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2008-211
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2008-211
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Last modified
4/5/2016 2:17:05 PM
Creation date
10/1/2015 12:20:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/01/2008
Control Number
2008-211
Agenda Item Number
8.Z.
Entity Name
Presiding Bishop of Church of Jesus Christ Latter-Day Saints
Subject
Demolish and rebuild church Purchase Agreement
Area
3866 12th St.
Supplemental fields
SmeadsoftID
7467
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4 . 3 Reserved. <br /> 5 . Representations of the County. <br /> 5 . 1 County hereby agrees the conveyance of the Property shall not violate any county subdivision <br /> law or create an illegal parcel -from the remainder of the property owned by Seller, and that in <br /> the event any governmental, municipal or other approval is required or necessary to <br /> effectuate the intent of this Agreement or any terms or provisions herein, such as the <br /> preparation, filing and approval of a lot line adjustment, subdivision application, plat, etc . , <br /> County shall prepare, file such necessary documents and obtain any and all required <br /> governmental approvals, at its sole cost and expense, and to the extent allowed by law, <br /> hereby agrees to indemnify, save, hold harmless and to defend Grantor from any and all <br /> costs, expenses, and claims caused by or arising from the failure to do so. Obtaining any such <br /> required or necessary governmental, municipal or other approval is a condition precedent to <br /> the transaction described herein. Seller agrees to reasonably cooperate with County to obtain <br /> such approval, if necessary, provided that Seller shall not incur any expenses associated <br /> therewith. <br /> 5 . 2 County further hereby agrees that it will insure Seller' s continued and unobstructed <br /> access to its remaining property during and after County' s construction of the road and <br /> improvements , which are to be constructed on the Property, and to restore Seller' s <br /> property to its original condition, including, but not limited to, all landscaping, curb and <br /> gutter, sidewalks and entrance drives. <br /> 6 . Default. <br /> 6 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy <br /> hereunder, to terminate this Agreement and neither the Seller nor any other person or <br /> party shall have any claim for specific performance, damages or otherwise against the <br /> County. <br /> 6 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County <br /> shall be entitled to : (i) terminate this Agreement by written notice delivered to the Seller <br /> at or prior to the Closing Date, and pursue all remedies available hereunder and under <br /> applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) <br /> waive the Seller's default and proceed to Closing. <br /> 7 . Closing. <br /> 7 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall <br /> take place within 45 days following the Effective Date of this Agreement. The parties <br /> agree that the Closing shall be as follows : <br /> (a) The Seller shall execute and deliver to the County a quitclaim deed conveying <br /> Seller's interest in the Property. <br /> (b) The Seller shall have removed all of its personal property and equipment from the <br /> Property and Seller shall deliver possession of the Property to County vacant and <br /> in the same or better ' condition that existed at the Effective Date hereof. <br /> (c) The Seller shall deliver to the County an affidavit, in form acceptable to the <br />
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