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9080-19 18100 Detroit Purchase
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9080-19 18100 Detroit Purchase
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Last modified
10/16/2019 3:46:24 PM
Creation date
10/11/2019 11:57:25 AM
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Office Of Council
Document Type
Resolutions
Number
9080-19
Date Adopted
10/7/2019
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EXPRESSLY STATED IN THIS CONTRACT. <br />15. EXHIBITS: <br />Exhibit A: Legal Description and Site Plan. <br />Exhibit B: Easement for Access and Maintenance Agreement. <br />16. Cross - Access Easement: The parties shall execute an Easement for Access, <br />Parking and Maintenance Agreement substantially as set forth in Exhibit B attached. Purchaser <br />shall be responsible for the removal of the existing parking island on Seller's parcel 311 -17 -012 <br />and replace it with the reconfigured parking island shown on the Exhibit B site plan and <br />Purchaser shall resurface with 2" mill with 2" asphalt overlay and new striping in designated <br />areas on both the purchased parcel and the two parcels retained by Seller which resurfacing <br />shall occur only after construction by Purchaser is substantially completed and Purchaser's use <br />of the Temporary Construction Easement is substantially finished. <br />17. TITLE EXAMINATION AND OBJECTIONS. <br />17.1. Title Examination. Within thirty (30) days after the Execution Date, Seller shall <br />obtain an owner's title insurance commitment with respect to the Property and provide it to <br />Purchaser. Purchase, within 10 days of receipt of the title commitment shall give written notice <br />to Seller of any Title Objections disclosed by such title insurance commitment which are <br />unacceptable to Purchaser. If Purchaser fails to give any such notice with respect to any Title <br />Objections which are disclosed in such title insurance commitment prior to the aforesaid date, <br />then Purchaser shall be deemed to have waived such Title Objections. <br />17.2. Resolution of Title Objections. Within ten (10) days after receipt from Purchaser <br />of a written notice of any Title Objection, Seller shall notify Purchaser in writing as to whether <br />or not Seller will cure such objection, and if Seller elects to cure any such Title Objection Seller <br />shall satisfy or correct, at Seller's expense, such title objection on or before the date of Closing. <br />Except for already recorded use restrictions, Seller shall be obligated to cure any Purchaser's <br />objection(s) if the cost of the cure is equal to or below Five thousand ($5,000.00) dollars. Failure <br />of Seller to give such notice within such ten (10) day period shall be deemed to be an election <br />not to cure such objection. In the event Seller does not elect to satisfy or cure any such <br />objection of which it is notified, then within five (5) days after receipt of written notice of <br />Seller's election, or within five (5) days after the expiration of Seller's ten (10) day notification <br />period if Seller fails to give any such notice, Purchaser shall by written notice to Seller elect one <br />of the following: <br />17.2.1. To waive such Title Objection and to close the subject transaction in accordance <br />with the terms of this Agreement; provided, however, that with respect to any monetary lien or <br />encumbrance of the type described in Paragraph 17.3 below, Purchaser shall be entitled to cure <br />
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