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2003-107
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2003-107
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Last modified
10/13/2016 4:18:19 PM
Creation date
9/30/2015 6:30:13 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/06/2003
Control Number
2003-107
Agenda Item Number
11.G.2.
Entity Name
Delores P. Willis
Subject
Agreement to purchase and sell real estate
Area
Oslo Rd P.O. Tract 13
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3232
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R <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 /> 5 . Default, <br /> 5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy <br /> hereunder, to terminate this Agreement. and neither the Seller nor any other person or party shall <br /> have any claim for specific performance, damages or otherwise against the County. <br /> 5 .2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall <br /> be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the <br /> Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain <br /> specific performance of the terms and conditions hereof; or (iii) waive the Seller ' s default and <br /> proceed to Closing : <br /> 6 . Closing . <br /> 6 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take <br /> place within 45 days following the Effective Date of this Agreement. The parties agree that the <br /> Closing shall be as follows : <br /> (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title <br /> to the Property, free and clear of all liens and encumbrances and in the condition required by <br /> paragraph 3 . <br /> (b) The Seller shall have removed all of its personal property and equipment from the Property <br /> and Seller shall deliver possession of the Property to County vacant and in the same or better <br /> condition that existed at the Effective Date hereof. <br /> (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, <br /> County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an <br /> affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not <br /> subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> (e) The Seller and the County shall each deliver to the other such other documents or instruments <br /> as may reasonably be required to Close this transaction . <br /> 7 . Proration . All taxes and special assessments which are a lien upon the property on or prior <br /> to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the <br /> Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending <br /> on December 31 , Seller shall pay all current real estate taxes and special assessments levied against <br /> the Property, prorated based on the "due date" of such taxes established by the taxing authority <br /> having jurisdiction over the Property. If the Closing Date occurs between January 1 and November <br /> 1 , the Seller shall, in accordance with Florida Statutes Section 196 .295 , pay an amount equal to the <br /> Standard Agreement — Indian River County and Delores P. Willis 2 <br />
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