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HomeMy WebLinkAbout1996 11-25 EDAP Regular Session .EDA AGENDA t CITY OF BROOKLYN CENTER November 25, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following item is considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of this item 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. November 12, 1996 - Regular Session 4. Commission Consideration Items • a. Resolution Accepting Proposal and Authorizing Contract for Acquisition and Relocation Services for 53rd Avenue Development and Linkage Project -Requested Council Action: - Motion to adopt resolution. b. Resolution Authorizing Acquisition, Establishing Offer of Just Compensation, Authorizing Execution of Purchase Agreement, Authorizing Relocation Claim and Authorizing Payment for Acquisition Costs and Relocation Costs for 512 -53rd Avenue North *Requested Council Action: - Motion to adopt resolution. 5. Adjournment u 106 RAFT • 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 NOVEMBER 12, 1996 CITY HALL CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 9:09 p.m. ROLL CALL President Myrna Kragness, Commission members Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present: Executive Director Michael J. McCauley, Public Services Director Diane Spector, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. APPROVAL OF AGENDA AND CON ENT AGENDA A motion by Commission member Mann and seconded by Commission member Carmody to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Commission member Mann and seconded by Commission member Carmody to approve the minutes of the October - PP 0 obey 28, 1996--Regular ar Session as rinted passed . unanimous) P P Y COMMISSION CONSIDERATION ITEMS RESOLUTION APPROVING AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT PROVIDING AN EXTENSION OF THAT AGREEMENT BY AND BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER AND DAVID NELSON Mr. David Nelson spoke on the progress of his proposal for the northeast corner of the intersection of Brooklyn Boulevard and 69th Avenue. He presented preliminary sketches and • plans to develop a neighborhood center. Because of a number of unanswered questions 11/12/96 -1- DRAFT affecting the redevelopment, including the scope and size of the Brooklyn Boulevard project, financing of the project, properties to be acquired and timing of the street expansion, limited progress has been made in completing a development agreement with Mr. Nelson. Thus, an extension of the preliminary agreement to May 31, 1997, should be adequate time to complete a development agreement with Mr. Nelson for the EDA board to consider. RESOLUTION NO. 96 -27 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT PROVIDNG AN EXTENSION OF THAT AGREEMENT BY AND BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY N AND FOR THE CITY OF BROOKLYN CENTER AND DAVID NELSON The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING CONTRACT FOR APPRAISAL SERVICES FOR 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT City Manager McCauley noted the recommendations by Community Development Specialist Tom Bublitz and City Assessor Stephen Baker to contract for the services of Mr. J. Scott Renne for appraisal services for the 53rd Avenue Development and Linkage Project. RESOLUTION NO. 96 -28 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING CONTRACT FOR APPRAISAL SERVICES FOR 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION AUTHORIZING ACQUISITION AND ESTABLISHING PUBLIC HEARING DATE FOR THE CONVEYANCE OF MN/DOT TURNBACK PROPERTY TO THE ADJACENT PROPERTY OWNER City Manager McCauley ndicated that Ton and Suk Grabowski 6337 Dupont Avenue North, g Y Y � wish to acquire an unused parcel adjoining theirs from Mn/Dot for purposed of erecting a • 11/12/96 -2- 01 "AFT ; I garage. Mn/DOT would convey the property to the City, and then the City would convey it to • the Grabowskis. The Grabowskis would like to get the foundation in yet this year. The City Manager requested authorization to allow the Grabowskis to place a foundation as soon as the City received title from Mn/DOT if an agreement, acceptable in form to the City Attorney, was signed by the Grabowskis providing that they would, at their own cost, remove the foundation if the transfer of title to them was not approved for any reason. RESOLUTION NO. 96 -29 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACQUISITION AND ESTABLISHING PUBLIC HEARING DATE FOR THE CONVEYANCE OF MN /DOT TURNBACK PROPERTY TO THE ADJACENT PROPERTY OWNER The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. A motion by Commission member Mann and seconded by Commission member Carmody to authorize Mr. McCauley and the City Attorney to enter into a letter agreement between the City and homeowners passed unanimously. • MARQUETTE ADVISORS PRESENTATION OF PROPOSALS FOR CONSULTING SERVICES ON EARLE BROWN HERITAGE CENTER FOR EDA BOARD OF DIRECTORS Mr. James Klas, Marquette Advisors, briefly outlined the scope of services they propose for the Heritage Center: Phase I: Update of 1993 study done by Marquette Phase II: Interactions with other development Phase III: Work sessions with EDA Phase IV: Follow up and revised recommendations Phase V: Final report When asked how long the entire process might take, Mr. Klas thought 12 -14 weeks sufficient to complete this project. A motion by Commission member Hilstrom and seconded by Commission member Carmody to engage the services of Marquette Advisors for consulting services on Earle Brown Heritage Center for the EDA passed unanimously. • 11/12/96 -3- DRAFT ADJOURNMENT A motion by Commission member Carmody and seconded by Commission member Nichols to adjourn the meeting at 9:38 p.m. passed unanimously. City Clerk President Recorded and transcribed by: LeAnn Larson 11/12/96 -4- qa, Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist r Date: November 19, 1996 Subject: Resolution Accepting Proposal and Authorizing Contract for Acquisition and Relocation Services for 53rd Avenue Development and Linkage Project Three proposals were solicited for the RFP for acquisition and relocation services for the 53rd Avenue Development and Linkage Project. All three firms submitting proposals have worked extensively with public agency property acquisitions and the Uniform Relocation Act. The three firms submitting proposals were Evergreen Land Services Company, Professional Redevelopment Resources, Inc., and Wilson Development Services. A summary of the proposals is shown on the table attached to this memorandum. Copies of the proposals submitted by the three companies are also attached. Evergreen Land Services Company is the company submitting the lowest total not -to- exceed cost in the amount of $36,970. The quote from Evergreen Land Services Company is a very • competitive quote, including the hourly rates which would come into play if there are any administrative appeals by persons being relocated by the project or if assistance from the acquisition and relocation consultant is needed in any eminent domain action. Evergreen Land Services Company provided acquisition and relocation services for the 69th Avenue project and the Park & Ride project, and did an excellent job on both projects. Staff is recommending the proposal for acquisition and relocation services submitted by Evergreen Land Services Company be accepted. A resolution accepting the proposal from Evergreen Land Services Company is attached to this memorandum for EDA consideration. • SUMMARY OF PROPOSALS FOR ACQUISITION AND RELOCATION SERVICES 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT ACQUISITION RELOCATION TOTAL NOT TO HOURLY COMPANY NAME UNIT COST UNIT COST EXCEED COST RATES Evergreen Land $430 /single family $845 /homeowner $36,970 Acquisition/Relocation Services Company $450 /multi family $700 /tenant $55 /hour $43/hour Professional $500 /single family $1,050/homeowner $41,200 Acquisition/Relocation Redevelopment $500 /multi family $975 /tenant $55/hour Resources Inc. $50 /hour $45 /hour Wilson Development $1,000 /single family $1,200 /homeowner $60,000 Acquisition/Relocation Services $1,500 /multi family $1,000 /tenant $65 /hour $750 /tenants in 4 -plex $55 /hour NOTE: Budget Estimates for these services were: Acquisition Services $19,800 Relocation Services $32,400 TOTAL $52,200 • Dourly Rate Compensation Schedule Should additional services be required for eminent domain or relocation appeals to complete the project, the hourly rate for relocation or acquisition services shall be: Relocation Service Relocation Specialist $55.00 per hour Relocation Agent $43.00 per hour Acquisition Services Senior Acquisition Agent $55.00 per hour Acquisition Agent $43.00 per hour Typist, Clerical $23.00 per hour • Expenses Vehicle mileage allowance $0.33 per mile For miscellaneous costs: Long distance phone charges, maps, copies of documents, expendable material, recording fees, subcontractor or other costs required to complete projects. (A receipt of purchase will accompany all such charges) Add 22% to actual cost. Please note that on the hourly charge there are no labor additives listed as an extra charge. They are included. • • COST PROPOSAL. The following is the proposed costs for the services to be provided by Evergreen Land Services Company (ELS). Ka Personnel • The following individuals may be used on the acquisition portion of the project and their hourly rate. Stuart "Bud" Storm $55.00 per hour Matthew Storm $43.00 per hour • The following individuals may used on the relocation portion of the project and their hourly rate. Sandra Luegge $55.00 per hour Lisa Beckman $43.00 per hour Nat -to- Exceed Proposal The total cost for both the acquisition and relocation services necessary to complete the project proposed shall not exceed $36,970.00. Breakdown of Cost The not -to- exceed cost above is broken down by acquisition and relocation services shown below: Acquisition per single family home $430.00 Acquisition per multi family property $450.00 Relocation per homeowner $845.00 Relocation per tenant $700.00 • • FEE PROPOSAL 1. Acquisition Services Per single family residential property: $ 500.00 Per multi - family property: $ 500.00 This includes full compliance with URA requirements including all notices, purchase agreement preparation, well disclosures, and a minimum of up to 5 contacts with the owner or owner's representative. This also includes up to 2 preliminary contacts with our client in planning/discussing the acquisition. 2. Residential Relocation Services a. Per Homeowner $1,050.00 b. Per Tenant $ 975.00 3. Appraisal Services - We can provide experienced appraisers who have been tested extensively. a. Fee appraisal services: Property Specific b. Review Appraisal Services: - per single family property: $ 250.00 - per commercial property: Property Specific 4. Appeals If any administrative appeals are filed, fees would be charged at $55/Hour. (Generally, no appeals are made.) • • 5. Miscellaneous a. Miscellaneous Expenses All hourly or set fees per unit costs include secretarial, copying, mailings, mileage, and FAX's. Travel time is charged for time one way when hourly fees are charged. Costs for rental of meeting space will be billed on a cost basis. b. Insurance and Environmental Assessments: It will be necessary to insure all acquired property as of the time of purchase and complete necessary environmental assessments. Services relating to these matters are not included but may be provided if such services are requested. Note: Minnesota has various laws relating to hazardous waste and demolition projects. • c. City Input: It is necessary that the City be involved in the relocation process. This will be necessary to address difficult claims, payment of claims and other matters. d. Large Tenant Relocation Projects: When we perform large residential tenant relocation projects, where economics of scale play in, we can give significant cost reductions. • HOURLY RATES r, 1. Principle Owner - Kirk Schnitker: $55/11our 2. Associate Staff - Geoffrey Harper Alan Webster Jennifer Valenta Tom Nicklow: $50/Hour 3. Support Personnel - Tina Gnasdoskey Amy Bryant Renee Bourget: $45/Hour In some situations clients will ask us to perform tasks that are outside the flat fee costs given above. This sometimes includes miscellaneous planning or other services. COST NOT TO EXCEED The Cost Not To Exceed for all acquisition and relocation services in accordance with the requirements specified in the Request for Proposal is: $41,200.00 This includes: 26 Acquisitions 25 Homeowner Relocations 2 Tenant Relocations • Wi oiv WILSON DEVELOPMENT SERVICES "HELPING CITIES AND BUSINESSES GROW" November 13, 1996 Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Envelope B "Proposal Price" 53` Ave. Development and Linkage Project The following charge rate would be applicable to the above project: Principal $65.00/hr • Associates $55.00/hr Secretary $27.50/hr Mileage $ .35 /mile Copies '$ ..10 /each Faxes $ .50 /each Interpreters At actual cost - outside maximum to exceed amount The above charge rate would be used to compute our monthly billings up to the maximum not to exceed amount. Additional services beyond the project scope would be at the above charge rate. Estimated Unit costs Acquisition Single Family $1000.00 @ 24 = $24,000.00 Multi- Family $1500.00 @ 2 = $ 3,000.00 Relocation Homeowner $1200.00 @ 20 = $24,000.00 Renter- SF $1000.00 @ 3 = $ 3,000.00 Multiple $ 750.00 @ 8 = $ 6.000.00 • Maximum Not to Exceed $60,000.00 510 Chestnut St., Suite 200, Chaska, MN 55318 Office: (612) 448 -4630 FAX: (612) 448 -4676 • The cost of acquisition and relocation services can vary greatly on a per unit basis. We trust that the real estate appraisals will be accurate and defensible. The attitude of the displacee also effects how the process will proceed and the amount of time necessary to reach settlement. We do see our services as an alternative to condemnation. It is important to recognize that our approach is to utilize our experience and knowledge to solve problems and differences of opinion. We do not just throw money at problems as a way to reduce our time commitment. This approach does keep total settlement costs in line. We are widely recognized for our ability to keep projects within budget. Since ly, j Daniel H. Wilson Wilson Development Services Principal • Commissioner introduced the followin g resolution and moved its adoption: • EDA RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL AND AUTHORIZING CONTRACT FOR ACQUISITION AND RELOCATION SERVICES FOR 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT WHEREAS, City Council Resolution No. 96 -214 directed the Economic Development Authority in and for the City of Brooklyn Center (Brooklyn Center EDA) to provide for the administration of all project activities relative to the 53rd Avenue Development and Linkage Project; and WHEREAS, in accordance with the Request for Proposal for acquisition and relocation services for the 53rd Avenue Development and Linkage Project, the following proposals were received: Total Not -to- Exceed Cost for Company Name Acquisition and Relocation Services Evergreen Land Services Company $36,970 Professional Redevelopment Resources, Inc. $41,200 Wilson Development Resources $60,000 WHEREAS, it appears Evergreen Land Services Company has submitted the lowest responsible quote for acquisition and relocation services; and WHEREAS, the Brooklyn Center EDA has determined the quote from Evergreen Land Services Company best meets the needs of the Brooklyn Center EDA in its execution and administration of the 53rd Avenue Development and Linkage Project. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that the proposal submitted by Evergreen Land Services Company for acquisition and relocation services for the 53rd Avenue Development and Linkage Project is hereby accepted and the EDA President and Executive Director are hereby authorized to enter into a contract for acquisition and relocation services with Evergreen Land Services Company 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. 0 Memorandum To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist Date: November 19, 1996 Subject: Resolution Authorizing Acquisition, Establishing Offer of Just Compensation, Authorizing Execution of Purchase Agreement, Authorizing Relocation Claim and Authorizing Payment for Acquisition Costs and Relocation Costs for 512- 53rd Avenue North In discussion with the property owners in the 53rd Avenue Development and Linkage Project area, staff instructed eo le not to set p u an property closings replacement housing P P YP P Y g P g until at least the end of December 1996. However, one property owner has set up a closing on a replacement home for November 29, 1996. Given the fact that not meeting this closing date may result in a hardship for the seller of the replacement home and for the owners of 512 -53rd Avenue North, staff has tried to accommodate the property owners to meet the November 29 closing date. • In order to meet the November 29 closing date for the acquisition of the property at 512 -53rd Avenue North, the following documents have been prepared for EDA consideration and are included with this memorandum: 1. Appraisal report for 512 -53rd Avenue North 2. Review appraisal for 512 -53rd Avenue North 3. Purchase agreement for acquisition of 512 -53rd Avenue North A Resolution Authorizing Acquisition, Establishing Offer of Just Compensation, Authorizing Execution of Purchase Agreement, Authorizing Relocation Claim and Authorizing Payment for Acquisition Costs and Relocation Costs for 512 -53rd Avenue North has been prepared for EDA consideration. J. Scott Renne, MAI • Real Estate Appraiser • Consultant • REALTOR i� 2729 IRVING AVENUE SOUTH • MINNEAPOLIS, MINNESOTA 55408 r- (612) 871 -1417 FAX (612) 871 -1481 PAGER (612) 661 -3256 November 2, 1996 Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Subject: Market value appraisal of a single family home located at 512 53rd Avenue North, Brooklyn Center; Development process, complete appraisal/Report type, summary appraisal report Dear Mr. Hoffman: Pursuant to your request, I have completed a market value appraisal report of the above i referenced property. The purpose of the appraisal is to arrive at an estimate of market value of the fee simple interest of the subject property of Octobe • l p p rty r 26, 1996. The report is subject to the contingent and limiting conditions and certification stated in the report. The term market value is defined as: The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self - interest, and assuming that neither is under undue duress. The function of this assignment was to estimate the value for purposes of a possible property acquisition. This report was prepared in conformance with the Uniform Standards of Professional Appraisal Practice. The development process for this appraisal was a complete appraisal and the report type is summary appraisal report. The scope of the assignment included: Physical inspection of the subject neighborhood and property on October 26, 1996. The owners accompanied the appraiser on the inspection. - Survey and analysis of comparable sales and offerings for sale Highest and best use analysis • Application of the appraisal process A general description of legal data is: According to Hennepin County records the fee owner is R. J. Smith Jr. and S. M. Jaakola The PID is 01- 118 -21 -43 -0070; The legal description is: Lot 10, Block 2, Bellvue Acres. Commencing at a point 149.3 feet west of the southeast corner of Lot 10; thence west 74.65 feet; thence northerly to a point in north line of Lot 10, distant 196.24 feet west from northeast corner of Lot 10, thence east 82.82 feet, thence southerly to beginning The subject has taxes payable in 1996 of $879.84 plus specials of $11.30 for a total of $891.14 based on an estimated market value of Land $17,100; Building $43,500; Total $60,600 According to Hennepin County records the property sold in February, 1995 for $67,100 • • Page 2 Residential Market Conditions • The table showing the Multiple Listing Service statistics for the city follows: :.:::::: :::::::.....................:::::..:::::.:..:..::.:::::::::::::. �:.::..: :::::..:.:...............:...._ �.:::..:.. �.. Std► �" �' ��5:.:.::..._:::::::::::::.:. :..........::..:::.�:::........ Property Type #Active Average Asking Average Days Listings Price Market Time Single Family 62 $91,285 53 Condo/Townhouse 25 $75,040 90 Duplex 1 $112,900 107 Lots /Acreage 3 $58,466 103 • LITINS TWIT f3Fl1E`` % of Average Sale Average Days Property Type # Sold Listings Price Market Sold Time Single Family 127 62 $86,034 42 Condo/Townhouse 19 50 $76,926 58 Duplex 2 100 $115,500 60 Lots /Acreage 0 0 NA NA • Page 3 N_ eiahborhood Market Conditions • The MLS table represents the entire Brooklyn Center residential real estate market. To delineate the competitive environment of the subject property a market survey was done under the following criteria: The geographic location was the southeast portion of the city lying north of 53rd Avenue North; west of the river; east of Highway 100; and south of Interstate 94/694. Sales that occurred in 1995 or 1996 were included in the analysis Two studies were made, one including all single family residential homes and the second only one and one half story single family homes; the results are shown on the following page. • • Page 4 e:::. :;. .Pam 3.Resi a :< ?::>:<<>: �>: <��:::<: ><:< >�: ><:< ><' ..:.:. Sample Size P =13 Mean P= $77,138 S =123 S=$75,310 E =28 E= $77,438 Range P= $42,000 to $89,900 Median P= $82,500 S= $28,000 to $119,900 S= $76,900 E= $49,000 to $122,900 E= $77,900 Average P =45 Dominant P= $80,000 to $89,999 Market Time S =42 Price Range S= $70,000 to $79,999 E =134 E= $70,000 to $79,999 St Sample Size P =6 Mean P= $78,183 S =43 S= $72,674 E =8 E= $80,009 Range P= $62,500 to $89,900 Median P= $78,900 S= $52,000 to $90,600 S= $73,800 E= $65,900 to $98,900 E= $78,900 Average P =27 Dominant P= $70,000 to $79,999 Market Time S =39 Price Range S= $70,000 to $79,999 E =112 E= $70,000 to $79,999 P= Pending g Sales _ Solds Expired L E fi P Listings s g Page 5 A general description of the subject site is: • An interior irregular shaped lot with dimensions of 75 feet of frontage on 53rd Avenue North with 127 feet of depth and 82.82 feet at the rear of the lot or a total of 10,022 square feet. It is located on the North side of 53rd Avenue North between 4th Street North and Camden Avenue North. Zoned R -2, Two family residential district. The site is served b all municipal nicipal utilities. Infrastructure servin g the area has concrete sidewalk curb and utter with bituminous surfaced streets. eets Landscaping is average with grass, shrubs, and trees. The rear yard is fenced. The subject is located in Zone C, area of minimal flood risk, according to FEMA Flood Map #2701510004 B, dated February 17, 1982. A general description of the subject improvements is: A detached single family home; construction is wood frame with able style g tY roof, full basement, partially finished area and 6' 10" foot ceiling height (13 courses of 6 inch block; floor joists are spanned 16 inches on center); stucco exterior with stone trim on home; stucco exterior on garage; asphalt shingle roof; double hung windows with new vinyl storms; 1.25 story design with low ceiling height (7 feet, 0 inches) on the second floor. Mechanical systems include one full bath on the first floor and a double stainless steel kitchen sink. The basement has laundry hook ups, and laundry tub, Montgomery Ward gas forced air furnace with central air conditioner, water softener, forty gallon Minneg asco gas hot water heater and a 3/4 bath. The electrical service is 60 am aci P P ty with fuses. Page 6 - The size of the building is: Description Dimensions Square Feet 1.25 story over full basement 30 x 26 780 Second floor is 312 One story over full basement 10 x 4 40 Detached garage 12 x 20 240 TOTAL 820 s.f. of ground floor area 1,132 s.f. above grade area 253 s.f. of finished area in basement • 240 s.f. garage The property was built in 1940. The condition and quality of construction is average. The property has been well maintained and no evidence of deferred maintenance was observed. Features of the home include one bedroom on the second floor. The ceiling height on the second floor is seven feet. The first floor has a living room, kitchen, two bedrooms and a full bath.. The basement is semi- finished with an 11 x 23 amusement room. It has vinyl tiled floor covering, paneled walls and acoustical tiles on the ceiling. It also contains a wood burning stove. The ceiling height is 610". The property is in better condition than all the comparables. It is also larger than four of the comparables which makes it more marketable. Its only deficiency is its low ceiling height on the second floor at 7.0 feet. Comparable #1 at 718 53rd Avenue North was a purchase by the City of Brooklyn Center. It is analyzed because of its similarity and proximity to the subject but it is noted that it does not represent a conventional arm's length transaction. Page 7 General Appraisal Methodolo The valuation of a typical parcel of real estate is derived principally through three basic approaches to value: The Replacement Cost Approach, the Sales Comparison Approach, and the Income Approach. From the indication of these analyses and the weight accorded each, an opinion of value is reached based upon expert judgement within the outline of the appraisal process. More specifically, the approaches to value are described as follows: Replacement Cost Approach This approach requires that a current estimate of the cost of replacing the improvements be made, from which must be deducted accrued depreciation in terms of physical deterioration, functional obsolescence, and economic obsolescence, if any, and to which is added the estimated value of the land, as if vacant and put to its highest and best use. Sales Comparison Approach The Sales Comparison or Market Data Approach is based upon the principle of substitution, that is, when a property is placed on the market, its value tends to be set at the cost of acquiring an equally desirable substitute property, assuming no • costly delay in making the substitution. Since no two properties are ever truly identical, adjustments to the comparable are necessary for differences in location, quality, condition, size, market appeal, and other matters. Income Approach The Income Approach involves an analysis of the property in terms of its ability to provide a net annual income in dollars over a given economic life. The estimated net annual income is then capitalized at a rate commensurate with the relative certainty of its continuance and the risk involved in ownership of the property, by utilization of the formula:, Net Income, divided by Capitalization Rate, equals Value. For residential property of less then four units a gross rent multiplier is developed by dividing the sale price of comparables by the unadjusted monthly rent. This factor is multiplied by the economic rent for the subject property to derive a value estimate. Methodology as it Applies to the Subject Property The three approaches are considered for the subject. The income approach is deemed to not be appropriate and thus the sales comparison and cost approaches are applied. The highest and best use was determined to be the present use. • Page 8 . Cost Approach Marshall Valuation Service Section 12, Page 16 Class D, Average Residence Basic Unit Cost $ 46.10 Square Foot Refinements Cold Climate /GFA w/ CAC +3.65 Total $ 49.75 Size Refinements Floor Area/Shape 1.04 Temporal & Locational Multipliers Current Cost Multipliers Central USA, Class D, Section 99 1.01 Local Multiplier 1.14 • Al212lication $49.75 x 1.04 x 1.01 x 1.14 = RCN of $59.57 per square foot of above grade area. The building contains 820 square feet on the main floor. The expansion space is 312 square feet. The second floor is adjusted downward by 8% for the second floor and 3% for ceiling height. Application of the square footage via the calculator method of Marshall Valuation Service is: 820 square feet at $59.57 per square foot equals $ 48,847 312 square feet at $53.01 per square foot equals $ 16,539 Basement The basement rate is from Section 12, page 17 semi finished rate and adjusted for current cost and local multipliers. 820 square feet at $17.03 per s.f. equals $ 13,965 • Page 9 • Garage 240 square feet at $18.49 $ 4,438 Extras Wood Stove $ 900 Total Estimated Replacement Cost Total Construction Costs $ 80,251 Estimated Accrued Depreciation The age/life method is used to estimate physical depreciation. According to Section 97, page 4, an average single family home has an economic life of 55 years. The effective age of the subject is estimated to be 20 years. Observed condition was used for functional and economic depreciation. The functional obsolescence was for the low ceiling height on the second floor. Physical 36% Functional 5% • Economic 0% Total 2 41% 3_ 902 Depreciated Cost Estimate $ 47,348 Depreciated Value of Site Improvements $ 5,000 Landscaping, fence, driveway Land Valuation $22,000 Total Value Estimate $ 74,348 SAY $ 74,300 Page 10 _Sales Comparison Approach • The sales comparison approach analyzed a number of sales within the area of the subject. Other comps were analyzed in addition to the five that appear on the grids. Summary information on these sales appears on the following pages. M. ................. .......... ... .. Sample Size Five Mean $64,280 Range $58,900 to $77,000 Median $62,500 Most Similar Four Standard $7,447 Comparables Deviation ..........:::. .....:: Sample Size Five Mean $75,281 Range $71,060 to $79,740 Median $74,170 • Most Similar Four Standard $3,834 Comparable Deviation VALUE CONCLUSION $76,000 • Page 11 • ADJUSTMEARID #1 • 512 53rd Avenue North 718 53rd Avenue North 5315 4th Street North 5444 Camden Avenue North Brooklyn Center Brooklyn Center Brooklyn Center Brooklyn Center x. PRo141KX' ' AA `•:......... 2 blocks Nest 1 block N.E. 1 blocks NN NA .. .: :: .:.• :• �:. �. < `+':`? ::.i:::::R's':::::'•:53::::if:4 t:::;:;':;:::;':f: %; $58,900 in .: :::::...:.:•:.:•::•::::.�: ::: ::. .: ::::>:;o: rax :. $59,000 62,500 PRXGK/bLi$, Lam'.::` NA 89.24 er S.P. I M M is:is:a ?5.2;r a:, p $ 71.35 er e . f . p :.:..... $66.74 per e.f. MAIM 8.0mex Inspection MLS /Driveby FII 3 /Driveby NLS /Driveby ::: :i;:::::::::;r:::..:......... ..........:. ...:.:.,.....:.:._.......::.�:, -:.::.:.:::..:....... ..........................:.:.. ........................ ..:..:..:::.:.::::::,.�:::::::. ( ) $ ......:,::::alliMN»J,t': tlpl:::...:::.,;: + .:::::.::.: :•::::::::::::.: :•.:.:::. Ad jus t m en t uetm ent d i A Adjustment i Ad ue ;...:.. men ::.::..::: ;:;.: .:::::.:: ••: :: . .....:.: Cash 0 points 0 FHA, 2 pte 0 FBA 0 D1►TE of iA1JTIa 10 -26 -96 6- 07 -96/ +1.71 $1000 B- 15 -96/ +.751 $475 8- 01 -96/ +1.01 $600 J0411T1Qf Suburban Similar 0 Similar 0 Similar 0 79x127/busy st 50x189 /inferior $3,000 65x265 /Superior ($2,000) 60x128 /Similier 0 DBSSy1f J'lfb;J►FpBJ►I 1.25 story Similar 0 Similar 0 Similar 0 8 Qo Average Inferior 0 Similar 0 Similar 0 !►G4 ., 1940 1922 $3,000. 1940 0 1923 $3,000 C4�IDITIaM .. Good Inferior $2,000 Inferior $2,000 Inferior $2,000 1►1lowlt AD3[ Total Sdrms Bathe Total Bdrms Bathe Total Bdrms Bathe Total Bdrma Bathe #RQO1[ X99 5 3 1.0 6 3 1.0 5 3 1.0 0 0 5 2 1.0 GRAS TiXYt1[�i ��l 1,132 e.f. 660 e.f. $9,440- 976 e.f. $5,120 884 s.f. $4,960 AKRIII'1' �'k fXlIflYSp i:; Full;Amuse Rm; 3/4 Full;None $2,000 Full;unfinished $2,000 Full;unfinished Nbbi!'S: t`�JIM..). bath $2,000 YUYILK`Yb11h1± Average Similar 0 Similar 0 Similar 0 I1lYMC /CiObL'IMC.:. GFA /CAC GFA $1.,000 GFA /CAC 0 GFA $1,000 CAk11C11 /C11iep¢MM` .. I car detached 2 car detached ) ,ce . _,.,,... .,.. ($1,500 None $2500 2 car detached (1,500) Y. .... , A'1`YO�: None None 0 None 0 None 0 PiK►I�6f, .;hC . Y'Xp1rY (Sj . Wood Stove None 0 None 0 None 0 None None 0 None 0 None 0 11:11T1.7. Tp�1►Ti Plus 19 940 (_ �. . '. :;:::; «•::;; >.> $ , Plus $10,095 Plus $12,060 p XMpX4Cil'1'b OX •E 9bI t1N 78 840 :::: ::.::::: .. .... . ; s.5 : ::....... ;:::;:;::::::: :;:R::: ti. > ::;:::;:•;:: %':::r;:t;;:;::: $ r <;:;:: ?:: •$: ?:: 2:•:':::;:;;:;;:::i:z 72 595 ; 5 ow 11 1lJbC�t .............. . ......... .. ............................... ...... 1, 60 • ADJ&ENT GRID #2 • .............................. .. . ... .............. ..4'CRtF11�LA$To?�...NSi..:.: {. �:;:::;::; i:;<::>::;<:;::;::.:>;:<..::;;:;.:;:;:;;;;:.:;;.:>:> a?UI �J�UII�T .R:::�9:: 512 53 Ave. rd A N. 5533 G hard ve u A n e North 5327 Girard v A sous North Brooklyn Center Brooklyn Center Brooklyn Center S iFR.. .. .... ... ...... ........ NA ...... ,::::::: ,. 4 blocks NW 8 blocks NN NA $77,000 $64,000 Pf4TG� /. $' A $72.43 per S.F. P P $71.91 er s.f. N ............. .....................:.:::.:::. ................. SM, YiX1►,gtNl3tC,>r Inspection HLS /Driveby HLS /Driveby 'gltT�uu Xyx7U,C.1'!1 :. :::::. >:: > ;�taaarf r�a;::.;:.:;<.; >:<. ....:.::::::::: ttaxc�rt �:eut ;:,<.;:;::; >;• >:.. + - ,..: :. .::.:•::.:. �::;:•::>;:<:.;.::::.:::::. �::.. � :..........::::::::::::........ .... 1 �...:.:...........,....:. � .. ........:.::::::::.::.:.::.:..� .................. ( ) S ;::;:;:: <::...:�aari ion: >:: >; >:: ><: > >< + - e Ad j ust m nt Ad u s tme nt i x> i c FHA 0 FBA 0 QF X 10-26-96 10 -26 -96 3 -5 -96/ +2.31 $1,500 6 - 19 96/ +1.31 $830 . i ................ Suburban similar 0 Similar 0 /a 79x127 73x135 /Similiar 0 75x133 /Similiar 0 '', fi3G� 7�1m, j►pPk1A#�. ?:z: 1.25 Story 1.25 story 0 1.25 story 0 ...... Average Similar 0 Similar 0 .............. :ji:if:i^ ... :....... .....:. 1940 1950 ($2,000) 1942 0 Go od Inferior $2,000 Inferior $2,000 Tote G$J►A7# Bdzms Baths Total Bdrms Bathe Total Bdzme Bathe 5 3 2 5 2 1.0 0 5 3 1.0 0 1,132 s.f. 1,220 s.f. 890 s.f. $4,840 ($1,760) Tllx't1�Rfl'`'• Fu 11 Amu e e Rm 314 bath Full;unfiniehed $2,000 Pull;Amuse Rm $1,000 r'E i'ff(k{ItiEKfO j13 [Iti£E?` ?: K ....... 1%EYI.....r.'.: > Average Similar 0 Similar 0 Q.... GFA /CAC GPA $1,000 Gravity $1,500 jL'1tRtklltL°. 1 car detached 1 car detached 0 1 car detached 0 f•:::.�.:, ::;, None None 0 None 0 � �, : } :: {.; :: Non None 0 None 0 None None 0 None 0 � 'i........? if: i' i ?:i% i':i' i ?i isi ?i'` i { ?: ri:'• i � }`# %i %i$i'i'riii�'S ii' i 5 ' iit :::•:: :.::•::• :• .....:::.::::•::::•:.:•:• :•. $2,740 Plus $10,170 : :.:.:...:......:.:....:.. Plus .: $79,7 $74,170 •• ► ► ► ► At �r 1 r r� Al !E ' z i K W, UN r. ai++�r• w 1 Appraisal . Avenue North • • y w A4 a► Reconciliation • Based on the analysis described in this letter the estimate of the market value for the subject property as of October 26, 1996 is: .................. s�+ ins.. ............................... Cost Approach $74,300 Sales Comparison Approach $76,000 Income Approach Not applied VALUE CONCLUSION $75,500 This conclusion is based upon my personal inspection and review of the subject property, comparable sales, and application of the appraisal process. Respectfully Submitted, J. Scott Renne, MAI, CAE • Page 17 CERTIFICATION • I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report, t , and I have no personal ' P p merest or bias with respect to the parties involved. 4. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 5. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. The development process for this appraisal was a complete appraisal assignment and the report type is summary appraisal report. • 6. J. Scott Renne, MAI made a personal inspection of the property that is the subject of this report on October 26, 1996. The owners accompanied the appraiser on the inspection. 7. As of the date of this report, J. Scott Renne has completed the requirements under the continuing education program of the Appraisal Institute. 8. This appraisal assignment was not based on a requested minimum valuation or specific valuation or approval of a loan. J. Scott Renne, MAI, CAE- Certified General Real Property License #4000733 • Page 18 • APPRAISAL QUALIFICATIONS OF I SCOTT RENNE, MAI, CAE WORK EXPERIENCE: 1978 - Present - Independent Fee Appraiser /Consultant/Realtor on a part time basis 1993 - Present - City of Minneapolis Assessor, Minneapolis, MN 1988- 1993 - Washington County Assessor, Stillwater, MN 1981-1988 - City Clerk/Assessor, City of Hopkins, MN 1978-1981 - Assistant Assessor, City of Hopkins, MN 1974- 1978 - Property Appraiser, City of St. Louis Park, MN 1973 1974 - Property Assessment Specialist, Wisconsin Department of Revenue, Madison, Wisconsin EDUCATION: Graduated from the University of Minnesota School of Business Administration in 1973 with a Bachelor of Science Degree in Business Administration. Completed g ted the University tY of St. Thomas Mini -MBA program in 1993. REAL ESTATE EDUCATION: AIREA Courses - • Urban Properties; Real Estate Investment tment Anal sis• Litigation Valuation; y ti g Industrial Valuation; Market Analysis; Highest and Best Use; Business Valuation; Hotel Valuation; Standards of Professional Practice; numerous seminars. IAAO Courses - Appraisal of Income Producing Property; Techniques of Mass Appraisal; Assessment Administration; Instructor Workshops; Computer Assisted Mass Appraisal; numerous seminars. SREA Courses - Introduction to Appraising Real Property; Principles of Income Property Appraising; Narrative Report Writing; numerous seminars. University of Minnesota Continuing Education Courses - Computer Aided Assessment; Narrative Report Writing; Residential Appraisal; Apartment Appraisal; Assessment Laws; History and Procedures; Property Valuation Short Courses; Business Site Selection and Analysis. PROFESSIONAL DESIGNATIONS: • Member, Appraisal Institute; Senior Accredited Minnesota Assessor; Certified Assessment Evaluator; Residential Evaluation Specialist. • QUALIFICATIONS OF J. SCOTT RENNE (continued) PROFESSIONAL AWARDS: 1984 IAAO Member of the Year; 1984 Top Pen Award for best selected article in "Equal Eyes "; Primary author and coordinator of "Property Assessment" slide presentation, winner of 1985 IAAO Public Information Award; 1989, 1990, 1992 and 1993 IAAO Presidential Citations. REAL ESTATE EDUCATOR EXPERIENCE: Developed and taught courses and seminars for the University of Minnesota, International Association of Assessing Officers, Minnesota Association of Assessing Officers, Minnesota School of Real Estate, Inver Hills Community College and ProSource Educational Services. Have given appraisal/assessment presentations throughout the United States and Canada. CURRENT PROFESSIONAL ACTIVITIES: IAAO Professional Admissions Committee; IAAO Narrative Report Grading Committee; MN State Board of Assessors Narrative Report Grading Committee; Author of "Real Estate Financial Indicators" column in "Equal Eyes'; IAAO Property Appraisal and Assessment Administration Global Editor; Greater Minnesota Chapter of Appraisal Institute Board of Directors; AIREA Regional Ethics and Counseling Panel; Board of Directors, Minnesota Association of Professional Appraisers. Numerous past activities including IAAO Executive Board and MAAO President. PROFESSIONAL MEMBERSHIPS: Minnesota Association of Assessing Officers; Minnesota Chapter of International Association of Assessing Officer; International Association of Assessing Officers; Appraisal Institute; Citizen's League; NAR Appraisal Section; Urban Land Institute; International Right of Way Association; Minneapolis Board of Realtors; Minnesota Association of Realtors; National Association of Realtors. - Qualified as an Expert Witness in Minnesota Tax Court, District Court and Condemnation Commissioners' Hearings - Licensed Minnesota Real Estate Broker #07545920. • - Licensed Real Estate Appraiser #4000733 Certified General level I • CONTINGENT AND LIMITING CONDITIONS The value estimates and conclusions in the appraisal are made subject to these assumptions and conditions: 1. The property has been appraised as free and clear of all indebtedness under responsible ownership, and good management unless otherwise set forth in the appraisal. 2. No title search has been made and the reader should consult an appropriate attorney or title insurance company for accurate ownership data. 3. The furnished legal description is assumed to be correct. 4. The information contained in this report is not guaranteed, but it has been gathered from reliable sources. The appraiser certifies that, to the best of his knowledge and belief, the statements, information, and materials contained in the appraisal are correct. 5. No responsibility is assumed for matters which are legal in nature. It is assumed (without survey) that the improvements are located within the legally described property and that the buildings comply with all ordinances except as noted. 6. No analysis of soil conditions was required and none has been made. All value estimates in this report assume stable soil and any necessary soil corrections are to be made at the seller's expense. 7. Estimates herein are based on the present status of the national business economy, and the current purchasing power of the dollar. 8. A plot plan may have been provided in this report to assist the reader in visualizing the property. We have made no survey of the property and assume no responsibility for its accuracy. 9. The market value herein assigned is based on conditions which were applicable at the time the property was inspected and may vary at a later date. 10. The appraiser herein shall not be required to prepare for or appear in court or before any board or government body by the reason of the completion of this assignment without pre - determined arrangements and agreements. 11. Surveys, plans and sketches may have been provided in this report. They may not be complete or be drawn exactly to scale. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 13. Information in the appraisal relating to comparable market data is more fully documented in the confidential file in the office of the appraiser. • 14. All studies and field notes will be secured in our files for future reference. CONTINGENT AND LIMITING CONDITIONS (continued) • 15. The distribution of the total valuation in this report between land and improvements applied only under the reported highest and best use of the property. 16. It is assumed that all applicable zoning and use regulations and restrictions have been compiled with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 17. It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated, defined and considered in the appraisal report. 18. This property is appraised in fee simple, assuming responsible ownership and management, unless otherwise indicated. This appraisal recognizes that available financing is a major consideration by typical purchasers of income producing real estate in the market and the appraisal assumes availability of financing to responsible and sufficiently substantial purchasers of the property in amounts similar to those indicated or implied in this report. 19. We are assuming: 1) that any asbestos or urea - formaldehyde that may have been used in the building materials in the property are in compliance with current statues and regulations and do not present a health hazard to the public; 2) that lead based paint has not been used in a manner that would cause health problems for the public using the property, and 3) that the property has not been the site for the dumping of hazardous substances or is subject to radon gas. If any or all of the above conditions exist, this could have a bearing on the market value of the property. • 20. The use of this report is subject to p � the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 21. It is assumed that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 22. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 23. The forecasts, projections or operating estimates contained herein are based Pe ing upon current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes in future conditions. a W r , t' �t t � M � �ff�J t pl� ♦ tt R, �, e �tj �,�"'y,v+'�',• 'fir-- at `'tira,`v.�i' A oel cu VII loom µ •f' _ �.. ., a"i' � 1 S.. z .i, v� .t � ~ '�" � 4 '. -•., ,.rte• ..��' � � � � '^ � - _ y ..� _ p a �_ '` � •Sy s �' `•1.�4 �A�•�'C� j + ����y a 1T ��` 4. Y j ~�� �-•_; °Z „ � �± 4 ' t .E � _...^' "two �^` .�,G . M . -+> 6;. ♦ Z:> - f• w. - Yr ,pr.- .ems. ?t �� ki ff, 1 ".f. � • �y ` S �� t I � A � `t • '� tt r 4< n I b f C }+ .Alt: 7 ,M7!`f. '` "' . "- � a � ;.. �5;� �• . ti +12 3'9�� 'iica....,.w.,.y.,Y....1 -1 N y+lFrr , - / L 10 �I D t' Q tin •It �• i "• •11 �.:,;� - :ate.•.%;^ ^'.f.' -, ' r s Y � Y i tip PHOTOGRAPHS OF SUBJECT PROPERTY • t 1 4 _ � t rts;'�• � • 53rd Avenue North facing East Iry T s + ss� A° • 3rd Avenue North o fac' West est _'s � j 1 !lxolvC:]N_LIt.SOS+Ir/r �,� X _: --- -- •fit �151yy:5'u- S.IrosnrScf' - _- -=.a•w n, ., F , _ Y L /%• 3. '�'! 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CA _ t x COLFAX GC .!: AYE N Im VI _ m m � , .� x m BRYANT . m z AVE m m ' N z BRYANT z r AVE x z 11 - =' r — ? EL a m alrrx!1 AYE 19 ALDRICH DR N ALDAICH AVE 11 �• m ^ x O GULDEN z AVE CAMDEN AVE N LYNDALE AVE X\ ST 1 L u t 4T11 S 0 0 S — 4 TH CT N STS 4TH 0 L / .,,�' �.; . " �" � •bpd ��d �� .. � a,....�F...-- ' -^-., 4 sSISSIPP i > �" ✓ N MSES.-ri u j k 5 ; i >� r 91 . C6 Park f` b : 1 Co � �tl z UO �OOIOtIH03i `t v, � � b ST o I,j F qS .y 61g11S11ALL. ST- j -•-r- Mpg 1 t� r,,� � o Building Sketch 30 b 10 • • REVIEW APPRAISAL A. APPRAISAL IDENTIFICATION 1. Owner of Property: Richard J. Smith & Shannon Jaakota 2. Location of Property: 512 53rd Ave. N., Brooklyn Center, �In. 3. Appraiser: J. Scott Renne 4. Project: 53rd Avenue Project 5. Just Compensation: $75,500.00 B. DATA 1. Highest and Best Use: R -1 Single Family 2. Zoning: R -2 3. Cost Approach: Utilized Marshall and Swift Residential Building Cost • Land value determined by comparable sales. 4. Income Approach: Considered but not applied. 5. Market Approach: Standard method using five comparable sales in the subjects neighborhood. Four sales were arms - length and one utilized was a sale to government but on the same block as subject. • • C . ANALYSIS OF DATA: A complete review of all data contained in this report was made. All data appears to be representative of the market for the subject property. No Adjustments to Mr. Renee's conclusions were necessary. All calculations and determinations were considered to be accurate and within applicable standards. D. ANALYSIS OF VALIDITY: All of the appraiser's methods, judgements, and • conclusions appear to be valid and in conformity with applicable standards. No different approaches to value were deemed necessary. E. RECOMMENDATION OF VALUE: It is the conclusion of the review appraiser that the value of $75,500 (Seventy Five Thousand Five Hundred Dollars) recommended by Mr. Renee be considered the fair market value for October 26, 1996. • CERTIFICATION I have reviewed the appraisal listed below for the property owned by Richard J. Smith and Shannon Jaakola, on this 5th Day of November, 1996 and certify the following statements regarding this review to be true and complete to the best of my knowledge: 1. I have made a complete review of the above- referenced appraisal for the subject property. The purpose of this review is to recommend the fair market value of the subject property for purposes of establishing a reasonable acquisition price. Fair market value is defined as the price which the property will bring in a competitive market under all conditions requisite to a fair sale, which would result from negotiations between a buyer and a seller, each acting prudently, with knowledge and without undue stimulus. 2. I have made an exterior inspection of the subject property and of all parcels used as comparable sales by the appraiser. I I am not aware of any unlawful occupancy of the property appraised and reviewed herein. 4. I believe that the work of the appraiser(s) with respect to the subject property has been performed in a competent manner in accordance with applicable State law, the Uniform Act, and Department of Housing and Urban Development policies and requirements. 5. I have prepared the attached written report, which delineates the subject property and the interest to be acquired therein, identifies the property by name of owner, parcel number or other identification, establishes just compensation (fair market value) for the property, and identifies and examines the appraisal report reviewed. Based upon my review of the above - listed appraisal and any other pertinent data and in conjunction with the established policy and regulations, the FAIR MARKET VALUE of land and improvements (other than those listed in a separate fixture appraisal) as of November 5, 1996, is recommended at $75,500.00 (Seventy Five Thousand Five Hundred Dollars). SIGNED: .Yosepl J. DaBruzzi� . Review Appraiser Date Witness Date • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this 25 day of November, 1996, by and between RICHARD J. SMITH, JR., a single person, and SHANNON M. JAAKOLA, a single person, owners of 512 - 53rd Avenue North, Brooklyn Center, MN 55430 ( "Sellers ") and the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a public body corporate and politic under the laws of Minnesota, located at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ( "Buyer "). 2. SUBJECT PROPERTY. Sellers are the owners of that certain real estate ( "the Property") located at 512 - 53rd Avenue North, Brooklyn Center, Hennepin County, and legally described as follows: Lot 10, Block 2, Bellvue Acres: Commencing at a point 149.3 feet west of the southeast corner of Lot 10; thence we 74 west .65 feet; thence northerly to a point in north line of Lot 10, distant 196.24 feet west from northeast corner of Lot 10, thence east 82.82 feet, thence southerly to beginning. 3. OFFER /ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer • offers and agrees to purchase and Sellers agree to sell and hereby grant to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances including, but not limited to, garden bulbs, plants, shrubs, trees, and grass. 4. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Sellers and currently located on the Property are included in this sale: Storm windows and inserts, storm doors, screens, awnings, window shades, blinds, curtain/traverse /drapery rods, attached lighting fixtures with bulbs, plumbing fixtures, sump pumps, water heaters, heating systems, built -in appliances, water softeners, garbage disposals, installed carpeting, work benches, television antennas and hood fans. Upon delivery of the deed, Sellers shall also deliver a Bill of Sale for the above personal property. 5. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The purchase price for the Subject Property shall be Seventy -Five Thousand Five Hundred and No /100 Dollars ($75,500) payable by check on the Closing Date. The Earnest Money shall be applied as a partial pre - payment thereof. The Buyer, in its discretion and in partial payment of the purchase price, may assume or take title subject to any existing indebtedness encumbering the Subject Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. • B. TERMS: i. EARNEST MONEY. The sum of Five Hundred Dollars ($500.00) Earnest Money paid by the Buyer to the Sellers, the receipt of which is hereby acknowledged. • ii. BALANCE DUE SELLERS. Buyer agrees to pay by check on the Closing Date any remaining Balance Due according to the terms of this Purchase Agreement. iii. ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer, in its discretion and in partial payment of the purchase price may, to the extent assumable, assume or take title subject to any existing indebtedness encumbering the Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. iv. DEED /MARKETABLE TITLE. Subject to performance by Buyer, Sellers agree to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota. c. Utility and drainage easements. v. DOCUMENTS TO BE DELIVERED AT CLOSING. Sellers shall deliver to Buyer: a. Bill of Sale for personal property. b. Standard form Affidavit of Sellers. c. Owner's Duplicate Certificate of Title, if applicable. d. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. e. Keys for all buildings on the Property and garage door openers, if any. f. General Warranty Deed. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Sellers shall pay at or prior to closing all real estate taxes due and payable in 1995 and prior years. B. Sellers shall pay at or prior to closing the balance of all special assessments levied prior to closing. C. Real estate taxes due and payable in 1996 shall be prorated as of the date of closing between Buyer and Sellers. D. There are no special assessments pending as of the date of this Purchase Agreement. Buyer shall assume special assessments that become pending after the date of this Purchase Agreement, except that Sellers shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees, snow -2- • removal, or other current services provided to the Property by the assessing authority while the Sellers are in possession of the Property. 7. MARKETABILITY OF TITLE. Buyer shall have until the closing to examine title to the Property and to deliver written objections to title, if any, to Sellers. 8. COSTS TO CLEAR TITLE. Sellers shall bear any and all costs to clear title to the Property. In the event Sellers fail to clear title to the extent herein required, the Buyer may clear title to the extent required and charge the cost of clearing to the Sellers, including attorney's fees, court costs, condemnation awards, amounts paid for releases, waivers or quit claims and all other costs actually incurred by Buyer, unless waived by Buyer. In the event that title to the Property cannot be made marketable by the Sellers by the closing date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. 9. CLOSING DATE. The closing of the sale of the Property shall take place on or before November 29, 1996, or at such earlier or later date as may be mutually agreed upon by the Sellers and Buyer. In no event shall the closing date be after November 29, 1996. The closing shall take place at the offices of Buyer, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, or such other location as mutually agreed upon by the parties. Is 10. POSSESSION. The Sellers shall deliver ossession of the Property to Buyer b 10:00 P.m. P P rtY Y Y on the closing date in the same condition as the Property existed on the date of this Purchase Agreement, reasonable wear and tear excepted. 11. DAMAGES TO REAL PROPERTY. If the Property is either materially or substantially damaged prior to closing, this Purchase Agreement shall upon Buyer's option terminate and on such termination the earnest money shall be refunded to Buyer. 12. CONDITION OF PROPERTY. Sellers warrant that all appliances, fixtures, heating and air conditioning equipment, wiring, and plumbing used and located on the property are in working order on the closing date. Sellers have not had a wet basement or water in the basement. . Sellers disclose that the roof has not leaked. Sellers shall remove all debris and all personal property not included in this sale from the Property prior to transferring possession to Buyer; Sellers shall hold the Buyer harmless for the disposal of personal property left in or at the Property by the Sellers after the closing date. Sellers have not received any notice from any governmental authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the Property. Sellers' warranties and representations contained in this paragraph 12 shall survive the closing of this transaction. Buyer shall have the right to have inspections of the Property conducted and to test for the • presence of asbestos - containing materials prior to closing. Unless required by local ordinance or lending regulations, Sellers do not plan to have the Property inspected. Other than the representations made in this paragraph, the property is being sold "as is ", with no express or implied representations or warranties by Sellers as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or modify any provisions of Minnesota Statutes Chapter 327A). 13. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Sellers disclose that there (is) (is not) an individual sewage treatment system on or serving the Property. If there is an individual sewage treatment system on or serving the Property, Sellers disclose that the system (is) (is not) in use, and Sellers further disclose that the type of system is a system and the location is shown on the map attached as Exhibit B to this Purchase Agreement. 14. CONDITION OF SUBSOIL AND GROUNDWATER. Sellers hereby warrant to Buyer that during the time the Sellers have owned the Property there have been no acts or occurrences upon the p Property that have caused or could cause impurities in the subsoil or groundwater of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Sellers agree to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs includin reasonable attorney's fees relating to impurities in th e ( is g Y ) g e • p subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. 15. WELL DISCLOSURE. Buyer acknowledges receipt of a well disclosure statement, which is attached to this Purchase Agreement as Exhibit A. 16. SELLER'S WARRANTIES. Sellers warrant that buildings are entirely within the boundary lines of the Property. Sellers warrant that there is a right of access to the real property from a public right -of -way. Sellers warrant that there has been no labor or material furnished to the property for which payment has not been made. Sellers warrant that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. 17. RELOCATION COSTS. The Buyer shall pay relocation costs, if any, which will be determined in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970, as amended in 1987, and the Department of Housing and Urban Development's Community Development Block Grant Regulations, and paid separately by the Buyer, no part of which is reflected in the purchase price contained in paragraph 5, above. 18. AGENCY DISCLOSURE. Sellers represent and warrant that Sellers will pay any broker's commission due in connection with the transaction contemplated by this Purchase Agreement. -4- • Buyer represents and warrants to Sellers that there is no broker involved in this transaction to whom Buyer has agreed to pay a broker commission. 19. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 20. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 21. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Sellers, and Sellers shall give notice to Buyer of assignment of its interests in the manner prescribed in paragraph 22. 22. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as • follows: a. If to Sellers: Shannon M. Jaakola and /or Richard J. Smith, Jr. 512 - 53rd Avenue North Brooklyn Center, MN 55430 b. If to Buyer: Tom Bublitz Brooklyn Center Economic Development Authority 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 23. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. • -5- SELLERS Shannon M. Jaakola Richard J. Smith, Jr. ECONOMIC DEVLEOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Michael J. McCauley, Executive Director • -6- AAMFOnn N -W uintip. wad O4c�e.w. swan..uM.. t9ao� uw..A. � l�pr Fa+n• MINNESOTA WELL DISCLOSURE STATEMENT • Minnesota Law requires that before signing an agreement to sell or transfer real ro June 30 1990 the perty after e seller must disclose information is writing to the buyer about the status and location of all (mown wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map showing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use, not in use or sealed A seller who fails to disclose the existence of a well at the time of sale and knew of. or had reason to know of, the existence of a well is liable to the buyer for costa relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six Years after the date the buyer closed the purchase of the real property where the well is located. Instructions for completion of this form are on the reverse side. 1. PROPERTY DESCRIPTION Street address: 512-53rd North Brooklvn Center, iMT Hennepin cur Co q 2. LEGAL DESCRIPTION 10. Block 2. Bellvue Acres: Commencing at a point 149.3 feet west of the _.southeast corner of Lot 10• thence west 74.65 feet; thence northerly to a point in north Line of Lot 10 distant 196.24 feet west from northeast corner of Lot 10, thence east 82.82 feet, thence southerly to beginning 3. WELL DISCLOSURE STATEMENT (Check the appropriate box-) • ❑ The seller certifies that the seller does not know of any wells on the above described real property. If this option is checked, then skip to the last line and sign and date this statement. ❑ The seller certifies that the following wells are located on the above described real property. MN. Unique Well Year of Well IN USE NOT IN SE Well No. Depth Const. Type USE Well 1 ❑ ❑ ❑ Well 2 ❑ ❑ ❑ Well 3 ❑ ❑ ❑ 4. SEALED WELL INFORMATION For each well designated as sealed above complete mplete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No 5. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. • srr. = D..�e.w �.w...u Dam a.uw r O�ouw R.a..euaw D.0 EXHIBIT A INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT DEFINITION • A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. MINNESOTA UNIQUE WELL NUMBER All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by the person constructing the well. If the well was constructed after this date you should have the unique well number in your property records. If you are unable to locate your unique well number and the well was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well WELL TYPE Use one of the following terms to describe the well type. WATER WELL A water well is any type of well used to extract groundwater for private or public use. Examples of water wells are: domestic wells, drive -point wells, dug wells. remedial wells, and municipal wells. IRRIGATION WELL An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system. MONITORING WELL A monitoring well is a well used to monitor groundwater contamination. The well is typically used to access groundwater for the extraction of samples. DEWATERING WELL A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. INDUSTRLAIJCOMMERCIAL WELL An industriallcommercial well is a nonpotable • well used to extract groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps and heat loops). WELL USE STATUS Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL IN USE A well is "in use" if the well is producing sufficient water to meet its intended use and is being operated on a regular basis. NOT IN USE A well is "not in use" if the well is inoperable and not in use or the well is disconnected from a power supply and is not sealed. SEALED A well is "sealed "if the well has been sealed by a licensed contractor and there is a Sealed Well Report on file at the Minnesota Department of Health. A properly sealed well has been sealed by a licensed contractor by pumping grout throughout the entire borehole from tha bottom of the well NOTE: If a well is inoperable and not in use or disconnected from a power source, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. If a well is operable and properly maintained, a maintenance permit is not required. • MAP Please use the space below to sketch the real property being sold and the location of EACH well on the property. Include distances from fixed reference points such as streets and buildings. • • USE ADDITIONAL SPACE ON BACK IF NEEDED • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION, ESTABLISHING OFFER OF JUST COMPENSATION, AUTHORIZING EXECUTION OF PURCHASE AGREEMENT, AUTHORIZING RELOCATION CLAIM AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS AND RELOCATION COSTS FOR 512 -53RD AVENUE NORTH WHEREAS, Resolution No. 96 -214 directed the Economic Development Authority in and for the City of Brooklyn Center (Brooklyn Center EDA) to administer and execute the 53rd Avenue Development and Linkage Project including administration and execution of all project ro' P g J g P J activities; and WHEREAS, 512 -53rd Avenue North is one of the properties to be acquired within the 53rd Avenue Development and Linkage Project area; and WHEREAS, the owners of 512 -53rd Avenue North have n requested the Brooklyn Y Center EDA to accelerate the acquisition of their property; and WHEREAS, the Brooklyn Center EDA has reviewed the following items relative to the appraisal of the real property located at 512 -53rd Avenue North: a. Appraisal report dated November 2, 1996 b. Review appraisal dated November 8, 1996; and WHEREAS, the fair market value of the real property located at 512 -53rd Avenue North, as established by the appraisal and review appraisal, is $75,500; and WHEREAS, staff has prepared a purchase agreement for the acquisition of 512 - 53rd Avenue North. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center as follows: 1. The appraisal documents described in paragraph four of this resolution are hereby accepted and the fair market value of $75,500 established by the appraisal and review appraisal is hereby accepted and established as just compensation for the real property located at 512 -53rd Avenue North. • 2. The Executive Director is hereby authorized to make a written offer of $75,500 to the owners of the real property at 512 -53rd Avenue North for the acquisition of the property. • EDA RESOLUTION NO. 3. The terms of the purchase agreement for acquisition of 512 -53rd Avenue North in Brooklyn Center are hereby approved, and the Executive Director is authorized to execute the purchase agreement on behalf of the Brooklyn Center Economic Development Authority. 4. The EDA, in addition to the purchase price, shall pay all costs associated with the closing and relocation claim for 512 -53rd Avenue North. Date President The motion for the adoption of the foregoing resolution was as dul seconded b P g g Y Y 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. •