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Board or by the County Administrator pursuant to his delegated authority. <br />3. Title. Seller shall convey marketable title to the Property by warranty deed subject <br />to the following matters: (a) comprehensive land use plans, zoning, and other land -use <br />restrictions, prohibitions and requirements imposed by governmental authority; (b) <br />restrictions and matters appearing on the Plat or otherwise common to the subdivision; (c) <br />outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted public <br />utility easements of record (located contiguous to real property lines and not more than 10 <br />feet in width as to rear or front lines and 7 112 feet in width as to side lines); and (e) taxes <br />for year of Closing and subsequent years; provided, that, none prevent use of Property for <br />County's intended use and development of the Property ("Permitted Exceptions"). If there <br />exists at Closing any violation of items identified in (b) — (e) above, then the same shall be <br />deemed a title per Paragraph 3.1. Marketable title shall be determined according to <br />applicable Title Standards adopted by the authority of The Florida Bar and in accordance <br />with law. <br />3.1 If the title defects are not cured after the first 90 -day extension, the Agreement shall <br />automatically be terminated. County may order an Ownership and Encumbrance Report or <br />Title Insurance Commitment with respect to the Property. County shall within thirty (30) <br />days following the Effective Date of this Agreement deliver written notice to Seller of title <br />defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of <br />defects within the time specified, or (b) County delivers notice and Seller cures the defects <br />within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). <br />Seller shall use best efforts to cure the defects within the Curative Period and if the title <br />defects are not cured within the Curative Period, County shall have thirty (30) days from <br />the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this <br />Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend <br />the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing <br />defects and proceed to closing. <br />4. Representations of the Seller. <br />4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the <br />sole owner of and has good right, title, and authority to convey and transfer the Property <br />which is the subject matter of this Agreement, free and clear of all liens and <br />encumbrances. <br />4.2 From and after the Effective Date of this Agreement, Seller shall take no action <br />which would impair or otherwise affect title to any portion of the Property, and shall record <br />no documents in the Public Records which would affect title to the Property, without the <br />prior written consent of the County. <br />4.3.1 Seller represents to the best of their knowledge that there are no existing or pending <br />special assessments affecting the Property, which are or may be assessed by any <br />governmental authority, water or sewer authority, school district, drainage district or any <br />other special taxing district. <br />2 <br />33 <br />