2022-09-14 City Council Packet - Laserfiche WebLink

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Centerville Schifsky PA version 09092022-2 for Council Packet (iv)Approvals.or future receipt of all Approvals(as that term is defined herein) Buyer deems necessary from the City and any other applicable Property, all under terms and conditions acceptable to Buyer in its sole discretion, including, without limitation: (a) approval of the re-zoning, planned unit development or conditional 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 (collectively ed 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 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. (v)(vi) Pre-closing Marketing Agreement Between Seller and Buyer. Seller will allow Buyer to install two commercial real estate signs on the Real Property prior to closing this transaction for purposes of assisting Buyer in pre- selling single townhome units to potential retail end-buyers. Signage shall abide by applicable signage law and regulation. -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 -Closing Conditions. Condition by written notice to Seller. B. Closing Conditions. The following conditions are conditions precedent (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 5