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Reso 2003-534
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Reso 2003-534
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Last modified
7/1/2010 9:41:01 AM
Creation date
1/25/2006 1:57:17 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2003-534
Date (mm/dd/yyyy)
04/08/2003
Description
– Sale of City-Owned Property @ 393-401 Sunny Isles Blvd to FPL.
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<br />to make title to the Property such as required by the terms of this Agreement, then Buyer shall <br /> <br /> <br />have the right to (i) rescind this transaction, and procure the return of its Deposit, in which event <br /> <br /> <br />Buyer and Seller shall be released of any other or further obligation against the other by reason <br /> <br /> <br />of makirlg this Agreement, or (ii) elect to accept title to the Property in its existing condition. <br />10. Leases. <br /> <br />The Seller represents there are no leases, permits, or licenses of any type on the Property <br />which are in full force and effect except as may be attached as Exhibit "B" hereto. The Seller <br />shall furnish copies of any and all written leases that affect the Property to Buyer within fifteen <br />(15) days of the Effective Date. If there are any persons in possession without written leases, <br />estoppel letters from such persons specifying the nature and duration of the occupancy shall be <br />furnished to the Buyer by Seller prior to the expiration of the Investigation Period as defined <br />herein. Once Buyer has received and reviewed any and all leases, affecting the Property, Buyer <br />has the right, in its sole discretion, to terminate this Agreement and all Deposits shall be returned <br />to Buyer, in the event the terms of any such lease are unacceptable to Buyer. <br /> <br />11. Remedies on Default of Buyer. <br />If Buyer fails to close, and the Sellet: is not in default hereunder, and title is as required <br /> <br /> <br />under this Agreement, this Agreement and all rights and obligations of the parties hereunder <br /> <br /> <br />shall terminate and Seller shall retain the entire Deposit made by Buyer, as liquidated and agreed <br /> <br /> <br />upon damages as its sole aI\d exclusive remedy, and thereafter, the parties hereto shall be <br /> <br />released from all obligations hereunder. The parties hereby agree that the damages which Seller <br /> <br />would sustain by reason of Buyer's breach are beyond calculation and not subject to <br /> <br />determination and the Deposit is agreed by the parties to be a reasonable measure of damages in <br /> <br />the event of Buyer's breach. <br /> <br />6 <br />
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