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No. 1101 approving an agreement among the SBRA, SBRC and the St. Joseph County Airport Authority for the operation and management of Blackthorn Golf Course and authorizing the execution thereof
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No. 1101 approving an agreement among the SBRA, SBRC and the St. Joseph County Airport Authority for the operation and management of Blackthorn Golf Course and authorizing the execution thereof
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10/18/2012 2:55:23 PM
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5. AIRPORT'S WARRANTIES AND REPRESENTATIONS <br />Airport hereby warrants and represents as follows: <br />(a) Compliance With Laws. Airport has not received any <br />notice of, nor does it have any actual knowledge of, any violation of <br />any law, ordinance, code or regulation with regard to zoning <br />affecting the Airport Land. Airport has not received any notice, <br />does not have any actual knowledge of or information as to any <br />existing or threatened condemnation or other legal action of any kind <br />affecting the Airport Land. <br />(b) No Assessments. Airport has not received any notice <br />of, nor does it have any actual knowledge of, any actual or <br />contemplated special assessments against the Airport Land, or <br />reassessments for general real estate tax purposes affecting the <br />Airport Land. <br />(c) State of Title. Airport owns fee simple marketable <br />title to the Airport Land subject only to the exceptions permitted <br />hereunder. <br />(d) Mechanics /No Materialmen's Liens. Airport has ordered <br />no material, labor or services which could result in the filing of <br />any mechanics' or materialmen's lien against the Airport Land. <br />(e) Closing Documents. Airport agrees to prepare the <br />documents and instruments identified in Subsection 6(e) promptly upon <br />notification by Redevelopment that all conditions precedent set forth <br />in Section 8 have been performed or waived. Airport shall also <br />furnish to Redevelopment such proof of authority as reasonably <br />requested by Redevelopment or the Title Company authorizing Airport <br />to enter into and consummate this transaction. <br />6. CONDITIONS TO CLOSING <br />Airport and Redevelopment agree that the conveyance of the <br />Airport Land is subject to the satisfaction of the following <br />contingencies and conditions, except those set forth in 6.(f), <br />wherein the separate dates for performance of the conditions therein <br />described are established, prior to , 1992, and if not so <br />satisfied this Agreement shall, at the option of either Redevelopment <br />or Airport, be cancelled and rescinded. Notwithstanding the <br />foregoing, Redevelopment may, at its option, waive any of the <br />conditions or contingencies set forth in this Section 6 and proceed <br />to receive the Airport Land from Airport. <br />(a) Representations and Warranties. All warranties and <br />representations given by Airport herein, shall be true and correct <br />and not have been breached on and as of the date of Closing as if <br />made on that date. <br />(b) Removal of Airport's Property. Airport shall have <br />removed, at no expense to Redevelopment, all equipment, personal <br />am <br />
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