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06-1651 Sale of Real Estate to Unicorp National Developments, Inc.
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06-1651 Sale of Real Estate to Unicorp National Developments, Inc.
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4/5/2007 9:21:26 AM
Creation date
4/5/2007 9:18:57 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
2/27/2006
Doc Number
06-1651
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<br />governmental bodies or agencies, or Buyer in its sole discretion determines during the <br />Inspection Period described in paragraph 13(d) that the property is not suitable for Buyer's <br />intended purpose, for any reason whatsoever, Buyer shall be relieved from the obligations <br />of this Contract and receive back the deposit(s) referred to in Paragraph 1 above. The <br />following are specific conditions and contingencies that must be met or waived by Buyer, <br />before Buyer is obligated to proceed to close. Buyer will expend reasonable sums and its <br />best efforts to satisfy such conditions and contingencies at Buyer's expense. <br /> <br />a. The property is zoned "PMX-H" with a Community Redevelopment District <br />overlay in the City of Casselberry and will allow Buyer to develop the property for the <br />intended purpose and be without restrictions or prohibitions imposed by governmental <br />authority which would prohibit its use for the intended purpose. <br /> <br />b. Receive site plan approval/permits from all necessary governmental <br />authorities for the property to be developed immediately after closing for the intended <br />purpose. <br /> <br />c. Buyer shall have reasonable access to the property at all times, prior to the <br />expiration of the inspection period, for the purposes of making soil and subsoil tests, <br />drainage test, preparation of site plans and other appropriate inspections, which must meet <br />Buyer's reasonable approval with gross easements as required. Buyer will not <br />indiscriminately destroy trees. Buyer agrees to contact Seller prior to doing any on site <br />work or inspections, so as not to disturb the existing vegetation. Buyer will indemnify and <br />hold Seller harmless from losses, damages, costs, claims and expenses of any nature, <br />including attorneys' fees, and liability to any person, arising from the conduct of any and all <br />inspections or any work authorized by Buyer. Buyer will not engage in any activity that <br />could result in a construction lien being filed against the Property without Seller's prior <br />written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair <br />all damages to the Property resulting from the inspections and return the Property to the <br />condition it was prior to conduct of the inspections, and (2) release to Seller all reports and <br />other work generated as a result of the inspections. <br /> <br />d. Buyer shall have sixty (60) days (inspection period), which shall commence <br />on the day following the execution of this Contract by both parties, to satisfy the above <br />referenced contingencies. Buyer will deliver written notice to Seller prior to the expiration of <br />the Inspection Period of Buyer's determination of whether or not the Property is acceptable. <br />Buyer's failure to comply with this notice requirement will constitute acceptance of the <br />Property as suitable for Buyer's intended use in its "as is" condition, and the Buyer's <br />deposit(s) become non-refundable at the end of the Inspection Period. If the Property is <br />unacceptable to Buyer and written notice of this fact is delivered to Seller prior to the end of <br />the Inspection Period, this Contract will be deemed terminated as of the date after the <br />Inspection Period ends and Buyer's deposit(s) will be returned after Escrow Agent receives <br />proper authorization from all interested parties. <br /> <br />e. Seller confirms that all utilities have been provided to the Property and that <br />the Property is serviced by public utilities. <br /> <br />14. Assionment: This Agreement may be assigned by the Buyer to a designated <br />partnership or corporation, and Buyer may elect to appoint a nominee to take title, without <br />Buyer being required to obtain prior written approval from the Seller, provided such <br /> <br />4 <br />
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