021715CompleteAgenda CITY OF RICHFIELD, MINNESOTA
TUESDAY, FEBRUARY 17, 2015
RFCHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
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SPECIAL HOUSING AND REDEVELOPMENT AUTHORITY WORKSESSION
BARTHOLOMEW ROOM
6:15 P.M.
AGENDA
Call to order
1. Discussion regarding development proposals for 2517 West 76th Street
(HRA Memo No. 6)
Adjournment
�******************************�**************************************************************,�****************
REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
Call to order
1. Approval of the minutes of the Regular HRA Meeting of January 20, 2015
2. HRA approval of the agenda
3. Public hearing and consideration of a resolution authorizing the sale of 7308-10tn
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. 8
4. HRA discussion items
5. Executive Director Report
6. 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
Office of Executive Director
February 12, 2015
HRA Memorandum No. 6
Housing and Redevelopment
Authority Commissioners
City of Richfield
Subject: Redevelopment Proposals for 2517 76th Street West
(HRA Worksession Agenda Item No. 1)
Dear Commissioners:
As a result of input from the January 20, 2015 Housing and Redevelopment Authority
(HRA) meeting, City staff met with representatives from the Greater Metropolitan
Housing Corporation (GMHC) to discuss revisions to the original proposal for
townhomes on the property at 2517 76th Street West. Revisions included reducing the
number of units proposed for the site, and increasing garage sizes to include two
spaces for each unit.
As requested, staff from GMHC will be present at a 6:15 pm worksession on February
17 to discuss the revised proposal.
Re ectf ly submitted,
�,,�' _" l
Stev n L. Devich
Executive Director
SLD:ka
HOUSING AND REDEVELOPMENT
�
AUTHORITY MEETING MINUTES
yr' � ' � Richfield, Minnesota
Regular Meeting
January 20, 2015
CALL TO ORDER
The meeting was called to order by Vice Chair Supple at 7:00 p.m.
ATTENDANCE
HRA Members Mary Supple, Vice Chair; David Gepner; Debbie Goettel,
Present: Doris Rubenstein and Pat Elliott.
Staff Present: Steven L. Devich, Executive Director; Karen Barton, Assistant Community
Development Director; Chris Regis, Finance Manager; and Elizabeth
VanHoose, City Clerk.
City Clerk VanHoose administered the Oath of Office to HRA Commissioner Pat Elliott.
Vice Chair Supple asked for clarification regarding Section 6 of the Richfield HRA Bylaws
regarding voting.
The HRA consensus is to record voice votes at all future meetings unless a roll call is
requested by a member of the commission.
M/Goettel, S/Elliott to approve recordinq voice votes at all future HRA meetinqs unless a roll
call vote is requested by a member of the HRA.
Motion carried 5-0. (Supple, Goettel, Gepner, Rubenstein, Elliott voted yea)
Item #1 CONSIDERATION OF THE ELECTION OF OFFICERS FOR THE RICHFIELD HRA
FOR 2015 S.R. N0.1
M/Goettel, S/Rubenstein to approve Mary Supple as Chair of the HRA for 2015.
Motion carried 5-0.
M/Goettel, S/Supple to approve Pat Elliot as Vice Chair of the HRA for 2015.
Motion carried 5-0.
M/Goettel, S/Elliott to approve Doris Rubenstein as Secretarv of the HRA for 2015.
Motion carried 5-0.
Item #2 APROVAL OF THE MINUTES OF THE REGULAR HRA MEETING OF DECEMBER
15, 2014
HRA Meeting -2- January 20,2015
M/Gepner, S/Elliott fo approve the minutes.
Motion carried 5-0.
Item #3 HRA APPROVAL OF AGENDA
M/Supple, S/Rubenstein to approve the aqenda.
Motion carried 5-0.
Item #4 HRA PROGRAMS/COMMUNITY DEVELOPMENT 2014 IN REVIEW
Assistant Community Development Director Barton presented the HRA Programs/
Community Development 2014 year in review. She especially highlighted the many housing and
redevelopment projects completed in the past year.
Commissioner Rubenstein commended the Richfield Rediscovered Program, but stated that
it doesn't get enough visibility. She suggested that staff find ways to celebrate and publicize the
program.
Item #5 CONSENT CALENDAR
A. Consideration of the approval of designating the Community Development Director as the
Acting Executive Director of the HRA for 2015 in the event the Executive Director is absent
from the City S.R. No. 2
B. Consideration of approval of the resolutions designating the official depositories for the
HRA, including collateral, for 2015 S.R. No. 3
HRA RESOLUTION NO. 1191
RESOLUTION DESIGNATING U.S. BANK A DEPOSITORY OF FUNDS OF THE HRA OF
RICHFIELD FOR THE YEAR 2015
This resolution appears as HRA Resolution No. 1191.
HRA RESOLUTION NO. 1192
RESOLUTION DESIGNATING CERTAIN SAVING AND LOAN ASSOCIATIONS, BANKS
AND CREDIT UNIONS AS DEPOSITORIES FOR THE INVESTMENT OF HOUSING AND
REDEVELOPMENT AUTHORITY OF RICHFIELD FUNDS IN 2015
This resolution appears as HRA Resolution No. 1192.
HRA RESOLUTION NO. 1193
RESOLUTION DESIGNATING CERTAW FINANCIAL
INSTITUTIONS AS DEPOSITORIES FOR THE INVESTMENT OF
HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD FUNDS IN 2015
This resolution appears as HRA Resolution No. 1193.
C. Consideration of the approval of a resolution authorizing the right-of-way and utility
easement relating to Lot 16, Block 2, Iverson's Second Addition in favor of the City of
Richfield S.R. No. 4
HRA Meeting -3- January 20,2015
HRA RESOLUTION NO. 1194
RESOLUTION APPROVING RIGHT-OF-WAY AND UTILITY EASEMENT IN FAVOR OF
THE CITY OF RICHFIELD
This resolution appears as HRA Resolution No. 1194.
D. Consideration of the approval of a resolution authorizing the Executive Director and HRA
Chair to execute instruments necessary to purchase three to four vacant and foreclosed
houses using up to $400,000 from the Housing and Redevelopment Fund through
December 31, 2015 SR. No. 5
HRA RESOLUTION NO. 1195
RESOLUTION AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY STAFF TO
ACQUIRE CERTAIN FORECLOSED HOMES WITHIN THE CITY AND TO EXECUTE ALL
INSTRUMENTS AND CONTRACTS RELATED THERETO
This resolution appears as HRA Resolution No. 1195.
M/Goettel, S/Elliott to approve the Consent Calendar.
Motion carried 5-0.
Item #6 pUBLIC HEARING REGARDING A RESOLUTION AUTHORIZING THE SALE OF
2517 WEST 76T" STREET TO THE GREATER METROPOLITAN HOUSING
CORPORATION AND A CONTRACT FOR DEVELOPMENT WITH THE GREATER
METROPOLITAN HOUSING CORPORATION FOR THE DEVELOPMENT OF SIX
TOWNHOMES S.R. NO. 6
Assistant Community Development Director Barton presented Staff Report No. 6.
Julia Spencer, representative from GHMC, was available for questions.
Karen Kaehler, 7632 Sheridan Avenue, stated her concerns regarding parking, income
requirements, whether the project would remain owner occupied and that the neighborhood
wants more owner occupied residential.
M/Goettel, S/Gepner to close the public hearinq.
Motion carried 5-0.
Commissioner Gepner had concerns about single car garages and added that it's a
challenging site which may not have many alternatives.
Commissioner Goettel also had concerns with single car garages and suggested that the
HRA be provided a mock-up/plan before being asked to take a vote. She would also like to
see more 2-story homes.
Commissioner Rubenstein asked if the homes had to be one level living, or if the project
could be built up to provide more space for parking.
Commissioner Elliott stated that he believed the design was workable in view of the
limitations of the site, but would like to see more of a higher `brownstone' type of building.
Executive Director Devich stated that it would be best to come back the HRA with this
project at a future date after trying to address the concerns raised by the commissioners.
HRA Meeting -4- January 20,2015
M/Goettel, S/Elliott to table this item to a future HRA Meetinq.
Motion carried 5-0.
Item #7 CONSIDERATION OF AN AFFORDABLE HOUSING POLICY TO ASSIST IN
GUIDING FUTURE SUBSIDIZED HOUSING DEVELOPMENT IN THE CITY OF
RICHFIELD
Assistant Community Development Director Barton presented Staff Report No. 7.
Julia Spencer, representative from GHMC, was available for questions.
Commissioner Goettel stated that she was pleased with the policy overall, but had a
concern with bullet number 4.
Commissioner Elliott suggested that the last part of bullet 4 should be added to bullet 5 in
that the rehab of older apartments/housing stock could be tied together with use of funding sources
dictating a higher affordability.
The following changes were made to the proposed policy:
• #4 Contain a mix of market-rate affordable units, with a higher proportion of market-
rate units.
• #5 Maintain affordability through the rehabilitation of existing, aging multi-family
housing, including consideration of outside funding sources that may dictate higher
affordability requirements.
M/Goettel, S/Elliott to approve an Affordable Housinq Policy to assist in quidinq future
subsidized housinq development in the Citv of Richfield, as amended.
Motion adopted 5-0.
Item #8 HRA DISCUSSION ITEMS
Commissioner Gepner asked about the status of the underpass funding.
Executive Director Devich responded that the timing of the funding decision by MnDOT has
not been established.
Item #9 EXECUTIVE DIRECTOR REPORT
None.
Item #10 CLAIMS AND PAYROLL
M/Goettel, S/Gepner that the followinq claims and pavrolls be approved:
U.S. BANK 01/20/15
Section 8 Checks: 125737-125849 177,288.20
HRA Checks: 32157-32172 $ 35,556.17
TOTAL $ 212,844.37
Motion carried 5-0.
HRA Meeting -5- January 20,2015
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:12 p.m.
Date Approved: February 17, 2015
Mary B. Supple
HRA Chair
Elizabeth VanHoose Steven L. Devich
City Clerk Executive Director
AGENDA ITEM# 3
REPORT# $
STAFF REPORT
:� � ' f ' HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
FEBRUARY 17, 2015
REPORT PREPARED BY: JULIE URBAN/KATE AITCHISON, HOUSING
SPECIALISTS
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REPORT PRESENTER: ��N BARTON, ASSISTANT COMMUNITY
DEVELOPMENT DIRECTOR
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DEPARTMENT DIRECTOR REVIEW: � "'"' "'�
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REVIEWED BY EXECUTNE DIRECTOR: �
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ITEM FOR HRA CONSIDERATION:
Public hearing and consideration of a resolution authorizing the sale of 7308 10th Avenue to
Endres Custom Homes and a Contract for Private Development with Endres Custom Homes
for the construction of a single famil home under the Richfield Rediscovered Program.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion:
1. Approve a resolution authorizing the sale of 7308 10th Avenue to
Endres Custom Homes, Inc. and;
2. Authorize execution of a Contract for Private Development
between the Housing and Redevelopment Authority and Endres
Custom Homes, Inc. for the redevelopment of 7308 10th Avenue.
II. EXECUTIVE SUMMARY
Endres Custom Homes, Inc. (the Builder) is applying to purchase the Housing and
Redevelopment Authority (HRA) owned lot at 7308 10th Avenue to construct a new
single family home. The new home would be a two-story home with three
bedrooms, three bathrooms and an attached-three-car garage. The new home will
be approximately 2,100 square feet with an end value exceeding $360,000.
III. BASIS OF RECOMMENDATION
021715 RR Lot Sale 7308 10th Avenue.docx
A. BACKGROUND
• The HRA purchased 7308 10th Avenue in 2014 for $94,000.
• The existing home was abated and demolished in late 2014.
B. PoLICY
• The proposed project meets the objectives of the Richfield
Rediscovered Program:
o Removes substandard, functionally obsolete housing and
eliminates its blighting influence.
o Provides new, higher valued housing.
o Alleviates shortage of housing choice for families.
• The project meets the Housing Design and Site Development Criteria,
as defined in the Richfield Rediscovered Guidelines.
C. C�TICAL T��vG IssuEs
• The Contract requires the Builder to close on the property by May 1,
2015 and to complete construction by October 1, 2015.
• 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 75-foot property and structure in 2014 for
$94,000.
• The appraised value of the property as a vacant lot is $58,000.
• Under the terms of the Contract, the $58,000 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 $360,000.
• 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 reviewed the terms of the Contract for Private
Redevelopment.
• Notice of the public hearing was published in the Sun Current on
February 5, 2015.
• Mailed notification is not required on this item; however, due to the
potential impact of construction activities, a courtesy notice was
issued to residents within 350 feet of the property.
IV. ALTERNATNE RECOMMENDATION(S�
• Do not execute the Contract for Private Development.
• Amend the Contract for Private Development and direct staff to work with the
Builder to revise the proposal.
V. ATTACHMENTS
• Resolution
• Contract for Private Development
• Photo of 7308 10th Avenue
• Elevations and floor plans of proposed home
• Site plan of proposed home
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
• Dustin Endres, Endres Custom Homes, Inc.
HRA RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT
7308 10TH 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: 7308 10th Avenue
Legal: Lot 2, Block 9, "Fallden's Third 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 as Endres
Custom Homes, Inc., and
WHEREAS, a Contract for Private Development has been prepared, and the sale
price of 7308 10th Avenue is $58,000.00 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 7308 10th Avenue is authorized to be sold
for $58,000.00 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 17th day of February, 2015.
Mary B. Supple, Chair
ATTEST:
Doris Rubenstein, Secretary
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
7308 lOth Avenue South
This Instrument Drafted by:
The Housing and Redevelopment Authority
in and for the City of Rich�eld
6700 Portland Avenue South
Richfield, Minnesota 55423
Telephone: (612) 861-9760
401253v8 CBR RC125-388
CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT, made and entered into as of this day of
2015, 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 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 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(Redevelopment Plan); and
WHEREAS, in order to achieve the objectives of the Redevelopment Plan and
particularly to make specified land in the Project available for development by 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 been undertaken, will assist in carrying out the obligations of the Redevelopment
Plan, will be in the vital best interests of the City and the health, safety and welfare of its
residents and is in accord with the public purposes and provisions of the applicable state and
local laws and requirements under which development in the Project has been undertaken and is
being assisted.
NOW, THEREFORE, in consideration of the mutual covenants and obligation of the
HRA and the 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 this 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.
401253v8 CBR RC125-388
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 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
Apri123, 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. $360,000, which is the minimum market value for the land
and Improvements as confirmed by the Hennepin County Assessor.
Mort�age. A mortgage obtained by the Builder from a third party lender in accordance
with Section 7.2 of this Agreement.
Property. The real property legally described as:
Lot 2,Block 9, "Fallden's Third Addition"
Located on land having a street address of:
7308 10th Avenue South
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 Exhibits are attached to and by reference made a
part of this Agreement:
A. Form of Certificate of Completion
B. Program Guidelines—Lot Sale Program
C. Form of Quit Claim Deed
401253v8 CBR RC125-388
2
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 UNDERTAKINGS
Section 2.1. By 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
(� The Builder has read and understands the Guidelines and agrees to be bound by
them.
401253v8 CBR RC125-388
3
Section 2.2. By the HRA. The HRA makes the following representations as the basis
for the undertaking on its part herein contained:
(a) The HRA is authorized by law to enter into this Agreement and to carry out its
obligations hereunder; and
(b) The HRA will, in a timely manner, subject to all notification requirements,review
and act upon all submittals and applications of the 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 IIL
ACQUISITION OF PROPERTY; CONVEYANCE TO BUILDER
Section 3.1. Purchase of Proqertv 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 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
$58,000.00("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, however,
that the HRA shall 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 RC125-388
4
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.
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 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. Pernussion 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. 5ite 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 May 1, 2015, ("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 Sec'tion 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 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. ISTS Disclosure. HRA is not aware of any individual sewage treatment
system on the property. Buyer is responsible for all costs of removing any individual sewage
treatment system that may be discovered on the Property.
Section 3.11. Well Disclosure. HRA's knowledge of wells on the Property is disclosed
in Exhibit D.
401253v8 CBR RC125-388
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
l.l, 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 detertnination 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 October 1, 2015 ("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 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 the date of 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 Certi�cate 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 RC125-388
6
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
Communities or Minnesota Green Path.
If the HRA shall refuse or fail to provide certi�cation 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 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 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. In certain circumstances, after construction is complete, the Builder or Buyer may be
required to deposit another cash escrow with the planning department of the City for incomplete
improvements. In these cases, following the HRA's release of the cash escrow, the cash escrow
will be transferred to the City's planning department for such purpose. The terms of the escrow
will be set forth in an Escrow Agreement between the HRA and the Builder or Buyer.
ARTICLE VI.
FINANCING
Section 6.1. Financing. 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 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 time as the Builder may reasonably
401253v8 CBR RC125-388
7
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
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 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 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. Representation 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
making 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 to be performed.
Section 7.2. Prohibition A�ainst Transfer of Property and Assi�nment 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 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 shall not be deemed as preventing the Builder from entering into a
Purchase Agreement for the sale of the Property to a Homeowner.
401253v8 CBR RC125-388
g
(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
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 �le 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 art-angement 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:
401253v8 CBR RC125-388
9
(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;
(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
(� 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 UUon Happenin� of Event of Default
Subsequent to Convevance of Property 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 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 Property
or any part thereof; or
(e) The Builder fails to comply with any of its covenants under this Agreement,
401253v8 CBR RC125-388
10
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, however,
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 remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right or
power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the
HRA or the 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. Contlict 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
of�cial 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 terms
of this Agreement.
5ection 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 RC125-388
11
(a) As to the HRA:
Richfield HRA
Executive Director
6700 Portland Avenue South
Richfield,MN 55423
(b) As to the Builder:
Dustin Endres
Endres Custom Homes
15561 Dunberry 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. 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 4.3,
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 CBR RC125-388
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
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the Chairperson of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, a public body corporate
and politic under the laws of Minnesota, on behalf of the authority.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the Executive Director of the Housing
and Redevelopment Authority in and for the City of Richfield, Minnesota, a public body
corporate and politic under the laws of Minnesota, on behalf of the authority.
Notary Public
401253v8 CBR RC125-388
13
Signature Page for Suilder
Builder
By
Its _
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by , the
of , a
under the laws of , on behalf of the
Notary Public
401253v8 CBR RC125-388
14
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 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 Street
Minneapolis, MN 55402
A-1
401253v8 CBR RC125-388
EXHIBIT B
PROGRAM GUIDELINE5-LOT SALE PROGRAM
RICHFIELD REDISCOVERED
PROGRAM GUIDELINES
LOT SALE PROGRAM
REVISED: April 23,2013
401253v8 CBR RC125-388
B-1
PROGRAMOBJECTIVES............................................................................................................................3
DEFINITIONS................................................................................................................................................3
PROGRAMBASICS.....................................................................................................................................3
APPLICATION REQUIREMENTS................................................................................................................4
ADDITIONAL REQUIREMENTS..................................................................................................................5
HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS..............................................................5
NewHouse Standards............................................................................................................................6
SiteStandards.........................................................................................................................................6
Construction Requirements ..................................................................................................................6
GeneralStandards..................................................................................................................................7
GreenCommunity Concepts.................................................................................................................8
CITY REVIEW PROCEDURE.......................................................................................................................8
LOTSALE TO BUILDER/BUYER................................................................................................................9
PROGRAMMARKETING.............................................................................................................................9
DATAPRIVACY............................................................................................................................................9
B-2
401253v8 CBR RC125-388
This document has been developed as a guidance tool for program administration. It should not be
interpreted as constituting any contractual agreement or liability by the City or Housing and
Redevelopment Authority(HRA). The HRA may modify or divert from the guidelines where it deems
appropriate.
I. Program Objectives
1. To remove substandard, functionally obsolete housing on scattered sites throughout the City
and replace with new, higher-valued housing.
2. To eliminate the blighting influence of substandard housing, thus improving residential
neighborhoods.
3. To alleviate the shortage of housing choices for families.
4. To facilitate the construction of larger three- to four-bedroom, owner-occupied homes
designed for families.
5. To facilitate the construction of multi-unit, owner-occupied homes designed to expand family
opportunities or to serve elderly residents.
These objectives will be achieved through the sale of lots by the Housing and Redevelopment Authority to
Builder/Buyer teams for the development of newly constructed homes.
II. Definitions
Applicant: An individual who submits an application for a Richfield Rediscovered lot. The Applicant may
be a Builder or the end Buyer. If the Applicant is a Builder, an end Buyer should be identified. If the
Applicant is the Buyer, the Applicant must submit a signed contract between the Builder and the Buyer to
build a home on the lot identified in the application.
Buyer.An individual(s)who will build, own and occupy a new housing unit in Richfield.
The Buyer will occupy the property and not offer it for rent. The Buyer may not also function as the Builder
on a Richfield Rediscovered project. The Buyer and Builder must be unrelated separate legal entities. A
speculative project by a Buyer may be considered if all other program requirements can be met.
However, neither the Buyer, the Buyer's Builder or Builder's subcontractors, or the Builder's realty agents
may occupy or purchase the property.
Buyers, unless licensed in the trade specified, may not put any sweat equity into the construction of the
foundation, wall/roof framing, shingling, exterior work, electrical/plumbing/HVAC systems or interior
carpentry.
Builder. Contractor who has signed a contract with the Buyer to build a home on the lot identified in the
application.
Contract for Private Development: A contract between the HRA and the Builder or Buyer that establishes
the conditions under which the lot will be sold and the proposed house will be developed.
Green Community Concepts Plan: A written plan indicating how the proposed development will
incorporate green building features and concepts. Priority will be given to projects that incorporate green
building features.
HRA: Housing and Redevelopment Authority in and for the City of Richfield.
Lot List: A listing of available lots for sale. Information regarding the lot location, size and sale price is
provided.
III. Program Basics
1. HRA publishes a list of available vacant lots for purchase including sale price and
development criteria.
B-3
401253v8 CBR RC125-388
2. Builder/Buyer team proposes a plan for a lot consistent with development criteria and program
requirements and makes an offer to purchase.
3. HRA approves lot sale.
4. Lot is sold to Builder or Buyer.
5. Builder constructs new home.
6. Projects must be completed within one year of HRA approval of the project.
IV.Application Requirements
The following must be submitted for application to the program:
1. $525 application fee
An application fee must be paid at the time of application. This fee is non-refundable and
is not part of the lot price.
2. Application Form
3. Blueprints
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 Liability with Property Damage Protection.
B-4
401253v8 CBR RC125-388
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.cit rLofrichfield.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
Redevelopment.
5. The lot can be sold to either the Builder or the Buyer. If the lot is sold to the Builder, the Builder
will pay cash for the lot at closing and submit a Letter of Credit or cash escrow for$10,000. The
Letter of Credit must be from a financial institution incorporated in the Twin Cities metropolitan
area. The cash escrow will be held in a non-interest bearing account. The Letter of Credit or
cash escrow will be released once the construction and landscape work are completed and a final
Certificate of Occupancy is issued.
6. If the lot is sold to the Builder and the Builder fails to complete construction as approved by the
HRA, the Letter of Credit or cash escrow may be drawn upon by the HRA. In addition, the
Contract for Private Development will contain a reverter provision, which will enable the HRA to
reclaim ownership of the property in the event of a default in the Contract. In the event that the
Builder fails to complete construction, the HRA may exercise its rights under the reverter
provision, as well as draw upon the Letter of Credit or cash escrow.
7. If the lot is sold to the Buyer, the Buyer will pay cash for the lot at closing 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 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 RC125-388
All new houses built under the Richfield Rediscovered Program must meet the requirements of the City's
Zoning Code and additional criteria, as listed in this document.
A. New House Standards
1. New dwelling must be owner-occupied.
2. Three finished bedrooms are required.
3. Two finished bathrooms are required.
4. Two-car garage is required.
5. A full basement is required, unless the selected design results in a split-level or a garden-level
type of basement. In the case of an "accessible" house, a basement may be omitted if it would
otherwise prohibit accessible design elements.
B. Site Standards
1. After construction, the site must be fully landscaped, including plantings around the foundation.
The entire grounds shall be landscaped and be aesthetically pleasing in all seasons. Land forms
and plant materials shall be used to define the site and blend neatly with adjoining properties.
Specific lot line blending requirements may be required, as appropriate,for specific sites.
At a minimum, the applicant must meet the "Landscaping and Screening Requirements" in the
City's Zoning Code under Section 544.03, Subd.4, General landscaping reauirements 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 RC125-388
4. The property shall have a new sanitary service line installed to the City sanitary sewer main
consisting of schedule 40 PVC or equivalent. If there is an existing 6"sewer stub at the property
line, it must be lined with 4" schedule 40 PVC or equivalent to the City's sanitary main, and it
must include a"donut"at the end with cement.
The line must be televised after installation to ensure the following:
1. There are no obstructions in the line.
2. The PVC liner is not protruding into the City's sanitary sewer main line.
D, General Standards
1. The value of the new home must meet or exceed the minimum value specified in the Contract for
Private Redevelopment.
2. All homes in the Richfield Rediscovered Program must be stick-built or high-quality modular, new
construction.
3. Exterior materials (siding, soffit, doors and windows) should be low-maintenance and durable.
Brick, aluminum, vinyl and fiber cement siding are preferred. Natural cedar lap is acceptable if
properly stained or painted. Hardboard panels or hardboard lap siding are prohibited. Roof
valleys must have metal valleys and not be woven.
4. Unit height and mass of the new house shall be compatible with the scale of the surrounding
homes in the neighborhood.
5. Plans must present a balanced and pleasing distribution of wall, door and window areas from all
views.
6. The dominance of the garage door must be minimized through placement, architectural detail,
door design and utilization and design of windows. Garages, where the garage door faces the
street, shall not be located closer to the front lot line than the foremost facade of the principal
building facing the front property line. Garage sidewalls that face the street should appear to
contain habitable space. This can be 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
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 RC125-388
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 conse►ve water and soil. To reduce water consumption, consider the use of water-
conserving appliances, fixtures, and landscaping. Steps should be taken to minimize the loss of
soil and sediment during construction and occupancy to reduce storm-water sediment and air
pollution.
2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural
heating, cooling and day lighting, and by using energy-efficient appliances, equipment and
lighting.
3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems,
and moisture control products and systems.
4. Use environmentally-pr�ferable materials and resources. Use locally-produced, salvaged and/or
manufactured materials, products with recycled content or from renewable sources, recyclable or
reusable materials, and low-VOC-emitting materials.
5. Reduce waste. Reduce and manage wastes generated during the construction process and
operation of buildings. If demolition occurs, sort and recycle leftover materials and debris.
VII. City Review Procedure
1. Applicant reviews proposed project with HRA staff before plans are finalized.
2. Applicant submits application, plans, and application fee at least 45 days prior to the HRA
meeting.
3. An application is considered to be received when delivered personally to HRA staff in a pre-
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 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 RC125-388
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 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 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 peciodically 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 RC125-388
EXHISIT 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 "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 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 AND REDEVELOPMENT AUTHORITY
INAND FOR THE CITY OF RICHFIELD
Affix Deed Tax Stamp Here
By
Its Chairperson
By
Its Executive Director
G1
401253v8 CBR RC125-388
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this day of , 20_, by
, the Chairperson of the Housing and Redevelopment Authority in and for the
City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of
the corporation, Grantor.
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK)
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this day of , 20_,
by , the Executive Director, of Housing and Redevelopment Authority in and for
the City of Richfield, a public body corparate and politic under the laws of the State of
Minnesota, on behalf of the corporation, Grantor.
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK)
Check here if part or all of the land is Registered(Torrens)❑
Tax Statements for the real property described in this
instrument should be sent to (include name and
address of Grantee):
This instrument drafted by:
Kennedy&Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
G2
401253v8 CBR RC125-388
EXHIBIT D
WELL DISCLOSURE
❑ The Seller certifies that the seller does not know of any wells on the described real property.
❑ A well disclosure certificate accompanies this document. [form attached]
X The status and number of wells on the described real property have not changed since the
last previously filed well disclosure certificate. �
D-1
401253v8 CBR RC125-388
N4innesot�t I?eparin�ent of Heal@i M I N N E S 0 t A
E[�ell Mauagement Section �
P.O.Box 64975
St.Pau1 Minnesota 55264-0975
651-201-4587 or 800-383-98U8 ��
ii�x�x.health.state_m».us/dn�felehcelts
�'VELL DISCLOSL1tE ST'AT'E�IENT
Piior to si�uizg au agreement to sell or traitsfer rzal}�rQperry.tUe seller must nl«-ati�s clisclose ui trritiug(ix�ell
disclastu�e statement)the location aiid stahis(Rell siatus defined bela��j ot:�ll«�ells on the pro�erty to the buyer.
along�vith tlte lzgal deseriptiou aud coiruty of the property,aiid a sketch map sho«•iug the locatian of each n-e11 or
uidicate tliere arz n���•ells on tlie pr�aperty.
V�►�'ELL DISC'LOSIiRE CERTIFICAT'E
A«'ell Disclosure Certificate is requu•ed to be filed w6en tLere are���ells ou the properh°.
� At tl�e tuue of closuig.the ti�ell discl�si�re statznient uxfoniiation.aloug�vith tl�e property buyer's nanie and
mail'uig�dciress.inust be pro�-ided on a�i�ell Disclosiue Gertificate(��DC)foiYn.Wl�en recorciuig a deed ar
oclier uistnunzsrt of con�eyauce rec�i►iring a Certif�c�te of Real Estate Value(CRV).a couipleted��VDC uiust be
filed��•ith the counry reeorder.uiclucling a$50 fee payable to tl�e caunty recorder,
• If tliere is�prei�ously filed WDC anc�the nimiber of�t�ells and`or the�vell stahis has changed.a ue«•�VDC'umst
be fi1ed.You u��5�search far pre��iously filed WDCs�t:
�vw►n.health.stnte.mn.:�s/divs/ehhue.11sleiisclosrrre.s/elisctcrin:er.html.
• If the�nunlxr�+ud stanis of wells an the pro�zrry i�maui iu��hanged suice the pre�-iously filed�?VDC:.a statenient
nn►si Ue gl�ced on the deed or other instnuneut of com-eyai�ee that reads "I am firmaliar ivith the proper-ty
desct�be.d in titis irtstr�iem�nt and I ce�•tifi�thar the stntr.s nnd nx�nbe►-of it�ells on tlre�lescrzbed r•enl pr•ope.rty hme
nat chaxged since rhe last preuioersly,filed�vell drsclosure cer-tifrcate."Tlus statenient uiust be ceitified Uy the
buyer or seller atid no�t1DC is required.
If there are no rs�eils ou the grapei•t}-,s��'eII Disclasure CerN�icate is not required to be filed.Ho��-ever.tlie
Seller uiust certify a stateuient o�i the deed or atlier instnuiieirt of con��ey�ice tl�at reacis "T7ze Sellw•certific�s tl�ai the
Seller•does not knozv of arr>>wells on th�described real praper7y."
INSTRtiC:TI�NS F�R C014iPLETI\G THE WELL DISCLOSLI2E CERTIFICATE
A$50 fee untst be'vieluded�t�lien suln�uitting tlris fonn to tl�e county recordei•'s office.T'he fee is to be paid hy tlie
Utryer ar persoii fil'uig the dzed.Please make the check pay�Ule to t$e Couuty Recorder.A copy of tlus�VI?C should
Ue prot ided to the property buyei•at the tivie of dasing.
PROPERTY,BUYER,A1VD SELLER Ti�'FORi1iATI01\'
A. FROPERTI'LUC'ATION LEGAL DESCRIPTION-Provide t1�e eoimty naiue:'7uiplatted"a iuetes and
boiu�cis descripiiati{qik•u�tile[onz q»arter seetion is required]or gos-enuneut tot.sectior�.totvuship.and ranez
niuni�er):and�ar`'platted''(lot ntunUer anci%ar block miFnber,and addiziofi name):propeity strzet address(if
applicahle).ai�d city(t}us is die physical location of thz property uot tliz ivailicig addrzss):property ID munber or
garcel�uuiUer(optioual).Attach a cou�plete legal desciYption of tlie pro�ity.
B. FROPERT`Y BL'YER 1�iAILING AI}DRESS AFTER GLOSL'�G-Pro�-ide the Uuyer's fiill name(or
enmpany nauie if buyer is a cavipauy},fiill acicli�ss.aud phane muuUer(uiclud'uig area code).Be stue to uichTde
a coinplete mailing address.If tl�z prop�rty is jointly o��-ned.�rovide the izauie atid cou�plete�naili�ig address of
thz contact person.
Seller's�ame—Please pro��ide the nauFe of the sellef•ui space pro�ided(�lease print).
D-2
401253v8 CBR RC125-388
C. CERTIFIt:ATION BY SELLER-T1ie seller(or designated i�epresentative}should sigu this ceitificate before it
is subnutted to thz county recorder's of#ice.If the seller is iwable to sign the c�ocwnent.tbe huyer(or desipiated
representati�=e}may si�i tlie czrtificate before it is suUmitted to the couuty recorder's office.
D. C:ERTTFIC'ATT01 BY SLYER-If tlie seller is twable to sigu the doci�ent.the buyer(or desigxiated
representati�-e)uiay sipi the ceitificate hefare it is cubuiitted to the coimty recarder's office.Vi�here de2ds are
gi�en in fiilfillment of a Conh�act for Deed the WDC must be signec�by the ba�°er or the persou authorized to
act on behalf of ihe Uuyer.
Signatare Required-There unist be at least one si�uahue ou the certificate.
�VELL Il`�OR�iATIOit
E. �`�LL LOC:�TIOiV LEGAL DESCRIPTION-For eacL�-ell being disclosed the follo«•uig physical location
iufoi7natic�n is reqiiired:
� COliil�tlaril2.C1LITPL112�Orie C]ik'iI'f2T 52Ch011 IS IYCjL11TZfI_�.52Ch611.YOn715Il1P..9I1(�I3II=C IlliI11U2T:9IItUOT
• couuty name.gorenuveut lot.section.to�E�nship,and range numher:and/or
• eoiuity n<�e.lat munber axid or block ntunUer_and addition name
R`ELL STr1TL'S Il!'FOR��IAI'ION-I��dieatz the status of each R�ell.CLeck onl�•one boa.
In tise-A�rell is"ltl liS2��if the��=ell is opeiated on a daily.regular.or seasanal basis.A�cell`'ui use"iuch�s a
nrell that aperates for ihe peupose of irrigation.fu•e protection,or etuergency pumpittg.
Not In Use-��ti-e11 is'•not in use"if tlie t�=ell does uot uaeet tlte defuution of"in use"abo�e aiul has not been sealed
hy a liceused�r;ell contractor.
• If the�vell is`•not in use."is thzre a Minnesota Depaitiuent af Health(MDH)variance for tlus�1-e11?Please
pro�ide the�•ariance ri•ackiug niunUer(T'Iv).ifkua��-�i.
• If the��ell is"not in use."is there au MDH maiutenanee pemut for this�ti�ell?Please pro�-idz ihe pemut munbn�,
if knonn.
Sealed-A�vell is°szaled"if a licenszd 4�•ell contraetor has eaivgletely filled a ti��ell by ptunping grout viaterial
throughout the entire��eil after reuioval of any obst�uctians from the rvell.A Well and Boriug Seating Recard uiust
be on file�vith the 1VIDH.Contact the MI?H to verify if a sealing record is on file.A well is"capped"if it has a metal
or plasric eaF or co�°er�vhich is ilu�eaded.bolted.or R�elded onto the tap of the a-el1 to pre�ent entry into the��-ell.
A ucapped"n ell is not a"sealed"R-e1L
Important�``ell Statvs Informallon:
• The MDH��ill follow-iip«•ith the propeiTy buyer regu•ding any tvells disclosed as"not in tue."If a�yell is``uot
in use."the praperty owner nnist either rehuv the�vell to`'u�use,"hace the���ell"sealed"by a liceused�i•eIl
contractor.or obtaui an avuual n�aiuteuance penuit finm tlie MDH far$175.
• Maintenance pemuts are not h�az�sferable.If a��•ell is"in use,"a niaintenance permit is not mquired.
• If tlie«=ell has beeu"sealed"by soineone other than a licensed n�ell eant��ctor�r a licensed«-ell sealiug
contractor,check the�c-e11 stahis as"not in use."
AddiNonal R'ell Information-Proride the follo�t�ing iuforn�tiou,if kno�tin: Miiuiesata LJnique�'Vell Nimiber or
Sealing Record Ninnber,date of�1-ell constnictiou or sealing.and nanie af liccnsed well contraceor.
SKETCH 11SAP-Complete the sket�h�vap as iustnicted ou the WDC.Tiie location of eacl��ell�iust be indicated.
If the lacatian of a���ell is nat kno��7i.ha�-e the ti��ell located by a person qualified to locate n-ells.such�s a licensed
ttiell contractor.
If you hare questiaus.please coutact the MDH Well Manageanent Section at 651-2Q1-4537 or 800-383-98d$.
To reqiiest tlus docunietrt in anotlter fonnat.ca11651-2�1-4600.Deaf and hard-of-hearing: TTY 651-241-5797.
Visit the MDH Well Mauagement Sectiou.We11 Disclosure Program tvebsite at:
w»nv.he.alth.state.mn.us/divs/eh/►t�e11s1diselosures.
D-3
401253v8 CBR RC125-388
COINI]'USE Oi�Zl' hIDH IISE p�TLT
\II\1'ESOTaDEPARTtIE�T OF HE_�II.TH
R�ell Manageuient Secfion,P.O.Box 64975,St.Paul,Minnesota 55164-0975
651-201-0587 or 800-383-9808
\�'ELL DISCLOSL'RE CERTIFIC:�TE
PLF.�tSE 1�PE QR PRINTALL INFOR'41ATiON
Person filin deed must inctucie a$50 fee a able to the couuty recorder.
A. PROPERTY LOCATIU\I.EGAL DESCRIPTIOi�
Attach a legal descaiption of the property.
Caunty Section No. Tovcroship No. Range No. Quarter(or Governiuent Lot)
Hennepin
Lot No(s). Block No. Addition Name Chrtlot Tract
Property 5treet Address
Cityft'owvship ZIP Code Prq�erty ID No.lParcel No.(optional)
Richfield 55423
B. PROPERTY BUI'ER 11�iAILL\G ADDRESS AFTER CLOSIIG
First Nuue Micklle InitiTt Last N�me
Company Name(if applicabie)
Mailing A�ddress
Mailing Address
City State�Provitue ZII'Code Telept►one No.(including area code)
�ro�-;a�N�Qfs�u�(�l���t� Hausing and Redevelopment Authority En and for the City of Richfield
C. CERTIFICA'ITOl�BY SELLER
I certify tlu�t the infortnation provided an this cetvficate is accurate uid complete to the best of nry lmowledge.
Signature of Seller or Desigpatecl Represem�tive of Seller Date
D. CERTIFICATIOl�BY BUYER
For fulfillment of a contract for deed,the buyer or person authorized to act on behalf of the buyer,must sign a We11
Disclosure Certificate if there is a well on the property.
Tn the absence of a seller's signature,the buyer,or person authorized to act on hehalf of t}�e btryer may sign t}us WeII
Disclosure Certificate.No sig�ature is required by the buyer if the seller has signed above.
Based an disclosure infonnation provided to me by the seller or other available infortnation,I certify tl�at the information
on Wis certificate is acctu�te and complete to the 6est of my knovvledge.
Signature of Buyer or Designated Representative of Buyer Date
IViPORTA\'T l�OTE: The Minnesota Departrnent af Health(MDE�will follow-up with the property buyer re�arding
�ny�vells disclosed as not n�use.If a well rs nof iu use;the property oun�er nmst either retum the well to iese,have the
well sealed by a licensed well contractor,or obtain an azmual maintenance pernut from the MDH for 3175.A copy of t}ris
Well Disclosure Certificate should be pro�7ded to the property buyer at#he time of closiug.
D-4
401253v8 CBR RC125-388
i r c 1II��ESOTA DEPART«1��I'OF HEALTH
�VELL DISC'LOSL`RE C;ERTIFICATE ��cate Totat Nucuher of
PLF.�ISE TYPE OR PRIIYI'ALL IIVFQRILL4T70N
Wells ou Property
e nor [atre
Fill out a separate«rell iufor�iation page if inore than ri�o we11s are located on the property.
E. �VELL LOCATIOl�LEGAL DESCRIPTIOl�
R�ELL#1—If the property}egal description has more tLan ane section,taavship,or range nnmber;quarter(or gacemment lot);or
lot or block ni�ber; tiide c 1 on infoimation re the sicat locatian of tlus well.
Cotmty Section No. Totivnslrip No. Range No. Qttuter(or Govemn�ent Lotj
Hennepin
Lot No. Block Na Additiou Nanr Qutlot Tract 14IN Unique Well No.or�l�na
Record No.
�L'ELL ST:�TL 5(Check only one box) Date of Well Con.s�iction or
WII.L I5. ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licensed Well C�tracxor(3)" S�g
�CaIl 3�H ro srritc aea6sg record is on fle.
Nanie of Iacensed Well Cantractor
If t�well has been sealed by someone other than a licensed cvell conuactor or a ficensed wrll sealtng
contractoi,check!he well stahu as aot in use_ Alsci see"IMPORTANT NOIE°on 1.
If cvell is n�ot in use,is thae an MDH caziance for this ryell? If the►vell is not in nse,is there an MDH maintenance pernut for
❑ Yes ❑ No ilvs well? ❑ Yes ❑ No
If yes,Provide tbe vaziance tracking mimUer(TTV) Tf'ves,provide the peimit number
�VELL#2—If the p�aperty legal desaiption has more than c�ne sectioq tou�.chip,or iufge membes;cp�arter(or gocemment!ot};o�r
lot�btock mm�ber; ovide c 1- al descii am m£onmation r din the cal lacatiou of this a•ell_
Caimty Section l�io. ToamsLip No_ Range No. Quarter(or Cro��emtrent Lot)
Lot No. Block Na Additiou Na� Outlot Tract MN Unique Well Na.or Sealing
Recard No_
R'ELL ST�T[;S(Check only a�e box) Date of Well Construcrion or
WII.L IS_ ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licensed Well C�tractor(3)" SeAI; anw
'CaII D�H m crrity�srab�g record is oa Sk.
Name of Iaceased Well Con�acmr
If tl�well has been sealed by someone otLet ihan a licensed well carihactor a a ficensed wdi sealing
umtractor,check tLe well status as not in u�. A1so see"A4PORTANT NO'FE"on 1.
If well is na in nse,is there an MDH�ariance for this well? If tfie well is not m use,is there an MDH maintenance permit for
❑ Yes ❑ No this well? ❑ Yes ❑ No
If yes,pravide the vaziaace uacicing mimUer(TI`i� ff S'es,Prcn*ide the pernrit nuwber
SI�TCH�L�IP—Sketch t�locadon of the well(s)and i�lude esti�ed @ist�ces from roads,sEreets,and buildiags.If morn t6an
one�ell on properh•,nse ttte well lacation namber aboti-e to id�tif}•each�r-e1L The 2ocati�of the well(s)must be procided.If the
location of a avell u uot kaown,have the avell located by a person qua3ified to locate ccells,such as a IicEnsed well contractor.
Infoin�ation provided on dus fornrn is classified as public infotmation tmder Minnesota Staartes,C7�apter 13_
To request tlus document in another foimat,call 651-201-4600.Deaf and hard-of-heazing. TIY 651-2U1-5797.
Vssit the MDH Well Managemesxt Secrion,Well Disclosure Progl�m owebsite at www healfh.state.mn.us/clivs/ehlwelJs/disclosmrs.
HE-01387-12 IC4�144-Q385 origsiwell disclosvre certificate-instructions 7r21/2011R
D-5
401253v8 CBR RC125-388
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ALL DIMENSIONS TO OUTSIDE SHEATHING
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iContinuousVentilation58cfm �hTEYPAWtik p n r +lo
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i These Numbers are contrived from this formula:Total Ventilation= .D2 x square feet of Conditioned Space+ ( 15 x(number of bedrooms � -` . '°4` __
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� Total Ventilation=A2 x 2890+(SSx(3 +i) °,� � � � � 3
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� i The equation for Continuous Ventilation :Total VentilationJ2
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� Continuous Ventilation = 59 IWWGAREA
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� Total heat needed including ventilation 60,000 btus � n� SCA�E_1/4"=1'0"
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