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E. Buyer being assured that each of the following is true:
<br />1) Access to the Real Estate as needed by the Buyer is available at no additional cost to
<br />the Buyer.
<br />2) An adequate and continuous supply of suitable water is available to the Real Estate at
<br />no additional cost to the Buyer, except costs associated with the construction of a
<br />suitable water line from the Casey's building to the local water utility company's
<br />existing water line, hook-up charges and normal ongoing fees of the water utility
<br />company based on actual consumption.
<br />3) Adequate and continuing sanitary sewer service is available to the Real Estate or an
<br />adequate septic system serves, or can he constructed to serve, the Real Estate into the
<br />future at no additional cost to the Buyer, except costs associated with the construction
<br />of the septic system or sanitary sewer line from the Casey's store building to the sewer
<br />line of the local sanitary sewer utility or municipality, hook-up charges and normal
<br />ongoing fees of the utility company or municipality based on actual use.
<br />Unless all of the above -stated contingencies have been satisfied in full or waived in writing by the
<br />Buyer as of the Closing, the Buyer shall not be required to close this transaction, but shall have the
<br />option to thereupon terminate its obligations hereunder and rescind this Agreement, except as may be
<br />expressly provided otherwise herein. Said option to terminate may be exercised at any time Buyer
<br />determines it is impossible or impracticable to satisfy any of the above -stated contingencies.
<br />11. i.mi ossibilitvlimuracticability of Development; Change of Conditions. If the
<br />Buyer, in, its own judgment, shall determine that, 1) for reasons of impossibility or impracticability, the
<br />Real Estate cannot be developed at reasonable cost into a successful convenience store/gasoline filling
<br />station in accordance with the Buyer's plan for development, or 2) that it has or will become futile to
<br />attempt the same because of actual or expected changes in fundamental conditions on which the
<br />success of Buyer's proposed convenience store/gasoline filling station is predicated, due to factors
<br />beyond the control of the Buyer including, but not limited to, any or all of the following, to -wit:
<br />A. Physical conditions, including soil and/or groundwater conditions, topography, drainage,
<br />influences of adjoining properties and uses, the influence of streams, flood plains or
<br />bodies of water, excessive grading, Fill or earth removal costs, the need for extraordinary
<br />retaining walls, footings or pilings, or the potential for damage to adjoining property or
<br />the value thereof; or
<br />B. Restrictions, conditions or limitations imposed by or resulting from the action, refusal to
<br />act, or posturing of a public body, council, board or official, as a result of which access,
<br />traffic flow, licensing, signage, or use of the Real Estate or adjacent properties has been,
<br />or is expected to be, adversely impacted including, by way of illustration only, proposals
<br />to relocate a highway in proximity to the Real Estate, installation of signal lights, raised
<br />medians or traffic blisters, institution of intersection setbacks or frontage roads, or
<br />rezoning of or approval of a development plan for adjoining property; or
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