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12/11/2018
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12/11/2018
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Last modified
1/25/2021 12:57:18 PM
Creation date
2/1/2019 4:54:28 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/11/2018
Meeting Body
Board of County Commissioners
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2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the <br />Property shall be $15,000.00 (Fifteen Thousand and 00/100 Dollars) plus $1,500.00 will be <br />paid for a 10 foot Temporary Construction Easement as described on Exhibit "C" attached, <br />and $1,750.00 in attorney's fees. The total paid on the Closing Date will be $18,250.00. <br />The Purchase Price shall be paid on the Closing Date. The Effective Date of this <br />Agreement shall be the date upon which the County shall have approved the execution of <br />this Agreement, either by approval by the Indian River County Board of County <br />Commissioners at a formal meeting of such Board or by the County Administrator pursuant <br />to his delegated authority. <br />2.2 The Seller agrees that the purchase price ("Purchase Price") of $15,000.00 will <br />cover all project impacts including relocation of the irrigation system. <br />2.3 The Seller will relocate the fence within 60 days' notice that the County has gone out <br />to bid on the 66th Avenue road improvements. <br />2.4 At the time of road construction, the County will install a 24' wide concrete driveway <br />to seller's property, a copy of the construction plans showing the 24' enlarged driveway are <br />attached to this Agreement as Exhibit "D". <br />2.5 The County will issue a zoning confirmation letter in recordable form stating that the <br />remaining property after the take, although less than 200,000 sq. ft. is a legal lot in the A-1 <br />zoning district. <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 />2 <br />62 <br />
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