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101 <br />102 <br />l03 <br />104 <br />105 <br />106 <br />107 <br />108 <br />109 <br />110 <br />111 <br />112 <br />113 <br />114 <br />115 <br />116 <br />117 <br />118 <br />119 <br />120 <br />121 <br />122 <br />123 <br />124 <br />125 <br />126 <br />127 <br />128 <br />129 <br />130 <br />131 <br />132 <br />133 <br />134 <br />135 <br />136 <br />Attachment B <br />as required by Purchaser's ordinances for any development projects of <br />Seller (or Seller's successors or assigns) affecting the approximate 4.92 <br />acre parcel described on attached Exhibit E("Cherrywood Pointe") <br />subject further to the terms of this subsection. Notwithstanding an <br />increase in Purchaser's per unit park dedication fees, Seller, or its <br />successor or assigns are entitled to a waiver of 100 units of park <br />dedication fees. Seller is allowed to transfer the waiver of park <br />dedication fees of up to 100 units on Cherrywood Pointe or Applewood <br />Pointe to any successor or assign of Seller on either parcel. At closing <br />Seller and Purchaser shall execute and deliver to Title Company a <br />Memorandum Regarding Waiver of Park Dedication Fees, which at <br />Closing will be recorded against Cherrywood Pointe and which may be <br />combined with the Memorandum Regarding Waiver of Park Dedication <br />Fees of the prior section, into one Memorandum covering Applewood <br />Pointe and Cherrywood Pointe. <br />(iv) The balance of the Cash Price, One Hundred Twenty-Five Thousand and <br />No/100 Dollars ($125,000.00) shall be paid to Seller in immediately <br />available funds via wire transfer at the Closing (as defined in Section 9 <br />hereo�. <br />(v) The date this Agreement is executed by both Purchaser and Seller in <br />triplicate counterparts and delivered to Title Company with the Earnest <br />Money shall be the "Effective Date". Title Company agrees to fill in the <br />Effective Date in the space provided on the signature page hereof, and to <br />deliver original counterparts of this Agreement to each of Purchaser and <br />Seller as soon as practicable after receipt thereof. <br />CONTINGENC�ES. Notwithstanding any other provision in this Agreement to the contrary, the <br />parties agree that the purchase of the Property is subject to the following contingencies <br />(collectively, the "Contingencies"): <br />a. Title to the Property and Parking Easement Area shall be acceptable to <br />Purchaser, in its sole discretion (the "Title Contingency"), pursuant to the terms <br />of Section 6. <br />137 b. Purchaser shall have determined within thirty (30) days after the Effective Date, <br />138 that it is satisfied with the results of all matters disclosed by physical inspections, <br />139 soil tests, engineering inspections, hazardous waste and environmental reviews of <br />140 the Property, and all other tests and inspections which Purchaser deems necessary <br />141 (the "Inspection Contingency"). <br />142 <br />143 c. Purchaser is able to obtain within thirty (30) days after the Effective Date, such <br />144 written assurances and acknowledgements from and/or agreements with the <br />145 Minnesota Pollution Control Agency and other entities or parties pertaining to <br />146 the environmental condition of the Property as Purchaser determines is necessary <br />147 for Purchaser to close on this transaction (the "Environmental Assurances <br />148 Contingency"). <br />149 <br />150 d. Purchaser shall have determined within thirty (30) days after the Effective Date, <br />151 that all matters (including, without limitation, the acreage of the Land, the <br />