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Agreement and that the Sellers may be eligible for relocation assistance and benefits and that the <br />Purchase Price includes compensation for any and all relocation assistance and benefits for <br />which the Sellers may be eligible and the Sellers agree to waive any and all further relocation <br />assistance benefits. The provisions of this paragraph shall survive closing of the transaction <br />contemplated by this Purchase Agreement. <br />13. Risk of Loss. If there is any loss or damage to the Property between the date <br />hereof and the Closing Date, for any reason including fire, vandalism, flood, earthquake or act of <br />God, the risk of loss shall be on the Sellers. If the Property is destroyed or substantially <br />damaged before the Closing Date, this Agreement may become null and void, at the Buyer's <br />option. At the request of the Buyer, the Sellers agree to sign a cancellation of Agreement. <br />14. Default/Remedies. If the Buyer defaults in any of the covenants herein, the <br />Sellers may terminate this Agreement, and on such termination all payments made hereunder <br />shall be retained by the Sellers as liquidated damages, time being of the essence. This provision <br />shall not deprive either party of the right to enforce specific performance of this Agreement, <br />provided this Agreement has not terminated and action to enforce specific performance is <br />commenced within six months after such right of action arises. In the event the Buyer defaults in <br />its performance of the terms of this Agreement and Notice of Cancellation is served upon Buyer <br />pursuant to Minn. Stat. Section 559.21, the termination period shall be thirty (30) days as <br />permitted by Minn. Stat., Section 559.2 1, Subd. 4. <br />15. Notice. Any notice, demand, request or other communication which may or shall <br />be given or served by the parties, shall be deemed to have been given or served on the date the same <br />is personally served upon one of the following indicated recipients for notices or is deposited in <br />the United States Mail, registered or certified, return receipt requested, postage prepaid and <br />addressed as follows: <br />SELLER: Ronald J. and Lori L. Touchette <br />7078 East Fish Lake Road <br />Maple Grove, MN 55311 <br />BUYER: Housing and Redevelopment Authority of the City of Elk River <br />Attn: Amanda Othoudt <br />13065 Orono Parkway <br />Elk River, MN 55330 <br />AGENT: Kennedy & Graven, Chartered <br />ATTN: Sarah Sonsalla <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis, MN 55402 <br />16. Section 1031 Exchange. If the Sellers desire to have this transaction constitute a <br />like -kind exchange of properties utilizing the provisions of Section 1031 of the Internal Revenue <br />Code of 1986, as amended, the Buyer agrees to cooperate with the Seller in order to effectuate <br />and facilitate such an exchange, provided that: (a) the exchange does not delay the Closing under <br />8 <br />525535v2 SJS EL18548 <br />