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2006-244
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2006-244
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Last modified
8/22/2016 4:58:40 PM
Creation date
9/30/2015 9:51:32 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
07/11/2006
Control Number
2006-244
Agenda Item Number
9.A.1.
Entity Name
Viola S. Judah, Diane W.Lloyd, Burney Carter, Esq., Heather Upto
Subject
Burney J. Carter,Esq.(Gdn.ad Litem)Heather Evelyn Upton
amendment to option agreement for sale and purchase
Supplemental fields
SmeadsoftID
5719
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statement as required by Sections 286 . 23 , and 380 .08(2), Florida Statutes. "eIS ler or his title agent shall <br /> prepare the deed described in paragraph 8 of this Agreement; Seller's and Purchaser' s closing statement; <br /> the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section <br /> 627 .7842, Florida Statutes; and, an environmental affidavit on forms provided by the County. All <br /> prepared documents shall be submitted to the County for review and approval at least 30 days prior to the <br /> Option Expiration Date. <br /> 10 . PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to <br /> be provided by Seller under this Agreement within 15 days after receipt by Purchaser of all of the <br /> required items . Seller will have 15 days thereafter to cure and resubmit any rejected item to Purchaser. <br /> In the event Seller fails to timely deliver any item, or Purchaser rejects any item after delivery, Purchaser <br /> may in its discretion extend the Option Expiration Date accordingly. <br /> 11 . EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes or costs <br /> associated with the conveyance, including the cost of recording the deeds described in paragraph 8 of this <br /> Agreement and any other recordable instruments which Purchaser deems necessary to assure good and <br /> marketable title to the Property. . <br /> 12 . TAXES AND ASSESSMENTS . All real estate taxes and assessments which are or which may <br /> become a lien against the Property shall be satisfied of record by Seller at closing. In the event Purchaser <br /> acquires fee title to the Property between January 1 and November 1 , Seller shall, in accordance with <br /> Section 196 . 295 , Florida Statutes, place in escrow with the County tax collector an amount equal to the <br /> current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the <br /> Property. In the event Purchaser acquires fee title to the Property on or after November 1 , Seller shall pay <br /> to the county tax collector an amount equal to the taxes that are determined to be legally due and payable <br /> by the county tax collector. <br /> 13 . CLOSING PLACE AND DATE. The closing shall be on or before 30 days after the option is <br /> exercised; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, <br /> environmental site assessment, or any other documents required to be provided or completed and <br /> executed by Seller, the closing shall occur either on the original closing date or within 30 days after <br /> receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall <br /> be set by County in Vero Beach, Florida, after consultation with Seller. The parties agree that a closing as <br /> early as reasonably possible is the intention of Seller and Purchaser. <br /> 14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or <br /> damage to the Property and improvement thereon prior to the date of closing and warrants that the <br /> Property and improvements thereon shall be transferred and conveyed to the Purchaser in the same or <br /> essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and <br /> tear excepted. However, in the event the condition of the Property is altered by an act of God or other <br /> natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this <br /> Agreement and neither party shall have any further obligations under this Agreement. Seller represents <br /> and warrants that there are no parties other than Seller in occupancy or possession of any part of the <br /> Property or improvements thereon. Seller agrees to clean up and remove all abandoned personal <br /> property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of the <br /> 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 <br /> 2/17/06 <br /> Page 5 <br /> 274 <br />
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