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2007-320B
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2007-320B
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Last modified
6/24/2016 1:27:08 PM
Creation date
9/30/2015 11:19:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2007
Control Number
2007-320B
Agenda Item Number
9.A.1
Entity Name
Padgett Creek LLC
Subject
Option Agreement purchase Conservation Easement
Supplemental fields
SmeadsoftID
6612
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the Property for the purpose of exploration and development of minerals on the property will <br /> 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, Seller shall <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 possible <br /> after the public hearing to approve this Agreement. The option may be exercised during <br /> the period beginning with the Indian River County Board of County Commission 's approval <br /> of this Agreement at the required public hearing and ending 120 days after the public <br /> hearing ("Option Expiration Date"), unless extended by other provisions of this Agreement. <br /> In the event the conditions precedent are not satisfied at the end of the Option Expiration <br /> Date , Seller and Purchaser agree that the Option Expiration Date may be extended by <br /> Purchaser, not to exceed 30 days after the Option Expiration Date , by written notice from <br /> Purchaser to Seller. Purchaser and Seller agree to use their best efforts to exercise the <br /> option and close as soon as possible , even if prior to the Option Expiration Date , so long as <br /> all requirements of this Agreement are fulfilled . <br /> 3 . PURCHASE PRICE . The purchase price for the Conservation Easement is Five Million <br /> Nine Hundred Ninety Nine Thousand and no/ 100 Dollars ($5 ,999 , 000 .00) (" Purchase <br /> Price") and , after reduction by the amount of the Option Payment, will be paid by Purchaser <br /> at closing to Seller as set forth herein . The Purchase Price is based on acreage estimates <br /> utilized in the appraisals obtained by the County, including a total acreage of approximately <br /> 857 acres . The Purchase Price shall be adjusted up or down in the amount of SEVEN <br /> THOUSAND DOLLARS ($7 ,000.00) per acre or portion thereof (the " Per Acre Price") from <br /> a base of 857 acres , in accordance 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 of the standards and requirements attached to this <br /> Agreement as Exhibit " D"; bears a date that is not less than 35 days prior to the Option <br /> Expiration Date; and is performed by an environmental site assessment professional firm <br /> satisfactory to Purchaser (" Phase I"). For purposes of this Agreement " Hazardous <br /> Materials" shall mean any hazardous or toxic substance , material or waste of any kind or <br /> any other substance which is regulated by any and all applicable federal , state or local <br /> 2 <br />
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