8/17/2016 11:55:19 AM
9/30/2015 9:29:39 PM
Official Document Type
Agenda Item Number
Fred H. and Edward P. Peterson
Right of Way land acquisition
3375 66th Ave.
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4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which <br /> would impair or otherwise affect title to any portion of the Property , and shall record no <br /> documents in the Public Records which would affect title to the Property , without the prior written <br /> consent of the County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which are or <br /> may be assessed by any governmental authority , water or sewer authority , school district , <br /> drainage district or any other special taxing district . <br /> 5 . Default . <br /> 5 . 1 in the event the County shall fail to pertorm any of its obligations hereunder, the Seller <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to <br /> the County at or prior to the Closing Date and thereupon neither the Seller nor any other person <br /> or party shall have any claim for specific performance , damages , or otherwise against the <br /> 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 to <br /> the Seller at or prior to the Closing Date and thereupon neither the County nor any other person <br /> or party shall have any claim for specific performance , damages or otherwise against the Seller; <br /> or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive the Seller' s <br /> 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 60 days following the Effective Date of this Agreement . The parties agree that <br /> the Closing shall be as follows : <br /> ( a ) The Seller shall execute and deliver to the County a warranty deed conveying marketable <br /> title to the Property , free and clear of all liens and encumbrances and in the condition required by <br /> paragraph 3 . <br /> ( b ) Upon termination of LEASE ( see Addendum , Item #2 ) the Seller shall have removed all of <br /> its personal property and equipment from the Property and Seller shall deliver possession of the <br /> Property to County vacant and in the same or better condition that existed at the Effective Date <br /> hereof. <br /> ( c ) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do <br /> 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 deliver to 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 or <br /> instruments as may reasonably be required to Close this transaction . <br /> 5/20/2004F :\Public Works\Capital Projects\66th Avenue Agreements\Peterso,21 - 14-05 . doc <br />
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