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1996-018
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Last modified
10/14/2015 4:56:58 PM
Creation date
10/5/2015 3:32:42 PM
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Template:
Resolutions
Resolution Number
1996-018
Approved Date
02/06/1996
Resolution Type
Canceling taxes
Entity Name
Benjamin F. Bailey III
Subject
Right of Way - 58th Avenue
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THIS ADDENDUM TO CONTRACT FOR SALE AND PURCHASE is made <br />this f i day of ,G., Aly,/ .1995, by and between BEN F. BAILEY, III, "Seller"; and <br />INDIAN RIVER COUNTY, a political subdivision of the State of Florida, "Buyer", for the sale <br />and purchase of property in Indian River County, Florida, as more particularly described <br />therein. <br />Notwithstanding any other provision in the described Contract to the contrary, . <br />the following shall govern the contractual relationship between the parties on the topics <br />enumerated: <br />1. If I fts Highway, from the Ryanwood Shopping Center north to 26th <br />Street, is not widened and mon completed on or before January 1, 2000, the Real <br />Property conveyed to Buyer will automatically revert to Seller. The reverter language shall <br />be contained in the Deed of conveyance and shall be acceptable to Seller. <br />2. With the construction contemplated under paragraph 1 above, Buyer <br />represents that King's Highway will be a divided highway adjacent to Seller's remaining <br />property ("Seller's Property'), and in that regard, a median cut will be installed in King's <br />Highway to service Sellues Property, with appropriate stacking lane in the right-of-way so <br />that persons desiring to ingress Seller's Property traveling South on King's Highway may <br />do so, a copy of the proposed King's Highway improvements are attached. as Exhibit 1. <br />3. As part of the improvements to King's Highway contemplated by this <br />Addendum, the Buyer will oonabtact a sidewalk in accord with its specifications in the King's <br />Highway right-of-way. In lieu of constructing a sidewalk adjacent to Seller's Property on <br />26th Street, Buyer will deliver to Seller at closing the sum of One Thousand Dollars <br />($1,000.00). <br />4. All improvements contemplated under this Addendum shall be done <br />without assessment or cost to Buyer or any sucoessor owner of Seller's- Property. <br />S. Buyer agrees that Seller and its successors in interest of Seller's <br />Property will not as a condition of development of said property be required to provide <br />~-way for acceleration a deceleration either on Seller's Property, or in the adjacent <br />IGng's Highway. <br />G. In addition to access on King's Highway, Buyer agrees Seller's <br />Property will have ingress and egress access at its north boundary on 26th Street, at a <br />location acceptable to Seller and Buyer. <br />7. The Buyer agrees that since the Real Property is conveyed to it by <br />Seller without monetary consideration, Seller's Property will have transferred to it such <br />additional maximum units of residential density as would have been available under the <br />zoning density laws of Buyer in sffed at the times) of actual development of Seller's <br />Property, calculated to include the 1.032 acres of Real Property to be deeded to Buyer <br />under this oontra& <br />B. The terns of this Addendum shall be binding upon and inure to the <br />benefit of the parties, their heirs. su0cessors and assigns. <br />9. The Buyer shall lay the cost of recording the Deed and documentary <br />stamps testi Seller shall <br />pay for the 1995 real estate taxa: and its own attorneys fee:. <br />10. This Contract maybe execrated in any nwnber of duplicate originals <br />and any such duplicate criginet shall be deemed to constitute ons and the same it ahmw t. <br />11. No other understanding or agresmsnt, whether written or oral, *Wl <br />be valid unless incorporated in this Addendum or unless the parties agree to modify this <br />Addendum in writing. <br />
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