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HomeMy WebLinkAbout2096 . i 1 . i • t I . t In the event GECC does not exercise its right of firs~ refusal., ' i ; and GOLF does not close on the said purcliase agreement from a f thi?-d party, then in that event, GECC shall re~ain the right of . ~ first refusal as set forth herein, so long as the-20--year period j . , i for the Restrictive Covenant se~ forth iii paragraph 1 has not run, ~ - , ~ or so long as G~CC has a mortgage on the certain real_property ~ _ ~ which is the subject matter of this lawsuit, said pro~erty being ' E . ' t contiguous to the property which~is described in-Exhibit "A". Under no circumstances shall the right of first.refusal to purchase ex- tend-beyond~a 20-year period covered by the restrictive covenant ~ or satisfac~ion and/or release of the GECC mort~age herein refer-~ ~ ~ enced, the running of the period of time or the satisfactiori of ' i - z _ t the GECC mortgage, whichever occurs first shall terminate all ~ _ ; rights to first refusal herein specified. ° ~ ~ ~ . - - ~ `3. Should GOLF during said 20-year period decide that ~ ~ it no longer desires to operate said property as a golf course or _ if GOLF does not operate the property as a golf course for a 90- ~ ~ Z day period, then GECC has the right of f.irst refusal ~o.purchase ; - said property for a dollar value t~ be established by three ap- - . praisers, one to be_appointed by GOLF, one to be appointed by~GECC, _ ~ and each of said appraisers sha.ll appoint a third appraiser. _With-_ . ~ j - - . • a in thirty (30)-days of the establishment of a purchase price by ~ , ~ said appraisers, GECC anc~ GOLF agree to enter into a written con- ; - - _ - - - tract for purchase of the real property, provided GE~C elects to - ' - purchase the property from GOLF, which contract shall; amangst ~ the customary terms and ~onditions used in transactian of this - - type in St. Lucie ~ounty, include a 60-day closing,delivery of i ~ the abstract of title to the purchaser showir~g that the title is ~ - _ . - _ i ~ good and marketable in the name of the Seller; a survey of the Frop-- ` ~ erty, a non-lien affidavit evidencing that the property is free and ~ ~ " - clear of all liens and encumbrances, and a release of the restric- tive c~venant hereinabove mentioned. The terms and conditions of the purchase are as follows: 10$ af the purchase nri~e payable by - deposit at time of contract execution~, with the ba).ance _to be paid, _ 8~~~239 P~~~209~ - - - - _3_ GERALD S. JAMES. ATTORNEY AT LAW. POST OFFICE BOX 3089. FORT PIERCE. FLORIDA 33450. TEIEPHONE 308-463-2b00 _ ~ `E ; _ - ~