5/16/2016 1:32:42 PM
9/30/2015 10:47:20 PM
Official Document Type
Agenda Item Number
Maronda Homes, Inc.
1949 Barber Street
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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 1 st day of May , 2007 , by and between Indian River <br /> County , a political subdivision of the State of Florida ("County") , and Maronda Homes , Inc. of <br /> Florida , ("Seller") , who 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 1949 Barber Street, Sebastian , County <br /> of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto <br /> and incorporated by this reference containing approximately . 35 acre , and all improvements <br /> thereon , together with all easements , rights and uses now or hereafter belonging thereto <br /> (collectively, the " Property") . <br /> 2 . Purchase Price Effective Date The purchase price (the " Purchase Price" ) for the <br /> Property shall be Seventy-Five Thousand Five-Hundred Dollars ($75 , 500 . 00) . The Purchase <br /> Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date <br /> upon which the County shall have approved the execution of this Agreement, either by approval <br /> by the Indian River County Board of County Commissioners at a formal meeting of such Board <br /> or by the 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 this Agreement shall <br /> be of no further force and effect , or ( ii) extend the Curative Period for up to an additional 90 <br /> days ; or (iii) accept title subject to existing defects and proceed to closing . <br /> 4 . Representations of the Seller, <br /> 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole <br /> owner of and has good right, title , and authority to convey and transfer the Property which is the <br /> subject matter of this Agreement, free and clear of all liens and encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which <br /> F.+Public WorkslCapital Projects�Barber Street RealignmentuMarondaHomes3t28-07.doc <br /> RETURN O S . R , COUNTY <br />
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