Laserfiche WebLink
<br />retained by the Seller as liquidated damages, time being of the essence. This provision shall not <br />deprive either party of the right to enforce specific performance of this Agreement, provided this <br />Agreement has not terminated and action to enforce specific performance is commenced within six <br />months after such right of action arises. In the event the Buyer defaults in its performance of the <br />terms of this Agreement and Notice of Cancellation is served upon Buyer pursuant to Minn. Stat. <br />Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., <br />Section 559.21, Subd. 4. <br /> <br /> Notice. <br />16.Any notice, demand, request or other communication which may or shall be <br />given or served by the parties, shall be deemed to have been given or served on the date the same is <br />personally served upon one of the following indicated recipients for notices or is deposited in the <br />United States Mail, registered or certified, return receipt requested, postage prepaid and addressed <br />as follows: <br /> <br />SELLER: Quinn Avenue, LLC <br />Attn: Nathan Snyder <br />th <br /> 4679 137 Street W13461 Georgia Circle <br /> Apple Valley, MN 55124 <br /> <br /> <br />BUYER: City of Elk River <br />Attn: Amanda Othoudt <br />13065 Orono Parkway <br />Elk River, MN 55330 <br /> <br /> AGENT: Kennedy & Graven, Chartered <br /> ATTN: Jenny Boulton <br /> 470 U.S. Bank Plaza <br /> 200 South Sixth Street <br /> Minneapolis, MN 55402 <br /> <br /> Entire Agreement. <br />17.This Agreement, Exhibit, and other amendments signed by the <br />parties, shall constitute the entire Agreement between the Seller and the Buyer and supersedes any <br />other written or oral agreements between the parties relating to the Property. This Agreement can <br />be modified only in a writing properly signed on behalf of the Seller and the Buyer; except that the <br />Closing Date may be extended up to six months by written agreement of the Seller and the Buyer <br />without further approval by the City Council. The Buyer’s staff is hereby authorized to execute <br />agreements to extend the Closing Date up to six months from the Closing Date at paragraph 7 above. <br /> <br /> Survival. <br />18.Notwithstanding any other provisions of law or court decision to the <br />contrary, the provisions of this Agreement shall survive closing. <br /> <br /> Binding Effect. <br />18.This Purchase Agreement binds and benefits the parties and their <br />heirs, successors and assigns. <br /> <br />8 <br /> <br />505045v34 SJS EL185-13 <br />