HomeMy WebLinkAbout2001-046N
INDIAN RIVER COUNTY
TO:' James Chandler MEMORANDUM
County Administrator
THROUGH: James W. Davis, P.E.
Public Works Directo
Christopher J. Kafer, P. .
County Engineer
FROM: William M. Napier, SR , SRA����
Right -of -Way Agent
SUBJECT: Right -of -Way Acquisition
Street SW Improvements
Proposed Exchange of Land
Indian River County and Gerald L. Bechtold
DATE: February ti 2001
QE$CRIPTION AND ONDITIONS
Additional right-of-way of sixty feet (60') along the north side of 51" Street SW is needed
for proposed road improvements. The Seller has executed a contract through which the
additional right-of-way can be acquired, if the Board authorizes an exchange of County
°t21ro1 e was tosed value nthe local lseon February nd for the right-of-way.
and 1th 200have deterosed mined nd thathe of the two pacnewspaper
s
equal.
The parcel owned by the County, is a small portion of the old stump dump located west of
43' Avenue between 5 Street SW and the south relief canal. This parcel is adjacent to
property owned by Mr. Bechtold. The contract discloses in writing that the County property
was once used as a stump dump, and no warranty is made as to the environmental
integrity or cleanliness of the property. I have also discussed this fact with Mr. Bechtold
and he believes the history of the property will not affect his planned use of it.
There are no appraisal or attorney fees, and no further conditions of the contract.
RECOMMENDATIONS AND FUNDING
Staff recommends the Board of County Commissioners approve for adoption, the
accompanying Resolution and authorize the Chairman to execute the Contract, Resolution,
and the County Deed which will be exchanged for a deed conveying the right-of-way.
ATTACHMENT
1) Contract and Exhibits "B" and "D"
2) Resolution and Exhibits "B" and "D" PLegal
ver county Approved Date
3) County Deed Conveying County Land tion
4) Copy of County & Property Owner's Deeds
P�
DISTRIBUTION • _. ,�_
.Terry B. Thompson, P.E., Capital Projects Manager Risk Manegement
Gerald L. Bechtold Department q p1
APPROVED AGENrfA ITEM
Division
FOR FabtraLary 20, 2001 /Z�
IN
•1
2
'3
4
5
8
7
'B
9
10
'11
•12
13
14
16
THIS FORM WSEENED BY
FLORIDA ASSOCIATION OF O
REALTORSOAND THETHE FLORIDA BAR,
Contract for Sale and Purchase
FLORIDA ASSOCIATION OF REALTORS®
AND THE FLORIDA BAR'
of
rsetler),
of ,. ,..,.,or moo..
L Seale o! Merida ($uyer'),
hereby apse that Seller shell sell and Buyer shall buy the following described real property and (Phone)
property (CollecIsm tively
'PropeRy') pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda property
(C llecti:
L DESCr4pTiON:
(a) Legal description of the Real Property located In. Tndi.a ttiver
Bee Leval nraecriotion 1.aha. Sas .�r w County, Florida:
erelle and euA. �-_. ._---'
(b) Street address, city, zip, of
(c) Personal Propertv: none.
me
16 PAYMENT: --- _._.,....,r..,..,.,. mala.Irtoss.ar...Ilt1S..pBt^C21,...................................
...............................5_Nll1-Esc h *+ae
'17 (a) Deposit held in escrow by
*19 Agent) In the amount of........................................................................................ (Escrow
(b)Additiona) escrow deposit to be made to Escrow rent within _
*2; Paragraph III) in the amount of .......................................... ...................... days after Effective Date (sees
(c) Subject W AND assumption of existing mortgage In good standing in favor of
..........
$
124 22 having an approximate present principal balance of ...................$
(d) New mortgage rinancing with a Lender (see Paragraph IV) in the amount of ..........................
(e) Purchase money mortgage and note to Seller (see rider for terms) In the amount of ....:............. S -D_
'25 (/)Other. ...............5 .o.
28 (p)Balancs to close by U.S. cash or LOCALLY DRAWN cashiers or official bank checks S_ -o_
'27 to adjustments or protatlone ....................... (). subject
28 f9. TIME FOR
ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: K this offer is not executed by and ddelivered to all parties
'29 OR FACT OF EXECUTION Communicated In writing between the parties an or before x
30 will, at Buyers option, be returned and this off erwithdrawn. For purposes of delivery or notice of execution, parties the Jape 6suyer
31 and Seller or each of the respective brokers or attorneys. fie date of Contract ('Effective Date'► w111 be the date when the lost
32 one of the Buyer and Seller has signed this otter. A facsimile copy of this Contrect and any signatures hereon shalt be considered
33 forallpurposesasanoriginal. Note: This ContraCt iS Subjt:ct to Indian River County Final Approval.
34 IV, FINANCING:
'35 ❑ (a) This Is a cash transaction with no contingencies for financing;
*37 '36 ❑(b)This Contract is conditioned on Buyer obtaining a written loan commitment within days after Effective Date for
'38 (CHECK ONLY ONE): ❑ a fixed; ❑ adjustable; or
1 an ad ❑a fixed or adjustable rate Ivan in the principal amount of%
'39 of principal amount, and for a initialInterestarate not to exceed % , discount origination fees not to exceed
40 Effective Date and use reasonable diligence to obtain
loan er ittand, thereication after, hin to satisfy
teoryis and fconditiionstof
41 the commitment and close the loan. Buyer shall pay all loanexpenses. if Buyerfails to obtain a commitment or fails to waive
42 Buyers rights under this subparagraph within the time for obtaining a commitment or, after diligent ef
f
o
rt
,io the other, may fails to meet the
43 tefM$ and Conditions of the aolnmltfftfnt by the 010111111`19 date, Then either party thereof for, by written no
44 cancel this Contract and Buyer shall be refunded the deposit(s); or tice
'45 0 (c) The existing mortgage, described In Paragraph II(c) above, has: ❑ a variable Interest rate; or 0 a fixed interest rate of
'46 % per annum. At time of title transfer, some fixed interest rates are subject to increase; if Increased. the rate shall not
'47 exceed % per annum. Seller shall fumish a statement from each mortgagee stating the principal balance, method of
48 payment, Interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to
49 assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the
50 necessary application and diligently complete and return it. to the mortgagee. Any mortgagee charge(s), not to exceed
'51 S 0%° of amount assumed If left blank), shall be paid by Buyer. if Buyer is not accepted by mortgagee or
52 the requirements for assumption are not in accordance with the terns of this Contract or mortgagee makes a charge in
53 excess Of the stated amount. Seller or Buyer may rescind this Contract by written notice to the other party unless either
54 elects to pay the Increase In Interest rate or excess mortgage charges.
'55 V. TtrLE EVIDENCE:At least days before closing date, (CHECK ONLY ONE
'56 to Buyer or Buyers attorney; ori Buyer shall at Buyers expense obtain ) Seller shall, at Sellers expense, deliver
57 Insurance commitment (with legible copies of Instruments listed as exceptions attached�� �d after closing, an owbstract of title; or �nelrs
SB Policy of title Insurance,
'59 VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on
60 unless modified b other provisions of Tact.
Buyer(_„ ( and Uisp flnowlecigs receipt of a copy of I his ee. "Effective Date"See III)
FARISAR•5 Rev. allis RIDERS CAN BE OBTAINED FROM THE FLORIDA AS OCIATION OF REALTORSo OR THE FLORIDA BAR
This form is licensed for use with Foltstnulst a re Forms Scftware by ISO McAllister Publishing, Inc. 900.336.1027
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. .1 �. � ��,' • - �:-lt^.i `, x:11'."S.':
.K RESMCMM' VMEMENt'S'
LxItRATiOiq: Buyer, shall fake tills• subject to: comprehensive land use plans, zoning,
62 reOtrictlons, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the
S3' Plat -Or otherwise common to the subdivision; OUIStedkp all. gas and mineral rights of record without tight of entry; public utilityal easements Of record (easements an to be located contiguous to real property lines and not more Thar. 10 feet in width as to the
SS' rear or front lines and 7 112 feet In width as to the Olds linea, unless otherwise stated heroin); taxes for year of closing and
88: ailbsequent years: assumed mortgages and purchase money mortgages, if any (If additional items, see addendum); provided,
07 that there exists at closing no violation of the foregoing and none prevent use of the Property for
< —either leeai Leef•t purpose(s).
89 VOL OCCUPANCY; Seiler warrants that then are no parties in occupancy other than Seller, but If Property is intended to be rented
70:01' occupied beyond closing, the fact and terms thereof and the tenent(s) or occupants shall be disclosed pursuant to Standard
71: F, $eller shall deliver occupancy of property to Buyer at time of closing unless otherwise stated herain. if occupany is to be
72' delivered before closing, Buyer assumes at1 risks of loss to Property from date Of occupancy, shall be responsible and liable for
73 maintenance from that date, and shell be deemed to have accepted Property in Its existing condbon as of time of taking
74 occupancy unless otherwise stated herein.
`75 DL TYPEWWMN OR HANDWRITTEN PROVISiONMT
7Q printed provisions of this COntfact in conflict with themewdtten or handwritten provisions, riders and addenda shall control all
+7e x RIDERS: (CHECK those riders which aro 8 licable AND are attached to this Contract):
GOOMPIOHENSIVE WDER t -.i HOWS• OWNERS'ASSN.
79 Ci CONDOMNIUM "AS ❑ COASTAL CONSTRUCTION CONTROL LINE
•❑
•5D Q VAIFHA ❑ INSULATION
'81 XLAaSIaNABILITY: (CHECK ONLY ONE): Buyer1 NT r-1
•82 Contract; Q Maya331gn but not be released from Ila nher liability under this
83. XL DISCLOSUF ES: ontract.
84 (a)Radon Is a naturally occurring radioactive (
85 health risks to persons who are exposed to it a` quantities may present
88 found in buildings in Florida, Additional Inform pAdminlstration
River Count Approved pate titld from guidelines have been
87 Public Health unit. y your County
88 (b) Buyer acknowledges receipt of the Florida BI
89 (c) M the real property Includes pre.1978 resider
90 (d) If Seller is a 'Toreign person, at defined by t
91 that Act. tries shall comply with
92 (e) K Buyerwill be obligated to be a memberof a Legal
93 UNiLBUYER HAS RECEIVED AND READ TH Risk Management 'CUTE THISOON(RACT
94 95 XIL eA=UM REPAIR COSTS' Seller Shall not be to
88 (j fortmatmentandrept Department G
(b) S ry�L for repair and replacel IPrice).
91 JOv. SPRZI CLAUSES; AWENDA: if additional fair Division ase Price).
98 XV- STANDWIDS FOR REAL ESTATE TRANSACterr - SERE ❑ .
99 as a part of this Contract. ached are incorporated
100 THIS IS INTENDED TO BE A LEGALLY W=
101 AN ATTOFOW PfOOR TO SIONNC. IE ADVICE OF
103 102 THIS FORMHAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR.
104 provel does not constitute cu opinion a any of the farms and conditions in this Contract should be accepted
105 by the parties In a particalartransaction. Terms and conditions should be negotiated based upon the
108 respective Interests, obOctives and bargaining positions of all interested persons.
COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLalD�A�SSOCJA�EALTOR
•107
•108 (Buyer) CArolino D. pian, Chalrnm (Date) (Seller) cheoldO.O
•109 Social Security orTax I.D. #_>ea. ce. cep--+..-- (Date)
-- - Social. Security or Tax I.D. #
•110
•111 (euyer) William N. Nap er, SRPA,SRA (Date) (Seiler)
'112 Social Security or Tax I.D. # Right-Of-WAAU22 (Date)
y Social Security or Tax I.D. #
113 Deposit under Paragraph 11 (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
114
115 BROMR'S FEE: The brokers named below, including listing and coo orrating (Escrow
brokers. am the only brokers entitled to
118 compensation in connection with this Contract:
'117 Name: xi�L
118 Cooperating Brokers, harry Listing &oker
Beral/ (- I ( L(2Mi✓ 1 and eHltr j, Mcknowledte receipt at a co
py of this page.
2ARINAR-9 Rev. elf• RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORSe OR THE FLORIDA BAR
This foam Is licensed for Usewith iFormutmtore Forms Softway by ISG McAllister Publishing, Inc 800.338.1027
a
:. '� - ... � ^til:. r:Y;` r .. .. .'��'�•' �: t�.: j:' �l r. i'd�`>i:.�i�;?
11S STANDARDS FOR REAL ESTATE TRANSACTIONS
ao CS ■VIDBNC■ OF tlTla:(t) An .h.,r_ae,` Pfopafod or brought eurrent'by a reputable and existing abstract firm pl not existing Ivan
121 the plod l �eral f t an ealeling firm) Purporiing to be an accurate Synopsis of the Inelrume"it affecting 11110 to the real properly recorded In
122 the public records of the county wherein the real properly is located through Effective Dela. It Shall commence with the earliest public records,
123 ar sueA later dale as may be customary In the county. Upon closing of this Conlf8CI. the abstract shall Dreoma the properly of Buyer, subjset to
121 rho "Ohl of felsnlloll tllsraof by ftrsl nlofigs08ee until fully pold, (2) A Illlg Inaoraneg eemmllmenl 1111 by 4 plorlde licensed tills Insurer
126 agreeing to la o t Buyer, upon recordlnp of ahs deed to Buyer, an owners policy of title Insurance In the amount of the purchase price, Ins ring
126 Bu er7 title to the real property, subject only to liana, encumbrances, exceptions or qualifications provided In this Contract and those to be
1128 27 dl9thareIn this ad by seller at or before closing. Sellar shall Convey marketable title subject only to lions, encumbrances, exeeptlons or qualifications
Instlrins
129 Provided
and eaccordance owith law, Marketable
yer shelllhove 3 day ll be determined
date of receiving evidence fIY 10 Standards
examine Iadopted tills authorof The Florida ear
ity
defective. qualifi Buyer
113f20 Shall within sold 6 days notify Seller In writing specifying the defect(S). It deficits) render title unmarketable, SSllar will have 30 day from
132 notice t tBetteer either the
extending the time fofailing r a f4seonable periold nlve ot 10)axC� dAfter
120 dayslwithin whichthirty
Seller $hall use diligent effort 10
132 r&eleve the defects; or (2) tequestlno a refund of deposll(s) pold which shall be Immediately returned to Buyer. If Buyer falls rtooso nlotify Seller,
134 Buyer shall be deemed to have oeC&pted the tills ss 11 then Is. Seller shall, If title 1's found unmarketable, use diligent efforl to correct deficits)
t35 within the time Provided therefor, If Sellar Is unable to Umely COrrsct the defects, Buyer shell either waive the defects, or receive • refund o/
136 8 da s prior
thereby ino. Buyer
Buyer and Sellar from all , so it obllostlons under this Contract. If evidence of 11110 IS delivered to Buyer loss Ihan
137 6 days prior to olotnp, this
sr may extend closlnp date so That Buyer shell hove UP to 5 days from date or receipt of evidence of tills 10 examine
138 sante In aeeotdanee with this Standard.
139 @,PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLERt A purchase money mortgage and mortgage note to Seller shall
140 Provide for a 30 -day grace Period In the event o/ default it a first mortgage and a 15 -day grace period If a second or lesser mortgage; Shall
141 provide for right of prepayment In whsle at In Part without Penalty; shall permit acceleration In event of transfer of the last property; shall require
142 all prior lions and encumbrances to be kept In good standing and forbid modifications of or future advances under prior morlgags(s); shall require
143 Buyer all
polleles or Insurance contaiterm
*extended
•standard mortgsgas clause covering III Improvements lotted on the foal property against
/44 fire and all Defile Included within the term •extended eoverepe
endorsements, and such other risks and perils a$ Seller may reasonably require,
145 1" en amount squat to their highest Insurable value;and the morloa0e, note and security agreement shell be Otherwise In form and content required
146 by Seller; but Seller may only require clauses and coverage customarily found In mortgages, mortgags notes and security agreements generally
147 utilized by savings and loon Institutions or stale or national banks located In the county wherein the real property 10 located, All personal
148 property and leases belng Conveyed or assigned will, Sellles option, be Subjict to the lien of a security agrasmen
yet
149 financing Statements. If a balloon morlosgs, the final payment will exce&d the periodic payments thereon, t evidenced by recorded
1108toanC. d SURVEYICerlBuyer, al Euyses apart", within 111118 allowed sig dsllva► aWdenee Of lllls end to examine gems, may have the foal propgfty surveyed
lfled by a registered Florida surveyor. If the survey dlecloses encroachments on the reel properly or that Improvements located thereon
152 encroach on Setback lines, eae&ments, lands of Others or violate any rsstrlcllons. Contract covenant or applicable governmental reoulellOn, the
103 same shell Constitute a title defect.
164 O. TERMITB3/WOOD DESTROYING ORGANISMS: Buyer, at Suyseg expense, within the Ilene allowed to deliver evidence of Illi., may have !rya
tee Property mmom (ca le •Florida Certified Peel Control Operator (•Operator•) to determine If there Is any vl$IDIs lellve termite Infestation or
116 visible damage from termite Infesfallon, excluding fences. If either or both are found. Buyer .hall hove 4 day from date of wrfmlI notice thereof
in
167 within which to have cool of treelm$nt, If required. estimated by the Operator and all damage IIA Poo hove 4 and from
mated f a licensed not butor
166 general contractor. Setter shall pay valid costs of treatment and repair of all damage up to the amount provided In Paragraph XIII(&). if
159 eellmsted Coals exceed that amount, Buyer Shall have the option of Canceling This Contract within a days after receipt of contractor's repair
160 Ptlmata n giving ragr aph XISI nolle. m Seller or Buyet may elect to Proceed with the transaction, and receive a Credit ■1 closing an the amount
161 provided In Paragraph XIII (a). •Tarmltee' shall be deemed to Include all wood destroying organisms required to be reported under the Florida Peat
162 Control Act, as amended.
103 E. INGRESS AND EGRESS: Sellar warrants and represents that Thar* Is Ingress end egress to the real
104 as described In Paragraph VII hereof. tills to which Is In aeeordenee with Standard A. property sultlelent for Its Intended tion
165 F. LEASBS: Seller shall, not leas than 15 days before Closing, furnish to Buyer Caples of all written lasses and estoppel letters from each
tall tenant SPeclfying the mature and duration of the tenant'& occupancy, rental rates, advanced rent and security deposit paid by tenant. II Seller Is
167 unable to obtain such letter from each tenant, the some Information shell be furnished by Seller and Buyer within that time period In the form o/ ■
fell Seller'. affidavit, and Buyer may thereafter contact tenant l0 eonflrm such Information. Salter Shari, at eloalnp, deliver and assign all originform
reg 38110" to Buyer.
170 0, LIENS: Seller shall furnish to Buyer al time of closing on affidavit attesting to the absence, unless Otherwise provided for herein, of any
171 financing statement, claims of lien or potential Itanors known to Seller and further &floating that there have been no Improvements or, repair■ to
172 the real properly f0► 90 days Immediately preceding date of closing. If the reel properly has been Improved or repelled within that Ilene, Seller
173 shall deliver ralesses or walvsre of *onalruetlen Ilan$ executed by all general contract*rs. subcontractor@, suppliers and malerlslm@n In addition
174 to Seller's Ilan affidavit $0111119 forth the name$ o/ all such general cantractots, subcontractors, supPI10fe and moterlaimen, further effirmln9 Ihel
173 dal he closing
charges for f this Improvements Of repairs which Could tires p •lents for • construction Iron or ,.claim for damages have boon paid of will n paid
173 al the rges f o/ this ementst.
1 78 177 H. PLACE OF CLOSING: Closing shall be held In the county wherein the real properly Is located at the office Of the ettornoy *rather closing
179 1. TIME tire computing I designated
pMods of 1498 than six (e) days, Saturdays. Sundays and tate or national 10091 holidays shall be excluded. Any time
190 periods provided for heroin which shall and an a Saturday, Sunday, or a 16981 holiday shall extend to 5:00 P.m. of the next business day. Time 1s of
141 the essence In this Contract.
182 J. CLOSING DOCUMBNT3s Seller shall furnish file deed, bill of Sale, Construofloo Ilan sifldavll, owner's poaaeaslon sffldavlt, assignments of
183 I"ass, Sgsnt and ndfimortgages nci estoppel tartare and Corrective Instruments. Buyer shall furnish closing statement, mortgage, mortgage note,
164 saeurlty agresmsnt and financing etalsmonls,
185 K. EXPENBBSI Documentary stamps an the deed and "Carding Of Collective Instruments shall be paid by Seller. Documentary stamps and
100 Intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee tills Insurance eommltment with related fees, and
187 fscording of purchase money mortgage 10 Seller, deed and fln"cing stafamants shall be paid by Buyer. Unless otherwise provided by law or
180 rider to this Contract, charges for the following feinted title services, namely tllte or abstteet Sharpe, tete examination. Pr and "by low or
189 slid closing foo. shall be paid by the party responsible furnishing the title evidence In SOCOrdance with Paragraph V.
100 L. before IONS; CREDITS; Taxes, Ing option a, rent, Intor&aI- Insurance and other expenses of the Property shall be prorated through the
191 day before closing. Buyer shall have the option of taking over existing pollelOS of Insurance. It assumable, In which event premium, shall be
1D2 prorated. Cash at closing Shall be Increasad or decreased as may be required by proration$ to be made through day prior to
197 If OCCupeney occurs before closIng. Advance rent and security deposits -will be credited to Buyer. Escrow depoalta held by mortgagee will be
194 Credited 10 $01181. Taxes Shall be prorated based on the current year's rex with due allowance made ref maximum sit$ held ldls3cortgahomestead
193 and other exemptions, It Closing occurs a1 a dale when, the current year's milloge Is not fixed and current year's assessment la avall&bin, taxes
106 will be prorated based upon such assessment and prior year's mlllegs. It current year's sea
toy not available, then taxes will be prorated
1sT on prior yaps tax. It there are completed improvements On the reel properly by January alt Ot year of closlnp, available.
which en taxes will
baro not In
100 oxlslenee on January lot of prier year. then texsl shall be prorated be$eit upon prior year's millage and at an equitable assessment to be agreed
190 upon between the perties; failing which, request shall be mads to the County Property Appraiser for an Informal assessment taking Into account
200 available exemptions. A lax Proration based an an estimate shall, at request of either party, be readjusted upon receipt of lax bill On condition
201 that a stalsmsnl to that affect Is signed at CLOIng.
Euyer (I („t,1 and 08elisf saknowledge receipt of a Copy of this page.
FARISAR•$ Rev. 0/90 COPYRIGHT 1990 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
This form is licensed for use with Foxmaalamr'e Forms Software by ISO MCAlilater Publishing, Inc. 800.330.1027
/413
202 are
to be Pa AEEEEEMENT Lill No: Certlllad, oonllrmed and ratified @Peale1 essassm@nt lions so of date or closing (net as or Effective Dela)
!03 afo lE be pale by !seller. Panel" lions se of data of closing shell be assumed by Buyer. 1/ the Improvement has been substantially eomplslad as
204 of 21169111va'Oale, any pending Ilan shall be Considered Cerlifled, confirmed or ratified and Seller @hall, el closing, be Charged an amount equal to
205 the last Estimate or assessment for the Improvement by the public body.
205 N, INSPECTION, REPAIR AND MAINTENANCE: Sailor warrants that the Calling, roof (Including the fascia and soffits) and exterior and
208 Interior that
walls, feundatlen, seawalls (o► equivalent) and dockage do not hove an yy Visible Evidence of looks, water damage or structural damage
IOa and That Che SEptle tank, pool, all ■pAUanOss, maehonical Items, healing, tooling, SISCIN081, plumbing systems and machinery are In Working
205 soliOnCondition, The foregoing warranty shalt be limited to the Items spaCofied unless otherwise provided In an addendum. guys► may, at Buyer's
210 and hold have Occu 2110 made of a ta" llemt within 20 days after the Effactiva Date, by a term or Individual spaClsll> Ing In home Inapeetlons
211 end hooding c ocsupatlonsl license for such purpose (if required) Or by an approptlately licensed Florida contral spseelor, and Buyer shall, prior
212 a to a fe ts. Unney, but not More than 20 days after Effaotivs Dale, report In writing to Ssltor such Items that do not most the ■Dove etenderde
213 It to defeats. Unless Buyer timely reports such defects, Buyer @hall be deemed to have waived SEIIOr's warranties ■o to defects not reported.
214 If repairs or rapist ON are required to comply with this Standard, Seller shall cause them to be made and shell pay up to the amount
215 IsProvidedt4bilo to leParagraphrepo oil (p), gaper is not requlyd to make repairs or replae@m@nte of E Cosmetic Condlllon unless caused by •defeat Seller
lase Is responolblS to repair or replace. It the cost for such repel► or replacamenl exceeds the amount provided In Per aproph %III (b), Buyer and Seller
217 may deet of pay lush excess, falling which either p@rly may cancel Ihls Contrast. If Salter Is unable to correct the daleele prior to rand S, the
215 cost thereof Inclu be gold Into escrow at closing. Seller shall, upon reasonable notice, provide utilities @@twice and access to the Property for
Ile Inapeellone, Including a walk-through prior to closing, to Confirm that all items of Personal property are on the reel property and, subject to the
220 f6regoln9, that 811 required repalra and rePlscamentt have been made and that the Property, lnetodlnp, Dul not limited 10, lawn, shrubbery r end pool,
221 It any, has been maintained In the condition existing as at Effective Date, ordinary weer end test Excepted. For purposes of this Contract: (a)
222 'Working Condition' means operating in the manner in which the Item was designed to operate; (b) 'Cosmetic Condition' means sesth@lic
223 Imperfections that do not affect the working condition of the Ilam, Including, but not limited to: pitted merclle; missing or torn screens; lopped
224 windows; testa, worn spoilt. or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or
225 caulking In calling@, walls, floorings, fixtures, or mirrors; End minor Creek* In floors, tiles, window@, driveways, sidewalks, or pool decks; and (c)
228 Cracked roof tiles, curling or worn shinglss, or limited roof life shell not be Considered defects Seller must repair or replace,so long as there Is no
227 evidence of actual looks or leakage or structrual damage, but missing tiles will be Seller's reepontlblllty to replace Or repair.
228 0, RISK OF LOSS: If. the Property Is damaged by fire or other casually before closing and cost of restoration does not exceed 3% of the
220 assessed valuatlon of the PtopeltY so damaged, cost of rastoratlon shall be an obligation of Seller and Closing shell proceed pursuant to She
230 terms of this Contract with restoration costs escrowed at Closing. If the cl of restoration exceeds 3% of the assessed valuation of the
231 Property so damaged, Buyer shall have the Option of either taking the Properlyas 15, together with either the 3% or any Insurance proceeds
232 Payable by virtue of such loss Cr damage, or of canceling this Contract and recelving ratum.of the depoit(s).
233 P. PROCEEDS OF SALE; CLOSING PROCEDURE, The dead, shall be recorded upon clearance of funds. If an abstract of lips has been
234 furnished, evidence of title shall be continued at Buyet4 expense t0 show title In Buyer, without any encumbrances or change which would render
235 Seller's Bite unmarketebte from the date of the lost evidence. All closing
In escrow b$Oiler'$ Ottcrn@Y or other
238 acceptable escrow Spent for • period of not more than 6 days after closing date.tIf S9119t's the Is rendered unmarketable through no fault mutuall
237 Buyer, Buyet shall, within the $•day period, notify Seller In writing of the defect and Seller shall have 30 days from date of receipt of such
238 notification to cure the defect. If Sailer fells to timely cur@ the defect. SII deposit is) and closing funds sh@Il, upon written demand by Buyer and
230 within 8 days alter demand, be returned to Buyer end, elmultooeously with such repayment. Buyer shall return the personal property, vocals the
240 foal properly and ► Convey the Properly to Sellar by special warranty deed and bill of sale. If Buyer folio to make timely demand for refund. Buyer
241 shall take title as is, waiving all rights apSinai Seller as to any Intervening defect except ■e may be available to BuYer by virtu@ of warranties
242 contained In the deed or bill of sale. If a portion of the purchase price Is to be derived from Institutional financing or refinancing, requirements
2443 of the lending Institution as to place, lime of day and Procedures for closing, and for disbursement Of mortgage Proceeds shall control over
244 Contrary Provision In this Contract. Sellar shell have thi right to requite from the lending Iolitutlon 8 wrlllen commitment that It will mot
245 withhold disbursement of mortgage Proceeds as a result of any title defeat attributable to Buyer mortgagor. The escrow and closing
240 rsqulred bythls Standard Shall be waived if the tills agent Insures adverse matters pursuant to Section 627.7841, F.S., as amended.
247 p. ESCROW: Any escrow agent ('Agent•) receiving funds or Equivalent Is authorized and agrees by acceptance of them to deposit them
248 promptly, hold @amt In Ostrow and, subject to cleeranee, disburse them in accordance with terms and conditions of this Contract. Failure of
240 funds to elssr shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of this Contract. Agent
250 may, at Agent's OPllona continue to hold the subject matter of the escrow until the parties heroic Ogre. to Its disbursement or until a Judgement
251 of • court Of Comp@tsnt Jurisdiction shall determine the tight$ of the p81146. or Agent may deposit same with the clerk of the circuit Court having
252 jurisdiction of the disputa. Upon notifying all parties conc*fn@d Of Ouch action, all liability on the part of Agent shall Fully terminate• except to
253 the extent of accounting for any Items previously delivered out Of escrow. If a licensed real estate broker. Agent will comply with provisions of
754 Chapter 473, F.S., as amended. ,Any suit batwesn Buyer and 39116f wherein Agent is made a party because of acting ea Agent hereunder, or in any
28$ suit wherin Agent Interpleads the subject matter of the escrow. Agent shall recover reasonable allorney's fees and costs Incurred with these
250 amounts to be Paid from and out of the escrowed funds or equivalent and Chofped and awarded as court coals In favor of the prevailing party. The
257 Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of Items subject to the escrow, unless such misdelivery is due to
258 willful breach of the provisions of this Contract or gross degllgenCe of Agent.
250 R sty In such
F!ic COSTS: In any litigation. ofn, Insluding breach, Onloreemsnl or Inl@rpretatlon, arising out of this Contract, the Prevailing
760 Party In such Illlg@llen, whleh, for purposes o} Ohl s Standard, shall Include Seller, Buyer and any brokers acting in agency or nonagency
281 10121lOnshlPs sulhorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non•prevalling Party reasonable attorney's fees.
282 Costs and expenses.
253 a.FAILURE si aid by Buyer and deposll( )uag eediltolbe paid, may be recoveredlland retained by and forlthe account yof Sellereals agreed lsupon
204 de call 9
265 liquidated damages, Consideration for the exseutlon Of this Contract and In full settlement of any elslmsI whereupon, Buyer and Seller its. the
be
266 followed of all Obligations under this Contract; or Seller, at Shcer'a optlon,.may proceed In equity to enforce Seller's rights under this Contract. If
207 for any Contract,reasonBuy other Than failure of Seller Io make SNIer'9 IItIE markateble after diligent effort, Seller falls, neglects or refusal to perform this
200 damgsBuyer may teak is specific performs of elect to rOeElvm rho return of Buyer's deposit(*) without Thereby waiving any action for
les damages r69ulting from Seller's braaeh.
270 T. CONTRACT NOT RECORDABLE; PERSONS ROUND; NOTICE: Neither this Contract nor any notice of It shall be recorded in any
271 records. This Contract shall bind and Inure to the.boneril of the parties and their successors In Interest. Whenever the context permits, singular
772 shell Induce Plural and ane gender shall Include ell. Notice glwnDy Otto the Ettore for an Y public
273 pally. Y y party shall boas affective as If given by or to that
274 U. CONVEYANCE: Sellar shelf convey title to the real property by statutory warranty, trustee's, personal representative's or guardlan's dead. as
275 appropriate to the status Of -Sellar, subject only to mailers Contained In Paragraph VII and those otherwias accepted by Buyer. Personal property
276 shall, a1 the (@quest of Buyer, be transferred by @n ab*Orute bill of 9810 with warranty of title, subject only to such matters as may be otherwise
277 provldad for hereln.
278 V. OTHER AGREEMENTS: No prior Of present agreements Or representations shall be binding upon Buyer or Sailor unless fnctuded In this
279 Contract. No modification to or change In this Contract shall be valid Or binding upon. the p@films unless In writing and executed by the party of
280 p9itls9. Intended to be bound by It.
281 W WARRANTY: S@Ilar warrants that IhOf@ aro no facts known to Sailer materially affecting the value of the Property which are not readily
2a2 absdrvable by Suysf Of which have not been disclosed to Buyer.
Buyer ( and Sailor U&MVvi
( , acknowledge receipt of a copy of this papa.
FARIBAR•5 Rev. alga COPYRIGHT 1908 THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS®
This form. is licensed for use with Foraaaulettore Forma Software by ISO McAllister Publishing, Inc. 800.338.1027
.. ,: t'g 1i;3":::z:; .. ..yam ;, ., .. .. .: .. .1 . , • ; .t.
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c GRAPHIC SCALE 25•
LEGAL ®ESCWTION u 0 ao so +z®
0
The North 60 feet of the ~
w w
South 90 feet of the West Z
90 feet of the East .10.54 ( 1N FEET)
acres of Tract 8. Section 1 inch = 60 tt p
21, Township 33 South. c
Range 39 East. according w
to the lost general plot of p J U J
the lands of the Indian River °r0 a o ~ f
Farms Company recorded in p o f
Plot Book 2, Page 25 of the � u Q o 1
Public Records of St. Lucie c o
County, Florida. --�
Containing 5,400 square feet.
Now lying in Indian River _ v
County. Florida. : —" —
j' 174.2' �,
(D }
B
174.2'— _ 56° 25' d; a
t so' � 5THSTREET U/ Co
345.2'
r
1/4 Section Line &,
Tract Line 81 E. 1/4 Corner
CERi1F1CAT1®N 21-33-39
I,. Chorles A. Cromer, hereby certify that I am a registered Professional Surveyor and Mo $
the state of Florida, that this sketch was mode under .my immediate supervision, and that it is accurate and tcorrect.in
I further certify that this sketch meets the Minimum Technical standards as described in Chapter 61G17 of the Florida bj
Administrative Code, pursuant to F.S. Chapter 472.
dWW
Charles A. Cramer, P.S.M. Re X4094 Dote
Indian River County Surveyor THIS IS NOT A SURVEY
1840 25th Street, hero Beach, FL 32960 SKEPCH TG Ac coMpANy LES 0Escmpn®N
(561) 567=8000 PREPARED . FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
A.
21-33-39
°D 0050
21-33_39=00001 000®4 2
000010080
GRAPHIC SCALE 02.0
`90'
so 0 25 50 100
Z
� -
( IN FEET)
1 inch = 50 IL
21-33-39
LEGAL DESCRIPTION
001
. 0 00 I
0050
01
The East 60 feet of the North 170.2 feet of
the South 260.2 feet of the West 10 acres of
00005. i
the East 20.54 acres of Tract 6, Section 21,
Township 33 South, Range 39 East. according l
3
to the lost general plot of the lands of the
Indian River Farms Company recorded
a I
°II
in
Plot gook 2, Page 25 of the Public Records
of St. Lucie County, Florida.
Containing 10,212 square feet.
r
ing m Indian River County, Florida.
90'Now
o
�.
o
to
-
5TH STREET S W
s`
_
O
v
o
M
CERT1FIi°AnOiV _
I -4 Section Line dt Tract Line
�
3
1=
1. 1, Charles A. Cromer, hereby certify that I am a registered Professional
the state of Florida, that this sketch was made
Surveyor and Ma
in
J
._
unser my imrs►ediote
I further certify that this sketch meets the Minimum Technical; stondords
Administrative Code,
supervision, and that is accurate Practice
ceincorrect.
as described i
_
pursuant to F.S. Chapter 472,(24
n Chapter 611317 of the Florida
3
�•
o
1 1
CharlesA. Cromer, P.S.M. Reg. #4094 date
THIS IS NOT A SURVEY
e
Indian River County Surveyor
SKETCH TO A0001►IPANy LEGAL DESCRIPTION
1840 25th Street, VeroBeach, FL 32960 (561) 1,57-8000 PREPARED FOR INDIAN RIVER CUUNiY ENGINEERING DEPARTMENT
=001(rm.exchng.K*
RESOLUTION NO. 2001-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE
EXCHANGE OF COUNTY PROPERTY.
WHEREAS, Indian River County Is the owner of a parcel of land on the north side of 5 Street
eqI
SW, West of 43Avenue, shown an the attached Exhibit -0-. which Is a portion of the parcel legally
described an the attached deed recorded at ORB 61, Pages 119 and 120; and
WHEREAS, the adjacent land owner has a parcel of land Immediately east of the County parcel,
shown an the attached Exhibit 'a", which Is a portion of the parcel legally described on the attached deed
recorded at ORB 979, Page 0045. and
WHEREAS. It would be In the Mutual benefit of both the County and the land owner to exchange
title to the parcels shown as Exhibits "B" and *0" to
and t Sw;
WHEREAS, Section 125.37, Florida Statute
In the public Interest and after notice has been publl Indlan River Count Approved Date n it Is
WHEREAS, notice of this Proposed exch Admini tr tl n
Journal, once on Monday, February 6, 2001, and i Budget Press
NOW, THEREFORE, BE IT RESOLVED Bi Legal that:
1. The County Is authorized to effect the exchangi AlIlt Management
Department
2. The Chairman of the Board Is authorized to axe olvielon
The resolution was moved for adoption t
seconded by Commissioner and I was
Chairman -Caroline D. Ginn
Vice Chairman Ruth Stanbridge
Commissioner Kenneth R. Macht
Commissioner John W. TIppIn
Commissioner Fran B. Adams
The Chairman thereupon declared the resolution duly passed and adopted this
February, 2001. day of
BOARD OF COMMISSIONERS
Attest: J. K Barton, Clerk INDIAN RIVER COUNTY, FLORIDA
By By
Deputy Clerk Caroline D. Ginn, �Chairman
Attachments: Exhibits "B"and "D11P County Deed, rind Property Owner's Deed
Al
A
LOCAL OESCRMON
The North 60 feet of the
South 90 feet of the West
90 feet of the East 10.54
acres of Tract 8, Section
21, Township 33 South.
Range 39 East, according
to the lost general plot of
the fonds of the Indian River
Forms Company recorded in p
Plot Book 2. Page 25 of the N
Public Records of St. Lucie
Caunty, rlorido.
Containing 5,400 square feet.
C Now lying in Indian River
OD GRAPHIC SCALE
30 go lm
� (1N FEE'C
1 Inch - 60 fl,
0
t.i
u
r
3
aunty. Flor.do 90_ - --_ --- -
1J4.)'
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3,i5i�-2'-
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CIO
174.2' 1
— 2 56 a
01 5T1� STREET 01 S.W..
90° �1
Section Line &J >
CERTIFICATION Tract Line 8E. 1/4 Corner
21-33-39 3
+. Charles A. Cromer, hereby certify that 1 am o
the state of Florida. that this sketch was mode under emy immediate supervision on, and Nthat it is accurate and correct.
I further certify that this. sketch meets the Minimum Technical standards os described in Cho licensed61 G 1 / practice in
Administrative Code. pursuant to F.S. Chapter 4.72, in
of the Florida �+
e.
■ ......
Charles A_ Cromer° P.S.M. Reg. /40940
Indian River County Surveyor Dole 9
1840 25th Street. Vero Beach. FL 32960 THIS NOT 8
(561) 567-8000 SKETCH TO AOCOI4pANy LEGAL OFSCftI <
PREPMEO FOR INDIAPI RfVER COIIIVTY ErlctN�Rlldc �
?1-33-J9
21-33-39-00001 0080 O0fl04 2 _
_
00001y
GRAPHIC SCALE OM2.0
so. -- —� — —
s0 a 25 so 100
° I
( IN FEET)
� I
o
1 inch = 50 /L
I
W 21-33-39
LEGAL DESCRIPTION
' I
0080
The East 60 feet of the North 170.2 feet of
the South 260.2 feet
14 00005.1 ®I I
of the West 10 acres of
the East 20.54 acres of Tract 8, Section 21,
Township 33 South,
/'
I
Range 39 East, according
10 the last general plot of the lands Of the
Indian River Forms Company recorded in
Plat
`o
d
Book -2. Page 25 of the Public Records
:/
Of St. Lucie County, Florida.
J
Containing 10,212 square Peet.
Now lying in Indion River County, Florida.
90'
o
a
N
1
O
5TH STREET S. W
U
CEiiI1FlCAT10W1
4 Section Line do Tract Line
ca
1. Charles A. Cromer, hereby certify that t am a registered
the state of Florida, that this sketch was made under
I further certify that
Professioncl
my immediate
Surveyor and Mo
ina
in
W
in
supervision, and that it is accurate an
this sketch meets the Minimum Technical standards as described in
Administrative Code, Pursuant to F.S. Chapter 472, d correct.
J
_
�
of the Florida
�
0
®
Charles A. Cromer, P.S.M. Reg. #4094
Indian River County Surveyor Dake
THIS IS NOT A SURVEY
ETCH
o
u
<
1840 25th Street, Vero Beach, F�132960 (561) 567_8000
TO ACCO�lPAHy �� ®ESCRIpnON
PREPAREIIVOIAfd CC
�Fol
COUPVIY ENGINEERING DEPARTAIEtYT'
�1
COUNTYDEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, Made this
INDIAN RIVER COUNTY, FLORIDA,day of 2001, by
a political
Florida, party of theCal subdivision of the State of
first Part, whose mailing address is 1840 25th Street, Vero
Beach, Florida 32960, and GERALD L. BECHTOLD
whose mailing address is 4350 Fifth Street, SW, Vero Beach, Florida 32968.
WITNESSETH that the Said Party of the first part, for and in consideration
of the sum of Ten Dollars ($10.00) to It In hand paid by thea of the second
part, receipt whereof is hereby acknowledged. has granted, bargarty ined, and sold
to the Party of the second part, its heirs and assigns forever, the following
described lands lying and being In Indian River County, Florida:
EXHIBIT "D" ATTACHED HERETO
AND MADE A PART HEREOF
IN WITNESS WHEREOF the said party of the first part has caused these
Presents to be executed In its name by Its Board Of County Commissioners,
acting by the Chairman of said Board, the day and year aforesaid.
INDIAN RIVER COUNTY, FLORIDA
Attest: J.K. Barton, Clerk BY its Board of County Commissioners
By Deputy Clerk By
Caroline D. Ginn, Chairman
(Official Seal)
Indian RIM COUnly Approved Date
This document was Prepared by: Administration
Indian River County Attorney's office
1840 25th street Budget
Vero Beach, FL 32960 Legal
Risk Management
Department
Division
/-::�-d
J."
1:1:401
NZE
21-33-39
21-33-39-00001 -0060-OOW4.2
•
V
00001
0080
90'
GRAPHIC SCALE 00002.0
so 0 25 so 100
IN FEET
CIA
I inch = 50 IL 4
Ui
21-33-39
LEGAL DESCRIRON
.0
=;I 'Cq
0M 0
00005.1 1
The East 60 feet of the North 170.2 feet of
the South 260.2 feet of the West 10 acres of
the East 20.54 acres of Tract 8, Section 21,
Township 33 South, Range 39 East, according
to the lost general plot of the lands of the
0
Indian River Forms Company recorded in
Plot Book 2, Page 25 of the Public Records
of St. Lucie County, Florida.
Containing 10.212 square feet.
Now lying 1n Indian River County. Florida.
5TH STREET S. W.
EL
to
CERTIFICATION
1/4 Section Line & Tract Line
y
1. Charles A. Cromer, hereby certify that I am a registered Professional
the state of Florida. that this sketch was mode under my immediate
Surveyor and Mapper licensed to practice in
in
supervision,
I further certify that this sketch meets the Minimum Technical standards
Administrative Code,
it
and thatis accurate and correct.
CIS described Chapter 61017 of the Florida
'j
pursuant to F.S. Chapter 472.
.!n
•
CY
log 4.
Charles A. Cromer. P.S.M. Reg. #4094 Dote
THIS IS NOT A SURVEY
Indian River County Surveyor
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT
1840 25(h Street, Vero Beach, FL 32960 (561) 567-8000
11
24ktb
S-176 2. a.".. bi. Us
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lea -4.
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WA*r t1s, laws of the Stateoet"
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4330 3t1 street
.l Veto stACM# FL. 32000
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VAN ARM. IFL. 32960
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4330 SCh Street 4.Y.. tiro /each. Flerlaa 72960 1
Awl sterid w PMOL WON
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Srsaw as r6u #LOU fx Indian liver
Thr Wast 90 feat of the following described parcel: Ii
The South 5.54 acres of the East 10.54 acres of Trait 8. (less Canal) in Section 21,
To:Inshlp 33 South, Range 39 East. LESS the North 432.81 feet. eccordlngbotto the last
R611CVentralRecordslot flands of St Lucia may. Florida; now lms ylnng aany ndbeingInIndianA/re� �.
Canty. Florida.
MMO4 RARE M am swoc am 9i0Ftlt2T I4 wr 4DY M Awn on am no
simanw.
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