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Class A urban surveys, including Items 1, 3, 4, 6, 8, and 13 of Table A thereto, and shall
<br />otherwise be in form reasonably acceptable to Developer.
<br />Section 2.4 Inspection. Developer, its agents and designees, are hereby granted the right,
<br />at all reasonable times, to enter upon and inspect, analyze, and test the Development Property and
<br />its various components far all reasonable purposes, including, but not limited to, investigations
<br />for the presence of asbestos, PCBs and other hazardous substances, hazardous wastes, pollutants,
<br />or contaminants on the Development Property. Developer shall pay for the cost of all
<br />investigations of the Development Property which are ordered by Developer, Developer hereby
<br />agrees to indemnify and hold City harmless from any claims, damage, costs, and liability
<br />including, without limitation, reasonable attorney's fees, resulting from the entering upon the
<br />Development Property or the performing of any of the analyses, tests, or inspections referred to
<br />in this Paragraph; however, nothing contained herein shall be deemed to require Developer to
<br />indemnify or hold City harmless from any liability for any environmental remediation which
<br />based upon Developer's tests or inspections, may be determined to be necessary, pursuant to
<br />applicable law or regulation. The provisions of this Paragraph shall survive the closing or
<br />termination of this Agreement,
<br />Section 2.5 Environmental Audit. As soon as practicable after the execution of this
<br />Agreement, City shall provide to the developer a dated phase one environmental audit
<br />("Environmental Audit") of the Development Property if one is available.
<br />Section 2.6 Oblistations on Closinz Date. At the closing, City shall execute, where
<br />appropriate, and deliver to Developer:
<br />a. A warranty deed ("Deed"), properly executed on behalf of City in recordable
<br />form, - 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.
<br />All certificates, instruments, and other documents necessary to permit the
<br />recording of the Deed.
<br />c. 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.
<br />d. A standard Seller's Affidavit with respect to judgments, bankruptcies, tax liens,
<br />mechanics liens', parties in possession, unrecorded interests, encroachment or
<br />boundary line questions, and related matters, properly executed on behalf of City.
<br />e, Any well certificate required by M.S. 1011,235.
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