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HomeMy WebLinkAbout2007-087RESOLUTION NO. 2007- 087 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF LAND WITH RUBEN AND SANDRA KOCH WHEREAS, Ruben and Sandra Koch are the owners of real property located along 8th Street situated near the proposed 66th Avenue; and WHEREAS, the County owns a parcel of land adjacent to the Koch's and both parcels abut 8th Street; and WHEREAS, it is the opinion of the Board of County Commissioners that the County owned parcel is not needed for county purposes; and WHEREAS, it is in the best interest of the County that such property be exchanged for other real property, which the County desires to acquire for county purposes; and WHEREAS, the County plans widening and improvements to 8th Street that will require the utilization of parts of the Koch's property located on 8th Street, Vero Beach, Florida; and WHEREAS, the terms and conditions of the proposed exchange were noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125.37, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Exchange Agreement between Indian River County, Florida, and Ruben and Sandra Koch is approved and Chairman is authorized to execute the Agreement and any necessary deed to effectuate the exchange. RESOLUTION NO. 2007- 087 The resolution was moved for adoption by Commissioner Bowden and the motion was seconded by Commissioner Davi s , and, upon being put to a vote, the vote was as follows: Gary C. Wheeler, Chairman Aye Sandra L. Bowden, Vice Chairman Aye Wesley S. Davis, Commissioner Aye Peter D. O'Bryan, Commissioner Aye Joseph E. Flescher, Commissioner Aye The Chairman thereupon declared the resolution duly passed and adopted this 4th day of September, 2007. Approved as to form And le al s ff„iency: B William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Gary heeler, Chairman BCC approved: 09/04/07 ATTEST: Jeffrey K. Barton, Clerk By: eputy Clerk REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND RUBEN AND SANDRA KOCH This Agreement entered into this day of August, 2007 between Indian River County, a political subdivision of the State of Florida ("the County") 1840 25th Street, Vero Beach, Florida 32960; and Ruben and Sandra Koch, husband and wife, 5745 36th Place, Vero Beach, Florida 32966 ("the Koch's"). WHEREAS, the County plans widening and improvements to 8th Street from 66th Avenue to 74th Avenue that will require the utilization of part the Koch's property located on 8th Street, Vero Beach, Florida; and WHEREAS, the County owns a parcel of land adjacent to the Koch's property (former Franks property) and both parcels abut 8th Street; and WHEREAS, the County and the Koch's hereby agree to an exchange of portions of their respective properties as follows: a. The County hereby agrees to purchase from the Koch's, 0.81 acres of property identified as parcels 111, 112, 114 and 115 depicted on the sketch and legal description attached and incorporated by reference as Exhibit A. The Agreement to Sell and Purchase Real Estate is attached and incorporated by reference as Exhibit "B", b. The County agrees to reimburse the Koch's for their tree nursery stock lost as a result of the exchange, and in exchange b. The Koch's agree to purchase from the County a 0.19 acre parcel of property (8,250 sq. ft.) depicted on the sketch and legal description attached and incorporated by reference as Exhibit C. and c. The parties acknowledge that there is a lease covering the former Franks parcel that will expire on March 30, 2008; and WHEREAS, each party is indivisibly seized of their respective parcel of property and shall convey marketable title to their respective parcel by warranty deed free of claims, liens, easements, and encumbrances, but subject to property taxes for the year of closing; and WHEREAS, this Exchange Agreement is subject to final approval by the Indian River County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published once a week for two weeks before consideration by the BCC. NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter, the Koch's and the County agree as follows: 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. The parties agree to schedule a closing date within 60 days from the date of the last signature on this agreement. 3. As part of the property exchange, the Koch's agree to convey to the County parcels 111, 112, 114 and 115 of their property located on 8th Street, Vero Beach, Florida, consisting of 35,283.6 square feet (0.81 acres) as depicted on Exhibit A attached. A. The County shall pay to the Koch's the sum of $48,762.57 on the day of closing. The parties agree that the above sum is based on a value of $70,000.00 per acre and agree on the following calculations: 0.81 Acres x $70,000.00/acre Tree Nursery stock reimbursement Subtotal from County 0.19 Acres x $70,000.00/acre TOTAL TO KOCH'S = 56,700.00 to Koch's = 5,320.00 to Koch's 62,020.00 = 13,257.57 to County = 48,762.43 B. The County shall demolish and remove any structures on the 0.19 acre parcel prior to conveying it to the Koch's. C. During the course of construction of the road and drainage improvements to 8th Street, the County will consult with the Koch's to make sure that the current drainage pattern is kept in substantially the same condition as it exists at the time of execution of this agreement. 4. At the same time, the County agrees to convey to the Koch's the northern portion of the former Franks property, consisting of 8,250 square feet (0.19 acres) as depicted on Exhibit C attached. A. Said deed will be held in escrow by the County Attorney's office until 45 days after expiration of the lease on_March 30, 2008 or until the Franks vacate the leased premises, which ever occurs first. At the time the former Franks parcel becomes vacant, the County shall have 45 days to demolish the structure on the parcel and upon completion of the removal of the debris from demolition, the deed shall be released from escrow. B. Upon release of the deed held in escrow, the County shall cause the deed to be recorded in the public records of Indian River County. 5. Each party shall convey marketable title to their respective parcels by warranty deed free of claims, liens, easements, encumbrances and property taxes prorated for the year of closing. 6. County shall be responsible for preparation of all Closing documents. a. County shall pay the following expenses at Closing: The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7. Seller shall pay the following expenses at or prior to Closing: 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 conveyed to the County. 8. In the event a dispute arises over this agreement, the Seller and County shall each pay their own attorneys' fees and costs. 8. This Agreement and its attachments constitute the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. Ruben Ruben Koch Date Signed: Sandra Koch Sandra Koch Date Signed: Indian River County Board of County Commissioners Gary C. heeler, Chairman Date Signed: CI 0—) Approved as to form and legal sufficiency: Attest: J. K. Barton, Clerk illiam K. DeB aal Deputy County Attorney By: Deputy Clerk Re. Estate Acquisition Agent EXHIBIT "C" w 91 'OWL 'VOW Assir- 51 1O`d211 '3V 91. '3 JO '0V 9'M JO 3Nn •3 ,011 -H 0 �.I 91 1.31M1 •Ov 91 '3 Z 3O 3Nn 'M ir 91 1Od211 "OV OZ '3 JO 3Nn 'M 0� J -H w co 0 M ,09 0 0 CL CL LEGAL DESCRIPTION LO -CL -L 03.1101d OM0'381 ZtfO :3113 'OM OV3d z w tiJ ¢ w cc __ O_OE 1- Ja QM '�ZOJ 1-0 ¢Q WWm F-Wffi �w =QwnWpU)pRQZ�Q O (1). 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JZ gam O U V O <� LA z W 1 H • 03 ti H OZ CIQ_Q -Ocz V 00 w Inc.\o ma w [r e>.0Q J Q d (Y CJ CLL. hi) 0 Z 1 2 O 1- U W E18 ITA8ENT TO PURCHASE AND SELL REAL ESTQ 16/ THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of August, 2007, by and between Indian River County, a political subdivision of the State of Florida ("County"), and Ruben Koch and Sandra Koch, husband and wife, ("Sellers"), 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 Agreement, that certain parcel of real property located at 8th Street, Vero Beach (see attached Exhibits "A"County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference of the 4 parcels, numbered 111, 112, 114 and 115, containing approximately 0.81 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the right-of- way fronting the 4 parcels shall be Fifty -Six Thousand Seven Hundred 00/00 Dollars ($56,700.00) plus the purchase of nursery stock within the right -or -way, for the price of Five Thousand Three Hundred Twenty Dollars ($5,320.00). See attached Exhibit "B" for list of nursery stock inventory. 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. -1- 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 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 60 days following the Effective Date of this Agreement. 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. -2- (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. 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. -3- 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. 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: If to County: Ruben & Sandra Koch 5745 361h Place Vero Beach, FL. 32966 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 -4- 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. 9.0 The Property: Parcel I. D. Number 33-39-07-00001-0150-00001.0 .23 acre Parcel I. D. Number 33-39-07-00001-0150-00002.0 .12 acre Parcel I. D. Number 33-39-07-00001-0150-00004.0 .23 acre Parcel I. D. Number 33-39-07-00001-0150-00005.0 .23 acre Nursery Stock Inventory within the Right -of -Way (see Exhibit "B") .81 acre $16,100.00 $ 8,400.00 $16,100.00 $16,100.00 $ 5,320.00 $62,020.00 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. SELLER: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: L-- -�� By: Ruben Koch Date Signed: (9�16 G.4 By: Sandra Koch Date Signed: c9 %6 -5- Gary heeler, Chairman Date Signed: q 07 Attest: J. K. Barton, Clerk By Deputy Clerk Date Signed: tfra /`. APPROVED AS TO FORM AND EGAL S FRC WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY CIAJAC? if • 0 ' O 73Ta'0 CCP II • it u73D13 ZAz 5 Om 0 mz z rn D o o -� -� O> 0 CJ ,r, _ w ry i. Dm-Im<M--t'TI(n>-4X1W-1 Mm=ODD==r--1"0_iM3M_ M; Z Q Z O M Z r D O Z cn0ZWW-05g0(fl_ien -mom 0C� wmx>m>xmcx < Z Z Z 2 Z D 2 o-( morn z��' cnz o ZXpZCZ'0'IZpwmozCC�Z C7 < p C7 �CmA mvpomilm6 zZC Q Op 100mWZCD>0w, m m-m,mommzA 21.�l .Zm34 mom�ZDriZOrZ Og:l =0•-'A0M-13 En 13 a c cpm ,ma �m�Nz m O z�D I—WZr-O ZZ *x� mEoKo f{�t�i Om >0- �-mom- Cm owo -�o_m0 Or73 i �0frn - 69 30v) >M> _c,=pmrm= v mz �rmncoi 5 ZO t' 1- I W m r • r C3 -Oi r 6) m z b Pe D m m 30 O z w C D ► (n r- I" -4 V 3 m m P1 4CAD DWG. 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Om�ZO DC) ZO_ . — , .� m m 'n' = --i !� z , A1-8 0 A ? o=-4p-<m�ocN- -' Z* 0 tnm, 0� b0 „Im mz0 Zz!'�Zmz>fn, r-<(.4 Oo X p0 • ln5VyD n -I --00_ 22M-'76- C 2M� CO =HOZ �r�m�mZ Oyw ZZ O-ip riZNZr� XcA Q Do MEOMO Wo Z=Z �CXpm�>> n -C -i 2c zrn Om >o- ,ern -I- O fl) -0 0u)CC)) •-1�0j=mo �? Q m 73 n :0(n >X> _�=Om'2 -< 0Z -TZ BOO F5 c T.�-i co mm »D E5 --I CD m 10 r -r D -I 20 X M m MCAD DWG. FILE: 0421IRC.DWG PLOTTED 9-7-06 30' 60' tun m _ r W. LINE OF E. 20 AC. TRACT 15 C X co n �� 170' i o 0 W. UNE OF W. 5 AC. OF rn cl \ a z P E. 10 AC. TRACT 15 n N 03 rn W. LINE OF E. 15 AC. TRACT 30' 60' 65' F.� m� w W. LINE OF E. 5 AC. OF TRACT 15 KOTCH, RUBEN & SANDRA Vt 07-33-39 4.7 00001-0150-00005.0 TRACT 15 1M TRACT 16 �F4o lrn 11.0 5 0 x tti H � Exhibit "B" 14 4-6' Laurel Oaks $325.00 $4,550.00 4 Cabbage Palms $130.00 $ 520.00 1 Orange Tree $125.00 $ 125.00 1 Florida Ash $125.00 $ 125.00 Total $5,320.00