HomeMy WebLinkAbout2020-0072020010 — Sealed Bid Sale — Property 3 - 3985 46th Place - Rebid
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of January -_, 2020, by and between Indian River County,
("County"), a political subdivision oft State of orid whose address is 1801 27th
Street, Vero Beach, FL 32960; and ��YW � '7
(buyer's address) (city) (state) (zip)
("Buyers"), who agree as follows:
1. Agreement to Purchase and Sell. The County hereby agrees to sell to the Buyers,
and the Buyers hereby agrees to purchase from County, upon the terms and conditions
set forth in this Agreement, that certain parcel of real property located at 3985 46th Place
and more specifically described on Exhibit "A" attached hereto and incorporated by
reference, containing approximately 0.14 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 price (the "Purchase Price") for the
Property shall be 00/00 Dollars ($ LU2�CJ3 .00).
(written purchase price) (numeric purchase price)
The Buyer has paid and the County acknowledges receipt of a cashier's check in the
amount f ten 1 percent (10%) of the purchase price or
00/00 Dollars j$ 4M , M .00)
(10% of written purchase 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.
2020010 — Sealed Bid Sale — Property 3 - 3985 46th Place - Rebid
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 3 - 3985 46th Place - Rebid
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 shall inure to the benefit of the parties hereto
and their successors and assigns.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed
by certified mail, return receipt requested, or if sent via "overnight" courier service or
facsimile transmission, as follows:
If to Buyers: Buyer's full name:
Address:
City, State, Zip:
Phone:
Email:
2020010 — Sealed Bid Sale — Property 3 - 3985 46th Place - Rebid
If to County: Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL. 32960
Phone: 772-226-1426
bdebraal@ircgov.com
Either party may change the information above by giving written notice of such change
as provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein.
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any
other person whatsoever.
8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7. Counterparts. This Agreement may be executed in two or more counterparts,
each one of which shall constitute an original.
8.8. County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.0 Property is Being sold "Where Is As Is" The County makes no guaranty or
warranty as to the Property or any of its structures or their contents. The sale is not
contingent upon buyer obtaining financing. This sale is not contingent upon a satisfactory
inspection report. Buyer's Initials Buyer's initials 2
0
2020010 — Sealed Bid Sale — Property 3 - 3985 46th Place - Rebid
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first set forth above.
Buyer: INDIAN RIVER COUNTY, FLORA
BOARD OF COUNTY C I NES
*+:
Bo of i, Chairman
Print Name: ` Su an Ad ms, Chairman •` ��� Fj pR10P••'•+
Date BCC Approved: January 14, 2020
By:
Print Name: CSDNS!'J , �r-
r v
Date Signed by Buyer: 2 l
Approved as to form and legal
Sufficiency:
61" -
William K. DeBraal
Deputy County Attorney
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By
Deputy Cler
3120200006746
RECORDED IN THE PUBLIC RECORDS OF
This document was prepared by: JEFFREY R SMITH, CLERK OF COURT
Indian River County Attorney's Office INDIAN RIVER COUNTY FL
1801 27th Street BK: 3274 PG: 387 Page 1 of 1 2142020 9:28 AM
Vero Beach, FL 32960 D DOCTAX PD $28.00
(772) 226-1425
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this -3rd— day of F�,brz,ar,y202O, by
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of Florida, party of the first part, whose mailing address is 1801
27th Street, Vero Beach, Florida 32960, and COREY BAKER, party of
the second part, whose mailing address is 2315 14th Street, S.W., Vero
Beach, Florida 32962.
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
the party of the second part, receipt whereof is hereby acknowledged,
has granted, bargained and sold to the party of the second part, its heirs
and assigns forever, the following described land lying and being in
Indian River County, Florida:
Lot 7, Block 3, PINEVIEW PARK, UNIT NO. 2,
according to the plat thereof, recorded in Plat
Book 7, Page 44, Public Records of Indian River
County, Florida
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. .•��h;r;i�;;�..,,
Attest: Jeffrey R. Smith, Clerk
of Court and Comptroller
By�Amli�!
"C
Deputy Clerk
APPROVE0 AS TO WUM
AND L'AL; FIC r':Y
BY_ —
1NIL.�.fA.cx!,R.AAL
DEPUTY COUNTY ATTORNEY
INDIAN RIVER COUNTY, FLO
By its Board of County Commi:
ITTA
inners p
In Adams, Chairman
BCC approved: January 14, 2020
(Official Seal)
CLOSING STATEMENT
Sellers: INDIAN RIVER COUNTY
Buyer: COREY BAKER
Property: Lot 7, Block 3, PINEVIEW PARK, UNIT NO. 2
3985 46`' Place, Vero Beach, Florida 32967
due from due to
Buyer Seller
PURCHASE PRICE $4,000.00
COSTS TO BUYER
Pursuant to Agreement to Purchase and
Sell Real Estate:
Purchase Price 4,000.00
Documentary Stamps on Deed 28.00 28.00
Recording Fee for Deed 10.00 10.00
Title Insurance (none purchased) -0-
Current Taxes (not yet due and payable)
4,038.00 4,038.00
Deposit of 10% of purchase price - 400.00 - 400.00
Amount due at closing from Buyer 3,638.00 3,638.00
BALANCE DUE AT CLOSING FROM BUYER:
$3,600.00 balance due on purchase price
38.00 for recording fees
$3,638.00
WE HEREBYAPPROVEAND ACCEPT THIS CLOSING STATEMENT
Seller: INDIAN R ER CTY
B.4 9, ?. --
2
William K. DeBraal
Deputy County Attorney
Date F -A• -3 0
Bu
By
�-�-
Y
Corey Baker
Date F'(�-6 � 1