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1/8/2019 10:52:05 AM
Official Document Type
Agenda Item Number
Gregory, Michael W. M.D.
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GIFT AGREEMENT <br />THIS AGREEMENT CONCERNING OSLO CEMETERY ("Gift Agreement") is made <br />and entered into the 18day of December, 2018 by and between INDIAN RIVER COUNTY, a <br />political subdivision of the State of Florida (hereinafter referred to as "County"), and MICHAEL <br />W. GREGORY, M.D., individually, d/b/a OSLO CEMETERY, INC., unincorporated, <br />(hereinafter referred to as "Owner"). <br />WITNESSETH: <br />WHEREAS, in 1986, the County deeded to Jane Louise Gregory a portion of land in <br />Indian River County known as Oslo Cemetery, as set forth in the legal description in Exhibit "A" <br />to the Corrective Deed of October 16, 1986 in O.R. Book 749, pages 1790 and 1791 ("the 1986 <br />Deed"), and as more specifically described in Exhibit "A" hereto ("the Property") <br />WHEREAS, the 1986 Deed provided in part that "GRANTOR [sic] HEREBY AGREES <br />that said [P]roperty shall forever be used and maintained solely as a cemetery for the burial of <br />deceased persons"; and <br />WHEREAS; the 1986 Deed further provided that "if this [P]roperty is ever not so used, <br />then it shall automatically revert to the Grantee [sic]"; and <br />WHEREAS; in 2012, Jane Louise Gregory conveyed the Property to Oslo Cemetery, Inc. <br />(Owner) by Quit -Claim Deed in Book 2579, pages 798-800; and <br />WHEREAS, the 2012 Quit -Claim Deed provided "THAT GRANTEE HEREBY <br />AGREES that said [P]roperty shall forever be used and maintained solely as a cemetery for the <br />burial of deceased persons, and, if this [P]roperty is ever not so used, then it shall automatically <br />revert to the Grantor"; <br />WHEREAS, Owner now wishes to donate the Property to the County; <br />NOW, THEREFORE, the parties hereto do hereby covenant and agree as follows: <br />1. Recitals. The recitals set forth hereinabove are true and correct in all respects and <br />are, incorporated herein by reference as if set forth herein verbatim. <br />2. Owner's Gift to County. No goods or services were provided by the County as <br />consideration.for this Gift Agreement. <br />3. Conveyance of Properly to County. As a donation to County, Owner agrees to <br />execute and deliver to County, simultaneously with the execution of this Gift Agreement, a Quit - <br />Claim Deed conveying to County all of Owner's title and interests in and to the Property <br />described in Exhibit "A", attached hereto and incorporated herein by reference, subject to the <br />burial rights in two plots described in Paragraph 9, below. The Quit -Claim Deed shall be in form <br />and content as set forth in Exhibit `B", attached hereto and incorporated herein by reference. <br />Owner agrees to pay the cost of state documentary stamps and recording fees for the recording of <br />the Quit -Claim Deed. <br />4. -Maintenance of Oslo Cemetery. County, County's agent and any future successors <br />or assigns shall use and maintain Oslo Cemetery solely as a cemetery for the burial of deceased <br />02073544.v1 <br />
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