HomeMy WebLinkAbout2009 10-12 EDAP EDA MEETING
City of Brooklyn Center
October 12, 2009 AGENDA
1. Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority},
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. September 28, 2009 Regular Session
2. September 28, 2009 Executive Session
4. Commission Consideration Items
a. Resolution Authorizing the Acquisition of Real Property Located at 6045
Brooklyn Boulevard in Connection with the Remove and Rebuild Program and
Approving Sales Contract Between the Economic Development Authority of
Brooklyn Center and Highland Bank.
Requested Commission Action:
—Motion to adopt resolution.
5. Adjournment
EDA Agenda Item No. 3a
i
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 28, 2009
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 8:48 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were Executive Director Curt Boganey, Director of Business and
Development Gary Eitel, Assistant City Manager/Director of Building and Community
Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off
Site Secretarial, Inc.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Lasman moved and Commissioner Yelich seconded approval of the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. September 14, 2009 Regulaz Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. CONSIDER THE SALE OF PROPERTY LOCATED AT 57 AND LOGAN
AVENUES NORTH
President Willson announced the intent of the EDA to adjourn to closed Executive Session
regarding the sale of property located at 57 and Logan Avenues North, and that the EDA will
adjourn from Executive Session and will not reconvene in open session following the Executive
Session.
09/28/09 -1- DRAFT
5. ADJOURNMENT
Commissioner Lasman moved and Commissioner R an seconded ad'ournment of the Economic
Y J
Development Authority meeting to closed Executive Session at 8:51 p.m. and to adjourn from
the Executive Session.
Motion passed unanimously.
09/28/09 -2- DRAFT
I
MINUTES OF THE PROCEEDINGS
OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
EXECUTIUVE SESSION
SEPTEMBER 28, 2009
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Executive Session called
to order by President Tim Willson at 8:56 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were Executive Director Curt Boganey, Director of Business and
Development Gary Eitel, Assistant City Manager/Director of Building and Community
Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off
Site Secretarial, Inc.
3. CONSIDER THE SALE OF PROPERTY LOCATED AT 57� AND LOGAN
AVENUES NORTH
The City Council, City Attorney, and staff discussed the sale of property located at 57�' and
Logan Avenues North.
5. ADJOURNMENT
Commissioner Lasman moved and Commissioner Ryan seconded adjournment of the Economic
Development Authority meeting at 9:55 p.m.
Motion passed unanimously.
09/28/09 -1- DRAFT
EDA Agenda Item No. 4a
EDA COUNCIL ITEM MEMORANDUM
DATE: September 23, 2009
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Resolution Authorizing the Acquisition of Real Properry Located at 6045
Brooklyn Boulevard in Connection with the Remove and Rebuild Program
and Approving Sales Contract Between The Economic Development
Authority of Brooklyn Center and Highland Bank,
COUNCIL ACTION REQUESTED:
Motion to adopt the Resolution Authorizing the Acquisition of Real Property Located at 6045
Brooklyn Boulevard in Connection with the Remove and Rebuild Program and Approving
Sales Contract BetweenThe Economic Development Authority of Brooklyn Center and
Highland Bank
BACKGROUND:
6045 Brooklyn Boulevard is a single family residence that was converted to a real estate office
use in the late 1970's. This property is located on the corner of Brooklyn Boulevard and 61
Avenue North and is a highly visible site which adjoins the Northbrook Apartments to the south
and is across from the BP Service Station.
The site receives its access from 61 Avenue North and provides a unique opportunity to extend
its driveway to serve the Northbrook Apartments, thus improving the public safety of the
apartment residents and all the transportation uses of this minor arterial roadway.
Additionally, the opportunity to acquire this property will position the City to address current site
conditions which are having a blighting influence within this corridor and facilitate a future
partnership with Hennepin County in updating previous studies and developing implementation
strategies to enhance multi-modal transportation uses of Brooklyn Boulevard.
REM
OVE AND REBUILD PROGRAM:
On January 12, 2009, the EDA adopted Resolution No. 2009-02 "A Resolution Establishing
Housin� Pro�rams and Annrovin� the Use of Funds from T� Increment District No. 3 Housine
Account" which authorized the Remove and Rebuild Program.
The program was created to remove blighted, distressed, and unmarketable properties and to
return theses properties to an enhanced and compatible use with the neighborhood and consistent
with zoning regulations and the City's Comprehensive Plan.
Additionally, the program recognized that if an appropriate use for the land is not imminent, the
property will be land banked until such time an appropriate use becomes available.
Proposed Acquisition:
The Hennepin County Tax Records identi�es the property owner of 6045 Brooklyn Boulevard as
Highland Bank as the owner and talcpayer.
The 2009 property tax value is shown at $343,400.
A review of the City records shows the following sales data:
2007 $365,000
1985 55,000
The property is a corner lot with 130 ft. of fronta e on Brooklyn Boulevard and 150 ft. of
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frontage on 61 Avenue North with a lot area of 20,116 sq. ft. The tax records indicate that the
residence was built in 1935.
The property is presently zoned G1, Service/Office District and was registered as a vacant
building on June 4, 2009.
The Land Use and Transportation Elements of the City's Comprehensive Plan and the Brooklyn
Boulevard Corridor Streetscape Amenities Study have identified the benefits of replacing the
single family homes on Brooklyn Boulevard with attractive non-residential land uses that
promote public safety and protect adjoining residential neighborhoods.
The costs associated with the acquisition fee and demolition are estimated at approximately
$15,000.
At this time, staff is recommending that the canopy and signage are removed and that the
structure is winterized pending further review by the City and discussions with Hennepin County
on updating the Brooklyn Boulevard Streetscape Studies and investigating possible
transportation grant opportunities.
Attached is a purchase agreement in the amount of $224,900 with a closing date scheduled for
October 30, 2009
BUDGET ISSUES:
The acquisition and demolition costs for this property will be funded by the Housing Account
from Tax Increment District No. 3.
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING TI� ACQUISITION OF REAL PROPERTY
LOCATED AT 6045 BROOKLYN BOULEVARD IN CONNECTION WITH
THE REMOVE AND REBUII.D PROGRAM AND APPROVING SALES
CONTRACT BETWEEN TI� ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER AND HIGHLAND BANK
WHEREAS, on January 12, 2009, the Economic Development Authority in and for
the City of Brooklyn Center, Minnesota (the "EDA") adopted Resolution No. 2009-02 establishing
housing programs and approving the use of funds from the T� Increment District No. 3 housing
account; and
WHEREAS, one of the housing programs so established was the EDA's Remove
and Rebuild Program (the "Program") to acquire demolished, blighted, distressed, and unmarketable
properties to be returned to uses compatible with the neighborhood; and
WHEREAS, real property located at 6045 Brooklyn Boulevard (the"Subject
Property") is a vacant and foreclosed property owned by Highland Bank and listed for sale with
Coldwell Banker Burnet at $224,900; and
WHEREAS, a purchase agreement for the purchase by the EDA of the Subject
Property in the amount of $224,900 has been approved by the property owner; and
WI�REAS, the EDA has determined that acquisition of the Subject Property on the
terms and conditions set forth in the proposed purchase agreement is consistent with the goals and
objectives of the Program and is in the best interests of the City of Brooklyn Center and its citizens.
NOW THIItEFORE BE TT RESOLVED b the Economic Develo ment
P
I
Y
Authorit in and for the Cit of Brookl Center, Minnesota, as follows:
Y Y Yn
1. The purchase agreement for the Subject Property is hereby approved.
2. The President and Executive Director of the EDA are authorized and directed to
execute the purchase agreement, and the FJCecutive Director is authorized and
directed to take all such further steps as aze necessary to effect the terms thereof.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof:
And the following voted against the same:
Whereupon said resolution was declared passed and adopted
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COMMERCIAL PURCHASE AGREEMENT
This form approved by the Minnesota Association of REALTORS�
c3 and the Minnesota Commercial Association of REALTORS�, which
disclaims any liability arising out of use or misuse of this form.
B�y 7T n-.� m 2009 Minnesota Association of REALTORS�, Edina, MN
iuv� 1. Date
2. Page 1 of pages
3. Received of Citv of Brooklvn Center
4. the sum of Two thousand
5 2,000.00 DOLLARS
6 �t,e�k as earnest money and in part payment for the purchase of property
(Ch�k, cash w note-state which.J
7• 8t 6045 Brooklvn Blvd 429rooklvn Center I�i 552 situated in the
8. Couniy ofi Hennepin State of Minnesota, and legally described as follows
9. WANGSTADS BROOIa.YN TERRACE Lot 004 Block 005
10.
11. together with the following personal property:
12.
13.
Two hundred twenty-four thousand
14. all of which property the undersigned has this day sold to Buyer for the sum of: nine hundrea
15. 224 900 oo DOLLARS, which Buyer agrees to pay in the following manner:
16. Eamest money herein paid 2, o00 oo and 222 900 oo cash, on
17. october 30 2009 the date of Closing and the balance of
8. by financing as shown on the attached Addendum.
9. 1. DEEDlMARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty
20. Deed conveying marketable title to the property subject only to the following exceptions:
21. (a) building and zoning laws, ordinances, State and Federal reguiations; (b) restrictions relating to use or
22. improvement of the premises without effective forfeiture provision; (c) reservation of any minerals or mineral rights
23• to the State of Minnesota; (d) utility and drainage easements which do not interfere with present improvements;
24. (e) rights of tenants as follows:
25.
26.
27. 2. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be prorated between
28. Seller and Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this
29. Purchase Agreement. Real estate taxes payable in the years prior to closing shall be paid by Seller. Real estate
30. taxes payable in the years subsequent to closing shall be paid by Buyer.
31. 3. SPECIAL ASSESSMENTS:
32• BUYER AIdD SELLER SHALL PRORATE AS OF THE DATE OF CLOSING SELLER SHALL PAY
--�---�----(Checkone.)--------------------••-----
33. on the date of closing all installments of special assessments certified for payment with the real estate taxes
34. due and payable in the year of closing.
35. BUYER SHALL ASSUME �x SELLER SHALL PAY ON DATE OF CLOSING all other special assessments
36. ievied as of the date of this Agreement.
37. BUYER SHALL ASSUME SELLER SHALL PROVIDE FOR PAYMENT OF special assessments
------rcnecxone.l------------
38. after the date of this Purchase Agreement and before the date of closing, Buyer may, at Buyer's option: (a) assume
39. payment of the pending special assessment wifhout adjustment to the purchase price; or (b) require Seller to pay
0. the pending special assessment (or escrow for payment of same a sum equal to 1 1/2 times the projected
NC: PA-1 (8/09)
Coldwell Banker Burnet 7�50 France Ave SouthEdina, MN 55435
Phone: (6S 1) 225 4200 Fax: (651) 227 3497 Jim Seabold City of Brookl
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COMMERCIAL PURCHASE AGREEMENT
41. Page 2
BURNET
42• pending assessment} and Buyer shall pay a commensurate increase in the purchase price of the property, which
43. increase shall be the same as the estimated amount of the assessment; or (c) declare this Purchase Agreement
44• terminated by written notice to Seller or licensee representing or assisting Seller. If Buyer terminates this
45. Purchase Agreement, Buyer and Seller shall immediately sign a cancellation of purchas� agreement directing
46. all earnest money paid hereunder to be refunded to Buyer. Seller shall pay on date of closing any deferred
47. real estate taxes or special assessments payment of which is required as a result of the closing of this sale.
48. 4. PRORATIONS: All items customarily prorated and adjusted in connection with the closing of the sale of the
49. property herein including but not limited to rents, operating expenses, interest on any debt assumed by Buyer,
50. shall be prorated as of the date of closing. It shall be assumed that Buyer wilf own the property for the entire
51. date of the closing.
52• 5. DAMAGES TO REAL PROPERTY: If there is any loss or damage to the property between the date hereof and
53. the date of closing, for any reason, the risk of loss shall be on Seller. If the property is destroyed or substantially
54. damaged before the closing, this Purchase Agreement shall terminate, at Buyer's option, if Buyer gives written
55. notice to Seller or licensee representing or assisting Seller of such termination within thirty (30) days of the
56. damage. Upon said termination, Buyer and Seller shall immediately sign a cance4lation of purchase agreement
57. directing afl earnest money paid hereunder to be refunded Buyer.
58. 6. EXAMINATION OF TITLE: Within a reasonable time after acceptance of this Purchase Agreement, Seller shall
59. provide evidence of title to Buyer or Buyer's designated title service provider, which shall include proper searches
60. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments,
61. as follows:
62. IF THE PROPERTY IS ABSTRACT, Seller shall provide either (a) a commitment for an owner's policy of title
63. insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota and Seller
4. shall pay the costs of evidence of title for such title insurance policy, and Buyer sha(I pay the premium for any
5. owner's policy or lender's poticy issued by the title insurance company, the title examination fee and the fee
66, for any endorsements or other coverages requested by Buyer; or (b) Abstract of Title certified to date. Seller
67. shall pay for all abstracting fees and surrender any abstract in SellePs possession or control to Buyer at
68. Closing.
69. IF THE PROPERTY IS TORRENS, Seller shall provide, at Buyer's option and request, either. (a) a Registered
70. Property Abstract certified to date; or (b) a commitment for an owner's policy of title insurance on a current ALTA
71, form issued by insurer licensed to write title insurance in Minnesota. Seller shall be responsible to pay, under
72. either option, only those costs necessary to prepare the Registered Property Abstract or commitment. Buyer
73. shall, at Buyer's option, pay for either an attorney's title opinion or the title insurance premium (for both an
74• owners policy and any lender's policy and the examination fee, together with the costs for any endorsements
75. or other coverages requested by Buyer).
76. Buyer shall have ten (10) business days after receipt of the Abstract of Title, Registered Property Abstract
77. or title insurance commitment to provide Seller, or licensee representing or assisting Seller, with written objections
78. to title. Buyer shall be deemed to have waived any title objections not made within such ten (10) day period,
79, except that this shall not operate as a waiver of Seller's covenant to deliver a Warranty Deed, if a Warranty
80. Deed is specified in this Purchase Agreement. Seller shall use Seller's best efforts to correct any title objections
81. noted by Buyer and to provide marketable title by the date of Closing. In the event Seller has not cured the
82. title objections or otherwise provided marketable title by the date of Closing, Seller shall have an additional
83. thirty (30) days to correct the title objections or otherwise make title marketable. Buyer may waive title
84. objections or other defects by written notice to Seller or licensee representing or assisting Seller. In addition
85. to the thirty (30) day extension, Buyer and Seller may by mutual agreement further extend the Closing date.
86. Lacking such extension, either party may declare this Purchase Agreement terminated and neither party shall
s7. be liable for damages to the other. Buyer and Seller shall immediately sign a cancellation of purchase agreement
ss. directing all eamest money paid hereunder to be refunded to Buyer.
89. 7. POSSESSION: Selfer sha11 deliver possession of the property on the date of Closing.
�30. 8. REPRESENTATIONS AND WARRANTIES: See attached Addendum.
91. 9. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
MNC: PA-2 (8/09)
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CC?fVilt�ERCSAL PURCHASE AGft�EMEN7
60Ab Brooklya Blvd 429rooklyn Center MN.
92. Address 552
T Yi�r�7ET 93. Page 3
�.J Li �t L:1
94. 10. SELLER CERTIFlES THAT SELLEF? DOES Q ttOES NOT KNQW OF A SUBSURFACE SEWAGE
I •------_..._.�cneckw+e.�--.�
95. TREATM�NT Sl'STEM flN OR SERViNG THE PROPEFt'T'Y: {tf answar is DOES, and ths $ystem does not
96, reyuire a stafe perrnit, see Subsurface Sewage freatment System Oisclosure.y
97. 11. SELLER CERi�IP1ES 7HAT SELL�R pOES (]x DOES NOT KNOW OF ANY WELLS ON OR SERViNG
.....--•---••(che�kanel--.....-•--�---6
98. THE PROPERTY. (tf ansv�tsr is DOES, see I�IeU Disclosure Siatement.}
99• 12. ADDENDA. Attached are (number) Addenda which are ma�e a part of this Purchase Agreement.
100. 13. MISGELLAh1E0US PROVI81f3NS.
101. (a) Survival. A11 of the warrenties, representations and covenants of khis Agreement shaA survive and be
102- enforceable after the Gosing.
103. (b) 6t�tire Agreernent; Modifica#ion, This Purcttase Agreement constiiut�s the com�lete agreemen# between
104_ the parties and supersedes any prior oral or wntten agreements between the parties regarding the property.
1��. There are no verbal agreements that change this Purchase Agrenmant and no waiver of 2ny of its terms
wiU be effective unless +n writing executed by th2 par�ies.
107. {c) Successors and Assigns. If this Purchase Agreement is assigned, afi provisions of this Purchase
�08. Agreement shali be binding on successors and assigns.
109. i4. ACGEPTANCE DEAOLINE. This offer fo purchase, unless accepted sooner, snatl be nuit and void ai
11�_ 11:59 p.m., and in such event ali eamest money shall be r�funded to
Buyer.
112. NOTtGE
113. Patsicis 4ia11 co?a,.�eii Baar.er Burnet Represents xiahland 8ant
(ACMIJ ((:Cmpsry NEme)
11d. Jim Sesbold Coidwell Banker Buraet Represents czt� of Hroaklvn center
(Rpe�l) (C�nrpany Nane)
i 15.
(sa;(a sS,gn: rctZ"'',` J -L: iDalbr( !°ry�'s^S�^au¢E1': (Uate)
�ttl
1'f6. Hic'hland Bank Citv of Brookl:vn Center
(Sepe!s print�' Nam_1 {Bu�,rer`a Prmisd Namx}
117. corporatian
(Secial Seturiiy Numper or Fedsrai Tax ID r.:mlber cpi;onap !NWrla� SIa��7 (Swiel Security humberw Fscera 7ax ID r�:m�er- optiwsa!J (fdaritalStaNSI
(SCiter� S�gna�r�} t7•r.e1 iB:ryer's Sianalu: tGale;
113.
(SeAarc Prir.let Nzme) (Huyers Pdz�ec Na.»e}
120.
(Secia! Searih� Jumber ar Federrl Tax ID exmibv eplanal; {Soeiaf Seeuriry Munber a�FeCera! Tax 10 r.jmber eptioraq
121. TNIS IS A LEGAL.LY BlNQlNG CONTRACT. iF NOT Ui+tL?ERSTOOD, SEEf{ COMPEFENT ADVICE.
MNC: PA-3 (8109)
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ARBITRATION DISCLOSURE AND
RESIDENTIAL REAL PROPERTY
ARBITRATION AGREEMENT
This form approved by The Minnesota Association of REALTORS�,
BURNET which disclaims any ifability arising out oi use or misuse of this form.
2009 MinnesoW Association of REALTORS�, Edina, MN
1. Page 1
2 ARBITRATION DISCLOSURE
3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use
4. or enjoyment of the property that you are buying or selling decided by binding arbitration, or by a court of law. By agreeing
5. to binding arbitration, you give up your right to go to court. By signing the RESIDENTIAL REAL PROPERTY
6. ARBITRATION AGREEMENT (ARBITRATION AGREEMENT) on page two, you agree to binding arbitration under the
7. Residential Real Property Arbitration System (Arbitration System) administered by National Center for Dispute Settlement
8. (NCDS) and endorsed by the Minnesota Association of REALTORS� (MNAR). The ARBITRATION AGREEMENT is
9. enforceable only if it is signed by all buyers, sellers and licensees representing or assisting the buyers and the sellers.
10. The ARBITRATION AGREEMENT is not part of the Purchase Agreement. Your Purchase Agreement will still be
11. valid whether or not you sign the ARBITRATION AGREEMENT.
12. The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It
13. is not government sponsored. NCDS and the MNAR jointly adopt the rules that govern the Arbitration System. NCDS
14. and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of
15. NCDS.
16. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the property, excluding
17. disputes related to title issues, are subject to arbitration under the ARBITRATION AGREEMENT. This includes claims
18. of fraud, misrepresentation, warranty and negligence. Nothing in this Agreement limits other rights you may have under
19. MN Statute 327A (statutory new home warranties) or under private contracts for warranty coverage. An agreement to
20. arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that
21. regulates the real estate profession, about licensee compliance with state law.
22. The administrative fee for the Arbitration System varies depending on the amount of the claim, but it is more
23. than initial court filing fees. In some cases, conciliation court is cheaper than arbitration. The maximum claim allowed
24. in conciliation court is $7,500. This amount is subject to future change. In some cases, it is quicker and less expensive
25. to arbitrate disputes than to go to court, but the time to file your claim and pre-hearing discovery rights are limited. The
26. right to appeal an arbitrators award is very limited compared to the right to appeal a court decision.
27. A request for arbitration must be filed within 24 months of the date of the closing on the property or
28. else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24-month
29. limitation period provided herein.
30. A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with
31. NCDS. NCDS notifies the other party, who may file a response. NCDS works with the parties to select and appoint an arbitrator
32. to hear and decide the dispute. A three-arbitrator panel will be appointed instead of a single arbitrator at the request
33. of any party. The party requesting a panel must pay an additional fee. Arbitrators have backgrounds in law, real estate,
34. architecture, engineering, construction or other related fields.
35. Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days in
36. advance. A party may be represented by a lawyer at the hearing if he or she gives five (5) days advance notice to the
37. other party and to NCDS. Each party may present evidence, including documents or testimony by witnesses. The arbitrator
38. must make any award within 30 days from the final hearing date. The award must be in writing and may provide any
39. remedy the arbitrator considers just and equitable that is within the scope of the parties' agreement. The arbitrator
40. does not have to make findings of fact that explain the reason for granting or denying an award. The arbitrator may
41. require the party who does not prevail to pay the administrative fee.
42. This Arbitration Disclosure provides only a general description of the Arbitration System and a general
43. overview of the Arbitration System rules. For specific information regarding the administrative fee, please see the
44. Fee Schedule located in the NCDS Rules. Copies of the Arbitration System rules are available from NCDS by calling
45. (888) 832-4792 or on the Web at www.ncdsusa.org or fram your REALTOR�. If you have any questions about arbitration,
•46. call NCDS at (888) 832-4792 or consult a lawyer.
47. THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT
48. BETWEEN BUYERS, SELLERS AND LICENSEES. IF YOU DESIRE LEGAL ADVICE, CONSULT A LAWYER.
MN:ADRAA-1 (8/09)
Produced with ZipFwrr� by zipLoguc 18070 Fi(teen Mile Road, Freser, Michigan 48D26 www.zioLoaix.com Ciry of Brookl
ARBITRATIflN DlSCLOSURE AND
R�STDENTtAL REAL PRUPERTY
ARBITRATIC}N AGREENiENT
B7 j��� 49. Page 2
W
5D. THfS IS AN OPTIONAL, VOLUNTARY AGREEMENT.
51. READ ThtE ARBITRAi"10N OISCLOSURE OH PAGE �NE IN FtlLL BEFOR� SiGNING.
52. RESIDENTtAL REAL. PROPERTY ARSITRATlOt�1 AGREEMENT
53. For the property I�cated at fioa5 srookivn s1v�
54. City of Srooklyn Center COUllty of Hennetoin State of Minnesoka.
55. Any dispute between the undersigned part+es, ar any of them, about or relating to ma#erial facts affecting the ase or
56. enjaymsnt of the property, exciuding disputes related to title issues of the property cavered by the Purchase Agreement
57. dated inc{uding ciaims of fraud, misrepresentation, watranty and
58. negligenca, shall be settled by binding arbitration, National Center for Dispute Setilemant shall be the arbitration service
59, provider. The rules adopfed by Natianal Center for Dispute Setilement and the Minnesota Association of REALTORS�
60. shall govern the proceeding(s). The rutes that shall govern the proceeding(s) are tho�e rufes in effecf at the time fhe
61. Deman� for Arbitration is filed and include the rules specified in the Arbitration Disdosure an page one. This Ag�'eement shal!
62. survive the delivery of the deed or contract for deed in .he Purchase Agreemer+t. Tt�is Agreement is only enforceable if
63. all buyers, setlers and licsnsees representing or assis#ing the buyers and seflers have agreed to arbittate as acknawiedged
G4. by si.gnatures below.
65. c,�....1'
er's igc�a1ur� (Dafe) �Buyer's �ignati�re� (date)
66. Hiqhland Barnl; CitV of Brooklvn Center
(Selters Printed Name) (Buyers Printed Name)
s�.
(SeUer's Signature) (Dale) (Buyer`s Signature) (Datej
ss.
(Setler's Pr+nted Name) (Buyer's Printed t�arcie) I
z
69. �w�� �--c�
(Licensee Representing or Assisting Seller) (Datej {Li�'ensee Representing or Assistin� Buyer} (Date)
70. Coldwell Banker Surnet Coldwell Banker �nrnet
(Company Name) (Company Namej
71. THE RESlDENTiAL REAL PROPERTY ARBITRATIOPI ACREENiENT IS A LEGALLY B1NDiNG CONTRACT
72. BETWEEh! BUYERS, SEL�EFtS AND LiCENSEES. IF Yt3ll DESIF2E LEGAI ADVlCE, CONSULT A LAWYEft.
MN:ADRAA-2 (8/D9)
ProduceC ml� Z:cFo �nJ by z�lu9x i EOtO fd�¢an R�L!o Ra�. Fras� FAichugan 460?6 w+rw.tiaLuaix can Cin• of [3ruokl
AGENCY RE�ATIONSHIPS IN
REAL ESTATE TRANSACTIONS
II
1. Page 1
BURNET
2. MINN€S07A LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with
3. consumers what type of agency representation or relationship they desire. The available aptions are listed below. This
4. is not a contract. This is an agency disclosure form oniy. If yau desire representation you must enter into a written
5. contract, according #o state law (a listing contract or a buyer representatian contract). Until such time as you choose
6. to enter into a written contract for representation, you will be treated as a customer and will not receive any representation
7. from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph V on page
8. two (2)), unless the broker or salesperson is representing another party, as described below.
9. ACKNOWLEDGMENT: tM/e aeknowledge that I/we have been presented with the below-described options.
10. I1We understand that untit Uwe have signed a representation cantract, Uwe amlare nat represented by the
11. broker/salespersan, UWe understand that written consent is required for a dual agency relationship.
12. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION.
13.
(Signature) City of 'B�oz�k:lyn Center' (Date) (Signature) {Date)
14. L Seller's Broker: A�roker who lists a property, or a salesperson who is licensed to the listing broker, represents
15. the Seller and ac#s on behalf of the Seller. A Seller's broker owes to the 5eller the fiduciary duties described
16. on page two (2).� The broker must also disclose to the Buyer material facts as defined in MN Statute 82.22,
17. Subd. 8, of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment
18. of the property. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or
19. she must act in the Seller's best interest and mus# tell the Seller any information disclosed to him or her, except
20. confidential informatian acquired in a facilitator relationship (see paragraph V on page two (2)). In that case, the
21. Buyer will not be represented and will nQt receive advice and counsel from #he broker or salesperson.
22. 11. Subagent: A broker or salesperson who is working with a Buyer but represents the Seller. In this case, the Buyer
23. is the broker's customer and is not represented by that broker. If a broker or salesperson working with a Buyer as
24. a customer is representing the Seller, he or she must act in the Sellsr's best interest and must tell the Sellsr any
25. information that is disclosed to him or her. In that case, the Buyer will not be represented and wilt not receive advice
26. and counsel ftom the broker or salesperson.
27. I11. Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on
28. beha{f of the Buyer. The broker may repcesent fhe Buyer only, and not the Seller, even if he or she is being paid
29. in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described on page two
30. (2) The broker must disclose to the Buyer material facts as defined in MN Statute 8222, Subd. 8, of which
31. the broker is aware #hat could adversely and significantly affect the Buyer's use or enjoyment of the properry. If
32, a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must act in the
33. Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential information
34. acquired in a facilitator relationship (see paragraph V on page two {2)). In that case, the Seller will not be represented
35, and will not receive advice and counsel from the broker or saiesperson.
36. N. Dual Agency Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson
37. represents both parties to a transaction, or when twn salespersons licensed to the same broker each represent a
38. party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and
39. salesperson owe the same duties to the Seller and the Buyer. This role limits the level of representation the broker
40. and salesperson can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential
41. information abaut price, terms and motivation for pursuing a transaction will be kept confidential uNess one party
42. instructs the broker or salesperson in writing to disclose specific information about him or her. Other information
43. will be shared. Dual agents may not advocate for one party to the detriment of the other.�
44. Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described
45. on page two (2).� Dual agents must disclose to Buyers material facts as defined in MN Statute 82.22, Subd. 8, of
46. which the br�ker is aware that could adversely and significantly affect the Buyer's use or enjoyment ofi the
47. property.
�48. I have had the opportunity to review fhe "Notice Regarding Predatory Offender (nformatian".
(inifia!) (initial)
49. an page two. (2)
MN:AGCYDISC-1 (8/07)
Cold�eell Banker Bumet 7350 Fronet .Ave SoutUEdina, ;�lh SSa3S P64ne: (651) 223 4200 Fnx; (6SI) 227 3d97 Citg of BrooL:l
lim Senlx�ld Produced with ZipForm�l by xipLogix 180i 0 FiNeen Mle Road, Freser, Mic!l�igan 48026 www.zioloaix.eom
AGENCY RELATIONSHIPS IN
REAL ESTATE TRANSACTIONS
50. Page 2
BURNET
51. V. Facilitator: A broker or salesperson who perForms services for a Suyer, a Seller or both but does not represent
52. either in a fiduciary capacity as a Buyer's Broker, Seller's Broker or Dual Agent. THE FACILITATOR BROKER
53. OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED BELOW,
54. EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A WRITTEN FACILITATOR
55. SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of confidenfiality to the party but
56. owes no other duty t� the party except those duties required by 1aw or contained in a written facilitator services
57. agreement, if any. ln the event a facilitator broker or salesperson working with a Buyer shows a property listed by
58. the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker (see
59. paragraph I on page (1)). In the event a facilitator broker or salesperson, working with a Seller, accepts a
60. showing of the property by a Buyer being represented by the facilitator broker or salesperson, then the facilitator
61. broker or salesperson must act as a Buyer's Broker (see paragraph III on page one (1)).
62. This disclosure is required by law in any transaction involving property occupied or intended to be occupied by
63. one to four families as their residence.
64. �Z� The fiduciary duties mentioned above are listed below and have the following meanings:
65. Lo al broker/salesperson will act only in client(s)' best interest.
66.
Obedience broker/salesperson will carry out all client(s) lawful instructions.
67. Disclosure broker/salesperson will disclose to client(s) all material facts of which broker/salesperson has knowledge
68. which might reasonably affect the client(s)' use and enjoyment of the property.
69. Confidentialitv broker/salesperson will keep client(s)' confidences unless required by law to disclose specific
70. information (such as disclosure of material facts to Buyers).
I
71. Reasonable Care brokeNsales erson will us
p e reasonable care in erformin duties as an a n
p g e t.
9
72. Accountinq broker/salesperson will account to client(s) for all client(s)' money and property received as agent.
3. If Seller(s) decide(s) not to agree to a dual agency relationship, Seller(s) may give up the opportunity to sell the
4. properly to Buyers represented by the broker/salesperson. If Buyer(s) decide(s not to a ree to a dual a enc
9 9 Y
75. relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker.
76. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender
77. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be
78. obtained by contacting the local law enforcement offices in the community where the property is located,
79. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections Web site at
80. www.corr.state.mn.us.
MN:AGCYDISG2 (8/47)
Produced wlth ZipForm� by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zinLoaix.com City of Brookl
CONTRACT FOR EXCLUSIVE RIGHT
TO REPRESENT BUYER
BURNET
1. Date
2. Citv of Brooklyn Center ("Buye�') gives Coldweli Banker
3. Burnet, Buyers Broker ("Broker"), through Jim Seabold the Buyer's AgenUSalesperson ("Agent"),
4. the exclusive right to locate and/or assist in negotiations for the purchase, exchange, or option to purchase ("Purchase"), property at
5. a price and with terms acceptable to Buyer. This agreement ("Agreement") starts on and ends
6. at 11:59 p.m. on This Agreement may be cancel�ed by written mutual agreement of the parties.
7• AGENTS OBLIGATION: The Agent shall:
8. 1. Make a reasonable effort to locate property acceptable to Buyer.
9. 2. Assist in negotiations for the Purchase of property.
10. 3. Assist Buyer throughout the transaction.
11. 4. Act in Buye�'s best interest at all times, subject to the terms of Agency representation specified below if applicable.
12. 5. Comply with all applicable fair housing and nondiscrimination regulations.
13. BIfYER'S OBLIGATION: The Buyer shall:
14. 1. Work exGusively with Agent for the Purchase of property.
15. 2. Provide Agent with accurate and relevant personal financial information to determine Buyer's ability to Purchase property.
16. 3. Cooperate with Agent in finding, a property to Purchase. After a purchase agreement has been accepted by a Seller, Buyer
17. is legally obligated to Purchase the property. If Buyer refuses to close the Purchase for any reason (subject to relevant
contingencies) other than the failure of Sefler to erform
Bu er shall
a Broker all com en ation
P Y p Y s due under this A reement.
19 p 9
NOTICE: THE COMPENSATION FO
R THE PURC
HASE LEASE RENTAL O M
R ANAGEMENT OF REAL
20. PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND THE BROKER'S CLIENT.
21 COMPENSATION Buyer agrees to compensate Broker if Buyer or any other person acting on Buyer's behalf agrees to Purchase
22, any property during the term of this Agreement.
23. 1
Bu er shall a Broker a retain r
Y P Y e fee of when Buyer signs this Agreement. Broker shall keep
24. this fee even if Bu er does not P
y urchase properry. The retainer paid shafl a pl toward satisfaction of Bu er's obli ation to
P Y
Y 9
25. pay a Commission to Broker.
26. 2. For real estate listed for sale by a real estate broker, Buyer shall pay Broker 2. 700 °/a of the Purchase price of the
27. property plus $395.00 ("the Commission°), when Buyer Purchases or upon demand, if Buyer refuses to close the Purchase
28. upon terms specified in an accepted purchase agreement, if:
29. A. Buyer Purchases or agrees to Purchase property before the end of this Agreement, even if Buyer does not use AgenYs
30. services; or
31. B. Within 30 days after the end of this Agreement, Buyer Purchases property which either Agent has physically shown
32• Buyer or in which Buyer has made an affirmative showing of interest to Agent before the end of this Agreement, as long
33. as Agent has identified this property on a written list Agent gives to Buyer within 72 hours after the end of this Agreement.
34. C. Buyer shall not be obligated to pay commission to Broker if upon expiration of this Agreement, Buyer has entered into
35. another valid Buyer Broker Agreement.
36. 3. The Broker is authorized to negotiate and receive a commission or fee paid by a Seller and/or Seller's broker. The amount of
37. the commission or fee to be received from a Seller's broker shall be determined by and/or equivalent to the published MLS
38. offer of compensation to buyer broker. Broker shall notify Buyer in writing as to the amount of compensation being received
39. from Seller or Seller's broker prior to Buyer signing an offer to Purchase the property. Any commission or fee accepted by
40. Broker from a Seller or Seller's broker Q SHALL SHALL NOT reduce any obligation of the Buyer to pay the "percentage"
41. portion of Commission, however, Buyer remains liable to a the "fixed° ortion of Commission see line 29 a
P Y p t closing. Buyer
42. understands Buyer may be required to pay certain closing costs which may increase the actuat cost of Purchase.
43. 4. For properties not listed with a real estate broker or for sale by owner properties which Buyer Purchases or agrees to
44. Purchase with or without assistance of Broker, Bu er a rees to a Broker 2. 700 of h
45 y 9 p y /o t e purchase price of the
ro e lus 3
p p rty p 95.00 as full Commission due under this contract.
46. CAUTION: BUYER'S ACTIONS IN LOCATING A PROPERTY MAY AFFECT PAYMENT OF COMPENSATION BY SELLER(S) AND
47. MAY THEREFORE OBLIGATE BUYER TO PAY ALL OR PART OF THE COMPENSATION IN CASH AT CLOSING. FOR
48. EXAMPLE: THE ACT OF GOING THROUGH AN OPEN HOUSE UNACCOMPANIED BY YOUR AGENT OR SIGNING A
49. PURCHASE AGREEMENT THROUGH ANOTHER AGENT OR WITH OWNER (FOR SALE BY OWNER), MAY REQUIRE YOUR
50. PAYMENT OF THE FULL COMPENSATION TO YOUR BROKER.
THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND COLDWELL BANKER BURNET.
IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
CBR 1040 (4/08) Owned And Operated By NRT LLC 9I9
Coldwell Banker Burnet 7550 France Ave SouthEdina, MN 55435
Phone: (651) 225 4200 Fae: (651) 227 3497 Jim Seabold City of Brool:l
Produced with ZipForm� by zipLogix 18070 FiReen Mlle Road, Fraser, Michigan 48026 www.zioLoaix com
Page 2 CONTRACT FOR EXCLUSlVE RIGHT
TO REPRESENT BUYER
51. OTHER POTENTtAL BUYERSc The Broker or Agent ma re resent or work wfth other otential bu ers for the sa
Y p p y me property
52. before, during and after the expiration of this Agreement. Other potential buyers may consider, make offers or Purchase through
53. Broker or Agent the same or similar properties as Buyer is seeking to acquire.
54. PREVIOUS AGENCY RELATIONSHIPS: The Broker and/or Agent may have had a previous agency relationship with a Seller of a
55. property the Buyer is interested in pu�chasing. Buyer agrees to allow Buyer's Broker or Agent fo keep information regarding the
56. ultimate price and terms the Seller would accept and the motivation for seiling confidentiai, if known.
57. GENERAL NATURE OF PROPERTY (Including the following property types: existing, new construdion or to-be-built.} (Check aIl
58. that apply) 0 Residential/Personal Residential/Investment Commercial/Industrial Recreation Farm Q Vacant Land
59• PRIVATE INS?ECTION/W,4RRANTY: The Broker and Agent recommend that Buyer obtain a private home inspection to satisfy
60. himself/herself with the physical condition of the property. Furthermo�e, there are warranty pr4grams available for same properties
61. which the Buyer may wish to investigate prior to a Purchase of any specific property.
62. OTHER:
63. Nt)T10E REGARDING PREDATORY OFFENDER INFORMATION
64. Information regarding the predatory offender registry and persons registered with the predatory offender registry under MN Statute
65. 243_166, may be obtained by contacting the local law enforcement offices in the community where the property is )ocated, or the
66. Minnesota Department of CoRectians at (651) 367-7200, or ftom the Department of Corrections Weh site at www.corr.state.mn.us.
67� ADDITIONAL NOTICES AND TERMS
68. If either Buyer or Broker brings an action for enforcement of fhis Agreement, the prevailing party in such action shall be sntitled to
69. recover aIC costs and expenses including alt reasonable attomeys' fees and court costs.
70� G�NSENT FOR COMMUiU1CATION OTHER
71. Buyer authorizes Broker and its salespersons to contact Buyer by mail, phane, fax, email or other means of communication during
72. the term of this Agreement and any time thereafter,
73. In the event Buyer purchases a NON-MLS listed property, Buyer authorizes Broker/Agent to enter the property, in MLS records, as
74. a Comp sale on Buyer's behalf.
75. Buyer acknowledges the possibility that sellers or seller's representatives may not treat the existence, terms or conditions of offers
76. as confidential unless conf+dentiality is required by law, regulation or by any confidentiality agreement between the parties.
77 AGENCY REPRESENTATION;
78. If the Buyer{s) choose to purchase a property listed by Broker, a dual agency will be created. This means that Broker will represent
79. boih the Buyer(s) and the Sefler(s), and owe the same duties to the Seller(s) that Broker owes to the Buyer(s). This conflict of
80. interest will prohibit Broker from advocating exclusively on the Buyer(s) behalf. Dual agency will limit the level of representation
81. Broker can provide. If a dual agency should arise, the Buyer(s) will need to agree that confidential information about price, terms
82. and motivation will still be kept confidential unless the Buyer(s) instruct Broker in writing to disclose specific information about the
83. Buyer(s). All other information shaN be shared. Broker cannoi act as a dual agent unless both ihe Buyer{s) and the Seller(s) agree
84, to it. By agreeing to a possible dual agency, the Buyer(s) will be giving up the right to exclusive representation in an in-house
85. transaction. However, if the Buyer(s) should decide not to agree to a possible dual agency, and the Buyer(s) want(s) Broker to
86. represent the Buyer{s), the Buyer(s) mav nive un the opportunity to purchase the properties listed by Broker.
87. Bu�er's Instructions to Broker.
88. �C Buyer(s) will ac�ree�o a dual agency representation and will consider properties tis#ed by Broker.
89. y ,,�yer(s) will nbt ag�ee to a dual agency representation and will not consider properties.listed by Broker.
S d
90. Br�ker� j C liiweli B�ker 8u��et Buyer:
91. BY� .,�i Buyer:
(Salesp�`rsor,) (Date)
92. COLDWE�:L BANKER �NET r�
f f (Buyer) Gi�ty of Brotakl,�n C�ntex+ (Date)
93. (By) l.. s .e„
(Salesperson) Jim Seabo�'d (Date) (Buyer) {Date)
94. 821 Grand Ave, St Paul, MN 55105
(Address) (Address)
95, t65I}276-8555
(Phone) (Phone)
CBR 1040A (4/08)
Produced with ZipForrr� by ziptogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com CiN of Brookl
BUYERS ESTIMATED EXPENSE WORKSHEET
(See explanation in Work Sheet Guidelines)
BURNET
Buyer. citv of Brooklvn Center Date Prepared:
Property Address:6oas Broaklvn Slvd. Brooklvn Center.
Type of Financing: Term: Rate: Points:
ASSUMPTION or
NEW FINANCING ASSUMPTION w/CD
HUD SECTION 100 GROSS AMOUNT DUE FROM BORROWER C�{ S�
1. Contract Sales Price
HUD SECTION 200 AMOUNTS PAID BY OR IN BEHALF OF BUYER
2. Down Payment
3. Amount of New Loan or Contract for Deed t
4. Seller Paid Buyers Closing Costs f
HUD SECTION 700 70TAL SALES/BROKER'S COMMISSION
5. Brokerage Commission $395
HUD SECTION 800 ITEMS PAYABLE IN CONNECTION WITH LOAN
6. Loan Origination Fee
7. Loan Discount
8. Appraisal Fee
9. CreditReport
10. Lender's Inspection Fee
11. Assumption Fee
12. CommitmentFee
13. Document Preparation
14. Flood Certification
15. Tax Service Fee
16. VA Funding Fee
HUD SECTION 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
17. Interest from to
18. Hazard tnsurance Premium (1st year)
19. Mortgage Insurance Premium (1st year or loan term)
20. Flood Insurance Premium (1st year)
HUD SECTION 1000 RESERVES DEPOSfTED WITH LENDER
21. Hazard Insurance Premium
22. Mortgage Insurance Premium
23. Flood Insurance Premium
24. Property Taxes
HUD SECTION 1100 TITLE CHARGES
25. Seftlement or Closing Fee ($250-$350)
26. Title Examination ($14�)
27. Title Insurance (Owner's) or Attomey's Opinion
28. Title Insurance (Lender's)
29. ARM Title Insurance Endorsement Conventionat ($50-$100)
30. Plat Inspection Review ($60, may vary by county)
31. Name 8� Judgment Search/Service Fee ($30)
32. Recording Service Fee ($25-$30 per document)
33. Courier and Processing Fee ($25 per package)
HUD SECTION 1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
34. County Recording Fee ($46 per document)
35. Mortg. Reg. Tax ($2.30/$1000) (Henn./Ramsey $2.40/$1000)
36. Conservation Fee ($5 per mortgage)
CBR �020 (6/oe) Page 1 Owned And Operated By NRT LLC
Coldwell Bankcr Bumet 7550 France Ave SouthEdina, MN 55435
Phone: (651) 225 4200 Fax: (651) 227 3497 Jim Seabold City of Brookl
Produced with ZipForm� by zipLogBc 18070 Fifteen Mile Road, Fraser, Michigan 46026 www.zioLooix com
BUYERS ESTIMATED EXPENSE 1NQRKSHEET
(See explanation in Work Sheet Guidelines)
HUD SECTION 1300 ADDtTIONAL SETTLEMENT CHARGES
37. Other
38. Private Home lnspection Fee
39. Coidwell Banker Home Prvtection Plan ($420 options)
HUD SECTION 300 CASH AT SETTLEIVfENT FROM TO BUYER
40. Gross amount due from buyer (Items #1, #5-39)
41. Less amounts paid bylfor buyer (Items #2-4)
42. Total due from/to buyer (5ubtract line #41 from line #40)
MONTHLY PAYIVtENT BREAKDOWN: Buyers acknowledge receipt of a copy of this
Principa) and Interest Buyers Estimate Expense worksheet and
Hazard Insurance understand that the figures are based upon
Mortgage Insurance thos� a�ailable at this date and may not be
Property Taxes totally accurafe or complete as of the date of
Association Fee closing and no representation is made by
TOTAL MONTHLY PAYMENT Caldweli Banker Burnet or its agents as to the
accuracy or completeness of the figures.
(Buyer Signature) {Date) (8uyer Signature) (Date)
city of Bx�okl� Centez�
BUYER'S ESTIMATED EXPENSE WORKSHEET GUIDEUNES
(Reference Form No. CBR 1020)
5. Broker Commission Commission due ta Coldwell Banker Bumet per Representation/Senrice
Agreement.
6. Origination Fee New Financing Origination Fee: 1% of the loan amount for Conventianal, FHA and
VA.
7. Discaunt Points Percentage of the loan amount including M1P or PMI or the VA Funding Fee, if
financed.
8. Appraisal Fee FHA, VA —$300.00, Conventional —$350.00 or more.
9. Credit Report Normally $58.00, however if you have unmarried co-mortgagors use $120.00.
10. Lender's Inspection Fee This charge covers inspections, often of newly constructed housing, mede by
employees of your lender or by an outside inspector.
11. Assumption Fee Assumption Fee FHA without release of liability —$125.00; FHA with release of
liability —$500 plus credit report fee; VA without release of liability —$45.00;
VA with release of liability fee is $300.00 and 1/2% VA Funding Fee plus credit
report fee; Conventional check with lender —(usualfy 1%).
12. CommitmenUUnderwriting Fee Cost associated to the analysis of risk and setting of rate and terms for a specified
loan with the investor.
13. Document Preparation Fee $60.00 -$100.00 applicable to Conventional mortgages only. For preparation
of actual closing documents.
14. Flood Gertification Search to determine if property lies in a designated filood zone and whether flood
insurance will be required, cost about $25.�0.
15. Tax Service Fee $75.00 approx. Applicable to Conventional mortgages only. Paid to third party
company who is responsible far rnonitoring the proper#y tax escrow account.
16. VA Funding Fee The VA charges a fee to help defray their administrative and default costs. This fee
can range from no charge for a disabled veteran to 3.0% of the loan for a veteran
who is reusing their eligibility. This fee is usually financed but can be paid by the
seller or the buyer.
CBR 1020A 6/OS Pa 2
9
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BUYERS ESTIMATED EXPENSE WQRKSHEET GUIDELINES
{Reference Form No. CBR 1020)
Prepaid Items
17. Prepaid Interim Interest We recommend one full month's interest be estimated. (Loan amount x interest
rate annual interest divided by 12 months monthly interest). Assumption: If
closing occurs on or after the 20th of the month the buyer will be required to pay
the next month's payment at closing, Iess the credit for seller's interest obligation.
18. Hazard Insurance
Premium (1st year} An estimate of the annual premium may be computed by multiplying the purchase
price by $4.00 per one thousand.
19. Mortgage Insurance
Premium (1st year) Insurance written by a private company protecting the lender against loss resulting
from a mortgage default, usually paid monthly with no up front cost but many
options exist.
20. Flood Insurance Premium This may be required if the property is located in a designated flood zone. The 1st
year premium would be required along with 2 months for the escrow account.
Escrow Items
21. Hazard Insurance Premium Two months are collected at closing to open the escrow account. This amount is
in addition to the 1 year policy paid for in advance by the buyer. See line 25
above.
22. Mortgage Insurance Premium When PMI is used with a conventional loan, two months of the renewal premium
will be escrowed to open the account, unless PMI is being financed into the
mortgage.
24. Property Taxes In most situations four months of the annual property taxes must be escrowed to
open the escrow account. In an assumption the buyer will be required to purchase
the seller's escrow account. Please contact the listing agent or lender to obtain
the exact figure.
.25. Settlement/Closing Fee $250.00 -$350.00 approx. The closing fee is paid to the title insurance
company. For a VA mortgage the VA will not allow the buyer to pay the closing
fee, it must be charged to the seller.
26. Title Examination The examination fee is paid to the title insurance company for review of
documents to create a chain of title and prepare a title insurance commitment.
27. Title Insurance (Owner) or
Attomey's Opinion Varies with sales price. Call your Title Company Representative or Mortgage Loan
Officer. On an Assumption, CD or Cash Transaction the Buyers can obtain either
Title Insurance or an Attomey's opinion to examine Title.
28. Title Insurance (Mortgage) Varies with mortgage amount. Call your Title Company Representative or
Mortgage Loan Officer.
29. ARM Title Insurance Endorsement
Fee $50.00 -$100.00 Conventional
30. Plat Inspection and Review $60.00 approx. (May vary by County)
31. Name/Judgment Searches/Service
Fees $30.00 approx.
32. Recording Service Fee $25.00-$30.00 per document
33. Courier and Processing Fee $25.00-$30.00 processing fee per package, for delivery or overnight service
34. County Recording Fee $46.00 per document
35. Mortgage Registration Tax $2.30 per one thousand of the loan amount (Hennepin or Ramsey counties -$2.40
per thousand.) In the case of a Contract for Deed, this fee will be waived by the
State provided the contract is recorded within six months of its date of issuance.
Recording of a contract for deed is now mandated by the Minnesota State Law.
36. Conservation Fee $5.00 per mortgage.
37. Other Any other expenses that the buyer may have agreed to pay.
38. Private Home Inspection Fee Optional varies with type of inspection. Used to address buyer's concern with
condition of property.
39. Homeowners Warranfy $420.00 options optional warranty coverage on certain items. Refer to
Homeowners Warranty Brochure.
sR io2os �s�os� Page 3
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COMMISSIQN DiSCLOSURE
ADDENDUIifl TO BUYER CONTRACT
BURNET
Addendum ta contract dated between
Date
Cit�r of Brookl,yn Centcr �g gr
s Y
and Coldwell Banker Burnet, Buyer"s Broker (Broker).
Broker hereby notifies Buyer that the "selling portion" of compensation (exciuding "listing portion")
Coidwell Banker Burnet i
s receivin fra o
m the
seiler and/or selier
s broker is 2. 700 /o of the sale price.
price.
Buyer acknowledges receipt of this Disclosure prior to the Buyer signing an offer to purchase the
property, and that Buyer has received a copy of this document.
9
t�
Cold�rell' Banker �rnet :.f
X
Bv r ,_...a°
Agent Date Buyer Date
Jim�rSeabald City of Brook.ly�a Center
821 Grand Ave St Paul I+II�t 55105
Address g�ye� Date
�651)276-8555
Phone
Add25s
Phone
CBR 1148 (1/D8) Owned and Operated by NRT LLC
Coldtivcll F3anker Burnel 7550 France Ate S�uthEdina,l�tN 55�35
Phone: (6� t) 225 42b0 Fax: (65I) 227 3q97 1im Seabold Cih of Broakl
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AFFILIATED BUSiNESS ARRANGEMENT DISCLOSURE STATEMENT
Ta Consumer From: Coldweil Banker Burne
t URNET
Thank you for contacting us, your local Cofdwell Banker Burnet office (hereinafter Broker), in connection with the purchase or sale of a
home or other property. This is to give yau notice that Broker has a business relationship with the companies listed in this Statement, in
that each of the companies is whoily or partially owned either directly or indirectly by NRT LLG or by Realogy Corporation. Realogy
Corporation indirectly whoily owns NRT LLC, a parent company of your local Broker and other brokerage offices throughaut the nation.
Realogy Corporation aisa owns the franchisor of the COLDWELL BANKER�, COLD1/UELL BANKER COMMERCIAL�, CENTURY 21�,
ERA� and SOTHEBY'S INTERNATIONAL REALTY� systems. Because of these relatianships, the referral of business to these
companies may provide us, our employees or other retated parties noted herein a financial or other benefit.
In connection with providing real estate brokerage services, Broker may receive a commission or a cooperative brokerage referral fee for
a referral to another real estate brokerage company (which is rypical in the real estate brokerage industry); however, #his will not affect fhe
amount you pay to purchase or seU a property.
We have set forth below the full range of services that these companies provide, along with an estimate of the range of charges generally
made for these setvices. Yow are NOT required to use the listed companies as a condition of the purchase or sale of yaur property.
THERE ARE FREQUENTLY OTHER SETTLEMENT SERVIGE PROVIDERS AVAtLABLE WITH SIMILAR SERVICES. YOU ARE FREE
TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVIGES AND THE BEST RATE FOR THESE
SERVICES.
HUD-1 DESCRIPTION! MINNESOTA ESTlMATE OF RANGE WISCONSIN ESTIMATE QF RANGE
COMPANY LINE DESIGNATION OF CHARGES GENERALY MADE OF CHARGES GENERALLY MADE
BY PROVIDER� BY PROYIDER�
PHH HOME LOANS; LLC I Loan origination fee (801) I 0- 2°Jo of loan amount 0- 2% of loan amount
d/bla BURNET HOME LOANS
Provide a full range of I Loan discount fee/points (802)Z 0- 5% of loan amount I 0- 5% of loan amount
residential first mortgage loan
products and services. I Application fee (804 Series) $0 -$450 �$0 -$450
BURNET TITLE, LLC. Closing Fee (buyer and seller) line 1101 $280 -$635 I$225 -$280
dlb/a Bumet Title and Title Evidence/search/abstracting fee $185 -$350 per residential parcel included in premium
Bumet Tiile of �sconsin line 1102
(RESIDEMTIAL) Title Examination fee (buyer or seller) I$145 I included in premium
Provides searches of line 1103
public records, that bring
to your attention any Owner's Policy of Title Insurance Premium of no more than S4 per Premium of no more than $5 per
known problems wfth the (buyer) line 1108-1110 $1,OOQ of sale price $1,000 of sale price with a minimum
property's title before charge of $150.00
closing and insures
against loss due to Mortgage Policy of Title Insurance $50.00 if pUrchased with an Owner's
certain title defects. (buyer) line 1108-1110 Policy, Premium of no more than �3
per $1,000 ofioan amount wiihout an
Owner's Policy, with a minimum
charae of $100.00 $50.00 with an Owner's Policy
Miscellaneous Title fee (buyedseller) I�0-$400 I$0-55
line 1106-1120
U.S. National 1031 Excfrange
Acts as a qualified irttermediary for Additional settlement charges $500.00-53,000.00 $500.00-$3,000.00
IRC 1031 Tax Deferred Exchanges (�300 Series)
NRT Insurance Agency, Inc
Provides insurance agency Hazard Insurance Premium 903 $2•50 -$4 psr thousand dollars of $2.50 -$4 per thousand dollars of
services for homeowners and replacement cost of dwelling repla�ment cost of dweUing
other types of insurance.
1. Actual charges may vary according to the particular circumstances underlying the transaction, including the home value, coverage and limits, other
requested terms and sernces, unusual market conditions, government regulations, property location and features, and other similar factors. Rates
may not be the lowest available and are subject to change. For a free, no obligation quote, please contact the company directly. Where required by
state law, current rates for insurance are filed with the applicable state agency, and depending upon the circumstances, may vary from the rates
shown above.
2. The loan discount fee/points are affected by ths note rate. Depending upon market conditions, the loan discount fee/points may be higher to adjust
for below-market rates.
3. There are other charges imposed in connection with mortgage loans. In addition, a lender may require the use of other service praviders, including
but not limited to an attorney, credit reporting agency or real estate appraisar chosen to represent the lende�'s interest. If you apply to any of these
companies for a loan, you will receive additional information regarding anticipated charges.
Although not affiliated business arrangements, please also note the following: certain Brokers market the Coldwell Banker Home
Protection Plan (provided by American Home Shield Corporationj, as well as other products and services. Broker, its employees or its
affiliate(s) may receive a financial or other benefit in connection with the products or services described herein.
Acknowledgement of Receipt af Disclosure
I/We have received the A��iated Business Arrangement DisGosure Statement from Broker and understand that Broker may refer me/us to the settlemsnt
service providers listed in this Statement Broker, its employees or its affiliate(s) may receive a financial or other benefit as the result of that referral.
�Name Ci� af B�oo�€�.qz� G�nt�r Date Name Qate
UatlemarN iensetl �p�Ce�� COLDY4ELL BANKER COt+1MERCIAL� ore regtstereo Irotlemarks Ilurtsetl to ColdweY 8nnker Real Estate LL4 FRP,� is a replsleretl tratlemark 6censed �n ERA Franchtsa Systems, LLC. CENTURY 21� ts a reqisreretl
tury 27 Real Eslale LLC. SOTHEBY'S IN7ERNaTtONAL REALTY� Is a regktered Irademark Ocer�see !o Saheby's Inlernalional Really Affdiales, LLC.
An EQ�aI Oppottuntty Conyan7. Equal Housi� Opponunl:y. Ownetl a� Oparafed by NRT LLC 52001 NRT LLC. AA riqhls rau`ved. GBR I 149 (4rD8) Re�ised Apri12008
Coldwell Banker 6wnet?Si01'rar,ce Ave SouU�Edin�, �1N 554i5 Phonr. f651)'25 -42W Fax: f6511'27 i497 ('�q� �'g.��;�
lim Sabnld ProOUCed with ZipFotm�` by zipLoga 18070 FiRcen Mile Road Praser, Michigan 48026 www.zioLooix.com
Home Financing
Burnet Home Loans* offers Coldwell Banker
Burnet customers the oppartunity to be pre- k�
approved for a hame loan prior to looking at
property. The entire process is ainazingly fast a
and simple. Burnet Honne Loans guarantees to
give customers a loan decision within 24 hours,
right over the phane, and in most cases, within
15 minutes. Upon pre-approval, you will be
positioned as a"cash buyer" and this will be a
distinct benefit to you as you negatiate your
home purchase of.fer. The best part is there is T-;
n4 cost and no obligation for the pre-approval
service it's FREE.
�u�net .1�Io�e �oans Se�vice G�a�antees:
Accessible Mortgage decisions tivithin 24 hours or we pay you $250.
Accountable Close your loan by your requested closing date or reduce your interest rate
by 1/8 of one percent, for the life of your loan.
Accurate We buarantee your Ioan closing costs, chazged at closing performed by
Burnet Title, will be what we told you on your final Good Faith Estimate
or we will pay you $250.
CaII: 952-844-63UU Local
888-844-68d0 Toll Free f
1. I have been advised by my Coldwell Banker B�unet agent of the hame-buying advanta�es of obtainintr
mortgaee pre-approval. y
2. I am aware that mort'age financin� is offered throu� Bumet Home Loans**�* with the service �uarantees
described above. y
acknow(edge receipt of Coldwell Banker Burnet Nome Service's .Affiliated Business Arran ement Disclosure
Statement relating to $umet Home Loans. 1 am aware that there are frequently other�settlement service
providers available rvith similar services. am also aware that I am free �o�$hop around to �7etennine thai I am
receivina the best services and the best rate for those servic�
Customer's signature Date C d�vell Bank�r't3urx�et Agent's signature Date
CitYr of Brookl�n Center im Seabold
'Thia offa nf mongagr (nancing and� related seJVice guarencea is made solely Ay PHN Home Loana, LLC, UBA IIumM Hume Loans, 7510 F�nnce Ava S. Edina, MN 55435. "ApproveA, qnnvenuotlal
purchnse loans c�ily. does na ni�aramree �he� amoun� of any fce eharunt by Ihe rcal estate 6rd:er a the amouni ot prepaid rapenscs uicu as wxss, insurance, interim imerest, hazartl inuuana ur
mon¢aga insuranm. "•°Financing pru�ided by 6umM Home Lonns All rights taerved. Amhoriud n� lend irt M� and N1. Minnesota: this is na. an oSTer to enta an in�errst rate loc):•in agrzemem Not
intended m be a sdiciialiun in any atder ztare. BumetHcme Loans is an Fqual Op�xinunih Lrnder. Ikices and pro3rams art su6ject to change widwut notict
CBRI l50 (1/OS}
Coidwell Banker AumM 79g0 Fronce Ave SouthEdina, tvlN 53435 Phone; (051) 225 -4200 Fu: {651) ??7 i49) City aCBroa}:1
)im Seabold Produced wilh ZipForrr� by zipLogiu 18070 Fitte� Mile Road, Fraser, Michigan�48026 www.zioloaix.com
U.S. OeparGnent of Housing �„eu ry,M OMB Approvai No: 2502-0538
and Urban Developmeni a �P P•
Federal Housing Administrotion (FHA) o" ex 07131l2009
7 E
Ti �i
g �'M' DEYE�
For Your Protection:
��t a Home Inspection
Why a Buyer Needs a Home Inspection
A home inspection gives the buyer more detailed information about the overall condition of the home prior
to purchase. In a home inspection, a qualified inspector takes an in-depth, unbiased look at your potential
new home to:
Evaluate the physical condition: structure, construction, and mechanical systems;
Identify ifems that need to be repaired or replaced; and
Estimate the remaining usefui life of the major systems, equipment, structure, and finisfies.
Appraisals are Different frorn Home Inspections
An appraisal is different from a home inspection. Appraisals are for lenders; home inspections are for buyers.
An appraisal is required to:
Estimate the market value of a house;
Make sure that the house meets FHA minimum property standards/requirements; and
Make sure that the property is marketable.
FHA Doss Not Guarantee the Value or Condition of your Patentiat New Hame
If you find problems with your new home after closing, FHA can not give or lend you money far repairs,
and FHA can not buy the home back from you. That is why it is so important for you, the buyer, to get
an independent home inspection. Ask a qualified home inspector to inspect your potential new home
and give you the information you need ta make a wise decision.
Radon Gas Testing
The United States Environmental Protection Agency and the Surgeon General of the United States have
recommended that all houses shoutd be tested for radon. For more information on radon testing, call the
toll-free National Radon Informatiori Line at 1-800-SOS-Radon or 1-800-767-7236. As with a hame inspection,
if you decide to test for radon, you may do so before signing your contract, or you may do so after signing the
contract as long as your contract states tMe sale of the home depends on your satisfaction with the results of
the radon test.
Be an Informed Buyer
It is yaur responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respeci. You
have the right to carefully examine your potential new home with a qualified home inspector. You may
arrange to do so before signing your contract, or may do so after signing the contract as long as your contract
states that the sale of the home depends on the inspection.
X X
Signature Date Signature Date
�i.�y o£ 8raoklyn �a��':
HUD-S2564-CN (6/06) �a
.,w.,,�
Coldwell Banker Bumet 7550 Fnnce Ave SouthEdina, MN 55435 Phone: (651) 225 4200 faz: (651)?27 3497 Ciry of Brookl
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