CCP 06-02-2014 - Laserfiche WebLink

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(5) An affidavit that the City is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. (6) A bring down certificate that certifies that the representations and warranties of the City contained in this Agreement relating to the Option Property (or portion thereof) remain true and correct as of the Option Property Closing. (7) The Monitoring Access Agreement. (8) If applicable, the affidavit required under Minn. Stat. § 11513.16, subd. 2. (s) At each Option Property Closing, the Owner shall deliver to the City the Option Property Purchase Price, plus or minus pro rata costs between the City and the Owner as set forth herein and the Monitoring Access Agreement. (t) During the period from the date hereof to each Option Property Closing (the "Executory Period "), the City shall operate and maintain the Option Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance and insurance against loss by fire, windstorm and other hazards, casualties and contingencies, including vandalism and malicious mischief. However, the City shall execute no contracts, leases or other agreements regarding the Option Property or construct any improvements or otherwise alter or encumber title to the Option Property in any manner during the Executory Period, without the written consent of the Owner, which consent may be withheld by the Owner at its sole discretion. (u) The provisions of Sections 6.3 (e) and (f) shall apply to the Option Property. Owner agrees that the City shall have no responsibility or obligation hereunder to further remediate any portion of the Option Property and expressly acknowledges that landfill materials remain beneath a portion of the Option Property and landfill gas monitoring points have been installed at the Option Property. ARTICLE V REMEDIATION AND CONSTRUCTION OF PUBLIC, SITE AND MINIMUM IMPROVEMENTS Section 5.1. Completion of Remediation Related to Minimum Improvements. (a) (1) At least ten (10) days prior to Closing, the Redeveloper shall provide the City, subject to the review and approval of the City, with a cost estimate for (i) remedial work at the Redevelopment Property and site development work related thereto required pursuant to the RAP which the parties have agreed that Redeveloper will perform or in accordance with Applicable Laws and (ii) the Geotechnical Corrections (as defined below) (collectively, the " Remediation Work "). Any amendment to the RAP and any other submission by the Redeveloper to the MPCA with respect to the 26