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2 <br />C. Closing Fees and Costs <br />The successful respondent will be solely responsible for paying all closing fees and costs, <br />including, but not limited to, a survey, if desired by respondent, any tests desired by <br />respondent, title commitment fees, title search and examination fees, any title insurance <br />premiums or the cost of any endorsements, closing fees charged by the closing company, <br />any brokers’ fees or commissions, respondent’s attorneys’ fees, the state deed tax, the <br />cost of recording the deed, and any escrow fees. The City will be responsible for the cost <br />of making title to the Property marketable and the City’s attorneys’ fees. <br />D. Commission <br />The City agrees and acknowledges that it has not engaged the services of any agent or <br />broker for the sale of the Property. In the event that the successful respondent has engaged <br />an agent or broker, the respondent will be solely responsible for the payment of said agent <br />or broker, and said fees must not be deducted from the purchase price. <br />E. Earnest Money Deposit <br />Within five business days after all parties signing a purchase agreement, the successful <br />respondent will be required to deposit 10 percent of the purchase price, as earnest money, <br />with a title company who will hold the earnest money in escrow. The earnest money will <br />be applied to the purchase price and will be refundable except in the event of a breach of <br />the purchase agreement by the respondent. <br />F. Proposal Submission <br />To be considered, a sealed written proposal must be submitted by the respondent to the <br />City either by mail or personal delivery no later than 3:00 p.m. on Thursday, April 1, 2021. <br />No proposals submitted by electronic mail or facsimile will be accepted. The outside of the <br />envelope must be marked “PURCHASE OF REAL PROPERTY RFP” and delivered to: <br /> <br /> City of Lake Elmo <br />Attn: City Administrator <br />3880 Laverne Ave N, Suite 100 <br />Lake Elmo, MN 55042 <br /> <br />All submissions are subject to the Minnesota Data Practices Act, Minnesota Statutes <br />Chapter 13. Pursuant to Minnesota Statutes Section 13.591, subdivision 3 (b), data <br />submitted in response to a request for proposals by a government entity are private or <br />nonpublic until the time and date specified in the solicitation that proposals are due, at <br />which time the name of the responder becomes public. All other data in a responder’s <br />proposal are private or nonpublic data until completion of the evaluation process. <br />“Completion of the evaluation process” means that the City has completed negotiating the <br />purchase agreement with the selected respondent. After the City has completed the <br />evaluation process, all remaining data submitted by all responders are public with the