07/23/2007 Council Packet (2) - Laserfiche WebLink

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• • • or otherwise available to Seller. At Purchaser's request Seller will cause such reports and surveys to be certified to Purchaser or reliance letter to be provided to Seller in form reasonably acceptable to Purchaser, all at no cost to Purchaser. 28. Authority. The parties executing this agreement on behalf of Purchaser and Seller, respectively, represent and warrant that they have secured all required approvals and consents to execute this Agreement so that upon execution it is the valid and binding agreement of Purchaser and Seller, respectively. 29. Condition. This Agreement shall be void if not executed by Seller and delivered to Purchaser on or before , July 27. 2007. 30. Credits. Purchaser shall be entitled to all utility or service credits (including but not limited to SAC and WAC credits for pre - existing structures). 31. Matters Relating to Seller's Development Obligations. Seller represents and warrants that all storm sewer, water, and sanitary sewer and all roadways, curb and gutter required by the City in connection with all existing development agreements applicable to the Subject Property ( "Development Agreements ") have been completed and are fully paid for. Seller agrees to comply with and pay for all requirements of the Development Agreements as to improvements or services required therein outside the boundaries of the Subject Property. Except as otherwise expressly provided, Purchaser shall assume the requirements of the Development Agreements as to on -site improvements serving only the Subject Property. Seller shall deliver to Purchaser at Closing a certificate from the City confirming that there are no requirements under the Development Agreements which would be binding upon the Subject Property or its owners after Closing which have not been completed.