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2011-176.1
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2011-176.1
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Last modified
2/15/2016 9:51:33 AM
Creation date
10/1/2015 3:25:57 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/16/2011
Control Number
2011-176.1
Agenda Item Number
12.A.5
Entity Name
Pressley Ranch Inc,
Subject
Land Purchase grant funds North American Wetlands Conservation Act
Deed, Title Insurance, Environmental Affadavit
Area
Pressley Ranch
Supplemental fields
SmeadsoftID
10560
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6 . SURVEY . Purchaser may , at its expense prior to the end of the Inspection Period , obtain <br /> a <br /> current boundary survey of the Property prepared by a professional land surveyor licensed by the State of <br /> Florida . If the Survey shows any encroachment on the Property , or that improvements intended to be <br /> located on the Property encroach on the land of others , the same shall be treated as a title defect under this <br /> Agreement. <br /> 7 . TITLE INSURANCE . Seller shall deliver to Purchaser, at its sole cost and expense and at least <br /> 35 days prior to the end of the Inspection Period , a marketable title insurance commitment, to be followed <br /> by an owner' s marketable title insurance policy (ALTA Form " B " ) from Commonwealth Title or Title <br /> Resources Group , to be approved by the Purchaser, insuring marketable title of the Purchaser in and to the <br /> Property in the amount of the Total Purchase Price . Seller shall require that the title insurer delete the <br /> standard exceptions of such policy referring to : (a) all taxes, (b) unrecorded rights or claims of parties in <br /> possession , ( c) survey matters , (d) unrecorded easements or claims of easements , and (e) unrecorded <br /> mechanics' liens . <br /> 8 . DEFECTS IN TITLE . If the title insurance commitment or Survey furnished to Purchaser <br /> pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller <br /> shall , within 90 days after notice from Purchaser, remove said defects in title . Seller agrees to use diligent <br /> effort to correct the defects in title within the time provided therefore; however Seller shall <br /> not be <br /> obligated to bring suit to cure said defects . If Seller is unsuccessful in removing the title defects within <br /> said time or if Seller fails to make a diligent effort to correct the title defects , Purchaser shall have <br /> the <br /> option to either : (a) accept the title as it then is with no reduction in the Total Purchase Price, (b) <br /> extend <br /> the amount of time that Seller has to cure the defects in title , or (c) terminate this Agreement, thereupon <br /> releasing Purchaser and Seller from all further obligations under this Agreement . <br /> 9 . 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 <br /> Property in fee simple free and clear of all liens, reservations , restrictions, easements , leases , tenancies <br /> and other encumbrances , except for those that are acceptable encumbrances in the opinion of Purchaser <br /> and do not impair the marketability of the title to the Property, nor its management for the purposes of the <br /> County environmentally sensitive lands acquisition program . The grantee in Seller' s Warranty Deed shall <br /> be Indian River County , a political subdivision of the State of Florida. <br /> 10 . 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 <br /> statement as required by Sections 286 .23 , and 380 . 08 (2), Florida Statutes . Seller or its title agent shall <br /> prepare the deed described in paragraph 9 of this Agreement ; Seller' s and Purchaser ' s closing statement ; <br /> the title , possession and lien affidavit certified to Purchaser and title insurer in accordance with Section <br /> 627 . 7842 , Florida Statutes ; and, an environmental affidavit on forms provided by the County . In the <br /> environmental affidavit, Seller will attest, to the best of its knowledge, without independent investigation <br /> or inquiry , to the lack of adverse environmental conditions . Seller will also attest that it has received no <br /> notification or adverse environmental conditions from any governmental agency . All prepared documents <br /> shall be submitted to the County for review and approval at least 10 days prior to closing . <br /> 11 , PURCHASER REVIEW FOR CLOSING . Purchaser will approve or reject each item required to <br /> be provided by Seller under this Agreement within 7 days after receipt by Purchaser of all of the required <br /> items . Seller will have 3 days thereafter to cure and resubmit any rejected item to Purchaser . In the event <br /> Page 2 <br />
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