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2024-017
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2024-017
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Last modified
2/8/2024 12:11:05 PM
Creation date
2/8/2024 11:05:00 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/09/2024
Control Number
2024-017
Agenda Item Number
13.B.
Entity Name
Indian River County Habitat for Humanity, Inc. (HFH
Subject
Agreement to Purchase and Sell Real Estate Donation of Former Gifford Gardens
4730 40th Avenue
Warranty Deed
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Property shall be ten dollars 10.00. The Purchase Price shall be paid on the Closing <br />Date. The Effective Date of this Agreement shall be the date upon which the County <br />approves the execution of this Agreement, either by approval by the Indian River County <br />Board of County Commissioners at a formal meeting of such Board or by the County <br />Administrator pursuant to his delegated authority. <br />3. Title. County shall convey marketable title to the Property by County Deed free of <br />claims, liens, easements and encumbrances of record or known to County; 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 Buyer's intended use and development <br />of the Property ("Permitted Exceptions"). HFH shall have 28 days from the date of this <br />agreement as its due diligence period during which time habitat may go onto the property <br />to inspect, test, survey or perform any other act which they deem appropriate in order to <br />determine the property's suitability for the intended use. HFH shall advise the County of <br />any issues that might affect suitability the parties shall make a good -faith effort to resolve <br />the issue prior to closing, termination, or agreement to extend the closing in order to <br />resolve the issue. <br />4. Representations of the County. <br />4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is <br />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, County 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 HFH. <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 />5. Default. <br />5.1 In the event HFH shall fail to perform any of its obligations hereunder, the County <br />shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br />delivered to HFH at or prior to the Closing Date; or (ii) waive the Buyer's default and <br />proceed to Closing. Neither the County nor any other person or party shall have any claim <br />for specific performance, damages, or otherwise against HFH. <br />5.2 In the event the County shall fail to perform any of its obligations hereunder, HFH <br />shall, at its sole option, be entitled to terminate this Agreement by written notice delivered <br />-z- <br />
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