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Contract for Deed Amendment1/1 PIN �5 L No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) Filed Q� Not Required CRV # J� 2Q_a— Laurie Da s Carver C unty Auditor -Treasurer By Deputy Document No. A649303 OFFICE OF THE COUNTY RECORDER CARVER COUNTY, MINNESOTA Recorded on -July 28, 2017 2:57 PM Fee: $46.00 (Reserved for Recording Data) AMENDMENT OF CONTRACT FOR DEED David Frischmon County Recorder THIS AMENDMENT OF CONTRACT FOR DEED (the "Amendment") is made and entered into as of the day of June, 2017 by and between CITY OF CHANHASSEN, a Minnesota municipal corporation, Seller, and ROADRUNNER TRUCK REPAIR INC., a Minnesota corporation, Purchaser. RECITALS: WHEREAS, the Purchaser and the Seller are parties to a Contract for Deed dated June 27, 2012 covering real property legally described on Exhibit A attached hereto and made a part hereof, which Contract for Deed was recorded in the Office of the County Recorder, Carver County, Minnesota on September 28, 2012, as Document No.A562953; and WHEREAS, Seller has requested an extension of time for the full payment of the Purchase Price under the Contract for Deed to complete the process of remediation through the MPCA and to avoid a default in the Contract for Deed; and WHEREAS, the Property has environmental issues that must be addressed before the Property can be fully developed. Because the City owned the Property for approximately 30 years prior to sale, it desires to provided limited assistance in the costs of remediation of the environmental issues; and WHEREAS, the Seller is agreeable to amending the terms, covenants and conditions of the Contract as requested by the Purchaser solely according to the terms, covenants and conditions of this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, it is agreed by the parties hereto as follows: 1. Amendment of Paragraph 6 of the Contract for Deed. Paragraph 4(b) of the Contract for Deed is amended to read as follows: 193133v1 (b) BALANCE OF PURCHASE PRICE. The remaining balance of the Purchase Price shall be paid in equal monthly installments, which payments include principal and interest accruing on the Purchase Price at the Interest Rate (which amount represents monthly payments of the Purchase Price accruing interest at the Interest Rate and amortized over a period thirty (30) years) commencing on the Contract Date and continuing the same day of each month thereafter for 64 months, at which time the entire unpaid balance of the principal and accrued interest shall be due and payable in full, all as set forth on the payment scheduled attached as Exhibit B hereto and made a part hereof. Payments shall be credited first to interest and the remainder to principal. Interest shall accrue at the Interest Rate from the Contract Date. The last payment shall be a balloon payment. 2. Amendment of Paragraph 22 of the Contract for Deed. Paragraph 22 of the Contract for Deed is amended to read as follows: 22. ENVIRONMENTAL. (a) Purchaser shall not bring, store, generate, or treat hazardous wastes or substances or petroleum products upon the Property, except for small quantities which are stored and used in compliance with applicable law. Purchaser hereby agrees to indemnify, defend and hold Seller harmless from any and all claims, demands, actions, causes of action, and liabilities. (b) Upon payment of the balloon payment provided under Paragraph 4, Seller will pay to Purchaser up to $19,000.00 towards remediation of the environmental issues located on the Property reviewed by the MPCA upon receipt by Seller of payment of claims by Purchaser for such remediation. 3. Amendment of Exhibit B of the Contract for Deed. Exhibit B of the Contract for Deed is amended as attached to this Amendment. 4. Terms of Contract. The Contract is hereby amended and modified to the extent necessary to be consistent with the provisions of this Amendment. To the extent that this Amendment conflicts with the Contract, the provisions of this Amendment shall prevail. To the extent not otherwise modified or amended by this Amendment, all of the other terms, covenants and conditions of the Contract shall remain in full force and effect. (Remainder ofpage intentionally left blank. Signature pages to, follow) 193133v1 2 • 16 SELLER: CITY OF CHANHASSEN Denny La6fenb rg6rr, /Mayor AND Gerhardt, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) 47 The foregoing instrument was acknowledged before me this day of 2017, by Denny Laufenburger and by Todd Gerhardt, respectively the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. , Not ry Public I#KIM T. MEUWISSEN AAAAAW�� otary Public -Minnesota y pgnn*Ww Expires Jan 31, 2020 193133v1 PURCHASER: ROADRUNNER TRUCK REPAIR, INC. ITS: President STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2017, by �t&6rr, the President of Roadrunner Truck Repair, Inc., a Minnesota corporation, on behalf of the corporation. AMY JENNIFER HOLST Notary Public -Minnesota My Comn*don Expires Jan 31, 2021 Notary lic TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Roadrunner Truck Repair Inc. 1591 Park Road Chanhassen, M 55317-9594 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651-452-5000 [AMP] 193133v1 4 EXHIBIT A Legal Description of Property Lots 10 and 11, Block 5, CHANHASSEN LAKES BUSINESS PARK, Carver County, Minnesota, according to the recorded plat thereof. 193133vl EXHIBIT B Schedule of Payments Tool WOW price 1,475,000 MarYyCl) PaY>M+r1 7.7570 Down payment 102.000 Down psygnm _ Comw fbr Deed pw"t Balreea pdwpikl Add. PriNiOW ckdimk8 Au8-12 30,00OAD 72,000.00 6,020.113 1: J30QA0 1,439363.76 Moak 1 Mo %2 Au p-12 W12 40M.O0 4.00000 6E.000J10 64,OODAO 1,736.24 1,76D.14 5,996.93 1,433X3,62 0*12 4JJ00.00 60,OOO" 1,764.14 5,9n.93 Nov-12 4,0000D 56,OD0,00 1,008.24 1,421,7191.43 24 Doa12 40000D 52.000AO 1.8324/ 5-92463 $,900.33 1,416J77E.E0 1,412,541.64 Jim -is Ftb-13 IA77.42 1,677.42 50322.5E 48,64515 1,856.74 1,97147 5,E83.60 1.408.993.75 MV-13 14677.42 46,967 74 1,E86.25 5,870.12 1,4051432.01 Apr-13 I A77.42 45.290 32 1.901.10 305.97 1401,253.56 M 1r67742 43,612.90 1,916.01 5,141.06 139836013 ,-13 Jar-13 1,677.42 41,935.4E 1,930." 5.926.01 1,394,631.72 Jr1.13 IA77.42 40AIL06 1,946.02 5.E11.05 1391,0281E Yew 2 Aug. 13 1,677.42 38.580.64 1.961 12 5,79595 $,780.79 1389,389.74 1.3113.736.04 Srp-13 Ool-13 1.677.42 1,677.42 36.903.22 35325 80 1,97628 1,991.50 5,763.57 1.310 067.12 Now13 1,677.42 33,54E-38 2.006,79 5,7502E 1374,392.91 Dro-13 1,67742 3187096 2.02214 2037.36 5,734.93 5,719,51 1373A$3.35 136E-9dE77 Jao-14 M-14 1,677.42 1,67742 3D,19331 2E,516.12 2.053.04 X7-91 Mw-14 1A77A2 26A31.70 2•0"59 S,6EE,49 5,672.8E 1,36 91 1.361,49111 Apr-14 May-14 1.6.77,42 1.677 42 25,161,1E 23.49396 2.084.19 2.099.36 5,657.21 1.357,73" Jw1-14 1.677.42 21,806.44 $115,60 SA A7 5,641A7 SA25.80 1 j5D,160,00 1346351.1E Yor3 Jol•14 Aut14 1.677A2 1,677A2 20,129.02 19.45160 2,131.40 2.347X SAW.86 1,34252649 Scp44 1.677.42 16.774,18 2.163.21 5,593A6 1.33E,6E5.49 66 1.334.E29.23 Op•14 IA77.42 1.677.42 15p% 76 13,41.934 1,17911 2.195.28 5,$61.79 1330,956.53 Now14 _ Dro-l4 1.677.42 11741 92 2 311 42 5543 5529,45 1.327 p67.69 1323,t6265 11.15 1,677A2 10,064SD 2,227.62 2.243.E9 5,513.1E 1.319,24134 Feb-15 Mar-15 1.677.42 1.677.42 8,3870E 6.709.66 2,Y60.23 5,4%,84 1.30,303.69 Apr-13 1.677 42 5,032 24 2,2 54 S,4E0.43 5,46396 1,311,349.63 007.379.10 wy-15 ANN-15 1.677.42 1.677.42 3,354.82 IA77.40 2,293.11 2,309.66 3.447.41 1,303,392.02 Jrl-13 1-677.40 0.00 2326.27 5,430,1D 5,414.12 1.299,3u35 1.297,045.40 Year 4 AuE 1 S 2.342.95 23527E IA77.32 5,40436 1293,DIS.37 Sep•15 2,36931 167732 5387.56 1,28E.M6E.54 Oct -IS Now $ $ 2386.37 1 Ar.32 5.370.70 13E4,901:85 Dee 15 2.40330 5,333 .77 1 SO1.SS ]ro 16 2,413.31 5343.76 1,2EOCEE.24 Feb-16 2,423 37 - 5333.70 13T7,664 E7 Mar-16 2,433.47 - 5.WAO 1,27$.23140 Apr-16 2.443.01 5.313A6 1.272,787.79 MW-16 2,45..7 79 5X328 1.270,334.0D Arl-16 2,46401 5.293.06 S3M." 1267,E69.99 1,265.395.71 Jrl-16 2,47428 2,4E4.39 - 5.272.41 1,242911.12 Yew AzV16 �494,94 5,26213 1,260.416.1E Sep-16 2.SOS.34 5.251.73 1.237,910.34 OA•16 2SIS.77 5.241,30 1.253,395.07 lbv 16 Deb•16 2 26 S O.EI 1 E.EI 2336167E 5.22019 1 230332,03 tan 1T 2,547.3$ 5.209.72 1.247.784,6E Feb•17 2.537.97 5,199.10 1".226.71 My-17 2 5U.63 S,18E 44 1,242.6SE.08 Apr•17 1j7933 5.177.74 1,2 0.07E,73 Mly-17 2390J1E - 5,166.99 1337,4EE,67 Juo-17 2 600 87 5.15620 1334A$7.10 Ju1.17 1.61170 5,145.37 1.2,72,276.10 �.� . 5,134.4E 1329JiS3 51 SOE.17 ep`17 2,63331 5,123.56 1327A20.00 Oe1.17 10/27117 - 1,227A20.00 193133vl