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10 <br />DOCSOPEN\MU205\50\716385.v4-4/22/21 <br /> <br />(5) all of the Developers’ attorney’s fees. <br /> <br />(c) On the Date of Closing, the EDA shall be responsible for and pay: <br /> <br />(1) transfer taxes, including State deed tax, to allow the Developer to record the <br />Development Property Deed; <br /> <br />(2) costs of recording any instruments used to clear title encumbrances; <br /> <br />(3) one-half of the title company closing fees, if any; <br /> <br />(4) all fees associated with obtaining the commitment for title insurance; <br /> <br />(5) the cost of all copies of all additional title documents for the examination of <br />title; and <br /> <br />(6) all of the EDA’s attorney’s fees. <br /> <br />(d) On the Date of Closing, the following costs will be paid on a pro rata basis in the year <br />of closing between the EDA and the Developer: <br /> <br />(1) utilities furnished to the Development Property, if any; and <br /> <br />(2) real estate taxes due and payable in the year of closing, if any. <br /> <br /> Section 3.8. Plat. The Developer agrees to plat the Development Property in conjunction and <br />in cooperation with the EDA in accordance with the City’s subdivision regulations, including entering <br />into the City’s standard development agreement for subdivisions, prior to commencing construction <br />of the Minimum Improvements, and to develop a final legal description for the Development Property <br />prior to closing. The Developer shall participate in the costs of the Plat as contemplated in this Section <br />in the amount of up to Twenty Five Thousand Dollars ($25,000). This Section is a condition <br />precedent for the Closing of the transaction contemplated by this Agreement. <br /> <br /> Section 3.9. Zoning Issues; Planned Unit Development. The parties to this Agreement <br />acknowledge that the zoning for the Development Property that is to be platted should be uniform <br />and that the following events should occur, if necessary: change the zoning of the Development <br />Property along with any associated or necessary zoning district modifications, or re-zone the specific <br />zoning districts of the Development Property. It is the intent of the Developer, the EDA and the City <br />that the zoning for the Development Property be revised such that it meets the end usage associated <br />with the development of the Development Property and the Developer Proposal. The Developer, the <br />EDA and the City agree to cooperate with each other and their representatives regarding any <br />reasonable requests made subsequent to the execution of this Agreement to revise or correct any <br />zoning issues relative to the Development Property and necessary plat and to provide any and all <br />additional documentation deemed necessary by the parties to effectuate such revisions or corrections <br />for such zoning issues.