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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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