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071816CompleteAgenda � , CITY OF RICHFIELD, MINNESOTA ;� � ' � MONDAY, JULY 18, 2016 � ,,y �a� @ ! �F � ��r� RICHFIELD MUNICIPAL CENTER !!��--�� - 6700 PORTLAND AVENUE `�1 ��,:, 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 June 20, 2016 2. HRA approval of the agenda 3. Public hearing and consideration of a resolution authorizing the sale of 7333 Emerson Avenue to Endres Custom Homes and a contract for private development with Endres Custom Homes for the construction of a single family home through the Richfield Rediscovered Program Staff Report No. 21 4. Public hearing and consideration of a resolution authorizing the sale of 7533 Dupont Avenue to Endres Custom Homes and a contract for private development with Endres Custom Homes for the construction of a single family home through the Richfield Rediscovered Program Staff Report No. 22 5. Public hearing and consideration of a resolution authorizing the sale of 7033 Garfield Avenue to Endres Custom homes and a contract for private development with Endres Custom Homes for the construction of a single family home through the Richfield Rediscovered Program Staff Report No. 23 6. HRA discussion items 7. Executive Director report 8. Claims and payroll Adjournment Auxiliary aids for individuals with disabilities are available upon request. Requests must be made af least 96 hours in advance to the City Clerk at 612-861-9738. HOUSING AND REDEVELOPMENT �_ � AUTHORITY MEETING MINUTES � , N � ,� ��; �� Richfield, Minnesota �J � � Re ular Meetin g g June 20, 2016 CALL TO ORDER The meeting was called to order by Chair Supple at 7:00 p.m. ATTENDANCE HRA Members Mary Supple, Chair; David Gepner; Pat Elliott; Doris Rubenstein; and Debbie Present: Goettel. Staff Present: Karen Barton, Acting Executive Director/Assistant Community Development Director. Item #1 APPROVAL OF THE MINUTES OF THE (1) REGULAR HRA MEETING OF MAY 16, 2016 AND (2) SPECIAL CONCURRENT HRA, CITY COUNCIL AND PLANNING COMMISSION WORKSESSION OF MAY 24, 2016. M/Rubenstein, S/Elliot to approve the minutes. Motion carried 5-0. Item #2 HRA APPROVAL OF THE AGENDA M/Elliott, S/Rubenstein to approve the aqenda. Motion carried 5-0. Item #3 CONSENT CALENDAR A. Consideration of the approval of a resolution approving the First Amendment to Preliminary Development Agreement with Inland Development Partners, LLC and authorizing the Chairperson and Executive Director to execute the Agreement S.R. No. 18 HRA RESOLUTION NO. 1229 RESOLUTION APPROVING FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT WITH INLAND DEVELOPMENT PARTNERS, LLC This resolution appears as HRA Resolution No. 1229. 2_ June 20,2016 HRA Meeting B. Consideration of the approval of a request to release a New Home second mortgage at � 6822 Queen Avenue S.R. No. 19 Chair Supple thanked Inland Development Partners, LLC for their flexibility. HRA Commissioner Elliott commented on tracking dates of loans. M/Rubenstein, S/Gepner to approve the Consent Calendar. Motion carried 5-0. Item #4 CONSIDERATION OF FORGIVEAT 74�WASHBUIRN AVENUE SvR. O 20NT AUTHORITY DEFERRED LOAN Acting Executive Director/Assistant Community Development Director Barton presented Staff Report No. 20. HRA Commissioner Elliott questioned the underwriting of the first mortgage. Chair Supple commented that the HRA would lose the funds regardless of action by the HRA, but it was more about the benefit to the neighborhood and community. HRA Commissioner Rubenstein asked about the offers being so low compared to the county's assessed value. M/Goettel, S/Elliott to approve the forqiveness of a Housinq and Redevelopment Authorit loan at 7432 Washburn Avenue. Motion carried 5-0. Item #5 HRA DISCUSSION ITEMS HRA Commissioner Goettel discussed a smoke-free housing program to recognize/award smoke-free multi-family housing. HRA Commissioner Gepner asked about the status of the Cedar Point II (Boisclair) and Cedar Point South development projects. Assistant Executive Director/Assistant Community Development Director Barton updated the HRA on the former City garage site, Cedar Point II and Cedar Point South projects. Item #6 EXECUTIVE DIRECTOR REPORT None. Item #7 CLAIMS AND PAYROLL M/Goettel, S/Elliott that the followinq claims and pavroll be approved: U.S. BANK 06/20/16 Section 8 Checks: 127746-127829 $ 156,863.50 HRA Checks; 32718-32757 � 361,313.21 TOTAL 518,176.71 3 June 20,2016 HRA Meeting Motion carried 5-0. ADJOURNMENT The meeting was adjourned by unanimous consent at 7:19 p.m. Date Approved: July 18, 2016 Mary B. Supple HRA Chair Karen Barton Karen Barton Acting City Clerk Acting Executive Director AGENDA ITEM#: 3 REPORT#: 21 �'� STAFF REPORT � � . .� � � ,� � � ; � � HOUSING AND REDEVELOPMENT � � ' �`' � AUTHORITY MEETING �'�' � . , , �� JuLy 18, 2016 REPORT PREPARED BY: JULIE URBAN, HOUSING SPECIALIST NAME,TITLE REPORT PRESENTER: ��N BARTON,ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � f,. � G ATURE /' REVIEWED BY EXECUTNE DIRECTOR: ' •� � J�t/�`K.. r ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7333 Emerson Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a single family home through 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 7333 Emerson Avenue to Endres Custom Homes, and; 2. Authorize execution of a Contract for Private Development between the Housing and Redevelopment Authority and Endres Custom Homes for the redevelo ment of 7333 Emerson Avenue. II. EXECUTIVE SUMMARY Endres Custom Homes (the Builder) is applying to purchase the lot at 7333 Emerson from the Housing and Redevelopment Authority (HRA) to construct a new single family home. The new home would be a two-story home with five bedrooms, four baths, a finished basement and a three-car attached garage. The new home will be 3,300 finished square feet with an end value estimated at $450,000. 071816 Sale of 7333 Emerson to Endres Custom Homes.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • The HRA purchased 7333 Emerson Avenue in 2016 for $65,000, and the existing home was demolished. • Due to the high-demand for the Richfield Rediscovered lots, a request for proposals was issued in May of 2016. Seven applications were received for the lot. The proposed home was selected because it best meets the Richfield Rediscovered Program guidelines. B. PoLicY • The proposed project meets the policy 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. Several features are incorporated to address the design criteria: o The appearance of the garage and garage door is minimized with the detached garage. o The height is minimized through the use of a front gable, so the house doesn't look like a full two stories. o The gable roof design is similar to that of neighboring houses, which will help it blend with the existing neighborhood. C. CRITICAL TIMING ISSUES • The Contract for Private Development (Contract) requires the Builder to close on the property by August 30, 2016, and to complete , construction by February 28, 2016. • All Ftichfield Rediscovered contracts include a provision authorizing staff to grant an e�ension to these deadlines for a period up to six months. D. FINANCIAL • The HRA acquired the 50-foot wide property and structure in 2016 for $65,000. . • The appraised value of the vacant lot is $60,000. • Under the terms of the Contract, the $60,000 will be due at closing. • Under the terms of the Contract, the minimum market value of the house will be $450,000. • 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 • Notice of the public hearing was published in the Sun Current on July 7, 2016. • Mailed notification is not required on this item; however, a courtesy notice was mailed to residents within 350 feet of the property. • The HRA Attorney prepared the Contract for Private Development. IV. ALTERNATNE RECONIMENDATION�S� • Do not approve the Contract for Private Development. V. ATTACIIMENTS • Resolution • Photo of 7333 Emerson Avenue • Contract for Private Development • Elevations and floor plans of proposed home • Site Plan of proposed home VI. PRINCII'AL PARTIES EXPECTED AT MEETING • Dustin Endres, Endres Custom Homes, Inc. HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7333 Emerson AVENUE TO ENDRES CUSTOM HOMES 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: 7333 Emerson Avenue South Legal: Lot 16, Block 9, Irwin Shores, according to the recorded plat thereof, and situate in 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 as Endres Custom Homes, and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 7333 Emerson Avenue is $60,000 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 7333 Emerson Avenue is authorized to be sold for$60,000 to Endres Custom Homes; 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 18th day of July, 2016. Mary B. Supple, Chair ATTEST: Doris Rubenstein, Secretary � ' . . . • � .� f7 .��nF �. � x � P 1 r�; '�,��'`�. �' � ,�� r�. ` � �Yd'�rj +; ` r +{�'c +y t`",� �.�.y.�. �... 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T��t 4 x � �� T,�ir a,� �.� x � � w Y �S�<� � .. . , ' . 1 Y .'7n�i'�F4�° � ,� 'yw'�""'d'�' . i � y . . . . . .,.�' �ty e? � �{+i�;�..a'yt ��-q�t � �.a +"�<� _ s, � ;�: . ,.' , 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 7333 Emerson Avenue South This Instrament Drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield,Minnesota 55423 Telephone: (612) 861-9760 401253v8 CBR RC125-65 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT,made and entered into as of this day of ,20_, by and between the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, having its principal office at 6700 Portland Avenue, Richfield, Minnesota(HRA) and Endres Custom Homes, Inc., a Minnesota Corporation (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: Suildin� 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 RC125-65 1 Construction Plans. The construction plans approved by the HRA pursuant to Section 4.1 of this Agreement. The Coristruction Plans include a schedule for construction of the Improvements, preliminary plans and schematics of the Improvements to be constructed, and a landscaping plan. Develoqment. 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. $450,000, which is the minimum market value for the land and Improvements as confirmed by the Hennepin County Assessor. Mortga�e. A mortgage obtained by the Builder from a third party lender in accordance with Section 7.2 of this Agreement. Pronertv. The real property legally described as: Lot 16,Block 9,Irwin Shores,according to the recorded plat thereof, and situate in Hennepin County, Minnesota Located on land having a street address of: 7333 Emerson 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 401253v8 CBR RC125-65 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 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 RC125-65 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 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 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 $60,000 ("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 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 Buitder'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 RC125-65 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. 5oi1 Conditions and Hazardous Wastes. The Suilder 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. 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 Closin�. 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. Closin . Closing must take place on or before August 30, 2016, ("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 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 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 RC125-65 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 de�cient, 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 February 28, 2017 ("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 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 RC125-65 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 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 noti�cation 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. 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 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 RC125-65 7 require from the date of the HRA's notification to submit evidence of financing satisfactory to the HRA. If the Suilder 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 quali�cations 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 RC125-65 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 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 Suilder as provided in Section 93 of this Agreement: 401253v8 CBR RC125-65 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 (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 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 Suilder under this Agreement to the extent that the same have not therefore been performed by the Builder. 5ection 8.3. Revestin� Interest in HRA Upon Happening of Event of Default Subsequent to Conveyance 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 RC125-65 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 af 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. Conflict of Interests; Renresentatives Not Individually Liable. No HRA of�cer 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 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 RC125-65 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,Inc. ' 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�rst above written. [signature pages follow] 401253v8 CBR RC125-65 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 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 RC125-65 13 Signature Page for Builder 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 RC125-65 14 EXHIBIT A FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certi�es 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 "ContracY') 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 CTTY 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: Kenriedy&Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis,MN 55402 A-1 401253v8 CBR RC125-65 EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED: April 23, 2013 401253v8 CBR RC125-65 B-1 PROGRAMOBJECTIVES............................................................................................................................3 DEFINITIONS................................................................................................................................................3 PROGRAMBASICS.....................................................................................................................................3 APPLICATIONREQUIREMENTS................................................................................................................4 ADDITIONAL REQUIREMENTS..................................................................................................................5 HOUSE DESIGN ANb SITE DEVELOPMENT REQUIREMENTS..............................................................5 NewHouse Standards............................................................................................................................6 SiteStandards.........................................................................................................................................6 ConstructionRequirements ..................................................................................................................6 GeneralStandards..................................................................................................................................7 GreenCommunity Concepts.................................................................................................................8 CITY REVIEW PROCEDURE.......................................................................................................................8 LOT SALE TO BUILDER/BUYER................................................................................................................9 . PROGRAM MARKETING.............................................................................................................................9 DATAPRIVACY............................................................................................................................................9 B-2 401253v8 CBR RC125-65 This document has been developed as a guidance tool for program administration. It should not be interpreted as constituting any contractual agreement or liability by the City or Housing and , Redevelopment Authority(HRA). 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 RC125-65 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 RC125-65 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.cityofrichfield.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 RC125-65 All new houses built under the Richfield Rediscovered Program must meet the requirements of the City's Zoning Code and additional criteria, as listed in this document. A. New House Standards 1. New dwelling must be owner-occupied. 2. Three finished bedrooms are required. 3. Two finished bathrooms are required. 4. Two-car garage is required. 5. A full basement is required, unless the selected design results in a split-level or a garden-level type of basement. In the case of an "accessible" house, a basement may be omitted if it would otherwise prohibit accessible design elements. B. Site Standards 1. After construction, the site must be fully landscaped, including plantings around the foundation. The entire.grounds shall be landscaped and be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining properties. Specific lot line blending requirements may be required, as appropriate,for specific sites. At a minimum, the applicant must meet the "Landscaping and Screening Requirements" in the City's Zoning Code under Section 544.03, Subd.4, General landscaping requirements and Subd. 5, Residential sites. The code is available on the City's website: http://www.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 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"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 the Richfield Rediscovered Program mus# 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 heighf and mass of the new house shaN 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, hovuever, cooperate with the application. B-7 401253v8 CBR RC125-65 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 iandscaping. Steps should be taken to minimize the loss of soil and sediment during construction and occupancy to reduce storm-water sediment and air pollution. 2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural heating, cooling and day lighting, and by using energy-efficient appliances, equipment and lighting. 3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materials and resources. Use locally-produced, salvaged and/or manufactured materials, products with recycled content or from renewable sources, recyclable or reusable materials, and low-VOC-emitting materials. 5. Reduce waste. Reduce and manage wastes generated during the construction process and operation of buildings. If demolition occurs, sort and recycle leftover materials and debris. VII. City Review Procedure 1. Applicant reviews proposed project with HRA staff before plans are finalized. 2. Applicant submits application, plans, and application fee at least 45 days prior to the HRA meeting. 3. An application is considered to be received when delivered personally to. HRA staff in a pre- 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. ff 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 9 9. 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 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 accom�lish this. A program information package wiN 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 RC125-65 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 "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 welis 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 IN AND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director C-1 401253v8 CBR RC125-65 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the corporation, Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Executive Director, of Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation, Grantor. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) Check here if part or all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): This instrument drafted by: Kennedy&Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 G2 401253v8 CBR RC125-65 EXHIBIT D WELL DI5CLOSURE ❑ 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 RCL25-65 ±�,:�r.��ua��vftt�cili6 N I N c s o r +� t��r.u.�s:�ttin P.O.S�x 544�?5 Sf.Paid.TAirsssaEx 55tcd-0$'S 551-'f]f-45R?nr�,t�D-3R9-41id& Y:�IY{7'�IAYlT/p'.IlN/;MN Y.'�lN/1^�/41l171':ti�5 H ` ti�IsI.L 1�14f'1,OSl`tltl+'.SI�111':11�11?1.1. Privr:o�.ier,u�#!�n a-�cai.nt t.sc:1 ur tr,�r:5fcr r�.�l pro�7y.dzc�.12u-lu;�st ah�»;=s.�i�c7�sc i�i ti+ri-�iag!s�•cil �isclas�u:5t<'1-.111G11L�Lj1C 1GC,9t10P_:illi�5tt�hts{;Z•cll.tatt��,dttu_cJ bclm,r-j c�f:il.vcll:�n thc�r�Nat�to tac buy-u. .a1��n��.�if'i dic 1�►1 dru7iple�rn:iird cuintty��I ihe Jnr��rerty.:+n�l;+�;kef::l,r�ap,'i�tuiii�11�e 1�7Leite�ni t-•f e;ic}i wr#i or i�rl;c::�le Ilia�,4rc na�.r11�.;n� tl�r F�atr��rty. �'�ELL DISCLO�IIRE CE1tTIFICATE ��t'ell Disclasure�'erfiYic$te is requv�e�i to be�led��en ttuere are R elLs au the praperh-. ■ �t tt�c.L+11C Ct C1�5111�,C�1:is-�li�1iscE�illfC 5C8tC?71GpI illfviY118ff4f1.2�431t�i7LI1 L1C�Sf+��Cl';i b:ty.s'sr�anic and mstsl:n�zddres�,utu�t tae proti7aerl ov D vdell L�isc_losure�ertih.�te I,W_tl'1 fcum.'Nlieu re:�rding a dred or cs*heP i151r13tICY1?Ot COtl`'C�*BtYCG rcc�niiv,�a Ccrti�-�catc ot Rtat Estat.�+alne(CRl';�,a.eontplc:cd�T.3C mnst bc file4�Ritl�t}:�c c:�.uxty rccvrtt:r,:ne��.1CILLi�3�'�O FtC�8}R:iU�t i0 Cl]C tC'Ulllj'PC�OSt�..f, • Tf[1�wc e•..i Iae�;e��,lr f,1CCi:i�T)�',1ii[I II;C THITIII�ei•uf�srll�.:axul'�n i��e v;GI1�:I:fL-LS�Li,eL:mged.ra r:rti. ��4TiC tuu•1 hc-iled.ti'ctt:r,L3y a�:�itl►fs�+r prc�*in:i;ly f led Wfk'�at: rs x�w.hr�ult�.stei+e•.rnn.zey,"�:vsJrr'�%i►�eti lsl,•7ist�lu5hrrf3,'Jts�[�I:ti�ttcv.,�rlmT. . lf dic inu��r xui stat�as of!xrlls on nc��r�p:ri-j�n7naut uach��cd siacc t�u�.ur�Yrn�aiy�i?cd u'Llt'.�st�tr�c�it �t7ti_t bc�laced aa:li:dcccl ar otl�r�risfn�,��#of cc�u�.-:yaacc that rcads 'Y m�r,fn»uti��:tn tl�a arope;�h� d�srr;bed�ir ttiu irAr�►►�ewi a�d I cr.��i��:l�ar tlr�surtsrs anr�►at.mrbar�o{x°elts olr the rleacs�b�ed�+ectl p►b�•tr�rai�e riot c�rc,r��.d s�nc.c�tt��imst u►-�.'FOtBS�},�1IE��Vt31I c�7SC10SN7tl C�11T,f�tC+71t3."T1us stat.rocin r�t:st bc cciiificd��tLc I,iiyer�rr•xtlt��nid��;�R�M-'i�-re��uirat LC t�e[r arc ao�clls on the gro�crts�,�1ti'cll U#sclosurc C'crtiflratr I�not rctYulred to bc t11cd.Ho�r�.��_tl�:�e yrllrr�us�c�erti�*�ti slatewrul uut,�e rlrrcl crratl�eru�5iruuieiu vCc�c+u•.e��FUU�iluiliratl� "I�if•.�1'rllerc�trlifiesi�rutfne. .Sefler�tfa�s;rc�r kna►��o�f t�r,yiveils on rh�?desrv�her�l re�1�rop��_" IlVSIRi-CIIOlWS FOR�`011�IPLEII�G THE��JELL DI�4L�5'L1i�E C�RIIFIC'�TE ti�SG tOC ffiLiSt UG LL74'�11�Cd iV�'i�fl SIlbSII17llSCli1�t�IlS�Oflll t0 LLlG COI1dYT}'fCiOfa�Cf�i VSf1CC.'I'!x r.'C LS�n E�c paicl4y tlic lni;;tir c�*pcis�a:nluig tiic ciccd_Nlcasc iu��lc t!x�heck�aval,lr ro thi�C'oesr�ltccor�.Y•.A.op�■af t�u:'�b'L3�'�houl� be prv��,�c#ecf t•a the p�Q�e�y Euty�r at the time•�r cEosuig P1LUPh'1L�L Y�13 L!Y�lt,A1�U S�LL�:!!.Lh'Y�C►!2l1L41'Il1N A. PAOPEIi7'�'LO�e17T[1tiT LEGAL DESCRIPITO;r'-t'i»�.�ic�c c}i:cauny narzc;"ur.�plattc�"a Yn_tcs a��i L•�niuds��scripti�a�'quar.ilc�oa��c qc3lfCi S�C�lO(�f4 R'C�]iLCd,�_n��e�cr��:�t It,i�sc�tioii,to�•c��ip.aud rar��c �iinnl+�r:i_ririiL'us.'�ilaltr4l"(Inl wuitl�er sn�cliM��lc,�k u,rm��e��.xucl�u�iilii•.a�ium�t;r lmrt�er�y .izel.iil<li�e�;r(il :q�;tic:drle;..+rul cily(i'ii•,7- IfiC�1}Nr'�iC.il II�L`YI7tNi f!I I�IC lA'i)1)pl:y!1[!I I}IC L�;ailir�g xctilr�a.:i�in�{,�,c��--�Tf7 rnu�d�n��r �ar;ci n�uubcc;�ptiunal;�.Attacl�a complcfc 1��!dcscriptiu�oi t1�t�roputy. S. PI�OPEItT4'BL1�EA b��iIL-II*TG A!}DRE S S�f'TEA CL(�SII`;G-i'rxs Y7�c t�c�uycr's ii�3i:iunc i or t.t�auv vfliu:irl�uy�a•:�u cuuy;�u�L[_dl adJ�r,�.tu�J�:l�uur u�auUr�(iucl:��IuiK Eu�ri r��dr;�.�r�inr lu i:u11�Je �:vu�j�lrtr iui:ilwg neleli��s.lI t1Fe pcvyrrl4�is j;xutl��.+�nr:l,}rruvi�r:1�:ieeuur riiki c�.r�i�y�rte�:uislin�udJms•:►i i=1C��Elt�:uU'SQ{l. 5eilrr's i'�nme-1'l.asc prt,:•idc:�:t�uic af uc scllcr��acc Fiucia:d lplcf,scy�i�u}. D-2 401253v8 CBR RCI25-65 C'. C'�Kllr"1C'A'1'lU�KY��:LL�R-�A'l�e seller(or desf�rnted xe�seiuc�z•e t s�l:��ould si¢n t�us�eiY.ficn-e he�re iv ls sub�uittrd ta uc tutwry rtcordcr s�'icc.if tLc�tll:r is unablc tc si�u thc avc�a�t,tl;c Lxiycr ici desi�riatc;l r�prCSL'lix7T1 ti C)RiT�§iQl1 titC crrtiticatc ixt�rc it is svbn�ttct�l t��itc co�ult�•rx x�dtr's 4#�ic:_ D. C�RTITICATIU�BY DL`YL'R-If th:stllcr is zu�al.5ic tu si�u 1c.3�cueacnt,tli:bo�y�cr�;ur dcs�uatcd Tcjare�rrd��li:eiuuiy�,i�ni Iftr iCi'I1�L'S11C IlC�lflc II IV 41�IIUFIICiI I+�Ihe e�nrtdy�rec��r.ler�s c�ifie�_tWl�e�r�lertl�,.iec �i�°�i�iz�i:lfillntciit�f�C-ouh•act for D�eed thc j'�DC-uiust bc.i�;t�cd uy tht bu�-er ar#he wcrsrn�trtl�orizc�ta a:t oub.haL nfthc�aui:r. Si�v9hu�e Reqairetl-Thcrt nui=_tba:.t i:as*.c�_1C S1�1A171C Otltjlt CCf�1�1�4:C. ��r,r.TiVF(?Rl�i.�Tl{�\� �. Lt�LL LUC��'11UV 1,�L 4L D�SC'KLY'1'!UV-�'c�i cnc6�rcll bein�ctlsekssed the falloa�i;�g p��5aer1 bxz.ti��u� infdriu�ti�r:is rc�urcd: ■ crnm?r nxmt_qt�ar�.ii:14S1C{j112iiCf SCiti01i15 tl'C1:liFG�l,sc:tl3�t'i t(3147i51up.ar3 rutg�mFnthcr.nnii.ror • l'111pI�V qHSI��C.,�_'i}tiCI71T11Cft1.I/lI;tiCl'I1151I.ISILt11VIHli_}lll�lrtiT��r niunl:er:.�i�uUur • cc,.uitr ua�c.lo*,r_iu�Ucr u�l.�ur l��cwk u•;�uutb_r.and additis�n r�amc `4`LLL ST!iTU�INTC)R1Iti�ION I�ulieatt�e st��h:s c�:3cli��cll,C:l�eek nnlF one baa TI�1�Sh':i {:'C1��S t tll I1tiC��1�'�4t1�) iS11�IC7:1�C{�IITI{i S�:111Y.1'��I.t�:ii-itl�i,CY!dX1a1111141'-..A 44'CI��il Ii�.C'.�I1tCiIH3i.f� ;5 c?I tl��at operatss f,u t:x purpo�c ufirrigation fitr pmtc�tion,or cu7cr�rncy�ti�Jiag, Ynl ia Tl,�-A�.veli i�,`1x►I i•i u�n"il 1':ie t�e11 tlae•:utn n�r4 Il�e clrf•u�il;:n�uP`'in u+�'alxwe:irrd fr,�•.FUlI�5tlftl-�er+l�d #�y a Iit�usc,9 zs•rll c4nuact�er ■ if tie rre!!is`-no1 in�re_'zs there 9 hii�u�esotn lleparha�at oi rienitl�(t�4J�H){artau.^��C•C iti1S�.vell'?Plea�e -r•:a�i�1C:I�c v.j�i:njcx h,rckia�:r ruuul�r.r{1�1.�fku:r.tn. . It t�c n�cCl is"a��in nsc."xs tlxrc an MDH raaiut:nanr:.p:rmit t%ar thi��,•cll^?l�asc pm�idt'hc per:�it�uu:br-i�. ;f ku��+�u_ Sealecl-.�.n:;ll i�"scaE�d":t a iiccnsc�u211 c�itrac.c�.ims;c�iuplcccly fitl�d 3•.�'Cll L?��.�Ut17�`7ri��P��Ut 1112.tCf1a.L - l�17it1!_'JIlNlI.�.�ltC1iI77'C 1S•CII IIIICI 1�Clllillr}II;�f rnn� ��h;.I77L1'�IlilflY IftT1`I II1C\YCII. .� ��CI�rir�d F3;Ii77a��1C4I7F1'-�•�KCCt�I't�lllll�I bc��elc:�•itl�thc I�lD"si.Cont�.ct thc 2��?H tu vcrit��it�a sc�lin�r.ct�•d is an filc. ��:LIl is"capp<d"'if'it aa�a nk�l or plASric.ap�e co�-er�,zfiicL•is dueade�.��.1?Yd.or weEdetl aat,�e toE: o�7�2C�;�11 t4�ii�2t'21i ZQ11'�'Sllt4[J1B J�'�i!_ .4 "rsc�►pr�i"tiLS•11 i�:n+�l x"w•ulyd°'wrll. lmpos•tROt tit�cll�tntns Fuformnilan: • Tlie i�II n-ilt iull�ry-t�:ttrieli 11x�uuupenyl*tr;sr r_Far�m�a:x�;4rclls.�isc.lased as'•nut u1 i:s:."If a r:cll ia`•rot ui r�sc:';hc pr�'�7tT[v OTi`I1Cf ll1U51�ihcr�hau tl�c�,rEl�o"id t�sc;':�a-.•c:b��i�_Il"scalc�"try�a lic:n�cd��cil �ti�d�:udc,i.ar��:sin:+ri :atnt�4=l,�rxnilnTi�n:��rnnil ir:nn 11�elbff7H fei $1?�_ • ?l�aintca;ucc p_rmits ar:itot traus�crak+lc,If a;s�.11_s`•io�sc."a u�ai:ltcua:icc pcu�it i�no-rcqiu:c3, � I I��'�{C II�CII Ill3ti IICCII"�t:led°by �:ir�ne�nir ull�ter lln�n fi I��ei��.r�l v.ell c�mirael;rr s�i� .�t liecrex�l�.t•ell tiralin� cnntr:�chx.�hcek#he�s�ell;t��ia -,s"nc�-,n n5e " AdiGlio�nul\\'r!)lufiirvm�lioe�-Niut;�ie Ilic li�llcn.in�*iuki�rii.ili�ni,i(kitnun: Prlirni�uslu Uui+juc�4rll iti�nnbe�-nr �calinsP_ccoc�ZTanibcr.�a::otn;�ll cona:raetion ars��l�t.snd na��f liccn�.cl r,cll cantr?etr,r. :�kh.i�C'H M11�P-('�Hn�.1e�e 16c tikr.cli�iuili nt.ii�Mlii��tecl�ni Ilie 11+1)t'.'I I�r 11�c:a.iiNi n!c.:cl��ti•r11 i�iic:,,lie in�li�rde:l_ Ii't:ie Ea:acic�v ot a�4,:11 is uot kn�t�y��.liat�ti ch=•�;cll irsc3[cd by a�asou qnxliLcd ta]oca:�ti1�cll�,sncl�ss a li�cr_3cc1 ,reil,o:�ti�ctcc Ii yrou]��a4-�quc��x�t.F}ECa]L CI�L�.L t:L:�1VH�4'll I�iau�cm�at Scction at 6�1-op1-�=87 c+r BC��-38�-98�J£�. Tia r�.j�irtil �Iii�:�1;��inr�crd iu,�tmlhr= fi,nn.�l.uall ii51-��11-tfi�.lC.� f3n:+l":tiw(1i�u�;1-e�I=Faa,rri�,,: T'T�'f5 i-3(11-i'�7 Visit di:�.iL1II3JVc11 M�:��+�cnic�tt:�c:tic�.], �NC��DLSCiGSlli':?ro�ram�-cbsitc at: 1lI�iP hs:flIF/1.SI�17R.I1f►1.!tS��t�l}�;lAlt�St�fjS+'t�i�Sf�09!fl'�S. D-3 401253v8 CBR RC125-65 GVTTII C5Z Oti'LY hiDI[i 5L Q*.ZI 111\'1'F,5C1T'1 AF.F.1RTtTF.\T t7F TiF'U.TH '�4r1 M�g:mml unetuai�_U.t3u.tG9!rry.aL P�ull�tnuravia>>1G•t U4I, U:I=.fiJi�tS8'i tn h;Y�-j`��-3�hGS 1ti'}'l.1.1)iSCld)l�il�HR t?I:I:f1F7t:Y1'b: Pl:f4sli iql'Is�0lt�`.,�.►1vT.�ii.L�S�T'QfC�4rli7d,1' Persun€il�n�derzd muat mtluda A�SO'�B dVS�LC�0 fll4 C4Q Sk[4SdEP. A. PRCIPT'.RTS'T.QC:ATTC1ti I.T.CAT DT:�(:RTPTT(}lti RIIN�+6;i Ic!�r�[��w:cT-ipiinu[af II�Ppn�wri_y l'a:m� 5ccteoa A a. '1'a�.r.�Yup Na. Km1mc�!a. !h-�.qr�cr tus Liavrmmc�at Lot; Hennepin LotIrk+�js;. ' IIlock�Vo. �dclitisnRlu�e rJudtat Tratt • PsanErty�4tee r�iddtrss . Itily�'I'�ivnr:}n�� !fV(.cwlr (��inly Il}Ua.�n�:-1\n <<.+,�l�cx�r7J Richfi�Ed 55423 li. 1�LtU1��lt 1'Y J3L1 Y�.1.12 AZ41L1:�C:�ll1Ut��5 41�"1'�K CLCfSLti�; F��rr� �r�aau�� I �►�rr� l'a�nay r�ln�e r�f��na61-J Meilir,g.+�s'csn M�4�aress City �iatr,1Pro;�utice �P Codc TeLephon�cYw�.�utchsdiqe uta t.ade) ��.�d�1��_ll��i:�4��u� Nous;ng and Redetre!apment A«thorit�j in and itx the�ify o�f Richfie€d ' C. C�R7'R�IC:�iTI01 B7t'S�LLLR I ccraif��+hat d:c iafor�at�an pru�aided on Iltis cutific ate is ac,curax ur�eaoe�+kte M the bss;af my lmawle�t- 4ig�rnttr nf Sr?Irr�r I�cwy;nnln3 Kryir��'+�nhlr n�S:[TrT 11at D. CERl'jFTC�I'[IOt BY Bi?�'EI� Frrc fidf�ltFne�t:im 9 rnrtr�rt?nr d�r�i,the h�ry er+xrPrsr.n,vuthnri�.i tn:N nn h�hatf nf tlye lnr�Pr,i7n7st sipui��eal I}i��l+r;erti�i'��rsi firnii�if IfK�n�i�;x iv��ll un Ilic�lrrcr�n�ty In d��,�hsrn+��rf�:a�:ailrn'�.;i�ialiur,th�1xiyNr,�irF»m�ni N�u.l��xi:�.«�d ti,:aci;ni I�li.►1f u(ilia lniyFr ia�;�y tiivio ihi�V�'rrEl Disclosore C?�cificate.No si�nahtre�i°.eusred by ihe taaper i:the s�31er has si�:ried atwv;. B�;ed an disdas«m�fa�matwn piov�dcd to�e L+y thc srilrr nr�thcr nvnilnblc mtomsatcan,Z ecrht3=tlsaE 3L^mtbn�t�t�r�st nn Ous c,z-kific�lc is ucc'LIIflIC kW1�C011l�ll:�t In 1l,e Gr�!uf iuy knu«I�tl�_. ��nanvP�►f F3n��r cr 1?r��pn.�rt+d Ne�rraer�r.3t�ve nf ti;ry-er I lat� • L�YIFOR7r4.s�'f\�TL: Tae:�uuesu�ta Depar4uznt gi Health;1�H;�will ia kl�rtir-�p tivith 8ye Nro��rty lau��r re�,acdi�, auv v::II4�15iI0S2�24 a4;it1 IRSC.if d Y+�II iS IlSt]9 LS�,tLe p14Q°ff'�•ewi�er n;ust eithea r�hun rhe xell tc�usr.have t}ae v�ll 5cu1�5d by r�liccu�td w;:ll cuuLtu�lur,ucol,lsu�au��rxl uaiiulc3u�cc�-7eui�l�viu lLt Mi1Y.:i±r.$l i5.A cu}.v u1:Zi� Lb'r►1 I h';rlmcui�i:rrlifir,iG��.Ir,u►I�1 Iw�fir��ri�L�d In I hi:'311l�6:7'��'If41VC1'4I IIIC lim�•ut�'tn�in� D-4 401253v8 CBR RC125-65 1�1L�Nl�:�(31'A 11�1'.a.221 Ai�1�'1'i}r H�.417H t�'�LL D15C'Li}4lli.�,l.'�l{11l�1L',4'1'� lu:h�zdc 1'vi�iF Vuuil.�y-ut �� PL�l.5�E T�FE t7R PfiIIVT.�iI.L I��'C7R24L1 Tlt74V 4''e�s vn Prop-rty rili�i�t a s�Uu�te:[12�I ktlf�4�iYl1t�C10I1�71�E lt Rt0Y2�l�an��a�ells ar:kx�zed cni�he pra�:�;. 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VL�T 1.4T:1T1:4(['.liw•k�ml;•�rcw ln�si nrlr.�tfVdrll<'sm�.tr�n:{t�N�ir W�I.I IS _ Tn l:.r�Ij ❑ T"iN in TF�r[]) ❑ �^v.s�lyd IryT.��+��:K:l iGril l'anih aclli�[+j' ��` °C:a111�i1Fi M s'rih-�.s'ahng�rrnrrl i c n�fi M. 1��rue ui T.irrre�ail�Grll l.�M,unrlm ll'Il�e�.�rJ[Las t;e�a�tleel i:y�r�e ullxa t!�a h:�u�xl�vell cY;uhacl�:m:�hcv�aicr!��rr7:seaL-ug rnnttarinr Merk rt�e arntl^r�n,zs nnt in nr .AY.�.:ap"T`.f P�RT,ti1JT idt)TF"nn P 1 Ii ueJl is iutt¢uwr,is Ihrlr.au hm[3 4�i��S�u Wa�.rr11" I!riur�.vdl ie u�M iu usz.is tLne�MDH�min(r7�u�::pcaui.!u [ y�; ] � th.is wrtli ] Ycs [ No I C yr�:,;ns�L,c4 il�r va urt�:r u ai�km N i nn d�m�1'1�j 11�}r�.,�m�.•u ir Ilu-rnrm�i u u nliri Sf�TCII]iA,P—Skstch dsr loration of ttu•a�11�sj aa�include:atiumted di�xanccs&a�v r�ads,streets,aadEuitdlL@G.[f mosr t�an �ur xrl!tye En�uperl�,�rnr Uci��a�dl luc3aliu��reml�rr��km�i�!u idrolilj r.B h isial I�W.I[X:1I�Iq1.d�11u�ar�li;•:)n;r:�l�r�nnculyd Ii�lLr loeec�ar_af u wrll is no,lcsumva Lm•_th�nell la=a�od fs.Y a pei�on qa�li 2ic8 ta loea�=u�c]Lk.swh aa e liemscd urcll ecmtrt�ccor. I�anni+ti8n�ni•�od au this fnrm is c]a�siiied as pukrlic mfucarat�an�ndcr Mumc:ota 5sahlxs.C7�a1>�r 11. To re�uc�t t�is Lxum<m in anvdxr farmat,calt 6�1-?�L-�EAC.Deaf amd]w3-of-Hcariog: I7Y,551-'AI-a?9?_ 3%isit the h�I l R�CIS MdL7S�GtttCffi SKtA?4��CII DI6C14511[�G�[Si�E'7YI'il R'CZ7£fX dL: %YI{7t;l�w�!r.s.�tu,urn.::sf:ii�ri�.:�'wn�9s�disr-iqsru�a�:, liF•G1387-1? 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' 1 GRASS Y� AGENDA ITEM#: 4 REPORT#: 22 � STAFF 1ZEPORT � � � �: ,� � � �$ �: HOUSING AND REDEVELOPMENT � � �� AUTHORITY MEETING ��''�`,� - � .� �,, �� .�=� JuLy 18, 2016 � �-� :: REPORT PREPARED BY: JULIE URBAN, HOUSING SPECIALIST NAME,TITGE REPORT PRESENTER: ��N BARTON,ASSISTANT COMMUNITY DEVELOP ENT DIRECTOR NAME,TITLE DEPARTMENT DIRECTOR REVIEW: � ATURE REVIEWED BY EXECUTIVE DIIZECTOR: �, f ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7533 Dupont Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a sin le famil home throu h 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 7533 Dupont Avenue to Endres Custorr� Homes, and; 2. Authorize execution of a Contract for Private Development between the Housing and Redevelopment Authority and Endres Custom Homes for the redevelo ment of 7533 Du ont Avenue. II. EXECUTIVE SUMMARY Endres Custom Homes (the Builder) is applying to purchase the lot at 7533 Dupont from the Housing and Redevelopment Authority (HRA) to construct a new single family home. The new home would be a two-story home with five bedrooms, four baths, a finished basement and a three-car attached garage. The new home will be 3,158 finished square feet with an end value estimated at $435,000. 071816 Sale of 7533 Dupont to Endres Custom Homes.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • The property was abandoned and tax forfeited in 2015. The HRA purchased the property from the State of Minnesota in April of 2016. • The HRA purchased the property for $77,681, and the existing home was demolished. • Due to the high-demand for the Richfield Rediscovered lots, a request for proposals was issued in May of 2016. Four applications were received for the lot. The proposed home was selected because it best meets the Richfield Rediscovered Program guidelines. B. POLICY • The proposed project meets the policy 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. Several features are incorporated to address the design criteria: o The appearance of the garage and garage door is minimized with the detached garage. o The house is only 26 feet wide, which minimizes the impact of the two stories. o The front setback is 35 feet, bringing it in line with the principal building line of the house to the south and minimizing the impact of the two stories. o The adjacent homes are also two-story homes. C. CRITICAL TIMING ISSUES • The Contract for Private Development (Contract) requires the Builder to close on the property by August 30, 2016, and to complete construction by February 28, 2016. • All Richfield Rediscovered con'tracts include a provision authorizing staff to grant an extension to these deadlines for a period up to six months. D. FINANCIAL • The HRA acquired the 50-foot wide property and structure in 2016 for $77,681. • The appraised value of the vacant lot is $60,000. • Under the terms of the Contract, the $60,000 will be due at closing. • Under the terms of the Contract, the minimum market value of the house will be $435,000. • 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 • Notice of the public hearing was published in the Sun Current on July 7, 2016. • Mailed notification is not required on this item; however, a courtesy notice was mailed to residents within 350 feet of the property. • The HRA Attorney prepared the Contract for Private Development. IV. ALTERNATNE RECOMMENDATION(S� • Do not approve the Contract for Private Development. V. ATTACHMENTS • Resolution • Photo of 7533 Dupont Avenue • Contract for Private Development • 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 7533 Dupont AVENUE TO ENDRES CUSTOM HOMES 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: 7533 Dupont Avenue South Legal: Lot 16, Block 22, Irwin Shores, 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 as Endres Custom Homes, and WHEREAS, a Contract for Private Development has been prepared, and the sale price of 7533 Dupont Avenue is $60,000 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 7533 Dupont Avenue is authorized to be sold for $60,000 to Endres Custom Homes; 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 18th day of July, 2016. Mary B. Supple, Chair ATTEST: Doris Rubenstein, Secretary � • • • � • • � ��=� + U� �� 1�� ,�.�� ' � s' t1 Y � �; � � �� "�i�, '��jr '` �:� �t: ' �{�, �.. y�r3 �. t c'`. �Vi�t� �� `��'.> � r{��.� ti ; � ��t'x ��.,�'� �� - t f� :.. � ,ci 1 r„ ,, `f 1 y v . ,�'�'�� 4:'� � �• � �' �? � ' {�.ti"T !tr 4 d�r j ' y �"�/'� i i5L ��. •� t�•,�� t�� }.�q� ��a'^ :i�..,, � 1! ��[:'��"�r+� `��`t� '!fiR' . . s�S�X. : F a . 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R.� , v; a '.:` �': ts �y '; }a r �,,,��t�,� p . �,p"+,��°A.� ,n'"T,�� k�..•.}� : �� •�e . .. ,� a.y.rf j('i. ��R: '� .� . ty 1� ;�'a` . { - i'R�?'�� .,r`at�� .'4 . f��' ..� _ i . ..fl �' , ! . -J JJJ..�.'. 4�. �D. `�I� � � � �S.7�j��`L.:.'� t �� n� ��, �,� ' .:1 �iti � . . .. .. .. „•�E`��;'1�� '>�t``:�,,. �. z . � � r�� : ,,, ,;.�, � �;ri- 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 7533 Dupont Avenue South This Instrument Drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Telephone: (612) 861-9760 401253v8 CBR RC125-65 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT,made and entered into as of this day of 120_, 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., a Minnesota Corporation(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 RC125-65 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. Develoument. 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. $435,000, which is the minimum market value for the land and Improvements as confirmed by the Hennepin County Assessor. Mort�a�e. 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 16,Block 22, Irwin Shores,Hennepin County, Minnesota Located on land having a street address of: 7533 Dupont 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 RC125-65 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. 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 (� The Builder has read and understands the Guidelines and agrees to be bound by them. 401253v8 CBR RC125-65 3 � 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 IIL ACQUISITION OF PROPERTY; CONVEYANCE TO BUILDER Section 3.1. Purchase of Pronertv 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 $60,000 ("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 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 RC125-65 4 Section 3.3. Taxes and Sqecial 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. 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 Ctearance. Ti�e 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. Closin . Closing must take place on or before August 30, 2016, ("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 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 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 3.1L 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 pertnit 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 February 28, 2017 ("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 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 RC125-65 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 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 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. 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 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 RC125-65 7 requi're 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. Glosing 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�opy 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. Reqresentation 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 Against Transfer of Propertv and Assignment of Agreement. For the reasons set c�ut 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 RC125-65 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 5.1. 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: 401253v8 CBR RC125-65 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. Revesting Interest in HRA Unon Happenin� of Event of Default Subsequent 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 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 RC125-65 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 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; 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 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. 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 RC125-65 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, Inc. 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 RC125-65 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 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 RC125-65 , 13 Signature Page for Builder 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 Pubiic 401253v8 CBR RC125-65 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 RC125-65 EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED: Apri123, 2013 401253v8 CBR RC125-65 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 BUILDER/BUYER................................................................................................................9 PROGRAMMARKETtNG.............................................................................................................................9 DATAPRIVACY............................................................................................................................................9 B-2 401253v8 CBR RC125-65 This document has been developed as a guidance tool for program administration. It should not be interpreted as constituting any contractual agreement or liability by the City or Housing and Redevelopment Authority(HRA). 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 RC125-65 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 RC125-65 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.cityofrichfield.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 devefopment 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 eomplete 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 wiA 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 rigtit 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 RC125-65 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 landsca�ing 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 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 profruding 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 CSR RC125-65 E. Green Community Concepts Priority will be given to projects incorporating the green community concepts listed below. Any concepts the applicant would like considered during the application process should be explained , in a written plan submitted with the application. A$5,000 rebate will be provided to the Applicant for projects that obtain certification through LEED for Homes, Minnesota GreenStar or Minnesota Green Communities. 1. Protect and conserve water and soil. To reduce water consumption, consider the use of water- conserving appliances, fixtures, and landscaping. Steps should be taken to minimize the loss of soil and sediment during construction and occupancy to reduce storm-water sediment and air pollution. 2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural heating, cooling and day lighting, and by using energy-efficient appliances, equipment and lighting. 3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materials and resources. Use locally-produced, salvaged and/or manufactured materials, products with recycled content or from renewable sources, recyclable or reusable materials, and low-VOC-emitting materials. 5. Reduce waste. Reduce and manage wastes generated during the construction process and operation of buildings. If demolition occurs, sort and recycle leftover materials and debris. VII. City Review Procedure 1. Applicant reviews proposed project with HRA staff before plans are finalized. 2. Applicant submits application, plans, and application fee at least 45 days prior to the HRA meeting. 3. An application is considered to be received when delivered personally to HRA staff in a pre- 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 RC125-65 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 8uilding 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 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 RC125-65 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 "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 disciosure 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 A UTHORITY IN AND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director C-1 401253v8 CBR RC125-65 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$TAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Executive Director, of Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation, Grantor. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) Check here if part or all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): This instrument drafted by: Kennedy& Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 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. ❑ 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 RC125-65 Minnesota Deparinient of Health M 1 N N E S 0 T A Well Managenient Section � P.O.Box 64975 5t.PauL Mim�esota 55164-0975 651-20I�587 ar 800-383-9808 0� fti�n��.heatth.state.mn.us/divs/e1�/walls WELL DISCLOSLZiE STATEA�TEl�'T Pi7or to si�ung�ii agreeiuent to sell or traiisfer real propei�ty,tl�e seller niust xl�•a�•s clisclose ui��ritin�(e��ell disclosiu•e stateineut)the locatiou and status(«=ell stahis defined belo�4)of all��-ells vii tlie propzrty to the Uuyer. alon��vitl�tUe legal description aud counry of die property.and a sketch map sho��•iug the location of eacii n-ell or uidicate there are no�vells on the property. WELL DISCLOSL'RE CERTIFICATE A«'eU Disclosure Certificate is requu�ed to be filed«heu there are zvells on ttte propei�t��. • At the tiuie of closing.tl�e�i-e11 clisclosiue stateiueut infoiviation.along��-ith tli�property Uuyer's uanie and uiailuig address,unut be pro�•ided on a Well I}isclostue Cettificate(WDC)forin.��Vlien recordsn�a deed or otlier iushluuent of con�ey�nce reqiuring a Certificate of Real Estate Vahie(CR�+7.a coiupleted��VDC iu�ut be filed�vit}�the coiuity recorder,inclucling a�50 fee payable to the coiuity recorder. • If tliere is a pre�-iously filed�VDC and the nuiubzr of«•ells anci�or the cvell stahis lias chaugeci.a ne«'WDC II1i15T Ue filed.You may searcli for pre�iously filed«rDCs at: st�tnv.henith.state.�rrrr.r�r/dii�s/ehhvellsldiselosur�sfdisr.lninrer:hhril. • If the ntuuUer aiici stanis of«-ells ou the pro�ty reu�ain unchan�ed since the pre�=iously filed��i77DC'.a statenient nnist be placed on d�e deed or otlier iusmuuznt of con�-eyancz that reads "I am fnmiliar tivith the pf�o�er7y described in this insn7v►:ent nnd I cer�tify that the stnt��s arrd ntnnber of x�ells on the.deseribec�real proy��tp hc�ve not chnnged since the lnst p�e►�iousJy filed x�ell disclosrere r.er7ificate."Tlus statem�rt iuust be certified l�y the Uuyer or seller aud no��VDC is required. If there are no n•ellx ou the propert��,a�rell DiscMsure Cerrificate is not i�equired to be filed.Ho�a-e�er,the Seller iuust ceitify a st�teuieut ou tlie deed or otlier iustnuuent of cou�eyance tl�at reTds "T�IE S2II�i'CB)'1lfPS t�}[!t tj76 Seller does not knvw of am��vells on the dese�zbed real prope.r7y." INSTRUCTIONS F�R COAIPLETL\G THE�'ELL DISCLOSL'RE C'ERTIFIGATE A$_SO fee must Ue included tvlien subnuttutg tlus fonn fo t�ie caunry recorder's office.T'hz fez is to be paid by the bu}+er or pei�son filuig tlie deed.Please i��ke the check pay�ble to the Coiurty Recorder.A copy of this�VDC'shonld be pnovided to the property buyer at the tiuie of eiosiug. PROPERTY,BI?YER,Al�'D SELLER I1�'FOR11iATION A. PROPERTY LOCATION LEGAL DESC.RIPTIOl\T-Pm�id�the coiuity name:°implatted"a metes and botuids description(quartile[OIYZ tilill'IZt SZCL1011 15 IYC1t1llY(1�OY$O�ZllllllZllt LOY.SZCh01l,t4�VllSI11�.821d Mc 11�C inmilaer):aud''or`•platted"(lot inuul�r aiixi'oi�blocl�numb�r.aud additi�n name):pro�rty strzzt addrzss(if applicaUle).and city(tlus is tliz physical location of the property not tlie ivailiug address):propeity ID munber ar parcel utuuber(optioi��l).Attach a complete Iegal desciYgtion of the�ropeity. B. PROPERTY BL'I'ER DZAII.II�G ADDRESS AFTER CLOSII�G-Pro�-ide tlie Uuyer's fiill name(or COII1�2Ily I11111Z lf UllyZf 15 2 COI111J311y},filll�(�C�.t�SS.Ailt��7�1QliZ I1ll111U21'�111CI11(illlg BTe�i COC�Z�.Be SilfZ t0 ll1Cil1(ie a complete mnilin�adc�•ess.If tl�e prQpeiKy is jaintly azt�ed.pro�>ide the ik�me ai�a couiplzte maitui2 acldress of the coutact�xi�son. Seller's l�ame—Please proj-ide the uame of the seller iu space pro�°ided(Z.ile�se pruit). D-2 401253v8 CBR RC125-65 C. CERTIFIC'ATION BY SELLER-Ihe seller(or designated represeiitative)should sign this certificate before it is submitted to tl�e coiwty recorder's oftice.If tl�e seller is imaUle to sigu tl�e dociuuc�it.thz Uuyer(or desienated representatice)uiay sigsi the cei�tificate before it is subiiutted to the coimty i�ecorder's office. D. CERTIFICATIOn BY BLYER-If die seller is unable to sipi the docuiuent.the buyer{or desipiated represeutative)ii�y sign the certificate befare it is subiuitted to the coiuity recorder's office.Where deeds are gi�en iu fiilfilhxieiit of T Couh�aet for Deed flie��VDC mnst be signed by the bu��er or the p�•son�utltoiized to act ou belk�lf of the Uuyer. Signature Required-Tliere uiust be at least one signahue ou the certificate. ��'ELL INFOR�iAT`IDr E. «'ELL LOCATION LEGAL DESCRIPTION-For each�•ell being disclosed the follo��•iu�pl�ysical location infoimation is required: • cotuity�iue,qt�rtile(oue quarter secrion is required).section.to�a=uslup.aud raiige inunber:andJur • cotniry uame.gor•enu�ient lat.sectiou.to��nship.and range niunber:ancUor • coimty uaiue,lot nttuiUer aiidror block nwiiUer.and addirion ikuue �\'ELL STATL'S IIVF�R11iATI01\7-Tudicate the stattis of eaeh�ti•ell. Cl�eck onl`•one boa. In Use-A�t=ell is'`iti use"if the i�-ell is operated an a daily.regular.or szasoiial basis.A�vell"i�i use"in�hides a «-z11 tl�at opei�ates for the puipase af imgatioi�.fire protection.or emergency piunping. Not In LTSe-A«�ell is`3iot iu use"if the��-e11 does nat meet tlie defnution of•'iu use-'aboce and lias nat been sealed Uy a licensed�z�ell contractar. • If the��ell is"not in use:'is tliere a 141uuiesata Deparhueut of Healtli(MDH)�-ariauce for tlus��-ell?Please pro�-ide tue raiianee hacking nwuher(TN).iflniot�-n. • If the��-ell is"not in use."is there an MDH niaintenan�e perniit for this c<<ell'?Please prov ide tl�e pem�it niunber. if kuo�vu. Sealed-A�vell is`'sealed"if a licensed tirell contractor l�as compl�tely filled a�tiTell Uy ptuupuig gmut n�aterial tluvughout the entire��-e11 after removal of airy obshuctions from the Za�21I.A t�VZl�T11C1 B01711�Se�►lin_Record must Uz on file�<<ith tlie MDH.Contact the MDH to cerify if a sealing record is ou file.A�vell is"c�pped"if it has a iuetal or plastic cap or covzr�e-luch is threaded.bolted or t�-elded onto tl�e top of the��-e11 to pre�-ent entiy urto the��-ell. A"capped"��-ell is not a"sealed"R•ell. Impoi�tant�'4'ell Status Information: • The MDH��rill follo«--up�vith the property l�uyer rz�ard'uig any�j�ells discloseci as••not ui use."If a«�ell is"not ui use.''the propeity octYier unut either Khu�u the iz°eIl to"iu use."h��-e the i��ell"sealed"Uy a licensed tvell contractor.or oUtaui au amival ivanitenance peiYiut fi•oiu the A�IDH for$175. • Mauitenance penuits are not h�iisferable.If a t�•ell is"iu usz"a maiutenauce pernut is uot reqiured. � If tl�e��-ell l�as been"sealed"Uy sanieone otlaer ti�w a liczused n-e11 conh•actor or a licensed��ell sealine eouti�ctor.check the��-e11 stahu�s"i14t ll11152." AddiHoual«'ell Information-Pro��de tlie follo�t-ing inforuiarion,if lcno��'u: Minuesota Unique Well N�uitber or Sealuig Reeord NiuuUer,date of�vell cuustnictiou or sealing,and uame of licensed�rell contraetor. SKETCI311iAP-Coiiiplete tlie sketch xuap as inshucted rni the VJDC.The loc�tion of eacli��-ell must Ue iudic�tecl. If the location of a��rell is not luiot�Yi.h�tce the�c-e11 ldiated by a person qtt�lified to locate n�ells.si�ch�ts a licensed �ti�ell couti�ctor. If you ha�-e questions.please cont�ct diz I�iDH�Vell Managc�uent Section at 651-?O 1-4587 or 800-383-9808. T�request tlus doctun�it ui anotlier foiYnat,call 651-2U1-�b4�.De9f and l�ard-of-heariug: TTY 6_51-201-5?97, Visit tliz MDH«7e11 Matiaeeuiecit Section.�'ell Disclustu�Prosram�t-zbsite at: t+�ins�.henith.state.rn►►.e�sldivs/eh/►t�ells/c�isclosr�res. � D-3 401253v8 CBR RC125-65 COIT1�TSi USE 011Z1" AIDH LT.SE ONI.1' �II\TESOTADEPART1iE\T OF HE.�L.TH jVell Mauagement Secttoa P_O_Box G1975_St Paul,IvF3nnesota 55164-0975 651-2(11�587 or 800-383-9805 \�'ELL DISCLOSURE CERTIFIC.�TE PLEASE TfPE OR PRINTALL INFORMATION Person filin deed must iaclude a S50 fee a able to the coun recorder. A. PROPERTY LOGATI�N LEG.AL DESCRIPTIU:� Attach a legat description of the property. County Section No. Trnsnship No. Range No. Quarter(or Ciovermue�t Lat) Hennepin Lot No(s)_ Block No. Addition Name Outtot Tcaet Properiy Street Addreas City/I'oa�nslup ZIP Cade Property ID No.lParcel No.(aptional) Richfield 55423 B. PROPER7Y BLTYER AiAILI�'G ADDRESS�IFI'ER C'LOSI�G First Name Middle Imtial Last Name Compaay Name(if applicablz) Mailing Address Ivlailing Address City StatelProcix�ce T1P Code Telephone No.(including area code) �titia�N�of�eu�(�1��t> Housing and Redevelopment Authoriry in and for the City of Richfield C:. CERTIFICATIOi�BY SELLER I certify Wat the infonnation protilded a�n this cerlificate is accurate a�d cowplete to the best of my Imowledge. Si�nature of Seller or Desiguated Representatite of Sellcr Date D. C'ERTIFICATIOi�BY BL'YER For fuifillaient of u couhact for deed,the buyer or person authorized to act on bel�alf of the buyer,must sign a Well Disclosure Certificate if there is a well on ihe properry. In the absence of a seltes's siguahtre,the buyer,ar person autliorized to act on belialf of the buyer uiay sigu tlus Well Disclosure Certificate.No signature is required by the buyer if the seller has signed above. Based on disclosure inforuiation pro��ided to me by tlie seller or other available iufont�tiou,I certify that the i�ifornuirion on tlus cei4ificate is accueate and eouiplete fo the besf of my knowledge. Signature of Buyer or Designated Representatiti e of Buyer Date I�IPORTA:\T NOTE: The Minnesata De�arnnent of Aealth(MDH}�vill follow-up with the propeity biryer regarding any a ells disclosed as not in tue_If a well is not in use,the property owner must either rehuv the well to use,have the u�ell sealed by a liceused well contractor,or obtain an annual maintenance peruut from the MDH for$175_A copy of this Well Disclosure Cerhificate should be prcn�ded to the property buyer at the time of closing. D-4 401253v8 CBR RC125-65 N I N s o r. AiL'�1\ESOTA DEPARTI�IE\T OF HEALTH �'VELL DISCLOSL'RE CERTIFICATE �dicate Tota1 Nwuber of PLEASE TYPE OR PRINlALL INFOXI�IATION Wells on Property ��1 EMi0/ Fill out a separate�iell iufcrnnation page if more tl�an tn�o wells are located on tlie proPe�ty. E. �YELL LOCA'TIO:�LEGAL DESCRIPTIOi� �VELL#1—If the property legal deseription has more than�section,to«v,stup,or tange ntuuber;quarter(or goye:nwent lot);or lot or block number; cide le �on infoimation re din the h sical location of tlus we11. Couuty Section No. To��nship No. Range No. Quacter(or Crovemment Lot) Hennepin Lot No. Block No. Addition Name Outlot Trad MN Uuique Well No.or Sealing Record No_ �i'ELL STAT[i S(Ctteck only one box) Date of Well Construction oc WELL IS: ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licensecl Well Coniractor(3)'' �+� "CaII a�H oo�r�sealug rerord is oe�e. Name of Licensed Well Ccmtr�tor Ifthe�vell has b�n sealed by someone other fhan a licrosed Fcell conhacta or a ficeused well sealing contractor,check the well status as nW in use_ Also sre"IMPORTANT N07E"on e 1. If well is not in use,is there an MDH�anance far dus�vell? If tt�e tvell is noi in use,is thetr an ivIDH maintenance peiunt for ❑ Yes ❑ No this aell? ❑ Yes ❑ No If yes,pro�*ide the�ari�ce Uracking munber(Tl+n If}rs,Fumride tbe penmt numUer �YELL#2—If the lxopu7y legal desaiption Las more t6an�e sectioq townstup,or r�tnge nuinUer;quarter(or gocemment lot);or lot a�block uua�er, mride c � �infoimation re the sical lcearion of 4eis u�ell_ Cotmty Secoion No. To�vnship No. Rauge No. Quazter(or Govelntx�tt I.at) Lot No. Block No_ Addition Name Oatlot Tract MN Uaique Well No.or Sealing Record No. R'ELL ST?ITtiS(Check only one boxj Date of Well Co�s�iction or ��ELL IS: ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licensed Well Crn►uactor(3)* ��g "Call➢m$to�rnic mliag mord is oa Sk. Name of Licensed�Vell Co�tractor If the well has been sealed by sonbrone ather thau a ficensed a�ell conhactor or a ficensed well sealing conhactor,check the cvell status as not in nse_ Also see"IMPORT.�I2JT NOIE"on e l. If well is�t in use,is there an MDH��iance f�dns�ell? If the well is uot in use,is�ere an MDH maintenance pernut f� ❑ Yes ❑ No this a�rll? ❑ Yes ❑ No If yes,pmcide the variance haclaug n�xu�r(IT� ff}9rs,pracride ihe pemrit nwuber SKETCH�L�P—Sketeh the location of ihe tivell(s)and'mclude estimated distauces fram iaa�s,streets,aud lxrildings.If more tLan one�rell ou prope;�h•,use the�cell locatiou namber abo�°e to identif�-each n�ell The location of the u ell(s)uwst be prozzded.If 11be locatia�of a well is not kno�+n hare the well located by a person qualifiecl to locate�lls,such as a licensed�vell contractor. Infanvation pro�idect ou ttus fo�u is dassified as pulslic uii'rnmariaai iuider Minnesota Statutes,Chapter 13. To reqi�est this docuuient iu anofher frnmat,call 651-201-46d0.Draf and Lard-of-heazing: TTY 651-2Q1-5797. Visit the MDH Well Management Sectio�t Well Disclosure Prog�'ania•rbstite at: N�s�txlaealtlr.stnte.mrt.rrsldiisleJ��ellsldisclosrrr•es. HE-01387-12 IC#140-0385 origs'�n�ell d"asclosure ceitificate-instnirtions 7;21i201 dR D-5 401253v8 CBR RC125-65 � IY I � I I f DORMERPLATE ; a i 6 �6 � � I _ p O � � -- -- anz a I - SECOND LEVEL CLG N 6:12 UA � u�� EIBEA.CHJ,�NT30fY�TAtAIA:AFfRS_/ � Ps�w.vSxH��tS � 11lST.4Ll BAGKIHG PER ANlFft.SIXJfE BUILP OUi ER:';ZE3/6' I �' � _` I�� dm --= ��i�� -- i��'i�' - z� , � �� -� �, -_ - - __ __ _, �; _� � � ! --- �� N =_- � �! "- - _-_- - = --__= � - � - - �� 5i:x88E1i1"BANG — — ---- _-- — — — Q � SEf iOF OP PORCN ROC�A 7 JZ' Q I dELON'BOITOMOFSECGND=� �-- � '_-- ___ —� _ � i ---�-- riouewiucow —ASPHALT — — — -- --- � SHINGLES—�, 412 ---- f ��MAW LEVEL CLG I' __ — — — ____— �- � I --- — -- -- ----- ---- — Z � ac;io our Hen�,Tse.i s!a„ — -- i i ' � _ �_-� -_ - __ -_---- - �i - _ � _. � � � I I - � I !I -- !� � -- -- - - � � - - �'�� - -- - ---- ---- -- i � —_- ,; — —� �� -- — _= -- � _-__— — -- — , � — ' --- � -- - __- — --_=_�_----_- - - ( — JI _J� -- i 0 F:aeacer,ne�:ri.a s�oin:, —— ---- i � — — — — — --- — '--- — —� -- — -- --- i�MAIN LEVEL FLOOR -- ---- � — tRACe-,. — ^ ---�-- cE 1 BASEMENT CLG GRAG� E.—�RPDE � Exterior Elevation Right 3/16"PER FOOT SGALE E�erior EleVation Front 1/4"PER FOOT SGftLE i � i �6 � �e .�„ 6:12 � �� ASPHALT—'� 6I— ° I�SHINGLES s iz 6:12 _ � I�� -_�� =��z��= � - -_-- � -- h --__ —_— _ —_�_ —_ —_ __ 5 --.—_— _ -- _ ____ � a, — --- --- ------_ ---- ---- - m y o __—_�-- �couei T _— �_ — _— _ p ^' aa, — _ _ __— _lz 72 p �(1 I -- _ —� ___ ., 4 . Q,y — ✓ — q� ». _---- _— __ ---�_ 5 , o �.x,� —._—_--� -- —_—_ � —— a �� —�--_ --� � —_ v� 'O o`, l7 �� — __ � � FPa„�,._ —_-- � � = i =-- � � _ � , �� K?LL ✓`� � ; U � t — I _— _'_— ��--- -- __— _—__ ... ' � � — _ — _-- _— -- --_�— — DATE: ° _ — — --- --- ---- __ -- 5J2J207.6 _ �'•aL't GR = __—'-- ___ ___ GRAD� SCALE: i Exterior �levation Back �xterior Elerration Left SHEET: . 3/16"PER FOOT SGALE 3/1b"PER FOOT SGALE a � � - --�E' ,� — -I�— `G-9I;4.,� T-2374� �y z 0 �--2'-5]/6' . 2'-1�9176" 0. I � e I � I N __--� I '�h € -12'.?3!4' 15-21jS' I Q S , , _=� F--- w (:A2fu`59f1 - I �} � -- _�'__" �+-2.li,. 10�1/4 -- 12 93/� 2 41f. f0 I —_ - — ' _ ,T ' a _a53 �- � �— � �Q � ,_9,_.,, t ,,_e 4'-" � 19' 4-F� Z ln 1 / v � `�4 � r I I �} i � �� } I I �,tlA I I / 'll� ° I' I I �-2bl/4'�2 i —S'-171YG' �Z-�-`L�611+" I LL� IC"7� R �)Fl_.R�H IH P:�.Y � _ I I I I � ( �W I q� . �� I�IN; .,a - \' _ . 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REPORT PREPARED BY: JULIE URBAN,HOUSING SPECIALIST NaNrc TITLE REPORT PRESENTER: ��N BARTON,ASSISTANT COMMUNITY DEVELOP NT DIRECTOR NAML TITLE DEPARTMENT DIRECTOR REVIEW: � SIGNA 1 REVIEWED BY EXECUTNE DIRECTOR: �� ITEM FOR HRA CONSIDERATION: Public hearing and consideration of a resolution authorizing the sale of 7033 Garfield Avenue to Endres Custom Homes and a Contract for Private Development with Endres Custom Homes for the construction of a single family home through 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 7033 Garfield Avenue to Endres Custom Homes, and; 2. Authorize execution of a Contract for Private Development between the Housing and Redevelopment Authority and Endres Custom Homes for the redevelo ment of 7033 Garfield Avenue. II. EXECUTIVE SUMMARY Endres Custom Homes (the Builder) is applying to purchase the lot at 7033 Garfield Avenue from the Housing and Redevelopment Authority (HRA) to construct a new single family home. The new home would be a two-story home with four bedrooms, three baths, and a two-car attached garage. The new home will be 2,246 finished square feet with an end value estimated at $400,000. 071816 Sale of 7033 Garfield to Endres Custom Homes.docx III. BASIS OF RECOMMENDATION A. BACKGROUND • The HRA purchased 7033 GarField Avenue in 2015 for $110,000, and the existing home was demolished. • Due to the high-demand for the Richfield Rediscovered lots, a request for proposals was issued in May of 2016. Five applications were received for the lot. The proposed home was selected because it best meets the Richfield Rediscovered Program guidelines. B. PoLICY • The proposed project meets the policy 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. Several features are incorporated to address the design criteria: o The front setback is 40 feet, bringing the house in line with the adjacent houses and minimizing the impact of the larger house. o Living space above the garage and the 20-foot porch entry minimize the impact of the two-car garage door. o The height is also minimized through the use of gables and varying roof heights. o The gable roof design is similar to that of neighboring houses, which will help it blend with the existing neighborhood. C. CRITICAL TIMING ISSUES • The Contract for Private Development (Contract) requires the Builder to close on the property by August 30, 2016, and to complete construction by February 28, 2016. • All Richfield Rediscovered contracts include a provision authorizing staff to grant an extension to these deadlines for a period up to six months. D. FINANCIAL • The HRA acquired the 50-foot wide property and structure in 2016 for $110,000. • The appraised value of the vacant lot is $60,000. • Under the terms of the Contract, the $60,000 will be due at closing. • Under the terms of the Contract, the minimum market value of the house will be $400,000. • 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. LEGA�, • Notice of the public hearing was published in the Sun Current on July 7, 2016. • Mailed notification is not required on this item; however, a courtesy notice was mailed to residents within 350 feet of the property. • The HRA Attorney prepared the Contract for Private Development. IV. ALTERNATNE RECOMMENDATION(S� • Do not approve the Contract for Private Development. V. ATTACHMENTS • Resolution • Photo of 7033 Garfield Avenue • Contract for Private Development • Elevations and floor plans of proposed home • Site Plan of proposed home VI. PRINCIl'AL PARTIES EXPECTED AT MEETING • Dustin Endres, Endres Custom Homes, Inc. � HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 7033 GARFIELD AVENUE TO ENDRES CUSTOM HOMES 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: 7033 Garfield Avenue South Legal: Lot 13, Block 4, Augsburg Park, according to the recorded plat thereof, and situate in Hennepin County, Minnesota together with that portion of the alley which accrued by vacation thereof as evidenced by Resolution filed May 27, 1947 as Document No. 242155 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 CustorYi Homes, and WFIEREAS, a Contract for Private Development has been prepared, and the sale price of 7033 Garfield Avenue is $60,000 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 7033 Garfield Avenue is authorized to be sold for$60,000 to Endres Custom Homes; 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 18th day of July, 2016. Mary B. Supple, Chair ATTEST: Doris Rubenstein, Secretary Photo of 7033 Garfield Avenue �t,?�'�, j � ��,Y�� b�L w.s � . .� i'�„ r � �'i.�f�xf�"�If� i;��"' � .�`��..► .-� ^ �� OZL X J�\\•� �l f� � .. l.,� �i �.��Y 1` �4 f µlr. K , ' 1\��.��` ��ll♦ �;, t��: t r'�� `� � � }� �,. ti. � 'k �' 1 + � t� N s� + � .. 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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 7033 Gar�eld Avenue South This Instrument Drafted by: The Housing and Redevelopment Authority in and for the City of Richfield 6700 Portland Avenue South Richfield, Minnesota 55423 Telephone: (612) 861-9760 401253v8 CBR RC125-65 CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, made and entered into as of this day of ,20_, by and between the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, having its principal office at 6700 Portland Avenue, Richfield, Minnesota (HRA) and Endres Custom Homes, Inc., a Minnesota Corporation(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 RC125-65 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. Develonment. 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. $400,000, which is the minimum market value for the land and Improvements as confirmed by the Hennepin County Assessor. Mort�a�e. A mortg�ge 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 13,Block 4,Augsburg Park, according to the recorded plat thereof, and situate in Hennepin County, Minnesota together with that portion of the alley which accrued by vacation thereof as evidenced by Resolution filed May 27, 1947 as Document No. 242155 Located on land having a street address of: 7033 Garfield 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 401253v8 CBR RC125-65 2 B. Program Guidelines—Lot Sale Program 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 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 hereo£ (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. Bv the Suilder. 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 RC125-65 3 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 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 $60,000 ("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 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 RC125-65 4 Section 3.3. Taxes and Suecial 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. 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 Closin�. 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. Closin . Closing must take place on or before August 30, 2016, ("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 a cash deposit for the escrow account established pursuant to Section 5.1, in addition to the Purchase Price. Section 3.8. Closins 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 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. 401253v8 CBR RC125-65 5 Section 3.11. Well Disclosure. HRA's knowledge of wells on the Property is disclosed in Exhibit D. ARTICLE IV. CONSTRUCTION OF IMPRO.VEMENTS 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 February 28, 2017 ("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. Certi�cate 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 Certificate of Completion in the form attached hereto as Exhibit A. Such certification by the HRA shall be a conclusive determination 401253v8 CBR RC125-65 6 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 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 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 tlie 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 i£ (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�scrow 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 401253v8 CBR RC125-65 7 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 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. 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 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. Reqresentation 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 Against Transfer of Propertv 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 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. 401253v8 CBR RC125-65 g (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. (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 perfortn any covenant, condition, obligation or agreement on its part to be observed or perfortned 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 c�ate 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 RC125-65 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. Revesting Interest in HRA Upon Happening of Event of Default Subsequent 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 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 401253v8 CBR RC125-65 1� (e) The Builder fails to comply with any of its covenants under this Agreement, 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 VIIL 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 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 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 RC125-65 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, Inc. 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 RC125-65 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 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 RC125-65 13 Signature Page for Builder 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 RC125-65 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 1N 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 RC125-65 EXHIBIT B PROGRAM GUIDELINES-LOT SALE PROGRAM RICHFIELD REDISCOVERED PROGRAM GUIDELINES LOT SALE PROGRAM REVISED: April 23, 2013 401253v8 CBR RC125-65 B-1 PROGRAMOBJECTIVES............................................................................................................................3 DEFINITIONS................................................................................................................................................3 PROGRAMBASICS .....................................................................................................................................3 APPLICATIONREQUIREMENTS................................................................................................................4 ADDITIONALREG2UIREMENTS...................................................................................................................5 HOUSE DESIGN AND SITE DEVELOPMENT REQUIREMENTS...............................................................5 NewHouse Standards............................................................................................................................6 SiteStandards.........................................................................................................................................6 ConstructionRequirements...................................................................................................................6 GeneralStandards..................................................................................................................................7 Green Community Concepts.................................................................. ................................................8 CITYREVIEW PROCEDURE.......................................................................................................................8 LOTSALE TO BUILDERIBUYER................................................................................................................9 PROGRAMMARKETING.............................................................................................................................9 DATAPRIVACY............................................................................................................................................9 B-2 401253v8 CBR RC125-65 This document has been developed as a guidance tool for program administration. It should not be interpreted as constituting any contractual agreement or liability by the City or Housing and Redevelopment Authority(HRA). 7he 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. 7hese 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 befinreen 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. Confract 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 CBR RC125-65 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 RC125-65 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.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 RC125-65 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. 6. 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 landscapina requirements and Subd. � 5, Residential sites. The code is available on the City's website: http:/Iwww.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 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"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 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 RC125-65 E. Green Community Concepts Priority will be given to projects incorporating the green community concepts listed below. Any concepts the applicant wouid like considered during the application process should be explained in a written plan submitted with the application. A$5,000 rebate will be provided to the Applicant for projects that obtain certification through LEED for Homes, Minnesota GreenStar or Minnesota Green Communities. 1. Protect and conserve water and soil. To reduce water consumption, consider the use of water- conserving appliances, fixtures, and landscaping. Steps should be taken to minimize the loss of soil and sediment during construction and occupancy to reduce storm-water sediment and air pollution. 2. Minimize energy consumption. Reduce energy consumption by taking advantage of natural heating, cooling and day lighting, and by using energy-efficient appliances, equipment and lighting. 3. Enhance indoor environmental quality. Use non-toxic materials, ventilation and exhaust systems, and moisture control products and systems. 4. Use environmentally-preferable materials and resources. Use locally-produced, salvaged and/or manufactured materials, products with recycled content or from renewable sources, recyclable or reusable materials, and low-VOC-emitting materials. 5. Reduce waste. Reduce and manage wastes generated during the construction process and operation of buildings. If demolition occurs, sort and recycle leftover materials and debris. VII. City Review Procedure 1. Applicant reviews proposed project with HRA staff before plans are finalized. 2. Applicant submits application, plans, and application fee at least 45 days prior to the HRA meeting. 3. An application is considered to be received when delivered personally to HRA staff in a pre- 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 RC125-65 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 befinreen the HRA and the Builder or Buyer. 2. The HRA will pre�are 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 rriortgage 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 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 RC125-65 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 "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 IN AND FOR THE CITY OF RICHFIELD Affix Deed Tax Stamp Here By Its Chairperson By Its Executive Director G1 401253v8 CBR RC125-65 STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the corporation, Grantor. NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing was acknowledged before me this day of , 20_, by , the Executive Director, of Housing and Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the corporation, Grantor. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RAK) Check here if part or all of the land is Registered(Torrens)❑ Tax Statements for the real property described in this instrument should be sent to (include name and address of Grantee): This instrument drafted by: Kennedy& Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 C-2 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. ❑ 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 RC125-65 Minnesota Depaztraenf of Hea18i M 1 N N E S 0 T A Well Maaagement Section � P.O.Box 64975 St.PauL Minnesota 55164-4975 651-202-l1587 or 800-3&3-9808 4I xMx•.health.srate.mn.us/divs/ek/wells WELL DISCLOSL1tE STATEA�ZENT Prior to sigiung an a�eement to selt or transfes real property,the seller nzust ah�•a�•s disclose ui��ritiuig(��ell disclosure statenient)the loeatiou and status(sz ell status defined belo��-)vf all��-e11s ou tlie pra�rty to die buyer. Tlon�f��itl�tlie legal description and county of the groperty.and a sketcl�map sho«=uig the location of each��ell or uidieate there are no«•ells on tlie property. WELL DISCLUSiTRE CERTIFICATE A WeA Disclosure C'ertfficate fs required to be Ciled nhen there are n°eUs ou the propei�. • At the tuiie of closing.tl�e��ell disclvsau�e state�uent infai�uation along«-it�th�propzrty buyer's s�ame aud ruaiWig address.must be pro�-ided on a�Vell Disclosiue Certificate(��VDC)fonn.When recording a deed or other iust�luuent of comeyance reqiuring a Certificate of Real Estate V�lue(CRV).a coiupleted�VDC must be filed�vitl�tl�e coiuity i�corder.including�a 350 fee payable to the cowity recorder. • If there is a pre�iously filed Z�VDC and i�e munber of R°ells and�or the well stahis l�as chauged,a ne«WDC iirust be filed.You u►ay searcl�for pre�iously filed�VDC's at: titi�r«v.healti�.state.rnn.eus/dn=sleh/►velTsfdrscloscrres/disclainrer.hmrl. � If the ntuuUer aud stahu of ta-elk on the propert}t remain unchat�g�ed since the previously filed�VL)C'.a stateuient must be placed ou die deed or other instnw�eut of con�-eyance that rzads `7 mn fmniliar ivith the pro�ef?v dese��bed in this inshve�ne►Tt and I eer�tifi'thc�t the statre.s and nurrrber of wells on the deseribec�real pr�oper�fy hm�e not ch�nged since the last pr e«ottsly filec!i+�eJl drsclos�ir e certifrcate."Tlus statenient must be ce�tified by the buyer or seller and no�WDC is required. If there are no s�-ells on the propert��,a nTell Discbsure Cert'dicate is not i�equired to be Cled.Ho�ceier.the Seller must certify a statement on the deed or other instrwnent of con�°eyance tl�at reads "The Seller ce►�tifies that the Seller does nox kno►��of arn'wells on the dese+7bed real prope.r7y." INSTRUCTI�NS FOR C011�PLETI\G THE R'ELL DISCLOSL'RE CERTIFIGATE A$50 fee unist be included«-hen sub�uitting tlus for�to the cauuty recorder's office.The fee is to be paid by the buyer or pei5on filiug tl�e deed.Please uiake thz check payable to thz Couuty Recorder.A copy of tlus�VDC shoi�ld be pinvided to the pra�eity l�uyer at the tixur of clasiug. PROPERTY,BI?YER,A1V�SELLER I1�'FOR1�tATION A. PROPERTY LOCATION LEGAL DESCRIPTION-Prozidz tl�e coiuity uame:'YUiplatted"a iuetes uid boiuids description(quartile�OIYe C�ik3It2f SZCh011 1S IYC1ll1T2C1�Of gOG2Rll11Cllt IQt.SzCh011.fO�tiIIS�lip.BIli�i�ilge niunher):aud�or"platted"'(lot inuuber aud vr block ntimixr.aud addition n�n�e):pro�erty sueet address(if app[icable).and city(this is die physical location of the property uot die uiailiug address):propeity ID utunber or parcel utmiUer(optioi�l}.Attach a complete tegal desen�atic�ii of tlie�ropeity. B. PROPERTI'BL'YER�fAILING aDDRESS AFTER C'LOSI\G-Pro�-ide the buyer's fiill uauie(or COIIl�}�Il}'118111C 1f UllyZl'15 a CQ1ll�Ily�.�l1II�1(�tIlY55.tilld I}�lOR2 I1LllllUZI'�includ'ui2 area code).Be siu•e ta uichxie T complete mailin=address.If tl�e propert}'is jointly ar�iied.pro�-ide the i�uue ai�d couiplete uiail'ui2 adtiress of the coutact�i�son. Setler's;�ame—Please proride the name of the sell�r ir�space pi��°ided(please print). D-2 401253v8 CBR RC125-65 C. CERTIFICATI�N BY SELLER-Ihe seller(or designated represeiitative)should sign tlus certificate before it is submitted to the co�uity recorcler's office.If tlie seiler is LuiaUle to sigu tlie dociunei�t.t1Te Utryer(ar designated representati�-e)may sign the certificate before it is subuutted to the coiurty recorder's office. D. CERTIFICATIOi�BY BLYER-If the seller is unable to sigu the doctunetrt.tl�e buyer(or designated representati�-e)u�y sign the certificate befarr it is subiuitted to the eoiuity recorder's offiee.�Vhere deeds are given in fiilfill�nent of a Contract for Deed 1}ie��VDC must be signed by the bu��er or the person authorized to act ou belialf af the buyer: Signature Reqtured-Tltere niust be at least one sigvahue on the certificate. �«LL Il\'FOR�iATT01� E. ��ELL Lt3CATION LEGAL DESCRIPTION-For each�ell being disclosed the follo�ving pl�ysical]ocatian infoi�iatiou is req�ured: • couuty uauie.quartile(one quarter section is required).section.tota=uslu�.aud range iueutber:andlor • coiwty uame.go�envne�t tot.sectiou.to��Tnship.and range munber:antUoi• • cQimty uauie.lot uiunber•and'or block nwnUer.and additian name ��`ELL STATti S Il�'FOR.�LAT10N-Indicate the stahis of each�vell.Check onls•one boa. In Iise-A��ell is'-iu use"if the n ell is operated on a daily.regufar.or seasonal basis.A i��ell`•in use"inchides a ��-e11 tl�at opei�tes for the piupose af urigaticx�.fire protectian.or emergency piunpuig. Not In L?se-A��ell is"not in use"if tl�e nell does nat meet tlie defuution of••in use"above and lias uot been sealed Uy a licensed�rell contractor. • If tlie r�=ell is"not in use."is there a Muuiesota Deparhuent of Health(MDH)�-ariance far tlus��-ell?Please provide tl�e variance hacking mnub�r(N}.if kuo�a=n. • If the«rell is'`not ui use."is there an MDH maint�auce pernut for this��•ell?Please pro�-ide the pem�it niunbc�•. if kuowu. Sealed-A��ell is``sealed"if a liceiised ti�-ell contractor l�as caiugletely filled�u�ell Uy piuupuig grout ivaterial tlu�oughout the entire n-e11 after remoFal of any obstructions from the well.A��Vell and Boiing Sealing Record�uist be on file��ith the MDH.Contact the MDH to cerify if a sealing record is an file.A�ti�ell is"capped"if it}�as a iuetal ar plastic�ap or co�rer�c-lueh is threaded.balted.oc��-elded onto the top of the ta-e11 to pre�-ent entry i�ito tl�e��e11. A Kcapped"�ti°ell is not a"sealed"�-ell. Impoi�tant«'ell Status Inforinxtion: � The IvIDH i��ill folloitr-up t�ith the prope�ty buyFer regard'uig any�t�ells disclosed as'•not ui use."If a��-e11 is°not in use."ihe propeity on-ver nnist eit}�er retYUn die��ell to"in use."ha�e die��-e11"sealed"Uy a licensed�vell contr�etor.or obtain au�mival u��+�itennance pennit fiam the MDH far$175. • Mauitenance pemuts are not h�ausferable.If a�vzll is"iu use."a inauiteuauce�nnit is not required. • If tlie«=ell has beeu"sealed"hy sameone ot}aer than a liceused n-ell conmactor or a licensed�i=ell sealing coutractor,check tliz n-e11 stanis as"nat in use." Additioual«'ell Information-Pro�-ide the follon-iug iufaruiatiou.if lcno�vu: Muuiesot�Unique�Vell Ntunber ar Seatuig Record Niunl�r,date of 1�-eTl coiist�uetiou or sea�lllg.All(1 I12lltz Of I10E11S2(i�t`Z1I CO11YT8CtOT. SKETCH n�AP-Complete tlie sketch inap as instructed ou the t�VDC.The loeatian of each��-z11 must lx indicateci. If the location of a��-eil is izot kno«n.ha�e the�t-�ll locatzd b}�a pzi�son qtk�lified to locate n-zlls,such�s a liczused �t�ell couti�ctor. If you l�a�e quzstions.please cantTCt the 14II�H�Vell Managzmznt Seetion at 651-?01-45s7 or 800-3S3-9808. To rec�saest tlus doewnent ui aitotl�c--i fonuat,eall 651-?O1-�bfl0.D��f and hard-of-l�earuig: TTI'651-201-574'. Visit tl�e MDH t�ell M�rageuiecit Secti�n.�G'ell DisclostuY Pr�gram��-ebsite at: �►zv►►�.henith.state.i►�n.us/divs/ehht=ells/c�isc�osrires. D-3 401253v8 CBR RC125-65 COUIVTI'USE OAZT bIDH LTSE O�Z]' �II\'1�'ESOTA DEPIIRT�IE\°T OF HE.�II.TH Rxell Muia9emrnt Sectioa P_O.Boa 6497>,St.P�1,Minnesota 55164-0975 651-2i11-0587 or 800-383-9808 ��'ELL DLSCLOStiRE CERTIFICATE PLE,�SE TYPE OR PRINPALL INFORMAT70N Petson fiiin deed ssuxst include a S50 fee able to the coun r recordet. A. PROPERTY LOCATIO�LEGAL DESCRLPTIO� Atiach a legal descxiplion of the properiy_ Coimty Section No. Tmsnship No_ Range No. Quarter(or Cio�ermnent Lot} Hennepin Lot No(s)_ _ Block No. Additioa Name Oudot Trxt Propeny Strett Ackhess City(I'ownship Z[P Cocle Property ID No_lParcel No.(optianal) Richfield 55423 B. PROPERTY BUYER 1liAIL�G ADDRESS AFTER CLOSI�'G First Name 1VIitWle Imtial Last Name Company N�(if applicaWe) Mailing Address Ma�ling Address City StatefPrra��ince ZIP Code Telephone No.(mciudiug area code} r,��za�r�of a�u�r(�1��) Hous�ng and Redevetopment Authority in and for the City of Richfieid C. CERTIFICATIOI�BY SELLER I certify Fhat the information protizded oai dris ceiiificate is accinate and complete tfl die best of nry lmowledge. SigpAture of Seller or Desigioated Represematii e of Sellei Date D. C'ERTIFICATIOl�BY BL1'ER For fWfillment of a contract for deed,the btg�er or pecson atrthorized to act ou behalf of the buyer,must sign a R�ell Disclosure Certificate if there is a well on ihe property. In the absence ef a seller's signaha+e,the bu�er,or pezscm auWorized to act on behalf of the buyer may sign Hus Well Disclosure Certificate.No signature is r�gtired by the buyer if We seller has signed above_ Based on disclosure infoiniation pro��ideci to uie by the seller or other availaUle iufonnation,I certify that the infonnati� an this certificate is accurate and con�plete to the hest of my knowledge. Signature of Buyer or Designatrd Representatin-e af Buyrr Date I\IPORTA\'"I'1\UTE: The Minnesota Department of Health(MDI�will follo��-up with the property btryer mgarding any v�ells disclosed as not in use.If a well is not in use,We property onver must either rehun the tYell to use,have the ti�ell sealed by a licensed well contractor,oa�obtaixi an a�mual maintenance pemut from the MDH for 5175.A ccspy af this Well I?isclosuee Certificate should be gro��ded to the propert��buyer at the time of closiug. D-4 401253v8 CBR RC125-65 ■ r� �iI\1�ESl7�TA DEPART�IE\�OF HEALTH �VELL DISCLUSL'RE CERTIFICATE ��cate Total Nuruber of PLEASE TYPE OR PIZIN!'f1IZ IIVFORM.4TION. wells on Property 1 � E i01N ITH Fill out a sc�arate�z ell uifc�ra�ation page if more tl�an tR o w ells are locatecl ou the progerty. E. �VELL LOCATIO:�LEGAL DESCRIPTIOl� WELL#1—If the property le�l desmptivan has mo�e than c�mme section,tonvst�ip,or raz�ge numbet;quuter(or gocemment bt):or lot ar block mimber; zcie le 1 � �on infotmarioa re din the h sical location of tlris��ell. Couuty Seciion No. Trnvn.ship No. Range No. Qiuuter(or Ciovemment Lot) Hennepin Lot No_ Block No. Ackktion Name Outiot Tract MN Unique WeA No.or Sealing Record No. «�LL STATL'"S(Check only one box) Date of Well Canvtreiction or Q�ELL IS: ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licens�ed Well Contractor(3)` ��g `GII JIDH to�erifg seati�g record is oa file. Name of Iacensed Well Conlraetor Tf the well has been sealed by soa�eane otha thau a ficensed crell contactor or a lieensed well sealing contractor,check the aeU status as nM ia use_ Also see"D4!lPORTANT N01E"on 1. If well is tuot in use,is there an MDH��ariance far this�vell? If the�vell is not in vse,is there aa MDH nzaintenance pcnmdt for ❑ Yes ❑ No this well? ❑ Yes ❑ No If yes,pro�ade die variance tracking m�mber(TT� If yes,prm�ide the peimit�mber �VELL#2—If the property legal desctiption Las rmte t6�a one seetioq township,ot tange mwil>er;qt�utet�or gove�lat);ac lot ar blork mw�ber; otzde c descri infa�matiaa r din die sical locatian of ihis well_ Cotmty Sectian Na To�vnship No_ Range No. Qua�ter(or Grn=emment Lat) Lot No_ Block No. AddiUOn Name Outlat Tract MN Umque Well No_or Sealing Record No. �;'ELL STATi;S(Check only oa�e bax) Date of Well Ca�nstmctian or �1VELL IS: ❑ In Use(1) ❑ Not in Use(2) ❑ Sealed by Licensed Well Contractor(3)" �LIIg "CaII�i to�Trit�-seatisg mord is os file. Name of Iacensed Well Contracmr If the well has been sealed by someoue ot�er Po�n a ficensed n9r]t contnctor or a ficensed weil sealing conhactor,check the tivell status as uat in use. Also see"IMPURT.4NT N07E°on 1_ If vwell is iwt in use,is there an MDH�ariance£�dus�velt? If the well is uot in use,is there an MDH mai�enance�nrit fa ❑ Yes ❑ No ihis�c�rll? ❑ Yes ❑ No If yes,Pro�ide d►e�ariance tcacking munbec(TIJ) If yes,pro�zde 1he pem�it number SKETCH�IAP—Sketch the location af the�vell(s)aud mclnde estimated dista�es from ioads,streets,and bnildin�gs_If�nure tLan one n•ell on properh•,use the�ell location aamber abo�•e to identii�•each�tell.The location of the well(s)must be p�ocided.ff t� location of a w-ell is not kno�vn,hace the��cll located b}�a peison qualified to locate��lls,stuh as a licensed well con�rada. lnfonvariou proeided a�this fami is classified as public iuforn�atiau imder Minnesota Statutes,Gl�pter 13. To request this docuuient in another forn�at,call 651-201��6U0.Deaf and hard-of-�earing: TTY 651-201-5797. Visit the MDH Well Mwage�uent Sectian.4Vell Disclos-�ae Progj-avi wrbs�te at: �ti�vn:DaenitJi.stcrte..mn.us/clivsleh/�vells/disclasrrres. 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