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2022-109
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2022-109
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Last modified
8/8/2022 10:36:54 AM
Creation date
6/24/2022 2:08:35 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/07/2022
Control Number
2022-109
Agenda Item Number
13.B.
Entity Name
Burgess, Venda R.
Subject
Agreement to Purchase and Sell Real Estate 0.30 acre parcel of land
Lease Agreement
Warranty Deed & Title Insurance
Area
3335 58th Avenue
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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) Ms. Burgess 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) Ms. Burgess shall be entitled to one year of extended possession <br />without compensation and at the end of the one-year period, shall have <br />removed all of her personal property and equipment from the Property and <br />shall deliver possession of the Property to County vacant and in the same <br />or better condition that existed at the Effective Date hereof. The Parties <br />shall enter into a mutually agreeable lease at the time of closing. <br />(c) If Ms. Burgess is obligated to discharge any encumbrances at or prior <br />to Closing and fails to do so, County may use a portion of Purchase Price <br />funds to satisfy the encumbrances. <br />(d) Ms. Burgess shall deliver to the County an affidavit, in form <br />acceptable to the County, certifying that Ms. Burgess is not a non-resident <br />alien or foreign entity, such that Ms. Burgess and such interest holders are <br />not subject to tax under the Foreign Investment and Real Property Tax Act <br />of 1980. <br />(e) Ms. Burgess and the County shall each deliver to the other such <br />other documents or instruments as may reasonably be required to Close <br />this 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 />(d) Appraisal fees in the amount of $12,000.00 to Cantrell Ray Real <br />Estate, LLC. <br />(e) Attorney's fees in the amount of $20,000.00 representing <br />approximately 4% of the purchase price to Brent Simon Law Group. <br />(f) Moving expenses in the amount of $10,000.00 to Venda R. Burgess <br />8. Prorations. All taxes and special assessments which are a lien upon the property <br />on or prior to the Closing Date (except current taxes which are not yet due and payable) <br />shall be paid by Ms. Burgess. If the Closing Date occurs during the time interval <br />commencing on November 2 and ending on December 31, Ms. Burgess shall pay all <br />current real estate taxes and special assessments levied against the Property, prorated <br />
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