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411 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 ("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. 'Brien Holdings, LL-C-,.Minnesota limited liability company,Attention: <br /> Pat O'Brien, 9560 85th Avenue North, Maple Grove, MN 55369 (the "Buyer"), or its <br /> assigns. <br /> This Agreement sometimes refers to Seller and Buyer individually as a "Party" and collectively <br /> as the "Parties". References to a "Section" in this Agreement is a reference to one of the <br /> numbered Sections in this Agreement. <br /> • 2. Property. The real property(the "Property")that is the subject of this Agreement <br /> is located in the City of Elk River, Sherburne County, Minnesota, is depicted as Lot 2, Block 1, <br /> NORTHSTAR BUSINESS PARK on the Preliminary Plat of NORTHSTAR BUSINESS PARK, <br /> Sherburne County, Minnesota, attached to and incorporated into this Agreement as Exhibit "A", <br /> together with all hereditaments and appurtenances to and benefiting the Property. The Property <br /> is vacant land. The Plat of NORTHSTAR BUSINESS PARK is not recorded. As set forth in <br /> Section 18(d), Buyer's obligations under this Agreement are contingent upon Seller recording the <br /> Plat of NORTHSTAR BUSINESS PARK on or before the Date of Closing, as defined in Section <br /> 11. The Parties do not contemplate the conveyance of any personal property pursuant to this <br /> Agreement. <br /> 3. Purchase and Sale. Subject to Section 4, Seller agrees to sell the Property to <br /> Buyer pursuant to the terms of this Agreement, and Buyer agrees to purchase the Property from <br /> Seller pursuant to the terms of this Agreement. <br /> 4. Public Hearing. Before Seller may convey the Property to Buyer, Seller's Board <br /> of Commissioners ("Board") must hold a public hearing on the proposed sale and must determine <br /> that the sale is in the best interest of the City of Elk River and its people and furthers Seller's <br /> general plan of economic development. No later than August 8, 2005, Seller will publish the <br /> required notice of and hold the hearing required by Minnesota Statute Section 469.105, Subd. 2. <br /> If, at the hearing, Seller's Board does not adopt a resolution approving a sale pursuant to the <br /> terms of this Agreement, Buyer may terminate this Agreement pursuant to Section 18(f), or <br /> Seller may terminate this Agreement pursuant to Section 19(a). If Seller's Board adopts a <br /> resolution approving a sale pursuant to the terms of this Agreement and a taxpayer appeals <br /> Seller's decision in accordance to Minnesota Statute Section 469.105, Subd. 3, Seller must give <br /> 1787610v6 <br />