Survey and Title Matters. Buyer may order a survey of the Property at Xxxxx’s expense. If Xxxxx orders a survey, Buyer will provide a copy of the survey to Seller at no cost to Seller. Buyer may obtain at Xxxxx’s sole cost, a commitment for an owner’s policy of title insurance for the Property, naming Xxxxx as the proposed insured. Buyer shall have 10 days following the receipt of the title commitment and the survey, whichever is later, to make its objections in writing to Seller. If the title to the Property or any part thereof, shall be found to be unmarketable, Seller agrees to cure such defects and render the title marketable by the closing date; provided, that nothing in this Agreement shall require Seller to exercise its power of eminent domain to make title marketable. It is further understood and agreed that if the title to the Property or any part thereof is found to be unmarketable at date of closing, Buyer may, at its option: (a) waive the title defects and proceed to closing; or (b) declare this Agreement null and void and neither Buyer nor Seller shall be liable for damages hereunder. If the title to the Property is found marketable and Buyer shall default in any of the covenants or agreements herein provided, then and in that case, Seller may at its option, deem this Agreement terminated by giving written notice thereof to Buyer. Neither party may enforce this Agreement by specific performance.
Survey and Title Matters. 5 A. Survey. Within thirty (30) days after the Effective Date, Purchaser shall, at Purchaser’s expense, obtain a recertified or a new current survey of the Property as required for the issuance the Title Policy (the "Survey") prepared by a registered surveyor, licensed in the State of Florida (the "Surveyor"). The Survey shall locate all improvements, if any, situated upon the Property and shall locate and identify with the relevant recording information all utility lines and access, easements, streets, rights-of-way and other man-made objects, and locate all other matters not of record which are ascertainable by a visual inspection of the Property. The Survey shall be certified to Seller, Purchaser and the Title Company (as defined below). The Survey shall identify any portion of the Property, if any, which is within a flood plain or which is subject to the jurisdiction of the Florida Department of Environmental Protection (the "DEP"), the U.S. Army Corps of Engineers (the "Corps"), the Southwest Florida Water Management District (the "District") or any agency of Purchaser. The Survey shall also determine and certify within one-one hundredth (1/100th) of an acre the total acreage contained within the boundaries of the Property. The Survey shall be certified to the Purchaser, Seller, Purchaser's attorney and the “Title Company” (as defined below), and shall certify that the Survey was prepared in accordance with the minimum technical requirements and standards promulgated by the Florida Board of Professional Land Surveyors, Chapter 61 G-17 of the Florida Administrative Code and Section 427.027 of the Florida Statutes. At Purchaser's option, the Survey shall also contain such other matters as are required by the Title Company. The Surveyor's seal shall be affixed to the Survey. If the closing fails to occur, the Purchaser shall provide to Seller a copy of the Survey.
Survey and Title Matters. A. Within sixty (60) days after the Effective Date, the City shall, at Elevation’s expense, obtain a survey of the City Property and the Easement Benefitting City Property (hereinafter the "City Property Survey") in a form and substance acceptable to Elevation and sufficient to delete the standard survey exception from the Title Policy, certified to Elevation, the City and the Title Company (as hereinafter defined). The legal descriptions in the City Property Survey shall be used in the City Deed and the Easement Benefitting City Property and all other closing documents related thereto.
Survey and Title Matters. A. Within sixty (60) days after the Effective Date, Purchaser may, in Purchaser’s sole discretion, and at Purchaser’s expense, obtain a survey of the Property ("Survey") in a form sufficient to delete the standard survey exception from the Title Policy, certified to Purchaser and the Title Company (as hereinafter defined).
Survey and Title Matters. Lessee, at its sole cost and expense, shall promptly take steps to diligently pursue in good faith and by appropriate proceedings to address the following survey and title matters as disclosed by that certain ALTA/ACSM survey prepared by Dunbxx and Craix, Xxb No. 99166, dated June 1999: (a) recordation of an access and easement agreement and consent to encroachment from the City of Scotts Valley to provide access from Bluexxxxxx Xxxx xxx Xxxxx Xxxxxxx Xxxx xx the Property as contemplated by that certain Agreement dated August 1, 1967, by and among the City of Scotts Valley, the City of Santa Cruz, xxd Watkxxx-Xxxxxxx Xxxpany; (b) recordation of an easement agreement for a sanitary sewer easement from the City of Scotts Valley along the route described in the unrecorded easement prepared by Georxx Xxxxxx, XX 3666, in 1987; (c) recordation of an easement agreement or consent to encroachment as to the existing route of the overhead electric line running along the access road described in clause (a) above; and (d) recordation of an agreement from the Scotts Valley Water District to relocate a water line around the building located on Parcel 2 as contemplated by that certain unrecorded water line easement by and between Watkxxx-Xxxxxxx Xxxpany and Scotts Valley Water District dated June 26, 1989.
Survey and Title Matters. 21 SECTION 4. EXPIRATION DATE...........................................................................22 4.01. Termination by Lessee Prior to Scheduled Expiration Date..................................22 - i - 45 TABLE OF CONTENTS (CONTINUED) PAGE 4.02. Return of Property........................................................................22
Survey and Title Matters. (a) The parties acknowledge that since the Purchaser has determined not to obtain the Survey as required by paragraph (e) of Section 5 of the Real Property Purchase Agreement, certain endorsements to the Title Policies will be impossible to obtain (the “Unavailable Endorsements”). Therefore the parties agree that the Purchaser’s failure or inability to obtain the Unavailable Endorsements or any of them as a result of the lack of the Survey shall not constitute a default under or breach of the Real Property Purchase Agreement by Purchaser; nor shall the unavailability of the Unavailable Endorsements or any of them constitute a default under or breach of the Real Property Purchase Agreement by the Real Property Seller.
Survey and Title Matters. Seller acknowledges that Purchaser is making an accommodation to Seller by not requiring that an updated survey be completed prior to Closing. As a result Purchaser shall obtain an updated survey at Seller's sole cost and expense. Further, if such update survey discloses any new title exceptions or survey issues, Purchaser shall notify Seller and Seller shall cure such new objections within thirty (30) days. If Seller is unable to cure any new title exceptions or survey matters within the specified timeframe, Purchaser shall have the right to seek indemnification against Seller pursuant to Section 8.1(e) without being subject to the limitations set forth in Section 8.3.
Survey and Title Matters. A. Within sixty (60) days after the Effective Date, Seller shall, at Purchaser’s expense, obtain a survey of the Property ("Survey") in a form and substance reasonably acceptable to Seller and Purchaser and sufficient to delete the standard survey exception from the Title Policy, certified to Seller, Purchaser and the Title Company (as hereinafter defined). The legal description in the Survey shall be used in the Special Warranty Deed and all other closing documents.
Survey and Title Matters
