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
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