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2017.03.01 EDC
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2017.03.01 EDC
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1/11/2018 4:08:12 PM
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<br /> <br />Redeveloper and City acknowledge the noted cost estimates above are indeed <br />estimates at this time and may increase or decrease as the redevelopment process <br />proceeds. It is further acknowledge by both parties that actual incurred expenses <br />will be reimbursable through the escrow and in no event shall the City be <br />required to reimburse Redeveloper in excess of the Purchase Price for the noted <br />environmental costs and construction enhancements. <br /> <br />Development Parcel: A single story office/testing/certification building of no less than 36,500 gross <br />square feet and associated surface parking, utility, and landscaping <br />improvements. Construction and site costs shall be no less than $100/square <br />foot. <br /> <br />Feasibility Period: The Feasibility Period shall begin on the effective date of the Term Sheet and <br />shall end on June 15, 2017. City shall provide Redeveloper with any documents, <br />including correspondence with any environmental agency, affecting the <br />Redevelopment Property. During the Feasibility Period, Redeveloper shall <br />perform its due diligence, which shall include, but are not limited to: <br /> <br />Review of Title. City shall furnish to Redeveloper a Title Commitment within <br />30 days after the effective date of the Redevelopment Agreement. Redeveloper <br />will have 15 days after receipt of the Title Commitment and Survey (described <br />below) to give City written objections to the Title Commitment and/or Survey, if <br />any. City will pay of the cost of the Title Commitment, and Redeveloper shall <br />pay the cost for the Title Policy and any endorsements, which shall be available <br />at closing in the form of the Title Commitment, previously approved by <br />Redeveloper. Redeveloper may, at its expense, update the Title Commitment <br />five days prior to the Closing. Redeveloper may object to any exceptions on the <br />updated Title Commitment that did not appear on the original Title <br />Commitment. <br /> <br />Survey Review. City will deliver to Redeveloper the most recent survey of the <br />Redevelopment Property in City's possession within 30 days after the effective <br />date of the Redevelopment Agreement. Redeveloper may, at Redeveloper’s <br />expense, obtain an updated or new survey of the Redevelopment Property. <br /> <br />Environmental Testing/Right of Entry: After the effective date of the <br />Redevelopment Agreement, Redeveloper shall have the right to enter the <br />Redevelopment Property at reasonable times for the purpose of inspection. The <br />Redeveloper shall cause all studies, investigations and inspections performed at <br />the Redevelopment Property to be performed in a manner that does not impair <br />the Redevelopment Property, and that the Redevelopment Property shall be <br />returned to its original condition after Redeveloper's entry, provided that <br />Redeveloper shall not be responsible for any existing conditions on the <br />Redevelopment Property or for any environmental remediation or response <br />actions required as a result of such investigations and inspections. Except for <br />soil borings, Redeveloper shall not conduct or cause to be conducted any <br />physically intrusive investigation, examination or study of the Redevelopment <br />Property (any such investigation, examination or study hereinafter an "Intrusive <br />Investigation") as part of its inspection or otherwise without obtaining the prior <br />written consent of City. "Intrusive Investigation" shall mean any investigation, <br />examination or study that disturbs or disrupts the Redevelopment Property, <br />including, but not limited to, grading, but not including soil borings. <br />Redeveloper and Redeveloper's representatives shall, in performing its <br />inspection, comply with any and all applicable laws, ordinances, rules, and <br />regulations. Except to the extent required by any applicable statute, law,
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