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2011-130
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2011-130
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Last modified
2/9/2016 2:24:07 PM
Creation date
10/1/2015 4:55:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/07/2011
Control Number
2011-130
Agenda Item Number
8.F.
Entity Name
Cornerstone Christian Church of Vero Beach
Subject
12th Street Paving Project, recorded deed
Agreement and Deed
Area
12th Street
Supplemental fields
SmeadsoftID
11665
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attached as Exhibit "A" , containing approximately 12 , 228 sq . ft . , and all improvements <br /> thereon , together with all easements, rights and uses now or hereafter belonging thereto <br /> (collectively, the " Property") . Cornerstone Christian Church of Vero Beach , Inc . agrees to <br /> dedicate without compensation 30' x 305 . 69' , containing 9 , 170 . 7 square feet, along the <br /> southern boundary of the parcel adjacent to 12th Street specifically described in the legal <br /> description attached as Exhibit ' B " . Cornerstone Christian Church also agrees to execute <br /> a temporary construction easement, provided by the County, running along the north line of <br /> . the proposed right of way taking to be used for the purpose of tying grades into the <br /> construction project. <br /> 2 . 1 Purchase Price , Effective Date. The purchase price (" Purchase Price") for the <br /> Property shall be $ 14 , 062 . 20 (Fourteen Thousand Sixty-Two Dollars and 20/00) . The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement <br /> shall be the date upon which the County shall have approved the execution of this <br /> Agreement , either by approval by the Indian River County Board of County Commissioners <br /> at a formal meeting of such Board or by the County Administrator pursuant to his delegated <br /> authority. <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of <br /> claims, liens , easements and encumbrances of record or known to Seller; but subject to <br /> property taxes for the year of Closing and covenants , restrictions and public utility <br /> easements of record provided (a) there exists at Closing no violation of any of the <br /> foregoing ; and (b) none of the foregoing prevents County's intended use and development <br /> 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 <br /> the Effective Date of this Agreement deliver written notice to Seller of title defects . Title <br /> shall be deemed acceptable to County, if (a) County fails to deliver notice of defects within <br /> the time specified , or (b) County delivers notice and Seller cures the defects within thirty <br /> (30) days from receipt of notice from County of title defects ("Curative Period") . Seller shall <br /> use best efforts to cure the defects within the Curative Period and if the title defects are not <br /> cured within the Curative Period , County shall have thirty (30) days from the end of the <br /> Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement , <br /> whereupon shall be of no further force and effect, or ( ii) extend the Curative Period for up <br /> to an additional 90 days ; or ( iii) accept title subject to existing defects and proceed to <br /> 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 <br /> sole owner of and has good right, title , and authority to convey and transfer the Property <br /> which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action <br /> which would impair or otherwise affect title to any portion of the Property , and shall <br /> 2 <br />
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