8/30/2016 11:09:03 AM
9/30/2015 7:29:22 PM
Official Document Type
Agenda Item Number
Reinaldo and Leda Cata
Purchase Agreement Right of Way Barber Street
Tracy Drive City of Sebastian
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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> o <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement " ) is made <br /> and entered into as of the 2Wday of Apri 1 , 2004 , by and between Indian River <br /> County , a political subdivision of the State of Florida ( " County" ) , and Reinaldo Cata and Leda <br /> Cata , ( Collectively , " Seller" ) , 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 on the south side of Barber Street , 3 lots <br /> west of Tracy Drive , City of Sebastian , County of Indian River, State of Florida and more <br /> specifically described on Exhibit "A" attached hereto and incorporated by this reference <br /> containing approximately 10 , 000 square feet , 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 <br /> Property shall be Fifteen Thousand Dollars and No Cents ($ 15 , 000 . 00 ) . The Purchase Price <br /> 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 <br /> the 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 <br /> for the year of Closing and covenants , restrictions and public utility easements of record provided <br /> (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing <br /> prevents County's intended use and development of the Property ( " Permitted Exceptions " ) . <br /> 3 . 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 the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time <br /> specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from <br /> receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , <br /> by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further <br /> force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept <br /> 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 /> F:\Public Works\Capital Projects\Misc.Agreements\Cata.BarberSt.3-23-04.doc 1 <br /> Re-fuov To r . 12 . CouNTy <br />
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