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2017-212
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2017-212
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Last modified
12/19/2017 3:40:25 PM
Creation date
12/19/2017 3:40:24 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/19/2017
Control Number
2017-212
Agenda Item Number
8.G. 1 of 3
Entity Name
TD Bank, N.A.
Subject
66th Avenue Widening Project
Area
Right of Way
Alternate Name
Residential Purchase and Sale Agreement
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TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS <br /> TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN <br /> HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING <br /> VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR <br /> INFORMATION. <br /> 31. FIRPTA TAX WITHHOLDING: Seller shall inform Buyer in writing if Seller is a "foreign <br /> person" as defined by the Foreign Investment in Real Property Tax Act ("FIRPTA"). Buyer and <br /> Seller shall comply with FIRPTA, which may require Seller to provide additional cash at Closing. If <br /> Seller is not a"foreign person", Seller can provide Buyer, at or prior to Closing, a certification of non- <br /> foreign status, under penalties of perjury, to inform Buyer and Closing Agent that no withholding is <br /> required. Buyer and Seller are advised to seek legal counsel and tax advice regarding their <br /> respective rights, obligations, reporting and withholding requirements pursuant to FIRPTA. <br /> 32. Coastal Properties. The property being purchased may be subject to coastal erosion and to federal, <br /> state, or local regulations that govern coastal property, including the delineation of the coastal <br /> construction control line, rigid coastal protection structures, beach nourishment, and the protection of <br /> marine turtles. Additional information can be obtained from the Florida Department of Environmental <br /> Protection,including whether there are significant erosion conditions associated with the shoreline of the <br /> property being purchased. <br /> 33. Escrow Agent. Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, <br /> other funds and other items is authorized, and agrees by acceptance of them, to deposit them promptly, <br /> hold same in escrow within the State of Florida and disburse them in accordance with terms and conditions <br /> of this Agreement.When conflicting demands for the Deposit are received,or Agent has a good faith doubt <br /> as to entitlement to the Deposit,Agent may take such actions permitted by this paragraph,as Agent deems <br /> advisable.If in doubt as to Agent's duties or liabilities under this Agreement,Agent may,at Agent's option, <br /> continue to hold the subject matter of the escrow until the parties agree to its disbursement or until a final <br /> judgment of a court of competent jurisdiction shall determine the rights of the parties,or Agent may deposit <br /> same with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a <br /> party and also acts as Agent may represent such party in such action.Upon notifying all parties concerned <br /> of such action, all liability on the part of Agent shall fully terminate,except to the extent of accounting for <br /> any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with <br /> provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through <br /> mediation,arbitration, interpleader or an escrow disbursement order. Any proceeding between Buyer and <br /> Seller wherein Agent is made a party because of acting as Agent hereunder, or in any proceeding where <br /> Agent interpleads the subject matter of the escrow,Agent shall recover reasonable attorney's fees and costs <br /> incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. Agent shall not be <br /> liable to any party or person for mis-delivery of any escrowed items, unless such mis-delivery is due to <br /> Page 7 of 10 <br /> FL ' c i' ) <br /> Confidential <br /> �ti' I <br />
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