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EL185\75\970271.v2 <br />FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT <br />This Fourth Amendment to Purchase and Sale Agreement (this “Fourth Amendment”) is made <br />this _____ day of August, 2024 by and between the Elk River Housing and Redevelopment Authority, <br />a Minnesota body corporate and politic (the “HRA”) and Ronald J. Touchette, a married person (the <br />“Buyer”). <br />WHEREAS, the HRA and the Buyer entered into that certain Purchase and Sale Agreement dated <br />June 21, 2023, as amended by that certain First Amendment to Purchase and Sale Agreement dated <br />March 14, 2024, as further amended by that certain Second Amendment to Purchase and Sale <br />Agreement dated May 29, 2024, and as further amended by that certain Third Amendment to Purchase <br />and Sale Agreement dated July 5, 2024 (as amended, the “Agreement”) providing for the conveyance <br />by the HRA to the Buyer of certain property located in the City of Elk River, Sherburne County, <br />Minnesota and legally described on the attached Exhibit A (the “Property”); and <br />WHEREAS, the HRA and the Buyer desire to further amend the Agreement on the terms and <br />conditions set forth herein. <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 />1. Amendment to Paragraph 4.3 of the Agreement. The following paragraphs will be added to <br />Paragraph 4.3 of the Agreement to read as follows: <br />4.3.5 The HRA warrants that all necessary or required water and sanitary sewer utility <br />disconnections to the Property have been made and any restorations associated <br />with the same have been completed. <br />Additionally, the HRA specifically represents and warrants that with respect to <br />the HRA, the Buyer shall have no responsibility to maintain, protect or provide <br />for the continuation of the use of any portion on, over or under the Property by <br />any private water connections to other properties that are not part of the <br />Property to be conveyed, that are not contained within the current utility <br />easements as shown on the Survey attached herein as Exhibit 4A. This <br />representation and warranty by the HRA shall survive Closing. <br />2. Amendment to Paragraph 5.1.4 of the Agreement. Paragraph 5.1.4 of the Agreement is <br />amended to read as follows: <br />5.1.4 Development Agreement. The HRA agrees that the Buyer shall not be required <br />or obligated to obtain or negotiate any development agreements with the HRA <br />in order to obtain or as part of the requirements to obtain a building permit for <br />the Buyer’s Medical on Main building project. <br />3. Amendment to Paragraph 6.1.1 of the Agreement. Paragraph 6.1.1 of the Agreement is <br />amended to read as follows: <br />Page 4 of 45