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2009-277
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2009-277
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Last modified
3/15/2016 1:50:27 PM
Creation date
10/1/2015 3:56:16 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/20/2009
Control Number
2009-277
Agenda Item Number
13.A.
Entity Name
Hayes, Jefferson, Rue, Williams, Brinson, Rue
Subject
Purchase property for CR 510 Expansion
Area
6460 85th St. 6440 85th St.
Supplemental fields
SmeadsoftID
10849
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WHEREAS , Sellers and the County wish to avoid the risk , time and expense of <br /> litigation by entering into this agreement for sale and purchase of the Property ; <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter, the COUNTY and SELLERS agree as follows : <br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell The Sellers hereby agree to sell to the County , <br /> and the County hereby agrees to purchase from Sellers , upon the terms and conditions <br /> set forth in this Agreement , that certain parcel of real property located on CR 510 , <br /> Sebastian , Florida and more specifically described in the attached Exhibits "A " and " B " , <br /> containing approximately 5 , 500 square feet ( . 1263 acres ) and 2 , 600 square feet ( . 0597 <br /> acres ) , and all improvements thereon , together with all easements , rights and uses now <br /> or hereafter belonging thereto ( collectively , the " Property" ) . <br /> 3 . Purchase Price , Effective Date The purchase price ( " Purchase Price " ) for the <br /> Property shall be $ 38 , 000 . The Purchase Price shall be paid on the Closing Date , The <br /> Effective Date of this Agreement shall be the date upon which the County shall have <br /> approved the execution of this Agreement , either by approval by the Indian River <br /> County Board of County Commissioners at a formal meeting of such Board or by the <br /> County Administrator pursuant to his delegated authority . <br /> 4 . Title . Sellers shall convey marketable title to the Property by warranty deed free <br /> of claims , liens , easements and encumbrances of record or known to Sellers but subject <br /> to 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 <br /> development of the Property ( " Permitted Exceptions " ) . In the event Sellers are unable <br /> to convey marketable title to the Property by warranty deed free of claims , liens , <br /> easements and encumbrances of record or known to Sellers , County and Sellers shall <br /> proceed forward with a stipulated eminent domain taking to convey said title and to <br /> remove title defects . <br /> 4 . 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 Sellers of title defects . <br /> Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects <br /> within the time specified , or ( b ) County delivers notice and Sellers cure the defects <br /> within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative <br /> Period " ) . Sellers shall use best efforts to cure the defects within the Curative Period <br /> and if the title defects are not cured within the Curative Period , County shall have thirty <br /> ( 30 ) days from the end of the Curative Period to elect , by written notice to Sellers , to : ( <br />i ) <br /> to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) <br /> Page 2 of 7 <br />
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