2019-01-09 CC Set Agenda - Laserfiche WebLink

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12.1 Seller's Costs. Seller shall pay(i)the cost of the Commitment in conformance with the requirements of Section, 3 of this Agreement, (H) the cost of the Survey in conformance with the requirements of Section 13 of this Agreement, (iii), all fees to record all of the documents necessary to permit Seller to convey marketable fee simple title to the Property to Buyer(other than the recording fee to record the Deed), (iv) [intentionally ornitted], (v) one-half(1/2) of the closers fee and/or escrow fee charged by Title in connection with the escrow of Earnest Money or the Closing, (vii) any state, county or municipal deed tax, excise tax or transfer fee imposed on the conveyance, (vii) any deferred (e.g. "Green Acres") real estate taxes and any delinquent real estate taxes (including without limitation, interest or penalties thereon), (viii) Seller's pro-rata share of real estate taxes due and payable in the year of Closing as provided in Section 12 below and the entire portion of any special assessment certified for payment with the real estate taxes in the year of Closing, (ix) all unpaid special assessments levied or pending as of the Closing Date, (x) the brokerage fee of the Broker in accordance with Section 13 herein, and (A) attorneys' fees and costs of Seller's attorneys, To the extent Seller has not previously paid any expense set forth in this Section 12.1, or any other expense attributed to Seller pursuant to this Agreement, the same shall be deducted from the Purchase Price payable to Seller at Closing. 12.2 Buyers Costs. Buyer shall pay (I) the recording fee necessary to record the Deed, (iii) the premium for title insurance policy or any endorsements requested by Buyer, (Iii) one-half (1/2) of the closers fee and/or escrow fee charged by Title in connection with the escrow of Earnest Money or the Closing, (iv) all costs associated with its due diligence and inspections of the Property (except costs for the Commitment and Survey), (v) any mortgage registration tax, and (vi)attorneys'fees and costs of Buyer's attorneys, 13. Proration of Real Estate Seller shall pay all real estate taxes for the Property and installments of all special assessments certified for payment with the real estate taxes due and payable in all years prior to the year of Closing. Seller shall also pay the unpaid balance of any special assessments levied or pending as of the Closing Date, Real estate taxes for the Property due and payable in the year of Closing shall be prorated between, Seller and Buyer to the Closing Date; provided, however. Buyer shall assume responsibility for the payment of all real estate taxes for the Property due and payable in years, subsequent to the year of Closing. If the amount of any real estate taxes, charges or assessments that are due and payable have not been finally assessed or determined as of the Closing Date, then the same shall be adjusted as of Closing based upon the most recently issued bills therefor, and shall be readjusted when final' bills are issued. 13,1 No Separate Tax Statement. If, as of the Closing Date, the Property is riot assessed for purposes of real property taxation separately from all other real property, then the real! estate taxes and assessments certified -for payment therewith for the total tax parcel shall be paid in full by Seller at Closing, and the amount of real estate taxes and assessments certified for payment therewith allocable to the Property shall be determined based upon the ratio that the square footage of the Land bears to the square footage of all the real property within,the total'tax parcel. 14. Agent ReRrq§#01gV2n. Broker represents both the seller (s) and buyer (s) of the property involved in this transaction, which creates a dual agency. This means that broker and its salespersons owe fiduciary duties to both seller (s) and buyer (s). Because the parties may have conflicting interests, broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this transaction without the consent of both seller(s) and buyer(s), Seller(s) and buyer(s) acknowledge that: (1) Confidential information communicated to broker which regards price, terms, or motivation to buy or sell will remain confidential unless seller (s) or buyer (s) instructs broker in writing to disclose this information. Other information will be shared. (2) Broker and its salespersons will not represent the interests of either party to the detriment of the other; and (3) Within the limits of dual agency, broker and its salespersons will work diligently to facilitate the mechanics of the sale.. With the knowledge and understanding of the explanation above, buyer and seller authorize, and instruct Colliers International and its salesperson to act as dual agents in this transaction, Buyer Seller