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2009-240
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2009-240
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Last modified
3/14/2016 1:07:17 PM
Creation date
10/1/2015 3:50:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/15/2009
Control Number
2009-240
Agenda Item Number
8.I.
Entity Name
McKellar Ken and Laura
Subject
Purchase Property portion of 31st. Ave.
Area
49th St. and 31st. Ave.
Supplemental fields
SmeadsoftID
10791
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1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase , upon the terms and conditions set forth in this <br /> Agreement , that certain parcel of real property located along 31 st Avenue more specifically <br /> described in the sketch and legal description attached as Exhibit "A" , containing <br /> approximately 0 . 609 acres , and all improvements thereon , together with all easements , <br /> rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . <br /> 3 . Purchase Price , Effective Date . The purchase price ( " Purchase Price " ) for the <br /> Property shall be thirty four thousand two hundred dollars ( $ 34 , 200 . 00 ) . The County shall <br /> pay and Seller shall accept the Purchase and Sale price of the Property . The Purchase <br /> Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the <br /> date upon which the County shall have approved the execution of this Agreement , either <br /> by approval by the Indian River County Board of County Commissioners at a formal <br /> meeting of such Board or by the County Administrator pursuant to his delegated authority . <br /> 4 . Title . Seller shall convey marketable title to the Property by warranty deed free of <br /> claims , liens , easements and encumbrances of record or known to Sellers ; but subject to <br /> property taxes for the year of Closing and covenants , restrictions and public utility <br /> easements of record provided ( a ) there exists at Closing no violation of any of the <br /> foregoing ; and ( b ) none of the foregoing prevents County' s intended use and development <br /> of the Property ( " Permitted Exceptions " ) . <br /> 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property . County shall within fifteen ( 15 ) days following <br /> the Effective Date of this Agreement deliver written notice to Seller of title defects . Title <br /> shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within <br /> the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty <br /> ( 30) days from receipt of notice from County of title defects (" Curative Period ") . Seller shall <br /> use best efforts to cure the defects within the Curative Period and if the title defects are not <br /> cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the <br /> Curative Period to elect , by written notice to Seller , to : ( i ) to terminate this Agreement <br />, <br /> whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up <br /> to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed <br /> to <br /> closing . <br /> 5 . Representations of the Seller . <br /> 5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is <br /> the sole owner of and has good right , title , and authority to convey and transfer the <br /> Property which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 5 . 2 From and after the Effective Date of this Agreement , Seller shall take no action <br /> 2 <br />
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