Agenda - Council - 01/27/2015 - Laserfiche WebLink

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• • • D. Buyer obtaining a survey at Buyer's expense confirming the boundaries substantially as represented by the Seller, without encroachments. E. Buyer being assured that each of the following is true: 1) An adequate and continuous supply of suitable water is available to the Real Estate at no additional cost to the Buyer, except costs associated with the construction of a suitable water line from the Casey's building to the local water utility company's existing water line, hook-up charges and normal ongoing fees of the water utility company based on actual consumption. 2) Adequate and continuing sanitary sewer service is available to the Real Estate or an adequate septic system serves, or can be constructed to serve, the Real Estate into the future at no additional cost to the Buyer, except costs associated with the construction of the septic system or sanitary sewer line from the Casey's store building to the sewer line of the local sanitary sewer utility or municipality, hook-up charges and normal ongoing fees of the utility company or municipality based on actual use. Unless all of the above -stated contingencies have been satisfied in full or waived in writing by the Buyer as of the Closing, the Buyer shall not be required to close this transaction, but shall have the option to thereupon terminate its obligations hereunder and rescind this Agreement, except as may be expressly provided otherwise herein. Said option to terminate may be exercised at any time Buyer determines it is impossible or impracticable to satisfy any of the above -stated contingencies. 11. Impossibility/Impracticability of Development; Change of Conditions. If the Buyer, in its own judgment, shall determine that, 1) for reasons of impossibility or impracticability, the Real Estate cannot be developed at reasonable cost into a successful convenience store/gasoline filling station in accordance with the Buyer's plan for development, or 2) that it has or will become futile to attempt the same because of actual or expected changes in fundamental conditions on which the success of Buyer's proposed convenience store/gasoline filling station is predicated, due to factors beyond the control of the Buyer including, but not limited to, any or all of the following, to -wit: A. Physical conditions, including soil and/or groundwater conditions, topography, drainage, influences of adjoining properties and uses, the influence of streams, flood plains or bodies of water, excessive grading, fill or earth removal costs, the need for extraordinary retaining walls, footings or pilings, or the potential for damage to adjoining property or the value thereof; or B. Restrictions, conditions or limitations imposed by or resulting from the action, refusal to act, or posturing of a public body, council, board or official, as a result of which access, traffic flow, or use of the Real Estate is expected to be, adversely impacted including, by way of illustration only, relocation of County Road 56 (Ramsey Blvd. NW) or any street abutting the Real Estate, installation of signal, raised medians or traffic blisters, changes to existing set -backs, or rezoning of or development plan for adjoining property; • then the Buyer shall have the right at any time prior to the Closing to rescind this Agreement and terminate its obligations hereunder by personally delivering or mailing to the Seller or Seller's -4-