FULL PACKET_09-06-2016 - Laserfiche WebLink

Home Browse Search

Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer's properties are bound. (d) Subsequent Changes to Buyer's Representations and Warranties. If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the "Buyer's Representation Matter"), then the party who has learned, discovered or become aware of such Buyer's Representation Matter shall promptly give written notice thereof to the other party and Buyer's representations and warranties shall be automatically limited to account for the Buyer's Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer's representation shall be qualified by such Buyer's Representation Matter and Buyer shall have no obligation to Seller for such Buyer's Representation Matter. 14. Grant Deed Restrictions. As a condition of the sale of the Property, Buyer shall obtain all final approvals, including, without limitation, the building permit and all related municipal approvals (the "Approvals") necessary for developing the Property and constructing thereon, pursuant to a site plan which is acceptable to Seller, a building or buildings, together with related site improvements (the "Intended Improvements") appropriate for the operation of a rectory, office, or related accessory church facility (the "Intended Use"). Under no circumstances shall the Property remain unimproved or be used as a parking lot for any amount of time reasonably longer than is necessary to obtain the Approvals and construct the Intended Improvements for the Intended Use of the Property. In the event Buyer has not obtained, or is unable to obtain, the Approvals and has not constructed the Intended Improvements for the Intended Use of the Property within two (2) years following the filing of the Grant Deed, Seller shall have the right to take any action available at law to enforce this Restriction, but any failure to promptly enforce the Restriction shall not be deemed a waiver of the violation or the Restriction. 15. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. 16. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi -public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, "Notices") shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personally delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of ow