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2021-143
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2021-143
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Last modified
6/10/2022 3:01:09 PM
Creation date
10/19/2021 9:32:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/21/2021
Control Number
2021-143
Agenda Item Number
8.S.
Entity Name
Bethel Jr., Calvin Arnold
Subject
Purchase agreement for stormwater and aquifer recharge in future 49th Street Right-of-Way.
3 parcels
Recorded Special Warranty Deed
Area
2690 49th Street and along 49th Street
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The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement <br />shall be the date upon which the County shall have approved the execution of this <br />Agreement, either by approval by the Indian River County Board of County Commissioners <br />at a formal meeting of such Board or by the County Administrator pursuant to his <br />delegated authority. <br />3. Title. Seller shall convey by Special Warranty Deed marketable title to the Property <br />by warranty deed free of claims, liens, easements and encumbrances of record or known to <br />Seller; but subject to property taxes for the year of Closing and covenants, restrictions and <br />public utility easements of record provided (a) there exists at Closing no violation of any of <br />the foregoing; and (b) none of the foregoing prevents County's intended use and <br />development 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 thirty (30) 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 <br />shall use reasonable efforts to cure the defects within the Curative Period and if the title <br />defects are not cured within the Curative Period, County shall have thirty (30) days from <br />the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this <br />Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative <br />Period for up to an additional 90 days; or (iii) accept title subject to existing defects and <br />proceed to closing. <br />3.2 This agreement is contingent upon a "clean" Phase 1 Environmental Assessment of <br />the Property for the County's intended use. The Seller shall permit access to the County <br />(or its agent) for such testing and examination needed for the Phase 1 Assessment upon <br />reasonable notice by the County. At the conclusion of the Phase 1 Assessment, the <br />property shall be returned to its original condition, ordinary wear and tear excepted. County <br />shall provide a copy of any such Phase 1 Environmental Assessment of the Property to <br />Seller and County shall indemnify and hold Seller harmless from any damages, claims, or <br />actions arising from or through County, or its agents, contractors and/or vendors access to <br />the Property as granted herein. <br />4. Representations of the Seller. <br />4.1 To the best of Seller's knowledge and without further investigation Seller is indefeasibly <br />seized of marketable, fee simple title to the Property, and is the sole owner of and has <br />good right, title, and authority to convey and transfer the Property which is the subject <br />matter of this Agreement, free and clear of all liens and 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 />2 <br />
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