2013 007 Ordinance - Laserfiche WebLink

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(c) Buyer shall have the right, if the foregoing inspection or documents, reveals a condition or state of .facts which in Buyer's reasonable opinion would materially interfere with Buyer's intended use of the Property, to terminate this Agreement by written notice to SeIler and Escrow Agent at any time during the Inspection Period. Upon receipt of such notice, all Parties shall be released from their obligations hereunder and Buyer shall deliver to Seller the originals and all copies of the items delivered to Buyer by Seller during the Inspection Period including, without limitation, those items described in subsection 4(b) and all reports prepared pursuant to subsection 4(a). 5. SelIer's Obligations.{a} Seller shall provide, at Seller's sole cost and expense, to the satisfaction of Buyer; Confirmation that utilities are available to the Property and are found ii the standard right of way. (b} Seller shall cooperate with Buyer in obtaiung the necessary approvals and permits in order to construct the Facility. ~ - 6. Buyer's Obligations.(a} Buyer shall commence construction of the Facility after Closing and after all Preconditions to Constructian (as defined in Section 9) have been satisfied. (b) Buyer shall pay, or cause to be paid through their fiends, the costs related to the development, constnzction and operation of the Facility. 7. Closing. The transfer of the Property shall close five (5) days after the Preconditions to Closing (as defined below)- have been satisfied as determined by Buyer and Seller {tl~e "Closing Date" or "Closing"). Buyer shall notify Escrow Agent that the Preconditions have been satisfied. The Parties may agree in writing to change the Closing Date. Seller shall execute and deliver the following items to the Escrow Agent no later than one (1) day prior to the Closing Date: (i) a limited warranty deed (the "Deed"); {ii) a recordable satisfaction and release of any liens on the Property which are not Permitted Exceptions; (iii) such affidavits and indeimnities as are reasonably requested by the Title Company in order to delete the standard printed exceptions and otherwise enable the Title Policy to be issued; and (iv) an ordinance authorizing Seller to enter into this Agreement and to consummate the transactions contemplated hereunder. This Agreement shall serve as joint escrow instructions to Escrow Agent. Escrow Agent may attach its standard terms which shall govern insofar as they do not conflict herewith. The Escrow Agent shall close the transaction by: i. Filing the deed(s) for record; ii. Charging the Parties for prorations and costs as provided herein; and iii. Disbursing the funds and delivering the documents (or recorder's receipt) deposited with it as provided herein. Escrow Agent shall charge the following costs and expenses to Buyer on the Closing Date (the "Closing Costs"): (i) the premium to issue the Title Policy; (ri) the cost of the Survey, if any; (iii) the fees for filing the Deed for the Property; (iv) the cost of any real estate transfer 4