6.17. SR 07-15-2002City
Item~ 6. ~.
MEMORANDUM
TO:
FROM:
Mayor and City Co~
Plichele McPhersoz~T1)irector of Planning
DATE: July I 5, 2002
SUBJECT: Approve Purchase Agreement with Grace Assembly of God
Church for Park Land
Attachments
· Location Map
· Purchase Agreement
· Plat
As has been previously discussed, staff has negotiated with Grace Assembly of God Church
for the purchase of 11 acres of park land on the East side of Elk River at a price of $215.000
($19,545.45 per acre). Attached, please find a purchase agreement drafted by the City
Attorney outlining the terms and conditions of the purchase.
Staff recommends that the City Council approve the purchase of park land from Grace
Assembly of God Church and authorize the Mayor to sign the purchase agreement on behalf
of the City. If the City Council approves the purchase agreement, a tentative dosing date of
July 19th, 2002 has been identified.
MM:jak
S:\PLANNING\MICHMC\MEMOS\7 Graceapprov.doc
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Location Map
P 02-10 GRACE ADDITION
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Miller/Davis Co. · St. P~ul, MN 6B1-642-1988
Form 1325 M.S.B.A. Real Property Form No. 32 (August, 1997)
Minnesota Vacant Lot Purchesa Agrsbment - ReNdentisl Development Tract PURCHASE AGREEMENT / PAGE 1
MINNESOTA VACANT LOT PURCHASE AGREEMENT -- RESIDENTIAL DEVELOPMENT TRACT
· Copyright 1997 by Minnesota State Bar Association, Minneapolis, Minnesota
BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT
ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Aseocistic~ disclaims any liability arising out of the use of this form.
1 1. PARTIES. This Purchase Agreement is mede on ?.1qo2(~2 , by and between
2 ~,r~ee A.~emhly nf ~'~d a Minne.~m nrm-.n~nfit ~n .r~rmtinn [medta/status/
3 of [seller's address] IAR2~ Ri~_hway IN , SELLER, and
4 The ~_Jw. nf~l~ RJv~. s m.nici?] en .r~nmtinn IS joint tenants [strike "jolt tenants'
B /f tenancy-in common is intended/of [buyer's address/ l?JrJ~5 (")rnn~ P~rEw=,v? FIk River. ~ 5S~;N
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7 BUYER.
8 2. OFFER/ACCEPTANCE. Buyer offers to purchase end Seller egress to sell real property legally described
9 ] ! .(~ n~re~ in the C~i? nf Flit River ;hn,arn nn F,hlhit A .rrrh~l h~mtn
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jProparty Tax Identification Number or Tax Parcel Number
75-12~-~01 ]
located st , City of
County of ~, State of Minnascta, Zip Code ~'~O
FIE River .
3. ACCEPTANCE DEADUNE. The acceptance date of this Purchase Agreement is the data it is delivered by the last p~ly alining to the
other party. This offer to purchase, unless accepted ~onor, shaU be void et 11:59 A.M. on/date/ l.l? Ig :~
end in ~uch event all earnest money shall be refunded to Buyer,
4. PERSONAL PROPERTY AND HXTURES INCLUDED IN 8ALE. The following itama of parrmnel property and fixtures owned by Seller
and currently located on the real property are included in this sale [Strike out items not in(dudedl: garden bulpa, plante, shrubs, t~'eee,
fences, gates, culverts, survey monuments and also the following property:
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Upon delivery of the Deed, Seller shall also deliver a Warranty Bill of Sale for the above personal property. [Check the box if the following
provision applies to this Purchase Agreement:/ [] Seller shall use M.S.B.A. Real Property Form No. g0 (1997), Warranty Bill of Sale.
6. PRICE AND TERMS. The price for the reel and personal property included in this sale ia Two Rurdmd ]:ibsen l'hnm, ard .rd (IN/III:}
Dollars ($ 215 ~ (~J ), which Buyer shell pay es follows:
Earnest money of $ 2:(~0.(~) by Pr, Xl CHECK, /BIBLE - state which) ~he~k payable to
elect
Seller, to be deposited and held by Seller (and may be commingled with Seller's other funds) pending closing,
Seller's lawyer, to be deposited and held In the lawyer's trust account pending closing,
Seller's broker, to be deposited or held by broker according to the requiremanta of Minnesota Statutes,
Other [desc/~be how the earnest money will be held/
receipt of which is hereby acknowledged and ~ $21'~.(X~I_(~ cash, on Jul.v lq ~ , the DATE OF CLOSING, end
the balance of $ N~, by financing aa shown on the attached Financing Addendum.
6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver s ~'~neml Werrenty Deed, joined
in by spouse, if any, conveying marketable title of record, subject to:
A. Building end zoning laws, ordinances, state and federal reguiotiuna;
B. Exceptions to title which oonetituta encumbrances, restrictions, or easements which have been discloeed to Buyer and accepted by Buyer
in this Purchase Agreement/must be specified in writing/: ~
51 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due end payable in and for the year of clceing shell pa pro-
52 rated between Seller and Buyer on s calendar year basil to the actual Date of Closing, unless otherwise provided in this Purchase Agreement.
63 If tax statements for such taxes ere not available on the Date of Closing, the amount to be prorated shall be ..].(]0_ % of the prior year's taxes.
54 and such estimated proration shall ha [strike one] ~ ~L ~r~ I ADJUSTED UPON RECBrF OF
65 THE ACTUAL TAX STATEMENTS FOR SUCH YEAR (in which case the party entitled to · credit es e result of the adjustment shall receive
56 the amount of such credit from the other party within 30 days of issuance of the tax statements). Selle~ represents the taxes due end
67 payable in the year(8) 2(X~2 will be ~k~, ;~;1', NON- homestead classification, unless Buyer changel the tax cleslificstion for taxes
58 psyabil in the year following closing by taking pomlon of the real property as Buyer's home,teed and filing · new homestead dKlaretlon
59 within the time required by law. If the taxes due and payable in the year of closing ers PART or NON-homestead classification, Seller shall
60 pay to Buyer at clceing$ 0 , in addition to Seller's prorated share of the taxes. If the taxes due and payable In the year
61 following closing are PART or NON-homestead classification and the closing takes place after the date by which Buyer must take pceeeseion
62 of the property aa Buyer's homestesd to file for homeataed tax status for taxes due and payable in such year, Seller shell pay to Buyer at
63 closing $ 0 ss Seller's share of such taxes.
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65 /$t~ke one:/ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING I
66 all installmonta of special asaosamenta certified for payment with the real estate taxes due end payable in the year of closing.
67 [$t/fke one:J ~L~~l(]~ I SELLER 3HALL PAY ON DATE OF CLOSING ell other specisl aseasamenta levied as of the
68 date of this Purchase Agreement.
89 /SUlks one:/]~~~(A~X I SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending aa of the date of
70 this Purchase Agreement for improvements that have been ordered by the City Council or othor governmental a~MIng authorities. (Seller's
71 provision for payment shall be by payment into escrow of 1 1/2 times the eatimated amount of the eeaeasmentl.) As of the date of this
72 Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of · new public improvement project from any
73 governmental assessing authority, the costs of which project may be assessed against the property. If e spocisl assessment becomes
74 pending after the date of this Purchase Agreement end before the Oats of Closing, Buyer may, et Buyer's option:
75 A. Assume payment of the pending special aseesemsnt without adjustment to the purchase price of the property; or,
76 B. Require Seller to pay the pending special assessment (or escrow for payment of same es provided above) sad Buyer shall pay ·
77 cornmsnsureta increase in the purchase price of the real property, which increase ~hall pa the seme sa tho estimated amount of the
78 aseesament; or,
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Form 1325
Minnesota Vacant Lot Purchase Agreement - Residential Development Tract
Mill~/Davi$ Co. · St. Paul. MN 651-642-1988
M.S.B.A. Reel Property Form No. 32 (Augusl, 1997)
PURCHASE AGREEMENT / PAGE 2
80 C. Declare this Purchase Agreement null and void by notice to Seller, end earnest money shall be mfundod to Buyer.
81 /Stn~a one:/BUYER SHALl. ASSUME / ~[~l~X~l~J~;~X~.~ any deferred real estate t/x.e (including "Green
82 Acres" taxes under Minn. Stat. 273.111) or specisl assessments payment of which is required as · result of the dosing of this
83 Buyer ~hall pay real estate taxes due and payable in the year following oloeing end thereafter and any unpaid special eseesemente payable
84 therewith end thereafter, the payment of which is not otherwise provided herein. Seller makes no repreleRtatlo~l concerning the Imount of
85 futura real estate taxes or of future special assess'leant/.
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87 S. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Purchase Agreement shall terminate
88 and the earnest money shell be refunded to Buyer. If the real property is damaged mat/rielly but lese than eubat/ntieily prior to closing,
89 Buyer may rescind this Purchase Agreement by notice to Seller within 21 days after Seller notifies Buyer of such damage, during which
90 21-day period Buyer may inspect the real prope~y, and in the event of such rescission, the earnest money shell be refunded to Buyer.
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92 9. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings on adjoining reel property,
93 if any, era entirely outside the boondew lines of the property. Seller warrant/that there la a right of aCCela to the real property from a public
94 right of way. Seller werrent/ thee there hea been no labor or material fumishad to the property for which payment has not been mede.
95 Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the real properly. These
96 werrentisa shell survive the delivery of the Deed or Contract for Deed.
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98 10. CONDITION OF PROPERTY.
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100 A. Seller shall remove all debris and all personal property not included in this sale from the property before poseeseion date. Seller has
101 not received any notice from any govemment/I autho~ty as to the existence of any Dutch elm disease, cek wilt, or other diseeae of
102 any trees on the property.
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104 B. Seller knows of no hazardous substances or petroleum product/having been placed, stored, or released from or on the property by
105 any person in violation of any sew, nor of any underground storage tanks having been Iocstod on the property et any time, except ea
106 follows: once.
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Notwithstanding Buyer's environmental investigations of the property (see 22.C., below), Seller warrants and reFeaenta to Buyer that
there have been no act/ or occurrencse upon the property that have caused or could cause hazardous aubstencea or petroleum
product/to be releaeod or discharged into the subsoil or ground water of the property or other property in the area. Seller repreaente
and warrame to Buyer that the property is free of hazardous subet/ncea and is not subject to any 'eupedund" type liens or claims by
govemment/I regulatory ngenciea or third parties arising from the release or threatened release of hazardous substances in, on, or
about the property. Seller shell indemnify and hold Buyer harmlese from any and ell claims, ceucea of a=tion, damages, lame, or
costs {including lawyer's fees) relating to hezardoua substances or petroleum products in the subsoil or ground water of the property
or other property In the area which arise from or are caused by a~s or occurrences upon the property prior to Buyer taking
possession. These warranties and indemnifications shall survive the delivery of the Deed or Contract for Deed.
C. Seller knows of no wetlands, flood plain, or ahorelend on or affecting the property, except es follows:
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Do
/Check the box ff the fo#owing provision applies to this Purchase Agreament:J r-'l ADDENDUM TO PURCHASE AGREEMENT:
WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.B.A. Real Property Form Nc. B {1997), is included aa an addendum
to this Purchase Agreement.
Seller's worrentica and representations contained in this perapraph 10 shall survive the dollvefy of the Deed or Contrect for Deed,
provided that any notice of · defect or claim of breach of warranty must be in writing end any such notice with respect to matters
referred to in A., above must be given by Buyer to Seller within one year of the Date of Closing or be deemed waived.
Buyer shall have the right to have inspectiono of the property conducted prior to closing. Unless required by local ordinense or tending
regulations, Seller does not plan to have the property inspected. Other than the representations mede in this peregreph 10., and in
paragraph 22., the property is being sold 'AS I$' with no exprese or implied represent/alone or warranties by Seller aa to physical
conditions or fitness for any particular purpose.
11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority aa to violation of any law, ordinance or
regulation. If the property ia subject to restrictive covenant/, Seller has not received any notice from any person aa to e breach of the
covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condenmction, special
taxing district, or rezoning proceedings.
12. ACCESS PRIOR TO CLOSING. By this Purchase Agreement, Buyer does not acquire any right of possession of the property nm' does
Buyer acquire any right of entry, license, or easement. Seller will consent to a case-by-case right of entry for Buyer end/or Buyer's agents,
surveyors, engineers, end site eveluatora for t/sting, measuring, and evaluating purposes provided that the following conditions era met:
A. There shall be no crop or tree damage.
B. There shall be no excavating or earth moving and no tree removal.
C. Buyer's independent contrectore (surveyors, angineara, and alt/evaluators, etc.) shall, prior to entry on the lend, deliver to Seller proof
of independent contract with Buyer and · waiver of lien rights in · form setisfectory to Seller.
Buyer shall indemnify and hold Seller harmless from any and all liens, claims, liabilities or charges incurred or caused by Buyer's oontrect/
with ouweyora, engineers, and else eveluatora, which indemnity shell include any lewyer'a feea, cease or dleboreament/ incurred by Seller
in any defense thereof.
13. POSSESSION. Seller shell deliver poseeaeion of the property not later then July lg ~ closing.
14. EXAMINATION OF TITLE. To demonstrate that Seller's title ia good and marketable of record, within a reaeanabie time after
acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title or a Registered Property Ab~rec~ cef~lfled to
date including proper searches covering benkruptolal end state end federal judgmentl, federal court judgment liens in favor of tho U.S.,
lisno, end levied end pending special e~esement$. Buyer shell have ten (10) buatnou days after receipt of the Abetrect of Title or
Registered Property Abstract either to have Buyer's lawyer examine the title and provide Seller with written objections or, at Buyer's own
expense, to make en application for a title insurance policy and notify Seller of the application. Buyer shall have ten (10) business deya after
receipt of the Commitment for Title Insurance to provide Seller with a nopy of the Commitment end written objections. Buyer shall be
deemed to have waived any title objections not made within the ten (10) day period above, except that thle shall not operas/el a waiver of
Seller's covenant to deliver · statutory Warranty Deed, unlese a Warranty Dead is not apecifiod above. If Buyer obtains title insurance, Buyer
ie not waiving the right to obtain · good and marketable title of record from Seller.
16. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days frOm receipt of Buyer's written title objections to make title
marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10} bualnase days, notify Buyer of Sailor's intention to make
title marketable within the 120 day period. Liens er ecoumbrancea for liquidated amount/which can be roleaead by payment or escrow
Miller/Davl~ Co. · St. Pad, MN a61-642-1988
Form 1325 M.S.B.A. Real Property Form No. 32 (August, 1997)
Minnesota Vacant Lot Purchase Agreement - Residential Development Tract PURCHASE AGREEMENT / PAGE 3
168 from proceeds of closing shell not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending
169 COfTOCtlon of title, ell payments required herein end the closing shell be postponed.
170 A. If notice le given end Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation
171 establishing that title has been mede merkerableo and if not objected to in tho lame time and manner aa the original title objections,
172 tho closing shall take place within ten (10) businela days or on the scheduled closing delco whichever ia later.
173 B. If notice le given end Seller proceeds in good faith to make title msrketshle but the 120 day period expires without title being made
174 merbetablo, Buyer may declare this Purchase Agreement void by notice to Seller, neither party shell be liable for damages hereunder to
176 the other, and somest money shall be refunded to Buyer.
176 c. If Seller deal not give notice of intention to make tide marketable, or if notice is given but the 120 day period expires ~thout title being
177 made marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, one or more of the f(dlowlng:
178 1. Proceed to closing without waiver or merger in the Deed of the objeetiona to title and without waiver of any remedies, and may:
179 (a) Seek damages, costs, and reasonable lawyer's fees from Seller as permitted by law (damages under this aul~aregreph (a) shell
1 BO be limited to the cost of curing objections to title, and consequential damages ere excluded); or
181 (b) Undertake proceedings to correct the objections to title;
182 2. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void
183 and all aamsot money paid shall be refunded to Buyer;
184 3. Damages from Seller together with costs end reasonable lawyer's fees, aa permitted by law;
185 4. Specific performance within six months after such right of action arises.
186 D. If title ia marketable, or ia made marketable es provided herein, and Buyer defaults in any of the agreernonta herein, Seller may elect
187 either of the following options, as permitted by law:
188 1. Cancel this contract as provided by statute and retain ell payments made hereunder aa liquidated damages. The parties
189 acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for
190 payment notwithstanding canoelletlon;
191 2. Seek specific performance within six months after such right of action arises, including costs and reasonable lewyer'a fees, as
192 permitted by law.
193 E. If title is marketime, or is made marketable ss provided herein, end Seller defaults in any of the agreement] herein° Buyer may, ee
194 permitted by law:
196 1. Seek damages from Seller including costs and reasonable lawyer's fees;
196 2. Seek specific performance within six months after such right of action arises.
197
198 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the eddrese as shown at Paragraph 1.,
199 above and if mailed, are effective as of the date of mailing.
200
201 17. SUBDIVISION OF LAND. If the legal description in this Purchsse Agreement is s new description requiring a subdivision of land
202 owned by Seller, Buyer shall pay all subdivision expenses and obtain all nacsssery governmental approvals. Sailer makes no warranties or
203 representations that the legal description of the real property to be conveyed has been or will be approved for recording as of the Date of
204 Closing. NOTE: Un/sss the fo#owing costs and charges have been assessed age/nsf the property p~or to the data of this P~rchass
205 Agreement by the governments/ unit having ju~fsd/cdon (and therefore ~rem~y covered by the provisions for payment of specie/
206 assessments/, Buyer sha// assume the payment of municipal charges for deve/opment on, construct/on on, or improvement of ~e subject
207 property re/ated to access fees, connect/on fees and "hook up' fees for connections to sewer, water, and other uti/it/es.
206
209 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota.
210
211 19. WEjI. L DISCLOSURE. [Chack one of the fo//owing:/
212 ~ Seller cettiflee that Seller does not know of any wells on the property.
213 __ Walle on the property era disclosed by Seller on the ettached Wall Disclnaure fom~.
214
215 20. SEWAGE TREATMENT SYSTEM DISCLOSURE.
216 [Check either A or B:J
217 __ A. Seller certifies that Sewage generated at the property goes to a facility permitled by the Minnesota Pollution Contrcl Agency
218 (for example, a city or municipal sewer ~ystem}.
219 ~ B. Seller certifies that sewage generated at the property does not gu to a facility permitted by the Minnesota Pollution Control
220 Agency end Seller's Disclosure of Individual Sewage Treatment System is attached (attach form).
221 [Check either C or D:/
222 C. Seller does not know if there is an abandoned individual sewage treatment system on the property.
223 ~7- D. Seller knows that there [strike one:])~K/are no abandoned individual sewage treatment systems on the property. If Seller
224 discloses the existence of an abandoned individual sewage treatment m/stem on the property, then Minnem)ta law requires
226 that the location of the system be disclosed to Buyer with e map. [Attach Se//er's Disc/osure of/ndividua/Sewage Treatment
226 System with map comp/etsd./
227
228 21. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchase Agreement by
229 executing and delivering a Minnesota Uniform Conveyenclng Blank [Form No. 116-M, 117-M, or 118-MI Affidavit of Seller.
230
231 22. CONTINGENCIES. This Purchase Agreement is subject to the following contingencies which must be performed or occur before the
232 Date of Closing of this transection or such other date specified herein I"gerformenca dsta"l.
233
234 A. BUYER'S DEVELOPMENT EVALUATION. This Purchase Agreement is contingent upon Buyer obtaining by [dare]
235 ell necessary approvals, architectural reviews, licenses, zoning, conditJonal use permits, variances, building permits, environmental
236 permits, environmental approvals, and all other necessary permits, licenses end approvals (or has obtained reasonable assurances
237 acceptable to Buyer, in its sole discretion, that such approvals will be available} for the intended development of /briefly describe/:
238 Thi~ ~,.nnfin~o~ney i.~ waive1 h.v hu.ver.
239 Buyer shell promptly proceed to obtain luch permits, licensee, ipprovall end/or assurances. Seller shill assist 9~,lyer in applying for
240 rezoning, necessary licensee, conditional use permits, variances, building permits, environmental permits, and all other necessary
241 permita for the development of the property as Buyer may determine to be necessary, but at no cost to Seller.
242 This Purchase Agreement is also contingent upon Buyer determining by [data/ NA that the proposed development can be
243 conetmcted on the property without the use of piling, extraordinary filling, or elmller extraordinary lend preparation etape which would
244 make it financially impractical for Buyer's intended uss. All testa and inspections shall be conducted in such · manner so ss to prevent
245 any damage to the property. Buyer shall promptly determine the soil conditions of the ~'operty and make the nece~ary calculations.
246 Buyer shall promptly pay for all services rendered in conducting such tests and inepectiona and will not allow any mechanic's llene to
247 attach to the property. Buyer shall indemnify Seller from ell such costa, expenses and liens. Buyer and its authorized agents, shell
248 have the limited right (pursuant to Paragraph 12, above) from the date of thil Purchase Agreement, to enter upon the property to make
249 such m~rvsys, measurements, soil tests, end other tests ss Buyer deems necessary, but without expense to Seller.
260
251 B. SURVEY. Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer ohtaining, et Buyer's expense, by
252 [date] Jul? 19_ ~(~ e survey of the property certified to Buyer aa of a current date (no earlier then the data of this Purchase
263 Agreement} evidencing conditions satisfactory to Buyer and containing certif';etlone meeting the following minimum itanderds:
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255 (a) Prepared, dated and elgnad by a Minnesota Registered Land Surveyor with his or her seal affixed.
266 (b) Inciudss legal description properly identifying the property described in this Purchase Agreement.
Form 1325
Minnesota Vacant Lot Purchase Agreement - Residential Development Tract
Mifler/Oavi$ Co.· St. Paul, MN 651-642-1986
M.S.B.A. Real Property Form No. 32 (August, 1997)
PURCHASE AGREEMENT I PAGE 4
257 (c) Locates all platted end unplatted property lines and lot lines.
258 (d) Loostee all streets adjacent to the property,
259 (a) Locates all curb cuts, driveways end fences.
260 (fa Looates all esesmenta described in the plat, if any, and in the record tiffs of the property.
261 (g) Locates all visible utility lines that service the property and improvements (sewer, water, gas, electric and telephone}.
262 (h) Locetae any building astheck lines.
263 (i) Locatae all encroachments or maksa a positive statement that there are no encroachments.
264 (j) Locates all lmprovemanta on the property.
265 (k) Shows all descriptions, angles, and other calls contained in the legal description.
266
287 Buyer ~hall promptly retain a ~urveyor. If the ~urvey reveals boundary or title problems, Buyer shall promptly deliver · copy of the
268 warvay to Seller. If the survey has been delivered to Buyer after Buyer's date for starting title objections, Buyer ~hall have an additional
269 tan {10} days from the date of receiving the survey in which to Mate additional title objections. If the boundary or title orobleme
270 prevent this transaction from closing, Seller shall reimburse Buyer for all expensal of ~urvey and Buyer ~hall eealgn all rights in end to
271 the survey to Sailer.
272
273 C. ENVIRONMENTAL ASSESSMENT. This Purchase Agreement ia contingent upon Buyer obtaining, at Buyer's axpooae, a Phase I
274 Environmental A~eesmant of the property by [date/ Iuly 10:3i~Y~ , sufficient to meet the diligence requirements of federal and
275 ~tata law, certified to Buyer as of a current data (no eedier than the date of this Purchase Agreement) evidencing condition=
276 satisfactory to Buyer. Buyer shall promptly retain a qualified environmental ~cientist to conduct the environmental eeeesament. If the
277 environmental assessment reveals environmental conditions which are in violation of the law, Buyer shall promptly deliver a copy of
278 the report to Seller. If the environmental conditions ere not remedied by Seller, thereby preventing this transaction from closing, Seller
279 shall reimburse Buyer for all expenses of the environmental asaesament and Buyer ~hell esaign all rights in and to the environmental
280 esaeumont to Seller.
281
282 D. UTILITIES: The price offered by Buyer in this Pumhasa Agreement does not reflect any reliance upon any representations mede by
283 Seller aa to the location Or availability of utilities. Buyer's obligation to close under this Purchesa Agreement is contingent upon Buyer
284 obtaining, st Buyer's expense, verification that utilities can be provided to the property at costs which era reasonable for Buyer. This
285 contingency shall be setisfied by [dare] ~]A or he deemed waived. NOTE: Unless the fallowing co~ta end
286 charges have been assessed against the property prior to the date of this Pumhese Agreement by the governmental unit having
287 jurisdiction (and therefore already covered by the provisions for payment of special assessments). Buyer shell assume the payment of
288 municipal charges for development on, construction on, or improvement of the ~ubject property related to acceel fees, connection fees
289 and "hook up' fees for connections to sewer, water, and other utilities.
290
291 If any of the contingencies (1) has not been fully and completely performed or fulfilled, (2) has not been waived, or (3) has not ocoun~d
292 to the satisfaction of Buyer on or before the respective performance dates, this Purchase Agreement shall be null and void et the enla
293 option of Buyer, which option must be exercised by notice to Seller on or before the Date of Closing, and the earnest money herein paid
294 shell be promptly refunded to Buyer upon Buyer's asemlse of the option to declare this purchase Agreement null and void. Both Buyer
295 and Seller shall cooperate and make all res~onable efforts to attempt to remove the contingencies by the respective performance dates.
296
297
298
299
300
301
302
3O3
304
305
3O6
23. CLOSING. Closing shell he at the office of Seller's lawyer, Buyer's title insurer, or at =oma other mutually agreeable location.
[State otherlocetion:] 130~ ~mnn P~l~va.v_ ~,lk River_ MN
At clos~g, S~ler and Bwer shall dlscl~ ~eir ~ial Se~r~ N~re or F~erel Tax Idemlflcetlon Num~s fm ~ ~ses of
~mpleting state end federal tax
24. ADDITIONAL TERMB.
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
25. ADDENDA. Attached are ] addenda which are mede a part of this Purohese Agreement.
26. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement.
27. MULTII~E ORIGINALS. Seller and Buyer have signed/number[ t originals of this Purchase Agreement.
THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Minoesota law permits liconsad real estate
brokers end sales agents to prepare pu~chese agreements. No recommendation or representation may be made by any real estate
broker or sales agent aa to the legal sufficiency, the legal effect, or the tax conesquencee of this cataract. These ara questlorm for your
lawyer.
I agree to sell the property for the price and tarms and
conditions set forth above.
I agree to purchase the property for the price end terms and
conditions set forth above.
SELLER: BUYER:
(datal
Grace Assembly of God, a Minnesota non-profit
Percy Kalicvig
The City of Elk River, e municipal corporation {date}
SELLER: BUYER:
(date) {date)
Form 1325
MinnesOta Vacant Lot Purchase Agreement - Residential Development Tract
Mille;iD,vis Co. · St. Paul, MN 651-642-1988
M.S.8.A. Real Property Form No. 32 (August, 1997)
PURCHASE AGREEMENT / PAGE E
Gray Plant Monty
3400 City Caner
~ South Sixth SU~et
Minneapolis MN
This Purchase Agreement was prepared by:
Othera who wi# ess/st Seller or Buyer w/th t/ds transect/on:
Attorney For Buyer
Peu~r Beck/Charles Wilson
3400 City Cemer
33 South Sixth Street
Minneapolis Mn 55402
Telephone:
612-343-2801
Facsimile:
612-333-0066
Listing Agem and Broker for this transection are:
Telephone:
Focslmile:
Selling Agent and Broker for this transaction ara:
None
Telephone:
Facsimile:
Buyer's or Lender's Title Insurer:
None
Telephone:
Facsimile:
GRA CE A SSEMB£ Y
OF
GOD
CHURCH
'/
89'50'57' E 685.
¢,~
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o,
sooo ~:~ j
~'~ .-' I
LOT 2
/~ ~ · /~,
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/~ h. '
, '
~ '~0 ..
LOT 1
.... ~ ~s oo c .................
/
/
DRAINAGEANDUTILITY EASEMENTS SHOWN THV~;;
I I
5.00
~.oo
AND ADJOINING PLAT BOUNDARY LINES
O DENOTES )/2 INCH BY 14 INCH IRON MONUMENT
SET WITH AND MARKED WITH RLS No. 13293
CAP UNLESS OTHERWISE SHOWN
· IRON MONUMENT FOUND
THE SOUTH LINE OF THE SE ,'¢4 OF THE SW
OF SECTION 26, TOWNSHIP ,7,3, RANGE 26
IS ASSUMED TO HAVE A BEARING OF S 89'44' 12" W
GRAPHIC SCALE
( IN FEET )
~C~sa 1326 ENERGY PARK DRIVE
ST. PAUL, MINNESOTA 55108
(651) 644-4389
rd R Green Company
ULTING ENGINEERS
June 05, 2002 10:39:37 o m
816090j%dwg~816090-FP-SURVEY.DWG (RWINDEN) SHEET 2 OF 2 SHEETS