HomeMy WebLinkAbout2016-100A 3
AGREEMENT TO PURCHASE AND SEL REAL ESTATE
(Guy wires to remain in their current ocation)
{ THIS AGREEMENT TO PURCHASE AND SELL RE AL ESTATE ("Agreement") is
a made and entered into as of July 5 , 2016, by and I letween Indian River County,
("County"), a political subdivision of the State of Florida,who a address is 180127 th Street,
Vero Beach, FL 32960;;and w Le.
(buyer's full name)
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(buyer's address) (city) (state) (zip)
("Buyers"), who agree as follows:
1. Agreement to Purchase and Sell. The County hereby agrees to sell to the Buyers,
and the Buyers hereby agrees to purchase from County, upon the terms and conditions set
forth in this Agreement, that certain parcel of real property located at 1725 17th Avenue
Vero Beach, FL 32966 and more specifically described on Exhibit"A"attached hereto and
incorporated by reference, containing approximately 768 sqL are feet or 0.018 acres, and all
improvements thereon, 'together with all easements, rights and uses now or hereafter
belonging thereto. This includes a guyed tower, (i) in, over and across the parcel "for the
purpose of anchoring, mounting,testing, and replacing the g jy wires extending from tower,
and (ii) in, over and across that portion of the parcel lying wi hin twenty (20)feet from each
guy wire anchor and from both sides of every guy wire fort the purpose of maintaining and
repairing such guy anchors and wires together with the right to clear all trees, undergrowth
or other obstructions and to trim, cut and keep trimmed and dut all tree limbs, undergrowth,
or other obstructions which may interfere with or fall upon tower, any of the tower's guy
anchors and wires or any other improvements. (collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the
Property shall be 00/00 Dollars
I'$fris Ago .00h (written purchase price) M44^A�A cD E'/6t+TY
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TheBu ey r has paid and the County acknowledges receipt of a 10% deposit in the amount
of JE 4r Dollars
(10% deposit amount) ($/Z Sfg. CO .) that is current[ bei ig held in escrow by the
County (Escrowed Funds). The balance of the PurchaE a Pi ice shall be paid on the
Closing Date. The Effective :Date of this Agreement shat be: he date upon which the
Indian River County Board of County Commissioners alzpros the execution of this
Agreement at a formal meeting of such Board.
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3. Title. County shall convey marketable title to the Pr pert by County Deed free of
claims, liens, easements,and encumbrances of record or kr own to County; but subject to
property taxes for the year of Closing and covenants, estrj'ctions and public utility
easements, of record provided (a) there exists at Closin nq violation of any of the
foregoing; and (b)none of the foregoing prevents Buyer's intE nded use and development of
the Property ("Permitted Exceptions").
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4. Representations of the County.
4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is
the sole owner of and has good right, title, and authori ytol convey and transfer the
Property which is the subject matter of this Agreement, ree and clear of all liens and
encumbrances.
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4.2 From and after the Effective Date of this Agreemer it, County shall take no action
which would impair or otherwise affect title to any.portion o the�Property, and shall record-
no documents in the Public Records which would affect Ole to the Property, without the
prior written consent of the Buyers.
4.3 There are no existing or pending special assessmen s acting the Property,which
are or may be assessed;by any governmental authority, water r sewer authority, school
district, drainage district or any other special taxing district
5. Default.
5.1 In the event the Buyers 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 Buyers at or prior to the Closing Date and t ierdupon retain the Escrowed
Funds as liquidated damages. Neither the County nor any otheri person or party shall have
any claim for specific performance, damages, or otherwise e gai ''st the Buyers; or(ii)waive
the Buyer's default and proceed to Closing.
5.2 In the event the County shall fail to perform any of its obligations hereunder, the
Buyers shall, at its sole option, be entitled to terminate thi Agreement by written notice
delivered to the County at or prior to the Closing Date and th( reupon neither the Buyers nor
any other person or party shall have any claim for speci Jc performance, damages or
otherwise against the County; or (ii) waive the County's de aulti and proceed to Closing.
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6. Closing.
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6.1 The closing of the transaction contemplated herein "Closing" and "Closing Date")
shall take place within 30 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The County shalli execute and deliver to the Buye s a�County Deed conveying
marketable title to the Property, free and clear of all liens drid ncu'mbrances and in the
condition required by:paragraph 3.
(b) The County shall shall deliver possession of the Prope to Buyers in the same or
better condition that existed at the Effective Date hereof. '
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(c) If County is obligated to discharge any encumbrances at or prior to Closing and fails
to do so, Buyers may use a portion of Purchase Price fund to satisfy the encumbrances.
(d) If the County is a non-resident alien or foreign ent ty, County shall deliver to the
Buyers an affidavit, in a form acceptable to the Buyers, ce ifyirig that the County and any
interest holders are not subject to tax under the Foreign Inv stm ant and Real Property Tax
Act of 1980.
(e) The County and the Buyers shall each deliver to thether such other documents or
} instruments as may reasonably be required to close this tr _nsactiori.
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6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
I prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the County.
7. Closing Costs; Expenses. Buyers shall be responsib a for preparation of all Closing
documents.
7.1 Buyers shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed and any release or satisfaction
obtained by County pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the I warranty deed
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7.1.4 Current taxes which are not yet due and payable
7.2 County shall pay the following expenses at or prior tc Closing:i
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 al existing mortgages, liens or
encumbrances upon the'Property.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construe and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian Iriver Buyers for all state
court matters, and in the'Southem District of Florida for alled&ral court matters.
8.2 Entire Agreement. This Agreement constitutes the ntir i agreement between the
parties with respect to this transaction and supersedes all prior agreements,written or oral,
between the County and the Buyers relating to the subject matte hereof. Any modification
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or amendment to this Agreement shall be effective only if ip writing and executed by each
of the parties.
8_3 Assignment and Binding Effect. Neither Buyers n r County may assign its rights
and obligations under this Agreement without the prior wri en consent of the other party.
The terms hereof shall be binding upon and shall inure tot a 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:
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j If to Buyers: Buyer's full name: PA711 PA csJ>E LG
Address: p,e9, � �C yg
City, State, Zip: 'c 6
Phone: _
Email:
If to County: Indian River County Attorney's Office
180127 th Street
Vero Beach, FL. 32960
Phone: 772-226-1426
bdebraal@ircgov.com
Either party may change the information above by giving w itten notice of su h change as
provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided erein, 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 pa}ty hereto, its successors and
assigns, and are not made for the benefit of, nor may the be relied upon, by any other
person whatsoever. 1
8.6 Attorney's Fees and Costs. In any claim or controv rsy arising out of Ir relating to
this Agreement, each party shall bear its own attorney's fe s, costs; and expenses
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8.7. Counterparts. This Agreement maybe executed in o or more countrparts, each
one of which shall constitute an original.
8.8. County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
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9.0 Property is Being sold "Where Is, As Is" The Cou nity makes no guaranty or
warranty as to the Property or any of its structures or t eir contents. The, sale is not
contingent upon buyer obtaining financing. This sale is not contingent upon a!satisfactory
inspection report. i
Buyer's Initials—� Buyer's initials
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IN WITNESS WHEREOF the t
undersigned have a ecue this I
g � d t s Agreement as of
the date first set for{h above. !
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Buyer: PA7Apq INDIAN RIVER COUNTY, IT,LORIDA
BOARD OF COUNTY COMMISSIONERS
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By: By: 3_ I l,.,.,
Print Name: y Bob Solari, Chairman ���osfM�
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____ Date BC Approved: 7/P/1 c,: Sj•.•`9�
By. �
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Print Name:
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Date Signed by EWYer: JR-jo-11.JR-o-11. Attest: JeffIrey R. Smith, Clerk of , • ,;oQ�o�
and Comp rollelr �• 9,COUtir; '
By AZY Ll;,Tr�k
Deputyle k
Approved as to form and I agal
sufficiency.
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illiam K. DeBra I
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Deputy County `1
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EXHIBIT A
` LEGAL DESCRIPTION |
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EXHIBIT A
DESCWUM OF PRE RP LEASE P
(AS MMED er THE air OF WRO e£ACH)
Cob WING AT 0E SOUME51 COfbEA OF LHC SOUTHEAST OUARMt OF SECTION 2,
101 4W 33 SOUTH,RANGE 39 EAST RUN SOUTH E9'22'00'fAST(BASS OF
eEA i ) lif ECHECFE� MT MOR MM NTUMEC1M WIN THE O17TH AINIOE VENUE; Da HTH
001 45'EAST ALCNO THE SAID OENTE w R 177H AWMlE A O 7mm!x 126&03
FEE TO AN NTER cmN NTH THE EASI17iY E7TEN90N,OF THE SOUTH LK,E A 60
Too Rao-or-my AS DESCm N OFTICAL&OMDS.ww 39.IPAGE 4 fE THE
RECORDS OF NDUN W1 a CWIiIY. TH D"tlIORTH 89T)7.'SY NESS ALONG
THE SAD EASTEIEY E1gTR"OF THE SOUTH MOOT-Qf=1lAr LlE'A 015TANGE OF
3S -FEET 10 AM N1[RSECAOI LTH 11E E5T IKHT-crF-mY LNE(0T.17111IAYE}>ilE
ROM SOUTH Or-,e45'EST ALONC.IHE_SAID NEST•WfT-OF-WAY l!E CF 17TH
I A A DISTANCE Or t40A0"If- CETICL NORTH! D7"S.T E3T NO PARALLEL
WThl THE SAID SWIM RKHT-N'-iff -K A•051NiM q 31&00 TEFF TAM SOUTH
45' EST.AHO PARALLEL NTH ilii SAD IEST.RIO11-OF-11AY LRE OF 17TH
A A DISTANCE OF_19514 FEET. nM NORTH E9'401Y*Si A DISTM E OF
957 FEET'TO.THE POM7. OF KaNwi. THDa CCHTMIIE NCRTH't9-40'13'K5/A
015E OF 5200 FEET: DIM!SOUTH 00'12'54.'EST A.06U 0 OF 21.00 FEET;
SOUTH x9.4713'EAST A.OISIMM ff-3100 FEET THENCE NORTH 001754'
EAS A DISTANCE OF 24.00 FEET TO THE POINT OF BEGINNING.
CON rAJNING 768 SQUARE FEET MORE OR LESS.
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PA. bOX 1420 SHITE 20
wA91lSS0, it 132970 DIIEWIELD F ACK FL 33441 gtIT qr
PHOE:.(561).3W-5j64 - (951) 421-GWZ
FAX- (561) 37-31 FAX--'(954) 421-0451
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