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2023-076
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2023-076
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Last modified
6/27/2023 9:30:10 AM
Creation date
4/28/2023 11:23:31 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/18/2023
Control Number
2023-076
Agenda Item Number
12.G.1.
Entity Name
CREC Capital IR, LLC
Madsen, Jr., Myron and Davene
Subject
Agreement to Purchase and Sell Real Estate for acquisition of Right of Way
for Aviation Blvd & US -1 Improvements
Addendum to Agreement to Purchase & Sell Real Estate
Warranty Deed and Title Insurance
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An additional FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00) shall be <br />deposited with Escrow Agent within three (3) business days following the expiration of the <br />Inspection Period. The first deposit of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS <br />($25,000.00) is referred to as the "Inspection Period Deposit", and the second deposit of <br />FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00), together with the Inspection <br />Period Deposit, shall be referred to as the "Contract Deposit". Buyer and Seller hereby <br />appoint The Law office of Barry G. Segal, P.A , to act as the Escrow Agent for the <br />transaction contemplated by this Agreement and to hold the Earnest Money in escrow <br />subject to the terms of this Agreement. <br />3. Title. Seller shall convey marketable title (herein determined as per the Title Standards <br />adopted by the Florida Bar and in accordance with Florida law) to the Properties by warranty <br />deed free of claims, liens, easements and encumbrances of record or known to Seller; but <br />subject to property taxes for the year of Closing and covenants, restrictions and public <br />utility easements of record provided there exists at Closing no violation of any of the <br />foregoing. ("Permitted Exceptions"). <br />3.1 Buyer may order an Ownership and Encumbrance Report or Title Insurance <br />Commitment with respect to the Properties. Buyer shall within thirty (30) days following the <br />Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall <br />be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time <br />specified, or (b) Buyer delivers notice and Seller cures the defects within thirty (30) days <br />from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall use best <br />efforts to cure the defects within the Curative Period and if the title defects are not cured <br />within the Curative Period, Buyer shall have thirty (30) days from the end of the Curative <br />Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon <br />shall be of no further force and effect, or (ii) extend the Curative Period for up to an <br />additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. <br />4. INSPECTIONS. <br />4.1 Inspections. Buyer, its agents, employees, and representatives shall have ninety (90) days <br />after the Effective Date to perform any and all inspections of the Property as the Buyer deems <br />necessary (the "Inspection Period"). During the Inspection Period, Buyer shall, at its sole cost <br />and expense, determine that utility services including, water, wastewater, electric, telephone <br />and all other utilities are available in the proper size and capacity to serve the existing facilities <br />and installed to the property lines. At all times during the Inspection Period, Buyer and its <br />agents shall be provided with reasonable access during normal business hours to the Property <br />for purposes of on-site inspection, upon reasonable prior Notice (a minimum of twenty-four (24) <br />hours) to Seller. The scope of the inspection contemplated herein shall be determined by Buyer <br />
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