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12/12/2017
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12/12/2017
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1/10/2018 9:30:02 AM
Creation date
1/10/2018 9:29:51 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/12/2017
Meeting Body
Board of County Commissioners
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4.2 From and after the Effective Date of this Agreement, Seller shall take no action <br /> which would impair or otherwise affect title to any portion of the Property, and shall record <br /> no documents in the Public Records which would affect title to the Property, without the <br /> 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, the <br /> Seller shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice <br /> delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br /> any other person or party shall have any claim for specific performance, damages, or <br /> otherwise against the County; or(ii) waive the County's default and proceed to Closing. <br /> 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the <br /> County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice <br /> delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor <br /> any other person or party shall have any claim for specific performance, damages or <br /> otherwise against the Seller;or(ii)obtain specific performance of the terms and conditions <br /> hereof; or(iii)waive the Seller's default and proceed to Closing: <br /> 6. Closing. <br /> 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") <br /> shall take place within 45 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) The Seller shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property, free and clear of all liens and encumbrances and in the <br /> condition required by paragraph 3. <br /> (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. <br /> (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County <br /> an affidavit, in a form acceptable to the County, certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980. <br /> (d) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to close this transaction. <br /> 3 <br /> x <br /> P17 <br />
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