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Seek spec~c pedormance w~hin s~ months after such right ~ action <br /> arises. <br /> <br /> 5. CONDITION8 PRECEDENT TO CLOSING. The closing of the <br /> transaction contemplated by this Agreement is subject to: <br /> <br /> (a) The BUYER having reviewed and approved title to the <br />Property pursuant to Section 3 herein, provided that this <br />contingency is for the sole benefit of BUYER and BUYER shall have <br />the right to waive this contingency by giving written notice to <br />SELLER. <br /> <br /> (b) Final plat approval by the CITY OF RAMSEY of a plat <br />containing 38 single-family lots, or more or less at the CITY OF <br />RAMSEY'S option (the "Development"); <br /> <br /> (c) Negotiation and execution by BUYER and SELLER of a <br />CITY OF RAMSEY standard development agreement pertaining to the <br />Property and the Development which Development Agreement shall <br />contain provisions for at least the following items: <br /> <br /> (i) A minimum market value for the Development to be <br /> constructed on the Property; <br /> <br /> (ii) A tree preservation and planting plan; <br /> <br /> (iii) A schedule for construction of the Development; <br /> <br /> (iv) Payment of fees, costs, and expenses, customarily <br /> paid to the CITY OF RAMSEY in conjunction with <br /> approval of a development agreement, except park <br /> dedication fees which are included in the Purchase <br /> Price; <br /> <br /> (v) Construction of public improvements, at BUYER's <br /> expense, including, without limitation, municipal <br /> water and sewer, streets, curbs and gutters, street <br /> and traffic signs, and lighting; <br /> <br /> (vi) Agreement between the parties concerning the <br /> portion of the Property to be retained by or deeded <br /> back to the SELLER; <br /> <br /> 4 <br /> <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />