2019-01-09 CC Set Agenda - Laserfiche WebLink

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TO SELLER: TO BUYER: City of Centerville Midwest Best Water Sales ATTN: N1arhStatz ATTN: Pet McKasy 1880 Main Street 532 Apollo Drive Centerville, MN5hO88 Lino Lakes, k8N55O14 With acopy to: With acopy to: Michael A. Brass Colliers International 59@5Rice Creek Parkway, Suite 105 Shoreview, MW55126 23. Miscellaneous. The waiver by either party hereto of any condition or the breach of any term, covenantor condition herein contained shall not be deemed to be a waiver ofany other condition orofany subsequent breach of the same mrmfany other term, covenant or condition herein contained, No waiver shall be binding upon either party mm|eou mode by written notice to the other party, Time is of the essence of this Agreement, This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Minnesota and the parties hereto hereby agree and consent and submit themselves to any court of competent jurisdiction situated in the State of Minnesota, If for any reason any term or provision of this Agreement shall bedeclared void and unenforceable by any court of law or equity it ahadU only affect such particular term or provision ofthis Agreement and the balance of this Agreement shall remain in fU|| force and effect and shall be binding upon the parties hereto. This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument, The parties agree that signatures upon this Aomeament tnansmi#edbyelectronic means including annai| orfacsimile shall euf5parties.- rties. /\|| ofthe warranties, oovenomts, and representations made herein by either Seller or Buyer shall survive Closing and the delivery of the Deed to Buyer, or the earlier termination of this Agreement, as set forth in this Agreement, AN understandings and agreements heretofore had between the parties are merged into this Agreement which alone fully and omrnp|etm|y expresses their agreement. Further, when duly executed by the partiaa. isAmna8nnantmupemedes and' renders null and void any letter of intent or letter of understanding between the parties pertaining to the Property, This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns ofeach ofthe parties hereto and shall not merge with the deed delivered to Buyer at Closing. This Agreement may be assigned or transferred by Buyer atany time without consent of Se||er, including, without limitation, toalender cfBuyer, provided the assignee agrees tobe bound bvthe terms ofthis Aoreement. Upon, such mssignnnent. Buyer shall have nofu�herorother u�|ige@onsunder this Agreement. - 24. Blocked Persons. Neither SeNer nor 8uyer, nmr, to the actual knowledge mfSeller and Buyg/, any of their affi|iatea, is in violation of any laws relating to terrorism or money laundering ("Anti-Terrorism Lams"). including Executive (}/der No. 13224 on Terrorist Fimano|oQ. effective September 24, 2001 ([Me "Executive Order"), and the Uniting and Strengthening /\nneriue by Providing Appropriate,Tools Required to Intercept and Obstruct Terrorism Act of 2001. Public Law 107-56. Neither party hereto nor. to the knowledge of the parties, any oftheir affiliates, or their respective brokers orother agents acting or benefiting in any capacity in connection with the transaction contemplated herebw, is any of the following: (a) a person or entity that is |iehsd in the annex to, or is otherwise emtAact to the provisions of, the Executive Order; (b) a person or entity owned or controlled by, or acting for mron behalf of, any person or entity that is ||otad in the annex to, oriootherwise subject to the provisions of, the Executive Order; (c) e person orentity with which either party is prohibited from dealing mrotherwise engaging inany transaction byany Anti- Terrorism Law; (d) a person or entity that commits, threatens wrconspires to commit or supports "bmrrnhs0^ as defined in the Executive Order; or(e) a person or entity that is named as a "specially designated national and blocked person" on the most current list published by the U.S. Treasury Department Office ofForeign Asset Control atits official website or any replacement website or other replacement official publication of such |iet. Neither party, nor to the knowledge of either party, any of its brokers orother agents acting in any capacity in connection with the transaction oVnternp|ated - 1D - 54 ____-___