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2007-320A
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2007-320A
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Last modified
6/24/2016 1:17:19 PM
Creation date
9/30/2015 11:19:19 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320A
Agenda Item Number
9.A.1
Entity Name
Triple S Land Company
Subject
Option Agreement purchase of conservation easement
Supplemental fields
SmeadsoftID
6611
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9 / 10 / 2007 <br /> receipt of evidence satisfactory to Purchaser in recordable form that the right of access to <br /> the Property for the purpose of exploration and development of minerals on the property <br /> will be released prior to closing . <br /> 1 . 5 . Beneficial Interest Disclosure . In the event Seller is a partnership , limited partnership , <br /> corporation , trust, or any form of representative capacity whatsoever for others, Sellershall <br /> provide a fully completed , executed , and sworn beneficial interest disclosure statement in <br /> the forms attached to this Agreement as Exhibit "C" that complies with all of the provisions <br /> of Florida Statutes Section 286 .23 prior to approval of this Agreement by Purchaser. <br /> However, pursuant to Florida Statutes Section 286 . 23 (3 )(a) , the beneficial interest in any <br /> entity registered with the Federal Securities and Exchange Commission , or registered <br /> pursuant to Florida Statutes Chapter 517 , whose interest is for sale to the general public, is <br /> exempt from disclosure ; and where the Seller is a non-public entity, that Seller is not <br /> required to disclose persons or entities holding less than five ( 5% ) percent of the beneficial <br /> interest in Seller. <br /> 2 . OPTION TERM . The option payment for the Property is $ 100 . 00 ("Option Payment") . <br /> The Option Payment, in the form of a check , will be forwarded to Seller as soon as <br /> possible after the public hearing to approve this Agreement. The option may be exercised <br /> during the period beginning with the Indian River County Board of County Commission 's <br /> approval of this Agreement at the required public hearing and ending 120 days after the <br /> public hearing ("Option Expiration Date ") , unless extended by other provisions of this <br /> Agreement. In the event the conditions precedent are not satisfied at the end of the Option <br /> Expiration Date , Seller and Purchaser agree that the Option Expiration Date may be <br /> extended by Purchaser, not to exceed 30 days after the Option Expiration Date , by written <br /> notice from Purchaser to Seller. Purchaser and Seller agree to use their best efforts to <br /> exercise the option and close as soon as possible , even if prior to the Option Expiration <br /> Date , so long as all requirements of this Agreement are fulfilled . <br /> 3 . PURCHASE PRICE . The purchase price forthe Conservation Easement is Five Million <br /> Ninety Six Thousand and no/ 100 Dollars ($ 5 , 096 , 000 . 00 ) (" Purchase Price") and , after <br /> reduction by the amount of the Option Payment, will be paid by Purchaser at closing to <br /> Seller as set forth herein . The Purchase Price is based on acreage estimates utilized in <br /> the appraisals obtained by the County, including a total acreage of approximately 728 <br /> acres . Upon completion of the Survey and approval by Purchaser, the Purchase Price <br /> shall be adjusted up or down in the amount of SEVEN THOUSAND DOLLARS ($ 7 ,000 . 00) <br /> per acre or portion thereof (the "Per Acre Price" ) from a base of 728 acres , in accordance <br /> with the actual acreage shown on the Survey. <br /> 4. 1 . ENVIRONMENTAL SITE ASSESSMENT . Purchaser shall , at its sole cost and <br /> expense , provide an environmental site assessment of the Property that is certified to <br /> Purchaser: meets the standard of practice of the American Society of Testing Materials <br /> ("ASTM " ) Practice E 1527 ; meets all and the current standards and requirements attached <br /> to this Agreement as Exhibit "D"; bears a date that is not less than 35 days prior to the <br /> Option Expiration Date ; and is performed by an environmental site assessment <br /> professional firm satisfactory to Purchaser (" Phase I ") . For purposes of this Agreement <br /> 2 <br />
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