01-10-2024 Council Packet - Laserfiche WebLink

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8 to execute this Purchase Agreement and close upon purchase of this Property without a resolution of the City Council of the City of Little Canada approving this Purchase Agreement and authorize the Mayor and City Manage to execute all document necessary to complete closing of the Purchase of this Property. 13. Fire or Other Casualty; Condemnation. If, prior to Closing Date, eminent domain proceedings are commenced against all or any part of the Property, Sellers shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within thirty (30) days after Sellers's notice), this Agreement shall terminate, in which event neither party shall have further obligations under this Agreement and the Earnest Money, together with an y accrued interest, shall be refunded to Buyer. If Buyer shall fail to give such notice then there shall be no reduction in the Purchase Price, and Sellers shall assign to Buyer at the Closing Date all of Sellers's right, title and interest in and to any award made or to be made in the condemnation proceedings. Prior to Closing Date, Sellers shall not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without Buyer's prior written consent, which consent shall not be unreasonable withheld. 14. Assignment. Buyer shall not assign its rights under this Agreement without Sellers written consent, which written consent will not be unreasonably withheld. Buyer shall have the right to assign this Agreement and its rights and obligations hereunder, and Seller’s consent shall not be required for such assignment. All of the terms and provisions of this Agreement, and the covenants, obligations, agreements, representations and warranties contained herein, shall survive and be enforceable after Closing. 15. Notices. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, sent by facsimile (with verification of receipt) or one (1) business day after having been deposited with any overnight courier, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): If to Sellers: Donald and Mary Gagne 2828 Condit Street Little Canada, Minnesota 55117 With a copy to: If to Buyer: Chris Heineman 515 Little Canada Road East Little Canada, Minnesota 55117 With a copy to: Kelly and Lemmons, P.A. 2350 Wycliff Street St. Paul, Minnesota 55114