09-22-1999 Council Agenda - Laserfiche WebLink

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terminate this Agreement if the report(s) reveals a material condition affecting the property which is unacceptable to the Purchaser in the Purchaser's sole discretion. Should Purchaser conduct soil borings upon the property and then terminate this agreement, Purchaser shall, at its own expense, repair the boring sites to their condition prior to the borings taking place including any necessary repairs to asphalt and/or cement. Purchaser will give Seller at least 48 hours advanced notice prior to borings so that Seller may move equipment or make any adjustments necessary to accommodate the borings. In the event that this Purchase Agreement is terminated pursuant to any of the foregoing contingencies and conditions precedent, all earnest money, together with accrued interest, shall be promptly refunded to the Purchaser. 18. Notice. Any notice required or permitted by this Purchase shall be considered to have been given and received if personally delivered to the parties or their agents personally or deposited in the United States mail postage prepaid by certified or registered mail addressed to the parties at the following addresses: Seller: Purchaser: Precision Landscape & Tree, Inc. Attn: Lawrence Groholski 7993 140`s Street North Hugo, MN 55038 City of Little Canada Attn: City Administrator 515 Little Canada Road East Little Canada, MN 55117 19. Destruction. In the event the property is destroyed or substantially damaged, Seller shall assign to Purchaser Seller's right, title and interest in and to all insurance proceeds or award resulting from such destruction or taking. 20. Possession. Possession of the Property shall be granted by Seller to Purchaser at the date of closing. 21. Closing. The closing shall take place at the offices of C.I. Title, Inc. on or before October 15, 1999, unless otherwise agreed by Purchaser and Seller. At closing, Seller shall deliver to Purchaser, at Seller's expense, the documents specified in paragraph 7 of this Agreement. 22. Indemnification. Seller agrees to indemnify and hold Purchaser, its successors and assigns, harmless of and from any and all liabilities, claims, causes of action, penalties, demands and expenses of any kind or nature whatsoever (except those items which by this Agreement specifically become the obligation of Purchaser) arising out of, resulting from, relating to, or Page 99