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2007-068
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2007-068
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Last modified
5/4/2016 2:17:01 PM
Creation date
9/30/2015 10:36:51 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/20/2007
Control Number
2007-068
Agenda Item Number
county administrater signature
Entity Name
John Flaig
Subject
Purchase Agreement 43rd Ave. driveway connection
Area
1575 43rd Ave.
Supplemental fields
SmeadsoftID
6182
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ORIGINAL <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is made <br /> and entered into as of the _j10 day of , 2002, by and between Indian River <br /> County , a political subdivision of the State of Florida 'County' , and John Flaig , ("Seller" ) , who <br /> agree as follows : <br /> 1 . Agreement to Purchase and Sell The Seller hereby agrees to sell to the County, and the <br /> County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this <br /> Agreement, that certain parcel of real property located at 1575 43`d Avenue, County of Indian <br /> River, State of Florida and more specifically described on Exhibit "A" attached hereto and <br /> incorporated by this reference containing approximately 1 , 680 square feet, and all <br /> improvements thereon , togetherwith all easements , rights and uses now or hereafter belonging <br /> thereto (collectively, the " Property") . ( Note : At County' s sole expense , County agrees to <br /> relocate the 43`d Avenue driveway connection to the south end of the Property, and reconstruct <br /> the driveway as necessary for tie-in to the existing driveway. This work shall be performed as <br /> part of the 43`d Avenue Project when and if said project is constructed . Seller agrees to provide <br /> a temporary construction easement as necessary for the driveway reconstruction and for access <br /> to construct the proposed sidewalk. Seller shall execute said temporary construction easement <br /> at time of closing) . <br /> 2 . Purchase Price , Effective Date The purchase price (the " Purchase Price") for the <br /> Property shall be Five Thousand , Forty Dollars ($5 , 040 . 00) . The Purchase Price shall be paid <br /> on the Closing Date . The Effective Date of this Agreement shall be the date upon which the <br /> County shall have approved the execution of this Agreement, either by approval by the Indian <br /> River County Board of County Commissioners at a formal meeting of such Board or by the <br /> County Administrator pursuant to his delegated authority. <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , <br /> liens , easements and encumbrances of record or known to Seller; but subject to property taxes <br /> for the year of Closing and covenants, restrictions and public utility easements of record provided <br /> (a ) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing <br /> prevents County's intended use and development of the Property (" Permitted Exceptions" ) . <br /> 3 . 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 the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if (a ) County fails to deliver notice of defects within the time <br /> specified , or (b) County delivers notice and Seller cures the defects within thirty (30 ) days from <br /> receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty (30 ) days from the end of the Curative Period to elect, <br /> by written notice to Seller, to : (i) to terminate this Agreement, whereupon shall be of no further <br /> force and effect, or ( ii) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept <br /> title subject to existing defects and proceed to closing . <br /> 4. Representations of the Seller. <br /> 1 <br />
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