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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />Date <br /> <br />Page 2 of 4 Pages <br /> <br />developed, the street improvement will be paid pursuant to the <br />City's subdivision policies. <br /> <br />5. CONTINGENCY: This Agreement is contingent on the City <br />entering into an Amended Development Agreement with Alpaca Estates <br />Partnership which Agreement provides that said partnership shall <br />(1) deposit with the City sufficient funds to pay the purchase <br />price described herein plus miscellaneous closing costs and (2) <br />convey to the City a permanent easement over, under and across <br />Outlot B, Alpaca Estates 4th Addition, Anoka County, Minnesota. In <br />the event this contingency has not been satisfied as of the closing <br />date herein, this Agreement at the BUYER'S option shall be null and <br />void and all earnest monies paid herein shall be returned to BUYER. <br /> <br />6. STREET NAME: Because of the City's street name grid system, <br />the street's official name shall be Llama Street. However, the <br />City shall take the appropriate steps to cause it to be named "Joe <br />Hipp Drive", on an also known as or "aka" basis. <br /> <br />7. SIGN PERMIT: The City will grant an exclusive easement to <br />SELLER to permanently maintain a sign on the Property at a location <br />agreed upon by the parties, except that the sign location shall be <br />such that it will not cause a safety hazard or unreasonably <br />interfere with the convenience of the traveling public. The SELLER <br />shall not be able to assign this sign permit to third persons. The <br />sign dimensions/performance standards shall be subject to the <br />City's sign code, Section 9.12. <br /> <br />8. DEED/MARKETABLE TITLE: Upon performance by BUYER, SELLER <br />shall deliver a General Warranty Deed conveying marketable title, <br />subject to: <br /> <br /> (A) Building and zoning laws, ordinances, state and federal <br />regulations; (B) Restrictions relating to use or improvement of the <br />property without effective forfeiture provisions; (C) Reservation <br />of any mineral rights by the State of Minnesota; (D) Utility and <br />drainage easements which do not interfere with existing <br />improvements <br /> <br />9. TITLE & SXAMINATION: SELLER shall, within a reasonable time <br />after acceptance of this agreement, furnish a title insurance <br />commitment to BUYER. BUYER shall be allowed 10 business days after <br />receipt of the title commitment for <br />examination of title and making any objections which shall be made <br />in writing or deemed waived. If any objection is so made, SELLER <br />shall have 10 business days from receipt of BUYER'S written title <br />objections to notify BUYER of SELLER'S intention to make title <br />marketable within 120 days from SELLER'S receipt of such written <br />objection. If notice is given, payments hereunder required shall <br />be postponed pending correction of title, but upon correction of <br /> <br /> <br />