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HomeMy WebLinkAbout2021-187i 14.J4 ivvny-iy/ RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3498 PG: 417 Page 1 of 4 12/30/2021 1:32 PM AGREEMENT FOR DEED RESTRICTIONS ON REAL ESTATE THIS AGREEMENT for Deed Restrictions on Real Estate is entered into as of the J' day of December, 2021, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, whose address is 1801 27' Street, Vero Beach, FL 32960 ("District"), and MWI Corporation, a Florida for profit corporation, whose address is 33 NW 2,1d Street, Deerfield Beach, FL 33441 ("MWI"). WHEREAS, the District owns a ten -acre parcel of unproved land located on 911 Street SW, Vero Beach, FL 32967 on the south side of 9th Street SW and to the north of 13th Street SW; and WHEREAS, MWI owns a parcel of property at 7775 91h Street SW, Vero Beach, FL which lies adjacent to the east of the District's ten -acre parcel; and WHEREAS, MWI uses the 7775 9th Street SW location for operating their business of building, refurbishing and repairing large pumps and water control devices; and WHEREAS, in order to support the economic growth of Indian River County and encourage expansion of small local businesses, the District has agreed to sell MWI 10 acres of land that lies adjacent to MWI's existing operation, as depicted on the sketch and legal description attached as Exhibit "A", herein after referred to as the "Property"; and WHEREAS, MWI consents to have the following deed restrictions placed on the Property. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Deed Restrictions. The following deed restrictions shall be placed against the Property, more specifically described in Exhibit "A" attached and incorporated by reference herein, prior to recording the County Deed to MWI: A) For a period of ten (10) years following the execution of this document, the Property shall not be sold to any other party without the consent of the Indian River County Solid Waste Disposal District. B) For a period of ten (10) years following the execution of this document, the District shall have a right of first refusal to purchase the property back from MWI at the Purchase Price paid by MWI on the date of the sale of the Property. C) For a period of ten (10) years following the execution of this document, MWI covenants that it will occupy and use the Property for building and repairing pumps and for the day to day operations of MWI, and for no other purposes. D) For a period of ten (10) years following the execution of this document, MWI shall not unify the title to the Property with any other property owned by MWI without consent of the District. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the District approves the execution of this Agreement by the Indian River County Solid Waste Disposal District at a formal meeting of such District. 3. Title to the Property. The District shall convey marketable title to the Property by county deed free of claims, liens, easements and encumbrances of record or known to the District; but subject to property taxes for the year of Closing and subject to 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 MWI's intended use and development of the Property. 4.0 MWI may order an Ownership and Encumbrance Report with respect to the Property. MWI shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to the District of title defects. Title shall be deemed acceptable to MWI if (a) MWI fails to deliver notice of defects within the time specified, or (b) MWI delivers notice and the District cures the defects within thirty (30) days from receipt of notice from MWI of title defects ("Curative Period"). The District shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, MWI shall have thirty (30) days from the end of the Curative Period to elect, by written notice to the District, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of The District 5.1 The District 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. 5.2 From and after the Effective Date of this Agreement, the District 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 MWI. 5.3 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. 6. Default. 6.1 In the event the District shall fail to perform any of its obligations hereunder, MWI shall be entitled to: (i) terminate this Agreement by written notice delivered to the District at or prior to the Closing Date, and pursue all remedies available 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive The District's default and proceed to Closing. 6.2 In the event of a default by MWI, the District shall be entitled, as its sole remedy hereunder, to terminate this Agreement. The District shall have no claim for specific performance, damages or otherwise against MWI. 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The District shall execute and deliver to MWI a county deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) The District shall have removed all of its personal property and equipment from the Property and shall deliver possession of the Property to MWI vacant and in the same or better condition that existed at the Effective Date hereof. (c) If the District is obligated to discharge any encumbrances at or prior to Closing and fails to do so, MWI may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The District shall deliver to MWI an affidavit, in form acceptable to MWI, certifying that The District is not a non-resident alien or foreign entity, such that The District and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The District and MWI shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses. MWI shall be responsible for preparation of all Closing documents. MWI shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by MWI. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, MWI shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of 3 ��k A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, MWI shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 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 District and MWI 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. 9.3 Assignment and Binding Effect. Neither MWI nor the District 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. 9.4 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 MWI: MWI Corporation 33 NW 2nd Street Deerfield Beach, FL 33441 Attn: Marc Boudet If to the District: Indian River County Solid Waste Disposal District 1801 271h Street Vero Beach, FL 32960 Attn: Utilities Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 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 M MIN A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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. 9.6 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. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. District Approval Required: This Agreement is subject to approval by the Indian River County Solid Waste Disposal District as set forth in paragraph 2. 9.9 Deed Restrictions. The following deed restrictions shall be recorded against the property prior to recording the County Deed to MWI: A) For a period of ten (10) years following the execution of this document, the Property shall not be sold to any other party without the consent of the Indian River County Solid Waste Disposal District. B) For a period of ten (10) years following the execution of this document, the District shall have a right of first refusal to purchase the property back from MWI at the Purchase Price paid by MWI on the date of the sale of the Property. C) For a period of ten (10) years following the execution of this document, MWI covenants that it will occupy and use the Property for building and repairing pumps and for the day to day operations of MWI, and for no other purposes. D) For a period of ten (10) years following the execution of this document, MWI shall not unify the title to the Property with any other property owned by MWI without consent of the District. SIGNATURES ON THE FOLLOWING PAGE -46-- IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set forth above. INDIAN RIVER COUNTY SOLID •cartiti?�S ATTEST: Jeffrey R. Smith, Clerk of WASTE DISPOSAL DISTRICTeZo�`'�y ` °��F�•• the Court and Comptroller By: I Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney puty Clerk Indian River County Administrator / 6y: 9 Jason E. Brown IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set forth above. MWI CORPORATION Florida for profit corporation Marc Boudet, Vice President f-' STATE OF If% 11. COUNTY OF Vek-, The foregoing instrument was acknowledged before me, by means of p physical presence 3r 0 online notarization, this 2 (" day of December, 2021 by [ t �--,, i c c F the V" t of MWI CORPORATION, a Florida corporation, on behalf of the corporation, who is U personally known or [ produced identification in the form of pve.. JASON A. BEAL NOTARY PUBLIC ` Notary Public - State of Florida a" a: Commission n HH 012213 r.: My Comm. Expires Oct i 1, 2024 Bonded through National Notary Assn. prin— tte�me: NOTARIAL SEAL: Commission No. Commission expiration: Sketch and Legal Description for. EXHIBIT °A° INDIAN RIVER COUNTY Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LAND ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1087, PAGE 1616, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 334.55 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO SAID LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, LESS AND EXCEPT THE NORTH 30-00 FEET THEREOF. . SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS. DRAINAGE AND UTILITIES OVER THE WEST 20.0 FEET THEREOF. CONTAINING 435,600 SQUARE FEET, (10.00 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC., PROJECT NO. 01-5805, DATED AUGUST 15. 2001. 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 DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE ASSUMED AND ARE REFERENCED TO THE SOUTH RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT C-4 CANAL, SAID LINE BEARS NORTH 89°39'30" WEST AND ALL OTHERS ARE RELATIVE THERETO. 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 Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY'DIRECTION AND SAID LR.F.W.C.D. =INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEET8,t1HE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLO 1DiiADMINIS'T� TIVE CODE, PUBS ANT O SECTION 472.027 FLORIDA STATE STA TE °. DAT OF i � NATURE PROFESSIONAL SUiRVE ND MAPPER FLORIDA CERTIFICATE NO. 4863 This is not a Boundary Survey ENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. TE: IDRAWN BY: 27/2021 � R. INGLETT D. SCHRYVER IRC -2021-003 Sketch r • Legal Description • IINIDIAN RIVER Sketch and Legal Description for: INDIAN RIVER COUNTY Oslo Road (9th Street S.W.) NORTH LINE TRACT 3 I.R.F.W.C.D. LATEI 30' LATERAL C-4 CANAL RIGHT OF WAY 1V Last General Plat of Lands of the Indian River Farms Company (P.B.S. 2, PAGE 25) ------ -- --- WEST 1/2 TRACT 3 v -EAST 1/2 IRC SOLID WASTE DISPOSAL 9th STREET ' O.R.B. 1087, PC 1616 33-38-25-00001-0030-00002.0 IRC SOLID WASTE DISPOSAL 9th STREET O O.R.B. 1086, PC 2596 W Z J I- U) Q W SOUTH LINE OF TRACT 3 NORTH UNE OF TRACT 6 WEST 1/2 TRACT 6 20' WIDE V+ INGRESS -EGRESS DRAINAGE AND UTIU EASEMENT M D EAST ,- - 334.55' - - rn Jo M f M D C NTAINING/ w /10 ACRES± 3 �' �2 03 r 0 �/0 BRACT 3- EAST 1/2 TRACT 6 ROAD AND LATERAL C-6 CANAL RIGHT OF WAY This is not a Boundary Survey 13th Street S.W. S89 E (BEARING BASE} WEST 1/2 OF THE WEST 1/2 TRACT 2 33-38-25-00001-0020-00002.0 MMA CORPORATION 7775 9th STREET O.R.B. 3112, PC 2276 SOUTH LINE OF TRACT 2 NORTH LINE OF TRACT 7 WEST 1/2 OF THE WEST 1/2 TRACT 7 33-38-25-00001-0070-00001.0 IRC SOLID WASTE DISPOSAL 13th STREET O.R.B. 1454, PC 2697 AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description DATE: DRAWN BY: 12/27/2021 R. INGLETT - tf�o r. SCALE: APPROVED APPROVED BY: D SCHRYVER INDIAN RIVER COUNTY EET: OB NO: 2 OF 2 IRC-2021— Sketch and Legal Description for. EXHIBIT "A" INDIAN RIVER COUNTY Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LAND ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1087, PAGE 1616, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA . SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 334.55 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO SAID LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY. LESS AND EXCEPT THE NORTH 30.00 FEET THEREOF. , SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES OVER THE WEST 20.0 FEET THEREOF. CONTAINING 435,600 SQUARE FEET, (10.00 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC., PROJECT NO. 01-5805, DATED AUGUST 15, 2001. 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 DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE ASSUMED AND ARE REFERENCED TO THE SOUTH RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT C-4 CANAL, SAID UNE BEARS NORTH 89°39'30" WEST AND ALL OTHERS ARE RELATIVE THERETO. AGENCY: INDIAN RIVER COUNTY, FL PUBUC WORKS DI DATE: DRAWN 12/27/2021 SCALE: APPROVI N/A SHEET: JOB NO: 1 OF 2 R. INGLETT D. SCHRYVER IRC -2021-003 LegalSketch and • • 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 DESCRIPTI06OF THE�PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY'UIRECTION AND SAID Legend and Abbreviations SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND I.R.F.1N.C.D. _INDIAN RIVER FARMS BELIEF. WATER CONTROL DISTRICT 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 FLORIOAADh41NlS�T� TIVE CODE, PUBS ANTS O SECTION 472.027 FLORIDA STATE STA TE '. DAT OF I ,NATURE fl, R ._ PROFESSIONAL SURVEY ND MAPPER FLORIDA CERTIFICATE NO. 4863 This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBUC WORKS DI DATE: DRAWN 12/27/2021 SCALE: APPROVI N/A SHEET: JOB NO: 1 OF 2 R. INGLETT D. SCHRYVER IRC -2021-003 LegalSketch and • • Sketch : • Legal Description for INDIAN RIVER COUNTY Oslo -..(9th Street S.W.) NORTH 30' LATERAL C-4 S89°3930E - 334.55' CANAL RIGHT OF WAY ty I r z M, 20WIDE w INGRESS -EGRESS Not t0 Scale DRAINAGE AND UTIU Last Genera! Plat of Lands of the EASEMENT Indian River Farms Company ,/,�� (P.B.S. 2, PAGE 25) EAST r 334.55' - - m O r2 O D 1 CONTAINING I M 10 ACRES± ~' --------- ---- WEST 1/2 TRACT 3 o 0 0 � z o � ---EAST 1/2 TRACT 3- - - - IN 133-38-25-00001-0030-owoi.0 IRC SOLID WASTE DISPOSAL 9th STREET O.R.B. 1087, PC 1616 33-38--25-00001-6030-000020 IRC SOLID WASTE DISPOSAL. i_ 9th STREET p O.R.B. 1086, PC 2596 w z J F— Q tii SOUTH UNE OF TRACT 3 N89°40'36"W 334.55 NORTH UNE OF TRACT 6 WEST 1/2 TRACT 6 EAST 1/2 TRACT 6 _T 0 ROAD AND LATERAL. C-6 `�� CANAL RIGHT OF WAY -_ - _11k� This is not a Boundary Survey AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DATE: DRAWN BY: n � usn� V—p I.ANf 13th Street S.W. 12/27/2021 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: JOB NO: 2 OF 2 IRC -2021-003 S89'39'30"E (BEARING RTA 'F WEST 1/2 OF THE WEST 1/2 TRACT 2 33-38-25-00001-0020-00002.0 MMA OORPORATION 7775 9th STREET O.R.B. 3112, PC 2276 ?UTH LINE OF TRACT 2 NORTH LINE OF TRACT 7 WEST 1/2 OF THE WEST 1/2 TRACT 7 33-36-25-00001-0070-000O1.o IRC SOLID WASTE DISPOSAL 13th STREET O.R.B. 1454, PC 2697 Sketch i Legal Description i A TRUE COPY CERTIFICATION ON LAST PAGE Parcel #31-38-28-00004-0150-00003.0 This document was prepared J.R. SMITH, CLERK by and should be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 3850 20M St., Suite 4 Vero Beach, FL 32960 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 29th day of December, 2021, by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, an dependent special district of Indian River County, Florida, party of the first part, whose address is 1801 27th Street, Vero Beach, Florida 32960, and MWI CORPORATION, a Florida corporation, whose address is 33 NW 2nd Street, Deerfield Beach, Florida 33441, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of Ten Dollars 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 lands lying and being in Indian River County, Florida: SEE EXHIBIT "A" 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: Jeffrey R. Smith, Clerk of Court and Comptroller Oeputy Clerk Approved as to form and legal uffici 'A� Susan J. ra o Assistant County Attorney INDIAN RIVER COUNTY SOL•'fIJ`, %^✓F��;�, WASTE DISPOSAL DISTRI(ft ( �=•yo%. � :oma: �ay9, �l�,i��' •pQ':�• By J2�� iyFR COUt�� �'• Peter D. O'Bryan, Chaidnan Indian River County Administrator B Y_ Jason E. Brown F:\Community Development\C13B02008 NSRHousing Sales\I-IOUSING UNITS\Pending\8755 105th CMeed\42079614, deed. doc Exhibit A Legal Description A parcel of land being a portion of Tract 3, Section 25, Township 33 South, Range 38 East, Indian River County Florida, according to the last general plat of lands of The Indian River Farms Company, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida. Said land now lying and being in Indian River County, Florida. Said land also being a portion of those lands as described in Official Records Book 1087, Page 1616, Public Records of Indian River County, Florida. Said parcel being more particularly described as follows: The East 334.55 feet of the East 112 of Tract 3, Section 25, Township 33 South, Range 38 East, according to said last general plat of lands of the Indian River Farm Company. LESS AND EXCEPT the North 30.0 Feet thereof. SUBJECT TO: An easement for ingress and egress, drainage and utilities over the West 20.0 Feet thereof. Y!11 'JF FLOR10h 401f,I. hlVFFi COUNTY HIS IS IO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY C>F THE ORIGMNAL ON FILE IN THIS OFFICE n - JEFFREY R. SMIT K `�Q,C. OATS o�- Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Board of County Commissioners FROM: Jason E. Brown, County Administrator DATE: December 21, 2021 SUBJECT: County Administrator Out of Office I will be out of the office beginning Thursday December 23, 2021 and plan to return to the office on Monday, January 3, 2022. Michael C. Zito, Assistant County Administrator, will be authorized to sign on behalf of the County Administrator as needed. If Mr. Zito is not available, Tad Stone is authorized to sign on behalf of the County Administrator. Cc: Finance Department Dylan Reingold Department Heads A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the _L_ day of November, 2021, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, whose address is 1801 27th Street, Vero Beach, FL 32960 ("District"), and MWI Corporation, a Florida for profit corporation, whose address is 33 NW 2"d Street, Deerfield Beach, FL 33441 ("MWI"). WHEREAS, the District owns a 39.75 -acre parcel of unproved land located on 9th Street SW, Vero Beach, FL 32967 on the south side of 9th Street SW and to the north of 13th Street SW as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the parcel is z( A IG, General Industrial, and lies inside of the Urban Services Boundary; and WHEREAS, MWI owns a parcel of property at 7775 9th Street SW, Vero Beach, FL which lies adjacent to the east of the District's 39.75 -acre parcel; and WHEREAS, MWI uses the 7775 9th Street SW location for operating their business of building, refurbishing and repairing large pumps and water control devices; and WHEREAS, MWI seeks to expand their location on 9th Street SW as MWI has seen an increase in demand for their equipment in Indian River and surrounding counties; and WHEREAS, in order to support the economic growth of Indian River County and encourage expansion of small local businesses, the District is willing to sell MWI 10 acres of the 39.75 -acre tract that lies adjacent to MWI's existing operation, as depicted on the sketch and legal description attached as Exhibit "B", herein after referred to as the "Property"; and WHEREAS, MWI consents to have certain deed restrictions placed on the Property. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell The District hereby agrees to sell to MWI, and the MWI hereby agrees to purchase from the District, upon the terms and conditions set forth in this Agreement, the 10.0 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date The purchase price (the "Purchase Price") for the Property shall be FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00). The A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the District approves the execution of this Agreement by the Indian River County Solid Waste Disposal District at a formal meeting of such District. 3. Title to the Property. The District shall convey marketable title to the Property by county deed free of claims, liens, easements and encumbrances of record or known to the District; but subject to property taxes for the year of Closing and subject to 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 MWI's intended use and development of the Property. 4.0 MWI may order an Ownership and Encumbrance Report with respect to the Property. MWI shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to the District of title defects. Title shall be deemed acceptable to MWI if (a) MWI fails to deliver notice of defects within the time specified, or (b) MWI delivers notice and the District cures the defects within thirty (30) days from receipt of notice from MWI of title defects ("Curative Period"). The District shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, MWI shall have thirty (30) days from the end of the Curative Period to elect, by written notice to the District, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 5. Representations of The District 5.1 The District 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. 5.2 From and after the Effective Date of this Agreement, the District 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 MWI. 5.3 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. 6. Default. 6.1 In the event the District shall fail to perform any of its obligations hereunder, MWI shall be entitled to: (i) terminate this Agreement by written notice delivered to the District at or prior to the Closing Date, and pursue all remedies available 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK hereunder and under applicable law; (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive The District's default and proceed to Closing. 6.2 In the event of a default by MWI, the District shall be entitled, as its sole remedy hereunder, to terminate this Agreement. The District shall have no claim for specific performance, damages or otherwise against MWI. 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The District shall execute and deliver to MWI a county deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraphs 3 and 4 respectively. (b) The District shall have removed all of its personal property and equipment from the Property and shall deliver possession of the Property to MWI vacant and in the same or better condition that existed at the Effective Date hereof. (c) If the District is obligated to discharge any encumbrances at or prior to Closing and fails to do so, MWI may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The District shall deliver to MWI an affidavit, in form acceptable to MWI, certifying that The District is not a non-resident alien or foreign entity, such that The District and such interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The District and MWI shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses. MWI shall be responsible for preparation of all Closing documents. MWI shall pay the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by MWI. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, MWI shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of 3 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, MWI shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 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 District and MWI 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. 9.3 Assignment and Binding Effect. Neither MWI nor the District 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. 9.4 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 MWI: MWI Corporation 33 NW 2nd Street Deerfield Beach, FL 33441 Attn: Marc Boudet If to the District: Indian River County Solid Waste Disposal District 1801 27th Street Vero Beach, FL 32960 Attn: Utilities Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 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 I`d A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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. 9.6 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. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. District Approval Required: This Agreement is subject to approval by the Indian River County Solid Waste Disposal District as set forth in paragraph 2. 9.9 Deed Restrictions. The following deed restrictions shall be recorded against the property prior to recording the County Deed to MWI: A) For a period of ten (10) years following the execution of this document, the Property shall not be sold to any other party without the consent of the Indian River County Solid Waste Disposal District. B) For a period of ten (10) years following the execution of this document, the District shall have a right of first refusal to purchase the property back from MWI at the Purchase Price paid by MWI on the date of the sale of the Property. C) For a period of ten (10) years following the execution of this document, MWI covenants that it will occupy and use the Property for building and repairing pumps and for the day to day operations of MWI, and for no other purposes. D) For a period of ten (10) years following the execution of this document, MWI shall not unify the title to the Property with any other property owned by MWI without consent of the District. SIGNATURES ON THE FOLLOWING PAGE A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. MWI CORPORATION Florida for profit corporation Marc Boudet, Vice President Date Signed: // - / --�" ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller By: - -64y 01/) epu y ClerV Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 52 -01 -VE R124 2 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT in ~�o����Y+F10R1DF. Date Signed: November 9, 2021 Indian River County Administrator "A"EXHIBIT_ .,� COrY 11 7RTIFICATION ON LAST FAGS Indian River County, FL J.R. SMUH, CLERK Overview Parcel ID 33382500001003000001.0 Prop ID 64536 Owner IRC SOLID WASTE Sec/Twp/Rng 25-33-38 Class 8600- County Address DISPOSAL DIST Property 9TH STSW Foreclosed/Owned C/O UTILITIES DEPT Address VERO BEACH Acreage 39.75 180127TH ST Warranty U VERO BEACH, FL Plat Book Link 32960 District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description INDIAN RIVER FARMS CO SUBE 1/2 OF TR ACTS 3 & 6 PBS 2-25 (Note: Not to be used on legal documents) Date created: 11/1/2021 Last Data Uploaded: 11/1/20212:46:36 PM Developed by Legend ❑ Parcels Street Centerlines - ; Subdivisions i Municipal Boundaries 2 j IRC Private Schoo Government Facilities i� FEDERAL GOVERNMENT u COUNTY GOVERNMENT • LOCAL GOVERNMENT t SCHOOL © HOSPITAL FIRESTATION LAW ENFORCEMENT ♦ STATE PARK COUNTY PARK • CIN PARK • BOATRAMP • CANOELAUNCH • CANOE LANDING Golf Courses 09 Water Last 2 Sales Date Price Instr Qual Type 1/1/1996 $100 Warranty U Deed 12/1/1982 $100 Warranty U Deed Plat Book Link E Y X 11 1 g ON ON LAST PAGE H I CLERK BI T Indian River County, FL Overview Legend ❑ Parcels Street Centerlines Subdivisions i Municipal Boundaries 2 IRC Private Sd-.00 Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT • LOCAL GOVERNMENT SCHOOL © HOSPITAL FIRESTATION LAW ENFORCEMENT STATE PARK COUNTY PARK ' CITYPARK BOAT RAMP • CANOELAUNCH • CANOE LANDING Golf Courses Water Parcel ID 33382500001002000002.0 Prop ID 64532 Owner MWICORPORATION Last 2Sales Sec/Twp/Rng 25-33-38 Class 4800- Address 33 NW 2ND ST Date Price Instr Qual Property 77759TH ST SW Warehousing DEERFIELDBEACH, FL Type Address VERO BEACH Acreage 12A5 33441 3/19/2018 $916000 County Q Deed 3/19/2018 $916000 County Q Deed Plat Book Link. District 7- COUNTY- NO SEBASTIAN INLET Brief Tax Description INDIAN RIVER FARMS COMPANY S/D PBS 2- 25 SEC 25TWP 33 RNG 38 TR 2THEW 10 AC LESS AND EXCEPTSUB- LATERAL C-4 TOGETHER WITH THAT POR IN TR 7 DESC AS BEING THE N 300 FT OF THE W HALF OF THEW HALF OF TR 7 (Note: Not to be used on legal documents) Date create& =26/=l H B T A I NUE UUf Y CERTIFICATION ON LAST PAGE hand Legal Description for: H I, DIAN RIVER COUNTY Leqal DesCdDfiOn A PARCEL OF LAND BEING A PORTION OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA SAID LAND ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1087, PAGE 1616, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 334.55 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO SAID LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY. LESS AND EXCEPT THE NORTH 30.OEET THEREOF, SUBJECT TO: AN EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES OVER THE WEST 20.0 FEET THEREOF. CONTAINING 435,600 SQUARE FEET, (10.00 ACRES) MORE OR LESS Surveyor's Notes 1), THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC., PROJECT NO. 01-580S, DATED AUGUST 15, 2001. 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 DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE ASSUMED AND ARE REFERENCED TO THE SOUTH RIGHT OF WAY LINE OF THE INDIAN a RIVER FARMS WATER CONTROL DISTRICT C-4 CANAL, SAID LINE BEARS NORTH 89°3930" WEST AND ALL OTHERS ARE RELATIVE THERETO. c Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL y RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY d Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID I.R.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT 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 FL A ADMINIS T_IVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST�j i E DATE OF SIGNATURE AVID S R 3 PROFESSIONAL SURV D MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO. 4863 $ AGENCY: 7 INDIAN RIVER COUNTY, FL PUBUC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description DATE: DRAWN BY: 05/17/2021 R. INGLETT for: SCALE: APPROVED BY: 3 N/A D. SCHRYVER INDIAN RIVER COUNTY Y a SHEET: JOB NO: 1 OF 2 IRC -2021-003 A TRUE COPY CERTIFICATION ON LAST r,` - --- — — J.R —SWTK CLERK --- Sketch and Legal Description for: INDIAN RIVER COUNTY Oslo Road (9th Street S.W.) L-30' LATERAL C-4 S8 :3 'SOr - 334.55' S89'39'30'E (BEARING BASE) CANAL RIGHT OF WAY I � Z I � 20' MADEIN�+ Not to Scale RAIN ED�unu Last General Plat of Lands of the EAT Indian River Farms Company / (P.B.S. Z PAGE 25) - 334.55' z iv m o /t2 0 I TAINING/ I ro 10' ; 00 WEST 1/2 TRACT 3 ro g o WEST 1/2 OF 1HE WEST 1/2 TRACT 2 ------------ EAST 1/2 TRACT 3 - - - N�I 133-38-25-00001-0030-OOOM.O IRC Sam WASW DISPOSAL M s11wr I UQR& 1067, PG 1616 33 -35 - we 00OL0 &-M-. _OOw_OO2O_OQO=0 S 4I IX2 INS. Pc 2W W 7r&�s�ft S r SOUTH LINE OF TRACT 3 89'40'36'W- 334.55 SOUTH UNE OF TRACT 2 NORTH UNE OF TRACT 6 NORTH UNE OF TRACT 7 WEST 1/2 OF THE WEST 1/2 TRACT 8WEST EAST 1/2 TRACT 6 1/2 TRACT 7 t j • 35-38-2s-aoom-aom-000m.0 r1c sow rr�stE asPOSK - 0' ROAD AND LATERAL C-6 CANAL RIGHT OF WAY 13th STREET a OJM 1484, PO 2W7 E _ _ I.R.F.W.C.D. LATERAL C-6 CANAL 1 _ This is not a Boundary Survey 13th Street S.W. AGENCY: s INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. Sketch and Legal Description for: DATE; 05/17/2021 DRAWN BY: R. iNGLETT SCALE:APPROVED A BY: D. SCH RYVER INDIAN RIVER COUNTY SHEET: OB N0: 2 OF 2 F IC(r_7nI311 _nn= A TRUE COPY CERTIFICATION ON LAST PAGE J.R. W111-1-1, CLERK OE Manufactures, Rental and Repair Moving Water Worldwide - Reliably and Efficiently The Power to Move WaterT" Eatabllahed 1916 July 19, 2021 RE: 10 -acre parcel adjacent to MWI's existing SW9th Ave Property Jason E. Brown County Administrator Indian River County 180127th Street Vero Beach, FL 32960 Dear Jason, MWI is requesting to purchase 10 acers adjacent to our existing property located at 7577 SW 9th Ave in Indian River County. MWI's intention is to expand our facility and will require these 10 acres to make this come to fruition. The 10 acres will allow us to: I. Add 15-20,000 square foot manufacturing and office space for our ever-expanding rental division 2. Add 15-25 new jobs 3. Re -locate equipment and accessories from other MWI locations to this new parcel 4. Allows for future expansion as the need arises S. MWI can increase its manufacturing space on its existing property and add more jobs to our Line Shaft and Repair Division. We are looking forward to expanding our Indian River County footprint. This of course will bring more revenue into the County along with job growth. Lastly, MWI will offer $450,000 for this additional property and look forward to your favorable consideration. Sincerely, ---)I ?A,,,_ - - Marc Boudet Vice -President Sales and Administration MWI Pumps 33 N.W. 2nd Street, Deerfield Beach, FL 33441 1 phone: (954) 426-1500 1 fax: (954) 426-8938 1 www.mwipumps.com A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SI'TIl-H, CLERK INDIAN RIVER COUNTY TREE REMOVAL APPLICATION Date Application Received: PROJECT NAME & NUMBER: MWI Corp - Utility Connections (AA -20-11-117/87750) GENERAL INFORMATION A. Applicant/Agent Name: MWI Corporation c/o Marc Boudet Address: 33 NW 2nd Street Deerfield Beach, FL 33441 Phone: 772-770-0004 F_mail. marcb@mwipumps.com B. Location where the proposed activity will occur: Tax Parcel ID #(s): 333825000010020000002.0/2.1/2.2 Street Address: 7775 9th Street SW 2. TREE REMOVAL INFORMATION A. Criteria for removal [check appropriate reason(s)] The tree(s) is/are located within the net buildable area of a given site; as identified on the tree survey site plan by the applicant; The tree(s) is/are located within an existing or proposed right-of-way; The tree(s) is/are located within an existing or proposed easements, stormwater tract or facility provided that only the minimum area reasonably necessary for the contemplated service or use shall be considered under this criteria; The tree(s) is/are located where continued existence would unreasonably interfere with the physical construction of the improvements on a particular site as may result from interference with access to the site by construction equipment on the site in the immediate vicinity of the proposed structure or improvements; The trees) is/are located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes; X The tree(s) is/are located where there is interference with the installation, delivery, or maintenance of proposed or existing utility services to the site; The tree(s) is/are diseased, injured, or in danger of falling; The tree is located on a portion of the site outside of the net buildable area but within that portion of the site to be used for construction of required parking areas or vehicular and pedestrian ingress and egress areas; provided that, when this criteria is used to justify removal of a tree or trees located outside of the gross buildable area, the applicant shall replace any such tree or trees with an equal number of trees of similar ecological or aesthetic value, as can be demonstrated by the applicant that the remaining site cannot be designed to accommodate and sustain the substituted tree or trees. All replacement trees shall be of a minimum two (2) inches DBH. B. Number of trees which are to be directly affected by removal, including type of species and size measured in diameter at breast height (dbh): SPECIESZSI E (dbh) NUMBER OF TREES Cabbage Palm 12", 20" 2 1801 27th Street, Vero Beach, FL 32960 F:\Community Development\APPLICATIONS\Env. Planning applications\TREE REMOVAL APP updated March 201 7.doc Page I of 4 STATE OF FLORIDA INDIAN RIV COUNTY THIS IS T TIFY THAT THIS IS TRUE AND CORRECT COPY ORIGINAL ONFILEI THISOFFICE. BY 7 D.C. C. Person or Company to be responsible for tree removal: DATE Name: MWI Corporation Address: 33 NW 2nd Street Deerfield Beach, FL 33441 Phone: 772-770-0004 Email: marcb@mwipuml2s.com D. Method of debris removal (check appropriate method] X _ Debris to be removed to approved disposal facility. Debris to be burned with an air curtain incinerator in accordance with an Indian River Environmental Health Department permit. E. Date the removal is proposed to begin: Upon Approval (Est. Nov 2020) Date the removal is proposed to be complete: Nov. 2020 THE APPLICATION MUST BE SIGNED BY THE PERSON WHO DESIRES TO UNDERTAKE THE PROPOSED ACTIVITY, HOWEVER, THE APPLICATION MAY BE SIGNED BY A DULY AUTHORIZED AGENT IF ACCOMPANIED BY A STATEMENT BY THAT PERSON DESIGNATING THE AGENT AND AGREEING TO FURNISH UPON REQUEST, SUPPLEMENT INFORMATION IN SUPPORT OF THE APPLICATION. I, the undersigned, do hereby certify that I am familiar with Chapter 927 (Tree Protection and Land Clearing) of the Land Development Regulations of Indian River County and that the information contained within this application, to the best of my knowledge and belief, is true complete and accurate. I agree to provide any additional information/data that may be necessary to fully process this application. I also agree to provide entry to the project site for inspectors from the Indian River County Planning and Development Division of an authorized agent for Indian River County Planning and Development Division for the purposed of allowing preliminary analysis of the site and for any subsequent monitoring of the project as may be required. I further certify that I possess the authority to undertake the proposed activities. Signature of Applicant Date The following information is required for application completeness. Please check that the attachments are submitted to ensure prompt processing of your application. x Location Map x Tree Survey and/or Aerial Required Information is included with AA submittal. x Deed of Ownership TREE REMOVAL PERMIT FEE (cash, or check payable to "Indian River County'q: • INDIVIDUAL SINGLE-FAMILY LOT OR PARCEL: $50.00 • SITE PLAN, SUBDIVISION (INCLUDING AFFIDAVIT OF EXEMPTION), OR PLANNED DEVELOPMENT PROJECT: $200.00 *** PLEASE BE ADVISED THAT THERE IS A 3-4 WEEK PROCESSING TIME ON ALL TREE REMOVAL PERMITS*** OFFICE USE Application Complete: Date Initials 1801 27th Street, Vero Beach, FL 32960 F:\Community Development\APPLICATIONS\Env, Planning applications\TREE REMOVAL APP updated March 2017.doc Page 2 of 4 A TRUE COPY CERTIFICATION ON LASTPAGE J R. SMITH, CLERK AGREEMENT FOR DEED RESTRICTIONS ON REAL ESTATE THIS AGREEMENT for Deed Restrictions on Real Estate is entered into as of the _ day of December, 2021, by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, whose address is 1801 27th Street, Vero Beach, FL 32960 ("District"), and MWI Corporation, a Florida for profit corporation, whose address is 33 NW 2nd Street, Deerfield Beach, FL 33441 ("MWI"). WHEREAS, the District owns a ten -acre parcel of unproved land located on 9th Street SW, Vero Beach, FL 32967 on the south side of 9th Street SW and to the north of 13th Street SW; and WHEREAS, MWI owns a parcel of property at 7775 9th Street SW, Vero Beach, FL which lies adjacent to the east of the District's ten -acre parcel; and WHEREAS, MWI uses the 7775 9th Street SW location for operating their business of building, refurbishing and repairing large pumps and water control devices; and WHEREAS, in order to support the economic growth of Indian River County and encourage expansion of small local businesses, the District has agreed to sell MWI 10 acres of land that lies adjacent to MWI's existing operation, as depicted on the sketch and legal description attached as Exhibit "A", herein after referred to as the "Property"; and WHEREAS, MWI consents to have the following deed restrictions placed on the Property. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Deed Restrictions. The following deed restrictions shall be placed against the Property, more specifically described in Exhibit "A" attached and incorporated by reference herein, prior to recording the County Deed to MWI: A) For a period of ten (10) years following the execution of this document, the Property shall not be sold to any other party without the consent of the Indian River County Solid Waste Disposal District. B) For a period of ten (10) years following the execution of this document, the District shall have a right of first refusal to purchase the property back from MWI at the Purchase Price paid by MWI on the date of the sale of the Property. C) For a period of ten (10) years following the execution of this document, MWI covenants that it will occupy and use the Property for building and repairing pumps and for the day to day operations of MWI, and for no other purposes. D) For a period of ten (10) years following the execution of this document, MWI shall not unify the title to the Property with any other property owned by MWI without consent of the District. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set forth above. INDIAN RIVER COUNTY SOLID y'�oti�M�ss�.ATTEST: Jeffrey R. Smith, Clerk of WASTE DISPOSAL DISTRICT: oJ�'� • ;'rF ; the Court and Comptroller RA- By: By: Peter D. O'Bryan, Chairman puty Clerk Approved as to form and Indian River County Administrator legal sufficiency: William K. DeBraal Deputy County Attorney By: 4Jo g4 •�� Jason E. Brown IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set forth above. MWI CORPORATION Florida for profit corporation By: Marc Boudet, Vice President STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of December, 2021 by the of MWI CORPORATION, a Florida corporation, on behalf of the corporation, who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC printed name: NOTARIAL SEAL: Commission No. Commission expiration: Sketch and Legal Description fon RUE COPY ERTIFICATION ON LASTPAGE INDIAN RIVER COUNTY J.R. SMITH, CLERK Legal Description A PARCEL OF LAND BEING A PORTION OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY, FLORIDA, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID LAND ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 1087, PAGE 1616, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 334.55 FEET OF THE EAST ONE-HALF (1/2) OF TRACT 3, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO SAID LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY. LESS AND EXCEPT THE NORTH 30.OEET THEREOF, SU BJECT TO: AN EASEMENT FOR INGRESS, EGRESS, DRAINAGE AND UTILITIES OVER THE WEST 20.0 FEET THEREOF. CONTAINING 435,600 SQUARE FEET, (10.00 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY CARTER ASSOCIATES, INC., PROJECT NO. 01-5803, DATED AUGUST 15, 2001. 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 DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE ASSUMED AND ARE REFERENCED TO THE SOUTH RIGHT OF WAY LINE OF THE INDIAN RIVER FARMS WATER CONTROL DISTRICT C4 CANAL, SAID LINE BEARS NORTH 89°39'30" WEST AND ALL OTHERS ARE RELATIVE THERETO. 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 Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID LR.F.W.C.D. = INDIAN RIVER FARMS SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND WATER CONTROL DISTRICT 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 FL^A ADMINISTAATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE ST TE ), DATE OF SIGNATURE AVID S R PROFESSIONAL SURVE NO MAPPER This is not a Boundary Survev FLORIDA CERTIFICATE NO. 4863 AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 05/17/2021 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: r OB NO: 1 OF 2 IRC -2021-003 Sketch and Legal Description for: INDIAN RIVER COUNTY Sketch and Legal Description for: INDIAN RIVER COUNTY Oslo Road (9th Street S.W.) NORTH UNE TRACT 3 I.R.F.W.C.D. LATERAL C-4 CANAL L30' LATERAL C-4 S89'39'30'E - 334.55' S89'39 CANAL RIGHT OF WAY ��"'��' � N I Not to Scale Last General Plat of Lands of the Indian River Farms Company (P.B.S. 2, PAGE 25) ------ --- ------ WEST 1/2 TRACT 3 U ca -----------EAST 1/2 1 33-36-25-00001-0030-00001.0 \I IRC SOUD WASTE DISPOSAL 9th STREET ORB. 1087, PG 1616 tn 33-38-25-000DI-0030-000020 IRC SOLID WASTE DISPOSAL 4 9th STREET O 0.8 6 1086. PG 2596 W Z J H (n Q W SOUTH LINE OF TRACT 3 NORTH LINE OF TRACT 6 �- 20' WIDE INGRESS -EGRESS AINAGE AND LITILI EASEMENT d M D EAST 334 55' - - - m jCOt1JTAINING� w /10' CRE t �' n/ ,a.r 00 V0 /0 ArT A- - - -- - WEST 1/2 TRACT 6 EAST 1/2 TRACT 6 — —�0' ROAD AND LATERAL C-6 CANAL RIGHT OF WAY I.R.F.W.C.D. LATERAL C-6CAN/ This is not Boundary Survey 13th Street S.W. AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 05/17/2021 R. INGLETT SCALE: APPROVED BY: N/A D. SCHRYVER SHEET: JOB NO: 2 OF 2 IRC -2021-003 i,\"t )F FLOHhii, riDIAN 4'VFR+'OUn11 'HIS IS TO CERTIFY THAt THIS IS A TRUE AND CORF 'OPY , F THE ORIGINAL ON FILE IN THIS OFFICE. JEFFAM.8MRH.CLERK BY GATE WEST 1/2 OF THE WEST 1/2 TRACT 2 33-38-25-D0001-0020-00002.0 WWI CORPORATION 7775 9th STREET O.R.B. 3112, PO 2276 NORTH LINE OF TRACT 7 WEST 1/2 OF THE WEST 1/2 TRACT 7 33-38-25-00001-0070-00001.0 IRC SOLID WASTE DISPOSAL 13th STREET O.R.B. 1454, PG 2697 Sketch and Legal Description for: INDIAN RIVER COUNTY A TRUE COPY Parcel #31-38-28-00004-0150-00003.0 "ERTIFICATION ON LAST PAGE This document was prepared i.R. SMITH, CLERK by and should be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 3850 20" St., Suite 4 Vero Beach, FL 32960 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this 29th day of December, 2021, by INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, an dependent special district of Indian River County, Florida, party of the first part, whose address is 1801 27th Street, Vero Beach, Florida 32960, and MWI CORPORATION, a Florida corporation, whose address is 33 NW 2nd Street, Deerfield Beach, Florida 33441, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of Ten Dollars 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 lands lying and being in Indian River County, Florida: SEE EXHIBIT "A" 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: Jeffrey R. Smith, Clerk of Court and Comptroller Approved as to form and legal uffici Susan J. a Assistant County Attorney INDIAN RIVER COUNTY SOL �' �✓F�' WASTE DISPOSAL DISTRIdt *; By•••9��F9 COUNT'•. Peter D. O'Bryan, Chaidnan Indian River County Administrator B aryC�G l� Y Jason E. Brown F:\Community Development\C13B02008 NSMousing Sales\HOUSING UNITS\Pending\8755 105th Ct\Deed\42079614.deed.doc Exhibit A Legal Description A parcel of land being a portion of Tract 3, Section 25, Township 33 South, Range 38 East, Indian River County Florida, according to the last general plat of lands of The Indian River Farms Company, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida. Said land now lying and being in Indian River County, Florida. Said land also being a portion of those lands as described in Official Records Book 1087, Page 1616, Public Records of Indian River County, Florida. Said parcel being more particularly described as follows: The East 334.55 feet of the East 1/2 of Tract 3, Section 25, Township 33 South, Range 38 East, according to said last general plat of lands of the Indian River Farm Company. LESS AND EXCEPT the North 30.0 Feet thereof. SUBJECT TO: An easement for ingress and egress, drainage and utilities over the West 20.0 Feet thereof. ^•"L' .JF FLORIUr, vGi;,ly rtlIVFR COUNTY HIS IS 10 CERTIFY THAT THIS IS A TRUEANDCORRECT :,OPY OF THE ORIGINAL ON FILE IN THIS OFFICE. JEFFREY R. SMIT K 8Y . *�.l.�i�►�4� DATE a H �LOR104' Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Board of County Commissioners FROM: Jason E. Brown, County Administrator DATE: December 21, 2021 SUBJECT: County Administrator Out of Office I will be out of the office beginning Thursday December 23, 2021 and plan to return to the office on Monday, January 3, 2022. Michael C. Zito, Assistant County Administrator, will be authorized to sign on behalf of the County Administrator as needed. If Mr. Zito is not available, Tad Stone is authorized to sign on behalf of the County Administrator. Cc: Finance Department Dylan Reingold Department Heads