Loading...
HomeMy WebLinkAbout6.r. Addendum to Purchase Agreement-14145 Akron Avenue, County Road 73 Improvements, City Project #399AGENDA ITEM: Addendum to Purchase Agreement- 14145 Akron Avenue, County Road 73 Improvements, City Project #399 t. CGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. ATTACHMENTS: Addendum APPROVED BY: DO RECOMMENDED ACTION: Motion to Approve an Addendum to the Purchase Agreement for 14145 Akron Avenue, and Authorize the Necessary Signatures. 4 ROSEMOUNT Special City Council Meeting: December 16, 2008 ISSUE: Consider an addendum to the Purchase Agreement for 14145 Akron Avenue associated with planned improvements for Akron Avenue (County Road 73). BACKGROUND: CITY COUNCIL EXECUTIVE SUMMARY On October 21, 2008 the City Council entered into a purchase agreement with Gary Adelmann of 14145 Akron Avenue. After the purchase agreement was signed, Mr. Adelmann inquired about taking out the furnace, water heater (gas), copper water pipes and egress windows. The attached addendum addresses issues related to those items. Based on staff review of the structure and anticipation that the house may be able to be relocated, staff supports the removal of the furnace, water heater and egress windows only; items that a cost would be incurred for to remove later. This addendum allows for the taking of the furnace, water heater, two basement egress windows and the installation of plywood in place of the two basement windows. Attached for Council consideration is an addendum to the approved purchase agreement with Gary Adelmann for the purchase of 14145 Akron Avenue that has been prepared by the City attorney's office. SUMMARY: Staff recommends Council authorize the addendum to the purchase agreement with Gary Adelmann of 14145 Akron Avenue for the County Road 73 Improvements, City Project #399. G: \ENGPROJ\ 399\ AddendumPurchase Agreement14145AkronCC 12- 16- 08.doc ADDENDUM TO PURCHASE AGREEMENT This Addendum to Purchase Agreement is made this day of 2008, by and between Gary D. Adelmann, a single person "Seller and the CITY OF ROSEMOUNT, a Minnesota municipal corporation "Buyer Whereas, the parties have entered into a Purchase Agreement dated October 16, 2008 and acknowledging mutual consideration, agree to amend said Agreement as follows: Paragraph 11 (c) is amended to read as follows: 11. POSSESSION /CONDITION OF PROPERTY/ESCROW. (c) Condition of Property /Personal Property. Seller shall deliver possession of the Property to Buyer on the Date of Possession in the same condition as the Property existed on the date of this Purchase Agreement, except as provided in this paragraph. Seller may salvage and remove from the Property prior to the Date of Possession the following fixtures: furnace; gas water heater; and two (2) basement egress windows. Seller agrees to exercise due care in the removal of the fixtures, to pay all costs of properly disconnecting the fixtures, to cause no unnecessary damage to the Property and to install plywood security in basement window openings. The Seller agrees to remove all debris and all personal property not included herein from the Property before the Date of Possession. Any fixtures or personal property remaining on the Property after the Date of Possession shall be deemed abandoned, and Buyer may dispose of the same. Seller remains responsible for the cost of disposing of abandoned personal property. IN WITNESS WHEREOF, the parties have executed this agreement as of the above date. By: By: SELLER Gary D. Adelmann BUYER CITY OF ROSEMOUNT Its Mayor Its City Clerk 342846v2 CBR RS220 -290 G:\ENGPROJ\399\DOCSOPEN- #342846 -v2- REVISED Addendum_to_ Purchase_ Agreement _Adelmann_RS220- 290.DOC A -1