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CCP 05-27-2008
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CCP 05-27-2008
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rProperty. The Buyer will repair any damage caused by the Buyer's activities on the <br />Property. <br />Exchange Parcel: The Buyer will inform Seller when it has obtained the right for itself <br />and for Seller to go onto the Exchange Parcel for environmental testing. The Buyer shall <br />provide Seller with any documents in its possession, including correspondence with any <br />environmental agency, relating to the Exchange Parcel. <br />Except as to storage tanks and wells (see below), with respect to environmental <br />conditions the Buyer will take the Property and Seller will take the Exchange Parcel "as <br />is". <br />Storage Tanks: Any above ground and underground storage tanks will be removed from the Property by <br />Seller at its expense and from the Exchange Parcel by the Buyer at its expense prior to <br />closing. <br />Wells: Any wells on the Property and on the Exchange Parcel, whether abandoned or operating, <br />will be identified on the relevant survey. All wells will be abandoned on the Property by <br />Seller at its expense and on the Exchange Parcel by the Buyer at its expense in <br />accordance with Minnesota law. <br />'..Material Storage and <br />elocation: The Buyer will pay Operator's reasonable cost to relocate bricks, pallets, boulders, bulk <br />commodities and the like on the Property to the Exchange Parcel. Following execution <br />of this Letter of Understanding and prior to closing, Seller and Operator agree not to <br />permit a net increase in the amount of such materials stored on the Property. <br />Other Personal <br />Property: Other than as set forth above, Seller shall remove all other personal property on the <br />Property prior to closing. <br />Realtor: The Buyer has not retained a realtor and has no responsibility for any such fees. Seller <br />shall pay its realtor fees, if any. <br />Additional The Buyer and Operator acknowledge that there are additional terms and conditions <br />Conditions with regard to payments under the Wye Track and Team Track projects. These addi- <br />tional conditions and comments are referenced herein as Exhibit 6 and 7. <br />Seller, Operator and the Buyer acknowledge that this Letter of Understanding is not intended to be, and should <br />not be construed as, a binding legal agreement and does not constitute an offer by the Buyer to buy or by the <br />Seller to sell the Property. The terms and conditions for a Purchase Agreement that are outlined herein do not <br />necessarily include all of the material terms and conditions which will be required in a definitive Purchase <br />Agreement. The terms and conditions outlined herein shall be subject to final approval by each of your Board <br />of Directors and the City Council of the Buyer. <br />Execution Copy (10-5-2007) <br />
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