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1989-169
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1989-169
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Last modified
4/6/2022 3:22:12 PM
Creation date
10/2/2020 12:12:32 PM
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Official Documents
Official Document Type
Agreement
Approved Date
09/26/1989
Control Number
89-169
Entity Name
Sea Oaks
Subject
PURCAHSE AGREEMENT AND IRRIGATION AGREEMENT
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counsel, render or may render UTILITY's title to the .real <br />estate unmarketable and uninsurable. Any objections to title <br />to the extent not shown on the notice furnished by COUNTY in <br />accordance with the provision of this paragraph shall be deemed <br />to have been waived by COUNTY for all purposes hereof, and <br />COUNTY shall not be entitled to any damages or other remedies. <br />UTILITY shall be entitled to thirty (30) days time to eliminate <br />any of the objections to title as set forth in COUNTY's notice <br />that UTILITY chooses to eliminate. UTILITY is not, however, <br />under any obligation to bring any action or proceeding in order <br />to make title to the real estate marketable. In the event <br />UTILITY shall be unable to deliver title as herein required, <br />then COUNTY shall have only tha rights to accept whatever title <br />UTILITY is able to convey without any abatement of the purchase <br />price, or to reject title. <br />COUNTY shall not be entitled to any other right or <br />remedies. If COUNTY shall reasonably reject title, neither <br />party shall have any further liability whatsoever hereunder, <br />and in this event, UTILITY shall pay all costs of the title <br />insurance commitments. COUNTY shall not object to title by <br />reason of the existence of any mortgage, lien, encumbrance, <br />covenants, restriction, or other matter, provided (a) the same <br />may be satisfied with the payment of money, and UTILITY, at its <br />option, elects to do so by paying same at or prior to closing; <br />or (b) any mechanic's lien or other encumbrance which can be <br />released of record, bonded or transferred of record to <br />substitute security so as to relieve the real estate from the <br />burden thereof; or (c) the title insurance company issuing the <br />title insurance commitments referred to above is willing to <br />affirmatively insure -over against such matter and is willing to <br />insure against the enforcement thereof against the real estate. <br />B. Permitted Encumbranceg. As used above, <br />"Permitted Encumbrances" shall mean and include the following: <br />(1) All present and future building restrictions, <br />zoning regulations and all present and future laws, ordinances, <br />resolutions, regulations and orders of governmental authority <br />having jurisdiction over the real estate and the use thereof. <br />(2) The lien of all property taxes for the calendar <br />year in which the closing takes place, and thereafter. <br />Property taxes shall be prorated at closing. <br />(3) Easements, restrictions, reservations, rights of <br />way, conditions and limitations of record, if any, which are <br />not coupled with any reverter or forfeiture provisions, <br />including (without limitation) any drainage, canal, mineral, <br />road or other reservations of record in favor of the State of <br />Florida, or any of its agencies or governmental or <br />quasi -governmental entities, or as may be set forth in any <br />"Murphy Deeds," none of which, however, shall impair or <br />restrict the use of the system or render title uninsurable or <br />unmarketable. <br />(4) Such other matters as are permitted under the <br />terms of this Agreement. <br />9. SURVIVAL OF WARRANTIES. <br />All warranties, covenants, agreements and <br />representations made in this Agreement by either party shall <br />survive the closing. <br />10. FURTHER DOCUMENTS. <br />Each party will, at any time and from time to time <br />after the closing date, upon reasonable request of the other <br />
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