HomeMy WebLinkAbout2017-093 AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of June 12. , 2017, by and between Indian River County,
("County"), a political subdivision of the Statepf Florida,whose addre s is 1801 27th Street,
Vero Beach, FL 32960; and Con
arls � LLC s✓�,� e�I� rs
(buyer's full name)
2/03 Sant—se b1 . J Pierce FL `34,150
(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 2605 52" Avenue
Vero Beach, FL 32966 and more specifically described on Exhibit"A"attached hereto and
incorporated by reference, containing approximately 0.28 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 pprchase price (the "Purchase Price")for the
Property shall be Sever/44-one lhoosu,Q i One-/-/cn d 00/00 Dollars
(written prirchase price)
($ —7/ /00 .00). The Buyer has paid and the County acknowledges receipt of a
cashier-4s check in the amount ofen percent (10%) of the purchase price or
Set-eh/if-7-one sc.�I'One-l nlr-ed 00/00 Dollars ($ 7/i /00 .00).
(written purchase price)
that is currently being held in escrow by the County(Escrowed Funds). The balance of the
Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement
shall be the date upon which the County approves 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. County shall convey marketable title to the Property by County Deed free of
claims, liens, easements and encumbrances of record or known to County; 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 Buyer's intended use and development
of the Property ("Permitted Exceptions").
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 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, County 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 Buyers.
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 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 thereupon retain the Escrowed
Funds as liquidated damages. Neither the County nor any other person or party shall have
any claim for specific performance, damages, or otherwise against 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 this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Buyers
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.
6. Closing.
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 shall execute and deliver to the Buyers a County 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 County shall have removed all of its personal property and equipment from the
Property and the County shall deliver possession of the Property to Buyers vacant and in
the same or better condition that existed at the Effective Date hereof.
(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 funds to satisfy the encumbrances.
(e) The County and the Buyers shall each deliver to the other such other documents or
instruments as may reasonably be required to close this transaction.
7. Closing Costs; Expenses. Buyers shall be responsible 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 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 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 Buyers 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 County and the Buyers 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 Buyers nor County 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: ,�y�
If to Buyers: buyer's full name: ar/son �c..+ LZC iV'c-1c.e/ Pe-ters
Address: 2 c, 3 Sc.hrrse 1 Ia.
City, State, Zip: ,E1.rc0 FL 3yg50
Phone: -772- 5-7 - 7a1r
Email: �lG►nc.yPrSPC .rksvn�s. t,�L�C Govh
If to County: Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL. 32960
Phone: 772-226-1426
bdebraal@ircgov.com
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 Board of County Commissioners as set forth in paragraph 2.
9.0 Property is Being sold "Where Is, As Is" The County makes no guaranty or
warranty as to the Property or any of its structures or their contents. The sale is not
contingent upon buyer obtaining financing. This s;;le is not contingent upon a satisfactory
inspection report. Buyer's Initials .111k; Buyer's initials PIP
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
Buyer: INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUN• Y COMM ISSIONE3.S..•..,•
• � ••
Print Name: (/rY 1,c.e t Pe{-rc3 "( ''3'
oseph E. Flescher, airr}�a� � N:
P.te BCC Approved: . , 2 iz s'.''f ' '
By: • U :2 , r J.!
F ^ r r
Fri t Name: : t S v s �i '•C Q .I SOP%i
ti9 •
/�G.na�trs Vflcw4)rt de.1-15on�w,�,M LI.0 •••,•OUMTY,�O,•
Date Signed by Buyer: 6 ' '2) t-7 Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputyler
Approved as to form and legal
sufficiency.
0,(LX
William K. DeBraal
Deputy County Attorney
EXHIBIT A
LEGAL DESCRIPTION
INDIAN RIVER FARMS COMPANY SUBDIVISION
PLAT BOOK OF ST. LUCIE COUNTY 2-25, PART OF THE EAST 10.47 ACRES OF THE
WEST 20.47 ACRES OF TRACT 16 BEING A LOT 137 FEET BY 225 FEET AS IN
RECORD BOOK 14, PAGE 130, LESS RIGHT-OF-WAY AS IN OFFICIAL RECORD BOOK
1093 PAGE 910; LESS THAT ADDITIONAL ROAD RIGHT-OF-WAY AS DESCRIBED IN
THE BOARD OF COUNTY COMMISSIONER'S RESOLUTION NO. 2015-038 AS MORE
PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 2831, PAGE 1101
;K: 3000 PC: 2495
Sketch and Les/Description for
INDIAN RIVER COUNTY
Legal Description (Lot 1, Block "C"Remainder)
BEING ALL OF LOT 1,BLOCK"C',ACCORDING TO THE PLAT OF DODGERTOWN SUBDIVISION,AS RECORDED
IN PLAT BOOK 3,PAGE 49,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.
Less and Except the Following Described Parcel:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00'39'58'EAST,ALONG THE WEST
LINE OF SAID LOT 1,A DISTANCE OF 25.00 FEET;THENCE DEPARTING SAID WEST LINE,SOUTH 89'41'34'
E EAST,A DISTANCE OF 104.90 FEET;THENCE NORTH 45'29'14'EAST,A DISTANCE OF 35,47 FEET TO A POINT
" ON THE THE EAST LINE OF SAID LOT 1,(SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF 52ND
m AVENUE,BEING A 70 FOOT WIDE RIGHT-OF-WAY)THENCE SOUTH 00"40'01'WEST,ALONG THE SAID EAST
LINE AND SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 35.09 FEET TO THE BEGINNING OF A
TANGENT CURVE,CONCAVE TO THE NORTI IWEST,HAVING A RADIUS OF 15.00 FEET;THENCE
1 SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
d 89'38'24', A DISTANCE OF 23.47 FEET TO THE CURVES END AND A POINT ON THE SOUTH LINE OF SAID LOT 1
AND THE NORTH RIGHT-OF-WAY LINE OF 26TH STREET(WALKER AVENUE);THENCE NORTH 89'41'34'WEST,
n ALONG SAID SOUTH LINE AND SAID NORTHERLY RIGHT.OF•WAY LINE(SAID LINE BEING 55.00 FEET NORTH
OF AND PARALLEL WITH,AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF TRACT 14,SECTION 33,
TOWNSHIP 32 SOUTH,RANGE 39 EAST,AS SHOWN ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN
N RIVER FARMS COMPANY,AS RECORDED IN PLAT BOOK 2,PAGE 25,OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY,FLORIDA)A DISTANCE OF 115,05 FEET TO THE POINT OF BEGINNING,
CONTAINING 12,082 SQUARE FEET, (0.28 ACRES)MORE OR LESS
DiA
Surveyor's Notes
E 1).THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY
INDIAN RIVER COUNTY ENGINEERING DEPARTMENT,JOB NO.1632,DATED DECEMBER 5,2916.TOGETHER WITH THE PLAT OFDODGERTOWN SUBDIVISION,RECORDED IN PLAT BOOK 3,PAGE 49,PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.
N
:'i 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS:
S
45 (A)PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS,WITH SHEET 2 SHOWING THE
SKETCH AND LEGAL DESCRIPTION,
6,
(B)REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH
i° AN EMBOSSED SURVEYOR'S SEAL.
Y
9 3).THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL
PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION,AS RECORDED IN PLAT BOOK 2,PAGE 25,ST LUCIE,NOW INDIAN
1.2 RIVER COUNTY,FLORIDA,SAID LINE BEARS NORTH 89'41'34"WEST AND ALL OTHERS ME RELATIVE THERETO.
Legend and Abbreviations Certification
15'2' I.R.F,W,C.D. = INDIAN RIVER FARMS (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
n WATER CONTROL DISTRICT RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
g I.=LENGTH OF ARC
LI (P)=PLAT I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
PBS = PLAT BOOK ST.LUCIE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
=DELTA ANGLE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
SQ.FT..=SQUARE FEET BELIEF.
R•RADIUS ,,`° '
cr RAN=RIGHT-OF-WAY I FURTHER CERTIFY THAT THIS SKETCH AND UESCRIPTIO(1'k..t 7'S T{-jtr;5''rANOARDS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA P ROF8SS1c1NB4OARQ OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA Ath4INIdTRh•1(SVECODE,
K PROVIDED IN ITS ENTIRETY CONSISTING OP 2 PURSUANT TO SECTION 472.027 FLORIDA STATE STA ES;
SHEETS WITH SHEET 2 BEING THE SKETCH OF l z- /2-- 2.0/6 r,
DESCRIPTION / I.'
E DATE OF SIGNATItE ,., DAVID M.SIL 'N
PROFESSIONALS 9RL,+N4D MAP'RER
o This is not a Boundary Survey FLORIbA•CERT,MATE ATE t�O.6139:
AGENCY: /ND/AN RIVER COUNTY, FL n''
PUBL/C WORKS DEPT./ENG/NEER/NO OM. Sketch and L ega/ escr% t%on
DATE: DRAWN BY: A'. /NCLETT for
O /2/067/6
f SCALE; N/A APPROVED BY: INDIAN RIVER COUNTY
D.S'/LON
YSHEET: JOB NO:
OF 2 1632 X26175 52ndA AVENUE)
K: 3000 PG: 2496
Sketch and Legal Description for.-
/ND/AN RIVER COUNTY
LOT 11 LOT 2 70 R/w
ri,//S8 '39'29"E — 129,96'' UTILITY
M
i:: EAMENT� t
ti z N�FR P T
1,11 U4 i
8 PI.6 /LOT 1 /o r
'' 0 DODGERTOWN SUBDIVISION
7 O
I LOT 12 1 BLOCK "C" �-' n W
z N w P.R.3,PG.49 �I
co
d I In CONTAINING 12,082 SQ.FT.I" b,
+�� oo M (0.2$AGRESt) IGS I
/{y oLr
CV
r) O / rte'/
o
s unPn psfueNT I. I 00 %// gbh.5 `'
0'Si , /%89'41'34"E - 104.96' / .8 o
LESS AND EXCEPT 689'3$'24" J �0' R/w
N00'39'S8"E CONTAINING 3514 SQ.FT.t R=15.00' c«
i 1 25.00' (0,08 ACRES±) L= \
23.47' � t
SOUTH LINE OF LOT 1 /\\\ \``
Num RT U !
N. N89'41'34"W — 115.05' .,,,./114,/P_,
k
POINT OF BEGINNING 2
r LESS AND EXCEPT
"f SOUTHN£ST CORNER LOT 1, BLOCK 'C'
2 `K g=',' 0000ERTONN SUMMON,
o PLAT 110OK J, PAGE 45 S'
11 Fla b g
26th STREET (WALKER AVE)
- TOWNSHIP 32 SOUTH
i SOUTH LINE TRACT 14 N89'41'34"w
u I.R.F.W.C.D.SUB-LATERAL'A-3'CANAL
13. TOWNSHIP 33 SOUTH (30'RAV PER P,B.S.2,PG 25)
P, GRAPHIC SCALE
ao 0lw
30 Legend and Abbreviations
I.R.F.W.C.O. 3 INDIAN RIVERFARMS
WATER CONTROL DISTRICT
:f N)
L=LENGTH OF ARC
( IN FEET ) (P)=PLAT
PBS = PLAT BOOK ST.LUCIE
1 inch = 30 ft, A=DELTA ANGLE
SQ.FT.=SQUARE FEET
G PROVIDED IN ITS ENTIRETY CONSISTING R=RADIUS
OF 2 SHEETS WITH SHEET 2 BEING THE RAM a RIGFIT-OF-WAY
a This Is not a Boundary Survey SKETCH OF DESCRIPTION
i AGENCY: INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT./ENG/NEER/NC D/V. Sketch and Legal Descr, tion
r, DATE: DRAWN BY:
W 12/06/16 R. /NGLETT for:
SCALE: APPROVED BY: INDIAN RIVER COUNTY
t 1"=301 O.SILON
1 SHEET: 2 of 2 JOB NO: 1632 (260552ndAVE-NUE)