Laserfiche WebLink
<br />NE136-24-797907.v1 <br /> <br />FIRST AMENDMENT TO PURCHASE AGREEMENT <br /> <br /> This First Amendment to Memorandum of Agreement (the “First Amendment”) is made this <br />____ day of June, 2022 by and between the City of New Brighton, a Minnesota municipal corporation <br />and politic (the “City”) and LVP, LLC, a Minnesota limited liability company (the “Owner”). <br /> <br />RECITALS <br /> <br />WHEREAS, the City and the Owner entered into that certain Memorandum of Agreement <br />dated June 22, 2021 (the “MOA”) whereby the Owner agreed to grant the City a temporary <br />construction easement and temporary access easement over the Owner’s property related to the City’s <br />Long Lake Interceptor Rehabilitation Project (the “Project”); and <br /> <br />WHEREAS, due to unanticipated delays with the bidding process, the Project has been <br />delayed so that construction will occur between November of 2022 and June of 2023 instead of <br />between November of 2021 and June of 2022; and <br /> <br /> WHEREAS, the temporary construction easement and temporary access easement over the <br />Owner’s property will expire on June 30, 2022; and <br /> <br /> WHEREAS, the City has requested and the Owner has agreed to extend the temporary <br />construction easement and temporary access easement for a one year period until June 30, 2023; and <br /> <br /> NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, each of them does hereby covenant and agree with the other as follows: <br /> <br />1. The Owner agrees to execute a new temporary construction easement, which is <br />attached as Exhibit A. Said temporary construction easement will expire on June 30, <br />2023. No additional compensation is required. <br /> <br />2. The Owner agrees to execute a new temporary access easement, which is attached as <br />Exhibit B. Said temporary construction easement will expire on June 30, 2022. No <br />additional compensation is required. <br /> <br />3. As a gesture of goodwill and the Owner’s willingness to cooperate with the Project, <br />the City will repair the private fire hydrant on the Property at its expense. Said repair <br />shall be completed no later than June 30, 2022. <br /> <br />4. Miscellaneous. Except as amended by this First Amendment, the MOA shall remain <br />in full force and effect. <br />