During this period, the buyer - DeLuca Newtown LLC - and its employees, agents, and contractors have the right to study and investigate the property — including the survey and title commitment — to determine whether the property is suitable for the buyer's contemplated use.
This agreement language gives the buyer considerable opportunity to investigate before moving forward.
It is broader than simply checking the physical condition of the former wastewater treatment plant property. The provision specifically encompasses survey and title matters and whether the property works for the buyer's intended use.
"Buyer agrees that it shall use all good faith efforts to expedite its efforts during the Due Diligence Period."
That suggests the 75 days is available, but the buyer is also expected to move the investigation along rather than simply wait until the deadline.
The agreement also anticipates possible Township involvement during the due diligence period.
During due diligence, the buyer may:
✓ Submit a Sketch Plan.
✓ Request a meeting with Newtown Township's engineer, staff and township professionals.
✓ Submit a list of proposed variances, including ordinance citations and explanations of why the variances are required.
✓ Request a meeting with the Newtown Township Planning Commission.
The due-diligence process may provide an early indication of what the buyer hopes to do with the property and what zoning relief it believes it will need.
A Sketch Plan and a proposed variance list could therefore be among the most informative documents to watch for.
The sale process has entered an important stage. Over the 75-day due diligence period, attention should focus not only on whether the buyer proceeds with the purchase, but also on whether a Sketch Plan or requests for zoning variances begin to reveal the buyer's plans for the property.
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