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10-28-2015 Additions
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10/29/2015 7:26:54 AM
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(j) Storage Tanks. To the best of Seller's knowledge, there are no above ground or <br />underground tanks located in or about the Property. <br />(k) All sewage generated by the property goes to a permitted Sewage Treatment <br />Facility. <br />(1) Seller hereby represents that the property will be generally cleaned of debris, <br />refuse, and waste prior to closing. Any items or materials disposed of by Seller <br />related to the preparation for this transaction shall be done in a manner <br />conforming to the laws of the State of Minnesota, Ramsey County, and the City of <br />Little Canada. <br />(m) Seller hereby represents that to the best of Seller's knowledge the production of <br />methamphetamine has not occurred on the Property. <br />(n) Buyer hereby acknowledges receipt of lead paint disclosure information. <br />(o) Buyer hereby waives all disclosures required by Minn. Stats. 513.52-513.60. <br />9. Damage. If, prior to the Closing Date, all or any part of the Property is substantially <br />damaged by fire, casualty, unforeseen elements or any other cause, Seller shall assign to Buyer <br />the proceeds of all insurance payments due that are related to such damage and the Purchase <br />Price shall remain the same. <br />10. Condemnation. If, prior to the Closing Date, eminent domain proceedings are <br />commenced against all or any part of the Property, Seller shall immediately give notice to Buyer <br />of such fact and at Buyer's option (to be exercised within thirty (30) days after Seller's notice), <br />this Agreement shall terminate, in which event neither party will have further obligations under <br />this Agreement. If Buyer shall fail to give such notice then there shall be no reduction in the <br />Purchase Price, and Seller shall assign to Buyer at the Closing Date all of Seller's right, title and <br />interest in and to any award made or to be made in the condemnation proceedings. Prior to the <br />Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the <br />condemnation proceedings without Buyer's prior written consent. <br />11. Broker's Commission. Seller and Buyer represent and warrant to each other that they <br />have dealt with no brokers, finders or the like in connection with this transaction. Both parties <br />agree to indemnify each other and to hold each other harmless against all claims, damages, costs <br />or expenses of or for any other such fees or commissions resulting from their actions or <br />agreements regarding the execution or performance of this Agreement, and will pay all costs of <br />defending any action or lawsuit brought to recover any such fees or commissions incurred by the <br />other party, including reasonable attorney's fees. <br />12. Mutual Indemnification. Seller and Buyer agree to indemnify each other against, and <br />hold each other harmless from, all liabilities (including reasonable attorneys' fees in defending <br />against claims) arising out of the ownership, operation or maintenance of the Property for their <br />respective periods of possession. Such rights to indemnification will not arise to the extent that <br />13 <br />
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