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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 / day of n , 20019 by and between Indian River <br /> County, a political subdivision of the to of Flo0i ("County"), and Ryall Acquisition Group LLC <br /> f/k/a Ryall Development Group, LLC ("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 SW corner of 66th Avenue and County <br /> Road 510, County of Indian River, State of Florida and more specifically described on Exhibit <br /> "A" attached hereto and incorporated by this reference containing approximately . 11 acres, and <br /> all improvements thereon , together with all easements , rights and uses now or hereafter <br /> belonging thereto (collectively, the "Propert)("). <br /> 2 . Purchase Price , Effective Date. The purchase price (the "Purchase Price") for the <br /> Property shall be Seventy Seven Hundred Dollars ($ 7 , 700 ). 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 Seiler 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 /> 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 /> 1 <br />