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2022-232
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Last modified
2/13/2023 9:55:53 AM
Creation date
11/23/2022 2:02:52 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/08/2022
Control Number
2022-232
Agenda Item Number
12.G.2.
Entity Name
Old Dixie 4086 LLC
Subject
Agreement to Purchase and Sell Real Property 4086 Old Dixie Highway and 2185 41st Street
Warranty Deed and Closing Statement
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easements of record provided (a) there exists at Closing no violation of any of the <br />foregoing; and (b) none of the foregoing prevents County's intended use and <br />development of the Properties ("Permitted Exceptions"). <br />3.1 County may order an Ownership and Encumbrance Report or Title Insurance <br />Commitment with respect to the Properties. County shall within thirty (30) days <br />following the Effective Date of this Agreement deliver written notice to Seller of title <br />defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice <br />of defects within the time specified, or (b) County delivers notice and Seller cures the <br />defects within thirty (30) days from receipt of notice from County of title defects <br />("Curative Period"). Seller shall use best efforts to cure the defects within the Curative <br />Period and if the title defects are not cured within the Curative Period, County shall have <br />thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, <br />to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or <br />(ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject <br />to existing defects and proceed to closing. <br />3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment <br />of the Property for the County's intended use. The Seller shall permit access to the <br />County (or its agent) for such testing and examination needed for the Phase 1 <br />Assessment upon reasonable notice by the County. At the conclusion of the Phase 1 <br />Assessment, the property shall be returned to its original condition, ordinary wear and <br />tear excepted. <br />3.3 In the event that the Phase 1 Environmental Assessment does not come back as <br />a "clean" report, this agreement is further contingent upon a "clean" Phase 2 <br />Environmental Assessment of the Property for the County's intended use. The Seiler <br />shall permit access to the County (or its agent) for such testing and examination needed <br />for the Phase 2 Assessment upon reasonable notice by the County. At the conclusion <br />of the Phase 2 Assessment, the property shall be returned to its original condition, <br />ordinary wear and tear excepted. <br />4. Representations of the Seller. <br />4.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and <br />is the sole owner of and has good right, title, and authority to convey and transfer the <br />Properties which is the subject matter of this Agreement, free and clear of all liens and <br />encumbrances. <br />A-2 From and after the E=ffective ®ate of this Agroomont, Sellor shall take no action <br />which would impair or otherwise affect title to any portion of the Properties, and shall <br />record no documents in the Public Records which would affect title to the Properties, <br />without the prior written consent of the County. <br />4.3.1 There are no existing or pending special assessments affecting the Properties, <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 />2 <br />
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