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Pocahontas Resort_14000170141000_Variances_10-14-2021
r 1267563Date Stamp HEnp/V/ED ’1 3 2021 resource LVHN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 10/25/2021 09j11 AM103-&R Initial HE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR VARIAMC^''' COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER, 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website; www.ottertailcountymn.us P/)C.ohl)nkLS t^L-ioir-h Sod ^ Complete this application in ink rmh—Brndio Nii'Olc SmtiAc/ ^6i?d qo (r[2_5DB£MO OybO\N P1. Q.\nqm v-i, M M iW n \CZ t C\ Application Fee Receipt Number Accepted By / Dateft DAYTIME PHONEPROPERTY OWNER MAILING ADDRESS Z OVViE-MAIL ADDRESS (Afaci Lcv.lcc^NP-LAKE CLASSLAKE NUMBER LAKE NAMEO iVac'i Lc\lt~Tl')\Aia^A\j\ S-ftOAM Co Hftvu 3AsTCnV,LlKi SVSZ.Y AT fciL 2„ 6t] ME CO<^ C£C.lSb,V\' THtC N£LY TD (2 LN OF 2£C. 1V5, N TO tjb fi'C TTl Ph OUO~r//7/y9**trtNSHip ISTi H-ooonSci...PARCEL NUMBER TOWNSHIP NAMESECTIONRANGE E-911 ( ADDRESS■Tl DOO .0^,00 ^ I sooeo ,4ICCOL'iDO I LEGAL DESCRIPTION TYPE OF variance REQUESTED (Please Check) structure Setback Structure Size WECS Misc.Sewage System Subdivision Cluster SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. CITE THE RELEVANT SECTION(S) AND OTTER TAIL COUNTY ORDINANCE(S) FROM WHICH THE VARIANCE REQUEST IS FOR. PLEASE BE BRIEF AS THIS WILL BE USED FOR PUBLIC NOTIFICATION. OTTER TAIL COUNTY ORDINANCE: S HV) I (X D f ^ 0] YY) -\^ [p Sub- MSECTION OF ORDINANCE: SfO ^ li VARIANCE REQUEST: GxpTncl +hc LViS.-hnOi HKin-LOrvftrminCj N<i)-V At rnec-F 2bO l?Db+ ^cAbo-Cic 4Vum OV'cbncuo.t h\c\'n YNaW kvt.1 \oCtt. Hr sbed,pou\ ^ o\c\cL^AAtncxl tods. I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANANCE AN/OR WECS ORDINANCE OF OTTER TAIL COUNTY. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTJ ^12312021■y.f PROPERTY OWN^R / AGENXF^R OWNER DATESIGNATURE APPLICANT MUST BE PRESENT AT THE HEARING(Applicant Will Receive Notification As To The Date/Time Of Hearing) OFFICE USE ONLY lotiDate Of Board of Adjustment Hearing Motion Time ^JT) Pocahontas Resort, Fred & Nicole Binczik - Variance Application Approved with Condition (8:35 p.m.) After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve the variance request replace the existing dwelling with a 28’ x 70 dwelling, 12’ x 40’ deck, 36’ x 25’ garage, 20’ X 40’ swimming pool and add 4 additional camp sites not meeting the ordinary high water level setbacks and as depicted on the drawings submitted with the variance application with a condition there is approval granted by the Planning Commission for the additional RCU campsites and the dwelling. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and ‘incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. kwWifyiM Uhb JUicliu/ Chairman/otter Tail County Board of Adjustment Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management) No )Copy of Application Mailed / E-Mailed to Applicant, Co. Assessor and the MN DNR CL 01122019-001 368,804 • Victor Lundeen Co., Printers ■ Fergus Falls. MN ■ 1-800-346-4870 m Chris LeClair DirectorOTTER TAIL COUNTY LAND & RESOURCE MANAGEMENT PUBLIC WORKS DIVISION WWW.CO.OTTER-TAIL.MN.US Kyle Westergard Asst. DirectorOTTER Tflil ooaaTT ■■■■note GOVERNMENT SERVICES CENTER 540 WEST FIR AVENUE FERGUS FALLS, MN 56537 218-998-8095 FAX: 218-998-8112 Board of Adjustment Findings of Fact and Decision Applicant:Pocahontas Resort 38034 Co. Hwy 35 / 14000070062000, 14000080063001, 14000170141000, 14000180148001, 14000180149000 & 14000180150000 Requested Variance: Expand the existing non-conforming structure not to meet 200-foot setback from ordinary high water level of lake for shed, pool & additional RCU's. Address/Parcel No. Otter Tail County Ordinance: X Shoreland Mgmt. □ Sanitation. □ Subdivision. DWECS □ Dock & Riparian Use □ Setback Ord. Ordinance Section Citation: Section 6. Subp 4. & Section 3 Subp. 14 A variance may be granted only where the strict enforcement of county land use controls will result in a "practical difficulty". A determination that a practical difficulty exists is based upon consideration of the following criteria: The applicant identified the following practical difficulty: Moving here permanently and the current home needs to be replaced. Will make the foot print larger with an attached garage. Want to put a pole barn over the existing sport court, which is no more impervious surface. Otter Tail County Board of Adjustment - Variance Question Findings 1. Is the variance in harmony with the general purposes and intent of the official control? (The board shall consider the purposes and intent of the official control). X Yes, the variance is in harmony with the general purposes and intent of the official control... □ No, the variance is NOT in harmony with the general purposes and intent of the official control... ...because: The Land Use Ordinance allows property owners to develop and improve their property. 2. Is the property owner proposing to use the property in a reasonable manner not permitted by the official control? (The board shall consider what reasonable use of the property is lost (practical difficulties) by the strict enforcement of the official control). X Yes, the property owner is proposing to use the property in a reasonable manner... □ No, the property owner is NOT proposing to use the property in a reasonable manner... ...because: This is a unique property, and they are making updates to the resort. 3. Is the need for a variance due to the circumstances unique to the property not created by the landowner? (The board shall consider what circumstances are unique to the property, such as lot size, lot configuration, wetland, steep slope, shore impact zone, bluff, floodplain, floodway, etc. One or more should be stated on the record. What differentiates this parcel from others? Does this lot have a feature that does not affect all parcels similarly?) X Yes, the need for the variance is due to circumstances unique to the property not created by the landowner.... □ No, the need for the variance is NOT due to circumstances unique to the property not created by the landowner... ...because: These are existing legal non-conforming structures not meeting the required setbacks of the current Shoreland Management Ordinance and built prior to any zoning regulations in 1971 and this is a substandard lot of record. 4. Will the issuance of the variance maintain the essential character of the locality? (The board shall consider and state for the record why the request does or does not maintain the character of the area. Is this request similar to what others have, what are near shore conditions of neighbors, similar sized or number of structures adjacent or in area, etc.) X Yes, the issuance of the variance will maintain the essential character of the locality.... □ No, the issuance of the variance will NOT maintain the essential character of the locality... ...because: There are similar structures in the neighborhood with similar setbacks. 5. Does the need for the variance involve more than just economic considerations? (The board shall consider if economics played a role in the request. The fact that coming into compliance with the ordinance requirements may cost considerably more does not constitute a practical difficulty). X Yes, the need for the variance involves more than just economic considerations.... □ No, the issuance of the variance is only for economic considerations... ...because: The proposed improvements are to an existing legal non-conforming structures. the requested variance.The Otter Tail County Board of Adjustment: APPROVES__X DENIES Complete and attach After-the-Fact Addendum if this is an After-The-Fact variance request. DATED: October 14, 2021 Board of Adjustment Chair The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. {Mitigating impervious surface with storm water management, deep rooted vegetative buffers, rain gardens, etc.) It is the Board of Adjustment's job to apply appropriate legal standards to a specific fact situation. Variances are meant to be an infrequent remedy where an ordinance imposes a unique and substantial burden. 1076118 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( Certificate of Real Estate Value No.----- __________________LunnSL ^ 0 Wayne Stein, County Auditor by---------------------------------- /V-ooC*o7'OoW-ooo /H-OOD-Oi'OOi^'OOt !H OOO'n-otHio^O fH-0OO-l9’C>l*iS'00l iq,'OOO^ /8-of IH'O OO-it-O I SO'OOO ) filed ) not required.OFRCE OF THE COUNTY RECORDER OTTER TAIL MINNESOTAI 3olD I hereby certify that 1076118(Year)this instrument # was fited/recorded in this office for record on the 2010 at _11:50_am Recorder _10 /dayof JuiWen^A-.^etc^IfU by:DeputyDeputy $__416.00 ck ___ Recording Fee Well CertificateI $. 11(^1 Trustee to Limited Liability Company COUNTY OF OTTER TWL STATE OF MlN/t^TAMinnesota TRUSTEE'S DEED NUMB DATE (shall convey afler*acquired dde) This Indenture effective the 21 si day of May, 2010, from Grantor to Grantee; I. Dejinitions. For the purpose of this Indenture; "Grantor" shall mean Collene C. Bamick, as Trustee of the Collene C. Bamick Revocable Living Trust under agreement dated May 19,2000, as amended, whose mailing address is 720 38th Street NW, Fargo, North Dakota 58102. "Grantee" shall mean Pocahontas Resort, LLC, a limited liability company organized under the laws of the State of North Dakota, whose mailing address is 720 38th Street NW, Fargo, North Dakota 58102. a b. "Indenture" shall mean this trustee's deed between Grantor and Grantee.c. "Property" shall mean the following described real estate, together with all improvements, hereditaments and appurtenances, in the County of Otter Tail, in the State of Minnesota; A tract of land comprising parts of Sections Seven (7), Eight (8), Seventeen (17) and Eighteen (18) in Township One Hundred Thirty-five (135), Range Forty (40), Otter Tail County, Minnesota, which is described as follows, to-wit; Beginning at a point marked by an iron monument which is 84.5 feet North of the common comer of said sections, running thence along the South line of County Road No. 35, South 57° 13' West 210 feet. South 45“28’ West 203 feet, and South 36°28‘ West 167.5 feet, thence South 12°30' East 292 feet to the shore line of Dead Lake, North 42“39' East 200 feet, thence North 44°47'East 324.5 feet to a point which is designated as meander comer No. 75, thence North 54°10' East 296.5 feet, thence North 32°12' West 207.8 feet to said South line of County Road No. 35, thence South 66°03' West d. 150.7 feet to the point of beginning, together with riparian rights appurtenant to said tract at its shore line on Dead Lake. 2. Consideration and Conveyance. For a valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby conveys and quit claims the Fhoperty to Grantee. 3. Tax Statements. Tax statements for the Property should be sent to: Pocahontas Resort, LLC do Collene C. Bamick 720 38th Street NW Fargo, ND 58102 Minnesota State Deed Tax. Minnesota State Deed Tax shall be due in the amount of One and 65/1004. ($1.65) Dollars. 5. After-Acquired Title. This Indenture shall convey all after-acquired title of the Grantor. 6. Benefit This Indenture shall benefit, and shall be binding upon, the parties and their respective successors in interest. c dCollene C. Bamick, as Trustee of the Collene C. Bamick Revocable Living Trust under agreement dated May 19,2000, as amended, Gr^lor The total consideration for this transfer of property is $500.00 or less. STATE OF ) COUNTY OF )ss ) On this day of —_____, 2010, before me personally appeared Collene C. Bamick, known to me to be the Trustee of the C^lene C. Bamick Revocable Living Trust under agreement dated May 19,2000, as amended, described in and who executed the within and foregoing instniment, and acknowledged that she executed the same as the free act and deed of said trust. MELISSAYVONNEDUBORD. iNOTARY PUBLlC-MINNESOTVrj^ My Commission Expires JAN: 31,2015 Notary Public +- ■.1^-2- ) T ™S INSTRUMENT WAS DRAFTED WITHOUT OPINION BY; Susan E. Johnson-Drenth Vogel Law Firm 215 30th Street North P.O. Box 1077 Moorhead, Minnesota 56561-1077 (218) 236-6462 SJD-040113.10000 PRL) 886893.1 -3- John & Renee Dittrich - Continued John & Renee Dittrich, property owners, Mark Dobbleman, Contractor, property owners represented the variance application. The audience was polled with no one speaking for or against the variance application. An email was received from Dr. Michael J. & Lisa Vander Berg in support of the variance request as submitted. John Bye, spoke with concerns of the destruction of the road with the heavy equipment. After consideration and discussion, Douglas Larson made a motion, seconded by Terry Marthaler with David Wass voting no to approve the variance request to construct a new 40’ x 40’ dwelling being 33’ from the ordinary high-water level and a 20’ x 24’ detached garage being 15’ from the ordinary high-water level (this will place the garage at the bottom of the hill near the house). This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Pocahontas Resort, Fred & Nicole Binczik - Variance Application Approved with Condition (8:35 p.m.) Pocahontas Resort, Fred & Nicole Binczik, Pt GL 2 Bg NE Cor, Dead Lake (56-383) in Dead Lake Township requested the following: To erect garage storage building with 2"“* floor for sleeping quarters for overflow' guests. Approximate height from slab to peak 30’±. Required height restriction is 20’ per the Shoreland Management Ordinance. Fred & Nicole Binczik, property owners, represented the variance application. The audience was polled with no one speaking for or against the variance application. After consideration and discussion, Thomas Lee made a motion, seconded by Douglas Larson and unanimously carried to approve the variance request replace the existing dwelling with a 28’ x 70 dwelling, 12’ x 40’ deck, 36’ x 25’ garage, 20’ x 40’ swimming pool and add 4 additional camp sites not meeting the ordinary high water level setbacks and as depicted on the drawings submitted with the variance application with a condition there is approval granted by the Planning Commission for the additional RCU campsites and the dwelling. This decision is also based on the Findings of Fact and Decision Form, which contains the criteria reviewed and the Board’s finding have been attached to and incorporated as an official part of the minutes which have been placed on file with the Land & Resource Management Department. Other Business - None With no further business, Michael Donoho, Chair declared the meeting adjourned at 8:49 p.m. Prepared by: Amy Busko, Secretary The minutes w ere emailed on October 20, 2021, to the Otter Tail County Board of Adjustment. Official action regarding these minutes will be taken by the Board of Adjustment at their next regularly scheduled meeting. Board of Adjustment October 14, 2021 Page I 5 STAFF REPORT Pocahontas ResortAPPLICANT: LOCATION:38034 Co Hwy 35, Dent MN 56528, 14000070062000 LAKE NAME/NUMBER/CLASS:Dead, 56038300, Natural Environment Expand the existing non-conforming structure to not meet 200-foot setback from ordinary high water level for shed, pool & additional RCU's. APPLICATION: STAFF WHO COMPLETED REPORT: Chris LeClair j|^ Otter Tail County Visit the County Website - U ' ' : Vi'- /■n. -■ : 'i v'V^^5' , ' -S . ,!w.y .‘v.- S' < Staff Recommendation: Either approve or deny. If a motion Is made to approve the application, staff recommends the following conditions be included: Applicable Ordinances/Statutes Shoreland Management Ordinance Section 3, Subp. 14 All legally established nonconformities as of October 15, 1971 may continue. Except as otherwise set forth in this subpart, all such nonconformities will be managed, regulated, and controlled as allowed and set forth in Minnesota Statute §394.36 All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of this ordinance. Any deviation from these requirements must be authorized by a variance. improvements to nonconforming structures not requiring a variance, include, but are not limited to, the following: 1) Flat roof replaced with a peaked roof not to exceed a pitch of 4:12, if the final height does not exceed 35 feet for a dwelling and 20 feet for an accessory structure. Any proposed peaked roof for a non-conforming structure beyond a 4:12 would be considered an expansion and would require a variance. 2) Installing rails on a patio in which the total height is less than 36" in height as measured from the ground. 3) Raising a structure to allow the addition of a crawl space foundation not to exceed 36 inches and to not allow the overall building height to exceed maximum height restrictions. A non-conforming use is any continuous use of land established before the effective date of a County or local Ordinance which does not conform to the use restrictions of a particular zoning district. This should not be confused with substandard dimensions of a conforming use. A prohibited non-conforming use may not be expanded or improved. If any non-conformity or occupancy is discontinued for a period of more than one year, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A. B. C. D. E. F. Minnesota Statute, 394.36 Subp. 4 Nonconformities; certain classes of property This subdivision applies to homestead and nonhomestead residential real estate and seasonal residential real estate occupied for recreational purposes. Except as otherwise provided by law, a nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an official control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion. Staff Comments: Based on a review of the application and a site review. Staff offers the following comments: 1. Septic system compliance inspection conducted on 8/23/2021. System found to be compliant. 2. New installed septic system-where in relation to proposed pool? .4 vj Si ■« !V/ti "y rS:"•* .# ,3^t't L*i*''irkii‘v“ V kd:*‘3t'E• ■;’--•i -■^7i F i.' KL •>.V m msi Ml mmi’iiyitlasSf iliWfr ImRj -mx LAND & RESOURCE MANAGEMENT OTTER TAIL Government Services Center 540 West Fir Avenue Fergus Falls, MN 56537COUNTY - MINNESOTA Notice of Hearing for Variance Applicant and/or applicant's representative must be present at the scheduled hearing. To Whom it May Concern: Proposed Buyers; Fred & Nicole Binczik 5327 Oxbow PI. Champlin MN 55316 Pocahontas Resort Joel Barnick 610 140th St. S. Fargo, ND 58103 Has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance, the Subdivision Controls Ordinance of Otter Tail County, Otter Tail County Sanitation Code and/or the Wind Energy Conversion System Ordinance of Otter Tail County. The Otter Tail County Board of Adjustment will assemble for this hearing on Thursday, October 14, 2021, at 7:00 p.m. at the Biqwood Event Center. 925 Western Ave, Fergus Falls, MN The applicant and/or applicant's agent must be present at the public hearing or participate virtually to present the application. A link to the virtuai meeting will be provided on the Land & Resource website seven days prior to the public hearing. Public comments regarding this application must be received by 12:00PM the day before the public hearing date. Members of the public wishing to make comments at the public hearing may be present at the public hearing. As an alternative, members of the public wishing to observe and/or make comment on this application may participate in the public hearing virtually. A link to the virtual meeting will be provided on the Land & Resource website seven days prior to the public hearing regarding this application may be expressed at the public hearing, mailed to the Land & Resource Management Office at the above address, or emailed to land(5)co.ottertail.mn.us. Written correspondence or emails. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. ** Weather conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office by 4:30 p.m. for possible rescheduling of the Hearing. The property concerned in the application is legally described and located at: Legal Description:Parcel No. - 14000070062000, 14000080063001, 14000170141000, 14000180148001, 14000180149000 & 14000180150000 PtGL2 Bg NE Cor... Sections 7, 8,17 &. 18, Township 135, Range 40 Township Name - Dead Lake Dead Lake (56-383), Natural Environment (NE) 38034 Co. Hwy 35, Dent MN 56528 Lake Name/Number/Class: Property Address: The variance requested is the following: Expand the existing non-conforming structure not to meet 200-foot setback from ordinary high water level of lake for shed, pool & additional RCU's. September 30, 2021 . Busko Board of Adjustment Secretary (@) ottertailcountymn.usOTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER218-998-8095 - l-^GOO 1801^00V v_DEAD1€ DKtO L AKE 5bil}X.m'\!/v otter Tail County oCTjAii: Land & Resource Management Impervious Surface Worksheet Existing Page 1 U td ^ Oc ni- M COO, 1, ^COOO, 41000,PIN Property Address • WlO \(Vx>--k\lV^ 1'^'^ ,5DI. tfi’ -----wlt> i cau^LVi Property Area (from GIS orSurvey);Square Footage of Lot Acres x 43,560 ft^A1Acres 4^, 82^.4 «■Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildir^gs A1 X .20 A2 A3 List ALL existing other impervious surfacesList ALL existing structure footprint areas Total Impervious Surface Description Area Description Area I CM B1Dwelling and Attached Garage Driveway/Parking area(s)Total Impervious-Buildings if I’d "■isao'S,'-’ClDetached Garage Patio/Sidewalk Total Impervious-Other 3e2nnTotal Impervious Surface B1 +C1f8 D1Retaining wall(s)Shed(s) Total Percent Impervious (D1 f-A1)x 100 ElMiscellaneous Landscaping syoo «*f8Recreational Camping Unit Other 31,34&«‘Allowable Total Area Rematning A2-D1S5'i ft^Water Oriented Accessory Structure Cl Project being requested:B1Total Impervious-Buildings Total Impervious-Other Accessory structures less than or equal to 120 sq ft without a permit. This exemption only applies to items 1—1 not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands.UsV.Buitdirrg Impervious SurfacePercentage (B1 ♦ A1)x 100 Reviewed by L&R □ El Greater than 15%; Exemption Not Allowed Date:Int:B2 □ El 15% or less Exemption Allowed.Small landscaping projects under 200 sq ft. This |~~| exemption only applies to items not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Allowable Building AreaRemaining A3-B1 SHORE IMPACT ZONE 37,5 ft (GD Lakes) 50 ft (RD Lakes Agriculture. Urban.Tributary Rivers)Q„| 75 ft (Transition Rivers) ^ * 100ft(NE Lakes)*-KG / oo ftLake Classification 4^0 Shore Impact Zone Area S1 X S2 S3'1'^,ODD »■S2 ftAverage lot width in the Shore Impact Zone I l.'&’iDTotal Area Allowed for Impervious Surface S3x ,15 f8S4 List ail structure footprints In the Shore Impact Zone List all other Impervious surfaces In the Shore Impact Zone Total Impervious Surface Description AreaDescriptionArea KpSS «'I'&'w "■S5Patio/Sidewalk Buildings I ft'S6ieDeck(s)Other Total Impervious Surface S5 + S6 ft^S7Landscaping/retainging wall(s) 3,3 «■Total Percent Impervious (S7 S3)x 1004030Driveway/Parking area(s) 2)400 f8 ft^Miscellaneous Allowable Area Remaining S4-S7 3DSSisM «■ft^ S6SI2 Total Impervious-Buildings 00 SIZ Total Impervious-Other 7/1/2021 <4 )2a,l2&2lKlfUU &\r\cZ'\Y^ DatePrinted Name otter Tail County Land & Resource Management H0UOl\50\ . . Impervious Surface Worksheet Proposed OTTER TAIL CCA^NlT • •0>"**1fcVJ'A Page 2 2ffi2U_LilMSSJkn±4WM Square Footage of Lot a YAcres x 43,560 ^ • "‘4^(130,glen'll ifsmx). M looo' USDOIProperty Address 1^“^ .SDl.L’ \0LU-ioch Property Area (from GIS or Survey).ft^Acres 4^], 83^ .4 «3fi,e(^o,s2 »■Total Area Allowed for Buildings A1 X .20 Total Area Allowed for Impervious Surface At X .25 A2 List ALL proposed other impervious surfacesList ALL proposed structure footprint areas Total Impervious Surface Description AreaAreaDescription Total Existing Impervious- Other from Page 1 Total Existing Building Impervious from Page 1 i<Q^n Q f*"ClB1 I U’0‘^3Total Proposed Building Imperviouszisn »■IS'Z I FIDriveway/Parking area(s)Dwelling and Attached Garage ^ 2.0S2-2-f.^Total Proposed Impervious- Other(pW G1Patio/SidewalkDetached Garage Total Proposed Impervious Surface FI G1________________ ft'HIRetaining wall(s)Shed(s) Total Proposed Percent Impervious (HI f A1)x too_______ 2/4 QD IIfpLandsirapingMiscellaneous lUOO ft'OtherRecreational Camping Unit lS,2|C>fAllowable Area Remaining A2 HIft'ft'Water Oriented Accessory Structure 20^2?--.'G1FITotal Impervious-OtherTotal Impervious-Buildings '9>7.Percent Building Impervious (FI -A1)x100 Allowable Building Area Remaining A3-FI SHORE IMPACT ZONE 37.5 ft (GD Lakes) 50 ft (RD Lakes/Agnculture, Urban.Tributary Rivers) g 75 ft (Transition Rivers) 100 fl (NE Lakes) I OON£ftLake Classtfication s3“l^,CPDShore Impact Zone Area S1 xS2 S2 ftAverage lot width in the Shore Impact Zone Total Area Allowed for Impervious Surface S3x .15 S4 ft' List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface Description AreaDescriptionArea Total Existing Building Impervious (Pg 1)'1U>8M Total Existing Impervious- Other (Pg 1)S5 S6 ^28MS8fr*ft'Patio/SidewalkBuildmg(s)Proposed Buildings 3^U> IU/?D0 S9ft'Deck(s)Proposed Other I3,I4S«-Total Impervious Surface S8 + S9 S10ft' ft'Landscaping/Retaining wall(s) IU.V7.Total SIZ Percent Impervious (S10tS3)x100ft'ft'Driveway/Parking area(s) ft'ft'Micellaneous I2<^S "■Allowable Area Remaining S4-S10 ft'18 S9S8Total Impervtous-Buildings Total Impervious-Other 7/1/2021 4I23IZ62I DatePrinted Name otter Tail County Land & Resource Management \*400V:)ifib\ Impervious Surface Worksheet Proposed Page 2< t V 3'60B-\ ( D 3S fy.n-V.WIM U3TO1 PINProperty Address SVS2b Property Area (from GIS crSurvey):Square Fc^tage of Lot Acres X 4:i,560 A1Acres \N \ \ Ct'-Untl't 2,15,20’S.V,.vnAcucioLh Total Area Allowed for Impeiviou? Surface A1 X .25 Total Area Allowed for Buildings A1X .20 A3A2 List ALL proposed structure footprint areas List ALL proposed other impervious surfaces Total Impervious Surface Area AreaDescription Description Total Existing Impervious- Other from Page 1 Total Existing Building Impervit^s from Page 1 2UA)6B1Cl Total Proposed Building lmpervioi.s 1V (y) SFI-VDwelling and Attached Garage Onveway/ParKing area{s) Total Proposed Impervious- OtherLpSOft-G1Patio/SidewalkDetached Garage Total Proposed Impervious Surface Ft * G1______________ ft'ft'HIRetaining wa!l(s)Shed(s) Total Proposed Percent Impervious (HI A1)x 10C_______i^.u7.ft'IIMiscellaneous \ \u?00 ft"ft'OtherRecreational Camping Unit IAllowable Area Remaining A2 H1 ft'ft'Water Oriented Accessory Structure ivfiy)?,Z.’3'52S«‘G1FITotal Impervious-OtherTotal Impervious-Buildings Percent Building Impervious (FI - A1)x 100 Allowable Building Area Remaining A3 • FI SHORE IMPACT ZONE 57.5 ft (GD Lakej.) 50 ft (RD Lakes/Agriculture, Jrban,Tributary Rivers)g‘^ 75 ft (Transition Rivers) 100 ft (NE Lakes) ____________ ’loo ftLake Classtfication Shore impact Zone Area SI xS2 S2 ftAverage lot width in the Shore Impact Zone ITotal Area Allowed tor Impervious Surface S3X.15 S4 ft' List all proposed other impervious surfacesList all proposed structure footprint areas Total Proposed Impervious Surface AreaDescriptionAreaDescription lueM Total Existing Impervious- Other (Pg 1) Total Existing Building impervious (Pg 1) ft'S6f.'S5 S8ft'f:'Patio/Stdewalk Proposed BuildingsBuilding(s) l ft'ft'S9Deck(s)Proposed Other Total Impervious Surface S8 ♦ S9 i3noo«'ft'S10ft'Landscapinc/Retaining walli's) Total SIZ Percent Jnpervtous (S10 ♦ S3)x 100 ft'ft'Driveway/Parking area(s) ft'ft'Micellaneous Qian"’Allowable Area Remaining S4 . S10ft'ft' 4280 «’S9S8Total Impervious-OtherTotal Impervtous-Buikjjngs 7/1/2021 4 12312021»DateSigtiatulPrinted Name Otter Tail County Land & Resource Management I4oooi 60 ^ Impervious Surface Worksheet Existing Page 1 Lo gd 3S C>cn^,VtU svsziSquare Fcotage of Lot a a Acres x 43,660 Hg) COD,4800\ .sooco.m 000,os DO Property Address 2.13,2-0’S. if>Property Area (from GIS orSurvey):A1 ft^Acres vy I l(X.a nc h W\ \ h Total Area Allowed for Impervious Surface A1 X .25 Total Area Allowed for Buildir>gs A1 X .20A2 A3 List ALL existing structure footprint areas List ALL existing other impervious surfaces Totai impervious SurfaceDescriptionAreaDescriptionArea IS'3‘^ I US'S aO|Uoft»’ 3'S, S,80‘ B1Dwelling and Attached Garage Total Impervious-Buildings I/I Y C1Detached Garage Patio/Sidewalk Total Impervious-Other 6a 6 «'Total lrr>perviou5 Surface B1 +C1 ft^D1Shed(s)Retainirrg walls) «•Total Percent Impervious (D1 + A1)x 100 E1N^iscellaneous Landscaping SV/OORecreational Camping Unit Other IAllowable Total Area Remaining A2 ■ D1333ft^Water Oriented Accessory Structure ao,uo3«'B1 C1 Project being requested:Total Impervious-Buildings Total Impervicus-Other Accessory structures less than or equal lo 120 sq fl without a permit. This exemplion only applies to items 1—1 not located in the Shore Impact Zone, Bluff Impact Zone, or Wetlands. Buildir^g Impervious SurfacePercentage (B1 + A1)x 100 Reviewed by L&R Int:Date:B2 o n El 3realer than 15%: Exemption Not Allowed D El 15% or less Exemption Allowed.Allowable Building AreaRemaining A3-B1 Small landscaping projects under 200 sq fl. This j~~j exemption only applies lo Items not located in the Shore Impact Zone, Bluff ImpacI Zone, or Wetlands. B3 SHORE IMPACT ZONE 37.5 ft (GD La^es) 50 ft (RD LakeS'Agncufture, Urban.Tributary Rivers)Q a 75 ft (Transition Rivers) ^ ^ 100 ft (NE Lakes)^I ooM&Lake Classification ft Shore Impact Zone Area SI xS2 S2 S3Average lot width in the Shore Impact Zone ft Total Area Allowed for Impervious Surface S3x .15 S4 f6 List all structure footprints in the Shore Impact Zone List all other impervious surfaces in the Shore Impact Zone Total Impervious Surface Description Area Cescription Area s5-^vpB4Patk>/Sidewalk Buddings ft^S6Deck(s)Other Total impervious Surface S5 + S6 ft^S7Landscaping/retainging waH{s) Total Percent Impervious (S7+ S3)x 1004380 fDriveway/Parkng area(s) Maa <3400 «’,1’Miscellaneous 13^4Allowable Area Remaining S4-S7<334 It’ 0>43'i"=~14P^SIZ Total Impervious-Buildings 35 S6SIZ Total Impervious-Olher 7/1/2021 Iv\\ddvl- R\v^c-7;'U Printed Name Date Current State 4.9 Acres Property with the public launch included. 199,301.6 Sq Feet■ T Property with the public launch excluded. 264.9 Feet M-Ut L^t.£'■mamm mm M»Miir>m«nt nniirfl 236.2 Feet rm DEAD lUUDi.iKi: Average depth of lot = 242.9 Width of property including public launch = 853 \without public launch = 790 100 foot line from shore. Current sport court. Would like to cover with pole barn. No change to impervious surface. Does meet road setback requirements. 'Ot»lTM ^ iuesm U4 3« T* J-;» 4* 4'- H -Current House. Jtn^ t; stiv* r;T». *•#» tiS J5f!*'S*4‘ MStn ic;«,T Garage TrU'i.-iM iVSMff' 1 tm* c S6 iC «T, I' 1J T,"Boat House" Fish House Store Cabins are 20x20 ■Mu.x*c iifv;* tdt*^*'** :u 3in'<:3U'T«><Shower House/Storm shelterTo«r?<lvir< Ullt :4*6«i 'S553«R* Tol> aHM:* Tt'46n.MCUm>Sidewalk 'fetj It • 12.776.5 Sq Feet {US) J - --So F*«t I JSi * 2,310.9 Sq Feet (US) Road minus this section = area Total Area (without public launch) = 199301.6 Sport Court = 3184 Garage = 618 House = 1339 Boat House = 188 Fish House = 145 Store = 828 Cabins = 400 each xlO = 4000 14 Camper Sites = 400 xl4 = 5600 Shower House = 254 Road = 10466 Sidewalk = 1655 Total Impervious Surface =28277 Ratio = 14% 11,838 Sq Feet (US mm MM«ur»rn«nt R«tuK 5,303.6 Sq Feet (US) vVa Total area (with public launch) = 213265.6 Total Impervious (with public launch) = 33580 Ratio (with public launch) = 16% Future State Add a shed over the sport court = no change to impervious surface Tear down current house and replace with modular home (28x70) with garage (36x25) = Increase by 1521 Deck (12x40) = 480 Driveway to house = 2137 Sidewalk from Driveway to house = 200 4 additional camping sites (water and electric only) = Increase by 1600 Add swimming pool (20x40 with 10 feet around) = Increase by 2400 Total Impervious Surface = 36615 Ratio = 18% With public launch = 41919 Ratio = 20% House ' Tsu |r«t 42CMn' .'62t-n'! '■•■I* "■»Garage w\ •: T«UI *-M 4?2 (3 n> (43 33 m« T5t*>0;ltl»'e* 1C3 3'»J'3I 51 mi Deck 'J 22M lift* .::: SCtn^) TcH'amrict :3CJ9f1 65 )1 n. MMsu««m*nt RMkilt 2,137.3 Sq Feet (US) m&P: GOVT LOT 3 Driveway (not all paved) i3 Sq F»»t (US) - M«atuf<*m«m RMult 171.9 Sq Feet (US) Sidewalk OTTER TAIL COUNTY Fergus Falls, Minnesota STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL I, Amy Busko, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby certify that on the 30*^ day of September 2021 the attached Notice of Hearing for Variance was duly served upon the individuals listed below and/or included in the attachment: ) Township Clerk Lake AssociationProperty Owner Kimberlie Wells, Clerk Dead Lake Township 37410 378'^ St. Richville MN 56576 Dead Lake Association PO Box 127 Richville MN 56576 Pocahontas Resort Joel Barnick 610 140**^ St. S. Fargo, ND 58103 City Clerk (if located within 2 miles of a city) None 2 Lake Improvement District (If project is located on their lake, mail notices to the Lake Improvement District) Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils Lake Imp. Dist., PO Box 431 Perham, MN 56573 Eagle Lake Imp. Dist., Kelly Hepper, 38079 South Eagle Lake Rd., BL, MN 56515 Lida Lakes Imp. Dist. David Hilber, 41026 Backroad TrI, Pelican Rapids, MN 56572 lid. Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 Pelican, Fish, Bass & Lt Pelican: Pelican Lake Group Lake Imp. Dist., PO Box 336, Pelican Rapids, MN 56572 South Turtle Lake: Otter Tail County COLA, 4302 13'^' Ave S Ste. 4-333, Fargo, ND 58103 Chuck Grotte, OTC Hwy Engineer, 505 S Court St Suite #1, Fergus Falls, MN 56537 Julie Aadland, DNR Eco & Water Resources, 1509 1=' Ave N, Fergus Falls, MN 56537 UJ Big McDonald; Devils (N^r Perham): Eai ;e: Lida !S Littl#/lc Little Pine & Big Pine: South Turtle Lake Imp. Dist., PO Box 168, Underwood, MN 56586 Send Notice/Card to Proposed Buyers: Fred & Nicole Binczik 5327 Oxbow PI. Champlin MN 55316 Board of Adjustment Members: Thomas (Tom) Lee, 15600 County Hwy 118, Elizabeth MN 56533-9559 Darren M Newville, 614 6'^ St NE, Perham, MN 56573 Douglas Larson, 2118 Woodland Ln., Fergus Falls MN 56537 Michael Donoho, 1819 Court St. S., Fergus Falls MN 56537 Terry Marthaler, 37273 S. Little McDonald Dr., Perham MN 56573 Planning Commission Member: David Wass - 29133 260'*' St., Underwood, MN 56586 By placing a true and correct copy thereof in a sealed envelope, postage prepaid and depositing the same in the United States Mail at Fergus Falls, MN, properly addressed to each of the individuals listed above and/or listed in the attachment.Number of Notices & Envelopes to Print File 1Dated: September 30, 2021 Extra 6Amy Busko, Secretary Otter Tail County Board of Adjustment BOA Members 5 PC Member 1 MinutesBy:Envelopes 11 TOTAL NOTICES TO PRINT 24 Amy Busko I I Added to Agenda LJ Map [~~| Print out Findings of Fact Sheet Newspapers FFDJ & Perham Focus https://ottertailmn.sharepoint.com/sites/LandResources/Sh Resort Affidavit (56-383) 10-14-21.docx Buffer Parcels Parcel No City St ZioAddr 2Name 1 Addr 1Name 2 14000070054001 Jacob A Hanson DentMN 56528 952434835 380th St 14000070054002 Randolph J Knaust Dent MN 56528 951638047 County Highway 35 14000070054004 Casey L Lubitz Dent MN 56528 952434851 380th St 14000070062000 Pocahontas Resort LLC Fargo ND 58103 2512610 14th St 5 14000080063000 William C & Sandra Kay Poulsen Omaha NE 68164 35322607 125th Cir N 14000080063001 Pocahontas Resort LLC Fargo ND 58103 2512610 14th St S 14000080063002 Beatrice & John Hockert Tstees Wadena MN 56482 0227PO Box 227 14000080063003 Darrell C & Gail M Discher Fargo ND 58104 77046246 18th St S 14000080071000 Duane E Ard DentMN 56528 952139687 350th Ave 14000080071001 Duane E & Lori L Ard DentMN 56528 952139687 350th Ave 14000170141000 Pocahontas Resort LLC 610 14th St S Fargo ND 58103 2512 14000170141001 William C & Sandra Kay Poulsen Omaha NE 68164 35322607 125th Cir N 14000180145000 Curtis G & Jeanine A Pederson Bellingham MN 56212 0307PO Box 307 14000180145001 Gonyea Family LLC Minnetonka MN 55305 1231632 City View Dr 14000180148001 Pocahontas Resort LLC Fargo ND 58103 2512610 14th St S 14000180149000 Pocahontas Resort LLC Fargo ND 58103 2512610 14th St S 14000180150000 Pocahontas Resort LLC Fargo ND 58103 2512610 14th St S 14000990329900 Beatrice & John Hockert Tstees Wadena MN 56482 0227PO Box 227 Pase 1 of 1Tuesday, Seotember 28. 2021 Buffer Mail m Address i City, State, ZipAddress 2Name Duane E Ard 39687 350th Ave Dent MN 56528 9521 Duane E & Lori L Ard 39687 350th Ave Dent MN 56528 9521 Beatrice & John Hockert Tstees Wadena MN 56482 0227PO Box 227 Darrell C & Gail M Discher 6246 18th St S Fargo ND 58104 7704 Gonyea Family LLC 632 City View Dr Minnetonka MN 55305 1231 Jacob A Hanson 34835 380th St Dent MN 56528 9524 Randolph J Knaust 38047 County Highway 35 Dent MN 56528 9516 Casey L Lubitz 34851 380th St Dent MN 56528 9524 Curtis G & Jeanine A Pederson Bellingham MN 56212 0307PO Box 307 Pocahontas Resort LLC 610 14th St S Fargo ND 58103 2512 William C & Sandra Kay Poulsen 2607 125th Cir N Omaha NE 68164 3532 Tuesday, September 28, 2021 Page 1 of 1 p MINNESOTA POLLUTION i !3 CONTROL AGENCY 520 Lafayette Road North St. Paul, MN 55155-4194 Compliance inspection report form Existing Subsurface Sewage Treatment System (SSTS) Doc Type; Compliance and Enforcement Instructions: Inspection results based on Minnesota Pollution Control Agency (MPCA) requirements and attached supporting documentation - additional local requirements may also apply. Further information can be found here: Property information Local tracking number Parcel ID# or Sec/Twp/Range: 14000180148001 Property address: 38034 Co Hwy 35, Dent MN Owner/representative: Joy Bamick, Pocahontas Resort LLC (House system ) Brief system description: two 750 gallon tanks, rock trenche drainfield______ System status Local regulatory authority: Otter Tail County Owner’s phone: 701-799-0653 System status on date (mm/dd/yyyy): 8/23/2021 Compliant - Certificate of compliance* (Valid for 3 years from report date unless evidence of an imminent threat to public health or safety requiring removal and abatement under section 145A.04, subdivision 8 is discovered or a shorter time frame exists in Local Ordinance.) *Note: Compliance indicates conformance with Minn. R. 7080.1500 as of system status date above and does not guarantee future performance. Reason(s) for noncompliance (check ail applicable) □ Impact on public health (Compliance component #1) - Imminent threat to public health and safety □ Tank integrity (Compliance component #2) - Failing to protect groundwater □ Other Compliance Conditions (Compliance component #3) - Imminent threat to public health and safety D OthK' Compliance Conditions (Compliance component #3) - Failing to protect groundwater □ System not abandoned according to Minn. R. 7080.2500 (Compliance component #3) - Failing to protect groundwater Q Soil separation (Compliance component #5) - Failing to protect groundwater □ Operating permit/monitoring plan requirements (Compliance component #4) - Noncompliant - local ordinance applies Comments or recommendations Concrete tankd are 30+ years old so nearing end of life but still compliant, this is for the main house and store, other tanks on resort were also checked and found to be compliant Q Noncompliant - Notice of noncompliance An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance or under section 145A.04 subdivision 8. Systems failing to protect ground water must be upgraded, replaced, or use discontinued within the time required by local ordinance. Certification I hereby certify that all the necessary information has been gathered to determine the compliance status of this system. No determination of future system performance has been nor can be made due to unknown conditions during system construction, possible abuse of the system, inadequate maintenance, or future water usage. By typing my name below, I certify the above statements to be true and correct, to the best of my knowledge, and that this information can be used for the purpose of processing this form. Business name; Super Septic Inc of Pelican Rapids Inspector signature. Wayne Johnson___________ Certification number: C2520 License number; L901 (This document has been electronically signed)Phone; 218-863-7500 Necessary or locally required supporting documentation K Soil observation logs □ Other information (list); □ Tank Integrity Assessment□ Locally required forms □ Operating Permit https://ww\iV.pca.state.mn.us wg-wwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 1 of 4 800-657-3864651-296-6300 1. Impact on public health - Compliance component #1 of 5 Compliance criteria:Attached supporting documentation: □ other:__________________ □ Not applicable □ Yes S NoSystem discharges sewage to the ground surface □ Yes E NoSystem discharges sewage to drain tile or surface waters.___________ □ Yes 13 NoSystem causes sewage backup into dwelling or establishment.______ Describe verification methods and results; looked at tank, visual observation around system, no leakage on sidehill, no signs of backup 2. Tank Integrity - Compliance component #2 of 5 Compliance criteria:Attached supporting documentation: S Pumped at time of inspection□ Yes S NoSystem consists of a seepage pit, cesspool, drywell, leaching pit, or other pit?________________Name of maintenance business; License number of maintenance business; L 3466 Date of maintenance: O Existing tank integrity assessment (Attach) Date of maintenance (mm/dd/yyyy): Hawes □ Yes E NoSewage tank(s) leak below their designed operating depth?8/9/2021 i If yes, which sewage tank(s) leaks: I none leak (must be within ttiree years) CSee form instructions to ensure assessment complies with Minn. R. 7082.0700 subp. 4 B (1)) CD Tank is Noncompliant (pumping not necessary - explain below) D Other; Describe verification methods and results; Observed empty tanks, probed tank bottom, baffles in place, all tanks on site have been pumped and are compliant http5://www.pca.state.mn,us wq-vjwists4-31b • 1/11/21 Use your preferred relay service • Available in alternative formats Page 2 of 4 651-296-6300 800-657-3864 3. Other compliance conditions - Compliance component #3 of 5 3a. Maintenance hole covers appear to be structurally unsound (damaged, cracked, etc.), or unsecured? □ Yes H No □ Unknown 3b. Other issues (electrical hazards, etc.) to immediately and adversely impact public health or safety? □ Yes 13 No □ Unknown 3c. System is non-protective of ground water for other conditions as determined by inspector? 3d. System not abandoned in accordance with Minn. R. 7080.2500? O Yes 3 No □ Yes 13 No Describe verification methods and results: Attached supporting documentation: ^ Not applicable □ 4. Operating permit and nitrogen BMP* - Compliance component #4 of 5 13 Not applicable □ Yes 13 No If “yes”, A below is required Is the system required to employ a Nitrogen BMP specified in the system design? □ Yes S No If “yes”, B below is required BMP = Best Management Practice(s) specified in the system design If the answer to both questions is “no”, this section does not need to be completed. Compliance criteria: a. Have the operating permit requirements been met? b. Is the required nitrogen BMP in place and properly functioning? □ Yes □ No Is the system operated under an Operating Perniit? □ Yes □ No Describe verification methods and results: Attached supporting documentation: □ Operating permit (Attach) □ Use your preferred relay service • Available in alternative formats Page 3 of^ https;//www.pca.state.mn.us wg-wu/ists4-31b • 1/11/21 800-657-3864651-296-6300 5. Soil separation - Compliance component #5 of 5 □ UnknownDate of installation 10/3/1997 (wm/dd/yyyy) Shoreland/Wellhead protection/Food beverage lodging? H Yes O No Attached supporting documentation: ^ Soil observation logs compieted for the report (Attach) D Two previous verifications of required verticai separation (Attach) □ Not applicable (No soil treatment area) Compliance criteria (select one): □ Yes □ No5a. For systems built prior to April 1, 1996, and not located in Shoreland or Wellhead Protection Area or not serving a food, beverage or lodging establishment: Drainfield has at least a two-foot vertical separation distance from periodically saturated soil or bedrock. □ 5h. Non-performance systems built April 1, 1996, or. later or for non-performance systems located in Shoreland or Wellhead Protection Areas or serving a food, beverage, or lodging establishment: Drainfield has a three-foot vertical separation distance from periodically saturated soil or bedrock.* □ Yes H No indicate depths or elevations A. Bottom of distribution media 26 B. Periodically saturated soil/bedrock +62 C. System separation +36 D. Required compliance separation* 36 *May be reduced up to 15 percent if allowed by Local Ordinance: 5c. “Experimental", “Other", or “Performance" □ Yes □ No systems built under pre-2008 Rules; j Type IV or V systems built under 2008 1 Rules 7080. 2350 or 7080.2400 (Advanced Inspector License required) Drainfield meets the designed vertical separation distance from periodically saturated soil or bedrock. I Describe verification methods and results: Boring Log: 0-6 lOyr 2/2 loamy sarid 6-26 10yr5/4 gravelly sand 26-62 10ry5/4 gravelly sand with 10yr5/6 redish sand grains Upgrade requirements: (/W/nn. Stat. § 115.55) An imminent threat to public health and safety (ITPHS) must be upgraded, replaced, or its use discontinued within ten months of receipt of this notice or within a shorter period if required by local ordinance. If the system is failing to protect ground water, the system must be upgraded, replaced, or its use discontinued within the time required by local ordinance. If an existing system is not failing as defined in law, and has at least two feet of design soil separation, then the system need not be upgraded, repaired, replaced, or its use discontinued, notwithstanding any local ordinance that is more strict. This provision does not apply to systems In shoreland areas. Wellhead Protection Areas, or those used in connection with food, beverage, and lodging establishments as defined in law. 800-657-3864 Use your preferred relay service Available in alternative formats Page 4 of 4 httpst/Zwww.pca .State, mn.us wq-wwists4-31b • 1/11/21 651-296-6300 1 ilFlB Proposal 38992 183rd Ave Pelican Rapids, MN 56572 (218) 863-3373 Proposal #Date 8/15/2021 2212 Name / Address Pocahontas Resort 38034 Co Hwy 35 Dent, MN 56528 Visit our website: www.septicandexcavation.com i TotalDescription Parts and Labor to excavate and inspect existing tanks, bring risers to the surface install new manholes and covers. ** This work has been completed ** Advance design - &. This estimate is subject to soils verification and acceptance of flow measurement and design by Otter Tail county. Materials for alarm to bring existing pumps up to electronic alarm standards. Does not include electrician costs. ** Electrical connection of pumps and alarms by certified electrician (estimated) 1000 Gallon Septic / Stilling Tank and Materials to connect to existing tanks 1000 Gallon Lift station tank, riser pipe etc Materials for lift station including pump, float switch, alarm and pipe to connect to drainfield. “ Electrical connection of pumps and alarms by certified electrician (estimated cost) Directional boring by outside vender, bore from lift tank to mound area Mound drainfield placed against slope where boat trailers are parked. Grass seed entire area, customer is responsible for watering if needed. Equipment and technician time for Installation of septic system. Site Permit and county inspection for septic system. Minnesota Septic Tank Tax MN Sales Tax 4,338.00 3,000.00 2,473.32 750.00 4,230.49 3,295.73 4,331.35 1,000.00 4,500.00 11,090.19 200.00 11,850.00 350.00 50.00 j • 0.00 ■! $51,459.08We propose to furnish material and labor - complete in accordance with the above specifications for the sum of: Payment as follows: $10,000 non-refundable payment due upon acceptance of this proposal, balance due upon completetion of project All work to be complete in a substantial workmanlike manner according to specifications submitted, per standard practices. Any alteration of deviation fi^om the above specifications involving extra cost will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workmen’s compensation insurance. If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney’s fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction. ACCEPTANCE OF PROPOSAL Customer SignatureThe above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.Date of acceptance Apon acceptance. Please sign and return one copy along with your down payment (this proposal may be withdrawn if not accepted within 30 days) Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 ADDENDUM TO COMMERCIAL PURCHASE AGREEMENTThis form approved by the Minnesota Association of REALTORS®, which disciaims any iiabiiity arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN July 12th, 20211. Date 2. Page 1 July 8th 20213.Addendum to Purchase Agreement between parties, dated (Date of this Purchase Agreement), pertaining to the purchase and sale of the Property at4. 38034 County Hwy 35 56528DentHN5. 6.In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language in this Addendum shall govern. As stated on Line 24 of Purchase Agreement, costs for Septic Compliance exceeds $75,000. Line 33 check box shall be checked IS NOT contingent on Due Diligence. The owners home on property to be sold As-Is. The sellers will provide the 2019-2020 water tests. 7. Sale price shall be Amended to $810,000 if repair .8. 9. 10.■C 11. 12."1 .. In regards to lines 151-153 of Purchase Agreement: sellers are currently in compliance and . have all the necessary licenses, permits, etc...to run the resort. The buyers will be .. , responsible to obtain their own licenses, permits, etc... to run the resort and will be responsible for any future changes that the buyers wish to make. 15.Buyers have 30 days to conduct all property inspections to Buyers satisfaction;5^58 JVfB16. 17. 18. 19. SELLER BUYER (—AuiiwnlisiGM- 3^>ied iButcak.2Q Pocahontas Resort LLC (Busme^^g[j|}^r;.lndividual Name)(BusinesslEntjt^j^ndivi^^^J^jl^^^ 21. By By: Hg. Joy Barnick 07/12)^1)21 6:06:48 PM CDT (Buyer) 22.Its: 3/2021 23. (Date) (Date) 24. SELLER JVico£e SSinozik SON* 25 Pocahontas Resort LLC (Business Entity or Individual Name) — Authen^sK^ 26. By: __________ 27. Its: Joel Barnick 07/12/2C(i^'®> (Busin^^??S98i!y3(Si®l3hlWiS9^Name) By: (Buyer) 1 8:1(M)4 PM CDT Its: (Title) 07/13/202128. (Date)pate) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 29. 30. MN-ACPA (8/20) Minnesota . Realtors® TRANSACTIONS ^ 1/ TfoniKliot'DesIt Edition Authentisign ID: EE124317-863E-4E33-9202-31CS2A00AAAO ADDENDUM TO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY This form approved by the Minnesota Association of REALTORS®, which disciaims any iiabiiity arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN July 8th, 20211. Date 2. Page 1 July 8th 2021Addendum to Purchase Agreement between parties, dated (Date of this Purchase Agreement), pertaining to the purchase and sale of the Property at 3. 4. MN 5652838034 County Hwy 35 Dent5. Seller has previously disclosed that a subsurface sewage treatment system and/or private well exists on, or serves, the Property. This Purchase Agreement is contingent upon inspection(s) of the subsurface sewage treatment system and/or private well to determine the condition or status of the following checked items. If the appropriate test(s)/inspection(s) checked below are not done and results provided within the time specified, or waived in writing by Buyer, then the party not responsible for obtaining the test/inspection may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If the party declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. (Check all that apply.) \X] SUBSURFACE SEWAGE TREATMENT SYSTEM: All test(s)/lnspection(s) shall be done and results provided to Buyer within Acceptance Date of this Purchase Agreement. □ BUYER [X] SELLER AGREES TO OBTAIN (AND PROVIDE TO BUYER) A LICENSED INSPECTOR’S SEPTIC ....................(Check one.)---------------- SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS WITHIN THE TIME SPECIFIED ABOVE. NOTICE: A VALID CERTIFICATE OF COMPLIANCE FOR THE SYSTEM SHALL SATISFY THIS OBLIGATION. If the inspection report indicates that the subsurface sewage treatment system is not in compliance with applicable regulations, then the parties may agree in writing on or before the date of closing, to negotiate an allocation between Buyer and Seller of those costs necessary to bring the subsurface sewage treatment system into compliance with applicable regulations. In the absence of such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. OTHER: 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. tbd Calendar Days of Final17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. MN:APA:SSTSWIC-1 (8/20) Minnesota Realtors® TRANSACTIONS V O' I'd'is.v.’b'iDesi. csihoii Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 ADDENDUM TO PURCHASE AGREEMENT: SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY 38. Page 2 5652838034 County Hwy 35 Dent MN39. Property located at. 40. H PRIVATE WELL; All test(s)/inspection(s) shall be done and results provided to Buyer within __Calendar Days of Final Acceptance Date of this Purchase Agreement. □ BUYER ® SELLER AGREES TO OBTAIN (AND PROVIDE TO BUYER) A WATER QUALITY TEST WITHIN —....................{Check one.)------------------ THE TIME SPECIFIED ABOVE. 41. 42. 43. 44. If the water quality test results show the water is not potabie or otherwise not in compliance with governmental water quality standards, then the parties may agree in writing, on or before the date, of closing, to negotiate an allocation between Buyer and Seller of those costs necessary to bring the water into potable condition and into compliance with governmental water quality standards. in the absence of such agreement, either party may declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled,- Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. OTHER: 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 6:O6:I>0 PM”CIDi p“Authentiaw ^-waaoai ⅈ17pmcot f Authentischr07/12/2021 3^>ted fBiruyuA 07/08/2021 i.60. 7:37:52 PM CDT (Date)(Date) (—AuthentisK»f07/12/2021 07/08/2021JVicaCe Siulozih61. (Date)(Date)(Seller)(BD7t»)2021 7:31:41 PM CDT THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 62. 63. MN:APA;SSTSWEC-2 (8/20) E Minnesota Realtors® TRANSACTIONS TrsinsjctionDcsk. cciriois Authentisign ID: EE124317-863E-4E33-9202-31CS2A00AAA0 COMMERCIAL PURCHASE AGREEMENTThis form approved by the Minnesota Association of REALTORS® and the Minnesota Commerciai Association of REALTORS®, which disciaims any iiabiiity arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN 20218th1. Page 1 Date BUYER(S) is/are: Fred & Nicole Binczik_____________________________________________ individual(s); OR Q a business entity organized under the iaws of the State of SELLER(S) is/are: Pocahontas Resort,LLC____________________________________________ I I individual(s); OR a business entity organized under the laws of the State of ^ , (Check one.)2. 3. , (Check one.)4. 5. 10000.6. Buyer's earnest money in the amount of Ten Thousand Dollars7. 8. 10,000.00 9. Final Acceptance Date to be deposited in the trust account of: (Check one.) 10. O listing broker; or All American Title - Perham __________^ (Trustee) 12. within three (3) Business Days of receipt of the earnest money or Final Acceptance Date whichever is later. 13. Said earnest money is part payment for the purchase of property at ■] 4 38034_____County Hwy 35 ) shall be delivered no later than two (2) Business Days after 11. located in the otter TailDent_, County of _ PID # (s) 14000180148001 15. City/Township of 16. State of Minnesota, Zip Code 56528 17. 18. and legally described as follows Lengthy—6 Parcels - will provide attachment 19. (collectively the "Property") 21. together with the personal property as described in the attached Addendum to Commercial Purchase Agreement: 22. Personal Property, if any, all of which property the undersigned has this day sold to Buyer for the sum of: 23 Seven Hundred Seventy-Five Thousand 24. or Eight Hundred Ten Thousand if Septic repairs needed for certification exceed a cost of $75,000. 25. ($ 775,000.00_______ 26. 1. CASH Of 20_____ money: PLUS 28. 2. FINANCING of 1° financing as required by this Purchase Agreement. Such financing shall be: (Check one.) 0 a first mortgage; O a contract for deed; or □ a first mortgage with subordinate financing, as described in the attached Addendum to Commercial Purchase Agreement: @ Conventional/SBA/Other Q Contract for Deed. 20. __________) Dollars ("Purchase Price"), which Buyer agrees to pay in the following manner: percent (%) of the sale price, or more in Buyer’s sole discretion, which includes the earnest 27. percent (%) of the sale price. Buyer shall, at Buyer’s sole expense, apply for any 29. 30. 31. 32. 33. DUE DILIGENCE: This Purchase Agreement [X] IS Q IS NOT subject to a due diligence contingency. (If answer is IS, -------(Check one.)------ 34. see attached Addendum to Commercial Purchase Agreement: Due Diligence.) 45 days after COE of35. CLOSING: The date of closing shall be MNC:PA-1 (8/20) MN residence Minnesota Realtors® TRANSACTIONS J!ins.K:i;OnDeik tcUicn Authentisign ID; EE124317-863E-4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 36. Page 2 Date__8th 2021 37. Property located at 38034 county Hwy 35 MN 56528Dent 38. DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a: (Check one.) 39. E WARRANTY DEED □ LIMITED WARRANTY DEED □ CONTRACT FOR DEED DEED conveying marketable title, subject to: 41. (a) building and zoning laws, ordinances, and state and federal regulations; 42. (b) restrictions relating to use or improvement of the Property without effective forfeiture provisions; 43. (c) reservation of any mineral rights by the State of Minnesota or other government entity; 44. (d) utility and drainage easements which do not interfere with existing improvements; and 45. (e) others (must be specified in writing):^ 40. □ OTHER: 46. 47. TENANTS/LEASES: Property IS O IS NOT subject to rights of tenants (if answer is IS, see attached Addendum -------(Check one.)------ 48. to Commercial Purchase Agreement: Due Diligence). 49. Seller shall not execute leases from the Date of this Purchase Agreement to the.date of closing, the term of which lease 50. extends beyond the date of closing, without the prior written consent of Buyer. Buyer's consent or denial shall be days of Seller's written request. Said consent51. provided to Seller within n/a______ : 52. shall not be unreasonably withheld. 53. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be'prorated between Seller and 54. Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this Purchase Agreement. 55. Real estate taxes, including penalties, interest, and any associated fees, payable in the years prior to closing shall 56. be paid by Seller. Real estate taxes payable in the years subsequent to closing shall be paid by Buyer. 57. SPECIAL ASSESSMENTS: 58. [g BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING □ SELLER SHALL PAY --------------------------------------------------------------------------------------------------(Check one.)-------------------------------------------------------------------------------------------------- 59. on the date of closing all installments of special assessments certified for payment with the real estate taxes due and 60. payable in the year of closing. 61. [g BUYER SHALL ASSUME □ SELLER SHALL PAY ON DATE OF CLOSING all other special assessments -------------------------------------------------------------------------(Check one.)----------------------------------------------------------------- 62. levied as of the Date of this Purchase Agreement. 63. Ig BUYER SHALL ASSUME □ SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as ----------------------------------------------------------------------(Check one.)--------------------------------------------------------------- 64. of the Date of this Purchase Agreement for improvements that have been ordered by any assessing authorities. (Seller’s 65. provision for payment shall be by payment into escrow of up to two (2) times the estimated amount of the assessments 66. or less, as allowed by Buyer’s lender.) 67. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of 68. which is not otherwise here provided. 69. As of the Date of this Purchase Agreement, Seller represents that Seller Q HAS g HAS NOT received a notice -------------(Check one.)------------- 70. regarding any new improvement project from any assessing authorities, the costs of which project may be assessed 71. against the Property. Any such notice received by Seller after the Date of this Purchase Agreement and before 72. closing shall be provided to Buyer immediately. If such notice is issued after the Date of this Purchase Agreement 73. and on or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, 74. provide for the payment of, or assume the special assessments. In the absence of such agreement, either party may 75. declare this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the 76. other party, in which case this Purchase Agreement is canceled. If either party declares.this Purchase Agreement 77. canceled. Buyer and Seller shall immediately sign a written cancellation of Purchase Agreement confirming said 78. cancellation and directing all earnest money paid here to be refunded to Buyer. MNC:PA-2 (8/20) :i Minnesota Realtors® ^^TRANSACTIONS TransictlonDcsl: Ediiion Authentisign ID: EE124317-863E-4E33-9202-31C52AO0AAA0 COMMERCIAL PURCHASE AGREEMENT 8th 2021 Dent 79. Page 3 Date __ MN 5652880. Property located at 38034 county Hwy 35 81. POSSESSION; Seller shall deliver possession of the Property: (Check one.) 82. [g IMMEDIATELY AFTER CLOSING; or 83. □ OTHER; 84. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HERE from the Property 85. by possession date. 86. PRORATIONS: All items customarily prorated and adjusted in connection with the closing of the sale of the Property 87. here including but not limited to rents, operating expenses, interest on any debt assumed by Buyer, shall be prorated 88. as of the date of closing. It shall be assumed that Buyer will own the Property for the entire date of the closing. 89. RISK OF LOSS: If there is any loss or damage to the Property between Date of this Purchase Agreement and the date 90. of closing, for any reason, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged before 91. the closing, this Purchase Agreement shall be canceled, at Buyer’s option, if Buyer gives written notice to Seller, or licensee 92. representing or assisting Seller, of such cancellation within thirty (30) days of the damage. Upon said cancellation, 93. Buyer and Seller shall immediately sign a written cancellation of Purchase Agreement confirming said cancellation 94. and directing all earnest money paid here to be refunded to Buyer. 95. EXAMINATION OF TITLE: Seller shall, at its expense, within tbd days after Final 96. Acceptance Date, furnish to Buyer, or licensee representing or assisting Buyer, a commitment for an owner’s policy Perham97. of title insurance from All American Title , including levied and pending special (Name of Title Company) 98. assessments. Buyer shall be allowed ten (10) days ("Objection Period") after receipt of the commitment for title 99. insurance to provide Seller, or licensee representing or assisting Seller, with written objections. Buyer shall be deemed 100. to have waived any title objections not made within the Objection Period provided for immediately above and any 101. matters with respect to which title objection is so waived may be excepted from the warranties in the Deed as specified 102. here to be delivered pursuant to this Agreement. 103. TITLE CORRECTIONS AND REMEDIES: Seller shall have thirty (30) days ("Cure Period") from receipt of Buyer’s 104. written title objections to cure any title objections but shall not be obligated to do so. Upon receipt of Buyer’s title 105. objections, Seller shall, within ten (10) days, notify Buyer, or licensee representing or assisting Buyer, in writing whether 106. or not Seller will endeavor to cure such objections within the Cure Period. Liens or encumbrances for liquidated 107. amounts created by instruments executed by Seller and which can be released by payment proceeds of closing shall 108. not delay the closing. 109. If Seller’s notice states that Seller will not endeavor to cure one or more specified objections within the Cure Period, 110. Buyer may, as its sole remedy, within ten (10) days of the sending of such notice by Seller, declare this Purchase 111. Agreement canceled by written notice to Seller, or licensee representing or assisting Seller, in which case this Purchase 112. Agreement is canceled. If Buyer declares this Purchase Agreement canceled, Buyer and Seller shall immediately sign a 113. written cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid here to 114. be refunded to Buyer. If Buyer does not declare this Purchase Agreement canceled as provided immediately above, 115. Buyer shall be bound to proceed with the closing and to purchase the Property subject to the objections Seller has 116. declined to cure without reduction in the Purchase Price. 117. If Seller’s notice states that Seller will endeavor to cure all of the specified objections, or if Seller’s notice states that 118. Seller will endeavor to cure some, but not all, of the specified objections and Buyer does not declare this Purchase 119. Agreement canceled as provided above. Seller shall use commercially reasonable efforts to cure the specified objections 120. or those Seller has agreed to endeavor to cure and, pending correction of title, all payment required here and the 121. closing shall be postponed. 122. If Seller, within the Cure Period provided above, corrects the specified objections Seller’s notice indicated Seller would 123. endeavor to cure, then upon presentation to Buyer, or licensee representing or assisting Buyer, of documentation 124. establishing that such objections have been cured, the closing shall take place within ten (10) days or on the scheduled 125. closing date, whichever is later. MNC:PA-3 (8/20) Minnesota Realtors® TRANSACTIONS Iransici'CnDcsl. tdiiion Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 126. Page 4 Date Dent 8th 2021 127. Property located at 38034 county Hwy 35 128. If Seller, within the Cure Period provided above, does not cure the specified objections which Seller’s notice indicated 129. Seller would endeavor to cure. Buyer may, as its sole remedy, declare this Purchase Agreement canceled by written 130. notice to Seller, or licensee representing or assisting Seller, given within five (5) days after the end of the Cure Period, 131. in which case this Purchase Agreement is canceled. Buyer and Seller shall immediately sign a Cancellation of Purchase 132. Agreement confirming said cancellation and directing all earnest money paid here to be refunded to Buyer. Neither 133. party shall be liable for damages here to the other. In the alternative. Buyer may elect to waive such objections by 134. providing written notice to Seller, or licensee representing or assisting Seller, within such five (5)-day period and accept 135. title subject to such uncured objections, in which event. Buyer shall be bound to proceed with the closing and to purchase 136. the Property subject to the objections Seller has not cured without reduction in the Purchase Price. If neither notice 137. is given by Buyer within such five (5)-day period. Buyer shall be deemed to have elected to waive the objections and 138. to proceed to closing as provided in the immediately preceding sentence. 139. If title is marketable, or is made marketable as provided here, and Buyer defaults in any of the agreements here, 140. Seller, in addition to any other right or remedy available to Seller here, at law or in equity may cancel this Purchase 141. Agreement as provided by either MN Statute 559.21 or MN Statute 559.217, whichever is applicable, and retain all 142. earnest money paid here as liquidated damages. 143. If title is marketable, or is made marketable as provided here, and Seller defaults in any of the agreements here, 144. Buyer may, in addition to any other right or remedy available to Buyer here, seek specific performance within six 145. (6) months after such right of action arises. MN 56528 146. REPRESENTATIONS AND WARRANTIES OF SELLER: The following representations made are to the best 147. of Seller's knowledge. 148. There is no action, litigation, investigation, condemnation, or other proceeding of any kind pending or threatened 149. against Seller or any portion of the Property. In the event Seller becomes aware of any such proceeding prior to 150. closing. Seller will promptly notify Buyer of such proceeding. 151: The Property is in compliance with all applicable provisions of all planning, zoning, and subdivision rules; regulations; 152. and statutes. Seller has obtained all necessary licenses, permits, and approvals necessary for the ownership and 153. operation of the Property. 154. Prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures, or tools furnished 155. within the 120 days immediately preceding the closing in connection with construction, alteration, or repair of any 156. structure on, or improvement to, the Property. 157. Seller has not received any notice from any governmental authority as to condemnation proceedings, or violation of 158. any law, ordinance, regulation, code, or order affecting the Property. If the Property is subject to restrictive covenants, 159. Seller has not received any notice from any person or authority as to a breach of the covenants. Any such notices 160. received by Seller shall be provided to Buyer immediately. 161. Seller has not executed any options to purchase, rights of first refusal, or any other agreements giving any person or 162. other entity the right to purchase or otherwise acquire any interest in the Property, and Seller is unaware of any options 163. to purchase, rights of first refusal, or other similar rights affecting the Property. 164. The legal description of the real property to be conveyed has been or shall be approved for recording as of the date 165. of closing. 166. If Seller is an organized entity. Seller represents and warrants to Buyer that Seller is duly organized and is in good 167. standing under the laws of the State of Minnesota; that Seller is duly qualified to transact business in the State of 168. Minnesota; that Seller has the requisite organizational power and authority to enter into this Purchase Agreement and 169. the Seiler's closing documents signed by it; such documents have been duly authorized by ail necessary action on 170. the part of Seller and have been duly executed and delivered; that the execution, delivery, and performance by Seller of 171. such documents do not conflict with or result in a violation of Seller’s organizational documents or Bylaws or any judgment, 172. order, or decree of any court or arbiter to which Seller is a party; and that such documents are valid and binding obligations 173. of Seller, and are enforceable in accordance with their terms. MNC:PA-4 (8/20) i Minnesota Realtors®■ i TRANSACTIONS iTransacrionDcsk Edii ion i Authentisign ID: EE124317-663E-4E33<9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 8th 2021174. Page 5 Date __ Dent MN 56528175. Property located at 38034 County Hwy 35 176. Seller will indemnify Buyer, its successors and assigns, against and will hold Buyer, its successors and assigns, 177. harmless from, any expenses or damages, including reasonable attorneys’ fees, that Buyer incurs because of the 178. breach of any of the above representations and warranties, whether such breach is discovered before or after the 179. date of closing. 180. See attached Addendum to Commercial Purchase Agreement: Due Diligence, if any, for additional representations 181. and warranties. 182. REPRESENTATIONS AND WARRANTIES OF BUYER: If Buyer is an organized entity. Buyer represents and warrants 183. to Seller that Buyer is duly organized and is in good standing under the laws of the State of Minnesota; that Buyer is 184. duly qualified to transact business in the State of Minnesota; that Buyer has the requisite organizational power and 185. authority to enter into this Purchase Agreement and the Buyer’s closing documents signed by it; such documents 186. have been duly authorized by all necessary action on the part of Buyer and have been duly executed and delivered; 187. that the execution, delivery, and performance by Buyer of such documents do not conflict with or result in a violation 188. of Buyer’s organizational documents or Bylaws or any judgment, order, or decree of any court or arbiter to which Buyer 189. is a party; and that such documents are valid and binding obligations of Buyer, and are enforceable in accordance with 190. their terms. Buyer will indemnify Seller, its successors and assigns, against and will hold Seller, its successors and 191. assigns, harmless from, any expenses or damages, including reasonable attorneys’ fees, that Seller incurs because 192. of the breach of any of the above representations and warranties, whether such breach is discovered before or after 193. the date of closing. 194. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 195. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) 196. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) 197. ending at 11:59 P.M. on the last day. 198. BUSINESS DAYS: “Business Days” are days which are not Saturdays, Sundays, or state or federal holidays unless 199. stated elsewhere by the parties in writing. 200. DEFAULT: If Buyer defaults in any of the agreements here. Seller may cancel this Purchase Agreement, and any 201. payments made here, including earnest money, shall be retained by Seller as liquidated damages and Buyer and Seller 202. shall affirm the same by a written cancellation. In the alternative. Seller may seek all other remedies allowed by law. 203. If Buyer defaults in any of the agreements here, Seller may terminate this Purchase Agreement under the 204. provisions of either MN Statute 559.21 or MN Statute 559.217, whichever is applicable. 205. If this Purchase Agreement is not canceled or terminated as provided here. Buyer or Seller may seek actual damages 206. for breach of this Purchase Agreement or specific performance of this Purchase Agreement; and, as to specific 207. performance, such action must be commenced within six (6) months after such right of action arises. 208. SUBJECT TO RIGHTS OF TENANTS, IF ANY, BUYER HAS THE RIGHT TO VIEW THE PROPERTY PRIOR TO 209. CLOSING TO ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE 210. DATE OF THIS PURCHASE AGREEMENT. 211. METHAMPHETAMINE PRODUCTION DISCLOSURE: 212. (A Methamphetamine Production Disclosure is required by MN Statute 152.0275, Subd. 2 (m).) 213. ® Seller is not aware of any methamphetamine production that has occurred on the Property. 214. Q Seller is aware that methamphetamine production has occurred on the Property. 215. (See Disclosure Statement: Methamphetamine Production.) 216. NOTICE REGARDING AIRPORT ZONING REGULATIONS: The Property may be in or near an airport safety zone 217. with zoning regulations adopted by the governing body that may affect the Property. Such zoning regulations are 218. filed with the county recorder in each county where the zoned area is located. If you would like to determine if such 219. zoning regulations affect the Property, you should contact the county recorder where the zoned area is located. 220. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory 221. offender registry and persons registered with the predatory offender registry under MN Statute 243.166 may 222. be obtained by contacting the local law enforcement offices in the community where the Property is located 223. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections web 224. site at www.corr.state.mn.us. MNC:PA-5 (8/20)Minnesota Realtors® TRANSACTIONS rriinsACi'tjnDcii. Edition Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 225. Page 6 Date __L 8th 2021 MN 56528226. Property located at 38034 county Hwy .35 Dent 227. DISCLOSURE NOTICE: If this Purchase Agreement includes a structure used or intended to be used as residential 228. property as defined under MN Statute'513.52, Buyer acknowiedges Buyer has received a Disclosure Statement: 229. Seller's Property Disclosure Statement or Disclosure Staterhent: Seller's Disclosure Alternatives form. 230. BUYER IS NOT RELYING ON ANY ORAL REPRESENTATIONS REGARDING THE CONDITION OF THE PROPERTY. ,231. (Check appropriate boxes.) 232. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 233. CITY SEWER □ YES [X] NO / CITY water □ YES® NO 234. SUBSURFACE SEWAGE TREATMENT SYSTEM 235. SELLER [X] D0ES □ DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT SYSTEM ON OR SERVING ----------------(Check one.)------------- 236. THE PROPERTY. (If answer is DOES, and the system does not require a state permit, see Disclosure Statement: 237. Subsurface Sewage Treatment System.) 238. PRIVATE WELL 239. SELLER [g DOES □ DOES NOT KNOW OF A WELL ON OR SERVING THE PROPERTY. (If answer is DOES and well --------------(Check one.)................. 240. is located on the Property, see Disclosure Statement: Well.) 241. To the best of Seller’s knowledge, the Property Q IS [X] IS NOT in a Special Well Construction Area. -------(Check one.)------ 242. THIS PURCHASE AGREEMENT g IS □ IS NOT SUBJECT TO AN ADDENDUM TO PURCHASE AGREEMENT: .........(Check one.)-------- 243. SUBSURFACE SEWAGE TREATMENT SYSTEM AND WELL INSPECTION CONTINGENCY. 244. (If answer is IS, see attached Addendum.) 245. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 246. RECEIVED A DISCLOSURE STATEMENT: WELL AND/OR A DISCLOSURE STATEMENT: SUBSURFACE SEWAGE 247. TREATMENT SYSTEM. 248. There Q IS ® IS NOT a storage tank located on the Property that is subject to the requirements of MN Statute 116.48. ------(Check one.)------ 249. (If answer is IS, see Commercial Disclosure Statement: Storage Tank(s).) AGENCY NOTICE is O Seller’s Agent O Buyer’s Agent Dual Agent. ..............................................(Check one.).................-............................... 250. Bruce Zeller251. (Ucensee) 252. Lakeplace.com - Lakeshore and More (Real Estate Company Name) 253. Jodi Zeller (Ucensee) 254. Lakeplace.com - Lakeshore and More (Real Estate Company Name) is O Seller’s Agent Q Buyer’s Agent Dual Agent. ..............................................(Check one.)................................................... 255. DUAL AGENCY DISCLOSURE: Dual agency occurs when one broker or salesperson represents both parties to a 256. transaction, or when two salespersons licensed to the same broker each represent a party to the transaction. Dual 257. agency requires the informed consent of ali parties, and means that the broker or saiesperson owes the same fiduciary : 258. duties to both parties to the transaction. This roie limits the level of representation the broker and saiespersons can 259. provide, and prohibits them from acting exclusively for either party. In dual agency, confidential information about price, 260. terms, and motivation for pursuing a transaction will be kept confidential unless one party instructs the. broker or 261. saiesperson in writing to disclose specific information about him or her. Other information will be shared. Dual agents , 262. may not advocate for one party to the detriment of the other. MNC:PA-6 (8/20)Minnesota Realtors ^^TRANSACTIONS V W TisnsjctionDcsV Ldilion Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 8th 2021263. Page 7 Date __ Dent MN 56528264. Property Ineateri at 38034 County Hwy 35 CONSENT TO DUAL AGENCY265. 266. Broker represents both parties involved in the transaction, which creates a dual agency. This means that Broker and 267. its salespersons owe fiduciary duties to both parties. Because the parties may have conflicting interests, Broker and its 268. salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this 269. transaction without the consent of both parties. Both parties acknowledge that 270. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy, sell, or lease will 271. 272. 273. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 274. (3) within the limits of dual agency. Broker and its salesperson will work diligently to facilitate the mechanics of the 275. 276. With the knowledge and understanding of the explanation above, the parties authorize and instruct Broker and its 277. salespersons to act as dual agents in this transaction. remain confidential unless the parties instruct Broker in writing to disclose this information. Other information will be shared; sale. qUYER; Fred Binczik___________ (Business Entity or individual Name) 278. SFL l-ER; Pocahontas Resort,LLC — Authen^ggg-iness Entity or Individuai Name) Authenfjsior Sted 3iinc/zifiBy:279. By:CDT Fred BinczikJoy Barnick280. (Buyer's Printed Name)(Selier's Printed Name) Co-Owner Its:281.Its: (Title)07/9i^)!?021 07/08/2021 282. (Date)(Date) BUYER: Nicole Binczik________ (Business Entity or Individuai Name) 283. SELLER: Pocahontas Resort,LC (— Entity or Individuai Name)r—Au+hanli ^[icole. SSUicdABy:284. By: (SeTtetyeiS^ltatsti^i PM cor Nicole BinczikJoel Barnick285. (Buyer's Printed Name)(Seller's Printed Name) Co-Owner Its:286.Its: (Title)07/12/26'^^ 07/08/2021287. (Date)(Date) 288. SUCCESSORS AND ASSIGNS: All provisions of this Purchase Agreement shall be binding on successors and 289. assigns. 290. CLOSING COSTS: Buyer or Seller may be required to pay certain closing costs, which may effectively increase the 291. cash outlay at closing or reduce the proceeds from the sale. 292. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Section 1445 of the Internal Revenue Code 293. provides that a transferee (“Buyer") of a United States real property interest must be notified in writing and must 294. withhold tax if the transferor ("Seller") is a foreign person and no exceptions from FIRPTA withholding apply. Buyer 295. and Seller agree to comply with FIRPTA requirements under Section 1445 of the Internal Revenue Code. 296. Seller shall represent and warrant, under the penalties of perjury, whether Seller is a "foreign person" (as the same 297. is defined within FIRPTA), prior to closing. Any representations made by Seller with respect to this issue shall survive 298. the closing and delivery of the deed. 299. Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument, affidavit, or statement 300. reasonably necessary to comply with the FIRPTA requirements, including delivery of their respective federal taxpayer 301. identification numbers or Social Security numbers. MNC:PA-7 (8/20)Minnesota Realtors TRANSACTIONS Tr.iriijciiOnnC'il' tdilion Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 302. Page 8 Date JuJ-v Dent 8th 2021 303. Property located at 3803^__county Hwy 35 304. Due to the complexity and potential risks of failing to comply with FIRPTA, including the Buyer's responsibility for 305. withholding the applicable tax, Buyer and Seller should seek appropriate legal and tax advice regarding FIRPTA 306. compliance, as the respective licensees representing or assisting either party will be unable to assure either 307. party whether the transaction is exempt from FIRPTA withholding requirements. 308. NOTE: MN Statute 500.221 establishes certain restrictions on the acquisition of title to agricultural land by aliens and non-American corporations. Please seek appropriate legal advice if this Purchase Agreement is for the sale of agricultural land and Buyer is a foreign person. MN 56528 309. 310. 311. ACCEPTANCE DEADLINE: This offer to purchase, unless accepted sooner, shall be withdrawn at 11:59 P.M., , and in such event all earnest money shall be returned to Buyer. 313. CONDEMNATION: If, prior to the closing date, condemnation proceedings are commenced against all or any part 314. of the Property, Seller or licensee representing or assisting Seller, shall immediately give written notice to Buyer, or 315. licensee representing or assisting Buyer, of such fact and Buyer may, at Buyer’s option (to be exercised within thirty (30) 316. days after Seller’s notice), declare this Purchase Agreement canceled by written notice to Seller or licensee representing 317. or assisting Seller, in which case this Purchase Agreement is canceled and neither party shall have further obligations 318. under this Purchase Agreement. In the event Buyer declares the Purchase Agreement canceled. Buyer and Seller 319. shall immediately sign a written cancellation confirming such cancellation and directing all earnest money paid 320. here to be refunded to Buyer. If Buyer fails to give such written notice, then Buyer shall be bound to proceed with 321. closing, subject to any other contingencies to this Purchase Agreement. In such event, there shall be no reduction in 322. the purchase price, and Seller shall assign to Buyer at the closing date all of Seller’s rights, title, and interest in and to 323. any award made or to be made in the condemnation proceedings. Prior to the closing date. Seller shall not designate 324. counsel, appear in, or otherwise act with respect to, the condemnation proceedings without Buyer’s prior written 325. consent. TBD312. 326. MUTUAL INDEMNIFICATION: Seller and Buyer agree to indemnify each other against, and hold each other harmless 327. from, all liabilities (including reasonable attorneys’ fees in defending against claims) arising out of the ownership, 328. operation, or maintenance of the Property for their respective periods of ownership. Such rights to indemnification will 329. not arise to the extent that (a) the party seeking indemnification actually receives insurance proceeds or other cash 330. payments directly attributable to the liability in question (net of the cost of collection, including reasonable attorneys’ 331. fees); or (b) the claim for indemnification arises out of the act or neglect of the party seeking indemnification. If, and 332. to the extent that, the indemnified party has insurance coverage, or the right to make claim against any third party for 333. any amount to be indemnified against, as set forth above, the indemnified party will, upon full performance by the 334. Indemnifying party of its indemnification obligations, assign such rights to the indemnifying party or, if such rights are 335. not assignable, the indemnified party will diligently pursue such rights by appropriate legal action or proceeding and 336. assign the recovery and/or right of recovery to the indemnifying party to the extent of the indemnification payable 337. made by such party. 338. FULLY EXECUTED PURCHASE AGREEMENT AND FINAL ACCEPTANCE: To be binding, this Purchase Agreement 339. and all addenda must be fully executed by both parties and a copy must be delivered. 340. ELECTRONIC SIGNATURES: The parties agree the electronic signature of any party on any document related to' 341. this transaction constitute valid, binding signatures. 342. ENTIRE AGREEMENT: This Purchase Agreement and all addenda and amendments signed by the parties shall 343. constitute the entire agreement between Buyer and Seller. Any other written or oral communication between Buyer and 344. Seller, including, but not limited to, e-mails, text messages, or other electronic communications are not part of this 345. Purchase Agreement. This Purchase Agreement can be modified or canceled only in writing signed by Buyer and 346. Seller or by operation of law. All monetary sums are deemed to be United States currency for purposes of this Purchase 347. Agreement. 348. SURVIVAL: All warranties and representations in this Purchase Agreement shall survive the delivery of the deed or 349. contract for deed and be enforceable after the closing. 350. DATE OF THIS PURCHASE AGREEMENT: Date of this Purchase Agreement to be defined as the date on line one 351. (1) of this Purchase Agreement. MNC:PA-8 (8/20) Minnesota ■ Realtors 0% TRANSACTIONS W W TranwcrionDcifc tdilion Authentisign ID: EE124317-663E'4E33-9202-31C52A00AAA0 COMMERCIAL PURCHASE AGREEMENT 8th 2021352. Page 9 Date JuJ-y_ Dent MN 56528353. Prnpfirty Inr.atftri at 38034 County Hwy 35 354. OTHER: Contingent upon sale of home Chang)lin, MN. Acceptable survey and clear title provided by Seller per lender requirements. Earnest money — — _ returned to Buyer if thisobb. Request reservations books & contact information, service providers contact information. All 2021-22 Reservation payments shall be pro rated as of day of ownership transfer, occ Included in purchase is personal property list provided by Sellers in June 2021.Moy OOnn fliojumub uuuiumilUJ Uj ptattsavogjuu. y^Liuu 357. ADDENDA: Attached addenda are a part of this Purchase Agreement. 358. Q If checked, this Purchase Agreement is subject to 359. attached Addendum to Commercial Purchase 360. Agreement: Counteroffer. 361. FIRPTA: Seller represents and warrants, under penalty 362. ofperjury.thatSellerOlSlSlSNOT a foreign person (I.e., a -------(Check one.)....... 363. non-resident alien individual, foreign corporation, foreign 364. partnership, foreign trust, or foreign estate for purposes 365. of income taxation. (See//nes 292-370.)) This representation 366. and warranty shall survive the closing of the transaction 367. and the delivery of the deed. 368. SELLER 309 Pocahontas Resort,LLC (Busirjfi^lJljgi^^ndividual Name) PA is cancelled. BUYER Fred Blnczik (Business Entity or Individual Name) ■—AurtienliaG^ Siinc/zikBy:370. By:CDT Joy Barnick Fred Binczik371. (Buyer's Printed Name)(Seller's Printed Name) Its* Co-Owner 07/lS^?)21 Its:372. (Title) 07/08/2021373. (Date)(Date) BUYER374. SELLER Nicole Binczik375 Pocahontas Resort,LLC (Business Entity or Individual Name) (—Authentisrav (Business Entity or Individual Name) -- AvihentiSKS." JVicaie Siinad^376. By: ■ ___By: iBuyetS S^itiaioiB)DTPM CDT Nicole BinczikJoel Barnick377. (Buyer's Printed Name)(Seller's Printed Name) |-ts: Co-Owner 07/12^5'|^1 Its:378. (Title) 07/08/2021379. (Date)(Date) The Final Acceptance Date380. FINAL ACCEPTANCE DATE:____________________________________ 381. is the date on which the fully executed Purchase Agreement is delivered. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 382. 383. 384. THIS MINNESOTA ASSOCIATION OF REALTORS® COMMERCIAL PURCHASE AGREEMENT IS NOT 385. DESIGNED TO BE AND IS NOT WARRANTED TO BE INCLUSIVE OF ALL ISSUES SELLER AND BUYER 386. MAY WISH TO ADDRESS, AND EITHER PARTY MAY WISH TO MODIFY THIS PURCHASE AGREEMENT TO ADDRESS STATUTORY OR CONTRACTUAL MATTERS NOT CONTAINED IN THIS FORM. BOTH PARTIES ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY TO ENSURE THIS CONTRACT ADEQUATELY ADDRESSES THAT PARTY’S RIGHTS. 387. 388. 389.Minnesota Realtors®MNC:PA-9 (8/20) TRANSACTIONS jr!iJi:;'0'’tDdiir t'Jliior Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 WIRE FRAUD ALERT Internet fraud — the use of Internet services or software with Internet access to defraud victims — is on the rise in real estate transactions. THESE SOPHISTICATED CRIMINALS COULD: • HACK INTO YOUR E-MAIL ACCOUNT or the e-mail of others involved in your real estate transaction and may direct you to wire money to the hacker’s account. • SEND FRAUDULENT E-MAILS that appear to be from your real estate licensee, lender, or closing agent. • CALL YOU claiming they have revised wiring instructions. f I Buyers/Tenants and Sellers/Owners are advised to: (1) Never wire funds without confirming the wiring instructions directly with the intended recipient. (2) Verify that the contact information for the wire transfer recipient is legitimate by calling a known phone number for the broker or closing agent. Do not rely on the information given to you in an e-mail communication. (3) Never send personaUnformation through unsecured/unencrypted e-mail. If you suspect wire fraud in your transaction: (1) Immediately notify your bank, closing agent, and real estate licensee. (2) File a complaint online at the Internet Crime Complaint Center (ICS) at http://www.ic3.gov. The undersigned acknowledge receipt of this wire fraud alert and understand the importance of taking jDroactive measures to avoid being a victim of wire fraud in a real estate transaction. AuthentisGiT 7/12C021 8:11:38 PM CDT AuthentiaoN’ (—Authenfisof 07/12/2021 07/12/2021 ^ 7/12/2021 6:06:54 PM COT <—AuthentiaGW 07/08/2021^Hed iBinozik 07/08/2021 jYtcfl£c Siinozih (Date)7:36:02 PM CDTSig/fflte®) 7:37:57 PM CDT (Date) This form approved by the Minnesota Association of REALTORS®, which disciaims any liability arising out of use or misuse of this form. © 2018 Minnesota Association of REALTORS®, Edina, MN Minnesota Realtors® MN-WFA(8/18) n TRANSACTIONS Transactior^Of^fc fcdiiior' Authentisign ID: EE124317-863E-4E33-9202-31C52A00AAA0 ADDENDUM TO COMMERCIAL PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS®, which disclaims any liability arising out of use or misuse of this form. © 2020 Minnesota Association of REALTORS®, Edina, MN July 8th, 20211. Date 2. Page 1 July 8th 2021Addendum to Purchase Agreement between parties, dated (Date of this Purchase Agreement), pertaining to the purchase and saie of the Property at 3. 4. MN 5652838034 County Hwy 35 Dent5. In the event of a conflict between this Addendum and any other provision of the Purchase Agreement, the language in this Addendum shall govern. Seller to provide all presently used Pocahontas Resort, LLC booking infomation books information, deposits, received, booking calendar, all contacts, info for past clients etc. Service providers contact information. All 2021-22 Reservation payments shall be pro rated as of day of ownership transfer. 6. 7. 8. 9. 10. 11.Included in purchase is personal property list provided by Sellers in June 2021. 12. Opening/Closing/Cleaning and Repairs of resort have been done by family, detail as possible. Seller agrees to escrow $1,000. at closing with Lakeplace.com - Lakeshore and More Trust account to ensure Buyer that Seller's will walk through withbuyers on site April or May 2022 to go over protocol for opeming/closing the resort concerning: the water draining/ blowing lines/ winterizing instructions and Spring /Winter septic preparations instruction. Sellers will provide as much13. 14. 15. 16.List of RV Owners will be provided and as much instruction as desired by Buyers, including Selle's personal cell #'s for any follow up questions.17. Seller will provide Buyers with Summer pictures to use for resort promotion. Seller will provide buyers with access and administrative rights Pocahontas Resort, LLC website.18. SELLER BUYER19. Joy Barnick ^ Pocahontas Resort, LLC Fred Binczlk20. (Business Entiji^g^di^ual Name)(Business Entity or Individual Name) — AuthentiHGN-Jved SiinoziABy:21.By: (Sell^ 7/12/2021 6:06:56 PM CDT ^fi{ib21 7:38:00 PM CDT |.[g. co-owner (Title) 07/12/2021 Its:22. (Title) 07/08/202123. (Date) (Date) BUYERSELLER24. Joel Barnick - Pocahontas Resort, LLC Nicole Binczlk25. (Business Entity or Individual Name) — Auffwitisow (Business Entity or Individual Name) f—AuthentisiGiNr Aficate Siinozi/iBy; 8:1238 PM CDT By:26. eU!SfS421 7:37:21 PM CDT Its: Its:27. (Title) 07/12/2021 (Title) 07/08/2021 28. Pate)(Date) THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S). IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. 29. 30. MN-ACPA (8/20) Minnesota Realtors® TRANSACTIONS ff.iii5,i(li'>;iOsL tdUlon