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2006-244
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2006-244
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Last modified
8/22/2016 4:58:40 PM
Creation date
9/30/2015 9:51:32 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
07/11/2006
Control Number
2006-244
Agenda Item Number
9.A.1.
Entity Name
Viola S. Judah, Diane W.Lloyd, Burney Carter, Esq., Heather Upto
Subject
Burney J. Carter,Esq.(Gdn.ad Litem)Heather Evelyn Upton
amendment to option agreement for sale and purchase
Supplemental fields
SmeadsoftID
5719
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all provisions of this Agreement applicable to the sale and purchase of the Property described in Exhibit <br /> "A" shall also apply to the sale and purchase of the Property described in Exhibit "B", subject to the <br /> provisions of this paragraph 31 . The purchase price for the Williams tract shall be FOUR HUNDRED <br /> AND FIFTY THOUSAND D6LL#RS ($450,000) AExercise by Purchaser of the option shall constitute <br /> the exercise of the option on all tracts; provided that closing on the Exhibit `B" Property shall then <br /> become subject to the conditions set forth in this paragraph and the requirements of this Agreement In <br /> addition to other conditions set forth in this Agreement, Purchaser ' s obligation to close on the Wilfliams <br /> tract shall be specifically conditioned upon the prior happening of the all events set forth below in this <br /> paragraph. Should any one or more of those events riot occur, the Purchaser may, at its option and in its <br /> sole discretion, terminate this Agreement as to the Exhibit "B " Property effective upon the mailing of <br /> written notice of such termination to Seller/ Upon the mailing of such notice this Agreement shall <br /> terminate as to the Exhibit `B" Property and neither party shall have any further obligations as to the <br /> Exhibit `B" Property under this Agreement. /The Seller' s obligation to the sale and purchase of the <br /> Williams tract shall survive the closing on the Exhibit "A" Property and be a continuing obligation of this <br /> Agreement, which shall terminate upon the written agreement of the Purchaser, or December 31 , 2010 , <br /> whichever is earlier. The following are conditions of closing for the Williams tract: <br /> (a) Closing on the Exhibit "A" Property in accordance with this Agreement. <br /> (b) Purchaser determination, in its sole discretion, that the existing quiet title suit in the case of <br /> Viola Judah vs . Heather Evelyn Upton, Robert Stephen Williams, and others, Case N. 20050809 CA 13 <br /> (Circuit Court of Indian River County) , has been successfully concluded, unrestricted fee simple title is I <br /> vested in Seller, and Seller is fully capable of transferring title to the Exhibit `B" Property to Purchaser in <br /> accordance with this Agreement. The Purchaser shall make this determination within 21 days after <br /> receipt by Purchaser from Seller of a certified copy of the court order, and all other documentation <br /> reasonably required by the Purchaser to make such determination. Such determination by Purchaser shall <br /> begin a 90 day period for completion of all the requirements of this Agreement for the Williams tract <br /> closing, including but not limited to those pertaining to the title commitment, survey, and environmental <br /> assessment. Purchaser shall notify Seller of the completion of such requirements prior to the end of this <br /> 90 day period, and closing on the Williams tract shall be held within 30 days thereafter. <br /> (c) Purchaser' s approval as to the Williams tract of: the survey, title commitment and <br /> environmental assessment; that the purchase price does not exceed the appraised value based on review of <br /> the survey, title and environmental assessment; all Seller' s documentation, and representations and <br /> warranties, as required by the Agreement; and all closing documentation, including the warranty deed, <br /> bill of sale, affidavits , closing statement and other closing documents reasonably required by Purchaser. <br /> 32 . PAYMENT OF PURCHASE PRICE. The purchase price indicated in paragraph 3A includes <br /> both riverfront tract (owned by Viola S . Judah) and flag tract (owned by Diane W . Lloyd) . At the request <br /> of Seller it is agreed that at the closing on these two tracts the Purchaser shall present payment (c/o the <br /> closing agent, and subject to closing costs) as follows: $750,000 to Viola S . Judah, and $300 ,000 to <br /> Diane W . Lloyd, making a total of $ 1 ,050,000 . In addition it is agreed that at the closing on the Williams <br /> tract in accordance with paragraph 31 hereof, the Purchaser shall present payment (c/o the closing agent, <br /> and subject to closing costs) for the total price of $450,000 to Viola S . Judah. <br /> 33 . BOND COUNSEL OPINION . The closing on both Exhibit "A" Property and Exhibit `B" <br /> Property will be conditioned upon receipt by the Purchaser of an opinion of the County ' s Bond Counsel <br /> that the exercise of the option granted in this Agreement, and the subsequent acquisition of the Property <br /> as contemplated herein, using bond proceeds from the tax exempt general obligation bonds issued by <br /> Indian River County as contemplated by Resolution No . 2005 -059 adopted May 17 , 2005 (as <br /> supplemented); Resolution 2004-062 , adopted June 22, 2004; and the "2004 Referendum" (as that term <br /> 2/17/06 <br /> Page 9 <br /> 278 <br />
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