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2389 Blaine Avenue - 17-117-23-34-0012
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09-3401, Rezoning
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Project Packet
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default, then this agreement shall be terminated and <br />upon such termination all payments made on this <br />agreement shall be retained by Barding as liquidated <br />damages; or · <br />e) Enforce the specific performance by City of this <br />agreement; or <br />f.) Resort to any and all other remedies available to <br />Harding either in law or in equity; provided, however, <br />that such action by either Harding or City, to enforce <br />specific performance of this agreement, or any action <br />by Harding under this option (f) shall be commenced <br />within three (3) months from and after said sixty (60) <br />day perio~ as to City and said ten (10) day period as <br />to Harding. <br />6 . Real Estate Taxes. Harding shall pay all real estate <br />taxes due and payable in 1982 and 1983. <br />7 • Harding's Obligations at Closing. At the closing, <br />Harding shall do the following: <br />a) Execute, acknowledge and deliver to City a general <br />Warranty Deed conveying Property A to City, which shall <br />be in form for recording. City shall provide the form <br />of deed. There is no need for Minnesota State Deed Tax <br />stamps. <br />8 • City's Obligation at Closing •. Subject to the terms and <br />conditions hereof, and after the performance by Harding of its <br />obligations, City shall be opligated to perform the City's <br />Obligations as set forth in paragraph 2 hereof. <br />9 . Use of Property by City Prior to Closing. Harding <br />agrees that from the date hereof, officers and accredited agents <br />of the City shall have the right, privilege and easement to enter <br />_upon, across and under Property A for all lawful purposes in <br />connection with the acquisition thereof including the right, <br />privilege and easement to use and occupy the property for the <br />-4-
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