My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2008-426
CBCC
>
Official Documents
>
2000's
>
2008
>
2008-426
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
4/21/2016 10:49:26 AM
Creation date
10/1/2015 1:13:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2008
Control Number
2008-426
Agenda Item Number
13.C.
Entity Name
Neil J. Gaeta
Subject
Right of Way Acquisition Purchase
Area
3540 41st. Street
Supplemental fields
SmeadsoftID
8249
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
11
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
writing and proceed with this transaction with no reduction in the Purchase Price, in which event such <br /> waived title defects shall be deemed Permitted Exceptions hereunder; or (ii) terminate this Agreement in <br /> writing before five (5 ) days after receipt of such written notice from Seller not to cure the stated title <br /> defects , whereupon , the parties shall be relieved of all further liability under this Agreement . In the event <br /> County fails to timely and properly terminate this Agreement as set forth in subsection (ii) above, County <br /> shall be deemed to have selected subsection (i) above . If County has given Seller timely written notice of <br /> title defects and Seller elects to cure such title defects , Seller shall use its good faith diligent efforts to <br /> cause such title defect to be cured by the date of Closing, which may be extended for Sixty (60) days in <br /> order to allow Seller a reasonable amount of time to cure, using good faith diligent efforts . In the event <br /> that Seller is incapable of curing any title defects prior to the Closing Date, as same may be extended as <br /> set forth above, upon delivery of written notice to County notifying County that said title defect is <br /> incapable of being cured , County shall have the option of either: (i) closing and accepting the title "as is" , <br /> in which event such waived title defects shall be deemed Permitted Exceptions ; or (ii) terminating this <br /> Agreement upon written notice to Seller within five (5) days from the receipt of Seller' s notice, in which <br /> event the parties shall be released from all further obligations under this Agreement, except those <br /> obligations which expressly survive termination . In the event County fails to timely and properly <br /> terminate this Agreement as set forth in subsection (ii) above, County shall be deemed to have selected <br /> subsection (i) above <br /> Notwithstanding the foregoing, Seller shall be obligated to cure all mechanics ' liens, mortgages <br /> and any other items of ascertainable monetary amounts created or arising by, through or under Seller prior <br /> to Closing, and for these purposes , Seller may utilize all or a portion of the Purchase Price when paid at <br /> Closing to satisfy the same . <br /> 4 . Representations of the Seller. <br /> 4 . 1 Seller is indefeasibly seized of fee simple title to the Property , and is the sole owner of and has <br /> good right, title and authority to convey and transfer the Property , which is the subject matter of this <br /> Agreement, free and clear of all liens and encumbrances other than the Permitted Exceptions . <br /> 4 . 2 From and after the Effective Date of this Agreement, Seller shall take no action which would <br /> impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public <br /> Records which would materially affect title to the Property , without the prior written consent of the <br /> County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which are or may be <br /> assessed by any governmental authority , water or sewer authority , school district, drainage district or any <br /> other special taxing district . <br /> 5 . ReRresentations of the County . County represents and warrants to Seller as of the Effective Date <br /> and as of the Closing that: (i ) County has full power and authority to enter into this Agreement and to <br /> comply with the terms of this Agreement ; (ii) the entering into this Agreement shall not constitute a <br /> violation or breach by County of any contract, agreement, understanding or instrument to which it is a <br /> party or by which County is subject and bound ; and will not result in the violation of any applicable law, <br /> order, rule or regulation of any governmental or quasi-governmental authority; ( iii) all requisite action has <br /> been taken to make this Agreement valid and binding on County in accordance with its terms ; and (iv) the <br /> party signing this Agreement on behalf of County is fully authorized to do so and County does not need <br /> any further consents , joinders or authorization from any governmental or private entity , corporation, <br /> partnership , individual or other entity to execute, deliver and perform its obligations under <br /> this <br /> 2 <br /> CADmunxms and SdtbrgrwerhslKilebnunU.ucal SeWiVATemporury hum>rr Fiks\OLKSOMS - Purclwse and Sell AEreenrem - Veru Busumss Park (VB Fenn) v2 ( 11 -« ) -08). <br />kx• <br />
The URL can be used to link to this page
Your browser does not support the video tag.