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2. HRSR 04-14-2020
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2. HRSR 04-14-2020
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4/21/2020 11:40:16 AM
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City Government
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HRSR
date
4/14/2020
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and the Closing Date, for any reason including fire, vandalism, flood, earthquake, or act of God, <br />the risk of loss shall be on the Seller.If the Property is destroyed or substantially damaged before <br />the Closing Date, this Agreement may become null and void, at the Buyer’s option. At the request <br />of the Buyer, the Seller agrees to sign a cancellation of Agreement. <br />13.Default/Remedies.If the Buyerdefaults in any of the covenants herein,theSeller <br />may terminate this Agreement, and on such termination all payments made hereunder shall be <br />retained bytheSelleras 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 <br />six months after such right of action arises. In the eventtheBuyerdefaults in its performance of <br />the terms of this Agreement and Notice of Cancellation is served upontheBuyerpursuant to Minn. <br />Stat. Section 559.21, the termination period shall be thirty (30) days as permitted by Minn. Stat., <br />Section 559.21, Subd. 4. <br />14.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 thesame <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:Cora Smith Trust <br />Attn:Tim Smith, Secretary/Treasurer <br />406 Main Street NW <br />Elk River, MN 55330 <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 />BUYER’SKennedy & Graven, Chartered <br />COUNSEL:ATTN: Sarah Sonsalla <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis, MN 55402 <br />15.Relocation Benefits. The SelleracknowledgesthattheSellerinitiated negotiations <br />with the Buyer for the transaction contemplated by this Purchase Agreement, and that this <br />transaction is not made under threat of condemnation bytheBuyer. The Seller agreesto waive <br />any and all relocation benefits, assistance and services to whichtheSellermight otherwise be <br />eligible. The Selleragreesto provide totheBuyer at closing an executed waiver of relocation <br />benefits in substantially the form of the attached Exhibit C. <br />16.Entire Agreement. This Agreement, exhibits, and other amendments signed by the <br />parties, shall constitute the entire Agreement between the Seller and the Buyer and supersedes any <br />8 <br />
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