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. <br /> incorporated herein <br /> 2. Agreement to Purchase and Sell. Lockwood hereby agrees to sell to the County, <br /> and the County hereby agrees to purchase from Lockwood, upon the terms and conditions <br /> set forth in this Agreement, that certain parcel of real property located at the north west <br /> corner of 17th Street SW and 27th Avenue, Vero Beach, Florida and more specifically <br /> described in the sketch and legal description attached as Exhibit "B", containing <br /> approximately 0.6.1 acres, and all improvements thereon, together with all easements, <br /> rights and uses now or hereafter belonging thereto. <br /> 2.1 Consideration, Effective Date. The Consideration for the Property shall be the <br /> construction of a south bound right turn lane on 27th Avenue to 17th Street SW, Vero <br /> Beach, FL (Improvements). The County shall have the Improvements constructed <br /> pursuant to a Developer Agreement with the developer of the adjacent Millstone Landing <br /> subdivision. The Improvements shall be designed, permitted and constructed without cost <br /> or expense to Lockwood. The Parties agree that construction of the Improvements shall <br /> take place within one year after the closing of this transaction. The Effective Date of this <br /> Agreement shall be the date upon which the County shall have approved the execution of <br /> this Agreement by the Indian River County Board of County Commissioners at a formal <br /> meeting of such Board. This Paragraph 2.1 and the County's obligations herein shall <br /> survive closing, and in the event of non-compliance by the County, Lockwood, shall be <br /> entitled to injunctive relief to enforce compliance. <br /> 3. Title. Lockwood shall convey marketable title to the Property by Warranty Deed free <br /> " of claims, liens, easements and encumbrances of record or known to Lockwood; but <br /> subject to property taxes for the year of Closing and covenants, restrictions and public <br /> utility 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 /> 4. Representations of Lockwood. <br /> 4.1 Lockwood is indefeasibly seized of marketable, fee simple title to the Property, and <br /> is the sole owner of and has good right, title, and authority to convey and transfer the <br /> Property which is the subject matter of this Agreement, free and clear of all liens and <br /> encumbrances. Lockwood shall not be required to incur any cost or expenses to clear title, <br /> remove clouds on title or to delete any exceptions from title insurance coverage. <br /> 4.2 From and after the Effective Date of this Agreement, Lockwood 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 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 /> 2 <br />