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