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2020.12.07 CC Packet
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2020.12.07 CC Packet
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City Council
Document Type
Agenda/Packets
Meeting Date
12/7/2020
Meeting Type
Regular
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11 <br /> <br /> <br />(C) No Pending Proceedings. There is no litigation, arbitration or other legal <br />proceeding threatened or pending with respect to the Real Property. Seller has <br />received no notice that the Real Property is in non-compliance with any applicable <br />governmental law, ordinance, rule or regulation. Seller has received no notice of <br />any proposed or pending special assessments against the Real Property. Seller has <br />received no notice of any curtailed or any restricted access to the Real Property. <br />Seller has received no notice of any threatened or pending condemnation or eminent <br />domain proceeding affecting the Real Property. <br /> <br />(D) Operation of Real Property. During the term of this Purchase Agreement, Seller <br />shall not grant any mortgage or otherwise permit any lien or encumbrance against <br />the Real Property. Seller shall not enter into any leases of the Real Property, except <br />such lease as may be terminated upon thirty (30) days’ written notice. <br /> <br />(E) Wells. Seller does not know of any “wells” on or serving the Property within the <br />meaning of Minn. Stat. § 103I. <br /> <br />(F) Storage Tanks. To the best of Seller’s knowledge, no above ground or underground <br />tanks are located, or have been located, in or about the Property. <br /> <br />(G) Individual Sewage Treatment Systems. To the best of Seller’s knowledge, there is <br />no “individual sewage treatment system” within the meaning of Minn. Stat. § <br />155.55 on or serving the Property. <br /> <br />(H) Methamphetamine. Seller is not aware of any methamphetamine production that <br />has occurred at the Property. <br /> <br />(I) No Other Warranties. Other than those expressly stated in this Purchase <br />Agreement, the Seller has made no other warranties or representations, and the <br />Buyer has not relied on any warranties or representations, express or implied, <br />relative to the condition of the Real Property or any other matter relative to this <br />Purchase Agreement except as set forth in this Purchase Agreement. The Buyer <br />hereby acknowledges that it has thoroughly inspected the Real Property and, other <br />than the representations and warranties set forth above, which representations and <br />warranties shall survive the applicable Closing and delivery of the Warranty Deed, <br />is purchasing the same in its "as is" condition as of the date hereof. <br /> <br />21. Cumulative Rights. Except as may otherwise be provided elsewhere herein, no right or <br />remedy herein conferred on or reserved to the Buyer or the Seller is intended to be exclusive <br />of any other right or remedy provided herein or by law, but such rights and remedies shall <br />be cumulative in and in addition to every other right or remedy given herein or elsewhere <br />or hereafter existing at law, in equity, or by statute. <br /> <br />22. Consent. Prior to execution of the Development Agreement, whenever the Seller's consent <br />shall be required herein including applications to regulatory authorities for plats, permits, <br />zoning or comprehensive plan amendments, such approval or consent shall be subject to <br />the sole and unqualified discretion of the City.
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