CCP 06-02-2014 - Laserfiche WebLink

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obtain any and all governmental approvals the Owner or the Redeveloper deems necessary for the development of the Redevelopment Property and the Option Property including without limitation preliminary plat approval, comprehensive plan amendment approval and PUD approval for Owner's intended development of the Redevelopment Property. Owner and Redeveloper hereby covenant and agree that, if the Owner does not proceed to Closing, then the Redevelopment Property and the Option Property shall be returned to their original conditions after Owner or Redeveloper's entry, as the case may be, provided that neither Owner or Redeveloper shall be responsible for any existing conditions on the Redevelopment Property or the Option Property or for any environmental remediation or response actions required as a result of such investigations and inspections; provided, however, that Redeveloper and Owner, jointly and severally, shall be responsible to the extent either party exacerbates any such condition as a direct result of Redeveloper's investigation or inspection of the Redevelopment Property on behalf of the Owner. Except for soil borings and test pits, neither Owner or Redeveloper shall conduct or cause to be conducted any physically intrusive investigation, examination or study of the Redevelopment Property or the Option Property (any such investigation, examination or study hereinafter an "Intrusive Investigation ") as part of its inspection or otherwise without obtaining the prior written consent of City, which consent shall not be unreasonably withheld. "Intrusive Investigation" shall mean any investigation, examination or study that disturbs or disrupts the Redevelopment Property or the Option Property, including, but not limited to, grading, but not including soil borings or test pits. Owner, Redeveloper and their respective representatives shall, in performing its inspection, comply with any and all Applicable Laws, subject to the terms of this Agreement. Except to the extent required by any Applicable Law, neither Owner, Redeveloper nor their respective representatives shall report the results of the inspection or any Intrusive Investigation to any governmental or quasi - governmental authority without first obtaining City's written consent, which consent shall not be unreasonably withheld so long as the scope and extent of the Intrusive Investigation performed by Owner or Redeveloper is pursuant to a work plan that has been approved by either the MPCA Voluntary Investigation Program ( "VIC ") or the MPCA Petroleum Brownfield Program. Owner or Redeveloper, on Owner's behalf, may conduct additional Phase II investigations and prepare a Response Action Plan addendum ( "RAP Addendum ") for the planned development, including, but not limited to, the planned public and site improvements outlined herein and the results of such additional investigations may be provided by the Owner to the MPCA to the extent necessary to obtain any assurance letters from the MPCA. Upon City's request, Owner shall provide City with copies of any and all final, third party reports prepared on behalf of Owner as part of the inspection without any representation or warranty regarding the accuracy thereof. Owner, Redeveloper and their respective representatives who enter the site, shall: (a) maintain comprehensive general liability (occurrence) insurance in an amount of not less than $2,000,000 covering any accident arising in connection with the presence of Owner, Redeveloper and their respective representatives at the Redevelopment Property and the Option Property and the performance of any investigations, examinations or studies thereon, and shall deliver a certificate of insurance (in form and substance reasonably satisfactory to City), naming City as an additional insured thereunder, verifying the existence of such coverage to City prior to entry upon the 14