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REQUEST FOR COUNCIL ACTION Date: 8-11-14 Item No.: 7.f Department Approval City Manager Approval Item Description: Approve Amendment to Purchase Agreement with Independent School District No. 621 to Extend Contingency Date B ACKGROUND 1 The City previously entered into a Purchase Agreement dated April 21, 2014, with Independent 2 School District No. 621 to purchase real property located at 2959 Hamline Avenue. The 3 Purchase Agreement provides that the City shall have a period of time following the signing of 4 the Purchase Agreement (“Due Diligence Period”) to determine, among other things, the 5 environmental condition of the property, whether the City can obtain a No Association 6 Determination, Certificate of Completion, and other written assurances from the Minnesota 7 Pollution Control Agency pertaining to the property, and whether the condition of the title to the 8 property is satisfactory to the City. Several meetings with the Minnesota Pollution Control 9 Agency (“MPCA”) have been held and considerable document review and investigation has been 10 conducted with respect to these matters. As a result of the meetings, reviews, and investigation, 11 it has been discovered that additional time will be needed to determine what actions the MPCA 12 will require regarding the environmental condition of the property and that a Proceedings 13 Subsequent action will be required to remedy the title issues which exist with respect to the 14 property. An extension of the Due Diligence Period to December 31, 2014, will be needed to 15 complete these items. 16 Representatives of the School District have indicated that it is agreeable to extending the Due 17 Diligence Period to enable the School District to complete the Proceedings Subsequent action 18 and the MPCA to complete its determination of what further actions it will require with respect 19 to the environmental condition of the property. The City Attorney has prepared the Amendment 20 to Purchase Agreement included with these materials which will extend the Due Diligence 21 Period to December 31, 2014. The Amendment to Purchase Agreement will need to be approved 22 and signed by the respective parties on or before August 19, 2014, as the existing Due Diligence 23 Period will expire after such date. 24 PO OLICYBJECTIVE 25 It is the policy of City to protect, improve and expand community natural amenities as integral 26 aspects of the parks and recreation system. Supporting the implementation of the Parks and 27 Recreation System Master Plan is a Community Aspiration. 28 29 Page 1 of 2