HomeMy WebLinkAbout2010-080 ORIGINAL
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AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
PHILLIP M . AND JOANNE A . SEMENUCK
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is
made and entered into as of the 23rd day of March 20 , by and between
Indian River County , a political subdivision of the State of Florida ("the County") , and Phillip
M . and Joanne A . Semenuck , ( Seller" ) , who agree as follows :
WHEREAS , Phillip M . and Joanne A . Semenuck owns property located at 6480 41 st
Street , 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 Semenuck 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
of 41 st Street ; and
WHEREAS , the County has contacted Phillip M . and Joanne A . Semenuck and has
offered to purchase approximately 0 . 10 acres of property from the Semenucks ' 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 , Phillip M . and Joanne A . Semenuck 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
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ORIGINAL
forth in this Agreement that certain parcel of real property located at 6480 41 st Street , Vero
Beach , Florida and more specifically described in the sketch and legal description attached
as Exhibit "A" , fee simple , containing approximately 0 . 10 acres , 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 ( " Purchase Price " ) for the
Property shall be $ 6 , 394 ( Six Thousand Three Hundred Ninety Four 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 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
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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 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 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 .
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®llUGINA1L
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 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 .
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®lltliGINA1L
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 or facsimile
transmission , as follows :
If to Seller: Phillip M . & Joanne A . Semenuck
6480 415t Street
Vero Beach , FL 32967
If to County : 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 .
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COPY
8 . 11 Fees and Costs : County agrees to pay a reasonable attorney ' s fee to review the
enclosed documents and provide legal advice as to your best interests in the endeavor .
8 . 12 " Seller acknowledges receipt of the " Notice to Owner" and understands his/her
rights granted under Florida Law Chapters 73 and 74 . "
Initials
IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the
date first set forth above .
INDIANw.RrIVER, GO' LINTY FLORIDA
BCARD& O'roCOUNTY-0 OMMISSIONERS
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= Ppter D..' O.' B'ry'an , Ch6irtnag Ph p Aemenuck Date
w '.. .1 . ✓ � it� � .
Approved by BC.C . =` arch 23 , 2010
oanne A . Semenuck Date
ATTEST :
Jeffrey K . Barton , Clerk of Circuit Court
Deputy Clerk
Approved :
seph A Baird , County Administrator
P
r ved as o Form and-Legal Sufficiency :
7zz � a z
County Attorney
6
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Tax ID #32-39-29-00001 -0190-00002.0
Instrument prepared by & should be returned to: 2065452
Indian River County Attorney's Office THIS DOCUMENT HAS BEEN
180127h Street, Veto Beach, FL 32960 RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2419 PG : 859 , Pagel of 2
05112;2010 at 04: 23 PM , D DOCTAX PD
$44. 80
STATUTORY WARRANTY DEED JEFFREY K BARTON , CLERK OF COURT
THIS INDENTURE, made this Zy day of May, 2010 , between PHILLIP M . SEMENUCK
and JOANNE A. SEMENUCK, his wife , whose address is 6480 41 " Street, Vero Beach, FL
32967 , GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, the address of which is 1801 27th Street, Vero Beach, FL 32960, GRANTEE,
WITNESSETH :
That GRANTOR, for and in consideration of the slue of SIX THOUSAND THREE HUNDRED
NINETY-FOUR and No / 100 Dollars ($ 6 , 394 . 00) and other good and valuable consideration to
GRANTOR in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has granted ,
bargained, and sold to the GRANTEE, and GRANTEE' S heirs and assigns forever, the following
described land, situate, lying, and being in Indian River County, Florida :
EXHIBIT " A" ATTACHED HERETO AND MADE A PART HEREOF
AND GRANTOR does hereby fully warrant the title to the land, and will defend the same against
the lawful claims of all persons whomsoever.
Signed the presence of:
sign :
Witness I 1 f i�
print name : KcLr' W V'I PHIL �IP M . SEMENUCK
si
Witness d e
prin ame : / N� ,4 - fc �d ?1ANNE A . SEMENUCK
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of May, 2010, by PHILLIP
M . SEMENUCK and JOANNE A . SEMENUCK, his wife , who a personally lmown to me or
produced F�. 'Y L :5 as identification
sign :
otary Pub is
Affix Notary stamped seal showin LINDA A C C EWI
�h0VSD AS FC2
Commission # & expiration date : ,,�Pprn°B''• Notary Public • state of Florida
A11�4Q7 (s~ AL SU 1 I C`Y =•'WOO =
My Commis�n Expires Nov 11 , 2010
Commission0 DD 612"5
(BY to t, ' BonmMwoughNallonsiNotaryAom,
WILLIAM K . DEBKAAL
DEPUTY COUNTY ATTORNEY
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LEGAL DESCRIPTION
RIGHT OF WAY PARCEL
N THE SOUTH 23 . 00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS RECORDED IN OFFICIAL
RECORDS BOOK 783 , PAGE 490 :
XBEGINNING AT A POINT ON THE WEST LINE OF TRACT 19 IN THE NORTH HALF OF SECTION 29 ,
Lu E TOWNSHIP 32 SOUTH , RANGE 39 EAST, ACCORDING TO THE PLAT OF INDIAN RIVER FARMS
COMPANY WHICH SAID PLAT WAS FILED MARCH 23 , 1915 ; AND AMENDED IN PLAT BOOK 2 ,
PAGE _
25 , PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA , WHERE SAID WEST LINE IS INTERSECTED
BY
S NORTH BOUNDARY LINE OF SOUTH GIFFORD ROAD AS RECORDED IN PLAT BOOK 4, PAGE 372
INDIAN RIVER COUNTY, FLORIDA , THENCE RUN EAST ALONG THE NORTH BOUNDARY LINE OF SOUTH
GIFFORD ROAD 195 FEET; THENCE NORTH ON A LINE PARALLEL TO THE WESTERN BOUNDARY LINE
0 60' 120' OF SAID TRACT 19 A DISTANCE OF 225 FEET; THENCE A DISTANCE OF 195 FEET TO
THE WESTERN
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OF
GR�IPHIC SCALE 60' SAID TRACT 19 A DISTANCE OF 225 FEET TO THE POINT OF BEGINNING .
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CONTAINING 4, 485 SQUARE FEET OR 0 . 10 ACRES , MORE OR LESS .
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2 ) THE BEARING BASE FOR THIS SURVEY, IS THE SOUTH LINE OF THE NORTH Y2 OF SECTION 29 .
sub c7 .@o notes and nit
SAID LINE BEARS NORTH 89 '51 ' 29 " EAST. �; s /" °• ''Ik ' '
3 ) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION
PROCESSES . E. C .DJE
'4 ) RIGHT OF WAY LINES AS SHOWN HEREON ARE BASED UPON THE INDIAN RIVER FARMS "°ArE
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COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2 , PAGE 25 . `N0lP;VAL`]°'
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