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Item 16 - Purchase and Sale Agreement for 1601 and 1607 N Bristol Street
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Item 16 - Purchase and Sale Agreement for 1601 and 1607 N Bristol Street
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10/8/2024 5:44:47 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
16
Date
10/15/2024
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6.1.8 Endangeredpecies. To the best of Seller's <br />knowledge, (a) there are no endangered or threatened species of animals, plants <br />or insects on the Property, and (b) there are no environmental or biological <br />characteristics of the Property or adjacent property, which under existing law <br />will adversely affect Buyer's ability to own, develop and/or market the Property <br />or the cost thereof. <br />6.1.9 Ownership of Property. Seller is the sole and only <br />party that owns or holds any interest in the Property. <br />6.1.10 Property Documents. To the best of Seller's <br />knowledge, the Property Documents and all other documents and information <br />provided by Seller or its agents or consultants to Buyer are complete, true and <br />accurate and do not omit any material fact, and there are no other documents, <br />materials, studies, surveys or other information in the possession or control of <br />Seller that would have a material and adverse effect on Buyer's ability to own, <br />develop and/or market the Property. <br />6.1.11 Other Agreements. Except as set forth in the <br />Property Documents and this Agreement, Seller has not made any commitment <br />or representation to or entered into any agreement of any kind with any <br />government authority, or any adjoining or surrounding property owner, group or <br />other third party, which would in any way be binding on Buyer or all or any <br />portion of the Property or would interfere in any way with Buyer's ability to <br />own, develop, improve and/or market the Property, and will not make any such <br />representations or warranties or enter into any such agreements which would <br />affect the Property or any portion thereof prior to the Close of Escrow, without <br />Buyer's written consent. <br />6.1.12 Access. There is full and unobstructed direct <br />access to the Property from public streets, highways or roads that are adjacent to <br />the Property. <br />6.1.13 Bankruptcy. No "Bankruptcy Event" (as <br />defined below) has occurred with respect to Seller nor any member or manager <br />of Seller. There is not pending or threatened any case, proceeding or other action <br />seeking reorganization, arrangement, adjustment, liquidation, dissolution or re - <br />composition of Seller or any member or manager of Seller or seeking <br />appointment of a receiver, trustee, custodian or similar official for Seller or any <br />member or manager of Seller for all or any substantial part of its or their assets. <br />"Bankruptcy Event" means (a) the making by a person of a general assignment <br />for the benefit of such person's creditors, (b) the admission in writing by a person <br />of its inability to pay its or their debts as they mature, (c) an attachment, <br />execution or other judicial seizure of any property interest which remains in <br />effect, or (d) the failure to have taken or submission to any action indicating a <br />general inability by a person to meet its financial obligations as they accrue. <br />-11- <br />
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