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HomeMy WebLinkAbout2010-003'ALA�RlGli, ga i�-oar AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 5th day of January 2010 by and between Jack and Jennette Buckner husband and wife ("Sellers") and Indian River County, a political subdivision of the State of Florida ("County"), who agrees 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 5740 45th 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") shall be Five -Thousand -Dollars & 00/100 ($5,000.00). The Purchase Price includes $2,000 for the real estate and $3,000 for landscaping improvements. 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. The term of this agreement shall begin upon approval of this agreement by the Indian River Board of County Commissioners at a formal meeting of said 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 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. 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. F:AEngineering\Robert Webb\45th st. 58th ave intersect\bucknergornerclipPurchase Agreement.45thst.doc 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: Jack and Jeannette Buckner 575045 1h Street Vero Beach, Florida 32962 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 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 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. F:AFngineering\Robert Webb\45th st. 58th ave intersect\buckner2omerclipPurchase Agreement. 45thst.doc IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. SELLERS Date Signed: Jeanette Buc Date Signed; INDIAN RIVER COUNTY, FLORIDA BOA OFF COUNTY COMMISSIONERS By: Peter D. O'Bryan, Chairffian Date Signed: JanuUry 5, 201i0 ATTEST: J. 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PCS © 9Y ECD 001 61 It SIX40. 99Rb O , V o 666th, 6 09960 PHONE (ns) xi -Tool FAX (m) 669-9669 58th A VENUE " KINGS HIGHWAY 13959"E BASIS OF D2' _ BEARINGS WEST LINE CO SECTION 21 O0 bP, a Q o C bz 30.00 N0001 3'5910E z OF EASTERLY RIGHT W (D �K5 OF WAY LINE 0 X1 D (n As 00 (,, CCal(n Im rn 9� I c n 'C�b m vlLn 0 o =j t- z N I> n IW cn I I I ^-I O z o m II m I mW 21(N,.I IW=0 OIC IN ��OW Az� f nm o moi jmo I nN� z0 I N V O �0 z z m m m0> �� I -'oma Z L 1-1 J 1' I I Ip I aI _I 57th A VENUE DATE LEGAL DESCRIPTION AND SKETCH OF 9/17/09 N.E. CORNER OF 58TH AVE & 45TH ST PROJECT NO. INDIAN RIVER COUNTY, FLORIDA 047897000 _ SHEET NUMBER 1 OF 1 i