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the last available tax duplicate. Seller shall pay <br /> <br />from escrow all utility Charges to the date of <br /> <br />transfer of title, or the date Seller vacates the <br /> <br />Property, whichever date is later. <br /> <br />9. This Purchase Agreement is contingent <br /> <br />upon the following terms and conditions: <br /> <br />Approval by City Council by the <br />adoption of an ordinance or <br />resolution authorizing the Mayor to <br />sign this Agreement on behalf of the <br />City of Lakewood. If such approval <br />is not granted by the adoption of <br />such legislation, or such legislation <br />is set aside by referendum or court <br />action, this agreement shall be void <br />ab initio and both parties be <br />returned to their original position. <br />Buyer shall have 90 days to obtain <br />such approval after which Seller may <br />elect to terminate. <br /> <br />be <br /> <br />Buyer shall, at Buyer's cost, order a <br />so-called "Phase I Environmental <br />Survey prior to closing and Buyer <br />shall have the right to terminate <br />this agreement if it is not <br />reasonably satisfied with the result; <br />copies of any such survey report <br />shall be delivered to Seller promptly <br />upon receipt; and <br /> <br />Ce <br /> <br />Seller is to provide an executed <br />termination agreement, terminating <br />Seller's lease with respect to the <br />Burrows Store, that is satisfactory <br />in form and substance to Buyer. <br />Seller represents that no tenant in <br />the building has any tenancy rights <br />other than the Burrows Store. <br /> <br />11. ENTIRE AGREEMENT. This Agreement <br /> <br />constitutes the entire agreement between the parties. <br /> <br />The representations, warranties and agreements in this <br /> <br />Agreement shall survive the transfer of title. There <br /> <br /> <br />