3/9/2016 9:40:32 AM
10/1/2015 3:35:49 AM
Official Document Type
Agenda Item Number
Right of Way Aquisition Oslo Road
4050 9th St. (Oslo Rd.)
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r ` � I <br /> v <br /> . p7 . <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 4_ day of 2009 by and between Indian River <br /> County , a political subdivision of the State o Florida ("County") , and Beale Holdings . Inc . <br /> ("Seller") , who agrees as follows : <br /> 1 . Agreement to Purchase and Sell and Grant . The Seller hereby agrees to sell to the Count}• . and <br /> the County hereby agrees to purchase from Seller. upon the terms hand conditions set forth in this <br /> Agreement, that certain parcel of real property located at 4050 9 Street ( aka Oslo Road) . V ero <br /> Beach, County of Indian River, State of Florida and more specifically described in Exhibit " A ," <br /> attached and incorporated by reference herein, containing approximately 13 . 158 square feet or 0279 <br /> acres, zoned CG . General Commercial , and all improvements thereon , together w ith all easements . <br /> rights and uses now or hereafter belonging thereto . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Propem shal I <br /> be Four Hundred Five Thousand and NO/ 100 Dollars (S 405 .000 . 00) , consisting of 5265 .652 for the <br /> right-of way property , 5118 , 378 for compensation for the bam and concrete paving around it . <br /> $ 13 , 000 to replace/repair the existing citrus grove trees and irrigation and a 3 °o real estate <br /> commission fee of 57 ,970 . The Purchase Price shall be paid on the Closing Date . The Effective Date <br /> of this Agreement shall be the date upon which the County shall have approved the execution of this <br /> Agreement, either by approval by the Indian River County Board of County Commissioners at a <br /> formal meeting of such Board or by the County Administrator pursuant to his delegated authority . <br /> 3 . Title . Seller shall convev 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 propem• taxes for the <br /> } ear 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 pre\ ents <br /> County' s intended use and development of the Property . <br /> 32 County may order an Ownership and Encumbrance Report with respect to the Property . <br /> Countv 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 ( " Curati . e <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, Countv shall have thirty- ( 30 ) days from the end of <br /> the Curative Period to elect, by 1A7itten 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 . 3 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 PropIem , 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 /> 1 <br />
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