R2003-20 AUTHORIZING AGREEMENT - Laserfiche WebLink

Home Browse Search

recorded,or(ii)has received all necessary approvals,all time periods for appeal of such approvals shall have expired without contest, is in final recordable form and has been delivered to the Title Company for recording at Closing. The plat or subdivision map shall not be acceptable to Buyer if it (or any municipal ordinance enacted in conjunction with the approval of it) contains any conditions to, or reservation of, approvals necessary for the issuance of building permits or a certificate of occupancy, other than compliance with applicable building codes. 4. The Property and the balance of the Shopping Center Tract have or will have adequate ingress and egress for vehicular traffic to and from adjacent public streets to meet the unique needs of Buyer's business operation. Buyer may determine the adequacy of access based on proposals or plans it assumes or estimates will have been implemented as of the date it projects for the opening of its retail business on the Property. 5. All permits, licenses and other governmental and quasi-governmental authorizations necessary for the development of the Property and construction of the Contemplated Improvements (other than building permits for the construction of Buyer's building) in accordance with the approved Site Plan and the approved Signage Plan, including, without limitation, drainage and grading permits and approvals; environmental and conservation approvals; wetlands and flood plain mitigation consents and approvals; required variances; landmark approvals;special use permits; utility connections approvals, allocations and capacities; water and sewer permits; and building sign and pylon sign permits and approvals, (i) have been issued, (ii) shall not be subject to any conditions other than the closing of the transaction contemplated by this Agreement and the obtaining of building permits, and (iii)the time periods for appeal of issuance of such permits, licenses and other authorizations shall have expired without contest. 6. Subject to the closing of the transaction contemptated by this Agreement, if Buyer were to apply for a building permit for the Contemplated Improvements on the Property as of the Date of Closing and pay all required application fees, and provided that the plans for such Contemplated Improvements complied with all applicable building codes, Buyer could, as a matter of right, obtain such building permit without further act. 7. Buyer shall have received a certification from its consultant indicating that any and all removal, remediation, transportation, disposal and/or control of all Hazardous Materials on or under the Shopping Center Tract,or migrating to or from the Shopping Center Tract (including any soil contaminated by one or more Hazardous Materials)has been completed in strict accordance with the Remediation Management Plan (as defined in Section 10.4 below). 8. The Site Development Agreement("SDA") in a form similar to that attached hereto as Exhibit E shall be approved by Buyer, Seller and all other parties thereto, and shall be in executable form. 4 ::ODMA\PCDOCS\NEWARK�617546\3 February 12,2003