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2011-090
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2011-090
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Last modified
1/29/2016 1:39:07 PM
Creation date
10/1/2015 1:52:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/12/2011
Control Number
2011-090
Agenda Item Number
13.A.
Entity Name
Hale Family 1999 Limited Partnership
Subject
Agreement purchase Right of Way
Area
66th Ave. and 37th Street Parcels 121,151,152
Supplemental fields
SmeadsoftID
9507
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Q ` <br /> Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects <br /> within the time specified , or ( b ) County delivers notice and Seller cures the defects <br /> within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative <br /> Period ") . In no event will Seller be required to spend more than three ( 3 % ) percent of <br /> the Purchase Price or file suit to cure title defect , but Seller shall use best efforts to cure <br /> the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period <br /> to elect , by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon the <br /> agreement shall be of no further force and effect , or ( ii ) extend the Curative Period for <br /> up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to <br /> closing . <br /> 4 . Title to Parcels 409 and 804 <br /> Seller shall convey a perpetual non -exclusive easement for access and drainage over <br /> Parcel 409 and 804 free of claims , liens , easements and encumbrances of record or known to <br /> Seller; but subject to property taxes for the year of Closing for use as an access easement <br /> ( Parcel 804 ) and stormwater retention pond ( Parcel 409 ) for the County' s 66th Avenue <br /> improvement project and subject to covenants , restrictions and public utility easements of <br /> record provided (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of <br /> the foregoing prevents County' s intended use and development of Parcel 409 and 804 . <br /> Assuming the County creates a stormwater pond on Parcel 409 before Seller creates a joint <br /> stormwater retention pond pursuant to paragraph 9 . 11 below , the County shall own the fill dug <br /> from Parcel 409 . <br /> 4 . 1 County may order an Ownership and Encumbrance Report with respect to Parcel <br /> 409 and 804 . County shall , within thirty ( 30) days from receipt of the Ownership and <br /> Encumbrance Report , deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if ( a ) County fails to deliver notice of defects within the <br /> time specified , or ( b ) County delivers notice and Seller cures the defects within thirty <br /> (30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . In no <br /> event will Seller be required to spend more than three ( 3 % ) percent of the Purchase <br /> Price or file suit to cure title defects , but Seller shall use best efforts to cure the defects <br /> within the Curative Period and if the title defects are not cured within the Curative <br /> Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , <br /> by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no <br /> further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; <br /> or ( iii ) accept title subject to existing defects and proceed to closing . <br /> 5 . Representations of the Seller . <br /> 5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is <br /> the sole owner of and has good right , title and authority to convey and transfer the <br /> Property , which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 2 <br />
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