HomeMy WebLinkAbout2015-05-27 CC Set Agenda tervivi tie CITY OF CENTERVILLE COUNCIL MEETING, WORK
LtatSESSION & CLOSED EXECUTIVE SESSION AGENDA
Wednesday, May 27, 2015 — Set Agenda = Red
6:30 p.m. or shortly thereafter
OPEN FORUM 6:30 P.M.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to Staff or Boards and Commissions for research
and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct
yourself in a professional, courteous manner and refrain from the use of profanity. Failure to abide by this policy
may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up
sheet and give it to the Mayor or a Staff person prior to 6:15 p.m.
COUNCIL MEETING
CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPOINTMENTS/PRESENTATION
IV. PUBLIC INPUT
V. APPROVAL OF AGENDA
APPROVAL OF MINUTES
1. May 13, 2015 City Council Meeting Minutes (Pages 1-8)
VII. CONSENT AGENDA
1. City of Centerville May 14, 2015 through May 27,2015
Claims (Check#29464-29476) (Page 9) & Check #29477-29479) (Page 9a)
2. Centennial Lakes Police Department Claims through May 14, 2015 (Check
#10368-10393) (Page 10)
3. Centennial Fire District Claims through May 20, 2015 (Check#6942-6969)
w/(Check#6945-6949) Payroll (Pages 11-12)
4. Encroachment Agreement—Shed, 7387 Old Mill Road (Pages 13-16)
5. The Church of St. Genevieve Request for Special Event Permit Application—On
Private Property—Annual Chicken Dinner, 6995 Centerville Road (Waive Fees),
Subject to Liquor Liability Insurance,August 16,2015 (Pages 17-26)
a. Temporary Liquor License— 10:00 a.m.—6:00 p.m.
b. Temporary Charitable Gambling License, (Bingo, Raffle & Pull-Tabs)
VIII. OLD BUSINESS
1. Purchase Agreement, 7212 Mill Road- $50,000—Mr. Lou Suski,
Gaughan Companies (Pages 26a-261)
IX. NEW BUSINESS
X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS
1. Administrator Report
2. Council& Staff Reports
XI. RECESS TO WORK SESSION
XII. WORK SESSION
1. Health Insurance (Blended or Age Based Rates),Mr.Al Roth,AT Group
XIII. CLOSED EXECUTIVE SESSION (Closed Unless Otherwise Opened)
1. Brimeyer/Fursman, Six (6)Month Review—Administrator
XIV. ADJOURNMENT
*REMINDERS**
Planning &Zoning Commission Meeting—June 2, 2015, 6:30 p.m. (Council Chambers)
Parks &Recreation Committee Meeting—June 3, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—June 10, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—June 24, 2015, 6:30 p.m. (Council Chambers)
Cub Scout Rocket Launch—June 6, 2015, LaMotte Park— 8-12:00(Will Work w/Wu Long)
2015 City Wide Garage Sale Days—June 12 & 13, 2015
2015 Clean Up Day—June 20, 2015, LaMotte Park, 6970 LaMotte Drive, 8:00— 12:00 (noon)
Fete des Lacs 5, 8K's & Kids Fun Run—July 25, 2015 (Around Centerville Lake and Out and Back)
Out Run Homelessness, 5, 8K's & Kids Run/Walk—September 19, 2015 (Around Centerville Lake and
Out and Back)
CHS Diamond in the Rough 5K& 10K Run/Walk—September 26, 2015 (Around Centerville Lake and
Out and Back)
Centennial Flag Football—LaMotte Park Fields 1, 2 & 11 —August 1 —October 30, 2015 (Tuesdays,
Thursdays & Saturdays from 5:00 p.m. —Sunset& 8:00 a.m. —2:00 p.m.
Centennial Soccer—LaMotte Park,Fields 1, 2 & 11 —April 1 —July 31, 2015 (5:00 p.m. —Sunset)
Centennial Soccer—Acorn Creek Park Field 1 —April 1 —October 30, 2015 (5:00 p.m.—Sunset)
Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —August 1 —October 30, 2015 (Mondays,
Wednesdays &Fridays from 5:00 p.m. —Sunset
Centennial Little League—LaMotte Park, Fields 3, 4 & 5 —April 1 —August 1, 2015 (4:00 p.m. —Sunset),
Monday—Thursdays, 6:00 p.m. —Sunset)
CITY OF CENTERVILLE 05/27/15 1:21 PM
Page 1
Check Detail - May 27, 2015 - Update
Check
Date Check# Vender Name Comments Amount
5/27/2015 029477 ERICSON,MIKE PARKING REIMBURSEMENT-4-2-15 THRU 4-30-15 $16.00
5/27/2015 029477 ERICSON, MIKE MILEAGE REIMBURSEMENT-4-2-15 THRU 4-30-15 $234.03
Check Nbr 029477 ERICSON,MIKE $250.03
5/27/2015 029478 NORTHLAND TRUST SERVICES,INC. AGENT FEES $495.00
5/27/2015 029478 NORTHLAND TRUST SERVICES,INC. GENERAL.OBLIG.IMPROV. REFUNDING BONDS,SERIES 2011A $18,301.25
5/27/2015 029478 NORTHLAND TRUST SERVICES,INC. GENERAL.OBLIG.IMPROV.REFUNDING BONDS,SERIES 2011A $365,000.00
Check Nbr 029478 NORTHLAND TRUST SERVICES.INC. $383.796.25
5/27/2015 029479 SUN LIFE INSURANCE COMPANY LIFE INSURANCE-JUNE 2015 $61.40
5/27/2015 029479 SUN LIFE INSURANCE COMPANY DISABILITY INSURANCE-JUNE 2015 $160.40
5/27/2015 029479 SUN LIFE INSURANCE COMPANY D. LARSON-COBRA-JUNE 2015 $3.60
Check Nbr 029479 SUN LIFE INSURANCE COMPANY $225.40
Total Check$384,271.68
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This form approved by the Minnesota Association of REALTORS",
REALTY / I C . which disclaims any liability arising out of use or misuse of this form.
- --^1.,----^ter--^ — ---�-------- €12014 Minnesota Association of REALTORS®,Edina,MN
1. Date 05/27/15
2. Time 1:30pm
3. Buyer's licensee representing or assisting Buyer represents that he/she has in his/her possession earnest money in
4. the amount of $ 2,000.00 , check number 1606
5. related to the Purchase Agreement dated May 27th ,20 15 ,for the property located at
6. 7212 Mill Road
(Street)
7, Centerville, MN 55038
(City)
8. Buyer's licensee representing or assisting Buyer will deliver the earnest money pursuant to the above-referenced
9. Purchase Agreement,but to be returned to Buyer if Purchase Agreement is not accepted by Seller.
10. Buyer and Licensee Representing or Assisting Buyer Information:
11.
(Buyer's Name(s))Eric M ewman Pamela M Smith
12.
(Buyer's Lice e Rep ting or Assisting Buyer)
Douglas Olso
MN:EMR(8/14)
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Biorktund PURCHASE AGREEMENT:
VACANT LAND (RESIDENTIAL)
R E A 1. T Y r Ar C . This form approved by the Minnesota Association of REALTORS®,
which disclaims any liability arising out of use or misuse of this form.
02014 Minnesota Association of REALTORS0,Edina,MN
1. Date 05/27/15
2. Page 1 of a
3. BUYER (S): Eric M Newman
4. Pamela M Smith
5. Buyer's earnest money in the amount of
6. Two Thousand Dollars ($ 2,000.00 ) shall
7. be delivered to listing broker no later than two (2) Business Days atter Final Acceptance Date of this Purchase
8. Agreement. Buyer and Seller agree that listing broker shall deposit any earnest money in the listing broker's trust
9. account within three (3) Business Days of receipt of the earnest money or Final Acceptance Date of this Purchase
10. Agreement,whichever is later.
11. Said earnest money is part payment for the purchase of the property located at
12. Street Address: 7212 Mill Road
13. City of Centerville , County of Anoka State of Minnesota, legally
14. described as
Petersons Old Homestead Addition Lot 4 Block 2 Petersons Old Homestead
15. Add (Subj to Ease as shown on Plat
16.
17. including all fixtures, if any, AND❑INCLUDING❑EXCLUDING the following personal property, if any, which shall
---__--(Check one.)------.----
18. be transferred with no additional monetary value, and free and clear of all liens and encumbrances:
19.
20. (collectively the"Property),
21. all of which Property Seller has this day agreed to sell to Buyer for the sum of($ 50,000.00
22.
23. Fifty Thousand Dollars,
24. which Buyer agrees to pay in the following manner:
25. 1. CASH of loo percent(%)of the sale price,or more in Buyer's sole discretion,which includes the earnest
26. money;PLUS
27. 2. FINANCING of o percent (%) of the sale price, which will be the total amount secured against this
28. Property to fund this purchase.
29. Such financing shall be ❑ a first mortgage in contract for deed or ❑ a first mortgage with subordinate
----_----------�.-_�.�-----------!Check one.}.__-------------__--__-__�_..--��30. financing, as described in the attached Addendum:
31. ❑Conventional❑FHA OVA❑Assumption❑Contract for Deed j Other: Cash
---------------- -- -__---_.---(Check an that
32. Proof of funds letter provided.
33. The date of closing shall be on/before June 30 ,20 15
34. This Purchase Agreement n IS n IS NOT subject to an Addendum to Purchase Agreement:Sale of Buyer's Property
----(Check ----
35. Contingency. (If answer is IS, see attached Addendum.) (If answer is IS NOT, the closing of Buyer's property, if any,
36. may still affect Buyer's ability to obtain financing, if financing is applicable.)
37. This Purchase Agreement❑IS IS NOT subject to cancellation of a previously written purchase agreement dated
-----(Check one.)---
38. , 20 . (If answer is IS, said cancellation shall be obtained
39. no later than ,20
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40. Page 2 Date 05/27/15
41. Property located at 7212 Mill Road Centerville MN 55038 .
42. If said cancellation is not obtained by said date, this Purchase Agreement is canceled. Buyer and Seller shall
43. immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money
44. paid hereunder to be refunded to Buyer.)
45. SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies, and if the
46. contingencies checked below are not satisfied or waived, in writing, by Buyer by ---- , 20 -- ,
47. this Purchase Agreement is canceled as of said date. Buyer and Seller shall immediately sign a Cancellation of
48. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to
49. Buyer.
50. (Select appropriate options a-i.)
51. (a) ❑ BUYER ❑ SELLER shall provide a certificate of survey of the Property, at ❑ BUYER ❑ SELLER
--------(Check one.)------- ---------(Check one,)--------
52. expense.
53. ❑ (b) Buyer obtaining approval of city/township of proposed building plans and specifications at
54. ❑BUYER❑SELLER expense.
--------(Check one.)----
55. ❑ (c) Buyer obtaining approval of city/township of proposed subdivision development plans at
56. ❑BUYER❑SELLER expense.
-----(Check one.)--------
57. ❑ (d) Buyer obtaining approval of city/township for rezoning or use permits at❑BUYER❑SELLER expense.
-----------(Check one)-------
58. ❑ (e) Buyer obtaining,at❑BUYER[]SELLER expense, percolation tests which are acceptable to Buyer.
------(Check one.)----
59. ❑ (f) Buyer obtaining, at ❑ BUYER ❑ SELLER expense, soil tests which indicate that the Property may be
--------(Check one.)-------
60. improved without extraordinary building methods or cost.
61. ❑ (g) Buyer obtaining approval of building plans and/or specifications in accordance with any recorded subdivision
62. covenants and approval of the architectural control committee.
63. fl (h) Buyer obtaining, at❑ BUYER❑SELLER expense, copies of all covenants, reservations and restrictions
------(Check one.)--------
64. affecting the Property.
65. ❑ (i) Other:
66.
67. •
68. Seiler's expenses for these contingencies(if any)shall not exceed$ o.oo .
69. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a (check one):
70. !t❑ Warranty Deed, ❑ Personal Representative's Deed, ❑ Contract for Deed, ❑ Trustee's Deed, or
71. ❑Other: _Deed joined in by spouse, if any,conveying marketable title,subject to
72. (a) building and zoning laws, ordinances,state and federal regulations;
73. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions;
74. (c) reservation of any mineral rights by the State of Minnesota;
75. (d) utility and drainage easements which do not interfere with existing improvements;
76. (e) rights of tenants as follows (unless specified, not subject to tenancies): n/a
77. ;and
78. (f) others(must be specified in writing): n/a
79.
80. .
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81. Page 3 Date 05/27/15
82. Property located at 7212 Mill Road Centerville MN 55038
83. REAL ESTATE TAXES:Seller shall pay on the date of closing all real estate taxes due and payable in all prior years
84. including all penalties and interest.
85. Buyer shall pay ❑X PRORATED FROM DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate
---•-----------------.-.-..-(Check one.}--___-.-------.-__----------•--
86. taxes due and payable in the year 20 15
87. Seller shall pay, Q PRORATED TO DAY OF CLOSING ❑ 12ths OF ❑ ALL ❑ NO real estate taxes
------.-_._.-.._-.-•---- !Check one}
88. due and payable in the year 20 15 .If the closing date is changed,the real estate taxes paid shall, if prorated,
89. be adjusted to the new closing date.
90. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which
91. is not otherwise herein provided. No representations are made concerning the amount of subsequent real estate
92. taxes.
93. DEFERRED TAXES/SPECIAL ASSESSMENTS:
94. ❑ BUYER SHALL PAY ® SELLER SHALL PAY on date of closing any deferred real estate taxes
...-- -------------(Check one.}-----------_.-.-------
95. (e.g.Green Acres)or special assessments, payment of which is required as a result of the closing of this sale.
96. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑X SELLER SHALL PAY ON
----_ _�__.-•-- _ ------------- !Check one.}--- ----------------- -- _- --- ----.-._
97. DATE OF CLOSING all installments of special assessments certified for payment,with the real estate taxes due and
98. payable in the year or closing.
99. ❑BUYER SHALL ASSUME X❑SELLER SHALL PAY on date of closing all other special assessments levied as
--.--------------(Check one.)---------_- -.-.-.--_-
100. of the date of this Purchase Agreement.
101. ❑BUYER SHALL ASSUME❑X SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as
--.__-__--._..-----------.--.--(Checx
102. of of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities.
103. (Seller's provision for payment shall be by payment into escrow of two (2) times the estimated amount of the
104. assessments or less,as required by Buyer's lender.)
105. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of
106. which is not otherwise herein provided.
107. As of the date of this Purchase Agreement, Seller represents that Seller❑ HAS❑X HAS NOT received a notice
----(Check one.)--------
108. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed
109. against the Property. Any such notice received by Seller after the date of this Purchase Agreement and before
110. closing shall be provided to Buyer immediately.If such notice is issued after the date of this Purchase Agreement and
111. on or before the date of closing,then the parties may agree in writing,on or before the date of closing,to pay, provide
112. for the payment of or assume the special assessments.In the absence of such agreement, either party may declare
113. this Purchase Agreement canceled by written notice to the other party,or licensee representing or assisting the other
114. party,in which case this Purchase Agreement is canceled.If either party declares this Purchase Agreement canceled,
115. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and
116. directing all earnest money paid hereunder to be refunded to Buyer.
117. POSSESSION: Seller shall deliver possession of the Property no later than Immediately after closing.
118. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the Property
119. by possession date.
120. PRORATIONS:All interest;unit owners'association dues;rents;and charges for city water,city sewer,electricity and
121. natural gas shall be prorated between the parties as of date of closing.Buyer shall pay Seller for remaining gallons of
122. fuel oil or liquid petroleum gas on the day of closing,at the rate of the last fill by Seller.
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Biorktund PURCHASE AGREEMENT:
REALTY� r c VACANT LAND (RESIDENTIAL)
123. Page 4 Date 05/27/15
124. Property located at 7212 Mill Road Centerville MN 55038
125. TITLE AND EXAMINATION:Within a reasonable time period after Final Acceptance Date of this Purchase Agreement,
126. Seller shall provide one of the following title evidence options,at Seller's selection,which shall include proper searches
127. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer
128. or Buyer's designated title service provider:
129. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write
130. title insurance in Minnesota as selected by Buyer.Seller shall be responsible for the title search and exam costs
131. related to the commitment. Buyer shall be responsible for all additional costs related to the issuance of the title
132. insurance policy(ies), including but not limited to the premium(s), Buyer's name search and plat drawing, if any.
133. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, if in Seller's possession or
134. control,for this Property to Buyer or Buyer's designated title service provider.
135. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract(RPA) certified to date
136. if Registered (Torrens) Property.Seller shall pay for the abstracting or RPA costs and surrender any abstract for
137. this Property in Seller's possession or control to Buyer or Buyer's designated title service provider.If Property is
138. Abstract and Seller does not have an Abstract of Title, Option (1)will automatically apply.
139. Seller shall use Seller's best efforts to provide marketable title by the date of closing.In the event that Seller has not
140. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in
141. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30-day extension, Buyer
142. and Seller may by mutual agreement further extend the closing date.Lacking such extension,either party may declare
143. this Purchase Agreement canceled by written notice to the other party,or licensee representing or assisting the other
144. party,in which case this Purchase Agreement is canceled.If either party declares this Purchase Agreement canceled,
145. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and
146. directing all earnest money paid hereunder to be refunded to Buyer.
147. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land
148. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals.This
149. provision deals with the necessity of subdividing land to complete the sale of the Property described herein in contrast
150. to the subdivision provision of lines 55-56 which deals with the future development plans of Buyer.Seller warrants the
151. legal description of the real Property to be conveyed has been or shall be approved for recording as of the date of
152. closing.Seller warrants that there is a right of access to the Property from a public right of way.
153. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor,
154. materials, machinery,fixtures or tools furnished within the 120 days immediately preceding the closing.
155. NOTICES:Seller warrants that Seller has not received any notice from any governmental authority as to condemnation
156. proceedings or violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seller
157. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants.Any
158. such notices received by Seller shall be provided to Buyer immediately.
159. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided
160. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of
161. information to Buyer's satisfaction, if material,at Buyer's sole cost and expense.
162. ACCESS AGREEMENT: Seller agrees to allow Buyer reasonable access to the Property for performance of any
163. surveys, inspections or tests or for water, sewer, gas or electrical service hookup as agreed to herein. Buyer shall
164. restore the premises to the same condition it was in prior to the surveys,inspections or tests and pay for any restoration
165. costs relative thereto.
166. RISK OF LOSS: If there is any loss or damage to the Property between the date hereof and the date of closing for
167. any reason,including fire,vandalism,flood,earthquake or act of God,the risk of loss shall be on Seller.If the Property
168. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's
169. option,by written notice to Seller or licensee representing or assisting Seller.If Buyer cancels this Purchase Agreement,
170. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and
171. directing all earnest money paid hereunder to be refunded to Buyer.
172. TIME OF ESSENCE:Time is of the essence in this Purchase Agreement.
173. CALCULATION OF DAYS:Any calculation of days begins on the first day (calendar or Business Days as specified)
174. following the occurrence of the event specified and includes subsequent days(calendar or Business Days as specified)
175. ending at 11:59 P.M.on the last day.
MN:PAW1-4(8/14)
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: jorkrundPURCHASE AGREEMENT:
RAir r. C * VACANT LAND (RESIDENTIAL)
176. Page 5 Date 05/27/15
177. Property located at 7212 Mill Road Centerville MN 55038
178. BUSINESS DAYS: "Business Days"are days which are not Saturdays, Sundays or state or federal holidays unless
179. stated elsewhere by the parties in writing.
180. RELEASE OF EARNEST MONEY: Buyer and Seller agree that the listing broker shall release earnest money from
181. the listing broker's trust account:1)at or upon the successful closing of the Property;2)pursuant to written agreement
182. between the parties,which may be reflected in a Cancellation of Purchase Agreement executed by both Buyer and
183. Seller;3) upon receipt of an affidavit of a cancellation under MN Statute 559.217;or 4) upon receipt of a court order.
184. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may cancel this Purchase Agreement, and any
185. payments made hereunder, including earnest money, shall be retained by Seller as liquidated damages and Buyer
186. and Seller shall affirm the same by a written cancellation agreement.
187. If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement under the
188. provisions of either MN Statute 559.21 or MN Statute 559.217,whichever is applicable.If either Buyer or Seller defaults
189. in any of the agreements hereunder or there exists an unfulfilled condition after the date specified for fulfillment,
190. either party may cancel this Purchase Agreement under MN Statute 559.217,Subd.3.Whenever it is provided herein
191. that this Purchase Agreement is canceled, said language shall be deemed a provision authorizing a Declaratory
192. Cancellation under MN Statute 559.217, Subd.4.
193. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual
194. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to
195. specific performance, such action must be commenced within six (6) months after such right of action arises.
196. NOTICE REGARDING AIRPORT ZONING REGULATIONS:The Property may be in or near an airport safety zone
197. with zoning regulations adopted by the governing body that may affect the Property. Such zoning regulations are
198. filed with the county recorder in each county where the zoned area is located.if you would like to determine it such
199. zoning regulations affect the Property,you should contact the county recorder where the zoned area is located.
200. NOTICE REGARDING PREDATORY OFFENDER INFORMATION:Information regarding the predatory offender
201, registry and persons registered with the predatory offender registry under MN Statute 243.166 may be
202. obtained by contacting the local law enforcement offices in the community where the Property is located
203. or the Minnesota Department of Corrections at(651) 361-7200, or from the Department of Corrections web
204. site at www.corr.state.mn.us.
205. SPECIAL DISCLOSURES: Seller discloses, to the best of Seller's knowledge, that the Property described in this
206. Purchase Agreement consists of approximately .38 ❑X ACRES n SQUARE FEET and is currently zoned
---------(Check one.)---------
207_ Residential--single family, and open to any builder, per MLS listing data provided.
208. Seller discloses, to the best of Seller's knowledge, that the Property❑ IS ❑X IS NOT in a designated flood plain
-------(Check one.)---
209. area.
210. Seller discloses, to the best of Seller's knowledge, that the Property Lf DOES ❑ DOES NOT currently receive
-------(Check one.)--------
211. preferential tax treatment (e.g.Green Acres).
212. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO
213. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF THIS
214. PURCHASE AGREEMENT.
215. BUYER HAS RECEIVED A (check any that apply): ❑ DISCLOSURE STATEMENT: VACANT LAND OR A
216. ❑DISCLOSURE STATEMENT:SELLER'S DISCLOSURE ALTERNATIVES FORM.
217. DESCRIPTION OF PROPERTY CONDITION: See Disclosure Statement: Vacant Land or Disclosure Statement:
218. Seller's Disclosure Alternatives for description of disclosure responsibilities and limitations, if any.
219. BUYER HAS RECEIVED THE INSPECTION REPORTS,IF REQUIRED BY MUNICIPALITY.
220. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDINGTHE CONDITION OF THE PROPERTY.
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Bjork6nd PURCHASE AGREEMENT:
REALTY z N c " VACANT LAND (RESIDENTIAL)
221. Page 6 Date 05/27/15
222. Property located at 7212 Mill Road Centerville MN 55038
223 ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there are no hazardous substances or
224. underground storage tanks,except where herein noted.
None disclosed by seller.
225.
226.
227.
228. UTILITIES: TO THE BEST OF SELLER'S KNOWLEDGE, THE FOLLOWING PRESENTLY EXIST WITHIN THE
229. PROPERTY:
230. Connection to public water? ❑Yes E No
231. Connection to public sewer? Elves E No
232. Connection to private water system off Property? El Yes ❑No
233. Connection to electric utility? ❑Yes ❑No
234. Connection to natural gas? ❑Yes ❑No
235. PLEASE NOTE:Buyer may incur additional charges improving the Property,including,but not limited to,hookup and/
236. or access charges; municipal charges;costs for sewer access, stubbing access, water access, park dedication, road
237. access,curb cuts, utility connection and connecting fees;and tree planting charges.
238. (Check appropriate boxes.)
• 239. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO:
240. CITY SEWER DYES❑NO I CITY WATER DYES❑NO
241. SUBSURFACE SEWAGE TREATMENT SYSTEM
242. SELLER ❑ DOES n DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR
---------(Check
243. SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure
244. Statement:Subsurface Sewage Treatment System.)
245. PRIVATE WELL
246. SELLER ❑ DOES ❑ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY.
---------(Chad*
247. (It(If answer is DOES and well is located on the Property, see Disclosure Statement:Welt)
248. THIS PURCHASE AGREEMENT[]IS❑IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT:
-----(Check
249. SUBSURFACE SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY
250. (If answer is IS, see attached Addendum.)
251. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS
252. RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT: SUBSURFACE
253. SEWAGE TREATMENT SYSTEM.
254. NOTICE
255- Louis Suski is❑X Seller's Agent❑Buyer's Agent❑Dual Agent❑Facilitator.
(Licensee) ------------ ---(Check one}-�� _---------- -
2'556 Gaughan Companies
(Real Estate Company Name)
257. Douglas Olson is El Seller's Agent Q Buyer's Agent❑Dual Agent❑Facilitator.
(Licensee) -_-.-_------_.__-_ __- (Chad*one)----------------.---------
2558. Bjorklund Realty, Inc.
(Real Estate Company Name)
259. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
MN:PA:VL-6(8114)
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BlorktUf PURCHASE AGREEMENT:
,�.�_4/REALTY_ .MINC ._ , .. VACANT LAND (RESIDENTIAL)
260. Page 7 Date 05/27/15
261. Property located at 7212 Mill Road Centerville MN 55038
262. DUAL AGENCY REPRESENTATION
263. PLEASE CHECK ONE OFTHE FOLLOWING SELECTIONS:
264. Q Dual Agency representation DOES NOT apply in this transaction.Do not complete lines 265-281.
265. ❑ Dual Agency representation DOES apply in this transaction.Complete the disclosure in lines 266-281.
266. Broker represents both the Seller(s) and the Buyer(s) of the Property involved in this transaction, which creates a
267. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s)and Buyer(s).Because
268. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for
269. either party.Broker cannot act as a dual agent in this transaction without the consent of both Seller(s) and Buyer(s).
270. Seller(s)and Buyer(s)acknowledge that
271. (1) confidential information communicated to Broker which regards price, terms or motivation to buy or sell will
272. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other
273. information will be shared;
274. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other;and
275. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of
276. the sale.
277. With the knowledge and understanding of the explanation above,Seller(s)and Buyer(s)authorize and instruct Broker
278. and its salesperson to act as dual agents in this transaction.
279. Seller Buyer
280. Seller Buyer
281. Date Date
282. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the
283. cash outlay at closing or reduce the proceeds from the sale.
284. ENTIRE AGREEMENT: This Purchase Agreement and any addenda or amendments signed by the parties shall
285. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer
286. and Seller,including,but not limited to,e-mails,text messages,or other electronic communications are not part of this
287. Purchase Agreement.This Purchase Agreement can be modified or canceled only in writing signed by Buyer and
288. Seller or by operation of law. All monetary sums are deemed to be United States currency for purposes of this
289. Purchsae Agreement.
290. ELECTRONIC SIGNATURES:The parties agree the electronic signature of any party on any document related to this
291. transaction constitute valid, binding signatures.
292. FINAL ACCEPTANCE:To be binding, this Purchase Agreement must be fully executed by both parties and a copy
293. must be delivered.
294. SURVIVAL: All warranties specified in this Purchase Agreement shall survive the delivery of the deed or contract
295. for deed.
296. OTHER:
297.
298.
299.
300.
301.
302.
303.
MN:PA:VI-7(8114)
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PURCHASE AGREEMENT:
REALTY INC .
VACANT LAND (RESIDENTIAL)
304. Page 8 Date 05/27/15
305. Property located at 7212 Mill Road Centerville MN 55038
306. ADDENDA AND PAGE NUMBERING:Attached addenda are a part of this Purchase Agreement.
307. Enter total number of pages of this Purchase Agreement,including addenda,on line two(2)of page one(1).
308. NOTE: Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement and should
309. not be part of the page numbering.
310. I,the owner of the Property,accept this Purchase I agree to purchase the Property for the price and on
311. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above.
312. said Property from the market, unless instructed otherwise I have reviewed all pages of this Purchase
313. in writing. Agreement.
314. I have reviewed all pages of this Purchase Agreement.
315. U If checked,this Agreement is subject to attached
316. Addendum to Purchase Agreement:Counteroffer.
Authentia,,a
317. X X &xic.It Newman 05/27/2015
(Seller's Signature) (Date) A7iraa:09 PM (Date)
318. X X Eric 14 Newman
(Seller's Printed Name) (Buyer's Printed Name)
319. X X Single
(Marital Status) (Marital Status)
Authentiase
320. X X Yanteta✓ t Smith 05/27/2015
(Seller's Signature) (Date) BuyIyIL7F2g tPWA4 PM (Date)
321. X X Pamela 14 Smith
(Seller's Printed Name) (Buyer's Printed Name)
322. X X Single
(Marital Status) (Marital Status)
323. FINAL ACCEPTANCE DATE: The Final Acceptance Date
324. is the date on which the fully executed Purchase Agreement is delivered.
325. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S).
326. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
327. I ACKNOWLEDGE THAT I HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE
328. DISCLOSURE STATEMENT.ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION
329. AGREEMENT,WHICH IS AN OPTIONAL,VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE
330. AGREEMENT.
LAutheatis ea
331. SELLER(S) BUYER(S) .r),[Nem
is M Newman
5/2712015 1:48:09 PM
Authentisom
332. SELLER(S) BUYER(S)tag a Al Smith
ante a M Smith
MN:PA:VL-8(8/14) 1zr!"LU751:Sb'46 FSM
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tuthentisignID:33CAS5D5-3926.46FA-A904-48DD8TB5DAC8
ADDENDUM TO PURCHASE AGREEMENT
B j o rlcl u n d This form approved by the Minnesota Association of REALTORS°,
which disclaims any liability arising out of use or misuse of this form.
REALTY INC0 2011 Minnesota Association of REALTORS°,Edina,MN
1. Date 05/27/15
2. Page
3. Addendum to Purchase Agreement between parties,dated May 27th ,20 is ,pertaining to the
4. purchase and sale of the property at 7212 Miii Road
5. Centerville, MN 55038
6. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement,the language
7. in this Addendum shall govern.
a. Seller will be responsible to pay off all past, current, and/or
$' future assessments pending or levied against subject property up to,
9, and including, the closing date.
10. b. Seller MLS listing indicates that utilities (electric, natural gas,
11. city sewer, city water, telephone, and cable tv) are available at the
12 lot site. Buyers understands that they will be responsible for hookup
from the street, to an eventual home built on the lot.
13.
14. c. No disclosures provided by the municipal seller, the City of
Centerville. Buyer is buying the property "As-Is" , and has had any
15. questions addressed to their satisfaction, by City of Centerville
16. representatives.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
AuthentisaN
31. Le.tic.ht . fettun ut 05/27/2015
(Seller) (Date) ( yedl2T/It imutio$ wman (Date)
Authentision
32. I (utteIa. t Smith 05/27/2015
(Seller) (Date) ( YeOrrnitgfaVeleasrWmSmi.th (Date)
33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
34. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
MN-APA(8/11)
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