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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 - . .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. . F'hif.' �t<--5c,.... � ,",;.,,,,�i-' - KR3:;. '�•a;� "'i�::r �'ii.:�:W. -"Y 97,4�:'�.zs.Si.F�e' .+ - - 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.)' 4 lD n rl u t r gn-- 3,i5i�-2'- 1/4 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 Palo, %so lea -4. 1*, jk'.j '.'I .d shrill*Kim led,= liver WA*r t1s, laws of the Stateoet" Idil"RiLvar jq.:,ClJttical 11bdIvUl"'t, 108 -4 1& pw Tomb . . . ................. ... h."j #..I by A- W, I.'# too .4 'A, r Poll. Its Flarlds vast 10 Awes or Ift weat •20.* &ns, or 1}a . N ..I ft"Whb 33 amth, Ru., 39 go It of sectlaft P2 get Or USIVA 111fivi VWM q acaml to the loot 8o�;" I as arrICS, Of I. *Ph at the Ciposig CMt, rued MaW a-A&Y, r2orl". fa To HAW Md to UOU PWO. Its 'swam maw, &-,4 84-4 ..do their At 3- Awl-�i4 —1 — nwa am 1w I NOR Mw It'." anus a. Aft—P. -I dw-f 4LA, t r grit F; fit, 4!L Illw /IN r*corded Aug"% 18. 19W. DOM/5 BARER, CL!;RR cIRCUIT Z0227 L11MM CRA ld L. 81Ca1GLD 4330 3t1 street .l Veto stACM# FL. 32000 Itre:te:wr111Ygr.allr. , ...,. 644A1e L. 14C4tOtd 4330 Sib stmt VAN ARM. IFL. 32960 Fenet AWWwo Iwo tw %"M •�atl Mw+aulM; Gomm u air 21-33-3940001-0040-00003/0 was Well YMUG Pan w:op>.m a U ;61 IILOOaIO YfIMFlsO JIPFnp R. WKON INOPXCIACWOOM OIAN "No a 000NYWAA1$TAM 0@0 F.9/ MORS AMILIMANt wNNMDM►eM Ca 01 N wa1 tloN so W no mod/ em jollb Afea w tote d, e/ Jus. A.D. r► 07 ti C L. SUM. a married map 4ewfa0lYr MOS w ruwr. H all �F me w 114 married map 4330 SCh Street 4.Y.. tiro /each. Flerlaa 72960 1 Awl sterid w PMOL WON �www�.f-VYY� ra.Iwle r Y hal of so .yr w.+.wti �1 w. 0,61 ,014 1Ww Nspb►i Jbr ad b "awff"W r w sow r/0 10.00 ane moor Cay. Sow S/ Florida , aWk. 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. �• aft all set eFaFalFaet bnet[snrsat aa[ prraasae 6MIIb friFMtaj w b �ow Qs an aN b Iwo. woe tapr ei.'1F/1,tlw., hewrlwe.l+IFay aw+im ' "teff of oxw m w p+wtor 4l=l�pfeM ol" 6wd 6e�r mus: iv+ moi'.ta�iet�w��//.ajlns.rriowFolwrsrM� Mind y1� �� ��� r°Ist MM aeenity Fa4Fgrral eFllsrnser JJ. 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