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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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in the Conservation Easements. <br />C. Hazardous Materials. The Property is not now nor, to the best of the knowledge and belief <br />of the Seller, has it ever been used for the manufacture, use, storage or disposal of any <br />hazardous or toxic substance, material or waste within the meaning of any applicable <br />envirommental statute, ordinance, or regulation. No hazardous or toxic substance, material <br />or waste, including without limitation asbestos or material containing or producing <br />polychlorinated biphenyls (PCBs), is presently stored or located on the Property at levels <br />greater than natural background concentrations. The Property is not subject to any <br />"superfund" or similar lien or any claim by any government regulatory agency or third <br />party related to the release or threatened release of any hazardous or toxic substance, <br />material, or waste. <br />d. No Condemnation. There are no condemnation proceedings pending with regard to any <br />portion of the Property and Seller does not know of or have reason to know of any proposed <br />condemnation proceedings with regard to any portion of the Property. <br />e. Non-foreign Status. To inform Buyer that withholding of tax is not required under Section <br />1445 of the Internal Revenue Code and under penalties of perjury, Seller hereby certifies <br />that Seller is not a non-resident alien or a foreign corporation, foreign partnership, foreign <br />trust or foreign estate as those terms are defined for purposes of federal income tax law. <br />Seller understands that this certification may be disclosed to the Internal Revenue Service <br />and that any false statement made could be punished by fines, imprisonment, or both. <br />f No brokers. Seller represents that they have not engaged the services of areal estate broker <br />in the sale or purchase, respectively, of any interest in this Property, and agree to indemnify <br />Buyer from all such claims or liabilities resulting therefrom. <br />14. NOTICE. Any notice, consent or other communication permitted or required by this Option <br />shall be in writing, and shall be given to the applicable party, at the address set forth below, in the <br />following manner. (a) personal delivery, (b) reputable overnight delivery service with proof of <br />delivery, or (c) United States Mail, postage prepaid, registered or certified mail, return receipt <br />requested. Each such notice shall be deemed to have been given upon receipt or refusal to accept <br />delivery. Unless and until changed by written notice to the other party hereto, the addresses for <br />notices given pursuant to this Option shall be the addresses listed for each party in Paragraph A of <br />the Recitals above. <br />15. LIQUIDATED DAMAGES; DEFAULT; SPECIFIC PERFORMANCE. <br />Liquidated Damages. In the event that (i) all of the conditions to this Option for the benefit <br />of the Buyer shall have been satisfied, or waived by the Buyer, (ii) Seller shall have fully <br />performed or tendered performance of their obligations under this Option, and (iii) Buyer <br />shall be unable or shall fail to perform its obligations under this Option, then the entire <br />amount of the consideration paid for this Option shall be retained by Seller as liquidated <br />damages under this Option, and Buyer shall have no further liability to Seller. Buyer and <br />Seller hereby acknowledge and agree that Seller's damages would be difficult or <br />impossible to determine, that the amount of the consideration for this Option is the parties' <br />best and most accurate estimate of the damages Seller would suffer in the event the <br />transaction provided for in this Option fails to close, and that it is reasonable under the <br />circumstances existing as of the date of this Option. Buyer and Seller agree that Seller's <br />right to retain the consideration shall be the sole remedy of Seller in the event of a breach <br />F-7 Page 171 <br />
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