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AG 2010 09 20
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AG 2010 09 20
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Last modified
11/15/2011 8:25:30 AM
Creation date
11/27/2017 11:23:20 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/20/2010
Board
Board of Commissioners
Meeting Type
Regular
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to Seller, to terminate this Agreement, and upon such termination the Option Fee shall be returned to <br />COUNTY. <br />17. Compliance with Subdivision Requirements If the conveyance of the Property by <br />Seller to COUNTY results in a "subdivision" of property, as defined in any applicable subdivision <br />ordinance, then, COUNTY shall be responsible for satisfying any requirements of the subdivision <br />ordinance, including any costs associated with said requirements, or, at COUNTY's option, COUNTY <br />may terminate this Agreement and receive the return of the Option Fee.. <br />Closing. <br />18. Possession Seller agrees to deliver exclusive possession of the Property to COUNTY at <br />19. Representations and Warranties Seller hereby represents and warrants to COUNTY <br />as follows: <br />(a) Seller owns fee simple title to the Property. <br />(b) The execution and performance of this Agreement by Seller, and the Closing <br />contemplated hereunder, will not conflict with any provision of law applicable to Seller, nor will <br />it result in the breach of any provision of, or constitute a default under, any agreement or <br />instrument to which Seller is a party or by which Seller is bound. <br />(c) Seller has not, nor to the actual knowledge of Seller has any prior owner of the <br />Property, (1) made any commitments to any governmental agency or other third party relating to <br />the Property that would impose any obligation on COUNTY to make contributions of money or <br />land, or to install or maintain any improvements, or (2) executed or caused to be executed any <br />document with or for the benefit of any governmental authority restricting the use, development <br />or occupancy of the Property. <br />(d) There are no liabilities which encumber the Property and no agreements or <br />commitments relating to the Property that will survive Closing or be binding upon COUNTY, <br />other than the Permitted Encumbrances <br />(e) Seller has received no notice of any action, litigation, pending or threatened <br />condemnation or other proceeding of any kind pending against the Seller that relates to or affects <br />the Property. <br />(f) To the best of Seller's knowledge, as of the date of this Agreement: (1) the <br />Property does not contain any hazardous wastes, hazardous substances, hazardous materials, toxic <br />substances, hazardous air pollutants or toxic pollutants, as those terms are used in applicable <br />federal, state or local environmental laws; (2) the Property is not subject to federal, state or local <br />regulations because of the presence of stored, leaked, spilled or disposed petroleum products, <br />waste materials or debris, "PCB's ", underground storage tanks, asbestos, or any dangerous, <br />hazardous or toxic substance as defined in or regulated by applicable federal, state or local laws, <br />regulations or orders; and (3) no portion of the Property is filled land. Seller fiu•ther represents <br />and warrants to COUNTY that the Property shall be maintained through the Closing Date in the <br />condition represented and warranted above. <br />(g) The Property has legal access to a public right -of -way. <br />AO%%WnM number 1 <br />F -13 <br />
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