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<br />Class A urban surveys, includiug Items 1, 3, 4, 6, 8, and 13 of Table A thereto, and shall
<br />otherwise be iii form reasonably acceptable to Developer.
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<br /> Section 2.4 Inspection. Developer, its agents and designees, are hereby ~anted the right,
<br />at all reasonable times, to enter upon and inspect, analyze, and test the Development Property
<br />and its various components for all reasonable purposes, including, but not limited to,
<br />investigations for the presence of asbestos, PCBs and other hazardous substances, hazardous
<br />wastes, pollutants, or contaminants on the Development Property. Developer shall pay for the
<br />cost of all investigations of the Development Property which are ordered by Developer.
<br />Developer hereby agrees to indemnify and hold City harmless from any claims, damage, costs,
<br />and liability including, without limitation, reasonable attorney's fees, resulting from the entering
<br />upon the Development Property or the performing of any of the analyses, tests, or inspections
<br />referred to in this Paragraph; however, nothing contained herein shall be deemed to require
<br />Developer to indemnify or hold City harmless from any liability for any enviromnental
<br />rernediation which based upon Developer's tests or inspections, may be determined to be
<br />necessary, pursuant to applicable law or regulation. The provisions of this Paragraph shall
<br />survive the closing or ten'nination of this Agreement.
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<br /> Section 2.5 Environmental Audit. The Developer, at its sole expense, shall obtain a
<br />currently dated phase one enviromnental audit ("Environmental Audit") of the Developrnent
<br />Property.
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<br /> Section 2.6 Obligations on Closina Date. At the closing, City shall execute, where
<br />appropriate, and deliver to Developer:
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<br />A warranty deed ("Deed"), properly executed on behalf of City in recordable
<br />fort-n, with all applicable real property transfer taxes paid and stamps, if any,
<br />affixed thereto, conveying the Development Property to Developer. The Deed
<br />shall contain the following statement: "The City certifies that the City does not
<br />know of any wells on the described Development Property" unless City delivers a
<br />well certificate described in Subparagraph (f) hereof.
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<br />All certificates, instruments, and other documents necessary to permit the
<br />recording of the Deed.
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<br />A policy of title insurance issued pursuant to the Commitment, subject to no
<br />exceptions other than those accepted by Developer pursuant to Section 2.3 hereof
<br />together with the abstracts of title to any portion of the Development Property
<br />which is abstract property and the owners' duplicate certificate of title to any
<br />portion of the Development Property which is registered property; provided,
<br />however, Developer shall pay the premium for the policy of title insurance.
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<br />A standard Seller's Affidavit with respect to judgments, bankruptcies, tax liens,
<br />mechanics liens', pmties in possession, unrecorded interests, encroachment or
<br />boundary line questions, and related matters, properly executed on behalf of City.
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