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2009-184
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2009-184
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Last modified
3/10/2016 9:57:13 AM
Creation date
10/1/2015 3:40:49 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/23/2009
Control Number
2009-184
Agenda Item Number
8.I.
Entity Name
Richard Gallagher Jr.
Subject
Purchase Right of Way 66th Avenue Expansion
Area
6630 49th St.
Supplemental fields
SmeadsoftID
10719
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ORIGINAL <br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase from Seller , upon the terms and conditions set <br /> forth in this Agreement that certain parcel of real property located at 6630 49th Street , Vero <br /> Beach , Florida and more specifically described in the sketch and legal description attached <br /> as Exhibit "A" , fee simple , containing approximately 0 . 425 acres , and an access easement <br /> with sketch and legal description , attached as Exhibit " B " , containing approximately 0 . 134 <br /> acres , all improvements thereon , together with all easements , rights and uses now or <br /> hereafter belonging thereto ( collectively , the " Property" ) . <br /> 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price ") for the <br /> Property shall be $25 , 461 (Twenty Five Thousand Four Hundred Sixty-One Dollars ) . The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement <br /> shall be the date upon which the County shall have approved the execution of this <br /> Agreement , either by approval by the Indian River County Board of County Commissioners <br /> at a formal meeting of such Board or by the County Administrator pursuant to his delegated <br /> 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 record <br /> no documents in the Public Records which would affect title to the Property , without the <br /> prior written consent of the County . <br /> 2 <br />
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