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2008-257
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2008-257
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Last modified
4/8/2016 11:40:29 AM
Creation date
10/1/2015 12:29:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/19/2008
Control Number
2008-257
Agenda Item Number
8.M.
Entity Name
Eldell, David
Subject
Right of Way Acquisition 85th Stree Expansion
Area
5770/5750 85th. Street
Supplemental fields
SmeadsoftID
7530
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ORIGINAL <br /> forth in this Agreement , that certain parcel of real property located at 5770/5750 85th <br /> Street, Sebastian , Florida and more specifically described in the legal description attached <br /> as Exhibit "A" , containing approximately 0 . 50 acre , and all improvements thereon , together <br /> with all easements , rights and uses now or hereafter belonging thereto (collectively , the <br /> " Property") . <br /> 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price ") for the <br /> Property shall be $200 , 000 (Two Hundred Thousand Dollars) . The Purchase Price shall be <br /> 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 <br /> by the Indian River County Board of County Commissioners at a formal meeting of such <br /> Board or by the County Administrator pursuant to his delegated authority . <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of <br /> claims , liens , easements and encumbrances of record or known to Seller; but subject to <br /> property taxes for the year of Closing and covenants , restrictions and public utility <br /> easements of record provided (a) there exists at Closing no violation of any of the <br /> foregoing ; and (b) none of the foregoing prevents County's intended use and development <br /> 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 <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 within <br /> the time specified , or ( b) County delivers notice and Seller cures the defects within thirty <br /> (30) days from receipt of notice from County of title defects ("Curative Period ") . Seller shall <br /> use best efforts to cure the defects within the Curative Period and if the title defects are not <br /> cured within the Curative Period , County shall have thirty (30) days from the end of the <br /> 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 <br /> to an additional 90 days ; or (iii) accept title subject to existing defects and proceed to <br /> 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 <br /> sole owner of and has good right , title , and authority to convey and transfer the Property <br /> which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action <br /> which would impair or otherwise affect title to any portion of the Property , and shall <br /> record no documents in the Public Records which would affect title to the Property , <br /> without the prior written consent of the County . <br /> 2 <br />
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