HomeMy WebLinkAbout2005-410 05
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AGREEMENT TO PURCHASE AND SELL REAL ESTATE /
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made
and entered into as of the 13thday of December , 200 5 , by and between Indian River
County , a political subdivision of the State of Florida ( " County" ) , and Fred H . Peterson and
Edward P . Peterson , ( collectively, " Seller" ) , 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 , those certain parcels of real property located at 3375 66th Avenue , County of Indian
River, State of Florida and more specifically described on Exhibits "A" and " B " , attached hereto
and incorporated by this reference containing approximately 4 . 277 acres , and all improvements
thereon , together with all easements , rights and uses now or hereafter belonging thereto
( collectively , the " Property" ) . Note : See Addendum To Agreement , attached hereto and
incorporated by this reference .
2 . Purchase Price Effective Date . The purchase price (the " Purchase Price " ) for the
Property shall be Four Hundred Six Thousand , Three Hundred Fifteen Dollars ( $406 , 315 . 00 ) .
The Purchase Price shall be paid on the 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 ,
liens , easements and encumbrances of record or known to Seller; 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 ( " Permitted Exceptions " ) .
3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the
Effective Date of this Agreement 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 this Agreement 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 .
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1Z5rVV& / To E . 12. Corr v7-
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 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 the County shall fail to pertorm any of its obligations hereunder, the Seller
shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to
the County at or prior to the Closing Date and thereupon neither the Seller nor any other person
or party shall have any claim for specific performance , damages , or otherwise against the
County ; or ( ii ) waive the County' s default and proceed to Closing .
5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the County
shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered to
the Seller at or prior to the Closing Date and thereupon neither the County nor any other person
or party shall have any claim for specific performance , damages or otherwise against the Seller;
or ( ii ) obtain specific performance of the terms and conditions hereof; or ( iii ) waive the Seller' s
default and proceed to Closing :
6 , Closing .
6 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " ) shall
take place within 60 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 ) Upon termination of LEASE ( see Addendum , Item #2 ) 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 ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an
affidavit , in a form acceptable to the County , certifying that the Seller and any 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 .
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6 . 2 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 ,
7 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing
documents .
7 . 1 County shall pay the following expenses at Closing :
7 , 1 , 11 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement .
7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed .
7 . 1 . 3 All costs and premiums forthe owner's marketability title insurance commitment and
policy , if any .
7 . 2 Seller shall pay the following expenses at or prior to Closing :
7 . 2 . 1 All costs necessary to cure title defect ( s ) or encumbrances , other than the
Permitted Exceptions , and to satisfy or release of record all existing mortgages , Liens or
encumbrances upon the Property .
7 . 3 The Seller and County shall each pay their own attorneys ' fees .
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
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 , orto proceed , subject to all otherterms , 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
5/20/2004F :\Public Works\Capital Projects\66th Avenue Agreements\Petersorl 1 - 14-05 . doc
NAM
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 tollows :
If to Seller: Fred H . Peterson and Edward P . Peterson
337566 th Avenue , Vero Beach , FI 32966
If to County : Indian River County
184025 th Street , Vero Beach , FL 32960
Attn : William M . Napier, County R . E . Acquis . Agent
Facsimile # ( 772 ) 226- 1988
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 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 .
8 . 8 . Counterparts . This Agreement maybe 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 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
5/20/2004F : \Public Works\Capital Projects\66th Avenue Agreements\Peterso% 1 - 14-05 . doc
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 .
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date
first set forth above .
SELLER : COUNTY :
FRED H . & EDWARD P . PETERSON IND N RIVER COUNTY , FLORIDA
By ''�e.� By
Fred H . Peterson Thomas S . Lowther, Clair ►arts d, • of Co . Comm .
Date Signed : . Date Signed : 1 Ih 05 - 05
By Attest : J . K . Barton, `�Cle�k of CrrGqft court
Edward . Pete , js -
Date Signed �� o By
Deputy lerk
By / &aw:te
County Real Estate Acquisition Agent
Approved:
By t
Cou ty Administrator
Appr /v' ed as o form and legal ffijiency:
B ' /�
y ;
County Attorney
5/20/2004F :\Public Works\Capital Projects\66th Avenue Agreements\Peterson 1 - 14-05 .doc
ADDENDUM TO AGREEMENT TO PURCHASE AND SELL
REAL ESTATE
between
Indian River County and Peterson
The following Conditions are hereby agreed upon by the parties to this Agreement .
These Conditions shall survive the closing of this transaction :
1 . Existing business signs within the Exhibit "A" property will be allowed to remain until
such time as the proposed 66th Avenue improvement project is commenced . Such signs
must continue to conform to County sign ordinances .
2 . Contingent upon Seller and County executing a LEASE ( attached hereto as Exhibit
"C ") , Seller (TENANT) shall be allowed to continue using the Exhibits "A" and "B "
parcels for agricultural purposes and harvesting of fruit crops until such time as the
proposed 66th Avenue improvement project is commenced. County (LANDLORD) ;
however, shall have the option of ending said LEASE at any time by giving 30 days
notice to TENANT if it is determined the property is needed before commencement of
the road work .
3 . Seller intends to subdivide the Remainder parcel into three lots of at least 200, 000
square feet (minimum) each per the County' s Affidavit of Exemption process . County
warrants that the minimum 600, 000 square foot Remainder shall be dividable into three,
200, 000+ square foot buildable lots . The southernmost lot shall be entitled to access
from 33rd Street . The two other lots will front 66th Avenue, and shall each be entitled to
its own access from 66th Avenue if allowed by County codes . Otherwise the lots fronting
66th Avenue shall use a shared access .
4 . The Remainder parcel is outside, but on the fringe, of the Urban Service boundary. A
Sewer force main exists near the corner of 33rd Street and 66th Avenue across from the
subject property. A water line exists near 33rd Street west of the subject Remainder
parcel . Seller or subsequent owners of each legally subdivided parcel shall be allowed to
hook up to Water and/or Sewer services according to Policies 5 . 7 and 5 . 8 of the County ' s
Comprehensive Plan. Based on those policies , lines may not be extended more than 500
feet from the centerline of a roadway which is an Urban Service Area boundary ( 66th
Avenue and 33rd Street are both boundary lines) . The cost of extending the required
service lines to the three lots , meters and meter installation, permits , impact fees, and
assessment fees if any, shall be at the property owners ' sole expense .
5 . County shall provide, at its sole expense, a boundary survey of the Remainder parcel .
This shall be accomplished and a certified survey delivered to Seller within 30 days of
the closing of this transaction.
Addendum (continued)
Agreement Between Indian River County and Peterson
6 . County is planning on constructing a stormwater retention pond on the Exhibit"B "
parcel . Seller and County will each be entitled to half of the excavated material . County
pp pnl �lnr. nft1.� F matneial in cSinglo ln� atinn nr. CAl , ar ' � I? al�' a1:pdPr
J11Q11 JLV Il11 11V V �Il\.1 O V l V11 Vl 111V 111 1.V1 1 111 l.L iv ivvuuvii vii vviivi t
property. This work shall be completed when and if the 66th Avenue project and/or
construction of said stormwater pond work is commenced.
7 . Included with the 66th Avenue project construction, the County or County ' s contractor
shall at County ' s sole expense , replace the drainage for the Remainder property so that it
functions as good or better than existing .
8 . Included with the 33rd Street paving improvements at time of construction, the County
or County ' s contractor shall at County ' s sole expense , install a drainage pipe under 33rd
Street near the west end of the Remainder property of adequate size to provide for
drainage of the property.
9 . Access to the existing business will be maintained at all times during the 66th Avenue
construction work. The only exception will be short periods when paving is taking place
directly at the entrance area.
ARCAMS LNW
Lawson , Noble E&a WebbE Inc . IT IR
ENG420 Columbia Dr. Suite 110 , West Palm Beach , FL 33409
(561 ) 684-6686 • fax: (561 ) 684- 1812 • Web : www. Inw- inc. com EXH I b A
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB 3432 / LB 6674
DESCRIPTION : PARCEL 101 ( PETERSON )
THE WEST 80 . 00 FEET OF THE EAST 105 . 00 FEET OF TRACT B , SECTION 31 , TOWNSHIP 32
SOUTH ,
RANGE 39 EAST , ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS
COMPANY RECORDED IN PLAT BOOK 2 , PAGE 25 OF PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
LESS THE SOUTH 80 . 00 FEET THEREOF.
CONTAINING 2 . 277 ACRES , MORE OR LESS ,
NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 8 , WHICH IS ASSUMED TO BEAR
SOUTH 00' 00 ' 00 " WEST. ALL BEARINGS ARE RELATIVE THERETO .
SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS - OF- WAY OF RECORD .
NOTE: THIS SKETCH AND DESCRIPTION ARE BASED ON THAT BOUNDARY SURVEY PREPARED BY
CARTER ASSOCIATES , INC . , DATED NOVEMBER 6 , 1991 , JOB N0 , 91 - 5475 AND SIGNED BY
DANA HOWARD , PSL NO . 2805
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED
IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 611317 - 6 , FLORIDA ADMINISTRATIVE CODE ,
AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO
SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF . UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER , THIS DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID .
NOTE : THIS IS NOT A SKETCH OF SURVEY , BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON .
PERRY C WHITE THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT
PROF IONAL SURVEYOR AND MAPPER PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE
FLORI A REGISTRATION N0 , 4213 PREPARATION OF THE INFORMATION SHOWN HEREON .
NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
DATE : 11 - 3 - 05 RESTRICTIONS , RIGHTS — OF—WAY AND EASEMENTS OF RECORD .
SHEET 1 OF 2
DATE: 11 - 3- 05 BY. DDB CKD: PCW DWG. : A1053SD02 JOB NO. : A1053
ARCADIS
LNW
Lawson , Noble &a Web ! Inc .
ENGINEERS a PLANNEREYORS
420 Columbia Dr. Suite 110 , West Palm Beach , FL 33409
(561 ) 684-6686 • fax: (561 ) 6B4- 1812 • Web: www. inw-inc. com EXH I
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB 3432 / LB 6674
SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY! MATCH LINE "A "
NORTH LINE
OF TRACT 8 (THIS SHEET)
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AC . - ACRES P . O . B . - POINT OF BEGINNING
O . R . B .- OFFICAL RECORDS BOOK P . O . C . - POINT OF COMMENCEMENT
P . B . - PLAT BOOK R/W - RIGHT- OF-WAY
DATE: 11 - 3- 05 BY: DDB CKD: PCW DWG. : A1053SD02 JOB NO. : A7053 SHEET 2 OF 2
ARCADIS LNVV
Lawson , Noble PLANNERS Web Inc .
Inc.
420 Columbia Dr. Suite 110 , West Palm Beach, FL 33409
(561 ) 684-6686 • fax: (561 ) 684- 1812 • Web : www. Inw-inc. com EXHIBIT 0
West Palm Beach • Port St. Lucie • Orlando • Vero Beach
EB 3432 / LB 6674
DESCRIPTION : RETENTION PARCEL ( PETERSON )
THE NORTH 157 . 00 FEET OF THE EAST 20 ACRES OF TRACT 8 , SECTION 31 , TOWNSHIP 32 SOUTH ,
RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS
COMPANY RECORDED IN PLAT BOOK 2 , PAGE 25 OF THE PUBLIC RECORDS OF ST, LUCIE COUNTY,
FLORIDA .
LESS THE EAST 105 . 00 FEET THEREOF,
NOW LYING IN INDIAN RIVER COUNTY, FLORIDA
CONTAINING 2 . 00 ACRES , MORE OR LESS .
BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF TRACT 8 , WHICH IS ASSUMED TO BEAR
SOUTH 00000 ' 00 " WEST. ALL BEARINGS ARE RELATIVE THERETO .
SUBJECT TO EASEMENTS , RESTRICTIONS AND RIGHTS — OF— WAY OF RECORD ,
NOTE : THIS SKETCH AND DESCRIPTION ARE BASED ON THAT BOUNDARY SURVEY PREPARED BY
CARTER ASSOCIATES , INC . , DATED NOVEMBER 6 , 19919 JOB NO . 91 - 5475 AND SIGNED BY
DANA HOWARD , PSL NO . 2805
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED
IN ACCORDANCE WITH THE SURVEYING STANDARDS , CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE ,
AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO
SECTION 472 . 027 , FLORIDA STATUTES , AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER , THIS DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID .
NOTE : THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A
GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON .
PER W E THERE HAS BEEN NO FIELD WORK , VIEWING OF THE SUBJECT
PROF SIONAL SURVEYOR AND MAPPER PROPERTY , OR MONUMENTS SET IN CONNECTION WITH THE
FLOR DA REGISTRATION NO , 4213 PREPARATION OF THE INFORMATION SHOWN HEREON .
NOTE : LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR
DATE : 11 - 2 - 05 RESTRICTIONS , RIGHTS — OF— WAY AND EASEMENTS OF RECORD .
DATE: 11 - 2- 05 BY: DDB CKD: PCW DWG.: A1053SDO1 JOB NO. : A1053 SHEET 1 OF 2
A011CADIS LNW iT
Lawson , Noble & Webb Inc . v
ENOINEERB PLANNERS SURVEYORS
420 Columbia Dr. Suite 110 , West Palm Beach , FL 33409
(561 ) 684-6686 • fax: (561 ) 684- 1812 • Web : www. Inw-inc.com EXH I B. B
West Palm Beach • Port St. Lucie • Orlando • Vero Beech
EB 3432 / LB 6674
SKETCH TO ACCOMPANY DESCRIPTION . THIS IS NOT A SURVEY!
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O . R . B .- OFFICAL RECORDS BOOK
P , B . - PLAT BOOK
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P . O . B . - POINT OF BEGINNING
P . O . C . - POINT OF COMMENCEMENT
R/W - RIGHT- OF- WAY
DATE: 11 - 2- 05 BY: DDB CKD: PCW DWG. : A1053SD01 JOB NO. : A1053 SHEET 2 OF 2
ppwd
14
LEASE
This LEASE , executed this day of , 200_3 in consideration of the
following covenants , agreements , limitations , and conditions entered into by the parties hereto ,
the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, 1840 25 "' Street, Vero Beach, FL 32960 , hereinafter
called LANDLORD, doth lease unto FRED H . PETERSON and EDWARD P . PETERSON,
hereinafter (collectively) called TENANT, the real property located in Indian River County,
Florida, and more particularly described in Exhibits "A" and ` B " , which are attached hereto and
incorporated herein by reference , to be used for agricultural purposes inC1 „dir. g the harvesting of
fruit crops thereon, and for no other purposes , for the term commencing on the day of
, 200_, (the day of closing on purchase of said property by the County) and
ending upon commencement of the road construction project for 66"' Avenue at the rent of $ 1 . 00 .
This LEASE SHALL NOT BE EXTENDED BEYOND THE TERM STATED .
TENANT must vacate the premises within 30 days upon receiving notification from the County
that the 66"' Avenue project is to begin; however, County (LANDLORD) shall have the option of
ending this LEASE at any time by giving 30 days notice to TENANT if it is determined the
property is needed before commencement of the road work.
THIS LEASE MAY NOT BE ASSIGNED by the TENANT nor shall TENANT sublet or
grant any license to use the premises or any part of them.
PROVIDED ALWAYS , and the TENANT hereby covenants :
1 . To maintain, and make any and all repairs to the said premises , when the damage was
in any way caused by the fault or negligence of the said TENANT ; TENANT will at
the end of this lease surrender and deliver up said premises , without demand, in as
good order and condition as when entered upon, loss by fire , inevitable accident,
ordinary wear and decay only excepted . TENANT shall not make any alterations or
improvements to the premises without the prior written consent of the LANDLORD .
2 . To permit LANDLORD or his agent, at any reasonable time , to enter said premises
or any part thereof for the purpose of exhibiting the same or making repairs thereof.
3 . TENANT agrees to keep and maintain at all time during the lease term, at
TENANT ' S expense , a general liability policy protecting LANDLORD against all
claims and demands that may arise or be claimed on account of TENANT ' S use of
the premises in an amount of at least $ 100 , 000 for individual injuries , and $200 ,000
per occurrence . On the insurance policy, the LANDLORD must be named as co -
insured, and the LANDLORD must be given 30-days written notice of insurance
company ' s intent to cancel or terminate the policy.
4 . Not to use the demised premises , or any part thereof, or permit the same to be used
for any illegal , immoral , or improper purposes ; not to make , or permit to be made ,
any disturbance , noise , or annoyance whatsoever detrimental to the premises or the
comfort and peace of the inhabitants of the vicinity of the demised premises .
TENANT ' S use of the property shall at all times comply with all laws and ordinances
in effect in Indian River County, Florida .
5 . IT IS FURTHER UNDERSTOOD AND AGREED between the parties hereto , that if
TENANT shall violate any of the covenants and conditions of this lease , then the
TENANT shall become a TENANT AT SUFFERANCE , and in the event TENANT
is evicted by suit at law, said TENANT agrees to pay to said LANDLORD all costs
of such suit including a reasonable attorney ' s feet; that no assent, expressed or
implied, to any breach of one of more of the covenants and agreements hereof shall
be deemed or taken to be a waiver of any succeeding or other breach .
6 . AND IT IS FURTHER UNDERSTOOD AND AGREED that all covenants and
agreements of this lease shall not be binding upon , nor apply to the heirs or personal
ronracan +a t; � .o of fl. e reg eCt:Ve nnrfiec hPretn
1 VFA VVV1144&& VV Vl Vp tJ
BOARD OF COUNTY COMMISSIONERS TENANTS
Indian River County, Florida
By C
Thomas S . Lowther, Chairman Fred H . Peterson
Approved by BCC 12 - 13 - 05 Date U
(Date)
Attest :
Edward P . Peterson
asr
8y Date
Jeffr6y K :•Barton, Clerk irc t Court
00,
,'•:Ap as tdfl rm a 1 1 fficiency : Si ed in the presence of:
County Attorney tness ,� _ G( e. 4Qmerz4 ,,ech
ess jtisiicG F_ NJer,�r�1L