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4, I7LLyeJam" <br /> PURCHASE AGREEMENT / <br /> RELATING TO <br /> A LOT IN NORTHSTAR BUSINESS PARK, <br /> SHERBURNE COUNTY,MINNESOTA <br /> 1. Parties. The parties to this Purchase Agreement are: <br /> a. The Economic Development Authority of the City of Elk River, a body <br /> corporate and politic organized pursuant to Minnesota Statutes, Section 469.090 to <br /> 469.1082, 13065 Orono Parkway,Elk River,MN 55330-5600,Attention: Executive <br /> Director, (the"Seller"); and <br /> b. Provo Enterprises LLC 17520 Tyler Street Elk River,MN 55330, <br /> Attention: Bryan Provo, General Manager(the"Buyer"). <br /> This Agreement sometimes refers to Seller and Buyer individually as a"Party"and collectively <br /> as the"Parties". <br /> 2. Property. The real property that is the subject of this Agreement is located in the <br /> City of Elk River, Sherburne County,Minnesota and is the property legally described as <br /> Outlot A,NORTHSTAR BUSINESS PARK, Sherburne County, Minnesota(the"Property"). <br /> The property is vacant land. The term"Property",as used in this Agreement includes all <br /> hereditaments and appurtenances to the Property. No personal property will be conveyed <br /> pursuant to this Agreement. <br /> 3. Purchase and Sale. Subject to the contingencies set forth herein, Seller agrees to <br /> sell the Property to Buyer pursuant to the terms of this Agreement,and Buyer agrees to purchase <br /> the Property from Seller pursuant to the terms of this Agreement. <br /> 4. Public Hearing. Before Seller may convey the Property to Buyer, Seller's Board <br /> must hold a hearing on the proposed sale and must determine that the sale is in the best interest <br /> of the City of Elk River and its people and furthers Seller's general plan of economic <br /> development. Within a reasonable period after Buyer submits a signed copy of this Purchase <br /> Agreement to Seller, Seller will publish the required notice of and hold the hearing required by <br /> Minnesota Statute Section 469.105, Subd.2. If,at the hearing, Seller's Board does not adopt a <br /> resolution approving a sale pursuant to the terms of this Agreement, Buyer may terminate this <br /> Agreement pursuant to Section 18(b),or Seller may terminate this Agreement pursuant to <br /> Section 19(a). If Seller's Board adopts a resolution approving a sale pursuant to the terms of this <br /> Agreement and a taxpayer appeals Seller's decision in accordance to Minnesota Statute Section <br /> 469.105, Subd. 3, Seller must give Buyer written notice of the appeal, and Buyer may terminate <br /> this Agreement pursuant to Section 18(b)or Seller may terminate this Agreement pursuant to <br /> Section 19(b). If neither Buyer nor Seller terminates this Agreement pursuant to Section 18(b)or <br /> Section 19(b),within five(5)business days of Seller's delivery of written notice of an appeal to <br /> Buyer,all time periods provided for in this Agreement will be tolled pending the outcome of <br />