Reso 2023-3589 - Laserfiche WebLink

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(C) The following items shall be prorated between Seller and Purchaser as of midnight of the day prior to Closing and shall be reflected on the Closing Statement 1. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. If the Purchaser acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the Miami -Dade Tax Collector's Office, an amount equal to the current taxes prorated to the date of transfer, based upon the. current assessment and millage rates on the Property. In the event the Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the Miami -Dade Tax Collector's Office. 2. Utility charges, if any, and any other operating or maintenance expenses associated with the operation and upkeep of the Property. 10. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of Closing and warrants that the Property shall be transferred and conveyed to Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted, and Seller shall prevent and refrain from any use of the Property for any purpose or in any manner that would diminish its market or conservation value. Seller will maintain the landscaping and grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property. The Seller shall not transfer or encumber any interest in the Property prior to Closing. If the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, however, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Subject to anything disclosed by the Survey, Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller warrants that there are no facts known to Seller materially affecting the value of the Property that are not readily observable by Purchaser or that have not been disclosed to Purchaser. 11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to Purchaser at Closing. 12. DEFAULT. (A) If Seller defaults under this Agreement, Purchaser may waive the default and proceed to Closing, seek specific performance, or refuse to close and elect to receive the return of any deposit money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. 7 _ClP rchaser _�L Seller 235