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8.6 . I .6•
AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE
BETWEEN INDIAN RIVER COUNTY moi- 01
AND
RONEE SUZAN KING and STEPHEN ALLAN BLOCK, as Co -Trustees
under THE BENJAMIN BLOCK -REVOCABLE TRUST — 1999.
Each as to an undivided one-half (1/2) interest as tenants-in-common
(hereinafter called the "Grantee")
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement")
is made and entered into as of the 20 day of January, 2015, by and between Indian
River County, a political subdivision of the State of Florida ("the County"), and RONEE
SUZAN KING and STEPHEN ALLAN BLOCK, as Co -Trustees under THE
BENJAMIN BLOCK REVOCABLE TRUST — 1999, who agree as follows:
WHEREAS, RONEE SUZAN KING and STEPHEN ALLAN BLOCK, as Co -
Trustees owns property located at 5030 26th Street and 5920 26th Street, Vero Beach, Florida.
A legal description of the property is attached to this agreement as Exhibit "A" and Exhibit "B"
incorporated by reference herein; and
WHEREAS, the County is purchasing right-of-way for the future expansion of 26th Street;
and
WHEREAS, in order to proceed with the road expansion plans, the County needs to
purchase property to be used as right-of-way from landowners adjacent to 26th Street; and
WHEREAS, the County has contacted Ronee Suzan King and Stephen Allan Block and
has offered to purchase the entire parcel as described on Exhibit "A" (the Property) and right-of-
way along the frontage of Exhibit "B" (the property), and
WHEREAS, the County is currently purchasing property/right-of-way from willing sellers;
and
WHEREAS, Ronee Suzan King and Stephen Allan Block 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 5030 26th Street (Exhibit "A") and right-
of-way along the frontage of the parcel located at 5920 26th Street (Exhibit "B"), Vero Beach,
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Florida and more specifically described in the legal description attached as Exhibit "A", and
Exhibit "B", fee simple, 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
shown as EXHIBIT "A" shall be $43,500 (Forty -Three Thousand Five Hundred Dollars) and the
Property shown as EXHIBIT "B" shall be $4 per square foot (6,192 s.f.) equaling $24,798
(Twenty -Four Thousand Seven Hundred Ninety -Eight Dollars). The combined purchase price of
EXHIBIT "A" and EXHIBIT "B" shall be $68,268 (Sixty -Eight Thousand Two Hundred Sixty -Eight
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.
Indian River County Board of County Commissioners/County Administrator, which ever applies,
authorizes County staff to sell the remainder parcel, after the right-of-way is extracted, by sealed
bids or public auction. (Full parcel purchases)
2.2 As -is condition. The County acknowledges that the Property being purchased in AS -IS
condition. Seller makes no representation, and expressly disclaims any warranty, as to the
condition of the Property or the improvements thereon. Sheller shall not be liable for defects of
any kind, nor shall Seller be responsible for any repairs.
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
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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 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
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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. Purchase to include refrigerator and range -oven, as shown in appraisal
dated February 26, 2014. The County will not be responsible in any claim or controversy arising
out of or relating to any realtor fees from previous listing agreements.
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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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:
Ronee Suzan King
52 Bulow Woods Circle
Flagler Beach, FL 32136
Stephen Allan Block
815 Malcolm Avenue
Los Angeles, California 90024
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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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first set forth above.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis, Chairman
Approved by BCC
January 20, 2015
RONEE SUZAN KING and
STEPHEN ALLAN BLOCK,
as Co -Trustees under THE BENJAMIN
BLOCK REVOCABLE TRUST —1999
0260
Ron a Suzan King, C -Tris ee D to
Stephen Allan Block, Co -Trustee Date
ATTEST:
Jeffrey R. Smith, Clerk of Court and Comptroller
C_a3 •�y GOMM/ss�0,�•
By: lo .-
Deputy Clerk . .
* *
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%: PR�'fR COU... o
A. proved:
•$,..III, t�11.J.L
seph A '. Baird, County Admi istrator
Approv-d a
ounty Attorney
gal Sufficiency:
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EXHIBIT "A"
Parcel: 32393300004000000000.1
Full Take Legal Description
HAMPSHIRE SUB
S 115 FT OF LOT A
PBI 2-99
Commonly known as: 5030 26th Street, Vero Beach, FL 32966
EXHIBIT "B"
Part of Parcel: 32-39-32-00001-0160-00003.0
Partial Take containing 6192.00 square feet as shown on Exhibit "B"
Approximately 30' x 206' of frontage along 26th Street
Commonly known as: 5920 26th Street, Vero Beach, FL 32966
C XIHJ.O o ,0i
LEGAL DESCRIPTION: RIGHT—OF—WAY
A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2193, PAGE 2241 OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, SAID LANDS LYING IN TRACT 16, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST LUCIE COUNTY, FLORIDA: SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE NORTH 30 FEET OF THE SOUTH 90 FEET OF THE EAST 10.47 ACRES OF THE WEST 20.47 ACRES OF TRACT 16, SECTION 32,
TOWNSHIP 32 SOUTH, RANGE 39; LESS AND EXCEPT THE WEST 137 FEET THEREOF.
CONTAINING 6192.00 SQUARE FEET, MORE OR LESS, OR 0.14 ACRES.
NOTES
1. THIS SKETCH AND DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR
AND MAPPER NAMED HEREON.
2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED
IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE.
3. THIS SKETCH AND DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY. EXISTING PROPERTY CONDITIONS OR FEATURES ARE NOT SHOWN.
CERTIFICATION
SURVEYOR '`D
MAP PI
•
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N RESPONSIBLE CHARGE
DAVID W. SCHRYVER, P.S.
FLORIDA REGISTRATION NO. 4864,\
INDIAN RIVER COUNTY SURVEYOR
NOT VALID WITHOUT BOTH SHEETS 1 AND 2 AS CREATED
THIS IS NOT A BOUNDARY SURVEY—SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DIVISION
NDIAN RIVER COUNTY ADMINISTRATION BUILDING
1801 27th STREET
VERO BEACH, FL 32980
(772) 567-8000
INDIAN RIVER COUNTY
Department of Public Works
Engineering Division
OWN Ern
B. ROACH
SECTION 32
APPROVED 8Y:
D. SCHRYVER
TOWNSHIP 32S
RANGE 39E
SKETCH/DESCRIPTION
RIGHT -OF --WAY
KING PARCEL -5920 26TH ST
SHEET
1
0
R/W UNE BY
SEPARATE
INSTRUMENT
0 15 30 60
32-39-32-00001-0160-00003.0
RONEE SUZAN KING (1/2) &
STEPHEN ALLEN BLOCK (1/2)
SITE ADDRESS: 5920 26TH STREET
O.R.B. 2193, PG. 2241
GRAPHIC SCALE
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P.B.S. 2. PG. 25
(D)=DEED (D)=DEED
I.R.F.W.C.D.=INDIAN RIVER FARMS
WATER CONTROL DISTRICT
O.R.B.=OFFICIAL RECORD BOOK
(P)=PLAT
P.B.=PLAT BOOK
(0
LEGEND
NDUW RIVER COUNTY ADMINISTRATION BUILDING
1801 271), STREET
VERO BEACH. FL 32980
(772) 587-8000
0
M
N 26TH STREET
a
vi
a SECTION 32-32-39
SECTION 5-33-39
206.4' (CALCULATED)
P.B.S.=PLAT BOOK, ST LUCIE COUNTY
PG. =PAG E
P.O.B.=POINT OF BEGINNING
P.O.C.=POINT OF COMMENCEMENT
R/W=RIGHT-OF-WAY
INDIAN RIVER COUNTY
Department of Public Works
Engineering Division
S LINE TRACT 16
r
N
657.2'
(P. B. 3
PG 87
863.6' (0.R. B. 2784, PG 2015)
NOT VALID WITHOUT BOTH SHEETS 1 AND 2 AS CREATED
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DIVISION
THIS IS NOT A BOUNDARY SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
DRAWN BY:
B. ROACH
SECTION 32
APPROVED BY:
D. SCHRYVER
TOWNSHIP 32S
RANGE 39E
SKETCH/DESCRIPTION
RIGHT-OF-WAY
KING PARCEL -5920 26TH ST
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