HomeMy WebLinkAbout2003-327 JAN-09-2004 11 : 16 P . 01
Colutract for Sale and Purchase
This Contract made this day of , 2003 , by and between
The City of Vero Beach, a municipal corporation of the State of Florida, 1053 20'h Place,
Vero Beach, Fl . 32960, Tel (772) 9784730 , hereinafter "City, " and Indian River County,
a political subdivision of the State of Florida, 1840 251h St. . , Vero Beach, Florida, 32960,
Tel (772) 567 - 8000, hereinafter " County, "
WITNESSES :
That for and in consideration of the premises and other good and valuable
consideration, the receipt of which is hereby acknowledged, the City and County agree as
follows :
1 . Sale & Purchase The City shall sell to the County and the County shall buy from the
City the real property with the legal descriptionias shown on Attachment A to this
contract (the "Property"), consisting of approximately 6 . 84 acres of land and generally
referred to as the City' s former public works facility .
2 . Purchase Price The purchase price for the Property shall be $ 860,000 (eight hundred
and sixty thousand dollars) payable by County warrant at closing.
3 . Closiniz Date and Location The closing shall take place on or about April 1 , 2004, at
the office of the City Attorney.
4 . Survey County shall provide a boundary survey to City at County ' s expense within a
reasonable time after the execution of this contract. The survey shall be certified by a
registered Florida surveyor.
5 . Title The City shall transfer title by statutory warranty deed. If title insurance is
desired by the County it shall be obtained by and at the expense of County.
6 , Defects In Title If the title insurance commitment or survey discloses any defects in
title that are not acceptable to County, City shall, within 90 days after notice ;from
County, remove said defects in title . City agrees to use diligent effort to correct the
defects in title within the timeframe provided. If City is unsuccessful in removing the
title defects within that time or if City fails to make a diligent effort to correct the title
defects , County shall have the option to either: ( a) accept the title as it then is with no
reduction in the total purchase price, (b) extend the amount of time that City has to cure
the defects in title, or (c) terminate this agreement, thereupon releasing County and City
from all further obligations under this agreement .
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7 . Leases City shall have all tenants notified to vacate the site by the closing date unless
the tenants have made other arrangements with the County. City will ensure that drums,
tanks and debris identified in the Phase II Environmental Assessment performed by
GeoSyntec Consultants are properly removed by tenants prior to closing , If any releases
and/or fines due to improper chemical storage and handling occur between execution of
this agreement and closing, Indian River County reserves the right not to close, or to
delay closing until such identified environmental hazards are removed by the tenants
and/or City.
S . Expenses Documentary stamps on the deed and recording of corrective instruments
shall be paid by City. County will pay the cost of recording the deed.
9 . Condition of Property+ City and County acknowledge that the buildings and structures
on the Property will be demolished by County to construct a new County Administration
complex . Therefore, City makes no warranties of any kind concerning the condition of
the buildings or other structures on the Property. County shall take the Property "AS-IS"
and shall make no claim against the City for any condition (other than as set out in 7
above) on, in, over, or under the Property, whether discovered before or after closing . In
this regard County acknowledges that it has had ample opportunity to inspect the
Property and perform what tests it desires , and is satisfied that the Property will suffice
for its intended use. City does warrant that there are no facts known to City materially
affecting the value of the Property which are not readily observable by County or which
have not been disclosed to County.
10. Development ARplications City grants County the autho6ty to initiate any needed
requests for land use modifications such as rezonings, plat vacations, street vacations,
easement releases , site plan applications, etc. prior to closing date. City reserves the right
to defer any decision on any and all such applications until after the actual closing date .
In Witness whereof the undersigned parties have executed this contract for sale
and purchase on the date written above.
ATTEST : CITY OF VERO BEACH, FLORIDA '
Sign: Sign;
Print : Tammy K. Voek Print : Sandra L . Bowden
Title ; City Clerk Title : Mayor
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i rr r r
Approved as to form and legal Approved as conforming to municipal
sufficiency: policy:
City Attorney City Manager/U ities Director
ATTEST: INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of the State of
/ CH
Sign: '
(24
Print#ft7effBartonf A HICIA M . R DGF. LY
TitleK Clerk of the Board of County
Commissioners , - Macht, Chairman
DEPUTY CLERK
BCC Approved : December 2 , 2003
Approved as to form and legal Approved as to technical requirements :
sufficiency : ,,
'"P
County Attorney es ' . handler
rtblulnty Administrator
This instrument prepared by the
Office of the City Attomey
P.O. Box 1399
VeTo Beach, FL 32961 - 1389
Indian River Co- App mvedd Date
Adoiinisti'asi�t _ _ l / �.s'
Legal
Budges tNJl
Ri3kMgt.
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ATTACHMENT A
Parcel 1 :
Lots 1 through 10, and Lots 12 through 16 , in Block 1 ; Lots 1 through 12 , and the Southerly 35
feet of Lot 13 , in Block 2 , BOOKER T. WASHINGTON ADDITION TO THE TOWN OF
VERO, according to the Plat thereof, as recorded in Plat Book 2, at Pages) 34 , of the Public
Records of St. Lucie County, Florida, said lands now lying and being in Indian River County,
Florida.
Parcel 2 :
That part of the Southwest 1 /4 of the Southeast 1 /4 of Section 35 , Township 32 South,
Range 39 East, lying West of the East Lateral Canal, lying South of the Main Relief Canal, lying
North of 26th Street and lying East of the subdivision known as BOOKER T . WASHINGTON
ADDITION TO THE TOWN OF VERO, according to the Plat thereof, as recorded in Plat Book
2 , at Page(s) 34, of the Public Records of St. Lucie County, Florida, said lands now lying and
being in Indian River County, Florida .
Parcel 3 :
That portion of vacated right-of way formerly known as 17th Avenue lying South of Main Relief
Canal and North of 27`h Street , Vero Beach, Florida.
Less and except the following described parcel currently being used as a lift station :
Situated in the State of Florida, County of Indian River, City of Vero Beach and being
part of Lot 10 , Block I of Booker T . Washington Subdivision as recorded
In Plat Book 2 , Page 34 of the Public Records of St. Lucie County, said lands now lying
in Indian River County, also being a part of Scetion 35 , Township 32 South, Range 39
East, also being more particularly bounded and described as follows :
The South 25 . 00 feet of the East 50. 00 feet of said Lot 10; said parcel containing 1 ,250
square feet more or less_
Reserving and setting aside an easement for utility purposes as follows :
Situated in the State of Florida, County of Indian River, City of Vero Beach and being
part of the Southeast ;, of Section 35 , Township 32 South, Range 39 East, and being
more particularly bounded and described as follows :
Commencing at the Southeast comer of Lot 10 , Block 1 of Booker T . Washington
Subdivision as recorded in Plat Book 2 , Page 34 of the Public Records of St . Lucie
County (now Indian River County) , run South 89 degrees 55 ' 27" East along the North
right-of-way line of 27 `h Street a distance of 23 feet to the Point of Beginning of a 15 foot
wide easement, said easement lying 7 . 5 feet on each side of the following described lines :
From the Point of Beginning run North 06 Degrees 08 ' 43" East a distance of 220 . 22 feet;
thence run North 01 Degrees 31 ' 34" West a distance of 333 . 91 feet more or less to the
South right-of--way line of the Main Relief Canal, said point being the Point of Terminus ;
said line of said easement should be shortened or prolonged to meet angle points and
right-of--way lines ; containing 8 ,313 square feet more or less .
TOTAL P . 04