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l)cvcloper need not object to mortgages or other monetary liens. If any objections are so <br />made to the marketability of the title to the Development Property, City shall immediately <br />commence and diligently endeavor to complete all actions necessary to cure the objections, <br />and shall be allowed until the Closing Date to cure such objections and make the title to the <br />Development Property good and marketable of record in City and to obtain and deliver to <br />i)cvcloper appropriate endorsements to the Title Commitment. If not sooner satisfied, City <br />shall satisfy any mortgages or other monetary liens against the Development Property at the <br />closing. If the title to the Development Property, as evidenced by the Title Commitment <br />together with any updating of the Title Commitment, is not made good and marketable of <br />record in City on the Closing Date, Developer, at its option, may terminate this Agreement <br />by giving written notice to City in which event this Agreement shall become null and void, <br />and neither party shall have any further rights, obligations, or liability hereunder. <br /> <br /> Scctkm 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 <br />and its various components for all reasonable purposes, including, but not limited to, <br />investigations tbr 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 />I)evelopcr 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 thc 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 />l)cvclopcr to indmnnify or hold City harmless from any liability for any environmental <br />rcmcdiation 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 thc closing or termination of this Agreement. <br /> <br /> Scction 2.5. Environmental Audit. The Developer may, at its sole expense, obtain a <br />currently dated phase one environmental audit ("Environmental Audit") or other additional <br />environmental audits as may be reasonable or necessary for the Development Property. <br /> <br /> Section 2.6. Obligations on Closing Date. At the closing, City shall execute, where <br />t~ppropriatc, and deliver to Developer: <br /> <br />(a) <br /> <br />A warranty deed ("Deed"), properly executed on behalf of City in recordable <br />form, conveying the Development Property to Developer. The Deed shall contain <br />the following statement: "The City certifies that the City does not know of any <br />wclls on the described Development Property" unless City delivers a well <br />certificate described in Subparagraph (e) hereof. <br /> <br />(b) <br /> <br />All certificates, instruments, and other documents necessary to permit the <br />recording of the Deed. <br /> <br />A policy of title insurance issued pursuant to the Title Commitment, subject to no <br />exceptions other than those accepted by Developer pursuant to Section 2.3. hereof <br />together with those abstracts of title to any portion of the Development Property <br />which are in the City's possession and the owners' duplicate certificate of title to <br /> <br /> <br />