A quit claim deed (the “Deed”) conveying fee title to
the Real Property to the County.
B. Assignment of Leases. An assignment of the leases conveying to the County the leases, any security deposits and accrued interest, if any, all prepaid rents and all guarantees, if any.
C. Well Certificate. A certificate signed by MPL warranting that there are no
wells on the Real Property within the meaning of Minn. Stat. § 103I or, if
there are wells, a well certificate in the form required by law.
D. Storage Tanks. An affidavit with respect to storage tanks, as required by
Minn. Stat. § 116.48, if necessary.
E. Seller’s Affidavit. An affidavit evidencing the absence of bankruptcies, or
tax liens involving parties with the same or similar names as MPL and
evidencing the absence of mechanic’s lien rights affecting the Real
Property, unrecorded interests affecting the Real Property of which MPL
has knowledge, persons in possession of the Real Property and known
encroachments or boundary line questions affecting the Real Property.
F. Estoppel Certificates. An estoppel certificate from each tenant under lease
in a form reasonably satisfactory to the County.
. All other documents reasonably determined by the
County to be necessary to transfer the Real Property to the County.
5. Costs. Recording fees and deed tax shall be allocated as provided in the Finance
Agreement. MPL shall pay the following costs:
A. Any delinquent real estate tax for any years up to and including the year of
closing.
B. All special assessments levied or pending against any of the Property
(with the exception of the special service district assessment for the
Central Library which shall be prorated as of the Date of Closing). The
County shall assume payment of the special service district assessment
from and after the Date of Closing.
C. Any rent due from tenants shall be prorated as of the Date of Closing.
6. Representations and Warranties .
Except as disclosed, MPL represents:
A.
No agreements which materially affect the operation of the Real Property.
B.
No notice or complaint from any governmental authority or insurance underwriter relating to the condition of or operations upon the Real Property.
C.
All fixtures and equipment are in proper working order and the roofs, basements, and windows contain no material leaks.
D.
MPL will maintain the Real Property in the normal course of business and
will maintain insurance through the Date of Closing.
E.
MPL will not cancel or amend any leases without the prior written consent
of the County.
F. The Real Property complies in all respects with platting, subdivision, and
zoning laws, licensing ordinances, and building restrictions. MPL shall
provide a schedule of the following for each library site: (a) current zoning
showing library use as permitted or conditional, (b) all current Conditional
Use Permits with all conditions, (c) all variances with all conditions, (d)
any nonconforming use, structure or parking together with any
nonconforming certificates.