2013-011 - Laserfiche WebLink

Home Browse Search

6 . 2 In the event of a default by the County , the Kelly Estate shall be entitled , as its sole remedy hereunder, to terminate this Agreement . 7 . Closing . 7 . 1 The closing of the transaction contemplated herein (" Closing " and "Closing Date") shall take place within 15 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows : (a) The Kelly Estate shall execute and deliver to the County a quit claim deed conveying marketable title to the Property . ( b ) The Kelly Estate shall have removed all of its personal property and equipment from the Property and The Kelly Estate shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) The Kelly Estate and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction , including any corrective documents . 7 . 2 . Closing Costs ; Expenses . County shall be responsible for preparation of the quit claim deed . The Kelly Estate shall be responsible for preparing any i other Closing documents . County and the Kelly Estate shall pay in equal shares , the following expenses at Closing , (a ) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement . ( b) Documentary Stamps required to be affixed to the warranty deed . 8 . Prorations . All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Kelly Estate . If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , The Kelly Estate shall pay all current real estate taxes and special assessments levied against the Property , prorated based on the "due date " of such taxes established by the taxing authority having jurisdiction over the Property . If the Closing Date occurs between January 1 and November 1 , the Kelly Estate shall , in accordance with Florida Statutes Section 196 .295 , deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments , prorated to the Closing Date . 9 . Miscellaneous . 9 . 1 Controllinq Law , This Agreement shall be construed and enforced in accordance, with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 3