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2009-172
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2009-172
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Last modified
3/9/2016 1:32:48 PM
Creation date
10/1/2015 3:38:26 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/09/2009
Control Number
2009-172
Agenda Item Number
13.A.
Entity Name
Gary D. Brown
Subject
Right of Way purchase 66th Ave. expansion
Area
53rd. St. and 66th Ave.
Supplemental fields
SmeadsoftID
10698
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2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase from Seller , upon the terms and conditions <br /> set forth in this Agreement , that certain parcel of real property located on 66 "' Avenue , <br /> Vero Beach , Florida and more specifically described in the sketch and legal description <br /> attached as Exhibit "A" , containing approximately 6 . 331 acres , and all improvements <br /> thereon , together with all easements , rights and uses now or hereafter belonging <br /> thereto ( collectively , the " Property" ) . <br /> 3 . Purchase Price Effective Date . The purchase price ( " Purchase Price " ) for the <br /> Property shall be established by the Cherry Lane Cattle , LLC appraisals which is <br /> mutually agreed upon by the parties . The Purchase Price shall be THREE HUNDRED <br /> AND FIFTY TWO THOUSAND , THREE AND 60 / 100 DOLLARS ( $ 352 , 003 . 60 ) based <br /> on 6 , 331 acres at $ 55 , 600 per acre . The Purchase Price shall be paid on the Closing <br /> Date . The Effective Date of this Agreement shall be the date upon which the County <br /> 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 <br /> the County Administrator pursuant to his delegated authority. <br /> 4 . Title . Seller shall convey marketable title to the Property by warranty deed free <br /> of claims , liens , easements and encumbrances of record or known to Seller except as <br /> noted in Exhibit "A" ; but subject to property taxes for the year of Closing and covenants , <br /> restrictions and public utility easements of record provided ( a ) there exists at Closing no <br /> violation of any of the foregoing ; and ( b ) none of the foregoing prevents County ' s <br /> intended use and development of the Property ( " Permitted Exceptions " ) . <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 Seller of title defects . Title <br /> 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 Seller cures the defects <br /> 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 <br /> if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) <br /> days from the end of the Curative Period to elect , by written notice to Seller , to : <br /> ( i ) to <br /> terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) <br /> extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to <br /> existing defects and proceed to closing . <br /> 5 . Representations of the Seller . <br /> 511 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is <br /> the sole owner of and has good right , title , and authority to convey and transfer the <br /> Property which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> Page 2 of 6 <br />
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