Reso 1996-016 to 020 - Laserfiche WebLink

Home

If either Seller or Shell shall enter the Premises while owned by the other to perform assessments or corrective action pursuant to this Article 6.1, such entering party, for itself, its employees, agents and contractors, shall assume all risks involved in entering upon the Premises for the performance of such activities and shall indemnify and hold the other harmless from and against all loss or expense by reason of any liability due to bodily injury, death or persons or damages to property sustained by any party arising out of or caused by the negligence of such entering party, its employees, agents or contractors, in the exercise of any of such entering parry's rights under this Article 6.1. 6.2 PERMITS/LICENSES. As soon as practicable after the Exercise Date, Shell shall apply for and diligently pursue to the appropriate governing bodies for, permits and licenses required to authorize the use, construction and operation of the Premises as a fast food restaurant, and an automobile service station in accordance with Shell's plans and specifications. Seller agrees to execute all instruments and documents reasonably necessary to enable Shell to secure such authorizations. If Shell is unable to obtain the necessary authorizations as set forth herein, Shell at its option may withdraw from this transaction in accordance with the provisions of Article 10 hereof. 6.3 OFFSITE WORK. Seller shall, at Seller's expense, commence the following offsite work within ninety (90) days after receipt of Shell's notice that it has obtained from the proper public authorities all licenses and permits necessary to authorize clearing of the Premises and construction and operation thereon of an automobile service station: (a) Remove all existing improvements from Premises. (b) Rough grade and compact to ninety percent [90 %] compaction. (c) The Seller shall be required to extend the following utility services to the property line. 1) Water service with a minimum 2" pipe at a minimum 50' P.S.I. pressure. 2) Three phase electric with minimum of 800 Amps. 3) Appropriate sanitary sewer lines. 4) Such storm drain structures and facilities as may be required by public authorities (d) It shall be Seller's obligation to install curbs, gutters and sidewalks and driveways along the boundary line of the Premises. Appropriate curb cuts, returns and entry drives which may be approved as a part of the specific site plan shall be Shell's responsibility. Option Agreement Page 3 of 10