Laserfiche WebLink
ORIGINAL46r) 874 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMEN� TO PURCHASE AND SELL REAL ESTATE (`'Agreement") is made <br /> and entered into as of the 5' day of May, 2008 by and between Grenfall J . Beachler and Donna B . <br /> Beachler, his wife ("Sellers") and Indian River County, a political subdivision of the State of Florida <br /> ("County"), 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 at 4310 8th Street, Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A," containing <br /> approximately 6,538 square feet, more or less, and all improvements thereon, together with all <br /> easements, 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 Property and <br /> improvements shall be Fifty-Thousand Dollars & 00/ 100 ($50,000 .00) the purchase price is for the <br /> 6 , 538 . 0 square feet of right-of-way along 43" Avenue and the northwest comer of 8th Street, <br /> $3100 .00 . A I W temporary construction running adjacent to the right-of-way will also be granted. <br /> An additional $ 19,000 .00 is being paid for the loss of numerous large oaks and palms along with <br /> miscellaneous plant material and irrigation equipment for the total of $50,000 . 00. The Purchase <br /> Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon <br /> which the County shall have approved the execution of this Agreement, either by approval by the <br /> Indian River County Board of County Commissioners at a formal meeting of such Board or by the <br /> County 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 /> FA\Engineering\Robert Webb\43rd ave . capita1\43rd Ave\43rd Age_Land AcquisitionTarcel 101 _Beachler Grenfall J and Donna <br /> BTurchase Agreemcnt.Beachler. 050808.doc <br />