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2008-367
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2008-367
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Last modified
4/18/2016 1:57:20 PM
Creation date
10/1/2015 1:06:19 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2008
Control Number
2008-367
Agenda Item Number
8.G.
Entity Name
James and Lorine Jenkins
Subject
Purchase Agreement Right of Way Acquisition Oslo Road Expansion
Area
840 and 850 Oslor Road
Supplemental fields
SmeadsoftID
8100
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no documents in the Public Records which would affect title to the Property; without the <br /> prior written consent of the County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which <br /> are or may be assessed by any governmental authority , water or sewer authority , school <br /> district , drainage district or any other special taxing district. <br /> 5 . Default. <br /> 51 In the event the County shall fail to perform any of its obligations hereunder, the <br /> Seller shall . at its sole option , be entitled to : ( i ) terminate this Agreement by written notice <br /> delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br /> any other person or parry 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 /> 502 In the event the Seller 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 Seller at or prior to the Closing Date and thereupon neither the County nor <br /> any other person or party shall have any claim for specific performance , damages or <br /> Otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions <br /> hereof; or ( iii ) waive the Seller' s default and proceed to Closing : <br /> 6 . Closin . <br /> 6. 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date") <br /> shall take place within 45 days following the receipt of the Appraiser's Final Report . The <br /> parties agree that the Closing shall be as follows; <br /> ( a) The Seller shall execute and deliver to the County a warranty 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 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 in the <br /> same or better condition that existed at the Effective Date hereof. <br /> (c) if Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances _ <br /> (d ) If the Seller is a non - resident alien or foreign entity, Seller shall deliver to the County <br /> an affidavit , in a form acceptable to the County, certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980 . <br /> (e) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to Close this transaction . <br />
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