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19-40 Scrap Metal Licenses Approval: 1st Choice Towing
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19-40 Scrap Metal Licenses Approval: 1st Choice Towing
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Last modified
6/3/2019 11:00:58 AM
Creation date
6/3/2019 11:00:55 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
6/10/2019
Bill Number
19-40
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5: INSPECTION. No inspections shall be performed: Buyer is purchasing the Real Estate <br /> "AS IS/W HERE'S ". Seller makes no representation or warranties as to the condition of the Real <br /> Estate, its environmental condition, nor its fitness for Buyer's particular purpose. <br /> 6: CONDITIONS PRECEDENT. In addition to all other requirements of this Agreement, <br /> Buyer's obligation to purchase the Real Estate and to close on this transaction is conditioned upon <br /> the following: <br /> A. Seller is able to obtain a scrap license for the real estate. <br /> B. Buyer is provided 60 clays after Closing to remove all remaining scrap and <br /> other personal property from the real estate. <br /> 7: MISCELLANEOUS PROVISIONS. It is understood and agreed that any of Seller's <br /> property remaining on or in the Real Estate after the expiration of the 60 days set forth in Paragraph <br /> 6. B. above may be retained and used by or disposed of by the Buyer without liability to Seller. <br /> 8: REAL ESTATE BROKERS. Seller and Buyer represent to one another that no real <br /> estate brokers are involved in this transaction and each party indemnifies the other against the <br /> claims of any brokers and sales people who allege that they represented a party or are entitled to a <br /> commission or lee as a result of the transaction. <br /> 9: RISK OF LOSS. Seller guarantees that the condition of the property, both real and <br /> personal, will be in substantially that same condition as the date of acceptance of this Agreement. <br /> Furthermore, Seller agrees that, at Closing, the Real Estate and the improvements thereon <br /> shall be in the same condition as they now are, ordinary wear and tear excepted. The risk of loss <br /> or damage to the improvements, or to a substantial portion thereof, by lire or otherwise, is assumed <br /> by Seller until Closing. If all or a substantial portion of the improvements are destroyed or damaged <br /> prior to Closing, this Agreement may be rescinded by Buyer and any earnest money deposit, or <br /> other payments made, shall be returned to Buyer, or Buyer may close as herein provided, as Buyer <br /> shall elect. <br /> 10: CONDEMNATION. If condemnation proceedings are commenced against any portion <br /> of the Real Estate prior to the Closing Date, at Buyer's option Buyer may terminate this Agreement <br /> by written notice to Seller within Three (3) days after Buyer is advised of the commencement of <br /> such condemnation proceedings, or Buyer shall have the right to appear and defend in such <br /> condemnation proceedings, and any award in condemnation shall, at the Buyer's election, become <br /> the property of Seller and reduce the Purchase Price by the same amount or shall become the <br /> property of Buyer and the Purchase Price shall not be reduced. <br /> 11 : GENERAL AGREEMENTS. The earnest money deposit shall be returned in full to <br /> Buyer promptly in the event Seller does not promptly accept this Agreement. <br />
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