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• Purchase Agreement form may need revisions to our standard format pursuant to the <br />direction of the City Attorney. <br />▪ Note: Outdoor storage concept has been revised to meet BW allowances. Fencing, <br />screening, and covenant details still needed to ensure long -term compliance. <br />TOPC: <br />▪ Wants City to provide easement between vacated road right -of -way and existing <br />driveway. However, it appears that property is owned by the State of Minnesota <br />according to County records. The City cannot agree to this provision. <br />• Earnest money to be held by C.I. Title. Staff would recommend the City hold it. <br />• Wants Phase I environmental audit paid at our expense. The City did a Phase I <br />Environmental Site Assessment and Limited Phase II when we were considering the <br />site for our Public Works Building. (February of 2002). Staff would recommend <br />we provide a copy of that report and any further work would be at Buyer's <br />expense. <br />▪ Wants City to obtain legal description for easement area describe in first bullet point <br />above. It appears Buyer would need to work with MnDot in this regard. <br />• Wants City to define or locate sign easement owned by Naegele, Inc. Staff feels the <br />City can cooperate in this regard, but cannot guarantee an outcome. <br />a Wants City to define or located west boundary line involving the vacation of Jackson <br />Street. Staff feels the City can cooperate in this regard with no assurances as to <br />where title is vested. <br />• Wants City to define or locate snow fence easement owned by railroad to ensure it <br />does not interfere with Buyer's use of property. Staff feels City should <br />accommodate this request. <br />• Soils Contingency <br />• Financing Contingency <br />• Broad Contingency on "all matters which Buyer deems reasonably necessary for its <br />intended development of the Real Estate ". Staff feels this is overly broad. <br />▪ Ability to utilize "easement area" for storm water. Staff feels this could be a <br />concern to the extent we do not control this issue. (See Paragraph #5) <br />■ City approval contingency on property use. <br />■ Wants City to pay deed taxes associated with the recording of the warranty deed. <br />This is typically a Buyer's cost. <br />▪ Purchase Agreement form may need revisions to our standard format pursuant to the <br />direction of the City Attorney. <br />Other materials are attached to assist you in the evaluation of these offers. The City Attorney <br />should be prepared to comment on any additional concerns or revisions he feels are necessary <br />prior to a decision being made. <br />