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r • • <br />take place on the Agreement. In view of these contingendes, the Notice will request that the court <br />continue to hold the action In abeyance until closing or until either party notifies the court that the <br />Closing will not take place and requests the rescheduling of the valuation trial. <br />2. Stipulation for Dismissal. Thomton and Aggregate shall execute concurrently with <br />the transfer of title and payment of compensation as set forth herein a Stipulation for Dismissal of <br />the Condemnation Action providing as follows: <br />Each party Is to pay its own costs, attorneys' fees and expenses and <br />Aggregate specifically waives any right it may have for a claim of damages, <br />costs, expenses or attorneys' fees by reason of the dismissal or <br />abandonment of the Condemnation Action. <br />b. The One Million Nine Hundred Twenty-Eight Thousand Six Hundred Dollars <br />($1,928,600.00) deposited by Thornton into the registry of the Court in the <br />Condemnation action will be considered a down payment against the <br />Purchase Price of this Agreement, to be paid by Thomton for the acquisition <br />of the Property from Aggregate. <br />c. In the event Thornton does not close on this Agreement and proceeds with <br />a new condemnation action within two (2) years, the amount to be paid in <br />such condemnation action shall be the same as that set forth in this <br />Purchase Agreement. <br />3. Taxes and Assessments Due or Claimed. The parties acknowledge that Aggregate <br />has paid the 1999 real property taxes on the Property and the prorated amount for the period <br />ending May 15, 2000, the date of proration, for the 2000 real property taxes on the Property as <br />determined by the Treasurer of Adams County for any assessments, real estate taxes or personal <br />properly taxes due or claimed by such Treasurer relating to the Property being acquired in the <br />Condemnation Action. <br />Transfer Of The Property <br />4. Aoreement for Conveyance. Aggregate shall convey and Thomton shall accept the <br />Property, as hereinafter defined, upon the terms and conditions set forth In this Agreement. <br />5. Pro a .The parties acknowledge that the Property Includes all rights, easements, <br />privileges and appurtenances pertaining thereto owned by Aggregate, provided: <br />a. Aggregate shall reserve (a) any and all deep bedrock (Senate Bill 5 <br />Groundwater) water rights, and (b) an easement, in the form of and for the <br />North Dahlia <br />Purchase Agreement <br />December 11, 2000 <br />Page 3 of 22 <br />