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9069-19 Cove Church Purchase
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9069-19 Cove Church Purchase
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Last modified
5/22/2019 4:14:36 PM
Creation date
5/22/2019 9:51:50 AM
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Office Of Council
Document Type
Resolutions
Number
9069-19
Date Adopted
5/20/2019
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(b) Delivery of Possession. Delivery of possession of said property to Buyer or Buyer's nominee, <br />immediately on closing, free and clear of all uses and occupancies except as Buyer may waive <br />in writing. <br />(c) Inspection of Property. Buyer satisfactorily completing a diligent inspection of the property <br />and satisfying itself as to the feasibility of the Property for its intended use within thirty (30) <br />days of the effective date of this Agreement. Buyer's inspection may include, without <br />limitation, tests of the subsurface soil conditions of the property, boundary surveys, <br />engineering reports, feasibility studies, and environmental inspections. Buyer and Buyer's <br />agents shall have access to the property for such inspections. Notwithstanding the foregoing, <br />Buyer intends to waive any due diligence period and contingencies upon execution of this <br />Agreement and proceed to closing forthwith if Buyer's due diligence has been completed prior <br />thereto. <br />2.03. Failure of Conditions. Should any of the conditions specified in Paragraph 2.02 of this <br />Agreement fail to occur within thirty (30) days after the effective date of this Agreement, Buyer <br />shall have the power, exercisable by giving written notice to the Escrow Agent and to Seller, to <br />cancel such escrow, terminate this Agreement, and recover any amounts paid by Buyer to Seller <br />or to the Escrow Agent on account of the purchase price of said property. The exercise of such <br />power by Buyer shall not, however, constitute a waiver by Buyer of any other rights it may have <br />against Seller for breach of this Agreement. The Escrow Agent shall be, and is hereby, irrevocably <br />instructed by Seller on such failure of conditions and receipt of such notice from Buyer to refund <br />immediately to Buyer all moneys and instruments deposited by Buyer in escrow pursuant to this <br />Agreement. <br />2.04. Prorations. There shall be prorated between Seller and Buyer on the basis of 30 -day months, <br />as of midnight on the day of closing: <br />(a) Real property taxes and assessments levied or assessed against said property as shown on the <br />latest available tax bills, if any. <br />2.05. [Intentionally deleted.] <br />2.06. Brokers' Commissions. Any and all commissions due to real estate or other brokers as a <br />result of this sale of said property shall be paid by Seller. Seller represents and warrants to Buyer <br />that Seller has engaged any brokers in connection with Seller's interest in the property, except <br />Alex Russo, Cushman & Wakefield /CRESCO Real Estate, 3 Summit Park, Suite 200, Cleveland, <br />Ohio 44131. Buyer represents and warrants to Seller that Buyer has not engaged any brokers in <br />connection with Buyer's interest in the property. <br />2.07. Expenses of Closing. The expenses of closing described in this Article shall be paid in the <br />following manner: <br />(a) The full cost of securing the title guarantee or Title Policy described in Paragraph 2.02(a) of <br />this Agreement shall be paid by Buyer. <br />
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