HomeMy WebLinkAbout2019-183A2020010 — Sealed Bid Sale — Property 4 - 4246 28th Ave
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of November 5th , 2019, by and between Indian River
County, ("County"), a political subdivision of th State of F rids whose address is 1801
27th Street, Vero Beach, FL 32960; and � o
1 �1 fj, `� (buye s full na `J n�
(buyers address) / I/ ��� 1 1 "` 32q- 6 J
(city) (state) (zip)
("Buyers"), who agree as follows:
1. Agreement to Purchase and Sell The County hereby agrees to sell to the Buyers,
and the Buyers hereby agrees to purchase from County, upon the terms and conditions
set forth in this Agreement, that certain parcel of real property located at 4246 28th Ave
and more specifically described on Exhibit "A" attached hereto and incorporated by
reference, containing approximately 0.18 acres, and all improvements thereon, together
with all easements, rights and uses now or hereafter belonging thereto (collectively, the
"Property").
2. Purchase Price Effective Date. The purchase� �pr�i e (the "Purchase Price") for the
Property shall be a,�,� hund(�ed�;tu f/00 Dollars .00).
(written purchase price) (numerib purchase price)
The Buyer has paid and the County acknowledges receipt of a cashier's check in the
amount I_ of to �rc (10%) of the purchase price or
00/00 DolSa Q 00(10% chase price) (numeric)
that is currently being held in escrow by the County (Escrowed Funds). The balance of
the Purchase Price shall be paid on the Closing Date. The Effective Date of this
Agreement shall be the date upon which the County approves the execution of this
Agreement, either by approval by the Indian River County Board of County
Commissioners at a formal meeting of such Board or by the County Administrator
pursuant to his delegated authority.
3. Title. County shall convey marketable title to the Property by County Deed free of
claims, liens, easements and encumbrances of record or known to County; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents Buyer's intended use and development
of the Property ("Permitted Exceptions").
4. Representations of the County.
4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is
the sole owner of and has good right, title, and authority to convey and transfer the
Property which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
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2020010 — Sealed Bid Sale — Property 4 - 4246 28th Ave
4.2 From and after the Effective Date of this Agreement, County shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the Buyers.
4.3 There are no existing or pending special assessments affecting the Property,
which are or may be assessed by any governmental authority, water or sewer authority,
school district, drainage district or any other special taxing district.
5. Default.
5.1 In the event the Buyers shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Buyers at or prior to the Closing Date and thereupon retain the Escrowed
Funds as liquidated damages. Neither the County nor any other person or party shall
have any claim for specific performance, damages, or otherwise against the Buyers; or
(ii) waive the Buyer's default and proceed to Closing.
5.2 In the event the County shall fail to perform any of its obligations hereunder, the
Buyers shall, at its sole option, be entitled to terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Buyers
nor any other person or party shall have any claim for specific performance, damages or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 30 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The County shall execute and deliver to the Buyers a County Deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) The County shall have removed all of its personal property and equipment from
the Property and the County shall deliver possession of the Property to Buyers vacant
and in the same or better condition that existed at the Effective Date hereof.
(c) If County is obligated to discharge any encumbrances at or prior to Closing and
fails to do so, Buyers may use a portion of Purchase Price funds to satisfy the
encumbrances.
(d) The County and the Buyers shall each deliver to the other such other documents
or instruments as may reasonably be required to close this transaction.
7. Closing Costs; Expenses. Buyers shall be responsible for preparation of all Closing
documents.
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2020010 — Sealed Bid Sale — Property 4 - 4246 28th Ave
7.1 Buyers shall pay the following expenses at Closing:
7.1.1 The cost of recording the County deed and any release or satisfaction
obtained by County pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7.1.4 Current taxes which are not yet due and payable
7.2 County shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River Buyers for all state
court matters, and in the Southern District of Florida for all federal court matters.
8.2 Entire Agreement This _Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the County and the Buyers relating to the subject matter hereof. Any
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8_3 Assignment and Binding Effect Neither Buyers nor County may assign its rights
and obligations under this Agreement without the prior written consent of the other party.
The terms hereof shall be binding upon and shalt inure to the benefit of the parties hereto
and their successors and assigns.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed
by certified mail, return receipt requested, or if sent via "overnight" courier service or
facsimile transmission, as follows:
If to Buyers: Buyer's full name:
Address:
City, State, Zip:
Phone:
Email:
2020010 — Sealed Bid Sale — Property 4 - 4246 28th Ave
If to County: Indian River County Attorney's Office
1801 27t'Street
Vero Beach, FL. 32960
Phone: 772-226-1426
bdebraal@ircgov.com
Either party may change the information above by giving written notice of such change
as provided in this paragraph.
8.5 Survival and Benefit Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any
other person whatsoever.
8.6 Attorney's Fees and Costs In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7. Counterparts. This Agreement may be executed in two or more counterparts,
each one of which shall constitute an original.
8.8. County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.0 Property is Being sold "Where Is As Is" The County makes no guaranty or
warranty as to the Property or any of its structures or their contents. The sale is not
contingent upon buyer obtaining financing. Thi " le is not contingent upon a sat' , ctory
inspection report. Buyer's Initials - Buyer's initials �Z
2020010 — Sealed Bid Sale — Property 4 - 4246 28th Ave
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
Buyer:
By: fc/
Print Name:
By:
Print
Date Signed by Buyer:
Approved as to form and legal
Sufficiency:
William K. DeBraal
Deputy County Attorney
7
. °�UtiTy
INDIAN RIVER COUNTY, FLORI[-
BOARD OF COUNTY COMMISSION m
By: ,ee.
Bob Solari, Chairman
Date BCC Approved: November 5, 2019
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By � /
Deputy Clerk
Sketch and Legal Description for: INDIAN RIVER COUNTY
25"
Z }
S 3
Q j0
2
O�
E2 Nv
NOT TO SCALE
25'
EAST
32-39-26-00000-3000-00042.0
LADONNA RIGGINS
4250 28th AVENUE
O.R.B. 2879, PG. 1956 I
— 159.00'
o/� INDIAN RIVER COUNTY j
'// 4246 28th AVENUE
C7 O.R.B. 2889, PG. 1149
950 SO. FT.± (0.18 ACRES±)
— 159.
32-39-26-00005-0120-00002.0
JULIUS BAKER
t 4231 27th AVENUE
O.R.B. 1565. PG. 1867
00
o = 1
\Point of
32-39-26-00005-0120-00004.0
Beginning ALTAMESE AND ENP.IOUE KIRKS
4221 27th AVENUE
32-39-26-00000-3000-00040.0 O.R.B. 2024, PG. 2377
MOUNT ZION CHURCH
'— 4240 28th AVENUE
32-39-26-00000-3000-00039-0
GODFREY GIPSON
28th AVENUE
O.R.B. 1984, PG. 2009
I
I<
Point of Commencement
SOUTHWEST CORNER OF THE
ANNIE (GRAY) BATTLE TRACT
RIGHT OF WAY LINE
N ; 42nd Street
} (50' RIGHT OF WAY)
}
U) '
i N �
RIGHT OF WAY LINE
Legend and Abbreviations
C.R. = COUNTY ROAD LLC = LIMITED LIABILITY COMPANY
I.R.F.W.C.D.= INDIAN RIVER FARMS O.R.B. = OFFICIAL RECORD BOOK
WATER CONTROL DISTRICT (P) = PLAT
L = LENGTH OF ARC P.B. = PLAT BOOK
This is not a Boundary Survey
AGENCY: INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT./ENGINEERING DIV.
'DATE: DRAWN BY:
9/251/19 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: UOB NO:
2 OF 2 3051
PGE
=PAGE
PBS
= PLAT BOOK ST. LUCIE
A
= DELTA ANGLE
SQ. FT. =SQUARE FEET
R
= RANGE
RfW
= RIGHT-OF-WAY
T
= TOWNSHIP
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(4246 28th AVENUE)
Sketch and Legal Description for:INDIAN RIVER COUNTY
LEGAL DESCRIPTION PER O.R.B. 2889, PG. 1149
COMMENCE AT THE SOUTHWEST CORNER OF THE ANNA (GRAY) BATTLE TRACT AND RUN NORTH
ALONG WEST LINE 261 FEET, THENCE EAST 25 FEET TO THE POINT OF BEGINNING. THENCE RUN
NORTH 50 FEET, THENCE EAST 159 FEET, THENCE SOUTH 50 FEET, THENCE WEST 159 FEET TO
THE POINT OF BEGINNING. SAID TRACT BEING MORE PARTICULARLY DESCRIBED IN SECTION 26,
TOWNSHIP 32, RANGE 39.
Containing 7950 Sq. Ft.± (0.18 Acres±)
Surveyor's Notes
1). This Sketch and Legal Description was prepared with the benefit of a Boundary
Survey prepared by Lawson, Noble & Webb, for Indian River County, Project No. 9219,
Dated Julyl 28, 2003.
2).This legal description shall not be valid unless:
(a) Provided in its entirety Consisting of 2 sheets , with sheet 2 showing the
sketch of the description.
(b) Reproductions of the description and sketch are not valid unless signed and
Sealed with an embossed surveyor's seal.
Legend and Abbreviations
C.R.
= COUNTY ROAD
I.R.F.W.C.D.
= INDIAN RIVER FARMS
WATER CONTROL DISTRICT
L
= LENGTH OF ARC
LLC
= LIMITED LIABILITY COMPANY
O.R.B.
= OFFICIAL RECORD BOOK
(P)
= PLAT
P.B.
= PLAT BOOK
PGE
=PAGE
PBS
= PLAT BOOK ST. LUCIE
A=DELTA
ANGLE
SQ. FT.
= SQUARE FEET
R
= RANGE
R,W
= RIGHT-OF-WAY
T
= TOWNSHIP
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES.
DATE OF SIGNATURE
This is not a Boundary Survey
AGENCY: INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT./ENGINEERING DIV.
DATE: 1DRAWN BY:
9/25/19 R. INGLETT
SCALE: APPROVED BY:
N/A D. SCHRYVER
SHEET: 1 OF 2 OB NO:
3051
DAVID W. SCHRYVER
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 4864
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
(4246 28th AVENUE)