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/d �J [7 � � <br /> ORIGINAL <br /> 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 1144-- day of December, 2007 by and between Sarah E. Fender, ("Seller") <br /> and Indian River County, a political subdivision of the State of Florida ("County"), who agree as <br /> 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 8525 US Highway 1 , Sebastian, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A" containing <br /> approximately .28 acres, more or less and all other 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 Five Hundred Thousand Dollars & 00/ 100 ($500,000.00). The Purchase Price shall be paid <br /> on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County <br /> shall have approved the execution of this Agreement, either by approval by the Indian River County <br /> Board of County Commissioners at a formal meeting of such Board or by the County Administrator <br /> pursuant to his delegated authority. The county shall pay a binder deposit or $5 , 000 . 00 to the <br /> Trank H. Fee , III , Esq . Trust Account upon acceptance. <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 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 Seller' s attorney, Frank H. Fee, III, shall provide a title insurance commitment to County <br /> within 10 days of the effective date of the agreement and an Owner' s Title Policy within 30 days of <br /> closing. The cost shall be borne by County. County shall, within thirty (30) days from receipt of the <br /> Title Insurance Commitment, deliver written notice to Seller of title defects . Title shall be deemed <br /> acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) <br /> County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from <br /> County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the <br /> Curative Period and if the title defects are not cured within the Curative Period, County shall have <br /> thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) to <br /> terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the <br /> Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and <br /> proceed to closing. <br /> 3 . 3 A boundary survey will be required to be prepared by Indian River County before 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 /> 1 <br />