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1999-142
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Last modified
8/7/2023 1:43:24 PM
Creation date
8/7/2023 1:42:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/18/1999
Control Number
1999-142
Entity Name
Annette R. Roberts, Trustee
Subject
Option Agreement for Sale and Purchase 41st Streetbetween 43rd and 58th Avenue
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11. EXPENSE. Seller will pay the documentary revenue stamp tax and all other <br />taxes or costs associated with the conveyance, including the cost of recording the deed <br />described in paragraph 8 of this Agreement and all other recordable instruments which <br />Purchaser deems necessary to assure good and marketable title to the Property. <br />12. _TAXES AND ASSESSMENT. All real estate taxes and assessment which are or <br />which may become a lien against the Property shall be satisfied of record by Seller at <br />closing. In the event the Purchaser acquires fee title to the Property between ,January 1 <br />and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place <br />in escrow with the county tax collector an amount equal to the current taxes prorated to <br />the date of transfer, 'based upon the current assessment and millage rates on the <br />Property. In the event the Purchaser acquires fee title to the Property on or after <br />November 1, Seller shall pay the county tax collector an amount equal to the taxes that <br />are determined to be legally due and payable by the county tax collector. <br />13. CLOSING PLACE AND DATE. The closing shall be on or before July 31, 3.999, <br />provided however, that if a defect exists in the title the Property, title commitment, <br />survey, environmental site assessment, or any other documents required to be provided <br />or completed and executed by Seller, the closing shall occur either on the original <br />closing or within 30 days after receipt of documentation curing the defects, whichever is <br />later. The date, time and place of closing shall be set by County, after consultation with <br />Seller. The parties agree that a closing as early as reasonably possible is the intention of <br />Seller and Purchaser; provided that there are no title defects, survey issues, or delays in <br />accomplishing the requirements of this Agreements. <br />14. RISK AND LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all <br />risk of loss or damage to the Property prior to the date of closing and warrants that the <br />Property shall be transferred and conveyed to the Purchaser in the same or essentially <br />the same condition as the date of Seller's execution of this Agreement, ordinary wear <br />and tear excepted. However, in the event the condition of the Property is altered by an <br />act of God or other natural force beyond the control of Seller, Purchaser may elect, at its <br />sole option, to terminate this Agreement and neither party shall have any further <br />obligations under this Agreement. Seller shall not be responsible for the tearing down <br />and removal of the abandoned house located on the property and the contents <br />contained therein. <br />15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that the date <br />this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, <br />shall have the right to enter the Property for all lawful purposes in connection with this <br />Agreement. With regard to any entry by Purchaser upon the Property prior to closing, <br />Purchaser shall be responsible during the term of this Agreement for damages or injury <br />to persons or property resulting from Purchaser's entry upon the Property. Purchaser's <br />liability to Seller or to any third party shall be subject to the Hntitations and conditions <br />specified in Section 768.28, Florida Statutes.. Seller shall deliver possession for the <br />Property to the County at closing. The. Seller has informed the Purchaser that the bridge <br />access to the property is washed out and dilapidated, such that a vehicle cannot safely <br />cross the same. The Seller shall have no liability to the Purchaser or any of its agents for <br />any property damage or personal injury that may result from the attempts to gain access <br />and/or their entry to the property. <br />
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