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HomeMy WebLinkAbout0583 , 5. At closing Connecticut will pay to Blue Three a sum equal to twenty five percent (25~;) of the original cost of the land, citrus trees and .improvements or twenty five percent (25~) of Two Million Six Hundred Fifty Thousand Dollars ($2,650,000.00), the same being Six Hundred Sixty Two Thousand Five Hundred Dollars ($662,500.00), plus twenty five percent (25$)~of any additional expenditures for capital improvements made to the property subsequent to the acquisition of the same by Blue Three, which capital improvements are approved by Connecticut. 6. At closing Blue Three shall convey the undivided 25$ interest in the option land subject only to taxes for the current year and such easements and restrictions as may have been approved at the time that Connecticut placed its loan of record or may be subsequently necessary for the effective administration and development of the property, but which do not in the judgment of Connecticut impair the viability of its purchase of an undivided twenty five percent (25$) interest. If any encumbrances have been placed of record or created by Blue Three, which in the sole judgment of Connecticut impair the quality of title which Connecticut would acquire pursuant to this Option Agreement, then and in that event, Connecticut may demand and Blue Three shall terminate or eliminate such encumbrances. Connecticut shall upon payment by Blue Three of an amount equal to 25$ of the then unpaid principal balance of the Connecticut loan release an undivided 25$ of the lien of the Connecticut mortgage against the encumbered property. 7. All sums of money to be paid pursuant to the exercise of this option shall be paid in cash at the time of delivery of the deed or such other instrument as may be reasonably required by counsel for Connecticut to evidence the transfer of an undivided twenty five percent (25%) .interest of Connecticut in the option land. Said deed shall be delivered without merger of interest or title notwithstand- ing the fact that the Connec*iCut loan will remain of record. 8. This Option shall be fully assignable by Connecticut to any subsidiary of Connecticut without the prior consent ~ or approval of Blue Three. ~ 9. Nothing herein shall be construed to make Connecticut a partner, joint venturer, or other participant with Blue Three and to the extent Connecticut elects to acquire an interest in the subject property, it shall do so as a tenant-in-common with the partnership, Blue Three. ~ 10. Time is of the essence of this Agreement. ~ 11. The parties hereto agree that this Agreement shall be binding upon their heirs, successors and/or assigns and shall inure to the benefit of the same. IN WITNESS WHEREOF the parties hereto affix their hand and seal in manner and form sufficient to bind them on the day and year first above written. s 3 BLUE E GROVES LIMITED z y By: - -2- B~~K•,~~ PAGf cJ02