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HomeMy WebLinkAbout6.j. Addendum to Purchase Agreement - 14125 Akron Avenue - County Road 73 Improvements, City Project #399AGENDA ITEM: Addendum to Purchase Agreement- 14125 Akron Avenue, County Road 73 Improvements, City Project #399 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. t0 J ATTACHMENTS: Addendum APPROVED BY: RECOMMENDED ACTION: Motion to Approve an Addendum to the Purchase Agreement for 14125 Akron Avenue, and Authorize the Necessary Signatures. 4 ROSEMOUNT ISSUE: CITY COUNCIL City Council Meeting: October 21, 2008 EXECUTIVE SUMMARY Consider an addendum the agreement to purchase of property at 14125 Akron Avenue associated with planned improvements for Akron Avenue (County Road 73). BACKGROUND: On August 4, 2008 the City Council entered into a purchase agreement with Thomas F. Van Horn of 14125 Akron Avenue. As a separate action, the City Council will be considering the execution of a lease agreement to continue renting the property to the current tenants. The attached addendum addresses issues related to the proposed lease agreement between the City and the current renters of the property. In addition to the pro rating of rent based on the date of closing per the purchase agreement, the ownership of appliances, proof of payment in full to utilities, and the transfer of security deposit funds are all specifically addressed in the addendum. Attached for Council consideration is an addendum to the approved purchase agreement with Thomas F. VanHorn for the purchase of 14125 Akron Avenue that has been prepared by the City attorney's office. SUMMARY: Staff recommends Council authorize the addendum to purchase agreement with Thomas F. VanHorn of 14125 Akron Avenue for the County Road 73 Improvements, City Project #399. G:\ENGPROJ 399\ AddendumPurchaseAgreement14125AkronCC 10- 2I- 08.doc ADDENDUM TO PURCHASE AGREEMENT This Addendum to Purchase Agreement is made this day of 2008, by and between Thomas VanHorn, a single person "Seller and the CITY OF ROSEMOUNT, a Minnesota municipal corporation ("Buyer"). Whereas, the parties have entered into a Purchase Agreement dated August 4, 2008 and acknowledging mutual consideration, agree to amend said Agreement as follows: Paragraph 6 is amended to read as follows: 6. DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 6B (2) above, Seller shall deliver to Buyer: A. Standard form Affidavit of Seller. B. Evidence satisfactory to Buyer all utilities for services to the Property have been paid. C. A copy of the Bill of Sale, in favor of Danny D. Belden and Ica M. Belden, for the following personal property: washer, dryer, refrigerator, stove and dehumidifier. D. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. Paragraph 11 is amended to read as follows: 11. POSSESSION /CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer at Closing in the same condition as the Property existed on the date of this Purchase Agreement. The Property is now occupied by Danny D. Belden and Ica M. Belden under a house lease dated June 22, 2007. The parties agree that Seller will terminate Seller's lease with the Beldens, and Buyer will enter into a new lease with the Beldens, both effective as of the date of closing. Seller has agreed to sell the following appliances directly to the Beldens: washer, dryer, refrigerator, stove and dehumidifer, and Buyer has no responsibility to provide appliances for the Property. Seller agrees to transfer the Security Deposit and interest accrued thereon to Buyer at Closing. Buyer agrees to pay the accrued interest to the Beldens and retain the Security Deposit as security for the Buyer's new lease with the Beldens. Rent shall be pro -rated between the parties to the date of closing. IN WITNESS WHEREOF, the parties have executed this agreement as of the above date. 340646v2 CBR RS220 -284 A -1 SELLER Thomas Van Horn 340646v2 CBR RS220 -284 By: By: A -2 BUYER CITY OF ROSEMOUNT Its Mayor Its City Clerk terminate this Lease and evict Tenant for any other violation of this Lease. If contraband or a controlled substance manufactured, distributed, or acquired in violation of Minnesota law is seized in the House or on the property on which the House is located incident to a lawful search or arrest, and if Tenant has no defense under Minn. Stat 609.5317, Tenant shall have no further right to possession of the House, and Landlord may bring an eviction action against Tenant. 17. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any heirs, legal representatives and assigns of Tenant or Landlord. LANDLORD: City of Rosemount TENANT: By Its Mayor By Its City Administrator Date: 2008. 338762v2 CAH RS220-284 4 r 2008.