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Home My WebLink About2009-291 g• N - �O° q -- AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 10th day of November 2009 by and between Lawrence E . and Corine H . Trapp (" Sellers") and Indian River County, a political subdivision of the State of Florida ("County") , who agree as follows : 1 . Agreement to Purchase Real Estate . The Seller hereby agrees to sell to the County a parcel of real estate for the use of right- of-way property located at 5755 45 `I' Street, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A, " containing approximately 450 . 0 square foot corner clip . 2 . Purchase Price, Effective Date, Term . . The purchase price (the "Purchase Price") for the shall One-Thousand-Nine-Hundred- Eighty-Dollars & 00/ 100 ( $ 1 , 980 . 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 shal l 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 . 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 Warranty Deed for the real 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 any Documentary Stamps required to be affixed to the Warranty Deed . 4 . 0 Miscellaneous . 4 . 1 Controlling 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 . 4 . 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 , 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 . 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 F : AEngineering\Robert Webb\notice to ownerV' I 'raplpicornercliplqurchase Agreement. 45thst. doc t 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 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 . 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: Lawrence E . and Corine H . Trapp 2205 8h Avenue Vero Beach, Florida 32960 If to County : Indian River County 1801 27th 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 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 parry 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 parry 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 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. R\Engineering\Robert Webb\notice to owner\Trap [picornerclip]2Urchase Agreement.45thst. doc IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above . SELLERS INDIAN RIVER COUNTY, FLORIDA BOARD F COUNTY COMMISSIONERS By: �- esley S . Davis, Chairman 4La4ence E . Trapp Date Signed : Date Signed : Nov0 Ember 12009 �d — ,� ,� -- a 9' 7seph A . Baird Corine H . Trapp Coun Administra or Date Signed ; / 3 - ATTEST : J . K. Barton, Clerk By :,, C Deputy Clerk Date Signed : November 10 , 2009 Approved as to form and Legal Sufficiency : By County Attorney F :\Engineering\Robert Webb\notice to owner\Trap [picornerclipI)rchase Agreement. 45thst.doc 58TH AVE & 45TH ST m LL I O LEGAL DESCRIPTION 45th STREET `- EL P. O. C. (.NORTH GVTORD ROAD) N LYING AND BEING ACIECE,PORTION CTRACTRTACT OF LAND SITUATE, 20 2' S89048'04"E - - - - ALL THAT CERTAIN PIECE. PARCEL OR N . W. CORNER 4, SECTION 28 , TOWNSHIP 32g 28 SECTION 28 NORTH LINE SECTION 28 & TRACT 4 32 SOUTH , RANGE 39 EAST, INDIAN RIVER FARMS COMPANY N SUBDIVISION , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN `~ a� POB LR.F. W, C.D. A-i �O j PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUCIE n N 3O . 00a 30 5LBLATTRAL. CANAL = 0 COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER �o 0 1 COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY o 589 '46 ' 18" E S89 �48 � 04E i SOUTHERLY LINE C) `r O DESCRIBED AS FOLLOWS, TO WIT; v — — — — 40. 00' W — — — Y W LL COMMENCING FOR REFERENCE AT THE NORTHWEST CORNER OF r LL SAID SECTION 28 ; O Dc� 450 SQ. FT p > %� OM 6A� 0 . 01 ACRES z Q hr- THENCE, BEARING SOUTH 00013'42" WEST, ALONG THE WEST LINE n : O 4 1L' Q = Z OF SAID SECTION 28, A DIS IANC£ OF 29 . 98 FEET TO A POINT; �; p z N Z �� h O CO THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'46 '18 " to Z C LL U o � - LAWRENCE & ORINE TRAPP a O EAST, A DISTANCE OF 40. 00 FEET TO A POINT ON THE m w Q 32392800001004000006 . 0 w SOUTHERLY LINE OF CANAL A- 7 AND THE POINT AND PLACE OF NO RECORDING INFORMATION BEGINNING OF TI-IE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89 '48' 04" EAST, ALONG SAID SOUTHERLY TEMPORARY TRACT 4 LU � Z LINE, A DISTANCE OF 30. 00 FEET TO A POINT; 40 ' 40 ' 12. I\- CCONSTRUCTION � O Q r— EASEMENT Q U 0 THENCE, LEAVING SAID SOUTHERLY LINE, BEARING SOUTH EASTERLY I EASTERLY RIGHT < w Z WEST, A DISTANCE OF 42. 44 FEET TO A POINT ON THE EASTERLY OF WAY LINE W RIGHT OF WAY UNE OF 58 H AVENUE (KINGS HIGHWAY); LEGEND SECTION LINE J THENCE, BEARING NORTH 00'13' 42" EAST, ALONG SAID EASTERLY PROPERTY LINE LINE, A DISTANCE OF 30 . 00 FEET TO THE POINT OF BEGINNING. N PROPOSED R /W 0 THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 450 LINE o z o SQUARE FEET OR 0. 01 ACRES, MORE OR LESS. SUBJECT TO ALL — — RIGHT OF WAY LINE oE m EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN R /W RIGHT OF WAY THE CHAIN OF TITLE. W ORB OFFICIAL RECORDS BOOK a PG PAGE POB POINT OF BEGINNING £ � $ POC POINT OF COMMENCEMENT Bum I I . R , F. W. C. D. INDIAN RIVER FARMS TQ mX � WATER CONTROL 40' 80' DISTRICT E o ' �` g Y m This certirms that a /eget description and sketch a( the property GRAPHIC SCALE 20' described hereon was made under my supervision and that this legal ❑ a S description and sketch meets Ne minimum technical standards set SURVEYORSNOTES forth by the Florida Boat/ of Professional Land surveyors in Chapter y ^ 67G77-6, Florida Adrninistrah.'w Code, pursuant to section 472.027, 1 ) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY RETRACEMENT SURVEY, Florida statutes And that the dewing is a tae and accurate a presentation thereof to the best of my knowledge and belief. 2 ) HE BEARING EASE FOR THIS SURVEY, IS INE WEST LINE OF SECTIGN 28 . SAID LINE BEARS subje ct to nares d notations shown Hereon. ❑O „ 3 SOUTH 00'13142” WEST. 3 ) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESSES. EC DOf.E „ P.3M. No. 3/ T 41 INFORMATION SHOWN HEREON IS BASED UPON THE SURVEY PERFORMED BY HSBS , INC. , DA • �( -� m � m PROJECT #06 - 032 , DATEeD 3- 16 - 06 , LAST REVISED ON 6 - 21 - 09 . NOT VALID wTYOUT THE .7GNATURE AND THE ORICIAVAL aA15 D SEAL OF THE '10R1DA LICEPSED SURVEYOR AND MAP ER ABO ✓£ »oVins lnod :(a w06Cil 500E '3L des C3Na0,�, �S 6np'85-54 800 q'n\vcY0\Ci0 ?3AItl awoa _ noJp