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(1) Copies of any written notices received from any governmental agency or <br />authority relating to the Property, other than from the City of Little Canada. <br />(2) Copies of all service contracts relating to the operation of the Property. <br />b. Environmental Investigation. Purchaser shall have the right from and after the date <br />hereof to enter upon the Property for the purposes of examining and surveying the <br />Property and conducting such tests and investigations as Purchaser deems necessary, <br />including soil tests and borings. Purchaser shall have performed a Phase 11 <br />environmental test on the Property. The Purchaser shall be satisfied with the result <br />of the Phase 11 environmental testing. In the event Purchaser is not satisfied, then at <br />its option, this Agreement may be voided and all earnest money paid hereby by <br />Purchaser shall immediately be refunded by Seller to Purchaser. Any of the foregoing <br />shall be at Purchaser's cost and Purchaser shall indemnify and hold Seller harmless <br />from any and all liability associated with or arising out of the foregoing. eutc z 5.e/ <br />5k-11 pro'ide copies of-' ?may edify) all Ter; ms (e$Ulr5 ceir c•4) i 0 <br />c. City Atmrovals. The Purchase Agreement and the obligations of the Purchaser Se ILCC- <br />hereunder shall be contingent upon Purchaser's or its assigns ability to obtain the <br />required governmental approvals for the subject property. Said government approvals <br />shall include, but are not limited to zoning, Ramsey/Washington Metro Watershed <br />District, filling, grading, excavation and utilities and City building permit. In the event <br />that such governmental approvals are not obtained within one hundred twenty (120) <br />days of the date of full execution ofthis Agreement, Purchaser or Seller short have the <br />right to terminate this Purchase Agreement by providing written notice to the other <br />within the one hundred twenty (120) day period or if the City requirement for any of <br />these permits or licensing is economically unfeasible by the Purchaser, then this <br />contract is voidable within the 120 day period by the Purchaser. <br />This Agreement is further contingent on the Purchaser's ability to obtain all requisite <br />licensing and certificate, including certificates of occupancy. If Purchaser is unable <br />to obtain all said licenses and certificates, then Purchaser shall have the right to <br />terminate this Agreement and all earnest money shall immediately be refunded to <br />Purchaser. <br />d. Property is Buildable. This Agreement is contingent on the 120 day investigation by <br />the Purchaser as to whether or not the building they have designed may be built on <br />this site. This investigation includes aPERK test, land studies, water studies, and any <br />other testing that would be required to determine whether or not this site will meet <br />the specifications of the building to be built on it by Purchaser. All of these tests will <br />be paid for by Purchaser and if there is any excavating of the site, that Purchaser <br />agrees to put the site back into the state they found it. If, in the event, the site is <br />found not feasible or feasible to build the building within the Purchaser's contract, <br />then all earnest money shall be returned immediately to Purchaser. <br />(FK4'COBO4397A1.07.27.00] <br />6 <br />Page 35 <br />