CCP 06-02-2014 - Laserfiche WebLink

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(3) The Final Plat shall have been approved by the City and the Owner shall have determined that the conditions of approval are acceptable to the Owner. (4) The Owner shall have obtained all final governmental approvals, permits and licenses necessary in the Owner's judgment or otherwise required by any government or governmental agency with jurisdiction over the Owner's development of the Redevelopment Property in order to use the Redevelopment Property as the Owner intends and as may be required to construct the Minimum Improvements; (5) The Owner shall have obtained all assurance letters from the MPCA required or desired by the Owner in its sole discretion, including, without limitation, a No Association Determination; (6) The Owner and Ryan shall have entered into that certain execution of Development Services Agreement and the Design -Build Cost Plus Construction Contract for the Construction of the Minimum Improvements; (7) The Owner shall have entered into an agreement with the Minnesota Department of Employment and Economic Development providing for certain funding for the construction of the Minimum Improvements; (8) The Owner shall have determined in its sole judgment that it is satisfied with the results of and matters disclosed its investigations and testing of the Redevelopment Property and the Option Property, including, without limitation, all soil tests, well tests, engineering inspections, and environmental site assessments; and (10) The Owner shall have determined that title to the Redevelopment Property is acceptable to the Owner and the Title Company shall be committed to issuing an owner's form title insurance policy to the Owner without exception except as to the Permitted Encumbrances. (11) The Owner shall have determined that any restrictions or conditions on storm water discharge from the Redevelopment Property to offsite ponding areas are acceptable to the Owner. (c) In the event the conditions precedent for either party cannot be satisfied by the Closing Date, then this Agreement shall terminate and all earnest money paid by Owner shall be returned to Owner. Section 4.3. Documents at Closing on Redevelopment Property. (a) At Closing, the City shall deliver to the Owner: (1) An executed Redevelopment Property Deed. (2) All certificates, instruments and other documents necessary to permit the recording of the applicable Redevelopment Property Deed. 17