R2019-170 Resolution Authorizing City Manager to Purchase Property Located at 855 N. Fairview Ave., Decatur, IL

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Premises is part thereof; (ii) construction and operation of a City of Decatur fire station on the Premises; (iii) the approval of a new ingress/egress for southbound traffic along Fairview Avenue as shown by the approach drawn in red on the attached drawing. (b) Buyer and Seller agreeing to any limited or shared common area and exclusive/non-exclusive points of ingress/egress as described on Exhibit B attached hereto. 3.2 Buyer's obligations under this Contract are subject to the following conditions: (a) Buyer may, at its expense and option, obtain such title reports and surveys as to the Premises as Buyer may desire.Buyer shall advise Seller in writing within 30 days after the effective date of this agreement concerning any defect in the condition of title disclosed by such reports or surveys and rendering the title unmarketable. In the event of such notice, the conveyance to Buyer shall be delayed pending Seller's efforts to resolve the same. In event Seller is unable or unwilling to cure such defects within a reasonable time after notice thereof, Buyer or Seller may elect to cancel and terminate this agreement and the rights and obligations of the parties hereunder; and in such event, Seller shall refund to Buyer all sums paid hereunder if Buyer shall so elect. Failure to notify Seller of any objectionable title defect as above said shall constitute a waiver thereo£ Title may be subject only to the following exceptions: (i) Easements,restrictions and reservations of record on the date hereof; (ii) Building and use restrictions; (iii) Special assessments levied for local improvements; (iv) Zoning regulations and ordinances affecting the Premises; and, (v) The lien of current general real estate taxes. 2