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HomeMy WebLinkAbout1999-186as s 0 AGREEMENT TO RELINQUISH OPTION RIGHT IN EXCHANGE FOR CONSERVATION EASEMENT THIS AGREEMENT is made and entered into as of this 13th day of July, 1999 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 25th Street, Vero Beach, Florida 32960 (County) and Thomas H. Collins and Gretchen P. Collins, whose mailing address is 9301 N. A -1-A, Suite 4, Vero Beach, Florida 32963 (Collins). WITNESSETH: WHEREAS, the County holds an option agreement for sale and purchase of certain real property situated in Indian River County, Florida as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof ("Property"); and WHEREAS, Collins has a back-up contract for sale on the property and would like to acquire the property to build a house and in consideration for the relinquishment of the option by the County grant the County a conservation easement over most of the property, NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter contained, and other good and valuable considerations, the parties hereto, each intending to be legally bound, do hereby warrant and agree as follows: The Purchase. lJUlll lly cfylCCs LV It11111111.11J11 all VI Its rlgllla llilV cl that certain option agreement for sale and purchase of the property dated April 15, 1999 between Daniel I. Preuss, Trustee, Barbara B. Lynch, Trustee and Wayne C. Sommers, and the County. Collins agrees to purchase the property under the back-up contract described above within 30 days of the effective date of this agreement. Consideration. Collins in consideration of the County's relinquishment of option rights agrees to deed to the County at closing a conservation easement in perpetuity over all the property as described in Exhibit "C" to this agreement. The form of said easement is as set forth in Exhibit "B" to this agreement. ee • • 3. Use of Remainder of Property. Collins further agrees that any use of the property outside of the conservation easement in Exhibit "C" shall be limited to a single family residence with air conditioned space 2,000 square feet or less. 4. County Access. Collins agrees to provide the County with ingress and egress to the conservation easement area to determine Collins' compliance with the terms of the conservation easement and for County management if -deemed necessary. 5. Surveyors. Collins shall provide, at Collins' expense, a survey of the property showing the area comprising the entire conservation easement deeded to the County which shall be Exhibit "D". 6. Failure to Purchase: Termination of Escrow. Should Collins fail to purchase the property as required herein, this Agreement shall be void and shall be delivered to County from escrow. All County rights under its April 15, 1999 purchase option agreement shall revive and be fully re- instated. 7. Failure to Deliver Easement: Liquidated Damages. Should Collins purchase the property but fail to execute and deliver to the County a conservation easement as described in Exhibits "B" and "C", Collins shall pay the County $100,000 as liquidated damages. 8. Non -Waiver of County's Regulatory Powers. Nothing contained in the Agreement shall be construed as a waiver of or contract with respect to the regulatory, and perMittinn mithnrity of the Cminty as it now or hereafter exists under applicable laws, rules and regulations. 9. Time is of the Essence. Time is of the essence with respect to all matters set forth in this Agreement. 10. Governing Law/Attorney's Fees. This Agreement shall be construed and interpreted according to iaws or the state of Fiorida. in the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other reasonable trial and appellate attorney's fees and costs. 11. Construction of Agreement. This Agreement shall not be construed mores strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both County and Collins have contributed substantially and materially to the preparation hereof. •A 40 • 12. Effective Date. For all purposes of this Agreement, the effective date hereof shall mean the date when the County, through its Chairman, has been authorized to execute this Agreement, and that date shall be inserted at the top of the first page hereof. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to be effective as of the date and year first above written. Signed it the pre jnce o� ►1 • yam•*,,11,<�sr_ j!r r sign r print na e: h# A sign• , print me: ^.� e?Zl dj Attest: .J rey K. Barton, Clerk ,�. J � Thomai H. Collins Gretchen P. Collins INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By neth R. Macht, Chairman APPROY�D AS TO FORM AND LEGAL `ov"r 'r!Gi�P>CY By WILLIAM G. COLLINS It DEPUTY COUNTY ATTORNEY M, '7 EXIEDU "A" Legal Description East 712.25 feet of the West 812.25 feet cf Gocerriment Lot 5. ,aid prolmty beintr also de%.Til•ed as; West 2 A of Gmemtnent Lot 5. Less the Westeriv lot) feet thereof: Indian Rii-er Comm Florida. Tax I.D.-:26-31-39-00000.U1150.11nOt11.; Note: final legal description Trill tic as dctennined by survey. —.F rn:; r• of 0 07/07.,99 WED 10:34 FAX 581 231 9729 O'HAIRE. QUINN, CANDLER 2003 GRANT OT (CINCFRVATION EASEMENT AND ACCEPTANCE THIS GRANTOF CONSERVATION EASEMENT, made and executed this- day of 1999, by THOMAS H. COLLINS and GRETCHEN P. COLLINS, husband and wife, whose mailing address is 9301 N. A -1-A, Suite 4, Vero Beach. FL 32963. hereinafter collectively rf-.f,-.TTM in as Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1840 251° Street, Vero Bench, Florida 32960, hereinafter called Grantee, WITNESSETH; WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County described in Exhibit "A"; and WRRRRA S, the C,rantee i.c qualined to hold a conservation easement as a political subdivision of the State of Florida empowered to hold an interest in real property under the laws of this State and having adopted a clearly delineated governmental conservation policy as evidenced by the Indian River Coway Comprehensive Plan Conservation Element, Policy 6.12 to preserve native plant communities in viable condition with intact canopy, understory, and ground cover; and WHEREAS, the Grantee's conservation policy permits and encourages the acquisition of land and conservation easements to further conservation goals, including the preservation of land: the protection of a predominantly natural habitat of fish, wildlife, or plants; the preservation of open space; and the preservation of a historically important land; WHEREAS. die GLautce bclicNcs dial. its btatcd wuscrvatiun goals would be furthered by the Grantor's contribution, of a perpetual conservation easement over a portion of the Grantor's real property, and that such an casement would yield a significant public benefit; WHEREAS, Grantor desires to convey to the Grantee a conservation easement placing certain limitations and affirmative ohligations on the Cranrar's real pmitrrty fnr the protection of wetlands, scenic, resource, environmental, and other values, and in order that the real property shall remain predominantly in itn natural condition forever; NOW, THEREFORE, Grantor, in consideration of the Grantee's obligations to enforce the restrictions imposed by this conveyance, by these presents does grant, donate and contribute a conservation easement upon and across the real property described in Exhibit "B" to Grantee which conservation easement shall run with the laud and be binding upon the owner. its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) construction or placing buildings, road signs, billb(uLda yr whet u6citisaig, utilities, or other structures on or above the ground. (b) dumping or placing of snil _1r other substance or material as 11—J611 nr dumni- or placing trash, waste, or unsightly or offensive materials. EXIIIBIT-"B" •• G 6 07:07:99 WED 10:35 FAX 561 231 9729 O'HAIP,E, QUINN'. CANDLER 0 004 (c) mrnovat or dectnietinn of trees, ahnihs, nr other vegetatinn, except a4 reserved helnw (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface, except with the approval of the Grantee for the purpose of restoring or improving the natural habitat. (e) surface use except for purposes that permit the land or water area to retrain predondnanti y to its natural condition. (f) activideCdetrimantal to drainage, flood control. water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or waste areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Notwithstanding the foregoing restrictions, Grantor reserves for Grantor, its heirs, successors, administrators, and assigns the following reserved rights, which may be excrci:cd upon providing prior written notice to Grantee, except where expressly provided otherwise: (a) landscaping by the Grantor to prevent severe erosion or damage to the propery that is the subject of this easement or significant detriment to existing or permitted uses, and limited trimming of vegetation, including mangroves, in order to preserve the waterway views from the servient land, is allowed, provided that such landscaping and trimming are generally consistent with preserving the predominantly natural condition of the property that is the subject of this easement and permitted by icri'nrinnol onwnrv.c (b) the right to engage in any passive recreational activities uses that not detrimental to the health of the ecological system. No written notice is required. (c) the right to maintain existing roads, trails or walkways. Maintenance shall be limited to: removal or pruning of dead or hazardous vegetation; application of permenhle materials le.g., sand, gravel, crushed) necessary to correct or impede erosion; grading; replacement of culverts, water control structures, or bridges; and, maintenance of roadside ditches, (d) the right to engage in all acts or uses not prohibited by the restrictions, and which are not inconsistent with the conservation purposes of this grant, the preservation of the property that is the Subject of this easement predominantly in its natural condition, and the protection of its environmental systems. Notwithstanding any provision to the contrary herein contained. Grantee has the right to enter the conservation easement for management purposes at reasonable times and with reasonable notice to the Grarllur. 'flub uvabcrvaiior aseuteiit shall not be interpreted as cmending access rights ;o the general public for any purpose, and not be interpreted as extending access rights to the Grantee's agents other than for management of the conservation easement. Notwithstanding any provisior_ to the contrary herein contained, the above -stated conservation easement shall not transfer to Grantee any of the normal duties and ohiigations of the Gratimr to maintain eO • 07,07%99 WED 10:95 FAX 561 231 9729 O'HAIRE. QUINN, CANDLER 10005 the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above-natcd comervatiuu easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, trearment and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servicut estate. This easement shall not be transferred to another organization unless the. transferee organization is also an eligible organization under Treasury Ree. 1.170A -14(c)(1) o: similar provision of Federal law, and unless the donee organization, as a condition of the subsequent transfer, requires thattltc conservation purposes which this contribution was originally intended to advance continue to be carried out. This easement may be eufotced by the Giautec by injuuctiun or proceeding in equity or at law. This easement shall be recorded and indexed in the same manner as any other instrument atfecttng the title to real property. In the event that changed conditions render impossible the continued use of the property that is the subject of this easement for the comervatirm pntpnse.e, thin easement may only be extinguished, in whole or in part, by judicial proceeding. In the event that all or a portion of this the property that is the subject of this easement is sold, exchanged, or involuntarily converted following an cxting.!ishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this easement. The parties stipulate that the fair market value of this easement shall be determined by multiplying the fair market value of the property that is the subject of this easement unencumbered by this easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the rime of this grant to the value of the property that is the subject of this easement (without deduction for the value of this easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a nrauuei cu:uisreut with the purpusub of this easement. lits easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this easement or the status of the Grantee under any applicable laws, including § 170(h) of the Internal Revenue Code, and is consistent with the conservation purposes of this grant. Grantor hereby covenants tha: it is lawfully seized of said acrvicnt land in fcc simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor and Grantee have executed this easement on the date written above. By its execution and acceptance of this easement. Grantee accepts the conditions and rights of enforcement herein. 00 40 0 07.0799 WED 10:08 FAX 501 211 9729 IN THE PRESENCE OF: Print Name: Print Name: Print Name: Print Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER O'HAIRE. QUINN, CANDLER Execution by Grantor THOMAS H. COLLINS GRETCHEN P. COLLINS The foregoing instrument was acknowledged before me th:s— day of July, 1999, by Gretchen P. Culliub, who is porwaally known to im or who rias produced as identification. Notary Public Notary's name: State of Florida My Commission Expires: Commission No.: STATE OF FLORIDA COLNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of July, 1999, by Thomas H. Collins, who is personally known to the or who has produced as identification, Notary Public (;� 008 0• 40 CARTER ASSOCIA`I"ES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1 708 21St STREET 1'ERO REACII. FLORIDA 32960.3472 567-iti2.41Al sol -,r2 -:Ino Ir•Ax1 N'N'NLl':Irl(` r:IStiOC. COill 7-6-99 DESCRUMON: RE: Conservation Easement MARVIN ti, CAIMR, P.S.M. "ANA IIOWAIID. P.S.N. DEAN F. LUrTIUr. P.P. o ,a JOHN 11. RLL'M. P.E. FRANK S. CI'CCCRESE. P.S.M. DAVID E. LCI: rME. P.S.M. '.I A)RGr•. SI\IONS. P.E. S.I.E E SNORERGER, P.F. PATRICK S. WALTHER. P.E. Commencing at the Northeast corner of Government Lot 5, Section 26,Township 3ISouth,Range39 East; Thence run West along the North line of said Government Lot 5 a distance of 705.96 feet to a point. Thence run South a distance of 59.51 feet; Thence run South70* East a distance of 6.81 feet; Thence run East a distance of 50.00 feet; Thence run South 60° East a distance of 60.00 feet; Thence run South 80° East a distance of 24.81 feet; Thence run South to thA Mean High Water line of the Indian River and Point of Beginning. Thence retracing the above courses run North 46.0 feet, more or less, to a point; Thence run North 80° West a distance of 24.81 feet; Thence run North 60°West a distance of 60.00 feet; Thence run West a distance of 50.00 feet; Thence run North 70° West a distance of 6.81 feet; Thence run North a distance of 59.51 feet to said North line of Government Lot 5; Thence run West along said North line a distance of 612.25 feet to the West line of said Government Lot 5; Thence run south a distance of 21.00 feet more or less to the Mean High Water line of the Indian River; Thence meander Easterly along said Mean High Water line to the Point of Beginning less and except the West 100.00 feet thereof. T68Cillur WAII, wid in wallnun widi 4djuiiiiliy piopu,iy vwucf-s' a . case cnt for iugrCoS w.d egress over the South 35.00 feet of Government Lot 4, and the South 35.00 feet of that part of Government Lot 3 lying West of Jungle Trail, Section 26, Township3l South, Range 39 East. The centerline, of which is 17.50 feet North of and parallel to the South lines of said Government Lots 3 and 4 and extending Westerly to a point lying 100 feet East of the West line of said Government Lot 4. Said land lying and being in Indian River County, Florida. Said parcel contain 1.64 acres MORE OR LESS. JAIDANAM-350 collins.&saip..do, it'1111I}I 1--k W ltil CAIS111tc @AI-- of LA EXHIBIT "D" See full size boundary survey located in the Office of the County Attorney.