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2000-253
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2000-253
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Last modified
7/12/2024 1:38:49 PM
Creation date
7/12/2024 1:38:16 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/22/2000
Control Number
2000-253
Agenda Item Number
11.A.2.
Entity Name
Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida
Subject
Option Agreement Sale of Fischer-St. Sebastian River Environmental
Land Purchase for Cost-Shre Reimbursement under CARL Program
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40 <br />unrecorded easements or claims of easements, and (e) unrecorded mechanics' <br />liens. <br />Purchaser shall reimburse seller for that portion of the Seiler'n cost for the <br />owner's title insurance policy which is equal to 50% of the minimum <br />promulgated rage with applicable re -issue credit being given for prior owner's <br />title insurance policies to the extent permitted by the Florida Insurance <br />Commissioners' rules and regulations. Purchaser shall not be required to <br />reimburse Seller until Seller has submitted the necessary documentation to DSL <br />which evidences payment in full of the title insurance cost by Seller and <br />until the final owner's title insurance policy has been received and approved <br />by DSL. This reimbursement is contingent upon a sale of the Property to <br />Purchaser. <br />7. DEFECTS IN TITLE. If the title insurance commitment or Survey furnished <br />to Purchaser pursuant to this Agreement discloses any defects in title which <br />are not acceptable to Purchaser, Seller shall, within 90 days after notice <br />from Purchaser, remove ,aid defects in title. Seller agrees to use diligent <br />effort to correct the defects in title within the time provided therefor, <br />including the bringing of necessary suits. If Seller is unsuccessful in <br />removing the title defects within said time Purchaser shall have the option to <br />either: fat accept the title as it then is with a reduction in the Purchase <br />Price by an amount determined by DSL, (b) accept the title as it then is with <br />no reduction in the Purchase Price, (c) extend the amount of time that Seller <br />has to cure the defects in title, or (d) terminate this Agreement, thereupon <br />releasing Purchaser and Seller from all further obligations under this <br />Agreement. If Seller fails to make a diligent effort to remove the title <br />defects, Seller shall be in default and the provisions of paragraph 17. of <br />this Agreement shall apply. <br />B. INTEREST CONVEYED. At Closing, Seller shall execute and deliver to <br />Purchaser a deed in accordance with Section 125.411, Florida Statutes, <br />conveying marketable title to the Property in fee simple free and clear of all <br />liens, reservations, restrictions, easements, leases, tenancies and other <br />encumbrances, except- for those that are acceptable encumbrances in the opinion <br />of Purchaser and do not impair the marketability of the title to the Property. <br />The Purchaser, by way of this Agreement, hereby petitions the Seller for the <br />release of the mineral rights reserved by the Seller pursuant to Section <br />270.11, Florida Statutes. The basis: for the release is that the Purchaser <br />requires these rights for more effective management in the preservation of the <br />Property and the Purchaser is also governed by Section 270.1.1, Florida <br />Statutes. 'these mineral rights are to be conveyed at closing to the Purchaser <br />at no additional cost by deed in accordance with Section 125.111, Florida <br />Statutes. <br />Said deed shall contain the following reservation in favor of the Seller: <br />The Grantor herein reserves the right of re-entry upon breach of condition as <br />to an undivided 1/2 interest in the lands conveyed herein, which right of re- <br />entry is an interest in real property. The right of re-entry may be enforced <br />by the Grantor only through legal or equitable action in a court of competent <br />jurisdiction in the event that either of the following events occur without <br />the consent of the Grantor: 1) Sale or conveyance of an interest in all or any <br />08/04/00 10:38AM <br />SHR.TFRM.GH <br />Page 4 <br />
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