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2011-172
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2011-172
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Last modified
2/15/2016 9:22:36 AM
Creation date
10/1/2015 4:56:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-172
Agenda Item Number
8.NN.
Entity Name
Northern Trust NA
Subject
Agreement to Purchase Real Estate Intersection improvements High A1A
Right of Way Improvements
Area
SR A1 and 17th Street intersection
Alternate Name
Northern Trust Bank of Florida N>A>
Supplemental fields
SmeadsoftID
11667
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together with all easements , rights and uses now or hereafter belonging thereto <br /> (collectively, the " Property" ) . Seller, also agrees to execute a 10 feet wide temporary <br /> construction easement , provided by the County, running along the east line of the <br /> 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 $20 , 400 (Twenty Thousand Four Hundred Dollars ) , The County will also <br /> agreed to pay the cost of 300 square feet of pavement and required parking improvements <br /> calculated to be approximately $ 1 , 500 , plus the cost of a six ( 6 ) feet high thirty ( 30 ) feet <br /> long masonry wall , valued at $2 , 500 . The total Purchase Price of $24 , 400 shall be paid on <br /> the Closing Date , The Effective Date of this Agreement shall be the date upon which the <br /> County shall have approved the execution of this Agreement, either by approval by the <br /> Indian River County Board of County Commissioners at a formal meeting of such Board or <br /> by the County Administrator 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 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 /> 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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