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• i determine compliance therewith. Such an assessment shall, if applicable, provide an estimate of all costs expected in connection with ADA compliance, and be certified to purchaser by October 30, 2000, but in any case by not later than December 31, 2000. In the event the Seller has not delivered to the Purchaser the compliance report by December 31, 2000, the Purchaser, at its sole option, shall have the right to (i) obtain its own compliance report at the sole costs of the Seller (which cost the Seller hereby agrees to pay upon demand by the Purchaser) or (ii) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 1 Seller shall be obligated to undertake the compliance steps set forth in the site assessment, provided, however, that in the event the site assessment provided for in this Section reveals that there will be costs associated with ADA compliance, and such costs exceed $ 100,000, then the Seller shall have 30 days from the date the site assessment is certified to or obtained by the Purchaser to terminate this Agreement, thereupon releasing Seller and Purchaser from all future obligations hereunder. In the event Seller elects not to terminate this Agreement and undertakes such compliance steps, Seller and Purchaser agree that the costs associated with such ADA compliance may be q reimbursed to the Seller as part of the costs of the Improvements to be set forth in that certain ' Development Agreement dated as of September 1, 2000 (the "Development Agreement") between l Seller and Purchaser. I SECTION 9. iHT R '5T C NIVEYED. At closing, Seller shall deliver to Purchaser a statutory warranty deed in accordance with Section 689.02, Florida Statutes, I conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are Permitted Exceptions as described above. L The interest conveyed shall be expressly subject to and provide that if the Purchaser elects to sell the Property at any time during the "Term" of the Lease Agreement, the Seller shall have a first right of refusal to purchase the Property and all improvements located thereon for the lowest purchase price which the County would accept from a third party. The statutory warranty deed shall also reserve to and grant (lie Seller an option to repurchase the Property, at its then fair market value ' (such fair market value to be determined in the manner described in Section 10.07 of the Lease Agreement), at any time after the Bonds to be issued by the Purchaser have been retired, provided that the Seller is still the lessee under the Lease Agreement at the time of such repurchase. �I L L L SECTION 10. Seller and. Purchaser shall execute the deed described in Section 9 of this Agreement, necessary closing statements and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and any other instruments reasonably required to close. Whenever practicable all prepared documents shall be submitted to Seller and Purchaser for review and approval at least 30 days prior to the closing. 4