2021-08-11 CC Packet - Laserfiche WebLink

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use permit, if required, of the Real Property for the Project (as that term is defined herein), (b) approval of the site plan, (c) approval of the Final Plat (as that term is defined herein, together with a development agreement with the City, and any other agreements necessary for the installation (and payment thereof) of utilities, public streets and other infrastructure that serve the Real Property now or in the future , and (d) all permits required for the Project, including a building permit, issued by the City, allowing for the construction of up to a 26 units of townhomes on the Real Property (the (which may be issued after the Condition Date, but on or before the Closing Date) ((a) through (d) are hereinafter collectively referred to as Buyer shall be solely responsible for all costs associated with obtaining the Approvals. Buyer will pay the building permit costs that are related directly to the Project. (v) The Final Plat. The City shall adopt, a resolution approving any requisite final plat of the Real Property, vacating any existing public easements or granting any easements required for the Project (collectively, the if the Real Property is not currently a separate tax parcel. Buyer shall be solely responsible for all of the costs associated with the preparation of the preliminary plat and Final Plat. Seller shall be responsible for the recordation of the Final Plat on or before Closing. Pre-Closing Conditions on or before the Condition Date, Buyer may, at its sole and absolute discretion, by written notice to Seller given on or before 5:00 p.m. Minnesota time on the Condition Date, terminate this Agreement and the Earnest Money will promptly be returned to Buyer and neither Buyer nor Seller will have any further right, privilege, duty or obligation under this Agreement, (unless exclusively set forth herein). Failure of Buyer to give Seller notice of its election to terminate this Agreement prior to the Condition Date constitutes waiver by Buyer of the Pre-Closing Condition by written notice to Seller. B. Closing Conditions. The following conditions are conditions precedent to (collectively, the : (i) Access. Seller will allow Buyer, and Buyer's agents, access to the Real Property without charge and at all reasonable times for the purpose of Buyer's inspection of the Real Property. Buyer will pay all costs and expenses of such investigation and testing and will hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities, except arising out of any existing environmental conditions or any negligence or willful misconduct of the Seller, its agents, employees or contractors. Buyer will further repair and restore any damage to the Real Property caused by or occurring during Buyer's testing and return the Real Property to substantially the same condition as existed prior to Buyer's entry. Seller will fully cooperate with Buyer to enable Buyer to satisfy the 5