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FROM PHONE NO. : Aug. 07 2001 08:50AM P2 General Practice Kenneth M. Wasche Diane E. Hull Attorneys Kenneth M. Wasche, P.A. ATTORNEYS AT LAW 14735 Hig}1way 65 Northeast. Suite 300 Ham Lake, Minnesota 55304-6113 officII (163) 413-1223 ft\c>>imil~ (763) 413.1280 Julie L. Braal$tad Paralegal August 7th, 2001 Sandy Falck As~ociates Plus Title 480 W. Highway 96 Shoreview, MN 55126 Re: Heil and Makres Purchase Agreement Dear Ms. Falck, Thank you for sending me a copy of Mr. Paschke's letter dated 8/6/01. I understand the impact of the City ofRoseville's conditional approval of the lot split and appreciate Mr. Paschke's spending the time to write his letter. I am 8Ss\uning that you are sending me a copy of that letter with the goal of having my clients waive that particular title objection. My clients do not waive that title objection. The only manner in which this title objection can. be cleared, short of the City ofRoseville eliminating all remaining tenns and conditions of the City Council resolution filed Febnwy 22nd, 2001, would be .to extend the closing date to after completion of construction on the parcel. During the executory period of the purchase agreement the purchasers would submit their proposed building plans to the City ofRoseville, obtain all needed approvals by the City of Roseville (including satisfaction of the 2/22/01 conditions), and complete construction. After completion of construction the sale would close. As it stands today, my clients do not intend to begin that construction process. Unfortunately for the sellers, anyone who understands real estate ownership in Minnesota is going to require this same time ftame in which to purchase this parcel. The question to be asked is what is the effect of the lot split if the City ofRoseville never approves a construction plan which addresses conditions B, E, and F. Ifthat never happens, at a O1ini.mulTI, the lot will never be buildable or marketable. This is not to say that the City of Rosevilte wjJl purposely be difficult or not willing to work with a prospective purchaser. It is only to say that until construction plans are prepared and submitted and approved there are so many variables that can arise in the municipal approval process that obtaining the approval prior to investing in the purchase of properly is the only prudent course of action. If you, the seller's realtor, or the sellers have an alternate idea or different understanding of the purchase agreement, please let me know. ~. cere]y, fi / . (;JvL-.--.... en Wasche cc: James and Ann Makres w/enel. Timothy and Sherren Heil Janet Sandretsky Thomas Paschke KW/fy