HomeMy WebLinkAbout2009-027 ORIGINAL
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AGREEMENTTO PURC]EIASE A TEMP )RA RY CONSTRUCTION
EASEMENT
THIS AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT
("Agreement") is made and entered into as of the 3rd
day of between Edward P . and Leona. Peterson (" Sellers ") and Indian River Coeuntyraolitic0
pal subdivis on
of the State of Florida ("County") , who agree as follows :
1 . Agreement to Purchase Temporary Construction Easement. The Seller hereby agrees to grant
to the County a temporary construction easement ( "Easement ") upon the terms and conditions set
forth in this Agreement, that certain parcel of real property located at 4311 9th Place, Vero Beach.
County of Indian River, State of Florida and more specifically described in Exhibit
approximately 1 , 300 . 0 square feet ( 10 ' x 130 ') . A, containing
2 . Purchase Price Effective Date , Term . . The purchase price (the "Purchase Price ") for the shall
Five-Hundred-Ninety-Eight-Dollars & 0
e Effective 0/ 100 ($ 598 . 00) . The Purchase Price shall be paid on the
Closing Date . ThDate 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. The term of this easement shall begin upon approval of this
agreement by the Indian River Board of County Commissioners and will be in force from the date of
commencement of the 43rd Avenue road project and expire 30 days after completion of the project .
3 . Closing .
3 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date ") shall take
place within 45 days following the Effective Date of this Agreement. The parties agree that the
Closing shall be as follows :
3 . 2 The Seller shall execute and deliver to the County a Temporary construction easement over
the property described in Exhibit A.
3 . 3 The County and Seller agree that the following personal property such as , fences landscaping
material , irrigation and parking areas may be required to be removed . Indian River County shall
replace or compensate for any improvements that are impacted and will deliver possession of the
property to seller in the same or better condition than before the commencement of the project.
3 . 4 County shall pay the following expenses at Closing :
3 . 4 . 1 The cost of recording the Easement and any Documentary Stamps required to be affixed to the
Easement.
4 . 0 Miscellaneous .
4 . 1 Controllin Law This Agreement shall be construed and enforced in accordance with the
laws of the State ofFlorida. Venue shall be in Indian River County for all state court matters , and in
the Southern District of Florida for all federal court matters .
4 . 2 Condemnation. In the event that all or an \
condemned for any public or quasi -public use or pu pose\o f if any acquis uired or
do norbcondemnation
proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have
the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease,
or to proceed, subject to all other terms , covenants, conditions, representations and warranties of this
Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property;
FAEngineering\aobert Webb\notice to own er\petersonP urchase �greenient. 43rd . doc
receiving, however, any and all damages, awards or other compensation arising from or attributable
to such acquisition or condemnation proceed
such proceedings . ngs . County shall have the right to participate in any
4 . 3 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
Any modification or amendment to this
Seller and the County relating to the subject matter hereof
Agreement shall be effective only if in writing and executed by each of the parties .
4 . 4 Assignment and Binding Effect Neither County nor Seller 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 .
4 . 5 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, as follows :
If to Seller: Edward and Leona Peterson 33 - 39 - 09 -00008 - 0070- 00001. . 0
4311 9th Place
Vero Beach, Florida 32966
If to County: Indian River County
180127" Street, Vero Beach , FL 32960
Attn : Bob Webb Land Acquisition
Either party may change the information above by giving written notice of such change as provided
in this paragraph.
4 . 6 Survival and Benefit . Except as otherwise expressly provided herein, each agreement,
representation or warranty made in this Agreement by or on behalf of either
instruments delivered pursuant hereto or in connection herewithin
, shall survive the Closiyin� g Date anor d
the consummation of the transaction provided for herein. The covenants , agreements and
undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on
only by the other party hereto , its successors and assigns, and are not made for the benefit of, nor
may they be relied upon, by any other person whatsoever.
4 . 7 Attorney ' s Fees and Costs In any claim or controversy arising out of or relating to this
Agreement, each party shall bear its own attorney ' s fees, costs and expenses .
4 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of
which shall constitute an original .
4 . 9 . County Approval Required : This Agreement is subject to approval by Indian River County as
set forth in paragraph 2 .
4 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership, limited partnership,
corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a
fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to
this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section
286 . 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes
F:Tngineering\Robert Webb�iotice to owner\petersonPurchase � greement. 43rd . doc
Section 286 . 23 (3 ) (a), the beneficial interest in any entity registered with the Federal Securities and
Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes , whose interests for
sale to the general public, is exempt from disclosure; and where the Seller is a non -public entity, that
Seller is not required to disclose persons or entities holding less than five (5 %) percent of the
beneficial interest in Seller.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first
set forth above .
SELLERS INDIAN RIVER COUNTY, FLORIDA
BOAR� ,AF COUNTY COMMISSIONERS
BY
dward P . Peterson
Wes e S . IIa� is ' �
Date Signed : O Date Signed : February 3 , 2009
Joseph A. Baird `
ona PetersonC ,
Co A inisrratur
Date Signed ; ):�O
J ATTEST : J. K..Barton, Clerk
By :
Deputy CTerlc
Date Signed : February 3 , 2009
Approved as to form and Legal Sufficiency ;
B y4a
County Attorney
F : Tngineering\Robert Webb\notice to owner\petersonPurchase 5greement. 43rd . doc
EXH
181 ' A
TEEMPORARY CONSTRUCTION EASEMENT
This Tjanw' ife
ORARy CO
a day Iq NSTRUCTION EASEMENT
husband , A . D . , 200 made andexecuted tills
whose ad by Edward P and Leona Peterson ,
called G ess is 4311 9th PIace, Vero Beach, FL 32966 hereinafter
RANTOR to Indian River County, a political s
Florida, whose address is 1801 subdivision of the State of
called GRANTEE 27�'' Street, Vero Beach, Florida 32960
hereinafter
WITNESSETH .
That GRANTOR for and
consideration, recei t o f m consideration of the sum of O
GRANTEE a TE p which is hereby acknowledged, DOLLAR and other
beneath the followin d�s bed land,
CONSTRUCTION EASE does hereby grant Unto the
situate in Indian River Mun T on, Over, across, and
EXHIBIT �� �� y, Florida, to -wit ;
A ATTACHED HERE TO AND MADE A PART HEREOF
This easement is for purposes of installation of a drainage structures
work incidental to the project, This easement shall exist o
construction work for the 43 , Fading, sod and all
Avenue project, County projeCt No , 901 completion of the
IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and
Year first above written.
Signed, sealed, and delivered
in the presence of:
Witness Signatur ,� y
Printed Name : ' / Grantryor Signature
D CCC/m � ' SK /' eco Printed Name :
Edward P . Peterson
Witness Signature
Printed Name : Enco,
Witness Signaturej/
Printed Name: ► g V—Aml � Grantor Signatur
� Ci/1'� � 5 /G // i4 Printed Name :
ona Peterson
Witness Signature C61A)X{ &/V\a�,
Printed Name : bi co',
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
�The foregoing instrume was acknowledged before me this day of
' by ��`1" on behalf of same, and he/sh e / is/are 1
personally known to me or produced Y
as identification.
Sign :
��3S3AT
Printed name & Commission # NE OF DAJanice F Merrick
Commission # DD784225
Expires : MAY 08, 2012
130NDW TIIRIJ ATLANTIC BONDLIG C4, 4\G
Exhibit "A "
East 10 feet of the followin scribed property :
Lot 1 , Block g de
7, Glendale Lakes
recorded in Plat Book 6 according to the Plat thereof, as
River Coun at Page 2 +, of the Public records of
ty, FloridahloidIndian
Parcel I. D . # 33 - 39 "" o " 0008 - 0070 .. 00001
. 0