|
FEB-02-99 15:01 From:US POSTAL SERVICE KC FSO 9138314202 T-T43 P.03/05 Job-531
<br /> laUNITED STATES Offer to Sell Real Property
<br /> POSTAL SERVICE.
<br /> Q. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the
<br /> title to the land and deed to the Postal Service have been accepted by the Postal Service through its duly authorized
<br /> representative or until the right of occupancy and use of the land, as hereinbelow provided for, has been exercised by
<br /> the Postal Service; and, in the event that such loss or damage occurs, the Postal Service may,without liability, refuse to
<br /> accept conveyance of the title or it may elect to accept conveyance or title to such property, In which case there shall be
<br /> an equitable adjustment of the purchase price.
<br /> 6. The agents, employees or representatives of the Postal Service shall have the right, during the period of the offer,
<br /> subject to the use made of the premises by the seller to enter upon the said premises for the sole purpose of inspecting
<br /> the same and making test borings, plans and topographical surveys in connection with the Postal Service's
<br /> contemplated use of the premises. The Postal Service, at its expense shall promptly restore the property of the seller to
<br /> its original condition in accordance with good engineering practices.
<br /> 7. Possession of the property shall be delivered to the purchaser on the day the sale Is consummated unless a different
<br /> possession date is herein specified.
<br /> 8. The seller agrees not to rent, lease or otherwise increase tenancy on any portion of the property subsequent to
<br /> execution of this Offer to Sell Real Property.
<br /> 9. It is agreed that the spouse, if any, of the seller, by signing below, agrees to join in any deed to the Postai Service
<br /> and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate or
<br /> interest in the subject property and to relinquish and release any dower, curtesy, homestead, or other rights or interests
<br /> of such spouse therein.
<br /> 10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising
<br /> from it. This prohibition does not apply to the extent this option is with a corporation for the corporation's general benefit.
<br /> •1. Contingent Fees:
<br /> a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this
<br /> contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except
<br /> bona fide employees or bona fide established commercial or selling agencies maintained by the seller for the purpose
<br /> of obtaining business.
<br /> b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at
<br /> Its sole discretion, to deduct from the contract price or consideration,or otherwise recover from seller the full amount
<br /> of the commission. percentage. brokerage fee, or contingent fee.
<br /> c. Licensed real estate agents or brokers having listings on property for sale, in accordance with general business
<br /> practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as
<br /> bona fide employees or agencies within the exception contained in this clause.
<br /> 12. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and
<br /> assigns of the seller.
<br /> 13. The seller agrees that the Postal Service may acquire title to said land by condemnation or other Judicial
<br /> proceedings, in which event the seller agrees to cooperate with the Postal Service in the prosecution of such
<br /> proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just
<br /> compensation, inclusive of Interest, for the taking of said land; agrees that any and all awards or just compensation that
<br /> may be made in the proceeding to any defendant shall be payable and deductible from the said amount.
<br /> 14. Seller warrants that as of the date of this offer and of transfer of title, except as specifically identified in this
<br /> agreement, (1) the property(including the land, surface water, groundwater, and improvements to the land) is free of all
<br /> contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state
<br /> or federal law, and (2) there are no underground storage tanks or associated piping on the property. This warranty
<br /> •urvlves transfer of title and shall be binding upon seller, its successors and assigns.
<br /> PS Form 8338,July 1997 2
<br />
|