Agenda - Council - 04/24/2001 - Laserfiche WebLink

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-250- A Warranty Deed, in form reasonable and satisfactory to TILLER, conveying the City Property to TILLER, flee and clear of all encumbrances hereafter defined, and including a covenant of further assurances; An Affidavit of Seller by CITY indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving CITY or the City Property; that there has been no skill, labor or material furnished to the City Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the City Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title Company to issue an Owner's Policy of Title Insurance with the standard exceptions waived; An executed certification as to the location of any wells on the City Property in accordance with the laws of the State of M/nnesota; and All other documents reasonably determined by TILLER to be necessary to transfer the City Property to TILLER free and clear of any encumbrances. A copy of the CITY resolution approving the terms of this Agreement. 35. TILLER'S CLOSING DOCUMENTS. On the Closing Date, TILLER will execute, and/or deliver to CITY the following (collectively, "TILLER'S Closing Documents"): A Warranty Deed, in form reasonable and satisfactory to CITY, conveying the Tiller Property to CITY, free and clear of all encumbrances hereafter defined, and including a covenant of further assurances; An Affidavit of Seller by TILLER indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving TILLER or the Tiller Property; that there has been no skill, labor or material furnished to the Tiller Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Tiller Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title Company to issue an Owner's Policy of Title Insurance with the standard exceptions waived; An executed certification as to the location of any wells on the Tiller Property in accordance with the laws of the State of Minnesota; All other documents reasonably determined by CITY to be necessary to transfer the Tiller Property to CITY free and clear of an encumbrances; and TILLER's Corporate Resolution authorizing the conveyance of the Tiller Property 36. CONTROLLING LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. 37. MODIFICATION. This Agreement cannot be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in wr/ting and signed by or on behalf of the parties hereto. Waivers of any term or condition of this Agreement must be in writing signed by the party against whom such waiver is sought to be enforced. This Agreement contains the entire understanding between CITY and TILLER with respect to the transaction 9 I I I I I I I I I I I I I I I I I I I