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Mayor Duane .LlcCarry <br />City Council .Wembers <br />October 1', 1998 <br />Page 2 <br />PURCHASE <br />AGREEMENT: <br />SPECIAL <br />ASSESSMENT: <br />DUE DILIGENCE <br />PERIOD: <br />Buyer and Seller will enter into a. Purchase Agreement within ten (10) days of <br />acceptance of this Letter of Intent by Seller as proposed by Purchaser. <br />Buyer shall prepare Purchase Agreement. Purchase Agreement shall be in a <br />form substantially similar to that dated October 13, 1997 between the parties. <br />Seller will pay all Levied or pending Special Assessments or other levies prior <br />to closing. <br />Buyer shall have one hundred eighty (1 $p) days from the execution of a <br />mutually acceptable Purchase Agreement to cancel the Purchase Agreement <br />due to the following: <br />I.) Buyer shall have been able to obtain all necessary governmental approvals <br />and permits with regard to all applicable environmental, construction, zoning, <br />platting, signage, subdivision, lot split, D. 0.T access and turn lane <br />and other land use laws, ordinances and regulations and codes for the <br />construction and use oftheProperry (and adjacent property) as Buyerintends. <br />2.) Buyer shall have been able to determine that all necessary udlities, <br />including, but not limited to, natural gas, sanitary sewer, storm sewer and <br />water, are located at the property line and are of adequate capacity to serve <br />the development of the Property contemplated by the Buyer. <br />3.) Buyer shall have been able to conduct such soil tests, environmental <br />assessments or other tests or investigations as are consistent with its interest <br />hereunder, the results of which shall be acceptable to Buyer in its sole <br />discretion <br />4.) Buyer shall have been able to determine the costs of the site for new <br />construction and the feasibility of the proposed project based upon said costs <br />and said costs are acceptable to Buyer in its sole judgement. <br />5.) Buyer shall have been able to make application to applicable governmental <br />units and/or quasi- governmental entities and to obtain any and all <br />governmental or Quasi- governmental aid or subsidies necessary, in Buyer's <br />sole judgement, for development of the Property in an economically feasible <br />manner. <br />