HomeMy WebLinkAbout1999-09-23 Applicant Ltr to St. Croix West HoldingsKANSAS CITY FACILITIES SERVICE OFFICE
la UNITED STATES
POSML SERVICE
J. J. • 1,-
SEP-23-99 12:14 From:US POSTAL SERVICE KC FSO
September 23, 1999
St. Croix West Holdings, LLC
1835 Northwestern Avenue
Stillwater MN 55082
RE: Lots 1 & 2, Block 2, Kerr Center 2nd Addition
Dear Messrs. Briggs and Low:
You are notified that the Postal Service has accepted the OffGr to Sell Real Property
made by your company on August 27, 1999. 1 enclose a signed copy of the
accepted Offer.
1 have a couple of minor matters to discuss with Commercial Partners Title LLC
before I approve the proposed Amendment to Daciaration. 1 will call you by
tomorrow to discuss the items.
1 encourage you to advance the utility easement vacation matter. 1 note that
Paragraph 19. of the contract gives the Postal Service approval rights regarding the
instrument of easement vacation. Please forward any such document to my
attention.
Thank you for making this real property available to the Postal Service. Please
contact Steve Muyskens or me if either of us may be of assistance.
Yours truly,
Thomasj.
Contracting icer
cc: Northland District ASO
6800 W 64TH STREEr STE 100
OVERLAND PARK, KS 662a2-4179
(913 )Me5'i 261 - 2452
FAX: (9134
xxx 261 - 2510
:7 i'L31U
9132612510 T-823 P.01/05 Job-592
By First Class and Facsimile to 651-439-2923
i
SEP -23 -99 12:14 From:US POSTAL SERVICE KC FS0
UNITED STATES
POSTAL SERVICE:
Facility Name/Location
STILLWATER, MN -- CARRIER ANNEY (262g80-G01)
The terms and conditions of this offer are as follows:
PS Form 8339, July 1997
9132612510 T ®823 P.02105 Job -592
Offer to Sell Rea! Property
Project: Y73259
1. The seller agrees that this offer may be accepted by the United States Postal Service an through duly authorized
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representative, by delivering, mailing or telefaxing a notice of acceptance to the seller at the address stated below, at
any tirne within 180 calendar days from the date hereof, whereupon this offer and the acceptance thereof become a
binding contract.
2. The Postal Service agrees to pay the serer for said land the sum of s 431 , 4 61.50
'' * *Four Hundred Thirty -One Thousand Four Hundred Sixty -One and 50/100 Dollars . * * u n a able
upon approval by the Postal Service of the seller's title and execution
and delivery by the seller of a good and sufficient
general warranty deed conveying said land with the hereditaments and appurtenances thereunto belonging to the United
States Postal Service and its assigns, in fee simple, free 9 g
g P e and dear from all bens and encumbrances, except those
specifically excepted or reserved above, together with all right, title, and interest of the seller in and to an y streams,
alleys, roads, streets, ways, strips, gores, or railroad rights --of - way abutting Or adjoining said land,
3+ It is agreed that the Postal Service will defray the expenses incident to the recordation of the deed to the Postal
Service and the procurement of the necessary title evidence.
4. The seller agrees that all taxes, assessments, and encumbrances which are a valid lien against the land as of the
time of conveyance to the Postal Service shalt be satisfied of record by the seller at or before the transfer of title nd
a , th e
seller, will, at the request of the Postal Service and without prior payment or tender of the urchas$ price deliver p er th e
general warranty deed to the Postal Service and obtain and record such other curative evidence of title as may be
required by the Postal Service. If the seller fails to satisfy Y
fy an y such c lens or fails to secure such curative evidence as
required within sixty (60) days of acceptance of this offer by the Postal Service, the Postal Service may pay a said liens
and cure such defects and deduct any cost incurred from the purchase price of the land. Real Estate taxes f or the
current year, utilities and rents, if applicable, are to be pro rated as of the data of closing.
5. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the
title to the land and deed to the Postal Service have been accepted by the Postal Service through its duly authorized
representative or until the right of occupancy and use of the I g y
p ]� and, as here�nbelow provided for, has been exercised by
the Postal Service; and, in the event that such loss or damage occurs, the Postal Service may, without liability, to
accept conveyance of the title or it may elect to accept �'
Y cept conveyance or title to such property, in which case there shall be
an equitable adjustment of the purchase price.
e. The agents, employees or representatives of the Postal Service shalt have the right, during the period of the offer,
subject to the use made of the premises by the seller to enter upon the said remises for the sole purpose of inspecting
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the same and making test borings, plans and topographical surveys in connection with the Postal Service's
contemplated use of the premises. The Postal Service, at its expense shall promptly restore thg roP e �Y of the seller to
its original condition in accordance with good engifeering practices.
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The undersigned, hereinafter called the seller, in consideration of mutual covenants and herein a reementa
and for other good and valuable consideration, the sufficiency � set Earth,
cy of which is hereby acknowledged, hereby makes the
irrevocable offer to sell and convey to the United States Postai Service and its assigns, the fee simple
s and improvements 9 mple title to the
following described land, with the buildings p aents thereon, hereinafter referred to as "land", and all rights,
hereditamentc, easement& and appurtanances thereunto belonging, and legally described as follows:
Lots 1 and 2,/ Kern Center 2nd Addition
Block 2
subject to the following rights outstanding in third parties:
Drainage and utility easements as shown on the recorded plat of Kern Center 2nd Addition
except for the drainage and utility eaements along the northerly line of Lot 1 and
the
Southerly line of Lot 2, except for the easterly and westerly 10 feet thereof.
Excepting and reserving to the seller the following rights and interests:
None
SEP -23 -99 12:14 F rom: US POSTAL SERVICE KC FSC
17. The following paragraphs were added or deleted before execution:
�
8, 19 and 20 .
UNITED STATES
POST4L SERVICE.
PS Form 8339, July 1997
91326 2510
T ®823 P.03/05 Job -592
Offer to Sell Real Property
7. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different
possemsicn date is herein specified.
8. The seller agrees net to rent, lease or otherwise increase tenancy on any portion of the ro
execution of this Offer to Sell Real Property. p p subsequent to
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9, It is agreed that the spouse, if any, of the seller, by signing below, agrees to join in an deed to the Po any Postal Service
and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate and to relinquish and tY state or
interest in the subject
property an release any dower, curtesy, homestead, ar other rights or interests
of such spouse therein,
10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising
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from it. This prohibition does not apply to the extent this option is with a corporation for the corporation's eneral benefit,
t.
11. Contingent Fees:
a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except
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bona fide employees or bona fide established commercial or selling agencies maintained by the seller far the purpose
of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at
its sole discretion, to deduct from the contract price or consideration, or otherwise recover from seller the full amount
of the commission, percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having listings on property for sale, in accordance with general business
practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as
bona fide employees or agencies within the exception contained in this clause.
12. The terms and conditions aforaeaid are to apply to and bind the heirs, executors, administrators, successors, and
assigns of the seller.
13. The seller agrees that the Postal Service may acquire title to said land by condemnation or other judciaI
proceedings, in which event the seller agrees to cooperate pe rate with the Postal Service in the prosecution of such
proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just
compensation, inclusive of interest, for the taking of said land; agrees that any and all awards or just compensation that
may be made in the proceeding to any defendant shall be payable and deductible from the said amount.
14. Seiler warrants that as of the date of this offer and of transfer of title, except as specifically identified in this
agreement, (1) the property (including the land, surface water, groundwater, and improvements to the land) is free of all
contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state
or federal law. and (2) there are no underground storage tanks or associated piping on the property. This warranty
survives transfer of title and shall be binding upon seller, its successors and assigns.
15. Ali terms and conditions with respect to this offer are expressly contained herein and the seller agrees that no
representative or agent of the Postai Service has made any representation or promise with respect to this offer not
expressly contained herein.
16. Seller warrants that legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the
entirety, etc.)
St Croix West Holdings, LLC.
SEP -23 -99 12 :15 From :US POSTAL SERVICE KC FSO
UNITED STATES SERVICE.
Date: T 1 '
John Low, Chief Mangy
Print aotiers
Robert G. Briggs, Treasurer
Pant Sellers Name*
Pant Sullen; Name*
Print Sellers Name *
.. ...... ..................:............
Print Sellers Name*
............... ............................... .
Print Sailers Name
......................................... ...............................
Pant Sollars Noma'
............................ ...............................
Print Seers Nacre'
Notice of acceptance of this offer to be sent to:
Seller: Addree5:
Telephone No:
Taxpayer !D:
Witness to Seller**
Date:
Acceptance of offer To Sell Real Property
............. ............................... .
Print Name and Title of Contracting Officer
KC FACILITIES SERVICE OFC
6800 w 64TH ST STE 100, OVERLAND PARK, KS 66202 -4179
j - Addreaa of �ontractina Officer
PS Form 8339, July 1 997
9132612510
Signa
Signature
Signature
Offer to Sell Real Property
Signature
Signature
. ...............................
Bis fl.ture
Signature
1835 Northwestern Av nue, St;iIIwatex, MIS' 55082
(651) 351 -2112
41-1690644
Witness to Seiler'
• All individuals or co-owners must sign. If married, the spouse also must sign. If unmarried, the owner's legal marital status must be indicated. if
the property is owned by a partnership, all partners must sign or if a limited partner hip, the general partner(s) must sign. If the ro ert Is in an
estate or owned by a corporation, evidence of authority of the signatories must accompany the option. P p y
**This spate ba used for witnastroc to signotutaoa if required by State law.
The offer of the Seller contained herein is hereby accepted for and on behalf of the United States Post Service.
eNioe.
THOMAS AGGEN
T -823 P.04105 Job -592
SEP- 23°88 12 :15 From :US POSTAL SERVICE KC FS()
uNIrEa srares
FOST4L SERVICE
Facility hams /Location
STILLt ATER, MN - CARRIER ANNEX (268980-G01) Pro y�
� ®c�, X259
L
18. The Postal Service acknowledges that the land is subject Conditions and Restrictions dated the a ect to Declaration of
he �lt day of October, 1994, in
instrument filed for record December 13, 1994 as Document No. 825979. '
use its best and all, reasonable efforts to obtain an amendment of the Declaration hs Seiler shall
of
Covenants, Conditions and Restrictions which suspends the force and effect of
Covenants
�. Service, a statutory
and 7aB, upon the land as long as the United States Posta ty
y
successor, or the united states of America (including one of its departments, agencies
or statutory entities) owns the land.
The Seller shall provide a copy of the proposed instrument of amendment to commercial
Partners `Title LLC and the Postal Service for approval, prior to obtaining
the various lot owners and the consent of their mart p nng signatures o f
mortgagees.
Closing of the purchase shall be delayed until such amendment is completed. Should
Seller fail to obtain such an amendment signed by all. owners of Lots 1 -'7 Lus outl
Block 1, and sots 1 ®l� Block � P of A,
2, all in Kern Center 2nd Addition, by November 3, 1999,
then the Postal Service may elect to terminate the contract that results from its
acceptance of tris Offer to Sell Real Property.
19. Following acceptance of this Offer by the Postal Service, the Seller shall obtain
the vacation of the drainage and utility easements along the norther. line of Lot 1 and
d
thQ Southerly lino of Lot 2, axc pt for the easterly and westerly 10 feet thereof.
The Seller shall provide a copy of the City of oak Park Heights' proposed .in &trument (& )
of vacation to Commercial Partners Title LLC and the Postal Service for approval, prior
to final action of the city upon the vacation.
pp p
Closing of the purchase shall be delayed until such easement vacation is completed.
Should Seller fail to obtain such easement vacation, by November 3, 1999, then the
Postal Service may elect to terminate the contract that results from its acceptance of
thin Offer to Sell Real Property.
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20. Cost& for the ektanojon of sanitary newer and city water to the site sha11 be the
responsibility of the Postal Service and not the Seller. Costs for the extension and
improvement of Mcmnrial Avenue North to 55th trtivet North, and costs for improvemento to
55th Street North shall be the responsibility of the Postal Service and not the Seller.
All other taxes, assessments, and encumbrances shall be satisfied in accordance with
Paragraph 4 of this Offer to Sell.
REOTSADQEND (Auq. 96,v1.14, P)
Page 1 of 1
9132612510
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Addendum
PROM
PHONE NO : 4302490 May 11 1999 04:2 ?PM P3