2005-220 - Laserfiche WebLink

Home Browse Search

14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the EL Property prior to the date of closing and warrants that the EL Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the EL Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the EL Property. 15 . RIGHT TO ENTER PROPERTY AND POSSESSION . Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the EL Property for all lawful purposes in connection with the this Agreement. With regard to any entry by Purchaser upon the EL. Property prior to closing, Purchaser' s liability to Seller or to any third party shall be subject to the limitations and conditions specified in section 768 . 28 , Florida Statutes . Seller shall deliver possession of the EL Property to the County at closing. 16 . ACCESS . Seller believes that there is legal ingress and egress for the EL Property over public roads or valid, recorded easements that benefit the EL Property. Within thirty (30) days of the effective date of this agreement, Purchaser shall satisfy itself as to the status of legal ingress and egress ("Access") . If Purchaser determines Access is not satisfactory, Purchaser may elect to terminate this Agreement by delivering written notice to Seller not later than thirty-five (35 ) days after the effective date . Failure to deliver such notice shall be deemed to confirm Purchaser ' s acceptance of Access as being satisfactory. 17 . DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid . If Purchaser defaults under this Agreement, Seller may seek any remedy permitted by law or in equity including specific performance resulting from Purchaser's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals , each party will be responsible for its own attorney's fees and costs . 18 . BROKERS . Seller and Purchaser warrant to each other that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9 . Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19 . RECORDING. This Agreement may not be recorded. 20 . ASSIGNMENT. This Agreement may be assigned by Purchaser to other governmental entities, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21 , TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22 , SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 02 / 21 / 05 Page 4