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Reso 2001-363
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Reso 2001-363
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Last modified
7/2/2024 3:37:36 PM
Creation date
1/25/2006 1:56:53 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2001-363
Date (mm/dd/yyyy)
09/13/2001
Description
– Purchase of Golden Strand Parking Lot on Tony Roma Site.
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<br />harmless from and against any claims, losses, liabilities or damages resulting from <br />such inspections and from and against any mechanic's liens or claims of lien resulting <br />therefrom. Such indemnification shall survive the Closing or earlier termination of <br />this Agreement. <br /> <br />c. Seller shall make available to Buyer no later than twenty (20) days following the <br />Effective Date of this Agreement, copies of all documents (other than appraisals) <br />which Seller may have in its possession pertaining to the Property including, but not <br />limited to, building plans, architectural plans, building permits, impact fee <br />assessments, notices of special assessments, notices of sewer fees and water fees, <br />unrecorded restrictive covenants, variance application/approvals, special exception <br />application! approvals, engineering plans, unrecorded developer agreements, <br />environmental reports, surveys and prior title insurance policies, title commitments, <br />and title exceptions pertaining thereto, if any. Buyer acknowledges that Seller has <br />informed Buyer that Seller has few, if any, of such documents. <br /> <br />d. Seller shall convey marketable title to the Property. Marketable Tide shall be <br />determined according to the Title Standards adopted by authority of the Florida Bar <br />and in accordance with law. Buyer shall have ten (10) days from the date of receiving <br />the Title Commitment to examine same. If title is found to have defects which <br />render tide unmarketable, Buyer shall notify Seller in writing within such ten-day <br />period of any such title defects which are objectionable to Buyer (the "Title <br />Objections"). Time is of the essence for Buyer to notify Seller of any Title <br />Objections and Buyer's failure to include any such tide defect in such a timely notice <br />shall constitute a waiver by Buyer of its right to object to such defect. The Buyer's <br />notice of Tide Objections shall include a statement of how the defects should be <br />cured. Seller shall have until the Closing Date to remove all Title Objections. If any <br />Tide Objections are not removed on or prior to the Closing Date, Buyer shall have <br />the option of either accepting title in its existing condition without any reduction of <br />the Purchase Price, or of terminating this Agreement by delivering to Seller a written <br />notice of termination at the Closing. Upon such a termination of this Agreement, <br />neither Buyer nor Seller shall have further rights or obligations hereunder except for <br />those that expressly survive termination of this Agreement except that the Escrow <br />Funds shall be refunded to Buyer under these circumstances, provided that Buyer <br />had timely exercised the Option in the manner required under this Agreement. Seller <br />agrees that if title is found to be unmarketable, Seller will use diligent efforts to <br />correct all Title Objections that are timely objected to by Buyer, within the time <br />provided therefore, and subject to the limitations that Seller shall not be required to <br />bring any action or proceeding or to incur any expenses in excess of five percent <br />(5%) of the Purchase Price in the aggregate to cure any such Title Objections. <br /> <br />e. Buyer may obtain at its expense a survey (the "Survey") of the Property showing all <br />improvements thereon prepared by a land surveyor or engineer registered and <br />licensed in the State of Florida. The Survey shall show the legal description of the <br />Property to be the same described in Contract for Sale and Purchase. The Buyer may <br />require any reasonable revisions to the legal description, but Seller shall not be <br />required to convey any lands other than the legal description of the Property set forth <br />in Standard Contract for Sale and Purchase. Any objections must be delivered to <br /> <br />Golden Strand lnt'l Parking Lot <br />Contract Second ,-\ddendum 9/13/014:29 Pl\1 <br /> <br />2 <br />
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