HomeMy WebLinkAboutContract 1667APr. I, ZUUZ
BERNARD E. STEFF~-N
RICHARD A. MERRILL
DARRELl, A. 7L:~NSEN
;EFFREY S. JOHNSON
RUSSELL H. CROWDER
7ON P. I~RICKSON
THOMAS IP. MALONE
MICHAEL F. HURLEY
DOUGLAS G, SAUl'ER
HERMAN k TALLE
CHARLES M- SEYKORA
DANIEL D. OANTE~ JR,
BEVERLy K. DODGE
IAMES D, HOEI:T
;OAN M QUAmS
BGS
Barna, Guzy & Steffen, Ltd.
ATTORNEYS AT LAW
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, Minnesota 55433
(763) 780-§500 FAX (763) 780-1777
1-800-422-3486
Writer's Direct Line: (763) 783-5118
Internet E-Mail Address: cseylcora~bgslaw, corn
FAX TRANSMITTAL COVER PAGE
$CO"rl M. LJEPAK
ELIZ, ABETH A.
WILLIAM F. HUEFNER
BRADLEY A, ICLETSCI-IER
MALCOLM P, TERRY
KR. ISTI R. RILEy
CI-I~RYL A./OROENSEN
WILLIAIvl D. SLEOEL
TODD J, ANLAUF
JENNIFER C. T. SMITH
KAKIIq E. SIMONSON
MATTHEW A. KOROGI
O/Courmd
ROBERT A. GUZY
DATE:
TO:
COMPANY/LOCATION:
COMPANY'S FAX NO.:
April 1, 2002
Randy Schumacher
City of Columbia Heights
763-706-367I
FROM:
Charles M. Seykora
MESSAGE: Re: J~ Mali~City °f COlumbia Heights
- Attached is the revised Purchase Agreement in th/s matter, the original of which
is being forwarded to you tn today's mail.
TOTAL PAGES INCLUDING THIS SHEET: 14
Please notify Bonnie at (763) 780-8500 if all pages axe not received.
Original will follow by mail
The information contained in this facsimile message is attorney privileged and confidential baformation intended
only for the use of the individual or entity named above. If the reader of this message is not the intended recipient,
you are hereby notified tkat troy dissemination, distribution or copying o£this communication is strictly prohibited.
If you have received this communication m error, please immediately notify us by telephone, and return the original
message to us at the above address via the U,S. Postal Service, We will be happy to reimburse you for the postage.
An Equal Opportunity Employer
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PURCHASE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this ~ S'"F day of
~ ¢.lt__- ,2002, between Jamal Malik and Beena Malik, husband and wife (the "Seller"),
and the City of Columbia Heights, a municipal corporation (the "Buyer").
WHEREAS, the Seller is the owner of a gasoline station located at 3955 University
Avenue N.E., Columbia Heights, Minnesota, legally described on Exhibit A attached hereto (the
"Real Property" and/or "Premises"); and
WHEREAS, the Buyer desires to buy, and the Seller desires to sell the Real Property
pursuant to the terms and conditions set forth in this Agreement,
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
agreements, representations and warranties contained herein, the parties hereto do hereby agree
as follows:
ARTICLE I
REAL PROPERTY ACQUISITION
1.1 Sale of Real Property by S. eller, Subject to the terms and conditions set forth in
this Agreement, at the Closing, the Buyer shall purchase the interest of Seller in the Real
Property, together with 0) all buildings and other improvements situated thereon, (ii) all
easements, hereditament and appurtenances thereunto belonging or in arty way appertaining.
1.2 .T. itte Examination. Within fifteen (15) days after the date of this Agreement,
Seller, at its sole cost and expense, shall deliver to Buyer for Buyer's approval (a) a Commitment
for the issuance of an ALTA owner's policy of title insurance issued by Universal Title Company
(the "lille Company"), certified to date and to include proper certifications for searches covering
bankruptcies, state and federal mx liens, judgments, unpaid taxes, assessments and pending
assessments; or Co) an abstract of tide or registered property abstract certified by Title Company
to date and to include proper certifications for searches covering bankruptcies, state and federal
tax liens, judgments, unpaid taxes, assessments and pending assessments. Buyer shall be
allowed fifteen (15) days after receipt of such title insurance commitment, Abstract of Title or
Registered. Property Abstract for examination and the making of any objections to the
marketability of the title, such objections to be made in writing or deemed waived. If any...
objections are so made, Sellers shall be allowed sixty (60) days from receipt of notice of such
objections to make title marketable. If such defects are em'ed within said sixty (60) day period,
Buyer shall be notified in writing of the cming of the defects, in which case the Closing shall be
the later of the Closing specified in Article III ox ten (10) days after the notice of cure to the
Buyer. If such title is not marketable and is not made so within sixty (60) days from the date of
Seller's receipt of the written objections, Buyer will have the option to do any of the following:
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(a) Terminate this Agreement.
(b)
Withhold from the Purchase Price an mount which, in the reasonable
judgment of Title Company, is sufficient to assure cure of the objections.
Any amount so withheld will be placed in escrow with Title Company,
pending such cure. If Seller does not cure such objections within ninety
(90) days after such escrow is established, Buyer may then cure such
objections and charge the costs of such cure (including reasonable
attorney's fees) against the escrowed mount. If suer escrow is
established, the parties agree to execute and deliver such documents as
may be reasonably required by Title Company, and Seller agrees to pay
the charges of Iitle Company and administer the escrow.
(c) Waive the objections and proceed to close.
1.3 Taxes and Assessments. Taxes due and payable in the year of Closing shall be
prorated between Seller and Buyer as of the Date of Closing. All levied, deferred and pending
special assessments as of date of Closing shall be paid by Seller.
1.4 Utilities / Operating Expenses. All charges for any utilities, including gas, electricity,
sewer and water, telephone and refuse collection, shall be paid by Seller as of Date of Closing.
ARTICLE II
PURCHASE PRICE AND PAYMENT OF REAL PROPERTY
2.1 Purchase Price: Real Property. The total consideration to be paid by Buyer to
Seller for the purchase of Seller's interest in the Real Property shall be $240,000.00.
2.2 Payment of Purchase Price: Real Property. The purchase price for Seller's imerest
in the Real Property shah be paid as follows:
(a) $25,000.00 Earnest Money, the receipt of which is hereby acknowledged.
Co) $215,000.00 shall be paid in cash at Closing.
2.3 Purclla.se Price: Relocation Benefitq. Seller acknowledges that the Purchase Price
of $240,000.00 includes all consideration for any relocation benefits Seller could receive raider
federal or state law, arid no additional monies will be paid for any relocation benefits.
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ARTICLE III
CLOSING
3.1 Closing. The closing of the purchase and sale contemplated by this Agreemem (the
"Closing'~) shall occur within one hundred twenty (120) days of the date of this Agreemem (the
"Closing Date"). The Closing shall take place at the office of the Buyer's attorney, or at such
other place as may be agreed to. Seller agrees to deliver possession of the Property to Buyer on
the Closing Date.
Seller's Closing Documents. On the Closing Date, Seller shall execute
and/or deliver to Buyer the following (collectively "Seller's Closing
Documents'):
Deed. A Warranty Deed, in form reasonably satisfactory to Buyer,
conveying the Real Property to Buyer, free and clear of all
encumbrances, except any permitted encumbrances.
(2)
Title Pohc¥. The Tide Policy, or a suitably marked up
Commitment for Title Insurance initialed by the Title Company, in
the form required by this Agreement.
(3)
_Opinion of Seller's Counsel. If Seller is a corporation, partnership,
or other entity, and if Seller is represented by counsel, an opinion
of Seller's counsel, dated as of the Closing Date, in form
reasonably satisfactory to Buyer, that Seller has been duly
organized and is in good standing under the laws of the State of
Minnesota; that Seller is duly qualified to transact business in the
State of Minnesota; that Seller has the requisite power and
authority to enter into and perform this Agreement, and those
Seller's Closing Documents signed by it; that such documents have
been duly authorized by all necessary act/on on the part of the
Seller and duly executed and delivered; that the execution, deliveU
and performance by Seller of such documents do not conflict with
or result in a violation of Seller's Articles of Organization or
Operating Agreement or any judgment, order or decree of any
cou_n or arbiter to which Seller is a party; that such documents are
valid and binding obligations of Seller, enforceable in accordance
with their terms.
(4)
Seller's Affidavit. An Affidavit of Title by Seller indicating that
on the Closing Date there are no outstanding, unsalisfied
judgments, tax liens or bankruptcies against or involving Seller or
the Real Property; that there has been no skill, labor or material
furnished to the Real Property for which payment has not been
made or for which mechanic's liens could be filed; and that there
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BAHNA,GUZY~I~YYAN
are no other unxecorded interests in the Real Property, together
with whatever standard owner's affidavit md/or indemnity wh/ch
may be reqttired by the Title Company to issue an Owner's Policy
of Title Insurance with the standard exceptions waived.
(5)
FIRPIA Affidavit. A non-foreign affidavit, properly execmed and
in recordable form, containing such information as is required by
IRC Section 1445(b)(2) and its regulations.
(6)
IRS Form. A Designation Agreement designating the "reporting
person" for purposes of completing Internal Revenue Form 1099.
(7)
Well Certificate. A Certificate signed by Seller warranting that
there are no "wells" on the Property, or if there are "wells", a Well
Certificate in the form requb:ed by law:
(8)
Other Documents. All other documents reasonably determined by
Buyer to be necessary to transfer the Property to Buyer free and
clear of all encumbrances.
Buyer's Closing Documents.
and/or deliver to Seller the
Documents"):
On the Closing Date, Buyer will execute
following (collectively "Buyer's Closing
(1) Purchase Price. The Purchase Price by Buyer's check.
(2)
Title Documems. Such affidavits of Purchaser, Certificate of Real
Estate Value or other documents as may be reasonably required by
the Title company in order to record the Seller's Closing
Docments and issue the Title Insurance Policy required by this
Agreement.
ARTICLE IV
PRORATIONS
Seller and Buyer agree to the following prorations and allocation of costs regarding this.
Agreement.
(a)
Title Insurance and Closing Fee. Seller will pay all costs of Tide
Evidence, and the fees charged by Title Company for any escrow
regarding Buyer's objections. Buyer will pay all premiums required for
the issuance of an ALTA Owner's Title Insurance Policy, (unless Seller
fails to provide an Abstract or Registered Property Abstract). Seller and
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(c)
(d)
(e)
Buyer will each pay one-half of any reasonable and customary closing fee
or charge imposed by any closing agent designated by the Title Company.
Deed Tax. Seller shall pay all state deed tax regarding the Warranty Deed
to be delivered by Seller under this Agreement.
Real Estate Taxes and Special Assessments. Seller will pay on or before
the Closing Date, all special assessments [cried, pending or constituting a
lien against the Real Property as of the Closing Date including without
limitation any installments of special assessments including interest
payable with general real estate taxes in the year of Closing. General real
estate taxes and installments of special assessments payable in all years
prior to the year of Closing will be paid by Seller. General real estate
taxes payable in the year of Closing shall be prorated by Seller and Buyer
as of the Closing Date based upon a calendar year. Seller shall pay all
deferred real estate taxes or special assessments which may become
payable as a result of the sale contemplated hereby. If the mount of such
general real estate taxes and installments of special assessments payable
therewith cannot be determined on the Closing Date, Seller will deposit
with the Title Company, from the Purchase Price, an amount equal to
110% of the most current estimate of such taxes and special assessment
installments, assuming for estimating purposes that the Real Property will
be fully assessed. Such deposit will be held in escrow and all interest
earnings on such deposit will be paid to Seller. Ihe Title Company will
retain such deposit to pay Seller's share of the actual general real estate
taxes payable in year of Closing and installments of special assessments
including interest payable therewith, paying any excess over to Seller.
Seller will pay any deficiency, when such general real estate taxes and
installments of special assessments including interest payable therewith
are known.
Recording Costs. Seller will pay the costs of recording all documents
necessary to place record title in the condition warranted in this
Agreement. Buyer will pay the cost of recording all other documents.
.Other Costs. Ail other operating costs of the Property, will be allocated
between Seller and Buyer as of the Closing Date, so that Seller pays that..
part of such other operating costs payable before the Closing Date, and
Buyer pays that part of such operating costs payable from and after the
Closing Date.
Attorney's Fees. Each of the parties w/Il pay its own attorney fees, except
that a party defaulting under this Agreement or any closing document will
pay the reasonable attorney's fees and court costs incurred by the
nondefaulting party to enforce its rights regarding such default.
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1 2002 3:39PM BARNA,GUZY&~IbPkAN
ARTICLE V
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller, represents and warrants to Buyer as of the date hereof and as of the Closing that:
5.1 Authority, Approval and Enforceability.
(a)
The execution and delivery by the Seller of this Agreement and all
documents to be executed in connection with the transactions
contemplated hereby do not, and the performance and consununation by
the Seller of the transactions contemplated by this Agreement will not,
result in any conflict with, breach or violation of or default, termination,
forfeiture or lien under (or upon the failtue to give notice or the lapse of
time, or both, result in any conflict with, breach or violation of or default,
termination, forfeiture or lien under) any terms or provisions of the Seller's
Articles of Incorporation or Bylaws, each as amended, or any statute, rule,
regulation, judicial or governmental decree, order or judgment, agreement,
lease or other instrument to which the Seller is a party or to which its
assets are subject or is likely to have a material adverse effect on the
Business or the Assets.
(b)
No consent, approval, authorization, order, registration, qualification or
filing of or with any court or any regulatory authority or any other
governmental body, where failure to obtain such consent, approval,
authorization, order, registration, qualification or filing has or is likely to
have a material adverse effect on the Business, equipment or inventory, is
requited for the consummation of the transactions contemplated by this
Agreement.
(c)
This Agreement and all documents to be executed by the Seller in
connection with the transactions contemplated hereby are, and upon due
execution and delivery by the parties thereto will be, legal, valid and
binding obligations of the Seller, enforceable against them in accordance
with their respective terms.
(a)
To the best knowledge of Seller, the Seller is in full compliance with all
applicable federal, state, and local regulations, statutes and ordinances.
which regulate the use of the real estate as a gas station and convenience
store and operation of the business by Seller.
(e) There axe no wells or septic systems on the Property.
5.2 Title to Assets, The Seller has good and marketable title to the Real Property,
free and clear of any and all liens, charges, easements, mortgages, pledges, claims of ownership,
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security interests, levies, attachments, restrictions and other encumbrances (collectively, a
"Lien"), except as disclosed in this Agreement or in any exhibit attached hereto.
5.3 No Brokers. Seller has not entered into any agreement that could give rise to any
liability for brokerage, finder's or agent's fees or commissions in connection with this Agreement
or any transactions contemplated hereby.
5.4 Environmental. Seller and Buyer are aware that Seller has operated a retail sale
of petroleum products business on the Property. Seller shall remove all underground storage
tanks (hereinafter "UST"), pumps and canopy from the Property, all at Seller's expense. Buyer
shall obtain at its own expense a Phase I and a Phase II Environmental Assessment of the
Property. Any and all release of petroleum products or hazardous waste shall be removed by
Seller. Any cleanup costs not covered by the Minnesota Departmem of Commerce Petroleum
Reimbursement Fund shall be equally funded by Buyer and Seller. Buyer's portion of these
cleanup costs shall not exceed $5,000.00. Seller shall provide to Buyer appropriate
documentation from the Minnesota Pollution Control Agency noting the removal of the UST's
and cleanup of any contaminated soils.
5.5 Leases / Options. Seller represents that there are no leases or options to purchase
the Real Property.
The representations and warranties provided above shall survive the closing for a period
of six (6) months after the date of closing for the benefit of Buyer and, in the event any of the
representations or warranties shall be discovered to have been materially untrue as of the Closing
Date, Seller shall indemnify, defend and hold Buyer, its successors and assigns harmless with
respect to any actual direct loss (including reasonable attorney's fees) resulting from any
circumstance making any said representation or warranty materially untrue as of the Date of
Closing.
In the event any of the aforesaid representations and warranties are not true in any
material respect as of the Closing Date, and Buyer is made aware of the same, then in such event,
Buyer must provide written notice to Seller and, if applicable, terminate this Agreement, and
upon said termination, Seller shall promptly refund to Buyer all monies paid by Buyer hereunder
and both parties shall be relieved of any further obligation or liability hereunder. In the event
Buyer, having any knowledge that any of the aforesaid representations or warranties are not true
in any material respect prior to the Closing Date and does not provide written notice of the same
to Seller and elects to close under the terms and conditions contained herein, then Buyer shall be
deemed to have waived said violation or breach of Seller representation and warranties.
ARTICLE VI
REPRESENTATIONS AND WARRANTIES OF BUYER
Buyer represents and warrants to Seller, as of the date hereof and as of Closing, that:
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6.1 No Violation. The execution and delivery by Buyer of this Agreement and all
documents to be executed by Buyer in connection with the transactions contemplated hereby do
not, and the performance and consummation by Buyer of the transactions contemplated by this
Agreement will not, result in any conflict with, breach or violation of or default, termination or
forfeiture or lien under or upon the failure to give notice or the lapse of time or both result in any
conflict with, breach of violation of or default, termination, forfeiture or lien under any statute,
rule, regulation, judicial or governmental decree, order or judgment, agreement, lease or other
instrument to which Buyer is a party or to which Buyer's assets are subject or is likely to have a
material adverse effect on the Buyer's assets.
6.2 Authoritl(_. The Buyer has full power and authority to execute, deliver and
perform its obligations under this Agreement and all documents to be executed by the Buyer in
connection with the transaction contemplated thereby and delivery and performance has been
obtained.
6.3 Enforceabili~. This Agreement and all documents to be executed by Buyer in
connection with the transactions contemplated hereby are, and upon the due execution and
delivery by the parties thereto will be, legal, valid and binding obligations of the Buyer
enforceable against Buyer in accordance with their respective terms.
6.4 No Brokers. Buyer has not incmxed any liability for brokerage, finder's or agent's
fees or commissions in connection with this Agreement or any transaction contemplated
hereunder.
ARTICLE VII
CONDITIONS PRECEDENT TO OBLIGATIONS OF BUYER
The obligations of Buyer to consummate the transactions contemplated by this
Agreement shall be subject, at Buyer's option to waive, to the fulfillment of each of the following
conditions on or before the dates listed below:
7.1
Condition of Title. Buyer's approval of title to the Real Property, on or before the
Date of Closing.
7.2 Cl___o_sing Documents. All of the closing documents shall have b~en executed and
delivered by the Seller.
7.3 No Breach of Representations, Warranties and Covenants. No material breach of
any ~epresentation, warranty or covenant of the Seller under this Agreement shall have occurred,
on or before the Date of Closing.
7.4 Performance of Seller's Obligations. Seller shall have performed all of the
obligations required to be performed by Seller under this Agreement, as mad when required by
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this Agreement. Included within the obligations of Seller under this Agreement shall be the
following:
(a)
Seller shall allow Buyer, and Buyer's agents, access to the Property
without charge and at all xeasonable times for the purpose of Buyer's
investigation and testing of the same. Buyer shall pay all costs and
expenses of such investigation and testing.
,Cb)
Seller shall execute such applications, covenants, plat or other documents
as may be reasonably required by Buyer in order to make use of the
Property which Buyer intends.
7.5 Underground Storage Tanks. Seller shall have, at Seller's cost and expense,
removed all underground storage tanks, pumps and canopy from the Property in the manner
required by the Minnesota Pollution Control Agency, including any cleanup or remediations
required by said agency, and shall have obtained a closing letter therefor from the Minnesota
Pollution Control Agency.
7.6 Testing. Buyer shall have determined, in its sole discretion, on or before the
Closing Date, that it is satisfied with the results of and matters disclosed by soil tests, well tests,
engineering inspections, hazardous waste and environmental reviews of the Property, all such
tests, inspections and reviews to be obtained at Seller's sole cost and expense, except for the
Phase I mad Phase II Environmental Testing as noted at Section 5.5 above.
7.7 Approval. Subject to formal approval of this Purchase Agreement by the City
Council for the City of Columbia Heights w/thin thirty (30) days of the date of this Purchase
Agreement.
ff any such contingency has not been satisfied on or before the Closing Date, then this
Agreement may be terminated, at Buyer's option, by written notice from Buyer to Seller. Such
notice of termination may be given at any time on or before the Closing Date. Upon such
termination, neither party will have any further rights or obligations regarding this Agreement or
the Property, all Earnest Money will be returned to Buyer, and the parties shall execute a written
cancellation of this Agreement. All of the contingencies set forth in this Agreement are
specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer
shall have the right to unilaterally waive any contingency by written notice to Seller.
ARTICLE
TERMINATION
Notwithstanding anything contained in this Agreement to the contrary, Buyer shall, at the
election of Buyer, be entitled to terminate this Agreement at any time up to and including
Closing in the event of a material breach by Seller of any of the covenants, agreements,
representations or warranties contained in this Agreement, provided such material breach is not
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cured within a reasonable time after notice of such breach. In the event a notice is given by
Buyer pursuant to Article V, the Closing shall be postponed for such reasonable period to enable
Seller to cure such breach.
ARTICLE IX
GENERAL
9.1 Survival. The respective representations, warranties, covenants, indemnities and
agreements of the parties hereto, including those made in or resulting from any certificates,
instruments or ancillary documents delivered pursuant to this Agreement or in connection
herewith, shall survive the Closing under tiffs Agreement and provided in this Agreement and the
transactions contemplated herein and continue in full force and effect without limitation.
9.2 Waivers. No action taken pursuant to Ibis Agreement, including any investigation by
or on behalf of either party, shall be deemed to constitute a waiver by the party taking such
action of compliance with any representation, warranty, covenant or agreement contained herein
and/or in any ancillary documents.
9.3 Binding Effect: Benefits. This Agreement shall inure to the benefit of the parties
hereto and shall be binding upon the parties hereto and their respective heirs, successors and
assigns. Except as otherwise set forth herein, nothing in this Agreement, expressed or implied, is
inlended to confer on any person other than the parties hereto or their respective heirs, successors
and assigns any fights, remedies, obligations, or other liabilities under or by reason of this
Agreement
9.4 Notices. All notices, requests, demands and other communications which are
required to be or may be given under this Agreement shall be in writing and shall be deemed to
have been duly given when delivered in person or transmitted by telex or facsimile or upon
receipt alter dispatch by certified, or registered first class mail, postage prepaid, return receipt
requested, to the party to whom the same is so given or made:
If to the Seller, to:
City of Columbia Heights
590 - 40m Avenue N.E.
Columbia Heights, MN 55421-3878
Atm.: Randy Schumacher
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If to the Buyer, to:
Jamal Malik and Beena Malik
4600 - 4th Street N.E.
Columbia Heights, MN 55421
or to such other address as such party shall have specified by notice to the other parry hereto.
9.5 _Entire Agreement. This Agreement (including the exhibits hereto) supersedes all
prior agreements and understandings, oral and written, including, without limitation, between the
parties hereto with respect to the subject matter hereof and carmot be changed Or terminated
orally, and this Agreement, together with related agreements or ancillary documents related
hereto executed in connection herewith, constitute the entire agreement of the parties as to the
matters set forth herein and therein.
9.6 Headings. The section and other headings contained in this Agreement are for
reference purposes only and shall not be deemed to be a part of this Agreement or to affect the
meaning or interpretation of this Agreement.
9.7 Governing Law. This Agreemem shall be construed as to both validity and
performance and enforced in accordance with and governed by the laws of the State of
Minnesota. Any legal action relating to this Agreement shall only be brought in a district court
of the State of Minnesota.
9.8 Severability. If any term, covenant, condition, or provision of this Agreement or
the application thereof to any circumstance shall be invalid or unenforceable to any extent, the
remaining terms, conditions and provisions of this Agreement shall not be affected thereby and
each remaining term, covenant, condition, and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law. If any provision of this Agreement is
so broad as to be unenforceable, such provisions shall be interpreted to be only as broad as is
enforceable.
9.9 Amendments. This Agreement may not be modified or changed except by an
instrument or instruments in writing signed by the Buyer and the Seller, their respective
successors in interest.
9.10 Assignment. There shall be no assignment of this Agreement by Buyer without..
the prior written consent of the Seller.
9.11 Attorneys' Fees. If a dispute arises among the parties as a result of which an
action is commenced to interpret or enforce any of the terms of this Agreement, the losing or
defaulting party or parties shall pay to the prevailing party or parties reasonable attorneys' fees,
costs and expenses incurred in connection with prosecution oJr defense of such action.
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9.12 C__ounte_rparts. This Agreement may be executed in any number of counterparts,
each of which when so executed shall constitute an original, but all of which together shall
constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the date first above written.
SELLER:
Jamal Malik
Beena Malik /
151580_1
BUYER:
CITY OF COLUMBIA H~KT. xS
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EXHIBIT A TO PURCHASE AGREEMENT
Legal Description
Rearrangement of Block E of Columbia Heights Annex, Anoka County, Minnesota. The north
128 feet of Lot 1, Block E. Also that part of Lot 1 lying West of University Avenue, as
extended.
AMENDMENT TO PURCHASE AGREEMENT
BETWEEN JAMAL MALIK AND BENNA MALIK, SELLER,
AND CITY OF COLUMBIA HEIGHTS, BUYER,
DATED APRIL 1, 2002
CONCERNING
3955 UNIVERSITY AVENUE N.E.
COLUMBIA HEIGHTS, MN
The terms and provisions contained herein are hereby incorporated into and made a part
of the printed portion of the Purchase Agreement, and in the event of any conflict between the
terms and provisions hereof in the printed agreement, the provisions herein contained are
controlling.
The Seller and Buyer agree to amend the Closing Date referenced at paragraph 3.1 of the
Purchase Agreement to 'ton or before October 8, 2002".
All other terms and conditions of the Purchase Agreement remain the same.
SELLER:
Jamal Malik
Benna Malik
BUYER:
CITY OF C~ OLU~ H~EIGHTS
Its: