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15-Authorizing the purchase a 0.9585 acre tract of land
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15-Authorizing the purchase a 0.9585 acre tract of land
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8/22/2012 2:29:00 PM
Creation date
11/5/2010 5:54:09 PM
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CITY CLERK
Doc Name
15
Doc Type
Agenda
CITY CLERK - Date
11/8/2010
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A. The sale price ("Sale Price") for the Property shall be Eight Thousand Three Hundred <br />Sixty Three and 52/100 Dollars ($8,363.52). <br />B. Upon execution of this Agreement by Buyer, euyer shall pay to Seller the sum of One <br />Hundred Dollars ($100.00) as independent consideration for entering into this <br />Agreement. <br />C. The Sale Price is computed as follows: <br />0.96 acre x$0.20 per square foot =$8,363.52 <br />D. The Sale Price wi(I be adjusted on the basis set forth in Article 2-C if the area of the <br />Property, as determined by Seller's Senior Manager Engineering Services or his <br />authorized representative, or as determined by the survey, differs from the area set <br />forth in Article 1-A. <br />Article 3. Feasibilitv Review/Right of Entrv: <br />A. For Sixty (60) days from the date of execution of this Agreement by Buyer ("Feasibility <br />Review Period"), Buyer and its agents and contractors may enter upon the Property to <br />perform environmental audits, soil tests, engineering and feasibility studies of the <br />Property. If the results of such audits, tests or studies, or Buyer's review of title or any <br />other matters relating to the Property are unsatisfactory, Buyer may terminate this <br />Agreement by giving Seller written notice before the end of the Feasibility Review <br />Period. If no such written notice of termination is given before the end of the Feasibility <br />Review Period, the Property will be deemed suitable for Buyer's purposes. In the event <br />of such termination by Buyer, then Buyer shall surrender to Seller copies of all audits, <br />soils, engineering and any other reports prepared for Buyer pertaining to the Property <br />and such reports will become the sole property of Seller without cost or expense of <br />Seller and this Agreement will terminate without any further force and effect, and <br />without further obligation of either party to the other. <br />B. Buyer's right to enter upon the Property pursuant to Article 3-A is subject to the <br />following: <br />1. Buyer will indemnify, defend and save harmless Seller and/or Seller's affiliates <br />(Seller's affiliates means any corporation which directly or indirectly controls or <br />is controlled by or is under common control with Seller), their officers, agents <br />and employees, against and from any and all liability, loss, costs and expense of <br />whatsoever nature growing out of personal injury to or death of persons <br />whomsoever, or loss or destruction of or damage to property whatsoever, <br />where such personal injury, death, loss, destruction or damage arises in <br />connection with the entry upon the Property by Buyer, its agents or contractors <br />prior to Closing. <br />2. Buyer and Buyer's agents and contractors (collectively "Contractors") will <br />maintain in confidence all information, reports, and evaluations generated in <br />connection with any environmental assessments antl will not make disclosure <br />i .1. 9 <br />
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