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2012-108
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Last modified
12/28/2015 2:05:31 PM
Creation date
10/1/2015 4:55:06 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/05/2012
Control Number
2012-108
Agenda Item Number
13.B.
Entity Name
West Nicole Grice
Subject
Right of Way Acquisition 66th Ave.
Area
1300 66th Ave.
Supplemental fields
SmeadsoftID
11660
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4.2 From and after the Effective Date of this Agreement, Ms. Grice West shall take no <br /> action which would impair or otherwise affect title to any portion of the Property, and shall <br /> record no documents in the Public Records which would affect title to the Property, without <br /> the prior written consent of the County. <br /> 4 . 3 . 1 There are no existing or pending special assessments affecting the Property, which <br /> are or may be assessed by any governmental authority, water or sewer authority, school <br /> district, drainage district or any other special taxing district <br /> 5. Default. <br /> 5. 1 In the event the County shall fail to perform any of its obligations hereunder, Ms. <br /> Grice West shall, at its sole option, be entitled to: (i) terminate this Agreement by written <br /> notice delivered to the County at or prior to the Closing Date and thereupon neither the Ms. <br /> Grice West nor any other person or party shall have any claim for specific performance, <br /> damages, or otherwise against the County; or (ii) waive the County's default and proceed <br /> to Closing. <br /> X5.2 In the event Ms. Grice West shall fail to perform any of its obligations hereunder, <br /> B. :he County shall, at its sole option, be entitled to: (i) terminate this Agreement by written <br /> (notice delivered to Ms. Grice West at or prior to the Closing Date and thereupon neither the <br /> County nor any other person or party shall have any claim for specific performance , <br /> damages or otherwise against the Ms. Grice West; or (a) obtain specific performance of the <br /> terms and conditions hereof; or (iii) waive the Ms. Grice Wesfs default and proceed to <br /> Closing: <br /> 6. Closing . <br /> 6. 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") <br /> shall take place within 30 days following the execution of the contract by the Chairman of <br /> the Board of County Commissioners. The parties agree that the Closing shall be as <br /> follows: <br /> (a) Ms. Grice West shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property, free and clear of all kens and encumbrances and in the <br /> condition required by paragraph 3. <br /> (b) If Ms. Grice West is obligated to discharge any encumbrances at or prior to Closing <br /> and fails to do so, County may use a portion of Purchase Price funds to satisfy the <br /> encumbrances. <br /> (c) If Ms. Grice West is a non-resident alien or foreign entity, Ms. Grice West shall <br /> deliver to the County an affidavit, in a form acceptable to the County, certifying that the Ms. <br /> Grice West and any interest holders are not subject to tax under the Foreign Investment <br /> and Real Property Tax Act of 1980. <br /> (d) Ms. Grice West and the County shall each deliver to the other such other <br /> documents or instruments as may reasonably be required to close this transaction . <br /> 3 <br />
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