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Reso 2008-1241
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Reso 2008-1241
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Last modified
8/4/2010 10:53:23 AM
Creation date
6/10/2008 9:50:40 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2008-1241
Date (mm/dd/yyyy)
03/20/2008
Description
Option Agmt w/St. Tropez Purchase & Sale of Property on Sunny Isles Blvd ($1,558,419.78)
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<br />,-- <br /> <br />not disclose any such Confidential Information to any person or entity, except that Buyer may <br />disclose the Confidential Information (i) as and to the extent required by applicable law, <br />regulation or legal process and (ii) to Buyer's directors, officers, employees, agents, attomeys <br />and consultants (collectively, the "Representatives") who need to know the Confidential <br />Information for the purpose of evaluating the potential purchase of the Property by Buyer. Buyer <br />agrees that the Confidential Infonnation will be used solely for the purpose of evaluating the <br />potential purchase of the Property by Buyer. <br /> <br />5. Evidence ofTitlc. <br /> <br />5.1 Delivery of Title Commitment. Within thirty (30) calendar days of the <br />Effective Date, and subsequent to receipt of a copy of the prior deed to the Property in Seller's <br />possession more particularly described bclow in this Paragraph, Buyer shall obtain a Title <br />Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's <br />attomey within three (3) days of receipt. Within five (5) business days of execution of this <br />Agreement by Seller, Seller shall be obligated to provide to Buyer a copy of the deed in its <br />possession that conveyed title to the subject real property to Scllcr. <br /> <br />5.2 Marketable Title. Seller shall convey marketable title to the Property, <br />subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title <br />Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have <br />fifteen (15) days from the date of receiving the Title Commitment to examine same. If title is <br />found to havc dcfccts which rcnder title unmarketablc, Buycr shall notifY Scllcr in writing within <br />such fifteen-day 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 Objections and <br />Buyer's failure to include any such title defect in such a timely notice shall constitute a waiver <br />by Buyer of its right to object to such defect, which shall thereafter be deemed a Permitted <br />Exception for all purposes hereunder. The Buyer's notice of Title Objections shall include a <br />statement of how the defects should be cured. Seller has until the Closing Date to remove all <br />Title Objections. If any Title Objections are not removed on or prior to the Closing Date, Buyer <br />shall have 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 notice of <br />termination at the Closing. Upon such a tennination of this Agreement, neither Buyer nor Seller <br />shall have further rights or obligations hereunder except for those that expressly survive <br />termination of this Agreement except that the Escrow Funds shall be refunded to Buyer under <br />these circumstances, provided that Buyer had timely exercised the Option in the manner required <br />under this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use <br />diligent efforts to correct all Title Objections that are timely objected to by Buyer, within the <br />time provided therefore, and subject to the limitations that Seller shall not be required to bring <br />any action or proceeding or to incur any expense in excess of five percent (5%) of the Purchase <br />Price in the aggregate to cure any such Title Objections. <br /> <br />6. Survey, Within the time period set forth in Section 5.1 to obtain a Title <br />Commitment, Buyer may obtain at its expense a survey (the "Survey") of the Property showing <br />all improvements thereon prepared by a land surveyor or engineer registered and licensed in the <br />State of Florida. The Survey shall show the legal description of the Property to be the same as <br />Exhibit "A" attached hereto, The Buyer may require any reasonable revision to the legal <br /> <br />Option Agreement for Milton Property on Sunny Isles Blvd 7 <br /> <br />~ <br />
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