2013-024A - Laserfiche WebLink

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6 . SURVEY . During the period set forth above during which Seller must deliver a Commitment to Buyer, Buyer may obtain a current survey of the Property (the " Survey") . In order for the Title Company to remove the standard survey exceptions as described in 5 (c) above, the Survey must be prepared in accordance with the minimum requirements adopted by the F . S . P . L . S . , Fla. Admin. Code and the F . L. T . A . In the event that the Survey discloses an encroachment or setback violation which will preclude the Title Company from deleting the survey exception on the owner ' s policy of title insurance referenced in Paragraph 5 (a) above, the same shall be deemed a title defect hereunder and the provisions of Paragraph 5 (b) above relating to Buyer ' s delivery of notice of the defect and Seller ' s right to cure same shall control . Any other survey requirements set forth in the Commitment shall also be complied with, including a surveyor' s certificate in a form acceptable to the Title Company . 7 . CLOSING. a. Closing. The closing (the " Closing" ) shall be held at 10 : 00 a.m . on or before sixty (60) days from the Effective Date (the " Closing Date " ) , unless the parties mutually agree upon another time or date . Closing shall take place at the offices of Seller' s Counsel or such other place as the parties may agree . b . Possession . Possession of the Property shall be delivered to Buyer at the Closing, subject to the Permitted Exceptions and subject to tenants in possession. c . Proration of Taxes and Other Expenses and Profits . At Closing, pro-rations of income and expense and the apportionment of taxes shall be as follows : i . All rents, income and operating expenses with respect to the Property, if any, for the month in which the Closing occurs , and real estate and personal property taxes and other assessments with respect to the Property for the year in which the Closing occurs, shall be prorated as of the date of Closing . ii . If the Closing shall occur before the tax rate or the assessed valuation of the Property is fixed for the then current year, the apportionment of taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation, with full discounts applied . Subsequent to the Closing, the parties agree that there shall be no adjustment of such taxes . If the Property is not assessed as a separate parcel for tax or assessment purposes, then such taxes and assessments attributable to the Property shall be determined by Seller in its reasonable discretion. If, as of the Closing, the Property is not being treated as a separate tax parcel, then Buyer shall, at its sole cost and expense, use diligent best efforts to ensure that the Property is assessed separately for tax and assessment purposes within no more than one year from the Closing Date . d . Utilities . Utilities serving the Property shall not be prorated. On the day following closing, Seller shall have each utility provider render a final bill through said date and Seller shall on SLK_SAR: # 191001v2 7