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2003-156
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2003-156
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Last modified
10/21/2016 2:51:27 PM
Creation date
9/30/2015 6:37:36 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/01/2003
Control Number
2003-156
Agenda Item Number
7.P.
Entity Name
Paul Eugene and Cheryl Barkewell
Subject
Agreement to Purchase and sell real estate
Area
5610 41st Street
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3292
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0 R I G I N A L <br /> 0 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 16th day of June , 2003 by and between Indian River County, a political <br /> subdivision of the State of Florida ("County") , and Paul Eugene Barkwell and Cheryl Barkwell , as <br /> Co-Trustees of the Venture One Realty Retirement Trust uad January 1 , 1998 , who agree as follows : <br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County <br /> hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, <br /> that certain parcel of real property located at 5610 41St Street, County of Indian River, State of <br /> Florida and more specifically described on Exhibit "A, " containing approximately 18 , 174 square feet <br /> or 0 .42 acres and all improvements thereon , together with all easements , rights and uses now or <br /> hereafter belonging thereto (collectively, the "Property") . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property shall <br /> be Eleven Thousand Three Hundred Forty and 00/ 100 Dollars ($ 11 , 340 . 00) . The Purchase Price <br /> shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which <br /> the County shall have approved the execution of this Agreement, either by approval by the Indian <br /> River County 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 . 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 for the <br /> year of Closing and covenants , restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall , within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects ("Curative <br /> Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative Period, County shall have thirty (30) days from the end of <br /> the 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 to an <br /> additional 90 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 /> 4 . 2 From and after the Effective Date of this Agreement, Seller shall take no action which would <br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the <br /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> Standard Agreement to Purchase and Sell 1 <br /> Real Estate — Paul Eugene and Cheryl Barkwell <br />
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