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1999-113
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1999-113
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Last modified
7/31/2023 3:33:20 PM
Creation date
7/31/2023 3:32:04 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/27/1999
Control Number
1999-113
Subject
Option Agreement for Sale & Purchase/Blue Goose/Daniel I. Preuss, Trustee
Barbara B. Lynch, Trustee & Wayne C. Sommers, & Florida Communities Trust & IRC
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Fqw owrru s -wrs n 'a M+ F"As Cara a ryq rs" ! A a sw ►y r a <br />Acquiring.Agen-114 lAschoe 1%,c. and Local Gen einmcnl A Purchase Prize by P u•chawl. upon conlumnatron <br />tlrat the Total Purchase Prize ix no. in eucas of the frnat maximum approved purchase price of the Property <br />As determined 'tot ac.ardanzc Stith Rude 96=6.{!(17. Florida Administrative Code ("Maxinmm ,kplim,etl <br />birch= Price" t. and upon othci conditicm%+tared to tliia .agreement_ including but tout limited to that stated <br />in paragraph 30 hereof. <br />This Agreerent is also contingent upon Local Gmcmment's fiunds for Closing being available at closing and <br />upon Local Government giving written novice to Acquiring Agency, prior to the CNmisc of lite option. Thal <br />these f=15 are wi-Alable to etosc in accordance Will, thin :Agreement. ff such notification is not accomplished. <br />Acquiring Agency Irtay in its so It: d13cTel ion deelat a this AgteerllCnl void and of it c, further tome and clf"r as <br />ofilxmt date. Lmal iummi ttent's funds arc the sole responsibility of Local Gm <br />oecment. Seller shall have no <br />recourse whatsoever. at lawor equity, against Acquiring AgcnCy or the Property as a result of any master <br />arising at any fine wliethor before or after fee simple title is conveyed to Local fjotemmont, relating to Loral <br />Gover ment's funds, ,acquiring Agency .shall have no obligation under this Agreement to protide arty portion <br />Of Local Government's funds, A:.quirimg Agency's funds necessary to close are [lie sole responsibility of <br />Aeq uiring Agency. Seller shall ha•'C rlo Mcotrse %%hatsoncr, at lain or equity, against Local Goveinmcnt nr <br />theProperty as a result ofany matter arising at any time, tyhether before or after fee simple title is comcycd <br />to Local 131MV ttmett, relating to Aequitutg Agency's funds. Laval Govetrttttcnt shall have no obligation under <br />this Agreement to provide any portion of Acquiring Agency's funds• Should Local Government's funds or <br />Acquiring Agency's funds not be available for any reason. Purchaser or Seller neat• elect to terminate this <br />Agreement by written notice to the parties without liability to any party, <br />Acquiring Agency and Local Govcmment agree that the Local Government shall take fee simple title to all <br />of the Property at the closing notwithstanding that :acquiring Agency and Local Government arc required to <br />pay all of the Total Punch"o Price in the manner set forth in this ,-'agreement. Con, eyance of the Property in <br />fee simplermt & Sailer to Local Government will take place at the closing, in eschangc for the payments to be <br />made by Acquiring Agency and Local t'.sovemment to Seller at closing as set forth above in tliis paragraph 1, A. <br />3`$' lf° prior to closing, Acquiring Agcncy determines <br />that the Total Purchase Price stated in paragraph 3.:1, exceeds the final Maximum Approval Purchase Price <br />of the Property, the Total Purchase Price mti11 be reduced to the ficial :wiasimum Approved Pureliase Price of <br />the Property-. Upon determination of the final adjusted Total Purchase Price. Acquiring Agency's Purchas: <br />Ptiec and L"a troyrrnmenl's Purchase Price %)J 11 be determined and adju;tcd in accordance Stith paragraph <br />3.A. If the final adjusted Total Purchase Price is less than 1000 of the Total Purchase Price stated in <br />paragraph 3.A. becatie ofa reduction in the Maximum Approved Purchase Price of the Property. Sellar shall, <br />in his sole discretion. have the right to terminate this Agreement and neither party shall hate any fwther <br />obligations under this Agreement. If Seiler elects to terminate this agreement, Seller shall protide tsritten <br />notice to Acquiring Agency and I =] ti;`melrnnen. ot'his election to terminate this Agreement within 10 days <br />after Sellers receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price. In <br />the event Seller fails to git'e Acquiring Agency and Local Got-crnntent a written notice of termination within <br />the aforesaid time period from receipt of Acquiring Agency's vwittcn notice. then Scller shall be deemed to <br />hayettahW anyr ght to terminate chis Agreement based upon a reduction in the Total Purchase Price stated <br />in paragraph 3.A. <br />t.: ,\ 1 N . %. "s . Local Government shall, ttirhin 45 days prior to the <br />closing, conduct an M ironntental site asscsstn-nt of the Property which meets the standard of practice of the <br />.4nmcricdn Society of Tixting,\latcrials ("AST ,r'). Purchaser shall use the services of compctertl, prof nsional <br />consultants with expertise itt the environmental site assessing process to determine the existence and extent. <br />if any. of Hazardous Mated ais on the Property. The examination of hazardous materials zantamination shall <br />Fabrueary Z!, lr,a, <br />95-034-P56 '_ <br />
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