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2012-148A
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2012-148A
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Last modified
1/4/2016 11:40:14 AM
Creation date
10/1/2015 4:53:25 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Lease
Approved Date
08/21/2012
Control Number
2012-148A
Agenda Item Number
12.J.
Entity Name
Beale Holdings
Subject
Lease Agrement
Utilities Acres Adjacent to South Water Plant Contract
Area
1225 5th Street SW
Supplemental fields
SmeadsoftID
11654
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Addendum to Purchase . Contract. <br /> (1 ) Feasibility Study. Buyer will, at Buyer's. expense on . or. before August 21 , 2012 <br /> ("Feasibility Study Per<od j , determine, whether the Property is suitable and acceptable , <br /> in Buyer's sole and, absolute discretion , for governmental use. During the Feasibility <br /> Study Period , Buyer . may conduct a : Phase I environmental. assessment, an appraisal <br /> and any other tests ; analyses, surveys and investigations Cinspections') that Buyer <br /> deems necessary to determine .to Buyer's satisfaction the Property's. engineering , <br /> architectural and environmental properties; zoning and zoning restrictions; subdivision <br /> statutes; soil and . g faded . availability . of access to public roads, water, and other utilities; <br /> consistency . with .local, :state.: and regional1 growth; 4mahagement plans;: availability of <br /> permits, government approvals, and licenses;: and other inspections that Buyer deems <br /> appropriate to determine the Property's suitability and acceptability for the Buyer's <br /> intended use. <br /> Seller gives Buyer, its agents ; contractors and assigns, the right to eater the Property at <br /> any time during the Feasibility Study Period for the purpose of conducting inspections; <br /> provided , however, that Buyer, its agents, contractors and assigns enter the Property <br /> and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless <br /> from losses , damages, costs, claims and expenses of any nature , Including attorneys' <br /> fees, expenses and liability .incurred :in application for rezoning or related proceedings, <br /> and from liability to any person , arising from the .conduct of any and all inspections or <br /> any work authorized by Buyer. Buyer will not engage in any activity that could result in <br /> a construction lien being filed against. the Property without Seller`s prior written consent <br /> If this transaction does not close, Buyer will , at Buyer' expense, (1 ) repair all damages <br /> to the Property resulting from the inspections and return the Property to the condition it <br /> was in prior to conduct- of the inspections, and (2) release to Seller all reports and other <br /> work generated as a result of the inspections. <br /> Buyer will deliver written notice to Seiler prior to the expiration of the Feasibility Study <br /> Period of Buyer's determination of whether or not the Property is suitable and <br /> acceptable . . . Buyer's failure to comply with this. notice requirement will constitute <br /> aoceptance of the Property as suitable for Buyer's intended use In its "as le condition. <br /> If the Property is unacceptable to Buyer and written notice of this fact Is timely delivered <br /> to Seller, this Contract wiii be deemed terminated as of the day after the Feasibility <br /> Study period ends and Buyer's deposit(s)- will be returned after Escrow Agent receives <br /> . proper authorization from all interested parties. <br /> ju IRC <br /> 375 <br />
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