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2009-118
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Last modified
3/7/2016 12:00:44 PM
Creation date
10/1/2015 3:31:30 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/21/2009
Control Number
2009-118
Agenda Item Number
12.I.1
Entity Name
O'Neal Thomas Lester
Subject
Right of Way Acquisition 66th Ave. expansion
Area
7115 66th Ave.
Supplemental fields
SmeadsoftID
10612
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to the County at or prior to the Closing Date and thereupon neither the Seller nor any other <br /> person or party shall have any claim for specific performance , damages , or otherwise against <br /> the County; or ( ii ) waive the County ' s default and proceed to Closing . <br /> 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered <br /> to the Seller at or prior to the Closing Date and thereupon neither the County nor any other <br /> person or party shall have any claim for specific performance , damages or otherwise against <br /> the Seller ; or ( ii ) obtain specific performance of the terms and conditions hereof ; or ( iii ) waive <br /> the Seller' s default and proceed to Closing : <br /> 6 . Closing . <br /> 6 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date" ) shall <br /> take place within 45 days following the approval of the Board of County Commissioners . The <br /> parties agree that the Closing shall be as follows : <br /> (a) The Seller shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property , free and clear of all liens and encumbrances and in the <br /> condition required by paragraph 3 . <br /> ( b) The Seller will enter into a lease with the County at the time of closing . At <br /> the <br /> termination of the lease , Seller shall have removed all of its personal property and equipment <br /> from the Property and Seller shall deliver possession of the Property to County vacant . Seller <br /> may remove anything from the house prior to the expiration of the lease . Seller shall have the <br /> option of moving the existing structure prior to expiration of the lease at his own expense . <br /> (c ) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to <br /> do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliverto the County an <br /> affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders <br /> are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> (e ) The Seller and the County shall each deliver to the other such other documents <br /> or instruments as may reasonably be required to close this transaction . <br /> (f) County reserves the right to acquire a boundary survey to confirm parcel boundaries . <br /> 6 . 1 Taxes . All taxes and special assessments which are a lien upon the property on or <br /> prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be <br /> paid by the Seller . <br /> 7 , Closing Costs Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 3 <br />
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