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2006-102
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Last modified
7/26/2016 4:27:10 PM
Creation date
9/30/2015 9:36:54 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/30/2006
Control Number
2006-102
Agenda Item Number
Administrators signature
Entity Name
Shadowbrook Estates, Inc.
Subject
Option Agreement for sale and purchase -LAAC Project South Prong Slough
Supplemental fields
SmeadsoftID
5565
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is with no reduction in the Total Purchase Price, (b) extend the amount of time that Seller has to cure the <br />defects in title, or (c) terminate this Agreement, thereupon releasing Purchaser and Seller from all further <br />obligations under this Agreement. <br />8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a statutory <br />warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property <br />in fee simple free and clear of all liens, reservations, restrictions; easements, leases, tenancies and other <br />encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not <br />impair the marketability of the title to the Property, nor its management for the purposes of the County <br />environmentally sensitive lands acquisition program. The grantee in Seller's Warranty Deed shall be Indian <br />River County, a political subdivision of the State of Florida. <br />9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, Seller shall <br />submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as <br />required by Sections 286.23, and 380.08(2), Florida Statutes. Seller or his title agent shall prepare the deed <br />described in paragraph 8 of this Agreement; Seller's and Purchaser's closing statement; the title, possession and <br />lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes; and, <br />an environmental affidavit on forms provided by the County. All prepared documents shall be submitted to the <br />County for review and approval at least 10 business days prior to closing. <br />10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be <br />provided by Seller under this Agreement within 5 business days after receipt by Purchaser of all of the required <br />items. Seller will have 5 business days thereafter to cure and resubmit any rejected item to Purchaser. In the <br />event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its <br />discretion extend the Option Expiration Date accordingly. <br />11. EXPENSES. Seller will pay the documentary revenue stamp tax and all other taxes or costs associated <br />with the conveyance, including the cost of recording the deed described in paragraph 8 of this Agreement and <br />any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the <br />Property. <br />12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may <br />become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Purchaser <br />acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section <br />196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes <br />prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the <br />event the Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax <br />collector an amount equal to the taxes that are determined to be legally due and payable by the county tax <br />collector. <br />13. CLOSING PLACE AND DATE. The closing shall be on or before 30 days after the option is <br />exercised; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, <br />environmental site assessment, or any other documents required to be provided or completed and executed by <br />Seller, the closing shall occur either on the original closing date or within 30 days after receipt of <br />documentation curing the defects, whichever is later. The date and time of closing shall be set by County, after <br />consultation with Seller. The closing will be held at the Law Offices of Collins, Brown, Caldwell and Barkett <br />3/7/6 <br />Page 3 <br />
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