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2011-032
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2011-032
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Last modified
1/12/2016 2:13:53 PM
Creation date
10/1/2015 1:37:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/08/2011
Control Number
2011-032
Agenda Item Number
13.A.
Entity Name
Gamma Delta Corporation
Subject
Right of Way 66th Avenue Pond Parcel
Purchase Agreement
Area
66th Avenue between 41st. and 45th St.
Supplemental fields
SmeadsoftID
9237
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transfer the Property , which is the subject matter of this Agreement , free and <br /> clear of all liens and encumbrances . <br /> 5 . 2 From and after the Effective Date of this Agreement , Seller shall take no <br /> action which would impair or otherwise affect title to any portion of the Property , <br /> and shall record no documents in the Public Records which would affect title to <br /> the Property , without the prior written consent of the County . <br /> 5 . 3 There are no existing or pending special assessments affecting the <br /> Property , which are or may be assessed by any governmental authority , water or <br /> sewer authority , school district , drainage district or any other special taxing <br /> district . <br /> 6 . Default . <br /> 6 . 1 In the event of a default by the Seller , the County shall be entitled , as its <br /> sole remedy hereunder , to terminate this Agreement . Neither the County nor any <br /> other person or party shall have any claim for specific performance , damages or <br /> otherwise against the Seller . <br /> 6 . 2 In the event of a default by the County , the Seller shall be entitled , as its <br /> sole remedy hereunder , to terminate this Agreement . Neither the Seller nor any <br /> other person or party shall have any claim for specific performance , damages or <br /> otherwise against the County . <br /> 7 . Closing . <br /> 7 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing <br /> Date " ) shall take place within 45 days following the Effective Date of this <br /> Agreement . The parties agree that the Closing shall be as follows : <br /> ( a ) The Seller shall execute and deliver to the County a warranty deed <br /> conveying marketable title to Parcels 118 , 119 , 302 and 303 , and execute <br /> and deliver to the County the described easement to Parcel 406 free and <br /> clear of all liens and encumbrances and in the condition required by <br /> paragraphs 3 and 4 respectively . <br /> ( b) The Seller shall have removed all of its personal property and <br /> equipment from the Property and Seller shall deliver possession of <br /> Parcels 1187 119 , 302 , 303 and 406 to County vacant and in the same or <br /> better condition that existed at the Effective Date hereof. <br /> ( c) If Seller is obligated to discharge any encumbrances at or prior to <br /> Closing and fails to do so , County may use a portion of Purchase Price <br /> funds to satisfy the encumbrances . <br /> (d ) The Seller shall deliver to the County an affidavit , in form <br /> acceptable to the County , certifying that the Seller is not a non - resident <br /> alien or foreign entity , such that the Seller and such interest holders are <br /> 3 <br />
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