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AMENDMENT TO OPTION TO PURCHASE AND OPTION TO SELL 1. Backeround and Parties. ~J2l. F: ~ z,w;t 'rt~\1~ L ~ ~ ~~a <.c),k ("Seller") and the City of Roseville, a municipal corporation organized udder the laws of the State of Minnesota ("Buyer") are arties to an Option to Purchase and Option to Sell (the IIAgreement") entered into as of , 1994 (the "Agreement"). 2. Amendment. Effective Date and Conflicts. This Amendment to Option to Purchase and Option to Sell (the "Amendmentll) amends the Agreement. This Amendment is effective as of -S~.J,I , 1997. In the event of a conflict between the Agreement and this Amendment, thIS Amendment controls. Except as specifically modified in this Amendment, the Agreement remains in full force and effect. 3. Section 8 . Purchase Price. The last two sentences of Section 8 are hereby deleted and replaced with the following: The square footage used to determine the Purchase Price is ~~JJ ~3- as set forth in the June 4, 1997 preliminary plat pr pared by Sunde Land Surveying, Inc. 4. Section 11 . Possession. 4.1 Time to Remove Improvements. The third sentence of Section 11, which reads "Seller may. at Seller's option. remove any improvements or fixtures constructed on or affixed to the Property on or before the date 30 days after the Date of Closing." is hereby deleted and replaced with the following: Seller may, at Seller's option, remove any improvements or fixtures constructed on or affixed to the Property, but Seller must remove the improvements or fixtures on or before the date 15 days before the Date of Closing. 4.2 Notice. The reference to 1190 daysll in the fourth sentence of section 11 it is hereby deleted in its entirety and replaced with a reference to 1130 days". 5. Section 12 . Closine. The first clause of Section 12, which reads IIStIbject to the provisions of Section 14. 18 and 19 below. Seller and Buyer shall meet on the date One hundred twenty (120) days from the date Buyer exercises the Option to Purchase or Seller 355952.1