CCP 06-02-2014 - Laserfiche WebLink

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pay for all platting and filing fees necessary to record the new plat for the Redevelopment Property (the "Final Plat "), prior to the start of construction of the Minimum Improvements. Section 3.3. Control of Use. The Owner may utilize deed restrictions, covenants, easements, agreements, architectural controls, owners' associations and other means to control the use and to ensure the maintenance of the land within the Project. The Owner shall pay the costs of preparing and recording such instruments or control. Section 3.4. Building and Construction Permits; Fees. The Redeveloper shall comply with all applicable City building codes and construction requirements and shall be responsible for obtaining all building permits prior to construction. The Redeveloper shall pay the normal and customary permit, plan review and utility access fees and shall be responsible for obtaining all building permits prior to construction. The Owner shall pay the normal and customary park dedication fees in an amount not to exceed $122,780.00. Section 3.5. Areas to be Maintained by Owner. Owner agrees to maintain those areas adjacent to the Project as shown in Exhibit J. Section 3.6. Reimbursement for RAP Preparation. The Redeveloper agrees to reimburse the City, at Closing or upon termination of this Agreement (whichever occurs first), for a contribution not to exceed $5,000 for preparation of the Environmental Summary Report and Response Action Plan dated March 2014 prepared for the City and Redeveloper by Barr Engineering and approved by the MPCA on May 8, 2014, as to the Redevelopment Property (the "RAP "). ARTICLE IV CONVEYANCE OF THE REDEVELOPMENT PROPERTY Section 4.1. Conveyance of the Redevelopment Property. (a) Title. The City shall convey marketable title to and possession of the Redevelopment Property on the Closing Date. The City shall execute and deliver a limited warranty deed of the Redevelopment Property in the form of the Redevelopment Property Deed attached as Exhibit C at Closing. The conveyance of title to the Redevelopment Property pursuant to the Redevelopment Property Deed shall be subject to only to the Permitted Encumbrances (as defined below). At its expense, the Owner may obtain any title insurance policy and endorsements it deems necessary. At its expense, the City agrees to obtain and shall deliver to the Owner a commitment for an ALTA Form owner's title insurance policy issued by the Title Company, naming Owner as the proposed owner - insured of the Redevelopment Property in the amount of the Purchase Price (the "Commitment "). The Commitment shall have a current date as its effective date and shall commit to insure marketable title in the Owner, free and clear of all mechanics' lien claims, questions of survey, unrecorded interests, rights of parties in possession or other exceptions. 12