11-26-2001 Council Packet - Laserfiche WebLink

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Purchase A greement / PAGE SrufmNo iCOMMIIKtAi PA 17. SUBOtVISION Of LAND. If Ihis sale cooslitules or requires a subdivision of laiKl owned by Seier. Seller shad pay aa subdivision expenses and obtain all necessary governmental approvals Seller warrants that the legal descnpbon of the real property to be conveyed has been or will be approved for recording as of the date of closing 18. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota 19. WELL DISCLOSURE. ChecK one of the following X Seller certifies that Seller does not know of any wells on the descnbed real property ___Wefls on the subject real property are disclosed by Seller on the attached Well Disclosure form. 20. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Che :k either A or B } X_ A. Seller certifies that sewage generated at the property goes to c facility permitted by the Minnesota Pollution Control Agency (for example, a cit> or muniapai sewer system). ____ B. Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller-s Disclosure of Individual Sewage Treatment System is attached (attach form) [Chock either C or D J ____ C. Seller does not know if there is an abandoned individual sewage treatment system on the property X D. Seller knows that there are no abandoned individual sewage treatment systems on the property If Selter discloses the existence of an abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map [Attach ^llor-s Disclosure of Individual Sewage Tiealment System with map completed J 21. ADDITIONAL TERMS. A. CONTINGENCIES. This purchase agreement is hereby expressly made subject to the following contingencies which must be performed or occur on or before the date of closing of this transaction or such other date or dates specified herein, which date or dates of performance and occurrence Is and are hereinafter respectively called "performance dale" or "contingency dale " (1) BUYER'S DEVELOPMENT EVALUATION. This purchase agreement is contingent upon Buyer obtaining by February 28.2002. all necessary approvals, architectural reviews, licenses, zoning, conditional use pemvts. vanarKes. building permits, environmental permits, environmental approvals, and all other rrecessary permits, licenses and approvals (or has obtained reasonable assurances acceptable to Buyer, in its sole discretion, that such approvals will be available) for the contemplated development Buyer agrees to proceed expeditiously to obtain such approvals and/or assurances Seller will cooperate and assist Buyer in the preparation and prosecution of applications for rezoning. necessary licenses, conditional use permits, variances, building permits, environmental jjermits. and alt other necessary permits for the development of said property as Buyer may determine to be necessary, but at no cost to Seller (a) Sods This purchase agreement is also contingent upon Buyer determining within 30 days after acceptance of this agreement that the proposed development can be constructed on the property without the use of piling or similar extra ordinary land preparation steps which would make >t financially impractical for Buyer's intended use All soil tests and other tesU- and inspections shall be conducted in such a manner so as to prevent any damage to the property Buyer agrees to proceed expeditiously to determine the soil conditions of the property and make the necessary calculations Buyer will promptly pay for all services rendered in conducting such tests and inspections and will not allow ariy mechanic's liens to attach to or be filed against the property. Buyer will indemnify Seller from and against all suet costs, expenses and liens Buyer and its duly authorized agents, shall have the nghi during the penod from the date of this agreement through closing and thereafter, to enter in and upr'o said property in order to make such surveys, measurements, soil tests, and other tests thereof and thereon as Buyer shall deem necessary. If soil testing reveals soil conditions unable to support a foundation using standard construction techniques, this agreement is null and void at the buyers option If additional foundation or sod coneebon is required on the site, the parties agree to either renegotiate this contract or reimburse buyers for their actual cost of soil investigations up to S3,0(X}.00 and declare this contract null and void Upon this declaration both parties will sign cancellation papers and earnest money along with soil testing costs, up to the limitation, will be returned to buyers (b) Government Approval On or before the Contingency Date. Buyer shaB have obtained aO appropnate governmental approvals and permits necessary, in Buyer's sole discretion, to construct and operate the Proposed Use, which approvals may include, without limitation, appropriate zoning, conditional use permits, curbeut and other access