Amendment to Vacant Land Purchase Agreement 08-20-2014AMENDMENT TO VACANT LAND
PURCHASE AGREEMENT
THIS AGREEMENT is dated as of A ZO , 2014, between CITY OF
CHANHASSEN, a Minnesota municipal corpora 'on ( "Seller "), and CENTER COMPANIES,
LLC, a Minnesota limited liability company, ('Buyer ").
RECITALS
WHEREAS, Seller and Buyer entered into a purchase agreement dated June 12a, 2013
( "Purchase Agreement ") for the conveyance of real property located in the City of Chanhassen,
Carver County, Minnesota legally described on attached Exhibit "A" ( "Property");
WHEREAS, the parties desire to extend the date for closing on the Purchase Agreement;
WHEREAS, the parties desire to change the title company and escrow agent;
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 9. Paragraph 9 of the Purchase Agreement is amended to
read as follows:
9. TITLE INSURANCE. Within fifteen (15) days following the date of this
Amendment, Seller, at its expense, shall furnish a title insurance commitment in the full
amount of the Purchase Price issued by Carver County Abstract ("Title Company ") or another
title insurance company reasonably satisfactory to Buyer, certified to date to include proper
searches covering bankruptcies, state and federal judgments and liens, by which said company
commits to issue its policy of title insurance that insures that at closing Buyer shall have good,
marketable and insurable title of record to the Premises, free and clear of all liens,
encumbrances, leases except for the following:
(i) All declarations, covenants, conditions, drainage and utility easements
currently of record;
(ii) Zoning and all other governmental ordinances, regulations, requirements
and laws;
(iii) Those exceptions shown on the Commitment;
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(iv) Easement in favor of Northern States Power Company dated December 22,
1097, filed 1/8/1988 as Document No. 93091;
(v) License in favor of U.S. Communications, Inc. dated June 27, 1991, filed
July 3, 1991 as Document No. 125470;
(vi) Driveway Easement dated March 19, 2005, filed April 6, 2005 as Document
No. A411280;
Buyer shall be allowed twenty (20) business days after receipt of the title commitment and land
survey for examination of title and making any objections, which shall be made in writing or
deemed waived.
3. Amendment to Paragraph 17. Paragraph 17 of the Purchase Agreement is amended
to read as follows:
17. CLOSING. The closing (the "Closing ") of the purchase and sale
contemplated by this Agreement shall occur at a location designated by Buyer, and shall
occur on or before December 31, 2014 ("Closing Date "). At closing, Seller and Buyer
shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the
purpose of completing state and federal tax forms.
4. Amendment to Exhibit B. Exhibit B of the Purchase Agreement is amended to
change the Escrow Agent to Carver County Abstract.
5. Except as provided herein, all terms and provisions of the Purchase Agreement shall
remain in full force and effect.
Seller and Buyer have executed this Amendment as of the date first written above.
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SELLER:
CITY OF CHANHASSEN
Thomas A. Furlong,
Gerhardt, City Manager
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BUYER:
CENTER COMPANIES, LLC
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EXHIBTI' A
Outlot One (1), Chanhassen Estates, Carver County, Minnesota Except that part of Outlot One (1)
Chanhassen Estates, described as follows:
Beginning at the intersection of the East line of said Outlot 1, with a line hereafter described as
"Line A" (said Line "A" is a line 50.00 feet Southeasterly of, measured at right angles to and
parallel with that part of the Southerly right of way line of State Highway No. 5, as shown on said
plat which has a radius of 2764.79 feet); thence South along the East line of said Outlot 1, a
distance of 200.00 feet; thence West at right angles to said East line, a distance of 150.00 feet;
thence Northwesterly to a point on said "line A ", distant 200.00 feet Southwesterly, measured
along said "Line A" from the point of beginning; thence Northeasterly along said "Line A" a
distance of 200.00 feet to the point of beginning.
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