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Reso 2019-2950
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Reso 2019-2950
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Last modified
6/27/2019 2:32:46 PM
Creation date
6/25/2019 3:58:38 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2019-2950
Date (mm/dd/yyyy)
06/20/2019
Description
Rescind Reso 2018-2890; Approve Purchase & Sale Agmt and Related Easements w/WT600
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Purchaser shall require all agents and representatives conducting the Inspections to maintain a <br /> policy of commercial general liability insurance with a broad form contractual liability <br /> endorsement and with a combined single limit of not less than $1,000,000.00 per occurrence for <br /> bodily injury and property damage. This paragraph 7 shall survive closing. <br /> 8. Closing Costs. Purchaser shall be responsible for closing costs including: (a) <br /> documentary stamp taxes on the purchase of the Easement; (b) surtax on the purchase of the <br /> Easement; (c) recording costs for the Easement and all easement agreements referenced in this <br /> Agreement; (d) title search report; (e) municipal lien search report; (f) title insurance premium <br /> for any policy and endorsements thereto issued in favor of Purchaser; (g) survey and any drawings <br /> depicting the Property, (h) attorneys' fees incurred by Purchaser; and (i) Seller's attorney fees in <br /> the amount of$20,000.00. <br /> 9. Closing. The closing ("Closing") shall be held no later than thirty (30) days from <br /> execution of this Agreement. At Closing, Seller and Purchaser shall execute and deliver the <br /> following documents: <br /> (i) Exhibit "A" (Permanent Easement Agreement); <br /> (ii) Exhibit "B" (Easement Agreement for Landscape and Pedestrian Use); <br /> (iii) Exhibit "C" (Utility Easement Agreement); <br /> (iv) Exhibit "D" (Temporary Construction Easement Agreement) <br /> (v) If applicable, appropriate <br /> evidence of Seller's good standing and <br /> Seller's authority to sell and convey the Easement which shall be in <br /> the form of a written resolution by the board of directors of Seller. <br /> Seller shall not be required to amend its Declaration of Condominium <br /> or provide consent of the unit owners comprising Seller; <br /> • (vi) a settlement statement prepared by Purchaser; and <br /> (vi) such other documents that Purchaser may reasonably require in <br /> connection with the delivery of good and marketable title to the Property from <br /> Seller to Purchaser. <br /> 10. No Brokers. Seller and Purchaser each represent to the other that it has not <br /> dealt with any broker, salesperson or agent in connection with the execution and delivery <br /> of this Agreement, and the other partyshall not be required to payanycommission <br /> l�' � q <br /> whatsoever with respect to this Agreement resulting from the actions of the party making <br /> such representations. Seller and Purchaser each indemnify and hold each other harmless <br /> from and against any and all claims, losses, costs, damages, liabilities and expenses <br /> (including without limitation, reasonable attorneys' and paralegal fees) resulting from a <br /> breach by the indemnifying party of the foregoing representation. <br /> 11. Notices. Any notices required or permitted to be given under this <br /> Agreement shall be in writing and shall be deemed given if delivered by hand, sent by <br /> recognized overnight courier (such as Federal Express), transmitted via facsimile <br /> transmission ,or email, or mailed by certified or registered mail, return receipt requested, <br /> in a postage pre-paid envelope, and addressed as follows: <br /> Page 4 of 8 <br />
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