3/7/2016 11:51:41 AM
10/1/2015 3:30:40 AM
Official Document Type
Agenda Item Number
Right of Way land acquisitation
825 Old Dixie
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Dov gr <br /> AGREEMENT TO PURCHASE AND SELL REAL E0) 1 N ,At <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement ' is made and <br /> entered into as of the21 day of 6Qri 1 2009 by and between Indian River County, a political <br /> subdivision of the State of Florida (" County") , and SDGR, LLC a Florida limited liability company <br /> ( " Sellers ") , who agree as follows : <br /> 1 . Agreement to Purchase and Sell The Seller hereby agrees to sell to the County , and the <br /> County hereby agrees to purchase from Seller , upon the terms and conditions set forth in this <br /> Agreement , that certain parcel of real property located at 825 Old Dixie Highway VeroBeach <br /> FL (see attached Exhibit "A ") County of Indian River , State of Florida and more specifically <br /> described on Exhibit "A " attached hereto and incorporated by this reference containing <br /> approximately 833. 0 square feet , and all improvements thereon , together with all easements , <br /> rights and uses now or hereafter belonging thereto ( collectively , the " Property " ) . <br /> 2 , Purchase Price , Effective Date The purchase price (the " Purchase Price ") for the <br /> property, shall be Tl: ree-tliousand-three-hundred- Thirty-two-and 00/00 Dollars ($3, 332. 00). The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date <br /> upon which the County shall have approved the execution of this Agreement, either by approval by the <br /> Indian River County Board of County Commissioners at a formal meeting of such Board or by the County <br /> Administrator pursuant to his delegated 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 provided <br /> ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing <br /> prevents County ' s intended use and development of the Property ( " Permitted Exceptions " ) . <br /> 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment <br /> with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of <br /> this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable <br /> to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County <br /> delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from <br /> County of title defects ( " Curative Period ") . Seller shall use best efforts to cure the defects within <br /> the Curative Period and if the title defects are not cured within the Curative Period , County shall <br /> have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller , to : <br /> ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend <br /> the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects <br /> 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 <br /> the Public Records which would affect title to the Property , without the prior written consent of <br /> the County . <br /> 4 . 3There are no existing or pending special assessments affecting the Property , which are or <br /> FAEngineering\Robert Webb\SDGRLLCROWPU RAG REE . doc - I - <br />
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