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2014-070
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2014-070
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Last modified
3/13/2017 11:47:49 AM
Creation date
10/1/2015 6:06:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/20/2014
Control Number
2014-070
Agenda Item Number
8.B.
Entity Name
Hamilton Ralph P and Katherine S
Subject
Agreement to purchase right of way
Area
8740 Shore Lane
Alternate Name
CR 510 Expansion
Supplemental fields
SmeadsoftID
13192
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Original <br />temporary construction easement, running parallel with the proposed right-of-way, as <br />described in Exhibit "A' . <br />2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the right- <br />of-way shall be $2,282.15 (Two Thousand Two Hundred Eighty -Two and 15/100 Dollars), <br />plus the County agrees to pay $14,000 (Fourteen Thousand Dollars) to extend the 6 foot <br />block privacy wall, to be erected after the construction of the widening project is <br />completed. The Purchase Price shall be a total of $16 282 15 (Sixteen Thousand Two <br />Hundred Eighty -Two and 15/100) and will be paid on the Closing Date. The Effective Date <br />of this Agreement shall be the date upon which the County shall have approved the <br />execution of this Agreement, either by approval by the Indian River County Board of <br />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 <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 wntten 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 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 />4.3.1 There are no existing or pending special assessments affecting the Property, which <br />are or may be assessed by any governmental authority, water or sewer authority, school <br />2 <br />
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