10/13/2015 (3) - Laserfiche WebLink

Home Browse Search

Original no documents in the Public Records which would affect title tb the Property; without the prior written consent of the County. 4.3.1 ! There are no existinggor pending special assessments affecting the Property, which are or may be assessed by any govemmental authority; water or sewer authority, school district, drainage district or any other special taxing- district. 5. Default. 5..1 In the event the County shall fail to perform any of its obligations- hereunder, the Seller shall, •at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or priorto:the Closing:Date.and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the :County; .or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall. failto perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered.to the Seller at or priorto the Closing Date and -thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the.Seller or (ii) obtain:specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. -Closing. 6.1 The closing Of the transaction -contemplated; herein:("Closing" and 'Closing Date") shall take place within 45 days following the: execution of the contract by the Chairman Of the Board of County Commissioners. 'The parties :agree that the Closing shall be .as follows: (a) The Seller shall execute and deliver' to the County a warranty deed conveying marketable title to the .Property, free and clear of .all liens and encumbrances and in the condition required by paragraph 3. (b) j The Seller shall have removed: all of its personal property' -and equipment -from the Property and Seller shall deliver possessionof the Property to County vacant and in the same;or better condition that existed at the Effective Date .hereof. (c) If Seller is obligated to discharge any encurribrances at or prior to Closing and fails to do so, County -.may use a:poition of -Purchase Pricefundsto:satisfy the encumbrances. (d) ; If the Selleris a'non-resident alien or. foreigntentity,.Seilerahall:delivertothe County an affidavit, in a form acceptable, to .the'County,,certifying .that the Seller and any interest holders are .not .subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 3 22