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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. om E. Bauer and I. Rikki Bauer husband and wife, as joint tenants, <br /> 26608 Pierce Circle, Murrieta, CA 92562 (collectively, 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 depicted as Lot 2, Block 2, <br /> on the Preliminary Plat of NORTHSTAR BUSINESS PARK, Sherburne County, Minnesota, a <br /> copy of which is attached as Exhibit A(the "Property"). The property is vacant land and has an <br /> area of approximately 2.64 acres. The Plat of NORTHSTAR BUSINESS PARK is not recorded. <br /> As set forth in Section 18(d), Buyer's obligations under this Agreement are contingent upon <br /> Seller's recording of the Plat of NORTHSTAR BUSINESS PARK on or before the Date of <br /> Closing, as defined in Section 11. The term "Property," as used in this Agreement includes all <br /> hereditaments and appurtenances to the Property. The Parties do not contemplate the <br /> conveyance of any personal property pursuant to this 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 /> 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 submission of a signed copy of this <br /> Purchase Agreement to Seller, Seller will publish the required notice of and hold the hearing <br /> required by Minnesota Statute Section 469.105, Subd. 2. If, at the hearing, Seller's Board does <br /> not adopt a resolution approving a sale pursuant to the terms of this Agreement, Buyer may <br /> terminate this Agreement pursuant to Section 18(f), or Seller may terminate this Agreement <br /> • pursuant to Section 19(a). If Seller's Board adopts a resolution approving a sale pursuant to the <br /> terms of this Agreement and a taxpayer appeals Seller's decision in accordance to Minnesota <br /> Statute Section 469.105, Subd. 3, Seller must give Buyer written notice of the appeal, and Buyer <br /> 1787623v4 <br />