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2019-001A
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2019-001A
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Last modified
12/27/2019 11:57:03 AM
Creation date
6/12/2019 2:01:41 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Deed
Approved Date
01/08/2019
Control Number
2019-001A
Agenda Item Number
8.D.
Entity Name
Star Suites by Riverside Theatre
Subject
Warranty Deed
Area
Flight Safety Drive Parcel
Alternate Name
Right of Way and Access to Historic Dodgertown
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notice delivered to the Star Suites at or prior to the Closing Date, and pursue all <br />remedies available hereunder and under applicable law; (ii) obtainspecific <br />performance of the terms and conditions hereof; or (iii) Waive Star Suites' default <br />and proceed to Closing. <br />6.2 In the event of a default by the County, the Star. Suites shall be entitled, as <br />its sole. remedy hereunder, to terminate this Agreement. Star Suites shall have no <br />claim for specific performance, damages or otherwise against the County. <br />7. Closing. <br />7.1 The closing ofthe transaction contemplated herein ("Closing" and "Closing <br />Date") shall take place within 45 days following '.the Effective Date of this <br />Agreement. In the event the County orders a report under Section 4, the Closing <br />Date shall be extended up to forty five (45) days from the end of the applicable <br />Curative Period, including any extensions. The parties agree that the Closing shall <br />be as follows: <br />(a) Star Suites shall execute and deliver to the, County a warranty deed <br />conveying marketable title to the Properties, free and clear of all liens and <br />encumbrances and in the condition required by paragraphs 3 and 4 <br />respectively. <br />(b) Star Suites shall have removed all of its personal property and <br />equipment from. the Properties and shall deliver possession of the <br />Properties to County vacant and in the same or better condition that existed <br />at the Effective Date hereof. <br />(c) If Star Suites is obligated to discharge any encumbrances at or prior <br />to Closing and fails to do so, County may use a .portion of Purchase Price <br />funds to satisfy the encumbrances. <br />(d) Star Suites shall deliver to the County an affidavit, in form acceptable <br />to the County, certifying that Star Suites is not a non-resident alien or foreign <br />entity, such that Star Suites andsuch interestholders are not subject to tax <br />under the Foreign Investment and Real Property Tax Act of 1980. <br />(e) Star Suites and the Countyshall each deliver to the other such other <br />documents or instruments as may reasonably be required to Close this <br />transaction, including any corrective documents. <br />(f) Prior to closing, and to the reasonable satisfaction of the County, Star <br />Suites shall have completed the following in accordance. with Florida <br />Department of Transportation Green'Book standards: <br />• Patch the 25'± wide section of. Flight Safety Drive that was excavated <br />during the construction of Star Suite and is currently filled with gravel <br />• Resurface Flight Safety Drive from its . intersection with Aviation <br />Boulevard south to the entrance of Historic Dodgertown, a distance <br />of approximately 610 feet, as depicted on the aerial photograph and <br />proposal from Tommy Hawkins & Sons, .Inc. dated December 4, <br />2018 in composite Exhibit "D" attached and incorporated by <br />3 <br />
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