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pledged to the Note will be sufficient to pay the principa] of and interest or� the Note. Any estit�aates of <br />Tax Increment prepared by the City or its fnancial advisors in connectaan with the T1F District or this <br />Agreernent are for the bene�t af ihe City, and are not intended as representations on which the Developer <br />may rely. <br />Section 3.4. Business Subsid,y -Act. The parties agree and unc3erstand that any assistance <br />provided to the Deve�oper under this Agreement is no� a"business s�tbsidy" under Minnesota Statutes, <br />Section 116J.993, subd. 3 because the assistance is for housing. <br />Section 3.5. Conveyance of Triangle Parcel. (a) Generally. The Developer wiIl canvey the <br />Triangle Parcel to the City subject to the terms and conditions of this Section. <br />(b) Purchase Price, Costs. The Developer will convey the Triangle Parcel to the City for a <br />pt�rchase price af $1.04. At Closing {de�ne� below), Developer wii] pay any outstanding special <br />assessr�ents; costs af title evidence; ane-half o� any closing fee, state deed tax (if any); and the recordang <br />fee for recording aiI documents required to convey inarketable title to the Triang�e Parcel. Property taxes <br />due and payable in the year of Closing will be prorated between De�eloper and City as of the date of <br />Closing. The City wiI1 pay the cost af any title insurance premium, and ane-half of any closing fee. The <br />parties will each be responsible for any other costs they inc�r in connection with conveyance of the <br />Triangle Parcel. <br />(c} Tit1e. Promptly a�ter execution of this Agreer�tent, Developer shall furnish to the City a <br />commitment fqr an ALTA Owner's Policy of Title lnsurance insuring t�tle to the Triangle Parcel, in the <br />amou��t of $268,200 (which #he parties agree represents a reasonable estima�e of the market value of he <br />Triangle Parcel}. Withi�t 60 days after receiving such title commitment, the City may make written <br />objec�ions to the status of tit�e. Developer wil] have 60 days a�ter receipt of any abjeetions to cure the <br />objections. Develaper wil� use cotnmErcially reasanable efforts to cure any objectior�s within such GO day <br />period. If objeetions are not cured within the 60-day period, City may elect to either (i) tenninate this <br />Section o#'the Agreernent, without affecting �he remainder af the Agreement; or (ii) waive the abjections <br />and proceeds to Closing. <br />(d} Envirorrrrrental matters. Developer shal� undertake, at its cost, a PJzase I and, if <br />necessary, a Phase II enviranmental analysis of the Triang�e Parcel. Promptly upon receipt of the reports <br />resuiting from consultants, Developer shali deli�er to the City copies of all environmental reports related <br />to the Triangle Parcel prepared for Developer. Developer wil� also cause ihe party or parties preparing <br />such reports, upon request of the City and at City's cost, to deliver Ietters to the City allowing the City to <br />rely on such reports. Further, Developer grants to t�e City and its agents the right to entex the Triangle <br />Parcel to undertake its own inspections, tests, and investigations of the Triangle Parcef. If the City <br />determines, through its investigation or from any e»vironmenta� report, that any underground tanks or <br />hazardous substances (as de�ned in paragraph �{i) of this 5ection} are located on the Triangle Parcei, <br />Developer shall at its cost, and prior ta Closing, remove any tanks anc� remove or rernediate any <br />hazardo�s substances to a Minneso#a Pollutian ControI Agency standard for nan-residential land use: <br />3�t3�u=it�sta��ir�g--��y�i�t�ng- tt��-�%he -c���t'��y� ��e�-�e��a�,--�ev��oper -s�a��_....nm#--��-ob�igated...{�...��y._. r:�or�._�t�ar� <br />� � <br />� <br />1i v o.-.. r;;� � +t,o ,.4.� .- a <br />.b: ......,. ., .,. ,.., :;u��.. « -proEe�d-to-��osa� �n_ <br />g.__ , <br />such acEians bein __referred to as "Envrronmenta] Resvonse <br />Actio»s" : -..._ - �--- � ....___ __._ <br />If the Citv_determines that a�� Environmenta� Response Actions_are r uired, Ehe City will cooperate with <br />Developer in seeking grants from the State e�ar�d other sources to assist ir� f�nancing such costs, and wil� <br />