Agenda - Council - 08/23/2022 - Laserfiche WebLink

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Closing. In the event Seller has not cured the title objections or otherwise provided marketable title by the date of Closing, Seller shall have an additional thirty (30) days to correct the title objections or otherwise make title marketable. Buyer may waive title objections or other defects by written notice to Seller. In addition to the thirty (30) day extension, Buyer and Seller may by mutual agreement further extend the Closing date. Lacking such extension, either party may declare this Purchase Agreement terminated and neither party shall be liable for damages to the other. Buyer and Seller shall immediately sign a cancellation of purchase agreement directing all earnest money paid hereunder to be refunded to Buyer. 5. CLOSING. If the parties agree, the closing of the purchase and sale contemplated by this Agreement (the "Closing") may take place remotely via electronic delivery of the executed documents and other deliverables on the Closing Date or on such other date and time as the parties shall mutually agree. If an in -person Closing is preferred by either party, the Closing shall take place at a time mutually convenient to the Seller and Purchaser as the parties may mutually arrange. The Purchaser shall pay all closing costs. 6. POSSESSION: Seller shall deliver possession of the property on the date of Closing. 7. SELLER CERTIFIES THAT SELLER _ DOES X DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON OR SERVING THE PROPERTY. (check one) (If answer is DOES, See Private Sewer System Disclosure.) 8. SELLER CERTIFIES THAT SELLER _ DOES X DOES NOT KNOW OF ANY WELLS ON OR SERVING THE PROPERTY. (check one) (If answer is DOES, see Well Disclosure Statement.) 9. MISCELLANEOUS PROVISIONS. A. Survival. All of the warranties, representations and covenants of this Agreement shall survive and be enforceable after the closing. B. Entire Agreement; Modification. This Purchase Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the property. There are no verbal agreements that change this Purchase Agreement and no waiver of any of its terms will be effective unless in writing executed by that parties. C. Successors and Assigns. If this Purchase Agreement is assigned, all provisions of this Purchase Agreement shall be binding on successors and assigns. D. Tree Plantings. Upon closing, Seller shall plant no less than 9 trees on the easement of one inch or more in diameter of a species agreed to by Buyer and shall guarantee the survival of those trees for a period of one year, unless otherwise waived by Buyer. E. Fencing. Seller shall construct a fence of a type or design for containing cattle or similar animals from encroaching on the western boundary of the right of way. The fence may be constructed on the property line with no setback. F. Property Access. A thirty-three foot easement for access purposes for the benefit of seller shall be recorded against the northern boundary of the property. G. Storage. There will be no storage of equipment or materials within thirty feet of the right-of-way created herein.