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9. This Purchase Agreement is contingent upon the following terms and conditions: Approval by City Council by the adoption of an ordinance or resolution authorizing the Mayor to sign this Agreement on behalf of the City of Lakewood. If such approval is not granted by the adoption of such legislation, or such legislation is set aside by referendum or court action, this agreement shall be void ab initio and both parties be returned to their original position with the full refund of the earnest money deposit to the Buyer. The City of Lakewood will draft a contract, survey and new plat documents for ultimate submission to the Planning Commission and other legislative authorities. e This agreement is further contingent upon the Buyer's receipt of necessary City permits for proposed expansion or other use of the subject property. In the event such permits are not forthcoming, Buyer shall have the option to terminate this agreement and receive a refund of all earnest money paid. This option shall terminate 90 days after the adoption of the enabling ordinance or resolution in this matter by City Council and the approval by Council of this agreement. The escrow agent is hereby instructed to hold all proceeds of sale until release by the Buyer or the expiration of the 90 days option period contained herein. The Buyer may elect to go forward with the purchase in spite of the failure to obtain said building permits. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. The representations, warranties and agreements in this Agreement shall survive the transfer of title. There are no other conditions, representations, warranties or agreements, expressed or implied. 5