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Jon R Clark 2/11/2020
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Jon R Clark 2/11/2020
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Last modified
2/13/2020 9:27:23 AM
Creation date
2/13/2020 9:26:56 AM
Metadata
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Contracts
Contractor's Name
Jon R Clark
Approval Date
2/11/2020
Council Approval Date
2/5/2020
Department
Facilities
Department Project Manager
Darcie Byrd
Subject / Project Title
Acquisition of Park Property
Tracking Number
0002224
Total Compensation
$0.00
Contract Type
Real Property
Retention Period
10 Years Then Transfer to State Archivist
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enter upon the Real Property and conduct inspections and non-destructive tests to <br /> ascertain the condition and suitability of the Property. Buyer and Seller shall coordinate <br /> the timing of such inspections and tests so that they do not interfere with Seller's business. <br /> If Buyer does not deliver to Seller written notice on or before the expiration of the <br /> Feasibility Study Period that Buyer approves the suitability of the Property for Buyer's <br /> intended use, which approval is in Buyer's sole judgment, then the Deposit will be <br /> returned to Buyer, Buyer shall return to Seller all Feasibility Materials to Seller, this <br /> Agreement terminates, and Seller and Buyer will be released from all further obligation or <br /> liability under this Agreement. <br /> 6.3 Buyer's Contingencies. Buyer's obligation to purchase the <br /> Property is expressly contingent on upon the following: <br /> a) Buyer's approval, prior to expiration of the Feasibility Study <br /> Period, of the suitability of the Property as a result of the <br /> Feasibility Study; <br /> b) Buyer's receipt of Title Company's firm commitment to issue, <br /> upon closing, the Title Policy; <br /> c) All Seller's representations and warranties contained in or <br /> made pursuant to this Agreement being true and correct as of <br /> the Closing Date; <br /> d) Seller's timely performance of all Seller's obligations under <br /> this Agreement; and <br /> e) No material change in the condition of the Property between <br /> the Effective Date and the Closing Date. <br /> 7. Closing. <br /> 7.1 Time for Closing. The sale shall be closed in the office of Rainier <br /> Title Company, 2722 Colby Ave, Everett, WA 98201 ("Closing Agent") on July 1, 2020, <br /> or such other date as the parties may agree in writing. At least one (1) business day prior <br /> to closing, Buyer and Seller shall deposit in escrow with Closing Agent all instruments, <br /> documents and monies necessary to complete the sale in accordance with this <br /> Agreement. As used herein, "closing" or"date of closing" or"Closing Date" means the <br /> date on which all appropriate documents are recorded and proceeds of sale are available <br /> for disbursement to Seller. If closing does not occur on or before July 1, 2020, or any <br /> later date mutually agreed to in writing by the Seller and Buyer, Closing Agent shall <br /> immediately terminate the escrow, forward the Deposit to the party entitled to receive it <br /> as provided in this Agreement and return all documents to the party that deposited them. <br /> 7.2 Seller's Escrow Deposits. On or before the Closing Date, Seller <br /> shall deposit into escrow the following: <br /> 4 <br />
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