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2008-175
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2008-175
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Last modified
4/4/2016 1:39:44 PM
Creation date
10/1/2015 12:12:49 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/03/2008
Control Number
2008-175
Agenda Item Number
8.DD.
Entity Name
Frost, Anne
Subject
Grant of Easement Agreement
Area
9300 Highway A1 A
Supplemental fields
SmeadsoftID
7049
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description attached as Exhibit "A", (5 ' x 30 ' or150 square feet 0 . 0034 acres) , (collectively, <br /> the " Easement") . <br /> 2 . Purchase Price . Effective Date . The purchase price ("Purchase Price") for the <br /> Easement shall be the County connecting Seller's commercial building at 9300 Highway A- <br /> 1 -A, Vero Beach , FL to the County water and sewer system at no charge to Seller. The <br /> connection shall be made upon completion of the installation of the sewer service to the <br /> area . Following the installation of the contemplated improvements , the County agrees to <br /> replace all landscaping within the easement area to the condition existing as of the date of <br /> this Agreement . In addition to the foregoing , The County agrees to replace and/or repair <br /> all damages to the property of Seller arising from or in any way related to the construction <br /> of the contemplated improvements , including , but not limited to replacement repair or re- <br /> positioninccof Selle[[s irri � tion system including pumps , piping , sprinklers and electrical <br /> f1onn <br /> cec ions4 h #Fec�ivefate 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 <br /> River County Board of County Commissioners at a formal meeting of such Board or by the <br /> County Administrator pursuant to his delegated authority. <br /> 3 . Title . Seller shall convey marketable title to the Property by utility easement, free of <br /> claims, liens , easements and encumbrances of record or known to Seller except as noted <br /> in Exhibit "A" ; but subject to property taxes for the year of Closing and covenants , <br /> restrictions and public utility easements of record provided (a) there exists at Closing no <br /> violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended <br /> use and development 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 Easement <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 /> 2 <br />
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