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HomeMy WebLinkAboutZoning Approval Addendum 07-12-96 ZONING / GOVERNMENTAL APPROVAL ADDENDUM 1 / COMMERCIAL-INDUSTRIAL REAL ESTATE 1. Date J tn. 4�f I -116 , 19 -1.41‘-1.41‘ 2. This Addendum is attached to and made a part of the Purchase Agreement dated �'� L y ' U , 19 r b on the real 3. estate commonly known as 2 r .5-0 2 r 9 Ze 54-11 E 4 in C.L. Township, 7i4/1`7/�4,4 County, ci7�j/ec L 1L , Indiana, which is legally described as: 5. 'PA t21jO F T1-1 E S. / , 1 r / f � �1 S�l f> 7) ��Y�oE. sJ • 6. 7 In the event the Purchase Agreement is accepted by Seller,the purchase and sale of the Real Estate shall be subject to the following terms s and conditions: 9. 1. ZONING. `� 10. Buyer shall have 47 6 days from the date of acceptance of the Purchase Agreement to determine�/� whether the Real 11. Estate is finally and unconditionally zoned for Buyer's intended uses and purposes as a DA y CG4l� S- 12. 13. with all necessary classifications, variances, permissions and exceptions required for such use. If the Real Estate, or any part thereof, is not 14. thus suitably zoned,or if variances from the existing zoning classification are required by Buyer, Buyer shall have the right to have the zoning 15. classification or requirements changed at Buyer's expense and take such action, including the filing of petitions for rezoning or L, Z-14.J 16. for variance of zoning requirements, as Buyer deems necessary. Buyer shall have ?6 days from t.1:- y t �-- 17. 19 IC, to obtain such changes as are, in Buyer's opinion, necessary. Buyer agrees to employ an attorney who is experienced in zoning 1a matters,so that any petition for rezoning or for a variance is professionally prepared and promptly filed with the proper public authorities.Seller 19. shall execute whatever instruments are necessary and take whatever action is necessary and fully cooperate to assist Buyer in obtaining such 2a rezoning or variances.If any applications for rezoning or variances are filed during the term of this Purchase Agreement,or any extension thereof, 21. the Purchase Agreement shall be automatically extended to a date which is thirty(30)days after such rezoning or variance is fully granted and 22. all time for appeals has expired. If such zoning or variance is denied, the Purchase Agreement shall terminate and all sums paid by Buyer 23. to Seller shall be refunded to Buyer, unless Buyer waives such zoning requirements in writing.At or prior to closing,Seller shall furnish Buyer 24. with satisfactory evidence that the Real Estate is suitably zoned for such use, including, without limitation, the opinion of Seller's counsel or 2a other counsel selected by Buyer to such effect, and the title insurance policy shall expressly insure such zoning. 26. Seller is hereby notified that if said zoning or variance petition is denied, there is a waiting period of 3 `• b/4 Y 5 27. which must elapse before a new petition may be filed,unless the appropriate governmental agency waives this rule, upon application by Seller 2a to obtain said waiver. 29. 2. PERMITS 30. Buyer shall have 3 lP days from the date of acceptance of the Purchase Agreement to determine whether all permits, 31. consents, approvals, permissions, and other things required or desired by Buyer to be obtained from all Federal, State or local governmental, 32. municipal,public or other officials,authorities,bodies and agencies have been obtained,or Buyer has been able to determine to its satisfaction 3a that the same are readily obtainable,in order to permit Buyer's intended use and development of the Real Estate(including,without limitations, 3a. curb cuts and access permits,environmental and ecological approvals and permits from the Federal Environmental Protection Agency and any 35. similar State agency, if any such approvals or permits are required, subdivision plat approvals, site plan approvals and permits to connect all 36 utilities which Buyer desires or requires to service the Real Estate). The parties shall cooperate with each other and furnish each other with 37. all necessary information needed to obtain all such permits, consents and approvals. Upon request of Buyer, Seller shall execute any and all 30 applications for such permits and any subdivision plat and similar or related documents which Buyer deems necessary to file with any governmental 39. authority in connection with the proposed development of the Real Estate. 40. 3. TERMINATION OF PURCHASE AGREEMENT/WAIVER OF CONDITIONS. 41. If Seller accepts this Purchase Agreement and the conditions set forth above are not satisfied within the time frame set out above (or as 42. they may have been extended in writing and attached hereto), or waived in writing by Buyer, Buyer shall be entitled to a refund of the earnest 43. money paid by Buyer to Seller,and the same promptly shall be returned to Buyer,and Buyer's obligations under the Purchase Agreement shall 44. terminate. It is understood and agreed that all of said conditions precedent contained in 1 and 2, hereinabove, are for the exclusive benefit 45. of Buyer and that Buyer shall have the right to waive any of said conditions precedent, as and when Buyer shall see fit to do so, in its sole 46. discretion.The existence of all of said conditions precedent also shall constitute representations and warranties by Seller to Buyer which must 47. be true and correct at the time of closing and which shall survive the closing;and it shall be a further condition precedent to closing that there 48 must be no misrepresentation by Seller as to any material facts or matters pertaining to the Real Estate. • 49. Notwithstanding anything to the contrary contained herein, if Buyer determines in good faith that one or more of said conditions precedent 50. cannot be satisfied and Buyer notifies Seller in writing thereof, Buyer shall be entitled to receive a refund of the earnest money paid to Seller, 51. and the same promptly shall be returned to Buyer. 52. This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which 53 together shall constitute one and the same instrument. sa. J .L 7. % 55 BUYER SELLER 56. 57. BUYER SELLER 1gg6 gV ppc,0 • 111„, Approved by and restricted to use by members of the Metropolitan Indianapolis Board Of REALTORS'..This is a legally binding contract,if not understood seek legal advice. <%MIBOR 1991 (Form No.380-01/91) rouxPtAItO5orro+ru+n"