8/30/2016 11:07:00 AM
9/30/2015 7:29:18 PM
Official Document Type
Agenda Item Number
Roberto and Luz Ruiz
Right of Way Acquisition Agreement
4106 47th Ave.
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ORIGINAL <br /> C) q - o ` 6 <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 19th day of March, 2004 by and between Indian River County, a political <br /> subdivision of the State of Florida ("County") , and Roberto Ruiz and Luz Ruiz, his wife, collectively <br /> ("Seller") , who agree as follows : <br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County <br /> hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, <br /> that certain parcel of real property located at 4106 47th Avenue, more specifically described as the <br /> South 90 feet of Lot 3 , Block 2 , PALM GARDENS SUBDIVISION, according to the Plat thereof as <br /> recorded in Plat Book 4, at Page 6 , of the Public Records of Indian River County, Florida," and all <br /> improvements thereon, together with all easements , rights and uses now or hereafter belonging <br /> thereto (collectively, the "Property") . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property shall <br /> be Thirty-Three Thousand and 00/ 100 Dollars ($.1199.0 ..00 000 . 00 . The Purchase Price shall be paid on <br /> the Closing Date . The Effective Date of this Agreement shall be the date upon which the County <br /> shall have approved the execution of this Agreement, either by approval by the Indian River County <br /> Board of County Commissioners at a formal meeting of such Board or by the County Administrator <br /> 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 for the <br /> year of Closing and covenants , restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 . 2 County may order a title insurance policy with respect to the Property. County shall, within <br /> thirty (30) days from receipt of the title insurance policy, deliver written notice to Seller of title <br /> defects . Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects <br /> within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) <br /> days from receipt of notice from County of title defects ("Curative Period") . Seller shall use best <br /> efforts to 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, by <br /> written notice to Seller, to : (i) to terminate this Agreement, whereupon shall be of no further force <br /> and effect, or (ii) extend the Curative Period for up to an additional 90 days ; or (iii) accept title <br /> 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 would <br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the <br /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> 1 <br /> F :\Engineering\RonC\Word Docs\Ruiz - Purchase Agreement.doc <br /> Standard Real Estate Agreement — Roberto and Luz Ruiz <br />
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