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Reso 2012-1901
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Reso 2012-1901
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Last modified
5/4/2012 1:12:25 PM
Creation date
4/24/2012 4:09:52 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1901
Date (mm/dd/yyyy)
04/19/2012
Description
1st Amd to Purchase Agmt w/Dezer Dev. for Property at 18080 Collins Ave
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<br />"\ <br />} <br /> <br />'J <br /> <br />accordance with the minimum technical standards imposed by the Florida Board of Land Surveyors and <br /> <br />signed under seal, which survey shall be certified to Buyers and the Title Company ("Survey"). If <br /> <br />obtained by Buyers, the Survey shall be considered as a part of the Title Evidence. <br /> <br />(c) Buyers shall review the Title Evidence and shall, within ten (10) days following' <br /> <br />receipt of the Title Evidence, notify Seller in writing ("Title Objection Notice") of any matters in the <br /> <br />Title Evidence or Survey adversely affecting the marketability (as determined by the standards adopted <br /> <br /> <br />by the Florida Bar) of title to the Property or affecting the ability of the Buyers to facilitate the <br /> <br />development of the Project ("Title Defects"). Upon receipt of the Title Objection Notice, Seller shall <br /> <br />use its good faith efforts to cure such Title Defects. In the event that Seller is unable to cure the Title <br /> <br />Defects within fifteen (15) days of the Title Objection Notice ("Title Cure Period") after good faith <br /> <br />efforts to do so, Seller shall notify Buyers in writing as to which Title Defects remain uncured on or <br /> <br />before the end of the Title Cure Period and Buyers, at Buyers' option, may: (i) elect to accept title to the <br /> <br />Property subject to the Title Defects without any adjustment to the Purchase Price (in which event the <br /> <br />remaining Title Defects shall be deemed Acceptable Exceptions); (ii) terminate this Agreement by <br /> <br />written notice thereof to Seller, whereupon this Agreement shall be terminated, and both parties shall <br /> <br />thereafter be released from all further obligations hereunder and the full Deposit shall be returned to <br /> <br /> <br />Buyer; or (iii) elect to extend the Title Cure Period for an additional 15 days (not to exceed forty-five <br /> <br />(45) days), and if upon the expiration of such period Seller shall not have cured the Title Defects, Buyers <br /> <br />shall have the options set forth in (i) or (ii) above. During the period described in (iii) above, Buyers <br /> <br />shall have the right, at their sole election, to attempt to cure the Title Defects at their sole expense. The <br /> <br />Closing Date shall be extended to the extent necessary to permit Seller the opportunity to cure any Title <br /> <br />Defects. At Closing, Seller shall provide Buyers with a gap affidavit in form reasonably acceptable to <br /> <br />the Title Company to permit the Title Company to insure against adverse matters first appearing in the <br /> <br />'::;': :'''"'' 00 , d", "b"q,ool '" tlw ,ff"ti~ """ om, C_itmoot "d prio< to ~~,O~ <br />
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