11-26-2001 Council Packet - Laserfiche WebLink

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vcoMMincuarA Purchase A greement / PAGE 6 permits, signage permits, building permits, required licenses, and site plan approval. Seller shall without charge to Buyer cooperate in Buyer's attempts to obtain all such governmental approvals Seller shall further execute such rezoning appbcaborts. ^ns. environmental worksheets and other documents as may be required by governmental bodies to accomplish the foregoing. (c) Road a nd Utilities Buyer shall have determined, on or before the Contingency Date, that (a) the Property is or will be within a time period acceptable to Buyer, serviced by all necessary utilities in order to support Buyer's Proposed Use, including without limitation water and gas mams, electric power lines and sanitary and storm sewers and (b) aH access to and from pubkc road systems necessary to adequately service Buyer's Proposed Use. including without limitation, median cuts, curb cuts, changes in road and changes in access points, are or will be constructed and that Buyer will have satisfactory access thereto, all without cost to Buyer UTILITIFS SELLER S UTILITIES REPRESENTATIONS AND BUYER-S CONTINGENCY Seder represents Viat • city sewer is available to the property through a service stub at the public nght-of way frontage line, ft city water is available to the property through a service stub at the public right-of-way frontage line, $ electnoty: is available to the property through a service stub at the public nght-of-way frontage line, ft natural gas is avai'able to the proper^ through a service stub at the public nght-of-way frontage line, ft telephone is available to the property through a service stub at the public right-of-way frontage line fCHECK EITHER (1) OR (2) J (1) Buyer is Not Relying on Selier's Representations. The price offered by Buyer in this Purchase Agreement does not reflect an y relianc e upon any representations made by Seller as to the location or availability of utilities Buyer's obligation to close under this Purchase Agreement is contingent upon Buyer obtaining, at Buyer's expense, venfication that utilibes can be provided to the property at costs which are reasonable for Buyer This contingency shall be satisfied by [datoj______________________or be deemed waived NOTE: Unless the followtng costs and charges have been assessed against the property prior to the date of this Purchase Agreement by the governmental unit having jurisdiction (and therefore already covered by the provisions for payment of special assessments). Buyer shall assume the payment of municipal charges for development on. construction on. or improvement of the property related to access fees, connection fees and "hook up" fees for connections to sewer, water, and other ubiities _X (2) Buyer is Relying on Selier' s Affirmative Representations. The price offered by Buyer m this Purchase Agreement reflects that Buyer is relying upon Seller-s affirmative representations that the utilities are available as indicated by Seller above Buyer's obligation to close under this Purchase Agreement is conbngent upon Buyer venfymg. at Buyer's expense, without disturbing any soil, that ubiities are avaitable as represented by Seller. Buyer's good faith investigation to satisfy this contingency is limited to (I) physical inspection of the property: (ii) inspection of available, local public records, or. (iii) utilization of Gopher State One Call (Metro 612- 454-0002. Out state 1-800-252-1166] Buyer-s investigabon shall be completed by December 31.2001 or this contingerKy shall be deemed waived Buyer's Investigation./check the following conditional statements that apply to this Purchase Agreement / X If Buyer’s investigation shows that the utilibes are not available as represented above by Seller, or. __ if the utilibes are not in the locabons as represented above by Seller, or. __ if the ubiities cannot be located without disturbing the soil. and if Buyer chooses not to waive this contingency, then Buyer shall notify Seller of these circumstances, and. prior to closing. Seller shall, at Seller's opbon [strike out any of the Mlowing that are not appropnatej (a) Excavate to verify the existence and location of the ublibes as represented above, and. if necessary, obtain installation of any missing ubiities, or. (b) Nobfy Buyer in wribng that Seller will reduce the selling price of the property by the esbmated cost of installing the missing ublibes to the property line, or.