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Resolution Nos. 3632, 3634 & Transfer Agrmnt. (Airport Auth. Old Cleveland & Commerce) - Signed
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Resolution Nos. 3632, 3634 & Transfer Agrmnt. (Airport Auth. Old Cleveland & Commerce) - Signed
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Board of Public Works
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7 <br />environmental matters pertaining to the Commission Property. The Commission’s <br />Representative shall provide the Airport Authority a copy of all known environmental <br />inspection reports, engineering, title, and survey reports and documents in Commission’s <br />possession relating to the Commission Property. In the event the Closing does not occur, <br />the Airport Authority will immediately return all such reports and documents to the <br />Commission’s Representative. <br />8.CLOSING <br />A.Timing of Closing. Unless this Agreement is earlier terminated, the transfer <br />of title contemplated by this Agreement (the “Closing”) shall be held at the office of the <br />Title Company on a mutually agreeable date not later than thirty (30) days after the end of <br />the Due Diligence Period. <br />B.Closing Procedure. <br />(1)At Closing, subject to the performance by the Commission of its <br />obligations under this Agreement, the Airport Authority shall deliver the special warranty <br />deed, substantially in the form attached hereto as Exhibit C, conveying the Airport <br />Authority Property to the Commission, subject only to Permitted Encumbrances, and the <br />Title Company’s delivery of the title commitment to the Commission in accordance with <br />Section 5 above. <br />(2)At Closing, subject to the performance by the Airport Authority of <br />its obligations under this Agreement, the Commission shall deliver the special warranty <br />deed, substantially in the form attached hereto as Exhibit D, conveying the Commission <br />Property to the Airport Authority, subject only to Permitted Encumbrances, and the Title <br />Company’s delivery of the title commitment to the Airport Authority in accordance with <br />Section 5 above. <br />(3)The possession of each property shall be delivered to the receiving <br />Party at Closing in substantially the same condition as it exists on the Effective Date, <br />ordinary wear and tear and casualty excepted. <br />C.Closing Costs. <br />(1)The Commission shall pay the Title Company’s closing fee and all <br />recordation costs associated with the transaction contemplated in this Agreement <br />for the Airport Authority Property. <br />(2)The Airport Authority shall pay the Title Company’s closing fee and <br />all recordation costs associated with the transaction contemplated in this Agreement <br />for the Commission Property.
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