Res 2017-167/approving a Lease-Purchase Agreement with the Trust for Public Land providing for the City to lease with an option to purchase approximately 102 acres of land west of the City off of Derby Court, which agreement provides for payment by the C

Home Browse Search

(b) Seller has the right, power and authority to enter into this Agreement and to consummate it in accordance with its terms; (c) There are no leases, licenses, contracts or agreements of any kind whatever affecting the Property or any part thereof except this Lease -Purchase Agreement and those set forth in Exhibit "C" attached hereto and by reference incorporated herein, all of which are cancelable without cause upon no more than thirty (30) days written notice; (d) Seller will not extend or modify any of the agreements listed in Exhibit "C" as attached and acknowledged by Seller, or enter into any other contracts or agreements of any kind affecting the property or any part thereof after the date of this Agreement without the advance written consent of Buyer; (e) Seller knows of no pending or threatened proceedings which might affect the Property or any part thereof or Seller's title thereto; (f) There exists no uncured notices served upon or delivered to Seller by any private or governmental party which might result in any lien upon or claim against the Property or any part thereof or which specify any violation of law, rule, regulation, or ordinance with respect to the Property or any part thereof. Seller will take all such actions as will cause all of the foregoing representations and warranties to be true and correct as of closing. 38. MEMORANDUM OF LEASE AND OPTION: Concurrently with the signing of this Agreement, the parties have signed a Memorandum of Lease and Option in the form attached hereto as Exhibit "D" and by reference incorporated herein. Seller and Buyer shall have the right to record the Memorandum of Option among the public records of the county in which the Property is located. In the event Buyer does not exercise the option, or terminates the Agreement, Buyer shall, upon Seller's written request, deliver to Seller for recording at Seller's expense a quitclaim deed to the Property. The Memorandum may also be canceled by execution and release signed by The Trust for Public Land. 39. REMEDIES UPON DEFAULT: In the event Seller defaults in the performance of any of Seller's obligations under this Option to Purchase, Buyer shall have as its only remedies the refund of the Option Money paid to Seller and the right to sue for specific performance. In the event Buyer defaults in the performance of any of its obligations under this Agreement, Seller shall have the right to retain or to sell the Property to a third parry, and to sue for damages for all losses resulting from Buyer's breach. 40. NOTICES: All notices, demands, requests or other communications permitted or required by this Agreement shall be in writing and shall be deemed to have been duly given if delivered by the date called for under this Agreement, or mailed, first class, postage prepaid, certified, mail, return receipt requested, addressed as follows: IF TO LESSOR— SELLER: THE TRUST FOR PUBLIC LAND J. Alex Ghio, Senior Counsel 306 North Monroe Street Tallahassee, Florida 32301 Tel: 850-222-7911, ext. 32 Fax: (850) 222-8909 Email: alex.ghio@tpl.org 14