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457530v2 SJS EL185-33 <br />PURCHASE AGREEMENT <br /> <br /> 1. PARTIES. This Purchase Agreement (this “Agreement”) is made on this _____ day <br />of _______________, 202015 (the “Effective Date”), by and between the Elk River Economic <br />Development Authority, a Minnesota body corporate and politic (the “EDA”) and Shoot Steel, Inc., <br />a Minnesota corporation (the “Buyer”). <br /> <br />2. SALE OF PROPERTY. The EDA agrees to sell to the Buyer and the Buyer agrees <br />to buy from the EDA, the real estate located at: 17565 Tyler Street in the City of Elk River, Sherburne <br />County, Minnesota, legally described on the attached Exhibit A (the “Property”). <br /> <br />3. PURCHASE PRICE AND MANNER OF PAYMENT. The Buyer shall pay the <br />EDA $378,100 dollars for the Property (the “Purchase Price”). Upon approval and execution of this <br />Agreement by the Buyer and the EDA, the Buyer shall deposit $20,000.00 in earnest money to be <br />held by the Buyer’s title company in an escrow account. Said earnest money shall be deducted from <br />the Purchase Price at Closing. <br /> <br />4. OBLIGATIONS OF THE EDA. The EDA shall provide the following <br />documentation: <br /> <br />4.1. Representations and Warranties. The representations and warranties of the EDA <br />contained in this Agreement must be true now and on the Closing Date in all material <br />respects as if made on the Closing Date and the EDA shall have delivered to the Buyer <br />on the Closing Date, a certificate dated the Closing Date, signed by an authorized <br />representative of the EDA, certifying that such representations and warranties are true <br />as of the Closing Date in all material respects (the “Closing Certificate”). <br /> <br />4.2. Title. Title to the Property shall have been found marketable, or been made <br />marketable, in accordance with the requirements and terms of Section 8 below. <br /> <br />4.3. Performance of the EDA’s Obligations. The EDA shall have performed all of the <br />obligations required to be performed by the EDA under this Agreement in all material <br />respects. Included within the obligations of the EDA under this Agreement shall be <br />the following: <br /> <br />4.3.1. The EDA agrees to cooperate with the Buyer as reasonably necessary to <br />permit the Buyer to investigate the Property. <br /> <br />4.3.2. The EDA shall deliver to the Buyer the Title Evidence required in Section 8 <br />10 days from the Effective Date of this agreement. <br /> <br />4.3.2 The EDA shall deliver to the Buyer copies of all surveys, the plat, civil plans, <br />soils reports, environmental reports (including all investigations performed on <br />the Property in the last five years), and title work relating to the Property which <br />are in the EDA’s possession or control within ten (10) days from the Effective <br />Date of this Agreement.