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2009-048-ORD REZONE 1200 BLOCK OF 47TH ST SE
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2009-048-ORD REZONE 1200 BLOCK OF 47TH ST SE
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Last modified
8/28/2012 11:15:38 AM
Creation date
11/23/2009 8:36:34 AM
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CITY CLERK
Doc Name
2009-048
Doc Type
Ordinance
CITY CLERK - Date
11/9/2009
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CDn+merr/N Contract - Unlmpro od Properly Concemmp 4 rTH 9E 9TRLET. faPic Tr1►c <br />O (1) Seller is not aware of any matenal detects to the Property oxcapt as Stalod In tho attached Property <br />Condltron Statement. <br />M (2) Seller Is not aware of any of the following, except as described olherwiso in thb conIMCL <br />(a) any bubsurfuce: slrucluros. pits, waste, springs, or Improvemente, <br />(b) any pending or- hrsntened litigation, condemnation, or assessment otfcctJng the Property: <br />(c) any envlronmentol hazards or conditions that affect the Property; <br />(d) whether the Property Is or has over boon used for the s ionsge or disposal of hazandouc <br />materials or toxic waste, a dump site or landfill, or any underground tank-- or containers, <br />(e) whether radon, asbeatos Insulation or fireproofing. urea- formaldehyde foam insulation, lead - <br />based palm, toxic mold (to the extent that it adversely affects the health of ordinary occupants). <br />or other pollutants or contamtnantz of any nature now oxl.t or over existed on the Property; <br />in whether wetlands, as defined by federal or state law or regulation, are on the Property; and <br />(g) whether fhrealenod or endangered species or their habitat are on Ins Property. <br />(Dnacnbe anyoxcopbons to (a) -(q) In Paragraph 11 or an addendum.) <br />Each written lease Seller Is to furnish to Buyer under this contracl must be In full force and effect <br />according to da terms without amendment or modifloallon that is not disclosed to Buyer In writing. <br />Seller must disclose, In writing, to Buyer If any of the following exist at the time Seller provides the <br />leases to Buyer or subsequently occur before dosing: <br />(1) any modifications, amendments, or default by landlord or tenant under the leases, <br />(2) any failure by Seller to cempfy with Sollor's obligations under the Ie3ees; <br />(3) any circumstances under the lease that entitle the tenant to tcrminato the lease or seek any offsets <br />or damages; <br />(d) any non-occupancy of the leased premises by a tenant; <br />(5) any advance sums paid by a tenant under the lease; <br />(6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other madam that affect <br />any lease; and <br />_(7.Lany amounta payable under.the leases that havo been assigned or encumbered, except ad Vacurlty <br />for loan(s) assumed or taken subject to under this contma. <br />19. NOTICES: All noticos between the partles under this conbv t must be In writing and are effective when <br />nand- delivened, mailed by certifiod mall return receipt roquostod, or sent by facsimile transmission to the <br />parties addresses or facsimile numbers stated In Paragraph 1. The parties will trend copies of any no600a <br />to the broker ropres:onting the party to whom the notices are sent. <br />20. FEDERAL TAX REQUIREMENT: if Seller in a 'foreign person' as defined by applicable law, or A Seller <br />falls to doltver at closing an affidavit that Seller is not a foreign person, then Buyor will withhold from the <br />sales proceeds at dosing any amount sufficient to comply with applicoblo tax law and dellver the amount <br />withhold to the Internal Revenue Santee (IRS), togolher with appropriate tax forms. IRS regulations <br />require filing written reports If currency In excess of spocifled amounts Is received in the transaction. <br />21. DISPUTE RESOLUTION- The parties agree to nogotlale In good faith in qn effort to resolve any dispute <br />rol ®led to this contract that may, arise. if the dispute cannot be resolved by negotlation, the parties will <br />submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of <br />e mutually acceptable mediator. This paragraph survlvoc termination of this contract. This paragraph does <br />not preclude a party from seeking equitable relief from a court of competent )urisdlct)on <br />22. AGREEMENT OF THE PARTIES: <br />A. This contnoct is binding on the parties, their heirs, executors, representatives, successors, and <br />permitted assigns. <br />(rnR•1130212 .6d2 InitWwJ for Idanlincallon by Buyer _ Seller Papa 10 of 13 <br />�.��•-'-'— .._.. —�, �w +�..- ..w +�.r� r►e .. r�.+. o+. Lei rw ra rWrr Im +u riy— ....,.r ..�✓or�auwccr im <br />
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