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<br />November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in
<br />escrow with the county tax collector an amount equal to the current taxes prorated to the
<br />date of transfer, based upon the current assessment and millage rates on the Property. In
<br />the event Purchaser acquires fee title to the Property on or after November 1, Seller shall
<br />pay to the county tax collector an amount equal to the taxes that are determined to be legally
<br />due and payable by the county tax collector.
<br />13. CLOSING PLACE AND DATE. The closing shall be on or before 30 days after the
<br />option is exercised; provided, however, that if a defect exists in the title to the Property, title
<br />commitment, Survey, environmental site assessment, or any other documents required to be
<br />provided or completed and executed by Seller, the closing shall occur either on the original
<br />closing date or within 30 days after receipt of documentation curing the defects, whichever is
<br />later. The closing will be held in Vero Beach, Florida, at the office of the County Attorney,
<br />the title insurer, or by mail, on the date and at the time agreed to by the parties. The parties
<br />agree that a closing as 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
<br />loss or damage to the Property prior to the date of closing and warrants that the Property
<br />shall be transferred and conveyed to the Purchaser in the same or essentially the same
<br />condition as of the date of Seller's execution of this Agreement, ordinary wear and tear
<br />excepted. However, in the event the condition of the Property is altered by an act of God or
<br />other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to
<br />terminate this Agreement and neither party shall have any further obligations under this
<br />Agreement. Seller agrees to clean up and remove all abandoned personal property, refuse,
<br />garbage, junk, rubbish, trash and debris from the Property, exclusive of the homestead area
<br />described in the Caretaker Agreement, to the satisfaction of Purchaser prior to the Closing;
<br />provided, however, that Seller acknowledges and agrees that the homestead area described
<br />in the Caretaker Agreement must be maintained in accordance with applicable provisions of
<br />the Indian River County Code.
<br />15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the
<br />date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable
<br />notice, shall have the right to enter the Property for all lawful purposes in connection with the
<br />this Agreement. With regard to any entry by Purchaser upon the Property prior to closing,
<br />Purchaser's liability to Seller or to any third party shall be subject to the limitations and
<br />conditions specified in section 768.28, Florida Statutes. Seller shall deliver possession of
<br />the Property to Indian River County as Purchaser at closing subject to the terms and
<br />conditions of the Caretaker Agreement and if purchased prior to January 9, 2008, to the
<br />Kennedy Lease. Upon the termination of the Kennedy Lease or in accordance with the
<br />terms of the Palm Agreement, as applicable, the palm trees must be removed by Kennedy
<br />on or before December 31, 2008, provided, however, that such removal shall only be made
<br />pursuant to the Palm Agreement; in the event the palm trees are not so removed, ownership
<br />of the palm trees shall automatically revert to Indian River County. Upon expiration of the
<br />Palm Agreement, the County will control the area that was subject to the Palm Agreement
<br />and the County shall have the ability to begin management and restoration activities on that
<br />portion of the Jones Pier Property. The County is required to be able to open that portion of
<br />the Property to the public after a five-year period. Asset forth in the Caretaker Agreement,
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