04-11-2001 Council Agenda - Laserfiche WebLink

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23. Special Contingencies. This Purchase Agreement is subject to the following contingencies and if the following contingencies cannot be satisfied or waived, in writing, by Buyer by November 15, 2002 (unless another date is specifically set forth), this Purchase Agreement shall become null and void. Buyer and Seller agree to sign a cancellation of the Purchase Agreement. a. Seller shall provide any survey of the property it has in its possession, not later than thirty days from the date this Agreement is executed by both parties. b. Buyer obtaining approval of city of proposed building plans and specifications at Buyer's expense. c. Buyer obtaining approval of city of proposed subdivision development plans, if any, at Buyer's expense. d. Buyer obtaining approval of city for rezoning or use permits, if any, at Buyer's expense. e. Buyer obtaining at Buyer's expense, soil tests which indicate that the property may be improved without extraordinary building methods or cost within 60 days of the HUD Notice described in paragraph 2a in Addendum "A." € Within sixty days from the date this Agreement is executed by both parties, Buyer obtaining an environmental report on the property which is acceptable to Buyer, in its sole discretion, at Buyer's expense. Within seven days from the date this Agreement is executed by both parties, cost to Buyer. PLEASE NOTE: Buyer may incur additional charges improving the property including, but not d /or access charges, municipal charges, stubbing access, water access, park dedication, utility connection and connecting fees, curb cuts, and tree planting charges: 24. Right of Entry. Seller will grant Buyer right of entry to the property prior to the date of closing after reasonable notice by Buyer to Seller. 25. Buyer Responsibilities. Buyer shall pay municipal costs as are applied against similar development including, but not limited to, 5% of land value park dedication fee, sewer availability charges, water availability charges, and all fees associated with zoning approvals. 26. Construction. No provision of this Agreement shall be construed by any court or other judicial authority against either Seller or Buyer by reason of any such party being deemed to have drafted or structured such provision. 27. Survival of Closing. All representations, warranties, agreements and indemnities contained in this Agreement shall survive the closing. n:\KrisP \CORRESP\Kris' 2001\Common Bond Purchase Agreementdoc Page 28