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AG 2017 12 18
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AG 2017 12 18
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Last modified
3/20/2019 6:11:04 PM
Creation date
3/20/2019 5:20:10 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/18/2017
Board
Board of Commissioners
Meeting Type
Regular
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Tight to retain the consideration shall be the sole remedy of Seller in the event of a breach <br />of this Option by the Grantee. <br />b. Default and Specific Performance. If Seller defaults under this Agreement and fails to cure <br />the same within thirty (30) days of written notice thereof, BUYER may elect, at Buyer's <br />sole option: (i) to terminate this Option and be released from its obligations hereunder, in <br />which event the consideration paid shall be returned to Buyer; or (ii) to proceed against <br />Seller for specific performance of this Option. In either event, Buyer shall have the right <br />to seek and recover from Seller all damages suffered by Buyer as a result of Seller's default <br />in the performance of its obligations hereunder. <br />C. Other remedies. In addition to any other remedy specifically set forth in this Option, Buyer <br />has the right to enforce the provisions of this Option through an action for injunctive relief <br />or damages or through other proceedings in law or equity. The election of any one remedy <br />available to Buyer under this Option shall not constitute a waiver of other available <br />remedies. <br />16. BINDING EFFECT. This Option becomes effective when signed by parties hereto and shall <br />then apply to and bind Seller and Buyer and their respective, heirs, executors, administrators, <br />successors, and assigns. <br />17. COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement <br />between the parties and cannot be changed except by written amendment. No representation or <br />promise not included in this Option or any written amendment shall be binding upon the parties. <br />18. NOTICE OF OPTION. Should this Option Agreement not be recorded, the parties agree to <br />execute a Memorandum of Option for recording purposes if requested by either of the parties <br />hereto, to be prepared and recorded at the expense of the requesting party. <br />19. MISCELLANEOUS. <br />a. No waiver. No provision of the Option shall be deemed amended or waived unless such <br />amendment or waiver is set forth in a writing signed by both parties. No act or failure to <br />act by a party shall be deemed a waiver of its rights hereunder, and no waiver in any one <br />circumstance or of any one provision shall be deemed a waiver in other circumstances or <br />of other provisions. <br />b. Holidays. If any date set forth in this Option or computed pursuant to this Option falls on <br />a Saturday, Sunday, or national holiday, such date shall be deemed automatically amended <br />to be the first business day following such weekend day or holiday. <br />C. Attorneys' fees. In the event of any breach or default hereof by a party, the non -defaulting <br />party shall be entitled to bring an action to recover its costs and expenses of litigation and <br />settlement, including, without limitation, attorneys' fees and expenses, court costs, <br />settlement costs, and experts' costs and fees. <br />d. Survivability. The provisions of this Option shall survive the closing of the Conservation <br />Easement donation to Buyer. <br />C. Successors. This option and the contract resulting from the exercise thereof shall bind and <br />inure to the benefit of the heirs, administrators, executors, successors and assigns of the <br />respective parties. <br />Attachment number 2 \n <br />F-10 Page 256 <br />
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