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Resolution No. 15-04 EDA
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Resolution No. 15-04 EDA
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Last modified
10/9/2017 1:16:57 PM
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10/6/2017 12:58:58 PM
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EDA
EDA Document Type
EDA Resolution
Meeting Date
12/28/2015
Resolution #
15-04
Resolution Title
Approving a Purchase and Sale Agreement Between the Lino Lakes Economic Development Authority and D.R. Horton, Inc - Minnesota
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(7) <br />(8) <br />(9) <br />applicable debtor relief laws, or any other litigation contemplated by or <br />pending or threatened against Seller or the Property; <br />to the best knowledge and belief of Seller, the Property contains no <br />threatened or endangered species or endangered or protected habitats as <br />defined by applicable state and federal laws; <br />except for Seller, there are no parties with any interest in the Property <br />(marital, homestead, or otherwise), any prior agreements concerning the <br />Property (purchase agreements, options, or others) have been properly <br />terminated or cancelled in accordance with Minnesota law, and all cure <br />periods in connection with such terminations or cancellations have expired, <br />and no other signatures are required to make this Contract fully enforceable <br />by Purchaser; <br />at Closing, Seller will have and will convey to Purchaser good and <br />marketable fee simple title to the Property free and clear of any and all <br />encumbrances except the Permitted Exceptions; <br />(10) there are no underground or aboveground storage tanks currently or formerly <br />located on the Property, except as set forth on Exhibit C; <br />(11) there are no individual sewage treatment systems on or serving the Property, <br />except as set forth on Exhibit C; <br />(12) there are no wells on or serving the Property, except as set forth on Exhibit <br />C• <br />(13) the Property is not located in an area designated by the Director of the <br />Federal Emergency Management Agency as a flood zone or special flood <br />hazard area; <br />(14) no portion of the Property is or has been used as a cemetery or a graveyard; <br />and <br />(15) to the best knowledge and belief of Seller, no methamphetamine production <br />has occurred on the Property. <br />b. Specific Environmental Representations and Warranties. Seller represents, <br />warrants and covenants to Purchaser, as of the date hereof and as of the Closing Date, that: <br />(1) neither Seller nor, to Seller's best knowledge and belief, any previous owner <br />of the Property or any other person or entity has ever used, generated, <br />processed, stored, disposed of, released, or discharged any Hazardous <br />Substance on, under, about or in the vicinity of the Property or transported it <br />to or from the Property, nor, to Seller's knowledge, has any person or entity <br />ever alleged that any such activities have occurred; and <br />9 <br />DRAFT 109378462-v5-drh lino lakes Purchase and Sale Agreement.docx <br />
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