Development 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 Builder as provided in 5ection 9.3 of this Agreement: (a) Suspend its performance undzr this Agreement until it receives assurances from the Builder, deemed reasonably adequate by the HRA, that the Builder will cure its default and continue its performance under this Agreement; 401253v8 CBRRC125-321 9 �V �,� (b) Cancel or rescind this Agreement; (c) Exercise its right under Section 8.3; (d) Withdraw a11 funds in the escrow account established in Section 5.1; (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 a:nd observance of any obligation, agreement, or covenant of the Builder under this Agreement; provided, however, that any exercise by the HRA of its rights or remedies hereunder sha11 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 holder of a Mortgage succeed by foreclosure of the Mortgage or deed in lieu thereof to the Builder's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the obligations of the Builder under this Agreement to the extent that the same have not therefore been performed by the Builder. Section 8.3. Revestin� Interest in HRA Unon Haupening of Event of Default Subsepuent to Convevance of Pronertv to Builder. In the evznt that subsequent to the closing or the sale of the Property to the Builder and prior to the issuance of the Certificate of Completion: (a) The Builder fails to begin construction of the Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; (b) The Builder, after commencement of the construction of the Improvements, defaults in or violates obligations with respect to the construction of the Improvements, 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 Builder or successor in interest fails to pay real estate taxes or assessments on the Properiy or any part thereof when due, or places thereon any encumbrance or lien unauthorized by this Agreement, or suffers any levy or atta.chment to be made, or any supplier's or mechanic's lien, or any other unauthorized encumbrance or lien to attach; (d) There is, in violation of Article VII of tivis Agreement, any transfer of the Property or any part thereof; or (e) The Builder fails to cornply with any of its covenants under this Agreement, then the HRA sha11 have the right upon 30 days' written notice to Builder and the Builder's failure to cure within such 30 days period, to re-enter and take possession of the Property and to terminate and revest in the HRA the interest of the Builder in the Property; provided, however, 401253v8 CBRRCi25-321 10 �� ✓ that such revestiture 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 authorized ' by this Agreement. Section 8.4. No Remedv Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available rzm�dy or remedies, but each and every such remedy sha11 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 Builder 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. 5ection 5.5. No Additional Waiver Imnlied bv 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; Renresentatives Not Individuallv 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 Builder, or any successor in interest, for any Event of Default by the HRA or for any amount which may become due to the Builder or successor or on any obligations under the tenns 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 fhis Agreement and binding on the Builder as though fully set forth herein. 5ection 9.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either pariy to the other sha11 be sufficiently given or delivered if it is sent by mail, postage prepared, return receipt . requested or deliv�red personally: 401253v8 CBRRCIZS-321 11 � � � � (a) As to the HRA: Richfield HRA Executive Director 6700 Portland Avenu� South Richfield,MN 55423 (b) As to the Builder: Endres Custom Homes,Inc. 15690 Duck Pond Way Apple Valley,MN 55124 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. Counternarts. This Agreement may be simultaneously executed in any number of counterparts, all of which sha11 constitute one and the same instruxnent. Section 9.5. Extensions. Any e�ension to the Closing Date andlor e�rtension to Construction Completion Date that exceeds 6 months from the da.te agreed to in Section 3.7 and 4.3, respectively, must be approved by the I�RA Board. HRA staff is authorized to extend the Closing Date to a date less than 6 months from the Closing Date agreed to rn Section 3.7 and e�end the Construction Completion Date to a date less than 6 months from the Construction Completion Date agreed to in 5ection 4.3. . IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and yeax first above written. [signature pages follow] 401253v8 CBR RC125-321 12 � � U Signature Page for HRA THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA By Its Chairperson By Its Executive Directar 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 Rich�eld, Minnesota, a public body corporate and politic under the laws of Minnesota, on behalf of the authority. Notary Public STATE OF NIINNESOTA ) ) SS COUNTY OF ) The foregoing instiument 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 401253v8 CBR RC125-321 13 �W �� I Signature Page for Builder Builder �� -�.. -��-� ___---.� -� By Its STATE OF NIINNESOTA ) ) SS COUNTY OF N2,�nv�e��n ) The foregoing instrument was acknowledged before me this $� day of c��'�uu�o�r , 20 t 3 , by D�sfin Gv��S , the �.fesiden�- of �d�^es C,�s+ow, t},�w►es , a under the laws of , on behalf of the Not Pu c . w t�s�d $�►�a,.�re o+�`.� ;�'"�'�'��.; , KELLY A GUT NOTARY PUBLIC-M�NNESOTA �'� `My Commission Expfres Jen.31,2018 �;�a....�� 401253v8 CBR RC125-321 14 .s/ � � o EXHIBIT A FORM OF CERTIFICATE OF CUMPLETION 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 , �led as Document No. (the "Contract") 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 TI� CITY RICHFIELD By: Its: Executive Director STATE OF MINNE50TA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 20_, by the Executive Director of the Housing and R�development Authority in and for th� 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 A-1 401253v8 CBR RC125-321 Is, -'�, � EXffiBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES L�T SALE PROGRAM REVISED: Apri123, 2013 401253v8 CBRRC125-321 B-1 `./ ' � � PROGRAMOBJECTIVES............................................................................................................................3 DEFINITIONS................................................................................................................................................3 PROGRAMBASICS.....................................................................................................................................3 APPLICATIONREQUIREMENTS................................................................................................................4 ADDITIONALREQUIREMENTS..................................................................................................................5 HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS..............................................................5 NewHouse Standards............................................................................................................................6 SiteStandards.........................................................................................................................................6 ConstructionRequirements..................................................................................................................6 GeneralStandards..................................................................................................................................7 GreenCommunity Concepts.................................................................................................................8 CITYREVIEW PROCEDURE.......................................................................................................................8 LOTSALE TO BUILDERIBUYER................................................................................................................9 PROGRAMMARKETING.............................................................................................................................9 DATAPRIVACY............................................................................................................................................9 B-2 4Q1253v8 CBR RCI25-321 � � �� 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 Applicanf: 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 spec�ied, may not put any sweat equity into the construction of the foundation, walUroof 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 Developmenfi 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 Communify Concepfs 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 Ruthority in and for the City of Richfield. Lof List: A listing of available lots for sale. Information regarding the lot location, size and sale price is providsd. III.Program Basics 1. HRA publishes a list of available vacant lots for purchase including sale price and development criteria. B-3 401253v8 CBR RC125-321 ��:�_ : �� 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 ta 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 , i 3. Blueprints I 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. 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 Liabilitywith Property Damage Protection. B-4 401253v8 CBR RC125-321 � " �� 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 architecturaVdesign 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.citvofrichfield.orq} 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 Redevelopm ent. 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 ta the Buyer, the Buyer will pay cash for the lot at closing and a$10,000 mortgage in favor of the HRA will be filed on the property. The mortgage will be in first position. The HRA may consider subordinating its interest in appropriate cases. 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. 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 fa�ade presentation, roof, window, siding and building line variability, finished tandscape, 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. B-5 401253v8 CBR RC125-321 �� 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. Twacar 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 landscapinq requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.ci.richfield.mn.us To the greatesf 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. C. Construction Requirements 1. Existing trees identified on the landscape plan as being preserved, must be protected during construction. A free wrap with board reinforcements shall be used an trees directly adjacent to active grading and construction areas. Damaged or destroyed trees must be replaced. Z. 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. B-6 401253v8 CBR RC125-321 .� 4 �� 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"sswer 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"donuY'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 #he 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 #he 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 shall 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 within the 1996 65+and/or 20b7 63-64 DNL contours. In cases where sound attenuation standards are required and an increase in costs can be documented, the HRA may consider a reduction in the price of the lot in an amount equal to 75 percent of the cost of sound attenuation measures up to a maximum of $7,500. 9. 1f 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, cooperate with the application. B-7 401253v8 CBR RC125-321 �� `� 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 ofi 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 HFtA staff in a pre- arranged 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. 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 fvr new applications. 5. HRA staff review application to ensure conforrnance 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. B-8 401253v8 CBRRC125-321 . '✓ j�� . �' 11. If approved, the Contractfor Private Redevelopment is executed bythe 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. Z. The HRA wilt 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 acquiring 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. 8. Upon completion of the project, 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. IX. Program Marketing Richfield Rediscovered program marketing is entirely at the discretion of the HRA. It may include the following: 1. Buyer Solicita�ion. 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 al! 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-9 4U 1253v8 CBR RC125-321 �' � EXHIBIT C QUIT CLAIM DEED '� STATE DEED TAX DLTE HEREON: $ Date: FOR VALUABLE CONSIDERATION, Housing and Redevelapment 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 , a under the laws of the State of , 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 Private 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 provides that the Grantee's rights and interest in the real property described above are subject to the Grantor's right to re-enter and revest in Grantor title to the Property under conditions specified therein, including but mot 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 rnore space is needed, continue on back) together with all hereditaments and appurtenances. ❑The Seller certifies that the seller does not know of any we11s on the described real properiy. ❑A we11 discloswe 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 properry have not changed since the last previously filed well disclosure certificate. HOUSING AND REDEVELOPME�VT AUTHORITY INAND FOR THE CIT'Y OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director G1 401253v8 CBRRC125-321 � ✓ J � 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 RAKJ SIGNATURE OF PERSON TAKING ACKNaWLEDGMENT 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 NQTARIAL 5TAMP OR 5EAL(OR OTHER TITLE OR RAI� Check here if part or all of the land is Registered(Torrens)❑ T� 5tatements 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 401253v8 CBR RC125-321 �! �� EXffiBIT D WELL DISCLOSURE ❑ The Seller certifies that the seller does not know of any wells on the described real property. ❑ A well disclosure cerkificate 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. D-1 401253v8 CBR RC 125-3 21 � ✓' ;�,J�..*' ��i��x� r� � � w � s o � �► c��i��s�� .�.��s�� sg.��,��c� ��F�-c��s �a�-z�i��saor�a-�s�-�sos �� ar�� tiss+*,,u.he�t€h.s€ate.mn.u,rrtrir`��elr�fds '��°ELI.DIS�L�SI.£RE�T.�TE341E\T �rior t�a�i�.g�u��s.��;u�a#to��il c�r tsar�f�r��1}�rc��c�C-Cy,��s�E��°�au�i a�i��s elisclras�i�i��ritin�t u��3� dis�lcas�.�'�stat�u�xtt�th�1c�cat�o��td st�#�ss��vell st�tus d��'i�t�d b�lxi��crf aIl��°ells can tlY��ai�es�t3•t�s tl�e�tiyer, �elra��i�ith t�Ze Iegal d�seri�+uau ancl countv�af tlae p��Pt€t,�,�ad�sk�#c�g it��.sha��in�th�1oc�tiu�of�ach��It o�x a�c�ic�te tli�re ar�a�o��ells��3 t1��prap�s't�. '��ELL�I�C.'L�35U7:2E CER�'IFI��I'E A��3elt�i;sci4s�cre Cerfificate is r�q�a�ired to��ft�d ivl�en thet•e�i•c��ells�n t�e�i opeta�ts. • �t�e tin�e of cic�s��,tli�a3��11 disclos�ue stat�u�t i�:tr,aurati�+�.�c�ng«-i#lt t��prrs�t�buyer's nan��<�uad au�itiu�atic�e��.�iu�t 1s�provicicd o�t a t�t'c1.f.Y I�i3clo.s�ic�e�ca�tifica�c��r'D�"�fcx�ii.��cu 3�ecdi•di:c�g�cTrcd vr ' otl�er i1z.s�r�s�nt of ccsuvey�ncs r�q�tiirita�a Certific�t�c�f Re�1 Esta��-�lue(�R'�'�.��cs�7�l�terl'I�+C iu�xst 1�e #iled a�:ith the cc�zzut5�rzcurder,inclexdi�a S50 fet p�y:�T�t�t�;t2��cc��uzt�r r��rd�r: s �f t�iere is�p�ez°ious4�f�led��C�nd t�i�u�uuber c��ells�idra�a t2i�svz11 st��ta��fi�a�cl��d.�n��,�-1�i��`��zst b��it�d.I'cati�y se�icl�fe+r pre�-inu�l�f7iec��t�t: ��-�+�her�I��,��te.fin�i.ias��tivs��k�'�=e�l.s��lisc�o�r�r�ss,a'd�cic�rrner,.�t�r�t s If tl��n�a�xber��icl statu.��af�i=�ils on t�ie grtsp�rt�re��ia cmel�uged�ince#he�.n•e�ioaisly.�t�zii��DC,:��tateui�t ni��si be�l�cer�_on the�le�d car��I3�i�s6�titu�ena�f�oiz�e�az�se t��a�re�dw `I atn f'nmi�ia�•:x�ith t�e pro��€�tt; r�esr.rz�ie.c�zt�this instrrs�rrea�at c�rx�l I e�fxi,fti thct�rl�e s#utrls�ra�7 tt��rt�ber-v,f�}�e�fs ort:�h�c�ese��bed rea�pr•a�erty�tntire not c3rcrr�ged siai��tJ�e last pr°��ozrsly�Ier�ss>�11 d`isct'�satt�ee��ti,fu}r�te."Tlti��t�nie�t.�it�st 1�e certi�ied ti��#l�e bccy�r c�r�eller�ud nc��VBC is requu�e€�, if tLere aa•e no�ells on;the grogez�Cs•,a'��`ell I)isclo:t�tre Cerfifica�e�s n�tt required to be filed.Fio�ti�e��.tli� S�It�s�uust cei°tify a�t�t�aen�ra�t tl��cteed�af•c�tl�er ins#i�u�es�t ot e.��eyance t��at re�da "T'}re Seller cer�fies th�rt tl�e S�f��::r•r��es n+�r la�m��a,�an�'z+�e.tts ata t��rlescrzb�r�real�ro�r�v." I?�STR�T�TI+��S�'()R C1��PLE�`I,��THE��'ELL I)IS�Lfl�L'R�CERIII.�TC�,TE r'�$�4 f��uxus�l�i�ciu�led�vl�u��3s�nit#in�t ilu�€s��#o th�ctxu�ty rea:.ard�r's off�.ce.�fe�is to t�e}�id�iy th� � btTy-er�r p�sou fils`n�th�e3�ed.Plea�e�k�th��c��y�l�le tc�#ia�Crnuity R�cortter,��apy c�f t�is�C s��i�ld i�e}n�o�ided rv t�e�rcr��ty btiyer�€t�e ti�ie mf�Ic�si��. PRf3PER`I`I�,B�.�I'ER,�"�'D�EI�LE�€�'FC1�1�1TIf.�lti �1. FRt�PEI�1`Y LfJE'�1TIQ�ti L:EGAL IA��RIP"TIOi�-Prciz�s3�tlze cc��styii�,u�:`��g�atted'a snaie�az3d h��u�desc:�ipti��e[vn�q��v�ter se�ic��is��uit��j��°gQ��riutnez�:t lot;5e�tic�n,:foti�ct�ig,aud r�t�� uuux��rr'1;an�=s�r`�alattecl"�lat niuni�r au�ti.�T��L�C�,:iTLtfli�Y,and a�lditiof�r�am��:p��y streei acldress�if a}��i�$lal��.an�t city�#�is is#lie physic�il locati.a��uf t�ie pro�e��tv z�,ot the�r�ilu��ac�ressj:gr�p�rty ID t�uiu�a�r�r g�rcel��uuber�opttu��f�.�tt�c��fi�z�i�l�t�te�l d�crs�tao�of the pragerc}F: B, PRt}PERT3�BL?�t'ER�IAILi'�v`��13DItESS:��'TE�CLQ�I�`G-Pao��id�tlie buy�:r'��iii s�n�e(c�t• ec�rnpany n��if tstzyer is a c�s�xagany�;�I�d�ress.�id�ah��nuu�nbes{iraci�id��e�+rea c�de).H�s��r�tv u�elE�de �c�rs�I�te�ai�u�s�t?�r��.If tta�pr+�pea�€yy is j�iu#1y e��ed,pso��id�tl��ruuu��d cau�let��.�ailintr��s+�f t�e�s�nEact}aer5ca�. Sel�e�•'s�ame—Pl�as��.�rosTir�e t€��na:tie��the;el�er�x�spaee p��-ided{gleas�grrint). D-2 401253v8 C$R RC125-321 �� %�� . CERTTFI�C`�.TiQ:ti BY�ELLEIt-�35�seI1�r�c��e.s��aatei�r��?res��t�ti�e�s�ttv�cicl si�u tktas e�rzifi�ate befc�re it is 4ubrtuE�ed t+a tlie co�ty res:or��i�"s o�ice,Tf th��elter is izn�hie�o si�.z the dc��n��r.�t,tlte 1��yer{c�r desi�zated �re��uta�•�;�it��y�i�t t�e certzfic�i�b�fe�r�€t is��:��n�itte�=i tn z��coauaty z��c�rc�er's�$iee, Tf> GERTI�IC�TIC#�:8�'BL`i�'ER-It th�s�l�c�is iu�b�e t�sign tla�dociu��t.�e buy�r�c�r d�i�zi�i�d �•�pre��a�is�e�u�tg`si�ss�the e�a�fieate bef�r�it is st�bzaai�t�d tc��ae�cout�t�i�c�rd�r`s ot�ie�.��ere d�ds�r� �'rv�ci a��i.��i�Il�iez�t�f a Con#r,�ct for ll�d tli.�tT��nust�e si�n��.�y the�u��er c?r i1��y�ers�m a�,ihurize�to act�sa b��tlf af the i�uver. �igns��a�re R�*qtti��d-T��r�na��st b�z�t lea�t o�z si�.�itu•e an fl;e c�rr�is#i�atz. �'4'ELI:T�`FQR'�:I�:°TTU"� E. 4�EI:L L�3��.TIO�LEG�L:i)E�C:RtP'I'It�'�'-�or e:�cl��'e111�ring disriosed t2��£�llc��=i�i�?physi�al I�c�t's�n isxfcrruiatton is rea�t�irz�: s �o�u�ty��nze,qt�fu#iIa(aue q�ter se�tiu�i�r�quireet�.s�tt��.�,ta��aship,�nd rau�e��cuut�er;a��'or • c�u�s�^s�ie,:+�t-��s�t l�t,s�cti�.t��bip,�sad��a��ui�txr:a�d;'�r a co�a�ty�sn�.t�#x��i��r��.ior bl��;.�.tauiher.�ut�ddi��n�at�e ��LL ST.�TL'S��'�}�'�fATI��-I�.vdieate the stanas of e��z�t•�Il:+[;t�c�ek ouri�r+n�bos. In�se->?��l,i�"in us�"if tP�z��I�i�opeF�ted a�fi�ci��il�,ies��i�+r.��season�l t��sis:A��e11"ssx eFSe"i�elude�a �a tl�tl��erat�s far t��p�.rrp�se�f itx�g�a#i�u,f�ae}�rot�:ticna:ar enaer�eucv�a�.u�gai��. �ot ia L=:se-A��-�I2 is"uot in t�s�"if`tlie�s-ell do�s��c�t ii;eet#lze d�fii�itian�f"i��azse"a�ioct�nd�as xis�t beex�s�a.le�I by a�i�eus�d��ell ecautt��t�r. s �f i�e��II is"nat i�x a�se,"is€I��r��1411i�u�es�ta I��tu��t�#He�,t��11�H)��ri�e�f�sr tl7is t�ell;?Pt��se pre��ic�e tlze�ari�u�c�tr�c��t�;s��an�t�f{�.�.ifir.n4�s'n. • If�e s�ti e�is`"a�at�a��s�,"is�er�au:I��iu�iuten�rtce pei�t feu•�s�vell�?Please pres�7c��the pe��i€ntu��ber, if I�r,�,�;n; Senled-��elt is"se��ti''if x licens�t#c�re�l��n�actai f�a��ca��il�tely�i11e�F a�s.e�I l�y pr�u�ins grca��t auatei�ial t��.��3�rt the ef€tire��IF�i��re�re�;�l of any�st��.�ctia�s fmsu t`��eli.�1�ell aud$c�ri�zs Sc�lia��ec�s�•d f�3i�st L�z c��fil��it1Y c��ivtl3H.:Contact t3��rii7l�ta��tYfy if�s��li��rec�rd is an�I�..�,.��-�I1 is"c��pe�t"if it�s a zu�t�al or pl�stic eap nr ca�-e�•�-#sic�i is the eaded.bottetl,�+r xvelded crn#a#li�t�ap�#t�e tr�I2 fa pre�-�a�i enhy isaEo the za��ll. �``cagped"�-elI is uvf;t�`sealed"�e�i. Tm�orta�t�1�ell Status I�oz•matl��: • TIY�iv�H a��ill#'c�Ilo�u-u�a�uiC�the pr�}�ei�t�€t��:k�er reauc��y�v�iis�iscios��as"'u�t sn us�.'"T€a��re11 is`.�t iu use."t3i��ropzs�c+��z�r ssia.a�t eith�r ret��+rt�t3ra we11 to"u�us�."1��-�the��-ell"�e�zled"bv�liceaased��II coutt�eto�,ur obt�in�umit�sn��nteu�ce�er�nit�t�cta�.t�te MDH#Qr$1�:5. � ��i�zf�u�e�r�nit��c�t t�ausfer�ble.If��°�dl is`'iu asse."�nia%nt�n�nce}�en�it is nc�t r�qc�i�ed, s If��It lxas la��"s�<ei�d`'b��ua��eoiae�ath�r#hai��i�i��5ecl u�e�I_co�t��ectc�r c�r a iiceus�rl�ell�al%�� c�r�aricx,c�ecic tlxe�c�eil sf�tcis�s'`s�ot i�a�se," �lci�di#ianat��13 Iuforms��iou_Pra��ir.�tl�e foti��-i�x�fanx�tio�,s`f�o�tv�si: �i�ut��T.7�i�u��Vell;vi�ti��•c?� S��etin�It��ar�?�Tnani3er.dr�te o�t�-e�i conist�iicti��:nr s��lin_.at�d s�sn�of Ii��ns�c��v�41�oa�tr�ctcs��. '�I�T��i�1IAF-C��uplete th��ete�i n�g�es ins�trtacted�n the�{'D�:`i'�a.e tocarioa a��ae��vel1 uiu5t kt�i�dicatzrl. I£ilxe l��tic��t of a�v�ll zs r�ot i��o�vn,lt�y�tlie�.�=�ll lac�tec�1��a p��t t�ta�Iifxed t�a Ioez�t��ells.s��s.ti a��li��sed ��ll ec�tract�ar. �f�c�u I��q��stiaus.��se c�a�t��t c��e�Ii3�i t�Ve�l IvI�ua��an�ut S�ciier�a�t b51-�f�1-4��'or�Q{�-3�3-98t�5. fia r�c��ie�t tla.i�dc�c�u�enz��n�t1�.r f�nx�t.�a�l�i�I-.3fli-�6t7�.I3za£�nc�h�rc�-uf I�e�'ir�.2: TT`�'6�1-°�01-�'��7. L:isi�t�i�h{ID�€�T�11 Itflan��z�sseaat�ecti��i.��ell�is�:l�,��re P��z'an��ebsit�at: ��v��.�z+�atth.stcrte.mn.��sf�ivsfe3t��ellsl��scl�srer•es: D-3 401253v8 CBR RC125-321 � ✓ "s;�'� ta��r�r>s�ca:��.� �m�t.s�o��.r l�Ii`��'ESt3T�T�EP�T�3�4T fl�F HE_�T°H t��Il 1bf;+nagemeQt Seetioa,P.t3.Bax G49?5,�t.Pa�L 3vlituiesota 5�*f tr1-{DS7� G�I=�(f1-�sfi'l or 8(tU-383-48�1� �1fE,LL I�ISC'LCiS�'R�['EI'i3'IFtt`�'I'E PZEtf�T}�'�E7R 1'RI�'T'�I.L 1;4'�'t7R�L•�T'�t7}'� Persran 5iui�de�d ntust inetucEe��St�fee ayal�Te t�a the eotuttY z�c�rcter_ �#.. FRt3PERTY LQC�TIt)`�;LEG�:L DES["RIPTIU� Attart�a leg�I d�scr'rpEi�n uf t�ie pr�a�rty. �'ounr Section No. Ta��hip I�to. F�w:�e N�. C�,�utrs(or f�mveraua�z�I.axj Nen��i� I,�cl�a�s�. Blc+rk�To. r�stditicm�une �utiot fisacti pr�'S�t A.diires.�s Ci�yy?°T��nship �Crrde Pr�erty�?s`3ct.tFascel N�.(opti�n�t� RiCh#ield ��4�3 B. PRt�FERT1'BL'�tER 1�L#�IL�ti��,11DRE��I"ER['L+�SI�G First I`:� �tid,di�iazi#i�t Last idus�e �c�rx��uzv Ik�ue(ifap�ali�i�le) Mailiaeg 1�ldctress �'fai}sng.tic�k�ss City atate,'�rozince 7rIP�`txk T'eleplm��ficz_{sucluclutg€:rea cod�� y��t s�� Nousing ar�d R�clev�lo��ent At�thority in and f�r#he City�f Richfietsi C. �EI�T�T�,P,�It]:��SEI.,LER I e�rCify tls�t the iuf�+rmation pratiided cm flvs certificatte is aecurate�nd cafnptet�to the best of my kncaculedgr. Szgnatur�of 4elter�r I7esigzsa#eci R�r�seu�ti��e c,f Selfer i)ate D, CERZ�F'i�'A'TIO;'"�B�t$L'3�ER F+�r fi�l�illntent c�f a c€>nihitct far deec� tlie bc�er:or gQrs�n a�t�t�tized tc�aet can 6�atf of the liuY�r,a:uust:sigu a�'ell l}is�ciastt�ree�:�rtificatr if fhere is�we13 04 the}srope�. Iu#he at�s�uce of�se�ler's st�uatur�,t}ie buy=er,or p�rsan au#l�oriz�s�to act r�bei�a;tf of tlze'bu}Fer�ay sig�iltis W�l Di�clos�re G�fic.ate.�€a signal��s r�c�u�red by the bugFer if the se�er}�s signed a�v�: ��ed on disciasux•e istformatic�n grvvided to uie by#he seller ur other a��ilat�le tuf4rsus�tivu,I cert�"v t�rat#he iuforuiatio� �n�thi.s cer�ificate is accur�te asr�eax��ptete tc+tlre best t�f iny knowlettge. ��a`i�zt�rre+�f Buyer ar Iksi�t�c#Repseserstatic�ef$€�ves �� I1�P+CtRT�"1��'�t?TE: "The�riinr�esota D�axtrnent af He�lth�EI}I�j wiil�'ollc,�c-t�p ti��ith t��prop�btiyer r�ar`d`rug �ny�uells discl�ss�ct as g�+t in v,se.If a w�12�s r�rt iB us�,t��psoges'ty�tvnes�tu,sf either rs�:un tl�e well t�u��,�ave#he �ve�:seal�d by a 1ic�nsed�e11 contractar..ar obta�a an�nnuai m�ui#enance�ern�it frc+n�the I�i13H ftar$175.A capy of##u� I&'�I�Discl�rsure Certifieat�sl�vt�ld�e prnk�id�d tc�#�e pr�pes°l��rei�er at�e time of etos'ing. D-4 401253v8 CBR RC125-321 �� w ��l�'ESQTA T>EP_4RT'�fE�,'T+C?F IiE�I.:T'H Inc3icat��`�tai Nuiu�ier uf �►YEI.:L I)T��:LC#SL'RE C'ERTIY IGATE �e�Is rrn Peopesty PLE.�SE T�'PP�UR 1'RZN'!'�LL.�t►�'t3R��T'IC3�� p x ar t �'iI�out�s�a�t��-ell infai��ti�n�€��e if�ore tl��i��4 w��are Ic�cat�cl a��l�e��•a�erty. �. t�'ELL I,QC'A'TI(3:4 IfEG�i,I)E��RIPTIE�� T�'ELL�T—If ihe�nv�esry Icgat dc�p�icu�has�r�than;o�e sectio�,�u�p=ar zange nir,mbe€;q»r(ar goi�n�tt I�i3:;c�r Ir�t ar€iiocic�t�miber= roti�te �fic la ai cte��cs�i �ian iafarm��#ion re �� ihe hvsic2�l k�cati#ni rs�tliis'evell. C'ow�ty Secticaal�o. To�unship�To. Range No. L��rt�r for Cseue��ent Lcrt) t F�f.'t��?1t i t.ot No. Block�+ta. A�idifion�taube C7satlot. Tract M��Jniqc�t?Gxell�'o,or Sealii� Rec�-d i+To. 1�'�T.L ST:�'I`L'��Cfxeck omly r�e box} L}at�of Weli Gan�tt�crioa or tt'EI.L IS: ❑ In L3se�1� ❑ i+Iot iu Use{y} � �e�ted by Liceused Wal!Coutcxctar('S)"` ��€ *G`aB�tT trt rsiafi-sealing xrcnrd is a�i�r. :�Ia�of I,ic��sed�eII Coswca�mr If�he K eit�as been sealecf b1 son�one atthec than a'licensee2 t�e�3 cautr.�etor or a:lic�ed we11 seafiu¢ cvetFractor.c2ieel�the t�-ell statu�as swt inuse. ,rilsso sae"L�QR'PA.�VT'�iC)1'E"on e I. E2 svel!i�not an�t�.�there an N1l7H i aaa��ce far d�s wel�`' If ihz�il is not in use,is there an.A+IDH enaia[cnaaue pemut for ❑ 'Y�s ❑ I!�€o tltis we,t�? ❑ Y'es ❑ � �#'yes,pro�YC1e thz variancr track�ng n�uztt�er('T�'j If p�s,lxovi+;�e tizr grruvit nuuabet TTY�ZL��_.I##t�prtrpErcy Fe�nl descrigtio�}►as more tl�a�one:�cti�n,.to�s�asiup,cuar�rnstga n�;:quarter�ar��errutrnt Iot�;ar isat s�t�1de1:m�a�':. �eir s �fsc lraal<#�si ti�ain�'iisa�arioa re <iin the h.'ca3 iracatiou vf thi�c�,�ell. �� Seccion I`�'a. Tot�n�ip$tiTo. �a 13ki. Qtuarter�or�ve�t Lt,t) Lot I+io. Blocic�+to. �itirn►�7ame C?�it2cat T'ract iVil�Unique'W�ll I4'o�or�ataug F�ct�rd Nt+. l`�LL ST�T['S{Check anlv one�) Date of L�'etl't`os�suuction or 4G'ELL IS: ❑ Fu tls�(17 [� I�Fot iun 1f3sc C'='} ❑ Sealcrt by L•itensed�vcTl Cau��etar�3}� ��`en�ng �Ca1133�DS to irorlft u�ling reeord is an fik. Naxne c�f Lscensed�'eli Coatr�tor If dzt�eit hts b�eu sealed ts�sosueone s��er tfi.�tn a li�msed nm11 coutraetor at a lices�s�d n�eYl sealing fiantr�c#or.ckeck t'he w�e�f sta€us as nat in use. ?liso see`:�4SPU�T4i'�+a'F Pi€3TE"oa e I. If wc1l is aat ia u�,�s�ere an 3�ID'�i i��ri�sssce f�r�Iris�ve3}? If the ue�fF is nat iu use;�s t�ere�2vII?H m�r�nfi�iue�sercnit for � Ye.s ❑ �8 rhis we13? ❑ Yes ❑ 3�a Ifyc�;pmc�de#he��rianc�traekingauxuber{'i'i'�T} F�'yes,groti-�de the permit ssuiube�r SKETC'H�L�P—Sketch the ic�c:ati�n ofttt�we11�s)a�d i�lude es�ix�ated dist�oces�osm r�ds,stceers,a�ud b�dings.If mnre t�aan ane��•eli au gropertv,use#Le tteit Z�rcatio�auml��atruce te�enti€t'each�tgll.Tite It�acion o€the a��eTl(s�ms�st be pror�ided if tl�e lacativu o#'a�vr11 u no#kknaowm.I�V-r 11�e wei�i4acate€�?�a pcason qualifieB to locate�el�s,snch as a ticensed we11 c�satractor. Inf'errmatiau ps�c^iaied aaa this�Onu s�classifi�d as public ir�€oixa�ai�aII iuu�'�3isvsesota�tat�ues,L'hr�pter 13. To a�zgues�c this ciaccunent ia anather f+vsznat,ca31651�i)2-46�:Deaf attd�ard-of-Leariag: 'ITY 55i-�42-�797. �%fsi�tSs�MDH�eS2 M.�aagem�xt�ec#zoa,R'el!I?isclosuce Pro�rm�veb�it�at xsr�u:henith.srata.tr�r:za�a'z�;sleF�hreldsf�%cPasu��s. fiE-U2387-12 I�?�i�t?�38� migs`•.�eit discl�re ccst�fscate-fust�vctious 7,"?l.�`�(311R D-5 401253v8 CBR RC125-321 t � � � �� 1 � 14th �v�nu� �out �. � r ��, � , ��' .� _ d � � ��' � r , 4�.,,,�eY � y �_ � � � )._: _� 1� s ,�- __ " . ,� � � _ � •: ��7�¢� • - �; " . --- � �_ �_ s= _ � r.- .. �� 7� _ �` � �` - '.� r, ... . . . . ..e. . � _ t . _ - _ -.�-- - ... - � �: . �� - .� �� -.� �� ti ,_�, . , . �- �� 4 � - ��. � � � _` '� i = � � , � F � = �� _ -� ��- ,�� '� � �£Y _ Y �� - �;; � �, � � �. _ �� :� � �..�� . _- ,� ,-� . - , �� , ; : ;y _ � -� ' �� `� '� -- - —-"w'£e. . �. -�.�� - �� -- -� AGENDA ITEM#: 6 REPORT#: 50 STAFF REPORT i HOUSING AND REDEVELOPMENT AUTHORITY MEETING OCTOBER 21, 2013 REPORT PREPARED BY: KATE AITCHISON, HOUSING SPECIALIST NAME,T/TLE REPORT PRESENTER: ��N BARTON,ASSISTANT CONIMUNITY DEVELOPMENT DIRECTOR AA TITLE ACTING DEPARTMENT DIRECTOR REVIEW: �� SIGN UXE REVIEWED BY EXECUTNE DIRECTOR: � ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7427 Pillsbury Avenue to Brandl/Anderson Homes Inc., and a Contract for Private Development with Brandl/Anderson Homes Inc. for the construction of a single family home under the Richfield Rediscovered Pro ram. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: 1. Approve a resolution authorizing the sale of 7427 Pillsbury Avenue to Brandl/Anderson Homes, Inc. and; 2. Authorize execution of a Contract for Private Development with Brandl/Anderson Homes, Inc. for the development of a single famil home under the Richfield Rediscovered Pro ram. II. EXECUTIVE SUMMARY Brandl/Anderson Homes, Inc. has submitted an application to build a new single- family home at 7427 Pillsbury Avenue as part of the Richfield Rediscovered Program. They are proposing to construct a two-story home with four bedrooms and three baths. The home will also have an attached three-car garage, with two of the stalls tandem-style. The home will be approximately 2,773 square feet, with an end- value of$370,000. 10212013 RR Contract 7427 Pillsbury(Brandl/Anderson).docx III. BASIS OF RECOMMENDATION A. BACKGROUND • The Housing and Redevelopment Authority (HRA) purchased 7427 Pillsbury Avenue from Hennepin County in April 2013. The property was available through the tax forFeiture process. • The existing home was abated and will be demolished this Fall/Winter. B. 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 four-bedroom, owner-occupied house designed for a family. • The project meets the Housing Design and Site Development Criteria, as defined in Exhibit B of the Contract for Private Redevelopment. C. CRITICAL TIMING ISSUES • Because the lot was purchased through tax forFeiture, a Quiet Title action is necessary to provide a clear title. That process has begun and is likely to conclude in January 2014. The Builder has the option of closing on the property with a Letter of Understanding or waiting until the Quiet Title process is complete. • Per the Contract for Private Development, the house construction must be completed by July 1, 2014. • A provision has been added to all Richfield Rediscovered contracts authorizing staff the ability to grant an extension to these deadlines for a period up to six months. D. FlrraNClaL • The HRA acquired the property in April 2013 for $78,358. • The appraised value of the property as a vacant lot is $55,000. • Under the terms of the Contract, the $55,000 will be due at closing. • The Builder proposes to build the house to achieve MnGreen Path certification. If the certification is obtained, the Builder will qualify for a $5,000 credit. • Under the terms of the Contract, the minimum market value of the house will be $370,000 • Under the terms of the Contract, the Builder must submit a $10,000 cash escrow to be held until construction is completed as provided in the Contract. E. LEGAL • The HRA Attorney has prepared the Contract for Private Development. • The HRA Attorney has commenced the Quiet Titie action to provide a clear title to the Buyer. • Notice of the public hearing was published in the Sun-Current on October 10, 2013. Mailed notice was sent as a courtesy to property owners within 350 feet. IV. ALTERNATIVE RECOMMENDATION(S� • Amend the Contract for Private Development and direct staff to work with the Builder to revise the proposal. • Do not execute the Contract for Private Development. V. ATTACHMENTS • Resolution • Site Plan • Elevations and FloorPlans • Contract for Private Development • Photo of Property VI. PRINCIPAL PARTIES EXPECTED AT MEETING • Scott Ervin, Brandl/Anderson Homes, Inc. � n _ (lX HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7427 PILLSBURY AVENUE TO BRANDL/ANDERSON 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: 7427Pillsbury Avenue Legal: Lot 012, Block 003 "Nicollet View Gardens", City of Richfield WHEREAS, the HRA is authorized to sell real property within its area of operation after a public hearing; and WHEREAS, the purchaser of the described property has been identified Brandl/Anderson Homes, Inc., and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 7427 Pillsbury Avenue is $55,000.00 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 7427 Pillsbury Avenue is authorized to be sold for $55,000.00 to Brandl/Anderson Homes, Inc.; 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 Builder. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 21 st day of October, 2013. Steven J. Quam, Acting Chair ATTEST: Doris Rubenstein, Sectary � ' � C��r�'/ � �� , � a� � � i � � � � `,�� i � � y ' , � r v � � � \ �• � "',°�-� � � � � � . . � � � � '� � -� � . , � � � � � ' � � � ► - � I �- � �s � �°� � �� } � � ; � ` - � � � � . : • �� z . a , • 6 ABPHALT SHINGLES �� ASPHALT H {��VI E,.S-. 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CONTRACT FOR PRIVATE DEVELOPMENT Between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR TI3E CITY OF RICHFIELD and BrandUAnderson Homes,Inc. for property located at 7427 Pillsbury Avenue South,Richfield MN This Instrument Drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Rich�eld,Minnesota 55423 Telephone: (612) 861-9760 401253v8 CBRRC125-65 � v� CONTRACT FOR PRIVATE DEVELOPMENT TffiS 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 BrandUAnderson Homes, Inc. (Builder). WITNESSETH: WHEREAS, the City of Richfield (City) and the HRA have pre�iously created and established a Redevelopment Project (Project) pursuant to the authority granted in Minnesota Statutes, Sections 469.001 through 469.047(collectively,the Act); and WH�REAS, pursuant to the Act, the City and the HRA have previously adopted a redevelopment plan for the Project(Redevelopment Plan);and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly to rnake 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 Builder 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 beeti 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 Builder, 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 l�is Agreement, the following terms have the meaning given below unless the context clearly requires otherwise: Building Plans. Detailed plans for the Improvements to be constructed on the Property, as required by the local building official for issuance of a building permit. I 401253v8 CBR RC 125-6� I 1 �"C� Constructian 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 Lot Sale Program, revised April 23,2013 and attached as Exhibit B to this Agreement. Homeowner. The individuals purchasing the Property from Builder and who will be living in the home following purchase. Improvements. Each and all of the structures and site improvements constructed on the Property by the Builder, as specified in the Construction Plans to be approved by the HRA. Minimum Market Value. $370,000, which is the minimum market value for the land and Improvements as confirmed by the Hennepin Caunty Assessor. Mortgage. A mortgage obtained by the Builder from a third party lender in accordance with Section 7.2 of this Agreement. Pro er . The real property legally described as: Lot 012,Block 003,"Nicollet View Gardens"City of Richfield,Hennepin County Located on land having a street address of: 7427 Pillsbury Ave S Unavoidable Delavs. Delays which are the direct result of strikes, labor troubles, fire or other casualty to the Improvements, litigation commenced by third parties which results in delays or acts of any federal, state or local government, except tllose contemplated by this Agreement, which are beyond the control of the Builder. Section 1.2. Exhibits. The following E�ibits are attached to and by refer�nce made a par�of this Agreement: A. Form of Certificate of Completion B. Program Guidelines—Lot Sale Program C. Form of Quit Claim Deed 401253v8 CBR RC 125-65 2 � e � � 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 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 UNDERTAHINGS Section 2.1. Bv the Builder. The Builder makes the following representations and undertakings: (a) The Builder 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 Builder has the necessary equity capital or has obtained commitments for financing necessary for construction of the Improvements; (c) The Builder will construct the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations; (d) The Builder 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; (e) The plans for the Improvements have been prepared by a qualified draftsperson or architect; and (fl The Builder has read and understands the Guidelines and agrees to be bound by them. 401253v8 CBRRC125-65 � J ��= i � Section 2.2. Bv 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 Builder and will cooperate with the efforts of the Builder 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 BUILDER Section 3.1. Purchase of Propertv bv Builder. The HRA agrees to sell the Property to Builder and the Builder agrees to purchase the Property from the HRA in an "as-is" condition. The sale of the Property is contingent upon the Builder providing the HRA with evidence satisfactory to the HRA that Builder has entered into a binding legal commitment, in the fonn of a Purchase Agreement for the resale of the Property to a Homeowner following completion of the Improvements. The HRA agrees to convey the Property to the Builder by Quit Claim Deed in the general form of Exhibit C. The HRA's deed to the Builder will contain the right of reverter required in Section 8.3. The purchase price for the Property, payable at Closing, will be $55,000.00 ("Purchase Price"). Section 3.2. Title and Examination. As soon as reasonably possible after execution of this Contract for Private 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 Builder or to Builder's designated title service provider; and (b} Builder shall obtain the title evidence determined necessary or desirable by Builder or Builder's lender, including but not limited to title searches, title examinations, abstracting, a title insurance commitment or an attorney's title opinion, at Builder's selection and cost, and provide a copy to the HRA. The Builder 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 effect a cure; provided, howei�er, that tlie I�'�^ shall have no obligation to cure any objections, and may inform Builder of��ach. The Builder may then elect to close notwithstanding the uncured objections or declare this Agreement null and void, and the parties will thereby be released frorn any further obligation hereunder. 401253v8 CBR RC 125-65 4 �✓i � Section 3.3. Taxes and Special Assessments. Real estate taxes and installments of special assessments will be prorated between the HRA and Builder as of the date of closing. i Section 3.4. Soil Conditions and Hazardous Wastes. The Builder acknowledges that the HRE1 makes no representations or warranties as to the conditions of the soils on the Property, its fitness for the construction of improvements or any other purpose for which the Builder 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 Builder 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 Builder. Builder will comply with all of the provisions 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 Project is in all respects in full compliance with the provisions of the Guidelines contained in Exhibit B. It is anticipated that the Builder will involve the Homeowner in the various activities required under the Guidelines so that the Homeowner will have an opportunity to contribute suggestions concerning development of the Property. Section 3.7. Closing. Closing must take place on or before March l, 2014, ("Closing Date") or such other date as may be agreed to by the Builder and HRA in writing. At Closing, the Builder will provide the HRA with a cash deposit for the escrow account established pursuant to Section 5.1, in addition to the Purchase Price. Section 3.8. Closing Costs. The Builder will pay: (a)the closing fees charged by its title insurance company or other closing agent, if any, utilized to close the transaction for Builder; (b)title services chosen by Builder pursuant to Section 3.2 above,including the premium for title inst�rance policy, if any, and(c)the recording fees for the Contract for Private Development and the deed transferring title to the Builder. HRA will pay all other fees normally paid by sellers, including (a) any transfer taxes, 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. Section 3.9. Sewer and Water. HRA warrants that city water is available at the lot line and city sewer is available at the curb. Section 3.10. IS'�'S Disclosure. HRA is not aware of any individual sewage treatment system on the property. Buyer is responsible for all ci�s�s 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 D. 401253v8 CBR RC125-65 5 � �� ARTICLE IV. CONSTRUCTION OF IMPROVEMENTS , Section 4.1: Construction of Improvements. The Builder shall construct the ! � Improvements on the Property in accordance with the Guidelines and the Construction Plans, : shall cause the Improvements to meet or exceed the Minimum Market Value specified in Section 1.1, and shall maintain, preserve and keep the Improvements in good repair and condition. The Builder shall provide his or her proposed construction plans to the HRA for review; if the proposed construction plans are in conformity with this Agreement and the Guidelines, the HRA will approve the Construction Plans following review and comment by the Homeowner. Section 4.2. Construction Plans. No building permit will be issued by the City unless the Building Plans are in conformity with the Guidelines, the Construction Plans, the Builder's Minimum Market Value, other requirements contained in this Agreement, and all local, state and federal regulations. The Builder 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 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 Builder 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 July 1, 2014 ("Construction Completion Date"). All construction shall be in conformity with the approved Construction Plans and the Guidelines. Periodically during construction the Builder 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 Builder will be unable to complete construction of the Improvements in the time permitted by this Section 4.3, it may notify the Builder and demand assurances from the Builder regarding the Builder's construction schedule. If such assurances are not forthcoming or are deemed by the HR.A 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. After notification by the Builder 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*he date of the completion thexeof. In the event that the ' HRA is satisfied with the construction, and upon closing on the saie of the Property to the Homeowner, the HRA shall furnish the Builder 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. Issuance of the Certificate of Completion shall also serve as a satisfaction of any obligation of Builder 401253v8 CBR RC 125-65 6 � `� ��, secured by the Letter of Credit [or the escrow account established under Section 5.1], and the Letter of Credit will be released [or the cash in the escrow account will be released to the j Builder]. At the time a Certificate of Completion is issued, the HRA will also provide Builder ' with a $5,000 cash rebate if Builder has obtained Green Communiiy Concepts certification through LEED for Homes, Minnesota GreenStar, Minnesota Green Communities or Minnesota Green Path. 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 Builder with a written statement, indicating in adequate detail in what respects the Builder has failed to complete the Improvements in accordance with the provisions of this Agreement necessary, in the opinion of the HRA, for the Builder 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 43 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. Builder 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 Builder. At Closing, Builder will deliver to the HRA $1Q,000 to be placed in a non-interest bearing escrow account pursuant to the Escrow Agreement, dated as of the date hereof, between Builder and HRA. The obligation to pay the $10,000 to the HR.A will be forgiven, and the cash in the escrow account will be returned to Builder if: (i) the Builder receives a Certificate of Completion; and (ii) the Builder is not otherwise in default of any of its obligations hereunder. If such have not occurred, 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. Financin�. HRA acknowledges that Builder has submitted evidence of financing for the Improvements in compliance with the provisions of Section 2.1(b) of this Agreement. Builder must notify HRA immediately of any changes to or withdrawal of the approved financing, HRA s�all have 10 days to approve o�: disapprove changes in financing. If the HRA rejects a change in the approved financing or if t17e approved financing is �vithdra�Ftim, the Builder shall have 30 days or such additional period of time as the Builder may reasonably require from the date of the HRA's notification to submit evidence of financing satisfactory to the HRA. If the Builder 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 401253v8 CBR RC125-65 7 �� 6 � further obligation or liability hereunder. Closing shall not take place until Builder has provided HRA with acceptable evidence of financing for construction of the Improvements. Section 6.2. Copv of Notice of Default to Lender. Whenever the HRA shall deliver any notice or demand ta the Builder with respect to any Event of Default by the Builder 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 the 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 Builder, 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 Builder. ARTICLE VII. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 7.1. Renresentation as to Redevelopment. The Builder 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 Builder 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 makir�g the Development possible, the qualification and identity of the Builder are of particular concern to the HRA. The Builder 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 Builder for the faithful performance of all undertakings and covenants agreed by the Builder ta be performed. Section 7.2. Prohibition A�ainst Transfer of Propertv and Assignment of Agreement. For the reasons set out in Section 7.1 of this Agreement, the Builder represents and agrees as follows: (a) Except as specifically allowed by this section, Builder has not made or created, and, prior to the issuance of the Certi.ficate of Completion, Builder 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. (b) This provision shall not be deemed as preventing the Builder from entering into a Purchas�Agreement for the sale of the Property to a Homeowner. (c) This provision does not prohibit conveyances that are only by way of security for, and only for the purpose of obtaining financing necessary to enable the Builder or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to the 401253v8 CBR RC 125-65 g \.� �J ` � � t� Development under this Agreement, and any other purpose authorized by this Agreement. Any Mortgage obtained by the Builder must be disclosed to the HRA, and must be subordinate to this Agreement. The Builder must provide the HRA with an address for the holder of the Mortgage for purposes of providing notices as may be required by this Agreement. 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 Builder to pay when due the payments required to be paid or secured under any provision of this Agreement; (b) Failure by the Builder 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 Builder 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 Builder, 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 Builder, a receiver of the Builder or of the whole or substantially all of its property, or approve a petition filed against the Builder seeking reorganization or arrangement of the Builder 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 Development 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 Builder as provided in Section 9.3 of this Agreement: -, (a) Suspend its p�rfarmance under this Agreement until it receives assurances from the - Builder, deemed reasonably adequate by the HRA, that the Builder will cure its default and continue its performance under this Agreement; (b) Cancel or rescind this Agreement; 401253v8 CBRRC125-65 9 �y � � (c) Exercise its right under Section 83; (d) Withdraw all funds in the escrow account established in Section 5.1; � (e) Withhold the Certificate of Completion; or (fl 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 Builder 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 holder of a Mortgage succeed by foreclosure of the Mortgage or deed in lieu thereof to the Builder's interest in the Property, it shall, notwithstanding the foregoing, be obligated to perform the obligations of the Builder under this Agreement to the extent that the same have not therefore been performed by the Builder. Section 8.3. Revestin� Interest in HRA UAOn Happening of Event of Default Subsequent to Conveyance of Propertv to Builder. In the event that subsequent to the closing or the sale of the Property to the Builder and prior to the issuance of the Certificate of Completion: (a) The Builder fails to begin construction of the Improvements in conformity with this Agreement, and such failure is not due to Unavoidable Delays; (b) The Builder, after commencement of the construction of the Improvements, defaults in or vialates obligations with respect to the construction of the Improvements, 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 Builder or 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 unauthorized by this Agreement, or suffers any levy or attachment to be made, or any supplier's or mechanic's lien, or any other unauthorized encumbrance or lien to attach; (d) There is, in violation of Article VII of this Agreement, any transfer of the Properry or any part thereof; or (e) The Builder fails to comply with any of its covenants undez this Agreement, then the HRA shall have the right i.ipon 30 days' written notice to Builder and the Builder's failure to cure within such 30 days period, to re-enter and take possession of the Property and to terminate and revest in the HRA the interest of the Builder in the Property; provided, however, that such revestit�ire of title shall be subject to the lien of any prior encumbrance permitted under 401253v8 CBR RC 125-65 10 �" � [7 this Agreement, or any right of a Homeowner pursuant to a valid Purchase Agreement authorized by this Agreement. Section 8.4. 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 d�lay 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 Builder 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 bv 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 Individuallv Liable. No HRA officer who is authorized to take part in any manner in rnaking this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit finaticially there from. No member, official, or employee of the HRA shall be personally liable to the Builder, or any successor in interest, for any Event of Default by the HRA or for any amount which may become due to the Builder or successor or an 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 Builder as though fully set forth herein. 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: 401253v8 CBR RC 125-65 11 �- � �I (a) As to the HRA: ' Richfield HRA Executive Director 6700 Portland Avenue South Richfield,MN 55423 (b) As to the Builder: Brandl/Anderson Homes, Inc 4555 Erin Drive, Suite 120 Eagan,MN 55122 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 93. 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. Section 9.5. Extensions. Any extension to the Closing Date and/or extension to Construction Completion Date that exceeds 6 months from the date agreed to in Section 3.7 and 43, respectively, must be approved by the HRA Board. HRA staff is authorized to extend the Closing Date to a date less than 6 months from the Closing Date agreed to in Section 3.7 and extend the - Construction Completion Date to a date less than 6 months from the Construction Completion Date agreed to in Section 4.3. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. [signature pages follow] 401253v8 CBRRC125-65 12 � � � � Signature Page for HRA THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD,MINNESOTA By Its Chairperson . By Its Executive Director �il 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 polific under the laws of Minnesota, on behalf of the authority. Notary Public STATE OF MINNESOTA ) ) SS . COUNTY OF ) The foregoing instrument was acicnowledged 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 �nd politic under the laws of Minnesota, on behalf of the authority. Notary Public 401253v8 CBR RC125-6� 13 � � � �k Signature Page for Builder Brandl/Anderson Homes, Inc. _ (�� By Its Vice President STATE OF MINNESOTA ) ) SS . COUNTY OF � ) ,�1i1 The foregoing instrument was acknowledged before me this � day af .��aZ� , 2013, by Christopher J. Brandl, the Vice President of Brandl/Anderson Hoines, Inc., a corporation under the laws of Minnesota, on behalf of the corporation. �:�'�.--- " '""" Scott David Ervi =�' s "�� Notary Public o Public _��. = - �� Minnesota ��"'�`�;',��''��`My Connnission E�pires January 31,2015 , � I 401253v8 CBR RC125-65 ' 14 ' ( ��,� �, '� ,1.�/�. 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 Private Development", between the Housing and l�edevelapment AuthoriTy in and for the City of Richfield, Minnesota and dated , filed as Document No. (the "Contract") 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: Kennedy&Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth�±reet Minneapolis,NIN 55402 A-1 401253v8 CBR RC125-65 �Q' (�� i EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED:April 23,2013 401253v8 CBRRC125-65 B-1 � ✓ �� PROGRAMOBJECTIVES...........................................................................................................................3 DEFINITIONS................................................................................................................................................3 PROGRAMBASICS.....................................................................................................................................3 APPLICATIONREQUIREMENTS................................................................................................................4 ADDITIONALREQUIREMENTS..................................................................................................................5 HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS..............................................................5 NewHouse Standards............................................................................................................................6 , Site Standards.........................................................................................................................................6 ConstructionRequirements ..................................................................................................................7 GeneralStandards.................................................................................................................................. GreenCommunity Concepts.................................................................................................................8 CITYREVIEW PROCEDURE.......................................................................................................................8 LOTSALE TO BUILDER/BUYER................................................................................................................9 PROGRAMMARKETING..............................................................................................:..............................9 DATAPRIVACY............................................................................................................................................9 B-2 401253v8 CBR RC 125-65 � y�� 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�ffer it for rent. The Buyer may not also function as the Builder on a Richfield Rediscovered project. The Buyer and Bui�der 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 equiry 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 Developmenf: 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. III.Program Basics 1. HRA publishes a list of available vacant lots for purchase including sale price and development criteria. B-3 401253v8 CBRRC125-65 � �a� 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 appiication to the program: � 1. $525 application fee An application fee must be paid at the time af application. This fee is non-refundable and is not part of the lot price. 2. Application Form '� 3. Blueprints ' The layout of all levels, including basement and unfinished space, must be provided. I 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 press!ved. 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 befinreen 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. 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. B-4 401253v8 CBR RC125-65 � � �� 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.citvofrichfield.ora) for more information. This requirement may be waived if the applicant is using an architect for the project. 2. The site wili 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 inciudes conditions for acquisition and development of the property. The Contract will also estabiish 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 Buiider 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 and a$10,000 mortgage in favor of the HRA will be filed on the property. The mortgage will be in first position. The HRA may consider subordinating its interest in appropriate cases. 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. 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 farade 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. B-5 401253v8 CBR RC125-65 � - a� All new houses buiit 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 wouid 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 inay 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 landscapinq requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.ci.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 H RA. 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. B-6 401253v8 CBR RC125-65 U� �� 4. The property shail have a new sanitary service line instalied 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 a.fter instaliation 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. �i 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 vaileys 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 accomplished by incorporating windows and other design elements into the garage wall that are in character. with the remainder of the dweiling. For lots that have alley access,the garage should be oriented to access the ailey. 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 shall 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 within the 1996 65+and/or 2007 63-64 DNL contours. In cases where sound attenuation standards are required and an increase in costs can be documented, the HRA may consider a reduction in the price of the lot in an amount equal to 75 percent of the cost of sound attenuation measures up to a maximum of $7,500. 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, cooperate with the application. B-7 401253v8 CBR RC125-65 � , �e E. Green Community Concepts Priority will be given to projects incorporating the green community concepts listed below. Any concepts the appiicant would like considered du�ing 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- I 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 materiais, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materia/s 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- arranged meeting. Foliowing 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. 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. B-8 401253v8 CBR RC125-65 c� — �s 11. If approved, the Contract for Private Redevelopment is executed by the HRA. VIII.Lot Sale to Builder o.r Buyer 1. Upon approval of the application by the HRA, a ciosing will be scheduled between the HRA and �I the Builder or Buyer. 2. The HRA will prepare all statements, affidavits, documents, and general release forms required for dosing. 3. The Builder applies for a building permit prior to closing. The Builder is responsible for acquiring 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 Buiider 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. 8. Upon completion of the project, 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. ' IX.Program Marketing Richfield Rediscovered program marketing is entirely at the discretion of the HRA. It may include the foilowing: 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-9 401253v8 CBR 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 , a under the laws of the State of , 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 Private Development between Grantor and Grantee, dated � 20_ (the "ContracY'), recorded _, 20_, in the office of the Hennepin County Recorder/Registrar of Titles as Document No. The Contract provides that the Grantee's rights and interest in the real property described above are subject to the Grantor's right to re-enter and revest 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 previously filed well disclosure certificate. HOUSING A1VD REDEVELOPMENT AUTHORITY INAND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By .._ Its Executive Director C-1 401253v8 CBR RC125-65 K ' � ✓ 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 RANIC) 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 RANIi) Check here if part or all of the land is Registered(Tonevs)❑ 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 G2 401253v8 CBR RC125-65 � / �� EXHIBIT D WELL DISCLOSURE ❑ The Seller certifies that the seller does not know of any wells on the described real property. X A well discEosure certificate accompanies this document. [form attached] ❑ The status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. D-1 401253v8 CBR RC125-65 LY ��_ NIiunesota Depacmune of Health M ! M M [ 3 4 T A Netl hianaEeuient Secrion � P.O:Boxb497� St.Paul,:biinnesota 55164-0975 631�Ot�iB'7ar800-383-9803 DE►ART�AE11TOFi�E�LT� w��+.heatrh.stare.m».u�'divstehluedls �'VELL DISCLOSI7ZE ST�iTE1IE:�T ', Prior to si�uig w a�rzeu�ent to sell or transfer re�l groperty.the seller u3ust xh�a�•s disclose iu�t�ituig(�•ell disclasiue stateuinit)the locariou aud s#atus(ti�•ell status defined Uelot�-)of ail�zells ou the praperty to the biryer. €�tont�iuith tlie tegal desciiption and coiu►ry of the property,uid a sketch u�g slioiving ti�e location of each`�-e21 or uidicate t2�tre are no��ells on the praperty. L'VELL DISCLOSLIRE CERTIFICaTE A��ell Disclosure Ce��tifirvte is required to be#31ed�f°hen there are��clls on the p�•opei�h�. • At tt�e tuue of closi�ig,the t��ell disclosiue stateuient uifor�iatioiL along zr-it3i the property buyer's nanie aud �u�iliug addi�ss,must be pro�ided on a ZVell Disclostu•e Certificafe(WDC}form.ZVheu recordiug a dzed or otl�er iust�lu�aeni of couieyance reqturuig a Certificate of Real E�tate V�lue(CRV},a completed jVDC uiust be f�led zvith d�e coiuity rrcordar.ineludins a$50 fe�payaUle to tlzt coiu�ty recordzr. s If there is a previously filed t�VDC and t�ie uiu�iber af wells and'or tl�.e c�ell stanis has ci�uierd.�ue�r•�'UDC must be�iled.You may searc�i for preti°ioi�sly filed�VDCs at: �v►t�r,17 eal th.stnFe.mn.usldivslehix�ellsldisclos��resldisclaime�:htrnl. s If tl�z niuiiber and statcu of ti��eiis on tlte propei�ry reinaui�u�diaugeei siuee tlie pres-iousIy filzd WDC.a stateu�ei�t uiusi be placed on the deed or other instilui�eut af con�e}aixce tik3t reads `7 nrn familiar i��ith the pr•ope►tj� desc�ib�d in this instrrrmerrt mrd I certijv thar the stanGS nrrd nt�rnber�of�ve71s on iJre described real pr•operty hcn�e rrot changed since the lnst pr•eviorkrly,f led�vell disclosure c.e.r7ifacate."Tlus sta#euient uiiist be cu�tified Uy the buycr or stller and no��1DC is required. If there are no scells on the p��opert�,a R'eIl Disclosure Certi�cate is not reqnired to be filed,H01�'C�'CS.t13C Seiler inusF ceitify a stateiueut on the deed or athc�•uistrluneut of eonveyance tliat reads "The Se�ler certifies that the Seller does not knolv of any ivells on the dese�ibad 1�nl propertv." L.�STRLTCTIONS FOR CO�iPLET'L`GTHE WELL DiSCLOSLZtE CERTIFICATE A$50 fee suust be includecl�vl�en s�ibiuitti�g this forui to the caunty recorder's affic�.The fee is to be paid by the buyer or persou filsug thc deed.Please uiaka the cveck payable to the Coiuity Recorder.A copy of tl�is VJDC sl�ouid be pro�ided to tht grapei�ty buyer at thc tune of cIosing. PROPERTIT,BUYER,A��'D SELLER Ih'FOR�ii1TION A. PROPERTY i.00aTI01'LEGAI.DESCRII'TION-Provide#hz eotuity n:uue:"tuipi�tted"a nietes�nd bowids dzscription(quactile[one quaiter section is i�quired]or gorenunent lot.see#ioi�.toivuship,wd ianse nuaiber);aud�`or`^platted"(lot nuulber andlor black munber,aud addiriou�ame),property sheet address(if applicable),aud city(this is the physical iocarion of thr properry not#he snailing address);property ID nuuib�r or parc�l utunber(oghonal),Attach a coiupiete leg�l desartp#ian of tl�z propeity. B. PROPERTY BI�YER IZ�ILING�iDDRESS AF'TER CLOS�G-Pras-id�tlte buycr's full��me(or couipany nam�if buyer is a conipany),full address,a�d plione nuniber(iuchtding area c�dej.Bz sure to uichtde a coivplete u�iiiug Address.If tl�e property is jointly otit7iod,pro�°ide the s�ne a�td crnuplet��ailing address of �1C COI1tfiGt pCfS011. Seller's�ame—Pieasa pro�ide the uam�of tl�e sell�r in space pror-ided(please pi'iut). D-2 401253v8 CBR RC 125-65 lX � �� C. C:ER3TFICATI��BY SELLER-The s�ltcr(or desitrnated representatic-e}shouid sign t�i�ceitifi��tz before it is snbu�itted to thz cotaury i�corcl�.r's o$ic�.If d�t seller is�ukzl�le to si??Yi the doctmt�tt,tt�e btiyer(or desi2,�atzd representatii-e)uiay si?n the cc�tificate Uefore it is subuutted to the couuty recordzr's office, D. �ERTIF'ICATi+f3�BY B�.`YER-If tl�e seller is ui�able to sign the doctmieut.t�e lniyer{or desi�kzt�d repres�i�tatii•e}iiiay siUn tlie ceiKificate befor�it is suUnuttzd to the co�mty recorder's at�cz.��4here deeds are gi;�n in fiil�il�neut of a ContrACt for Deed the t�VDC must be si+7ued Uy tlie bnt-er or tl�e pn surz auThorized to act on belk�lf of the buver. Signa#ure Re+quired-Tlier�must be 1t Irast osie si�nanue on tl�a eertific�te. ti;ELL L•'V'FOR1iATI0� E. «�LL LO�CATI�N LEGAL DESCRIPTION-For eacL n•eli being dis�closed the follotit�ing p3�ysical locatian u�fon�ation is requircd: � couniy siame,q�u�rtile{o�e qt��iter szctiun is reqiiu•cd).seciion.ro�i�stup,and ranse umuU�r;andlor s eotuity uauie,�o��eiYUnent lot,seciion.Sot�•nslup.�nui rauge ntmiber;anctJo�• � • co�nity naine,lot r�uuiber aud'or block niuuber.and�dditian uaiva �[��LL STATL S I\'FORi1iA1TON-I�idicata il�z status of eacli i�etl.Cheek on1F one bos. In L'se-A��Fe31 is•`iu use"if i1�a ticell is o�ei�ated on a daily.re�ilar,or scasunal b�sis.A tvtll`'ui usz'iucltules a �vdl that operates fpr the purpuse of inigation.fire proteeiion.or emerseuey putupin2. �ot In L?se-A t�-aTt is"nnt i�usr"if t}�e et-ell does not utcat tl�e defuutiou of"iu use"abave and iias�c�t Ueu�seal�d by a lice�std cvell conu'actor: • If the�veil is'•not in ust"is iliein a Ibfuu�esota Deparhueut of Health(MDH)varit�uot for tlus�rrlt?Please pro�-idt the czriance h�acl:ins i�umber(Tti�}.if k�uo�i7i. • If the t4 z1I is"noi iu usz,"is thtre u�l�iDH inaiutenance p�ruut for this c��all?Pleasa proz�ide thz penuit ntunb�r, if ks�o��,��. Seaied-?��i�ell is`'sealed"if a licensed tit�ell conu�actor haas campleteiy filled a tt'eil by pttmpins grout uzatei�ial throusha�it tf�e entue�v�ll afrer reiuo�.°al of any obstructions from the ti�cil,A Well aud Boi�iug Sealin=R�cord m�ast be on file�m°ith tlie I�fDH.Contact tl�e MDH to�-erify if a sealine record is an file.A z��11 is"capped"1�it�?AS A 1lltY1I or�lastic cap or co�-€r t�lucl�is tlu�zaded,l�cait�d.or 4reldzd onto the top of tlie�4z11 to pre�•eut efitry uito tl�e«=ell. A i°capged"�ell ts not a�°senled"�s•eIL Imgortant«'ell Siatus Information: • Tl�e I�1DH ia-i11 tollots-up zvith tlie pr4perty buyer rcgard'uig auy t�•eils disclosed as"uaT iu tue:'If a�vell is"uot in use,"the progerty o��-ner�uust eithar rettu�u tl�e�3�eI1 to`'in use,"I�a�e the ti�-eii"sefllzd"hy a licensed 1��ell eoutractar,or obtaiu aa anxival u�aiutenauce gennit frovi tl�e IvIDH for$175. • I�i3intenuict pzrnuts are not trausfYrabie.If a��elt is"in use,"a uuiinteutwce penuit is uot i�eqnired. • If the Evotl has been"sealed"by soiueenz otIier tlian a liceused�-ell con#raetor or a liceused well sealing contractor.check tlie c�-e11 status as"not iu i�se." Addirionat R'eil Inform:�tion-Pro�:-ide the follo�-uig inforcuatiasi,if luiet�-u: Iblu�ueststa Uuique ZTi�ell\Ttui�ber or 5ealing Record Ntuntxr,da#e of tk e�l cousmution or sealiug,and name of liceused z��ell�ontractor. SKETCH 1•i.�P-Coiu}alete the sketch n�ap as ins#cvct�ed oi�#ha WDC'.Tlie location of each ir-eil must be i�dicatzd. If the incatioii of a ii�ell is not knoc��n,ha�e tlie��t�ell located by a person c�uali6ed to Iocate scelis,such as a liceused c�•�lI conTractoi•. If you 1►a�e q��estions,please con#act the ZvIDH��ell Mauageuient Stetion at 651-201-4537 or$04-383-9305. To reqttest t1�is�ioctuntnt in another foin�at,c�11651-201-4600.Deaf aiui hard-uf h��riug: TT'Y'S51-241-5797. � Visit tlie Ivfl?H�Tell I�1an2geuient Section,�Nelt Disclosw•e Pro2raui�vebsite at: w►v«�.henith.state.rnn.t�sldivs/ehhvells/diselosirres. D-3 401253v8 CBRRC125-65 � � � � COi'�TT�CSE O:�ZY �IDH L�SE O�TL� �IIi1 ESUT�i DEP,ART_liE\T QF HE.�I.TH S�4ellMaaaaementSection.P.O.Bax84975 StFaulIvliauesata5�i64-097i � 651-201-�587 or 8tiQ-383-48U8 '�'ELL DISC'LOSL32E CERTIFIC�TE PLEASE TfPE OR PRINT�iLL L�4�'OR�1T70N Persou filin�deed musi ineiude a�50 fee a•abie to the coun recorder. �. PRUPERTY LOC�ITT4\iEGAL DESCRIPTIUi1 Attach a legal descripfion of the property. �ouuty Section No. I'o�nship No. Rwge ho_ Quaztes(ar Goc eu+*!�►I.oe) �ennepin LorNo(sj_ siockNo. tlddirianNa� t3uttot Tract �flP�Y Strers flddress Cityftocvssship ZIP Code Progerry ID Na./Parcel No.(optionaI) Richfield 55423 B. PRUPERTY BUYER IIAII.L1iG�i?DRESS AFTER C'LOSL\G Fust Itiunu Middle initial Iast Name Company I�amr(if appiicable) Mailiug Address Mailing Aci+3ress City State�Pro��ce ZIP Code Telephone No_(inciuding area codej �o�;a��v�ofse��I��u) Housing and Redevelopment Authority in and for ihe Ciry of Richfielsi C. CERTiFICATIO:�BY SELLER I crrtify zl�at the iuformation pro�ided cm dris certificau is acetuate and comptete to the bes#of my lmoticdedge_ Signature of Sell��Desi�nated Representative of Sciler Date D. CER'TIFTCATIO\BY BL`YER For fulfilluient of a contrdct for deed tve bt�er or person authorized#o act on Uehaif of the buyer,xuust sign a Well Disclosure Certificate if there is a w�ell on the property_ In#he absence of a seller's signahue,the buyer,or person authorized to�ct on behalf of The buyer x��y sign this Well Disclosure Certificate.33o sig�ahne is required by the buyer if the seiler has sigued abo�-e. Based on disciosure infannation provided to me by the seller or otUer available infom�ation,i certify t2rat ihe infomiation on this certificate is aecurate and con�pletg to the bes#of my]rnowledge. Sigiature of Buy�er or Designate3 Representatise of Buyes Date ''� �IPORTAIT NOTE: The Minuesota I?epartment of Health{IvtDI�wzll follaw-up�rith the property buyer regarding • any welts disclased as not in use_if a well is not in use,the property osuner must either rehun fhe well io use,have the well sealed by a licensed zvell contractor,or obtain an annual maizitenwce pernut from the 11�IDH fvr$175.A cogy of t�rs Well I?isclasure Certificaie should be pro�ided to the praperty buyer at the time of closiug. D-4 401253v8 CBR RC 125-6� t� �3� � e r e s u r a _1�1;A`ESQT`t1 DEPART;IIE;\T OF HEALTH . 1 4YELL DISCLO5L12E CERTIFICATE �dicate Total I*httnber of PLF.�ISE TI'PE OR PRINl.4LL l2VFOR:�IATION �ells on Property n[M�ill£Mta xFAtrx Fill out a segar�te�;°ell ujfani�rion pa ee if mare tF�n t�-o v�ells arre located on tlie prope��ty. E. �VELL LOC�TI��LEGAI.DES�RiPTIUN iy'EI.I:#1—If the property Iegal descriprion has umre than one section,to�c�shig,or range mimber;quazter(or goc�+**,�+r lot);or lot or block number; �ide cific le al desm tion infom�ation m the ical locarion af tUis ZveiL Coinuy Sectiou I�`o. Town.ship No. �2ange No. Quarter(or Goe-anment Lotj H�nnepin Lot I�ro. Block Nu. Addition Nav�e Ouclot Tract MN Unique Well No.or Sealing Record No. R�L.L STATGS{Clveck only oue box) Dau of R�ell Coasuvction or Sd'ELL I5: ❑ In Use(1) ❑Not in tlse{2) ❑ Sealed by Liceused Well Gontraetor(3)' �� "Calt�IDH m rerifc sea}me record is on Sk. Name of Licensed Well Contsactor if tiie�r•ell has beea seakd by someone othv than a licrosed c��ell contraMor or a 3icensed wrll sealiug contraMac check ffie nell status as not in nse. Aiso see"�IPORT.4I�tT I30TE"on a e i. ff well is not in use,is there an NIDH raziatue for this�vell? If the well is not in use,is diere au IvmH nmintenance pecnui for ❑ Yes ❑ No this w-ell? ❑ Yes ❑ No If Yes,Pro�ide the vaziance tracking number(TI� If yes.provide the penvit number 1VELL#2—If the propeity legal dtscriprion has mara thau ane section,tA�t�nship,or range number,quarter(or govetnxveni lot):ar los or btock nuarber; m�ide. ific leqal desm tion infonnation re the vsicallocatian of this well. Couuty Section No. I'ownsfiip No. Rang�e No_ Quazter(vr Gos�-emnrnt Lot) Lot A'a. Block No. Addition Name (?Utlot Tract MN Unique�Vell No_or Se ta ino Record No. �iELL STAT[;S(Check only one box) Date of Well Construcrion or LVELL IS: ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licznsed Well Con�acror(3)' �� 'Call i�H to rerifc seatme rrcord is on fik. Name of Licensed Well Contractor If the well fias bzen sraied by someone other than a ficeased uell contractor or a licensed w-ell sealing confractor,check the a�ell status as not in use_ Aiso sec`Il1�PO1tT.ANT 1�iOTE"an a e l. If well is not in use,is there an MDIi variance for fliis n ell? If the«rll is not in use,is$tere an 2��FI mAin+��+�e perssut fot' ❑ yes ❑ h*o tBis tveIl? ❑ Yrs ❑ No If Yes,Pro�ide ihe�ariauce tracking number(TN) If yes,provide ihe pem�it number SKETCH�L�P—Sketch the location of the well{s)and i�cIude estimated distaaces from roads,surets,and buildissgs.If muer tl�an one�rell on properh,use t6e�cell locatioa num6er abo�re to idenri#y each�se�.Tlu location of the n�ell(s)must be proiided.If the locarian of a well is not kuonrs�have the tvell locate3 by a}xrsan qaalified to locate wells,such as a licrnsed well contractor. Infom�atioa pro�ided on this foim is classified as public snfoiv�atioa tiwdar Mimesota Statutes,C6apter 13. To request this doctanent in another forsssat,call 651-ZOI�6D0.Deaf and l�rd-of�earin� TTY G51<O1-5797. Visit the MDH Weii Mavagetuent Section,WeU Disclosure Prograzu w-ebsite ar. ww�v.heatth.state.mn.us/dixs(ehhccTlsldisc7arrn•es. 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