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2019-065
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2019-065
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Last modified
12/27/2019 1:02:22 PM
Creation date
4/16/2019 2:59:39 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/16/2019
Control Number
2019-065
Agenda Item Number
13.A.
Entity Name
Central Groves Corp
Subject
66th Avenue Improvements Right of Way Acquisition
Area
66th Avenue and 61st Street
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6. Default. <br />6'.1 In the event the Central shall fail to perform any of its obligations hereunder, <br />the County shall be entitled to: (i) terminate this Agreement by written notice <br />delivered to the Central at or prior to the Closing Date, and pursue all remedies <br />available hereunder and under applicable law; (ii) obtain specific performance of <br />the terms and conditions hereof; or (iii) waive Central's default and proceed to <br />Closing. <br />6.2 In the event of a default by the County, the Central shall be entitled, as its <br />sole remedy hereunder, to terminate this Agreement. Central shall have no claim <br />for specific performance, damages or otherwise against the County. <br />7 Closing. <br />7.1 The closing of the transaction contemplated herein ("Closing" and "Closing <br />Date") shall take place within 45 days following the Effective Date of this <br />Agreement. The parties agree that the Closing shall be as follows: <br />(a) Central shall execute and deliver to the County a warranty deed <br />conveying marketable title to the Property, free and clear of all liens and <br />encumbrances and in the condition required by paragraphs 3 and 4 <br />respectively. <br />(b) Central shall have removed all of its personal property and <br />equipment from the Property and shall deliver possession of the Property <br />to County vacant and in the same or better condition that existed at the <br />Effective Date hereof. <br />(c) If Central is obligated to discharge any encumbrances at or prior to <br />Closing and fails to do so, County may use a portion of Purchase Price <br />funds to satisfy the encumbrances. <br />(d) Central shall deliver to the County an affidavit, in form acceptable to <br />the County, certifying that Central is not a non-resident alien or foreign <br />entity, such that Central and such interest holders are not subject to tax <br />under the Foreign Investment and Real Property Tax Act of 1980. <br />(e) Central and the County shall each deliver to the other such other <br />documents or instruments as may reasonably be required to Close this <br />transaction, including any corrective documents. <br />7.2. Closing Costs; Expenses. County shall be responsible for preparation of <br />all Closing documents. County shall pay the following expenses at Closing: <br />(a) The cost of recording the warranty deed and any release or <br />satisfaction obtained by Seller pursuant to this Agreement. <br />(b) Documentary Stamps required to be affixed to the warranty deed. <br />(c) All costs and premiums for the owner's marketability title insurance <br />commitment and policy, if any. <br />3 <br />
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