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2003-302
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2003-302
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Last modified
11/29/2016 1:43:45 PM
Creation date
9/30/2015 7:03:27 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2003
Control Number
2003-302
Agenda Item Number
part of record
Entity Name
ORCA South Link LAAC
Stella A. Arendas
Subject
Site Option Agreement See Resolution 96-15
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3494
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up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the <br /> Property to the satisfaction of the County prior to the exercise of the option by Purchaser. <br /> 15 . RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this <br /> Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter <br /> the Property for all lawful purposes in connection with the this Agreement. With regard to any entry by <br /> Purchaser upon the Property prior to closing, Purchaser-- s liability to Seller or to any third party shall be <br /> subject to the limitations and conditions specified in section 768 . 28 , Florida Statutes. Seller shall deliver <br /> possession of the Property to the County at closing. <br /> 16 . ACCESS . Seller warrants that there is legal ingress and egress for the Property over public roads or <br /> valid, recorded easements that benefit the Property. <br /> 17 . DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to <br /> closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each <br /> without waiving any action for damages, or any other remedy permitted by law or in equity resulting from <br /> Seller's default. If Purchaser defaults under this Agreement, Seller may seek any remedy permitted by law or in <br /> equity resulting from Purchaser's default. In connection with any dispute arising out of this Agreement, <br /> including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and <br /> costs. <br /> 18 . BROKERS . Seller warrants that no persons, firms, corporations or other entities are entitled to a real <br /> estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately <br /> disclosed on the disclosure statement required in paragraph 9 . Seller shall indemnify and hold Purchaser <br /> harmless from any and all such claims, whether disclosed or undisclosed. <br /> 19 . RECORDING. This Agreement may not be recorded ; however, Purchaser may record reasonable <br /> notice of it in the appropriate county or counties. <br /> 20 . ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will <br /> provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior <br /> written consent of Purchaser. <br /> 21 . TIME. Time is of essence with regard to all dates or times set forth in this Agreement. <br /> 22 , SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be <br /> unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected . <br /> 23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal <br /> representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and <br /> Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. <br /> Whenever used, the singular shall include the plural and one gender shall include all genders. <br /> 24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties <br /> pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, <br /> representations and understandings of the parties. No supplement, modification or amendment to this <br /> Agreement shall be binding unless executed in writing by the parties. <br /> October 25 , 2001 <br /> Page 4 <br />
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