Resolution 1999-30 - Laserfiche WebLink

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If County terminates this Agreement pursuant to this Paragraph, both parties shall be released herefrom and all moneys paid to City be returned to County. 12. Real Estate Commission. No party to this Agreement has engaged the services of any real estate agent and no commission is owed by any party in this transaction. 13. Property to Remain Unencumbered. City agrees that it will not, so long as this Agreement is in effect, encumber or burden any portion of the Property without the consent of County. 14. Dedication of Right-of-Way. The County agrees to dedicate from the Property to the City, at the City's request, right-of-way necessary for the improvement of Dillon Road. Any land so dedicated shall be released from this Agreement and/or the reciprocal conservation easements to be granted by the County and City to each other over the Property pursuant to this Agreement. The County shall be compensated for such right-of-way based on its proportionate ownership of the Property and based on the County's actual cost to acquire the land so dedicated to the City for right- of-way purposes. If the right-of-way is dedicated to the City after December 31, 2001, the compensation to the County shall be increased at a rate of three percent (3%) per annum from the date of execution of this Agreement to the date of dedication. The obligations of this Paragraph shall survive closing the conveyances set forth in this Agreement. 15. Agreement to Survive Closing. The City and County agree that, except for such of the terms, conditions, covenants, and agreements hereof which are, by their very nature fully and completely performed upon the closing of the purchase-sale transactions herein provided for, all of the terms, conditions, representations, covenants, and agreements herein set forth and contained shall survive the closing of any purchase-sale transaction herein provided for and shall continue after said closing to be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 16. Notice. Whenever notice is required to be given hereunder, it shall be in writing and delivered to the party entitled thereto or mailed to the party entitled thereto, by registered or certified mail, return receipt requested, or it may be sent by facsimile transmission. If delivered, said notice shall be effective and complete upon delivery. If mailed, said notice