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01/14/2020 (3)
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01/14/2020 (3)
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8/19/2020 12:40:55 PM
Creation date
5/20/2020 10:53:20 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
01/14/2020
Meeting Body
Board of County Commissioners
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4.2 From and after the Effective Date of this Agreement, County 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 Buyers. <br />4.3 There are no existing or pending special assessments affecting the Property, <br />which are or may be assessed by any governmental authority, water or sewer authority, <br />school district, drainage district or any other special taxing district. <br />5. Default. <br />5.1 In the event the Buyers 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 Buyers at or prior to the Closing Date and thereupon retain the Escrowed <br />Funds as liquidated damages. Neither the County nor any other person or party shall <br />have any claim for specific performance, damages, or otherwise against the Buyers; or <br />(ii) waive the Buyer's default and proceed to Closing. <br />5.2 In the event the County shall fail to perform any of its obligations hereunder, the <br />Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice <br />delivered to the County at or prior to the Closing Date and thereupon neither the Buyers <br />nor 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 />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 Effective Date of this Agreement. The parties <br />agree that the Closing shall be as follows: <br />(a) The County shall execute and deliver to the Buyers a County 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) The County shall have removed all of its personal property and equipment from <br />the Property and the County shall deliver possession of the Property to Buyers vacant <br />and in the same or better condition that existed at the Effective Date hereof. <br />(c) If County is obligated to discharge any encumbrances at or prior to Closing and <br />fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the <br />encumbrances. <br />(d) The County and the Buyers shall each deliver to the other such other documents <br />or instruments as may reasonably be required to close this transaction. <br />7. Closing Costs; Expenses. Buyers shall be responsible for preparation of all Closing <br />documents. <br />33 <br />
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