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2007-159
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2007-159
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Last modified
5/16/2016 2:08:13 PM
Creation date
9/30/2015 10:48:15 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/15/2007
Control Number
2007-159
Agenda Item Number
7.J.
Entity Name
J. Patrick Schirard
Subject
Right-of-Way Acquisition Purchase Agreement
Area
74th Ave. South of SR 60, Corner 12thSt.abd 74th Ave.
Supplemental fields
SmeadsoftID
6293
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(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an <br /> affidavit, in a form acceptable to the County , certifying that the Seller and any interest holders <br /> are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> (e) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to Close this transaction . <br /> 6 . 2 Taxation . All taxes and special assessments , which are a lien upon the property on or <br /> prior to the Closing Date (except current year's taxes and assessments , which are not yet due <br /> and payable) shall be paid by the Seller prior to closing . <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 Trustee's Deed and any release or satisfaction obtained <br /> by Seller pursuant to this Agreement. <br /> 7 . 1 . 2 Documentary Stamps required to be affixed to the Trustee's Deed . <br /> 7 . 1 . 3 All costs and premiums forthe 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 , subject to the <br /> limitations herein and other than the Permitted Exceptions , and to satisfy or release of record <br /> all existing mortgages , liens or encumbrances upon the Property. <br /> 8 . Miscellaneous . <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida . Venue shall be in Indian River County for all state court matters , <br /> and in the Southern District of Florida for 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 /> F:%EngineeringURobert WeWso66thaveproject174th ave 12th to 4th jpatrickshirardt74thave Purchase Contract.doc - 3 - <br />
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