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Home My WebLink About1998 09-28 EDAP Regular Session EDA MEETING City of Brooklyn Center September 28, 1998 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda -The following items are considered to be routine by the Economic Development Authority 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 - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. July 27, 1998 - Regular Session 2. September 14, 1998 - Regular Session 4. Commission Consideration Items a. Resolution Accepting Proposal and Authorizing Contract for Marketing and Sales Services for Bellvue Lane Addition b. Resolution Accepting Bid and Awarding Contract for Demolition of 6944, 6950, 6956 and 7000 Brooklyn Boulevard and 6945 June Avenue North 5. Adjournment EDA Agenda Item No. 3a 1 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 JULY 27, 1998 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 9:27 p.m. 2. ROLL CALL President Myrna Kragness, Commission Members Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, Director of Public Works Diane Spector, Director of • Community Development Brad Hoff City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commission Member Carmody, seconded by Commission member Lasman to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commission Member Carmody, seconded by Commission Member Lasman to approve the minutes from the Regular Session of June 8, 1998. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEM 4a. STAFF PRESENTATION OF SINGLE FAMILY HOUSE DESIGNS FOR BELLVUE LANE ADDITION Mr. McCauely reviewed the three proposed house designs for Bellevue Lane Addition. At the informal open house, drawings were viewed and Commissioners were able to ask any questions they had. • 7/27/98 -1- DRAFT ® Commission Member Carmody questioned the certain design modifications. Mr. McCauley will supply those modifications. Mr. McCauley requested approval of the three house designs for Bellvue Lane Addition. It was Council consensus to approve the three house designs. 5. ADJOURNMENT A motion by Commission Member Carmody, seconded by Commission Member Hilstrom to adjourn the meeting at 9:34 p.m. Motion passed unanimously. President • 7/27/93 -2- DRAFT 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 14, 1998 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 8:50 p.m. 2. ROLL CALL President Myrna Kragness, Commissioners Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager/HR Director Jane Chambers, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Carmody, seconded by Commissioner Lasman to approve the agenda and consent agenda. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. PRELIMINARY EDA 1999 TAX LEVY AND BUDGET RESOLUTION NO. 98-11 Commissioner Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 1999 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. • 9/14/98 -1- DRAFT RESOLUTION NO. 98 -12 ® Commissioner Carmody ntroduced the following resolution and moved Y g rts adoption: RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR OF 1999 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lasman. Motion passed unanimously. 5. ADJOURNMENT A motion by Commissioner Lasman, seconded by Commissioner Hilstrom to adjourn the meeting at 8:51 p.m. Motion passed unanimously. President 9/14/98 -2- DRAFT • EDA Agenda Item No. 4a i MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: September 23, 1998 SUBJECT: Recommendation for Marketing Firm for Bellvue Lane Addition Proposals were received from six real estate firms for marketing and sales services for Bellvue Lane Addition. The ro osals were received p p on August 5, 1998. The agents/agencies were: • Gary Swenson - Four Star Realty, 7691 Old Central Avenue NE, Fridley, MN • David Strong and Bryan Christoffer - R.D. Kruger Inc. Gallery of Homes, 6045 Brooklyn Boulevard, Brooklyn Center, MN • Karen Youngberg - REMAX Professionals, 7240 Brooklyn Boulevard, Brooklyn Center, MN • Lynn Faber - Tibbets and Bernadette Adkins - Edina Realty, 4425 Highway 169 North, Plymouth, MN • Jack Kelly - Edina Realty, 1400 South Highway 100, Minneapolis, MN • Dianne Mobroten - Coldwell Banker Burnet, 510 Chestnut Street, Chaska, MN All agents /agencies were requested to submit proposals which included the following: • Overall Marketing and Sales Plan • Description of how sales and marketing effort will be coordinated with Construction Manager. • Description of advertising process. • Description of marketing materials, flyers, signage etc. • Assistance with home pricing as per real estate market conditions. • Experience in sales and marketing • New home sales experience • Agency size and experience • MLS participation • Qualifications of personnel • Cost proposal • Memorandum Michael J. McCauley Page 2 The sales and marketing costs submitted by each firm are listed below and are arranged from lowest to highest cost. MARKETING AND SALES COSTS BELLYUE LANE ADDITION AGENCY SALES AND MARKETING COSTS Coldwell Banker Burnet - 6% commission includes marketing costs Dianne Mobroten Edina Realty - 6.3% commission includes marketing costs Lynn Faber - Tibbets and Bernadette Adkins Four Star Realty Services, Inc. - 6% commission includes marketing costs not to Gary Swenson exceed' /Z of 1% of commission R.D. Kruger Inc. Gallery of Homes - 6% commission plus $1,100 per month David Strong and Bryan Christoffer advertising budget Edina Realty 7% commission includes' marketing costs Jack Kelly REMAX Professionals - 7% commission includes marketing costs Karen Youngberg Proposals were reviewed by a committee composed of the City Assessor, project construction manager and myself. Although some proposals were more complete than others, the review committee believed a personal presentation by each firm submitting a proposal would provide the fairest possible selection process. Presentations /interviews were held with each of the six firms on August 20, 1998. Each firm presented their proposal followed by questions from the review committee. After reviewing the proposals and interviewing the agents, the review committee is recommending the firm of Coldwell Banker Burnet. Coldwell Banker Burnet submitted the lowest cost proposal and the review committee believed Coldwell Banker Burnet submitted the best proposal including the following: • Coldwell Banker Burnet submitted an excellent marketing plan which was detailed and presented very clearly in the written proposal. A summary of the proposal is included in the attachments to this memorandum. • • The qualifications of the personnel involved in the project are excellent and include extensive experience with new construction. The head sales person, Dianne Mobroten, has taught classes in new home sales for the Minneapolis Area Association of Realtors. Memorandum • Michael J. McCauley Page 3 • Coldwell Banker Burnet presented a well thought out sales process, including a systematic process for construction manager coordination. • The examples of marketing materials provided by Coldwell Banker Burnet were done very well and incorporated the Bellvue Lane Addition into their examples. • Coldwell Banker Burnet presented a specific sales process with a well thought out systematic plan for closing the sale on the houses. • Coldwell Banker Burnet presented a program which provided an extensive use of forms which provide accountability in the sales process and construction manager coordination. • The overall marketing plan and personal presentation was highly professional and reflected an experienced and systematic approach to new home sales. SALES AND MARKETING AGREEMENT Staff has worked with Coldwell Banker Burnet to negotiate a written agreement to provide sales and marketing services. The agreement consists of an exclusive listing contract including a marketing addendum and State required disclosure forms relative to all real estate transactions. These documents are included in the attachments to this memorandum. The City Attorney has reviewed the Listing Agreement and Marketing Addendum. . A summary of the exclusive listing contract including marketing addendum and disclosure forms follows: • The exclusive listing contract format is a model that has been approved by the State Department of Commerce. In the exclusive listing contract format "I" means the Economic Development Authority and "You" means Coldwell Banker Burnet. • The exclusive listing contract gives Coldwell Banker Burnet the exclusive right to sell the homes in Bellvue Lane Addition for a 6% sales commission. In turn, Coldwell Banker Burnet provides sales staff for the model homes and conducts the marketing campaign including advertisements, brochures, direct mail and other marketing efforts and materials. • The properties will be listed on the Multiple Listing Service and if an agent other than a Coldwell Banker Burnet agent sells a home, the commission split will be 3% to the MLS agent and 3% to Coldwell Banker Burnet. All sales include a $129 regulatory compliance fee which provides for State mandated archiving of all original sales documents for 7 years. • . Closing services for the EDA will be provided by Burnet Title for $100 per closing. The standard fee is $215. Since Burnet Title handled the closings on the acquisition phase of the project they are already set up to provide closing services on the new properties for a cost less than their standard fee. • The marketing addendum to the exclusive listing contract sets forth the responsibilities of the builder (EDA) and Coldwell Banker Burnet in the marketing of Bellvue Lane properties. Coldwell Banker Burnet provides for all advertising and marketing expenses (ads, brochures etc.) e out of the 6% commission. Expenses related to any special events which the EDA may or may Memorandum • Michael J. McCauley Page 4 not choose to establish would be paid for by the EDA. An example might be a neighborhood block party to introduce the homes to the surrounding neighborhood. The EDA will also provide some initial promotional material describing the overall development such as a brochure describing the entire development. The estimated cost to develop this overall development promotional material is estimated at $1,500. Coldwell Banker Burnet will provide all marketing materials for the sale of individual homes out of the 6% commission. • Additional State required disclosure forms are included with the exclusive listing contract. The Agency Relationships and Real Estate Transactions" form describes the various types of agency representation. This form is more relevant to individual home owners selling existing housing but State law requires this information be disclosed in any real estate transaction. The second disclosure form is "Coldwell Banker Burnet Home Services Affiliated Business Arrangement Disclosure" form. This form describes the various businesses affiliated with Coldwell Banker including Coldwell Banker Burnet Insurance, Coldwell Banker Burnet Title, Coldwell Banker Burnet Relocation and Coldwell Banker Burnet Home Loans. The EDA is not required to use any of these companies but the disclosure form is required by State law. • Coldwell Banker Burnet will be working with Norwest Mortgage to provide mortgage loans for the Bellvue Lane properties. It should be noted buyers will not be required to use Norwest for mortgage loans and may choose a lender on their own. SUMMARY AND RECOMMENDATION The Exclusive Listing Contract, disclosure forms and summary of Coldwell Banker Burnet's proposal are included in the list of attachments. Staff recommends approval of the Resolution Accepting Proposal and Authorizing Contract for Marketing and Sales Services for Bellvue Lane Addition. LIST OF ATTACHMENTS Exclusive Listing Agreement including Marketing Addendum Disclosure Forms • Agency Relationships in Real Estate Transactions • Coldwell Banker Burnet Home Services Affiliated Business Arrangement Disclosure Marketing and Advertising Proposal • EXCLUSIVE LISTING AGREEMENT Exclusive Right To Sell Listing Contract List Date Exp. Date DEFINITIONS This Contract involves property located at: Bellvue Lane Addition Legally described as Lots 9, 10. 11 and 12. Block 2. Bellvue Acres according to said plat on and of record in the office of the Countv Recorder. Hennepin Counly, Minnesota and also lots 9 10 11 and 12 Block 3 in said plat and also that part of Lot 13 in said Block 3 which lies Southerl y of a 60 00 foot radius circle concave to the South. the center point of said circle is described as follows: Commencing at the Northeast corner of Lot 9 said Block 3 thence Southerly along the East line of said Lot 9 a distance of 25.00 - feet: thence Westerly, rly parallel to the North line of said Lot 9 and its Weste extension, a distance of 424.19 feet to said center point and also that part of vacated 4th Street North (formerly known as 5th Street North as dedicated in said plat of BE LLVUE ACa lying Southerly of line drawn parallel with and distant 50 00 feet South of the North line of Lot 9 Block 2. in said plat, and its Easterly extension (Property). "I" means Economic Development Authority in and for the Cityof Brooklyn Center (seller). "You" means: Coldwell Banker Burnet Realty Inc. (Broker) LISTING I give you the exclusive right to sell the property for the price of $ be specified byseparate written notice to you by eller I will require the following terms: submit all offers. Seller reserves right to limit points. This contract starts September 28, 1998 and ends at 11:59 p.m. on September 27, 1999. In exchange you agree to list the property and try to sell it. You may place a "For Sale" sign and a lock box with keys on the property. I understand you are a member of a Regional Multiple Listing Service (RMLS) and you will give information to RMLS and may place information on the Internet concerning the Property. I will notify you of relevant information important to the sale of the Property. If you sell the property, you may notify RMLS and member REALTORS of the price and terms of the sale. I understand this Contract DOES NOT give you authority to rent or manage my Property. I understand mortgage financing services are usually paid for by the buyer; however certain insured government loans may require the seller to pay a portion of the fees for the mortgage loan. I understand I will not be required to pay the financing fees on any mortgage without giving my written consent. I understand you may list other properties during the term of this contract. MY DUTIES I will cooperate with you in selling the Property. I will promptly tell you about all inquiries I receive about the Property. I agree to provide and pay for any inspections and reports required by any governmental authority. I agree to provide homeowner association documents if required. I will remain responsible for security, maintenance, utilities and insurance while I own the Property, and for safekeeping, securing and/or concealing any valuable personal property during Property showings or open houses. I will provide the buyer an updated abstract of title or owner's duplicate certificate 1 of title and registered property abstract, or owner's title insurance policy in the full amount of the purchase price as agreed to in a Purchase Agreement. I have the full legal right to sell the Property. I will sign all documents necessary to transfer to Buyer marketable title to the Property. YOUR COMMISSION NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL REAL ESTATE BROKER AND ITS CLIENT. I will pay you a commission of 6% of the selling price, and a $129 regulatory compliance fee, if I sell or agree to sell the Property before this contract ends. In addition, if before this contract ends you present a Buyer who is willing and able to buy the Property at the price and terms required in this contract, but I refuse to sell, I will still pay you the same commission and fee. I agree to pay your commission and fee whether you, I, or anyone sells the Property. I understand and agree that you will, in your sole discretion, decide whether to offer and pay a share of your commission to other real estate brokers, and if so, under what conditions and in what amounts. You will decide whether or not to offer sub - agency, or to share your commission with buyers' brokers and non - agents. The amounts offered and paid, if any, may vary from broker to broker. I agree to pay your commission and fee in full upon the happening of any of the following events: 1 The e closing of the sale, (2) My refusal to close the sale, or (3) My refusal to sell at the price and terms required in this contract. If within 30 days after the end of this contract, I sell or agree to sell the Property to anyone who: (1) During this contract made inquiry of me about the Property and I did not tell you about the inquiry; or (2) During this contract made an affirmative showing of interest in the Property or was physically shown the Property by you and whose name and address is on a written list you give me within 72 hours after the end of this contract; then I will still pay you your commission and fee even if I sell the Property without your assistance. I understand that I do not have to pay your commission and fee if I sign another valid listing contract after the expiration of this Contract, under which I am obligated to pay a commission to another licensed real estate broker. To secure the payment of your commission and fee, I hereby assign to you the proceeds from the sale of my Property in an amount equal to the commission and fee due you under this contract. CLOSING SERVICES After a purchase agreement for the Property is signed, arrangements must be made to close the transaction. I understand that no one can require me to use a particular person to conduct the closing and that I may arrange for any qualified person, including my attorney, to conduct the closing. Coldwell Banker Burnet will arrange to provide closing services for its clients, generally through Burnet Title, a division of Coldwell Banker Burnet at a charge of $100 payable at the time of the closing. All documents related to the closing will be available for review by my attorney, accountant or financial advisor at the closing or, upon request, prior to the closing. 2 NOTICE: THE REAL ESTATE BROKER, REAL ESTATE SALESPERSON OR REAL ESTATE CLOSING AGENT HAS NOT AND UNDER APPLICABLE STATE LAW, MAY • NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR OF THE CLOSING ITSELF. Please check and initial if you wish to have Coldwell Banker Burnet arrange to provide the closing of your transaction for the charge stated above. ® Yes, I Irish to have Coldwell Banker Burnet arrange to provide the closing of your transaction for the charge state above. o No, I will make the necessary arrangements for closing the transaction, which closing shall be performed by my attorney or other qualified closing agent and I agree to provide a CLOSING AGENT ACKNOWLEDGMENT FORM TO BURNET REALTY INC. AGENCY REPRESENTATION If a Buyer reprsented by Broker wished to buy your property, a dual agency will be created. This means that Broker will represent both you and the Buyer(s), and owe the same duties to the Buyer(s) the Broker owes to you. This conflict of interest will prohibit Broker from advocating exclusively on your behalf. Dual agency will limit the level of representation Broker can provide. If a dual agency should arise, you will need to agree that confidential information abour price, terms and motivation will still be kept confidential unless you instruct Broker in writing to disclose specific information about you. All other information will be shared. Broker cannot act as a dual agent unless both you and the Buyer(s) agree to it. By agreeing to a possible dual agency, you will be giving up . the right to exclusive representation in an in -house transaction. However, if you should decide not to agree to a possible dual agency, and you want Broker to represent you, you may give up the opportunity to sell your property to Buyers represented by Broker. SELLER'S INSTRUCTIONS TO BROKER Having read and understood this information about dual agency, Seller(s) now instructs Broker as follows: X Sellers will agree to a dual agency representation and will consider offers made by Buyers represented by Broker. NA* Seller(s) will not agree to a dual agency representation and will not consider offers made by Buyers represented by Broker. Seller: Broker: Coldwell Banker Burnet Seller: B Date: *Note: It is Coldwell Banker Burnet 's policy to accept only listing agreements having a sellers' agreement to allow a possible dual agency representation. (Other real estate brokers may accept a listing were a seller has not agreed to a possible dual agency) 3 CERTIFICATION INDIVIDUAL TRANSFEROR 10 Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest, must be notified in writing and must withhold tax if the transferor (seller) is a foreign person and the sale price exceeds $300,000. In the event transferor (seller) is a foreign person and the sale price exceeds $300,000, requirements of the 1980 Foreign Investment in Real Property Tax Act (FIRPTA) will be complied with. Seller(s) state and acknowledge the following: I am a citizen of the United States, or if a corporation, partnership or other business entity, duly incorporated in the United States, or, if a partnership or business entity, formed and governed by the laws of the United States: ® Yes ❑ No If no, please state country of citizenship, incorporation or the like: Under the penalties of perjury I declare that I have examined this certification and, to the best of my knowledge and belief, it is true, correct and complete. ACCEPTED BY: Coldwell Banker Burnet By (Agent) Date Signed: 19 ACCEPTED BY: SSN: NA (Seller) ACCEPTED BY: SSN: NA (Seller) ,Address: Phone: Date Signed: 19, NOTICES AND NONDISCRIMINATION As of this date I have not received notices from any municipality, government agency or homeowners association about the Property that I have not told you about, and I agree to promptly tell you of any notices of that type that I receive. I understand that I may not refuse to sell, or discriminate in the terms, conditions or privileges of sale to any person due to their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, handicap, whether physical or mental, sexual orientation, or family status. I understand further that local ordinances may include other protective classes. (Seller) (Seller) I have had the opportunity to review the "NOTICES AND NONDISCRIMINATION' clause as stated above. This shall serve as my written notice granting you and /or the closing agent permission to obtain mortgage information (i.e. mortgage balance, interest rate, payoff and/or assumption figures, etc.) in regards to any existing financing on this property. I hereby authorize Broker and/or its affiliated lender to prepare and distribute information regarding financing opportunities for this property to 4 prospective buyers. I will provide affiliated lender with information as to financing options I am willing to consider. A copy of this contract shall be as valid as the original. If either you or I bring an action for enforcement of this contract, the prevailing party in such action, whether or not such action proceeds to final judgment, shall be entitled to recover all costs and expenses including all reasonable attorney's fees and court costs. This contract may be canceled or terminated only if done by written cancellation, which is executed by me and by a member of Coldwell Banker Burnet sales management on behalf of Coldwell Banker Burnet. INSURANCE During the term of the Exclusive Listing Agreement, Coldwell Banker Burnet shall maintain insurance in the amount specified in Attachment A. 5 Al'lALtiMLN1 A \�,,... ....� :�'.\�..: ZY. -�`. � - ... \ C\�,. 1L'� n. 'iV..: .3'. -'tn e 1 `.i.. .�,,, � _.., r m.•,�..•• .� .... u... . , 1 A CORD IMM /ODIriJ 1`Tµ� -�" ��^Y 9 2 4 4 8 4 `�' - .r.�.- i.1h..::.•.ti _7. f..\v „" C'e!`.'+"" `ts�.•`k:Lv "C. "vw..Sw'w`�:.`�1 :. 5 ,•. •... w ,s�.:,..,\,....e.... <.x •t r..Y. Yi:P PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc of l�41 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8500 Normandale Lake Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. uite 1200 COMPANIES AFFOR COVERAGE { inneapolis, MN 55437 COMPANY 61 - 897 -5600 A Hartford Insurance Co. o CT INSURED.... __.- ., .. _ _..-- '-�--- -- -'-'--- -- _•_. ___� .. . . ..... .... 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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EX CLUSIONS AND CONDITIONS OF SUCH_ POLIC LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ +CO TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION I POLICY NLMVIBER .,.....- ._-- ^— LTA DATE (MMiDDIYY) DATE IMM /DDIYYI LIMITS GENERAL LIABILITY CENEgAL AGGREGATE S _ COMMERCIAL GENERAL LIABILITY PRODUCTS • COMPIOP AGG 6 CLAIMS MADE U OCCUR _PERSONAL & ADV INJURY 6 OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE _ s FIRE DAMAGE IAnY one Ilrel r MED EXP LMY one Pereoni S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS Wer Derconi I — MIRED AUTOS B000.Y INJURY ..... _._ _ .w•,• NON -OWNED AUTOS ' IPo( �CCldoni! PROPERTY DAMAGE S GARAGE UA6ILlTY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN AUTO ONLY: i• ��_ EACH ACCIDENT S AGGREGATE S EXCESS UABIUTY EACH OCCURRENCE 7 UMBRELLA FORM A GGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND wC STATU• 0TH - EMPLOYERS' UASIUTY EL EA C H _ACC iDE N_T_ _ THE PROPR C U INCL EL DISEASE - POLICY LI+nIT � PARTNEnS!'EXECUTiVE ..�_..•_ •• OFFICERS ARE: ARE: EXCL EL CISEASE- EA EMPLOYEE S A ( OTHER } Real Estate Agents AZ0000002 i 5/01/98 5/01/99 $3,000,000 (Errors 6 Omissions 4 4 I DESCRIPTION OF OPERATIONS /LOCATIONSArEHIC;.Ui3PECIAI ITEMS Coldwell Hanker Burnet is a named insured on the above policy referenced. ((vv1`��22y•� .,, _.`_ "y. � \ -�...\ �� .."<. ?' \\ :,e.: - 1 �,�, -• r' a \• V u �\ a,-�V' ..5..: .+e'?v:_ ` '� +O� ,k�JJ b Y� []� .:1 s \ X C w fC 1iGf L UIJ<C\ CY�S �kL a }\�.., ak3•L'': C! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Brooklyn Center EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL .301 Shingle Creek Parkway 30 • OA RITT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Brooklyn Center, HN 55430 BUT F TO AIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Attn: o B u b • T m B bla. OF Y KIN LIPO OMP ITS. AGENTS OR REPRESENTATIVES. AUTOO 26$101000 0?Q 'e. ) �`S Gss�•"i's."'wes�` 'U�.":� �,.� u•1 `ham\ s. -• -•- _ !(l;R�5. 5 '��1�$�,r^�. :VUk.,y...WIY • � M\L j l.w... \ \`e �' KL U.`•'`.� � • ,•,�� - •�c..'�.�.� �.� :.Mtn C ��.T�..` 'ti1� \tzx �y /� �T� X5.;4. (. �r5h^� X't \ �' l•.� M F 'CYh . :,Y. F1 1:!13. V� "^ �?C � r 7ri• 1e)t 1 . ,{ n • il�L� . t`^�\ . �.`�. ADDENDUM TO LISTING CONTRACT ESTABLISHING A • MARKETING ARRANGEMENT BETWEEN CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY AND COLDWELL BANKER BURNET 1. Effective September 28, 1998, Economic Development Authority (hereinafter referred to as BUILDER) and Coldwell Banker Burnet (hereinafter referred to as BURNET) shall initiate a marketing arrangement. 2. BUILDER hereby grants to BURNET the exclusive right to sell homes in the Bellvue Lane Addition. BURNET, as of the date hereof, shall use its best efforts to market homes for BUILDER. 3. BUILDER represents and warrants to BURNET that it or its nominee or the buyer has or will have under contract, owns or will own all land being offered in the new home community. 4. As sole compensation for its services thereunder, BURNET shall be entitled to commissions payable as follows: • 6% of the total purchase price of any single family home sale generated through the efforts of the BURNET on -site sales team and according to the terms of the listing contract. • Commissions shall be payable 100% at closing. BURNET shall be entitled to a commission on all sales that are closed during the term of this agreement and as provided in Sections 5 and 6 hereinafter. • If for any reason whatsoever, BUILDER does not build a home for which BUILDER has entered into a purchase agreement and buyer is not in default and is prepared to fulfill its obligation under purchase agreement, full commissions shall still be due and payable to BURNET. 5. BUILDER shall provide and continue to provide BURNET with any leads they now have or will receive in the future. 6. This Agreement shall automatically renew for consecutive one (1) year periods unless terminated under the following terms: Either party retains the right to cancel this Agreement without cause by tendering sixty (60) days written notice to the other, except that the Agreement cannot be canceled for the first 180 days, and to cancel for cause upon three (3) days notice. For cause shall be defined as (a) a default by either party in its obligations under this Agreement, which is not cured within five (5) days after the written notice from the other party or (b) if either party is guilty of willful misconduct, gross negligence, dishonesty, fraud, theft or disloyalty in the discharge of its obligations hereunder. In the event of cancellation, commissions will be due on any signed contracts and deposits in existence at the time of cancellation, but only if they result in sales that close. Commissions shall also be due to BURNET if BUILDER subsequently closes the sale of a home to any party or parties registered at a BUILDER sales office by BURNET or a cooperating broker, within ninety (90) days prior to the termination of the Agreement, provided the sales contract with such • party is fully executed within thirty (30) days after the termination of this Agreement. At termination, a list of the signed contracts and deposits shall be prepared and initialed by both parties. 7. BURNET shall staff the sales office with sales personnel duly licensed by the State of Minnesota. BURNET shall assign, train, compensate and supervise all sales personnel. The sales team shall consist of two (2) or three (3) sales associates. BUILDER has the right to interview candidates for the sales team and shall have the right to request a substitution or replacement at any time during the term of this Agreement. The sales office shall be open six (6) days per week at specific hours to be determined and by appointment. The sales office shall be closed all day on New Year's Day, Memorial Day, July 4th, Labor Day and Christmas Day, plus limited hours on Christmas and New Year's Eves, Easter and Mother's Day. BURNET shall be solely responsible for the compensation of the sales personnel and its other personnel, including, but not limited to, the payment of applicable commissions, insurance premiums, salaries, wages and any other benefits which are applicable. When 90 percent of the available homes have been sold and it becomes infeasible to continue to advertise and /or staff the sales office, BUILDER and BURNET shall confer as to alternative methods of selling the remaining homes. BURNET shall design a logo, brochures, post cards, sample ads and flyers. BUILDER shall pay for all production costs of brochures • and sales collateral material. BURNET shall be available to BUILDER employees, agents and consultants, including, but not limited to, BUILDER construction personnel, financial administrators, attorneys, architects, designers, advertising and public relation companies, and other consultants and professionals, on a reasonable basis to assist in the marketing of BUILDER. BURNET shall also be responsible for color and upgrade selections, coordination of closings, and development of a market comparison that highlights the features of BUILDER as compared to competitive developments. 8. BUILDER shall provide and maintain, at its sole expense, a fully equipped sales model/office. For the purposes hereof, the term "fully equipped" shall mean that the sales office shall include all of the following: telephone, heating and air conditioning, toilet facilities, cleaning and maintenance services. All costs of utilities shall be paid for by BUILDER. BURNET shall be responsible for providing computers, office furnishings and fax machine. BUILDER shall also provide one or more fully finished models for inspection by prospective purchasers. Sales literature, brochures, and marketing aids shall be provided by BURNET. Graphics, site and floor plans, samples of colors, cabinets, carpeting, tiles, windows, etc. are responsibility of BUILDER. Warranty Plan, if any, is responsibility of BUILDER. All purchase agreement forms, selection forms, and specification forms shall be provided by BURNET. Any and all business licenses and permits necessary will be provided by BUILDER. BURNET shall pay for all advertising as per proposal and provide marketing as i per proposal. BURNET shall assist in evaluating any special promotions and share in the costs as per proposal. BUILDER agrees that it shall maintain the development in good presentable physical condition. BURNET shall furnish periodic reports as to the condition of site, sales office, and/or models. 9. BURNET shall maintain representative listings of new homes from the BUILDER subdivision in the appropriate multiple listing services. At such times, BURNET shall offer a commission to cooperating brokers. BURNET shall also distribute flyers to the broker community on a monthly basis to encourage co -op broker sales. 10. BURNET shall hold open house promotions, as appropriate for the broker audience to build interest not only for the BURNET sales force but also among cooperating brokers. 11. BURNET shall use the customary listing contract forms in the appropriate multiple listing services area. All sales of the BUILDER new homes will make use of BUILDER reservation and contract forms and BURNET personnel will be responsible for completing such forms. BURNET will hold all earnest money deposits unless specific arrangements to the contrary are made by BUILDER and any such purchaser. 12. BURNET shall provide market feedback information to the BUILDER including brokers exit surveys, weekly sales and traffic reports and various monthly reports including traffic demographics. 13. BURNET'S sole relationship to BUILDER is that of an agent for marketing of new homes. No other relationship shall, in any way, be construed from this Agreement, such as partners, joint ventures and the like. 14. Any sales contract shall be entered into by BUILDER and the prospective purchaser thereof. Once such a contract is entered into, BUILDER shall endeavor to take all such reasonable actions as may be necessary to properly perform thereon, and shall save, defend and hold BURNET harmless from any and all claims, suits, or demands that may arise from said contract together with all costs, expenses, and reasonable attorney's fees incident to the foregoing, except for matters arising out of BURNET' S negligence, misrepresentation or other acts in breach of this Agreement. Performance on said contract shall include, among other things, timely completion of the homes, timely closings, surveys, commitment for title insurance and the like, subject to delays due to fires, strikes, shortages or materials, acts of God and other matters beyond the control of BUILDER. Nothing herein shall be deemed a waiver, by BUILDER, of the limitation and liability set forth in Minnesota Statutes Chapter 466. 15. BUILDER shall promptly, after the signing hereof, provide BURNET with written material relating to the new home community, such as information relative to the number of units to be built, their prices, floor plans, completion dates and the like. BURNET shall have the right to rely on the written material in its promotions concerting the new home community and may distribute the written material to the public. BURNET shall not make any representations concerning the homes to be built or the contents of any documents other than are contained in the written materials furnished to BURNET by BUILDER. If BURNET makes representations other than provided herein, it shall indemnify, save, defend and hold BUILDER harmless from any and all claims, demands, or suits that may arise therefrom together with any costs, expenses, attorney fees incident to the foregoing. 16. BURNET shall have no authority to enter into contracts on the behalf of BUILDER or bind BUILDER in any manner not specifically set forth herein, and likewise, BUILDER shall have no authority to contract BURNET or bind it in any manner not specifically set forth herein. 17. All notices required or desired to be sent to either party under this agreement shall be in writing and sent to the art at i address b party is dd ess as listed below, or at such other address as either party may advise the other in writing sent in accordance with this section. DATED: City of Brooklyn Center Coldwell Banker Burnet Economic Development Authority 510 Chestnut Street 6301 Shingle Creek Parkway Chaska, MN 55318 Brooklyn Center, MN 55430 BY: BY: It's DATE DATE BY: It's DATE COLDWELL BANKER BURNET HOME SERVICES AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE - -a BUR ((r ' (((( FIFT37TV This is to give you notice of the affiliated business arrangements which exists among a related group of companies that comprise Coldwell Banker Burnet Home Services, including 1) Coldwell Banker Burnet, a real estate broker; 2) Burnet Title, a title agency providing title insurance and settlement services; 3) Burnet Home Loans, a company that originates and sells mortgage loans; 4) Burnet Insurance, a company that offers and sells personal lines of insurance including property and casualty, life, health and disability; and Burnet Relocation Management, a company that provides relocation assistance, counseling and property management. THERE ARE AFFILIATED BUSINESS RELATIONSHIPS BY AND BETWEEN ALL MEMBER COMPANIES OF COLDWELL BANKER BURNET HOME SERVICES. Coldwell Banker Burnet, Burnet Title, Burnet Insurance and Burnet Relocation Management all are under the same ownership. Burnet Home Loans, doing business as either Burnet Home Loans or Great Lakes Mortgage, is a joint venture owned 50% by Burnet Mortgage Corporation, a wholly owned subsidiary of Cendant Mortgage Corporation and 50% by Cendant Mortgage Corporation. Cendant Mortgage Corporation is a wholly owned subsidiary of PHH Corporation which is wholly owned by Cendant Corporation. As a Coldwell Banker Burnet Home Services client or customer, you may be referred to one or more of the other member companies of Coldwell Banker Burnet Home Services for the services and /or products that they provide. BECAUSE OF THE BUSINESS RELATIONSHIPS THAT EXIST AMONG THE MEMBER COMPANIES OF COLDWELL BANKER, BURNET HOME SERVICES, REFERRALS TO MEMBER COMPANIES MAY PROVIDE A FINANCIAL OR OTHER BENEFIT TO THE MEMBER COMPANY THAT MAKES AND /OR RECEIVES THE REFERRAL. Estimates of the charges or range of charges for the settlement services provided by the members of Coldwell Banker Burnet Home Services are shown on reverse side of this form. You are NOT required to use any member company of Coldwell Banker Burnet Home Services as a condition of doing business with another member company, or as condition of your purchase, sale, settlement, financing, or refinancing of any property. THERE ARE FREQUENTLY OTHER COMPANIES AVAILABLE THAT PROVIDE SERVICES AND PRODUCTS SIMILAR TO THE SERVICES AND PRODUCTS PROVIDED BY THE MEMBER COMPANIES OF COLDWELL BANKER BURNET HOME SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND /OR PRODUCTS AND THE BEST RATE FOR THESE SERVICES AND /OR PRODUCTS. A lender is allowed to require the use of an attorney, credit reporting agency, or real estate appraiser chosen to represent the lender's interest. Burnet Home Loans does not require that you use any particular provider or affiliated group of providers for legal services, title examination services, title insurance, appraisals or other settlement services. The provider you choose, however, must be reasonably acceptable to Burnet Home Loans and approved by Burnet Home Loans as such prior to the closing. The charges generally made by the providers of these services are shown in the Good Faith Estimate of Settlement Service given to you at the time of application. Generally, Burnet Home Loans may require any provider you choose to be reputable and possess adequate financial strength. Also, the provider of title insurance or loan closing services must be thoroughly familiar with Burnet Home Loans' "Master Closing Instructions" before they can take even the preliminary steps to close a Burnet Home Loan mortgage loan. ACKNOWLEDGMENT I /we have read this disclosure form and understand that I /we are being referred to member companies of Coldwell Banker Burnet Home Ser ✓ices for the above described settlement services and that these referrals may provide financial or other benefits to the member companies making and /or receiving the referral. Client/Customer Signature Date Client/Customer Signature Date CSR tt49(4 -OP) - - -- :J U ° AGENCY RELATIONSHIPS BURNET IN REAL ESTATE TRANSACTIONS Minnesota law requires that early in any relationship, real estate brokers or salespersons discuss with consumers what type of agency representation or relationship they desire.(1) The available options are listed below. This is not a contract. This is an agency disclosure 9 Y sure tone only. If you desire sire re • Y Y presentation, you must enter into a written contract according to state law (a listing contract or a buyer representation contract). Until such time as you choose to enter into a written contract for representation or assistance you will be treated as a customer of the broker or salesperson and not represented by the brokerage The broker or salesperson would then be acting as a Seller's Broker (see paragraph I below), or as a nonagent (see paragraph IV below). 1. Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents the Seller and acts on behalf of the Seller. A broker or salesperson working with a Buyer may also act as a subagent of the Seller, in which case the Buyer is the broker's customer and is not represented by that broker. A Seller's broker owes to the Seller the fiduciary duties described below.(2) The broker must also disclose to the Buyer any material facts of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or she must act in the Seller(s)' interests and must tell the Seller(s) any information disclosed to him /her. In that case, the Buyer will not be represented and will not receive advice and counsel from the broker or salesperson. II. Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on behalf of the Buyer. The broker may represent the Buyer only, and not the Seller, even if s/he is being paid in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described below.(2) The broker must disclose to the Buyer any material fads of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. III. Dual Agency - Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and salesperson owe the same duties to the Seller and the Buyer. This role limits the level of representation the broker and salespersons can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party instructs the broker or salesperson in writing to disclose specific information about him or her. Other information will be shared. Dual agents may not advocate for one party to the detriment of the other.(3) Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described below.(2) Dual agents must disclose to Buyers any material facts of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. IV. Nonagent: A broker or salesperson may perform services for either party as a nonagent, if that party signs a nonagency services agreement. As a nonagent the broker or salesperson facilitates the transaction, but does not act on behalf of either party. THE NONAGENT BROKER OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED BELOW, UNLESS THOSE DUTIES ARE INCLUDED IN THE WRITTEN NONAGENCY SERVICES AGREEMENT. The nonagent broker or salesperson owes only those duties required by law or contained in the written nonagency services agreement. ACKNOWLEDGMENT: I/We acknowledge that I/We have been presented with the above - described options. I/We understand that Buyers who have not signed a Buyer representation contract or nonagency services agreement are not represented by the broker /salesperson and information given to the broker /salesperson will be disclosed to the Seller. I/We understand that written consent is required for a dual agency relationship. This is a disclosure only, NOT a contract for representation. Seller Date Buyer Date Seller Date Buyer Date (1) This disclosure is required by law in any transaction involving property occupied or intended to be occupied by one to four families as their residence. (2) The fiduciary duties mentioned above are listed below and have the following meanings: Loyalty - broker /salesperson will act only in client(s)' best interest. Obedience - brokerisalesperson will carry out all client(s)' lawful instructions. Disclosure - broker /salesperson will disclose to client(s) all material facts of which broker /salesperson has knowledge which might reasonably affect the client's rights and interests. Confidentiality - broker /salesperson will keep client(s)' confidences unless required by law to disclose specific information (such as disclosure of material facts to Buyers). Reasonable Care - broker/salesperson will use reasonable care in performing duties as an agent. Accounting - broker /salesperson will account to client(s) for all client(s)' money and property received as agent. (3) If Seller(s) decides not to agree to a dual agency relationship, Seller(s) give up the opportunity to sell the property to Buyers represented by the broker /salesperson. If Buyer(s) decides not to agree to a dual agency relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker. (MN:AGCY0ISC -6/96) CBR 114j (8/96) MARKETING AND ADVERTISING PROPOSAL FOR Bellvue Lane Addition Burnet Realty is prepared to immediately undertake the marketing and sale of homes in the Bellvue Lane Addition of Brooklyn Center. 1. Staffing Dianne Mobroten will be responsible for all sales activities. This includes showing b a ointment open houses sales negotiations, Y , PP , resentation of P g P sales coordination of buyer financing, follow-through to closin Y g, g, and reporting of traffic and sales activity. Additional Coldwell Banker Burnet salespeople will be assigned to the J ro'ect as needed for handlin g of open P houses durin peak traffic eriods. Jan Jones will be working with Dianne as P g i a team member. She brings with her 9 years of sales experience and most recently was representing Jasper Homes in Chaska. 2. Advertising Our commitment is to project an image indicative of the superior quality of the development in keeping with the high standards of Coldwell Banker Burnet. We will undertake the following advertising campaign: A. Local newspaper advertisements promoting project. B. Promotion of project in Star Tribune and Pioneer Press. C. Real Estate Extra Ads D. New Homes Search Ads E. Harmon Homes Advertising * Above. advertising is done on a rotational basis. It is our goal that some • form of promotion and/or advertising will occur each week. I Promotion for On -Site Events A Grand Opening Party_may bed held with invitations, press releases and advertising provided by Coldwell Banker Burnet and alI joker costs; provided by the developer + 4. Direct Mail A. Mailings to an identified group of potential residents. B. Thank you notes and routine follow -up to our on -site visitors. C. Mailings to cooperating brokers and in -house salespeople. 5. Networking Historically, builders /developers have relied solely on site staffing for sales, which has not only been expensive but has created administrative burdens. The efficiencies of networking by 2,500 agents and the many varied resources provided by Coldwell Banker Burnet , cannot be duplicated by even the most elaborate on -site sales effort. Annually a list of Coldwell Banker Burnet Builders is distributed to all our agents and offices are provided information in a bound manual of all the builders we represent. 6. Broker Promotion A. We will introduce your project to our 39 Burnet Burnet Offices and our network of 2,500 agents. B. Dianne Mobroten will furnish information to all Branch Vice Presidents and Sales Managers. C. Brochures will be made available on a monthly basis to all Coldwell Banker Burnet Offices. D. Models will appear in the MLS computer and on the internet. Information will be monitored weekly for accuracy. 7. Flyers Flyers will be created by Coldwell Banker Burnet to be distributed to agents and as buyer mail -outs. S. Brochures A brochure will be created by Coldwell Banker Burnet marketing department depicting the, "builder story", location, model hours and included features in the homes of Bellvue Lane Addition. 9. Signage Coldwell Banker Burnet 4' x 6' or 4' x 8' signs will be prominently displayed at the project site. 10. Publicity Campaign R " Regular releases to the Star Tribune and all local print media of photo adv " ertonals will be handled by our marketing department and listing agent. • HOW OUR PROGRAM WORKS During the planning and pre - construction stages, our experienced staff is available to serve in a consulting role involving areas concerning market acceptance and expectation. It is advantageous to establish your complete team at the inception of your project in order to formulate the optimal market strategy. Our efforts involve the following: I .' Research and planning 2.. Design and finish input 3. ;Name of project and logo identification 4. .Model design 5. ;Buyer parking plan 6. Pre -sale advertising and publicity 7. Sales phasing 8, On -going advertising and exposure . Sales Program Implementation involves the implementation of all aspects of the sales endeavor, including the selection, training and supervision of the sales staff. Our goal is to create a campaign to sell out the project in the shortest time possible. The following page sets forth the procedure which we will adopt in order to implement your sales program into action. SALES PROGRAM IMPLEMENTATION 1. Track market activity 2. Pricing and evaluation 3. Buyer financing options 4. Reservation program 5. Sales team: Selection supervision staffing g and P 6. Traffic control P lan 7. Sales control 8. Grand opening 9. Staffing, and supervision g, g p on of open house schedule 10. Closing coordination 11. Buyer walk - throughs 12. Sales and marketing audit 13. Weekly new housing traffic report 14. Facilitate post sales service follow -up SALES PROGRAM IMPLEMENTATION SALES TEAM STAFFING AND SUPERVISION This new housing development will be supervised by Dianne Mobroten.We set the highest industry standards for the marketing and administration of development properties. Our new construction marketing group, with combined talents involving residential development, construction, real estate brokerage, and marketing expertise, are involved in a"hands on" manner for your project. The on -site staff will be anchored by Dianne. She is an experienced professional who has a proven sales record in both new construction and residential home sales. Two additional agents will also join the team, who have knowledge of the area, critical to the ability to convince buyers to make the decision to purchase one of these homes., In addition, the listing agent must possess the quality of leading by example and the ability to train and retain valuable team members. ® The listing agent will personally perform on -site sales duty, well as g P Y P tY> > coordinate all communication with the developerlbuilder. All advertising copy will be reviewed by the listing agent and copies supplied to developer upon request. All salespeople on the team will have earned their New Construction . Specialist:desigriation and are subject to the developer's'approval Listing agent is responsible for orienting salespeople to development, reporting on- site traffic, and weekly status reports of all homes in progress. TEN POINT ACTION PLAN To be implemented upon signing a one -year listing agreement at a 6% fee: 1. Establish marketing objectives. 2. Prepare competitive analysis. 3. Prepare program for project presentation. 4. Establish advertising and public relations schedule. 5. Determine pre -build marketing needs. 6. -. -Pre are p marketing budge A 7. Identify sales staff. • 8. Schedule Grand Opening promotion. 9. Begin promotion campaign. 10. Open project for sales. • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING CONTRACT FOR MARKETING AND SALES SERVICES FOR BELLVUE LANE ADDITION WHEREAS, proposals were received for marketing and sales services for Bellvue Lane Addition; and WHEREAS, the following proposals were received: AGENCY SALES AND MARKETING COSTS Coldwell Banker Burnet - 6% commission includes marketing costs Dianne Mobroten Edina Realty - 6.3% commission includes marketing costs Lynn Faber - Tibbets and Bernadette Adkins Four Star Realty Services, Inc. - 6% commission includes marketing costs not to Gary Swenson exceed' /2 of 1% of commission R.D. Kruger Inc. Gallery of Home - ° g ry s 6 /° commission plus $1,100 per month advertising David Strong and Bryan Christoffer budget Edina Realty - 7% commission includes marketing costs Jack Kelly RENL X Professionals - 7% commission includes marketing costs Karen Youngberg WHEREAS, Coldwell Banker Burnet has submitted the lowest responsible quote for marketing and sales services; and WHEREAS, the Brooklyn Center EDA has determined the proposal from Coldwell Banker Burnet best meets the needs of the Brooklyn Center EDA for marketing and sales services for the Bellvue Lane Addition. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that the proposal submitted by Coldwell Banker Burnet for marketing and sales services for Bellvue Lane Addition is hereby accepted and the EDA President and Executive EDA RESOLUTION NO. • Director are hereby authorized to enter into agreements for marketing and sales services with Coldwell Banker Burnet on behalf of the Economic Development Authority in and for the City of Brooklyn Center. 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 duly passed and adopted. • EDA Agenda Item No. 4b • • • MEMORANDUM TO: Michael J. McCauley, City Manager FRONT: Tom Bublitz, Community Development S ecialist / � Y P P t'� DATE: September 22, 1998 SUBJECT: Resolution Accepting and Awarding Contract for Demolition of 6944, 6950, 6956 and 7000 Brooklyn Boulevard and 6945 June Avenue North, Brooklyn Center Bids for demolition of 6944, 6950, 6956 and 7000 Brooklyn Boulevard and 6945 June Avenue North were received on September 17, 1998. This contract consists of the demolition of three commercial and two residential structures along Brooklyn Boulevard. The bidding results are tabulated as follows: BIDDER BID AMOUNT Kevitt Excavating Inc. $29,562.00 • JME of Monticello Inc. $42,233.00 Metro Environmental Site Services Inc. $47,300.00 ShaunA Corporation $73,850.00 All bids were tabulated and the amounts submitted were added correctly. Of the four bids received, the lowest bid of $29,562 was submitted by Kevitt Excavating Inc. Due to a major traffic accident on I94, Veit and Company Inc. was unable to deliver its bid in time for the bid opening. The bid was returned unopened to Veit and Company Inc. In a phone conversation with a representative from Veit and Company, staff learned the bid amount was $39,000, so Veit would not have been the low bidder on the project. Kevitt Excavating Inc. has experience with the EDA in performing the work required of this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Kevitt Excavating Inc. of Crystal, Minnesota. RECOMMENDED EDA ACTION Approve the attached resolution accepting the low bid and awarding a contract to Kevitt Excavating Inc. • Commissioner introduced the following resolution and • moved its adoption: EDA RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR DEMOLITION OF 6944, 6950, 6956 AND 7000 BROOKLYN BOULEVARD AND 6945 JUNE AVENUE NORTH, BROOKLYN CENTER WHEREAS, pursuant to an advertisement for bids for demolition of 6944, 6950, 6956 and 7000 Brooklyn Boulevard and 6945 June Avenue North, Brooklyn Center, Minnesota, bids were received, opened, and tabulated by the City Clerk and Community Development Specialist, on the 17th day of September, 1998. Said bids were as follows: BIDDER BID AMOUNT Kevitt Excavating Inc. $29,562.00 JME of Monticello Inc. $42,233.00 Metro Environmental Site Services Inc. $47,300.00 • ShaunA Corporation $73,850.00 WHEREAS, it appears Kevitt Excavating Inc. of Crystal, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota that: 1. The President and Executive Director are hereby authorized and directed to enter into a contract with Kevitt Excavating Inc. of Crystal, Minnesota in the name of the Economic Development Authority in and for the City of Brooklyn Center for demolition of 6944, 6950, 6956 and 7000Brooklyn Boulevard and 6945 June Avenue North, Brooklyn Center, Minnesota. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. • EDA RESOLUTION NO. • 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 duly passed and adopted. •