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` . .. _ �, , . . ,� � _ , , SITE ID: A-2-G-082-G SITE NAME:City of Zephyrt�ilis ' notice to Owner and opportunity to cure), in addition to any ther rights and remedies available to APT at law or in equity,APT shall be entitled to cure said default and to set ff and offset any and all sums, costs, expenses, fees (including reasonable attomey's fees) and damages incu by APT in effecting such cure against Rent and any other sums due or thereafter coming due from APT to Owne under this Agreement 16. M/SCELLANEOUS. A Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has gocd and marketable title to the Owners Property. B. APT represents and warrants that it is d ly authorized to do business in Fiorida and that the undersigned signatory for APT is fully authorized by APT to e ber intio this Agreement on behalf of APT. � C. This Agreement supersedes a{I prior dis ussions, negotiations and agreements between the parties hereto and contains all agreements and unders ndings between the Owner and APT regarding the subject matter of this �qreement This Agreement may nly be amended by a writing signed by both parties. Exhibits"A"through"C"are hereby incorporated into this reement by reference. D. This Agreement may be signed in counterp rts by the parties hereto. E. The tertns and conditions of this Agree ent shall extend to and bind the heirs, personal representatives,successors and assigns of Owner and A . F. The prevailing parly in any action or p ing to enforce the terms of this Agreement shall be entitled to receive its reasonable attomeys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. G. Simultaneously herewith or on or before e Commencement Date, Owner shall execute and acknowledge and deliver to APT for recording a memoran um of this Agreement("Memorandum") in the form of Exhibit "C". Owner hereby grants APT permission to nsert the effective date of this Agreement into the Memorandum after execution of the Memorandum. H. APT may assign this Agreement or suble the Project Site (in whole or in part) at any time and from time to time without Owners consen� No assign ent or subletting shall release APT from any of the obligations arising under this Agreement. , I. Notices shall be in writing and sent by Uni ed States Mail, postage prepaid, certified or registered with retum receipt requested or by any nationally-rec:ogn' ed overnight courier service to the address set forth beneath the signature of each party below. Any such noti shall be deemed given when deposited in the United States Mail or delivered to such courier service. J. This Agreement shall be construed in acco ance with the laws of the State of Florida. K. Each party agrees to fumish to the other, ithin ten (10)days after request, such truthful estoppel information as the other may reasonably request. L. Owner and APT each represent that they have not been represented by a real estate broker or other agent in this transaction. Each party shall indemni and hold the other party harmless from any claims for commission, fee or other payment by such broker or any ot er agent claiming to have represented a party herein. M. Tower shall be free of all material and m hanics liens. N. The parties hereto warrant and represent each to the other, that the matters of fact contained herein are true and accurate. R:U.ega1�MAIL MERGE DOCUMENTS�Basic Package Docum nts�MM Conditional SA Land Revl 042397.doc 4 11/19 ti.