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JUN, 15, 2005 4: 08PM LINDQUIST & VENNUM N0. 742 P. 2 LINDQ UIST & VEN--./UM P., l_ O, .P. � a 4200 IDS OENVR IN DENVFR: 80 SOUTH EIGHTH STREET 600 17TH STREET,SUITE 1900 SOUTH MINNEAPOLIS,MN 55402.2274 DENVER,CO 60202-5441 TELEPHONE:612-371-3211 TELEPHONE:303-573-5900 FAX-612-371.3207 FAx:303-573-1956 ATTORNEYS AT LAW www,lindquisLeom MICHAELS.MARGVLMS (612)371-3903 mmargulies @ lindquisccom June 15, 2005 Patti Jo Hermann Pat OIson Edina Realty Edina Realty 150 West Lake Street 150 West Lake Street Wayzata, MN 55391 Wayzata, MN 55391 Re: Stanton -Purchase of 1160 Tonkawa Road, Orono, Minnesota from Patrick and Susan Stevens Dear Ms. Hermann and Ms. Olson: This will follow up my telep one conversations with both of you regarding this matter. In preparation for closing, it appears; at there is one detail that needs to be dealt with from the purchase agreement relating to the prior oil tank. The Amendment to Purchase Agreement dated March 24, 2005, requires that Seller "document that the oil tank has been removed or abandoned according to state guidelines." The Stantons received a shortore from the prior owners indicating that they had had the tank grouted. While this is helpful, I think there is some additional information and disclosure which is required. The MPCA guideline ocuments (see www.vca.state.mn.us-publications-ust- factbooklet.vdf.url) say the following with respect to abandoned tanks: "Heating tanks that have beer out of service longer than a year are considered to be abandoned and must be properly closed. Proper closure involves either removing the tank from the ground or properly closing it in place- Closure in place requires prior approval- from your local fire official or State Fire Marshal. You may contact your local fl a official by calling your city hall." These same guidelines Indic a that a site assessment (soil or groundwater sampling) is recommended. However, the WCA takes a stricter stand with respect to property which is residential in nature and/or which ad oins a major water body because leaching or leaking from the old tank, if uncorrected, could po e a major problem. Therefore, assuming that the11 a is no closure letter or other inspection signoff from the MPCA available with respect to the, ctions which the prior owners took with respect to sealing the tank, we need to ask the question whether any soil testing was done, whether an Doc#2027910\I