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2005-415
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2005-415
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Last modified
8/17/2016 12:07:13 PM
Creation date
9/30/2015 9:30:00 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/13/2005
Control Number
2005-415
Agenda Item Number
Additional Document
Entity Name
Margaret G. Ryall
Subject
Addendum, Residential Lease Ryall Tract
South Prong Slough LAAC Site - Option Agreement
Supplemental fields
SmeadsoftID
5326
Document Relationships
1996-015
(Attachment)
Path:
\Resolutions\1990'S\1996
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claims of easements, and (e) unrecorded mechanics' liens . Standard survey exceptions will only be deleted if a <br /> survey is obtained and certified to the issuer of the title insurance . <br /> 7 . DEFECTS IN TITLE . If the title insurance commitment or Survey furnished to Purchaser pursuant to <br /> this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days <br /> after notice from Purchaser, remove said defects in title. Seller agrees to use diligent effort to correct the <br /> defects in title within the time provided therefore ; however Seller shall not be obligated to bring suit to cure <br /> said defects . If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a <br /> diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then <br /> 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 <br /> and lien affidavit certified to Purchaser and title insurer in accordance with Section 627 . 7842 , Florida Statutes; <br /> and, an environmental affidavit on forms provided by the County. All prepared documents shall be submitted <br /> to the County for review and approval at least 30 days prior to the Option Expiration Date. <br /> 10 , PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be <br /> provided by Seller under this Agreement within 15 days after receipt by Purchaser of all of the required items. <br /> Seller will have 15 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails <br /> to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser may in its discretion extend <br /> the Option Expiration Date accordingly. <br /> 1 l . 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 Local <br /> Government acquires fee title to the Property between January 1 and November 1 , Seller shall, in accordance <br /> with Section 196 . 295 , Florida Statutes, place in escrow with the county tax collector an amount equal to the <br /> current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the <br /> Property, and reflecting the applicable discount for early payment. In the event the Local Government acquires <br /> 12 / 10 / 04 <br /> Page 3 <br />
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