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<br />BRIGGS AND MORGAN <br /> <br />Rick J opke <br />July 3, 1997 <br />Page 2 <br /> <br />4. Addendum to Option Agreement (Retention and Removal of Buildings and <br />Improvements) (Howard form). This form contemplates the removal of a <br />home on or before the date of closing. The only difference between this form <br />and the form described in Section 3 above is that it requires the home owner <br />to deliver mechanic's lien waivers on the date of closing rather than 10 days <br />before the date of closing. <br /> <br />5. Addendum to Option Agreemnet (Retention and Removal of Buildings and <br />Improvements) (Bob Bertch form). This form contemplates the removal of <br />the home after the date of closing. It is my understanding that Mr. Birch is <br />the only individual intending to remove the home after the date of closing (if <br />there are other individuals who will remove their home after the date of <br />closing this form should be modified for the use by those individuals). This <br />form differs from the previous form in that it requires Mr. Birch to make a <br />security deposit with the City which the City may retain if Mr. Birch does not <br />remove the home within 30 days after the date of closing as provided for in <br />the Option Agreement. <br /> <br />I am sending a copy of the general Addendum to Option Agreement (Retention and <br />Removal of Buildings and Improvements) to Julie Kimble and Becky McDaniel. I assume <br />that if they have any comments on the form of Agreement they will provide them to you on <br />Tuesday. As we discussed on Thursday there is still a need to describe in the Development <br />Agreement describing any obligations the City has with respect to the condition of the <br />property at the time the property is conveyed to Opus. Opus will ask that the City agree <br />that the various requirements of the Addendum to Option Agreement (Retention and <br />Removal of Building and Improvements) be satisfied with respect to each property for which <br />the home is removed. The City must decide whether it is willing to accept that obligation <br />and the risk that the City will have to perform the obligations if the property owner does not <br />and later pursue recourse from the property owner or whether the City will only agree to <br />deliver the property to Opus "as is". <br /> <br />Very truly yours, <br /> <br /> <br />~B~F <br />TLB:se <br />Encl. <br />