2023-094 Ordinance - Laserfiche WebLink

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expiration of the Inspection Period, Purchaser shall be deemed to have waived its right to terminate based on the condition of the Property or the results of its Reports, and the parties shall proceed to Closing upon the terms contained herein without reduction in the Purchase Price and the Earnest Money shall become nonrefundable. 9. PERMITS AND ZONING At any time after the Effective Date, Purchaser shall seek and pursue the Permits and Zoning (both as defined herein). (A) Using due diligence and best efforts, and at its sole expense, Purchaser shall seek to secure all permits, authorizations and approvals from federal, state, local or other governmental agency, authority, entity or otherwise, which has or claims to have jurisdiction over the Premises and Purchaser's intended uses thereof which are required or may be desired for Purchaser's intended uses (collectively, the "Permits"). Purchaser's intended uses are the development of the Property with construction and site improvements, including a new structure, to facilitate the on-site operations of Weber Automotive, presently located on the adjacent property known as PPN 233-26-006. See Exhibit B, Proposed Site Development. (B) If the Premises is not presently zoned, platted, subdivided or split to permit the transfer, improvement and use of the Premises for Purchaser's intended uses, separate from any other property of Seller or any other tax parcel, Purchaser may take all necessary and proper steps and proceedings to obtain a change of existing zoning, platting, variance in zoning, subdivision, lot split, consolidation plat, or other order appropriate under the applicable federal, state and local statutes and ordinances, and all amendments thereto, desired for Purchaser's intended uses and improvements for the Premises and the sale of the Premises as a separate and legal tax parcel (collectively, the "Zoning"). 10. CLOSING CONDITIONS Section 10.1 Purchaser's Conditions. Purchaser's obligations under this Agreement are conditioned upon the satisfaction of each of the following conditions: (A) Seller is able and willing to convey title to the Premises to Purchaser as required by this Agreement, and after the Effective Date, there is no material adverse change to the Premises. (B) Seller shall have delivered all items required to be delivered by it under this Agreement and shall have performed all of its obligations under this Agreement. (D) The Permits and Zoning are approved by Purchaser, in its sole discretion. Section 10.2 Seller's Conditions. Seller's obligations under this Agreement are conditioned upon the satisfaction of each of the following conditions: (1) Purchaser applying for and receiving approval from the City of North Olmsted and Cuyahoga County for a lot split and