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2008-076
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2008-076
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Last modified
3/24/2016 1:34:56 PM
Creation date
10/1/2015 12:00:59 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/04/2008
Control Number
2008-076
Agenda Item Number
9.A.1
Entity Name
Richard Jones and Mary Jones
Subject
Jones Pier site;County Environmental Lands Program
Area
Jones Pier
Supplemental fields
SmeadsoftID
6923
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� t <br /> 6 . TITLE INSURANCE . Seller shall , at its sole cost and expense and at least 35 days <br /> prior to the Option Expiration Date , furnish to Purchaser a marketable title insurance <br /> commitment, together with copies of all instruments described in Schedule B of the <br /> Commitment, and , upon closing , an owner's marketable title insurance policy (ALTA Form <br /> " B") from a title insurance company, approved by the Purchaser, insuring marketable title of <br /> the Purchaser in and to the Property in the amount of the Purchase Price . The Title Agent <br /> shall be Robert D. Schwartz, P .A. , whose address is 2240 Woolbright Rd . , Suite 411 , <br /> Boynton Beach , Florida , 33426 and whose phone number is (561 ) 367-0354 and whose fax <br /> number is (561 ) 736-4808 . Seller shall require that the title insurer delete the standard <br /> exceptions of such policy referring to : (a) all taxes, (b) unrecorded rights or claims of parties <br /> in possession , (c) survey matters , (d ) unrecorded easements or claims of easements , and <br /> (e) unrecorded mechanics' liens. <br /> 7 . TITLE DEFECTS . If the title insurance commitment or Survey furnished to <br /> Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable <br /> to Purchaser (herein "Title Defects") , Seller shall remove such defects in title within 90 days <br /> after notice from Purchaser ("Cure Period") . Seller agrees to use diligent efforts to correct <br /> the Title Defects within the Cure Period ; however, Seller shall not be obligated to bring suit to <br /> cure such defects . Purchaser and Seller acknowledge and agree that the Option Expiration <br /> Date , or, if applicable , the closing date shall be extended for the duration of the Cure Period . <br /> If Seller is unsuccessful in removing the Title Defects within the Cure Period , or if Seller fails <br /> to make a diligent effort to correct the Title Defects , Purchaser shall have the option to <br /> either: (a) accept the title as it then is with no reduction in the Purchase Price ; (b) extend the <br /> amount of time that Seller has to cure the Title Defects ; or (c) terminate this Agreement, <br /> thereupon releasing Purchaser and Seller from all further obligations under this Agreement. <br /> 8 . INTEREST CONVEYED. At closing , Seller shall execute and deliver to Purchaser a <br /> statutory warranty deed in accordance with Section 689 . 02 , Florida Statutes, conveying <br /> marketable title to the Property in fee simple free and clear of all liens , reservations , <br /> restrictions , easements, leases , tenancies and other encumbrances , except for those that <br /> are acceptable encumbrances in the opinion of Purchaser and do not impair the <br /> marketability of the title to the Property, nor the management of the Property under <br /> Purchaser' s environmentally sensitive lands acquisition program . The grantee in Seller's <br /> statutory warranty deed shall be Indian River County, a political subdivision of the State of <br /> Florida . <br /> 9 . PREPARATION OF CLOSING DOCUMENTS . The Title Agent shall prepare the <br /> deed described in paragraph 8 of this Agreement; Seller's and Purchaser's closing <br /> statement; the title, possession and lien affidavit certified to Purchaser and title insurer in <br /> accordance with Section 627 . 7842 , Florida Statutes; an environmental affidavit; and any <br /> other customary closing documents, all on forms approved by Purchaser ("Closing <br /> Documents") . All prepared Closing Documents shall be submitted to Purchaser for review <br /> and approval at least ten ( 10) days prior to closing . Purchaser will approve or reject the <br /> Closing Documents five (5) days after receipt by Purchaser. Seller will have three (3) days <br /> thereafter to revise and resubmit any rejected Closing Document to Purchaser. In the event <br /> Seller fails to timely deliver any Closing Document, or Purchaser rejects any Closing <br />
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