The URL can be used to link to this page

Home My WebLink About2010-027 ORIGINAL Soho - ec / AGREEMENT TO PURCHASE AND SELL REAL ESTATE T141S AGREEMENT TO URCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the _, 2010 by and between, Margaret B . Durwin (Seller")whose address is P . O . x 692 , 32964 , Vero Beach, Florida and Indian River County, a political subdivision of the State of Florida (" County") , 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 t Agreement, that certain parcel of real property located at 585 43rd Avenue, Vero Beach, County ofId Indian River, State of Florida and more specifically described in Exhibit A, containing It' approximately 1 . 76 acre , 76 , 666 . 0 square feet more or less , for a storm water retention pond fronting 43 a Avenue along with all improvements thereon, together with all Pasements , rights and uses n - w or hereafter belonging 'hereto (eollectively, the "Property"` 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property shall be Two-Hundred-Thousand-Dollars & 00/ 100 ($200 , 000 . 00) (see Exhibit "A") . 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 propertv taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a) mere exists ' at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County' s ,1 � , , � � intended use and development of the Property . ij 3 .2County may order an Ownership and Encumbrance Report with respect to the Property . County shall , within thirty (3 0) 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 . 217rom 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. F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDA1VERETENTpurchaseagree. doc 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 parry 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 . Closin . 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 , 4(" Closing shall be as follows : T (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to f 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 . Pro -rations . 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 . 0 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 . F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDApVERETENTpurchaseagree. doc 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 , 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 BindingEffect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other parry . 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, as follows : If to Seller : Margaret B . Durwin tt _P ' O_ Box Vero Beach, Florida 32968 If to County: Indian River County 1840 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 . 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 . 7Attorney ' 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 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 Indian River County as set forth in paragraph 2 . F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDt;JERETENTpurchaseagree . doe 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 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 . garet B . Durwin INDIAN RIVER COUNTY, FLORIDA BOARD ' OF CO TY COMMISSIONERS Margar Durwin By : r Peter D . O ' Bryan, C, al Date Signed �3 / Date Signed : janLjar,y 19 . .2010 than River County Administrator oseph A Bai d, dl Ami istrator Date Signed : a - ' ATTEST : J . on, Clerk By : Deputy Jerk Date Signed : ApAilliam s to r g I Sufficiency : By K. e raal Deputy County Attorney F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDWERETENTpurchaseagree. doc DESCRIPTION 0 ACCOMPANY SURVEYSKETCH THIS I NOT AEXHIBITA TRACT 8 , SECTION 16 INDIAN RIVER FARMS CO . SUBDIVISION P . B . 2, PAGES 2 - 25 MARGARET DURWIN ORB . 638 , PG . 1826 r N00' 14' 13 "E 360 . 25 ' :Z)no _ W ~ m a U O Li W O > W Lo z > o A PORTION OF CD �'-„ ¢ C`i o z TRACT 8 , SECTION 16 `�' � CN INDIAN RIVER FARMS CO . SUBDIVISION `% ' Qro z w P . B . 2 , PAGES 2 - 25 MARGARET DURWIN F- ^ CV CnRd- VIIII _ o O H rn z � P . O . B . SOUTHWEST CORNER OF TRACT 8 , SECTION 16 S00' 14' 13 "W 361 . 13 ' R/W - ORB . 638 , PG , 1826 VV R/W/ LINE O . R . B . 914, PG . 822 E. LINE SEC . 16 W . UNE SEC 15 43RD AVENUE �--� (CLEMANN AVENUE) LEGEND : (C) = CALCULATED COR . = CORNER NOTE. THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE ORB = OFFICIAL RECORDS BOOK DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF PGS. = PAGES THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE P . B . = PLAT BOOK PREPARATION OF THE INFORMATION SHOWN HEREON . PG. = PAGE NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY P .O. B. = POINT OF BEGINNING AND/OR EASEMENTS OF RECORD. R/W = RIGHT OF WAY SEC. = SECTION S. L.C. = ST LUCIE COUNTY j TR. = TRACT T. C. E = TEMPORARY PER I ZDATE of SI NATURE: CONSTRUCTION EASEMENT P SIGNAL SURVEYOR AND MAPPER ATE OF FLORIDA REGISTRATION NO. 4213 Gt\AProjects\LNR\PSL2008\PL B649\CAD\EASEMENTS\S&D #147 RW STA 206.dwg 10 /29/2008 114763 AM EDT PROJECT MANAGER DEPARTMENT MANAGER SCAtE: CHECKED BY po PCW 1 '=60' PCW ARCADIS PROPOSED RETENTION AREA$AHEET TITLE DATE. DRAWN BY > oi28iDB BEJ PROJECT NUMBER DRAWING NUMBER ARCADIS U. S., Inc. B649 8 590 NW PEACOCK BLVD„ SUITE 10 Tet: (772) 878-1700 Fax: (772) 878-1802 WF030800 Port St Lude, Florida 34986 www.arcadis-us.com SHEET 2 OF 2 , SKETCH TO ACCOMPANY DESCRIPTION THIS IS NOT A SURVEY 43RD AVENUE , VERO BEACH - RETENTION AREA LEGAL DESCRIPTION : THAT PORTION OF TRACT 8 , SECTION 16 , INDIAN RIVER FARMS CO . SUBDIVISION , PLAT BOOK 2 , PAGES 2 THROUGH 25 AS DESCRIBED IN OFFICIAL RECORDS BOOK 638 , PAGE 1826 , PUBLIC RECORDS , INDIAN RIVER COUNTY, FLORIDA - MARGARET DURWIN SAID PARCEL OF LAND LYING IN SECTION 16 OF TOWNSHIP 33 SOUTH , RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGIN AT THE SOUTHWEST CORNER OF SAID TRACT 8 , THENCE NORTH 89031 ' 24 " WEST ALONG THE SOUTH LINE OF SAID TRACT 8 , A DISTANCE OF 212 . 00 FEET TO A POINT; THENCE NORTH 00' 14 13 EAST, A DISTANCE OF 360 . 25 FEET TO A POINT; THENCE SOUTH 89845 ' 47 " EAST, A DISTANCE OF 212 . 00 FEET TO A POINT; THENCE SOUTH 00' 14' 13 " WEST, A DISTANCE OF 361 . 13 FEET TO THE POINT OF BEGINNING , THE PREVIOUSLY DESCRIBED SOUTH AND EAST LINES BEING COINCIDENT WITH THE SOUTH AND EAST LINES OF SAID PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK 638 , PAGE 1826 . CONTAINING 1 . 76 ACRES OF LAND , MORE OR LESS , BEARINGS ARE BASED ON THE WEST RIGHT- OF- WAY LINE OF 43RD AVE , WHICH BEARS S00' 14 ' 13 "W WITH ALL BEARINGS SHOWN HEREON BEING RELATIVE THERETO . G,\AProjects \LNR\PSL2008\PL _B649\CAD\EASEMENTS\S&D #147 RW STA 206.dwg 10/ 29/2008 11, 47,33 AM EDT PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW 1 '=60 PCW 01 SHEET TITLE NUMBER ARCADIS 0 PROPOSED RETEMiON AREA 0%28/08 DDRAWN J N PROJECT NUMBER RAWING ARCADIS U .S ., Inc . m s 590 NW PEACOCK BLVD., SUITE 10 Tel: (772) 878.1700 Fax: (T72) 878.1802 WF030800 B649 Port St. Lucie, Florida 34986 www.arcacrwus.com SHEET I OF 2 TOGETHER with all the tenements , hereditaments and appurtenances thereto belonging or in anywise appertaining . TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple ; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances , except taxes for the year in which this deed is given ; and restrictions , reservations , limitations , covenants , conditions and easements of record, if any ; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same) . IN WITNESS WHEREOF , the said grantor has signed and sealed these presents the day and year first above written . Signed, sealed and delivered in the presence of son Beal Margaret B . Durwin 585 43 " Ave Vero Beach, FL 32964 Virginia , . Spangler Michael C . Durwin 58543 r' Ave Vero Beach, FL 32964 State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given , by Margaret B . Durwin and Michael C . Durwin ; who was/were either personally known to me ; or produced identification of sufficient character so as to identify said in tvidual ( s) with reasonable certainty ; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid , this 16th day of February, 2010 . �,,.,.. . .,,.... __ lkoe" ? JASON A BM MY COMMISSION 8 DD 823327 EXPIREo ThruuSNot" October 12 ee� � ] Other ATLANTIC COASTAL TITLE CORPORATION A Full Service , Florida Title Insurance Agency This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Title Corporation 3850 20th Street, Suite 6 Vero Beach, Florida 32960 ACTC File Number: 30077991 Parcel ID Number: 33-39-16-00001-0080-00003.0 2047848 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2400 PG:1038, Pagel of 3 02/18/2010 at 1136 AM, D DOCTAX PD $070 JEFFREY K BARTON, CLERK OF COURT GENERAL WARRANTY DEED This deed, made as of this 16th day of February, 2010, by Margaret B. Durwin, joined by her husband, Michael C. Durwin (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 20th St. , Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms 'grantor" and "grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: That portion of Tract 8, Section 16, INDIAN RIVER FARMS CO. SUBDIVISION, as recorded in Plat Book 2, at Page 25, of the Public Records of St. Lucie County, Florida, said lands now lying and being in Indian River County, Florida. Said parcel of land lying in Section 16, of Township 33 South, Range 39 East, Indian River County, Florida, and being more particularly described as follows: Begin at the Point of Intersection of the South line of the North 5 acres of the East 10.56 acres of Said Tract 8 and the West line of the East 40.00 feet of said Tract 8; thence North 89° 31' 24" West along the said South line, a distance of 212.00 feet to a point; thence North 00° 14' 13" East, a distance of 360.25 feet to a point; thence South 89° 45' 47" East, a distance of 212.00 feet to a point; thence South 00° 14' 13" West, a distance of 361.13 feet to the Point of Beginning, the previously described South and East lines being coincident with the South and East lines of said parcel of land recorded in Official Records Book 638, at Page 1826. ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of .7a Virginia'C. Spangler State of Florida County of Indian River Margaret B. Durwin 585 43rd Ave Vero Beach, FL 32964 adi ef,et Michael C. Durwin 585 43rd Ave Vero Beach, FL 32964 The foregoing instrument was acknowledged before me the date hereinafter given, by Margaret B. Durwin and Michael C. Durwin; who was/were either personall known to me; or produced identification of sufficient character so as to identify said in ividual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 16th day of February, 2010. A. BEAL 1116 MY COMMISSION # DD 823327 EXPIRES: October 11, 2012 Vit' ;4F Bonded 'Nu Notary Public Underwriters [ ] Other ATLANTIC COASTAL TITLE CORPORATION A Full Service, Florida Title Insurance Agency N89'31'24"W 212.00' DESCRIPTION TO ACCOMPANY SKETCH THIS IS NOT A SURVEY P.O.B. TRACT 8, SECTION 16 INDIAN RIVER FARMS CO. SUBDIVISION P.B. 2, PAGES 2 - 25 MARGARET DURWIN ORB. 638, PG. 1826 NO0' 14' 13"E 360.25' A PORTION OF TRACT 8, SECTION 16 INDIAN RIVER FARMS CO. SUBDIVISION P.B. 2, PAGES 2 - 25 MARGARET DURWIN POINT OF INTERSECTION OF THE SOUTH LINE OF THE NORTH 5 ACRES OF THE EAST 10.56 ACRES OF TRACT 8, SECTION 16 AND THE WEST LINE OF THE EAST 40 FEET OF TRACT 8, SECTION 16 N S89'45'47"E 2 R/W/ LINE O.R.B. 914, 'PG. 822 LEGEND: (c) = CALCULATED COR. = CORNER ORB = OFFICIAL RECORDS BOOK PGS. = PAGES P.B. = PLAT BOOK PG. = PAGE P.O.B. = POINT OF BEGINNING R/W = RIGHT OF WAY SEC. = SECTION S.L.C. = ST LUCIE COUNTY TR. = TRACT T.C.E = TEMPORARY CONSTRUCTION EASEMENT i. 500'14'13'W 361.13' 0 E. LINE TRACT 8 R/W — ORB. 638, PG. 1826 E. LINE SEC. 16 W. LINE SEC '15 43RD AVENUE (CLEMANN AVENUE) NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PRORTY OR MONUMENTS SET IN CONNECTION WITH THE EPARATION OF ' E INFORMATION SHOWN HEREON. DS SHOW HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY R EASE ENTS OF RECORD. AL AND DESCRIPTIVE CALLS. 1/25/10 BEJ/WFD WILBUR F. DIVINE PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REGISTRATION NO. 4190 Gi\AProJects\LNR\PSL2008\PL_B649\CAD\EASEMENTS\S&D #147 RV STA 206.dw 2 ARCADIS ARCADIS U.S., Inc. 590 NW PEACOCK BLVD., SUITE 10 Tel: (772) 878-1700 Fax: (772) 878-1802 Porl St. Lude, Florida 34986 wwwarcadis-us.com 9 PROJECT PCW I /2 G/1 0 DATE OF SIGNATURE: 10/29/2008 1114733 AM EDT ER 1DEPARTMENT AUIIAGER PCW SCALE: I '=60' CHECKED BY PCW SHEET TOLE DURWIN PROPERTY RETENTION AREA SHEET 2 OF 2 10/28/08 PROJECt NUMBER WF030800 DRAWN BY BEJ DRAWING NUMBER B649