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Home My WebLink About2014-070Original S'•.2 o.x ol� AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE t. 8, at? BETWEEN INDIAN RIVER COUNTY AND 40/4'.070 RALPH P. HAMILTON AND KATHERINE S HAMILTON THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement') is made and entered into as of the 20 day of May, 2013, by and between Indian River County a political subdivision of the State of Florida ("the County"), and Ralph P. Hamilton and Katherine S. Hamilton, who agree as follows: WHEREAS, Ralph P. Hamilton and Katherine S. Hamilton owns property located at 8740 Shore Lane, Vero Beach, Florida. A sketch and legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to expand CR510, also known as 85th Street, in the future and the road expansion will impact the property of Ralph P. Hamilton and Kathenne S. Hamilton; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to CR510; and WHEREAS, the County has contacted Ralph P. Hamilton and Kathenne S Hamilton and has offered to purchase right-of-way of approximately 0147 square feet of property as depicted on Exhibit 'A" (the Property), and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, Ralph P. Hamilton and Katherine S. Hamilton and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. 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 on 8740 Shore Lane Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "A', fee simple, containing approximately 147 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the `Property"). Also, the purchase will include a 10 feet 1 Original temporary construction easement, running parallel with the proposed right-of-way, as described in Exhibit "A' . 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the right- of-way shall be $2,282.15 (Two Thousand Two Hundred Eighty -Two and 15/100 Dollars), plus the County agrees to pay $14,000 (Fourteen Thousand Dollars) to extend the 6 foot block privacy wall, to be erected after the construction of the widening project is completed. The Purchase Price shall be a total of $16 282 15 (Sixteen Thousand Two Hundred Eighty -Two and 15/100) and will 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 wntten 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. 4.3.1 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 2 Original district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform 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 pnor 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 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. 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) 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. 6.2 Taxes. 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. 3 Original 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 7.1.1 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 for the 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. 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, 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 pnor 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 4 Original by certified mail, return receipt requested, or if sent via "overnight" couner service or facsimile transmission, as follows: If to Seller: If to County: Ralph P. and Katherine S. Hamilton P O Box 881 Vero Beach, FL 32961-0881 Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates 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 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 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 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Flonda Law Chapters 73 and 74.' A. * Initials 5 Original IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNT'( COMMISSIONERS Pete D. O'Bryan, Chairma Approved by BCC 05-20-14 erA&L art 11 J •• d, ' • S�^�`� rine f=� S. Hamilton Dat Ralph P. Hamilton Date *1 . 9 o +, •��• O�d ATTEST: Jeffrey R.Smith, Clerk of Court and Comptroller Bye ,%eQtiit Deputy Cler Approved: seph Bairc, County Administrator Approved as to Formad -Legal Sufficiency: County Attorney 6 SKETCH OF DESCRIPTION PARCEL 31392700003000000004.0 RALPH P. AND KATHERINE S. HAMILTON O.R.B. 1087, PAGE 2028 STATE ROAD 510 RIGHT-OF-WAY PARCEL 481 EXHIBITA • SURVEYOR'S NOTES: 1. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1/4 OF SECTION 28; SAID LINE BEARS S 89°55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT 4. THIS LEGAL DESCRIPTION AND SKETCH 1S BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED 'FINAL GMB 3-08'. CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND a Q R PG. C.R. FND. ESMT D L R P .O.C. R/W P .O.B. P .B. D .E. U.E. SEC. S .R. O.R.B. ▪ BASELINE • CENTER LINE • PROPERTY LINE • PAGE ▪ COUNTY ROAD • FOUND • EASEMENT • DELTA • ARC LENGTH • RADIUS • POINT OF COMMENCEMENT • RIGHT-OF-WAY • POINT OF BEGINNING • PLAT BOOK • DRAINAGE EASEMENT • UTILITY EASEMENT • SECTION • STATE ROAD • OFFICIAL RECORDS BOOK CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. CHRISTOPHER P MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE 0 Cat THE CARDNO TBE 3127 N.W. SSth STREET FT. LAUDERDALE. FL. 33309 PMONE••954-935-9359 LB•6665 PARCEL SKETCH - NOT A SURVEY STATE ROAD N0. 510 - PARCEL 481 INDIAN RIVER COUNTY BY DATE DRAIN C MILLER 03-11-13 PREPARED BTS CARDNO TBE IDATA SOURCE• N/A CHECKED I M SOIERS 03.12-13 CARDNO TBE PRI 05038-002-00 1 SHEET 1 OF 3 SECTION 28-3-39 I" • 60' SKETCH OF DESCRIPTION PARCEL 31392700003000000004.0 RALPH P. AND KATHERINE S. HAMILTON O.R.B. 1087, PAGE 2028 STATE ROAD 510 RIGHT-OF-WAY PARCEL 481 28 LI 33 NARANJA TRACT SHELLMOUND BEACH P.B. 1 PG. 6 s 1 clew #b9p�&� �1��y ti 74 ceN �c lCn ti A F \e l RALPH P. 8 KATHERINE S. HAMILTON O.R.B. 1087, PG. 2028 31392700003000000004.0 cDHS yo 9 sssp \ tt t $9°55'50" E ECTION L NE a @ SURVEY C.R. 510 (WABASSO RD.) O.0 S. 1 /4 CORNER SEC. 28-31-39 FND. BOAT SPIKE LINE DATA CURVE DATA CI DISTANCE C2 S 89°55'50" E A • 44°53'20" A • II°10'35" L • 519.58' L • 558.82' R • 663.19' R • 2.864.79' 28 LI 33 NARANJA TRACT SHELLMOUND BEACH P.B. 1 PG. 6 s 1 clew #b9p�&� �1��y ti 74 ceN �c lCn ti A F \e l RALPH P. 8 KATHERINE S. HAMILTON O.R.B. 1087, PG. 2028 31392700003000000004.0 cDHS yo 9 sssp \ tt t $9°55'50" E ECTION L NE a @ SURVEY C.R. 510 (WABASSO RD.) O.0 S. 1 /4 CORNER SEC. 28-31-39 FND. BOAT SPIKE LINE DATA LINE BEARING DISTANCE LI S 89°55'50" E 289.11' L2 N 56°21'25" E 577.30' L3 S 33°38'35" E 40.00' L4 N 56°21'25" E 5.02' L5 S 28°26'23" E 29.68' L6 S 61°33'37" W 5.00' L7 N 28°26'23" W 29.23' CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. CHRISTOPHER P MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE Oaring" TBE CARDNO TBE 342T New. SS*A STREET FT. LAUDERDALE. FL. 33309 PIIONE••9SA-93S-9364 LB•6668 PARCEL SKETCH — NOT A SURVEY STATE ROAD N0. 510 - PARCEL 181 INDIAN RIVER COUNTY BY DATE DRAM C MILLER 03.11-13 PREPARED BT. CARDNO TBE DATA SOURCE. N/A DECKED M SOBERS 03.12-13 CARDNO TBE Phis 05038-002-00 SHEET 2 OF 3 SKETCH OF DESCRIPTION PARCEL 31392700003000000004.0 RALPH P. AND KATHERINE S. HAMILTON O.R.B 1087. PAGE 2028 STATE ROAD 510 RIGHT-OF-WAY PARCEL 481 STATE ROAD 510 RIGHT-OF-WAY PARCEL 481 A PORTION OF LOT 4, "NARANJA TRACT SHELLMOUND BEACH", ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 1, PAGE 6, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST OF INDIAN RIVER COUNTY SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89°55'50" EAST. ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE. HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44°53'20' AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45°10'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 1,062 02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE N ORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE. H AVING A RADIUS OF 2,864 79 FEET, THROUGH A CENTRAL ANGLE OF 11°10 35", AN ARC DISTANCE OF 558.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 56°21 25" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 577 30 FEET; THENCE SOUTH 33°38'35" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE NORTHWEST CORNER OF A P ARCEL OF LAND OWNED BY RALPH P. 8 KATHERINE S. HAMILTON, AS RECORDED 1N OFFICIAL RECORDS BOOK 1087 PAGE 2028 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N ORTH 56°21'25" EAST, ALONG SAID EXISTING SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 5.02 FEET; THENCE SOUTH 28°26'23" EAST A DISTANCE OF 29.68 FEET; THENCE SOUTH 61°33 37" WEST, A DISTANCE OF 5.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID HAMILTON PARCEL AND A POINT ON THE EXISTING EASTERLY RIGHT-OF-WAY LINE OF SHORE LANE; THENCE NORTH 28°26'23" WEST ALONG SAID WESTERLY LINE OF H AMILTON PARCEL AND SAID EXISTING EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 29.23 FEET TO THE POINT OF BEGINNING. S AID PARCEL CONTAINING 147 SOUARE FEET (0.003 ACRES) MORE OR LESS. �J J Ca/'dno TEE CARDNO TBE 3427 N.*. SS*n STREET FT. LAUDERDALE. FL. 33309 PwONE••954-938-9389 L8062611 PARCEL SKETCH - NOT A SURVEY STATE ROAD NO. 510 - PARCEL 481 INDIAN RIVER COUNTY Br DATE DRAIN C MILLER 03-11-13 PREPARED Bre CARDNO TBE DATA SOURCE. N /A CHECKED M SOIERS 03-12-13 CARDNO TBE PNs 05038-002-00 SHEET 3 OF 3