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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 . NACiryAtny\STl\Client Docs\City ManagedLeases-AgiVemcnts-COntractS%Cantra¢C for Sale and Purehase.lRC. Admimbuilding .doc JAN-09-2004 11 : 16 P . 02 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 NXityAtr1y\ ST1\Client Docs'Ci;y Manager\Leases-Agrccments-Contracts\Contmcl for Sale and Purchase.IRC .Admin .building.doc JAN-09-2004 11 : 17 P . 03 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. NAQtyA1ny\ST1\C1ient DocACity Managctlf cases-Agreements-Contrnets\Coetract [or Sale and Purch4s0RC.Admin.buiiding_doc JAN-09-2004 11 : 17 P . 04 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