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Agenda - 12-12-2006-5i
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Agenda - 12-12-2006-5i
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Last modified
9/1/2008 9:27:44 PM
Creation date
8/29/2008 9:56:22 AM
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BOCC
Date
12/12/2006
Document Type
Agenda
Agenda Item
5i
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Minutes - 20061212
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\Board of County Commissioners\Minutes - Approved\2000's\2006
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<br />13. MISCELLANEOUS CLOSING EXPENSES. Trinity will pay any documentary <br />stamp tax, real estate transfer fee or any similar charge due upon conveyance of title <br />to the Optionee. The Optionee will pay recording fees. <br />14. POSSESSION. Trinity will deliver possession of the Option Property to the <br />Optionee at Closing subject to no leases, mortgages, liens or other reserved rights, <br />and in the condition set forth below in Paragraph 12. <br />15. OPTION PROPERTY USE. Upon transfer of title to Optionee, all of the Option <br />Property shall be placed under a conservation easement in the form attached as <br />Exhibit B ("Conservation Easement"). Trinity shall reserve for itself the right to <br />access the Option Property for educational purposes. Said right of access will be <br />subject to the terms of the Conservation Easement. <br />16. CONDITION OF OPTION PROPERTY/ RISK OF LOSS. Trinity shall not <br />transfer or encumber any interests in the Option Property prior to Closing. Trinity <br />shall remove all rubbish or trash including any hazardous or harmful chemical <br />substances, from the Option Property prior to Closing but shall otherwise keep the <br />Option Property in its current condition until Closing and shall prevent and refrain <br />from any use of the Option Property, for any purpose or in any manner, that would <br />diminish its value or adversely affect the Optionee's intended use of the Option <br />Property. By way of example and not limitation, Trinity shall not change existing <br />surface or other natural contours of the Option Property; shall not engage in any <br />excavation, mining, road building or timbering activities on the Option Property and <br />shall not engage in the dumping of waste or debris on the Option Property. <br />Risk of loss or damage by fire, vandalism or other casualty prior to payment of the <br />purchase price and Closing shall remain with Trinity. In the event of any adverse <br />change in the condition of the Option Property, whether said change is caused by <br />Trinity or by forces beyond Trinity's control, the Optionee may. elect to a) refuse to <br />accept the Option Property; b) accept the Option Property, or a portion thereof, in <br />which case there may be an equitable adjustment of the purchase price based on a <br />change in circumstances; or c) require restoration of the Option Property to its <br />condition at the time this Option was granted. <br />17. RIGHT OF ENTRY AND INSPECTION. The Optionee and its agents and <br />assigns shall have the right to enter upon the Option Property at reasonable times for <br />surveying, conducting environmental inspections and assessments to detect hazardous <br />or toxic substances, and other reasonable purposes related to this transaction. Based <br />upon the results of the environmental inspections and assessments, or -upon other <br />conditions revealed to be unsuitable to the Optionee or its assigns, the Optionee may <br />elect to refuse to accept the Option Property. <br />18. REMEDIES. In addition to any other remedy specifically set forth in this Option, <br />the Optionee has the right to enforce the provisions of this Option through an action <br />for specific performance, injunctive relief, damages, contribution or any other <br />
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