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08-22-2001 Council Agenda
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08-22-2001 Council Agenda
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changed since the last previously filed well disclosure certificate:" followed by <br />Seller's signature; <br />(v) pay or provide evidence of payment of real estate taxes, if any, <br />pursuant to the provisions of Section 12; <br />(vi) Deliver to the Buyer any abstracts of title the City has in its <br />possession with respect to the Property; provided, however, if the City has in its <br />possession abstracts of title which cover all of a portion of the Property and other <br />property not subject to this Purchase Agreement, the City will make the abstract <br />of title available to the Buyer for purposes of the production, at the Buyer's sole <br />cost and expense, of a new abstract of title, but the City is not obligated to transfer <br />title to the abstract to the Buyer. The City has no obligation to update the <br />abstracts of title before delivering them to the Buyer; <br />(vii) Execute the Assessment Agreement; and <br />(viii) Execute a Memorandum of the Development Agreement to <br />provide record evidence of Seller's and Buyer's right and obligations under the <br />Development Agreement including, but not limited to, the obligation of Buyer <br />and any party claiming through or under Buyer to execute or otherwise consent to <br />the recording of the Assessment Agreement. <br />(ix) Pay the state deed tax due and payable in order to record the Decd. <br />b. Buyer shall: <br />fii)(i) Tender the Purchase Price to Seller pursuant to the provisions of <br />Section 5 above; <br />(ii) Pay or provide evidence of payment of the following: the State <br />Decd tax are up n th r c rding of the Deed; Buyer's pro -rata share of real estate <br />taxes, if any, pursuant to Section 12; all costs associated with Buyer's financing, if <br />any, including mortgagee's title insurance policy costs and premiums, if any; all <br />costs associated with Buyer's title examination and Buyer's owner's policy of title <br />insurance, if any; the recording fee due upon the recording the deed from Seller to <br />Buyer; and any fee Buyer's title insurer charges to conduct and insure the closing <br />of this transaction; <br />(iii) Execute and deliver to Seller the Assessment Agreement; and <br />(iv) Execute a Memorandum of the Development Agreement described <br />in Section 9(a)(viii). <br />10. Evidence of Title and Examination of Title. Within five business days after the <br />Seller's execution of this Agreement, Seller will make available to Developer any abstracts of <br />title, title insurance commitments, survey's, title insurance policies, deeds, final certificates in <br />condemnation or other evidence as to the status of Seller's title to the Property that is in Sellers <br />1316963v1 <br />Page 88 <br />
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