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Reso 2008-1264
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Reso 2008-1264
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Last modified
11/6/2015 1:43:01 PM
Creation date
5/30/2008 4:07:59 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1264
Date (mm/dd/yyyy)
05/15/2008
Description
Avila Property Purchase Agreement ($1,900,000.00)
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<br />EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, <br />BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, <br />MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR USE OR <br />PURPOSE, OR WITH RESPECT TO THE VALUE, PROFITABILITY, <br />MARKETABILITY OR ACREAGE OF THE PROPERTY. In entering into this <br />Agreement, Buyer has not been induced by and has not relied upon <br />any such representations, warranties or statements, whether <br />express or implied, written or oral, made by Seller or any <br />agent, employee or other representative of Seller or by any <br />broker or any other person representing or purporting to <br />represent Seller. The provisions of this section 10.2 shall <br />survive Closing and any earlier termination of this Agreement. <br /> <br />11. <br />days from <br />the office <br />and time. <br /> <br />Closing. The Closing shall <br />the option acceptance date, <br />of the Buyer's attorney at a <br /> <br />occur no later than 60 <br />and shall take place at <br />mutually convenient date <br /> <br />12. Seller's Closing Documents. At closing, Seller shall <br />deliver the following documents (" Seller's Clos ing Documents") <br />to Buyer: <br /> <br />12.1 QuitClaim Deed. The Quit <br />duly executed and acknowledged by Seller <br />Buyer good and marketable fee simple title <br />and clear of all liens, encumbrances and <br />ti tIe other than the Permitted Exceptions <br />duly objected to by Buyer. <br /> <br />Claim Deed shall be <br />so as to convey to <br />to the Property free <br />other conditions of <br />and exceptions not <br /> <br />12.2 Mechanic's Lien Affidavit. A mechanic's lien <br />affidavit in the customary form, attesting that to the knowledge <br />of Seller, (a) no individual, entity or Governmental Authority <br />has any claim against the Property under the applicable <br />mechanic's lien law, (b) no individual, entity or Governmental <br />Authority is either in possession of the Property or has a <br />promissory interest or claim in the Property (except Seller and <br />Buyer), and (c) no improvements to the Property have been made <br />for which payment has not been made. <br /> <br />12.3 Gap Affidavit. An affidavit In form and <br />content reasonably satisfactory to the Ti tle Company to <br />facili tate the insuring of the "gap", i. e., the deleting as an <br />exception to the Title Commitment any matters appearing between <br />the effective date of the Title Commi tment and the effective <br />date of the Title Policy. <br />
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