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11-15-2013 - Legal Doc: amend. summons, complaing, civil cover sheet
L/55C RioIVerIon P( RECEIVED NOV 18 2013 DAVID FAITH Associate (612)492-6913 CITY OF ORONO FAX(612)677-3265 faith.david@dorsey.com November 15, 2013 VIA U.S. MAIL Brennan Properties City of Orono, Minnesota 15680 Fish Point Rd SE City Administrator Jessica Loftus Prior Lake, MN 55372. City Clerk Rachel Dodge City Hall, 2750 Kelley Parkway Joe M. Brennan Orono, MN 55356 15680 Fish Point Rd SE Prior Lake, MN 55372 Re: Alexandra and Brian Wilcox v. Revis Stephenson and Wolverton Place, LLC, et al. Dorsey &Whitney LLP represents Alexandra and Brian Wilcox. Enclosed and served upon you are the following documents which were filed in Hennepin County District, Fourth Judicial District, State of Minnesota, today: 1. Amended Summons; 2. Amended Complaint; and 3. Amended Civil Cover Sheet. You may wish to consult an attorney regarding this matter. Sincerely, David Faith DF:kmh Enclosures Sincerely, David Faith <November 15, 2013> Page 2 DF:kmh Enclosure STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Ty se: Other Civil Alexandra and Brian Wilcox, Court File No. 27-CV-13-17416 Plaintiffs, Judge Susan M. Robiner v. AMENDMENT TO CIVIL COVER SHEET SUBMITTING ADDITIONAL Revis Stephenson; Wolverton Place, LLC; CONTACT INFORMATION Barry L. Berg; Coldwell Banker Burnett; Lori Gherardi; JNJ Brothers LLC; Joe M. Brennan; Brennan Properties, LLC; and the City of Orono, MN. Defendants. Date Case Filed: September 24, 2013 Date Amended Complaint filed: November 15. 2013 Subsequent to the date the Civil Cover Sheet was filed September 24, 2013, Plaintiffs have become aware of additional counsel and contact information for the Defendants. Accordingly, pursuant to its continuing obligation to notify the court of information not known at the time of filing, Plaintiffs submit the following updated contact information for the parties in the above captioned case. ATTORNEY FOR PLAINTIFFS ATTORNEY FOR DEFENDANTS Revis Stephenson, Wolverton Place, LLC Eric A.O. Ruzicka Thomas W. Newcome 1I1 Attorney Name Attorney Name Suite 1500, 50 South Sixth Street 100 South Fifth Street, Suite 2500 Postal Address Postal Address Minneapolis, MN 55402 Minneapolis, MN 55402 City State Zip Code City State Zip Code (612) 340-2959 (612) 332-1030 Telephone Number Telephone Number CIV117 State ENG 05/13 www.mncourts.gov/forms Page 1 of 4 ruzicka.eric@dorsey.com tn3@losgs.com E-mail address E-mail address 0313373 0136943 Minnesota Attorney License No. Minnesota Attorney License No. ATTORNEY FOR DEFENDANTS Barry L. ATTORNEY FOR DEFENDANT City of Berg and Coldwell Banker Burnett Orono Matthew D. Sloneker Soren M. Mattick Name Name 1300 AT&T Tower, 901 Marquette Ave S 1380 Corporate Center, Curve Suite 317 Postal Address Postal Address Minneapolis, MN 55402 Eagan, MN 55121 City State Zip Code City State Zip Code (612) 333-3637 (612) 234-6217 Telephone Number Telephone Number matthew.sloneker@lindjensen.com smattick@ck-law.com E-mail address E-mail address 0338953 027785X Minnesota Attorney License No. Minnesota Attorney License No. DEFENDANT, Self-represented DEFENDANT, Self-represented Lori Gherardi JNJ Brothers LLC Name Name 2985 Watertown Road 2985 Watertown Road Postal Address Postal Address Orono MN 55356 Orono_ MN 55356 City State Zip Code City State Zip Code ( ) ( ) Telephone Number Telephone Number E-mail address E-mail address mil 17 State ENG 05/13 www.mncourts.gov/forms Page 2 of 4 DEFENDANT, Self-represented DEFENDANT, Self-represented Brennan Properties, LLC Joe M. Brennan Name Name 15680 Fish Point Rd SE 15680 Fish Point Rd SE Postal Address Postal Address Prior Lake, MN 55372 Prior Lake, MN 55372 City State Zip Code City State Zip Code ( ) ( ) Telephone Number Telephone Number E-mail address E-mail address By signing below, the attorney or party submitting this form certifies that the above information is true and correct. Submitted by: Eric A.O. Ruzicka Attorney License: #313373 Firm: Dorsey & Whitney LLP Address: Suite 1500, 50 South Sixth Street Telephone: (612) 340-2959 Date: November 15, 2013 CIV117 State ENG 05/13 www.mncourts.gov/forms Page 3 of 4 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil Alexandra and Brian Wilcox, Court File No. 27-CV-13-17416 Plaintiffs, Judge Susan M. Robiner v. AMENDED SUMMONS Revis Stephenson; Wolverton Place, LLC; Barry L. Berg; Coldwell Banker Burnett; Lori Gherardi; JNJ Brothers LLC; Joe M. Brennan; Brennan Properties, LLC; and the City of Orono, MN. Defendants. To: Defendant Brennan Properties, LLC, and its manager and registered agent Joe M. Brennan, 15680 Fish Point Rd SE, Prior Lake, MN 55372; City of Orono, Minnesota, City Administrator Jessica Loftus and City Clerk Rachel Dodge, City Hall, 2750 Kelley Parkway, Orono, MN 55356, copy to the City's counsel Soren M. Mattick, 1380 Corporate Center, Curve Suite 317, Eagan, MN 55121; Defendant Wolverton Place LLC, its Manager Revis H. Stephenson III, and their counsel Thomas W. Newcome III, 100 South Fifth Street, Suite 2500, Minneapolis, MN 55402; Defendant JNJ Brothers LLC and its Manager Lori Gherardi, 2985 Watertown Road, Orono, MN 55356; Defendants Barry L. Berg, Coldwell Banker Burnett, and their counsel Matthew D. Sloneker, 1300 AT&T Tower, 901 Marquette Ave S, Minneapolis, MN 55402. THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: 1. YOU ARE BEING SUED. The Plaintiffs have started a lawsuit against you. The Plaintiffs' Amended Complaint against you is attached to this Summons. Do not throw these papers away. They are official papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this Summons. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at: Eric A.O. Ruzicka Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiffs' Amended Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Amended Complaint. If you believe the Plaintiffs should not be given everything asked for in the Amended Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE AMENDED COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiffs everything asked for in the Amended Complaint. If you do not want to contest the claims stated in the Amended Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Amended Complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Amended Complaint even if you expect to use alternative means of resolving this dispute. -2- DORSEY & WHITNEY LLP Dated: November 15, 2013 By /s/Eric Ruzicka Eric A.O. Ruzicka#0313373 David L.D. Faith II #389687 Kurt G. Whitman#392787 Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 Telephone: (612) 340-2600 Attorneys for Plaintiffs ACKNOWLEDGMENT The undersigned hereby acknowledges that sanctions may be imposed under Minn. Stat. § 549.211. DORSEY & WHITNEY LLP /s/Eric Ruzicka Eric Ruzicka -3- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case T j.e: Other Civil Alexandra and Brian Wilcox, Court File No. 27-CV-13-17416 Plaintiffs, Judge Susan M. Robiner AMENDED COMPLAINT v. Revis H. Stephenson III; Wolverton Place, LLC; Barry L. Berg; Coldwell Banker Burnett; Lori Gherardi; JNJ Brothers LLC; Joe M. Brennan; Brennan Properties, LLC; and the City of Orono, Minnesota, Defendants. Alexandra Wilcox and Brian Wilcox (collectively, "Plaintiffs"), for their claims against Revis H. Stephenson III ("Stephenson"); Wolverton Place, LLC ("WPLLC"); Barry L. Berg ("Berg"); Coldwell Banker Burnett ("Coldwell"); Lori Gherardi ("Gherardi"); JNJ Brothers LLC ("JNJ"); Joe M. Brennan ("Brennan"); Brennan Properties, LLC ("Brennan Properties"); and the City of Orono, Minnesota ("Orono," and together with Stephenson, WPLLC, Berg, Coldwell, Gherardi, JNJ, Brennan, and Brennan Properties, "Defendants"), state and allege as follows: I. PARTIES 1. Plaintiffs Alexandra and Brian Wilcox are residents of Hennepin County, Minnesota, residing at 4550 Wolverton Place, Orono, Minnesota 55359. 2. WPLLC is a Minnesota Limited Liability Company with a registered office address of 1850 Fox Ridge Road, Orono, Minnesota 55356. 3. Stephenson is WPLLC's manager, registered agent, and member, and is a resident of Hennepin County, Minnesota. 4. Berg is a real estate salesperson licensed by the Minnesota Department of Commerce and employed by, and/or is an agent of, Coldwell. Mr. Berg is a resident of Hennepin County and has a business address of 3033 Excelsior Boulevard, Suite 100, Minneapolis, Minnesota 55416. 5. Coldwell is a real estate broker licensed by the Minnesota Department of Commerce, with a registered business address of 7550 France Ave S, Edina, Minnesota 55435. 6. Gherardi is JNJ's manager and member, and is a resident of Hennepin County, Minnesota. 7. JNJ is a Minnesota limited liability company with a registered office address of 2985 Watertown Road, Orono, MN 55356. 8. Brennan Properties is a Minnesota limited liability company with a registered office address of 15680 Fish Point Rd SE, Prior Lake, Minnesota 55372. 9. Brennan is the manager and registered agent of Brennan Properties, and is a resident of Scott County, Minnesota. 10. Orono is a Minnesota municipal corporation and statutory city located in Hennepin County, Minnesota. II. JURISDICTION AND VENUE 11. Jurisdiction and Venue are proper in Minnesota and Hennepin County because all Defendants are residents, registered businesses, or a municipality of the state 2 of Minnesota, and engaged in wrongful conduct in Hennepin County, Minnesota; have injured Plaintiffs, who are Hennepin County, Minnesota residents; and the property at issue is in Hennepin County, Minnesota. 12. Although there is an arbitration agreement (the "Arbitration Agreement") between Plaintiffs and some of the Defendants, it is not a barrier to the Court's jurisdiction in this case because: (i) it was not signed by Gherardi, JNJ, Brennan, Brennan Properties, Orono, or Stephenson in his individual capacity (he did sign in his capacity as WPLLC's manager); (ii) Plaintiffs' claims pertaining to the Conservation Easement (as defined infra) relate, in part, to title issues, and are therefore explicitly excluded under the terms of the Arbitration Agreement; (iii) Plaintiffs' claims pertaining to Minn. Stat. § 327A fall outside of the Arbitration Agreement under both the requirements of the statute and under the terms of the Arbitration Agreement; (iv) Plaintiffs' claims pertaining to fraud with respect to the condition of the Property (defined infra) go to fraud in the inducement and therefore relate to the validity of the contract formation, including the validity of the Arbitration Agreement; and (v) all remaining claims are so closely intertwined with issues not subject to arbitration that it is not.practicable to try such claims separately. III. RELEVANT FACTS Purchase Agreement, Arbitration Agreement, and Escrow Agreement 13. Plaintiffs as buyers and WPLLC as seller entered into a Purchase Agreement dated February 11, 2013 (as amended by various addenda executed on or shortly thereafter, the "Purchase Agreement") for the sale of residential real property 3 located at 4550 Wolverton Place, Orono, Minnesota (the "Property"), a copy of which is attached hereto as Exhibit A. 14. Plaintiffs and WPLLC, Berg, and Coldwell entered into a limited Arbitration Agreement dated February 11, 2013 and which submitted "[a]11 disputes about or relating to the disclosure of material facts affecting the use and enjoyment of the property, excluding disputes related to title issues," to arbitration administered by the National Center for Dispute Settlement, except that "[n]othing in this Agreement limits other rights . . . under MN Statute 327A" (emphasis added). 15. No arbitration clause exists between or among Plaintiffs and Stephenson, Gherardi, JNJ, Brennan, Brennan Properties, or Orono. 16. As part of the Purchase Agreement, Plaintiffs and WPLLC entered into an Escrow Holdback Agreement dated April 12, 2013 ("Escrow Agreement"), pursuant to which WPLLC placed funds in escrow for the "Completion of Installation of a new driveway/ grass seed AND Installation of Septic System compliant for 5 bedroom home." ("Escrow Work"). 17. Among the addenda incorporated into the Purchase Agreement was an Addendum dated February 11, 2013, and executed by Stephenson, which stated in part: Sellers to provide clarification for the follow[sic]items to the buyers (sic]satisfaction: 1 —Plan for "new"driveway, including location of Septic Tank, Intent of sharing Septic Tank and Well with potential new house, Landscaping around new driveway (since current landscaped portion is only 1/5 of 5.05 acre lot). 4 2—How the Sellers will bear all costs associated with splitting the lot and the repairs/improvements needed. 18. Under the terms of the Escrow Agreement, WPLLC was to complete the Escrow Work by June 30, 2013, and if it failed to do so the lender under the Purchase Agreement has the option to complete the work itself and charge the escrow. 19. WPLLC did not complete the Escrow Work by June 30, 2013. 20. WPLCC did not prove any clarification pursuant to the February 11, 2013 Addendum until October 29, 2013. Gherardi, Stephenson, and WPLLC Flip the Property 21. On September 26, 2011, Gherardi purchased the Property. 22. Also on September 26, 2011, Gherardi transferred the Property to WPLLC. 23. Gherardi, who continued to be listed as an owner of the Property on Orono work permit applications, and who acted on behalf of WPLLC, including with respect to WPLLC's efforts with Orono related to WPLLC's request for subdivision approval, hired home improvement contractors to perform remodeling of the Property. 24. With the exception of plumbing and fireplace work, the remodeling was conducted by JNJ and Brennan Properties. 25. Following the remodeling conducted by JNJ and Brennan Properties, the Property was marketed for sale as being in "excellent" condition. 26. Berg and Coldwell acted as real estate salesperson and real estate broker for the sale of the Pro^ert Y J• 5 27. The Property was sold to Plaintiffs per the terms of the Purchase Agreement, and the sale closed on April 10, 2013. Subdivision Application Process and Creation of Conservation Easement 28. Stephenson and WPLLC decided to seek Orono's approval to subdivide 4550 Wolverton Place into two adjacent, five-acre lots and sell only one of the lots, the lot that constitutes the Property, to Plaintiffs. 29. On information and belief, subdivision approval was sought, in part, to maximize the profits of Stephenson and WPLLC. 30. Gherardi acted on behalf of WPLLC throughout the subdivision application process with Orono, including attending and speaking at public hearings and submitting, signing, and creating or causing the creation of necessary documents related to the application process. 31. On behalf of WPLLC, Gherardi submitted an application requesting subdivision approval to Orono in October 2011. 32. The initial hearing between Gherardi (appearing on behalf of WPLLC) and the Orono Planning Commission to discuss WPLLC's plan to subdivide the Property was conducted on November 21, 2011, at which time the Orono Planning Commission requested that, pursuant to Orono City Code § 78-1634 et seq., a conservation design plan be developed and submitted to Orono "to be reviewed and implemented prior to final consideration of the subdivision by the Planning Commission." 6 33. The Orono Planning Commission, at the November 21, 2011 hearing, recommended tabling the subdivision application until certain requirements were met, including the following two items: 4. Submittal of a conservation design plan which meets the requirements of the Conservation design regulations [Orono City Code § 78-1634 et seq.] for review, approval and implementation. 5. Submittal of a revised subdivision survey indicating standard perimeter drainage and utility easements as well as conservation, flowage and drainage easements over all wetlands and wetland buffers on the property. Additionally, a 10-foot trail easement should be shown concurrent with the requested perimeter D/U easement along McCulley Road. 34. Gherardi indicated at the November 21, 2011 hearing that she was comfortable with the Planning Commission's recommendations. 35. On January 17, 2012, Gherardi again appeared on behalf of WPLLC at a hearing in front of the Orono Planning Commission to discuss the subdivision application. 36. A primary purpose of the January 17, 2012 hearing was too scuss whether the Planning Commission's specific requests with respect to the conservation design plan had been fulfilled. 37. The specific requests related to the conservation design plan were discussed in significant detail at the January 17, 2012 hearing. 38. Pursuant to the request for a conservation design plan, Gherardi submitted a conservation design report and plan that included the findings of Wayne_E. Jacobson, • Senior Scientist for Jacobson Environmental, PLLC, an environmental consulting firm. 7 39. The Orono Planning Commission determined that the conservation design plan submitted for the January 17, 2012 hearing was incomplete and requested Gherardi to review the conservation regulations and provide additional detail and analysis, to which Gherardi agreed. 40. Shortly thereafter, the conservation design plan was revised to include additional detail and to align with the requirements of Orono's conservation design regulations, Orono City Code § 78-1634 et seq. The revised conservation design plan was dated February 4, 2012 ("Conservation Design Plan," attached hereto as Exhibit B) and was submitted by Gherardi to the Orono Planning Commission for review. 41. The revised Conservation Design Plan noted the presence of"tree stands and native grassland" on the Property and included a map indicating a large portion of the Property encumbered by these ecological conditions. 42. The Conservation Design Plan made a number of specific recommendations, including the following: 7. Long Term Preservation—The future property owners will maintain the North Tree Stands, and the South Native Grassland. 8. The future property owner will agree to the items specified in this document by covenant agreement with the City of Orono. 43. As indicated in the Conservation Design Plan itself, the recommendation in the Conservation Design Plan for the future property owner to agree to the Conservation Design Plan by covenant agreement with Orono was expressly related to Item 8 of Orono's "Conservation Design Check List," which cites and quotes Orono City Code § 78-1639 (titled "Buyer Education"): 8 The developer shall establish covenants documenting the elements of the development to be protected and how they are to be protected, and shall establish a defined program for education of the initial purchasers of lots within the development as to the limitations that affect future use of the property. 44. On February 21, 2012, Gherardi appeared on behalf of WPLLC in front of the Orono Planning Commission to discuss the sufficiency of the revised Conservation Design Plan. 45. Upon reviewing the Conservation Design Plan, the Orono Planning Commission noted the presence of"grasslands/prairies on the north and south borders totaling approximately 190,000 square feet . . . to be enhanced and protected . . . by covenants and/or easements." 46. At the February 21, 2012 hearing, Wayne Jacobson of Jacobson Environmental stated that future property owners should have "flexibility with the south grassland area." 47. At the close of the February 21, 2012 hearing, the Orono Planning Commission stated that it recommended protecting the entire area of grassland indicated in the Conservation Design Plan and "[i]f there is some deviation from that in the future, the conservation easement would need to be amended." 48. After the February 21, 2012 hearing, Gherardi had Schoborg Land Services Inc. update its Certificate of Survey, a form of which was received by Orono on March 26, 2012, and which is dated March 25, 2012 ("Survey," attached hereto as Exhibit C). 9 • 49. The Survey depicts numerous land use constraints and restrictions, including wetland areas, a drainage and utility easement, septic tanks, and the proposed driveway. 50. The Survey omits any reference to the grassland restriction outlined in the Conservation Easement or any reference to the Conservation Easement generally. 51. The Survey also represents that there is no major encumbrance on the southern portion of the Property. 52. On April 18, 2012, the Orono Planning Commission approved the Conservation Design Plan and recommended that the City Council approve the subdivision subject to certain conditions. The Planning Commission attached the Survey, as well as proposed drafts of a resolution approving the subdivision and of the Conservation Easement, to its packet of information submitted to the City Council. 53. The draft resolution, titled "A Resolution Approving a Class I Subdivision of Property Located at 4550 Wolverton Place File #11-3531" ("Subdivision Resolution"), included as a condition the granting of a "Permanent Tree Stand and Native Grassland Preservation and Conservation Easement in relation to existing trees and grasslands on the Property" ("Conservation Easement"). 54. Paragraph 2 of the Subdivision Resolution requires the following: 2. Portions of the property subject to the various Conservation Easements noted herein shall be protected per the recommendations and provisions of the [Conservation Design Plan], a copy of which shall be kept on file at the City Offices (emphasis added). 10 55. By resolution of April 23, 2012, the Orono City Council approved subdivision of the Property as requested by Gherardi on behalf of WPLLC, and as recommended by, and subject to the conditions suggested by, the Planning Commission. Stephenson Records Conservation Easement on Day of Closing 56. In the course of negotiations concerning the Property, Plaintiffs informed WPLLC, Stephenson, Gherardi, and Berg that they planned to install various improvements to the Property. 57. Plaintiffs declined an opportunity to buy the other five acres of land adjacent to the Property (the "Adjacent Land") from WPLLC because the Adjacent Land had a pre-existing wetland easement that would have interfered with Plaintiffs' development and use of the Property. 58. Despite knowing that it would interfere with Plaintiffs' expected use and enjoyment of the Property, including Plaintiffs' rights under the existing Purchase Agreement, Stephenson signed the Conservation Easement on April 9, 2013. 59. Plaintiffs were not a party to the Conservation Easement. 60. Plaintiffs did not consent to the Conservation Easement. 61. Gherardi, acting on behalf of WPLLC—and Stephenson, Berg, Coldwell, and Orono having full knowledge of, and acquiescing in, Gherardi's acts—caused the Conservation Easement, attached hereto as Exhibit D, to be recorded on April 10, 2013, the day of the closing. 62. The Conservation Easement prevents, in part, construction of"anything made by man" or"cutting, removing, or altering trees or other vegetation . . . ." 11 63. Stephenson and WPLLC, as Grantor, expressly represented in Paragraph 6 of the Conservation Easement "that there are no unrecorded interests in the easement premises." 64. The Purchase Agreement was an unrecorded interest in the Property existing at the time the Conservation Easement was signed and recorded. 65. Orono knew and/or had reason to know of the existing Purchase Agreement and was informed of the actual sale of the Property by Gherardi, including in a March 20, 2013 email from Gherardi to Mike Gaffron, Assistant City Administrator, stating, "We have sold the home at 4550 Wolverton Place and will need to begin the subdivision process." 66. The Conservation Easement has the effect of prohibiting the Wilcoxes from completing their planned improvements to the Property. 67. As discussed supra, the Conservation Easement was planned over many months and was well-known to Stephenson, WPLLC, Gherardi, Berg, and Coldwell. 68. Despite their efforts to secure subdivision of the Property, and their knowledge that the Conservation Easement would be imposed as part of such subdivision, Stephenson, WPLLC, Gherardi, Berg, and Coldwell failed to disclose their plans to create, execute, and record the Conservation Easement to Plaintiffs at any time prior to the closing on the Property on April 10, 2013. 69. Stephenson, WPLLC, Gherardi, Berg, and Coldwell led Plaintiffs to believe they would receive full use of the Property. 12 70. Stephenson, WPLLC, Gherardi, and Berg provided Plaintiffs with the misleading Survey, which failed to disclose the planned Conservation Easement. 71. Stephenson and Plaintiffs entered into an Amendment to Purchase Agreement dated February 27, 2013, which became part of the Purchase Agreement, attached as an individual document hereto as Exhibit E, and included with all addenda to the Purchase Agreement in Exhibit A. 72. The February 27, 2013 Amendment to Purchase Agreement states that the closing date is April 10, 2013. 73. The February 27, 2013 Amendment to Purchase Agreement also represents that the Survey is an accurate depiction of the Property, stating that "Buyer and Seller agree that the land being conveyed is as described by Proposed Tract B (5.05 Ac.) on the certificate of survey for PID 31-1 18-23-005 by Schoborg Engineers dated March 25, 2012" (i.e., the Survey). 74. Coldwell, through its employee and/or agent Deb Shafer, again sent the misleading Survey to Plaintiffs' real estate agent in May 2013,post-closing, stating, "Nothing has changed so the survey from 3/25/12 is still the same." 75. WPLLC, Stephenson, Gherardi, Berg, and Coldwell delayed recording the Conservation Easement until the day of closing in order to ensure that Plaintiffs would not have notice of the Conservation Easement prior to closing. 76. Plaintiffs did not know, and did not have reason to know, of the existence of the Conservation Easement. 13 Property Defects 77. WPLLC, Stephenson, Gherardi, Berg, and Coldwell held out the Property to the Plaintiffs as being in "excellent" condition. 78. At some point in the spring or summer of 2012, WPLLC, Stephenson, Gherardi, and Coldwell had knowledge of flooding damage in the basement of the Property. 79. As a result of the flooding damage to, and wet condition of, the basement, at least one showing of the Property was altered. 80. After moving into the Property, the Plaintiffs discovered extensive defects, including landscaping that was defective, including having improper grading, and did not comply with code; defective HVAC equipment; defective kitchen appliance installation; and evidence of extensive and repeated water intrusion resulting in severe damage to the Property, and in particular to the basement and garage. 81. The defects to the Property were concealed using a variety of cosmetic fixes that did not address the underlying damage and appear to have been implemented solely to conceal the existence of water damage from prospective buyers. 82. The underlying susceptibility of the Property to the flooding was not addressed prior to the sale, and additional flooding has occurred virtually every time it has rained on the Property. 83. The defects in the Property appear to result from faulty workmanship, faulty installation, defective materials, and noncompliance with building standards. 14 IV. CLAIMS FOR RELIEF COUNT I Declaratory Judgment That the Conservation Easement Is Invalid 84. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 85. Plaintiffs' claim involves a genuine conflict in tangible interests between parties with adverse interests, all of whom are parties to this proceeding. 86. Plaintiffs' rights as to the Conservation Easement can only be determined by a declaratory judgment rather than through presenting hypothetical facts that would form an advisory opinion. 87. Pursuant to section 84C.02(d) of Minnesota's adoption of the Uniform Conservation Easement Act, Minn. Stat. Ch. 84C, "[a]n interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it." 88. Plaintiffs were the equitable owners of, and had a protectable property interest in, the Property at the time the Conservation Easement was created by reason of the executed Purchase Agreement. 89. The Conservation Easement falsely states that "there are no unrecorded interests in the easement premises." 90. The Conservation Easement is subject to Orono City Code § 78-1639, which provides that "[t]he developer shall establish covenants documenting the elements of the development to be protected and how they are to be protected, and shall establish a 15 defined program for education of the initial purchasers of lots within the development as to the limitations that effect future use of the property." 91. Neither WPLLC, Stephenson, Gherardi, nor any of their agents made any effort to educate the Plaintiffs with respect to the limitations that affect future use of the property as embodied in the Conservation Easement. 92. The Plaintiffs were not a party to the Conservation Easement. 93. The Plaintiffs did not consent to the Conservation Easement. 94. The Conservation Easement is invalid, ineffective, and unenforceable against Plaintiffs. 95. Plaintiffs are entitled to a declaratory judgment pursuant to Minn. Stat. § 555.01 as to the invalid and ineffective nature of the Conservation Easement and as to Plaintiffs' rights associated with the Conservation Easement. COUNT II Declaratory Judgment That the Subdivision of the Property Is Invalid 96. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 97. Plaintiffs' claim involves a genuine conflict in tangible interests between parties with adverse interests, all of whom are parties to this proceeding. 98. Plaintiffs' rights as to the subdivision of the Property can only be determined by a declaratory judgment rather than through presenting hypothetical facts that would form an advisory opinion. 99. The granting of the Conservation Easement was a condition precedent to 16 the effectiveness of the Subdivision Resolution. 100. Compliance with the Conservation Design Plan was a condition precedent to the effectiveness of the Subdivision Resolution. 101. The Conservation Design Plan requires that "future property owners will maintain the North Tree Stands, and the South Native Grassland" and that "the future property owner will agree to the items specified in [the Conservation Design Plan] by covenant agreement with the City of Orono." 102. The Conservation Design regulations in the Orono City Code, § 78-1639, as referenced, cited, and quoted in the Conservation Design Plan, require a "defined program for education of the initial purchasers of lots within the development as to the limitations that affect future use of the property." 103. Neither WPLLC, Stephenson, Gherardi, nor or any of their agents made any effort to educate Plaintiffs with regards to the limitations that affect future use of the property as embodied in the Conservation Easement. 104. Plaintiffs never agreed to the terms of the Conservation Easement by agreement or otherwise with Orono or any other party. 105. The Conservation Easement is ineffective due to its failure to comply with the Conservation Design Plan. 106. The Conservation Easement is invalid, ineffective, and unenforceable against Plaintiffs for the reasons indicated in Count I. 107. The Subdivision Resolution is invalid and ineffective due to the non- occurrence of the conditions precedent to its effectiveness. 17 108. Plaintiffs are entitled to a declaratory judgment pursuant to Minn. Stat. § 555.01 as to the invalid and ineffective nature of the subdivision of the Property and as to Plaintiffs' rights associated with it. COUNT III (Orono) Granting of Easement Violated Takings Clause of the United States Constitution and of the Minnesota Constitution 109. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 110. The Fifth Amendment to the United States Constitution, which is made applicable to the States under the Fourteenth Amendment, provides in relevant part: "nor shall private property be taken for public use, without just compensation." 111. The Minnesota Constitution Article I, § 13 provides: "Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured." 112. The executed Purchase Agreement existing at the time the Conservation Easement was granted is a protectable property interest in the Property. 113. To the extent the Court finds that the Conservation Easement is valid, Orono's demand to have the Conservation Easement granted to Orono as a condition of subdivision approval, and Orono's subsequent acceptance of the granted Conservation Easement, deprives Plaintiffs of the use or enjoyment of some of its property rights, has an adverse economic impact on Plaintiffs' property rights, and destroys Plaintiffs' investment-backed expectations with respect to the Property. 18 114. Orono did not provide just compensation or indeed any compensation for the taking of Plaintiffs' Property. 115. Orono's demand to have the Conservation Easement granted to Orono, and Orono's subsequent acceptance of the granted Conservation Easement, violates the takings clauses of the United States and Minnesota Constitutions. 116. Plaintiffs have suffered damages as a result of Orono's unconstitutional taking with respect to the Property. 117. To the extent these damages can be measured, they include at least the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered together with the costs and fees associated with enforcing Plaintiffs' constitutional rights. Recovery of reasonable damages in an amount greater than 550,000 is sought. COUNT IV (WPLLC and Stephenson) Breach of Contract with Respect to Consultation on Driveway 118. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 119. The Purchase Agreement is a contract between Plaintiffs as buyers and WPLLC and Stephenson as sellers. 120. The Purchase Agreement incorporated a binding addendum requiring WPLLC to consult with Plaintiffs and clarify its plans for the driveway, septic system, surrounding landscaping, and as to overall costs for splitting the lot and repairs/improvements needed "to the buyers [sic] satisfaction." 19 121. Plaintiffs informed WPLLC and Stephenson that they expected to`be involved in the driveway planning. 122. Plaintiffs informed Gherardi, who on information and belief was conveying such information to WPLLC and Stephenson, that major water issues at the Property necessitated further evaluation of the driveway before its installation. 123. WPLLC and Stephenson failed to provide any required clarifications until after Plaintiffs brought a Motion for Preliminary Judgment now pending before the Court. 124. The limited clarifications that WPLLC and Stephenson have subsequently provided have not sufficiently satisfied Plaintiffs' concerns. 125. Plaintiffs, WPLLC, and Stephenson have not reached agreement on a final plan for the repairs and improvements. 126. WPLLC and Stephenson have threatened to carry out the work against the Plaintiffs' wishes irrespective of their failure to provide satisfactory clarifications. 127. Plaintiffs have suffered damages as a result of WPLLC's and Stephenson's breach of contract. 128. To the extent these damages can be measured, they include at least the costs expended to enforce Plaintiffs' contractual rights. 129. Plaintiffs will suffer additional and irreparable damages if and when WPLLC and its agents complete construction against Plaintiffs' wishes, and Plaintiffs may bear the cost of correcting them. Recovery of reasonable damages in an amount greater than $50,000 is sought. 20 COUNT V (WPLLC) Breach of Contract with Respect to the Purchase Agreement 130. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 131. The Purchase Agreement is a contract between Plaintiffs as buyers and WPLLC and Stephenson as sellers. 132. The Amendment to Purchase Agreement dated February 27, 2013 included the agreement between Plaintiffs and WPLLC that the Property being conveyed was as described in the Survey. 133. The Survey included no reference to the Conservation Easement. 134. To the extent that the Conservation Easement was validly executed and recorded, the Property actually conveyed was subject to the Conservation Easement. 135. WPLLC's failure to fulfill its promise to convey the Property as described in the Survey is a material breach of contract. 136. Plaintiffs have suffered damages as a result of WPLLC's breach of contract. 137. To the extent these damages can be measured, they include at least the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered. Recovery of reasonable damages in an amount greater than $50,000 is sought. 21 COUNT VI (WPLLC) Breach of the Covenant of Good Faith and Fair Dealing 138. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 139. The Purchase Agreement is a contract between Plaintiffs as buyers and WPLLC and Stephenson as sellers. 140. WPLLC violated the implied covenant of good faith and fair dealing that is by law a part of every Minnesota contract. 141. WPLLC acted in bad faith and dealt unfairly with the Plaintiffs when it concealed, and made misrepresentations regarding, the existence of the Conservation Easement and the defective condition of the Property. 142. WPLLC's bad faith actions substantially prevented Plaintiffs from obtaining what they contracted for in the Purchase Agreement, namely, unencumbered ownership of the subject Property in good condition. 143. Plaintiffs have suffered damages as a result of WPLLC's breach of the implied covenant of good faith and fair dealing. 144. To the extent these damages can be measured, they include at least (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. 22 Count VII (WPLLC, Stephenson, and Gherardi) Common Law Fraud with Respect to the Conservation Easement 145. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 146. The plan to record the Conservation Easement affecting the Property, in which WPLLC, Stephenson, and Gherardi directly participated, and the Conservation Easement itself, are material facts, the existence of which substantially interferes with Plaintiffs' expected use of the Property. 147. WPLLC, Stephenson, and Gherardi had knowledge of the material fact of the planned Conservation Easement since at least February 2012. 148. WPLLC, Stephenson, and Gherardi made false misrepresentations of the Property, including providing Plaintiffs with the Survey, which purported to be accurate but failed to disclose the Conservation Easement, leading Plaintiffs to reasonably believe that they would have full use and enjoyment of the Property, including the right to make their intended improvements on the Property. 149. WPLLC, Stephenson, and Gherardi intended to induce the Plaintiffs to purchase the Property in reliance on such false representations. 150. Plaintiffs did reasonably rely on such representations in purchasing the Property. 151. Plaintiffs did not know, and did not have reason to know, of the existence of the Conservation Easement. 23 152. Plaintiffs have suffered damages as a result of the fraud of WPLLC, Stephenson, and Gherardi with respect to the Conservation Easement. 153. To the extent these damages can be measured, they include at least the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered. Recovery of reasonable damages in an amount greater than $50,000 is sought. Count VIII (WPLLC, Stephenson, Gherardi, and Coldwell) Common Law Fraud with Respect to the Condition of the Property 154. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 155. The physical condition of the Property is a material fact. 156. WPLLC, Stephenson, Gherardi, and Coldwell learned of the defective condition of the Property in the course of their extensive remodeling and subsequent efforts to sell the Property. 157. Despite knowing of the substantial defects in the Property, WPLLC, Stephenson, Gherardi, and Coldwell held out the Property to be in "excellent" condition in marketing materials, including in the MLS Realist® report for the Property. 158. WPLLC's contractors, which on information and belief include Brennan Properties, rendered cosmetic repairs for the sole purpose of misleading buyers into believing that the defects did not exist. 159. WPLLC, Stephenson, Gherardi, and Coldwell intended that Plaintiffs would rely on their false misrepresentations and be induced to buy the Property. 24 160. Plaintiffs did reasonably rely on such representations, combined with the cosmetically appealing appearance of the Property that disguised underlying defects from discovery on inspection, in purchasing the Property. 161. Plaintiffs have suffered damages as a result of the fraud of WPLLC, Stephenson, Gherardi, and Coldwell with respect to the condition of the Property. 162. To the extent these damages can be measured, they include at least the cost of repairs necessary to correct defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. Count IX (WPLLC, Stephenson, and Gherardi) Fraudulent Non-Disclosure with Respect to the Conservation Easement 163. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 164. The plan to execute and record the Conservation Easement affecting the Property, in which WPLLC, Stephenson, and Gherardi directly participated, and the Conservation Easement itself, are material facts, the existence of which substantially interferes with Plaintiffs' expected use of the Property. r � 165. WPLLC, Stephenson, and Gherardi had knowledge of the material fact of the planned Conversation Easement since at least February 2012. 166. WPLLC's, Stephenson's, and Gherardi's knowledge of the Conservation Easement is special knowledge that only the sellers of the Property and their accomplices were in a position to reasonably know. 25 167. WPLLC, Stephenson, and Gherardi concealed their scheme to file a Conservation Easement by failing to disclose their plans to Plaintiffs and holding off on recording the Easement until the day of the closing. 168. By delaying recording of the Conservation Easement, WPLLC, Stephenson, and Gherardi intended to conceal the material fact of the Conservation Easement's existence by ensuring that the Conservation Easement would not become known to Plaintiffs. 169. WPLLC, Stephenson, and Gherardi intended to induce Plaintiffs to purchase the Property in reliance on such non-disclosures. 170. Plaintiffs did reasonably rely on such non-disclosures when purchasing the Property. 171. Plaintiffs did not know, and did not have reason to know, of the existence of the Conservation Easement. 172. Plaintiffs have suffered damages as a result of WPLLC's, Stephenson's, and Gherardi's fraudulent non-disclosures with respect to the Conservation Easement. 173. To the extent these damages can be measured, they include at least the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered. Recovery of reasonable damages in an amount greater than $50,000 is sought. 26 Count X (WPLLC, Stephenson, and Gherardi) Fraudulent Non-Disclosure with Respect to the Condition of the Property 174. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 175. The physical condition of the Property is a material fact. 176. WPLLC, Stephenson, and Gherardi learned of the condition of the Property in the course of their extensive remodeling and subsequent efforts to sell the Property. 177. WPLLC's, Stephenson's, and Gherardi's knowledge of the condition of the Property is special knowledge that only the sellers of the Property and their accomplices were in a position to reasonably know. 178. WPLLC, Stephenson, and Gherardi concealed the condition of the Property by rendering cosmetic repairs for the sole purpose of misleading buyers into believing that the defects did not exist, and in failing to disclose the condition in any other way. 179. WPLLC, Stephenson, and Gherardi intended that Plaintiffs would rely on their non-disclosures and be induced to buy the Property. 180. Plaintiffs did reasonably rely on such non-disclosures, combined with the cosmetically appealing appearance of the Property that disguised underlying defects from discovery on inspection, in purchasing the Property. 181. Plaintiffs have suffered damages as a result of WPLLC's, Stephenson's, and Gherardi's fraudulent non-disclosures with respect to the condition of the Property. 27 182. To the extent these damages can be measured, they include at least the cost of repairs necessary to correct defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. Count XI (WPLLC, Stephenson, Gherardi, Coldwell, and Berg) Consumer Fraud Under Minn. Stat. §§ 325F.68-325F.70 183. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 184. The Property constitutes "merchandise" under the Minnesota Prevention of Consumer Fraud Act. 185. WPLLC, Stephenson, Gherardi, Coldwell, and Berg made misrepresentations and misleading statements to Plaintiffs and the public as a whole, engaged in deceptive practices, and sold the Property under the false pretense that it was not encumbered by the Conservation Easement and that it did not have material defects. 186. WPLLC, Stephenson, Gherardi, Coldwell, and Berg intended to induce the Plaintiffs to purchase the Property in reliance on such false representations. 187. Plaintiffs did reasonably rely on such representations in purchasing the Property. 188. Plaintiffs did not know, and did not have reason to know, of the existence of the Conservation Easement or the defective condition of the Property. 189. The deceptive practices of WPLLC, Stephenson, Gherardi, Coldwell, and Berg constitute a violation of the Minnesota Prevention of Consumer Fraud Act, Minn. Stat. §§ 325F.68-325F.70. 28 190. Plaintiffs have suffered damages as a result of the deceptive practices of WPLLC, Stephenson, Gherardi, Coldwell, and Berg with respect to the Conservation Easement and the defective condition of the Property. 191. Pursuant to the Minnesota Private Attorney General Statute, Minn. Stat. § 8.31, Subd. 3a, and the Minnesota Prevention of Consumer Fraud Act, Minn. Stat. §§ 325F.68-325F.70, Plaintiffs are entitled to damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees. To the extent these damages can be measured, they include at least (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. 192. Pursuant to the Minnesota Private Attorney General Statute, Minn. Stat. § 8.31, Subd. 3a, and the Minnesota Prevention of Consumer Fraud Act, Minn. Stat. §§ 325F.68-325F.70,this Court may issue an injunction prohibiting WPLLC, Stephenson, Gherardi, Coldwell, and Berg from further fraudulent marketing and sale of the Property and Adjacent Land and prohibiting such Defendants from engaging in similar, future acts as applied to any other real property. 193. Besides serving to provide a remedy to Plaintiffs themselves, Plaintiffs' claim benefits the public as a whole in that WPLLC, Stephenson, Gherardi, Coldwell, and Berg deceptively held out the Property to the public. The claim helps protect the public from WPLLC, Stephenson, Gherardi, Coldwell, and Berg engaging in similar fraudulent and deceptive acts in the course of future real property transactions. 29 Count XII (WPLLC, Stephenson, Gherardi, Coldwell, and Berg) False Advertising Under Minn. Stat. §325F.67 194. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 195. Statements made and materials distributed by WPLLC, Stephenson, Gherardi, Coldwell, and Berg in promotion of the sale of the Property constitute advertisements under the Minnesota False Statement in Advertisement Act. 196. WPLLC, Stephenson, Gherardi, Coldwell, and Berg made misrepresentations and misleading statements, engaged in deceptive practices, and sold the Property under the false pretense perpetuated by advertising materials held out to the public, including but not limited to the Survey, suggesting that the Property was not encumbered by the Conservation Easement and that it did not have material defects. 197. WPLLC, Stephenson, Gherardi, Coldwell, and Berg intended to induce the Plaintiffs or another buyer to purchase the Property in reliance on such false representations. 198. Plaintiffs did reasonably rely on such representations in purchasing the Property. 199. Plaintiffs did not know, and did not have reason to know, of the existence of the Conservation Easement or the defective condition of the Property. 200. The deceptive advertising practices of WPLLC, Stephenson, Gherardi, Coldwell, and Berg constitute a violation of the Minnesota False Statement in Advertisement Act, Minn. Stat. § 325F.67. 30 201. Plaintiffs have suffered damages as a result of the deceptive advertising practices of WPLLC, Stephenson, Gherardi, Coldwell, and Berg with respect to the Conservation Easement and the defective condition of the Property. 202. Pursuant to Minnesota Statutes section 8.31 and the Minnesota False Statement in Advertisement Act, Minn. Stat. § 325F.67, Plaintiffs are entitled to damages, together with costs and disbursements, including costs of investigation and reasonable attorney's fees. To the extent these damages can be measured, they include at least (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. 203. Pursuant to Minnesota Statutes section 8.31 and the Minnesota False Statement in Advertisement Act, Minn. Stat. § 325F.67, this Court may issue an injunction prohibiting WPLLC, Stephenson, Gherardi, Coldwell, and Berg from further fraudulent advertising in connection with the sale of the Property and Adjacent Land and prohibiting such Defendants from engaging in similar, future acts as applied to any other real property. 204. Besides providing a remedy to Plaintiffs themselves, Plaintiffs' claim benefits the public as a whole in that WPLLC, Stephenson, Gherardi, Coldwell, and Berg deceptively held out the Property to the public. The claim helps protect the public from WPLLC, Stephenson, Gherardi, Coldwell, and Berg engaging in similar fraudulent and deceptive acts in the course of future real property transactions. 31 Count XIII (WPLLC, Stephenson, Gherardi, Coldwell, and Berg) Negligent Misrepresentation with Respect to the Condition of the Property 205. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 206. WPLLC, Stephenson, Gherardi, Coldwell, and Berg all had a pecuniary interest in the sale of the Property. 207. WPLLC, Stephenson, Gherardi, Coldwell, and Berg supplied false information with respect to the condition of the Property, both by describing its condition as "excellent" and by effecting cosmetic repairs that would convey the false impression that the Property was in good condition. 208. Plaintiffs justifiably relied upon the false information provided by WPLLC, Stephenson, Gherardi, Coldwell, and Berg. 209. WPLLC, Stephenson, Gherardi, Coldwell, and Berg were aware of Plaintiffs' mistaken belief that the Property was in excellent condition. 210. WPLLC, Stephenson, Gherardi, Coldwell, and Berg failed to exercise reasonable care or competence in communicating the true condition of the Property to Plaintiffs. 211. Plaintiffs have suffered damages as a result of the negligent misrepresentations of WPLLC, Stephenson, Gherardi, Coldwell, and Berg. 212. To the extent these damages can be measured, they include at least the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. 32 COUNT XIV (Coldwell and Berg) Breach of the Duty of Disclosure of Broker/Real Estate Salesperson in Violation of Minn. Stat. 82.68 213. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 214. Coldwell and Berg were licensed real estate salespersons and brokers at the time this cause of action arose. 215. Coldwell and Berg were subject to the statutory duty to affirmatively disclose to a prospective purchaser all material facts of which they are aware. _ 216. Berg, acting for Coldwell, was aware of both the defective condition of the Property and of his client's intent to subdivide the Property and obtain a Conservation Easement, and of the fact that such information was material to any buyer of the Property. 217. Berg failed to disclose such information to the Plaintiffs. 218. Berg failed to correct the Plaintiffs' material mistaken belief as to the condition of the Property. 219. Berg, acting for Coldwell, was provided with a copy of an inspection report about the physical condition of the Property prepared on behalf of Plaintiffs. 220. Berg, on behalf of Coldwell, was aware of Plaintiffs' mistaken belief of the condition of the Property 221. Plaintiffs have suffered damages as a result of Berg's and Coldwell's failure to disclose as required by statute. 33 222. To the extent these damages can be measured, they include at least (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. COUNT XV (Coldwell) Breach of Real Estate Broker's Standard of Conduct Under Minn. Stat. & 82.73 223. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 224. Coldwell was a duly licensed real estate broker at the time this cause of action arose. 225. Coldwell had a statutory duty to supervise its personnel. 226. Coldwell failed to adequately supervise Berg, which permitted his above- described misconduct. 227. Plaintiffs have suffered damages as a result of Coldwell's failed supervision of Berg. 228. To the extent these damages can be measured, they include at least (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. 34 COUNT XVI (JNJ, Brennan Properties, and Brennan) Breach of Statutory Home Improvement Warranties Under Minn. Stat. § 327A 229. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 230. JNJ and Brennan Properties contracted to complete, and did complete, under Brennan's management, home improvement work involving major structural changes or additions to the Property, a residential building. 231. Plaintiffs have uncovered substantial defects in the Property caused by faulty workmanship and defective materials, noncompliance with building standards, and major construction defects, as well as faulty installation of heating and cooling systems. 232. Said defects include, but are not limited to, improper grading around the improvements on the Property, inadequate moisture abatement measures in the home, the connection of a gas range to a propane line, the installation a dishwasher without a drainage line, and the installation of an HVAC system that is inadequate for reasons including the fact that the ductwork was filled with trash and construction debris. 233. JNJ, Brennan Properties, and Brennan received within the statutory warranty period notice of the defects more than 30 days prior to this filing. 234. JNJ, Brennan Properties, and Brennan have had the opportunity to inspect the Property. 235. JNJ, Brennan Properties, and Brennan have failed to offer their own plan of repair more than 15 days after they inspected the Property. 35 236. Plaintiffs have suffered damages as a result of JNJ's and Brennan Properties' breaches of statutory home improvement warranties. 237. To the extent these damages can be measured, they include at least the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. COUNT XVII (JNJ, Brennan Properties, and Brennan) Contractor Negligence 238. Plaintiffs restate and re-allege all preceding paragraphs of this Complaint as if fully set forth herein. 239. In agreeing to complete repairs on the Property, including major structural repairs, JNJ, Brennan, and Brennan Construction undertook a duty of care to perform such work competently and without major defects, and consistent with the standards of contractors within the community. 240. Plaintiffs have discovered substantial defects in the Property caused by faulty workmanship and defective materials, noncompliance with building standards, and major construction defects, as well as faulty installation of heating and cooling systems. 241. The substantial defects Plaintiffs have discovered include, but are not limited to, improper grading around the improvements on the Property, inadequate moisture abatement measures in the home, the connection of a gas range to a propane line, the installation of a dishwasher without a drainage line, and the installation of an HVAC system that is inadequate for reasons including the fact that the ductwork was filled with trash and construction debris. 36 242. The substantial defects Plaintiffs have discovered were caused by JNJ's and Brennan Properties' faulty workmanship and constitute a breach of JNJ's and Brennan Properties' duty of care to the Plaintiffs. 243. Plaintiffs have suffered damages as a result of JNJ's and Brennan Properties' negligence. 244. To the extent these damages can be measured, they include at least the cost of repairs necessary to correct the defects to the Property. Recovery of reasonable damages in an amount greater than $50,000 is sought. V. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court enter an order and judgment in their favor and against Defendants as follows: (a) For Declaratory Judgment that the Conservation Easement is invalid, ineffective, and unenforceable against Plaintiffs; (b) For Declaratory Judgment that the Subdivision Resolution is invalid and ineffective, and that the Property and the Adjacent Land are undivided; (c) For rescission of the Purchase Agreement; (d) For an award of damages against all Defendants,jointly and severally, equal to the costs expended by Plaintiffs for repairs necessary to correct the defects of the Property in an amount greater than $50,000 to be proven at trial; (e) If rescission is not granted, for an award of damages against all Defendants, jointly and severally, equal to (i) the difference between the value of the Property unencumbered by the Conservation Easement and the value as encumbered, and (ii) the 37 cost of repairs necessary to correct the defects to the Property, in an amount greater than $50,000 to be proven at trial; (f) For an injunction prohibiting Stephenson, WPLLC, Gherardi, Coldwell, and Berg from further fraudulent marketing, advertising, and sale of the Property and Adjacent Land and prohibiting such Defendants from engaging in similar, future acts as applied to any other real property; (g) For attorney's fees and costs; and (h) For such further relief as the Court deems appropriate. Dated: November 15, 2013 DORSEY & WHITNEY LLP By/s/Eric Ruzicka Eric Ruzicka#313373 David Faith #389687 Kurt G. Whitman #392787 Suite 1500, 50 South Sixth Street Minneapolis, MN 55402-1498 Telephone: (612) 340-2600 Attorneys for Plaintiffs Alexandra and Brian Wilcox ACKNOWLEDGMENT The undersigned hereby acknowledges that sanctions may be imposed under Minn. Stat. § 549.211. DORSEY & WHITNEY LLP /s/Eric Ruzicka Eric Ruzicka 38 Exhibit A Authentisign ID:16706484-ACC8-47DF-BAD7-E7DEFF933E7F COUNTEROFFER ADDENDUM This tom approved by the Minnesota Association of REALTORS', Real, which disclaims any liability arising out of use or misuse of this form. Cr2007 Minnesota Association of REALTORS',Edina,MN 1. Date _..__ 02/15/13 2. Page _ 3. Addendum to Purchase Agreement,Counteroffer Number 4. by x❑Buyer❑Seller to the Purchase Agreement,dated February 11th ,20 13 •---•-(Chedr one.)-- 5. and and signed by Buyer, Brian Wilcox & Alexandra McDermott 6. pertaining to the purchase and sale of the property located at 4550 Wolverton Place 7. Orono MN 55359 8. [CAUTION: This Counteroffer Addendum does not Include the terms or conditions In any-other 9. counteroffer.) 10. The Purchase Agreement is rejected and the following Counteroffer is hereby made.All terms and conditions remain 11. the same,as slated in the Purchase Agreement,except the following: 12. (Select appropriate changes from original offer.) 13. Sale price shall be$ 1,050,000.00 14. f Earnest money shall be a total of S 15. U Cash of at least percent(%)of the sale price,which includes the earnest money; PLUS; 16. ❑ Financing, the total amount secured against the property to fund the purchase, not to exceed 17. percent(%)of the sale price. 18. ❑ Closing date shall be ,20 19. ❑ Seller agrees to complete all FHA/Lender required repairs,not to exceed$ 20. ❑ Seller shall pay Buyer's closing costs,prepaids,insurance and 21, not to exceed S 22. ❑ Possession shrill be on_ _ , 20 _ 23. Q Other: 24. Final approval for financing April 1st, 2013. Remove Buyers First Right of Refusal on sale of neighboring lot (5 acre 25. parcel) . 26. 27. cu3E&!$O1.F BAu-.A 59-A<O, -" ' 02!16/2013 ( 28. 2n6/2o1312118:Sa Pin (Dly` . I� l (Sellers Signature) ate) (e) . :brat f-(Date) 29. mr- (Seller's Signature) (Date) ;t 41 gnat .1 -..___.) (Date) 30. This Counteroffer Addendum is❑REJECTED❑COUNTERED •------•--••--(Check one)•--••-.-•••---... (initial) (initial) 34 . ATTACH ONLY THE FINAL COUNTEROFFER ADDENDUM TO THE PURCHASE AGREEMENT. 32. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)ANO SELLER(S). 33. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. ER 167.1(07/07) /star ;� orms Authentisign ID:16706484•ACCB 47DF-8A07-E7DEFF933E7F • E111C1 't PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS', which disclaims any liability arising out of use or misuse of this form. 02012 Minnesota Association of REALTORSe,Edina,MN 1. Date 02/11/13 2. Page 1 of 3. RECEIVED OF Brian Wilcox and Alexandra McDermott 4. 5. the sum of Forty Thousand Dollars($ 40,000.00 ) 6. by[Xj CHECK❑CASH ❑ NOTE as earnest money to be deposited upon Final Acceptance of Purchase -(Check one.)-- 7. Agreement by all parties,on or before the third Business Day after Final Acceptance,in the trust account of fisting 8. broker,unless otherwise agreed to In writing,but to be returned to Buyer if Purchase Agreement is not accepted 9. by Seller, -- 10. Said earnest money is part payment for the purchase of the property located at 11. Street Address: 4550 Wolverton Place 12. City of Orono ,County of Hennepin 13. State of Minnesota,legally described as Lot 001 Block 001 PDXPYRR ESTATES 14. 15. 16. 17. including all fixtures on the following property, if any, owned by Seller and used and located on said properly, 18. including but not limited to garden bulbs, plants, shrubs and trees; storm sash, storm doors, screens and awnings; 19. window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs; plumbing 20. fixtures,water heater,heating plants(with any burners,non-fuel tanks,stokers and other equipment used In connection 21. therewith),built-in air-conditioning equipment,electronic air filter,water softener[DOWNED❑RENTED❑NONE, ----(Check one.) --• 22. built-in humidifier and dehumidifier, liquid fuel tank(s) ❑X OWNED ❑ RENTED ❑ NONE and controls (if the --(Check one.)--- 23. property of Seller), sump pump; attached television antenna, cable TV Jacks and wiring; BUILT-INS: dishwashers, 24. garbage disposals, trash compactors, ovens, cook-top stoves, microwave ovens, hood fans, intercoms; 25. ATTACHED:carpeting;mirrors;garage door openers and all controls;smoke detectors;fireplace screens,doors and 26. healifators;AND the following personal property: 27. • 28. 29, 30. all of which property Seller has this day agreed to sell to Buyer for sum of($ 500,000.00 31. Nine Hundred thousand Dollars, 32. which Buyer agrees to pay in the following manner: 33. 1. Cash of 20 percent(%)of the sale price,or more in Buyer's sole discretion,which Includes the earnest 34. money;PLUS 35. 2. Financing of 60 percent(%)of the sale price,which will be the total amount secured against this properly 36. to fund this purchase. 37. Such financing shall be (check one) ❑a first mortgage;I I a contract for deed; or LI a first mortgage with 38. subordinate financing,as described in the attached Addendum: 39. ❑X Conventional ❑FHA ❑DVA ❑Assumption LI Contract for Deed❑Other: -- --(Check one.)- 40. ne.)- 40. The date of closing shall be May 15th , 20 13 MN:PA-f (8/12) ER 170-1 f8/12) InstalOt Toms Authentisign ID:16706484-ACC8-470E-8i07-E7DEFF933E7F • CIIl2Cl `.^ PURCHASE AGREEMENT Real 41. Page 2 Date- 02/12/13 42. Property located at 4550 Wolverton Place Orono • 43. This Purchase Agreement❑IS 0 IS NOT subject to a ContingencyAddendum for sale of Buyer's property. • ----•(Checkaa.)-- 44. (If answer Is IS,see attached Addendum.) 45. (If answer is IS NOT,the closing of Buyer's property,If any,may still affect Buyer's ability to obtain financing,it financing 46. is applicable.) 47. This Purchase Agreement❑IS[3 IS NOT subject to cancellation of a previously written purchase agreement 48. dated dated ,20 49. (If answer is IS,said cancellation shall be obtained no later than , 20 . If 50. said cancellation Is not obtained by said date,this Purchase Agreement is canceled.Buyer and Setter shall Immediately 51. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 52. hereunder to be refunded to Buyer.) 53. Buyer has been made aware of the availability of property Inspections. Buyer ED Elects ❑ Declines to have a --(Chadr one.)-•--- 54. property inspection performed at Buyer's expense. 55. This Purchase Agreement[]IS❑IS NOT subject to an Inspection Contingency Addondum. --(Cheatoae.)-• 56. (II answer is IS,see attached Addendum.) 57. DEED/MARKETABLE TITLE: Upon performance by Buyer,Seller shall deliver a 58. ❑x Warranty Deed or❑ Other: -__ Deed joined In by spouse, If any, conveying --------.._._._....__.-...�Axk Coe.}•-------..�.,...._..-_. 59. marketable title,subject to 60. (a) building and zoning laws,ordinances,and state and federal regulations; 61. (b) restrictions relating to use or Improvement of the property without effective forfeiture provisions; 62. (c) reservation of any mineral rights by the State of Minnesota; 63. (d) utility and drainage easements which do not Interfere with existing improvements; 64. (e)rights of tenants as follows(unless specified,not subject to tenancies): 65. ;and 66. (I) others (must be specified in writing): 67. 68, Seller shall pay on the date of dosing all real estate taxes due and payable In all prior years Including all penalties and 69. interest. 70. ❑BUYER SHALL PAY x SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green 71. Acres)or special assessments,payment of which is required as a result of the closing of this sale. 72. 0 BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING [J SELLER SHALL PAY ON _..-_.J. _...-� (ChauY one.}-.-.,.--•--•----._�...__.---•---.-....-__._ 73. DATE OF CLOSING all installments of special assessments certified for payment,with the real estate taxes due and 74. payable In the year of closing. 75. ❑BUYER SHALL ASSUME 0 SELLER SHALL PAY on date of closing all other special assessments levied as ----------------(cox cnv. 76. of the date of this Purchase Agreement. 77. ❑BUYER SHALL ASSUME g SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as 78. of the date of this Purchase Agreement for improvements that have been ordered by any assessing authorities.(Seller's 79. provision for payment shall be by payment Into escrow of two(2)times the estimated amount of the assessments or no. less,as required by Buyer's lender.) MN:PA-2(8112) ER 170.2(8/12) /ostart orms Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F 0111.0-g PURCHASE AGREEMENT 81. Page 3 Date 02/1./13 82. Property located at 4550 Wolverton Place Orono 83. Buyer shall pay any unpaid special assessments payable in the year following dosing and thereafter,the payment of 84. which is not otherwise herein provided. 86. As of the date of this Purchase Agreement, Seller represents that Seller❑HAS[x]HAS NOT received a notice --(Check one.}••-•-.- 86. regarding any new improvement project from any assessing authorities,the costs of which project may be assessed 87. against the property.Any such notice received by Seller after the date of this Purchase Agreement and before closing 88. shall be provided to Buyer immediately. If such notice Is issued after the date of this Purchase Agreement and on 89. or before the date of closing,then the parties may agree in writing,on or before the date of closing,to pay,provide 90. for the payment of or assume the special assessments.In the absence of such agreement,either party may declare 91. this Purchase Agreement canceled by written notice to the other party,or licensee representing or assisting the other 92. party,In which case this Purchase Agreement is canceled.If either party declares this Purchase Agreement canceled, 93. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 94. directing all earnest money paid hereunder to be refunded to Buyer. 96. Buyer shall pay{j PRORATED FROM DAY OF CLOSING❑ 12ths OF0ALL❑NO real estate taxes due (caeca one.) 96. and payable in the year 20 13 97. Setter shall pay 0 PRORATED TO DAY OF CLOSING 0 12ths OF❑ALL ]NO real estate taxes due and _(caack one) --- --.- 98. payable in the year 20 13 .it the closing date Is changed,the real estate taxes paid shall,I prorated,be adjusted 99, to the new closing date.Seiler warrants taxes due and payable in the year 20 13 shall be ID FULL-0 PART f NON- - 100. homestead classification. 101. If part-or non-homestead classification Is checked,Seller agrees to pay Buyer at closing S .00 102. toward the non-homestead real estate taxes. Buyer agrees to pay any remaining balance of non-homestead taxes 103. when they become due and payable.Buyer shall pay real estate taxes due and payable in the year following closing 104. and thereafter,the payment of which is not otherwise herein provided.No representations are made concerning the 105. amount of subsequent real estate taxes. 106. POSSESSION: Setter shall deliver possession of the property no later than day of close after closing. 107. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property 108. by possession date, 109. PROBATIONS:All interest;unit owners'association dues;rents;and charges for city water,city sower,electricity and 110. natural gas shall be prorated between the parties as of date of closing.Buyer shall pay Seller for remaining gallons of 111. fuel oil or liquid petroleum gas on the day of closing,at the rate of the last till by Seller. 112. TITLE AND EXAMINATION:As quickly as reasonably possible after Final Acceptance of this Purchase Agreement: 113. (a) Seller shall surrender any abstract of title and a copy of any owner's title insurance policy for the property,if 114. in Seiler's possession or control,to Buyer or Buyer's designated title service provider;and 115. (b) Buyer shall obtain the title services determined necessary or desirable by Buyer or Buyer's lender,including 116. but not limited to title searches,title examinations,abstracting,a title insurance commitment or an attorney's 117. title opinion at Buyer's selection and cost and provide a copy to Setter. • 118. Seller shall use Seller's best efforts to provide marketable title by the date of closing.Seller agrees to pay all costs 119. and fees necessary to convey marketable title including obtaining and recording all required documents, subject to the 120. following: 121. in the event Seller has not provided marketable title by the date of closing,Seiler shall have an additional 30 days to 122, make title marketable,or In the alternative,Buyer may waive title defects by written notice to Seller.In addition to 123. the 30-day extension,Buyer and Seller may,by mutual agreement,further extend the closing dale.Lacking such 124. extension, either party may declare this Purchase Agreement canceled by written notice to the other party, or 125. licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either 126. party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of 127. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded 128. to Buyer. MN:PA-3(8112) En 170.3(8112) /IJstafeit (forms Authentisign ID:16706484-ACCB-47DF-8407-E7DEFF933E7F }� din � PURCHASE AGREEMENT -ateezereeeea� $ 129. Page 4 Date 02/11/13 130. Property located at 4550 Wolverton Place Orono 131. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay 132. all subdivision expenses and obtain all necessary governmental approvals.Seller warrants that the Legal description 133. of the real property to be Conveyed has been or shall be approved for recording as of the date of closing.Seller warrants 134. that the buildings are or shall be constructed entirely within the boundary lines of the property. Seller warrants that 135. there Is a right of access to the property from a public right-of-way.These warranties shall survive the delivery of the 136. deed or contract for deed. 137. MECHANIC'S LIENS:Seiler warrants that prior to the closing,payment in full will have been made for all labor,materials, 138. machinery, fixtures or tools furnished within the 120 days Immediately preceding the closing in connection with 139. construction,alteration or repair of any structure on,or Improvement to,the property. 140. NOTICES:Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 141. proceedings,or violation of any law,ordinance or regulation.It the property Is subject to restrictive covenants,Seller 142. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants.Any 143. such notices received by Seller shall be provided to Buyer immediately. 144. DIMENSIONS:Buyer acknowledges any dimensions,square footage or acreage of land or improvements provided 145. by Seller, third party, or broker representing or assisting Seller are approximate, Buyer shall verify the accuracy of 146. information to Buyer's satisfaction,iI material,at Buyer's sole cost and expense. 147. ACCESS: Seller agrees to allow reasonable access to the property for performance of any surveys or Inspections 148. agreed to herein. 149. RISK OF LOSS:It there is any loss or damage to the property between the date hereof and the date of closing for any 150. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the property 151. is destroyed or substantially damaged before the closing date,this Purchase Agreement Is canceled,at Buyer's option, 152. by written notice to Seller or licensee representing or assisting Seller. It Buyer cancels this Purchase Agreement, 153. Buyer and Seller shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 154. directing all earnest money paid hereunder to be refunded to Buyer. 155. TIME OF ESSENCE:Time is of the essence in this Purchase Agreement. 156. ENTIRE AGREEMENT:This Purchase Agreement, any attached exhibits and any addenda or amendments signed 157. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any other written or 158, oral agreements between Seller and Buyer.This Purchase Agreement can be modified or canceled only In writing 159. signed by seller and Buyer or by operation of law.The parties agree the electronic signature of any party on any document 160. related to this transaction constitute valid, binding signatures.All monetary sums are deemed to be United States 161. currency for purposes of this Purchase Agreement.Buyer or Seller may be required to pay certain dosing costs,which 162. may effectively increase the cash outlay at closing or reduce the proceeds from the sale. 163. FINAL ACCEPTANCE:To be binding, this Purchase Agreement must be fully executed by both parties and a copy 164. must be delivered. 165. CALCULATION OF DAYS:Any calculation of days begins on the first day(calendar or Business Days as specified) 166. following the occurrence of the event specified and includes subsequent days(calendar or Business Days as specified) 167. ending at 11:59 P.M.on the last day. 168. BUSINESS DAYS:"Business Days"are days which are not Saturdays,Sundays or state or federal holidays unless 169. stated elsewhere by the parties In writing. 170. DEFAULT:if Buyer defaults in any of the agreements herein,Seller may cancel this Purchase Agreement,and any 171. payments made hereunder, including earnest money, shall be retained by Seller as liquidated damages and Buyer 172. and Seller shall affirm the same by a written cancellation agreement. 173. If Buyer defaults in any of the agreements hereunder, Seller may terminate this Purchase Agreement under the 174. provisions of MN Statute 559.21.If either Buyer or Seller defaults In any of the agreements hereunder or there exists 175. an unfulfilled condition after the date specified for fulfillment,either party may cancel this Purchase Agreement under 176. MN Statute 559.217,Subd.3.Whenever It Is provided herein that this Purchase Agreement is canceled,said language 177. shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 559.217,Subd,4. 178. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seller may seek actual 179. damages for breach oh this Purchase Agreement or specific performance of this Purchase Agreement;and, as to 180. specific performance,such action must be commenced within six(6)months after such right of action arises. MAN:PA•4(8(12) ER 170.4(5r121 lTs >< Authentisign ID:16706484-ACC8-470E-8AD7-E7DEFF933E7F Edina{ PURCHASE AGREEMENT teattW ta ;Y 181. Page 5 Date 02/11/13 182. Properly located at 4550 Wolverton Place Orono 183. BUYER HAS THE RIGHT TO A WALK-THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 184. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE DATE OF 185. THIS PURCHASE AGREEMENT. 186. BUYER HAS RECEIVED A(check any that apply):Q SELLER'S PROPERTY DISCLOSURE STATEMENT OR A 187. OQ SELLER'S DISCLOSURE ALTERNATIVES FORM. 188. DESCRIPTION OF PROPERTY CONDITION: See Seller's Property Disclosure Statement or Seller's Disclosure 189. Alternatives for description of disclosure responsibilities and limitations,If any. 190. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 191. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING THE CONDITION 192. OF THE PROPERTY. 193. (Check appropriate boxes.) 194. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 195. CITY SEWER 0 YES X❑NO / CITY WATER 0 YES f NO 196. SUBSURFACE SEWAGE TREATMENT SYSTEM 197. SELLER CERTIFIES THAT SELLER©DOES❑DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT 198, SYSTEM ON OR SERVING THE PROPERTY. (If answer is DOES, and the system does not require a state permit, 199. see Subsurface Sewage Treatment System Disclosure Statement.) 200. PRIVATE WELb 201. SELLER CERTIFIES THAT SELLER ® DOES [] DOES NOT KNOW OF A WELL ON OR SERVING THE 202. PROPERTY.(If answer is DOES and well is located on the property,see Well D/sciosuro Statement.) 203. THIS PURCHASE AGREEMENT EDIS❑IS NOT SUBJECT TO A SUBSURFACE SEWAGE TREATMENT SYSTEM ----(Check one.)--- 204. AND WELL INSPECTION CONTINGENCY ADDENDUM.(If answer is IS,see attached Addendum.) 205. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 206, RECEIVED A WELL DISCLOSURE STATEMENT AND/OR A SUBSURFACE SEWAGE TREATMENT SYSTEM 207. DISCLOSURE STATEMENT. - 208, NOTICE REGARDING PREDATORY OFFENDER INFORMATION:information regarding the predatory offender 209. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be obtained 210. by contacting the local law enforcement offices In the community where the property Is located or the Minnesota 211. Department of Corrections at (651) 361-7200, or from the Department of Corrections web site at 212. www.corr.state.mn.us. 213. HOME PROTECTION/WARRANTY PLAN:Buyer and Seller are advised to investigate the various home protection/ 214. warranty plans available for purchase. Different home protection/warranty plans have different coverage options, 215. exclusions, limitations and service fees.Most plans exclude pre-existing conditions. (Check one.) 216. QX A Home Protection/Warranty Plan will be obtained and paid by❑BUYER QX SELLER to be issued by Edina 217. Hone Services ata cost not to exceed S 500.00 218. ❑ There will be no Home Protection/Warranty Plan as part of this Agreement. MN:PA•5(8112) ER 170.5(8/12) r• Authentisign ID:16706484-ACC8-47DF-8P07-E7DEFF933E7F PURCHASE AGREEMENT 219. Page 6 Date 02/11/13 220. Property located at 4550 Wolverton Place Orono 221. NOTICE 222. Stephanie Chandler _ is❑Seller's AgentxQ Buyer's Agent Q Dual Agent D Facilitator. (Lkensee) ..------ (Check a,e.1_...____ .._-_._._ 223. Edina Realty, Inc. (Real Estate Company Name) 224. _ ____,.,__Barry L Berg is g Seller's Agent Q Buyer's Agent Q Dual Agent Q Facilitator. (Licensee) 225. Caldwell Banker Burnet (Real Estate Company Name) • 226. THIS NOTICE DOES Nal SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 227. DUAL AGENCY REPRESENTATION 228. PLEASE CHECK QNE OF THE FOLLOWING SELECTIONS: 229. Q Dual Agency representation DOES NOT apply in this transaction.Do not complete lines 230.246. 230. 0 Dual Agency representation DOES apply In this transaction. Complete the disclosure in lines 231-246. 231. Broker represents both the Seller(s) and the Buyer(s)of the property involved In this transaction, which creates a 232. dual agency.This means that Broker and Its salespersons owe fiduciary duties to both Seller(s)and Buyer(s).Because 233. the parties may have conflicting interests,Broker and its salespersons are prohibited from advocating exclusively for 234. either party. Broker cannot act as a dual agent in this transaction without the consent of both Seller(s)and Buyer(s). 235. Seiler(s)and Buyer(s)acknowledge that 236. (1) confidential information communicated to Broker which regards price,terms,or motivation to buy or sell will 237. remain confidential unless Selter(s)or Buyer(s)instructs Broker in writing to disclose this information, Other 238. Information will be shared; 239. (2) Broker and Its salespersons will not represent the Interest of either party to the detriment of the other;and 240. (3) within the limits of dual agency,Broker and Its salespersons will work diligently to facilitate the mechanics of 241. the sale. 242. With the knowledge and understanding of the explanation above,Seller(s)and Buyer(s)authorize and instruct Broker 243. and its salesperson to act as dual agents in this transaction. t • 244. Seller-_ Buyer l .x 245. Seller Buyer_A 4 alt 246. Date Date 247. OTHER: 248. 249. _ 250. 251. 252. • -253. 254. 255. 256. 257. MMR:PA-6(e112) ER 179-6(6112) /lJSta4t forms Authentisign ID:16706484-ACC8 47DF-8P07-E7DEFF933E7F GI •"_�5 PURCHASE AGREEMENT � :n r6 258. Page 7 Date 02/11/13 259. Property located at 4550 Wolverton Place Orono 260. ADDENDA AND PAGE NUMBERING: Attached addenda are a part of this Purchase Agreement. 261. Enter total number of pages of this Purchase Agreement,including addenda,on line two(2)of page one(1). 262. NOTE:Disclosures and optional Arbitration Agreement are not part of this Purchase Agreement and should 263. not be part of the page numbering. 264. I,the owner of the property,accept this Purchase I agree to purchase the property for the price and on 265. Agreement and authorize the listing broker to withdraw the terms and conditions set forth above 266. said property from the market,unless instructed I have reviewed all pages of this Purchase 267. otherwise in writing. Agreement. 268. I have reviewed all pages of this Purchase Agreement, 269. I1 checked,this Purchase Agreement Is subject to 270. altaatatLfAiusiierafferAddendum. (a 8-/R (/3 27i. X E,h• -�" 02/16/2013 X (seers Sgeature) (Dale) Pure s 'natwel (Date) 272. X Revis Stephenson x Brian Wilcox (Serer's Panted Name) (Buyer's Printed Name) 273. X XMarried (Marital Status) (Marna Status) t 274. X — X 1 ,r /( a4 !('h , (sews s Sgnature) (Date) r S'.nature) (Date) 275. X X Alexandra McDermott (Sev'er's Panted Name) (etryer's Printed Narita) 276. X X Married (Mart:al Status) (Mantel StatuS) 277. FINAL ACCEPTANCE DATE: The Final Acceptance Date 278. Is the date on which the fully executed Purchase Agreement Is delivered. 279. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 280. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. 281. I ACKNOWLEDGE THAT HAVE RECEIVED AND HAVE HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION 282. DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT,WHICH IS AN OPTIONAL, 283. VOLUNTARY AGREEMENT AND IS NOT PART OF THIS PURCHASE AGREEMENT, 8B8E1896-C9S2J90E-96E9 .F-- hWit__—�_.-4, 284. SELLER(S)__ 2J16/2013 12:19:06 PM _ BUYER(S) 1 B l•T 1 ` 285. SELLER(S) - BUYER(S)-41 t� dra McDermott tt1N:PA-7(9/12) ER 170-7(S/12) f stat Corms Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F P.Edifla u FINANCING ADDENDUM 4 CONVENTIONAL OR PRIVATELY INSURED CONVENTIONAL MORTGAGE This kern approved by the Minnesota Association of REALTORS', which disclaims arty tlabwty arising out of use or misuse of this form. ©2011 Minnesota Association of REALTORS',Edina,MN 1. Date 02/11/13 2, Page 3. Addendum to Purchase Agreement between parties,dated February 11th ,20 13 ,pertaining to the 4. purchase and sale of the property at 4550 Wolverton Place 5 Orono 1*1 55355 6. Financing will boa D FIRST MORTGAGE only ❑FIRST MORTGAGE AND SUBORDINATE FINANCING. (CA.ftk orae.}.____. .-. ......_.._-...._-. 7. Buyer shall apply for and secure,at Buyer's expense,a 8. ❑Q CONVENTIONAL ❑ PRIVATELY INSURED CONVENTIONAL fixed First Mortgage ted,ARM) 9. amortized monthly over a period of not more than _II_ years, with an initial mortgage interest rate at 10. no more than :market rate percent('/e)per annum. 11. The mortgage application IS TO BE MADE WITHIN FIVE(5) BUSINESS DAYS atter the Final Acceptance of this 12. Purchase Agreement.Buyer agrees to use best efforts to secure a commitment for such financing and to execute all 13. documents required to consummate said financing. 14. SELLER'S CONTRIBUTIONS TO BUYER'S COSTS:Seller []IS DM NOT contributing to Buyer's costs.1(fS,see ----(cneek 15. attached Seller's Contributions to Buyer's Costs Addendum. 16. FINANCING CONTINGENCY: This Purchase Agreement is contingent upon the following and applies to the first 17. mortgage and any subordinate financing. 18. (Check ono.) 19. ❑ If Buyer cannot secure the financing specified in this Purchase Agreement,and this Purchase Agreement does not 20. close on the closing date specified,this Purchase Agreement Is canceled. Buyer end Seller shall immediately 21. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money to be 22. ❑REFUNDED TO BUYER ID FORFEITED TO SELLER. (Clsce(one.)----'----------- 23. ID Buyer shall provide Seller, or licensee representing or assisting Seller, with the Written Statement, on 24. or beforereh 01 ,20 13 25. For purposes of this Contingency,`Written Statement"means a Written Statement prepared by Buyer's mortgage 26. origInator(s)or lender(s)after the Final Acceptance Date that Buyer Is approved for the loans)specified in this 27. Purchase Agreement,Including both the first mortgage arid any subordinate financing,if any,and stating that an 28. appraisal,satisfactory to the lender(s),has been completed and stating conditions required by lender(s)to close 29, the loan. 30. Upon delivery of the Written Statement to Seller, or licensee representing or assisting Seller, the responsibility 31. for satisfying all conditions, except work orders, required by mortgage originator(s) or lender(s) are deemed 32. accepted by Buyer. Upon delivery of the Written Statement, if this Purchase Agreement does not close on the 33. stated closing date for ANY REASON relating to financing, other than Seller's failure to complete work orders to 34. the extent required by this Purchase Agreement,Including but not limited to Interest rate and discount points, if 35. any,Seller may,at Seller's option,declare this Purchase Agreement canceled,In which case this Purchase Agreement 36. Is canceled. If Seiler declares this Purchase Agreement canceled, Buyer and Seller shall Immediately sign a 37. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder 38. to be forfeited to Seller as liquidated damages.In the alternative,Seller may seek all other remedies allowed by 39. law. 40. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 41. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MN:FACM•1(8111) ER 175.1(Brit) i start Corms Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F r Edlta' FINANCING ADDENDUM CONVENTIONAL OR PRIVATELY is INSURED CONVENTIONAL MORTGAGE 42. Page 43. Propertylocated at 4550 Wolverton Place Orono 44. If the Written Statement is not provided by the date specified on line 24,Seller may,at Seller's option,declare this 45. Purchase Agreement canceled by written notice to Buyer at any time prior to Seller receiving the Written Statement, 46. in which case this Purchase Agreement is canceled.in the event Seller declares this Purchase Agreement canceled, 47. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 48. directing all earnest money paid hereunder to be refunded to Buyer. 49. If the Written Statement is not provided,and Seller has not previously canceled this Purchase Agreement, this 50. Purchase Agreement Is canceled as of the closing date specified in this Purchase Agreement. Buyer and Seller 51. shall Immediately sign a Cancellation of PurchaseAgreement confirming said cancellation and directing all earnest 52. money paid hereunder to be refunded to Buyer. 53. PRIVATE MORTGAGE INSURANCE(PMI):PMI may be required by the lending Institution(s).Buyer agrees to pay 54. all subsequent years' mortgage insurance premiums as required by the lending Institution(s). The said mortgage 55. insurance premiums will increase the mortgage amount unless paid in cash at closing. 56. LOCKING OF MORTGAGE INTEREST RATE (RATE): The Rate shall be locked with the lender(s) by Buyer 57. (check one): 58. ❑WITHIN FiVE(5)BUSINESS DAYS OF FINAL ACCEPTANCE OF THIS PURCHASE AGREEMENT;OR 59. Qx AT ANY TIME PRIOR TO CLOSING OR AS REQUIRED BY LENDER(S). 60. LENDER COMMITMENT WORK ORDERS: Nothing In this Purchase Agreement shall be construed as a 61. warranty that Seller shall make repairs required by the lender commitment. However, Seller agrees to pay up to 62. 5 500.00 to make repairs as required by the lender commitment,If the lender commitment 63. is subject to any work orders for which the cost of making said repairs shall exceed this amount,Seller shall have the 64. following options: 65. (a) making the necessary repairs;or 66. (b) negotiating the cost of making said repairs with Buyer;or 67. (c) declaring this Purchase Agreement canceled,In which case this Purchase Agreement Is canceled.Buyer and Seller 66. shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 69. money paid hereunder to be refunded to Buyer,unless Buyer provides for payment of the cost of said repairs or 70. escrow amounts related thereto above the amount specified on line 62 of this Addendum. 71, OTHER: 72. 73. 74. 75. 76. BEICAABBF-0E01-47FA_81375 02/16/2013 77. 2/16/2013 12:19:10 PM i 1(I 3 (Senor (031x) (Buye Irian ^ileo. 78. \ (n (Date) . ` e)-jf (Sega Mate) (Buy•r) Alexa ira o'•ermott ate) 79. THIS IS A LEGALLY BINDING CONTRACT B WEEN BUYER(S)AND SELLER(S). 80. iF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MN:FACM•2(8111) ER 175.2(8/11) /USta4f TOMS Authentisign ID:16706484-ACC8-47DF-8e07-E7DEFF933E7F YEdin�ars INSPECTION CONTINGENCY ADDENDUM This form approved by the Minnesota Association of REALTORS', * �c which disclaims any tfabitty arising out of use or misuse of this form. m 2012 Minnesota Association of REALTORS',Edna,MN 1. Date 02/11/13 _- 2. Page _ _- 3. THE PROPERTY,IF NOT NEW,CANNOT BE EXPECTED TO BE IN NEW CONDITION. 4. ROUTINE MAINTENANCE ITEMS ARE NOT PART OF THIS ADDENDUM. 5. Addendum to Purchase Agreement between parties,dated February 11th ,20 13 ,pertaining 6. to the purchase and sale of the property at 4550 Wolverton Place 7, Orono MN 55359 8. This Purchase Agreement Is contingent upon a complete home Inspection(s)of the property to determine Its condition. 9. Any and all inspections performed by Buyer shall constitute a complete home inspection(s). 10. Any inspection(s)shall be done by an Inspector(s)of Buyer's choice.The Inspector(s)should be qualified to do the 11. inspection(s),as evidenced by a license or professional designation.Buyer shall satisfy Buyer as to the qualifications 12. of the Inspector(s). 13. Said Inspection(s)shall be at Buyer's sole expense. 14. Seller agrees to make the property reasonably available for said Inspection(s). 15. Any Inspection(s)or test(s)done by FHA,DVA or any other governmental unit shall be done and paid for in accordance 16. with the applicable regulations and are not part of this Inspection Contingency Addendum. 17. Buyer shall not have the right to do intrusive testing without the prior written authorization of Seller. 18. For purposes of this form,"intrusive testing"shall mean any testing,inspection(s)or investigations)that changes the 19. property from its original condition or otherwise damages the property. 20. Seller❑DOES d DOES NOT agree to allow Buyer to perform Intrusive testing or inspection(s). (Check one.)--- 21. It answer is DOES, Buyer agrees that the property shall be returned to the same condition it was in prior to Buyer's 22. Intrusive testing at Buyer's sole expense. 23. For the purposes of this Addendum,"Business Days"shall end at 11:59 p.m.and do not include Saturdays, 24. Sundays and state and federal holidays. 25. All inspection(s)shall be done within 2 -Business Days of Final Acceptance of this Purchase Agreement. 26. Buyer shall have these options following Inspection(s): 27. (1) It Buyer,or licensee representing or assisting Buyer,identifies any issues pertaining to the property resulting 28. from the Inspection(s)and intends to negotiate the Identified issues with Seller, then Buyer, or licensee 29. representing or assisting Buyer, shall notify Seller, or licensee representing or assisting Seller,in writing, 30. describing the Issues and proposed remedy,within 1 Business Days after expiration of the time 31. period specified on line 25. 32. If Buyer,or licensee representing or assisting Buyer,notifies Seller,or licensee representing or assisting 33. Seller, of the identified Issues and proposed remedy, and if within 1 Business Days atter such 34. notice Buyer and Seller have not agreed in writing to a remedy of the identified Issues,this Purchase Agreement 35. is canceled without further notice required. Buyer and Seller shall immediately sign a Cancellation of 36. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to he 37. refunded to Buyer,and thereafter neither party shall have any further liability to the other. 38. And/or; 39. (2) Notwithstanding any provision to the contrary or any notice given,Buyer may unilaterally waive any issues, 40. providing that Buyer,or licensee representing or assisting Buyer,notifies Seller,or licensee representing or 41. assisting Seller,of waiver in writing,within the lime specified on line 33. 42. And/or; MN:ICA-1(8/12) ER 111-1(8112) Jvsta,,t arms Authentisign ID:16706484-ACC8-47DF-8P07-E7DEFF933E7F dirra r' INSPECTION CONTINGENCY ADDENDUM Rept 43. Date 02/11/13 44. Page 45. Property located at 4550 Wolverton Place Orono 46. (3) Notwithstanding any other provision of this Purchase Agreement, Buyer may,based on the Inspection(s), 47. declare this Purchase Agreement canceled by written notice to Seller,or licensee representing or assisting 48. Seller,within 1 Business Days after expiration of the time period specified on line 25,In which case 49. this Purchase Agreement is canceled. 50, In the event Buyer declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign 51. a Cancellation of Purchase Agreoment confirming said cancellation and directing all earnest money paid 52, hereunder to be refunded to Buyer. 53. If Buyer fails to have the(nspection(s)performed within the time specified In line 25,or does not notify Seller,or licensee 54. representing or assisting Seller,of Buyer's decision within the time specified in lines 30 and 48,then this Contingency 55. shall be deemed removed and this Purchase Agreement shall be in full force and effect. 56. Seller, or licensee representing or assisting Seller, 0 SHALL 0 SHALL NOT have the right to continue to offer 57. the property for sale until this Contingency is removed. 0087EE 77.179641 CS-B BBB h' 1---'-=44 02/16/2013 0 // 58. t nI111,111,7 PM (Sever) (Dale) (Buym) an ilcox ( mo) 59. � (Smar) (pato) ( ye' exandra McDezt (Date) 60. THIS ISA LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S), 61. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MN:ICA-2(8/12) ER 111-2(8/12) IIIstan?t orms Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F a ADDENDUM TO PURCHASE AGREEMENT Real This form approved by the Minnesota Association of REALTORS', which dIsc7aims eny liability arising out of use or misuse of this form. 02011 Minnesota Association of REALTORS=,Edina,MN 1. Date 02/11/13 2. Page 3. Addendum to Purchase Agreement between parties,dated February 11th ,20 13 ,pertaining to the 4. purchase and sale of the property at 4550 Wolverton Place 5, Orono MN 55359 6. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement,the language 7. in this Addendum shall govern. 8 Sellers to provide clarification for the follow items to the buyers satisfaction: 9. 10. 1-Plan for "new" driveway,including location of Septic Tank, Intent of sharing Septic Tank and Well with potential new house, Landscaping 1t around new driveway (since current landscaped portion is only -1/5 of 12. 5.05 acre lot) . 13. 2-How the Sellers will bear all costs associated with splitting the 14. lot and the repairs/improvements needed. 15. 3-Buyers to have First Right of Refusal for sale of neighboring lot, 16. 17. 18 19. 20. 21. 22. 23. 24, 25. 26. 27. 28. 29. 30. EDC6E6A4-E604-436E-e D4F AL _"w°' 02/16/2013 11111h6.1/0/ ()CV/ r _(3 31. 2,1612013 12:19:16 PM (Serer) (Date) (auyar) :r iam ( ate) 32. . .'�rtl OG/1t/13 (Seller (Date) to I Alexan• - Dermott (Date) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE.CONSULT AN APPROPRIATE PROFESSIONAL. MN•APA(8/11) ER 179(8/11) InstamTt onns Authentisign ID:16706484-ACC5 47DF-8A07-E7DEFF933E7F • kEdlna ' ` SUBSURFACE SEWAGE TREATMENT ;4 - SYSTEM AND WELL INSPECTION CONTINGENCY ADDENDUM This form approved by the Minnesota Association of REALTORS`, which disclaims any liability arising cul of use or misuse of IRIS form. et 2012 Minnesota Association of REALTORS`,Edina,MN 1. Date 02/11/13 2. Page --3. Addendum to Purchase Agreement between Buyer(s)and Seller(s), dated Pebruacy 11th , 20 13 , 4. pertaining to the purchase and sale of the property at_9550 Wolverton Place 5; Orono ...._- _- MN 55359 6. For the purposes of this Addendum,"Business Days"shall end at 11:59 p.m.and do not include Saturdays, 7. Sundays and state and federal holidays. 8. Seller has previously disclosed that a subsurface sewage treatment system and/or private well exists on,or serves, 9. the property.This Purchase Agreement is contingent upon inspection(s)of the subsurface sewage treatment system 10. and/or privato well to determine the condition or status of the following checked Items. 11. If the appropriate test(s)/inspection(s)checked below are not done and results provided within the time specified, 12. or waived in writing by Buyer,,then the party not responsible for obtaining the test/inspection may declare this Purchase 13. Agreement canceled by written notice to the other party,or licensee representing or assisting the other party,In which 14. case this Purchase Agreement is canceled.if the party declares this Purchase Agreement canceled,Buyer and Seller 15. shall Immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest 16. money paid hereunder to be refunded to Buyer. 17. (Check all that apply.) 18. xQ SUBSURFACE SEWAGE TREATMENT SYSTEM: 19. All test(s)/inspection(s)shall be done and results provided to Buyer within 5 Business Days of Final Acceptance 20. of this Purchase Agreement. 21. ❑BUYER[]SELLER AGREES TO OBTAIN(AND PROVIDE TO BUYER)A LICENSED INSPECTOR'S SEPTIC 22. SYSTEM SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF THE SYSTEM COMPLIES WITH APPLICABLE 23. REGULATIONS WITHIN THE TIME SPECIFIED ABOVE. 24. NOTICE:A VALID CERTIFICATE OF COMPLIANCE FOR THE SYSTEM MAY SATISFY THIS OBLIGATION. 25. If the Inspection report indicates that the subsurface sewage treatment system is not In compliance with applicable 26. regulations,then the parties may agree In writing on or before the date of closing,to negotiate an allocation between 27. Buyer and Seller of those costs necessary to bring the subsurface sewage treatment system into compliance with 28. applicable regulations. 29. In the absence of such agreement,either party may declare this Purchase Agreement canceled by written notice 30. to the other party,or licensee representing or assisting the other party,in which case this Purchase Agreement is 31. canceled. II either party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign 32. a Cancellation of Purchase Agrecrriant con firming said cancellation and directing all earnest money paid hereunder 33. to be refunded to Buyer. MN:PS'NCA-1(8(12) ER 123.1(8/12) /astart arms Authentisign ID:16706484-ACC847DF-8AD7-E7DEFF933E7F SUBSURFACE SEWAGE TREATMENT `Real _ ° Y SYSTEM AND WELL INSPECTION CONTINGENCY ADDENDUM 34. Date 02/11/13 35. Page 36. ❑x PRIVATE WELL: 37. All test(s)/inspection(s)shall be done and results provided to Buyer within 5 Business Days of Final Acceptance 38. of this Purchase Agreement. 39. ❑BUYER SELLER AGREES TO OBTAIN(AND PROVIDE TO BUYER)A WATER QUALITY TEST WITHIN (Chock one.)----- 40. THE TIME SPECIFIED ABOVE. 41. If the water quality lest results show the water is not potable or otherwise not In compliance with governmental 42. water quality standards,then the parties may agree in writing, on or before the date of closing, to negotiate an 43. allocation between Buyer and Seller of those costs necessary to bring the water into potable condition and into 44. compliance with governmental water quality standards. 45. In the absence of such agreement,either party may declare this Purchase Agreement canceled by written notice 46. to the other party,or licensee representing or assisting the other party,In which case this Purchase Agreement is 47. canceled. If either party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign 48. a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder 49. to be refunded to Buyer. F4AIDO4Ei003-4029-137EB 02/16/2013 D4/I 50. J116/>n >-11114'19➢M )13 (SEWN) pale) (BT----- Bs'lan Ori ox Date) 51. i • —�r � �> (� l� + 3 (Sel,el) (Data) (Buy 1exandra McDe ' tt (Date) 52. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S)AND SELLER(S). 53. IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL. MN:PSWCA-2(9)12) ER 123-2(6/12) VINOorms Authentisign ID:16706484-ACC8 47DF-8A07-E7DEFF933E7F dina=s ADDENDUM TO PURCHASE AGREEMENT p_= -.L DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS This form approved by the Minnesota Association of REALTORSe, which disclaims any Itabifty arising out of use or misuse of this form. ®2009 Minnesota Association of REALTORS°.Edina,MN 1. Date _ 02/15/1s 2. Page 3. Addendum to Purchase Agreement between parties, dated 20 4. pertaining to the purchase and sale of the property at 4550 Wolverton Place 5. Orono Hennepin 6. Section I:Lead Warning Statement 7. Every buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 Is notified 8. that such property may present exposure to lead from lead-based paint that may place young children at risk of 9. developing lead poisoning.Lead poisoning In young children may produce permanent neurological damage,including 10. learning disabilities, reduced Intelligence quotient, behavioral problems and impaired memory.Lead poisoning also 11. poses a particular risk to pregnant women.The seller of any Interest in residential real properly is required to provide 12. the buyer with any information on lead-based paint hazards from risk assessments or inspections In the seller's 13. possession and notify the buyer of any known lead-based paint hazards,A risk assessment or inspection for possible 14. lead-based paint hazards Is recommended prior to purchase. 15. -Seller's Disclosure(initial) 16. R.L5 (a) Presence of lead-based paint and/or lead-based paint hazards. 17. (Check one below.) 18. ❑ Known lead-based paint and/or lead-based paint hazards are present In the housing 19. (explain): 20. 21. _ [Al Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the housing. 22. (b) Records and reports available to the seller. 23. (Check one below.) 24. ❑ Seller has provided Buyer with all available records and reports pertaining to lead-based paint 25. and/or lead-based paint hazards in the housing(list documents below): 26. 27. [ Seiler has no reports or records pertaining to lead-based paint and/or lead-based paint hazards 28. in the housing. 29. - yer's A'knowledgment(initial) 30. l (c) Buyer has received copies of all information listed under(b)above. 31. .4 (d) Buyer has received the pamphlet,Protect Your Family from Lead In Your Home. 32. ,. . _L (e) Buyer has(check one below): 33. ❑ Received a 10-day opportunity(or mutually agreed-upon period)to conduct a risk assessment 34. or Inspection for the presence of lead-based paint and/or lead-based paint hazards(if checked, 35. see Section Ii on page 2);or 36. ❑ Waived the opportunity to conduct a risk assessment or Inspection for the presence of lead- 37. based paint and/or lead-based paint hazards. TLX:SALE-1(8/09) ER 186-1(8/09) lrstar t rms AuthentisignID:16706484-ACC8.47DF-8A07-E7DEFF933E7F ; Edtnq ADDENDUM TO PURCHASE AGREEMENT re ._ DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 38. Page 39. Property located at 4550 Wolverton Place Orono _. 40. Licensee's Acknowledgement(initial) 41. (1) Real estate licensee has informed Seller of Seller's obligations under 42 U.S.C.4852(d)and Is aware 42. of licensee's responsibility to ensure compliance, 43. Certification of Accuracy 44. The following parties have reviewed the information above and certify,to the best of their knowledge,that the information 45. provided by the signatory is true and accurate. C4BOSSFF.SF5D-4767-138B8 46. 7 02/16/2013 • r a��( 1( 7-19.]9 PM (Saler) (Dale) a ry r) /,.� .. (Date) 47. --tet 1 )'�. 1 ` OZ- - �f C ( ..e[) (Dale) (8 et) v ) ale) . 1 .13 c-- 48. I _ 'eat Es - (Date) (Real Estate Uceneee) (Date) 49. Section II:Contingency(Initial only if first box under(e)Is checked In Buyer's Acknowledgment above.) 50. This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead- 51. based paint and/or lead-based pain! hazards to be conducted at Buyer's expense. The assessment or Inspection 52. shall be completed within❑ten(10)❑ calendar days after Final Acceptance of the Purchase Agreement. -------(Check one.)--.------- 53. This contingency shall be deemed removed,and the Purchase Agreement shall be in full force and effect,unless Buyer or 54. real estate licensee representing or assisting Buyer delivers to Seller or real estate licensee representing or assisting 55. Seller,within three(3)calendar days after the assessment or inspection is timely completed,a written list of the specific 56. deficiencies and the corrections required,together with a copy of any risk assessment or inspection report. If Seller 57. and Buyer have not agreed in writing within three(3)calendar days after delivery of the written list of required corrections 58. that:(A)some or all of the required corrections will be made;or(B)Buyer waives the deficiencies;or(C)an adjustment to 59. the purchase price will be made; this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a 60. Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to 61. be refunded to Buyer.itis understood that Buyer may unilaterally waive deficiencies or defects,or remove this contingency, 62. providing that Buyer or real estate licensee representing or assisting Buyer notifies Seller or real estate licensee 63. representing or assisting Seller of the waiver or removal,in writing,within the lime specified. 11X:SALE-2(8/09) ER 186.2(B)09) /9-Stt'AJ roans Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F Edlg4 ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT This torn approved by the Minnesota Association ci REALTORS'", which disclaims any liability arising out of use or rnsuse of this form. 2012 Minnesota Association of REALTORS,,Edina,MN 1. Page i 2. ARBITRATION DISCLOSURE 3. You have the right to choose whether to have any disputes about disclosure of material facts affecting the use 4. or enjoyment of the property that you are buying or selling decided by binding arbitration or by a court of law.By agreeing 5. to binding arbitration, you give up your right to go to court. By signing the RESIDENTIAL REAL PROPERTY 6. ARBITRATION AGREEMENT(ARBITRATION AGREEMENT)on page two(2),you agree to binding arbitration under the 7. Residential Real Property Arbitration System(Arbitration System)administered by National Center fcr Dispute Settlement 8. (NODS)and endorsed by the Minnesota Association of REALTORS5(MNAR).The ARBITRATION AGREEMENT Is 9. enforceable only if It is signed by ail buyers,sellers and licensees representing or assisting the buyers and the sellers. 10. The ARBITRATION AGREEMENT Is not pad of the Purchase Agreement. Your Purchase Agreement will still be 11. valid whether or not you sign the ARBITRATION AGREEMENT. 12. The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It 13. Is not government sponsored,NODS and the MNAR jointly adopt the rules that govern the Arbitration System.NODS 14. and the MNAR are not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of 15. NODS. 16. All disputes about or relating to disclosure of material facts affecting the use or enjoyment of the property,excluding 17. disputes related to title Issues,are subject to arbitration under the ARBITRATION AGREEMENT.This Includes claims 18. of fraud,misrepresentation,warranty and negligence.Nothing in this Agreement limits other rights you may have under 19. MN Statute 327A(statutory new home warranties)or under private contracts for warranty coverage.An agreement to 20. arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state agency that 21. regulates the real estate profession,about licensee compliance with state law. 22. The administrative fee for the Arbitration System varies depending on the amount of the claim, but it Is more 23. than initial court filing fees.In some cases,conciliation court is cheaper than arbitration.The maximum claim allowed 24. In conciliation court is$10,000.This amount is subject to future change.In some cases,it Is quicker and less expensive 25. to arbitrate disputes than to go to court,but the time to file your claim and pre.hearing discovery rights are limited.The 26. right to appeal an arbitrator's award Is very limited compared to the right to appeal a court decision. 27. A request for arbitration must be filed within 24 months of the date of the closing on the property or 28. else the claim cannot be pursued. In some cases of fraud, a court or arbitrator may extend the 24.month 29. IlmItation period provided herein. • 30. A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with 31. NODS.NODS notifies the other party,who may f ile a response.NCDS works with the parties to select and appoint an arbitrator 32. to hear and decide the dispute.A three-arbitrator panel will be appointed instead of a single arbitrator at the request 33. of any party.The party requesting a panel must pay an additional fee.Arbitrators have backgrounds In law,real estate, 34. architecture,engineering,construction or other related fields. 35. Arbitration hearings are usually held at the home site,Parties are notified about the hearing at least 14 days in 36. advance.A party may be represented by a lawyer at the hearing it he or she gives five(5)days advance notice to the 37. other party and to NODS.Each party may present evidence,Including documents or testimony by witnesses.The arbitrator 38. must make any award within 30 days from the final hearing date.The award must be In writing and may provide any 39. remedy the arbitrator considers just and equitable that Is within the scope of the parties'agreement.The arbitrator 40. does not have to make findings of tact that explain the reason for granting or denying an award.The arbitrator may 41. require the party who does not prevail to pay the administrative fee. 42. This Arbitration Disclosure provides only a general description of the Arbitration System and a general 43. overview of the Arbitration System rules.For specific information regarding the administrative fee,please see the 44. Fee Schedule located in the NODS Rules.Copies of the Arbitration System rules are available from NODS by calling 45. (888)832-4792 or on the Web at>wrw.ncdsusa.org or from your REALTOR-'.If you have any questions about arbitration, 46. call NODS at(888)832-4792 or consult a lawyer. MN:AORAA.1(aft 2) ER 121-1(8112) /start arms Authentisign ID:16706484-ACC8-47DF-8P07-E7DEFF933E7F dints ARBITRATION DISCLOSURE AND RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 47. Page 2 48. THIS IS AN OPTIONAL,VOLUNTARY AGREEMENT. 49. READ THE ARBITRATION DISCLOSURE ON PAGE ONE(1)IN FULL BEFORE SIGNING. 50. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT 51. For the property located at 4550 Wolverton Place 52. City of Orono _ ,County of Hennepin_ ,State of Minnesota. 53. Any dispute between the undersigned parties,or any of them,about or relating to material facts affecting the use or 54. enjoyment of the property,excluding disputes related to title issues of the property covered by the Purchase Agreement 55. dated February 11th 20 13 , Including claims of fraud, misrepresentation, warranty and 56. negligence,shall be settled by binding arbitration.National Center for Dispute Settlement shall be the arbitration service 57. provider.The rules adopted by National Center for Dispute Settlement and the Minnesota Association of REALTORS® 58. shall govern the proceeding(s).The rules that shall govern the proceedings)are those rules in effect at the time the 59. Demand for Arbitration Is filed and include the rules specified in the Arbitration Disclosure on page one (1). This 60. Agreement shall survive the delivery of the deed or contract for deed in the Purchase Agreement.This Agreement is 61. only enforceable if all buyers,sellers and licensees representing or assisting the buyers and sellers have agreed to 62. arbitrate as acknowledged by signatures below. For purposes of this Agreement, the signature of one licensee of a 63. broker shall bind the broker and all licensees of that broker. e19DECC6-30A0-466F-AO6C S� / 64. * ;�.o '' 02/16/2013 �J (Se.!ers S!gnature)1 (Date) (8/ sSigneiure) (Date) 65. Revis Stephenson (`Brian Wilcox (Saber's Printed Nang) )Buyer's Pin Na rt r 66. 6.)/1113 (Se.er's Sgrieture) (Date) (Buys/ Signature)) (bats) B7. Alexandra McDermott r er Narne) (Buyer's Printed Name) z. tesenttn•• Assisting Sete) (Date) ( nsee Representing orAssteung Buyer) (Date) f-S•r g Stephanie Chandler 69. Coldwell Banker Burnet Edina Realty, Inc. (Company Name) (Company Name) 70. THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT ISA LEGALLY BINDING CONTRACT 71, BETWEEN BUYERS,SELLERS AND LICENSEES.IF YOU DESIRE LEGAL ADVICE,CONSULT A LAWYER, MN:ADRAA-2(8/12) ER 121-2(8/12) Lista, f I017715 Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F PERSONAL PROPERTY AGREEMENT �d, Re t1 Page 1 of 2 1. Date . 02/11/13 2.IN CONSIDERATION OF THE PAYMENT OF ONE DOLLAR(51.00)AND OTHER GOOD AND VALUABLE CONSIDERATION, 3.receipt of which Is hereby acknowledged, Lori & Richard cherardi of the county of 4. Hennepin ,State of Minnesota,hereby agrees to sell and convey to 5. _ Alexandra N.cDernott & Urian Wilcox the following few 0 6.described Goods,Chatters and Personal Property: Cooktop, Wall Oven, Microwave, Exhaust Fan/Hood, Dishwasher, Refrigerator, Washer, Dryer, Water Softener, bar Refrigerator. All window treatment and light fixtures. 7. THIS ISA LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS 8. ER 116-1 (3/08) IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL lnstarnt ITorms Authentisign ID:16706484-ACC8-47DF-8507-E7DEFF933E7F PERSONAL PROPERTY AGREEMENT EdKRea s a Page 2 of 2 9. The sale and conveyance of the above Personal Property is subject to the successful closing of the Purchase Agreement between 10.the parties dated February — lith 13 pertaining to the purchase of the property at 11. 4550 Wolverton Place, Orono, 55359 12. In the event the sale of the above described property does not close,This Agreement shall become null and void,with the parties 13.having no further obligation to perform any terms of this Agreement. 14.Seller hereby covenants and warrants that he Is the lawful owner of said Personal Property,and that said Personal Property will be tree 15.and clear from all encumbrances at the time of sale,It Is understood the Buyer accepts the Personal Property'as is.'Upon the successful 16.closing of the real estate sale of the above referenced Personal Property,the seller will deliver a Bill of Sale to the Buyer for the above 17. Personal Property. 43290109•8IFD-44F0-809F `" 02/16/2013 U 11 1316. ./1.7 ; M ISos.rl (0C4) 1&.v.) n _ Wi .o (0 .1 • 19. -c,A I , .ted * 3 ISx:'eq (Da.) I&.0.1 A e. dra+. o •..;tom (.I.} 20. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS 21. ER 116.2(3108) IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL Jformms�t Authentisign ID:16706484-ACC8-47DF-BA07-E7DEFF933E7F `ierrs SELLER'S DISCLOSURE ALTERNATIVES .=:etKeRcz` This`arm approved by the Minnesota Auocialion of REALTORS', xhrch disclaims any Ilab,Tty arising out of use or misuse of thls form BUJ NET ®2509 ilnnesola Association of REALTORS',Edina,}.4N ^-...._........- . 1. Date Auks! I,2012 CBBURNET.com r.ic.+>:a,it(-- 2. Page 1 of pages 3. Property located at 4550 Wolverton Place - 4. City of Orono ,County of Hennepin ,State of Minnesota. 5. NOTICE 6. Sellers of residential property,With limited exceptions,are obligated to satisfy the requirements of MN Statutes 513.52 7. through 513.60.To comply with the statute,Seller must provide either a written disclosure to the prospective 8. Buyer(see Sellers Property Disclosure Statement)or satisfy one of the following Iwo options: 9. (Select gad option only.) 10. 1) ❑ QUALIFIED THIRD-PARTY INSPECTION; Seller shall provide to prospective Buyer a written report that 11. discloses material information relating to the real property that has been prepared by a qualified third party. 12. `Qualified third party"means a federal,slate or local governmental agency,or any person whom Seller or 13. prospective Buyer reasonably believes has the expertise necessary to meet the Industry standards of practice 14. for the type of Inspection or investigation that has been conducted by the third party In order to prepare the 15. written report. 16. Sellershatl disclose to prospective Buyer material facts known by Seller that contradict any information 17. that is Included in a written report,or material facts known by Seller that are not Included in the 18, report. 19. The Inspection report was prepared by_._. 20. • 21. and dated ,20 22. Seller discloses to Buyer the following materiel facts known by Seller!hal contradict any information Included 23. in the above referenced Inspection report. 24. _.._.. 26. -- - - _ 26. . 27. - -_..._- 28. _ 29. Seller discloses to Buyer the following material facts known by Seller that are not included In the above 30. referenced Inspection report. 31.32. 33.34. - - - 35. 36. 2) ,VAIVER:The written disclosure required may be waived If Seller and prospective Buyer agree In waiting.Seller 37. and Buyer hereby waive the written disclosure required under MN Statutes 613.52 through 513.60. 38. Waiver of the disclosure required under LIN Statutes 513.52 through 513.60 does not waive,limit or 39. abridge any obligation for Seller disclosure created by any other law. 40. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:SOY t(8'oD) WE aFoons•.Au3r20:9 Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F Co!dwell Banker Burnet SELLER'S DISCLOSURE ALTERNATIVES 41. Page 2 42. Property located at 4550 Wolverton Place Orono 43. OTHER REQUIRED DISCLOSURES: 44. NOTE: In addition to electing one of the above alternatives to the material fact disclosure,Minnesota law also 45. requires sellers to provide other disclosures to prospective buyers,such as those disclosures listed below. 46. Additionally,there maybe other required disclosures by federal,state,local or other governmental entitles 47. that are not listed below. 48. A, SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: (A subsurface sewage treatment system 49. disclosure Is required by MN Statute 115.55,)(Check appropriate box,) 50. Seller certifies that Sellel.DOES❑DOES NOT know of a subsurface sewage treatment system on or serving 51. the above-described real property. (It answer le DOES,and the system does not require a state permit, see 52. Subsurface Sewage 7Yealment System Disclosure Statement.) 53. There is a subsurface sewage treatment system on or serving the above-described real property. 54, (See Subsurface Sewage Treatment System Disclosure Statement.) 55. ❑ There Is art abandoned subsurface sewage treatment system on the above-described real property. 56. (See Subsurface Sewage Treatment System Disclosure Statement.) 57. B. PRIVATE WELL DISCLOSURE: (A well disclosure and Certificate are required by MN Statute 1031.235.) 68. (Check appropriate box.) 59. 0 Seller certifies that Seiler does not know of any wells on the above-described real property. 60. j Seller certifies there are one or more wells located on the above-described real property. 6t. (Sae Welt Disclosure Statement.) 62. Are there any wells serving the above•described property that are not located on the property? DYes ❑No 63. Contaminated Well:Is there a well on or serving the property that contains contaminated water? ❑Yes H No 64. To your knowledge,Is the property In a Special Well Construction Area? ❑Yes [J No 65, Comments: 66. C. VALUATION EXCLUSION DISCLOSURE;(Hequlred by MN Statute 273,11,Subd,16) 67. There❑ISIS NOT an exclusion from morkal verse fcr horns improvements on this property.Any valuation ect 68. exclusion exclusion shall terminale upon sate of the properly,and the property's estimated market value for property tax purposes 69. shall increase. If a valuation exclusion exists, Buyers are encouraged to look into the resulting tax 70, consequences. 71. Additional comments: 72. 73. D. METHAMPHETAMINE PRODUCTION DISCLOSURE: 74. (A methamphetamine production disclosure Is required by MN Statute 152.0275,Subd,2(m),) 75, V Seller is not aware of any methamphetamine production that has occurred on the property. 76. ❑ Seller is aware that methamphetamino production has occurred on the property. 77. (See Mel hamphefamine Production Disclosure Statement.) 78. E. NOTICE REGARDING AIRPORT ZONING REGULATiONS:The property may be in or near an airport safety zone 79. with zoning regulations adopted by the governing body that may affect the property.Such zoning regulations are 80. tiled with the county recorder in each county where the zoned area is located.if you would like to determine if such 81. zoning regutailons affect the properly,you should contact the county recorder where the zoned area Is located. 82. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:SOA-2(8.09) WE ELF enn;^'Aoy2009 Authentisign lD:16706484-ACC8-4713F-8A07-E7DEFF933E7F Coldwell Banker Burnet SELLER'S DISCLOSURE ALTERNATIVES 83. Page 3 84, Property located at 4550 Wolverton Place _ _ Orono 8S. F. Buyer has had the opportunity to review page four(4)of this Agreement. (lnIlQ gni:4 86. G. NOTICE REGARDING CARBON MONOXIDE DETECTORS: 87. MN Statute 299F.51 requires Carbon Monoxide Detectors to be located within ten (10)feet from all sleeping 88, rooms.Carbon Monoxide Detectors may or may not be personal property and may or may not be Included In the 89. sale of the home. 90. H. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 91. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 92. may be obtained by contacting the local law enforcement offices In the community where the property Is 93, located or the Minnesota Department of Corrections at(651)381-7200,or from the Department of Corrections 94. web site at www.corr.state,tnn,us, 95. 1. SELLER'S STATEMENT: 96. (To be signed al time of fisting) 97. Seller(s)hereby authorizes any licensee(s)representing or assisting any party(les)in this transaction to provide 98. a cod/of this Oisciopure to any person or entity in connection with any actual or anticipated sale of the properhy. 99866-6A6e.4]FC26C4 99• 2/16/201112:20:64 PM 02/16/2013 mato (Date) 100. J. BUYER'S ACKNOWLEDGEMENT: 101. (To be signed at time of purchase agreement.) 102. i/We,the Buyer(s)of the property,acknowledge receipt of this SELLER'S DISCLOSURE ALTERNATIVES form 103. and agree to the seller's disclosure option selected In this form.//We furl -ragree at no representations regarding 104. material facts have been made,other than those made i -this form. r � t 105, b41t 1(-? ‘/ / ��/if ( (Dale) (8 a (Osla 106. K. ADDITIONAL DISCLOSURES:_ none 107. 109. 110. L. SELLER'S ACKNOWLEDGEMENT: i 11. (To be signed at time of purchase agreement.) 112. AS OF THE DATE BELOW,IAve,the Seller(s)of the properly,state that the material facts are the same,except 113. for changes as indicated below,which have been signed and dated. 114. 115. 116. F DE 4 6 E 64-CFO 3.4 F 54.B E A E 02/16/2013 117. 2/16/29101 1 12:20:688 PM PM (Seer) (Dee) (S9tra) (Dale) 118. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. r�hi:SOA.3(&'09) V.ZBFaar,1 N AVZ12009 Authentisign ID:16706484-ACC8-47DF-8A07-E70ffF933E7F Caldwell Banker Burnet SELLER'S DISCLOSURE ALTERNATIVES 119. Page 4 120. M. OTHER INFORMATION: 121. WATER INTRUSION AND MOLD GROWTH: Recent studies have shown that various forms of water Intrusion 122, affect many homes.Water intrusion may occur horn exterior moisture entering the home and/or Interior moisture 123. leaving the home. 124. Examples of exterior moisture sources may bo 125. • Improper flashing around windows and doors, 128. • Improper grading, 127. • flooding, 128. • roof leaks. 129. Examples of interior moisture sources may be 130. • plumbing teaks, 131. • condensation(caused by Indoor humidity that is too high or surfaces that are ice cold), 132. • overflew from tubs,sinks or toilers, 133. • firewood stored indoors, 134. • humidifier use, 135. • inadequate venting of kitchen and bath humidity, 136. • Improper venting of clothes dryer exhaust outdoors(including electrical dryers), 137. • line-drying laundry indoors, 138. • houseplants-watering them can generate large amounts of moisture. 139, In addition to the possible structural damage water intrusion may do to the properly,water Intrusion may also result 140, in the growth of mold,mildew and other fungi.Mold growth may also cause structural damage to the property. 14i. Therefore,It is very important to detect and remediate water Intrusion problems. 142, Fungi are present everywhere In our environment,both Indoors and outdoors.Many molds are beneficial to humans. 143. However,molds have the ability to produce mycotoxins that may have a potential to cause serious health problems, 144. particularly In some Immunocompromised Individuals and people who have asthma or allergtos to mold. 145. To complicate matters,mold growth is often difficult to detect,as ft frequently grows within the wall structure.it you 146. have a concern about water Intrusion or the resulting mold/mildew/fungi growth,you may want to consider having 147. the property inspected for moisture problems before entering Into a purchase agreement or as a condition of your 148. purchase agreement.Such an analysis is particularly advisable it you observe stelning or any musty odors on the 149. property. 150. For additional information about water Intrusion,Indoor air quality,moisture or mold Issues,go to the Minnesota 161. Association of REALTORS3 web site at vn•.w-mnreallor.eom. 152. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE 153. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING IN THE PROPERTY. 164. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER MN:SDA•4 Woe) " SFormi^•A,.-AcxR Authentisign ID:16706484-ACC8-47DF-8.0D7-E7DEFF933E7F 1'6"f I'--e-,- WELL DISCLOSURE STATEMENT '.11fitntelt At This form approved by the MinnesotaAssociation of REALTORS', -V...';'.'•:';-117:2'.'L.. .,..:'%.:; wtNchdisclaims any liisbetyarisingout01use ormIsuseofOils loin. lBURNET[' 02007.11curesota Association of REALTORS',Edina,MN C1BBBURNEET.eoLm 1. Date August I,2012 s'a'"•.1lei Wm.,Ti`i°t 2. Page 1 of pages:THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF. 4. Minnesota Statute 1031.235 requires that,before signing an agreement to sell or transfer real property,Seller must 5. dIsclose Information In vatting to Buyer about the status and location of all known wells on the property.This requirement 6. is satisfied by delivering to Buyer either a statement by Seller that Seiler does not know of any wells on the property, 7. or a disclosure statement Indicating the legal description end county,and a map shoving the location of each well.In 8. the disclosure statement Seller must indicate,for each well,Whether the well is in use,not In use or sealed. 9. Unless Buyer and Seller agree to the contrary In writing,before the closing of the sale,a Seller who falls to disclose 10. the existence or known status of a Well at the lime of sale,and knew or had reason to know of the existence or known 11. status of the watt,is liable to Buyer for costs relating to sealing of the welt and reasonable attorneys'fees for collection 12. of costs from Seiler,if the action is commenced within six years after the date Buyer closed the purchase of the real 13. property where the welt Is located. 14. Legal requirements exist relating to various aspects of location and status of wads.Buyer Is advised to contact the 16. local unit(s)of government,state agency or qualified professional Which regulates wells for further informallon about 16. these issues, 17. Instructions for completion of Ibis form are on the reverse side. 18. PROPERTY DESCRIPTION:Street Address: 4550 Wolverton Place 19. Orono 55359 Hennepin - -- (City) (Sp) (Com•r) 20. LEGAL DESCRIPTION: 21. _ 23, 23. - - 24. ------------ - 25. 26. WELL DISCLOSURE STATEMENT: 27. (Check appropriate box.) 28. ❑ Seller certifies that Seller does not know of any wells on the above described real properly. 29. a this option is checked,then skip to the last lino and sign and date this Statement.) 30. raSeller certifies that the following wells are located on the above described real property. 31. MN Unlque Well Year of Well IN USE NOT IN SEALED 32, Well No. Depth Const. Type USE 33. Wella V - g- [) ❑ 34. Well 2 -- ❑ ❑ ❑ 35, Well3 ❑ ❑ ❑ 36. NOTE: See definition of terms"IN USE,"'NOT IN USE;'and"SEALED"on lines 89-100.11a welt Is not in use, 37. It must be scaled by a licensed well oontraotor or a well owner must obtain a maintenance permit 38. from the Minnesota Department of Health and pay an annual maintenance fee. Maintenance 39. permits are not transferable.It a well Is operable and properly maintained,a maintenance permit 40. Is not required. 41. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER, ?,?t,ewoc•1(8107) WOiForms.NovrtW2 Authentisign ID:16706484-ACC8-47DF-BA07-E7DEFF933E7F Coldwell Banker Burnet WELL DISCLOSURE STATEMENT 42. Page 2 43. Property located al 4550 Wolverton Place Orono 55359 44. OTHER WELL INFORMATION: • 45. Date well water last tested for contaminants: Test results attached? ❑Yes ❑No 46. Comments: 47, 48. 49. 50. 51. 52, 53. Contaminated Well:Is there a well on the property containing contaminated water? Eyes ❑No 64. SEALED WELL INFORMATION:For each well designated as sealed above,complete this section. 55. When was the well sealed? 58. Who sealed the well? 57. Was a Sealed Well Report filed with the Minnesota Department of Health? ❑Yes CI No 58, MAP:Complete the attached MAP showing the location of each well on the real properly, 59. This disclosure Is not a warranty of any kind by Seller(s)or any licensee(s)representing or assisting any part(/les)In 60. this transaction and Is not a substitute for any Inspections or warranties the party(ies)may wish to obtain. 61. CERTIFICATION BY SELLER:I certify that the Information provided above Is accurate and complete to the 62. besl3 28E'/21 nigclSk9.e 63. 2/1612013 12:21:26 PM— 02/16/2013 (Dote) (5et'.ee or De-Mgna;t3 Rey,esenhlare) (Dale) 64. BUYER'S ACKNOWLEDGEMENT: 65. _ Nd 1) L l (( f ('�) IOste) uye() (Date) 66. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MtQ•WOS•1(8/07) V.SSFom.s''Nev12008 Authentisign ID:16706484-ACCB-47DF-8A07-E7DEFF933E7F Coldwell Banker Burnet WELL DISCLOSURE STATEMENT 67. Page 3 • 68. INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT 69. DEFINITION:A'well'means on excavation that is drilled,cored, bored, washed, driven, dug,Jetted or otherwise 70. constructed If the excavation Is intended for the location,diversion,artificial recharge or acquisition of groundwater. 71. MINNESOTA UNIQUE WELL NUMBER: All new wells constructed AFTER January 1, 1875, should have been 72. assigned a Minnesota unique well number by the person constructing the well.I1 the well was constructed alter this 73. dale,you should have the unique well number in your properly records.It you aro unable to locale your unique well 74. number and the well was constructed AFTER January 1,1975,contact your well contractor.If no unique well number 75. is available,please indicate the depth and year of construction for each well. 76. WELL TYPE:Use one of the following terms to describe the well type. 77. WATER WELL:A water Wali is any typo of well used to extract groundwater for private or public use.Examples 78. of=ter wells are:domestic welts,drive-point wells,dug wells,remedial wells and municipal walls. 79. IRRIGATION WELL:An Irrigation well is a well used to Irrigate agricultural lands.These are typically 80. large-diameter wells connected to a large pressure distribution system. Si. MONITORING WELL:A monitoring well Is a well used to monitor groundwater contamination.The well Is 82. typically used to access groundwater for the extraction of samples. 83. DEWATERING WELL:A dewatering well is a well used to lower groundwater levels to allow for construction 84. or use of underground spaces. 85. INDUSTRIAL/COMMERCIAL WELL: An industriaUcommerctal well Is a nonpotable well used to extract 86. groundwater for any nonpotable use,Including groundwater thermal exchange wells(heat pumps and heal 87. loops). 88, WELL USE STATUS:Indicate the use status of each well.CHECK ONLY ONE(1)BOX PER WELL. 89, IN USE:A well Is'In use"it the well Is operated on a daily,regular or seasonal basis.A well In use Includes 80. a well that operates for the purpose of irrigation,fire protection or emergency pumping. 91. NOT IN USE:A well is°not in use"if the well does no!meet the definition of"in use above and has not been 92. sealed by a licensed well contractor. 83. SEALED:A well is"seated"If a licensed contractor has completely tilled a well by pumping grout material 94. throughout the entire bore tole after removal of any obstructions from the well.A wall is"capped"it It has 95. a metal or plastic cap or cover which Is threaded,bolted or welded into the top of the well to prevent entry 06. Into the well.A"capped'watt Is not a"seated'well, 97. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing 98, contractor,check the well status as"not in user 99. if you have any questions,please contact the Minnesota Department of Health,Well Management Section, 100. at(651)201-4587(metropolitan Minneapolis-St.Paul)or 1.800-383-9808(greater Minnesota). 101. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. Mr.WDS-3(8107) v.teram,",No-n:00 Authentisign ID:16706484-ACC847DF-8,07-E7DEFF933E7F • z SUBSURFACE SEWAGE TREATMENT 7-13AtalteltRti SYSTEM DISCLOSURE STATEMENT r, This term approved by the Minnesota Association of REALTORSO, U RNET 'which disclaims any tiabtl y arising out of use or misuse of Ibis form. 0209 Minnesota Asscciailon of REAI.TORSO,Edina,M`i CBBURNET.com cs,s:.as,w,:,. n,Fc" 1. Date August 1,2012 • 2. Page 1 of pages:THE REQUIRED MAP IS 3. ATTACHED HERETO AND MADE A PART HEREOF 4. Property located at 4550 Wolverton Place in the City of Orono 5. County of Hennepin Slate of Minnesota,legally described as follows or on 6. attached sheet(the"Property') _ 7. _ 8. This disclosure is not a warranty of any kind by Seiler(s)or any licensees)representing or assisting any party(les)in 9. this transaction,and 1s not a substitute for any Inspections or warranties the party(les)may wish to obtain. 10, BUYER(S)AND SELLER(S)MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OPINE 11. SUBSURFACE SEWAGE TREATMENT SYSTEM AND TO PROVIDE POR APPROPRIATE PROVISIONS IN A 12. CONTRACT BETWEEN BUYERS)AND SELLER(S)WITH RESPECTTO ANY ADViCE/INSPECTiON/DEFECTS. 13. SELLER'S INFORMATION:The following Seller disclosure satisfies MN Statutes Chapter 115.65,Seiler discloses 14. the following Information with the knowledge that even though this Is not a warranty,prospective Buyers may rely on 15. this Information In deciding whether and on what terms to purchase the Property.The Selfer(s) authorizes any 16. licensee(s)representing or assisting any party(les)in this transaction to provide a copy of this statement to any person 17. or entity in connection with any actual or anticipated sale of the Property, 18. Unless Buyer and Seller agree to the contrary In writing before the closing of the sale,a Seiler who tails to disclose 19. the existence or known status of a subsurface sewage treatment system at the lime of sale,and who knew or had 20. reason to know of the existence or known status of the system,is liable to Buyer for costs relating to bringing the 21. system into compliance with subsurface sewage treatment system rules and for reasonable attorney fees for collection 22. of costs from Sailer.An action under this subdivision must be commenced within two years after the date on which 23. Buyer closed the purchase of the real property where the system Is located. 24. Legal requirements exist relating to various aspects of location and status of subsurface sewage treatment systems. 25, Buyer Is advised to contact the local unit(s)of government,state agency or qualified professional which regulates 26. subsurface sewage treatment systems for further information about these issues. 27. The following are representations made by Seller(s)to the extent of Seller(s)actual knowledge,This information Is a 28, disclosure and Is not Intended to be part of any contract between Buyer and Seller. • 29. SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE: 30. (Check the appropriate box.) 31. ❑ Seller certifies that Seller does not know of any subsurface sewage treatment system on or serving the above- 32. scribed real property.(11 this option Is chocked,then skip to the last line and sign and data this Statement.) 33. (17 Seller certifies that the following subsurface sewage treatment system is on or serving the above•described 34. Property. 35. Is the subsurface sewage treatment systom(s)currently In use? Li Y9S ❑No 36. TYPE:(Check appropriate box(es)and Indicate location on attached MAR) 37. VSepilo Tank:❑with drain field ❑with mound system ❑seepage tank ❑with open end 38. Is this system n straight-pipe system? QYes n No ❑Unknown 39. ❑Sealed System(holding tank) 40. ❑Other(Describe): 41. NOTE: It any water use appliance,bedroom or bathroom has been added to the Property,the system may 42. no longer comply with applicable sewage treatment system laws and rules. 43. ORIGINAL COPY TO LiSTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MMPSab•1(eros) {hEOFomU'vAIV2409 Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F Coldwell Banker Burnet SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE STATEMENT 44. Page 2 45. Property located at 4550 Wolverton Place Orono 46. Seiler cr transferor shall disclose to Buyer or transferee what Seller or transferor has knowledge of relative to the 47. compliance status of the subsurface sewage treatment system. 48. 49. 50. Any previous inspeollon report In Setter's possession must be attached to this Disclosure Statement 51. When was the subsurface sewage treatment system Installed? 52, Installer Name/Phone p r 53. Where is tank located?S H$\5 4Q/C�.�t e,&d.. 41101Y\ IA; 11(�W�-. 64. What is tank size? 55. When was tank last pumped? 56. How often Is tank pumped? 57. Whore is the drain field located? 58. What is the drain field size? 59. Describe work performed to the subsurface sewage treatment system since you have owned the Property. 60. 61. 62. Date work performed/by whom: 63. _ 64. Is subsurface sewage treatment system entirely within Property boundary lines,including set bade 65. requirements?_ is the system shared? How many units on system?_ Annual Fee? 66, Comments: _ 67 68. On this Property: v - 69. 70. Approximate number el: 71. people using the subsurface sewage treatment system 72. showers/baths taken per week 73. wash loads per week 74. Distance between well and subsurface sewage treatment system? 75. Have you received any notices from any government agencies relating to the subsurface sewage treatment system? 76. (If"Yes",see attached notice.) [1 Yes D No 77. Are there any known defects in the subsurface sewage treatment system? Dyes ❑No 78. If'Yes",please explain: 79. __ 80. 81. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN•PSS0.2(8169) V. Form S^'A.V1009 Authentisign ID:16706484-ACC8-47DF-8A07-E7DEFF933E7F Caldwell Banker Burnet SUBSURFACE SEWAGE TREATMENT SYSTEM DISCLOSURE STATEMENT 82. Page 3 83. Property located at `1550 Wolverton Place Orono 84. SELLER'S STATEMENT: 85. (To be signed at time of listing.) 86. INWe,Seller(s)of the Property acknowledge the above subsurface sewage treatment system disclosure and MAP 87. and authorizl��st'!i fl,oker to disclose this Information to prospective buyers. 7eB0E1A)A � 6B r b � 02/16/2013 88. 2/16/2013 1 2:21:20 PM (ua5) (Se'kl) (Date) 89. BUYER'S ACKNOWLEDGMENT: 90. (To be signed al time of purchase agreement.) 91, I/We,the Buyer(s) of the Properly acknowledge receipt of this Subsurface Sewage Treatment System Disclosure 92. Statement and MAP and agree that no representation regarding the condition of the subsurface sewage treatment 93. system have been made,other than those made above, 94. LISTING BROKER AND LICENSEES MAKE NO REPRESENTATION AND ARE NOT RESPONSIBLE FOR ANY • 95. CONDITIONS EXISTING IN THE SUBSURFACE SEWAGET •T E SYSTV 1 ` 95. l 0_1/17 4 t /c-ler) mato) : •ei (Data) 97. SELLER'S ACKNOWLEDGMENT: 98. (To be signed at lime of purchase agreement.) 99. AS OF THE DATE OF THE ACCEPTANCE OF THE PURCHASE AGREEMENT, UWe, the Seller(s) of the above 100. Property,agree that the condition of the subsurface sewage treatment system Is the same as noted above,except for 101. changes as Indicated below which have been signed and dated. 102. none 103. 104. -- 105. 108. - • --- ---- -107. 108. 109. -- ----- - 110.111. 112. 113. F7991624-6021-4267-AA.3 -' - 02/16/2013 114. 2/16/21111_17,1.16 Pae (Segel) (Oa!e) (Se:'e/) (Octe) 115. ORIGINAL COPYTO LISTING BROKER;COPIESTO SELLER,BUYER,SELLING BROKER, MN-PSSD-3(8109) WE6Fom,e' Aua2ce9 AuthentisignID:16706484-ACC8.47DF-8A07-E7DEFF933E7F Ct LOCATION MAP K R® ThIS term approved by the Minnesota Assocfatton of REALTORS', BUR NET which disclaims any tiabItty arising out of use or misuse of Hits form. 1) KIN 02009 Minnesota Assoclanon of REALTORS',Edina,MN CSSURNET.com ;..CAI r,C...al,Ili 1. Page _o(_.__.__pages 2. Please use the space below to sketch the real property being sold and,to Seller's knowledge,the approximate location of 3. any of the following on the property. 4. 0 SUBSURFACE SEWAGE TREATMENT SYSTEM ©WELL ❑METHAMPHETAMINE PRODUCTION AREA ...�.._._..._..__ ...-._...._....._..___-._._._.___.—In.C.ee that 5. Include approximate distances from fixed reference points such as streets,buildings and landmarks. 6. Property located at 4550 Wolverton Place 7. Orono 55359 WI c � / r , t ). illL k i2 8. _ SACH ADDITIONAL SHEE AS NEEDED. \-/ �� B. Seller and Buyer initial: y 1-S 02/16/2013 i_ ` I �y eCei) �— (Oale) { . ;e c– . 10. 1 u\ / e2/111,1 ? (Scree) (Dale) -u; ) ate) 11. ORIGINAL COPY TO LISTING BROKER;COPNE• 0 SELLER,BUYER,SELLING BROKER MNd).t 18103) "' 'NEBFomrs''Aug/2009 Authentisign ID:16706484-ACC8-47DF-8AD7-E7DEFF933E7F METHAMPHETAMINE PRODUCTION `113.4I!t11f(ert; t DISCLOSURE STATEMENT �y This form approved by the M nnosota Association of REALTORS^, 11 which disclaims any!LOAN arising out of use or misuse of!hs form. A 2005,Minnesota Association ci REALTORS",Edina,MN CBBURNET.core February20t?. 1, Date 13, 2. Page 1 of pages:THE MAP AND 3. CONTRACTOR'S VERIFICATION, IF ANY, ARE 4. ATTACHED HERETO AND MADE A PART HEREOF 5. Property located at 4550 Wolverton PI 6. In the City of Orono ,County of Heancpin 7. State of Minnesota,legally described as follows or on attached sheet(the°Property") 8. Lot 001 Block 001 FOXFYRE ESTATES 9. 10. This disclosure Is not a warranty of any kind by Seller(s)or any ltconsee(s)representing or assisting any party(lee)In 11. this transaction and Is not a substitute for any Inspections or warranties the party(les)may wish to obtain, 12. BUYER(S)AND SELLER(S)MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS 13. OFTHE PROPERTY ANDTO PROVIDE FOR APPROPRIATE PROVISIONS 114 A CONTRACT BETWEEN 14. BUYER(S)AND SELLER(S)WITH RESP ECT TO ANY ADVICE/INSPECTION/DEFECTS. 16. SELLER'S INFORMATION:The following Seller disclosure satisfies MN Statute 162.0276,Subd.2(m).Seller discloses 16. the following Information with the knowledge that even though this is not a warranty,prospective Buyers may rely on this 17. information In deciding whether and on what terms to purchase the Property. Seller authorizes any licensee(s) 18. representing or assisting any party(fes)in this transaction to provide a copy of this Statement to any person or entity 19. in connection with any actual or anticipated sale of the Property. 20. Unless Buyer and Seller agree to the contrary in writing before the closing of the sale,a Seller who falls to disclose 21. the information required under MN Statute 152.0276,Subd.2(m),at the time of sate,and who knew or had reason to 22, know of methamphetamine production on the Property,is liable to Buyer or transferree for costs relating to remedialion 23. of the Property according to the Department of Health's Clandestine Drug Labs General Cleanup Guidelines(Guidelines) 24. and for reasonable attorneys'foes for collection of costs from Seller.An action under this section must be commenced 26. withinsix years after the date on which Buyer dosed the purchase or transfer of the Property where the mothamphetamine 26. production occurred. 27. The following are representations made by Seller to the extent of Seller's actual knowledge.This information Is a 26. disclosure and Is not Intended to be parl of any contract between Buyer and Seiler. 29. METHAMPHETAMINE PRODUCTION DISCLOSURE: 30. (Check the appropriate box.) 31. Seller Is not aware of any methamphetamine production that has occurred on the Property. 32. ❑ Salter Is aware that methamphetamine production has occurred on the Property. 33. A. If Seller is aware that methamphetamine production has occurred on the Property,Seller❑IS❑iS NOT aware •-•-•(Check ors.)- -•. 34. if there are currently,or have previously been,any orders Issued on the Property by any governmental authority 35. ordering the remediation of a public health nuisance or by-products or degradates from the manufacture of 36. methamphetamine on the Property. 37. B. If answer under(A)is IS,Seller certifies that all orders❑HAVE HAVE NOT been vacated. 38. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER MN:MPDS-2 WOO) 4t'EeFcrms^41,4ov12003 Authentisign ID.16706484-ACC8-47DF-8A07-E7DEFF933E7F • METHAMPHETAMINE PRODUCTION DISCLOSURE STATEMENT 39. Page 2 40. Property located at 4550 Wolverton PI Orono Hennepin _ 41. C. If Seller Is aware that methamphetamine production has occurred on the Property and no order was Issued 42. against the Properly, the Seller makes the following representation regarding the status of removal and 43. remediation of contaminants on the Properly. 44. (Check one.) 45. ❑ The Properly has been remediated according to the Department of Health Guidelines.Attached Is a copy 46. of the contractor's verification that the work was completed according to the Department of Health Guidelines; 47. or 48. 0 Other(explain): 49. 50. - LISTING BROKER AND LICENSEES MAKE NO REPRESENTATIONS AND ARE 51. NOT RESPONSIBLE FOR ANY CONDITIONS EXISTING ON THE PROPERTY. • 52. SELLER'S STATEMENT: 63. (To be signed at time of listing.) 54. Seller(s)hereby slates that the representations as stated above are true and accurate and authorizes any licensees) • 55. representing or assisting any party(los)in this transaction to provide a copy of this Statement to any person or entity 56. In connection with any actual or anticipated sale of the Property. 07F E 2 B77-SD]6JC7 C-335E 57. _._-2 02/16/2013 Gala) ISe'er) --�. (Me) 58. BUYER'S ACKNOWLEDGEMENT: 59. (To be signed al time of purchase agreement.) 60. INJe,the Buyer(s)of the Property,acknowledge receipt of this Statement and gree the o representations regarding 61. methamphetamine production on the Properly have been made other mese mad:/ bove. 1 / 62. .. / L[ç1 • (a ) ' ✓ (pale) 63. SELLER'S ACKNOWLEDGEMENT; • 64. (To be signed at time of purchase agreement.) 65. AS OF THE DATE BELOW, Ilwe,the Setter(s)of the Property, stale that the representations stated above aro the 66. same,except for changes as Indicated below. 67. 68. 69. 70. 71. • 72. BODCA082-COA6-l682-A566 02/16/2013 73. 2/16/2013 12:26:10 PM (Seger) Pats) (Se'e) (Gate) 74. ORIGINAL COPY TO LISTING BROKER;COPIES TO SELLER,BUYER,SELLING BROKER. MN:MPi)S•2(8/06) W eBFomu"Nov/2008 AuerctithIgn ID:56A33680.E8FB•1862.952F-7EF9A088F077 {(.� VIPOW{.p_ AMENDMENT TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS", B7 D 1.TL 7• which disclaims any liability arising out of use or misuse of this fon.vi�L V 1:1 02006 Minnesota Association of REALTORS',Edina,MN CB8URNET.com Ow:Aby6..,,0oxrlic 1. Date 02/27/13 2. The undersigned parties to a Purchase Agreement,dated 02/11/13 ,pertaining to 3. the purchase and sale of the property at 4550 Wolverton Place 4. Orono, MN 55359 5. hereby mutually agree to amend said Purchase Agreement as follows: a. Buyer and Seller agree that the land being conveyed is as described by Proposed Tract B (5.05 Ac.) on the certificate of survey for PID 31- T 118-23-0005 by Schoborg Engineers dated March 25, 2012. Property to be 8. subdivided with the City of Orono prior to closing. All costs 9 associated with the division to be borne by the seller. 10. Installation of a new driveway and grass seed, along with removal of 11 portion of existing drive, per Schoberg Survey of March 25, 2012 . Work to take place after closing. Funds in the amount of 1.5 times the 12. accepted bid to be held in escrow until completion of the work. Work 13, to be completed no later than June 30, 2013. 14' Sellers to put Septic system into a compliant condition for a 5 15. bedroom home (currently compliant for 4 bedrooms) , Work to take place 16 after closing. Funds in the amount of 1.5 times the accepted bid to be held in escrow until completion of the work. Work to be completed no 17. later than June 30, 2013. 18. Closing Date to be April 10, 2013 . 19. 20, Buyers hereby remove the Inspection Contingency subject to the 21 following: Water system to be in working order and inspected (at buyer's expense) 22. prior to close. Any needed repairs will be the Seller's 23 responsibility. Sellers, at Seller's expense, completing the following repairs prior 24. to closing 25. A- Install a Radon mitigation system. B- Replace both water heaters and Master Bedroom furnace 26. C- Install a sump pump with battery back-up. 27. D- Windows & doors to be operable. 28. E- Tuckpoint/repair concrete block in NE corner of Lower Level garage. F- Sealcoat Upper Level garage floor and apron. 29. 30. All other terms and conditions of the Purchase Agreement to remain the same. efe df 6c-4ela.•443 .� 31. �A cam' 02/2712013 �r��r3-4p 1 f 2, (Seller)' Revis Stephenson (Dale) (Buyer) (Dale) 32. ]� (Seller) (Dale) , ( `Y r) (Data) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS, 34. IFYOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN-AMD(8106) /osta 'itZ orms Exhibit B Item#02-PC Agenda- `�/11�?Okbit B File#/1-3531[Total Pages i461 Jacobson Environmental, PLLC Environmental Consultants Wayne Jacobson, P.S.S., W.D.C., P.W.S., A.F.S. 5821 Humboldt Avenue North,Brooklyn Center, MN 55430 (612) 802-6619 Cell Email: jacobsonenv@msn.com www.jacobsonenvironmental.com February 4, 2012 Lori Gherardi JNJ Brothers, LLC. 2985 Watertown Road Orono, MN 55356 Dear Lori: The property located at 4550 Wolferton Lane in Hennepin County, Minnesota in T118N, R23W, SW 1/4 of Section 31 is shown in the attached Figure 6, Ecological Connection Map. We performed an ecological investigation of the site on 2/1/2012 where we responded to requested conservation design checklist items by the City of Orono. 1. Provide written response to the Goals and Policies for Environmental Protection and Natural Resource Management. The intent is to establish the property's ecological connections both within Orono and as part of the regional ecological system. The summary of items addressed is in Appendix A, Conservation Design Checklist. 1 2. a. The property has four basic views (in Appendix B) from Wolferton Place as follows: a. At SW lot corner looking NW where disturbed grassland is seen and several trees around the home which is painted in a beige neutral color which blends with the grassland for a positive view. b. From 4575 Wolferton Place driveway looking NNW which shows disturbed grassland and several planted white spruce, a native species which is another positive view. c. From 4550 Wolferton Place driveway looking SE which shows the beige neutral colored house surrounded by a Kentucky bluegrass lawn and disturbed grassland on the east bordered by planted white spruce, another positive view. d. From 4550 Wolforton Place driveway looking NE at the west tree stand dominated by Quaking Aspen, and the East Tree stand in the background dominated by Box Elder, with Kentucky bluegrass lawn in the front, another positive view. b. Corridor enclosure a. Along McCulley Road on the NW of the property there is an edged enclosure which shields the property with a solid wall of grassed vegetation and trees. b. Along Wolferton Place there is an open enclosure with long views beyond the right-of-way yielding positive views. c. Landmarks-There are no established landmarks on the property. 1 Wetland Delineation-Mitigation-Permitting-Monitoring-Banking-Functional Analysis Phase I Environmental Assessments-EAW's-Hydric Soil Delineation-Referrals Pond & Lake Weed Removal-Tree Surveys-Management Plans Item 402-PC Agenda- *02/2112012 File 411-3531(Total Pages 1481 Jacobson Environmental, PLLC Environmental Consultants Wayne Jacobson, P.S.S., W.D.C., P.W.S.,A.F.S. 5821 Humboldt Avenue North, Brooklyn Center, MN 55430 (612)802-6619 Cell r Email: jacobsonenv@msn.com www.jacobsonenvironmental.com r r 3. Natural Resource Inventory a. Review and Document the MLCCS data pertinent to the site. r i. On the Level 1 and Level 3 MLCCS Inventory the site was classified as r planted or cultivated vegetation. ii. There were no Natural Areas documented on the site by the MLCCS Inventory. e. Site Analysis i. Conceptual greenways and open space corridors 1. West and East Tree Stand Areas and Grassland North 0 Area on North 1 a. West Tree Stand Species Composition Quaking Aspen 95% 0 Box Elder 5% b. East Tree Stand Species Composition 0 Box Elder 90% Green Ash 7% 0 Cottonwood 2% ` Black Willow 1% 1 2. Grassland South Area along South Grassland Species Composition 70% Smooth Brome 1 10% Tall Goldenrod 5% Canada Goldenrod 5% Kentucky Bluegrass 1 5% Reed Canarygrass 0 3% Big Bluestem <1% Canada Thistle 0 <1%Stinging Nettle 1 <1%Common Milkweed ii. Existence of rare plant communities which there are none 0 iii. Potential Need for Proactive Management and Protection 1. Remove Common buckthorn in West and East tree stand areas 2. Remove North and South grassland areas and plant into native Prairie eliminating invasive Smooth brome grass. J P Wetland Delineation-Mitigation-Permitting-Monitoring-Banking-Functional Analysis Phase I Environmental Assessments-EAW's-Hydric Soil Delineation-Referrals Pond &Lake Weed Removal-Tree Surveys-Management Plans !tern#02-PC Agenda- *02/21/2012 p' File#11-3531[Total Pages/481 1 Jacobson Environmental, PLLC Environmental Consultants Wayne Jacobson, P.S.S., W.D.C., P.W.S., A.F.S. 0 5821 Humboldt Avenue North, Brooklyn Center, MN 55430 (612) 802-6619 Cell Email: iacobsonenvCDmsn.corn www.jacobsonenvironmental.com p 4. Conservation Design Master Plan i b. Stormwater Master Plan—suspended until future site plans submitted. c. Invasive Species Removal and Management Plan 1. Smooth Brome Grass - Bromus inermis removal from North and South Grassland Area— see Appendix C 2. Common Buckthorn — Rhamnus cathartica removal from West and East Tree Stands—see Appendix D 3. Reed Canarygrass—Phalaris arundinacea allowed to remain in wetland areas because they are ecologically off limits and cannot be disturbed without a permit and sequencing analysis. d. Tree mitigation and diseased tree plan— diseased trees will be cut down and removed from the site, trees native to the big woods area will be replanted as replacements such as: P Basswood—Tilia americana Sugar Maple—Acer saccharum Red Oak—Quercus rubra 10 Hackberry —Celtis occidentalis Black Cherry—Prunus serotina p 0 e. Tree protection plan —The west and east tree stands will be protected on the site. If trees are lost from these areas, trees from item d. above will be planted as replacements. f. Wetland protection and mitigation plan—The Common buckthorn will be removed per Appendix D methods from the wetland buffer and wetland buffer signage will be . installed every 100 feet along the south wetland buffer zone, 25 feet from the wetland edge (4 signs). g. Negative Impacts to ecological communities— no negative impacts are planned. h. Maintenance of Ecological Connections—Ecological connections would be present along the north and south areas of the site through the tree stands and native grassland. 0 Views — Positive views will be maintained by future development by Orono conservation design principles. j. Landmarks—no landmarks exist on the current property. 0 p Wetland Delineation-Mitigation-Permitting-Monitoring-Banking-Functional Analysis Phase I Environmental Assessments-EAW's-Hydric Soil Delineation-Referrals Pond & Lake Weed Removal-Tree Surveys-Management Plans I Item#02-PC Agenda- *02/21/2012 File#11-3531[Total Pages 1481 Jacobson Environmental, PLLC Environmental Consultants Wayne Jacobson, P.S.S., W.D.C.,P.W.S., A.F.S. 5821 Humboldt Avenue North, Brooklyn Center, MN 55430 (612) 802-6619 Cell Email: iacobsonenv@msn.com www.jacobsonenvironmental.com 5. N/A 6. N/A P 7. Long Term Preservation—The future property owners will maintain the North Tree Stands, and the South Native Grassland. 110 ID 8. The future property owner will agree to the items specified in this document by covenant agreement with the City of Orono. P Thank you for the opportunity to serve you on this site. Sincerely, • ill -732l7 Wayne E. Jacobson, P.S.S., W.D.C., P.W.S., A.F.S. Senior Scientist p p M P p P p P p . P p p p p p Wetland Delineation-Mitigation-Permitting-Monitoring-Banking-Functional Analysis Phase I Environmental Assessments-EAW's-Hydric Soil Delineation-Referrals Pond &Lake Weed Removal-Tree Surveys-Management Plans p i Item 402-PC Agenda-'02,'21'2012 File#11-3531[Total Pages 148/ 0 - L A 1 ,...4.;:„..•,...-o. {.:. t� i •4'i r„ t-trrY. rSt.+� S F K `�w. '�'r'� N ;7�� f ` S 'l•rry 1 fd :77t �.`S [T' tP}..: \� i.r • ps '!re'gg.,.. a• r, } , yr ' � i �' 'q i ,t ; .4�. I ,1 • • � ,,F4:;-'5.".• " ' r1 y= � - � -- VV-1 Type 2 ( ' `a r Y ••r•, .'1...t.,.' x 'a . 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Ht sj 1 r • w ";p}'li e i ,,,,,:t- ..� •s ry..yM .` 2 . 4:.. 4F� ', Site VJ t :? :t --1 .';A, 1L. Y-� •,-1 - H 7t ' Yas Zte.d' + tii, •�'-.a .,.5. M ••'t n .r7_.} .. f .10:,::,-..;.1;11-. .;-.•!-.•r Yt'4 Maple Plaine, Flennepin County, Minnesota ;� Jacobson Environmental. PLLC. w'rlf•-'a Phone (e 12)-9028610 0 50 100 200 2 C-meil:lacobsocenv@msn.rbm Pmh:p Nnnr. Dais �Ufe 6 4550 WoNonnn Pt>tii>c PN'nt,MN 5.05.VI 2, !`= Feet EcologicalMOX Nom. Proled No. Connection Map 4504N bwum 10401 I 0 k p Item 402-PC Agenda- '02/21/2012 Frle t111-3531[Total Pages 148] p p APPENDIX A Conservation Design Checklist p p p p p p p p p p p p p I p p p p p p r p p p p p p p p p p p p 0 p hem#02 33-PC Agenda- *02/21/2011 h ..,fc #Ill'AKem/T9ypliPa 148] hlle 11-3331 f/'wal/'arev 1201 P t City of Orono- Conservation Design Check List 11 4450 Wolverton 11-3531 1-12-12 0 BASIC APPLICATION AND PLAN REQUIREMENTS Sec,78-1634.Application requirements and procedures, i Item Development Steps Action Item Review and provide written response to the Goals and Policies for Environmental t Protection and Natural Resource Management as established In the Orono • 0 L Community Management Plan and the recommendations contained within the Orono Natural Resources Inventory,The intent is to establish the property's submit ecological connections both within Orono and as part of the regional ecological system. 2. Rural Oasis Study If the property exists adjacent to a documented corridor In the Rural Oasis Study, 1 review and respond to the existing aesthetic and ecological analysis. NA If the property Is not adjacent to a documented corridor In the Rural Oasis Study, 0 developer shall have a qualified consultant prepare a similar analysis and submit It to the city for review.This analysis shall include the documentation of: a. views, b. corridor enclosure, c. and landmarks through a plan analysis and photographs, submit 0 Developer shall be charged a standard fee established in the city fee schedule to 0 , cover the expenses of the city In hieing a consultant to review the ecological site analysis submitted by the developer. 3 Natural Resource Inventory, Include all of the following elements: 0 a. Review and document the MLCCS data pertinent to the site. Submit Discussion b. Tree survey • ' Include all significant individual trees greater than six feet diameter; and I OK stands of trees, identifying tree species and size. c. Wetland Inventory and Wetland Buffer �K Include delineation reports. d. Topographic survey — OK _ include existing drainage patterns. P 0 1 enge I of Il ri Item#02-PC Agenda-"02/21/2012 III ltrgt1f1#I/T3,� eiz-gt9i7Q¢�1:'i48J II1 tie 11-3531(Tauri Pomo.1201 ID e. Site Analysis Analysis of the site based on the findings and recommendations of the Orono Natural Resources inventory with regards to: •Conceptual greenways and open space corridors; • 0 I Submit 111 •Existence of rare plant communities; Ii •Potential need for proactive management and protection. ID • P 111 0 Sec,78-1635.Basic Conservation Design Master Plan requirements and evaluation criteria. • IPItem! Conservation Design Master Plan Action Item ' 4. a• Consideration of the existing drainage system OK 110b.b. Stormwater Management Plan! ' . Establishment of a stormwater management system,using multi-cell • • ' treatment principles,and defining proposed methods of storm water Submit phosphorus reduction c. Invasive Species Removal and Management Plan i — — — Submit -----PI j d. Tree Mitigation and Diseased Tree Plan ___Submit _I ' e. Tree Protection Plan ; Protection of significant tree stands and woodlands that support scenic Mand/or ecological goals, Including mitigation of any such stands to be Submit Impacted by development activities I •• i 0 f. Wetland Protection and Mitigation Plan Protection of existing wetlands,including augmentation of buffers, See 1-9- 111 mitigation of impacts,and enhancement of degraded systems 12 Smyth Memo • g. Justification and mitigation of any negative Impact to ecological • P communities. • "Negative Impact"includes any modification to a lower level of ecological Submit 0 community quality,. as described by the Minnesota Land Cover Classification System(M 3cY Modifiers) — h. Define Maintenance of Ecological Connections 1 Through site design, as shown on the Orono Natural Resource Inventory Submit i -------- I. Views -- 1 Maintenance and protection of existing positive views, and mitigation of any Submit existing or proposed negative views using appropriate measures such as site layout, screening, budding design and coloration,etc. 0 J. Landmarks -` Preservation or reinterpretation of existing landtnerks. Submit p ---- — — 0 0 ® r:ge2 o'4 P 1 k IP li item#02-SSPC Agenda77ttnn -"02//21/2012 He�N tI�1 1!<f 3241n �r7I ragg��I481 II 1 lk'11.3531%foal Pages 12r1/ II • DENSITY BONUS STANDARDS II Iternj Sec, 78-1636,Density bonuses for urban density development. Action Item IFor residential development In Orono's defined urban area (zoning districts allowing densities In excess of one unit per two aces,and including properties Identified In 10 the Orono Community Management Plan for conversion to urban density)within the ranges of the guided density a density bonus may be allowed If the city council 110 B finds that the performance bonus requirements of this division have been met.The NA • II city council shall determine the extent of density bonus awarded for such properties. Example: Properties guided In the Community Management Plan for a pdensity range of two--four units per acre have a base density of two units per acre; while the high end of the density range Is not guaranteed, the city council at its 11/ discretion may allow development at a final density of up to four units per acre 110 i through the performance bonus process. 1 Item Sec.78-1637.Performance bonus requirements. Action Item Within to urban density area,developers have the opportunity to increase the _ 0 base density by going above and beyond the Basic Conservation Design Master Plan requirement.By implementing a combination of development enhancements that II 6. not only preserve but Improve the natural characteristics of the property or NA 1110 preserve and enhance existing landmarks,the developer shall become eligible for a density bonus.The extent of such density bonus shall be determined by the city P council. Development enhancements include but are not necessarily limited to the following:IP _— a. Reforestation beyond existing woodland limits; -1- NA b. Water quality improvements; N c. Improvements in ecological grade of existing communities; 10 N.11 II d. Upgrading of edge buffering to maximum,or tunneled,character; and NA II e. Major preservation or enhancement of existing landmarks, NA . . _.__. --_ — --- i LONG-TERM PRESERVATION Item Sec.78-1638.Preservation requirements. Action Item II The developer shall establish and Implement measures that will ensure the II preservation and maintenance of those elements of the development that are determined to require long-term or permanent protection from development or 7. misuse. Such measures may Include but are not limited to:conservation submit II I easements; deed restrictions; private covenants;transfer of ownership to agencies such as the Minnesota Land Trust or the Nature Conservancy,or to the city via • dedlcaton, etc. I _ _^ _ ._._... . ..__...._._.._________ G II I IIPayeaof, II II k 110 Item 002-PC Agenda- *02/21,2012 hhweri3LUpd'.wia,ocai P,agaril48J S riir,II-3531 f(Hal Page.,I1u1 • Item! Sec.78-1639. Buyer education. --— Action Item 11/ The developer shall establish covenants documenting the elements of the r 8. development to be protected and how they are to be protected,and shall establish a defined program for education of the initial purchasers of lots within the Submit development as to the limitations that affect future use of the property. i Sec. 78-1640. Resources. IP The primary references for facilitating the conservation design process include the following. 11/ • •Orono Rural Oasis Study(DSU, 2005), •2008--2030 City of Orono Community Management Plan, Chapter 3A--Environmental Protection Plan . (City of Orono, 2009). . 'Orono Natural Resources Inventory(Hennepin County Department of Environmental Services/Bonestroo Natural Resources Group,2006), 'Minnesota Land Cover Classification System(MLCCS). • M --- -- ------ S S S S S S S S S S S S S 0 S S -age 4^I I I I hem#02-PC Agenda- *02/21/2012 File#11-3531[Tow!Pages 148] APPENDIX B Photographs of Site Views d i i I I I I 0 0 0 I i 1 S 1 i I 1 0 R i 1 0 1 1 0 P 1 1 1 1 1 0 WIPIPAWW11111Fir efilifirlIFIFIF1. 111 WWIFIPW ,wirtir wwwWWWWWWWWW 171/10417417WWW1IP • , ,,,s . ,i - ,,;.tisi,,•,:',..,:il _ 1. -.. ,01,t4N .., - v,-.,.., :..r . .......:;.,,,N. •-.1., ,., -, ,ALI. •,41•1 1.4740.'.11. .' l.q.,,,, . . '.-:.- :;,,3A,I. „"Of I 1.. ,;' •11:,,,,fe:'z,(1.cp,,"",,A..;• ,- • . ,': ; 4. "EA ".1„„,,c..10. ..41,••`1.%/Di't;.• . , „rot: , .„, ,;; fil,t,.'...'cL,,,t.w",•‘.?:.''.-•••ill'el 4 .. V ''. ' 1 • •,t:,.:••i'.',4 4.ibworic5,1„:„.....,.t;,,,,,,,,,,,,.., .. .- - . , ......,. .'!.:.:?:..v. ,-: . 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IP t i. • 11 • I�■ • ' i ! ! .} ; • 3 ' ,fir i k.I f[• fs 1 t ` . }}'' f ,,' : jd e ,. r yt . h ,.;4.,1..,''i...':-.,1].(:'-'41::-.. , ) •",-,„—,,..,7,7‘ i` lC 1 •,‘ ,•j Xr[k+ 'M- -it ' )>', -. * cer '' e- -.3...-741•;. • ^G g • • �'"F . ylk, f � F t.•� 2 # 1,, l 5 ,,p,y, p x C , • y. -"`'`ash 'w 3.s 4� T 'tr ' IIIt3C 1. .x x f 2T r00 ,,,�.�e. �' - From 4550 Wolffrton Place. Driveway on Ilial Ioo ding 275 degrees (W) hem 402-PC Agenda-'02/21/2012 File#11-3531[Total Pages 148] i APPENDIX C I Native Grass Planting Plan & Removal of Smooth Brame Grass i i I I i P I i i p t p i M i p r p r d p i i p p p I w Item 402-PC Agenda- *02/21/2012 File#11-3531[Total Pages 148] 1111 Appendix C Native Grassland Establishment and Management Plan For 4550 Wolferton Place Orono, MN February 4. 2012 I.Overview: This project is For the establishment of 189,834 sf of native grassland buffer. The created buffer will depend primarily upon surface water from adjacent land to establish the necessary hydrology. 111/ Therefore it is important that the grading is done carefully and planned in accordance with the grading 10 plan, i[. General Project Goals: 'l'he primary goal of this project is to create high quality buffer areas that will greatly exceed the functions and values of the disturbed grassland. One seed mix will he installed at appropriate locations following the latest standards and guidelines of the BWSR entitled "Guidelines for Restoring and Managing Native Wetland Vegetation." There may he some variation from these guidelines where timing and site conditions warrant modification. Five years ofaficrcare are planned to 1110 control invasive species such as smooth hrome,canada thistle, stinging nettle, and reed canary grass. III. Specific Buffer Goals: The goal of this project is to establish: - 189,834 slot'Buller establishment Below is u summary of the specific areas of restoration a.'shown on the 4550 Wolferton Establishment Plan Figures: Buffer Size Size Area (11.2) (acres) Type North 10,485 0.24 Buffer South 179,349 4.12 13uffer r Total = 189.834 4.36 Buffer 110 p IV, Grading Considerations: Prior to establishing the contours on the mitigation areas careful removal and sorting of the sod and native soils must take place to minimize contamination by seed and roots of'invasive species. This grading must he done while in the presence of the project manager, who preferably is a natural resource scientist or other qualified individual. The following specific specifications must he followed: p i p P i . Item#02-PC Agenda-*02/21/2012 File#11-3531/Total Pages 1481 p i Area A & B In buffer arca A the top 3 inches of sod and soil and turf will be removed and wasted for use as till on non-mitigation areas on the site. These areas will then be top dressed and shaped using the remaining soil. Coordination Issues The project manager and contractor must meet on site prior to any excavation detailed in this section. All areas must he properly staked and identified prior to excavation. Spoil stock pile sites must he agreed to 111/ before any work is done to maximize efficiency and minimize cross contamination issues. If extensive root systems remain after initial sod stripping operations, addition soil may have to he stripped from areas of concern identified by the project manager. 111 Erosion Control and Tillage Issues After the final grade contours have been achieved and approved by the project manager. the site must he immediately tilled to 6 inches deep to break up clods and eliminate compaction by grading equipment to assure establishment of a suitable seed bed. Silt fences must be installed in any areas that would be subject M •to erosion of sediment from the site as well onto the site from upland grading activities. IV, Seeding Specifications: a. Timing of Seeding: Due to the small sire of most wetland seed varieties, all seed will he 1 broadcast. To maximize success, the planting of seed can only occur within two small windows, April 1 to June 15 or October 15 to December 1. Therefore finish grading should he scheduled 111 accordingly. Fall dormant planting has some benefits for germination of some species so should be considered as the first choice. If the grading of the project is done in phases. the timeline for seeding must he adjusted accordingly. The owner will give the seeding contractor at least two weeks notice to make sure the necessary seed can he ordered and he on hand. 111 1 h. Seed Mix and Installation Specifications*: Buffer area A will be seeded with BWSR Mix 35- 621 at 11.0 pounds of pure live seed (PLS) per acre. The Appendix contains the specifications for the seed mixes specified. Below is a table and summary of seed mixes. 1 Rate Est. Total Amt. Seed Mix (1b./ac.) Seed Used (lbs.) BWSR Mix 35-621 Dry Prairie Southeast 11 TBI) *Note: Sec"Guidelines for Restoring and Managing Native Wetland Vegetation" for seed mix 111, percentages and specifications for seed density on a square foot basis. 2 I item#02-PC Agenda- '02/21/2012 File#11-3531[Total Pages 148] S S i • c. Site Preparation and Seeding Technique: The site will he re-tilled as needed to break up any 110 large clods left from the earth moving phase of the project, except where wet conditions preclude 11/ tillage. All seed will be broadcast using various broadcast spreading techniques. Where wet soils exist, hand operated broadcasters will be used. Small seed (generally containing more than 100,000 seeds per ounce) will be segregated, matched to suitable sites. mixed with sand and hand spread to maximize dispersion in their suitable hydrologic habitats. The upland buffer areas will he dragged after the seed is broadcast as needed to achieve proper seed to soil contact. Straw mulch will he applied at 1.5 tons per acre and disk anchored where possible. On any slopes in the 110 huller area exceeding a 10 percent slope. straw erosion blanket will be installed after seeding. S ., Installation Note I: Seed will he custom ordered. Certain seed mix components will he bagged separately to allow special hand installation due to size and habitat requirement considerations. S . V. Prevention of Introduction of Invasive Species: It is important that any topsoil that is placed on . the site he free of'any rhizomes and seed from vegetation that is undesirable in a wetland. Therefore it is imperative that the coordination between the grading contractor and the project manager is adhered to carefully as specified earlier in this Appendix. Also, any mulch used should free of weed seed. Certified Weed Free Mulch. grain straw,and wood fiber mulch is acceptable. Under no circumstances may hay. wild hay. alfalfa. or marsh hay be used as mulch. Vt. Aftercare/ Invasive Species Management: It is critical to any restoration project to provide monitoring and aftercare for several seasons until the late successional species are established. Aftercare will include spot spraying two times during the first growing season (June. August), two times during each year(June and late August) for years 2 and 3,and once a year in years 4 and 5. Target species of the spraying program include, but are not limited to, Canada -Thistle. Reed Canary Grass, Smooth Biome. and ! Stinging Nettle. Spot mowing and inter-seeding will he done as necessary,as determined by monitoring. . l'or example, if the selected nurse crop establishes better than expected, the entire site would need to be mowed to about 8- to 12" to prevent setting of seed. Mowing of the nurse crop must he done carefully to avoid clumped cut material from impeding the growth of slower growing native species. Further. if the . construction schedule results in the need to plant the temporary mixes, any undesirable species that start to establish themselves will he controlled before they set seed. s p s r R e I I I i 0 3 •I hem 402-PC Agenda-*02/21/2012 File 411-3531[Total Pages 1481 p p p VII. P reconstruction Meeting: The success of a planting relies to a large part on the coordination of the 0 efforts of the owner, the project manager, the consultants, the earth work contractor, and the seeding . contractor so that the needs and requirements of each party are realized. Therefore, a pre-construction meeting must he held for the benefit of all parties to allow questions to be fielded and to provide a tentative project schedule. P . This plan was prepared by Wayne Jacobson, PWS, WDC on February 4. 2012. Contact Information: Wayne Jacobson, Professional Wetland Scientist Jacobson Environmental, PLLC 0 5821 Humboldt Avenue North Brooklyn Center, MN 55430 Phone: 612-802-6619 i !:mail:jacohsonenv(a>,msn.com P 110 1111 P i i 0 i r i P 1 1 • P i t r t P 1 •t 4 0 0 Item#02-PC Agenda- *02/21/2012 File#11-3531[Total Pages 148] 111 Appendix 111 (seed mix specifications) S S S S S S i S p i S S S S S S S S S S S S S I S S i S S S S I S S 5 r It 110 Item#02-PC Agenda- *02/21/2012 File#11-3531[Total Pages 148] I I ID 35-621 Dry Prairie Southeast ® Common Name Scientific Name Rate I Rate %of Mix Sleds/ (kg/ha) l (lblac) (%by wt) sq ft IIside-oats grama Bouteloua curtipendula 1.27 1.13 ._ 10.23% 2.48 11) blue grama Bouteloua gracilis 0.76 0.68 6.19% 10.00 kalm's brome Bromus kaimii 0.35 0.31 2.78% 0.90 . nodding wild rye Elymus canadensis 1.68 1.50 13.61% 4 2.86 . slender wheatgrass Elymus trachycaulus 1.32 1.18 10.76% 3.00 junegrass Koeleria macrantha 0.46 0.41 3.71% 4 30.00 I, little bluestem Schizachyrium scoparium 1.69 1.51 13.70% 8.3011/ sand dropseed Sporobolus cryptandrus 0.25 0.22 1.98% 16.00 prairie dropseed Sporobolus heterolepis 0.29 _ 0.26 2.32% 1.50 Total Grasses 8.07 7.20 65.28% 75.04 II butterfly milkweed Asclepias tuberose 0.07 0.06 0.52% 0.09 whorled milkweed Asclepias vertici/lata 0.01 0.01 0.11% 0.05 1111 bird's foot coreopsis Coreopsis palmate 0.06 , 0.05 0.50% 0.20 I white prairie clover Dales Candida 0.10 0.09 0.789° 0.60 purple prairie clover Dalea.put-puree 0.17 0.15 1.32% 0.80 r ox-eye Heliopsis heliantholdes 0.07 0.06 0.51% I 0.13 round-headed bush clover Lespedeza capitate 0.03 0.03 0.31% 0.10 I rough blazing star Liatris aspera 0.02 0.02 0.17% 0.11 dotted blazing star Liatris punctata 0.02 0.02 0.23% 0.06 III _wild ber mot Monarda fistulosa 0.03 0.03 0.30% 0.85 horsemint Monarda punctata 0.02 , 0.02 0.22% 0.80 stiff goldenrod Oligoneuron rigidum 0.07 0.06 0.59% 0.98 large-flowered beard tongue Penstemon grandiflorus 0.04 0.04 0.35% 0.20 II black-eyed Susan Rudbeckia hirta 0.10 0.09 0.86% 3.20 . gray goldenrod solidago nemoralis 0.01 0.01 0.14% 1.65 Syrnphyotrichum I skyblue aster oolentangiense 0.01 0.01 0.06% 0.20 silky aster Symphyotrichum sencoum 0.02 , 0.02 0.19% 0.20 bracted spiderwort Tradescantia bracteeta 0.01 0.01 0.12% 0.05 II, heart-leaved alexanders Zizia eptera 0.02 0.02 0.21% i_ 0.10 11, Total Forbs 0.90 0.80 7.49% 10.37 Oats or winter wheat(see note at I, beginning of list for recommended dates) 3.36 3.00 27.23% 1.33 II _ Total Cover Crop 3.36 3.00 27.23% 1.33 Totals: 12.33 11.00 100.00% 86.75I _ Purpose: Regional dry prairie reconstruction for wetland mitigation, ecological lb restoration,or conservation program plantings. Planting Area: Eastern Broadleaf Forest Province excluding Hardwood Hills subsection. . Mn/DOT Districts Metro&6 110 I I I I IP I I I Exhibit C Certificate of Survey Prepared for: Lori Gherordi NE Cama of SW v°-- Section.31-118-2.3. Hennepin County, s/N n (,. / o Edge of Wetland -N line of SW X. I Pi eat �o`.(y0a/,fxlst S 8958'10 x'(67 .93 (plot) Nrurlo^31-118-23, £ emenl-c. •l r - -.-.--_-. ` per County; bN 1 / Dri t c:-:-: �•�. Odilmt°d.Wet(o3(d 538 S 48515 WC-�," r , __ r !_L ��y��i 89,40 (p 1) } `/_"_�'+— ��-__ �._.�. \ 1 y l £'o•o/Wetlands '1 `i g ` Y 'sin \ ,[ 's '--Wetland Buffer R �' ' D&� p C�1 J`' , ` �Drahage Easement Line 4 11 4c/ \--,.., 0° \p 1sy,. ( Proposed-' • - �) -- , --Wetland Structure?Setback Vv �P Orive"•o n --Bit. Driveway; ^p" �� +away�J I (to be abandon — T —5_144.07�w i or. ( � i —�� g� ;U�y �; . t �•-„,T. Playground--n ( I 1\-)'� \ Pro "� r 177. (undMoln) r o S{Ctu ,4•aH Accessy ~ r t . r(fa be r aro o-- ` (Option 2) I u_ remota) 2 I) x 327.3--- -f - zoo I L,\ 100- J ;Y 40..-1 r 1 lij ._ � H. D l P oposed Tract Lq _ • i (5,05 Ac.) c«a ' 100-- • [rete-, • `D g P N6 Is. \% Exlst.�. \ I 1 SeP\ie\ I 'r0 House • \\ W \ccr, �� N \N .` (\p'*- nq \`� I p / I o O I - \ Pm�. ISeptic--,-_r / �I }s ret laropois, Tract BI d i1 I V.c' i S0 7AAProx '�•,l 1 • 1'3105 AC,) �W Drolo F7sfd� n i // f _ _ r `l /`(Der skalah\ \ DRU ao ( \IsO \y alba) �.� L• =-4,,11:_, 5O r_ • NN: • .c F� ''`too `� �� \Ir\ T'J I 5- t \ ooCs- .\ 1 \ - r \:\ , \v 53'00" S B9:3Y20"£ Place 00� 232,89 (plat) C • - Hardcover Calculations (so. H): Site Address.. 4550 Wolverton Noce Existing House 6,110 Orono, MN Bituminous Driveway 9.520 Concrete (front) 5,930 Ltsead Deck 1,290 Pt°No• Jt-118-23-31-0045 0 Found Iron Monument Concrete(rear) 1.085 Ployground 1,000 (p1 E&Jsting Well foto)Nord oor Y7ze550 Tatat Porte/Area; 439.830 sq. /t (10.10 Acres) Exist, Existing Drainage er Oat" Wally Eosernent Total Area 439,830 Notes. Wetland delineolion and proposed septic Pi Proposed Drainage R Percent Hardcore 6.3X location information provided by Jacobson Oda/ Welty EasementEmvonmentol, PLLC Proposed 7mct_B Hardcover(sa- IL), Existing House 6,110 Romoining Bit. Daresay 4,739 Proposed BIL Damao), 5,888 Concrete (/root) 5.930 Deck 1,290 3Cai.£ Concrete(icor) 1,085 'C0 0 roe 100 Playground 1,000 Exlslirm Desert/Won(suoolled by client) Misc. Underlain Lot 1, Block I. FOXFYRE ESTATES Toto!Hordcoeer 28,2857 °acard ing to the recorded plot thereof, 1 tools 100 feel Hennepin County, Minnesota. Sub)ect to Tract 8 Arco 219,915 any and all easements of record Percent Hardcover I,IOX Bearings based on assumed doturrm. I hereby certify that this certificate of survey was Job Number. 7357 SCHosoRC, ,herebd by me or under my dxeot survey and Boc Y/Pope: tL Not/am o duly Roe tered Lond Surveyor under the LA D SERVICES ""' °"�° °1 Mnneeoio. Survey Data 10-14-11 ‘,,,,,..4", Drawing Name: ghe ardl-LI-8I-FOXFYRCdwg INC. 110 r %i. --tDrown by. 1CLB A�l1 Poul B. 5'droborg Redslons• 10-18-11, 10-19-IL 10-24-17, 763-972-J221 B997 Ca Rd. 13 SE Dote: /Vie '5' Registration Na 14700 10-28-11, 10-31-I1, 12-19-1t, 12-20-11, w'w.SMober landmn Delano,MN 55328 3-14-12 3-27-12(prop.descrstims) SHEET 7 OF 2 Exhibit D 41afowolverbin }ticei 111 ill I 111 I 111 I II1 Il i IL 1 Doc No A09935364 Certified,filed and/or recorded on 4/10/1311:00AMi Office of the County.Rec order Hennepin County, Minnesota Martin McCormick, County Recorder Mark V.Chapin,County Auditor and Treasurer Deputy 26 Pkg ID 954062C Doc Name:Easement Document Recording Fee $48.00 Non Certified Copy of $8.00 Document Document Total $54.00 This cover sheet.is now a permanent part of Me recorded document. (reserved for • ,;:,: friarnsr c) GRANT' OF PERMANENT TREE STAND AND NAIIVE GRASSLAND PRESERVATION AND CONSERVATION EASEMENT WOLVERTON PLACE,LLC,a Minnesota limited liability company("Grantor"),in consideration of good and valuable consideration,the receipt and sufficiency of which is here acknowledged, does hereby create and grant unto the Cl "Y OF ORONO,a municipal corporation organized and existing under the laws of the State of Minnesota,Erre Grantee,a permanent tree stand and native grassland preservation and conservation easement for the purposes set forth in this instrument over, under,and across the premises described in the attached Exhibit"A"(the -easement premises")and depicted on the attached Exhibit"B'. f. Except as specifically provided in paragraph 2 below,the following are prohibited in perpetuity on the easement premises: A. Constructing or installing buildings or anything made by man. B. Cutting,removing, or altering trees or other vegetation,except for noxious weeds or diseased trees,or as directed by a governmental agency. Removing dead trees,trimming trees to maintain health, and removing trees and branches that create a safety problem may be undertaken with the approval of the City Forester. C Excavation or filling D. Application of fertilizers,whether natural or chemical. 153735 I B. The deposit of waste,yard waste,or debris. F. The application of herbicides, pesticides,and insecticides, except for noxious weed control by or as directed by the City Forester. G. Outside storage of any kind. H. Activity detrimental to the preservation of the scenic beauty,vegetation, and wildlife. 2. The following are permitted on the easement premises with the approval of the City Forester. A. Constructing and maintaining natural walleways consisting of woad chips, crushed limestone,or similar material; outdoor furniture such as benches, chairs,swings;and other structures which do not require vegetation removal. B. Habitat improvemeats such as bird houses and planting vegetation indigenous to the area. 3. Grantor understands and agrees that the easement premises must be protected per the recommendations and provisions ofthe Conservation Design Report and Plan prepared by Jacobson Enviranm-nit!,PI LC dated February 4,2012,Mulch is attached hereto as Exhibit"C" specifically Item 4 entitled "Conservation Design Master Plan"and Item 7 entitled "Long Term Preservation". 4. Grantor, for itself and its successors,and assigns,further grants the City the affirmative right,but not the obligation to enter upon the subject property at any time to enforce compliance with the terms of this instrument. 5. The City has the right,but,not the obligation to enforce compliance with the terms of this instrument. 6. The above named Grantor,for itself, its successors and assigns does covenant with the City,its successors and assigns,that it is well seized in fee title of the above described easement premises;that it hays the sole right to grant and convey the easement to the City;that 153735 2 there are no imrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. IN WITNESS WBEEREFF,the Grantor hereto las executed this easement this day of ,2013. GRANTOR: • W OLRTON PLACE,LLC By:�----y- 44- AAA By: Its STATE OF MIISOTA ss. COUNTY OF.....491:11",-. The foregoing instrument was Prknowledged before me this day of (Alec-1 ,2013,by w is I,.. .-fit and by the 7r and of Wolverton Place,LIt,a Mitmesota limited IiabiLity company,on behalf of the company,the Grantor. ire► +c�T i Notary Public Nemo L Kingsle} Notary Public t z�"*'•rE�p Minnesota 7e1;1,'' r Cembiaisi ba s Jcitory 81.2416 INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Pro,Banat Association 317 Bagandale Office Center 1380 Corporate Center Curve Ram,Minnesota 55121 Telephone: (612)452-5000 sr M/r 163735 3 EXffHMI "A#1 Legal Descriptions of Tree Stand and Prep,land Preservation and Conservation Euement:: Weft Tie Sand That part of Lot 1,Block 1,FOXFYRE ESTATES,according to the recorded plat thereof, Hennepin County,Minnesota,described as follows: Commenting at tie nit tomer of the Sotdrwen Quarter of Section 31,Township 118 North, Range 23 West,Hennepin County,Ivitniesota;thence,on an assumed bearing of South 89 degrees 56 minutes 10 seconds West,along the north lint of said Southwest Quarter,a dlance of 538.00 fret to the:IlaftheeSt wow of said Lot 1;tierce citing South 89 degrees 56 rrmirniti-s 10 seconds West;along the north line of said Lot.1,a dinar=of 534.90 feet;to the point of ming oftlrr easement to be delimited;thence South.89 degrees 56 minutes 10 seconds West, along saidt nth line,a distance of 139.04 feet to the northwest comer of said Lot 1;thence South. 48 dewees 51 minutes 59 seconds West,Orme-the northwesterly line of said Lot 1,a distance of 59.96 feetto the westerly most comer of said Lot 1;theroce South 81 degrees 25 minutes 47 se .East distance of43.61)feet thence South 75 degrees 22 minutes 44 seconds East a distance of330.90 fry thence Scutt.87 degrees 55 minutes 28 seconds Wit,a distance of31.88 f theneeNorth 88 degrees 47 minutes 15 seconds East adistm a of 84.28 feet ihmiceblorth 67 degrees 06 mirages 42 seconds'is/este distance of 5.05 feet thenceNorth 31 degrees 07minutes 09 semis East a distance of14.00 feet,thence North 59 degrees 45 miontes 30 seconds Easto distanoe of2527 fret thenceNorth 4 degrees 23 miffs 45 seconds Westa distance of 931 feet thence North 60 degrees 33 mit 55 seconds West a distance af535 feet thence North 83 degrees 58minutes 12 seconds West a distance of 12.02 feet~deem North 62 degrees 14 minutes 16 seconds West a distance of 1128 feet;thence North 13 degrees 59 minutes 31 seconds West a wince of 8.41 feet to toe point ofbeginning and these b° +in thl . East Tree Stand That part of Lot 1,Blockl,FOXFYRE ESTATES,according to the recorded plat thereof~Hennepin County,Minnesota,des tied as follows: Commencing atthe northeast corner of the Southwest Quarter of Section 31,Township 118 North,Range 23 West,Hennepin County,Minnesota thence on an assumed bearing of South 89 degrees 56 minutes 10 seconds West,along the north line of said Southwest Quarter,a diseTr of 538:.00 feet to the northeast corner of said Lot 1,said paint being the point of beginning of the easement to be described;thence South.0 degrees 28 minutes 40 semis West,along the east line ofsaidLot 1,a distance of 131 feet;there South 89 degrees 23 mid 00 seconds West a of 110.23 feet;thence South 38 degrees 58 minutes 45 seconds West a distance of 9.43 feet;theme South.6 degrees 12 minutes 34 seconds West a distance of 70.12 fit thence South 54 degrees 28 roiimrts 20 seconds West a distance of 41.42 feet thence South 41 degrees 30 mimes 36 seconds West a distance of 16.92 feet thence North 88 degrees 20 minutes 07 seconds West a distance of 19.25 feet;thence North.81 degrees 41 minutes 41 seconds West a&star=of 88.58 feet thence North 68&Trees 30 minutes 32 seconds West a distance of10.72 feet thence North. 1 des 18 minutes 55 seconds West a divan=of 37.83 feet;tb rt-North 44 degrees 16 minates 07 seconds West a distance of 25.81 feet tip North 87 degrees 11 mires 17 seconds West a distance of36.55 fry thence South 86 degrees 13 minutes 17 seconds West a distance of 43.87 feet;thence South 89 degrees 41 s 23 seconds West a distance of 14.60 Wit;thence North 44 degrees 39 minutes 06 seconds West a distance of 40.82 feet thence North 80 degrees 50 minutes 53 seconds West a distance of 16.14 feet;therue North 87 degrees 51 minutes 48 seconds West a distance of 77.70 feet thence North 39 degrees 24 mid 15 seconds Westa distance,of 1136 feet to the north line of said Lot 1;then=North 89 degrees 56 163735 4 minutes 10 seconds East,along saki north line,a distance of 16715 feet,to a point distant 36144 feet lien the northeast comer of said Lot 1;thee .South 33 degrees 40 minutes 30 seconds East adistance of24.03 ce South 15 d31minutes 57s ds Eat a distance of 10.73 fleet!tience Sots:72 degrees 42miter 39 seconds East a distance of 19.21 feet thence North 71 degrees 06 minutes 09 sends Ease a distance of 32.86 feet fttex South 76 degrees 41 minors 38seconds E a&state=of 13.11 feet thenceNa xl depee 58 udnutes 23 seconds East a distance of 14.00 fest there North 52 degrees 11 mimites 50 seconds West a distance of 23.64 feet to the=Wit=it=of said Lot 1;theme North 89 eee-. 56 tis 10 sods .East a distance of 341.45 feet,along said north line.,to the point• •ee`e.o el and these eeneineenzGrassland North That part of Lot 1,Block 1,FOXFY'RE ESTATES,according to the recorded plat thereof, limmepin County,Minneesota,desscibed as follows: Commencing atibe m corner ofthe Southwest Quarter of Section 31,Township 118 North, Range 23 West,Hennepin County,Minnesota;thence on an assumed bearing of South 89 degrees 56 minutes 10 seconds ds West,along the north Line of mid San west Quarter,a distance of 538.00 foto the northeast comer of said Lot l;thence South 0 degrees 28 minutes 40 sem West, along ix cast lime af said Lot 1,a&tame of 131 feet to the point ofbeginrang ofthe easement to be deserted;thence South 89 degrees 23 min'00 seconds West a distance of 110.23 feet thence South 38 degrees 58 minutes 45 seconds West a of 943 face thence Sou&6 degzees 12 minutes 34 seconds West a distance of 70.12:faze thence South 87 degrees 15 minutes 27 seconds Bastawe of 12318 feetto said east thence North 0 degrees 28 minutes 40 seconds East,along said east line,a distance 0184.12 feet to the point ofbeginning and there terminating, girassl.and South That part of Lot 1,Block 1,FOXFYRE ESTATES,according to the recorded plat thereof, Hennepin County,Minnesota,described as follows: Ovrirrierating at the ncetheast corner of the Southwest Quarter of Section 31,Township 118 North, Range 23 West,Herr pin County,Minnesota.;thence on an aseurned bearing of South 89 degrees 56 minutes 10 seconds West,along the north lie of said Southwest Quay,adismnce of 538.00 oto the northeast owner of said:Lot 1;then=South 0 degrees28minutes 40 seconds West, aging the east feu of said Lot 1,a.distance of 331.61 feetto the paint ofbeginning ofthe easement to be wed;thence contitming South 0 degrees 28 minutes 40 seconds West,alongthe east line of said Lot 1,a distance of 384.78 hate)the southeast comer of said Lot 1;thenceNarth 87 degrees 10minuets 43 seconds West adis xeof38.34feeet en e;Narth75 degrees 42 minutes 04 seconds West a distance of2439 feet thence Nor h :+=degeees 17 minutes 21 s West a distance of 60.69 feee thence South 83 ods 31 Minutes 59 seconds West a dike=of2788 feee ice North 83 degrees 08 minutes 28 seconds West a dieter=of 4432 feet;thence South 89&pees 28 minutes 29 seconds West a distance of 28.73 fad thence South 83 degrees 52 minutes 19 seconds West a&Mance of27.63 feet;thenceNcefn 80 degmes 08 metes 20 seconds West a distance of 17.58 free thence North 87 degrees 16 minuets 01 seconds West adistance of 24.36 fleet thence North 70 degrees 43 minutes 22 seconds West a distance of 23.70 nett thence North 57 degrees 19 minutes 22 seconds Westa distance of 41.62 fief the North 57 degrees 37 minutes 34 seconds West a disc._uf8L62 thence North 60 degrees 23 raiautes 18 seconds West a distance of 37.18 few thence North 65 degrees 39 mktutes 56 seconds West a distance of 2936 North 42 degrees 50 minutes 12 seconds West a distance of 53.22 few them North 51 dem 37 minutes 03 seconds West a distance of 23.76 few thence North 56 deme 45 ming 10 seconds West a distance of 1835 fret;thence North 40 degrees 12 minutes 01 suis West a dish of 35.47 feet thence North 16 degrees 53 minutes 28 seconds West a distance of 27.89 feet thence North 24 degrees 19 minim 47 seconds West a&tan=of 23.80 feet,thence North 44 degrees 00 mid 37 seconds West a distance of 29.66 feet;thence North 65 degrees 36 minutes 02 seconds West a distance of 29.54 fry thence North 49 degrees 39 mins 20 seconds 163735 5 West a tfistearce of26.90 feet then=North 77 degrees 31 minutes 08 seconds West a distance of 8.11 the North 10 degrees 14 minutes 46 ids West a&sum=of 12.80 feet illeaCC North 26 degrees 49minutes 56 seconds West a distance of 13.60 feet.thence North 17 degrees 30 miuubes 53 seconds West a discs=of 14.42 feet Thence North 1 degree 04 mime=00 East a distanoe of 1&61 few theme Narth 3 degrees 34 mains 45 seconds East a distance of 16A6 feet thence North 6 degrees 43 minutes 08 seconds East a distaece of 48.83 feet;tie North 12 degrees 54 minutes 51 sus Peva distance of 17.12 feet thence North 7 degrees 05 minutes 38 seconds East a distance of2730 feet;then=North 1 degree 50 mimeos 44 seconds West adistaace of 42.68 feet thence North 13 degrees 24 MirtUteS 44 seecnds West a distance of 17.01 f..eIorth 17 degrees 23 miMees 24 seconds West a distance of 28.44 fete tike North 63 degrees 23 misses 18 motels Basta distance of21.84 the South 22 degrees 17 mimeres 05 seconds Pasta distance of 75.03 feet thence South 0 degrees 18 minutes 37 seconds East a ciozernee of 57.38 feet;thence South 25 degrees 55 minutes 33 seconds East a distance of 98.83 fiat thence South 34 degrees 41 minutes 26 seconds East a distance o128.10 feet thence North 89 degrees 41 minutes 23 seconds Pasta distance of 13.43 few thence North 41 degrees 19 minutes 24 sextets Bast a distance of 14.70 feet;'thence North 58 degrees 43 maw 33 East a dime of .47 feet;thence North 40 degrees 36 minutes 15 seconds East a distance of 24.23 feet;thence South 74 degrees 03 minutes 00 seconds East a distance of 61.04 feet theme North 89 degrees 41 minutes 23 seconds East a distance of 17.09 feet thence North 39 degrees 18 minutes 01 seconds East a&stan=of45.9$feet thence North 48 degrees 30 minutes 14 seconds East a.dime=of 2595 thence 79 degrees 25 x.29 seconds East a distal=of 64.64 few thence South 40 degrees 46 minutes 21 seconds Fast a&tame of 54.55 feet;thence South 24 degrees 00minutes 47 seconds East a distance of 54.66 fid thence South 49 degrees 07 minutes 28 seconds Pasta distance of38.93 feet thence South 63 cLegrees 44 minutes 43 seconds East a distnnce of 40.95 theme South 75 degrees 41 rated=22 seconds Few a&ran=of 29.01 feet;tie North 85 degrees 36 minutes 15 seconds East a distance of 3427 feet theatre North 48 degrees 15 mimes 58 seconds East a distance of 55.35 feet thence North 34 degrees 23 mieutes 05 accords Pasta distance of38.60 feet;thence North 27 degrees 45 minutes 44 seconds East a.distance 0120.75 fid thence North 4 degrees 53 minutes 03 seconds East a distance of 13.48 fe thence North 69 degrees 42 minutes 24 seconds Pae a distance of 65 38 feet to the point ofbeginning and tha terminating, 163715 6 Easement Sketch �� Prepared for: Lori Gni-^r2rdt T 4, J 1' C.)‘ West Tree Stand �'\ y- iNT,C --- . _ Grassland._ _ Sas t Tree Stand i North i • 1 ( 1 I � �,G�� 1 ., / ` ( �' 'r I f � �` .> \t / �, / �, _ r' . Grassland South ,, .- • I ,- Place .fab Number 7357 ! 3OBORGBo©k/Page: L+ Car. ;Survey Date: I0-14-11 o I SERVICES c T 7aa ' 1 , o g Name: ghat ardi—L r-91—FO YI :tiwg, 'y. • prawn b3- KLB • Y 1 #uch = 100 feet `evil ons 7W-172—MP 8197 Ce Rd !T x Exhibit E Auate,,Uslen ID:ssionmeeFa-4o82.952F.EF9AOOaFon rtrcy AMENDMENTTO PURCHASE AGREEMENT This form approved by the Minnesota Assoclatlon of REALTORS", BT D N E'T which disclaims any liability arising out of use or misuse of this form. Vi�1`IL 1 m 2008 Minnesota Association of REALTORS',Edina,MN CBBURNEtcom or:�reMa:.,..r.yuc 1. Dale 02/27/13 2. The undersigned parties to a Purchase Agreement,dated 02/11/13 ,pertaining to 3. the purchase and sale of the property at 4550 Wolverton Place 4, Orono, MN 55359 5. hereby mutually agree to amend said Purchase Agreement as follows: e, Buyer and Seller agree that the land being conveyed is as described by Proposed Tract B (5.05 Ac.) on the certificate of survey for PID 31- 7' 118-23-0005 by Schoborg Engineers dated March 25, 2012 . Property to be 8. subdivided with the City of Orono prior to closing. All costs 9 associated with the division to be borne by the seller. 10. Installation of a new driveway and grass seed, along with removal of 11 portion of existing drive, per Schoberg Survey of March 25, 2012 . Work to take place after closing. Funds in the amount of 1.5 times the 12. accepted bid to be held in escrow until completion of the work. Work 13, to be completed no later than June 30, 2013. 14. Sellers to put Septic system into a compliant condition for a 5 15. bedroom home (currently compliant for 4 bedrooms) . Work to take place 16. after closing. Funds in the amount of 1.5 times the accepted bid to be held in escrow until completion of the work. Work to be completed no 17. later than June 30, 2013. 18. Closing Date to be April 10, 2013 . 19. 20. Buyers hereby remove the Inspection Contingency subject to the following: 21. Water system to be in working order and inspected (at buyer' s expense) 22. prior to close. Any needed repairs will be the Seller's 23 responsibility. Sellers, at Seller's expense, completing the following repairs prior 24. to closing 25. A- Install a Radon mitigation system. B- Replace both water heaters and Master Bedroom furnace 26. C- Install a sump pump with battery back-up. 27, D- Windows & doors to be operable. 28. E- Tuckpoint/repair concrete block in NE corner of Lower Level garage. F- Sealcoat Upper Level garage floor and apron. 29. 30. All other terms and conditions of the Purchase Agreement to remain the same. p�31. 02/27/2013 �)�r30 (Seller) Revis Stephenson (Dale) (Buyer) (Dale) 32. t. (Seller) (Dale) , ( :Y r) (Dale) 33. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 34. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN-AMD(8/O6) losta/ f forms