2022-062 Ordinance - Laserfiche WebLink

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At the Closing, the SeIler shall famish the Purchaser and the Title Company with a seller's affidavit as to mechanic's and materialmen's liens, persons in possession of the Property, and similar title matters required by the Title Company. The Purchaser shall update the tide commitment for the Property to the date of Closing. If such update shows any exceptions not previously shown on the title commitment for the Property, then the Purchaser shal I have the right to object to any such additional exception. If the Purchaser does so object to such additional exception, then the Seller shall either (a) cure or remove the additional exception prior to Closing or (b) notify the Purchaser that the Seller is unable or unwilling to cure or remove the exception. If the Seller notifies the Purchaser that the Seller is unwilling or unable to remove such additional exceptions, or if the Seller otherwise fails to cure such additional exceptions prior to the Closing, then the Purchaser may either terminate this Agreement or waive the title objection and proceed with the Closing on the purchase of the Property. 7. Property Condition. Within ten (10) days following the date of this Agreement, Seller shall deliver to Purchaser such of the following as are in the possession of Seller related to the Property: environmental and EPA reports, wetlands reports, existing building drawings, site improvement drawings and utility tie in locations. The Seller makes no representation, covenant or warranty whatsoever, express or implied, regarding: (i) the Property, including, without limitation, the Property's compliance with the requirements of any law, rule, specification or contract pertaining thereto; (ii) any reports, drawings, documents or other information provided by the Seller related to the Property; (iii) the applicable zoning requirements; (iv) the propriety ofany proposed uses or the continuation of uses thereof, former or present; (v) the title thereto and the condition thereof; (vi) the legal description of the Property and the boundary lines; or (vii) the physical or sub -surface condition thereof. The Purchaser acknowledges that the Purchaser is purchasing the Property "AS IS" "WHERE IS" AND "WITH ALL FAULTS" and that the Seller shall not be responsible for the condition of the Property, either surface or sub -surface, nor shall the Seller be responsible for any injury or damage arising from the physical or sub -surface condition of the Property. 8. Personal. Property. At any time prior to the Closing, the Seller reserves the right to remove from the Property, and thereby not include in the conveyance thereof, any and all movable equipment, furniture, draperies, carpeting (including padding), playground equipment, and other personalty and fixtures, whether affixed to the Property or the structures located on the Property or otherwise. If the Board fails to remove any such item prior to the Closing date, those items remaining on the Property shall be included as part of the Property sold and conveyed to the purchaser. The Board waives any right to thereafter remove those items from the Property, and the purchaser agrees to accept them. 9. "Taxes. Assessments and Ctilities. Seller shall promptly pay when due all real property taxes on the Property for all years prior to the year of Closing. Real property taxes shall be prorated at Closing based on the net general taxes for the current year, if known, otherwise on the basis of the net general taxes for the preceding year at the rate of one hundred percent (100%) thereof, which proration shall be final. Seller shall pay at Closing the prorated amount of all special assessments affecting the Property then due and payable as of Closing. The Seller will pay utility charges relating to the Property up to, but not including, the date of the Closing.