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2020-188
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Last modified
3/5/2021 10:55:37 AM
Creation date
9/25/2020 12:15:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/15/2020
Control Number
2020-188
Agenda Item Number
8.P.
Entity Name
McClain, Wayne C. and Nancy
Subject
Right-of-Way purchase
58th Avenue/37th Street Turn Lane
Warranty Deed, Owner's Policy, Closing Agreement
Area
3745 58th Avenue
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6.2 Taxes. <br />(a) All ad valorem taxes which are a lien on the property or on prior to the closing date <br />Shall be paid by Seller. <br />(b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid <br />for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid <br />in full by the seller. <br />7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing <br />documents. <br />7.1 County shall pay all expenses at Closing: <br />7. 1.1 The cost of recording the warranty deed and any release or satisfaction obtained by <br />Seller pursuant to this Agreement. <br />7.1.2 Documentary Stamps required to be affixed to the warranty deed. <br />7.1.3 All costs and premiums for the owner's marketability title insurance commitment and <br />policy, if any. <br />7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller <br />Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or <br />encumbrances upon the Property. <br />7.3 The estimated closing costs for this purchase transaction is $600.00. <br />8. Miscellaneous. <br />8.1 Controlling Law. This Agreement shall be construed and enforced in accordance <br />with the laws of the State of Florida. Venue shall be in Indian River County for all state <br />court matters, and in the Southern District of Florida for all federal court matters. <br />8.2 Condemnation. In the event that all or any part of the Property shall be acquired or <br />condemned for any public or quasi -public use or purpose, or if any acquisition or <br />condemnation proceedings shall be threatened or begun prior to the Closing of this <br />transaction, County shall have the option to either terminate this Agreement, and the <br />obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, <br />covenants, conditions, representations and warranties of this Agreement, to the Closing of <br />the transaction contemplated hereby and receive title to the Property; as well as receiving, <br />however, any and all damages, awards or other compensation arising from or attributable <br />to such acquisition or condemnation proceedings. County shall have the right to participate <br />in any such proceedings. <br />8.3 Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties with respect to this transaction and supersedes all prior agreements, written or <br />oral, between the Seller and the County relating to the subject matter hereof. Any <br />modification or amendment to this Agreement shall be effective only if in writing and <br />11 <br />
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