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HomeMy WebLinkAbout21-174CITY OF LAKEVILLE RESOLUTION NO. 21-174 RESOLUTION APPROVING AMENDMENT OF PURCHASE AGREEMENT WHEREAS, the City entered into a Purchase Agreement with RDJ Properties, LLC, ("Seller") dated October 18, 2021, for acquisition of property located at 8860 Upper 208th Street West, Lakeville, MN 55044 ("Purchase Agreement"); WHEREAS, the parties desire to amend the Purchase Agreement to extend the time period for closing to all the City sufficient time to conduct additional inspections of the Property as provided in the attached Exhibit "A" ("Amendment"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the Amendment is hereby approved. ADOPTED this 6th day of December 2021 by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE �•Anderson,Mayor ATTEST: Charlene Friedges, City Clerk 219399v1 AMENDMENT TO PURCHASE AGREEMENT THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment') is dated as of '2021, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("Purchaser") whose address is 20195 Holyoke Avenue, Lakeville, MN 55044, and RDJ PROPERTIES, LLC ("Seller"), a Minnesota limited liability company, whose address is 8860 Upper 208'h St. West, Lakeville, MN, 55044. RECITALS WHEREAS, Seller and Purchaser entered into a Purchase Agreement dated October 18, 2021 ("Purchase Agreement') for the conveyance of the Property as legally described within the Purchase Agreement. WHEREAS, the parties desire to amend the Purchase Agreement to extend the date of closing to provide additional time for City review of the Property. NOW, THEREFORE, in consideration of the covenants and undertakings contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows: 1. INCORPORATED. The above Recitals are hereby incorporated as a material part of this Amendment with the same force and effect as if restated in full in this Paragraph. 2. AMENDMENT TO PARAGRAPH 12. Paragraph 12 of the Purchase Agreement is hereby amended to read as follows: 12. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this Agreement shall occur at a location designated by Purchaser, and shall occur on or before February 28, 2022 ("Closing Date"). At Closing, Seller and Purchaser shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 3. FULL FORCE AND EFFECT. Except as provided herein, all terms and provisions of the Purchase Agreement shall remain in full force and effect. (the remainder of this page intentionally left blank) (signature pages to follow) B-1 219397v1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above, in multiple counterparts, each of which shall be deemed an original and all of which shall evidence but one agreement. PURCHASER: CITY OF LAKEVILLE �0 Charlene Friedges, City SELLER: RDJ PROPERTIES, LLC By: IkichaW. Krentz, Chi anager/President B-2 219397v1