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2010-295
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Last modified
2/23/2016 11:16:58 AM
Creation date
10/1/2015 1:34:47 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/16/2010
Control Number
2010-295
Agenda Item Number
8.S.
Entity Name
David and Barbara Hefflebower
Subject
Right of Way Purchase Agreement , recorded deed
66th Avenue expansion
Area
850 66th Avenue
Supplemental fields
SmeadsoftID
9227
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ORI[GINA]L <br /> forth in this Agreement that certain parcels of real property located on 850 66th Avenue , <br /> Vero Beach , Florida and more specifically described in the sketch and legal description <br /> attached as Exhibit "A " , fee simple , containing approximately 22 , 050 square feet to be <br /> used as right-of-way , all improvements thereon , together with all easements , rights and <br /> uses now or hereafter belonging thereto ( collectively , the " Property") . Also , a temporary <br /> construction easement containing 11 , 200 square feet ( shown as Exhibit " B " ) . <br /> 2 . 1 Purchase Price , Effective Date . The purchase price ( " Purchase Price " ) for the <br /> Property shall be $ 35 , 000 (Thirty- Five Thousand Dollars ) . In addition to the purchase price , <br /> the County agrees to pay at closing the amount of $ 35 , 000 to the Hefflebower' s to <br /> reestablish the landscape buffer along 8th Street . Please see addendum to Purchase <br /> Contract , ( shown as Exhibit " C ") . Furthermore , it will be the responsibility of the <br /> Hefflebowers to hire and pay contractors to move trees , landscaping and fencing . 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 record <br /> 2 <br />
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