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2007-026A
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2007-026A
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Last modified
4/22/2016 2:25:13 PM
Creation date
9/30/2015 10:32:44 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2007
Control Number
2007-026A
Agenda Item Number
9.A.2
Entity Name
Lincoln Land Development,LLC
Subject
Option Agreement Sebastian Harbour
Area
Sebastian Harbour
Supplemental fields
SmeadsoftID
6088
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of the Purchaser in and to the Property in the amount of the Purchase Price . The Title <br /> Agent shall be Robert D . Schwartz , P .A. , whose address is 2240 Woolbright Rd . , Suite <br /> 411 , Boynton Beach , Florida , 33426 and whose phone number is (561 )367-0354 and <br /> whose fax number is (561 ) 736-4808 . Seller shall require that the title insurer delete the <br /> standard exceptions of such policy referring to : (a) all taxes, (b) unrecorded rights or claims <br /> of parties in possession , (c) survey matters , (d) unrecorded easements or claims of <br /> easements , and (e) unrecorded mechanics' liens . <br /> 7 . TITLE DEFECTS . If the title insurance commitment or Survey furnished to <br /> Purchaser pursuant to this Agreement discloses any defects in title which are not <br /> acceptable to Purchaser (herein "Title Defects") , Seller shall remove such defects in title <br /> within 90 days after notice from Purchaser (" Cure Period ") . Seller agrees to use diligent <br /> efforts to correct the Title Defects within the Cure Period ; however, Seller shall not be <br /> obligated to bring suit to cure such defects . Purchaser and Seller acknowledge and agree <br /> that the Option Expiration Date, or, if applicable , the closing date shall be extended for the <br /> duration of the Cure Period . If Seller is unsuccessful in removing the Title Defects within <br /> the Cure Period , or if Seller fails to make a diligent effort to correct the Title Defects , <br /> Purchaser shall have the option to either: (a) accept the title as it then is with no reduction <br /> in the Purchase Price ; (b) extend the amount of time that Seller has to cure the Title <br /> Defects ; or (c) terminate this Agreement, thereupon releasing Purchaser and Seller from <br /> all further obligations under this Agreement. <br /> 8 . INTEREST CONVEYED. At closing , Seller shall execute and deliverto Purchaser a <br /> statutory warranty deed in accordance with Section 689 . 02 , Florida Statutes , conveying <br /> marketable title to the Property in fee simple free and clear of all liens , reservations , <br /> restrictions , easements , leases , tenancies and other encumbrances , except for those that <br /> are acceptable encumbrances in the opinion of Purchaser and do not impair the <br /> marketability of the title to the Property, nor the management of the Property under <br /> Purchaser' s environmentally sensitive lands acquisition program . The grantee in Seller's <br /> statutory warranty deed shall be Indian River County, a political subdivision of the State of <br /> Florida . <br /> 9 . PREPARATION OF CLOSING DOCUMENTS . The title agent shall prepare the <br /> deed described in paragraph 8 of this Agreement; Seller's and Purchaser's closing <br /> statement; the title , possession and lien affidavit certified to Purchaser and title insurer in <br /> accordance with Section 627 . 7842 , Florida Statutes ; an environmental affidavit; and any <br /> other customary closing documents , all on forms approved by Purchaser ("Closing <br /> Documents") . All prepared Closing Documents shall be submitted to Purchaser for review <br /> and approval at least ten ( 10) days prior to closing . Purchaser will approve or reject the <br /> Closing Documents five (5) days after receipt by Purchaser. Sellerwill have three (3) days <br /> thereafter to revise and resubmit any rejected Closing Document to Purchaser. In the <br /> event Seller fails to timely deliver any Closing Document, or Purchaser rejects any Closing <br /> Document after delivery or revision , Purchaser may in its discretion extend the closing date <br /> accordingly. <br /> 3 <br />
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