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2009-127
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2009-127
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Last modified
3/7/2016 12:31:16 PM
Creation date
10/1/2015 3:32:51 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2009
Control Number
2009-127
Agenda Item Number
8.T.
Entity Name
Herbert T. James Jr. Trustee of Herbert T James Revocable Trust-
Subject
Right of Way Acquisition 66th Avenue
Area
53rd. Street
Supplemental fields
SmeadsoftID
10621
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ORICINAL <br /> 2 . 1 Purchase Price , Effective Date . The purchase price ( " Purchase Price ") for the Property <br /> shall be $28 , 980 (Twenty- Eight Thousand Nine Hundred Eighty and 001100 Dollars ) . In <br /> addition , the County agrees to pay $ 10 , 000 for reimbursement to drill an artesian deep well , <br /> attached proposal to this agreement as Exhibit " B " . The combined total of $ 28 , 980 + $ 10 , 000 = <br /> $ 38 , 980 . The Purchase Price shall be paid on the Closing Date . The Effective Date of this <br /> Agreement 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 at a <br /> 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 claims , <br /> liens , easements and encumbrances of record or known to Seller ; but subject to property taxes <br /> for the year of Closing and covenants , restrictions and public utility easements of record <br /> provided (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of <br /> the <br /> foregoing prevents County' s intended use and development of the Property ( " Permitted <br /> 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 the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time <br /> specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from <br /> receipt of notice from County of title defects ( " Curative Period " ) . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within <br /> the <br /> Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , <br /> by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no further <br /> force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept <br /> 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 <br /> would impair or otherwise affect title to any portion of the Property , and shall record no <br /> documents in the Public Records which would affect title to the Property , without the prior written <br /> consent of the County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which are or <br /> may be assessed by any governmental authority , water or sewer authority , school district , <br /> drainage district or any other special taxing district . <br /> 5 . Default . <br /> 2 <br />
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