10-368Amended 4/21/2010 Councit File # 1� 3�.=�
Green Sheet# 3105216
RESOLUTION �
OF SAINT PAUL, MINNESOTA �
Presented by
Resolution to �inr# Extend Stav in the
Implernentation af Council File #0&772, an Order to Remove or Repair
SOOSherburneAvenue within ISODays ofAdoption ofResolution
t WHEREAS, the Saint Paul City Council adopted Council File #08-772 on September 17, 2008 an
2 Order to Remove or Repair the buildings knowm as 500 Sherburne Avenue within 180 days; and
a WHBREAS, this grant of time to complete the rehabilitation of the building was premised on the owner
s meeting a number of conditions, including the posting of a$5,000 performance deposit and the
5 following:
s 1) Faqade improvement shall be consistent with the plans outlined by Historic Saint Paul;
9 2) The ideal composition of the use of this building is office space for the first floor, and two
io residential units upstairs. Notably, the District Council will assist in securing signatures for the
t� necessary petition to change zoning; however, if this building is rehabilitated exclusively as
ta residential, the ideal number of units is four. In no case should there be more that six units
ts total;
ta 3) A community space, such as a large screened patio space, shall be developed to allow tex�s
i 5 residents to congregate without creating loitering and nuisance behaviors;
�6 4) Lighring fixtures shall be consistent with Historic Saint PauPs plan;
v 5) The parking loUpatio space in the rear of the building shall be properly and thoroughly lit for
�s safety. Lighting should be screened to not produce a light pollution nuisance for neighbors;
i9 6) The garbage area shall be screened and locked (to preventlslow dumping problems);
zo 7) Cameras shall be installed for security and records maintained for 30 days. Cameras may face
zt 500 Sherburne or the public right of way and street. They shall not be focused toward
22 neighboring property;
zs 8) The first floor windows facing the neighboring Sherburne property (note 500 Sherburne on lot
za line) shall be eliminated. That portion af the neighbor's fence immediately adjacent to the
zs building at 500 Sherburne shall be removed per agreement with the neighbor, Lucie Passus, as
26 the fence was constructed to diminish the nuisance impact of 500 Sherburne on that property;
z� and
2s 9) If ventilation systems updated, the building shall not vent into neighboring properties.
29
3o WHEREAS, Palmer Management was unable to complete 50 percent of the project within the 180 days
s t granted by the City Council and the performance deposit was forfeited; and
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33 WHEREAS, Council File �08-772 provides that failure to complete the rehabilitation within the
3a allotted time will result in the City abating the nuisance condition at the property; and
ss
�6 WHEREAS, Palmer Management, in partnership with Black Sands, presented a second proposal for
s� the rehabilitation of this building, and this proposal provided the requisite information attendant to a
sa request for time to complete a rehabilitation, and they also posted a$10,000 performance deposit; and
l�3 31.5'
39 WHEREAS, based on this, the Council adopted Council File #09-848 which stayed the enforcement of
ao Council File #08-772 for 180 days in order that the property would be rehabilitated; and
4l
az WHEREAS, on March 22, 2010 a legislative hearing was conducted to determine the progress with the
a3 rehabilitation; and to develop a recommendation for the Council as to whether an additional stay should
aa be granted;and
as
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WHEREAS, in the course of the hearing the following findings were made:
1) The rehabilitation of this property has not been completed in the 180 days provided by the City
�,'OUT1C1�;
2) A recent site visit by DeparCment of Safety and Inspection (DSI) staff documented that
approximately 50 percent of the work had been completed;
3) The City's Legislative Code provides that a person intending to rehabilitate a nuisance or
dangerous structure have both a grant of time from the City Council and post a performance
deposit (which may be extended for up to 6 months, if at least 50 percent of the work is
completed);
4) Central Bank of Centerville, the successor of the originallender, MainStreet Bank, is in Yhe
process of foreclosing on the loan used for the rehabilitation;
5) Central Bank is interested in completing the rehabilltation and retaining the 500 Sherburne
Avenue as an asset
50 6) Heritage Preservation are very concerned that the exterior rehabilitation to date has not been
61 consistent with the historic character of the building, as was required in the original grant of
6z time by the City Council;
6s 7) The process for addressing the nuisance condition at the building was initiated in the summer of
ba 2008, nearly two years ago;
6s 8) The DSI is looking for guidance from the Ciry Council as to whether it should move forward
66 with the abatement of the nuisance condition at 500 Sherburne Avenue, which would include
5� the demolition of the buildings; and
6a 9) The DSI is also looking for guidance from the City Council as to whether the $10,000
69 performance deposit should be forfeit to the City.
�o
�t WHEREAS, the legislative hearing officer recommends that the City Council 1) lift its stay on the
�z enforcement of Council File #08-772, thus allowing DSI to move forwazd with demolition; and 2) the
�s City return the $10,000 performance bond/deposit; and
7a
�s WHEREAS, legislative hearing staff provided notice on March 24, 2010 to all known owners and
�5 interested parties of this forthcoming recommendation; and
��
�s WHEREAS WaI1�Nelson of Renovation, Inc made a presentation to the City Council on April 7,
�9 2010 in which he �ut forth a rehabilitation plan for this building which addressed many of the concerns
so of the City re¢azding this �roject; and
a�
sz WHEREAS, the Council referred this matter back into le¢islative hearing in order that a thorou¢h
83 review be made of his pr000sal; and
84
1G-3�$
ss WHEREAS, a legislative hearing was conducted on A�ril 13, in which the plans for the rehabilitation
a5 of the buildine were reviewed by the vacant buildingprogram mana e�r�, and
s�
as WHEREAS, based on this review the lePislative heazing officer recommends that if the following
s9 conditions are met, that the Citv Council �rant an additional stav of 180 davs in order that this Dro e�rty
90 mav be rehabilitated:
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t os
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1) that a new oerformance deposit of $10,000 be posted with the De�artment of Safety and
TIlSDeCt10riS;
2) vacant buildin� fees shall be paid in full;
3) the front facade of the building shall be si�nificantly modified in order to make it much more
consistent with the drawings attached to the rehabilitation plans ori�inallv considered bv the Cit�
Council in CF #08-772 and these chanees shall include installation of historic li�ht fixtures,
alternative window and facing materials, and renlacement of the former transom window;
4) rehabilitation plans and financial documents which demonstrate the capacity of Wally Nelson to
successfullv complete this proiect be reviewed and approved b�taff in the legislative hearing
rocess'
5) the ori�inal xequirement that camexas must be installed for securitypurposes;
6) Wally Nelson is officiallv installed as the receiver for this �roperty�and that in this canacit �}_he
executes the rehabilitation on behalf of Central Bank, headc�uartered in Center City�Minnesota; and
7) Following the comnletion of the rehabilitation Wally Nelson assume ownership of the rp ooerty, and
take responsibilitv for its on�oing operation and maintenance;
WHEREAS, these conditions have been met to the satisfaction if the Le�islative Hearing Officer;
i�o NOW, THEREFORE, BE IT RE50LVED, that the City Council continues �#s its stay in the
t� t implementation of Council File #08-772 for a period of 180 davs in order that Wally Nelson, acting as
i iz receiver for Central Bank, com�lete the rehabilitation of this building, *w��° °"�•� ��� T'cT'� -��.,�
t�s ; , .
Bostrom
Carter
Harris
Thune
Adopted by Council: Date
Yeas
✓
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Absent Requested by Pepartment of:
Adoption Certified by Cou cil Secretary
By: G
Approve y yp : Date �� �CJI �
By:
I�
Form Approved by Ciry Attomey
B
Form Approved by Mayor for Submission to Council
B
Approved by the Office of Financial Services
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10-368
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
CO - Council
01APR2010 I Green Sheet NO: 3105216
�
Assign
Number
For
Routing
Order
0
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2
3
4
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Contact Person & Phone:
Marcia Moermond
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUTION
E-Docume�t Required: Y
Document ConWCt:
Contact Phone:
Total # of Signature Pages _(Clip All Locations fnr SignaWre)
I Resolurion rescinding C.F. #09-848 which placed a stay on the implementation of C.F. #08-772, an order to remove or repair 500
, Sherbume Avenue within 180 days of adoption of resolution.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Ciwl Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2 Has this persoo/firm ever heen a city empbyee?
Yes No
3 Does this person/firm possess a skill not normally possessed by any
curzent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages if Approved:
1 DisadvanWges lf Approved:
I
I
, Disadvantages If Not Approved:
Totai Amount of
Transaction:
Funding Saurce:
Financial Informati on:
(Explainj
CosURevenue Budgetetl:
Activity Number:
April 1, 2010 2:46 PM Page 1
March 23, 2010 Legislative Hearing Minutes
Pa��8
500 Sherburne Avemie (C.F. #09-848 adopted by Council on August 5, 2009 granring 180
days to complete the repairs to the building.)
Mike Thinesen, Central Bank, appeared.
Mr. Magner reported on the history of the file for this property. The building had been vacant since
Apri127, 2007 and there was an order to abate the nuisance building, which to date, there had been
no compliance. This matter had been before the City Council on several occasions; July, August
and September, 2008, and August 2009. The resolution adopted by Council on August 5, 2009, to
remove or repair the building within 180 days, had since lapsed as had the $10,000 performance
bond. He said that he and Mr. Seeger met Mr. Thinesen at the property and did a walk through. It
was Mr. Seeger's opinion that the building had met the 50 percent mark for completion of the
repairs and it was possible to grant an extension on the performance bond. At this point, he
believed it would need to be the Council's determination whether the $10,000 bond should be
extended. The ownership of the property was also somewhat cloudy. Kevin Palmer, Palmer
Management LLC, was the original owner of the property which he believed was financed through
Black Sands. Black Sands then mortgaged the property through Central Bank. At this point, the
decision needed to be made whether to extend the bond and grant additional time to complete the
repairs to the building or to forfeit the bond and proceed with demolition.
Ms. Spong stated that she had visited the property to review the exteriar architectural work that had
been done to the building. She referred to a schematic drawing submitted by Historic St. Paul and
said it was her understanding that the Council granted the time to rehabilitate the building based on
this drawing. She then went to the Building Department to see what had been approved under
building pennits. She discovered that the building permit was still under the ownership name of
Kevin Palmer, Palmer Management, and that a different drawing of the exterior fagade had been
submitted and was approved along with the building permit. That drawing did not have storefront
openings and transoms but rather had casement windows which appeared be double hung with a
transom above the windows. What she observed when she visited the property was what had been
installed was vinyl, double-hung windows with no transoms, and the original iron columns had been
removed. The one lead glass window that had been original to the building had also been removed
and replaced with stone. She said it was highly disappointing to see that the plans submitted by Mr.
Palmer, with the commihnent to bring the building back to some of its original historic character
and to be a landmark building in the neighborhood again, had not been followed. She had also
noticed that it appeared there was framing and walls behind the front exteriar windows, so when
looking into the building, you were looking at a wall. The building was originally an 8-unit
building and it was the desire to convert it to four units with storefront space. As a compromise, the
building was to be converted to six units. When she talked to the building inspector, GLeg 7ohnson,
he said it appeared they were not adhering to the floor plans that had been submitted. He also told
her that if the ownership had changed and work was being done, they would need to submit new
building permits under the current ownership of the property.
Mr. Thinesen explained that the bank had done a master note to Black Sands, and they in turn
assigned the mortgages they had done with Palmer Management, to the bank. Currently, the bank
filed to have a receiver appointed as they were attempting to gain control of the property and a
sheriff sale was scheduled to occur on Apri123, 2010. When the bank was granted control of the
property, they would then be in a position to find out what needed to be done to the property. He
said he also had a Quit Claim Deed from Palmer Management to the bank, which had not been
March 23, 2010 I,egislative Hearing Minutes
Pa��9
filed, and it was his understanding that there were perhaps several other Quit Claim Deeds from
Palmer Management to other individuals and enrities. Ae explained that originally, Black Sands
had a line of credit with the bank which was secured by different properties, and they would then
draw on that line of credit to rehab other properties. The note with Black Sands had matured; the
partnership then dissolved, and this property was never finished. He said there were three other
properties which Black Sands had completed the rehabilitation and were currently in foreclosure;
two of those properties being in St. Paul. He said he had been through the building on two
occasions; however, since the bank did not have control of the property, he did not have access to
the property. The person who had keys to the building was 3oe Munn, 500 Sherburne LLC, who
had taken over the rehabilitation project after Palmer Management had failed. He was unsure what
Joe Munn's relationship was with Black Sands and was unsure if the bond was posted under 500
Sherburne LLC.
Mr. Magner stated that at the time the Council was going to consider demolition of the building
after the first bond had been forfeited, Mike Doody of Black Sands came in and represented that
they were going to hire Joe Munn to rehabilitate the property. It was his understanding that Mr.
Munn was going to complete the rehab and accarding to STAMP, Mr. Munn had posted the
performance bond.
Ms. Moermond asked Mr. Thinesen whether the bank had previously ever done any rehab proj ects.
Mr. Thinsen responded that Central Bank had purchased MainStreet Bank and currently had
approximately $100,00Q000 worth of properties which were in the process of rehab, sale, or
foreclosure. Ms. Moermond asked whether they had ever hired a contractor to do this type of work.
Mr. Thinesen responded that he was sure they had; they had probably four or five contractors which
they worked with all the time. The bank had a lot of partially completed rehab projects which were
acquired through the MainStreet Bank acquisition. They did have a sworn construction statement
with Joe Munn in the amount of $87,600; however, until the bank had control of the property, they
were not going to "sink" any money into finishing the project. He said he was aware the property
could not be sold until all of the repairs had been made and it was code compliant. He believed they
could have the project completed within 90 to 120 days as the bank had the financing to do the
rehab.
Ms. Moermond stated that given the tangled history of the property, she did not have confidence
that the project could ever be completed. She asked Ms. Spong what the historic value of the
property may be, given its current integrity, if it was determined to demolish the building. Ms.
Spong responded that property had been inventoried in 1983 and was the only brick, Victorian,
commercial building within the area. It had ornate, decorative brick work and there was potential
for the property to be on the national historic register as well as local historic designation. The
exterior had been stuccoed after the 1983 survey, and since the storefront had been filled in, it
negatively impacted the integrity. Some of the historic architectural integrity would need to be
restored in order for the building to have any potential historic designation. If it were eligible for
the national or local historic register, there was potential for historic tax credits to assist in any gap
financing for the rehab. She was concerned that given the alterations that had already been done to
the building it would likely be impossible to convert it back to its original plan.
Ms. Moermond told Mr. Thinesen that although he may not have been liable for what had happened
in the past with this property, the order to abate the nuisance condition was still outstanding. She
said the only reason Council granted additional time to rehabilitate the property was based on the
March 23, 2010 Legislative Hearing Minutes
Pag�Q�
promise that the building would appear as in the drawing rendered by Historic St. Paul. The
exterior appearance on the work that had been done was nowhere close to the appearance in that
drawing. She said she would not recommend granting an extension of the bond or an additional
grant of time unless the exterior fa�ade of the building were made to the specifications for the grant
of time in the original resolution. This had been a long-term vacant building with a long-term
incomplete rehab with changes in ownership that only continued to exacerbate the nuisance
conditions of the property.
Mr. Thinesen responded that he believed the plans had not been adhered to was because of the lack
of available fiznding. He assured that there would be funding available, although he was unable to
commit to any dollar figure, to complete the project. Ms. Moermond stated that she would hold the
bank accountable to a dollaz figure as it had been past experience that financial institutions had
made commitments and then did not follow through. Therefore, she would require a letter from the
top official of the bank committing an exact dollar figure toward the completion of the rehab
project. Mr. Thinesen responded that he could not present a letter of commitment to fund the
project until he had control of the property through the sheriff sale or a receiver was appointed.
Mr. Magner asked Mr. Thinesen when he believed the bank would have control of the property and
when Central Bank would be willing to make a commitment. Mr. Thinesen responded that he had
been working through an attorney and believed the bank would have control after they had the
sheriff certificate. He believed he had rights to a property that was unoccupied, and to take control
to secure the property, which would be after the sale on Apri123. Mr. Magner asked whether
Central Bank would be willing to make a financial commitment after Apri123. Mr. Thinesen
responded that the bank was doing its due diligence to obtain an appraisal; however, it was difficult
to determine the end value of the property since the rehab was incomplete. He said the bank had
enough money invested in the property that he didn't believe it would be in their best interest to
"dump" the property. He believed he could come back within 60 days with a swom construction
statement and a plan on what needed to be done to complete the project. Mr. Magner countered that
it could be possible that someone else could purchase the sheriff certificate on Apri123 and Central
Bank would then be out. Mr. Thinesen responded that it was possible; however, very unlikely.
Ms. Moermond asked what date the performance bond had been posted. Mr. Magner responded
that according to STAMP, it was posted on July 27, 2009. Ms. Moermond asked when the 180 days
on the resolution recommending the gant of time to complete the rehabilitation expired. Mr.
Manger responded that this would have been at the end of January and a letter was sent out at that
time notifying that the $10,000 performance deposit would be revoked in 30 days. Under any grant
to an extension of the bond, the rehabilitation would need to be completed by the end of July 2010.
The first issue was whether the Council would recommend granting an additiona190 days to
complete the rehabilitation, provided the bank demonstrated they were willing to finance the rehab
to complete the interior repairs to the building. The second issue would be how to address the
exterior fagade of the building as the Council recommended the grant of time based on the
commitment to adhere to the drawing rendered by Historic St. Paul. Since this lana age was
contained in the resolution granting the time which was adopted by the Council, this issue would
need to be addressed on any subsequent grant of time.
Ms. Moermond stated that the building itself was a nuisance given there were eight sin�le-room
rental units, which made it extremely overcrowded, and operated more the less like a"criminal
island" with an extensive history of police issues at the property. The redevelopment plan was to
March 23, 2010 Legislative Hearing Minutes
Pag�Q1
decrease the density in the building in an effort to curb the criminal element which it attracted. Ms.
Moermond read the resolution into the record which had been adopted by Council for Mr.
Thinesen's information. Ms. Moermond stated that she will schedule this matter for a public
hearing befare the City Council. Her recommendation is to rescind the $10,000 performance bond
and DSI shall proceed with the demolition order of the building. It would be the Council's ultimate
decision whether to proceed with the demolition order or to refer the matter l�ack into legislative
hearing to flesh out details on a workout plan.
April 13, 2010 Minutes of the Legislative Hearing Page 3
4. 500 Sherburne (Resolution rescinding C.F. #09-848 placing a stay on the implementation of
C.F. #08-772, an order to remove or repair 500 Sherbume Avenue within 180 days)
Wally Nelson, Renovation Inc., appeared.
Mr. Magner reported on the history and ownership of the property. He said that Kevin Palmer had
quit claimed the property to Black Sands who in turn had a line of credit with MainStreet Bank to
finance the repairs. Black Sands then did a deed in lieu of foreclosure with MainStreet as they had
failed to make payments on their line of credit. MainStreet then failed as a financial institution and
was taken over by Central Bank. Central Bank was now in the process of foreclosure proceedings
to clear title to the property which would then enable them to proceed with rehabilitation of the
properry until it could be sold. Ms. Moermond clarified that Central Bank would continue to be the
owner of the property until the completion of the rehabilitation at which time the title could be
transferred. Mr. Nelson responded that he understood this to be correct.
Ms. Moermond, Mr. Magner and Ms. Boulware reviewed the resolution presented to Council on
Apri17 concerning rescinding the order on the stay to remove or repair the building. Mr. Magner
stated that the exterior faqade plans that had been approved by Council under C.F. # 08-772 had not
been adhered to and needed to be addressed.
Ms. Boulware stated that she had gone to the property the previous evening and taken photographs
of the exterior of the building which she presented. She said that the original plans done by Bob
Roscoe, Historic St. Paul, were completely different than what had been done to the exterior of the
building. In order to meet the design plans on what had originally been submitted by Mr. Roscoe,
she suggested the following would need to be done to modify the exterior of the building: 1)
remove the stone veneer in its entirety on the exterior of the buildang; 2) restore the openings to the
original storefront configuration; 3) restore the transom above the center doorway which had been
one of the few remaining historical pieces lefr on the building; 4) install a front door containing
glazing which would be more historically appropriate; 5) return the double-hung windows to the
original elevation openings; and 6) the one item on their "wish lisY' would be to remove the stucco
and restore the brick which she believed would be too costly.
Mr. Nelson presented a drawing of the plan reconfiguration for the exterior of the building which
had originally been submitted by the architect of Palmer Management and was approved by DSI.
He explained his plans for restoring the exterior fa�ade of the building according to the plans and
said he was committed to working with the HPC to restore the exterior, as much as possible, to it
original historic character. The issues of window design and amount and height of lighting was
discussed. He said he would submit his choice of lighting to the HPC for approval prior to
installation. He addressed the use of the interior of the building. Currently, it was framed to be a 6-
unit apartment building with three-bedroom units and no closets. His plan was to reconshuct those
two units to two bedrooms with closets. There were also two units with two bedrooms which did
not have closets and he planned reconstruct those units to one bedroom units with closets. There
were also two one-bedroom units which they would make sure had closets installed. The interior,
therefore, would be two 2-bedroom units and four 1-bedroom units. This would reduce the number
of bedrooms in the building from 12 down to 8. Regarding the community space in the rear of the
building, his plan was to put in a patio area, to include landscaping, which would be enclosed with
either wrought-iron fencing or other type of low-level screening, which would be separated from the
parking lot. As far as the parking itself, he would run the spaces north-south with either four or five
April 13, 2010 Minutes of the Legislative Hearing Page 4
spaces, depending upon what would comfortably fit in the allotted space. He said there was also
utility pole near the rear parking area and planned to contact Xcel to see about installing a light on
the pole. Kegarding the garbage area, it will not be up against the building as previously planned
and would be placed in an appropriate location on the property with screening. He said he was
concerned about the requirement to install security cameras and asked whether the St. Paul Police
Department had a bubble camera that they could possibly install. Mr. Magner responded that he
believed the requirement stemmed from the history of nuisance activity at the building which
resulted in an inordinate amount of police calls to the property and was likely a result of the derelict
ownership of the property. He said he would talk to Officer Koehnen on a contact at Police to
discuss installing a camera and thought perhaps that a camera could be installed on the corner of
University and McKubin which would cover the comer at Sherburne. Mr. Nelson went on to say
that the first floor windows facing the neighboring property on Sherburne had already been closed
of£ As far as the ventilation system, it would likely be installed at the rear of the building.
Ms. Moermond addressed the issue of the $10,000 performance deposit. She asked Mr. Magner
who had posted the bond. Mr. Magner stated that he believed it had been posted by Joe Munn and
if so, the bond should be returned to him or whoever had posted it. This would be contingent upon
the Council granting time to complete the rehabilitation of the building and if time was not granted,
the bond would be forfeited. It was his opinion that a new bond would be required to be posted by
Mr. Nelson which would then be returned upon completion of the rehabilitation of the project.
The vacant building fee would also need to be paid and was due on April 27.
Mr. Nelson stated that he would agree to post a new $10,000 performance deposit and will pay the
$1,100 vacant building fees by April 19, 2010.
Ms. Moermond stated that she would recommend granting 180 days to remove or repair the
building.
Renovation lncoiporation
Sa/es - Leasing - Construction
Ms. Marcia Moennond April 8, 2010
7 5 West Kellog� B1vd.
Suite 300 City Hal1
Saint Paul, MN 55102
Atfn: 500 Sherburne Aventie
Dear Ms. �Utoermond,
Enciosed �ue the followmg iteins pertaimng to the property at �00 Sherbui�ne Avamie.
1 Purchase agreeinent
2. Vdoilc Schednle
3. Copy of public notice regarding Sheriff Sa1e
4. Copy of Court Order for receivership
5 Financial information for Renovation, Inc.
lf there is anything eIse you need please let ine know.
Please cali me at 612-2�47-3443 if thare are any questions or concems.
Sincerely,
.�c G " —
Wallace Nelson
Vice-President
Renovat�on, Jnc.
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P 0 8ox 836 • Lake Eimo iv1N 55042 •(651) 35i-5138 • LICn20�2"05�1
Renovation Incorporation
Sales - Leasing - Construction
Wark Schednle
�U(3 Sherburne Avenue
�;�ntraciors:
�enovation, Ync. Owner ofproperty, General contractor, and a11 deinolition,
carpent��y, drywall, painting, etc...
Prestige Electric, Ina All electrical.
Ferraro Mechanical A11 heating and gas work.
�2a�erts Plumbing, dnc. All plumbing.
�Zenovauon, inc. will be the owner of the property.
�iienff Sate will occiir on P.ptil23, iJ? 0.
The vacant building fees will be paid by April 27, 2010.
'� he perfonilance bond will be pulled by Apri] 30. 2010.
:Zcnovahon, lne will be aupoinfed receiver on May 24. 2010.
[ I,e i,wlding permit wiil be pulled and paid for by i1/lay 31'"
iZchabwiil startJuue i.2070.
Gur worJ< Schedule is as follows:
a) Bv June 30. 2010 —all rougLi m carpenny (framin;), rough m plwnbm�, rou;h m
eleetncal and a rough in heatmg system shalt be completed.
!�) F3� .iiFl�� 37. ZQ20— ".11 insula?ing and drywall wtil be completed
c) Iiv AuQust 3l, 2010—A11 Walls will be painted and finish carpentry completed.
d) Bv Sentember 25, 20I0 — All Ti1e, Hardwood floors and carpet shall be installed.
e) ��- SepYember 30, 2Q10 — All elech plwnbing, heating intenor pamting u�d
touch up carpenhy shall be completed.
��) �v October 22. 2010 All exterior cement wod<. pamtmg and landscapmg shall
be completed.
Siaccrelv,
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';"�li�cc C \clson_.h�.
iZ�uc���amon. Inc.
\ ice Pres�dent 612-247-3443
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PO Box 836 • Lake Elmc MN 55D42 • t651) 35�5138 • LICn20126541
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PURCHASE AGREEMENT'
Tiis forrn approved by the Minnesota Association oi R6HLTORS(5�,
wti�ch discteims any 3iebilitp erisinq out of use o� misusa oi th�s fotm
O 2009 Minnesota Assoc:ztton of REAi70R5�, Edina MN
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2. Page 1 of _�
_�ece!��eo or _ P.�.pJ �t� t�-7t a�, S.g� � - ---
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�. `I:esumc� _-- � Polfars $ '--
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,. byi ] CHECK [j CASH �i NOTE as earnesf money To be deposifed ❑pon Final Acceptance oi Purchase
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" .Agrsement by a!! parties, o0 or before the fhird Business pay a$er FinalAcceptance, in Yhe frasf account of IisYing
' broker, unless otherwise agreed to in writing, butto be rekurned to Buyer if Purchase Agreement is not accepted
9. by Selier.
i 0 Ssid earnest money is part paymeni for fhe purchase of the proparty ;ocated af
11. StreetAddress: �L>C� S �L"-,E?,.P�.,a,�.F_ v
'2. City of �_f_ �' Iqc,- ( , County o4 �/ __
i
�3. Sate c� Minnesota, iegaliy @escribed as
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includmy aIl fxtures on ihe followi�g property, if any, ovdneG ny Seller and used and located vn saic oroperty,
�nduding bvt not (mited to gartien butbs, plants, shrubs and trees; storm sasn storm doors, screzns ana awnmgs;
window shades, b{inds, traverse and curtam and drapery rods; attachetl lightmg tixtures a�d bulbs; o?um�ing
fixtures. water haater, hea!ing piants (witn any burners, non.iue� ianks, stokers and other eqwpment Used in connectian
there�vifh), built-in air-conditionmg equ�pment, e!ectronic air �ll*.er, watzr softener �oWNED ❑ RENTEp (^; NOtSE,
_"'_""_"....(Chec{; or.e )""___'_'___'
pwit-in hcm�diiier and dehumidirier, liauid fuel tank(s) ❑ OWME� � RENTED (%,l NDNc and c�n:rols (i` the
_'—""""'{CheCk ona.)'__'-'.�.
picper�y of Sellerl sump pump: attached refevisinn antenna, cable ; V �acks and winng, 6UILT-INS: disnwa.=,bers,
<zrbage aispesais trash compactors. o��ens, cook-fop stoves, microwave ovens, nootl =ans, m,ercoms,
.;TTACHED: carpeting: mirrors; garage 3cor openers and all controls; smoke tletectors; fireplace screens, aaors and
:7. teatdators; AN➢ the following personal propeRy:
28
�9.
30. — -�—
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32 all nt �vnicn oroperty Seller has th�s day agreed to se6 to Buyer ior sum of (S �
�o;:a; s
... :•rnir.h Buyer aoree; fo pay ir, ihe iolloeiing mannzr
__ _ i:asr. c' at iezs? � OD pe;cent °ro) ot ihe sale pnc= :whicn i':czuczs tne za ;�;erey' YL;;S �
., � :hz total arcunt securea a�2!r,s thls Frope�ty [o f4nd tI115 pufcha52, n,Ot ;0 2XC0e9
' ,..,_o.' {'�j O� : i? S2f0 �C:6E
... S:;�n nnananq srall be (eneck one) �'':. a first morigage; ;_I a cont;act ror deetl; or '- a firs: modgsye with
..4 sunordinate financing, as desorihed m the at.ached P.dtlzntlu ,7:
... � Conve».`ional � FiiFi ; J DVR ; - i Assumptron �`f ConVact forBeetl � OTher ,__ _
-, The cafe os c�osing shail be �L'7 � e� �°� '7y �a d�-- S
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,vCl:.: ••••.•,••>ci:all.�xfa�4 ..IJh.ae'NNjSe[] _ ^t.w:�f.ld':i:<:] _:).. �
�.,.�sa�m�p jpiort.r�Ll'JPLCS% i6��UP.�:ot.)6:oP.¢.E pa:er!F_!.par<G:P_v �•.•
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PURCHASE AGREEMENT
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"hf; �'.�r;.aase,S9remert _ i 7S r_�,,' 19 NOT suh�ect to a�on6Rgency Adde�c�im� ;or sale oi Bu;�er's p°npeRy
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;li a�s.ae.r is 4S see attached RdGanUUm )
rff easwe: I5 IS RtOT, the GOSlrg of Buyers pi.,pe:ty rf any, iray >id! affect uu)+2r', ahr6ty [o ubt2in tmaRC:n«, ,f lnanr.c�c
5 3pCii�2�iE: ;
i�;s awc:rase Auraactet L_' (S �(S NOr s..bisct :o ca�ncsllatten or a p�aviausly e,�ntten ��i.�chase sa=_ea��nt
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�,. �„r.;,;oer �; �.;. s:tin can �llaUcil sl be �o;ainad no ater tnan..._� . - ��
.,.r.� �;ancel�atron is nof optained �y s�i� aat9 t5ss PurohaseAp;eem car,;;e6ed. buper and Se��ei >na�i ia�rncdia'viy
s�•rn a::nr;rc�L`�tr.on ot F'tuchase AU�'ean7arrt confirming said oancsuatton 'nd airer,ting al! ea:r�st rrinr.�:}� naia
'.eio�,:naerfio nrretw7ds•d 1� Biryar.l
Huye: ras Us°_r �ttiade aw'ara ofi the avaira�,4ry of ora�rtv uiepscanns Bayer _�i E.lec,ks �Decifnes [n have �
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-�r,per,y inspec*io� perronned �at 3uy�rs exuense.
� h�s �uscl��se A�reamern �� IS `7� tS NOT suhjor,t m a�� a2sper,bc�n Gcntrrgency Adclandun�.
=- _rt:r�k Gne.;_
(�{ a;;sv�ECr �s 75, �ee a'taohed AU4ier�durn �
DcEuIS�fARK-'1'kflLE T1T4�E: 41poo penori�ance c�a �o-ya:. Selle ;,r,aL dellues a
'`^� g���� � g,, fi
u:a`�ahi<;rlc:�„u� e-, � OtY�er: �ro�� W ���� Deed �fl�ned tn by �Pc?use �.`any 'onvey��i7e
_ Nf�rrar:ry L�eed nr .
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�a) bcucm,g .;c_ zaiing !�ws, ord:n��ces, ana �iate :i;i^ isderal r��ufaiions;
:u� : es±�i�.;4ions �ei�rng tQ i.se or :mpraveme�f �i Ihc prope!�y .+.ntl �out eitecttve forfeiture �a�ov�sions;
. ,�: ��aurn ,r any m�n�ral nyh:s :;y rhe Siate cP iV�nnesata
,:�� ��nh�y ur�,s ar�c�aac eas�merrs vrhich dc nc: u.[erfere w;th exie:i�g imProvementa
, �; nqnCs or �enams as to4Sows (unfess specii+ec! nat siili}ect ro ter�aa�cis)�. _ --�-_._,. --.- , --, - —.
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, , ,ti�ar� (�,u��s? be specl5¢c4 in �mrntin9S -__
.�[I.l- `r�&':� l;:�J f,;'� 111C O0{P Jf C;OS1Rq 2�1 tc24 BS:di:; iZfP G� F 3i�i1 S1�Vir�i? Itt dil ld1Y)! UFHiS 1!lCl!1Q�i,y d�l pP.ttn:ii^:.5 �;lC:
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-' �� 3(IYER SNAi_L PAY _� SELLER SHALL PAY or, data oi clesing an}� de*e^'ed r=ai es;a'e tar.as !e g�::et;;
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' ��:,s c� suLCal assesan:eirts ��ayrnen:ofUahic.n is ieqvuea as a reSWf c�fi fhe ^_losing ot this sale
. __I RLiYNR AND SELLEft SHALL PR6RATE AS OP THF DkTE C1F CLOSING�SELCcR SHF,LL P+\Y �JN
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;�A: G= Ci.OS3NG all ;nsca;ifnen:s n� ��eca: assess^�en� c��if;ea ior payr, w:�n the ��al es <<e tsr.es ^.�= an7
, : y�b�e m `nr qabr o=cics��g
"� ��_�, BUYER SHALLASSUM�� SELLEk SHA�L P.4Y on �1ata oi e:osing al� o; �2: saeasl 2osws�n�_�� �;a�nec �_
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- �� C��n Sl-SALL ASSUME St �R �HALL PRO\I�J�_ DP PRY�_tai Or sue;ia� aas�s�nr-�cs :,=-a���c �s
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PURCHASE AGREEtVlENT
8� Address � � 5l
�5 Page3�Uate __' ��r_ --`
:t:i As of tne daic of this Purchase Agreemem Selier represe���s that Seller � HAS ❑ HAS NoT 2cerve6 a notice
-- - � - (Check one.)---
,' reGardina any nevv improvemenf pro�ect Prom any assessing authod�ias. the costs of vdhich pro�zct may t�e assessea
'�° against ihe property Any such nc:ice received by Seiler after the daie of this Purchase Agreement and beinre closir,g
S�. s�sall be pravitlzd ro BuYer immediateiy If such notice is issueci afier �he dufe of <.his Purchase Rgreemer,t and cn
90 ot Uefore the da?e of ciosing, fhen the paiiies may agree in wnfing, on cr 6efore the d2te af clesina, tc oay nrovide
�1 for the payment of or assume the speciaf assessments. In the a6sence of sach agrsemenk either party may dec!are
9?. tMs ?urchase ,4grezment cancaled ny wr�tten notice te J7e otner ;,ady. or Iicensee representino o- assisting the oth=r
:? u:�r[y !n v✓hir.n case this Purchase Agreement is canceled if either party dedaras tnis Purchase Aqreement cancele�,
9�+ 9uyer and Seller snall immefliately sign a G<mcellatron ef Purchas< Agreement r.onsmnng sa�d canoellacio� aad
�5, avectinc ail °arrzst money paid hereuntler to 6e :e;unded to Buyer
��E ouyer shaD pay�PRORATE� D FROM DAY OF CL�53NG __,_ 72ths OF �; ALL :_; NQ rea� estate taxes due
F —"_
i7 �i�id G�y�ble in lhe y.,ar._�,U
d8. Selier shal! pay �i PRORATEP TO OAY OF CLOSiNG [,� ,_ __, 12fhs OF ❑ ALL�] NO reai estaYe taxes due anc
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y9 Rayabie in [he year ,�� . If tha ciosmg date is changotl, the real estate taxes pa�d snaN, if prorated, be adjustea
�00. to tne r.ew aosing tlate. Sellerw2rrans texes due and payable m[he yezr`�� � sna!i be � FUL!-� PART- ,�NON-
_"""'_'._..(Check ene 1 _'""_�"
� 0 i homestead classificatlon.
; 02 It part- or z�on-homesTead Gassification is chacked, Se�lar a�i ees ±o pay �uyer af c4osinc $`___ .__
'�03 iowa:d the non�homesteatl real estate tar.es, 9i��yer agrees 'to pay any rema:nin7 6alance oi non-hoirtestead taxes
?04 wnen they become due antl payable. Buyre; shaU oay real esfa[e taxes due and payab�e in the year fol)ovdi�g ciosna
' 05 arid thereafier 'he payment of whicn is not otnenNise herein prowded No rep�esen:a[ions are maae conc¢mma the
06. z{noant of subsepuent real esiate Yaxes.
07 POSSESSiOF�:°elkershalide'tivarposs�ssiono42neproperrynoVsterlh2n_____ __ arterao;ing
:08 Au uireres.; �mr� owners' assomat�on duas; rents; ana charges for afy eaater, aty sewer, electriciry ana na[ural gas snaii
t09 be prorated hztween the parties as o; tlate of closing. Buyer shafl pau Seiler for remai�ino g3llons ni f�el o�i or hatiiri
' i9 ?eiroleum gas on the day of closing, af the rate a.".he ast iill hy Seller S2iier agrees to remove ALL �EBRiS AND
'�? 1 i,LL FERSONA� PROPERTY N07 INCLODED HERcIiJ ;rom ihe properiy by possession date.
, c TITLE AND EXAMINATION: Witnin a reasonable fime petiod after Rna� Acceptance of this Purohase,4ar�ement. Seller
115 shatl provide one of the following �itle evidence opt�ons at Selier's selection, wh�ch shall indutle proper searches
:1� :aver�ng bankrupfcizs, sate and iederal ludgments ana liens, and levied snd oentling special assessments co Buyer
;15 or 9uyer's desionated title serv�ce provider
�.., (1) k commitment ior an owner's paicy of ;dle insurance on a curren� ALTA *orm Jssuetl by ar, �nsu�er lice�sod
'� ; 7 to wnfe cit�e lnsurance m M�nnESOta zs se{E�yed by Buyer. Selle; shali be responsib�e for the :itle searcn and
"r8 _xam coscs related to the commitment Buyer shall be responsiSle for sll adddionai cos�s ;elated to rhe ��ssuan�e
','9. os che ade insurancz n�iicy(ies) mcluding b�t noc hmdeC to the premi�m(s), Buye�s name szaten ar�a ma!
20 9rawi�g, r any Seller sha!: surrender a cony or any owrer s htle �nsurance policy ano Abstraa ot i�iJe �f m
'�2 i Selisr's possassion or centrol, far ;his property to 9uyer or �uyer s designated �:�e ;ennce provi��r.
t22 (2) An Absvac' o� 7itle cerzif!ed to date rt Abstrac! Propeay or a P.2gis?ered Proper.y AUSeaa (RPF) cerhhec tc
�23 �-ate a Registzr=d (Torre�sl property. Seller a�21i pay �nr the aostractinc or RPA costs ar,d sur:ence; a.^.y
17_!. absc�ac ior th�s proaerty m Seile� s passes;ic�� o! ;rm:o: a Buqer o; 5uyer's u=_slor.aie� •�ii2 sev,ce p
_„ �,` oreper,y i= ACs±raet ana Se}ler does not naw_ a,: Abscract oi' itla, Gp;ion {t� �vii� eumrr:atical;y apal�.
._�. o_�,�er ;na;� �.se S�iler's besi effoCS tc orov�de n�ark2[ab!2 o�e b��� th= aa.e oT a�sing_ in !he eve.�s SeP�* �as not
'�2� nrovioaa �r.a��=_taete :itla by the a_ce o; clo;i�g, Seiler shall h2ve an aatlifsonal 30 days to maka n:i� rr'�ad<e[aB�e, cr �,n
2° :nc a� _.,�au�a �;:yer may �vame tr:le de'e� s by wric;en notics te SeliAr. !n zcds`:icr. -o t7e "s9-aa� =x;e�stcn. :uyer
_"a �., a_. e�, :n�y op ,r,u!i:a: agrea[nenc i�a1e; exandt!�.e ct�s�.^,9 da e_ Lac.mg sucr er!erstor.. __�[:•e� cG'y" me, a�.t2:2
.; this ��..�c;; ase Aareeme�� caneeled 'u �rs;f�n noi�c� 50
y� rh� ocne� c2r:y. or license= :a��esen:ino r z->sr>;:ng ;re orhr
�., _, :r �,r .. .,�" :nis ?�.;r�n2se Ag:ezm=_r.[ iS o�-ce�ec I: e�t5er �ar:y dec,zres t^:s �ur: �zse :;cre2r�=n: c�, ,._.c..
:52 B�qe ; �euer�shaf� ir,�meoiztety sigr a Concc-tlehon ci r�u;chase �g�esmer,t cor,fi: saic �acetiat.o:i�ana
..5 direcrra a;�� �a�r�s: mceey peic nereunder;o �e ref�noeC :o Buqer
i� � a.-3 r^o�G3;
-..�__�..�v.�,��pFOrxWnY-�'�ogr ;60?C'nt�zn;L�l.4<z:::aaar'd�:moan<L02G ._;,. ..
lo ��
PU{ZCHqSE AGREEMENT
�3�. Pa9ed ,
,SS Si1BD7V1StON OF LAN�: ti th�a sale censtitutes or requirss a subdivis�on of lantl ovJned by Seller, Sell2r shal( pay
'�35 a'd subdiviston expenses and o6tain ali necessary govemm=niai ep�revais. Selizr v��arrants tnat :I�e iegal tiescr�pucn
� 37 oi tne real propCr[y to be c�rveyed has been or shall bE aoproved for recordiqg as ci the date of clos�ng S�Iler warrancs
38 ih21 tho bu:lq�nqs are or sheN 6e r.onstruotea en�rely within ihe bcundary I�nes of Yhe proper,y Sel{ee warrants chat
��� there is a nght �f access to [he proper[y rro,m a pub�ic right-of-way. �nese vdarranties shail survive ihe dehveiy oi ,ne
'40 deea nrrontract foc tleea_
'41 Se!ler Niarrants thai pnor co the closing, paymant in ��II will have been made for all labor, materials, .roachinery iir.tures
- ti2 or toois iurnished wdhin tl�e 920 days immediacely prscetlmg the dosmg in ccnnecfion wiEh consirucnon. alierzbon or
;43 iepair �f ai�y stuc:ure on or irArovement to, ihe property.
�4q, Se�le� chat Se;ler has not received any notice from any aovemmenta' aufhoriry as to cendeinnaiion proceedinqs
':d5 or oiolanon of any law, ordinance or regulation If ihe prooerty Is suo�ect fo restnc'ttve eovenants. Se�ler wa« ants cha:
�46 S=_Iler has no; recAived any notice from bny person or authoriiy as to a Gre2c� of ihe coven2nts. Any such nouces
�n; ieceiwd by Seller shafl be provided co 6uyer immediately
�4E Selter acres to allo�,� reasonaole access to tne croperty for performance o� any surveys or i7sceciions agreed :o
14�J herem
� GO RlSK CF LOSS: if the=e is any loss or damagc !o the propeny t�etween fhe date hereoi and the dats of ciosir,g ior any
.Si reasor�, inciudmg fire, vandausm, flood, earthquake or ac� of God, tha nsk of loss sbaif b= on Sel{2r �f the prou�rty
'� 52 is des�reyed o: >ubstantially damaaed before fhe dos;ng date, tivs Purcnase Agrcemcnt is cancelet, at Buye,r', ootien.
.,3 :;y w,i*ten nohce to Se�l°r or I�censee represeMing or assisnng Sel;e�'- Ifi BUyer cancels this Pu:cl;ase Agreemem
54 6�.i�rei and Seller snali immediately sign a Cancellafion oi Purchase Agreement r,ontnmina said canceliation znd
55, direchng ail earnest mor,ey pa�d nereunder m be re�unded to Buyer.
.56 TltilfE OF ESSENCE: T�sne �s or the essence �n thts f�urchase Agreement.
•5i cNT1RE A6REcMEN7: T^is Purchase kgrezment. anV a,tached exhibits and any addenaa or amendm=nts s�aned
� 58 oy ihe paiTios shall cons�cute the enhre aareement hetween Seiler and Buyer and supe�sedzs any other written or
�So o;al agr2emenfs between Seller and Buver. This Purchase Agreemert can be modried or cance!ed only �n writina
'P,0 >iqned by Seller ano Buyer o� by operation of law. AII mone?ary curos are dee�ned to be United 5taces c�rrzncy ror
'�51. purposes of2his Purchase P.greemeni Buyer or Seller niay be raquired to oay cerzain closmg cosis, evhich may effeefively
�fi2 increase `.he r,as" outlay a? cles�ng or raduce the proceeds fro�r� the sale.
�e3 FINAL ACCEP7ANCE: To 6e pinding. this Purchase Agreement must be fully er.eouted py borh pa�ies ano a wpy
G4 must ae deliveled
,c5 GAiCULATION OF DAYS: Any calculation of days begins on .he nrst aay (caiendar or Business Dsys as specifie�+j
'6G, iollowtng the occurrence nf 4he event soepfsd and i�c)udes subsequent days {calendar or Busiaess Days as snecrf�ed)
'S7 endn�g �[ 11 5° P An on the las: day
��8 BUS(�lESS OAYS: "BusL�ess Days" are Cays which a;e not Sacurdays, Sundays or state or !ederel nolidays urdess
�6S stated elsawnere oy ihe padles :n writing.
',70.OEFAULT: II Buver cefzu?ts �n ary cf tne agreem=n?s hereuneer. Seller may i°rmmate this Purchase Agreemen;
�7".under {ne provisions ofi MN Slatute 539 21 I` eiiher Buyer or Sel!er aeiaults in arrv oi the agreements her2uncer or
- 2;here =xists sr, JefulilllEd ccndinon a°er the tlate specified tar fulfiliment, eifne� party �nsy caitce� JS,s ?u �hase
;73 Agrea�rem under :v1N Siatute 559217, SuLd. 3 iNheneve� i; is prov�deU herein Ui�t this ?urch�se P.areemzn: ;s
?� c�nceled, sa�a language snaf{ be deenea a p;ovis+or. aufhonzir�g a^uectarac❑ry Caccellation under ;Niy S:at:i[e 559 217,
.-5 Subd �..
-„ , r.`�.�s P�ircnase ASreero=_n[ is nc± �anceiec or term;naied as ;,. hereunde 5uysr or Seller ma, seak ac*�a
' cama.�es `cr nreacn cr tb°s F!rcnese ;gre�7an', c� soec,fic �-ro�:nance o{ ;hs ?wchase f;g�e�r*��2n;; ar.3, zs to
' ao�^"r;c r;ei'.;:rrience. sacn action mu�t �e commenced w�:nin s�x monfhs ahe such right �i ao��on anses
%9 ;dOTiCc R=_GARDiNG ?REDATORY �FEEN3cR t^iFORMATION: informattcn regarding tMe p;eda_ov ofieader
30 ;aaiscry and aersons reg�sfe;ea varth ttie oreda!ory offer.tler rag75.ry under PJIN Statufe 243.?6o may oe obametl
,.,: cy contacfing YF.e locaf Eaw enforcemen, offices in the commu;:ify �.vhere the property is to�ace� or cne ilirnesoK
'02 D_parmer,t �; Cerreccions a`. (c51; 361-720Q or f:om the DeQartment of Corrections �+✓e� si.e =__
"3.', �^n^rvt.carrs*� �.mn.us_
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PU�CHI�SE AGREEIV#E[v7
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�if, ::�VIRONMENTALC6WCEP,NS:'� �he'.>est ot 4��k�rs knam�;edae :here e,:e �ia tiazar�ous sut�s;ar,ces cr un;;Hra,o,:nn
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'98 Si=LLcF° �:�'��RRAt�TS TFIli7 THE ?20�ER?�Y �� c DiP,EC?'�Y pR IYQBfRFCf'. Y CONSJECT�C -O
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'"J 9U6SUF:FACGScWAGETREAF�NcNTSYSTEM
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,`�'�i�h:::�*�l''i ��S T�'-lAT SEI t FS' ' D(�ES �; D6ES NOT' Y.IVO`J�/ C7Fl� SU35UI�FAGE ScVt'A(:rr .,E-�t7h;�LiJ i
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,_ ..., � E���' nIJ uN. `.�.E�b'!!4G THE ?RO?'EF2TY i�f ar,sw2r i> ��ES, anr. tae svsfem aoes noi requ��e v s;ate ne:in�t
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„- ;?::IVl�,ic sJ�LL
?OF 5t_!..�ri �%;R�IrI'c5 TN4T SELLt=P. ._1 DOES� DOES NOT KNOi1V Of- A V1�Li. UN OR ScR'Ilhtc '' ._
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°4c F'-IIt'�;=�"Y ;4,` ansm�e� +s D9ES un9 �vsG ,:�cat�d on ll1e pr�ndRy. .�ao INe'i Jrsorosut� J�,�t^n�ent j
�'J7 7f�1> PU2�HASC A3RGEMEN7I I!5 IS NL�T S�'BJECT f�0 F� ,Si1rSUF'.�AGE SPVt!nGi: "'r'FJ:-iv'rr� : ,'vti�cni� '
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.. ,";;�,^- :/c�! ;:�!S,"._C: ��lON CC�N�flN6cN.^,YAIJIJ�tVGI:f✓7. ��f flnswe; '�s IS, seu at1�cY�ed Addelvoum,` ,
.� IF A�Nt �I. 7R SUBSURFACc SE'NA�E TRtA'iMEf�1T SYSTEM EXtSTS ON Tf{E Pf20PER7Y, 6JYER HAS
�. . E��CiVEC F VVcLL DISCLUSURE STATF_MENT ANDIOR 4 SUESiIRFACE SEWRG� �fREATi1qENT SYS7"rfA
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T ,3��'iC�DOESNOT�F.TiSPfivri�tdESGTS,STATUTO�;'AGcNCYG
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PtJRGHASE AGREEft�ENT
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vJ 6tJYE� NA5 7HL RIGHT TQ A WALK-THRQl76H REViENl OF irfE PROPER7Y 4�REOR TO CLOSIIVC? 7'O �
�- =S7ASl_iSIT YHAT TE�iE PROPER7Y tS IN SUBSTANTIAILY THF SAN7E GONC7IT(ON AS OF ;HE CJI�7E OP ,
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. , . __v_Li< £ � )fSC'� US±iRc AL 1""c'HiJ,41'lvcS F0�I1� ,
�?s& 8l7YER HA5 RECEIVED THE IN9PECTlON REPORT�, IF P.EQtJ1RED 6Y MUNfC7PAi�fTY. SF_LLFE: AGtZE�S TFJ
�,_.� tilO71F" r3UYcR 1MME61A7ELY tN WRITING C7F P,NY SUSSTAN7IVE CHkNGES FROM AndY PRIOfi
'30 f?FPRrSE'.VTATIRf�F3 REGARD[NG THE PR�PG3�TY
.. �,i� 71�*� cV�t�' SUYFF' ;`�ND Si-�!_EF' �iAl'F F_LECTcG "v^JAIV; R i1t-,. f NE „r�:-:,' � DiSC;. CiSUk=A±Tr`_ i;b� "..,
,,.._ -,. :"'�. fl±f3'I :iU NCiT !?OMPLE i � LI?lE,'�., 7.:i3-Z3�'
..,, ..;i=_°, ACit�d;J'�iJi.EC3ES Tti,47 ,SCi CRAL i1FRR��EN�f£ Hf�.VE i3:;�id iv1AD� ."'','�_-"�d�+F.DIP ='O:iS.�_v
?: i'i;O�i' �-MS O� �NA7=R IN B.4ScMGIV1' C�F'- Dr�ft/IA3t CR�'JS�L� EY 4NATE R irE C�R ICE GULDC= ;ifti i^. a0- ;.
.,,.. t^�'E f'�.li;'�R�jv , b;p i3J`?ER R'l;�S SUI_ciY '�N T6?F.T ncri.��.Ci ON �ti� rOi_Lt.>`/�iIN�-; ;ir �,
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, :iE� DiJAL AGENCY R�PRESHNTA7iON
" -^ P�k:F.Sc CH�CK ONE OP THE FOLL6WING S�(.cGlTQNSt � �
�, 4`�,m Fwc�ency iapra<entaYinn fJOES tJOFapti;y nr tr� �� ;ransac:nr �o �ra! r,om;.Nate t:nas'<42-.]aF �
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__ , al =.;�ercr i�p:�eertal+nn DO�S npnlv in this tr�ns�cnnn ��;�r,�rete llre .�sr:k�sUri� �n l.nns:i43-� °5r, I
.. -i�..u�e: �anre=ro:s bod :t��r S=_!9:r ,) ana t;�: 3�.r;er(s� crr the ; �anar:�,� volv;ao in 5,,.: ±ransaeec^ .;vr.��::�i ,.caa;s -. �
�, �„
_= d�iai age 'Eins rc;�=,��_ �hal Brokera�d ce s�lesnc�ons o�Ne.iaar � iy dirties ;o oot� Salle�ts� ard E.t)'rrjs 3eco.:se � '
. �:nies maq nmie co'�ii mr rnrere:s?s, Brpko� Una �Ys,ales�_rs�as a[e proniLitac from aovocct;np axG..isi��� `�:�� �I .
. _ � �^r ;;.�m,� �`trokar car s„ -=s a d�ua ajent r, :his rran� ,. tion ��aitno�.At �he :onsen� of bct�i "eiler�s} �t.., ,.,u«� ,
_= � �,;r.s> �r�a E;�ave;(s} ackncw�edg .=hat
?--£ ,'i; cor.i;U::ntis ir„pnnation corlmd ��a1en t0 ��+ Ker �,ti�hrch rega;ds ?nce, te;ms_ ^; notiv3'�on m u•.iy e� �al' .�nl
,., �.�mux� c�,.`.icea;ia� imlass S� rn..yerfst ;nscr�,�uts 3icke� in �+r.ihng to dtsciosc this mror Gt�:°r �
�„ .il Ah51� 5G• 9;�3f(;!�; -
_i' ,, 5rr„e� znc ds sa!espersons a�ddl n�. repYess ;he inceresi o* a,the: ra[iy to Cte dgtr�ment o; ihc ���?r, a��' '
, � .�.. .�� � U;e 4n .^.< <3� du2. :�5e� }, �rr�Icei ar.d it, lesoersnns �;.,.� �.otk rul�pcntry to `.acrrtacc +r;e r.,.,,. ..,.,-.. , .
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PURCHASE AGREEMENT
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299 Aedress --_2ao.�.J���+s+2 ra �..� ,
26t� Page 7 �ete " _.,.. - — -- ---
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�55. Oi�:er addei�da may o� attach°U tivh�ch are m. a park sf tius �urc;iose A�r2er,ient (En±er taa; numUer af pa;;.�s or
'66 th s Yurcnas� Hgreemer,E. mcluc4lno adden�a. �n {ise cv.�� (g) uf pa9e on� (1y �
i6% ..'��: mura� bf±hF G%rooemr, accept thte Purchase e,Jiee �o uurchase cAe �ro�:eny f�: [!��e pnc,e and un
%i�2 ngre��.nen' �ni auine�7ze the Ns4snc} broKerttl w�?hdss+u lna re�m� nnd coadthuns set torth ebovs
IS5 ,a:c arr,ae:�v rro.r. the ma:ket uni6�5 ins=.rulHaa i have reviswad ail pages of kh�5 Pi�rchase
._, _ .,th2rnase :r; a�irinn ?.greemsnt
., i npva. reviewed a11 ;aages af fhfs Purchase Agresmenl.
�,. li :;necKad ih�s 4�ur'cFtase Agreement is suoject fa
. -,., atraot�eu CounearaPterAddendum.
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; � r-ir3n•_acc��?nn�cennTE , _
_, 'HIS IS A LEGALLY BINDIN6 CONTRACT BETWEEN EUYER{S} AND SELLrP,(5. ,
:4% :� YOU OESIRE LEGAL OR TAX AUVICE. CONSULT',�N APPROPRik� PROPESSiGNAL. .
^ i ACtQ�O'�NL��GE THAT V tiAVE ftECGtVE�7 A1VD HAVE HA� THc OPPORTUNiTY TO REVEEYd TrE ARS(i .5'kTlOf�
' -'- �.'SCLCSJRE �ND RESiDENT1A! REAL PROPc'RTY ARB!'RA7FON AGREcNtcN7. VdHEC'i ,S '-1N O?'.'iG'�A(_ .
; V�:;��'NTAR!' AGRcEfJlENT AND IS N�? P.ART OF TriIS PiJP.CHASE AGRE�MENT- �` -
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SUYER PURCHASING "AS iS" ADDENDUIVi
pns forro approw_tl by �iie INmnocoa Associanon ot REP.LIGRS�,
vuhic�h cisrlalms any bantlity arising out of use nr misuso a; mu^ form
� 2U051Ninnesota Hssoc�ziion �P REALTORa Ed7o3 MIJ
1 Dac2 �� °
'L Page �---_----
' Adocndum io Pu: chase Agre=men� between par±72s, dated ___ Q!� � _, _,. _ a�rtamm9
� .c ;he �urcnase znd sale of khe propetty SY i �.__ ^ � J?'� � l�- U�
�
5 DISCiOSURE REQt11RED: Under ;vlmnasota law, Sellers oi r�siaenrial properV, except by warver or �N�*G limifec
-. ar,ceptions, are ob;igafeci to diselose to �rospective Suyers ali maienal iacts of which Seller is aware thar r,oula aav=rsery
'o and signifcaatly affect an ordinary Buyer's use or en�oymeM or the oropetty or any mtenaed use of �he oroperty or
? vomrh Se6er �s aware. Such a discresur2 is not a warranty or a goarantoe of any kind by SeS1er or lic�osee reor¢seniii�g
,, orasssrinc any partv:n the transachon. Seller agrees to noti'ry 6oyer immettiafery in wn2ing of any sunsY2ntive changes
17 Gom any pi�oi represen'ahons regarBmg the oro�edy
2 (GheCl< anu�opnate aox.)
3 ;� 5uver nas received and had an ooportunity Co feview inc^, Seller s Propei7y D�scloso�s Stalemeni,
q or
5 i� Buyer has received and haa an opportuniry to review ihe Sellor's Orsclosm�s AltemaLves form
i6. C0t34(TION OF PROPER7Y: The propetty being pwchaseo by 6uyei, irtcluding Che aw=lhng, otnet �rr,provements
17 and 5xfures, is noi new and is being purohased "AS IS"
r8 B�,qer unaei sfands inat �,he property, as deimed above, wsll be purcnas=d ir, fhe cond�Eion it Is m at the �lme of P��rcttase
'9 AgrFernent Buyer shall have 1he nglat to a vdaik-through review of ihe property urior to c:osiny f o the exten? there
°0 rs a marenal chanc�e ln the condibon of th° �ropeRy ansing between the date o! ihe Purchase Agreemar[ and �`h6
_ 1 cic;:ng date, SeIIGr snall be reswonsihle for restoring ;he property to substaniially tn2 same cendition it was �n on che
"2 r'ate ni kne Purchase AgrEement, exCept [hat Selle� shal! havc NO 08LIGATtON OR RESPOhtSIBILITY to rc-oair or
„ �apl�cc �nrra� �u-condiUOning, hea4ing, plemb�ng (incluQ�ng subsurface s�wage ireafinent sysiams .nSess utharv�ise
. rzqu�r�q by law), ��n,-u,g systems or viells on the property d they iail beRV2en the da[e of Purchase Aryreer,�=nt ard ihe
25 dato of closing This provision voids line� 22D-222 of the. Purr,hase Ac�[eel'nent.
26 RlSK OP LO55: TYie n�sk of Loss prowsron in the Purchase Agreement �s moarti�d as follows. If there is any loss
27 or damage cc the property Uetween ehe daee of Purchase Aaseemeni and tne daze af cios+ng for any ;e2sen, :nciva:na ;ae,
?a •.ar�daiism, ilccd earthquake or act o? God, the nsk of ioss shali oe on Seller =xcept that Seller shall have NO
L9 OBLiGAT(ON OR RcSPONSIBiLITY :o repair oi repizce central air-coi:diti�ning, heafing, plumbing Qncluping s�l�sur,=�ce
;., seevage freatmenY systams, uniess ofierwiso required by lav✓) wiring systems or welis on ihe propeRy r.hey fzil batv�een
_ �h2 �o:e o7 Furohase Agre=m=r,� and ttre da:e a� cos�ng, li :he or.^.perty is des;royed or suos[antially damagea Getcre
.2 ;he c�osing dacs, tn�s � urenase Agreement is cancelea, at Suyets opYion. by wnrten net�ce io Selfer o; I,�ensee
_ re,rzsen�:na o; asssung Setler I; Buve; cancels tnis ?urchase F,ar�ement Buy=r antl Sell=r snall :mm2c!ateiy sio�;
_- r� Cni^; eUatro�+ o' �;uchaso Ao.2emeqr conf�rming said canc2Panon and direcung aI; eames� money paid hereunaar
S �., ..� .`und=a rc 9u;�=_r.
�J R!GriT OF ;NSPECTION: 3uyer sh>fl ;.ave �a r�ght ,c �nspact the p�-o;em- or tc nave tt ;•;spectea ay a p=_rson oi
.,- ouyer s C��oice, U� 3cyers er.p=r.se
:8 THiS t5 A LEGALLY SiN61NG COTSTRL`,CT SE"`1d��N BUYER(5} AF�D S�± L�Rj51.
.. ;� YOU 6ESIRE C.EGA� OR FAX ADVIGc, CONSiiLT AN APFROpRiATE FRO?ESS!ONAL_
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�o_u;.=.c �u�n L�aFa.rS b; b�LOCO '.�LtS FiAren K� e Rosa, �rasel is c:9w+ACC25 . �-ti anl�r-+s w�n
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BUYER PURCHASING "AS fS" 1��DEi3DUf�1
4� t�age ����__ —._'_— -�
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� Sc�i'TI�Fia'iEidT RS i�lNAL_ !t �s Uncersmcr; LSat Eu�e� aecacis t`�z �irooerCy "A5 i5 ":1VY JVkF?P.Ati fIFS C7° PHYSIGAL
-� CON[71TION G?" Ti�'c PROP_RTl' CONTP.Ii!ED !N s+11S �Uh'C}i!�S� AC�itEEiJl41ti'7 INC�UDIIVG [i1J'� iJG�" ! IaJ�'l �L
.d �7, ;,:�N?�'.Af. AIR-CON�lTIO?JING. HcAllllF,, P! UMB7NG V�",R1^JG, ANi) CUNNEL,7i0N ib CI?"'r �_1n/�R, i=,lv'D
>5 C�TI` 4ti'«T�R FRS VOID Tfiis provis+aa snall surv=ve ael.very o� tnu r,'eed or cantraet for deacJ HU �:her v.ar�anc_s
5 ��uec�r;za Fn ihe Pur�^,ase Agreement ramai� 1ne eame
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_ `�f5 1S A LEGALC9 nP.9D}�yG C�iITR.�C7 3�iVJEE� BUYER(Sl At19 SELI°_k(S•. '
. �- "�L. DESfRE L..-'.GAL OF2 T:.X fi➢VIC° CONSU�7 k� A�PROPRIHTE PROPcSSIONAL '
n
1t%�.'��
"�1ldeuduna loPurchase.lr�eemenl.
� � i ,,
�>�«_�_ � _ _
�>��� -- 1 ` -- -
,idce�urum io purchase rrret�.�ze�t dat�d =<f� !2�10 ._- r eiiaa�xulg to tbc pt;ceh.�se
a;acl sa;� oi prapefty at _>00 �hazbLUnP Avenu�
� Sa[e :s ec�:,tiu�eat upon City ot St, Patit approvin� a resa[ution ta
r pa��rern�deI tl�e �uilaing.
� ��3e �s cozzti�gent u�cru CiY}� oi St. Paul ;ss�un; buiLding permits fo= tile
: epai*iremocicl �; the buildin; as a six (eijurx�i apartment �uilr?in;�.
Ccntraa B:�us �ha(( appoiut Renovatiofi, :;:c. as fne receiver oi tkl� propc,� ;r
ox.��e ti�z S)Yex�i; sale has haen }�eld.
�- C`eatz�il s�a�ilc wil3 ��p�oce statzin� t,onstrucrio� �inec ti�e rcceit=er.�as b�a p�:�
in plaee and wiIl coopzraYe �z�itl� Kenovatioz!, I�ic. in t2ac repa�i:irerr_od�:ii, ,> �>{'
I;ie bui:ding.
� C1os;ng will occur w�t[�in 3{l da�=s after cleartitIe has t�»eta achie�ccd h}�
Cei31*.'al San1c.
r� Purchase przce shaJi be����lollaxs plus any
5
'.:o,isrrnciiQn reJ.a�nd cc�,ts paTtl i>y Cez�G•al E��ul: di�rir�a tt�e redemnpcan peciod
�i j ! t
�� � �
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��r�, �..�., �
_�ate__ 1� jp _
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Bu;%er
, �(�((�
�a*;:
NOTICE OF MORTGAGE
FOAECLOSVRESALE
Da4: Mach 8, 20ID
YOU ARE HEI2EBY NO"lIF9ED THAT.
1. A defaul[La¢ occurred in [he condltlons of
that cevtatn moi�ay.p aasig�mmt ot)eases avd
rents. eecuAty agecmmt and &�anMg stafe-
ment executed by Palma Managemmf. �,[,�, a
Minnesota llmf4d LabLlty comPanY. ae Mongas-
r, } favor oF 31ack Santls, inc., a Minnesota
mxporatlon, as Nottgagee, tlatW Ju�y 10 2008.
and recordeA on July 11.2008, as Docume¢t No
41062)8, as assigned [o MaviatreeL 8ank, a
Muu�uota bzntctvg co�pomtton, by that rerfau�
uslgvoent of mortgage dated July 30. 2008.
az�tl recortletl vn duly 1L.2008. as Document No.
41062'I9, as subsequcnlly aes5gned w Cenual
" Bavk, a Mtvnesota bavWn� rmzpomtlon, by [hat
c�scam recavers usigiment of note ana mon-
gage/deW of hvst tlaicd Javuary 8, 201o, and
2wrdW m Januaiy 12. 2010. as Documene rvo
a202444. aI] N Ne Otfice of the Couaty [iccortler
�a and for Rzmsey Coun[y, Mlnneso[u
(collectlrelY. "Martgage"1. Tlu land tlrsectbel tv'.
Ne Mortgage fs no[ r¢gatrred tazad
2. The onglnal p=ine(pa] amowt sccuretl by
the Moztgage was. 5289.fi01.00
3 Ho ac4on or pxocee.dNg at lar is
pendiny ta recover U�e Aebt seewed by ti�e Mort-
gage. or any part mereot
4. T1�e hoWer of ihe Mortgage nas mmpl]cd
WIh all contlitlo+vs precedenf to accelcmllon o(
the deb[ secure� by the Marigage zntl
fo:eclaswe of fl�e Mortgage antl all no4cc and
otk�¢ requlremrnis oi applicahle staba4s
s. n.s or u,� aax� or rt,u „on«, u,e amouni
on ue rnon�ve ts: S22z,iov.sa
� oue 6. Pursuant to the power of sele N�e Mort-
gage,ihe Mmigage shell be foceeiosed, an� the
laM locatetl a[ 500 Sherbwne Avenue. 5[ Pavl,
Nimceo.ta 55303, Property Tax ID Nos.
3&-29-29-23-026�, 36-29-2$-29-0094, and
, 36-29-23�23-0261. andlegaLLy descr@etl az fol-
bws:
Pazeel P The North ]2 feex of Wt l,
Btock 1, Micheia $u6divtsbn of SSOCY.
14. ot SHnsan s D1NSbn of Sectlw� 3E,
TownattlP 29. Rv�ge 23. Rameey Co�mty.
Mt[�nesota
4azee12: SnY i, �cept the North']2 Feet
thereof, Biock i, Mleheis Subdivistw� of
Hlook 34 of 3Hnson'e p/y�fan of Sectlm
36, Toumstllp 29. Range 29. Ramsey
Co++nty.Minneso4
� ff°P� ).
slialt be sold by the Sher�ft of Ramsey county,
Nilnneeota at pssolic uetton on Apxil 2g. 2010,
a[ 10:00 a.m , atthe Rameey CounrySheM's OF
�lce' 25 W 4th Street, Sutte I50. St Paul, MN
55102
"1. Tne tlme allowed by law fir redemptlon by
Moitga�or oz Mortgep,o/s puso�+al tepacsenea-
avec or eestgrs ie sm (67 monebs afta v�e aane of
sale
8 THE TIME ALIpWED BY LAW FOR RE-
DEMPIION BYTftE MORTGAGOR. THE MORT-
GaGOR'S PE[iSONAl EtEPRESENTATIVGS OR
PSSIG435. MAY HE A�DUCEp'N FIVE WEEXS
IF A JUDICIAL ORDEF IS E1vTERED ONDER
NilNN STAT.§582.032.DETERMINING.AMONG
OTHLR THINGS. THAT THE MORTGAGe➢
PR&TygES AR& 1MPAOVED W1TH A RESIDLN-
TIAL DWELI,ING OF LE55 THAN FIVG UNStS.
ARE NOT PROPERTY USED IN AGRICIILTIIRRL
PRODUCI]ON.ATDAREABAODONED.
9. The Mortgagor released from Hnantlal obll-
gaLon on Ihe Mor[gage Is: None
CEMRqL BlJVK
(a NuNmwta bazilm�3 coipo acmn}
By rts atw:nrys
Joshua D. Chrlshnsen, (t3326167
Nlcholas 0. Jepum. �tt32B8567 �
Anas�asf&ASSOC1a[es,pA
A[:omrvs fat Mcrfgagec
1499a 60:ti Street North
SllllwaMr, M� 55082
165p 439-2951
1415-F
(Marcn &15-2'b29-Ap�15-12)
—_�= Si PAUL LEGAL LEDGEA — ^__
22234996
�0�3��
�
STATE OF MINNESdTA
COIINTY OF RAMSEY
C enuai Bank.
a Miimesota banking corporation,
Plainfiff;
vs.
B1ack Sands, iiic., a
� Minnesota coiporafion,
TMR Real Estate, LLC,
i a Minnesota limited liability company,
� Secw�e Financial Solutions, Inc.,
1 a Minnesota corpocation,
Affinity Group, LLC, a Minnesota
� limited liability compaaly, and
' Falmer Management. LLC, a
� �innesota [imited liability company,
Defendants.
1D
CASE TYPE: CONTRACT/OTHER
DISTRICT COIIRT
SECOND JUDICIAL DISTRICT
Court Fiie No. 62-CV-10-2624
NOTICE OF MOTION AND MOTION
TO APPOINT R�CEIVER
'a D: I'HE A730VE-NAMBD DEFBNDANTS, BLACK SANDS� INC.,1300INGERSO?V' ROAD,
� P.DEN HIF LS MN 55112; TMR REAL ESTAT�, LLC 8555 DERBY COURT, EDEN
i'Rl�IRIE, ?vtiv� 55347; SECURE FINANCIAL SOLUTIONS, INC., 60 EMPIRE DRIVE,
SUITE 100, SAINT PAUL, MN; AFFINITY GROUP, LLC, 60 EMPIRE DRIVE, SUITE
! 00, SAINT PAUL, MN; AND PALMER MANAGEYIENT, LLC, 60 EMPIIZE DRIVE.
SLJITE 100, SATNT PAUL, MN:
I'L�ASE TAK� NOTICE that the above-namect Plaintiff, Central Bank, a Minnesota
banlcing corporation ("Lender"j, sha11 bring the motion detailed below on the 24`� day oi Iviay, 2010,
before the F?onorahle Dale B. Lindman, Judge of Ramsey County District Court, at tLe Ramsey
:,oun�v Com ]ocated at 15 West Kellogg Boulevard, Saint Paul, Minnesota 5�102 at 230
o.m.. or a; soon rbereafcer as counsel niay be heard_
�� centra� �
Bank � �-�'��
P.O Bae 225 Stillwater, Minnesofa 55082 Phone: (651) 43&3050
MORROW PARTNERS, INC.
P 0 BOX 836
LAKE ELMO MN 55042-0436
007 01 02 00103
i� �3t��
LOAN : �
AS OF: 02/19/10
LOnN TYPE:
PRINCIPAL BALANCE:
CURRENT RATE:
INTEREST THRU 02/21/10:
ONE DAY'S INTEREST:
* L 0 A N P A Y M E N T*
COMMERCIAL NATURITY DATE:
869,688.73 ORIGINAL LOAN DATE:
4.5000 CREDIT LIMIT:
2,408.44 INTEREST PAID 2010:
108.71 DATE OF LAST PAYMENT
LAST PAYMENT AMOONT:
PAGE 1
OS/01/10
07/li/02
2,000,000.00
5,260.94
02/10/10
17,120.85
DATE PAYMENT DUE: 03/O1/10
INTEREST DUE: 3,169.42
�x�+���**�+*��E��,E�++
TOTAL AMOUNT DUE: * 3,169.42 *
�+++��+�*+�+�+�,����+�
ADD ADDITIONAL LATE CHARGE OF 158.47 IF NO PAYMENT IS RECEIVED BY 03/11/10
** PLEASE RETURN THIS PORTION WITH YOUR PAYMENT **
� �
EOUaI Housing
le�dar
L 0 A N P A Y M F. N'r N n`r T r F
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Council File # 10-368
Green Sheet #k 3105216
RESOLUTION
F SAINT PAUL, MINNESOTA
Presented by
Resolution to Rescind Council File #09-898 which Placed a Stay on thelmplementalion of
Council Frle #08-772, an Order to Remove or Repair
500 Sherburne Avenue within I80 Days of Adoption of Kesolution
� WHEREAS, the Saint Paul City Council adopted Council File #08-772 on September 17, 2008 an
2 Order to Remove or Repair the buildings known as 500 Sherburne Avenue within 180 days; and
a WHEREAS, this grant of time to complete the rehabilitation of the building was premised on the owner
5 meeting a number of conditions, including the posting of a$5,000 performance deposit and the
6 following:
s 1) Fa�ade improvement shall be consistent with the plans outlined by Historic Saint Paul;
9 2) The ideal composition of the us�of this building is office space for the first floor, and two
to residential units upstairs. Notabl �the District Council will assist in securing signatures for the
t t necessary petition to change zoning, however, if this building is rehabilitated exclusively as
tz residential, the ideal number of units i four. In no case should there be more that six units
13 tOt21;
�a 3) A community space, such as a large scree ec
� s congregate without crearing loitering and n�
�5 4) Lighting fixtures shall be consistent with Hi:
t� 5) The parking lot/pario space in the rear of the
�s safety. Lighting should be screened to not p
patio space, shall be developed to allow tenants to
�ance behaviors;
�ric Saint Paul's plan;
�9 6) The garbage area shall be screened and locked (to p
20 7) Cameras shall be installed for security and records r
z� 500 Sherburne or the public right of way and street.
zz
23
24
2s
26
2�
2s
29
30
31
32
33
34
35
shall be properly and thoroughly lit for
light pollution nuisance for neighbors;
venUslow dumping problems);
a tamed for 30 days. Cameras may face
Che shall not be focused toward
neighboring property;
8) The first floor windows facing the neighboring Sherburne pr er�
line) shall be eliminated. That portion of the neighbor's fence i
building at 500 Sherburne shall be removed per agreement with f
the fence was constructed to diminish the nuisance impact of 500
and
9) If ventilation systems updated, the building shall not vent into ne:
(note 500 Sherburne on lot
�diately adjacentto the
neighbor, Lucie Passus, as
h"�rburne on that property;
WHEREAS, Palmer Management was unable to complete 50 percent of the project �hin the 180 days
granted by the City Council and the performance deposit was forfeited; and ��
WHEREAS, Council File #08-772 provides that failure to complete the rehabilitation
allotted time will result in the City abating the nuisance condition at the property; and
36 WHEREAS, Palmer Management, in partnership with Black Sands, presented a second proposal for
s� the rehabilitation of this building, and this proposal provided the requisite information attendant to a
3s request for time to complete a rehabilitation, and they also posted a$10,000 performance deposit; and
10-368
39
40
41
az
43
44
WHEREAS, based on this, the Council adopted Council File #09-848 which stayed the enfarcement of
C�'ouncil File #08-772 for 180 days in order that the property would be rehabilitated; and
on March 22, 2010 a legislative hearing was conducted to determine the progress with the
; and to develop a recommendation £or the Council as to whether an additional stay should
be
45
a6 WHEREAS, in he course of the hearing the following findings were made:
a�
as 1) The rehabih tion of this property has not been completed in the 180 days provided by the City
a9 Council;
50 2) A recent site vis by Department of Safety and Inspection (DSI) staff documented that
s� approximately 50 rcent of the work had been completed;
s2 3) The City's Legislati Code provides that a person intending to rehabilitate a nuisance or
ss dangerous structure ha both a grant of time from the City Council and post a performance
sa deposit (which may be ex nded for up to 6 months, if at least 50 percent of the work is
ss completed);
56 4) Central Bank of Centerville, t successor of the original lender, MainStreet Bank, is in the
s� process of foreclosing on the loa used far the rehabilitation;
ss 5) Central Bank is interested in comp ting the rehabilitation and retaining the 500 Sherburne
s9 Avenue as an asset;
60 6) Aeritage Preservation are very concern that the exterior rehabilitation to date has not been
6 t consistent with the historic character of building, as was required in the original grant of
e2 time by the City Council;
63 7) The process for addressing the nuisance cond �on at the building was initiated in the summer of
ea 2008, nearly two years ago;
�5 8) The DSI is looking for guidance from the City Co
e6 with the abatement of the nuisance condition at SOC
6� the demolition of the buildings; and
68 9) The DSI is also looking for guidance from the City
69 performance deposit should be forfeit to the City.
as to whether it should move forward
;rburne Avenue, which would include
as to whether the $10,000
�o
�t WHEREAS, the legislative hearing officer recommends that the City uncil 1) lift its stay on the
�z enforcement of Council File #08-772, thus allowing DSI to move forwar with demolition; and 2) the
�3 City retum the $10,000 performance bondldeposit; and
74
7s WHEREAS, legislative hearing staff provided notice on Mazch 24, 2010 to all kn n owners and
�6 interested parties of this forthcoming recommendation.
10-368
�� NOW, THEREFORE, BE IT RESOLVED, that the City Council lifts its stay in the implementation of
�s C uncil File #08-7'72, thus allowing DSI to move forward with demolition; and 2) directs that DSI
79 ret the $10,000 performance bond/deposit.
Adoption Certified by Counci] Secretary
B
Approved by Mayor: Date
�
�
Form Approved by Ciry Attomey
By:
Fotm Approved by Mayor for Submission to Council
By:
Approved by the Office of Financial Services
�
Adopted by Council: Date