2000-253 - Laserfiche WebLink

Home Browse Search

do CI Property prior to closing are discovered after closing, yeller shall remain obligated hereunder, with such obligation to survive the closing and delivery and recording of the deed described in paragraph 8. of this Agreement and Purchaser's possession of the Property, to diligently i7= sue and accomplish the clean up of Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost and expense. The contractual limitation on Seller's contractual obligation to indemnify Purchaser and clean up the Property as specified in this paragraph 4.H. shall not be construed to limit Seller's legal liability under any Environmental Law for hazardous Materials located on the Property or to limit Purchaser's legal and equitable remedies against Seller under any Environmental Laws for Hazardous Materials located on the Property. 5. SURVEY. Seller shall, at his sole cost,and expense and not less than 30 days prior to the closing, deliver to DSL a current boundary survey of the Property prepared by a professional surveyor and mapper licensed by the state of Florida which meets the standards and requirements of DSL ("Survey"). it is Seller's responsibility to ensure that the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL regarding these standards and requirements and the cost of the Survey prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy- If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. Purchaser shall reimburse Seller for 541- of the DSL approved cost of Survey, upon Seller', submission of the necessary documentation to DSL which evidences payment in full of the Survey costs by Seller. This reimbursement is contingent upon fit a sale of the Property to Purchaser and (ii) acceptance of the Survey by DSL's Bureau of Survey and Mapping. In the event the survey provided by the Seller does not meet the standards and requirements of DSL's Bureau of Survey and Mapping, the Purchaser may have the property surveyed, at Purchaser's expense, and Seller shall reimburse Purchaser for 50% of the DSL approved cost of Survey provided by Purchaser, and Seller shall not be entitled to a credit or off -set for any of the cost of the original survey provided by the Seller. The terms and conditions of this paragraph shall control over any inconsistent provisions contained in the existing Oulti-Party Agreement affecting the Property. 6. TITLE INSURANCE. Seller shall, at his sole cost and expense and within 45 days of Purchaser's approval of this contract, furnish to USE, a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by DSL, insuring marketable title of purchaser to the Property in the amount of the final Purchase Price, seller shall require that the title insurer delete the standard exceptions of such policy referring to: Sal all taxes, (b) unrecorded rights or claims of parties in possesijion, (c) survey matters, (d) 08/04/00 10:3BAM SHRTFRM.GH Page 3