HomeMy WebLinkAbout2006-131 BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960-3365
Telephone: )772) 567-8000
I NMI
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March 29, 2006 �LORI�p'
Ms . Janie Davis
New Jerusalem In Its Power, Inc .
1176 NW 581h Terrace
Miami, Florida 33127
RE : Property 3890 41 " St., Vero Beach, Fl. Parcel I.D. # 32-39-27-00000-3000-00014.0
Dear Ms . Davis :
The County is willing to enter into an Agreement to purchase the property owned by New
,Jerusalem In its Power, Inc. located at the above address . According to recorded records you are
the agent aecord for the corporation. The county would like to purchase the entire parcel, . 67
acres, for T5 , 000 . 00 this would be $67 , 164 per acre . (see attached Exhibit A)
Also attached are two originals and one copy of the Purchase Agreement. If you concur with the
terms of the Agreement, please sign and return both original agreements (2) to the Engineering
Division, attention Ron Callahan, and keep the copy for your records. I have attached " signing
instructions" to the Agreement.
This letter does not constitute a written offer under Section 73 . 092, Florida Statutes
(condemnation statute). It does however represent an evaluation of the value of your property
(right-of-way) described herein based upon sales information in the general area. At the expense
of the County a boundary survey will be completed to verify the accuracy of the parcel size and
boundary lines . If the boundary survey uncovers a significant variation of size the County has
fifteen ( 15) days to reconsider the proposed Purchase Agreement. (attached)
If you have questions or need additional information, I can be reached at (772) 226- 1232 . Thank
you in advance for your cooperation in this matter.
Si er y,
/ 41-r,. y / L.� Clis
Ronald L. Callahan
Real Estate Acquisition Agent
Attach: Purchase Agreement (2 originals and 1 copy)
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made
and entered into as of the 29th day of March, 2006 by and between Indian River County, a political
subdivision of the State of Florida ("County"), and New Jerusalem In Its Power Inc . , a corporation
existing under the laws of the State of Florida, who agree as follows :
1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County
hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement,
that certain parcel of real property located at 3890 41 st Street, Vero Beach, County of Indian River,
State of Florida and more specifically described on Exhibit "A," containing approximately 29 , 185
square feet or 0. 67 acres and all improvements thereon, together with all easements, rights and uses
now or hereafter belonging thereto (collectively, the "Property") .
2 . P r ase Price Effective Date . The purchase price (th . urchase Price") for the Property shall
be -Five- Thousand Dollars and 00/ 100 Dollars ($ 00 . 00) . The Purchase Price shall be paid
on e Closing Date. 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.
3 . Title. Seller shall convey marketable title to the Property by warranty deed free of claims,
Iiens, easements and encumbrances of record or known to Seiler; but subject to property taxes for the
year of Closing and covenants, restrictions and public utility easements of record provided (a) there
exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents
County's intended use and development of the Property.
3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property.
County shall; within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver
written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails
to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures
the defects within thirty (30) days from receipt of notice from County of title defects ("Curative
Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title
defects are not cured within the Curative Period, County shall have thirty (30) days from the end of
the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an
additional 90 days ; or (iii) accept title subject to existing defects and proceed to closing.
4 . Representations of the Seller.
4 . 1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole
owner of and has good right, title and authority to convey and transfer the Property which is the
subject matter of this Agreement, free and clear of all liens and encumbrances .
4 . 2 From and after the Effective Date of this Agreement, Seller shall take no action which would
impair or otherwise affect title to any portion of the Property, and shall record no documents in the
Public Records which would affect title to the Property, without the prior written consent of the
County.
4 . 3 There are no existing or pending special assessments affecting the Property, which are or may
Standard Agreement to Purchase and Sell ]
F:\Engmeering\Rcbert Webb\newlerusalem Agreement.doc
be assessed by any governmental authority, water or sewer authority, school district, drainage district
or any other special taxing district.
5 . Default.
5 . 1 In the event of a default by the County, the Seller shall be entitled, as its sole remedy
hereunder, to terminate this Agreement. and neither the Seller nor any other person or party shall
have any claim for specific performance, damages or otherwise against the County.
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall
be entitled to : (i) terminate this Agreement by written notice delivered to the Seller at or prior to the
Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain
specific performance of the terms and conditions hereof; or (iii) waive the Seller' s default and
proceed to Closing:
6 . Closina .
6 . 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 :
(a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title
to the Property, free and clear of all liens and encumbrances and in the condition required by
paragraph 3 .
(b) The Seller shall have removed all of its personal property and equipment from the Property
and Seller shall deliver possession of the Property to County vacant and in the same or better
condition that existed at the Effective Date hereof.
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so,
County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) The Seller shall deliver to the County an affidavit, in form acceptable to the County,
certifying that the Seller is not a non-resident alien or foreign entity, such that the Seller and such
interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(e) The Seller and the County shall each deliver to the other such other documents or instruments
as may reasonably be required to Close this transaction.
7 . Prorations . All taxes and special assessments which are a lien upon the property on or prior
to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the
Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending
on December 31 , Seller shall pay all current real estate taxes and special assessments levied against
the Property, prorated based on the "due date" of such taxes established by the taxing authority
having jurisdiction over the Property. If the Closing Date occurs between January 1 and November
1 , the Seller shall, in accordance with Florida Statutes Section 196 .295 , pay an amount equal to the
current real estate taxes and assessments, prorated to the Closing Date.
8 . Miscellaneous.
8 . 1 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.
8 .2 Condemnation. In the event that all or any part of the Property shall be acquired or
condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation
Standard Agreement to Purchase and Sell 2
F:\Engmeermg\Robert WeWnewjerusalem Agreement. doc
' 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 :
receiving, however, any and all damages, awards or other compensation arising from or attributable
to such acquisition or condemnation proceedings. County shall have the right to participate in any
such proceedings .
8 . 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
Seller and the County 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.
8 .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 .
8 . 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 or facsimile
transmission, as follows :
If to Seller: Seller: New Jerusalem In Its Power, Inc.
c/o : Janie Davis
1176 NW 58th Terrace
Miami, Florida 33127
If to County : Indian River County
1840 25th Street, Vero Beach, FL 32960
Attn: Ron Callahan/Engineerinp, Division
Either party may change the information above by giving written notice of such change as provided
in this paragraph.
8 . 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 party, or in any
instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and
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.
8 .7 Attornev' s Fees and Costs In any claim or controversy arising out of or relating to this
Agreement, each parry shall bear its own attorney' s fees, costs and expenses .
8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts, each one of
which shall constitute an original.
8 . 9. County Approval Required : This Agreement is subject to approval by the Indian River
County as set forth in paragraph 2 .
8 . 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
Standard Agreement to Purchase and Sell 3
F :\Fngineering\Robert Webb\newjerusalem Agreement. doc
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
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 interest is 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.
8 . 11 Special Conditions : County may at its own expense, obtain a boundary survey of the Exhibit
"A" property . If the size of the property differs from the size shown on the tax map, County shall
within fifteen ( 15 ) days following the Effective Date of this Agreement, determine whether or not
the size difference substantially affects County' s planned use for the Property. if County determines
that the size difference renders the Property unsuitable for County' s planned use, County shall within
said fifteen ( 15 ) days, terminate this Agreement by written notice to Seller, whereupon it shall be of
no further force and effect.
IN WITNES S WHEREOF, the undersigned have executed this Agreement as of the date first
set forth above .
SELLER: INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNT COMMISSIONERS
Name : ew Jerusalem In It ' s Power, Inc .
By
BY Arthur R. N erger, at an
anie Davis
Date Signed :
Date Signed: April 18 , 2006
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I
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Approved By: - 27a
Shug Lockhart, Deacon
By;
dpiit)N# lerkr IA4 4A &�4: m
Date Signed : . .
Name : o ald L . Callahan
By: -
APPROVED AS TO FORM Real Estate Acquisition, Agent
AND LEGALU FI 1 CY/
Date Signed: 3 9}r CI G
a
WILLIAM K. DE RA L
ASSISTANT COUNTY ATTORNEY
Standard Agreement to Purchase and Sell 4
FA\Engineering\Robert Webb\newjerusalem Agreement.doc
NEW JERUSALEM CHURCH LEGAL DESCRIPTION : PER O. R. B. 1231 , PAGE 1063 SCALL;
A LOT 200 FEET BY 210 FEET, SITUATED IN THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF
( 1 " = 60 ' )
SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST, EXCLUSIVE OF ROAD RIGHT OF WAY, INDIAN RIVER COUNTY, FLORIDA; AND FURTHER
DESCRIBED AS:
BEGINNING AT A POINT 48 FEET NORTH OF THE SOUTHWEST CORNER OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF SECTION
27, TOWNSHIP 32 SOUTH , RANGE 39 EAST, AND RUN NORTH 210 FEET, EAST 200 FEET, SOUTH 210 FEET, WEST 200 FEET TO
THE POINT OF
BEGINNING.
LOT 56 I
HAMPTON J. JACKSON de GEORGE GIPSON
LESS AND EXCEPT THE WEST 30 FEET OF THE NORTH 10 FEET OF N . -
SAID PROPERTY. P.I.D.
_ _ _ _ 3 -39-27-00000-3o000-00015.13
CHAIN INK FENC 200.00 OF
CONTAINING: 0 . 78 ACRES, 34,000 SQUARE FEET, MORE OR LESS.
NOTES LOT 57 w W'311
1 . This sketch and description is not valid without the � € f we
signature and the original raised seal of the Florida ,mow 0_ 1 LESS THE N. 10' PER
registered Surveyor and Mapper named hereon . o o 0 I og O.R.B. 1231 , PG. 1063
W 2
2. This sketch and description meets or exceeds all applicable 9: w ; � o e 3
requirements of of the Minimum Technical Standards as 3 �i z h l wn NEW JERUSALEM o S
established in Chapter 611317- 6, Florida Administrative Code. i � ^ IN ITS POWER INC. o w
o Wz P.I.U. No. " o 0
3. This sketch and description is based upon the Specific Purpose a � � d 32-39-27-00000 a boo
Survey titled 'New Jerusalem Church ' by the Indian River County LOT 56 0 � d o —3000-00014.0 oo g 9z 1
O
Engineering Division , on March 8, 2006 . wa o 03" PVC m - o Y
S o WELL
O O 0 N
Ic og o yao
4. The north 40 feet of the Murphy Reservation as recorded GRACE COVE
P.B. 17, PAGE 64 I� 6
in
Deed No . 646 was released on July 7, 1977, for the subject I
property only. — _ _ __ 4d 1 -STORY WOOD w n o
LANDSCAPE = g
BLDG (ON BLOCKS) 3 I
SYMBOLS & ABBREVIATIONS: TRACT F � a ADOREssg3e90 s M 30
BLDG = BUILDING PP = POWER POLE E
(D) = DEED PSM = PROFESSIONAL SURVEYOR R/W LINE
D.B. = DEED BOOK AND MAPPER I
I.R.F. W.C.D. = 1NDGW RAFR FARMS WATER SEE SURVEYOR'S ozg N
R/W = RIGHT OF WAY a T.I.I.F. ROAD RESERVATION NOTES No. 4 a o
CONTROL DISTRICT SEC = SECTION I PER D.B. 40, PG. 391 0 a m ^ U
OE = OVERHEAD ELECTRIC T.LLF = TRUSTEES OF THE INTERNAL I — — — 1 � d
O.R.B. = OFFICIAL RECORD BOOK 4w
IMPROVEMENT FUND of O
(P) = PLATTED COURSE AND/OR DISTANCE a P.Q.B. 170.00' D -.W W 6 o'
P.B. PLAT BOOK
/ 200.00 D
P.B.5. = PLAT BOOK Sr. LUCIE COUNTY IXISRNG R/W LINE _ o p
P.I.D. = PARCEL /DENRFlC4RON o. - - _ _
P.O.B. = PO/NT OF BEGINNING S S a ^ S. LINE OF THE E. 1 /2, N
S omti OF THE NW 1 /4 OF o
CERTIFICATION _ as 41st STREET sEc. 27-32-39
_ o
Surveyor and Mapper in responsible charge � (SW COR, OF THE E 1/2, I.R.F.W.C.O. H-4 CANAL
OF THE NW 1 /4 OF (85' R/W PER P.B.S. 2, PG. 25) Z
SEC. 27-32-39)
THIS IS NOT A BOUNDARY SURVEY Z
DAVID M . SILON P . S . M . Date C5
Florida Registration No . LS 6139 SKETCH TO ACCOMPANY LEGAL DESCRIPTION w
Indian River Assistant COUntX Surve or PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
NDIAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN RIVER COUNTY oRnwN eY: SECTION 27 s�EET
640 zsm STREETD. S/LON SKETCH AND DESCR/PT/ON OF
VERO BEACH, FL 32960 Deportment of Public Works APPROVED 6Y: TOWNSHIP J2S
(nz) 567—a000 Engineering Diwsion O. S/LON RANGE J9 NEW JERUSALEM CHURCH PROPER
OF 1