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2009-024
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2009-024
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Entry Properties
Last modified
3/2/2016 9:32:52 AM
Creation date
10/1/2015 1:21:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/03/2009
Control Number
2009-024
Agenda Item Number
8.O.
Entity Name
Cherry Lane Cattle LLC - Russell Payne
Subject
Purchase Agreement Right-of-Way 66th. Avenue
Recorded Deed
Area
6800, 6810, 6820, 6830 33rd. St.
Supplemental fields
SmeadsoftID
8603
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ORIGINAL <br /> legal description attached as Exhibit "A" , containing approximately 0 . 068 acres , 0 . 310 , <br /> 0 . 309 and 0 . 069 acres totaling 0 . 756 acres and all improvements thereon , together with all <br /> easements , rights and uses now or hereafter belonging thereto ( collectively , the <br /> " Property " ) . <br /> 2 . 1 Purchase Price , Effective Date . The purchase price ( " Purchase Price " ) for the <br /> Property shall be $47 , 733 . 54 ( Forty Seven Thousand Seven Hundred Thirty-Three and <br /> 54/ 100 Dollars ) . The Purchase Price shall be paid on the Closing Date . The Effective <br /> Date of this Agreement shall be the date upon which the County shall have approved the <br /> execution of this Agreement , either by approval by the Indian River County Board of <br /> County Commissioners at a formal meeting of such Board or by the County Administrator <br /> pursuant to his delegated authority . <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 /> sole owner of and has good right , title , and authority to convey and transfer the Property <br /> 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 /> 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 /> 2 <br />
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