10-27-2004 Council Agenda - Laserfiche WebLink

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abandoned individual sewage treatment system on the property, then Minnesota law requires that the location of the system be disclosed to Buyer with a map. {Attach Seller 's Disclosure of Individual Sewage Treatment System with map completed. J 20. Buyer's Contingencies. This Purchase Agreement is subject to the following contingencies which must be performed or occur before the Date of Closing of this transaction or such other date specified herein. (a) This Contract is contingent upon the Buyer's approval of the appraised value of the property. In the event the Buyer does not agree with the appraised value, either party shall have the option to 1) negotiate a purchase price; or 2) cancel the Purchase Agreement at which time the Buyer's earnest money shall not be refundable. In the event this Contract is cancelled the Buyer shall sign a Cancellation of Purchase Agreement. (b) This Purchase Agreement is contingent upon Buyer obtaining by February 23, 2005, all necessary approvals, architectural reviews, licenses, zoning, conditional use permits, variances, building permits, environmental permits, environmental approvals, and all other necessary permits, licenses and approvals (or has obtained reasonable assurances acceptable to Buyer, in its sole discretion, that such approvals will be available) for the intended development of Ramsey - Washington Metro Watershed District's headquarters. Buyer shall promptly proceed to obtain such permits, licenses, approvals and /or assurances. Seller shall assist Buyer in applying for rezoning, necessary licenses, conditional use permits, variances, building permits, environmental permits, and all other necessary permits for the development of the property as Buyer may determine to be necessary, but at no cost to Seller. (c) This Purchase Agreement is also contingent upon Buyer determining by December 1, 2004, that the proposed development can be constructed on the property without the use of piling, extraordinary filling, or similar extraordinary land preparation steps which would make it financially impractical for Buyer's intended use. All tests and inspections shall be conducted in such a manner so as to prevent any damage to the property. Buyer shall promptly determine the soil conditions of the property and make the necessary calculations. Buyer shall promptly pay for all services rendered in conducting such tests and inspections and will not allow any mechanic's liens to attach to the property. Buyer shall indemnify Seller from all such costs, expenses and liens. Buyer and its authorized agents, shall have the limited right from the date of this Purchase Agreement, to enter upon the property to make such surveys, measurements, soil tests, and other tests as Buyer deems necessary, but without expense to Seller. (d) This Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, a Phase I Environmental Assessment of the property by December 1, 2004, sufficient to meet the diligence requirements of federal and state law, certified to Buyer as of a current date (no earlier than the date of this Purchase Agreement) evidencing conditions satisfactory to Buyer. Buyer shall promptly retain a qualified environmental scientist to 8 - 1 0 -