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RES 22-019 APPROVING A REQUEST FOR A PRELIMINARY AND FINAL PLAT AS SA BREMER ADDITION CREATING ONE DEVELOPMENT PARCEL AND RIGHT OF WAY DEDICATION, SUBJECT TO THE REGULATIONS OF THE INTERSTATE-BREMER PUD AT 2564 KENZIE
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RES 22-019 APPROVING A REQUEST FOR A PRELIMINARY AND FINAL PLAT AS SA BREMER ADDITION CREATING ONE DEVELOPMENT PARCEL AND RIGHT OF WAY DEDICATION, SUBJECT TO THE REGULATIONS OF THE INTERSTATE-BREMER PUD AT 2564 KENZIE
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2/10/2022 12:11:11 PM
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<br />2 <br />4839-8767-9929\8 <br />2. Consideration for HRA Parcel. Lowry Retail agrees to pay $515,216.00 (the “HRA Parcel <br />Purchase Price”) for the HRA Parcel, at Closing. Lowry Retail and the HRA shall equally split <br />(50/50) the costs for soil correction related expenses incurred by Lowry Retail or Bremer in the <br />development of the HRA Parcel. The HRA participation for soil correction expenses shall be <br />capped at $60,000.00, which shall be escrowed out of the sale proceeds by the HRA with the Title <br />Company. <br />3. Consideration for Bremer Parcel. HRA agrees to pay One Hundred Forty-five Thousand Eighty <br />and no/100 Dollars ($145,080.00) (or $10.40 per square foot, to be confirmed and adjusted by an <br />ALTA survey, if any) (the “Bremer Parcel Purchase Price”), for the Bremer Parcel at Closing. <br />4. Timing of Closing. Subject to the following paragraphs of this Section 4, the closing of the <br />conveyances referenced in Section 1 hereof (the “Closing”) shall occur within thirty (30) days after <br />the end or earlier mutual waiver of the Due Diligence Period (as extended, if applicable), as <br />described in Section 5 below. <br />The Closing hereunder shall coincide with the closing of the sale of the Bremer Parcel and the <br />Redevelopment Property by Bremer to Lowry Multifamily pursuant to the Interstate/Bremer <br />Purchase Agreement (the “Interstate Purchase”). Accordingly, each party’s obligation to <br />complete the Closing hereunder shall be conditioned upon the simultaneous closing of the Interstate <br />Purchase, and if the Interstate/Bremer Purchase Agreement is terminated or the Interstate Purchase <br />does not close on the date of Closing, then either party shall have the right to terminate this <br />Agreement by written notice to the other at any time before Closing, whereupon neither party shall <br />have any further rights or liabilities hereunder, except as expressly set forth below. <br />Interstate agrees to provide at least 30 days’ prior written notice to HRA of the closing date for the <br />Interstate Purchase (“Closing Notice”), which Closing Notice shall (i) confirm the date of Closing, <br />calculated as provided above, (ii) be deemed a waiver of Interstate’s Due Diligence Period (if not <br />already expired or waived), and (iii) automatically shorten HRA’s Due Diligence Period (if not <br />already expired or waived) such that it shall expire on the 10th day after delivery of the Closing <br />Notice (or, with respect to the HRA’s environmental diligence on the Bremer Parcel, the HRA’s <br />Due Diligence Period shall expire no later than five (5) business days after receipt of a Phase I <br />environmental site assessment with respect to the Bremer Parcel if the HRA so elects to obtain the <br />same). <br />Interstate also agrees to provide written notice to HRA of any (i) termination of or (ii) notice of <br />default issued under, the Interstate/Bremer Purchase Agreement. <br />5. Conditions to Purchase of Parcels by each party. The buyer of each Parcel shall have a period <br />of ninety (90) days from the Effective Date (the “Due Diligence Period”) (unless a different time <br />period is provided below) to satisfy or waive the following conditions, at the buyer’s sole <br />discretion: <br />(a) Satisfaction as to economic feasibility and financing of the purchase of the Parcel for the <br />buyer’s intended use (which for purposes of this Agreement, means the Node Project or <br />the New Bremer Project, as applicable); <br />(b) Review and acceptance of any environmental and/or property documentation provided by <br />the seller;
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