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<br />'"" <br /> <br />AMENDMENT TO OYflON TO PURCHASE AND OYflON TO SELL <br /> <br />1. Backuound and Parties. Richard A. Merrill, as trustee of the Marvin E. <br />Gustafson Trust ("Seller") and the City of Roseville, a municipal corporation organized <br />under the laws of the State of Minnesota ("Buyer") are parties to an Option to Purchase and <br />Option to Sell (the "Agreement") entered into as of June 1994 (the "Agreement"). <br /> <br />2. Amendment. Effective Date and Conflicts. This Amendment to Option to <br />Purchase and Option to Sell (the "Amendment") amends the Agreement. This Amendment <br />is effective as of l- ~ I ,1997. In the event of a conflict between the Agreement <br />and this Amendment, this Amendment controls. Except as specifically modified in this <br />Amendment, the Agreement remains in full force and effect. <br /> <br />3. Section 8 - Purchase Price. The last two sentences of Section 8 are hereby <br />deleted and replaced with the following: <br /> <br />The square footage used to determine the Purchase Price is <br />42,926.70 square feet as set forth in the June 4, 1997 <br />preliminary plat prepared by Sunde Land Surveying, Inc. <br /> <br />4. Section 11 - Possession. <br /> <br />4.1 Time to Remove Improvements. The third sentence of Section 11, <br />which reads <br /> <br />"Seller may. at Seller's option. remove any improvements or <br />fixtures constructed on or affixed to the Property on or before <br />the date 30 days after the Date of Closing." <br /> <br />is hereby deleted and replaced with the following: <br /> <br />Seller may, at Seller's option, remove any improvements or <br />fixtures constructed on or affixed to the Property, but Seller <br />must remove the improvements or fixtures on or before the <br />date 15 days before the Date of Closing. <br /> <br />4.2 Notice. The reference to "90 days" in the fourth sentence of section 11 <br />it is hereby deleted in its entirety and replaced with a reference to "30 days". <br /> <br />5. Section 12 - Closin2. The first clause of Section 12, which reads "Subject to <br />the provisions of Section 14. 18 and 19 below. Seller and Buyer shall meet on the date One <br />hundred twenty (120) days from the date Buyer exercises the Option to Purchase or Seller <br /> <br />3S60SU <br />