Reso 2004-681 - Laserfiche WebLink

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harmless from any actions or claims filed against the City as a result or arising from the approval of the Casino Property or the transfer of the development rights to the TDR Bank, including, without limitation, providing an executed environmental indemnity and hold harmless agreement in a form and substance reasonably acceptable to the City Attorney and substantially in the form attached hereto as Attachment "B"; (2) Applicant shall deliver to the City good, marketable and insurable title, free and clear of all liens and encumbrances, and an acceptable title policy including, without limitation, deleting from Schedule B, Section 1 of said title policy items 3(a) and 5 through 11 of the Commitment For Title Insurance #50117409ICA issued by Commonwealth Land Title Insurance Company, unless any of the items are waived in writing by the City Attorney and the City Manager; (3); The General Warranty Deed conveying the Casino Property to the City shall be recorded in the Public Records of Miami-Dade County, Florida, prior to the transfer of development rights from the Casino Property to the TDR Bank which transfer shall occur immediately thereafter; and subject to compliance with the following closing procedures: (a) closing shall occur on or before 30 days from June 3, 2004, unless otherwise extended by the City Attorney; (b) prior to closing, Applicant shall submit an up to date survey of the Casino Property certified to the City dated subsequent to June 3, 2004, which shall be further updated, if necessary so that the City shall have a certified survey dated no later than 30 days prior to the recording of the Deed; encroachments, or easements on the Casino Property disclosed by the survey shall constitute title defects unless waived by the City Attorney; (c) Applicant shall provide: certification from City that no outstanding code violations or open permits exist in connection with the Casino Property (other than for demolition of the existing structures on the Casino Property); a Certificate of Resolutions and Agreements from Miami-Dade County; applicable corporate documents as required by, and in a form satisfactory to, the City Attorney; a statement as to any unrecorded obligations or easements; an executed No Lien Affidavit and a Non-Foreign Affidavit; and any other documents reasonably necessary or advisable to comply with existing statutory and code provisions; evidence that taxes, assessments, water and sewer charges, waste fee and fire protection charges, if applicable, have been paid in full to the date of the closing, or provision for sufficient escrow to assure payment thereof when due; (d) Applicant shall prepare and provide all closing documents, in a form acceptable to the City Attorney; and (4) After closing, Applicant shall deliver to City the Title Insurance Policy insuring, at minimum, that amount of the value reflected by the Miami-Dade County Property Appraiser's Office for tax purposes; (5) Execution by Applicant and City of any other documents as deemed reasonably appropriate by the City Attorney or the Applicant in order to effectuate the transfer of the Casino Property to the City and for the City to evidence the transfer of the above-noted TDR's to the Applicant's account in the TDR Bank. Any disagreement between the parties regarding the reasonableness of the request for such documents shall be determined by the City Casino - Conveyance Of 17200 Collins 4