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10/11/1988
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10/11/1988
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Meetings
Meeting Type
Regular Meeting
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Minutes
Meeting Date
10/11/1988
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and $10,000 down payment to Nancy Moon and her attorney, Sam <br />Block, but the contract and down payment were returned both <br />times. Attorney O'Haire stated that he has notified Attorney <br />Block by letter. <br />Chairman Scurlock stated that he had been told by that group <br />that they had given the option of first right of refusal to Ross <br />Laundry, but no offer was made. However, now we are hearing that <br />is not true. <br />Attorney Vitunac explained that the County has a title <br />policy insuring fee simple title to the property, and there is a <br />provision in the lease which the -Smiths had with Nancy Moon that <br />gave the right of first refusal, but the County got a contract <br />over that and a title policy that insures against that. The <br />closing has occurred. If there is a lawsuit on that issue, it is <br />between Nancy Moon and the Smiths, and it would be for financial <br />damages and would not affect the County's title to the property. <br />He understood that Attorney Block did give Ross Laundry the right <br />of first refusal, but it was only for a short time. <br />Attorney O'Haire did not concur that the issue was financial <br />damages. He felt the issue is whether they are entitled to have <br />fee simple ownership of the property pursuant to their right of <br />first refusal. They tendered their down payment in the amount of <br />$10,000 and a fully executed contract twice, and it was returned <br />each time. It is their position that since they were only given <br />a one -day opportunity to exercise their right of first refusal, a <br />court would uphold their right to purchase the property, and they <br />are prepared to take that action if necessary. However, they are <br />hopeful that we could come to agreement on this and that is why <br />they have been negotiating with Attorney Vitunac and Mr. Baird on <br />this matter and have submitted financial statements for this <br />particular laundry. <br />Mr. Ross spoke from the audience and pointed out that if <br />they did receive title to the property, the County would not only <br />OCT 11 995 <br />73 <br />BOOK 74 PAGE 518 <br />
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