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Reso 2008-1328
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Reso 2008-1328
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Last modified
7/1/2010 9:42:49 AM
Creation date
1/7/2009 4:08:40 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
R2008-1328
Date (mm/dd/yyyy)
09/18/2008
Description
Avila Option Agrmt Amendment ($2,200,000)
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<br />.... <br /> <br />19.10 Acceptance of Deed. The acceptance of the Deed to Buyer shall be <br />deemed full performance and discharge of every agreement and obligation on the part of Seller <br />to be performed pursuant to this Agreement, except those which are specifically stated to survive <br />delivery of the Deed and closing. <br /> <br />19.11 Interpretation. Should any term or provision of this Agreement be subject <br />to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing <br />the same shall not apply a presumption that the term or provision shall be more strictly construed <br />against the party who itself or through its agents and attorneys of each party have participated in <br />the preparation of the terms and provisions of this Agreement and that all terms and provisions <br />have been negotiated. <br /> <br />19.12 Caption, Headings, Etc. Captions, heading, section and subsection <br />numbers in this Agreement are for convenience and reference only, and shall have no effect upon <br />the meaning of any of the terms or provision herein. <br /> <br />19.13 Waiver. Failure of either party to insist upon compliance with any term or <br />provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of <br />this Agreement shall be effective unless it is in writing and signed by the party against whom it is <br />asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the <br />specific term or provision and instance to which it is related, and shall not be deemed to be a <br />continuing or future waiver as to such term or provision or as to any other term or provision. <br /> <br />19 .14 No Third Party Beneficiary. The terms and provisions of this Agreement <br />are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and <br />this Agreement shall not be deemed to have conferred any rights, expressed or implied, upon any <br />third party. <br /> <br />19.15 Assignment. No assignment by Buyer of this Agreement or any of its <br />rights hereunder shall release Buyer from any of its obligations or liabilities hereunder. <br /> <br />19.16. Radon Disclosure. Buyer is hereby advised that radon is a naturally <br />occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may <br />present health risks to persons who are exposed to it over time. Levels of radon that exceed <br />federal and state guidelines have been found in buildings in Florida. Additional information <br />regarding radon and radon testing may be obtained from your county public health unit. The <br />foregoing disclosure is provided to comply with state law and is for informational purposes only. <br /> <br />{Signatures on Followin1! Pa1!el <br /> <br />Option Agreement for A vila Condo. Assn. Property <br /> <br />16 <br /> <br />.)' <br />I <br />
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