CCP 11-25-2008 - Laserfiche WebLink

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• shall not be in default of the requirements under this Section IV(B)(4). If the Agencies fail to provide such notice to the City prior to the proposed recording date, the City may proceed to record the Easement and Declaration as proposed. C. Except as otherwise specifically provided in this Agreement, the City and any Transferee (including all persons who acquire a non -fee interest in the Property) shall comply with all of the requirements of the Easement and Declaration attached hereto as Exhibit F (including the Construction Contingency Plan attached thereto) with respect to all portions of the Property for which no Easement or Declaration has been recorded. D. The City shall take all appropriate actions to assure that future uses of the Property are limited to commercial, industrial, or recreational uses consistent with the Response Actions. The Parties contemplate that uses of portions of the Property may be limited to open space, recreational, or other rises confined only to the ground surface if the Response Actions implemented in those portions of the Property involve long-term permanent containment of the Existing Contamination. E. For purposes herein, the following terms shall have the following meanings: 1. "Acquisition Costs" means the total of the following costs incurred by the City to acquire the MacGillis Property: any amount paid to MacGillis or Ramsey County in acquiring the MacUllis Property, normal and customary closing costs, recording fees, costs associated with any actions or payments to clear title, attorneys' fees, title insurance fees and premiums, surveys, the total cost of acquiring no more than three (3) acres of land to construct a stormwater treatment and retention pond designed to service the Property if such pond is constructed at a site other than at the Property, and the $4,500.44 payment to DOI pursuant to Paragraph O of this Section IV. 2. "Net Resale Gains" means the gross purchase price paid to the City by unrelated purchasers of the MacGillis Property less Acquisition Costs and less Sales Costs. 3. "Sale Costs" means the total of the following out-of-pocket costs incurred by the City to sell the MacGillis Property: attorneys' fees, consultants' fees, brokerage commissions, costs associated with drafting, negotiating, and executing any redevelopment contracts, transfer taxes, recording costs, any property taxes payable during the City's holding period, surveys, plats, the City's costs, if any, to respond to Existing Contamination (excluding investigatory costs) and normal and customary closing costs. New Hrigb IM&cGWIs & Gibbs Agreement & Cove uM Not to Sae 648734 -v7 - rune 26.1997 - Pan 8 y