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HRA Packet July 1, 2024
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HRA Packet July 1, 2024
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7/12/2024 8:50:29 AM
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City Government
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HRSR
date
7/1/2024
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EL185\75\938781.v2 <br />THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT <br /> <br />This Third Amendment to Purchase and Sale Agreement (this “Third Amendment”) is made <br />this 1st day of July, 2024 by and between the Elk River Housing and Redevelopment Authority, a <br />Minnesota body corporate and politic (the “HRA”) and Ronald J. Touchette, a married person (the <br />“Buyer”). <br /> <br />WHEREAS, the HRA and the Buyer entered into that certain Purchase and Sale Agreement <br />dated June 21st, 2023 as amended by that certain First Amendment to Purchase and Sale <br />Agreement dated March 14, 2024, and as further amended by that certain Second Amendment to <br />Purchase and Sale Agreement dated June 3rd, 2024 (as amended, the “Agreement”) providing for <br />the conveyance by the HRA to the Buyer of certain property located in the City of Elk River, <br />Sherburne County, Minnesota and legally described on the attached Exhibit A (the “Property”); and <br /> <br />WHEREAS, due to unanticipated delays, the parties have determined to further extend the <br />Closing Date set forth in the Agreement to October 28, 2024 or such other date on which the Seller <br />and Purchaser may agree; and <br /> <br />NOW, THEREFORE, in consideration of the premises and the mutual obligations of the <br />parties hereto, each of them does hereby covenant and agree with the other as follows: <br /> <br />1. Amendment to Paragraph 5 of the Agreement. The first paragraph of Paragraph 5 of <br />the Agreement is amended to read as follows: <br /> <br />5. CONTINGENCIES WHICH MUST BE EXERCISED BY WRITTEN <br />NOTICE TO THE HRA ON OR BEFORE SEPTEMBER 27, 2024 <br />(THE “CONTINGENCY DATE”): <br /> <br />2. Amendment to Paragraph 6 of the Agreement. The first paragraph of Paragraph 6 of <br />the Agreement is amended to read as follows: <br /> <br />6. CLOSING. The closing of the purchase and sale contemplated by this <br />Agreement (the “Closing”) shall occur on October 28, 2024 or on such <br />other date on which the parties may agree (the “Closing Date”). The <br />HRA agrees to deliver possession of the Property to the Buyer on the <br />Closing Date <br /> <br />3. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain <br />in full force and effect. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Page 29 of 36
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