|
90• '(2) Buyer delivers proper written notice and Seller cures the defects within?iO Yys from receipt of the notice
<br /> 91 ("Curative Period"). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt
<br /> 92 by Buyer of notice of such curing. Seller may elect not to cure defects if Seller reasonably believes any defect
<br /> 93 cannot be cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have
<br /> 94 10 days from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or
<br /> 95 accept title subject to existing defects and close the transaction without reduction in purchase price.
<br /> 96 (c)Survey: (check applicable provisions below)
<br /> 97. (i.)Seller will,within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans,
<br /> 98 specifications, and engineering documents, if any, and the following documents relevant to this transaction:
<br /> 99-
<br /> too prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this
<br /> lot transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the
<br /> 102 date this Contract is terminated.
<br /> 103' 14 Buyer will, at 0 Seller's X Buyer's expense and within the time period allowed to deliver and examine title
<br /> 104 evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals
<br /> 105' encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will
<br /> 106- accept the Property with existing encroachments l21 such encroachments will constitute a title defect to be
<br /> 107 cured within the.Curative Period.
<br /> 108 (d)Ingress and Egress: Seller warrants that the Property presently has ingress and egress.
<br /> 109 7.PROPERTY CONDITION:Seller will deliver the Property to Buyer at the time agreed in its present"as is"
<br /> 110 condition,ordinary wear and tear excepted,and will maintain the landscaping and grounds in a comparable condition.
<br /> 111 Seller makes no warranties other than marketability of title. In the event that the condition of the Property has
<br /> 112 materially changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and
<br /> 113 receive a refund of any and all deposits paid, plus interest, if applicable. By accepting the Property"as is", Buyer
<br /> 114 waives all claims against Seller for any defects in the Property.(Check(a)or(b))
<br /> 115- 0 (a)As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its"as is"
<br /> 116 condition.
<br /> 117* (b)Due Diligence Period: Buyer will, at Buyer's expense and within 10 days from Effective Date("Due
<br /> 119 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion,for Buyer's
<br /> 119 intended use and development of the Property as specified in Paragraph 6. During the Due Diligence Period,
<br /> 120 Buyer may conduct any tests, analyses,surveys and investigations("Inspections")which Buyer deems necessary
<br /> 121 to determine to Buyer's satisfaction the Property's engineering, architectural,environmental properties;zoning and
<br /> 122 zoning restrictions; flood zone designation and restrictions;subdivision regulations; soil and grade; availability of
<br /> 123 access to public roads, water, and other utilities;consistency with local, state and regional growth management and
<br /> 124 comprehensive land use plans;availability of permits,government approvals and licenses;compliance with
<br /> 125 American with Disabilities Act; absence of asbestos,soil and ground water contamination; and other inspections
<br /> 126 that Buyer deems appropriate to determine the suitability of the Property for Buyer's intended use and
<br /> 127 development. Buyer will deliver written notice to Seller prior to the expiration of the Due Diligence Period of
<br /> 128 Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice
<br /> 129 requirement will constitute acceptance of the Property in its present"as is"condition. Seller grants to Buyer, its
<br /> iso agents,contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the
<br /> 131 purpose of conducting Inspections;provided, however, that Buyer, its agents, contractors and assigns enter the
<br /> 132 Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses,
<br /> 133 damages, costs, claims and expenses of any nature, including attorneys'fees at all levels,and from liability to any
<br /> 134 person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage
<br /> 135 in any activity that could result in a mechanic's lien being filed against the Property without Seller's prior written
<br /> 136 consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Property resulting
<br /> 137 from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections,and
<br /> 138 (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a result of the
<br /> 139 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's
<br /> 140 deposit will be immediately returned to Buyer and the Contract terminated.
<br /> 141 (c)Walk-through Inspec '. n: Buyer may,on the day prior to closing or any other time mutually agreeable to the
<br /> 142` Buyer Ar ( )and Seller ,r/ acknowledge receipt of a copy of this page,which is Page 3 of 8 Pages.
<br /> fry
<br /> •
<br /> CC-4 Rev.12/10 02010 Florida Association or REALTORS° All Rights Reserved
<br /> Licensed to Alta Star Software and ID:D-902260231.4W5H.120325
<br /> Software and added formatting©2017 Alta Star Software,all rights reserved.•www.altastar.com•(877)279-8898
<br />
|