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<br />- <br /> <br />In the event fee title to the Property is acquired between November 2 and <br />December 31, Seller, at least five (5) business days prior to Closing, shall notify the Property <br />Appraiser's Office ("Appraiser's Office") of the impending closing date and provide the <br />Appraisers Office with the legal description, address, folio number and any other relevant <br />property information in order to obtain from the Appraiser's Office a final tax payoff, which will <br />be collected at closing. There shall be no proration of taxes and the Purchaser shall be exempt <br />from the payment of taxes effective on the day of closing. In the event any other expenses <br />pertaining to the Property are not known at Closing, then such expenses shall be prorated based <br />on an estimate and the parties will reprorate same upon receipt of the actual bill for such <br />expenses. In the event there is any recoupment or other consideration payable to applicable <br />governmental authorities as the result of any change of the use of the Property, then Seller shall <br />satisfy such obligation at Closing. <br /> <br />The provisions of this Paragraph 8 shall survive Closing. <br /> <br />9. Closing Costs. The parties shall bear the following costs: <br /> <br />(a) Purchaser shall be responsible for (i) the recording cost of the Deed, <br />(ii) the cost of the Survey (if obtained by Purchaser), '(iii) the cost of the Commitment and the <br />premium for the Title Policy obtained by Purchaser (except that Seller shall reimburse Purchaser <br />at Closing for the title underwriter's actual cost of the title search fee for the issuance of the <br />Commitment, up to a maximum of FIVE HUNDRED DOLLARS ($500)), and (iv) documentary <br />stamps, taxes, surtaxes and other transfer charges in connection with the recordation of the Deed. <br /> <br />(b) Seller shall be responsible for payment of costs of curing any Title Defects <br />and the recording costs in connection with any curative instruments relating to same, and the <br />Commission (hereinafter defined). <br /> <br />(c) Each party shall be responsible for payment of its own legal fees. <br /> <br />10. Closing. It is mutually understood that the execution of this Purchase Agreement <br />by Seller constitutes conditional acceptance and is subject to final acceptance and approval by <br />the City Commission of the City of Sunny Isles Beach pursuant to the necessary vote at a duly <br />called Commission meeting. The City Commission shall consider this Agreement for approval <br />on July 16, 2009. The Closing shall be held at the office of the City of Sunny Isles Beach City <br />Attorney's Office, located at 18070 Collins Avenue, Fourth Floor, Sunny Isles Beach, Florida <br />33160, with Closing to occur no later than August 5, 2009 following City Commission <br />acceptance and approval at a duly called Commission meeting. <br /> <br />At Closing, the following shall occur: <br /> <br />(a) Seller shall execute and deliver to Purchaser the following documents with <br />respect to the Property: <br /> <br />(i) A statutory warranty deed ("Deed") subject only to the Acceptable <br />Exceptions; <br /> <br />7 <br /> <br />/t,.1<.. <br />~ <br />