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2006 NS Contract - Property Acquisition: Walnut Grove Church Road
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2006 NS Contract - Property Acquisition: Walnut Grove Church Road
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Last modified
5/4/2011 11:52:45 AM
Creation date
9/28/2010 10:04:29 AM
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BOCC
Date
12/12/2006
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
9d
Document Relationships
Agenda - 12-12-2006-9d
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\Board of County Commissioners\BOCC Agendas\2000's\2006\Agenda - 12-12-2006
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li. PROPERTY INSPECTION, APPRAISAL, INVESTIGATION (Choose ONLI' ONE otthe following Alternatives): <br />Q ALTERNATIVE 1: <br />fa) Soit, ~~'ater, Utilities And Environmental Contingency: This contract is contingent upon Buffer obtainin<~ re,airns) that Vii) th; <br />soil is suitable for Bu~~er's Intended Use; (ii) utilities and ~.yater are available w the Proprm~. (iii) there is ro environmental <br />cor,tamir,ation, !.ni~. rule or re~~ulation that prohibits. restricts yr limitc Buyer's Intended_l'se. and (ivj there is no tloi,d n;riarc; ;hat <br />proh,hrts. restricts c* lim;ts Buyers Intended lase (u~~iecti~c!: the "Reh_r'~"1 .All costs and expenses ~~foht,:inin_ the• Rep~',ns shall ire <br />brinte b~ Bu}er Bu~.er s!t,al use 13u~er's bc~r cffort~ t~~ i~b„i;r, t;cti }::ports. If the Reni~rts cannot he obtained. Bu~cr may ,ent;in.ae <br />this cimtr~ct ~r~i~', the [=arrest '~tuncs D~pusit shall be ref~.utde~ ru t3u~er. Buyer •~.+ai~es thu condition unless Bu~.er pri~tiides ~+rtten <br />nuuce to Seiler b` that this condition cannot he satiated, time hein~;, of the essence. <br />(b) Sewer S.~stern Icl:~eck orals ONF i_ <br />^ Buyer h rs in~~est gated the costs and expenses to '.nsr<+II the se•.~rr system approved be the Improvement Prm~it attached hereto as <br />Exhibit A and hereby approves and accepts said Impruycment Permit- <br />^ Seller represents tha[ the system has been installed, which representatii>n suni~es Closine. but mai:es no funkier representations as <br />to the c)stcm. Buser acknowledges receipt of the Improvement Permit attached hereto as Exhibit A. Buyer shall have the option of <br />inspecting or obtaining, at Buyer's expense, inspection(s) to determine the condition of the system. If the system is nut pert<~r7rting the <br />function for «hich intended and is in need of immediate repair. Buyer may terminate this Contract and the Earnest Money Deposit shall <br />be refunded to Buyer. Buyer wanes this condition unless Buyer provides ~~ritten notice to Seller by <br />that this condition cannot be satisfied, time being of the essence. <br />^ This contract is continent open ^ Buyer ^ Seller ("Responsible Party") obtaining an Improvement Pemtit or written evaluation <br />from the County Health Department ("County") fora (check only ONE) ^ com~entional or ^ other <br />ground absorption sewage system fora bedroom home. All costs and expenses of obtaining such Permit or written evaluation <br />shall he borne by Responsible Pam' unless othenaise agreed. In any event Seller, by no later than , <br />shall be responsible for clearing that portion of the Proper` required by the County to perform its tests. andior inspections. Responsible <br />Pam shall use best efforts to obtain such Perniit or ~~ritten evaluation. If the Improvement Permit ire written evaluation from the <br />County cannot be obtained by (date), either pan tna} terminate this Contract and the Earnest Money <br />Deposit shall be refunded to Buyer. <br />^ Buyer has investigated and approved the availability. costs and expenses to connect to a ^ public or ^ community sewer system. <br />(c) Appraisal Contingency: The Property must appraise at a value equal to or exceeding the purchase price or, at the option of Buyer.. <br />this contract may he tern~inated and all earnest monies shall be refunded to Buyer. If this contract is not subject to a financin~~ <br />contingency requiring an appraisal, Buyer shall arrange to have the appraisal completed on or before <br />The cost of the appraisal shall be borne by Buyer. <br />(d) CLOSING SHALL CONSTITUTE ACCEPTANCE OF THE PROPERTY IN ITS THEN EXISTIN(; CONDITION <br />UNLESS PROVISION IS OTHER«'15E MADE IN V1-'KITING <br />^ ALTEKNATIVE 2: (This .411ernatrve npplres Orti'LY' rf ~lternatire 7 is checked ,~IA~D Buyer has paid the Option Feel <br />(a) Property Investigation with Option to Terminate: In consideration of the sum set forth in paragraph 2(c) paid by Buyer to <br />Seller (not Escrow Agent) and other valuable consideration,. the sufficiency of which is hereby acknowled,ed (the "Option Fee"). <br />Buyer shall have the right to terminate this contract for any reason or no reason, whether related to the physical condition of the <br />Propem~ or otherytiise, by delivering to Seller ~7itten notice of termination (the "Termination Notice") by ~~OU p.m. on <br />time being of the essence (the "Option Termination Date"). At any time prior ro Closing., <br />Buyer shall have the ri~~ht to inspect. the Property at Buyer's expense (Buyer is advised to have all inspections and appraisals of the <br />Property.. includin; but not limited to those matters set i'on,h in Alternative 1, pertbrmed prior to the Option Tern~ination Date). <br />(b) Exercise of Option: if Buyer delivers the Termination lutice prior to the Option Tcmtination Date, time being ~,f the essence, this <br />contract shall become null and void and all earnest monies received in connection here~tiith shall be refunded to Buyer; however, the <br />Option Fee will not he refunded and shall be retained by Seller. if Buyer fails to deliver the Tem~ination Notice to Seller prior to the <br />Option Termination Date.. then Buyer will be deemed to have accepted the Property in its physical condition existing as of the Option <br />Termination Date; provided such acceptance shall not constitute a waiver of any rights Buyer has under paragraph 3. The Option Fee is <br />not refundable, rs not a part of any earnest monies, and will be credited to the purchase price at Closing. <br />(c) CLOSING SHALL CONSTITUTE ACCEPTANCE OF TFiE PROPERTY IN ITS THEN EXISTING CONDITION <br />I:NLESS PROS"ISfON IS OTHERWISE !NADF IN ~~'RITINC <br />Pa~_e 3 of -: <br />STANDARD FOKAI 12 - T <br />Buyer Initials Seller Initials ~ r;~.L_.- ~~ 7120Q6 <br />P~oouced wRh ZiuForm*~ by RE FonnsNer. LlC t$OZS F!tteen Mi'~? Rca~7 C!ir,tOn Township,PAiChigan 4BOs5 •NxN ZiDrorm Con crat?Ircc <br />
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