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Page 17 <br /> POPHAM , HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD. <br /> Mr. Walter R. Benson <br /> May 22, 1980 <br /> Page Two <br /> - - `t <br /> about the mistake and it was difficult for Sweezo and <br /> Wangensteen to get them to agree to execute the corrected <br /> deeds. <br /> Once Z learned of the mistake, I instructed the engineer to <br /> meet again with Wangensteen and to give him the correct legal <br /> description, which he did. New deeds were drafted and circu- <br /> lated by Wangensteen and now apparently obtained. <br /> I have spoken to Mr. Wangensteen and he informs me that he <br /> informed the City Engineer at the second of their meetings <br /> that an additional $500 would have to be added to the pur- <br /> chase price because of those hassles. Wangensteen informed <br /> me that the $500 is necessary to pay attorney fees incurred <br /> by Sweezo over the amount of attorney fees which normally - <br /> would have been incurred by the seller in a transaction of ' <br /> this type. � <br /> I indicated to Mr. ti9angensteen that it was my understanding <br /> that the Sweezos recently signed a right-of-entry agreement <br /> which had attached and incorporated therein by reference the <br /> first purchase agreement that provided for a purchase price <br /> of $7500. Wangensteen stated that he had instructed his <br /> clients prior to signing the right-of-entry agreement to <br /> amend it to include the $500, that the City Engineer knew <br /> of that requested increase at the time of the signing of the <br /> right-of-entry agreement, and therefore he hoped there would <br /> be no prob�ems with the city �ow just because his client <br /> signed a right-of-entry agreement that did incorporate a <br /> purchase agreement with a purchase price of $7500. However, <br /> even under that right-of-entry agreement, the final purchase <br /> agreement is subject to their being able to obtain the , . <br /> necessary quitclaim deeds which they could always claim <br /> they had not been able to do except at additional expense. <br /> As a matter of law, if the city does not agree to the $500 <br /> increase, the city has no contract, unless it would want to <br /> rely upon the right-of-entry agreement, but the city could <br /> make a counteroffer of a lesser amount. <br /> At worst, if no agreement is reached, the city could condemn <br /> the property. The right of entry has been signed by the Sweezos <br /> and, therefore, the construction can continue on the property . <br />