3/11/2016 11:30:23 AM
10/1/2015 3:46:12 AM
Official Document Type
Agenda Item Number
Michael and Diana Ciemko
Right of Way Acquisition 43rd Avenue
Temporary Construction Easement
1160 43rd Ave.
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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 8th day of September , 2009 by and between Michael Ciemko and <br /> Diana Ciemko , his wife , (" Sellers ") and Indian River County, a political subdivision of the State of <br /> Florida ("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 1160 43rd Avenue, Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A," containing <br /> approximately 1200 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 <br /> shall be FourJhousand-Eight- Hundred Dollars & 00/ 100 ($4 . 800 . 00) . The Purchase Price shall be <br /> X . The Effective Date of this Agreement shall be the date upon which the <br /> paid on the Closing Dat <br /> County shall have approved the execution of this Agreement, either by approval by the Indian River <br /> County Board of County Commissioners at a formal meeting of such Board or by the County <br /> Administrator pursuant to his delegated authority . <br /> 3 <br /> . 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 /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> or any other special taxing district. <br /> F :\Engineering\Robert Webb\43rd ave . capital\43rd AveA3rd Ave_Land Acquisition\Parcel 160_Ciemko MichaelTurchase <br /> Agreement. C iemko. 05 2009 . doe <br />
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