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2019.04.03 EDC Packet
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2019.04.03 EDC Packet
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17 <br />Investigation; provided, however, that Redeveloper's indemnification obligations shall not extend <br />to any existing conditions or environmental remediation or response actions required as a result <br />of such entry, inspection or Intrusive Investigation. <br /> <br />(e) This section intentionally left blank. <br /> <br /> (f) Time of Conveyance. The Closing shall take place at the offices of the Title <br />Company on the earlier to occur of: (i) December 31, 2019; or (ii) the date that is five (5) <br />business days after Buyer receives final plat approval, final PRD approval and met all conditions <br />of said approvals to the satisfaction of the City (the “Closing Date”). The Closing shall occur on <br />the Closing Date. The Redeveloper shall take possession of the Redevelopment Property on the <br />Closing Date. <br /> <br /> (g) Taxes; Special Assessments; Other Pro Rations. Real estate taxes due and <br />payable prior to the applicable year of Closing shall be paid by the City. Real estate taxes due <br />and payable in the applicable year of Closing shall be allocated between the parties based on their <br />respective period of ownership in the year of Closing. Real estate taxes due and payable in the <br />years subsequent to the Closing shall be paid by the Redeveloper. The City shall pay all special <br />assessments deferred, pending or levied as of the Closing Date. The Redeveloper shall pay all <br />special assessments levied after against the applicable portion of the Redevelopment Property <br />after the Closing Date. The Redeveloper shall bear all costs of recording the Redevelopment <br />Property Deed except as set forth below. The City shall pay the State deed tax due in connection <br />with conveyance of the Redevelopment Property and shall pay the cost of recording any <br />document necessary to place title in the condition described in this Agreement. The Redeveloper <br />shall pay all other recording costs incurred in connection with this Agreement. The parties shall <br />equally share other closing costs. Each party shall pay all sums in cleared funds on the Closing <br />Date. <br /> <br />(h) Plat; Covenants; Easements; Zoning and Land Use Approvals. The Property may <br />be conveyed using a non-platted legal description. Subsequent to the Closing, the Redeveloper <br />shall join in any plat including the relevant portion of the Redevelopment Property. The <br />Redeveloper shall pay all costs for plats, replats, lot splits, preparation of restrictive covenants, <br />easements and any other documentation necessary for the construction of the Minimum <br />Improvements and all costs of recording any such documents. Redeveloper will adhere to <br />normal and customary site and building plan review requirements including the payment of <br />normal and customary fees including park dedication fees as required by City Code. <br />Redeveloper shall obtain and pay for any necessary variances, rezoning, subdivision, platting, <br />plat amendment and any other documentation for the construction and sale of the Minimum <br />Improvements. <br /> <br /> Section 4.2. Conditions Precedent to Conveyance. <br /> <br /> (a) The obligations of the City to convey the relevant portion of the Redevelopment <br />Property at Closing shall be subject to the following conditions: <br />
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