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2006-153
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2006-153
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Last modified
8/10/2016 11:27:20 AM
Creation date
9/30/2015 9:41:37 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2006
Control Number
2006-153
Agenda Item Number
Adminstrators signature
Entity Name
Robert Hendley, III & LaJune Hendley
Subject
agreement to purchase and sell real estate
Area
550 9th Street SW
Supplemental fields
SmeadsoftID
5622
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assessments levied against the Property, prorated based on the "due date" of such taxes <br />established by the taxing authority having jurisdiction over the Property. If the Closing Date <br />occurs between January 1 and November 1, the Seller shall, in accordance with Florida Statutes <br />section 196.295, pay an amount equal to the current real estate taxes and assessments, <br />prorated to the Closing Date. <br />7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing <br />documents. <br />7.1 County shall pay the following expenses at Closing: <br />7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by <br />Seller pursuant to this Agreement. <br />7.1.2 Documentary Stamps required to be affixed to the warranty deed. <br />7.1.3 All costs and premiums for the owner's marketability title insurance commitment and <br />policy, if any. <br />7.2 Seller shall pay the following expenses at or prior to Closing: <br />7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the <br />Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or <br />encumbrances upon the Property. <br />7.3 The Seller and County shall each pay their own attorneys' fees. <br />8. Miscellaneous. <br />8.1 <br />Controlling <br />Law. This <br />Agreement shall be construed and enforced in accordance with the <br />laws <br />of the State of Florida. <br />Venue shall <br />be in Indian River County for all state court matters, <br />and <br />in the Southern District <br />of <br />Florida <br />for <br />all federal court matters. <br />8.2 Condemnation. In the event that all or any part of the Property shall be acquired or <br />condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation <br />proceedings shall be threatened or begun prior to the Closing of this transaction, County shall <br />have the option to either terminate this Agreement, and the obligations of all parties hereunder <br />shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and <br />warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive <br />title to the Property; receiving, however, any and all damages, awards or other compensation <br />arising from or attributable to such acquisition or condemnation proceedings. County shall have <br />the right to participate in any such proceedings. <br />8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties <br />with respect to this transaction and supersedes all prior agreements, written or oral, between the <br />Seller and the County relating to the subject matter hereof. Any modification or amendment to <br />this Agreement shall be effective only if in writing and executed by each of the parties. <br />F:\Public Works\Capital Projects\OsloRdAgreements\Hendley3-7-06.doc 3 <br />
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