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Agenda - Council - 02/11/2014
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Agenda - Council - 02/11/2014
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/11/2014
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PURCHASE AGREEMENT: <br />VACANT LAND (RESIDENTIAL) <br />122. Page 4 Date 01/08/14 <br />123. Property located at <br />6203 Rivlyn Ave Ramsey 55303 <br />124. TITLE AND EXAMINATION: Within a reasonable time period after Final Acceptance Date of this Purchase Agreement, <br />125. Seller shall provide one of the following title evidence options, at Seller's selection, which shall include proper searches <br />126. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments to Buyer <br />127. or Buyer's designated title service provider: <br />128. (1) A commitment for an owner's policy of title insurance on a current ALTA form issued by an insurer licensed to write <br />129. title insurance in Minnesota as selected by Buyer. Seller shall be responsible for the title search and exam costs <br />130. related to the commitment. Buyer shall be responsible for all additional costs related to the issuance of the title <br />131. insurance policy(ies), including but not limited to the premium(s), Buyer's name search and plat drawing, if any. <br />132. Seller shall surrender a copy of any owner's title insurance policy and Abstract of Title, if in Seller's possession or <br />133. control, for this Property to Buyer or Buyer's designated title service provider. <br />134. (2) An Abstract of Title certified to date if Abstract Property or a Registered Property Abstract (RPA) certified to date <br />135. if Registered (Torrens) Property. Seller shall pay for the abstracting or RPA costs and surrender any abstract for <br />136. this Property in Seller's possession or control to Buyer or Buyer's designated title service provider. If Property is <br />137. Abstract and Seller does not have an Abstract of Title, Option (1) will automatically apply. <br />138. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event that Seller has not <br />139. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in <br />140. the alternative, Buyer may waive title defects by written notice to Seller. In addition to the 30-day extension, Buyer <br />141. and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party may declare <br />142. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other <br />143. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, <br />144. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and <br />145. directing all earnest money paid hereunder to be refunded to Buyer. <br />146. SUBDIVISION OF LAND, BOUNDARIES, AND ACCESS: If this sale constitutes or requires a subdivision of land <br />147. owned by Seller, Seller shall pay all subdivision expenses and obtain all necessary governmental approvals. This <br />148. provision deals with the necessity of subdividing land to complete the sale of the Property described herein in contrast <br />149. to the subdivision provision of lines 54-55 which deals with the future development plans of Buyer. Seller warrants the <br />150. legal description of the real Property to be conveyed has been or shall be approved for recording as of the date of <br />151. closing. Seller warrants that there is a right of access to the Property from a public right of way. <br />152. MECHANIC'S LIENS: Seller warrants that prior to the closing, payment in full will have been made for all labor, <br />153. materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing. <br />154. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation <br />155. proceedings or violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seller <br />156. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any <br />157. such notices received by Seller shall be provided to Buyer immediately. <br />158. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or improvements provided <br />159. by Seller, third party, or broker representing or assisting Seller are approximate. Buyer shall verify the accuracy of <br />160. information to Buyer's satisfaction, if material, at Buyer's sole cost and expense. <br />161. ACCESS AGREEMENT: Seller agrees to allow Buyer reasonable access to the Property for performance of any <br />162. surveys, inspections or tests or for water, sewer, gas or electrical service hookup as agreed to herein. Buyer shall <br />163. restore the premises to the same condition it was in prior to the surveys, inspections or tests and pay for any restoration <br />164. costs relative thereto. <br />165. RISK OF LOSS: If there is any loss or damage to the Property between the date hereof and the date of closing for <br />166. any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property <br />167. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's <br />168. option, by written notice to Seller or licensee representing or assisting Seller. If Buyer cancels this Purchase Agreement, <br />169. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and <br />170. directing all earnest money paid hereunder to be refunded to Buyer. <br />171. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. <br />172. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as specified) <br />173. following the occurrence of the event specified and includes subsequent days (calendar or Business Days as specified) <br />174. ending at 11:59 P.M. on the last day. <br />MN:PA:VL-4 (8/13) ipoSntrisfiCt <br />
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