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described in paragraph 11 of this Addendum . JCL with Diamond ' s approval shall submit such easement <br /> to the County for review and approval on or before October 7 , 2005 ; any delay in submittal by Diamond <br /> of the easement will automatically extend both the November 4, 2005 date for County notification of <br /> closing, and the date for the additional deposit by JCL under the Option Agreement. <br /> 6 , 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 Diamond at closing. In the event the <br /> County acquires fee title to the Property between January I and November 1 , Diamond shall , in <br /> accordance with Section 196 .295 , Florida Statutes, place in escrow with the county tax collector an <br /> amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and <br /> millage rates on the Property. In the event the Local Government acquires fee title to the Property on or <br /> after November 1 , Diamond shall pay to the county tax collector an amount equal to the taxes that are <br /> determined to be legally due and payable by the county tax collector. <br /> 7 . CLOSING DATE. The closing shall be on or before November 11 , 2005 , provided, however, <br /> that the County may request an extension to the closing date to permit the clearing of title or other good <br /> cause, which request shall not be unreasonably refused by Diamond and JCL . In the event County <br /> requests an extension to the closing date, the Feasibility Study Period, as defined in the Option <br /> Agreement, also referred to as the due diligence period, and the requirement to deposit the additional <br /> deposit shall likewise be extended by the number of days the County requires to extend the closing date . <br /> 8 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Diamond assumes all risk of loss <br /> or damage to the Property prior to the date of closing and warrants that the Property shall be transferred <br /> and conveyed to the County in the same or essentially the same condition as of the date of Diamond ' s <br /> execution of this Assignment, ordinary wear and tear excepted . However, in the event the condition of <br /> the Property is altered by an act of God or other natural force beyond the control of Diamond, the County <br /> may elect, at its sole option, to terminate this Assignment and neither party shall have any further <br /> obligations under this Assignment. Diamond represents and warrants that there are no parties other than <br /> Diamond in occupancy or possession of any part of the Property. <br /> 9 . RIGHT TO ENTER PROPERTY AND POSSESSION . Diamond agrees that from the date this <br /> Assignment is executed by Diamond, the County and its agents, upon reasonable notice, shall have the <br /> right to enter the Property for all lawful purposes in connection with the this Assignment. With regard to <br /> any entry by the County upon the Property prior to closing, the County=s liability to Diamond or to any <br /> third party shall be subject to the limitations and conditions specified in section 768 .28, Florida Statutes . <br /> Diamond shall deliver possession of the Property to the County at closing. <br /> 10. ACCESS . Diamond warrants that there is legal ingress and egress for the Property over public <br /> roads or valid, recorded easements that benefit the Property . <br /> H . RETAINED DIAMOND PROPERTY . The real property described after the in the first "less <br /> and except the following" on the first page Exhibit A of the Option Agreement is to be retained by the <br /> Leona Diamond Trust (the "Diamond Retained Property"). The parties agree that the Leona Diamond <br /> Trust will also retain that portion of the Property described in Exhibit A of the Option Agreement <br /> generally described as a strip of land lying south of the Diamond Retained Property, east of the southerly <br /> extension of the west line of the Diamond Retained Property, and west of Lot 15 , River Shores Estates, <br /> Unit # 4 . This strip of additional land to be retained by Diamond is estimated to be approximately 10 feet <br />