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HomeMy WebLinkAbout6.k. Property Acquisition for Bacardi Water Tower, City Project #355CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: May 20, 2003 AGENDA ITEM: Property Acquisition for Bacardi Water Tower, City Project #355 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer] AGE ATTACHMENTS: Purchase Agreement, Map APPROVED BY: As Council is aware, City Staff has been working to negotiate the purchase of 6.06 acres of land from Mr. and Mrs. George Novacek for constructing a new water tower, future fire station and future water treatment plant. The proposed site is located north of Biscayne Pointe 4 th Addition, west of the proposed Minea property and south of County Road 38. The attached Purchase Agreement has been prepared by the City Attorney's office for Council consideration. The proposed purchase price is $333,680.00. Staff is recommending Council approval of this Purchase Agreement. RECOMMENDED ACTION: MOTION TO APPROVE THE PURCHASE AGREEMENT BETWEEN GEORGE A. NOVACEK AND JUDLY L. NOVACEK AND THE CITY OF ROSEMOUNT, AND AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 7 PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this day of , 2003 by and between GEORGE A. NOVACEK AND JUDY L. NOVACEK, husband and wife ( "Sellers ") and the CITY OF ROSEMOUNT, a Minnesota municipal corporation ( "Buyer "). 2. SUBJECT PROPERTY. Sellers are the owners of that certain real estate (the "Property") located in Rosemount, Dakota County, Minnesota and legally described as follows: The South 880 feet of the North 1452.00 feet of the East 300 feet of the Southwest '/4 of Section 21, Township 115, Range 19, Dakota County, Minnesota. 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Sellers agree to sell and hereby grant to Buyer the exclusive right to purchase the Property, together with all appurtenances, including, but not limited to, crops and plants. 4. ACCEPTANCE DEADLINE. This Purchase Agreement shall be presented to the Buyer's city council within 30 days of the date it is submitted to Buyer, fully executed by Sellers herein. If the Buyer's city council does not approve this Purchase Agreement, this Agreement shall be null and void and all Earnest Money shall be refunded to the Buyer. 5. CONTINGENCIES. A. Subdivision Approvals Buyer's obligation to buy is contingent upon Buyer's obtaining all required subdivision approvals. B. Gasline Easement Buyer's obligation to buy is contingent upon Buyer obtaining written consent from Northern Natural Gas Company, under terms satsifactory to Buyer, to Buyer's construction of parking and drive areas within Northern Natural Gas Company's easement. C. Deadline for Contingencies Buyer shall have until the date of closing to remove the foregoing contingencies. If the contingencies are satisfied or waived in a timely manner, then the Buyer and Sellers shall proceed to close the transaction as contemplated herein. If, however, a contingency is not satisfied, or is not satisfied on time, this Purchase Agreement shall thereupon be void, and Buyer and Sellers shall execute and deliver to each other the termination of this purchase agreement. As a contingent purchase agreement, the termination of this agreement is not required pursuant to Minnesota Statutes, Section 559.21, et seq. 6. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real estate included in this sale is Three Hundred Thirty Three Thousand Six Hundred Eighty Dollars ($333,680.00). NKE- 2304350 1 RS220 -134 R B. TERMS: (1) PURCHASE PRICE DUE AT CLOSING. Buyer agrees to pay the Purchase Price by check on the Closing Date, less any adjustments as provided by this Purchase Agreement. (2) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Sellers agree to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Utility and drainage easements that do not interfere with Buyer's intended use of the Property. d. Pipe Line Easement granted to Minnesota Northern Natural Gas Company (Now Northern Natural Gas Company) recorded in Book 193 of Deeds on page 370. The pipeline to be located not over 100 feet West of the East line but the width of the easement is not defined. (3) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 6B(2) above, Sellers shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Stipulation of dismissal of condemnation action docketed in Dakota County District Court as Case No. C7 -03 -6292, including provision that each party bear its own costs and expenses in that action. C. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. The Property is part of a larger parcel, tax parcel no. 34- 02110 - 013 -50. Buyer and Sellers agree that 32% of the real estate taxes for the entire tax parcel is attributable to the Property ( "Adjusted Taxes "). Provided that this transaction shall close as hereinafter provided, Buyer agrees to pay taxes for the year following the year of Closing and all taxes for years thereafter and to prorate the Adjusted Taxes due and payable in 2003 as of the date of closing. Sellers shall pay, at or prior to closing, the NKE- 2304350 2 RS220 -134 balance of 2003 real estate taxes on the remainder of tax parcel no. 34- 02110 -013- 50 and all real estate taxes due and payable on that tax parcel prior to 2003. Sellers shall pay any deferred real estate taxes, payment of which becomes due as the result of the transaction contemplated by this agreement. B. Sellers shall pay at or prior to closing the unpaid balance of all special assessments pending or levied. C. Buyer shall assume all special assessments against the Property that become pending after the date of this Purchase Agreement. For purposes of this agreement, an assessment becomes pending when the assessing authority orders the project after the completion of an improvement hearing pursuant to Minn. Stat. Ch. 429. 8. MARKETABILITY OF TITLE. The Sellers, within a reasonable time after acceptance of this agreement, shall furnish Buyer with an abstract of title or registered property abstract of title to the Property, certified to a current date and including proper searches covering bankruptcies, judgments, tax liens and special assessments. Buyer shall have ten (10) business days after receipt of the abstract to examine the same and to deliver written objections to title, if any, to Sellers. Sellers shall have twenty (20) days after receipt of written objections to cure title defects, at the Seller's cost. In the event that title to the Property cannot be made marketable by the Sellers by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. The Abstract shall be returned to Seller at or before Closing. 9. CLOSING DATE. The closing of the sale of the Property shall take place on a date to be mutually agreed upon by the Seller and Buyer, but no later than June 30, 2003. The closing shall take place at the offices of Kennedy & Graven, 470 Pillsbury Center, Minneapolis, or such other location as mutually agreed upon by the parties. 10. CLOSING COSTS AND RELATED ITEMS. The Sellers will be responsible for payment of the recording fees of instruments required to establish marketable title in Seller prior to the recording of the Warranty Deed to Buyer. Unless otherwise provided herein, the Buyer shall be responsible for the payment of all closing costs and fees, including but not limited to state deed tax, conservation fees, title insurance, etc., except that each party shall be responsible for its own attorneys fees and costs. 11. SUBDIVISION. The Property is a portion of a larger parcel, and the conveyance contemplated by this Agreement will require approval of the City of Rosemount as the local subdivision authority. The Buyer agrees to pay all of the costs associated with obtaining the necessary government approvals. 12. POSSESSION /CONDITION OF PROPERTY. The Sellers shall deliver possession of the Property to Buyer on the Closing Date, in the same condition as the Property existed on the date of this Purchase Agreement. 13. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer NKE- 2304350 RS220 -134 3 may rescind this Purchase Agreement by notice to Sellers within twenty -one (21) days after Sellers notify Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 14. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Sellers discloses that there is not an individual sewage treatment system on or serving the Property. 15. CONDITION OF SUBSOIL AND GROUND WATER. Sellers hereby warrant to Buyer that during the time the Sellers have owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Sellers agree to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. 16. WELL DISCLOSURE. Sellers certify that the Sellers do not know of any wells on the Property. 17. SELLER'S WARRANTIES Sellers warrant that there have been no labor or material furnished to the property for which payment has not been made. Sellers warrant that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. 18. NO RELOCATION BENEFITS. Sellers acknowledge that the Property is vacant and unoccupied, and that the acquisition contemplated by this transaction will not cause Sellers to be displaced. The Sellers acknowledge that they are not entitled to relocation benefits pursuant to Minnesota Statutes, Section 117.052 et seq. 19. BROKER COMMISSIONS. The Sellers and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated or to whom either has agreed to pay a broker commission. Buyer agrees to indemnify Sellers for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Sellers agree to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Sellers. 20. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 21. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or NKE- 2304350 4 RS220 -134 contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 22. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Sellers. 23. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: George A. Novacek and Judy L. Novacek 2038 -135 Street West Rosemount, MN 55068 with a copy to: Reid Hansen Attorney at Law 14450 South Robert Trail Rosemount, MN 55068 651- 423 -1155 b. If to Buyer: City of Rosemount ATTN: Andrew Brotzler 2875 W. 145`" St. Rosemount, MN 55068 with a copy to: Corrine H. Thomson, Esq. Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 612-337-9217' 24. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 25. COUNTERPARTS. This Purchase Agreement may be executed in any number of counterparts, each of which shall constitute on and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. NKE- 2304350 S RS220 -134 SELLER George A. Novacek Judy L. Novacek BUYER CITY OF ROSEMOUNT By: Its Mayor By: Its City Clerk NK - 230435v3 6 RS220 -134 viosauuiW `junouzaso-d IIQIuX3 jagwnN waled gs� zzras rvw''W•wwn Z00Z'OZ Mtttt+aN WW+aa WE 'W �d 4a �a 14H wWwala �alO aSlY zooz'szaas.area uo-lsElO'aNaabwesM 3.LiS 2I3MO.L 2I3,LVM Q3SOd02Id 1861 'i I Al of O11.tlO'ZZ98Z9 'ON'000 N3d 1 1N3W3Stl3 3N1'13d Id SVO S W VIIIIM ,06 0NUSIX3 1 co NOIIVDO'I DKINOEI Q8SOdOMd "IId2IS VNVW9NN0O ,ZSF I H.LHON 3131:10 3N1. IUMS a i 3NIl 3dld SVO - ---.' — — I - 'SS61'9ZJ DOVO3.I.VO 6S9 l9Vd SOaO03N SOONV'1'li1JSIW N97I0060STV (INtl'NE61'IZAM O3d.VO'00539Vd 1 ! SON003N SOONV I'IPXIW :10 NN A0013 a3d.Wl I%VI Sg'dOVb6'£ 35000`ILI I �0 1 3N1lSVOi3 `INVIGV01IDWRnSSTMDdVJ9XIIN3 f 3 1 oN VT V DNINIVWUH a .../ i 4Y'. ! alv�wa0l S3NOV 90 9 JS 000`49Z I �' 1 Au- j""�'61a�a's11a9�atli a�a•sm au�Dl+a•masAlp r I 11aH 1-3 -111^1 J00'00(- 3 MJ00'L YI IIUON aPJaIJ 011088 NaaS'�lL 1 ;1 a�2IIf1 V 3g ()1 V32IV iNfI0W3SOa30 AID 3H1 1 A9 03Nlf)OV 30 01 A11134011A W d0 NOUa&IS30 IV93103SOd(INa SMUV 00'01 3S 009`S£b -- 13116 a3mo1 a31Vm Q350d(1aa) 0EE'aN!.'Broad Ana VflNV IVLOL i PURCHASE AGREEMENT ]F P) 1. PARTIES. This Purchase Agreement is made this day of , 2003 by and between GEORGE A. NOVACEK and JUDY L. NOVACEK, husband and wife ( "Sellers ") and the CITY OF ROSEMOUNT, a Minnesota municipal corporation ( "Buyer "). 2. SUBJECT PROPERTY. Sellers are the owners of that certain real estate (the "Property") located in Rosemount, Dakota County, Minnesota and legally described as follows: The South 880 feet of the North 1452.00 feet of the East 300 feet of the Southwest '/4 of Section 21, Township 115, Range 19, Dakota County, Minnesota. 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Sellers agree to sell and hereby grant to Buyer the exclusive right to purchase the Property, together with all appurtenances, including, but not limited to, crops and plants. 4. ACCEPTANCE DEADLINE. This Purchase Agreement shall be presented to the Buyer's city council within 30 days of the date it is submitted to Buyer, fully executed by Sellers herein. If the Buyer's city council does not approve this Purchase Agreement, this Agreement shall be null and void and all Earnest Money shall be refunded to the Buyer. 5. CONTINGENCIES. A. Subdivision Approvals Buyer's obligation to buy is contingent upon Buyer's obtaining all required subdivision approvals. B. Gasline Easement Buyer's obligation to buy is contingent upon Buyer obtaining written consent from Northern Natural Gas Company, under terms satisfactory to Buyer, to Buyer's construction of parking and drive areas within Northern Natural Gas Company's easement. C. Deadline for Contingencies Buyer shall have until the date of closing to remove the foregoing contingencies. If the contingencies are satisfied or waived in a timely manner, then the Buyer and Sellers shall proceed to close the transaction as contemplated herein. If, however, a contingency is not satisfied, or is not satisfied on time, this Purchase Agreement shall thereupon be void, and Buyer and Sellers shall execute and deliver to each other the termination of this purchase agreement. As a contingent purchase agreement, the termination of this agreement is not required pursuant to Minnesota Statutes, Section 559.21, et seq. 6. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real estate included in this sale is Three Hundred Thirty Three Thousand Six Hundred Eighty Dollars ($333,680.00). NKE- 230435v4 RS220 -134 I B. TERMS: (1) EARNEST MONEY. Seller acknowledges receipt of $1.00 as Earnest Money from Buyer. (2) BALANCE DUE AT CLOSING. Buyer agrees to pay the balance of the Purchase Price by check on the Closing Date, less any adjustments as provided by this Purchase Agreement. (3) DEED /MARKETABLE TITLE. Subject to performance by Buyer, Sellers agree to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Utility and drainage easements that do not interfere with Buyer's intended use of the Property. d. Pipe Line Easement granted to Minnesota Northern Natural Gas Company (Now Northern Natural Gas Company) recorded in Book 193 of Deeds on page 370. The pipeline to be located not over 100 feet West of the East line but the width of the easement is not defined. (3) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 6B(2) above, Sellers shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Stipulation of dismissal of condemnation action docketed in Dakota County District Court as Case No. C7 -03 -6292, including provision that each party bear its own costs and expenses in that action. C. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. The Property is part of a larger parcel, tax parcel no. 34- 02110 - 013 -50. Buyer and Sellers agree that 32% of the real estate taxes for the entire tax parcel is attributable to the Property ( "Adjusted Taxes "). Provided that this transaction shall close as NKE- 230435v4 2 RS220 -134 hereinafter provided, Buyer agrees to pay taxes for the year following the year of Closing and all taxes for years thereafter and to prorate the Adjusted Taxes due and payable in 2003 as of the date of closing. Sellers shall pay, at or prior to closing, the balance of 2003 real estate taxes on the remainder of tax parcel no. 34- 02110 -013- 50 and all real estate taxes due and payable on that tax parcel prior to 2003. Sellers shall pay any deferred real estate taxes, payment of which becomes due as the result of the transaction contemplated by this agreement. B. Sellers shall pay at or prior to closing the unpaid balance of all levied special assessments. Buyer represents that there are no pending assessments against the Property as of the date of this Agreement. C. Buyer shall assume all special assessments against the Property that become pending after the date of this Purchase Agreement. For purposes of this agreement, an assessment becomes pending when the assessing authority orders the project after the completion of an improvement hearing pursuant to Minn. Stat. Ch. 429. 8. MARKETABILITY OF TITLE. The Sellers, within a reasonable time after acceptance of this agreement, shall furnish Buyer with an abstract of title or registered property abstract of title to the Property for review by Buyer's title insurance company. Buyer shall have ten (10) business days after receipt of a title commitment based upon the abstract to examine the same and to deliver written objections to title, if any, to Sellers. Sellers shall have twenty (20) days after receipt of written objections to cure title defects, at the Seller's cost. In the event that title to the Property cannot be made marketable by the Sellers by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. The Abstract shall be returned to Seller at or before Closing. 9. CLOSING DATE. The closing of the sale of the Property shall take place on a date to be mutually agreed upon by the Seller and Buyer, but no later than June 30, 2003. The closing shall take place at the offices of Kennedy & Graven, 470 Pillsbury Center, Minneapolis, or such other location as mutually agreed upon by the parties. 10. CLOSING COSTS AND RELATED ITEMS. The Sellers will be responsible for payment of the recording fees of instruments required to establish marketable title in Seller prior to the recording of the Warranty Deed to Buyer. Unless otherwise provided herein, the Buyer shall be responsible for the payment of all closing costs and fees, including but not limited to state deed tax, conservation fees, title insurance, etc., except that each party shall be responsible for its own attorneys fees and costs. 11. SUBDIVISION. The Property is a portion of a larger parcel, and the conveyance contemplated by this Agreement will require approval of the City of Rosemount as the local subdivision authority. The Buyer agrees to pay all of the costs associated with obtaining the necessary government approvals. 12. POSSESSION /CONDITION OF PROPERTY. The Sellers shall deliver possession of the Property to Buyer on the Closing Date, in the same condition as the Property existed on the date NKE- 230435v4 3 RS220 -134 of this Purchase Agreement. 13. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Sellers within twenty -one (21) days after Sellers notify Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 14. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Sellers discloses that there is not an individual sewage treatment system on or serving the Property. 15. CONDITION OF SUBSOIL AND GROUND WATER. Sellers hereby warrant to Buyer that during the time the Sellers have owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. This warranty shall survive for a period of two years following the date of Closing. 16. WELL DISCLOSURE. Sellers certify that the Sellers do not know of any wells on the Property. 17. SELLER'S WARRANTIES Sellers warrant that there have been no labor or material furnished to the property for which payment has not been made. Sellers warrant that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. 18. PENDING CONDEMNATION. The Property is the subject of a pending condemnation action instituted by Buyer. The parties agree to execute a stipulation of dismissal of the pending condemnation action at closing, with each party to bear its own costs and expenses in the action. 19. NO RELOCATION BENEFITS. Sellers acknowledge that the Property is vacant and unoccupied, and that the acquisition contemplated by this transaction will not cause Sellers to be displaced. The Sellers acknowledge that they are not entitled to relocation benefits pursuant to Minnesota Statutes, Section 117.052 et seq. 20. BROKER COMMISSIONS. The Sellers and Buyer represent and warrant to each other that there is no broker involved in this transaction with whom either has negotiated or to whom either has agreed to pay a broker commission. Buyer agrees to indemnify Sellers for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Sellers agree to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Sellers. 21. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. NKE- 230435v4 4 RS220 -134 22. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 23. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Sellers. 24. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: George A. Novacek and Judy L. Novacek 2038 —135 Street West Rosemount, MN 55068 with a copy to: Reid Hansen Attorney at Law 14450 South Robert Trail Rosemount, MN 55068 651- 423 -1155 b. If to Buyer: City of Rosemount ATTN: Andrew Brotzler 2875 W. 145 St. Rosemount, MN 55068 with a copy to: Corrine H. Thomson, Esq. Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 612- 337 -9217 25. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 26. COUNTERPARTS. This Purchase Agreement may be executed in any number of counterparts, each of which shall constitute on and the same instrument. IN WITNESS WHEREOF, the parties have executed this agreement as of the above date. NKE- 230435v4 5 RS220 -134 SELLER George A. Novacek Judy L. Novacek BUYER CITY OF ROSEMOUNT By: Its Mayor By: Its City Clerk NKE- 230435v4 RS220 -134