Reso 2009-1452 - Laserfiche WebLink

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8. Prorations. Real estate taxes, personal property taxes, assessments and all items of income and expense regarding the Property shall be prorated as of the date of Closing; provided, however, that assessment lien(s) which had been certified as of the date of Closing, and pending liens where the improvements have been substantially completed, shall be satisfied by Seller, in full, at Closing. In the event that the tax bill for the year of Closing is not available, Seller shall comply with Section] 96.295, Florida Statutes. Under this Section, in the event fee title to the Property is acquired between January], and November I of any year by Purchaser, Seller shall be required to place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer of title, based upon the current assessment and millage rates on the land involved. This fund shall be used to pay any ad valorem taxes due, and the remainder of taxes which would otherwise have been due for that current year shall stand cancelled. In the event fee title to the Property is acquired between November 2 and December 3], Seller, at least five (5) business days prior to Closing, shall notify the Property Appraiser's Office ("Appraiser's Office") of the impending closing date and provide the Appraisers Office with the legal description, address, folio number and any other relevant property information in order to obtain from the Appraiser's Office a final tax payoff, which will be collected at closing. There shall be no proration of taxes and the Purchaser shall be exempt from the payment of taxes effective on the day of closing. In the event any other expenses pertaining to the Property are not known at Closing, then such expenses shall be prorated based on an estimate and the parties will reprorate same upon receipt of the actual bill for such expenses. In the event there is any recoupment or other consideration payable to applicable governmental authorities as the result of any change of the use by Seller of the Property prior to closing, then Seller shall satisfy such obligation at Closing. The provisions of this Paragraph 8 shall survive Closing. 9. Closing Costs. The parties shall bear the following costs: (a) Purchaser shall be responsible for (i) the recording cost of the Deed, (ii) the cost of the Survey (if obtained by Purchaser), (iii) the cost of the Commitment and the premium for the Title Policy obtained by Purchaser (except that Seller shall reimburse Purchaser at Closing for the title underwriter's actual cost of the title search fee for the issuance of the Commitment, up to a maximum of FIVE HUNDRED DOLLARS ($500)), and (iv) documentary stamps, taxes, surtaxes and other transfer charges in connection with the recordation of the Deed. (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 the Commission (hereinafter defined). (c) Each party shall be responsible for payment of its own legal fees. ] O. 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 pursuant to the necessary vote at a duly called Commission meeting scheduled for July ] 6, 2009. Notice of final City Commission 7 cAk{9A