2010-295 - Laserfiche WebLink

Home Browse Search

SECOND ADDENDUM TO AGREEMENT TO PURCHASE , SELL AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND DAVID L . AND BARBARA A . HEFFLEBOWER 1 . David L and Barbara A . Hefflebower executed an Areement to Purchase , Sell and Lease Real Estate between Indian River County (the " County") And David L . And Barbara A . Hefflebower (the " Sellers ") (the "Agreement" ) . 2 . County shall order a title commitment rather than and Ownership and Encumbrance Report . Upon receipt of said title commitment County shall , within fifteen ( 15 ) calendar days , tender a copy to Seller' s attorney . Seller shall not be obligated to cure any title defect , encumbrance , lien or mortgage ( " Title Issues " ) unless it is shown on the title commitment and only if requested by County as set forth in paragraph 3 . 1 . Seller shall not be obligated to incur any costs or expenses associated with curing any Title Issues . In the event Seller chooses not to incur costs or expenses curing any Title Issues , County may within five ( 5 ) calendar days : ( i ) cancel this agreement and be released from all obligations set forth in the Agreement ; ( ii ) agree to incur all costs and expenses needed to cure the Title Issues ( iii ) proceed with the closing subject to the Title Issues in which event the warranty deed shall list all title issues as exceptions from Sellers ' Warranty Deed . 3 . The County shall give reasonable notice to Sellers prior to letting the construction contract for bid so that Sellers can move their personal property pursuant to Paragraph 8 . 11 . The proposed right of way and the Temporary Construction Easement shall be staked prior to the Seller' s moving their personal property . 4 . This transaction is being performed under threat of condemnation by the County . 5 . For clarification , the Temporary Construction Easement only contains an Exhibit " B " a nd . does InOt contain an Exhibit "A . " 6 . Sellers shall only be required to relocate the trees in the right of way they wish to keep . The County shall be responsible for removing any other vegetation . 7 . The County shall ensure that both driveways are open for Seller' s use at all times except during brief periods of construction on the driveway itself. Access through both driveway entrances shall be maintained . The County shall reestablish the driveway and driveway apron . [ SIGNATURE ON PAGE 2 OF 2 ] 1