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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prior to the Closing Date (except current taxes which are not yet due and payable ) shall be paid <br /> by the Seller . If the Closing Date occurs during the time interval commencing on November 2 <br /> and ending on December 31 , Seller shall pay all current real estate taxes and special <br /> assessments levied against the Property , prorated based on the "due date " of such taxes <br /> established by the taxing authority having jurisdiction over the Property. If the Closing Date <br /> occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes <br /> section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , <br /> prorated to the Closing Date . <br /> 7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 7 . 1 County shall pay the following expenses at Closing : <br /> 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by <br /> Seller pursuant to this Agreement . <br /> 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . <br /> 7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and <br /> policy , if any . <br /> 7 . 2 Seller shall pay the following expenses at or prior to Closing : <br /> 7 . 2 . 1 All costs necessary to cure title defect( s ) or encumbrances , other than the <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property . <br /> 7 . 3 The Seller and County shall each pay their own attorneys ' fees . <br /> 8 . Miscellaneous . <br /> 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida . Venue shall be in Indian River County for all state court matters , <br /> and in the Southern District of Florida for all federal court matters . <br /> 8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction , County shall <br /> have the option to either terminate this Agreement , and the obligations of all parties hereunder <br /> shall cease , orto proceed , subject to all otherterms , covenants , conditions , representations and <br /> warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive <br /> title to the Property; receiving , however, any and all damages , awards or other compensation <br /> arising from or attributable to such acquisition or condemnation proceedings . County shall have <br /> the right. to participate in any such proceedings . <br /> 8 : 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties <br /> FAPublic Works\Capital Projects\Misc.Agreements\Cata. BarberSt. 3-23-04.doc 3 <br />
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