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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 APr. I. /UUZ ;'~Y~ DAKINA,bUZY~blbh~AI~ 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: APF. I. ZUUZ ~'~PM5AKNA,bULY~ItPPAI~ (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. -2- APr. I. ZUUZ ~'~F~ 5AKIN~,bU~Y~bI~KK~I~ I~U,OI I~ r- ff 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 -3- Apr. ('b) 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 -4- Apr. ~AMNA,GUZY6¥1bYVAN (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. -5- Apr. 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, -6- Apr. 1. 2002 3:40PM BARNA,GUZY&SIbFPAN No,U//~ F. U 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: -7- Apr. ], 2002 3:40PM BANNA,GUZY&~I~PFAN 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 -8- Apr. 1, 2002 3'41PM BARNA,GUZY&Slbki-AN NO,~II~ F. lU 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 -9- Apr. 1. 2002 3:41PM BARNA,GUZY&SIEPPAN i~o,~//~ F. ~ 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 -10- Apr. ~UU2 2'41P~ UARNA,GUZY~2IEPrAN 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. -11- Apr. 2002 3:42PM BARNA,GUZY&STEFFAN 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 -12- Apr. ZUUZ U:4ZPM BANI~A,GUZY~blEhhAN I~o,u/~ F. i~ 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: