Rio Grande - Haywood Contract/Scope of Work

Home Browse Search

this§9.C(v)if Grantee fails or refuses to do so within a reasonable time,and Grantee shall reimburse the State for its costs and reasonable attorney's fees incurred with regard to such action. 10.STATUS PENDING CLOSING A.Maintenance of the Property Grantee shall require Owner to maintain the Property in its present condition until closing.Specifically,but not by way of limitation,Grantee shall,in its purchase and sale contract with Owner,prohibit the following Y Y activities on the Property:cutting,slashing,removing,destroying or wasting of any trees or plants;diking, dredging,filling or other disturbances;or disturbance of the soils or any alteration of the surface or of any harvesting of seasonal crops,which historic livestock grazing and P , vegetation thereon(with the exception of histo gr g g shall be in accordance with acceptable range management and farming standards).In the event of any such loss or damage prior to Closing,the State may,without liability,terminate this Grant. B.Risk of Loss The State may elect to terminate this Grant without liability to Grantee to provide Grant Funds in the event of loss or damage to the Property before closing, including,but no t limited to,losses from acts of nature,such as fire,flood,and landslide. 11.CLOSING A.Date and Time The date and time of Closing shall be at the mutual agreement of Grantee and Owner,but not later than 5:00 p.m.on December 31,2013.Closing shall occur at the offices of the title company.At Closing Owner shall deliver to Grantee a properly executed easement deed burdening the Property in perpetuity substantially in the form of Exhibit CE and suitable for recording,and the Grantee shall deliver to Owner payment of the Purchase Price.That portion of the Purchase Price supplied by the State may be in the form of a State warrant or electronic funds transfer,which shall be at the State's discretion.The State's payment shall be made under explicit instructions(i)that said payment shall be returned to the State if for any reason acquisition of the Easement does not occur,and(ii)that said payment shall be returned to the State if the Easement approved by the State in its instruction letter or at Closing are not delivered to the escrow agent/title insurance company. B.Exhibits PLT and PM At Closing Owneer shall deliver Exhibits PLT-Final and PM-Final(see Paragraph 3.C. Exhibits and other Attachments)and at that time Exhibit PLD-Final(Final Property Legal Description)and Exhibit PM- Final(Final Property Map)will be incorporated into this Grant and shall replace and supersede Exhibit PLD and Exhibit PM attached to the ORIGINAL CONTRACT. C. Closing at Title Company The Closing shall be completed by the title company furnishing the Title Commitment and subsequent title insurance policy.Owner and Grantee shall sign and complete all customary or required documents at or before Closing. 12.REPRESENTATIONS AND WARRANTIES A.Owner to Grantee As a condition of entering into this Grant the State requires Grantee to obtain from Owner the following representations and warranties in the purchase and sale contract between Grantee and Owner,each of which, shall also,notwithstanding anything to the contrary in§16.P or equivalent provison in any agreements or easements between Owner and Grantee,flow to and be enforceable by the State as a third-party beneficiary thereof: i.Compliance with Law Owner is in compliance with the laws,orders,and regulations of each governmental department, commission,board or agency having jurisdiction over the Property in those cases where noncompliance would have a material adverse affect on the Property. Page 6 of 12