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HomeMy WebLinkAbout2011-262 ORIGINAL 12 . 201 1 6 . D . AGREEMENT TO PURCHASE AND SELL REAL ESTATEv BETWEEN INDIAN RIVER COUNTY a AND MEREDITH HICKMAN AND LEE MICHAEL CANESTRARI THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 20th day of December, 20111 by and between Indian River County , a political subdivision of the State of Florida ( " Seller") , and Meredith Hickman and Lee Michael Canestrari , as joint tenants with rights of survivorship , ( " Buyers " ) , who agree as follows : 1 . In consideration of the mutual promises herein contained , Seller agrees to sell and convey and Buyer agrees to buy and pay for, in accordance with the terms and conditions of this contract , the property known as a strip of land 33 . 67 feet wide and 302 feet long , located on the northwest corner of 8t" Street and 24t" Avenue , including appurtenant easements and other rights of record , and hereinafter referred to as " Property" . Such property is more fully described as follows : GLENDALE TERRACE SUB , BLOCK 2 , LOT 5 , PBI 5 -66 Permanent Parcel No . 33 -39 - 11 -00020 -0020 -00005 . 0 2 . Buyers agree to pay for the Property the sum of $4 , 500 . This amount shall be paid at closing . 3 . Seller agrees to furnish a County deed , conveying to Buyer in joint and survivorship form , in fee simple title free and clear of all encumbrances except , easements , and rights of ways of record , and conditions and restriction of record . 4 . Buyer may chose to secure a policy of title insurance at Buyers expense . If any defect in title is discovered prior to the time of the closing and if it is not waived in writing by Buyer , Seller shall have a reasonable extension of time for closing , but in no event more than sixty ( 60 ) days from the date Seller is notified of the defect , for removal of said defect . 5 . All real estate taxes , assessments and rents , if any , shall be pro- rated as of the date of transfer . 6 . Closing shall take place on or before January 23 , 2012 . Seller agrees to deliver possession upon transfer of title . 7 . The Buyers have examined the property and agree that the property is being purchased in its present " as is " physical condition . Buyers have not relied upon any representations , warranties or statements about the condition of the property . 8 . The parties acknowledge and represent that no real estate agent or broker has been used in this transaction . 9 . Controlling Law . This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 10 . Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements , written or oral , between the Seller and Buyer relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties . 11 . Assignment and Binding Effect . Neither Seller nor Buyer may assign its rights and obligations under this Agreement without the prior written consent of the other party . The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . 12 . Notices . Any notice shall be deemed duly served if personally served or if mailed by certified mail , return receipt requested , or if sent via " overnight" courier service or facsimile transmission , as follows : If to Seller : Indian River County 1801 27th Street Vero Beach , FL . 32960 Attn : Land Acquisition /Louise Gates If to Buyers : Meredith Hickman & Lee Michael Canestrari 24168 th Street Vero Beach , FL . 32960 Either party may change the information above by giving written notice of such change as provided in this paragraph . 13 . County Approval Required : The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS A' 4AA Gary C . W eler , Chairman Pereickman Date _ - -� .. ., . 0 BCC 12 / 20 / 11 ' • ••.,9�, / e Mi anestrari Date r3: • s AT '•?•4, 3 on , Cle o irc t Court /Deputy Clerk Aproved : Approved asy" to a 'iciency : rm seph A , Baird, County Administrator County Attor ey Parcels #33-39- 11 -00020-0020-00005 . 0 This document was prepared by and should be returned to. Indian River County Attorney 's Office _ 20 1 1801 27th Street Vero Beach, FL 32960 Q �. COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED , made this 11th day of January , 2012 , by INDIAN RIVER COUNTY, FLORIDA , a political subdivision of the State of Florida , party of the first part , whose address is 1801 27th Street , Vero Beach , Florida 32960 , and MEREDITH HICKMAN and LEE MICHAEL CANESTRARI , as joints tenants with rights of survivorship , whose address is 2416 8th Street , Vero Beach , FL 32960 , party of the second part , Witnesseth : That the said party of the first part , for and in consideration of the sum of Ten Dollars to it in hand paid by the party of the second part , receipt whereof is hereby acknowledged , has granted , bargained , and sold to the party of the second part , its heirs and assigns forever , the following described lands lying and being in Indian River County , Florida : Lot 5 , Block 2 , GLENDALE TERRACE , according to the Plat thereof, as recorded in Plat Book 5 , at Page 66 , of the Public Records of Indian River County, Florida . IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners , acting by the Chairman of said Board , the day and year aforesaid . INDIAN RIVER COUNTY , FLORIDA Attest : J . K . on , Cler By its Board of County Commissioners B Deputy Clerk By �. •'" COMM/ • �t;� • • • • • • • • ssGary if4heeler , Chairman BOJ,•• , F ( Official Seal ) •'* �' 1BCC approved : Approved as to form and i legal sufficiency � 's , 00 � lit 1 move William K . DeBraal �. __ .9 : �u � � . _ �• 4 ��SSIOpq�;. . STATE OF FLORIDA •t ,•, • . • • • • • • . E Deputy County AttorneycrAN RIVER coUN r , �� : * •: PHIS IS TO CER THAT THIS IS ' A TRUE AND C RR T COPY O ` • " THE ORI IN O FCIt HI • ; Q: OFFICE C .I F BAR , CL Y •� • �: D . C . : . . , . . •�';. DATE I O •••�O�gNRNG � �� \,C,,