7/20/2016 12:29:57 PM
9/30/2015 8:48:23 PM
Official Document Type
Agenda Item Number
Vero Christian Church,Inc.
Right-of-Way Acquisition Purchase
N side of Oslo Rd. 27th Ave.
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Ut) ! a <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 24thday of May , 2005_ , by and between Indian River <br /> County , a political subdivision of the State of Florida ( " County " ) , and Vero Christian Church , Inc . , <br /> a Florida non - profit corporation , ( " 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 on the north side of Oslo Road , <br /> approximately 3 /8 mile west of 27 `h Avenue , County of Indian River , State of Florida and more <br /> specifically described on Exhibits " A " and " B " attached hereto and incorporated by this reference <br /> containing approximately 26 , 213 . 6 square feet ( see Note * ) , and all improvements thereon , <br /> together with all easements , rights and uses now or hereafter belonging thereto ( collectively , the <br /> " Property " ) . <br /> * Note : The Exhibit " B " property ( 10-foot depth , containing 3 , 276 . 7 square feet ) is being dedlC. ated <br /> without compensation to attain the 60 -foot minimum right- of-way requirement , per the County <br /> Land Development Regulations . The Exhibit " B " parcel will be transferred by Statutory \ Narranty <br /> Deed . The Exhibit "A " property 170 - foot depth , containing 22 , 936 . 9 square feet ) will be <br /> transferred by Quit- Claim Deed . The Purchase Price below is consideration for the north 15 feet <br /> of Exhibit " A " ( 4 , 915 square feet , or . 113 acre ) . There is a TIIF road easement encumbering the <br /> south 55 feet , or 18 , 022 square feet of Exhibit "A" . The County has asked Seiler to quitclaim its <br /> interest in this portion as it cannot be used by Seller for any improvements , and County ' s right- <br /> of-way would otherwise be non - contiguous . <br /> l Q) r7 \,see <br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the <br /> Property shall be , The Purchase Price <br /> shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon <br /> which the County shall have approved the execution of this Agreement , either by approval by the <br /> Indian River County Board of County Commissioners at a formal meting of such Board or by <br /> the County Administrator pursuant to his delegated authority . <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed ( or quit - claim <br /> deed if noted in Section 1 above ) free of claims , liens , easements and encumbrances of record <br /> or known to Seller; but subject to property taxes for the year of Closing and covenants <br />, <br /> restrictions and public utility easements of record provided ( a ) there exists at Closing no violation <br /> of any of the foregoing ; and ( b ) none of the foregoing prevents County' s intended use and <br /> development of the Property ( " Permitted Exceptions " ) . <br /> 3 . 1 County ltiay 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 /> FAPublic Works\Capital Projects\Mist .Agreements\MNcontractsVeroChrisChurchOsloRd2-3 -05 .doc 1 <br /> ,PFTURN RD I. le COI..yTY <br />
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