Reso 2015-2446 - Laserfiche WebLink

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(b) Seller shall be responsible for payment of costs of curing any Title Defects and the recording costs in connection with any curative instruments relating to same; and (c) Each party shall be responsible for payment of its own legal fees. 13. Closing. It is mutually understood that the execution of this Purchase Agreement by Seller constitutes conditional acceptance and is subject to final acceptance and approval by the City Commission of the City of Sunny Isles Beach of a site plan application for the Project. The Closing shall be held no later than thirty (30) days from Final Site Plan Approval. The Closing shall be effected in the form of a so-called "mail-away" closing, it being understood that neither Seller nor Purchaser nor their respective counsel need be physically present at Closing so long as all documents that are required to be delivered at Closing or fully executed, delivered in escrow to Escrow Agent and available on the date of Closing, and an authorized signatory of the affected party is available either in person or by telephone and facsimile at Closing. At Closing, the following shall occur: (a) Seller shall execute and deliver to Purchaser the following documents with respect to the Property: (i) A statutory warranty deed ("Deed") subject only to the Acceptable Exceptions; (ii) A customary construction lien affidavit; (iii) A non-foreign affidavit in a form reasonably acceptable to Purchaser; (iv) Appropriate assignments or bills of sale transferring to Purchaser all personal property or property rights including, but not limited to, the Documents contemplated by this Agreement or reasonably requested by Purchaser in forms reasonably acceptable to Purchaser, free and clear of all liens, claims or encumbrances; (v) If applicable, appropriate evidence of Seller's formation, existence and authority to sell and convey the Property; (vi) Affidavit from Seller disclosing each person having a legal or beneficial interest in Seller, and in any entity comprising Seller, in compliance with Section 286.23, Florida Statutes, as it may be amended from time to time;and (vii) Such other documents that the Title Company may reasonably require in connection with the issuance of the Title Policy to Purchaser and the delivery of good and marketable title to the Property from Seller to Purchaser as provided in this Agreement, including, but not limited to, an appropriate "gap" affidavit in order to delete the "gap" exception and such affidavits required for deletion of the matters of survey, unrecorded easements, parties in possession and construction lien exceptions otherwise appearing on the Title Policy. 9