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10.1. SR 11-04-2013
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10.1. SR 11-04-2013
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City of <br /> Elk - - <br /> River <br /> 13065 Orono Parka ai <br /> Elk Rimer,UN 55330 <br /> July 1,X13 <br /> Richard Erdrnann <br /> Executive Vice President and General Counsel <br /> The Conservation Fund <br /> 1655 North Fort Myer Drive, Suite 1300 <br /> Arlington, Virginia 22209 <br /> RE:Houlton Farm, Elk River,MN <br /> i <br /> Dear Mr.Erdmann: <br /> We have discussed this project with Steve Hobbs and the City of Elk River (City)requests the <br /> assistance of The Conservation Fund (the "Fund") to acquire and permanently protect the above- <br /> referenced property. We believe your help is critical as we assemble all of the necessary�iesources <br /> to obtain ownership of this roughly 340-acre natural resource area (the"Property"). Protection of <br /> the Property is a high priority for the City and our partners as an important regional park and <br /> natural area. <br /> The City is requesting that the Fund provide professional guidance and technical assistance to the <br /> City to facilitate the process of acquiring the Property. Itis anticipated that the Fund will provide <br /> transactional assistance in acquiring the property from the current willing seller and work with the <br /> City to secure funding for the purchase. The City and the Fund understand that it may not be <br /> possible to either secure sufficient funding or complete this acquisition. <br /> The parties acknowledge that a great deal of tune,effort,and risk is required of the Fund to <br /> successfully complete this project, including securing funding,working with the seller, and <br /> completing the necessary due diligence. It is also understood that the Fund may need to pre- <br /> acquire the Property and hold it for a time,at some risk and cost to the Fund, in order to secure <br /> the transaction for the City. <br /> The City agrees to reimburse the Fund, only from grant funds and donations it receives with <br /> the assistance of the Fund, for its costs related to the transaction including: actual expenses for <br /> appraisal, legal,title review, survey,property taxes, environmental survey,staff time of the fund,in <br /> accordance with the billing rates attached hereto as Exhibit"A", (not to exceed$77,000),closing <br /> costs,and interest at 4.25%annually, should we incur such expenses. These costs are only payable <br /> to the Fund upon final acquisition of the Property by the City from the Fund. If the Fund pre- <br /> acquires the Property,but, for any reason, the City is unable to complete its acquisition of the <br /> Phone:763.635.1000 F 0 1 E H E Q 6 Y <br /> Fax:763.635.1090 NATURE <br /> www.E&River li�.goer <br />
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