HomeMy WebLinkAbout4B, TCAAP OTP
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~HILLS
Request for Council Action
Prepared By:
Depl.:
Council Mtg. Date:
Final Action Needed By:
Noah A. Simon
Administration
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Mo.tionlO Appro\'_et~e__Se\'enth Amell~_'!I_e:Il~_()_ft~e Offe!"~()_J=>urchase the ]~-~~~_t'~f)pert~.
Budgeted Amount: N/ A
Actual Amount: NfA
Funding Source: Nt A
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Molion to approve the Seventh Amendment of the Offer to Purchase the TCAAP property
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Staff recommends that the 01)-' Council approve the motion to approve the Seventh Amendment of the Offer to Purchase the TCAAP property
Planning:
PTRC
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Memo/Lcuer:
Resolution No.:
Ordinance No.:
Engineering Recommendation:
Attorney Recommendation:
X Other:
Letter to John Kelly detailing the Seventh Amendment to Offer to Purchase the TCAAP property
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The deadline imposed by the Sixth Amendment of the Offer 10 Purchase the TCAAP property expires February 1, 2008. This letter extends the deadline to
September 1, 2008.
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January 28, 2008
Mr. John E. Kelly
U,S. General Services Administration
Office of Property Disposal
Thomas P. O'Neil, Jr. Federal Building
10 Causeway Street, Room 925
Boston, Massachusetts 02222
Re: Twin Cities Army Ammunition Plant
Dear Mr. Kelly:
This confirms our agreement in Minneapolis on January 16, 2008 to create a
Seventh Amendment to the Offer to Purchase. The last sentence in subparagraph (e)
under paragraph 5 of the Sixth Amendment states that "if by February 1, 2008, the
Purchaser and the Government have not reached agreement on the Purchase Price
Credit and all of the terms of the Financial Assurance, then the Purchaser has the right
to rescind this Offer, whether before or after the Governrnent has accepted the Offer,
and the Government shall return any earnest rnoney paid up until the date of
rescission." During our meeting in Minneapolis on January 16, 2008, we agreed that
the February 1, 2008 date should be extended to September 1, 2008. Therefore, I
propose the following Seventh Amendment to the Offer to Purchase:
1. Subparagraph (e) under paragraph 5 is amended by changing the last
sentence to read as follows:
"Also, if by September 1, 2008, the Purchaser and the Government have not
reached agreement on the Purchase Price Credit and all of the terms of the Financial
Assurance, then the Purchaser has the right to rescind this Offer, whether before or
after the Government has accepted the Offer, and the Government shall return any
earnest money paid up until the date of rescission."
2. All other terms and conditions of the Offer to Purchase as amended by the
first six amendments, except those amended or clarified by this letter, shall remain in full
force and effect."
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5743
Phone 651.792.7800 . Fax 651.634.5137 . www.ci.ardenMhills.mn.us
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Upon concurrence, the City requests that this letter be attached to the Offer to
Purchase as an amendment.
Thank you for your prompt attention to this matter. Please feel free to contact
Noah A. Simon at (651) 792-7811 with any questions or concerns.
Sincerely,
Stanley D. Harpstead
Mayor, City of Arden Hills
Concurrence by the U.S. General Services Administration
John E, Kelly, Director, Property Disposal Division
Date
cc: Arden Hills City Council
Mr. James G, Willis
Mr. Noah A. Simon
Mr. Michael P. Comodeca
Ms. Sara Peterson
Mr. Rick Collins
Ms. Genevieve McJilton
Ms. Stacie Kvilvang
File
City of Arden Hills . 1245 West Highway 96 . Arden Hills, MN . 55112-5743
Phone 651.792.7800 . Fax 651.634.5137 . w,"vw.ci.arden-hills.mn.us