Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
2- <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE 3.46 6 ' 0 / 40 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement " ) is made <br /> and entered into as of the 3rdday of January , 200 6 , by and between Indian River <br /> County , a political subdivision of the State of Florida ( " County" ) , and Wayne Collier a/k/a <br /> Matthew Wayne Collier , ( " Seller" ) , who agree as follows : <br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the <br /> County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this <br /> Agreement , that certain parcel of real property located on the west side of 58th Avenue , <br /> approximately '/4 mile south of Oslo Road , County of Indian River , State of Florida and more <br /> specifically described on Exhibit "A" attached hereto and incorporated by this reference <br /> containing approximately 2 . 24 acres , and all improvements thereon , together with all easements , <br /> rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . <br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the <br /> Property shall be Ninety- One Thousand , One Hundred Dollars ( $ 91 , 100 . 00 ) , broken down as <br /> follows : Land $ 89 , 600 . 00 ( 2 . 24 Acres @ $40 , 000 per acre ) , and Fencing $ 1 , 500 . 00* . The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be <br /> the date upon which the County shall have approved the execution of this Agreement , either by <br /> approval by the Indian River County Board of County Commissioners at a formal meeting of <br /> such Board or by the County Administrator pursuant to his delegated authority . * This payment <br /> shall constitute payment in full for the fencing situated within the Exhibit "A" property . Thereafter, <br /> relocation of the fence shall be at Seller' s sole responsibility and expense <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , <br /> liens , easements and encumbrances of record or known to Seller ; but subject to property taxes <br /> for the year of Closing and covenants , restrictions and public utility easements of record provided <br /> ( a ) there exists at Closing no violation of any of the foregoing , and ( b ) none of the foregoing <br /> prevents County' s intended use and 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 fifteen ( 15 ) days following the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time <br /> specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from <br /> receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , <br /> by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon this Agreement shall <br /> be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 <br /> days ; or ( iii ) accept title subject to existing defects and proceed to 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 sole <br /> owner of and has good right , title , and authority to convey and transfer the Property which is the <br /> subject matter of this Agreement , free and clear of all liens and encumbrances . <br /> F :APublic Works\Capital Projects\58th Avenue 21 st St SW to Oslo Rd\58th Ave Agreements\Collierl 1 -8 -05 .doc j <br /> Return To Indian River County <br />