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2008-036
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2008-036
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Last modified
3/22/2016 2:24:30 PM
Creation date
9/30/2015 11:57:30 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2008
Control Number
2008-036
Agenda Item Number
7.CC
Entity Name
Walt Disney World Hospitality & Recreation Corporation
Subject
Land Purchase Agreement
Area
9255 93rd. St.
Supplemental fields
SmeadsoftID
6857
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EXHIBIT "E" <br /> Form of Seller's Affidavit <br /> STATE OF FLORIDA <br /> COUNTY OF OANGE <br /> BEFORE ME, the undersigned authority, duly qualified and authorized in the State and County <br /> aforesaid to administer oaths and take acknowledgements, this day personally appeared Matt E. Kelly, <br /> Vice President of Walt Disney World Hospitality & Recreation Corporation, a Florida corporation <br /> ("Seller"), both individually and as officer of Seller ("Affiant"), who, after being duly sworn , deposes <br /> and says, to the best of her knowledge and belief, as follows : <br /> 1 . That Affiant is a person over the age of eighteen ( 18) years of age. <br /> 2. That Affiant makes this Affidavit with respect to certain land owned by Seller situate in <br /> Indian River County, Florida, more particularly described on Exhibit "A", attached hereto and made a <br /> part hereof (the "Property"). <br /> 3 . No person or entity is in possession of all or any portion of the Property, nor are there any <br /> outstanding unrecorded contracts, leases or occupancy agreements , written or verbal, with respect to the <br /> use or occupancy of the Property. <br /> 4 . Seller owns fee-simple title in and to the Property free, clear and unencumbered of all <br /> liens, taxes, and assessments , except for any current and non-delinquent real estate taxes for the year <br /> 2007, and subsequent years now or hereafter due and payable, and except as may be shown on the title <br /> insurance commitment described below . <br /> 5 . Seller is a corporation organized, existing and in good standing under the laws of the State <br /> of Florida, and Seller has the lawful right and authority to execute and deliver all documents or instruments <br /> necessary or appropriate to convey good and marketable fee simple title to the Property. <br /> 6. That within the past 120 days there has been no material or labor furnished for <br /> improvements to the Property at the instance or request of Seller, or pursuant to the agreement of Seller, <br /> for which payment is presently due but has not been made. As to any amounts which become payable <br /> after the date hereof at the instance or request of Seller, Seller shall: pay or cause to be paid such <br /> amounts ; cause the same to be otherwise bonded or secured so that the same do not result in a lien against <br /> the Property; or execute an indemnity agreement in favor of First American Title Insurance Company <br /> ("FATIC") with respect to such matters, which indemnity agreement shall be in form and content <br /> acceptable to FATIC. There may exist unpaid bills for labor performed or services rendered at the <br /> instance or request of Seller, or its affiliates, with respect to survey work with respect to the Property <br /> which may be the basis for assertion of a lien (whether statutory or common law) against the Property, or <br /> portions thereof, but Seller shall pay for all the costs of such work or have such costs bonded or <br /> indemnified as aforesaid. <br /> 7. There are no construction liens or claims filed against the Property for labor performed or <br /> material furnished or delivered at the instance or request of, or pursuant to the agreement (written or oral) <br /> of Seller, except as shown on the Commitment defined below, if any. <br /> January 8. 2008 E- 1 <br />
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