HomeMy WebLinkAbout2010-103 ORIGINAL $
AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN
RANDY AND LINDA KURPIL AND INDIAN RIVER COUNTY
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is
made and entered into as of the 4th day of May 2010 , by and between
Indian River County , a political subdivision of the State of Florida (" the County" ) , and
Randy and Linda Kurpil , ( " Seller") , who agree as follows :
WHEREAS , Randy and Linda Kurpil own property located at 4560 67th Avenue
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 66th Avenue in . the future and the
road expansion will impact and :affect the Kurpils ' property; and
WHEREAS , in order forthe 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 66th Avenue ; and
WHEREAS , the County has contacted the Kurpils and has offered to purchase an
approximately 0 . 74 acre parcel of property from the Kurpils to be used as right- of-way 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 , the Kurpils 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 at 4560 67th Avenue ,
Vero Beach , Florida and more specifically described in the sketch and legal description
attached as Exhibit "A" , containing approximately 0 . 74 acre , and all improvements thereon ,
together with all easements , rights and uses now or hereafter belonging thereto
( collectively , the " Property") .
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ORIGINAL,
2 . 1 Purchase Price Effective Date . The purchase price (" Purchase Price " ) for the
Property shall be $ 47, 150 (Forty- Seven Thousand One Hundred Fifty Dollars ) . 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
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 written notice to Seiler 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 Seiler 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 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 .
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ORIGINAL
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 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 ( 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 receipt of the Appraiser' s Final Report . 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 the7 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 .
7 . Closing Costs ; Expenses , County shall be responsible for preparation of all Closing
documents .
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ORKANAL
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 . 1 . 4 An attorney ' s fee of $2 , 357 . 50 to Ralph Evans of Stewart Evans , Stewart and
Emmons .
7 . 1 . 5 An appraisal fee of $ 375 . 00 .
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 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 . 3 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 .
8 . 4 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 or facsimile
transmission , as follows :
If to Seller : Randy and Linda Kurpil
4560 67t" Avenue
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ORIGINAL
Vero Beach , FL 32967
If to County : Indian River County
1801 27th Street
Vero Beach , FL . 32960- 3388
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 . 5 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 . 6 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 . 7 . Counterparts . This Agreement may be executed in two or more counterparts , each
one of which shall constitute an original .
8 . 8 . County Approval Required : This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2 .
8 . 9 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 . 10 Fees and Costs : County agrees to pay 5 % of the purchase price ($ 2 , 357 . 50) for
costs and attorneys fees .
8, 11 "Seller acknowledges receipt of the "Notice to Owner " and understands his/her
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ORIGINAL.
rights granted under Florida Law Chapters 73 and 74 . "
Initials
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ORIGINAL
.Ap nA�� HN�j /.. ./° •
IN WITNESS WHEREOF , pt �sn sign
Moi executed this Agreement as of the
date first set forth above .
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INDIAN RIVER COUNTY , FLORA °°.: too
BD OF COUNTY COMMISSI . „
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Peter D . OBryan , Chairm Randy KurpW DEfte
Approved by BCC May 4 , 2010
4XVD
Li da Kurpil Date
ATTEST :
Jeffrey K . Barton , Clerk of Circuit Court
Deputy Clerk
Approved :
C
seph ird , County Administrator
Ap a as to orm e I Sufficiency :
County Attorney
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SKETCH TO ACCOMPANY DESCRIPTION ,
THIS IS NOT A SURVEY !
LOCATION MAP : NOT TO SCALE
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P p_. I 53rd St . 1:f•C RANDY AND LINDA KURPIL
o 49th t , 20 ¢ 21
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V , 45th St . u DELIMITED ARE
26 p 25 41 th ¢ ..S . Giffor Rd . g30 27
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30 29 28
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LEGAL DESCRIPTION : PARCEL 116
BEING A PORTION OF LOT 3 , LATERAL ' A' SUBDIVSION , P . D . , ACCORDING TO THE PLAT THEREOF,
AS
RECORDED IN PLAT BOOK 15 , PAGES 1 AND 1A, PUBLIC RECORDS , INDIAN RIVER COUNTY , FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGIN AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 2 AND THE WEST LINE
OF A
DEDICATED RIGHT- OF -WAY, 10 . 00 FEET IN. WIDTH , PER SAID PLAT OF LATERAL 'A' SUBDIVISION , P . D . ;
THENCE NORTH 89' 51 '47 " WEST, ALONG SAID SOUTH LINE , A DISTANCE OF 107 .35 FEET ; THENCE NORTH
01 ' 24 '33 " EAST, A DISTANCE OF 239. 80 FEET; THENCE NORTH 00'08'41 " EAST, ALONG A LINE 112
.00
FEET WEST OF (AS MEASURED AT RIGHT ANGLES ) AND PARALLEL WITH THE EAST LINE OF SAID LUT
3, A
DISTANCE OF 71 , 46 FEET TO A POINT ON THE NORTH LINE OF SAID .LOT 3; THENCE SOUTH
89'51 ' 47 "
EAST , ALONG SAID NORTH LINE , A DISTANCE OF 102 . 00 FEET; THENCE SOUTH '00' 08' 10 " WEST, ALONG
SAID WEST LINE , A DISTANCE OF 311 . 20 FEET TO THE POINT OF BEGINNING .
CONTAINING 0 .74 ACRES , MORE OR LESS .
CERTIFICATION :
I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE
WITH THE SURVEYING STANDARDS, CHAPTER 61G1 .7 - 6; FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS & MAPPERS , PURSUANT TO SECTION 472 . 027 , FLORIDA STATUTES, AND IS TRUE
AND CORRECT TO THE BEST OF MY 'KNOWLEDGE AND BELIEF.. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER; THIS LEGAL DESCRIPTION AND SKETCH IS FOR
INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
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
PERRY C. WHITE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN
LICENSE NO . 4213 , STATE OF FLORIDA HEREON . NOTE: LANDS SHOWN HEREON WERE NOT
ABSTRACTED FOR RESTRICTIONS , RIGHTS - OF- WAY AND
DATE : 12/6/06 REV 1 - 22 - 07 BEJ EASEMENTS OF RECORD .
z PROJECT MANAGER DEPARTMfT MANIACER SCALE: CHECKED BY
PCW PC'N 1 " : 30' PCW
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(� West Palm Beach, Florida 33411 w,wr.arcadk -mccm SHEET ) OF 2
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SKETCH TO ACCOMPANY DESCRIPTION .
THIS IS NOT A SURVEY !
EXHIBIT " JA "
130 ' LATERAL "A" CANAL
INDIAN RIVER FARMS CO. PLAT OF LANDS
P . B. 2 , PG , 25 P . O . B .
EAST LINE OF SECTION 19 - 32 - 39 -- POINT OF INTERSECTION OF
i SOUTH LINE OF LOT 3 AND
WEST R/W LINE EAST LINE OF LOT 3 WEST LINE OF 10' R/W PER PLAT OF
o— -�- -" OF LATERAL LATERAL 'A' SUBDIVISION P . D .
STA: 265 + 81 . 35STA: 262 + 70. 63
OFFSET: 19 . 00 R + 311 . 30 ° ( P ) 66th AVENUE OFFSET: 2. 4 . 35 R
(C . R . 615) _ _
o Q a r S00 08 10 "W 311 . 20 - - - 263 + 00 - -
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> o � 266 + 0C �, 265+ 00 264+ 00 coo—
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Zz `� ¢ d' O 10 ' R/W PER OF SURVEY 11 ,6 n if)
o Q � � w j LATERAL "A" SUBDIVISION , P . D .
L I F `° a � m-'_ - P . B . 150 PG . 1 , I . R . C . R - - - - - Lo - C) - - - �� --
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`" `� � LATERAL A SUBDIVISION , P . D , w �' o
CDOWNERS : RANDY AND LINDA KURPIL N
co 4560 67th AVENUE
L � VERO BEACH , FL . , 32967
°�L PiD : 32391900002000000003 . 0
cn
SCALE 1" _ 80 ' O . R . B . 1550 , PG . 262E
LEGEND : 208 . 7.1 '
P.O .C. — POINT OF
COMMENCEMENT - I
P .O ,B. - POINT OF BEGINNING 00
P . B . - PLAT BOOK CD I
PG . - PAGE
S. L. C , R. - ST. LUCIE COUNTY
RECORDS
311 . 20 '
PROJECT !.V.NAGER QEPAJiTNENT !,+?NAGER SCALE: DUKED BY
PC1'! PCW 1 " 80' PCV?
SHEET TITLE 012%6/06 B J N BY
N J ADDITIONAL R/WARCADIS
PROJECT NU! IBER DWING NUMBER
ARCADIS U . S . , Inc .
5 2081woPa"aV Tel: lssllrT"'000 Fax: (661 ) 697-7751 'NP001051 1053SD116
West Palm Beach, Florida 33411 w+"+r•a� 0= SHEET 2 OF 2