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12/13/2022 (2)
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12/13/2022 (2)
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Last modified
3/16/2023 12:17:21 PM
Creation date
3/16/2023 10:48:56 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/13/2022
Meeting Body
Board of County Commissioners
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DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B <br />Attachment 3 <br />(b) No Zoning Action. Between the Effective Date and the date of the Closing, <br />Seller will not file any application for any change of the present zoning classification of the <br />Property, unless requested to do so by Buyer. In the event Buyer requests Seller to file any such <br />application, Seller will cooperate fully with Buyer in all respects by executing consents, <br />applications and other such documents reasonably requested by Buyer in connection with its <br />efforts in developing the Property. <br />(c) No Environmental Action. Between the Effective Date and the date of the <br />Closing, Seller will not file any application for any environmental permit or any change to any <br />existing environmental permit, approval, report, status or condition of any kind relating to the <br />Property unless such change is requested by Buyer. Seller will cooperate fully with Buyer in all <br />respects by executing consents, applications and other such documents reasonably requested by <br />Buyer in connection with its efforts in developing the Property to a condition such that building <br />may commence. <br />(d) Maintenance of Insurance. Between the Effective Date and the date of the <br />Closing, all existing insurance policies shall remain continuously in full force and effect. <br />14. Moratoria. If, at the time of the Closing, there are sewer, water, building or other <br />moratoria in effect which would interfere with the immediate construction and occupancy of the <br />Contemplated Improvements, then Buyer, at its sole option, may: (a) terminate this Agreement <br />and obtain a return of the Deposit, whereupon the parties shall be relieved from all further liabilities <br />and obligations hereunder other than those that specifically survive hereunder or (b) close the <br />transactions contemplated hereby without regard to the moratoria and without any adjustment in <br />the Purchase Price or extension of the Closing date. <br />15. Real Estate Commissions. Buyer and Seller hereby warrant to each other that, <br />other than Michael Baugh of EXP Realty, LLC, neither party are represented by a real estate broker <br />or agent and that no other real estate commission shall be paid in connection with this transaction <br />and each party shall indemnify the other from any claims of any parties claiming a commission <br />by, under or through either party. Michael Baugh shall be paid commissions of % of the <br />Purchase Price at Closing, and all commissions shall be due and payable solely by Seller. This <br />provision shall survive the Closing of the transaction. <br />16. Condemnation. In the event of the institution against the record owner of the <br />Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a <br />proposed taking of any portion of the Property by eminent domain, condemnation or otherwise <br />(which materially impairs the proposed development of the Property), prior to the Closing, or in <br />the event of the taking of any portion of the Property by eminent domain, condemnation or <br />otherwise, prior to the Closing, then Seller shall notify Buyer promptly and Buyer shall have the <br />option, in its sole and absolute discretion, of either (a) terminating this Agreement and obtaining a <br />return of the Deposit, whereupon the parties shall be relieved from all further liabilities and <br />obligations hereunder other than those that specifically survive hereunder or (b) proceeding to the <br />Closing in accordance with the terms of this Agreement, but at the Closing Seller shall assign to <br />Buyer all of Seller's right, title and interest in, to and under any and all awards that have been or <br />may be made with respect to such eminent domain proceeding or condemnation. .Any such <br />election hereunder must be made by Buyer within twenty (20) days of the notice furnished by <br />Z <br />145 <br />
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