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40 <br />40 <br />L-1 <br />Seller shall be obligated to undertake the compliance steps set forth in the site assessment, <br />provided, howeverLAhat in the event the site assessment provided for in this Section reveals that there will <br />be costs associated with ADA compliance, and such costs exceed $ I00,000, then the Seller shall have 30 <br />days from the date the site assessment is certified to or obtained by the Purchaser to terminate this <br />Agreement, thereupon releasing Seller and Purchaser fi-orn all future obligations hereunder. In the event <br />Seller elects not to tenninate this Agreement and undertakes such compliance steps, Seller and Purchaser <br />agree that the costs associated with such ADA compliance may be reimbursed to the Seller as pan of the <br />costs of the Improvements to be set forth in that certain Development Agreement dated as of September <br />1, 2000 (the "Development Agreement") between Seller and Purchaser. <br />SECTION 9. INTEREST CONVEYED, At closing, Seller shall deliver <br />to Purchaser statutory warranty deed in accordance with Section 6$4.02, Florida Statutes. conveying; <br />marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, <br />I eases, tenancies and other encumbrances, except for those that are Permitted Exceptions as described <br />above. <br />The interest conveyed shall be expressly subject to and provide that if Purchaser cccts to sell <br />the Property at any time during the "Term" of the Lease Agreemcnt, the Seller shall have a first right of <br />rcfiical to purchase the Property and all improvements located thereon for the lowest purchase price which <br />the County would accept from a third party. The statutory warranty deed shall also reserve to and grant <br />the Seller an option to repurchase the Property, at its then fair market value (such fair market value to be <br />determined in the manner described in Section 10.07 of the Lease Agreement), at any time after the Bonds <br />to be issued by the Purchaser have been retired, provided that the Seller is still the lessee under the Lease <br />Agreement at the time of such repurchase. <br />SEC'T'ION 10. PREEARAIM QF CLOSING DOCUMENTS. Seller and <br />Purchaser shall execute the deed described in Section 9 of this Agreement, necessary closing statements <br />and the titleā€ž possession and lien affidavit certified w Purchaser and title insurer in accordance with Section <br />627.7842, Florida Statutes, and any other instruments reasonably required to close. Whenever practicable <br />all prepared documents shall be submitted to Seller and Purchaser for review and approval at least 30 days <br />prior to the closing. <br />SECTION' 11. REVIEW FOR CLOSING, Seller and Purchaser will approve or <br />provide reasonable comments to all closing documentation to be provided under this Agreement as soon <br />as practicable after receipt. <br />SECTION I2. EXPENSES. Seller shall pay the documentary revenue <br />stamp tax and all other taxes or costs associated with the conveyance, excluding the recording fees to <br />record the deed required by Section 9 of this Agreement, arid Seller shall pay the costs of recording any <br />other recordable instruments which are necessary to assure good and mat-ketable title to the Property. <br />Purchaser shall pay the recording fees to record the deed required in Section 9 of this Agreement. <br />l9y <br />