3/1/2018 10:51:12 AM
4/20/2017 10:43:29 AM
Official Document Type
Agenda Item Number
Ellis and Kathleen Greene Janie Greene
Purchase Property Agreement
Indian River Farms Water Control District
North Relief Canal
N. side of 53rd St. East of 6th Ave.
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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 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 />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 />district, drainage district or any other special taxing district. <br />5. Default. <br />5.1 In the event the County shall fail to perform any of its obligations hereunder, the <br />Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br />delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br />any other person or party shall have any claim for specific performance, damages, or <br />otherwise against the County; or (ii) waive the County's default and proceed to Closing. <br />F-\Engineering\Monique Filipiak\STORMWATER Parcels\Janie E. Greene IRC Purchase Sell Agreement.doc <br />
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