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PURCHASE AGREEMENT <br /> RELATING TO <br /> A LOT IN NATURE'S EDGE BUSINESS CENTER, <br /> SHERBURNE COUNTY,MINNESOTA <br /> 1. Parties. The parties to this Purchase Agreement are: <br /> a. The City of Elk River, a Minnesota municipal corporation, 13065 Orono <br /> Parkway, Elk River, MN 55330-5600, Attention: City Clerk, (the "Seller"); and <br /> b. Preferred Real Estate Holdings, LLC, , Rogers, MN <br /> 55330, Attention: (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 a 10.36 acre <br /> parcel in Nature's Edge Business Center located in the City of Elk River, Sherburne County, <br /> Minnesota and is the property legally described on the attached Exhibit A (the "Property"). The <br /> 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 City <br /> Council must hold a hearing on the proposed sale and must determine that the sale is in the best <br /> interest 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 Chapter 469. If, at the hearing, Seller's Council does not adopt a resolution <br /> approving a sale pursuant to the terms of this Agreement, Buyer may terminate this Agreement <br /> pursuant to Section 18(b), or Seller may terminate this Agreement pursuant to Section 19(a). If <br /> Seller's Council adopts a resolution approving a sale pursuant to the terms of this Agreement and <br /> a taxpayer appeals Seller's decision in accordance to Minnesota Statutes Chapter 469, Seller <br /> must give Buyer written notice of the appeal, and Buyer may terminate this Agreement pursuant <br /> to Section 18(b) or Seller may terminate this Agreement pursuant to Section 19(b). If neither <br /> Buyer nor Seller terminates this Agreement pursuant to Section 18(b) or Section 19(b), within <br /> five (5) business days of Seller's delivery of written notice of an appeal to Buyer, all time periods <br /> provided for in this Agreement will be tolled pending the outcome of such appeal. If neither <br /> Buyer nor Seller terminates this Agreement pursuant to Section 18(b) or Section 19(b) and a <br />