HomeMy WebLinkAbout2013-131 ?f log 100 /5
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY AND THE ESTATE OF EARL A.
HOBBS, JR . , BY SUSAN HOBBS , PERSONAL REPRESENTATIVE
THIS AGREEMENT TO PURCHASE AND SEL REAL ESTATE ("Agreement") Is
made and entered into . as of the 17L'�day of , 2013 , by and between
Indian River County, a political subdivision of the0l ate of Florida , 1801 2j* Street, Vero
Beach, FL 32960 ("the County") , and the Estate of Earl A. Hobbs, Jr. , by Susan Hobbs,
Personal Representative, 6420 4e Street, Vero Beach, FL 32967 ("Seller"), who agree as
follows:
WHEREAS, the Estate of Earl A. Hobbs, Jr. , , owns properly located at 6420 4e
Street, Vero Beach , Florida, a sketch and legal description of the properly is attached to
this agreement as Exhibit "A" and incorporated by reference herein; and W- Idu
it,
WHEREAS , Earl A. Hobbs, Jr. , passed away recently and his daughter.'Susan
Hobbs, has been appointed Personal Representative of the Estate. A copy of the Letters
of Administration are attached as Exhibit "B" and Incorporated by reference herein, and
WHEREAS , the County, is scheduled to expand 6e Avenue and its side streets in
the future and the road expansion will impact and affect the Seller's property; 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 6e Avenue; and
WHEREAS, the County has contacted the Seller and has offered to purchase an
approximately 0. 1 .467 acre parcel of property from the Sellers to be used as right-ofway
and a associated temporary construction easements (Parcel #105) as depicted on Exhibit
"A° (collectively, the Property); and
WHEREAS, the County is prepared to take the Property by using its power of
eminent domain % and
WHEREAS, the Seiler 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 terns, conditions, promises,
covenants and premises hereinafter, the COUNTY and SELLER agree as follows%
1 . ffikols, The above recitals are affirmed as being true and correct and are
incorporated herein
1
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 and associated temporary
construction easements located at 6420 4e Street, Vero Beach , Florida and more
specifically described as Parcel 105 in the sketch and legal description attached as Exhibit
"K, containing approximately 1 .467 acres, and all improvements thereon , together with all
easements, rights and uses now or hereafter belonging thereto (collectively, the
"Property') .
2. 1 Purchase Price, Effective Date. The purchase price CPurchase Price') for the
Property shall be $100,000.00 (One Hundred Thousand Dollars), The Purchase Pnice 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 .
3* Title. Seller shall convey marketable title to the Property by Personal
Representatives deed free of claims, liens, easements and encumbrances of mord 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'.
4. Rgpresentations 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 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 perform any of its obligations hereunder, the
Seiler 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.
2
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 Seiler 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 (11) obtain specific performance of the terms and conditions
hereof, or (iii) waive the Seller's default and proceed to Closing.
6 . Closing.
. 1 The dosing of the transaction contemplated herein rClosing" and "Closing Date")
shall take place within 15 days following the execution of the contract by the Chairman of
the Board of County Commissioners . With the written consent of the Sellers, the County or
its agent shall be responsible for obtaining any partial releases or satisfactions of
encumbrances on the Property. The closing date shall automatically be extended by a
period of 30 days if the delay in closing is attributable to obtaining partial satisfaction and
release of mortgage(s) encumbering the Property so long as the County is acting in good
faith with the holder of the encumbrance to partially release or satisfy the encumbrance.
The parties agree that the Closing shall be as follows.
(a) The Seller shall execute and deliver to the County a Pergonal Representatives deed
conveying marketable title to the Property, free and clear of all liens and encumbrances
and in the condition required by paragraph 3.
(same
b) The Seller shall have removed all of their personal property and equipment from the
Property and Seiler shall deliver possession of the Property to County vacant and in the
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 dose 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.
7. Closing Costs: Expenses. County or its agent shall be responsible for preparation of
all Closing documents.
3
I
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OWNER: EARL a HOBBS, ,R.
N ADORES: 6420 49TH STREET
;< VERO BENCH, FL, 32966
PID — 323920000010050MMI .0 :
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S.LC.R. TRACT 6
N P.B. 2, PG. 25,
S.LC.R.
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I+{ OWNER: EARL A. HOBBS. JR.
ADDRESS: 6420 49TH STREET
VERO BEACH, FL, 32966 EAST LINE OF
PID - at32392000001005000001 .0 TRACT 5
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DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT �\
Consisting of a 7 foot wide parcel (north/south) that Is 400 feet in length (easUwest) and
located adjacent to the northwest portion of the part taken, Parcel 163: beginnir�
adjacent to the northwest portion of I the proposed part taken and also includes an
adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel,
consisting of 3,250 square fleet or 0.0746 acres.
r
1126130012700 RECORDED IN THE RECORDS OF JEFFREY R $MITE, C LIRK OF aRCU1T COURT DMIAN RIVER 160 FL,
BK: 2647 PG: 696, 21=013 11*613 AM •
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IN THE CIRCULI COURT FOR INDIAN RIVER 13 FEB 20 PM 4 = 07
COUNTY, FLORIDA PROBATE DIVLSION ; :T: '
IN RE: ESTATE OF 312013CP000145 '' -
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IMF71low
FQe No. Assigned vo
&
EARL HOBBB, JR. A/K/A ROBERT HA Y
EARL A. HOHHS, JR. A WA Died ea PROBATE
EARL AUSTIN 80885, JR.
Deceased.
OATH OF PERSONAL REPRESENTATIVE
AND DT!BIGNATION AND ACCEPTANCE OF RESIDENT AGENT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I, SUSAN HOBBS (Affl ot), safe under oath that
1 . Iamqualifiedwi@ ndicp ovisiowofSectlons733.302. 733.303and733.304ofthe
FWdaPwba is Code to am as personal Svc ofthe estateofEARL HOBBS, JR. A/K/A
EAR•L.A. HOBBS, JR. A/K/A EARL AUSM HOBBS, JR, deceased.
2. I will faithfiilly administer the sa to of the deceit aocordiag to law.
3. My place of residecee is 7245 - 37th Sheet, Veto Beach, Florida 32966, anus ny post
office address 's the some,
4. I hereby designate BURNEYJ. CARTBR, PA, who is amember of 7U Florida Bar,
who isar of INDIAN RIM Couady, Florida, whose oBloe addmss is 1623 N. U.S. IRghway
#1 , Suite A t Ste, Florida 329SS and whose post office address is Post OBice Box 780266,
Sebasdan, FI. 32 -0266 as my agent for the servico of process cc m
978any robot► against me,
either in my repr+eseNtivo cepacity, or personally, if the personal action accrued in the
admiafistcation of the estaee.
SUSAN HOB ,
Sworn to and subscribed to before me onL_ , 2013, by Afflaut, wbo is
pwarsoantl.ly Iwown to me gt — or who produced _ as
identiSc�tton. .
J2 (AI£nc N=' 40pf
vp
BK: 2647 PG: 697
ACCEPTANCE
I CERTIFY brat I am a pe mu neat resideat of ML4,N RPM County, Florida, and my
office address is as indicated above. I hereby accept the foregoing designation as Resident Agent.
Signed an fii9&UAT,(� . 2013.
B PA, Resident Ageot
BIG 2647 PGs 697
ACCEPTANCE
I CERTIFY that I am a pemum at tesid6t of INDIAN RIVER Co=Ly, Florida, and my
office address is as uxbcated abom I hereby mcept the fomegoing dedgmdon as Resident Agent
Signed an F4&"- . 2013. 77
BuRtNvVTO MPJL, Resident Agend
EXHIBIT " C "
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