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Home My WebLink About2015-06-10 Set Agenda Handouts (Aterodle CITY OF CENTERVILLE COUNCIL MEETING & EftaffjAaW57 CLOSED WORK SESSION AGENDA Wednesday, June 10, 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 I. 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 27,2015 City Council Meeting Minutes (Pages 1-5) VII. CONSENT AGENDA 1. City of Centerville May 28 44,2015 through Msy47June 10,2015 Claims (Check#29480-29507) (Pages 6-7) & (Check#29508-29516) w/Voided Check #29517(Page 7a) 2. Centennial Lakes Police Department Claims through May 28,2015 (Check #10394-10407) (Page 8) 3. Centennial Fire District Claims through June 3,2015 (Check#6970-6983) (Page 9) 4. Encroachment Agreement—Retaining Wall,6727 Beaver Pond Way (Pages 10-13),L, 5. Center Villa eSecond Addition (Mechanical Air Systems Purchase) (Pages 14-19) a. Resolution#15-OXX—Re-Affirming Final Plat and Authorizing the Mayor & City Clerk to Affix Their Signatures Upon the Approved Plat(Mylar) for the Center Villa Second Addition for Recording with the Anoka County Recorder's Office b. Planning& Zoning Commission Recommendation to Amend the Previously Submitted Conditional Use Permit—"3. Conditions. This permit is issued subject to the following conditions: a) This Conditional Use Permit is not authorized until and unless the Plat for Center Villa Second Addition is properly recorded with Anoka County by June 30,2015 instead of May 25,2015 6. Parks & Recreation Committee Recommendations to Expend Funds (Pages 20-21) a. Electrical—Laurie LaMotte Memorial Picnic Pavilion/Shelter b. Drinking Fountain—Laurie LaMotte Memorial Park/Outside Warming House VIII. OLD BUSINESS 1. Employee Health Insurance/Benefit(Blended/Age Based) 2. 7261 Main Street Purchase Agreement(Pages 21a-21s) IX. NEW BUSINESS 1. Parks & Recreation Committee Recommendations to Expend Funds a. Relocation/Creation of Dirt Pile/Sledding Hill—Laurie LaMotte Memorial Park 2. 2015 Sealcoat/Crack Filling City Streets (Pages 22-29) a. Nugent Sealcoating,Inc.- $.53/Linear Foot b. SealTech,Inc.- $.70/Linear Foot C. Gopher State Sealcoat, Inc.- $.99/Linear Foot(by End of Aug. or $.79/Linear Foot by End of Oct.) d. Allied Blacktop Company—Min. of$25,000 Linear Feet ($28,750.00) e. Fahrner Asphalt Sealers- $1.00/Linear Foot X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Report 2. Council& Staff Reports XI. CLOSED WORK SESSION 1. Purchase Agreement—1691/1695 Main Street XII. ADJOURNMENT *REMINDERS** City Council Meeting—June 24, 2015, 6:30 p.m. (Council Chambers) Parks &Recreation Committee Meeting—July 1, 2015, 6:30 p.m. (Council Chambers) Planning&Zoning Commission Meeting—July 7, 2015, 6:30 p.m. (Council Chambers) City Council Meeting—July 8, 2015, 6:30 p.m. (Council Chambers) Cub Scout Rocket Launch—June 6, 2015, LaMotte Park—8-12:00 (Rain Date June 13, 2015) '5 City Wide Garage Sale Days—June 12 & 13,2015 .hday Party—June 13, 2015, LaMotte Park Shelter—8-12:00 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& l OK 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 06/10/15 1:20 PN Page 1 Check Detail -June 10, 2016 - UPDATE Check Date Check# Vender Name Comments Amount 6/10/2015 029508 ALL SAFE INC. ANNUAL FIRE EXTINGUISHER INSPECTIONS Check Nbr 029508 ALL SAFE INC. $191.75 6/10/2015 029509 CENTER POINT ENERGY 6970 LAMOTTE DR-SERV THRU 5-28-15 $22.15 6/10/2015 029509 CENTER POINT ENERGY 1785 PELTIER LAKE DR-SERV THRU 5-28-15 $17.20 6/10/2015 029509 CENTER POINT ENERGY 1737 MAIN ST-SERV THRU 5-28-15 $13.05 6/10/2015 029509 CENTER POINT ENERGY 2085 W CEDAR ST-SERV THRU 5-28-15 $110.98 6/10/2015 029509 CENTER POINT ENERGY 1880 MAIN ST-SERV THRU 5-28-15 $92.89 Check Nbr 029509 CENTER POINT ENERGY $256.27 6/10/2015 029510 CHAMPION PLUMBING REFUND P15-032-CANCELLED PERMIT $5.00 6/10/2015 029510 CHAMPION PLUMBING REFUND P15-032-CANCELLED PERMIT $40.00 Check Nbr 029510 CHAMPION PLUMBING $45.00 6/10/2015 029511 CITY OF ST.PAUL ASPHALT MDC Check Nbr 029511 CITY OF ST. PAUL $681.40 6/10/2015 029512 ESS BROTHERS AND SONS,INC. AD]RINGS&GLUE Check Nbr 029512 ESS BROTHERS AND SONS.INC. $2.170.00 6/10/2015 029513 INSTRUMENTAL RESEARCH INC 2015 MAY WATER TEST Check Nbr 029513 INSTRUMENTAL RESEARCH INC $38.00 6/10/2015 029514 MN DEPARTMENT OF HEALTH SAFE DRINKING WATER-2ND QTR 2015 Check Nbr 029514 MN DEPARTMENT OF HEALTH $1.912.00 6/10/2015 029515 TRU GREEN-CHEM LAWN CITY HALL $107.00 6/10/2015 029515 TRU GREEN-CHEM LAWN ROYAL MEADOWS PARK,ACORN CREEK PARK,EAGLE PARK $382.00 Check Nbr 029515 TRU GREEN-CHEM LAWN $489.00 6/10/2015 029516 WASTE MANAGEMENT RECYCLE LAMPTRACKER BULBS Check Nbr 029516 WASTE MANAGEMENT $427.50 Total checks$6,210.92 Check 29517 voided Located in the NIN 1/4 of N Certificate of Survey for. See. 26, Twp. 31, Rge. 22 SHARPER HOMES, INC. House Address: i 6727 Beaver Pond Way,Centerville,MN i 1 n + � Fxbm l.Na - TOP OF E t/V , � -(d'6 Top ofFane-/10� E-91729 A t �JY 907.3 pp5g 90`9��`'t332ppqq��5/dl� 9x40 !•1-CDF�yL S8TJ0.,/L W 906.6 909.2 ,C. 91011v 9105 1 904.1 907.0 '�4i4 11 sloe i u.7 n 7c z ` 1 QQ � 6 tri- 9102 � 917-2{ �JpN i + 1TJ 915.6 ± - M i - 1+� 10 11 < W- OtT 9156 -______-_68.2 J_______ 106]9104 1 i 5-T� 1G \, c 9158 �) 910.2 - 9041 90]5 19098 a ,11 911.3 Hriz 9154 Ill's is sw.e �/ v$ i 911.1 o pit W� I 90-0 -0 9Q {1 914.6 /9{ 87C xet\ Q g a era >W 9059 908.7 77.e� {1 / .e x ~ 917.2 9033 F I 910 2 p13.2 x 909 a f i -/ BENCIMARK {b a at644' 3ap �6 70P OF /N 8Bd --- EL- .s4 a e W� <x9oJa 910.7l'�a\a a a: i ; ON i xao97 910-461 Z k908.2 / 91J9�11 * V 909.9 n 905 51 x 905.9 i �x /�� r�A'-9�� 9104 Wetland 110xI r� 909 7 r X904 9 906.7/// 908.2 V 40 i //J 9066 -Sodded Ywd.. V 9050 Wsaond eurtw 5l9n 9050 x 9059 9029 902.8 9022 "!' Denotes Existing Hydrant p Denotes Existing Electric Box ® Denotes Existing Television Box p Denotes Existing Telephone Box LEGAL DESCRIPTION: Denotes Existing Light Lot 11, Block Z HUNTERS CROSSING 3RD Denotes Existing Servicea ITION, Anoka Count x aoa0 Denotes Existing Elevation ADDY. Mhlneaota Denotes Proposed Elevation -+-Denotes Direction of Drainage MNknwn Lowest Floor Elevation 910.0 Denotes Drainage k Utility Easement (per recorded plot) PROPOSED BUILDING ELEVATIONS --e.- Denotes Iron Monument Lowest Floor Elerotla 910.4 g66 Bearings shown aro assumed Top of Foundation Elevation: 91&4 7 GRAPHIC SCALE Gorage Slab Elevation (at doask 918.0 9R 0 15 30 60 NOTES: 1.Proposed building site grading is in accordance with the ib grading plans prepared by Rick Chase,City of Center ile Building Inspector. (IN FEET) 2 Contractor must verify a0 house dimensions and sewer depth. 3.Driveways shorn are for graphic purposes only. Find drNeway 395 3700.014 BJS design and location to be determined by owner/builder. Carlson 1 hereby certify to Sharper Hemp,Ina that this survey,plan or report was prepared by me or under my direct mpeMNon /� and that I om a duly licensed land surveyor under the laws of the State of Minnesota. (` McCain Dated this 16th day of Januarn 2015. ' Signed: 'C'a�r�l/s/oJn MaCoN�,�I/n7a a24vIrtoNMerrrw�.e2eairr�es+a•wrtverlNr: y �� ^�/„at K� 246 Apollo Dr,Suite 100,Una Lakes,MN 55014 6 Phone:763-969-7900 Fax:763-469-7959 Thomas R.SolluR,LS.Reg.Na 40361 lia-, Teresa Bender From: KenTolz@aol.com Sent: Wednesday,June 10, 2015 9:33 AM To: Teresa Bender Subject: Re:7261 Main Street Good morning Teresa, Sorry to be slow in responding, but ive been out of the office. In looking at the current land value of$167,500, it is consistent with the other lakeshore properties along Main St......as to what it is worth, there are no vacant sites for sale that immediately come to mind....there have been sales along Mound Trl.....but that is a more private area and not subject to Main St. I would say the value we have it currently at, is at the minimum side of the value curve........ Add a 200,000 house to the equation.....assuming homestead status, estimate the total emv at$367,500 and the tax computation would be as follows: RESIDENTIAL HOMESTEAD (1A) MARKET VALUE PRIOR TO EXCLUSION (MVPT) $367,500 Homestead Exclusion Amount 1 ST 76,000 Of Mkt Value @ 40% $30,400 Phase-out Balance @ 9% ($26,235) Total Homestead Market Value Exclusion $4,165 TAXABLE MARKET VALUE(after $363,335 exclusion) 1ST 500,000 Of Mkt Value @ 1% 3,633 Balance @ 1.25% 0 Tax Capacity 3,633 Tax Capacity*Tax Rate $5,398.49 Refer Mkt Value*SD RMV Rate $611.04 Refer Mkt Value*CITY RMV Rate $0.00 Total Estimated Tax $6,009.53 If you have any questions, you can best reach me today on my cell at 612 865-2149. Thank you, Ken Tolzmann City Assessor In a message dated 6/5/2015 3:04:27 P.M. Central Daylight Time, TBender(cDCENTERVILLEMN.com writes: Dear Ken: 1 I have the property tax statement for this property,but what do you think the true fair market value is? How about if there was a$200,000 home on it? Sincerely, PXPI(I cldPll�PX Teresa Bender City of Centerville City Clerk (651)429-3232 x 13 Work thender@centervillemn.com 1880 MainStreet Centerville,MN 55038 http://centervinemn.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit htta://www.symanteccloud.com 2 61512015 Printable View To print this document please press WdWW W ti a Wirt site of Anoka County Property Account Summary went General Information Property ID 15-31-22-44-0033 Situs Address 7261 MAIN ST ,CENTERVILLE,MN 55038-0000 Property Description LOT 14 BLOCK 2 BURQUE ADDITION NO 1 Last Sale Price 29,350.00 Last Sale Date 02/27/2013 Last Sale Document Type WDEE WARRANTY DEED Linked Property Group Position Status Active Abstract/Torrens Abstract arties Role IName Owner ICENTERVILLE CITY OF Document Recording Proceas Dates Abstract Documents Have Been Recorded Through 05/28/2015 Abstract Documents Have Been Mailed Through 05/28/2015 Torrens Documents Have Been Recorded Through 05/28/2015 Torrens Documents Have Been Mailed Through 05/28/2015 Active Certificates Of Title Type Icertificate Number Certificate Date No Certificates Found mems Recorded Within 30 Days Of "Recoeded Through"Dates Above P Abstract/Torrens Recorded Number Recorded Date ocuments Found ropertv Characteristics Lot Size SE30*248*172L*190 Year Built 1978 * Lot Size:Approximate lot size in feet,clockwise beginning with the direction the lot faces Tax District Information School District Number and Name CENTENNIAL SCHOOL DISTRICT #12 City Name CENTERVILLE Watershed RICE CREEK WATERSHED Prolwrty Classification Tax Year Classification 2015 5E-Exempt Properties 2014 5E-Exempt Properties Property Values Tax Year Description Amount 2016 Est Market(MKTTL) 167,500 2016 Market Value Prior to Hstd Exc1.(TMVP) 167,500 /f4/ 112 6/5/2015 2016 Est Market Land (MKLND) 167,500 2016 Taxable Market(TMTV) 167,500 2015 Market Value Priorto Hstd Excl.(TMVP) 152,500 2015 Est Market(MKTTL) 152,500 2015 Taxable Market(TMTV) 152,500 2014 Taxable Market(TMTV) 152,500 2014 Est Market(MKTTL) 152,500 2014 Market Value Priorto Hstd Excl.(TMVP) 152,500 ax Amounts for MiPR Tax Year Description Amount 2015 Total Tax Amounts - Before Payments 0.00 2015 Special Assessments (Included in Total) 0.00 Payment History for Past Three Years Date Paid Tax Year Principair Interests,Penalties and Costs Amount Paid 04/11/2013 2013 53.23 0.00 53.23 04/27/2012 12012 53.231 0.00 53.23 No Charges are currently due. Developed by Manatron,Inc. 02010 All rights reserved. Version 1.0.5590.10027 �/„/ 2r2 Teresa Bender From: Teresa Bender Sent: Wednesday,April 22,2015 1:56 PM To: 'myhomedetail@me.com' Subject: 7261 Main Street, Centerville, MN Dear Jeff: We again have reached a point in the purchase agreement and addendum where we need to discuss things. Do you still anticipate constructing a home on this parcel? The City would like to schedule closing and determine whether you will be purchasing the property through financing or cash. "Buyer will endeavor to build and sell a new home on the property with a minimum structure value of $200,000 on or before June 15, 2014. If this condition is not met,Buyer shall pay$10,000 towards the outstanding balance of the purchase price, and thereafter interest shall accrue at 5% per annum on the remaining balance. The remaining balance with accumulated interest must be paid not later than the date of closing on June 14, 2015. If Buyer fails to substantially complete construction of a new home on the property by December 1,2015, then Buyer shall pay City the sum of$2,800 per year(estimated lost taxes on structure value)beginning January 2,2016, and each January 2, thereafter until a qualifying home is constructed. If not paid within 60 days of the date due, the unpaid amount with interest at 6% per annum shall be certified to Anoka County for collection as a special assessment on the property. If the taxable status of the property changes from non-taxable to taxable due to this transaction between Buyer and Seller, Buyer shall be responsible for paying taxes at any time after this Purchase Agreement is executed even if it is before closing." Please let me know. Sincerely, Pr�ki <`��PI/(lPX Teresa Bender City of Centerville City Clerk 1551)429-3232 x 13 work thender@centeMilemn.com 1886 Main Street Centerville,MN 55038 http://centervOlemn.com 1 �/E City of Centerville Purchase Agreement: Entered Into 08/20/2013 Property Owner Home Detail, Inc. -Lucas/Jeffery Magdik PIN# 15-31-22-44-0033 Address 7261 Main Street Purchase Price $65,000.00 Earnest Money/Deposit $2,500.00 Ck#5327, 6/27/2013 Add'I Down Payment $7,500.00 Ck#5413, 8/20/2013 Conditions Not Met Per Agreement Addendum $10,000.00 Ck#5567, 6/24/2014 Total Purchase Price $65,000.00 Conditions Not Met Per Agreement Addendum - Towards Outstanding Balance ($10,000.00) Balance for Calculation of Interest $55,000.00 Per Annum 5.00% Interest 06/16/14 to 06- 14-2015 $2,742.47 Due @ Closing $57,742.47 Detailed IZ14 W W � cc m W S15 m °° s • N acc z a $� it V c a E � CL c L E i 32 $ c 3 Zk � ~ o 4 C4 m - x � � ❑s s At S (9 N 72 — �v °, = �° M �. v wo Ja ❑ me _ 0 a ~❑ A ❑ 4 35 �c ❑ �c L Et ❑ _gco egoLL cm $ 01 r 1 _ - Aa c os c RL LU icr- C; t (i e vi r N N NN h 06 0; 4 NNpp 9 9 99 m p� � 1� °i � �t i VACANT LAND PURCHASE AGREEMENT 42. Page 2 43. Address 7261 Main Street.Centervile 44. SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies, and if the 45. contingencies checked below are not satisfied or waived,in writing,by Buyer by Jib 15 ,20_jg , 46. this Purchase Agreement is canceled as of said date. Buyer and Seller shall Immediately sign a Cancellation of 47. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded to 48. Buyer. 49. (Select appropriate opbons a4.) 50. ❑ (a) ❑BUYER❑SELLER shall provide a certificate of survey of the properly, at❑BUYER ❑SELLER Xft*on'.}'____'- (Chia*0nal---- 51. expense. 52. ❑ (b) Buyer obtaining approval of city/township of proposed building plans and specifications at 53. ❑BUYER❑SELLER expense. PWMoma;- 54. ❑ (c) Buyer obtaining approval of city/township of proposed subdivision development plans at 55. ❑BUYER❑SELLER expense. �Clreak ane.}---- 56. ❑ (d) Buyer obtaining approval of city/township for rezoning or use permits at❑BUYER❑SELLER expense. -P** O")--- 57. ❑ (e) Buyer obtaining,at❑BUYERLAR expense,percolation tests which are acceptable to Buyer. 58. ❑ (f) Buyer obtaining, at❑ BUYER❑SIH 10R expense, soil tests which indicate that the property may be 59. improved without extraordinary building methods or cost 60. ❑ (g) Buyer obtaining approval of building pians and/or specifications In accordance with any recorded subdivision 61. covenants and approval of the architectural control committee. 62. ❑ (h) Buyer obtaining,at❑BUYER❑SELLER expense, copies of all covenants, reservations and restrictions 63. affecting affecting the property. 64. ❑✓ (i) Other._See Addendum to Purchase AgMprnent 65. 66. Seller's expenses for these contingencies(if any)shall not exceed$Na 67. SPECIAL DISCLOSURES: Seiler discloses, to the best of Sellers knowledge, that the property described in this 68. Purchase Agreement consists of approximately-0.54 ❑✓ ACRES 0 SQUARE FEET and is currently zoned fL7 ea 0"..-L- 69. residential 70. Seller discloses, to the best of Seller's knowledge, that the property❑IS❑✓ IS NOT in a designated flood plain (Ch" 71. area. area. 72. Seller discloses, to the best of Sellers knowledge, that the property❑ DOES ✓❑DOES NOT currently receive 73. preferential preferential tax treatment(e.g.Green Acres). 74. Seller certifies that any and all leases applicable to the property in effect as of the date of this Purchase Agreement 75. are terminable on or before the date of dosing as specified in this Purchase Agreement 76. ENVIRONMENTAL CONCERNS: To the best of the Sellers knowledge there are no hazardous substances or 77. underground storage tarft,except where herein noted. 78. 79. MN:VLPA-2(WO) 12/ VACANT LAND PURCHASE AGREEMENT 80. Page 3 81. Address 7261 Main Street.Centerville 82. PLEASE NOTE:Buyer may incur additional charges improving the property,including,but not limited to,hookup and/ 83. or access charges;municipal charges;costs for sewer access,stubbing access,water access,park dedication,road 84. access,curb cuts,utility connection and connecting fees;and tree planting charges. 85. SELLER CERTIFIES, TO THE BEST OF SELLER'S KNOWLEDGE, WHETHER ANY OF THE FOLLOWING 86. PRESENTLY EXIST WITHIN THE PROPERTY: 87. Connection to public water? [?]Yes ❑No Be. Connection to public sewer? [?]Yes ❑No 89. Connection to private water system off property? ❑Yes Q No 90. Connection to electric utility? QYes 13,40 91. (Check appropriate boxes.) 92. SUBSURFACE SEWAGE TREATMENT SYMM 93. SELLER CERTIFIES THAT SELLER❑DOES[0 DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT o-J----- 94. SYSTEM ON OR SERVING THE PROPERTY. Of answer is DOES,and the system does not require a state permit, 95. see Subsurface Sewage Treatment System Disclosure Statement.) 96. PRIVATE WELL 97. SELLER CERTIFIES THAT SELLER ❑ DOES Q DOES NOT KNOW OF A WELL ON OR SERVING THE 98. PROPERTY.Of answer is DOES and well is located on the property,see Well DisWosure Statement) 99. THIS PURCHASE AGREEMENT❑IS 0 IS NOT SUBJECT TO A SUBSURFACE SEWAGE TREATMENT SYSTEM --(pwatcnal---- 100. AND WELL INSPECTION CONTINGENCY ADDENDUM.(If answer is IS,see attached Addendum.) 101. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEMA EXISTS ON THE PROPERTY, BUYER HAS 102. RECENED A WELL DISCLOSURE STATEMENT AND/OR A SUBSURFACE SEWAGE TREATMENT SYSTEM 103. DISCLOSURE STATEMENT. 104. BUYER ❑ HAS Q HAS NOT RECEIVED A VACANT LAND DISCLOSURE STATEMENT OR A SELLER'S (ileac«u)-- 105. DISCLOSURE ALTERNATIVES FORM. 106. Buyer acknowledges that no oral representations have been made regarding the property. Buyer relies solely on 107. Seller's written disclosure forms or a written report prepared by an independent third-party Inspector that has been 108. provided to Buyer. 109. BUYER HAS RECEIVED INSPECTION REPORTS,IF REQUIRED BY MUNICIPALITY. 110. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO Ill. ESTABLISH THAT TIME PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 112. THIS PURCHASE AGREEMENT.SELLER AGREES TO NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY 113. SUBSTANTIVE CHANGES FROM ANY PRIOR REPRESENTATIONS REGARDING THE PROPERTY. 114. DEEDIMARKETABLE TITLE:Upon performance by Buyer,Seller shall deliver a 115. ❑Warranty Deed orQOtlNr•. QUITCLAIM Deed joined in by spouse,ffany,conveying marketable title,subject to Ochod one 118. (a) building and zoning laws,ordinances,state and federal regulations; 117. (b) restrictions relating to use or improvement of the property without effective forfeiture provisions; 118. (c) reservation of any mineral rights by the State of Minnesota; 119. (d) utility and drainage easements which do not interfere with existing improvements; 120. (e) rights of terxrnts as faftwe(unless specified,not subject to tenancies): 121. ;and 122. (f)others(must be specified in writing): See addendurn to purchase agm=nt 123. MN:VLPA-3(8/09) zr L VACANT LAND PURCHASE AGREEMENT 124. Page 4 125. Address 7261 Main Street Centerville 125. Seller shall pay on the date of dosing all real estate taxes due and payable in all prior years including all penalties and 127. interesL 128. [❑ BUYER SHALL PAY [a SELLER SHALL PAY on date of dosing any deferred real estate taxes gft*onr 129. (e.g.Green Acres)or special assessments,payment of which Is required as a result of the dosing of this sale. 130. Q BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑SELLER SHALL PAY ON (ol8*01 } 131. DATE OF CLOSING all installments of special assessments certified for payment,with the real estate taxes due and 132. payable in the year or dosing. 133. ✓❑BUYER SHALL ASSUME❑SELLER SHALL PAY on date of closing all other special assessments levied as 134. of the date of this Purchase Agreement. 135. ❑BUYER SHALL ASSUME[a SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as onsi 136. of the date of this Purchase Agreement for improvements that have been ordered by arty assessing authorities. 137. (Sellers provision for payment shall be by payment Into escrow of two (2) times the estimated amount of the 138. assessments or less,as required by Buyer's lender.) 139. Buyer shall pay any unpaid special assessments payable in the year following dosing and thereafter,the payment of 140. which is not otherwise herein provided. 141. As of the date of this Purdnase Agreement, Seller represents that Seller❑HAS 0 HAS NOT received a notice ----IG7�dca»•�-- 142. regarding any new improvement project from any assessing authorities,the costs of which project may be assessed 143. against the property. Any such notice received by Seller after the date of this Purchase Agreement and before 144. dosing shall be provided to Buyer immediately.If such notice is issued after the date of this Purchase Agreement and 145. on or before the date of dosing,then the parties may agree in writing,on or before the date of dosing,to pay,provide 146. for the payment of or assume the special assessments.In the absence of such agreement,either party may declare 147, this Purchase Agreement canceled by written notice to the other party,or licensee representing or assisting the other 148. party,in which case this Purchase Agreement is died.If either party declares this Purchase Agreement canceled, 149. Buyer and Seller shall immediately sign a Cancedadon of Purchase Agreement confirming said cancellation and 150. directing all earnest money paid hereunder to be refunded to Buyer. 151. Buyer shall Pay ❑ PRORATED FROM DAY OF CLOSING ❑ 121ths OF❑ALL ❑ NO real estate (�CNedr one. 152. taxes due and payable in the year 20 13 153. Seller shall pay,❑PRORATED TO DAY OF CLOSING❑ 12fhe OF❑ALL p NO real estate taxes oW)-- 154. due and payable In the year 20 13 .If the dosing date Is changed,the real estate taxes paid shall.If prorated, 155. be adjusted to the new dosing date. 156. Buyer shah pay real estate taxes due and payable in the year following dosing and thereafter,the payment of which 157. is not otherwise herein provided. No representations are made concerning the amount of subsequent real estate 158. taxes. 159. POSSESSION: Seller shall deliver possession of the property no later than June 16,2Q14 after dosing. 160. All interest;unit owners'association dues;rents;and charges for city water,city sewer,electricity and natural gas shall 161. be prorated between the parties as of date of closing.Buyer shall pay Seller for remaining gallons of fuel oil or liquid 162. petroleum gas on the day of dosing,at the rate of the last fill by Seller.Seller agrees to remove ALL DEBRIS AND 163. ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property by possession date. MM:vLPA-4(SM) VACANT LAND PURCHASE AGREEMENT 164. Page 5 165. TITLE AND EXAMINATION:Within a reasonable time period after Final Acceptance of this Purchase Agreement, 166. Seger shad provide one of the following title evidence options,at Seller's selection,which shall include proper searches 167. covering bankruptdes,state and federal judgments and liens,and levied and pending special assessments to Buyer 168. or Buyer's designated title service provider: 169. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write 170. lige insurance in Minnesota as selected by Buyer.Seder shall be responsible for the title search and exam costs 171. related to the commitment.Buyer shall be responsible for all additional costs related to the issuance of the title 172. insurance pdicy(les),including but not limited to the premium(s),Buyer's name search and plat drawing, 0 any. 173. Seller shag surrender a copy of any owner's tide insurance policy and Abstract of Title,If in Seller's possession or 174. control,for this property to Buyer or Buyer's designated title service provider. 175. (2) An Abstract of Title certified to date If Abstract Property or a Registered Property Abstract(RPA)certified to date 176. if Registered(Torrens)property.Seller shag pay for the abstracting or RPA costs and surrender any abstract for 177. this property in Seller's possession or control to Buyer or Buyer's designated tide service provider.If property is 178. Abstract and Seller does not have an Abstract of Tide,Option(1)wig automatically apply. 179. Seger stud use Seller's best efforts to provide marketable tide by the date of dosing.in the event that Seder has not 180. provided marketable tide by the date of dosing,Seder shag have an additional 30 days to make tide marketable or,in 181. the alternative, Buyer may waive tide defects by written notice to Seder.In addition to the 30-day extension, Buyer 182. and Seller may by mutual agreement further extend the dosing date.Ladling such extension,either party may declare 183. this Purchase Agreement canceled by written notice to the other party,or gee representing or assisting the other 184. party,in which case this Purchase Agreement is canceled.if either party declares this Purchase Agreement canceled. 185. Buyer and Seger shall immediately sign a Cancelladw of Purchase Agreement confirming said cancellation and 186. directing all earnest money paid hereunder to be refunded to Buyer. 187. SUBDIVISION OF LAND:If this sale constitutes or requires a subdivision of land owned by Seger,Seller shad pay all 188. subdivision expenses and obtain all necessary governmental approvals.This provision deals with the necessity of 189. subdividing land to complete the sale of the property described herein in contrast to the subdivision provision of lines 190. 5455 which deals with the future development plans of Buyer.Seller warrants the legal description of the real property 191. to be conveyed has been or shall be approved for recording as of the date of dosing.Seller warrants that there is a 192. right of access to the property from a public right of way.These warranties shall survive the delivery of the deed or 193. contract for deed. 194. Seller warrants that prior to the dosing,payment in full will have been made for all labor,materials,machinery,fixtures 195. or tools furnished within the 120 days immediately preceding the dosing.Seller warrants that Seger has not received 196. any notice from any governmental authority as to condemnation proceedings or violation of any law, ordinance or 197. regulation.If the property is subject to restrictive covenants, Seller warrants that Seller has not received any notice 198. from any person or authority as to a breach of the covenants.Any such notices received by Seller shag be provided to 199. Buyer immediately. 200. Seger agrees to allow Buyer reasonable access to the property for performance of any surveys,inspections or tests 201. or for water,sewer,gas or electrical service hookup as agreed to herein.Buyer scrag restore the premises to the same 202. condition it was in prior to the surveys,inspections or tests and pay for any restoration costs relative thereto. 203. RISK OF LOSS:If there is any loss or damage to the property between the date hereof and the date of dosing for 204. any reason,including fire,vandalism,flood,earthquake or act of God,the risk of loss shag be on Seder.If fie property 205. Is destroyed or substandally damaged before the dosing date, this Purchase Agreement is canceled, at Buyer's 206. option,by written notice to Seger or licensee representing or assisting Seder.0 Buyer cancels No Purchase Agreement, 207. Buyer and Seller shall immediately sign a Qvwelladon of Purchase Agreement confirming said cancellation and 208. directing all earnest money paid hereunder to be refunded to Buyer. 209. TIME OF ESSENCE:Time is of the essence in this Purchm Agreement 210. ENTIRE AGREEMENT.This Purchase Agreement,any attached exhibits and any addenda or amendments signed 211. by the parties shag constitute the entire agreement between Buyer and Seger and supersedes any other written or 212. oral agreements between Buyer and Seger.This Purchase Agreement can be modified or canceled only in writing 213. signed by Buyer and Seder or by operation of law.AN monetary sums are deemed to be United States currency for 214. purposes of this Purchase Agreement.Buyer or Seller may be required to pay owtain dosing costs,which may 215. effeedv+ey increase the cash outlay at dossing or reduce the proceeds from the sale. MN:VLPA5(8ft) VACANT LAND PURCHASE AGREEMENT 216. Page 6 217. Address 7261 Main Street_Centerville 218. FINAL ACCEPTANCE:To be binding,this Purchase Agreement must be fully executed by both parties and a copy 219. must be delivered. 220. CALCULATION OF DAYS:Any calculaation of days begins on the first day(calendar or Business Days as specified) 221. following the occurrence of the event specified and includes subsequent days(calendar or Business Days as specified) 222. ending at 11:59 P.M.on the last day. 223. BUSINESS DAYS:Business Days"are days which are not Saturdays, Sundays or state or federal holidays unless 224, stated elsewhere by the parties in writing. 225. DEFAULT: If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement 226. under the provisions of MN Statute 55921,If either Buyer or Seller defaults in any of the agreements hereunder or 227. there exists an unfulfilled condition after the date specified for fulfillment, either parry may cancel the Purchase 228. Agreement under MN Statute 559.217, Subd. 3.Whenever It is provided herein that the Purchase Agreement is 229. canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 230. 559.217,Subd.4. 231. If this Purchase Agreement is not candled or terminated as provided hereunder, Buyer or Seller may seek actual 232. damages for brach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to 233. specific performanoe,such action must be commenced within six(6)months after such right of action arises. 234. NOTICE REGARDING AIRPORT ZONING REGULATIONS:The property may be in or near an airport safety zone 235. with zoning regulations adopted by the governing body that may affect the property. Such zoning regulations are 236. filed with the county recorder in each county where the zoned area is located.If you would like to determine if such 237. zoning regulations affect the property,you should contact the county recorder where the toned area Is located. 238. NOTICE REGARDING PREDATORY OFFENDER INFORMATION:Information regarding the predatory offender 239. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be 240. obtaMed by contacting the local law enforcement offices In the community where the property Is located 241. or the Minnesota Department of Corrections at(651)361-7200,or from the Department of Corrections web 242. site at www.eorrstate.mn.us. 243. NOTICE 244. is Q Seller's Agent Q Buyer's Agent Q Dual Agent Q Facilitator. fie) .....�......�_....�......._..��Check 245. (PAW (Had Eshds ConWW Nemo) 246. is Q Sellers Agent Q Buyer's Agent❑Dual Agent Q Facilitator. Rianas) (G7�egtarnc 247. (R@W EehUs Company Nems) 248. THIS NOTICE DOES=SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. MN:VM-e(Elle) VACANT LAND PURCHASE AGREEMENT 249. Page 7 250. Address 7261 Main Street_Centerville 251. DUAL AGENCY REPRESENTATION 252. PLEASE CHECK AM OF THE FOLLOWING SELECTIONS: 253. Q Dual Agency representation DOES NOT apply in this transaction.Do not complete fines 254-270. 254. ❑ Dual Agency representation DOES apply In this transaction.Complete the disclosure in lines 255-270. 255. Broker represents both the Seller(s) and the Buyer(s)of the property involved In this transaction, which creates a 256. dual agency.This means that Broker and its salespersons owe fiduciary duties to both Seller(s)and Buyer(s).Because 257. the parties may have conflicting interests,Broker and its salespersons are prohibited from advocating exclusively for 258. either party.Broker cannot act as a dual agent in this transaction without the consent of both Seiler(s)and Buyer(s). 259. Seiler(s)and Buyer(s)acknowledge that 260. (1) confidential information communicated to Broker which regards price,terms or motivation to buy or sell will 261. remain confidential unless Seller(s)or Buyer(s)instructs Broker in writing to disclose this information.Other 262. information will be shared; 263. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other;and 264. (3) within the limits of dual agency,Broker and its salespersons will work diligently to facilitate the mechanics of 265. the sale. 266. With the Ivrowledge and understanding of the explanation above,Seiler(s)and Buyer(s)authorize and instruct Broker 267. and its salesperson to act as dual agents in this transaction. 268. Seller Buyer 269. Seller Buyer 270. Date Date 271. OTHER: 272. 273. 274. 275. 276. 277. 278. 279 280. 281. 282. 283. 284. 285. 286. MN:VLPA-7(8/t) VACANT LAND PURCHASE AGREEMENT 287. Page 8 288. Address 7281 Main Street_Canboft 289. Other addenda may be attached which are made a part of this Purchase Agreement.(Enter total number of pages of 290. this Purchase Agreement,including addenda,on line two(2)of page one(1).) 291. 1,the owner of the property,accept this Purchase 1 agree to purchase the property for the price and on 292. Agreement and authorize the listing broker to withdraw the temps and conditions set forth above. 293. said property from the market,unless instructed otherwise I have reviewed aH pages of this Purchase 294. In writing. Agit 295. 1 have reviewed all pages of this Purchase Agreement 296. ❑ If checked,this Agreement is subject to attached 297. CournW after Adidertduns 298. X x l� / (SOWS SOWWO) ( ) ( (Dow) 299. X x LIZ* M, MAW-- (severs Prkw Name) Prieft PrYfbd Nerve) 300. x x Meaux ( ) S"A 301. X x (Seftft SOMMne) (oah) (Buyeft sty mb-) (Da) 302. X x (semes Pmfted Name) (Buyers Prkded Name) 303. X x warlw em-) (Mmw Shea) 304. FINAL ACCEPTANCE DATE 305. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 306. IFYOU DESIRE LEGAL ORTAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL 307. 1 ACKNOWLEDGETHATI HAVE RECEIVED AND HAVE HADTHE OPPORTUNITYTO REVIEWTHE ARBITRATION 308. DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBRRATION AGREEMENT,WHICH IS AN OPTIONAL, 309. VOLUNTARY AGREEMENT AND IS NOT PART OFTHIS PURCHASE AGREEMENT 310. SELLER(S) BUYER(S) 311. SELLER(S) BUYER(S) MN:VLPA4(SM) I ADDENDUM TO PURCHASE AGREEMENT 2 Date 3 Page 9 4 5 6 Addendum to purchase agreement between parties dated July___,2013,pertaining to 7 property at 7261 Main Street(Lot 14,Block 2,Burque Addition No. 1). 8 9 This Addendum To Purchase Agreement replaces the terms of the Memorandum of 10 Agreement between the parties signed on May 2,2013. 11 12 Per the previous Memorandum of Agreement,the Buyer agreed to enter into a purchase 13 agreement with the Seller for this property at a price of$65,000,and to do so within 30 14 days of the City's approval of a variance for the property. 15 16 On June 12,2013,the City of Centerville approved the Buyer's application for a variance / 17 for the property identified above. Accordingly,the City earned the right to the Buyer's ✓ 18 previous earnest money deposit of$2,500. 19 20 An additional down payment of$7,500 shall be made upon entering into this purchase`/ 21 agreement. Earnest monies paid to Seller and will not be held in trust. 22 23 Buyer will endeavor to build and sell a new home on the property with a minimum 24 structure value of$200,000 on or before June 15,2014.If this condition is not met,Buyer 25 shall pay$10,000 towards the outstanding balance of the purchase price,and thereafter 26 interest shall accrue at 5%per annum on the remaining balance.The remaining balance 27 with accumulated interest must be paid not later than the date of closing on June 14,2015.8 J` 29 If Buyer fails to substantially complete construction of a new home on the property by J 7 30 December 1,2015,then Buyer shall pay City the sum of$2,800 per year(estimated lost 31 taxes on structure value)beginning January 2,2016,and each January 2,thereafter until a 32 qualifying home is constructed. If not paid within 60 days of the date due,the unpaid 33 amount with interest at 6%per annum shall be certified to Anoka County for collection 34 as a special assessment on the property. 35 36 If the taxable status of the property changes from non-taxable to taxable due to this 37 transaction between Buyer and Seller,Buyer shall be responsible for paying taxes at any 38 time after this Purchase Agreement is executed even if it is before closing. 39 q^ 40 Executed by the parties this�L day of_&qU5,2013. 41 42 City of Centerville(Seller) Jeffrey Magdik,V' President 43 fH uyer) 44 45 LT IT ND o N co y � e w , CA 0 a m v� 9 n y Od g i 7115.910 5327 3 ` HOME DETAIL, INC. 2562 TOURNAMENT PLAYERS CIRCLE S. BLAINE, MN. 55449 20 Pay To The Or $ .Or,� Dollars ' w M & I MARSHALL & ILSLEY BANK For 1; q' 0 Sd2 7 Ce nterviffe w Dtabkfitrd P(57 N RECEIVED OF 9424 AMOUNT 3O mr- Home Detail, Inc. $7,500.00 '3 a . zs:�► m m. For: Purchase Agreement CHECK 0 5413 7261 Main Street Surcharge N/A Ln r r v I I a i W I I � � August 20,2013 BY Teresa Bender i W t � V AL ejrV il6e I. taffiAC1{1857 RECEIVED OF 9970 AMOUNT Home Detail Inc. $10,000.00 2562 Tournament Players Cirde S. Blaine, MN 55449 For: Agreement Payment CHECK# 5567 7261 Main Street Surcharge NIA June 24, 2014 BY Teresa Bender ��S