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9/30/2015 7:34:31 PM
Official Document Type
Agenda Item Number
Hanson, Mark and Marolyn 135th St.
Donate Real Estate
Wauregan Avenue (135th Street)
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ORIGINAL <br /> 0 LM/ b <br /> AGREEMENT TO DONATE REAL ESTATE <br /> THIS AGREEMENT TO DONATE REAL ESTATE ("Agreement") is made and entered <br /> into as of the 24th day of March, 2004 by and between Indian River County, a political subdivision of <br /> the State of Florida ("County") , and Mark Severin Hanson and Marolyn Shannon Hanson, his wife <br /> (collectively " Seller") , who agree as follows : <br /> 1 . Agreement to Donate . Upon the terms and conditions set forth in this Agreement, that certain <br /> parcel of real property located at 135th Street (Wauregan Avenue) , County of Indian River, State of <br /> Florida and more specifically described on Exhibit "A," containing 0 . 26 acres , and all improvements <br /> thereon, together with all easements , rights and uses now or hereafter belonging thereto (collectively, <br /> the "Property") shall be donated by Seller to the County as a gift, and the County hereby accepts the <br /> donation of the Property as a gift from seller. <br /> 2 . Effective 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. <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , <br /> easements and encumbrances of record or known to Seller; but subject to property taxes for the year <br /> of Closing and covenants , restrictions and public utility easements of record provided (a) there exists <br /> at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County' s <br /> intended use and development of the Property. <br /> 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall , within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects ("Curative <br /> Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative Period, County shall have thirty (30) days from the end of <br /> the 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 to an <br /> additional 90 days ; or (iii) accept title subject to existing defects and proceed to 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 /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> 1 <br /> F : \Engineering\RonC\Word Docs\Mark and Marolyn Hanson - Agreement. doc <br />
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