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HomeMy WebLinkAbout1983-045RESOLUTION NO. 83-45 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIFIiAN OF THE BOARD TO EXECUTE A SALES AND PURCHASE AGREEMENT SELLING FIVE ACRES OF COUNTY LAND TO THE HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC.. WHEREAS, the Board of County Commissioners of Indian River County has received a request from the Humane Sociaty -f Vero Beach, Fl.orida, Inc, to purchase five (5) acres of County property along South Gifford Road to be used by the non-profit corporation for Humane Society purposes, and WHEREAS, Indian River County has determined that the proposed site is not needed for County purposes and can best be utilized by the Humane Society of Vero Beach, Florida, Inc. for purposes that are in the public's benefit, community interest and welfare, and WHEREAS, the terms of the agreement are set forth in the Sale and Purchase Agreement attached hr.reto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Commission finds and determines pursuant to Florida Statutes §125.38 that the uses intended to be estab- lished by the Humane Society of Vero Beach, Florida, Inc. are in the public's benefit, community interest and welfare, and 2. That the Chairman of the Board of County Commissioners and Clerk are authorized to execute the attached sales and purchase agreement, and the County Attorney is further authorized to take all necessary actions to close on the property and present deeds in accordance with the attached agreement for execution by the Chairman of the County Commission. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Scurlock and, upon being put to a vote, the vote was as follows: Chairman Richard N. Bird Aye Vice -Chairman Don C. Scurlock, Jr. Aye Commissioner Margaret C. Bowman Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye -1- I � i The Chairman thereupon declared the resolution duly passed and adopted this 15th day of June 1983. BOARD OF' COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA I BY ..... ,f RICHARD N. BIRD Chairman Attest'i\7/1'y/.t,� FREDA WRIGHT Clerk '� C APPROV6 , -.TO FORM.* AND SQ SQ I Y B&AR BRANDENB RAttor -2- CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY NOTE: THIS IS A LEGALLY BINDING CON'T'RACT, IF NOT FULLY UNDERSTOOD, SEEK LEGAL ADVICE, INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "Seller," and the HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., hereinafter called the "Buyer," hereby agree that the respective Seller shall sell and the Buyer shall buy from the Seller the following described property upon the terms and conditions hereinafter set forth, which shall include the standards for real estate transactions set forth as Exhibit "A" to this contract. 1. Legal description of real estate located in Indian River County, Florida; (a) An approximately 5 acre parcel of property located along South Gifford Road more particularly described as; North 660 feet of the East 10 acres of Tract 10, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of. the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; all being situated in Indian River County, Florida. 2. Purchase Price. Buyer shall pay to Seller at closing the sum of TEN THOUSAND DOLLARS ($10,000.00), or such greater or lesser amount as may be necessary to complete payment of the purchase price after credits, adjustments and prorations, said payment to be by cash or cashier's check at closing. 3. Time for Acceptance. If this contract is not executed by Seller and Buyer on or before June 30, 1983, then this agreement shall be null and void. The date of contract, for purpose of performance, shall be regarded as the date when the last one of the Seller and Buyer has signed this contract. 4. Closing Date. This contract shall be closed and the deed and possession shall be delivered on or before 30 days after satisfaction of the last contingency set forth in Paragraph 9 hereof. 5. Prorations. Taxes, rents and other expenses and revenue of said property shall be prorated as of the date of clos- ing. -1- 6. Evidence of Title. Within thirty (30) days from the date of execution of this agreement by both parties, the Seller at its expense, deliver to the Buyer in accordance with Standard A of Exhibit "A" hereof a title guaranty commitment. 7. Conveyance. Seller shall convey title to the afore- said Niupurty to buyer by statutory County deed provided for in Chapter 125. Florida Statute sub�ec top%Ovi ;ions contained herein and a proration of taxes. 8. Restrictions and Easements. The Buyer shall take title subject to (a) zoning and/or restrictions and prohibitions imposed by governmental authority. (b) restrictions and matters appearing on the plat and/or common to the subdivision. (c) public utility easements of record, provided said easements are located adjacent to the boundary lines of the property and are not more than ten (101) feet in width. 9. Special Clause. A. This contract is contingent upon the Buyer at their expense, satisfying the following contingencies within six (6) months; (1) Buyer obtaining site plan approval satisfactory to allow the project to proceed as planned by Buyer. (2) The testing and approval of the site by appli- cable governmental agencies. B. Seller shall construct a water line at its sole expense to bring a source of water to a point directly across the street from the subject property. (Buyer shall have the obligation to bring water under the road and pay all impact fees and charges normally charged by the County to private users of the system, i.e. the most favorable standard charges.) C. Right of First Refusal. This purchase agreement and subsequent deed shall be subject to the following right of first refusal; in the event the Humane Society ever desires to sell the property that is the subject of this contract, the County -2- shall have the right of first refusal to purchase the property for the sum of TEN THOUSAND DOLLARS ($10,000.00) plus the appraised value for all improvements situated on the property, excluding the fair market value of any improvements made upon the subject property to the extent such improvements were paid for by the County. D. Reverter Clause. This agreement and the deed given hereunder shall be subject to the following reverter provisions subject to paragraph 9.C.: (1) The property conveyed hereunder shall automatically revert to the ownership of Indian River County, a political subdivision of the State of Florida upon the happening of either of the following events; (a) Should the Humane Socie�y of Vero Beach, Florida, Inc., ever be dissolved under the laws of the State of Florida, or (b) Should the Humane Society of Vero Beach, Florida, Inc., accept a fee for medical services or boarding from an owner who has not relinquished ownership to the Society. This provision shall not apply to strays. E. Easements. Indian River County shall grant to Buyer easements for ingress and egress to the subject parcel provided such easements do not interfere with the reasonable use of the adjoining property by the County. 10. Assignability. This contract is not assignable. 11. Contract Recordable. The parties agree that this agreement may be recorded in the Public Records of Indian River County, Florida, at the expense of the recording party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, on the date set -3- 40 • 0f forth beneath their signatures. Dater ►ss 983 Witness Wit ss Date;;�'._5 BOARD OF COUNTY COM[ISSIONERS OF INDIAN RIVER �Y ., -� By. RICHARD ID, H rman.' Attest: FRE'DA WRT_ _ _ . _erk' WMANE SOCIETY OF VERO BEACH, FLORIDA, INC. By : CU kzc&4*L - CHRISTI FLST ER Pres id �` ATTEST: Secretary -4- sf,t ( EXIMIT "A" STANDARDS FAR REAL ESTATE TRANSAt riONS A. EVIDENCE OF TITLE: (1) A cnmptr'a alalrnct of title prepared by n reputable Attractfirm p.q."ting la be an sass .I. svnerrts of IM iraj'awn, •®ecling the Ulla to Chet reel proprry recanted m public r—rit. of that county In the dale of the, conlrecl, ahnwtng m the .ell- • marketat!le Apps in accordance with tit ard stsrd. adopted (mm ae, arto time by the Florida Iter, or the Iocd Bar Aseacatnn, ..Meet only to Inn, encumbrance. exceptions or quahti-trona -I forth in the. contr. and those which shell be discharged by teller at or before, closing, 121 a title Auamnlre rommdmenl notted by A qualified title insurer eRresmR to issue to the bb;ver. upon l "cited Ing of the deed to buyer, An owner guarantee -in. the amount of the purchase pare inturinf the title of the buyer to that red Nc property, subl on to lista, oncumbranea., exmephora or qualification set forth in this conlreM and throe, which shall be diKhorged by "list at or before closing. Buyer shall have 30 ..... days if abstract. or IS ..... days if title guarentse commitment, from the date of reviving the evidence of title to aurone mita. If title is fait to be defective, the buyer shall, wBhin said Period notify the aellrr in writing specifying the, deforls. if the mid defects natter the title. unmarketable, the seller she haw 120 ...... days from the receipt of such nptire Io cure the defects, anti shall use due diligence to do ao; hal if after said time has expired, said dofects ars n mated. Buyer, uprm request, shall have an adtifienal 120 .. (lava to rue sold defects• and the resounahle casts and fere incurred thereby shall be paid by sellar. Buyer dues not Nre said defects within said nddtlmnal time period• then buyer shall have the npUnn: (1) Accepting the title an it then is, or 12) demanding ■refund all issuance pad hematite which shell forthwith la returned 1, the buyer, end thereupon the buyer and eller shall be released .f ■II further obligations under this contra B. EXISTfNO %1ORTOAGES: The Seller shall obtain and famish a stalereent from the mortgeges setting forth the principal balance, method of psynAnt. later, rate, and whether the awrimene in in good ttandma. If there to a charge for the change of ownership recntxls by IM mortgagee, it .hall he home by the Buyer. In 11 event Itis tetortgeges does not Accept the Buyer for pui aen of iasumtnf the existing mr-laage enrumhsnnr th..••i• -_-. •• - -_.• „_,-- k;�e ;o - ........ .,... _ _ :?.e .ace,: .trvmms r . vt nce, than anti in trial event, 1n, Buyer m his option may cancel the contract and ell month paid on ,the purchase price shall be refunded to M and the parties shall he released from all further obligations. Any variance in the amount of a mortgage to be assumed from the ■m nasal stated in Chic Contract e'ie be added to or deducted from the cash payment or the purchase money mortgage. a Chi Buyer may elect C. FURCHASE MONEY MORTGAGES: Any purchase ninny no(a and mortgage shall follow the forme geincrally ampled and used In the county where rho Ian . Is treated. A purchase money, mortgage shall provide far insurance against lose by fire with extended coverage in an amnunt not lose than the full insurable vial. of the imptore,mma. In a first mortgnRe, the note and mortgage shell provide for acrelerslmn. at the nation of the holder, after thirty (do) days default end in n recon mortgage after IS . days del.utt. Second mortgages shall require the owner of (he pmmcty encumbered! by said marin,ee to lino all nnor Ilene and cncun broncee in good standing and forbul IM owner of the property from anepting modifimtiona of, or future odyn -es under. a prior mortgage. Buyer shall have the rig, to prepay all or any part of the principal at tiny time or times with Interest to data of payment without penally and said payments shall apply .faint the pnncip amounts Coat maturing. In the event Buyer execules a mortgage to one other than the Sellar, all cotta and cherRes incidental thereto shall be pad by the Buyer. D. SURVEY: The Buyer, within the time nllowe,11 for delivery of evidence of till. and ..amination thereof, may, have gild property eur.ccyed of his ..paw. if th eur.•ty shows any cncrofichmeol an aid property or that the imprnvementr intender) to be located on the subject property in fact encroach on the lands of others, . violate any of the, covenant. harem, the some shall be treated as a title defect, E. TERMITE. INSPECTION! Prior to closing, at Buyer's expense, the Buyer .hall have the right to have the Property lasp.rieu by a iivnaed exterminating con party to determine whether then is any active termer or wnmbdestruymg or ruci%m present in any Imleovemenla on said property. or any damage from pre termite or wood destroying organism to said improvements. If there is any such infestation or damage, the Seller shall Pace all costs of treatment and repue and/or replacing all portions of said improvements which are infested or have leen damalled; provided, however, in Che event the cast to be incurred is mora thn 'hies percent 13%) of the purchase Priv, then either !arty may cancel the contract within len 110) dare of receipt of the larmjte inspection report and cut scljme, for off -ting esters• _liana and mac -.nary repairs, by giving written notice to the other party, F. INSURANCE: The premium on any heurd incaurrncs policy in force covering improvementa on the subject property, shell be prorated between th- F -,iia or tedpolicy may be —[led a the Buyer may elect. If tva,me,a if to be prorated the Seller shall, on or before, cluing date, furnish to the Buyer all irri•irv„ Policia or copied thereof. O. LEASES: This Seller shall, prior to ebming. furnish the Buyer copies of all written Item and, if there ere any persons in possession without written loam, c.:toppv leftism from each tenni sperdying the nature and duration of aid tenant's "cupanry, rental rate, a Lance rrnte or security deposits paid by tenanL In the event Scllc is sable to obtain said estoppel tatters from favorite, the same infura atiun nay be famished by sell., to Buyer in tire form of a Sailor's Affidav!L H. MECHANICS LIENS: Seller atoll furnish to the buyer an afident that then have been no Impmvismannc to the suhjwt property for 90 days l rn:df:.!d Pre -din: the tete of ci-,nit. If the subject property has been impmvrl within 90 den inanadudidy precednig the cluing data, the "flat shall deliver relaaau at parrs CA all methea" time eeecsated by general contractors, subconlracbre, eupplirm or mattrialman and a seller's machannce lien affidnvit. L PLACE Or CLOSING: Qaairy shaft be hold at the oRlcer of the asllar s altemey, or as otherwise agreed upon. DOMMEWIT FOR CLOSING: Solic a P. -tier, olh:r in ­l l ,ler" d . p......_ Buyer's attorney shell prepare the purrha" mores note and mnrtgets. Captee of all sucb dueuateny absll W subostted to ties ell- "I"a Am issg N bas i E.:y prior to tlw closing date. Copies stall afro be fanahwl to Participating Brokers upon request K. EXPENSES: State surtax and docummtnry shimPs required on deed, rorts of rrvonding any cnrwl,ns inslmmrnls and the cwt of ectoretina the purche.s nnor mortgage shall be paid by the eller. 1). eneritary xamps to be nutted in the onto or note., xruml by the put, he" mosey rnongicae. intangible ta. on morig.g., srd it, coat of recording the dead shall he pad by the buyer. L. PRORATION OF TAXES !REAL AND PERSONAL)! Teen ahnll he pnnnled basted upon the current year'. Inw without regarrt to discount If the closing tack, place and the current year's lam are not fixed, anti ilia current year's eeersement is nvmhible, taxes will lie prnrriterl haul uper such aeeessment and the prior year coinage. If the current year's assessment is not available, then taxa wdl be Prorated on the prior year's at. provlderl, however, it there it cnmplelyd improvnuel of the subject promises by .pnnuary 1 of the year of closing, then the Wxes shall lie pnrrated t, the dnte of cl,wmg hated upon the prior year" mdl.A. and an qui W, assessment to be agreed upon between the parties. Inking Into consideration Heet-t-d Exrmpli-. of any. Ra,- or. troy tax proration bawl nn an estimate mc; the request of either party to the lraraaclron, be wbssq... fly radjuuad upon recsipt of to. bill, if a statement to that effect Is eel (urih ti, the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, comfirroed or ratified assessment liens as of the dale of closing fond not as of the dale of the contract) arc L. t paid by the seller. Pending liens as of the dote of dosing shall be assumed! by the buyer, pmvtded, however. that where the nmproyment hat born substantially m plated a of the dna of the mNract, such pending lien. shall be considered as nrli0rd, confirmed or ratified and the seller shall at closing be charged on amou equal to the lost estivate by the public body of the assessment for the improvement. N. PERSONAL PROPERTY: The Seller represent. and warrants that all major applioncea and machinry included in the sale shall be in good working order A repair " of the date of cloemg. Buyer may, at his sole -pens and on reasonable notice, inspect or cause an mapechon to lie made of the appliance and equilin. involved prior to closing. Any necessary rrpain shall lex, made ret the, coat u( the Seller rend. If appropriate, adequate fund$ shall he rsrrowed at time of clormp effect such Captain. Unless otherwise agreed by the parties, the Buyer shall, by proceeding to closing, be deemed to hnve Accepted the property as it. O. RISK OF LOSS: If this improvements Are damaged by fire or other casualty before delivery of the deed and can he rmlorod to substnntislly the "me conditi as now existing within a period of sixty (64) days !hereafter, Seller may reams the sem ern -in ale and the rlosivg date ..it dale of delivery of possession herembeh provided shell be extended accordingly. If " 'ler fads to do xis, the Buyer shall have the uption of (1) taking the property as is, to,irther with Insurance proceed., it at or (2) cenrelhng the contract and all depoe, will be forthwith returned to the Buyer and the partite shall he released of any (urlher liability hereunder. P. MAINTENANCE: Between the dale of the conlmre nod the dale of closing. the property, including lawn, shrubbery and pant, if any, !,half be maintain by the Seller in the condition as it existed at of the (lute u( the otar-1. ordinary wear anti tear e.cepird. Q. FRf3CEED3 :it' `!ALE AND CLOSING PROCEDURE: The 9-11- shill he .,.rnl•.I I„ r - e... the net pro, -N of the aide ret time of rlos,ng. except is sea• where mor ipurre requires title rfea-are leforr dtsbuning funds, to wh,rh a ant Seller eh.tl be rntld(.I lex p.ty.-I upon re .pl u( puma it : rnnrlxneee Paym-nt vh be orad. in the form of cash, rrohn,r', chuck, cerltlied check, attorney's trust account check, ur real -bate, broh-, tarsi auuunt h,,k All prufes$on.l .emce fees shall disbursed in full at the time of closing. R. ATTORNEY FEES AND COSTS: In connection with airy litigation arcing out of Chi. ronlraH. the Prevailing party shall lie entitled In recover all costs incurs including. reasonable attorney'. fes. S. DEFAULT- If Buyer fail. to pednrm any of the rave -N. of Chis ronlrarf, Al money Paid purtuant In this ronlc f by the Bever .hull he retained by or I the aaounl of the Seller as rolwdernhnn fur the ex,vult- a,( it,,, rontre 1, end -agreed ,aid L,P I.. r 1 .1.un.....+ . ,1 m full .enhunent of ,Janna I.., dunt,v , Inc It hat Seller fade to perform tiny of the rnvenania of Iles contract. all mnow paid Pur.u.ia, Co the. conm.,I by Ih,• Iluver..,, rah,• opmm of the Buyer, shall be rerun, to the Buyer on demand, or the Buyer shall hove unfy the right of ape fi, performance. T. CONTRACT NOT RECORDABLE: This rant met or any relerrnre thereto .hall nut be marded in the Ohne of the I Cork of any ('ire i Tamp rel the State of Fit— It. PERSONS BOUND: This mn(rect shall bind and 1,enefit the Parti- hereto, 11-i Leto, perio-1 reprytenat!vet, sn,-et rt and :nsrgns funfeer Provo. herein that that mnlract in not amAnnbfet. V. OTHER AGREEMENTS: No agreement, air rrp,r nla1ecn,. note.. in-,po-W in flit rnnUtirL Qrall lex• hlndmg even tiny of the Par let Tvfewntirn at h:u written pinvmmn. a-,tM In (hi. form air :u,arheA hereto at addendumx shall ,un,ml .,It pan, r,l prnvtsumt In ,nolhrl (here -11i The tovvn.,nit of the, contract sl survive delivery of the dead and puaes.t.n. W. MAKING TIME OF ESSENCE: Time red tv be made Ihs ettenre of this contract by value in writing t. the lust known addr-% of the other party or altormy, stipulating ■ reasonable time for further performance.