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Last modified
3/5/2021 12:33:31 PM
Creation date
10/16/2020 3:06:21 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/13/2020
Control Number
2020-219
Agenda Item Number
13.A.
Entity Name
Kinchen Groves, Inc.
Subject
66th Avenue Improvements Phase III
Area
7655 66th Avenue
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Board of County Commissioners at a formal meeting of such Board or by the County <br />Administrator pursuant to his delegated authority. <br />2.2 Drain Pipe. The property uses outfall drainage for storm water control to drain any <br />excess water into the adjacent Indian River Farms Water Control District drainage ditch. <br />This is in the area of take. The County will place a drain pipe and shut off gate on the <br />property to replace the current drainage this would put the owner back to where they were <br />at the time of take with the ability to drain excess water off the property and to the adjacent <br />canal. The drain pipe will be installed per Indian River Farms Water District requirements. <br />(see Exhibit "B" for sketch of drain pipe) <br />2.3 Attorneys Fees. Attorney's fees in the amount of $3,613.50 (Three Thousand Six <br />Hundred and Thirteen, 50/100 Dollars). This amount is the statutory attorney's fees amount <br />which is 33% (Thirty Three Percent) of the benefit conferred to the Seller. <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 represents to the parties to have marketable, fee simple title to the Property, <br />and 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. <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 />2 <br />
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