4.9. SR 06-21-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.9
Agenda Section
Meeting Date
Prepared by
Consent
June 21, 2021
Zack Carlton, Planning Manager
Item Description
Reviewed by
Land Exchange Agreement: Copart of
Cal Portner, City Administrator
Reviewed by
Connecticut Inc.
Action Requested
Approve, by motion, the land exchange agreement with Copart of Connecticut Inc.
Background/Discussion
Last summer, the City Council reviewed a land swap between the city and Copart. The swap exchanged a portion
of the former Wastewater Treatment Facility Sludge Lands south of the Youth Athletic Complex (YAC) with a
portion of the industrial properties purchased by Copart, improving the developability of both parcels.
Staff has been working with representatives from Copart and our counsel to draft an agreement that satisfies the
needs and concerns of both parties. Remaining costs include title work and recording fees to satisfy the process
outlined in the attached agreement.
Financial Impact
Possible costs associated with title work and recording fees.
Mission/Policy/Goal
■ Responsibly grow
Attachments
■ Sketch Plan for YAC
■ Land Exchange Agreement
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
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Updated.• August 2020
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COPART F CONNECTICUT, INC. ELK RIVERRIYER COPART PRELIMINARY
LAND EXCHANGE AGREEMENT
This Purchase Agreement (the "Agreement") is made this day of , 20 (the
"Effective Date") by and between the CITY OF ELK RIVER, a Minnesota municipal corporation
("City") and COPART OF CONNECTICUT, INC., a Connecticut corporation ("Copart").
RECITALS
A. City is the fee owner of Outlot B, Parkview Addition, Sherburne County, State of
Minnesota, according to the recorded plat thereof ("City Land");
B. Copart is the fee owner of the property legally located within the City of Elk
River legally described in Exhibit A attached hereto ("Copart Land");
C. Copart desires to acquire a portion of the City Land, which portion is legally
described in Exhibit B attached hereto ("City Parcel);
D. The City agrees to convey the City Parcel to Copart in exchange for a portion of
Copart Land, which portion is legally described in Exhibit C attached hereto ("Copart Parcel");
The City Parcel and Copart Parcel are collectively referred to hereunder as "Properties."
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. SALE AND PURCHASE OF PROPERTIES. In consideration of the agreements
herein contained, the City agrees that it will convey the City Parcel to Copart. Concurrently, Copart
agrees that it will convey to the City the Copart Parcel.
2. PURCHASE PRICE. The parties agree that this is a land exchange only and no
monetary consideration, other than the lands to be exchanged and the performance of the
obligations under this Agreement, shall be due to either party. If environmental investigation of
the Properties pursuant to Section 3 indicates contamination of a property that necessitates
remediation of a property, the valuation of the contaminated property may be affected and
further negotiations may require an amendment of this Agreement related to the purchase price
or remediation of a property to be conveyed hereunder.
3. ENVIRONMENTAL ASSESSMENT. As soon as possible after the execution
hereof, the City and Copart shall have the right, if they desire, at their own expense to inspect the
respective properties of the other parry being exchanged for the purpose of determining whether
or not there are any environmental conditions that affect the parcel to be acquired.
Notwithstanding the foregoing, Copart has completed a Phase I of the City Parcel and the Copart
Parcel and agrees to provide the Phase I Environmental Reports to the City upon execution of
this Agreement at no cost to the City. If the environmental inspection reveals any environmental
1
215118v12
conditions that are unsatisfactory to the respective parry, said parry may elect either of the
following options:
(a) Terminate this Agreement as provided by statute; or
(b) Proceed with the terms of this Agreement by waiving the contingency relating to
the environmental condition.
4. PHYSICAL INSPECTION. The City and Copart shall each have the right from
time to time prior to the Closing, to enter upon the respective property being exchanged, to
examine the same and the condition thereof and to conduct such surveys and to make such
engineering and other inspections, tests and studies as they determine to be reasonably necessary
for their use of the property. All physical inspections shall be at the sole cost and expense of the
parry making the same. The City and Copart will conduct all examinations and surveys of the
respective properties in a manner that will not harm or damage the respective properties so that it
cannot be restored to its prior condition or cause any claim adverse to either parry, and will
restore the respective properties to the condition they were in prior to any such examination,
immediately after conducting said examination. Copart and the City shall indemnify, defend,
and hold harmless each other from any and all claims for injury or death to persons, damage to
property or other losses or damages or claims, including, in each instance, reasonable attorneys'
fees and litigation costs, arising out of the action of any person or firm entering upon the
respective properties, which indemnity will survive the Closing and the termination of this
Agreement without the Closing having occurred.
5. TITLE EXAMINATION. Title Examination will be conducted as follows:
(a) Title Evidence. The City and Copart will, as soon as possible after the date of this
Agreement, obtain at its own expense the following (collectively, "Title Evidence") for
the property being transferred to them under this Agreement:
(i) Title Commitment. A Commitment for Title Insurance issued by First
American Title Insurance Company (the "Title Company" or "Title") for the
property including proper searches covering bankruptcies and state and federal
judgments, federal court judgment liens in favor of the U.S., liens, and levied and
pending special assessments ("Title Commitment" or "Commitment").
(ii) Title Objections. The City and Copart shall have 10 business days after
the later of the receipt of the Title Commitment or the Effective Date of this
Agreement to provide the other parry with a copy of the Commitment and written
objections. The City and Copart shall be deemed to have waived any title
objections not made within the 10-day period above, except that this shall not
operate as a waiver of either parry's covenant to deliver a Limited Warranty Deed
under this Agreement.
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(iii) Title Corrections and Title Remedies. The City and Copart shall have 30
days from receipt of written title objections by the other party to make title
marketable for their respective property. Upon receipt of title objections, each
party shall, within ten (10) business days, to notify the other of their intention to
make title marketable within the 30-day period. Liens or encumbrances for
liquidated amounts that can be released by payment or escrow from proceeds of
closing shall not delay the closing. Cure of the defects by either parry shall be
reasonable, diligent and prompt. Pending correction of title, all payments
required herein and the Closing shall be postponed.
(b) If notice is given and either parry makes title marketable, then upon presentation
to the other parry of documentation establishing that title has been made marketable, and
if not objected to in the same time and manner as the original title objections, the closing
shall take place within ten (10) business days or on the scheduled Closing Date,
whichever is later.
(c) If notice is given and either parry proceeds in good faith to make title marketable
but the 30 day period expires without title being made marketable, the other parry may
declare this Agreement void by notice, neither parry shall be liable for damages
hereunder to the other.
(d) If either parry does not give notice of intention to make title marketable, or if
notice is given but the 30 day period expires without title being made marketable due to
the other parry's failure to proceed in good faith, the exclusive remedy is rescission of this
Agreement by notice as provided herein.
(e) If title is marketable, or is made marketable as provided herein, and either parry
defaults in any of the agreements herein, the other parry's exclusive remedy is to cancel
this Agreement as provided by statute and retain all payments made hereunder as
liquidated damages.
6. CLOSING. Each transaction is contingent upon the successful closing of the
other transaction. Unless terminated earlier or extended as provided herein, the date for closing
the sale and purchase of the Properties (the "Closing") shall be on a date mutually agreed to by
the parties but not later than August 6, 2021 (the "Closing Date"). The Closing shall take place
at the offices of the Title Company or such other location as mutually agreed upon by the parties
and may be completed through escrow of closing documents and funds with the Title Company.
In lieu of making a personal appearance at the Closing, the documents and any proceeds to
be delivered by a party may be delivered and tendered in escrow to the Escrow Agent prior
to or on the Closing Date.
7. COPART'S CLOSING OBLIGATIONS. On the Closing Date, Copart shall
execute and deliver to City:
(a) The duly executed limited warranty deed to the Copart Parcel conveying title to
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the City free and clear of all liens and encumbrances except the following items
(allowable encumbrances):
(i) Building and zoning laws, ordinances, state and federal statutes or other
governmental regulations;
(ii) Real estate taxes for which the City is responsible;
(iii) Those items approved by the City pursuant to Section 5; and
(iv) Reservation by third parties of any minerals or mineral rights in the State
of Minnesota.
(b) A customary affidavit that there are no unsatisfied judgments of record, no actions
pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed
against Copart, and no labor or materials have been furnished to the Copart Parcel for
which payment has not been made, and that to the best of Copart's knowledge there are
no unrecorded interests relating to the Copart Parcel.
(c) The Plat for Cascade Industrial Park Third Addition consistent with the proposed
plat attached hereto as Exhibit "D" to this Agreement (the "Plat").
(c) A quit claim deed to the City for Outlot A, Cascade Industrial Park Third
Addition as shown on the Plat;
(d) Such other documents required under Section 12.
(e) Such other documents as may be reasonably required by the Title Company.
8. CITY'S CLOSING OBLIGATIONS. On the Closing Date, the City shall
execute and deliver to Copart:
(a) The duly executed limited warranty deed to the City Parcel conveying title to
Copart free and clear of all liens and encumbrances except the following items (allowable
encumbrances):
(i) Building and zoning laws, ordinances, state and federal statutes or other
governmental regulations;
(ii) Real estate taxes for which Copart is responsible;
(iii) Those items approved by Copart pursuant to Section 5; and
(iv) Reservation by third parties of any minerals or mineral rights in the State
of Minnesota.
215118v12 4
(b) A customary affidavit that there are no unsatisfied judgments of record, no actions
pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed
against City, and no labor or materials have been furnished to the City Land for which
payment has not been made, and that to the best of City's knowledge there are no
unrecorded interests relating to the City Parcel.
(c) Such other documents required under Section 12.
(d) Such other documents as may be reasonably required by the Title Company.
9. PRORATIONS. The City and Copart agree to the following prorations and
allocation of costs regarding this Agreement:
(a) Title Commitment. Each parry will be responsible for the costs associated with
obtaining a title commitment and title policy, if desired, for the parcel that the parry is
acquiring.
(b) Deed Tax. Each party shall be responsible for payment of the deed tax for the
property that the party is conveying.
(c) Real Estate Taxes and Special Assessments.
(i) City Parcel. General real estate taxes payable in the years prior to the year of
closing and installments of special assessments will be paid by the City. General
real estate taxes payable in the year of closing, if any, shall be pro rated by the City
and Copart as of the Closing Date on a per diem basis based upon a calendar year.
The City shall pay on or before the Closing Date all pending special assessments
that are due prior to the Closing. The City shall pay at Closing any deferred real
estate taxes or special assessments payment of which is required as a result of the
closing of this Agreement. Copart shall pay real estate taxes due and payable in
the year following closing and thereafter.
(ii) Copart Parcel. General real estate taxes payable in the years prior to the year
of closing and installments of special will be paid by Copart. General real estate
taxes payable in the year of closing, if any, shall be pro rated on land value only by
Copart and the City as of the Closing Date on a per diem basis based upon a
calendar year. Copart shall pay on or before the Closing Date all pending special
assessments that are due prior to the Closing. Copart shall pay at Closing any
deferred real estate taxes or special assessments payment of which is required as a
result of the closing of this Agreement. The City shall pay real estate taxes due
and payable in the year following closing and thereafter.
(d) Recording Costs. Each parry will pay the cost of recording all documents
necessary to place record title to the property the party is conveying in the condition
215118v12 5
warranted by the parties in this Agreement. Each parry will pay the cost of recording the
deed for the property that the party is acquiring.
10. CITY'S REPRESENTATIONS. On information and belief, the City hereby
represents to Copart, as of the date of this Agreement and as of the Closing Date, as follows:
(a) The consummation of the transactions contemplated by this Agreement will not
constitute a default or result in the breach of any term or provision of any contract or
agreement to which the City is a parry so as to adversely affect the consummation of such
transactions.
(b) The execution, delivery and performance of this Agreement by the City has been
authorized and approved by the City, and the person executing this Agreement on behalf
of the City has full authority to bind the City to the terms hereof.
(c) On the Date of Closing there will be no (i) outstanding leases or occupancy
agreements, or (ii) outstanding contracts made by City for any improvements to the
Property which have not been fully paid for or for which City shall not have made
arrangements to pay off, at Closing, or that will affect the City Parcel or be binding upon
Copart or upon the City Parcel subsequent to Closing without Copart's written consent;
and the City shall cause to be discharged all mechanic's or materialmen's liens arising
from any labor or materials furnished to the City Parcel that were made at the request of
the City, its agents, or contractors, prior to the Date of Closing and any mortgages or
other such similar encumbrances.
(d) The City is not a foreign person; as such term is defined in Section 1445(f) (3) of
the Internal Revenue Code of 1986, as amended, and shall deliver an affidavit to that
effect at closing, which shall be in form and substance reasonably acceptable to Copart.
(e) The City certifies that the City does not know of any "Wells" on the described
City Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein.
This representation is intended to satisfy the requirements of that statute.
(f) To the best of the City's knowledge, no toxic or hazardous substances or wastes,
pollutants or contaminants (as defined in applicable federal or state laws or local ordinances)
have been generated, treated, stored, released or disposed of, or otherwise placed, deposited
in or located on the City Parcel, nor has any activity been undertaken on the City Parcel that
would cause or contribute to (i) the City Parcel to become a treatment, storage or disposal
facility as defined in any federal or state law or local ordinance, (ii) a release or threatened
release of toxic or hazardous substances or wastes, pollutants or contaminants, from the City
Parcel as prohibited by any federal or state law or local ordinance, or (iii) the discharge of
pollutants or effluents into any water source or system, the dredging or filling of any waters
or the discharge into the air of any emissions, that would require a permit under any federal
or state law or local ordinance. To the best of the City's knowledge, there are no toxic or
hazardous substances or wastes, pollutants or contaminants or other environmental
215118v12 6
conditions in or on the City Parcel that may support a claim or cause of action under federal
or state law or local ordinances or other environmental regulatory requirements. To the best
of the City's knowledge, no part of the City Parcel is a "Wetland", as defined by law. The
City will disclose Copart all environmental reports and studies with respect to the City Land
which are in the City's possession or control.
(g) To the best of the City's knowledge, there are no above- ground or underground
tanks in or about the City Parcel. To the extent such storage tanks exist, each will be duly
registered with all appropriate regulatory and governmental bodies and will be removed or
brought into compliance with applicable federal, state and local statutes, regulations,
ordinances and other regulatory requirements at the City's expense.
(h) Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, the
City certifies that, to the City's knowledge, there is no "individual sewage treatment
system" (within the meaning of that statute) on or serving the City Parcel. The City
certifies that sewage generated on the City Parcel goes to a facility permitted by the
Minnesota Pollution Control Agency.
Except as herein expressly stated, Copart is purchasing the City Parcel based upon its own
investigation and inquiry and is not relying on any representation of the City or other person and is
agreeing to accept and purchase the City Parcel "as is, where is" subject to the conditions of
examination herein set forth and the express warranties herein contained. The representations set
forth in this section shall be continuing and shall be true and correct as of the Date of Closing with
the same force and effect as if made at that time and shall survive the Closing for a period of two (2)
years.
11. COPART'S REPRESENTATIONS. ftitOn information and belief, Copart
hereby represents to the City, as of the date of this Agreement and as of the Closing Date, as
follows:
(a) The consummation of the transactions contemplated by this Agreement will not
constitute a default or result in the breach of any term or provision of any contract or
agreement to which Copart are a parry so as to adversely affect the consummation of such
transactions.
(b) On the Date of Closing there will be no (i) outstanding leases or occupancy
agreements, or (ii) outstanding contracts made by Copart for any improvements to the
Copart Parcel which have not been fully paid for or for which Copart shall not have made
arrangements to pay off, at Closing, or that will affect the Copart Parcel or be binding
upon the City or upon the Copart Parcel subsequent to Closing without the City's written
consent; and Copart shall cause to be discharged all mechanic's or materialmen's liens
arising from any labor or materials furnished to the Copart Parcel that were made at the
request of Copart, its agents, or contractors, prior to the Date of Closing and any
mortgages or other such similar encumbrances.
215118v12 7
(c) Copart is not a foreign person; as such term is defined in Section 1445(f) (3) of
the Internal Revenue Code of 1986, as amended, and shall deliver an affidavit to that
effect at closing, which shall be in form and substance reasonably acceptable to Copart.
(d) Copart certifies that it does not know of any "Wells" on the described Copart
Parcel within the meaning of Minn. Stat. Chapter 103I, except as disclosed herein. This
representation is intended to satisfy the requirements of that statute.
(e) To the best of Copart's knowledge, no toxic or hazardous substances or wastes,
pollutants or contaminants (as defined in applicable federal or state laws or local ordinances)
have been generated, treated, stored, released or disposed of, or otherwise placed, deposited
in or located on the Copart Parcel, nor has any activity been undertaken on the Copart Parcel
that would cause or contribute to (i) the Copart Parcel to become a treatment, storage or
disposal facility as defined in any federal or state law or local ordinance, (ii) a release or
threatened release of toxic or hazardous substances or wastes, pollutants or contaminants,
from the Copart Parcel as prohibited by any federal or state law or local ordinance, or (iii)
the discharge of pollutants or effluents into any water source or system, the dredging or
filling of any waters or the discharge into the air of any emissions, that would require a
permit under any federal or state law or local ordinance. To the best of the Copart's
knowledge, there are no toxic or hazardous substances or wastes, pollutants or contaminants
or other environmental conditions in or on the Copart Parcel that may support a claim or
cause of action under federal or state law or local ordinances or other environmental
regulatory requirements. To the best of Copart's knowledge, no part of the Copart Parcel is
a "Wetland", as defined by law. Copart will disclose to the City all environmental reports
and studies with respect to the Copart Parcel which are in Copart's possession or control.
(f) To the best of Copart's knowledge, there are no above ground tanks in or about the
Copart Parcel. To the extent such storage tanks exist, each will be duly registered with all
appropriate regulatory and governmental bodies and will be removed or brought into
compliance with applicable federal, state and local statutes, regulations, ordinances and
other regulatory requirements at Copart's expense. To the best of the Copart's knowledge
there are no underground storage tanks on the Copart Parcel.
(g) Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, Copart
certifies that, to Copart's knowledge, there is no "individual sewage treatment system"
(within the meaning of that statute) on or serving the Copart Parcel. Copart certifies that
sewage generated on the Copart Parcel goes to a facility permitted by the Minnesota
Pollution Control Agency.
Except as herein expressly stated, the City is purchasing the Copart Parcel based upon its
own investigation and inquiry and is not relying on any representation of Copart or other person and
is agreeing to accept and purchase the Copart Parcel "as is, where is" subject to the conditions of
examination herein set forth and the express warranties herein contained. The representations set
forth in this section shall be continuing and shall be true and correct as of the Date of Closing with
215118v12 8
the same force and effect as if made at that time and shall survive the Closing for a period of two (2)
years.
12. CONTINGENCIES.
(a) City's Contingencies. The obligations of the City under this Agreement are
expressly contingent upon each of the following (the "City's Contingencies"):
(i) The City shall have determined on or before the Closing Date, that it is
satisfied, in its sole discretion, with the results of any environmental/soil
investigations and tests of the Copart Parcel conducted by the City, the costs of
which shall be the responsibility of the City. By executing this Agreement,
Copart hereby authorizes the City, its contractors, and agents to enter upon the
Copart Parcel for purposes of conducting environmental, engineering and soil
tests.
(ii) The City shall have determined on or before the Closing Date, that it is
satisfied, in its sole discretion, with the title to the Copart Parcel.
(iii) All of the representations made by Copart shall be true and correct as of
the Closing Date.
(iv) Copart recording the Plat to be recorded simultaneously with the deeds to
the Copart Parcel and City Parcel. Copart shall be responsible for all costs
associated with the Plat and recording of the Plat.
If the City's Contingencies have not been satisfied on or before the Closing Date, then the
City may, at the City's option, terminate this Agreement by giving notice to Copart on or
before the Closing Date. The contingencies set forth in this section are for the sole and
exclusive benefit of the City, and the City shall have the right to waive the contingencies
by giving notice to Copart.
(b) Copart's Contingencies. The obligations of Copart under this Agreement are
expressly contingent upon each of the following ("Copart Contingencies"):
(i) Copart shall have determined on or before the Closing Date, that it is
satisfied, in its sole discretion, with the results of any environmental/soil
investigations and tests of the City Parcel conducted by Copart, the costs of which
shall be the responsibility of Copart. By executing this Agreement, the City
hereby authorizes Copart, its contractors, and agents to enter upon the City Parcel
for purposes of conducting environmental, engineering and soil tests.
(ii) Copart shall have determined on or before the Closing Date, that it is
satisfied, in its sole discretion, with the title to the City Parcel.
215118v12 9
(iii) All of the representations made by the City shall be true and correct as of
the Closing Date.
(iv) Copart recording the Plat, to be recorded simultaneously with the deeds to
the Copart Parcel and City Parcel.
If the Copart Contingencies have not been satisfied on or before the Closing Date, then
Copart may, at Copart's option, terminate this Agreement by giving notice to the City on or
before the Closing Date. The contingencies set forth in this section are for the sole and
exclusive benefit of Copart, and Copart shall have the right to waive the contingencies by
giving notice to the City.
13. MISCELLANEOUS.
(a) No Partnership or Joint Venture. Nothing in this Agreement shall be
interpreted as creating a partnership or joint venture among the parties.
(b) No Broker Commissions. Each party represents and warrants to the other parties
that there is no broker involved in this transaction with whom the warranting party has
negotiated or to whom the warranting parry has agreed to pay a broker commission. Each
parry agrees to indemnify the other parties for any and all claims for brokerage
commissions or finders' fees in connection with negotiations for the purchase and sale of
the Properties arising out of any alleged agreement or commitment or negotiation by the
indemnifying parry.
(c) No Merger. The provisions of this Agreement shall not be merged into any
instruments or conveyance delivered at Closing, and the parties shall be bound accordingly.
(d) Entire Agreement; Amendments. This Agreement constitutes the entire
agreement among the parties and no other agreement prior to this Agreement or
contemporaneous herewith shall be effective except as expressly set forth or incorporated
herein. Any purported amendment shall not be effective unless it shall be set forth in
writing and executed by the parties or their respective successors or assigns.
(e) Binding Effect; Assignment. This Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, executors, administrators, successors and
assigns.
(f) Notice. Any notice, demand, request or other communication which may or shall be
given or served by the parties shall be deemed to have been given or served on the date the
same is deposited in the United States Mail, registered or certified, postage prepaid;
delivered by a nationally recognized overnight delivery company, or actually received by
the recipient and addressed as follows:
(i) If to City: City Administrator
215118v12 10
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
(ii) If to Copart: Copart of Connecticut, Inc.
14185 Dallas Parkway, Suite 300
Dallas, TX 75254
Attn: General Counsel
(g) Headings. The headings of the sections and subsections of this Agreement are
for convenience of reference only and does not form a part hereof, and in no way
interpret or construe such sections and subsections.
(h) Survival of Covenants, Representations, Warranties and Agreements. All
covenants, representations, warranties and agreements contained herein shall survive the
closing. Nevertheless, any claim that either party has breached a representation or
warranty must be in writing and must be given by the non -breaching parry within two
years of the Closing Date or be deemed waived.
(i) Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
0) Counterpart signatures. The parties agree that this Agreement may be executed
in two or more counterparts, all of which when taken together shall comprise one and the
same instrument. Each parry agrees that the other parry may rely upon facsimile copies
of the signatures of such parry.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above.
[Remainder ofpage left blank]
[Signature pages to follow]
215118v12 11
[Signature Page for City]
CITY OF ELK RIVER
John J. Dietz, Mayor
Tina Allard, City Clerk
215118v12 12
[Signature Page for Copart]
COPART OF CONNECTICUT, INC.
Print Name:
Its:
215118v12 13
EXHIBIT A
Legal Description of the Copart Land
Outlot A, Cascade Industrial Park, Sherburne County, Minnesota.
Outlot C, Cascade Industrial Park, Sherburne County, Minnesota.
Outlot D, Cascade Industrial Park, Sherburne County, Minnesota.
Parcel 1
All that part of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County,
Minnesota, described as commencing at the Northeast corner of said Southeast Quarter; thence
South along the East line thereof, which for the purposes of this description is assumed to bear
due North and South, a distance of 1220.36 feet; thence North 88 degrees, 36 minutes, 35
seconds West a distance of 33.61 feet more or less, to intersect the centerline of the township
road and the actual point of beginning of the land to be described; thence continue North 88
degrees 36 minutes 35 seconds West a distance of 978.56 feet, more or less, to intersect the
Northeasterly line of the right of way of the Burlington Northern, Inc., Railroad; thence
Southeasterly along said right of way to intersect said centerline of the township road; thence
Northeasterly and Northerly along said Centerline to the point of beginning.
Parcel 2
That part of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32, Range
26, Sherburne County, Minnesota, described as commencing at the Northeast corner of said
Northeast Quarter of the Southeast Quarter; thence on a bearing of South, assumed basis of
bearings, along the East line thereof for 1220.36 feet; thence North 88 degrees, 36 minutes, 35
seconds West for 33.61 feet to intersect the centerline of Jarvis Street N.W., said point of
intersection also being the actual Point of Beginning of the land to be hereby described; thence
continue North 88 degrees, 36 minutes, 35 seconds West, along a line to be hereafter known as
Line "1" for the purposes of this description, for 978.56 feet, more or less, to intersect the
Northeasterly line of the right-of-way of the Burlington Northern Railroad Company; thence
North 39 degrees, 44 minutes, 49 seconds West along said railroad right-of-way for 471.33 feet,
more or less, to intersect the West line of said Northeast Quarter of the Southeast Quarter; thence
North 0 degrees, 04 minutes, 03 seconds West along said West line of the Northeast Quarter of
the Southeast Quarter for 484.43 feet, more or less, to intersect the South line of the North
330.00 feet, as measured at right angles, of said Northeast Quarter of the Southeast Quarter;
thence North 89 degrees, 10 minutes, 27 seconds East along said South line of the North 330.00
feet for 550.05 feet, more or less, to intersect the East line of the West 550.00 feet, as measured
at right angles, of said Northeast Quarter of the Southeast Quarter; thence South 0 degrees, 04
minutes, 03 seconds East along said East line of the West 550.00 feet for 830.93 feet, more or
less, to intersect a line 30.00 feet North of, as measured at right angles to said Line "I"; thence
South 88 degrees, 36 minutes, 35 seconds East parallel with said Line "1" for 730.18 feet, more
or less, to intersect said centerline of Jarvis Street N.W.; thence South 1 degrees, 23 minutes, 25
seconds West along said centerline for 30.00 feet, more or less, to the Point of Beginning.
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1 *1141111.11 8:1
Legal Description of City Parcel
That part of Outlot B, PARKVIEW ADDITION according to the recorded plat thereof, Sherburne
County, Minnesota, described as follows:
Beginning at the south corner of said Outlot B; thence North 00 degrees 43 minutes 05 seconds East,
assumed bearing along the east line of said Outlot B, a distance of 814.15 feet to the northeast corner of
the Northwest Quarter of the Southeast Quarter of Section 13, Township 32, Range 26 said Sherburne
County; thence North 00 degrees 46 minutes 42 seconds East, along said east line, a distance of 358.53;
thence South 89 degrees 57 minutes 38 seconds West, a distance of 962.80 feet to the southwest line of
said Outlot B, thence South 38 degrees 57 minutes 44 seconds East, along said southwest line, a
distance of 460.79 feet; thence North 89 degrees 57 minutes 38 seconds East, along said southwest line,
a distance of 77.12 feet; thence South 38 degrees 57 minutes 44 seconds East, along said southwest line,
a distance of 301.21 feet; thence South 51 degrees 02 minutes 16 seconds west, along said southwest
line, a distance of 60.00 feet; thence South 38 degrees 57 minutes 44 seconds East, along said southwest
line, a distance of 696.72 feet to said south corner of Outlot B and the point of beginning.
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EXHIBIT C
Legal Description of Copart Parcel
That part of Outlot C, Outlot D, Buchanan Street NW and 162ND Avenue NW, CASCADE
INDUSTRIAL PARK according to the recorded plat thereof, Sherburne County, Minnesota,
described as follows:
Beginning at the northwest corner of said Outlot D; thence South 89 degrees 59 minutes 55
seconds East, assumed bearing along the north line of said Outlot D, a distance of 502.18 feet to
the northeast corner of said Outlot D; thence South 00 degrees 54 minutes 21 seconds West,
along the east line of said Outlot D, a distance of 219.08 feet; thence southeasterly a distance of
214.71 feet along a non -tangential curve, concave to the northeast, having a radius of 60.00 feet,
a central angle of 205 degrees 02 minutes 16 seconds, a chord length of 117.15 feet and a chord
that bears South 65 degrees 35 minutes 59 seconds East to the north line of said Outlot C; thence
easterly a distance of 18.97 feet along a non -tangential curve, concave to the south and along the
north line of said Outlot C, having a radius of 270.00 feet, a central angle of 04 degrees 01
minutes 35 seconds, chord length of 18.97 feet and a chord that bears North 79 degrees 27
minutes 02 seconds East; thence South 89 degrees 59 minutes 54 seconds East, not tangent to
last described curve and along the north line of said Outlot C, a distance of 138.96 feet to the
northeast corner of said Outlot C; thence South 00 degrees 54 minutes 21 seconds West, along
the east line of said Outlot C, a distance of 698.80 feet; thence South 89 degrees 57 minutes 38
seconds West, a distance of 765.05 feet to the west line of said Outlot D; thence North 00
degrees 46 minutes 42 seconds East, along said west line, a distance of 963.31 feet to said
northwest corner of Outlot D and the point of beginning.
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EXHIBIT D
Plat of Cascade Industrial Park Third Addition
(Attached)
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