2010-268 - Laserfiche WebLink

Home Browse Search

13 • A . AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 19th day of October , 2010 by and between Indian River County , a political subdivision of the State of Florida 1801 27th Street , Vero Beach , FL 32960 ( " County" ) , and Vero Estates , LLC , 1111 Kane Concourse , Suite 401 F Bay Harbor Islands , FL 33154 ( " Seller" ) , who agrees as follows : 1 . Agreement to Purchase and Sell and Grant The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement , a parcel of real property located at the northeast corner of County Road 510 and 66th Avenue , Indian River County and more specifically described in Exhibit "A" attached and incorporated by reference herein . Parcel 213 ( Exhibit "A" ) contains approximately 30 , 149 square feet or 0 . 69 acres , and shall be used as right-of-way for the County' s CR 510 Improvement Project . Seller further agrees to grant to the County a perpetual , non - exclusive easement for access and drainage over Parcel 500 described in Exhibit " B " attached hereto containing approximately 3 acres located at the northeast corner of County Road 510 and 66th Avenue , Indian River County to be used as a joint stormwater retention pond for the County' s 66th Avenue improvement project and Seller' s remainder parcel . Seller' s remainder parcel is defined as the real property owned by Seller at the northeast corner of County Road 510 and 66th Avenue , Indian River County less Exhibits "A" and " B " and referred herein as " Remainder Parcel " . Parcels 213 and 500 shall collectively be referred to as " Property" • 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property ( Parcels 213 and 500 ) shall be Two Hundred Forty Thousand Dollars ( $ 240 , 000 . 00 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all expert witness fees , costs and attorney' s fees incurred by Seller. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board . 3 . Title to Parcel 213 . Seller shall convey marketable title to Parcel 213 by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and subject to covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County' s intended use and development of Parcel 213 . 3 . 1 County may order an Ownership and Encumbrance Report with respect to Parcel 213 . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defect , but 1