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2008-367
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2008-367
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Last modified
4/18/2016 1:57:20 PM
Creation date
10/1/2015 1:06:19 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2008
Control Number
2008-367
Agenda Item Number
8.G.
Entity Name
James and Lorine Jenkins
Subject
Purchase Agreement Right of Way Acquisition Oslo Road Expansion
Area
840 and 850 Oslor Road
Supplemental fields
SmeadsoftID
8100
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forth in this Agreement , those certain parcels of real property located at 840 and 850 Oslo <br /> Road , Vero Beach , Florida, and more specifically described in the sketch and legal <br /> description attached as Exhibit "A" , containing approximately 0 . 24 acres ; and all <br /> improvements thereon , together with all easements , rights and uses now or hereafter <br /> belonging thereto; <br /> 2 , Purchase Price Effective Date .. The purchase price ("Purchase Price" ) for the <br /> Property shall be One Hundred five thousand four hundred eighty dollars ( $ 105 , 480 . 00) as <br /> established by an appraisal performed by Armfield -Wagner Appraisal and Research who <br /> was mutually agreed upon by the parties . The County shall pay and Sellershall acceptthe <br /> appraised value of the Property as the Purchase and Sale price of the Property . 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 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 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 flake no action <br /> which would impair or otherwise affect title to any portion of the Property , and shall record <br />
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