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2008-096
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2008-096
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Last modified
3/29/2016 9:41:10 AM
Creation date
10/1/2015 12:02:48 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2008
Control Number
2008-096
Agenda Item Number
8.H.
Entity Name
United Church of Sebastian
Robert Webb
Subject
Purchase agreement
Area
1251 Sebastian Boulevard
Supplemental fields
SmeadsoftID
6943
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4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> or any other special taxing district. <br /> 5 . Default. <br /> 5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy <br /> hereunder, to terminate this Agreement , and neither the Seller nor any other person or party shall <br /> have any claim for specific performance, damages or otherwise against the County. <br /> 5 .2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall <br /> be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the <br /> Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain <br /> specific performance of the terms and conditions hereof: or (iii) waive the Seller' s default and <br /> proceed to Closing : <br /> 6 . Closing. <br /> 6 . 1 The closing of the transaction contemplated herein (`Closing" and "Closing Date ') shall take <br /> place within 45 days following the Effective Date of this Agreement. The parties agree that the <br /> Closing shall be as follows : <br /> (a) The Seller shall execute and deliver to the County, a warranty deed conveying marketable title <br /> to the Property, free and clear of all liens and encumbrances and in the condition required by <br /> paragraph 3 . <br /> (b) The Seller shall have removed all of its personal property and equipment from the Property <br /> and Seller shall deliver possession of the Property to County vacant and in the same or better <br /> condition that existed at the Effective Date hereof. <br /> (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, <br /> County may use a portion of Purchase Price funds to satisfi,, the encumbrances . <br /> (d) The Seller shall deliver to the County an affidavit, in form acceptable to the County, <br /> certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such <br /> interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980. <br /> (e) The Seller and the County shall each deliver to the other such other documents or instruments <br /> as may reasonably be required to Close this transaction. Indian River County will provide all closing <br /> documents for this transaction and will record the documents at no cost to United Church of <br /> Sebastian, Inc . All closing costs will be paid by Indian River County. <br /> 8 . Miscellaneous. <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida. Venue shall be in Indian River County for all state court matters , and in <br /> the Southern District of Florida for all federal court matters . <br /> 8 . 2 Conveyance in Lieu of Eminent Domain . It is understood by the parties that this contract <br /> is entered by SELLER under the threat and in lieu of condemnation. <br /> 8 . 3 Entire Agreement. This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements, written or oral, between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 2 <br /> F :1Engineering\Robert Webb\unitedchurchsebastian5l2 . doc <br />
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