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Agenda - 01-15-2008-4y2
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Agenda - 01-15-2008-4y2
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8/29/2008 2:22:03 PM
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8/28/2008 9:31:09 AM
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BOCC
Date
1/15/2008
Document Type
Agenda
Agenda Item
4y2
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Minutes - 20080115 - Late
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for requesting an adjustment to the Purchase Price is that Seller was delayed in the commencement of <br />construction by reason of the public bid process or by the reason of matters reasonably beyond Seller's <br />control, Seller shall deliver to Purchaser with the requested adjustment a copy of each and every document <br />and any other information relied upon by Seller in arriving at the Purchase Price. <br />SECTION 3. Casts and Prorations. <br />3.01 Seller shall pay the cast of deed preparation and any and all real estate excise tax, <br />any, transfer tax, revenue tax or other imposition of any nature applicable to this transaction. Purchaser shall <br />pay the cost of its title examination, the title insurance premium charged by Purchaser's title insurer far <br />owner's and lender's title insurance coverage, the cost of any updated survey required by Purchaser, <br />Purchaser's lender or Purchaser's title insurer and the per page cost of recording the deed. Each party shall <br />pay its own attorneys' fees. <br />3.02 All ad valorem real and personal property taxes assessed against the Property for the <br />calendar year in which the Closing occurs shall be paid by Seller at Closing. All ad valorem real and <br />personal property taxes assessed against the Property for the calendar year in ~vluch the Closing occurs shall <br />be prorated as of the Closing Date an a calendar year basis. The Purchase Price shall be increased by the <br />amount of Purchaser's share of such prorated taxes. If the tax bill for the calendar year in which Closing <br />occurs is pat available at the time of Closing, the parties shall estimate the ad valorem real and personal taxes <br />for the calendar year in which Closing occurs based upon the assessed value of the Property as of January 1 <br />of the calendar year in which Closing occurs and the tax rate in effect for the Property on the Closing Date (as <br />hereinafter defined). <br />3.03 In the event any adjustments pursuant to this Section are, subsequent to Closing, <br />found to be erroneous, then either party hereto is entitled to additional marries and shall im~oice the other <br />party far such additional amounts as may be owing, and such amount shall be paid promptly by the other <br />party upon receipt of the im%aice. Such im~oice shall be accompanied by reasonable substantiating e<<idence. <br />SECTION 4. Title. At Closing, Seller shall furnish and deliver to Purchaser, at Seller's expense, <br />the fallowing: <br />4.01 Seller shall com~ey gaol, marketable, fee simple and insurable title to the Real <br />Property to Purchaser by general warranty deed. The Real Property shall not be subject to any {a} deed of <br />trust, security agreement, judgment, unpaid assessments for improvements, lien or claim of lien, or any other <br />title exception ar defect that is monetary in nature, or (b) any lease, rental agreement or other right of <br />occupancy of any kind, whether written or oral. Seller agrees to pay and satisfy of record any such title <br />defects or exceptions prior to or at Closing at Seller's expense. The Property may be subject to easements and <br />rights of way far utilities and vehicular and pedestrian access to and from adjoining properties of Seller and <br />others (including the parking deck to be constructed by or far Seller} and ~~'. ~Zargaret Lane, N & K Street <br />and/or S. Churtan Street, whether na~v existing ar hereafter granted by Seller in connection with its <br />development of the Property and adjoining properties, specifically including, without limitation, the <br />temporary and permanent access, construction, utilities and other easements shown on the plats of survey <br />recorded in Plat Book 102, Pages 52, 53 and 54, Orange Counter Registry, and to such other matters, <br />exclusive of any title exception ar defect described in (a} or (b) above, as are noted in Schedule B - <br />Part I of Im%estors Title Insurance Company owners policy of title insurance no. 204700432CH (collectively <br />the "Permitted Exceptions"}, and no such Permitted Exception shall constitute a basis for any title objection <br />by Purchaser. As to any other title exceptions or defects {the ``Title Exceptions"), Purchaser shall have until <br />and including the day which is thirty (30} calendar days prior to the Closing Date (the "Title Exceptions <br />-3- <br />
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