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2005-318
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2005-318
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Last modified
8/10/2016 9:57:33 AM
Creation date
9/30/2015 9:09:48 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
09/13/2005
Control Number
2005-318
Agenda Item Number
None
Entity Name
JCL Investment Group,Inc, Leona Diamond, Leona Diamond Trust
Subject
Assignment and Amendment of Option to Purchase
Documents made part of Record
Area
Oslo Riverfront Conservation
Supplemental fields
SmeadsoftID
5174
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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 />
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