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2011-179
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Last modified
6/25/2021 3:44:55 PM
Creation date
10/1/2015 4:56:21 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-179
Agenda Item Number
13.B.
Entity Name
Erma L. Lewis Estate James E. Lewis
Subject
Agreement to purchase land
66th Avenue right of way
Area
5265 66th Avenue
Supplemental fields
SmeadsoftID
11668
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and the Count yhereby agrees to purchase from Seller, upon the terms and.conditions'set <br />forth in this Agreement, that certain parcel, of real property Located at 5265 66"' Avenue, <br />Vero Beach, Florida and more specifically described as Parcel 105 in $he sketch and legal <br />description attached as Exhibit „A", containing approximately 0.34 acres, and all <br />improvements thereon, together with all easements, rights and uses now or hereafter <br />belonging thereto (collectively; the "Property") <br />2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the <br />Property shall be $118,335.Q0 One Hundred Eighteen Thousand Three Hundred Thirty <br />Five` Dollars). 'The Purchas6 Pride_shall be paid on the Closing Date, The.Effective Date of <br />this Agreement shall be the date upon which the.County shall have approved the execution <br />of this Agreement, either by approval by the Indian River County Board of County <br />Commissioners at a formal meeting of such Board or by the County Administrator pursuant <br />tQ his delegated 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 Tifle 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") Seiler'shall <br />use best efforts to cure the defects within the Curative Period andif the title defects are not <br />cured within the .Curative Period, County shall have thirty (30)` days from theend 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 <br />the sole owner of and has. good right,, title, and authority to convey and transfer the <br />Property 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, .Seiler shall take. no action <br />which would impair or otherwise affect title to any portion of the .Property, and. shall record <br />no documents in the Public Records which would affect title to the Property, without the <br />prior written consent of the. County. <br />2 <br />
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