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Reso 2007-1172
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Reso 2007-1172
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Last modified
7/1/2010 9:42:21 AM
Creation date
11/20/2007 1:28:49 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1172
Date (mm/dd/yyyy)
11/15/2007
Description
Property Purchase Option Agreement w-Avila Condo (175 Street & Collins Ave)
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<br />15. Closing Costs, Taxes, Prorations and Impact Fees. <br /> <br />15.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida <br />Statutes, with respect to the payment of prorated and ad valorem taxes for the year of closing into <br />escrow with the Miami-Dade County Revenue Collector. <br /> <br />15.2 Seller's Closing Costs. Seller shall pay for the following items prior to or <br />at the time of Closing: <br /> <br />Cost of providing marketable title as provided herein. <br /> <br />15.3 Buyer's Closing Costs. Buyer shall pay for the following items prior to or <br />at the time of Closing: <br /> <br />Recording of Deed; title insurance premium and title search and <br />examination costs; survey costs, appraisal costs, costs of the Phase I <br />Environmental Assessment Report and other inspections performed <br />pursuant to this Agreement and related expenses and all costs and <br />expenses of any financing of Buyer's acquisition of the Property <br />contemplated hereby; documentary stamps on the Special Warranty <br />Deed and any all surtax imposed by Miami-Dade County with respect <br />to the Special Warranty Deed. <br /> <br />16. Possession. Buyer shall be granted full possession of the Property at Closing. <br /> <br />17. Condemnation. In the event of the institution of any proceeding by any <br />Governmental Authority other than Buyer (which hereby agrees not to institute such a <br />proceeding) for the proposed taking of any material portion of the Property by eminent domain <br />prior to Closing, or in the event of the taking of any material portion of the Property by eminent <br />domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within <br />fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this <br />Agreement, whereupon Seller and Buyer shall be released of all further responsibility and <br />obligations hereunder other than those that expressly survive termination of this Agreement; or <br />(2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of <br />a proposed condemnation within five (5) business days after Seller's receipt of notification. <br />Should buyer terminate this Agreement, the parties hereto shall be released from their respective <br />obligations and liability hereunder other than those that expressly survive termination of this <br />Agreement and Buyer shall receive a return of the Escrow Funds provided that Buyer had timely <br />exercised the Option in the manner required under this Agreement. Should Buyer elect not to <br />terminate this Agreement, the parties hereto shall proceed to Closing and Seller shall assign all of <br />its rights, title and interest in all awards in cOlmection with such taking to Buyer. <br /> <br />18. Notice. Notices shall be in writing delivered by hand, or by certified mail, return <br />receipt requested, or overnight delivery by nationally recognized service, to the addressee at the <br />address set forth herein, and shall be deemed to have been delivered on the date of receipt of <br />such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is <br />signed or refused, by the addressee or its unauthorized agent or employee, or if an overnight <br />nationally recognized delivery service, on the business day immediately following delivery to <br /> <br />Option Agreement for A vila Condo. Assn. Property 13 <br />
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