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pf_03056
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Last modified
7/17/2007 12:31:29 PM
Creation date
12/8/2004 2:48:01 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3056
Planning Files - Type
Planning-Other
Address
2190 ST CROIX ST
Applicant
CITY OF ROSEVILLE
PIN
082923340034
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<br />loss, costs and obligations, including reasonable attorney's fees, on account of or arising <br />out of any such injuries. However, Purchaser shall have no obligation to Seller for such <br />injuries which are caused by the negligence or intentional wrongful acts or omissions of <br />Seller. <br /> <br />10. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings <br />instituted under power of eminent domain or is conveyed in lieu thereof under threat of <br />condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof <br />shall be applied to payment of the amounts payable by Purchaser under this Contract. Such <br />payment shall not postpone the due date of the amounts due under this Contract. The balance. <br />if any, shall be the property of Purchaser. <br /> <br />11. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of <br />this Contract, pay the deed tax due upon the recording or filing of the deed to be delivered by <br />Seller to Purchaser. Any mortgage registry tax due upon the recordings or filing of this Contract <br />shall be paid by the Purchaser. <br /> <br />12. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the Property. <br />a copy of such assignment shall promptly be furnished to the non-assigning party. <br /> <br />13. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the <br />terms of this Contract or fails to perform any of the Purchaser's obligations as set forth in this <br />Contract, Seller may. at Seller's option, pay the same of cause the same to be performed, or both. <br />and the amounts so paid by Seller and the cost of such performance shall be payable at once. <br />with interest, at a rate equal to six percent (6%) per annum and such amounts shall be added to <br />the purchase price of the Property. Seller shall not hereafter create, suffer or permit to accrue, <br />any mortgage, contact for deed, lien or encumbrance against the Property. In the event <br />Purchaser causes a mechanic's lien to be filed against the Property (in its own name or by one of <br />its subcontractors) so long as Purchaser shall in good faith contest the validity thereof, <br />Purchaser shall post in favor of Seller a letter of credit 125% times the amount of such <br />mechanic's lien until such mechanic's lien is satisfied by appropriate legal proceedings or such <br />mechanic's lien expires by operation of law. <br /> <br />- <br />14. DEFAULT. The time of performance by Purchaser of the terms of this Contract is an essential <br />part of this Contract. Should Purchaser fail to timely perform any of the terms of this Contract, <br />Seller may, at Seller's option, elect to declare this Contract canceled and terminate by notice to <br />Purchaser in accordance with applicable law. Neither the extension of the time for payment of <br />any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this <br />Contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this <br />Contract because of defaults subsequently occurring. and no extension of time shall be valid <br />unless agreed to in writing. After service of notice of default and failure to cure such default <br />within the period allowed by law, Purchaser shall, upon demand, surrender possession of the <br />Property to Seller, by Purchaser shall be entitled to possession of the Property until the <br />expiration of such period. <br /> <br />15. COMMISSIONS AND BROKERAGE FEES. Neither party to this transaction is represented by a <br />broker. The parties represent to one another that they have no knowledge of any real estate <br />commissions or broker fees arising from or incurred by either party in connection with this <br />transaction. If either party has entered into an agreement which gives rise to real estate <br /> <br />5 <br />
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