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HRA 1981 09 10AGENDA SPECIAL MEETING Chanhassen Housing and Redevelopment Authority Thursday, September 10, 1981 Chanhassen City Hall, 690 Coulter Drive Upper Level Conference Room 7:30 P.M. 7:30 p.m. - 1. Call to Order. r 2. Approve Minutes of August 20, 1981. 3. Clarify BRA action of December 18, 1980 Concerning John Havlik Property Acquisition. 4. Authorize Traffic Analysis Study for Highway 5 /County Road 17 Intersection. 5. Old Business. 6. New Business. 9:00 p.m. - 7. Adjournment. r , I I I I I I F F F Chanhassen Housing and Redevelopment Authority Meeting August 20, 1981 Minutes Called to Order The meeting was called to order at 7:40 p.m. Gullickson and Commissioners Horn, Bohn, and Whitehill. Executive Director Scott Martin Approval of Minutes Bohn moved, seconded by Horn, to approve the 23, 1981 meeting as presented. All voted in carried. Bond Sale Report Present were Chairman Russell. Absent was aas also present. minutes of the July favor and the motion Martin reported that the City Council authorized the issuance of $4.715 million in General Obligation Tax Increment Bonds at a net interest rate of 11.999 percent on August 13, 1981. Bond proceeds should be received within the next 4 -5 week period, so the Instant Web closing date has been tentatively scheduled for September 11, 1981. The Commissioners authorized the outright acquisition of the Huber property as soon as possible using available bond proceeds if the property can be purchased below the appraised value. Purchase option agreements should also be secured for the Havlik and Riviera properties within the next month. Remaining funds in the property acquisition account should be utilized for obtaining purchase options on other properties needed to complete the downtown project. Sorenson Property Acquisition (Parcel #8) Mike Sorenson was present to request an adjustment in the price offered by the HRA for his property located along the east side of Great Plains Boulevard, just south of W. 79th Street. He presented an overview of the history of his attempts to develop this property and discussed the development planning costs associated with these attempts. He requested an adjusted purchase price of $25,000. Commissioner Russell suggested a compromise offer of $23,500 in order to settle the matter. He also suggested the possibility of working out a land trade with Mr. Sorenson if he would commit to developing a project acceptable to the HRA and City within the next year or two. Sorenson said that neither offer would be acceptable. He offered to accept the original offer of $22,000 for his property, but added that he would sue the City to recoup the development planning costs incurred to date for this property. The Commissioners felt that this matter should be discussed with the attorney prior to any final decision. Following general discussion, Russell moved, seconded by Bohn, to acquire the Sorenson property at a total purchase price of $25,000. All voted in favor and the motion carried. Chanhassen HRA Meeting August 20, 1981 Minutes Page 2 l Courtyard Sculpture Competition Chairman Gullickson presented a brief report on this item and promised a more detailed update report at the next meeting. W. 79th Street Realignment Project j Horn moved, seconded by Russell, to authorize BRW, Inc. to proceed with the engineering plans and plat for realignment of W. 79th Street, east of Great Plains Blvd., at a cost not to exceed $5,400. All r voted in favor and the motion carried. Adjournment Horn moved, seconded by Bohn, to adjourn the meeting at 9:30 p.m. All voted in favor and the motion carried. F I I I M i r l i F STAFF REPORT CITY OF 3 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 TO: Chanhassen HRA FROM: Scott A. Martin, Executive Director DATE: September 9, 1981 RE: Havlik Property Acquisition Russ Larson will be direct mailing an update report on the Havlik acquisition negotiations to you prior to the meeting scheduled for Thursday, September 10, 1981. 7 LARSON & MERTZ �. ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST RUSSELL H. LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 335 -9565 May 29, 1981 OF COUNSEL HARVEY E.SKAAR MARK C. MCCULLOUGH the Chanhassen Mr. Scott Martin Executive Director Housing & Redevelopment Authority Box 147 j� Chanhassen MN 55317 FLand and building 165,000 II Immovable equipment 25,605 Relocation 10,000 F200,605 John Havlik appeared before the BRA on December 18, 1980, and presented his arguments that in order to relocate his business to a corner lot on West 78th Street (Burdick Park) he would require considerable additional financial assistance from the HRA. Thereupon, on December 18, 1980, by a motion made by Cliff Whitehill, seconded by Jim Bohn, the HRA adjusted the total appraisal from $200,605 to $246,105. In the same motion the land cost credit was fixed at 15% of the new site and new building cost. Those voting for the motion were Bill Gullickson, Cliff Whitehill, Jim Bohn and Mike Niemeyer. Tim Russell was absent. I' This action by the HRA was taken under the authority of the "draft" resolution of November 20, 1980, which covered severe financial hardship r cases. You will recall that you ZRUSSEL ELARSON this entire approach at a meeting the week of June 1. CITY Of CHANHASSEN REGEI�i ED Chanhasse n City AttorneyjUN 11981 RHL:ner COMMUNITY DEVELOPMENT DEPT. i Re: Chanhassen Tire and Auto (John Havlik) Acquisition Parcel 30 Dear Scott: FAs the HRA appraisal file will indicate, the Chanhassen Tire & Auto land and building were appraised on March 26, 1980, at a value of $165,000.00. The immovable equipment was appraised at $25,605, and relocation benefits were appraised at $10,000. The total values are set out as follows: FLand and building 165,000 II Immovable equipment 25,605 Relocation 10,000 F200,605 John Havlik appeared before the BRA on December 18, 1980, and presented his arguments that in order to relocate his business to a corner lot on West 78th Street (Burdick Park) he would require considerable additional financial assistance from the HRA. Thereupon, on December 18, 1980, by a motion made by Cliff Whitehill, seconded by Jim Bohn, the HRA adjusted the total appraisal from $200,605 to $246,105. In the same motion the land cost credit was fixed at 15% of the new site and new building cost. Those voting for the motion were Bill Gullickson, Cliff Whitehill, Jim Bohn and Mike Niemeyer. Tim Russell was absent. I' This action by the HRA was taken under the authority of the "draft" resolution of November 20, 1980, which covered severe financial hardship r cases. You will recall that you ZRUSSEL ELARSON this entire approach at a meeting the week of June 1. CITY Of CHANHASSEN REGEI�i ED Chanhasse n City AttorneyjUN 11981 RHL:ner COMMUNITY DEVELOPMENT DEPT. i LARSOR & MERTZ ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST I" RUSSELL H. LARSON - MINNEAPOLIS, MINNESOTA 55402 CRAIG M. MERTZ OF COUNSEL September 4, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH Scott A. Martin Executive Director Chanhassen Housing and Redevelopment Authority Box 147 Chanhassen MN 55317 TELEPHONE (612) 333 -1511 r Re: Chanhassen Tire & Auto Acquisition Dear Scott: As I advised you recently, I met with John Havlik on August 27, 1981, to discuss the acquisition and relocation of his business property. Because ofthecomplex nature of this acquisition, nothing definitive was accomplished. However, a number of points were discussed and these are set out in this report. fl II r One of the primary issues was the interpretation of the HRA action on December 18, 1980, relating to an adjustment of the appraisal price of $200,605.00 by $45,500.00. This action followed a discussion by John Havlik concerning the need for this adjustment if he were to relocate within the tax increment district. At the meeting on December 18, 1980, John furnished the commissioners with the attached materials which he felt justified an increase of $45,500 over the initial appraised value of his property, including land, building, immovable equipment and relocation. The HRA action taken that evening was on motion by Commissioner Whitehill, seconded by Jim Bohn, to adjust the appraisal of the $200,605 value by $45,500 and to extend to John the 15% land and building cost credit. This action was passed unanimously by the four commissioners present, Commissioners Gullickson, Whitehill, Niemeyer and Bohn. * It was my interpretation of this action that the $45,500 adjustment would be valid only if the business were relocated within the tax increment district. This position is supported, I feel, by the attached exhibit furnished the commissioners at the time of that meeting. As to a potential relocation site, John advised me that he was interested in the southwest corner of West 78th and Monterey in the Burdick Park. He further advised that he had discussed this acquisition with Burdick who advised him that the land cost for this 52,400 square foot parcel would be $3.50 per square foot, the total cost being $183,400.00. Scott A. Martin Executive Director September 4, 1981 Page Two As to building plans and specifications, and contractor's bids, John advised that he had no such documents at hand. All he had was an oral bid by Earl Weiklen & Sons, Minneapolis gas station builders, to build a structure of a total cost of $171,000,which construction would include the basic building, fuel tanks, pumps, hoists, and all filling station equipment. John did state that r there was supposed to be a written estimate in the mail to him and that he would deliver a copy to us as soon as received. To date, we have received no such construction bid. Of primary concern to John, in addition to the $45,500 add -on item, is the cost of financing any potential improvement. He advised that he has talked to the Chanhassen Bank and was informed that he r would be looking at an 18 -19% interest rate on any financing through j that institution. r Certain miscellaneous issues were discussed, including the right of John to remove as much personal property as he could use from the present building. Additionally, he wants to do much of the land- scaping and finishing work himself, which I thought was appropriate, provided sufficient safeguards were given to the HRA and the City that the work would be done within a prescribed time, and according to City standards. With respect to a rental for the time John would be in possession after the HRA acquisition, he was firm that all he would pay would be r a $1.00 rental, citing the Instant Web rental arrangement. I asked him to consider paying a real estate tax on a pro rata basis for the time he is in possession after HRA acquisition, but this was flatly r refused. As you can tell from this report, nothing definitive was concluded and that the critical issue is the determination of the status of the $45,500 add -on. i ;ver tr ly urs, RUSSELL H. LARSON Chanhassen City Attorney RHL:ner cc: HRA Commissioners CITY OF CHANHASSEN RECEIVED SEP 81981 COMMUNITY DEVELOPMENT DEPT. i i � y- 1 I feel that I have justification for an additional $45,500 over and (� above the current offer of $200,000 plus 15% of new land and buildin, l construction. The following is a breakdown as to why I feel this way. (1) On the current appraisal, land was valued at $2. 23 /sq, ft. x 53,8$30 , �/ $120,000 ANT I have an option on a new tract of land at $2.50 /sq. ft. x 52,400 $131,000 Additional costs $11,000 (2) The current building has been appraised (3/26/80) at $125,000, - and depreciated 66 2/3 %, leaving a current value of $45,000. Approximately one year will have passed by the time the property is actually purchased. Figuring a 12% inflation factor x $45,000 $5,400 (3) The appraisal states there is immovable property @ $42,600 $42,600 which has been depreciated 17,000 40% or $17,000, showing a value (' in place of $25,600. $25,600 I have received at least two r bids to replace only what I currently have. The lowest is for $60,000; using a 40% $60,000 depreciation factor -- $24,000; 24,000 leaving a balance of $36,000 or a difference between the $36,000 appraised value in place of j' $11,600. l $11,600 (4) The appraised has used a 66 2/3% �^ depreciation factor which I feel is unfair. The building was substantially rebuilt in 1965 due to a tornado. Using a 50% depre- ciation factor: $125,000 62,500 Balance $62,500 This means there has been a net gain of $17,500 over and above the $45,000 shown in the appraisal. $17,500 f4 $45, 500 ? l S -- a«�, 6os After reading the IIRA's resolution establishing the 15° land cost credit policy, I find xi.pxa ;t };el}IA in Section 3 E has the right to grant the above request adjustment of $45,500 to my overall purchase price. i I i r I� l f I 1 l l I r r r. SCHEDULE A ` JOHN HAVLIK NEW PROPOSED BUILDING (Cost of new building Kraus- Anderson: $200,000) Cost of New Building $155,000 Cost of Land 131,000 Cost of Pumps 60,000 $346,000 Tax Incentive 15% $52,000 Total Cost $346,000 Less: Tax Incentive - 52,000 $294,000 Less: Appraisal - 200,000 $94,000 Additional Amount of Appraisal - 20,000 $74,000 Add Old Mortgage +68,000 $142,000 Less: New Mortgage - 86,000 BALANCE $56,000 �r I I I l l I i i r 1 r l REPLACEMENT COST ANALYSIS JOHN HAVLIK BUILDING 0 SCHEDULE B CITY OWNER BUILDING $125,000 $148,000 LAND 120,000 131,000 $245,000 $268,000 TANKS, ETC. 25,000 60,000 RELOCATION _10,000 10,000 $280,000 $338,000 LESS 220,000 220,000 $60,000 $118,000 - 45,000 - 45,000 $15,000 $73,000 r l t I I r r f r Iir l I r t t SCHEDULE C JOHN HAVLIK NEW PROPOSED BUILDING (Cost of new building Kraus - Anderson: $200,000) Cost of New Building $155,000 Cost of Land 131,000 Cost of Pumps 60,000 $346,000 Tax Incentive 150 $52,000 Total Cost $346,000 Less: _Tax Incentive - 52,000 $294,000 Less: Appraisal - 245,000 $49,000 Additional Amount of Appraisal - 24,500 $24,500 Add Old Mortgage +68,000 $92,500 Less: New Mortgage - 86,000 BALANCE__ $6,500 l I l r r. l STAFF REPORT CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 TO: Chanhassen HRA FROM: Scott A. Martin, Executive Director DATE: September 4, 1981 RE: Traffic Analysis Study for Highway 5 /Co. Rd. 17 Intersection More information on the scope and estimated cost of this study will be available at next week's meeting. I will be meeting with BRW engineers, the City engineer, and officials from Carver County and the Minnesota Department of Transportation in advance of the September 10th meeting. A full report will be given at the HRA meeting. in TABLE 4 PROJECT EXPENDITURES SHORT -RANGE COSTS Item Amount 1. Acquisition, Relocation, Demolition and $ 6,500,000 Site Preparation 2. Public Improvements $ 7,500,000 CBD Area a. Ring Road $1,000,000 b. Utilities $ 500,000 c. Pedestrian Paths $1,000,000 d. Open Court $1,000,000 e. Entrance Areas $ 500,000 Phase I - Business Park Area f. Streets and Utilities $2,750,000 g. Pedestrian /Bicycle Trails $ 250,000 h. Signalization• and $ 500,000 Channelization of New Co. Rd. 17 & Hwy. 5 and Old Co. Rd. 17 & Hwy. 5 Intersections 3. Administrative & Legal* $ 2,000,000 4. Contingency $ 1,000,000 TOTAL SHORT -RANGE EXPENDITURES = $17,000,000 * Includes: Project Administration, Relocation, Professional Services (Planning, Economic, Legal, Appraisal, Brokerage, Engineering, Architectural, Bond Counsel), Financing. 9A �T �T IF TABLE 5 PROJECT EXPENDITURES LONG -RANGE COSTS (BUSINESS PARK AREA) Item Amount Phase II - Business Park Development (South of railroad tracks and west of New County Road 17) , 1. Streets and Utilities $1,250,000 2. Pedestrian /Bicycle Trails and Lake $ 250,000 Susan Park Improvements 3. Public Works Facility $1,000,000 Phase III - Business Park Development (South of railroad tracks/ Highway 5 and east of New County Road 17). 4. Streets and Utilities $2,400,000 5. Grade Separated Intersection at New $2,500,000 County Road 17 and Highway 5 and Upgrading of Highway 5 6. Reconstruction of Highway 101 South $ 500,000 of Highway 5 7. Pedestrian /Bicycle Trails $ 100,000 TOTAL LONG -RANGE COSTS = $8,000,000 I (- LAItsoN & M ItTZ {I ATTORNEYS AT LAW 1900 FIRST BANK PLACE WEST i RUSSELLH.LARSON MINNEAPOLIS, MINNESOTA 55402 TELEPHONE CRAIG M. MERTZ (612) 333 -1511 OF COUNSEL September 2, 1981 HARVEY E. SKAAR MARK C. MCCULLOUGH CITY � OF C 1 HANHASSE Chanhassen Housing and Redevelopment Authority SEP 31981 c/o Scott A. Martin, Executive Director PO Box 147 Chanhassen MN 55317 COMMUNITY DEVELOPMENT DEPT. (� Re: Acquisition Parcel 8 Michael J.and Jeanne A. Sorensen Property See Exhibit "A" attached for description I Gentlemen: i _ In accordance with established procedures, we have examined the Registered Property Abstract covering the premises described in Exhibit A attached. The Registered Property Abstract as presented for examination was prepared by Carver County Abstract and Title Company and was dated August 24, 1981, at 9 o'clock A.M. The Registered Property Abstract covering the above described property showed that it was described on Certificate of Title No. 11503 dated December 11, 1978. The Certificate is registered in Volume 34 of Certificates at page 151. j According to said Certificate of Title and Registered Property Abstract, L the property is registered in the following name: Daniel Ambrose Klingelhutz (wife is Mary Ann Klingelhutz) Such ownership is subject to the following: 1. Subject to procurement of the Owners Duplicate Certificate of Title. 2. Subject to the last half of the real estate taxes payable in 1981. The unpaid taxes are in the amount of $178.53. 3. Subject to the rights of any person or persons in possession of the premises above described. 4. Subject to the right of any person or persons to claim a lien on the premises herein for work performed or materials furnished in _ the improvement of said premises within the last 90 days. Chanhassen Housing and Redevelopment Authority September 2, 1981 Page Two 5. Subject to all encroachments, easements and other matters that might be ascertained by an actual survey and inspection of the premises above described. 6. Subject to existing zoning and building regulations and ordinances. 7. A special assessment search furnished by the City of Chanhassen discloses that there are no unpaid special assessments nor pending assessments against these premises. 8. The interest of Michael J. Sorensen in said premises is derived from a contract for deed, dated February 21, 1979, recorded February 21, 1979, in Volume 34 Torrens page 151, as Document No. 29316, executed by Daniel Ambrose Klingelhutz, aka Daniel Klingelhutz, and Mary Ann Klingelhutz, contract for deed vendors to Michael Sorensen. 9. The following statutory exceptions appear upon the face of the Certificate of Title: a. Liens, claims or rights arising under the laws of the Constitution of the United States, which the statutes of this state can not require to appear of record. b. Any tax or special assessment for which a sale of the land has not been had at the date of the Certificate of Title. c. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. d. All public highways embraced in the description of the lands included in the Certificate shall be deemed to be excluded. e. Such right of appeal or right to appear and contest the application as is allowed by law. f. The rights of any person in possession under deed or contract for deed from the owner of the Certificate of Title. We shall be in a position to close on the acquisition of this parcel upon delivery to the HRA of the following documents, all of which shall be in form and content acceptable to this office: a. Title insurance binder issued by Title Insurance Company of Minnesota. b. Warranty deed, Klingelhutz to Sorensen,with state deed taxes affixed. c. Warranty deed, Sorensen to HRA (prepared by this office). d. Affidavit of Seller (prepared by this office). Chanhassen Housing and Redevelopment Authority u September 2, 1981 Page Three III e. Receipt for payment of last half of 1981 real estate taxes. f V f. Seller's funds in amount of $45.25 to cover cost of registered property abstract. g. Seller's funds in amount of $5.00 to cover cost of filing Klingelhutz deed. h. Owners duplicate certificate of title. A copy of this opinion is being forwarded to Kohlrusch Abstract & Title Service, Inc.,Attorney Robert Nicklaus, representing Messrs. dKlingelhutz and Sorensen, and Mr. Sorensen. Very ly yours, Russell H. Larson Attorney for Chanhassen Housing and Redevelopment Authority RHL:ner enc r I r EXHIBIT A DESCRIPTION OF PREMISES That part of the Northwest Quarter of the Northeast Quarter of Section 13, Township 116, Range 23, West of 5th principal meridian, described as follows: Beginning at a point on the West line of said Northwest Quarter of the Northeast Quarter, distant 611.91 feet Southerly from the Northwest corner of said Northwest Quarter of Northeast Quarter; thence Southerly along said West line a distance of 110.79 feet; thence Easterly at a right angle to said West line a distance of 146.00 feet; thence Northerly parallel with the West line a distance of 122.68 feet; thence Westerly along a non - tangential curve concave to the North having a radius of 2059.86 feet and a central angle of 4* 04' 31" a distance of 146.51 feet to the point of beginning. F 7 F F F IT I' W HITF— Office tbpy v IdLLO W— Puycr'a l-npy I; REEINt— :iell�r':a t bp}' 1.1NK— l3uyei = fG•celGt PURCHASE AGREEMENT/�� M. /CuJ r Chanhassen di - Minn., , 81 19..... . RECEIVED OFHousin. g_. and.. Redevelo. pment.. Autho .rity...of._Chanhassen,,,.14 nnesota the sum of Twenty Five Hundred and no /100----------- - - - - -- 2500.00 ........................................... _ .................. I._._. .... ........__ ..... 1 _($_...._._...........) DOLLARS the .............. _...... _........ ............................. .as earnest money and in part payment for the purchase of property at (Check to be deposited upon acceptance, or Note— State Which) State Highway No. 101 and West 79th Street,Chanhassen ... ...... ......_.......____ .................................. - ............... ...._...._.._............_._.. _, .. __ _...._..... situated in the County of ... CdYV2r,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,, ,, „. „- „,,,.... State of Minnesota, and legally described as follows, to -wit: See Attached Exhibit A - -, r-- - - - --- _ -.. _.,.. _.....- .,_.., _..... shades, blinds (inc u in curtain rods, traverse rods, drapery rods, It ht u s, plumbing fixtures, hot water tanks and heating plant (wit an of er equipment used in connection there- with), water softener and liquid gas tan i t e property of se et ision antenna, inciner- ator, built -in dis a isposal, ovens, cook top stoves and central air conditioning equipment, 1 an , all of which property the undersigned has this day sold to the buyer for the sum of: Twenty ..Five...Th..ouA and, ..and_, no/ 100 - - -- .- .-- .- .-- .----- - - - -.- ..(525, 000.00) DOLLARS, which the buyer agrees to pay in the following manner 2,500.00 22,500.00 September 15, 198 Earnest money herein paid $ .. . ............. and V.. ..... .... .., cash, on ......... ...., the ate of closing. Seller agrees to pay in full all present special assessments against the subject premises, whether or not currently levied. Subject to performance by the buyer the seller agrees to execute and deliver a .... _... General ........_.. ........._. ........_.._ ................... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject tq¢2ttancies) The buyer shall pay the real estate taxes due in the year 1 ....... Ht150 X0J5X&X = =fix ffii£j3YidaYSlXXXR&K XYANXXX ad5&D1XBa= Seller warrants that real estate taxes due in the year 19 8,2... will be ._ .__ non ............ ................... homestead classification (full, partial or non - homestead — state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, Are entirely within the boundary lines of the property and serees to remove all personal_ prope�cry� not included herein and all debris from the premises prior to possession date. ] CX. 9{ AQ7C2iD7X.&iQtSXXiXX�XaYdC�W4Vc The seller further agrees to deliver possession not later tha.Sep.temb.er...1.7 ,, 1981 . provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. .w¢nswaswastwxwvi.},' Faun+ 4' RUf+ avwspuaacinw. nafu¢ uncngramxusreuauea�asvvn�mrr�ut�avn. �37sec4g x,rn3x acxts lane€ x l� x: tx�[ n ..ncao acacicadsanr��3x� raacxxR�cltxxaa�xx �c�* �x, r, ��*; a, riE�acx�a,< r5�1�¢ at�i €.3f3ft'�ntB@aoxd&xsxi�xx .......... ....... _. ................. ..._............ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tide or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be 20 all(3vZr d days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall he postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said tide is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the tide to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. The delivery of all papers and monies shall be made at the office of: HRA Executive Director Chanhassen °'City ... Hall— ............ I, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. By..._.._ ..................... ....._................_........ ............._..........__Agent I hereby agree to purchase the said properry for the price and upon the terms above mentioned, and subject to all conditions herein expressed. Chanhassen H.R.A. (SEAL) ......................................................... ............................... . ................ `^”. >- ..'.1.'..1 tB..�............. '........................ (SEAL) Buyer 7 I " i \iIL LEI:- I,IA� -IS Cu. Ylln nrapolfs F 7 F F F IT I' W HITF— Office tbpy v IdLLO W— Puycr'a l-npy I; REEINt— :iell�r':a t bp}' 1.1NK— l3uyei = fG•celGt PURCHASE AGREEMENT/�� M. /CuJ r Chanhassen di - Minn., , 81 19..... . RECEIVED OFHousin. g_. and.. Redevelo. pment.. Autho .rity...of._Chanhassen,,,.14 nnesota the sum of Twenty Five Hundred and no /100----------- - - - - -- 2500.00 ........................................... _ .................. I._._. .... ........__ ..... 1 _($_...._._...........) DOLLARS the .............. _...... _........ ............................. .as earnest money and in part payment for the purchase of property at (Check to be deposited upon acceptance, or Note— State Which) State Highway No. 101 and West 79th Street,Chanhassen ... ...... ......_.......____ .................................. - ............... ...._...._.._............_._.. _, .. __ _...._..... situated in the County of ... CdYV2r,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,, ,, „. „- „,,,.... State of Minnesota, and legally described as follows, to -wit: See Attached Exhibit A - -, r-- - - - --- _ -.. _.,.. _.....- .,_.., _..... shades, blinds (inc u in curtain rods, traverse rods, drapery rods, It ht u s, plumbing fixtures, hot water tanks and heating plant (wit an of er equipment used in connection there- with), water softener and liquid gas tan i t e property of se et ision antenna, inciner- ator, built -in dis a isposal, ovens, cook top stoves and central air conditioning equipment, 1 an , all of which property the undersigned has this day sold to the buyer for the sum of: Twenty ..Five...Th..ouA and, ..and_, no/ 100 - - -- .- .-- .- .-- .----- - - - -.- ..(525, 000.00) DOLLARS, which the buyer agrees to pay in the following manner 2,500.00 22,500.00 September 15, 198 Earnest money herein paid $ .. . ............. and V.. ..... .... .., cash, on ......... ...., the ate of closing. Seller agrees to pay in full all present special assessments against the subject premises, whether or not currently levied. Subject to performance by the buyer the seller agrees to execute and deliver a .... _... General ........_.. ........._. ........_.._ ................... Warranty Deed (to be joined in by spouse, if any) conveying marketable title to said premises subject only to the following exceptions: (a) Building and zoning laws, ordinances, State and Federal regulations. (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject tq¢2ttancies) The buyer shall pay the real estate taxes due in the year 1 ....... Ht150 X0J5X&X = =fix ffii£j3YidaYSlXXXR&K XYANXXX ad5&D1XBa= Seller warrants that real estate taxes due in the year 19 8,2... will be ._ .__ non ............ ................... homestead classification (full, partial or non - homestead — state which) Neither the seller nor the seller's agent make any representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller covenants that buildings, if any, Are entirely within the boundary lines of the property and serees to remove all personal_ prope�cry� not included herein and all debris from the premises prior to possession date. ] CX. 9{ AQ7C2iD7X.&iQtSXXiXX�XaYdC�W4Vc The seller further agrees to deliver possession not later tha.Sep.temb.er...1.7 ,, 1981 . provided that all conditions of this agreement have been complied with. Unless otherwise specified this sale shall be closed on or before 60 days from the date hereof. .w¢nswaswastwxwvi.},' Faun+ 4' RUf+ avwspuaacinw. nafu¢ uncngramxusreuauea�asvvn�mrr�ut�avn. �37sec4g x,rn3x acxts lane€ x l� x: tx�[ n ..ncao acacicadsanr��3x� raacxxR�cltxxaa�xx �c�* �x, r, ��*; a, riE�acx�a,< r5�1�¢ at�i €.3f3ft'�ntB@aoxd&xsxi�xx .......... ....... _. ................. ..._............ The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of tide or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and State and Federal judgments and liens. The buyer shall be 20 all(3vZr d days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall he postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said tide is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, at option of the buyer, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the tide to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either parry of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. The delivery of all papers and monies shall be made at the office of: HRA Executive Director Chanhassen °'City ... Hall— ............ I, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. By..._.._ ..................... ....._................_........ ............._..........__Agent I hereby agree to purchase the said properry for the price and upon the terms above mentioned, and subject to all conditions herein expressed. Chanhassen H.R.A. (SEAL) ......................................................... ............................... . ................ `^”. >- ..'.1.'..1 tB..�............. '........................ (SEAL) Buyer